EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 June 15, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: Production of First Batch of Records for FOIA Request FY2018-091 Dear Mr. Evers: This letter is a first production response to Freedom of Information Act (FOIA), 5 U.S.C. § 552 that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. We have processed 200 records and identified 106 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 66 redaction instances pursuant to 5 U.S.C. § 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted unpublished email addresses and phone numbers. We have determined that exemptions be applied in 18 redaction instances pursuant to 5 U.S.C. § 552(b)(5). The information redacted under Exemption 5 comprises deliberative materials and/or presidential communications. Specifically, we redacted a White House discussion memorandum, draft fact sheet, and draft FAQ. This release constitutes a denial in part. Release of this information does not foreclose CEQ from alter claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Howard Sun FOIA Public Liaison Attorney-Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-3621 Attachment Eno Transportation Weekly 11 May 2017 More Administration Hires for Transportation Announced President Trump on May 8 announced a fourth Presidential appointment to the U.S. Department of Tran sportation. Adam Sull ivan will be nom inated t o be Assistant Secretary of Transportation for Governmenta l Affairs. Get tin g a nominee through the Senate in this polarized time requires friends, and Sullivan is currently a staffer for the Senate Appropriations Committee, which can't hurt . He works on the Labor-HHS-Education subcommittee, and he knows the "Labor" part from his tim e working at the Department of Labor in the George W. Bush Administration when Elaine Chao was the Secretary . Sullivan worked in in the office of Labor's Assistant Secreta ry for Congressional and Intergovernmental Affairs, first as a liaison for budget and appropriations, then as Deputy Assistant Secretary, Congressional. Sullivan left Labor to work for the Harri s Corporation , a major player in both defense and civil aviation (they run the ADS-B program) , working on national security issu es. He also worked on Capitol Hill for Rep . Jack Kingston (R-GA) at one point. ETWis also informed that Sean McMaster , most recently the Deput y Chief of Staff for former Rep. John Mica (R-FL), is or will be a Deputy Assistant SecDOT for Governmen ta l Affairs. We're still not sure how Sec. Chao and her team will divide the workload within that office. As ETW reported two weeks ago, Sec. Chao recently took action to centralize authority for governmental relations in all modal administrations (except the FAA) in the Assistant Secretary. In other senior DOT appointee news, on May 10 Senate Majority Leader Mitch McConnell (R-KY) filed cloture on the nomination of Jeffre y Rosen to be Deput y Secretary of Transporta tion. At press time, it was unclear exactly when the cloture vote will occur (the Senate has to deal with the U.S. Trade Representative nomination first), but the Senate should reach a final disposition of the Rosen nomination by the middle of next week. Rosen's nomination was ap pr oved in committee on April 7. Also this week , the indefatigable Alex Herrgott left Capitol Hill, where he was the longtime top transportation sta ffer to Senator Jim Inhofe (R-OK), and has moved to the White House. Herrgott joins the Council for Environmenta l Qualit y, where he will be Associate Director for Infra str ucture. The very existence of such a job is evidence of the change of priorities in the new Administration. The Decembe r 2016 edition of the Government Manual shows that under Pre sident Obam a, the CEQ was organized to have Associate Direc tors for Climate Preparednes s, Conservation and Wildlife, Energy and Climate Change, Lands and Water Ecosyste ms, and Ocean and Coastal Policy - bu t not "infras tr ucture ." Th e closest it came was an AD. for "NEPA Oversight. " (When a final Manual or director y comes out this fall, the reorganizationa l changes across the Executiv e Office of the Pre sident will make fascinating reading.) 11 CEQ-19-0173-A-000001 CEQ050 FY18091_000000103 RE: White House looking for Senate and CongressionalWestern Caucus input on infrastructureplan From: "Arnakis, Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 16 May 201719 :35:01 -0400 I apologize, bet t er than the original draft that said projects . From: Arnakis, Adrian (Commerce) Sent: Tuesday, May 16, 2017 6:56 PM To : Herrgott, Alex H. EOP/CEQ Subject: FW: White House looking for Senate and Congressional Western Caucus input on infrastructure plan This is what I was talking about. ... .. not good. From: MarinoThacker, Meghan(Daines) Sent: Tuesday,May 16, 2017 6:31 PM To: MarinoThacker, Meghan(Daines) Subject: White Houselooking for Senateand Congressiona l WesternCaucusinput on infrastructureplan Greetings, As the President prepares his comprehensive infrastructure plan, the White House has asked for our input in a bicameral Western Caucus white paper with ideas and policy recomm endations for rural infrastru cture. The White House has r equested that we sub mit this do cume nt by next Friday, May 26 th. Please send any priorities your boss would hl(e included by COB Monday, May 22 nd to me at Meghan Thacker @daines .senate .gov, subject line "Senate Western Caucus Infras tructure Priorities-Senator XXXX." These can include broad concepts, specific bills, or other ideas you might have. Very much looking forward to informing this process together. Please let me know if you have any questions or would like more informat ion. - Sincerely, Meghan Senate Western Caucus Membership Senator Steve Daines (R-MT), Chairman CEQ-19-0173-A-000002 1 CEQ050FY 18091_ 000000073 Senator John Barrasso (R-WY), Founder & Chairman Emeritus Senator Roy Blunt (R-MO) Senator John Boozman (R-AR) Senator Bill Cassidy (R-LA) Senator John Cornyn (R-TX) Senator Tom Cotton (R-AR) Senator Mike Crapo (R-ID) Senator Mike Enzi (R-WY) Senator ,Joni Ernst (R-lA) Senator Deb Fischer (R-NE) Senator Jeff Flake (R-AZ) Senator Cory Gardner (R-CO) Senator Orrin Hatch (R-UT) Senator Dean Heller (R-NV) Senato r Jolm Hoeven (R-ND) Senator James lnhofe (R-OK) Senator James Lankford (R-OK) Senator Mike Lee (R-UT) Senator John McCain (R-AZ) Senator Jerry Moran (R-KS) Senator Lisa Murkowski (R-AK) Senator Jim Risch (R-ID) Senator Pat Robe1ts (R-KS) Senator Mike Rounds (R-SD) Senator Ben Sasse (R-NE) Senator Dan Sullivan (R-AK) Senator John Thun e (R-SD) Se n at e W es te rn Cauc us Staff Meghan Thacker, Executive Direc~ Sophie Miller, LegislativeAide-Se nate Wes tern Caucus Advisors Kaitlynn Glover, Officeof Chairman Emeritus Barrasso Abbey Reller, Office of Chairman Emeritus Barrasso BrandonAshley, Native Ametican Advisor CEQ-19-0173-A-000003 2 CEQ050FY18091_000000073 FW: WhiteHouselookingfor Senateand Congressional Western Caucusinputon infrastructure plan From: "Arnakis , Adrian (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Tue, 16 May 201718:55:40-0400 This is what I was talking about. ..... not good . From: MarinoThacker, Meghan(Daines) Sent : Tuesday,May 16, 2017 6:31 PM To: MarinoThacker, Meghan(Daines) Subject: White Houselooking for Senateand CongressionalWesternCaucusinput on infrastructure plan Greetings, As the President prepares his comprehensive infrastructure plan, the White House has asked for our input in a bicame ral Western Caucus white paper with ideas and policy recomm endation s for rural infrastruch 1re. The White House has requested that we sub mit this document by next Friday, May 26 th. Please send any priorities your boss would like included by COB Monday, May 22 nd to me at Meghan Thacker@daines.se nate.gov, subject line "Senat e Western Caucus Infrastmcture Pr iorities - Senator XXXX."These can include broad concepts, specific bills, or other ideas you might have. Very much looking forward to informing this process together. Please let me know if you have any questions or would like more information. - Sincerely, Meghan Senate Western Caucus Membership Senator Steve Daines (R-MT), Chairman Senator John Barrasso (R-WY), Founder & Chairman Emeritus Senator Roy Blunt (R-MO) Senator John Boozman (R-AR) Senator Bill Cassidy (R-LA) Senator ,John Cornyn (R-TX) Senator Tom Cotton (R-AR) Senator Mike Crapo (R-ID) Senator Mike Enzi (R-WY) Senator ,Joni Ernst (R-lA) Sena tor Deb Fischer (R-NE) Senator Jeff Flake (R-AZ) CEQ-19-0173-A-000004 1 CEQ050FY 18091 _ 000000075 Senator Co1y Gardner (R-CO) Senator Orrin Hatch (R-UT) Senator Dean Heller (R-NV) Senator John Hoeven (R-ND) Senator James lnhofe (R-OK) Senator James Lankford (R-OK) Senator Mike Lee (R-UT) Senator John McCain (R-AZ) Senator Jerry Moran (R-KS) Senator Lisa Murkowski (R-AK) Senator Jim Risch (R-ID) Senator Pat Rober ts (R-KS) Senator Mike Rounds (R-SD) Senator Ben Sasse (R-NE) Senator Dan Sullivan (R-AK) Senator John Thune (R-SD) Se nat e Wester n Caucus Staff Meghan Thacker, Executive Direc~ Sophie Miller, LegislativeAide-Senat e Wes tern Caucus Advi s ors Kaitlynn Glover, Office of Chairman Emeritus Barrasso Abbey Reller, Office of Chairman Emeritus Barrasso Brandon Ashley, Native American Advisor CEQ-19-0173-A-000005 2 CEQ050FY18091_000000075 FW: lnhofewantsinfrastructure packageto startin Senate From To: Date: "Neely, Andrew (Commerce)" sboyajian@nossaman.com, "Herrgott , Alex H. EOP/CEQ" Tue, 16 May 2017 18:46:05 -0400 I- lnhofe getting after it . Awesome Andrew Neely From: POLITICO Pro Transportation Whiteboard [mailto:politicoemail@po Sent: Tuesday, May 16, 2017 6:26 PM liticopro.com] To: Neely, Andrew (Commerce} Subject: lnhofe wants infrastructure package to start in Senate By Br ianna Gurciullo 05/ 16/2017 06:11 PM EDT Sen . Jim Inhofe said today that he would prefer to see an infrastrncture package start to take shape in the Senate instead of the House, citjng the process by which Congress enac ted the FAST Act. "Because of our exper ience in the FAST Act , I would rather get some thing really spec ific in the Senate because it turned out that that's what we did anyway ," the Oklahoma Republi can told reporters after a Senate Environment and Public Works Transportation and Infrastructure subcommit tee hearing . Inhofe, the chairman of that subcommittee , said he's "pretty optimistic" that lawmakers will craft a bill before year's end, even though health care and tax reform come first on the GOP priority list. The full Senate EPW Committee will hold a hearin g Wednesday with Transporta tion Secretary Elaine Chao as the only witness. Inhofe said be wants Chao to get "a little more in depth" on the administration's infrastructure plans than she did during her confirmation hearing before the Senate Commerce Comm ittee, of which Inhofe is also a member. He described that hearing as "pretty vague." "And by now, enough time has gone by that she can speak to some specifics as to what projects are going to be pursued , what type of projects," Inhofe said, adding that he hop es Chao addresses funding as well. CEQ-19-0173-A-000006 1 CEQ050FY 18091 _ 000000077 Inhofe said even raising the gas tax is "on the table" when it com es to funding. He added he "would hope that there would be" more provisions to streamline environmen tal reviews in a package. To view online: https ://www .politicopro.com/transportat ion/whiteboard/201 7/0S/inhofe-want s-infras tructurepackage-to-start-in-senate-087799 Was th is Pro content helpful? Te ll us wha t you th ink in one c lick. Yes 1 ver y Somewhat Nol reall y You receive d this P OLITI CO Pro content because your customized settings include: tags: Transportation: Senate Environment And Public Works Committee, Transporta tion: Department of Tran sportation , Transportat ion: Senate Commer ce Comm ittee. To change your alert settings, please go to https ://www .politicopro .com/sett ings Th is emai l was sent by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA CEQ-19-0173-A-000007 2 CEQ050FY18091_000000077 Re: White Houselookingfor Senateand Congressional Western Caucusinputon infrastructure plan From: To: "Arnakis, Adrian (Commerce)" Date: Tue, 16 May 2017 20:45:29 -0400 This Is really for ideas. No no on projects. Sent from my iPbone On May 16, 20 I 7, at 7:35 PM, Arnakis, Adrian (Commerce) wrote: I apologize, better than the original draft that said projects. From: Arnakis, Adr ian (Commerce) Sent: Tuesday, May 16, 2017 6:56 PM To: Herrgott, Alex H. EOP/CEQ Subject: FW: White House looking for Senate and Congressional Western Caucus input on infrastructure plan This is what I was talking about. ..... not good. From: Marino Thacker, Meghan(Daines) Sent: Tuesday,May 16, 2017 6:31 PM To: Marino Thacker, Meghan(Daines) Subject : White Houselooking for Senateand CongressionalWesternCaucus input on infrastructure plan Greetings , As th e President prepares his comprehens ive infrastructure plan, the White House has asked for our input in a bicameral Western Caucus white pap er with ideas and policy recommendations for rural infrastructure. The White House has requested that we submit this document by next Friday, May 26 th . Please send any priorit ies your boss would like included by COB Monday, May 22 nd to me at Meghan Thacker@da ines.senate.gov, subject line "Senate Western Caucus Infr astructure Priorit ies-Se nator XXXX." These can in clude broad concepts, spec ific bills, or othe r ideas you might have. Very much looking fo1ward to inform ing this process toget her. Please let me know if you have any questions or would like more information. CEQ-19-0173-A-000008 1 CEQ050FY18091_ 000000312 - Sincerely, Meghan Senate Western Caucus Membership Senator Steve Daines (R-MT), Chairmcm Senator John Barrasso (R-WY), Founder & Chairman Emeritus Senator Roy Blunt (R-MO) Senator .John Boozman (R-AR) Senator Bill Cassidy (R-lA) Senator John Cornyn (R-TX) Senato r Tom Cotton (R-AR) Senator Mike Crapo (R-ID) Senator Mike Enzi (R-WY) Senator Joni Ernst (R-IA) Senator Deb Fischer (R-NE) Senator Jeff Flake (R-AZ) Senator Cory Gardner (R-CO) Senator Orrin Hatch (R-UT) Senator Dean Heller (R-NV) Senator John Hoeven (R-ND) Senator James Inhofe (R-OK) Senator James Lankford (R-OK) Senator Mike Lee (R-UT) Senator John McCain (R-AZ) Senator Jerry Moran (R-KS) Senato r Lisa Murkowski (R-AK) Senator Jim Risch (R-ID) Senator Pat Roberts (R-KS) Senator Mike Rounds (R-SD) Senator Ben Sasse (R-NE) Senator Dan Sullivan (R-AK) Senator ,John Thune (R-SD) S e ual o,,W es lo,,r u Caucu s S laff Mcghan Thacker, Executive Direc~ Sophie Miller, Legislalive Aide-Senat e , ,Yestern Caucu s Ad viso rs Kaitlynn Glover, Officeof Chairman Emeritus Barrasso Abhey Reller, Office of Chairman Emciitus Rarra%o Brandon Ashley, Native American Advisor CEQ-19-0173-A-000009 2 CEQ050FY18091_000000312 Re: White Houselookingfor Senateand Congressional Western Caucusinputon infrastructure plan From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce 1ebaef28486db7e75a45c19c9813 -herrgott , a"> To: "Arnakis , Adrian (Commerce)" Date: Tue , 16 May 2017 20:46:01 -0400 This Is really for ideas . No no on projects. Sent from my iPbone On May 16, 2017, al 7:35 PM, Arnakis, Adrian (Commerce) wrote: I apologize, better than the original draft that said projects. From: Arnakis, Adrian (Commerce) Sent: Tuesday, May 16, 2017 6:56 PM To: Herrgott, Alex H. EOP/CEQ Subject: FW: White House looking for Senate and Congressional Western Caucus input on infrastr ucture plan This is what I was talking about. .. ... not good. From: Marino Thacker, Meghan (Daines) Sent: Tuesday, May 16, 2017 6:31 PM To: Marino Thacker, Meghan (Daines) Subject: White House looking for Senate and Congressional Western Caucus input on infrastructure plan Greetings, As the Presi dent prepares his compre hensive infrastructure plan, the White House has asked for our input in a bicameral Western Caucus white paper with ideas and policy recomme ndations for rural infrastructur e. The White House has reques ted that we subm it this document by next Friday, May 26 th. Please send any priorities your boss would like included by COB Monday , May 22 nd to me at Meghan Thacker@daines .senate .gov, subject line "Senate Western Caucus Infrastructure Priorities-Senator XXXX." These can include broad concepts, specific bills, or other ideas yon might have. CEQ-19-0173-A-000010 1 CEQ050FY18091_000001975 Very much looking fo1ward to informing this pro cess together. Please let me kn ow if you have any questions or would like more information. - Sincerely, Meghan Senate Western Caucus Membership Senator Steve Daines (R-MT), Chairman Senator John Barrasso (R-WY), Foimcler & Chairmcm Emeritus Senator Roy Blunt (R-MO) Senator ,John Boozman (R-AR) Senator Bill Cassidy (R-LA) Senator John Cornyn (R-TX) Senator Tom Cotton (R-AR) Senator Mike Crapo (R- ID) Senator Mike Enzi (R-WY) Senator Joni Ernst (R-IA) Senator Deb Fische r (R-NE) Senator Jeff Flake (R-AZ) Senator Cory Gardner (R-CO) Senator Orrin Hatch (R-UT) Senator Dean Heller (R-NV) Senator John Hoeven (R-ND) Senato r Jan1es ln h ofe (R-OK) Senator James Lankford (R-OK) Senator Mike Lee (R- UT) Senator John McCain (R-AZ) Senator .Jeny Moran (R- KS) Senator Lisa Murkowski (R-AK) Senator ,Jim Risch (R-JD) Senator Pat Roberts (R-KS) Senator Mike Rou nds (R-SD) Sena tor Ben Sasse (R-NE) Senator Dan Sullivan (R-AK) Senator .John Thune (R-SD) Se nate W este rn Cau cus Staff Meghan Thacker, Executive Direc~ Sophie Miller, Legislative Aide-Senat e Wes tern Cau c us Ad visor s Kaitlynn Glover, Office of Chrurman Emeritus Barrasso Abbey Reller, Office of Chairman Emeritu s Barrasso Brandon Ashley, Native American Advisor CEQ-19-0173-A-000011 2 CEQ050FY18091_000001975 RE: Chao:No projectlistin infrastructure plan From: "Arnakis, Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 17 May 201715:20 :15 -0400 Thank you so very much . From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 17, 2017 3:10 PM To: Arnakis, Adrian (Commerce) Subject: FW: Chao: No project list in infrastructure plan I made sure she understood this after our conversation yesterday From: POLITICO Pro Transportation Whiteboard [mailto:po liticoemail@po litic op ro.com l Sent: Wednesday, May 17, 2017 3:08 PM To: Herrgot t, Alex H. EOP/CEQ Subject:Chao: No project list in infrastructure plan By Briann a Gurciullo 05/ 17/2017 02:53 PM EDT Transportatio n Secretary Elaine Chao said today that the Donald Trump administration "will not specify any list of projects" ia an infrastru cture plan. Sen. Joni Ernst (R-Iowa) , at a Senate Environment and Pub lic Works Committee hearing, asked Chao what she meant when she said earlier this week that the administration would wan t to fund "projects that have the potential to significantly increase GDP growth or to lift the American spirit" using federal dollars. "We will not specify any list of projects or anything like that," Chao said in response . "But [what] my remarks wanted to confirm and to reassure was that this administration understands the needs of rural America and as we go forward, we need to find some way to address the needs of rural America ," because some "financiag mechanism s" used for urban projects don't always fit rnral projects . Chao said an infrastructure task force consisti ng of 16 federal agencies was considering the issue. To view online: >https ://www .politicopro.c om/transportation/w hiteboard/20 l 7/05/cbao-no -project-list-ininfrastructure-plan-087861 < CEQ-19-0173-A-000012 1 CEQ050FY 18091_ 000000042 Was this Pro content helpful? Tell us what you th ink in one click . Yes , ve ry Somewha t Not reall y You received this POLITICO Pro content becau se your customized settings include: Transportation: Receive All. To change your alert settings, please go to >https://www.politicopro.com /settings < This email was sent to Blvd . Arlington , VA, 22209 , USA by : POLITIC O , LLC 1000 Wilson CEQ-19-0173-A-000013 2 CEQ050FY18091_000000042 RE: From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn =recipients/cn=c7 ce 1ebaef28486db7e75a45c19c9813 -herrgott, a"> To: "Deci, Jen (Banking)" Date: Thu, 18 May 2017 10:51:25 -0400 Yes, I really need a list of principle later today and my FTAsect ion of substantive changes are bare. I need your 3-5 changes a FTA and then we will work to build them out months later. From: Deci, Jen (Banking) [mailto:Jen_Deci@banking.senate.gov] Sent: Thursday, May 18, 2017 10:50 AM To: Herrgott, Alex H. EOP/CEQ Subject: Re: Yeah, Shannon and I are planning to get together and give you a shout this afternoon if that works for you. Sent from my iPhone On May 18, 2017, at 10:49 AM, Herrgott, Alex H. EOP/CEQ wrote: Are you able to chat today Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality ..._ CEQ-19-0173-A-000014 1 CEQ050FY 18091_000000185 FW: DOT Request:NEC infrastructure proposal "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group From: (fydibohf23spdlt)/cn=recipients/cn=c7ce1ebaef28486db7 e75a45c19c9813-herrgott, a"> To: "Deci, Jen (Banking)" Date: Thu, 18 May 2017 16:50:34 -0400 Attachments DIVISION B--DOT compoents..docx (20.28 kB) -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:34 PM To: 'j.ray@dot.gov' ~j.ray@dot.gov> Subject: DOT Request: NEC infrastrncture proposal Jimmy, I need you give me a shout about this. We need help building out context for these sections and really need tl1is to be done by COB Monday. We may need to have a biU ready to go by end of next week. For each of the bulleted items in Title II, we need you lo build out the explanation of your proposal so that the existing problem and the proposed solution are clear. In the explanation, you should briefly identify the law or program as ii currently exists; identify the problem (or missed opportunity) that this create.s; and explain how we propose to fix it. The explanations should be short, bt1tshould provide enough context so that anyone reading it can underscand why the proposal is needed and what it will solve or accomplish. A template you could follow is: Proposal title or description The cunent law is ________ _ This creates a problem because _______ _ Doing will address this problem. For example: Eliminate Major Pr~ject oversight requirements for projects that are more routine for FHWA and DOTs. o Currently, Major Project oversight requirements apply to all projects that are over $500 million. o This adds unnecessary oversight requirements to projects that are routine for FHWA and DOTs. o Amending 23 U.S.C. I06(h) to raise the threshold for Major Projects from $500M to$ IB will remove unnecessary oversight from smaller, less complex p rojects tllat are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal should have enough explanation to make clear what currently exists today and how we propose to change it to make it better. CEQ-19-0173-A-000015 1 CEQ050FY18091_000000202 --Alex Alexander Herrgoll Associate Director for Infrastructure Councilon EnvironmentalQuality CEQ-19-0173-A-000016 2 C EQ050FY18091 _000000202 DIVISION B - INFRASTRUCTURE IMPROVEMENTS TITLE I - TRANSPORTATION Subtitle A - Financing • • • • • • • • • • • • • • Expand the eligibility of TIFIA Eliminate Federal prohibitions on imposition of tolls and commercialization of highway rights-of-way Elimination of Federal prohibitions on imposition of tolls on fixed guideways Airpo11sseek strong Administration support for legislative action to implement fundamental PFC reforms : eliminate the statutory cap on the level of PFC that may be imposed by an airport , eliminate the extra "significant contribution " standard for review of PFCs above $3.00, and extend the streamlined process for imposing and using PFCs from non-hub airports to all hub sizes Raise/Eliminate Cap on PFCs Pennit large airports to opt out of AIP program in return for increases on PFCs Expand coverage of private activity bonds (PABs) to all categories of pub lic-purpose infrastructure , and allow PABs to be used for reconstruction . Eliminate /raise PAB cap . Subsidize RRIF for short-line and passenger rail The ISRRPP allows States to implement tolling on existing interstate lanes to pay for the reconstruction or rehabilitation of those lanes. The current ISRRPP is limited to three slots, meaning only three States may pa11icipate. Lifting the cap on the number of slots/States that may participate could enable more States to pursue the authority to toll existing interstate highway capacity to reconstruct or rehabilitate it. Going one step further , you could simply cancel this program and pass legislation that allows the States to toll existing interstate capacity if they choose to - without coming to FHW A for approval to do so. Expand DOT's TIFIA lending authority to include financing facilities at airports , such as renovated or new passenger terminals and related facilities. This wou ld help launch new projects and help finance existing projects , including P3s at airports . It would permit TIFIA to help finance airport infrastructure that has private sector involvement (P3s) as well as those undertaken by governm ent author ities. Include the credit subsidy costs (credit risk premium) as one of the eligible costs for inclusion in a RRIF financing . (need to manage eligibility) Privatization/ commercialization of construction , operation , and maintenance activities associated with interstate rest areas. Provide a non-federal interest the authority to impose tolls or fees on third parties that derive a direct benefit from an inland waterway project , in an effort to recover project costs. Amounts generated under this shall be collected by the non-federal interest and retained solely for use by the non-federal interest to defray its costs associated with carrying out a project. Congress could amend current legislation to allow for tolling of these roads and specifica lly to incentiv ize doing so when this work will be implemented by a pr ivate investo r in exchange for new investment of capital to improve the current infrastructure . This way, the private sector can invest significant upfront capital today to improve the CEQ-19-0173-A-000017 CEQ050FY 18091_ 000000203 • roads and be repaid over the course of 30-75 years through the collection of the new tolls. Additionally , this allows government to shift the risk of potential construction cost overruns to the private sector instead of internalizing that risk with the taxpayer . Congress could amend current legislation to allow for tolling and specifically to incentivize doing so when this work will be implemented by a private investor in exchange for new investment of capital to improve the current infrastructure . This way , the private sector can invest significant upfront capital today to improve the roads and be repaid over the course of 30-75 years through the collection of the new tolls . Additionally , this allows government to shift the risk of potential construction cost overruns to the private sector instead of internalizing that risk with the taxpayer. Subtitle B - Highways • • • • • • Defederalizing Highway Trust Fund Contributio ns Elimina te statutory requirement for a State to repay federal funding when projects do not advance to construction within 10 years . Existing law (23 U.S.C . l02(b)) requ ires States to repay all Federal-aid reimbursements for preliminary engineering costs on a project that has not advanced to right-of-way acquisition or on-site construction within l O years after Federal -aid ftmds were first made avai lable for prel iminary engineer ing. Considerable resources are required by FHW A to track compliance with this requirement today. Expand the availability of routine and innovative project delivery and contract ing methods to accelerate project delivery.23USC provides authority to use routine and innovative project delivery and contracting methods that are commonly used by State DOTs , local governments , and other recipients . However , the authority doesn't extend to the federal land management agencies (FLMA) who also deliver projects with these 23USC funds. We propose to provide authority so that all contracting methods allowed under 23USC will extend to FLMA projects . Commonly used methods by State DOTs , local governements , and other recipients that wou ld be available to FLMAs would include electron ic bidding , bridge bund ling, project bundling, construction managergeneral contractor (CMGC) , among many others. Under Section 120 (Toll Facilities) of the Surface Transportation Assistance Act (STURRA) , the tolling facilities are limited in the use of the tolls on just the facilities themselves for construction and reconstruction costs and for the costs necessary for the proper operation and debt service of such facility (including resurfacing , reconstruction , rehabilitation , and restoration) . Current tolling legis lation allows tolls in excess of the costs noted above to be used on other Title 23 projects wi.thin the State. Adjust the STURRA legislation to be in alignment with current tolling authority . Eliminate Major Project oversight requirements for projects that are more routine for FHW A and DOTs . This proposal would require the statutiory definition of a major project in 23 U.S.C. J06(h) to be increased from $500M to $1B . The NEPA assignment application and audit processes are burdensome and complicated . In addition , clarification and/or expansion of the authorities that may be assigned to the states are needed to fully achieve the project delivery streamlining benefits through CEQ-19-0173-A-000018 2 CEQ050FY 18091 _ 000000203 • • • • NEPA assignment. Simplify the assignment application process. Clarify that all aspects of23 CFR 772 are included in the NEPA Assignment program. ; Allow states to assume all or part of the responsibilities of USDOT with respect to engineering and other activities related to environmental review , consultation , permitting or other action required w1der any Federal Environmental law for review or approva l of a specific project. ; Clarify that under the NEPA Assignment program , States may assume USDOT 's responsibilities in USCG Bridge Permit determinations and related consultation ; 23 CFR 144(c) and 23 CFR 650 Subpart H.;Under Assignme nt, a State 's Public Involvement Procedures should not require USDOT/FHW A approval as required in 23 CFR 771. 1 I l (h) .; States with assumption should be solely responsible for the development of their policies , guidance and procedures so long as Federal Laws and USDOT requirements and guidance are met. Under 23 USC 327, States may assume , by written agreement , responsibilities of the U.S. Department of Transportation w1der NEPA and related federal laws for surface transportation projects . This statute excludes from assignment FHWA's authority to make project level air quality conform ity determ inations under the Clean Air Act. This provision should be amended to allow the assignment of project -level conformity determinations . FHWA has recent ly sought to exclude from full NEPA assignment certain determinations regarding floodplains protection and noise policies on the ground that these determinations involve engineering issues . Engineering considerations are an inherent part of any alternatives analysis , including the alternatives analyses conducted as part of compliance with NEPA and Section 4(f) . States should be allowed to assume responsibi lity for any determinations normally made by FHWA as part of the NEPA process, even if those determinations involve consideration of engineering issues. Currently , a State must obtain FHW A ' s approval to obligate funds for a specific project. This step is completed in order to actually draw down specific Federal funds so that the State can seek reimbursement from FHWA for achtal costs incurred. This approval is provided for a project only after FHW A determines that all applicable Federal requirements have been met. A new legislative authority should be provided to States that allow States to assume FHW A's responsib ilities for determining that all federal requirements have been met , without the need for an individual project-level obligation approval by FHW A. Currently , there is no specific authorization in 23 USC 106 (or elsewhere in Title 23) for States to assume FHWA ' s responsibilities for authorizing federally funded right-of-way acquisitions . In addition , FHW A' s right-of-way regulations state that "as a condition of Federal funding under Title 23 , the grantee shall obtain FHWA authorization in writing or electronically before proceeding with any real property acquisition using title 23 funds , including early acquisitions under §710.50l(e) and hardship acquisition and protective buying under §710.503 ." New legislative authority should be established for States to assume some or all of FHW A's responsibilities for approval of right-of-way acquisitions , subject to the same legal protections that curren tly apply to the right-of-way acquisition CEQ-19-0173-A-000019 3 CEQ050FY 18091_ 000000203 • • • • • • • • • • process . This would require an amendment to 23 USC I 08 which currently requires FHW A authorization for early acquisitions . The FAST act requires lead agencies to establish project schedules for the completion of the environmental rev iew processes for env ironmental impact statements and environmental assessments after consultation with and the concurrence of each participating agency for the project ; MAP-21 made development of these project schedules optional. FAST also require s concurre nce of participating agencies for changes to project schedules . Environmental processes are only one of many components in project schedules . Establish that only the environmenta l portion of the schedule needs partic ipating agency concurrence , coordination plans need only contain major project milestones and may contain deadline ranges, schedule changes require the concurrence of only the affected federal agencies , not all participa ting agencies , and deadlines be set for agency responses ; lack of response indicates concurrence . This would require amending 23 USC I 39(g) . Amend 12 USC 123 to and allow utility relocation to take place prior to NEPA completion with appropriate limitations to ensure the integrity of the NEPA process, and allow federal funds to be used for the relocat ion. Require that initial transportation conformity does not apply until six months after EPA approves the SIP motor vehicle emissions budgets . This would require an amendment to 42 USC 7506. Amend 23 USC 7506(c)(2) to exclude marginal nonattainment and atta inmentmaintenance from transportation confor mity requirements . Require that when a NAAQS new standard is established , MPOs only need to conform to the most recent standard . This would require an amendment to 42 USC 7506 . Remove DOI, DOA and HUD review for individual 4(f) evaluation s. This would require amending 49 USC 303 Statute should be amended to allow States to determine that a preventive maintenan ce project meets the applicable criteria for federal reimbursement. This change would require an amendment to 23USC116(e) . This provision should be amended to allow States to approve a time extension , subject to criteria established in applicab le Federal regulations or policies. This change wou ld require an amendment of 23 USC I02(b ). This provision shou ld be amended to allow States to approve a time extension , subject to criteria establishe d in applicab le Federal regulations or policies . This change would not require legislation , but legislation could be enacted to ensure that this change is implemented consistent with the amendments to 23 USC 102(b). Under 23 USC 323, a State may receive credit toward the non-federal share of project costs for the fair market value of early acquisitions , donations of property , or other contributions made to the project. Currently, FHW A must approve any such credits based on a finding that all applicable criteria have been met. In addition , FHW A must approve any credits toward the non-federa l share for costs incurred prior to a project agreement , based on criteria defined in 23 CPR 1.9(b). These provisions should be broadened as CEQ-19-0173-A-000020 4 CEQ050FY 18091 _ 000000203 • • • appropriate so that States can approve the crediting of these costs toward tbe non-federal share , subject to criteria established in applicable Federal regulations or policies . Legis lative flexibility should be restored under HSIP to allow states detennine how to most effect ively invest their federal HSIP funds to support strategic safety efforts . Relocate the Bridge Permit program from the U.S . Coast Guard to the Federal Highway Administration Incentivize programmatic approach to Sections 106 and 4f for historic bridge projects (for bridges not addressed by Program Comment for common types) , e.g. if the state has a management plan for historic bridges that prioritizes the most significant and those in best conditio n for preservat ion, make it easier to replace other historic bridges (less significant and in poor condition) Subtitle C - Transit • • Require tax increment financing as condition for receipt of transit funds (formula and CIG) Eliminate constraints on use of public-private partnerships Subtitle D - Rai 1 Subtitle E - Airports • • • • • • The only requirements for buildings , roadways , etc. should be that they not interfere with the safe and efficient operation of aircraft and they comply with local building codes. FAA should not be involved in terminal , roadways , hangars , and other commercial building development , with the exception of the filing of a form to allow FAA to determine if a proposed development poses a hazard to aviation , as is required for nearby off-airport property constmction projects . Requirements for airports to submit plans and specifications , etc. to the FAA shou ld be eliminated FAA should have no say in the non-aeronautical business leases of an airport . Keeping FAA in the middle of reviewing airport leases for which they have no expertise is burdensome , counterproductive , and impedes airport operators from conduct ing their business in a way that best serves their airports and communities . Thus, FAA oversight should be eliminated Airports seek strong Administra tion support for legislative action to implement fundamental PFC reforms: eliminate the statutory cap on the level of PFC that may be imposed by an airp01t, eliminate the extra "significant contribution " standard for review of PFCs above $3 .00, and extend the streaml ined process for imposing and using PFCs from non-hub airports to all hub sizes FAA should allow greater PFC funding of projects such as airport terminals Eliminate Federal constraints to use of airpott property where not detrimental to safety The current FAA airport privatization program req uires that 65% of the air carriers using an airport (by both number of carriers and by landed weight) are required to allow the private operation and investment into an airport. CEQ-19-0173-A-000021 5 CEQ050FY 18091_ 000000203 • • • • • • • • • • • • Allow airports to employ alternative proje ct delivery methods , including Design Build and Construction Manager at Risk , on AIP-funded projects without requiring extraordinary justification Allow airports to promote early completion and savings for critical federally-funded airport projects by soliciting contractors to bid the number of days to complete the project , and employing contractual provisions , such as incentive payments and more efficie nt project delivery methods that have worked in the private sector and in other federal transportation grant programs The current FAA airport privatization program requires that 65% of the air carriers using an airport (by both number of carrie rs and by landed weight) are required to allow the private operation and investment into an airport. The Administration should eliminate the need for federal approvals for non-aeronautical development of airp011land acquired by the airport operator witho ut federa l assistance . Instead , the federal government sho uld simply prohibit development that interferes with safe and efficient aircraft operations and require that fair market rental s are received by the airport for use of the la11d The only requirement s for buildings , roadways , etc. should be that they not interfere with the safe and efficient operati on of aircraft and they comply with local building codes. FAA should no t be involved in terminal , roadways, hangars, and other com mercial bui Iding development , with the exception of the filing of a form to allow FAA to determine if a proposed development poses a hazard to aviation , as is required for nearby off-airport property construction projects . Requirements for airports to submit plans and specifica tions, etc. to the FAA shou ld be eliminated FAA should have no say in the non-aeronaut ical business leases of an airport . Keeping FAA in the middle of reviewing airport leases for whic h they have no expertise is burdensome, counterproductive, and impedes airport operators from conducting their business in a way that best serves their airports and com munities. Thus , FAA oversight shou ld be eliminated FAA should allow greater PFC funding of project s such as airpo1t terminal s Allow airports to employ alternative project delivery methods , including Design Build and Construct ion Manager at Risk , on A IP-funded projects without requiring extraordinary justification Allow airports to promote early completion and savings for critical federally-funded airport projects by solicit ing contractors to bid the nmnber of days to com plete the project , and employing contractual provisions , such as incent ive payments and more efficie nt project delivery methods that have worked in the private sector and in other federal transportation grant programs Allow the reimbursement of other airport funds by AIP entitlement funds for construction projects to belp inconsis tent federal funding cycles Expand the eligibi lity of projects for AIP or PFC funding , including infrastructure repair work that restores the functionality and extends the useful life of facilities Allow funding for terminal modifications to enhance security wherever they are needed CEQ-19-0173-A-000022 6 CEQ050FY 18091_ 000000203 • • • • Streamline tbe AIP Grant Process for Entitle ment Funds into a "receive and report " process Eliminate the need for a pre-application and app lication for projec ts using entitlement funds Eliminate all non-s tatutory grant assurances for the receipt of entitlement funds The Adm inistration should permit airports to utilize free market value princ iples in establis hing airline rates and charges CEQ-19-0173-A-000023 7 CEQ050FY 18091 _ 000000203 FW: Messagefrom"RNP439A35" "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group From: (fydibohf23spdlt)/cn=recipients/cn=c 7ce1 ebaef28486db 7 e 75a45c19c9813-herrgott, a"> To: andrew _forbes@inhofe.senate .gov Date: Fri, 19 May 2017 11 :53:05 -0400 Attachments 20170519113326266.pdf (2.18 MB); Infrastructure Initiative Fact Sheet v8.docx (52.97 kB) Keep these close. Do you r talking poin ts off the Fact Sheet Current system isn't working .. .leverage /self-help is real. -----Original Message-- --From: CEQ_722_SAVIN@ceq.eop.gov [mailto:CEQ_722_SAVIN@ceq.eop.gov ] Sent: Friday, May 19,2017 11:33AM To: Herrgott, Alex H. EOP/CEQ Subject: Message from "RNP439A35" This E-mail was sent from "RNP439A35" (9090) . Scan Date: 05.19.2017 11:33:26 (-0400) Queries to CEQ_722_SAVIN@ceq.eop.gov CEQ-19-0173-A-000024 1 C EQ050FY 18091 _ 000000 161 (5) (5) (5) (5) Re: DOT Request:NEC infrastructure proposal From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou =exchange administrative group (fydibohf23spdlt)/cn =recipients/cn=c7 ce 1ebaef28486db7e75a45c 19c98 13-herrgott, a"> To: "Fuchs, Patric k (Commerce)" Date: Fri, 19 May 2017 17:10:23 -0400 No. Sent from my jphone > On May l9, 2017, at 5: 10 PM, Fuchs, Patrick (Commerce)wrote: > I- > Meant for me? Thanks. > > Patrick Fuchs > > > -----Original Message----> From: Herrgott, Alex H. EOP/CEQ > Sent: Friday, May 19, 2017 5:09 PM > To: Fuchs, Patrick (Commerce) > Subject:Re: DOT Request: NEC infrastructureproposal > > > > Sell! from my iPhone > > On May 18, 2017, at 6:25 PM, Fuchs, Patrick (Commerce) > wrote: > > And here are some the streamlining and financing changes from the list sent by Adrian. These are not as wild as the ideas just sent. > > FRA > > CategoricalExclusions (CEs) for Railroad Projects > > As directed by the FAST Act, in June 2016, FRA published a notice proposing two uew CEs - concerning geotechnical investigationsand refinancing activities - from review under the National EnvironmentalPolicy Act. CEs are actions that generally do not necessitate au environmentalassessment or envirorunentalimpactstatement. FRA received public commentfor eight additional CEs that are applicable to h.igfuwayprojects but not for rail projects (e.g., installation of fencing, shelters, warui.ugdevices where no substantial land acquisition or traffic disruption occurs). lt also received comment to modify and expand two existing CEs concerning limited maintenanceand rail line addition activities. To date, FRA has not finalized the two proposed CEs, eight suggested additions, or two suggested modifications. Industrypoints out that the limited list ofC Es for rail, compared 10 highways, adds tu1necessarytime and cost to rail infrastructureprojects. > > 81 FR 35437 (2016 notice); 78 FR 2713 (2013 notice setting out a listofCEs). Note: FRA lists its CEs in policy CEQ-19-0173-A-000043 1 CEQ 050FY 1809 1_000000 181 guidance. > > Expand the CEs for rail projects to include the CEs applicable to other modes and to incorporate other suggestions from public commenters. > > AAR > > FRA > > RR1F Cohorts > > The Railroad Rehabilitation and Improvement Financing (RRIF) program collects credit risk premjums (CRPs) from borrowers to offset tJ1erisk of direct loans. A CRP is a surcharge based on a borrower's creditwortJliness. DOT is required to refund CRPs, minus any losses, when all of the loans in a cohort are repaid. Tile problem is that, over tJ1elife oftJ1e RRIF program, DOT has failed to define a cohort, so no borrower has received a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than defining cohort as all loans in a fiscal year, a definition consistent with regulations and legislative intent, DOT's failure to act has implied a single coho.rt of all RRIF loans - a legally dubious outcome harmful to reinvestment. Thus, despite repaying their loans, and receiving their loans in fiscal years in which all ot11erborrowers have repaid, several railroads - mostly small businesses - have had their CRPs tied up at DOT. With a fisca.lyear cohort definition, over $ 15 million in CRPs would eligible for refunds and another $25 million in CRPs would be eligible in a shorter period of time. > > 45 U.S.C. 822, prior to enactment of the FAST Act. (Note: the loans eligible for a refond were provided prior to the FAST Act, which eliminated this requirement going forward.) > > Define RRIF cohorts on a fiscal year basis, facilitating reftmds and enabling private capital reinvestment. > > Chambers, Conlon & Hartwell, on behalf ofNRCMA and ASLRRA > > FRA > > Section l 06 Exemption for Railroad Projects > > The FAST Act directed the FRA to propose, and tJ1eAdvisory Council on Historic Preservation (ACHP) to fiJ1alize, an exemption from Section 106 review for railroad projects tlrnt is similar to the exempti011granted for highway projects in 2005. Section I06 is a bistoric perseveration consultation and analysis process. While FRA has developed its proposal, the ACHP is yet to finalize its exemption, which is due no later th an June 2017. Though ACHP is an independent agency, and it has not yet missed any statutory deadline, industry states the finalization of thls exemption would be one oftbe FAST Act's most importa11tprovisions to accelerate ilie delivery ofrail infrastructure projects. > > 49 u.s.c.24202 > > Work with ilie ACHP to finalize tJ1eSection 106 exemption for railroad projects > > AAR, BNSF Railway > > FRA > > Advance acquisition > > For some types of projects, the Moving Ahead for Progress in the 2 1st Century Act (MAP-21) allowed, with various conditions, the acquisition of certain property interests prior to the completion of the National Environmemal Policy Act review for the foll project. This auiliority expedites property acquisition iliat is often essential for project development, saving time and money. However, it applies to projects under Title 23, sucb as highway projects , but not railroad pr~jects 1mderTitle 49. CEQ-19-0173-A-000044 2 CEQ050 FY18091_00000018 1 > > > 23 u.s.c.108 > > Apply modified and expanded version of the advance acquisition framework to rail projects. > > Amtrak > > > > Patrick Fuchs I > > From: Fuchs, Patrick (Commerce) > Sent: Thursday, May 18, 20 I7 6: 13 PM > To: 'Herrgott, Alex H. EOP/CEQ' > Subject: FW: DOT Request: NEC infrastructure proposal > > > Some ideas for the buckets I mentioned (some of which are wild, some of which I don't necessarily support) -> > > > I. RRIF (about $30 billion in unused Joan authority): > > > >* Loan renns. You could extend the potential loan tenn window from 35 to 50 years. (45 USC 822g) > > > Master credit agreements. You could amend the master credit agreement subsection (45 USC 822m), so that the trigger for payback of each of the loans in the master credit agreement is five years from the date of substantial completion of the last project in the agreement Right now, under 822j, it's the date of substautial completion of the project, not the last project in an agreement. This is a bit wild and out there, and I'm not sure I fully agree with it. But let's say you financed some of Gateway with a RRIF loan master credit agreement that included the tunnels aud the station. Under this, the loan wouldn't pay back until the last project (the station) was complete. You might fu1ishtl1etunnels in 2022 and the station in 202 7, so your payback for botl1starts in 2032. On some level, this makes sense, because you don't get the full operational benefits (going from two to four tracks in NYC) until all projects are complete. It would be a huge boon to big related projects to essentially delay payment until many years down the line. > >* > > Enviro/procurement law. As you know, a big hurdle for the program is the applicability of NEPA, Buy America, and other Federal procurement laws. The NEPA process generally must be complete before consideration of a loan. Understanding that you may not be able to do anything on Buy America, it may be good if the loans were treated more like private sector money for the purposes of environmental and other procurement law. >* > > > > * CRP funding. I think you already hit on subsidizing credit risk premiums for RRlF loans. * Loan guaramees at the lender level. Many folks on our side won't like tbiis,but some people have > > > > CEQ-19-0173-A-000045 3 CEQ050FY18091_000000181 suggested using the loan guaranteeaspect of RRIF more often. If you were to get wild, you could use the loan guarantee to back approved rail lenders, who would then provide Federally-backedloans. You could focus on the lender and set requirementsfor U1elender, instead of a Federal decision on each loan. This would eliminatesome of the hassle of going through the Federal process, and it is similar to how some other agencies subsidize loans. > > > > 2. > Amtrak (about $1.4 billion) > > Loog distance route corridors. We spend about $700 million on long distance route (over 750 miles), and states pay-in almost nothing. It's about half of the total Amtrak subsidy, and it's ouJy 15 percent of riders. Meanwhile, state-supported routes (under 750 miles) are half the riders, and the Federal governmentpays very little. You could set-up long distance route corridors (all the states in a route) and require benefiting states to pay-in >* 50 percent to fimd their long distance routes. This would draw-in more money to the system. If you wanted to, you could provide an out, so states along a route could vote to receive block grants for investment instead of long distance service. We'd need to think through the federalism issues. > > > >* Intercity passenger transportation grants. Instead of the $700 million on long distance service, you could block grant it witb state/local match requirements. States may choose to subsidize bus service and serve more people. As I have mentioned to you before, you'd need to allocate some of the money to pay labor severance and other transitional costs. > > > Competition. You could issue the final rnle allowing alternativepassenger rail earners (e.g., Herzog) to compete for Amtrak long distance routes if they can provide the same level of service for 90 percent of the costs or less. > >* > > > 3. > > > Grant programs (about $98 million) >* Federal-state partnership match. Shuster's bill had the Federal match at 50 percent, and the final bill had it 80 percent. Consid.ering tJ1atAmtrak would be matchillg,and could draw money in from commuter railroads (indirectly or directly), I suppose a 50 percent match could leverage more investment. This is small ball though - the program is $25 million, and it's probably not worth any questions from tl1oscin the NE. > > > > 4. Tax > > > >* > > 45G. As discussed, you could make this permanent. > > > > Patrick Fuchs 1-CEQ-19-0173-A-000046 4 CEQ050FY18091_000000181 > > > > > > -----OriginalMessage----> From: Fuchs, Patrick (Commerce) > Sent: Thursday, May 18, 2017 5:25 PM > To: 'Herrgon, Alex H. EOP/CEQ' > Subject: RE: DOT Request: NEC in:frasrructmeproposal > > > > Attached > > > > Patrick Fuchs I- > > > > -----Original Message----> > From: Herrgott, Alex H. EOP/CEQ > > Sent: Thursday, May 18, 2017 4:54 PM > > To: Fuchs, Patrick (Commerce) > > > Subject:FW: DOT Request: NEC infrastructureproposal > > > > Give me a shout > > > > -----OriginalMessage----> > From: Herrgott, Alex H. EOP/CEQ > > Sent: Thursday, May 18, 20l7 4:Sl PM > > To: 'Deci, Jen (Banking)' > > > Su~ject: FW: DOT Request: NEC infrastructureproposal > > > > > > > > -----OriginalMessage----- CEQ-19-0173-A-000047 5 CEQ050FY18091_000000181 > > From: Herrgott , Alex H. E0P /CEQ > > Sent: Thursday, May 18, 2017 4:34 PM > > To: 'j.ray@dot.gov ' > > > Subject: DOT Request: NEC infrastruct ure proposal > > > > > > Jimmy , > > > > I need you give me a shout about this. We need belp building out context for these sections and really need this to be done by COB Monday . > > > > We may need to bave a bill ready to go by end of next week. > > > > > > For each of the bulleted items i11Title U, we need you to build out the explanation of your proposa l so tl1at tl1e existing problem and the proposed solution are clear. Tn the explanation , you should briefly identify the law or program as it currently exists: identify the problem (or missed opporttm ity) that this creates ; and explain how we propose to fix it. The explanations should be short , but should provide enough context so that anyone reading it can understand why the proposal is needed and what it will solve or accomplish. A template you could follow is: > > > >* Proposal title or description > > * The current law is ________ _ * This creates a problem because ________ * Doing ______________ > > _ > > will address this problem. > > > > For example: > > > >* Eliminate Major Project oversight requirements for projects that are more routine for FHWA and D0Ts. > > o Currently , Major Project oversight requirements apply to all projects that are over $500 million. > > > 0 This adds unnecessary oversight requirements to projects tliat are routine for FHW A and D0Ts. CEQ-19-0173-A-000048 6 CEQ050 FY18091_000000181 > o Amending 23 U.S.C. J06(h) to raise the threshold for Major Projects from $500M to $ 1B will remove unnecessary oversight from smaller, less complex pr~jects that are routinely managed by FHW A and D•T s. > > > > This format doesn't need to be followed exactly , but each proposal should have enough explanation to make clear what currently exists today and how we propose to change it to make it bener. > > > > Alex > --> > > > > > > > Alexander Herrgott > > Associate Director for Infrastructure > --- > Council on Environme ntal Quality > > > > CEQ-19-0173-A-000049 7 CEQ050FY18091_000000181 Give me a shout From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange adm inistrative group (fydibohf23spdlt)/cn =recipients/cn=c7 ce 1ebaef28486db7e75a45c19c9813-herrgott, a"> To: "Arnakis, Adrian (Commerce)" Date: Fri, 19 May 2017 10:52 :03 -0400 - RE: Rural Title of Infra bill. I need you. Hope all is well bud Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-19-0173-A-000050 1 C EQ050FY 18091 _000000187 Re: DOT Request:NEC infrastructure proposal From: To: "Fuchs, Patrick (Commerce)" Date: Fri, 19 May 2017 17:10:23 -0400 No. Sent from my iPhoue > Oo May L9, 2017, at 5: JOPM, Fuchs, Patrick (Commerce)wrote: > I- > Meaut for me? Thanks. > > Patrick Fuchs > > > -----OriginalMessage----> From: Herrgott, Alex H. EOP/CEQ > Sent: Friday, May L9,2017 5:09 PM > To: Fuchs, Patrick (Commerce) > Subject:Re: DOT Request: NEC infrastmcture proposal > > > > Sent from my iPhone > > On May 18, 2017, at 6:25 PM, Fuchs, Patrick (Commerce) > wrote: > > And here are some the streamliningand financingchanges from the list sent by Adrian. These are not as wild as the ideas Just sent. > > FRA > > Categorical Exclusions (CEs) for RaiJroadProjects > > As directed by the FAST Act, in June 2016 , FRA published a notice proposing two new CEs - concerning geotechuical investigationsand refinancing activities - from review under the National EnvironmentalPolicy Act. CEs are actions that generally do not necessitate an euvironmental assessment or euvironmentalimpact statement. FRA receivedpublic comment for eight additional CEs that are applicable to higlhwayprojects but not for rail projects (e.g., installation of fencing, shelters, warning devices where no substantial land acquisition or traffic disruption occurs). It also received comment to modify and expand two existing CEs concerning limited maintenanceand rail line addition activities. To date, FRA bas not finalized the two proposed CEs, eight suggested additions, or two suggested modifications. Industry points out that the limited list ofCEs for rail, compared to highways, adds unnecessarytime and cost to rail infrastructurepr~jects. > > 81 FR 35437 (2016 notice); 78 FR 2713 (2013 notice setting out a list of CEs). Note: FRA lists its CEs in policy guidance. > CEQ-19-0173-A-000051 1 C EQ050FY 18091 _ 000002767 > Expand the CEs for rail projects to include the CEs applicable to other modes and to incorporate other suggestions from public collllllenters. > > AAR > > FRA > > RRJF Cohorts > > The Railroad Rehabilitation and Improvement Financing (RRIF) program collects credit risk premium s (CRPs) from borrow ers to offset the risk of direct loans. A CRP is a surcharge based on a borrower's creditworthiness. DOT is required to refund CRPs, minus any losses, when all of the loans in a cohort are repaid . The problem is that, over the life of the RRIF program , DOT has failed to define a cohort , so no borrower has received a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than definin g cohort as all loans in a fiscal year , a definition consistent with regulations and legislative intent, DOT's failure to act has implied a single cohort of all RRJF loans - a legally dubious outcome hannful to reinvestment. Thus , despite repay ing their loan s, and receiving their loans in fiscal years u1which all other borrowers have repaid , several railroads - mostly small businesses - have had their CRPs tied up at DOT. With a fiscal year cohort definition , over $ 15 million in CRPs would eligible for refunds and another $25 million in CRPs would be eligible in a shorter period of time. > > 45 U.S.C. 822, prior 10 enactment of the FAST Act. (Note: the loan s eligible for a refund were provided prior to the FAST Act, which eliminated this requirement going forward.) > > Define RRIF cohorts on a fiscal year basis , facilitating refunds and enabling private capital reinvestment. > > Chambers, Conlon & Hartwell , on behalfofNRCMA and ASLRRA > > FRA > > Section 106 Exemption for Railroad Projects > > The FAST Act directed the FRA to propose , and the Advisory Council on Historic Preservation (ACHP) to fmalize , an exemption from Section 106 review for railroad projects that is similar to the exemption granted for highway projects u12005. Section 106 is a historic perseveration consultation and analysis process. While FRA has developed its proposal , the ACHP is yet to finalize its exemption , whic h is due no later than June 2017. Though ACHP is an independent agency , and it bas not yet missed any statutory deadline , industry states the finalization of this exemption would be one of the FAST Act's most important provisions to acce lerate the delivery of rail infrastructur e projects. > > 49 U.S.C. 24202 > > Work with the ACHP to finalize the Section I 06 exempt ion for railroad projects > > AAR , BNSF Railway > > FRA > > Advance acquis ition > > For some types of projects , the Moving Ahead for Progress in the 21st Century Act (MAP-21) allowed , with vario us conditions , the acquisition of certain property interests prior to the completion of the National Environmental Policy Act review for the fuJl project. This authority expedites property acquisit.ion that is often essential for project development , saving time and money. However , it applies to projects under Title 23 , such as highway projects , but not railroad pr~jects tmder Title 49. > > CEQ-19-0173-A-000052 2 CEQ050FY18091_000002767 > 23 u.s.c.108 > > Apply modified and expanded version of the advance acquis ition framework to rail projects . > > Amtrak > > > > Patrick Fuchs 1-- > > From: Fuchs , Patrick (Commerce) > Sent: Thursday , May 18, 2017 6:13 PM > To: 'Herrgott, Alex H. EOP/CEQ' > Su~ject: FW: DOT Request: NEC infrastructure proposa l > > > Some ideas for the buckets I mentioned (some of which are wild , some of which I don't necessarily support) -> > > > I. > RRIF (about $30 billion in unused Joan authority): > > >* > > Loan tenns. You could extend the potential loan tenn window from 35 to 50 years. (45 USC 822g) > Master credit agreements. You could amend the master credit agreement subsection (45 USC 822111),so >* that the trigger for payback of each of the loans in the master credit agreeme nt is five years from the date of substimtial completion of the last project in the agreement Right now, under 822j, it's the date of substantial completion of the project, not the last project in an agreement. This is a bit wild and out there, and I'm not sure I fully agree with it. But let's say you financed some of Gateway with a RRIF loan master credit agreement that included the tunnels and the station . Under this, the loan wouldn't pay back until the last project (the station) was complete. You might finish the tunnels in 2022 and the station in 2027, so your payback for both starts in 2032. On some level, this makes sense, because you don't get the foll operational benefits (going from two to four tracks in NYC) until all projects are complete. It would be a huge boon to big related projects to essentially delay paymen t until many years down the line. > > > >* Enviro/procurement law. As you know, a big hurdle for the program is tihe applicability of NEPA, Buy America , and other Federal procuremen t laws. The NEPA process generally must be complete before consideration of a loan. Understanding that you may not be able to do anything on Buy America. it may be good if the loans were treated more like private sector money for the purposes of environmenta l and other procurement law. > > > >* > > CRP funding . I think you already hit on subsidizing credit risk premiums for RRIF loans . > >* Loan guaramees at the lender level. Many folks on our side won't like this. but some people have suggested using the loan guarantee aspect of RRIF more often. If you were to get wild, you could use the loan guarantee to back approved rail lenders, who would then provide Federally-backed loans. You could focus on the CEQ-19-0173-A-000053 3 CEQ050FY18091_000002767 lender and set requirementsfor the lender, instead of a Federal decisionon each loan. This would eliminatesome of the hassle of going through U1eFederal process, and it is similar to bow some other agenciessubsidize loans. > > > > 2. > > > >* Amtrak (about $1.4 billion) Long distanceroute corridors. We spend about $700 million on long distance route (over 750 miles), and states pay-in almostnothing. It's about half of the total Amtrak subsidy,and it's only 15 percent of riders. Meanwhile,state-supportedroutes (under 750 miles) are halftbe riders, and the Federal governmentpays very little. You could set-up Jongdistanceroute corridors(all the states in a route) and require benefitingstates to pay-in 50 percent to fond their long distanceroutes. This would draw-in more money to the system. If you wanted to, you could provide an out, so states along a route could vote to receive block grants for investmentinsteadof long distance service. We'd need to think through the federal ism issues. > > > Intercitypassengern·ansportationgrants. Instead of the $700 million on long distance service, you could >* block grant it with state/localmatch requirements. Statesmay choose to subsidize bus serviceand serve more people. As I have mentionedto you before, you'd need to allocatesome of the money to pay labor severanceand other transitionalcosts. > > > >* Competition. You could issue the final rule allowingalternativepassengerrail carriers (e.g., Herzog) ro competefor Amtrak long distanceroutes if U1eycan provide the same level of service for 90 percent of the costs or less. > > > > 3. > > > >* Grantprograms (about $98 million) Federal-statepartnershipmatch. Shnster'sbill bad the Federal match at 50 percent, and the final bill bad it percent. Considering t11atAmtrak would be matching, and could draw money in from commuterrailroads (indirectlyor directly), I suppose a 50 percent match could leveragemore investment. This is small ball though - the program is $25 million, and it's probablynot worth any questionsfrom tbose in the NE. 80 > > > > 4. Tax > > > >* 45G. As discussed,you could make this permanent. > > > > > > PatrickFuchs > > 1....- CEQ-19-0173-A-000054 4 CEQ050FY18091_000002767 > > > > -----OriginalMessage----> From: Fuchs, Patrick(Commerce) > Sent: Thursday, May 18, 2017 5:25 PM > To: 'Herrgott, Alex H. EOP/CEQ' > Subject:RE: DOT Request: NEC in:frastmctureproposal > > > > Attached > > > I- > Patrick Fuchs > > > > -----Original Message----> > From: Herrgott,Alex H. EOP/CEQ > > Sent: Thursday, May 18,2017 4:54 PM > > To: Fuchs, Patrick (Commerce) > > > Subject:FW: DOT Request: NEC infrastructureproposal > > > > Give me a shout > > > > -----Original Message----> > From: Herrgott, Alex H. EOP/CEQ > > Sent: Thursday, May 18, 2017 4:51 PM > > To: 'Deci, Jen (Banking)'> > > Subject:FW: DOT Request: NEC infrastructureproposal > > > > > > > > -----Original Message----> > From: Herrgott,Alex H. EOP/CEQ CEQ-19-0173-A-000055 5 CEQ050FY18091_000002767 > > Sent: Thursday , May 18, 2017 4:34 PM > > To: 'j.ray@dot.gov ' ~j.ray@dot.gov > Subject: DOT Request: NEC infrastructure proposal > > > > > > Jimmy , > > > > I need you give me a shout about this. We need help building out context for these sections and really need this to be done by COB Monday. > > > > We may need to have a bill ready to go by end of next week. > > > > > > For each of the bulleted items in Title 11, we need you to build out tbe explanation of your proposal so tliat tbe existing problem and the proposed solution are clear. 1n the explanation, you should briefly identify tbe law or program as it currently exists; identify the problem (or missed opportun ity) that tl1is creates; and explain bow we propose to fix it. The explanations should be short, but should provide enough context so that anyone read ing it can w1derstand why t11eproposal is needed and what it will solve or accomplish. A template you could follow is: > > > >* > > Proposal title or description * The current law is ________ _ * This creates a problem because ________ * Doing ______________ > > _ > > will address this problem. > > > > For example: > > > >* > Eliminate Major Projec 1oversight requirements for projects that are more routine for FHW A and DOTs. > o Currently , Major Project oversight requirements apply to all projects that are over $500 million. > > 0 This adds mmeccssary oversight requirements to projects that are routin e for FHW A and DOTs. > > o Amending 23 U.S.C. 106(11)to raise the threshold for Major Projects from $500M to $ IB will remove um1ecessary oversight from smaller , less complex projects that are routinely managed by FHW A and DOTs. CEQ-19-0173-A-000056 6 CEQ050FY18091_000002767 > > > > This fonnat doesn't need to be followed exactly, but each proposal should have enough explanation to make clear what currently exists today and how we propose to change it to make it better. > > > > Alex > > > > > > > > Alexander Herrgott > > Associate Director for Infrastrncture > > Council on EnvironmentalQuality ·~ > > > > CEQ-19-0173-A-000057 7 C EQ050FY18091 _000002767 Advice From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn =recipients/cn=c7 ce 1ebaef28486db7e75a45c19c9813 -herrgott, a"> To: christian_brose@armed -services.senate.gov Date: Sat, 20 May 2017 17:50:39 -0400 Hey Chris, I left lnhofe last month, helping to write the new infrastructure package, among other th ings. I need help with a Mi litary detaille request for t he National Economic Council. A younger person in their 20's that can fulfill a junior level substantive role, but assist us in an administrative capacity. Can you point me in right direction if you would. Thanks and hope all is well. Mob ile --Hope all is well Alex Alexande r Herrgott Associate Director for Infrastructure Council on Environmental Quality --- CEQ-19-0173-A-000058 1 C EQ050FY 18091_000000175 For TodaysCall From "Herrgott, Alex H. EOP /CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn =recipients/cn=c7 ce 1ebaef28486db7e75a45c19c9813 -herrgott, a"> To: Date: "Ueland , Eric (Budget)" , kelsie_wendelberger@budget.senate.gov Mon, 22 May 2017 10:25:15 -0400 Eric and Kelsie, For today's call so you can do some thinking, the key issue for enabling P3 is actually the scoring of ava ilability payments. In order for these to work they need to be scored as an operating cost, instead of as a capital cost under Circular A-11. There's an argument to be made that accounting standards have evolved and as such, civil works projects should not fall under the current scoring guidelines for privately financed infras tructur e (which are geared towards real estate leasing). According to th is line of reasoning, P3 for civil works projects could be scored on a ris k-rew ard basis (as opposed to apply ing the control methodology), as is done in Europe and Canada. This may be too large a pill for 0MB to swa llow quick ly {CBO would li kely be more resistant), so an alternative approach might be request 0MB approval for directed scoring under a risk -based methodology for pilot projects under SEP'sauthorized in an infrastructure bill. This cou ld allow billions of new investment across multiple institutions. Talk soon Alex ander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-19-0173-A-000059 1 CEQ050FY 18091_000000134 Re: $25 billion? From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn =recipients/cn=c7 ce 1ebaef28486db7e75a45c19c9813 -herrgott, a"> To: "Arnakis, Adrian (Commerce)" Date: Fri, 09 Jun 2017 10:10:53 -0400 J'm bere in back with cbao. Sent from my jphone > On Jun 9, 2017 , at 9:57 AM, Arnakis, Adrian (Commerce) v\-TOte: > > Ok, are you going to be at DOT? If so, I will see you there. > > -----Original Message----> From: Herrgott, Alex H. EOP/CEQ > Sent: Friday, June 9, 20 17 9:50 AM > To: Arnakis, Adrian (Commerce) > Subject: Re: $25 billion? > > I'll call you about yolt about this today. Not accurate. > > Sent from my iPhone > > On Jun 9, 2017 , at 9:49 AM, Aruakis, Adrian (Commerce) > wrote: > > Looks like our piece of the pie got smaller..... > > https://www.whitehm1se.gov/hiog/20 I 7/06/08/president-tmmps-plan-rehuild-:-i mericas-infr:-istn1cture > > CEQ-19-0173-A-000060 1 CEQ050FY 18091 _ 000000088 Re: $25 billion? From: "Arnakis, Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 09 Jun 2017 10:36:55 -0400 We are trying to find seats. -------- Original message -------From: "Herrgott, Alex H. EOP/CEQ" Date: 6/9/ 17 10:12 AM (GMT-05:00) To: "Amakis, Adrian (Commerce)" Subject: Re: $25 billion? I'm here in back with chao. Sent from my iPhone > Ou Jun 9, 2017, at 9:57 AM, Aruakis, Adrian (Commerce) wrote: > > Ok, are you going to be at DOT? If so, I wi.11 see you there. > > -----OriginalMessage----> From: Herrgott, Alex H. EOP/CEQ > Sent: Friday, June 9, 2017 9:50 AM > To: Arnakis, Adrian (Commerce) > Subject: Re: $25 billion? > > I'll call you about you about this today. Not accurate. > > Sen! from my iPhone > > On Jun 9, 2017, at 9:49 AM, Arnakis, Adrian (Commerce) > wrote: > > Looks like our piece of the pie got smaller..... > > https://www.whitehouse.gov/blog/20I 7/06/08/president-trumps-plan-rebuild-americas-infrastmclure > > CEQ-19-0173-A-000061 1 CEQ050FY18091_000002639 Re: $25 billion? From: To: "Arnakis, Adrian (Commerce)" Date: Fri, 09 Jun 2017 10:10:52-0400 I'm here in back with chao. Sent from my iPhoue > On Juo 9, 2017, at 9:57 AM, Arnakis,Adrian (Commerce) wrote: > > Ok, are you going to be at DOT? If so, I w ill see you there. > > -----OriginalMessage----> From: Herrgott, Alex H. EOP/CEQ > Sent: Friday, June 9, 2017 9:50 AM > To: Arnakis,Adrian (Commerce) > Subject:Re: $25 billion? > > I'll call you about you about this today. Not accurate. > > Sen!from my iPhone > > On Jun 9, 2017, al 9:49 AM, Arnakis,Adrian (Commerce) > wrote: > > Looks like our piece of the pie got smaller..... > > https://www.whitehouse.gov/blog/2017/06/08/presideut-trumps-plan-rebuild-arnericas-infrastructure > > CEQ-19-0173-A-000062 1 CEQ050FY18091_000002756 FW: CEQ ArmyCorpstreamlining ideas "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange admin istrative group From: (fydibohf23spdlt)/cn=recipients/cn=c 7ce1ebaef28486db 7 e 75a45c19c9813-herrgott, a"> To: luke_holland@inhofe.senate.gov Date: Wed, 14 Jun 2017 15:51 :01 -0400 Attachments Permitting buckets.docx (26.79 kB) ; 2017-06 -09 Strateg ies for Streamlining Project Development.docx (20.7 1 kB); Regulatory Reforms Outline.docx (18.02 kB); Div. B -DOT components (DOT Response 2017 -05-22T1715).docx (63.7 kB) Luke, this is how I have been setting things up. (1)-Perm itting buckets: This is the is the format of our working CEQdocument to be inclu ded in the larger, which we wi ll need to expand on with bullet points under each pursuant to the temp late at the bottom, wh ich I could use your help on . I know you are traveling, and I wish we have connected earlier, but I need to have some by COBThursday. (2) DOI stream lin ing idea I have aggregated from project sponsors and ideas we have generated here at CEQ. This still isn't in right templa t e but just anothe r example of some fo the ideas. (3) An Army Corps regulatory reform document we received from a very smart person on th is email. (4) Example of what DOT subm itted on the funding and fi nance statutory side, which is what helped build out what our pr inciples documen t wi ll look like. Helpful just to scan. Templatefor how we would like to presentthe projectdelivery/permittingprovisionsin our principles document. For each of the bulleted items in Title II, we need you to bu ild out the explanation of your proposa l so that the existing problem and the proposed solut ion are clear. In the explanation , you shou ld brie fly identify the law or program as it currently exists; identify the problem (or missed opportunity) that thi s creat es; and explain how we propose to fix it . The explanations shou ld be short , but should provide enough conte xt so that anyone reading it can understand w hy the proposal is needed and wha t it will solve or accomplish. A te mpla t e you could follow is: * Proposal tit le or description The current law is ________ _ * This creates a problem because ________ * Doing * _ will address this problem . For example: CEQ-19-0173-A-000063 1 CEQ050FY 18091 _ 000000068 * Eliminate Major Project oversight requirements for projects that are more routine for FHWA and DOTs. Currently, M ajor Project oversight requirements apply to all projects that are over 0 $500 million. This adds unnecessary oversight requ iremen t s to projects that are routine for FHWA 0 and DOTs. o Amending 23 U.S.C. 106(h) to raise the threshold for Major Projects from $S00M to $18 will remove unnecessary oversight from smaller , less complex projects that are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal shou ld have enough explanation to make clear what currently exists today and how we propose to change it to make it bette r. Thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-19-0173-A-000064 2 CEQ050FY18091_000000068 DIVISION C - PERMITTING TITLE I - FEDERAL ROLE Subtitle A --Reducing Inefficiencies in Environmental Reviews • • • • • • • • • • • • • Statutory delegations of resource agency decisions to Federal lead agencies for one Federal decision. (PCC) Add a new section allowing for advance acquisition and preserva tion of rail corridors Allow FHWA NEPA requirements to satisfy Federal Land Management Agencies NEPA requirements. Amend 23 U.S.C. 168 (d) remove the following "and, if the planning product is necessary for a cooperating agency to issue a permit , review, or approval for the project , with the concurrence of the cooperating agency". Require permitting agencies involved in the review of transportation project s to use the purpose and need and range of alternatives generated by the USDOT lead agency. Require agencies to defer to FLMA for decisions impactin g FLMA-managed lands (DOI new) Allow early acquisition of real property in advance of completion of NEPA. Amend 23 USC J 09(i) to state that the FHWA will identify project activities that are unlikely to result in noise impacts and exempt them from noise analysis. Revise the Treatment of Project s requirement for projects that are not located within the right-of-way of a Federal-aid highway. Revise 23 USC 133(i) or add a general provision in law to cover any funding. Repeal Section 309 of the Clean Air Act that requires that all NEPA environmenta l impact statements are reviewed and commented on by the EPA. Titles 23 and 49 could be amended to provide authority for recipients of formula grants providing more than IOpercent of the project funding to certify that they will comply with all Federa l statutory requirements and be permitted to proceed without further approvals. The NEPA assignment application and audit processes are burdensome and complicated. In addition , clarification and/or expansion of the authorities that may be assigned to the states are needed to fully achieve the project delivery streamlining benefits through NEPA assignment. Simplify the assignment application process. Clarify that all aspects of 23 CFR 772 are included in the NEPA Ass ignment program. ; Allow states to assume all or part of the responsibilities ofUSDOT with respect to engineering and other activities related to environmental review, consultation , permitting or other action required under any Federal Environmental law for review or approva l of a specific project. ; Clarify that under the NEPA Assignment program , States may assume USDOT's responsibilities in USCG Bridge Perm it determinations and related consultation ; 23 CFR 144(c) and 23 CFR 650 Subpart H. ;Under Assignment , a State' s Public Involvement Procedures should not require USDOT/FHW A approval as required in 23 CFR 771.111 (h).; States with assumption should be solely responsible for the development of their policies , guidance and procedure s so long as Federal Laws and USDOT requirements and !:,'1.lidan ce are met. Under 23 USC 327, States may assume , by written agreement , responsibilities of the U.S. Department of Transportation under NEPA and related federal laws for surface CEQ-19-0173-A-000065 CEQ050FY 18091_ 000000069 • • • • • • • transportation projects. This statute excludes from assignment FHWA ' s authority to make project level air quality conformity determinations under the Clean Air Act. This provision should be amended to allow the assignment of project-level conformity determinations. FHWA has recently sought to exclude from full NEPA assignment certain determinations regarding floodplains protection and noise policies on the ground that these determinations involve engineering issues. Engineering considerations are an inherent part of any alternatives analysis, including the alternatives analyses conducted as part of compliance with NEPA and Section 4(t). States should be allowed to assume responsibi lity for any determinations normally made by FHW A as part of the NEPA process , even if those determinations involve considerat ion of engineering issues. The FAST act requires lead agencies to establish project schedules for the completion of the environmental review processes for environmental impact statements and environmental assessments after consultation with and the concurrence of each participating agency for the project ; MAP-21 made development of these project schedules optional. FAST also requires concurrence of participating agencies for changes to project schedules. Environmental processes are only one of many components in project schedules. Establish that only the environmenta l portion of the schedule needs participating agency concurrence, coordination plans need only contain major project milestones and may contain deadline ranges , schedule changes require the concurrence of only the affected federal agencies , not all participating agencies , and deadlines be set for agency responses; lack of response indicates concurrence. This would require amending 23 USC 139(g). The LWCF should be amended to create a de minimis exemption for certain 6(f) actions with self-determination by States, provide flexible mitigation measures rather than requiring land acquisition , and limit L WCF coverage to only the actual investments made with LWCF funds. This would require amending 54 USC 2003. Amend 23 USC 168 to ens1.trethat the statutory authority provided to adopt p lanning decisions in the NEPA process includes all of the flexibility previously provided in the planning regulations (23 CFR 450 Append ix A). Develop mitigation banks for statewide resource mitigation (wetlands , habitat , cultural resources) - encourage funding tools that benefit future assessments and streamline projects overall (broader; reward for performance) Require non-land managing agencies (such as DOT and FERC) that are the NEPA lead for a proposed project to defer to the land managing agencies that have to make a decision to authorize an action on lands they manage in the development of alternatives and the studies developed to address potential impacts on the resource they manage. This would potentially eliminate the need for supplemental NEPA for the land managing agency to make a legally defensible decision and allow all agencies to make their final decisions based on the same environmental document. Recommend to amend 23 U.S.C., Section 139 to designate the FLMA as the lead agency for NEPA for any infrastructure project using 23 U.S.C. funds and constructed on that FLMA property , and clarify that the Lead Federal Agency 's NEPA compliance requirements would take precedence. CEQ-19-0173-A-000066 2 CEQ050FY 18091 _ 000000069 • • • • • • • Authorize CEQ to establish an alternative decision-making process based on negotiated mitigation agreements and supporting mitigation markets that address antic ipated project impacts (PCC) Create an expedited process for enhanced mitigation banking (PCC) Authorize 0MB to impose penalties on Federal agencies who fail to meet their schedules (PCC) Provide additional credits for mitigation banks which outperform (Principles) Allow for greater fungibility of mitigation credits (Principles) Require DOT and USACE to track projects on the FMISC dashboard (Principles) Establish NEPA Government-wide Categor ical Exclusions (DOI new) Subtitle B -- Protecting Clean Water • • • • • • Allow Federal agencies to select and utilize Nationwide Permits (NWP) on their own projects to streamline the project permitting process. Rescinding the 1979 DOJ Civiletti Opinion which detennined that US EPA would have the ultimate authority for determining Federal jurisdiction under the Clean Water Act. In addition to rescinding this opinion , changes to the Clean Water Act wou ld be needed to make Corps the sole decision-maker for 404 decisions . Reduce/revise current Navigational Clearances for Bridges regulation (23 CFR 650, subpart H) to clarify the requirements and exemptions for a U.S. Coast Guard (USCG) permit for highway bridge projects over navigable waters. Amend CWA Section 404(c) [eliminating EPA 's authority to veto a 404 permit] and - as needed - direct EPA to revise its "unacceptable adverse effect" regulations. Making 404 Permits not contingent on State approvals (PCC) Reform State roles in 40 l certifications (PCC) Subtitle C - Protecting Clean Air • • Add a clarification to 42 USC 7506 that a conformity determination only needs to be based on the most recent National Ambient Air Quality Standards for any poll utant , and that it does not also need to be made on older NAAQSs for the same pollutant even when the older standard has not been officially revoked. Require that when a NAAQS new standard is established , MPOs only need to conform to the most recent standard. This would require an amendment to 42 USC 7506. Subtitle D -- Protecting Species and Habitats • • The Endangered Species Act is both important and controversial. Prior attempts to modernize the 1973 ESA have failed. However , there are emerging a set of moderate, thoughtful , and experienced-based efforts that have resulted in proposals that may be able to form a basis for true modernization that could possibly be enacted into law. (DOE to flush out) Amend 16 USC 1536 (ESA) to allow activities taken under Section 7(a)(l) to be considered as the basis for meeting requirements under Section 7(a)(2) . CEQ-19-0173-A-000067 3 CEQ050FY 18091_ 000000069 • • • • • • • • • Amend 16 USC 1533 to require recovery plans: be develope d and in effect prior to a species being listed ; include specific goals and acceptable mitigation tools and survey protocols; be developed in coordination with stakeholders. Changes to Marine Mammal Protection Act: NOAA is looking at whether changes to the statutory standard in the MMPA regarding "effects" could be clarified in a manner that provides greater certainty to applicants and allows NOAA to better and more appropriately characterize potential impacts to marine mammals associated with projects. Changes to Marine Mammal Protection Act: NOAA would propose to remove the "small numbers " requirement in incidental take authorizations. Changes to Marine Mammal Protection Act: NOAA would propose to remove the 5year limitation on incidental take authorizations under section IOI (a)(5)(A) Changes to Marine Mammal Protection Act: NOAA would propose to remove the "specified geogra phical region" requirement in incidental take author izations. Changes to Marine Mammal Protection Act: NOAA would propose to increase the maximum time period for an incidental harassme nt authorization (IHA) to two years Congress should make clear that requirements established under a biological opinion (Bi Op) , do not trigger NEPA in order to implement actions called for under the BiOp. Authorize USFW A/NOAA to issue incidental take as part of infonnal consultation (PCC) Establishing through legislation that implementation ofRPAs (and associated Terms and Conditions) are non-discretionary actions (as detennined by the action agency) required to comply with ESA would streamline the regulatory process under both NEPA and ESA (DOI new) Subtitle E -- Publically Owned Land and Historic Properties • • • • • Replace "effect" with "significant effects" in the statute , defining "significant effects" as having, at a minimum , "physical interaction with a historic resource" and setting a threshold of "potential significant effects" for Section 106 consultat ion. (or consider adding in deminis standard, per meeting with ACHP and DOT) Eliminate duplicative 4frequirements to streamline the project development proces s. We propose to clarify MAP-21 language and spec ify that 4f exemptions apply to all public roads owned by eligible FLMAs in lieu of cttrrent language that states 4f applies to public roads solely on FLMA's national FLTP inventory. The intent of the 4f exemption in MAP-21 was to extend the exemption from the NPS to all pertinent FLMAs for all public roads under their purview that use 23USC funds for improvements whether they are on the FL TP inventory or not. We currently ask the federal owner to go through the 4f process for facilities under their purview. The FLMA land owners already approved the road improvement based on their submission of their program of projects, so completing a second 4f evaluation is duplicative. Remove DOI, DOA and HUD review for individual 4(f) evaluation s. This would require amending 49 USC 303 and 23 CFR 774.S(a). Repeal 23 USC 138(c) (FAST ACT 1301) and replace with simplified language allowing DOT to use the Section I 06 process to also meet its obligations under Section 4(f) for certain historic sites. Eliminate historic resources from Section 4(f) of the DOT Act. Historic resource s are addressed under Section I 06. CEQ-19-0173-A-000068 4 CEQ050FY 18091 _ 000000069 • • • • • • Amend 6(f) (54 USC 2003) to create a de minimis exemption and limit detem1ination to only property purchased w ith LWCF funds Modify Section 111 NHPA Outleasing Authorit y to remove reference to "projected use." NHPA authority allows VA to make historic prop erty (and eligible properties) availab le for long term third party reuse or excha nge. If VA finds the historic real estate isn't needed for "curren t or proje cted agency purposes ," as an alternative to transfer und er NHP A Section 111, they may lease the proper ty (or excha nge it with any person or organization with comparable historic property) if the agency determines that the lease or exchange will adequately ensure the preservation of the historic property. Removing the "projected use" reference make s more properties viable for reuse today and reduces unnecessary physical plant operational risk, as many VA-owned properties could be unus ed/underutilized today but suitable for future potential use that is contingent on factors that are TBD. Require ACH P to issue guidance to encourage and simplify NHP A programmatic agreemen ts (regional , Project-scale , similar activities) with all permitting actions and associated compliance actions and pro cedures articulated within the stipu lations. Eliminate "conversion requirem ents" in 36 CFR 59.3 when land purchased with Land & Water Conservatio n Fund money is impacted. The FAA owns multiple parcels of property that are no longer in use for transportation purposes , and may be contaminated and cons idered "brownfield" sites. Any major Federal action on these brownfi eld sites, including selling or leasing them, requires FAA to evaluate the environ mental effects and engage the public through the NEPA process. Private deve lopers may have an interest in redeveloping these valuable properties , but may not fully understand the requirements of the NEPA review process or have sufficient resources to facilitate NEPA and other environmental permitting and review requiremen ts. Proj ect development on these sites could be encouraged by pro viding for expedited review or waiver from NEPA compliance ofFAA's action of selling or leasing the brownfie ld property. There are no exemptions or waivers for compliance with NEPA. However, a new expedited NEPA review or wa iver process for leasing FAA brownfield sites cou ld be modeled after the existing exemptions and waivers from other environmenta l statutes that curren tly can be used for activities that are in the interest of nationa l defense. Similar to these national security exem ptions from other environmental statutes, a process could be created to allow FAA to authorize the expedited NEPA review or grant the waiver upon a request and determination by the president that the expedited process or waiver is necessary in the param ount interest of the Un ited States. Esta blish blanket authori zation for Reclamation to transfer title to certa in Federallyowned facilities curre ntly operated by non-federal partners, who are the primary beneficiaries. Title to the facilities for which they have operation , maintenance , and replacement responsibilities will greatly facilitate these entities' ability to seek private financing for major rehabilitation and replacement needs, and give them greate r flexibility in setting operating criteria TITLE II-DELEGATION OF RESPONSIB ILITIES TO STATES CEQ-19-0173-A-000069 5 CEQ050FY 18091_ 000000069 • • • • • Issue broad authority for State/tribes to assume Federal environmental review and permitting responsibi lity without onerous application requirements. (PCC) Revise current delegation programs to eliminate requirements to waive 11th amendment sovereign immunity and eliminate onerous application and selectio n criteria as a prerequisite to delegation. (PCC) Currently , a State must obtain FHWA ' s approval to obligate funds for a specific project. This step is completed in order to actually draw down specific Federal funds so that the State can seek reimbursement from FHW A for actual costs incurred. This approva l is provided for a project on ly after FHW A determines that all applicable Federal requirements have been met. A new legislative authority should be provided to States that allow States to assume FHWA's responsib ilities for determining that all federal requirements have been met , without the need for an individual project-level obligation approval by FHW A. Currently , a State must obtain FHWA ' s authorization to pro ceed before beginning work on any Federal-aid project , including an advanc e construction project. This authorization can be provided by FHW A for a project or a gro up of projects through or after the execution of a form al project agreement with the State , only afte r FHW A determines that all applicable Federal requirements have been met. States should be provided new legis lative authority to assume FHW A ' s responsib ilities for determining that all federa l requirements have been met prior to comm enceme nt of constrnction. Currently , there is no specific authorization in 23 USC 106 (or elsew here in Title 23) for States to assume FHWA's responsibilities for authorizing federally funded right-of-way acqui s itions. In adrution , FHWA's right -of-way regulations state that "as a condit ion of Federal funding under T itle 23 , the grantee shall obtain FHWA authorization in writing or electronica lly before proceeding with any rea l property acqu isition using title 23 funds , including early acquis ition s under §710.50 I (e) and hardsh ip acqu isitio n and protect ive buying under §710 .503 ." New legislative authority should be established for States to assume some or all ofFHWA 's responsibilities for approval of right-of-way acquisitions , subject to the same legal protections that currently apply to the right-of-way acquisition process. This would require an amendment to 23 USC l 08 which currently requi res FHW A authorization for early acquisitions. TITLE IV--RESOURCES FOR PERMITTING AND ENVIRONME NTAL REVIEWS • • • • Provide permitting agencies with streamli ned cost-recovery authority to enab le them to accept funds and/or staff from project spo nsors to support their dedicated review of permit applications and other environmental documents . Include appropriate controls for potential conflicts-of-interest and appropriate prioritization of project reviews. Broaden FP ISC fee collection authority for any projects tracked on the dashboard. Amend 49 U.S.C. 307 (FAST Act 13 12) to allow private entities to provide funding to support Federal agencies (inclu din g US DOT ), state agencies , and Indian tribes partic ipating in environmen tal planning and review processes. (wi th restrictions) Provide permitting agencies with streamlined cost-recovery authority to enab le them to accept funds and/or staff from project sponsors to support their dedicated review of CEQ-19-0173-A-000070 6 CEQ050FY 18091_ 000000069 • • • • • permit applications and other env ironmental documen ts. Include appropr iate controls for potential conflicts-of-interest and appropriate priorit ization of project reviews Propose legislation to obtain cost recovery authority. The legislation would clarify NOAA's ability to receive and expend funds from , and to engage in agreements with, external entities to carry out its responsibilities. These activities include, but are not limited to, scientific data collection and research that informs NOAA ' s decisions and utiliza tion of land and facilities to support NOAA's research and operational activities. Statutes include, but are not limited to, the ESA, MMP A, Magnuson-S tevens Fishery Conservation and Management Act, National Marine Sanctuaries Act, Oil Pollution Act, Tsunami Warning and Education Act, and Weather Service Organic Act. Provide legislative provisions to allow agencies the flexibility to streamline and expedite hiring of professionals to appropriately manage and deliver a robust constructio n program (FTEs, contracting specialist, Program/Project managers , etc.) Establish fee requirements for DOT projects that are tracked on the dashboard (PCC) Clarify fee structure and uses for FAST 41 projects (PCC) Amend Title 5 United States Code , Section 1302 to provide up to five years ofrelief from current Office of Personnel and Management hiring policies which inhibit staffing related to infrastructure and permitting. Similar to the legislative changes included in the American Recovery and Reconstruction Act that allowed for the focused and expedited hiring of details, temporary employees and retired annuitants to ramp up the construct ion delivery framework quickly and deliver projects on the groun d. (DOI new) TITLE V - PILOT PROGRAMS • • The current environmental review and permitting pro cess in the United States is fragmented , inefficient, and unpredictable. Over time, many Federal statutes have been enacted that impact the delivery of infrastructure projects. Application of these statutes is further complicated by conflictin g interpretations in numerous court decisions. While these statutes have important and laudable objectives, the lack of cohesiveness in the ir administration serve only to make the delivery of infrastructure projects more costly, unpr edictabl e and time consumin g, while adding little value to the environment. This Subtitle proposes severa l new pilo t programs that take a fresh approac h to addressing environmen tal concerns whi le delivering projects in a more timely and predictable way. America Fast Forward Pilot. Pilot Program to experiment with an 18-month Australian /Canadian process. CEQ will select up to 10 proje cts to part icipate in the program based on objective criteria. Eligible proj ects must be regionally and nati onally significant, over $500M , and ready to move forward. Projects also must demonstrate a comm itment to advanced mitigation, such as wetlands banking or conservation plans. Applicants will present their proj ect to CEQ along with information on preliminary plans to address environmenta l impacts and community concerns. Once selected, projec ts will move through an expedited 18-month environmental review process that is designed by CEQ in coordinat ion with other interested Federal Agenc ies. The project 's progress will be tracked on the Federal Penn itting Dashboard and overseen by the Federal Infrastructure Petmittin g Council. Selected projects also will receive financial incentives for initial pre-consultation and site assessment. CEQ-19-0173-A-000071 7 CEQ050FY 18091 _ 000000069 Performance Based Pilot. Pilot program to experiment with environmental perfonnance measures . Up to 10 projects will be selected to participate in the pilot based on project size (over $500M) , national or regional significance , and opportunities for environmental enhancements. Selected project sponsors will agree to design its project to meet performance standar ds and permitting parameters established by a lead federal agency . The lead federal agency will develop these standards with public input and in coordination with other federal agencies . The project sponsor ' s agreement to meet the performance standards and permitting parameters will be in lieu of complying with NEPA. The performance standa rds will result in design elements and enhanced mitigation that meet or go beyond what is needed to address the impacts of the project and to meet permit requirements. The pilot will support the goals and objectives of NEPA without being constrained by its procedural requirements . It will focus on good environmental outcomes rather than a lengthy environmental review process. • egotiated Mitigation Pilot. Pilot program to experiment w ith negotiation of mitigation to address environmenta l impacts . This pilot will permit the Secretary of Transportation (or other infrastructure agencies) to establish an alternative decision-making process based on negotiated mitigation agreements and supporting mitigation markets that address anticipated project impacts for a specific set of projects , such as identified highpriority transportation projects or projects obtaining financing through specific grant programs such as FASTLANE. Negot iated mitigation strategies could include purchase of offsets, avoidance of anticipated impacts, and/or fee-in-lieu dedicated to an advanced mitigation fund. Projects unable to successfully conclude the alternative process would continue to proceed to a decision under otherwise applicable Federal environmental processes. • Additional Experimental Authority. Agency experience in developin g infrastructure project s and implementing environmental laws give Agencies a unique window to identify requirements that impede the effective and efficient delivery of their project s or programs. A new legislative authority would be provided to federal infrastructure and environmenta l agencies to allow them to modify , on a trial basis, their own statutory or regulatory requirements to develop innovative practices to streamline project delivery and achieve better environmental outcomes. The innovative practice would include appropriate safeguards to ensure that environmental resources are protected. This authority could be modeled after the SEP-15 (special experime ntal projects) program current ly authorized in FHW A. TITLE VI - JUDICIAL REFORM • • • • • • • Replace "Hard Look " Doctrine with "Informed Look " Judicial Review only on actions classified as EIS No Judicial Review of Actions on Federal Lands No Judicial Review of Estab lishment of CEs Agency ROD only review in Federal Courts of Appeal Reduce the the limitation on review of a pem1it, license , or approval issued by a State from 2 years to 150 days. This would be consistent with the limitation on review for the Surface Transportation Project Delivery Program. CEQ-19-0173-A-000072 8 CEQ050FY 18091 _ 000000069 DIVISION WORKFORCE TRAINING 9 ESNSpecies • ESA § 10 does not work as intended because FWS incorrectly requires "intra -Service " §7 consultation before approving habitat conservation plans /issuing incidental take permits. Congress establ ished the §IO standards for HCPs in the statute; FWS's approach subjects HCPs to new standards and uses that to expand the scope ofHCPs beyond applicant ' s needs , increasing the timing by years and the cost by millions of dollars. o o • ESA listing decisions are increasing ly being issued so quickly with effective dates shortly thereafter that the Services (FWS/NMFS) don 't have time to prepare for implement ing them (e.g., no plan for conducting numerous §7 consultatio ns, no survey protocols , etc.) o • Solution: Establish an independent panel within the Serv ices , with formal opportunities for stakeholder comment , to evaluate and complete reviews of petitions to delist species under the statutory deadlines imposed under the ESA. The Services use informal Section 7 consultation to impose de facto requirements for avoidance and minimizat ion and mitigation on project proponents even where au information demonstrates that any species impacts will be slight. o • Solution: With the exception of species listed as endangered on an emergency basis , prohibit listing decisions from taking effect for 12 months following issuance of the final decision . During that time period , require the agency to develop specific guidance for implementing the listing decision , conducting programmatic Section 7 consultat ions , and identifying approved avoidance and minimization measures. There is ample evidence that some listed species have incorrectly remained listed for years after the best available science shows that they no longer warrant listing status . o • Solution: Amend§ 10 to make clear that §7 does not apply and that § 10 standards alone govern HCP development/ITP approval. Solution: Alternately , clarify via regulation from DOI Secretary or FWS Director. Solution: Prohibit the Services from recommending avoidance and minimization measures or mitigation in Section 7 consultation for activities absent a finding that the activity is likely to jeopardize the species or destroy /adversel y modif y critical habitat. The§ 10 HCP process takes years to complete and millions of dollars in part because FWS asserts that it lacks resources to adequately staff these projects . o Solution: Allow states to assume /request delegation of authority for carry ing out habitat conservation planning an.d issuing incidental take permits for intrastate activities. This would involve delegation of both ESA § 10 authority and related CEQ-19-0173-A-000074 CEQ050FY18091_000000070 NEPA authority. A potential model would be NEPA (and associated permitting) assignment by USDOT to states for transportation projects. • The Services ' resources are drained as a result of responding to/ litigating ESA citizen suits, taking money and staff away from their assigned responsibilities under the statute. o • FWS and EPA misinterpret the scope of the Migratory Bird Treaty Act ' s take prohibit ion to apply to incidental take of birds from commercial activities , rather than limiting it to intentional take , as the original treaties intended , resul ting in project delays , exorbitant mitigation requests , and the threat of criminal prosecution. o o o • Solution: Impose a numeric limitation on the number of citizen petitions for species listing decisions that the Services may consider each year that reflects their respective budgets. Solution: Amend the MBTA ' s definjtion of "take" to apply only to intentional take. Solution: Amend the MBTA to clarify that, because the statute doesn't include "harm" or "harass" as part of "take " definition , mitigation cannot be required for impacts to migratory birds from habitat modification. Alternatively , require that FWS adopt regulations to codify the above. Eagle Act and MBT A take permits are uncertain given need for renewal , which conflicts with the lengthy operationa l period intended for the project. o Solution: Legislatively expand the maximum term of take permits and minimize scope of any interim reviews by FWS. NEPA • While project proponents support the policy underlying the FAST Act, the lack of teeth for enforcing the timing provisions leaves the statute aspirational. Provisions from MAP21 permitting USDOT to penalize federal sister agencies have not been utilized and are practically difficult to implement. o • Solution: Incorporate an enforcement provision to secure the timing requirements of the statute. Make CEQ or another White House or independent entity the enforcing authority . FERC requires project-specific NEPA analysis of local and regional air impacts for energy projects subject to the Natural Gas Act. EPA, state , and local agencies already have performed extensive analyses to evaluate air quality, determi ne safe ambient levels , assess the impacts of various emissions sources on these ambient levels, and evaluate what level of emissions controls are available , cost-effective , and appropr iate for use, but FERC policy prevents them from utilizing those analyses , causing substantial project delays and added costs. CEQ-19-0173-A-000075 2 CEQ050FY18091_000000070 o • Solution: Instruct action agencies to rely on existing air analyses in NEPA documents when they are sufficient to ensure that the requ irements of the CAA are met. Some agency decisions are exempted from NEPA review to save time and prevent dup lication with agencies' substantive duties. But it is the exception more than the rule , even for action unlikely to significantly affect the quality of the human environment. Solution: Constra in the definition of "major federal action" as prut of NEPA trigger. Could be by size of project , projected level of impact, cost, or other metric. o Solution: Expressly exempt other permitting decisions common to infrastructure projects from NEPA and/or Section J 06 review , namely CW A Section 404 permits for which the Corps must already make a LEDPA determination. o • Disagreements often occur regarding the proper scope of NEPA review, particularly a resource agency ' s review for a larger project. For example , FWS often incorrectly attempts to act as a permitting agency during ESA consultation. o Solution: Expressly limit federal resource agency's NEPA analysis to aspects or geographic area of an action that the agency has authority to control. o Solution: Expressly exempt certain non-environmental considerat ions from NEPA review , such as traffic and user projections , tolling proceeds , and other economic factors. • Federal NEPA reviews and decision documents can be numerous , duplicative , and difficult to follow . o o • Even minor NEPA shortcomings found by a Court may lead to a lengthy and costly vacatur of a ROD and injunction of a project. This is particularly problematic with a P3. o o • Solution: Compel preparation of a single combined environmenta l analysis and decision document , or as few documents as possible , when multiple environmental requirements are triggered . Solution: Eliminate requirement across-the-board for 30-day period between Final EIS and Record of Decis ion. Solution: Legislatively narrow judic ial remedies for a found NEPA violation under the APA, or heighten the standard for vacating a ROD . For example, specify a presumption that the ROD remains in place absent extraordinary circumstances of significant and irreversible interim environmental harm. Solution: Specify that non-federal components of an approved project may continue in interim. Enact additional targeted statutory categorical exclusions . CEQ-19-0173-A-000076 3 CEQ050FY18091_000000070 Clean Air Act • Major New Source Review permitting is supposed to take one year but generally takes several years in part because the technology requires a case-by-case review. o o Solution: Amend the CAA to allow categorical exclusions from the case-by-case review requirement for certain common controls. Solution: Instruct EPA to issue an annua l list of "pre-appro ved"/ "presumptive ly approved" controls. If a control is on the list, it would be presumed acceptable absent the submission of demonstrable evide nce that a different control is better. Section 4(f) • Transportation projects that may affect Section 4(f) properties (public parks , recreational areas, wildlife and waterfowl refuges , and public or private historic sites eligible for listing) face a substantive limitation , and may be precluded altogether. Recent legislative and regulatory efforts have broadened de minimis option. o Solution: Repeal or further constrain the scope of Section 4(f). CEQ-19-0173-A-000077 4 CEQ050FY18091_000000070 Short-Term (Rulesand Regs) Section 106 of the Natio nal Historic Preservation Act with respect to Indian consultations, primarily 36 CFR Part 800 • Need clarity on what entails "historical land(s)". Some tribes are being consulted with on lands occupied several centuries ago rather than on existing reservat ions or that have near-term historical significance. [O&G pipelines in Louisiana). • Clarify definition of "undertaking" and make the definition equivalent to the Federal action; Currently advisory councils and SHPOswant Corps to take lead on who le project rathe r than where the USACEsolely has jurisdiction. • Reinstate a 2008 Rule or Executive Order issued by President George W. Bush and later rescinded by President Barack Obama that that mandated resou rces agencies stick to specific regu latory timelines. [need further background on this issue] Medium-Term (Processes and Funding) • Need firm initiation guidelines estab lished for Indian consultation within the USACESection 404 process, rather t han "as early in the process as possible" and establish better discretionary authority for USACEto dete rmine what applications/projects require an Indian consultation rather than on every single application (Apply w ith respect to Appendix C). • There are too many compensa t ory wetland methodologies used by t he 38 USACEDistricts (over 200). The District borders are arbitrary and in some cases create an economic disadvantage for doing business in area over another based on the methodology used. • Revisit and grossly overhaul the USACESection 408 process. Congress has made severa l signif icant reforms in the WIIN Act, but burdensome over-regulation still exists, particular ly w ith respect to "minor" and "major" 408 actions. • Align the alternatives analysis for USACESection 404 and NEPA, as t he current process is slowi ng progress down. • Make data more publically available and consultations more efficiently transferred between agencies of jurisdiction . • Mandate attendance by the requisite resource agencies during pre-application meetings with permit applicants and USACE. • Maximize programmatic consultations between the requisite resource agencies and USACE. CEQ-19-0173-A-000078 CEQ050 FY18091_000000071 • U.S. Attorney General Benjamin Civiletti wrote an opinion in 1979 concluding that EPA, not USACE,had ultimate authority to decide the CWA's jurisdiction, since EPAcarried most of the respons ibility for administering the statute. The Civiletti Opinion also concluded that EPA, rather than USACE,had the ultimate authority to decide the scope of the exemptions provided in Section 404(f). This opinion has created different interpretations between USACEand EPA on jurisdictional determinations and exemptions. Long-Term(Legislatively and Budgetary) • Fund the USACERegulatory Program higher than historical budgets of ~$200 million. Regulatory workload across the 38 USACEDistricts varies, but a lack of adequate funding prevents some Districts from hiring the necessary staff or meet performance measures to process permi t s in a timely fashion. Streamline the hiring process in certain District too - there should be uniformity in the hir ing process. • Rescind USACEand EPA narrow interpretation of the " Normal Farming Exemption" and the overbroad coverage of the "recapture" provision in the Clean Water Act. • Amend Section 404(q) of the CWA, which allows EPA, Commerce, and other agencies to elevated permit decisions within the Corps (to the ASACW). Need agreed-upon criteria for wha t constitutes an "Aquatic Resources of National Importance" and provide a mandated definition. • Strengthening timelines and making them mandatory under Section 8 of the Endangered Species Act ...."if no response in X days, then incidental take is deemed approved." Need same mandated timelines with Section 10 of the ESAwith respect to the USFWS. • Repeal the Paperwo rk Reduction Act, wh ich is currently having the opposite effect on reducing paperwork on USACEand requisite resou rce agencies. The paperwork process is too cumbersome between USACEand 0MB. Too many forms, t oo bureaucratic. USACEdoesn't care about what format the information is received from the public. • FASTAct, Title 41- This title contains process redundancies, no coord inated project plans other than vague timetables, and the "fee arrangement" is arbitrary, whereas the fees received are currently used to fund the Council when they should be sent to the agency handling the perm it . • Repeal the Chevron Deference Decision CEQ-19-0173-A-000079 2 CEQ050FY18091_000000071 CON "f ll) EN TIAL; D ELIBERA TIV•: ; NO T FOR RELEASE OR RE 0I ST RJBUTI ON Working group response to NEC / CEQ information request dated May 19, 2017. The following does not represe nt USDOT's endorsement of the points set forth in this document. DIVI SION B - INFRAS TRUCTURE IMPROVEMENTS TITLE I-TRANSPORTATION Subtitle A - Financing [A .03) Eliminate all prohibition s on tolling Federal-aid highways (and re-invest toll revenues in infrastructure). • In many circumstances, Federal law, including 23 U.S.C. 301, currently restricts States from tolling highways • This restrict ion forecloses what might otherwise serve as a major source of revenue for infrastructure investment. • Eliminating the genera l toll pro hibition i11 23 U.S.C. 30 I and allowing States to toll Interstates and other Federal-aid highways will generate revenues for States to invest in surface transportatio n infrastructure. [A.03A] Encourage public-pri vate partner ships (P3s), both brownfi eld and greenfield • Federa l law 49 U.S .C. 116 requires the Nationa l Surface Transportatio n and Innovative Finance Bureau (referred to as the Build America Bureau or the Bureau) to work with eligible entities and other public and private interests to develop and promote best practices for innovat ive financing and public-private partnersh ips (P3s). However, current Federal law does not provi de sufficient incentives for state governments , local governme nts, and other public sector agencies to consider P3s for transportation infrastructure. • This creates a prob lem because State, local, and public agency project sponsors are often unable or unwilling to make the initial investment for the due diligence (lega l, technical , financia l, etc.) that is required to develop a robust approach to P3 project screening and concept developme nt, so they are less likely to consider P3 as an feasible option for projects. As a result, these public sector project sponsors do not leverage private capital and private ingenuity for infrastruchtre , and the projects do not benefit from the discipline, timely delivery , and optimizat ion of valuable pub lic sector resources that can be delivered throug h a well-structured P3. • Th is problem can be addressed by Amending 23 U.S.C. 129 to establ ish a new exemption that would allow project sponso rs to implement tolling on existing highways if private investment via a P3 delivery method will be used to enhance the existing transportation infrastructure. (NOTE: While 23 U.S.C. genera lly prohibits tolling on highways that received federal aid, other exemptions from tolling restrict ions are located in 23 U.S.C. 129.) • Additional note: this proposal is not necessary if A.03 is included [A .03B] Reconcile with current law grandfath ered restrictions on use of highway toll revenues CONFIDENTIAL; D ELIBERATIVE; NOT FOR REL EASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000080 CEQ050 FY 18091_ 000000072 CON "fll)EN TIAL; D ELIBERA TIV•: ; NO T FOR RELEASE OR RE 0I ST RJBUTIO N • • • Toll facilities that received Federal approval under the Surface Transportation and Uniform Relocation Assistance Act of 1987 (STURRA) may use toll revenues only for the construction , reconstruction , operation , and debt service of the toll facility itself. Current law, however, allows other toll facilities to use toll revenues (in addition to the costs noted above) on other title 23 projects. The tighter restrictions , specific to the STURRA toll facilities, prevent some States from devoting existing toll revenues to other critica l highway projects . Adjusting the STURRA "use of revenues" provisions to align w ith current toll authorities would free these resources and allow other critical highway projects to go forward. [A.04A] Eliminate statutory cap on leve l of passenger facility charges (PFC) • The current law is 49 U.S.C. 40 117 (b)(l) and (4). • This creates a problem because PF C levels are set by statute at$ l.00, $2.00 , $3.00, $4.00, or $4.50 per enplaned passenger, thus limiting an airport ' s ability to fund needed development projects. Moreover, many airports have already committed their PFC revenues at the current level for many years into the future. • Removing the funding cap would improve the ability of airports to fund needed capita l development projects. • Additional note: We should note, however , the airline community is likely to greatly resist eliminating the cap because they argue increases to the PFC level impact their ticket-pricing flexibility. [A.04B] Eliminate the "significant contribution" standard for review of PFCs above $3.00 • The current law is 49 U.S.C. 40 117(b)(4)(A) . • This creates a problem because the significant contribution standard represents a challenge for airports and the FAA. While promoting a higher standard for projects funded at $4.00 or $4.50, it has become a highly compl icated issue. Many airports are able to collect at the $4.50 level strictly by packaging the right mix of projects to ensure that applications are approved at $4.50, limiting the effect iveness of the standard. E • liminating the significant contribution standard for PFCs above $3.00 will allow for greater flexibility in funding airport development as well as reducing bureaucracy and redundancy in the PFC process. [A.04C] Exten d stre amlin ed PFC process from non-bub airports to all hub sizes. • The current law is 49 U.S.C. 40 1 l 7(c), (d), and (I) . • At present , Small, Medium , and Large hub airports must provide extensive documentation in PFC applications to demonstrate the eligibi lity, ju stification , object ive, project costs, significant contribution (large and medium hubs) and other requirements. The stream lined non-h ub process requires greatly reduced information - primarily relating to just project descriptions and costs. This simplified system wou ld greatly reduce the burden of filing a PFC application for larger airports. • Extending the stream lined PFC process to larger airports will allow these airports to more readily fund needed develop ment as we ll as reducing bureaucracy in the PFC process . (It CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJ of [ANPJ CEQ-19-0173-A-000081 2 CEQ050FY 18091 _ 000000072 CON "fll)ENTIAL; D ELIBERA TIV•: ; NOT FOR RELEASE OR RE 0I ST RJBUTIO N is important to note, however , that the airlines are likely to resist this as an across-theboard change , because they tend to want FAA oversight of the development projects supported by PFCs. The airlines might be more comfortable with expanding it to the Small hubs, or perhaps Small and Medium hubs.) [A.04O] Permit large airports to opt out of the Airport Improvement Program (AIP) program in return for increases on PFCs • The current law is 49 U.S .C . 40 117 and 49 U.S.C. Chapter 471. • At present , Large and Medium hub airports already give up 75% of their AIP Entitlement funds if they impose a PFC. • Depending upon the actual revised limit, an increase in the maximum PFC rate wou ld enable most Large and Medium hubs to give up their remaining AIP Entitlement funds and still have a net increase--in some cases a very significant net increase in annual capital funding sources. Moreover , many airports can issue long-tenn debt based on future PFC revenues. By permitting large airports to opt out of AJP, these airports enhance their revenue generating potential to be ab le to fund projects sooner. [A.07A) Broaden eligibility of private-activity bonds (PABs) • Currently, 26 U.S.C. 142 includ es a limited list of exempt facilities eligible to be financed with tax-exempt bonds. Additionally, different categories of exempt facilities are subject to varying requirements , which restricts their usefulness. • This creates a problem because it limits the potential financing tools that can be used to facilitate public-private partnerships (P3s) , both for a wide variety of transportation projects and other public-purpose infrastructure projects , such as social infrastructure . • Amending 26 U.S.C. 142 to allow broader categories of public-purpose infrastruct ure, including for reconstmction projects , to take advantage of PABs would encourage more private investment in projects that benefit the public. Allowing privately financed infrastructure projects to benefit from similar tax-exempt financing as publicly financed infrastructure projects will make the P3 approach more attractive to the public and private sector alike. [A.07B] Eliminate or Raise volume cap on Private Activity Bonds for Qualified Highway or Surface Freight Transfer Facilities • Many P3s for transportation facilities described by 26 U.S.C. 142(m) have taken advantage of private activity bonds , which allow private sector developers to benefit from similar tax-exempt subsidies provided to public sector borrowers. The law establishes a nationwide volume cap of $15,000,000,000 for these projects , to be allocated by the Secretary of Transportation. • The existence of the cap creates uncertainty as to the availability of PABs in the future, as projects require long-lead times to develop , and no additional PABS may be issued for this type of facility once the cap has been exhausted. CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000082 3 CEQ050FY 18091_ 000000072 CON 'fll)ENTIAL; • D ELIBERA TIV• : ; NOT FOR RELEASE OR RE 0I STRJBUTIO N Amending 26 U.S.C. 142(m) to either raise the cap or eliminate it altogether will provide certainty that PABs will be available to a projec t sponsor as they develop and evaluate their project's financial strategy. (A.IO] Support airport public-private partnerships (P3s) through the establishment of a new TIFIAir program • The current Transportation Infrastructure Finance and Innovation Act (TlFIA) law limits project eligibi lity to those that are eligible for Federal assistance through existing surface transportation programs (highway projects and transit capital projects) , including intelligent transportation systems (ITS); international bridges and tunnels; intercity passenger bus and rail facilities and vehicles ; publicly owned freight rail facilities ; private facilities providing public benefit for highway users; intermodal freight transfer facilities; projects that provide access to such facilities; service improvements on or adjacent to the National Highway System; projects located within the boundary of a port termina l under certain condition s, projects to improve public infrastructure within walking distance of certain transit infrastructure ; and the capitalization of a rural projects fund. (23 U.S.C. 601). • This creates a problem because airport infrastructure enhancement and expans ion projects across the US do not have access to the credit assistance that is available via TIFIA for other types of transportation infrastructure projects , making it more difficult for project sponsors to pur sue P3s for airports and to implement critical airport infrastructure improvements. • Amend ing the project eligibility in the TIFIA statute (23 U.S.C. 601) to enable TIFIA to offer loans and other cred it assistance to airport projects , such as renovated or new passenger tenninals and related facilities , and to prioritize airport projects carried out through P3s , would incentivize P3s for airports and wou ld accelerate overa ll improvements in airport infrastructure . [A.11) Expand the Department's Railroad Rehabilitation and Improvement Financing (RRIF) program • The current RRIF law does not include the credit subsidy cost (credit risk premium ) as one of the eligible costs for RRIF financing. The current RR.IFlaw authorizes $35 billion as the maximum aggregate unpaid principal amounts of obligations under direct loans and loan guarantees made by the RRJF program. (45 U.S.C. 822) • The omission of the cred it risk premium as an eligible cost for RRTF financing creates a problem because project sponsors are required to pay the credit risk premium upfront to use RRIF financ ing for projects. The cost of the cred it risk premium is ofte n cited as one of the reasons that project sponsors, including those in the short-line freight rail and passenger rail sectors, are reluctant to pursue RRIF financing. • By amending 45 U.S.C. 822 to include the credit risk premium as one of the eligible costs for inclusion in a RRIF financing , US DOT would significantly lower the upfront costs of RRIF cred it assista nce. This would make RRIF a much more feasib le financing option for a larger number of project sponso rs, including many in the short-line freight rail and passenger rail sectors. CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000083 4 CEQ050FY 18091 _ 000000072 CON 'fll)EN TIAL; D ELIBERA TIV• : ; NO T FOR RELEASE OR RE 0I STRJBUTIO N • Additional note: this change could increase the demand for RRIF credit assistance to the point that statutory lending authority is strained. For this reason, it wou ld also be important to amend 45 U.S.C. 822 to authorize an additional $10 billion for RRIF (A.llA ] Subsidize RRIF for sho rt-line and passenger rail • The current RRIF law does not provide specific subsidies or incentives for either shortline rail or passenger rail projects. A subsidy is not currently provided to cover the cost of the RRIF credit risk premium, so the project sponsor is always required to pay that amount upfront. (45 U.S.C. 822) • The cost of the credit risk premium is often cited as one of the reasons that project sponsors , including those in the short-line freight rail and passenger rail sectors, are reluctant to pursue RRIF financing. • By amending 45 U.S .C. 822 to provide a subsidy to cover the RRIF credit risk premium for short-li ne freight and passenger rail project sponso rs, US DOT could incentivize more project sponsors to pursue RRIF credit assistance for projects. This in turn, wou ld leverage more state and local funds for rail infrastructure development [A.12) Allow (on a pilot basis) co mmerc ialization oflnterstat e rest areas. • Federa l law prohibits most commercial activity withi n the Interstate right-of-wayincluding at Interstate rest areas . • Severa l past attempts to amend 23 U.S.C. 111 to allow commercialization of rest areas have not been successful due to strong opposition from truck stop owners and other businesses which believe this would result in monopolies for busin esses located in rest areas. • Allowing a limited number of States to privatize, or otherwise comme rcialize, selecte d rest areas (and requiring the revenues to be reinvested in the corrido r in wh ich they are generated) will support new infrastmcture investment. Subtitle B - Highways [B.03) When a Fede ral land management agency (FLMAs) uses title 23 funds on a proje ct, allow the agency to use all of the contracting methods available to States under title 23 . • Title 23 authorizes State DOTs and local governmen ts to use a range of common ly-used project delivery methods (electronic bidding , bridge bundling , project bundling , constmction manager-general contracto r, etc.), but does not author ize federal land management agencies (FLMAs) to use these same methods-even when the FLMAs are deliver ing projects with title 23 funds. • This constrains FLMAs ' procurement options , which in some cases increases the cost or timeline for delivering Federa l lands highway projects. • Expanding to FLMAs all title 23 contracting methods (for projects funded with title 23 funds) would enable more efficient delivery of these projects (B.OSJ CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000084 5 CEQ050FY 18091_ 000000072 CON "f ll) EN TIAL; D ELIBERA TIV•: ; NO T FOR RELEASE OR RE 0I ST RJBUTI ON Raise the cost threshold for Major Project requirements to $1 billio n. • Currently, 23 U.S.C. 106(h) defines a Major Project as any project that rece ives Federal financial assistance and has a total project cost of $500 million or more. Financial plans and project management plans must be subm itted to FHW A for all Majo r Projects. • For projec ts that are routinely managed by FHW A and State DOTs , these requirements do very little to ensure the success of tl1eproject. Instead , the requ irements create an administrative burden that wastes resources and delays project delivery. • Amend ing 23 U.S.C. 106(h) to raise the threshold for Major Projects from $500 mi llion to$ l billion will remove unnecessary oversight requirements from smaller, less complex projects that are routinely managed by FHW A and State DOTs. [B.061 Simplif y the NEPA assignment application process and clarify responsibilities. • Currently , the application process for the Surface Transportation Project Delivery Program (23 U.S.C. 327) is extremely time-consuming and complicated, especially with regard to which responsibil ities are assignable to the States and which responsibi lities are not. • This creates a disince ntive for additional States to j oin the program. • Amending tl1eprogram to streamline the application process and clarify assignable responsibi lities wou ld provide time and cost savings and act as an incentive for additiona l States to joi n the NEPA assignment program. [B.07] Broad en existing authoriti es for NEPA assignment to States to include transportation conformi ty determinations. • Current Federal law for the Surface Transportation Project Delivery Progra m (23 U.S.C . 327(a)(2)(B)( iv)(II)) preve nts DOT from assigning, and States from assuming responsibi lity for, any confonnity detem1ination required under section 176 of the Clean Air Act (42 U.S .C. 7506). This is one of the few inalienable Federa l responsibilities under the NEPA assignment program. Tbjs inconsistency with regard to Federal responsibilities presents an additional time and • cost burden to the States currently within the program and acts as a disincent ive to others considering joining it. • Amend ing the NEPA assignment program to allow USDOT to assign , and allow States to assume , transportation conformity deternunatio n unde r the Clean A ir Act would provide additional time and cost savings to those States currently withi n tl1eprogram and having the technical capacity to make these determinations. Amending the program would also act as an incentive for States considering NEPA assignment. [B.081 Broaden NEPA assignment responsibilities to includ e engineering considerations. • Currently, States participating in the Surface Transportation Project Delivery Program (23 U.S.C. 327)are exc luded from assuming responsibi lities for determinat ions regarding floodplain protection and noise policies because these decisions require enginee ring considerations and are best left to FHW A and its expertise in this area. CONFIDENTIAL; D ELIBERATIVE; NOT FOR REL EASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000085 6 CEQ050 FY 18091_ 000000072 CON 'fll)ENTIAL; • • D ELIBERA TIV• : ; NOT FOR RELEASE OR RE 0I STRJBUTIO N This exclusion from full NEPA assignment adds additional time and cost , slows project delivery , and acts as a disincentive for additional States to participate in the NEPA assignment program. Amending Federal law to clarify and/or expand the responsibilities that are assignable , including engineering considerations , to the States under the Surface Transportation Project Delive1y Program may save time and money, accel.erate project delivery , and act as an incentive for additional States to enter the NEPA assignment program. [B.10) Allow States to assume some or all of FHW A's responsibilities for approval of right -of-wa y acquisitions. • Currently , there is no specific authorization in 23 U.S.C. 106 (or elsew here in Title 23) for States to assume FHW A's responsibilities for authorizing federally funded right-ofway acquisitions. In addition , FHWA's right-of-way regulations state that "as a condition of Federal funding under Title 23, the grantee shall obtain FHW A authorization in writing or electro nica lly before proceeding with any real property acqu isition using title 23 funds , including early acquis itions under section 710.S0l(e) and hardship acquisition and protecti ve buying under section 710.503 ." This can delay the project delivery process due to the approval needed by FHW A in order • to proceed. • 23 U.S.C. 108 currently requires FHW A authorization for early acquisitions. Amending this section to provide States with new legislative authority to assume some, or all, of FHWA's responsib ilities for approval of right-of-way acquisitions (subject to the same legal protections that currently apply to the right-of-way acquisit ion process) could address this problem. [B.11] Clarify roles and responsibiJities regarding coordination and scheduling. Section 1304 of the FAST Act (23 U.S.C. i 39(g)) requires lead agencies to establish project schedules for the com pletion of the environmental review processes for environmenta l impact statements and environmental assess ments after consu ltation with and the concurrence of each participating agency for the project. • The FAST Act requires concurre nce of participating agencies for changes to projec t schedules. Environmental processes are only one of many components in project schedules and these requirements can potentia lly add delays to the process. MAP-2 1 made development of these project schedules optional. • To address this problem , amending 23 U.S .C. 139(g) to state that (1) only the environmenta l portion of the schedule needs participating agency concurrence , (2) coordination plans need only contain major project milestones and may contain deadline ranges , (3) schedule changes requir e the concurrence of only the affected federal agencies , not all participating agencies , and (4) deadlines be set for agency responses. Also clarify that the Jack of response indicates concurrence. • (B.12] Allow utility relocation to take place prior to NEPA completion. CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000086 7 CEQ050FY 18091 _ 000000072 CON "fll)ENTIAL; • • • D ELIBERA TIV•: ; NOT FOR RELEASE OR RE 0I ST RJBUTIO N Currently, Federal law (23 U .S.C. 123(a)) requires any utility relocation to occur after completion of the NEPA review process. Most projects with pre-construction activities include utility relocation. Amend 23 U.S.C. 123 to specifically allow utility relocation to take place prior to NEPA completion with appropriate limitations to ensure the integrity of the NEPA process. (B.13) Require that initial transportation conformity does not apply until six months after EPA approves the state implementation plan (SIP) motor vehicle emissions budgets. • Currently, Federal law (42 U.S.C. 7506(c)(6)) requires a newly designated area to comply with conformity requirements one year after the effective date of the final nonattainment designation. • This creates a problem because the newly desi&'llatedareas will not have an emissions budget in place in one year. Therefore , in order to demonstrate conformity, metropolitan planning organizations (MPOs) have to use either "an interim emissio ns test" or a test based on emissions budgets developed for a previous standard for the same pollutant. These requirements have created confusion and uncertainty over the years. • Amending 42 U.S.C. 7506 to allow emissions budgets to be developed and transportation conformity to apply six months after EPA approves or finds the emissions budgets adequate for conform ity purposes would eliminate confusion and give MPOs certainty in meeting Federal requirements. [B.14) Exclude marginal nonattainment and maintenance areas from transportation conformity requirements. • Currently , Federal law (42 U.S.C. 7506(c)(5)) requires designated nonattainment and maintenance areas to meet conform ity requirements , regardless of class ification. • This creates a problem because State DOTs and MPOs have to meet the same conformity requirements for all nonattainment areas, regard less of the severity of the air quality problem, and maintenance areas that have already attained the standards. This means that State DOTs and MPOs have to spend resources in meeting conformity requirements in areas with less air quality problems instead of focusing their limited resources in those areas with the most severe air quality problems. • Amending 42 U.S.C. 7506(c)(5) and 40 C.F.R. pt. 93 (and potentially 40 C.F.R. pt. 5 1) to exclude marginal nonattainment and maintenance areas from transportation conformity requirements would relieve this burden. • Additional note: This may also impact Clean Air Act s.176(c)( 42 USC 7506) which requires transportation plans to conform to the purpose of the state implementation plan this means that the transportation activities will not cause new violations of NAAQS , worsen existing violat ions, or delay tin1ely attainme nt of the NAAQS. [B.15) Require that when a new NAAQS standard for a pollutant is established, MPOs only need to conform to the most recent standard. CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJ of [ANPJ CEQ-19-0173-A-000087 8 CEQ050FY 18091 _ 000000072 CON "fll)ENTIAL; D ELIBERA TIV•: ; NOT FOR RELEASE OR RE 0I ST RJBUTIO N • • • • Currently, Federal law (42 U .S.C. 7506(c)(5)) requires designated nonattainment and maintenance areas to meet conformity requirements. However , it does not address which standard applies for a pollutant with multiple standards. This creates a problem every time EPA promulgates a new national ambient air quality standard (NAAQS) for a pollutant with multiple standards. State DOTs and MPOs may be required to demonstrate conformity to multiple standards for the same pollutant , creating redundancy and uncertainty , and causing them to spend their limited resources unnecessarily . Amending 42 U.S.C. 7506(c)(5) and 40 C.F. R. pt. 93 (and potentially 40 C.F.R. pt. 51) to clarify that conformi ty requirements only apply to the latest NAAQS standard of the same pollutant would avoid this confusion and reduce any subsequent legal challenges resulting. Additional note: This may also impact Clean Air Acts. l 76(c)( 42 USC 7506) which requires transportation plans to conform to the purpose of the state implementation plan this means that the transportation activities will not cause new violations of NAAQS , worsen existing violations , or delay timely attainment of the NAAQS. [8.16) Remove DOI, DOA , and HUD review from individual Section 4(f) evaluations. • Curre ntly, Federal law (49 U.S .C. 303(b) and 23 U.S.C. l38(a)) requires consultation with DOI, DOA , and HUD. The FHW A/FTA Section 4(±) implementing regulations (23 CFR 774.5) require Section 4(±) determinations to be sent to DOI, DOA, and HUD for review and comment. The regulation currently provides DOI , DOA , and HUD with a minimum of 45 days to provide comments. It also provides for an additional 15 day period after the comment deadline for DOI , DOA , and HUD to transmit comments before the FHW A may assume no objection. • This creates a problem because DOI, USDA, and HUD review times can potentially delay project delivery. • Amending 49 U.S .C. 303 and 23 U.S.C. 138 to clarify that DOI, DOA and HUD need not review for individual Section 4(f) evaluations; this woul d potentially streamline the project develo pment process, but such a move may be controve rsial since FHW A currently interprets 49 U.S.C . 303 to extend to individual evaluations. An alternate timeline may also be proposed that would shorten the Departments ' review window. • Additional note: USDOT may be able to accomplish this with a regulatory change if a legislative clarification is unavailable. [8.17] Amend Preventive Maintenance provision • Currently under 23 U.S.C. I 16(e), the eligibility of preventive maintenance activi ties for federal funds is determined by Secretary. • The assumed problem of the stakeholder is eligibility determination may be more efficiently carried out at the State rather than FHW A. • Amending 23 U.S.C. l 16(e) to allow States to detem1ine the eligib ility of prevent ive maintenance activities could translate into a more streamlined process. [8.18) CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000088 9 CEQ050FY 18091 _ 000000072 CON "fll)ENTIAL; D ELIBERA TIV•: ; NOT FOR RELEASE OR RE 0I ST RJBUTIO N Eliminate Preliminary Engineering (PE) repayment requirement. • Currently, a State must repay all Federal-aid reimbursements for PE costs on a project that has not advanced to right-of-way acquisition or on-site construction within 10 years after Federal-aid funds were first made available for PE. • The track ing and taking of actions to facilitate repayment require considerable resources from FHW A, and ultimately has no effect on a State or the Highway Trust Fund as recovered funds are redirected to other eligible activities. • The repayment requirement of23 U.S.C. 102(b) is no longer needed as it essent ially has no effect. Additionally, MAP-2 l created (and FAST Act continues) a performance based Federal-aid highway program in which States are held accountable for the condition of their NHS highways. This will likely result in States using Federal funds on projects that have a greater likelihood of proceeding to completion. [B.20) Allow States to approve non-Federal credits for cost sharing. • Federal law prohibits States from approving cred its under 23 U.S.C. 323 for non-Federal contributions. • This creates a problem because FHW A must review all requests. • Changing the federal finance process at a legislative level to allow states to approve their own credits will address this problem . • Potential alternative: o Allowing a number of States to do this would create a base to analyze the practices States use to compare uniformity when there is Federal approval involved. • Note onproposal: o o Allowing this could result in non-uniform treatment of all property owners and parcels on a project. Allowing this could encourage the use of non-des irable appraisal practices by States (inflated property values to benefit the State's share, unexperienced appraisers conducting appraisals because it is not subject to Federa l review) [B.21) Restore the pre-FAST Act authority to use HSIP funds on non-infrastruc ture safety projects • The FAST Act amended Federal law (23 U .S.C. 148(a)(4)) to limit eligibility under FHW A's highway safety improvement program (HSIP) to safety infrastructure projects ; prior to the FAST Act, HSIP funds also could be used for non-infrastructure safety efforts, consistent with the State's strategic highway safety plan (SHSP). • The focus of tl1eHSIP is on data-driven safety investment. In some cases, noninfrastructure safety projects would have a larger impact on safety. • Restoring the ability to use HSIP funds on non-infrastmcture safety projects (as with all other HSIP projects , consistent with the SHSP) wou ld allow States to direct safety dollars to the projects with the greatest safety benefits [B.23) Encourage programmatic approach to Sections 106 and 4f for historic bridge projects CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000089 10 CEQ050FY 18091_ 000000072 CON 'fll)ENTIAL; • • • D ELIBERA TIV• : ; NOT FOR RELEASE OR RE 0I STRJBUTIO N The current law, Section 106 of the National Historic Preservation Act and Section 4(f) of the US DOT Act, mandates compliance for historic bridge replacement projects. The requirement may entail a significant amount of time to conduct the required consultation and prepare the documentation in complia nce with Section 106 and 4(f) to evaluate impacts to historic bridge replacement projects. Having State-level Programmatic Agreements to expedite compliance with Section 106 and 4(f) for historic bridges reduces review times while addressing requirements Subtitle C - Transit [C.01) Require tax increment financing as condition for receipt of transit funds for major capital projects (formula and Capital Investment Grants) • Federa l transit programs do not require tax increment financing. • Failure of transit authorities to use tax increment financing reduces funds available for transit capital projects. • Amend 49 U.S .C. Chapter 53 to include tax increment financing as prerequisite for the following capita l programs: Section 5307 Urbanized Area Formu la Grants ; Section 5309 Capital Investment (Discretionary) Grants ; Section 5337 State of Good Repair Formula Grants ; and Section 5339 Bus and Bus Fac ilities Formula/Di scretionary Grants [C.02) Eliminate constraints on use of public-private partnerships in transit Under Federa l transit law, 49 U.S.C. Chapter 53, and implemen ting regulations there are impediments to greater use of public-private partnerships and private investment in transit capital projects. • This creates a problem because precluding private participation reduces the funds available for those projects. Restating the regulatory requirement at 49 U.S.C. 5315(b) to exped ite its implementation will help encourage private participation in transit capital projects. • Note: because 49 U.S.C. 53 lS(b) already addresses this problem , there may not be a legislative change needed. Mandating the changes without regulatory action could expedite the solutio n. • • Subtitle D - Rai l Subtitle E - A irports [E.01) Remove FAA oversight of non-aviation development activities at airports. • As written , this initiative appears to reflect a belief that it is unnecessary for FAA to review projects other than critical airfield infrastructure , even in cases where Airport Improvement Program (AIP) grants and/or Passenger Facility Charge (PFC) revenues may be used. • The FAA 's long-standing review of such projects (including terminals , access and service roads , hangars and other types of facilities) is based on statutory requirements set forth in CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJ of [ANPJ CEQ-19-0173-A-000090 11 CEQ050FY 18091_ 000000072 CON "fll)E NTIAL; D ELIBERA TIV•: ; NO T FOR RELEASE OR RE 0I STRJBUTION • • Title 49 U.S.C. Chapter 471 , and particularly Sections 47 102 through 4 7113 as well as elsewhere including Section 50101 ("Buyin g goods produ ced in the United States"). Dependin g upon how the legislative text ultimatel y reads , this proposal would eliminate any Federal review of such projects and relieve the FAA of the burden of any such reviews. Additional note: this change could result in many project s and facilities being built that do not meet requirements ranging from basic eligibility and justification to Federal procurement requirements . As written, this could also eliminate the FAA's ability to help protect people and property on the ground, by eliminating the FAA 's ability to review projects that might violate the long-standing Runway Protec tion Zone standards. [E.02) Remove FAA oversight of non-aviation business leases at airports. • Although the statutes require FAA approval of non-aero nautical uses of airport property and restrict non-aeronautical purpos es, they do not require FAA review or approval of any airport leases, aeronautical or not. • FAA does not impose its judgment on the manner in which airport sponsors operate and manage their airports. FAA review and approval of airport property is limited to protecting the aeronautical use of the airport to safeguard the airport's safety, utilit y, and efficiency , as well as the federal investment. It is important to note that past GAO investigations resulted in Congress ional action (laws) requiring FAA to strengthen , not diminish, its ability to protect the aeronautical use of airport property from unrelated use , to include land use inspections, and an annual report of airports w hich are not in compliance with their land use obligations. The process may be simplified if the adequate guidance were developed within the • framework and discretion in the statute, e.g., limits on types and locations of the properties , leasing best practices , limits on propo sed uses, specific conditions. [E.06] Reduce or eliminate carrier consent for airport privatization. • The current law (49 U.S .C. 47134) provides that 65% of the carriers at the airport mu st appro ve the privatization. • This creates a perceived problem because air carriers have the ability to quash an airports attempt to privatize. • Decreasing the percenta ge of airlines needed to approve the process or removing airline approval all together could address this probl em. • Additional note: The airline community is likely to oppose this change. [E.07J Remove obstacles to innovative project deliver y methods at airports. • Alternative project delivery methods typically rely on the competitive propo sal procurement method. Per 2 CPR 200 .320. Sponsors may use the competitive procurement method when the sealed bid method is not su itable. The design build is explicitly addressed in statute under 49 U.S.C. 47142. CONFIDENTIAL; D ELIBERATIVE ; NOT FOR RELEASE OR REDISTRIBUTION Updated 2017-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000091 12 CEQ050FY 18091_ 000000072 CON "fll)E NTIAL; D ELIBERA TIV•: ; NO T FOR RELEASE OR RE 0I STRJBUTION • • Both the statute and regulation establish standards that assess potentia l for cost economies and project expediency. Subjective application of the standards may lead to outcomes that are too restrictive. FAA recommends a collaborative approach with external stakeholder groups to assist with developing guidance that addresses risks and benefits of various alternative project delivery methods and when use is suitable or not suitable with due consideration of airfield safety. [E.08) Alternative co ntract ing methods and ince ntive payments for airpo rt projects. • 2 CFR 200.320 already permit s grant recipients to use competitive proposals when the sealed bid method is not suitable. This includes allowing "time of construction " to be a bid factor. AIP statute does not currently identify incentives as an allowable cost under 49 U.S.C. 47110. • Sponsors of AIP grants may percei ve they are at a disadvantage by AIP not allowing incentive payments for accelerated construction. • Establishing a project incentive under 49 U.S.C. 4 7 l l 0 may permit additional incentive, along with profit margin, for the contractor to increase work efficiency that saves project time. Addit ionally , it may be penni ssib le to use airport revenue to fund early completion incentives. • Additional note: unavoidable constraints such as airfield operations, sequenc ing and weather can limit a contractor 's ability to freely work in the most efficient manner. [E.16) Use AIP fund s to sta bilize airpo rt fundi ng. • The funding of a project development costs incuffed pr ior to establishment of a grant is already allowed by AJP statute. 49 U.S.C. 47 1I0(b)(2 )(C) makes it allowab le for a sponsor to apply their earned apportionment funds for costs incurred prior to execution of a grant agreement. • Sponsors may not be fully aware of this provision. Sponsors that are aware of this flex_ibiUtyare not always in a position to float project costs prior to receiv ing a grant agreement. • FAA suggests communication with airport sponsors and industry association for improved awareness. • Additional note: This provi sion does not eliminate the need for the project to have complied with all other applicable AIP requirements such as Buy American , Disadvantaged Busine ss Enterprise and procurement rules . [E.17] Expa nd eligib le uses of AI P and PFC fun ds • As a capital improvement program , AIP funds are allowed under 49 U.S .C. 47102(3) to construct , reconstruct repair and improve eligible airfie ld pavement. Per 49 U.S.C. 47102(3) (H), non-bub airports and non-primary airport s may use ATP funds for routine work to preserve and extend the useful life of airfield pavements. • There are 133 hub airports (large, medium and small) that cannot currently use AIP funds for maintenance activities like non-bub airports. CONFIDENTIAL; D ELIBERATIVE ; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000092 13 CEQ050FY 18091_ 000000072 CON 'fll)EN TIAL; D ELIBERA TIV• : ; NO T FOR RELEASE OR RE 0I STRJBUTIO N • • A statutory revision to 49 U.S .C. 47102(3)(H) would permit all eligible airports to apply AlP funds for maintenance and capital improvements. Because PFC mirrors AIP eligibility, this would also extend to the PFC program. Additional note: some stakeholders, particularly the airline community , may object to this concept , because both Trust Fund and PFC resources have histolically been expecte d to result in infrastructure that is beneficial for the long-term-e.g. , 10-20 years or longer. There is curren tly $6 billion in identified project needs in the $3.2 billion annual AIP program . [E. 18) Flexible funding for terminal sec urity enhancements • The current law is 49 U.S.C. 47119 and 471 10. • This creates a problem because terminal modifications are funded by both FAA (exterior walls, floor , ceiling , and utilities) and DHS/TSA (all build out, equipm ent, office, and nonpublic space, plus camera surveillance systems throughout the terminal). • By explicitly transferring the responsibility of funding camera surveillance systems from DHS/TSA to FAA ATP in the landside, immediate termina l building exterior (i.e. mounted on the building itself), steri le area (where screened passengers wait for flights) , and loading bridge area, airports will be able to seam lessly conduct surveillance through the entire termina l, w ith the exception of the immediate screening area, which will remain DHS/TSA responsibility. • Additional note: It should be noted that this will be the first time that FAA AlP funding is being used for direct police activity outside of the airfield, and some externa l stakeholders - most notably the airlines - may object to this concept. • Additional note: FAA may be able to do this without legislative changes under basic terminal eligibility requirements [E.19) Move overs ight of AIP funds to post-expenditur e audits • The ATP is a project grant program as opposed to a formu la grant program. Project grant authority is establ ished under 49 U.S.C. 47 l04(a). The requirement for an application is established under 49 U.S.C. 47105. Section 47106 estab lishes duties and responsibilities of the FAA when reviewing and approving a grant application . • Some sponsors perce ive they are entitled to apportionment assigned to their airport and should have unencumbered access to their apportionments. • Removing or easing statutory requirements would expedite conveyance of apportionment funds to sponso rs. • Additional note: such flexibility may be at the expense of current checks for project fonnula tion requirements such as eligibility, justification , standards conformance , environmenta l review , community engageme nt and other requirements. [E.21) Reduce non-statutor y requirements on airport formula fund s • The majority of grant assurances either are derived directly from the statute or interpretations of the statute (49 U.S.C. Chapter 471, includ ing 47105 , 47106 47107 , etc.). CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000093 14 CEQ050FY 18091_ 000000072 CON "fll)EN TIAL; D ELIBERATIV•: ; NO T FOR RELEASE OR RE 0I ST RJBUTIO N • • • Some airports have argued that some of the Grant Assurances today go beyond strict statutory requirements. Moreover , some airports believe this limits their flexibility in terms of business practices. If Congress were to simplify the assurances, this could theoretically enhance flexibi lity for many airports. Additional notes: o Many airports rely upon the assurances as a means of defending against pressure to enter into suboptima l business arrange ments o Some stakeholders (most notably the airlines) may object on the grounds that such arrangements can be costly and inefficient. [E.221 Clarify free-ma rket principl es underlying FAA's Rates and Charges Policy • Some stakeholders view the current FAA policy as confl icting with "free market value principles " because it implements the statutory mandate that (1) the airport is the beneficiary and (2) the costs imposed upon airport users, including airlines , through rates and charges , are fair, reasonable and not unjustly discriminatory. • Existi ng law could be amended to change these two requirements , or FAA could expand upon the existing policy to clarify the underlying economic principles • Additional note: USDOT is developing policy based on listening sessions conducted with airports , airlines and consu ltants. CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05- 22 5:15PM [APGJ of [ANPJ CEQ-19-0173-A-000094 15 CEQ050FY 18091_ 000000072 CON 'fll)ENTIAL; D ELIBERATIV•: ; NO T FOR RELEASE OR RE 0I STRJBUTIO N Input Document An notated with Proposa l Identifiers DIVISION B - INFRASTRUCTURE IMPROVEMENTS TITLE I - TRANSPORTATION Subtitle A - Financing • • • • • • • • • • • • • [A.OJ]Expand the eligibility ofTIFIA [A.02] Eliminate Federal prohibitions on imposition of tolls and commercialization of highway rights-of-way [A.03I Elimination of Federa l prohibitions on imposition of tolls on fixed guideways [A.04] Airports seek strong Admin istration support for legislative action to imp lement fundamental PFC reforms: eliminate the statutory cap on the level of PFC that may be imposed by an airport , eliminate the extra "significant contribution " standard for review of PFCs above $3.00, and extend the streamlined process for imposing and using PFCs from non-hub airports to all hub sizes [A.051 Raise/Eliminate Cap on PFCs LA.061Permit large airports to opt out of ATP program in return for increases on PFCs lA.071Expand coverage of private activity bonds (PABs) to all categories of public purpose infrastructure , and allow PABs to be used for reconstruction . Eliminate /raise PAB cap. [A.OS]Subsidize RRIF for short-line and passenger rail [A.09] The ISRRPP allows States to implement tolling on existing interstate lanes to pay for the reconstruction or rehabilitation of those lanes. The current ISRRPP is limited to three slots, meaning only three States may participate. Lifting the cap on the number of slots/States that may participate cou ld enable more States to pursue the author ity to toll existing interstate highway capacity to reconstruct or rehabilitate it. Going one step further, you could simply cancel this program and pass legislation that allows the States to toll existing interstate capacity if they choose to - without coming to FHW A for approval to do so. LA.I O]Expand DOT's TIFIA lending authority to include financing facilities at airports, such as renovated or new passenger tenninals and related facilities . This would help launch new projects and help finance existing projects , including P3s at airports . It would permit TIFIA to help finance airport infrastructure that has private sector involveme nt (P3s) as well as those undertaken by govern ment authorities . [A.11] Include the credit subsidy costs (credit risk premium) as one of the eligible costs for inclusion in a RRIF financing . (need to manage eligibility) [A. 12) Privatization/ commercia lization of construction , operation , and maintenance activities associated with interstate rest areas. [A.13) Provide a non-federal interest tl1eautl1ority to impose tolls or fees on third parties that derive a direct benefit from an inland waterway project , in an effort to recover project costs. Amounts generated under this shall be collected by tl1enon-federal interest and retained solely for use by the non-federal interest to defray its costs assoc iated with carrying out a project. CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000095 16 CEQ050FY 18091_ 000000072 CO N"fll)E NTIA L; D ELIBERATIV•: ; NO T FOR RELEASE OR RE 0I STRJBUTIO N • • [A .14) Congress could amend current legislation to allow for tolling of these roads and specifically to incentivize doing so when this work will be implemented by a private investor in exchange for new investment of capital to improve the current infrastructure. This way , the private sector can invest significant upfront capital today to improve the roads and be repaid over the course of30-75 years through the collection of the new tolls. Additionally , this allows government to shift the risk of potential construct ion cost overruns to the private sector instead of internalizing that risk with the taxpayer. [A.15) Congress could amend current legislation to allow for tolling and specifically to incentivize doing so when this work will be implemented by a private investor in exchange for new investment of capital to improve the current infrastructure . This way , the private sector can invest significant upfront capita l today to improve the roads and be repaid over the co urse of 30-75 years through the collection of the new tolls. Additionally , this allows government to shift the risk of potentia l construction cost overruns to the private sector instead of internalizing that risk with the taxpayer. Subtitle B - Highways • • • • [B.0I] Defederalizin g Highway Trust Fund Contributions [B.02] Eliminate statutory requi rement for a State to repay federal funding when projects do not advance to construction within l Oyears . Existing law (23 U.S.C. l 02(b)) requires States to repay all Federa l-aid reimburseme nts for preliminary engineering costs on a project that has not advanced to right -of-way acquisition or on-site construction within 10 years after Federa l-aid funds were first made available for preliminary engineering . Considerab le resources are required by FHW A to track compliance with this requirement today. [B.03] Expand the availabi lity of routine and innovative project delivery and contracting methods to accelerate project delivery.23USC provides authority to use routine and innovative project delivery and contracti ng methods that are commonly used by State DOTs, local govern ments, and other recipie nts . However , the author ity doesn't extend to the federal land management agencies (FLMA) who also deliver proje cts with these 23USC funds. We propose to provide authority so that all contracting methods allowed under 23USC will extend to FLMA projects . Commonly used methods by State DOTs , local govemements , and other recipients that wou ld be available to FLMAs would include electronic bidding, bridge bundlin g, project bundling , construction managergeneral contractor (CMGC) , among many others . [8.04] Under Section 120 (Toll Facilities) of the Surface Transportation Assista nce Act (STURRA) , the tolling facilities are limited in the use of the tolls on ju st the facilities themselves for construction and reconstruction costs and for the costs necessary for the proper operation and debt service of such facility (including resurfacing , reconstructio n, rehabilitation , and restoratio n). Current tollin g legislation allows tolls in excess of the costs noted above to be used on other Title 23 projects within the State. Adjust the STURRA legislation to be in alignment with current tolling authority . CO NFIDENTIAL ; D ELIBERATIVE; NO T FOR RELEASE OR REDISTRIB UTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000096 17 CEQ050F Y 18091_ 000000072 CO N"fll)E NTIA L; D ELIBERATIV•: ; NOT FOR RELEASE OR RE 0I STRJBUTIO N • • • • • • [B.05) Eliminate Major Project oversight requirements for projects that are more routine for FHW A and DOT s. This proposal would require the statutiory definition of a major project in 23 U.S.C. l06(h) to be increased from $500M to $1B . [B.06) The NEPA assignment application and audit processes are burdensome and comp Iicated. In add ition, clarificatio n and/or expansion of the authorities that may be assigned to the states are needed to fully achieve the project delivery streamlining benefits through NEPA assignment. Simplify the assignment application process . Clarify that all aspects of 23 CFR 772 are included in the NEPA Assignment program .; Allow states to assume all or part of the responsibilities of USDOT with respect to engineering and other activities related to environmentaJ review , consultation , permitting or other action required under any Federal Environmenta l law for review or approval of a specific project .; Clarify that under the NEPA Assignment program , States may assume USDOT's responsibilities in USCG Bridge Permit determinations and related consultation; 23 CFR 144(c) and 23 CFR 650 Subpart H .;Under Assignment , a State ' s Public Involvement Procedures should not require USDOT/FHW A approval as required in 23 CFR 771. l I l(h) .; States with assumption should be solely respo nsible for the development of their policies , guidance and procedures so long as Federal Laws and USDOT requirements and guidance are met. [B.07) Under 23 USC 327, States may assume , by written agreement , responsibilities of the U.S. Department of Transportation under NEPA and related federal laws for surface transportation projects . This statute excludes from assignment FHW A's authority to make project level air quality conformity detem,inations under the Clean Air Act. This provision should be amended to allow the assignment of project-level conformity determination s. [8 .081 FHWA has recently sought to exclude from full NEPA assignment certain determinations regarding floodplains protection and noise policies on the ground that these determinations invo lve engi neering issues. Engineer ing considerations are an inherent part of any alternatives analysis , including the alternatives analyses conducted as part of compl iance with NEPA and Section 4(f) . States should be allowed to assume responsibility for any detenninations normally made by FHWA as part of the NEPA process , even if those determinations involve consideration of engineering issues. IB.09] Currently , a State must obta in FHWA ' s approval to obligate funds for a specific project. This step is completed in order to actually draw down specific FederaJ funds so that the State can seek reimbursement from FHW A for actua l costs incurred . This approval is provided for a project only after FHW A determines that all applicab le Federa l requirements have been met. A new legislative authority should be provided to States that allow States to assume FHW A's responsibilities for determining that all federal requirements have been met , without the need for an individual project -level obligation approval by FHW A. [B.10] Currently , there is no specific authorization in 23 USC 106 (or elsewhere in Title 23) for States to assume FHWA ' s responsibilities for authorizing federally funded rightof-way acquisitions . In addition , FHWA ' s right-of-way regulations state that "as a condition of Federal funding under Title 23, the grantee shall obtain FHWA authorization CO NFIDENTIAL ; D ELIBERATIVE; NO T FOR RELEASE OR REDISTRIB UTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000097 18 CEQ050FY 18091_ 000000072 CO N'fll)E NTIA L; D ELIB ERATIV• : ; NOT FOR RELEASE OR RE 0I STRJBUTIO N • • • • • • • • • • in writing or electronically before proceeding with any real property acquisition using title 23 funds, including early acquisitions under §710.50 l( e) and hardship acquisition and protective buying under §7 10.503." New legislative authority should be established for States to assume some or all ofFHWA ' s responsibi lities for approval of right-of-way acquisition s, subject to the same legal protections that currently apply to the right-of-way acquisition process. This wou ld require an amendment to 23 USC 108 which currentl y req uires FHW A authorization for early acquisitions . [B.11J The FAST act requires lead agencies to establish project schedules for the completion of the environmenta l review processes for environmental impact statements and environmental assessments after consultat ion with and the concurrence of each participating agency for the proj ect; MAP-21 made development of these proje ct schedules opt ional. FAST also requires concurrence of participating agencies for changes to project schedu les. Environmental processe s are only one of many componen ts in project schedules . Establish that only the environmenta l portion of the schedule needs partic ipating agency concurrence , coordination plans need only contain major project milestones and may contain deadline ranges, schedule changes require the concurrence of only the affected federal agencies , not all participating agencies , and deadlines be set for agency responses ; lack of response indicates concurrence . This would require amending 23 USC 139(g). [B.121Amend 12 USC 123 to and allow utility relocation to take place prior to NEPA completion with appropriate limitations to ensur e the integrity of the NEPA process , and allow federal funds to be used for the relocation . fB.131Require that in itial transportation conformity does not apply until six months after EPA approves the SIP motor vehicle emissions budgets . This would require an amendment to 42 USC 7506 . fB.141Amend 23 USC 7506(c)(2) to exclude marginal nonatta inment and attainme ntmaintenance from transportation conformity requirements . [8.15] Require that when a NAAQS new standard is established , MPOs only need to conform to the most recent standard. This would requ ire an amendment to 42 USC 7506. rB.16] Remove DOI , DOA and HUD rev iew for individua l 4(f) evaluations . This would require amending 49 USC 303 [8 .17] Statute should be amended to allow States to determine that a prevent ive maintenance project meets the applicable criteria for federal reimbursement. This change would require an amendment to 23 USC l I 6(e ). [B.181This provision should be amended to allow States to approve a time extens ion, subject to criteria establis hed in appl icable Federal regulations or policies . Th is change would require an amendment of 23 USC 102(b) . [B.19] This provision should be amended to allow States to approve a time extension , subject to criteria establis hed in applicable Federal regulations or policies . This change would not require legislation , but legislation cou ld be enacted to ensure that this change is implemented consistent with the amendments to 23 USC 102(b). [B.20] Under 23 USC 323, a State may receive credit toward the non-federal share of project costs for the fair market value of early acquisitions , donations of property , or CO NFIDENTIAL ; D ELIBERATIVE; NO T FOR RELEASE OR REDISTRIB UTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000098 19 CEQ050F Y 18091_ 000000072 CO N"fll)E NTIA L; D ELIBERATIV•: ; NO T FOR RELEASE OR RE 0I STRJBUT ION • • • other contributions made to the project. Currently, FHWA must approve any such credits based on a finding that all applicable criteria have been met. In addition, FHWA must approve any credits toward the non-federa l share for costs incurred prior to a project agreement , based on criteria defined in 23 CFR 1.9(b). These provisio ns should be broadened as appropriate so that States can approve the crediting of these costs toward the non-federal share , subject to criteria established in applicable Federal regulations or policies . [B.21I Legislative flexibility should be restored under HSIP to allow states determine how to most effectively invest their federal HSIP funds to support strategic safety efforts . IB.22I Relocate the Bridge Permit program from the U.S. Coast Guard to the Federal Highway Administration LB,23] lncentivize programmatic approach to Sections 106 and 4f for historic bridge projects (for bridges not addressed by Program Comment for common types) , e.g. if the state has a management plan for historic bridges that prioritizes the most significa nt and those in best condition for preservation , make it easier to replace other histor ic bridges (less significa nt and in poor cond ition) Subtitle C - Tran sit • • [C.01] Require tax increment financin g as condition for receipt of transit funds (formul a and CIG) [C.02] Eliminate constraints on use of publ ic-private partnership s Subtitle D - Rail Subtitle E - Airports • • • [E.01] The only req11irements for buildings , roadways , etc. should be that they not interfere with the safe and efficien t operation of aircraft and they comp ly with local building codes. FAA should not be involved in terminal , roadways , hangars , and other commercial building development , with the exception of the filing of a form to allow FAA to determine if a proposed development poses a hazard to aviation , as is required for nearby off-airport property construction projects . Requirements for airports to submit plans and specifications , etc. to the FAA should be eliminated lE,02] FAA should have no say in the non-aeronautical business leases of an airport . Keeping FAA in the middle of reviewing airport leases for which they have no expertise is burdensome , counterprod uctive , and impedes airport operators from conduct ing their business in a way that best serves their airports and communities . Thus, FAA oversight should be eliminated [E.03] Airports seek strong Administrat ion support for legislative action to implement fundamen tal PFC refom1s: eliminate the statutory cap on the level of PFC that may be imposed by an airport, eliminate the extra "significant contributio n" standa rd for review of PF Cs above $3.00, and extend the streamlined process for imposing and using PFCs from non -hub airports to all hub sizes CO NFIDENTIAL ; D ELIBERATIVE; NO T FOR RELEASE OR REDISTRIB UTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000099 20 CEQ050F Y 18091_ 000000072 CO N"fll)E NTIA L; D ELIBERATIV•: ; NOT FOR RELEASE OR RE 0I STRJBUTIO N • • • • • • • • • • • • [E. 04] FAA should allow greater PFC funding of projects such as airport termina ls [E. 05] Eliminate Federa l constraints to use of airport property where not detrimental to safety [E.06] The current FAA airport privatization program requires that 65% of the air carriers using an airport (by both number of carriers and by landed weight) are required to allow the private operation and investment into an airport . [E.07] A llow airports to employ alternative project delivery methods , including Design Build and Construction Manager at Risk , on AIP-funded projects witho ut requiring extraordinary justification [E. 08] A llow airports to promote ear ly completion and savings for critical federally funded airport projects by soliciting contractors to bid the number of days to complete the project , and employing contractual provisions , such as incentive payments and more efficient project delivery methods that have worked in the private sector and in other federal transportation grant programs IE. 09] The cmTent FAA airport privatization program requires that 65% of the air carriers using an airport (by both number of carriers and by landed weight) are required to allow the private operation and investment into an airport . lE,10] The Administration should eliminate the need for federal approvals for nonaeronautical development of airport land acquired by the airport operator without federal assistance . Instead , the federa l government should simply proh ibit development that interferes with safe and efficient aircraft operations and require that fair market rentals are received by the airport for use of the land lE.11J The only requirements for buildings , roadways , etc. should be that they not interfere with the safe and efficient operation of aircraft and they comply with local building codes . FAA should not be involved in termina l, roadways , hangars , and other commercial building development , w ith the exception of the filing of a form to allow FAA to determine if a proposed development poses a hazard to aviation , as is required for nearby off-airport property construction projects . Requirements for airports to submit plans and specifications , etc . to the FAA should be eliminated (E. 12] FAA should have no say in the non-aerona utical business leases of an airport. Keeping FAA in the middle of reviewing airport leases for which they have no expertise is burdensome , counterproductive , and impedes airport operators from conducting their business in a way that best serves their airports and communities . Thus , FAA oversight should be eliminated (E.13] FAA should allow greater PFC funding of projects such as airport termina ls IE. 14 1Allow airports to employ alternative project delivery methods , including Desif,'Il Build and Construction Manager at Risk , on AIP-funded projects without requiring extraordinary justification (E.15] Allow airpo11sto promote early completion and savings for critical federally funded airport projects by soliciting contractors to bid the number of days to complete the project , and employ ing contractual provisions , such as incentive payment s and more efficient project delivery methods that have worked in the private sector and in other federal transportation grant programs CO NFIDENTIAL ; D ELIBERATIVE; NO T FOR RELEASE OR REDISTRIB UTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000100 21 CEQ050F Y 18091_ 000000072 CO N'fll)E NTIA L; D ELIBERATIV•: ; NOT FOR RELEASE OR RE 0I STRJBUTIO N • • • • • • • [E.l 6] Allow the reimbursement of other airport funds by AIP entitlement funds for construction projects to help inconsistent federal funding cycles rE.17I Expand the eligibility of projects for ATP or PFC funding , including infrastructure repair work that restores the functiona lity and extends the useful life of facilities IE.18I Allow funding for terminal modifications to enhance security wherever they are needed [E.19I Stream line the Al P Grant Process for Entitlement Funds into a "receive and report" process IE.20I Eliminate the need for a pre-application and application for projects using entitlement funds rE.21I Eliminate all non-statutory grant assurances for the receipt of entitlement funds IE.22I The Administration should perm it airports to utilize free market value principles in establishing airline rates and charges CO NFIDENTIAL ; D ELIBERATIVE; NO T FOR RELEASE OR REDISTRIB UTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000101 22 CEQ050F Y 18091_ 000000072 CON "fll)E NTIAL; D ELIBERA TIV•: ; NOT FOR RELEASE OR RE 0I STRJBUTION Disposition of Division B Proposals Subtitle A (Financing) • • • • • • • • • • • • • • • • • • • [A.OJ] Removed because we believe that the intent of this proposal was to expand TIFIA to airport projects , which is A.10 [A.02] Removed as duplicative of A.03 and A.12 [A.03] Provided text [A.03A] Provided text [A.04] Split into four separate , more specific bullets: A.04A-A.04D o [A.04A] Provided text o [A.04B] Provided text o [A.04C] Provided text o [A.04D] Provided text [A.05] Merged into A.04A [A.06] Merged into A.04D [A.07] Split into two separate, more specific bullets: A.07A , A.07B [A.07 A] Provided text [A.07B] Provided text [A.08] Relocated to A.I IA to bring together with other RRJF proposa l [A.09] Me rged into A.03 [A. IO] Provided text [A. l I] Provided text [A.l lA] Provided text [A.12] Provided text [A.13] MARAD confirmed that this proposal should go to U.S. Army Corps of Engineers (USACE) . That agency , not DOT, is responsible for fees on inland waterways. [A.14] Merged into A.03A [A.15] Removed as duplicative of A.14 Subtitle 11(Highway s) • • • • • • • • • • [B.01] No text. USDOT was unable to determine what change was requested by "Defederalizing Highway Trnst Fund Cont ributions" [B.02] Merged into B.18 [B.03] Provided text [B.04] Relocated to A.03B [B.05] Provided text [B.06] Provided text [8.07] Provided text [8.08] Provided text [B.09] No text. Under 23 USC 106(c), States may/shall asswne responsibility. USDOT was unable to determine what change was requested. [B. l OJProvided text CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIB UTION Updated 2017-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000102 23 CEQ050FY 18091_ 000000072 CON "fll)EN TIAL; D ELIBERA TIV•: ; NO T FOR RELEASE OR RE 0I ST RJBUTIO N • • • • • • • • • • • • • [B.11] Provided text [B.12] Provided text [B.13] Provided text [B.14] Provided text [B.15] Provided text [B.16] Provided text [B.17] Provided text [B.18] Provided text [B.19] Removed as duplicate of B.18 [B.20] Provided text [B.21] Provided text [B.22] No text. Proposal would not eliminate coordinating with the USCG. The permit addresses unreasonable obstruction to navigation , whic h is used to set bridge parameters , not just a bridge permit. FHW A is not the expert agency for determining navigation and would have to coordinate with USCG who is the expert agency. An alternative to address this problem is additional training on the USC G-FHW AMOA: Coordinate and lmprove Bridge Planning and Permitting. [B.23] Provided text Subtitle C (Transit) • • [C.0 1] Provided text [C.02] Provided text Subtitle D (Rail) Subtitle E (Airp orts) • • • • • • • • • • • • • • • • [E.01] Provided text [E.02) Provided text [E.03) Merged to A.04A- A.04C [E.04] Merged to A.04C [E.05) Removed as redundant with E.0J-E.02 [E.06] Provided text [E.07] Provided text [E.08] Provided text [E.09] Removed as duplicate of E.06 [E.10) Merged into E.01 [E.11) Merged into E.0 1 [E.12) Merged into E.02 [E. 13] Merged into E.04 [E.14] Merged into E.07 [E.15] Merged into E.08 [E. 16] Provided text CONFIDENTIAL; D ELIBERATIVE; NOT FOR RELEASE OR REDISTRIBUTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000103 24 CEQ050FY 18091_ 000000072 CO N"f ll) E NTIA L; D ELIBERATIV•: ; NO T FOR RELEASE OR RE 0I ST RJBUTI ON • • • • • • [E. l 7] Pro vided text [E.18] Provided text [E.19] Provided text [E.20] Merged into E.19 [E.21] Provided text [E.22] Provided text CO NFIDENTIAL ; D ELIB ERATIVE; NO T FOR REL EASE OR REDISTRIB UTION Updated 201 7-05-22 5:15PM [APGJof [ANPJ CEQ-19-0173-A-000104 25 CEQ050 FY 18091_ 000000072 Re: ExpeditingHighPriorityProjects From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn =recipients/cn=c7 ce 1ebaef28486db7e75a45c19c9813 -herrgott, a"> To: "Bodine, Susan (EPW)" Date: Fri, 30 Jun 2017 17:47:01 -0400 Thank you Sent from my iPhone On Jun 30, 2017, at 3:17 PM, Bodine, Susan (EPW) wrote: I don't know if Richard sent this to you or not Susan CEQ-19-0173-A-000105 1 C EQ050FY 18091 _ 000000043 Re: ExpeditingHighPriorityProjects From: To: "Bodine, Susan (EPW)" Date: Fri, 30 Jun 2017 17:46:57 -0400 Thank you Sent from my iPhone On Jun 30, 2017, at 3:17 PM, Bodine , Susan (EPW) wrote: I don't know if Richard sent this to you or not Susan CEQ-19-0173-A-000106 1 C EQ050FY18091 _000002749 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 July 13, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: Production of Second Batch of Records for FOIA Request FY2018-091 Dear Mr. Evers: This letter is a first production response to Freedom of Information Act (FOIA), 5 U.S.C. ? 552 that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this second production, we have processed an additional 200 records and identified 102 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 111 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted unpublished email addresses and phone numbers. We have determined that exemptions be applied in 5 redaction instances pursuant to 5 U.S.C. ? 552(b)(5). The information redacted under Exemption 5 comprises deliberative materials. Specifically, we redacted deliberative portions of discussions. This release constitutes a denial in part. Release of this information does not foreclose CEQ from alter claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A C,IN pVERSIGHT EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Howard Sun FOIA Public Liaison Attorney-Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-3621 Attachment A C,IN pVERSIGHT Re: Mondaymeeting From: "Sturges, Matt" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 04 May 2017 19:11 :28 -0400 Gotcha. Let's chat tomorrow to catch up. Glad to be working with you again brolha. We got great things ahead ofus to accomplish.Glad we are the table together. wrote: On May 4, 2017, at 7:02 PM, Herrgott, Alex H. EOP/CEQ I need some ideas to popu late my bra in. From: Sturges, Matt [mailto:Matt.Sturges@mail.house.gov Sent : Thursday, May 4, 2017 6:56 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: Monday meeting ] What does t his mean, specific asks? On May 4, 2017, at 6:53 PM, Herrgott, Alex H. EOP/CEQ wrote: My apo logies From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 4, 2017 6:51 PM To: 'Geoffrey.Antell@mail.house.gov ' ; 'matt.struges@mail.house.gov ' ; ' jason.knox@mail.house .gov' ; 'wil l.dunham@mail.house.gov ' ; 'tom.hassenboehler@mail.house.gov ' Subject: Monday meeting Gents, Come to this gathering locked and loaded with specific asks. Maybe its just my bias, but I find the Hill to be extremely important in informing what goes in this package ....maybe too much so ... We can have members introduce their own packages before this ever goes public for obvious reason, but need to have seriously technical legislative suggestions, not just a general talk about principles . I want the wish list so DJ and I can put pen to paper. On a personal note ... it is going to be good to see you all . A AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000001 Re: Mondaymeeting From: "Sturges, Matt" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 04 May 2017 18:55:43 -0400 What does this mean, specific asks? On May 4, 2017, at 6:53 PM, Herrgott, Alex H. EOP/CEQ wrote: My apo logies From: Herrgott, Alex H. EOP/CEQ Sent:Thursday, May 4, 2017 6:51 PM To: 'Geoffrey.Antell@mail.house.gov ' ; 'matt.struges@ma ii .ho use.gov' ; 'jason. knox@ma i I.house .gov ' ; 'will.dunham@mail.house .gov ' ; 'tom.hassenboehler@mail.house.gov ' Subject:Monday meeting Gents, Come to this gathering locked and loaded with specific asks. Maybe its just my bias, but I find the Hill to be extremely important in informing what goes in th is package .... maybe too much so ... We can have members introduce their own packages before this ever goes public for obvious reason, but need to have seriously technical legislative suggestions, not just a general talk about principles. I want the w ish list so DJ and I can put pen to paper. On a personal note ... it is going to be good to see you all. A AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000003 RE: Mondaymeeting From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange (fydibohf23spdlt)/cn=recipients/cn=c administrative group 7 ce1 ebaef28486db 7e 75a45c19c9813-herrgott , a"> To: "Sturges , Matt" Date: Thu , 04 May 2017 19:00:41 -0400 I need some ideas to popu late my brain. From:Sturges, Matt [mai lto:Mat t.Sturges@mail.house.gov] Sent: Thursday, May 4, 2017 6:56 PM To: Herrgott, Alex H. EOP/CE Subject:Re: Monday meeting What does this mean, specific asks? On May 4, 2017, at 6:53 PM, Herrgott, Alex H. EOP/CEQ rote: My apologies From: Herrgott, Alex H. EOP/CEQ Sent: Thu rsday, May 4, 2017 6:51 PM To: 'Geoffrey.Antell@mail.house.gov ' ; 'matt.struges@ma ii .ho use.gov' ; 'jason. knox@ma i I.house .gov' ; 'will.dunham@mail.house.gov ' ; 'tom.hassenboehler@mail.house.gov ' Subject:Monday meeting Gents, Come to this gathering locked and loaded with specific asks. Maybe its just my bias, but I find the Hill to be extremely important in informing what goes in this package....maybe too much so ... We can have members introduce their own packages before this ever goes public for obvious reason, but need to have seriously technical legislative suggestions, not just a general talk about pr inciples. I want the wish list so DJ and I can put pen to paper. On a personal note ... it is going to be good to see you all. A AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000004 RE: Mondaymeeting From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1 ebaef28486db 7e75a45c19c9813-herrgott , a"> geoffrey.antell@mail.house.gov, To: matt.sturges@mail.house.gov , jason.knox@ma il.house .gov , will.dunham@mail.house .gov , tom .hassenboehler@mail.house.gov Date: Thu, 04 May 2017 18:57:56 -0400 To clarify, by spec ific asks, what I meant was changes to NEPA and other permitting streamlining that you have envisioned. Don't worry if not loaded to bear, this is an ongoing conversation. From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 4, 2017 6:51 PM To: 'Geoffrey.Ante ll@mail.house.gov' ; 'matt.struges@mail.house.gov' ; 'jason.knox@mail.house.gov' ; 'will.dunham@mai l.house .gov' ; 'tom .hassenboehler@mail .house.gov' Subject: Monday meeting Gents, Come to this gathering locked and loaded with specific asks. Maybe its just my bias, but I find the Hill to be extremely im portant in informing what goes in this package....maybe too much so ... We can have members introduce the ir own packages before th is ever goes public for obvious reason, but need to have seriously technical legislat ive suggestions, not just a general talk about principles. I want the wish list so DJand I can put pen to paper. On a personal note ... it is going to be good to see you all. A AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000005 FW: Mondaymeeting From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1 ebaef28486db 7e 75a45c19c9813-herrgott , a"> To: matt.sturges@mail.house.gov Date: Thu , 04 May 2017 18:53:14 -0400 My apo logies From: Herrgott, Alex H. EOP/CEQ Sent:Thursday, May 4, 2017 6:51 PM To: 'Geoffrey.Ante ll@mai l.house .gov' ; 'matt .struges@mail.house.gov' ; 'jason .knox@mail .house.gov' ; 'wi 11.du nham@ma i I.house. gov' ; 'tom.hassenboehler@mail.house.gov' Subject:Monday meeting Gents, Come to this gathering locked and loaded with specific asks. Maybe its just my bias, but I find the Hill to be extremely important in informing what goes in this package ....maybe too much so ... We can have members introduce their own packages before this ever goes pub lic for obvious reason, but need to have seriously technical legislative suggestions, not just a general talk about principles. I want the w ish list so DJand I can put pen to paper. On a personal note ... it is going to be good to see you all. A AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000006 Mondaymeeting From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1 ebaef28486db 7e75a45c19c9813-herrgott , a"> geoffrey.antell@mail.house.gov, matt.struges@mail.house.gov , To: jason.knox@ma il.house .gov , will.dunham@mail.house .gov , tom .hassenboehler@mail.house.gov Date: Thu, 04 May 2017 18:51:10 -0400 Gents, Come to this gathering locked and loaded with specific asks. Maybe its just my bias, but I find the Hill to be extremely important in informing what goes in this package ....maybe too much so ... We can have members introduce their own packages before this ever goes pub lic for obvious reason, but need to have seriously technical legislative suggestions, not just a general talk about principles. I want the wish list so DJand I can put pen to paper. On a personal note ... it is going to be good to see you all. A AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000007 Re: FRA/DOT help From: "Fuchs , Patrick (Commerce)" To: "Herrgott , Alex H . EOP/CEQ" Date: Wed, 10 May 2017 13:06:00 -0400 Calling now. Sorry - on CumberlandIsland after my wedding (back tomorrow)and service is not good. Sent from my iPhone wrote: On May 10, 2017, at 12:22 PM, Herrgott, Alex H. EOP/CEQ From: Fuchs, Patrick (Commerce) [mailto :Patrick Fuchs@commerce .senate .gov] Sent: Wednesday, May 10, 201712:17 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: FRA/DOT help Just tried you a bit ago. Hope all is we ll. Please let me know a good time to circle back again. Thanks! Best, Patrick AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000008 Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ wrote: Can you give me a call? From: Herrgott, Alex H. EOP/CEQ Sent : Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce.senate .gov' ; 'adria n arna kis@commerce.senate.gov ' Subject : FRA/DOT help Team, Commerce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which would use finite dollars to leverage maximum economic activ ity, enhance exiting programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA, as well, but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just princip les that we can follow up with the leg text, which you all will hopefully put together and move when it hits the Congress. Two step process. AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000009 Re: FRA/DOT help From: "Fuchs , Patrick (Commerce)" To: "Herrgott , Alex H . EOP/CEQ" Date: Wed, 10 May 2017 12:17:29 -0400 Just tried you a bit ago. Hope all is well. Please let me know a good time to circle back again. Thanks! Best, Patrick Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ wrote: Can you give me a call? From: Herrgott, Alex H. EOP/CEQ Sent:Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce.senate .gov ' ; 'adrian arnakis@commerce.senate.gov ' Subject:FRA/DOT help Team, Commerce, Imagine you had a ful l pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which would use finite dollars to leverage maximum economic activity, enhance exiting programs in the repa ir, modernization and expanion our beloved system. I would like to ping Patrick about FRA, as well, but I wanted to get on the horn with you at your earliest conven ience to clarify what I am asking for. I don't need language, now, just principles that we can fol low up with the leg text, which you all will hopefully put together and move when it hits the Congress. Two step process. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000010 RE: FRA/DOT help From: To: "Arnakis , Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" "Rossi, Nick (Commerce)" Date: Wed, 10 May 2017 09:07:50 -0400 Attachments Infrastructure Principles Discussion Draft.pdf (141.45 kB); Infrastructure Discussion Document.pdf (392.5 kB) Happy to chat . Attached is what we have already sent to DJand DOT that outlines our principles . What time works well for you . From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 8:59 AM To: Rossi, Nick (Commerce) ; Arnakis, Adrian (Commerce) Subject: FRA/DOT help Team, Commerce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which would use finite dollars to leverage maximum economic activity, enhance exit ing programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA,as well, but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just principles that we can follow up with the leg text, which you all will hopefully put together and move when it hits the Congress. Two step process. - AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000011 Staff Discussion Draft Principles for Infrastructure Proposal 1. Use Existing Programs to Minimize Waste and Expedite Deployment. The headlines about any new infrastructure plan will likely focus on funding levels (direct and indirect) and scope (mix of traditional and non-traditional infrastructure impacted). To the extent that direct funding is included , existing mechanisms for evaluating and delivering that funding should be used , rather than creating entirely new , and untested , programs. Authorized programs are familiar to stakeholders and have established planning , project selection , and financial management practices. Also, these programs often represent the culmination of iterative policy reforms. As a result , their use expedites the deployment of additional resources , lowers the risk of fraud or waste , and helps ensure strong return on investment. For example : o For nationally significant projects : use the existing Nationally Significant Freight and Highway Projects program , now known as FASTLANE (23 U.S .C. 117), a yearly competitive grant program for freight and highway projects . o For freight projects benefitting each state: use the existing National Freight Highway Program (23 U.S .C. 167), which provides dedicated funding based on well-established formulas. o For better facilitation of P3 projects: use the existing National Surface Transportation and Innovative Finance Bureau , now known as the Build America Bureau (23 U.S.C . 116), which , among other functions , provides direct loans - often by subsidizing the credit risk. 2. Include Rural Areas/States. Successful infrastructure legislation often incorporates formula shares and setasides so all geographic areas receive benefits , not just urban areas with high-profile projects or representatives. Some policy tools , particularly those that disproportionately rely on tolls and debt financing , are less likely to benefit rural areas. o The FAST Act (P .L. 114-94), which passed by an 83 to 16 vote in the Senate, uses direct funding by formula to ensure adequate rural participation . o No matter how funding or financing authority is provided , the FAST Act formula could be used as a useful measuring tool ; if rural states do as well under the proposal as they do under the FAST Act , it is likely to be well received by the Senate . 3. Improve Highway Trust Fund (HTF) Solvency. Any infrastructure bill should provide funding solutions to address the HTF shortfall ($17 .1 billion average annual shortfall through 2026). Providing a dedicated stream of funding ensures the necessary certainty for the states to appropriately plan and complete projects. 4. Focus P3 Policy on Reducing Barriers. The problem with the low usage of P3s, particularly in transportation , is with the supply of potential P3 projects , not the demand . Public entities choose not to explore P3 options for a variety of reasons , including low technical capacity , risk aversion , transaction costs , and legal barriers. By contrast , private investor demand for profitable projects is strong . That suggests the most costeffective options are on the supply side : o Provide incentives for state or local governments to adopt model P3 enabling legislation or processes. Incentives could include greater loan subsidies or grant prioritization. o Expand a P3 technical assistance team headquartered within the Build America Bureau , and perhaps with employees in Federal government field offices across the country , to guide public entities through the P3 process. o Provide targeted grants for contracting , economic analysis , and other technical work to lower transaction costs and ensure public entities are protected from bad P3 deals. AMf-f {ICAN PVERSIGHT CEQ-18-0173-B-000012 Staff Discussion Draft 5. Regulatory reform and permitting streamlining. Any infrastructure bill should address the current hurdles and barriers at the federal level that could improve regulatory action and project delivery . See attachment (accompanying staff discussion document) for more details. Additional Principles for a Digital Infrastructure Proposal 1. Make More Wireless Spectrum Available. Radio-frequency spectrum is the lifeblood of modem communications , and technologies like 5G, Wi-Fi , and the Internet of Things would not be possible without it. The more spectrum that is made available for flexible private sector use, the more economic growth there will be . Particular focus should be on spectrum for next-generation gigabit wireless broadband technologies . o Licensed and unlicensed: Different services thrive under different licensing regimes , so we need ample amounts of both licensed and unlicensed spectrum to help foster a healthy diversity of wireless services. o 500 MHz goal and beyond : At a minimum , the prior administration's goal of making 500 MHz of spectrum available for wireless broadband by 2020 should be met. Consider establishing a new , more ambitious presidential goal for spectrum clearing. o Identify next bands : We must identify the next bands the government can free up for broadband . The 1300 MHz , 3 GHz , 6 GHz, and millimeter wave bands should be evaluated for consideration. 2. Streamline Federal Processes. Deployment of broadband infrastructure , whether on federal property or not , frequently requires complying with federal regulations , permitting authorities , and statutorily-mandated reviews . Any infrastructure bill should address the current hurdles and barriers at the federal level that could speed regulatory action and infrastructure deployment. o See sections 6 and 8 of S. 19, the MOBILE NOW Act. , as reported by the Senate Commerce Committee , as well as the draft streamlining legislation offered for discussion by the House Energy &Commerce Committee (House E&C) in March 2017. o Seek additional ways to expand access by private entities to federal property for the purpose of deploying broadband facilities. o Move to the FCC all federal programs providing subsidies and/or loan guarantees for broadband and telecommunications. 3. Seek Uniformity at State and Local Levels. The FCC has the authority to ensure that state and local statutes , regulations , and legal requirements do not block communications services and are competitively neutral. State and local rules and processes can vary wildly between jurisdictions , increasing compliance costs and significantly delaying project times . Anecdotally , some municipalities also use the siting process as a way to increase revenue. o Ensure that the FCC is fully utilizing its authority to ensure timely provision of next-generation communications services. o Encourage or require best practices among state and local siting processes . 4. Dig Once. When federally-funded highway projects are underway , it can be more cost-effective and efficient to simultaneously install broadband conduits , when practicable (while respecting differences among states). See section 7 of S. 19, and the draft conduit legislation offered by House E&C in March 2017. 5. Technology- and Competition-Neutrality. Federal laws or programs to encourage or foster broadband infrastructure should be technology-neutral and apply equally to all broadband providers . 6. Direct Any Additional Federal Funds via USF. The Universal Service Fund is a well-established federal program that is familiar to stakeholders and has clear oversight mechanisms . Any federal funding for broadband infrastructure should be directed to the USP High-Cost Program for the purpose of deploying broadband to households and communities that currently lack access to broadband. AMf-f {ICAN PVERSIGHT 2 CEQ-18-0173-B-000013 Staff Discussion Document This discussion document presents four categories of possible actions for consideration to improve the efficiency of our nation's infrastructure: (1) policy changes, or changes involving guidance, letters of interpretation, or other similar documents that can be amended without notice-and-comment ; (2) regulatory changes, often requiring notice-and-comment rulemaking; (3) statutory changes, or changes that necessitate Congressional action; and (4) requests not to finalize actions (i.e. , administrative actions that have been initiated or proposed but that should not be finalized, at least not without significant changes). The agencies included in this document are largely under the jurisdiction of the Senate Committee on Commerce , Science , and Transportation . Given that many of the infrastructure modes and service providers subject to the committee's jurisdiction are predominantly privately funded (e.g ., rail , pipelines , equipment manufacturers) , many of the changes below involve reducing regulatory burdens on operations . With more efficient operations , regulated entities are better able to invest private funds back in their capital assets and proven safety measures. Frequently used acronyms in this document include : A4A : Airlines for America AAAE : American Association of Airport Executives AAR : Association of American Railroads ACC: American Chemistry Council ACI: Airports Council International-North America AFPM : American Fuel & Petrochemical Manufacturers ANPRM: Advance Notice of Proposed Rulemaking API: American Petroleun1 Institute ASLRRA: American Short Line and Railroad Association ATA: American Trucking Associations BTS: DOT's Bureau of Transportation Statistics CTA: Consun1er Technology Association CTIA: Association representing the wireless con1111m1ications industry DHS: Department of Homeland Security DMA: Drone Manufacturers Alliance DOT: Department of Transportation ECP: Electronically-Controlled Pnemnatic brake EPA: Environmental Protection Agency FAST Act: Fixing America's Surface Transportation Act FCC: Federal Conunmlications Co1111nission FESSA : FAA Extension , Safety, and Security Act of2016 FHW A: Federal Highway Administration FISMA : Federal Infonnation Security Management Act FMCSA: Federal Motor Carrier Safety Administration FRA: Federal Railroad Administration GAO : Govenunent Account ability Office INGAA : Interstate Natural Gas Association of America IP: IP Investment Holdings Ltd. ITI : Information Technology Industry Com1cil MAP-21: Moving Ahead for Progress in the 21st Century Act MCSAP: Motor Carrier Safety Assistance Program NADA: National Automobile Dealers Association NASA: National Aeronautics and Space Administration NCTA: The Internet and Television Association NHTSA: National Highway Traffic Safety Administration NIST: National Institute of Standards and Technology NMFN: National Multimodal Freight Network NPRM: Notice of Proposed Rulemaking NRCMA: National Railroad Construction and Maintenance Association NTCA: The Rural Broadband Association NTIA: National Teleconununications and Information Administration ODI: NHTSA's Office of Defects Investigation PHMSA: Pipeline and Hazardous Materials Safety Administration PTC: Positive Train Control RRIF: Railroad Rehabilitation and Improvement Financing program Railway Supply Institute RSI: TSA : Transport ation Security Administration UAS : Unmanned Aviation System(s) USG : U.S. Govenunent UTM: UAS Traffic Management WIA: Wireless Infrastructure Association AMLHICAN pVERSIGHT 1 CEQ-18-0173-B-000014 St,~ffDiscussion Document A. Policy Changes Agency Policy Description Citation FRA Categorical Exclusions for Railroad Projects As directed by the FAST Act, in June 2016, FRA published a notice proposing two new categorical exclusions (CEs) - concerning geotechnica l investigations and refinancing activities - exempting such activities from review under the National Environmental Policy Act. CEs identify classes of actions that generally do not necessitate an enviromnental assessment or environmental impact statement. FRA received public comment for eight additional CEs that are applicable to highway projects but noc for rail projects (e.g., installation of fencing , shelters, warning devices where no substantial land acquisition or traffic disruption occurs). It also received comment to modify and expand two existing CEs concerning limited maintenance and rail line addition activities. To date, FRA has not finalized the two proposed CEs , eight suggested additions , or two suggested modifications . Industry points out that the limited list of CEs for rail, compared to highways, adds unnecessary time and cost to rail infrastructure projects . 81 FR 35437 (2016 notice); 78 FR 2713 (2013 notice setting out a list of CEs) . Note: FRA lists its CEs in policy guidance. FRA RR.IFCohorts The Railroad Rehabilitation and Improvement Financing (RRIF) program collects credit risk premiums (CRPs) from borrowers to offset the risk of direct loans. A CRP is a surcharge based on a borrower's creditworthiness. DOT is required to refund CRPs , minus any losses , when all of the loans in a cohort are repaid. The problem is that, over the life of the RRIF program, DOT has failed to define a cohort, so no borrower has received a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than defining cohort as all loans in a fiscal year, a definition consistent with regulations and legislative intent, DOT 's failure to act has implied a single cohort of all RR.IF loans - a legally dubious outcome harmful to reinvestment. Thus, despite repaying their loans, and receiving their loans in fiscal years in which all other borrowers have repaid , several railroads - mostly small businesses - have had their CRPs tied up at DOT. With a fiscal year cohort definition , over $ 15 million in CRPs would eligible for refunds and another $25 million in CRPs would be eligible in a shorter period of time. 45 U.S .C. 822, prior to enactment of the FAST Act. (Note: the loans eligible for a refund were provided prior to the FAST Act , which eliminated this requirement going forward .) Action for Consideration Expand the CEs for rail projects to include the CEs applicable to other modes and to incorporate other suggestions from public commenters. Stakeholder Contacts AAR Define RR.IF cohorts on a fiscal year basis , facilitating refunds and enabling private capital reinvestment. Chambers, Conlon & Hartwell, on behalf of NRCMAand ASLRRA 2 AM HIC.,AN pVERSIGHT 2 CEQ-18-0173-B-000015 Staff Discussion Document Agency Policy Description Citation FRA Section 106 Exemption for Railroad Projects The FAST Act directed the FRA to propose, and the Advisory Council on Historic Preservation (ACHP) to finalize an exemption from Section 106 review for railroad projects that is similar to the exemption granted for highway projects in 2005 . Section 106 of the National Historic Preservation Act (NHP A) provides for a historic perseveration consultation and analysis process . While FRA has developed its proposal , the ACHP is yet to finalize its exemption , which is due no later than June 2017 . Though ACHP is an independent agency, and it has not yet missed any statutory deadline , industry states the finalization of this exemption would be one of the FAST Act ' s most important provisions to accelerate the delivery of rail infrastructure projects . 49 U.S.C. 24202 FRA Wheel Impact Load Detectors In April 2015 , FRA published a safety advisory recommending adjustments to existing industry thresholds - wheel impact load detector measurements - that help inform when to repair or replace the wheels of certain tank cars, particularly crude oil and ethanol tank cars . Despite recommending major deviations from established industry practice , FRA did not include any analysis linking its specific thresholds to accident risk reductions, and it did not evaluate potential economic effects . The agency also did not seek public comment. Industry has stated that the recommended thresholds , if adopted, would lead to a high proportion of unnecessary wheel repairs and replacements with minimal safety benefit. Industry has also stated that the recommended thresholds fail to account for external factors that affect measurements. While the recommended thresholds are not legally-binding, industry is concerned with the liability risk created by the advisory. Safety Advisory 2015-01 Action for Consideration Work with the ACHP to finalize the Section 106 exemption for railroad projects. Stakeholder Contacts AAR,BNSF Railway Withdraw the safety advisory , at least until the agency provides a satisfactory analysis explaining the recommended thresholds and offers an opportunity for public comment. AAR 3 AMLHCAN pVERSIGHT 3 CEQ-18-0173-B-000016 Staff Discussion Document Agency Policy Description Citation FRA Hours of Service for Positive Train Control In September 2016, FRA sent to AAR an informal interpretation of its Hours of Service laws as applied to work related to Positive Train Control (PTC). The laws only apply to certain categories of employees . Whereas the agency previously interpreted the laws to apply to signal employees completing work directly related to the safe functioning of signal systems, the new informal interpretation expands coverage to include broader activities generally connected to PTC but not directly related to signal systems (e.g., replacing displays on locomotives) . The agency has not published a detailed legal analysis , sought public comment , or presented any evidence of safety problems addressed by the expanded coverage . Industry is concerned with the cost and practicality of the interpretation , particular ly when the agency has not presented a case for safety benefits . Informal interpretation of Hours of Service laws (49 U.S.C 21101 -21109) DOTI FHWA National Multimodal Freight Network In an effort to increase strategic transportation planning and resource allocation , the FAST Act required DOT to develop a National Multimodal Freight Network (NMFN) , comprising the National Highway Freight Network , Class I rai lroads, inland waterways , and intermodal facilities . DOT released the Interim NFMN in 2016 and received comments. Many stakeholders would agree that there need to be mileage additions to the Interim NMFN, particularly highway mileage. Section 8001 of the FAST Act , 49 70103 u.s.c. Action for Consideration Withdraw the informal interpretation, absent a compelling legal analysis and evidence of a safety problem addressed in a cost-effective manner by the interpretation . Stakeholder Contacts AAR In the final NMFN , automatically include any critical rural or urban freight corridors designated pursuant to 23 U.S.C. 167, even if designations occur after publica tion of the map. DOT should grant , or at least substantially consider requests by States for addition of mileage , particularly highway mileage , to the NMFN. Attorney John DeVierno on behalf of rural states 4 AMLHICAN pVERSIGHT 4 CEQ-18-0173-B-000017 Staff Discussion Document Agency Policy Description Citation PHMSA Manway Gasket Inspections In November 2016, PHMSA sent a letter of interpretation that requires offerors of product (i.e., shippers) for transportation to open a hinged and bolted manway and inspect a manway gasket regardless of whether the offeror used the fitting during loading or unloading. PHMSA did not provide evidence of the safety benefits that would occur from more frequent inspections of unused equipment. Industry states the interpretation deviates from established industry practice , and it could create unnecessary wear -and-tear on equipment , wastefu l resource expenditures , and car movement delays . Letter of Interpretation (No. 15-0031R) concerning 49 CFR 173.3l(d) PHMSA / FRA Routine Tank Car Procedures Informal guidance interpreting 49 CFR 179.6 FRA Plant Railroad Exclusion DOT staff have communicated to tank car owners that even routine tank car procedures must be performed only at AAR-certified facilities . However , many routine procedures (such as stenciling , bolting manways , and tightening valve packing) have regularly been completed by loading and unloading personnel. Tank car owners and shippers state that this interpretation severely slows down the movement of cars, because it increases the trips to facilities. It also leads to unnecessary expenditures on certified mobile repair units for routine /minor actions. FRA regulations provide an exception from track safety standards for "plant railroads," or railroads associated with industrial installations that are not considered part of the general system of railroad transportation. In 20 14, however, FRA defined plant railroad in a way that excludes shared switching service locations from the plant exception, so industrial facilities that share switching services in a confined geographic area no longer qualify for an exemption from track safety standards. Generally , industrial facilities share switching services when one location is too small to operate a plant railroad on its own, and it partners with another facility. These operations are low-speed, extremely similar to single plant railroads, and not well-suited to the broader track safety standards regime . FRA staff have verbally clarified that these shared services will be treated as plant railroads, but FRA has not formalized that interpretation . Interpretation of 49 CFR 213 .3 Action for Stakeholder Consideration Contacts Consider revising to ACC allow external, visual inspection of gaskets by receiving parties when the manway or other closures are not used during the unloading process . Allow ACC loading/unloading personnel to complete routine tank car procedures . Consistent with verbal explanations, explicitly clarify that shared switching services within a single boundary are considered part of the plant railroad exclusion. ACC 5 AMLHCAN pVERSIGHT 5 CEQ-18-0173-B-000018 Staff Discussion Document Agency Policy Description Citation PHMSA Processing of Special Permits and Approvals 49 CFR 107 Subpart B and Subpart H, and Appendix A to Part 107 DOT I BTS Port Metrics DOTI NHTSA ODI implementation of Inspector General recommendations and restructuring Under current regulation , certain hazardous materials cannot move without a special permit or approval from PHMSA. Generally , an approval authorizes the movement of designated materials (e.g., explosives) , and a permit authorizes a specific function not authorized under regulation. In 2009 , PHMSA expanded the paperwork burden and processing times associated with special permits or approvals , creating a multi-tier signoff approach . In 2015 , following widespread delays that hindered the movement of goods , the FAST Act directed PHMSA to limit processing time to 120 days and institute new transparency measures . Though PHMSA has made some improvements , the U.S . still lags behind other industrial nations in the time needed to complete review , and industry states the slow processing time hinders American competitiveness . The FAST Act included a research provision that required a working group to develop metrics to measure the performance of port facilities . Currently , there is no consistent measurement of efficiency for ports , which means that shippers lack the information required to make informed decisions. The members of the working group were appointed by the Secretary in 2016 , and the first annual report was released on January 17, 2017. However , the first annual report failed to develop any usable metrics. Under the FAST Act, the vehicle safety program at NHTSA is authorized to receive an increase in funds if the Secretary certifies that NHTSA has implemented all the recommendations identified in the DOT Office of Inspector General's (OIG) 2015 audit report on NHTSA ' s efforts to identify and analyze vehicle safety concerns. While the Committee received then-Secretary Foxx's certification , the OIG maintains that NHTSA has not completed five OIG recommendations. Until NHTSA fully implements the recommendations , the Committee does not belie ve that the agency has met the requirements of the FAST Act. Therefore , congressionally approved increases in authorization levels for vehicle safety therefore cannot be fully implemented . Action for Consideration Consider streamlining special permits and approvals process to reduce processing time and better comply with statutorily mandated time limits. Section 6018 of the FAST Act , 49 6314 When developing the second annual report , as required by the FAST Act , ensure the product includes usable metrics. Section 24102 of the FAST Act Ensure NHTSA fully implements the recommendations and then issue a new certification once closed u.s.c. Stakeholder Contacts IP 6 AMLHICAN pVERSIGHT 6 CEQ-18-0173-B-000019 Staff Discussion Document Agency Policy Description Citation DOTI NHTSA Federal Automated Vehicles Policy DOT recently issued a Federal Automated Vehicles Policy. It is important to retain federal leadership with respect to automated vehicles, and there are a number of changes and clarifications to this policy that may be needed prior to carrying out the guidance. For example, there is concern that recommendations in the guidance may lead to state mandates that seek to require NHTSA ' s voluntary guidance . NHTSA also issued a Paperwork Reduction Act notice for the proposed collection of vehicle performance guidance . Stakeholders have expressed concern that the information to be collected requires clarification . 81 FR 85917181 FR 65703 181 FR 65709 DOTI NHTSA Cybersecurity NHTSA issued proposed guidance for improving motor vehicle cybersecurity. This proposed guidance came shortly after industry developed best practices through the Automotive Information Sharing and Analysis Center. 81 FR 75190 DOTI NHTSA Petitions and interpretations NHTSA has not responded to a number of outstanding industry petitions , such as adaptive driving beam headlamps (submitted in 2013) and camera-based rear and side -view mirrors (submitted in 2014) . NHTSA should respond to them in a timely fashion . This will be especially important for petitions involving automated vehicle technology . Action for Consideration Work with stakeholders and Congress to develop an update to the Federal Automated Vehicles Policy prior to the submission of safety assessment letters . Given cyber threats and technologies move much faster than regulation , cybersecuri ty should be addressed in partnership with industry . Any guidance and best practices should be based on risk management. Support the voluntary use of the NIS T Framework for Critical Infrastructure Cybersecurity. Respond to petitions and interpretations in a timely manner. Stakeholder Contacts Auto Alliance , Global Automakers Auto Alliance Auto Alliance 7 AMLHICAN pVERSIGHT 7 CEQ-18-0173-B-000020 Staff Discussion Document Agency Policy Description Citation DOT Small Community Service The FAA Extension , Safety, and Security Act of 2016 (FESSA) directed DOT to convene a working group to address issues related to the reliability of commercial air service to rural communities , including issues surrounding pilot training. P.L. 114-190, Section 2303 FAA/ NIST UAS Identification Standards P.L. 114-190, Section 2202 FAA/ NASA UAS Traffic Management (UTM) TSAI DHS Airport Checkpoints Pilot Program Implementation FESSA directed FAA and NIST to collaborate with the Radio Technical Commission for Aeronautics (RTCA) to develop easy-to-use identification tools for UAS , including consumer electronics . Making it easier to identify UAS (and, by extension , the operator of a particular unmanned aircraft) is an important step toward accountability and regulatory certainty in the UAS arena . FESSA directed FAA to work with NASA to develop a research plan and pilot program with respect to a UTM system. As with the identification standards noted above , this system could facilitate entirely new economic oooortunities for UAS operations. TSA has not yet implemented a series of pilot programs in FESSA to facilitate airport checkpoints of the future. Doing so could improve efficiency at our nation's airports. TSA PreCheck Enrollment Expansion Last year , the Obama Administration pulled back a yearlong effort to expand TSA PreCheck enrollment at airports. PreCheck is popular not only for the convenience it offers , but also for the security benefit of vetting more passengers in advance of travel , as well as addressing the need to clear long lines in non-sterile areas of airports to eliminate soft targets . P.L . 114-90, Sections 3103 , 3102 Action for Consideration Continue focus on getting working group recommendations to address issues within scope , and policy solutions thereto . Develop consensus standards as soon as possible . P.L . 114-190, Section 2208 Ensure that this effort remains a priority . P.L . 114-90, Sections 3502 , 3503 Implement pilot programs by developing , testing , and deploying new security systems at selected airports. Review to see if the old RFP can be reissued and expedited . If not , recommend starting over but expediting the process to effectively pick up where TSA left off. Also approve private sector marketing of the program . Stakeholder Contacts DMA AAAE , ACINA AAAE , ACINAA4A, Delta Airlines 8 AMLHICAN pVERSIGHT 8 CEQ-18-0173-B-000021 Staff Discussion Document Agency Policy Description Citation NIST FISMA implementation According to GAO, federal agencies have not implemented numerous NIST standards and guidelines to protect their information security programs from cyber threats. While the nexus to infrastructure may not be readily apparent, improving the security of government systems should have benefits for infrastructure-related contractors, grant applicants , and private sector partners who entrust their information to the federal government and rely upon the security of its systems . P.L. 107-347 , P.L. 113-283 NIST Cybersecurity Framework for Critical Infrastructure The Cybersecurity Enhancement Act of 2014 directed NIST to facilitate the development of a voluntary set of standards and best practices to cost-effectively reduce cyber risks to critical infrastructure . The NIST Framework has been well received by public and private sector stakeholders . An ongoing commitment to this voluntary framework would promote the cybersecurity of the nation ' s critical infrastructure . P.L. 113-274 NASA Termination Liability After the Obama Administration ' s decision to cancel the Constellation program , NASA provided guidance to contracting personnel on NASA's termination liability policies. The guidance requires contractors to manage their obligations to include any potential termination liability costs within the allotted contract funding under the limitation of funds clause. Thus , contractors are required to hold aside in reserve significant funding against the potential possibility that the government might terminate its contracts . This has resulted in millions of dollars being held in reserve by contractors for programs including the Space Launch System (SLS) and Orion crew capsule . 12-04 Procurement Information Circular , March 26, 2012. https: //www.hq .na sa.gov/office/proc urement /regs /pic 1 2-04.html Action for Consideration Direct federal agencies to more fully implement NIST standards under FISMA to improve federal IT network cvbersecuri tv. Publicly endorse the NIST Cybersecurity Framework , and continue to work with the private sector to update it. Review and potentially change guidance on NASA's current termination liability practices and determine if the funds should be spent to execute the programs rather than being held in reserve for potential termination of the contract. Stakeholder Contacts U.S . Chamber of Commerce , ITI, US Telecom , etc . SLS/Orion stakeholders : Boeing , Lockheed Martin, Aerojet Rocketdyne , OrbitalA TK 9 AMLHCAN pVERSIGHT 9 CEQ-18-0173-B-000022 Staff Discussion Document Agency Policy Description Citation White House/ NTIA Fulfilling 500 MHz Goal A 2010 Presidential Memorandum called for making 500 megahertz (MHz) of federal and non-federal spectrum available on licensed or unlicensed basis for wireless broadband by 2020. At the end of 2016, with the broadcast TV incentive auction still underway , only 245 MHz had been so allocated. Even with the closure of the incentive auction (which will make 84 MHz availab le for broadband , 70 MHz for licensed and 14 MHz for unlicensed) , more work needs to be done to reach the 500 MHz goal. As discussed below in this table, under the topic of potential legislation , the Thune-Nelson MOBILE NOW Act (S. 19 in the 115th Congress) would codify the requirement to make 500 MHz of spectrum available - and support for this legislation is encouraged - but the administration could also pursue this goal on its own. Presidential Memorandum: Unleashing the Wireless Broadband Revolution, June 28, 2010 . NTIA 3.1-3.55 GHz Sharing The 3 GHz band is well suited for current -generation and nextgeneration mobile broadband services . The FCC designated the 3.55-3.7 GHz band for Citizens Broadband Radio Service, which utilizes a unique multi-tiered sharing framework; this sharing framework may be suitable for use throughout the rest of the 3 GHz band. FCC 12-354 NTIA Millimeter Wave Bands High-frequency spectrum , known as millimeter waves, is well suited for next-generation wireless broadband services like 5G . It can take many years for new frequency bands to be designated and cleared, both domestically and internationally , for broadband . Other countries are moving ahead with identifying millimeter wave frequencies for nextgeneration wireless. Action for Consideration Take immediate steps to identify the next band of federal spectrum to be cleared for auction. State a presidential commitment to completing the 500MHz-by-2020 goal. Consider establishing a new , further presidential goal for spectrum clearing . Evaluate the feasibility of allowing wireless services, licensed or unlicensed, to share use of the 3.1-3.55 GHz band. Conduct a feasibility assessment of authorizing wireless operations, including advanced mobile service operations, in all suitable millimeter wave bands, including : 31.833.4 GHz, 71-76 GHz, and 81-86 GHz. Stakeholder Contacts CTIA CTIA, Nokia CTIA, Nokia 10 AMLHCAN pVERSIGHT 10 CEQ-18-0173-B-000023 Staff Discussion Document Agency Policy Description Citation NTIA Reallocation Incentives Federal agencies use wireless spectrum to carry out their missions on behalf of the public , but spectrum is also in high demand for private sector purposes , like wireless broadband. Federal spectrum managers pay little attention to the opportunity cost to the economy of their spectrum use. There may , however , be ways to incentivize federal entities to relinquish , or share , federal spectrum to allow non-federal wireless broadband services to operate on such spectrum , and to do so in a manner where such federal entities also benefit from allowing such non -federal use . See the MOBILE NOW Act (S. 19) Action for Consideration Develop regulatory and legislative recommendations on how to create reallocation incentives for Federal spectrum users . Stakeholder Contacts CTIA B. Regulatory Changes Agency Regulation Description FRAI Electronically Controlled Pneumatic (ECP) Brakes Requirement Among other requirements , the 2015 tank car rule required ECP brakes on certain trains - by 2021 for crude oil trains and 2023 for ethanol trains - despite concerns that DOT did not have sufficient evidence of the brakes' safety performance in derailment scenarios and did not accurately capture the results of pilot programs. Following the DOT rule , the FAST Act required (1) the GAO to conduct an evaluation ofDOT's analysis of the benefits and costs of ECP brakes and (2) the National Academies of Sciences (NAS) to conduct real-world testing of ECP brakes in an emergency scenario . The GAO found that DOT' s ECP brake rule had significant data limitations , lacked transparency , and failed to account for uncertainty. The initial NAS report stated that DOT did not have adequate validation of its safety model and failed to account for the lag time of ECP brakes in its model. Furthe r, the NAS stated that DOT failed to justify the variable selected in its test plan . After fully incorporating these studies into an updated analysis , the Secretary of Transportation is required to decide whether to uphold the ECP rule within her first year on the job. PHMSA Citation Action for Consideration Part of PHMSARepeal the 2012-00 82 (HM requirement. The 251). In evidence to date particular , suggests that the 174.31 0(a)(3)(ii) , Secretary will not be 174.31 O(a)(3)(iii) , able to justify the 174.31 0(a)(5)(v) , ECP brakes 179.202-10, requirement in l 79.202-12(g) , accordance with the and l 79.202FAST Act. If the 13(i). Secretary does not publish a justification, the FAST Act directs the Secretary to repeal by December 4, 2017 . Stakeholder Contacts AAR (primary) , ASLRRA , RSI , API , AFPM , IP 11 AMLHICAN pVERSIGHT 11 CEQ-18-0173-B-000024 Staff Discussion Document Agency Regulation Description Citation FRA Training Standards The Rail Safety Improvement Act of 2008 required the FRA to set minimum training standards for each craft (category) of safety-related employee working for railroads and railroad contractors and subcontractors. FRA has chosen to implement this requirement by mandating extensive training plans . Small business organizations - representing over 500 small railroads and 200 railroad contractors - have had extraordinary difficulty understanding the needed contents of these plans and getting their draft plans accepted by FRA . Many are at significant risk of missing the May 2017 deadline for model plans (i.e., when organizations must get approval for templates that then can be customized by individual member small businesses) , and the failure to meet the model plan deadline could lead to significant pressure and burden on small businesses to meet subsequent deadlines for individual company plans . Class I rail roads, with large compliance and training departments, are not at risk; the issue is mostly with smaller businesses. 49 CFR Part 243 Action for Consideration Provide additional guidance to small business organizations (i.e., non-Class I railroads) on the specific contents of each model training plan for each craft of employee , extend the deadline for model plan submissions until the small business organizations have had time to use that guidance to inform their model plans , and allow small businesses time to adopt the model plans. Stakeholder Contacts ASLRRA , NRCMA 12 AMLHCAN pVERSIGHT 12 CEQ-18-0173-B-000025 Staff Discussion Document Agency Regulation Description Citation FRA System Safety Program 49 CFR Part 270 FRA Cab Signal Requirements The Rail Safety Improvement Act of 2008 required the FRA to establish risk reduction programs - structured safety processes to identify and mitigate risk - for Class I railroads, certain small railroads, and railroad carriers that provide intercity passenger service. FRA has chosen to separate the requirements for freight and passenger railroads. The final rule for passenger railroads , called the "System Safety Program (SSP)," was published in July 2016 and bas not yet been fully implemented . The major problem with the rule is that it can be interpreted to define States as railroads even if they pay Amtrak or other providers for railroad services but do not operate a railroad . Not only do these States not have the capacity to comply with the SSP , the interpretation of States as railroads has major unintended consequences for labor and other laws. FRA has unsuccessfully addressed the issue in guidance documents . Under current regulation , railroads generally are required to receive FRA approval prior to discontinuing or materially modifying any signal system, including block signa l systems, cab signal systems, and train control systems. Though positive train contro l (PTC) is redundant with existing cab signal systems, FRA has refused to automatically permit railroads to discontinue cab signal systems where PTC is implemented, and the agency has implied that it is inclined to disapprove case-by -case requests. As PTC is fully implemented in the coming years, without a change in policy, railroads would have to spend significant resources maintaining an obsolete cab signal system superseded by PTC. More broadly, small railroads have stated that the entire signal system approval process in regulation creates unnecessary paperwork burden and does not materially improve safety , because railroads are still required to follow signal systems rule directly tied to safe operations . 49 CFR Part 235 and 49 CFR 232.205 Action for Consideration Amend the rule to specifically acknowledge that the rule does not apply to States or other public entities who (1) own - but do not operate railroads or railroad equipment ; or (2) provide financial support for - but do not operate - intercity passenger rail service . Stakeholder Contacts States for Passenger Rail Coalition (including Maine, Vermont, North Carolina, Indiana , and California services) Limited option: allow the discontinuation of cab signal systems where PTC is implemented. AAR , AS LRRA Bolder option: overhaul signal system approval processes to reduce the number of activities requiring FRA approval. 13 AMLHICAN pVERSIGHT 13 CEQ-18-0173-B-000026 Staff Discussion Document Agency Regulation Description Citation Action for Consideration Consider harmonizing intermediate and "off-air " brake test regulations with the less burdensome regulations from Transport Canada . Stakeholder Contacts AAR FRA Brakes Tests: Intermediate and When "Off Air" Under current regulation , FRA limits the distance a train can travel in between brake tests. Many U.S. trains cannot travel more than 1,000 miles before they are required to have a Class IA brake test (i.e., an intermediate brake test). Transport Canada , which oversees similar rolling stock as in the United States , does not impose such limits . In addition , many U.S . trains require brake tests when cars have not been connected to a source of compressed air (i.e., " off-air") for more than four hours , whereas Transport Canada sometimes allows more than 24-hours before requiring a brake test. Industry states that , especially considering developments in rolling stock technology , FRA has not presented a case that the U.S . regulations materially improve safety compared to the Transport Canada regu lations , and the U.S. regulations are significantly more burdensome . Intermediate brake tests: 49 CFR 232.207 and 232.213 . Brake tests when "off air" : 49 CFR 232 .205(a) (3), 232 .21 l(a)(S) , and 232 .217 (c )(1 ) . FRA Quarter ly Locomotive Inspections Under current regulation , railroads must conduct a comprehensive locomotive inspection every 92 days , without factoring the use , or 184 days in the case of locomotives with advanced microprocessor-based monitoring systems. Many small railroads do not operate daily , and they typically operate at lower speeds , over shorter distances, and for less time . Moreover , the industry states that the vast majority of the inspection focuses on maintenance issues , not core safe functioning of locomotives. 49 CFR 229 .23 Consider modifying the regulation to provide relief to small railroads that use their locomotives less intensively. ASLRRA PHMSA Class Location Requirements Class location requirements , which set criteria for allowable operating pressure , are redundant and out-of-date , since they have been replaced with more sophisticated integrity management procedures and inspection methodologies in a 2003 DOT rule for gas pipelines . 49 CFR 192.611 Consider eliminating regulatory overlap, since updated class location requirements exist in 2003 integrity management rule. INGAA 14 AMLHCAN pVERSIGHT 14 CEQ-18-0173-B-000027 Staff Discussion Document Agency Regulation Description Citation Action for Consideration Upon implementation of ELDs, repeal the paperwork requirement. FMCSA Supporting Documentation for Hours of Service (HOS) Drivers and motor carriers are required to maintain supporting documents verifying driver time logs. With the implementation of Electronic Logging Devices (ELDs), scheduled for December 2017, there should no longer be a need for such supporting documents. ELDs track driving hours and on and off-duty time more accurately and consistently than paper logs. 49 CFR 395.11 NHTSA/ FMCSA Speed Limiting Devices 49 CFR 393; 49 CFR 571 NHTSA and FMCSA must consider if this change will increase unsafe passing behavior , especially in rural areas with two-lane traffic . DOT/NHTSA Highway Safety Grants Speed limiters are electronic devices that prohibit a commercial vehicle from exceeding a pre -programed maximum speed . Most commercial trucks already have speed limiters installed , but there is currently no federal requirement that they be used . Some carriers voluntarily set the limiters on vehicles in their fleets to 65 or 68 miles per hour to achieve fuel savings and to reduce the severity of crash incidents . On September 7, 2016 , NHTSA and FMCSA jointly issued an NPRM , which would require speed-limiting devices to be installed on all newly manufactured multipurpose vehicles, buses, and trucks weighing more than 26,000 pounds and to set the devices to a uniform speed. The NPRM considered 60, 65, or 68 mph as the potential speed limit options. Several industry groups have expressed concerns with the lack of data behind the differentials in speed, Limiting the speed of commercial motor vehicles (CMVs) may lead to unintended consequences and increase the frequency of passenger vehicles entering the oncoming lane or traffic to pass slower CMVs. Pursuant to the FAST Act, NHTSA issued an Interim Final Rule (IFR) for uniform procedures implementing state highway safety grants . Although the FAST Act provided the states additional flexibility on highway safety to allow states to address unique challenges , some requirements in the IFR suggested non-statutorily directed burdens on states . 81 FR 32553 Consider comments from the states for greater flexibility in the highway safety grants final rule Stakeholder Contacts ATA Attorney John DeVierno on behalf of rural states 15 AMLHICAN pVERSIGHT 15 CEQ-18-0173-B-000028 Staff Discussion Document Agency Regulation Description Citation DOT/NHTSA Corporate Average Fuel Economy (CAFE) standards 49 USC 32901 et seq; 49 CFR 531, 49 CFR 533, 49 CFR 536 DOT/NHTSA Motor Vehicle Safety Whistleblower Awards Three agencies (EPA, NHTSA, and California Air Resources Board) regulate auto emissions. NHTSA implements the Corporate Average Fuel Economy (CAFE) standards, while the EPA implements the Greenhouse Gas Emission (GHG) standards. NHTSA recently agreed to partially grant a petition for rulemaking to address inconsistencies and procedural issues between the two programs , and the Trump administration is already seeking to address the Obama EPA's rushed , last-minute decision on GHG rules that would have made it difficult for NHTSA to set an achievable fuel economy standard . The FAST Act authorized the DOT Secretary to provide a whistleblower award to auto employees who report serious safety violations that result in monetary sanctions . Since enactment , NHTSA has taken no steps to publicize this authority , nor has it issued a proposed rule to implement the law. DOT/NHTSA Updates to Monroney Sticker and New Car Assessment Program The FAST Act directed a rule to ensure that crash avoidance technology information is indicated next to crashworthiness information on Monroney Stickers. NHTSA has not finalized such a rulemaking. NHTSA has, however , begun an effort to update the New Car Assessment Program to keep pace with advanced technologies. FAST Act Sections 2435124352 FAST Act Sections 2432124322/80 FR 78521 Action for Consideration Look for ways to further harmonize the NHTSA, EPA , and California programs via regulation and, if necessary , statutory changes. Stakeholder Contacts Auto Alliance and Global Automakers Any infrastructure plan should include provisions that underscore a commitment to highway safety . These should include a public commitment to implement the whistleblower award program. Fully implement the Monroney Sticker crash avoidance direction in a timely manner; carefully consider potential updates to the New Car Assessment Program . 16 AMLHCAN pVERSIGHT 16 CEQ-18-0173-B-000029 Staff Discussion Document Agency Regulation Description Citation FAA UAS Integration While the FAA has made progress on UAS integration, in particular the release of Part 107, the agency must continue efforts to integrate UAS into the national airspace. (While included in this table because of the potential impact on infrastructure writ large, this issue is most likely to be addressed in the upcoming FAA reauthorization .) TSA/DHS Security technology procurement TSA has failed to effectively and efficiently roll out new technologies at passenger screening checkpoin ts, and communicate future techno logy needs to industry . To the extent that topic of infrastructure is approached broadly - to include the efficient operation of the nation's airports efforts to improve TSA technology procurement should be considered for inclusion in the effort. P.L. 113-245 Action for Consideration The FAA should continue to promulgate rules that allow for commercial and recreational uses of UAS to safely proceed . In this instance , additional regulations will open up opportunities for industry . Streaml ine the acquisition and procurement process for new security technologies . Approve and deploy languishing technologies like Credential Authentication Technology and automated screening lanes. Revise and update the 5-year Strategic Technology Investment Plan. Stakeholder Contacts DMA, Small UAV,AFPM, AUVSI Security Manufacturers Coalition, Airport Consultants Council , AAAE, ACINA 17 AMLHCAN pVERSIGHT 17 CEQ-18-0173-B-000030 Staff Discussion Document Agency Regulation Description Citation FCC Standalone Broadband The Universal Service Fund (USF) supports broadband service in rural parts of the country where it would otherwise be uneconomical to serve. Because USF was originally a telephone-subsidy program , it has been transitioned to a broadband-focused program over several rulemakings. In doing so, however , USF support for broadband has been conditioned on also offering telephone service , which is in rapid decline . The FCC's rules have thus made it difficult for rural broadband providers to offer service and rates that are "reasonably comparable " to those in urban areas , as required by the universal service statute . FCC WC Docket No. 10-90 Action for Consideration The FCC should take action to ensure USF mechanisms allow providers to off er standalone broadband service on "reasonably comparable " terms and that sufficient resources are available to support such service . Stakeholder Contacts NTCA Evaluate the feasibility of allowing wireless services, licensed or unlicensed, to share use of the 3.7-4.2 GHz band . CTIA, Nokia, NCTA Note: As an independent agency, the actions recommended herein for the FCC could be encouraged by the Congress or the administration, or required through legislation. Chairman Thune and a number of senators, on a bipartisan basis, have urged the agency to act on the standalone broadband issue. FCC 3.7-4.2 GHz Sharing The 3 GHz band is well suited for current-generation and next-generation mobile broadband services. The FCC designated the 3.55-3 .7 GHz band for Citizens Broadband Radio Service , which utilizes a unique , multi-tiered sharing framework ; this sharing framework may be suitable for use throughout the rest of the 3 GHz band. FCC 15-47 18 AMLHCAN pVERSIGHT 18 CEQ-18-0173-B-000031 Staff Discussion Document Agency Regulation Description Citation FCC Millimeter Wave Bands High-frequency spectrum, known as millimeter wave, is well suited for next-generation wireless broadband services like 5G. It can take many years for new frequency bands to be designated and cleared, both domestically and internationally, for broadband. Other countries are moving ahead with identifying millimeter wave frequencies for nextgeneration wireless. FCC 16-89 FCC State and Local Siting Section 253 of the Communications Act requires the FCC to ensure that state and local statutes , regulations , and legal requirements do not have the effect of prohibiting the ability of any entity to provide telecommunications service, and that state regulations are competitively neutral. 47 U.S.C. 253 Action for Consideration Take steps to authorize wireless operations, including advanced mobile service operations, in all suitable millimeter wave bands , including consideration of the following bands : 24.25 -24.45 GHz, 25.05-25.25 GHz, 31.8-33.4 GHz, 4242.5 GHz, 71-76 GHz, and 81-86 GHz . Assess whether the FCC ' s current implementation of sec. 253 is sufficient to ensure timely provision of nextgeneration services. Stakeholder Contacts CTIA, Nokia Nokia , CTIA, WIA 19 AMLHCAN pVERSIGHT 19 CEQ-18-0173-B-000032 Staff Discussion Document C. Statutory Changes Agency U.S. Coast Guard / EPA Statute/ Legislation Commercial Vessel Incidental Discharge (VIDA) Act (S.168 in the 115th Congress) DOT Use of Formula Allocations (for infrastructure spending) FMCSA Motor Carrier Safety Assistance Program (MCSAP) Description Citation Currently, ballast water discharges and discharges incidental to the normal operation of a vessel are regulated by the Coast Guard , EPA , and states. Thus a vessel transiting through the waters of multiple states will have to comply with a patchwork of regulations . Additionally , some states have ballast water discharge regulations that are currently impossible to comply with , creating uncertainty and confusion for the industry . S. 168 would create a science -based , national uniform standard for ballast water and incidental discharges , which would protect the environment , while not placing an undue burden on industry . As shown by the 83 to 16 Senate vote in favor of the FAST Act, the existing formula shares for States are well-understood and supported by Congress . Formula shares can be adapted to any infrastructure funding approach - whether direct spending on existing programs or project -based support. Authorized infrastructure grant programs, such as the highway programs authorized under the FAST Act, have been refined over decades to improve return on investment; they also have established planning and oversight components. Importantly, they work for rural areas, which often cannot support transportation infrastructure privately financed through tolls or other mechanisms. Beginning in FY 20 17, the FAST Act consolidates several FMCSA grant programs into two primary grant programs - the MCSAP Basic program and MCSAP High Priority program. S. 168 Action for Consideration Consider supporting this bipartisan legislation , consistent with other regulatory streamlining initiatives . P.L. 114-94 In any funding bill , including a comprehensive infrastructure plan, ensure support allows each State to benefit in a similar proportion as its respective formula share. Section 510 l of the FAST Act; 49 U.S .C. 31102 To the extent that grants for motor carriers are included in the infrastructure package , allocate funds to the MCSAP Basic and High Priority programs as intended under FAST Act. Stakeholder Contact 20 AMLHCAN pVERSIGHT 20 CEQ-18-0173-B-000033 Staff Discussion Document Agency FRA Statute/ Legislation Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program Description Citation The FAST Act authorizes three rail infrastructure grant programs. The CRISI program, authorized at $230 million for FY 2018 , uses cost-benefit analysis principles to select freight and passenger rail projects, and it includes a 25 percent rural set-aside. The FY 2017 Senate Transportation, House and Urban Development appropriations bill would fund this program at $50 million , the most of any rail grant program . Because the government was funded by a Continuing Resolution , these funds were not provided . Of the rail grant programs , it has the broadest eligibility and geographic scope and best prioritizes cost-effective projects . Section 11102 of the FAST Act; 49U.S.C. 24407 Action for Consideration To the extent that grants for rail infrastructure are included in the President's Budget or a funding bill, allocate most rail grant funds to the CRISI program . Stakeholder Contact FRA Advance acquisition For some types of projects , the Moving Ahead for Progress in the 21st Century Act (MAP-21) allowed , with various conditions , the acquisition of certain property interests prior to the completion of the National Environmental Policy Act review for the full project. This authority expedites property acquisition that is often essential for project development, saving time and money. However, it applies to projects under Title 23, such as highway projects , but not railroad projects under Title 49. 23 U.S.C. 108 Apply modified and expanded version of the advance acquisition framework to rail projects. Amtrak FRA Emergency Escape Breathing Apparatus (EEBA) The Rail Safety Improvement Act of 2008 required the FRA by February 2011- to issue regulations that require railroads to provide an atmosphere-supplying emergency escape breathing apparatus to the train crew members and other employees while they are occupying the locomotive cab of certain freight trains. Though FRA issued a proposed rule in 2010, and guidance in 2016 , the agency never finalized a rule on this topic , because the costs were likely to vastly exceed the benefits ; FRA has internally concluded that the mandate would not be an efficient allocation of resources . Small railroads have raised particular concern with the relative burden on their operations . 49 U.S.C. 20166 Allow voluntary compliance, consistent with the 2016 guidance issued by FRA ; repeal the statutory mandate. ASLRRA 21 AMLHICAN pVERSIGHT 21 CEQ-18-0173-B-000034 Staff Discussion Document Agency DOT/NHTSA Statute/ Legislation Exemptions from one or more Federal Motor Vehicle Safety Standards for automated vehicles Description Citation Many Federal Motor Vehicle Safety Standards may present conflicts with the testing and deployment of self-driving vehicles. It is important to look for ways to expand the current exemption process or create a new conditional process to allow for the safe and efficient deployment of these vehicles. 49 USC 30113 Action for Consideration Consider updates or reforms to allow the safe and efficient deployment of selfdriving vehicles . Stakeholder Contact Auto Alliance and Global Automakers Note: Sens. Thune and Peters are currently drafting such legislation. FAA UAS Drone Mitigation Pilot Project FESSA included direction for the FAA to initiate a pilot program for mitigating drone threats near airports . Due to a lack of specific input from the Obama Administration , Congress did not provide a waiver from certain title 18 criminal charges (dealing with hijacking/takeover of an aircraft) for this pilot program . The lack of such a waiver has hamstrung the pilot program, which was intended to improve the security of aircraft and airport infrastructure. P.L . 114-190, Section 2206 FAA Small Airport Regulatory Relief Due to cutbacks in air service to small communities having little to do with demand, certain small airports are at risk of losing needed airport infrastructure funding . P.L . 114-190, Section 2301 USG Communications Facilities Deployment on Federal Property Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 made it easier for private entities to apply for easements or rights-of-way to deploy wireless facilities on Federal property , yet the benefits of this law have not been fully realized due to agency intransigence . Further legislation is necessary to clarify agency requirements and to further streamline Federal processes. The MOBILE NOW Act (S. 19) Help Congress push for the title 18 exceptions so FAA can proceed beyond simple surveillance to actual mitigation as part of the pilot program authorized in 2016's FAA Bill Extending the current statutory relief for such airports should be proposed . Support S. 19. Include similar . . prov1s1ons m any infrastructure bill dealing with broadband or telecommunications. CTIA, WIA 22 AMLHICAN pVERSIGHT 22 CEQ-18-0173-B-000035 St,~ffDiscussion Document D. Requests not to finalize Agency Regulation Description Citation Action Needed FRA Train Crew Staffing In March 2016, FRA issued a proposed rule to establish minimum requirements for the size of train crews , depending on the type of operation . In particular , it would require most major rail operations to receive approval from FRA prior to moving to oneperson crews . FRA would have sweeping discretion to disapprove operations that it believes do not have an appropriate level of safety. FRA acknowledged in the proposed rule that there is insufficient data to prove increased safety risk with one-person crews , and the NTSB stated that there is insufficient data to demonstrate that single -point failure accidents are avoided by having a second qualified person in the cab. Industry stated the proposed rule does not contain objective or performance-based criteria for railroads to ascertain their exact regulatory target, undercutting labor negotiations and increasing uncertainty for future innovations . 81 FR 13917 Do not finalize. Consider collecting more data and revising the NPRM to set more defined , performance-based criteria that can be linked to specific potential issues created by moving from two-person to one-person crews. PHMSA Crude Oil Volatility In January 2017 , PHMSA published an ANPRM to consider establishing vapor pressure limits for crude oil transported by any mode. Within the crude oil transportation policy debate, volatility is often discussed synonymously with the vapor pressure of crude oil. According to PHMSA , light, sweet crude oil - such as Bakken oil - tends to have higher gas content than other types of oil, potentially creating higher vapor pressure or volatility. Industry would like PHMSA to wait for the results of a crude oil characteristics study currently underway at Sandia National Laboratory, which is expected to be completed by late 2017 or early 2018 . Initial findings from Sandia have identified limitations and opportunities with the current state of scientific knowledge on vapor pressure and risk. 82 FR 5499 Do not finalize. Consider waiting for the completion of the full study from the Sandia National Laboratory until deciding whether to take further action. Stakeholder Contact AAR , RSI API, AFPM 23 23 CEQ-18-0173-B-000036 Staff Discussion Document Agency Regulation Description Citation Action Needed PHMSA Gas Transmission Pipelines Another PHMSA NPRM extends reporting requirements to rural gathering and gravity lines, expands leak detection system requirements and integrity management practices to pipeline segments outside of high-consequence areas (HCAs), extends reporting requirements to gathering lines, and requires that all pipelines in HCAs accommodate inline inspection tools. 82 FR20722 DOTI NHTSA Proposed Phase II Driver Distraction Guidelines 81 FR 87656 DOTI NHTSA Civil Penalty Procedures NHTSA recently proposed guidelines governing portab le and aftermarket electronic devices in an effort to reduce driver distraction . While efforts to reduce distracted driving are welcome , it is an overreach for the agency to regulate smartphones and associated apps. The effort also diverts resources away from other safety initiatives that are central to NHTSA ' s mission . The FAST Act tied an increase in civil penalties for Safety Act violations to the issuance of a final rule on civil penalty factors . NHTSA finalized that rule, but it proposed to assess unilaterally civil penalties for vehicle safety violations under 49 USC 30165 , instead of compromising penalties and relying on the Department of Justice to assess penalties when an action is not compromised. NHTSA cited a minor wording change contained in MAP -21 to justify this approach. The agency's interpretation ofMAP-2 1 is suspect , and other relevant sections of the code also cast doubt on the rationale for NHTSA's effort. Consider revising the NPRM to incorporate performance -based criteria and utilize industry best practices (such as API RP 80) to address issues . Carefully review the phase II guidelines . 49 CFR 578 Do not finalize action to assess civil pena lties unilatera lly. Stakeholder Contact API CTA Auto Alliance , Global Automakers , NADA 24 AMLHCAN pVERSIGHT 24 CEQ-18-0173-B-000037 Re: FRA/DOT help From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1 ebaef28486db 7e75a45c19c9813-herrgott , a"> To: "Fuchs , Patrick (Commerce)" Date: Wed , 10 May 2017 13:07:08 -0400 Man. Don't rush. Enjoy. Call tomorrow. Sent from my iPhone On May l 0, 2017, at 1:06 PM, Fuchs, Patrick (Commerce) wrote: Callingnow. Sorry - on CumberlandIsland after my wedding (back tomorrow) and service is not good. Sent from my iPhone wrote: On May I 0, 2017, at 12:22PM, Herrgott, Alex H. EOP/CEQ o o From: Fuchs, Patrick (Commerce) [mailto:Patrick Sent: Wednesday, May 10, 201712 :17 PM To: Herrgott, Alex H. EOP/CE Subject:Re: FRA/ DOT help AMERICAN pVERSIGHT 1 Fuchs@commerce.senate.gov ] CEQ-18-0173-B-000038 Just tried you a bit ago. Hope al l is well. Please let me know a good time to circle back again . Thanks ! Best, Patrick Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ wrote: Can you give me a call? From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce.senate.gov ' ; 'adria n arn akis@commerce.senate.gov ' Subject:FRA/DOT help Team, Commerce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which would use finite dollars to leverage maximum economic activity, enhance exiting programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA,as well, but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just principles that we can follow up w ith the leg text, wh ich you all will hopefully put together and move when it hits the Congress. Two step process. AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000039 RE: FRA/DOT help From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spd lt)/cn=recipients/cn=c 7 ce1 ebaef28486db 7e 75a45c19c9813 -herrgott , a"> To: "Fuchs , Patrick (Commerce)" Date: Wed , 10 May 2017 12:20:31 -0400 From: Fuchs, Patrick {Commerce) [mailto:Patrick_Fuchs@commerce .senate.gov ] Sent: Wednesday , May 10, 2017 12:17 PM To: Herrgott, Alex H. EOP/CEQ Subject:Re: FRA/DOT help Just tried you a bit ago . Hope all is well. Please let me know a good time to circle back again. Thanks! Best, Patrick Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ Can you give me a call? AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000040 From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce.senate.gov ' ; 'adrian arnakis@commerce.senate.gov ' Subject: FRA/DOT help Team, Commerce, Imagine you had a ful l pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which wou ld use finite dollars to leverage maximum economic activity, enhance exiting programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA, as well, but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just principles that we can fol low up with the leg text, which you all will hopefully put together and move when it hits the Congress. Two step process. AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000041 RE: FRA/DOT help From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spd lt)/cn=recipients/cn=c 7 ce1 ebaef28486db 7e 75a45c19c9813 -herrgott , a"> To: "Fuchs , Patrick (Commerce)" Date: Wed , 10 May 2017 12:18:05 -0400 Right now From: Fuchs, Patrick {Commerce) [mailto:Patrick_Fuchs@commerce .senate.gov] Sent: Wednesday, May 10, 2017 12:17 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: FRA/DOT help Just tried you a bit ago . Hope all is well. Please let me know a good t ime to circle back again. Than ks! Best, Patrick Sent from my iPhone wrote: On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ Can you give me a call? - From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce.senate.gov ' ; 'adrian arnakis@commerce .senate.gov ' Subject: FRA/DOT help Team, Commerce , Imagine you had a ful l pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which wo uld use finite dollars to leverage maximum economic activity , enhance exit ing programs in the repa ir, modern ization and expanion our beloved system . I would like to ping Patrick about FRA,as well, but I wanted to get on the horn w ith you at your earl iest conven ience to clarify what I am asking for. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000042 I don't need language, now, just principles that we can fol low up with the leg text, which you all will hopefully put together and move when it hits the Congress. Two step process. AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000043 FW: FRA/DOT help From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange (fydibohf23spdlt)/cn=recipients/cn=c To: patrick _fuchs@commerce.senate.gov Date: Wed , 10 May 2017 10:45 :41 -0400 administrative group 7 ce1 ebaef28486db 7e 75a45c19c9813-herrgott , a"> Can you give me a call? From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 8:59 AM To: 'nick_Rossi@commerce.senate .gov' ; 'adrian_arnakis@commerce.senate.gov ' Subject:FRA/DOT help Team, Comme rce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrastruct ure side, which would use finite dollars to leverage maximum economic activity, enhance exit ing programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA,as well , but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just principles that we can follow up w it h the leg text, which you all will hopeful ly put together and move when it hits the Congress. Two step process. - AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000044 FRA/DOT help From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spd lt)/cn=recipients/cn=c 7 ce1 ebaef28486db 7e 75a45c19c9813 -herrgott , a"> To: nick_ross i@commerce.senate .gov, adrian _arnak is@commerce.senate .gov Date: Wed , 10 May 2017 08 :58:52 -0400 Team, Comme rce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which would use finite dollars to leverage maximum economic activity, enhance exit ing prog rams in the repair, modernization and expanion our beloved system . I would like to ping Patrick about FRA,as well, but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for . I don't need language, now, just principles that we can follow up w ith the leg text , wh ich you all will hopeful ly put together and move when it hits the Congress. Two step process. AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000045 Re: FRA/DOT help From: "Fuchs , Patrick (Commerce)" To: "Herrgott , Alex H . EOP/CEQ" Date: Wed, 10 May 2017 13:46:16 -0400 Sounds good, thanks. As a primer: I have a long list of reg reductions,but those are mostly on the safety side and do not seem to be what you are after. For streamlining- you should consider(1) expanding the list of rail CEs (FRA issued an NPRM to do so, and AAR has a list of eight or so additionalCEs that go beyond the NPRM); (2) providing broad advance acquisition authority (both Amtrak and Texas HSR want this, but there are some tricky eminent domain issues too); and (3) getting ACHP to issue the Section 106 exemptionrequired by FAST Act (no need for new legislation). For investment- yes, the biggest leverageeffect is probably through paying CRPs/credit subsidies for RRIF Joans, but - as you know - RRIF allows up to 100 percentproject financing (unlike TIFIA). So, that is a great deal of leverage. There is about $30 billion in unused loan authority. Note that RRIF has stringent Buy America provisions, all applied through guidance and not leg/Regis. And NEPA must be completebefore DOT considersyour application, as is typical. Understandingthe strong emphasisput by the Admin on Buy America, those policies sometimesdeter applicants. And Class I RRs get pretty good rates in the private market. Other than that, a quick admin fix could be refunding CRPs for borrowers that have repaid their loans and borrowed in a fiscal year in which all others repaid too. This could give railroads (e.g., Denver RTD, a munber of short lines, Amtrak) and investors a combined$80 million or so. There some innovativethings that you could do with long distance routes or the Section 130program, but I'm not sure those are quite ready for prime time. I'll call you tomorrow. Thanks! Best, Patrick Sent from my iPhone On May 10, 2017, at 12:22 PM, Herrgott, Alex H. EOP/CEQ AMERICAN pVERSIGHT 1 wrote: CEQ-18-0173-B-000046 I o o From: Fuchs, Patrick (Commerce) [mailto:Patrick Sent: Wednesday, May 10, 2017 12:17 PM To: Herrgott, Alex H. EOP/CEQ Subject:Re: FRA/DOT help Fuchs@commerce .senate.gov ] Just tried you a bit ago. Hope all is well. Please let me know a good time to circle back again. Thanks! Best, Patrick Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ wrote: .... Can you give me a call? From: Herrgott, Alex H. EOP/CEQ Sent:Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce .senate.gov ' ; 'adr ian arna kis@commerce.senate.gov ' Subject:FRA/DOT help Team, Commerce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which would use finite dollars to leverage maximum economic activ ity, enhance exiting programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA, as well, but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. AMERICAN pVERSIGHT 2 CEQ-18-0173-B-000047 I don't need language, now, just princip les that we can follow up with the leg text, which you all will hopefu lly put toget her and move when it hits the Congress. Two step process . AM RCAN pVERSIGHT 3 CEQ-18-0173-B-000048 Re: FRA/DOT help From: To: "Fuchs , Patrick (Commerce)" Date: Wed, 10 May 2017 13:07:07 -0400 Man. Don't rnsh. Enjoy. Call tomorrow. Sent from my iPhone On May 10, 2017, at 1:06 PM, Fuchs, Patrick (Commerce) wrote: Calling now. Sorry - on Cumberland Island after my wedding (back tomorrow) and service is not good. Sentfrommy iPhone On May 10, 2017, at 12:22 PM , Herrgott , Alex H . EOP/CEQ From: Fuchs, Patrick (Commerce) (mailto:Patrick Sent: Wednesday, May 10, 2017 12:17 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: FRA/DOT help AMERICAN pVERSIGHT 1 Fuchs@commerce.senate.gov ] CEQ-18-0173-B-000049 Just tried you a bit ago. Hope al l is well. Please let me know a good time to circle back again . Thanks! Best, Patrick Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ wrote: Can you give me a call? - From: Herrgott , Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce.senate.gov ' ; 'adrian arnakis@commerce.senate.gov ' Subject: FRA/DOT help Team, Commerce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrastructure side, which would use finite dollars to leverage maximum economic activity, enhance exiting programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA,as wel l, but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just principles that we can follow up with the leg text, which you all will hopefully put together and move when it hits the Congress. Two step process. - AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000050 RE: FRA/DOT help From: "Fuchs , Patrick (Commerce)" To: "Herrgott , Alex H . EOP/C EQ" Date: Thu, 11 May 2017 10:52 :01 -0400 Yes calling in 10. Thanks. PatrickFuchs I From: Herrgott, Alex H. EOP/CEQ Sent:Thursday , May 11, 2017 10:34 AM To: Fuchs, Patrick {Commerce) Subject:RE: FRA/DOT help Can you give me a call From: Fuchs, Patrick {Commerce) [mailto:Patrick Fuchs@commerce.senate.gov ] Sent: Wednesday, May 10, 2017 1:46 PM To: Herrgott, Alex H. EOP/CEQ Subject:Re: FRA/DOT help Sounds good, thanks . As a primer: I have a long list of reg reductions, but those are mostly on the safety side and do not seem to be what you are after. For streamlining - you should consider (1) expanding the list of rail CEs (FRA issued an NPRM to do so, and AAR has a list of eight or so additional CEsthat go beyond the NPRM); {2) providing broad advance acquisition authority (both Amtrak and Texas HSRwant this, but there are some tr icky eminent domain issues too); and {3) getting ACHP to issue the Section 106 exemption required by FASTAct {no need for new legislat ion) . For investment - yes, the biggest leverage effect is probably through paying CRPs/credit subsidies for RRIFloans, but - as you know - RRIFallows up to 100 percent project financing (unlike TIFIA). So, that is a great deal of leverage. There is about $30 billion in unused loan authority . Note that RRIFhas stringent Buy America provisions, all applied through guidance and not leg/Regis . And NEPA must be complete before DOT considers your application, as is typical. Understanding the strong emphasis put by the Adm in on Buy America, those polic ies sometimes deter applicants. And Class I RRsget pretty good rates in the private market. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000051 Other than that, a qu ick admin fix could be refunding CRPsfor borrowers that have repaid their loans and borrowed in a fiscal year in which all others repaid too. This cou ld give railroads (e.g., Denver RTD, a number of short lines, Amtrak) and investors a combined $80 million or so. There some innovative things that you could do with long distance routes or the Section 130 program, but I'm not sure those are quite ready for prime time . I'll call you tomorrow. Thanks! Best, Patrick Sent from my iPhone On May 10, 2017, at 12:22 PM, Herrgott, Alex H. EOP/CEQ I I I I I wrote: ?- I I I I I From: Fuchs, Patrick (Commerce) [mailto:Patrick Sent: Wednesday, May 10, 201712:17 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: FRA/DOT help Fuchs@commerce.senate.gov ] Just tried you a bit ago. Hope all is we ll. Please let me know a good time to circle back again. Thanks! Best, AMERICAN pVERSIGHT 2 CEQ-18-0173-B-000052 Patrick Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ wrote: Can you give me a call? -- From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce .senate .gov' ; 'adria n arna kis@commerce.senate.gov ' Subject:FRA/DOT help Team, Commerce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrast ructu re side, which would use finite dollars to leverage maximum economic activ ity, enhance exiting programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA, as well , but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just principles that we can follow up with the leg text, which you all will hopefully put togeth er and move when it hits the Congress. Two step process. AM RCAN pVERSIGHT 3 CEQ-18-0173-B-000053 FW: FW: From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1 ebaef28486db 7e75a45c19c9813-herrgott , a"> To: "Fuchs, Patrick (Commerce)" Date: Thu , 11 May 2017 11 :52:42 -0400 Can you reality check these for me? From:Jefferies, Ian [mailto:ijefferies@aar .org] Sent:Thursday, May 11, 2017 11:39 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: FW: Looking for something like this? Require replacement cost of assets to be used in all financial decision making by the Surface Transportation Board.** Require that the Surface Transportation Board pursue the overarching policy object ive that railroads permanently achieve and surpass revenue adequacy, and that revenue adequacy not be used as a ceiling or constraint to market pricing .** Establish a 25 percent private infrastructure investment tax credit for expenditures chargeable to firms' capital accounts Establish a 25 percent tax credit for research and development int o transportation or public utility automation and digital infrastructure Allow all entities, including private firms, that utilize debt financing for public private partnerships to receive tax treatment equal to that of municipal bonds for such debt financing . Make permanent the Section 45G short line tax credit. Prioritize and provide preference in exist ing federal grant and funding programs to projects that will result in shared passenger and freight rail benefits . ** Essentially, those two resolve a single basic problem that creates a dis-incentive for investment beyond a certain level. Together, they are designed to allow the industry to fully take advantage to upward movements in transportat ion markets' ability to support higher prices. They do this by removing an artificial caps on carrier earnings even in strong markets . What we are asking for is the same right to take advantage of strong markets that our customer have always had. These proposals do noth ing to insulate rail carriers from downward movements in transportat ion market pric ing. However, by allowing us to take advantage of strong markets and to know that we will receive credit for our future investments based on their replacement value , these proposals provide the incentives to invest in the capacity to take advantage of strong, growth markets. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000054 From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 11:17 AM To: Jefferies, Ian Subject: FW: Give me a call if you would AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000055 RE: FRA/DOT help From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange (fydibohf23spdlt)/cn=recipients/cn=c administrative group 7 ce1 ebaef28486db 7e 75a45c19c9813-herrgott , a"> To: "Fuchs , Patrick (Commerce)" Date: Thu , 11 May 2017 10:34:19 -0400 Can you give me a call From: Fuchs, Patrick (Commerce) [mailto:Patrick _ Fuchs@commerce.senate.gov] Sent: Wednesday, May 10, 2017 1:46 PM To: Herrgott, Alex H. EOP/CEQ Subject : Re: FRA/DOT help Sounds good, thanks . As a primer: I have a long list of reg reductions, but those are mostly on the safety side and do not seem to be what you are after. For streamlining - you should consider (1) expanding the list of rail CEs (FRA issued an NPRM to do so, and AAR has a list of eight or so addit ional CEsthat go beyond the NPRM); (2) providing broad advance acquisit ion authority (both Amtrak and Texas HSRwant this, but there are some tricky eminent domain issues too); and (3) getting ACHP to issue the Section 106 exemption required by FASTAct (no need for new legislation). For investment - yes, the biggest leverage effect is probably through paying CRPs/credit subsidies for RRIFloans, but - as you know - RRIFallows up to 100 percent project financing (unlike TIFIA). So, that is a great deal of leverage . There is about $30 bi llion in unused loan authority . Note that RRIFhas stringent Buy America provisions, all applied through guidance and not leg/Regis. And NEPA must be complete before DOT considers your application, as is typical. Understanding the strong emphasis put by the Adm in on Buy America, those policies sometimes deter applicants. And Class I RRsget pretty good rates in the private market. Other than that, a qu ick admin fix could be refunding CRPsfor borrowers that have repaid their loans and borrowed in a fiscal year in which all others repaid too. This cou ld give railroads (e.g., Denver RTD, a number of short lines, Amtrak) and investors a combined $80 million or so. There some innovative things that you could do with long distance routes or the Section 130 program, but I'm not sure those are qu ite ready for prime t ime. I'll call you tomorrow. Thanks! AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000056 Best, Patrick Sent from my iPhone wrote: On May 10, 2017, at 12:22 PM, Herrgott , Alex H. EOP/CEQ I I I I I I I I I I From: Fuchs, Patrick {Commerce) [ma ilto:Patr ick Fuchs@commerce.senate.gov ] Sent: Wednesday, May 10, 2017 12:17 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: FRA/DOT help Just tr ied you a bit ago. Hope all is we ll. Please let me know a good t ime to circle back again . Thanks! Best, Patrick Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ wrote: AMERICAN pVERSIGHT 2 CEQ-18-0173-B-000057 Can you give me a call? From: Herrgott, Alex H. EOP/CEQ Sent : Wednesday, May 10, 2017 8 :59 AM To: 'nick Rossi@commerce .senate.gov ' ; 'adria n arna kis@commerce.senate.gov ' Subject: FRA/DOT help Team, Commerce , Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrast ructure side, which would use finite dollars to leverage maximum economic activ ity, enhance exiting programs in the repair, modernization and expanion our beloved system . I would like to ping Patrick about FRA, as well, but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just princip les that we can follow up with the leg text, which you all will hopefu lly put together and move when it hits the Congress. Two step process. AM RCAN pVERSIGHT 3 CEQ-18-0173-B-000058 RE: FRA/DOT help From: "Fuchs , Patrick (Commerce)" To: "Herrgott , Alex H . EOP/C EQ" Date: Thu, 11 May 201710:59 :13 -0400 Just tried you. Thanks . Patrick Fuchs I From: Herrgott, Alex H. EOP/CEQ Sent:Thursday , May 11, 2017 10:34 AM To: Fuchs, Patrick {Commerce) Subject:RE: FRA/DOT help Can you give me a call From: Fuchs, Patrick {Commerce) [mailto:Patrick Fuchs@commerce.senate.gov ] Sent: Wednesday, May 10, 2017 1:46 PM To: Herrgott, Alex H. EOP/CEQ Subject:Re: FRA/DOT help Sounds good, thanks . As a primer: I have a long list of reg reductions, but those are mostly on the safety side and do not seem to be what you are after. For streamlining - you should consider (1) expanding the list of ra il CEs (FRA issued an NPRM to do so, and AAR has a list of eight or so additional CEsthat go beyond the NPRM); {2) providing broad advance acquisition authority (both Amtrak and Texas HSRwant this, but there are some tr icky eminent domain issues too); and {3) getting ACHP to issue the Section 106 exemption required by FASTAct {no need for new legislat ion) . For investment - yes, the biggest leverage effect is probably through paying CRPs/credit subsidies for RRIFloans, but - as you know - RRIFallows up to 100 percent project financing (unlike TIFIA). So, that is a great deal of leverage. There is about $30 billion in unused loan authority . Note that RRIFhas stringent Buy America provisions, all applied through guidance and not leg/Regis . And NEPA must be complete before DOT considers your application, as is typical. Understanding the strong emphasis put by the Adm in on Buy America, those polic ies sometimes deter applicants. And Class I RRsget pretty good rates in the private market. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000059 Other than that, a qu ick admin fix could be refunding CRPsfor borrowers that have repaid their loans and borrowed in a fiscal year in which all others repaid too. This cou ld give railroads (e.g., Denver RTD, a number of short lines, Amtrak) and investors a combined $80 million or so. There some innovative things that you could do with long distance routes or the Section 130 program, but I'm not sure those are quite ready for prime time . I'll call you tomorrow. Thanks! Best, Patrick Sent from my iPhone On May 10, 2017, at 12:22 PM, Herrgott, Alex H. EOP/CEQ I I I I I wrote: ?- I I I I I From: Fuchs, Patrick (Commerce) [mailto:Patrick Sent: Wednesday, May 10, 201712:17 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: FRA/DOT help Fuchs@commerce.senate.gov ] Just tried you a bit ago. Hope all is we ll. Please let me know a good time to circle back again. Thanks! Best, AMERICAN pVERSIGHT 2 CEQ-18-0173-B-000060 Patrick Sent from my iPhone On May 10, 2017, at 10:46 AM, Herrgott, Alex H. EOP/CEQ wrote: Can you give me a call? -- From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, May 10, 2017 8:59 AM To: 'nick Rossi@commerce .senate .gov' ; 'adria n arna kis@commerce.senate.gov ' Subject:FRA/DOT help Team, Commerce, Imagine you had a full pen to make significant changes to DOT, FRA, FAA on the infrast ructu re side, which would use finite dollars to leverage maximum economic activ ity, enhance exiting programs in the repair, modernization and expanion our beloved system. I would like to ping Patrick about FRA, as well , but I wanted to get on the horn with you at your earliest convenience to clarify what I am asking for. I don't need language, now, just principles that we can follow up with the leg text, which you all will hopefully put togeth er and move when it hits the Congress. Two step process. AM RCAN pVERSIGHT 3 CEQ-18-0173-B-000061 FW: Chao:No projectlistin infrastructure plan From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange (fydibohf23spdlt)/cn=recipients/cn=c administrative group 7 ce1 ebaef28486db 7e 75a45c19c9813-herrgott , a"> To: "Arnak is, Adrian (Commerce)" Date: Wed , 17 May 2017 15:10:15 -0400 I made sure she understood this after our conversation yesterday From: POLITICO Pro Transportation Whiteboard [mailto:politicoemail@politicopro.com] Sent: Wednesday, May 17, 2017 3:08 PM To: Herrgott, Alex H. EOP/CE Subject:Chao: No project list in infrastructure plan By Brianna Gurciullo 05/ 17/2017 02:53 PM EDT Transportatio n Secretary Elaine Chao said toda y that the Donald Trump administration "will not specify any list of projects" in an infrastructure plan. Sen. Joni Ernst (R-Iowa) , at a Senate Environment and Publi c Works Committee hearing, asked Chao what she meant when she said earlier this week that the administrat ion would want to fund "projects that have the potential to significantly increa se GDP growth or to lift the American spirit" using federa l dollars. "We will not specify any list of projects or anything like that," Chao said in response. "But [what] my remarks wanted to confirm and to reassure was that this administration understands the needs of rural America and as we go forward, we need to find some way to address the needs of mral America ," because some "financing mechanisms" used for urban projects don't always fit rural projects . Chao said an infrastructure task force consisting of 16 federal agencies was considering the issue. To view online: https://www.politicopro.com/transportation/whiteboard/2017 /05/chao-no-proj ect-list-ininfrastructure-plan-087861 Was this Pro content helpful? Tell us what you think in one click. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000062 Somewhat Yes, very Not really Not at all You received this POLITICO Pro content because your customized settings include: Transportation: Receive All. To change your alert settings, please go to https:/ /www .politicopro.com/settings - . o X This email was sent to Blvd. Arlington, VA, 222 09, USA by : POLITICO, LLC 1000 Wilson AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000063 FW: DOT Request:NEC infrastructure proposal "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group From: (fydibohf23spdlt)/cn=recipients/cn=c7ce1ebaef28486db7e75a45c19c9813-herrgott, a"> To: "Fuchs, Patrick (Commerce)" Date: Thu, 18 May 2017 16:53:48 -0400 Attachments DIVISION 8 --D OT compoents ..docx (20.28 kB) Give me a shout -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:51 PM To: 'Deci, Jen (Banking)' Subject: FW: DOT Request: NEC infrastructure proposal -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:34 PM To: 'j.ray@dot.gov' Subject: DOT Request: NEC infrastructure proposal Jimmy, I need you give me a shout about this. We need help building out context for these sections and really need this to be done by COB Monday. We may need 10 have a bill ready to go by end of next week. For each of the bulleted items in Title II, we need you to build out the explanation of your proposal so that the existing problem and the proposed solution are clear. In the explanation, you should briefly identify the law or program as it currently exists; identify the problem (or missed opportunity) that this creates; and explain how we propose to fix it. The explanations should be short, but should provide enough context so that anyone reading it can understand why the proposal is needed and what it will solve or accomplish. A template you could follow is: Proposal title or description The cmTentlaw is _______ _ This creates a problem because _______ Doing _ will address this problem. For example: Eliminate Major Project oversight requirements for projects that are more routine for FHWA and DOTs. o Currently, Major Project oversight requirements apply to all projects that are over $500 million. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000064 o This adds unnecessaryoversight requirementsto projects that are routine for FHWA and DOTs. o Amending23 U.S.C. 106(h)to raise the threshold for Major Projects from $500M to $1B will remove wmecessaryoversight from smaller, less complex projects that are routinely managedby FHWA and DOTs. This format doesn't need to be followedexactly, but each proposal shouldhave enough explanationto make clear what currentlyexists today and how we propose to change it to make it better. Alex Alexander Hen-gott AssociateDirector for Infrastructure Com1cilon Environmental Quality AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000065 DIVISION B - INFRASTRUCTURE IMPROVEMENTS TITLE I-TRANSPORTATION Subtitle A -Financing o o o o o o o o o o o o o o Expand the eligibility of TIFIA Eliminate Federal prohibitions on imposition of tolls and commercialization of highway rights-of-way Elimination of Federal prohibitions on imposition of tolls on fixed guideways Airports seek strong Administration support for legislative action to implement fundamental PFC reforms: eliminate the statutory cap on the level of PFC that may be imposed by an airport, eliminate the extra "significant contribution" standard for review of PFCs above $3.00, and extend the streamlined process for imposing and using PFCs from non-hub airports to all hub sizes Raise/Eliminate Cap on PFCs Permit large airports to opt out of AIP program in return for increases on PFCs Expand coverage of private activity bonds (PABs) to all categories of public-purpose infrastructure, and allow PABs to be used for reconstruction. Eliminate/raise PAB cap. Subsidize RRIF for short-line and passenger rail The ISRRPP allows States to implement tolling on existing interstate lanes to pay for the reconstruction or rehabilitation of those lanes. The current ISRRPP is limited to three slots , meaning only three States may participate . Lifting the cap on the number of slots/States that may participate could enable more States to pursue the authority to toll existing interstate highway capacity to reconstruct or rehabilitate it. Going one step further , you could simply cancel this program and pass legislation that allows the States to toll existing interstate capacity if they choose to - without coming to FHW A for approval to do so. Expand DOT's TIFIA lending authority to include financing facilities at airports, such as renovated or new passenger terminals and related facilities . This would help launch new projects and help finance existing projects, including P3s at airports. It would permit TIFIA to help finance airport infrastructure that has private sector involvement (P3s) as well as those undertaken by government authorities. Include the credit subsidy costs (credit risk premium) as one of the eligible costs for inclusion in a RRIF financing. (need to manage eligibility) Privatization/ commercialization of construction, operation, and maintenance activities associated with interstate rest areas . Provide a non-federal interest the authority to impose tolls or fees on third parties that derive a direct benefit from an inland waterway project, in an effort to recover project costs. Amounts generated under this shall be collected by the non-federal interest and retained solely for use by the non-federal interest to defray its costs associated with carrying out a project. Congress could amend current legislation to allow for tolling of these roads and specifically to incentivize doing so when this work will be implemented by a private investor in exchange for new investment of capital to improve the current infrastructure. This way, the private sector can invest significant upfront capital today to improve the AMERICAN PVERSIGHT CEQ-18-0173-B-000066 o roads and be repaid over the course of 30-75 years through the collection of the new tolls. Additionally , this allows government to shift the risk of potential construction cost overruns to the private sector instead of internalizing that risk with the taxpayer. Congress could amend current legislation to allow for tolling and specifically to incentivize doing so when this work will be implemented by a private investor in exchange for new investment of capital to improve the current infrastructure . This way, the private sector can invest significant upfront capital today to improve the roads and be repaid over the course of 30-75 years through the collection of the new tolls. Additionally , this allows government to shift the risk of potential construction cost overruns to the private sector instead of internalizing that risk with the taxpayer. Subtitle B - Highways o o o o o o Defederalizing Highway Trust Fund Contributions Eliminate statutory requirement for a State to repay federal funding when projects do not advance to construction within 10 years. Existing law (23 U.S.C. 102(b)) requires States to repay all Federal-aid reimbursements for preliminary engineering costs on a project that has not advanced to right-of-way acquisition or on-site construction within 10 years after Federal-aid funds were first made available for preliminary engineering . Considerable resources are required by FHW A to track compliance with this requirement today . Expand the availability of routine and innovative project delivery and contracting methods to accelerate project delivery.23USC provides authority to use routine and innovative project delivery and contracting methods that are commonly used by State DOTs, local governments, and other recipients. However, the authority doesn't extend to the federal land management agencies (FLMA) who also deliver projects with these 23USC funds . We propose to provide authority so that all contracting methods allowed under 23USC will extend to FLMA projects . Commonly used methods by State DOTs, local governements, and other recipients that would be available to FLMAs would include electronic bidding, bridge bundling, project bundling, construction managergeneral contractor (CMGC), among many others. Under Section 120 (Toll Facilities) of the Surface Transportation Assistance Act (STURRA), the tolling facilities are limited in the use of the tolls on just the facilities themselves for construction and reconstruction costs and for the costs necessary for the proper operation and debt service of such facility (including resurfacing, reconstruction, rehabilitation, and restoration) . Current tolling legislation allows tolls in excess of the costs noted above to be used on other Title 23 projects within the State. Adjust the STURRA legislation to be in alignment with current tolling authority . Eliminate Major Project oversight requirements for projects that are more routine for FHW A and DOTs . This proposal would require the statutiory definition of a major project in 23 U.S.C . 106(h) to be increased from $500M to $1B. The NEPA assignment application and audit processes are burdensome and complicated. In addition , clarification and/or expansion of the authorities that may be assigned to the states are needed to fully achieve the project delivery streamlining benefits through AMERICAN PVERSIGHT 2 CEQ-18-0173-B-000067 o o o o NEPA assignment. Simplify the assignment application process. Clarify that all aspects of 23 CFR 772 are included in the NEPA Assignment program.; Allow states to assume all or part of the responsibilities ofUSDOT with respect to engineering and other activities related to environmental review, consultation, permitting or other action required under any Federal Environmental law for review or approval of a specific project.; Clarify that under the NEPA Assignment program, States may assume USDOT's responsibilities in USCG Bridge Permit determinations and related consultation; 23 CFR 144(c) and 23 CFR 650 Subpart H.;Under Assignment, a State's Public Involvement Procedures should not require USDOT/FHWA approval as required in 23 CFR 771.111(h).; States with assumption should be solely responsible for the development of their policies, guidance and procedures so long as Federal Laws and USDOT requirements and guidance are met. Under 23 USC 327, States may assume, by written agreement, responsibilities of the U.S. Department of Transportation under NEPA and related federal laws for surface transportation projects. This statute excludes from assignment FHWA's authority to make project level air quality conformity determinations under the Clean Air Act. This provision should be amended to allow the assignment of project-level conformity determinations. FHW A has recently sought to exclude from full NEPA assignment certain determinations regarding floodplains protection and noise policies on the ground that these determinations involve engineering issues. Engineering considerations are an inherent part of any alternatives analysis, including the alternatives analyses conducted as part of compliance with NEPA and Section 4(f). States should be allowed to assume responsibility for any determinations normally made by FHW A as part of the NEPA process, even if those determinations involve consideration of engineering issues . Currently, a State must obtain FHWA's approval to obligate funds for a specific project. This step is completed in order to actually draw down specific Federal funds so that the State can seek reimbursement from FHWA for actual costs incurred. This approval is provided for a project only after FHWA determines that all applicable Federal requirements have been met. A new legislative authority should be provided to States that allow States to assume FHWA's responsibilities for determining that all federal requirements have been met, without the need for an individual project-level obligation approval by FHW A. Currently, there is no specific authorization in 23 USC 106 (or elsewhere in Title 23) for States to assume FHW A's responsibilities for authorizing federally funded right-of-way acquisitions. In addition, FHWA's right-of-way regulations state that "as a condition of Federal funding under Title 23, the grantee shall obtain FHWA authorization in writing or electronically before proceeding with any real property acquisition using title 23 funds, including early acquisitions under ?710.501(e) and hardship acquisition and protective buying under ?710.503." New legislative authority should be established for States to assume some or all of FHWA's responsibilities for approval ofright-of-way acquisitions, subject to the same legal protections that currently apply to the right-of-way acquisition AMERICAN PVERSIGHT 3 CEQ-18-0173-B-000068 o o o o o o o o o o process. This would require an amendment to 23 USC 108 which currently requires FHW A authorization for early acquisitions. The FAST act requires lead agencies to establish project schedules for the completion of the environmental review processes for environmental impact statements and environmental assessments after consultation with and the concurrence of each participating agency for the project ; MAP-21 made development of these project schedules optional. FAST also requires concurrence of participating agencies for changes to project schedules . Environmental processes are only one of many components in project schedules. Establish that only the environmental portion of the schedule needs participating agency concurrence, coordination plans need only contain major project milestones and may contain deadline ranges , schedule changes require the concurrence of only the affected federal agencies, not all participating agencies , and deadlines be set for agency responses; lack of response indicates concurrence . This would require amending 23 USC 139(g). Amend 12 USC 123 to and allow utility relocation to take place prior to NEPA completion with appropriate limitations to ensure the integrity of the NEPA process, and allow federal funds to be used for the relocation. Require that initial transportation conformity does not apply until six months after EPA approves the SIP motor vehicle emissions budgets. This would require an amendment to 42 USC 7506 . Amend 23 USC 7506(c)(2) to exclude marginal nonattainment and attainmentmaintenance from transportation conformity requirements. Require that when a NAAQS new standard is established, MPOs only need to conform to the most recent standard. This would require an amendment to 42 USC 7506. Remove DOI, DOA and HUD review for individual 4(f) evaluations . This would require amending 49 USC 303 Statute should be amended to allow States to determine that a preventive maintenance project meets the applicable criteria for federal reimbursement. This change would require an amendment to 23 USC l 16(e). This provision should be amended to allow States to approve a time extension, subject to criteria established in applicable Federal regulations or policies . This change would require an amendment of 23 USC 102(b ). This provision should be amended to allow States to approve a time extension, subject to criteria established in applicable Federal regulations or policies . This change would not require legislation, but legislation could be enacted to ensure that this change is implemented consistent with the amendments to 23 USC 102(b ). Under 23 USC 323 , a State may receive credit toward the non-federal share of project costs for the fair market value of early acquisitions , donations of property , or other contributions made to the project. Currently, FHW A must approve any such credits based on a finding that all applicable criteria have been met. In addition, FHW A must approve any credits toward the non-federal share for costs incurred prior to a project agreement , based on criteria defined in 23 CFR l .9(b ). These provisions should be broadened as AMERICAN PVERSIGHT 4 CEQ-18-0173-B-000069 o o o appropriate so that States can approve the crediting of these costs toward the non-federal share, subject to criteria established in applicable Federal regulations or policies. Legislative flexibility should be restored under HSIP to allow states determine how to most effectively invest their federal HSIP funds to support strategic safety efforts. Relocate the Bridge Permit program from the U.S . Coast Guard to the Federal Highway Administration Incentivize programmatic approach to Sections 106 and 4f for historic bridge projects (for bridges not addressed by Program Comment for common types), e.g. if the state has a management plan for historic bridges that prioritizes the most significant and those in best condition for preservation, make it easier to replace other historic bridges (less significant and in poor condition) Subtitle C - Transit o o Require tax increment financing as condition for receipt of transit funds (formula and CIG) Eliminate constraints on use of public-private partnerships Subtitle D - Rail Subtitle E - Airports o o o o o o The only requirements for buildings, roadways, etc. should be that they not interfere with the safe and efficient operation of aircraft and they comply with local building codes. FAA should not be involved in terminal, roadways, hangars, and other commercial building development, with the exception of the filing of a form to allow FAA to determine if a proposed development poses a hazard to aviation, as is required for nearby off-airport property construction projects . Requirements for airports to submit plans and specifications, etc. to the FAA should be eliminated FAA should have no say in the non-aeronautical business leases of an airport . Keeping FAA in the middle of reviewing airport leases for which they have no expertise is burdensome, counterproductive, and impedes airport operators from conducting their business in a way that best serves their airports and communities. Thus, FAA oversight should be eliminated Airports seek strong Administration support for legislative action to implement fundamental PFC reforms: eliminate the statutory cap on the level of PFC that may be imposed by an airport, eliminate the extra "significant contribution" standard for review of PFCs above $3.00, and extend the streamlined process for imposing and using PFCs from non-hub airports to all hub sizes FAA should allow greater PFC funding of projects such as airport terminals Eliminate Federal constraints to use of airport property where not detrimental to safety The current FAA airport privatization program requires that 65% of the air carriers using an airport (by both number of carriers and by landed weight) are required to allow the private operation and investment into an airport. AMERICAN PVERSIGHT 5 CEQ-18-0173-B-000070 o o o o o o o o o o o o Allow airports to employ alternative project delivery methods, including Design Build and Construction Manager at Risk , on AIP-funded projects without requiring extraordinary justification Allow airports to promote early completion and savings for critical federally-funded airport projects by soliciting contractors to bid the number of days to complete the project, and employing contractual provisions, such as incentive payments and more efficient project delivery methods that have worked in the private sector and in other federal transportation grant programs The current FAA airport privatization program requires that 65% of the air carriers using an airport (by both number of carriers and by landed weight) are required to allow the private operation and investment into an airport. The Administration should eliminate the need for federal approvals for non-aeronautical development of airport land acquired by the airport operator without federal assistance . Instead, the federal government should simply prohibit development that interferes with safe and efficient aircraft operations and require that fair market rentals are received by the airport for use of the land The only requirements for buildings, roadways, etc. should be that they not interfere with the safe and efficient operation of aircraft and they comply with local building codes. FAA should not be involved in terminal, roadways, hangars, and other commercial building development, with the exception of the filing of a form to allow FAA to determine if a proposed development poses a hazard to aviation, as is required for nearby off-airport property construction projects . Requirements for airports to submit plans and specifications, etc. to the FAA should be eliminated FAA should have no say in the non-aeronautical business leases of an airport . Keeping FAA in the middle of reviewing airport leases for which they have no expertise is burdensome, counterproductive, and impedes airport operators from conducting their business in a way that best serves their airports and communities. Thus, FAA oversight should be eliminated FAA should allow greater PFC funding of projects such as airport terminals Allow airports to employ alternative project delivery methods, including Design Build and Construction Manager at Risk, on AIP-funded projects without requiring extraordinary justification Allow airports to promote early completion and savings for critical federally-funded airport projects by soliciting contractors to bid the number of days to complete the project, and employing contractual provisions, such as incentive payments and more efficient project delivery methods that have worked in the private sector and in other federal transportation grant programs Allow the reimbursement of other airport funds by AIP entitlement funds for construction projects to help inconsistent federal funding cycles Expand the eligibility of projects for AIP or PFC funding, including infrastructure repair work that restores the functionality and extends the useful life of facilities Allow funding for terminal modifications to enhance security wherever they are needed AMERICAN PVERSIGHT 6 CEQ-18-0173-B-000071 o o o o Streamline the AIP Grant Process for Entitlement Funds into a "receive and report" process Eliminate the need for a pre-application and application for projects using entitlement funds Eliminate all non-statutory grant assurances for the receipt of entitlement funds The Administration should permit airports to utilize free market value principles in establishing airline rates and charges AMERICAN PVERSIGHT 7 CEQ-18-0173-B-000072 FW: DOT Request:NEC infrastructure proposal "Herrgott, Alex H. EOP/C EQ" <"/o =organization/ou=exchange administrative group From: (fydibohf23spdlt)/cn=recipients/cn=c7ce1ebaef28486db7e75a45c19c9813-herrgott, a"> To: shannon _hines@rules.sena te.gov Date: Thu, 18 May 2017 16:51 :45 -0400 Attachments DIVISION 8--D OT compoents ..docx (20.28 kB) -----OriginalMessage----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:51 PM To: 'Deci, Jen (Banking)' Subject:FW: DOT Request:NEC infrastructureproposal -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:34 PM To: 'j.ray@dot.gov' Subject:DOT Request: NEC infrastructureproposal Jimmy, I need you give me a shout about this. We need help building out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. For each of the bulleted items in Title II, we need you to build out the explanationofyom proposal so that the existingproblem and the proposedsolution are clear. In the explanation, you should briefly identifythe law or program as it currently exists; identify the problem (or missed opportunity)that this creates; and explain how we propose to fix it. The explanationsshould be short, but shouldprovide enoughcontext so that anyone reading it can understandwhy the proposal is needed and what it will solve or accomplish. A template you could follow is: Proposal title or description The current law is ________ _ This creates a problem because _______ _ Doing will address this problem. For example: EliminateMajor Project oversightrequirementsfor projects that are more routine for FHWA and DOTs. o Currently, Major Project oversight requirementsapply to all projects that are over $500 million. o This adds unnecessaryoversight requirementsto projects that are routine for FHWA and DOTs. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000073 o Amending 23 U.S .C. 106(h) to raise the threshold for Major Projects from $500M to $1B will remove unnecessary oversight from smaller , less complex projec ts that are routinely managed by FHW A and DOTs . This format doesn't need to be followed exactly, but each proposal should have enough explanation to make clear wha t currently exists today and how we propose to change it to make it better. Alex Alexander Herrgott Associate Director for Infrastructure Com1cil on Env ironmental Quality AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000074 DIVISION B - INFRASTRUCTURE IMPROVEMENTS TITLE I-TRANSPORTATION Subtitle A -Financing o o o o o o o o o o o o o o Expand the eligibility of TIFIA Eliminate Federal prohibitions on imposition of tolls and commercialization of highway rights-of-way Elimination of Federal prohibitions on imposition of tolls on fixed guideways Airports seek strong Administration support for legislative action to implement fundamental PFC reforms: eliminate the statutory cap on the level of PFC that may be imposed by an airport, eliminate the extra "significant contribution" standard for review of PFCs above $3.00, and extend the streamlined process for imposing and using PFCs from non-hub airports to all hub sizes Raise/Eliminate Cap on PFCs Permit large airports to opt out of AIP program in return for increases on PFCs Expand coverage of private activity bonds (PABs) to all categories of public-purpose infrastructure, and allow PABs to be used for reconstruction. Eliminate/raise PAB cap. Subsidize RRIF for short-line and passenger rail The ISRRPP allows States to implement tolling on existing interstate lanes to pay for the reconstruction or rehabilitation of those lanes. The current ISRRPP is limited to three slots , meaning only three States may participate . Lifting the cap on the number of slots/States that may participate could enable more States to pursue the authority to toll existing interstate highway capacity to reconstruct or rehabilitate it. Going one step further , you could simply cancel this program and pass legislation that allows the States to toll existing interstate capacity if they choose to - without coming to FHW A for approval to do so. Expand DOT's TIFIA lending authority to include financing facilities at airports, such as renovated or new passenger terminals and related facilities . This would help launch new projects and help finance existing projects, including P3s at airports. It would permit TIFIA to help finance airport infrastructure that has private sector involvement (P3s) as well as those undertaken by government authorities. Include the credit subsidy costs (credit risk premium) as one of the eligible costs for inclusion in a RRIF financing. (need to manage eligibility) Privatization/ commercialization of construction, operation, and maintenance activities associated with interstate rest areas . Provide a non-federal interest the authority to impose tolls or fees on third parties that derive a direct benefit from an inland waterway project, in an effort to recover project costs. Amounts generated under this shall be collected by the non-federal interest and retained solely for use by the non-federal interest to defray its costs associated with carrying out a project. Congress could amend current legislation to allow for tolling of these roads and specifically to incentivize doing so when this work will be implemented by a private investor in exchange for new investment of capital to improve the current infrastructure. This way, the private sector can invest significant upfront capital today to improve the AMERICAN PVERSIGHT CEQ-18-0173-B-000075 o roads and be repaid over the course of 30-75 years through the collection of the new tolls. Additionally , this allows government to shift the risk of potential construction cost overruns to the private sector instead of internalizing that risk with the taxpayer. Congress could amend current legislation to allow for tolling and specifically to incentivize doing so when this work will be implemented by a private investor in exchange for new investment of capital to improve the current infrastructure . This way, the private sector can invest significant upfront capital today to improve the roads and be repaid over the course of 30-75 years through the collection of the new tolls. Additionally , this allows government to shift the risk of potential construction cost overruns to the private sector instead of internalizing that risk with the taxpayer. Subtitle B - Highways o o o o o o Defederalizing Highway Trust Fund Contributions Eliminate statutory requirement for a State to repay federal funding when projects do not advance to construction within 10 years. Existing law (23 U.S.C. 102(b)) requires States to repay all Federal-aid reimbursements for preliminary engineering costs on a project that has not advanced to right-of-way acquisition or on-site construction within 10 years after Federal-aid funds were first made available for preliminary engineering . Considerable resources are required by FHW A to track compliance with this requirement today . Expand the availability of routine and innovative project delivery and contracting methods to accelerate project delivery.23USC provides authority to use routine and innovative project delivery and contracting methods that are commonly used by State DOTs, local governments, and other recipients. However, the authority doesn't extend to the federal land management agencies (FLMA) who also deliver projects with these 23USC funds . We propose to provide authority so that all contracting methods allowed under 23USC will extend to FLMA projects . Commonly used methods by State DOTs, local governements, and other recipients that would be available to FLMAs would include electronic bidding, bridge bundling, project bundling, construction managergeneral contractor (CMGC), among many others. Under Section 120 (Toll Facilities) of the Surface Transportation Assistance Act (STURRA), the tolling facilities are limited in the use of the tolls on just the facilities themselves for construction and reconstruction costs and for the costs necessary for the proper operation and debt service of such facility (including resurfacing, reconstruction, rehabilitation, and restoration) . Current tolling legislation allows tolls in excess of the costs noted above to be used on other Title 23 projects within the State. Adjust the STURRA legislation to be in alignment with current tolling authority . Eliminate Major Project oversight requirements for projects that are more routine for FHW A and DOTs . This proposal would require the statutiory definition of a major project in 23 U.S.C . 106(h) to be increased from $500M to $1B. The NEPA assignment application and audit processes are burdensome and complicated. In addition , clarification and/or expansion of the authorities that may be assigned to the states are needed to fully achieve the project delivery streamlining benefits through AMERICAN PVERSIGHT 2 CEQ-18-0173-B-000076 o o o o NEPA assignment. Simplify the assignment application process. Clarify that all aspects of 23 CFR 772 are included in the NEPA Assignment program.; Allow states to assume all or part of the responsibilities ofUSDOT with respect to engineering and other activities related to environmental review, consultation, permitting or other action required under any Federal Environmental law for review or approval of a specific project.; Clarify that under the NEPA Assignment program, States may assume USDOT's responsibilities in USCG Bridge Permit determinations and related consultation; 23 CFR 144(c) and 23 CFR 650 Subpart H.;Under Assignment, a State's Public Involvement Procedures should not require USDOT/FHWA approval as required in 23 CFR 771.111(h).; States with assumption should be solely responsible for the development of their policies, guidance and procedures so long as Federal Laws and USDOT requirements and guidance are met. Under 23 USC 327, States may assume, by written agreement, responsibilities of the U.S. Department of Transportation under NEPA and related federal laws for surface transportation projects. This statute excludes from assignment FHWA's authority to make project level air quality conformity determinations under the Clean Air Act. This provision should be amended to allow the assignment of project-level conformity determinations. FHW A has recently sought to exclude from full NEPA assignment certain determinations regarding floodplains protection and noise policies on the ground that these determinations involve engineering issues. Engineering considerations are an inherent part of any alternatives analysis, including the alternatives analyses conducted as part of compliance with NEPA and Section 4(f). States should be allowed to assume responsibility for any determinations normally made by FHW A as part of the NEPA process, even if those determinations involve consideration of engineering issues . Currently, a State must obtain FHWA's approval to obligate funds for a specific project. This step is completed in order to actually draw down specific Federal funds so that the State can seek reimbursement from FHWA for actual costs incurred. This approval is provided for a project only after FHWA determines that all applicable Federal requirements have been met. A new legislative authority should be provided to States that allow States to assume FHWA's responsibilities for determining that all federal requirements have been met, without the need for an individual project-level obligation approval by FHW A. Currently, there is no specific authorization in 23 USC 106 (or elsewhere in Title 23) for States to assume FHW A's responsibilities for authorizing federally funded right-of-way acquisitions. In addition, FHWA's right-of-way regulations state that "as a condition of Federal funding under Title 23, the grantee shall obtain FHWA authorization in writing or electronically before proceeding with any real property acquisition using title 23 funds, including early acquisitions under ?710.501(e) and hardship acquisition and protective buying under ?710.503." New legislative authority should be established for States to assume some or all of FHWA's responsibilities for approval ofright-of-way acquisitions, subject to the same legal protections that currently apply to the right-of-way acquisition AMERICAN PVERSIGHT 3 CEQ-18-0173-B-000077 o o o o o o o o o o process. This would require an amendment to 23 USC 108 which currently requires FHW A authorization for early acquisitions. The FAST act requires lead agencies to establish project schedules for the completion of the environmental review processes for environmental impact statements and environmental assessments after consultation with and the concurrence of each participating agency for the project ; MAP-21 made development of these project schedules optional. FAST also requires concurrence of participating agencies for changes to project schedules . Environmental processes are only one of many components in project schedules. Establish that only the environmental portion of the schedule needs participating agency concurrence, coordination plans need only contain major project milestones and may contain deadline ranges , schedule changes require the concurrence of only the affected federal agencies, not all participating agencies , and deadlines be set for agency responses; lack of response indicates concurrence . This would require amending 23 USC 139(g). Amend 12 USC 123 to and allow utility relocation to take place prior to NEPA completion with appropriate limitations to ensure the integrity of the NEPA process, and allow federal funds to be used for the relocation. Require that initial transportation conformity does not apply until six months after EPA approves the SIP motor vehicle emissions budgets. This would require an amendment to 42 USC 7506 . Amend 23 USC 7506(c)(2) to exclude marginal nonattainment and attainmentmaintenance from transportation conformity requirements. Require that when a NAAQS new standard is established, MPOs only need to conform to the most recent standard. This would require an amendment to 42 USC 7506. Remove DOI, DOA and HUD review for individual 4(f) evaluations . This would require amending 49 USC 303 Statute should be amended to allow States to determine that a preventive maintenance project meets the applicable criteria for federal reimbursement. This change would require an amendment to 23 USC l 16(e). This provision should be amended to allow States to approve a time extension, subject to criteria established in applicable Federal regulations or policies . This change would require an amendment of 23 USC 102(b ). This provision should be amended to allow States to approve a time extension, subject to criteria established in applicable Federal regulations or policies . This change would not require legislation, but legislation could be enacted to ensure that this change is implemented consistent with the amendments to 23 USC 102(b ). Under 23 USC 323 , a State may receive credit toward the non-federal share of project costs for the fair market value of early acquisitions , donations of property , or other contributions made to the project. Currently, FHW A must approve any such credits based on a finding that all applicable criteria have been met. In addition, FHW A must approve any credits toward the non-federal share for costs incurred prior to a project agreement , based on criteria defined in 23 CFR l .9(b ). These provisions should be broadened as AMERICAN PVERSIGHT 4 CEQ-18-0173-B-000078 o o o appropriate so that States can approve the crediting of these costs toward the non-federal share, subject to criteria established in applicable Federal regulations or policies. Legislative flexibility should be restored under HSIP to allow states determine how to most effectively invest their federal HSIP funds to support strategic safety efforts. Relocate the Bridge Permit program from the U.S . Coast Guard to the Federal Highway Administration Incentivize programmatic approach to Sections 106 and 4f for historic bridge projects (for bridges not addressed by Program Comment for common types), e.g. if the state has a management plan for historic bridges that prioritizes the most significant and those in best condition for preservation, make it easier to replace other historic bridges (less significant and in poor condition) Subtitle C - Transit o o Require tax increment financing as condition for receipt of transit funds (formula and CIG) Eliminate constraints on use of public-private partnerships Subtitle D - Rail Subtitle E - Airports o o o o o o The only requirements for buildings, roadways, etc. should be that they not interfere with the safe and efficient operation of aircraft and they comply with local building codes. FAA should not be involved in terminal, roadways, hangars, and other commercial building development, with the exception of the filing of a form to allow FAA to determine if a proposed development poses a hazard to aviation, as is required for nearby off-airport property construction projects . Requirements for airports to submit plans and specifications, etc. to the FAA should be eliminated FAA should have no say in the non-aeronautical business leases of an airport . Keeping FAA in the middle of reviewing airport leases for which they have no expertise is burdensome, counterproductive, and impedes airport operators from conducting their business in a way that best serves their airports and communities. Thus, FAA oversight should be eliminated Airports seek strong Administration support for legislative action to implement fundamental PFC reforms: eliminate the statutory cap on the level of PFC that may be imposed by an airport, eliminate the extra "significant contribution" standard for review of PFCs above $3.00, and extend the streamlined process for imposing and using PFCs from non-hub airports to all hub sizes FAA should allow greater PFC funding of projects such as airport terminals Eliminate Federal constraints to use of airport property where not detrimental to safety The current FAA airport privatization program requires that 65% of the air carriers using an airport (by both number of carriers and by landed weight) are required to allow the private operation and investment into an airport. AMERICAN PVERSIGHT 5 CEQ-18-0173-B-000079 o o o o o o o o o o o o Allow airports to employ alternative project delivery methods, including Design Build and Construction Manager at Risk , on AIP-funded projects without requiring extraordinary justification Allow airports to promote early completion and savings for critical federally-funded airport projects by soliciting contractors to bid the number of days to complete the project, and employing contractual provisions, such as incentive payments and more efficient project delivery methods that have worked in the private sector and in other federal transportation grant programs The current FAA airport privatization program requires that 65% of the air carriers using an airport (by both number of carriers and by landed weight) are required to allow the private operation and investment into an airport. The Administration should eliminate the need for federal approvals for non-aeronautical development of airport land acquired by the airport operator without federal assistance . Instead, the federal government should simply prohibit development that interferes with safe and efficient aircraft operations and require that fair market rentals are received by the airport for use of the land The only requirements for buildings, roadways, etc. should be that they not interfere with the safe and efficient operation of aircraft and they comply with local building codes. FAA should not be involved in terminal, roadways, hangars, and other commercial building development, with the exception of the filing of a form to allow FAA to determine if a proposed development poses a hazard to aviation, as is required for nearby off-airport property construction projects . Requirements for airports to submit plans and specifications, etc. to the FAA should be eliminated FAA should have no say in the non-aeronautical business leases of an airport . Keeping FAA in the middle of reviewing airport leases for which they have no expertise is burdensome, counterproductive, and impedes airport operators from conducting their business in a way that best serves their airports and communities. Thus, FAA oversight should be eliminated FAA should allow greater PFC funding of projects such as airport terminals Allow airports to employ alternative project delivery methods, including Design Build and Construction Manager at Risk, on AIP-funded projects without requiring extraordinary justification Allow airports to promote early completion and savings for critical federally-funded airport projects by soliciting contractors to bid the number of days to complete the project, and employing contractual provisions, such as incentive payments and more efficient project delivery methods that have worked in the private sector and in other federal transportation grant programs Allow the reimbursement of other airport funds by AIP entitlement funds for construction projects to help inconsistent federal funding cycles Expand the eligibility of projects for AIP or PFC funding, including infrastructure repair work that restores the functionality and extends the useful life of facilities Allow funding for terminal modifications to enhance security wherever they are needed AMERICAN PVERSIGHT 6 CEQ-18-0173-B-000080 o o o o Streamline the AIP Grant Process for Entitlement Funds into a "receive and report" process Eliminate the need for a pre-application and application for projects using entitlement funds Eliminate all non-statutory grant assurances for the receipt of entitlement funds The Administration should permit airports to utilize free market value principles in establishing airline rates and charges AMERICAN PVERSIGHT 7 CEQ-18-0173-B-000081 RE: quickquestion From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1 ebaef28486db 7e 75a45c19c98 13-herrgott, a"> To: "Brunner, Jan (EPW)" Date: Mon, 05 Jun 2017 12:23:11 -0400 I will get back to you after Wednesday. We are not announcing anything substantive on package. This is preview and notional. From:Brunner, Jan (EPW) [mai lto:Jan_Brunner@e pw.senate.gov] Sent: Monday, June 5, 2017 12: 16 PM To:Herrgott, Alex H. EOP/CEQ Subject: quic k question Is there any information you can share regarding the various infrastructure events this week - in part icular the WH meeting with mayors and governors and the Friday DoT event? Thanks Jan Brunner Majority Counsel Senate Committee on Environment and Public Works 415 Hart Senate Office Building AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000082 RE: quickquestion From: "Brunner, Jan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 05 Jun 2017 12:25:19 -0400 Interesting. Thanks. From: Herrgott, Alex H. EOP/CEQ Sent: Monday, June 5, 2017 12:23 PM To: Brunner, Jan (EPW) Subject: RE:quick question I will get back to you after Wednesday. We are not announcing anything substantive on package. This is preview and notional. From: Brunner, Jan (EPW) [mailto:Jan Brunner@epw.senate .gov] Sent: Monday, June 5, 2017 12:16 PM To: Herrgott, Alex H. EOP/CEQ Subject: quick question Is there any information you can share regarding the various infrastructure events this wee k- in particular the WH meeting with mayors and governors and the Friday DoT event? Thanks Jan Bronner Majority Counsel Senate Committee on Environment and Public Works 415 Hart Senate Office Building AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000083 quickquestion From: "Brunner, Jan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 05 Jun 201712 :16:11 -0400 Is there any information you can share regarding t he various infrastructure events this week-in particular the WH meeting with mayors and governors and the Friday DoT event? Thanks Jan Bronner Majority Counsel Senate Committee on Environm ent and Public Works 415 Hart Senate Office Build ing AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000084 TlF question To: "Deci, Jen (Banking)" , shannon_hines@rules.senate .gov Date: Mon, 21 Aug 2017 17:35:39 -0400 Are there other activities besides TIFs that would constitute value capture. The red below. I imagine there are going to be several mechanisms to raise revenue, not just limited to TIFS SEC. 2105. REQUIRE VALUE CAPTUREFINANCING AS CONDITION FOR RECEIPT OF TRANSIT FUNDS FOR MAJOR CAPITAL PROJECTS (FORMULA AND CAPITAL INVESTMENT GRANTS). * Federa l transit programs do not require tax increment financing. * Failure of transit authorities to use tax increment financing reduces funds avai lable for transit capital projects. * Amend 49 U.S.C. Chapter 53 to include tax increment financing (or other value capture mechanisms as determined by FT A) as prerequisite for the following capital programs: Section 5307 Urbanized Area Formu la Grants; Section 5309 Capital Investment (Discretionary) Grants; Section 5337 State of Good Repair Formula Grants; and Section 5339 Bus and Bus Facilities Formula/Discretionary Grants . DOT says they already do this at 40% so this isn't really necessary. SEC. 2109. AMEND 5309 TO REQUIRE A 50 PERCENT MATCH FOR ALL CAPITAL INVESTMENT GRANT (CIG) PROJECTS. * The FAST Act included a new limitation reducing the CIG share of the total net project cost from 80 to 60 percent. However, FTA has allowed other federa l funds to be contributed such that the overa ll federa l share is 80 percent. * A limitation on federal funding of 50 percent, essen tially requiring a 50 percent match by all project sponsors , Congress will increase state and local financial commitments to these capital projects. * Additionally, language could be included to amend the estimation of "net capital project cost" to exclude from the net project cost TIFIA, RRIF or other federally subsidized loans that will be paid back upon a project entering revenue service. AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000085 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality - From: Deci, Jen (Banking) [mailto:Jen_Deci@banking .senate.gov ] Sent: Monday, August 21, 2017 5:04 PM To: Herrgot t, Alex H. EOP/CEQ Subject: RE: Yeah, happy to chat anytime. From: Herrgott, Alex H. EOP/CEQ Sent: Monday, August 21, 2017 4:59 PM To: Deci, Jen (Banking) Subject: Just now cleaning out emails, Lets catch up soon . Are you in this week? A lexander Herrgot t Associat e Direct o r for Infrastructure Council on Environmenta l Quality - AM RCAN pVERSIGHT 2 CEQ-18-0173-B-000086 Arndt From: "Freeman , Peter" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 24 Aug 2017 14 :19:14 -0400 Attachments: PANETT_009_xml.pdf (26.48 kB); ATT00001.txt (65 bytes) Not sure this worksbut for your radar. AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000087 G:\M\15\PANETT\PANETT_009.XML AMENDMENT TO DIVISION COMMITTEE PRINT OFFERED H OF RULES 115-31 BY MR. PANETTA OF CALIFORNIA At the end of division H (before the short title), insert the following: 1 SEC. 421. None of the funds made available by this 2 Act may be used to implement, administer, or enforce sec- 3 tion 6 of the Executive Order entit led "Estab lishing Dis4 cipline and Accountability in the Environmental 5 and Permitting Process for Infrastructure" Review signed on Au- 6 gust 15, 20 17 . g:\ VHLC\08 1617\081617 .057.xml August 16, 2017 (2:23 p.m.) (67106512) AMc ilvAN PVERSIGHT CEQ-18-0173-B-000088 FW: CorpsTA. "Herrgott, Alex H. EOP/C EQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn =recipients/cn =45656107f8dc4dc 18bb681 d 14e44c8e9 -he"> To: "Neely, Andrew (Commerce)" Date: Tue, 10 Apr 20 18 13:25:28 -0400 Attachments Draft technical language for administration infrastructure principles - ....docx (26 .24 kB) Here was all the draft Corps TA by the way. You had two requested pieces in here . AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000089 Army Corps - technical language for White House Legislative Outline for Infrastructure PART 2-ADDITIONAL PROVISIONS FOR INFRASTRUCTURE IMPROVEMENTS II.Cl. Expand Authority Related to Non-Federal Construction and Operation of Inland Waterways Projects. Technical language: (a) IN GENERAL.- Section 5014 of the Water Resources Reform and Development Act of2014 (Pub. L. 113-121; 128 STAT. 1329-1332) is amended(1) by striking the phrase "a project partnership agreement" wherever that phrase appears in the section and inserting "an agreement" (or "agreement", where appropriate) in lieu thereof; (2) by striking the phrase "or construction (or both)" in subsection (b)(2) and inserting", construction, rehabilitation, or operation and maintenance (or any combination thereof)" in lieu thereof; (3) by striking subsection (c) in its entirety; (4) by striking the phrase "the Secretary shall" in subsection (d) and inserting "the Secretary may, notwithstanding any other provision of law"; (5) by striking the phrase "at least 15" in subsection (d)( 1) and inserting "one or more" in lieu thereof; (6) by striking the phrase "scope, financing, budget, design, and construction" in subsection (d)( 3);; (7) by striking the phrase "under which the non-Federal pilot applicant is provided full project management control for the financing, design, or construction" in subsection (d)(4) and inserting", under conditions deemed appropriate by the Secretary, under which the non-Federal pilot applicant assumes responsibility for the financing, design, construction, rehabilitation, or operation and maintenance" in lieu thereof; (8) in subsection (g)(A) by striking the word "made from" and inserting "made, either in advance or on a reimbursable basis, from" in lieu thereof; (B) by striking the phrase "to the Corps of Engineers" in subsection (g)(2) and inserting "in an energy and Water Development Appropriations Act for authorized civil functions of the Department of the Army" in lieu thereof; (C) by striking the term "transferred" and inserting "paid" in lieu thereof; [APG] AMf-f {ICAN PVERSIGHT CEQ-18-0173-B-000090 (D) by adding "; and" at the end thereof and adding the following new subparagraph: "(3) amounts collected pursuant to subjection (j)(2).". (9) in subsection (h)(A) by inserting "(1)" immediately before the phrase "At the request of'; (B) by inserting "technical assistance" immediately after the phrase "the Secretary may provide"; (C) by striking", if the non-Federal pilot applicant contracts with and compensates the Secretary, technical assistance"; (D) by striking "(1)" and "(2)" and inserting "(A)" and "(B)" in lieu thereof; and (E) by inserting the following new paragraph and the end thereof: "(2) Any non-Federal pilot applicant that receives technical assistance under this subsection shall be responsible for the payment of all costs associated with the provisions of such assistance."; ( 10) in subsection (i) (A) by striking", on a project-by-project basis," in paragraph (l)(B); (B) by striking "not later than 1-year after the date of enactment of this section" in paragraph (l)(C) and inserting "October 1, 2018" in lieu thereof; and (C) by inserting "or" at the end of paragraph (2)(A); inserting a period at the end of paragraph (2)(B); and striking all that follows through the end of paragraph (2). (11) by striking", the proposed agreement provides" in subsection (j)(l) and inserting "a non-Federal pilot applicant carrying out a project under this section will provide for" in lieu thereof; (12) in subsection (k)(A) by inserting "(1) FINANCING.--" at the beginning of the subsection; (B) by striking the phrase "the non-Federal share of'; and (C) by adding the following language as a new paragraph : "(2) FEE GENERATION.(A) IN GENERAL-Notwithstanding section 4 of the River and Harbor Appropriations Act of 1884 (33 U.S.C. 5); section 1 of the Rivers and Harbor Appropriations Act of 1902 (33 U.S.C. 565); section 208 of the Water Resources Development Act of 1986, as amended (33 U.S.C. 2236), or any other provision of [APG] AMERICAN PVERSIGHT 2 CEQ-18-0173-B-000091 law, a non-Federal pilot applicant that has the authority to impose tolls or fees may impose tolls or fees on third parties that derive a direct benefit from a project carried out under this section. The amount of such tolls and fees may be determined by the nonFederal pilot applicant. (B) COLLECTION AND RETENTION .-Amounts generated under subparagraph (A) of this subsection shall be collected by the non-Federal pilot applicant and retained solely for use by the non-Federal pilot applicant to defray its costs associated with carrying out a project under this section. "; (13) by striking the language that appears in subsection (1)in its entirety and inserting the following in lieu thereof: "(1) LONG TERM CONTRACTING AUTHORITY-The Secretary may enter into contracts that may, notwithstanding any other provision of law and solely for the purpose of carrying out the pilot program established pursuant to this section , be for a period of time ofup to 50 years. "; (14) in subsection (n) by striking "3" and inserting "5" in lieu thereof and inserting "progress " immediately before the word "report "; and ( 15) by inserting the following new subsections at the end thereof: "(o) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated for each fiscal year for fiscal years 2018 through 2027 up to $___ to cover the administrative costs incurred by the Secretary in carrying out this section. (p) NON-AVAILABILITY OF APPROPRIATED FUNDS.Notwithstanding any other provision of law, no appropriated funds may be used to defray any costs incurred by a non-Federal pilot applicant associated with carrying out a project under this section. (q) SUNSET PROVISION .-A project may be carried out under this section only if a non-Federal pilot applicant has entered into an agreement as provided for in subsection (c)(4) on or before October 1, 2027 .". (b) CONFORMING AMENDMENTS.(1) Subsections (d) through (o) are re-designated as subsections (c) through (n); and (2) References to subsection (d)(l) or subsection (d)(4) are stricken wherever such references appear throughout the section and replaced by references to subsection (c)(1) or subsection (c)( 4), as appropriate . [APG] AMERICAN PVERSIGHT 3 CEQ-18-0173-B-000092 11.D. 1 Authorize User Fee Collection and Retention Under the WRRDA Section 5014 Pilot Program and Recreation User Fees for Operation and Maintenance of Public Facilities Technical draft languag e: SEC. ___ . AUTHORITY TO ESTABLISH AND COLLECT FEES AT WATER RESOURCE DEVELOPMENT PROJECTS. (a) FEE GENERATION. -Notwithstanding section 4 of the River and Harbor Appropriations Act of 1884 (33 U.S.C. 5); section 1 of the Rivers and Harbors Appropriations Act of 1902 (33 U.S.C. 565) ; section 208 of the Water Resources Development Act of 1986, as amended (33 U.S.C . 2236) ; section 210 of the Flood Control Act of 1968, as amended (16 U .S.C. 460d-3) ; or any other provision oflaw , the Secretary of the Army may establish and impose tolls or fees on third parties that derive a direct benefit from a water resource development project. (b) USE OF FEES . - Any monies received through the collection of tolls or fees under subsection (a) shall be available for use , without further appropriation , for the operation and maintenance of the project at which the tolls or fees were collected. (See also language under II. C.1 above, which would authorize fee collection by nonFederal entities under agreement with USA CE at its projects) 11.D.2. Expand U.S. Army Corps of Engineers' Authority to Engage in Long-Term Contracts See language under II.Cl above, which would authorize long-term contracts under the Section 5014 pilot project authority. 11.D.3. Authorize Commercial Operation and Maintenance Activities at Hydropower Facilities. SEC. HYDROPOWER OPERATION AND MAINTENANCE ACTIVITIES . Section 314 of the Water Resources Development Act of 1990, Public Law 101-640 (33 USC 2321) is repealed . 11.D.4. Deauthorize Certain Federal Civil Works Projects Technical draft language: 1. DEAUTHORIZATION OF PROJECTS. Section 1001 ofWRDA 1986 (33 USC 579a) is amended by adding the following new subsections (d), (e), (f), and (g): "( d) The Secretary is authorized to transmit to Congress a disposition report recommending the deauthorization of a water resources development project or separable element of such a project that is currently maintained by the Corps or by a non-Federal interest. A project or separable [APG] AMf-f {ICAN PVERSIGHT 4 CEQ-18-0173-B-000093 element is not authorized after the last date of the fiscal year following the fiscal year in which a disposition report recommending deauthorization of such project or separable element is transmitted , unless a later law is enacted before such date to preclude deauthorization of the project or separable element. "(e) In carrying out a disposition study for a project of the Corps of Engineers , including a disposition study under section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a) , or in carrying out any assessment of property under the control of the Corps of Engineers to determine whether such property is not needed for the missions of the Corps of Engineers , the Secretary shall consider the extent to which the property concerned has economic , cultural , historic , or recreational significance or impacts at the national , State, or local level. "(f) The Secretary may undertake a disposition study of a water resources development project that is currently maintained by the non-Federal interest if the non-Federal interest contracts with the Secretary to furnish the United States with funds to cover the costs of the study . "(g) Recommendations included in a disposition report transmitted in accordance with subsection (d) may be implemented notwithstanding the Federal Property and Administrative Services Act (FPASA) , as amended , 40 USC 541 et seq." 2. REPEALS. The following provisions are repealed : (a) Section 6002 of the Water Resources Reform and Development Act of 2014. (b) Section 1165 of the Water Resources Development Act of 2016. 11.D.5. Expand Authority for Acceptance of Contributed and Advanced Funds: Technical draft languag e: SEC. ------- . CONTRIBUTED FUNDS . (a) IN GENERAL. Section 5 of the Act entitled " An Act authorizing the construction of certain public works on rivers and harbors for flood control , and for other purposes ," approved June 22, 1936, as amended (33 U .S.C. 701h), is further amended by striking "funds appropriated by the United States for". (b) REPORT. Section 1015(b) of the Water Resources Reform and Development Act of2014 (128 Stat. 1223) is amended to read as follows : "(b) REPORT .-Not later than February 1 of each year , the Secretary shall provide a report to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives that specifies the number of agreements executed in the previous fiscal year for the acceptance of contributed funds under section 5 of the Act of June 22, 1936 (33 U.S.C. 701h) and includes information on the projects and amounts of contributed funds involved." . [APG] AMf-f{ICAN PVERSIGHT 5 CEQ-18-0173-B-000094 SEC.___ . ADVANCED FUNDS FOR WATER RESOURCES DEVELOPMENT STUDIES AND PROJECTS. The Act approved October 15, 1940 (54 Stat. 1176; 33 U.S.C. 701h-1) is amended by(1) Striking "a flood control project duly adopted and authorized by law" and inserting "an authorized water resources development study or project,"; (2) Striking "such work" and inserting "such study or project"; (3) Striking "flood control work" and inserting "such study or project"; and (4) Inserting at the end thereof "The term 'State' means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes.". 11.D.6. Amend Water Resources Development Act to Allow for Waiver of Cost Limits: Technical draft language: Section 902 of WRDA 1986 (33 USC 2280) is hereby amended by adding the following as subsection 902(c): "(c) Notwithstanding subsection (a), the Secretary may expend up to $5 million in excess of the maximum cost of the project as increased under paragraphs (a)(l) and (a)(2), subject to a determination by the Secretary that the need for the excess expenditure is beyond the reasonable control of the Federal government[, including but not limited to an increase in project costs related to real estate acquisition, utility relocations, changes in hydrology , previously unknown site conditions, and cost increases discovered during preconstruction engineering and design]." Part 3 -INFRASTRUCTURE PERMITTING IMPROVEMENT LB.JO. Remove Duplication in the Review Process for Mitigation Banking by Eliminating the Interagency Review Team. SEC._. MITIGATION BANKING. The Secretary of the Army, acting through the Chief of Engineers, is hereby directed to revise the Mitigation Banking Rule appearing at 33 C.F.R. Part 332 to make the requirement for an Interagency Review Team non-mandatory , and to enhance the efficiency and timeliness of the approvals of mitigation banks. The proponent of a mitigation bank shall have the option to decline review by an Interagency Review Team. After the Chief of Engineers has completed that rulemaking, the Administrator of the Environmental Protection Agency is directed to make any and all changes to the EPA regulations necessary to conform to the revised Corps of Engineers regulations. [APG] AMf-f {ICAN PVERSIGHT 6 CEQ-18-0173-B-000095 L C.1. Eliminate Redundancy, Duplication, and Inconsistency in the Application of Clean Water Provisions LC.1.a. Authorize Federal agencies to select and use nationwide permits without additional USA CE review. Sec. __ . Section 404 of the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 USC 1344) is amended by adding the following new subsections at the end thereof: "(y) Any [executive] agency of the Federal Government engaged in a project or activity that is subject to regulation under this section but that the action agency determines qualifies for a general permit issued pursuant to subsection (e) of this section is exempt from any requirement to have the applicability of the general permit verified by the Corps of Engineers before proceeding with their action. The agency should provide the Corps of Engineers with any information required by the terms of the general permit within 30 days of completing the general permit activity. " LC.1.b. Consolidate authority to make jurisdictional determinations for 404 permits. Sec. __ . Section 404 of the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 USC 1344) is amended by adding the following new subsections at the end thereof: "(u) The Secretary shall have sole and final authority to determine the geographic extent of the navigable waters to which this section applies , and the sole and final authority to determine what activities involving the discharge of dredged or fill material are and are not exempted from the permit requirements of this section by subsection 404( f) of this section. " LC.1.c. Eliminate duplicative oversight by removing EPA 's authority to veto a 404 permit under Section 404(c). 1. CLEAN WATER ACT AMENDMENT. Section404oftheFederal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 USC 1344) is amended by adding the following new subsections at the end thereof: "(v) If the Secretary is processing a permit application under this section or has issued a permit under this section , the authority of the Administrator under subsection (c) of this section shall not apply to any discharges of dredged or fill material addressed in the permit application or in the issued permit. " 2. STREAMLING PERMIT PROCESS. (a) Not later than 120 days after the date of enactment of this section , the Secretary of the Army , the Administrator of the EPA , the Secretary of the Interior , and the Secretary of Commerce are directed to review the Memoranda of Agreement made pursuant to subsection (q) of Section 404 of the Clean Water Act to ensure that coordination and consultations among those [APG] AMf-f {ICAN PVERSIGHT 7 CEQ-18-0173-B-000096 agencies regarding the processing of Clean Water Act Section 404 permit applications will proceed with maximum efficiency and timeliness , while implementing the intent of Subsection 404(q). LC.1.d. Allow use of one NEPA document for both Section 404 and Section 408 actions. SEC. STREAMLINING PERMIT PROCESS. The Secretary of the Army , acting through the Chief of Engineers , shall examine and revise , as necessary and appropriate , the procedures and practices of the Corps of Engineers regarding the granting of permits under sections 10 and 14 of the Rivers and Harbors Act of 1899, as amended , and under section 404 of the Clean Water Act to ensure that permit reviews under those authorities are fully coordinated and harmonized to eliminate duplication of effort and inefficiencies so that authorizations under those authorities will be provided with maximum efficiency and timeliness , while still protecting the public interest and the integrity of public works . LC.1.e. Eliminate duplication in environmental documentation for authorized USACE projects pursued by non-Federal interests. Sec. . STREAMLINING PERMIT PROCESS. The President's Council on Environmental Quality , in coordination with relevant Federal agencies , shall promulgate guidance in an appropriate form to ensure that Federal agencies share and utilize existing environmental documentation to minimize delays and duplication of effort regarding compliance with the National Environmental Policy Act , the National Historic Preservation Act , and other Federal statutes intended to protect environmental quality and historic properties. L C.2. Clarify Time Frames and Reduce Delays for Section 401 Certification Decisions SEC. . STREAMLINING PERMIT PROCESS Section 404 of the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 USC 1344) is amended by adding the following new subsections at the end thereof: "(w) For any permit application made pursuant to this section , if a State has not granted the certification required under section 401 of this Act within 90 days from the date of the public notice required under subsection (a) of this section , the permit applicant can appeal to the Secretary , seeking a modification or reversal of the State ' s action or inaction. The Secretary shall have authority to modify , set aside, or reverse the State ' s action or inaction or waive the requirement for the State certification required under Section 401 of this Act if the Secretary determines that the national interest of the United States so requires , or if the Secretary determines that the State's action or inaction was based on considerations other than potential adverse effects of the proposed activity on the quality of the State 's waters. [APG] AMf-f {ICAN PVERSIGHT 8 CEQ-18-0173-B-000097 LD.1. Require Timelines to be Met Under the Magnuson Stevens Act or Allow Agency to Proceed with Action SEC. . MAGNUSON STEVENS ACT. In any instance where the National Marine Fisheries Service (NMFS) is consulting with another Federal agency regarding Essential Fish Habitat (EFH) pursuant to the Magnuson Stevens Fisheries Act (the Act) , the NMFS must complete said consultation and provide its comments and recommendations to the action agency within thirty (30) calendar days after receiving a request for such comments and recommendations from the action agency , unless the NMFS has made a timely request to the action agency for a time extension of an additional 30 days , and received from the action agency its consent for those additional 30 days for providing the NMFS comments. In any instance where the NMFS does not provide its comments and recommendations regarding EFH within said 30 day or 60 day period , the NMFS shall be deemed to have waived its right and authority to provide its comments and recommendations regarding EFH . In such a situation the action agency shall proceed with its action without the NMFS comments and recommendations , and shall be deemed to be in full compliance with the Act. [APG] AMf-f {ICAN PVERSIGHT 9 CEQ-18-0173-B-000098 whatdon'tyou havefromTA thatyou need From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681 d 14e44c8e9 -he"> To: "Neely , Andrew (Commerce)" Date: Tue , 10 Apr 2018 11 :02:39 -0400 FAA pieces and what else? Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000099 RE: what don'tyou havefromTA thatyou need From: " Neely , Andrew (Commerce) " To: "Herrgott , Alex H. EOP/C EQ" Date: Tue , 10 Apr 2018 13:08 :28 -0400 If you have it easily available. Not a priority. From: Herrgott, Alex H. EOP/CE Sent: Tuesday, April 10, 2018 1:06 PM To: Neely, Andrew (Commerce) Subject: RE:what don't you have from TA that you need Do you really want that one? I will have 0MB draft up but we thought leg princ iples spoke for themselves on this one and that Leg council could mock up[ From: Neely, Andrew (Commerce) Sent: Tuesday, April 10, 2018 1:04 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE:what don't you have from TA that you need Transformative? From: Herrgott, Alex H. EOP/CEQ Sent: Tuesday, April 10, 2018 11:03 AM To: Neely, And rew (Commerce) Subject: what don't you have from TA that you need FAA pieces and what else? Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality AMERICAN pVERSIGHT 1 CEQ-18-0173-B-000100 RE: what don'tyou havefromTA thatyou need From: " Neely , Andrew (Commerce) " To: "Herrgott, Alex H. EOP/C EQ" Date: Tue , 10 Apr 2018 13:03 :59 -0400 Transformative? From: Herrgott, Alex H. EOP/CEQ Sent : Tuesday, April 10, 2018 11:03 AM To: Neely, Andrew (Commerce) Subject : what don't you have from TA that you need FAApieces and what else? Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000101 RE: what don'tyou havefromTA thatyou need From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organ ization/ou =exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681 d 14e44c8e9-he"> To: "Neely , Andrew (Commerce)" Date: Tue, 10 Apr 2018 13:06:26 -0400 Do you really want that one? I will have 0MB draft up but we thought leg princ iples spoke for themselves on this one and that Leg council could mock up[ From:Neely, Andrew {Commerce) Sent:Tuesday, April 10, 2018 1:04 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE:w hat don't you have from TA that you need Transformative? From: Herrgott , Alex H. EOP/CEQ Sent: Tuesday, April 10, 2018 11:03 AM To: Neely, Andrew {Commerce) Subject: what don't you have from TA that you need FAA pieces and what else? A lexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality AM RCAN pVERSIGHT 1 CEQ-18-0173-B-000102 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 August 15, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 3 Dear Mr. Evers: This letter is the third production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this third production, we have processed an additional 200 records and identified 1,175 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 258 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted some email addresses and phone numbers. We have determined that exemptions be applied in 14 redaction instances pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A f HI , \ ..J PVERSIGHT Page 1 of 2 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 August 15, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 3 Dear Mr. Evers: This letter is the third production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this third production, we have processed an additional 200 records and identified 1,175 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 258 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted some email addresses and phone numbers. We have determined that exemptions be applied in 14 redaction instances pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A f HI , \ ..J PVERSIGHT Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 A\/1 '11(,A SIGHT PVER You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 A\/1 '11(,A SIGHT PVER RE: DOT Contact From: "Neely, Andrew (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed , 10 May 201712 :23:24 -0400 https://www .wired. co m/2017 /05/gas -tax -beca me -ameri cas-i nfrastructure -bogeyma n/ Note at t he very end - the devo lut ion opt ion . I have t o th ink Jeff Davis was quoted out of cont ext. One more option: Let the states take over all of the country's infrastructur e. Even a few red ones {Nebraska, Georgia) have shown they 're willing to raise local gas taxes. "The closer the level of government is to the voter, the easier it is to show the voter exactly what they'll be getting for their money," says Davis. Others have shown more willingness to get creative about funding , like imposing heavier registration fees on electric and hybrid vehicles. Thinking caps on, America, because someone's going to have to find this money somewhere. From: Herrgott, Alex H. EOP/CEQ [mailto Sent : Wed nesday, May 10, 2017 10:59 AM To: Neely, Andrew (Comme rce) Subject : RE: DOT Contact done From: Neely , Andrew (Commerce) [mailto :Andrew Neely@commerce .senate .gov] Sent : Wed nesday, May 10, 2017 10:53 AM To: Herrgott, Alex H. EOP/CEQ Subject : DOT Contact Good time last night . Was expect ing mo re speeche s. When you get a chance, m ind send ing me the contact info of t he DOT guy you introduced to me last night . Thanks AndrewNeely MR N PVERSIGHT 1 CEQ050FY1809 1_ 0000 00512 CEQ-18-0173-C-000001 RE: DOT Contact From: "Neely, Andrew (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed , 10 May 201712 :23:24 -0400 https://www .wired. co m/2017 /05/gas -tax -beca me -ameri cas-i nfrastructure -bogeyma n/ Note at t he very end - the devo lut ion opt ion . I have t o th ink Jeff Davis was quoted out of cont ext. One more option: Let the states take over all of the country's infrastructur e. Even a few red ones {Nebraska, Georgia) have shown they 're willing to raise local gas taxes. "The closer the level of government is to the voter, the easier it is to show the voter exactly what they'll be getting for their money," says Davis. Others have shown more willingness to get creative about funding , like imposing heavier registration fees on electric and hybrid vehicles. Thinking caps on, America, because someone's going to have to find this money somewhere. From: Herrgott, Alex H. EOP/CEQ [mailto Sent : Wed nesday, May 10, 2017 10:59 AM To: Neely, Andrew (Comme rce) Subject : RE: DOT Contact done From: Neely , Andrew (Commerce) [mailto :Andrew Neely@commerce .senate .gov] Sent : Wed nesday, May 10, 2017 10:53 AM To: Herrgott, Alex H. EOP/CEQ Subject : DOT Contact Good time last night . Was expect ing mo re speeche s. When you get a chance, m ind send ing me the contact info of t he DOT guy you introduced to me last night . Thanks AndrewNeely MR N PVERSIGHT 1 CEQ050FY1809 1_ 0000 00512 CEQ-18-0173-C-000001 RE: Infrastructure From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 16 May2017 11:33:48-0400 Perfect, thanks so much. From: Herrgott, Alex H. EOP/CEQ [mailt Sent : Tuesday, May 16, 2017 11:33 AM To: Arnakis, Adrian (Commerce) Subject : RE: Infrastructure 3:30 From: Arnakis, Adrian (Commerce) (mailto :Adrian Arnakis@commerce .senate .gov ) Se nt : Tuesday, May 16, 2017 11 :29 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure 2:30 or 3:30 From: Herrgott, Alex H. EOP/C EQ [ mailto Sent : Tuesday, May 16, 2017 11:27 AM To: Arnakis, Adrian (Commerce) Subject : RE: Infrastructure You Free at 3pm today? From: Arnak is, Adrian (Commerce) [ mailto :Adrian Arnakis@commerce .senate .gov ) Sent : Tuesday, May 16, 2017 11:26 AM To: Herrgott, Alex H. EOP/CEQ Subject: Infrastructure Do you have t ime this week for a quick chat. Keep hearing rumors about things t he WH is pushing/asking for and just want to make sure everyone is on same page. ama AMR AN PVERSIGHT 1 CEQ050FY18091_000000177 CEQ-18-0173-C-000002 RE: Infrastructure From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 16 May2017 11:33:48-0400 Perfect, thanks so much. From: Herrgott, Alex H. EOP/CEQ [mailt Sent : Tuesday, May 16, 2017 11:33 AM To: Arnakis, Adrian (Commerce) Subject : RE: Infrastructure 3:30 From: Arnakis, Adrian (Commerce) (mailto :Adrian Arnakis@commerce .senate .gov ) Se nt : Tuesday, May 16, 2017 11 :29 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure 2:30 or 3:30 From: Herrgott, Alex H. EOP/C EQ [ mailto Sent : Tuesday, May 16, 2017 11:27 AM To: Arnakis, Adrian (Commerce) Subject : RE: Infrastructure You Free at 3pm today? From: Arnak is, Adrian (Commerce) [ mailto :Adrian Arnakis@commerce .senate .gov ) Sent : Tuesday, May 16, 2017 11:26 AM To: Herrgott, Alex H. EOP/CEQ Subject: Infrastructure Do you have t ime this week for a quick chat. Keep hearing rumors about things t he WH is pushing/asking for and just want to make sure everyone is on same page. ama AMR AN PVERSIGHT 1 CEQ050FY18091_000000177 CEQ-18-0173-C-000002 RE: Infrastructure From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e75a45c 19c9813-herrgott , a"> To : "Arnakis , Adrian (Commerce)" Date: Tue , 16 May 20 17 11:33:19 -0400 3:30 From:Arnakis, Adrian {Commerce) [mailto:Adrian_Arnakis@commerce.senate .gov] Sent : Tuesday, May 16, 2017 11:29 AM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Infrastructure 2:30 or 3:30 From:Herrgott, Alex H. EOP/CEQ[mailt Sent : Tuesday, May 16, 201711 :27 AM To: Arnakis, Adrian {Commerce) Subject: RE: Infrastructure You Free at 3pm today? From: Arnakis, Adrian {Commerce) [mailto :Adrian Arnakis@commerce .senate.gov] Sent : Tuesday, May 16, 2017 11:26 AM To: Herrgott, Alex H. EOP/CEQ Subject : Infrastructure Do you have time this week for a quick chat. Keep hearing rumors about things t he WH is pushing/asking for and just want t o make sure everyone is on same page. ama MR N PVERSIGHT 1 CEQ050FY18091 _ 000000215 CEQ-18-0173-C-000003 RE: Infrastructure From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e75a45c 19c9813-herrgott , a"> To : "Arnakis , Adrian (Commerce)" Date: Tue , 16 May 20 17 11:33:19 -0400 3:30 From:Arnakis, Adrian {Commerce) [mailto:Adrian_Arnakis@commerce.senate .gov] Sent : Tuesday, May 16, 2017 11:29 AM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Infrastructure 2:30 or 3:30 From:Herrgott, Alex H. EOP/CEQ[mailt Sent : Tuesday, May 16, 201711 :27 AM To: Arnakis, Adrian {Commerce) Subject: RE: Infrastructure You Free at 3pm today? From: Arnakis, Adrian {Commerce) [mailto :Adrian Arnakis@commerce .senate.gov] Sent : Tuesday, May 16, 2017 11:26 AM To: Herrgott, Alex H. EOP/CEQ Subject : Infrastructure Do you have time this week for a quick chat. Keep hearing rumors about things t he WH is pushing/asking for and just want t o make sure everyone is on same page. ama MR N PVERSIGHT 1 CEQ050FY18091 _ 000000215 CEQ-18-0173-C-000003 RE: Infrastructure From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e 75a45c 19c9813-herrgott , a"> To : "Arnakis , Adrian (Commerce)" Date: Tue , 16 May 20 17 11:27:20 -0400 You Free at 3pm today? From:Arnakis, Adrian {Commerce) [mailto:Adrian_Arnakis@commerce.senate .gov] Sent: Tuesday, May 16, 2017 11:26 AM To: Herrgott, Alex H. EOP/CEQ Subject:Infrastructure Do you have time this week for a quick chat. Keep hearing rumors about things the WH is pushing/asking for and just want to make sure everyone is on same page. ama MR N PVERSIGHT 1 CEQ050FY 18091_000000218 CEQ-18-0173-C-000004 RE: Infrastructure From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e 75a45c 19c9813-herrgott , a"> To : "Arnakis , Adrian (Commerce)" Date: Tue , 16 May 20 17 11:27:20 -0400 You Free at 3pm today? From:Arnakis, Adrian {Commerce) [mailto:Adrian_Arnakis@commerce.senate .gov] Sent: Tuesday, May 16, 2017 11:26 AM To: Herrgott, Alex H. EOP/CEQ Subject:Infrastructure Do you have time this week for a quick chat. Keep hearing rumors about things the WH is pushing/asking for and just want to make sure everyone is on same page. ama MR N PVERSIGHT 1 CEQ050FY 18091_000000218 CEQ-18-0173-C-000004 RE: Infrastructure From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 16 May 2017 11 :29:09 -0400 2:30 or 3:30 From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, May 16, 2017 11 :27 AM To: Arnakis, Adrian {Commerce) You Free at 3pm today? From : Arnakis, Adrian (Commerce) [mailto:Adrian Arnakis@commerce.senate.gov ) Sent : Tuesday, May 16, 2017 11 :26 AM To: Herrgott, Alex H. EOP/CEQ Subject : Infras t ructure Do you have time this week for a quick chat. Keep hearing rumors about th ings t he WH is pushing/asking for and just want to make sure everyone is on same page. ama MR N PVERSIGHT 1 CEQ050FY18091 _ 000000496 CEQ-18-0173-C-000005 RE: Infrastructure From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 16 May 2017 11 :29:09 -0400 2:30 or 3:30 From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, May 16, 2017 11 :27 AM To: Arnakis, Adrian {Commerce) You Free at 3pm today? From : Arnakis, Adrian (Commerce) [mailto:Adrian Arnakis@commerce.senate.gov ) Sent : Tuesday, May 16, 2017 11 :26 AM To: Herrgott, Alex H. EOP/CEQ Subject : Infras t ructure Do you have time this week for a quick chat. Keep hearing rumors about th ings t he WH is pushing/asking for and just want to make sure everyone is on same page. ama MR N PVERSIGHT 1 CEQ050FY18091 _ 000000496 CEQ-18-0173-C-000005 Infrastructure From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 16 May2017 11:26:17-0400 Do you have time this week for a quick chat. Keep hearing rumors about things the WH is pushing/asking for and jus t want to make sure everyo ne is on same page. ama MR N PVERSIGHT 1 CEQ050FY18091 _ 000000497 CEQ-18-0173-C-000006 Infrastructure From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 16 May2017 11:26:17-0400 Do you have time this week for a quick chat. Keep hearing rumors about things the WH is pushing/asking for and jus t want to make sure everyo ne is on same page. ama MR N PVERSIGHT 1 CEQ050FY18091 _ 000000497 CEQ-18-0173-C-000006 Re: NEPW DecisionSupportSystem From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e 75a45c19c9813-herrgott, To: "Higgins , Rebecca (EPW)" Date: Fri, 09 Jun 2017 11:08:22 -0400 a"> You have time later today or Monday. Good nwnber. Sent from my iPhone On Juu 9, 2017, at 11:06AM, lli ggins,Rebecca (EPW) wrote: Hey Alex, How are you liking CEQ? In thinking about project delivery provisions that could be bipartisan and useful to practitioners, I'm thinking about a unified Decision Support System that would be housed at CEQ {probably? Or OMB?) and would be a single locatio n for project manageme nt for practitioners across all the infrastructure funding and permitting agencies . With it, agencies would not have to create new files and fields for the projects once the project was creat ed by another agency in this DSS. While there would upfront costs to stand up this system, this seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard. While the dashboard helps public transparency goals, there's no evidence that agencies are using it as a project management tool, which means that it's an added layer on top of their existing project management work, rather than an automatic output from that underlying system . Just wonde ri ng what your thoughts are and if you'd have any suggestions . Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000085 CEQ-18-0173-C-000007 Re: NEPW DecisionSupportSystem From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e 75a45c19c9813-herrgott, To: "Higgins , Rebecca (EPW)" Date: Fri, 09 Jun 2017 11:08:22 -0400 a"> You have time later today or Monday. Good nwnber. Sent from my iPhone On Juu 9, 2017, at 11:06AM, lli ggins,Rebecca (EPW) wrote: Hey Alex, How are you liking CEQ? In thinking about project delivery provisions that could be bipartisan and useful to practitioners, I'm thinking about a unified Decision Support System that would be housed at CEQ {probably? Or OMB?) and would be a single locatio n for project manageme nt for practitioners across all the infrastructure funding and permitting agencies . With it, agencies would not have to create new files and fields for the projects once the project was creat ed by another agency in this DSS. While there would upfront costs to stand up this system, this seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard. While the dashboard helps public transparency goals, there's no evidence that agencies are using it as a project management tool, which means that it's an added layer on top of their existing project management work, rather than an automatic output from that underlying system . Just wonde ri ng what your thoughts are and if you'd have any suggestions . Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000085 CEQ-18-0173-C-000007 Re: NEPW DecisionSupportSystem From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e 75a45c19c9813-herrgott, To: "Higgins , Rebecca (EPW)" Date: Fri, 09 Jun 2017 11 :08:09 -0400 a"> Let's discuss this more. Sent from my iPhone On Juu 9, 2017, at JI :06 AM, Higgins, Rebecca (EPW) wrote: Hey Alex, How are you liking CEQ? In thinking about project delivery provisions that could be bipartisan and useful to practitioners, I'm thinking about a unified Decision Support System that would be housed at CEQ (probably? Or OMB?) and would be a single location for project management for practitioners across all the infrastructure funding and permitting agencies. With it, agencies would not have to create new files and fields for the projects once the project was created by another agency in this DSS.While there would upfront costs to stand up this system, this seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard. While the dashboard helps public transparency goals, there's no evidence that agencies are using it as a project management tool, which means that it's an added layer on top of their existing project management work, rather than an automatic output from that underlying system . Just wondering what your thoughts are and if you' d have any suggestions. Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000086 CEQ-18-0173-C-000008 Re: NEPW DecisionSupportSystem From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e 75a45c19c9813-herrgott, To: "Higgins , Rebecca (EPW)" Date: Fri, 09 Jun 2017 11 :08:09 -0400 a"> Let's discuss this more. Sent from my iPhone On Juu 9, 2017, at JI :06 AM, Higgins, Rebecca (EPW) wrote: Hey Alex, How are you liking CEQ? In thinking about project delivery provisions that could be bipartisan and useful to practitioners, I'm thinking about a unified Decision Support System that would be housed at CEQ (probably? Or OMB?) and would be a single location for project management for practitioners across all the infrastructure funding and permitting agencies. With it, agencies would not have to create new files and fields for the projects once the project was created by another agency in this DSS.While there would upfront costs to stand up this system, this seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard. While the dashboard helps public transparency goals, there's no evidence that agencies are using it as a project management tool, which means that it's an added layer on top of their existing project management work, rather than an automatic output from that underlying system . Just wondering what your thoughts are and if you' d have any suggestions. Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000086 CEQ-18-0173-C-000008 Re: NEPW DecisionSupportSystem From: To: "Higgins, Rebecca (EPW)" Date: Fri, 09 Jun 2017 11:08:08 -0400 Let's discussthis more. Sent from my iPhone On Jun 9, 2017, at 11 :06 AM, Higgins , Rebecc a (EPW) wrote : Hey Alex, How are you liking CEQ? In thinking about project delivery provisions that could be bipartisan and useful to practitioners, I'm thinking about a unified Decision Support System that would be housed at CEQ (probably? Or OMB?) and would be a single locatio n for project management for practitioners across all the infrastructure funding and permitting agencies . With it, agencies would not have to create new files and fields for the projects once the project was created by anothe r agency in this DSS. While there would upfront costs to stand up this system, this seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard . While the dashboard helps public transparency goals, there's no evidence that agencies are using it as a projec t management too l, which means that it's an added layer on top of their exist ing project management work, rather than an automatic output from that underlying system . Just wondering what your thoughts are and if you'd have any suggestions. Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY18091 _ 000000267 CEQ-18-0173-C-000009 Re: NEPW DecisionSupportSystem From: To: "Higgins, Rebecca (EPW)" Date: Fri, 09 Jun 2017 11:08:08 -0400 Let's discussthis more. Sent from my iPhone On Jun 9, 2017, at 11 :06 AM, Higgins , Rebecc a (EPW) wrote : Hey Alex, How are you liking CEQ? In thinking about project delivery provisions that could be bipartisan and useful to practitioners, I'm thinking about a unified Decision Support System that would be housed at CEQ (probably? Or OMB?) and would be a single locatio n for project management for practitioners across all the infrastructure funding and permitting agencies . With it, agencies would not have to create new files and fields for the projects once the project was created by anothe r agency in this DSS. While there would upfront costs to stand up this system, this seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard . While the dashboard helps public transparency goals, there's no evidence that agencies are using it as a projec t management too l, which means that it's an added layer on top of their exist ing project management work, rather than an automatic output from that underlying system . Just wondering what your thoughts are and if you'd have any suggestions. Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY18091 _ 000000267 CEQ-18-0173-C-000009 RE: NEPW DecisionSupportSystem From: "Higgins, Rebecca (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 09 Jun 2017 11 :10:36 -0400 Yeah l'm mostly free this afternoon. -----Original Message----From: Herrgott, Alex H. EOP /CEQ [mailto Sent: Friday, June 9, 2017 1 l:08 AM To: Higgins, Rebecca (EPW) Subject: Re: NEPW DecisionSupport System You have time later today or Monday. Good number. Sent from my .iPhone On Jun 9, 2017 , at I l :06 AM, Higg ins, Rebecca (EPW) > wrote: Hey Alex, How are you LikingCEQ? In thinkingabout project delivery provisionsthat could be bipartisan and useful to practitioners,I'm thinkingabout a unified Decision SupportSysremthat wouldbe housed at CEQ (probably? Or OMB?) and would be a single location for project management for pract itioners across all the infrastructure funding and pennitting agencies. With it, agencies would not have to create new Gies and fields for the projects once the project was created by another agency in tbis DSS. While there would upfront costs to stand up t11issystem, this seems like a cost saving tool in the long run and could be really helpful. It seem,s like the next log ical step to U\eFPISC and the dashboard. While the dashboard belps public transparency goals, there's no evidence that agencies are us.ing it as a project management tool, which means that it's an added layer on top of their existing project management work, rather than an automatic output from that underlying system. Just wondering what your thoughts are and if you'd have any suggestions. - RebeccaHiggins Environment and Public Works Committee AMR AN PVERSIGHT 1 CEQ050FY18091_000000523 CEQ-18-0173-C-000010 RE: NEPW DecisionSupportSystem From: "Higgins, Rebecca (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 09 Jun 2017 11 :10:36 -0400 Yeah l'm mostly free this afternoon. -----Original Message----From: Herrgott, Alex H. EOP /CEQ [mailto Sent: Friday, June 9, 2017 1 l:08 AM To: Higgins, Rebecca (EPW) Subject: Re: NEPW DecisionSupport System You have time later today or Monday. Good number. Sent from my .iPhone On Jun 9, 2017 , at I l :06 AM, Higg ins, Rebecca (EPW) > wrote: Hey Alex, How are you LikingCEQ? In thinkingabout project delivery provisionsthat could be bipartisan and useful to practitioners,I'm thinkingabout a unified Decision SupportSysremthat wouldbe housed at CEQ (probably? Or OMB?) and would be a single location for project management for pract itioners across all the infrastructure funding and pennitting agencies. With it, agencies would not have to create new Gies and fields for the projects once the project was created by another agency in tbis DSS. While there would upfront costs to stand up t11issystem, this seems like a cost saving tool in the long run and could be really helpful. It seem,s like the next log ical step to U\eFPISC and the dashboard. While the dashboard belps public transparency goals, there's no evidence that agencies are us.ing it as a project management tool, which means that it's an added layer on top of their existing project management work, rather than an automatic output from that underlying system. Just wondering what your thoughts are and if you'd have any suggestions. - RebeccaHiggins Environment and Public Works Committee AMR AN PVERSIGHT 1 CEQ050FY18091_000000523 CEQ-18-0173-C-000010 NEPW DecisionSupportSystem From: "Higgins , Rebecca (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 09 Jun 2017 11 :04: 18 -0400 Hey Alex, How are you liking CEQ? In thinking about projec t delivery provis ions that could be bipartisan and useful to practi t ioners, I'm thinking about a unified Decision Support System that would be housed at CEQ (probably? Or 0MB?) and would be a single location for project management for practitioners across all the infrastructure funding and permitting agencies . With it, agencies would not have to create new files and fields for the projects once the project was created by another agency in this DSS.While there would upfront costs to stand up this system, th is seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard. While the dashboa rd helps public transparency goals, there's no evidence that agencies are using it as a project management tool, which means tha t it 's an added layer on top of their existing project management work, rather than an automatic output from that underlying system. Just wondering what your t houghts are and if you'd have any suggestions. Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY18091_000000525 CEQ-18-0173-C-000011 NEPW DecisionSupportSystem From: "Higgins , Rebecca (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 09 Jun 2017 11 :04: 18 -0400 Hey Alex, How are you liking CEQ? In thinking about projec t delivery provis ions that could be bipartisan and useful to practi t ioners, I'm thinking about a unified Decision Support System that would be housed at CEQ (probably? Or 0MB?) and would be a single location for project management for practitioners across all the infrastructure funding and permitting agencies . With it, agencies would not have to create new files and fields for the projects once the project was created by another agency in this DSS.While there would upfront costs to stand up this system, th is seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard. While the dashboa rd helps public transparency goals, there's no evidence that agencies are using it as a project management tool, which means tha t it 's an added layer on top of their existing project management work, rather than an automatic output from that underlying system. Just wondering what your t houghts are and if you'd have any suggestions. Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY18091_000000525 CEQ-18-0173-C-000011 Re: NEPW DecisionSupportSystem From: To: "Higgins, Rebecca (EPW)" Date: Fri, 09 Jun 2017 11:08:21 -0400 You have time later today or Monday. Good munber. Sent from my iPhone On Jun 9, 2017 , at 11:06 AM, Higgins, Rebecca (EPW) wrote: Hey Alex, How are you liking CEQ? In thinking about project delivery provisions that could be bipartisan and useful to practitioners, I'm thinking about a unified Decision Support System that would be housed at CEQ(probably? Or OMB?) and would be a single location for project management for practitioners across all the infrastructure funding and permitting agencies. With it, agencies would not have to create new files and fields for the projects once the project was created by another agency in this DSS. While there would upfront costs to stand up t his system, this seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard. Wh ile the dashboard helps publi c transparency goals, there's no evidence that agencies are using it as a project management too l, which means that it's an added layer on top of their existing project management work, rather than an automatic output from that underlying system. Just wondering what your thoughts are and if you'd have any suggestions. Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY18091 _ 000000589 CEQ-18-0173-C-000012 Re: NEPW DecisionSupportSystem From: To: "Higgins, Rebecca (EPW)" Date: Fri, 09 Jun 2017 11:08:21 -0400 You have time later today or Monday. Good munber. Sent from my iPhone On Jun 9, 2017 , at 11:06 AM, Higgins, Rebecca (EPW) wrote: Hey Alex, How are you liking CEQ? In thinking about project delivery provisions that could be bipartisan and useful to practitioners, I'm thinking about a unified Decision Support System that would be housed at CEQ(probably? Or OMB?) and would be a single location for project management for practitioners across all the infrastructure funding and permitting agencies. With it, agencies would not have to create new files and fields for the projects once the project was created by another agency in this DSS. While there would upfront costs to stand up t his system, this seems like a cost saving too l in the long run and could be really helpful. It seems like the next logical step to the FPISCand the dashboard. Wh ile the dashboard helps publi c transparency goals, there's no evidence that agencies are using it as a project management too l, which means that it's an added layer on top of their existing project management work, rather than an automatic output from that underlying system. Just wondering what your thoughts are and if you'd have any suggestions. Rebecca Higgins Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY18091 _ 000000589 CEQ-18-0173-C-000012 RE: call From To: "Neely , Amanda (HSGAC)" "Gribbin , DJ J. EOP/WHO" "Herrgott, Alex H. EOP/CEQ " Cc: . "Dockham . Andrew (HSGAC)" , "lsakowitz , Mark (Portman)" Date: Mon , 12 Jun 2017 16:10:40 -0400 DJ and Alex, As we discussed , here are t he high level tal king points for Sen. Por tman's remarks on Thursday. Thank s, Amanda Remarks Outline o I am pleased to be here at this first meeting under the Trump Administration of the Federal Permitting Improv ement Steering Council. o When I was working on writing the legislation that created this body, we envisioned that FPISC would be an invaluable tool in cutting through the red tape that slows down infrastructure development. o I am encouraged that the Trump Administration views FPISC in the same way and is developing creative ways that FPISC can be more effective going forward. o I look forward to working with whomever President Trump chooses to serve as Executive Director and with all of you to rea lize the potential of FPISC and want to thank all of you for your service. If asked about how this message jives with the letter Sens. Portman and McCaskill sent last week: o Since last week, we have had positive conversations with the White House and understand that the President Trump is making FPISC a prio1?ity_ I am glad tha t it will be a useful tool in supporting his infrastructure agenda. Amanda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000027 CEQ-18-0173-C-000013 RE: call From To: "Neely , Amanda (HSGAC)" "Gribbin , DJ J. EOP/WHO" "Herrgott, Alex H. EOP/CEQ " Cc: . "Dockham . Andrew (HSGAC)" , "lsakowitz , Mark (Portman)" Date: Mon , 12 Jun 2017 16:10:40 -0400 DJ and Alex, As we discussed , here are t he high level tal king points for Sen. Por tman's remarks on Thursday. Thank s, Amanda Remarks Outline o I am pleased to be here at this first meeting under the Trump Administration of the Federal Permitting Improv ement Steering Council. o When I was working on writing the legislation that created this body, we envisioned that FPISC would be an invaluable tool in cutting through the red tape that slows down infrastructure development. o I am encouraged that the Trump Administration views FPISC in the same way and is developing creative ways that FPISC can be more effective going forward. o I look forward to working with whomever President Trump chooses to serve as Executive Director and with all of you to rea lize the potential of FPISC and want to thank all of you for your service. If asked about how this message jives with the letter Sens. Portman and McCaskill sent last week: o Since last week, we have had positive conversations with the White House and understand that the President Trump is making FPISC a prio1?ity_ I am glad tha t it will be a useful tool in supporting his infrastructure agenda. Amanda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000027 CEQ-18-0173-C-000013 United States Senate / Amanda_Neely@HSGAC.Senatc.Gov From: Neely, Amanda (HSGAC) Sent: Monday, June 12, 2017 12:27 PM To: 'Gribbin, DJ J. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ; Dockham, Andrew (HSGAC) Subject: RE: call Sure , that's fine, tha nks . Amanda H. Nee ly General Coun se l to Senator Rob Portman Dep uty Chief Cou nsel, Per manent Subcommitt ee on Inv estigat ions Un ited States Senate / Amanda Neely@HSGAC.Senate .Gov From: Gribbin, DJ J. EOP/WHO [mailto Sent: Monday, June 12, 2017 12:26 PM To: Neely, Amanda (HSGAC) Cc: Herrgott, Alex H. EOP/CEQ; Dockham, Andrew (HSGAC) Subject: Re: call Great . I'm runn ing a little behind . Can we kick off at 1:10? Sent from my iPhone On Jun 12, 2017, at 12:21 PM, Neely, Amanda (HSGAC) wr ot e: Thank s, DJ. The PSI Staff Di1?ector, Andy Dockh am, will be joining over here . Amand a H. Nee l y General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcom mittee on Investigations Unjted States Senate / Amanda Nee]v@HSGAC .Senate.Gov From: Gribbin, DJ J. EOP/WHO mailto Sent: Monday,June 12, 2017 11:28 AM To: Neely, Amanda( HSGAC) Cc: Herrgott, Alex H. EOP/CEQ Subject: RE:call Amanda , I w ill call you at 1 w ith Alex . Pis let us know w ho wi ll be on t he call from your side . Looking forward to working with you . FPISCis a great idea. AMR AN PVERSIGHT 2 CEQ050FY1809 1_ 000000027 CEQ-18-0173-C-000014 United States Senate / Amanda_Neely@HSGAC.Senatc.Gov From: Neely, Amanda (HSGAC) Sent: Monday, June 12, 2017 12:27 PM To: 'Gribbin, DJ J. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ; Dockham, Andrew (HSGAC) Subject: RE: call Sure , that's fine, tha nks . Amanda H. Nee ly General Coun se l to Senator Rob Portman Dep uty Chief Cou nsel, Per manent Subcommitt ee on Inv estigat ions Un ited States Senate / Amanda Neely@HSGAC.Senate .Gov From: Gribbin, DJ J. EOP/WHO [mailto Sent: Monday, June 12, 2017 12:26 PM To: Neely, Amanda (HSGAC) Cc: Herrgott, Alex H. EOP/CEQ; Dockham, Andrew (HSGAC) Subject: Re: call Great . I'm runn ing a little behind . Can we kick off at 1:10? Sent from my iPhone On Jun 12, 2017, at 12:21 PM, Neely, Amanda (HSGAC) wr ot e: Thank s, DJ. The PSI Staff Di1?ector, Andy Dockh am, will be joining over here . Amand a H. Nee l y General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcom mittee on Investigations Unjted States Senate / Amanda Nee]v@HSGAC .Senate.Gov From: Gribbin, DJ J. EOP/WHO mailto Sent: Monday,June 12, 2017 11:28 AM To: Neely, Amanda( HSGAC) Cc: Herrgott, Alex H. EOP/CEQ Subject: RE:call Amanda , I w ill call you at 1 w ith Alex . Pis let us know w ho wi ll be on t he call from your side . Looking forward to working with you . FPISCis a great idea. AMR AN PVERSIGHT 2 CEQ050FY1809 1_ 000000027 CEQ-18-0173-C-000014 DJ From: Neely, Amanda (HSGAC) [mailto:Amanda Neely@ hsgac.senate.gov ] Sent: Monday, June 12, 2017 10:35 AM To: Gribbin, DJJ. EOP/WHO Subject:call Hi DJ, I left voicemails on your work and cell phones. Glad to talk at your convenience today about the FPISC meeting this week. Thanks a lot. Best , Amanda Amanda H. Nee ly General Coun se l to Senator Rob Portman DepuLy Chief Counsel, Pern,anent Sub commit tee on Investigations U nited States Sen ate / Amanda Neelv@HSGAC.Senate .Gov MR N PVERSIGHT 3 CEQ050FY18091 _ 000000027 CEQ-18-0173-C-000015 DJ From: Neely, Amanda (HSGAC) [mailto:Amanda Neely@ hsgac.senate.gov ] Sent: Monday, June 12, 2017 10:35 AM To: Gribbin, DJJ. EOP/WHO Subject:call Hi DJ, I left voicemails on your work and cell phones. Glad to talk at your convenience today about the FPISC meeting this week. Thanks a lot. Best , Amanda Amanda H. Nee ly General Coun se l to Senator Rob Portman DepuLy Chief Counsel, Pern,anent Sub commit tee on Investigations U nited States Sen ate / Amanda Neelv@HSGAC.Senate .Gov MR N PVERSIGHT 3 CEQ050FY18091 _ 000000027 CEQ-18-0173-C-000015 Re: Texas Considerations in Infrastructure From: "Smith, Madison (Cornyn)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 12 Jun 2017 15:23:44 -0400 Thanks. If 1 miss you for any reasonru dial right back wrote: On 6/ L2/ l 7, 3:07 PM, "Herrgott, Alex H. EOP/CEQ" Great. ?'II caJIshortly Sent frommy iPhone On Jun 12, 2017, at 3:05 PM, Smith, Madison (Comyn) > wrote: My meetingjust ended and I am free now until 5:00.from: "Herrgon, Alex H . EOP /CEQ " > Subject:RE : Texas Considerations in Infras1ructure Can I call you at 3pm today From: Smith , Madison (Comyn) [mailto:Madison_Smitb @cornyn.senate.gov] Sent: Monday , Jm1e 12, 2017 9:57 AM To: Herrgott , Alex H. EOP/CEQ Subject: Re : Texas Considerations in Infrastructure Hey AlexJust pinging you again here to see if you might have a few free minutes this week or next. Madison From: MadisonSmith > Date: Wednesday, June 7, 2017 at 10:02 AM To: ' To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 12 Jun 2017 15:23:44 -0400 Thanks. If 1 miss you for any reasonru dial right back wrote: On 6/ L2/ l 7, 3:07 PM, "Herrgott, Alex H. EOP/CEQ" Great. ?'II caJIshortly Sent frommy iPhone On Jun 12, 2017, at 3:05 PM, Smith, Madison (Comyn) > wrote: My meetingjust ended and I am free now until 5:00.from: "Herrgon, Alex H . EOP /CEQ " > Subject:RE : Texas Considerations in Infras1ructure Can I call you at 3pm today From: Smith , Madison (Comyn) [mailto:Madison_Smitb @cornyn.senate.gov] Sent: Monday , Jm1e 12, 2017 9:57 AM To: Herrgott , Alex H. EOP/CEQ Subject: Re : Texas Considerations in Infrastructure Hey AlexJust pinging you again here to see if you might have a few free minutes this week or next. Madison From: MadisonSmith > Date: Wednesday, June 7, 2017 at 10:02 AM To: ' "Herrgott, Alex H. EOP/CEQ" Cc: . "Dockham . Andrew (HSGAC)" , "lsakowitz , Mark (Portman)" Date: Mon, 12 Jun 2017 16:56:15-0400 That's perfect. Thanks. Sent from my iPhone On Jun 12, 2017, at 4: 12 PM, Neely, Amanda (HSGAC) wrote: DJ and Alex, As we discussed , here are the high level talking points for Sen. Portman's remarks on Thursday. Thanks , Amanda Remarks Outline o I am pleased to be here at th is first meeting under the Trump Administration of the Federal Permitting Improvement Steering Council . o When I was working on writing the legislation that created this body, we envisioned that FPISC would be an invaluable tool in cu tting through the r ed tape that slows down infrastructure development. o I am encouraged that the Trump Administ ration views FPI SC in the same way and is developing creative ways that FP ISC can be more effective going forward . o I look forward to working with whomever President Trump chooses to serve as Executive Director and with all of you to realize the potential of FPISC and want to thank all of you for your service. If asked about how this message jives with th e let ter Sens. Portman and McCaskill sent la st week: o Since last week , we have had positive conversations with the White House and under stand t hat the President Trump is making FPISC a priority. I AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002627 CEQ-18-0173-C-000018 Re: call From To: "Gribbin , DJ J. EOP/WHO" "Neely, Amanda (HSGAC)" "Herrgott, Alex H. EOP/CEQ" Cc: . "Dockham . Andrew (HSGAC)" , "lsakowitz , Mark (Portman)" Date: Mon, 12 Jun 2017 16:56:15-0400 That's perfect. Thanks. Sent from my iPhone On Jun 12, 2017, at 4: 12 PM, Neely, Amanda (HSGAC) wrote: DJ and Alex, As we discussed , here are the high level talking points for Sen. Portman's remarks on Thursday. Thanks , Amanda Remarks Outline o I am pleased to be here at th is first meeting under the Trump Administration of the Federal Permitting Improvement Steering Council . o When I was working on writing the legislation that created this body, we envisioned that FPISC would be an invaluable tool in cu tting through the r ed tape that slows down infrastructure development. o I am encouraged that the Trump Administ ration views FPI SC in the same way and is developing creative ways that FP ISC can be more effective going forward . o I look forward to working with whomever President Trump chooses to serve as Executive Director and with all of you to realize the potential of FPISC and want to thank all of you for your service. If asked about how this message jives with th e let ter Sens. Portman and McCaskill sent la st week: o Since last week , we have had positive conversations with the White House and under stand t hat the President Trump is making FPISC a priority. I AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002627 CEQ-18-0173-C-000018 am glad that it will be a useful tool in supporting his infrastructure agenda. Amanda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Coun sel, Permanent Subcom miU.eeon lnvestigations United St.ates Senate I Amanda Nee ly@HSGAC.Senate.Gov From: Neely, Amanda (HSGAC) Sent: Monday, June 12, 2017 12:27 PM To: 'Gribbin, DJ J. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ;Dockham, Andrew (HSGAC) Subject: RE: call Sure, that's fine, thanks. Amanda H. Nee ly General Counsel to Sena tor Rob Portman Deputy Chief CounRel, Permanent Subcommittee on Investigations United Statps Senate / Amanda Nee lv@HSGAC.Sena te .Gov From: Gribbin, DJ J. EOP/WHO mailto Sent: Monday, June 12, 2017 12:26 PM To : Neely, Amanda (HSGAC) Cc: Herrgott, Alex H. EOP/CEQ;Dockham, Andrew (HSGAC) Subject: Re: call Great. I'm running a little behind . Can we kick off at 1:10? Sent from my iPhone On Jun 12, 2017, at 12:21 PM, Neely, Amanda {HSGAC) wrote: Thanks, DJ. The PSI Staff Director, Andy Dockham, will be joining over here. Ama nda H. Nee ly Genel'a] Counsel l.o Scnatot? Rob Por'l,man Deputy Chief Counsel, Permanent, Subcommitt,ce on Tnvest,igations Unil.cd States Scnat,c / Amanda Ncely @HSOAC .Senate .Cov From: Gribbin,DJ J. EOP/WHO [mailto Sent: Monday,June 12, 2017 11:28 AM To: Neely,Amanda(HSGAC) Cc: Herrgott,Alex H. EOP/CEQ Subject: RE: call AMR AN PVERSIGHT 2 CEQ050FY18091 _ 000002627 CEQ-18-0173-C-000019 am glad that it will be a useful tool in supporting his infrastructure agenda. Amanda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Coun sel, Permanent Subcom miU.eeon lnvestigations United St.ates Senate I Amanda Nee ly@HSGAC.Senate.Gov From: Neely, Amanda (HSGAC) Sent: Monday, June 12, 2017 12:27 PM To: 'Gribbin, DJ J. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ;Dockham, Andrew (HSGAC) Subject: RE: call Sure, that's fine, thanks. Amanda H. Nee ly General Counsel to Sena tor Rob Portman Deputy Chief CounRel, Permanent Subcommittee on Investigations United Statps Senate / Amanda Nee lv@HSGAC.Sena te .Gov From: Gribbin, DJ J. EOP/WHO mailto Sent: Monday, June 12, 2017 12:26 PM To : Neely, Amanda (HSGAC) Cc: Herrgott, Alex H. EOP/CEQ;Dockham, Andrew (HSGAC) Subject: Re: call Great. I'm running a little behind . Can we kick off at 1:10? Sent from my iPhone On Jun 12, 2017, at 12:21 PM, Neely, Amanda {HSGAC) wrote: Thanks, DJ. The PSI Staff Director, Andy Dockham, will be joining over here. Ama nda H. Nee ly Genel'a] Counsel l.o Scnatot? Rob Por'l,man Deputy Chief Counsel, Permanent, Subcommitt,ce on Tnvest,igations Unil.cd States Scnat,c / Amanda Ncely @HSOAC .Senate .Cov From: Gribbin,DJ J. EOP/WHO [mailto Sent: Monday,June 12, 2017 11:28 AM To: Neely,Amanda(HSGAC) Cc: Herrgott,Alex H. EOP/CEQ Subject: RE: call AMR AN PVERSIGHT 2 CEQ050FY18091 _ 000002627 CEQ-18-0173-C-000019 Ama nda, I will cal l you at 1 w it h Alex. Pis let us know who will be on the call from your side. Looking forward to working with you. FPISC is a great idea. DJ From: Neely, Amanda {HSGAC) [mailto :Amanda Sent: M onday, June 12, 2017 10:35 AM To: Gribbin, DJ J. EOP/WHO Subject: call Neely@hsgac.sena t e.gov ) Hi DJ , I left voicemails on your work and cell phones. Glad to talk at your convenience today about th e F PISC meeting this we ek. Thanks a lot. Best , Amanda Amanda H. Nee ly Genernl Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations United StaLesSenate / Amanda Neely@HSGAC.Senat.e.Gov MR N PVERSIGHT 3 CEQ050FY18091 _ 000002627 CEQ-18-0173-C-000020 Ama nda, I will cal l you at 1 w it h Alex. Pis let us know who will be on the call from your side. Looking forward to working with you. FPISC is a great idea. DJ From: Neely, Amanda {HSGAC) [mailto :Amanda Sent: M onday, June 12, 2017 10:35 AM To: Gribbin, DJ J. EOP/WHO Subject: call Neely@hsgac.sena t e.gov ) Hi DJ , I left voicemails on your work and cell phones. Glad to talk at your convenience today about th e F PISC meeting this we ek. Thanks a lot. Best , Amanda Amanda H. Nee ly Genernl Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations United StaLesSenate / Amanda Neely@HSGAC.Senat.e.Gov MR N PVERSIGHT 3 CEQ050FY18091 _ 000002627 CEQ-18-0173-C-000020 Tomorrow From To: "Gribbin , DJ J. EOP/WHO" "Neely, Amanda (HSGAC)" "Herrgott . Alex H. EOP/CEQ" Cc: , "Dockham . Andrew (HSGAC)" , "lsakowitz , Mark (Portman)" , Janet Pfleeger - Y Date: Wed , 14 Jun 2017 12:28:26 -0400 Amanda, I'm cc'ing Janet who can fill you in on the details of tomorrow's event. Look forward to seeing you t hen, DJ From: Neely, Amanda {HSGAC}[mailto:Amanda _Neely@hsgac.senate.gov] Sent : Wednesday, June 14, 2017 12:03 PM To: Gribbin, DJJ. EOP/WHO Cc: Herrgott, Alex H. EOP/CEQ ; Dockham, Andrew (HSGAC) ; lsakowitz , Mark (Portman) Subject : RE: call DJ and Alex, You had mention ed that you were going to speak with Acting Executive Direc tor J anet Pfleeger on Monday and would circle back with us after that conversation to update us on anything that would be helpful to know about the meeting. I wanted to close that loop and ensure we have all the information for tomorrow - if you could share any updates today, that would be great . Thanks , Amanda Amanda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Cow1sel, Permanen t Subcommittee on lnv estigat,ions United Stat.E',sSenate / Amand a_Nee]y @IISGAC.Senate.Gov AMR AN PVERSIGHT 1 CEQ050FY18091_000000501 CEQ-18-0173-C-000021 Tomorrow From To: "Gribbin , DJ J. EOP/WHO" "Neely, Amanda (HSGAC)" "Herrgott . Alex H. EOP/CEQ" Cc: , "Dockham . Andrew (HSGAC)" , "lsakowitz , Mark (Portman)" , Janet Pfleeger - Y Date: Wed , 14 Jun 2017 12:28:26 -0400 Amanda, I'm cc'ing Janet who can fill you in on the details of tomorrow's event. Look forward to seeing you t hen, DJ From: Neely, Amanda {HSGAC}[mailto:Amanda _Neely@hsgac.senate.gov] Sent : Wednesday, June 14, 2017 12:03 PM To: Gribbin, DJJ. EOP/WHO Cc: Herrgott, Alex H. EOP/CEQ ; Dockham, Andrew (HSGAC) ; lsakowitz , Mark (Portman) Subject : RE: call DJ and Alex, You had mention ed that you were going to speak with Acting Executive Direc tor J anet Pfleeger on Monday and would circle back with us after that conversation to update us on anything that would be helpful to know about the meeting. I wanted to close that loop and ensure we have all the information for tomorrow - if you could share any updates today, that would be great . Thanks , Amanda Amanda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Cow1sel, Permanen t Subcommittee on lnv estigat,ions United Stat.E',sSenate / Amand a_Nee]y @IISGAC.Senate.Gov AMR AN PVERSIGHT 1 CEQ050FY18091_000000501 CEQ-18-0173-C-000021 From: Gribb in, DJ J. EOP/ WHO [mailt Sent: Monday, June 12, 2017 4:56 PM To: Neely, Amanda (HSGAC) Cc: Herrgott, Alex H. EOP/CEQ; Dockham, Andrew (HSGAC); Isakow itz, Mark (Portman) Subject: Re: call That 's perfect . Tha nks. Sent from my iPhone On Jun 12, 2017, at 4 :12 PM, Neely, Amanda (HSGAC} wrote: DJ and Alex, As we discussed , here are the high level talking points for Sen . Portman's remarks on Thursday. Thanks , Amanda Remarks Outline o I am pleased to be here at this first meeting? under the Trump Administration of the Federal Permitting Improvement Steering Council. o When I was working on wri ting the legislation that created this body, we envisioned that FPISC would be an invaluable tool in cutting through the red tape that slows down infrastructure development. o I am encouraged that the Trump Administra tion views FPISC in the same way and is developing creative ways that FPISC can be more effective going forward. o I look forward to working with whomever President Tr ump chooses to serve as Executive Director and with all of you to realize the potential of FPISC and want to thank all of you for your service . If asked about how this message jives with th e letter Sens . Portman and McCaskill sent last week: o Since last week, we have had positive conversations with the White House and understand that the President Trump is making FPISC a priority. I am glad that it will be a useful tool in supporting his infrastructure agenda. Ama n da H. Nee ly General Counsel to Sena tor Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations United States Senate / Amanda Neely@HSGAC .Senal;e.Gov AMR AN PVERSIGHT 2 CEQ050FY1809 1_ 0000 00501 CEQ-18-0173-C-000022 From: Gribb in, DJ J. EOP/ WHO [mailt Sent: Monday, June 12, 2017 4:56 PM To: Neely, Amanda (HSGAC) Cc: Herrgott, Alex H. EOP/CEQ; Dockham, Andrew (HSGAC); Isakow itz, Mark (Portman) Subject: Re: call That 's perfect . Tha nks. Sent from my iPhone On Jun 12, 2017, at 4 :12 PM, Neely, Amanda (HSGAC} wrote: DJ and Alex, As we discussed , here are the high level talking points for Sen . Portman's remarks on Thursday. Thanks , Amanda Remarks Outline o I am pleased to be here at this first meeting? under the Trump Administration of the Federal Permitting Improvement Steering Council. o When I was working on wri ting the legislation that created this body, we envisioned that FPISC would be an invaluable tool in cutting through the red tape that slows down infrastructure development. o I am encouraged that the Trump Administra tion views FPISC in the same way and is developing creative ways that FPISC can be more effective going forward. o I look forward to working with whomever President Tr ump chooses to serve as Executive Director and with all of you to realize the potential of FPISC and want to thank all of you for your service . If asked about how this message jives with th e letter Sens . Portman and McCaskill sent last week: o Since last week, we have had positive conversations with the White House and understand that the President Trump is making FPISC a priority. I am glad that it will be a useful tool in supporting his infrastructure agenda. Ama n da H. Nee ly General Counsel to Sena tor Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations United States Senate / Amanda Neely@HSGAC .Senal;e.Gov AMR AN PVERSIGHT 2 CEQ050FY1809 1_ 0000 00501 CEQ-18-0173-C-000022 RE: call From To: "Neely, Amanda (HSGAC)" "Gribbin, DJ J. EOP/WHO" "Herrgott. Alex H. EOP/CEQ" Cc: >. "Dockham. Andrew (HSGAC)" , "lsakowitz , Mark (Portman)" Date : Wed , 14 Jun 20 17 12:03:25 -0400 DJ and Alex, You had mentioned that you were going to speak with Acting Executive Director J anet Pfleeger on Monday and would circle back with us after that conversation to upd ate us on anything that would be helpful to know about the meeting. I wanted to close that loop and ensure we have all the information for tomorrow - if you could share any updates today, that would be great. rrhank s, Amanda Amanda H. Nee ly General Counse l to Senator Rob Por tma n Deputy Chief Counsel , Permanen t Subcommittee on Investigations UniLod State s Senato / Amanda_Neoly @HSGAC.Senate .Gov From: Gribbin, DJJ. EOP/WHO[mailto Sent: Monday,June 12, 2017 4:56 PM To: Neely,Amanda(HSGAC) Cc: Herrgott, Alex H. EOP/CEQ;Dockham,Andrew(HSGAC);Isakowitz, Mark (Portman) Subject: Re:call That's perfect . Thanks. Sent from my iPhone On Jun 12, 2017, at 4 :12 PM, Neely, Amanda (HSGAC) wrote: DJ and Alex, As we discussed, here al'e the high level talking points for Sen. Por tman's remarks on Thursday. Thanks , AMR AN PVERSIGHT 1 CEQ050FY18091_000002624 CEQ-18-0173-C-000023 RE: call From To: "Neely, Amanda (HSGAC)" "Gribbin, DJ J. EOP/WHO" "Herrgott. Alex H. EOP/CEQ" Cc: >. "Dockham. Andrew (HSGAC)" , "lsakowitz , Mark (Portman)" Date : Wed , 14 Jun 20 17 12:03:25 -0400 DJ and Alex, You had mentioned that you were going to speak with Acting Executive Director J anet Pfleeger on Monday and would circle back with us after that conversation to upd ate us on anything that would be helpful to know about the meeting. I wanted to close that loop and ensure we have all the information for tomorrow - if you could share any updates today, that would be great. rrhank s, Amanda Amanda H. Nee ly General Counse l to Senator Rob Por tma n Deputy Chief Counsel , Permanen t Subcommittee on Investigations UniLod State s Senato / Amanda_Neoly @HSGAC.Senate .Gov From: Gribbin, DJJ. EOP/WHO[mailto Sent: Monday,June 12, 2017 4:56 PM To: Neely,Amanda(HSGAC) Cc: Herrgott, Alex H. EOP/CEQ;Dockham,Andrew(HSGAC);Isakowitz, Mark (Portman) Subject: Re:call That's perfect . Thanks. Sent from my iPhone On Jun 12, 2017, at 4 :12 PM, Neely, Amanda (HSGAC) wrote: DJ and Alex, As we discussed, here al'e the high level talking points for Sen. Por tman's remarks on Thursday. Thanks , AMR AN PVERSIGHT 1 CEQ050FY18091_000002624 CEQ-18-0173-C-000023 Amanda Remarks Outline o I am pleased to be here at this fir st meeting- under the Trump Administration of the Federal Permitting Improvement Steering Council . o When I was working on wri ting the legislation that created this body, we envisioned that FPISC would be an invaluable tool in cutting through the red tape that slows down infrastructure development. o I am encouraged that the Trump Administra tion views FPISC in the same way and is developing creative ways that FPISC can be more effective going forward. o I look forward to working with whomever President Trump chooses to serve as Executive Director and with all of you to realize the potential of FPISC and want to thank all of you for your service . If asked about how this message jives with the letter Sens. Portman and McCaskill sent las t week: o Since last week, we have had positive conversations with the White House and understand that the President Trump is making- FP ISC a priority . I am glad that it will be a useful tool in supporting his infrastructure agenda. Amanda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations United States Senate / Amanda Neely@HSGAC.Senate.Gov From: Neely, Amanda (HSGAC) Sent: Monday, June 12, 2017 12:27 PM To : 'Gribbin, DJ J. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ;Dockham, Andrew (HSGAC) Subject: RE:call Sure , that's fine, thanks. Aman da H. Nee ly General Counsel to Senator Rob Port.man Deputy Chief Counsel, Permanent Subcommitt,ee on Inv estigations Unjt,ed States Senate / Amanda NeeJy@HSGAC.Senate.Gov From: Gribbin, DJ J. EOP/WHO mailto Sent: Monday, June 12, 2017 12:26 PM To : Neely, Amanda (HSGAC) AMR AN PVERSIGHT 2 CEQ050FY 18091 _ 000002624 CEQ-18-0173-C-000024 Amanda Remarks Outline o I am pleased to be here at this fir st meeting- under the Trump Administration of the Federal Permitting Improvement Steering Council . o When I was working on wri ting the legislation that created this body, we envisioned that FPISC would be an invaluable tool in cutting through the red tape that slows down infrastructure development. o I am encouraged that the Trump Administra tion views FPISC in the same way and is developing creative ways that FPISC can be more effective going forward. o I look forward to working with whomever President Trump chooses to serve as Executive Director and with all of you to realize the potential of FPISC and want to thank all of you for your service . If asked about how this message jives with the letter Sens. Portman and McCaskill sent las t week: o Since last week, we have had positive conversations with the White House and understand that the President Trump is making- FP ISC a priority . I am glad that it will be a useful tool in supporting his infrastructure agenda. Amanda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations United States Senate / Amanda Neely@HSGAC.Senate.Gov From: Neely, Amanda (HSGAC) Sent: Monday, June 12, 2017 12:27 PM To : 'Gribbin, DJ J. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ;Dockham, Andrew (HSGAC) Subject: RE:call Sure , that's fine, thanks. Aman da H. Nee ly General Counsel to Senator Rob Port.man Deputy Chief Counsel, Permanent Subcommitt,ee on Inv estigations Unjt,ed States Senate / Amanda NeeJy@HSGAC.Senate.Gov From: Gribbin, DJ J. EOP/WHO mailto Sent: Monday, June 12, 2017 12:26 PM To : Neely, Amanda (HSGAC) AMR AN PVERSIGHT 2 CEQ050FY 18091 _ 000002624 CEQ-18-0173-C-000024 Cc: Herrgott, Alex H. EOP/CEQ;Dockham, Andrew (HSGAC) Subject: Re: call Great. I'm running a little behind . Can we kick off at 1:10? Sent from my iPhone On Jun 12, 2017, at 12:21 PM, Neely, Amanda (HSGAC) wrote: Thanks, DJ . The P SI St aff Directo r, Andy Dockha m, will be joining over here. Ama nda H. Nee ly Genera l Counsel LoSenator Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations United States Senate / Amanda Neely@HSGAC.Senate.Gov From: Gribbin, DJ J. EOP/WHOmailto Sent: Monday,June 12, 2017 11:28 AM To: Neely, Amanda (HSGAC) Cc: Herrgott, Alex H. EOP/CEQ Subject : RE:call Amanda, I wi ll call you at 1 w it h Alex. Pis let us know who will be on the call from your side. Looking forward to wo rking wi th yo u. FPISC is a great idea . DJ From: Neely, Amanda {HSGAC)[mailto :Amanda Neely@hsgac.senat e.gov] Sent: Monday , June 12, 2017 10:35 AM To : Gribbin, DJ J. EOP/WHO Subject: call Hi DJ , I left voicem ails on your work and cell phones. Glad to ta lk at your conveni ence today abou t the FPISC meet ing th is week. Thank s a lot. Best, Amanda Amand a H. Ne ely General Counsel to Senat,or Rob Portman Deputy Chief Counsel, Per manent SubcommiLteeon Jnvestigat,ions United States Senate / Amanda Neely@HSGAC.Senate.Gov AMR AN PVERSIGHT 3 CEQ050FY 18091 _ 000002624 CEQ-18-0173-C-000025 Cc: Herrgott, Alex H. EOP/CEQ;Dockham, Andrew (HSGAC) Subject: Re: call Great. I'm running a little behind . Can we kick off at 1:10? Sent from my iPhone On Jun 12, 2017, at 12:21 PM, Neely, Amanda (HSGAC) wrote: Thanks, DJ . The P SI St aff Directo r, Andy Dockha m, will be joining over here. Ama nda H. Nee ly Genera l Counsel LoSenator Rob Portman Deputy Chief Counsel, Permanent Subcommittee on Investigations United States Senate / Amanda Neely@HSGAC.Senate.Gov From: Gribbin, DJ J. EOP/WHOmailto Sent: Monday,June 12, 2017 11:28 AM To: Neely, Amanda (HSGAC) Cc: Herrgott, Alex H. EOP/CEQ Subject : RE:call Amanda, I wi ll call you at 1 w it h Alex. Pis let us know who will be on the call from your side. Looking forward to wo rking wi th yo u. FPISC is a great idea . DJ From: Neely, Amanda {HSGAC)[mailto :Amanda Neely@hsgac.senat e.gov] Sent: Monday , June 12, 2017 10:35 AM To : Gribbin, DJ J. EOP/WHO Subject: call Hi DJ , I left voicem ails on your work and cell phones. Glad to ta lk at your conveni ence today abou t the FPISC meet ing th is week. Thank s a lot. Best, Amanda Amand a H. Ne ely General Counsel to Senat,or Rob Portman Deputy Chief Counsel, Per manent SubcommiLteeon Jnvestigat,ions United States Senate / Amanda Neely@HSGAC.Senate.Gov AMR AN PVERSIGHT 3 CEQ050FY 18091 _ 000002624 CEQ-18-0173-C-000025 infrastructure council From: "Bodine , Susan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 20 Jul 2017 17:39:27 -0400 How do you plan to handle identifying counci l members? Will you solicit names from the pub lic? Susan Parker Bodine Chief Counsel U .S. Senate Environment & Public Works Committee 410 Dirksen Senate Office Building Washington. DC 20510 MR N PVERSIGHT 1 CEQ050FY18091 _ 000000405 CEQ-18-0173-C-000026 infrastructure council From: "Bodine , Susan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 20 Jul 2017 17:39:27 -0400 How do you plan to handle identifying counci l members? Will you solicit names from the pub lic? Susan Parker Bodine Chief Counsel U .S. Senate Environment & Public Works Committee 410 Dirksen Senate Office Building Washington. DC 20510 MR N PVERSIGHT 1 CEQ050FY18091 _ 000000405 CEQ-18-0173-C-000026 Re: infrastructure council From: To: "Bodine , Susan (EPW )" Date: Fri, 21 Jul 2017 08:51 :20 -0400 People are submitting to me and DJ Got some ideas? Sent from my iPhone On Jul 20, 2017, at 5:39 PM, Bodine, Susan (EPW) wrote: How do you plan to handle identify ing council members? Will you solicit names from the public? Susan Parker Bodine Chief Counse l U .S. Senate Environment & Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 MR N PVERSIGHT 1 CEQ050FY18091 _ 000000251 CEQ-18-0173-C-000027 Re: infrastructure council From: To: "Bodine , Susan (EPW )" Date: Fri, 21 Jul 2017 08:51 :20 -0400 People are submitting to me and DJ Got some ideas? Sent from my iPhone On Jul 20, 2017, at 5:39 PM, Bodine, Susan (EPW) wrote: How do you plan to handle identify ing council members? Will you solicit names from the public? Susan Parker Bodine Chief Counse l U .S. Senate Environment & Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 MR N PVERSIGHT 1 CEQ050FY18091 _ 000000251 CEQ-18-0173-C-000027 Re: infrastructure council From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e75a45c19c9813-herrgott , a"> To: "Bodine, Susan (EPW)" Date: Fri, 21 Jul 2017 08:51:18 -0400 People are submitting to me and DJ Got some ideas? Sent from my iPhone On Jul 20, 2017, at 5:39PM, Bodine, Susan (EPW) wrote: How do you plan to handle identify ing council members? Will you solicit names from the public? Susan Parker Bodine Chief Counse l U .S. Senate Environment & Public Works Committee 41 O Dirksen Senate Office Building Washington, DC 205 10 MR N PVERSIGHT 1 CEQ050FY18091_000001957 CEQ-18-0173-C-000028 Re: infrastructure council From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e75a45c19c9813-herrgott , a"> To: "Bodine, Susan (EPW)" Date: Fri, 21 Jul 2017 08:51:18 -0400 People are submitting to me and DJ Got some ideas? Sent from my iPhone On Jul 20, 2017, at 5:39PM, Bodine, Susan (EPW) wrote: How do you plan to handle identify ing council members? Will you solicit names from the public? Susan Parker Bodine Chief Counse l U .S. Senate Environment & Public Works Committee 41 O Dirksen Senate Office Building Washington, DC 205 10 MR N PVERSIGHT 1 CEQ050FY18091_000001957 CEQ-18-0173-C-000028 RE: EO? From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydiboh f23spdlt )/cn=recipients/c n=c7ce1 ebaef28486db 7e 75a45c 19c9813-herrgo tt, a"> To : "Brunner, Jan (EPW)" Date: Tue , 15 Aug 2017 10:55 :03 -0400 4pm Alexander Herr got t Associate Di rector fo r Infrastruct ure Council on Envi ro nm ental Quality From: Brunner, Jan (EPW) [mailto :Jan_ Br unner@epw .senat e.gov] Sent : Tuesday, August 15, 2017 10:53 AM To: Her rgot t, Alex H. EOP/CEQ Subject : RE: EO? When? This aft ernoon? From: Herrgott, Alex H. EOP/CEQ [ mailto Sent : Tuesday, August 15, 2017 10:52 AM To: Brunner, Jan (EPW) Subject : RE: EO? WE are signing an EO on permit ting. Alexa nder Her rgott Associate Directo r fo r Infrastructure Council on Envi ronmental Quality From: Brunner, Jan (EPW) [mailto :Jan Brunner@epw .senate .gov] Sent : Tuesday, Aug ust 15, 20 17 10:37 AM To: Herrgott, Alex H. EOP/CEQ Subject : EO? Sure Memmott has reached out to you already . He asked for your email address . He' s in charge of the office with Richard and Brian gone . Anything you can te ll me? Jan Brunner Majority Counsel AMR AN PVERSIGHT 1 CEQ050FY 1809 1_0000000 12 CEQ-18-0173-C-000029 RE: EO? From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydiboh f23spdlt )/cn=recipients/c n=c7ce1 ebaef28486db 7e 75a45c 19c9813-herrgo tt, a"> To : "Brunner, Jan (EPW)" Date: Tue , 15 Aug 2017 10:55 :03 -0400 4pm Alexander Herr got t Associate Di rector fo r Infrastruct ure Council on Envi ro nm ental Quality From: Brunner, Jan (EPW) [mailto :Jan_ Br unner@epw .senat e.gov] Sent : Tuesday, August 15, 2017 10:53 AM To: Her rgot t, Alex H. EOP/CEQ Subject : RE: EO? When? This aft ernoon? From: Herrgott, Alex H. EOP/CEQ [ mailto Sent : Tuesday, August 15, 2017 10:52 AM To: Brunner, Jan (EPW) Subject : RE: EO? WE are signing an EO on permit ting. Alexa nder Her rgott Associate Directo r fo r Infrastructure Council on Envi ronmental Quality From: Brunner, Jan (EPW) [mailto :Jan Brunner@epw .senate .gov] Sent : Tuesday, Aug ust 15, 20 17 10:37 AM To: Herrgott, Alex H. EOP/CEQ Subject : EO? Sure Memmott has reached out to you already . He asked for your email address . He' s in charge of the office with Richard and Brian gone . Anything you can te ll me? Jan Brunner Majority Counsel AMR AN PVERSIGHT 1 CEQ050FY 1809 1_0000000 12 CEQ-18-0173-C-000029 Senate Committee on Env ironment and Public Works 415 Hart Senate Office Building MR N PVERSIGHT 2 CEQ050FY18091_000000012 CEQ-18-0173-C-000030 Senate Committee on Env ironment and Public Works 415 Hart Senate Office Building MR N PVERSIGHT 2 CEQ050FY18091_000000012 CEQ-18-0173-C-000030 RE: EO From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e75a45c19c9813-herrgott , a"> To : "Memmott, Justin (EPW)" Date: Tue , 15 Aug 2017 10:07 :23 -0400 Cell is Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality From : Memmott, Justin (EPW) [mailto:Just in_Memmott@epw.senate.gov] Sent : Tuesday, August 15, 2017 9:52 AM To: Herrgott, Alex H. EOP/CEQ > Subject: EO Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of the EO on infrastructure permitting? Thank you . Justin J. Memmott Majo rity Senior Counsel Senate Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY 18091_000000015 CEQ-18-0173-C-000031 RE: EO From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e75a45c19c9813-herrgott , a"> To : "Memmott, Justin (EPW)" Date: Tue , 15 Aug 2017 10:07 :23 -0400 Cell is Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality From : Memmott, Justin (EPW) [mailto:Just in_Memmott@epw.senate.gov] Sent : Tuesday, August 15, 2017 9:52 AM To: Herrgott, Alex H. EOP/CEQ > Subject: EO Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of the EO on infrastructure permitting? Thank you . Justin J. Memmott Majo rity Senior Counsel Senate Environment and Public Works Committee MR N PVERSIGHT 1 CEQ050FY 18091_000000015 CEQ-18-0173-C-000031 Re: EO From: "Memmott, Justin (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 201713:12:35 -0400 > Don't forget this oldie but goody from Chairman Boxer in 201 3... "The environmentalists don ' t like to have any deadlines set so that they can stall projects forever ," Boxer said. "I tbjnk it's wrong, and I have many cases in California where absolute ly necessary flood control projects have been held up for so long that people are suffering from the adverse impacts of flood ing." >http :// wv-rw. laketahoenews.net/2013 /05/boxer -not-in-lockstep -with-environ mentalists /< On Aug 15, 2017, al l 0:09 AM , Mell]J]]0ll, Justin (EPW ) wrote : Thanks. From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday, August 15, 2017 10:07 AM To: Memmott, Justin (EPW) Subject: RE: EO Cell is Alexander Herrgott Associate Director for Infrastr ucture Counc il on Environmental Quality From: Memmott, Justin (EPW) (mailto:Justin Memmott@epw.senate .gov] Sent : Tuesday, August 15, 2017 9:52 AM To : Herrgott, Alex H. EOP/CEQ Subject: EO Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of t he EO on infrastructure permitt ing? AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000432 CEQ-18-0173-C-000032 Re: EO From: "Memmott, Justin (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 201713:12:35 -0400 > Don't forget this oldie but goody from Chairman Boxer in 201 3... "The environmentalists don ' t like to have any deadlines set so that they can stall projects forever ," Boxer said. "I tbjnk it's wrong, and I have many cases in California where absolute ly necessary flood control projects have been held up for so long that people are suffering from the adverse impacts of flood ing." >http :// wv-rw. laketahoenews.net/2013 /05/boxer -not-in-lockstep -with-environ mentalists /< On Aug 15, 2017, al l 0:09 AM , Mell]J]]0ll, Justin (EPW ) wrote : Thanks. From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday, August 15, 2017 10:07 AM To: Memmott, Justin (EPW) Subject: RE: EO Cell is Alexander Herrgott Associate Director for Infrastr ucture Counc il on Environmental Quality From: Memmott, Justin (EPW) (mailto:Justin Memmott@epw.senate .gov] Sent : Tuesday, August 15, 2017 9:52 AM To : Herrgott, Alex H. EOP/CEQ Subject: EO Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of t he EO on infrastructure permitt ing? AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000432 CEQ-18-0173-C-000032 Thank you. Justin J. Memmott Majority Senior Counsel Senate Environment and Public Works Committee MR N PVERSIGHT 2 CEQ050FY18091_000000432 CEQ-18-0173-C-000033 Thank you. Justin J. Memmott Majority Senior Counsel Senate Environment and Public Works Committee MR N PVERSIGHT 2 CEQ050FY18091_000000432 CEQ-18-0173-C-000033 EO text From To: Date: "Neely, Amanda (HSGAC)" "Gribbin , DJ J. EOP/WHO" , "Herrgott , Alex H. EOP/CEQ" Tue , 15 Aug 2017 13:09:14 -0400 DJ or Alex, Would one of you please send me the text of the permitting EO? Thanks a lot . Amanda Aman d a H. Nee ly General Counsel to Senator Rob .Portman Deputy Chief Counsel, P er manen t Subcommittee on investigations United States Senate / Amanda_Neel y@HSGAC.Senat e.Gov MR N PVERSIGHT 1 CEQ050FY18091 _ 000000435 CEQ-18-0173-C-000034 EO text From To: Date: "Neely, Amanda (HSGAC)" "Gribbin , DJ J. EOP/WHO" , "Herrgott , Alex H. EOP/CEQ" Tue , 15 Aug 2017 13:09:14 -0400 DJ or Alex, Would one of you please send me the text of the permitting EO? Thanks a lot . Amanda Aman d a H. Nee ly General Counsel to Senator Rob .Portman Deputy Chief Counsel, P er manen t Subcommittee on investigations United States Senate / Amanda_Neel y@HSGAC.Senat e.Gov MR N PVERSIGHT 1 CEQ050FY18091 _ 000000435 CEQ-18-0173-C-000034 TransmissionsitingFERC backstopin HousepassedHR 6 in 109th Congress From: "Bodine , Susan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 2017 13:02:19 -0400 Attachments: BILLS-109hr6eh.pdf (1.87 MB) Sec. 1221 - preempts state law (amends the Federal Power Act wh ich already has preempt ion); lets FERCset deadlines. The FERCbackstop is (h)(4) - lett ing FERCreverse negative permitting decisions. In this bill applies only to transmission corridors. See pages 524-33 "(b) CONSTRUCTIONPERMIT.-Except as provided in subsection {i), the Commission is authorized, after notice and an opportunity for hear ing, to issue a permit or permits for the construction or modification of electric transmission facilities in a nat ional interest electric transmission corr idor designated by the Secretary under subsection {a) if the Commission finds that "{l){A) a State in which the transmission facilities are to be constructed or modified is without authority to"(i) approve the siting of the facilities; or "{ii) consider the interstate benefits expected to be achieved by the proposed const ruction or modification of transmission facilit ies in the State; "{B) the applicant for a permit is a t ransmitting utility under this Act but does not qualify to apply for a permit or siting approval for the proposed project in a State because the applicant does not serve end use customers in the State; or "{C) a State commission or othe r entity that has authority to approve the siting of the facilities has"{ i) withheld approval for more than 1 year after the filing of an applicat ion pursuant to applicab le law seeking approval or 1 year after the designation of the relevant national interest elect ric transmission corridor, whichever is later; o "{ii) conditioned its approval in such a manner that the proposed construct ion or modificat ion will not significantly reduce transmission congestion in interstate commerce or is not econom ically feasible; "{2) the fa cilities to be authorized by t he permit will be used for the transmission of elect ric energy in interstate commerce; "{3) the proposed constru ct ion or modification is consistent with the public interest; "(4) the proposed construction or modification will significantly reduce tran smission congestion in inters tate commerce and pro t ects or benefits consumers; and "(5) the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence . "(c) PERMIT APPLICATIONS.-Permit applications under subsection {b) shall be made in writing to the Commission. The Commission shall issue rules setting forth the form of t he application, the information AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000438 CEQ-18-0173-C-000035 TransmissionsitingFERC backstopin HousepassedHR 6 in 109th Congress From: "Bodine , Susan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 2017 13:02:19 -0400 Attachments: BILLS-109hr6eh.pdf (1.87 MB) Sec. 1221 - preempts state law (amends the Federal Power Act wh ich already has preempt ion); lets FERCset deadlines. The FERCbackstop is (h)(4) - lett ing FERCreverse negative permitting decisions. In this bill applies only to transmission corridors. See pages 524-33 "(b) CONSTRUCTIONPERMIT.-Except as provided in subsection {i), the Commission is authorized, after notice and an opportunity for hear ing, to issue a permit or permits for the construction or modification of electric transmission facilities in a nat ional interest electric transmission corr idor designated by the Secretary under subsection {a) if the Commission finds that "{l){A) a State in which the transmission facilities are to be constructed or modified is without authority to"(i) approve the siting of the facilities; or "{ii) consider the interstate benefits expected to be achieved by the proposed const ruction or modification of transmission facilit ies in the State; "{B) the applicant for a permit is a t ransmitting utility under this Act but does not qualify to apply for a permit or siting approval for the proposed project in a State because the applicant does not serve end use customers in the State; or "{C) a State commission or othe r entity that has authority to approve the siting of the facilities has"{ i) withheld approval for more than 1 year after the filing of an applicat ion pursuant to applicab le law seeking approval or 1 year after the designation of the relevant national interest elect ric transmission corridor, whichever is later; o "{ii) conditioned its approval in such a manner that the proposed construct ion or modificat ion will not significantly reduce transmission congestion in interstate commerce or is not econom ically feasible; "{2) the fa cilities to be authorized by t he permit will be used for the transmission of elect ric energy in interstate commerce; "{3) the proposed constru ct ion or modification is consistent with the public interest; "(4) the proposed construction or modification will significantly reduce tran smission congestion in inters tate commerce and pro t ects or benefits consumers; and "(5) the proposed construction or modification is consistent with sound national energy policy and will enhance energy independence . "(c) PERMIT APPLICATIONS.-Permit applications under subsection {b) shall be made in writing to the Commission. The Commission shall issue rules setting forth the form of t he application, the information AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000438 CEQ-18-0173-C-000035 to be contained in the application, and the manner of service of notice of the permit application upon interes t ed persons. "(d) COMMENTS.-l n any proceeding before the Commission under subsection (b), the Commission shall afford each State in which a transmission facility covered by the permit is or will be located, each affected Federal agency and Indian tribe, private property owners, and other interested persons, a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit. "(e) RIGHTS-OF-WAY.- ln the case of a permit under subsection (b) for electric transmission facilities to be located on property other than property owned by the United States or a State, if the permit holder cannot acquire by contract, or is unable to agree with the owner of the property to the compensation to be paid for, the necessary right-of-way to construct or modify such transmission facilities, the permit holder may acquire the right-of-way by the exercise of the right of eminent domain in the district court of the United States for the district in which the property concerned is located, or in the appropriate court of the State in which the property is located. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in similar action or proceeding in the courts of the State where the property is situated. "(f) STATELAW.- Nothing in this section shall preclude any person from constructing or modifying any transmission facility pursuant to State law. "(g) COMPENSATION.-Any exercise of eminent domain authority pursuant to this section shall be considered a taking of private property for which just compensation is due. Just compensation shall be an amount equal to the full fair market value of the property taken on the date of the exercise of eminent domain authority, except that the compensation shall exceed fair market value if necessary to make the landowner whole for decreases in the value of any portion of the land not subject to eminent domain. Any parcel of land acquired by eminent domain under this subsection shall be transferred back to the owner from whom it was acquired (or his heirs or assigns) if the land is not used for the construction or modification of electric transmission facilities within a reasonable period of time after the acquisition. Other than construction, modification, operation, or maintenance of electric transmission facilities and related facilities, property acquired under subsection (e) may not be used for any purpose (including use for any heritage area, recreational trail, or park) without the consent of the owner of the parcel from whom the property was acquired (or the owner's heirs or assigns). "(h) COORDINATION OF FEDERALAUTHORIZATIONS FORTRANSMISSION AND DISTRIBUTION FACILITIES. "(1) LEADAGENCY.-l f an applicant, or prospective applicant, for a Federal authorization related to an electric transmission or distribution facility so requests, the Department of Energy (DOE) shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews of the facility. For purposes of this subsection, the term 'Federal authorization' means any authorization required under Federal law in order to site a transmission or distribution facility, including but not limited to such permits, special use authorizations, certifications, opinions, or other approvals as may be req uired, whether issued by a Federal or a State agency. To the maximum extent practicable under applicable Federal law, the Secretary of Energy shall coordinate this Federal AMERICA!\ pVERSIGHT 2 CEQ050FY18091 _000000438 CEQ-18-0173-C-000036 to be contained in the application, and the manner of service of notice of the permit application upon interes t ed persons. "(d) COMMENTS.-l n any proceeding before the Commission under subsection (b), the Commission shall afford each State in which a transmission facility covered by the permit is or will be located, each affected Federal agency and Indian tribe, private property owners, and other interested persons, a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit. "(e) RIGHTS-OF-WAY.- ln the case of a permit under subsection (b) for electric transmission facilities to be located on property other than property owned by the United States or a State, if the permit holder cannot acquire by contract, or is unable to agree with the owner of the property to the compensation to be paid for, the necessary right-of-way to construct or modify such transmission facilities, the permit holder may acquire the right-of-way by the exercise of the right of eminent domain in the district court of the United States for the district in which the property concerned is located, or in the appropriate court of the State in which the property is located. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and procedure in similar action or proceeding in the courts of the State where the property is situated. "(f) STATELAW.- Nothing in this section shall preclude any person from constructing or modifying any transmission facility pursuant to State law. "(g) COMPENSATION.-Any exercise of eminent domain authority pursuant to this section shall be considered a taking of private property for which just compensation is due. Just compensation shall be an amount equal to the full fair market value of the property taken on the date of the exercise of eminent domain authority, except that the compensation shall exceed fair market value if necessary to make the landowner whole for decreases in the value of any portion of the land not subject to eminent domain. Any parcel of land acquired by eminent domain under this subsection shall be transferred back to the owner from whom it was acquired (or his heirs or assigns) if the land is not used for the construction or modification of electric transmission facilities within a reasonable period of time after the acquisition. Other than construction, modification, operation, or maintenance of electric transmission facilities and related facilities, property acquired under subsection (e) may not be used for any purpose (including use for any heritage area, recreational trail, or park) without the consent of the owner of the parcel from whom the property was acquired (or the owner's heirs or assigns). "(h) COORDINATION OF FEDERALAUTHORIZATIONS FORTRANSMISSION AND DISTRIBUTION FACILITIES. "(1) LEADAGENCY.-l f an applicant, or prospective applicant, for a Federal authorization related to an electric transmission or distribution facility so requests, the Department of Energy (DOE) shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews of the facility. For purposes of this subsection, the term 'Federal authorization' means any authorization required under Federal law in order to site a transmission or distribution facility, including but not limited to such permits, special use authorizations, certifications, opinions, or other approvals as may be req uired, whether issued by a Federal or a State agency. To the maximum extent practicable under applicable Federal law, the Secretary of Energy shall coordinate this Federal AMERICA!\ pVERSIGHT 2 CEQ050FY18091 _000000438 CEQ-18-0173-C-000036 authorization and review process with any Indian tribes, multi -State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and permit decisions. "(2) AUTHORITYTO SETDEADLINES.- As lead agency, the Department of Energy, in consultation with agencies responsible for Federal authorizations and, as appropriate, with Indian tribes, multi-State entities, and State agencies that are willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate milestones and ultimate deadlines for the review of, and Federal authorization decisions relating to, the proposed facility. The Secretary of Energy shall ensure that once an application has been submitted with such data as the Secretary considers necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within 1 year or, if a requirement of another provision of Federal law makes this impossible, as soon thereafter as is practicable. The Secretary of Energy also shall provide an expeditious pre-application mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant within 60 days of when the prospective applicant submits a request for such information concerning "(A) the likelihood of approval for a potential facility; and "(B) key issues of concern to the agencies and public. "(3) CONSOLIDATEDENVIRONMENTALREVIEWAND RECORDOF DECISION.- As lead agency head, the Secretary of Energy, in consultation with the affected agencies, shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 if warranted, or such other form of analysis as may be warranted . The Secretary of Energy and the heads of other agencies shall streamline the review and permitting of transmission and distribution facilities within corridors designated under section 503 of the Fed eral Land Policy and Management Act (43 U.S.C. 1763) by fully taking into account prior analyses and decisions relating to the corri dors. Such document shall include consideration by the relevant agencies of any applicable criteria or other matters as required under applicable laws. "(4) APPEALS.-ln the event that any agency has denied a Federal authorization required for a transmission or distribution facility, or has failed to act by the deadline established by the Secretary pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the Secretary, who shall, in consultation with the affected agency, review the denial or take action on the pending application. Based on the overall record and in consultation with the affected agency, the Secretary may then either issue the necessary authorization with any appropriate conditions, or deny the application. The Secretary shall issue a decision within 90 days of the filing of the appeal. In making a decision under this paragraph, the Secretary shall comply with applicable requirements of Federal law, including any requirements of the Endangered Species Act, the Clean Water Act, the National Forest Management Act, the National Environmental Policy Act of 1969, and the Federal Land Policy and Management Act. "(5) CONFORMING REGULATIONSAND MEMORANDA OF UNDERSTANDING.- Not later than 18 months after the date of enactment of this section, the Secretary of Energy shall issue any regulations necessary to implement this subsection. Not later than 1 year after the date of enactment of this section, the Secretary and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into Memoranda of Understanding to ensure the timely and coordinated review and permitting of electricity transmission and distribution facilities . The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the DOE regulations and any Memoranda. AMERICA!\ pVERSIGHT 3 CEQ050FY18091_ 000000438 CEQ-18-0173-C-000037 authorization and review process with any Indian tribes, multi -State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and permit decisions. "(2) AUTHORITYTO SETDEADLINES.- As lead agency, the Department of Energy, in consultation with agencies responsible for Federal authorizations and, as appropriate, with Indian tribes, multi-State entities, and State agencies that are willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate milestones and ultimate deadlines for the review of, and Federal authorization decisions relating to, the proposed facility. The Secretary of Energy shall ensure that once an application has been submitted with such data as the Secretary considers necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within 1 year or, if a requirement of another provision of Federal law makes this impossible, as soon thereafter as is practicable. The Secretary of Energy also shall provide an expeditious pre-application mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant within 60 days of when the prospective applicant submits a request for such information concerning "(A) the likelihood of approval for a potential facility; and "(B) key issues of concern to the agencies and public. "(3) CONSOLIDATEDENVIRONMENTALREVIEWAND RECORDOF DECISION.- As lead agency head, the Secretary of Energy, in consultation with the affected agencies, shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 if warranted, or such other form of analysis as may be warranted . The Secretary of Energy and the heads of other agencies shall streamline the review and permitting of transmission and distribution facilities within corridors designated under section 503 of the Fed eral Land Policy and Management Act (43 U.S.C. 1763) by fully taking into account prior analyses and decisions relating to the corri dors. Such document shall include consideration by the relevant agencies of any applicable criteria or other matters as required under applicable laws. "(4) APPEALS.-ln the event that any agency has denied a Federal authorization required for a transmission or distribution facility, or has failed to act by the deadline established by the Secretary pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the Secretary, who shall, in consultation with the affected agency, review the denial or take action on the pending application. Based on the overall record and in consultation with the affected agency, the Secretary may then either issue the necessary authorization with any appropriate conditions, or deny the application. The Secretary shall issue a decision within 90 days of the filing of the appeal. In making a decision under this paragraph, the Secretary shall comply with applicable requirements of Federal law, including any requirements of the Endangered Species Act, the Clean Water Act, the National Forest Management Act, the National Environmental Policy Act of 1969, and the Federal Land Policy and Management Act. "(5) CONFORMING REGULATIONSAND MEMORANDA OF UNDERSTANDING.- Not later than 18 months after the date of enactment of this section, the Secretary of Energy shall issue any regulations necessary to implement this subsection. Not later than 1 year after the date of enactment of this section, the Secretary and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into Memoranda of Understanding to ensure the timely and coordinated review and permitting of electricity transmission and distribution facilities . The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the DOE regulations and any Memoranda. AMERICA!\ pVERSIGHT 3 CEQ050FY18091_ 000000438 CEQ-18-0173-C-000037 Interested Indian tribes, multi-State entities, and State agencies may ente r such Memoranda of Understanding . "{i) INTERSTATE COMPACTS.- The consent of Congress is hereby given for 3 or more contiguous States to enter into an interstate compact, subject to approval by Congress, establishing regional transmission siting agencies to facilitate siting of future electric energy transmission facilities within such States and to carry out the electric energy transmission siting responsibilities of such States. The Secretary of Energy may provide technical assistance to regional transmission siting agencies established under this subsection. Such regional transmission siting agencies shall have the authority to review, certify, and permit siting of transmission facilities , including facilities in national interest electric transmission corridors {other than facilities on property owned by the United States). The Commission shall have no authority to issue a permit for the construction or modification of electric transmission facilities within a State that is a party to a compact, unless the members of a compact are in disagreement and the Secretary makes, after notice and an opportunity for a hearing, the finding described in subsection {b){l){C). "(j) SAVINGSCLAUSE.- Nothing in this section shall be construed to affect any requirement of the environmental laws of the United States, including, but not limited to, the National Environmental Policy Act of 1969. Subsection (h)(4) of this section shall not apply to any Congressionally-designated components of the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or the National Park system {including National Monuments therein). Susan Parker Bodine Chief Counsel U .s.Senate Environment & Public Works Committee 41 O Dirksen Senate Office Building Washington, DC 20510 MR N PVERSIGHT 4 CEQ050FY18091 _ 000000438 CEQ-18-0173-C-000038 Interested Indian tribes, multi-State entities, and State agencies may ente r such Memoranda of Understanding . "{i) INTERSTATE COMPACTS.- The consent of Congress is hereby given for 3 or more contiguous States to enter into an interstate compact, subject to approval by Congress, establishing regional transmission siting agencies to facilitate siting of future electric energy transmission facilities within such States and to carry out the electric energy transmission siting responsibilities of such States. The Secretary of Energy may provide technical assistance to regional transmission siting agencies established under this subsection. Such regional transmission siting agencies shall have the authority to review, certify, and permit siting of transmission facilities , including facilities in national interest electric transmission corridors {other than facilities on property owned by the United States). The Commission shall have no authority to issue a permit for the construction or modification of electric transmission facilities within a State that is a party to a compact, unless the members of a compact are in disagreement and the Secretary makes, after notice and an opportunity for a hearing, the finding described in subsection {b){l){C). "(j) SAVINGSCLAUSE.- Nothing in this section shall be construed to affect any requirement of the environmental laws of the United States, including, but not limited to, the National Environmental Policy Act of 1969. Subsection (h)(4) of this section shall not apply to any Congressionally-designated components of the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or the National Park system {including National Monuments therein). Susan Parker Bodine Chief Counsel U .s.Senate Environment & Public Works Committee 41 O Dirksen Senate Office Building Washington, DC 20510 MR N PVERSIGHT 4 CEQ050FY18091 _ 000000438 CEQ-18-0173-C-000038 AUTHENTICATE 9 U.S . GOVERNMENT JNFORMAT[ON GPO :c o ~ o AMEf ( Af\ pVERSIGHT CEQ050FY18091 _000000439 CEQ-18-0173-C-000039 AUTHENTICATE 9 U.S . GOVERNMENT JNFORMAT[ON GPO :c o ~ o AMEf ( Af\ pVERSIGHT CEQ050FY18091 _000000439 CEQ-18-0173-C-000039 109'r n CONGRESS l 8T SESSION H.R.6 AN ACT To ensur e j obs for our futur e '"~th sectire, affordable, and r eliabl e energy. I B e it enacted by the Senate and I-foitse of R epresenta- 2 tives of the United States of A merica in Congress assembled, AMERICA!\ pVERSIGHT 3 CEQ050FY18091 _000000439 CEQ-18-0173-C-000041 109'r n CONGRESS l 8T SESSION H.R.6 AN ACT To ensur e j obs for our futur e '"~th sectire, affordable, and r eliabl e energy. I B e it enacted by the Senate and I-foitse of R epresenta- 2 tives of the United States of A merica in Congress assembled, AMERICA!\ pVERSIGHT 3 CEQ050FY18091 _000000439 CEQ-18-0173-C-000041 2 1 SECTION 1. SHORT TITLE ; TABLE OF CONTENTS . (a) SHOR'l' rrl'l'LE.-This 2 Act may be cited as the 3 "Ene rgy Policy Act of 2005". 4 (b) T ABLE Oll' CON'J'EN'rS.-rrhe table of contents for 5 this Act is as follows: Sec. 1. Short t itle; table of co11te11ts. TITLE T- E?\'BRGY EFFICTE:'-JC'Y Subtitl e A-Fede1 ?al P1?ogr ams Sc<.: . 101. Sec. 102. Sc<.:.103. Sec. 104. Sec. 105. Sc<:. 107. Sc<.:.108. Sec. 109. Sc<.:.111. Sc<.:.112. Encl'gy 1111d \\'Htcr sm~11grncoasu1?esi11congl'cssio11allmilding~. Encrg7-?mamigcmcnt 1?cq11ircrncnts. fi}ne1?g7-? use mcw:,111?cmcnt and ctc: tonntn bility. P1?oc111 ?c11H'ntof lmcrg_ypffic?irnt prncl11ct8. Energy SaY111gs Pcrformanc-e Contracts. Volm1t1117-o commitments to rcducl' indust rial c11 erg_Yintc,nsit_v. Adnrntcd Building Effi<.:ien c,Y 'l'c:;thed. lo'cdeni l lmilding performan ce st,rndards. Da.\'light sm~ngs. crncnt of lo'cdcnd lands. Enlim1ci11g? cncrg_vcfficicn<.: ~? in 1nm111g Snbtitk B-En ergy Assistan<.:c aml State Progn1n1:,; Sec. 121. Sec. 122. Sec. 12~. Sec-. 124. Sec. 125. Sec. 126. TJow lii eome Horne Energ:1? Ass ista nce P1?ogra111. Wcat hel'iziltion assistance. State 1:ncrg_Y])l'Ognuus. E1wrgy efficient appliance l'ebnte progran1s. Encq:?.ycffi('icnt pubLic-buildings . Low i11<.:0111 c community cncol'g:,?ctl'ic?ic 11 c.1? pilot progn1111. Subtitle C-Energ_v EffieiPnt Products Sec. Sec. Sec. Sec. Sec. Sec. Sec. 13 1. 132. 133. 134. 135. 136. 137. Enc1?gy Star P rogram. TlVAC maint enance consume .. edueat ion prog,.am. E11cl'g7? co11sern1tionsta nd,ll'lls fol' addit ional products. Encrg:1?labeling. P ..eernution. Stat e co11:sum c l' product energy efficiency sta ndal'cls . I ntermitt enl cscalato n;. Subt itle D-Public II onsiug See. 141. Capacity bnilding for cncrg_Ycfficicnt , affol'dahlc ho11si11g?. Sec. 142. Increas e of CDBG pnblic serYiecs c-ap fc)J'energy com;ervation and efficicnc,v adivities . ct1foicut 11011 :,;ing. Sec. 143. f<'I-iAmortg?agc insman cc inccnti1?cs fol' enCl'g_Y Sec. 14-t Public honsing cnpit,11firncl. Sec. 14:j, Grant :, fol' cncrg_v-conscrving; improvcmc11t8 for a8sistcd housing. t a ppljanccs . See. 147. En c1?gy-t'fficic11 Sec. 148. Enc ..gy efficienc~?stantlm ?cls. st rnt cg_Yfor HlJD. Sec. 1-Hl. E11c1?g7-? oHR 6 EH AMERICA!\ pVERSIGHT 4 CEQ050FY18091_000000439 CEQ-18-0173-C-000042 2 1 SECTION 1. SHORT TITLE ; TABLE OF CONTENTS . (a) SHOR'l' rrl'l'LE.-This 2 Act may be cited as the 3 "Ene rgy Policy Act of 2005". 4 (b) T ABLE Oll' CON'J'EN'rS.-rrhe table of contents for 5 this Act is as follows: Sec. 1. Short t itle; table of co11te11ts. TITLE T- E?\'BRGY EFFICTE:'-JC'Y Subtitl e A-Fede1 ?al P1?ogr ams Sc<.: . 101. Sec. 102. Sc<.:.103. Sec. 104. Sec. 105. Sc<:. 107. Sc<.:.108. Sec. 109. Sc<.:.111. Sc<.:.112. Encl'gy 1111d \\'Htcr sm~11grncoasu1?esi11congl'cssio11allmilding~. Encrg7-?mamigcmcnt 1?cq11ircrncnts. fi}ne1?g7-? use mcw:,111?cmcnt and ctc: tonntn bility. P1?oc111 ?c11H'ntof lmcrg_ypffic?irnt prncl11ct8. Energy SaY111gs Pcrformanc-e Contracts. Volm1t1117-o commitments to rcducl' indust rial c11 erg_Yintc,nsit_v. Adnrntcd Building Effi<.:ien c,Y 'l'c:;thed. lo'cdeni l lmilding performan ce st,rndards. Da.\'light sm~ngs. Enlim1ci11g? cncrg_vcfficicn<.: ~? in 1nm111g crncnt of lo'cdcnd lands. Snbtitk B-En ergy Assistan<.:c aml State Progn1n1:,; Sec. 121. Sec. 122. Sec. 12~. Sec-. 124. Sec. 125. Sec. 126. TJow lii eome Horne Energ:1? Ass ista nce P1?ogra111. Wcat hel'iziltion assistance. State 1:ncrg_Y])l'Ognuus. E1wrgy efficient appliance l'ebnte progran1s. Encq:?.ycffi('icnt pubLic-buildings . Low i11<.:0111 c community cncol'g:,?ctl'ic?ic 11 c.1? pilot progn1111. Subtitle C-Energ_v EffieiPnt Products Sec. Sec. Sec. Sec. Sec. Sec. Sec. 13 1. 132. 133. 134. 135. 136. 137. Enc1?gy Star P rogram. TlVAC maint enance consume .. edueat ion prog,.am. E11cl'g7? co11sern1tionsta nd,ll'lls fol' addit ional products. Encrg:1?labeling. P ..eernution. Stat e co11:sum c l' product energy efficiency sta ndal'cls . I ntermitt enl cscalato n;. Subt itle D-Public II onsiug See. 141. Capacity bnilding for cncrg_Ycfficicnt , affol'dahlc ho11si11g?. Sec. 142. Increas e of CDBG pnblic serYiecs c-ap fc)J'energy com;ervation and efficicnc,v adivities . ct1foicut 11011 :,;ing. Sec. 143. f<'I-iAmortg?agc insman cc inccnti1?cs fol' enCl'g_Y Sec. 14-t Public honsing cnpit,11firncl. Sec. 14:j, Grant :, fol' cncrg_v-conscrving; improvcmc11t8 for a8sistcd housing. t a ppljanccs . See. 147. En c1?gy-t'fficic11 Sec. 148. Enc ..gy efficienc~?stantlm ?cls. st rnt cg_Yfor HlJD. Sec. 1-Hl. E11c1?g7-? oHR 6 EH AMERICA!\ pVERSIGHT 4 CEQ050FY18091_000000439 CEQ-18-0173-C-000042 3 TITLE 11-REXEWABLE E~E l-WY Subtitle A-G C'nel'al Provi sions Sec. Sec . Sec. Sec. Sec. Sec. Sec. Sec. Sec. 201. 202. 203. 204. 205. 206. 2-07. 208. 209. Assess ment of renewable energ_vresou rces. Re,,e,rnbl e energ_vpr odu ct ion incent ive. F'edera l pu rchas e requi ,?emcnt. In sular ar eas e11e1?g,-vsecuri t,v. Use of photovoltaic e ne,?gv in publ ic building s . Biobascd p1?oducts. Renewable cnerg_vsccu rit-,v. Tnsta llat io11of' phot01?oltaic s.vste m. Sugar ca ne et hano l pilot p1?ogn1m. Subtitl e C- Ilyd1?oelect 1?ic PART T- AIJ1' 8 H1'.\'l'IVE CO:-IDJ'l'IO:-IS Sec. 23 1. Alt ematiY c c011ditions aml fishways . Sec. 241. TI,vdroclect l'ic produ ct ion i11cei 1tives . Sec. 2.42. TI,vtll'oelccti-ic ef'ficie11c,v improvement. e1? pr oj ects . Sec. 2--1:3.Sma ll h_vdroelect ric po11? 'l'ITLE Ill - OTT,A:i\7) G \_S--C ff\ lJ\[ERCE Subtitl e .A-P etrol eum Rcsc n ?c and Hom e H eating Oil Sec. HOl. Pcm1an cnt authol'ity to opcn1tl' the Stn1t egi<: P ctr oleur11Rcscl'n: and oth c1? cncrg_vJll'0gTmns. Sec. 302. \l atio11al Oilheat Resea rch Alliance. Sec. 303. Site select ion. Sec. 304. Suspens ion of' St rategic P et roleum R eserve deliveries . Subtitl e B-Prodnetion Sec. Sec. Sec. Sec. In centiv es 320. Liqn efoeti on 01? gasifieation rn1tul'al gas tel'minals. 327. H,vdrauli c fra ctu ring. 328. Oil and gas e:q1lon1tio11and produc.:tion defined . 329. 011t CI' Contin ental Shelf p1?01?isio11s. Sec. 330. Appea ls l'Clating to pipeline co11stm ctio11 or offs hore min c1?,d J 11clea 1? Secul'ity Sec::. (j(j l. Nuc lCHI'facility threats. Sec. 662. F'ingCl'printing fol' tl'iminal l1isto 1?.v l'CCO l'd chet ks. Sec. 663 . Use of firearm s by secu rity pCl'S0nnelof licensees and Ccl'tificatc holders of' t he Commission. Sec. 664 . U11authori:i:ecl int roduction of dang~l'Ous ,reapons. Sec. 665. Sabotage of nuclcal' l'acilitics 01? fuel. Sec. 666. Semu?e transfer of nuclea1? mate1?ials . cla11cl8ecul'it.v consu lta t io11. Sec. 667 . Depa rtme nt of' JI0111 Sec. 668. J\uth ol'izat ion of appl'O[)l'iatious. 'I'I'l'LE \ 'Tl- YEIU CLE S Ai\l) F'UELS Subt itle A-EX_isting Pl'ognuns Sec. Sec. Sec:. Sec. Sec. 701. Use of ,1lt.crnative fuels b? tlua l-fuelcd vehicles. 70-1-.lncl'cmcnfa l cost allocation . 70!5. Lease conJ 11clea 1? Secul'ity Sec::. (j(j l. Nuc lCHI'facility threats. Sec. 662. F'ingCl'printing fol' tl'iminal l1isto 1?.v l'CCO l'd chet ks. Sec. 663 . Use of firearm s by secu rity pCl'S0nnelof licensees and Ccl'tificatc holders of' t he Commission. Sec. 664 . U11authori:i:ecl int roduction of dang~l'Ous ,reapons. Sec. 665. Sabotage of nuclcal' l'acilitics 01? fuel. Sec. 666. Semu?e transfer of nuclea1? mate1?ials . cla11cl8ecul'it.v consu lta t io11. Sec. 667 . Depa rtme nt of' JI0111 Sec. 668. J\uth ol'izat ion of appl'O[)l'iatious. 'I'I'l'LE \ 'Tl- YEIU CLE S Ai\l) F'UELS Subt itle A-EX_isting Pl'ognuns Sec. Sec. Sec:. Sec. Sec. 701. Use of ,1lt.crnative fuels b? tlua l-fuelcd vehicles. 70-1-.lncl'cmcnfa l cost allocation . 70!5. Lease conIf-\ 932 . Distribut ed energy. 93:3. Eledric ity tmnsmissio11 and dist ribn tion aml e11e 1?g:'I ' as,;nran, :c. 983A. Adv,111<:cdportabl e pomo1? devices . 934. Authorization of app1?opriations. Suhtitl<' D-R e11e\\'11b l<' cncrg_ v Sec. 935 . F indings. Sec. 936. Defin itions. Sec. 937. Prog ram s. oHR 6 EH AMERICA!\ pVERSIGHT 9 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000047 7 'l'l'l'LE L'C-RESEA .RCll MW DEVELOP.\IE'.'\'l' Sec. 900. S hod tit le; defi niti ons . Snbtit le A- Sc ience P rog rams Sec. Sec. Sec. Sec. Sec. Sec . Sec. Sec. Sec. Sec. 901. 902. 903. 904. 905. 90b. 907. 908. 909. 910. Office of? Sc ience programs. Systems biology progTam . Cata l.,?sis Resea rch and Deve lopme nt P rog ram. Hyd roge n. Adrn nced scie11tif'i c computing resea rch. Fus ion g ncrg,,? Scie11ces prog ram. Sc ience and T echnolog:?, Sc holarship Prog?ram. Office of Scientific and 'l'eclmica l Information. Science and engin ee ring pilot program . Autho rization of appropr iations. Subtitle B -R esearch Administration Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. mid Opcrntions 911. Cost S haring. 912 . Rcprog,-a111mi11g. 918. i\l crit-bas cd c,ompetitjon . 91-!. E:\i cnrn l tcchni<:,tl reYicw of departm enta l 1n?ogn 11ns. 915. CompctitiY c mvard of manag ement contrn<:ts. 91(-i. National Laboratoiy designation. H17. Report on equal e111ployment opportnnit,v p1?a<:6ccs . ~)]8. User fo cilit.v best practic es plan. 9Hl. Snpport for scicnec and energ:'I? infnistructnre and fa cilities . 920. Com?dination plan. 921. Avai h1hility of funds. 8nbtit le C-Enc 1?g,v Effi ciency Crt.\PTER Sec. 922. Sec. 923. Sec. 924. !::iec. 925. Sec. 926. Sec. 927. Sec. 928. Sec. 929 . Sec. 930 . Sec. 93 1. 1-VEIIlCJ Programs. Vehicles. Builtl ing-s. Tndust1?ies. Demon st ration and comme rcial app licat ion . Seco ndai ?~? elect ric vehic le batt el'_vuse program. :'Jext g-e11e ratio11 lighting initiati ,?e. Defin itions . Autho rization of appropriations. Limitation 011us e of' funds. C11AP'l'1o:H 2-D1s'!'HJBLT Sec. Sec. Sec. Sec. , ES, B u JJ,DTJs:O:-;,AYD 11':DP:c;TIUES T1rn E1\'1moY AND Eux ~rn1c E1"EHIf-\ 932 . Distribut ed energy. 93:3. Eledric ity tmnsmissio11 and dist ribn tion aml e11e 1?g:'I ' as,;nran, :c. 983A. Adv,111<:cdportabl e pomo1? devices . 934. Authorization of app1?opriations. Suhtitl<' D-R e11e\\'11b l<' cncrg_ v Sec. 935 . F indings. Sec. 936. Defin itions. Sec. 937. Prog ram s. oHR 6 EH AMERICA!\ pVERSIGHT 9 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000047 8 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Scitni gc rules not to appl y to pr epa)'ll1ents for natural gas. 130 8. D ete rmin atio n of small 1?efi11e r exccptio11 to oil deplet ion dednct iou . 130 1. 1:302. 130 3. 1:304. Sub t itle B-l\li s('ellan eons En ergy 'l'ax l nc:entivcs oHR 6 EH AMERICA!\ pVERSIGHT 12 CEQ050FY18 091_000000439 CEQ-18-0173-C-000050 10 Sec. Sec. See. Sec. See. See. Sec. Sec. Sec. Sec. Sec. Sec. 1266. 1267. l 268 . 126~). 1270. 1271. 1272 . 1273. 1274. 127:'i. 127(i. 1277. E xemption aut hority. Af o liatc trnn s,1ctions. Applicahilit? . Effect 011ot her regulations . E nforceme nt . Sa,111~itni gc rules not to appl y to pr epa)'ll1ents for natural gas. 130 8. D ete rmin atio n of small 1?efi11e r exccptio11 to oil deplet ion dednct iou . 130 1. 1:302. 130 3. 1:304. Sub t itle B-l\li s('ellan eons En ergy 'l'ax l nc:entivcs oHR 6 EH AMERICA!\ pVERSIGHT 12 CEQ050FY18 091_000000439 CEQ-18-0173-C-000050 11 Sec. Sec. Sec. Sec. Sec. Sec. Sec. 13 11. 1312. 1313. 1314. 1315. 131G. 13] 7. Credit for residential ern'rg_veffic:icnt prnpcrty. Credit for business insta llation of qmdifi ed fu el (:ells. Rcclnc:ecl motor fo ci excise tax on c:c,-tain ,nixtm cf. of diesel fo ci. Amo rt ization of delay rental payrnents . A11101'tjzntionof gcologieal and geoph_y s ieal e}qJcnditnr es . Adv,mcccl lean burn tcchnolog_ y motor Yehi(;)c credit . Cr edit for cncrg_vl'fficicnc.1? improvements to existing homes. Snbt it le C-Alt crnatiw minimum hLx relief Sec. 132 1. Kew 110111? efi.111d able personal ci?edit s allowed agc1inst rcg?ular and mi11imurntaxes . Sec. 1322 . Certa in busi11ess e11cq~:v credits a llo1Y ed agai 11st reg11lar a11d rni11i111 um ta xes. TITLE XJV-i\lISCELLA~~ous Sub title C-Oth er P rovisio11s Sc<.:. 1441. Sec. 1442. Sec. 144a. Sec. 1444. Sec. 144G. Sec. 14-?7. Sec. 1448. Sc<.: . 1449. Sc<.: . 1450. Sec?. 14fil. Sec. 1452. Continuation of transmission securit? ord er. Review of agency deter minations. At tainm ent dates for downwind ozone nonat tainn1Pnt m?cas. En ergy p roduction inccnti 1?es. Regnlation of c?c1-tain oil used in t nm sfo1?mc1?s. Risk asse ss ments. Oll. ??:,gcn-fucl. P ctrne hemje;al and oil rcfinel'y facility health m;sessmcnt . Unit ed St ates -br ae ! cooperati on. Cm?bon-based fnel cell development. National priol'ity prqj ect tksigm16on. TI'l'LE A"V-ETTLAI\OL AND i\JO'l'OR FUELS Subtit le ,\- Gcnel'al Pro visions 1501. Renewab le conten t of motor ,?el,icle fncl. l.G02. 1-'ncls safr harbor. 150:1. l-'indi11gs and i\1TBE tra 11sition as1,istance. 1504. Use of J.-I'l'BE. 1505 . Nat ional Ac<1d e m:,? of SciC'IH~es r c,ricw and pr esidC'ntia l dete rminati on. Sec. 1506. E limination of ox:,rgen cont cont rcq11irc n1ent fol' rcfo1?mtila tcd gasoline. Sec. 1507. Ana l.rnes of motor vehicle fn el chan ges. Sec. 1508. Data c?ollcc?tion. Sec. 1509. R<'dncing the pl'Oiifrra ti on of Sta t e fnel contr ols. Sc<.:. 1510. Fu el system rcq11irc mc11ts ha rmonization st udy. Sec. 15 11. Commcl'cial b:,vrodn cts from muni cipal solid waste and ccllnlosic biomas s !om, guarant ee prog..-tnn. Sec. 1512. Conversion assitan cc fol' cellulosic bio111a ss, waste-de ,?ived ethano l, app 1?oyccJr c11ew.-1blc fuels. Sec. 1513. Blcncling of compliant reformnlat ccl gasolines. Sec. See. Sec. See;. Sec. Subti tle B- lln derg l'ound Sto 1?age Tank Complia11ce Sec. 1fi21. Short tit le. Sec. 1522 . Lea king n11del'grouncl sto rage tan ks. oHR 6 EH AMERICA!\ pVERSIGHT 13 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000051 11 Sec. Sec. Sec. Sec. Sec. Sec. Sec. 13 11. 1312. 1313. 1314. 1315. 131G. 13] 7. Credit for residential ern'rg_veffic:icnt prnpcrty. Credit for business insta llation of qmdifi ed fu el (:ells. Rcclnc:ecl motor fo ci excise tax on c:c,-tain ,nixtm cf. of diesel fo ci. Amo rt ization of delay rental payrnents . s ieal e}qJcnditnr es . A11101'tjzntionof gcologieal and geoph_y Adv,mcccl lean burn tcchnolog_ y motor Yehi(;)c credit . Cr edit for cncrg_vl'fficicnc.1? improvements to existing homes. Snbt it le C-Alt crnatiw minimum hLx relief Sec. 132 1. Kew 110111? efi.111d able personal ci?edit s allowed agc1inst rcg?ular and mi11imurntaxes . Sec. 1322 . Certa in busi11ess e11cq~:v credits a llo1Y ed agai 11st reg11lar a11d rni11i111 um ta xes. TITLE XJV-i\lISCELLA~~ous Sub title C-Oth er P rovisio11s Sc<.:. 1441. Sec. 1442. Sec. 144a. Sec. 1444. Sec. 144G. Sec. 14-?7. Sec. 1448. Sc<.: . 1449. Sc<.: . 1450. Sec?. 14fil. Sec. 1452. Continuation of transmission securit? ord er. Review of agency deter minations. At tainm ent dates for downwind ozone nonat tainn1Pnt m?cas. En ergy p roduction inccnti 1?es. Regnlation of c?c1-tain oil used in t nm sfo1?mc1?s. Risk asse ss ments. Oll. ??:,gcn-fucl. P ctrne hemje;al and oil rcfinel'y facility health m;sessmcnt . Unit ed St ates -br ae ! cooperati on. Cm?bon-based fnel cell development. National priol'ity prqj ect tksigm16on. TI'l'LE A"V-ETTLAI\OL AND i\JO'l'OR FUELS Subtit le ,\- Gcnel'al Pro visions 1501. Renewab le conten t of motor ,?el,icle fncl. l.G02. 1-'ncls safr harbor. 150:1. l-'indi11gs and i\1TBE tra 11sition as1,istance. 1504. Use of J.-I'l'BE. 1505 . Nat ional Ac<1d e m:,? of SciC'IH~es r c,ricw and pr esidC'ntia l dete rminati on. Sec. 1506. E limination of ox:,rgen cont cont rcq11irc n1ent fol' rcfo1?mtila tcd gasoline. Sec. 1507. Ana l.rnes of motor vehicle fn el chan ges. Sec. 1508. Data c?ollcc?tion. Sec. 1509. R<'dncing the pl'Oiifrra ti on of Sta t e fnel contr ols. Sc<.:. 1510. Fu el system rcq11irc mc11ts ha rmonization st udy. Sec. 15 11. Commcl'cial b:,vrodn cts from muni cipal solid waste and ccllnlosic biomas s !om, guarant ee prog..-tnn. Sec. 1512. Conversion assitan cc fol' cellulosic bio111a ss, waste-de ,?ived ethano l, app 1?oyccJr c11ew.-1blc fuels. Sec. 1513. Blcncling of compliant reformnlat ccl gasolines. Sec. See. Sec. See;. Sec. Subti tle B- lln derg l'ound Sto 1?age Tank Complia11ce Sec. 1fi21. Short tit le. Sec. 1522 . Lea king n11del'grouncl sto rage tan ks. oHR 6 EH AMERICA!\ pVERSIGHT 13 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000051 12 Sec. Sec. See. Sec. See. Sc<:. Sec. See. Sec?. Sec. Sec. 1523. I nspc di on of undcrgnnrnd storngc tanks. 1524. 0periltor tr11ining. 152ii. Remediation fi-0111 oxygcm1ted fne l ndditives. 152(i. lkleai;c p1oeyc11tion, coinplia ner, and enforcemen t. 1527. Delive 1:v prnhibition. 1528. F'cden il facilities. 1529. Tanks on Triba l lands. li>30. Addition al nwasur es to prnte.. 'VT-STUDTES Sec. Sec. Sec. Sec. Sc<:. Sec. See. Sec. Sec. Sec. Sec-. Sec. H:iOl. Stud .'' on invent ory of petro leum and 1111tnnilgas st.on,g-c. l(j()5 . Study of cncq.!_ v effieicnc:, stc111da rds. 1606. 1607. 1608. 1609. 1610. 1611. 1612. l(H3. Hil 4. lti15. Telecommuting study. LIHEAP repo rt. O il h.'o11<1ssfiltration tec hnolo~v. Total intcgTatecl thernrn l s_\?stcms. Un iYe1?s it.'? c?oLlaborn tion. Reliabi lity and cons n111to1? pmt ct tion asscss lllent . Heport on energy intcg?rntion with L atiu America. Lo\\--voln rne g,,s reservoir stud _\?. Consolid ati on of gasoline in30. Addition al nwasur es to prnte.. 'VT-STUDTES Sec. Sec. Sec. Sec. Sc<:. Sec. See. Sec. Sec. Sec. Sec-. Sec. H:iOl. Stud .'' on invent ory of petro leum and 1111tnnilgas st.on,g-c. l(j()5 . Study of cncq.!_ v effieicnc:, stc111da rds. 1606. 1607. 1608. 1609. 1610. 1611. 1612. l(H3. Hil 4. lti15. Telecommuting study. LIHEAP repo rt. O il h.'o11<1ssfiltration tec hnolo~v. Total intcgTatecl thernrn l s_\?stcms. Un iYe1?s it.'? c?oLlaborn tion. Reliabi lity and cons n111to1? pmt ct tion asscss lllent . Heport on energy intcg?rntion with L atiu America. Lo\\--voln rne g,,s reservoir stud _\?. Consolid ati on of gasoline in. Advan ced rn_valt ics requir ed for suspension of producti on. Sec. 18Hi. Anmwl r ental. nu cs fol' 5 fiscal .,?cal"s. Sec.:. 1817. D eposit and use of g?eothcrmal lras e l'CYC Sc<:. 1818. R epe al of acreage li111itations. cncl111 ents . Sec?. 1819. Tcehnic?al a111 Sc<:. 1820. lnt cr nimmtain West Geothel'ma l Consol'tium. 'L'ITLE XLX-HYDROPOWER-RESOl JRCES Sec. 1901. In creased h_vdrnelect ric generntion at existing F ede ral fac ilities . Sec . 1902. Sh ift of prQject loads to off- pea k pe1?iocls. Sec. 1903. R epor t icle 11tif ',ving a nd describ ing? the status of pote11tial h,vclr opower fac ilities . 'l'I'l'LE XX- OTL A:\'D OAS-RESO Subtitl e A-P, Sec. 2001. See. 2002. Sec. 200a . Sec.:. 2004. Sec. Sec. Sec. Sec. Sec. Sec. :::i ec. Sec. Sec. 2005 . 2006. 2007. 2008 . 2009. 20 10. 20 11. 20 12. 20 13. Sec. 201-L Sec. Sec. Sec. Sec. Sec. 2015. 20 16. 201 7. 20 18. 2019. URC ES ?ocluctio n incenti ,?es D l'a11ition of Scc.:rehu?y. Pro g rnrn on oil irnd gas ro_valtics in-kind. J\Iarginal pl'0pcrt,v produ ct ion incentiYes. ln ce11tives for natural gas production fi-0111 deep wells in th e shallow waters of th e Gulf of Mexico. Ro.va lt_v relief for dee p "?a te r pr oduct ion. , l..laslrn offahcwe m_val~? snsp cnsio11. Oil and gas leasing in the National P ctrnl e11111Rcsc l'vc in Alaska. Orphan ed, abamloned, or id led wells on Pederal land. Combi11e. Advan ced rn_valt ics requir ed for suspension of producti on. Sec. 18Hi. Anmwl r ental. nu cs fol' 5 fiscal .,?cal"s. Sec.:. 1817. D eposit and use of g?eothcrmal lras e l'CYC Sc<:. 1818. R epe al of acreage li111itations. cncl111 ents . Sec?. 1819. Tcehnic?al a111 Sc<:. 1820. lnt cr nimmtain West Geothel'ma l Consol'tium. 'L'ITLE XLX-HYDROPOWER-RESOl JRCES Sec. 1901. In creased h_vdrnelect ric generntion at existing F ede ral fac ilities . Sec . 1902. Sh ift of prQject loads to off- pea k pe1?iocls. Sec. 1903. R epor t icle 11tif ',ving a nd describ ing? the status of pote11tial h,vclr opower fac ilities . 'l'I'l'LE XX- OTL A:\'D OAS-RESO Subtitl e A-P, Sec. 2001. See. 2002. Sec. 200a . Sec.:. 2004. Sec. Sec. Sec. Sec. Sec. Sec. :::i ec. Sec. Sec. 2005 . 2006. 2007. 2008 . 2009. 20 10. 20 11. 20 12. 20 13. Sec. 201-L Sec. Sec. Sec. Sec. Sec. 2015. 20 16. 201 7. 20 18. 2019. URC ES ?ocluctio n incenti ,?es D l'a11ition of Scc.:rehu?y. Pro g rnrn on oil irnd gas ro_valtics in-kind. J\Iarginal pl'0pcrt,v produ ct ion incentiYes. ln ce11tives for natural gas production fi-0111 deep wells in th e shallow waters of th e Gulf of Mexico. Ro.va lt_v relief for dee p "?a te r pr oduct ion. , l..laslrn offahcwe m_val~? snsp cnsio11. Oil and gas leasing in the National P ctrnl e11111Rcsc l'vc in Alaska. Orphan ed, abamloned, or id led wells on Pederal land. Combi11e..1)en dittu?es and savings estimat es 3 4 for each facility; 5 ('(2) 6 pr ojects; and en ergy manag emen t ? 11 an d conserva t 10 "(3) futu r e pr iorities to ensur e compliance v,rith 7 8 this sec ti on.'' . 9 (b) TABLE OF CONTENTS filfENDiVIENT .-T he table 10 of contents of t he Nationa l En er gy Conservation Policy 11 Act is amended by adding at the end of the items relating 12 to part 3 of title V the folJm~ring11ew item: "Ste . 552. Enc1?gy and water sm~ng-s 111cmru1? es in cong1?essio1ial building-s." . 13 (c) REPBAJJ.-S ection 310 of the Legislativ e Bran ch 14 Appropriations Act, 1999 (2 U .S.C . 1815), is r epealed. 15 (d) E NERGY lNFRASTRUCTURE.-rl"'he ..Architect of 16 th e Capitol, buildin g on the Master P lan Study completed 17 in Jul y 2000, shall commission a study to evaluate the 18 energy infrastructure of the Capita l Complex to dete r mine 19 how the infrastructure could be augmented to become 20 more ener gy efficient , u sing un conventional and renewable 21 energy resour ces, in a way that would enab le the Complex 22 to have reliable utilit y senricc in th e event of power fiuc23 tuations, shortag es, or outages. 24 (e) AU THORI Z.NrI ON OP A.PPROPH.IATIONS.-rfhere 25 ar c aut horized to be appropriated to the 1\.:rchit cct of the oHR 6 EH AMERICA!\ pVERSIGHT 19 CEQ050FY18091 _000000439 CEQ-18-0173-C-000057 17 1 sjona] ener gy manag ernent and conservation pro gram s re2 quir ed under thi s section that describes in detai ]"( 1) energy e:>..1)en dittu?es and savings estimat es 3 4 for each facility; 5 ('(2) 6 pr ojects; and en ergy manag emen t ? 11 an d conserva t 10 "(3) futu r e pr iorities to ensur e compliance v,rith 7 8 this sec ti on.'' . 9 (b) TABLE OF CONTENTS filfENDiVIENT .-T he table 10 of contents of t he Nationa l En er gy Conservation Policy 11 Act is amended by adding at the end of the items relating 12 to part 3 of title V the folJm~ring11ew item: "Ste . 552. Enc1?gy and water sm~ng-s 111cmru1? es in cong1?essio1ial building-s." . 13 (c) REPBAJJ.-S ection 310 of the Legislativ e Bran ch 14 Appropriations Act, 1999 (2 U .S.C . 1815), is r epealed. 15 (d) E NERGY lNFRASTRUCTURE.-rl"'he ..Architect of 16 th e Capitol, buildin g on the Master P lan Study completed 17 in Jul y 2000, shall commission a study to evaluate the 18 energy infrastructure of the Capita l Complex to dete r mine 19 how the infrastructure could be augmented to become 20 more ener gy efficient , u sing un conventional and renewable 21 energy resour ces, in a way that would enab le the Complex 22 to have reliable utilit y senricc in th e event of power fiuc23 tuations, shortag es, or outages. 24 (e) AU THORI Z.NrI ON OP A.PPROPH.IATIONS.-rfhere 25 ar c aut horized to be appropriated to the 1\.:rchit cct of the oHR 6 EH AMERICA!\ pVERSIGHT 19 CEQ050FY18091 _000000439 CEQ-18-0173-C-000057 18 1 Capitol to carr y out subsection (cl), $2,000, 000 for each 2 of fiscaJ years 2006 through 2010. 3 SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 4 (a) ENERGYREDUCTIONGOALS.- 5 (1) AMENDMEN'f. - Section 543(a)( l ) of the 6 NationaJ Energy Conservation Policy Act (42 U.S.C. 7 8253(a)(l)) 8 buildings so that" and aJl that follows through th e 9 end and inserting "the F ederal buildings of the 10 agency (including each industr ial or laboratory facil- 11 ity) so that the energy consumption per gross squar e 12 foot of the Federal buildings of the agency in fiscal 13 years 2006 throu gh 2015 is reduced, as compared 14 with the energy consumption per gross squar e foot 15 of the Feder~tl bujldin gs of the agency in fiscal year 16 2003, by the percentage specified in the following 17 is amended by strj king "its Federa l tab le: "Fiscal Year Percentage reduction 2006 ?????????????? ?????????????????? ?????????? ????? ?????????????????? ????? ????? ????? ??????????????????? 2007 ....................................... ......................... ...... ..... ..... ................... 2 4 :wos.......................................... ............................ ............................. 6 2009 2010 2011 20 12 2013 2.0]4 ......... ....................... ..... ..... .................. .... ........ ........................... ......... ....................... ..... ........................... ................ ................... ......... ............... .................. .............................. ............. .............. ............. ................... ..... ..... ................. ............... ............. ............ .............. .............................. .................... .......... ...... .......... ......... .............. ............................ ................................. ........................ ~0 15 ????????? ??????????????????????? ?????????? ????? ????????????? ????? ????? ????? ????? ??????????????????? 8 10 12 14 16 18 20 ." . 18 (2) REPORTING BASELINE.- Tbe energy reduc- 19 tion goals and ba seline establis hed in paragraph (1) 20 of section 543(a) of the Nat ional En ergy Con servaoHR 6 EH AMERICA!\ pVERSIGHT 20 CEQ050FY18 091_000000439 CEQ-18-0173-C-000058 18 1 Capitol to carr y out subsection (cl), $2,000, 000 for each 2 of fiscaJ years 2006 through 2010. 3 SEC. 102. ENERGY MANAGEMENT REQUIREMENTS. 4 (a) ENERGYREDUCTIONGOALS.- 5 (1) AMENDMEN'f. - Section 543(a)( l ) of the 6 NationaJ Energy Conservation Policy Act (42 U.S.C. 7 8253(a)(l)) 8 buildings so that" and aJl that follows through th e 9 end and inserting "the F ederal buildings of the 10 agency (including each industr ial or laboratory facil- 11 ity) so that the energy consumption per gross squar e 12 foot of the Federal buildings of the agency in fiscal 13 years 2006 throu gh 2015 is reduced, as compared 14 with the energy consumption per gross squar e foot 15 of the Feder~tl bujldin gs of the agency in fiscal year 16 2003, by the percentage specified in the following 17 is amended by strj king "its Federa l tab le: "Fiscal Year Percentage reduction 2006 ?????????????? ?????????????????? ?????????? ????? ?????????????????? ????? ????? ????? ??????????????????? 2007 ....................................... ......................... ...... ..... ..... ................... 2 4 :wos.......................................... ............................ ............................. 6 2009 2010 2011 20 12 2013 2.0]4 ......... ....................... ..... ..... .................. .... ........ ........................... ......... ....................... ..... ........................... ................ ................... ......... ............... .................. .............................. ............. .............. ............. ................... ..... ..... ................. ............... ............. ............ .............. .............................. .................... .......... ...... .......... ......... .............. ............................ ................................. ........................ ~0 15 ????????? ??????????????????????? ?????????? ????? ????????????? ????? ????? ????? ????? ??????????????????? 8 10 12 14 16 18 20 ." . 18 (2) REPORTING BASELINE.- Tbe energy reduc- 19 tion goals and ba seline establis hed in paragraph (1) 20 of section 543(a) of the Nat ional En ergy Con servaoHR 6 EH AMERICA!\ pVERSIGHT 20 CEQ050FY18 091_000000439 CEQ-18-0173-C-000058 19 1 tion Policy Act (42 U.S.C. 8253(a)( l) ), as ame11ded 2 by this subsection, sup ersede aJl pr evious goals and 3 baselin es m1der such paragraph, and related report- 4 ing requir ement s. 5 (b) RE VIE W Al'\TDRE VISION OF E NERGY PERFOR1\I- 6 J\NCE REQUIREMEN'f'.-Section 543(a) of the Nationa] 7 Energy Conservation Policy Act (42 U.S.C. 8253(a )) is 8 fur th er amended Ly adding at th e end the follmving: 9 "(3) Not later than December 31, 2014, the See- l O 1?eta ry sha ll review the results of t he implementation of 0v 11 the ener 5., I)crforman ce requir ement esta blished und er 12 parag1qa,ph(1) and submit to Congress recommendat ions 13 concermn g energy performanc e requir ement s for fiscal 14 years 2016 thr ough 2025.". 15 (c) EXCLUSIONS.-S ection 543(c)( l) of th e National 16 Energy Conservation Policy Act (42 U.S.C. 8253(c)( l )) 17 is amended by str iking "An agency may exclude" and all 18 th at follows tlu?ough the end and inserting "(A) An agency 19 may exclude, from the energy performance requir ement 20 for a fisca l year establ ished und er subsection (a ) and th e 21 energy managemen t requirement esta blished und er sub 22 section (b), any F ederal building or collection of FederaJ 23 buildings, if the head of the agency finds that24 25 "( i) compliance with those requir ements would be impra cticable; oHR 6 EH AMERICA!\ pVERSIGHT 21 CEQ050 FY18091_000000439 CEQ-18-0173-C-000059 19 1 tion Policy Act (42 U.S.C. 8253(a)( l) ), as ame11ded 2 by this subsection, sup ersede aJl pr evious goals and 3 baselin es m1der such paragraph, and related report- 4 ing requir ement s. 5 (b) RE VIE W Al'\TDRE VISION OF E NERGY PERFOR1\I- 6 J\NCE REQUIREMEN'f'.-Section 543(a) of the Nationa] 7 Energy Conservation Policy Act (42 U.S.C. 8253(a )) is 8 fur th er amended Ly adding at th e end the follmving: 9 "(3) Not later than December 31, 2014, the See- l O 1?eta ry sha ll review the results of t he implementation of 0v 11 the ener 5., I)crforman ce requir ement esta blished und er 12 parag1qa,ph(1) and submit to Congress recommendat ions 13 concermn g energy performanc e requir ement s for fiscal 14 years 2016 thr ough 2025.". 15 (c) EXCLUSIONS.-S ection 543(c)( l) of th e National 16 Energy Conservation Policy Act (42 U.S.C. 8253(c)( l )) 17 is amended by str iking "An agency may exclude" and all 18 th at follows tlu?ough the end and inserting "(A) An agency 19 may exclude, from the energy performance requir ement 20 for a fisca l year establ ished und er subsection (a ) and th e 21 energy managemen t requirement esta blished und er sub 22 section (b), any F ederal building or collection of FederaJ 23 buildings, if the head of the agency finds that24 25 "( i) compliance with those requir ements would be impra cticable; oHR 6 EH AMERICA!\ pVERSIGHT 21 CEQ050 FY18091_000000439 CEQ-18-0173-C-000059 20 "( ii) th e agency ha s coir1p1 eted and submitt ed 1 2 all federally required energy management reports; 3 "( iii) the agency ha s achieved compliance with 4 the enel'gy efficiency requir ement s of this Act, th e 5 En ergy Policy Act of 1992 , Execut ive orders, and 6 other F edera J law; and 7 "( iv) th e agency ha s implement ed all pra c- 8 ticable, life cycle cost-effective projects v,rith respect 9 to th e F ederal building or collection of F ederal 10 builclings to be excluded. 11 "( B) A finding of impra cticability und er subpara- 12 graph (A)(i) shaJl be based on13 "( i) th e energy int ensiveness of activities car- 14 ried out in th e Federa l building or collection of F ed- 15 era l buildino?s? or e,, 16 "( ii) the fact that th e Federal building or col- 17 lection of Fede ral buildings is used i.n the perform- 18 ance of a national securit ,,v fm1ction." . 19 (cl) REVIEW BY SECRE'l'ARY .- Section 543(c)(2) of 20 the Nat ional En ergy Conservati on Policy Act (42 U .S.C. 21 8253(c)(2)) is amended22 23 (]) by striking "i.mpracticabili.ty standard s" and insertin g "s tand ards for exclusion"; 24 25 (2) by striking "a finding of impra cticability" and insert ing "th e exclusion"; and oHR 6 EH AMERICA!\ pVERSIGHT 22 CEQ050 FY18091_000000439 CEQ-18-0173-C-000060 20 "( ii) th e agency ha s coir1p1 eted and submitt ed 1 2 all federally required energy management reports; 3 "( iii) the agency ha s achieved compliance with 4 the enel'gy efficiency requir ement s of this Act, th e 5 En ergy Policy Act of 1992 , Execut ive orders, and 6 other F edera J law; and 7 "( iv) th e agency ha s implement ed all pra c- 8 ticable, life cycle cost-effective projects v,rith respect 9 to th e F ederal building or collection of F ederal 10 builclings to be excluded. 11 "( B) A finding of impra cticability und er subpara- 12 graph (A)(i) shaJl be based on13 "( i) th e energy int ensiveness of activities car- 14 ried out in th e Federa l building or collection of F ed- 15 era l buildino?s? or e,, 16 "( ii) the fact that th e Federal building or col- 17 lection of Fede ral buildings is used i.n the perform- 18 ance of a national securit ,,v fm1ction." . 19 (cl) REVIEW BY SECRE'l'ARY .- Section 543(c)(2) of 20 the Nat ional En ergy Conservati on Policy Act (42 U .S.C. 21 8253(c)(2)) is amended22 23 (]) by striking "i.mpracticabili.ty standard s" and insertin g "s tand ards for exclusion"; 24 25 (2) by striking "a finding of impra cticability" and insert ing "th e exclusion"; and oHR 6 EH AMERICA!\ pVERSIGHT 22 CEQ050 FY18091_000000439 CEQ-18-0173-C-000060 21 1 (3) by striking "e nergy consumption reqmr e- 2 ment s" and insertin g "requir ement s of sub section s 3 (a) and (b ) (1) ". 4 (e) CRITERIA.-Sec tion 543(c) of t he National En - 5 crgy Conservation Poli cy Act (42 U .S.C. 825 3(c)) is fur6 ther amended by addin g at th e end the foll?'~ring: 7 "(3) Not ]ater than 180 days aft er th e dat e of enact- 8 ment of this para gra ph , the Secretary shall issue guide- 9 lines that esta blish crit eria for exclusions under paragraph 10 (1)." . 11 (f) RE 'I'E NTIO N OF E NER GY AN D 'N AT ER SAV I NGS .- 12 Section 546 of th e Natio nal En ergy Conservation Policy 13 Act (42 U.S .C. 825 6) is amended by adding at the end 14 th e following new sub section: 15 ' 1 (e) R E' I'EN 'I'TON 01<' E NERGY J\ N D '\? .ATER SAV- 16 INGS.-An agency may retain any fund s appropriated to 17 that agency for energy CA 7)enditur es, water mqJcnditur es, 18 or wastewater treatme nt CA1Jc nditm ?cs, at building s subject 19 to t he requir ement s of section 543(a) and (b), that arc 20 not made because of cnc1?gy savings or water savings . Ex - 21 cept as otherv16sepro vided by law, such fund s may be u sed 22 only for energy efficiency, water conservation, or un con23 ventional and renev.rable energy resour ces proj ects.'' . oHR 6 EH AMERICA!\ pVERSIGHT 23 CEQ050FY18091 _000000439 CEQ-18-0173-C-000061 21 1 (3) by striking "e nergy consumption reqmr e- 2 ment s" and insertin g "requir ement s of sub section s 3 (a) and (b ) (1) ". 4 (e) CRITERIA.-Sec tion 543(c) of t he National En - 5 crgy Conservation Poli cy Act (42 U .S.C. 825 3(c)) is fur6 ther amended by addin g at th e end the foll?'~ring: 7 "(3) Not ]ater than 180 days aft er th e dat e of enact- 8 ment of this para gra ph , the Secretary shall issue guide- 9 lines that esta blish crit eria for exclusions under paragraph 10 (1)." . 11 (f) RE 'I'E NTIO N OF E NER GY AN D 'N AT ER SAV I NGS .- 12 Section 546 of th e Natio nal En ergy Conservation Policy 13 Act (42 U.S .C. 825 6) is amended by adding at the end 14 th e following new sub section: 15 ' 1 (e) R E' I'EN 'I'TON 01<' E NERGY J\ N D '\? .ATER SAV- 16 INGS.-An agency may retain any fund s appropriated to 17 that agency for energy CA 7)enditur es, water mqJcnditur es, 18 or wastewater treatme nt CA1Jc nditm ?cs, at building s subject 19 to t he requir ement s of section 543(a) and (b), that arc 20 not made because of cnc1?gy savings or water savings . Ex - 21 cept as otherv16sepro vided by law, such fund s may be u sed 22 only for energy efficiency, water conservation, or un con23 ventional and renev.rable energy resour ces proj ects.'' . oHR 6 EH AMERICA!\ pVERSIGHT 23 CEQ050FY18091 _000000439 CEQ-18-0173-C-000061 22 1 (g) REP0RTS.-S ection 548(b) of th e Natio nal En- 2 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 3 amended(1) m the sub section heading , by insert ing 4 5 "'l'IIE PRESIDEN'l' l\.i'-JD"befor e "CONGRESS"? and ' 6 (2) by insertin g "Pr esident and" before "Con- 7 gress" . 8 (h) CONFORMING Al\fENDl\IENT.-Section 550 (d) of 9 th e National En ergy Consc1-vation Policy Act (42 U.S .C. 10 8258b(d)) is amended in th e second sentenc e by strik ing 11 "th e 20 percent reduction goal esta blished und er section 12 543(a) of th e National En ergy Conservat ion Policy Act 13 (42 U.S .C. 8253(a))." and insertin g "e ach of the energy 14 redu ction goals established w1der section 543(a). " . 15 SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT- 16 17 ABILITY . Section 543 of the National Energ y Conservation 18 Policy Act (42 U .S.C. 8253) is fmth cr amended by adding 19 at the end the following: 20 "(e) :METERINGOF E NERGYUSE.- 21 " (1) DEADU NE.-B y Oct ober 1, 2012, in ac- 22 corcJance ,-vith guid elines established by th e Sec- 23 retary und er para gTaph (2), all F ederal buildings 24 shall, for th e ptu?poscs of efficient use of energy and 25 reduction in th e cost of electricity used in such oHR 6 EH AMERICA!\ pVERSIGHT 24 CEQ050FY18091 _000000439 CEQ-18-0173-C-000062 22 1 (g) REP0RTS.-S ection 548(b) of th e Natio nal En- 2 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 3 amended(1) m the sub section heading , by insert ing 4 5 "'l'IIE PRESIDEN'l' l\.i'-JD"befor e "CONGRESS"? and ' 6 (2) by insertin g "Pr esident and" before "Con- 7 gress" . 8 (h) CONFORMING Al\fENDl\IENT.-Section 550 (d) of 9 th e National En ergy Consc1-vation Policy Act (42 U.S .C. 10 8258b(d)) is amended in th e second sentenc e by strik ing 11 "th e 20 percent reduction goal esta blished und er section 12 543(a) of th e National En ergy Conservat ion Policy Act 13 (42 U.S .C. 8253(a))." and insertin g "e ach of the energy 14 redu ction goals established w1der section 543(a). " . 15 SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT- 16 17 ABILITY . Section 543 of the National Energ y Conservation 18 Policy Act (42 U .S.C. 8253) is fmth cr amended by adding 19 at the end the following: 20 "(e) :METERINGOF E NERGYUSE.- 21 " (1) DEADU NE.-B y Oct ober 1, 2012, in ac- 22 corcJance ,-vith guid elines established by th e Sec- 23 retary und er para gTaph (2), all F ederal buildings 24 shall, for th e ptu?poscs of efficient use of energy and 25 reduction in th e cost of electricity used in such oHR 6 EH AMERICA!\ pVERSIGHT 24 CEQ050FY18091 _000000439 CEQ-18-0173-C-000062 23 1 buildings, be met ered or subrneterecl. Each agency 2 shalJ use, to th e maximun1 e2'.'ie nt pra cticable, acl- 3 vanccd meters or advan ced metering devices tha t 4 pro vide data at least daily and that measur e at least 5 hourly consumption of electri city in th e F ederal 6 bu.ild.i.n gs of th e agency. Such data shall be incor- 7 porat ecl int o existin g F ederal energy trackin g sys- 8 terns and mad e available to F ederal facility energy 9 mana ger s. 10 " (2) G UIDELI N E S.- 11 "(A ) IN GENERAL.- Not later th an 180 12 days aft er th e dat e of enactm ent of thi s sub- 13 section, the Secretar y, in consultation v,rith the 14 Departn1ent of Defense, th e Gener al Services 15 Admin.istr ation , repr esentati ves from th e meter- 16 ing industry, utility indu stry, energy services in- 17 dustry, energy efficiency indu stry, energy effi- 18 ciency advocacy organization s, national labora - 19 tori es, universities, and F ederal facility energy 20 mana gers, shall establi sh guidelines for agencies 21 to carry out paragraph (1) . 22 " (B) 23 REQ UIRU:1V lE N'l'S lo' OR GUIDETJINES.- rrhe guidelines shall- 24 "( i) take into considerati on- oHR 6 EH AMERICA!\ pVERSIGHT 25 CEQ050FY18091 _000000439 CEQ-18-0173-C-000063 23 1 buildings, be met ered or subrneterecl. Each agency 2 shalJ use, to th e maximun1 e2'.'ie nt pra cticable, acl- 3 vanccd meters or advan ced metering devices tha t 4 pro vide data at least daily and that measur e at least 5 hourly consumption of electri city in th e F ederal 6 bu.ild.i.n gs of th e agency. Such data shall be incor- 7 porat ecl int o existin g F ederal energy trackin g sys- 8 terns and mad e available to F ederal facility energy 9 mana ger s. 10 " (2) G UIDELI N E S.- 11 "(A ) IN GENERAL.- Not later th an 180 12 days aft er th e dat e of enactm ent of thi s sub- 13 section, the Secretar y, in consultation v,rith the 14 Departn1ent of Defense, th e Gener al Services 15 Admin.istr ation , repr esentati ves from th e meter- 16 ing industry, utility indu stry, energy services in- 17 dustry, energy efficiency indu stry, energy effi- 18 ciency advocacy organization s, national labora - 19 tori es, universities, and F ederal facility energy 20 mana gers, shall establi sh guidelines for agencies 21 to carry out paragraph (1) . 22 " (B) 23 REQ UIRU:1V lE N'l'S lo' OR GUIDETJINES.- rrhe guidelines shall- 24 "( i) take into considerati on- oHR 6 EH AMERICA!\ pVERSIGHT 25 CEQ050FY18091 _000000439 CEQ-18-0173-C-000063 24 1 "( I) th e cost of met ering and 2 submetering and the reduced cost of 3 operat ion and maint enan ce eArpectc d 4 to result :from metering and sub- 5 meter ino?? b) 6 "( II ) th e e-,rtent to vvhich meter- 7 mg and submetering ar e expected to 8 result in increased potenti al for en- 9 ergy manag ement, increased potenti al 10 for energy savings and energy effi- 11 ciency improvement , and cost and en- 12 ergy sa,rings du e to utflity contra ct 13 aggregation; and 14 "( III ) tl1c measm?emen t an d 15 verificat ion proto cols of th e Depart- 16 ment of E nergy ; 17 " (ii) include recommendat ions con- 18 cernin g th e amount of fund s and th e num - 19 ber of train ed personnel necessary to gath- 20 er and use t he meterin g informat ion to 21 t rack and reduce energy u se; 22 "( iii) establish priorities for types and 23 locations of buildings to be metered and 24 submct cred based on cost-effectiveness and 25 a schedule of 1 or more dat es, not later oHR 6 EH AMERICA!\ pVERSIGHT 26 CEQ050FY18091 _000000439 CEQ-18-0173-C-000064 24 1 "( I) th e cost of met ering and 2 submetering and the reduced cost of 3 operat ion and maint enan ce eArpectc d 4 to result :from metering and sub- 5 meter ino?? b) 6 "( II ) th e e-,rtent to vvhich meter- 7 mg and submetering ar e expected to 8 result in increased potenti al for en- 9 ergy manag ement, increased potenti al 10 for energy savings and energy effi- 11 ciency improvement , and cost and en- 12 ergy sa,rings du e to utflity contra ct 13 aggregation; and 14 "( III ) tl1c measm?emen t an d 15 verificat ion proto cols of th e Depart- 16 ment of E nergy ; 17 " (ii) include recommendat ions con- 18 cernin g th e amount of fund s and th e num - 19 ber of train ed personnel necessary to gath- 20 er and use t he meterin g informat ion to 21 t rack and reduce energy u se; 22 "( iii) establish priorities for types and 23 locations of buildings to be metered and 24 submct cred based on cost-effectiveness and 25 a schedule of 1 or more dat es, not later oHR 6 EH AMERICA!\ pVERSIGHT 26 CEQ050FY18091 _000000439 CEQ-18-0173-C-000064 25 1 than 1 year after th e dat e of issuan ce of 2 the guidelines, on ?which th e requir ement s 3 specified in paragraph (1) shall ta ke effect ; 4 and "( iv) esta blish exclusions from the re- 5 6 quir ement s specified in 7 based on the de m:inirnis quantit y of energy 8 use of a Federal buildin g, indu strial pro c- 9 ess, or stru cture. paragrap h (1) 10 "(3) PLAN.- Not lat er than 6 month s after the 11 dat e guidelines arc established und er paragraph (2), 12 in a report submitt ed by th e agency und er section 13 548(a), each agency shall submit to the Secretary a 14 plan describin g how the agency will impl ement th e 15 requir ement s of paragraph (1), includin g (A) how 16 th e agency wi1l designate person nel primaril y respon - 17 siblc for acb.ieving th e requi.remcnt s and (B) clem- 18 onstration by the agency, complete with docurnenta - 19 tion , of any findin g that advanced meters or ad- 20 vanced metering devices, as defined in parag raph 21 (1), are not practicabl e." . 22 SEC. 104. PROCUR EMENT OF ENERGY EFFICIENT PROD23 24 UCTS. (a) REQUIRElVIENTS .- Part 3 of tit le V of the Na- 25 tional En ergy Conservat ion P olicy Act (42 U .S.C. 825 1 oHR 6 EH AMERICA!\ pVERSIGHT 27 CEQ050FY18091 _000000439 CEQ-18-0173-C-000065 25 1 than 1 year after th e dat e of issuan ce of 2 the guidelines, on ?which th e requir ement s 3 specified in paragraph (1) shall ta ke effect ; 4 and "( iv) esta blish exclusions from the re- 5 6 quir ement s specified in 7 based on the de m:inirnis quantit y of energy 8 use of a Federal buildin g, indu strial pro c- 9 ess, or stru cture. paragrap h (1) 10 "(3) PLAN.- Not lat er than 6 month s after the 11 dat e guidelines arc established und er paragraph (2), 12 in a report submitt ed by th e agency und er section 13 548(a), each agency shall submit to the Secretary a 14 plan describin g how the agency will impl ement th e 15 requir ement s of paragraph (1), includin g (A) how 16 th e agency wi1l designate person nel primaril y respon - 17 siblc for acb.ieving th e requi.remcnt s and (B) clem- 18 onstration by the agency, complete with docurnenta - 19 tion , of any findin g that advanced meters or ad- 20 vanced metering devices, as defined in parag raph 21 (1), are not practicabl e." . 22 SEC. 104. PROCUR EMENT OF ENERGY EFFICIENT PROD23 24 UCTS. (a) REQUIRElVIENTS .- Part 3 of tit le V of the Na- 25 tional En ergy Conservat ion P olicy Act (42 U .S.C. 825 1 oHR 6 EH AMERICA!\ pVERSIGHT 27 CEQ050FY18091 _000000439 CEQ-18-0173-C-000065 26 1 et seq.), as amended by sectjon 101 , is amended by add ing 2 at the end th e following: 3 "SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI 4 5 CIENT PRODUCTS. "( a) DEFINI'rIONS.-I n thi s section: 6 " (1) AGENCY.-Th e t erm 'agen cy' ha s the 7 meanin g given that t erm in section 7902 (a) of titl e 8 5, Unit ed Stat es Code. 9 " (2) E NERGY STAR PRODUCT.- The term 'En- 10 ergy Star produ ct' mean s a produ ct that is rat ed for 11 ener gy efficiency und er an En ergy Star pr ogram . 12 " (3) E NEIWY STAR PROGRAM.-T'h e t er m 'En- 13 ergy Star pro gTam' mean s th e pro gTam establi shed 14 by section 324A. of th e Ener gy Policy and Conserva- 15 tion Act. 16 " (4) FE l\[P DE SIG NA'l'ED PRODUC'l'.-Th e t erm 17 'FEMP desigTI.ated produ ct' rncan s a produ ct that is 18 designat ed und er th e F ederal En ergy Manag ement 19 P1?ogram of th e Departm ent of En er gy as being 20 among th e highest 25 percent of equivalent pr oducts 21 for energy efficiency. 22 " (b) PROCUREMENT OF' E NEl{GY EF'PICIBNT PROD- 23 UCTS.- 24 " (1) REQUIREl\lIEN'l' .- To meet th e r cqmr c- 25 mcnt s of an agency fol' an energy conswning pr od- oHR 6 EH AMERICA!\ pVERSIGHT 28 CEQ050 FY18091_000000439 CEQ-18-0173-C-000066 26 1 et seq.), as amended by sectjon 101 , is amended by add ing 2 at the end th e following: 3 "SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI 4 5 CIENT PRODUCTS. "( a) DEFINI'rIONS.-I n thi s section: 6 " (1) AGENCY.-Th e t erm 'agen cy' ha s the 7 meanin g given that t erm in section 7902 (a) of titl e 8 5, Unit ed Stat es Code. 9 " (2) E NERGY STAR PRODUCT.- The term 'En- 10 ergy Star produ ct' mean s a produ ct that is rat ed for 11 ener gy efficiency und er an En ergy Star pr ogram . 12 " (3) E NEIWY STAR PROGRAM.-T'h e t er m 'En- 13 ergy Star pro gTam' mean s th e pro gTam establi shed 14 by section 324A. of th e Ener gy Policy and Conserva- 15 tion Act. 16 " (4) FE l\[P DE SIG NA'l'ED PRODUC'l'.-Th e t erm 17 'FEMP desigTI.ated produ ct' rncan s a produ ct that is 18 designat ed und er th e F ederal En ergy Manag ement 19 P1?ogram of th e Departm ent of En er gy as being 20 among th e highest 25 percent of equivalent pr oducts 21 for energy efficiency. 22 " (b) PROCUREMENT OF' E NEl{GY EF'PICIBNT PROD- 23 UCTS.- 24 " (1) REQUIREl\lIEN'l' .- To meet th e r cqmr c- 25 mcnt s of an agency fol' an energy conswning pr od- oHR 6 EH AMERICA!\ pVERSIGHT 28 CEQ050 FY18091_000000439 CEQ-18-0173-C-000066 27 1 uct , the head of th e agency shaJI, except as p1~ovided 2 in para graph (2), procure- 3 "(A) an En ergy Star produ ct; 4 " (B) a FE l\lIP designat ed produ ct . 01? 5 ('( 2) Ex CEP'l'I0NS.-T he head of an agency is 6 not requir ed to procure an En ergy Star produ ct or 7 FEJY[P designat ed product under para grap h (1) if 8 th e head of th e agency finds in virriting that- 9 "(A) an En ergy Sta r produ ct or FEMP 10 designat ed produ ct is not cost-effective over th e 11 life of the product ta king energy cost savings 12 into account; or 13 " (B) no En ergy Sta r produ ct or FE:ThifP 14 designate d produ ct is reasonably available that 15 meet s th e fun ctional requirements of th e agen- 16 cy. 17 "(3) PR0CUREi\fEN'l' PLANNING.-The head of 18 an agency shall incorporate into the specifications 19 for all procurement s involving energy consuming 20 pr oduct s and systems, includin g guide specification s, 21 proj ect specification s, and construction, renovation , 22 and services cont ra cts that include provision of en- 23 ergy consuming products and systems, and int o the 24 fa ctor s for th e evaluat ion of offers received for the 25 pro cur ement, criteria for energy efficiency that are oHR 6 EH AMERICA!\ pVERSIGHT 29 CEQ050FY18091 _000000439 CEQ-18-0173-C-000067 27 1 uct , the head of th e agency shaJI, except as p1~ovided 2 in para graph (2), procure- 3 "(A) an En ergy Star produ ct; 4 " (B) a FE l\lIP designat ed produ ct . 01? 5 ('( 2) Ex CEP'l'I0NS.-T he head of an agency is 6 not requir ed to procure an En ergy Star produ ct or 7 FEJY[P designat ed product under para grap h (1) if 8 th e head of th e agency finds in virriting that- 9 "(A) an En ergy Sta r produ ct or FEMP 10 designat ed produ ct is not cost-effective over th e 11 life of the product ta king energy cost savings 12 into account; or 13 " (B) no En ergy Sta r produ ct or FE:ThifP 14 designate d produ ct is reasonably available that 15 meet s th e fun ctional requirements of th e agen- 16 cy. 17 "(3) PR0CUREi\fEN'l' PLANNING.-The head of 18 an agency shall incorporate into the specifications 19 for all procurement s involving energy consuming 20 pr oduct s and systems, includin g guide specification s, 21 proj ect specification s, and construction, renovation , 22 and services cont ra cts that include provision of en- 23 ergy consuming products and systems, and int o the 24 fa ctor s for th e evaluat ion of offers received for the 25 pro cur ement, criteria for energy efficiency that are oHR 6 EH AMERICA!\ pVERSIGHT 29 CEQ050FY18091 _000000439 CEQ-18-0173-C-000067 28 1 consistent with th e crit eria u sed for ratino? o En eroy 0, 2 Star produ cts and for ratin g FE lVIP designated 3 produ ct s. 4 "(c) LISTI NG 01,, E NERGY EFFI CIE N'r PROD UC'r S IN 5 FEDERALCNrAL0GS.-En ergy Star produ cts and FEMP 6 desig11ated products shaJl be clearly identified and promi 7 nently displayed in any inventory or listing of produ cts 8 by th e Genera l Services Administration or th e Defense Lo- 9 gistics Agency. The Genera l Services Administration or 10 the Defense Logistics Agency shall supply only En ergy 11 Star produ cts 0 1? FEl \lIP designat ed products for all prod- 12 u ct categories covered by th e En ergy Sta r progTam or the 13 F ederal En ergy lVIanagement ProgTam, except in cases 14 ,;i. ,here the agency order ing a produ ct specifies in writing 15 that no En ergy Star produ ct or FE NIP designat ed product 16 is available to meet th e buyer's functional requirement s, 17 or t hat no Ener gy Star product or FE:MP designat ed 18 product is cost-effective for the int ended applicat ion over 19 the life of the product, taking energy cost savings int o ac20 count. 21 "( d) SPEC!F'ICPR0DUCTS.- (1) In the case of e]ec- 22 tri c motors of 1 to 500 hor sepovver , agencies shall select 23 only premium efficient motors that meet a sta ndard des24 ignated by t he Secretary. Th e Secretary shall designat e 25 such a stax1dard not later than 120 days after th e date oHR 6 EH AMERICA!\ pVERSIGHT 30 CEQ050FY18091 _000000439 CEQ-18-0173-C-000068 28 1 consistent with th e crit eria u sed for ratino? o En eroy 0, 2 Star produ cts and for ratin g FE lVIP designated 3 produ ct s. 4 "(c) LISTI NG 01,, E NERGY EFFI CIE N'r PROD UC'r S IN 5 FEDERALCNrAL0GS.-En ergy Star produ cts and FEMP 6 desig11ated products shaJl be clearly identified and promi 7 nently displayed in any inventory or listing of produ cts 8 by th e Genera l Services Administration or th e Defense Lo- 9 gistics Agency. The Genera l Services Administration or 10 the Defense Logistics Agency shall supply only En ergy 11 Star produ cts 0 1? FEl \lIP designat ed products for all prod- 12 u ct categories covered by th e En ergy Sta r progTam or the 13 F ederal En ergy lVIanagement ProgTam, except in cases 14 ,;i. ,here the agency order ing a produ ct specifies in writing 15 that no En ergy Star produ ct or FE NIP designat ed product 16 is available to meet th e buyer's functional requirement s, 17 or t hat no Ener gy Star product or FE:MP designat ed 18 product is cost-effective for the int ended applicat ion over 19 the life of the product, taking energy cost savings int o ac20 count. 21 "( d) SPEC!F'ICPR0DUCTS.- (1) In the case of e]ec- 22 tri c motors of 1 to 500 hor sepovver , agencies shall select 23 only premium efficient motors that meet a sta ndard des24 ignated by t he Secretary. Th e Secretary shall designat e 25 such a stax1dard not later than 120 days after th e date oHR 6 EH AMERICA!\ pVERSIGHT 30 CEQ050FY18091 _000000439 CEQ-18-0173-C-000068 29 1 of th e en actment of thi s section, aft er considerin g th e rec- 2 ornmendations of associated electri c motor manufa ctur ers 3 and energy efficiency groups. 4 "( 2) All F ederal agencies arc encouraged to tak e ac- 5 tion s to maximize t he efficiency of ai1? conditioning and 6 refrigeration equipment, includin g approp r-iate cleanin g 7 and maint enan ce, includin g the u se of any syste m tr eat8 ment or additive that will reduce the electri city consumed 9 by air conditioning and refr ige1?ation equipment . Any such 10 treatment or additiv e must be- ll "(A) determin ed by the Secretary to be effective 12 m increa sing the efficien cy of air conditionin g and 13 refrigeration equipm ent v1rithout hmring an adverse 14 impa ct on air conditionin g p erformanc e (includin g 15 cooling capacity) or equipment u sefuJ life; 16 "( B ) determined by the Administrator 17 Environmental 18 mentaJly safe; and 19 of the Prot ection Agency to be environ- "(C) shown to mcreasc seasonal ener gy effi- 20 c1cncy ratio (SEER) or energy efficiency ratio 21 (EER) when tested by the Nationa l In stitut e of 22 Standards and rreclmology according to Departm ent 23 of En ergy test procedures ?without causing any ad- 24 verse impact on the system, syste m components, the oHR 6 EH AMERICA!\ pVERSIGHT 31 CEQ050FY18091 _000000439 CEQ-18-0173-C-000069 29 1 of th e en actment of thi s section, aft er considerin g th e rec- 2 ornmendations of associated electri c motor manufa ctur ers 3 and energy efficiency groups. 4 "( 2) All F ederal agencies arc encouraged to tak e ac- 5 tion s to maximize t he efficiency of ai1? conditioning and 6 refrigeration equipment, includin g approp r-iate cleanin g 7 and maint enan ce, includin g the u se of any syste m tr eat8 ment or additive that will reduce the electri city consumed 9 by air conditioning and refr ige1?ation equipment . Any such 10 treatment or additiv e must be- ll "(A) determin ed by the Secretary to be effective 12 m increa sing the efficien cy of air conditionin g and 13 refrigeration equipm ent v1rithout hmring an adverse 14 impa ct on air conditionin g p erformanc e (includin g 15 cooling capacity) or equipment u sefuJ life; 16 "( B ) determined by the Administrator 17 Environmental 18 mentaJly safe; and 19 of the Prot ection Agency to be environ- "(C) shown to mcreasc seasonal ener gy effi- 20 c1cncy ratio (SEER) or energy efficiency ratio 21 (EER) when tested by the Nationa l In stitut e of 22 Standards and rreclmology according to Departm ent 23 of En ergy test procedures ?without causing any ad- 24 verse impact on the system, syste m components, the oHR 6 EH AMERICA!\ pVERSIGHT 31 CEQ050FY18091 _000000439 CEQ-18-0173-C-000069 30 1 refrigerant or lubri cant , or other material s rn the 2 system. 3 Result s of testing described in subparagTaph (C) shall be 4 published in the F ederal Register for public r eview and 5 comment. F or purpo ses of this section, a hardwar e device 6 or prim ary refrigera nt shalJ not be considered an additive. 7 "(e) Rg GULATIONS.-Not lat er than 180 days aft er 8 th e dat e of th e ena ctm ent of thi s section, th e Secretary 9 shall issue guidelines to carry ou.t th.is section. " . 10 (b) CONFORM.I NG Al\IENDlV IENT.- The tab le of con- 11 tent s of the Nationa l En ergy Conservation Policy Act is 12 ftu-ther amended by insertin g after th e it em relating to 13 section 552 the following nev,r it em: "Sec . 553 . Fede ra l procuremeut of ene rgy efficient prodn ct.s." . 14 SEC. 105. ENERGY SAVINGS PERF ORMANCE CONTRACTS . 15 (a) LrnIITATIONS.- 16 (1) IN GENERAL.-Section 80l(a) (2) of the Na- 17 tionaJ En ergy Conservat ion Policy Act (42 U.S.C. 18 8287(a)(2)) is amended by adding at th e end the 19 following subpara graph : 20 "(E) A.11Federal agencies combined may not , aft er 21 th e dat e of ena ctment of the En ergy Policy Act of 2005, 22 ent er int o more than a total of 100 cont racts und er this 23 title. Payments made by the Federal Goverrnnent und er 24 all contra cts permitt ed by this subpara gra ph combined 25 shall not exceed a total of $500,000 ,000. E ach Fed era l oHR 6 EH AMERICA!\ pVERSIGHT 32 CEQ050 FY18091_000000439 CEQ-18-0173-C-000070 30 1 refrigerant or lubri cant , or other material s rn the 2 system. 3 Result s of testing described in subparagTaph (C) shall be 4 published in the F ederal Register for public r eview and 5 comment. F or purpo ses of this section, a hardwar e device 6 or prim ary refrigera nt shalJ not be considered an additive. 7 "(e) Rg GULATIONS.-Not lat er than 180 days aft er 8 th e dat e of th e ena ctm ent of thi s section, th e Secretary 9 shall issue guidelines to carry ou.t th.is section. " . 10 (b) CONFORM.I NG Al\IENDlV IENT.- The tab le of con- 11 tent s of the Nationa l En ergy Conservation Policy Act is 12 ftu-ther amended by insertin g after th e it em relating to 13 section 552 the following nev,r it em: "Sec . 553 . Fede ra l procuremeut of ene rgy efficient prodn ct.s." . 14 SEC. 105. ENERGY SAVINGS PERF ORMANCE CONTRACTS . 15 (a) LrnIITATIONS.- 16 (1) IN GENERAL.-Section 80l(a) (2) of the Na- 17 tionaJ En ergy Conservat ion Policy Act (42 U.S.C. 18 8287(a)(2)) is amended by adding at th e end the 19 following subpara graph : 20 "(E) A.11Federal agencies combined may not , aft er 21 th e dat e of ena ctment of the En ergy Policy Act of 2005, 22 ent er int o more than a total of 100 cont racts und er this 23 title. Payments made by the Federal Goverrnnent und er 24 all contra cts permitt ed by this subpara gra ph combined 25 shall not exceed a total of $500,000 ,000. E ach Fed era l oHR 6 EH AMERICA!\ pVERSIGHT 32 CEQ050 FY18091_000000439 CEQ-18-0173-C-000070 31 1 agency shal l appoint a coordinator for En ergy Savings 2 P erformance Contr acts ?with the respon sibility to monitor 3 th e numb er of such contra cts for that F ederal agency and 4 th e investm ent value of each contra ct . rrhe coordinator s 5 for each F edera l agency shall meet monthly and repoi-t 6 to th e Office of l\[ana gement and Bud get to ensur e that 7 th e limits specified in thi s subp ara graph on the numb er 8 of contra ct s and th e payment s mad e for th e contra ct s are 9 not exceeded . No F ederal agency shall enter into a con10 tra ct und er this tit le unl ess th e Office of Mana gement and 11 Bud get ha s appr oved such contra ct.'' . 12 (2) DEPINI'l'IO .-S ection 804(1 ) of th e Na- 13 tional En ergy Conservation P olicy Act (42 U.S.C. 14 8287c(l) ) is amended to read as follows: 15 " (1) The term. 'F ederal agency' means th e De- 16 partment of Defense, the Departm ent of Veteran s 17 Affairs, and th e Department of En ergy." . 18 (3) VAL I DI'l' Y OF CONTR ACT S .- Th e amend - 19 ment s mad e by thi s sub section shall not affect the 20 validity of contra cts ent ered int o und er title ..VIII of 21 the National En ergy Conservation Po licy Act (42 22 U.S.C. 8287 et seq.) before th e dat e of enactm ent 23 of thi s Act , or of contr acts described in subsection 24 (c) . oHR 6 EH AMERICA!\ pVERSIGHT 33 CEQ050 FY18091_000000439 CEQ-18-0173-C-000071 31 1 agency shal l appoint a coordinator for En ergy Savings 2 P erformance Contr acts ?with the respon sibility to monitor 3 th e numb er of such contra cts for that F ederal agency and 4 th e investm ent value of each contra ct . rrhe coordinator s 5 for each F edera l agency shall meet monthly and repoi-t 6 to th e Office of l\[ana gement and Bud get to ensur e that 7 th e limits specified in thi s subp ara graph on the numb er 8 of contra ct s and th e payment s mad e for th e contra ct s are 9 not exceeded . No F ederal agency shall enter into a con10 tra ct und er this tit le unl ess th e Office of Mana gement and 11 Bud get ha s appr oved such contra ct.'' . 12 (2) DEPINI'l'IO .-S ection 804(1 ) of th e Na- 13 tional En ergy Conservation P olicy Act (42 U.S.C. 14 8287c(l) ) is amended to read as follows: 15 " (1) The term. 'F ederal agency' means th e De- 16 partment of Defense, the Departm ent of Veteran s 17 Affairs, and th e Department of En ergy." . 18 (3) VAL I DI'l' Y OF CONTR ACT S .- Th e amend - 19 ment s mad e by thi s sub section shall not affect the 20 validity of contra cts ent ered int o und er title ..VIII of 21 the National En ergy Conservation Po licy Act (42 22 U.S.C. 8287 et seq.) before th e dat e of enactm ent 23 of thi s Act , or of contr acts described in subsection 24 (c) . oHR 6 EH AMERICA!\ pVERSIGHT 33 CEQ050 FY18091_000000439 CEQ-18-0173-C-000071 32 1 (b) PgRM.ANENT EX'l'ENSI0 N.-Eff ective October 1, 2 200 6, section 80l (c) of the NationaJ Energy Conservation 3 P olicy Act (42 U.S .C. 828 7(c)) is r epealed. 4 (c) EXTENSIONOF AU'l'II0RI'rY.-: .A.ny energy savings 5 performance contract entered into und er section 801 of 6 the Natio nal En ergy Conservation Policy Act (42 U .S.C. 7 828 7) after October 1, 2006, and before th e date of enact 8 ment of thi s Act , shall be deemed to have been entered 9 into pursuant to such section 801 as amended by sub- 10 section (a) of thi s section. 11 SEC. 107. VOLUNTARY COMMITMENTS TO REDUCE INDUS12 13 TRIAL ENERGY INTENSITY. (a) V0LUN'l'ARYAGRl~ll:MEN' r8.-rr11 e Secreta ry of 14 En ergy is aut horized to ent er int o volunta ry agTeement s 15 ,~rith 1 or more persons in indu stri al sectors that consume 16 significant amount s of primary energy per unit of physical 17 output to redu ce th e energy int ensity of t heir pr oduction 18 act ivities by a sig11-ificant amount relative to improvements 19 in each sector in recent year s. 20 (b) REC0GNITI0N.-r rh c Secreta ry of En ergy, in co- 21 operation v,rith th e Administr ator of the E1nrironmental 22 Prot ection Agency and other appropriat e Federa l agen23 cies, shall recogni ze and publicize the achievements of pa r24 ticipants in voluntary agreements und er thi s section. oHR 6 EH AMERICA!\ pVERSIGHT 34 CEQ050FY18091 _000000439 CEQ-18-0173-C-000072 32 1 (b) PgRM.ANENT EX'l'ENSI0 N.-Eff ective October 1, 2 200 6, section 80l (c) of the NationaJ Energy Conservation 3 P olicy Act (42 U.S .C. 828 7(c)) is r epealed. 4 (c) EXTENSIONOF AU'l'II0RI'rY.-: .A.ny energy savings 5 performance contract entered into und er section 801 of 6 the Natio nal En ergy Conservation Policy Act (42 U .S.C. 7 828 7) after October 1, 2006, and before th e date of enact 8 ment of thi s Act , shall be deemed to have been entered 9 into pursuant to such section 801 as amended by sub- 10 section (a) of thi s section. 11 SEC. 107. VOLUNTARY COMMITMENTS TO REDUCE INDUS12 13 TRIAL ENERGY INTENSITY. (a) V0LUN'l'ARYAGRl~ll:MEN' r8.-rr11 e Secreta ry of 14 En ergy is aut horized to ent er int o volunta ry agTeement s 15 ,~rith 1 or more persons in indu stri al sectors that consume 16 significant amount s of primary energy per unit of physical 17 output to redu ce th e energy int ensity of t heir pr oduction 18 act ivities by a sig11-ificant amount relative to improvements 19 in each sector in recent year s. 20 (b) REC0GNITI0N.-r rh c Secreta ry of En ergy, in co- 21 operation v,rith th e Administr ator of the E1nrironmental 22 Prot ection Agency and other appropriat e Federa l agen23 cies, shall recogni ze and publicize the achievements of pa r24 ticipants in voluntary agreements und er thi s section. oHR 6 EH AMERICA!\ pVERSIGHT 34 CEQ050FY18091 _000000439 CEQ-18-0173-C-000072 33 1 (c) DEFIN ITION.- l n thi s section, the term "e nergy 2 intensity" mean s the primary energy consumed per unit 3 of physical output in an industrial pro cess. 4 SEC. 108. ADVAN CED BUILDING EFFICIEN CY TEST BED . 5 (a) E STABLISIIMEN'l'.- The Secreta ry of Energ y, 111 6 consultation ,~rith th e Admin istrator of General Services, 7 shall establi sh an Advanced Building Efficiency rrestbed 8 pro gram for th e development , te sting , and demonstrat ion 9 of advanced engineering system s, component s, and mat e10 ria ls to enable innovation s in building techno logies. The 11 program shall evaluate efficiency concepts for govermnent 12 and indu stry building s, and demonstrat e the ability of 13 next generation buildin gs to support individual and orga14 nizationa.1produ ctivity and health (including by improving 15 indoor air qua lity) as well as flexibility and technologicaJ 16 chan ge to improve environm enta l su sta inabilit y . Such pro - 17 gTam sbaU complement and not duplicate exist ing national 18 programs. 19 (b) PARTICIPAN'l'S.- rr he program established und er 20 subsection (a) shall be led by a university with the ability 21 to combine the experti se from num erou s academic fields 22 including , at a minimum , int elJigent workplaces and ad23 vanced buiJcling systems and engin eerin g, electr ical and 24 comput er engineering , comput er science, archit ectur e, 25 urban design, and envir onmenta l and mechani cal engi- oHR 6 EH AMERICA!\ pVERSIGHT 35 CEQ050 FY18091_000000439 CEQ-18-0173-C-000073 33 1 (c) DEFIN ITION.- l n thi s section, the term "e nergy 2 intensity" mean s the primary energy consumed per unit 3 of physical output in an industrial pro cess. 4 SEC. 108. ADVAN CED BUILDING EFFICIEN CY TEST BED . 5 (a) E STABLISIIMEN'l'.- The Secreta ry of Energ y, 111 6 consultation ,~rith th e Admin istrator of General Services, 7 shall establi sh an Advanced Building Efficiency rrestbed 8 program for th e development , te sting , and demonstrat ion 9 of advanced engineering system s, component s, and mat e10 ria ls to enable innovation s in building techno logies. The 11 program shall evaluate efficiency concepts for govermnent 12 and indu stry building s, and demonstrat e the ability of 13 next generation buildin gs to support individual and orga14 nizationa.1produ ctivity and health (including by improving 15 indoor air qua lity) as well as flexibility and technologicaJ 16 chan ge to improve environm enta l su sta inabilit y . Such pro - 17 gTam sbaU complement and not duplicate exist ing national 18 programs. 19 (b) PARTICIPAN'l'S.- rr he program established und er 20 subsection (a) shall be led by a university with the ability 21 to combine the experti se from num erou s academic fields 22 including , at a minimum , int elJigent workplaces and ad23 vanced buiJcling systems and engin eerin g, electr ical and 24 comput er engineering , comput er science, archit ectur e, 25 urban design, and envir onmenta l and mechani cal engi- oHR 6 EH AMERICA!\ pVERSIGHT 35 CEQ050 FY18091_000000439 CEQ-18-0173-C-000073 34 1 neerm g. Such univer sity shall partn er wit h other univ er- 2 siti es and entities who have establi shed programs and the 3 capa bility of advancing innovat ive building efficiency tcch 4 nologies . 5 (c) AU'l'IIORIZA'I'ION OF .APPROPRIATIONS.- rfh c rc 6 are autho 1?ized to be appropriat ed to th e Secretary of En- 7 ergy to carry out this section $6,000,000 for each of the 8 fiscaJ yea r s 2006 throug h 200 8, to r emain availabl e ur1tiJ 9 expended. For any fiscal year in which fund s ar c expended 10 und er this section , the Secretary shall provide 11:3of the 11 total amount to the lead univ er sity descr ibed in subsection 12 (b), and pr ovide th e r emainiug 2/'l to the other part icipant s 13 r eferr ed to in subsection (b) on an equal ba sis. 14 SEC. 109. FEDERAL BUIT,DING PERFORMANCE STANDARDS. 15 Section 305(a) of th e En ergy Conservation and Pr o- 16 duction .Act (42 U .S.C. 6834(a)) is amend cd- 17 (]) in paragraph (2)(A), by st riking "CAB O 18 1\/ Iodel En ergy Code, 1992" and insertin g "t he 2003 19 International En ergy Conservation Code"; and 20 21 22 (2) by adding at the end th e following: "(3) RE VISE D FEDERAL CIE NCY Pl i:HF'OH,MANCE B UII.;DJNG E NE RGY EI oI<'I- STANDARDS .- 23 "(A) IN GJ~Nl:i:RAL.-Notlater than 1 year after 24 th e elate of enactm ent of this par agraph , th e Scc- 25 retar y of En ergy shall establish, by rule , r evised oHR 6 EH AMERICA!\ pVERSIGHT 36 CEQ050FY18091 _000000439 CEQ-18-0173-C-000074 34 1 neerm g. Such univer sity shall partn er wit h other univ er- 2 siti es and entities who have establi shed programs and the 3 capa bility of advancing innovat ive building efficiency tcch 4 nologies . 5 (c) AU'l'IIORIZA'I'ION OF .APPROPRIATIONS.- rfh c rc 6 are autho 1?ized to be appropriat ed to th e Secretary of En- 7 ergy to carry out this section $6,000,000 for each of the 8 fiscaJ yea r s 2006 throug h 200 8, to r emain availabl e ur1tiJ 9 expended. For any fiscal year in which fund s ar c expended 10 und er this section , the Secretary shall provide 11:3of the 11 total amount to the lead univ er sity descr ibed in subsection 12 (b), and pr ovide th e r emainiug 2/'l to the other part icipant s 13 r eferr ed to in subsection (b) on an equal ba sis. 14 SEC. 109. FEDERAL BUIT,DING PERFORMANCE STANDARDS. 15 Section 305(a) of th e En ergy Conservation and Pr o- 16 duction .Act (42 U .S.C. 6834(a)) is amend cd- 17 (]) in paragraph (2)(A), by st riking "CAB O 18 1\/ Iodel En ergy Code, 1992" and insertin g "t he 2003 19 International En ergy Conservation Code"; and 20 21 22 (2) by adding at the end th e following: "(3) RE VISE D FEDERAL CIE NCY Pl i:HF'OH,MANCE B UII.;DJNG E NE RGY EI oI<'I- STANDARDS .- 23 "(A) IN GJ~Nl:i:RAL.-Notlater than 1 year after 24 th e elate of enactm ent of this par agraph , th e Scc- 25 retar y of En ergy shall establish, by rule , r evised oHR 6 EH AMERICA!\ pVERSIGHT 36 CEQ050FY18091 _000000439 CEQ-18-0173-C-000074 35 1 F ederal 2 standards that requir e that- 3 building energy efficiency performa nce "( i) if life-cycle cost-effective, for nevir F ed- 4 eral buildings- 5 "( I ) such buildings be designed so as 6 to achieve energy consmnption levels at 7 least 30 perc ent below those of th e version 8 curr ent as of th e dat e of enactm ent of th is 9 paragra ph of the ASHRAE Sta ndard or 10 th e Int ernational En ergy 11 Code, as appropriat e; and Conservat ion 12 "( IT) sust ainable desig11 pr inciples are 13 applied to the siting, desig11, and constr uc- 14 tion of all new and replacement buildings; 15 and 16 "(i i) where water is used to achieve energy 17 efficiency, vvater conservat ion technologies shall 18 be applied to the extent they ar e life-cycle cost 19 effective. 20 "( B) ADDITIONALREVISIONS.-Not later than 21 1 year after the dat e of approval of each subsequent 22 revis1011 of th e ASHRAE Sta ndard or the Int er- 23 nationa l Energy Conservation Code, as appropr iate , 24 th e Secretary of En ergy shall determine, based on 25 the cost-effectiveness of th e requir ements und er the oHR 6 EH AMERICA!\ pVERSIGHT 37 CEQ050 FY18091_000000439 CEQ-18-0173-C-000075 35 1 F ederal 2 standards that requir e that- 3 building energy efficiency performa nce "( i) if life-cycle cost-effective, for nevir F ed- 4 eral buildings- 5 "( I ) such buildings be designed so as 6 to achieve energy consmnption levels at 7 least 30 perc ent below those of th e version 8 curr ent as of th e dat e of enactm ent of th is 9 paragra ph of the ASHRAE Sta ndard or 10 th e Int ernational En ergy 11 Code, as appropriat e; and Conservat ion 12 "( IT) sust ainable desig11 pr inciples are 13 applied to the siting, desig11, and constr uc- 14 tion of all new and replacement buildings; 15 and 16 "(i i) where water is used to achieve energy 17 efficiency, vvater conservat ion technologies shall 18 be applied to the extent they ar e life-cycle cost 19 effective. 20 "( B) ADDITIONALREVISIONS.-Not later than 21 1 year after the dat e of approval of each subsequent 22 revis1011 of th e ASHRAE Sta ndard or the Int er- 23 nationa l Energy Conservation Code, as appropr iate , 24 th e Secretary of En ergy shall determine, based on 25 the cost-effectiveness of th e requir ements und er the oHR 6 EH AMERICA!\ pVERSIGHT 37 CEQ050 FY18091_000000439 CEQ-18-0173-C-000075 36 1 amendm ent s, wheth er th e revised standard s estab- 2 lished und er this para graph should be updat ed to re- 3 fleet the amendment s. 4 "(C) STATElVIEN'l' ON COMPLIAN CE OF NEW 5 BUILDINGS.-l n th e budget request of th e F ederal 6 agency for each fiscal year and each report sub- 7 mitt ed by th e F ederal agency und er section 548(a) 8 of the National En ergy Conservation Policy Act (42 9 U.S.C. 8258(a )), th e head of each Fed eral agency 10 shall include- 11 "(i) a list of all nevv Fed eral buildings 12 mvned, operated, or controlled by th e F ederal 13 agency; and 14 "( ii) a st ate ment conccrnm g whether the 15 F ederal buildings m.eet or exceed th e revised 16 st andard s establi shed und er this paragraph. " . 17 18 SEC. 111. DAYLIGHT SAVINGS. (a) REPEAL.-Sect ion 3(a) of the Uniform Time Act 19 of 1966 (15 U.S .C. 260a(a)) is arnencled- 20 21 (1) by st riking "April " and inserting ('March"; and 22 (2) by strikin g "October" and insertin g "No - 23 vember'' . 24 (b) REP0R'l' TO C0NGHESS.- Not late r than 9 25 month s after th e date of enactment of this Act, th e Sec- oHR 6 EH AMERICA!\ pVERSIGHT 38 CEQ050FY18091 _000000439 CEQ-18-0173-C-000076 36 1 amendm ent s, wheth er th e revised standard s estab- 2 lished und er this para graph should be updat ed to re- 3 fleet the amendment s. 4 "(C) STATElVIEN'l' ON COMPLIAN CE OF NEW 5 BUILDINGS.-l n th e budget request of th e F ederal 6 agency for each fiscal year and each report sub- 7 mitt ed by th e F ederal agency und er section 548(a) 8 of the National En ergy Conservation Policy Act (42 9 U.S.C. 8258(a )), th e head of each Fed eral agency 10 shall include- 11 "(i) a list of all nevv Fed eral buildings 12 mvned, operated, or controlled by th e F ederal 13 agency; and 14 "( ii) a st ate ment conccrnm g whether the 15 F ederal buildings m.eet or exceed th e revised 16 st andard s establi shed und er this paragraph. " . 17 18 SEC. 111. DAYLIGHT SAVINGS. (a) REPEAL.-Sect ion 3(a) of the Uniform Time Act 19 of 1966 (15 U.S .C. 260a(a)) is arnencled- 20 21 (1) by st riking "April " and inserting ('March"; and 22 (2) by strikin g "October" and insertin g "No - 23 vember'' . 24 (b) REP0R'l' TO C0NGHESS.- Not late r than 9 25 month s after th e date of enactment of this Act, th e Sec- oHR 6 EH AMERICA!\ pVERSIGHT 38 CEQ050FY18091 _000000439 CEQ-18-0173-C-000076 37 1 retar y of En ergy shall report to Congress on th e impact 2 thi s section on energy consumption in th e United States. 3 SEC. 112. ENHANCING ENERGY EFFICIENCY IN MANAGE4 5 MENT OF FEDERAL LANDS . (a) SENSE OF 'l'IIE CONGRESS .- It is th e sense of the 6 CongTess tl1at F ederal agencies should enhan ce the use of 7 energy efficient technologies in th e mana gement of natural 8 resources. 9 (b) ENERGYEFFI CIENT BUILDINGS.- To the extent 10 pra cticable, the Secretary of the Int erior , th e Secretary 11 of Commerce, and the Secreta ry of AgTiculture shall seek 12 to incorporat e energy efficient technologies in public and 13 administrati ve buildings associated vvith manag ement of 14 th e National Pa rk System, National \i\TiJclJi fc Refuge Sys- 15 tern, Nationa l Forest System, National :Marine Sanc- 16 tu ar ies System, and other public lands and resour ces man- 17 aged by the Secretaries. 18 (c) E NERGYEFFICIEN'r VEIIICLES.- To the extent 19 pi-acticable, the Secretar y of the Int erior, th e Secreta ry 20 of Commerce, and the Secretary of Agriculture shall seek 21 to u se energy efficient motor vehicles, including vehicles 22 equipped ?with biodiese] or hybrid engine t echnologies, in 23 th e mana gement of the Nationa l Park System, National 24 \~Tildlifc R-cfuge System, National F orest System, Na tiona l oHR 6 EH AMERICA!\ pVERSIGHT 39 CEQ050 FY18091_000000439 CEQ-18-0173-C-000077 37 1 retar y of En ergy shall report to Congress on th e impact 2 thi s section on energy consumption in th e United States. 3 SEC. 112. ENHANCING ENERGY EFFICIENCY IN MANAGE4 5 MENT OF FEDERAL LANDS . (a) SENSE OF 'l'IIE CONGRESS .- It is th e sense of the 6 CongTess tl1at F ederal agencies should enhan ce the use of 7 energy efficient technologies in th e mana gement of natural 8 resources. 9 (b) ENERGYEFFI CIENT BUILDINGS.- To the extent 10 pra cticable, the Secretary of the Int erior , th e Secretary 11 of Commerce, and the Secreta ry of AgTiculture shall seek 12 to incorporat e energy efficient technologies in public and 13 administrati ve buildings associated vvith manag ement of 14 th e National Pa rk System, National \i\TiJclJi fc Refuge Sys- 15 tern, Nationa l Forest System, National :Marine Sanc- 16 tu ar ies System, and other public lands and resour ces man- 17 aged by the Secretaries. 18 (c) E NERGYEFFICIEN'r VEIIICLES.- To the extent 19 pi-acticable, the Secretar y of the Int erior, th e Secreta ry 20 of Commerce, and the Secretary of Agriculture shall seek 21 to u se energy efficient motor vehicles, including vehicles 22 equipped ?with biodiese] or hybrid engine t echnologies, in 23 th e mana gement of the Nationa l Park System, National 24 \~Tildlifc R-cfuge System, National F orest System, Na tiona l oHR 6 EH AMERICA!\ pVERSIGHT 39 CEQ050 FY18091_000000439 CEQ-18-0173-C-000077 38 1 Marine Sanctuaries System, and other public lands and 2 resour ces manag ed by th e Secretaries. 3 4 5 Subtitle B-Energy Assistance State Programs SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PRO- 6 7 and GRAM. (a) .AU'l'HOR I7'J\'l'ION OP' APPROPR lA'l'IONS.-S ection 8 2602(b) of th e Lmv-In come Home Ener gy Assista nce Act 9 of 1981 (42 U.S .C. 8621 (b)) is amended by striking " and 10 $2,0 00,000,000 for each of fiscal year s 2002 t hrough 11 2004" and insert ing "and $5,100 ,000 ,000 for each of fis- 12 cal years 2005 throu gh 2007". 13 (b) RENE\IVABLEF UEIJS.-rrh e Low-Income Home 14 En ergy Assistan ce Act of 1981 (42 U.S.C. 8621 et seq.) 15 is am.ended by adding at the end the fo.!Jm ,ring new section: 16 17 "RENRWABL E F'UEJ,S "SEC. 2612. In providing assistanc e pur suant to this 18 titl e, a State, or any other person v,rith ?which the State 19 makes arrangements to carr y out th e purp oses of th is title , 20 may pur cha se renewable fuels, including biomass." . 21 (c) REPORT TO CONGRESS.- The Secretary of En- 22 ergy shall report to Congress on the u se of r enewable fuels 23 in providing assistance under the Low-Income Home En24 ergy Assistance Act of 1981 (42 U.S.C. 8621 ct seq.). oHR 6 EH AMERICA!\ pVERSIGHT 40 CEQ050FY18091 _000000439 CEQ-18-0173-C-000078 38 1 Marine Sanctuaries System, and other public lands and 2 resour ces manag ed by th e Secretaries. 3 4 5 Subtitle B-Energy Assistance State Programs SEC. 121. LOW INCOME HOME ENERGY ASSISTANCE PRO- 6 7 and GRAM. (a) .AU'l'HOR I7'J\'l'ION OP' APPROPR lA'l'IONS.-S ection 8 2602(b) of th e Lmv-In come Home Ener gy Assista nce Act 9 of 1981 (42 U.S .C. 8621 (b)) is amended by striking " and 10 $2,0 00,000,000 for each of fiscal year s 2002 t hrough 11 2004" and insert ing "and $5,100 ,000 ,000 for each of fis- 12 cal years 2005 throu gh 2007". 13 (b) RENE\IVABLEF UEIJS.-rrh e Low-Income Home 14 En ergy Assistan ce Act of 1981 (42 U.S.C. 8621 et seq.) 15 is am.ended by adding at the end the fo.!Jm ,ring new section: 16 17 "RENRWABL E F'UEJ,S "SEC. 2612. In providing assistanc e pur suant to this 18 titl e, a State, or any other person v,rith ?which the State 19 makes arrangements to carr y out th e purp oses of th is title , 20 may pur cha se renewable fuels, including biomass." . 21 (c) REPORT TO CONGRESS.- The Secretary of En- 22 ergy shall report to Congress on the u se of r enewable fuels 23 in providing assistance under the Low-Income Home En24 ergy Assistance Act of 1981 (42 U.S.C. 8621 ct seq.). oHR 6 EH AMERICA!\ pVERSIGHT 40 CEQ050FY18091 _000000439 CEQ-18-0173-C-000078 39 1 2 SEC. 122. WEATHERIZATION ASSISTANCE. (a) AU'l'HORIZNI'ION OF' APPROPRIA'l'IONS.-Section 3 422 of th e Energy Conservation and Produ ction Act (42 4 U.S.C. 6872) is arnended by st riking "for fiscal years 5 1999 through 2003 such sums as may be necessary" and 6 inserting "$5 00,000,000 for fiscal year 2006, 7 $600 ,000,000 for fiscal year 2007, and $700,000,000 for 8 fisca.lyear 2008". 9 (b) EJJIOIBILI'l'Y.-S ection 412(7) of th e En ergy 10 Conservat ion and Produ ction Act (42 U.S.C. 6862(7)) is 11 amended by striking " 125 percent" both places it appears 12 and inserting "150 percent" . 13 14 SEC. 123. STATE ENERGY PROGRAMS. (a) STATlDENERGY CONSERVA TION PLANS.-S ection 15 362 of the En ergy Policy and Conservation Act (42 U.S.C. 16 6322) is amended by insertin g at the end the following 17 new subsection: 18 "(g) Th e Secretary shall , at least once every 3 years, 19 invite the Governor of each State to review and , if nec20 essary, revise the energy conservation plan of such State 21 submitt ed und er subsection (b) or (e). Su ch reviews should 22 consider the energy conservation plan s of other States 23 virithin th e region, and identi fy opportun ities and actions 24 carri ed out in pur suit of common energy conservation 25 goals.". oHR 6 EH AMERICA!\ pVERSIGHT 41 CEQ050FY18091 _000000439 CEQ-18-0173-C-000079 39 1 2 SEC. 122. WEATHERIZATION ASSISTANCE. (a) AU'l'HORIZNI'ION OF' APPROPRIA'l'IONS.-Section 3 422 of th e Energy Conservation and Produ ction Act (42 4 U.S.C. 6872) is arnended by st riking "for fiscal years 5 1999 through 2003 such sums as may be necessary" and 6 inserting "$5 00,000,000 for fiscal year 2006, 7 $600 ,000,000 for fiscal year 2007, and $700,000,000 for 8 fisca.lyear 2008". 9 (b) EJJIOIBILI'l'Y.-S ection 412(7) of th e En ergy 10 Conservat ion and Produ ction Act (42 U.S.C. 6862(7)) is 11 amended by striking " 125 percent" both places it appears 12 and inserting "150 percent" . 13 14 SEC. 123. STATE ENERGY PROGRAMS. (a) STATlDENERGY CONSERVA TION PLANS.-S ection 15 362 of the En ergy Policy and Conservation Act (42 U.S.C. 16 6322) is amended by insertin g at the end the following 17 new subsection: 18 "(g) Th e Secretary shall , at least once every 3 years, 19 invite the Governor of each State to review and , if nec20 essary, revise the energy conservation plan of such State 21 submitt ed und er subsection (b) or (e). Su ch reviews should 22 consider the energy conservation plan s of other States 23 virithin th e region, and identi fy opportun ities and actions 24 carri ed out in pur suit of common energy conservation 25 goals.". oHR 6 EH AMERICA!\ pVERSIGHT 41 CEQ050FY18091 _000000439 CEQ-18-0173-C-000079 40 1 (b) STATB E N 1?RGY EFFI CIB NCY GOJ\LS.-S ection 2 364 of the Ener gy Policy and Conservation Act (42 U .S.C. 3 6324) is amended to read as follows: 4 5 "STATE ENERGY EFFICIE NCY GOALS "S EC. 364 . E ach State energy conservation plan with 6 respect to which assista nce is made available und er thi s 7 part on or aft er th e dat e of enactment of th e En ergy Pol8 icy Act of 200 5 shall contain a goal, consisting of an im9 pro vement of 25 percent or more in th e efficiency of u se 10 of energy in the Sta te concern ed in calendar year 2012 11 as compar ed to calendar year 1990 , and may contain in12 tc rim goals ." . 13 (c) AD'l'HORIZA'l'ION OP APPROPRIA TIONS.- Section 14 365(f) of th e En ergy Policy and Conservation Act (42 15 U .S.C. 632 5(?)) is amended by striking "for fiscal year s 16 1999 th rough 2003 such sum s as may be necessary" mid 17 insertin g "$ 100,000 ,000 for each of th e fiscal year s 2006 18 and 2007 and $125, 000 ,000 for fiscal year 2008". 19 SEC. 124. ENERGY EFFICIENT 20 21 APPLIANCE REBATE PR0 - GRAMS. (a) DEFINITIONS.- ln thi s section: 22 (1) ELIGJBLE STA'l'E.-'l"h e term "eligi.ble 23 Stat e" means a Stat e that meets th e requir ement s 24 of sub section (b). 25 (2) E NERGY STJU~ PROGRAM .- Th e term " En - 26 ergy Sta r prog ram" means th e program esta blished oHR 6 EH AMERICA!\ pVERSIGHT 42 CEQ050FY18091_000000439 CEQ-18-0173-C-000080 40 1 (b) STATB E N 1?RGY EFFI CIB NCY GOJ\LS.-S ection 2 364 of the Ener gy Policy and Conservation Act (42 U .S.C. 3 6324) is amended to read as follows: 4 5 "STATE ENERGY EFFICIE NCY GOALS "S EC. 364 . E ach State energy conservation plan with 6 respect to which assista nce is made available und er thi s 7 part on or aft er th e dat e of enactment of th e En ergy Pol8 icy Act of 200 5 shall contain a goal, consisting of an im9 pro vement of 25 percent or more in th e efficiency of u se 10 of energy in the Sta te concern ed in calendar year 2012 11 as compar ed to calendar year 1990 , and may contain in12 tc rim goals ." . 13 (c) AD'l'HORIZA'l'ION OP APPROPRIA TIONS.- Section 14 365(f) of th e En ergy Policy and Conservation Act (42 15 U .S.C. 632 5(?)) is amended by striking "for fiscal year s 16 1999 th rough 2003 such sum s as may be necessary" mid 17 insertin g "$ 100,000 ,000 for each of th e fiscal year s 2006 18 and 2007 and $125, 000 ,000 for fiscal year 2008". 19 SEC. 124. ENERGY EFFICIENT 20 21 APPLIANCE REBATE PR0 - GRAMS. (a) DEFINITIONS.- ln thi s section: 22 (1) ELIGJBLE STA'l'E.-'l"h e term "eligi.ble 23 Stat e" means a Stat e that meets th e requir ement s 24 of sub section (b). 25 (2) E NERGY STJU~ PROGRAM .- Th e term " En - 26 ergy Sta r prog ram" means th e program esta blished oHR 6 EH AMERICA!\ pVERSIGHT 42 CEQ050FY18091_000000439 CEQ-18-0173-C-000080 41 1 by sectjon 324A of th e Ener gy Policy and Conserva - 2 tion Act. (3) RESIDENTIAL ENERGY STAR PRODUC'l' .- 3 4 The term "residentia l En erg)' Star product " means 5 a produ ct for a residence that is ra te d fo1?energy ef- 6 ficiency u_nder th e En ergy Star pro gTam. 7 8 ( 4) SgcRBTARY.-rrhe term "Sec retary " means th e Secretary of En ergy . 9 (5) STATE ENERGYOFFICE.-Th e term "St at e 10 energy office" mean s the Stat e agency responsible 11 for developing State energy consc1-vation plan s und er 12 section 362 of the En ergy Policy and Conservat ion 13 Act (42 U.S.C. 6322). 14 (6) S'l'ATUJPROGRAM .-rn1 e term "S tat e pro- 15 gram " means a State energy efficient appliance re- 16 bate program described in subsect ion (b)(l). 17 (b) E L1Grn1.,E SrrNI'ES.-A State sha ]l be eligible to 18 receive an aJlocation und er subsection (c) if th e Stat e- 19 (1) est ablishes (or has establi shed ) a Stat e en- 20 ergy efficient applian ce rebat e pr ogram to pr ovide 21 rebat es to residential consumers for the pur cha se of 22 residentia] En ergy Sta r prod u ct s to replace u sed ap- 23 plia.n ces of the same type; oHR 6 EH AMERICA!\ pVERSIGHT 43 CEQ050FY18091 _000000439 CEQ-18-0173-C-000081 41 1 by sectjon 324A of th e Ener gy Policy and Conserva - 2 tion Act. (3) RESIDENTIAL ENERGY STAR PRODUC'l' .- 3 4 The term "residentia l En erg)' Star product " means 5 a produ ct for a residence that is ra te d fo1?energy ef- 6 ficiency u_nder th e En ergy Star progTam. 7 8 ( 4) SgcRBTARY.-rrhe term "Sec retary " means th e Secretary of En ergy . 9 (5) STATE ENERGYOFFICE.-Th e term "St at e 10 energy office" mean s the Stat e agency responsible 11 for developing State energy consc1-vation plan s und er 12 section 362 of the En ergy Policy and Conservat ion 13 Act (42 U.S.C. 6322). 14 (6) S'l'ATUJPROGRAM .-rn1 e term "S tat e pro- 15 gram " means a State energy efficient appliance re- 16 bate program described in subsect ion (b)(l). 17 (b) E L1Grn1.,E SrrNI'ES.-A State sha ]l be eligible to 18 receive an aJlocation und er subsection (c) if th e Stat e- 19 (1) est ablishes (or has establi shed ) a Stat e en- 20 ergy efficient applian ce rebat e pr ogram to pr ovide 21 rebat es to residential consumers for the pur cha se of 22 residentia] En ergy Sta r prod u ct s to replace u sed ap- 23 plia.n ces of the same type; oHR 6 EH AMERICA!\ pVERSIGHT 43 CEQ050FY18091 _000000439 CEQ-18-0173-C-000081 42 1 (2) submit s an app lication for th e allocation at 2 such tin1e, in such form, and containin g such infor- 3 mation as the Secretary may require ; aud 4 (3) provides assurances satisfacto ry to the Scc- 5 reta ry that the State vvill use the allocation to sup- 6 plement, but not supp lant, funds mad e available to 7 car ry out th e State pro gram. 8 (c) AMOUN'I' 0 1;, ALLOC.A'l'IONS.- 9 (1) IN GENERAL .- Subjcct to paragraph 10 for each fiscal year , the Secretary shall allocate to 11 the State energy office of each eligible St at e to carry 12 out sub section (cl) an amount equal to the product 13 obtained by multiplyin g the amount mad e available 14 under sub section (f) for the fiscal year by the ratio 15 that the populat ion of the State in th e most recent 16 calendar year for which data ar e available bears to 17 the totaJ population of all ehg'ible States in that cal- 18 cndar year . (2), 19 (2) l\llINIMUl\I ALLOCATIONS.- For each fiscal 20 yeai?, the amounts allocated und er this subsection 21 sha ll b e adjusted prop ortionat ely so that no eligible 22 State is allocated a sum that is less than an amount 23 determined by the Secretary . 24 (cl) USE OF ALLOCATEDFUNDS.- Th e allocation to 25 a State energy office und er subsect ion (c) may be used oHR 6 EH AMERICA!\ pVERSIGHT 44 CEQ050 FY18091_000000439 CEQ-18-0173-C-000082 42 1 (2) submit s an app lication for th e allocation at 2 such tin1e, in such form, and containin g such infor- 3 mation as the Secretary may require ; aud 4 (3) provides assurances satisfacto ry to the Scc- 5 reta ry that the State vvill use the allocation to sup- 6 plement, but not supp lant, funds mad e available to 7 car ry out th e State pro gram. 8 (c) AMOUN'I' 0 1;, ALLOC.A'l'IONS.- 9 (1) IN GENERAL .- Subjcct to paragraph 10 for each fiscal year , the Secretary shall allocate to 11 the State energy office of each eligible St at e to carry 12 out sub section (cl) an amount equal to the product 13 obtained by multiplyin g the amount mad e available 14 under sub section (f) for the fiscal year by the ratio 15 that the populat ion of the State in th e most recent 16 calendar year for which data ar e available bears to 17 the totaJ population of all ehg'ible States in that cal- 18 cndar year . (2), 19 (2) l\llINIMUl\I ALLOCATIONS.- For each fiscal 20 yeai?, the amounts allocated und er this subsection 21 sha ll b e adjusted prop ortionat ely so that no eligible 22 State is allocated a sum that is less than an amount 23 determined by the Secretary . 24 (cl) USE OF ALLOCATEDFUNDS.- Th e allocation to 25 a State energy office und er subsect ion (c) may be used oHR 6 EH AMERICA!\ pVERSIGHT 44 CEQ050 FY18091_000000439 CEQ-18-0173-C-000082 43 1 to pay up to 50 percent of th e cost of establi shing and 2 car rying out a State pro gTam. 3 (e) I SSUANCE OF REBA'l'ES.- Rebat es may be pro - 4 vided to r esidential consmn ers that meet th e requir ement s 5 of the State program . rrhe amount of a rebate shall be 6 determin ed by th e State energy office, takin g into 7 considera6on8 9 (1) the amount of th e aJlocation to th e State energy office und er subsect ion ( c); 10 (2) th e amom1t of any F ederal or State tax in- 11 centiv e available for th e purcha se of th e residential 12 En ergy Star product; and 13 (3) th e differ ence between the cost of th e resi- 14 denti al En er gy Star produ ct and the cost of an ap- 15 pliance that is not a residential En ergy Star procl- 16 uct , but is of the same type as, and is th e nearest 17 capacit y, performance, and other .relevant chara cter- 18 istics (as det ermin ed by th e State energy office) to, 19 th e residential En e1?gy Sta r product . 20 (f) A UTIIORI ZATION OF APPR0PRIATIONS.- Th ere 21 ar e author ized to be appropriated to th e Secretary to carry 22 out thi s section $50,000 ,000 for each of th e fiscal yea rs 23 2006 through 2010. oHR 6 EH AMERICA!\ pVERSIGHT 45 CEQ050FY18091 _000000439 CEQ-18-0173-C-000083 43 1 to pay up to 50 percent of th e cost of establi shing and 2 car rying out a State pro gTam. 3 (e) I SSUANCE OF REBA'l'ES.- Rebat es may be pro - 4 vided to r esidential consmn ers that meet th e requir ement s 5 of the State program . rrhe amount of a rebate shall be 6 determin ed by th e State energy office, takin g into 7 considera6on8 9 (1) the amount of th e aJlocation to th e State energy office und er subsect ion ( c); 10 (2) th e amom1t of any F ederal or State tax in- 11 centiv e available for th e purcha se of th e residential 12 En ergy Star product; and 13 (3) th e differ ence between the cost of th e resi- 14 denti al En er gy Star produ ct and the cost of an ap- 15 pliance that is not a residential En ergy Star procl- 16 uct , but is of the same type as, and is th e nearest 17 capacit y, performance, and other .relevant chara cter- 18 istics (as det ermin ed by th e State energy office) to, 19 th e residential En e1?gy Sta r product . 20 (f) A UTIIORI ZATION OF APPR0PRIATIONS.- Th ere 21 ar e author ized to be appropriated to th e Secretary to carry 22 out thi s section $50,000 ,000 for each of th e fiscal yea rs 23 2006 through 2010. oHR 6 EH AMERICA!\ pVERSIGHT 45 CEQ050FY18091 _000000439 CEQ-18-0173-C-000083 44 1 2 SEC. 125. ENERGY EFF ICIENT PUBLIC BUILDINGS. (a) GRAN'rS.-'l1he Secretary of Energy may make 3 grant s to the State agency responsible for developing State 4 energy conservation plan s und er section 362 of th e En ergy 5 P olicy and Conservation Act (42 U.S.C. 6322), or, if no 6 such agency exists, a State agency designated by the Gov7 ern or of the Sta te, to assist units of local government in 8 th e State in improving the energy efficiency of public 9 buildings and facilities10 (1) thr ough constru ction of new energy efficient 11 public buildings that use at least 30 percent less en- 12 crgy than a compar able publi c building constr ucted 13 in compliance with sta ndard s pr escribed in th e most 14 recent version of th e Int ernational En ergy Conserva - 15 tion Code, or a similar Sta te code int ended to 16 achieve substantia lly equivalent efficiency levels; or 17 (2) th rough renovation of e}..isting pub1ic build- 18 ings to achieve reductions in energy use of at least 19 30 percent as compared to th e baseline energy use 20 in such buildings pr ior to renovation , assuming a 3- 21 year, weather-norma lized average for calculat ing 22 such baseline . 23 (b) ADl\fINTSTRATION.- State energy offices receiving 24 grants under this section shall25 26 (1) maintain such record s and evidence of com- plian ce as the Secretary may require; and oHR 6 EH AMERICA!\ pVERSIGHT 46 CEQ050FY18091 _000000439 CEQ-18-0173-C-000084 44 1 2 SEC. 125. ENERGY EFF ICIENT PUBLIC BUILDINGS. (a) GRAN'rS.-'l1he Secretary of Energy may make 3 grant s to the State agency responsible for developing State 4 energy conservation plan s und er section 362 of th e En ergy 5 P olicy and Conservation Act (42 U.S.C. 6322), or, if no 6 such agency exists, a State agency designated by the Gov7 ern or of the Sta te, to assist units of local government in 8 th e State in improving the energy efficiency of public 9 buildings and facilities10 (1) thr ough constru ction of new energy efficient 11 public buildings that use at least 30 percent less en- 12 crgy than a compar able publi c building constr ucted 13 in compliance with sta ndard s pr escribed in th e most 14 recent version of th e Int ernational En ergy Conserva - 15 tion Code, or a similar Sta te code int ended to 16 achieve substantia lly equivalent efficiency levels; or 17 (2) th rough renovation of e}..isting pub1ic build- 18 ings to achieve reductions in energy use of at least 19 30 percent as compared to th e baseline energy u se 20 in such buildings pr ior to renovation , assuming a 3- 21 year, weather-norma lized average for calculat ing 22 such baseline . 23 (b) ADl\fINTSTRATION.- State energy offices receiving 24 grants under this section shall25 26 (1) maintain such record s and evidence of com- plian ce as the Secretary may require; and oHR 6 EH AMERICA!\ pVERSIGHT 46 CEQ050FY18091 _000000439 CEQ-18-0173-C-000084 45 1 (2) develop and distribut e information and ma- 2 ter:ials and condu ct program s to provide teclmi caJ 3 services and assista nce to encoura ge planning , fi- 4 nan cing, and design of energy efficient public builcl- 5 ings by units of local government. 6 (c) AUTIIORIZA'l'ION OF APPH.OPRl A'l'TONS.-For the 7 purposes of th is section, th ere are authorized to be appro8 p1":iat ed to th e Secretary of En ergy $30,000 ,000 for each 9 of fiscal year s 2006 through 2010. Not more than 10 per- 10 cent of appropriated fund s shall be used for administra11 tion . 12 SEC. 126. LOW INCOME COMMUNITY ENERGY EFFICIEN CY 13 14 PILOT PROGRAM. (a) GHAN'l'S.-rrhe Secretar y of En ergy is authorized 15 to make grant s to unit s of local govermnent, p6vate, non- 16 profit communi ty development organ izations, and Indian 17 tribe economic development enti ties to improve energy effi18 ciency; identi:(v and develop alternative, renewable, and 19 distribut ed energy supplies; and inci-case energy conscrva- 20 tion in lovvn1come rura l and urban communities. 21 (b) PUI-{,PO SE OIo' GRJ\NTS.-rrhe Secretary may make 22 grants on a competitive basis for23 24 ( J ) investment s that develop alternative, renewable, and distribut ed energy supplies; oHR 6 EH AMERICA!\ pVERSIGHT 47 CEQ050 FY18091_000000439 CEQ-18-0173-C-000085 45 1 (2) develop and distribut e information and ma- 2 ter:ials and condu ct program s to provide teclmi caJ 3 services and assista nce to encoura ge planning , fi- 4 nan cing, and design of energy efficient public builcl- 5 ings by units of local government. 6 (c) AUTIIORIZA'l'ION OF APPH.OPRl A'l'TONS.-For the 7 purposes of th is section, th ere are authorized to be appro8 p1":iat ed to th e Secretary of En ergy $30,000 ,000 for each 9 of fiscal year s 2006 through 2010. Not more than 10 per- 10 cent of appropriated fund s shall be used for administra11 tion . 12 SEC. 126. LOW INCOME COMMUNITY ENERGY EFFICIEN CY 13 14 PILOT PROGRAM. (a) GHAN'l'S.-rrhe Secretar y of En ergy is authorized 15 to make grant s to unit s of local govermnent, p6vate, non- 16 profit communi ty development organ izations, and Indian 17 tribe economic development enti ties to improve energy effi18 ciency; identi:(v and develop alternative, renewable, and 19 distribut ed energy supplies; and inci-case energy conscrva- 20 tion in lovvn1come rura l and urban communities. 21 (b) PUI-{,PO SE OIo' GRJ\NTS.-rrhe Secretary may make 22 grants on a competitive basis for23 24 ( J ) investment s that develop alternative, renewable, and distribut ed energy supplies; oHR 6 EH AMERICA!\ pVERSIGHT 47 CEQ050 FY18091_000000439 CEQ-18-0173-C-000085 46 (2) energy efficiency proj ects and energy con- 1 2 serva tion programs; 3 (3) studi es and other activities that improve eu- 4 ergy efficiency in low income rural and urban com- 5 muniti es; 6 ( 4) planning and development assistan ce for in- 7 creasing th e energy efficjency of buildin gs and facjli- 8 tics; and 9 (5) techni cal and financ ial assistance to local 10 governm ent and privat e entitie s on developing new 11 renewable and distribut ed sourc es of power or com- 12 bined heat and power generation. 13 (c) DBFlNI'l'lON.-For purpo ses of thi s section , the 14 ter m "Indi an trib e" means any Indian tr ibe, band , nation , 15 or othe r organized group or comJnumty, including any 16 Alaskan Native village or regional or village corporation 17 as defined in or establi shed pur suant to th e Alaska Native 18 Claims Settlement Act (43 U .S.C . 1601 ct seq .), that is 19 1?ecognized as elig?ible for th e special program s and services 20 pr ovided by the United States t o Indi ans because of the ir 21 statu s as In dians. 22 (d) AU' l'lI ORI 1/2 ATIO N OP APPROPRIAT IONS.-For th e 23 purpo ses of th is section there are authori7:ed to be appro24 priat cd to th e Secretary of En ergy $20,000, 000 for each 25 of fiscal years 2006 tlu?ough 2008. oHR 6 EH AMERICA!\ pVERSIGHT 48 CEQ050FY18091 _000000439 CEQ-18-0173-C-000086 46 (2) energy efficiency proj ects and energy con- 1 2 serva tion programs; 3 (3) studi es and other activities that improve eu- 4 ergy efficiency in low income rural and urban com- 5 muniti es; 6 ( 4) planning and development assistan ce for in- 7 creasing th e energy efficjency of buildin gs and facjli- 8 tics; and 9 (5) techni cal and financ ial assistance to local 10 governm ent and privat e entitie s on developing new 11 renewable and distribut ed sourc es of power or com- 12 bined heat and power generation. 13 (c) DBFlNI'l'lON.-For purpo ses of thi s section , the 14 ter m "Indi an trib e" means any Indian tr ibe, band , nation , 15 or othe r organized group or comJnumty, including any 16 Alaskan Native village or regional or village corporation 17 as defined in or establi shed pur suant to th e Alaska Native 18 Claims Settlement Act (43 U .S.C . 1601 ct seq .), that is 19 1?ecognized as elig?ible for th e special program s and services 20 pr ovided by the United States t o Indi ans because of the ir 21 statu s as In dians. 22 (d) AU' l'lI ORI 1/2 ATIO N OP APPROPRIAT IONS.-For th e 23 purpo ses of th is section there are authori7:ed to be appro24 priat cd to th e Secretary of En ergy $20,000, 000 for each 25 of fiscal years 2006 tlu?ough 2008. oHR 6 EH AMERICA!\ pVERSIGHT 48 CEQ050FY18091 _000000439 CEQ-18-0173-C-000086 47 1 2 Subtitle C-Energy Products Efficient 3 SEC. 131. ENERGY STAR PROGRAM . 4 (a) AM1.i:N Dl\mN'l' .-Th e En ergy Policy and Conserva- 5 tion Act (42 U.S.C. 6201 et seq.) is amended by in sertin g 6 th e following aft er section 324: 7 "SEC. 324A. ENERGY STAR PROGRAM. 8 "There is established at th e Departm ent of En ergy 9 and th e Environm enta l Prot ection Agency a voluntar y 10 program to identify and promote energy -efficient product s 11 and building s in order to reduce energy consumption, im12 prove energy securit y, and reduce pollution through vo]- 13 untar y labeling of or other fornts of commm1ication about 14 produ cts and buildings that meet the highest energy effi15 ciency standard s. Responsibilities u nder th e program shall 16 be divided bev.;veenth e Departm ent of En ergy and th e En17 virom11ental Prot ection Agency consist ent with the terms 18 of agreements between th e 2 agencies. The Administrator 19 and th e Secretary shall"( 1) promot e Ener gy Star 20 compliant tech- 21 nologi es as th e pr eferr ed technologies in the market- 22 place for achieving energy efficiency and to reduce 23 pollution ; oHR 6 EH AMERICA!\ pVERSIGHT 49 CEQ050 FY18091_000000439 CEQ-18-0173-C-000087 47 1 2 Subtitle C-Energy Products Efficient 3 SEC. 131. ENERGY STAR PROGRAM . 4 (a) AM1.i:N Dl\mN'l' .-Th e En ergy Policy and Conserva- 5 tion Act (42 U.S.C. 6201 et seq.) is amended by in sertin g 6 th e following aft er section 324: 7 "SEC. 324A. ENERGY STAR PROGRAM. 8 "There is established at th e Departm ent of En ergy 9 and th e Environm enta l Prot ection Agency a voluntar y 10 program to identify and promote energy -efficient product s 11 and building s in order to reduce energy consumption, im12 prove energy securit y, and reduce pollution through vo]- 13 untar y labeling of or other fornts of commm1ication about 14 produ cts and buildings that meet the highest energy effi15 ciency standard s. Responsibilities u nder th e program shall 16 be divided bev.;veenth e Departm ent of En ergy and th e En17 virom11ental Prot ection Agency consist ent with the terms 18 of agreements between th e 2 agencies. The Administrator 19 and th e Secretary shall"( 1) promot e Ener gy Star 20 compliant tech- 21 nologi es as th e pr eferr ed technologies in the market- 22 place for achieving energy efficiency and to reduce 23 pollution ; oHR 6 EH AMERICA!\ pVERSIGHT 49 CEQ050 FY18091_000000439 CEQ-18-0173-C-000087 48 1 "(2) work to enhance public awareness of the 2 En ergy Star label, including special outreach 3 small bu sinesses; 4 5 to " (3) pr eserve the int egrity of the Energy St ar label; 6 ' 1 ( 4) solicit comment s from interested parties 7 prior to establi shing or revising an En ergy Star 8 produ ct cat egory, specification , or criterion (or effec- 9 tive dat es for any of th e foregoing); 10 "(5) upon adoption of a new or revised product 11 category , specification , or crit erion, provide reason- 12 able notice to int erested parties of any changes (in- 13 eludin g effective dat es) in produ ct categories, speci- 14 fications, or crit eria a]ong with an C),.7Jlanation of 15 such chan ges and, where appropriate, responses to 16 comments submitt ed by int erested parti es; and 17 "( 6) provide appropriate lead time (which shall 18 be 9 month s, unl ess th e Agency or Departm ent de- 19 termin es otherwise) prior to the effective date for a 20 new or a significant revision to a product category, 21 specification, or criterion , tafon g int o account the 22 timing requir ement s of th e manufa ctur ing, prod uct 23 mark eting, and distribution process for the specific 24 product addressed." . oHR 6 EH AMERICA!\ pVERSIGHT 50 CEQ050 FY18091_000000439 CEQ-18-0173-C-000088 48 1 "(2) work to enhance public awareness of the 2 En ergy Star label, including special outreach 3 small bu sinesses; 4 5 to " (3) pr eserve the int egrity of the Energy St ar label; 6 ' 1 ( 4) solicit comment s from interested parties 7 prior to establi shing or revising an En ergy Star 8 produ ct cat egory, specification , or criterion (or effec- 9 tive dat es for any of th e foregoing); 10 "(5) upon adoption of a new or revised product 11 category , specification , or crit erion, provide reason- 12 able notice to int erested parties of any changes (in- 13 eludin g effective dat es) in produ ct categories, speci- 14 fications, or crit eria a]ong with an C),.7Jlanation of 15 such chan ges and, where appropriate, responses to 16 comments submitt ed by int erested parti es; and 17 "( 6) provide appropriate lead time (which shall 18 be 9 month s, unl ess th e Agency or Departm ent de- 19 termin es otherwise) prior to the effective date for a 20 new or a significant revision to a product category, 21 specification, or criterion , tafon g int o account the 22 timing requir ement s of th e manufa ctur ing, prod uct 23 mark eting, and distribution process for the specific 24 product addressed." . oHR 6 EH AMERICA!\ pVERSIGHT 50 CEQ050 FY18091_000000439 CEQ-18-0173-C-000088 49 1 (b) rrABLE OF CONTENTS AMBNDiV IBN'l'.-T'h e tabl e 2 of content s of the Energy Policy and Conservatjon Act is 3 amended by insertin g afte r the item r elating to section 4 324 the following new item: "See . 324A. Eocq:?.vStar p1?ogn.1111. ". 5 SEC. 132. HVAC MAINTENANCE CONSUMER EDUCATION 6 7 PROGRAM. Section 337 of th e En ergy Policy and Conservation 8 Act (42 U.S.C. 6307) is amended by adding at th e end 9 the following: 10 "(c) I-IVAC lVLu NTENANC E .- For th e ptu?pose of' en- 11 suring that installed air conditioning and heating systems 12 operate at th eir maximum rat ed efficiency levels, th e Sec13 retary shall, not lat er than 180 days aft er th e dat e of en14 actm ent of this subsection , carry out a pr ogram to educat e 15 homeowners and small business owners concerning the en16 ergy savings res ultin g from prop erly conducted maint e- 17 nance of air conditioning, heating, and ventilating sys18 tems. rrh e Secretar y sha ll carry out th e progra.m in a cost- 19 shar ed mann er in cooperation ?with th e Admini st rator of 20 th e Envir onmenta l Pr otection Agency and su ch oth er enti21 tics as the Secretar y considers appropriate, including in22 dustr y tr ade associations, indu stry members, and energy 23 efficiency organizations . 24 "( d) SlVll\L J, Bu SINE:SS EDUCA'l'ION AND ASS IST- 25 ANCE.-T hc Administrator of the Small Bu siness Ad.In.inoHR 6 EH AMERICA!\ pVERSIGHT 51 CEQ050 FY18091_000000439 CEQ-18-0173-C-000089 49 1 (b) rrABLE OF CONTENTS AMBNDiV IBN'l'.-T'h e tabl e 2 of content s of the Energy Policy and Conservatjon Act is 3 amended by insertin g afte r the item r elating to section 4 324 the following new item: "See . 324A. Eocq:?.vStar p1?ogn.1111. ". 5 SEC. 132. HVAC MAINTENANCE CONSUMER EDUCATION 6 7 PROGRAM. Section 337 of th e En ergy Policy and Conservation 8 Act (42 U.S.C. 6307) is amended by adding at th e end 9 the following: 10 "(c) I-IVAC lVLu NTENANC E .- For th e ptu?pose of' en- 11 suring that installed air conditioning and heating systems 12 operate at th eir maximum rat ed efficiency levels, th e Sec13 retary shall, not lat er than 180 days aft er th e dat e of en14 actm ent of this subsection , carry out a pr ogram to educat e 15 homeowners and small business owners concerning the en16 ergy savings res ultin g from prop erly conducted maint e- 17 nance of air conditioning, heating, and ventilating sys18 tems. rrh e Secretar y sha ll carry out th e progra.m in a cost- 19 shar ed mann er in cooperation ?with th e Admini st rator of 20 th e Envir onmenta l Pr otection Agency and su ch oth er enti21 tics as the Secretar y considers appropriate, including in22 dustr y tr ade associations, indu stry members, and energy 23 efficiency organizations . 24 "( d) SlVll\L J, Bu SINE:SS EDUCA'l'ION AND ASS IST- 25 ANCE.-T hc Administrator of the Small Bu siness Ad.In.inoHR 6 EH AMERICA!\ pVERSIGHT 51 CEQ050 FY18091_000000439 CEQ-18-0173-C-000089 50 1 istrat ion, in consultation with the Secretary of E nergy and 2 the Administrator of the En vironm ental Prot ection Agen3 cy, shall develop and coordinate a Govermn cnt-v1ri.de pro4 gram, building on th e existing Energ y Star for Small 5 Bu siness Pro gram , to assist small businesses to become 6 more energy efficient , und erstand th e cost savings obtain 7 able throu gh efficiencies, and identify finan cing option s 8 for energy efficiency up grades. The Secretary and th e Ad9 nlini strator of th e Small Bu siness Admini stration shall 10 mak e th e program informati on available dir ectly to small 11 businesses and t hrou gh oth er F ederal agencies, including 12 th e F edera l Em ergency lVCanagement Pro gram and th e 13 D epartm ent of Agricultur e." . 14 SEC. 133. ENERGY CONSERVATION STANDARDS FOR ADDI 15 16 TIONAL PRODUCTS. (a) DEFI NI'l'IONS.- Section 321 of the En ergy Policy 17 and Conservation Act (42 U .S.C. 6291 ) is amend ed18 (1) in paragraph (30)( S), by st rilcing t he period 19 and adding at the end th e follov,ri.n g : "but docs not 20 includ e any lamp specifically designed to be u sed for 21 special purpo se applicati ons and th at is un likely to 22 be used in general purpo se app lication s such as 23 those describ ed in subpara graph (D) , and also does 24 not include any lamp not described in subpara graph 25 (D) that is excluded by the Secret ary, by rul e, be- oHR 6 EH AMERICA!\ pVERSIGHT 52 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000090 50 1 istrat ion, in consultation with the Secretary of E nergy and 2 the Administrator of the En vironm ental Prot ection Agen3 cy, shall develop and coordinate a Govermn cnt-v1ri.de pro4 gram, building on th e existing Energ y Star for Small 5 Bu siness Pro gram , to assist small businesses to become 6 more energy efficient , und erstand th e cost savings obtain 7 able throu gh efficiencies, and identify finan cing option s 8 for energy efficiency up grades. The Secretary and th e Ad9 nlini strator of th e Small Bu siness Admini stration shall 10 mak e th e program informati on available dir ectly to small 11 businesses and t hrou gh oth er F ederal agencies, including 12 th e F edera l Em ergency lVCanagement Pro gram and th e 13 D epartm ent of Agricultur e." . 14 SEC. 133. ENERGY CONSERVATION STANDARDS FOR ADDI 15 16 TIONAL PRODUCTS. (a) DEFI NI'l'IONS.- Section 321 of the En ergy Policy 17 and Conservation Act (42 U .S.C. 6291 ) is amend ed18 (1) in paragraph (30)( S), by st rilcing t he period 19 and adding at the end th e follov,ri.n g : "but docs not 20 includ e any lamp specifically designed to be u sed for 21 special purpo se applicati ons and th at is un likely to 22 be used in general purpo se app lication s such as 23 those describ ed in subpara graph (D) , and also does 24 not include any lamp not described in subpara graph 25 (D) that is excluded by the Secret ary, by rul e, be- oHR 6 EH AMERICA!\ pVERSIGHT 52 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000090 51 1 cause th e lamp is designed for sp ecial applications 2 and is unlikely to be u sed in general purpo se appli- 3 cation s."; and 4 (2) by adding at th e end th e following : 5 " (32) The term 'batt ery charg er' means a de- 6 vice that charges batt eries for consumer product s 7 and includes batt ery charger s embedded in other 8 consumer produ cts . 9 " (33) The term 'conu11ercial refrigerator s, 10 freezers, and refrigerato r-fr eezers' mean s refrig- 11 erator s, freezer s, or refrigerator-fr eezers that - 12 " (A) ar e not consumer pr oduct s regulat ed 13 und er thi s Act ; and 14 "( B ) incorporat e most component s involved 15 m th e vapor -compression cycle and the refrig- 16 erat ed compartm ent in a single package. 17 " (34) The term 'externa l power supp ly' means 18 an external povver supply circuit that is u sed to con - 19 ve1t household electri c curr ent in to eit her DC cur- 20 rent or lower-volta ge AC curr ent to operat e a con- 21 sumer pr oduct. 22 23 " (35) 1.111 e term 'illuminated exit sign ' means a sign th at- 24 "( A) is designed to be perman ently fi.. "\:ed in 25 place to identi fy an exit; and oHR 6 EH AMERICA!\ pVERSIGHT 53 CEQ050FY18 091_000000439 CEQ-18-0173-C-000091 51 1 cause th e lamp is designed for special applications 2 and is unlikely to be u sed in general purpo se appli- 3 cation s."; and 4 (2) by adding at th e end th e following : 5 " (32) The term 'batt ery charg er' means a de- 6 vice that charges batt eries for consumer product s 7 and includes batt ery charger s embedded in other 8 consumer produ cts . 9 " (33) The term 'conu11ercial refrigerator s, 10 freezers, and refrigerato r-fr eezers' mean s refrig- 11 erator s, freezer s, or refrigerator-fr eezers that - 12 " (A) ar e not consumer pr oduct s regulat ed 13 und er thi s Act ; and 14 "( B ) incorporat e most component s involved 15 m th e vapor -compression cycle and the refrig- 16 erat ed compartm ent in a single package. 17 " (34) The term 'externa l power supp ly' means 18 an external povver supply circuit that is used to con - 19 ve1t household electri c curr ent in to eit her DC cur- 20 rent or lower-volta ge AC curr ent to operat e a con- 21 sumer pr oduct. 22 23 " (35) 1.111 e term 'illuminated exit sign ' means a sign th at- 24 "( A) is designed to be perman ently fi.. "\:ed in 25 place to identi fy an exit; and oHR 6 EH AMERICA!\ pVERSIGHT 53 CEQ050FY18 091_000000439 CEQ-18-0173-C-000091 52 1 1 '( B) consist s of an electricall y powered in- 2 tegTal light sour ce that illuminat es the legend 3 'EXIT' and any dir ectional indi cat ors and pro - 4 vides contra st between the legend, any clircc- 5 tiona l indi cat ors, and the background. 6 ' 1 (36)(A) Ex cept as provided in subpara graph 7 (B), the term 'distribution 8 tran sfor mer that- 9 "( i) ha s an input voltag e of 34 .5 kilovolts 10 or less; 11 "(ii) ha s an output voltage of 600 volts or 12 less; and 1 13 ' (iii) is rat ed for operation at a frequency 14 of 60 H ert z. 15 "( B) Th e term 16 tran sform er ' means a 1 distributi on tran sform er ' does not includ e- 17 " (i) transform .er s vvith multip le volta ge 18 taps, ?with the highest voltage tap equalin g at 19 leas t 20 pc1?ccnt more than the lowest volta ge 20 tap ; 1 21 '( ii) tran sform er s, such as tho se commonly 22 kno-wn as drive tran sform er s, r ectifier tran s- 23 form er s, 24 Po wer Syste m tran sform ers, impedan ce trans- 25 form er s, r egulating tr ansform er s, scaled and auto-transform ers, Unint err uptibl e oHR 6 EH AMERICA!\ pVERSIGHT 54 CEQ050FY18091 _000000439 CEQ-18-0173-C-000092 52 1 1 '( B) consist s of an electricall y powered in- 2 tegTal light sour ce that illuminat es the legend 3 'EXIT' and any dir ectional indi cat ors and pro - 4 vides contra st between the legend, any clircc- 5 tiona l indi cat ors, and the background. 6 ' 1 (36)(A) Ex cept as provided in subpara graph 7 (B), the term 'distribution 8 tran sfor mer that- 9 "( i) ha s an input voltag e of 34 .5 kilovolts 10 or less; 11 "(ii) ha s an output voltage of 600 volts or 12 less; and 1 13 ' (iii) is rat ed for operation at a frequency 14 of 60 H ert z. 15 "( B) Th e term 16 tran sform er ' means a 1 distributi on tran sform er ' does not includ e- 17 " (i) transform .er s vvith multip le volta ge 18 taps, ?with the highest voltage tap equalin g at 19 leas t 20 pc1?ccnt more than the lowest volta ge 20 tap ; 1 21 '( ii) tran sform er s, such as tho se commonly 22 kno-wn as drive tran sform er s, r ectifier tran s- 23 form er s, 24 Po wer Syste m tran sform ers, impedan ce trans- 25 form er s, r egulating tr ansform er s, scaled and auto-transform ers, Unint err uptibl e oHR 6 EH AMERICA!\ pVERSIGHT 54 CEQ050FY18091 _000000439 CEQ-18-0173-C-000092 53 1 nonventilatin g 2 tran sform ers, welding tran sform ers, groundin g 3 tran sform ers, or testing transformers, 4 designed to be used in a special pm?posc appli- 5 cat ion and arc unlik ely to be u sed in general 6 purpo se appli cation s; or transformers, ma chin e tool that arc 7 "(jii) any transformer not listed m clau se 8 (ii) that is excluded by th e Secretary by rule 9 because- 10 "( I) t he tran sform er is designed for a 11 special application; 12 "( IT) the transformer is unJikely to be 13 used in general purp ose application s; and 14 "( III) th e app lieation of standard s to 15 the tran sformer would not resuJt in signifi- 16 can t energy savings . 17 "(3 7) The term 'low-voltage dry-type clis tribu- 18 tion transformer' 19 that - 20 mean s a distribution tran sform er "(A) ha s an input voltage of 600 volts or 21 Jess; 22 "(B) is air-cooled; an d 23 "(C) does not u se oil as a coolant. 24 25 "(38) Th e t erm 'st andb y mode' means the lowest power consumption mode that- oHR 6 EH AMERICA!\ pVERSIGHT 55 CEQ050FY18091 _000000439 CEQ-18-0173-C-000093 53 1 nonventilatin g 2 tran sform ers, welding tran sform ers, groundin g 3 tran sform ers, or testing transformers, 4 designed to be used in a special pm?posc appli- 5 cat ion and arc unlik ely to be u sed in general 6 purpo se appli cation s; or transformers, ma chin e tool that arc 7 "(jii) any transformer not listed m clau se 8 (ii) that is excluded by th e Secretary by rule 9 because"( I) t he tran sform er is designed for a 10 11 special application; 12 "( IT) the transformer is unJikely to be 13 used in general purp ose application s; and 14 "( III) th e app lieation of standard s to 15 the tran sformer would not resuJt in signifi- 16 can t energy savings . 17 "(3 7) The term 'low-voltage dry-type clis tribu- 18 tion transformer' 19 that - 20 mean s a distribution tran sform er "(A) ha s an input voltage of 600 volts or 21 Jess; 22 "(B) is air-cooled; an d 23 "(C) does not u se oil as a coolant. 24 25 "(38) Th e t erm 'st andb y mode' means the lowest power consumption mode that- oHR 6 EH AMERICA!\ pVERSIGHT 55 CEQ050FY18091 _000000439 CEQ-18-0173-C-000093 54 1 "(A) cannot be swit ched off or influ enced 2 by the user ; and 3 "( B) may persist for an indefinite time 4 ?when an applian ce is com1ected to th e main 5 electricity supply and used in accordance with 6 th e manu factm?er 's in stru ction s, 7 as defined on an incbvidu al product ba sis by the Sec- 8 retar y. 9 "(39) The term 'torchi ere' means a portable 10 electri c lamp with a reflector bowl that dir ect s light 11 upward so as to give indirect illumin ation. 12 "(4 0) Th e term 'traffi c sig11al module' means a 13 standard 8-inch (200mm) or 12-inch (300mm) traf- 14 fie sig11al indicat ion, consistin g of a light sour ce, a 15 lens, and all other part s necessary for operation , 16 that communi cates movement messages to drivers 17 throug h red , amber , and gTeen colors. 18 "( 41) Th e term 't ran sformer ' mean s a device 19 consisting of 2 or more coils of insulat ed v1ri re that 20 transfers alt ern at ing curr ent by clectr omag11etic in- 21 duction from 1 coil to anoth er to change the original 22 volta ge or curr ent value. 23 "( 42) Th e term 'unit h eater' means a self-con- 24 tain ed fan -type heat er designed to be install ed with - oHR 6 EH AMERICA!\ pVERSIGHT 56 CEQ050FY18091 _000000439 CEQ-18-0173-C-000094 54 1 "(A) cannot be swit ched off or influ enced 2 by the user ; and 3 "( B) may persist for an indefinite time 4 ?when an applian ce is com1ected to th e main 5 electricity supply and used in accordance with 6 th e manu factm?er 's in stru ction s, 7 as defined on an incbvidu al product ba sis by the Sec- 8 retar y. 9 "(39) The term 'torchi ere' means a portable 10 electri c lamp with a reflector bowl that dir ect s light 11 upward so as to give indirect illumin ation. 12 "(4 0) Th e term 'traffi c sig11al module' means a 13 standard 8-inch (200mm) or 12-inch (300mm) traf- 14 fie sig11al indicat ion, consistin g of a light sour ce, a 15 lens, and all other part s necessary for operation , 16 that communi cates movement messages to drivers 17 throug h red , amber , and gTeen colors. 18 "( 41) Th e term 't ran sformer ' mean s a device 19 consisting of 2 or more coils of insulat ed v1ri re that 20 transfers alt ern at ing curr ent by clectr omag11etic in- 21 duction from 1 coil to anoth er to change the original 22 volta ge or curr ent value. 23 "( 42) Th e term 'unit h eater' means a self-con- 24 tain ed fan -type heat er designed to be install ed with - oHR 6 EH AMERICA!\ pVERSIGHT 56 CEQ050FY18091 _000000439 CEQ-18-0173-C-000094 55 1 in the heated spa ce, except that such term does not 2 includ e a ?warm air furna ce. 3 "( 43) ,..rhet erm 'ceiling fan' means a non-port - 4 able device that is suspended from a ceiling for cir- 5 culating air via the rotation of fan blades. 6 " (44) The term 'ceiling fan light kit' means 7 equipm ent designed to provide light from a ceiling 8 fan which can be- 9 "(A) int egral, such that the equipment is 10 attac hed to th e ceiling fan prior to th e time of 11 retail sale; or 12 "(B) attachab le, such that at th e time of 13 retail sale th e equipment is not physically at - 14 tach ed to th e ceiling fan , but may be included 15 inside the ceiling fan pa ckage at th e time of 16 sale or sold separat ely for sub sequent atta ch- 17 mcnt to the fan. " . 18 (b) TEST PROCEDURES.-Sec tion 323 of the En ergy 19 Policy and Conservation Act (42 U.S .C. 6293) is 20 arnended21 (1) in sub section (b), by adding at the end the 22 following: 23 "( 9) ,.. r est pro cedur es for illuminat ed exit signs shall 24 be based on th e test method used und er Version 2 .0 of oHR 6 EH AMERICA!\ pVERSIGHT 57 CEQ050FY18091 _000000439 CEQ-18-0173-C-000095 55 1 in the heated spa ce, except that such term does not 2 includ e a ?warm air furna ce. 3 "( 43) ,..rhet erm 'ceiling fan' means a non-port - 4 able device that is suspended from a ceiling for cir- 5 culating air via the rotation of fan blades. 6 " (44) The term 'ceiling fan light kit' means 7 equipm ent designed to provide light from a ceiling 8 fan which can be- 9 "(A) int egral, such that the equipment is 10 attac hed to th e ceiling fan prior to th e time of 11 retail sale; or 12 "(B) attachab le, such that at th e time of 13 retail sale th e equipment is not physically at - 14 tach ed to th e ceiling fan , but may be included 15 inside the ceiling fan pa ckage at th e time of 16 sale or sold separat ely for sub sequent atta ch- 17 mcnt to the fan. " . 18 (b) TEST PROCEDURES.-Sec tion 323 of the En ergy 19 Policy and Conservation Act (42 U.S .C. 6293) is 20 arnended21 (1) in sub section (b), by adding at the end the 22 following: 23 "( 9) ,.. r est procedur es for illuminat ed exit signs shall 24 be based on th e test method used und er Version 2 .0 of oHR 6 EH AMERICA!\ pVERSIGHT 57 CEQ050FY18091 _000000439 CEQ-18-0173-C-000095 56 1 th e En ergy Star pr ogTam of th e Environm ent al Pr otection 2 Agency for illumin ated exit signs. 3 "( 10) ,.r est pr ocedur es for distri bution tran sform er s 4 and lm,v volta ge dry-type distributi on tr ansform er s shall 5 be based on th e 'St andard Test Method for l\/Icasuring the 6 En er gy Consumpti on of Distribution Tran sformer s' pr c7 scribed by t he Na tional El ectri cal .Manufa ctur er s Associa8 tion (NE .Mi\. TP 2-199 8) . Th e Secr etar y may r eview and 9 r evise thi s test pro cedur e. For purpo ses of section 346(a ), 10 thi s test pr ocedtu-e shall be deemed to be test ing 1?equir el l ment s pr escribed by th e Secr et ary m1der section 346 (a)( l ) 12 for distributi on tr ansform er s for which th e Secret ary 13 makes a determinati on th at energy conservation standard s 14 ,;i. rottld be technologically feasible and economically ju sti15 fied, and would r esult in significant energy savings . 16 "( 11) Test procedur es for tr affic signal mochtles shall 17 be ba sed on th e test meth od us ed und er th e En ergy Sta r 18 pr ogTam of the En vironm ental Pr otection Agency for tr af19 fie signal modules, as in effect on th e dat e of ena ctm ent 20 of thi s par agraph . 21 "( 12) rrest pr ocedur es for medium base compa ct fluo- 22 r escent lamp s sh all b e ba sed on th e tes t meth ods u sed 23 und er the Augu st 9, 2001 , ver sion of th e En ergy St ar pr o24 gr am of the Envir ornne ntal Pr otecti on Agency and De25 par trnent of En ergy for compact fluorescent lamp s. Cov- oHR 6 EH AMERICA!\ pVERSIGHT 58 CEQ050FY18091 _000000439 CEQ-18-0173-C-000096 56 1 th e En ergy Star pr ogTam of th e Environm ent al Pr otection 2 Agency for illumin ated exit signs. 3 "( 10) ,.r est pr ocedur es for distri bution tran sform er s 4 and lm,v volta ge dry-type distributi on tr ansform er s shall 5 be based on th e 'St andard Test Method for l\/Icasuring the 6 En er gy Consumpti on of Distribution Tran sformer s' pr c7 scribed by t he Na tional El ectri cal .Manufa ctur er s Associa8 tion (NE .Mi\. TP 2-199 8) . Th e Secr etar y may r eview and 9 r evise thi s test pro cedur e. For purpo ses of section 346(a ), 10 thi s test pr ocedtu-e shall be deemed to be test ing 1?equir el l ment s pr escribed by th e Secr et ary m1der section 346 (a)( l ) 12 for distributi on tr ansform er s for which th e Secret ary 13 makes a determinati on th at energy conservation standard s 14 ,;i. rottld be technologically feasible and economically ju sti15 fied, and would r esult in significant energy savings . 16 "( 11) Test procedur es for tr affic signal mochtles shall 17 be ba sed on th e test meth od us ed und er th e En ergy Sta r 18 pr ogTam of the En vironm ental Pr otection Agency for tr af19 fie signal modules, as in effect on th e dat e of ena ctm ent 20 of thi s par agraph . 21 "( 12) rrest pr ocedur es for medium base compa ct fluo- 22 r escent lamp s sh all b e ba sed on th e tes t meth ods u sed 23 und er the Augu st 9, 2001 , ver sion of th e En ergy St ar pr o24 gr am of the Envir ornne ntal Pr otecti on Agency and De25 par trnent of En ergy for compact fluorescent lamp s. Cov- oHR 6 EH AMERICA!\ pVERSIGHT 58 CEQ050FY18091 _000000439 CEQ-18-0173-C-000096 57 1 ered produ cts shall meet all test requir ement s for regu- 2 lat ed param eters in section 325(bb). However, covered 3 produ cts may be mark eted prior to completion of lamp life 4 and lumen maint enanc e at 40 percent of rat ed life testing 5 provided manufa ctur ers document engineering pr edictions 6 and analysis that support e2q)ected attainm ent of lumen 7 maintenance at 40 percent rat ed life and lamp life time. 8 " (13) 'rh e Secretary shall, not late r than 18 months 9 aft er the dat e of enactment of thi s paragraph, prescribe 10 test ing requir ement s for ceiling fans and ceiling fan light . " ; an d 11 lnts. (2) by adding at th e end th e following: 12 13 ''(f) ADDl'l' IONJ\L 14 PR0DUCTS.- rrhe C ONSUMB l{ Secretary AN D COM iVIERClJ\1.i shaH, not lat er than 24 15 months after th e date of enactment of thjs subsection, pr e- 16 scribe testing requir ements for refrigerat ed bottled or 17 canned beverage vending rnachines, and conunercial refrig18 era.tors, freezers, and refrigerat or-freezers. Such test ing 19 1?equirement s shall be ba sed on existin g t est procedures 20 used in indu stry to the extent pr act ical and reasonable." . 21 (c) Nrn,11 r STANDARDS.-S ection 325 of the En ergy 22 Policy and Conservation Act (42 U.S .C. 6295) is amended 23 by adding at the end the follo-wing: 24 "( u) BATTERY C HARGER Al"\! D E X'l' ER NAL POVlE R 25 SU PPL Y ELE C'l'R IC E NER GY CONSUM PTIO N .- oHR 6 EH AMERICA!\ pVERSIGHT 59 CEQ050FY18091 _000000439 CEQ-18-0173-C-000097 57 1 ered produ cts shall meet all test requir ement s for regu- 2 lat ed param eters in section 325(bb). However, covered 3 produ cts may be mark eted prior to completion of lamp life 4 and lumen maint enanc e at 40 percent of rat ed life testing 5 provided manufa ctur ers document engineering pr edictions 6 and analysis that support e2q)ected attainm ent of lumen 7 maintenance at 40 percent rat ed life and lamp life time. 8 " (13) 'rh e Secretary shall, not late r than 18 months 9 aft er the dat e of enactment of thi s paragraph, prescribe 10 test ing requir ement s for ceiling fans and ceiling fan light . " ; an d 11 lnts. (2) by adding at th e end th e following: 12 13 ''(f) ADDl'l' IONJ\L 14 PR0DUCTS.- rrhe C ONSUMB l{ Secretary AN D COM iVIERClJ\1.i shaH, not lat er than 24 15 months after th e date of enactment of thjs subsection, pr e- 16 scribe testing requir ements for refrigerat ed bottled or 17 canned beverage vending rnachines, and conunercial refrig18 era.tors, freezers, and refrigerat or-freezers. Such test ing 19 1?equirement s shall be ba sed on existin g t est procedures 20 used in indu stry to the extent pr act ical and reasonable." . 21 (c) Nrn,11 r STANDARDS.-S ection 325 of the En ergy 22 Policy and Conservation Act (42 U.S .C. 6295) is amended 23 by adding at the end the follo-wing: 24 "( u) BATTERY C HARGER Al"\! D E X'l' ER NAL POVlE R 25 SU PPL Y ELE C'l'R IC E NER GY CONSUM PTIO N .- oHR 6 EH AMERICA!\ pVERSIGHT 59 CEQ050FY18091 _000000439 CEQ-18-0173-C-000097 58 1 " (]) INlTlAL RULEi\fAKTNO.-(A) 11 he Secretary 2 shall, viri.thin18 month s aft er th e dat e of enactment 3 of this subsection , pr escribe by notice and comment , 4 definitions and test procechu?es fo1? the power u se of 5 batt ery charg ers and external power supplies. In es- 6 tablishing th ese t est procechu?es, th e Secretar ,v shall 7 consider , among other factor s, e:xisting definitions 8 and test procedure s used for measurin g energy con- 9 sumption in standby mode and other modes and as- 10 sess th e curr ent and proj ect ed futu re mark et for 11 batt ery charg ers and e:k-iernal power supplies. This 12 assessment shall include est imates of th e significance 13 of potential energy savings from technical improve- 14 ment s to these product s and suggest ed produ ct 15 classes for standard s. Pr ior to th e end of thi s time 16 period, th e Secretar y shall hold a scoping workshop 17 to discuss and receive cornments on plan s for devel- 18 oping energy conservation standard s for energy u se 19 for th ese produ cts. 20 " (B) The Secretar y shall, within 3 year s aft er 21 th e dat e of enactm ent of thi s subsection , issue a 22 final rule that determin es v.rh eth er energy conserva- 23 tion standa rds shall be issued for batt ery char gers 24 and external power supplies or classes th ereof. For oHR 6 EH AMERICA!\ pVERSIGHT 60 CEQ050FY18 091_000000439 CEQ-18-0173-C-000098 58 1 " (]) INlTlAL RULEi\fAKTNO.-(A) 11 he Secretary 2 shall, viri.thin18 month s aft er th e dat e of enactment 3 of this subsection , pr escribe by notice and comment , 4 definitions and test procechu?es fo1? the power u se of 5 batt ery charg ers and external power supplies. In es- 6 tablishing th ese t est procechu?es, th e Secretar ,v shall 7 consider , among other factor s, e:xisting definitions 8 and test procedure s used for measurin g energy con- 9 sumption in standby mode and other modes and as- 10 sess th e curr ent and proj ect ed futu re mark et for 11 batt ery charg ers and e:k-iernal power supplies. This 12 assessment shall include est imates of th e significance 13 of potential energy savings from technical improve- 14 ment s to these product s and suggest ed produ ct 15 classes for standard s. Pr ior to th e end of thi s time 16 period, th e Secretar y shall hold a scoping workshop 17 to discuss and receive cornments on plan s for devel- 18 oping energy conservation standard s for energy use 19 for th ese produ cts. 20 " (B) The Secretar y shall, within 3 year s aft er 21 th e dat e of enactm ent of thi s subsection , issue a 22 final rule that determin es v.rh eth er energy conserva- 23 tion standa rds shall be issued for batt ery char gers 24 and external power supplies or classes th ereof. For oHR 6 EH AMERICA!\ pVERSIGHT 60 CEQ050FY18 091_000000439 CEQ-18-0173-C-000098 59 1 each pr oduct class, any such sta ndard s shall be set 2 at the lowest level of energy use that- 3 "(i) meets th e criteria and procedures of 4 subs ection s (o), (p), (q), (r), (s), and (t); and 5 "( ii) will result in sig111ficant overall an- 6 nual energy savings, considerin g both standby 7 mode and other operating modes. 8 " (2) RG VTEW OF 9 S'l'J\NDBY COVEREDPRODUCTS.-In EN.ERGY US E TN determining pursuant to 10 section 323 vvhether test pro cedur es and energy con- 11 servation standard s pur suant to thi s section should 12 be revised, the Secretary shall consider, for covered 13 products that are major sources of standby mode en- 14 ergy consu mption, whethe r to incorporate sta ndby 15 mode into such te st pro cedur es and energy conserva- 16 tion standard s, taking into account , among other 17 relevant factor s, standby mode povver consumption 18 compar ed to overall produ ct energy consumption . 19 "(3) RULElV IAICT NG.- The Secreta ry shall not 20 pr opose a standard und er thi s section unl ess the 21 Secretary ha s issued applicable test procedure s for 22 each produ ct pur suant to section 323. 23 24 "( 4) EFFE CTIVE DATE.-An y standard issued und er thi s sub section shall be applicable to product s oHR 6 EH AMERICA!\ pVERSIGHT 61 CEQ050FY18091 _000000439 CEQ-18-0173-C-000099 59 1 each pr oduct class, any such sta ndard s shall be set 2 at the lowest level of energy use that- 3 "(i) meets th e criteria and procedures of 4 subs ection s (o), (p), (q), (r), (s), and (t); and 5 "( ii) will result in sig111ficant overall an- 6 nual energy savings, considerin g both standby 7 mode and other operating modes. 8 " (2) RG VTEW OF 9 S'l'J\NDBY COVEREDPRODUCTS.-In EN.ERGY US E TN determining pursuant to 10 section 323 vvhether test procedur es and energy con- 11 servation standard s pur suant to thi s section should 12 be revised, the Secretary shall consider, for covered 13 products that are major sources of standby mode en- 14 ergy consu mption, whethe r to incorporate sta ndby 15 mode into such te st pro cedur es and energy conserva- 16 tion standard s, taking into account , among other 17 relevant factor s, standby mode povver consumption 18 compar ed to overall produ ct energy consumption . 19 "(3) RULElV IAICT NG.- The Secreta ry shall not 20 pr opose a standard und er thi s section unl ess the 21 Secretary ha s issued applicable test procedure s for 22 each produ ct pur suant to section 323. 23 24 "( 4) EFFE CTIVE DATE.-An y standard issued und er thi s sub section shall be applicable to product s oHR 6 EH AMERICA!\ pVERSIGHT 61 CEQ050FY18091 _000000439 CEQ-18-0173-C-000099 60 1 manufa ctur ed or import ed 3 year s after th e dat e of 2 issu ance. 3 "(5) VOLUNTARYPROGRAMS. - The Secretary 4 and the Administrator shall collaborate and develop 5 program s, including program s pursuant to section 6 324A (relating to En ergy Star Pro gram s) and other 7 voluntar y indu stry agTeements or codes of condu ct , 8 that are designed to r?educe st andby n10de energy 9 u se . 10 "(v) VENDING 11 FRIGERATORS ' l\lL\CIII NES, FREEZERS Al'-JD CO:l\'11\ IER CIAL RE - AND REFRI GE RATOR-FREE Z) 12 l!;RS.-'rhe Secretary shall not later than 36 months aft er 13 the dat e on which testing requirements ar e prescribed by 14 th e Secretary pur suan t to section 323(f), prescr-ibc, by 15 rul e, energy conservation sta ndard s for refrigerat ed bot- 16 tled or canned beverage vending machines and commercial 17 refrigerator s, freezers, and refrigera tor-fr eezers. In estab 18 lishing sta ndard s under this subsection, the Secretary 19 shall use th e criteria and procedur es contain ed in sub- 20 sections (o) and (p) . Any sta ndard prescribed m1der this 21 subsection shall apply to products manufa ctur ed 3 years 22 aft er th e dat e of publicat ion of a final rule establi shing 23 such stan dard. 24 "(w) l LLUl\IINATED E:xrr SIGNS.- Illuminat ed exit 25 signs manufa ctur ed on or after J anuary 1, 2006, shall oHR 6 EH AMERICA!\ pVERSIGHT 62 CEQ050 FY18091_000000439 CEQ-18-0173-C-000100 60 1 manufa ctur ed or import ed 3 year s after th e dat e of 2 issu ance. 3 "(5) VOLUNTARYPROGRAMS. - The Secretary 4 and the Administrator shall collaborate and develop 5 program s, including program s pursuant to section 6 324A (relating to En ergy Star Pro gram s) and other 7 voluntar y indu stry agTeements or codes of condu ct , 8 that are designed to r?educe st andby n10de energy 9 u se . 10 "(v) VENDING 11 FRIGERATORS ' l\lL\CIII NES, FREEZERS Al'-JD CO:l\'11\ IER CIAL RE - AND REFRI GE RATOR-FREE Z) 12 l!;RS.-'rhe Secretary shall not later than 36 months aft er 13 the dat e on which testing requirements ar e prescribed by 14 th e Secretary pur suan t to section 323(f), prescr-ibc, by 15 rul e, energy conservation sta ndard s for refrigerat ed bot- 16 tled or canned beverage vending machines and commercial 17 refrigerator s, freezers, and refrigera tor-fr eezers. In estab 18 lishing sta ndard s under this subsection, the Secretary 19 shall use th e criteria and procedur es contain ed in sub- 20 sections (o) and (p) . Any sta ndard prescribed m1der this 21 subsection shall apply to products manufa ctur ed 3 years 22 aft er th e dat e of publicat ion of a final rule establi shing 23 such stan dard. 24 "(w) l LLUl\IINATED E:xrr SIGNS.- Illuminat ed exit 25 signs manufa ctur ed on or after J anuary 1, 2006, shall oHR 6 EH AMERICA!\ pVERSIGHT 62 CEQ050 FY18091_000000439 CEQ-18-0173-C-000100 61 1 meet t he Version 2.0 En ergy Star Program perform ance 2 requir ement s for illuminated exit signs prescr ibed by the 3 En vironmental P rotection Agency. 4 "(x) TORCIIIERES.- T1orchiercs manufa ctur ed on or 5 aft e1?Januar y 1, 2006- ' 1 (1) sha ll consun_1enot more than 190 watts of 6 7 power; and ' 1 (2) shall not be capable of operatin g with 8 9 10 lamp s that tot al more than 190 watts. ' 1 (y) Ln w VOLTAGE DRY_r f YPE DISTRIBUTION 11 rf Ri-\J'\JSFORl\1ERS .- 'rh c efficiency of low voltage dry-type 12 distribu tion transformers manufa ctur ed on or after J anu 13 ary 1, 2006 , shall be th e Class I Effi ciency Levels for dis14 tri bution tr ansformers specified in rr able 4-2 of th e 'Guide 15 for Deterr11.ining Energy Effi ciency for Distribution rrran s16 formers' published by th e National Electri cal M.anufactur17 ers Associat ion (NElVIATP-1-2002 ). 18 "(z) TRAFFIC SIGNAL 1\/IODULES.- Traffi c signal 19 modules manufactu red on or after Januar y 1, 2006, shall 20 meet th e performance requir ement s used und er the En21 ergy Star program of the Environmental Pr otection Agen22 cy for traffic signals, as in effect on th e dat e of en actment 23 of this subsection, and shall be insta lled with compatible, 24 electri cally connected signal contro l int erfa ce devices and 25 conflict monitoring systems. oHR 6 EH AMERICA!\ pVERSIGHT 63 CEQ050FY18091 _000000439 CEQ-18-0173-C-000101 61 1 meet t he Version 2.0 En ergy Star Program perform ance 2 requir ement s for illuminated exit signs prescr ibed by the 3 En vironmental P rotection Agency. 4 "(x) TORCIIIERES.- T1orchiercs manufa ctur ed on or 5 aft e1?Januar y 1, 2006- ' 1 (1) sha ll consun_1enot more than 190 watts of 6 7 power; and ' 1 (2) shall not be capable of operatin g with 8 9 10 lamp s that tot al more than 190 watts. ' 1 (y) Ln w VOLTAGE DRY_r f YPE DISTRIBUTION 11 rf Ri-\J'\JSFORl\1ERS .- 'rh c efficiency of low voltage dry-type 12 distribu tion transformers manufa ctur ed on or after J anu 13 ary 1, 2006 , shall be th e Class I Effi ciency Levels for dis14 tri bution tr ansformers specified in rr able 4-2 of th e 'Guide 15 for Deterr11.ining Energy Effi ciency for Distribution rrran s16 formers' published by th e National Electri cal M.anufactur17 ers Associat ion (NElVIATP-1-2002 ). 18 "(z) TRAFFIC SIGNAL 1\/IODULES.- Traffi c signal 19 modules manufactu red on or after Januar y 1, 2006, shall 20 meet th e performance requir ement s used und er the En21 ergy Star program of the Environmental Pr otection Agen22 cy for traffic signals, as in effect on th e dat e of en actment 23 of this subsection, and shall be insta lled with compatible, 24 electri cally connected signal contro l int erfa ce devices and 25 conflict monitoring systems. oHR 6 EH AMERICA!\ pVERSIGHT 63 CEQ050FY18091 _000000439 CEQ-18-0173-C-000101 62 1 " (aa) U NIT Hl<} J\'l'ERS.- Unit heat ers manufa ctur ed 2 on or aft er the dat e that is 3 year s aft er th e dat e of ena ct3 ment of thi s sub section shall be equipp ed ,,vith an int ermi t 4 tent ignition device and shall have eith er power venting 5 or an automa tic flue damp er. 6 " (bb) lVl E D ruM B ASE C OMJ>i\C'l' FLl . OH.ESCE NT 7 LAMPS.-Bar e lamp and covered lamp (no r eflector ) me8 i\C'l' FLl . OH.ESCE NT 7 LAMPS.-Bar e lamp and covered lamp (no r eflector ) me8 ..'ie nt fca- 25 siblc, nse of indig enous energy sour ces; and oHR 6 EH AMERICA!\ pVERSIGHT 87 CEQ050FY18091 _000000439 CEQ-18-0173-C-000125 85 1 phoon s which fr equently occur in in sular areas and 2 such dam age often cost s million s of doUars to repair ; 3 and 4 "( 6) the r efinement of r enewable energy tech- 5 nologies sin ce the publi catio n of Uic 1982 Territorial 6 En er gy Assessment pr epar ed pur suant to sub section 7 (c) reveals th e need to reassess th e stat e of ener gy 8 produ ction, consun1ption , infra st ructur e, relian ce on 9 import ed energy, opportuniti es for ener g]' con serva- 10 tion and incr eased ener gy efficiency, and indigenou s 11 sour ces in r egar d to the insular ar eas ."; 12 (3) by amending sub section (e) to read as fol- 13 lows: 14 "(e)( l) The Secretary of th e Int er ior, in consulta tion 15 with the Secretar y of En ergy and the head of gover11J11 ent 16 of each in sular area, shall upd ate th e plans r equir ed und er 17 subsection ( c) by18 19 "(A) updatin g the contents required by sub secti on (c); 20 "( B ) draft ing long-te rm ene rgy plans for such 21 insular areas with the o~jective of r edu cing, to th e 22 CA'ie nt feasib le, th eir relian ce on energy impor ts by 23 the year 20 12, increas ing energy conservat ion and 24 energy efficiency, and maximizin g, to th e CJ>..'ie nt fca- 25 siblc, nse of indig enous energy sour ces; and oHR 6 EH AMERICA!\ pVERSIGHT 87 CEQ050FY18091 _000000439 CEQ-18-0173-C-000125 86 1 "(C) dr aft ing long-term energy tran smission 2 line plan s for such insular areas with the OQjective 3 that th e maximmn percent age feasible of electric 4 power transmission and distributi on lines in each in- 5 sular area be prot ected from dama ge cau sed by hur- 6 ricanes and typ hoons. 7 "(2) Not lat er than December 31, 2006, the Sec- 8 retar y of th e Int erior shall submit to Congress the updat ed 9 plans for each insular a1?ea requir ed by this subsection."; 10 and ( 4) by amending sub section (g)( 4) to read as 11 12 follows: 13 14 "(4 ) POWER LI NE Gl-{J\NT8 F'OH. IN8UTJ.AR AH,J!;J\S.- 15 " (.A) IN GENEHA.L .-'l'l1 e Secretary of the 16 Int erior is auth orized to mak e grant s to govern- 17 ments of insular areas of the United States to 18 carry out eligible projects to protect electric 19 power transmission 20 such insular ar eas from damage caused by hur - 21 ricanes and typhoons . and distribution lines in 22 "(B) Ei jlG IBJJE PROJECTS.-r rh e Sec retary 23 may award grants under subp ara graph (.A) only 24 to government s of insular areas of the United 25 States that submit ,,vritte n project plan s to the oHR 6 EH AMERICA!\ pVERSIGHT 88 CEQ050FY18091 _000000439 CEQ-18-0173-C-000126 86 1 "(C) dr aft ing long-term energy tran smission 2 line plan s for such insular areas with the OQjective 3 that th e maximmn percent age feasible of electric 4 power transmission and distributi on lines in each in- 5 sular area be prot ected from dama ge cau sed by hur- 6 ricanes and typ hoons. 7 "(2) Not lat er than December 31, 2006, the Sec- 8 retar y of th e Int erior shall submit to Congress the updat ed 9 plans for each insular a1?ea requir ed by this subsection."; 10 and ( 4) by amending sub section (g)( 4) to read as 11 12 follows: 13 14 "(4 ) POWER LI NE Gl-{J\NT8 F'OH. IN8UTJ.AR AH,J!;J\S.- 15 " (.A) IN GENEHA.L .-'l'l1 e Secretary of the 16 Int erior is auth orized to mak e grant s to govern- 17 ments of insular areas of the United States to 18 carry out eligible projects to protect electric 19 power transmission 20 such insular ar eas from damage caused by hur - 21 ricanes and typhoons . and distribution lines in 22 "(B) Ei jlG IBJJE PROJECTS.-r rh e Sec retary 23 may award grants under subp ara graph (.A) only 24 to government s of insular areas of the United 25 States that submit ,,vritte n project plan s to the oHR 6 EH AMERICA!\ pVERSIGHT 88 CEQ050FY18091 _000000439 CEQ-18-0173-C-000126 87 1 Secretary for proj ect s that meet the following 2 criteria: 3 "( i) Th e proj ect is design ed to prot ect 4 electric power transmission and distribu- 5 tion lines located in 1 or more of the insu- 6 lar areas of th e l huted States from dam- 7 age cau sed by hurrican es and typhoon s. 8 "( ii) Th e proj ect is likely to sub sta n- 9 tially reduce th e risk of futu1?e dama ge, hard ship , lm,s, or suffering . 10 "( iii) Th e pr oj ect addresses 1 or more 11 12 pr oblems that have been r epetiti ve or that 13 pose a signifieant risk to public h ealth and 14 safety . 15 "( iv) Th e proj ect is not Jilrnly to cost 16 more than th e value of th e reduct ion in di- 17 r ect damage and other negat ive impa cts 18 that th e pr oject is designed to pr event or 19 mit iga te . rr he cost benefit anal ysis requir ed 20 by th is crite rion shall be comput ed on a 21 net pr esent value basis. 22 "(v) rI'he proj ect design ha s tak en int o 23 considera tion long-te rm chan ges to th e 24 areas and persons it is designed to prot ect oHR 6 EH AMERICA!\ pVERSIGHT 89 CEQ050FY18091 _000000439 CEQ-18-0173-C-000127 87 1 Secretary for proj ect s that meet the following 2 criteria: 3 "( i) Th e proj ect is design ed to prot ect 4 electric power transmission and distribu- 5 tion lines located in 1 or more of the insu- 6 lar areas of th e l huted States from dam- 7 age cau sed by hurrican es and typhoon s. 8 "( ii) Th e proj ect is likely to sub sta n- 9 tially reduce th e risk of futu1?e dama ge, hard ship , lm,s, or suffering . 10 "( iii) Th e pr oj ect addresses 1 or more 11 12 pr oblems that have been r epetiti ve or that 13 pose a signifieant risk to public h ealth and 14 safety . 15 "( iv) Th e proj ect is not Jilrnly to cost 16 more than th e value of th e reduct ion in di- 17 r ect damage and other negat ive impa cts 18 that th e pr oject is designed to pr event or 19 mit iga te . rr he cost benefit anal ysis requir ed 20 by th is crite rion shall be comput ed on a 21 net pr esent value basis. 22 "(v) rI'he proj ect design ha s tak en int o 23 considera tion long-te rm chan ges to th e 24 areas and persons it is designed to prot ect oHR 6 EH AMERICA!\ pVERSIGHT 89 CEQ050FY18091 _000000439 CEQ-18-0173-C-000127 88 1 and ha s man ageable futur e maint enan ce 2 and modification requirement s. 3 "( vi) The prQject plan includes an 4 analysis of a range of options to address 5 the problem it is designed to pr event or 6 nntigate and a ju stification for th e selec- 7 tion of th e prQject in light of that analysis. 8 "( ,rii) rrhe applicant has Oses of thi s secti on: (1) QUALU'JED II YDROELB CTRIC F'ACILI'l'Y.- 2 3 Th e term " qualifi ed hydroelectri c facility" mean s a 4 turbin e or other gener at ing device ovvned or solely 5 oper ated by a non-F eder al ent ity which gener ates 6 hydro electri c ener gy for sale and ,;vhich is add ed to 7 an eA'istin g dam or condu it. 8 (2) EXISTING DA~! OR UONDUIT.-Th e t erm 9 "existing dam or conduit " mean s any dam or con- 10 dnit the const ru ction of which was completed before 11 th e dat e of th e ena ctm ent of thi s section and which 12 does not r equir e any constru ction or enlargement of 13 impou ndm ent or diver sion st ructur es ( oth er than r e- 14 pa ir or reconstru ction) in connect ion with th e insta1- 15 lation of a turbin e or oth er gener ating de,rice. 16 (3) CONDUl'l'.-Th e term "conduit " ha s the 17 same meanin g as when used in section 30(a ) (2) of 18 th e F ederal P ower Act (16 U .S.C. 823a(a )(2 )) . 19 ,.fhe term s defined in thi s sub section sha ll apply ,,vith out 20 regard to th e hydr oelect ric kilowat t cap acity of th e facility 21 concen 1ed, ,~rithout r egard to v.rh ether the facility u ses a 22 darn owned by a govern ment al or nongovernm ental enti ty, 23 and with ou t regard t o wheth er th e facility begins oper24 ati on on or aft er th e elate of th e ena ctm en t of thi s section. oHR 6 EH AMERICA!\ pVERSIGHT 109 CEQ050FY18091_000000439 CEQ-18-0173-C-000147 107 1 (b) DEFfNI'rIONS.-F or ptnJ>Oses of thi s secti on: (1) QUALU'JED II YDROELB CTRIC F'ACILI'l'Y.- 2 3 Th e term " qualifi ed hydroelectri c facility" mean s a 4 turbin e or other gener at ing device ovvned or solely 5 oper ated by a non-F eder al ent ity which gener ates 6 hydro electri c ener gy for sale and ,;vhich is add ed to 7 an eA'istin g dam or condu it. 8 (2) EXISTING DA~! OR UONDUIT.-Th e t erm 9 "existing dam or conduit " mean s any dam or con- 10 dnit the const ru ction of which was completed before 11 th e dat e of th e ena ctm ent of thi s section and which 12 does not r equir e any constru ction or enlargement of 13 impou ndm ent or diver sion st ructur es ( oth er than r e- 14 pa ir or reconstru ction) in connect ion with th e insta1- 15 lation of a turbin e or oth er gener ating de,rice. 16 (3) CONDUl'l'.-Th e term "conduit " ha s the 17 same meanin g as when used in section 30(a ) (2) of 18 th e F ederal P ower Act (16 U .S.C. 823a(a )(2 )) . 19 ,.fhe term s defined in thi s sub section sha ll apply ,,vith out 20 regard to th e hydr oelect ric kilowat t cap acity of th e facility 21 concen 1ed, ,~rithout r egard to v.rh ether the facility u ses a 22 darn owned by a govern ment al or nongovernm ental enti ty, 23 and with ou t regard t o wheth er th e facility begins oper24 ati on on or aft er th e elate of th e ena ctm en t of thi s section. oHR 6 EH AMERICA!\ pVERSIGHT 109 CEQ050FY18091_000000439 CEQ-18-0173-C-000147 108 1 (c) ELI GIBILITY ,v 1ND0vv.-P a.)m1 ent s may be mad e 2 und er thi s section only for electri c energy generat ed from 3 a qualified hydro electric facility which begins operati on 4 dw?ing th e period of 10 fiscal year s beginnin g with the 5 first full fiscal year occurrin g aft er th e dat e of enactm ent 6 of thi s subtW e. 7 (d) l NCfi:NTI VE PERIOD.- A qualified hydroelectri c 8 facility may receive payment s und er thi s section for a pe- 9 ri od of 10 fiscal year s (referr ed to in thi s section as th e 10 "incentive per iod") . Such period shall begin ?with th e fiscal 11 year in which electri c energy gcne1?ated from th e facility 12 is first eligible for such payment s. 13 (e) AlVI OUN '1' OP P AYMEN'l'.- 14 (1) I N 0E NEHAL.-Pa y ment s made by th e Sec- 15 ret ary tmder thj s section to th e owner or operator of 16 a qualified hydr oelectri c facility shalJ be ba sed on 17 the numb er of kilmvatt hour s of hydroelectr ic energy 18 generat ed by th e facility durin g th e incentive period. 19 F or any such facility, th e amoun t of such payment 20 shall be 1.8 cents per kilowatt hour (adju sted as 21 pr ovided in para graph (2)), subj ect to th e avail- 22 ability of appropriation s und er sub section (g), except 23 that no facility may receive more than $750,000 in 24 1 calendar year. oHR 6 EH AMERICA!\ pVERSIGHT 110 CEQ050FY18091 _000000439 CEQ-18-0173-C-000148 108 1 (c) ELI GIBILITY ,v 1ND0vv.-P a.)m1 ent s may be mad e 2 und er thi s section only for electri c energy generat ed from 3 a qualified hydro electric facility which begins operati on 4 dw?ing th e period of 10 fiscal year s beginnin g with the 5 first full fiscal year occurrin g aft er th e dat e of enactm ent 6 of thi s subtW e. 7 (d) l NCfi:NTI VE PERIOD.- A qualified hydroelectri c 8 facility may receive payment s und er thi s section for a pe- 9 ri od of 10 fiscal year s (referr ed to in thi s section as th e 10 "incentive per iod") . Such period shall begin ?with th e fiscal 11 year in which electri c energy gcne1?ated from th e facility 12 is first eligible for such payment s. 13 (e) AlVI OUN '1' OP P AYMEN'l'.- 14 (1) I N 0E NEHAL.-Pa y ment s made by th e Sec- 15 ret ary tmder thj s section to th e owner or operator of 16 a qualified hydr oelectri c facility shalJ be ba sed on 17 the numb er of kilmvatt hour s of hydroelectr ic energy 18 generat ed by th e facility durin g th e incentive period. 19 F or any such facility, th e amoun t of such payment 20 shall be 1.8 cents per kilowatt hour (adju sted as 21 pr ovided in para graph (2)), subj ect to th e avail- 22 ability of appropriation s und er sub section (g), except 23 that no facility may receive more than $750,000 in 24 1 calendar year. oHR 6 EH AMERICA!\ pVERSIGHT 110 CEQ050FY18091 _000000439 CEQ-18-0173-C-000148 109 1 (2) ADJUS' l'M IDNT S.-Th e amount of th e pay- 2 ment made to any person und er thi s section as pro- 3 vided in paragrap h (1) shall be ac\justcd for inflation 4 for each fiscal year beginning after calendar year 5 200 5 in the same mann er as provided in th e provi- 6 sions of section 29(d)(2)(B) of th e Int ernal Revenue 7 Code of 1986, except that in applying such prmri- 8 sions the calendar year 200 5 shall be subs6tut ed for 9 calendar year 1979. 10 (f) SuNSET.- No payment may be made under this 11 section to any qualified hydroelectri c facility after th e ex12 piration of th e period of 20 fiscal year s beginnin g with 13 the fir st full fiscal year occurring after the dat e of enact14 ment of this subtit le, and no pay ment may be made tmder 15 this section to any su ch facility aft er a paym ent ha s been 16 made v,rith respect to such facility for a period of 10 fiscal 17 years . 18 (g) AU'I'IIORIZAT ION OF .APPROPRIATIO NS .- Th c r e 19 ar c author ized to be appropriated to the Secretary to cai-ry 20 out th e purposes of thi s section $10,000,000 for each of 21 th e fiscal years 2006 thro ugh 2015. 22 23 SEC. 242. HYDROELE CTRIC EF FICIEN CY IMPROVEME NT. (a) l NCEN 'l'lVE PAYi\IB NTS.-'rh e Secretary of En- 24 crgy shall mak e incenti ve payment s to th e owners or opcr25 a.tors of hydroelectri c facilities at existing clams to be used oHR 6 EH AMERICA!\ pVERSIGHT 111 CEQ050 FY18091_000000439 CEQ-18-0173-C-000149 109 1 (2) ADJUS' l'M IDNT S.-Th e amount of th e pay- 2 ment made to any person und er thi s section as pro- 3 vided in paragrap h (1) shall be ac\justcd for inflation 4 for each fiscal year beginning after calendar year 5 200 5 in the same mann er as provided in th e provi- 6 sions of section 29(d)(2)(B) of th e Int ernal Revenue 7 Code of 1986, except that in applying such prmri- 8 sions the calendar year 200 5 shall be subs6tut ed for 9 calendar year 1979. 10 (f) SuNSET.- No payment may be made under this 11 section to any qualified hydroelectri c facility after th e ex12 piration of th e period of 20 fiscal year s beginnin g with 13 the fir st full fiscal year occurring after the dat e of enact14 ment of this subtit le, and no pay ment may be made tmder 15 this section to any su ch facility aft er a paym ent ha s been 16 made v,rith respect to such facility for a period of 10 fiscal 17 years . 18 (g) AU'I'IIORIZAT ION OF .APPROPRIATIO NS .- Th c r e 19 ar c author ized to be appropriated to the Secretary to cai-ry 20 out th e purposes of thi s section $10,000,000 for each of 21 th e fiscal years 2006 thro ugh 2015. 22 23 SEC. 242. HYDROELE CTRIC EF FICIEN CY IMPROVEME NT. (a) l NCEN 'l'lVE PAYi\IB NTS.-'rh e Secretary of En- 24 crgy shall mak e incenti ve payment s to th e owners or opcr25 a.tors of hydroelectri c facilities at existing clams to be used oHR 6 EH AMERICA!\ pVERSIGHT 111 CEQ050 FY18091_000000439 CEQ-18-0173-C-000149 110 1 to rnaJrn capita l improvement s in the facilities that ar e di- 2 rectly related to improving th e efficiency of such facilities 3 by at least 3 percent. 4 (b) LIMI'rATIONS.- In centivc payment s und er thi s 5 section shall not exceed 10 percent of th e cost s of th e cap- 6 ital i rnprovement concern ed and not n1ore than 1 payment 7 may be mad e with respect to improvement s at a single 8 facj}ity . No payment in excess of $750,000 may be maII {J\TION.-rrhi s subpara- 2 gra ph shalJ cease to ha.ve effect on Janu- 3 ary 1, 2021. 4 " (4) DEFI NITION.- For th e purpo ses of thi s 5 sub section , th e t erm 'F ederal au t horization' means 6 any authori zation r equir ed u.nd cr F ederal law in 7 ord er to constru ct , eA'Pand, or operat e a 1iquefaction 8 or gasification natural gas terminal , includin g such 9 permit s, special u se authorization s, certification s, 10 op1mons, or oth er appro vals as may be r equir ed, 11 wheth er issued by a F ederal or St at e agency." . 12 (d) JUDICI.AL RJi}V mw.-S ection 19 of th e Natural 13 Gas Act (15 U .S.C. 717r) is amend ed by addin g at the 14 end th e follmving : 15 ' 1 (d) J UDICI.AL REvmw.' 1 (1) 16 IN GENERAL.-rfh e Unit ed Stat es Court of 17 App eals for th e Distri ct of Columbia Circuit shall 18 have original and exclusive juri sdiction over any civil 19 action- 20 " (A) for rcv1ew of any 01?der , action, or 21 failur e to act of any F ederal or Stat e admini s- 22 trati ve agency to issue, condition , or deny any 23 permit, license, concurr ence, or appro val r e- 24 quir ed und er F ederal law for th e constru ction , oHR 6 EH AMERICA!\ pVERSIGHT 126 CEQ050FY18091 _000000439 CEQ-18-0173-C-000164 124 "( iv) 1 ExT>II {J\TION.-rrhi s subpara- 2 gra ph shalJ cease to ha.ve effect on Janu- 3 ary 1, 2021. 4 " (4) DEFI NITION.- For th e purpo ses of thi s 5 sub section , th e t erm 'F ederal au t horization' means 6 any authori zation r equir ed u.nd cr F ederal law in 7 ord er to constru ct , eA'Pand, or operat e a 1iquefaction 8 or gasification natural gas terminal , includin g such 9 permit s, special u se authorization s, certification s, 10 op1mons, or oth er appro vals as may be r equir ed, 11 wheth er issued by a F ederal or St at e agency." . 12 (d) JUDICI.AL RJi}V mw.-S ection 19 of th e Natural 13 Gas Act (15 U .S.C. 717r) is amend ed by addin g at the 14 end th e follmving : 15 ' 1 (d) J UDICI.AL REvmw.' 1 (1) 16 IN GENERAL.-rfh e Unit ed Stat es Court of 17 App eals for th e Distri ct of Columbia Circuit shall 18 have original and exclusive juri sdiction over any civil 19 action- 20 " (A) for rcv1ew of any 01?der , action, or 21 failur e to act of any F ederal or Stat e admini s- 22 trati ve agency to issue, condition , or deny any 23 permit, license, concurr ence, or appro val r e- 24 quir ed und er F ederal law for th e constru ction , oHR 6 EH AMERICA!\ pVERSIGHT 126 CEQ050FY18091 _000000439 CEQ-18-0173-C-000164 125 1 mq)ansion, or operation of a liquefaction or gas - 2 ification natural gas ter1ninal; 3 "( B) alleging unr easonable delay, in meet- 4 ing 5 3(d)(2)(C) 6 State 7 order or taki ng other action described in sub- 8 paragraph (A); a schedule estab lished or othenvise, under section by any F ederal or aclm-1J1istra6ve agency in ent erin g an 01? 9 "(C) challenging any decision mad e or ac- 10 tion taken by the Commission unde r section 11 3(d) . 12 "(2) CO~lMISSIONAC'l'ION.-For any action cle- 13 scr ibed in thi s sub section, th e Commission shall file 14 with th e Court the consolidated record maintain ed 15 under sect ion 3(c1)(2)(D). 16 "(3) COUR'l' AC'l'ION.-If the Court find s und er 17 para graph (l)(A) or (B) th at an orde r , ac6on, fail- 18 ur e to act, or delay is inconsistent ?with appli cable 19 F eder al law, and would prevent th e constru ction , ex- 20 pan sion , or operation of a liqu efactio n or gas ificat ion 21 natural gas termina l, the order or action sha11 be 22 deemed to ha ve been issued or taken, subj ect to any 23 condition s estab lished by the Federa l or State ad- 24 minist rat ive agency upon reman d from the Court , 25 su ch conditi ons to be consiste nt ,,vith the order of oHR 6 EH AMERICA!\ pVERSIGHT 127 CEQ050FY18091 _000000439 CEQ-18-0173-C-000165 125 1 mq)ansion, or operation of a liquefaction or gas - 2 ification natural gas ter1ninal; 3 "( B) alleging unr easonable delay, in meet- 4 ing 5 3(d)(2)(C) 6 State 7 order or taki ng other action described in sub- 8 paragraph (A); a schedule estab lished or othenvise, under section by any F ederal or aclm-1J1istra6ve agency in ent erin g an 01? 9 "(C) challenging any decision mad e or ac- 10 tion taken by the Commission unde r section 11 3(d) . 12 "(2) CO~lMISSIONAC'l'ION.-For any action cle- 13 scr ibed in thi s sub section, th e Commission shall file 14 with th e Court the consolidated record maintain ed 15 under sect ion 3(c1)(2)(D). 16 "(3) COUR'l' AC'l'ION.-If the Court find s und er 17 para graph (l)(A) or (B) th at an orde r , ac6on, fail- 18 ur e to act, or delay is inconsistent ?with appli cable 19 F eder al law, and would prevent th e constru ction , ex- 20 pan sion , or operation of a liqu efactio n or gas ificat ion 21 natural gas termina l, the order or action sha11 be 22 deemed to ha ve been issued or taken, subj ect to any 23 condition s estab lished by the Federa l or State ad- 24 minist rat ive agency upon reman d from the Court , 25 su ch conditi ons to be consiste nt ,,vith the order of oHR 6 EH AMERICA!\ pVERSIGHT 127 CEQ050FY18091 _000000439 CEQ-18-0173-C-000165 126 1 th e Court. If the Court r emand s th e ord er or action 2 to th e Fed eral or State agency, th e Court shaJJ set 3 a reasonab le deadlin e for th e a b0 ?cncy o to act on re - 4 mand. (' (4) UNREASONABLE DELAY.- For 5 th e pur- 6 poses of paragraph 7 to issue a permit , license, concurrence, or approval 8 ?within th e lat er of- (l )(B), th e failure of an agen cy 9 " (A) 1 year aft er th e dat e of filing of an 10 app licat ion for th e permit, license, concu rr ence, 11 or appr oval; or "(B) 60 days after the dat e of issuan ce of 12 13 th e ord er und er section 3(d), 14 shall be considered unr easo nabl e delay unl ess th e 15 Court, for good cause shown, dete rmin es otherwise. 16 "(5) E A'PEDVl'ED REVl.EW.-rrh e Court shall set 17 any action brought m1der thi s sub section for e),._1)C - 18 ditecl consideration." . 19 SEC. 327. HYDRAULIC FRACTURING. 20 Para graph (1) of section 142l(d) of the Safe DrinJ r- 21 ing vVater Act (42 U.S.C. 300h(d)) is am end ed to rea d 22 as follows: 23 24 "(1) UNDBRGROUND INJE CTI ON.-1"he term (underg round inj ecti on' - oHR 6 EH AMERICA!\ pVERSIGHT 128 CEQ050FY18091 _000000439 CEQ-18-0173-C-000166 126 1 th e Court. If the Court r emand s th e ord er or action 2 to th e Fed eral or State agency, th e Court shaJJ set 3 a reasonab le deadlin e for th e a b0 ?cncy o to act on re - 4 mand. (' (4) UNREASONABLE DELAY.- For 5 th e pur- 6 poses of paragraph 7 to issue a permit , license, concurrence, or approval 8 ?within th e lat er of- (l )(B), th e failure of an agen cy 9 " (A) 1 year aft er th e dat e of filing of an 10 app licat ion for th e permit, license, concu rr ence, 11 or appr oval; or "(B) 60 days after the dat e of issuan ce of 12 13 th e ord er und er section 3(d), 14 shall be considered unr easo nabl e delay unl ess th e 15 Court, for good cause shown, dete rmin es otherwise. 16 "(5) E A'PEDVl'ED REVl.EW.-rrh e Court shall set 17 any action brought m1der thi s sub section for e),._1)C - 18 ditecl consideration." . 19 SEC. 327. HYDRAULIC FRACTURING. 20 Para graph (1) of section 142l(d) of the Safe DrinJ r- 21 ing vVater Act (42 U.S.C. 300h(d)) is am end ed to rea d 22 as follows: 23 24 "(1) UNDBRGROUND INJE CTI ON.-1"he term (underg round inj ecti on' - oHR 6 EH AMERICA!\ pVERSIGHT 128 CEQ050FY18091 _000000439 CEQ-18-0173-C-000166 127 1 " (A) means th e subsurfa ce emplac ement of fluid s by well inj ection; and 2 " (B) excludes- 3 4 " (i) th e und erground inj ection of na t- 5 ura l gas for purpo ses of storag e; and 6 "( ii ) the und erground iJ1jection of 7 flui ds or pr oppin g agent s pur suant to hy- 8 drau lic fra cturin g operation s relat ed to oil 9 or gas produ ction activiti es ." . 10 SEC. 328. OIL AND GAS EXPLORATION AND PRODUCTION 11 12 DEFINED. Section 502 of th e F ederal \i\Tater Polluti on Control 13 Act (33 U.S.C. 1362) is amend ed by add ing at th e end 14 the following: 15 " (24) OIL A ND GAS EXPLOR J\'l'TON Al~D PR0 - 16 nucrrroN.-~n ie term 'oil and gas mcploration , pr o- 17 duction , proc essing, or tr eatm ent 18 tran smission faciliti es' mean s all field activiti es or 19 oper ati ons a ssociat ed ?with exploration , pr oducti on, 20 pr ocessing, or tr eatm ent operation s, or tran smission 21 faciliti es , includin g activiti es necessary to pr epar e a 22 sit e for drillin g an.'ture of natural 1 or artificia l 2 gas, including compr essed or liquefied natural 3 gas, natural 4 gas, and condensate recovered from natural 5 . ". gas; gas liquids , liquefied petro lemn 6 SEC. 330 . APPEALS RELATING TO PIPELINE CONSTRUC- 7 TION 8 MENT PROJECTS. 9 OR OFFSHORE MINERAL DEVELOP- (a) AGENCY OF RE CORD, P IPELINE CONSTRUCT ION 10 PRO.JE CTS.- Any F eder al admin ist rative agency pro - 11 cecding that is an appea l or revicvv und er section 319 of 12 the Coastal Zone lVfanagement Act of 1972 (16 U .S .C. 13 146 5), as amended by thi s Act, related to l~ederal author14 ity for an inter sta te natu r aJ gas pipeline construction 15 project, including constr uction of natural gas stora ge and 16 liquefied natura l gas facilities, shall use as it s exclusive 17 record for all purpo ses the record compiled by t he Federa ] 18 En ergy Regulatory Commission pur suant to the Comnn s19 sion' s proceeding und er sections 3 and 7 of the Natura l 20 Gas Act (15 U .S.C. 717b , 717f) . 21 (b) SENSE 01" C0NGRESS.-It is the sense of Con - 22 gTess that aU F eder al and Sta te agencies virithjuri sdiction 23 over interstat e natural gas pipeline const ruction act ivities 24 should coordinate their proceedings within the timcframes tlato ry Commission 25 estab lished by the F edera l En ergy Reg1- oHR 6 EH AMERICA!\ pVERSIGHT 131 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000169 129 ''(B) any mi>.'ture of natural 1 or artificia l 2 gas, including compr essed or liquefied natural 3 gas, natural 4 gas, and condensate recovered from natural 5 . ". gas; gas liquids , liquefied petro lemn 6 SEC. 330 . APPEALS RELATING TO PIPELINE CONSTRUC- 7 TION 8 MENT PROJECTS. 9 OR OFFSHORE MINERAL DEVELOP- (a) AGENCY OF RE CORD, P IPELINE CONSTRUCT ION 10 PRO.JE CTS.- Any F eder al admin ist rative agency pro - 11 cecding that is an appea l or revicvv und er section 319 of 12 the Coastal Zone lVfanagement Act of 1972 (16 U .S .C. 13 146 5), as amended by thi s Act, related to l~ederal author14 ity for an inter sta te natu r aJ gas pipeline construction 15 project, including constr uction of natural gas stora ge and 16 liquefied natura l gas facilities, shall use as it s exclusive 17 record for all purpo ses the record compiled by t he Federa ] 18 En ergy Regulatory Commission pur suant to the Comnn s19 sion' s proceeding und er sections 3 and 7 of the Natura l 20 Gas Act (15 U .S.C. 717b , 717f) . 21 (b) SENSE 01" C0NGRESS.-It is the sense of Con - 22 gTess that aU F eder al and Sta te agencies virithjuri sdiction 23 over interstat e natural gas pipeline const ruction act ivities 24 should coordinate their proceedings within the timcframes tlato ry Commission 25 estab lished by the F edera l En ergy Reg1- oHR 6 EH AMERICA!\ pVERSIGHT 131 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000169 130 1 when th e Commission is acting und er section s 3 and 7 2 of the Natura l Gas Act (15 U.S.C. 717b , 717f) to deter3 mine whether a certificate of public convenience and ueces4 sity should be issued for a proposed interstat e natural gas 5 pipeline. 6 7 (c) AGENCYOF RECORD, Ol o' l o'SHORE lVlINERA JJ DEVEJ1OPM.BN 'l' PROJEC'l'S.-Any Federal administrative 8 agency proceeding that is an appeal or review und er sec- 9 tion 319 of th e Coastal Zone 1\/Ianagement Act of 1972 10 (16 U.S .C. 1465), as amended by this Act, related to F cd11 cral authority for the permitting, approval, or other au12 thor ization of energy projects, includin g projects to ex13 plore, develop, or produc e mineral resour ces in or und er14 lying th e outer Continental Shelf shall use as it s exclusive 15 record for all p1U'poses (except for the filing of pleading s) 16 the record compiled by the relevant F ederal permittin g 17 agency. 18 SEC. 332. NATURAL GAS MARKET REFORM. 19 20 (a) C LARIFI CA'fIO N OF EXI S'rI NG CFrf C AUTIIORITY .- 21 (1) FAI.JSE REPORTING.-Section 9(a)(2) of the 22 Commodity Exchange Act (7 U.S.C. 13(a)(2) ) is 23 amended by strikin g '(false or misleading or know- 24 ingly ina ccurat e reports" and insertin g ('knowingly oHR 6 EH AMERICA!\ pVERSIGHT 132 CEQ050FY18091 _000000439 CEQ-18-0173-C-000170 130 1 when th e Commission is acting und er section s 3 and 7 2 of the Natura l Gas Act (15 U.S.C. 717b , 717f) to deter3 mine whether a certificate of public convenience and ueces4 sity should be issued for a proposed interstat e natural gas 5 pipeline. 6 7 (c) AGENCYOF RECORD, Ol o' l o'SHORE lVlINERA JJ DEVEJ1OPM.BN 'l' PROJEC'l'S.-Any Federal administrative 8 agency proceeding that is an appeal or review und er sec- 9 tion 319 of th e Coastal Zone 1\/Ianagement Act of 1972 10 (16 U.S .C. 1465), as amended by this Act, related to F cd11 cral authority for the permitting, approval, or other au12 thor ization of energy projects, includin g projects to ex13 plore, develop, or produc e mineral resour ces in or und er14 lying th e outer Continental Shelf shall use as it s exclusive 15 record for all p1U'poses (except for the filing of pleading s) 16 the record compiled by the relevant F ederal permittin g 17 agency. 18 SEC. 332. NATURAL GAS MARKET REFORM. 19 20 (a) C LARIFI CA'fIO N OF EXI S'rI NG CFrf C AUTIIORITY .- 21 (1) FAI.JSE REPORTING.-Section 9(a)(2) of the 22 Commodity Exchange Act (7 U.S.C. 13(a)(2) ) is 23 amended by strikin g '(false or misleading or know- 24 ingly ina ccurat e reports" and insertin g ('knowingly oHR 6 EH AMERICA!\ pVERSIGHT 132 CEQ050FY18091 _000000439 CEQ-18-0173-C-000170 131 1 false or knowingly misleading or knowingly mac- 2 curat e report s" . 3 (2) COMMISSION ADMIN ISTR A.TIVE AND CIVIL 4 AUTIIORITY.-Section 9 of t he Co1mnodity Exchange 5 Act (7 U .S.C. 13) is amended by redcsignating sub- 6 section (f) as subsection (e), and adding: 7 "(f) COMMISSION ADi\1IN ISTRA'rI VE 8 'l'I-IORl'l'Y.-The AND C 1v11) Au - Commission may brin g adm.inistrati ve or 9 civil action s as provided in this Act against any person 10 for a violation of any provision of this section including , 11 but not limit ed to, false reporting und er subsection 12 (a)(2). " . 13 (3) EFF'EC'l' OF' Alv !ENDMEN'l'S.-" l1he amend- 14 rnent s made by para graph s (1) and (2) resta te, with - 15 out substantive change, existin g burd en of proof pro - 16 visions and existin g Comm.ission civil enforcement 17 autho rity, respectively . The se clarifying chan ges do 18 not alte r any existing burden of proof or gra nt any 19 new sta tutor y autho rit y. The provisions of this sec- 20 tion, as restated herein, continu e to apply to any ac- 21 tion pend ing on or commenced aft er the dat e of en- 22 actrnent of thi s Act for any act, omission, or viola- 23 tion occtu-ring b efore, on , or afte r , such date of en- 24 act mcnt. oHR 6 EH AMERICA!\ pVERSIGHT 133 CEQ050FY18091 _000000439 CEQ-18-0173-C-000171 131 1 false or knowingly misleading or knowingly mac- 2 curat e report s" . 3 (2) COMMISSION ADMIN ISTR A.TIVE AND CIVIL 4 AUTIIORITY.-Section 9 of t he Co1mnodity Exchange 5 Act (7 U .S.C. 13) is amended by redcsignating sub- 6 section (f) as subsection (e), and adding: 7 "(f) COMMISSION ADi\1IN ISTRA'rI VE 8 'l'I-IORl'l'Y.-The AND C 1v11) Au - Commission may brin g adm.inistrati ve or 9 civil action s as provided in this Act against any person 10 for a violation of any provision of this section including , 11 but not limit ed to, false reporting und er subsection 12 (a)(2). " . 13 (3) EFF'EC'l' OF' Alv !ENDMEN'l'S.-" l1he amend- 14 rnent s made by para graph s (1) and (2) resta te, with - 15 out substantive change, existin g burd en of proof pro - 16 visions and existin g Comm.ission civil enforcement 17 autho rity, respectively . The se clarifying chan ges do 18 not alte r any existing burden of proof or gra nt any 19 new sta tutor y autho rit y. The provisions of this sec- 20 tion, as restated herein, continu e to apply to any ac- 21 tion pend ing on or commenced aft er the dat e of en- 22 actrnent of thi s Act for any act, omission, or viola- 23 tion occtu-ring b efore, on , or afte r , such date of en- 24 act mcnt. oHR 6 EH AMERICA!\ pVERSIGHT 133 CEQ050FY18091 _000000439 CEQ-18-0173-C-000171 132 1 (b) FR AU D AUTTTORIT Y.-Sect ion 4b of th e Com- 2 modity Exchange Act (7 U.S.C. 6b) is amended( 1) by l'edesigna ting subsections (b) and (c) as 3 4 subsect ions (c) and (d), respectively; and (2) by striking subsection (a) and inserting the 5 6 following: 7 "( a) It sha JJbe un]awful- 8 "( 1) for any person, m or m connection with 9 any order to make ' or th e makin 5o? of' any contra ct 10 of sale of any commodity for :futur e delivery or in 11 int erst ate commerce, that is made, or to be mad e, on 12 or subject to th e rules of a designated contract mar- 13 ket, for or on behalf of any other person; or 14 "(2) for any person, in or in connection with 15 any order to make, or th e makin g of, any contract 16 of sale of any commodity for futur e delivery, or 17 other agTeement , contr act, or tran sact ion subject to 18 section 5a(g) (1) and (2) of t his Act, that is made , 19 or to be made, for or on behalf of, or with, any other 20 person, other than on or suqject to th e rules of a 21 designat ed contra ct market- 22 " (A) to cheat or defraud or att empt to 23 cheat or defraud such ot11erperson; 24 "( B) ?willfully to make or cause to be made 25 to such other person any false report or stat e- oHR 6 EH AMERICA!\ pVERSIGHT 134 CEQ050FY18091 _000000439 CEQ-18-0173-C-000172 132 1 (b) FR AU D AUTTTORIT Y.-Sect ion 4b of th e Com- 2 modity Exchange Act (7 U.S.C. 6b) is amended( 1) by l'edesigna ting subsections (b) and (c) as 3 4 subsect ions (c) and (d), respectively; and (2) by striking subsection (a) and inserting the 5 6 following: 7 "( a) It sha JJbe un]awful- 8 "( 1) for any person, m or m connection with 9 any order to make ' or th e makin 5o? of' any contra ct 10 of sale of any commodity for :futur e delivery or in 11 int erst ate commerce, that is made, or to be mad e, on 12 or subject to th e rules of a designated contract mar- 13 ket, for or on behalf of any other person; or 14 "(2) for any person, in or in connection with 15 any order to make, or th e makin g of, any contract 16 of sale of any commodity for futur e delivery, or 17 other agTeement , contr act, or tran sact ion subject to 18 section 5a(g) (1) and (2) of t his Act, that is made , 19 or to be made, for or on behalf of, or with, any other 20 person, other than on or suqject to th e rules of a 21 designat ed contra ct market- 22 " (A) to cheat or defraud or att empt to 23 cheat or defraud such ot11erperson; 24 "( B) ?willfully to make or cause to be made 25 to such other person any false report or stat e- oHR 6 EH AMERICA!\ pVERSIGHT 134 CEQ050FY18091 _000000439 CEQ-18-0173-C-000172 133 1 ment or ,:\rillfuUy to enter or cause to be ent ered 2 for such other person any false record; 3 "(C) willfully to deceive or attempt to de- 4 ceive su ch other person by any means whatso- 5 ever in r egard to any order or contra ct or the 6 disposition or execution of any order or con- 7 tra ct , or in regar d to any act of agency per - 8 formed, v,rith respect to any order or contra ct 9 for or, in th e case of su bsection (a)(2), with such other person; or 10 11 "(D)(i) to bucket an order if such order is 12 eith er repr esent ed by such perso n as an order 13 to be executed, or requ ir ed to be execut ed, on 14 or subject to th e rul es of a designat ed contra ct 15 market ; or 16 "( ii) to fill an ord er by offset against the 17 order or orders of any other person, or ~Ufu lly 18 and knowingly and ?with out the pr ior consent of 19 such other person to become the buyer in re- 20 spect to any selling order of su ch oth er per son , 21 or become th e seller in respect to any buying 22 order of such other person , if such order is ei- 23 ther repr esent ed by su ch per son as an order to 24 be execut ed, or requir ed to be execut ed , on or oHR 6 EH AMERICA!\ pVERSIGHT 135 CEQ050FY18091 _000000439 CEQ-18-0173-C-000173 133 1 ment or ,:\rillfuUy to enter or cause to be ent ered 2 for such other person any false record; 3 "(C) willfully to deceive or attempt to de- 4 ceive su ch other person by any means whatso- 5 ever in r egard to any order or contra ct or the 6 disposition or execution of any order or con- 7 tra ct , or in regar d to any act of agency per - 8 formed, v,rith respect to any order or contra ct 9 for or, in th e case of su bsection (a)(2), with such other person; or 10 11 "(D)(i) to bucket an order if such order is 12 eith er repr esent ed by such perso n as an order 13 to be executed, or requ ir ed to be execut ed, on 14 or subject to th e rul es of a designat ed contra ct 15 market ; or 16 "( ii) to fill an ord er by offset against the 17 order or orders of any other person, or ~Ufu lly 18 and knowingly and ?with out the pr ior consent of 19 such other person to become the buyer in re- 20 spect to any selling order of su ch oth er per son , 21 or become th e seller in respect to any buying 22 order of such other person , if such order is ei- 23 ther repr esent ed by su ch per son as an order to 24 be execut ed, or requir ed to be execut ed , on or oHR 6 EH AMERICA!\ pVERSIGHT 135 CEQ050FY18091 _000000439 CEQ-18-0173-C-000173 134 1 subj ect to th e ruJes of a designat ed contr act 2 mark et. 3 "(b) Subsection (a)( 2) shall not obligat e any person, 4 in conn ection wit h a tran sact ion in a contract of sale of 5 a commodit y for fut ur e delivery, 01 ? other agr eement, con- 6 tra ct or tran saction subj ect to section 5a(g) (1) and (2) 7 of thi s Act, with anoth er person, to disclose to such other 8 per son nonpub lic information that may be mat erial to th e 9 market pri ce of such commodity or tran saction , except as 10 necessary to mak e any state ment mad e to such oth er per11 son in connection ?with such tr ansaction , not misleading 12 in any mat erial respect. " . (c) J URI8DIC TION 01? THE CFTC .- '"I'he Natural Gas 13 14 Act (15 U.S.C. 717 et seq.) is amended by addin g at the 15 end: 16 "SEC. 26. JURISDICTION. 17 '(Thi s Act sha ll not affect th e exclu sive j uri sdiction 18 of th e Commodit y Futur es Tr ading Commission with re19 spect to account s, agr eement s, contracts, or tr an sactions 20 in commoditi es under th e Commodity Ex change Act (7 21 U.S.C. 1 et seq.). AJ1yrequest for infor matio n by the Com22 mission to a designat ed contr act mark et , registered deriva23 tives tran sact ion execution facility, board of trade, ex24 change, or mark et involving account s, agreements, con25 tracts, or tran saction s in commoditi es (including natura l oHR 6 EH AMERICA!\ pVERSIGHT 136 CEQ050FY18091 _000000439 CEQ-18-0173-C-000174 134 1 subj ect to th e ruJes of a designat ed contr act 2 mark et. 3 "(b) Subsection (a)( 2) shall not obligat e any person, 4 in conn ection wit h a tran sact ion in a contract of sale of 5 a commodit y for fut ur e delivery, 01 ? other agr eement, con- 6 tra ct or tran saction subj ect to section 5a(g) (1) and (2) 7 of thi s Act, with anoth er person, to disclose to such other 8 per son nonpub lic information that may be mat erial to th e 9 market pri ce of such commodity or tran saction , except as 10 necessary to mak e any state ment mad e to such oth er per11 son in connection ?with such tr ansaction , not misleading 12 in any mat erial respect. " . (c) J URI8DIC TION 01? THE CFTC .- '"I'he Natural Gas 13 14 Act (15 U.S.C. 717 et seq.) is amended by addin g at the 15 end: 16 "SEC. 26. JURISDICTION. 17 '(Thi s Act sha ll not affect th e exclu sive j uri sdiction 18 of th e Commodit y Futur es Tr ading Commission with re19 spect to account s, agr eement s, contracts, or tr an sactions 20 in commoditi es under th e Commodity Ex change Act (7 21 U.S.C. 1 et seq.). AJ1yrequest for infor matio n by the Com22 mission to a designat ed contr act mark et , registered deriva23 tives tran sact ion execution facility, board of trade, ex24 change, or mark et involving account s, agreements, con25 tracts, or tran saction s in commoditi es (including natura l oHR 6 EH AMERICA!\ pVERSIGHT 136 CEQ050FY18091 _000000439 CEQ-18-0173-C-000174 135 1 gas, electr icity, and oth er energy comrnochties) within the 2 exclu sive ju risdiction of the Commodity Fut ures rrr ading 3 Commission shall be dir ected to the Commodity F utur es 4 '"l1rading Commission , ?which shall cooper at e in res pondin g 5 to any inform at ion request by the Commi ssion. " . 6 (d) l NCREASBD PENAl/l'IES.-Sec tion 21 of th e Nat - 7 ur a] Gas Act (15 U .S.C. 717 t) is amended(1) in sub section (a)- 8 9 (A) by st rikin g "$5, 000 " and in serting 10 "$ 1,000 ,000 "; and 11 (B ) by st rikin g "two years" and inserting 12 "5 year s"; and 13 (2 ) in subsection (b ), by striking "$5 00 " and 14 inser ting "$5 0,000 ". 15 SEC. 333. NATURAL GAS MARKET TRANSPARENCY. 16 1,he Natu r al Gas Act (15 U .S.C 717 et seq. ) 1s 17 amend ed18 19 (1) by redcsignat ing sect ion 24 as section 25; and 20 21 22 (2) by inser ting afte r section 23 the following: "SEC. 24. NATURAL GAS MARKET TRANSPARENCY. "(a) A.UTIIORIZ ATION .-( 1 ) Not later than l 80 days 23 af ter the date of enactment of the En ergy P olicy Act of 24 200 5, th e F eder al En ergy Regulat ory Commission shall 25 issue rules dir ecting all entities subj ect to th e Conuni s- oHR 6 EH AMERICA!\ pVERSIGHT 137 CEQ050FY18091 _000000439 CEQ-18-0173-C-000175 135 1 gas, electr icity, and oth er energy comrnochties) within the 2 exclu sive ju risdiction of the Commodity Fut ures rrr ading 3 Commission shall be dir ected to the Commodity F utur es 4 '"l1rading Commission , ?which shall cooper at e in res pondin g 5 to any inform at ion request by the Commi ssion. " . 6 (d) l NCREASBD PENAl/l'IES.-Sec tion 21 of th e Nat - 7 ur a] Gas Act (15 U .S.C. 717 t) is amended(1) in sub section (a)- 8 9 (A) by st rikin g "$5, 000 " and in serting 10 "$ 1,000 ,000 "; and 11 (B ) by st rikin g "two years" and inserting 12 "5 year s"; and 13 (2 ) in subsection (b ), by striking "$5 00 " and 14 inser ting "$5 0,000 ". 15 SEC. 333. NATURAL GAS MARKET TRANSPARENCY. 16 1,he Natu r al Gas Act (15 U .S.C 717 et seq. ) 1s 17 amend ed18 19 (1) by redcsignat ing sect ion 24 as section 25; and 20 21 22 (2) by inser ting afte r section 23 the following: "SEC. 24. NATURAL GAS MARKET TRANSPARENCY. "(a) A.UTIIORIZ ATION .-( 1 ) Not later than l 80 days 23 af ter the date of enactment of the En ergy P olicy Act of 24 200 5, th e F eder al En ergy Regulat ory Commission shall 25 issue rules dir ecting all entities subj ect to th e Conuni s- oHR 6 EH AMERICA!\ pVERSIGHT 137 CEQ050FY18091 _000000439 CEQ-18-0173-C-000175 136 1 sion' s juri sdiction as provided und er thi s Act to timely re- 2 port information about the availability and pri ces of nat3 ural gas sold at ?wholesale in int erstat e commerce to the 4 Commission and price publishers . 5 "( 2) The Commission shall evaluat e th e data for ade- 6 quate price tran spar ency and a.cctU"acy . 7 "(3) Ru les issued und er th is subsection requiring the 8 reporting of informat ion to th e Comn1ission that may be- 9 come publicly available shall be limited to aggregate data 10 and tran sact ion-specific data that ai?e othe1-wise required 11 by the Commission to be mad e public. 12 "( 4) In exercising its authority under thi s section, the 13 Commission shall not14 15 "(A) compete with , or displace from th e mark et place, any price publisher ; or 16 "( B ) regulat e price publishers or impose any re- 17 quirernents on the publication of information. 18 "(b) Til\IELY ENFORCEMEN' r.-No person shall be 19 subject to any penalt y und er this section with respect to 20 a violation occt11-ringmore than 3 year s before th e dat e 21 on which th e Federa l En ergy Regulatory Commission 22 seeks to assess a penalt y. 23 "(c) Lil\JlTA'l'IO N ON COl\Ii\iISSION AUTI-IORJ'l'Y.-(1) 24 The Commission shall not condition access to int erstate oHR 6 EH AMERICA!\ pVERSIGHT 138 CEQ050FY18091 _000000439 CEQ-18-0173-C-000176 136 1 sion' s juri sdiction as provided und er thi s Act to timely re- 2 port information about the availability and pri ces of nat3 ural gas sold at ?wholesale in int erstat e commerce to the 4 Commission and price publishers . 5 "( 2) The Commission shall evaluat e th e data for ade- 6 quate price tran spar ency and a.cctU"acy . 7 "(3) Ru les issued und er th is subsection requiring the 8 reporting of informat ion to th e Comn1ission that may be- 9 come publicly available shall be limited to aggregate data 10 and tran sact ion-specific data that ai?e othe1-wise required 11 by the Commission to be mad e public. 12 "( 4) In exercising its authority under thi s section, the 13 Commission shall not14 15 "(A) compete with , or displace from th e mark et place, any price publisher ; or 16 "( B ) regulat e price publishers or impose any re- 17 quirernents on the publication of information. 18 "(b) Til\IELY ENFORCEMEN' r.-No person shall be 19 subject to any penalt y und er this section with respect to 20 a violation occt11-ringmore than 3 year s before th e dat e 21 on which th e Federa l En ergy Regulatory Commission 22 seeks to assess a penalt y. 23 "(c) Lil\JlTA'l'IO N ON COl\Ii\iISSION AUTI-IORJ'l'Y.-(1) 24 The Commission shall not condition access to int erstate oHR 6 EH AMERICA!\ pVERSIGHT 138 CEQ050FY18091 _000000439 CEQ-18-0173-C-000176 137 1 pipeline transportation upon th e reportin g requirement s 2 auth orized und er thi s section. 3 "(2) Natura l gas sales by a producer t hat arc attrib- 4 utablc to volumes of natu ral gas produced by such pro5 cluccr shall not be subject to the rules issued pur suant to 6 th is section. 7 "(3) 'l111eCommission shall not require natur al gas 8 produ cers, processors, or users who have a de mmnms 9 mark et pr esence to parti cipat e in th e r eportin g reqmr e- 10 mcnt s p1?ovidcd in this section." . 11 SEC. 334 . OIL, GAS, AND MINERAL INDUSTRY WORKERS. 12 Congress recognizes that a critical component m 13 meeting expand ed domestic oil and gas supp lies is the 14 availability of adequate numbers of tra ined and slcillecl 15 workers who can undert ake the difficult, complex, and 16 often ha zardou s ta sks to brin g nmv supplies into procluc- 17 tion. Years of volatilit y in oil an,..,-jmum e},._ 't ent pr actica ble und er 10 applicable F ederal la:w, the Secretar y shall coordinat e thi s 11 F ederal aut horization and review process with any Indian 12 Trib es and State and local agencies responsible for con- 13 ducting any separat e permittin g and environmenta l re14 views of th e refining facility. 15 (b) SCIIEDULE.- 16 (I ) IN GENERAL.- rrhe Secreta ry, in coordin a- 17 ti.on with the agencies with authorit y over Federa l 18 autho rization s and , as appr opriate, with Indian 19 T'ribes and Sta te and local agencies that are 'Nilling 20 to coordinat e th eir separat e permitti ng and environ - 21 mental reviews ?wit h th e F ederal authorizat ions and 22 environment al reviews, shall estab lish a schedule 23 with prompt and binding int er mediat e and ultimat e 24 deadlines for th e review of, and Federa l author iza- 25 tion decisions relating to, refinery facility siting and 26 operation . oHR 6 EH AMERICA!\ pVERSIGHT 150 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000188 148 1 SEC. 377. COORDINATION AND EXPEDITIOUS REVIEW OF 2 3 PERMITTING PROCESS. (a) DE PART.MEN'!' OF' E NE RGY AS LEAD AGE NCY .- 4 Upon wTitt en request of a pro spective applicant for F ed5 eral auth orization for a refinery facility in a Refinery Revi6 ta lization Zone, th e Departme nt shall act as th e lead F ed- 7 eral agency for th e purpos es of coordinating all applicable 8 F ederal aut horizations and environment al revievirs of the 9 refinjng fa cility. rr o th e ma:>,..,-jmum e},._ 't ent pr actica ble und er 10 applicable F ederal la:w, the Secretar y shall coordinat e thi s 11 F ederal aut horization and review process with any Indian 12 Trib es and State and local agencies responsible for con- 13 ducting any separat e permittin g and environmenta l re14 views of th e refining facility. 15 (b) SCIIEDULE.- 16 (I ) IN GENERAL.- rrhe Secreta ry, in coordin a- 17 ti.on with the agencies with authorit y over Federa l 18 autho rization s and , as appr opriate, with Indian 19 T'ribes and Sta te and local agencies that are 'Nilling 20 to coordinat e th eir separat e permitti ng and environ - 21 mental reviews ?wit h th e F ederal authorizat ions and 22 environment al reviews, shall estab lish a schedule 23 with prompt and binding int er mediat e and ultimat e 24 deadlines for th e review of, and Federa l author iza- 25 tion decisions relating to, refinery facility siting and 26 operation . oHR 6 EH AMERICA!\ pVERSIGHT 150 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000188 149 1 (2) P 1{gJ\J>PLTCATION PROGESS.-Prior to estab- 2 lishing th e schedule, th e Secretary sha11 provide an 3 expeditious pr eapplication mechani sm for applicant s 4 to confer with th e agencies involved and to have 5 each agency communicat e to th e prospective appli- 6 cant within 60 days concernjn g(A) the likelihood of appr oval for a poten- 7 8 tial refinery facility; and 9 (B) key issues of concern to the agencies 10 and l ocal community. 11 (3) SCIIEDULE.- 'rl1c Secretar y shall consider 12 th e prcapplication findings und er para gTaph (2) in 13 set ting the schedule and sha11 ensur e that once an 14 application has been submitt ed with such informa- 15 tion as th e Secretar y considers necessary, all permjt 16 decisions and related environmental revim,vs und er 17 all apphcable F ederal laws shall be completed within 18 6 month s or , where circumst ances requir e otherwise, 19 as soon as th ereaft er pra cticable. 20 (c) C ONS OLID ATED E t--rV JRO NJ\IE NTAL RE VIE W .- 21 (1) Lb AD AGBNCY.-l n carryin g out it s role as 22 the lead F ederal agency for environmental review, 23 the Departm ent shall coordinat e all applicable F ed- 24 eral action s for complying with th e National Envi- 25 ronmcntal Policy Act of 1969 (42 U .S.C. 4321 ct oHR 6 EH AMERICA!\ pVERSIGHT 151 CEQ050FY18091 _000000439 CEQ-18-0173-C-000189 149 1 (2) P 1{gJ\J>PLTCATION PROGESS.-Prior to estab- 2 lishing th e schedule, th e Secretary sha11 provide an 3 expeditious pr eapplication mechani sm for applicant s 4 to confer with th e agencies involved and to have 5 each agency communicat e to th e prospective appli- 6 cant within 60 days concernjn g- 7 (A) the likelihood of appr oval for a poten- 8 tial refinery facility; and 9 (B) key issues of concern to the agencies 10 and l ocal community. 11 (3) SCIIEDULE.- 'rl1c Secretar y shall consider 12 th e prcapplication findings und er para gTaph (2) in 13 set ting the schedule and sha11 ensur e that once an 14 application has been submitt ed with such informa- 15 tion as th e Secretar y considers necessary, all permjt 16 decisions and related environmental revim,vs und er 17 all apphcable F ederal laws shall be completed within 18 6 month s or , where circumst ances requir e otherwise, 19 as soon as th ereaft er pra cticable. 20 (c) C ONS OLID ATED E t--rV JRO NJ\IE NTAL RE VIE W .- 21 (1) Lb AD AGBNCY.-l n carryin g out it s role as 22 the lead F ederal agency for environmental review, 23 the Departm ent shall coordinat e all applicable F ed- 24 eral action s for complying with th e National Envi- 25 ronmcntal Policy Act of 1969 (42 U .S.C. 4321 ct oHR 6 EH AMERICA!\ pVERSIGHT 151 CEQ050FY18091 _000000439 CEQ-18-0173-C-000189 150 1 seq.) and sha1l be responsible for preparing any envi- 2 ronmentaJ impact stat ement required by section 3 102(2)(C) of that Act (42 U .S.C. 4332(2)(C)) or 4 such other form of environmenta l review as is rc- 5 quir ed. 6 (2) CONSOT1IDATION OF' S'l'N J'E lVIEN'l' S .-ln car - 7 rying out paragraph ( 1), if th e Departm ent deter- 8 mines an environm ental irnpact statem ent is re- 9 quired, th e Departm ent shall prepare a single envi- 10 ronrnental impa ct state ment , which shall consolidat e 11 th e environmental reviews of all F ederal agencies 12 considering any aspect of the proj ect covered by the 13 environmental impact statement. 14 (d) OTH ER AGENCmS.-Each F ederal agency consid- 15 ering an aspect of the si6J1g or operat ion of a refinery 16 facility in a Refinery Rm~talization Zone shall coopera te 17 with the Department and comply v,~th the deadline s est ab18 lished by th e Departm ent in the preparation of any euvi19 ronrnental impact st atem ent or such other form of review 20 as is required. 21 (e) EXCLUS IVI!.: REC0RD.-rrh e Departm ent shall, 22 ,~~th the cooperation of F edera l and State administ rative 23 agencies and officials, maintain a complete consolidated 24 record of all decisions mad e or actions tak en by th e De25 partment or by a F eder al administ rative agency or officer oHR 6 EH AMERICA!\ pVERSIGHT 152 CEQ050FY18091 _000000439 CEQ-18-0173-C-000190 150 1 seq.) and sha1l be responsible for preparing any envi- 2 ronmentaJ impact stat ement required by section 3 102(2)(C) of that Act (42 U .S.C. 4332(2)(C)) or 4 such other form of environmenta l review as is rc- 5 quir ed. 6 (2) CONSOT1IDATION OF' S'l'N J'E lVIEN'l' S .-ln car - 7 rying out paragraph ( 1), if th e Departm ent deter- 8 mines an environm ental irnpact statem ent is re- 9 quired, th e Departm ent shall prepare a single envi- 10 ronrnental impa ct state ment , which shall consolidat e 11 th e environmental reviews of all F ederal agencies 12 considering any aspect of the proj ect covered by the 13 environmental impact statement. 14 (d) OTH ER AGENCmS.-Each F ederal agency consid- 15 ering an aspect of the si6J1g or operat ion of a refinery 16 facility in a Refinery Rm~talization Zone shall coopera te 17 with the Department and comply v,~th the deadline s est ab18 lished by th e Departm ent in the preparation of any euvi19 ronrnental impact st atem ent or such other form of review 20 as is required. 21 (e) EXCLUS IVI!.: REC0RD.-rrh e Departm ent shall, 22 ,~~th the cooperation of F edera l and State administ rative 23 agencies and officials, maintain a complete consolidated 24 record of all decisions mad e or actions tak en by th e De25 partment or by a F eder al administ rative agency or officer oHR 6 EH AMERICA!\ pVERSIGHT 152 CEQ050FY18091 _000000439 CEQ-18-0173-C-000190 151 1 (or State admini strat ive agency or officer acting und er 2 delegat ed F ederal authorit y) with respect to th e sitin g or 3 operation of a refinery facility in a Refinery Revitali zation 4 Zone. Such record shall be th e exclusive record for any 5 F ederal administrative pro ceeding that is an appea l or r e6 view of a.nv such decision made or action tak en . oI 7 (f) A1>PEAIJS.-ln th e event any agency ha s denied 8 a F ederal authori zation requir ed for a refinery facility in 9 a Refin ery Revitalization Zone, or ha s failed to act by a 10 deadline establish ed by the Sec1?etar y pur suant to sub11 section (b) for deciding whether to issue th e F ederal au- 12 thorization, th e app licant or any State in which th e refin13 ery facility would be located may file an app eal with th e 14 Secretary. Ba sed on th e record mainta ined und er sub- 15 section (e), and in consult ation v.rith the affecte d agency, 16 th e Secretary rnay th en eith er issue the necessary F eder al 17 authorization v,rith appropriate condition s, or deny th e ap18 pea l. The Secretary shall issue a decision within 60 days 19 aft er t he filing of th e app eal. In makin g a decision und er 20 thi s subsection, the Secr etary shall comply wit h app licab le 21 requir ement s of F edera l law, includin g each of th e laws 22 referr ed to in section 376(2)(A) throu gh (H.). Any judicial 23 app eal of the Secretary's decision shall be to the Unit ed 24 States Court of Appeals for the Distri ct of Columbia. oHR 6 EH AMERICA!\ pVERSIGHT 153 CEQ050FY18091 _000000439 CEQ-18-0173-C-000191 151 1 (or State admini strat ive agency or officer acting und er 2 delegat ed F ederal authorit y) with respect to th e sitin g or 3 operation of a refinery facility in a Refinery Revitali zation 4 Zone. Such record shall be th e exclusive record for any 5 F ederal administrative pro ceeding that is an appea l or r e6 view of a.nv such decision made or action tak en . oI 7 (f) A1>PEAIJS.-ln th e event any agency ha s denied 8 a F ederal authori zation requir ed for a refinery facility in 9 a Refin ery Revitalization Zone, or ha s failed to act by a 10 deadline establish ed by the Sec1?etar y pur suant to sub11 section (b) for deciding whether to issue th e F ederal au- 12 thorization, th e app licant or any State in which th e refin13 ery facility would be located may file an app eal with th e 14 Secretary. Ba sed on th e record mainta ined und er sub- 15 section (e), and in consult ation v.rith the affecte d agency, 16 th e Secretary rnay th en eith er issue the necessary F eder al 17 authorization v,rith appropriate condition s, or deny th e ap18 pea l. The Secretary shall issue a decision within 60 days 19 aft er t he filing of th e app eal. In makin g a decision und er 20 thi s subsection, the Secr etary shall comply wit h app licab le 21 requir ement s of F edera l law, includin g each of th e laws 22 r eferr ed to in section 376(2)(A) throu gh (H.). Any judicial 23 app eal of the Secretary's decision shall be to the Unit ed 24 States Court of Appeals for the Distri ct of Columbia. oHR 6 EH AMERICA!\ pVERSIGHT 153 CEQ050FY18091 _000000439 CEQ-18-0173-C-000191 152 1 (g) CONJi> QJ{MINGREGULNI'IONS.-No t later th an 6 2 months after the date of ena ctment of this Act, the Sec3 retary shall issue any regulati ons necessary to implement 4 this subtitl e. 5 SEC. 378. COMPLIANCE WITH ALL ENVIRONMENTAL REGU- 6 7 LATIONS REQUffiED. Nothing in this subtitl e shall be constru ed to waive 8 th e applicability of environm enta l laws and r eguJations to 9 any refinery facility . 10 SEC. 379. DEFINITIONS. 11 For th e purposes of thi s subtitl e, the ter m- 12 13 (1) "Administrator " means th e Admini strator of the Environmental Prot ection Agency; 14 15 (2) "Departm ent " means the Departm ent of En ergy; 16 (3) "Fe deral auth orizat ion" means any author - 17 ization required unde r Fede ral Jaw (including th e 18 Clean Air Act, the F ederal , i\Tater P ollut ion Control 19 Act, the Safe Drinking vVater Act, the Comprehen- 20 s1ve Environn1enta l Response, Compensat ion, and 21 Liability Act of 1980, the Solid ,i\TasteDisposal Act, 22 the rroJ\ic Substa nces Contro l Act, the Nat ional Ili s- 23 toric Preservation Act, and the National Environ - 24 mental Policy Act of 1969) in order to site, con- 25 str uct, upgrade, or operate a refu1ery facility within oHR 6 EH AMERICA!\ pVERSIGHT 154 CEQ050 FY18091_000000439 CEQ-18-0173-C-000192 152 1 (g) CONJi> QJ{MINGREGULNI'IONS.-No t later th an 6 2 months after the date of ena ctment of this Act, the Sec3 retary shall issue any regulati ons necessary to implement 4 this subtitl e. 5 SEC. 378. COMPLIANCE WITH ALL ENVIRONMENTAL REGU- 6 7 LATIONS REQUffiED. Nothing in this subtitl e shall be constru ed to waive 8 th e applicability of environm enta l laws and r eguJations to 9 any refinery facility . 10 SEC. 379. DEFINITIONS. 11 For th e purposes of thi s subtitl e, the ter m- 12 13 (1) "Administrator " means th e Admini strator of the Environmental Prot ection Agency; 14 15 (2) "Departm ent " means the Departm ent of En ergy; 16 (3) "Fe deral auth orizat ion" means any author - 17 ization required unde r Fede ral Jaw (including th e 18 Clean Air Act, the F ederal , i\Tater P ollut ion Control 19 Act, the Safe Drinking vVater Act, the Comprehen- 20 s1ve Environn1enta l Response, Compensat ion, and 21 Liability Act of 1980, the Solid ,i\TasteDisposal Act, 22 the rroJ\ic Substa nces Contro l Act, the Nat ional Ili s- 23 toric Preservation Act, and the National Environ - 24 mental Policy Act of 1969) in order to site, con- 25 str uct, upgrade, or operate a refu1ery facility within oHR 6 EH AMERICA!\ pVERSIGHT 154 CEQ050 FY18091_000000439 CEQ-18-0173-C-000192 153 1 a Refinery Revitalization Zone, including such per- 2 mits, special u se authorizations, certifi cations, opin- 3 ions, or other approvals as may be re quired, ?wheth er 4 issued by a F ederal , St ate, or local agency; 5 (4) "idle refinery" means any r eal prop erty site 6 that has been used at any tim e for a r efo1ery facility 7 since December 31, 1979 , th at has not been in oper- 8 ation after April 1, 200 5; 9 (5) "refinery fa cility" mean s any facility de- 10 signed and oper ated to receive, unload, store, pr oc- 11 ess and refine 1?aw crud e oil by any chemical or 12 physical pr ocess, includin g distillation , f1uid cat alyt ic 13 cracking, 14 eth erification , polymerization, catalyti c r eformin g, 15 isomerization, hydr otr eat ing, blending, and any com- 16 bination th ereof; coking, alkylati on, (6) "Revit alization Pr ogram Qualifying State" 17 18 hydrocraclcing, means a Stat e or Indi an Tribe that - 19 (A) ha s entered int o th e memorandum of 20 und erstandin g pur suant t o secti on 375(b); and 21 (B) ha s established a refining infr astru c- 22 tur e coordin ation office th at th e Secret ary finds 23 ?will facilita te F eder al-St ate cooper ation for the 24 purp oses of thi s subtitl e; and 25 (7) "Secretary" means th e Secr etar y of En ergy. oHR 6 EH AMERICA!\ pVERSIGHT 155 CEQ050FY18091 _000000439 CEQ-18-0173-C-000193 153 1 a Refinery Revitalization Zone, including such per- 2 mits, special u se authorizations, certifi cations, opin- 3 ions, or other approvals as may be re quired, ?wheth er 4 issued by a F ederal , St ate, or local agency; 5 (4) "idle refinery" means any r eal prop erty site 6 that has been used at any tim e for a r efo1ery facility 7 since December 31, 1979 , th at has not been in oper- 8 ation after April 1, 200 5; 9 (5) "refinery fa cility" mean s any facility de- 10 signed and oper ated to receive, unload, store, pr oc- 11 ess and refine 1?aw crud e oil by any chemical or 12 physical pr ocess, includin g distillation , f1uid cat alyt ic 13 cracking, 14 eth erification , polymerization, catalyti c r eformin g, 15 isomerization, hydr otr eat ing, blending, and any com- 16 bination th ereof; 17 18 hydrocraclcing, coking, alkylati on, (6) "Revit alization Pr ogram Qualifying State" means a Stat e or Indi an Tribe that - 19 (A) ha s entered int o th e memorandum of 20 und erstandin g pur suant t o secti on 375(b); and 21 (B) ha s established a refining infr astru c- 22 tur e coordin ation office th at th e Secret ary finds 23 ?will facilita te F eder al-St ate cooper ation for the 24 purp oses of thi s subtitl e; and 25 (7) "Secretary" means th e Secr etar y of En ergy. oHR 6 EH AMERICA!\ pVERSIGHT 155 CEQ050FY18091 _000000439 CEQ-18-0173-C-000193 154 1 2 3 TITLE IV-COAL Subtitle A-Clean Coal Power Initiative 4 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 5 (a) Cl , EAN CO AL Pov\T: ER l NI'l'fJ\'l'IVE.-' I1bere ar e au- 6 thor ized to be appropriat ed to th e Secretar y of En ergy (re- 7 fcrr cd to in thi s tit le as the "S ecretar y") to carry out the 8 activitie s authoriz ed by thi s subtitl e $200 ,000 ,000 for 9 each of fiscal years 2006 through 2014, to remain avail10 ab]e until CA']) Cnded. 11 (b) REPORT.-Th e Secretary shaJ] sub111itto Con- 12 gress th e r eport requir ed by thi s subsection not lat er than 13 March 31, 2007 . Th e report shall include, with r espect 14 to subsection (a), a 10-ycar plan containin g15 (1) a detailed assessment of wheth er th e aggre- 16 gat e fundin g levels provided und er subsection (a) arc 17 th e appropriat e funding levels for that program ; 18 (2) a detailed description of how pr oposals will 19 be solicit ed and evaluat ed, including a list of an ac- 20 ti,~ties eA'])ected to be und ertak en; 21 (3) a detailed b st of technical milestones for 22 each coal and relat ed tecl1J1ology that will be pur- 23 sued; and 24 (4) a detailed descripti on of how th e program 25 will avoid problems enumerat ed in General Account oHR 6 EH AMERICA!\ pVERSIGHT 156 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000194 154 1 2 3 TITLE IV-COAL Subtitle A-Clean Coal Power Initiative 4 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 5 (a) Cl , EAN CO AL Pov\T: ER l NI'l'fJ\'l'IVE.-' I1bere ar e au- 6 thor ized to be appropriat ed to th e Secretar y of En ergy (re- 7 fcrr cd to in thi s tit le as the "S ecretar y") to carry out the 8 activitie s authoriz ed by thi s subtitl e $200 ,000 ,000 for 9 each of fiscal years 2006 through 2014, to remain avail10 ab]e until CA']) Cnded. 11 (b) REPORT.-Th e Secretary shaJ] sub111itto Con- 12 gress th e r eport requir ed by thi s subsection not lat er than 13 March 31, 2007 . Th e report shall include, with r espect 14 to subsection (a), a 10-ycar plan containin g15 (1) a detailed assessment of wheth er th e aggre- 16 gat e fundin g levels provided und er subsection (a) arc 17 th e appropriat e funding levels for that program ; 18 (2) a detailed description of how pr oposals will 19 be solicit ed and evaluat ed, including a list of an ac- 20 ti,~ties eA'])ected to be und ertak en; 21 (3) a detailed b st of technical milestones for 22 each coal and relat ed tecl1J1ology that will be pur- 23 sued; and 24 (4) a detailed descripti on of how th e program 25 will avoid problems enumerat ed in General Account oHR 6 EH AMERICA!\ pVERSIGHT 156 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000194 155 1 mg Office r eport s on th e Clean Coal rrechnolog_y 2 Pro gram, including pr oblems that have result ed in 3 un spent fund s and pr oj ects that failed either finau - 4 cially or scientifi cally. 5 6 SEC. 402. PROJECT CRITERIA (a) IN GE NEl{AL.-1 1 he Secretary shall not provide 7 fundin g und er this subtitl e for any proj ect tha t does not 8 advance efficiency, environmental performan ce, and cost 9 competiti veness well beyond th e level of t echnologies that 10 ar e in commercial service or have been demonstrat ed on 11 a scale that th e Secretary determin es is sufficient to dcm12 onstrat e th at commcrciaJ service is viable as of th e dat e 13 of ena ctment of thi s Act. 14 15 (b) TE CHNICAL C RIT ERIA l<'OR, C lJE L\N C OAL POWER lNI 'l'IA'l'IVE .- 16 (] ) G ASIF'ICA'l'IO N PROJ EC'r S.- 17 (A) IN GEN ERAI1.-l:n aJlocatin g th e fund s 18 mad e available under section 401(a) , th e Sec- 19 retar y shall ensur e that at least 60 percent of 20 th e fund s ar c used only for pr oj ect s on coal- 21 ba sed gasificati on technologies, including gasifi- 22 cation combined cycle, gasification fuel cells, 23 gasification coproduction, and hybrid gasifi- 24 catio11/combustion. oHR 6 EH AMERICA!\ pVERSIGHT 157 CEQ050FY18091 _000000439 CEQ-18-0173-C-000195 155 1 mg Office r eport s on th e Clean Coal rrechnolog_y 2 Pro gram, including pr oblems that have result ed in 3 un spent fund s and pr oj ects that failed either finau - 4 cially or scientifi cally. 5 6 SEC. 402. PROJECT CRITERIA (a) IN GE NEl{AL.-1 1 he Secretary shall not provide 7 fundin g und er this subtitl e for any proj ect tha t does not 8 advance efficiency, environmental performan ce, and cost 9 competiti veness well beyond th e level of t echnologies that 10 ar e in commercial service or have been demonstrat ed on 11 a scale that th e Secretary determin es is sufficient to dcm12 onstrat e th at commcrciaJ service is viable as of th e dat e 13 of ena ctment of thi s Act. 14 15 (b) TE CHNICAL C RIT ERIA l<'OR, C lJE L\N C OAL POWER lNI 'l'IA'l'IVE .- 16 (] ) GASIF'ICA'l'IO N PROJ EC'r S.- 17 (A) IN GEN ERAI1.-l:n aJlocatin g th e fund s 18 mad e available under section 401(a) , th e Sec- 19 retar y shall ensur e that at least 60 percent of 20 th e fund s ar c u sed only for pr oj ect s on coal- 21 ba sed gasificati on technologies, including gasifi- 22 cation combined cycle, gasification fuel cells, 23 gasification coproduction, and hybrid gasifi- 24 catio11/combustion. oHR 6 EH AMERICA!\ pVERSIGHT 157 CEQ050FY18091 _000000439 CEQ-18-0173-C-000195 156 (B) 1 rrrncHN 1C.i\I, i\ITL,E}S'l'ONES.-Th e Sec- 2 retary shall p eriodically set teclmicaJ milestones 3 specif~ying the emission and thermal efficiency 4 levels that coal gasification projects und e1? thi s 5 subtitle shall be designed, and reasonably ex- 6 pected, to achjeve. rl'he t echnical miJestones 7 shall become more restri ctive during th e life of 8 th e program. The Secretary shaJl set th e peri- 9 odic milestones so as to achieve by 2020 coal gasificat ion projects ablc- 10 (i) to remove 99 percent of sulfur di- 11 oxide; 12 (ii) to emit not more than .05 lbs of 13 NOx per million Btu; 14 (iii) to achieve substantial reduction s 15 in mercury emissions; and 16 17 (jv) to achieve a thermal efficiency of- 18 (I) 60 percent for coal of more 19 20 than 9,000 Btu ; (II) 59 percent for coal of 7,000 21 22 to 9,000 Btu ; and 23 (III ) 50 percent for coal of less than 7,000 Btn. 24 oHR 6 EH AMERICA!\ pVERSIGHT 158 CEQ050FY18091 _000000439 CEQ-18-0173-C-000196 156 (B) 1 rrrncHN 1C.i\I, i\ITL,E}S'l'ONES.-Th e Sec- 2 retary shall periodically set teclmicaJ milestones 3 specif~ying the emission and thermal efficiency 4 levels that coal gasification projects und e1? thi s 5 subtitle shall be designed, and reasonably ex- 6 pected, to achjeve. rl'he t echnical miJestones 7 shall become more restri ctive during th e life of 8 th e program. The Secretary shaJl set th e peri- 9 odic milestones so as to achieve by 2020 coal gasificat ion projects ablc- 10 (i) to remove 99 percent of sulfur di- 11 oxide; 12 (ii) to emit not more than .05 lbs of 13 NOx per million Btu; 14 (iii) to achieve substantial reduction s 15 in mercury emissions; and 16 17 (jv) to achieve a thermal efficiency of- 18 (I) 60 percent for coal of more 19 20 than 9,000 Btu ; (II) 59 percent for coal of 7,000 21 22 to 9,000 Btu ; and 23 (III ) 50 percent for coal of less than 7,000 Btn. 24 oHR 6 EH AMERICA!\ pVERSIGHT 158 CEQ050FY18091 _000000439 CEQ-18-0173-C-000196 157 1 (2) O?n-rnrn. PRO.JECTS.-rrh e Secretar y shall pe- 2 riodically set technical milestones and ensur e that up 3 to 40 percent of th e funds appropriat ed pur suant to 4 secti on 401(a) arc used for projects not described in 5 para graph 6 emjssion and th ermal efficiency levels that proj ects 7 fund ed und er thi s para graph shall be designed to 8 and reasonably e:iq)ect ed to achieve. The technicaJ 9 milestones shall become more restrictive during th e 10 life of th e program. rrhe Secreta1y shall set the peri- 11 odic milestones so as to achieve by 2010 prqj ects 12 able- (1). The milestones shall specify the 13 (A) to remove 97 percent of sulfur dioxide; 14 (B) to emit no more than .08 lbs of NOx 15 per milJion Btu ; 16 (C) to achieve substantial 17 reduction s 111 mcrcm?y emissions; and (D) to achieve a thermal efficiency of- 18 (i) 45 percent for coal of mor e than 19 20 9,000 Btu ; (ii) 44 percent for coal of 7,000 to 21 22 9,000 Btu ; and (iii) 40 percent for coal of less than 23 24 7,000 Btu . oHR 6 EH AMERICA!\ pVERSIGHT 159 CEQ050FY18091 _000000439 CEQ-18-0173-C-000197 157 1 (2) O?n-rnrn. PRO.JECTS.-rrh e Secretar y shall pe- 2 riodically set technical milestones and ensur e that up 3 to 40 percent of th e funds appropriat ed pur suant to 4 secti on 401(a) arc used for projects not described in 5 para graph 6 emjssion and th ermal efficiency levels that proj ects 7 fund ed und er thi s para graph shall be designed to 8 and reasonably e:iq)ect ed to achieve. The technicaJ 9 milestones shall become more restrictive during th e 10 life of th e program. rrhe Secreta1y shall set the peri- 11 odic milestones so as to achieve by 2010 prqj ects 12 able- (1). The milestones shall specify the 13 (A) to remove 97 percent of sulfur dioxide; 14 (B) to emit no more than .08 lbs of NOx 15 per milJion Btu ; 16 (C) to achieve substantial 17 reduction s 111 mcrcm?y emissions; and (D) to achieve a thermal efficiency of- 18 (i) 45 percent for coal of mor e than 19 20 9,000 Btu ; (ii) 44 percent for coal of 7,000 to 21 22 9,000 Btu ; and (iii) 40 percent for coal of less than 23 24 7,000 Btu . oHR 6 EH AMERICA!\ pVERSIGHT 159 CEQ050FY18091 _000000439 CEQ-18-0173-C-000197 158 1 (3) C0NSUJ./I'Nl'I0N.-Befo re settin g th e tech- 2 nical milestones und er para graph s (l)(B) and (2), 3 the Secretary shall consult with the Administrator of 4 the En vironmental Prot ection Agency and int ere sted 5 entiti es, including coal produc ers, indu str ies using 6 coal, organizations to promot e coal or advanced coal 7 technologies, environmental organizat ions, and orga - 8 nization s representin g workers. 9 (4) EXISTING UNITS.-In th e case of prQjects 10 at unit s in existence on the dat e of enactm ent of th is 11 Act, in lieu of the therma l efficiency requir ement s 12 set forth in paragraph 13 mileston es shall be designed to achieve an overall 14 thermal design efficiency improvement , compar ed to 15 th e efficiency of the unit as operated, of not less 16 than- 17 (l)(B)(iv) and (2)(D), the (A) 7 percent for coal of more than 9,000 Btu? 18 ' (B) 6 pe1?cent for coal of 7,000 to 9,000 19 20 Btu ? or ' (C) 4 percent for coal of less than 7,000 21 22 Btu. 23 (5) PERl\ilT'l'ED USBS.-In carrymg out thi s 24 subtitl e, the Secretary may fund projects that in- 25 clude, as part of the prQject, the sepa ration and cap- oHR 6 EH AMERICA!\ pVERSIGHT 160 CEQ050FY18091 _000000439 CEQ-18-0173-C-000198 158 1 (3) C0NSUJ./I'Nl'I0N.-Befo re settin g th e tech- 2 nical milestones und er para graph s (l)(B) and (2), 3 the Secretary shall consult with the Administrator of 4 the En vironmental Prot ection Agency and int ere sted 5 entiti es, including coal produc ers, indu str ies using 6 coal, organizations to promot e coal or advanced coal 7 technologies, environmental organizat ions, and orga - 8 nization s representin g workers. 9 (4) EXISTING UNITS.-In th e case of prQjects 10 at unit s in existence on the dat e of enactm ent of th is 11 Act, in lieu of the therma l efficiency requir ement s 12 set forth in paragraph 13 mileston es shall be designed to achieve an overall 14 thermal design efficiency improvement , compar ed to 15 th e efficiency of the unit as operated, of not less 16 than- 17 (l)(B)(iv) and (2)(D), the (A) 7 percent for coal of more than 9,000 Btu? 18 ' (B) 6 pe1?cent for coal of 7,000 to 9,000 19 20 Btu ? or ' (C) 4 percent for coal of less than 7,000 21 22 Btu. 23 (5) PERl\ilT'l'ED USBS.-In carrymg out thi s 24 subtitl e, the Secretary may fund projects that in- 25 clude, as part of the prQject, the sepa ration and cap- oHR 6 EH AMERICA!\ pVERSIGHT 160 CEQ050FY18091 _000000439 CEQ-18-0173-C-000198 159 1 ture of carbon dioxide. Th e th erm al efficiency goals 2 of paragraphs 3 proje cts that separate and capture at least 50 per- 4 cent of th e facilit y's pot ential emissions of carbon di- 5 oxide. 6 (c) FI NANCI1\L CHlTBRIA.-T he Secretary shall not (1), (2), and (4) shall not apply for 7 provide a fundin g award und er this subtitl e unJess the r e8 cipient docum ents to th e sati sfaction of th e Secretary 9 that(1) th e award recipient 10 11 1s finan cially viable without the r eceipt of additional F eder al funding; 12 (2) the r ecipient ,.1,rill prmride sufficient informa- 13 tion to the Secretary to enable the Secretar y to en- 14 sur e that the award fund s are spent efficient ly and 15 effectively; and 16 (3) a mark et exists for th e technolo gy being 17 demonstrat ed or applied , as eviden ced by stat ement s 18 of int erest in writing from pot ential pur cha sers of 19 th e teclu1olog:y. 20 (d) FINAl'\T CIAL AsSISTAl'\TCE.-Th e Secreta ry shall 21 prmride finan ciaJ assistance to projects that meet the r e22 quir ement s of sub section s (a), (b), and (c) and are likely 23 to(1) achieve overall cost reduction s in th e utili za- 24 25 tion of coal to genera te useful forms of energy ; oHR 6 EH AMERICA!\ pVERSIGHT 161 CEQ050FY18091 _000000439 CEQ-18-0173-C-000199 159 1 ture of carbon dioxide. Th e th erm al efficiency goals 2 of paragraphs 3 proje cts that separate and capture at least 50 per- 4 cent of th e facilit y's pot ential emissions of carbon di- 5 oxide. 6 (c) FI NANCI1\L CHlTBRIA.-T he Secretary shall not (1), (2), and (4) shall not apply for 7 provide a fundin g award und er this subtitl e unJess the r e8 cipient docum ents to th e sati sfaction of th e Secretary 9 that(1) th e award recipient 10 11 1s finan cially viable without the r eceipt of additional F eder al funding; 12 (2) the r ecipient ,.1,rill prmride sufficient informa- 13 tion to the Secretary to enable the Secretar y to en- 14 sur e that the award fund s are spent efficient ly and 15 effectively; and 16 (3) a mark et exists for th e technolo gy being 17 demonstrat ed or applied , as eviden ced by stat ement s 18 of int erest in writing from pot ential pur cha sers of 19 th e teclu1olog:y. 20 (d) FINAl'\T CIAL AsSISTAl'\TCE.-Th e Secreta ry shall 21 prmride finan ciaJ assistance to projects that meet the r e22 quir ement s of sub section s (a), (b), and (c) and are likely 23 to(1) achieve overall cost reduction s in th e utili za- 24 25 tion of coal to genera te useful forms of energy ; oHR 6 EH AMERICA!\ pVERSIGHT 161 CEQ050FY18091 _000000439 CEQ-18-0173-C-000199 160 1 (2) improve th e competitiveness of coal among 2 various forms of energy in order to rnainta in a diver - 3 sity of fuel choices in the United States to meet clec- 4 tr icity generation requir ement s; and 5 (3) demonstrat e methods and equipment that 6 are applicable to 25 percent of the electricity gener- 7 ating facilities, u sing various types of coal, that u se 8 coal as the primary feedstock as of the dat e of en- 9 actment of t his Act . 10 (e) FEDERALSruu~E.- rrh c F ederal share of the cost 11 of a coal 01? relat ed technology project fund ed by the Sec- 12 retar y und er thi s subtit le sha 11not exceed 50 percent. 13 (f) APPLJCABIIJI'l'Y.-No technology, or level of emis- 14 sion reduction, shall be tr eat ed as adequat ely dem15 onstratecl for ptrrposes of section 111 of th e Clean Air Act 16 (42 U.S.C. 7411), achievable for purposes of section J 69 17 of that Act (42 U.S.C. 7479) , or achievable in pra ctice 18 for purposes of section 171 of that Act (42 U .S.C. 7501) 19 solely by reason of th e u se of such technology, or the 20 achievement of such emission reduction, by 1 or more fa21 cilities receiving assistance under this subtit le. 22 SEC. 40 3. REPORT . 23 Not lat er than 1 year after th e date of enactm ent 24 of this Act , and once every 2 years thereafter through 25 2014, the Secretary, in consulta tion ?wit h other appro- oHR 6 EH AMERICA!\ pVERSIGHT 162 CEQ050 FY18091_000000439 CEQ-18-0173-C-000200 160 1 (2) improve th e competitiveness of coal among 2 various forms of energy in order to rnainta in a diver - 3 sity of fuel choices in the United States to meet clec- 4 tr icity generation requir ement s; and 5 (3) demonstrat e methods and equipment that 6 are applicable to 25 percent of the electricity gener- 7 ating facilities, using various types of coal, that u se 8 coal as the primary feedstock as of the dat e of en- 9 actment of t his Act . 10 (e) FEDERALSruu~E.- rrh c F ederal share of the cost 11 of a coal 01? relat ed technology project fund ed by the Sec- 12 retar y und er thi s subtit le sha 11not exceed 50 percent. 13 (f) APPLJCABIIJI'l'Y.-No technology, or level of emis- 14 sion reduction, shall be tr eat ed as adequat ely dem15 onstratecl for ptrrposes of section 111 of th e Clean Air Act 16 (42 U.S.C. 7411), achievable for purposes of section J 69 17 of that Act (42 U.S.C. 7479) , or achievable in pra ctice 18 for purposes of section 171 of that Act (42 U .S.C. 7501) 19 solely by reason of th e u se of such technology, or the 20 achievement of such emission reduction, by 1 or more fa21 cilities receiving assistance under this subtit le. 22 SEC. 40 3. REPORT . 23 Not lat er than 1 year after th e date of enactm ent 24 of this Act , and once every 2 years thereafter through 25 2014, the Secretary, in consulta tion ?wit h other appro- oHR 6 EH AMERICA!\ pVERSIGHT 162 CEQ050 FY18091_000000439 CEQ-18-0173-C-000200 161 1 priate F ederal agencies, sha ll submit to Congress a report 2 describin g3 (1) th e technical milestones set forth in section 4 402 and how those milestones ensure progr ess to- 5 ward 6 (b)(l)(B) and (b)(2) of section 402; and 7 8 9 10 meeting the requir ement s of subsections (2) th e statu s of prQjects funded und er this subtitl e. SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE. As part of the program authoriz ed in section 401 , 11 the Secretar y shall award competitive, merit-bas ed grants 12 to universities for th e establishme nt of Cent ers of Excel13 Jenee for En ergy Systems of th e Futur e. rrh e Secretary 14 shall prmride grants to tmiversities t hat show th e gTeatest 15 potential for advancing new clean coal teclmologies. 16 17 18 Subtitle B-Clean Power Projects SEC. 411. COAL TECHNOLOGY LOAN. There arc authoriz ed to b e appropr iated to the Sec- 19 1?eta ry $125,000 ,000 to p1?ovidc a loan to the mvner of the 20 C2\.1)er imenta l plant constru cted und er Unit ed Stat es De21 partm cnt of En ergy cooperativ e agTeement number DE- 22 FC -22-9 1P C90544 on such ter ms and condition s as th e 23 Secretary determines, including int erest rates and upfront 24 payments . oHR 6 EH AMERICA!\ pVERSIGHT 163 CEQ050 FY18091_000000439 CEQ-18-0173-C-000201 161 1 priate F ederal agencies, sha ll submit to Congress a report 2 describin g3 (1) th e technical milestones set forth in section 4 402 and how those milestones ensure progr ess to- 5 ward 6 (b)(l)(B) and (b)(2) of section 402; and 7 8 9 10 meeting the requir ement s of subsections (2) th e statu s of prQjects funded und er this subtitl e. SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE. As part of the program authoriz ed in section 401 , 11 the Secretar y shall award competitive, merit-bas ed grants 12 to universities for th e establishme nt of Cent ers of Excel13 Jenee for En ergy Systems of th e Futur e. rrh e Secretary 14 shall prmride grants to tmiversities t hat show th e gTeatest 15 potential for advancing new clean coal teclmologies. 16 17 18 Subtitle B-Clean Power Projects SEC. 411. COAL TECHNOLOGY LOAN. There arc authoriz ed to b e appropr iated to the Sec- 19 1?eta ry $125,000 ,000 to p1?ovidc a loan to the mvner of the imenta l plant constru cted und er Unit ed Stat es De20 C2\.1)er 21 partm cnt of En ergy cooperativ e agTeement number DE- 22 FC -22-9 1P C90544 on such ter ms and condition s as th e 23 Secretary determines, including int erest rates and upfront 24 payments . oHR 6 EH AMERICA!\ pVERSIGHT 163 CEQ050 FY18091_000000439 CEQ-18-0173-C-000201 162 1 2 SEC. 412. COAL GASIFICATION . The Secretary is authori zed to prO\~.de loan guaran - 3 tees for a proj ect to produ ce energy fro m a plant using 4 inte gTated gasification combined cycle technology of at 5 least 400 megawatt s in capacity that produ ces power at 6 competitive ra tes in dcrcg,ulatcd energy generation mar7 kct s and that docs not r eceive any subsidy (direct or indi8 rect) from rat epayers. 9 10 SEC . 414. PETROLEUM COKE GASIF ICATION. 'fh e Secretary is authori zed to provide loan guaran- 11 tees for at least 5 petroleum coke g'asification proj ects. 12 13 SEC . 416. ELECTRON SCRUBBING DEMONSTRATION . The Secretar y shall use $5,000,000 from amount s 14 appropriat ed to initiat e, throu gh th e Chicago Operation s 15 Office, a proj ect to demonstrat e th e viability of high-cn- 16 crgy electron scrubbing technology on commercial-scale 17 electri cal generati on using high-sulfur coal. 1s 19 20 21 Subtitle D-Coal and Related Programs SEC. 44 1. CLEAN AIR COAL PROGRAM. (a) AMENDMENT.- '"fh c En ergy Policy Act of 1992 22 is amended by adding th e following new tit le at th e end 23 th ereof: oHR 6 EH AMERICA!\ pVERSIGHT 164 CEQ050FY18091_000000439 CEQ-18-0173-C-000202 162 1 2 SEC. 412. COAL GASIFICATION . The Secretary is authori zed to prO\~.de loan guaran - 3 tees for a proj ect to produ ce energy fro m a plant using 4 inte gTated gasification combined cycle technology of at 5 least 400 megawatt s in capacity that produ ces power at 6 competitive ra tes in dcrcg,ulatcd energy generation mar7 kct s and that docs not r eceive any subsidy (direct or indi8 rect) from rat epayers. 9 10 SEC . 414. PETROLEUM COKE GASIF ICATION. 'fh e Secretary is authori zed to provide loan guaran- 11 tees for at least 5 petroleum coke g'asification proj ects. 12 13 SEC . 416. ELECTRON SCRUBBING DEMONSTRATION . The Secretar y shall use $5,000,000 from amount s 14 appropriat ed to initiat e, throu gh th e Chicago Operation s 15 Office, a proj ect to demonstrat e th e viability of high-cn- 16 crgy electron scrubbing technology on commercial-scale 17 electri cal generati on using high-sulfur coal. 1s 19 20 21 Subtitle D-Coal and Related Programs SEC. 44 1. CLEAN AIR COAL PROGRAM. (a) AMENDMENT.- '"fh c En ergy Policy Act of 1992 22 is amended by adding th e following new tit le at th e end 23 th ereof: oHR 6 EH AMERICA!\ pVERSIGHT 164 CEQ050FY18091_000000439 CEQ-18-0173-C-000202 163 1 "TITLE XXXI-CLEAN AIR COAL PROGRAM 2 3 "SEC. 3101. FINDINGS ; PURPOSES; DEFINITIONS. 4 "( a) F INDINU-S .-Th e Congress finds that- 5 "( 1) new environmental regulation s present ad - 6 clitional challenges for coal-fired e]ectricaJ generation 7 in the private mark etplace; and 8 "(2) t he Departme nt of En ergy , in cooperation 9 with indust ry, ha s already fully developed and com- 10 rnercializcd several n ew clean-coal teclmologfos that 11 "~11allm,v the clean use of coal. 12 "(b) PUI{POSIDS.-Thc purpo ses of this titl e are to- 13 "(1) promote nationaJ energy policy and euergy 14 securit y, diversity, and economic competitiv eness 15 benefits that result from the increased use of coal; 16 "(2) mitigat e financia l risks, 1?educe the cost, 17 and increase the mark etplace accepta nce of the new 18 clean coal technologies; and 19 "(3) advance the deployment of pollution con- 20 trol equipment to meet the curr ent and future obli- 21 gations 22 under the Clean 1\.ir Act (42 U.S.C . 7402 and foJ- 23 lowing). of coal-fired generation units regulated oHR 6 EH AMERICA!\ pVERSIGHT 165 CEQ050FY18 091_000000439 CEQ-18-0173-C-000203 163 1 "TITLE XXXI-CLEAN AIR COAL PROGRAM 2 3 "SEC. 3101. FINDINGS ; PURPOSES; DEFINITIONS. 4 "( a) F INDINU-S .-Th e Congress finds that- 5 "( 1) new environmental regulation s present ad - 6 clitional challenges for coal-fired e]ectricaJ generation 7 in the private mark etplace; and 8 "(2) t he Departme nt of En ergy , in cooperation 9 with indust ry, ha s already fully developed and com- 10 rnercializcd several n ew clean-coal teclmologfos that 11 "~11allm,v the clean use of coal. 12 "(b) PUI{POSIDS.-Thc purpo ses of this titl e are to- 13 "(1) promote nationaJ energy policy and euergy 14 securit y, diversity, and economic competitiv eness 15 benefits that result from the increased use of coal; 16 "(2) mitigat e financia l risks, 1?educe the cost, 17 and increase the mark etplace accepta nce of the new 18 clean coal technologies; and 19 "(3) advance the deployment of pollution con- 20 trol equipment to meet the curr ent and future obli- 21 gations 22 under the Clean 1\.ir Act (42 U.S.C . 7402 and foJ- 23 lowing). of coal-fired generation units regulated oHR 6 EH AMERICA!\ pVERSIGHT 165 CEQ050FY18 091_000000439 CEQ-18-0173-C-000203 164 1 "SEC. 3102. AUTHORIZATION OF PROGRAM. 2 '' Th e Secreta ry sh all carr y out a pro gr am to facilitat e 3 production and generation of coal-ba sed pnwer and th e in4 sta Jlatio n of pollution contr ol equipm ent. 5 6 "SEC. 3103. AUTHORIZATION OF APPROPRIATIONS . "( a) POLL UTIO N C ONTROL 7 authoriz ed to be PRO,JE CTS .- appr opriat ed to the 1 1 here arc Secretary 8 $300,000 ,000 for fiscal year 2006 , $100,000 ,000 for fis9 cal year 2007 , $40,000 ,000 for fiscal year 200 8, 10 $30,000 ,000 for fiscal year 2009, and $30,000 ,000 for fisnded, for car11 cal year 2010 , to r emain available until e},,,_1,e 12 rying out th e program for pollution control pr ojects, which 13 may includc"( 1) pollution contro l equipm ent and pr ocesses 14 15 for th e control of mer cury air emissions; 16 "(2) pollut ion contro l equipm ent and pr ocesses 17 for th e control of nitr ogen dioxide air em1ss10ns or 18 sulfur dioxide emissions; 19 "(3) poUution control equipm ent and pr ocesses 20 for th e mitigation or collection of mor e than one pol- 21 lutant ; 22 " (4) advanced combustion technology for the 23 control of at least two pollutant s, includin g mer cur y, 24 par ticulat e matter, nitro gen oxides, and sulfur diox- 25 iclc, which may also be designed to irnprove th e en- 26 ergy efficiency of th e unit ; and oHR 6 EH AMERICA!\ pVERSIGHT 166 CEQ050 FY18091_000000439 CEQ-18-0173-C-000204 164 1 "SEC. 3102. AUTHORIZATION OF PROGRAM. 2 '' Th e Secreta ry sh all carr y out a pro gr am to facilitat e 3 production and generation of coal-ba sed pnwer and th e in4 sta Jlatio n of pollution contr ol equipm ent. 5 6 "SEC. 3103. AUTHORIZATION OF APPROPRIATIONS . "( a) POLL UTIO N C ONTROL 7 authoriz ed to be PRO,JE CTS .- appr opriat ed to the 1 1 here arc Secretary 8 $300,000 ,000 for fiscal year 2006 , $100,000 ,000 for fis9 cal year 2007 , $40,000 ,000 for fiscal year 200 8, 10 $30,000 ,000 for fiscal year 2009, and $30,000 ,000 for fisnded, for car11 cal year 2010 , to r emain available until e},,,_1,e 12 rying out th e program for pollution contr ol pr ojects, which 13 may includc"( 1) pollution contro l equipm ent and pr ocesses 14 15 for th e control of mer cury air emissions; 16 "(2) pollut ion contro l equipm ent and pr ocesses 17 for th e control of nitr ogen dioxide air em1ss10ns or 18 sulfur dioxide emissions; 19 "(3) poUution control equipm ent and pr ocesses 20 for th e mitigation or collection of mor e than one pol- 21 lutant ; 22 " (4) advanced combustion technology for the 23 control of at least two pollutant s, includin g mer cur y, 24 par ticulat e matter, nitro gen oxides, and sulfur diox- 25 iclc, which may also be designed to irnprove th e en- 26 ergy efficiency of th e unit ; and oHR 6 EH AMERICA!\ pVERSIGHT 166 CEQ050 FY18091_000000439 CEQ-18-0173-C-000204 165 1 " (5) advanced pollution control equipment and 2 pro cesses desig11ed to allow use of th e waste byprod- 3 ucts or other bypr oducts of th e equipment or an 4 electri cal generation unit designed to allow the u se 5 of byprodu ct s. 6 Fund s appropriated und er thj s subsection which ar e not 7 awarded before fiscal year 2012 may be applied to prQjects 8 und er sub section (b), in addition to amount s authori zed 9 under subsection (b). 10 "( b) GENERATIO N Pn.O.JEO'l'S.- Th ere are authori zed 11 to be appr opriat ed to th e Secretary $2 50,000 ,000 for fis- 12 cal year 2007 , $350,000,000 for fiscal year 200 8, 13 $400 ,000 ,000 for fiscal year 2009 , $400 ,000 ,000 for fis14 cal year 2010 , $400,000,000 for fiscaJ year 2011 , 15 $400 ,000 ,000 for fiscal year 2012 , and $300 ,000 ,000 for 16 fiscal year 2013, to remain available until mq)ended, for 17 generation prQjcct s and air pollution control prqj ect s. 18 Such projects may include19 " (1) coal-based electri cal genera tion equipment 20 and processes, including gasificat ion combii1ed cycle 21 or other coal-based generation equipment and pro c- 22 esses; 23 " (2) ass ociat ed environmental control eqmp- 24 ment , that will be cost -effective and that is designed 25 to meet anti cipated regulat ory requir ement s; oHR 6 EH AMERICA!\ pVERSIGHT 167 CEQ050FY18091 _000000439 CEQ-18-0173-C-000205 165 1 " (5) advanced pollution control equipment and 2 pro cesses desig11ed to allow use of th e waste byprod- 3 ucts or other bypr oducts of th e equipment or an 4 electri cal generation unit designed to allow the u se 5 of byprodu ct s. 6 Fund s appropriated und er thj s subsection which ar e not 7 awarded before fiscal year 2012 may be applied to prQjects 8 und er sub section (b), in addition to amount s authori zed 9 under subsection (b). 10 "( b) GENERATIO N Pn.O.JEO'l'S.- Th ere are authori zed 11 to be appr opriat ed to th e Secretary $2 50,000 ,000 for fis- 12 cal year 2007 , $350,000,000 for fiscal year 200 8, 13 $400 ,000 ,000 for fiscal year 2009 , $400 ,000 ,000 for fis14 cal year 2010 , $400,000,000 for fiscaJ year 2011 , 15 $400 ,000 ,000 for fiscal year 2012 , and $300 ,000 ,000 for 16 fiscal year 2013, to remain available until mq)ended, for 17 generation prQjcct s and air pollution control prqj ect s. 18 Such projects may include19 " (1) coal-based electri cal genera tion equipment 20 and processes, including gasificat ion combii1ed cycle 21 or other coal-based generation equipment and pro c- 22 esses; 23 " (2) ass ociat ed environmental control eqmp- 24 ment , that will be cost -effective and that is designed 25 to meet anti cipated regulat ory requir ement s; oHR 6 EH AMERICA!\ pVERSIGHT 167 CEQ050FY18091 _000000439 CEQ-18-0173-C-000205 166 1 "(3) coal-ba sed electri cal generation eqwpm ent 2 and processes, incluchn g gasification fuel cells, gas - 3 ification coproduction, and hybrid gasificatiou/com- 4 bu stion proj ects; and 5 (' (4) advanced coal-based electri cal generat ion 6 equipment and processes, including oxidation com- 7 bu stion teclnuqu es, ultra- supercriti cal boilers, and 8 chemical looping, v,rhich th e Secretary det ermin es 9 will be cost-effective and could sub stant ially con- 10 tr ibute to meeting anticipated environmenta l or en- 11 ergy needs . 12 (\c) L IMJ'l'A'l'I0N.-F m 1ds placed at risk durin g any 13 fiscaJ year for Federal loan s or loan guarant ees pur suant 14 to thi s titl e may not exceed 30 percent of th e total fund s 15 obligated und er tJus title. 16 "SEC. 3104. AIR POLLUTION CONTROL PROJEC T CRITERIA. 17 wrhe Secretary shall pur suant to authorizations con- 18 tain ed in section 3103 pr ovide nmding for air pollution 19 control prqjects designed to facilitat e compliance with 20 F ederal and State environm enta l regulati ons, including 21 any regul ation th at may be establ ished ,"'1th respect to 22 n1ercury. 23 "SEC. 3105. CRITERIA FOR GENERATION PROJE CTS. 24 ('(a) CRI'l'ERIA.- The Secretar y shall esta blish cri - 25 teria on which selection of individual prqject s described in oHR 6 EH AMERICA!\ pVERSIGHT 168 CEQ050 FY18091_000000439 CEQ-18-0173-C-000206 166 1 "(3) coal-ba sed electri cal generation eqwpm ent 2 and processes, incluchn g gasification fuel cells, gas - 3 ification coproduction, and hybrid gasificatiou/com- 4 bu stion proj ects; and 5 (' (4) advanced coal-based electri cal generat ion 6 equipment and processes, including oxidation com- 7 bu stion teclnuqu es, ultra- supercriti cal boilers, and 8 chemical looping, v,rhich th e Secretary det ermin es 9 will be cost-effective and could sub stant ially con- 10 tr ibute to meeting anticipated environmenta l or en- 11 ergy needs . 12 (\c) L IMJ'l'A'l'I0N.-F m 1ds placed at risk durin g any 13 fiscaJ year for Federal loan s or loan guarant ees pur suant 14 to thi s titl e may not exceed 30 percent of th e total fund s 15 obligated und er tJus title. 16 "SEC. 3104. AIR POLLUTION CONTROL PROJEC T CRITERIA. 17 wrhe Secretary shall pur suant to authorizations con- 18 tain ed in section 3103 pr ovide nmding for air pollution 19 control prqjects designed to facilitat e compliance with 20 F ederal and State environm enta l regulati ons, including 21 any regul ation th at may be establ ished ,"'1th respect to 22 n1ercury. 23 "SEC. 3105. CRITERIA FOR GENERATION PROJE CTS. 24 ('(a) CRI'l'ERIA.- The Secretar y shall esta blish cri- 25 teria on which selection of individual prqject s described in oHR 6 EH AMERICA!\ pVERSIGHT 168 CEQ050 FY18091_000000439 CEQ-18-0173-C-000206 167 1 section 3103(b) should be based. Th e Secretary nrny rnod- 2 ify th e criteria as appropriate to reflect improvement s in 3 equipment, except that the criteria shall not be modified 4 to be less string ent . 'rh cse selection criteria shall include- s ('(l ) pr ioritization of proj ects whose insta llation 6 is likely to rest1lt in significant air quality improve- 7 ment s in nonattainm ent air quality areas; 8 "(2) prioritization of proj ects that result in the 9 repowcring or replacement of older, less efficient 10 unit s; 11 " (3) document ed broad interest in th e pr ocur e- 12 ment of th e equipment and utili zat ion of th e pro c- 13 esses used in the proj ects by electrical generator 14 owners or operato rs; 15 " (4) equipment and processes beginning in 16 2006 throu gh 2011 that ar e projected to achieve an 17 thermal efficiency of- 18 "(A) 40 percent for coal of more than 19 9,000 Btu per pound based on higher heating 20 values; 21 ('(B) 38 percent for coal of 7,000 to 9,000 22 Btu per pound based on higher heating values; 23 and 24 "(C) 36 percent for coal of less than 7,000 25 Btu per pound based on higher heating values, oHR 6 EH AMERICA!\ pVERSIGHT 169 CEQ050FY18091 _000000439 CEQ-18-0173-C-000207 167 1 section 3103(b) should be based. Th e Secretary nrny rnod- 2 ify th e criteria as appropriate to reflect improvement s in 3 equipment, except that the criteria shall not be modified 4 to be less string ent . 'rh cse selection criteria shall include- s ('(l ) pr ioritization of proj ects whose insta llation 6 is likely to rest1lt in significant air quality improve- 7 ment s in nonattainm ent air quality areas; 8 "(2) prioritization of proj ects that result in the 9 repowcring or replacement of older, less efficient 10 unit s; 11 " (3) document ed broad interest in th e pr ocur e- 12 ment of th e equipment and utili zat ion of th e pro c- 13 esses used in the proj ects by electrical generator 14 owners or operato rs; 15 " (4) equipment and processes beginning in 16 2006 throu gh 2011 that ar e projected to achieve an 17 thermal efficiency of- 18 "(A) 40 percent for coal of more than 19 9,000 Btu per pound based on higher heating 20 values; 21 ('(B) 38 percent for coal of 7,000 to 9,000 22 Btu per pound based on higher heating values; 23 and 24 "(C) 36 percent for coal of less than 7,000 25 Btu per pound based on higher heating values, oHR 6 EH AMERICA!\ pVERSIGHT 169 CEQ050FY18091 _000000439 CEQ-18-0173-C-000207 168 1 except tha t energy u sed for coproducti on or cogen- 2 erati on shalJ not be count ed in calcu]atin g th e ther- 3 mal efficiency m1dcr thi s para graph ; and 4 " (5) equipment and pro cesses beginning 1n 5 2012 and 201 3 that ar c projected to achieve an 6 th ermal efficiency of- 7 "(A) 45 percent for coal of more than 8 9,000 Bt u per pound ba sed on higher heating 9 values; 10 " (B) 44 percent for coal of 7,000 to 9,000 11 Btu per pound based on higher heating values; 12 and 13 " (C) 40 percent for coal of less than 7,000 14 Btu per poun d based on higher heating values, 15 except that energy u sed for coproduction or cogen- 16 eratio n shall not be count ed in calculatin g t he th er- 17 mal efficiency w1der th is paragraph. 18 "(b) S E LE C'l'ION.- (1) In selecting th e proj ect s, up 19 t o 25 percent of th e pr oj ect s selected may be eith er co- 20 pr oduction or cogcncrat ion or oth er gasification pr oj ect s, 21 but at least 25 percent of th e proj ects shall be for the 22 sole purp ose of electri cal generation , and priority should 23 be given to equipment and projects less th an or equal to 24 600 l\livV to foster and prom ote stand ard designs. oHR 6 EH AMERICA!\ pVERSIGHT 170 CEQ050FY18091_000000439 CEQ-18-0173-C-000208 168 1 except tha t energy u sed for coproducti on or cogen- 2 erati on shalJ not be count ed in calcu]atin g th e ther- 3 mal efficiency m1dcr thi s para graph ; and 4 " (5) equipment and pro cesses beginning 1n 5 2012 and 201 3 that ar c projected to achieve an 6 th ermal efficiency of- 7 "(A) 45 percent for coal of more than 8 9,000 Bt u per pound ba sed on higher heating 9 values; 10 " (B) 44 percent for coal of 7,000 to 9,000 11 Btu per pound based on higher heating values; 12 and 13 " (C) 40 percent for coal of less than 7,000 14 Btu per poun d based on higher heating values, 15 except that energy u sed for coproduction or cogen- 16 eratio n shall not be count ed in calculatin g t he th er- 17 mal efficiency w1der th is paragraph. 18 "(b) S E LE C'l'ION.- (1) In selecting th e proj ect s, up 19 t o 25 percent of th e pr oj ect s selected may be eith er co- 20 pr oduction or cogcncrat ion or oth er gasification pr oj ect s, 21 but at least 25 percent of th e proj ects shall be for the 22 sole purp ose of electri cal generation , and priority should 23 be given to equipment and projects less th an or equal to 24 600 l\livV to foster and prom ote stand ard designs. oHR 6 EH AMERICA!\ pVERSIGHT 170 CEQ050FY18091_000000439 CEQ-18-0173-C-000208 169 1 "(2) ,.rhe Secretary shall give priority to project s that 2 have been developed and demonstrat ed th at are not yet 3 cost competitive, and for coal energy generation projects 4 that advan ce efficiency, environmenta l performance , or 5 cost competitiveness significant ly beyond the level of pollu- 6 tion control equipment that is in operation on a fuJJ scale. 7 8 "SEC. 3106 . FINANCIAL CRITERIA. "( a) lN GE NERAJ,.-'"fh e Secretary shall only provide 9 finan cial assistan ce to proj ect s that meet th e requirement s 10 of sections 3103 and 3104 and ar c likely t o"( 1) achieve overa ll cost reductions in th e uti li- ll 12 zation of coal to generate u seful for ms of energy; 13 and 14 "(2) improve the competiti veness of coal in 15 order to maintain a diversity of domestic fuel choices 16 in the United States to meet electri city generat ion 17 requir en:icnt s. 18 "(b) C0NDI1'ION8.- 'rl 1c Secretary shall not provide 19 a fundi ng m,vard und er th is tit le un]css- 20 "( 1) the award recipient is finan cially viable 21 without th e receipt of additional F edera l fundin g; 22 and 23 "(2) the recipient provides sufficient informa - 24 tion to th e Secretary for th e Secretary to cnsnrc oHR 6 EH AMERICA!\ pVERSIGHT 171 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000209 169 1 "(2) ,.rhe Secretary shall give priority to project s that 2 have been developed and demonstrat ed th at are not yet 3 cost competitive, and for coal energy generation projects 4 that advan ce efficiency, environmenta l performance , or 5 cost competitiveness significant ly beyond the level of pollu- 6 tion control equipment that is in operation on a fuJJ scale. 7 8 "SEC. 3106 . FINANCIAL CRITERIA. "( a) lN GE NERAJ,.-'"fh e Secretary shall only provide 9 finan cial assistan ce to proj ect s that meet th e requirement s 10 of sections 3103 and 3104 and ar c likely t o"( 1) achieve overa ll cost reductions in th e uti li- ll 12 zation of coal to generate u seful for ms of energy; 13 and 14 "(2) improve the competiti veness of coal in 15 order to maintain a diversity of domestic fuel choices 16 in the United States to meet electri city generat ion 17 requir en:icnt s. 18 "(b) C0NDI1'ION8.- 'rl 1c Secretary shall not provide 19 a fundi ng m,vard und er th is tit le un]css- 20 "( 1) the award recipient is finan cially viable 21 without th e receipt of additional F edera l fundin g; 22 and 23 "(2) the recipient provides sufficient informa - 24 tion to th e Secretary for th e Secretary to cnsnrc oHR 6 EH AMERICA!\ pVERSIGHT 171 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000209 170 1 that th e award ftmds are spent efficie11tly and effec- 2 tively. 3 "(c) EQUAL ACCESS.- The Secretary shall , to the ex- 4 tent practical, utilize cooperative agr eement , loan guar5 ant ee, and direct F ederal loan mechani sms designed to en6 sure that all electrical generation owners have equal access 7 to these technology deploynient incentives. rrhe Secretary 8 shall develop and direct a con1petitive solicitation process 9 for the selection of t echnologies and prqj ects und er thi s 10 titl e. 11 "SEC. 3107. FED ERAL SHARE. 12 ' 1 The F ederal shar e of th e cost of a coal or related 13 technology proj ect fund ed by th e Secretary und er this title 14 shal l not exceed 50 percent. For purpo ses of th is tit le, 15 F ederal funcling includ es only appropr iated fund s. 16 "SEC. 3108. APPLI CABILITY. 17 "No teclmoJogy, or level of emission reduction, shall 18 be tr eat ed as adequate ly den.1onstrat ed for purposes of sec19 tion 111 of th e Clean Air Act (42 U.S .C. 7411), achievable 20 for purpo ses of section 169 of th e Clean Air Act (42 21 U.S.C. 7479), or achievable in practi ce for purp oses of 22 section 171 of the Clean Air Act (42 U.S.C . 7501) solely 23 by reason of the use of such technology, or th e achieve24 ment of such emission reduction , by one or more facilities 25 receiving assistan ce und er this title." . oHR 6 EH AMERICA!\ pVERSIGHT 172 CEQ050 FY18091_000000439 CEQ-18-0173-C-000210 170 1 that th e award ftmds are spent efficie11tly and effec- 2 tively. 3 "(c) EQUAL ACCESS.- The Secretary shall , to the ex- 4 tent practical, utilize cooperative agr eement , loan guar5 ant ee, and direct F ederal loan mechani sms designed to en6 sure that all electrical generation owners have equal access 7 to these technology deploynient incentives. rrhe Secretary 8 shall develop and direct a con1petitive solicitation process 9 for the selection of t echnologies and prqj ects und er thi s 10 titl e. 11 "SEC. 3107. FED ERAL SHARE. 12 ' 1 The F ederal shar e of th e cost of a coal or related 13 technology proj ect fund ed by th e Secretary und er this title 14 shal l not exceed 50 percent. For purpo ses of th is tit le, 15 F ederal funcling includ es only appropr iated fund s. 16 "SEC. 3108. APPLI CABILITY. 17 "No teclmoJogy, or level of emission reduction, shall 18 be tr eat ed as adequate ly den.1onstrat ed for purposes of sec19 tion 111 of th e Clean Air Act (42 U.S .C. 7411), achievable 20 for purpo ses of section 169 of th e Clean Air Act (42 21 U.S.C. 7479), or achievable in practi ce for purp oses of 22 section 171 of the Clean Air Act (42 U.S.C . 7501) solely 23 by reason of the use of such technology, or th e achieve24 ment of such emission reduction , by one or more facilities 25 receiving assistan ce und er this title." . oHR 6 EH AMERICA!\ pVERSIGHT 172 CEQ050 FY18091_000000439 CEQ-18-0173-C-000210 171 1 (b) rrABLE OF CONTENTS AMl~NDMBNT.-T'h e tabl e 2 of content s of the En ergy Policy Act of 1992 is amended 3 by adding at th e end the follm:ving: "'l'T'l'L E :X)OG- CLE A~ Arn COAL PROGRAl\l "Sec. 3101. P im li11gs; pmpos cs; definiti ons. "Sec:. 3102 . Aut horization of progn un . "Sec. 310 3. Au thol'izati on of app1?op1fatio11s. "Sec. :3104 . Air pollnt io11control pr Qjcct t'l'itcria. "Sec. 310 5. Cri tcl'ia fo1?gcncl'at io11prqjcds. '?See. 810 (i. l"im111 ciaJ criteria . "Se c:. :U(l7. lo'cdentl shar e. "Sec. 3 108. Ap plicabi lit) o." . 4 5 6 TITLE V-INDIAN ENERGY SEC. 501. SHORT TITLE. This titl e may be cited as th e "In dian rrribal En ergy 7 Development and Self-Determination Act of 200 5'' . 8 SEC. 502 . OFFICE OF INDIAN ENERGY POLICY AND PRO- 9 10 GRAMS. (a) IN GENERAL.- Titl c II of th e Departm ent of En- 11 crgy Organization Act (42 U.S. C. 7131 ct seq.) is amcnd12 eel by adding at th e end th e follov,ring: 13 "OFFI CE OF IND IAN ENER GY POLI CY AND PROGRAMS 14 " SE C. 217. 15 '\ a) ESTABLISHlV IltNT.-1 1 here 1s estab lished within 16 th e Departm ent an Office of Indian En ergy Pohcy and 17 Program s (referr ed to in thi s section as the 'Office'). The 18 Office shall be headed by a Dir ccto1?, who shall be ap19 pointed by th e Sccreta1-y and compensat ed at a rat e equal oHR 6 EH AMERICA!\ pVERSIGHT 173 CEQ050FY18 091_000000439 CEQ-18-0173-C-000211 171 1 (b) rrABLE OF CONTENTS AMl~NDMBNT.-T'h e tabl e 2 of content s of the En ergy Policy Act of 1992 is amended 3 by adding at th e end the follm:ving: "'l'T'l'L E :X)OG- CLE A~ Arn COAL PROGRAl\l "Sec. 3101. P im li11gs; pmpos cs; definiti ons. "Sec:. 3102 . Aut horization of progn un . "Sec. 310 3. Au thol'izati on of app1?op1fatio11s. "Sec. :3104 . Air pollnt io11control pr Qjcct t'l'itcria. "Sec. 310 5. Cri tcl'ia fo1?gcncl'at io11prqjcds. '?See. 810 (i. l"im111 ciaJ criteria . "Se c:. :U(l7. lo'cdentl shar e. "Sec. 3 108. Ap plicabi lit) o." . 4 5 6 TITLE V-INDIAN ENERGY SEC. 501. SHORT TITLE. This titl e may be cited as th e "In dian rrribal En ergy 7 Development and Self-Determination Act of 200 5'' . 8 SEC. 502 . OFFICE OF INDIAN ENERGY POLICY AND PRO- 9 10 GRAMS. (a) IN GENERAL.- Titl c II of th e Departm ent of En- 11 crgy Organization Act (42 U.S. C. 7131 ct seq.) is amcnd12 eel by adding at th e end th e follov,ring: 13 "OFFI CE OF IND IAN ENER GY POLI CY AND PROGRAMS 14 " SE C. 217. 15 '\ a) ESTABLISHlV IltNT.-1 1 here 1s estab lished within 16 th e Departm ent an Office of Indian En ergy Pohcy and 17 Program s (referr ed to in thi s section as the 'Office'). The 18 Office shall be headed by a Dir ccto1?, who shall be ap19 pointed by th e Sccreta1-y and compensat ed at a rat e equal oHR 6 EH AMERICA!\ pVERSIGHT 173 CEQ050FY18 091_000000439 CEQ-18-0173-C-000211 172 1 to that of level IV of th e Executive Schedule und er section 2 53 15 of titl e 5, Unit ed Sta tes Code. 3 "(b) DU'l'IES OF DIRECTOR- The Dir ector , in ac- 4 cordanc e with F ederal policies promoting Indian sclf-de5 termin ation and th e purposes of this Act, shall provide, 6 direct, foster , coordin ate, and implement energy pJam1in g, 7 education , manag ement, conservation, and delivery pro 8 gTams of th e Depart ment that"(1) promot e Indian tribal energy development , 9 10 efficiency, and use; 11 " (2) reduce or sta bilize energy cost s; 12 " (3) enhance and str ength en Indian tr ibal en- 13 ergy and economic infrastru ctur e relafo1g to natural 14 resource development and electrifi cation; and 15 "( 4) bring electrical power and service to In- 16 clian Janel and the homes of tr ibal members located 17 on Indi an land s or acquired, constr ucted , or im- 18 proved (in whoJe or in pa rt) with F edera l fund s." . 19 (b) C ON FORMI NG M IE ND lYIE NT S.- 20 (1) The tab le of cont ent s of th e Departm ent of 21 En ergy Organizat ion Act (42 U .S.C. prec. 7101) is 22 amended- 23 (A) in the item relatin g to section 209, by 24 strik ing "Sect ion" and inserting "Sec ."; and oHR 6 EH AMERICA!\ pVERSIGHT 174 CEQ050FY18091_000000439 CEQ-18-0173-C-000212 172 1 to that of level IV of th e Executive Schedule und er section 2 53 15 of titl e 5, Unit ed Sta tes Code. 3 "(b) DU'l'IES OF DIRECTOR- The Dir ector , in ac- 4 cordanc e with F ederal policies promoting Indian sclf-de5 termin ation and th e purposes of this Act, shall provide, 6 direct, foster , coordin ate, and implement energy pJam1in g, 7 education , manag ement, conservation, and delivery pro 8 gTams of th e Depart ment that"(1) promot e Indian tribal energy development , 9 10 efficiency, and use; 11 " (2) reduce or sta bilize energy cost s; 12 " (3) enhance and str ength en Indian tr ibal en- 13 ergy and economic infrastru ctur e relafo1g to natural 14 resource development and electrifi cation; and 15 "( 4) bring electrical power and service to In- 16 clian Janel and the homes of tr ibal members located 17 on Indi an land s or acquired, constr ucted , or im- 18 proved (in whoJe or in pa rt) with F edera l fund s." . 19 (b) C ON FORMI NG M IE ND lYIE NT S.- 20 (1) The tab le of cont ent s of th e Departm ent of 21 En ergy Organizat ion Act (42 U .S.C. prec. 7101) is 22 amended- 23 (A) in the item relatin g to section 209, by 24 strik ing "Sect ion" and inserting "Sec ."; and oHR 6 EH AMERICA!\ pVERSIGHT 174 CEQ050FY18091_000000439 CEQ-18-0173-C-000212 173 1 (B) by str iking th e it ems relating to sec- 2 tions 213 through 216 and insertin g the fo]- 3 lo,ving: "Sec . 213. Establishment of' polic.,? for Xat io11al '.\;uclca r Security Aclmi11istrntiOJ1. "Sec . 214. Establishment of sccu rit:,,, con11te ri11tclligencc. and i11tellig-c11 ce policies. "Sec . 215. Office of' Cou11tc1 ?i11t clligc11cc. "Sec . 216. Office of' In tellige11ce. "Sec . 2 17. Of'fice of' fndian En erg_YP olicy and P rograms ." . 4 (2) Section 5315 of tit le 5, United States Code, 5 is amended by inserting after the item related to the 6 In spect01? Genern.l, Depait ment of En ergy the fol- 7 lowing new item: "Dir ector , Office of Indian Energy Policy and 8 9 Programs, Departme nt of Energy. '' . 10 SEC. 503. INDIAN ENERGY. 11 (a) IN GENERAI J.-'rit le XXVI of th e Energy Policy 12 Act of 1992 (25 U.S.C . 350 1 et seq.) is amended to read 13 as follows: 14 1s "TITLE XXVI-INDIAN ENERGY RESOURCES 16 "SEC. 2601. DEFINITIONS. 17 "For purpos es of th.is title: 18 "( 1) rrh e term 'Dir ector ' means the Director of 19 the Office of In dian En ergy Policy and Prog rams , 20 Departm ent of Energy . "(2) Th e term 'Indi an land' means- 21 oHR 6 EH AMERICA!\ pVERSIGHT 175 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000213 173 1 (B) by str iking th e it ems relating to sec- 2 tions 213 through 216 and insertin g the fo]- 3 lo,ving: "Sec . 213. Establishment of' polic.,? for Xat io11al '.\;uclca r Security Aclmi11istrntiOJ1. "Sec . 214. Establishment of sccu rit:,,, con11te ri11tclligencc. a nd i11tellig-c11 ce policies. "Sec . 215. Office of' Cou11tc1 ?i11t clligc11cc. "Sec . 216. Office of' In tellige11ce. "Sec . 2 17. Of'fice of' fndian En erg_YP olicy and P rograms ." . 4 (2) Section 5315 of tit le 5, United States Code, 5 is amended by inserting after the item related to the 6 In spect01? Genern.l, Depait ment of En ergy the fol- 7 lowing new item: "Dir ector , Office of Indian Energy Policy and 8 9 Programs, Departme nt of Energy. '' . 10 SEC. 503. INDIAN ENERGY. 11 (a) IN GENERAI J.-'rit le XXVI of th e Energy Policy 12 Act of 1992 (25 U.S.C . 350 1 et seq.) is amended to read 13 as follows: 14 1s "TITLE XXVI-INDIAN ENERGY RESOURCES 16 "SEC. 2601. DEFINITIONS. 17 "For purpos es of th.is title: 18 "( 1) rrh e term 'Dir ector ' means the Director of 19 the Office of In dian En ergy Policy and Prog rams , 20 Departm ent of Energy . "(2) Th e term 'Indi an land' means- 21 oHR 6 EH AMERICA!\ pVERSIGHT 175 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000213 174 1 "(A ) any land located within th e bound- 2 aries of an Indian 3 ranch eria ; and 4 " (B) reservation, pu eblo, or any land not locat ed vvithin th e 5 boundari es of an Indian r eservation , pu eblo, or 6 rancheria , th e title to which is held- 7 "( i) in tru st by the Unit ed Stat es for 8 the benefit of an Indian trib e or an indi- 9 vidual Indian; 10 "( ii) by an Indian t ribe or an indi - 11 vidual Indian , subject t o restri ction against 12 alienation und er laws of th e Unit ed States; 13 or " (iii) by a dependent Indi an cornmu- 14 15 1-uty . 16 " (3) rrhe term 'Indian reservation ' includes- 17 " (A) an Indian reservation in existence in 18 any Stat e or Stat es as of th e dat e of ena ctm ent 19 of thi s para graph ; 20 " (B) a pub lic domain Indi an allotment ; and 21 22 " (C) a depenclent Indian community lo- 23 cated ?within th e borders of the United States, 24 regardl ess 25 locat ed- of wheth er th e communit y 1s oHR 6 EH AMERICA!\ pVERSIGHT 176 CEQ050FY18 091_000000439 CEQ-18-0173-C-000214 174 1 "(A ) any land located within th e bound- 2 aries of an Indian 3 ranch eria ; and 4 " (B) reservation, pu eblo, or any land not locat ed vvithin th e 5 boundari es of an Indian r eservation , pu eblo, or 6 rancheria , th e title to which is held- 7 "( i) in tru st by the Unit ed Stat es for 8 the benefit of an Indian trib e or an indi- 9 vidual Indian; 10 "( ii) by an Indian t ribe or an indi - 11 vidual Indian , subject t o restri ction against 12 alienation und er laws of th e Unit ed States; 13 or " (iii) by a dependent Indi an cornmu- 14 15 1-uty . 16 " (3) rrhe term 'Indian reservation ' includes- 17 " (A) an Indian reservation in existence in 18 any Stat e or Stat es as of th e dat e of ena ctm ent 19 of thi s para graph ; 20 " (B) a pub lic domain Indi an allotment ; and 21 22 " (C) a depenclent Indian community lo- 23 cated ?within th e borders of the United States, 24 regardl ess 25 locat ed- of wheth er th e communit y 1s oHR 6 EH AMERICA!\ pVERSIGHT 176 CEQ050FY18 091_000000439 CEQ-18-0173-C-000214 175 "( i) on original or acquired territor y 1 2 of th e community; or 3 "( ii) within or outside th e boundai-ies 4 of any parti cular Sta te . 5 ('(4) The term 'Indian trib e' ha s the meanmg 6 given th e term in section 4 of th e Indian Self-Deter- 7 rnination and Edu cation Assistan ce Act (25 U .S.C. 8 450b), except that th e term 'Indian trib e', for th e 9 purpo se of paragraph (11) and section s 2603(b)(3) 10 and 2604 , shall not include any Native Corporati on. 11 " (5) The term 'int egrati on of energy resotu?ces' 12 mean s any proj ect or activity th at promote s th e loca- 13 tion and operation of a facility (including any pipe- 14 line, gath erin g system, tran sport ation system or fa- 15 cility, or electri c tr ansmjssion or distr ibution fa cility) 16 on or near Indian land to process, refine, generat e 17 electri city from , or otherwise develop energy rc- 18 sources on, Indian land . 19 " (6) rrhe tenn 'N ative Coq)oration ' has the 20 meanin g given the term in section 3 of th e Alaska 21 Native Claims Settl ement Act (43 U. S.C. 1602 ). 22 '' (7) The term 'organization ' n1eans a partn er- 23 ship , joint ventur e, limited liability company, or 24 othei? umn co11)orat ed association or entity th at is es- 25 tablished to develop Indian energy resources. oHR 6 EH AMERICA!\ pVERSIGHT 177 CEQ050FY18091 _000000439 CEQ-18-0173-C-000215 175 "( i) on original or acquired territor y 1 of th e community; or 2 3 "( ii) within or outside th e boundai-ies 4 of any parti cular Sta te . 5 ('(4) The term 'Indian trib e' ha s the meanmg 6 given th e term in section 4 of th e Indian Self-Deter- 7 rnination and Edu cation Assistan ce Act (25 U .S.C. 8 450b), except that th e term 'Indian trib e', for th e 9 purpo se of paragraph (11) and section s 2603(b)(3) 10 and 2604 , shall not include any Native Corporati on. 11 " (5) The term 'int egrati on of energy resotu?ces' 12 mean s any proj ect or activity th at promote s th e loca- 13 tion and operation of a facility (including any pipe- 14 line, gath erin g system, tran sport ation system or fa- 15 cility, or electri c tr ansmjssion or distr ibution fa cility) 16 on or near Indian land to process, refine, generat e 17 electri city from , or otherwise develop energy rc- 18 sources on, Indian land . 19 " (6) rrhe tenn 'N ative Coq)oration ' has the 20 meanin g given the term in section 3 of th e Alaska 21 Native Claims Settl ement Act (43 U. S.C. 1602 ). 22 '' (7) The term 'organization ' n1eans a partn er- 23 ship , joint ventur e, limited liability company, or 24 othei? umn co11)orat ed association or entity th at is es- 25 tablished to develop Indian energy resources. oHR 6 EH AMERICA!\ pVERSIGHT 177 CEQ050FY18091 _000000439 CEQ-18-0173-C-000215 176 1 "(8) 'r he ter m 'Pro gTam' means the Indian en- 2 ergy 3 und er section 2602(a). program esta blished " (9) rrh c term 'Secretar y' means th e Secret ary 4 5 resour ce development of the Int erior . 6 " (10) The ter m 'tribal energy resour ce develop- 7 ment organizatio n' means an organization of 2 or 8 more entiti es, at least 1 of which is an Indian tribe, 9 that has the vvritten consent of th e governing bodies 10 of all Indian tr ibes participat ing in t he organ izat ion 11 to apply for a grant, loan , or other assistan ce au- 12 thori zed bv section 2602. oJ 13 "(11) rrhe term 'tribal land ' means any land or 14 int erests in land owned by any Indian t ribe, tit le to 15 which is held in tru st by th e United States or which 16 is suqject to a restriction against alienation und er 17 lavvs of the United States. 18 "SEC. 2602 . INDIAN TRIBAL ENERGY RESOURCE DEVELOP - 19 20 MENT . "(a) DEP 1UiT l\'IENT OF TIIE L'\TTERIOR PROGRAM. - 21 " (1) 'f o assist Indian tr ibes in th e development 22 of energy resources and furth er th e goal of Indian 23 self-det erminat ion, the Secretary shall establish and 24 implement an Indian energy resource development 25 progr am to assist consenting Indian tribes and tribal oHR 6 EH AMERICA!\ pVERSIGHT 178 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000216 176 1 "(8) 'r he ter m 'Pro gTam' means the Indian en- 2 ergy 3 und er section 2602(a). program esta blished " (9) rrh c term 'Secretar y' means th e Secret ary 4 5 resour ce development of the Int erior . 6 " (10) The ter m 'tribal energy resour ce develop- 7 ment organizatio n' means an organization of 2 or 8 more entiti es, at least 1 of which is an Indian tribe, 9 that has the vvritten consent of th e governing bodies 10 of all Indian tr ibes participat ing in t he organ izat ion 11 to apply for a grant, loan , or other assistan ce au- 12 thori zed bv section 2602. oJ 13 "(11) rrhe term 'tribal land ' means any land or 14 int erests in land owned by any Indian t ribe, tit le to 15 which is held in tru st by th e United States or which 16 is suqject to a restriction against alienation und er 17 lavvs of the United States. 18 "SEC. 2602 . INDIAN TRIBAL ENERGY RESOURCE DEVELOP - 19 20 MENT . "(a) DEP 1UiT l\'IENT OF TIIE L'\TTERIOR PROGRAM. - 21 " (1) 'f o assist Indian tr ibes in th e development 22 of energy resources and furth er th e goal of Indian 23 self-det erminat ion, the Secretary shall establish and 24 implement an Indian energy resource development 25 progr am to assist consenting Indian tribes and tribal oHR 6 EH AMERICA!\ pVERSIGHT 178 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000216 177 1 energy resource development organiz ations in achiev- 2 ing th e pu17Joses of thi s tit le. 3 4 " (2) In carr yin g out the Pro gram , th e Secreta ry shall- 5 " (A) provide development grant s to Indian 6 trib es and tribal energy resource development 7 organization s for u se in developing or obtaining 8 tl1e manag eria l and technical capacity needed to 9 develop energy resour ces on Indian land , and to 10 prop erly account for result ing energy produ c- 11 tion and revenue s; 12 " (B) provide gTants to Indian trib es and 13 triba l energy resour ce development organiza- 14 tion s for u se in carryin g out project s to pro- 15 mote th e int egration of energy resources, and to 16 pro cess, use, or develop those energy r esources, 17 on Indian land ; and 18 " (C) pl'ovidc 10\,v-int crest Joans to Indian 19 trib es and tr ibal energy resour ce development 20 organization s for u se m th e prom otion of cn- 21 ergy resource development on Indian land and 22 int eg1?ation of energy resour ces. 23 " (3) rrh ere are authorized to be appr opr iat ed to 24 carr y out thi s subsection such sums as ar c necessary 25 for each of fiscal year s 2006 tlu?ough 20 16. oHR 6 EH AMERICA!\ pVERSIGHT 179 CEQ050FY18091_000000439 CEQ-18-0173-C-000217 177 1 energy resource development organiz ations in achiev- 2 ing th e pu17Joses of thi s tit le. 3 4 " (2) In carr yin g out the Pro gram , th e Secreta ry shall- 5 " (A) provide development grant s to Indian 6 trib es and tribal energy resource development 7 organization s for u se in developing or obtaining 8 tl1e manag eria l and technical capacity needed to 9 develop en ergy resour ces on Indian land , and to 10 prop erly account for result ing energy produ c- 11 tion and revenue s; 12 " (B) provide gTants to Indian trib es and 13 triba l energy resour ce development organiza- 14 tion s for u se in carryin g out project s to pro- 15 mote th e int egration of energy resources, and to 16 pro cess, use, or develop those energy r esources, 17 on Indian land ; and 18 " (C) pl'ovidc 10\,v-int crest Joans to Indian 19 trib es and tr ibal energy resour ce development 20 organization s for use m th e prom otion of cn- 21 ergy resource development on Indian land and 22 int eg1?ation of energy resour ces. 23 " (3) rrh ere are authorized to be appr opr iat ed to 24 carr y out thi s subsection such sums as ar c necessary 25 for each of fiscal year s 2006 tlu?ough 20 16. oHR 6 EH AMERICA!\ pVERSIGHT 179 CEQ050FY18091_000000439 CEQ-18-0173-C-000217 178 1 2 "( b) DEPJ\l{Tl\fli} NT Oii1 E N E;RGY lNDlAN EN ERG Y ED UCA'l'IO N PL ANNJNG AN D l\llANA GEM E:N'l' AsS JS'l' ANC E 3 PROGRAlVI.4 "(1) The Dir ector shall estab lish programs to 5 assist consenting Indian tribes in meeting energy 6 education, research and development, planning, and 7 mana gement needs. 8 "(2) In canying out thi s subsection , the Dir ec- 9 tor may provide grants, on a competitive basis, to an 10 Indian trib e or triba l energy resour ce development 11 organization for use in carrying out- 12 "(A) energy, energy efficiency, and energy conservation program s; 13 14 "( B) studi es and othe r activities sup- 15 portin g tribal acquisitions of energy supplies, 16 services, and facilities; 17 "(C) planning , construction , development , 18 operation, maint enan ce, and irnprovcmcnt of 19 tribal electri cal generation, tran smission, and 20 distr ibution facilities located on India n land; 21 and 22 " (D) development , constru ction , and int er- 23 com1ection of electri c power tran smission facili- 24 tics located on Indian land with oth er electri c 25 tran smission facilities. oHR 6 EH AMERICA!\ pVERSIGHT 180 CEQ050FY18091 _000000439 CEQ-18-0173-C-000218 178 1 2 "( b) DEPJ\l{Tl\fli} NT Oii1 E N E;RGY lNDlAN EN ERG Y ED UCA'l'IO N PL ANNJNG AN D l\llANA GEM E:N'l' AsS JS'l' ANC E 3 PROGRAlVI.4 "(1) The Dir ector shall estab lish programs to 5 assist consenting Indian tribes in meeting energy 6 education, research and development, planning, and 7 mana gement needs. 8 "(2) In canying out thi s subsection , the Dir ec- 9 tor may provide grants, on a competitive basis, to an 10 Indian trib e or triba l energy resour ce development 11 organization for use in carrying out- 12 "(A) energy, energy efficiency, and energy conservation program s; 13 14 "( B) studi es and othe r activities sup- 15 portin g tribal acquisitions of energy supplies, 16 services, and facilities; 17 "(C) planning , construction , development , 18 operation, maint enan ce, and irnprovcmcnt of 19 tribal electri cal generation, tran smission, and 20 distr ibution facilities located on India n land; 21 and 22 " (D) development , con stru ction , and int er- 23 com1ection of electri c power tran smission facili- 24 tics located on Indian land with oth er electri c 25 tran smission facilities. oHR 6 EH AMERICA!\ pVERSIGHT 180 CEQ050FY18091 _000000439 CEQ-18-0173-C-000218 179 1 "(3)(A) T'he Dir ector may develop, in consuJta- 2 tion with Indian trib es, a formula for prmriding 3 grants und er thi s sub section. 4 " (B) In providing a grant under this sub- 5 section , th e Dir ector shall give priori ty to an appli ca- 6 tion received from an Indian tr ibe with inad equat e 7 electri c service (as determin ed by th e Director). 8 "( 4) 1'h e Secretary of En ergy may issue such 9 regulation s as necessa ry to carry out this subsect ion. 10 " (5) rrhcrc arc au thoriz ed to be appropr iated to 11 car ry out this subsection su ch sun1s as arc necessary 12 for each of fiscal years 2006 throu gh 2016. 13 ''(c) DEP Al{T.i\lB N'l' OF' E NE HDY LOA N GUJ\J{,J\N'l'EE 14 PRO GRAi\ I.- 15 "( 1) Subj ect to para graph (3), the Secretary of 16 En ergy may provide loan guarant ees (as defined m 17 section 502 of th e Federal Credit Reform Act of 18 1990 (2 U .S.C. 661a )) for not more than 90 percent 19 of th e unpaid prin cipal and inter est due on any loan 20 mad e to any Indi an tribe for energy development . 21 22 "(2) A loan guarant ee und er thi s subsection shall be made by- 23 "(A ) a financial instituti on subject to ex- 24 amination by th e Secretary of En ergy; or oHR 6 EH AMERICA!\ pVERSIGHT 181 CEQ050FY18091 _000000439 CEQ-18-0173-C-000219 179 1 "(3)(A) T'he Dir ector may develop, in consuJta- 2 tion with Indian trib es, a formula for prmriding 3 grants und er thi s sub section. 4 " (B) In providing a grant under this sub- 5 section , th e Dir ector shall give priori ty to an appli ca- 6 tion received from an Indian tr ibe with inad equat e 7 electri c service (as determin ed by th e Director). 8 "( 4) 1'h e Secretary of En ergy may issue such 9 regulation s as necessa ry to carry out this subsect ion. 10 " (5) rrhcrc arc au thoriz ed to be appropr iated to 11 car ry out this subsection su ch sun1s as arc necessary 12 for each of fiscal years 2006 throu gh 2016. 13 ''(c) DEP Al{T.i\lB N'l' OF' E NE HDY LOA N GUJ\J{,J\N'l'EE 14 PRO GRAi\ I.- 15 "( 1) Subj ect to para graph (3), the Secretary of 16 En ergy may provide loan guarant ees (as defined m 17 section 502 of th e Federal Credit Reform Act of 18 1990 (2 U .S.C. 661a )) for not more than 90 percent 19 of th e unpaid prin cipal and inter est due on any loan 20 mad e to any Indi an tribe for energy development . 21 22 "(2) A loan guarant ee und er thi s subsection shall be made by- 23 "(A ) a financial instituti on subject to ex- 24 amination by th e Secretary of En ergy; or oHR 6 EH AMERICA!\ pVERSIGHT 181 CEQ050FY18091 _000000439 CEQ-18-0173-C-000219 180 1 ''( B) an Indian trib e, from funds of th e In- 2 dian trib e. 3 "(3) The aggregate outstanding a1nount guar- 4 anteed by th e Secreta ry of En ergy at any tim e und er 5 this subsection shall not exceed $2,000 ,000 ,000. 6 " (4) The Secretary of Energ y ITH:lY issue such 7 regulati ons as th e Secretary of En ergy determines 8 are necessary to carry out this subsection. 9 "(5) There arc authorized to be appropriated 10 such sums as arc necessary to carry out this sub- 11 section , to remain available until expended . 12 "( 6) Not later than 1 year frorn the dat e of en- 13 actment of this section , the Secretary of En ergy 14 shall report to Congress on the finan cing require- 15 ment s of Indian trib es for energy development on In- 16 clian land. 17 "(d) F.Eog1{.J\J1 AGENCIES -I NDIAN 18 E NE RGY PREF'- ERE NCE.- 19 "(l ) In pur cha sing electri city or any other en- 20 crgy produ ct or by-produ ct , a F edera l agency or de- 21 partm ent may give preference to an energy and re- 22 sourc e production ent erpr ise, partn ership, consor- 23 tium, corporation , or other type of bu siness organi- 24 zation th e major ity of th e int erest in 25 and controll ed by 1 or more Indi an tribes . hich is owned \1i1 oHR 6 EH AMERICA!\ pVERSIGHT 182 CEQ050FY18091 _000000439 CEQ-18-0173-C-000220 180 1 ''( B) an Indian trib e, from funds of th e In- 2 dian trib e. 3 "(3) The aggregate outstanding a1nount guar- 4 anteed by th e Secreta ry of En ergy at any tim e und er 5 this subsection shall not exceed $2,000 ,000 ,000. 6 " (4) The Secretary of Energ y ITH:lY issue such 7 regulati ons as th e Secretary of En ergy determines 8 are necessary to carry out this subsection. 9 "(5) There arc authorized to be appropriated 10 such sums as arc necessary to carry out this sub- 11 section , to remain available until expended . 12 "( 6) Not later than 1 year frorn the dat e of en- 13 actment of this section , the Secretary of En ergy 14 shall report to Congress on the finan cing require- 15 ment s of Indian trib es for energy development on In- 16 clian land. 17 "(d) F.Eog1{.J\J1 AGENCIES -I NDIAN 18 E NE RGY PREF'- ERE NCE.- 19 "(l ) In pur cha sing electri city or any other en- 20 crgy produ ct or by-produ ct , a F edera l agency or de- 21 partm ent may give preference to an energy and re- 22 sourc e production ent erpr ise, partn ership, consor- 23 tium, corporation , or other type of bu siness organi- 24 zation th e major ity of th e int erest in 25 and controll ed by 1 or more Indi an tribes . hich is owned \1i1 oHR 6 EH AMERICA!\ pVERSIGHT 182 CEQ050FY18091 _000000439 CEQ-18-0173-C-000220 181 1 2 "(2) In carr ying out t his subsection, a Federa l agency or departm ent shalJ not- 3 "(A) pay more than the preva iling market 4 price for an energy product or by-produ ct; or "( B ) obtain less tha n preva iling mark et 5 6 7 term s and conditions . "SEC. 2603 . INDIAN TRIBAL ENERGY RESOURCE REGULA- 8 9 TION. "(a) GRAIYrS .-Th e Secretary may provide to Indian 10 tribes, on an am1ual basis, grant s for u se in accordan ce 11 with subsection (b). 12 "(b) USE OIo' FUNDS.-Fund s from a gTant pro vided 13 und er thi s section may be used14 "( ] ) by an Indian ti-jbe for th e development of 15 a tribal energy resour ce inventor y or tr ibal energy 16 resource on Indian land ; 17 "(2) by an Indi an t ribe for th e development of 18 a feasibility study or other report necessary to th e 19 development of ene1?gy resour ces on Indi an land ; 20 "(3) by an Indian tribe (other than an Indian 21 Trib e in Alaska except th e lV[etlakatla Indi an Com- 22 munit y) for the development and enforcement of 23 tribal laws (including regul at ions) relat ing to triba l 24 energy resource development and the development of oHR 6 EH AMERICA!\ pVERSIGHT 183 CEQ050FY18091 _000000439 CEQ-18-0173-C-000221 181 1 2 "(2) In carr ying out t his subsection, a Federa l agency or departm ent shalJ not- 3 "(A) pay more than the preva iling market 4 price for an energy product or by-produ ct; or 5 "( B ) obtain less tha n preva iling mark et 6 7 term s and conditions . "SEC. 2603 . INDIAN TRIBAL ENERGY RESOURCE REGULA- 8 9 TION. "(a) GRAIYrS .-Th e Secretary may provide to Indian 10 tribes, on an am1ual basis, grant s for u se in accordan ce 11 with subsection (b). 12 "(b) USE OIo' FUNDS.-Fund s from a gTant pro vided 13 und er thi s section may be used14 "( ] ) by an Indian ti-jbe for th e development of 15 a tribal energy resour ce inventor y or tr ibal energy 16 resource on Indian land ; 17 "(2) by an Indi an t ribe for th e development of 18 a feasibility study or other report necessary to th e 19 development of ene1?gy resour ces on Indi an land ; 20 "(3) by an Indian tribe (other than an Indian 21 Trib e in Alaska except th e lV[etlakatla Indi an Com- 22 munit y) for the development and enforcement of 23 tribal laws (including regul at ions) relat ing to triba l 24 energy resource development and the development of oHR 6 EH AMERICA!\ pVERSIGHT 183 CEQ050FY18091 _000000439 CEQ-18-0173-C-000221 182 1 technicaJ infra stru ctur e to protect th e environment 2 under applicable law; 3 "(4) by a Nat ive Corporation for th e dcvclop- 4 mcnt and implementation of corporate policies and 5 the development of technical infrastructure 6 to energy development and environmenta l prot ection 7 und er applicable law; and "(5) by an Indian tribe for th e trainin g of em- 8 9 ployees that"(.A) ar e enga ged in the development of en- 10 11 ergy resour ces on Indian land; or 12 "(B) are respo nsible for prot ectin g th e en- viron ment. 13 14 r elat ed "(c) O'1'IIERASSISTJ\NCI<}.-In carr ying out th e obli- 15 gat ions of th e United States und er this title, th e Secretary 16 shall ensur e, to th e maximum ext ent practicable and to 17 th e ex-tent of available r esource s, that upon the request 18 of an Indian tribe, the Indian trib e shall have available 19 scientifi c and technica l information and CA 1)Crti sc, for u se 20 in th e Indian tr ibe's regulation, development , and manage- 21 ment of energ_y resour ces on Indian land. rrhe Secretary 22 may fulfill thi s responsibility eith er directly, throu gh th e 23 u se of F edera l officials, or indirect ly, by providing finan24 cial assistance to th e Indi an trib e to secur e independent 25 assista nce. oHR 6 EH AMERICA!\ pVERSIGHT 184 CEQ050FY18091 _000000439 CEQ-18-0173-C-000222 182 1 technicaJ infra stru ctur e to protect th e environment 2 under applicable law; 3 "(4) by a Nat ive Corporation for th e dcvclop- 4 mcnt and implementation of corporate policies and 5 the development of technical infrastructure 6 to energy development and environmenta l prot ection 7 und er applicable law; and "(5) by an Indian tribe for th e trainin g of em- 8 9 ployees that"(.A) ar e enga ged in the development of en- 10 11 ergy resour ces on Indian land; or 12 "(B) are respo nsible for prot ectin g th e en- viron ment. 13 14 r elat ed "(c) O'1'IIERASSISTJ\NCI<}.-In carr ying out th e obli- 15 gat ions of th e United States und er this title, th e Secretary 16 shall ensur e, to th e maximum ext ent practicable and to 17 th e ex-tent of available r esource s, that upon the r equest 18 of an Indian tribe, the Indian trib e shall have available 19 scientifi c and technica l information and CA 1)Crti sc, for u se 20 in th e Indian tr ibe's regulation, development , and manage- 21 ment of energ_y resour ces on Indian land. rrhe Secretary 22 may fulfill thi s responsibility eith er directly, throu gh th e 23 u se of F edera l officials, or indirect ly, by providing finan24 cial assistance to th e Indi an trib e to secur e independent 25 assista nce. oHR 6 EH AMERICA!\ pVERSIGHT 184 CEQ050FY18091 _000000439 CEQ-18-0173-C-000222 183 1 "SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS2 OF-WAY INVOLVING ENERGY DEVELOPMENT 3 OR TRANSMISSION. 4 " (a) LEA SE S AND B USINE SS AGRB~MEN'l'S.-Suqj ect 5 to the provisions of thi s section- 6 " (1) an Indian trib e may, at its discretion , 7 ent er into a lease or business agreement for the pur- 8 pose of energy resource development on tribal land , 9 inclu ding a lease or bu siness agr eement for- 10 " (A) e.>... 'Ploration for, e:x i,ra ction of, pr?oc- 11 essing of, or other development of th e Indian 12 trib e's cnerg_ y mineral resour ces located on trib- 13 al land; and 14 " (B ) constru ction or operation of an elec- 15 tri c genera tion, tran smission, or distribution fa- 16 cility locat ed on tribal land or a facility to pr oc- 17 ess or refine energy resour ces developed on trib - 18 al land; and 19 " (2) such lease or bu siness agreement described 20 in p ara graph (1) shall not requi1?e th e app1?oval of 21 th e Secr etar y und er section 2103 of th e Revised 22 Statut es (25 U.S.C. 81) or any oth er provision of 23 law, if- 24 " (A) th e lease or business agreement is ex- 25 ecut ed ptu-suant to a tr ibal energy resource oHR 6 EH AMERICA!\ pVERSIGHT 185 CEQ050FY18091_000000439 CEQ-18-0173-C-000223 183 1 "SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS2 OF-WAY INVOLVING ENERGY DEVELOPMENT 3 OR TRANSMISSION. 4 " (a) LEA SE S AND B USINE SS AGRB~MEN'l'S.-Suqj ect 5 to the provisions of thi s section- 6 " (1) an Indian trib e may, at its discretion , 7 ent er into a lease or business agreement for the pur- 8 pose of energy resource development on tribal land , 9 inclu ding a lease or bu siness agr eement for- 10 " (A) e.>... 'Ploration for, e:x i,ra ction of, pr?oc- 11 essing of, or other development of th e Indian 12 y mineral resour ces located on tribtrib e's cnerg_ 13 al land; and 14 " (B ) constru ction or operation of an elec- 15 tri c genera tion, tran smission, or distribution fa- 16 cility locat ed on tribal land or a facility to pr oc- 17 ess or refine energy resour ces developed on trib - 18 al land; and 19 " (2) such lease or bu siness agreement described 20 in p ara graph (1) shall not requi1?e th e app1?oval of 21 th e Secr etar y und er section 2103 of th e Revised 22 Statut es (25 U.S.C. 81) or any oth er provision of 23 law, if- 24 " (A) th e lease or business agreement is ex- 25 ecut ed ptu-suant to a tr ibal energy resource oHR 6 EH AMERICA!\ pVERSIGHT 185 CEQ050FY18091_000000439 CEQ-18-0173-C-000223 184 1 agr eement app r oved by th e Secretary 2 subsec ti on (e); 3 und er "( B ) the ter m of th e lease or bu siness 4 agreement does not exceed- s "( i) 30 years; or 6 " (ij ) in the case of a lease for th e pro - 7 duction of oil resources, gas resotff ces, or 8 both, 10 years and as long ther eaft er as oil 9 or gas is produced in paying quant ities; 10 and 11 "(C) the Indian tribe ha s ente r ed into a 12 tribal energy r esour ce agreement with the Sec- 13 retar y, as described in sub section (e), relat ing 14 to th e development of ener gy r esour ces on triba l 15 land (includin g the peri odic review and evalu a- 16 tion of th e activiti es of the Indian tribe und er 17 the agTeernent, to be condu cted pur su ant to th e 18 provi sions r equire d by subsectio n (e)(2)( D)(i)) . 19 "(b) RIGIITS-OF'-vV AY F'OR PIPELI NES OR ELECTRIC 20 ,-f RA.1 '-JSMISS ION OR D ISTRIBU'l'ION LI NES.- An In dian 21 trib e may gra nt a right -of-way over tribal land for a pip e22 line or an electri c tran smission or dist ribution line v,rithout 23 approva l by the Secretary if- oHR 6 EH AMERICA!\ pVERSIGHT 186 CEQ050FY18091 _000000439 CEQ-18-0173-C-000224 184 1 agr eement app r oved by th e Secretary 2 subsec ti on (e); 3 und er "( B ) the ter m of th e lease or bu siness 4 agreement does not exceed- s "( i) 30 years; or 6 " (ij ) in the case of a lease for th e pro - 7 duction of oil resources, gas resotff ces, or 8 both, 10 years and as long ther eaft er as oil 9 or gas is produced in paying quant ities; 10 and 11 "(C) the Indian tribe ha s ente r ed into a 12 tribal energy r esour ce agreement with the Sec- 13 retar y, as described in sub section (e), relat ing 14 to th e development of ener gy r esour ces on triba l 15 land (includin g the peri odic review and evalu a- 16 tion of th e activiti es of the Indian tribe und er 17 the agTeernent, to be condu cted pur su ant to th e 18 provi sions r equire d by subsectio n (e)(2)( D)(i)) . 19 "(b) RIGIITS-OF'-vV AY F'OR PIPELI NES OR ELECTRIC 20 ,-f RA.1 '-JSMISS ION OR D ISTRIBU'l'ION LI NES.- An In dian 21 trib e may gra nt a right -of-way over tribal land for a pip e22 line or an electri c tran smission or dist ribution line v,rithout 23 approva l by the Secretary if- oHR 6 EH AMERICA!\ pVERSIGHT 186 CEQ050FY18091 _000000439 CEQ-18-0173-C-000224 185 1 "( ] ) th e right-of-way is execut ed in accordance 2 with a triba l energy resour ce agreement approved by 3 the Secretar y und er subsection (e); 4 5 "( 2) the term of the right -of-way docs not cxcecd 30 years; 6 7 " (3) th e pipeline or electric tran smission or distributi on line serves- 8 "(A) an electri c generation , tran smission, 9 or distribution facility located on triba l land; or 10 "( B) a facility located on tr ibal land that 11 pro cesses or refines energy resour ces developed 12 on tribal land; and 13 " (4) th e Indi an tribe ha s ent ered int o a triba l 14 energy resotffCe agreement v,rith th e Secreta ry, as de- 15 scribed in subsection (e), relatin g to th e development 16 of energy resources on tribal land (including the 17 periodic review and evaluat ion of th e Indi an tribe's 18 activities und er such agreement described in sub- 19 para graph s (D ) and (E) of subsection (e)(2)) . 20 "(c) RE NEWALS .-A lease or busn1ess agreement en- 21 tered into or a right-of-viray grant ed by an Indian tr ibe 22 und er thi s section n1ay be renevired at the discretion of the 23 In dian tr ibe in accordance with thi s section. 24 "(d) V.ALIDI'l'Y. - No lease, business agreement , or 25 right-of-way relating to th e development of tribal ene1?gy oHR 6 EH AMERICA!\ pVERSIGHT 187 CEQ050FY18091 _000000439 CEQ-18-0173-C-000225 185 1 "( ] ) th e right-of-way is execut ed in accordance 2 with a triba l energy resour ce agreement approved by 3 the Secretar y und er subsection (e); 4 5 "( 2) the term of the right -of-way docs not cxcecd 30 years; " (3) th e pipeline or electric tran smission or dis- 6 7 tributi on line serves- 8 "(A) an electri c generation , tran smission, 9 or distribution facility located on triba l land; or 10 "( B) a facility located on tr ibal land that 11 pro cesses or refines energy resour ces developed 12 on tribal land; and 13 " (4) th e Indi an tribe ha s ent ered int o a triba l 14 energy resotffCe agreement v,rith th e Secreta ry, as de- 15 scribed in subsection (e), relatin g to th e development 16 of energy resources on tribal land (including the 17 periodic review and evaluat ion of th e Indi an tribe's 18 activities und er such agreement described in sub- 19 para graph s (D ) and (E) of subsection (e)(2)) . 20 "(c) RE NEWALS .-A lease or busn1ess agreement en- 21 tered into or a right-of-viray grant ed by an Indian tr ibe 22 und er thi s section n1ay be renevired at the discretion of the 23 In dian tr ibe in accordance with thi s section. 24 "(d) V.ALIDI'l'Y. - No lease, business agreement , or 25 right-of-way relating to th e development of tribal ene1?gy oHR 6 EH AMERICA!\ pVERSIGHT 187 CEQ050FY18091 _000000439 CEQ-18-0173-C-000225 186 1 resources pur su ant to th e provisions of thi s section shall 2 be valid unless th e lease, business agTeement , or right-of3 way is authoriz ed by th e provisions of a tribal energy re4 som?ce agreement approved by th e Secret ary und er sub 5 section (e)(2). 6 "(e ) TRIB AL E N~H.G Y RE SOU RCE AGRE RiWE N'f'S .- 7 " (1) On issuan ce of regul ation s 1mder para- 8 graph (8), an Indian trib e may submit to the Sec- 9 retary for appro val a tribal cnerg_ y resource agree- 10 ment governin g leases, business agr eement s, and 11 right s-of-way und er thi s section. 12 " (2)(A) Not later than 180 days aft er th e dat e 13 on v,,hich th e Secretar y receives a tribal energy re- 14 source agreement submitt ed by an Indian trib e 15 und er par agra ph (1), or not late r than 60 days aft er 16 th e Secr etar y receives a revised tribal energy re- 17 sour ce agreement subm_itted by an Indian trib e 18 und er par agraph (4) (C), (or such lat er date as may 19 be agreed to by th e Secretar y and th e Indian trib e), 20 the Secretary shall approve or disappr ove th e tribal 21 energy resour ce agTeement. 22 '' (B) rI'he Secretar y shall appro ve a trib al en- 23 ergy reso1U' ce agreement submitt ed und er para gra ph 24 (1) if- oHR 6 EH AMERICA!\ pVERSIGHT 188 CEQ050FY18091 _000000439 CEQ-18-0173-C-000226 186 1 resources pur su ant to th e provisions of thi s section shall 2 be valid unless th e lease, business agTeement , or right-of3 way is authoriz ed by th e provisions of a tribal energy re4 som?ce agreement approved by th e Secret ary und er sub 5 section (e)(2). 6 "(e ) TRIB AL E N~H.G Y RE SOU RCE AGRE RiWE N'f'S .- 7 " (1) On issuan ce of regul ation s 1mder para- 8 graph (8), an Indian trib e may submit to the Sec- 9 retary for appro val a tribal cnerg_ y resource agree- 10 ment governin g leases, business agr eement s, and 11 right s-of-way und er thi s section. 12 " (2)(A) Not later than 180 days aft er th e dat e 13 on v,,hich th e Secretar y receives a tribal energy re- 14 source agreement submitt ed by an Indian trib e 15 und er par agra ph (1), or not late r than 60 days aft er 16 th e Secr etar y receives a revised tribal energy re- 17 sour ce agreement subm_itted by an Indian trib e 18 und er par agraph (4) (C), (or such lat er date as may 19 be agreed to by th e Secretar y and th e Indian trib e), 20 the Secretary shall approve or disappr ove th e tribal 21 energy resour ce agTeement. 22 '' (B) rI'he Secretar y shall appro ve a trib al en- 23 ergy reso1U' ce agreement submitt ed und er para gra ph 24 (1) if- oHR 6 EH AMERICA!\ pVERSIGHT 188 CEQ050FY18091 _000000439 CEQ-18-0173-C-000226 187 1 "( i) th e Secretary determin es that th e In- 2 dian trib e ha s demonstrated that th e Indian 3 trib e ha s sufficient capacity to regulat e the de- 4 velopment of energy resour ces of the Indi an 5 trib e; 6 "( ii) the tribal energy resour ce agreement 7 includes provisions requir ed und er subpara- 8 grap h (D); and 9 "( iii) the tribal energy resource agreement 10 includes provisions that, '"'ith respect to a lease, 11 business agreement , or right-of-way und er this 12 section- 13 "( !) ensur e the acquisition of nec- 14 essary information from th e applicant for 15 the lease, business agreement , or right-of- 16 v,ray; 17 "( II) add ress the term of th e lease or 18 business agr eement or th e term of convey- 19 ance of th e right -of-way; 20 "( III) addr ess amendment s and renewals? 21 ' 22 "(IV) address th e economic return to 23 the lndjan 24 agreements, and right s-of-way; trib e und er leases, business oHR 6 EH AMERICA!\ pVERSIGHT 189 CEQ050FY18091 _000000439 CEQ-18-0173-C-000227 187 1 "( i) th e Secretary determin es that th e In- 2 dian trib e ha s demonstrated that th e Indian 3 trib e ha s sufficient capacity to regulat e the de- 4 velopment of energy resour ces of the Indi an 5 trib e; 6 "( ii) the tribal energy resour ce agreement 7 includes provisions requir ed und er subpara- 8 grap h (D); and 9 "( iii) the tribal energy resource agreement 10 includes provisions that, '"'ith respect to a lease, 11 business agreement , or right-of-way und er this 12 section- 13 "( !) ensur e the acquisition of nec- 14 essary information from th e applicant for 15 the lease, business agreement , or right-of- 16 v,ray; 17 "( II) add ress the term of th e lease or 18 business agreement or th e term of convey- 19 ance of th e right -of-way; 20 "( III) addr ess amendment s and renewals? 21 ' 22 "(IV) address th e economic return to 23 the lndjan 24 agreements, and right s-of-way; trib e und er leases, business oHR 6 EH AMERICA!\ pVERSIGHT 189 CEQ050FY18091 _000000439 CEQ-18-0173-C-000227 188 1 "(V) address techni cal or ot her r el- 2 evant requirements; 3 "(V I ) esta blish requirements for envi- 4 ronm ental r evievv in accordance with sub- 5 paragraph (C); "Ci/ II) ensm?e compliance with all ap- 6 7 plicable envirom11ental lavvs; 8 "(VIII) identi fy final approval author- 9 ity; "( IX) provide for pub lic notificat ion of 10 final approvals; 11 12 "(X) establi sh a pro cess for consulta- 13 tion ?with any affected States concernin g 14 off-rese r vation impacts, if' any, identifi ed 15 pur suant to th e prm ~sions requir ed und er 16 subpara gTaph (C)(i); 17 "(XI) descr ibe the remedies for 18 breach of the lease, busin ess agr eement, or 19 right-of-wa y; 20 "(XII) require each lease, bu siness 21 agreement, 22 sta tement that , in th e event th at any of it s 23 provisions violates an e}qJr ess term or re - 24 quir ement set forth in the tribal energy r e- and right- of-way to in clud e a oHR 6 EH AMERICA!\ pVERSIGHT 190 CEQ050FY18091 _000000439 CEQ-18-0173-C-000228 188 1 "(V) address techni cal or ot her r el- 2 evant requirements; 3 "(V I ) esta blish requirements for envi- 4 ronm ental r evievv in accordance with sub- 5 paragraph (C); "Ci/ II) ensm?e compliance with all ap- 6 7 plicable envirom11ental lavvs; 8 "(VIII) identi fy final approval author- 9 ity; "( IX) provide for pub lic notificat ion of 10 final approvals; 11 12 "(X) establi sh a pro cess for consulta- 13 tion ?with any affected States concernin g 14 off-rese r vation impacts, if' any, identifi ed 15 pur suant to th e prm ~sions requir ed und er 16 subpara gTaph (C)(i); 17 "(XI) descr ibe the remedies for 18 breach of the lease, busin ess agr eement, or 19 right-of-wa y; 20 "(XII) require each lease, bu siness 21 agreement, 22 sta tement that , in th e event th at any of it s 23 provisions violates an e}qJr ess term or re - 24 quir ement set forth in the tribal energy r e- and right- of-way to in clud e a oHR 6 EH AMERICA!\ pVERSIGHT 190 CEQ050FY18091 _000000439 CEQ-18-0173-C-000228 189 1 sour ce agTeernent pursuant to which it was 2 execut ed- 3 " (a.a) such provision shall be null and void; and 4 5 "( bb) if t he Secreta ry determin es 6 such provision to be mat erial , th e Sec- 7 retar y shall have th e authority to sus- 8 pend or 1?escind the lease, bu siness 9 agreement, or right-of-v,,ay or tak e 10 other appropriate action that the Sec- 11 retar y determin es to be in th e best in- 12 terest of th e Indian tribe; 13 "(XII I) requir e each lease, bu siness 14 agreement , and right -of-viray to pro,~de 15 that it vvillbecome effective on th e dat e on 16 v,rhich a copy of th e execut ed lease, bu si- 17 ness agrcernent, or right-o f-way is deliv- 18 ered to th e Secretary in accordan ce with 19 regulation s adopt ed pur suant to this sub- 20 section; and 21 "(XIV) includ e citation s to tribal 22 laws, regu lations, or procedur es, if any, 23 that set out tr ibal remedies that must be 24 exhan sted before a petition may be snb - oHR 6 EH AMERICA!\ pVERSIGHT 191 CEQ050FY18091 _000000439 CEQ-18-0173-C-000229 189 1 sour ce agTeernent pursuant to which it was 2 execut ed- 3 " (a.a) such provision shall be null and void; and 4 5 "( bb) if t he Secreta ry determin es 6 such provision to be mat erial , th e Sec- 7 retar y shall have th e authority to sus- 8 pend or 1?escind the lease, bu siness 9 agreement, or right-of-v,,ay or tak e 10 other appropriate action that the Sec- 11 retar y determin es to be in th e best in- 12 terest of th e Indian tribe; 13 "(XII I) requir e each lease, bu siness 14 agreement , and right -of-viray to pro,~de 15 that it vvillbecome effective on th e dat e on 16 v,rhich a copy of th e execut ed lease, bu si- 17 ness agrcernent, or right-o f-way is deliv- 18 ered to th e Secretary in accordan ce with 19 regulation s adopt ed pur suant to this sub- 20 section; and 21 "(XIV) includ e citation s to tribal 22 laws, regu lations, or procedur es, if any, 23 that set out tr ibal remedies that must be 24 exhan sted before a petition may be snb - oHR 6 EH AMERICA!\ pVERSIGHT 191 CEQ050FY18091 _000000439 CEQ-18-0173-C-000229 190 1 mitt ed to the Secretary pursuant to para- 2 gra ph (7)(B). 3 "(C) Tribal energy re soill'ce agreem ent s sub - 4 mitt ed tmder paragraph (1) shall establish , and in- 5 elude provisions to ensure compliance with, an envi- 6 ronm enta] review process that, v,rith respect to a 7 lease, bu siness agreement, or right -of-way und er this 8 section, prmrides for- 9 "(i) the identifi cation and evaluation of all 10 significant environm ental impact s (as compared 11 with a no-action alter nati ve), includin g effects 12 on cultural resourc es; 13 " (ii) th e ident ification of propo sed miti ga - 14 tion ; 15 "( iii) a process for ensurin g that th e public 16 is inform ed of and ha s an opporturut y to com- 17 ment on th e envirorunentaJ impa cts of the pro- 18 posed action before trib al approval of the lease, 19 business agreement , or right- of-way; and 20 "( iv) sufficient administrative support and 21 technical capability to carry out th e environ- 22 mental review pro cess. 23 "( D) A triba l energy resour ce agreement nego- 24 tiat ed between th e Secretar y and an Indian trib e in 25 accordance with thi s sub section shall includ e- oHR 6 EH AMERICA!\ pVERSIGHT 192 CEQ050FY18091 _000000439 CEQ-18-0173-C-000230 190 1 mitt ed to the Secretary pursuant to para- 2 gra ph (7)(B). 3 "(C) Tribal energy re soill'ce agreem ent s sub - 4 mitt ed tmder paragraph (1) shall establish , and in- 5 elude provisions to ensure compliance with, an envi- 6 ronm enta] review process that, v,rith respect to a 7 lease, bu siness agreement, or right -of-way und er this 8 section, prmrides for- 9 "(i) the identifi cation and evaluation of all 10 significant environm ental impact s (as compared 11 with a no-action alter nati ve), includin g effects 12 on cultural resourc es; 13 " (ii) th e ident ification of propo sed miti ga - 14 tion ; 15 "( iii) a process for ensurin g that th e public 16 is inform ed of and ha s an opporturut y to com- 17 ment on th e envirorunentaJ impa cts of the pro- 18 posed action before trib al approval of the lease, 19 business agreement , or right- of-way; and 20 "( iv) sufficient administrative support and 21 technical capability to carry out th e environ- 22 mental review pro cess. 23 "( D) A triba l energy resour ce agreement nego- 24 tiat ed between th e Secretar y and an Indian trib e in 25 accordance with thi s sub section shall includ e- oHR 6 EH AMERICA!\ pVERSIGHT 192 CEQ050FY18091 _000000439 CEQ-18-0173-C-000230 191 1 "( 1?) prov1s10ns reqmrm g tl1e Secret ary t o 2 conduct a periodic reviev,r and evaluation to 3 monitor the performan ce of th e Indi an tribe's 4 activities associat ed with th e development of en- 5 ergy resour ces under the tribal energy resour ce 6 agreement; and 7 "(j i) when such review and evaluation re- 8 sult in a finding by th e Secretary of imminent 9 j eopardy to a physical tru st asset ar ising from 10 a violation of the tribal energy resource agree- 11 ment or applicable Fed eral laws, provisions au- 12 thorizin g the Secretar y to tak e appropr iate ac- 13 tions determi ned by th e Secretary to be nec- 14 essary to prot ect su ch asset , ?which actions may 15 include reassumption of responsibility for activi- 16 ties associated witb th e development of energy 17 resources on tribal land until th e violation and 18 condition s that gave rise to such j eopardy have 19 been correct ed. 20 "( E) rrh c periodic review and evaluation de- 21 scribed in subpara graph (D) shall be conducted on 22 an annual basis, except that , aft er th e third such an- 23 nual review and evaluation, the Secretary and the 24 Indian trib e may mutuall y agree to amend th e tribal 25 energy resour ce agreement to authoriz e the review oHR 6 EH AMERICA!\ pVERSIGHT 193 CEQ050FY18091 _000000439 CEQ-18-0173-C-000231 191 1 "( 1?) prov1s10ns reqmrm g tl1e Secret ary t o 2 conduct a periodic reviev,r and evaluation to 3 monitor the performan ce of th e Indi an tribe's 4 activities associat ed with th e development of en- 5 ergy resour ces under the tribal energy resour ce 6 agreement; and 7 "(j i) when such review and evaluation re- 8 sult in a finding by th e Secretary of imminent 9 j eopardy to a physical tru st asset ar ising from 10 a violation of the tribal energy resourc e agree- 11 ment or applicable Fed eral laws, provisions au- 12 thorizin g the Secretar y to tak e appropr iate ac- 13 tions determi ned by th e Secretary to be nec- 14 essary to prot ect su ch asset , ?which actions may 15 include reassumption of responsibility for activi- 16 ties associated witb th e development of energy 17 resources on tribal land until th e violation and 18 condition s that gave rise to such j eopardy have 19 been correct ed. 20 "( E) rrh c periodic review and evaluation de- 21 scribed in subpara graph (D) shall be conducted on 22 an annual basis, except that , aft er th e third such an- 23 nual review and evaluation, the Secretary and the 24 Indian trib e may mutuall y agree to amend th e tribal 25 energy resour ce agreement to authoriz e the review oHR 6 EH AMERICA!\ pVERSIGHT 193 CEQ050FY18091 _000000439 CEQ-18-0173-C-000231 192 1 and evaluation requir ed by subparagTaph (D) to be 2 conducted once every 2 years. 3 "(3) rrhe Secretary shall provide notice and op- 4 portunit y for public comment on tr ibal energy re- 5 sour ce agTeements submitted for approval und er 6 paragraph (1). rrh e Secretary's review of a triba l en- 7 ergy resour ce agreement under th e National Envi- 8 ronmenta] Policy Act of 1969 (42 U .S.C. 432 1 et 9 seq.) shall be limited to the dir ect effects of that ap- 10 proval. 11 " (4) If the Secretary disapproves a tr ibal en- 12 crgy resource agTeement submitt ed by an Indian 13 tr ibe und er paragraph (1), the Secretary shall, not 14 later tha n 10 days after th e date of disapproval- 15 "(A) notify th e Indian b1be in writi ng of 16 th e basis for the disapp roval; 17 "(B) identify what changes or other ac- 18 tions arc requir ed to address th e concerns of 19 the Secretary; and 20 " (C) provide the Indian t ribe with an op- 21 portunity to revise and resubmit th e tr ibal en- 22 ergy resource agreement. 23 "(5) If an Indi an tribe execut es a lease or busi- 24 ness agreement or grants a right-of -way in accord- 25 ance ,,vith a triba l energy resource agreement ap- oHR 6 EH AMERICA!\ pVERSIGHT 194 CEQ050FY18091 _000000439 CEQ-18-0173-C-000232 192 1 and evaluation requir ed by subparagTaph (D) to be 2 conducted once every 2 years. 3 "(3) rrhe Secretary shall provide notice and op- 4 portunit y for public comment on tr ibal energy re- 5 sour ce agTeements submitted for approval und er 6 paragraph (1). rrh e Secretary's review of a triba l en- 7 ergy resour ce agreement under th e National Envi- 8 ronmenta] Policy Act of 1969 (42 U .S.C. 432 1 et 9 seq.) shall be limited to the dir ect effects of that ap- 10 proval. 11 " (4) If the Secretary disapproves a tr ibal en- 12 crgy resource agTeement submitt ed by an Indian 13 tr ibe und er paragraph (1), the Secretary shall, not 14 later tha n 10 days after th e date of disapproval- 15 "(A) notify th e Indian b1be in writi ng of 16 th e basis for the disapp roval; 17 "(B) identify what changes or other ac- 18 tions arc requir ed to address th e concerns of 19 the Secretary; and 20 " (C) provide the Indian t ribe with an op- 21 portunity to revise and resubmit th e tr ibal en- 22 ergy resource agreement. 23 "(5) If an Indi an tribe execut es a lease or busi- 24 ness agreement or grants a right-of -way in accord- 25 ance ,,vith a triba l energy resource agreement ap- oHR 6 EH AMERICA!\ pVERSIGHT 194 CEQ050FY18091 _000000439 CEQ-18-0173-C-000232 193 1 proved und er thi s subsection , th e India.n tr ibe shalJ, 2 in accordan ce with th e process and requirement s set 3 forth in th e Secretary's regulations adopted pursu- 4 ant to paragTaph (8), provide to the Secretary- 5 " (A) a copy of the lease, business agree- 6 ment, or right -of-way document (including all 7 amendment s to and renewals of th e document ); 8 and 9 "( B) in th e case of a tribal energy resource 10 agreement or a lease, business agreement , or 11 right-of-way that permit s paym ent s to be made 12 directly to th e Indian tribe, information and 13 documentation of those payment s sufficient to 14 enable the Secretary to discharge the tru st re- 15 sponsibility of th e Unit ed States to enforce the 16 terms of, and prot ect th e Indi an trib e's rights 17 w1der, th e lease, business ag reement , or right - 18 of-wav. 19 "( 6)(A) F or purpo ses of the activities to be un- 20 dertaken by the Secretary ptu-suant to this section, 21 the Secretary shall- ,; 22 " ( i.) carry out such activities in a manner 23 consistent ,,1, rith the tru st responsibility of th e 24 Unit ed Stat es relat ing to mineral and other 25 tru st resour ces; and oHR 6 EH AMERICA!\ pVERSIGHT 195 CEQ050 FY18091_000000439 CEQ-18-0173-C-000233 193 1 proved und er thi s subsection , th e India.n tr ibe shalJ, 2 in accordan ce with th e process and requirement s set 3 forth in th e Secretary's regulations adopted pursu- 4 ant to paragTaph (8), provide to the Secretary- 5 " (A) a copy of the lease, business agree- 6 ment, or right -of-way document (including all 7 amendment s to and renewals of th e document ); 8 and 9 "( B) in th e case of a tribal energy resource 10 agreement or a lease, business agreement , or 11 right-of-way that permit s paym ent s to be made 12 directly to th e Indian tribe, information and 13 documentation of those payment s sufficient to 14 enable the Secretary to discharge the tru st re- 15 sponsibility of th e Unit ed States to enforce the 16 terms of, and prot ect th e Indi an trib e's rights 17 w1der, th e lease, business agreement , or right - 18 of-wav. 19 "( 6)(A) F or purpo ses of the activities to be un- 20 dertaken by the Secretary ptu-suant to this section, 21 the Secretary shall- ,; 22 " ( i.) carry out such activities in a manner 23 consistent ,,1, rith the tru st responsibility of th e 24 Unit ed Stat es relat ing to mineral and other 25 tru st resour ces; and oHR 6 EH AMERICA!\ pVERSIGHT 195 CEQ050 FY18091_000000439 CEQ-18-0173-C-000233 194 1 1 '(ii) act in good faith and in th e best in- 2 terests of th e Indian trib es. 3 "(B) Subject to the provisions of subsections 4 (a)(2), (b), and (c) waiving the requir ement of Sec- 5 reta rial approval of leases, business agreements, and 6 right s-of-way executed ptirsuant to tribal energy re- 7 sour ce agreements approved und er this section , and 8 th e prmrisions of subpara graph (D), nothin g in thi s 9 section shall absolve the United States frmn any re- lO sponsibility to Indian s or Indian tr ibes, including , 11 but not limited to, those which derive from th e trust 12 relation ship or from any tr eaties, statut es, and other 13 laws of the United States, Executive Orders , or 14 agreeme nt s between th e United States and any In- 15 dian trib e. 16 "(C) The Secretary shall continu e to have a 17 trust obligation to ensur e that the right s and int er- 18 csts of an Indian trib e ar c prot ected in th e event 19 that - 20 "( i) any other part y to any such lease, 21 business agr eement , or right-of-way violates any 22 applicab le prmrision of F ederal law or th e terms 23 of any lease, business agreement , or right-of- 24 ?way under thi s section; or oHR 6 EH AMERICA!\ pVERSIGHT 196 CEQ050FY18091 _000000439 CEQ-18-0173-C-000234 194 1 1 '(ii) act in good faith and in th e best in- 2 terests of th e Indian trib es. 3 "(B) Subject to the provisions of subsections 4 (a)(2), (b), and (c) waiving the requir ement of Sec- 5 reta rial approval of leases, business agreements, and 6 right s-of-way executed ptirsuant to tribal energy re- 7 sour ce agreements approved und er this section , and 8 th e prmrisions of subpara graph (D), nothin g in thi s 9 section shall absolve the United States frmn any re- lO sponsibility to Indian s or Indian tr ibes, including , 11 but not limited to, those which derive from th e trust 12 relation ship or from any tr eaties, statut es, and other 13 laws of the United States, Executive Orders , or 14 agreeme nt s between th e United States and any In- 15 dian trib e. 16 "(C) The Secretary shall continu e to have a 17 trust obligation to ensur e that the right s and int er- 18 csts of an Indian trib e ar c prot ected in th e event 19 that - 20 "( i) any other part y to any such lease, 21 business agr eement , or right-of-way violates any 22 applicab le prmrision of F ederal law or th e terms 23 of any lease, business agreement , or right-of- 24 ?way under thi s section; or oHR 6 EH AMERICA!\ pVERSIGHT 196 CEQ050FY18091 _000000439 CEQ-18-0173-C-000234 195 1 " (ii) any prov1s1on m such lease, bu siness 2 agreement, or right- of-?way violates any e},._ rpress 3 provi sion or? r equir ement set forth in th e tribal 4 energy resour ce agreement pur suan t t o which 5 th e lease, business agr eement , or right-of-, ,vay 6 ?was execut ed. 7 ' 1 (D) Notwith standin g subp ara gn tph (B) , the 8 Unit ed Stat es shall not b e liable to any part y (in- 9 cluding any Indian t ribe) for any of th e negotiat ed 10 term s of, or any losses r esulting fr om th e negotiat ed 11 term s of, a lease, bu siness agreement , or right- of- 12 ,;i. ray execut ed pur suant to and in accordan ce ?with a 13 tr ibal enerov approv ed bv 5 ,, r esour ce aoTeement 5 .; the 14 Secr etary und er par agr aph (2). F or th e plU'pose of 15 thi s subp ara graph , th e term 16 mean s any terms or prov isions that ar e negotiat ed 17 by an Indian trib e and any oth er part y or pa r ties to 18 a lease, business agreement , or right -of-way ent ered 19 int o p tll'suant to an appro ved tribal energy resour ce 20 agr eement. 'negotiated term s' 21 " (7)(A) In thi s par agr aph , th e term 1 int erested 22 par ty' mean s any person or enti ty the int er est s of 23 which have sust ained or will sust ain a significan t ad- 24 ver se environm ental impa ct as a result of th e failur e 25 of an Indian trib e to comply with a tribal energy r e- oHR 6 EH AMERICA!\ pVERSIGHT 197 CEQ050FY18091 _000000439 CEQ-18-0173-C-000235 195 1 " (ii) any prov1s1on m such lease, bu siness 2 agreement, or right- of-?way violates any e},._ rpress 3 provi sion or? r equir ement set forth in th e tribal 4 energy resour ce agreement pur suan t t o which 5 th e lease, business agr eement , or right-of-, ,vay 6 ?was execut ed. 7 ' 1 (D) Notwith standin g subp ara gn tph (B) , the 8 Unit ed Stat es shall not b e liable to any part y (in- 9 cluding any Indian t ribe) for any of th e negotiat ed 10 term s of, or any losses r esulting fr om th e negotiat ed 11 term s of, a lease, bu siness agreement , or right- of- 12 ,;i. ray execut ed pur suant to and in accordan ce ?with a 13 tr ibal enerov approv ed bv 5 ,, r esour ce aoTeement 5 .; the 14 Secr etary und er par agr aph (2). F or th e plU'pose of 15 thi s subp ara graph , th e term 16 mean s any terms or prov isions that ar e negotiat ed 17 by an Indian trib e and any oth er part y or pa r ties to 18 a lease, business agreement , or right -of-way ent ered 19 int o p tll'suant to an appro ved tribal energy resour ce 20 agr eement. 'negotiated term s' 21 " (7)(A) In thi s par agr aph , th e term 1 int erested 22 par ty' mean s any person or enti ty the int er est s of 23 which have sust ained or will sust ain a significan t ad- 24 ver se environm ental impa ct as a result of th e failur e 25 of an Indian trib e to comply with a tribal energy r e- oHR 6 EH AMERICA!\ pVERSIGHT 197 CEQ050FY18091 _000000439 CEQ-18-0173-C-000235 196 1 sour ce agreement of th e Indi an tribe approved by 2 th e Secretary und er paragrap h (2). 3 "( B) After exhaus tion of tribal remedies, and in 4 accordan ce with the process and requir ement s set 5 forth in r egul ations adopted by the Secretary pnr su- 6 ant to paragTaph (8), an int erested part y may sub- 7 mit to the Secret ary a petition to review compliance 8 of an In dian trib e with a tribal energy resour ce 9 agreement of the Indi an trib e appr oved by th e Sec- 10 retary und er paragrap h (2) . 11 "(C)( i) Not later than 120 days after the dat e 12 on which th e Secretary receives a pet ition und er sub- 13 paragn1ph (B), th e Secretar y shall det ermine wheth - 14 er the Indi an tribe is not in cOJnpliance with the 15 tr ibal energy resourc e agreement, as alleged in the 16 petition. 17 "( ii) The Secretary may adopt pro cedur es 18 und er paragrap h (8) author izing an e:2'..'ie nsion of 19 time, not to exceed 120 days, for malting th e deter- 20 mination under clau se (i) in any case in which the 21 Secretar y determ ines that additional fame is nec- 22 essa1y to evaluate the allegations of the petition. 23 "( iii) Subject to subpara graph (D), if the Sec- 24 retary determin es that the Indi an tribe is not in 25 compliance ?with the ti?ibal energy resour ce agree- oHR 6 EH AMERICA!\ pVERSIGHT 198 CEQ050FY18091 _000000439 CEQ-18-0173-C-000236 196 1 sour ce agreement of th e Indi an tribe approved by 2 th e Secretary und er paragrap h (2). 3 "( B) After exhaus tion of tribal remedies, and in 4 accordan ce with the process and requir ement s set 5 forth in r egul ations adopted by the Secretary pnr su- 6 ant to paragTaph (8), an int erested part y may sub- 7 mit to the Secret ary a petition to review compliance 8 of an In dian trib e with a tribal energy resour ce 9 agreement of the Indi an trib e appr oved by th e Sec- 10 retary und er paragrap h (2) . 11 "(C)( i) Not later than 120 days after the dat e 12 on which th e Secretary receives a pet ition und er sub- 13 paragn1ph (B), th e Secretar y shall det ermine wheth - 14 er the Indi an tribe is not in cOJnpliance with the 15 tr ibal energy resourc e agreement, as alleged in the 16 petition. 17 "( ii) The Secretary may adopt pro cedur es 18 und er paragrap h (8) author izing an e:2'..'ie nsion of 19 time, not to exceed 120 days, for malting th e deter- 20 mination under clau se (i) in any case in which the 21 Secretar y determ ines that additional fame is nec- 22 essa1y to evaluate the allegations of the petition. 23 "( iii) Subject to subpara graph (D), if the Sec- 24 retary determin es that the Indi an tribe is not in 25 compliance ?with the ti?ibal energy resour ce agree- oHR 6 EH AMERICA!\ pVERSIGHT 198 CEQ050FY18091 _000000439 CEQ-18-0173-C-000236 197 1 ment as aJlegecl in th e petit ion, the Secretary shaJI 2 tak e such action as is necessary to ensur e compli- 3 ance with the pro visions of th e tribal energ_yresour ce 4 agreement, which action may include- s "( I ) temporaril y suspending some or all ac- 6 tivities und er a lease, business agTeement, or 7 right-of-way und er th is section untiJ the Indian 8 trib e or such activities ar e in compliance ,~rith 9 th e provisions of the approved triba l energy re- lO sour ce ag1?eement ; or 11 "(II) rescinding approval of all or par t of 12 the tribal energy resour ce agreement, and if all 13 of such agreement is rescinded, reassuming the 14 responsibility for approval of any futur e leases, 15 business agreements, or rights-of -way described 16 in subsections (a) and (b). 17 "( D) Prior to seeking to ensur e compliance ,~th 18 the pr ovisions of the t ribal energy resow?ce agrce- 19 ment of an Indi an trib e und er subpara gTaph (C)(iii), 20 the Secretar y shall- 21 "( i) make a written determination that de- 22 scribes the maimer in which th e tribaJ energy 23 resource agreement ha s been ,riolated; oHR 6 EH AMERICA!\ pVERSIGHT 199 CEQ050FY18091 _000000439 CEQ-18-0173-C-000237 197 1 ment as aJlegecl in th e petit ion, the Secretary shaJI 2 tak e such action as is necessary to ensur e compli- 3 ance with the pro visions of th e tribal energ_yresour ce 4 agreement, which action may include- s "( I ) temporaril y su spending some or all ac- 6 tivities und er a lease, business agTeement, or 7 right-of-way und er th is section untiJ the Indian 8 trib e or such activities ar e in compliance ,~rith 9 th e provisions of the approved triba l energy re- lO sour ce ag1?eement ; or 11 "(II) rescinding approval of all or par t of 12 the tribal energy resour ce agreement, and if all 13 of such agreement is rescinded, reassuming the 14 responsibility for approval of any futur e leases, 15 business agreements, or rights-of -way described 16 in subsections (a) and (b). 17 "( D) Prior to seeking to ensur e compliance ,~th 18 the pr ovisions of the t ribal energy resow?ce agrce- 19 ment of an Indi an trib e und er subpara gTaph (C)(iii), 20 the Secretar y shall- 21 "( i) make a written determination that de- 22 scribes the maimer in which th e tribaJ energy 23 resource agreement ha s been ,riolated; oHR 6 EH AMERICA!\ pVERSIGHT 199 CEQ050FY18091 _000000439 CEQ-18-0173-C-000237 198 1 1 '(ii) provide th e Indian trib e with a wr:it - 2 ten notice of the violations togeth er with the 3 ?written determination; and 4 "(iii) before taking any action described in 5 subparagraph (C)(iii) or seeking any other rem- 6 edy, prmride th e Indian trib e '"rith a hearin g and 7 a reasonable opport unit y to attain complian ce 8 with th e tribaJ energy resour ce agr eement. 9 "( E) An Indi an trib e described in subparagraph 10 (D) shall retain all rights to appeal as provided in 11 regulations issued by the Secretary . 12 " (8) Not lat er than 1 year after th e dat e of en- 13 actment of th e Indian 'I'ribal En ergy Development 14 and Self-Det ermination Act of 2005, the Secretary 15 sh aU issue regul ations that implement th e provisions 16 of thi s sub section, including- 17 "(A ) criter ia to be used in determinin g the 18 capa city of an Indian trib e described in para- 19 gTaph (2)(B)(i), including th e cx-pcricnce of the 20 Indian tribe in managing natural reso1H'ces and 21 financial and administ rati ve reso1U"ces avaiJab]e 22 for use by the Indian trib e in implementin g the 23 approved tr ibal energy resourc e agreement of 24 th e Indi an trib e; oHR 6 EH AMERICA!\ pVERSIGHT 200 CEQ050FY18091 _000000439 CEQ-18-0173-C-000238 198 1 1 '(ii) provide th e Indian trib e with a wr:it - 2 ten notice of the violations togeth er with the 3 ?written determination; and 4 "(iii) before taking any action described in 5 subparagraph (C)(iii) or seeking any other rem- 6 edy, prmride th e Indian trib e '"rith a hearin g and 7 a reasonable opport unit y to attain complian ce 8 with th e tribaJ energy resour ce agr eement. 9 "( E) An Indi an trib e described in subparagraph 10 (D) shall retain all rights to appeal as provided in 11 regulations issued by the Secretary . 12 " (8) Not lat er than 1 year after th e dat e of en- 13 actment of th e Indian 'I'ribal En ergy Development 14 and Self-Det ermination Act of 2005, the Secretary 15 sh aU issue regul ations that implement th e provisions 16 of thi s sub section, including- 17 "(A ) criter ia to be used in determinin g the 18 capa city of an Indian trib e described in para- 19 gTaph (2)(B)(i), including th e cx-pcricnce of the 20 Indian tribe in managing natural reso1H'ces and 21 financial and administ rati ve reso1U"ces avaiJab]e 22 for use by the Indian trib e in implementin g the 23 approved tr ibal energy resourc e agreement of 24 th e Indi an trib e; oHR 6 EH AMERICA!\ pVERSIGHT 200 CEQ050FY18091 _000000439 CEQ-18-0173-C-000238 199 1' (B) a pr?ocess and requfrernent s in accord- 1 2 an ce with which an Indian trib e rnay- 3 '1(i) voluntaril y rescind a tribal energy 4 1?esou1?ce agreement approved by th e Sec- 5 retar y und er this subsection ; and 6 "( ii ) return to th e Secretar y th e re- 7 sponsjbili.ty to approve any futur e leases, 8 l.msiness agreen-ients, and right s-of-way de- 9 scribed in thi s subsection; 10 " (C) provisions settin g forth the scope of, 11 and procedur es fo1?, th e periodic review and 12 evaluat ion described in subpar agraph s (D) and 13 (E) of para gTaph (2), including provisions for 14 review of tran saction s, report s, site inspectjon s, 15 and any other review activities th e Secretar y 16 det ermin es to be appropriat e; and 17 " (D) provisions defining final agency ac- 18 tion s aft er exhau stion of admini strati ve appeals 19 from determinati ons of th e Secretar y und er 20 paragraph (7). 21 T ON 0THEl t LA\V.- Nothing in thi s " (f) No E1,-i1,-,l!JC 22 section affects th e applica tion of23 " (1) any F ederal environment la:w; 24 " (2) th e Surfa ce .Mining Control and R-cclama- 25 tion Act of 1977 (30 U.S.C. 1201 ct seq.); or oHR 6 EH AMERICA!\ pVERSIGHT 201 CEQ050 FY18091_000000439 CEQ-18-0173-C-000239 199 1' (B) a pr?ocess and requfrernent s in accord- 1 2 an ce with which an Indian trib e rnay- 3 '1(i) voluntaril y rescind a tribal energy 4 1?esou1?ce agreement approved by th e Sec- 5 retar y und er this subsection ; and 6 "( ii ) return to th e Secretar y th e re- 7 sponsjbili.ty to approve any futur e leases, 8 l.msiness agreen-ients, and right s-of-way de- 9 scribed in thi s subsection; 10 " (C) provisions settin g forth the scope of, 11 and procedur es fo1?, th e periodic review and 12 evaluat ion described in subpar agraph s (D) and 13 (E) of para gTaph (2), including provisions for 14 review of tran saction s, report s, site inspectjon s, 15 and any other review activities th e Secretar y 16 det ermin es to be appropriat e; and 17 " (D) provisions defining final agency ac- 18 tion s aft er exhau stion of admini strati ve appeals 19 from determinati ons of th e Secretar y und er 20 paragraph (7). 21 T ON 0THEl t LA\V.- Nothing in thi s " (f) No E1,-i1,-,l!JC 22 section affects th e applica tion of23 " (1) any F ederal environment la:w; 24 " (2) th e Surfa ce .Mining Control and R-cclama- 25 tion Act of 1977 (30 U.S.C. 1201 ct seq.); or oHR 6 EH AMERICA!\ pVERSIGHT 201 CEQ050 FY18091_000000439 CEQ-18-0173-C-000239 200 1 "(3) except as otherwise provided m thi.s tit le, 2 th e Indian Minera l Development Act of 1982 (25 3 U.S .C. 2101 ct seq.) and the National Environ- 4 mental Policy Act of 1969 (42 U.S .C. 4321 ct seq.). 5 "(g) AU'l'IIORIZA'i'ION OF APPROPRIATIONS. - rfh c rc 6 are authoriz ed to be approp riated to the Secretary such 7 sums as are necessaiy for each of fiscal years 2006 8 through 2016 to implement th e prmrisions of this section 9 and to make grants or provide other approp riat e assist10 ancc to Indi an trib es to assist the In dian tribes in dcvcl11 oping and implementin g tribal energy rcsouTcc agreements 12 in accord ance ' "rith the prmri.sions of thi.s section. 13 "SEC. 2605. INDIAN MINERAL DEVELOPMENT REVIEW. 14 "(a) IN GENETUL.-' rh e Secreta ry shall conduct a 15 review of anactivities being conducted und er the Indian 16 Minera l Development Act of 1982 (25 U.S.C . 2101 et 17 seq.) as of that dat e. 18 "(b) REPORT.-Not later tha n 1 year after the dat e 19 of enactment of the Indian rrr ibal En ergy Development 20 and Self-Determination Act of 2005, the Secretary shall 21 submit to Congress a report that includes22 ''( l ) the results of th e re,rievv; 23 "(2) recommendatio ns to ensur e that Indian 24 trib es have th e opportun ity to develop Indian energy 25 resour ces? and ' oHR 6 EH AMERICA!\ pVERSIGHT 202 CEQ050FY18091 _000000439 CEQ-18-0173-C-000240 200 1 "(3) except as otherwise provided m thi.s tit le, 2 th e Indian Minera l Development Act of 1982 (25 3 U.S .C. 2101 ct seq.) and the National Environ- 4 mental Policy Act of 1969 (42 U.S .C. 4321 ct seq.). 5 "(g) AU'l'IIORIZA'i'ION OF APPROPRIATIONS. - rfh c rc 6 are authoriz ed to be approp riated to the Secretary such 7 sums as are necessaiy for each of fiscal years 2006 8 through 2016 to implement th e prmrisions of this section 9 and to make grants or provide other approp riat e assist10 ancc to Indi an trib es to assist the In dian tribes in dcvcl11 oping and implementin g tribal energy rcsouTcc agreements 12 in accord ance ' "rith the prmri.sions of thi.s section. 13 "SEC. 2605. INDIAN MINERAL DEVELOPMENT REVIEW. 14 "(a) IN GENETUL.-' rh e Secreta ry shall conduct a 15 review of anactivities being conducted und er the Indian 16 Minera l Development Act of 1982 (25 U.S.C . 2101 et 17 seq.) as of that dat e. 18 "(b) REPORT.-Not later tha n 1 year after the dat e 19 of enactment of the Indian rrr ibal En ergy Development 20 and Self-Determination Act of 2005, the Secretary shall 21 submit to Congress a report that includes22 ''( l ) the results of th e re,rievv; 23 "(2) recommendatio ns to ensur e that Indian 24 trib es have th e opportun ity to develop Indian energy 25 resour ces? and ' oHR 6 EH AMERICA!\ pVERSIGHT 202 CEQ050FY18091 _000000439 CEQ-18-0173-C-000240 201 1 "(3) an analysis of the barri ers to th e develop- 2 ment of energy resources on Indian land (including 3 legal, fiscal, mark et, and other barri ers), along with 4 recommendati on s for the removal of those barri ers. 5 "SEC. 2606. FEDERAL POWER MARKETING ADMINISTRA- 6 7 TIONS. "( a) DEifJNI'l'l0NS.-ln this section: 8 "( 1) 'rh e term 'Adn1inistrator ' means the Ad- 9 ministrat or of th e Bonneville Pov1rcr Administ ra tion 10 and the Administ rator of the ,? cstcrn 1\r ca Power 11 Administ rat ion. 12 "(2) 13 tion ' means- rrhc t erm 'power marketin g adrninistra - 14 "( A) the Bonnev ille Power Administrati on; 15 "(B) th e vVester n Area Povver Ad ministra- 16 tion; and 17 " (C) any other power admin istration the 18 power allocat ion of which is used by or for the 19 benefit of an In dian trib e located in the service 20 ar ea of the administration . 21 "(b) E NCOURAGEl\ lE NT OF' I NDIAN rr 1ul3A L E NBROY 22 D EVEJJ0PMEN'l'.-Eac h Administra tor shall encour age In23 dian tribal energy development by ta king such actions as 24 ar c approp riat e, including adm inistrati on of programs of 25 th e Bonneville P ower Administ rat ion and the vVcstc rn oHR 6 EH AMERICA!\ pVERSIGHT 203 CEQ050FY18091 _000000439 CEQ-18-0173-C-000241 201 1 "(3) an analysis of the barri ers to th e develop- 2 ment of energy resources on Indian land (including 3 legal, fiscal, mark et, and other barri ers), along with 4 recommendati on s for the removal of those barri ers. 5 "SEC. 2606. FEDERAL POWER MARKETING ADMINISTRA- 6 7 TIONS. "( a) DEifJNI'l'l0NS.-ln this section: 8 "( 1) 'rh e term 'Adn1inistrator ' means the Ad- 9 ministrat or of th e Bonneville Pov1rcr Administ ra tion 10 and the Administ rator of the ,? cstcrn 1\r ca Power 11 Administ rat ion. 12 "(2) 13 tion ' means- rrhc t erm 'power marketin g adrninistra - 14 "( A) the Bonnev ille Power Administrati on; 15 "(B) th e vVester n Area Povver Ad ministra- 16 tion; and 17 " (C) any other power admin istration the 18 power allocat ion of which is used by or for the 19 benefit of an In dian trib e located in the service 20 ar ea of the administration . 21 "(b) E NCOURAGEl\ lE NT OF' I NDIAN rr 1ul3A L E NBROY 22 D EVEJJ0PMEN'l'.-Eac h Administra tor shall encour age In23 dian tribal energy development by ta king such actions as 24 ar c approp riat e, including adm inistrati on of programs of 25 th e Bonneville P ower Administ rat ion and the vVcstc rn oHR 6 EH AMERICA!\ pVERSIGHT 203 CEQ050FY18091 _000000439 CEQ-18-0173-C-000241 202 1 Area Pm ver Administration, in accorda nce with thi s sec- 2 tion. 3 "(c) ACTION BY TUE ADI\IINJSTRATOR. - In carrying 4 out this section, and in accordance with existing law- 5 "(1) each Administrator shall consider the 6 uniqu e rela tionship that e>.. 'ists between t he Unit ed 7 States and Indian trib es; 8 "(2) power al1ocations from th e \J\Teste rn Area 9 Power Administration to Indian tribe s may be u sed 10 to meet finn ing and reserve needs of Indian -owned 11 energy projects on Indian land; 12 "(3) th e Administrator of th e vVestern Area 13 Pmver Administ ration may pur cha se non-federa lly 14 generat ed power from Indian trib es to meet the 15 finnin g and reserve requir ement s of the \i\Tester11 16 Area Power Ad1ninist ration ; and 17 " (4) each Administrato r shall not pay more 18 than t he pr evailing market price for an energy procl- 19 uct nor obtain less than pr evailing mai ?ket terms and 20 conditi ons. 21 "( cl) 22 Usg.-(1) ASS ISTANCE F'OR rl1RANSMISSIO N SYS'l'JDM ..A.11 Administrator may provid e technical ass ist - 23 a.n ee to Indian tr ibes seeking to use t he high-voltag e trans 24 mission system for delivery of electr ic power. oHR 6 EH AMERICA!\ pVERSIGHT 204 CEQ050FY18091 _000000439 CEQ-18-0173-C-000242 202 1 Area Pm ver Administration, in accorda nce with thi s sec- 2 tion. 3 "(c) ACTION BY TUE ADI\IINJSTRATOR. - In carrying 4 out this section, and in accordance with existing law- 5 "(1) each Administrator shall consider the 6 uniqu e rela tionship that e>.. 'ists between t he Unit ed 7 States and Indian trib es; 8 "(2) power al1ocations from th e \J\Teste rn Area 9 Power Administration to Indian tribe s may be u sed 10 to meet finn ing and reserve needs of Indian -owned 11 energy projects on Indian land; 12 "(3) th e Administrator of th e vVestern Area 13 Pmver Administ ration may pur cha se non-federa lly 14 generat ed power from Indian trib es to meet the 15 finnin g and reserve requir ement s of the \i\Tester11 16 Area Power Ad1ninist ration ; and 17 " (4) each Administrato r shall not pay more 18 than t he pr evailing market price for an energy procl- 19 uct nor obtain less than pr evailing mai ?ket terms and 20 conditi ons. 21 "( cl) 22 Usg.-(1) ASS ISTANCE F'OR rl1RANSMISSIO N SYS'l'JDM ..A.11 Administrator may provid e technical ass ist - 23 a.n ee to Indian tr ibes seeking to use t he high-voltag e trans 24 mission system for delivery of electr ic power. oHR 6 EH AMERICA!\ pVERSIGHT 204 CEQ050FY18091 _000000439 CEQ-18-0173-C-000242 203 1 "(2) rrh e costs of techni cal assistance provided und er 2 paragraph (1) shall be fund ed by the Secretary of Energy 3 u sing non.reimbur sable funds appropriated for that pur4 pose, or by th e applicab le Indi an trib es. 5 "(e) PO\\TERALLOCA'fIONS'l'UDY.- Not latc1? than 2 6 year s after th e dat e of ena ctm ent of the Indi an rrribal En7 ergy Development and Self-Determinati on Act of 200 5, 8 th e Secretary of En ergy sha1l submit to Congress a report 9 that10 "( I) describes the use by Indian trib es of F ed- 11 cral power allocation s of the vVcstcrn Arca Pow er 12 Administ ration (or power sold by the Southwestern 13 Pmver Admini stration) 14 Adrnirust ration to or for the benefit of Indian trib es 15 in service areas of those admini stration s; and 16 and the Bonneville Pm-ver "(2) identifi es- 17 "(A ) the quantit y of power allocated to, or 18 used for the benefit of, Indian tribes by the 19 'N cstcrn Arca P ower Admin ist rati on ; 20 "( B) the quantity of pm,vcr sold to Indian 21 trib es by other power mar ketin g adrninistra - 22 tion s; and 23 "(C) barriers that imp ede tr ibal access to 24 and use of Federal power, includin g an asscss - 25 mcnt of opportuni ties to remove those barric 1?s oHR 6 EH AMERICA!\ pVERSIGHT 205 CEQ050FY18091 _000000439 CEQ-18-0173-C-000243 203 1 "(2) rrh e costs of techni cal assistance provided und er 2 paragraph (1) shall be fund ed by the Secretary of Energy 3 u sing non.reimbur sable funds appropriated for that pur4 pose, or by th e applicab le Indi an trib es. 5 "(e) PO\\TERALLOCA'fIONS'l'UDY.- Not latc1? than 2 6 year s after th e dat e of ena ctm ent of the Indi an rrribal En7 ergy Development and Self-Determinati on Act of 200 5, 8 th e Secretary of En ergy sha1l submit to Congress a report 9 that10 "( I) describes the use by Indian trib es of F ed- 11 cral power allocation s of the vVcstcrn Arca Pow er 12 Administ ration (or power sold by the Southwestern 13 Pmver Admini stration) 14 Adrnirust ration to or for the benefit of Indian trib es 15 in service areas of those admini stration s; and 16 and the Bonneville Pm-ver "(2) identifi es- 17 "(A ) the quantit y of power allocated to, or 18 used for the benefit of, Indian tribes by the 19 'N cstcrn Arca P ower Admin ist rati on ; 20 "( B) the quantity of pm,vcr sold to Indian 21 trib es by other power mar ketin g adrninistra - 22 tion s; and 23 "(C) barriers that imp ede tr ibal access to 24 and use of Federal power, includin g an asscss - 25 mcnt of opportuni ties to remove those barric 1?s oHR 6 EH AMERICA!\ pVERSIGHT 205 CEQ050FY18091 _000000439 CEQ-18-0173-C-000243 204 1 and improve th e ability of pm,ver rnark ebn g ad- 2 ministrati ons to deliver F ederal pmver. 3 "(f) AU 'l'IIORIZ ATIO N OF A.PPROPRIATION S .- Th ere 4 arc authoriz ed to be appropriat ed to carry out thi s section nd ed and 5 $750, 00 0, Vi'hich shall remain available until C}q)e 6 shall not be reimbursable ." . 7 (b) CONF'ORlV IING .A.MENDMEN'r.-rfhe tabl e of con- 8 tent s for the En ergy Policy Act of ] 992 is amen ded by 9 striking the items relating to tit le XXVI (other than the 10 titl e heading) and insertin g the follO'wing: '?Sec. "See. "Se c. "Sec. 2601. D efinition s. 2602. I ndian tribal cnerg_-vrcsorn?ec dm?elopmcnt. 2603. Indian t ribal cn crg_Yrcsom?cc regulati on . 260 --1. .Leas es, bnsincss agr eements, and rights -of-wa,v involvin g? rne rg_v deYeloprncnt or tnrnsmi ss ion. "Sc0rt Contro l Act (22 19 U .S.C . 2780(d)) to have repeatedly p1?ovidcd support for 20 acts of int ernational terrorism) . This subsect ion shall not 21 apply to nuclear incidents occurring as a result of mis22 sions, carried out und er th e direction of th e Secretary of 23 En ergy, the Secreta ry of Defense, or the Secretary of 24 Stat e, that are necessary to safely secure, store, transport, oHR 6 EH AMERICA!\ pVERSIGHT 213 CEQ050FY18091_000000439 CEQ-18-0173-C-000251 211 1 contra ct or other arrangement, or into any amendment or 2 modification of a contract or other arrangement, the pur3 pose or effect of which would be to directly or indir ectly 4 impoRe liability on the United States Government, or any 5 departm ent, agency, or instrum entali ty of the Unit ed 6 States Governm ent , or to otherwise dir ectly or indire ctly 7 requir e an indemnity by the United States Government, 8 for nuclear incident s occurring in connection wW1 th e de9 sign, construction, or operation of a production facility or 10 utilizati on facility in any countr y whose government has 11 been identified by the Secretary of State as engaged in 12 stat e sponsorship of terrorist activ ities (specificalJy inc]ucl13 ing any country the government of which, as of September 14 l 1, 2001, had been determin ed by the Secretary of State 15 und er section 620A(a) of th e Foreign Assistance Act of 16 1961 (22 U.S.C. 237 1(a)), section 6(j)(l) of the EA'})Ort 17 Administration Act of 1979 (50 U.S.C. App. 2405(j)( l) ), 18 or section 40(d) of the Arms EJq:>0rt Contro l Act (22 19 U .S.C . 2780(d)) to have repeatedly p1?ovidcd support for 20 acts of int ernational terrorism) . This subsect ion shall not 21 apply to nuclear incidents occurring as a result of mis22 sions, carried out und er th e direction of th e Secretary of 23 En ergy, the Secreta ry of Defense, or the Secretary of 24 Stat e, that are necessary to safely secure, store, transport, oHR 6 EH AMERICA!\ pVERSIGHT 213 CEQ050FY18091_000000439 CEQ-18-0173-C-000251 212 1 or remove nuclear materia ls for nuclear safety or non- 2 proliferation purpo ses." . 3 SEC. 611. CIVIL PENALTIES. 4 (a) REPEAL OF AUTOl\i[A'l'IC REl\IIS SION.-Sect ion 5 234:A_b.(2) of the Atomic En ergy Act of 1954 (42 U.S .C. 6 2282a(b)(2)) is amended by striking the la.st sent ence. 7 (b) LITHI'l'A'l'ION l<'OR NO T-F'OR-PROIo IT l NST l'l' U- 8 'l'IONS.-Subsect ion d. of section 234.A of the Atomic En- 9 ergy Act of 1954 (42 U .S.C. 2282a(d)) is amended to read 10 as follows: 11 "d.(1) Notwithstanding subsect ion a ., in the case of 12 any not-for-profit contra ctor, subcontra ctor, or supplier , 13 the total amount of civil penalti es paid und er subsection 14 a. may not exceed th e tota l amount of fees paid within 15 any I-year period (as determined by the Secretary) und er 16 th e contract und er which the violation occurs. 17 ''(2) Fo r purpo ses of this section, the term 'not-for- 18 profit' means that no part of th e net earning s of the con19 tra ctor , subcontra ctor , or supplier inur es to the benefit of 20 any natural person or for-profit ar tificial person." . 21 (c) EF'1,~Ec'r1vE DATE.-rrh c amendm ents made by 22 tr1is section shall not apply to any violation of the Atomic 23 Energy Act of 1954 (42 U.S.C. 2011 et seq.) occurring 24 under a contra ct ente red into before the dat e of ena ctm ent 25 of this section . oHR 6 EH AMERICA!\ pVERSIGHT 214 CEQ050 FY18091_000000439 CEQ-18-0173-C-000252 212 1 or remove nuclear materia ls for nuclear safety or non- 2 proliferation purpo ses." . 3 SEC. 611. CIVIL PENALTIES. 4 (a) REPEAL OF AUTOl\i[A'l'IC REl\IIS SION.-Sect ion 5 234:A_b.(2) of the Atomic En ergy Act of 1954 (42 U.S .C. 6 2282a(b)(2)) is amended by striking the la.st sent ence. 7 (b) LITHI'l'A'l'ION l<'OR NO T-F'OR-PROIo IT l NST l'l' U- 8 'l'IONS.-Subsect ion d. of section 234.A of the Atomic En- 9 ergy Act of 1954 (42 U .S.C. 2282a(d)) is amended to read 10 as follows: 11 "d.(1) Notwithstanding subsect ion a ., in the case of 12 any not-for-profit contra ctor, subcontra ctor, or supplier , 13 the total amount of civil penalti es paid und er subsection 14 a. may not exceed th e tota l amount of fees paid within 15 any I-year period (as determined by the Secretary) und er 16 th e contract und er which the violation occurs. 17 ''(2) Fo r purpo ses of this section, the term 'not-for- 18 profit' means that no part of th e net earning s of the con19 tra ctor , subcontra ctor , or supplier inur es to the benefit of 20 any natural person or for-profit ar tificial person." . 21 (c) EF'1,~Ec'r1vE DATE.-rrh c amendm ents made by 22 tr1is section shall not apply to any violation of the Atomic 23 Energy Act of 1954 (42 U.S.C. 2011 et seq.) occurring 24 under a contra ct ente red into before the dat e of ena ctm ent 25 of this section . oHR 6 EH AMERICA!\ pVERSIGHT 214 CEQ050 FY18091_000000439 CEQ-18-0173-C-000252 213 1 SEC. 612. FINANCIAL ACCOUNTABILITY. 2 (a) A.MENDiVmN'r.-S ccti on 170 of th e Atom ic En- 3 ergy Act of 1954 (42 U .S.C. 2210) is amended by add ing 4 at th e end the folJowing new sub section: 5 "v . FI NA.1 'JC IAL A CCOUN'l'AB ILI 'l'Y. -( 1) Notwit h- 6 st anding sub section d. , th e Attorney General may bring 7 an action in the appropriat e U nitccl States dist ri ct cour t 8 to recover fr om a contra ctor of th e Secretary (or subcon9 tr actor or suppli er of su ch con tractor) a mount s paid by 10 th e F ederal Goven 1ment und er an agr eement of ind em11 nification rmder subsect ion d . for pub lic liability r esuJting 12 from condu ct which cons titut es int entional miscondu ct of 13 any corporate officer, mana ger, or sup erint end ent of such 14 contra ctor ( or subcontra ct or or supplier of such con15 tra cto1?) . 16 "(2) ,.rh e Attorn ey General may recover und er 17 para gr aph (1) an amount not to exceed th e amount 18 of th e profit der ived by the defendant from th e con- 19 tr act . 20 "(3) No amount recovered from any contra ctor 21 (or subcont ractor or suppli er of such contra ctor) 22 und er paragraph 23 indir ectly by the Depa r tm ent of En ergy. (1) may be r eimbur sed directly or 24 "(4) Para.graph (1) sha ll not apply to any non- 25 pr ofit entit y condu ctin g activities und er contr act for 26 th e Secr eta ry . oHR 6 EH AMERICA!\ pVERSIGHT 215 CEQ050FY18091 _000000439 CEQ-18-0173-C-000253 213 1 SEC. 612. FINANCIAL ACCOUNTABILITY. 2 (a) A.MENDiVmN'r.-S ccti on 170 of th e Atom ic En- 3 ergy Act of 1954 (42 U .S.C. 2210) is amended by add ing 4 at th e end the folJowing new sub section: 5 "v . FI NA.1 'JC IAL A CCOUN'l'AB ILI 'l'Y. -( 1) Notwit h- 6 st anding sub section d. , th e Attorney General may bring 7 an action in the appropriat e U nitccl States dist ri ct cour t 8 to recover fr om a contra ctor of th e Secretary (or subcon9 tr actor or suppli er of su ch con tractor) a mount s paid by 10 th e F ederal Goven 1ment und er an agr eement of ind em11 nification rmder subsect ion d . for pub lic liability r esuJting 12 from condu ct which cons titut es int entional miscondu ct of 13 any corporate officer, mana ger, or sup erint end ent of such 14 contra ctor ( or subcontra ct or or supplier of such con15 tra cto1?) . 16 "(2) ,.rh e Attorn ey General may recover und er 17 para gr aph (1) an amount not to exceed th e amount 18 of th e profit der ived by the defendant from th e con- 19 tr act . 20 "(3) No amount recovered from any contra ctor 21 (or subcont ractor or suppli er of such contra ctor) 22 und er paragraph 23 indir ectly by the Depa r tm ent of En ergy. (1) may be r eimbur sed directly or 24 "(4) Para.graph (1) sha ll not apply to any non- 25 pr ofit entit y condu ctin g activities und er contr act for 26 th e Secr eta ry . oHR 6 EH AMERICA!\ pVERSIGHT 215 CEQ050FY18091 _000000439 CEQ-18-0173-C-000253 214 1 "(5) No ,vaiver of a defense requir ed und er th is 2 section shall pr event a defendant from assert ing 3 such defense in an action b1?ought und er this sub- 4 secti on. 5 ('(6) The Secreta ry shall, by rule, define the 6 terms 'profit' and 'nonprofit entit y' for purpo ses of 7 thi s sub section. Such ruJcmak ing shall be completed 8 not later than 180 days after th e date of the ena ct- 9 ment of this subsection." . 10 (b) EFFECTIVE DATE.- rrh e amendment made by 11 thi s section shall not apply to any agreement of indem- 12 nification entered into und er section 170 d. of the Atomic 13 En ergy Act of 1954 (42 U .S.C. 2210(d)) before th e date 14 of th e enactment of this Act. 15 16 17 18 Subtitle B-General Matters Nuclear SEC. 621. LICEN SES. Section 103 c. of th e Atomic En ergy Act of 1954 (42 19 U .S.C . 2133(c)) is amended by insertin g ((from th e au - 20 thorization to commence operatio ns" after '(forty years" . 21 SEC . 622. NRC TRAIN ING PR OGRAM. 22 (a) IN GENERAL.- l n order to maintai n the human 23 resource investment and infrastructure of the United 24 States in th e nuclear sciences, health physics , and cngi25 ncering fields, in accordan ce with the statu tory auth oriti es oHR 6 EH AMERICA!\ pVERSIGHT 216 CEQ050FY18091 _000000439 CEQ-18-0173-C-000254 214 1 "(5) No ,vaiver of a defense requir ed und er th is 2 section shall pr event a defendant from assert ing 3 such defense in an action b1?ought und er this sub- 4 secti on. 5 ('(6) The Secreta ry shall, by rule, define the 6 terms 'profit' and 'nonprofit entit y' for purpo ses of 7 thi s sub section. Such ruJcmak ing shall be completed 8 not later than 180 days after th e date of the ena ct- 9 ment of this subsection." . 10 (b) EFFECTIVE DATE.- rrh e amendment made by 11 thi s section shall not apply to any agreement of indem- 12 nification entered into und er section 170 d. of the Atomic 13 En ergy Act of 1954 (42 U .S.C. 2210(d)) before th e date 14 of th e enactment of this Act. 15 16 17 18 Subtitle B-General Matters Nuclear SEC. 621. LICEN SES. Section 103 c. of th e Atomic En ergy Act of 1954 (42 19 U .S.C . 2133(c)) is amended by insertin g ((from th e au- 20 thorization to commence operatio ns" after '(forty years" . 21 SEC . 622. NRC TRAIN ING PR OGRAM. 22 (a) IN GENERAL.- l n order to maintai n the human 23 resource investment and infrastructure of the United 24 States in th e nuclear sciences, health physics , and cngi25 ncering fields, in accordan ce with the statu tory auth oriti es oHR 6 EH AMERICA!\ pVERSIGHT 216 CEQ050FY18091 _000000439 CEQ-18-0173-C-000254 215 1 of the Nuclear Regulatory Commission relating to the ci2 ,ril ian nuclear energy program, th e Nuclear Regulator y 3 Commission shall can~y out a training and fellowship pro4 gram to address shortages of individual s ?with criti cal nu- 5 clear safety regulatory skills. 6 (b) Al 'l'Il 01{I ZA'l'l0 N OJi' APPHOPRIJ\TIONS.- 7 (1) IN GE r ERAI.J.-rrhere ar e authorized to be 8 appropriated to the Nuclear Regulator y Conunission 9 to carr y out thi s section $1,000, 000 for each of fis- 10 cal years 2005 through 2009 . 11 (2) AVAILABILI'l'Y. - Fund s made available 12 und er para graph (1) shall remain avaiJable until ex- 13 pended. 14 SEC. 62 3. COST RECOVERY FROM GOVERNMENT AGENCIES . 15 Section 161 w. of the Atomjc En ergy Act of J 954 16 (42 U.S .C. 220 1(w)) is amended- 17 (] ) by striking "for or is issued " and all that 18 follows through " 1702" and inserting "to the Com- 19 mission for, or is issued by t he Commission, a li- 20 cense or certifi cate"; 21 22 (2) by strikin g "483a" and insertin g " 9701 "; and 23 24 (3) by striking ", of applicants for, or holders of, such licenses or cel'tificates" . oHR 6 EH AMERICA!\ pVERSIGHT 217 CEQ050 FY18091_000000439 CEQ-18-0173-C-000255 215 1 of the Nuclear Regulatory Commission relating to the ci2 ,ril ian nuclear energy program, th e Nuclear Regulator y 3 Commission shall can~y out a training and fellowship pro4 gram to address shortages of individual s ?with criti cal nu- 5 clear safety regulatory skills. 6 (b) Al 'l'Il 01{I ZA'l'l0 N OJi' APPHOPRIJ\TIONS.- 7 (1) IN GE r ERAI.J.-rrhere ar e authorized to be 8 appropriated to the Nuclear Regulator y Conunission 9 to carr y out thi s section $1,000, 000 for each of fis- 10 cal years 2005 through 2009 . 11 (2) AVAILABILI'l'Y. - Fund s made available 12 und er para graph (1) shall remain avaiJable until ex- 13 pended. 14 SEC. 62 3. COST RECOVERY FROM GOVERNMENT AGENCIES . 15 Section 161 w. of the Atomjc En ergy Act of J 954 16 (42 U.S .C. 220 1(w)) is amended- 17 (] ) by striking "for or is issued " and all that 18 follows through " 1702" and inserting "to the Com- 19 mission for, or is issued by t he Commission, a li- 20 cense or certifi cate"; 21 22 (2) by strikin g "483a" and insertin g " 9701 "; and 23 24 (3) by striking ", of applicants for, or holders of, such licenses or cel'tificates" . oHR 6 EH AMERICA!\ pVERSIGHT 217 CEQ050 FY18091_000000439 CEQ-18-0173-C-000255 216 1 2 SEC. 624. ELIMINATION OF PENSION OFFS ET. Section 161 of the Atomic En er gy Act of 195 4 (42 3 U.S.C. 2201) is amended by adding at th e end th e fol4 lo-w1n g: 5 "y . Ex empt from th e appli cat ion of sections 8344 and 6 846 8 of title 5, Unit ed States Code, an annuitant ' "'ho ?was 7 formerly an employee of the Commission who is hir ed by 8 th e Commission as a consultant , if the Comrniss1011finds 9 that th e ann ujtant ha s a ski11that is criti cal to th e per10 formance of th e duti es of th e Conimission. " . 11 12 SE C. 625 . ANTITRUST REVIEW. Section 105 c. of the Atomic En erg y Act of 19 54 ( 42 13 U .S.C . 2135(c)) is amended by adding at th e end the fol14 lowing: 15 "(9) APPLICABILITY.- Thi s subsection does not 16 apply to an app licatio n for a license to constru ct or oper17 ate a utili zation facility or produ ction facility und er sec18 tion 103 or l 04 b. th at is filed on or afte r the date of 19 ena ctrn.ent of thi s para graph. ''. 20 21 SEC. 626. DECOMMISSIONIN G. Section 16 1 i. of the Atomic En ergy Act of 1954 ( 42 22 U .S.C. 2201(i)) is amended23 24 (1) by st rikin g "a nd (3)" and insert ing "(3)"; and 25 (2) by inser tin g before th e semicolon at th e end 26 th e following: ", and (4) to ensur e th at sufficient oHR 6 EH AMERICA!\ pVERSIGHT 218 CEQ050 FY18091_000000439 CEQ-18-0173-C-000256 216 1 2 SEC. 624. ELIMINATION OF PENSION OFFS ET. Section 161 of the Atomic En er gy Act of 195 4 (42 3 U.S.C. 2201) is amended by adding at th e end th e fol4 lo-w1n g: 5 "y . Ex empt from th e appli cat ion of sections 8344 and 6 846 8 of title 5, Unit ed States Code, an annuitant ' "'ho ?was 7 formerly an employee of the Commission who is hir ed by 8 th e Commission as a consultant , if the Comrniss1011finds 9 that th e ann ujtant ha s a ski11that is criti cal to th e per10 formance of th e duti es of th e Conimission. " . 11 12 SE C. 625 . ANTITRUST REVIEW. Section 105 c. of the Atomic En erg y Act of 19 54 ( 42 13 U .S.C . 2135(c)) is amended by adding at th e end the fol14 lowing: 15 "(9) APPLICABILITY.- Thi s subsection does not 16 apply to an app licatio n for a license to constru ct or oper17 ate a utili zation facility or produ ction facility und er sec18 tion 103 or l 04 b. th at is filed on or afte r the date of 19 ena ctrn.ent of thi s para graph. ''. 20 21 SEC. 626. DECOMMISSIONIN G. Section 16 1 i. of the Atomic En ergy Act of 1954 ( 42 22 U .S.C. 2201(i)) is amended23 24 (1) by st rikin g "a nd (3)" and insert ing "(3)"; and 25 (2) by inser tin g before th e semicolon at th e end 26 th e following: ", and (4) to ensur e th at sufficient oHR 6 EH AMERICA!\ pVERSIGHT 218 CEQ050 FY18091_000000439 CEQ-18-0173-C-000256 217 1 fund s "'~11 be avaiJab]e for th e decomn1issioning of 2 any pr oduction or ut ilizat ion facility licensed und er 3 section 103 or 104 b., including sta ndard s and re- 4 st riction s governing th e control , maintenance, use, 5 and disbur sement by any former licensee under this 6 Act th at has control over any ftmd for the decom- 7 missioning of th e facility''. 8 9 SEC. 627. LIMITATION ON LEGAL FEE REIMBURSEMENT. Title II of the En ergy Reorganization Act of 1974 10 (42 U.S .C. 584 1 ct seq.) is amended by adding at the end 11 the following new section: 12 13 " Lil\IIT ATION ON LEGAL FEE REIMBURSEMEN T ''SEC . 212. rrhe Depart ment of Energy shall not, ex- 14 cept as required und er a contract entered int o before th e 15 dat e of ena ctment of thi s section, reimburse any con16 tr actor or subcontr actor of the Departm ent for any legal 17 fees or e::\..rpe nses incurr ed with respect to a complaint sub18 sequent to- 19 "( 1) an adverse determination on th e merits 20 with respect to such complaint against the con - 21 tractor or subcontra ctor by th e Dir ector of the De- 22 partm ent of Energy's Office of Hearings and Ap- 23 peals pur suant to part 708 of title 10, Code of F ed- 24 eral Regulations, or by a Department of Labor Ad- 25 ministr at ive Law Jud ge pur suant to section 211 of 26 thi s Act ? or ' oHR 6 EH AMERICA!\ pVERSIGHT 219 CEQ050FY18091 _000000439 CEQ-18-0173-C-000257 217 1 fund s "'~11 be avaiJab]e for th e decomn1issioning of 2 any pr oduction or ut ilizat ion facility licensed und er 3 section 103 or 104 b., including sta ndard s and re- 4 st riction s governing th e control , maintenance, use, 5 and disbur sement by any former licensee under this 6 Act th at has control over any ftmd for the decom- 7 missioning of th e facility''. 8 9 SEC. 627. LIMITATION ON LEGAL FEE REIMBURSEMENT. Title II of the En ergy Reorganization Act of 1974 10 (42 U.S .C. 584 1 ct seq.) is amended by adding at the end 11 the following new section: 12 13 " Lil\IIT ATION ON LEGAL FEE REIMBURSEMEN T ''SEC . 212. rrhe Depart ment of Energy shall not, ex- 14 cept as required und er a contract entered int o before th e 15 dat e of ena ctment of thi s section, reimburse any con16 tr actor or subcontr actor of the Departm ent for any legal 17 fees or e::\..rpe nses incurr ed with respect to a complaint sub18 sequent to- 19 "( 1) an adverse determination on th e merits 20 with respect to such complaint against the con - 21 tractor or subcontra ctor by th e Dir ector of the De- 22 partm ent of Energy's Office of Hearings and Ap- 23 peals pur suant to part 708 of title 10, Code of F ed- 24 eral Regulations, or by a Department of Labor Ad- 25 ministr at ive Law Jud ge pur suant to section 211 of 26 thi s Act ? or ' oHR 6 EH AMERICA!\ pVERSIGHT 219 CEQ050FY18091 _000000439 CEQ-18-0173-C-000257 218 1 "(2) an adverse final jud gment by any State or 2 FederaJ court with respect to such complaint against 3 the contr actor or subcontra ctor for wrongful termi- 4 nation or reta liation due to the making of disclo- 5 sur es pr otecte d und er chapter 12 of title 5, Unit ed 6 States Code, section 211 of this Act, or any com- 7 parab le Sta te la;w, 8 unless the adverse deter mination or final jud g ment is re9 versed upon further administrative or jud icial revievv." . 10 SEC. 629. REPORT ON FEASIBILITY OF DEVELOPING COM11 MERCIAL NUCLEAR 12 FACILITIES AT EXISTING DEPARTMENT OF 13 ENERGY SITES. ENERGY GENERATION Not later than 1 year after th e dat e of the ena ctm ent 14 15 of this Act , the Secretary of En ergy shall submit to Con16 gress a report on th e feasibility of developing commercial 17 nuclear energy generation facilities at Departm ent of En18 ergy sit es in existence on the dat e of enactment of th is 19 Act. 20 21 SEC. 630. URANIUM SALES. (a) SAJJES, 'l1HJ\NSFEH,S, AND SERVlCIDS.- Section 22 3112 of the USE C Privati zation Act (42 U.S.C. 22971123 10) is amended by strikin g subsections (d), (e), and (f) 24 and insertin g th e following: oHR 6 EH AMERICA!\ pVERSIGHT 220 CEQ050FY18091 _000000439 CEQ-18-0173-C-000258 218 1 "(2) an adverse final jud gment by any State or 2 FederaJ court with respect to such complaint against 3 the contr actor or subcontra ctor for wrongful termi- 4 nation or reta liation due to the making of disclo- 5 sur es pr otecte d und er chapter 12 of title 5, Unit ed 6 States Code, section 211 of this Act, or any com- 7 parab le Sta te la;w, 8 unless the adverse deter mination or final jud g ment is re9 versed upon further administrative or jud icial revievv." . 10 SEC. 629. REPORT ON FEASIBILITY OF DEVELOPING COM11 MERCIAL NUCLEAR 12 FACILITIES AT EXISTING DEPARTMENT OF 13 ENERGY SITES. ENERGY GENERATION Not later than 1 year after th e dat e of the ena ctm ent 14 15 of this Act , the Secretary of En ergy shall submit to Con16 gress a report on th e feasibility of developing commercial 17 nuclear energy generation facilities at Departm ent of En18 ergy sit es in existence on the dat e of enactment of th is 19 Act. 20 21 SEC. 630. URANIUM SALES. (a) SAJJES, 'l1HJ\NSFEH,S, AND SERVlCIDS.- Section 22 3112 of the USE C Privati zation Act (42 U.S.C. 22971123 10) is amended by strikin g subsections (d), (e), and (f) 24 and insertin g th e following: oHR 6 EH AMERICA!\ pVERSIGHT 220 CEQ050FY18091 _000000439 CEQ-18-0173-C-000258 219 1 "(3) 'rl1e Secretary may transfe r to th e Corporati on, 2 notwith standin g sub section s (b)(2) and (d), nat ural ura3 nium in amounts sufficient to fulfill th e Departm ent of 4 En ergy's commitm ent s under Article 4(B) of the Agree- s ment between the Department and th e Corporation dat ed 6 Jun e 17, 2002. 7 "( d) l NVEN'l'ORY SAJJES.-(1) In addition to the 8 tr ansfers and sales auth orized und er subsections (b) and 9 (c) and under paragraph (5) of this subsection , the United 10 States Government may t ransfe r or sell uranium in any 11 form subj ect to paragraphs (2) , (3), and (4). 12 "(2) Except as prmrided in sub sections (b) and (c) 13 and paragTaph (5) of this subsection, no sale or tran sfer 14 of uranium shall be made w1der this subsect ion by the 15 Uujt ed States Goverm11ent unl ess16 "(A) the Pr esident determines that th e mat erial 17 is not necessary for national securit y needs and the 18 sale or transfer ha s no adverse impact on implemen- 19 tati on of existing governm ent-t o-governm ent agree- 20 ment s; 21 "( B) the price paid to the appropriate F edera l 22 agency, if the tran saction is a sale, will not be less 23 than the fair market value of the materia l; and oHR 6 EH AMERICA!\ pVERSIGHT 221 CEQ050FY18091 _000000439 CEQ-18-0173-C-000259 219 1 "(3) 'rl1e Secretary may transfe r to th e Corporati on, 2 notwith standin g sub section s (b)(2) and (d), nat ural ura3 nium in amounts sufficient to fulfill th e Departm ent of 4 En ergy's commitm ent s under Article 4(B) of the Agree- s ment between the Department and th e Corporation dat ed 6 Jun e 17, 2002. 7 "( d) l NVEN'l'ORY SAJJES.-(1) In addition to the 8 tr ansfers and sales auth orized und er subsections (b) and 9 (c) and under paragraph (5) of this subsection , the United 10 States Government may t ransfe r or sell uranium in any 11 form subj ect to paragraphs (2) , (3), and (4). 12 "(2) Except as prmrided in sub sections (b) and (c) 13 and paragTaph (5) of this subsection, no sale or tran sfer 14 of uranium shall be made w1der this subsect ion by the 15 Uujt ed States Goverm11ent unl ess16 "(A) the Pr esident determines that th e mat erial 17 is not necessary for national securit y needs and the 18 sale or transfer ha s no adverse impact on implemen- 19 tati on of existing governm ent-t o-governm ent agree- 20 ment s; 21 "( B) the price paid to the appropriate F edera l 22 agency, if the tran saction is a sale, will not be less 23 than the fair market value of the materia l; and oHR 6 EH AMERICA!\ pVERSIGHT 221 CEQ050FY18091 _000000439 CEQ-18-0173-C-000259 220 1 "(C) the sale or tran sfer to commercial nuclear 2 power end users is mad e pursuant to a contract of 3 at least 3 years' duration. 4 "(3) Except as provided in paragraph (5), the United 5 States Government shall not mak e any transfc1? or sale 6 of uranium in any form und er th:is sub section that would 7 cause th e total amount of uranium tran sferr ed or sold pur8 sua nt to this subsection that is delivered for consumption 9 by conm1crcial nuclear pm,ver encl u sers to exceed- 10 11 "(A) 3,000,000 potmcls of U3 Os equivalent in fiscal year 2005, 2006, 2007, 2008, or 2009; "( B) 5,000 ,000 pounds of U30s equivalent m 12 13 fiscal year 2010 or 2011; "(C) 7,000,000 pounds of U30s equivalent m 14 15 fiscal year 2012; and "( D) 10,000,000 pound s of U30s equivalent in 16 17 fiscal year 2013 or any fiscaJ year thereafter. 18 "( 4) Except for sales or tran sfers tmder paragraph 19 (5), for th e p1ffposcs of thi s subsection, the recovery of 20 uranium from uranium beari ng materials tran sferr ed or 21 sold by the United States Government to the domestic 22 uran ium indust ry shall be th e pr eferred method of mak:ing 23 uranium available. The recovered uranium shall be count - 24 eel against the annuaJ maximum deliveries set fort h in this 25 section , ,vhcn such uranium is sold to encl users . oHR 6 EH AMERICA!\ pVERSIGHT 222 CEQ050FY18091 _000000439 CEQ-18-0173-C-000260 220 1 "(C) the sale or tran sfer to commercial nuclear 2 power end users is mad e pursuant to a contract of 3 at least 3 years' duration. 4 "(3) Except as provided in paragraph (5), the United 5 States Government shall not mak e any transfc1? or sale 6 of uranium in any form und er th:is sub section that would 7 cause th e total amount of uranium tran sferr ed or sold pur8 sua nt to this subsection that is delivered for consumption 9 by conm1crcial nuclear pm,ver encl u sers to exceed- 10 11 "(A) 3,000,000 potmcls of U3 Os equivalent in fiscal year 2005, 2006, 2007, 2008, or 2009; "( B) 5,000 ,000 pounds of U30s equivalent m 12 13 fiscal year 2010 or 2011; "(C) 7,000,000 pounds of U30s equivalent m 14 15 fiscal year 2012; and "( D) 10,000,000 pound s of U30s equivalent in 16 17 fiscal year 2013 or any fiscaJ year thereafter. 18 "( 4) Except for sales or tran sfers tmder paragraph 19 (5), for th e p1ffposcs of thi s subsection, the recovery of 20 uranium from uranium beari ng materials tran sferr ed or 21 sold by the United States Government to the domestic 22 uran ium indust ry shall be th e pr eferred method of mak:ing 23 uranium available. The recovered uranium shall be count - 24 eel against the annuaJ maximum deliveries set fort h in this 25 section , ,vhcn such uranium is sold to encl users . oHR 6 EH AMERICA!\ pVERSIGHT 222 CEQ050FY18091 _000000439 CEQ-18-0173-C-000260 221 1 "(5) 11 he United States Governm ent rn.ay make the 2 following sales and tran sfers: 3 " (A) Sales or tran sfers to a F ederal agency if 4 th e mat erial is tran sferr ed for the use of th e recciv- 5 ing agency ?without any resale or tran sfer to another 6 entit y and th e mat erial does not meet commercial 7 specification s. 8 "( B) Sales or tran sfers to any person for na- 9 tional securit y purpo ses, as determin ed by the Scc- 10 retar y. 11 "(C) Sales or t ransfers to any State or local 12 agency or nonprofit , charitab le, or educational insti- 13 tution for use other than th e generation of electri city 14 for commercial use. " (D) Sales or tra nsfers t o th e Departm ent of 15 16 En ergy research reactor sales progTam. 17 "( E) Sales or tran sfers, at fair market value, 18 for emergency pu11)oses in the event of a disrup tion 19 in supply to c01runercial nuclear power end users in 20 the United Sta tes. 21 " (F) Sales or transfers, at fair mark et value, 22 for use in a commercial reactor in the United Stat es 23 ?with nonsta ndard fuel requ.irernent s. 24 "(G) Sales or tran sfers provided for under law 25 for use by the rr cnnessce Valley Author ity in relation oHR 6 EH AMERICA!\ pVERSIGHT 223 CEQ050FY18091 _000000439 CEQ-18-0173-C-000261 221 1 "(5) 11 he United States Governm ent rn.ay make the 2 following sales and tran sfers: 3 " (A) Sales or tran sfers to a F ederal agency if 4 th e mat erial is tran sferr ed for the use of th e recciv- 5 ing agency ?without any resale or tran sfer to another 6 entit y and th e mat erial does not meet commercial 7 specification s. 8 "( B) Sales or tran sfers to any person for na- 9 tional securit y purpo ses, as determin ed by the Scc- 10 retar y. 11 "(C) Sales or t ransfers to any State or local 12 agency or nonprofit , charitab le, or educational insti- 13 tution for use other than th e generation of electri city 14 for commercial use. " (D) Sales or tra nsfers t o th e Departm ent of 15 16 En ergy research reactor sales progTam. 17 "( E) Sales or tran sfers, at fair market value, 18 for emergency pu11)oses in the event of a disrup tion 19 in supply to c01runercial nuclear power end users in 20 the United Sta tes. 21 " (F) Sales or transfers, at fair mark et value, 22 for use in a commercial reactor in the United Stat es 23 ?with nonsta ndard fuel requ.irernent s. 24 "(G) Sales or tran sfers provided for under law 25 for use by the rr cnnessce Valley Author ity in relation oHR 6 EH AMERICA!\ pVERSIGHT 223 CEQ050FY18091 _000000439 CEQ-18-0173-C-000261 222 1 to th e Departm ent of En ergy's highly enriched ura- 2 nium or tritium programs . 3 "(6) For purpo ses of t his subsection, the term 4 'Un ited States Government ' docs not include the rr en- 5 nessee Valley Aut hority . 6 "(e) SAVINGS PROVJSfON .-Nothin g m this sub- 7 chapt er modifies the terms of th e Ru ssian HEU Agree8 ment. 9 "(f) SERVICES. - Notwithstanding any other prov1- lO sion of this section, if the Secreta ry deter mines that the 11 Co1?poration has failed, or may fail, to perform any obliga12 tion unde r th e Agreement between th e Departm ent of En 13 ergy and the Corp oration dated Jun e 17, 2002 , and as 14 amended thereafter, which failur e could result in termi15 nation of th e Agreement, the Secretary sha ll notify Con- 16 gress, in such a mann er that affords CongTess an oppor- 17 tunity to comrncnt, pr ior to a determination by the Sec18 reta ry whether termi nation, waiver, or modification of the 19 Agreement is requir ed. rrh e Secreta ry is auth orized to take 20 such action as he determines necessary under the Agree21 ment to terminate, waive, or modify provisions of the 22 Agreement to achieve its purpo ses." . 23 (b) REPOR'r.-Not later thax1 3 years after th e date 24 of ena ctm ent of this Act, the Secretar y of Energy shall 25 report to Congress on the implementatio n of this section. oHR 6 EH AMERICA!\ pVERSIGHT 224 CEQ050FY18091 _000000439 CEQ-18-0173-C-000262 222 1 to th e Departm ent of En ergy's highly enriched ura- 2 nium or tritium programs . 3 "(6) For purpo ses of t his subsection, the term 4 'Un ited States Government ' docs not include the rr en- 5 nessee Valley Aut hority . 6 "(e) SAVINGS PROVJSfON .-Nothin g m this sub- 7 chapt er modifies the terms of th e Ru ssian HEU Agree8 ment. 9 "(f) SERVICES. - Notwithstanding any other prov1- lO sion of this section, if the Secreta ry deter mines that the 11 Co1?poration has failed, or may fail, to perform any obliga12 tion unde r th e Agreement between th e Departm ent of En 13 ergy and the Corp oration dated Jun e 17, 2002 , and as 14 amended thereafter, which failur e could result in termi15 nation of th e Agreement, the Secretary sha ll notify Con- 16 gress, in such a mann er that affords CongTess an oppor- 17 tunity to comrncnt, pr ior to a determination by the Sec18 reta ry whether termi nation, waiver, or modification of the 19 Agreement is requir ed. rrh e Secreta ry is auth orized to take 20 such action as he determines necessary under the Agree21 ment to terminate, waive, or modify provisions of the 22 Agreement to achieve its purpo ses." . 23 (b) REPOR'r.-Not later thax1 3 years after th e date 24 of ena ctm ent of this Act, the Secretar y of Energy shall 25 report to Congress on the implementatio n of this section . oHR 6 EH AMERICA!\ pVERSIGHT 224 CEQ050FY18091 _000000439 CEQ-18-0173-C-000262 223 1 rn1e report shall include a discussion of available excess 2 ur anium inventor ies; all sales or tr ansfers made by the 3 Unit ed Sta tes Governm ent; the impact of such sales or 4 tran sfers on th e domestic ur anium indust ry, the spot mar5 ket uranium pri ce, and the nationa l securit y interests of 6 th e Unit ed Stat es; and any steps tak en to remediat e any 7 adverse impa cts of such sales or tran sfers . 8 SEC. 631. COOPERATIVE RESEARCH AND DEVELOPMENT 9 AND SPECIAL DEMONSTRATION PROJECTS 10 11 FOR THE URANIUM MINING INDUSTRY. (a) A UTIIO RIZNrION OF APPROPRIATIO NS .-Th cr c 12 ar e author ized to be appropriated to th e Secret ary of En13 ergy $10,000 ,000 for each of fiscal years 2006 , 2007 , and 14 2008 for15 (1) cooperativ e, cost-shar ed agreements between 16 the Departm ent of En ergy and domestic ur anium 17 pr oducers to identify, test , and develop improved in 18 situ leaching mining teclu1ologics, including low-cost 19 enviromneut al restorat ion technologies that may be 20 app lied to sites after completion of in situ leaching 21 operati ons; and 22 (2) fundin g for competi tively selected dem- 23 onstra tion prqjects ,-vi.t h domestic m?anium pr oducers 24 relatin g to- oHR 6 EH AMERICA!\ pVERSIGHT 225 CEQ050FY18 091_000000439 CEQ-18-0173-C-000263 223 1 rn1e report shall include a discussion of available excess 2 ur anium inventor ies; all sales or tr ansfers made by the 3 Unit ed Sta tes Governm ent; the impact of such sales or 4 tran sfers on th e domestic ur anium indust ry, the spot mar5 ket uranium pri ce, and the nationa l securit y interests of 6 th e Unit ed Stat es; and any steps tak en to remediat e any 7 adverse impa cts of such sales or tran sfers . 8 SEC. 631. COOPERATIVE RESEARCH AND DEVELOPMENT 9 AND SPECIAL DEMONSTRATION PROJECTS 10 11 FOR THE URANIUM MINING INDUSTRY. (a) A UTIIO RIZNrION OF APPROPRIATIO NS .-Th cr c 12 ar e author ized to be appropriated to th e Secret ary of En13 ergy $10,000 ,000 for each of fiscal years 2006 , 2007 , and 14 2008 for15 (1) cooperativ e, cost-shar ed agreements between 16 the Departm ent of En ergy and domestic ur anium 17 pr oducers to identify, test , and develop improved in 18 situ leaching mining teclu1ologics, including low-cost 19 enviromneut al restorat ion technologies that may be 20 app lied to sites after completion of in situ leaching 21 operati ons; and 22 (2) fundin g for competi tively selected dem- 23 onstra tion prqjects ,-vi.t h domestic m?anium pr oducers 24 relatin g to- oHR 6 EH AMERICA!\ pVERSIGHT 225 CEQ050FY18 091_000000439 CEQ-18-0173-C-000263 224 1 (A) enhan ced production ,vith minimal en- 2 v:ironmental impacts; 3 (B ) restoration of well fields; and 4 (C) decomnussioning and deconta nunation 5 6 activities. (b) DOMES'l'IC URAN l Ul\ I PRODUCER.-For pllrposes 7 of thi s section , the term "domestic uranium producer" has 8 th e meaning given that term in section 1018( 4) of the En- 9 ergy Policy Act of 1992 (42 U.S.C. 2296b- 7(4)), except 10 that the term shall not include any producer that ha s not 11 produced uranium f-i?omdomestic reserves on or after July 12 30, 1998. 13 (c) LIMI'l'ATION.-No activities funded under th is 14 section n1ay be carri ed out in the State of New 1\/Iexjco. 15 SEC. 632. WHISTLEBLOWER PROTECTION. 16 (a) DEJPLICABI LI'rY '1'0 EXPOH.'l'S .APPROVBD F'OR 14 ,..rRJ\NSFE H. BU'!' NOT TR.ANSl<'ERRED.-Sub section b. of 15 section 129 of Atomj c En ergy Act of 1954, as added by 16 subsection (a) of thi s section, shall apply ,~~th respect to q)ort s that have been approved for tran sfer as of th e dat e 17 e.> 18 of th e ena ctment of this Act but ha ve not yet been tran s19 fcncd as of that dat e. 20 21 SEC. 63 8. NATIONAL URANIUM STOCKPILE. The USEC Pri vat izat ion Act (42 U.S.C. 2297h et 22 seq.) is amended by adding at th e end th e foJlowing new 23 section: oHR 6 EH AMERICA!\ pVERSIGHT 240 CEQ050 FY18091_000000439 CEQ-18-0173-C-000278 238 1 aided and abetted an individual or group s in acquir - 2 ing un safeguar ded nuclear mat erial s; "( B) in the jud gment of the Pre sident , the gov- 3 4 ernment of such country ha s provided adequate, 5 verifiable assurances that it will cease its support for 6 acts of int ernat ional t erroris m; 7 8 "(C) the waiver of that paragrap h is in th e vital national security int erest of th e United States; or 9 "( D) such a waiver is essentia l to pr event or re- 10 sponcl to a serious rad iological hazard in the country 11 receiving th e waiver that may or docs threaten pub- 12 lie health and safety ." . 13 (b) 1-\J>PLICABI LI'rY '1'0 EXPOH.'l'S .APPROVBD F'OR 14 ,..rRJ\NSFE H. BU'!' NOT TR.ANSl<'ERRED.-Sub section b. of 15 section 129 of Atomj c En ergy Act of 1954, as added by 16 subsection (a) of thi s section, shall apply ,~~th respect to 17 e.> q)ort s that have been approved for tran sfer as of th e dat e 18 of th e ena ctment of this Act but ha ve not yet been tran s19 fcncd as of that dat e. 20 21 SEC. 63 8. NATIONAL URANIUM STOCKPILE. The USEC Pri vat izat ion Act (42 U.S.C. 2297h et 22 seq.) is amended by adding at th e end th e foJlowing new 23 section: oHR 6 EH AMERICA!\ pVERSIGHT 240 CEQ050 FY18091_000000439 CEQ-18-0173-C-000278 239 1 "SEC. 3118. NATIONAL URANIUM STOCKPil..E. 2 ''(a) S'l'OCKPILECREATION.-The Secretary of En - 3 ergy may create a national low-enri ched uranium stockpile 4 with th e goaJs to5 "( 1) enhan ce national energy security; and 6 "(2) reduce global prolife1-ation threats. 7 "(b) SOURCE OF 1\/L'\_TERIAL .- The Secretary shall 8 obtain material for the stockpiJe frorn9 "( 1) material derived from blend-dmvn of Rus- 10 sian highly enriched uranium derived from ?weapons 11 mat erial s; and 12 "(2) domestically mined and enriched uranium . 13 "(c) LIMITATION ON SALES OR TRANSFERS.-S ales 14 or tran sfer of materials in the stockpile shall occur pursu 15 ant to section 3112." . 16 SEC. 639. NUCLEAR REGULATORY COMMISSION MEETINGS. 17 If a quorun1 of the Nuclear Regulatory Conrnussion 18 gath ers to discuss official Commission business th e discus19 sions sha]l be recorded, and the Commission shall notify 20 the public of such discussions within 15 days aft er they 21 occur. The Connnission shall promptly make a transcript 22 of the recording available to the public on request, except 23 to the e:\.'tentthat public disclosure is exempted or pi~ohib24 ited by law. This section shall not apply to a meeting , 25 within th e meaning of that term und er section 552b(a)(2) 26 of title 5, United Stat es Code. oHR 6 EH AMERICA!\ pVERSIGHT 241 CEQ050FY18091 _000000439 CEQ-18-0173-C-000279 239 1 "SEC. 3118. NATIONAL URANIUM STOCKPil..E. 2 ''(a) S'l'OCKPILECREATION.-The Secretary of En - 3 ergy may create a national low-enri ched uranium stockpile 4 with th e goaJs to5 "( 1) enhan ce national energy security; and 6 "(2) reduce global prolife1-ation threats. 7 "(b) SOURCE OF 1\/L'\_TERIAL .- The Secretary shall 8 obtain material for the stockpiJe frorn9 "( 1) material derived from blend-dmvn of Rus- 10 sian highly enriched uranium derived from ?weapons 11 mat erial s; and 12 "(2) domestically mined and enriched uranium . 13 "(c) LIMITATION ON SALES OR TRANSFERS.-S ales 14 or tran sfer of materials in the stockpile shall occur pursu 15 ant to section 3112." . 16 SEC. 639. NUCLEAR REGULATORY COMMISSION MEETINGS. 17 If a quorun1 of the Nuclear Regulatory Conrnussion 18 gath ers to discuss official Commission business th e discus19 sions sha]l be recorded, and the Commission shall notify 20 the public of such discussions within 15 days aft er they 21 occur. The Connnission shall promptly make a transcript 22 of the recording available to the public on request, except 23 to the e:\.'tentthat public disclosure is exempted or pi~ohib24 ited by law. This section shall not apply to a meeting , 25 within th e meaning of that term und er section 552b(a)(2) 26 of title 5, United Stat es Code. oHR 6 EH AMERICA!\ pVERSIGHT 241 CEQ050FY18091 _000000439 CEQ-18-0173-C-000279 240 1 SEC. 640. EMPLOYEE BENEFITS. 2 Section 3110 (a) of the USEC Pri vatization Act (42 3 U.S.C. 22 97h-8(a)) is amended by adding at th e end th e 4 following n ew para gTaph: 5 "(8) CON'rINUI'l'YOF BENEFITS.- To th e extent ap - 6 propriatiorn:; arc pro vided in advance for this purpo se or 7 ar c otherwise available, not later than 30 days after the 8 dat e of ena ctment of thi s para gra ph , th e Secretary shall 9 implement su ch actions as ar e necessa ry to en sur e that 10 any employee who11 "(A) is involved in providing infra st ru ctw~e or 12 enviromne ntal r emediat ion services at the Port s- 13 mouth , Ohio, or th e P adu cah , Kentu cky, Gaseous 14 Diffu sion Plant ; "( B ) ha s been an emplo;vee of the Departme nt 15 16 of Ener gy's predecessor 17 gratin g contra ctor (or its first or second tier sub- 18 cont ractors), or of the Corp orat ion , at th e Port s- 19 mouth , Ohio, or the Padu cah , Kentucky, facility; 20 and management and int e- 21 "(C) was eligible as of Apr il 1, 200 5, to part ici- 22 pate in or transfer int o the 1\/ Iultipl e Empl oyer P en- 23 sion Plan or the associated multiple employer retir ee 24 health care benefit plan s, as defined in those plan s, 25 shall cont inu e to be eligible t o participate in or tran sfer 26 into su ch pension or health care benefit plans." . oHR 6 EH AMERICA!\ pVERSIGHT 242 CEQ050FY18091 _000000439 CEQ-18-0173-C-000280 240 1 SEC. 640. EMPLOYEE BENEFITS. 2 Section 3110 (a) of the USEC Pri vatization Act (42 3 U.S.C. 22 97h-8(a)) is amended by adding at th e end th e 4 following n ew para gTaph: 5 "(8) CON'rINUI'l'YOF BENEFITS.- To th e extent ap - 6 propriatiorn:; arc pro vided in advance for this purpo se or 7 ar c otherwise available, not later than 30 days after the 8 dat e of ena ctment of thi s para gra ph , th e Secretary shall 9 implement su ch actions as ar e necessa ry to en sur e that 10 any employee who11 "(A) is involved in providing infra st ru ctw~e or 12 enviromne ntal r emediat ion services at the Port s- 13 mouth , Ohio, or th e P adu cah , Kentu cky, Gaseous 14 Diffu sion Plant ; "( B ) ha s been an emplo;vee of the Departme nt 15 16 of Ener gy's predecessor 17 gratin g contra ctor (or its first or second tier sub- 18 cont ractors), or of the Corp orat ion , at th e Port s- 19 mouth , Ohio, or the Padu cah , Kentucky, facility; 20 and management and int e- 21 "(C) was eligible as of Apr il 1, 200 5, to part ici- 22 pate in or transfer int o the 1\/ Iultipl e Empl oyer P en- 23 sion Plan or the associated multiple employer retir ee 24 health care benefit plan s, as defined in those plan s, 25 shall cont inu e to be eligible t o participate in or tran sfer 26 into su ch pension or health care benefit plans." . oHR 6 EH AMERICA!\ pVERSIGHT 242 CEQ050FY18091 _000000439 CEQ-18-0173-C-000280 241 1 2 Subtitle C-Additional Hydrogen Production Provisions 3 SEC. 651. HYDROGEN PRODUCTION PROGRAMS. 4 5 (a) ADVANCED RE ACrl'OR H YDROGEN COGENERA- 'l'lON PROJE CT .- 6 (1) PRO J EC'l' E S'l'J\BLI SI-I i\lEN' l'.-rrhe Secretary 7 is directed to estab lish an Advanced Reactor Hydro- 8 gen Cogeneration Proj ect. 9 (2) PROJECT DEFINITION.- Th e p1?Qj cct shall 10 consist of th e research , development, desig11, con- 11 st ruction , and operation of a hydrogen produ ction 12 cogeneration research facility that, relative to the 13 cu1Tent commercial reactors, enhan ces safety fca- 14 tures, reduces waste produ ction, enhan ces t hermal 15 efficiencies, increases proliferat ion resist ance, and 16 has th e potential for impr oved economics and phys- 17 ical securit y in reactor siting. rrhi s facility shall be 18 constru cted so as to enable researc h and develop- 19 ment on advanced react ors of th e type selected and 20 on aJternative approaches for reactor-ba sed produ c- 21 tion of hydrogen. (3) PROJECT lVIANAGEl\IENT. - 22 23 (A) lVLu~AGEMENr r .- 'l1he prqject shall be 24 mana ged ?within the Depart ment by the Office 25 of Nuclear En ergy, Science, and ':Leclmology. 1 oHR 6 EH AMERICA!\ pVERSIGHT 243 CEQ050FY18091 _000000439 CEQ-18-0173-C-000281 241 1 2 Subtitle C-Additional Hydrogen Production Provisions 3 SEC. 651. HYDROGEN PRODUCTION PROGRAMS. 4 5 (a) ADVANCED RE ACrl'OR H YDROGEN COGENERA- 'l'lON PROJE CT .- 6 (1) PRO J EC'l' E S'l'J\BLI SI-I i\lEN' l'.-rrhe Secretary 7 is directed to estab lish an Advanced Reactor Hydro- 8 gen Cogeneration Proj ect. 9 (2) PROJECT DEFINITION.- Th e p1?Qj cct shall 10 consist of th e research , development, desig11, con- 11 st ruction , and operation of a hydrogen produ ction 12 cogeneration research facility that, relative to the 13 cu1Tent commercial reactors, enhan ces safety fca- 14 tures, reduces waste produ ction, enhan ces t hermal 15 efficiencies, increases proliferat ion resist ance, and 16 has th e potential for impr oved economics and phys- 17 ical securit y in reactor siting. rrhi s facility shall be 18 constru cted so as to enable researc h and develop- 19 ment on advanced react ors of th e type selected and 20 on aJternative approaches for reactor-ba sed produ c- 21 tion of hydrogen. (3) PROJECT lVIANAGEl\IENT. - 22 23 (A) lVLu~AGEMENr r .- 'l1he prqject shall be 24 mana ged ?within the Depart ment by the Office 25 of Nuclear En ergy, Science, and ':Leclmology. 1 oHR 6 EH AMERICA!\ pVERSIGHT 243 CEQ050FY18091 _000000439 CEQ-18-0173-C-000281 242 1 (B) L EAD I,AB0RAT0RY.-T'h e lead labora - 2 tory for the prqj ect , providjng th e sjt e for the 3 reactor construction , shall b e th e Idaho Na - 4 tiona l Lab or atory (in thi s sub section referr ed to 5 as "ll~L "). 6 (C) STEERING C0Mi\lITTEE.-Th e Sec- 7 retary shall establi sh a nati on al steerin g com- 8 mitt ee with membership from the national lab- 9 oratori es, univer sities, and indu str y to provide 10 advice to th e Secret ary and th e Dir ector of the 11 Office of Nu clear En ergy, Science, and ':rech- 12 nology on te chni cal and program mana gement 13 aspects of the proj ect. 14 (D) C0Ll,AB0HJ\.'l'ION.-Proj ect activifaes 15 shall be conduct ed at I NL, other national lab- 16 oratori es, universities, domestic indu str y, and 17 int ernafaona l partn ers. 18 ( 4) PRO.JE C'f REQ UIREME N'l'S .- 19 (A) RE SE1Ul CII Al~D DEVELOPMENT .- 20 (i) IN GENER,1U,.- rfhe prqj ect shal l 21 includ e plannin g, research and develop- 22 ment , desig11, and constru ction of an ad- 23 vanced , next -gener ation , nu clear 24 system suitab le for enabling furth er re- 25 search and development on advanced reac- energy oHR 6 EH AMERICA!\ pVERSIGHT 244 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000282 242 1 (B) L EAD I,AB0RAT0RY.-T'h e lead labora - 2 tory for the prqj ect , providjng th e sjt e for the 3 reactor construction , shall b e th e Idaho Na - 4 tiona l Lab or atory (in thi s sub section referr ed to 5 as "ll~L "). 6 (C) STEERING C0Mi\lITTEE.-Th e Sec- 7 retary shall establi sh a nati on al steerin g com- 8 mitt ee with membership from the national lab- 9 oratori es, univer sities, and indu str y to provide 10 advice to th e Secret ary and th e Dir ector of the 11 Office of Nu clear En ergy, Science, and ':rech- 12 nology on te chni cal and program mana gement 13 aspects of the proj ect. 14 (D) C0Ll,AB0HJ\.'l'ION.-Proj ect activifaes 15 shall be conduct ed at I NL, other national lab- 16 oratori es, universities, domestic indu str y, and 17 int ernafaona l partn ers. 18 ( 4) PRO.JE C'f REQ UIREME N'l'S .- 19 (A) RE SE1Ul CII Al~D DEVELOPMENT .- 20 (i) IN GENER,1U,.- rfhe prqj ect shal l 21 includ e plannin g, research and develop- 22 ment , desig11, and constru ction of an ad- 23 vanced , next -gener ation , nu clear 24 system suitab le for enabling furth er re- 25 search and development on advanced reac- energy oHR 6 EH AMERICA!\ pVERSIGHT 244 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000282 243 1 tor t echnologi es and aJternat ive approa ches 2 for reactor -based generat ion of hydro gen . 3 (ii) RE ACTOR TES1' CAPABILITIES AT 4 INL.- Th e project shall utili ze, ?wher e ap- 5 propriate, extensive reactor test capabilities 6 resident at INL. (iii) 7 project A1Il'EliNNl'IVES.-rl1he 8 sha11be designed to mq)lore technical, envi- 9 ronm ental , and economic feasibility of al- 10 ternati ve approaches for reactor-ba sed hy- 11 drogen production . (iv) I NDUSTRIAL I,EAD.-'rhe 12 indu s- 13 tria l lead for the prqj ect shall be a com- 14 pany incorporated in th e Unit ed States. 15 (B) l N'l'EHNJ\'J'lONAL COLLABORA1'ION.- 16 (i) IN GENEHAL.-rrhe Secretar y shall 17 seek internationa l cooperation , parti cipa- 18 tion, and finan cial contribu tion in this 19 project . 20 (ii) AsSISTANCE FROM INTER- 21 NATIONAI, PAH'l'NBRS.-rrhe Secretary may 22 contra ct for assistan ce from specialists or 23 facilities from member coun tries of the 24 Generation IV In ternationa l F orum , the 25 Ru ssian F ederation , or other int ern ational oHR 6 EH AMERICA!\ pVERSIGHT 245 CEQ050FY18091 _000000439 CEQ-18-0173-C-000283 243 1 tor t echnologi es and aJternat ive approa ches 2 for reactor -based generat ion of hydro gen . 3 (ii) RE ACTOR TES1' CAPABILITIES AT 4 INL.- Th e project shall utili ze, ?wher e ap- 5 propriate, extensive reactor test capabilities 6 resident at INL. (iii) 7 project A1Il'EliNNl'IVES.-rl1he 8 sha11be designed to mq)lore technical, envi- 9 ronm ental , and economic feasibility of al- 10 ternati ve approaches for reactor-ba sed hy- 11 drogen production . (iv) I NDUSTRIAL I,EAD.-'rhe 12 indu s- 13 tria l lead for the prqj ect shall be a com- 14 pany incorporated in th e Unit ed States. 15 (B) l N'l'EHNJ\'J'lONAL COLLABORA1'ION.- 16 (i) IN GENEHAL.-rrhe Secretar y shall 17 seek internationa l cooperation , parti cipa- 18 tion, and finan cial contribu tion in this 19 project . 20 (ii) AsSISTANCE FROM INTER- 21 NATIONAI, PAH'l'NBRS.-rrhe Secretary may 22 contra ct for assistan ce from specialists or 23 facilities from member coun tries of the 24 Generation IV In ternationa l F orum , the 25 Ru ssian F ederation , or other int ern ational oHR 6 EH AMERICA!\ pVERSIGHT 245 CEQ050FY18091 _000000439 CEQ-18-0173-C-000283 244 1 partn er s wher e such specjalist s or fa cilities 2 provid e access to cost -effective and relevant 3 skills or test capab iliti es. 4 (iii ) GE N ERA'r ION IV INTER NATIONAL 5 FORUM.- In ter nat ional act ivities shall be 6 coordi nated ' "rith the Gener ation IV Int er- 7 natio nal For um. 8 (iv) GENEHA'l'ION rv NUCLBAB. 9 ERGY SYSTEl\IS PR.OGR.AJ\ L-Th e Secretary 10 may combin e th is proj ect with th e Genera- 11 tion I V Nuclear En ergy Systems Pr ogram . 12 (C) DEMONSTRA'l'ION.- rl'h e EN- over all 13 pr oject, vvhich may involve demonstration of se- 14 lected proj ect obj ectives in a partn er natio n , 15 mu st demonstrate both electri city an d hydrog en 16 produ cti on and may pr ovide flexjbilit y, wher e 17 te chni cally and economi cally feas ible in th e de- 18 sign and construction , to enabl e tests of alt er- 19 nati ve reactor core and cooling configuration s. 20 (D) p ARTNERSIIIPS.- rrhe Secretary shall 21 estab lish cost- shar ed partn ership s vvith domestic 22 industry or int ernatio nal pa rti cipants for the re- 23 sear ch , development , design , constr uction , and 24 ope1?at ion of th e resear ch facility, and pr ef- 25 er ence in determinin g t he final prqj ect stru ctur e oHR 6 EH AMERICA!\ pVERSIGHT 246 CEQ050FY18 091_000000439 CEQ-18-0173-C-000284 244 1 partn er s wher e such specjalist s or fa cilities 2 provid e access to cost -effective and relevant 3 skills or test capab iliti es. 4 (iii ) GE N ERA'r ION IV INTER NATIONAL 5 FORUM.- In ter nat ional act ivities shall be 6 coordi nated ' "rith the Gener ation IV Int er- 7 natio nal For um. 8 (iv) GENEHA'l'ION rv NUCLBAB. 9 ERGY SYSTEl\IS PR.OGR.AJ\ L-Th e Secretary 10 may combin e th is proj ect with th e Genera- 11 tion I V Nuclear En ergy Systems Pr ogram . 12 (C) DEMONSTRA'l'ION.- rl'h e EN- over all 13 pr oject, vvhich may involve demonstration of se- 14 lected proj ect obj ectives in a partn er natio n , 15 mu st demonstrate both electri city an d hydrog en 16 produ cti on and may pr ovide flexjbilit y, wher e 17 te chni cally and economi cally feas ible in th e de- 18 sign and construction , to enabl e tests of alt er- 19 nati ve reactor core and cooling configuration s. 20 (D) p ARTNERSIIIPS.- rrhe Secretary shall 21 estab lish cost- shar ed partn ership s vvith domestic 22 industry or int ernatio nal pa rti cipants for the re- 23 sear ch , development , design , constr uction , and 24 ope1?at ion of th e resear ch facility, and pr ef- 25 er ence in determinin g t he final prqj ect stru ctur e oHR 6 EH AMERICA!\ pVERSIGHT 246 CEQ050FY18 091_000000439 CEQ-18-0173-C-000284 245 1 shaJI be given to an overall project which re - 2 tains United Stat es leadership while maximiz ing 3 cost shari ng opportunities and minim izing Fed- 4 er al funding r esponsibi lities . 5 (E) TARGET DA'l'E.- rri ic Secreta ry shall 6 select teclmo]ogies and develop the project to 7 prov ide initial test ing of either hydrogen pro - 8 duction or electr icity generation 9 provide a report to Congr ess e),._1) lainin g why 10 by 2011, or this date is not feasib le . (F) 11 vVAIVER OF CONSTRUCTION 12 'L'Ii:vt.EL INES.-'rl1 e Secretary 13 conduct the Advanced Reacto r Hydrogen 14 genera tion Proj ect without the constrai nts of 15 DOE Ord er 413.3, 16 prQject management for th e acqui sit ion of cap - 17 ita] assets, as necessary to meet the specified 18 operatio nal dat e. 19 (G) relating 1s authorized to program to Co- and COMPE'l'I'I'ION.- rr he Secreta ry may 20 fund up to 2 teams for up to 1 year to develop 21 detail ed proposals 22 and selection of a single propo sa l and concept 23 for further progre ss . T1he Secr etary shall define 24 the format of the competitive evaluation of pro- 25 posals . for competitiv e evalu at ion oHR 6 EH AMERICA!\ pVERSIGHT 247 CEQ050FY18 091_000000439 CEQ-18-0173-C-000285 245 1 shaJI be given to an overall project which re - 2 tains United Stat es leadership while maximiz ing 3 cost shari ng opportunities and minim izing Fed- 4 er al funding r esponsibi lities . 5 (E) TARGET DA'l'E.- rri ic Secreta ry shall 6 select teclmo]ogies and develop the project to 7 prov ide initial test ing of either hydrogen pro - 8 duction or electr icity generation 9 provide a report to Congr ess e),._1) lainin g why 10 by 2011, or this date is not feasib le . (F) 11 vVAIVER OF CONSTRUCTION 12 'L'Ii:vt.EL INES.-'rl1 e Secretary 13 conduct the Advanced Reacto r Hydrogen 14 genera tion Proj ect without the constrai nts of 15 DOE Ord er 413.3, 16 prQject management for th e acqui sit ion of cap - 17 ita] assets, as necessary to meet the specified 18 operatio nal dat e. 19 (G) relating 1s authorized to program to Co- and COMPE'l'I'I'ION.- rr he Secreta ry may 20 fund up to 2 teams for up to 1 year to develop 21 detail ed proposals 22 and selection of a single propo sa l and concept 23 for further progre ss . T1he Secr etary shall define 24 the format of the competitive evaluation of pro- 25 posals . for competitiv e evalu at ion oHR 6 EH AMERICA!\ pVERSIGHT 247 CEQ050FY18 091_000000439 CEQ-18-0173-C-000285 246 1 (H) USE 01o' F'ACILITIES.-R esear ch facili- 2 ties in industry, national laboratori es, or univer- 3 sities eith er ?within the United States or with 4 cooperating int ern ational partners may be used 5 to develop the enabling technologies for th e re- 6 sear ch facility. Utihzation of domestic univer- 7 sity-based facilities shall be encoura ged to pro- 8 vide educational opportunities for stud ent devel- 9 opment. (I ) ROLE OF NUCLE.1rn, REGULATORY COl\1- 10 MISSION. - 11 12 (i) IN GENER.Ah-Th e Nuc lear Regu- 13 lator y Comll'1issionsha11have licensing and 14 regulatory author ity for any reactor au- 15 thorized und er this subsection , pur suant to 16 section 202 of th e En ergy Reorgan izat ion 17 Act of 1974 (42 U.S.C. 5842) . 18 (ii) RISK-BASED CRITERIA.- The Sec- 19 retar y shall seek active parti cipation of the 20 Nuclear Regulat ory Commission thr ough- 21 out th e prqj ect to develop risk-based cri- 22 teria for any futur e commercial develop- 23 ment of a similar reactor archit ecture. 24 (J) REPOR'l'.- The Secretary shall develop and transmit 25 to Congr ess a comprehensive oHR 6 EH AMERICA!\ pVERSIGHT 248 CEQ050FY18091 _000000439 CEQ-18-0173-C-000286 246 1 (H) USE 01o' F'ACILITIES.-R esear ch facili- 2 ties in industry, national laboratori es, or univer- 3 sities eith er ?within the United States or with 4 cooperating int ern ational partners may be used 5 to develop the enabling technologies for th e re- 6 sear ch facility. Utihzation of domestic univer- 7 sity-based facilities shall be encoura ged to pro- 8 vide educational opportunities for stud ent devel- 9 opment. (I ) ROLE OF NUCLE.1rn, REGULATORY COl\1- 10 MISSION. - 11 12 (i) IN GENER.Ah-Th e Nuc lear Regu- 13 lator y Comll'1issionsha11have licensing and 14 regulatory author ity for any reactor au- 15 thorized und er this subsection , pur suant to 16 section 202 of th e En ergy Reorgan izat ion 17 Act of 1974 (42 U.S.C. 5842) . 18 (ii) RISK-BASED CRITERIA.- The Sec- 19 retar y shall seek active parti cipation of the 20 Nuclear Regulat ory Commission thr ough- 21 out th e prqj ect to develop risk-based cri- 22 teria for any futur e commercial develop- 23 ment of a similar reactor archit ecture. 24 (J) REPOR'l'.- The Secretary shall develop and transmit 25 to Congr ess a comprehensive oHR 6 EH AMERICA!\ pVERSIGHT 248 CEQ050FY18091 _000000439 CEQ-18-0173-C-000286 247 1 project plan not later than 3 month s after th e 2 elate of enactment of this Act. The prqje ct plan 3 shall be updated annually with each annua l 4 budg et submission. 5 (b) .ADVA1"1CED NUCLEAR RE .ACTOR TE CII- 6 NOLOGTES.-~r1 1e Secretary shall7 (1) prepare a detailed roadmap for carryin g out 8 the provisions in this subtitl e related to advanced 9 nuclear reactor technologies and for implement ing 10 the recommendations related to advanced nuclear re- 11 actor teclu1ologics that arc included in the report 12 tran smitted under subsection (d); and 13 (2) provide for the establis hment of 5 projects 14 m geogTaphic aTcas that are regionally and cbmati- 15 cally cliverse to demonstrat e the co1mnercial produc - 16 tion of hydrogen at existing nuclear power plants, 17 including one demonst ration project at a national 18 laboratory or instit ution of higher education usmg 19 an advanced gas-cooled reactor. 20 (c) COLLOCATION vVITII HYDROGE N PRODUCTION 21 FACIL,ITY.-S ection 103 of th e Atomic E11ergy Act of 22 1954 (42 U .S.C. 2011) is amended by adding at the end 23 the following nevvsubsect ion: 24 "g . ~rhe Commission shall give pr iority to the licens- 25 ing of a uti lization facility that is collocated with a hydro- oHR 6 EH AMERICA!\ pVERSIGHT 249 CEQ050FY18091 _000000439 CEQ-18-0173-C-000287 247 1 project plan not later than 3 month s after th e 2 elate of enactment of this Act. The prqje ct plan 3 shall be updated annually with each annua l 4 budg et submission. 5 (b) .ADVA1"1CED NUCLEAR RE .ACTOR TE CII- 6 NOLOGTES.-~r1 1e Secretary shall7 (1) prepare a detailed roadmap for carryin g out 8 the provisions in this subtitl e related to advanced 9 nuclear reactor technologies and for implement ing 10 the recommendations related to advanced nuclear re- 11 actor teclu1ologics that arc included in the report 12 tran smitted under subsection (d); and 13 (2) provide for the establis hment of 5 projects 14 m geogTaphic aTcas that are regionally and cbmati- 15 cally cliverse to demonstrat e the co1mnercial produc - 16 tion of hydrogen at existing nuclear power plants, 17 including one demonst ration project at a national 18 laboratory or instit ution of higher education usmg 19 an advanced gas-cooled reactor. 20 (c) COLLOCATION vVITII HYDROGE N PRODUCTION 21 FACIL,ITY.-S ection 103 of th e Atomic E11ergy Act of 22 1954 (42 U .S.C. 2011) is amended by adding at the end 23 the following nevvsubsect ion: 24 "g . ~rhe Commission shall give pr iority to the licens- 25 ing of a uti lization facility that is collocated with a hydro- oHR 6 EH AMERICA!\ pVERSIGHT 249 CEQ050FY18091 _000000439 CEQ-18-0173-C-000287 248 1 gen pr oduction faciljty . rrhe Commission shaJI issu e a final 2 decision appro ving or disapproving the issu ance of a li3 cense to constr uct and operate a utilization facility not 4 later than the e;qJirati on of 3 years aft er the date of the 5 submission of such application , if th e applicat ion ref6 erences a Cornrnission-certifi ecl clesig11 and an early site 7 permit , unless the Commission determines that th e appli8 cant ha s propo sed materia l and sub stantiaJ chan ges to th e 9 design or the site design parameters ." . 10 (d) R1~P0RT.- rrh e Secretary shall tra nsmit to the 11 Congress not later than 120 clays after the date of ena ct12 rnent of thi s Act a report containin g deta iled summari es 13 of the roadm aps prepare d unde r subsection (b)( l ), de14 scriptio ns of th e Secreta ry's progress in establishing the 15 proj ect s and other program s requir ed under this section, 16 and recommendation s for promoting the availability of ad- 17 vanccd nuclear reacto r energy technologies for the produc 18 tion of hydrogen. 19 (e) AUTII0RIZA'l'I0N OF .APPR0PRlAT I0NS.- For the 20 purpos e of support ing research pr ograms related to the 21 development of advanced nuclear reactor technologies 22 und er this section, there are auth orized t o be appropriat ed 23 to the Secreta ry24 (1) $65,000,000 for fiscal year 2006; 25 (2) $74 ,750,000 for fiscal year 2007; oHR 6 EH AMERICA!\ pVERSIGHT 250 CEQ050FY18091 _000000439 CEQ-18-0173-C-000288 248 1 gen pr oduction faciljty . rrhe Commission shaJI issu e a final 2 decision appro ving or disapproving the issuance of a li3 cense to constr uct and operate a utilization facility not 4 later than the e;qJirati on of 3 years aft er the date of the 5 submission of such application , if th e applicat ion ref6 erences a Cornrnission-certifi ecl clesig11 and an early site 7 permit , unless the Commission determines that th e appli8 cant ha s propo sed materia l and sub stantiaJ chan ges to th e 9 design or the site design parameters ." . 10 (d) R1~P0RT.- rrh e Secretary shall tra nsmit to the 11 Congress not later than 120 clays after the date of ena ct12 rnent of thi s Act a report containin g deta iled summari es 13 of the roadm aps prepare d unde r subsection (b)( l ), de14 scriptio ns of th e Secreta ry's progress in establishing the 15 proj ect s and other program s requir ed under this section, 16 and recommendation s for promoting the availability of ad- 17 vanccd nuclear reacto r energy technologies for the produc 18 tion of hydrogen. 19 (e) AUTII0RIZA'l'I0N OF .APPR0PRlAT I0NS.- For the 20 purpos e of support ing research pr ograms related to the 21 development of advanced nuclear reactor technologies 22 und er this section, there are auth orized t o be appropriat ed 23 to the Secreta ry24 (1) $65,000,000 for fiscal year 2006; 25 (2) $74 ,750,000 for fiscal year 2007; oHR 6 EH AMERICA!\ pVERSIGHT 250 CEQ050FY18091 _000000439 CEQ-18-0173-C-000288 249 1 (3) $85,962,500 for fiscal year 200 8; 2 (4) $98,856,875 for fiscal year 2009; 3 (5) $113,685,406 for fiscal year 20 10; 4 (6) $130,738,217 for fiscal year 20 11; 5 (7) $150,348,950 for fiscal year 2012; 6 (8) $172,901,292 for fiscal year 2013; 7 (9) $198,836,486 for fiscal year 2014; and 8 (10) $228,661,959 for fiscal year 2015. 9 10 SEC. 652. DEFINITIONS. For purposes of thi s subtit le(1) th e term " advanc ed nu clear reactor tech- 11 12 nologies" rnean s- 13 (A) technologies r elat ed to advanced light 14 ?water rea ctor s that may be commer cially avail- 15 able in th e near -term , includiJ1g mfrl-sized reac- 16 tor s with pa ssive safety features, for the gen- 17 erabon of electric po-wer from nuc lear fission 18 and the produ ction of hydrogen; and 19 (B) technologies r elat ed to other nuclear 20 reactors that may require prototype demonstra- 21 tion prior to availabi lity in th e mid-t erm or 22 long-term , 23 cooled reactor s and liquid meta l reactors, for 24 the generat ion of electric power from nuclear 25 fission and th e prod uction of hydr ogen ; includin g high -temperatur e, gas- oHR 6 EH AMERICA!\ pVERSIGHT 251 CEQ050 FY18091_000000439 CEQ-18-0173-C-000289 249 1 (3) $85,962,500 for fiscal year 200 8; 2 (4) $98,856,875 for fiscal year 2009; 3 (5) $113,685,406 for fiscal year 20 10; 4 (6) $130,738,217 for fiscal year 20 11; 5 (7) $150,348,950 for fiscal year 2012; 6 (8) $172,901,292 for fiscal year 2013; 7 (9) $198,836,486 for fiscal year 2014; and 8 (10) $228,661,959 for fiscal year 2015. 9 10 SEC. 652. DEFINITIONS. For purposes of thi s subtit le(1) th e term " advanc ed nu clear reactor tech- 11 12 nologies" rnean s- 13 (A) technologies r elat ed to advanced light 14 ?water rea ctor s that may be commercially avail- 15 able in th e near -term , includiJ1g mfrl-sized reac- 16 tor s with pa ssive safety features, for the gen- 17 erabon of electric po-wer from nuc lear fission 18 and the produ ction of hydrogen; and 19 (B) technologies r elat ed to other nuclear 20 reactors that may require prototype demonstra- 21 tion prior to availabi lity in th e mid-t erm or 22 long-term , 23 cooled reactor s and liquid meta l reactors, for 24 the generat ion of electric power from nuclear 25 fission and th e prod uction of hydr ogen ; includin g high -temperatur e, gas- oHR 6 EH AMERICA!\ pVERSIGHT 251 CEQ050 FY18091_000000439 CEQ-18-0173-C-000289 250 1 (2) th e term "institution of higher education " 2 has the meaning given to that term in section 3 l0l(a ) of th e Higher Edu cation Act of 196 5 (20 4 U.S.C. l00l( a)); and (3) the term "Seci-etary'' means the Secretary 5 6 of En ergy. 7 Subtitle D-Nuclear 8 9 Security SEC. 661. NUCLEAR FACILITY THREATS. (a) STUDY.-T he Pr esident , in consultation ?with th e 10 Nuclear Regulatory Commission (1?efcrr ed to in this sub11 title as th e "Commission ") and other appropriate F ederal , 12 State, and local agencies and privat e entiti es, shall con- 13 duct a st udy to identify th e types of thr eats that pose an 14 appr eciable risk to th e securi ty of th e various classes of 15 facilities licensed by th e Con:nnjssion under the Atonlic 16 En ergy Act of 1954 (42 U.S.C. 2011 et seq.). Such study 17 shall take into account , but not be li rnited to-18 (1) the events of September 11, 2001; 19 (2) an assessment 20 of physical, cybcr , bio- chemicaJ, and oth er terrorist tlll"eats; 21 (3) th e potenti al for attack on facilities by mul- 22 tiple coordinated teams of a large numb er of individ- 23 uals? ' 24 25 (4) the potentia l fo1? assista nce in an attack fr om several persons employed at th e facility; oHR 6 EH AMERICA!\ pVERSIGHT 252 CEQ050FY18091 _000000439 CEQ-18-0173-C-000290 250 1 (2) th e term "institution of higher education " 2 has the meaning given to that term in section 3 l0l(a ) of th e Higher Edu cation Act of 196 5 (20 4 U.S.C. l00l( a)); and (3) the term "Seci-etary'' means the Secretary 5 6 of En ergy. 7 Subtitle D-Nuclear 8 9 Security SEC. 661. NUCLEAR FACILITY THREATS. (a) STUDY.-T he Pr esident , in consultation ?with th e 10 Nuclear Regulatory Commission (1?efcrr ed to in this sub11 title as th e "Commission ") and other appropriate F ederal , 12 State, and local agencies and privat e entiti es, shall con- 13 duct a st udy to identify th e types of thr eats that pose an 14 appr eciable risk to th e securi ty of th e various classes of 15 facilities licensed by th e Con:nnjssion under the Atonlic 16 En ergy Act of 1954 (42 U.S.C. 2011 et seq.). Such study 17 shall take into account , but not be li rnited to-18 (1) the events of September 11, 2001; 19 (2) an assessment 20 of physical, cybcr , bio- chemicaJ, and oth er terrorist tlll"eats; 21 (3) th e potenti al for attack on facilities by mul- 22 tiple coordinated teams of a large numb er of individ- 23 uals? ' 24 25 (4) the potentia l fo1? assista nce in an attack fr om several persons employed at th e facility; oHR 6 EH AMERICA!\ pVERSIGHT 252 CEQ050FY18091 _000000439 CEQ-18-0173-C-000290 251 1 (5) th e potential for suicide att acks; 2 (6) th e potential for wat er-ba sed and air-ba sed 3 thr eat s; 4 5 (7) th e potential use of CJ(plosivc devices of considerabl e size and other modern weaponry; 6 7 (8) th e pot ential for atta cks by per sons ,~rith a sophisticat ed knmvledge of facility operation s; 8 9 (9) th e pot ential for fires, especially fires of long dm?ation ; 10 (10) t he pot ential for at t acks on spent fuel 11 shipment s by multiple coordin at ed teams of a lar ge 12 n1m1ber of individual s; 13 (11) th e adequa cy of plannin g to pr otect the 14 public health and safety at and around 11uclear fa- 15 cilities, as appr opri ate, in the event of a terr ori st at- 16 tack again st a nu clear facility; and 17 (] 2) th e pot ential for th eft and diversion of nu- 18 clear mat erial s fr om such facilities. 19 (b) SU M1\I.ARY A.1 '\TD C LASSIFI CATIO N REPORT. - No t 20 later than 180 days aft er th e date of th e enactm ent of 21 thi s Act , th e Pr esident sh all tr ansmit t o Congress and the 22 Commission a report23 24 (1) summ ari zing the types of thr eat s identified und er sub section (a); and oHR 6 EH AMERICA!\ pVERSIGHT 253 CEQ050FY18091 _000000439 CEQ-18-0173-C-000291 251 1 (5) th e potential for suicide att acks; 2 (6) th e potential for wat er-ba sed and air-ba sed 3 thr eat s; 4 5 (7) th e potential use of CJ(plosivc devices of considerabl e size and other modern weaponry; (8) th e pot ential for atta cks by per sons ,~rith a 6 7 sophisticat ed knmvledge of facility operation s; 8 9 (9) th e pot ential for fires, especially fires of long dm?ation ; 10 (10) t he pot ential for at t acks on spent fuel 11 shipment s by multiple coordin at ed teams of a lar ge 12 n1m1ber of individual s; 13 (11) th e adequa cy of plannin g to pr otect the 14 public health and safety at and around 11uclear fa- 15 cilities, as appr opri ate, in the event of a terr ori st at- 16 tack again st a nu clear facility; and 17 (] 2) th e pot ential for th eft and diversion of nu- 18 clear mat erial s fr om such facilities. 19 (b) SU M1\I.ARY A.1 '\TD C LASSIFI CATIO N REPORT. - No t 20 later than 180 days aft er th e date of th e enactm ent of 21 thi s Act , th e Pr esident sh all tr ansmit t o Congress and the 22 Commission a report23 24 (1) summ ari zing the types of thr eat s identified und er sub section (a); and oHR 6 EH AMERICA!\ pVERSIGHT 253 CEQ050FY18091 _000000439 CEQ-18-0173-C-000291 252 1 (2) classifying each type of thr eat identified 2 und er subsection (a.), in accordance with existing 3 laws and 1?egulations, as eith er- 4 (A) involving att acks and destru ctive acts , 5 including sabotage, directed against th e facility 6 by an enemy of th e United States, wheth er a 7 foreign government or oth er person, or other - 8 wise falling und er the responsibilities of th e 9 F ederal Govenm1ent; or 10 (B) involving the type of risks that Com- 11 m1ss10n licensees should be responsible for 12 guarding against . 13 (c) FEDERAL AcrrrON RBPOH:r.-Not late r than 90 14 days after the date on which a report is tran smitted tmder 15 sub section (b), the Pr esident shall tra 11Smjt to Congress 16 a report on actions take n, or to be taken, to address the 17 types of threats identifi ed under subsection (b)(2)(A), in18 eluding identification of the Fed eral , State, and locaJ 19 agencies responsible for carrying out th e obligat ions and 20 authorit ies of the United States . Such report may include 21 a classified annex, as appropri ate. 22 (d) REGULA'l'IONS.- Not late r than J 80 days after 23 the date on vvhich a report is transn iitted und er subsection 24 (b), th e Commission may 1?evise, by rule, the design basis 25 tlu?cats issued before the date of enactment of t his section oHR 6 EH AMERICA!\ pVERSIGHT 254 CEQ050FY18091 _000000439 CEQ-18-0173-C-000292 252 1 (2) classifying each type of thr eat identified 2 und er subsection (a.), in accordance with existing 3 laws and 1?egulations, as eith er- 4 (A) involving att acks and destru ctive acts , 5 including sabotage, directed against th e facility 6 by an enemy of th e United States, wheth er a 7 foreign government or oth er person, or other - 8 wise falling und er the responsibilities of th e 9 F ederal Govenm1ent; or 10 (B) involving the type of risks that Com- 11 m1ss10n licensees should be responsible for 12 guarding against . 13 (c) FEDERAL AcrrrON RBPOH:r.-Not late r than 90 14 days after the date on which a report is tran smitted tmder 15 sub section (b), the Pr esident shall tra 11Smjt to Congress 16 a report on actions take n, or to be taken, to address the 17 types of threats identifi ed under subsection (b)(2)(A), in18 eluding identification of the Fed eral , State, and locaJ 19 agencies responsible for carrying out th e obligat ions and 20 authorit ies of the United States . Such report may include 21 a classified annex, as appropri ate. 22 (d) REGULA'l'IONS.- Not late r than J 80 days after 23 the date on vvhich a report is transn iitted und er subsection 24 (b), th e Commission may 1?evise, by rule, the design basis 25 tlu?cats issued before the date of enactment of t his section oHR 6 EH AMERICA!\ pVERSIGHT 254 CEQ050FY18091 _000000439 CEQ-18-0173-C-000292 253 1 as th e Comm ission consider s appropriat e ba sed on th e 2 summar y and cla ssificati on r epor t. 3 (e) PH YSICAL SECURITY PROGRAM.-T he Commi s- 4 sion shall establi sh an operational safeguard s respon se 5 evalu ation program th at en sm?es tha t th e physical prot ec6 tion capability and operationa l safeguard s r espon se for 7 sensitive nuc lear fa ciliti es, as determin ed by th e Cornmis8 sion consistent ' "'ith th e prot ection of publi c health and 9 th e common defen se and securi ty, shall be teste d periocli10 cally throu gh Commi ssion appro ved or design ed , obser ved, 11 and evaluat ed for ce-on-for ce exer cises to determin e wheth- 12 er th e ability to defeat th e design ba sis thr eat is b eing 13 maintain ed. For purpo ses of thi s sub section , th e term 14 "se n sitive nu clear faciliti es" includ es at a minimum com- 15 mercial nu clear p ower plant s and category I fuel cycle fa- 16 ciliti es . 17 (f) CONTROL OF l NI<'ORi.\lA TION.- N otwith standin g 18 an y oth er pr ovision of la w, th e Com111i ssion ma y und ertak e 1ill 19 an y rul emakin g und er th is subtitl e in a mam1er that ,11 20 fully pr otect safeg uard s and cla ssified national securit y in 21 formation. 22 (g) FEDER .Al , SECURITY COORDINATORS.- 23 (1 ) REGIONJ\TJ OPFICES.- Not later than 24 month s after th e elate of en actm ent of thi s Act, th e 25 Conunis sion shall assign a F ederal secur ity coordi- 18 oHR 6 EH AMERICA!\ pVERSIGHT 255 CEQ050FY18091 _000000439 CEQ-18-0173-C-000293 253 1 as th e Comm ission consider s appropriat e ba sed on th e 2 summar y and cla ssificati on r epor t. 3 (e) PH YSICAL SECURITY PROGRAM.-T he Commi s- 4 sion shall establi sh an operational safeguard s respon se 5 evalu ation program th at en sm?es tha t th e physical prot ec6 tion capability and operationa l safeguard s r espon se for 7 sensitive nuc lear fa ciliti es, as determin ed by th e Cornmis8 sion consistent ' "'ith th e prot ection of publi c h ealth and 9 th e common defen se and securi ty, shall be teste d periocli10 cally throu gh Commi ssion appro ved or design ed , obser ved, 11 and evaluat ed for ce-on-for ce exer cises to determin e wheth- 12 er th e ability to defeat th e design ba sis thr eat is b eing 13 maintain ed. For purpo ses of thi s sub section , th e term 14 "se n sitive nu clear faciliti es" includ es at a minimum com- 15 mercial nu clear p ower plant s and category I fuel cycle fa- 16 ciliti es . 17 (f) CONTROL OF l NI<'ORi.\lA TION.- N otwith standin g 18 an y oth er pr ovision of la w, th e Com111i ssion ma y und ertak e 1ill 19 an y rul emakin g und er th is subtitl e in a mam1er that ,11 20 fully pr otect safeg uard s and cla ssified national securit y in 21 formation. 22 (g) FEDER .Al , SECURITY COORDINATORS.- 23 (1 ) REGIONJ\TJ OPFICES.- Not later than 24 month s after th e elate of en actm ent of thi s Act, th e 25 Conunis sion shall assign a F ederal secur ity coordi- 18 oHR 6 EH AMERICA!\ pVERSIGHT 255 CEQ050FY18091 _000000439 CEQ-18-0173-C-000293 254 1 nator, und er th e employment of th e Commission, to 2 each region of the Cornmission. 3 4 (2) RESP0NSIBILITIES.-T he F ederal securit y coordinator shall be respons ible for- 5 (A) communicati ng ?with the Commission 6 and other F ederal , State, and local aut horities 7 concernin g threats, 8 such classes of facilities as the Commission de- 9 term incs to be appropriate; including thr eat s against 10 (B) ensurin g that su ch classes of facilities 11 as the Conunission dcter 1nines to be appropriat e 12 maintain security consistent "rith the securit y 13 plan in accordance with the approp riate thr eat 14 level; and 15 (C) assisti ng m th e coordination of secu- 16 rity measures among the private security forces 17 at such classes of facilities as the Cornm.ission 18 determin es to be appropriate 19 State, and local aut horities, as appropriate . 20 (h) TRAINING PR0GRAM .- Thc President shall cstab- and Fede ral, 21 lish a program to provide technical assistance and train ing 22 t o F eder al agencies, th e Nat ional Guard , and State and 23 local law enforcement and en1ergency response agencies in 24 responding to threats against a designated nuclear facility . oHR 6 EH AMERICA!\ pVERSIGHT 256 CEQ050FY18091 _000000439 CEQ-18-0173-C-000294 254 1 nator, und er th e employment of th e Commission, to 2 each region of the Cornmission. 3 4 (2) RESP0NSIBILITIES.-T he F ederal securit y coordinator shall be respons ible for- 5 (A) communicati ng ?with the Commission 6 and other F ederal , State, and local aut horities 7 concernin g threats, 8 such classes of facilities as the Commission de- 9 term incs to be appropriate; including thr eat s against 10 (B) ensurin g that su ch classes of facilities 11 as the Conunission dcter 1nines to be appropriat e 12 maintain security consistent "rith the securit y 13 plan in accordance with the approp riate thr eat 14 level; and 15 (C) assisti ng m th e coordination of secu- 16 rity measures among the private security forces 17 at such classes of facilities as the Cornm.ission 18 determin es to be appropriate 19 State, and local aut horities, as appropriate . 20 (h) TRAINING PR0GRAM .- Thc President shall cstab- and Fede ral, 21 lish a program to provide technical assistance and train ing 22 t o F eder al agencies, th e Nat ional Guard , and State and 23 local law enforcement and en1ergency response agencies in 24 responding to threats against a designated nuclear facility . oHR 6 EH AMERICA!\ pVERSIGHT 256 CEQ050FY18091 _000000439 CEQ-18-0173-C-000294 255 1 SEC. 662. FINGERPRINTING 2 3 FOR CRIMINAL HISTORY RECORD CHECKS. (a) IN GENERAL.-Subsect ion a. of section 149 of 4 th e Atomic Energy Act of 19 54 (42 U.S .C. 2169(a)) is 5 amencled6 (1) by str ikin g "a . The Nuclear " and all that 7 follows through "section 147. " and inserti ng the fol- 8 lowing: 9 "a . IN GENER.Af1.- lO "( l ) RIJ:QUTREMEN'1'8 .- ll "(A) I N GENERAL .- T he Comrn.ission shall require each individual or ent ity- 12 13 "( i) that is licensed or certifi ed to en- 14 gage in an activity subj ect to regulation by 15 the Commission ; 16 "( ii ) tha t ha s filed an application for 17 a license or certificate to engage in an ac- 18 tivity subject t o regulati on by the Commis- 19 s10n; or 20 "( iii) that has notified th e Comn1is- 21 sion, in ,vritin g, of an intent to file an ap- 22 plication for licensing, certificat ion, perrnit- 23 ting, or approval of a p roduct or activity 24 subject to regulati on by the Commission, 25 to fingerprint each individual described in sub- 26 para gr aph (B ) before the individual is peroHR 6 EH AMERICA!\ pVERSIGHT 257 CEQ050FY18091 _000000439 CEQ-18-0173-C-000295 255 1 SEC. 662. FINGERPRINTING 2 3 FOR CRIMINAL HISTORY RECORD CHECKS. (a) IN GENERAL.-Subsect ion a. of section 149 of 4 th e Atomic Energy Act of 19 54 (42 U.S .C. 2169(a)) is 5 amencled6 (1) by str ikin g "a . The Nuclear " and all that 7 follows through "section 147. " and inserti ng the fol- 8 lowing: 9 "a . IN GENER.Af1.- lO "( l ) RIJ:QUTREMEN'1'8 .- ll "(A) I N GENERAL .- T he Comrn.ission shall require each individual or ent ity- 12 13 "( i) that is licensed or certifi ed to en- 14 gage in an activity subj ect to regulation by 15 the Commission ; 16 "( ii ) tha t ha s filed an application for 17 a license or certificate to engage in an ac- 18 tivity subject t o regulati on by the Commis- 19 s10n; or 20 "( iii) that has notified th e Comn1is- 21 sion, in ,vritin g, of an intent to file an ap- 22 plication for licensing, certificat ion, perrnit- 23 ting, or approval of a p roduct or activity 24 subject to regulati on by the Commission, 25 to fingerprint each individual described in sub- 26 para gr aph (B ) before the individual is peroHR 6 EH AMERICA!\ pVERSIGHT 257 CEQ050FY18091 _000000439 CEQ-18-0173-C-000295 256 1 rnitt ecl tmescort ecl access or access, whichever is 2 applicable, as described in subpara graph (B). "( B) 3 INDIVID UALS RE(JUIRED TO 4 FINGERPRIN'rED.-The 5 quir e to be fingerprin ted each individual 6 BE Commission shall rev;1ho- " (i) is pern1itted un escort ed access 7 to- 8 " (I) a utili zation facility; or 9 "( II) radioacti ve material or 10 oth er prop ert y subj ect to regulat ion 11 by th e Commission that the Commis- 12 sion determin es to be of such sig,ufi- 13 can ce to the public health and safety 14 or the common defe11se and securit y 15 as 16 ba ckgTound checks; or 17 " (ii) is permitt ed access to safeguard s 18 to warr ant fingerprintin g and information und er section 14 7."; 19 (2) by strikin g "All fingerprint s obtain ed by a 20 licensee or appli cant as requir ed in th e pr eceding 21 sentence" and in sertin g the following: 22 "(2) SUBMISSION TO TH I\ ring new section : 12 "SEC. 170C. SECURE TRANSFER OF NUCLEAR MATERIALS. 13 ''a . rrhe Nuclear Regulatory Commission shall cstab - 14 lish a system to ensur e that materials described in sub15 section b., when tran sferr ed or r eceived in th e United 16 States by any party pur suant to an import or e:xport li17 censc issued pursuant to this Act, are accompanied by a 18 man ifest describing th e type and amount of materials 19 being tr ansferr ed or received. Ea ch individual receiving or 20 accompanying the transfer of such materials sha ll be sub 21 j ect to a securit y background check conducted by appro 22 p1"iate F ederal ent ities. 23 "b. Except as othenlirise provided by the Commission 24 by regulation , th e materiah:; referr ed to in subsection a. 25 ar c byproduct mat eria ls, som?cc materials, special nuclear oHR 6 EH AMERICA!\ pVERSIGHT 266 CEQ050 FY18091_000000439 CEQ-18-0173-C-000304 264 1 (b) PENAI/l'IES.-S ection 236 of th e Atomic En ergy 2 Act of 1954 (42 U.S.C. 2284) is amended by strik ing 3 "$ 10,000 or impri soned for not more than 20 years, or 4 both, and, if deat h result s to any person , shall be impris5 oncd for any term of years or for life" both places it ap6 pears and insertin g "$ 1,000,000 or impr isoned for up to 7 life v1rithoutparole" . 8 9 SEC. 666. SECURE TRANSFER OF NUCLEAR MATERIALS. (a) AlvIEN DMENT.- Chapt cr 14 of the Atomic En ergy 10 Act of 1954 (42 U .S.C . 2201- 2210b) is amended by addring new section : 11 ing at th e end the follm>\ 12 "SEC. 170C. SECURE TRANSFER OF NUCLEAR MATERIALS. 13 ''a . rrhe Nuclear Regulatory Commission shall cstab - 14 lish a system to ensur e that materials described in sub15 section b., when tran sferr ed or r eceived in th e United 16 States by any party pur suant to an import or e:xport li17 censc issued pursuant to this Act, are accompanied by a 18 man ifest describing th e type and amount of materials 19 being tr ansferr ed or received. Ea ch individual receiving or 20 accompanying the transfer of such materials sha ll be sub 21 j ect to a securit y background check conducted by appro 22 p1"iate F ederal ent ities. 23 "b. Except as othenlirise provided by the Commission 24 by regulation , th e materiah:; referr ed to in subsection a. 25 ar c byproduct mat eria ls, som?cc materials, special nuclear oHR 6 EH AMERICA!\ pVERSIGHT 266 CEQ050 FY18091_000000439 CEQ-18-0173-C-000304 265 1 materia]s, high-level radioactive waste, spent nuclear fuel, 2 tr ans ura nic waste, and low-level radioactive vmste (as de3 fined in section 2(16) of the Nuclear vVaste Policy Act 4 of 1982 (42 U.S .C. 10101 (16)))." . 5 (b) REGULA'l'IONS.- Not later than 1 year after the 6 dat e of the enactment of tlu s Act, and from tim e to time 7 th ereafter as it considers necessai:y, the Nuclear Regu8 latory Commission shaU issue regulation s identifying ra9 dioactive materia ls or classes of individuals that, con10 sistent with the protect ion of public health and safety and 11 the common defense and securit y, ar e appropriate excep12 tion s to th e requirements of section 170C of the Atomic 13 En ergy Act of 1954, as added by subsection (a) of this 14 section. 15 (c) EF 'l -'EC'l'IVl ~ DNL'E.-1 1 he amendment made by 16 subsection (a) shall tak e effect upon the issuan ce of r egu17 lations under subsection (b), except that the backgTotmd 18 check requirement sh all become effective on a dat e esta b19 lished by the Commission. 20 .-Not hing in this sec(d) EFFECT ON OTIIER LAV\1 21 tion or the amendment made by this section shaJl waive, 22 modify, or affect th e application of chapt er 51 of tit le 49, 23 United States Code, part A of subt itle V of title 49, 24 Unit ed Stat es Code, part B of subtitl e VI of tit le 49, 25 United States Code, and tit le 23, United States Code. oHR 6 EH AMERICA!\ pVERSIGHT 267 CEQ050FY18091 _000000439 CEQ-18-0173-C-000305 265 1 materia]s, high-level radioactive waste, spent nuclear fuel, 2 tr ans ura nic waste, and low-level radioactive vmste (as de3 fined in section 2(16) of the Nuclear vVaste Policy Act 4 of 1982 (42 U.S .C. 10101 (16)))." . 5 (b) REGULA'l'IONS.- Not later than 1 year after the 6 dat e of the enactment of tlu s Act, and from tim e to time 7 th ereafter as it considers necessai:y, the Nuclear Regu8 latory Commission shaU issue regulation s identifying ra9 dioactive materia ls or classes of individuals that, con10 sistent with the protect ion of public health and safety and 11 the common defense and securit y, ar e appropriate excep12 tion s to th e requirements of section 170C of the Atomic 13 En ergy Act of 1954, as added by subsection (a) of this 14 section. 15 (c) EF 'l -'EC'l'IVl ~ DNL'E.-1 1 he amendment made by 16 subsection (a) shall tak e effect upon the issuan ce of r egu17 lations under subsection (b), except that the backgTotmd 18 check requirement sh all become effective on a dat e esta b19 lished by the Commission. 20 .-Not hing in this sec(d) EFFECT ON OTIIER LAV\1 21 tion or the amendment made by this section shaJl waive, 22 modify, or affect th e application of chapt er 51 of tit le 49, 23 United States Code, part A of subt itle V of title 49, 24 Unit ed Stat es Code, part B of subtitl e VI of tit le 49, 25 United States Code, and tit le 23, United States Code. oHR 6 EH AMERICA!\ pVERSIGHT 267 CEQ050FY18091 _000000439 CEQ-18-0173-C-000305 266 1 (e) rI' AB Lg OF' SBCTlONS J\JvII:!}N DMKNT.-'fl1 e tab le of 2 section s for chapt er 14 of th e Atomi c En ergy Act of 1954 3 is am end ed by addin g at th e end th e follmving new it em : " See. 170 C. SecllJ?e tra nsfe r of 11uclear mate ria ls.' ?. 4 SEC. 667. DEPARTMENT OF HOMELAND SECURITY CON- 5 6 SULTATION. B efore issuin g a licen se for a ut ilizati on facilit y, th e 7 Nu clear Regulator y Comm ission sha ll consuJt with the D e- 8 partrn ent of Hom eland Securit y con cernin g th e pot ential 9 vuJner abihti es of t h e location of th e propo sed facilit y t o 10 t errori st atta ck. 11 SEC. 66 8. AUTHORIZATION OF AP PR OPRIATIONS . 12 (a) IN GENERAL.- Th ere ar c authoriz ed to b e appro- 13 priat ed su ch stm1s as ar e necess ar y to car ry out this sub14 titl e and th e am endm ent s made by thi s su bti tle. 15 (b) NUCLEAR REGULATORY C0Ml\IISSI0 N USER FEE S 16 AND fu"\/NUAL CI-IARGES.-S ection 6101 of th e Omn ibu s 17 Budget Recon ciliati on Act of 1990 (42 U.S.C. 2214) is 18 amended(1) in sub section (a) - 19 20 (A) by striking 111 (3), th e" and inserti ng " Th e" m 21 paragraph 22 par agr aph (1) ; and 23 "Exc ept as provid ed (B) by st r iking p aragTap h (3); and 24 (2) in sub section (c)- oHR 6 EH AMERICA!\ pVERSIGHT 268 CEQ050 FY18091_000000439 CEQ-18-0173-C-000306 266 1 (e) rI' AB Lg OF' SBCTlONS J\JvII:!}N DMKNT.-'fl1 e tab le of 2 section s for chapt er 14 of th e Atomi c En ergy Act of 1954 3 is am end ed by addin g at th e end th e follmving new it em : " See. 170 C. SecllJ?e tra nsfe r of 11uclear mate ria ls.' ?. 4 SEC. 667. DEPARTMENT OF HOMELAND SECURITY CON- 5 6 SULTATION. B efore issuin g a licen se for a ut ilizati on facilit y, th e 7 Nu clear Regulator y Comm ission sha ll consuJt with the D e- 8 partrn ent of Hom eland Securit y con cernin g th e pot ential 9 vuJner abihti es of t h e location of th e propo sed facilit y t o 10 t errori st atta ck. 11 SEC. 66 8. AUTHORIZATION OF AP PR OPRIATIONS . 12 (a) IN GENERAL.- Th ere ar c authoriz ed to b e appro- 13 priat ed su ch stm1s as ar e necess ar y to car ry out this sub14 titl e and th e am endm ent s made by thi s su bti tle. 15 (b) NUCLEAR REGULATORY C0Ml\IISSI0 N USER FEE S 16 AND fu"\/NUAL CI-IARGES.-S ection 6101 of th e Omn ibu s 17 Budget Recon ciliati on Act of 1990 (42 U.S.C. 2214) is 18 amended(1) in sub section (a) - 19 20 (A) by striking 111 (3), th e" and inserti ng " Th e" m 21 paragraph 22 par agr aph (1) ; and 23 "Exc ept as provid ed (B) by st r iking p aragTap h (3); and 24 (2) in sub section (c)- oHR 6 EH AMERICA!\ pVERSIGHT 268 CEQ050 FY18091_000000439 CEQ-18-0173-C-000306 267 1 (A) by strikin g " and " at th e end of paragra ph (2)(A)(i); 2 3 (B) by striking the period at the encl of 4 paragraph (2)(A)(ii) and inserting a semicolon; (C) by adding at the end of paragraph 5 6 (2)(A) th e following n ew clauses: 7 "( iii) amounts appropriated to th e 8 Commission for th e fiscal yea r for impl e- 9 ment at ion of sect ion 3116 of the Ronald 10 vV. Reagan Na tional D efense Authoriza tion 11 Act for Fi scal Ycm? 200 5; and 12 "( iv) amount s appropriated to th e 13 Commission for hom eland sectU'itv ., activi- 14 ties of th e Commission for th e fiscal yea r , 15 except for th e costs of fo1gerprintin g and 16 backgT01md checks r equir ed by section 149 17 of the Atomic En ergy Act of 1954 (42 18 U .S .C . 2 169) and the costs of condu cting 19 securit y inspect ions."; and 20 (D ) by ame ndin g para graph (2)(B)(v) to 21 rea d as follows: 22 "(v) 90 per cent for fiscal year 2005 23 and each fiscal year th ereafter." . oHR 6 EH AMERICA!\ pVERSIGHT 269 CEQ050FY18091 _000000439 CEQ-18-0173-C-000307 267 1 (A) by strikin g " and " at th e end of paragra ph (2)(A)(i); 2 3 (B) by striking the period at the encl of 4 paragraph (2)(A)(ii) and inserting a semicolon; (C) by adding at the end of paragraph 5 6 (2)(A) th e following n ew clauses: 7 "( iii) amounts appropriated to th e 8 Commission for th e fiscal yea r for impl e- 9 ment at ion of sect ion 3116 of the Ronald 10 vV. Reagan Na tional D efense Authoriza tion 11 Act for Fi scal Ycm? 200 5; and 12 "( iv) amount s appropriated to th e 13 Commission for hom eland sectU'itv ., activi- 14 ties of th e Commission for th e fiscal yea r , 15 except for th e costs of fo1gerprintin g and 16 backgT01md checks r equir ed by section 149 17 of the Atomic En ergy Act of 1954 (42 18 U .S .C . 2 169) and the costs of condu cting 19 securit y inspect ions."; and 20 (D ) by ame ndin g para graph (2)(B)(v) to 21 rea d as follows: 22 "(v) 90 per cent for fiscal year 2005 23 and each fiscal year th ereafter." . oHR 6 EH AMERICA!\ pVERSIGHT 269 CEQ050FY18091 _000000439 CEQ-18-0173-C-000307 268 1 (c) RIPL JCNl'T0NS.-If NUi\JBI~R the Admfrustrator does for a fiscal year , th e Administrator (1) IN GENERA I,.-A shall grant und er this section 24 shall be u sed for the replacement of school buses 25 manufa ctLu?ed b efore model year 199 1 vYith alter- oHR 6 EH AMERICA!\ pVERSIGHT 295 CEQ050FY18091 _000000439 CEQ-18-0173-C-000333 293 1 association ha s notified and received approval from 2 th e 1 or m.ore school systems to be served by the 3 buses. 4 (cl) AW.ARD DEADLINES.- 5 (1) IN GENERAL.- Subj ect to pa ragraph 6 th e Administrator shal1 award a grant made to a 7 qualified applicant for a fiscal year- (2), 8 (A) in the case of th e first fiscal year of 9 program implementation , not lat er than th e 10 dat e that is 90 days after the applicat ion dead- 11 line established und er subsection (b)(2); and 12 (B) in th e case of each subsequent fiscal 13 year, not lat er than August 1 of th e fiscal year. 14 (2) I NSUF'F IC IENT OF QUJ\l,IF'IED 15 GR,1\JYr 16 not receive a sufficient number of qualified grant ap- 17 plicat ions to meet the requirements of subsection 18 (i)(l) 19 award a gra nt mad e to a qualified applicant und er 20 subsection (i)(2) not late r than September 30 of the 21 fiscal year. 22 (e) T YP ES OF GRAN'l'S.- 23 J\J>PL JCNl'T0NS.-If NUi\JBI~R the Admfrustrator does for a fiscal year , th e Administrator (1) IN GENERA I,.-A shall grant und er this section 24 shall be u sed for the replacement of school buses 25 manufa ctLu?ed before model year 199 1 vYith alter- oHR 6 EH AMERICA!\ pVERSIGHT 295 CEQ050FY18091 _000000439 CEQ-18-0173-C-000333 294 1 nativ e fuel school bu ses and ultra-l ow sulfur diesel 2 fuel school bu ses . 3 (2) No ECONOMIC BENEFIT.- Oth er t han th e 4 receipt of th e grant , a recipient of a grant und er thi s 5 section may not r eceive any economi c benefit in con- 6 nection with th e receipt of th e grant. 7 (3) Pt {IORI'I'Y OF GRAN'l' APPU CNl'IONS.-Th e 8 Admini str ator shaJl give priorit y t o app licant s that 9 propo se to repla ce school bu ses manu factur ed befor e 10 model year 1977 . 11 (f) CONDITIONS OF GRAJY r .- A g1?ant pro vided und er 12 thi s section sha11in clude th e following conditi ons: 13 ( 1) Sc1-I00I .1 BUS l1' JJ8E'l'.- All bu ses acquir ed 14 with fund s pro vided und er th e grant shall be oper- 15 ated as part of th e school bu s fleet for which th e 16 grant ,,vas mad e for a minimum of 5 year s. 17 18 (2 ) U SB OF' F'UNDS.-Ftmd s pro vided und er th e grant 11.1a y only be usecl- 19 (A) to pay th e cost , except as pr ovided in 20 par agraph (3), of ncvv alternative fuel school 21 bu ses or ultr a-low sulfur 22 bu ses, in cludin g St ate ta.,~es and contra ct fees 23 ass ociated wit h t he acqui siti on of su ch bu ses; 24 and diese l fuel school (B ) t o pr ovide- 25 oHR 6 EH AMERICA!\ pVERSIGHT 296 CEQ050FY18091 _000000439 CEQ-18-0173-C-000334 294 1 nativ e fuel school bu ses and ultra-l ow sulfur diesel 2 fuel school bu ses . 3 (2) No ECONOMIC BENEFIT.- Oth er t han th e 4 receipt of th e grant , a recipient of a grant und er thi s 5 section may not r eceive any economi c benefit in con- 6 nection with th e receipt of th e grant. 7 (3) Pt {IORI'I'Y OF GRAN'l' APPU CNl'IONS.-Th e 8 Admini str ator shaJl give priorit y t o app licant s that 9 propo se to repla ce school bu ses manu factur ed befor e 10 model year 1977 . 11 (f) CONDITIONS OF GRAJY r .- A g1?ant pro vided und er 12 thi s section sha11in clude th e following conditi ons: 13 ( 1) Sc1-I00I .1 BUS l1' JJ8E'l'.- All bu ses acquir ed 14 with fund s pro vided und er th e grant shall be oper- 15 ated as part of th e school bu s fleet for which th e 16 grant ,,vas mad e for a minimum of 5 year s. 17 18 (2 ) U SB OF' F'UNDS.-Ftmd s pro vided und er th e grant 11.1a y only be usecl- 19 (A) to pay th e cost , except as pr ovided in 20 par agraph (3), of ncvv alternative fuel school 21 bu ses or ultr a-low sulfur 22 bu ses, in cludin g St ate ta.,~es and contra ct fees 23 ass ociated wit h t he acqui siti on of su ch bu ses; 24 and diese l fuel school (B ) t o pr ovide- 25 oHR 6 EH AMERICA!\ pVERSIGHT 296 CEQ050FY18091 _000000439 CEQ-18-0173-C-000334 295 1 (i) up to 20 percent of the pri ce of the 2 alternati ve fuel school bu ses acquired, for 3 necessary alternative fuel infra st ructur e if 4 t he infrastructure 5 the gra nt recipient; and will only be available to 6 (ii) up to 25 percent of th e pri ce of 7 the alternative fuel school bu ses acquir ed, 8 for necessary alternative fuel infrastructure 9 if the infrastru cture vvill be available to the 10 grant recipient and to other bus fleet s. 11 12 (3) GRAl'\T'l' RECIPIENT FUNDS .-'1 1 he grant re- cipient shall be required to provide at least- 13 (A) in the case of a grant recipient de- 14 scribed in pai~agraph (1) m? (3) of subsection 15 (c), the lesser of(i) an amount equal to 15 percent of 16 the total cost of each bus received; or 17 18 (ii) $15,000 per bus; and 19 (B ) in the case of a grant recipient de- 20 scribed in subsection (c)(2), the lesser of- 21 (i) an amount equal to 20 percent of the total cost of each bus received; or 22 23 (ii) $20,000 per bus. 24 (4) U urR A-LO\V SU LFUR DIESEL FUEL. - ln the 25 case of a grant recipient r eceiving a grant for ultra - oHR 6 EH AMERICA!\ pVERSIGHT 297 CEQ050FY18091 _000000439 CEQ-18-0173-C-000335 295 1 (i) up to 20 percent of the pri ce of the 2 alternati ve fuel school bu ses acquired, for 3 necessary alternative fuel infra st ructur e if 4 t he infrastructure 5 the gra nt recipient; and will only be available to 6 (ii) up to 25 percent of th e pri ce of 7 the alternative fuel school bu ses acquir ed, 8 for necessary alternative fuel infrastructure 9 if the infrastru cture vvill be available to the 10 grant recipient and to other bus fleet s. 11 12 (3) GRAl'\T'l' RECIPIENT FUNDS .-'1 1 he grant re- cipient shall be required to provide at least- 13 (A) in the case of a grant recipient de- 14 scribed in pai~agraph (1) m? (3) of subsection 15 (c), the lesser of(i) an amount equal to 15 percent of 16 the total cost of each bus received; or 17 18 (ii) $15,000 per bus; and 19 (B ) in the case of a grant recipient de- 20 scribed in subsection (c)(2), the lesser of- 21 (i) an amount equal to 20 percent of the total cost of each bus received; or 22 23 (ii) $20,000 per bus. 24 (4) U urR A-LO\V SU LFUR DIESEL FUEL. - ln the 25 case of a grant recipient r eceiving a grant for ultra - oHR 6 EH AMERICA!\ pVERSIGHT 297 CEQ050FY18091 _000000439 CEQ-18-0173-C-000335 296 1 low sulfur diesel fuel school buses, th e grant recipi- 2 ent shall be required to provide docum entat ion to 3 the sat isfactio n of the Administrator that diesel fuel 4 containing sulfur at not mor e t han 15 parts per mil - 5 lion is available for carrying out the pur poses of the 6 gr ant , and a conunitment by t he appb cant to u se 7 su ch fu el in carrying out the purposes of the grant. 8 (5) Tnn NG.-A Jl alter na tive fuel school bu ses, 9 ultra- low sulfur diesel fuel school bu ses, or alt er- 10 nativ e fu el infra stru ctur e acquir ed und er a grant 11 awarded unde r this section shall be pur chased and 12 plac ed in service as soon as practicable. 13 (g) Busu:s.- 14 (1) I N GENERAL.-Except as provided in para- 15 graph (2), funding unde r a grant ma de und er this 16 section for th e acquisition of new alternat ive fuel 17 school buses or ultra-low sulfur diesel fuel school 18 bu ses shall only be used to acquir e school buses- 19 (A) v1ritha gross vehicle ?weight of greate r 20 than 14,00 0 pound s; (B) th at are powered by a heavy duty en- 21 gme; 22 23 (C) m the case of alternative fuel school manufa ctur ed in model year s 2004 24 bu ses 25 tlu?ough 2006, that emit not mor e tha n 1.8 oHR 6 EH AMERICA!\ pVERSIGHT 298 CEQ050FY18091 _000000439 CEQ-18-0173-C-000336 296 1 low sulfur diesel fuel school buses, th e grant recipi- 2 ent shall be required to provide docum entat ion to 3 the sat isfactio n of the Administrator that diesel fuel 4 containing sulfur at not mor e t han 15 parts per mil - 5 lion is available for carrying out the pur poses of the 6 gr ant , and a conunitment by t he appb cant to u se 7 su ch fu el in carrying out the purposes of the grant. 8 (5) Tnn NG.-A Jl alter na tive fuel school bu ses, 9 ultra- low sulfur diesel fuel school bu ses, or alt er- 10 nativ e fu el infra stru ctur e acquir ed und er a grant 11 awarded unde r this section shall be pur chased and 12 plac ed in service as soon as practicable. 13 (g) Busu:s.- 14 (1) I N GENERAL.-Except as provided in para- 15 graph (2), funding unde r a grant ma de und er this 16 section for th e acquisition of new alternat ive fuel 17 school buses or ultra-low sulfur diesel fuel school 18 bu ses shall only be used to acquir e school buses- 19 (A) v1ritha gross vehicle ?weight of greate r 20 than 14,00 0 pound s; (B) th at are powered by a heavy duty en- 21 gme; 22 23 (C) m the case of alternative fuel school manufa ctur ed in model year s 2004 24 bu ses 25 tlu?ough 2006, that emit not mor e tha n 1.8 oHR 6 EH AMERICA!\ pVERSIGHT 298 CEQ050FY18091 _000000439 CEQ-18-0173-C-000336 297 1 grams per brak e hor sepower-hour of non- 2 methan e hydro carbon s and oxides of nitro gen 3 and .01 gram s per brak e hor sepower-hour of 4 par t iculat e matt er ; and 5 (D) in th e case of ultra-lo w sulfur diesel 6 fuel school buses manufa ctur ed in model year s 7 2004 throu gh 2006 , that emit not mor e than 8 2.5 gTams per brak e hor sepower-hour of non- 9 methan e hydr ocarbon s and oxides of nitro gen 10 and .01 gram s per brak e hor scpm,ver-hour of 11 par t iculat e matt er . 12 (2) L IMI'l'ATIO NS.-A bu s shall not be acquir ed 13 und er thi s section that emits nonm ethan e hydro- 14 carbon s, oxides of nitro gen , or parti culate matt er at 15 a rate grea ter than th e best performing technology 16 of the same class of ultra-lo w sulfur diesel fuel 17 school buses commercially available at th e tim e th e 18 grant is mad e. 19 (h) DEPLOYME NT AL~D DISTRIBUTION.- The Admin- 20 istrat or shall21 (1) seek, to th e maximum extent pra cticable, to 22 achi eve natiom vide deployment of alternati ve fuel 23 school bu ses and ultr a-lov,r sulfur diesel fuel school 24 buses thr ough th e progr am und er thi s section; and oHR 6 EH AMERICA!\ pVERSIGHT 299 CEQ050FY18091 _000000439 CEQ-18-0173-C-000337 297 1 grams per brak e hor sepower-hour of non- 2 methan e hydro carbon s and oxides of nitro gen 3 and .01 gram s per brak e hor sepower-hour of 4 par t iculat e matt er ; and 5 (D) in th e case of ultra-lo w sulfur diesel 6 fuel school buses manufa ctur ed in model year s 7 2004 throu gh 2006 , that emit not mor e than 8 2.5 gTams per brak e hor sepower-hour of non- 9 methan e hydr ocarbon s and oxides of nitro gen 10 and .01 gram s per brak e hor scpm,ver-hour of 11 par t iculat e matt er . 12 (2) L IMI'l'ATIO NS.-A bu s shall not be acquir ed 13 und er thi s section that emits nonm ethan e hydro- 14 carbon s, oxides of nitro gen , or parti culate matt er at 15 a rate grea ter than th e best performing technology 16 of the same class of ultra-lo w sulfur diesel fuel 17 school buses commercially available at th e tim e th e 18 grant is mad e. 19 (h) DEPLOYME NT AL~D DISTRIBUTION.- The Admin- 20 istrat or shall21 (1) seek, to th e maximum extent pra cticable, to 22 achi eve natiom vide deployment of alternati ve fuel 23 school bu ses and ultr a-lov,r sulfur diesel fuel school 24 buses thr ough th e progr am und er thi s section; and oHR 6 EH AMERICA!\ pVERSIGHT 299 CEQ050FY18091 _000000439 CEQ-18-0173-C-000337 298 1 (2) ensure a broad geogTaphic distribution of 2 grant awards, vvith a goal of no State recei,ring more 3 than 10 percent of th e grant funding mad e available 4 und er thi s section for a fiscal year. 5 (i) _ALLOCA'I'ION OF F UN DS.- 6 (1) IN GENERAL.-SuQj ect to para graph (2), of 7 th e amount of grant ftmding mad e available to carr y 8 out this section for any fiscal year, th e Adminis- 9 trator shall use- 10 (A) 70 percent for the acquisition of alter- 11 nativ e fuel school buses or supporting infra- 12 structur e? and ' 13 (B) 30 percent for the acquisition of ultra- 14 low sulfur diesel fuel school buses. 15 (2) l NSUFFIC IE N'I' NUMBE R OF' QUJ\L ll o'IE D 16 GH,AN'l' APP11LCATlONS.-After 17 which this program is in effect, if the Administrator 18 docs not receive a sufficient number of qualified 19 grant applicat ions to meet the requirement s of sub- 20 paragr aph (A) or (B) of paragraph (1) for a fiscal 21 year, effective beginning on August l of th e fiscal 22 year, th e Administrator shall make the remammg 23 funds available to other qualified grant applicant s 24 under this section. th e first fiscal year in oHR 6 EH AMERICA!\ pVERSIGHT 300 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000338 298 1 (2) ensure a broad geogTaphic distribution of 2 grant awards, vvith a goal of no State recei,ring more 3 than 10 percent of th e grant funding mad e available 4 und er thi s section for a fiscal year. 5 (i) _ALLOCA'I'ION OF F UN DS.- 6 (1) IN GENERAL.-SuQj ect to para graph (2), of 7 th e amount of grant ftmding mad e available to carr y 8 out this section for any fiscal year, th e Adminis- 9 trator shall use- 10 (A) 70 percent for the acquisition of alter- 11 nativ e fuel school buses or supporting infra- 12 structur e? and ' 13 (B) 30 percent for the acquisition of ultra- 14 low sulfur diesel fuel school buses. 15 (2) l NSUFFIC IE N'I' NUMBE R OF' QUJ\L ll o'IE D 16 GH,AN'l' APP11LCATlONS.-After 17 which this program is in effect, if the Administrator 18 docs not receive a sufficient number of qualified 19 grant applicat ions to meet the requirement s of sub- 20 paragr aph (A) or (B) of paragraph (1) for a fiscal 21 year, effective beginning on August l of th e fiscal 22 year, th e Administrator shall make the remammg 23 funds available to other qualified grant applicant s 24 under this section. th e first fiscal year in oHR 6 EH AMERICA!\ pVERSIGHT 300 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000338 299 1 (j ) R@) UC'l'I ON SCHOOL Bus lDLCNG.-Each OF 2 local edu cat ionaJ agency (as defined in section 9101 of the 3 El ementar y and Secondary Edu cat ion Act of 196 5 (20 4 U .S.C. 7801 )) that receives F ederal fund s under the Elc5 mentar y and Secondar y Edu cat ion Act of 196 5 (20 U.S .C. 6 6301 et seq.) is encourage d to develop a policy, consistent 7 ,~~th the health, safe ty, and welfare of st udents and the 8 proper operation and maintenance of school buses, to re- 9 du ce t he incidence of unn ecessary school bu s idling at 10 schools when picking up and unloadin g stud ents. 11 (k) A.i'-JNUAL REPOR'l' .- 12 ( 1) IN GENERAL .-Not lat er tha n Januar y 31 13 of each year , th e Administ rato r shall tran smit to 14 Congress a report evaluati ng implement atio n of tb e 15 programs und er th.is section and section 743 . (2) Col\IPONEN'l'S.-'rh e report s shall include a 16 17 description of(A) the tota l nurn be1? of grant applications 18 19 received? ' 20 (B) t he numb er and types of alternative 21 fuel school buses , ultra-l ow sulfur diesel fuel 22 school bu ses, and retrofitted bu ses requeste d in 23 grant applicat ions; (C) gran ts awan lcd and the criteria used 24 to select the grant recipients; 25 oHR 6 EH AMERICA!\ pVERSIGHT 301 CEQ050FY18091 _000000439 CEQ-18-0173-C-000339 299 1 (j ) R@) UC'l'I ON SCHOOL Bus lDLCNG.-Each OF 2 local edu cat ionaJ agency (as defined in section 9101 of the 3 El ementar y and Secondary Edu cat ion Act of 196 5 (20 4 U .S.C. 7801 )) that receives F ederal fund s under the Elc5 mentar y and Secondar y Edu cat ion Act of 196 5 (20 U.S .C. 6 6301 et seq.) is encourage d to develop a policy, consistent 7 ,~~th the health, safe ty, and welfare of st udents and the 8 proper operation and maintenance of school buses, to re- 9 du ce t he incidence of unn ecessary school bu s idling at 10 schools when picking up and unloadin g stud ents. 11 (k) A.i'-JNUAL REPOR'l' .- 12 ( 1) IN GENERAL .-Not lat er tha n Januar y 31 13 of each year , th e Administ rato r shall tran smit to 14 Congress a report evaluati ng implement atio n of tb e 15 programs und er th.is section and section 743 . (2) Col\IPONEN'l'S.-'rh e report s shall include a 16 17 description of(A) the tota l nurn be1? of grant applications 18 19 received? ' 20 (B) t he numb er and types of alternative 21 fuel school buses , ultra-l ow sulfur diesel fuel 22 school bu ses, and retrofitted bu ses requeste d in 23 grant applicat ions; (C) gran ts awan lcd and the criteria used 24 to select the grant recipients; 25 oHR 6 EH AMERICA!\ pVERSIGHT 301 CEQ050FY18091 _000000439 CEQ-18-0173-C-000339 300 1 (D) certifi ed engine em1ss10n levels of aJI 2 buses purcha .sed or retrofitt ed und er th e pro- 3 grams under this section and section 743; 4 (E) an evaluation of th e in-use emission 5 level of buses pur chased or retrofitt ed under the 6 program s und er thi s section and section 7 43; 7 and (F) any other information the Adminis- 8 9 10 trator consider s appropriat e. (I) AUTHORIZATIONOF' .APPROPRIATIONS. - There 11 ar c auth orized to be appropriat ed to th e Administrator to 12 carr y out this section , to remain available m1tiJ 14 (1) $45,000,000 for fiscal year 200 5; 15 (2) $65, 000 ,000 for fiscal year 2006; 16 (3) $90,000,0 00 for fiscal year 2007; and 17 (4) such sum s as are necessary for each of fis- 18 19 20 cal years 20 08 and 2009. SEC. 743 . DIESEL RETROF IT PROGRAM. (a) ESTABLISIIME NT.-~ rh e Administrat or, m con- 21 sultation with the Secretary, shall est ablish a program for 22 awardin g gTants on a competitiv e basis to entiti es for the 23 installat ion of retrofit technologies for diesel school buses. 24 (b) ELIGIBLE RECIPIENTS.- A grant shall be award- 25 ed und er this section only- oHR 6 EH AMERICA!\ pVERSIGHT 302 CEQ050FY18091 _000000439 CEQ-18-0173-C-000340 300 1 (D) certifi ed engine em1ss10n levels of aJI 2 buses purcha .sed or retrofitt ed und er th e pro- 3 grams under this section and section 743; 4 (E) an evaluation of th e in-use emission 5 level of buses pur chased or retrofitt ed under the 6 program s und er thi s section and section 7 43; 7 and (F) any other information the Adminis- 8 9 10 trator consider s appropriat e. (I) AUTHORIZATIONOF' .APPROPRIATIONS. - There 11 ar c auth orized to be appropriat ed to th e Administrator to 12 carr y out this section , to remain available m1tiJ 14 (1) $45,000,000 for fiscal year 200 5; 15 (2) $65, 000 ,000 for fiscal year 2006; 16 (3) $90,000,0 00 for fiscal year 2007; and 17 (4) such sum s as are necessary for each of fis- 18 19 20 cal years 20 08 and 2009. SEC. 743 . DIESEL RETROF IT PROGRAM. (a) ESTABLISIIME NT.-~ rh e Administrat or, m con- 21 sultation with the Secretary, shall est ablish a program for 22 awardin g gTants on a competitiv e basis to entiti es for the 23 installat ion of retrofit technologies for diesel school buses. 24 (b) ELIGIBLE RECIPIENTS.- A grant shall be award- 25 ed und er this section only- oHR 6 EH AMERICA!\ pVERSIGHT 302 CEQ050FY18091 _000000439 CEQ-18-0173-C-000340 301 1 (1) to a local or State governm ental entit y re- 2 sponsible for prmriding school bu s service to 1 or 3 more public school syst ems; 4 (2) to 1 or more contra cting entitie s that pro- 5 vide school bu s service to 1 or more public school 6 systems, if th e grant application is submjtt ed joiJ1tly 7 with th e 1 or more school systems that th e bu ses 8 vvill serve, except that th e application may pro vide 9 that bu ses pur cha sed using funds awarded shall be 10 owned, operated, and maintain ed exclusively by the 11 1 or mor e contra ctiJ.10? b entiti es? l or 12 (3) to a nonprofit school tran sportation associa - 13 tion repr esentin g private contra cting entiti es, if the 14 associatio n ha s notified and received approval from 15 th e 1 or more school systems to be served by the 16 bu ses. 17 (c) A 'vVAl~.DS.- 18 ( 1) IN GENE RAL .- Th c Adnuni strator shall 19 seek, to the maximum c.irteut pra cticable, to ensur e 20 a broad geograp luc dist ribu tion of grant s under this 21 section. 22 (2) PREl<'ER ENCBS.- ln makin g award s of 23 grant s und er this section , the Administ rato r shall 24 give preference to proposa ls that- oHR 6 EH AMERICA!\ pVERSIGHT 303 CEQ050FY18091 _000000439 CEQ-18-0173-C-000341 301 1 (1) to a local or State governm ental entit y re- 2 sponsible for prmriding school bu s service to 1 or 3 more public school syst ems; 4 (2) to 1 or more contra cting entitie s that pro- 5 vide school bu s service to 1 or more public school 6 systems, if th e grant application is submjtt ed joiJ1tly 7 with th e 1 or more school systems that th e bu ses 8 vvill serve, except that th e application may pro vide 9 that bu ses pur cha sed using funds awarded shall be 10 owned, operated, and maintain ed exclusively by the 11 1 or mor e contra ctiJ.10? b entiti es? l or 12 (3) to a nonprofit school tran sportation associa - 13 tion repr esentin g private contra cting entiti es, if the 14 associatio n ha s notified and received approval from 15 th e 1 or more school systems to be served by the 16 bu ses. 17 (c) A 'vVAl~.DS.- 18 ( 1) IN GENE RAL .- Th c Adnuni strator shall 19 seek, to the maximum c.irteut pra cticable, to ensur e 20 a broad geograp luc dist ribu tion of grant s under this 21 section. 22 (2) PREl<'ER ENCBS.- ln makin g award s of 23 grant s und er this section , the Administ rato r shall 24 give preference to proposa ls that- oHR 6 EH AMERICA!\ pVERSIGHT 303 CEQ050FY18091 _000000439 CEQ-18-0173-C-000341 302 1 (A) will achieve the greatest redu ction s in 2 emjssions of nomnethan e hydro carbon s, oxides 3 of nitrog en , or parti culat e matter per propo sal 4 or per bus; or 5 (B) involve th e u se of ermss10ns control 6 retrofit technology on diesel school bu ses t hat 7 operate solely on ultra- low sulfur diesel fuel. 8 (d) CONDYl' IONS OIo' GRAN'l'.-A gTant shall be pro- 9 vided und er thi s sect ion on the condition s that (1) buses on which ret rofit emissions-contro l 10 11 technology ar c to be demonstrated - 12 (A) will opera te on uJtra-low sulfhr diesel 13 fuel ,;i, ,her e su ch fuel is reasonably available or 14 r equir ed for sale by State or local law or reg111a- 15 tion; (B) were manufa ctured in model yea r 1991 16 17 or later; and 18 (C) ,,~ll be used for the tran sportat ion of 19 school childr en to and from school for a min- 20 irnw11of 5 years; 21 (2) grant fund s will be used for the pur cha se of 22 emission cont rol ret rofit techn ology, includin g State 23 taxes and contra ct fees; an d 24 (3) grant recipient s vwl provid e at leas t 15 pcr - 25 cent of the tota l cost of the retrofit, including the oHR 6 EH AMERICA!\ pVERSIGHT 304 CEQ050FY18091 _000000439 CEQ-18-0173-C-000342 302 1 (A) will achieve the greatest redu ction s in 2 emjssions of nomnethan e hydro carbon s, oxides 3 of nitrog en , or parti culat e matter per propo sal 4 or per bus; or 5 (B) involve th e u se of ermss10ns control 6 retrofit technology on diesel school bu ses t hat 7 operate solely on ultra- low sulfur diesel fuel. 8 (d) CONDYl' IONS OIo' GRAN'l'.-A gTant shall be pro- 9 vided und er thi s sect ion on the condition s that (1) buses on which ret rofit emissions-contro l 10 11 technology ar c to be demonstrated - 12 (A) will opera te on uJtra-low sulfhr diesel 13 fuel ,;i, ,her e su ch fuel is reasonably available or 14 r equir ed for sale by State or local law or reg111a- 15 tion; (B) were manufa ctured in model yea r 1991 16 17 or later; and 18 (C) ,,~ll be used for the tran sportat ion of 19 school childr en to and from school for a min- 20 irnw11of 5 years; 21 (2) grant fund s will be used for the pur cha se of 22 emission cont rol ret rofit techn ology, includin g State 23 taxes and contra ct fees; an d 24 (3) grant recipient s vwl provid e at leas t 15 pcr - 25 cent of the tota l cost of the retrofit, including the oHR 6 EH AMERICA!\ pVERSIGHT 304 CEQ050FY18091 _000000439 CEQ-18-0173-C-000342 303 1 pur cha se of emission control r etrofit t echnology and 2 all necessa ry labor for installation of th e retrofit . 3 (e) VERIFICA'l'ION.- Not la ter than 90 days after the 4 dat e of ena ct ment of thi s Act, th e Administrator shall 5 publi sh in th e F ederal Registe r pro cedur es to verify- 6 (1) the ret rofit emissions-control technology to 7 be demonst rat ed; 8 (2) that bu ses powered by ultra-low sulfur die- 9 sel fuel on ?which r etrofit emissions-control tech- 10 nology arc to be demonstrat ed will operate on diesel 11 fuel contai nin g not mor e than 15 part s per million 12 of sulfur? and ' 13 (3) that gTant s are admin istered in accordance 14 with thi s sect ion. 15 (f) AU 'l'I--IORI7.,Nrl0N 0 1o' .A.PPROPRINrTONS.-There 16 are author ized to be appropriated to th e Adm inistrator to 17 carry out this section , to remain available tmtiJ 18 C)q)cudcd19 (1) $20,000,000 for fiscal yea r 2005; 20 (2) $35,000,000 for fisca l year 2006 ; 21 (3) $45,000,000 for fiscal year 2007; an d 22 ( 4) such sum s as ar e necessa ry for each of fis- 23 cal years 20 08 and 2009. oHR 6 EH AMERICA!\ pVERSIGHT 305 CEQ050FY18091 _000000439 CEQ-18-0173-C-000343 303 1 pur cha se of emission control r etrofit t echnology and 2 all necessa ry labor for installation of th e retrofit . 3 (e) VERIFICA'l'ION.- Not la ter than 90 days after the 4 dat e of ena ct ment of thi s Act, th e Administrator shall 5 publi sh in th e F ederal Registe r pro cedur es to verify- 6 (1) the ret rofit emissions-control technology to 7 be demonst rat ed; 8 (2) that bu ses powered by ultra-low sulfur die- 9 sel fuel on ?which r etrofit emissions-control tech- 10 nology arc to be demonstrat ed will operate on diesel 11 fuel contai nin g not mor e than 15 part s per million 12 of sulfur? and ' 13 (3) that gTant s are admin istered in accordance 14 with thi s sect ion. 15 (f) AU 'l'I--IORI7.,Nrl0N 0 1o' .A.PPROPRINrTONS.-There 16 are author ized to be appropriated to th e Adm inistrator to 17 carry out this section , to remain available tmtiJ 18 C)q)cudcd19 (1) $20,000,000 for fiscal yea r 2005; 20 (2) $35,000,000 for fisca l year 2006 ; 21 (3) $45,000,000 for fiscal year 2007; an d 22 ( 4) such sum s as ar e necessa ry for each of fis- 23 cal years 20 08 and 2009. oHR 6 EH AMERICA!\ pVERSIGHT 305 CEQ050FY18091 _000000439 CEQ-18-0173-C-000343 304 1 SEC. 743A. DIESEL TRUCK RETROFIT AND FLEET MOD- 2 3 ERNIZATION PROGRAM. (a) ES'l'ABLISHMEN'l'.-rrhe Administrator of th e En- 4 vironment aJ Prote ction Agency, in consultation ?with the 5 Secretar y of En ergy, shall establish a program for award 6 ing grants on a competiti ve basis to public agencies and 7 entiti es for fleet moderniza tion p1?ograms including instal- 8 lation of retr ofit technologies for diesel tru cks. 9 (b) ELIGIBT,ERECIPIEN'l'S.-A grant shall be award- 10 ed und er thi s section only to a State or locaJ governm ent 11 or an agency or inst rum ent ality of a Sta t e or local govern12 ment or of two or more State or local governments ?who 13 will allocate fund s, with preference to port s and other 14 major haulin g operations. 15 (c) AWARDS .- (1) IN GENERAL .- The Administrator 16 shall 17 seek, to th e maxi mum extent pra cticable, to ensur e 18 a broad geographi c dist ribufaon of grant s under th is 19 section. 20 (2) PREFERENCES.-In makin g award s of 21 grant s und er thi s section, th e Administ rator shall 22 give preference to proposals that- 23 (A) will achieve the greatest reductions in 24 emissions of nonmetha ne hydrocarbons, oxides 25 of nitro gen , and/or parti culat e matter per pro- 26 posal or per tru ck; or oHR 6 EH AMERICA!\ pVERSIGHT 306 CEQ050FY18091 _000000439 CEQ-18-0173-C-000344 304 1 SEC. 743A. DIESEL TRUCK RETROFIT AND FLEET MOD- 2 3 ERNIZATION PROGRAM. (a) ES'l'ABLISHMEN'l'.-rrhe Administrator of th e En- 4 vironment aJ Prote ction Agency, in consultation ?with the 5 Secretar y of En ergy, shall establish a program for award 6 ing grants on a competiti ve basis to public agencies and 7 entiti es for fleet moderniza tion p1?ograms including instal- 8 lation of retr ofit technologies for diesel tru cks. 9 (b) ELIGIBT,ERECIPIEN'l'S.-A grant shall be award- 10 ed und er thi s section only to a State or locaJ governm ent 11 or an agency or inst rum ent ality of a Sta t e or local govern12 ment or of two or more State or local governments ?who 13 will allocate fund s, with preference to port s and other 14 major haulin g operations. 15 (c) AWARDS .- (1) IN GENERAL .- The Administrator 16 shall 17 seek, to th e maxi mum extent pra cticable, to ensur e 18 a broad geographi c dist ribufaon of grant s under th is 19 section. 20 (2) PREFERENCES.-In makin g award s of 21 grant s und er thi s section, th e Administ rator shall 22 give preference to proposals that- 23 (A) will achieve the greatest reductions in 24 emissions of nonmetha ne hydrocarbons, oxides 25 of nitro gen, and/or parti culat e matter per pro- 26 posal or per tru ck; or oHR 6 EH AMERICA!\ pVERSIGHT 306 CEQ050FY18091 _000000439 CEQ-18-0173-C-000344 305 1 (B) involve the u se of E11vjr onrnenta l Pro- 2 te ction Agency or California Air Resources 3 Board verified emissions control retrofit tech - 4 nology on diesel trucks that operate solely on 5 ultra-low 6 2006. 7 sulfur diesel fuel after (d) CONDIT IONS OF GHAN'r.-A Septemb er gTant shall be pro- 8 ,~ded und er thi s section on th e condition s that- 9 (1) tru cks which ar c repla cing scrapp ed tru cks 10 and on which retrofit emissions-control technology 11 arc to be dcmonstratcd - 12 (A) will operate on uJtr a-low sulfhr diesel 13 fuel ,;i, ,her e su ch fuel is reasonably available or 14 requir ed for sale by State or local law or reg111a- 15 tion; (B) were manufa ctured in model year 1998 16 17 and before ; and 18 (C) ,,~ll be used for the tran spor ta tion of 19 cargo goods especially in port ar eas or used iu 20 goods movement and maj or haulin g opcrntions; 21 (2) grant fund s will be used for the pur cha se of 22 emission control ret rofit tech nology, includin g State 23 taxes and contra ct fees; an d 24 (3) grant r ecipients will promdc at leas t 5 pcr - 25 cent of the total cost of the retrofit, including the oHR 6 EH AMERICA!\ pVERSIGHT 307 CEQ050FY18091 _000000439 CEQ-18-0173-C-000345 305 1 (B) involve the u se of E11vjr onrnenta l Pro- 2 te ction Agency or California Air Resources 3 Board verified emissions control retrofit tech - 4 nology on diesel trucks that operate solely on 5 ultra-low 6 2006. 7 sulfur diesel fuel after (d) CONDIT IONS OF GHAN'r.-A Septemb er gTant shall be pro- 8 ,~ded und er thi s section on th e condition s that- 9 (1) tru cks which ar c repla cing scrapp ed tru cks 10 and on which retrofit emissions-control technology 11 arc to be dcmonstratcd - 12 (A) will operate on uJtr a-low sulfhr diesel 13 fuel ,;i, ,here su ch fuel is reasonably available or 14 requir ed for sale by State or local law or reg111a- 15 tion; (B) were manufa ctured in model year 1998 16 17 and before ; and 18 (C) ,,~ll be used for the tran spor ta tion of 19 cargo goods especially in port ar eas or used iu 20 goods movement and maj or haulin g opcrntions; 21 (2) grant fund s will be used for the pur cha se of 22 emission control ret rofit tech nology, includin g State 23 taxes and contra ct fees; an d 24 (3) grant recipients will promdc at leas t 5 pcr - 25 cent of the total cost of the retrofit, including the oHR 6 EH AMERICA!\ pVERSIGHT 307 CEQ050FY18091 _000000439 CEQ-18-0173-C-000345 306 1 pur cha se of emission contr ol r etrofit t echnology and 2 all necessary labor for insta llation of the retrofit, 3 from any som?cc other than this section . 4 (e) VERIFICATION.-Not late r than 90 days after the 5 dat e of ena ctment of this Act, the Adm inistrator shall 6 publi sh in the Federa l Registe r procedur es to7 (1) mak e grant s pur suant to this sect ion; 8 (2) verify that tru cks powerePROPRlJ\'l'lONS .-Tl iere 9 ar c author ized to be appropriat ed to th e Secretary of En10 ergy for carrying out thi s section $45,000,000 for each 11 of th e fiscal years 2006, 2007 , 2008, 2009, and 2010. 12 Subtitle E-Automobile Efficiency 13 SEC. 771. AUTHORIZATION OF APPROPRIATIONS FOR IM14 PLEMENTATION 15 FUEL ECONOMY STANDARDS. 16 AND ENFORCEMENT OF In addition to any oth er funds authorized by lav,r, 17 th ere arc authorized to be appropriated to the Nationa l 18 Highway Tr affic Safety Administration to car ry out its ob19 ligat ions vvith respect to average fuel economy standard s 20 $2,000 ,000 for each of fiscal years 2006 through 2010 . 21 SEC. 772. REVISED CONSIDERATIONS FOR DECISIONS ON 22 MAXIMUM FEASIBLE AVERAGE FUEL ECON- 23 OMY. 24 Section 329 02(f) of titl e 49, United States Code, is 25 amended to read as follows : oHR 6 EH AMERICA!\ pVERSIGHT 329 CEQ050FY18091 _000000439 CEQ-18-0173-C-000367 327 1 (b) PmRF 'O l:UVlANCE OBJECTIVE.-':L1he Secretary of 2 En ergy shaU establi sh the fo1l0vv ing performan ce oqjec3 tives fo1? the program set forth in subsection (a) : 4 ( 1) A fuel efficiency increase of 10 percent. 5 (2) A reduction in the impact of landing and 6 tak eoff nitro gen oxides e.missions on local air quality 7 of 70 percent. 8 (c) AU'l'H0R[7.;J\'1'10N OF AJ>PROPRlJ\'l'lONS .-Tl iere 9 ar c author ized to be appropriat ed to th e Secretary of En10 ergy for carrying out thi s section $45,000,000 for each 11 of th e fiscal years 2006, 2007 , 2008, 2009, and 2010. 12 Subtitle E-Automobile Efficiency 13 SEC. 771. AUTHORIZATION OF APPROPRIATIONS FOR IM14 PLEMENTATION 15 FUEL ECONOMY STANDARDS. 16 AND ENFORCEMENT OF In addition to any oth er funds authorized by lav,r, 17 th ere arc authorized to be appropriated to the Nationa l 18 Highway Tr affic Safety Administration to car ry out its ob19 ligat ions vvith respect to average fuel economy standard s 20 $2,000 ,000 for each of fiscal years 2006 through 2010 . 21 SEC. 772. REVISED CONSIDERATIONS FOR DECISIONS ON 22 MAXIMUM FEASIBLE AVERAGE FUEL ECON- 23 OMY. 24 Section 329 02(f) of titl e 49, United States Code, is 25 amended to read as follows : oHR 6 EH AMERICA!\ pVERSIGHT 329 CEQ050FY18091 _000000439 CEQ-18-0173-C-000367 328 1 "(f) CONS I DEHJ\' l'fONS F'OR DE CISION S ON lV!A.XlM UM 2 FE ASIBL E AVERl\GE F UEL E c0N0MY.-:v\Then deciding 3 maximum feasible average fuel economy und er this sec4 tion, t he Secretary of Tr anspo rtat ion shall consider the 5 following matter s: 6 ' 1 (1) Technological feas ibility . 7 "(2) E conomic pra cticabilit y . 8 ' 1 (3) Th e effect of oth er motor vehicle standard s 9 of th e Government on fuel economy. "( 4) rrh e need of t he United States to conserve 10 11 energy . 12 " (5) 'fh e effects of fuel economy standard s on 13 passenger autom obiles, nonpa ssenger au tomobilcs, 14 and occupant safety. 15 "( 6) T'he effects of compliance ,,1,rit h average fuel 16 economy standards on levels of automob ile industry 17 employment in th e Unite d States.". 18 SEC. 773. EXTENSION OF MAXIMUM FUEL ECONOMY IN- 19 CREASE FOR ALTERNATIVE FUELED VEHI- 20 CLES. 21 (a) l\/V..N UFA C'I' UR I NG INCEN'l'IVES.-S ection 32905 22 of titl e 49, United States Code, is amended23 24 (1) in each of sub sections (b) and (d), by striking " 1993-2004" and inserting '' 1993- 2010"; oHR 6 EH AMERICA!\ pVERSIGHT 330 CEQ050 FY18091_000000439 CEQ-18-0173-C-000368 328 1 "(f) CONS I DEHJ\' l'fONS F'OR DE CISION S ON lV!A.XlM UM 2 FE ASIBL E AVERl\GE F UEL E c0N0MY.-:v\Then deciding 3 maximum feasible average fuel economy und er this sec4 tion, t he Secretary of Tr anspo rtat ion shall consider the 5 following matter s: 6 ' 1 (1) Technological feas ibility . 7 "(2) E conomic pra cticabilit y . 8 ' 1 (3) Th e effect of oth er motor vehicle standard s 9 of th e Government on fuel economy. "( 4) rrh e need of t he United States to conserve 10 11 energy . 12 " (5) 'fh e effects of fuel economy standard s on 13 passenger autom obiles, nonpa ssenger au tomobilcs, 14 and occupant safety. 15 "( 6) T'he effects of compliance ,,1,rit h average fuel 16 economy standards on levels of automob ile industry 17 employment in th e Unite d States.". 18 SEC. 773. EXTENSION OF MAXIMUM FUEL ECONOMY IN- 19 CREASE FOR ALTERNATIVE FUELED VEHI- 20 CLES. 21 (a) l\/V..N UFA C'I' UR I NG INCEN'l'IVES.-S ection 32905 22 of titl e 49, United States Code, is amended23 24 (1) in each of sub sections (b) and (d), by striking " 1993-2004" and inserting '' 1993- 2010"; oHR 6 EH AMERICA!\ pVERSIGHT 330 CEQ050 FY18091_000000439 CEQ-18-0173-C-000368 329 (2) in sub section (f), by striki ng "2 001 " and 1 2 insert ing " 2007 "; and 3 (3) in subsection (f)(l), by str iking "2 004 " and 4 inserting "2 010". 5 (b) }\IL\ _.,"'{IMUl\11 F UE L E CONOMY l NCREASE. - Sub- 6 section (a)(l) of section 32906 of tit le 49, United States 7 Code, is amended(1) in subparagrap h (A), by striking " the model 8 9 10 years 1993-2004 " and im,erting "model years 1993- 2010"; and 11 (2) in subparagraph (B), by str iking "the model 12 years 2005-2008" 13 2011-2014". and inserting "model years 14 SEC. 774. STUDY OF FEASIBILITY AND EFFECTS OF REDUC 15 16 ING USE OF FUEL FOR AUTOMOBILES. (a) l N GEN13.;R./\ JJ.-Not lat er than 30 days afte r the 17 date of the enactm ent of th is Act, the Administrator of 18 th e Nat ional Highway Traffi c Safety Administrat ion shall 19 initiat e a study of the feasibility and effects of redu cing 20 by model year 2014, by a significant percentage, th e 21 amount of fuel consumed by automobiles. 22 (b) SUBJECTS OF' STUDY.-rrhe study und er this sec- 23 tion shall i.nclude24 (1) examination of, and recommendation of al- 25 ternatives to, the policy und er curr ent F ederal law oHR 6 EH AMERICA!\ pVERSIGHT 331 CEQ050 FY18091_000000439 CEQ-18-0173-C-000369 329 (2) in sub section (f), by striki ng "2 001 " and 1 2 insert ing " 2007 "; and 3 (3) in subsection (f)(l), by str iking "2 004 " and 4 inserting "2 010". 5 (b) }\IL\ _.,"'{IMUl\11 F UE L E CONOMY l NCREASE. - Sub- 6 section (a)(l) of section 32906 of tit le 49, United States 7 Code, is amended(1) in subparagrap h (A), by striking " the model 8 9 10 years 1993-2004 " and im,erting "model years 1993- 2010"; and 11 (2) in subparagraph (B), by str iking "the model 12 years 2005-2008" 13 2011-2014". and inserting "model years 14 SEC. 774. STUDY OF FEASIBILITY AND EFFECTS OF REDUC 15 16 ING USE OF FUEL FOR AUTOMOBILES. (a) l N GEN13.;R./\ JJ.-Not lat er than 30 days afte r the 17 date of the enactm ent of th is Act, the Administrator of 18 th e Nat ional Highway Traffi c Safety Administrat ion shall 19 initiat e a study of the feasibility and effects of redu cing 20 by model year 2014, by a significant percentage, th e 21 amount of fuel consumed by automobiles. 22 (b) SUBJECTS OF' STUDY.-rrhe study und er this sec- 23 tion shall i.nclude24 (1) examination of, and recommendation of al- 25 ternatives to, the policy und er curr ent F ederal law oHR 6 EH AMERICA!\ pVERSIGHT 331 CEQ050 FY18091_000000439 CEQ-18-0173-C-000369 330 1 of est ablishing average fuel economy sta ndard s for 2 automobiles and requir ing each automobi le manufac- 3 turer to comply with average fue l economy sta ndard s 4 that apply to the automobiles it manufa ctur es; 5 (2) examination of how automobile manufa ctur- 6 ers could contribut e toward achieving the reduction 7 referr ed to in subsection (a); 8 (3) examination of the potential of fuel ceJl 9 technology in motor vehicles in order to determine 10 th e extent to ?which such teclu1ology may contribut e 11 to achieving the reduction r eferr ed to in subsection 12 (a); and ( 4) examination of the effects of th e reduction 13 14 referr ed to in sub section (a) on- 15 (A) gasoline supplies; 16 (B) the aut omobile industry, 17 sales of automobi les manufa ctured 18 Unit ed States; 19 (C) motor vehicle safety; and 20 (D) air qualit y. 21 (c) REPORT .-'rhe including in the Administra tor shall submit to 22 CongTess a report on th e findings, conclusion, and rec23 ommendat ions of th e study und er this section by not later 24 than 1 year after the date of th e enactment of this Act. oHR 6 EH AMERICA!\ pVERSIGHT 332 CEQ050FY18091 _000000439 CEQ-18-0173-C-000370 330 1 of est ablishing average fuel economy sta ndard s for 2 automobiles and requir ing each automobi le manufac- 3 turer to comply with average fue l economy sta ndard s 4 that apply to the automobiles it manufa ctur es; 5 (2) examination of how automobile manufa ctur- 6 ers could contribut e toward achieving the reduction 7 referr ed to in subsection (a); 8 (3) examination of the potential of fuel ceJl 9 technology in motor vehicles in order to determine 10 th e extent to ?which such teclu1ology may contribut e 11 to achieving the reduction r eferr ed to in subsection 12 (a); and ( 4) examination of the effects of th e reduction 13 14 referr ed to in sub section (a) on- 15 (A) gasoline supplies; 16 (B) the aut omobile industry, 17 sales of automobi les manufa ctured 18 Unit ed States; 19 (C) motor vehicle safety; and 20 (D) air qualit y. 21 (c) REPORT .-'rhe including in the Administra tor shall submit to 22 CongTess a report on th e findings, conclusion, and rec23 ommendat ions of th e study und er this section by not later 24 than 1 year after the date of th e enactment of this Act. oHR 6 EH AMERICA!\ pVERSIGHT 332 CEQ050FY18091 _000000439 CEQ-18-0173-C-000370 331 1 SEC. 775. UPDA TE TE STING PROC EDURES . 2 The Administrator of th e Environmental Prot ection 3 Agency sha ll updat e or revise the ac\justment factors in 4 sections 600.209- 85 and 600.209-95 , of th e Code of F ed- 5 cral Regulation s, CFR Par t 600 (1995) Fu el Economy 6 Regulation s for 1977 and Lat er lVIodcl Ycar Automobiles 7 to tak e iuto considerat ion higher speed limits, faster acccl- 8 eration rat es, variations in temperatur e, use of air condi9 tionin g, short er city test cycle lengths, curr ent reference 10 fuels, and th e use of other fuel depletin g features. 11 TITLE VIII-HYDROGEN 12 SEC. 801. DEFINITIO NS. 13 In this tit le: 14 (1) ADVISORY COMMI' l"l'EE.-rl"he term "Advi- 15 sory Committ ee" means the Hydrogen 'reclmica l and 16 Fu el Cell Advisory Committ ee est ablished under sec- 17 tion 805. 18 19 (2) DEPAR'l'lVmN' r.-Th e term "Departm ent " mean s the Departm ent of En ergy. 20 (3) FUEL CELL.- r?he term '' fuel cell" means a 21 device that directly convert s the chemical energy of 22 a fuel and an oxidant into electri city by an clectro- 23 chemical process takin g place at separat e electr odes 24 in th e de,rice. 25 (4) 26 I N 1o 1-tASTRUCTU1m.-The term "infra stru c- turc" means th e equipment , syst ems, or facilities oHR 6 EH AMERICA!\ pVERSIGHT 333 CEQ050 FY18091_000000439 CEQ-18-0173-C-000371 331 1 SEC. 775. UPDA TE TE STING PROC EDURES . 2 The Administrator of th e Environmental Prot ection 3 Agency sha ll updat e or revise the ac\justment factors in 4 sections 600.209- 85 and 600.209-95 , of th e Code of F ed- 5 cral Regulation s, CFR Par t 600 (1995) Fu el Economy 6 Regulation s for 1977 and Lat er lVIodcl Ycar Automobiles 7 to tak e iuto considerat ion higher speed limits, faster acccl- 8 eration rat es, variations in temperatur e, use of air condi9 tionin g, short er city test cycle lengths, curr ent reference 10 fuels, and th e use of other fuel depletin g features. 11 TITLE VIII-HYDROGEN 12 SEC. 801. DEFINITIO NS. 13 In this tit le: 14 (1) ADVISORY COMMI' l"l'EE.-rl"he term "Advi- 15 sory Committ ee" means the Hydrogen 'reclmica l and 16 Fu el Cell Advisory Committ ee est ablished under sec- 17 tion 805. 18 19 (2) DEPAR'l'lVmN' r.-Th e term "Departm ent " mean s the Departm ent of En ergy. 20 (3) FUEL CELL.- r?he term '' fuel cell" means a 21 device that directly convert s the chemical energy of 22 a fuel and an oxidant into electri city by an clectro- 23 chemical process takin g place at separat e electr odes 24 in th e de,rice. 25 (4) 26 I N 1o 1-tASTRUCTU1m.-The term "infra stru c- turc" means th e equipment , syst ems, or facilities oHR 6 EH AMERICA!\ pVERSIGHT 333 CEQ050 FY18091_000000439 CEQ-18-0173-C-000371 332 1 used to pr oduce, distribute , deliver, or stor e hydro- 2 gen. 3 (5) LIGIIT DUTY VEIIICLE.-T he term "light 4 duty vehicle" means a car or t ruck classified by the 5 Departm ent of ~rransportation as a Class I or II.A__ 6 vehicle. 7 8 9 10 (6) SJ!}C RETARY.- 'l"he term "Secretary " means th e Secretary of En ergy. SEC. 802. PLAN. Not later than 6 month s aft er th e dat e of ena ctm ent 11 of this Act, the Secretary shall tran smit to Congress a 12 coordinated plan for th e pr ograms described in thi s titl e 13 and any other program s of th e Departm ent that are di14 rectly related to fuel cells or hydrogen. The plan shall de15 scribe, at a minimum- 16 (J) th e agenda for th e nc:> .--t 5 years for th e pro- 17 grams authori zed und er thi s tit le, including th e 18 agenda for each activity enum era ted in section 19 803(a); 20 (2) th e types of ent ities that will carr y out the 21 activities und er this titl e and what role each entit y 22 is expected to play; 23 24 (3) the milestones th at v,rill be used to evaluate th e program s for the next 5 years; oHR 6 EH AMERICA!\ pVERSIGHT 334 CEQ050FY18091 _000000439 CEQ-18-0173-C-000372 332 1 used to pr oduce, distribute , deliver, or stor e hydro- 2 gen. 3 (5) LIGIIT DUTY VEIIICLE.-T he term "light 4 duty vehicle" means a car or t ruck classified by the 5 Departm ent of ~rransportation as a Class I or II.A__ 6 vehicle. 7 8 9 10 (6) SJ!}C RETARY.- 'l"he term "Secretary " means th e Secretary of En ergy. SEC. 802. PLAN. Not later than 6 month s aft er th e dat e of ena ctm ent 11 of this Act, the Secretary shall tran smit to Congress a 12 coordinated plan for th e pr ograms described in thi s titl e 13 and any other program s of th e Departm ent that are di14 rectly related to fuel cells or hydrogen. The plan shall de15 scribe, at a minimum- 16 (J) th e agenda for th e nc:> .--t 5 years for th e pro- 17 grams authori zed und er thi s tit le, including th e 18 agenda for each activity enum era ted in section 19 803(a); 20 (2) th e types of ent ities that will carr y out the 21 activities und er this titl e and what role each entit y 22 is expected to play; 23 24 (3) the milestones th at v,rill be used to evaluate th e program s for the next 5 years; oHR 6 EH AMERICA!\ pVERSIGHT 334 CEQ050FY18091 _000000439 CEQ-18-0173-C-000372 333 1 ( 4) th e most significant technical and nontech- 2 nical hurdles that stand in the way of achieving the 3 goals described in section 803(b), and how the pro- 4 gram s wi.11addr ess those hurdles; and 5 ( 5) the policy assumption s that ar c implicit in 6 th e plan , including any assumption s t hat would af- 7 feet th e sources of hydrogen or th e marketab ility of 8 byclrogen-relatecl pr oducts. 9 10 SEC. 803 . PROGRAMS . (a) l~CTIVITIES.-Th e Secretar y, in part nership with 11 the private sector, shall conduct progTams to addrc ss- 12 13 ( 1) produ ction of hydrogen from diverse energy sour ces, includin g- 14 (A) fossil fuels, which may include carbon 15 captur e and sequestration; 16 (B) hydr ogen-carri er fuels (including eth - 17 anol and meth anol); 18 (C) renewable energy resour ces, including 19 biomass; and 20 (D) nuclear energy; 21 22 (2) use of hydrogen for commercial, indu stri al, and residential electric power generat ion; 23 24 (3) safe delivery of hydrogen or hydrogen-carrier fuels, includ ing- oHR 6 EH AMERICA!\ pVERSIGHT 335 CEQ050 FY18091_000000439 CEQ-18-0173-C-000373 333 1 ( 4) th e most significant technical and nontech- 2 nical hurdles that stand in the way of achieving the 3 goals described in section 803(b), and how the pro- 4 gram s wi.11addr ess those hurdles; and 5 ( 5) the policy assumption s that ar c implicit in 6 th e plan , including any assumption s t hat would af- 7 feet th e sources of hydrogen or th e marketab ility of 8 byclrogen-relatecl pr oducts. 9 10 SEC. 803 . PROGRAMS . (a) l~CTIVITIES.-Th e Secretar y, in part nership with 11 the private sector, shall conduct progTams to addrc ss- 12 13 ( 1) produ ction of hydrogen from diverse energy sour ces, includin g- 14 (A) fossil fuels, which may include carbon 15 captur e and sequestration; 16 (B) hydr ogen-carri er fuels (including eth - 17 anol and meth anol); 18 (C) renewable energy resour ces, including 19 biomass; and 20 (D) nuclear energy; 21 22 (2) use of hydrogen for commercial, indu stri al, and residential electric power generat ion; 23 24 (3) safe delivery of hydrogen or hydrogen-carrier fuels, includ ing- oHR 6 EH AMERICA!\ pVERSIGHT 335 CEQ050 FY18091_000000439 CEQ-18-0173-C-000373 334 1 (A) tran smission by pipeline and oth er dis- 2 tribution method s; and 3 (B) convenient and economic refueling of 4 vehicles either at central refueling st ations or 5 through distribut ed on-site generation; 6 (4) advanced vehicle technologi es, includiJ1g- 7 (A) engine and emission control systems; 8 (B) energy storag e, electric propul sion, and 9 hybrid systems; 10 (C) aut omotive mat erial s; and 11 (D ) other advan ced vehicle t eclu1ologies; 12 (5) stora ge of hydrogen or hydrogen-carri er 13 fuels, including development of materia ls for safe 14 and economic storag e in gaseou s, liquid, or solid 15 form at refueling faciJities and onboard velticles; 16 (6) development of safe, dur able, affordab le, 17 and efficient fuel ceJls, includin g fuel-flexible fuel cell 18 power systems, improved manufa cturing pro cesses, 19 high-temperatu re 20 pr ocessing for natural gas, fuel cell stac k and system 21 reliabiJity, 1ow temperatur e operation, and cold start 22 capability; membran es, cost-effective fuel 23 (7) development, after consultation v,rith the pri- 24 vat e sector, of necessary codes and stan dard s (in- 25 eluding int erna tional codes and standard s and vol- oHR 6 EH AMERICA!\ pVERSIGHT 336 CEQ050FY18091 _000000439 CEQ-18-0173-C-000374 334 1 (A) tran smission by pipeline and oth er dis- 2 tribution method s; and 3 (B) convenient and economic refueling of 4 vehicles either at central refueling st ations or 5 through distribut ed on-site generation; 6 (4) advanced vehicle technologi es, includiJ1g- 7 (A) engine and emission control systems; 8 (B) energy storag e, electric propul sion, and 9 hybrid systems; 10 (C) aut omotive mat erial s; and 11 (D ) other advan ced vehicle t eclu1ologies; 12 (5) stora ge of hydrogen or hydrogen-carri er 13 fuels, including development of materia ls for safe 14 and economic storag e in gaseou s, liquid, or solid 15 form at refueling faciJities and onboard velticles; 16 (6) development of safe, dur able, affordab le, 17 and efficient fuel ceJls, includin g fuel-flexible fuel cell 18 power systems, improved manufa cturing pro cesses, 19 high-temperatu re 20 pr ocessing for natural gas, fuel cell stac k and system 21 reliabiJity, 1ow temperatur e operation, and cold start 22 capability; membran es, cost-effective fuel 23 (7) development, after consultation v,rith the pri- 24 vat e sector, of necessary codes and stan dard s (in- 25 eluding int erna tional codes and standard s and vol- oHR 6 EH AMERICA!\ pVERSIGHT 336 CEQ050FY18091 _000000439 CEQ-18-0173-C-000374 335 1 untar y con sensus standanl s adopt ed in accordan ce 2 with 0 1\I IB Circular A-119) an d safe ty practices for 3 the production, distribution , storag e, and use of hy - 4 drog en, hycb?ogcn-cani cr fuels, and related produ ct s; 5 (8) a public education program to develop im- 6 proved knowledge and acceptabil.ity of hydrogen- 7 based systems; and 8 (9) th e ability of domestic automobil e manufac- 9 turers to manufa ctur e commercially available com- 10 petiti ve hybrid vehicle technologies in the Unit ed 11 States . 12 (b) PROGHJ\.i\f GOALS.( 1) VEHICLES.-l~or 13 14 vehicles, the goals of the progTan1 are- 15 (A) to enabl e a commjtm ent by auto - 16 mak ers no later than yea r 2015 to offer safe, 17 affordabl e, and technically viable hydrogen fuel 18 cell vehicles in th e mass consumer mark et; and 19 (B) to enable produ ction, delivery, and ac- 20 cepta nce by consumers of model year 2020 hy- 21 drogen fuel cell and oth er hydrogen-powered ve- 22 hicles that ,,i.riUhave- 23 (i) a range of at least 300 miles; 24 (ii) impro ved performance and case of drivino?? b) 25 oHR 6 EH AMERICA!\ pVERSIGHT 337 CEQ050FY18091 _000000439 CEQ-18-0173-C-000375 335 1 untar y con sensus standanl s adopt ed in accordan ce 2 with 0 1\I IB Circular A-119) an d safe ty practices for 3 the production, distribution , storag e, and use of hy - 4 drog en, hycb?ogcn-cani cr fuels, and related produ ct s; 5 (8) a public education program to develop im- 6 proved knowledge and acceptabil.ity of hydrogen- 7 based systems; and 8 (9) th e ability of domestic automobil e manufac- 9 turers to manufa ctur e commercially available com- 10 petiti ve hybrid vehicle technologies in the Unit ed 11 States . 12 (b) PROGHJ\.i\f GOALS.( 1) VEHICLES.-l~or 13 14 vehicles, the goals of the progTan1 are- 15 (A) to enabl e a commjtm ent by auto - 16 mak ers no later than yea r 2015 to offer safe, 17 affordabl e, and technically viable hydrogen fuel 18 cell vehicles in th e mass consumer mark et; and 19 (B) to enable produ ction, delivery, and ac- 20 cepta nce by consumers of model year 2020 hy- 21 drogen fuel cell and oth er hydrogen-powered ve- 22 hicles that ,,i.riUhave- 23 (i) a range of at least 300 miles; 24 (ii) impro ved performance and case of drivino?? b) 25 oHR 6 EH AMERICA!\ pVERSIGHT 337 CEQ050FY18091 _000000439 CEQ-18-0173-C-000375 336 1 (iii) safety and performance com- 2 parable to vehicle technologies in the mar- 3 ket; and 4 (iv) when compar ed to light duty vchi- 5 cles in model year 2003- 6 (I) fuel ec011om y that is substan- 7 tiaUy higher; 8 (II) substa ntially lower emissions 9 of air pollutant s; and 10 (III ) equivalent or improved vehi- 11 cle fuel system cra sh int egrity and oc- 12 cupant protect ion. 13 (2) HYDR OGEN ENERGY AND ENrnRGY INli'HA - 14 STRUCTURE.-For hydrogen energy and en ergy in- 15 frastructure, th e goals of the progran1 ar e to enable 16 a c01m11itment not lat er than 2015 that will lead to 17 infra st ructure by 2020 that will provide- 18 (A) safe and convenient refueling; 19 (B) improved overall efficiency; 20 (C) widespread availability of hydrogen 21 from domestic energy sources thr ough(i) production , ,vith considerat ion of 22 23 emissions levels; oHR 6 EH AMERICA!\ pVERSIGHT 338 CEQ050FY18091 _000000439 CEQ-18-0173-C-000376 336 1 (iii) safety and performance com- 2 parable to vehicle technologies in the mar- 3 ket; and 4 (iv) when compar ed to light duty vchi- 5 cles in model year 2003- 6 (I) fuel ec011om y that is substan- 7 tiaUy higher; 8 (II) substa ntially lower emissions 9 of air pollutant s; and 10 (III ) equivalent or improved vehi- 11 cle fuel system cra sh int egrity and oc- 12 cupant protect ion. 13 (2) HYDR OGEN ENERGY AND ENrnRGY INli'HA - 14 STRUCTURE.-For hydrogen energy and en ergy in- 15 frastructure, th e goals of the progran1 ar e to enable 16 a c01m11itment not lat er than 2015 that will lead to 17 infra st ructure by 2020 that will provide- 18 (A) safe and convenient refueling; 19 (B) improved overall efficiency; 20 (C) widespread availability of hydrogen 21 from domestic energy sources thr ough(i) production , ,vith con siderat ion of 22 23 emissions levels; oHR 6 EH AMERICA!\ pVERSIGHT 338 CEQ050FY18091 _000000439 CEQ-18-0173-C-000376 337 1 (ii) delivery, including transmission by 2 pipeline and other distributi on methods for 3 hydrogen; and 4 (iii) storage, including stora ge in sur - 5 face tran sportat ion vehicles; 6 (D) hydr ogen for fuel cells, int ern al com- 7 bustion engines, and other energy conversion 8 devices for portab le, st ationary, and tr anspor- 9 tation applications; and (E ) oth er tec hnologies consist ent with the 10 11 Depar tment 's plan . 12 (3) F urni_)CEI;LS.-Th e goals for fuel cells and 13 th eir portab le, stationar y, and tra nsport ation appli- 14 cations are to enable- 15 (A) safe, economjcal, and enviromnenta lly 16 sound hydrogen fuel cells; 17 (B) fuel cells for light duty and oth er vehi- 18 cles; and (C) other teclu10logies consistent ?with the 19 20 21 Department ':;;plan . (c) DEi\I0N8'1'Hi A'l'I0N.- In carr ying out th e pr ogram s 22 und er this section, th e Secreta ry shall fund a limited num23 ber of demonstr ation projects, consistent v;rit h a deter 24 nlin ation of the maturit y, cost -effectiveness, and environ25 mental impacts of technologies supp ort ing each proj ect. In oHR 6 EH AMERICA!\ pVERSIGHT 339 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000377 337 1 (ii) delivery, including transmission by 2 pipeline and other distributi on methods for 3 hydrogen; and 4 (iii) storage, including stora ge in sur - 5 face tran sportat ion vehicles; 6 (D) hydr ogen for fuel cells, int ern al com- 7 bustion engines, and other energy conversion 8 devices for portab le, st ationary, and tr anspor- 9 tation applications; and (E ) oth er tec hnologies consist ent with the 10 11 Depar tment 's plan . 12 (3) F urni_)CEI;LS.-Th e goals for fuel cells and 13 th eir portab le, stationar y, and tra nsport ation appli- 14 cations are to enable- 15 (A) safe, economjcal, and enviromnenta lly 16 sound hydrogen fuel cells; 17 (B) fuel cells for light duty and oth er vehi- 18 cles; and (C) other teclu10logies consistent ?with the 19 20 21 Department ':;;plan . (c) DEi\I0N8'1'Hi A'l'I0N.- In carr ying out th e pr ogram s 22 und er this section, th e Secreta ry shall fund a limited num23 ber of demonstr ation projects, consistent v;rit h a deter 24 nlin ation of the maturit y, cost -effectiveness, and environ25 mental impacts of technologies supp ort ing each proj ect. In oHR 6 EH AMERICA!\ pVERSIGHT 339 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000377 338 1 selectin g proj ect s und er thi s subsection , the Secretary 2 shall , to the extent pra cticable and in the public int erest , 3 select proj ects that 4 ( 1) involve using hych?ogen and related products 5 at existing facilities or inst allations, such as existing 6 office buildin gs, m.iJitary bases, vehicle fleet centers, 7 tran sit bus author ities, or unit s of the Nat ional Park 8 System; 9 10 (2) depend on reliable povver from hydrogen to carry out essential act ivities; 11 (3) lead to the replicat ion of hydrogen tech- 12 nologies and clraw such technologies into the markct- 13 place; 14 (4) in clude vehicle, portabl e, and sta tionar y 15 demonstrations of fuel cell and hych?ogen-based en- 16 ergy t echnologies; 17 ( 5) address the interdependency of demand for 18 hydr ogen fuel cell applicat ions and hydrogen fuel in- 19 frastru cture; 20 21 (6) raise awareness of hych?ogen technology among th e public; 22 23 (7) facilitat e identifi cation of an optimum technology among competing altern atives; 24 25 (8) address distribut ed generation using renewable sour ces; and oHR 6 EH AMERICA!\ pVERSIGHT 340 CEQ050FY18091 _000000439 CEQ-18-0173-C-000378 338 1 selectin g proj ect s und er thi s subsection , the Secretary 2 shall , to the extent pra cticable and in the public int erest , 3 select proj ects that 4 ( 1) involve using hych?ogen and related products 5 at existing facilities or inst allations, such as existing 6 office buildin gs, m.iJitary bases, vehicle fleet centers, 7 tran sit bus author ities, or unit s of the Nat ional Park 8 System; 9 10 (2) depend on reliable povver from hydrogen to carry out essential act ivities; 11 (3) lead to the replicat ion of hydrogen tech- 12 nologies and clraw such technologies into the markct- 13 place; 14 (4) in clude vehicle, portabl e, and sta tionar y 15 demonstrations of fuel cell and hych?ogen-based en- 16 ergy t echnologies; 17 ( 5) address the interdependency of demand for 18 hydr ogen fuel cell applicat ions and hydrogen fuel in- 19 frastru cture; 20 21 (6) raise awareness of hych?ogen technology among th e public; 22 23 (7) facilitat e identifi cation of an optimum technology among competing altern atives; 24 25 (8) address distribut ed generation using renewable sour ces; and oHR 6 EH AMERICA!\ pVERSIGHT 340 CEQ050FY18091 _000000439 CEQ-18-0173-C-000378 339 1 (9) addr ess applicat ions specific to rur al or re- 2 mote locations, including isolat ed villages and is- 3 land s, the Nat ional P ark System, and tribal entities . 4 '"l1be Secret ary shall give preference to projects which ad5 dr ess multipl e clement s contain ed in para grap hs (1) 6 throu gh (9). 7 (d) DEPL0Y11IEN T.-ln car rymg out the programs 8 und er this section , the Secretary shall, in partnership with 9 th e privat e sector, conduct activities to facilitate th e dc10 ploymcnt of hydrogen energy and energy infra struct ur e, 11 fuel cells, and advanced vehicle tcclmologics. 12 (e) FUNDJNG.- 13 ( 1) IN GENERAL.-The Secretary shall carr y 14 out the prograrns und er this section using a competi- 15 tive, merit-ba sed review process and consistent ?with 16 the generally applicable Federal lmvs and regulations 17 governin g awards of financial assistanc e, contra cts, 18 or other agreements . 19 (2) RE SEARCH CEN TER S .- Activ:itics under th.is 20 section may be carri ed out by funding nationally rec- 21 ognized university-based or Federal laboratory re- 22 search cent ers. 23 (f) COST SHARING.- 24 (1) RE SEARCH AND DE VELOPM E NT .- E xcc pt as 25 otherwise p1?ovided in this title, for resear ch and de- oHR 6 EH AMERICA!\ pVERSIGHT 341 CEQ050FY18091 _000000439 CEQ-18-0173-C-000379 339 1 (9) addr ess applicat ions specific to rur al or re- 2 mote locations, including isolat ed villages and is- 3 land s, the Nat ional P ark System, and tribal entities . 4 '"l1be Secret ary shall give preference to projects which ad5 dr ess multipl e clement s contain ed in para grap hs (1) 6 throu gh (9). 7 (d) DEPL0Y11IEN T.-ln car rymg out the programs 8 und er this section , the Secretary shall, in partnership with 9 th e privat e sector, conduct activities to facilitate th e dc10 ploymcnt of hydrogen energy and energy infra struct ur e, 11 fuel cells, and advanced vehicle tcclmologics. 12 (e) FUNDJNG.- 13 ( 1) IN GENERAL.-The Secretary shall carr y 14 out the prograrns und er this section using a competi- 15 tive, merit-ba sed review process and consistent ?with 16 the generally applicable Federal lmvs and regulations 17 governin g awards of financial assistanc e, contra cts, 18 or other agreements . 19 (2) RE SEARCH CEN TER S .- Activ:itics under th.is 20 section may be carri ed out by funding nationally rec- 21 ognized university-based or Federal laboratory re- 22 search cent ers. 23 (f) COST SHARING.- 24 (1) RE SEARCH AND DE VELOPM E NT .- E xcc pt as 25 otherwise p1?ovided in this title, for resear ch and de- oHR 6 EH AMERICA!\ pVERSIGHT 341 CEQ050FY18091 _000000439 CEQ-18-0173-C-000379 340 1 veloprnent progTarns carri ed out und er this title the 2 Secretary shall require a commitment from non-Fed- 3 eral sources of at least 20 percent of the cost of the 4 proj ect . The Secretary may reduce or eliminate the 5 non-F edera l rcqui1?ement und er this paragrap h if the 6 Secretary determin es that th e research and develop- 7 ment is of a basic or fundamenta l natur e or involves 8 technical analyses or educational activities. 9 (2) D EMONS TRATION AND COM1\1IERCIAL APPL I- 10 CAT IO N .-E xcept as otherwise provided in this title, 11 the Secreta ry shall require at least 50 percent of the 12 costs directly and specifically related to any dcm- 13 onstrat ion or commercial application project und er 14 th is tit le to be prmrided from non-F ederal sour ces. 15 The Secretary may reduce the non-F ederal reqmr e- 16 ment und er this paragraph if th e Secretary deter- 17 mines that th e reduction is necessary and appro - 18 priate considering the techno logical risks involved in 19 the proj ect and is necessary to meet the objectives 20 of this title. 21 (3) C AI.JCUJ;ATION OF' AMOUN T.-In calculating 22 the amotmt of th e non-F ederal commitment und er 23 paragraph (1) or (2), the Secreta ry may include per- 24 sonncl, services, equipment , and other resources . oHR 6 EH AMERICA!\ pVERSIGHT 342 CEQ050FY18091 _000000439 CEQ-18-0173-C-000380 340 1 veloprnent progTarns carri ed out und er this title the 2 Secretary shall require a commitment from non-Fed- 3 eral sources of at least 20 percent of the cost of the 4 proj ect . The Secretary may reduce or eliminate the 5 non-F edera l rcqui1?ement und er this paragrap h if the 6 Secretary determin es that th e research and develop- 7 ment is of a basic or fundamenta l natur e or involves 8 technical analyses or educational activities. 9 (2) D EMONS TRATION AND COM1\1IERCIAL APPL I- 10 CAT IO N .-E xcept as otherwise provided in this title, 11 the Secreta ry shall require at least 50 percent of the 12 costs directly and specifically related to any dcm- 13 onstrat ion or commercial application project und er 14 th is tit le to be prmrided from non-F ederal sour ces. 15 The Secretary may reduce the non-F ederal reqmr e- 16 ment und er this paragraph if th e Secretary deter- 17 mines that th e reduction is necessary and appro - 18 priate considering the techno logical risks involved in 19 the proj ect and is necessary to meet the objectives 20 of this title. 21 (3) C AI.JCUJ;ATION OF' AMOUN T.-In calculating 22 the amotmt of th e non-F ederal commitment und er 23 paragraph (1) or (2), the Secreta ry may include per- 24 sonncl, services, equipment , and other resources . oHR 6 EH AMERICA!\ pVERSIGHT 342 CEQ050FY18091 _000000439 CEQ-18-0173-C-000380 341 1 ( 4) SIZE OP NON-FBD BHAL SHJ\RE.-rfh e Sec- 2 retary may consider the size of the non-F ederal 3 shar e in selecting projects. 4 (g) D ISCL0SUR.E.-Section 623 of th e En ergy Policy 5 Act of 1992 (42 U .S.C. 13293) relat ing to t he protect ion 6 of information sha11apply to prQjects carr ied out throu gh 7 gTant s, cooperati ve agreements, or contra cts und er thi s 8 titl e. 9 10 SEC. 804. INTERAGENCY TASK FORCE. (a) E STABLISII1\1ENT.- Not later than 120 days aft er 11 the dat e of enactm ent of this Act, the Pr esident shall es- 12 t abJish an int eragency ta sk force chair ed by the Secretary 13 with repr esentati ves from each of th e following: 14 (1) rriic Office of Science and 'l"'echnology Pol- 15 icy '"rithin th e Executive Office of th e Pr esident. 16 (2) rrh e Departm ent of 1'ran sporta ti on. 17 (3) Th e Departm ent of Defense. 18 (4) The Departm ent of Conuner cc (including 19 th e Nationa l In stitut e of St andard s and 1"'ech- 20 nology). 21 (5) Th e Departm ent of State. 22 (6) Th e Environm ental Prot ection Agency. 23 (7) '!"'he Nat ional Aeronautics and Space Ad- 24 ministr ation. oHR 6 EH AMERICA!\ pVERSIGHT 343 CEQ050FY18091 _000000439 CEQ-18-0173-C-000381 341 1 ( 4) SIZE OP NON-FBD BHAL SHJ\RE.-rfh e Sec- 2 retary may consider the size of the non-F ederal 3 shar e in selecting projects. 4 (g) D ISCL0SUR.E.-Section 623 of th e En ergy Policy 5 Act of 1992 (42 U .S.C. 13293) relat ing to t he protect ion 6 of information sha11apply to prQjects carr ied out throu gh 7 gTant s, cooperati ve agreements, or contra cts und er thi s 8 titl e. 9 10 SEC. 804. INTERAGENCY TASK FORCE. (a) E STABLISII1\1ENT.- Not later than 120 days aft er 11 the dat e of enactm ent of this Act, the Pr esident shall es- 12 t abJish an int eragency ta sk force chair ed by the Secretary 13 with repr esentati ves from each of th e following: 14 (1) rriic Office of Science and 'l"'echnology Pol- 15 icy '"rithin th e Executive Office of th e Pr esident. 16 (2) rrh e Departm ent of 1'ran sporta ti on. 17 (3) Th e Departm ent of Defense. 18 (4) The Departm ent of Conuner cc (including 19 th e Nationa l In stitut e of St andard s and 1"'ech- 20 nology). 21 (5) Th e Departm ent of State. 22 (6) Th e Environm ental Prot ection Agency. 23 (7) '!"'he Nat ional Aeronautics and Space Ad- 24 ministr ation. oHR 6 EH AMERICA!\ pVERSIGHT 343 CEQ050FY18091 _000000439 CEQ-18-0173-C-000381 342 1 (8) Other F ederal agencies as th e Secretary de- 2 termin es appropriat e. 3 (b) DUTIES.- ( 1) PLANNING.- rrhe intcrag ency ta sk force 4 5 shall work toward - 6 (A) a safe, economical, and environ- 7 mentally sound fue] infr astructure for hydrogen 8 and hydrogen-carri er fuels, including an infra- 9 st ructur e that support s buses and other fleet 10 tran sportati on; 11 (B) fuel cells in government and other ap- 12 plications, including portab le, stationary , and 13 tran sportation applications; 14 (C) distribut ed power generation , including 15 th e generation of combined heat , power, and 16 clean fuels including hydrogen; 17 (D) uniform hydrogen codes, standard s, 18 and safety prot ocols; and 19 (E) vehicle hydrogen fuel system integrit y 20 safety pel'formancc . 21 (2) A<.. :rrr VlTIRS.-The interagency t ask force 22 may organize vmrk shops and confer ences, may issue 23 publications , and may creat e datab ases to carry out 24 its duti es. rrhe int erag ency tas k force shall- oHR 6 EH AMERICA!\ pVERSIGHT 344 CEQ050FY18091 _000000439 CEQ-18-0173-C-000382 342 1 (8) Other F ederal agencies as th e Secretary de- 2 termin es appropriat e. 3 (b) DUTIES.- ( 1) PLANNING.- rrhe intcrag ency ta sk force 4 5 shall work toward - 6 (A) a safe, economical, and environ- 7 mentally sound fue] infr astructure for hydrogen 8 and hydrogen-carri er fuels, including an infra- 9 st ructur e that support s buses and other fleet 10 tran sportati on; 11 (B) fuel cells in government and other ap- 12 plications, including portab le, stationary , and 13 tran sportation applications; 14 (C) distribut ed power generation , including 15 th e generation of combined heat , power, and 16 clean fuels including hydrogen; 17 (D) uniform hydrogen codes, standard s, 18 and safety prot ocols; and 19 (E) vehicle hydrogen fuel system integrit y 20 safety pel'formancc . 21 (2) A<.. :rrr VlTIRS.-The interagency t ask force 22 may organize vmrk shops and confer ences, may issue 23 publications , and may creat e datab ases to carry out 24 its duti es. rrhe int erag ency tas k force shall- oHR 6 EH AMERICA!\ pVERSIGHT 344 CEQ050FY18091 _000000439 CEQ-18-0173-C-000382 343 1 (A) foster th e exchang e of gener1c, non- 2 propri etary information and technology among 3 indu st ry, academia, and government; 4 (B) develop and maintain an inventor y and 5 assessment of hydrogen, fuel cells, and other 6 advanced technologi es, including the commercia] 7 capability of each technology for th e economic 8 and environm entall y safe production, distribu- 9 tion, delivery, storag e, and use of hydrogen; 10 (C) integrat e technical and other informa- lI tion made available as a result of th e programs 12 and activities und er thi s titl e; 13 (D) promot e th e mark etpla ce introdu ction 14 of infra st ructur e for hydrogen fuel vehicles; and 15 (E) conduct an educat ion pr ogram to pro - 16 vid e hydrogen and fuel cell information to po- 17 tenbaJ end-users. 18 (c) AGENCY COOPEfu\.TION.- Th e heads of all agcn- 19 cics, including those whose agencies arc not repr esent ed 20 on the intcra gcncy tas k force, shall cooperat e with and 21 furnish information to th e interagency task force, th e Ad22 ,risory Committ ee, and the Departm ent. oHR 6 EH AMERICA!\ pVERSIGHT 345 CEQ050FY18091 _000000439 CEQ-18-0173-C-000383 343 1 (A) foster th e exchang e of gener1c, non- 2 propri etary information and technology among 3 indu st ry, academia, and government; 4 (B) develop and maintain an inventor y and 5 assessment of hydrogen, fuel cells, and other 6 advanced technologi es, including the commercia] 7 capability of each technology for th e economic 8 and environm entall y safe production, distribu- 9 tion, delivery, storag e, and use of hydrogen; 10 (C) integrat e technical and other informa- lI tion made available as a result of th e programs 12 and activities und er thi s titl e; 13 (D) promot e th e mark etpla ce introdu ction 14 of infra st ructur e for hydrogen fuel vehicles; and 15 (E) conduct an educat ion pr ogram to pro - 16 vid e hydrogen and fuel cell information to po- 17 tenbaJ end-users. 18 (c) AGENCY COOPEfu\.TION.- Th e heads of all agcn- 19 cics, including those whose agencies arc not repr esent ed 20 on the intcra gcncy tas k force, shall cooperat e with and 21 furnish information to th e interagency task force, th e Ad22 ,risory Committ ee, and the Departm ent. oHR 6 EH AMERICA!\ pVERSIGHT 345 CEQ050FY18091 _000000439 CEQ-18-0173-C-000383 344 1 2 SEC. 805. ADVISORY COMMITIE E . (a) E S'l'ABLISHMEN'l'.-rrhe Hydro gen rrechnicaJ and 3 Fu el Cell Advisory Committee is establi shed to advise the 4 Secretary on th e program s and activiti es und er thi s tit le. 5 (b) l\lIEJ\IBERSIIIP .- 6 ( 1) l\[EMBERS.- Th e Advisory Commit tee shall 7 be compri sed of not fewer than 12 nor more than 25 8 member s . Th e mernbers sha ll be appointed by th e 9 Secretary to r epr esent domestic ind ustry, academia, 10 professiona l societi es, governm ent agencies, Federal 11 lab oratori es, previous advisory pan els, and financia l, 12 environm ental , and other appropriate 13 ba sed on the Departm ent' s assessment of the tech- 14 nical and other qualifi cations of committee members 15 and the needs of the Advisory Committ ee. organizations 16 (2) rI'ERMS.-'" fh c term of a member of the Ad- 17 visory Committ ee sha ll not be more than 3 yea r s. 18 rrhe Secretary may appoint member s of the Ad,risory 19 Com..rnittee in a marmer that allows the terms of the 20 members se1-ving at any time to eArp ire at spa ced in- 21 tervals so as to en sur e continu ity in th e function ing 22 of th e Advisory Committ ee. A member of the Advi- 23 sory Committ ee whose term i.s e:> q)iring may be r e- 24 appointed . oHR 6 EH AMERICA!\ pVERSIGHT 346 CEQ050 FY18091_000000439 CEQ-18-0173-C-000384 344 1 2 SEC. 805. ADVISORY COMMITIE E . (a) E S'l'ABLISHMEN'l'.-rrhe Hydro gen rrechnicaJ and 3 Fu el Cell Advisory Committee is establi shed to advise the 4 Secretary on th e program s and activiti es und er thi s tit le. 5 (b) l\lIEJ\IBERSIIIP .- 6 ( 1) l\[EMBERS.- Th e Advisory Commit tee shall 7 be compri sed of not fewer than 12 nor more than 25 8 member s . Th e mernbers sha ll be appointed by th e 9 Secretary to r epr esent domestic ind ustry, academia, 10 professiona l societi es, governm ent agencies, Federal 11 lab oratori es, previous advisory pan els, and financia l, 12 environm ental , and other appropriate 13 ba sed on the Departm ent' s assessment of the tech- 14 nical and other qualifi cations of committee members 15 and the needs of the Advisory Committ ee. organizations 16 (2) rI'ERMS.-'" fh c term of a member of the Ad- 17 visory Committ ee sha ll not be more than 3 yea r s. 18 rrhe Secretary may appoint member s of the Ad,risory 19 Com..rnittee in a marmer that allows the terms of the 20 members se1-ving at any time to eArp ire at spa ced in- 21 tervals so as to en sur e continu ity in th e function ing 22 of th e Advisory Committ ee. A member of the Advi- 23 sory Committ ee whose term i.s e:> q)iring may be r e- 24 appointed . oHR 6 EH AMERICA!\ pVERSIGHT 346 CEQ050 FY18091_000000439 CEQ-18-0173-C-000384 345 1 (3) CI-JAIRPERS0 N.-rrh e Advisory Committee 2 shalJ have a chairp erson , who is elected by the rnem- 3 bei-s from among th eir number. 4 (c) REVIEW.- Th c Advisory Cormnitt ec shall review 5 and mak e recommendation s to th e Secretary on6 7 (1) th e implementation of program s and activi- ties und er thi s titl e; 8 (2) the safety, economical, and environrnental 9 con sequences of technologies for th e produ ct ion, dis- 10 tribution , delivery, storage , or use of hydrogen en- 11 ergy and fuel cells; and 12 13 (3) th e plan und er section 802. (cl) RE SPONSE.- 14 (1) CONSIDEHN l'ION OP RECOMMIDN OA'l'IO NS.- 15 The Secretary shall consider, but need not adopt, 16 any recom1nendation s of th e Advisory Committ ee 17 unde r sub section (c). 18 (2) BII~ NNIAL REP0RT.-' rl1c Secretary shall 19 tran smit a biennial report to Cong?r ess describin g 20 any recommendati ons mad e by th e Advisory Com- 21 mitt ee since the pr evious report. rrhe report shall in- 22 elude a description of hovv the Sec1~etary has impl e- 23 ment ed or plans to implement th e recommendations, 24 or an explanation of th e reasons that a 1?ecommenda - 25 tion will not be implement ed . rrhc repor t shall be oHR 6 EH AMERICA!\ pVERSIGHT 347 CEQ050FY18091 _000000439 CEQ-18-0173-C-000385 345 1 (3) CI-JAIRPERS0 N.-rrh e Advisory Committee 2 shalJ have a chairp erson , who is elected by the rnem- 3 bei-s from among th eir number. 4 (c) REVIEW.- Th c Advisory Cormnitt ec shall review 5 and mak e recommendation s to th e Secretary on6 7 (1) th e implementation of program s and activi- ties und er thi s titl e; 8 (2) the safety, economical, and environrnental 9 con sequences of technologies for th e produ ct ion, dis- 10 tribution , delivery, storage , or use of hydrogen en- 11 ergy and fuel cells; and 12 13 (3) th e plan und er section 802. (cl) RE SPONSE.- 14 (1) CONSIDEHN l'ION OP RECOMMIDN OA'l'IO NS.- 15 The Secretary shall consider, but need not adopt, 16 any recom1nendation s of th e Advisory Committ ee 17 unde r sub section (c). 18 (2) BII~ NNIAL REP0RT.-' rl1c Secretary shall 19 tran smit a biennial report to Cong?r ess describin g 20 any recommendati ons mad e by th e Advisory Com- 21 mitt ee since the pr evious report. rrhe report shall in- 22 elude a description of hovv the Sec1~etary has impl e- 23 ment ed or plans to implement th e recommendations, 24 or an explanation of th e reasons that a 1?ecommenda - 25 tion will not be implement ed . rrhc repor t shall be oHR 6 EH AMERICA!\ pVERSIGHT 347 CEQ050FY18091 _000000439 CEQ-18-0173-C-000385 346 1 tran smitted along ,,vith th e Pr esident 's bud get pro - 2 posal. 3 (e) SUPPORT.- Th e Secretary shall provide resourc es 4 necessary in t he judgment of t he Secretary for the Advi5 sory Commit tee to carr y out its responsibilities und er this 6 titl e. 7 8 SEC . 806. EXTERNAL REVIEW. (a) PI,AN.-Th e Secretary shalJ ent er into m1 ar- 9 rang ement '"rith th e Nati onal Academy of Sciences to re10 ,riew th e plan prepared und er secti on 802, which shall be 11 complete d not later than 6 months after the Academy re- 12 ceives the plan. Not later than 45 days aft er receiving the 13 reviev,r, the Secretary shall transmit th e revievvto Congress 14 along with a pla n to implement th e review's recommenda15 tion s or an e~l)lanation of the reasons that a recon:nnenda16 tion virill not be implement ed. 17 (b) ADDIT IONAL REv 1gw.-'rhe Secretary shall ente r 18 into an arrang ement '"rith the Nat ional Academy of 19 Sciences under which th e Academy will review the pro- 20 grams und er section 803 durin g the fourt h year follm,\l].ng 21 the dat e of enactm ent of thi s Act. rrh e Academy's review 22 shall includ e the research pri oriti es and technica l mile23 stones, and evaluate the progress toward achieving them. 24 Th e review shall be completed not lat er than 5 years after 25 the date of ena ctment of t his Act . Not late1? than 45 days oHR 6 EH AMERICA!\ pVERSIGHT 348 CEQ050FY18091 _000000439 CEQ-18-0173-C-000386 346 1 tran smitted along ,,vith th e Pr esident 's bud get pro - 2 posal. 3 (e) SUPPORT.- Th e Secretary shall provide resourc es 4 necessary in t he judgment of t he Secretary for the Advi5 sory Commit tee to carr y out its responsibilities und er this 6 titl e. 7 8 SEC . 806. EXTERNAL REVIEW. (a) PI,AN.-Th e Secretary shalJ ent er into m1 ar- 9 rang ement '"rith th e Nati onal Academy of Sciences to re10 ,riew th e plan prepared und er secti on 802, which shall be 11 complete d not later than 6 months after the Academy re- 12 ceives the plan. Not later than 45 days aft er receiving the 13 reviev,r, the Secretary shall transmit th e revievvto Congress 14 along with a pla n to implement th e review's recommenda15 tion s or an e~l)lanation of the reasons that a recon:nnenda16 tion virill not be implement ed. 17 (b) ADDIT IONAL REv 1gw.-'rhe Secretary shall ente r 18 into an arrang ement '"rith the Nat ional Academy of 19 Sciences under which th e Academy will review the pro- 20 grams und er section 803 durin g the fourt h year follm,\l].ng 21 the dat e of enactm ent of thi s Act. rrh e Academy's review 22 shall includ e the research pri oriti es and technica l mile23 stones, and evaluate the progress toward achieving them. 24 Th e review shall be completed not lat er than 5 years after 25 the date of ena ctment of t his Act . Not late1? than 45 days oHR 6 EH AMERICA!\ pVERSIGHT 348 CEQ050FY18091 _000000439 CEQ-18-0173-C-000386 347 1 aft er receiving th e review, th e Secretary shall tran smit the 2 review to Congress along ?with a plan to implement the 3 review's recommendation s or an ex. 1)lanation for th e rea4 sons that a recommendation will not be implement ed . 5 6 SEC. 807. MISCELLANEOUS PROVISIONS. (a) REPRESEN'I'A'l'10N.-'1'11e Secretary may i?ep- 7 resent the United States int erests with respect to activiti es 8 and program s und er thi s titl e, in coordination with th e 9 Depaitm ent of Tran sportati on, th e Nat ional Institut e of 10 Standard s and Technology, and other relevant F ederal 11 agencies, before governm ent s and nongovernmenta l orga- 12 nizati ons inc]uding13 14 ( 1) other Federal, State, regional, and local government s and their r epresentatives; (2) industry and its representatives, 15 including 16 members of th e energy and tran sportation inclus- 17 tr ies; and 18 (3) in consultation v,rith the Departm ent of 19 Stat e, foreign governm ent s and their representa tives 20 including int ern at ional organizat ions. 21 (b) RE0UJ,J\T0RYAU'l'H0RI'l'Y.-Noth ing in this title 22 shall be constru ed to alter th e regu latory aut hority of the 23 Departm ent. oHR 6 EH AMERICA!\ pVERSIGHT 349 CEQ050 FY18091_000000439 CEQ-18-0173-C-000387 347 1 aft er receiving th e review, th e Secretary shall tran smit the 2 review to Congress along ?with a plan to implement the 3 review's recommendation s or an ex. 1)lanation for th e rea4 sons that a recommendation will not be implement ed. 5 6 SEC. 807. MISCELLANEOUS PROVISIONS. (a) REPRESEN'I'A'l'10N.-'1'11e Secretary may i?ep- 7 resent the United States int erests with respect to activiti es 8 and program s und er thi s titl e, in coordination with th e 9 Depaitm ent of Tran sportati on, th e Nat ional Institut e of 10 Standard s and Technology, and other relevant F ederal 11 agencies, before governm ent s and nongovernmenta l orga- 12 nizati ons inc]uding13 14 ( 1) other Federal, State, regional, and local government s and their r epresentatives; (2) industry and its representatives, 15 including 16 members of th e energy and tran sportation inclus- 17 tr ies; and 18 (3) in consultation v,rith the Departm ent of 19 Stat e, foreign governm ent s and their representa tives 20 including int ern at ional organizat ions. 21 (b) RE0UJ,J\T0RYAU'l'H0RI'l'Y.-Noth ing in this title 22 shall be constru ed to alter th e regu latory aut hority of the 23 Departm ent. oHR 6 EH AMERICA!\ pVERSIGHT 349 CEQ050 FY18091_000000439 CEQ-18-0173-C-000387 348 1 SEC. 808. SAVINGS CLAUSE. 2 Nothjng in this title shall be construed to affect the 3 authorit y of th e Secretary of Tran sportation that may 4 mast prior to th e dat e of enactm ent of thi s Act v.rith re5 spect to6 (1) research into , and regulation of, hydrogen- 7 powered vehicles fuel systems integr ity, sta ndard s, 8 and safety und er subtitl e VI of titl e 49, United 9 States Code; 10 (2) regulation of hazardou s material s tran spor- 11 tation under chapt er 51 of title 49, United Stat es 12 Code; 13 14 (3) regulati on of pipeline safety m1der chapt er 601 of title 49, United Stat es Code; 15 (4) encou1?agement and promotion of resear ch , 16 development, and deployment acti,rities relating to 17 advanced vehicle technologies und er section 5506 of 18 title 49, Unit ed States Code; (5) regulation of motor veh.icle safety und er 19 20 chapter 301 of tit le 49, Unit ed St ates Code; 21 22 (6) autom obile fuel economy und er chapt er 329 of title 49, United States Code; or 23 (7) representation of the int erest s of th e Unit ed 24 States v,rith respect to the actimtics and progran1s 25 und er th e autho rity of title 49, United States Code. oHR 6 EH AMERICA!\ pVERSIGHT 350 CEQ050FY18091 _000000439 CEQ-18-0173-C-000388 348 1 SEC. 808. SAVINGS CLAUSE. 2 Nothjng in this title shall be construed to affect the 3 authorit y of th e Secretary of Tran sportation that may 4 mast prior to th e dat e of enactm ent of thi s Act v.rith re5 spect to6 (1) research into , and regulation of, hydrogen- 7 powered vehicles fuel systems integr ity, sta ndard s, 8 and safety und er subtitl e VI of titl e 49, United 9 States Code; 10 (2) regulation of hazardou s material s tran spor- 11 tation under chapt er 51 of title 49, United Stat es 12 Code; 13 14 (3) regulati on of pipeline safety m1der chapt er 601 of title 49, United Stat es Code; 15 (4) encou1?agement and promotion of resear ch , 16 development, and deployment acti,rities relating to 17 advanced vehicle technologies und er section 5506 of 18 title 49, Unit ed States Code; (5) regulation of motor veh.icle safety und er 19 20 chapter 301 of tit le 49, Unit ed St ates Code; 21 22 (6) autom obile fuel economy und er chapt er 329 of title 49, United States Code; or 23 (7) representation of the int erest s of th e Unit ed 24 States v,rith respect to the actimtics and progran1s 25 und er th e autho rity of title 49, United States Code. oHR 6 EH AMERICA!\ pVERSIGHT 350 CEQ050FY18091 _000000439 CEQ-18-0173-C-000388 349 1 SEC. 80 9. AUTHORIZATION OF APPROPRIATIONS . 2 There are authorized to be appropriated to the Sec- 3 retar y to carry out thi s tit le, in additi on to any amounts 4 made available for th ese purposes und er other Acts- 5 (1) $546,000,000 for fiscal year 2006; 6 (2) $750 ,000 ,000 for fiscal year 2007 ; 7 (3) $850,000,000 for fiscal year 2008; 8 (4) $900 ,000 ,000 for fiscal year 2009; and 9 (5) $1,000,000,000 for fiscal year 2010 . 10 SEC. 810 . SOLAR AND WIND TECHNOLO GIES . 11 (a) SOLAR E NERGYTECIINOLOGI ER.-' rh e Secretary 12 shall13 (1) prepare a detailed roadm ap for carr ying out 14 the prmrisions in thi s subti tle related to solar energy 15 technologies and for implementing the rccommcnda - 16 tions related to solar energy technologies that arc in- 17 cJuded in the report tran smitt ed und er subsection 18 (c); 19 (2) pr ovide for th e establislunent of 5 pr oj ects 20 in geographic areas that arc regionally and climat i- 21 cally diverse to demonst rat e th e production of hydro- 22 gen at solar energy facilities, including one dcm- 23 onstration project at a national laborat ory or institu- 24 tion of higher educat ion; 25 26 (3) est ablish a research and development programoHR 6 EH AMERICA!\ pVERSIGHT 351 CEQ050 FY18091_000000439 CEQ-18-0173-C-000389 349 1 SEC. 80 9. AUTHORIZATION OF APPROPRIATIONS . 2 There are authorized to be appropriated to the Sec- 3 retar y to carry out thi s tit le, in additi on to any amounts 4 made available for th ese purposes und er other Acts- 5 (1) $546,000,000 for fiscal year 2006; 6 (2) $750 ,000 ,000 for fiscal year 2007 ; 7 (3) $850,000,000 for fiscal year 2008; 8 (4) $900 ,000 ,000 for fiscal year 2009; and 9 (5) $1,000,000,000 for fiscal year 2010 . 10 SEC. 810 . SOLAR AND WIND TECHNOLO GIES . 11 (a) SOLAR E NERGYTECIINOLOGI ER.-' rh e Secretary 12 shall13 (1) prepare a detailed roadm ap for carr ying out 14 the prmrisions in thi s subti tle related to solar energy 15 technologies and for implementing the rccommcnda - 16 tions related to solar energy technologies that arc in- 17 cJuded in the report tran smitt ed und er subsection 18 (c); 19 (2) pr ovide for th e establislunent of 5 pr oj ects 20 in geographic areas that arc regionally and climat i- 21 cally diverse to demonst rat e th e production of hydro- 22 gen at solar energy facilities, including one dcm- 23 onstration project at a national laborat ory or institu- 24 tion of higher educat ion; 25 26 (3) est ablish a research and development programoHR 6 EH AMERICA!\ pVERSIGHT 351 CEQ050 FY18091_000000439 CEQ-18-0173-C-000389 350 1 (A) to develop optimized concentrat ing 2 so]ar power devices that may be used for the 3 produ ction of both electri city and hydrogen; and 4 (B) to evaluate the u se of th ermochemical 5 cycles for hydrogen production at th e tempera- 6 tur es attainab le '"rith concentrafang solar power 7 devices? 8 (4) coordinate with acti,rities sponsored by th e 9 Departm ent of En ergy's Office of Nuclear En ergy, 10 Science, and Technology on h.igh-tcmperatm? e mat e- 11 rials, th ermochemical cycles, and economic issues re- 12 lated to solar energy; ' 13 (5) prmride for the construction and operation 14 of new concentrating solar povver dmrices or solar 15 power cogenera tion facilities that produ ce hydrogen 16 eith er concurr ently ,;i.rith,or independently of, the 17 produ ction of electricity; 18 (6) suppor t existing facilities and resear ch pro- 19 gram s dedicated to tl1e development and advance- 20 ment of concentrating solar power devices; and (7) establish a program- 21 22 (A) to resear ch and develop methods that 23 use electricity frorn photovolt aic devices for the 24 onsite produ ction of hydrogen, such that no in- 25 term ediate tr ansmission or distr ibuti on infra- oHR 6 EH AMERICA!\ pVERSIGHT 352 CEQ050FY18091 _000000439 CEQ-18-0173-C-000390 350 1 (A) to develop optimized concentrat ing 2 so]ar power devices that may be used for the 3 produ ction of both electri city and hydrogen; and 4 (B) to evaluate the u se of th ermochemical 5 cycles for hydrogen production at th e tempera- 6 tur es attainab le '"rith concentrafang solar power 7 devices? 8 (4) coordinate with acti,rities sponsored by th e 9 Departm ent of En ergy's Office of Nuclear En ergy, 10 Science, and Technology on h.igh-tcmperatm? e mat e- 11 rials, th ermochemical cycles, and economic issues re- 12 lated to solar energy; ' 13 (5) prmride for the construction and operation 14 of new concentrating solar povver dmrices or solar 15 power cogenera tion facilities that produ ce hydrogen 16 eith er concurr ently ,;i.rith,or independently of, the 17 produ ction of electricity; 18 (6) suppor t existing facilities and resear ch pro- 19 gram s dedicated to tl1e development and advance- 20 ment of concentrating solar power devices; and (7) establish a program- 21 22 (A) to resear ch and develop methods that 23 use electricity frorn photovolt aic devices for the 24 onsite produ ction of hydrogen, such that no in- 25 term ediate tr ansmission or distr ibuti on infra- oHR 6 EH AMERICA!\ pVERSIGHT 352 CEQ050FY18091 _000000439 CEQ-18-0173-C-000390 351 1 stru ctur e is requir ed or used and futur e de- 2 mand gro-wth may be accommodated; 3 (B) to evaluat e th e economics of small- scale electrolysis for hydrogen production; and 4 5 (C) to research the potent ial of modular 6 photo voltaic devices for the development of a 7 hydro gen infra stru ctur e, th e securit y implica- 8 tion s of a hydrog en infra stru cttff e, and the ben- 9 efit s potentiall y derived from a hydrogen infra- 10 11 st ru ct ur e. (b) vVIND E NERGY TE CII NOLOGIE S.- 'rl1c Secreta ry 12 shall13 ( 1) pr epar e a detailed roadmap for cai._o ,ying out 14 the provisions in thi s subtitl e r elated to "~nd energy 15 technologies and for impl ementin g th e recomJ11enda- l6 tion s related to "'~nd energy technologies th at are in- 17 eluded in the r eport tran srnjtt ed und er sub section 18 (c); and 19 (2) provide for the establ ishment of 5 proj ects 20 in geograph ic areas that arc regionally and climati- 21 cally diverse to demonst rat e the produ ction of hydro- 22 gen at existin g ,-vind energy facilities, includin g one 23 demonstration project at a national laboratory or in- 24 stitution of higher education . oHR 6 EH AMERICA!\ pVERSIGHT 353 CEQ050FY18091 _000000439 CEQ-18-0173-C-000391 351 1 stru ctur e is requir ed or used and futur e de- 2 mand gro-wth may be accommodated; 3 (B) to evaluat e th e economics of small- scale electrolysis for hydrogen production; and 4 5 (C) to research the potent ial of modular 6 photo voltaic devices for the development of a 7 hydro gen infra stru ctur e, th e securit y implica- 8 tion s of a hydrog en infra stru cttff e, and the ben- 9 efit s potentiall y derived from a hydrogen infra- 10 11 st ru ct ur e. (b) vVIND E NERGY TE CII NOLOGIE S.- 'rl1c Secreta ry 12 shall13 ( 1) pr epar e a detailed roadmap for cai._o ,ying out 14 the provisions in thi s subtitl e r elated to "~nd energy 15 technologies and for impl ementin g th e recomJ11enda- l6 tion s related to "'~nd energy technologies th at are in- 17 eluded in the r eport tran srnjtt ed und er sub section 18 (c); and 19 (2) provide for the establ ishment of 5 proj ects 20 in geograph ic areas that arc regionally and climati- 21 cally diverse to demonst rat e the produ ction of hydro- 22 gen at existin g ,-vind energy facilities, includin g one 23 demonstration project at a national laboratory or in- 24 stitution of higher education . oHR 6 EH AMERICA!\ pVERSIGHT 353 CEQ050FY18091 _000000439 CEQ-18-0173-C-000391 352 1 (c) PRO GHAM SUPPORT.- The Secretary shall sup- 2 port research program s at institution s of higher education 3 for the development of solar energy technologies and ? wind 4 energy teclmologies for th e produ ction of hydrogen. The 5 research programs support ed und er this subsection 6 shall- 7 8 (1) enhan ce fellowship and faculty assistan ce program s; 9 (2) provide support for nmdam ental researc h; (3) encour age collaborati ve research among in- 10 11 dustry, national laboratories, 12 higher education; and in stitution s of 13 (4) support communication and outreach; and 14 (5) to th e gTeatest extent possible- 15 (A) be located 16 iJ1 geogr apliic areas that are regionally and climatical1y diverse; and 17 (B) be located at part B institut ions, rrn- 18 norit y instituti ons, and inst itutio ns of high er 19 education located in States participating in the 20 Experimental Pro gra m to Stimulat e Cornpeti- 21 tive Resear ch of the Department of Energy. 22 (d) I NS'l'lTU'l'IONS OJ? UH .HIER EDUCATTON Al'\JD 23 TIO NJ\lJ LABORATORY l N'l'ERAC'rrONS.-In NA - conjun ction 24 with the program s supported und er this section, the Sec25 reta ry shall develop sabbatical, fellowship, and visiting sci- oHR 6 EH AMERICA!\ pVERSIGHT 354 CEQ050FY18091 _000000439 CEQ-18-0173-C-000392 352 1 (c) PRO GHAM SUPPORT.- The Secretary shall sup- 2 port research program s at institution s of higher education 3 for the development of solar energy technologies and ? wind 4 energy teclmologies for th e produ ction of hydrogen. The 5 research programs support ed und er this subsection 6 shall- 7 8 (1) enhan ce fellowship and faculty assistan ce program s; 9 (2) provide support for nmdam ental researc h; (3) encour age collaborati ve research among in- 10 11 dustry, national laboratories, 12 higher education; and in stitution s of 13 (4) support communication and outreach; and 14 (5) to th e gTeatest extent possible- 15 (A) be located 16 iJ1 geogr apliic areas that are regionally and climatical1y diverse; and 17 (B) be located at part B institut ions, rrn- 18 norit y instituti ons, and inst itutio ns of high er 19 education located in States participating in the 20 Experimental Pro gra m to Stimulat e Cornpeti- 21 tive Resear ch of the Department of Energy. 22 (d) I NS'l'lTU'l'IONS OJ? UH .HIER EDUCATTON Al'\JD 23 TIO NJ\lJ LABORATORY l N'l'ERAC'rrONS.-In NA - conjun ction 24 with the program s supported und er this section, the Sec25 reta ry shall develop sabbatical, fellowship, and visiting sci- oHR 6 EH AMERICA!\ pVERSIGHT 354 CEQ050FY18091 _000000439 CEQ-18-0173-C-000392 353 1 enti st progra ms to encoura ge national laboratorjes and in- 2 stitution s of higher education to shar e and exchan ge per3 som1el. 4 (e) DEFINITIONS.- For purpos es of thi s section- s (1) the term "con centrating solar power cle- 6 vices" means devices that concentrat e the power of 7 th e sun by reflection or refraction to improve the ef- 8 :ficiency of a photovoltai c or the rmal generation pro c- 9 ess; 10 (2) th e term "inst itu tion of higher edu cation " 11 ha s the meaning given to that term in section 12 l0l(a) 13 U.S.C. l00l(a)); of th e Higher Education Act of 196 5 (20 14 (3) t he t erm "minority institution " ha s th e 15 meaning gjven to that t erm in section 365 of the 16 Higher Edu cation Act of 1965 (20 U.S .C. J067k); 17 (4) the term "part B jnstitubon" has the m.ean - 18 ing given to that term in section 322 of th e Higher 19 Edu cation Act of 1965 (20 U.S .C. 1061 ); and 20 ( 5) the term "p hotovoltai c devices" means cle- 21 vices th at 22 thro ugh a solid-stat e, sen1icondu ctor process. convert light directly into electri city 23 SEC. 811. HYDROGEN FUEL CELL BUSES. 24 The Secretary of En ergy, through the advanced vehi- 25 cle techn ologies pr ogram , in coordination with th e Sec- oHR 6 EH AMERICA!\ pVERSIGHT 355 CEQ050FY18091 _000000439 CEQ-18-0173-C-000393 353 1 enti st progra ms to encoura ge national laboratorjes and in- 2 stitution s of higher education to shar e and exchan ge per3 som1el. 4 (e) DEFINITIONS.- For purpos es of thi s section- s (1) the term "con centrating solar power cle- 6 vices" means devices that concentrat e the power of 7 th e sun by reflection or refraction to improve the ef- 8 :ficiency of a photovoltai c or the rmal generation pro c- 9 ess; 10 (2) th e term "inst itu tion of higher edu cation " 11 ha s the meaning given to that term in section 12 l0l(a) 13 U.S.C. l00l(a)); of th e Higher Education Act of 1965 (20 14 (3) t he t erm "minority institution " ha s th e 15 meaning gjven to that t erm in section 365 of the 16 Higher Edu cation Act of 1965 (20 U.S .C. J067k); 17 (4) the term "part B jnstitubon" has the m.ean - 18 ing given to that term in section 322 of th e Higher 19 Edu cation Act of 1965 (20 U.S .C. 1061 ); and 20 ( 5) the term "p hotovoltai c devices" means cle- 21 vices th at 22 thro ugh a solid-stat e, sen1icondu ctor process. convert light directly into electri city 23 SEC. 811. HYDROGEN FUEL CELL BUSES. 24 The Secretary of En ergy, through the advanced vehi- 25 cle techn ologies pr ogram , in coordination with th e Sec- oHR 6 EH AMERICA!\ pVERSIGHT 355 CEQ050FY18091 _000000439 CEQ-18-0173-C-000393 354 1 r etar y of 'rran sportation , shall advan ce th e development 2 of fuel cell bu s t echnologies by providing fundin g for 4 3 demonstration sites that (1) ha ve or will soon have hydro gen inf ra stru c- 4 5 tur e for fuel cell bu s operation ; and 6 (2) are operat ed by entiti es ?with e2qJerience in 7 th e development of fuel cell bu s technologies, to en- 8 able th e v,ridespread utilization of fuel cell buses . 9 Such demonstration s shall addr ess th e r eliability of fuel 10 cell heavy-duty vehicles, eJ1. 1,ensc, infra stru cture, conta in11 ment , stora ge, safet y, tr ainin g, and other issu es. 12 13 TITLE IX-RESEARCH DEVELOPMENT AND 14 SEC. 900. SHORT TITLE; DEF INITIONS . 15 (a) S I-IO R'I' 'l1I'rLE.-'l'hi s tit le may be cit ed as the 16 "En ergy Resear ch , Development , Demonstrat ion, and 17 ComJ11ercial Appli cation Act of 200 5" . 18 (b) DEFI NI'l'IONS.- F or purp oses of thi s title: 19 (1) APPLIED PROGRAldS.- The term "a pplied 20 pr ogr ams" means t he research , development, dem- 21 onstr ati on, and commercial applicati on pro gTams of 22 the Departm ent concerni ng energy efficiency, renevv- 23 able en ergy, nu clear energy, fossil energy, and elec- 24 tri city tran smission and distr ibution . (2) BIOMASS .- 'rh e term " bioma ss" mean s- 25 oHR 6 EH AMERICA!\ pVERSIGHT 356 CEQ050FY18091_000000439 CEQ-18-0173-C-000394 354 1 r etar y of 'rran sportation , shall advan ce th e development 2 of fuel cell bu s t echnologies by providing fundin g for 4 3 demonstration sites that (1) ha ve or will soon have hydro gen infra stru c- 4 5 tur e for fuel cell bu s operation ; and 6 (2) are operat ed by entiti es ?with e2qJerience in 7 th e development of fuel cell bu s technologies, to en- 8 able th e v,ridespread utilization of fuel cell buses . 9 Such demonstration s shall addr ess th e r eliability of fuel 10 cell heavy-duty vehicles, eJ1. 1,ensc, infra stru cture, conta in11 ment , stora ge, safet y, tr ainin g, and other issu es. 12 13 TITLE IX-RESEARCH DEVELOPMENT AND 14 SEC. 900. SHORT TITLE; DEF INITIONS . 15 (a) S I-IO R'I' 'l1I'rLE.-'l'hi s tit le may be cit ed as the 16 "En ergy Resear ch , Development , Demonstrat ion, and 17 ComJ11ercial Appli cation Act of 200 5" . 18 (b) DEFI NI'l'IONS.- F or purp oses of thi s title: 19 (1) APPLIED PROGRAldS.- The term "a pplied 20 pr ogr ams" means t he research , development, dem- 21 onstr ati on, and commercial applicati on pro gTams of 22 the Departm ent concerni ng energy efficiency, renevv- 23 able en ergy, nu clear energy, fossil energy, and elec- 24 tri city tran smission and distr ibution . (2) BIOMASS .- 'rh e term " bioma ss" mean s- 25 oHR 6 EH AMERICA!\ pVERSIGHT 356 CEQ050FY18091_000000439 CEQ-18-0173-C-000394 355 1 (A) any orgamc mat erial grown for the purpo se of being convert ed to energy; 2 3 (B) any organic byprodu ct of agricultur e 4 (includin g wastes from food production and 5 pro cessing ) that can be converte d into energy; 6 or 7 (C) any v.ras te material that can be con- 8 verted to energy, is segregated from other waste 9 material s, and is derived from(i) any of the following forest-r elat ed 10 11 resour ces: mill residues, precommercial 12 th innin gs, slash, brush, or otherwise non- 13 merchantabl e mat erial; or 14 (ii) wood waste mat er-i.als, includin g 15 v,raste paUet s, crate s, dunna ge, manufa c- 16 turin g and constru ction wood wastes (other 17 than pre ssur e-tr eated, chemically-tr eate d, 18 or pain ted vvood wastes), and land scape or 19 right-of-way t ree trimmin gs, but not in- 20 cluding muni cipal solid waste, gas derived 21 from th e biodegradation of mmucipal solid 22 waste, or pap er that is commonly recycled. 23 (3) DEPAR'l'iVm NT.-Th e term "Departm ent " 24 means th e Departm ent of En ergy . oHR 6 EH AMERICA!\ pVERSIGHT 357 CEQ050FY18091 _000000439 CEQ-18-0173-C-000395 355 1 (A) any orgamc mat erial grown for the purpo se of being convert ed to energy; 2 3 (B) any organic byprodu ct of agricultur e 4 (includin g wastes from food production and 5 pro cessing ) that can be converte d into energy; 6 or 7 (C) any v.ras te material that can be con- 8 verted to energy, is segregated from other waste 9 material s, and is derived from(i) any of the following forest-r elat ed 10 11 resour ces: mill residues, precommercial 12 th innin gs, slash, brush, or otherwise non- 13 merchantabl e mat erial; or 14 (ii) wood waste mat er-i.als, includin g 15 v,raste paUet s, crate s, dunna ge, manufa c- 16 turin g and constru ction wood wastes (other 17 than pre ssur e-tr eated, chemically-tr eate d, 18 or pain ted vvood wastes), and land scape or 19 right-of-way t ree trimmin gs, but not in- 20 cluding muni cipal solid waste, gas derived 21 from th e biodegradation of mmucipal solid 22 waste, or pap er that is commonly recycled. 23 (3) DEPAR'l'iVm NT.-Th e term "Departm ent " 24 means th e Departm ent of En ergy . oHR 6 EH AMERICA!\ pVERSIGHT 357 CEQ050FY18091 _000000439 CEQ-18-0173-C-000395 356 1 ( 4) DI ~PJ\ R' I'lVJl:!)NTAl., MISS ION .-r rh e term "de- 2 partm ental mission" means any of the functions 3 vested in the Secreta ry of Energy by the Depart - 4 mcnt of En ergy Organization Act (42 U .S.C. 7101 5 ct seq.) or other law. 6 (5) l NS'l'I'l'l TION OF' I-IJGHER. EDUCAT IO N .-Th e 7 term "institubon 8 meanin g given that term in section l0l (a) of th e 9 Higher Edu cation Act of 1965 (20 U.S.C. l00l (a)). 10 of higher education" has the (6) NATIONAL LABORA T ORY .- rfh e term "Na - 11 tional Laboratory" means an? of th e following lab- 12 oratories owned by th e Departm ent: 13 (A) Ames Laborator y. 14 (B) Ar gonne Nationa l Laboratm y. 15 (C) B rookhaven Nat ional Labor atory. 16 (D) Fermi Nat ional Accelerator Labora- 17 tory. 18 (E) Id aho Nat ional Labora tory. 19 (F) Lmvrcncc Berk eley Nat ional Labora- 20 tory. 21 (G) Lawrence Livermore Na tional Labora- 22 tory. 23 (H) Los AJan1os Nat ional Lab orato ry . 24 (I) Nation al En ergy Technology Labora- 25 tory . oHR 6 EH AMERICA!\ pVERSIGHT 358 CEQ050FY18091 _000000439 CEQ-18-0173-C-000396 356 1 ( 4) DI ~PJ\ R' I'lVJl:!)NTAl., MISS ION .-r rh e term "de- 2 partm ental mission" means any of the functions 3 vested in the Secreta ry of Energy by the Depart - 4 mcnt of En ergy Organization Act (42 U .S.C. 7101 5 ct seq.) or other law. 6 (5) l NS'l'I'l'l TION OF' I-IJGHER. EDUCAT IO N .-Th e 7 term "institubon 8 meanin g given that term in section l0l (a) of th e 9 Higher Edu cation Act of 1965 (20 U.S.C. l00l (a)). 10 of higher education" has the (6) NATIONAL LABORA T ORY .- rfh e term "Na - 11 tional Laboratory" means an? of th e following lab- 12 oratories owned by th e Departm ent: 13 (A) Ames Laborator y. 14 (B) Ar gonne Nationa l Laboratm y. 15 (C) B rookhaven Nat ional Labor atory. 16 (D) Fermi Nat ional Accelerator Labora- 17 tory. 18 (E) Id aho Nat ional Labora tory. 19 (F) Lmvrcncc Berk eley Nat ional Labora- 20 tory. 21 (G) Lawrence Livermore Na tional Labora- 22 tory. 23 (H) Los AJan1os Nat ional Lab orato ry . 24 (I) Nation al En ergy Technology Labora- 25 tory . oHR 6 EH AMERICA!\ pVERSIGHT 358 CEQ050FY18091 _000000439 CEQ-18-0173-C-000396 357 1 (J) National Renewable En ergy Laboratory. 2 3 (K) Oak Ridg e Nationa l Laborator y . 4 (L) Pa cific Northwest 5 National Labora- tory . 6 (M) Prin ceton Pla sma Phys ics Labo ratory. 7 (N) Sandia National Laboratories. 8 (0) Savannah River National Laborator y. 9 (P) Stanford Linear Accelerator Cent er . 10 (Q) 'rh omas J efferson Nat ional Acccl- 11 era.tor Facilit y . 12 (7) RENEWABLE ENERGY.-Th e term "rc new- 13 able ener gy" means ener gy from wind, sunli ght , the 14 flow of water , heat from th e Earth , or bioma ss that 15 can be convert ed int o a usable form such as process 16 heat , electri city, fuel, or space h eat. 17 18 (8) SECRE'l'ARY.-The term "Secretar y" mean s the Secretary of En ergy. 19 (9) STATE.-Th e term "S tat e" means any of 20 the several Stat es, the Distric t of Columbia, the 21 Cornrnorn,vealth of Pu erto Rico, th e United Stat es 22 Virgin Island s, Guam, American Sam.oa, th e North- 23 ern 1\/Iarian a. I sland s, and any other commonwealth, 24 territor y, or possession of th e United States . oHR 6 EH AMERICA!\ pVERSIGHT 359 CEQ050FY18091 _000000439 CEQ-18-0173-C-000397 357 1 (J) National Renewable En ergy Laboratory. 2 3 (K) Oak Ridg e Nationa l Laborator y . 4 (L) Pa cific Northwest 5 National Labora- tory . 6 (M) Prin ceton Pla sma Phys ics Labo ratory. 7 (N) Sandia National Laboratories. 8 (0) Savannah River National Laborator y. 9 (P) Stanford Linear Accelerator Cent er . 10 (Q) 'rh omas J efferson Nat ional Acccl- 11 era.tor Facilit y . 12 (7) RENEWABLE ENERGY.-Th e term "rc new- 13 able ener gy" means ener gy from wind, sunli ght , the 14 flow of water , heat from th e Earth , or bioma ss that 15 can be convert ed int o a usable form such as process 16 heat , electri city, fuel, or space h eat. 17 18 (8) SECRE'l'ARY.-The term "Secretar y" mean s the Secretary of En ergy. 19 (9) STATE.-Th e term "S tat e" means any of 20 the several Stat es, the Distric t of Columbia, the 21 Cornrnorn,vealth of Pu erto Rico, th e United Stat es 22 Virgin Island s, Guam, American Sam.oa, th e North- 23 ern 1\/Iarian a. I sland s, and any other commonwealth, 24 territor y, or possession of th e United States . oHR 6 EH AMERICA!\ pVERSIGHT 359 CEQ050FY18091 _000000439 CEQ-18-0173-C-000397 358 1 (10) UNIVBRSITY.-Th e t erm "muversity" has 2 th e meanin g given th e term "institution of higher 3 education" in section 101 of th e Higher Edu cation 4 Act of 196 5 (20 U.S.C. 1001 ). 5 (11) USER FACILI1'Y.- The term "u ser facility" 6 mean s a research and development faciJity sup- 7 port ed, in whole or in part, by Depmtm entaJ fund s 8 that is open, at a mjnimum , to all qualified Unit ed 9 States resear chers. 10 Subtitle A-Science Programs 11 SEC. 901. OFFICE OF SCIENCE PROGRAMS . 12 (a) IN GENEHAL.-Th e Secretary slullI conduct , 13 throu gh th e Office of Science, program s of resea rch , devel14 opment , demonstrat ion, and commercial application in 15 high energy physics, nuclear physics, biological and envi.16 ronmental research, ba sic energy sciences, advanced sci17 entific computin g research , and fusion energy sciences, in18 eluding activities described in t his subtitl e. The program s 19 shall include support for facilities and infr ast n 1etur e, edu- 20 cat ion , outreach, informati on, ana lysis, and coordination 21 activities. 22 (b) &\.RE I SOTOPE A.CCELEHJ\'l'0R.- 23 (1) E STABLISI-Ii\IE Nl' '.-The 24 Secretary shall con- stru ct and operate a Rare Isotope Accelerator . The oHR 6 EH AMERICA!\ pVERSIGHT 360 CEQ050FY18091 _000000439 CEQ-18-0173-C-000398 358 1 (10) UNIVBRSITY.-Th e t erm "muversity" has 2 th e meanin g given th e term "institution of higher 3 education" in section 101 of th e Higher Edu cation 4 Act of 196 5 (20 U.S.C. 1001 ). 5 (11) USER FACILI1'Y.- The term "u ser facility" 6 mean s a research and development faciJity sup- 7 port ed, in whole or in part, by Depmtm entaJ fund s 8 that is open, at a mjnimum , to all qualified Unit ed 9 States resear chers. 10 Subtitle A-Science Programs 11 SEC. 901. OFFICE OF SCIENCE PROGRAMS . 12 (a) IN GENEHAL.-Th e Secretary slullI conduct , 13 throu gh th e Office of Science, program s of resea rch , devel14 opment , demonstrat ion, and commercial application in 15 high energy physics, nuclear physics, biological and envi.16 ronmental research, ba sic energy sciences, advanced sci17 entific computin g research , and fusion energy sciences, in18 eluding activities described in t his subtitl e. The program s 19 shall include support for facilities and infr ast n 1etur e, edu- 20 cat ion , outreach, informati on, ana lysis, and coordination 21 activities. 22 (b) &\.RE I SOTOPE A.CCELEHJ\'l'0R.- 23 (1) E STABLISI-Ii\IE Nl' '.-The 24 Secretary shall con- stru ct and operate a Rare Isotope Accelerator . The oHR 6 EH AMERICA!\ pVERSIGHT 360 CEQ050FY18091 _000000439 CEQ-18-0173-C-000398 359 1 Secret ary shall commence constru ction no late r than 2 September 30, 2008. 3 (2) AUT IIORIZATION OF APPROPRIATIONS. - 4 There ar c authorized to be appropriated to th e Scc- 5 reta ry su ch sums as may be necessary to carry out 6 thi s subsection. The Secreta ry shall not spend more 7 than $1,100, 000 ,000 in F ederal fund s for all acti,ri- 8 tics associated. witli th e Rar e Isotope Accelerator 9 prior to operat ion. 10 11 SEC. 902. SYSTEMS BIOLOGY PROGRAM. (a) PROGR Ai\1.(1) ESTABT1ISJ-Il\IrnN T.-T he Secretar y shall es- 12 13 tablish a research, development , and demonstration 14 progTam in genetics, prot ein science, and computa - 15 tional biology to support th e energy, national secu- 16 rity, and environm ental missions of the Depart ment. 17 (2) GRAN'l'S.-Th e progTam shall suppor t indi- 18 vidual researchers and muJtidisciplinary teams of re- 19 sear chers 20 grants . 21 tlu?ouo?h b competitive, (3) C0NSUIJl'ATJ0N.-ln merit-r eviewed carr ymg out th e pro - 22 gram , the Secretary shall consult vv:ithother Federa l 23 agenC1es that conduct genetic and protein research. oHR 6 EH AMERICA!\ pVERSIGHT 361 CEQ050FY18091 _000000439 CEQ-18-0173-C-000399 359 1 Secret ary shall commence constru ction no late r than 2 September 30, 2008. 3 (2) AUT IIORIZATION OF APPROPRIATIONS. - 4 There ar c authorized to be appropriated to th e Scc- 5 reta ry su ch sums as may be necessary to carry out 6 thi s subsection. The Secreta ry shall not spend more 7 than $1,100, 000 ,000 in F ederal fund s for all acti,ri- 8 tics associated. witli th e Rar e Isotope Accelerator 9 prior to operat ion. 10 11 SEC. 902. SYSTEMS BIOLOGY PROGRAM. (a) PROGR Ai\1.(1) ESTABT1ISJ-Il\IrnN T.-T he Secretar y shall es- 12 13 tablish a research, development , and demonstration 14 progTam in genetics, prot ein science, and computa - 15 tional biology to support th e energy, national secu- 16 rity, and environm ental missions of the Depart ment. 17 (2) GRAN'l'S.-Th e progTam shall suppor t indi- 18 vidual researchers and muJtidisciplinary teams of re- 19 sear chers 20 grants . 21 tlu?ouo?h b competitive, (3) C0NSUIJl'ATJ0N.-ln merit-r eviewed carr ymg out th e pro - 22 gram , the Secretary shall consult vv:ithother Federa l 23 agenC1es that conduct genetic and protein research. oHR 6 EH AMERICA!\ pVERSIGHT 361 CEQ050FY18091 _000000439 CEQ-18-0173-C-000399 360 1 (b) GOALS.-Th e program shall have th e goal of de- 2 veloping technologies and methods based on th e biologi cal 3 functions of genomes, microbes, and plants that( 1) can facilitat e the production of fuels, inclucl- 4 5 ing hydrogen; 6 (2) convert carbon dioxide to organi c carbon; 7 (3) detoxify soils and water, includin g at De- 8 partm cnt aJ facihties, contaminat ed with heavy met- 9 als and radiological mat erials; and (4) addr ess other Dcpa1i.mcnt missions as iden- 10 11 tified by the Secreta ry. 12 (c) PL AN.- 13 ( 1) DEVELO PMENTOP PL.u\N.-Not later than 1 14 year afte r th e dat e of enact ment of thi s Act, the 15 Secretary shall prepar e and tran smit to Congress a 16 research plan describing how the program author- 17 ized pur suant to this section will l>c undert aken to 18 accomplish th e pr ogram goals estab lished in sub- 19 secti on (b). 20 (2) REVIEW OF PI-11\l\J .- 'rh e Secreta ry shall 21 contr act with th e Nat ional Academy of Sciences to 22 review the research plan developed und er this sub- 23 section. rrh e Secreta ry shall tr ansmit the review to 24 Congress not later t han 18 month s aft er transm ittal 25 of the research plan und er para grap h (1), along with oHR 6 EH AMERICA!\ pVERSIGHT 362 CEQ050FY18091 _000000439 CEQ-18-0173-C-000400 360 1 (b) GOALS.-Th e program shall have th e goal of de- 2 veloping technologies and methods based on th e biologi cal 3 functions of genomes, microbes, and plants that( 1) can facilitat e the production of fuels, inclucl- 4 5 ing hydrogen; 6 (2) convert carbon dioxide to organi c carbon; 7 (3) detoxify soils and water, includin g at De- 8 partm cnt aJ facihties, contaminat ed with heavy met- 9 als and radiological mat erials; and (4) addr ess other Dcpa1i.mcnt missions as iden- 10 11 tified by the Secreta ry. 12 (c) PL AN.- 13 ( 1) DEVELO PMENTOP PL.u\N.-Not later than 1 14 year afte r th e dat e of enact ment of thi s Act, the 15 Secretary shall prepar e and tran smit to Congress a 16 research plan describing how the program author- 17 ized pur suant to this section will l>c undert aken to 18 accomplish th e pr ogram goals estab lished in sub- 19 secti on (b). 20 (2) REVIEW OF PI-11\l\J .- 'rh e Secreta ry shall 21 contr act with th e Nat ional Academy of Sciences to 22 review the research plan developed und er this sub- 23 section. rrh e Secreta ry shall tr ansmit the review to 24 Congress not later t han 18 month s aft er transm ittal 25 of the research plan und er para grap h (1), along with oHR 6 EH AMERICA!\ pVERSIGHT 362 CEQ050FY18091 _000000439 CEQ-18-0173-C-000400 361 1 th e Secretary's response to th e recommendation s 2 contained in th e re,riew. 3 (d) USER F AC'ILI'l'IE S JU~D ANCILLARY EQ UIP- 4 MENT.- :\iVithin the fund s authorized to be appropriated 5 pur suant to thi s subti tle, t he amotmts specified und er sec6 tion 910(b)(l), (c)(l) , (d)(l), (e)(l), and (f)(l) shall be 7 available for project s to develop, plan , constru ct, acquire, 8 or operate special equipment, instr-umenta tion , or facili- 9 tics, including user facilities, for researchers conducting 10 research, development, demonst ration, and commercial ap11 plication in systems biology and protcomics and associat ed 12 biological disciplines. 13 14 (e) PROHIBI 'l'IO N ON BIOMEDfCAL AN D H UMAN CEl,l .i AND H Ui'llJ\N SUBJECTRE SEJ\1-WH.- 15 (1) No BTOMEDIC1V.. RESEARCH.-ln carry 1ng 16 out th e pro gram und er this section, th e Secretar y 17 shall not conduct biomedical. research. 18 (2) Li l\IITA'l'IONS.-No thing in thi s section shall 19 authorize th e Secretary to conduct any research or 20 dcmonstrations- 21 (A) on human cells or human suQjects; or 22 (B) 23 designed to have direct application ?wit h respect to human cells or human subj ect s. oHR 6 EH AMERICA!\ pVERSIGHT 363 CEQ050FY18091 _000000439 CEQ-18-0173-C-000401 361 1 th e Secretary's response to th e recommendation s 2 contained in th e re,riew. 3 (d) USER F AC'ILI'l'IE S JU~D ANCILLARY EQ UIP- 4 MENT.- :\iVithin the fund s authorized to be appropriated 5 pur suant to thi s subti tle, t he amotmts specified und er sec6 tion 910(b)(l), (c)(l) , (d)(l), (e)(l), and (f)(l) shall be 7 available for project s to develop, plan , constru ct, acquire, 8 or operate special equipment, instr-umenta tion , or facili- 9 tics, including user facilities, for researchers conducting 10 research, development, demonst ration, and commercial ap11 plication in systems biology and protcomics and associat ed 12 biological disciplines. 13 14 (e) PROHIBI 'l'IO N ON BIOMEDfCAL AN D H UMAN CEl,l .i AND H Ui'llJ\N SUBJECTRE SEJ\1-WH.- 15 (1) No BTOMEDIC1V.. RESEARCH.-ln carry 1ng 16 out th e pro gram und er this section, th e Secretar y 17 shall not conduct biomedical. research. 18 (2) Li l\IITA'l'IONS.-No thing in thi s section shall 19 authorize th e Secretary to conduct any research or 20 dcmonstrations- 21 (A) on human cells or human suQjects; or 22 (B) 23 designed to have direct application ?wit h respect to human cells or human subj ect s. oHR 6 EH AMERICA!\ pVERSIGHT 363 CEQ050FY18091 _000000439 CEQ-18-0173-C-000401 362 1 SEC . 903. CATALYSIS RESEARCH AND DEVEL OPMENT P RO- 2 3 GRAM. (a) ES'l'ABLISHMJD N'l'.-'l1h e Secretar y shall conduct 4 a progTam of resear ch and development in catalysis 5 science, including effort s to(1) enable molecular-l evel cata lyst design by 6 7 coupling 8 proa ches; 9 10 (2) m... 1)erim cntal and comput ational ap- enabl e nano scale, high-thr oughput syn- th esis, assay, and chara cterization ; and 11 (3) synthesize catalysts with specific site ar chi- 12 tcctur cs. 13 (b) PROG RAlvI ACTIVITIES.- In carr ying out th e pro- 14 gTam und er thi s section, th e Secretary shall15 (1 ) suppor t both individual researchers and 16 rnultidiscipli11ary teams of resear chers t o pioneer 17 nev.r approa ches in catalytic design ; 18 (2) develop, plan , constru ct , acquire, or operat e 19 special equipment or facilities, including user facili- 20 tics; 21 (3) support t echn ology tran sfer activities to 22 benefit indu stry and oth er users of cata lysis science 23 and engineering; and 24 25 (4) coordinate resear ch and development activities with industry and oth er F ederal agencies. oHR 6 EH AMERICA!\ pVERSIGHT 364 CEQ050FY18091 _000000439 CEQ-18-0173-C-000402 362 1 SEC . 903. CATALYSIS RESEARCH AND DEVEL OPMENT P RO- 2 3 GRAM. (a) ES'l'ABLISHMJD N'l'.-'l1h e Secretar y shall conduct 4 a progTam of resear ch and development in catalysis 5 science, including effort s to(1) enable molecular-l evel cata lyst design by 6 7 coupling 8 proa ches; 9 10 (2) m... 1)erim cntal and comput ational ap- enabl e nano scale, high-thr oughput syn- th esis, assay, and chara cterization ; and 11 (3) synthesize catalysts with specific site ar chi- 12 tcctur cs. 13 (b) PROG RAlvI ACTIVITIES.- In carr ying out th e pro- 14 gTam und er thi s section, th e Secretary shall15 (1 ) suppor t both individual researchers and 16 rnultidiscipli11ary teams of resear chers t o pioneer 17 nev.r approa ches in catalytic design; 18 (2) develop, plan , constru ct , acquire, or operat e 19 special equipment or facilities, including user facili- 20 tics; 21 (3) support t echn ology tran sfer activities to 22 benefit indu stry and oth er users of cata lysis science 23 and engineering; and 24 25 (4) coordinate resear ch and development activities with industry and oth er F ederal agencies. oHR 6 EH AMERICA!\ pVERSIGHT 364 CEQ050FY18091 _000000439 CEQ-18-0173-C-000402 363 1 SEC. 904. HYDROGEN. 2 The Secretary shall conduct a pro gTam of ftmda - 3 menta l research and development in support of programs 4 authoriz ed in titl eVITI. 5 6 SEC. 905 . ADV AN CED SCIENTIFIC COMPUTING RESEARC H. The Secreta ry shall conduct an advanced scientific 7 computing research and development program , including 8 in applied mat hemati cs and th e activ ities authorized by 9 th e Departm ent of Energy High -End Computing Revital10 ization Act of 2004 (15 U.S.C. 5541 et seq.). The Sec11 reta ry shall carr y out this program with the goal of sup- 12 porting departm ental missions and providing the high-per13 formance computationa l, networking , and workforce re14 sources that are required for world leadership in science. 15 SEC. 906. FUSION ENE RGY SCIENC ES PROGRAM. 16 (a) DECLAJ~ATI ON OF POLI CY .- It shall be th e policy 17 of the United States to conduct research, development , 18 demonstrati on, and commercial applicatiou to pr ovide for 19 the scientific, engineering, and conunercial infra stru ctur e 20 necessary to ensure that the Unit ed Stat es is competitive 21 with ot her nation s in providing fusion energy for its own 22 needs and th e needs of othc1? nat ions, including by dcm23 onstrating electric power or hydrogen production for the 24 United States energy gTid uti lizing fusion energy at the 25 earliest dat e possible. 26 (b) PLA NN I NG .- oHR 6 EH AMERICA!\ pVERSIGHT 365 CEQ050 FY18091_000000439 CEQ-18-0173-C-000403 363 1 SEC. 904. HYDROGEN. 2 The Secretary shall conduct a pro gTam of ftmda - 3 menta l research and development in support of programs 4 authoriz ed in titl eVITI. 5 6 SEC. 905 . ADV AN CED SCIENTIFIC COMPUTING RESEARC H. The Secreta ry shall conduct an advanced scientific 7 computing research and development program , including 8 in applied mat hemati cs and th e activ ities authorized by 9 th e Departm ent of Energy High -End Computing Revital10 ization Act of 2004 (15 U.S.C. 5541 et seq.). The Sec11 reta ry shall carr y out this program with the goal of sup- 12 porting departm ental missions and providing the high-per13 formance computationa l, networking , and workforce re14 sources that are required for world leadership in science. 15 SEC. 906. FUSION ENE RGY SCIENC ES PROGRAM. 16 (a) DECLAJ~ATI ON OF POLI CY .- It shall be th e policy 17 of the United States to conduct research, development , 18 demonstrati on, and commercial applicatiou to pr ovide for 19 the scientific, engineering, and conunercial infra stru ctur e 20 necessary to ensure that the Unit ed Stat es is competitive 21 with ot her nation s in providing fusion energy for its own 22 needs and th e needs of othc1? nat ions, including by dcm23 onstrating electric power or hydrogen production for the 24 United States energy gTid uti lizing fusion energy at the 25 earliest dat e possible. 26 (b) PLA NN I NG .- oHR 6 EH AMERICA!\ pVERSIGHT 365 CEQ050 FY18091_000000439 CEQ-18-0173-C-000403 364 1 (]) IN GENI:i:R 1\ l;.-Not later than 180 days 2 after th e dat e of ena ctment of this Act, th e Sec- 3 retary shall transmit to Congress a plan , with pro - 4 posed cost estimat es, budget s, and lists of potential 5 int ernational partn ers, for th e implementation of the 6 policy described in subsection (a). The plan sha ll en- 7 sur e that- 8 (A) eAisting fusion r esear ch faciliti es are 9 more fully utilized; 10 (B) fusion science, technology, t heory, ad- 11 vanced computation , modeling, and simulation 12 are stren gth ened; 13 (C) nevv magnetic and inertial fusion re- 14 search and development facilities are selected 15 ba sed on scientific innovation, cost effective- 16 ness, and th eir potential to advance the goal of 17 practical fusion energy at the earliest dat e pos- 18 sible, and those that arc selected ar c fund ed at 19 a cost-effective rat e; 20 (D) commnnicat ion of scientifi c result s and 21 methods betv.reen the fusion energy science com- 22 munity and th e broad er scientifi c ancl tech- 23 nology commtmiti es is irnproved; 24 (E) inertial confinement fusion facilities 25 arc utilized to th e extent pra cticable for the oHR 6 EH AMERICA!\ pVERSIGHT 366 CEQ050 FY18091_000000439 CEQ-18-0173-C-000404 364 1 (]) IN GENI:i:R 1\ l;.-Not later than 180 days 2 after th e dat e of ena ctment of this Act, th e Sec- 3 retary shall transmit to Congress a plan , with pro - 4 posed cost estimat es, budget s, and lists of potential 5 int ernational partn ers, for th e implementation of the 6 policy described in subsection (a). The plan sha ll en- 7 sur e that- 8 (A) eAisting fusion r esear ch faciliti es are 9 more fully utilized; 10 (B) fusion science, technology, t heory, ad- 11 vanced computation , modeling, and simulation 12 are stren gth ened; 13 (C) nevv magnetic and inertial fusion re- 14 search and development facilities are selected 15 ba sed on scientific innovation, cost effective- 16 ness, and th eir potential to advance the goal of 17 practical fusion energy at the earliest dat e pos- 18 sible, and those that arc selected ar c fund ed at 19 a cost-effective rat e; 20 (D) commnnicat ion of scientifi c result s and 21 methods betv.reen the fusion energy science com- 22 munity and th e broad er scientifi c ancl tech- 23 nology commtmiti es is irnproved; 24 (E) inertial confinement fusion facilities 25 arc utilized to th e extent pra cticable for the oHR 6 EH AMERICA!\ pVERSIGHT 366 CEQ050 FY18091_000000439 CEQ-18-0173-C-000404 365 1 Pur1Jose of inertial fu sion enerov Ov resear ch and 2 development; and 3 (F) attractive alternat ive inertial and mag- 4 netic fusion energy app r oaches arc more fully 5 e2...1J lored. 6 (2) COSTS AND SCHED ULES.-Su ch plan shall 7 also add ress th e statu s of and, to th e degree pos- 8 sible, costs and schedules for- 9 (A) the design and implementa tion of 10 int ern atio nal or national facilities for the test - 11 ing of fusion materia ls; and 12 (B) th e design and implement atio n of 13 int ern ationa l or national faciliti es for th e test - 14 ing and development of key fu sion tech nologies. 15 (c) UNITED S'l'Al''ES PAl{'r ICTPN l'lO N IN ITER.- 16 (] ) L'J GENERA J.,.- Th e Un ited States may par - 17 ticipat e in ITER only in accordance with this sub- 18 section . 19 (2) AGREEl\IEN'l'. - 20 (A) I N GENERAL .-r n ic Secretar y is au- 21 thori zed to negotiat e an agreement for Unit ed 22 States parti cipation in ITER. 23 (B) CONTENTS.-Any agreement for 24 Unit ed Stat es par ticipation in ITER shall , at a 25 nurumum- oHR 6 EH AMERICA!\ pVERSIGHT 367 CEQ050FY18091 _000000439 CEQ-18-0173-C-000405 365 1 Pur1Jose of inertial fu sion enerov Ov resear ch and 2 development; and 3 (F) attractive alternat ive inertial and mag- 4 netic fusion energy app r oaches arc more fully 5 e2...1J lored. 6 (2) COSTS AND SCHED ULES.-Su ch plan shall 7 also add ress th e statu s of and, to th e degree pos- 8 sible, costs and schedules for- 9 (A) the design and implementa tion of 10 int ern atio nal or national facilities for the test - 11 ing of fusion materia ls; and 12 (B) th e design and implement atio n of 13 int ern ationa l or national faciliti es for th e test - 14 ing and development of key fu sion tech nologies. 15 (c) UNITED S'l'Al''ES PAl{'r ICTPN l'lO N IN ITER.- 16 (] ) L'J GENERA J.,.- Th e Un ited States may par - 17 ticipat e in ITER only in accordance with this sub- 18 section . 19 (2) AGREEl\IEN'l'. - 20 (A) I N GENERAL .-r n ic Secretar y is au- 21 thori zed to negotiat e an agreement for Unit ed 22 States parti cipation in ITER. 23 (B) CONTENTS.-Any agreement for 24 Unit ed Stat es par ticipation in ITER shall , at a 25 nurumum- oHR 6 EH AMERICA!\ pVERSIGHT 367 CEQ050FY18091 _000000439 CEQ-18-0173-C-000405 366 (i) clearly define th e United States fi- 1 2 nancial contribution to constru ction and 3 operating costs, as well as any other costs 4 associated with t he proje ct; 5 (ii) ensur e that the shar e of ITER' s 6 high-tech_nology componen ts manufa ctur ed 7 in the United States is at least propor - 8 tionate to the United States finan cial con- 9 tribut ion to ITER; 10 (iii) ensur e that the United St at es will 11 not be financially responsible for cost over- 12 run s in component s manufactured in other 13 I'rER parti cipatin g countri es; (iv) guarant ee th e Un:ited States fu ll 14 access to all dat a generat ed by I TER; 15 16 (v) enable United States researchers 17 to propose and carry out an equitable 18 rimcnt s at I TER; shar e of the C).'])e 19 (vi) provide the Unit ed Stat es with a 20 role in all collective decisiomnaking relat ed 21 to rrER? and 22 (vii ) ' describe the pr ocess for dis- 23 continuin g or decommissioning ITER and 24 any United States role in that process. oHR 6 EH AMERICA!\ pVERSIGHT 368 CEQ050 FY18091_000000439 CEQ-18-0173-C-000406 366 (i) clearly define th e United States fi- 1 2 nancial contribution to constru ction and 3 operating costs, as well as any other costs 4 associated with t he proje ct; 5 (ii) ensur e that the shar e of ITER' s 6 high-tech_nology componen ts manufa ctur ed 7 in the United States is at least propor - 8 tionate to the United States finan cial con- 9 tribut ion to ITER; 10 (iii) ensur e that the United St at es will 11 not be financially responsible for cost over- 12 run s in component s manufactured in other 13 I'rER parti cipatin g countri es; (iv) guarant ee th e Un:ited States fu ll 14 access to all dat a generat ed by I TER; 15 16 (v) enable United States researchers 17 to propose and carry out an equitable 18 rimcnt s at I TER; shar e of the C).'])e 19 (vi) provide the Unit ed Stat es with a 20 role in all collective decisiomnaking relat ed 21 to rrER? and 22 (vii ) ' describe the pr ocess for dis- 23 continuin g or decommissioning ITER and 24 any United States role in that process. oHR 6 EH AMERICA!\ pVERSIGHT 368 CEQ050 FY18091_000000439 CEQ-18-0173-C-000406 367 1 (3) Pr,A1 .- Th e Secretary, in consultation with 2 th e Fu sion Energy Sciences Advisory Committ ee, 3 shall develop a plan for the participation of United 4 States scientists in I'l'ER that shall include the 5 United Sta tes research agenda for ITER , methods 6 to evaluat e whether rrER is promoting progress to- 7 ward makin g fusion a r eliable and affordab le source 8 of power, and a description of how ?work at ITER 9 will relat e to other clements of the United States fu- 10 sion pl'ogram. rrhe Secretary shall request a review 11 of the plan by the Nationa l Academy of Sciences. (4) LIMITNl'ION.-No 12 Federal funds shall be 13 e:\.rpe nded for th e constru ction of rrER 14 Secreta ry ha s tran smitt ed to Congress- until the 15 (A) th e agTeement negotiat ed pur suant to 16 para graph (2) and 120 days have elapsed since 17 tha t transmissio n; 18 (B) a report describing the management 19 st ructlu-e of ITER and providing a fi,--x.ed dollar 20 estimat e of the cost of United States part icipa- 21 tion in th e constru ction of rrER , and 120 days 22 have elapsed since that tran smission; 23 (C) a report describing ho-wUnited States 24 par t icipation in ITER will be funded without 25 reducing funding for other pr ogram s in the Of- oHR 6 EH AMERICA!\ pVERSIGHT 369 CEQ050FY18091 _000000439 CEQ-18-0173-C-000407 367 1 (3) Pr,A1 .- Th e Secretary, in consultation with 2 th e Fu sion Energy Sciences Advisory Committ ee, 3 shall develop a plan for the participation of United 4 States scientists in I'l'ER that shall include the 5 United Sta tes research agenda for ITER , methods 6 to evaluat e whether rrER is promoting progress to- 7 ward makin g fusion a r eliable and affordab le source 8 of power, and a description of how ?work at ITER 9 will relat e to other clements of the United States fu- 10 sion pl'ogram. rrhe Secretary shall request a review 11 of the plan by the Nationa l Academy of Sciences. 12 (4) LIMITNl'ION.-No Federal funds shall be 13 e:\.rpe nded for th e constru ction of rrER 14 Secreta ry ha s tran smitt ed to Congress- until the 15 (A) th e agTeement negotiat ed pur suant to 16 para graph (2) and 120 days have elapsed since 17 tha t transmissio n; 18 (B) a report describing the management 19 st ructlu-e of ITER and providing a fi,--x.ed dollar 20 estimat e of the cost of United States part icipa- 21 tion in th e constru ction of rrER , and 120 days 22 have elapsed since that tran smission; 23 (C) a report describing ho-wUnited States 24 par t icipation in ITER will be funded without 25 reducing funding for other pr ogram s in the Of- oHR 6 EH AMERICA!\ pVERSIGHT 369 CEQ050FY18091 _000000439 CEQ-18-0173-C-000407 368 1 fice of Science, including oth er fusion progTams, 2 and 60 days have elapsed since that tran s- 3 mission; and 4 (D) the plan requir ed by paragraph (3) 5 (but not the N at ionaJ Academy of Sciences re- 6 view of that plan ), a11d 60 days have elap sed 7 since that tr ansmission. 8 (5) Al.! 1'ER Ni\' l'I\ g TO l'l'ER.-If at any time 9 durin g th e negotiation s on ITER , the Secretary dc- 10 termin cs t hat construction and operat ion of ITER is 11 unlikely or infeasible, th e Sec1?etary shall send to 12 Congress, as part of th e budget requ est for th e fol- 13 lowing year, a plan for implementin g a domestic 14 burnin g plasma e>-l)erirnent including costs and 15 schedules for such a plan. The Secretary shall refine 16 such plan in full consultation with th e Fu sion En- 17 ergy Sciences Advisory Comrnittee and shall also 18 transmit 19 Scicncc8 for rcvic?w. 20 such plan to the Nat ional Academy of (6) DEFIN1TIONS.- In this subsection: 21 (A) CONS'l'RUCTION.-Th e t erm "constru c- 22 tion " means th e physical constru ction of th e 23 I1'ER facility, and the physical constru ction, 24 pur chase, or manufacture of equipment 25 ponent s that arc specifically designed for the 01? com- oHR 6 EH AMERICA!\ pVERSIGHT 370 CEQ050FY18091 _000000439 CEQ-18-0173-C-000408 368 1 fice of Science, including oth er fusion progTams, 2 and 60 days have elapsed since that tran s- 3 mission; and 4 (D) the plan requir ed by paragraph (3) 5 (but not the N at ionaJ Academy of Sciences re- 6 view of that plan ), a11d 60 days have elap sed 7 since that tr ansmission. 8 (5) Al.! 1'ER Ni\' l'I\ g TO l'l'ER.-If at any time 9 durin g th e negotiation s on ITER , the Secretary dc- 10 termin cs t hat construction and operat ion of ITER is 11 unlikely or infeasible, th e Sec1?etary shall send to 12 Congress, as part of th e budget requ est for th e fol- 13 lowing year, a plan for implementin g a domestic 14 burnin g plasma e>-l)erirnent including costs and 15 schedules for such a plan. The Secretary shall refine 16 such plan in full consultation with th e Fu sion En- 17 ergy Sciences Advisory Comrnittee and shall also 18 transmit 19 Scicncc8 for rcvic?w. 20 such plan to the Nat ional Academy of (6) DEFIN1TIONS.- In this subsection: 21 (A) CONS'l'RUCTION.-Th e t erm "constru c- 22 tion " means th e physical constru ction of th e 23 I1'ER facility, and the physical constru ction, 24 pur chase, or manufacture of equipment 25 ponent s that arc specifically designed for the 01? com- oHR 6 EH AMERICA!\ pVERSIGHT 370 CEQ050FY18091 _000000439 CEQ-18-0173-C-000408 369 1 ITER faci]ity, but does not mean the design of 2 the facility, equipm ent, or com.ponents. 3 (B) ITER. -T he term "ITER " means the 4 int ernational burnin g plasma fusion research 5 project in 6 United Stat es parti cipation on Januar y 30, 7 2003, or any similar internat ional proj ect. 8 t he Pr esident annou nced SEC. 907. SCIENCE AND TECHNOLOGY SCHOLARSHIP PRO- 9 10 which GRAM. (a) E STABLIS IIlvlENT 01<' PR0GRAl\1.- 11 (1) IN GENERAL .-T he Secretar y is authorized 12 to establ ish a Science and 'rechno logy Scholar ship 13 Prog ram to award scholar ships to individual s th at is 14 designed to recruit and prepa re students for careers 15 iJ1 th e Departme nt. 16 (2) C OMPE'l'l'l'IV J~ PR0CESS.-lndividuals shall 17 be selected to receive scholar ships und er this section 18 through a compet itive process primarily on th e basis 19 of academic merit , ?with considera tion given to fin an- 20 cia l need and th e goal of pro moting th e partic ipat ion 21 of individua ls identifi ed in section 33 or 34 of th e 22 Science and En gin eering Equ al Opportuniti es Act 23 (42 U.S.C. 1885a or 1885b) . 24 (3) SERVICE AGREEMEN TS.- To carry out the 25 P1?ogra m th e Secret ary shall ent er int o contract ual oHR 6 EH AMERICA!\ pVERSIGHT 371 CEQ050FY18091 _000000439 CEQ-18-0173-C-000409 369 1 ITER faci]ity, but does not mean the design of 2 the facility, equipm ent, or com.ponents. 3 (B) ITER. -T he term "ITER " means the 4 int ernational burnin g plasma fusion research 5 project in 6 United Stat es parti cipation on Januar y 30, 7 2003, or any similar internat ional proj ect. 8 t he Pr esident annou nced SEC. 907. SCIENCE AND TECHNOLOGY SCHOLARSHIP PRO- 9 10 which GRAM. (a) E STABLIS IIlvlENT 01<' PR0GRAl\1.- 11 (1) IN GENERAL .-T he Secretar y is authorized 12 to establ ish a Science and 'rechno logy Scholar ship 13 Prog ram to award scholar ships to individual s th at is 14 designed to recruit and prepa re students for careers 15 iJ1 th e Departme nt. 16 (2) C OMPE'l'l'l'IV J~ PR0CESS.-lndividuals shall 17 be selected to receive scholar ships und er this section 18 through a compet itive process primarily on th e basis 19 of academic merit , ?with considera tion given to fin an- 20 cia l need and th e goal of pro moting th e partic ipat ion 21 of individua ls identifi ed in section 33 or 34 of th e 22 Science and En gin eering Equ al Opportuniti es Act 23 (42 U.S.C. 1885a or 1885b) . 24 (3) SERVICE AGREEMEN TS.- To carry out the 25 P1?ogra m th e Secret ary shall ent er int o contract ual oHR 6 EH AMERICA!\ pVERSIGHT 371 CEQ050FY18091 _000000439 CEQ-18-0173-C-000409 370 1 agreement s with individual s selected un der para- 2 graph (2) und er \i\rhich the individual s agree to serve 3 as full-time employees of th e Departm ent, for the 4 period described in subsection (f)(l) , in positions 5 needed by the Departm ent and for which the individ- 6 uals ar e qualified , in exchange for recei,~ng a schol- 7 a.rship. 8 (b) SCI-1O1,ARSJ-IIP ELIGIBILI'l'Y.-In order to b e eligi- 9 ble to participat e in th e Pro gTam, an individual must10 (1) be enrolled or accept ed for enrollment as a 11 full-time graduat e student at an institution of higher 12 education in an academic program or field of study 13 described in th e list made available und er subsection 14 (d); 15 (2) be a United States citizen; and 16 (3) at th e time of th e initi al scholarship award , 17 not be a F ederal employee as defined in section 18 2105 of titl e 5 of th e United States Code. 19 (c) APPLICATION REQUIRED.- .A. n individual seeking 20 a scholarship und er thi s section shall submit an applica21 tion to the Secretar y at such tim e, in such mann er , and 22 containin g such information , agTeement s, or assuran ces as 23 th e Secretmy may require. 24 (cl) ELIGIBLE ACADEMIC PROGRAMS .- Th e Secretar y 25 shall make publicly available a list of academic program s oHR 6 EH AMERICA!\ pVERSIGHT 372 CEQ050FY18091 _000000439 CEQ-18-0173-C-000410 370 1 agreement s with individual s selected un der para- 2 graph (2) und er \i\rhich the individual s agree to serve 3 as full-time employees of th e Departm ent, for the 4 period described in subsection (f)(l) , in positions 5 needed by the Departm ent and for which the individ- 6 uals ar e qualified , in exchange for recei,~ng a schol- 7 a.rship. 8 (b) SCI-1O1,ARSJ-IIP ELIGIBILI'l'Y.-In order to be eligi- 9 ble to participat e in th e Pro gTam, an individual must10 (1) be enrolled or accept ed for enrollment as a 11 full-time graduat e student at an institution of higher 12 education in an academic program or field of study 13 described in th e list made available und er subsection 14 (d); 15 (2) be a United States citizen; and 16 (3) at th e time of th e initi al scholarship award , 17 not be a F ederal employee as defined in section 18 2105 of titl e 5 of th e United States Code. 19 (c) APPLICATION REQUIRED.- .A. n individual seeking 20 a scholarship und er thi s section shall submit an applica21 tion to the Secretar y at such tim e, in such mann er , and 22 containin g such information , agTeement s, or assuran ces as 23 th e Secretmy may require. 24 (cl) ELIGIBLE ACADEMIC PROGRAMS .- Th e Secretar y 25 shall make publicly available a list of academic program s oHR 6 EH AMERICA!\ pVERSIGHT 372 CEQ050FY18091 _000000439 CEQ-18-0173-C-000410 371 1 and fields of st udy for which scholar ships under th e Pro- 2 gTam may be utili zed, and shalJ upd ate th e list as nec3 essary. 4 (c) SC IIOL ARS IIIP REQl IREi\IE NT .- 5 (1) IN GENERAL .- The Seci-ctary may provide a 6 scholarshjp under th e Pro gram for an aca den1ic year 7 jf th e indjvidual applying for th e scholar shjp ha s 8 submitt ed to th e Secretary, as part of the applica- 9 tion requir ed und er sub section (c), a proposed aca- 10 demic program lead ing to a degTce in a program or 11 field of stud y on the list mad e available und er sub- 12 section (d) . 13 (2) D URATIO N OP m.JIGIBU.Jl'l'Y.-An individua l 14 may not receive a scholars hip under this section for 15 more th an 4 acadernjc years, unl ess the Secretary 16 grant s a waiver . 17 (3) SCHOL1\RSI-ITP Ai\i[OUN'l'.-The dollar 18 amount of a scholarship und er this section for an 19 academic year shall be determined und er regulation s 20 issued by th e Secretary, but shall in no case exceed 21 th e cost of att endan ce. 22 (4) A UTil ORL%ED USl~S.-A scholar ship pro - 23 vicled under th is sectjon may be e:>.7J end ed for tuition, 24 fees, and other authorized e),,_ 11enscs as esta blished by 25 the Secretar y by regulat ion. oHR 6 EH AMERICA!\ pVERSIGHT 373 CEQ050FY18091 _000000439 CEQ-18-0173-C-000411 371 1 and fields of st udy for which scholar ships under th e Pro- 2 gTam may be utili zed, and shalJ upd ate th e list as nec3 essary. 4 (c) SC IIOL ARS IIIP REQl IREi\IE NT .- 5 (1) IN GENERAL .- The Seci-ctary may pro vide a 6 scholarshjp under th e Pro gram for an aca den1ic year 7 jf th e indjvidual applying for th e scholar shjp ha s 8 submitt ed to th e Secretary, as part of the applica- 9 tion requir ed und er sub section (c), a proposed aca- 10 demic program lead ing to a degTce in a program or 11 field of stud y on the list mad e available und er sub- 12 section (d) . 13 (2) D URATIO N OP m.JIGIBU.Jl'l'Y.-An individua l 14 may not receive a scholars hip under this section for 15 more th an 4 acadernjc years, unl ess the Secretary 16 grant s a waiver . 17 (3) SCHOL1\RSI-ITP Ai\i[OUN'l'.-The dollar 18 amount of a scholarship und er this section for an 19 academic year shall be determined und er regulation s 20 issued by th e Secretary, but shall in no case exceed 21 th e cost of att endan ce. 22 (4) A UTil ORL%ED USl~S.-A scholar ship pro - 23 vicled under th is sectjon may be e:>.7J end ed for tuition, 24 fees, and other authorized e),,_ 11enscs as esta blished by 25 the Secretar y by regulat ion. oHR 6 EH AMERICA!\ pVERSIGHT 373 CEQ050FY18091 _000000439 CEQ-18-0173-C-000411 372 1 (5) CON'l'HACTS REGAR DI NG DIRE CT PJ\YiVIEN'l'S INS'l'I'l'U'l'TO NS.-rrh e Secretary may ent er into a 2 'l'O 3 cont ractua l agreement ?with an institution of higher 4 educat ion under ,;vhich th e amounts provided for a 5 scholar ship under this section for tuition , fees, and 6 other aut horized eA'])e nses are paid dir ectly to th e in- 7 stitution ,.,rith respect to which th e scholar ship is 8 pro vided. 9 (f) PERIOD OF OBL IGATED SERV ICE .- 10 (1) DURATION OF SERVICE.- rrhe period 11 service for which an individual shall be obligated to 12 serve as an employee of th e Departm ent is, except 13 as provided in subsection (h)(2), 24 months for each 14 acade mic year for which a scholarship und er th is 15 section is pr ovided. 16 of (2) SCI-lEDUL;J <,;F'OR SERVICE .- 17 (A) 1N GENBRAL.-E xcept as pr ovided iu 18 subpara grap h (B) , obligate d service und er pa ra - 19 graph (1) shall begin not later than 60 days 20 after the individual obtains th e educat ional de- 21 gree for which the scholarship was provided. 22 (B) DEFERRAL.-r rh e Secretary may defer 23 the obligation of an individual to provide a pe- 24 riod of service under paragraph (1 ) if the Sec- 25 rctary determines that such a deferra l is appro- oHR 6 EH AMERICA!\ pVERSIGHT 374 CEQ050FY18091 _000000439 CEQ-18-0173-C-000412 372 1 (5) CON'l'HACTS REGAR DI NG DIRE CT PJ\YiVIEN'l'S INS'l'I'l'U'l'TO NS.-rrh e Secretary may ent er into a 2 'l'O 3 cont ractua l agreement ?with an institution of higher 4 educat ion under ,;vhich th e amounts provided for a 5 scholar ship under this section for tuition , fees, and 6 other aut horized eA'])e nses are paid dir ectly to th e in- 7 stitution ,.,rith respect to which th e scholar ship is 8 pro vided. 9 (f) PERIOD OF OBL IGATED SERV ICE .- 10 (1) DURATION OF SERVICE.- rrhe period 11 service for which an individual shall be obligated to 12 serve as an employee of th e Departm ent is, except 13 as provided in subsection (h)(2), 24 months for each 14 acade mic year for which a scholarship und er th is 15 section is pr ovided. 16 of (2) SCI-lEDUL;J <,;F'OR SERVICE .- 17 (A) 1N GENBRAL.-E xcept as pr ovided iu 18 subpara grap h (B) , obligate d service und er pa ra - 19 graph (1) shall begin not later than 60 days 20 after the individual obtains th e educat ional de- 21 gree for which the scholarship was provided. 22 (B) DEFERRAL.-r rh e Secretary may defer 23 the obligation of an individual to provide a pe- 24 riod of service under paragraph (1 ) if the Sec- 25 rctary determines that such a deferra l is appro- oHR 6 EH AMERICA!\ pVERSIGHT 374 CEQ050FY18091 _000000439 CEQ-18-0173-C-000412 373 rn,e Secretar y 1 pri ate. 2 and condition s und er ?which a service obligation 3 may be deferr ed thr ough rcg11lation . 4 5 (g) PE NAL TIE S FOR shall pr escrib e th e term s BRE ACH OF SCIIOL ARSIIIP AG RE EME N'l' .- 6 (1) F AILU RE '1'0 COMPLETE ACADE 1\.ITC TH A I N- 7 lNG.-S chola.rship r ecipient s who fail to ma intain a 8 high level of academic standin g, as defined by th e 9 Secretar y by regulati on , who arc dismissed from 10 th eir educati onal instituti ons for disciplinar y rea- 11 sons, or who volU11ta1-ily te rminat e academic tr aining 12 before graduati on fr om th e educational program for 13 which th e scholar ship was award ed, shall be in 14 breach of th eir contr actual agreement and , in lieu of 15 any service obligation a.rising und er such agreement , 16 shalJ be liable to th e Unit ed Stat es for repayment 17 not lat er than 1 year after th e dat e of default of all 18 scholarship fund s paid to th em and to the instituti on 19 of higher edu cation on th eir behalf m1der the agrcc- 20 mcnt , except as pr ovided in subsection (h )(2 ). 'rh c 21 repayment peri od may be extended by th e Secretar y 22 when determin ed t o be necessary, as establi shed by 23 regulation. (2 ) F A.ILURE TO BE GIN OR COlVfPLETE 24 25 SERVICE OBLI GA'l'I ON OR i\IEET TIIE TIIE TERM S AND oHR 6 EH AMERICA!\ pVERSIGHT 375 CEQ050FY18091 _000000439 CEQ-18-0173-C-000413 373 rn,e Secretar y 1 pri ate. 2 and condition s und er ?which a service obligation 3 may be deferr ed thr ough rcg11lation . 4 5 (g) PE NAL TIE S FOR shall pr escrib e th e term s BRE ACH OF SCIIOL ARSIIIP AG RE EME N'l' .- 6 (1) F AILU RE '1'0 COMPLETE ACADE 1\.ITC TH A I N- 7 lNG.-S chola.rship r ecipient s who fail to ma intain a 8 high level of academic standin g, as defined by th e 9 Secretar y by regulati on , who arc dismissed from 10 th eir educati onal instituti ons for disciplinar y rea- 11 sons, or who volU11ta1-ily te rminat e academic tr aining 12 before graduati on fr om th e educational program for 13 which th e scholar ship was award ed, shall be in 14 breach of th eir contr actual agreement and , in lieu of 15 any service obligation a.rising und er such agreement , 16 shalJ be liable to th e Unit ed Stat es for repayment 17 not lat er than 1 year after th e dat e of default of all 18 scholarship fund s paid to th em and to the instituti on 19 of higher edu cation on th eir behalf m1der the agrcc- 20 mcnt , except as pr ovided in subsection (h )(2 ). 'rh c 21 repayment peri od may be extended by th e Secretar y 22 when determin ed t o be necessary, as establi shed by 23 regulation. (2 ) F A.ILURE TO BE GIN OR COlVfPLETE 24 25 SERVICE OBLI GA'l'I ON OR i\IEET TIIE TIIE TERM S AND oHR 6 EH AMERICA!\ pVERSIGHT 375 CEQ050FY18091 _000000439 CEQ-18-0173-C-000413 374 1 CO N DlTIO NS OF' Dl~To,B){i\,Il !jN' l'. -A 2 ent who, for any reason, fails to beg in or complete 3 a service obligation under this section after comple- 4 tion of academic training , or fails to comply with the 5 terms and condition s of deferm ent estab lished by the 6 Secretary pur suant to sub section (f)(2)(B), 7 in br each of th e contra ctual agreement. vVhen a re- 8 cipient br eaches an agreement for th e r easons st at ed 9 in th e preceding sentence, th e recipient shall be lia- 10 scholarsh ip r ecipi- sh all be ble to the Unit ed Stat es for an am01.mt equ al to- ll (A) the total amount of scholarships re- 12 ceived by su ch individual und er thi s section ; 13 plus 14 (B) the int er est on th e amoun ts of such 15 awards which ?would be pa yable if at th e time 16 th e awards ?were r eceived th ey were loan s bear - 17 ing interest 18 ra te, as dete rmin ed by the Tr easur er of the 19 Unit ed Stat es, at the m.aximum legal pr evaiJing 20 multipli ed by 3 . 21 (h) "\i\T J\l \TER OR SUS PE NSION 0 1o' O BJJ10AT I0N .- 22 (]) DBJ\TH OF I N DIVID UJ\L.-An y obligat ion of 23 an individua l incu r red under the Pr ogTan1 (or a con- 24 tra ctu al agr eement thereunder) for service or pay- oHR 6 EH AMERICA!\ pVERSIGHT 376 CEQ050FY18091 _000000439 CEQ-18-0173-C-000414 374 1 CO N DlTIO NS OF' Dl~To,B){i\,Il !jN' l'. -A 2 ent who, for any reason, fails to beg in or complete 3 a service obligation under this section after comple- 4 tion of academic training , or fails to comply with the 5 terms and condition s of deferm ent estab lished by the 6 Secretary pur suant to sub section (f)(2)(B), 7 in br each of th e contra ctual agreement. vVhen a re- 8 cipient br eaches an agreement for th e r easons st at ed 9 in th e preceding sentence, th e recipient shall be lia- 10 scholarsh ip r ecipi- sh all be ble to the Unit ed Stat es for an am01.mt equ al to- ll (A) the total amount of scholarships re- 12 ceived by su ch individual und er thi s section ; 13 plus 14 (B) the int er est on th e amoun ts of such 15 awards which ?would be pa yable if at th e time 16 th e awards ?were r eceived th ey were loan s bear - 17 ing interest 18 ra te, as dete rmin ed by the Tr easur er of the 19 Unit ed Stat es, at the m.aximum legal pr evaiJing 20 multipli ed by 3 . 21 (h) "\i\T J\l \TER OR SUS PE NSION 0 1o' O BJJ10AT I0N .- 22 (]) DBJ\TH OF I N DIVID UJ\L.-An y obligat ion of 23 an individua l incu r red under the Pr ogTan1 (or a con- 24 tra ctu al agr eement thereunder) for service or pay- oHR 6 EH AMERICA!\ pVERSIGHT 376 CEQ050FY18091 _000000439 CEQ-18-0173-C-000414 375 1 ment shall be canceled upon th e death of th e i.ndi- 2 vidual. 3 (2) ll\fPO SSIBILI'l'Y OR EXTREME IIARDSIIIP. - 4 The Secretary shall by regulation provide for the 5 partial or total waiver or suspension of any obliga- 6 tion of service or payment incur red by an individual 7 und er th e Pro gra m (or a contra ctual agreement 8 th ereund er) virhenever compliance by the individual is 9 impossible or would involve extreme hard ship to th e 10 individua l, or if enforcement of such obligation with 11 respect to the individual would be contrar y to the 12 best int erests of the Governm ent. 13 (i) DEFINI'l'J0NS.-ln this section th e follm~ringdefi- 14 nition s apply: 15 (1) COS'!' OP 1\T'l'ENDAl\iCE .-Th e term "cost of 16 att endanc e" ha s th e meaning given that term in sec- 17 tion 472 of the High er Edu cation Act of 196 5 (20 18 U .S.C. 1087ll). 19 (2) PR0 GRAl\L- Th e term "Pro gram " mean s 20 the Science and Teclu1ology Scholars hip Pr ogram es- 21 tabli shecl und er thi s section . 22 SEC. 908. OFFICE OF SCIENTIFIC AND TECHNICAL INFOR23 24 MATION. Th e Secretar y shall maintain within th e Depart ment 25 the Office of Scienti fic and Tcclurical Information . oHR 6 EH AMERICA!\ pVERSIGHT 377 CEQ050FY18091 _000000439 CEQ-18-0173-C-000415 375 1 ment shall be canceled upon th e death of th e i.ndi- 2 vidual. 3 (2) ll\fPO SSIBILI'l'Y OR EXTREME IIARDSIIIP. - 4 The Secretary shall by regulation provide for the 5 partial or total waiver or suspension of any obliga- 6 tion of service or payment incur red by an individual 7 und er th e Pro gra m (or a contra ctual agreement 8 th ereund er) virhenever compliance by the individual is 9 impossible or would involve extreme hard ship to th e 10 individua l, or if enforcement of such obligation with 11 respect to the individual would be contrar y to the 12 best int erests of the Governm ent. 13 (i) DEFINI'l'J0NS.-ln this section th e follm~ringdefi- 14 nition s apply: 15 (1) COS'!' OP 1\T'l'ENDAl\iCE .-Th e term "cost of 16 att endanc e" ha s th e meaning given that term in sec- 17 tion 472 of the High er Edu cation Act of 196 5 (20 18 U .S.C. 1087ll). 19 (2) PR0 GRAl\L- Th e term "Pro gram " mean s 20 the Science and Teclu1ology Scholars hip Pr ogram es- 21 tabli shecl und er thi s section . 22 SEC. 908. OFFICE OF SCIENTIFIC AND TECHNICAL INFOR23 24 MATION. Th e Secretar y shall maintain within th e Depart ment 25 the Office of Scienti fic and Tcclurical Information . oHR 6 EH AMERICA!\ pVERSIGHT 377 CEQ050FY18091 _000000439 CEQ-18-0173-C-000415 376 1 SEC. 909. SCIENCE AND ENGINEERING PILOT PROGRAM . 2 (a) E S'l'ABLISIIMHJN'l'OF' CONSOHTIUM.-Notwith - 3 standin g section 913 , the Secretary shall award a grant 4 to Oak Ridge Associated Unjversities to estab lish a univer 5 sity consort ium to carr y out a regional pilot p1?ogTam for 6 enhan cing scientific, techno logical, engineering , and math- 7 ematical literac y, creat ivity, and dccisionmaking. Th e con- 8 sortium shall includ e leading researc h un iversities, one or 9 mor e universities that train sub stan tial numb ers of e]e10 mentary and secondar y school teachers, and, where appro11 priatc, Nat iona l Laboratorie s. 12 (b) PROG RAl\ 1 ELEMENTS.- 'l1he program shall 13 include(l ) e:>q)a nding strat egic, forma l partnerships 14 15 among universities ?with st rengt h in resea rch, univer- 16 sities that train sub sta ntial numb ers of elementary 17 and secondary school teachers, and the private sec- 18 tor; 19 (2) combining Departm ent eArpe rti se v,~tl1one or 20 more Nat ional Aeronaut ics and Spa ce Adm.inistra - 21 tion Edu cator Resour ce Cente rs; 22 (3) developing program s to permit curr ent and 23 futur e t eachers to participate in ongoing resea rch 24 prQjects at Nat ional Laborat ories and research uni- 25 versities and to adapt lessons learn ed to the class- 26 room; oHR 6 EH AMERICA!\ pVERSIGHT 378 CEQ050 FY18091_000000439 CEQ-18-0173-C-000416 376 1 SEC. 909. SCIENCE AND ENGINEERING PILOT PROGRAM . 2 (a) E S'l'ABLISIIMHJN'l'OF' CONSOHTIUM.-Notwith - 3 standin g section 913 , the Secretary shall award a grant 4 to Oak Ridge Associated Unjversities to estab lish a univer 5 sity consort ium to carr y out a regional pilot p1?ogTam for 6 enhan cing scientific, techno logical, engineering , and math- 7 ematical literac y, creat ivity, and dccisionmaking. Th e con- 8 sortium shall includ e leading researc h un iversities, one or 9 mor e universities that train sub stan tial numb ers of e]e10 mentary and secondar y school teachers, and, where appro11 priatc, Nat iona l Laboratorie s. 12 (b) PROG RAl\ 1 ELEMENTS.- 'l1he program shall 13 include(l ) e:>q)a nding strat egic, forma l partnerships 14 15 among universities ?with st rengt h in resea rch, univer- 16 sities that train sub sta ntial numb ers of elementary 17 and secondary school teachers, and the private sec- 18 tor; 19 (2) combining Departm ent eArpe rti se v,~tl1one or 20 more Nat ional Aeronaut ics and Spa ce Adm.inistra - 21 tion Edu cator Resour ce Cente rs; 22 (3) developing program s to permit curr ent and 23 futur e t eachers to participate in ongoing resea rch 24 prQjects at Nat ional Laborat ories and research uni- 25 versities and to adapt lessons learn ed to the class- 26 room; oHR 6 EH AMERICA!\ pVERSIGHT 378 CEQ050 FY18091_000000439 CEQ-18-0173-C-000416 377 1 (4) designing and implementin g cour se work; 2 (5) desig11ing and implementin g a strat egy for 3 measurmg and assessing progress und er the pro - 4 oTam?' and b (6) developing models for transfening 5 knowl- 6 edge gained und er th e pilot pro gTam to other insti - 7 tution s and ar eas of th e country. 8 (c) Ru;POR :r.-Not later than 2 year s after appropria- 9 tion s arc first available for th e program, the Secret ary 10 shall tra nsmit to Congress a report outlining lessons 11 learn ed and containing a plan for? eA1)an ding the program 12 nati onwide. The Secretary n1ay begin implementati on of 13 such plan for m~1>ans ion of the progTam on Octobe1? 1, 14 2008. 'l1he ex7Jansion of the progTam shall be subject to 15 section 913. 16 SEC. 910. AUTHORIZATION OF APPROPRIATIONS. 17 (a) IN GENEHJ\L.-In addition to amount s authorized 18 to be und er appropriated the 21st Cent ury 19 Nanotechnology Research and Development Act (15 20 U .S.C. 7501 ct seq.) and th e Depart ment of En ergy High- 21 End Computin g Revitali zation Act of 2004 (15 U.S.C. 22 554 1 et seq.), th e fol]m,vjugsums are authorized to be ap23 propriated to the Secretary for the purp oses of carr ying 24 out this subtitl e: 25 (1) F or fiscal year 2006, $3,785,000,000 . oHR 6 EH AMERICA!\ pVERSIGHT 379 CEQ050FY18091 _000000439 CEQ-18-0173-C-000417 377 1 (4) designing and implementin g cour se work; 2 (5) desig11ing and implementin g a strat egy for 3 measurmg and assessing progress und er the pro - 4 oTam?' and b (6) developing models for transfening 5 knowl- 6 edge gained und er th e pilot pro gTam to other insti - 7 tution s and ar eas of th e country. 8 (c) Ru;POR :r.-Not later than 2 year s after appropria- 9 tion s arc first available for th e program, the Secret ary 10 shall tra nsmit to Congress a report outlining lessons 11 learn ed and containing a plan for? eA1)an ding the program 12 nati onwide. The Secretary n1ay begin implementati on of 13 such plan for m~1>ans ion of the progTam on Octobe1? 1, 14 2008. 'l1he ex7Jansion of the progTam shall be subject to 15 section 913. 16 SEC. 910. AUTHORIZATION OF APPROPRIATIONS. 17 (a) IN GENEHJ\L.-In addition to amount s authorized 18 to be und er appropriated the 21st Cent ury 19 Nanotechnology Research and Development Act (15 20 U .S.C. 7501 ct seq.) and th e Depart ment of En ergy High- 21 End Computin g Revitali zation Act of 2004 (15 U.S.C. 22 554 1 et seq.), th e fol]m,vjugsums are authorized to be ap23 propriated to the Secretary for the purp oses of carr ying 24 out this subtitl e: 25 (1) F or fiscal year 2006, $3,785,000,000 . oHR 6 EH AMERICA!\ pVERSIGHT 379 CEQ050FY18091 _000000439 CEQ-18-0173-C-000417 378 1 (2) For fiscal year 2007 , $4, 153, 000 ,000. 2 (3) Fo r fiscal year 2008 , $4,628, 000 ,000. 3 (4) For fiscal year 200 9, $5,3 00 ,000 ,000 . 4 (5) For fiscal year 2010 , $5,80 0,000 ,000 . 5 (b) 2006 .ALLOCA'rIONS .- From amount s authori zed 6 und er sub section (a) (l) , the following sums are author ized 7 for fiscal year 2006 : (1) SYSTEMS BIOLO GY.-F or activities und er 8 9 section 902 , $100 ,000 ,000. (2) 10 11 SCIENTIFIC COMPU TING.- For activities und er section 905, $252, 000 ,000. 12 (3) F USJON ENE H,OY SCIENCES.-Fo r activities 13 und er section 906 , excludin g activities und er sub- 14 section (c) of th at section, $3 35,000 ,000. 15 16 (4) SCIIOLARSH TP.-For the scholar smp pro - gram described in section 907 , $800 ,000 . 17 (5) 0Fl <'ICE OP SCIEN'l'IPIC AND 'l'ECHNIC1\L IN- 18 FORlvIA1'ION.- For 19 $7,000 ,000 . activities und er section 908, (6) PILOT PROGRAlVI .- For activities under sec- 20 21 tion 909 , $4, 000 ,000 . 22 (c) 2007 ALLOCJ\TIONS.-From . amounts authori zed 23 und er sub section (a)(2), t he follmving sums a.re autho rized 24 for fiscal year 2007: oHR 6 EH AMERICA!\ pVERSIGHT 380 CEQ050FY18091 _000000439 CEQ-18-0173-C-000418 378 1 (2) For fiscal year 2007 , $4, 153, 000 ,000. 2 (3) Fo r fiscal year 2008 , $4,628, 000 ,000. 3 (4) For fiscal year 200 9, $5,3 00 ,000 ,000 . 4 (5) For fiscal year 2010 , $5,80 0,000 ,000 . 5 (b) 2006 .ALLOCA'rIONS .- From amount s authori zed 6 und er sub section (a) (l) , the following sums are author ized 7 for fiscal year 2006 : (1) SYSTEMS BIOLO GY.-F or activities und er 8 9 section 902 , $100 ,000 ,000. (2) 10 11 SCIENTIFIC COMPU TING.- For activities und er section 905, $252, 000 ,000. 12 (3) F USJON ENE H,OY SCIENCES.-Fo r activities 13 und er section 906 , excludin g activities und er sub- 14 section (c) of th at section, $3 35,000 ,000. 15 16 (4) SCIIOLARSH TP.-For the scholar smp pro - gram described in section 907 , $800 ,000 . 17 (5) 0Fl <'ICE OP SCIEN'l'IPIC AND 'l'ECHNIC1\L IN- 18 FORlvIA1'ION.- For 19 $7,000 ,000 . activities und er section 908, (6) PILOT PROGRAlVI .- For activities under sec- 20 21 tion 909 , $4, 000 ,000 . 22 (c) 2007 ALLOCJ\TIONS.-From . amounts authori zed 23 und er sub section (a)(2), t he follmving sums a.re autho rized 24 for fiscal year 2007: oHR 6 EH AMERICA!\ pVERSIGHT 380 CEQ050FY18091 _000000439 CEQ-18-0173-C-000418 379 1 2 (1) SYSTEMS BlOLOGY.-For section 902, such sum s as may be necessary. 3 4 activiti es und er (2) SCIENTIFIC COMPUT I NG.- For activities und er sectio n 90 5, $270,000,000. 5 (3) F USION ENERGYSCIENCES.- For activities 6 und er section 906 , excludin g activ ities und er sub- 7 section (c) of th at section, $34 9,000 ,000. 8 9 (4) SCI-lOLARSJIIP.-For th e scholar ship pro- gram describ ed in secti on 907, $1,600 ,000. 10 (5) OFFICE OF' SCIENTIFIC AND TECHNICAL IN- 11 F'ORMATION. - F or 12 $7,500 ,000. 13 acti vities lmder sect ion 908 , (6) Pn lYr PROGRAM .-F or activities under sec- 14 tion 909 , $4, 000 ,000. 15 (d) 2008 ALLOCAT 10NS.-}1' rom amounts authorized 16 und er sub section (a)(3), the follo-wing sum s are authorized 17 for fisca l yea r 2008: 18 19 (1) SYSTEMS BIOLOGY .-Fo r act iviti es und er secti on 902, such sum s as may be necess ary. 20 21 (2) SCIENTIFIC COlVIPUT ING.- F or activit ies und er sectio n 905, $350,000,000. 22 (3) F USION ENERGY SCII~NCES.-For activities 23 tmd er section 906 , excluding act ivities und er sub- 24 sectio n (c) of that sectio n , $3 62 ,000 ,000 . oHR 6 EH AMERICA!\ pVERSIGHT 381 CEQ050FY18091 _000000439 CEQ-18-0173-C-000419 379 1 2 (1) SYSTEMS BlOLOGY.-For section 902, such sum s as may be necessary. 3 4 activiti es und er (2) SCIENTIFIC COMPUT I NG.- For activities und er sectio n 90 5, $270,000,000. 5 (3) F USION ENERGYSCIENCES.- For activities 6 und er section 906 , excludin g activ ities und er sub- 7 section (c) of th at section, $34 9,000 ,000. 8 9 (4) SCI-lOLARSJIIP.-For th e scholar ship pro- gram describ ed in secti on 907, $1,600 ,000. 10 (5) OFFICE OF' SCIENTIFIC AND TECHNICAL IN- 11 F'ORMATION. - F or 12 $7,500 ,000. 13 acti vities lmder sect ion 908 , (6) Pn lYr PROGRAM .-F or activities under sec- 14 tion 909 , $4, 000 ,000. 15 (d) 2008 ALLOCAT 10NS.-}1' rom amounts authorized 16 und er sub section (a)(3), the follo-wing sum s are authorized 17 for fisca l yea r 2008: 18 19 (1) SYSTEMS BIOLOGY .-Fo r act iviti es und er secti on 902, such sum s as may be necess ary. 20 21 (2) SCIENTIFIC COlVIPUT ING.- F or activit ies und er sectio n 905, $350,000,000. 22 (3) F USION ENERGY SCII~NCES.-For activities 23 tmd er section 906 , excluding act ivities und er sub- 24 sectio n (c) of that sectio n , $3 62 ,000 ,000 . oHR 6 EH AMERICA!\ pVERSIGHT 381 CEQ050FY18091 _000000439 CEQ-18-0173-C-000419 380 1 2 ( 4) SCI-I0LAHSITIP.-For the scholar ship pro- gran1 described in section 907 , $2,00 0,000. 3 (5) OFFI CE OF SCIENTIFIC Al'\T D TE CHNICAL 4 FORMATION .- For 5 $8,000 ,000. 6 activities (6) Pn JO'!' PR0Gl{JUr.-For m1der section IN- 908, activit ies und er sec- 7 tion 909, $4, 000 ,000. 8 (e) 2009 AIJt,0CATfONS.-Fro m amount s author ized 9 und er subsection (a)(4), the following sums arc authoriz ed 10 for fiscal year 2009: 11 12 (1) SYSTEMS BI0L0GY.- For activities und er section 902 , such sum s as ff1ay be necessary. 13 14 (2) SCIENTH''lC C0MPU'l'ING.-For activities und er section 905, $375,00 0,000. (3) F USTON ENERGYSCJENCES .-For 15 acbvities 16 und er section 906 , excludin g activities und er sub- 17 section (c) of that section, $3 77 ,000 ,000. 18 19 (4) SCII0LARSIIIP.- For th e scholar ship program described in section 907 , $2,000,000. 20 (5) OFFICE Of' SCIENTIFIC A1'\T D TECHNICA L IN- 21 F0HM.A'l'I0 N.-For 22 $8,000 ,000. und er section 908, (6) PILOT PR0GRAM.-For act ivities und er sec- 23 24 activities tion 909, $8, 000 ,000. oHR 6 EH AMERICA!\ pVERSIGHT 382 CEQ050FY18091 _000000439 CEQ-18-0173-C-000420 380 1 2 ( 4) SCI-I0LAHSITIP.-For the scholar ship pro- gran1 described in section 907 , $2,00 0,000. 3 (5) OFFI CE OF SCIENTIFIC Al'\T D TE CHNICAL 4 FORMATION .- For 5 $8,000 ,000. 6 activities (6) Pn JO'!' PR0Gl{JUr.-For m1der section IN- 908, activit ies und er sec- 7 tion 909, $4, 000 ,000. 8 (e) 2009 AIJt,0CATfONS.-Fro m amount s author ized 9 und er subsection (a)(4), the following sums arc authoriz ed 10 for fiscal year 2009: 11 12 (1) SYSTEMS BI0L0GY.- For activities und er section 902 , such sum s as ff1ay be necessary. 13 14 (2) SCIENTH''lC C0MPU'l'ING.-For activities und er section 905, $375,00 0,000. (3) F USTON ENERGYSCJENCES .-For 15 acbvities 16 und er section 906 , excludin g activities und er sub- 17 section (c) of that section, $3 77 ,000 ,000. 18 19 (4) SCII0LARSIIIP.- For th e scholar ship program described in section 907 , $2,000,000. 20 (5) OFFICE Of' SCIENTIFIC A1'\T D TECHNICA L IN- 21 F0HM.A'l'I0 N.-For 22 $8,000 ,000. und er section 908, (6) PILOT PR0GRAM.-For act ivities und er sec- 23 24 activities tion 909, $8, 000 ,000. oHR 6 EH AMERICA!\ pVERSIGHT 382 CEQ050FY18091 _000000439 CEQ-18-0173-C-000420 381 1 (f) 20] 0 AIJrDCA'I'IONS.-F rom arnounts authoriz ed 2 und er sub section (a)(5) , th e following sun1s are authori zed 3 for fisca l year 2010: 4 - For activities (1) SYSTEl\IS BIOLOGY. 5 section 902, such sum s as may be necess ar y. 6 7 (2) 10 (3) F USION ENERGY SCm NCr~s.-For activ iti es under section 906, excludin g acti viti es und er sub sect ion (c) of that sect ion , $393,000,000 . ( 4) SCIIOLA.RSII IP.-F 11 12 acfavities und er section 905 , $40 0,000,00 0. 8 9 Sc m NTIFIC COMPUTTNG.-For und er or the scholar ship pro- gram described in section 907 , $2,00 0,000 . 13 (5) 0FF'I CE Oli' SCll i.:N'l'Il l C AND 'l'EC H NICAl.i IN 11 14 FORl\IJ\'l'lON.-For 15 $8,500,000. 16 act ivities (6) PILCYl'PR.OGl {AM.-For under section 90 8, act ivities un der sec- 17 tion 909 , $8, 000,000. 18 (g) ITER CONSTRUCTION.-From amount s author- 19 izcd und er sub section (a) and in addition to amounts au20 th orized und er sub secti ons (b)(3), (c)(3), (d)(3) , (e)(3), 21 and (f)(3), th ere are authorized to be appropr iated to th e 22 Secretary su ch sum s as may be necess ary for ITER con- 23 st ruction , consiste nt with the limit at ions of section 906 (c) . 24 (h) INTEGRATED BIOEl\TER GY RESEARCH AND DE- 25 VELOPMEN'r .-I n additi on to amount s othcr ..visc auth or- oHR 6 EH AMERICA!\ pVERSIGHT 383 CEQ050FY18091 _000000439 CEQ-18-0173-C-000421 381 1 (f) 20] 0 AIJrDCA'I'IONS.-F rom arnounts authoriz ed 2 und er sub section (a)(5) , th e following sun1s are authori zed 3 for fisca l year 2010: 4 (1) SYSTEl\IS BIOLOGY. - For activities 5 section 902, such sum s as may be necess ar y. 6 7 (2) 10 (3) F USION ENERGY SCm NCr~s.-For activ iti es under section 906, excludin g acti viti es und er sub sect ion (c) of that sect ion , $393,000,000 . ( 4) SCIIOLA.RSII IP.-F 11 12 acfavities und er section 905 , $40 0,000,00 0. 8 9 Sc m NTIFIC COMPUTTNG.-For und er or the scholar ship pro- gram described in section 907 , $2,00 0,000 . 13 (5) 0FF'I CE Oli' SCll i.:N'l'Il l C AND 'l'EC H NICAl.i IN 11 14 FORl\IJ\'l'lON.-For 15 $8,500,000. 16 act ivities (6) PILCYl'PR.OGl {AM.-For under section 90 8, act ivities un der sec- 17 tion 909 , $8, 000,000. 18 (g) ITER CONSTRUCTION.-From amount s author- 19 izcd und er sub section (a) and in addition to amounts au20 th orized und er sub secti ons (b)(3), (c)(3), (d)(3) , (e)(3), 21 and (f)(3), th ere are authorized to be appropr iated to th e 22 Secretary su ch sum s as may be necess ary for ITER con- 23 st ruction , consiste nt with the limit at ions of section 906 (c) . 24 (h) INTEGRATED BIOEl\TER GY RESEARCH AND DE- 25 VELOPMEN'r .-I n additi on to amount s othcr ..visc auth or- oHR 6 EH AMERICA!\ pVERSIGHT 383 CEQ050FY18091 _000000439 CEQ-18-0173-C-000421 382 1 ized by thi s section , th ere ar e authoriz ed t o be appro- 2 priat ed to th e Secretar y for int egrat ed bioener gy research 3 and development pro gram s, proj ect s, and activities, 4 $49 ,000 ,000 for each of th e fiscal year s 2005 through 5 2009. Activities fund ed und e1? thi s sub section shall be co- 6 ordinat ed with ongoing relat ed pro gTams of other F ederal 7 agencies, includin g th e Plant Genom.e Pro gram of th e Na- 8 tional Science Foundation. Of th e fund s authm ?ized und er 9 thi s sub section , at least $5, 000 ,000 for each fiscal year 10 shall be for training and educati on targ eted to minorit y 11 and social disadvantag ed farmers and ran cher s. 12 13 Subtitle B-Research Administratio n and Operations 14 SEC. 9 11. COST SHARING. 15 (a) R ES EARCH AN D DEVELOPMENT.-Ex cept as oth- 16 erwise pr ovided in thj s titl e, for r esear ch and development 17 pro gram s carri ed out und er thi s titl e, th e Secr etar y shall 18 r equir e a commitm ent fr om non -F ederal sour ces of at 19 least 20 percent of th e cost of th e pr oject. 'l"'he Secretar y 20 may reduce or elinuna te the non-F eder al requirement 21 und er this sub section if th e Secretary determin es that th e 22 r esearch and developrnent is of a ba sic or fundam ental na23 tur e. 24 (b) DEl\IONSTRATION AND COlVI:MER CIAL .APPLICA- 25 TION.- E xcept as oth er wise pr ovided in this titl e, th e Sec- oHR 6 EH AMERICA!\ pVERSIGHT 384 CEQ050FY18091 _000000439 CEQ-18-0173-C-000422 382 1 ized by thi s section , th ere ar e authoriz ed t o be appro- 2 priat ed to th e Secretar y for int egrat ed bioener gy research 3 and development pro gram s, proj ect s, and activities, 4 $49 ,000 ,000 for each of th e fiscal year s 2005 through 5 2009. Activities fund ed und e1? thi s sub section shall be co- 6 ordinat ed with ongoing relat ed pro gTams of other F ederal 7 agencies, includin g th e Plant Genom.e Pro gram of th e Na- 8 tional Science Foundation. Of th e fund s authm ?ized und er 9 thi s sub section , at least $5, 000 ,000 for each fiscal year 10 shall be for training and educati on targ eted to minorit y 11 and social disadvantag ed farmers and ran cher s. 12 13 Subtitle B-Research Administratio n and Operations 14 SEC. 9 11. COST SHARING. 15 (a) R ES EARCH AN D DEVELOPMENT.-Ex cept as oth- 16 erwise pr ovided in thj s titl e, for r esear ch and development 17 pro gram s carri ed out und er thi s titl e, th e Secr etar y shall 18 r equir e a commitm ent fr om non -F ederal sour ces of at 19 least 20 percent of th e cost of th e pr oject. 'l"'he Secretar y 20 may reduce or elinuna te the non-F eder al requirement 21 und er this sub section if th e Secretary determin es that th e 22 research and developrnent is of a ba sic or fundam ental na23 tur e. 24 (b) DEl\IONSTRATION AND COlVI:MER CIAL .APPLICA- 25 TION.- E xcept as oth er wise pr ovided in this titl e, th e Sec- oHR 6 EH AMERICA!\ pVERSIGHT 384 CEQ050FY18091 _000000439 CEQ-18-0173-C-000422 383 1 retar y shall r equire at least 50 percent of the costs relat ed 2 to any demon stration or commercial application activities 3 und er this title to be provided from non -F ederal source s. 4 '"l1beSecretary may reduc e th e non -F edera l requir ement 5 und er thi s sub section if the Secretary determin es that the 6 reduction is necessary and appropriate considerin g the 7 teclmo]ogica.1 ri sks involved in th e prQject and is necessary 8 to meet th e objectives of thi s titl e. 9 (c) CALCULA' l'ION OF .lUIOUN1'.- ln calculat ing th e 10 amount of th e non-F edera l commitm ent und er subsection 11 (a) or (b), th e Secreta ry may include persom1el, services, 12 equipment , and other r esources . 13 (d) Sum OF' NON-FEDEBAL SHARE.-,-l1he Secretary 14 may consider the amom1t of the non-F ederal shar e in se- 15 lecting proj ects und er this titl e. 16 SE C. 912. REPROGRAMMING. 17 (a) DI S'l'RlB U'l'ION REPORT.- Not later than 60 days 18 aft er th e date of enactment of an Act appropriat ing 19 amount s authorized 1.mder this tit le, tl1e Secretary shall 20 transmit to Congress a report e.:q, laining how such 21 amount s vvill be distr ibut ed an10ng th e acti,~ti.es author 22 ized by thi s title. 23 (b) REPROGRAM i\U NG LE'l'TER.-No ;;u11ount author- 24 ized by this tit le shall be obligated or expended for a pur 25 pose inconsistent with the appropriations Act appro- oHR 6 EH AMERICA!\ pVERSIGHT 385 CEQ050 FY18091_000000439 CEQ-18-0173-C-000423 383 1 retar y shall r equire at least 50 percent of the costs relat ed 2 to any demon stration or commercial application activities 3 und er this title to be provided from non -F ederal source s. 4 '"l1beSecretary may reduc e th e non -F edera l requir ement 5 und er thi s sub section if the Secretary determin es that the 6 reduction is necessary and appropriate considerin g the 7 teclmo]ogica.1 ri sks involved in th e prQject and is necessary 8 to meet th e objectives of thi s titl e. 9 (c) CALCULA' l'ION OF .lUIOUN1'.- ln calculat ing th e 10 amount of th e non-F edera l commitm ent und er subsection 11 (a) or (b), th e Secreta ry may include persom1el, services, 12 equipment , and other r esources . 13 (d) Sum OF' NON-FEDEBAL SHARE.-,-l1he Secretary 14 may consider the amom1t of the non-F ederal shar e in se- 15 lecting proj ects und er this titl e. 16 SE C. 912. REPROGRAMMING. 17 (a) DI S'l'RlB U'l'ION REPORT.- Not later than 60 days 18 aft er th e date of enactment of an Act appropriat ing 19 amount s authorized 1.mder this tit le, tl1e Secretary shall 20 transmit to Congress a report e.:q, laining how such 21 amount s vvill be distr ibut ed an10ng th e acti,~ti.es author 22 ized by thi s title. 23 (b) REPROGRAM i\U NG LE'l'TER.-No ;;u11ount author- 24 ized by this tit le shall be obligated or expended for a pur 25 pose inconsistent with the appropriations Act appro- oHR 6 EH AMERICA!\ pVERSIGHT 385 CEQ050 FY18091_000000439 CEQ-18-0173-C-000423 384 1 priatin g such amount, th e report accompanying su ch ap- 2 propri ations Act , or a distribution report tra nsmitt ed 3 und er subsection (a) if such obligat ion or expenditur e 4 would change an individual amount , as repr esented in 5 such an Act, report , or distribution report , by more than 6 2 percent or $2,000,000, whichever is smaller, unless the 7 Secretary has transmitted to Congress a lett er of eA7Jla8 nation and a period of 30 days ha s elapsed aft er CongTess 9 receives th e lett er . 10 (c) COMPUTATION.- The computation of the 30-day 11 pe1?iod described in subsection (b) shall excl'ude any day 12 on which eith er Hou se of Congress is not jn session be13 cause of an adjournment of more than 3 days to a day 14 certain. 15 SEC. 913. MERIT-BASED COMPETITION. 16 (a) COMPE'l'l'l' IVE lV[m-tl'l' REVlE\V.-Award ees of 17 funds authori zed und er this title shall b e selected through 18 open competitions. Funds shall be competitively awa1?ded 19 only after an impartial review of the scientifi c and tech- 20 nical merit of the proposa ls for such awards ha s been car21 ried out by or for th e Depa rtment on the basis of crit eria 22 outlined by the Secreta ry in the solicita t ion of proposals. 23 (b) COMPETITION.-Cornpetitive awards und er th is 24 titl e shall involve competitions open to all qualified ent ities 25 within one or more of th e follovving categories: oHR 6 EH AMERICA!\ pVERSIGHT 386 CEQ050FY18091 _000000439 CEQ-18-0173-C-000424 384 1 priatin g such amount, th e report accompanying su ch ap- 2 propri ations Act , or a distribution report tra nsmitt ed 3 und er subsection (a) if such obligat ion or expenditur e 4 would change an individual amount , as repr esented in 5 such an Act, report , or distribution report , by more than 6 2 percent or $2,000,000, whichever is smaller, unless the 7 Secretary has transmitted to Congress a lett er of eA7Jla8 nation and a period of 30 days ha s elapsed aft er CongTess 9 receives th e lett er . 10 (c) COMPUTATION.- The computation of the 30-day 11 pe1?iod described in subsection (b) shall excl'ude any day 12 on which eith er Hou se of Congress is not jn session be13 cause of an adjournment of more than 3 days to a day 14 certain. 15 SEC. 913. MERIT-BASED COMPETITION. 16 (a) COMPE'l'l'l' IVE lV[m-tl'l' REVlE\V.-Award ees of 17 funds authori zed und er this title shall b e selected through 18 open competitions. Funds shall be competitively awa1?ded 19 only after an impartial review of the scientifi c and tech- 20 nical merit of the proposa ls for such awards ha s been car21 ried out by or for th e Depa rtment on the basis of crit eria 22 outlined by the Secreta ry in the solicita t ion of proposals. 23 (b) COMPETITION.-Cornpetitive awards und er th is 24 titl e shall involve competitions open to all qualified ent ities 25 within one or more of th e follovving categories: oHR 6 EH AMERICA!\ pVERSIGHT 386 CEQ050FY18091 _000000439 CEQ-18-0173-C-000424 385 1 (1) In stitubon s of highe r educat ion. 2 (2) National Laboratori es. 3 (3) Nonprofit and for-profit private entiti es. 4 (4) State and local governm ent s. 5 ( 5) Consortia of entities described m para- 6 graph s (1) th_rough (4). 7 (c) CONGRESSIONA i, NO'l'IFICATJON.-rfhe Secretary 8 shall notify Congress ,;i.rithin30 days aft er awarding more 9 than $500,000 through a competition described in sub10 section (b) that is limited to 1 of the categories described 11 in paragrap hs (1) throu gh (4) of subsection (b). 12 (d) \iVAIVBRS .-The Secretary may waive th e requir e- 13 ment under subsection (a) requirin g competition if the 14 Secretary considers it necessary to more quickly advance 15 research, development , demonstration, or c01n mercial ap16 plication activities. The Secretar y shall notify Congress 17 within 30 days when a waiver is gTanted und er t his sub18 section. The Secretar y may not delegate the v1 raiver au19 thor ity und er thi s subsection for awards over $500,000 . 20 SEC. 914. EXTERNAL TECHNICAL REVIEW OF DEPART- 21 22 MENTAL PROGRAMS. (a) NA TIONAI, A PPI,IED E NE:RGY RE SEARCH AND 23 DE VEJ,OPMEN'l' ADVISOHY COi\IlVIITTEE S.- 24 (1) IN GENERAL.- The Secretary shall establish 25 one or more advisory committees to review and ad- oHR 6 EH AMERICA!\ pVERSIGHT 387 CEQ050 FY18091_000000439 CEQ-18-0173-C-000425 385 1 (1) In stitubon s of highe r educat ion. 2 (2) National Laboratori es. 3 (3) Nonprofit and for-profit private entiti es. 4 (4) State and local governm ent s. 5 ( 5) Consortia of entities described m para- 6 graph s (1) th_rough (4). 7 i, NO'l'IFICATJON.-rfhe Secretary (c) CONGRESSIONA 8 shall notify Congress ,;i.rithin30 days aft er awarding more 9 than $500,000 through a competition described in sub10 section (b) that is limited to 1 of the categories described 11 in paragrap hs (1) throu gh (4) of subsection (b). 12 (d) \iVAIVBRS .-The Secretary may waive th e requir e- 13 ment under subsection (a) requirin g competition if the 14 Secretary considers it necessary to more quickly advance 15 research, development , demonstration, or c01n mercial ap16 plication activities. The Secretar y shall notify Congress 17 within 30 days when a waiver is gTanted und er t his sub18 section. The Secretar y may not delegate the v1 raiver au19 thor ity und er thi s subsection for awards over $500,000 . 20 SEC. 914. EXTERNAL TECHNICAL REVIEW OF DEPART- 21 22 MENTAL PROGRAMS. (a) NA TIONAI, A PPI,IED E NE:RGY RE SEARCH AND 23 DE VEJ,OPMEN'l' ADVISOHY COi\IlVIITTEE S.- 24 (1) IN GENERAL.- The Secretary shall establish 25 one or more advisory committees to review and ad- oHR 6 EH AMERICA!\ pVERSIGHT 387 CEQ050 FY18091_000000439 CEQ-18-0173-C-000425 386 1 v1se the Departm ent 's applied pro grams in th e fol- 2 lm~ring areas : 3 (A) En ergy efficiency. 4 (B) Renewable energy. 5 (C) Nuclear energy. 6 (D) Fossil energy. 7 (2) EXIST ING ADVISORY COl\lMIT'l'BBS.-The 8 Secretary n:iay desig11ate an existing advisory com- 9 mitt ee ?within the Departm ent to fulfill the respon- 10 sibilities of an advisory committee und er this sub- 11 section . 12 (b) OFl .,1CB OP' ScmNCB A DVISORY C0l\ti\ II'l"l'E~S .- 13 ( 1) USE OF EXJSTING COlVIiWI'l"l'EES .-E xce pt as 14 otherwise provided wider the Fed eral Advisory Com- 15 mitt ee Act, the Secretary shalJ continue to u se the 16 scientific pro gra m ad,risory committees chart ered 17 un der the Fede ral Advisory Cornnutt ee Act (5 18 U .S.C. App .) by the Office of Science to oversee re- 19 sea1?ch and development progra ms und er that Office. 20 (2) REP0RT.- Before the Departm ent issu es 21 any new guidan ce regard ing the membership for Of- 22 fice of Science scientific pr ogram advisory cominit - 23 tees, the Secreta ry sha ll transm it a r eport to the 24 Congr ess outlining th e reasons for the proposed 25 chan ges, and 60 days must ha ve elapsed after tra ns- oHR 6 EH AMERICA!\ pVERSIGHT 388 CEQ050FY18091 _000000439 CEQ-18-0173-C-000426 386 1 v1se the Departm ent 's applied pro grams in th e fol- 2 lm~ring areas : 3 (A) En ergy efficiency. 4 (B) Renewable energy. 5 (C) Nuclear energy. 6 (D) Fossil energy. 7 (2) EXIST ING ADVISORY COl\lMIT'l'BBS.-The 8 Secretary n:iay desig11ate an existing advisory com- 9 mitt ee ?within the Departm ent to fulfill the respon- 10 sibilities of an advisory committee und er this sub- 11 section . 12 (b) OFl .,1CB OP' ScmNCB A DVISORY C0l\ti\ II'l"l'E~S .- 13 ( 1) USE OF EXJSTING COlVIiWI'l"l'EES .-E xce pt as 14 otherwise provided wider the Fed eral Advisory Com- 15 mitt ee Act, the Secretary shalJ continue to u se the 16 scientific pro gra m ad,risory committees chart ered 17 un der the Fede ral Advisory Cornnutt ee Act (5 18 U .S.C. App .) by the Office of Science to oversee re- 19 sea1?ch and development progra ms und er that Office. 20 (2) REP0RT.- Before the Departm ent issu es 21 any new guidan ce regard ing the membership for Of- 22 fice of Science scientific pr ogram advisory cominit - 23 tees, the Secreta ry shall transm it a r eport to the 24 Congr ess outlining th e reasons for the proposed 25 chan ges, and 60 days must ha ve elapsed after tra ns- oHR 6 EH AMERICA!\ pVERSIGHT 388 CEQ050FY18091 _000000439 CEQ-18-0173-C-000426 387 1 rnittal of th e report before th e Departm ent may irn- 2 plement those chan ges. 3 (3) SCIENCE ADVISORY COl\11\UTTEE .- 4 (A) E STAB LISII l\IE NT .- There shall be a 5 Science Advisory Co1runittee for the Office of 6 Science that includes the chair s of each of the 7 advisory committ ees described in para graph (1). 8 (B) RESP0NSIBILI'l'IES.-rfh e Science Ad- 9 visory Comrn.itt ee shall(i) advise t he Dir ector of t he Office of 10 11 Science on scien ce issues; 12 (ii) advise th e Director of th e Office 13 of Science with respect to the well-being 14 and rnanagement of th e National Labora- 15 tori.es and Depar tm ent research facilities; 16 (iii) advise the Dir ector of the Office 17 of Science with respect to education and 18 workforce training activities required for 19 effective short-t erm and long-term ba sic 20 and applied researc h activities of the Office 21 of Science; and 22 (iv) advise th e Director of th e Office 23 of Science V\~threspect to the well-being of 24 the university 1?csear ch programs support ed 25 by the Office of' Science. oHR 6 EH AMERICA!\ pVERSIGHT 389 CEQ050FY18091 _000000439 CEQ-18-0173-C-000427 387 1 rnittal of th e report before th e Departm ent may irn- 2 plement those chan ges. 3 (3) SCIENCE ADVISORY COl\11\UTTEE .- 4 (A) E STAB LISII l\IE NT .- There shall be a 5 Science Advisory Co1runittee for the Office of 6 Science that includes the chair s of each of the 7 advisory committ ees described in para graph (1). 8 (B) RESP0NSIBILI'l'IES.-rfh e Science Ad- 9 visory Comrn.itt ee shall(i) advise t he Dir ector of t he Office of 10 11 Science on scien ce issues; 12 (ii) advise th e Director of th e Office 13 of Science with respect to the well-being 14 and rnanagement of th e National Labora- 15 tori.es and Depar tm ent research facilities; 16 (iii) advise the Dir ector of the Office 17 of Science with respect to education and 18 workforce training activities required for 19 effective short-t erm and long-term ba sic 20 and applied researc h activities of the Office 21 of Science; and 22 (iv) advise th e Director of th e Office 23 of Science V\~threspect to the well-being of 24 the university 1?csear ch programs support ed 25 by the Office of' Science. oHR 6 EH AMERICA!\ pVERSIGHT 389 CEQ050FY18091 _000000439 CEQ-18-0173-C-000427 388 1 (c) 1Y lEiVJBERSIIIP.-Ea ch member of an advisory 2 committ ee appoint ed un der th is section sha1l have sig11ifi3 cant scientific, technical, 0 1? other appropr iate eA11e rtise. 4 ~rh e membership of each corrunittee shall repr esent a wide 5 range of experti se, including , to the extent practicab le, 6 members with eA 1)erti se from out side th e disciplines cov- 7 ered by th e program, and a diverse set of inte 1~ests. 8 (d) lVIEE'l'TNGS AN D PUHPOSES.-Ea ch a(hrisory com- 9 mitt ee und er thi s section shall meet at least semiannuall y 10 to revievi' and advise on th e progr ess made by th e respec11 tive resear ch, development, demonstration , and commer- 12 cial app licat ion pr ogram or program s. The advisory com13 rnittee shall also review th e measurabl e cost and perform14 ance-based goals for the applied programs, and th e 15 progress on meetin g such goals. 16 .- Not later than 6 (e) REVIEW AND ASSESSj\lENT 17 months after th e date of enact ment of thi s Act, th e Sec18 retary shall ent er int o ar ran gements with the Nat ional 19 Academy of Sciences to conduct reviews and assessment s 20 of the program s authorized by thi s title , the measurabl e 21 cost and performan ce-based goals for th e applied pro22 grams, and th e progress in meeting such goals. Such re- 23 views and assessments shall be completed and repor ts con24 taining the results of all such reviews and assessments oHR 6 EH AMERICA!\ pVERSIGHT 390 CEQ050FY18091 _000000439 CEQ-18-0173-C-000428 388 1 (c) 1Y lEiVJBERSIIIP.-Ea ch member of an advisory 2 committ ee appoint ed un der th is section sha1l have sig11ifi3 cant scientific, technical, 0 1? other appropr iate eA11e rtise. 4 ~rh e membership of each corrunittee shall repr esent a wide 5 range of experti se, including , to the extent practicab le, 6 members with eA 1)erti se from out side th e disciplines cov- 7 ered by th e program, and a diverse set of inte 1~ests. 8 (d) lVIEE'l'TNGS AN D PUHPOSES.-Ea ch a(hrisory com- 9 mitt ee und er thi s section shall meet at least semiannuall y 10 to revievi' and advise on th e progr ess made by th e respec11 tive resear ch, development, demonstration , and commer- 12 cial app licat ion pr ogram or program s. The advisory com13 rnittee shall also review th e measurabl e cost and perform14 ance-based goals for the applied programs, and th e 15 progress on meetin g such goals. 16 .- Not later than 6 (e) REVIEW AND ASSESSj\lENT 17 months after th e date of enact ment of thi s Act, th e Sec18 retary shall ent er int o ar ran gements with the Nat ional 19 Academy of Sciences to conduct reviews and assessment s 20 of the program s authorized by thi s title , the measurabl e 21 cost and performan ce-based goals for th e applied pro22 grams, and th e progress in meeting such goals. Su ch re- 23 views and assessments shall be completed and repor ts con24 taining the results of all such reviews and assessments oHR 6 EH AMERICA!\ pVERSIGHT 390 CEQ050FY18091 _000000439 CEQ-18-0173-C-000428 389 1 tran smitt ed to t he Congr ess not later than 2 years after 2 the dat e of enactment of thi s Act . 3 SEC. 915. COMPETITIVE AWARD OF MANAGEMENT CON4 5 TRACTS. None of the fi1nds authorized to be appropriated to 6 the Secreta ry by thi s titl e may be u sed to award a manage7 ment and operating contract for a Na tional Labora tory 8 (excluding those nam ed in subparagraphs (G), (H ), (N), 9 (0) of section 900(b)(6)), unless such contra ct is cornpeti10 tively awarded, or the Secretary grant s, on a case-by-case 11 basis, a ?waiver . 'l1he Secretary may not delegate the au12 th ority to grant such a waiver and sh all submit to the Con- 13 gTess a report notifying it of the waiver, and settin g forth 14 th e reasons for the waiver , at least 60 days prior t o the 15 dat e of the award of such contra ct. 16 SEC. 916. NATIONAL LABORATORY DESIGNATION. 17 After the dat e of enactment of this Act the Secreta ry 18 shall not designate a facility that is not refer red to in sec19 tion 900(b)(6) as a Na tional Lab oratory. 20 SEC. 917. REPORT ON EQUAL EMPLOYMENT OPPORTUNITY 21 22 PRACTICES. Not lat er than 12 months aft er the date of enactm ent 23 of th is Act, and biennially thereafter, the Secretary shall 24 transmit to Congress a 1?cport on the equal employment oHR 6 EH AMERICA!\ pVERSIGHT 391 CEQ050FY18091 _000000439 CEQ-18-0173-C-000429 389 1 tran smitt ed to t he Congr ess not later than 2 years after 2 the dat e of enactment of thi s Act . 3 SEC. 915. COMPETITIVE AWARD OF MANAGEMENT CON4 5 TRACTS. None of the fi1nds authorized to be appropriated to 6 the Secreta ry by thi s titl e may be used to award a manage7 ment and operating contract for a Na tional Labora tory 8 (excluding those nam ed in subparagraphs (G), (H ), (N), 9 (0) of section 900(b)(6)), unless such contra ct is cornpeti10 tively awarded, or the Secretary grant s, on a case-by-case 11 basis, a ?waiver . 'l1he Secretary may not delegate the au12 th ority to grant such a waiver and sh all submit to the Con- 13 gTess a report notifying it of the waiver, and settin g forth 14 th e reasons for the waiver , at least 60 days prior t o the 15 dat e of the award of such contra ct. 16 SEC. 916. NATIONAL LABORATORY DESIGNATION. 17 After the dat e of enactment of this Act the Secreta ry 18 shall not designate a facility that is not refer red to in sec19 tion 900(b)(6) as a Na tional Lab oratory. 20 SEC. 917. REPORT ON EQUAL EMPLOYMENT OPPORTUNITY 21 22 PRACTICES. Not lat er than 12 months aft er the date of enactm ent 23 of th is Act, and biennially thereafter, the Secretary shall 24 transmit to Congress a 1?cport on the equal employment oHR 6 EH AMERICA!\ pVERSIGHT 391 CEQ050FY18091 _000000439 CEQ-18-0173-C-000429 390 1 opportunit y pra ctices at Nationa l Laboratori es. Such re- 2 port shall include3 (1) a thor ough review of each laborator y con- 4 tra ctor 's equal employment opportunit y policies, in- 5 eluding promotion to manag ement and professional 6 position s and pay ra ises; 7 8 (2) a stati stical report on complaint s and their disposition in th e laboratori es; 9 (3) a description of how equal employment op- 10 portunit y pra ctices at th e labora tories ar c tr eat ed in 11 th e contra ct and in calculatin g award fees for each 12 contr actor ; 13 (4) a summary of disciplinary actions and th eir 14 disposition by eith er th e Departm ent or th e relevant 15 contractor s for each laboratory; 16 17 (5) a summar y of outr each effort s t o attra ct women and 1ninoriti cs to th e labora t ories; (6) a smurnar y of effort s t o retain women and 18 19 minoriti es in t he laboratori es; and 20 (7) a sun1mary of collaboration effort s "'rith th e 21 Office of F ederal Contra ct Compliance Pro gram.s to 22 improve equal employment opportunit y pr actices at 23 the laborat ories. oHR 6 EH AMERICA!\ pVERSIGHT 392 CEQ050 FY18091_000000439 CEQ-18-0173-C-000430 390 1 opportunit y pra ctices at Nationa l Laboratori es. Such re- 2 port shall include3 (1) a thor ough review of each laborator y con- 4 tra ctor 's equal employment opportunit y policies, in- 5 eluding promotion to manag ement and professional 6 position s and pay ra ises; 7 8 (2) a stati stical report on complaint s and their disposition in th e laboratori es; 9 (3) a description of how equal employment op- 10 portunit y pra ctices at th e labora tories ar c tr eat ed in 11 th e contra ct and in calculatin g award fees for each 12 contr actor ; 13 (4) a summary of disciplinary actions and th eir 14 disposition by eith er th e Departm ent or th e relevant 15 contractor s for each laboratory; 16 17 (5) a summar y of outr each effort s t o attra ct women and 1ninoriti cs to th e labora t ories; (6) a smurnar y of effort s t o retain women and 18 19 minoriti es in t he laboratori es; and 20 (7) a sun1mary of collaboration effort s "'rith th e 21 Office of F ederal Contra ct Compliance Pro gram.s to 22 improve equal employment opportunit y pr actices at 23 the laborat ories. oHR 6 EH AMERICA!\ pVERSIGHT 392 CEQ050 FY18091_000000439 CEQ-18-0173-C-000430 391 1 SEC. 918. USER FACILITY BEST PRACTICES PLAN. 2 The Secretary shall not allow any D epartm ent facihty 3 to begin fun ctionin g as a u ser facility after the date of 4 enactm ent of this Act unti J th e Secretary, for that 5 facility- 6 7 (1) develops a plan to ensur e that the facility ?will- 8 (A) have a skilled staff to support a wide 9 rm \O'e of user s?' 0 10 (B) have a fair method for allocating tim e 11 to users that pro vides for input from faci lity 12 manag ement , user representatives, 13 expert s; and 14 and outside (C) be oper ated in a safe and fiscally pru - 15 dent mann er ; and 16 (2) tran smit s such plan to Congr ess and 60 17 days ha ve elap sed. 18 SEC. 919. SUPPORT FOR SCIENCE AND ENER GY INFRA - 19 20 STRUCTURE AND FACILITIES . (a) STRATEGY.- The Secreta ry shall develop and im- 21 plement a stra tegy for infra stru ctur e and facilities sup 22 ported pr imarily from the Office of Science and the ap 23 plied progTams at each Nat ional Labor ato ry and Depa rt24 ment research facility. Such strategy shall provide cost 25 effect ive means for- oHR 6 EH AMERICA!\ pVERSIGHT 393 CEQ050 FY18091_000000439 CEQ-18-0173-C-000431 391 1 SEC. 918. USER FACILITY BEST PRACTICES PLAN. 2 The Secretary shall not allow any D epartm ent facihty 3 to begin fun ctionin g as a u ser facility after the date of 4 enactm ent of this Act unti J th e Secretary, for that 5 facility- 6 7 (1) develops a plan to ensur e that the facility ?will- 8 (A) have a skilled staff to support a wide 9 rm \O'e of user s?' 0 10 (B) have a fair method for allocating tim e 11 to users that pro vides for input from facility 12 manag ement , user representatives, 13 expert s; and 14 and outside (C) be oper ated in a safe and fiscally pru - 15 dent mann er ; and 16 (2) tran smit s such plan to Congr ess and 60 17 days ha ve elap sed. 18 SEC. 919. SUPPORT FOR SCIENCE AND ENER GY INFRA - 19 20 STRUCTURE AND FACILITIES . (a) STRATEGY.- The Secreta ry shall develop and im- 21 plement a stra tegy for infra stru ctur e and facilities sup 22 ported pr imarily from the Office of Science and the ap 23 plied progTams at each Nat ional Labor ato ry and Depa rt24 ment research facility. Such strategy shall provide cost 25 effect ive means for- oHR 6 EH AMERICA!\ pVERSIGHT 393 CEQ050 FY18091_000000439 CEQ-18-0173-C-000431 392 1 2 (1) maintainin g existin g facilities and infrastru ctur e, as needed; 3 (2) closing um1eeded fa cilit ies; 4 (3) makin g fa cility modification s; and 5 (4) building new fa cilities. 6 (b) REPOR'l'.- 7 (1) REQUIREMENrr_-rrh e Secretar y shall pr e- 8 par e and tran smit to th e Congress not lat er than 9 Jun e 1, 2007 , a report summarizing th e str ategics 10 developed under subsection (a). 11 (2) CON'l'EN'l'S.- F or each National Labora tory 12 and Departnl ent resear ch facility, for th e fa cilities 13 primaril y used for science and energy resear ch, such 14 report shall contain- 15 (A) th e curr ent priorit y list of proposed fa- 16 cilities and infra stru ctur e proj ect s, including 17 cost and schedule requir ement s; 18 (B) a curr ent 10-year plan tha t dem- 19 onst rat es th e reconfigurati on of its facilities and 20 infra stru cture to meet its missions and to ad- 21 dress it s long-term oper ational costs and return 22 on investm ent ; 23 (C) th e total Ctffrent budget for all facili- 24 tics and infra stru ctur e fundin g; and oHR 6 EH AMERICA!\ pVERSIGHT 394 CEQ050FY18091 _000000439 CEQ-18-0173-C-000432 392 1 2 (1) maintainin g existin g facilities and infrastru ctur e, as needed; 3 (2) closing um1eeded fa cilit ies; 4 (3) makin g fa cility modification s; and 5 (4) building new fa cilities. 6 (b) REPOR'l'.- 7 (1) REQUIREMENrr_-rrh e Secretar y shall pr e- 8 par e and tran smit to th e Congress not lat er than 9 Jun e 1, 2007 , a report summarizing th e str ategics 10 developed under subsection (a). 11 (2) CON'l'EN'l'S.- F or each National Labora tory 12 and Departnl ent resear ch facility, for th e fa cilities 13 primaril y used for science and energy resear ch, such 14 report shall contain- 15 (A) th e curr ent priorit y list of proposed fa- 16 cilities and infra stru ctur e proj ect s, including 17 cost and schedule requir ement s; 18 (B) a curr ent 10-year plan tha t dem- 19 onst rat es th e reconfigurati on of its facilities and 20 infra stru cture to meet its missions and to ad- 21 dress it s long-term oper ational costs and return 22 on investm ent ; 23 (C) th e total Ctffrent budget for all facili- 24 tics and infra stru ctur e fundin g; and oHR 6 EH AMERICA!\ pVERSIGHT 394 CEQ050FY18091 _000000439 CEQ-18-0173-C-000432 393 1 (D) th e curr ent statu s of each facility and 2 infra stru ctur e proj ect compar ed to the original 3 ba seline cost , schedul e, m1d scope. 4 SEC. 920. COORDINATION PLAN. 5 (a) I N GENERAL.- The Secretar y shall develop a co- 6 ordination plan to improve coordination and collaboration 7 in resear ch, development , demonstration, and commercial 8 application activities across Departrn ent organizational 9 boundari es. 10 (b) PLA 1'\/ C0 NTENTS.- The plan shall describe- 11 (1) how th e Secretary will ensur e that th e ap- 12 plied program s ar e coordinatin g th eir activities, in- 13 cluding a descript ion of specific resear ch questions 14 that cross organ izationa l boundari es and of how the 15 relevant applied program s ar e coordinating th eir ef- 16 fort s to an swer those question s, and how such cross- 17 cutting research question s vviJl be identifi ed in th e 18 futur e; 19 (2) how th e Secretar y will ensur e that research 20 that ha s been support ed by th e Office of Science is 21 being or will b e used by th e applied progTams, in- 22 cluding a description of specific Office of Science- 23 support ed resear ch that 1s relevant to t he applied 24 programs and of how th e applied program s have 25 used or will use that resear ch ; and oHR 6 EH AMERICA!\ pVERSIGHT 395 CEQ050 FY18091_000000439 CEQ-18-0173-C-000433 393 1 (D) th e curr ent statu s of each facility and 2 infra stru ctur e proj ect compar ed to the original 3 ba seline cost , schedul e, m1d scope. 4 SEC. 920. COORDINATION PLAN. 5 (a) I N GENERAL.- The Secretar y shall develop a co- 6 ordination plan to improve coordination and collaboration 7 in resear ch, development , demonstration, and commercial 8 application activities across Departrn ent organizational 9 boundari es. 10 (b) PLA 1'\/ C0 NTENTS.- The plan shall describe- 11 (1) how th e Secretary will ensur e that th e ap- 12 plied program s ar e coordinatin g th eir activities, in- 13 cluding a descript ion of specific resear ch questions 14 that cross organ izationa l boundari es and of how the 15 relevant applied program s ar e coordinating th eir ef- 16 fort s to an swer those question s, and how such cross- 17 cutting research question s vviJl be identifi ed in th e 18 futur e; 19 (2) how th e Secretar y will ensur e that research 20 that ha s been support ed by th e Office of Science is 21 being or will b e used by th e applied progTams, in - 22 cluding a description of specific Office of Science- 23 support ed resear ch that 1s relevant to t he applied 24 programs and of how th e applied program s have 25 used or will use that resear ch ; and oHR 6 EH AMERICA!\ pVERSIGHT 395 CEQ050 FY18091_000000439 CEQ-18-0173-C-000433 394 1 (3) a description of how th e Secretary will en- 2 sur e that 3 Science includ es research quest ions of concern to th e 4 applied program s, including a description of specific 5 r esearch questions that th e Office of Science will ad- 6 dr ess to ass ist the applied programs. 7 (c) PJ JAN th e resea rch agenda of th e Office of rrl{J\NSl\1J'l'TAL.-rri 1e Secretary sha ll tran s- 8 mit th e coordination plan to Congr ess not later than 9 9 month s aft er th e dat e of enactment of this Act, and every 10 2 yea rs thereafter shall tran smit a revised co01?dination 11 plan. 12 (d) C0NFI~RENUE.-Not less than 6 months after th e 13 dat e of ena ctm ent of thi s Act, th e Secretary shall convene 14 a confer ence of pro gram mana ger s from the Office of 15 Science and th e app1ie d pro gram s to review ideas and ex16 plor e possibilit ies for effective cross -progTam collaboration. 17 Th e Secretary also shall invite par ticipation r elevant F ed18 eral agenc ies and other program s in th e F ederal Govcrn- 19 rncnt condu ctin g relevant resea r ch, and other stak eholders 20 as appropriat e. 21 SEC. 921. AVAILABILITY OF FUNDS. 22 Funds appropriated to the Secretar y for act ivities au- 23 thoriz ed und er th is title shall remain available for thr ee 24 yea r s. Funds that arc not obligated at th e end of three 25 yea r s shall be rct m?ncd to the rrr eas ury. oHR 6 EH AMERICA!\ pVERSIGHT 396 CEQ050FY18091 _000000439 CEQ-18-0173-C-000434 394 1 (3) a description of how th e Secretary will en- 2 sur e that 3 Science includ es research quest ions of concern to th e 4 applied program s, including a description of specific 5 r esearch questions that th e Office of Science will ad- 6 dr ess to ass ist the applied programs. 7 (c) PJ JAN th e resea rch agenda of th e Office of rrl{J\NSl\1J'l'TAL.-rri 1e Secretary sha ll tran s- 8 mit th e coordination plan to Congr ess not later than 9 9 month s aft er th e dat e of enactment of this Act, and every 10 2 yea rs thereafter shall tran smit a revised co01?dination 11 plan. 12 (d) C0NFI~RENUE.-Not less than 6 months after th e 13 dat e of ena ctm ent of thi s Act, th e Secretary shall convene 14 a confer ence of pro gram mana ger s from the Office of 15 Science and th e app1ie d pro gram s to review ideas and ex16 plor e possibilit ies for effective cross -progTam collaboration. 17 Th e Secretary also shall invite par ticipation r elevant F ed18 eral agenc ies and other program s in th e F ederal Govcrn- 19 rncnt condu ctin g relevant resea r ch, and other stak eholders 20 as appropriat e. 21 SEC. 921. AVAILABILITY OF FUNDS. 22 Funds appropriated to the Secretar y for act ivities au- 23 thoriz ed und er th is title shall remain available for thr ee 24 yea r s. Funds that arc not obligated at th e end of three 25 yea r s shall be rct m?ncd to the rrr eas ury. oHR 6 EH AMERICA!\ pVERSIGHT 396 CEQ050FY18091 _000000439 CEQ-18-0173-C-000434 395 1 2 Subtitle C-Energy CHAPTER I-VEHICLES, Efficiency BUILDINGS, AND INDUSTRIES 3 4 SEC. 922. PROGRAMS. 5 (a) IN GENERAL.-rrh e Secretary shall conduct pro - 6 gTams of energy efficiency research, development, clem7 onstrat ion, and commercial application , including activi- 8 tics described in this chapt er . Snch programs shall be fo9 cuscd on the followin g objectives: 10 11 (1) In creasing th e energy efficiency of vehicles, buildings, and indu strial processes. 12 13 (2) Reducing th e Na tion 's demand for energy, especially energy from foreign sour ces. 14 15 (3) Reducing the cost of energy and makin g the economy more efficient and competitive. 16 (4) Improving the Na tion' s energy secur ity. 17 (5) Reducing the environmental impact of cn- 18 ergy-relat ed act ivities. 19 (b) GO AL S.- 20 (1) l NITW , GOALS.-ln accordan ce with th e 21 performance plan and report requ irements in section 22 4 of the Government P erforman ce Result s Act of 23 1993, the Secretar y shall t ran smit to th e Congress, 24 along with the President 's annual budget request for 25 fiscal year 2007, a report containin g out come measoHR 6 EH AMERICA!\ pVERSIGHT 397 CEQ050FY18091 _000000439 CEQ-18-0173-C-000435 395 1 2 Subtitle C-Energy CHAPTER I-VEHICLES, Efficiency BUILDINGS, AND INDUSTRIES 3 4 SEC. 922. PROGRAMS. 5 (a) IN GENERAL.-rrh e Secretary shall conduct pro - 6 gTams of energy efficiency research, development, clem7 onstrat ion, and commercial application , including activi- 8 tics described in this chapt er . Snch programs shall be fo9 cuscd on the followin g objectives: 10 11 (1) In creasing th e energy efficiency of vehicles, buildings, and indu strial processes. 12 13 (2) Reducing th e Na tion 's demand for energy, especially energy from foreign sour ces. 14 15 (3) Reducing the cost of energy and makin g the economy more efficient and competitive. 16 (4) Improving the Na tion' s energy secur ity. 17 (5) Reducing the environmental impact of cn- 18 ergy-relat ed act ivities. 19 (b) GO AL S.- 20 (1) l NITW , GOALS.-ln accordan ce with th e 21 performance plan and report requ irements in section 22 4 of the Government P erforman ce Result s Act of 23 1993, the Secretar y shall t ran smit to th e Congress, 24 along with the President 's annual budget request for 25 fiscal year 2007, a report containin g out come measoHR 6 EH AMERICA!\ pVERSIGHT 397 CEQ050FY18091 _000000439 CEQ-18-0173-C-000435 396 1 ur es with ex7Jlicitly stat ed cost and perform ance 2 basehnes. rl'he measur es shall specify energy effi- 3 ciency performan ce goals, ,,vith quantifiab le 5-year 4 cost and energy savings target levels, for vehicles, 5 buildings, and indu stries, and any other such goals 6 th e Secretary considers appropriate. 7 (2) SunsgQUEN'r TRANSiwrTAIJS.-T he Sec- 8 retary shall tran smit to the CongTess, along ,,,~th th e 9 Pr esident 's annual budget request for each fiscal 10 year aft er 2007, a report containing - 11 (A) a descripti on, including quantitati ve 12 ana lysis, of progress in achie,~ng performan ce 13 goals transmitted under para graph (] ), as com- 14 par ed to the baselines tra nsmitt ed und er para- 15 graph (1); and 16 17 (B) any amendments to su ch goals. (c) P UBLIC1NPU1'.-'I'h c Secretary shaD consider ad- 18 vice from industry, universities, and other int erested par 19 tics throu gh seeking comments in the F ederal Register 20 and other means before transmitting each report m1der 21 subsection (b). 22 SEC. 923. VEHICLES. 23 (a) ADVANCED, COS'l' -E FF'ECTIVE rrECHNO LOGIES.- 24 The Secretar y shall condu ct a progTam of resem?ch, devcl25 opment, demonstrati on, and commercial application of ad- oHR 6 EH AMERICA!\ pVERSIGHT 398 CEQ050FY18091 _000000439 CEQ-18-0173-C-000436 396 1 ur es with ex7Jlicitly stat ed cost and perform ance 2 basehnes. rl'he measur es shall specify energy effi- 3 ciency performan ce goals, ,,vith quantifiab le 5-year 4 cost and energy savings target levels, for vehicles, 5 buildings, and indu stries, and any other such goals 6 th e Secretary considers appropriate. 7 (2) SunsgQUEN'r TRANSiwrTAIJS.-T he Sec- 8 retary shall tran smit to the CongTess, along ,,,~th th e 9 Pr esident 's annual budget request for each fiscal 10 year aft er 2007, a report containing - 11 (A) a descripti on, including quantitati ve 12 ana lysis, of progress in achie,~ng performan ce 13 goals transmitted under para graph (] ), as com- 14 par ed to the baselines tra nsmitt ed und er para- 15 graph (1); and 16 17 (B) any amendments to su ch goals. (c) P UBLIC1NPU1'.-'I'h c Secretary shaD consider ad- 18 vice from industry, universities, and other int erested par 19 tics throu gh seeking comments in the F ederal Register 20 and other means before transmitting each report m1der 21 subsection (b). 22 SEC. 923. VEHICLES. 23 (a) ADVANCED, COS'l' -E FF'ECTIVE rrECHNO LOGIES.- 24 The Secretar y shall condu ct a progTam of resem?ch, devcl25 opment, demonstrati on, and commercial application of ad- oHR 6 EH AMERICA!\ pVERSIGHT 398 CEQ050FY18091 _000000439 CEQ-18-0173-C-000436 397 1 vanced, cost-effective technologies to improve th e energy 2 efficiency and environmental performa nce of light-dut y 3 and heavy-duty vehicles, including( 1) hybrid and electri c propul sion systems, m- 4 5 eluding plug-in hybrid systems; (2) advanced engines, including combustion en- 6 7 gmes; 8 (3) advanced materiaJ s, including high str ength , 9 lightweight mat eriaJs, such as nanostru ctured mat e- 10 rials, composit es, multirnat eriaJ parts , carbon fibers , 11 and mat erial s with high thermal conductivity; 12 13 (4) technologies for reduced drag and ro1ling resista nee; 14 (5) whole-vehicle design optimization to r educe 15 th e ?weight of component part s and thus incr ease the 16 fuel economy of th e vehicle, includin g fiber optics to 17 replace tr aditional ?wiring; 18 (6) thermoelectric devices t hat captur e waste 19 heat and convert thermal energy into electri city; and 20 21 (7) advanced drivetrain s. (b) Low- C OS'l' IlYDROGI !.:N PHOP UTJS!ON AN D l NJi'HA - 22 STRUCTUR.E.-The Secretar y of En ergy shall23 (1) establish a research, development, and dem- 24 onstrat ion program to determin e th e feasibility of 25 using hydrogen propul sion in light-weight vehicles oHR 6 EH AMERICA!\ pVERSIGHT 399 CEQ050FY18091 _000000439 CEQ-18-0173-C-000437 397 1 vanced, cost-effective technologies to improve th e energy 2 efficiency and environmental performa nce of light-dut y 3 and heavy-duty vehicles, including( 1) hybrid and electri c propul sion systems, m- 4 5 eluding plug-in hybrid systems; (2) advanced engines, including combustion en- 6 7 gmes; 8 (3) advanced materiaJ s, including high str ength , 9 lightweight mat eriaJs, such as nanostru ctured mat e- 10 rials, composit es, multirnat eriaJ parts , carbon fibers , 11 and mat erial s with high thermal conductivity; 12 13 (4) technologies for reduced drag and ro1ling resista nee; 14 (5) whole-vehicle design optimization to r educe 15 th e ?weight of component part s and thus incr ease the 16 fuel economy of th e vehicle, includin g fiber optics to 17 replace tr aditional ?wiring; 18 (6) thermoelectric devices t hat captur e waste 19 heat and convert thermal energy into electri city; and 20 21 (7) advanced drivetrain s. (b) Low- C OS'l' IlYDROGI !.:N PHOP UTJS!ON AN D l NJi'HA - 22 STRUCTUR.E.-The Secretar y of En ergy shall23 (1) establish a research, development, and dem- 24 onstrat ion program to determin e th e feasibility of 25 using hydrogen propul sion in light-weight vehicles oHR 6 EH AMERICA!\ pVERSIGHT 399 CEQ050FY18091 _000000439 CEQ-18-0173-C-000437 398 1 and the int egration of th e associated hydroge n pro- 2 duction infrastructure 3 nents; and 4 u sing off-the -shelf compo- (2) identif y universities and institut ions that- 5 (A) h ave experti se in researching and test - 6 ing vehicles fueled by hydrogen, met hane, and 7 other fuels; (B) have expertise in integra ting off-the- 8 9 shelf component s to minimiz e cost; and 10 (C) within two year8 can test a vehicle 11 ba sed on an existing commercially available 12 platform with a curb weight of not less th an 13 2,000 pound s before modifications, that- 14 (i) operates solely on hydroge n gas; 15 (ii) can trave l a minimum of 300 16 miles und er norma l road conditi ons; and 17 (iii) u ses hydr ogen produced from 18 19 20 wate r using only solar energy. SEC. 924. BUILDINGS. (a) PROGRA1v1.-r rh e Secretary sha ll condu ct a pro- 21 gram of research , development, demonstration, and com22 mercial application of cost-effective technologies, for new 23 const ruction and retrofit, to improve the energy efficiency 24 and environmental performance of commercial, indu stria l, 25 in stit utiona l, and residential building s. Th e prog ram shall oHR 6 EH AMERICA!\ pVERSIGHT 400 CEQ050FY18 091_000000439 CEQ-18-0173-C-000438 398 1 and the int egration of th e associated hydroge n pro- 2 duction infrastructure 3 nents; and 4 u sing off-the -shelf compo- (2) identif y universities and institut ions that- 5 (A) h ave experti se in researching and test - 6 ing vehicles fueled by hydrogen, met hane, and 7 other fuels; (B) have expertise in integra ting off-the- 8 9 shelf component s to minimiz e cost; and 10 (C) within two year8 can test a vehicle 11 ba sed on an existing commercially available 12 platform with a curb weight of not less th an 13 2,000 pound s before modifications, that- 14 (i) operates solely on hydroge n gas; 15 (ii) can trave l a minimum of 300 16 miles und er norma l road conditi ons; and 17 (iii) u ses hydr ogen produced from 18 19 20 wate r using only solar energy. SEC. 924. BUILDINGS. (a) PROGRA1v1.-r rh e Secretary sha ll condu ct a pro- 21 gram of research , development, demonstration, and com22 mercial application of cost-effective technologies, for new 23 const ruction and retrofit, to improve the energy efficiency 24 and environmental performance of commercial, indu stria l, 25 in stit utiona l, and residential building s. Th e prog ram shall oHR 6 EH AMERICA!\ pVERSIGHT 400 CEQ050FY18 091_000000439 CEQ-18-0173-C-000438 399 1 u se a whole-buildin gs approach, int egrati ng work on ele2 ment s including- 3 (1) advan ced control s, includin g occupan cy seu- 4 sor s, daylighting contro ls, wireless technologies, 5 automat ed responses to changes in the int ernal and 6 external environm ent, and real tim e delivery of infor- 7 mat ion on buildin g system and compon ent perform- 8 ance; 9 (2) building envelope, includin g windows, roof- 10 mg systems and mat erials, and build ing-int egrated 11 photo voltaics; 12 (3) building systems component s, includin g- 13 (A) lightin g; 14 (B) appliances, includin g advanced tcch- 15 nolog:ies, such as st and -by load technologies , for 16 office equipm ent , food ser vice equipment , and 17 laundr y equipm ent ; and 18 (C) heat ing, ventilation , and cooling sys- 19 tcms, including ground- sotu-ce heat pumps and 20 radiant heat ing; and 21 ( 4) onsit e renevvable energ_ygenerat ion. 22 (b) E NgR GY EFFI CII~NT Bu.IIJDING Pu .,OT GRANT 23 PI {OGRAl\ 1.- 24 25 (1) I N GENERAL.- Not late r than 6 month s after the dat e of enactment of this Act , the Sec- oHR 6 EH AMERICA!\ pVERSIGHT 401 CEQ050FY18091 _000000439 CEQ-18-0173-C-000439 399 1 u se a whole-buildin gs approach, int egrati ng work on ele2 ment s including- 3 (1) advan ced control s, includin g occupan cy seu- 4 sor s, daylighting contro ls, wireless technologies, 5 automat ed responses to changes in the int ernal and 6 external environm ent, and real tim e delivery of infor- 7 mat ion on buildin g system and compon ent perform- 8 ance; 9 (2) building envelope, includin g windows, roof- 10 mg systems and mat erials, and build ing-int egrated 11 photo voltaics; 12 (3) building systems component s, includin g- 13 (A) lightin g; 14 (B) appliances, includin g advanced tcch- 15 nolog:ies, such as st and -by load technologies , for 16 office equipm ent , food ser vice equipment , and 17 laundr y equipm ent ; and 18 (C) heat ing, ventilation , and cooling sys- 19 tcms, including ground- sotu-ce heat pumps and 20 radiant heat ing; and 21 ( 4) onsit e renevvable energ_ygenerat ion. 22 (b) E NgR GY EFFI CII~NT Bu.IIJDING Pu .,OT GRANT 23 PI {OGRAl\ 1.- 24 25 (1) I N GENERAL.- Not late r than 6 month s after the dat e of enactment of this Act , the Sec- oHR 6 EH AMERICA!\ pVERSIGHT 401 CEQ050FY18091 _000000439 CEQ-18-0173-C-000439 400 1 retary sha ll esta blish a pilot progTam t o award 2 gran ts to businesses and organizat ions for new con- 3 stru ction of energy efficient buildings, or major ren - 4 ovations of buildings that will result in energy effi- 5 cient buildings, to demonstrat e innovative energy ef- 6 ficiency technologies, especialJy those sponsored by 7 th e Department. 8 9 10 (2) A\VAHDS.-The Secretary shall award gra nt s und er this subsection competitively to those applicant s whose proposa ls(A) best dcmonstratc- 11 12 (i) hkelihood to meet or exceed the de- 13 sign standard s referred to in paragTaph 14 (7); 15 (ii) likebhood to maxnm ze cost-effective energy efficiency opportuniti es; and 16 (fa ) advanced energy efficiency tech- 17 18 nologics; and 19 (B) arc least likely to be realized v,rithout 20 F ederal assistance. 21 (3) AMOUN' l' 01,~ GRAN'l' S.-Grant s under this 22 subsection shall be for up to 50 percent of design 23 and energy modeling costs, not to exceed $50,000 24 per building . No single grantee may be eligible for 25 more than 3 gra nts per year unde r this program . oHR 6 EH AMERICA!\ pVERSIGHT 402 CEQ050FY18091 _000000439 CEQ-18-0173-C-000440 400 1 retary sha ll esta blish a pilot progTam t o award 2 gran ts to businesses and organizat ions for new con- 3 stru ction of energy efficient buildings, or major ren - 4 ovations of buildings that will result in energy effi- 5 cient buildings, to demonstrat e innovative energy ef- 6 ficiency technologies, especialJy those sponsored by 7 th e Department. 8 9 10 (2) A\VAHDS.-The Secretary shall award gra nt s und er this subsection competitively to those applicant s whose proposa ls(A) best dcmonstratc- 11 12 (i) hkelihood to meet or exceed the de- 13 sign standard s referred to in paragTaph 14 (7); 15 (ii) likebhood to maxnm ze cost-effec- 16 tive energy efficiency opportuniti es; and (fa ) advanced energy efficiency tech- 17 18 nologics; and 19 (B) arc least likely to be realized v,rithout 20 F ederal assistance. 21 (3) AMOUN' l' 01,~ GRAN'l' S.-Grant s under this 22 subsection shall be for up to 50 percent of design 23 and energy modeling costs, not to exceed $50,000 24 per building . No single grantee may be eligible for 25 more than 3 gra nts per year unde r this program . oHR 6 EH AMERICA!\ pVERSIGHT 402 CEQ050FY18091 _000000439 CEQ-18-0173-C-000440 401 1 ( 4) GRANT (A) 2 P1\ Y iV[E NTS.- l NI'l'IAJ, PAYMENT .-rrh e Secret:uy 3 sha ll pay 50 percent of the total amount of the 4 gra nt to grant recipient s upon selection . 5 (B) REMAINDER OIo' PAY.MEN T.- The Sec- 6 retar y shall pay th e remaining 50 percent of the 7 grant only after independent certificat ion of 8 operational building s for compliance v,rith th e 9 st andard s for energy efficient buildings de- 10 scribed in paragraph (7). 11 (C) FAILURE TO COMPLY. - The Secreta ry 12 shall not provide th e r emainder of th e paym ent 13 unless th e buildin g is certifi ed v,rithin 6 month s 14 after operation of the completed btulding to 15 meet the requir ement s described in subpara- 16 graph (B), or in th e case of major renovations 17 the building is certified ,~rithin 6 months of th e 18 completion of th e renovations. 19 (5) REPORT TO CONGR ESS.- Not later than 3 20 years after awardin g the first grant und er thi s sub- 21 section , th e Secretary shall tr ansmit to Congress a 22 report containin g- 23 (A) the total numb er and dollar amount of 24 grants awarded und er thi s subsection ; and oHR 6 EH AMERICA!\ pVERSIGHT 403 CEQ050FY18091 _000000439 CEQ-18-0173-C-000441 401 1 ( 4) GRANT (A) 2 P1\ Y iV[E NTS.- l NI'l'IAJ, PAYMENT .-rrh e Secret:uy 3 sha ll pay 50 percent of the total amount of the 4 gra nt to grant recipient s upon selection . 5 (B) REMAINDER OIo' PAY.MEN T.- The Sec- 6 retar y shall pay th e remaining 50 percent of the 7 grant only after independent certificat ion of 8 operational building s for compliance v,rith th e 9 st andard s for energy efficient buildings de- 10 scribed in paragraph (7). 11 (C) FAILURE TO COMPLY. - The Secreta ry 12 shall not provide th e r emainder of th e paym ent 13 unless th e buildin g is certifi ed v,rithin 6 month s 14 after operation of the completed btulding to 15 meet the requir ement s described in subpara- 16 graph (B), or in th e case of major renovations 17 the building is certified ,~rithin 6 months of th e 18 completion of th e renovations. 19 (5) REPORT TO CONGR ESS.- Not later than 3 20 years after awardin g the first grant und er thi s sub- 21 section , th e Secretary shall tr ansmit to Congress a 22 report containin g- 23 (A) the total numb er and dollar amount of 24 grants awarded und er thi s subsection ; and oHR 6 EH AMERICA!\ pVERSIGHT 403 CEQ050FY18091 _000000439 CEQ-18-0173-C-000441 402 1 (B) an estimat e of aggr egat e cost and en- 2 er gy sa,~ngs enabled by th e pilot pr ogram 3 und er this subsection . 4 (6) ADl\IINISTRA'l'IVE EXPENSES.-A dmini stra - 5 tivc expenses for the program under this sub section 6 shall not exceed 10 percent of approp ri ated fund s . 7 (7) DrnI"INl'l'lON 011' ENERGY m o'F'ICIENT .BUlJjD- 8 lNG.-For 9 crgy efficient buildin g" mean s a building that is purp oses of th is sub section , the t erm "en- 10 ind ependentl y ccrt ificd- 11 (A) to meet or exceed the appli cable 12 United States Green Bt1ilchng Coun cil's Leader- 13 ship in En ergy and Environm ental 14 sta ndard s for a silver , gold, or plat inum rati ng; 15 and 16 Design (B) to achieve a r eduction in energy con- 17 sumption of- 18 (i) at least 25 per cent for new con- 19 stru ction , compar ed to the ener gy sta nd- 20 ar.. '])Ort of renev,rable genera - 22 tion equipnient from th e United States. 23 (b) GOAT,S.- 24 (1) l NI Tli-\.L GOALS .-I n accordance with the 25 performan ce plan and report r equirement s in section oHR 6 EH AMERICA!\ pVERSIGHT 434 CEQ050 FY18091_000000439 CEQ-18-0173-C-000472 432 1 and any crop grown specificaHy for th e pu rpose of 2 produ cing cellulosic feedstocks. 3 SEC. 937 . PROGRAMS . 4 (a) L'J GE N ERAL .- T 1 hc Secretary shall conduct pro- 5 grams of renewable energy research, development , dem- 6 onstration, and comn1ercial application , including activi- 7 ties describ ed in this subtitl e. Such programs shall be fo8 cu sed on th e following objectives: 9 (1) Increas ing t he conver sion efficiency of all 10 forms of renewable energy through improved tech - 11 nologies. 12 13 (2) Decreasing th e cost of r enewable energy genera tion and delivery. 14 15 (3) Promotin g th e diversity of the energy sup- ply. 16 17 (4) Decreasing th e Na tion 's dependence on foreign energy supplie s . 18 (5) Imp roving United States energy security. 19 (6) D ecreasing t he environmental impact of en- 2O ergy-rclated activities. 21 (7) Increasing the e:>.. '])Ort of renev,rable genera - 22 tion equipnient from th e United States. 23 (b) GOAT,S.- 24 (1) l NI Tli-\.L GOALS .-I n accordance with the 25 performan ce plan and report r equirement s in section oHR 6 EH AMERICA!\ pVERSIGHT 434 CEQ050 FY18091_000000439 CEQ-18-0173-C-000472 433 1 4 of the Governm ent P erforman ce Result s Act of 2 1993, the Secretary shalJ tran smit to th e Congress, 3 along with the Pr esident' s annual budget request for 4 fiscal year 2007 , a report containing outcome meas- 5 tn?cs ' "rith CJq)licitly stated cost and performan ce 6 baselin es. The measur es shall specify renewable en- 7 ergy performance goals, ?with quantifiabl e 5-year cost 8 and energy savings targ et levels, for wind power , 9 photovoltaic s, sola1? th ermal systems (including con- 10 centratin g and solar hot water), geothermal energy, 11 biomass-based syst ems, biofuels, and hydropowcr, 12 and any other such goals the Secretary considers ap- 13 propr iate. 14 (2) SUBSEQUEN T TI-u\NSM lT'l'ALS .-r r h e Sec- 15 reta ry shaU tran smjt to the Congress, along '"rith the 16 Pr esident 's annual budget requ est for each fiscal 17 year aft er 2007, a report containing(A) a description , including quantitative 18 19 ana lysis, of progress in achieving performan ce 20 goals transmitted und er paragraph (1 ), as com- 21 pared to the baselines tran smitt ed und er para - 22 graph (1) ; and (B) any amendments to such goals. 23 24 (c) P UBLIClNPu'r. - Th e Secretary shall consider ad- 25 vice from indu stry, universities, and other int erested par- oHR 6 EH AMERICA!\ pVERSIGHT 435 CEQ050 FY18091_000000439 CEQ-18-0173-C-000473 433 1 4 of the Governm ent P erforman ce Result s Act of 2 1993, the Secretary shalJ tran smit to th e Congress, 3 along with the Pr esident' s annual budget request for 4 fiscal year 2007 , a report containing outcome meas- 5 tn?cs ' "rith CJq)licitly stated cost and performan ce 6 baselin es. The measur es shall specify renewable en- 7 ergy performance goals, ?with quantifiabl e 5-year cost 8 and energy savings targ et levels, for wind power , 9 photovoltaic s, sola1? th ermal systems (including con- 10 centratin g and solar hot water), geothermal energy, 11 biomass-based syst ems, biofuels, and hydropowcr, 12 and any other such goals the Secretary considers ap- 13 propr iate. 14 (2) SUBSEQUEN T TI-u\NSM lT'l'ALS .-r r h e Sec- 15 reta ry shaU tran smjt to the Congress, along '"rith the 16 Pr esident 's annual budget requ est for each fiscal 17 year aft er 2007, a report containing(A) a description , including quantitative 18 19 ana lysis, of progress in achieving performan ce 20 goals transmitted und er paragraph (1 ), as com- 21 pared to the baselines tran smitt ed und er para - 22 graph (1) ; and (B) any amendments to such goals. 23 24 (c) P UBLIClNPu'r. - Th e Secretary shall consider ad- 25 vice from indu stry, universities, and other int erested par- oHR 6 EH AMERICA!\ pVERSIGHT 435 CEQ050 FY18091_000000439 CEQ-18-0173-C-000473 434 1 ti es throu gh seeking comment s m th e F ederal Regi ster 2 and other means befor e tran smittin g each report und er 3 sub section (b). 4 SEC. 938. SOLAR. 5 (a) PR0 GRAl\L- Th e Secretar y shal l condu ct a pro- 6 gTam of r esear ch, developm ent, demonstrat ion , and com- 7 mercial app licati on for solar energy, includin g8 (1) photovoltai cs; 9 (2) solar hot wat er and solar spa ce heatin g; and (3) concentra ting solar power . 10 11 (b) B UILDING INTEGRATI0N.- F or photo voltai cs, 12 solar hot wat er , and spa ce heatin g, th e Secretary sha11 13 condu ct resear ch, developm ent, demonstration , and com- 14 mercial appli cation to support th e development of produ cts 15 that can be easily int egTated into new and existin g bui ld16 mgs . 17 (c) lV[ANUl<'A C'l'URE.-Th e Secret ary shall condu ct rc- 18 sear ch , development , demonstrati on, and comm er cial ap19 plication of manufa cturin g techniqu es that can produ ce 20 low-cost , high-qua lity solar systems. 21 22 SEC. 939. BIOENERGY PROGRAMS. (a ) PR0 GRAM.-Th c Secretar y sha ll condu ct a pro- 23 gTam of r esear ch , developm ent , demonstration , and com24 mercial appli cati on for cellulosic bioma ss, includin g- 25 (1) biomass conver sion to heat and electri city; oHR 6 EH AMERICA!\ pVERSIGHT 436 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000474 434 1 ti es throu gh seeking comment s m th e F ederal Regi ster 2 and other means befor e tran smittin g each report und er 3 sub section (b). 4 SEC. 938. SOLAR. 5 (a) PR0 GRAl\L- Th e Secretar y shal l condu ct a pro- 6 gTam of r esear ch, developm ent, demonstrat ion , and com- 7 mercial app licati on for solar energy, includin g8 (1) photovoltai cs; 9 (2) solar hot wat er and solar spa ce heatin g; and (3) concentra ting solar power . 10 11 (b) B UILDING INTEGRATI0N.- F or photo voltai cs, 12 solar hot wat er , and spa ce heatin g, th e Secretary sha11 13 condu ct resear ch, developm ent, demonstration , and com- 14 mercial appli cation to support th e development of produ cts 15 that can be easily int egTated into new and existin g bui ld16 mgs . 17 (c) lV[ANUl<'A C'l'URE.-Th e Secret ary shall condu ct rc- 18 sear ch , development , demonstrati on, and comm er cial ap19 plication of manufa cturin g techniqu es that can produ ce 20 low-cost , high-qua lity solar systems. 21 22 SEC. 939. BIOENERGY PROGRAMS. (a ) PR0 GRAM.-Th c Secretar y sha ll condu ct a pro- 23 gTam of r esear ch , developm ent , demonstration , and com24 mercial appli cati on for cellulosic bioma ss, includin g- 25 (1) biomass conver sion to heat and electri city; oHR 6 EH AMERICA!\ pVERSIGHT 436 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000474 435 1 (2) bioniass conversion to liquid fuels; 2 (3) biobased produ cts; 3 (4) integTated biorefineries that may produce 4 heat , electri city, liquid fuels, and biobased produ ct s; 5 ( 5) cross-cutting activities on feedstocks and 6 enzymes; and 7 8 (6) life-cycle economic analysis. (b) BIOP UEL S J\ND B IOBJ\SED PR0DUC'I'S.-Th e ob- 9 jc ctivcs of the biofucls and biobased produ ct s programs 10 und er para graph s (2), (3), and (4) of subsection (a), and 11 of th e biorcfinery demonst ration program und er sub- 12 sec6on (c), shall be to develop, in partn ership with 13 industry14 (1) advanced biochemical and thermo chemical 15 conversion t echnologies capabl e of malring high-value 16 biobascd chemjca] feedstocks and produ cts, to sub- 17 stitute for petroleum-based fecdstocks and pr oducts, 18 biofucls that ar c price-competitive with gasoline or 19 diesel in either int ernal combustion engines or fuel 20 cell-powered vehicles, and biobased products from a 21 variety of feedstocks, including grains, ceUulosic bio- 22 mass, and agTiculttll'al byproducts; and 23 (2) advanced biotechnology processes capable of 24 making biofuels and biobased produ ct s, with cmpha- oHR 6 EH AMERICA!\ pVERSIGHT 437 CEQ050 FY18091_000000439 CEQ-18-0173-C-000475 435 1 (2) bioniass conversion to liquid fuels; 2 (3) biobased produ cts; 3 (4) integTated biorefineries that may produce 4 heat , electri city, liquid fuels, and biobased produ ct s; 5 ( 5) cross-cutting activities on feedstocks and 6 enzymes; and 7 8 (6) life-cycle economic analysis. (b) BIOP UEL S J\ND B IOBJ\SED PR0DUC'I'S.-Th e ob- 9 jc ctivcs of the biofucls and biobased produ ct s programs 10 und er para graph s (2), (3), and (4) of subsection (a), and 11 of th e biorcfinery demonst ration program und er sub- 12 sec6on (c), shall be to develop, in partn ership with 13 industry14 (1) advanced biochemical and thermo chemical 15 conversion t echnologies capabl e of malring high-value 16 biobascd chemjca] feedstocks and produ cts, to sub- 17 stitute for petroleum-based fecdstocks and pr oducts, 18 biofucls that ar c price-competitive with gasoline or 19 diesel in either int ernal combustion engines or fuel 20 cell-powered vehicles, and biobased products from a 21 variety of feedstocks, including grains, ceUulosic bio- 22 mass, and agTiculttll'al byproducts; and 23 (2) advanced biotechnology processes capable of 24 making biofuels and biobased produ ct s, with cmpha- oHR 6 EH AMERICA!\ pVERSIGHT 437 CEQ050 FY18091_000000439 CEQ-18-0173-C-000475 436 1 sis on development of biorefinery technologies, m- 2 eluding enzyme-based processing techno logies. 3 (c) BIOMASS l N'I'EGRATED REFL NERY DE l\IONS'l'RA- 4 'rIO N.- 5 (1) IN GENERAL.-T h c Secretary shall conduct 6 a program to demonstrat e th e commercia1 applica- 7 tion of at least 5 int egTated bior efineries. The Sec- 8 retary shall ensur e geogTaphical distribution of bio- 9 refiner y demonstration s und er thi s subsection. The 10 Secretary shall not pro vide more than $100,000 ,000 11 und er this subsection for any single biorefinery dem- 12 onstrat ion. 11 he Secreta ry shall award th e biorefinery 13 demonstrabon s so as to encoura ge- 14 (A) the demonstrat ion of a wide variety of 15 cellulosic biomass feedstocks; 16 (B) the commercial application of bioma ss 17 technologies for a variety of uses, incJuding- 18 (i) liquid tran sportat ion fuels; 19 (ii) high-value biobased chemicals; 20 (iii) substitut es for petroleum-based 21 feedstocks and produ cts; and 22 (iv) energy in th e form of electricit y 23 or useful heat; and 24 (C) th e demonst ra tion of the collection and 25 tr eatm ent of a variety of biomass fcedstocks . oHR 6 EH AMERICA!\ pVERSIGHT 438 CEQ050FY18091 _000000439 CEQ-18-0173-C-000476 436 1 sis on development of biorefinery technologies, m- 2 eluding enzyme-based processing techno logies. 3 (c) BIOMASS l N'I'EGRATED REFL NERY DE l\IONS'l'RA- 4 'rIO N.- 5 (1) IN GENERAL.-T h c Secretary shall conduct 6 a program to demonstrat e th e commercia1 applica- 7 tion of at least 5 int egTated bior efineries. The Sec- 8 retary shall ensur e geogTaphical distribution of bio- 9 refiner y demonstration s und er thi s subsection. The 10 Secretary shall not pro vide more than $100,000 ,000 11 und er this subsection for any single biorefinery dem- 12 onstrat ion. 11 he Secreta ry shall award th e biorefinery 13 demonstrabon s so as to encoura ge(A) the demonstrat ion of a wide variety of 14 15 cellulosic biomass feedstocks; 16 (B) the commercial application of bioma ss 17 technologies for a variety of uses, incJuding- 18 (i) liquid tran sportat ion fuels; 19 (ii) high-value biobased chemicals; 20 (iii) substitut es for petroleum-based 21 feedstocks and produ cts; and 22 (iv) energy in th e form of electricit y 23 or useful heat; and 24 (C) th e demonst ra tion of the collection and 25 tr eatm ent of a variety of biomass fcedstocks . oHR 6 EH AMERICA!\ pVERSIGHT 438 CEQ050FY18091 _000000439 CEQ-18-0173-C-000476 437 1 (2) PROPOSJ\11S .-Not later than 6 month s 2 after th e dat e of ena ctm ent of this Act, th e Sec- 3 retary shall solicit proposals for demonst ration of 4 advanced biorefiner ies. The Secretary shall select 5 only propo sals that- 6 (A) demonstrat e that th e proj ect will be 7 able to operate profitabl y vvithout direct F ederal 8 subsidy aft er initial constru ction costs ar e paid ; 9 and 10 (B) enabl e th e biorefinery to be easily rcp- 11 12 licat ed. (cl) UN IVERS J'l'Y BIODIE; SE I; PROCH. AM.-rn1 e Sec- 13 retar y shall establish a demonstraton pro gTam to deter14 n1ine the feasibility of the operation of diesel electric power 15 generators, using biodiesel fuels, ~~th ra tings as high as 16 BI00 at a university electric generation facility . The pro17 gTam sh all examine(1) heat rat es of diesel fuels with large quan - 18 19 titi cs of cellulosic content; 20 21 (2) the reliability of operation of various fuel blends; 22 (3) performan ce in cold or freezing ?weather; 23 (4) sta bility of fuel after extended storage; and 24 (5) other crit eria , as determin ed by th e Sec- 25 retary. oHR 6 EH AMERICA!\ pVERSIGHT 439 CEQ050FY18091 _000000439 CEQ-18-0173-C-000477 437 1 (2) PROPOSJ\11S .-Not later than 6 month s 2 after th e dat e of ena ctm ent of this Act, th e Sec- 3 retary shall solicit proposals for demonst ration of 4 advanced biorefiner ies. The Secretary shall select 5 only propo sals that- 6 (A) demonstrat e that th e proj ect will be 7 able to operate profitabl y vvithout direct F ederal 8 subsidy aft er initial constru ction costs ar e paid ; 9 and 10 (B) enabl e th e biorefinery to be easily rcp- 11 12 licat ed. (cl) UN IVERS J'l'Y BIODIE; SE I; PROCH. AM.-rn1 e Sec- 13 retar y shall establish a demonstraton pro gTam to deter14 n1ine the feasibility of the operation of diesel electric power 15 generators, using biodiesel fuels, ~~th ra tings as high as 16 BI00 at a university electric generation facility . The pro17 gTam sh all examine(1) heat rat es of diesel fuels with large quan - 18 19 titi cs of cellulosic content; 20 21 (2) the reliability of operation of various fuel blends; 22 (3) performan ce in cold or freezing ?weather; 23 (4) sta bility of fuel after extended storage; and 24 (5) other crit eria , as determin ed by th e Sec- 25 retary. oHR 6 EH AMERICA!\ pVERSIGHT 439 CEQ050FY18091 _000000439 CEQ-18-0173-C-000477 438 1 (e) GRA N'l'S.-Of th e fund s auth orized to be appro- 2 p1'iated for activities authorized und er th is section, not less 3 than $5,000 ,000 for each fiscal year shall be made avail4 able for grants to Hi storically Black Colleges and Univer5 sities, Tribal Colleges, and Hispanic-S erving In stitution s. 6 SEC. 940. WIND. 7 (a) PROGR/\Jvt.- 'l1he Secretary shall conduct a pro- 8 gTam of research, development, demonstration , and com9 mercial application for wind energy, including10 (1) Jow speed wind energy; 11 (2) offshore wind energy; 12 (3) testing and verification; and 13 ( 4) distributed v,ri.ndenergy generati on. 14 (b) FACIJXrv.- Th e Secreta ry shaJI constru ct and op- 15 erat e a research and testin g facility capable of testin g the 16 largest v\ri.ncl turbin es that arc e2'. 'l)ected to be manufac- 17 tur ecl in th e next 15 years. The Secretar y shall consider 18 th e need for testing offshore turbin e designs in siting th e 19 facility . All private users of the facility shall be requir ed 20 to pay th e Departm ent all costs associat ed v,ri.t h their u se 21 of the facility, including capital costs prorat ed at normal 22 business amor tization rates . 23 (c) REOIO NA11 FIELD VER JF' fCA'l'I 0N PH0GRAM.-Of 24 th e fund s aut horized to be appropriated for activities au25 th orized 1. md er this section, not less than $4,000 ,000 for oHR 6 EH AMERICA!\ pVERSIGHT 440 CEQ050FY18091 _000000439 CEQ-18-0173-C-000478 438 1 (e) GRA N'l'S.-Of th e fund s auth orized to be appro- 2 p1'iated for activities authorized und er th is section, not less 3 than $5,000 ,000 for each fiscal year shall be made avail4 able for grants to Hi storically Black Colleges and Univer5 sities, Tribal Colleges, and Hispanic-S erving In stitution s. 6 SEC. 940. WIND. 7 (a) PROGR/\Jvt.- 'l1he Secretary shall conduct a pro- 8 gTam of research, development, demonstration , and com9 mercial application for wind energy, including10 (1) Jow speed wind energy; 11 (2) offshore wind energy; 12 (3) testing and verification; and 13 ( 4) distributed v,ri.ndenergy generati on. 14 (b) FACIJXrv.- Th e Secreta ry shaJI constru ct and op- 15 erat e a research and testin g facility capable of testin g the 'l)ected to be manufac16 largest v\ri.ncl turbin es that arc e2'. 17 tur ecl in th e next 15 years. The Secretar y shall consider 18 th e need for testing offshore turbin e designs in siting th e 19 facility . All private users of the facility shall be requir ed 20 to pay th e Departm ent all costs associat ed v,ri.t h their u se 21 of the facility, including capital costs prorat ed at normal 22 business amor tization rates . 23 (c) REOIO NA11 FIELD VER JF' fCA'l'I 0N PH0GRAM.-Of 24 th e fund s aut horized to be appropriated for activities au25 th orized 1. md er this section, not less than $4,000 ,000 for oHR 6 EH AMERICA!\ pVERSIGHT 440 CEQ050FY18091 _000000439 CEQ-18-0173-C-000478 439 1 each fiscal year shall be made available for th e Regional 2 Fi eld Verifi cat ion Pr ogram. of the Departm ent . 3 SEC. 941. GEOTHERMAL . 4 The Secretar y shall condu ct a program of research , 5 development , demonstrati on, and commercial applicat ion 6 for geother nial energy. rrhe pr ogran 1 shalJ focus on devel7 oping impr oved techn ologies for redu cing th e costs of geo8 th ermal energy installat ions, including technologies for- 9 ( 1) 10 sour ces; improvin g detection of geotherma l re- 11 (2) decreasing drilling costs; 12 (3) decreasing maint enan ce costs thr ough un - 13 proved materials; ( 4) increasing the pot ent ial for other revenu e 14 15 sources, such as nunera l produ ction; and 16 17 (5) increasing th e 1rnderst ancling of reserv01r life cycle and mana gement. 18 SEC . 942. PHOTOVOLTAIC DEMONSTRATION PROGRAM . 19 (a) IN GENERAL.- rr hc Secretar y shall est ablish a 20 program of grant s to Stat es to demonstrat e advanced pho- 21 tovoltaic technology. 22 (b) RE (,-lUIREM I~N'l' S.-(1 ) rr o receive fundin g und er 23 th e pro gram under this secti on , a St at e mu st submit a 24 proposal that demonstr at es, to the sati sfaction of the Sec- oHR 6 EH AMERICA!\ pVERSIGHT 44 1 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000479 439 1 each fiscal year shall be made available for th e Regional 2 Fi eld Verifi cat ion Pr ogram. of the Departm ent . 3 SEC. 941. GEOTHERMAL . 4 The Secretar y shall condu ct a program of research , 5 development , demonstrati on, and commercial applicat ion 6 for geother nial energy. rrhe pr ogran 1 shalJ focus on devel7 oping impr oved techn ologies for redu cing th e costs of geo8 th ermal energy installat ions, including technologies for- 9 ( 1) 10 sour ces; improvin g detection of geotherma l re- 11 (2) decreasing drilling costs; 12 (3) decreasing maint enan ce costs thr ough un - 13 proved materials; ( 4) increasing the pot ent ial for other revenu e 14 15 sources, such as nunera l produ ction; and 16 17 (5) increasing th e 1rnderst ancling of reserv01r life cycle and mana gement. 18 SEC . 942. PHOTOVOLTAIC DEMONSTRATION PROGRAM . 19 (a) IN GENERAL.- rr hc Secretar y shall est ablish a 20 program of grant s to Stat es to demonstrat e advanced pho- 21 tovoltaic technology. 22 (b) RE (,-lUIREM I~N'l' S.-(1 ) rr o receive fundin g und er 23 th e pro gram under this secti on , a St at e mu st submit a 24 proposal that demonstr at es, to the sati sfaction of the Sec- oHR 6 EH AMERICA!\ pVERSIGHT 44 1 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000479 440 1 reta ry, that the State ,~rill meet th e requ.irenlents of sub- 2 section (f). 3 (2) If a State has received fm1ding under this section 4 for the preceding year, the State must demonstrate, to the 5 sat isfaction of the Secretary, that it complied with t he re6 quirements of subsection (f) in carr_)ring out t he program 7 durin g that preceding year, and that it v,rilldo so in the 8 futu re. 9 (3) Except as provided in subsection (c), each State 10 submittin g a qualifying propo sal shall receive fundin g 11 und er the program ba sed on the propor tion of United 12 States population in th e State according to the 2000 cen- 13 sus. In each fiscal year, the portion of funds attr ibutable 14 und er th is para graph to States that have not submit ted 15 qualifying proposals in the time and marn1er specified by 16 th e Secreta ry shall be distribut ed pr o rata to the States 17 that have submitt ed qualifying proposa ls in the specified 18 tim e and manner . 19 (c) COMPE TITIO N.- If more than $80,000 ,000 is 20 available for the pr ogram und er th.is section for any fiscal 21 year, the Secretary shall allocate 75 percent of the funds 22 available according to subsection (b), and shall avvard the 23 remaining 25 percent on a competit ive basis to the States 24 with th e proposals the Secretary considers most likely to oHR 6 EH AMERICA!\ pVERSIGHT 442 CEQ050FY18091 _000000439 CEQ-18-0173-C-000480 440 1 reta ry, that the State ,~rill meet th e requ.irenlents of sub- 2 section (f). 3 (2) If a State has received fm1ding under this section 4 for the preceding year, the State must demonstrate, to the 5 sat isfaction of the Secretary, that it complied with t he re6 quirements of subsection (f) in carr_)ring out t he program 7 durin g that preceding year, and that it v,rilldo so in the 8 futu re. 9 (3) Except as provided in subsection (c), each State 10 submittin g a qualifying propo sal shall receive fundin g 11 und er the program ba sed on the propor tion of United 12 States population in th e State according to the 2000 cen- 13 sus. In each fiscal year, the portion of funds attr ibutable 14 und er th is para graph to States that have not submit ted 15 qualifying proposals in the time and marn1er specified by 16 th e Secreta ry shall be distribut ed pr o rata to the States 17 that have submitt ed qualifying proposa ls in the specified 18 tim e and manner . 19 (c) COMPE TITIO N.- If more than $80,000 ,000 is 20 available for the pr ogram und er th.is section for any fiscal 21 year, the Secretary shall allocate 75 percent of the funds 22 available according to subsection (b), and shall avvard the 23 remaining 25 percent on a competit ive basis to the States 24 with th e proposals the Secretary considers most likely to oHR 6 EH AMERICA!\ pVERSIGHT 442 CEQ050FY18091 _000000439 CEQ-18-0173-C-000480 441 1 encmu-age th e viriclespreacladoption of photovoltai c tech- 2 nologies. 3 (d) PROPOSALS.- Not later than 6 mout hs after the 4 dat e of enactment of thi s Act, and in each subsequent fis5 cal year for the life of the program, th e Secretar y shall 6 solicit propo sals from th e States to participat e in th e pro 7 gTam und er this section. 8 (e) COMPE'l'l'l'IVB CRI'l'ERIA.- In awarding fund s in 9 a competitiv e allocation und er sub section (c), th e Seel O retary shall considc1?ll ( 1) th e likelihood of a proposal to encourag e the 12 demonstrati on of, or lower th e costs of, advanced 13 photovoltaic technologi es; and 14 (2) th e exi,ent to which a propo sal is likely to(A) max.irnize the amount of photovoltai cs 15 16 demonstrated; 17 (B) rnax:imize the proportion of non-Fedcral cost shar e; and 18 19 20 (C) limit Sta te administrat ive cost s. (f) STATE PRO GRAivL- A program operated by a 21 State with funding und er thi s section shall provide com22 petiti ve awards for the demonstration of advanced photo23 voltaic techno logies. Each St ate progTam shall24 25 (1) requir e a contribution of at least 60 percent per award from non-F ederal sources, hich may in- v1 1 oHR 6 EH AMERICA!\ pVERSIGHT 443 CEQ050FY18091 _000000439 CEQ-18-0173-C-000481 441 1 encmu-age th e viriclespreacladoption of photovoltai c tech- 2 nologies. 3 (d) PROPOSALS.- Not later than 6 mout hs after the 4 dat e of enactment of thi s Act, and in each subsequent fis5 cal year for the life of the program, th e Secretar y shall 6 solicit propo sals from th e States to participat e in th e pro 7 gTam und er this section. 8 (e) COMPE'l'l'l'IVB CRI'l'ERIA.- In awarding fund s in 9 a competitiv e allocation und er sub section (c), th e Seel O retary shall considc1?ll ( 1) th e likelihood of a proposal to encourag e the 12 demonstrati on of, or lower th e costs of, advanced 13 photovoltaic technologi es; and 14 (2) th e exi,ent to which a propo sal is likely to(A) max.irnize the amount of photovoltai cs 15 16 demonstrated; 17 (B) rnax:imize the proportion of non-Fedcral cost shar e; and 18 19 20 (C) limit Sta te administrat ive cost s. (f) STATE PRO GRAivL- A program operated by a 21 State with funding und er thi s section shall provide com22 petiti ve awards for the demonstration of advanced photo23 voltaic techno logies. Each St ate progTam shall24 25 (1) requir e a contribution of at least 60 percent per award from non-F ederal sources, hich may in- v1 1 oHR 6 EH AMERICA!\ pVERSIGHT 443 CEQ050FY18091 _000000439 CEQ-18-0173-C-000481 442 1 elude any combination of State, local, and private 2 fund s, except that at least 10 percent of th e fund ing 3 must be supplied by th e State; (2) limit award s for any single project to a 4 5 maximum of $1,000 ,000 ; 6 7 (3) prohibit any nongovernm ent al recipient from receiving rnore than $1,0 00 ,000 per year; 8 (4) endeavor to fund recipient s in the commer- 9 cial, indu strial , institutional , govermncntal, and resi- 10 denti al sector s; 11 12 (5) limit State administ rative costs to no more than 10 percent of th e grant; (6) r eport annuall y to th e Departm ent on- 13 14 (A) th e amount of funds disbursed; 15 (B) th e a.rn.ount of photovoltaics pm?cha secl; 16 and 17 (C) the result s of the monitor ing und er 18 paragraph (7); 19 (7) provide for measur ement and verificat ion of 20 the output of a represe11tati ve sample of the 21 photovoltai cs systems demonstr at ed throu ghout the 22 average ?workin g Jife of th e systems, or at least 20 23 years; and 24 (8) requir e that applicant buildings must have 25 received an independent energ?y efficiency audit dur- oHR 6 EH AMERICA!\ pVERSIGHT 444 CEQ050FY18091 _000000439 CEQ-18-0173-C-000482 442 1 elude any combination of State, local, and private 2 fund s, except that at least 10 percent of th e fund ing 3 must be supplied by th e State; (2) limit award s for any single project to a 4 5 maximum of $1,000 ,000 ; 6 7 (3) prohibit any nongovernm ent al recipient from receiving rnore than $1,0 00 ,000 per year; 8 (4) endeavor to fund recipient s in the commer- 9 cial, indu strial , institutional , govermncntal, and resi- 10 denti al sector s; 11 12 (5) limit State administ rative costs to no more than 10 percent of th e grant; (6) r eport annuall y to th e Departm ent on- 13 14 (A) th e amount of funds disbursed; 15 (B) th e a.rn.ount of photovoltaics pm?cha secl; 16 and 17 (C) the result s of the monitor ing und er 18 paragraph (7); 19 (7) provide for measur ement and verificat ion of 20 the output of a represe11tati ve sample of the 21 photovoltai cs systems demonstr at ed throu ghout the 22 average ?workin g Jife of th e systems, or at least 20 23 years; and 24 (8) requir e that applicant buildings must have 25 received an independent energ?y efficiency audit dur- oHR 6 EH AMERICA!\ pVERSIGHT 444 CEQ050FY18091 _000000439 CEQ-18-0173-C-000482 443 1 m g th e 6-rnonth period pr eceding th e filing of th e 2 application. 3 nd (g) UNEXPENDED FU ND S .- If a State fails to e1..'-pe 4 any fund s received und er subs ection (b) or (c) ,~rithin 3 5 yea r s of r eceipt , such remaining fund s shall be r eturned 6 to th e 'rr eaStffV. oI 7 (h) REPORTS.-rrh e Secretary shall report to Con- 8 gTess 5 year s after fund s ar e first distribut ed to th e States 9 und er thi s section 10 (1) th e amount of photovoltaic s demonstrat ed; 11 (2) th e numb er of pr oj ects und ert aken ; 12 (3) th e administrative costs of th e program; 13 ( 4) the arnmmt of funds that each State ha s 14 not received because of a faiJm?e to subm it a quali- 15 fying propo sal, as described in sub section (b)(3); 16 17 (5) th e r esult s of th e monitorin g und er subsection (f)(7); and 18 19 20 21 (6) th e total amount of fund s distribut ed , rneludin g a breakdov,rn by State. SEC. 943. ADDITIONAL PROGRAMS. (a) IN GENERAh-Th e Secretary may condu ct re- 22 sea rch , development, cle1nonst r ation, and commer cial ap23 plication pro grani s of24 ( 1) ocean energy , includin g wave energy; 25 (2) kin eti c hych-o turb ines; and oHR 6 EH AMERICA!\ pVERSIGHT 445 CEQ050FY18091 _000000439 CEQ-18-0173-C-000483 443 1 m g th e 6-rnonth period pr eceding th e filing of th e 2 application. 3 nd (g) UNEXPENDED FU ND S .- If a State fails to e1..'-pe 4 any fund s received und er subs ection (b) or (c) ,~rithin 3 5 yea r s of r eceipt , such remaining fund s shall be r eturned 6 to th e 'rr eaStffV. oI 7 (h) REPORTS.-rrh e Secretary shall report to Con- 8 gTess 5 year s after fund s ar e first distribut ed to th e States 9 und er thi s section 10 (1) th e amount of photovoltaic s demonstrat ed; 11 (2) th e numb er of pr oj ects und ert aken ; 12 (3) th e administrative costs of th e program; 13 ( 4) the arnmmt of funds that each State ha s 14 not received because of a faiJm?e to subm it a quali- 15 fying propo sal, as described in sub section (b)(3); 16 17 (5) th e r esult s of th e monitorin g und er subsection (f)(7); and 18 19 20 21 (6) th e total amount of fund s distribut ed , rneludin g a breakdov,rn by State. SEC. 943. ADDITIONAL PROGRAMS. (a) IN GENERAh-Th e Secretary may condu ct re- 22 sea rch , development, cle1nonst r ation, and commer cial ap23 plication pro grani s of24 ( 1) ocean energy , includin g wave energy; 25 (2) kin eti c hych-o turb ines; and oHR 6 EH AMERICA!\ pVERSIGHT 445 CEQ050FY18091 _000000439 CEQ-18-0173-C-000483 444 1 (3) th e combined use of r enevirable energy t ech- 2 nologies ?with one anoth er and ?with other energy 3 techn ologies. 4 (b) 1\1 1.ARTNERENE'\iVABLE E NERGYSTUDY.- 5 (1) STUDY.- Th e Secretar y shall ente r into an 6 ar ran gement ' "rith th e Nat ional Academy of Sciences 7 to condu ct a study on- 8 (A) th e feasibility of var ious methods of re- 9 nevvable generation of energy from the ocean , 10 including en ergy from waves, tid es, curr ents , 11 and th ermal gradi ent s; and 12 (B) the research, development, demonstra- 13 tion, and commercial apphcation activit ies r e- 14 quired to make marin e renewable ener gy gen- 15 eration competit ive with other form s of elec- 16 tri city generation. 17 (2) TRANSl\U'l"l'AL.-Not later than 1 year aft er 18 th e dat e of enactment of this Act , th e Secret ary 19 shall ti-ansmit th e stud y to Congress along with the 20 Secretary' s recommendat ions for implementing th e 21 result s of th e stud y. 22 (c) RBNB"\l\ 'ABLE E NERGY IN Pum ,rc Bun ,DINGS.- 23 (1) DE MONS'l'RA'l'JON AN D TE CH NOLOGY TRANS - 24 FER PROGRAM .- Th e Secretar y shall establi sh a pro - 25 gram for th e demonstr at ion of innovative t ech- oHR 6 EH AMERICA!\ pVERSIGHT 446 CEQ050FY18091 _000000439 CEQ-18-0173-C-000484 444 1 (3) th e combined use of r enevirable energy t ech- 2 nologies ?with one anoth er and ?with other energy 3 techn ologies. 4 (b) 1\1 1.ARTNERENE'\iVABLE E NERGYSTUDY.- 5 (1) STUDY.- Th e Secretar y shall ente r into an 6 ar ran gement ' "rith th e Nat ional Academy of Sciences 7 to condu ct a study on- 8 (A) th e feasibility of var ious methods of re- 9 nevvable generation of energy from the ocean , 10 including en ergy from waves, tid es, curr ents , 11 and th ermal gradi ent s; and 12 (B) the research, development, demonstra- 13 tion, and commercial apphcation activit ies r e- 14 quired to make marin e renewable ener gy gen- 15 eration competit ive with other form s of elec- 16 tri city generation. 17 (2) TRANSl\U'l"l'AL.-Not later than 1 year aft er 18 th e dat e of enactment of this Act , th e Secret ary 19 shall ti-ansmit th e stud y to Congress along with the 20 Secretary' s recommendat ions for implementing th e 21 result s of th e stud y. 22 (c) RBNB"\l\ 'ABLE E NERGY IN Pum ,rc Bun ,DINGS.- 23 (1) DE MONS'l'RA'l'JON AN D TE CH NOLOGY TRANS - 24 FER PROGRAM .- Th e Secretar y shall establi sh a pro - 25 gram for th e demonstr at ion of innovative t ech- oHR 6 EH AMERICA!\ pVERSIGHT 446 CEQ050FY18091 _000000439 CEQ-18-0173-C-000484 445 1 nologies for solar 2 sour ces in buildin gs owned or operated by a State or 3 local goverrunent , and for the dissemination of infor- 4 mation resulting from such demonst ration t o int er- s cstcd parties . 6 and other (2) Lrn!I'r ON P'EDERAL renewable energy li'UN DTNG.-rl1h e Sec - 7 retary shall prmri.de und er thi s subsection no more 8 than 40 percent of the incremental costs of the solar 9 or other renewable energy sour ce project fund ed . 10 (3) REQUIREME NT.- As part of t he application 11 for awards und er this subsection , the Secretary shall 12 require all applicant s- 13 (A) to demonstrat e a continuin g commit- 14 ment to th e use of solar and other renewable 15 energy sour ces in buildings they mvn or operat e; 16 and 17 (B) to stat e how th ey eA1Ject any award to 18 furth er th eir transition to the significan t use of 19 renewable energy. 20 SEC. 944. ANALYSIS AND EVALUATION. 21 (a) IN GENERAL.-'l1he Secretary shall conduct ana l- 22 ys1s and evaluation in support of th e renewable energy 23 programs tmder thi s subtitl e. These acti,rities shall be u sed 24 to guide budget and progr am decisions, and shall 25 in clude- oHR 6 EH AMERICA!\ pVERSIGHT 447 CEQ050FY18091 _000000439 CEQ-18-0173-C-000485 445 1 nologies for solar 2 sour ces in buildin gs owned or operated by a State or 3 local goverrunent , and for the dissemination of infor- 4 mation resulting from such demonst ration t o int er- s cstcd parties . 6 and other (2) Lrn!I'r ON P'EDERAL renewable energy li'UN DTNG.-rl1h e Sec - 7 retary shall prmri.de und er thi s subsection no more 8 than 40 percent of the incremental costs of the solar 9 or other renewable energy sour ce project fund ed . 10 (3) REQUIREME NT.- As part of t he application 11 for awards und er this subsection , the Secretary shall 12 require all applicant s- 13 (A) to demonstrat e a continuin g commit- 14 ment to th e use of solar and other renewable 15 energy sour ces in buildings they mvn or operat e; 16 and 17 (B) to stat e how th ey eA1Ject any award to 18 furth er th eir transition to the significan t use of 19 renewable energy. 20 SEC. 944. ANALYSIS AND EVALUATION. 21 (a) IN GENERAL.-'l1he Secretary shall conduct ana l- 22 ys1s and evaluation in support of th e renewable energy 23 programs tmder thi s subtitl e. These acti,rities shall be u sed 24 to guide budget and progr am decisions, and shall 25 in clude- oHR 6 EH AMERICA!\ pVERSIGHT 447 CEQ050FY18091 _000000439 CEQ-18-0173-C-000485 446 1 (1) economic and technical analysis of renew- 2 able energy potential, including resour ce assessment; 3 (2) analysis of past program performan ce, both 4 in terms of technical advances and in mark et intro- s duction of renewable energ_ y; and (3) any other analysis or evaluati on that the 6 7 Secretary considers appropriat e. 8 (b) F UNDING.-'Th e Secretary may dcsig11ate up to 9 1 percent of th e funds appropr iated for carr ying out th is 10 subtit le for analysis and evaluation activities w1der this 11 section. 12 SEC. 945. AUTHORIZATION OF APPROPRIATIONS . 13 'rhe following sums are auth orized to be appropriated 14 to the Secretary for the purpo ses of carrying out thi s sub15 tit le: (J ) For fiscal year 2006, $465, 000 ,000 , of 16 17 which(A) $100 ,000,000 shall be for carrying out 18 the solar program und er section 938; 19 20 (B) $2 00,000 ,000 shal l be for carryin g out 21 th e bioenergy program und er section 939, in - 22 cludin g $100 ,000 ,000 for th e biorefinery dem- 23 onstrat ion progra m und er section 939(c); 24 (C) $55, 000 ,000 shall be for carryi ng out 25 th e wind program und er section 940, including oHR 6 EH AMERICA!\ pVERSIGHT 448 CEQ050 FY18091_000000439 CEQ-18-0173-C-000486 446 1 (1) economic and technical analysis of renew- 2 able energy potential, including resour ce assessment; 3 (2) analysis of past program performan ce, both 4 in terms of technical advances and in mark et intro- s duction of renewable energ_ y; and (3) any other analysis or evaluati on that the 6 7 Secretary considers appropriat e. 8 (b) F UNDING.-'Th e Secretary may dcsig11ate up to 9 1 percent of th e funds appropr iated for carr ying out th is 10 subtit le for analysis and evaluation activities w1der this 11 section. 12 SEC. 945. AUTHORIZATION OF APPROPRIATIONS . 13 'rhe following sums are auth orized to be appropriated 14 to the Secretary for the purpo ses of carrying out thi s sub15 tit le: (J ) For fiscal year 2006, $465, 000 ,000 , of 16 17 which(A) $100 ,000,000 shall be for carrying out 18 the solar program und er section 938; 19 20 (B) $2 00,000 ,000 shal l be for carryin g out 21 th e bioenergy program und er section 939, in - 22 cludin g $100 ,000 ,000 for th e biorefinery dem- 23 onstrat ion progra m und er section 939(c); 24 (C) $55, 000 ,000 shall be for carryi ng out 25 th e wind program und er section 940, including oHR 6 EH AMERICA!\ pVERSIGHT 448 CEQ050 FY18091_000000439 CEQ-18-0173-C-000486 447 1 $] 0,000 ,000 for th e facihty described in section 2 940(b); 3 (D ) $30,000 ,000 shall be for carry ing out 4 t he geothermal program und er section 941; and 5 (E) $50,0 00 ,000 shall be for carryi ng out 6 th e photovoltaic demonstration progTarn und er 7 section 942. 8 (2) For fiscal year 2007 , $605,000 ,000 , of 9 wh:ich(A) $140 ,000 ,000 shall be for carrying out 10 the solar program und er section 938; 11 12 (B) $245, 000 ,000 shall be for carrying out 13 th e bioenergy program under section 939 , in- 14 eluding $125,000 ,000 for th e biorefinery dcm- 15 onst rat ion program und er section 939(c); 16 (C) $60,000 ,000 shall be for carrying out 17 the wind prog ram und er sec6on 940 , including 18 $15,000,00 0 for the facility described in section 19 940(b); 20 (D ) $30,000 ,000 shall be for carrying out 21 th e geotherma l program under section 941; and 22 (E) $100 ,000 ,000 shall be for carryin g out 23 the photovoltaic demonstration program und er 24 section 942. oHR 6 EH AMERICA!\ pVERSIGHT 449 CEQ050FY18091 _000000439 CEQ-18-0173-C-000487 447 1 $] 0,000 ,000 for th e facihty described in section 2 940(b); 3 (D ) $30,000 ,000 shall be for carry ing out 4 t he geothermal program und er section 941; and 5 (E) $50,0 00 ,000 shall be for carryi ng out 6 th e photovoltaic demonstration progTarn und er 7 section 942. 8 (2) For fiscal year 2007 , $605,000 ,000 , of 9 wh:ich(A) $140 ,000 ,000 shall be for carrying out 10 the solar program und er section 938; 11 12 (B) $245, 000 ,000 shall be for carrying out 13 th e bioenergy program under section 939 , in- 14 eluding $125,000 ,000 for th e biorefinery dcm- 15 onst rat ion program und er section 939(c); 16 (C) $60,000 ,000 shall be for carrying out 17 the wind prog ram und er sec6on 940 , including 18 $15,000,00 0 for the facility described in section 19 940(b); 20 (D ) $30,000 ,000 shall be for carrying out 21 th e geotherma l program under section 941; and 22 (E) $100 ,000 ,000 shall be for carryin g out 23 the photovoltaic demonstration program und er 24 section 942. oHR 6 EH AMERICA!\ pVERSIGHT 449 CEQ050FY18091 _000000439 CEQ-18-0173-C-000487 448 (3) For fiscal year 2008, $775,000 ,000 , of 1 2 which- 3 (A) $200,000 ,000 shall be for carr ying out t he solar program under section 938; 4 5 (B) $310,000 ,000 shall be for carrying out 6 th e bioenergy program under section 939, in- 7 eluding $150,000 ,000 for the biorefinery dem- 8 onst ration program und er section 939(c); 9 (C) $65,000 ,000 shall be for carr ying out 10 the wind program un der section 940 , including 11 $10,000 ,000 for t he facility described in section 12 940(b ); 13 (D) $30,000,000 shall be for carrying out 14 the geotherm al program und er section 941; and 15 (E) $150,000 ,000 sha]] be for carr ying out 16 the photovoltaic demonstrat ion progra m und er 17 section 942. 18 (4) F or fiscal year 2009 , $940,000,000 , of 19 which- 20 (A) $250,000 ,000 shall be for carrying out 21 th e solar pr ogram und er section 938; 22 (B) $355, 000 ,000 shall be for carryin g out 23 the bioenergy program und er section 939, in- 24 eluding $175,0 00,000 for the biorefinery dcm- 25 onst rat ion p1?ogram und er section 939(c); oHR 6 EH AMERICA!\ pVERSIGHT 450 CEQ050 FY18091_000000439 CEQ-18-0173-C-000488 448 (3) For fiscal year 2008, $775,000 ,000 , of 1 2 which- 3 (A) $200,000 ,000 shall be for carr ying out t he solar program under section 938; 4 5 (B) $310,000 ,000 shall be for carrying out 6 th e bioenergy program under section 939, in- 7 eluding $150,000 ,000 for the biorefinery dem- 8 onst ration program und er section 939(c); 9 (C) $65,000 ,000 shall be for carr ying out 10 the wind program un der section 940 , including 11 $10,000 ,000 for t he facility described in section 12 940(b ); 13 (D) $30,000,000 shall be for carrying out 14 the geotherm al program und er section 941; and 15 (E) $150,000 ,000 sha]] be for carr ying out 16 the photovoltaic demonstrat ion progra m und er 17 section 942. 18 (4) F or fiscal year 2009 , $940,000,000 , of 19 which- 20 (A) $250,000 ,000 shall be for carrying out 21 th e solar pr ogram und er section 938; 22 (B) $355, 000 ,000 shall be for carryin g out 23 the bioenergy program und er section 939, in- 24 eluding $175,0 00,000 for the biorefinery dcm- 25 onst rat ion p1?ogram und er section 939(c); oHR 6 EH AMERICA!\ pVERSIGHT 450 CEQ050 FY18091_000000439 CEQ-18-0173-C-000488 449 1 (C) $65,000 ,000 shall be for carrying out 2 the ,?ind pro gTam und er section 940, including 3 $5,0 00,000 for the facility described in section 4 940(b) ; 5 (D) $30,000,000 shall be for carryi ng out 6 th e geothermal program und er section 941; and 7 (E) $200,000 ,000 shall be for carrying out 8 th e photovoltaic demonstration program und er 9 section 942. 10 11 (5) For fiscal year 2010 , $1,125,000,000, of which(A) $300,000 ,000 slulll be for carr ying out 12 13 the solar program und er secbon 938; 14 (B) $400,000 ,000 shall be for ca1Tying out 15 the bioenergy program m1der section 939 , in- 16 eluding $200,000 ,000 for th e biorefinery dem- 17 onst ration program under section 939 (c); 18 (C) $65,000 ,000 shall be for carrying out 19 the wind program und er section 940 , including 20 $1,000 ,000 for the facility described in section 21 940(b) ; 22 (D) $30,000 ,000 shall be for carryin g out 23 the geotherm al program und er section 941; and oHR 6 EH AMERICA!\ pVERSIGHT 451 CEQ050FY18091 _000000439 CEQ-18-0173-C-000489 449 1 (C) $65,000 ,000 shall be for carrying out 2 the ,?ind pro gTam und er section 940, including 3 $5,0 00,000 for the facility described in section 4 940(b) ; 5 (D) $30,000,000 shall be for carryi ng out 6 th e geothermal program und er section 941; and 7 (E) $200,000 ,000 shall be for carrying out 8 th e photovoltaic demonstration program und er 9 section 942. 10 11 (5) For fiscal year 2010 , $1,125,000,000, of which- 12 (A) $300,000 ,000 slulll be for carr ying out 13 the solar program und er secbon 938; 14 (B) $400,000 ,000 shall be for ca1Tying out 15 the bioenergy program m1der section 939 , in- 16 eluding $200,000 ,000 for th e biorefinery dem- 17 onst ration program under section 939 (c); 18 (C) $65,000 ,000 shall be for carrying out 19 the wind program und er section 940 , including 20 $1,000 ,000 for the facility described in section 21 940(b) ; 22 (D) $30,000 ,000 shall be for carryin g out 23 the geotherm al program und er section 941; and oHR 6 EH AMERICA!\ pVERSIGHT 451 CEQ050FY18091 _000000439 CEQ-18-0173-C-000489 45 0 1 (E) $300 ,000 ,000 shaJl be for canyin g out 2 the photovoltaic demonstration program und er 3 section 942. 4 s Subtitle E-Nuclear Programs Energy 6 SEC. 946. DEFINITION. 7 In thi s subtitl e, the term "juni or faculty" means a 8 faculty men1ber who was awarded a doctorat e Jess than 9 10 years before receipt of an av,,ard from th e grant pro- 10 gram describ ed in section 949(b)(2). 11 SEC. 94 7. PROGRAMS. 12 (a) IN GENJt RAL.-Th e Secretary shall conduct pro- 13 gr ams of civilian nuclear energy resear ch , development , 14 demonstrati on, and commercial application, includin g ac- 15 tivitie s described in thi s subtitl e. P rograms und er th is sub- 16 titl e shall be focused on- 17 18 (]) enhancing nuclear pov,,er's viability as part of th e Unit ed States energy portfolio; 19 20 (2) providing the technical means to reduce the likelihood of nuclear proliferation; 21 22 (3) maintairun g a cadre of nuclear scienti sts and engineers; 23 ( 4) maintainin g Nat ion al Laboratory and um- 24 versity nuclear programs, including t heir infrastruc - 25 tur e; oHR 6 EH AMERICA!\ pVERSIGHT 452 CEQ050 FY18091_000000439 CEQ-18-0173-C-000490 45 0 1 (E) $300 ,000 ,000 shaJl be for canyin g out 2 the photovoltaic demonstration program und er 3 section 942. 4 s Subtitle E-Nuclear Programs Energy 6 SEC. 946. DEFINITION. 7 In thi s subtitl e, the term "juni or faculty" means a 8 faculty men1ber who was awarded a doctorat e Jess than 9 10 years before receipt of an av,,ard from th e grant pro- 10 gram describ ed in section 949(b)(2). 11 SEC. 94 7. PROGRAMS. 12 (a) IN GENJt RAL.-Th e Secretary shall conduct pro- 13 gr ams of civilian nuclear energy resear ch , development , 14 demonstrati on, and commercial application, includin g ac- 15 tivitie s described in thi s subtitl e. P rograms und er th is sub- 16 titl e shall be focused on- 17 18 (]) enhancing nuclear pov,,er's viability as part of th e Unit ed States energy portfolio; 19 20 (2) providing the technical means to reduce the likelihood of nuclear proliferation; 21 22 (3) maintairun g a cadre of nuclear scienti sts and engineers; 23 ( 4) maintainin g Nat ion al Laboratory and um- 24 versity nuclear programs, including t heir infrastruc - 25 tur e; oHR 6 EH AMERICA!\ pVERSIGHT 452 CEQ050 FY18091_000000439 CEQ-18-0173-C-000490 451 (5) supporting bot h individual researchers and 1 2 multidi sciplinary teams of researchers to pioneer 3 ncvv approac hes in nuclear energy, science, and tech - 4 nology; 5 (6) developing, planning, const ructing, acqmr- 6 mg, and operati ng special equipment and facilities 7 for th e use of researchers; 8 (7) suppor ting technology tran sfer and other 9 appr opriate activities to assist the nuclea r energy in- 10 dust ry, and other users of nuclear science and engi- 11 ncering, including activities addressing reliability , 12 availability, prod uctivity, component agin g, safety , 13 and securit y of nuclear pmver plants; and (8) reducing the environrnenta] impact of nu- 14 15 clear energy-related act ivities. 16 (b) GOA LS.- 17 (]) l NIT TAJJ GOALS.- ln accordan ce with th e 18 performan ce plan and report requirements in section 19 4 of the Governm ent Performance Results Act of 20 1993, the Secretary shall t ran smit to the Congress, 21 along ?with the Pr esident's annual budget request for 22 fiscal year 2007, a report containing outcome rneas- 23 ures with e}q)licit]y stated cost and performa nce 24 baselines . The mea~mres shall specify performance 25 goals, with quantifiable 5-year cost impr ovement and oHR 6 EH AMERICA!\ pVERSIGHT 453 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000491 451 (5) supporting bot h individual researchers and 1 2 multidi sciplinary teams of researchers to pioneer 3 ncvv approac hes in nuclear energy, science, and tech - 4 nology; 5 (6) developing, planning, const ructing, acqmr- 6 mg, and operati ng special equipment and facilities 7 for th e use of researchers; 8 (7) suppor ting technology tran sfer and other 9 appr opriate activities to assist the nuclea r energy in- 10 dust ry, and other users of nuclear science and engi- 11 ncering, including activities addressing reliability , 12 availability, prod uctivity, component agin g, safety , 13 and securit y of nuclear pmver plants; and (8) reducing the environrnenta] impact of nu- 14 15 clear energy-related act ivities. 16 (b) GOA LS.- 17 (]) l NIT TAJJ GOALS.- ln accordan ce with th e 18 performan ce plan and report requirements in section 19 4 of the Governm ent Performance Results Act of 20 1993, the Secretary shall t ran smit to the Congress, 21 along ?with the Pr esident's annual budget request for 22 fiscal year 2007, a report containing outcome rneas- 23 ures with e}q)licit]y stated cost and performa nce 24 baselines . The mea~mres shall specify performance 25 goals, with quantifiable 5-year cost impr ovement and oHR 6 EH AMERICA!\ pVERSIGHT 453 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000491 452 1 rehabi lity , ava:iJabihty, produ ctivity , and component 2 aging tar get levels for a wide ran ge of nuclear en- 3 ergy technologies, and any other such goals th e Sec- 4 retar y considers appropriat e . 5 SUBSEQUEN'l TRA.1 "\JS:M ITTALS.- rr he Sec- (2) 1 6 ret ary shaU tran smjt to the CongTess, along v,rith the 7 Pr esident' s arn11rn l bud get request for each fiscal 8 year aft er 2007, a report conta:ining- 9 (A) a description, including quantitati ve 10 ana lysis, of progr ess in achieving performan ce 11 goals transmitted und er para graph ( 1), as com- 12 par ed to the ba selines tran smitted und er para- 13 graph (1); and (B) any amendment s to such goaJs. 14 15 (c) P UBLIC L'J'PU'l'.-T'he Secr etary shall consider ad- 16 vice from indu str y, univ ersiti es, and other int eres ted par 17 ties tlu?ough seeking conuncnts in the F eder al Register 18 and other mea ns before tran smitting each r eport und er 19 subsection (b) . 20 CHAPTER I-NUCLEAR ENERGY RESEARCH PROGRAMS 21 22 SEC. 948. ADVANCED FUEL RECYCLING PROGRAM. 23 (a) IN GENERAI.1.-'l1he Secr eta ry sha ll conduct an 24 advanced fuel r ecycling technology r esear ch, development , 25 demon strati on, and commer cial application progTam to oHR 6 EH AMERICA!\ pVERSIGHT 454 CEQ050 FY18091_000000439 CEQ-18-0173-C-000492 452 1 rehabi lity , ava:iJabihty, produ ctivity , and component 2 aging tar get levels for a wide ran ge of nuclear en- 3 ergy technologies, and any other such goals th e Sec- 4 retar y considers appropriat e . 5 SUBSEQUEN'l TRA.1 "\JS:M ITTALS.- rr he Sec- (2) 1 6 ret ary shaU tran smjt to the CongTess, along v,rith the 7 Pr esident' s arn11rn l bud get request for each fiscal 8 year aft er 2007, a report conta:ining- 9 (A) a description, including quantitati ve 10 ana lysis, of progr ess in achieving performan ce 11 goals transmitted und er para graph ( 1), as com- 12 par ed to the ba selines tran smitted und er para- 13 graph (1); and (B) any amendment s to such goaJs. 14 15 (c) P UBLIC L'J'PU'l'.-T'he Secr etary shall consider ad- 16 vice from indu str y, univ ersiti es, and other int eres ted par 17 ties tlu?ough seeking conuncnts in the F eder al Register 18 and other mea ns before tran smitting each r eport und er 19 subsection (b) . 20 CHAPTER I-NUCLEAR ENERGY RESEARCH PROGRAMS 21 22 SEC. 948. ADVANCED FUEL RECYCLING PROGRAM. 23 (a) IN GENERAI.1.-'l1he Secr eta ry sha ll conduct an 24 advanced fuel r ecycling technology r esear ch, development , 25 demon strati on, and commer cial application progTam to oHR 6 EH AMERICA!\ pVERSIGHT 454 CEQ050 FY18091_000000439 CEQ-18-0173-C-000492 45 3 1 evaluat e fuel r ecycling or tran smutati on technologies 2 which are pr oliferation- res istant and minimi ze environ3 mental and public health and safety impa ct s, as an alt er4 nati ve t o aqu eous repro cessing techn ologies deployed as of 5 th e dat e of enactm ent of thi s Act , in support of evalu at ion 6 of alt ernat ive nation al strat egies for spent nu clear fuel and 7 advanced reactor concept s. Th e program shall be subj ect 8 to annual r eview by th e Secreta ry's Nu clear En ergy Re- 9 sear ch Advisory Co1m11itt ee or other independent entity, 10 as appropriat e. 11 (b) l NTERNA'l'I0NAL C00PE RA'l'I0N.- The Secr et ary 12 shall seek opportuniti es to engage int ern ational partn ers 13 with e:\... rperti se in advan ced fu el recycling technologies 14 ,;i. ,here su ch partn erships may help achieve progTam goals. 15 SEC. 949. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER- 16 17 ING SUPPORT. (a) IN GENBRAL.-Tb e Secretar y shall condu ct a 18 pr ogram t o invest in human resour ces and infra stru ct ur e 19 in th e nu clear sciences and related fields, includin g health 20 physics, nu clear engineering, and r adiochemistr y, con21 sistent with Departm ent al missions relat ed t o civilian nu 22 clear resear ch, development , demonstration , and commer23 cial application. 24 (b) REQUIREMENT8.-l n carr ying out th e program 25 und er thi s section, th e Secr et ary shall- oHR 6 EH AMERICA!\ pVERSIGHT 455 CEQ050 FY18091_000000439 CEQ-18-0173-C-000493 45 3 1 evaluat e fuel r ecycling or tran smutati on technologies 2 which are pr oliferation- res istant and minimi ze environ3 mental and public health and safety impa ct s, as an alt er4 nati ve t o aqu eous repro cessing techn ologies deployed as of 5 th e dat e of enactm ent of thi s Act , in support of evalu at ion 6 of alt ernat ive nation al strat egies for spent nu clear fuel and 7 advanced reactor concept s. Th e program shall be subj ect 8 to annual r eview by th e Secreta ry's Nu clear En ergy Re- 9 sear ch Advisory Co1m11itt ee or other independent entity, 10 as appropriat e. 11 (b) l NTERNA'l'I0NAL C00PE RA'l'I0N.- The Secr et ary 12 shall seek opportuniti es to engage int ern ational partn ers 13 with e:\... rperti se in advan ced fu el recycling technologies ,here su ch partn erships may help achieve progTam goals. 14 ,;i. 15 SEC. 949. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER- 16 17 ING SUPPORT. (a) IN GENBRAL.-Tb e Secretar y shall condu ct a 18 pr ogram t o invest in human resour ces and infra stru ct ur e 19 in th e nu clear sciences and related fields, includin g health 20 physics, nu clear engineering, and r adiochemistr y, con21 sistent with Departm ent al missions relat ed t o civilian nu 22 clear resear ch, development , demonstration , and commer23 cial application. 24 (b) REQUIREMENT8.-l n carr ying out th e program 25 und er thi s section, th e Secr et ary shall- oHR 6 EH AMERICA!\ pVERSIGHT 455 CEQ050 FY18091_000000439 CEQ-18-0173-C-000493 454 1 (1) conduct a graduate and und ergraduat e fel- 2 lowship pro gra m to attract new and tal ent ed stu- 3 dent s, ?which may include fellowships for st udent s to 4 spend time at National Laboratori es in th e areas of 5 nuclca1? science, engineering , and health physics ?with 6 a member of the Nati.anal Laborator y staff acting as 7 a mentor; 8 (2) conduct a junior faculty research initiation 9 grant program to assist univer sities in recruiting 10 and retaining ne,,v faculty in th e nuclear sciences 11 and engineering by awardin g grants to junior faculty 12 for research on issues relat ed to nuclear energy engi- 13 neerin g and science; 14 (3) support fundamenta l nuclear sciences, eng1- 15 neerin g, and health physics research throu gh a nu- 16 clear engineering education and research progTam; 17 (4) encoura ge collaborati ve nuclear research 18 among industry, National Lab oratori es, and univcr- 19 sitics; and 20 (5) support conmn.m ication and outr each rc- 21 lat ed to nuclear science, engi neer ing, and health 22 physics . 23 (c) S TH,ENGTHENING 24 TRAI NING UN IVERSIT Y RES I~AHCH 1\ ND RE ACTORS AND ASSOCIA .TED L~ F'RASTR UC- oHR 6 EH AMERICA!\ pVERSIGHT 456 CEQ050 FY18091_000000439 CEQ-18-0173-C-000494 454 1 (1) conduct a graduate and und ergraduat e fel- 2 lowship pro gra m to attract new and tal ent ed stu- 3 dent s, ?which may include fellowships for st udent s to 4 spend time at National Laboratori es in th e areas of 5 nuclca1? science, engineering , and health physics ?with 6 a member of the Nati.anal Laborator y staff acting as 7 a mentor; 8 (2) conduct a junior faculty research initiation 9 grant program to assist univer sities in recruiting 10 and retaining ne,,v faculty in th e nuclear sciences 11 and engineering by awardin g grants to junior faculty 12 for research on issues relat ed to nuclear energy engi- 13 neerin g and science; 14 (3) support fundamenta l nuclear sciences, eng1- 15 neerin g, and health physics research throu gh a nu- 16 clear engineering education and research progTam; 17 (4) encoura ge collaborati ve nuclear research 18 among industry, National Lab oratori es, and univcr- 19 sitics; and 20 (5) support conmn.m ication and outr each rc- 21 lat ed to nuclear science, engi neer ing, and health 22 physics . 23 (c) S TH,ENGTHENING 24 TRAI NING UN IVERSIT Y RES I~AHCH 1\ ND RE ACTORS AND ASSOCIA .TED L~ F'RASTR UC- oHR 6 EH AMERICA!\ pVERSIGHT 456 CEQ050 FY18091_000000439 CEQ-18-0173-C-000494 455 1 TURB.- ln carr ying out th e pr ogram und er th is secti on, 2 the Secretaiy may support3 (1) convertin g resear ch reactors from high-en- 4 richment fuels to low-enri chment fuels and upgrad- 5 ing oper ational instrum entation ; 6 7 (2) consortia of universities to broad en access to university resear ch reactor s; 8 (3) stu dent tra ining progran1s, m collaborat ion 9 with the Unit ed Stat es nuclear indu stry, in rcli- 10 censing and upgrad ing reactors, including thr ough 11 th e pr ovision of t echnical assistan ce; and 12 (4) reactor improvement s as part of a focused 13 effort that emphasizes resear ch, train ing, and edu- 14 cation , including throu gh t he Innovations in Nuclear 15 Infra stru ctur e and Edu cation Pro gram or any snru- 16 Jar program. 17 (cl) OPERA'l'I0 NS AN D l\lL\I NTENANCE.-Fund ing fo r 18 a pr oj ect pro vided w1der thi s section may be used for a 19 porti on of th e operating and main tenan ce costs of a re- 20 sear ch reactor at a university used in th e proj ect . 21 SEC. 950. UNIVERSITY -NATIONAL LABORATORY INTER- 22 23 ACTIONS. The Secret ary sha1lconduct- 24 (1) a fellowship pr ogram fo1? professors at uni- 25 versities t o spend sabbati cals at National Labora- oHR 6 EH AMERICA!\ pVERSIGHT 457 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000495 455 1 TURB.- ln carr ying out th e pr ogram und er th is secti on, 2 the Secretaiy may support3 (1) convertin g resear ch reactors from high-en- 4 richment fuels to low-enri chment fuels and upgrad- 5 ing oper ational instrum entation ; 6 7 (2) consortia of universities to broad en access to university resear ch reactor s; 8 (3) stu dent tra ining progran1s, m collaborat ion 9 with the Unit ed Stat es nuclear indu stry, in rcli- 10 censing and upgrad ing reactors, including thr ough 11 th e pr ovision of t echnical assistan ce; and 12 (4) reactor improvement s as part of a focused 13 effort that emphasizes resear ch, train ing, and edu- 14 cation , including throu gh t he Innovations in Nuclear 15 Infra stru ctur e and Edu cation Pro gram or any snru- 16 Jar program. 17 (cl) OPERA'l'I0 NS AN D l\lL\I NTENANCE.-Fund ing fo r 18 a pr oj ect pro vided w1der thi s section may be used for a 19 porti on of th e operating and main tenan ce costs of a re- 20 sear ch reactor at a university used in th e proj ect . 21 SEC. 950. UNIVERSITY -NATIONAL LABORATORY INTER- 22 23 ACTIONS. The Secret ary sha1lconduct- 24 (1) a fellowship pr ogram fo1? professors at uni- 25 versities t o spend sabbati cals at National Labora- oHR 6 EH AMERICA!\ pVERSIGHT 457 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000495 456 1 tories in the areas of nuclear science and technology; 2 and 3 (2) a visiting scienti st program in which Na - 4 tional Laborator y staff can spend time in academic 5 nuclea1?science and engineering departments . 6 SEC. 951. NUCLEAR POWER 2010 PROGRAM. 7 11 he Secretary shall carry out a Nuclear Pmver 2010 8 Pro gran1, consistent ?with recommenda tions in the October 9 2001 report entitled "A Roadmap to Deploy New Nuclear 10 Power Plant s in the United States by 201 0" issued by 11 the Nuclear En ergy Research Advisory Conunitt ee of the 12 Departm ent. ~rhe Program shall include13 ( 1) the eJqJertisc and capabiliti es of indu stry , 14 universities, and National Laboratori es in evaluation 15 of advanced nuclear fuel cycles and fuels testing; 16 17 (2) a variety of reactor designs suitabl e for both developed and developing nation s; 18 (3) parti cipation of intern ationa l collaborat ors 19 in research , development, and design effort s as ap- 20 pr opriate; and ( 4) university and indu stry parti cipation. 21 22 SEC. 952. GENERATION IV NUCLEAR ENERGY SYSTEMS INI- 23 24 TIATIVE. The Secretaiy shall carr y out a Generation IV Nu- 25 clear En ergy Systems Initi ative to develop an overall tech- oHR 6 EH AMERICA!\ pVERSIGHT 458 CEQ050FY18091 _000000439 CEQ-18-0173-C-000496 456 1 tories in the areas of nuclear science and technology; 2 and 3 (2) a visiting scienti st program in which Na - 4 tional Laborator y staff can spend time in academic 5 nuclea1?science and engineering departments . 6 SEC. 951. NUCLEAR POWER 2010 PROGRAM. 7 11 he Secretary shall carry out a Nuclear Pmver 2010 8 Pro gran1, consistent ?with recommenda tions in the October 9 2001 report entitled "A Roadmap to Deploy New Nuclear 10 Power Plant s in the United States by 201 0" issued by 11 the Nuclear En ergy Research Advisory Conunitt ee of the 12 Departm ent. ~rhe Program shall include13 ( 1) the eJqJertisc and capabiliti es of indu stry , 14 universities, and National Laboratori es in evaluation 15 of advanced nuclear fuel cycles and fuels testing; 16 17 (2) a variety of reactor designs suitabl e for both developed and developing nation s; 18 (3) parti cipation of intern ationa l collaborat ors 19 in research , development, and design effort s as ap- 20 pr opriate; and ( 4) university and indu stry parti cipation. 21 22 SEC. 952. GENERATION IV NUCLEAR ENERGY SYSTEMS INI- 23 24 TIATIVE. The Secretaiy shall carr y out a Generation IV Nu- 25 clear En ergy Systems Initi ative to develop an overall tech- oHR 6 EH AMERICA!\ pVERSIGHT 458 CEQ050FY18091 _000000439 CEQ-18-0173-C-000496 45 7 1 nology plan and to suppo rt resear ch , development , dem- 2 onstrati on , and commercial application necessary to make 3 an informed technical decision about th e most pr omising 4 candidates for th e eventua l commercial applicati on of ad- 5 van ced fission r eacto1? technology fo1? the generation of 6 electri city. The Initiati ve shalJ examiJ1e advanced prolifera - 7 tion-resistant and pa ssively safe reactor designs , including 8 desig11s that- 9 10 (1) a1?e economically competit ive vvith other elcc- tr ic powe1? generation plant s; 11 (2) have higher efficiency, lower cost , and im- 12 proved safety compared to react ors in operation on 13 the dat e of enactment of this Act ; 14 (3) use fuels that are proliferati on-r esistant and 15 have substa ntially redu ced produ ction of hj gh-level 16 waste per u nit of output; and 17 (4) use impr oved instrum ent ation. 18 SEC. 953. CIVILIAN INFRASTRUCTURE AND FACILITIES . 19 The Secreta ry shall operat e and maint ain infra str uc- 20 tur c and facilities to suppor t the nuclear energy research, 21 development , demonstr ation , and commercial application 22 pro gra ms, including radiological faciliti es man agement , 23 isotope production , and facilities management . oHR 6 EH AMERICA!\ pVERSIGHT 459 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000497 45 7 1 nology plan and to suppo rt resear ch , development , dem- 2 onstrati on , and commercial application necessary to make 3 an informed technical decision about th e most pr omising 4 candidates for th e eventua l commercial applicati on of ad- 5 van ced fission r eacto1? technology fo1? the generation of 6 electri city. The Initiati ve shalJ examiJ1e advanced prolifera - 7 tion-resistant and pa ssively safe reactor designs , including 8 desig11s that- 9 10 (1) a1?e economically competit ive vvith other elcc- tr ic powe1? generation plant s; 11 (2) have higher efficiency, lower cost , and im- 12 proved safety compared to react ors in operation on 13 the dat e of enactment of this Act ; 14 (3) use fuels that are proliferati on-r esistant and 15 have substa ntially redu ced produ ction of hj gh-level 16 waste per u nit of output; and 17 (4) use impr oved instrum ent ation. 18 SEC. 953. CIVILIAN INFRASTRUCTURE AND FACILITIES . 19 The Secreta ry shall operat e and maint ain infra str uc- 20 tur c and facilities to suppor t the nuclear energy research, 21 development , demonstr ation , and commercial application 22 pro gra ms, including radiological faciliti es man agement , 23 isotope production , and facilities management . oHR 6 EH AMERICA!\ pVERSIGHT 459 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000497 458 1 SEC. 954. NUCLEAR ENERGY RESEARCH AND DEVELOP 2 MENT INFRASTRUCTURE PLAN. 3 In carry ing out section 919, the Secretary sha11- 4 ( 1) develop an invento ry of 11uclear science and 5 engin eering 6 other assets at all of th e Nat ional Laborator ies; fac ilities, equipment , e).. '})ertise, and 7 (2) develop a prioritiz ed list of nuc lea1? science 8 and engineering plant and equipm ent improv ement s 9 needed at each of th e National Laboratori es; 10 (3) consider the available facilit ies and eb. "])e rtis e 11 at all N ationaJ L aboratories 12 ment s which compl ement rath er than dup licat e capa- 13 biliti es; and and emphasize invest- 14 ( 4) develop a tim eline and a propo sed bu dget 15 for the complet ion of deferr ed maint enan ce on plant 16 and equipm ent , 17 vi~th th e goal of ens urin g that Department pro gram s 18 und er th is subt itl e will be gene rally recog nized to be 19 amo ng th e best in th e ?world. 20 SEC. 955. 21 22 IDAHO NATIONAL LABORATORY FACILITIES PLAN. (a) PLAN.- Th c Secretary shall develop a comprc hcn- 23 sive plan for th e facilities at th e Idaho National Labora 24 tory, especial ly taking into account th e r esour ces avai lable 25 at other National Labo r atories. In developing th e plan , th e 26 Secr etar y shalloHR 6 EH AMERICA!\ pVERSIGHT 460 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000498 458 1 SEC. 954. NUCLEAR ENERGY RESEARCH AND DEVELOP 2 MENT INFRASTRUCTURE PLAN. 3 In carry ing out section 919, the Secretary sha11- 4 ( 1) develop an invento ry of 11uclear science and 5 engin eering 6 other assets at all of th e Nat ional Laborator ies; fac ilities, equipment , e).. '})ertise, and 7 (2) develop a prioritiz ed list of nuc lea1? science 8 and engineering plant and equipm ent improv ement s 9 needed at each of th e National Laboratori es; 10 (3) consider the available facilit ies and eb. "])e rtis e 11 at all N ationaJ L aboratories 12 ment s which compl ement rath er than dup licat e capa- 13 biliti es; and and emphasize invest- 14 ( 4) develop a tim eline and a propo sed bu dget 15 for the complet ion of deferr ed maint enan ce on plant 16 and equipm ent , 17 vi~th th e goal of ens urin g that Department pro gram s 18 und er th is subt itl e will be gene rally recog nized to be 19 amo ng th e best in th e ?world. 20 SEC. 955. 21 22 IDAHO NATIONAL LABORATORY FACILITIES PLAN. (a) PLAN.- Th c Secretary shall develop a comprc hcn- 23 sive plan for th e facilities at th e Idaho National Labora 24 tory, especial ly taking into account th e r esour ces avai lable 25 at other National Labo r atories. In developing th e plan , th e 26 Secr etar y shalloHR 6 EH AMERICA!\ pVERSIGHT 460 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000498 459 1 (1) evaluat e th e facihties planni ng pr ocesses 2 utiliz ed by other physical science and engineering re- 3 search and development institution s, both in the 4 United States and abroad , that arc generally recog- 5 nized as being among th e best in the world, and con- 6 sider lww those processes might be adapted toward 7 developing such facilities plan ; 8 (2) avoid duplicating, moving, or tran sferr ing 9 nuclear science and engin eering facilities, equipm ent, 10 experti se, and other assets t hat cmTently exist at 11 other National Labo r ator ies ? ' 12 (3) consider the estab lishm ent of a nationa l 13 tran surani c anal ytic chemistry laboratory as a user 14 facility at the Idaho Natio nal Labo r atory; 15 (4) include a plan to develop, if feasib le, the 16 Advanced 'r est Reactor and Test Reactor Area into 17 a user facility that is mor e r eadily accessib le to aca- 18 demic and indu strial resea rchers; (5) consider the estab lishment of a fast neut ron 19 20 sour ce as a u ser facility; 21 (6) consider th e estab lishm ent of new "ho t 22 cells" and th e configurat ion of "h ot cells" most like- 23 ly to advance r esear ch , development , demonstra tion , 24 and commer cial app lication in nuclear science and 25 engin eering , especially in the contc:2\.'tof the condi tion oHR 6 EH AMERICA!\ pVERSIGHT 461 CEQ050 FY18091_000000439 CEQ-18-0173-C-000499 459 1 (1) evaluat e th e facihties planni ng pr ocesses 2 utiliz ed by other physical science and engineering re- 3 search and development institution s, both in the 4 United States and abroad , that arc generally recog- 5 nized as being among th e best in the world, and con- 6 sider lww those processes might be adapted toward 7 developing such facilities plan ; 8 (2) avoid duplicating, moving, or tran sferr ing 9 nuclear science and engin eering facilities, equipm ent, 10 experti se, and other assets t hat cmTently exist at 11 other National Labo r ator ies ? ' 12 (3) consider the estab lishm ent of a nationa l 13 tran surani c anal ytic chemistry laboratory as a user 14 facility at the Idaho Natio nal Labo r atory; 15 (4) include a plan to develop, if feasib le, the 16 Advanced 'r est Reactor and Test Reactor Area into 17 a user facility that is mor e r eadily accessib le to aca- 18 demic and indu strial resea rchers; (5) consider the estab lishment of a fast neut ron 19 20 sour ce as a u ser facility; 21 (6) consider th e estab lishm ent of new "ho t 22 cells" and th e configurat ion of "h ot cells" most like- 23 ly to advance r esear ch , development , demonstra tion , 24 and commer cial app lication in nuclear science and 25 engin eering , especially in the contc:2\.'tof the condi tion oHR 6 EH AMERICA!\ pVERSIGHT 461 CEQ050 FY18091_000000439 CEQ-18-0173-C-000499 460 1 and availability of these facilities elsewhere m th e 2 Nationa l Laboratories; and 3 (7) include a timcline and a proposed budg et 4 for th e completion of deferred maint enan ce on plant 5 and equipment. 6 (b) TR ANSM ITT AL '110 C0NGRESS.-Not later tha n 7 one year after the date of enactment of thi s Act, the Sec8 retary sha]] t ransmit su ch plan to Congress. 9 10 SEC. 956. AUTHORIZATION OF APPROPRIATIONS. (a) PROGRAMAUTII0RIZATI0N. - Thc following sums 11 ar c authorized to be appropriated to the Secretary for the 12 purpo ses of carrying out thi s chapt er: 13 (1) $407,000,000 for fiscal year 2006. 14 (2) $427,000,000 for fiscal year 2007. 15 (3) $449,000,000 for fiscal year 2008 . 16 (4) $471,000,000 for fiscal year 2009. 17 (5) $495,000,000 for fiscal year 2010. 18 (b) UNIVERSITYSUPP0R'r.-Of the funds authori zed 19 und er subsection (a), the follm,ving sums arc authorized 20 to be appropriated to carry out section 949: 21 (1) $35,200,000 for fiscal year 2006. 22 (2) $44,350,000 for fiscal year 2007. 23 (3) $49,200,000 for fiscal year 2008. 24 (4) $55,000,000 for fiscal year 2009. 25 (5) $60,000,000 for fiscal year 20 10. oHR 6 EH AMERICA!\ pVERSIGHT 462 CEQ050FY18091 _000000439 CEQ-18-0173-C-000500 460 1 and availability of these facilities elsewhere m th e 2 Nationa l Laboratories; and 3 (7) include a timcline and a proposed budg et 4 for th e completion of deferred maint enan ce on plant 5 and equipment. 6 (b) TR ANSM ITT AL '110 C0NGRESS.-Not later tha n 7 one year after the date of enactment of thi s Act, the Sec8 retary sha]] t ransmit su ch plan to Congress. 9 10 SEC. 956. AUTHORIZATION OF APPROPRIATIONS. (a) PROGRAMAUTII0RIZATI0N. - Thc following sums 11 ar c authorized to be appropriated to the Secretary for the 12 purpo ses of carrying out thi s chapt er: 13 (1) $407,000,000 for fiscal year 2006. 14 (2) $427,000,000 for fiscal year 2007. 15 (3) $449,000,000 for fiscal year 2008 . 16 (4) $471,000,000 for fiscal year 2009. 17 (5) $495,000,000 for fiscal year 2010. 18 (b) UNIVERSITYSUPP0R'r.-Of the funds authori zed 19 und er subsection (a), the follm,ving sums arc authorized 20 to be appropriated to carry out section 949: 21 (1) $35,200,000 for fiscal year 2006. 22 (2) $44,350,000 for fiscal year 2007. 23 (3) $49,200,000 for fiscal year 2008. 24 (4) $55,000,000 for fiscal year 2009. 25 (5) $60,000,000 for fiscal year 20 10. oHR 6 EH AMERICA!\ pVERSIGHT 462 CEQ050FY18091 _000000439 CEQ-18-0173-C-000500 461 1 CHAPTER 2-NEXT GENERATION NUCLEAR PLANT PROGRAM 2 3 SEC. 957. DEFINITIONS. 4 For purpos es of thi s chapter : 5 (1) C0NSTRUCTI0N .-Th c term "constru ction " 6 mean s th e physical constru ction of th e demonstra- 7 tion plant, and the physical constru ction , pur chase, 8 or manufa ctur e of equipment or components that 9 arc specifically designed for th e demonstration plant , 10 but docs not mean th e design of the facility, cqmp- 11 mcnt , or component s. 12 (2) Dg _M0NS'l'RA' l'I0N PLANT.- 'fh e term '(dem- 13 onstra.tion plant " means an advanced fission reactor 14 p0vver plant constru cted and operated in accordance 15 with thi s chapte r. 16 (3) OPIDH A'l'I0N.-1 1 he term noperation " means 17 the operat ion of th e demonstration plant , including 18 genera l maint enan ce and provision of power, heating 19 and cooling, and other building services that ar c spc- 20 cifically for th e demonstra tion plant , but docs not 21 mean operations that support other activ:ibes co- 22 located with th e demonstration plant. 23 SEC. 958. NEXT GENERATION NUCLEAR POWER PLANT. 24 (a) IN GENl~RAL. -T hc Secretary shall conduct a 25 program of resear ch, development , demonstration , and oHR 6 EH AMERICA!\ pVERSIGHT 463 CEQ050FY18091 _000000439 CEQ-18-0173-C-000501 461 1 CHAPTER 2-NEXT GENERATION NUCLEAR PLANT PROGRAM 2 3 SEC. 957. DEFINITIONS. 4 For purpos es of thi s chapter : 5 (1) C0NSTRUCTI0N .-Th c term "constru ction " 6 mean s th e physical constru ction of th e demonstra- 7 tion plant, and the physical constru ction , pur chase, 8 or manufa ctur e of equipment or components that 9 arc specifically designed for th e demonstration plant , 10 but docs not mean th e design of the facility, cqmp- 11 mcnt , or component s. 12 (2) Dg _M0NS'l'RA' l'I0N PLANT.- 'fh e term '(dem- 13 onstra.tion plant " means an advanced fission reactor 14 p0vver plant constru cted and operated in accordance 15 with thi s chapte r. 16 (3) OPIDH A'l'I0N.-1 1 he term noperation " means 17 the operat ion of th e demonstration plant , including 18 genera l maint enan ce and provision of power, heating 19 and cooling, and other building services that ar c spc- 20 cifically for th e demonstra tion plant , but docs not 21 mean operations that support other activ:ibes co- 22 located with th e demonstration plant. 23 SEC. 958. NEXT GENERATION NUCLEAR POWER PLANT. 24 (a) IN GENl~RAL. -T hc Secretary shall conduct a 25 program of resear ch, development , demonstration , and oHR 6 EH AMERICA!\ pVERSIGHT 463 CEQ050FY18091 _000000439 CEQ-18-0173-C-000501 462 1 commer cial appli cati on of advanced nu clear fission r eactor 2 techn ology. rrhe OQjective of thi s pr ogr am shall be to dem3 onst rat e th e teclu1ical and economi c feasibility of an ad4 vanced nu clear fission r eactor power plant design for th e 5 comm er cial pr odu ction of elect ricity . 6 (b) R ESrnABCII J\ J'\jl) D rnvELOPMT?NT.- rrh e pro gTam 7 shall includ e r esear ch , development , desig11, planrun g, and 8 all oth er necessa ry activiti es to support th e const ru ction 9 and operati on of th e demon st rati on plan t . 10 (c) SUBSYSTEM DE M0NS'l'RA.TI0 NS.- rrh e Secr et ary 11 shall supp ort demonstr ati on of enablin g techn ologieR and 12 sub system s and oth er r esea r ch , developm ent , demonstra.13 tion , and commercial application activiti es necessa ry to 14 supp ort the activities in thi s chapte r. 15 (d) C 0 NS'l'R UC'l'I 0N J\J'\Tl) OP ERA' l'T0N .-Th e pro gr a m 16 shall ct1lminate in th e constru ction and operation of th e 17 demonst rati on plan t base d on a design select ed by th e Sec18 r etar y in accordan ce ?wit h pr ocedur es describ ed in th e plan 19 1?equir ed by section 960 (c) . 1.-"'l1 e demonstra t ion plant shall 20 be located and constru cted within the Unit ed Stat es and 21 shall be opera ti onal , and capable of demonstr atin g th e 22 comm er cial pr odu ction of electri city, by Decemb er 3 1, 23 2015. 24 (e) LIMYrATI0 N.- No fund s sh all be expend ed for th e 25 const ru ction or operati on of th e demonstr at ion plant until oHR 6 EH AMERICA!\ pVERSIGHT 464 CEQ050FY18091 _000000439 CEQ-18-0173-C-000502 462 1 commer cial appli cati on of advanced nu clear fission r eactor 2 techn ology. rrhe OQjective of thi s pr ogr am shall be to dem3 onst rat e th e teclu1ical and economi c feasibility of an ad4 vanced nu clear fission r eactor power plant design for th e 5 comm er cial pr odu ction of elect ricity . 6 (b) R ESrnABCII J\ J'\jl) D rnvELOPMT?NT.- rrh e pro gTam 7 shall includ e r esear ch , development , desig11, planrun g, and 8 all oth er necessa ry activiti es to support th e const ru ction 9 and operati on of th e demon st rati on plan t . 10 (c) SUBSYSTEM DE M0NS'l'RA.TI0 NS.- rrh e Secr et ary 11 shall supp ort demonstr ati on of enablin g techn ologieR and 12 sub system s and oth er r esea r ch , developm ent , demonstra.13 tion , and commercial application activiti es necessa ry to 14 supp ort the activities in thi s chapte r. 15 (d) C 0 NS'l'R UC'l'I 0N J\J'\Tl) OP ERA' l'T0N .-Th e pro gr a m 16 shall ct1lminate in th e constru ction and operation of th e 17 demonst rati on plan t base d on a design select ed by th e Sec18 r etar y in accordan ce ?wit h pr ocedur es describ ed in th e plan 19 1?equir ed by section 960 (c) . 1.-"'l1 e demonstra t ion plant shall 20 be located and constru cted within the Unit ed Stat es and 21 shall be opera ti onal , and capable of demonstr atin g th e 22 comm er cial pr odu ction of electri city, by Decemb er 3 1, 23 2015. 24 (e) LIMYrATI0 N.- No fund s sh all be expend ed for th e 25 const ru ction or operati on of th e demonstr at ion plant until oHR 6 EH AMERICA!\ pVERSIGHT 464 CEQ050FY18091 _000000439 CEQ-18-0173-C-000502 463 1 90 days have elapsed aft er th e tran s.mission of th e plan 2 described in section 960( c) . 3 SEC. 959 . ADVISORY COMMITTEE . 4 The Secretar y shall appoint a NeA't Generat ion Nu- 5 clear Power Plant Subcommittee of the Nuclear En ergy 6 Research Advisory CounciJ to provid e advice to th e Sec- 7 retar y on technical matt er s and pro gram mana gement for 8 th e duration of the program and constru ction proj ect 9 under this chapter. 10 11 SEC. 960. PROGRAM REQUIR EMENTS . (a) P AR'l'NERSIIIPS.- In ca1Tying out the program 12 und er thi s chapter , th e Secretary shall make use of part13 nerships vvith indu stry for th e research, development , de14 sig11, constru ction , and operation of the demonstratio n 15 plant. In establ ishing such partn erships, th e Secreta 1:y 16 shall give prefe rence to companies for which th e prin cipal 17 base of operations is locate d in the United States. 18 TION.-( 1) The Sec(b) INTERNATIONAL COLLABORA 19 1?eta ry shall seek internationa l cooperation , parti cipati on, 20 and financial contributi on in thi s progra1n, including as21 sistan ce from specialists or facilities from member coun 22 tri es of the Generation IV Int ernational Forum , th e Ru s- 23 sian Federation, or other int ernat ional partners where 24 such specialists or facilities provide access to cost-effective 25 and relevant skills or test capabilities. oHR 6 EH AMERICA!\ pVERSIGHT 465 CEQ050 FY18091_000000439 CEQ-18-0173-C-000503 463 1 90 days have elapsed aft er th e tran s.mission of th e plan 2 described in section 960( c) . 3 SEC. 959 . ADVISORY COMMITTEE . 4 The Secretar y shall appoint a NeA't Generat ion Nu- 5 clear Power Plant Subcommittee of the Nuclear En ergy 6 Research Advisory CounciJ to provid e advice to th e Sec- 7 retar y on technical matt er s and pro gram mana gement for 8 th e duration of the program and constru ction proj ect 9 under this chapter. 10 11 SEC. 960. PROGRAM REQUIR EMENTS . (a) P AR'l'NERSIIIPS.- In ca1Tying out the program 12 und er thi s chapter , th e Secretary shall make use of part13 nerships vvith indu stry for th e research, development , de14 sig11, constru ction , and operation of the demonstratio n 15 plant. In establ ishing such partn erships, th e Secreta 1:y 16 shall give prefe rence to companies for which th e prin cipal 17 base of operations is locate d in the United States. 18 (b) INTERNATIONAL COLLABORA TION.-( 1) The Sec- 19 1?eta ry shall seek internationa l cooperation , parti cipati on, 20 and financial contributi on in thi s progra1n, including as21 sistan ce from specialists or facilities from member coun 22 tri es of the Generation IV Int ernational Forum , th e Ru s- 23 sian Federation, or other int ernat ional partners where 24 such specialists or facilities provide access to cost-effective 25 and relevant skills or test capabilities. oHR 6 EH AMERICA!\ pVERSIGHT 465 CEQ050 FY18091_000000439 CEQ-18-0173-C-000503 464 1 (2) Int ernational activiti es shall be carri ed out in con- 2 sultation with the Generation IV Int ernational Forum. 3 (3) Th e program may include demonstration of se- 4 lected program objectives in a partner nation . 5 (c) PROGRAMPLA.1 ~ .- Not late r than one year aft er 6 th e dat e of enac tm ent of this Act, th e Secretary shall 7 tran smit to Congress a compr ehensive program plan. The 8 pro gram plan shall- 9 (1) describe the plan for development , selection, 10 mana gement , mi\rnership, operat ion, and decommis- 11 sioning of th e demonst ration plant; 12 13 (2) identify program mileston es and a timeline for achieving th ese milesto nes; 14 (3) provid e for development of ri sk-ba sed cri - 15 teria for any futuxe conunerciaJ development of a re - 16 acto r ar chit ectur e ba sed on that of th e dernonstra- 17 bon plant; 18 19 (4) include a projected bud get required to meet th e mileston es; and 20 ( 5) include an CA'}) lan at ion of any maJor pro- 21 gram decisions that deviat e from pro gram achrice 22 given to th e Secretary by th e advisory committ ee es- 23 ta blishecl und er section 959. oHR 6 EH AMERICA!\ pVERSIGHT 466 CEQ050FY18091 _000000439 CEQ-18-0173-C-000504 464 1 (2) Int ernational activiti es shall be carri ed out in con- 2 sultation with the Generation IV Int ernational Forum. 3 (3) Th e program may include demonstration of se- 4 lected program objectives in a partner nation . 5 (c) PROGRAMPLA.1 ~ .- Not late r than one year aft er 6 th e dat e of enac tm ent of this Act, th e Secretary shall 7 tran smit to Congress a compr ehensive program plan. The 8 pro gram plan shall- 9 (1) describe the plan for development , selection, 10 mana gement , mi\rnership, operat ion, and decommis- 11 sioning of th e demonst ration plant; 12 13 (2) identify program mileston es and a timeline for achieving th ese milesto nes; 14 (3) provid e for development of ri sk-ba sed cri - 15 teria for any futuxe conunerciaJ development of a re - 16 acto r ar chit ectur e ba sed on that of th e dernonstra- 17 bon plant; 18 19 (4) include a projected bud get required to meet th e mileston es; and 20 ( 5) include an CA'}) lan at ion of any maJor pro- 21 gram decisions that deviat e from pro gram achrice 22 given to th e Secretary by th e advisory committ ee es- 23 ta blishecl und er section 959. oHR 6 EH AMERICA!\ pVERSIGHT 466 CEQ050FY18091 _000000439 CEQ-18-0173-C-000504 465 1 SEC. 961. AUTHORIZATION OF APPROPRIATIONS. 2 3 (a) RESEARCH, DEVELOPMEN'l', 1 T he GHAiVIS.- AND DESIGN PR0 - following sum s are aut horized to be app r o- 4 p1"iate d to th e Secretar y for the purpo ses of carrying out 5 this chapt er except for th e demonst rat ion plant activiti es 6 described in su bsection (b) : 7 (1) For fiscal year 2006 , $150,000 ,000. 8 (2) For fiscal year 2007 , $150,000 ,000. 9 (3) Fo r fiscal year 200 8, $150,000 ,000. 10 (4) Fo r fiscal year 2009, $150,000 ,000. 11 (5) For fiscal year 2010 , $150 ,000 ,000. 12 (b) REACTORCONSTRUCTION.- Th cre ar c au thor ized 13 to be appropriated t o th e Secretary such sum s as may be 14 necessary for operation and constru ction of th e dem15 onstr ation plant und er thi s chapt er. Th e Secretar y shall 16 not spend more than $500, 000 ,000 for demonstration 17 plant r eactor constru ction activiti es und er thi s chapt er. 18 19 Subtitle F-Fossil CHAPTER I-RESEARCH Energy PROGRAMS 20 SEC. 962. ENHANCED FOSSIL ENERGY RESEARCH AND DE 21 22 VELOPMENT PROGRAMS. (a) I N GENERAL.- Th e Secret ary shall , in conjun c- 23 tion with indu stry, condu ct fossil ener gy r esear ch , develop24 ment , demonst rat ion , and commercial app lication s pro 25 grams, includin g activ ities und er thi s ch apter, with th e 26 goal of improvi ng t he efficiency, effectiveness, and envioHR 6 EH AMERICA!\ pVERSIGHT 467 CEQ050FY18091_000000439 CEQ-18-0173-C-000505 465 1 SEC. 961. AUTHORIZATION OF APPROPRIATIONS. 2 3 (a) RESEARCH, DEVELOPMEN'l', 1 T he GHAiVIS.- AND DESIGN PR0 - following sum s are aut horized to be app r o- 4 p1"iate d to th e Secretar y for the purpo ses of carrying out 5 this chapt er except for th e demonst rat ion plant activiti es 6 described in su bsection (b) : 7 (1) For fiscal year 2006 , $150,000 ,000. 8 (2) For fiscal year 2007 , $150,000 ,000. 9 (3) Fo r fiscal year 200 8, $150,000 ,000. 10 (4) Fo r fiscal year 2009, $150,000 ,000. 11 (5) For fiscal year 2010 , $150 ,000 ,000. 12 (b) REACTORCONSTRUCTION.- Th cre ar c au thor ized 13 to be appropriated t o th e Secretary such sum s as may be 14 necessary for operation and constru ction of th e dem15 onstr ation plant und er thi s chapt er. Th e Secretar y shall 16 not spend more than $500, 000 ,000 for demonstration 17 plant r eactor constru ction activiti es und er thi s chapt er. 18 19 Subtitle F-Fossil CHAPTER I-RESEARCH Energy PROGRAMS 20 SEC. 962. ENHANCED FOSSIL ENERGY RESEARCH AND DE 21 22 VELOPMENT PROGRAMS. (a) I N GENERAL.- Th e Secret ary shall , in conjun c- 23 tion with indu stry, condu ct fossil ener gy r esear ch , develop24 ment , demonst rat ion , and commercial app lication s pro 25 grams, includin g activ ities und er thi s ch apter, with th e 26 goal of improvi ng t he efficiency, effectiveness, and envioHR 6 EH AMERICA!\ pVERSIGHT 467 CEQ050FY18091_000000439 CEQ-18-0173-C-000505 466 1 r onme11taJ perform ance of fossil ener gy production, up- 2 gTading, conversion, and consumption. Such pro gram s 3 shal l be focu sed on4 ( 1) incr easing t he convers10n efficiency of all 5 form s of fossil energy thro ugh impro ved t ech- 6 nologies; (2) decr easing the cost of all fossil energy pro - 7 8 duction , generation , and delivery; (3) promotin g diversity of energy supply; 9 ( 4) decrea sing th e Nat ion's dependence on for- 10 11 eign energy suppli es; 12 (5) imprmring United Stat es ener gy securit y; 13 (6) decreasing the environm ental impa ct of en- 14 ergy -relat ed acti,rities ; and 15 (7) increasing th e ex.port of fossil energ_ y -relat ed 16 equipm ent, techn ology, and senrices from the United 17 Stat es . 18 (b) GOALS.- 19 ( 1) INITIAL GOALS.- ln accordan ce ,-vith the 20 performan ce plan and repor t r equir ement s in section 21 4 of the Governm ent P erforman ce Result s Act of 22 1993, the Secretary shall tran smit to the Congr ess, 23 along virith the Pr esident' s an nu al bud get request for 24 fiscal year 2007 , a report containing out come meas- 25 ur es with explicitly stat ed cost and performan ce oHR 6 EH AMERICA!\ pVERSIGHT 468 CEQ050FY18091 _000000439 CEQ-18-0173-C-000506 466 1 r onme11taJ perform ance of fossil ener gy production, up- 2 gTading, conversion, and consumption. Such pro gram s 3 shal l be focu sed on4 ( 1) incr easing t he convers10n efficiency of all 5 form s of fossil energy thro ugh impro ved t ech- 6 nologies; (2) decr easing the cost of all fossil energy pro - 7 8 duction , generation , and delivery; (3) promotin g diversity of energy supply; 9 ( 4) decrea sing th e Nat ion's dependence on for- 10 11 eign energy suppli es; 12 (5) imprmring United Stat es ener gy securit y; 13 (6) decreasing the environm ental impa ct of en- 14 ergy -relat ed acti,rities ; and 15 (7) increasing th e ex.port of fossil energ_ y -relat ed 16 equipm ent, techn ology, and senrices from the United 17 Stat es . 18 (b) GOALS.- 19 ( 1) INITIAL GOALS.- ln accordan ce ,-vith the 20 performan ce plan and repor t r equir ement s in section 21 4 of the Governm ent P erforman ce Result s Act of 22 1993, the Secretary shall tran smit to the Congr ess, 23 along virith the Pr esident' s an nu al bud get request for 24 fiscal year 2007 , a report containing out come meas- 25 ur es with explicitly stat ed cost and performan ce oHR 6 EH AMERICA!\ pVERSIGHT 468 CEQ050FY18091 _000000439 CEQ-18-0173-C-000506 467 1 baselines. The measures shall specify production or 2 efficiency performance goals, with quantifiable 5- 3 year cost and energy savings target levels, for fossil 4 energy, and any other such goals the Secretary con- 5 siders appropriate . 6 (2) SuBSEQl EN'l' 'l'RANSi\fl'l"l' ALS.- Th e Sec- 7 retary shall tran smit to the CongTess, along v,rith the 8 Pr esident 's annuaJ budget request for each fiscal 9 year aft er 2007, a report containing - 10 (A) a description, including quantitative 11 ana lysis, of progress in achieving performan ce 12 goals transmitted und er paragraph (1) , as com- 13 pared to the baselines tran smitt ed und er para- 14 graph (l); and 15 16 (B) any arnencbuents to such goals . (c) COVhREDAcrrrvrrrns.-rrhe Secretary sha]l en- 17 sure that the goals stated in subsection (b) are illustrat ive 18 of the outcomes necessary to promote acceptance of the 19 programs' effort s in the mai?ketplace, but at a minimum 20 shall encornpass th e following areas: 21 (1) Coal gasifiers. 22 (2) Turbin e generator s, includin g both natural 23 gas and syngas fueled. oHR 6 EH AMERICA!\ pVERSIGHT 469 CEQ050FY18091 _000000439 CEQ-18-0173-C-000507 467 1 baselines. The measures shall specify production or 2 efficiency performance goals, with quantifiable 5- 3 year cost and energy savings target levels, for fossil 4 energy, and any other such goals the Secretary con- 5 siders appropriate . 6 (2) SuBSEQl EN'l' 'l'RANSi\fl'l"l' ALS.- Th e Sec- 7 retary shall tran smit to the CongTess, along v,rith the 8 Pr esident 's annuaJ budget request for each fiscal 9 year aft er 2007, a report containing - 10 (A) a description, including quantitative 11 ana lysis, of progress in achieving performan ce 12 goals transmitted und er paragraph (1) , as com- 13 pared to the baselines tran smitt ed und er para- 14 graph (l); and 15 16 (B) any arnencbuents to such goals . (c) COVhREDAcrrrvrrrns.-rrhe Secretary sha]l en- 17 sure that the goals stated in subsection (b) are illustrat ive 18 of the outcomes necessary to promote acceptance of the 19 programs' effort s in the mai?ketplace, but at a minimum 20 shall encornpass th e following areas: 21 (1) Coal gasifiers. 22 (2) Turbin e generator s, includin g both natural 23 gas and syngas fueled. oHR 6 EH AMERICA!\ pVERSIGHT 469 CEQ050FY18091 _000000439 CEQ-18-0173-C-000507 468 1 (3) O:>.. 'ygen separation devices, hydrogen sepa- 2 ration devices, and carbon dioxide separation tech- 3 nologics. 4 (4) Coal gas and post -combustion cn11ss1on 5 cleanup and disposal equipm ent , including carbon di- 6 oxide capture and disposal equipm ent. 7 (5) Average per-foot drillin g cost s for oiJ and 8 gas, segreg at ed by appropriate drilling regimes, in- 9 eluding onshore versus offshore and depth cat- 10 egon cs. (6) Produ ction of liquid fuels fTom nontradi- 11 12 tional feedstocks, in cluding syngas, biomass, rneth- 13 ane, and combination s th ereof. 14 (7) En vironm ental dischar ge per barrel of oil or 15 oil-eqtuvalent produ ction , includ ing reinjected waste. 16 (8) Surface disturban ce on both a per-well and 17 per-barrel of oil or oil-equivalent production ba sis. 18 (d) P UBLIC l NPUT.- Th e Secretary shall consider ad- 19 vice from indu str y, universities, and other int erested par- 20 tics through seeking comment s in the F ederal Register 21 and other means before tran smittin g each report und er 22 sub section (b). 23 SEC. 963. FOSSIL RESEARCH AND DEVELOPMENT. 24 (a) OB,TECTIVES.- 'l1hc Secretar y shall conduct a pro - 25 gram of fossil research, development, demonstrat ion , and oHR 6 EH AMERICA!\ pVERSIGHT 470 CEQ050FY18091 _000000439 CEQ-18-0173-C-000508 468 1 (3) O:>.. 'ygen separation devices, hydrogen sepa- 2 ration devices, and carbon dioxide separation tech- 3 nologics. 4 (4) Coal gas and post -combustion cn11ss1on 5 cleanup and disposal equipm ent , including carbon di- 6 oxide capture and disposal equipm ent. 7 (5) Average per-foot drillin g cost s for oiJ and 8 gas, segreg at ed by appropriate drilling regimes, in- 9 eluding onshore versus offshore and depth cat- 10 egon cs. (6) Produ ction of liquid fuels fTom nontradi- 11 12 tional feedstocks, in cluding syngas, biomass, rneth- 13 ane, and combination s th ereof. 14 (7) En vironm ental dischar ge per barrel of oil or 15 oil-eqtuvalent produ ction , includ ing reinjected waste. 16 (8) Surface disturban ce on both a per-well and 17 per-barrel of oil or oil-equivalent production ba sis. 18 (d) P UBLIC l NPUT.- Th e Secretary shall consider ad- 19 vice from indu str y, universities, and other int erested par- 20 tics through seeking comment s in the F ederal Register 21 and other means before tran smittin g each report und er 22 sub section (b). 23 SEC. 963. FOSSIL RESEARCH AND DEVELOPMENT. 24 (a) OB,TECTIVES.- 'l1hc Secretar y shall conduct a pro - 25 gram of fossil research, development, demonstrat ion , and oHR 6 EH AMERICA!\ pVERSIGHT 470 CEQ050FY18091 _000000439 CEQ-18-0173-C-000508 469 1 commer cial application, v;rhose objective shall be to reduce 2 emissions from fossil fuel use by developing technologies, 3 including pr ecombustion technologies, by 2015 with the 4 capability of(1) dramati cally increasing electricity gener- 5 6 ating efficiencies of coal and natu.ral gas; 7 8 (2) improving combined heat and power th ermal efficiencies; 9 10 (3) improving fuels utilization efficiency of production of liquid transpo rtatio n fuels from coal; 11 (4) achieving near-zero emissions of mercury 12 and of emissions th at form fine parti cles, smog, and 13 acid rain? ' 14 ( 5) reducing carbon dio)cide en11ss1ons by at 15 least 40 percent through efficiency improvernents 16 and by 100 percent v,rith sequestration; and 17 (6) irnprovcd reliability, efficiency, reduction s of 18 air pollutant emissions, and reductions in solid waste 19 disposal requi1?cmcnt s . 20 (b) COAL-BASED PROJECTS.- Tbc coal-based 21 proj ects author ized und er this section shall be consistent 22 v;rith the oqjective stat ed in subsection (a) . 'rh e program 23 shall empha size carbon capture and sequestration tech24 nologics and gasificat ion technologies, including gasifi25 cation combined cycle, gasificatio n fuel cells, gasificat ion oHR 6 EH AMERICA!\ pVERSIGHT 471 CEQ050FY18091 _000000439 CEQ-18-0173-C-000509 469 1 commer cial application, v;rhose objective shall be to reduce 2 emissions from fossil fuel use by developing technologies, 3 including pr ecombustion technologies, by 2015 with the 4 capability of(1) dramati cally increasing electricity gener- 5 6 ating efficiencies of coal and natu.ral gas; 7 8 (2) improving combined heat and power th ermal efficiencies; 9 10 (3) improving fuels utilization efficiency of production of liquid transpo rtatio n fuels from coal; 11 (4) achieving near-zero emissions of mercury 12 and of emissions th at form fine parti cles, smog, and 13 acid rain? ' 14 ( 5) reducing carbon dio)cide en11ss1ons by at 15 least 40 percent through efficiency improvernents 16 and by 100 percent v,rith sequestration; and 17 (6) irnprovcd reliability, efficiency, reduction s of 18 air pollutant emissions, and reductions in solid waste 19 disposal requi1?cmcnt s . 20 (b) COAL-BASED PROJECTS.- Tbc coal-based 21 proj ects author ized und er this section shall be consistent 22 v;rith the oqjective stat ed in subsection (a) . 'rh e program 23 shall empha size carbon capture and sequestration tech24 nologics and gasificat ion technologies, including gasifi25 cation combined cycle, gasificatio n fuel cells, gasificat ion oHR 6 EH AMERICA!\ pVERSIGHT 471 CEQ050FY18091 _000000439 CEQ-18-0173-C-000509 470 1 coproduction, hybrid gasification/ combust ion, or other 2 technologies ?with the potential to addr ess th e capa bilities 3 described in paragraphs (4) and (5) of subsection (a) . 4 SEC. 964. OIL AND GAS RESEARCH AND DEVELOPMENT . 5 The Secretary shall condu ct a program of oil and gas 6 research, development, demonst ration, and commercial ap - 7 plicat ion, whose objective sha11be to advance th e science 8 and teclmolog.yavailable to domestic petro leum produ cers, 9 part icularly independent ope1?ators, to minimize th e eco10 nomic dislocation caused by th e decline of domestic sup11 plies of oil and natural gas resour ces by focusing research 12 011- 13 ( 1) assisting small domestic produ cers of oil 14 and gas to develop new and impr oved technologi es to 15 discover and extra ct additional supplies; 16 17 (2) developing technologies to extract methane hydr ates in an environmentally sound mann er ; 18 (3) imprm~ng th e ability of th e domestic indu s- 19 try to extract hydrocarb ons fr om kno-wn reservoirs 20 and classes of reservoirs; and 21 (4) reducing th e cost, and improving the effi- 22 ciency and environmental perforrnance, of oil and 23 gas explorat ion and e:xtraction activities, focusing es- 24 pecially on un conventional sour ces such as tar sands, 25 heavy oil, and shale oil. oHR 6 EH AMERICA!\ pVERSIGHT 472 CEQ050FY18091 _000000439 CEQ-18-0173-C-000510 470 1 coproduction, hybrid gasification/ combust ion, or other 2 technologies ?with the potential to addr ess th e capa bilities 3 described in paragraphs (4) and (5) of subsection (a) . 4 SEC. 964. OIL AND GAS RESEARCH AND DEVELOPMENT . 5 The Secretary shall condu ct a program of oil and gas 6 research, development, demonst ration, and commercial ap - 7 plicat ion, whose objective sha11be to advance th e science 8 and teclmolog.yavailable to domestic petro leum produ cers, 9 part icularly independent ope1?ators, to minimize th e eco10 nomic dislocation caused by th e decline of domestic sup11 plies of oil and natural gas resour ces by focusing research 12 011- 13 ( 1) assisting small domestic produ cers of oil 14 and gas to develop new and impr oved technologi es to 15 discover and extra ct additional supplies; 16 17 (2) developing technologies to extract methane hydr ates in an environmentally sound mann er ; 18 (3) imprm~ng th e ability of th e domestic indu s- 19 try to extract hydrocarb ons fr om kno-wn reservoirs 20 and classes of reservoirs; and 21 (4) reducing th e cost, and improving the effi- 22 ciency and environmental perforrnance, of oil and 23 gas explorat ion and e:xtraction activities, focusing es- 24 pecially on un conventional sour ces such as tar sands, 25 heavy oil, and shale oil. oHR 6 EH AMERICA!\ pVERSIGHT 472 CEQ050FY18091 _000000439 CEQ-18-0173-C-000510 471 1 SEC. 965. TRANSPOR TATION FUE LS. 2 The Secretary shall conduct a program of transpor - 3 tation fuels r esear ch, development, demonstration, and 4 commercia l applicat ion, v;rhose OQjectivc shall be to in5 crea se the price elasti city of oil supply and demand by fo6 cu sing research on7 8 (1) reducing the cost of produ cing tran sportabon fuels from coal and natural gas; and 9 (2) indir ect liquefaction of coal and biomass . 10 SEC. 966 . FUEL CELLS . 11 (a) PROGRAlVI .-' rI1e Secretary shall condu ct a pro- 12 gram of resear ch, development , demonstrat ion, and com13 mercial application of fuel cells for low-cost, high-effi14 ciency, fuel-flexible, modular power systems. 15 (b) DEMONSTRATION.- The program und er this sec- 16 tion shall include demonstration of fuel cell proton ex17 chan ge membrane tecl1nology for commercial, residentia l, 18 and tran sportation application s, and distr ibut ed genera19 tion systems, u tilizing improved manufa cturin g produ ction 20 and p1?ocesses. 21 SEC. 967 . CARBON DIOXIDE CAPTURE RESEARCH AND DE 22 23 VELOPMENT . (a) PROGRAi\L-Th e Secreta ry of En ergy sha]] sup- 24 port a 10-year program of resear ch and development 25 aimed at developing carbon dioxide captur e technologies oHR 6 EH AMERICA!\ pVERSIGHT 473 CEQ050 FY18091_000000439 CEQ-18-0173-C-000511 471 1 SEC. 965. TRANSPOR TATION FUE LS. 2 The Secretary shall conduct a program of transpor - 3 tation fuels r esear ch, development, demonstration, and 4 commercia l applicat ion, v;rhose OQjectivc shall be to in5 crea se the price elasti city of oil supply and demand by fo6 cu sing research on7 8 (1) reducing the cost of produ cing tran sportabon fuels from coal and natural gas; and 9 (2) indir ect liquefaction of coal and biomass . 10 SEC. 966 . FUEL CELLS . 11 (a) PROGRAlVI .-' rI1e Secretary shall condu ct a pro- 12 gram of resear ch, development , demonstrat ion, and com13 mercial application of fuel cells for low-cost, high-effi14 ciency, fuel-flexible, modular power systems. 15 (b) DEMONSTRATION.- The program und er this sec- 16 tion shall include demonstration of fuel cell proton ex17 chan ge membrane tecl1nology for commercial, residentia l, 18 and tran sportation application s, and distr ibut ed genera19 tion systems, u tilizing improved manufa cturin g produ ction 20 and p1?ocesses. 21 SEC. 967 . CARBON DIOXIDE CAPTURE RESEARCH AND DE 22 23 VELOPMENT . (a) PROGRAi\L-Th e Secreta ry of En ergy sha]] sup- 24 port a 10-year program of resear ch and development 25 aimed at developing carbon dioxide captur e technologies oHR 6 EH AMERICA!\ pVERSIGHT 473 CEQ050 FY18091_000000439 CEQ-18-0173-C-000511 472 1 for pulver ized coal combustion unit s. The program shall 2 focus on(1) developing add -on carbon dioxide captur e 3 4 technologfos, such as adsorption and absorption 5 techniques and chemical processes, to remove carbon 6 clioxide from 7 str eams of carbon dioxide potent ialJy amenab le to se- 8 quest ration ; flue gas , produci ng concentrated 9 (2) combustion t echnologies that would directly 10 produ ce concentrat ed str eams of carbon dioxide po- lI tentially amenable to sequestration; and 12 (3) incr easing th e eff'icjency of th e overa11com- 13 bustion system in order to reduce th e amount of car - 14 bon dioxide emissions released from t he system per 15 megawatt generat ed. 16 (b) CARBON SEQUES'l'HJ\'l'!ON.-ln conjunction with 17 th e pro gra m unde r subsection (a), the Secretary shall con18 tinue pursuing a robust carbon sequestrat ion program 19 ?with the privat e sector , throug h regional carbon sequestra- 20 tion partn ersh ips. 21 SEC. 968. AUTHORIZATION OF AP PR OPRIATIONS . 22 (a) IN GENERAL.-' f h c foll m-v:ingsums are author- 23 ized to be appropriated to the Secretary for the puq)o ses 24 of carr ying out thi s chapt er : 25 (1) F or fiscal year 2006, $583,000,000. oHR 6 EH AMERICA!\ pVERSIGHT 474 CEQ050 FY18091_000000439 CEQ-18-0173-C-000512 472 1 for pulver ized coal combustion unit s. The program shall 2 focus on(1) developing add -on carbon dioxide captur e 3 4 technologfos, such as adsorption and absorption 5 techniques and chemical processes, to remove carbon 6 clioxide from 7 str eams of carbon dioxide potent ialJy amenab le to se- 8 quest ration ; flue gas , produci ng concentrated 9 (2) combustion t echnologies that would directly 10 produ ce concentrat ed str eams of carbon dioxide po- lI tentially amenable to sequestration; and 12 (3) incr easing th e eff'icjency of th e overa11com- 13 bustion system in order to reduce th e amount of car - 14 bon dioxide emissions released from t he system per 15 megawatt generat ed. 16 (b) CARBON SEQUES'l'HJ\'l'!ON.-ln conjunction with 17 th e pro gra m unde r subsection (a), the Secretary shall con18 tinue pursuing a robust carbon sequestrat ion program 19 ?with the privat e sector , throug h regional carbon sequestra- 20 tion partn ersh ips. 21 SEC. 968. AUTHORIZATION OF AP PR OPRIATIONS . 22 (a) IN GENERAL.-' f h c foll m-v:ingsums are author- 23 ized to be appropriated to the Secretary for the puq)o ses 24 of carr ying out thi s chapt er : 25 (1) F or fiscal year 2006, $583,000,000. oHR 6 EH AMERICA!\ pVERSIGHT 474 CEQ050 FY18091_000000439 CEQ-18-0173-C-000512 473 1 (2) For fiscal year 2007 , $6 ] 1,000 ,000 . 2 (3) Fo r fiscal year 2008 , $626, 000 ,000. 3 (4) For fiscal year 200 9, $64 1,000 ,000. 4 (5) For fiscal year 2010 , $657,0 00 ,000. 5 (b) ALLO CA'l'IO N .- From amounts authoriz ed und er 6 subsection (a), th ere ar e authoriz ed to be appropriated for 7 car rying out the progTarn und er section 9678 (1) $20 ,000 ,000 for fiscal year 2006 ; 9 (2) $25,000, 000 for fiscal year 2007; 10 (3) $30 ,000 ,000 for fiscal year 2008; 11 (4) $35,0 00 ,000 for fiscal year 20 09 ; and 12 (5) $40, 000 ,000 for fiscal year 2010. 13 SEC. 968A. 14 15 WESTERN MICHIGAN DEMONSTRATI ON PROJECT. The AdmiJustrator of th e Environm ental Prot ection 16 Agency, in consultation with the Stat e of 1\/ Gchigan and 17 affected local officials, shall conduct a demonstration 18 project to addr ess th e effect of tra nsport ed ozone and 19 ozone precu rsors in Southw estern 1\/ Iichigan. ~r hc dcm- 20 onst rati on progTam shall address projected nonattairun ent 21 ar eas in South western 1\/Iichigan that include counti es with 22 design values for ozone of less than .095 based on years 23 2000 to 200 2 or th e most Ctffr ent 3-year period of air 24 qualit y data. The Admini strator shall assess any difficul25 tics such areas may mq::>e ricnce in meeting the 8 hour na- oHR 6 EH AMERICA!\ pVERSIGHT 475 CEQ050FY18091 _000000439 CEQ-18-0173-C-000513 473 1 (2) For fiscal year 2007 , $6 ] 1,000 ,000 . 2 (3) Fo r fiscal year 2008 , $626, 000 ,000. 3 (4) For fiscal year 200 9, $64 1,000 ,000. 4 (5) For fiscal year 2010 , $657,0 00 ,000. 5 (b) ALLO CA'l'IO N .- From amounts authoriz ed und er 6 subsection (a), th ere ar e authoriz ed to be appropriated for 7 car rying out the progTarn und er section 9678 (1) $20 ,000 ,000 for fiscal year 2006 ; 9 (2) $25,000, 000 for fiscal year 2007; 10 (3) $30 ,000 ,000 for fiscal year 2008; 11 (4) $35,0 00 ,000 for fiscal year 20 09 ; and 12 (5) $40, 000 ,000 for fiscal year 2010. 13 SEC. 968A. 14 15 WESTERN MICHIGAN DEMONSTRATI ON PROJECT. The AdmiJustrator of th e Environm ental Prot ection 16 Agency, in consultation with the Stat e of 1\/ Gchigan and 17 affected local officials, shall conduct a demonstration 18 project to addr ess th e effect of tra nsport ed ozone and 19 ozone precu rsors in Southw estern 1\/ Iichigan. ~r hc dcm- 20 onst rati on progTam shall address projected nonattairun ent 21 ar eas in South western 1\/Iichigan that include counti es with 22 design values for ozone of less than .095 based on years 23 2000 to 200 2 or th e most Ctffr ent 3-year period of air 24 qualit y data. The Admini strator shall assess any difficul25 tics such areas may mq::>e ricnce in meeting the 8 hour na- oHR 6 EH AMERICA!\ pVERSIGHT 475 CEQ050FY18091 _000000439 CEQ-18-0173-C-000513 474 1 tional ambi ent air quality standard for ozone due to th e 2 effect of transported ozone or ozone pr ecur sor s into th e 3 ar eas . The Aclmiuistrator sh all work with State and local 4 officials to determin e the extent of ozone and ozone pr e5 cur sor tr ansport, to assess alternatives to achieve cornpli6 ance with th e 8 hotli' standard apart from local control s, 7 and to dete rmin e th e tin1efra me in which such compli ance 8 could tak e place. Th e Administrator shall complete this 9 demonst ration proj ect no lat er than 2 year s aft er the dat e 10 of ena ctm ent of t his sectio n and shall not impo se any r e11 quir ement or sanction that migh t otherwis e app ly dur ing 12 the pendency of the dem onst ration project. 13 SEC. 968B. WESTERN HEMISPHERE ENERGY COOPERATION. 14 (a) PR0GRAM.-'11h e Secretary shall carr y out a pro- 15 gTam to prom ote coopera tion on energy issues with \Vest 16 ern H emisph ere countri es . 17 (b) Acnvrrrrns.-Under th e program, the Secreta ry 18 shall fund activit ies to work with vVestern H emisph ere 19 countri es to(1) assist 20 th e countri es in formulating and 21 adopt ing chan ges in economic policies and oth er poli- 22 cies to- 23 (A) increa se th e pro du ction of energy sup- 24 plies; and 25 (B ) improve ener gy efficiency; and oHR 6 EH AMERICA!\ pVERSIGHT 476 CEQ050FY18091 _000000439 CEQ-18-0173-C-000514 474 1 tional ambi ent air quality standard for ozone due to th e 2 effect of transported ozone or ozone pr ecur sor s into th e 3 ar eas . The Aclmiuistrator sh all work with State and local 4 officials to determin e the extent of ozone and ozone pr e5 cur sor tr ansport, to assess alternatives to achieve cornpli6 ance with th e 8 hotli' standard apart from local control s, 7 and to dete rmin e th e tin1efra me in which such compli ance 8 could tak e place. Th e Administrator shall complete this 9 demonst ration proj ect no lat er than 2 year s aft er the dat e 10 of ena ctm ent of t his sectio n and shall not impo se any r e11 quir ement or sanction that migh t otherwis e app ly dur ing 12 the pendency of the dem onst ration project. 13 SEC. 968B. WESTERN HEMISPHERE ENERGY COOPERATION. 14 (a) PR0GRAM.-'11h e Secretary shall carr y out a pro- 15 gTam to prom ote coopera tion on energy issues with \Vest 16 ern H emisph ere countri es . 17 (b) Acnvrrrrns.-Under th e program, the Secreta ry 18 shall fund activit ies to work with vVestern H emisph ere 19 countri es to(1) assist 20 th e countri es in formulating and 21 adopt ing chan ges in economic policies and oth er poli- 22 cies to- 23 (A) increa se th e pro du ction of energy sup- 24 plies; and 25 (B ) improve ener gy efficiency; and oHR 6 EH AMERICA!\ pVERSIGHT 476 CEQ050FY18091 _000000439 CEQ-18-0173-C-000514 47 5 1 (2) a ssist in th e development and tran sfer of 2 ener gy suppl y and efficiency technologies that would 3 have a beneficial impa ct on world energy mark ets. 4 (c) UNIVERSITY PARTICIPATION.- To the ext ent 5 pr act icable, th e Secr etar y shall carr y out th e program 6 und er thi s section with th e participation of uni ver siti es so 7 as to tak e advanta ge of th e acceptan ce of univ er siti es by 8 \\Testern H emispher e countri es as sour ces of unbi ase d 9 techni cal and policy mq)erti se when assisting th e Secretar y 10 m11 (1) evaluatin g new technolo gies; 12 (2) resolving techni cal issue s; 13 (3) v,rorkin g ,,., rith tho se countri es in th e develop- 14 ment of new policies ; and 15 (4) trainin g poh cynlak er s, parti cu]arly in th e 16 case of univer sit ies th at involve th e parti cipation of 17 1ninor ity stud ent s, such as Ili sparu c-servin g in stitu- 18 tion s and Hi storically Bla ck Colleges and Univer - 19 siti es. 20 (d) AUTHORIZATIO N OF APPROPRIATIO NS.- Th ere 21 ar e authori zed to be appropriat ed to carr y out th is 22 section- 23 (1) $8,000 ,000 for fiscal yea r 2006; 24 (2) $10 ,000 ,000 for fiscal year 2007; 25 (3) $13,000 ,000 for fiscal year 200 8; oHR 6 EH AMERICA!\ pVERSIGHT 477 CEQ050FY18091_000000439 CEQ-18-0173-C-000515 47 5 1 (2) a ssist in th e development and tran sfer of 2 ener gy suppl y and efficiency technologies that would 3 have a beneficial impa ct on world energy mark ets. 4 (c) UNIVERSITY PARTICIPATION.- To the ext ent 5 pr act icable, th e Secr etar y shall carr y out th e program 6 und er thi s section with th e participation of uni ver siti es so 7 as to tak e advanta ge of th e acceptan ce of univ er siti es by 8 \\Testern H emispher e countri es as sour ces of unbi ase d 9 techni cal and policy mq)erti se when assisting th e Secretar y 10 m11 (1) evaluatin g new technolo gies; 12 (2) resolving techni cal issue s; 13 (3) v,rorkin g ,,., rith tho se countri es in th e develop- 14 ment of new policies ; and 15 (4) trainin g poh cynlak er s, parti cu]arly in th e 16 case of univer sit ies th at involve th e parti cipation of 17 1ninor ity stud ent s, such as Ili sparu c-servin g in stitu- 18 tion s and Hi storically Bla ck Colleges and Univer - 19 siti es. 20 (d) AUTHORIZATIO N OF APPROPRIATIO NS.- Th ere 21 ar e authori zed to be appropriat ed to carr y out th is 22 section- 23 (1) $8,000 ,000 for fiscal yea r 2006; 24 (2) $10 ,000 ,000 for fiscal year 2007; 25 (3) $13,000 ,000 for fiscal year 200 8; oHR 6 EH AMERICA!\ pVERSIGHT 477 CEQ050FY18091_000000439 CEQ-18-0173-C-000515 476 1 ( 4) $16,000,000 for fiscal year 2009; and 2 (5) $19,000,000 for fiscal year 2010. 3 SEC. 968C. ARCTIC ENGINEERING RESEARCH CENTER. 4 (a) I N GENERAL.-The Secret ary of En ergy (referred 5 to in this section as the "Sec ret ary") in consultation with 6 the Secretar y of Transportation and the United States 7 Arctic Resear ch Commission shal l 1)rovide annua l grant s 8 to a university located adjac ent to the Arctic En erg_y Of- 9 fice of the Departm ent of En ergy, to est ablish and operate 10 a university research cent er to be headquart er ed in Fair11 banks and to be known as the "Ar ctic En gineering Re- 12 sear ch Cent er" (referred to in thi s section as th e "Cen13 ter") . 14 (b) P URP0SE.-'l111e purpo se of the Cent er shall be 15 to conduct research on, and develop impr oved methods of, 16 constru ction and use of materials to improve the overall 17 perforrn.ance of road s, bridges, residential , con1mercial, 18 and indu strial stru ctur es, and other infrastructu re in the 19 Arctic region, v\rith an empha sis on developing- 20 ( 1) new constru ction tecluuqucs for roads, 21 brid ges, rail, and related transportation infrastr uc- 22 tu re ru1d residential , commercial, and indu strial in- 23 frast ructure that aJ?e capable of ?withstandi ng the 24 Arct ic en,rironment and using limited energy re- 25 sources as efficiently as possible; oHR 6 EH AMERICA!\ pVERSIGHT 478 CEQ050FY18091 _000000439 CEQ-18-0173-C-000516 476 1 ( 4) $16,000,000 for fiscal year 2009; and 2 (5) $19,000,000 for fiscal year 2010. 3 SEC. 968C. ARCTIC ENGINEERING RESEARCH CENTER. 4 (a) I N GENERAL.-The Secret ary of En ergy (referred 5 to in this section as the "Sec ret ary") in consultation with 6 the Secretar y of Transportation and the United States 7 Arctic Resear ch Commission shal l 1)rovide annua l grant s 8 to a university located adjac ent to the Arctic En erg_y Of- 9 fice of the Departm ent of En ergy, to est ablish and operate 10 a university research cent er to be headquart er ed in Fair11 banks and to be known as the "Ar ctic En gineering Re- 12 sear ch Cent er" (referred to in thi s section as th e "Cen13 ter") . 14 (b) P URP0SE.-'l111e purpo se of the Cent er shall be 15 to conduct research on, and develop impr oved methods of, 16 constru ction and use of materials to improve the overall 17 perforrn.ance of road s, bridges, residential , con1mercial, 18 and indu strial stru ctur es, and other infrastructu re in the 19 Arctic region, v\rith an empha sis on developing- 20 ( 1) new constru ction tecluuqucs for roads, 21 brid ges, rail, and related transportation infrastr uc- 22 tu re ru1d residential , commercial, and indu strial in- 23 frast ructure that aJ?e capable of ?withstandi ng the 24 Arct ic en,rironment and using limited energy re- 25 sources as efficiently as possible; oHR 6 EH AMERICA!\ pVERSIGHT 478 CEQ050FY18091 _000000439 CEQ-18-0173-C-000516 477 1 (2) technologies and pro cedure s for increasing 2 road, bridg e, rail, and related tran sportation infra- 3 stru cture and residential , commercial, and indu strial 4 infra st ructure safety, reliability, and int egrity in the 5 .J\r ctic reo'ion? 0 ' 6 (3) new mat eri.als and improving th e perform- 7 ance and energy efficiency of existin g mat erial s for 8 th e constru ction of road s, brid ges, rail , and related 9 transportation infra stru ctur e and residential, com- 10 mercial, and indust rial infra stru ctur e in the Ar ctic 11 region; and 12 (4) recommendafaons for nev;r local, regional, 13 and State permittin g and building codes to ensur e 14 tran sportation and building safety and efficient en- 15 ergy u se when constructing, u sing, and occupying 16 such infrastru ctur e in th e A.retie regi on. 17 (c) OBJEC'l'fVES.-Th e Cent er shall carr y out- 18 (1) basic and applied resear ch in th e subj ects 19 described in subsection (b), th e produ ct s of ?which 20 shall be jud ged by peers or other expert s in the field 21 to advance th e body of knowledge in road , brid ge, 22 rail , and infr astructure engineering in th e Arctic re- 23 gion; and oHR 6 EH AMERICA!\ pVERSIGHT 479 CEQ050FY18091 _000000439 CEQ-18-0173-C-000517 477 1 (2) technologies and pro cedure s for increasing 2 road, bridg e, rail, and related tran sportation infra- 3 stru cture and residential , commercial, and indu strial 4 infra st ructure safety, reliability, and int egrity in the 5 .J\r ctic reo'ion? 0 ' 6 (3) new mat eri.als and improving th e perform- 7 ance and energy efficiency of existin g mat erial s for 8 th e constru ction of road s, brid ges, rail , and related 9 transportation infra stru ctur e and residential, com- 10 mercial, and indust rial infra stru ctur e in the Ar ctic 11 region; and 12 (4) recommendafaons for nev;r local, regional, 13 and State permittin g and building codes to ensur e 14 tran sportation and building safety and efficient en- 15 ergy u se when constructing, u sing, and occupying 16 such infrastru ctur e in th e A.retie regi on. 17 (c) OBJEC'l'fVES.-Th e Cent er shall carr y out- 18 (1) basic and applied resear ch in th e subj ects 19 described in subsection (b), th e produ ct s of ?which 20 shall be jud ged by peers or other expert s in the field 21 to advance th e body of knowledge in road , brid ge, 22 rail , and infr astructure engineering in th e Arctic re- 23 gion; and oHR 6 EH AMERICA!\ pVERSIGHT 479 CEQ050FY18091 _000000439 CEQ-18-0173-C-000517 478 1 (2) an ongorng program of techn ology tran sfer 2 that mak es researc h results available to pot ential 3 users in a form tha t can be implemented . 4 (cl) AlvIOUNTOF GRAN "'r .- For each of fiscal years 5 2006 tlu?ough 2011, the Secretary shall provide a grant 6 in th e amount of $3, 000 ,000 to th e institution specified 7 in sub section (a) to carry out this section. 8 (e) AU'l'HORIZNI' ION Oli' A.PPROPRJ ATIONS.-Th er e 9 ar c authoriz ed to be appropriat ed to cany out this section 10 $3,000,000 for each of fiscal years 2006 thro ugh 2011. 11 SEC. 968D. BARROW GEOPHYSICAL RESEARCH FACILITY. 12 (a) E S'l'ABIJJSHl\,mNT.-'l'he Secretary of Commerce , 13 in consultation with th e Secretar ies of En ergy and th e In14 terior, the Dir ector of th e Nat ional Science Foundation , 15 and th e Administrator of th e Environmental Prot ection 16 Agency, shall estab lish a j oint researc h fa cility in Barrow , 17 Alaska, to be known as th e '' Barro w Geophysical Research 18 Fa cility", to support scientifi c resear ch activities in the 19 Arctic. 20 (b) AUTHORIZATIONOF APPROPRIATIONS.-There 21 ar e authorized to be appropr iated to th e Secretari es of 22 Commerce, En ergy, and the Int eri or, th e Dir ector of th e 23 Nationa l Science Foundation, and the Administrator of 24 the En vironm ental Prot ection Agency for the planning , oHR 6 EH AMERICA!\ pVERSIGHT 480 CEQ050FY18091 _000000439 CEQ-18-0173-C-000518 478 1 (2) an ongorng program of techn ology tran sfer 2 that mak es researc h results available to pot ential 3 users in a form tha t can be implemented . 4 (cl) AlvIOUNTOF GRAN "'r .- For each of fiscal years 5 2006 tlu?ough 2011, the Secretary shall provide a grant 6 in th e amount of $3, 000 ,000 to th e institution specified 7 in sub section (a) to carry out this section. 8 (e) AU'l'HORIZNI' ION Oli' A.PPROPRJ ATIONS.-Th er e 9 ar c authoriz ed to be appropriat ed to cany out this section 10 $3,000,000 for each of fiscal years 2006 thro ugh 2011. 11 SEC. 968D. BARROW GEOPHYSICAL RESEARCH FACILITY. 12 (a) E S'l'ABIJJSHl\,mNT.-'l'he Secretary of Commerce , 13 in consultation with th e Secretar ies of En ergy and th e In14 terior, the Dir ector of th e Nat ional Science Foundation , 15 and th e Administrator of th e Environmental Prot ection 16 Agency, shall estab lish a j oint researc h fa cility in Barrow , 17 Alaska, to be known as th e '' Barro w Geophysical Research 18 Fa cility", to support scientifi c resear ch activities in the 19 Arctic. 20 (b) AUTHORIZATIONOF APPROPRIATIONS.-There 21 ar e authorized to be appropr iated to th e Secretari es of 22 Commerce, En ergy, and the Int eri or, th e Dir ector of th e 23 Nationa l Science Foundation, and the Administrator of 24 the En vironm ental Prot ection Agency for the planning , oHR 6 EH AMERICA!\ pVERSIGHT 480 CEQ050FY18091 _000000439 CEQ-18-0173-C-000518 479 1 design , construction, and support of th e Barrow Geo- 2 physical Research F acility $6 1,000 ,000. 3 CHAPTER 2-ULTRA-DEEPWATER NATURAL AND UN- 4 CONVENTIONAL 5 OTHER PETROLEUM RESOURCES 6 SEC. 969. PRO GRAM AUTHORITY. 7 (a) IN GENERAl,.-rrhe GAS AND Secretary sha JJ carry out a 8 pro gram und er thi s chapt er of research, developm ent , 9 demonst ration , and comm er cial app lication of techno logies 10 for ulti-a-d cepwat er and un conventiona l natura l gas and 11 other petr oleum r esour ce exploration and production, in- 12 eludin g addr essin g the technolo gy cha llenges for sma11 13 produ cers, safe operations, and environm ental miti gation 14 (includ ing r eduction of gTeenhouse gas emissions and se- 15 qu estration of carbon). 16 (b) P l{OG HAM E J;EMEN'l'S.-1.111epro gr am under this 17 chapt er shall address the follo-wing areas, in clud ing im18 prov ing safety and min imizing environm ental impa cts of 19 activit ies vvit hiu each area: 20 (1) Ultra-deei:)\,vater arch itecture and tcch- 21 nology, includin g drill ing to formations in th e Out er 22 Contin ental Shelf to depths 23 feet . greater than J5,000 oHR 6 EH AMERICA!\ pVERSIGHT 481 CEQ050 FY18091_000000439 CEQ-18-0173-C-000519 479 1 design , construction, and support of th e Barrow Geo- 2 physical Research F acility $6 1,000 ,000. 3 CHAPTER 2-ULTRA-DEEPWATER NATURAL AND UN- 4 CONVENTIONAL 5 OTHER PETROLEUM RESOURCES 6 SEC. 969. PRO GRAM AUTHORITY. 7 (a) IN GENERAl,.-rrhe GAS AND Secretary sha JJ carry out a 8 pro gram und er thi s chapt er of research, developm ent , 9 demonst ration , and comm er cial app lication of techno logies 10 for ulti-a-d cepwat er and un conventiona l natura l gas and 11 other petr oleum r esour ce exploration and production, in- 12 eludin g addr essin g the technolo gy cha llenges for sma11 13 produ cers, safe operations, and environm ental miti gation 14 (includ ing r eduction of gTeenhouse gas emissions and se- 15 qu estration of carbon). 16 (b) P l{OG HAM E J;EMEN'l'S.-1.111epro gr am under this 17 chapt er shall address the follo-wing areas, in clud ing im18 prov ing safety and min imizing environm ental impa cts of 19 activit ies vvit hiu each area: 20 (1) Ultra-deei:)\,vater arch itecture and tcch- 21 nology, includin g drill ing to formations in th e Out er 22 Contin ental Shelf to depths 23 feet . greater than J5,000 oHR 6 EH AMERICA!\ pVERSIGHT 481 CEQ050 FY18091_000000439 CEQ-18-0173-C-000519 480 1 (2) Unconventional nat1u?aJ gas and other petro- 2 leum resource 3 nology. 4 (3) 5 ducers. exploration and produ ction tech- The techno logy challenges of small pro- 6 (4) Complementary research performed by the 7 Nationa l Energy rrechnology Laborator y for the 8 United States Departm ent of En ergy. 9 (c) Lil VIlTAT ION ON LO CATION OF FIELD 10 TIES.- Fi eld activities und er the program ACTIVI- under thi s 11 chapt er shall be carr ied out only- (1) in- 12 13 (A) areas m the territorial waters of the 14 United States not und er any Outer Continental 15 Shelf moratorium as of September 30, 2002; 16 (B) areas onshore in the Unit ed States on 17 public land adrninistered by the Secretary of the 18 Int erior available for oil and gas leasing, ,,vhere 19 consistent ?with applicable law and land u se 20 plans; and 21 (C) areas onshor e in the United States on 22 State or privat e land , subj ect to applicable lm,v; 23 and oHR 6 EH AMERICA!\ pVERSIGHT 482 CEQ050FY18091 _000000439 CEQ-18-0173-C-000520 480 1 (2) Unconventional nat1u?aJ gas and other petro- 2 leum resource 3 nology. 4 (3) 5 ducers. exploration and produ ction tech- The techno logy challenges of small pro- 6 (4) Complementary research performed by the 7 Nationa l Energy rrechnology Laborator y for the 8 United States Departm ent of En ergy. 9 (c) Lil VIlTAT ION ON LO CATION OF FIELD 10 TIES.- Fi eld activities und er the program ACTIVI- under thi s 11 chapt er shall be carr ied out only- (1) in- 12 13 (A) areas m the territorial waters of the 14 United States not und er any Outer Continental 15 Shelf moratorium as of September 30, 2002; 16 (B) areas onshore in the Unit ed States on 17 public land adrninistered by the Secretary of the 18 Int erior available for oil and gas leasing, ,,vhere 19 consistent ?with applicable law and land u se 20 plans; and 21 (C) areas onshor e in the United States on 22 State or privat e land , subj ect to applicable lm,v; 23 and oHR 6 EH AMERICA!\ pVERSIGHT 482 CEQ050FY18091 _000000439 CEQ-18-0173-C-000520 481 1 (2) with th e approval of th e appropri ate F cd- 2 eral or State land management agency or private 3 land owner. 4 (d) ACTIVITIES AT TIIE NATIONALE NERGYTECII- 5 NO.LOGY LABORA .'rORY.- The Secretary, through th e Na- 6 tionaJ Energy Technology Lab orator y, shall carr y out a 7 program of research and other activities complementa ry 8 to and supporti ve of the research progn ;1111sund er sub- 9 section (b). 10 (e) CONSULTATION\ ?IT H SECRETARYOF TIIE INTE- 11 RIOR.-I n carryin g out thi s part , th e Secretary shall con- 12 sult regularly with the Secreta ry of th e Int erior. 13 SEC. 970. ULTRA-DEEPWATER AND UNCONVENTIONAL ON14 SHORE NATURAL GAS AND OTHER PETRO - 15 LEUM RESEARCH AND DEVELOPMENT PRO- 16 GRAM. 17 (a) IN GENEHA L.-The Secretary shall carry out th e 18 activities und er section 969, to maximize the value of nat19 ural gas and other petroleum resources of t he Unit ed 20 St ates, by increasing th e supply of such resour ces, thr ough 21 reducing th e cost and increasing th e efficiency of explo22 rat ion for and produ ction of such resources, while impr ov23 ing safety and minimizing environmenta l impacts . oHR 6 EH AMERICA!\ pVERSIGHT 483 CEQ050FY18091 _000000439 CEQ-18-0173-C-000521 481 1 (2) with th e approval of th e appropri ate F cd- 2 eral or State land management agency or private 3 land owner. 4 (d) ACTIVITIES AT TIIE NATIONALE NERGYTECII- 5 NO.LOGY LABORA .'rORY.- The Secretary, through th e Na- 6 tionaJ Energy Technology Lab orator y, shall carr y out a 7 program of research and other activities complementa ry 8 to and supporti ve of the research progn ;1111sund er sub- 9 section (b). 10 (e) CONSULTATION\ ?IT H SECRETARYOF TIIE INTE- 11 RIOR.-I n carryin g out thi s part , th e Secretary shall con- 12 sult regularly with the Secreta ry of th e Int erior. 13 SEC. 970. ULTRA-DEEPWATER AND UNCONVENTIONAL ON14 SHORE NATURAL GAS AND OTHER PETRO - 15 LEUM RESEARCH AND DEVELOPMENT PRO- 16 GRAM. 17 (a) IN GENEHA L.-The Secretary shall carry out th e 18 activities und er section 969, to maximize the value of nat19 ural gas and other petroleum resources of t he Unit ed 20 St ates, by increasing th e supply of such resour ces, thr ough 21 reducing th e cost and increasing th e efficiency of explo22 rat ion for and produ ction of such resources, while impr ov23 ing safety and minimizing environmenta l impacts . oHR 6 EH AMERICA!\ pVERSIGHT 483 CEQ050FY18091 _000000439 CEQ-18-0173-C-000521 482 1 (b) Ror_jEOF'THB SECI{ETARY.-"rl1e Secretary shall 2 ha ve ultimat e responsibility for, and oversight of, all as- 3 pects of the program under thi s section. 4 (c) ROLE OF 'l'IIE PROGRAl\ICONSORTI Ui\I.- 5 6 (1) L'J GENERAL .- The Secretary shall contra ct w:ith a consortiurn to(A) manag e awards pur suant to subsection 7 8 (f)(3); 9 (B) issue proj ect solicita tions upon ap- pro val of the Secretary; 10 (C) make proje ct award s upon approval of 11 the Secretary; 12 13 (D) disbur se fund s awarded und er sub- 14 section (f) as directed by the Secretary in ac- 15 cordan ce with th e am1ual plan ru1der subsection 16 (e); and 17 (E) carry out other activit ies assigned to 18 the program consortium by thi s section . 19 (2) LIMITATIO N.- 'l."'11 e Secretar y may not as- 20 sign any activities to the program consortium except 21 as specifically authorized und er thi s section. (3) CONWLTCT OP IN'I'EREST.- 22 (A) PROCEDURES.-1"h e Secretary 23 shall establish pro cedur es- 24 oHR 6 EH AMERICA!\ pVERSIGHT 484 CEQ050FY18091 _000000439 CEQ-18-0173-C-000522 482 1 (b) Ror_jEOF'THB SECI{ETARY.-"rl1e Secretary shall 2 ha ve ultimat e responsibility for, and oversight of, all as- 3 pects of the program under thi s section. 4 (c) ROLE OF 'l'IIE PROGRAl\ICONSORTI Ui\I.- 5 6 (1) L'J GENERAL .- The Secretary shall contra ct w:ith a consortiurn to(A) manag e awards pur suant to subsection 7 8 (f)(3); 9 (B) issue proj ect solicita tions upon ap- pro val of the Secretary; 10 (C) make proje ct award s upon approval of 11 the Secretary; 12 13 (D) disbur se fund s awarded und er sub- 14 section (f) as directed by the Secretary in ac- 15 cordan ce with th e am1ual plan ru1der subsection 16 (e); and 17 (E) carry out other activit ies assigned to 18 the program consortium by thi s section . 19 (2) LIMITATIO N.- 'l."'11 e Secretar y may not as- 20 sign any activities to the program consortium except 21 as specifically authorized und er thi s section. (3) CONWLTCT OP IN'I'EREST.- 22 (A) PROCEDURES.-1"h e Secretary 23 shall establish pro cedur es- 24 oHR 6 EH AMERICA!\ pVERSIGHT 484 CEQ050FY18091 _000000439 CEQ-18-0173-C-000522 483 1 (i) to ensur e that each board member, 2 officer, or employee of the progTam consor- 3 tium who is in a decisionmaking capacity 4 under subsection (f)(3) shall disclose to the 5 Scc1?etary any financia l int erest s in , or fi- 6 nancia l re1a6on ships ,;i.rith , applicants for or 7 recipient s of a,vard s und er thi s section, in- 8 cluding those of his or her spouse or minor 9 child, unl ess such relat ionships or int ere sts 10 would be considered to be remote or incon- 11 sequentia l; and 12 (ii) to requir e any board member, offi- 13 cer, or employee ,,,rith a finan cial relation- 14 ship or interest disclosed und er clause (i) 15 to recuse himself or her self from any over- 16 sight und er subsection (f) (4) virith respect 17 to such applicant or recipient. 18 (B) F 1ULURE TO COM PLY.- The Secretary 19 may disqualify an application or revoke an 20 award und er th is section if a board member , of- 21 ficer , or employee ha s fajled to comply with pro - 22 cedur es required und er subparagTaph (A)(ii.). 23 (d) S EI 1IW' l'IO N OF TI-m PH.OGRAM CONSOR!l' IUi\f.- oHR 6 EH AMERICA!\ pVERSIGHT 485 CEQ050 FY18091_000000439 CEQ-18-0173-C-000523 483 1 (i) to ensur e that each board member, 2 officer, or employee of the progTam consor- 3 tium who is in a decisionmaking capacity 4 under subsection (f)(3) shall disclose to the 5 Scc1?etary any financia l int erest s in , or fi- 6 nancia l re1a6on ships ,;i.rith , applicants for or 7 recipient s of a,vard s und er thi s section, in- 8 cluding those of his or her spouse or minor 9 child, unl ess such relat ionships or int ere sts 10 would be considered to be remote or incon- 11 sequentia l; and 12 (ii) to requir e any board member, offi- 13 cer, or employee ,,,rith a finan cial relation- 14 ship or interest disclosed und er clause (i) 15 to recuse himself or her self from any over- 16 sight und er subsection (f) (4) virith respect 17 to such applicant or recipient. 18 (B) F 1ULURE TO COM PLY.- The Secretary 19 may disqualify an application or revoke an 20 award und er th is section if a board member , of- 21 ficer , or employee ha s fajled to comply with pro - 22 cedur es required und er subparagTaph (A)(ii.). 23 (d) S EI 1IW' l'IO N OF TI-m PH.OGRAM CONSOR!l' IUi\f.- oHR 6 EH AMERICA!\ pVERSIGHT 485 CEQ050 FY18091_000000439 CEQ-18-0173-C-000523 484 1 (1) IN OBNBRJ\L.-rrhe Secretary shall select 2 th e progTam consortium throu gh an open, competi- 3 tive process . 4 (2) l\lIEMBERS.-rrhe program consort ium may 5 include corporations, trade associations, institutions 6 of higher education, Nationa l Laboratori es, or other 7 resear ch institution s. After submitting a proposal 8 und er para gra ph (4), the progra m consortium may 9 not add members -without th e consent of the Sec- 10 retar y. (3) RE<~ UIREMEN'l' OF SEC'l'ION 50 1(C)(3) S'l'A- 11 12 TUS.-rrhe Secretary shall not select a consortium 13 under thi s section unless such consortium is an or- 14 ganization described in section 501(c)(3) of th e In- 15 ternal Revenue Code of 1986 and exempt from tax 16 und er such section 501(a) of such Code. 17 (4) SCI-lEDULE.- Not late r than 90 days aft er 18 the date of enactment of this Act , the Secretary 19 shall solicit prop osals fr om eligible consortia to per- 20 form the du ties in sub section (c)(l), which shall be 21 submitt ed not lat er than 180 days aft er the dat e of 22 ena ctment of th is Act. 'l"he Secretary shall select the 23 program consortiu .m not late r than 270 days after 24 such dat e of enactment . oHR 6 EH AMERICA!\ pVERSIGHT 486 CEQ050 FY18091_000000439 CEQ-18-0173-C-000524 484 1 (1) IN OBNBRJ\L.-rrhe Secretary shall select 2 th e progTam consortium throu gh an open, competi- 3 tive process . 4 (2) l\lIEMBERS.-rrhe program consort ium may 5 include corporations, trade associations, institutions 6 of higher education, Nationa l Laboratori es, or other 7 resear ch institution s. After submitting a proposal 8 und er para gra ph (4), the progra m consortium may 9 not add members -without th e consent of the Sec- 10 retar y. (3) RE<~ UIREMEN'l' OF SEC'l'ION 50 1(C)(3) S'l'A- 11 12 TUS.-rrhe Secretary shall not select a consortium 13 under thi s section unless such consortium is an or- 14 ganization described in section 501(c)(3) of th e In- 15 ternal Revenue Code of 1986 and exempt from tax 16 und er such section 501(a) of such Code. 17 (4) SCI-lEDULE.- Not late r than 90 days aft er 18 the date of enactment of this Act , the Secretary 19 shall solicit prop osals fr om eligible consortia to per- 20 form the du ties in sub section (c)(l), which shall be 21 submitt ed not lat er than 180 days aft er the dat e of 22 ena ctment of th is Act. 'l"he Secretary shall select the 23 program consortiu .m not late r than 270 days after 24 such dat e of enactment . oHR 6 EH AMERICA!\ pVERSIGHT 486 CEQ050 FY18091_000000439 CEQ-18-0173-C-000524 485 1 (5) A.PPLlCATION.-App licant s shall submit a 2 propo sal includin g such information as th e Secretary 3 may r equire . At a minimum , each proposal shal l- 4 (A) list all member s of the consortium; 5 (B) fully describ e the stru ctur e of the con- 6 sortium , including any prov isions relating to in- 7 tellectua] prop erty; and 8 (C) describe how th e app licant would carry 9 out th e activities of th e p1?ogram consortium 10 und er this section . 11 ( 6) ELIG IBILI'l'Y .-T o be eligible to be selected 12 as th e progTa,111 consortium, an applicant must be an 13 entity whose members have collectively demonstrat ed 14 capabi lities and e:>. 1)erience in plannin g and man- 15 agjng r esearch, 16 commercial application progra ms for ultra-d eepwater 17 and unconv eutional natural. gas or other pet roleum 18 e:\. 1Jloration or p roduction. 19 (7) Fo cus 20 (A) developm ent , demonstration, and AREAS FOR A'vVARDS.ULTRA .-DEEPWATER RESOURCES.- 21 Awards from 22 976(d)(l) shall focus on th e development and 23 demonstration 24 produ ction t echnologies as well as int egrat ed allocations of individual und er section exploration and oHR 6 EH AMERICA!\ pVERSIGHT 487 CEQ050FY18091 _000000439 CEQ-18-0173-C-000525 485 1 (5) A.PPLlCATION.-App licant s shall submit a 2 propo sal includin g such information as th e Secretary 3 may r equire . At a minimum , each proposal shal l- 4 (A) list all member s of the consortium; 5 (B) fully describ e the stru ctur e of the con- 6 sortium , including any prov isions relating to in- 7 tellectua] prop erty; and 8 (C) describe how th e app licant would carry 9 out th e activities of th e p1?ogram consortium 10 und er this section . 11 ( 6) ELIG IBILI'l'Y .-T o be eligible to be selected 12 consortium, an applicant must be an as th e progTa,111 13 entity whose members have collectively demonstrat ed 14 capabi lities and e:>. 1)erience in plannin g and man- 15 agjng r esearch, 16 commercial application progra ms for ultra-d eepwater 17 and unconv eutional natural. gas or other pet roleum 18 e:\. 1Jloration or p roduction. 19 (7) Fo cus 20 (A) developm ent , demonstration, and AREAS FOR A'vVARDS.ULTRA .-DEEPWATER RESOURCES.- 21 Awards from 22 976(d)(l) shall focus on th e development and 23 demonstration 24 produ ction t echnologies as well as int egrat ed allocations of individual und er section exploration and oHR 6 EH AMERICA!\ pVERSIGHT 487 CEQ050FY18091 _000000439 CEQ-18-0173-C-000525 48 6 1 systems techn ologi es including new archit ec- 2 tur es for produ ction in u1tra-deepv,rat er. 3 (B) 4 Award s 5 976(d) (2) shall focu s on areas including ad- 6 vanced coalbed meth ane, deep drilJing, naturaJ 7 gas pr oduction from tight sand s, natu ral gas 8 produ ction fro m gas shales, strand ed gas, inno- 9 vati ve e.:q)loration and produ ction techniqu es, U NCONVE NT IONAL from allocations RE SOU RCES.- und er section 10 enhan ced recovery techniques, and 11 menta l mitigati on of un conventionaJ na tural gas 12 and oth er petrol eum resources e:> qJ]oration and 13 produ ction. 14 (C) Si\ V\L J1 e11viron- PRODUCrnRS.-Aw ard s from al- 15 location s und er section 976 (d)( 3) shall be mad e 16 to consortia consisting of small prod ucers or or- 17 gani zed pr imaril y for th e benefit of small pro- 18 ducers, and sh all focus on ar eas including com- 19 plex geology involving rapid chan ges in th e type 20 and quality of th e oil and gas reser voir s across 21 th e reservoir ; low reservoir pr essu re; un conven - 22 tional natur al gas reservoirs in coalbeds, deep 23 reservoirs, tight sand s, or shal es; and unconven- 24 tiona l oil reservoirs in tar sand s and oil shales. oHR 6 EH AMERICA!\ pVERSIGHT 488 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000526 48 6 1 systems techn ologi es including new archit ec- 2 tur es for produ ction in u1tra-deepv,rat er. 3 (B) 4 Award s 5 976(d) (2) shall focu s on areas including ad- 6 vanced coalbed meth ane, deep drilJing, naturaJ 7 gas pr oduction from tight sand s, natu ral gas 8 produ ction fro m gas shales, strand ed gas, inno- 9 vati ve e.:q)loration and produ ction techniqu es, U NCONVE NT IONAL from allocations RE SOU RCES.- und er section 10 enhan ced recovery techniques, and 11 menta l mitigati on of un conventionaJ na tural gas 12 qJ]oration and and oth er petrol eum resources e:> 13 produ ction. 14 (C) Si\ V\L J1 e11viron- PRODUCrnRS.-Aw ard s from al- 15 location s und er section 976 (d)( 3) shall be mad e 16 to consortia consisting of small prod ucers or or- 17 gani zed pr imaril y for th e benefit of small pro- 18 ducers, and sh all focus on ar eas including com- 19 plex geology involving rapid chan ges in th e type 20 and quality of th e oil and gas reser voir s across 21 th e reservoir ; low reservoir pr essu re; un conven - 22 tional natur al gas reservoirs in coalbeds, deep 23 reservoirs, tight sand s, or shal es; and unconven- 24 tiona l oil reservoirs in tar sand s and oil shales. oHR 6 EH AMERICA!\ pVERSIGHT 488 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000526 487 1 (8) CRITERION__ rrhe Secretary shall consider 2 th e amount of the fee an applicant proposes to re- 3 ceive under subsection (g) in selecting a consortium 4 und er thi s section. 5 ( e) .A..1"\TNUALPLAt"\T .- 6 (1) I N GBN.E.RAL.-rrhepro gram und er t.hjs sec- 7 tion shall be carri ed out pur suant to an annual p]an 8 pr epar ed by the Secretary in accordan ce with para- 9 graph (2) . 10 (2) DEVELOPME NT.- (A) 11 SOLICITATION OF RECOl\1MENDA- 12 'l'IONS.-Before draftin g an annual plan und er 13 thi s subsection , th e Secretary shall solicit spe- 14 cific virritten r ecommendation s from the pro- 15 gram consortitm1 for each e1ement to be ad- 16 dressed in th e plan, including those described in 17 parag r aph (4). The program consortiwn shall 18 submit its recommendati ons in the form of a 19 draft annua l plan. 20 (B) SUBlVfISSION OF RE COMl\IEND.A'l'IONS; 21 O'J'HE;RCOl\lMEN'I'.-rrhe Secretary shall submit 22 the recommendation s of th e pro gTam consor- 23 tium und er subpara grap h (A) to the Ultra- 24 Decp?water 25 tmd cr section 972(a) and t o the Unconventiona l Advisory Committee esta blished oHR 6 EH AMERICA!\ pVERSIGHT 489 CEQ050 FY18091_000000439 CEQ-18-0173-C-000527 487 1 (8) CRITERION__ rrhe Secretary shall consider 2 th e amount of the fee an applicant proposes to re- 3 ceive under subsection (g) in selecting a consortium 4 und er thi s section. 5 ( e) .A..1"\TNUALPLAt"\T .- 6 (1) I N GBN.E.RAL.-rrhepro gram und er t.hjs sec- 7 tion shall be carri ed out pur suant to an annual p]an 8 pr epar ed by the Secretary in accordan ce with para- 9 graph (2) . 10 (2) DEVELOPME NT.- (A) 11 SOLICITATION OF RECOl\1MENDA- 12 'l'IONS.-Before draftin g an annual plan und er 13 thi s subsection , th e Secretary shall solicit spe- 14 cific virritten r ecommendation s from the pro- 15 gram consortitm1 for each e1ement to be ad- 16 dressed in th e plan, including those described in 17 parag r aph (4). The program consortiwn shall 18 submit its recommendati ons in the form of a 19 draft annua l plan. 20 (B) SUBlVfISSION OF RE COMl\IEND.A'l'IONS; 21 O'J'HE;RCOl\lMEN'I'.-rrhe Secretary shall submit 22 the recommendation s of th e pro gTam consor- 23 tium und er subpara grap h (A) to the Ultra- 24 Decp?water 25 tmd cr section 972(a) and t o the Unconventiona l Advisory Committee esta blished oHR 6 EH AMERICA!\ pVERSIGHT 489 CEQ050 FY18091_000000439 CEQ-18-0173-C-000527 488 1 Resour ces rr eclmology Ad,ri.sory Committ ee es- 2 tabli shed und er section 972(b), and su ch Advi- 3 sory Committees shall provide to th e Secret ary 4 ?writt en comment s by a dat e det ermined by the 5 Secretar y . The Secretar y may also solicit com- 6 ment s from any other expert s. 7 (C) C0NSUUl'Ar' I0 N.- 'fh e Secretar y shall 8 consult regularly with th e program consortium 9 throu ghout th e pr eparation of the annua l plan. 10 (3) P UBLICATI0N.- 11 he Secretar y shall tran s- 11 mit to Congress and publish in th e F ederal Register 12 th e am1.ua.lplan , a.long ,,,rith any writt en comment s 13 received und er para gTaph (2)(A) and (B). 14 ( 4) C0 NTENTS.- 'l111 e annual plan shall describe 15 th e ongoing and pro spective acti,rities of the pr o- 16 gram und er thi s section and shall include- 17 (A) a list of any solicit ati ons for awards to 18 carr y out resear ch, devclopment, demonstrati on, 19 or commercial application activities, including 20 th e t opics for such work , who would be elig?ible 21 to appl y, selection crit eria , and th e dur ation of 22 award s; and 23 (B ) a description of the activities e)._1Jec ted 24 of th e pr ogram consortium to carr y out sub- 25 section (f)(3) . oHR 6 EH AMERICA!\ pVERSIGHT 490 CEQ050FY18091 _000000439 CEQ-18-0173-C-000528 488 1 Resour ces rr eclmology Ad,ri.sory Committ ee es- 2 tabli shed und er section 972(b), and su ch Advi- 3 sory Committees shall provide to th e Secret ary 4 ?writt en comment s by a dat e det ermined by the 5 Secretar y . The Secretar y may also solicit com- 6 ment s from any other expert s. 7 (C) C0NSUUl'Ar' I0N.- 'fh e Secretar y shall 8 consult regularly with th e program consortium 9 throu ghout th e pr eparation of the annua l plan. 10 (3) P UBLICATI0N.- 11 he Secretar y shall tran s- 11 mit to Congress and publish in th e F ederal Register 12 th e am1.ua.lplan , a.long ,,,rith any writt en comment s 13 received und er para gTaph (2)(A) and (B). 14 ( 4) C0 NTENTS.- 'l111 e annual plan shall describe 15 th e ongoing and pro spective acti,rities of the pr o- 16 gram und er thi s section and shall include- 17 (A) a list of any solicit ati ons for awards to 18 carr y out resear ch, devclopment, demonstrati on, 19 or commercial application activities, including 20 th e t opics for such work , who would be elig?ible 21 to appl y, selection crit eria , and th e dur ation of 22 award s; and 23 (B ) a description of the activities e)._1Jec ted 24 of th e pr ogram consortium to carr y out sub- 25 section (f)(3) . oHR 6 EH AMERICA!\ pVERSIGHT 490 CEQ050FY18091 _000000439 CEQ-18-0173-C-000528 489 1 (5) E S'l'Ii\IJ\TES OF' TNCREJ\SEO ROYALTY RB- 2 CEIPTS.-r rh e Secreta ry, in consuJtation ,vi.th the 3 Secretary of the Interio r, shall provide an annua l re - 4 port to Congr ess with the P1?esident 's budget on the 5 estimat ed cumulat ive increase in F ederal royalty re- 6 ceipt s (if any) resuJting from th e implementation of 7 thi s part. rrhe ini.tia] r eport under this paragraph 8 shall be submitt ed in the first Pr esident's budget 9 lowing the completion of the first am1ual plan re- lO quired und er thi s subsection . 11 (f) AWARDS. - 12 (1) IN GENERA f.J.-Upon fo]- approval of th e Sec- 13 retary the progTam consortium shall make awards to 14 carry out research, development , demonstration , and 15 com.m ercial application activities und er the program 16 und er thi s section. The program consortium shall 17 not be eligible to receive su ch awards, but members 18 of the program consortium may receive such awards . 19 (2) PR0P0 SALS.- Upon approval of the Sec- 20 reta ry the program consortimn shall solicit proposals 21 for awar..'te nt practicab le, competitive pro 16 cedu res shall be used when ente rin g into agreements to 17 carry out prQjects und er sub section (a) of that section and 18 th at the period of aut hority to carry out projects und er 19 such subsectio n (a) termin ates as provided in subsection 20 (g) of that section . 21 "(B) In applying the requirements and conditions of 22 section 845 of th e Nat ional Defense Author ization Act for 23 Fisca l Year J 994 und er th is subsection- oHR 6 EH AMERICA!\ pVERSIGHT 505 CEQ050FY18 091_000000439 CEQ-18-0173-C-000543 503 1 with respect to such resear ch and proj ects as the Secretary 2 of Defense may exercise under section 2371 of title 10, 3 United States Code, except for subsection s (b) and (f) of 4 such section 23 71 . Su ch other transactions shall not be 5 subj ect to the provisions of section 9 of the Federal Non6 nu clear Ene rgy Research and Developme11t Act of 1974 7 (42 U .S.C. 5908) or section 152 of the Atomic Energy 8 Act of 1954 (42 U.S.C. 2182). 9 "(2)(A) The Secretary may, under t he author ity of 10 paragraph ( 1), carr y out prototype projects in accordance 11 ,,vith t he requirements and conditions provided for car12 rying out protot ype projects und er section 845 of the Na 13 tional Defense Auth orization Act for Fisca l Year 1994 14 (Pub lic Law 103- 160; 10 U.S .C. 2371 not e), includ ing 15 that, to the maximum e:>..'te nt practicab le, competitive pro 16 cedu res shall be used when ente rin g into agreements to 17 carry out prQjects und er sub section (a) of that section and 18 th at the period of aut hority to carry out projects und er 19 such subsectio n (a) termin ates as provided in subsection 20 (g) of that section . 21 "(B) In applying the requirements and conditions of 22 section 845 of th e Nat ional Defense Author ization Act for 23 Fisca l Year J 994 und er th is subsection- oHR 6 EH AMERICA!\ pVERSIGHT 505 CEQ050FY18 091_000000439 CEQ-18-0173-C-000543 504 1 "( i) subsection (c) of that section shall apply 2 with respect to prototype proj ect s carri ed out und er 3 th is paragrap h; and 4 "( ii) the Director of the Office of 1\/Ianag ement 5 and Budg et shall perform th e functions of the Sec- 6 retary of Defense und er subsection (d) of that sec- 7 tion. 8 "(C) The Secretary may exercise aut hority und er this 9 subsection for a project only if aut horized by the Dir ectol' 10 of the Office of Management and Budget to use the au11 thority for such project . 12 '((D) 'fhe annua l report of th e head of an executive 13 agency that is required under sub section (h) of section 14 237 1 of title 10, United States Code, as applied to the 15 head of the executive agency by sub section (a), shal l be 16 submitt ed to Congress . 17 '((3) Not later than 90 ..'1 STIN G STA'l'Url'0RY AND 0'1'1-Tl~H, OBLTGJ\- 'l'ION8.- 3 (1) SYS'l'EM OPERA'l' I ON REQUIREMEN'l'S. - No 4 statutory provision requiring or author izing a F ed- 5 eral utilit y to tran smit electric power or to construct , 6 operate or maintain its transmi ssion system shall be 7 constru ed to prohibit a transfer of control and u se 8 of its tran smission system pur suant to, and subj ect 9 to all requir ement s of subsection (b) . (2) 10 11 OTIIER 0BLIGATI0NS.- rfhis subsection shall not be constru ed to- 12 (A) suspend, or exenipt any F ederal utility 13 from , any provision of existing F ed.era] law, in- 14 eluding but not limit ed to any requir ement or 15 direction relatin g to th e u se of the Fede ral util- 16 ity's tran smission system, environment al prot ec- 17 tion, fish and vvi.Jdlifeprotecfaon, flood control , 18 navigatio n , water delivery, or recreation; or 19 (B) aut horize abrogation of any contra ct 20 or treaty obligation. 21 (3) REPEAJJ.-S ection 311 of titl e III of Appen- 22 dix B of th e Act of October 27, 2000 (P.L. 106- 23 377, section l(a)(2); l 14 Stat. 1441 , 1441A-80; 16 24 U.S.C. 824n) is repealed. oHR 6 EH AMERICA!\ pVERSIGHT 560 CEQ050FY18091 _000000439 CEQ-18-0173-C-000598 558 1 2 (c) E:>..'1 STIN G STA'l'Url'0RY AND 0'1'1-Tl~H, OBLTGJ\- 'l'ION8.- 3 (1) SYS'l'EM OPERA'l' I ON REQUIREMEN'l'S. - No 4 statutory provision requiring or author izing a F ed- 5 eral utilit y to tran smit electric power or to construct , 6 operate or maintain its transmi ssion system shall be 7 constru ed to prohibit a transfer of control and u se 8 of its tran smission system pur suant to, and subj ect 9 to all requir ement s of subsection (b) . (2) 10 11 OTIIER 0BLIGATI0NS.- rfhis subsection shall not be constru ed to- 12 (A) suspend, or exenipt any F ederal utility 13 from , any provision of existing F ed.era] law, in- 14 eluding but not limit ed to any requir ement or 15 direction relatin g to th e u se of the Fede ral util- 16 ity's tran smission system, environment al prot ec- 17 tion, fish and vvi.Jdlifeprotecfaon, flood control , 18 navigatio n , water delivery, or recreation; or 19 (B) aut horize abrogation of any contra ct 20 or treaty obligation. 21 (3) REPEAJJ.-S ection 311 of titl e III of Appen- 22 dix B of th e Act of October 27, 2000 (P.L. 106- 23 377, section l(a)(2); l 14 Stat. 1441 , 1441A-80; 16 24 U.S.C. 824n) is repealed. oHR 6 EH AMERICA!\ pVERSIGHT 560 CEQ050FY18091 _000000439 CEQ-18-0173-C-000598 559 1 2 SEC. 1235 . STANDARD MARKET DESIGN. (a) REMAND.-r l'he Commission's proposed ruJe- 3 making entitled " Remedying Undue Discriminat ion 4 throu gh Open Access rl'ransrnission Service and Standard 5 Electricity Market Design" (Docket No. RlVIOl -12- 000) 6 ("Sl\l[D NOPR") is remanded to the Commission for re7 consideration . No final rule mandating a sta ndard elcc8 tri city mar ket design pursuant to the proposed ru..le- 9 mak ing, including any rule or order of genera l applica10 bility within th e scope of the propo sed rulemaking , may 11 be issued before October 31, 2006, or take effect before 12 December 31, 2006. Any final rule issued by t he Comrnis13 sion pur suant to the proposed rulcrnaking shall be pr e14 ceded by a second notice of propo sed ru]emaking issued 15 aft er the dat e of ena ctment of this Act and an opportunity 16 for public comment . 17 (b) SAVINGSCIJAUSE.-This section sha ll not be con- 18 stru ed to modif'.y or diminish any authority or obligation 19 the Conunission ha s und er thi s Act, the F edera] Pm,ver 20 Act, or othe1? applicable Jaw, including , but not limit ed to, 21 any aut hority to-22 (1) issue any rule or order (of generaJ or par- 23 ticular applicability) pur suant to any such authority 24 or obligation; or 25 (2) act on a filing or filings by 1 or more tran s- 26 mitti ng utiliti es for the volunta ry formation of a ReoHR 6 EH AMERICA!\ pVERSIGHT 561 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000599 559 1 2 SEC. 1235 . STANDARD MARKET DESIGN. (a) REMAND.-r l'he Commission's proposed ruJe- 3 making entitled " Remedying Undue Discriminat ion 4 throu gh Open Access rl'ransrnission Service and Standard 5 Electricity Market Design" (Docket No. RlVIOl -12- 000) 6 ("Sl\l[D NOPR") is remanded to the Commission for re7 consideration . No final rule mandating a sta ndard elcc8 tri city mar ket design pursuant to the proposed ru..le- 9 mak ing, including any rule or order of genera l applica10 bility within th e scope of the propo sed rulemaking , may 11 be issued before October 31, 2006, or take effect before 12 December 31, 2006. Any final rule issued by t he Comrnis13 sion pur suant to the proposed rulcrnaking shall be pr e14 ceded by a second notice of propo sed ru]emaking issued 15 aft er the dat e of ena ctment of this Act and an opportunity 16 for public comment . 17 (b) SAVINGSCIJAUSE.-This section sha ll not be con- 18 stru ed to modif'.y or diminish any authority or obligation 19 the Conunission ha s und er thi s Act, the F edera] Pm,ver 20 Act, or othe1? applicable Jaw, including , but not limit ed to, 21 any aut hority to-22 (1) issue any rule or order (of generaJ or par- 23 ticular applicability) pur suant to any such authority 24 or obligation; or 25 (2) act on a filing or filings by 1 or more tran s- 26 mitti ng utiliti es for the volunta ry formation of a ReoHR 6 EH AMERICA!\ pVERSIGHT 561 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000599 560 1 gional Tran smission Orgaruzation or Ind ependent 2 System Operato r (as defined in the Federal Power 3 Act) (and related mark et stru ctur es or rules) or vol- 4 untar y modification of an existing Regional Trnn s- 5 mission Organization or Independent System Oper- 6 ator (and related market structur es or rules). 7 8 SE C. 1236. NATIVE LOAD SERVICE OBLIGATION . Pa rt II of th e F ederal Power Act (16 U.S.C. 824 et 9 seq.) is amended by adding at the end the following: 10 11 "SEC. 217. NATIVE LOAD SERVIC E OBLIGATION. "(a) MEE'l ' I NG SERVICE OBLIG A'rI0 NS .- (1) Any 12 load-serving entit y that, as of the dat e of enactment of 13 this section14 "(A) mv11s generation faciJities, mark ets the 15 output of F edera l generation facilities, or holds 16 right s und er 1 or more wholesale contra cts to pur- 17 chase electric energy, for the purpo se of meeting a 18 service obligat ion, and 19 "( B) by reason of ovvner ship of transmi ssion fa- 20 cilities, or 1 or more contra cts or service agreements 21 for firm transmission 22 1nission right s for delivery of the output of such gen- 23 erat ion facilities or such pur chased energy to meet 24 such service obligation , service, holds firm tran s- oHR 6 EH AMERICA!\ pVERSIGHT 562 CEQ050 FY18091_000000439 CEQ-18-0173-C-000600 560 1 gional Tran smission Orgaruzation or Ind ependent 2 System Operato r (as defined in the Federal Power 3 Act) (and related mark et stru ctur es or rules) or vol- 4 untar y modification of an existing Regional Trnn s- 5 mission Organization or Independent System Oper- 6 ator (and related market structur es or rules). 7 8 SE C. 1236. NATIVE LOAD SERVICE OBLIGATION . Pa rt II of th e F ederal Power Act (16 U.S.C. 824 et 9 seq.) is amended by adding at the end the following: 10 11 "SEC. 217. NATIVE LOAD SERVIC E OBLIGATION. "(a) MEE'l ' I NG SERVICE OBLIG A'rI0 NS .- (1) Any 12 load-serving entit y that, as of the dat e of enactment of 13 this section14 "(A) mv11s generation faciJities, mark ets the 15 output of F edera l generation facilities, or holds 16 right s und er 1 or more wholesale contra cts to pur- 17 chase electric energy, for the purpo se of meeting a 18 service obligat ion, and 19 "( B) by reason of ovvner ship of transmi ssion fa- 20 cilities, or 1 or more contra cts or service agreements 21 for firm transmission 22 1nission right s for delivery of the output of such gen- 23 erat ion facilities or such pur chased energy to meet 24 such service obligation , service, holds firm tran s- oHR 6 EH AMERICA!\ pVERSIGHT 562 CEQ050 FY18091_000000439 CEQ-18-0173-C-000600 561 1 is entit led to use su ch firm tran smission rights, or, equiva- 2 lent trad able or financia l tr ansmission right s, in order to 3 deliver such output or purchase d energy, or th e output of 4 other generating facilities or pur chased energy to the ex5 tent deliverable using su ch right s, to the extent requir ed 6 to meet its ser?,rice obligation . 7 "(2) rro th e e:>,._'i;e nt that all or a portion of tb e service 8 obligat ion covered by such firm tran smission right s or 9 equivalent tradabl e or financia l tran smission rights 1s 10 transferred to another load-serving entit y, the successor 11 load-serving entity shall be entitl ed to use the firm trans- 12 mission right s or equivalent tradab le or financial trans13 mission right s associated ?with th e tran sferred service obli14 gation. Subsequent tran sfers to another load-senring enti15 ty, or back to the original load-senring entit y, shall be enti- 16 tled to the same right s. 17 '((3) The Cormnission shall exercise it s authority 18 under this Act in a manner that facilitates the plann ing 19 and eArpa n sion of tra nsmission facilit ies to meet the rea- 20 sonab lc needs of load-serving entiti es to sat isfy t heir serv- 21 ice obligations, and enables load-senring entiti es to secur e 22 finn tran smission right s (or equivalent tradable or finan23 cial rights) on a long term ba sis for long ter m pmver sup24 ply arrangements mad e, or plann ed, to meet such needs. oHR 6 EH AMERICA!\ pVERSIGHT 563 CEQ050 FY18091_000000439 CEQ-18-0173-C-000601 561 1 is entit led to use su ch firm tran smission rights, or, equiva- 2 lent trad able or financia l tr ansmission right s, in order to 3 deliver such output or purchase d energy, or th e output of 4 other generating facilities or pur chased energy to the ex5 tent deliverable using su ch right s, to the extent requir ed 6 to meet its ser?,rice obligation . 7 "(2) rro th e e:>,._'i;e nt that all or a portion of tb e service 8 obligat ion covered by such firm tran smission right s or 9 equivalent tradabl e or financia l tran smission rights 1s 10 transferred to another load-serving entit y, the successor 11 load-serving entity shall be entitl ed to use the firm trans- 12 mission right s or equivalent tradab le or financial trans13 mission right s associated ?with th e tran sferred service obli14 gation. Subsequent tran sfers to another load-senring enti15 ty, or back to the original load-senring entit y, shall be enti- 16 tled to the same right s. 17 '((3) The Cormnission shall exercise it s authority 18 under this Act in a manner that facilitates the plann ing 19 and eArpa n sion of tra nsmission facilit ies to meet the rea- 20 sonab lc needs of load-serving entiti es to sat isfy t heir serv- 21 ice obligations, and enables load-senring entiti es to secur e 22 finn tran smission right s (or equivalent tradable or finan23 cial rights) on a long term ba sis for long ter m pmver sup24 ply arrangements mad e, or plann ed, to meet such needs. oHR 6 EH AMERICA!\ pVERSIGHT 563 CEQ050 FY18091_000000439 CEQ-18-0173-C-000601 562 1 "( b) A L,LOCN l' ION OT< , 'l"RANSJ\II SS ION RIGHT S.- 2 Nothj ng in subsection s (a)(l) and (a) (2) of thi s section 3 shall affect any existing or future methodo logy employed 4 by an RTO or ISO for allocating or auctioning trans5 mission righ ts if su ch RTO or ISO ?was au t horized by the 6 Commission to allocate or auction financ ial tran smission 7 right s on it s system as of Januar y 1, 2005, and th e Com8 mission determines that any futur e aJlocation or auct ion 9 is ju st , r eas onabl e and not undul y discr iminator y or pref10 erential , provid ed, however , that if such an RTO or ISO 11 neve1? allocated finan cial tran smission right s on its syste m 12 that perta ined to a period befor e Januar y l , 2005, with 13 r espect to any application by su ch R11 0 or ISO that would 14 chan ge it s methodolo gy th e Commiss ion shal1 exercise its 15 authority in a maim er consistent ?with the Act and the 16 policies eArp r essed in subsect ions (a)(l ) and (a)(2 ) as ap 17 plied to firm tran smission right s held by a load ser ving 18 entit y as of Januar y 1, 2005, to th e ext ent the associated 19 generati on ownership or power pm ?cha se arrangements r e- 20 main in effect. 21 "(c) CER TAIN TH ANS i\1ISS ION RIGHTS.-Th e Com- 22 mission n1ay exer cise authority und er thi s Act to mak e 23 tran smission right s not used to meet an obligat ion covered 24 by subsection (a) availabl e to other entiti es in a mann er oHR 6 EH AMERICA!\ pVERSIGHT 564 CEQ050FY18091 _000000439 CEQ-18-0173-C-000602 562 1 "( b) A L,LOCN l' ION OT< , 'l"RANSJ\II SS ION RIGHT S.- 2 Nothj ng in subsection s (a)(l) and (a) (2) of thi s section 3 shall affect any existing or future methodo logy employed 4 by an RTO or ISO for allocating or auctioning trans5 mission righ ts if su ch RTO or ISO ?was au t horized by the 6 Commission to allocate or auction financ ial tran smission 7 right s on it s system as of Januar y 1, 2005, and th e Com8 mission determines that any futur e aJlocation or auct ion 9 is ju st , r eas onabl e and not undul y discr iminator y or pref10 erential , provid ed, however , that if such an RTO or ISO 11 neve1? allocated finan cial tran smission right s on its syste m 12 that perta ined to a period befor e Januar y l , 2005, with 13 r espect to any application by su ch R11 0 or ISO that would 14 chan ge it s methodolo gy th e Commiss ion shal1 exercise its 15 authority in a maim er consistent ?with the Act and the 16 policies eArp r essed in subsect ions (a)(l ) and (a)(2 ) as ap 17 plied to firm tran smission right s held by a load ser ving 18 entit y as of Januar y 1, 2005, to th e ext ent the associated 19 generati on ownership or power pm ?cha se arrangements r e- 20 main in effect. 21 "(c) CER TAIN TH ANS i\1ISS ION RIGHTS.-Th e Com- 22 mission n1ay exer cise authority und er thi s Act to mak e 23 tran smission right s not used to meet an obligat ion covered 24 by subsection (a) availabl e to other entiti es in a mann er oHR 6 EH AMERICA!\ pVERSIGHT 564 CEQ050FY18091 _000000439 CEQ-18-0173-C-000602 563 1 determined by th e Commission to be ju st, reasonable, and 2 not undul y discrin1inator y or pr eferential. 3 "(d) OBLIGATION TO BUILD.- Nothing in thi s Act 4 shall relieve a load-ser ving entit y from any obligat ion 5 und er State or local law to build tra nsmission or distribu6 tion facilities adequate to meet its service obligations . 7 "(e) C0N'I'RAC'l'S.-Nothing in thi s section shaJJ pro- 8 vide a basis for abrogatin g any contra ct or service agree- 9 ment for firm tran smission service or rights in effect as 10 of th e dat e of the enactment of thi s subsection. If an ISO 11 in the vVestern Interconnection had allocated finan cial 12 tran smission right s prior to the dat e of ena ctment of th is 13 section but had not done so ?with respect to one or more 14 load-serving enti ties' firm tran smission right s held und er 15 contra ct s to which the pr ecedjng sent ence applies (or held 16 by reason of ownership of tr ansmission facilities), such 17 load -serving entiti es may not be required, without their 18 consent , to convert such firm transm ission rights to 19 tradabl e or finan cial rights, except ?where th e load-serving 20 entit y ha s voluntaril y j oined th e ISO as a participa ting 21 tran smission owner (or its successor) in accordance with 22 th e ISO ta riff. 23 "(f) vVA'l'rnHPUMPING FACIIJI'l'mS.-'l"h e Commis- 24 sion shall ensur e that any entit y described in section 25 20l (f) that owns tran smission facilities URed 1wedomi- oHR 6 EH AMERICA!\ pVERSIGHT 565 CEQ050FY18091 _000000439 CEQ-18-0173-C-000603 563 1 determined by th e Commission to be ju st, reasonable, and 2 not undul y discrin1inator y or pr eferential. 3 "(d) OBLIGATION TO BUILD.- Nothing in thi s Act 4 shall relieve a load-ser ving entit y from any obligat ion 5 und er State or local law to build tra nsmission or distribu6 tion facilities adequate to meet its service obligations . 7 "(e) C0N'I'RAC'l'S.-Nothing in thi s section shaJJ pro- 8 vide a basis for abrogatin g any contra ct or service agree- 9 ment for firm tran smission service or rights in effect as 10 of th e dat e of the enactment of thi s subsection. If an ISO 11 in the vVestern Interconnection had allocated finan cial 12 tran smission right s prior to the dat e of ena ctment of th is 13 section but had not done so ?with respect to one or more 14 load-serving enti ties' firm tran smission right s held und er 15 contra ct s to which the pr ecedjng sent ence applies (or held 16 by reason of ownership of tr ansmission facilities), such 17 load -serving entiti es may not be required, without their 18 consent , to convert such firm transm ission rights to 19 tradabl e or finan cial rights, except ?where th e load-serving 20 entit y ha s voluntaril y j oined th e ISO as a participa ting 21 tran smission owner (or its successor) in accordance with 22 th e ISO ta riff. 23 "(f) vVA'l'rnHPUMPING FACIIJI'l'mS.-'l"h e Commis- 24 sion shall ensur e that any entit y described in section 25 20l (f) that owns tran smission facilities URed 1wedomi- oHR 6 EH AMERICA!\ pVERSIGHT 565 CEQ050FY18091 _000000439 CEQ-18-0173-C-000603 564 1 nat ely to support its own water pumping faci liti es shaJI 2 ha ve, with r espect to such facilities, prot ect ions for tran s3 mission service comparab le to those provided to load- serv4 ing entities pur suant to thi s section. 5 "(g) FER C TRAJ. '-JS- R UL E l\IAJGNG ON LO NG- TERM 6 MISSIONRIGlI'I'S lN ORGANIZEDNL\llKETS.-Within one 7 yea r after th e dat e of enactm ent of thi s sect ion and aft er 8 notic e and an opportun ity for comment , the Conunission 9 shall by rul e or order i111plcmentsubsectio n (a)(3) in Com10 mission-appro ved RTO s and I SOs ,vi.th or ganized elec11 tricity mark et s. 12 "( h) ERCO'r .-'rhi s section shall not apply v1rithin 13 the area referr ed to in sectio n 212(k)(2)(A). 14 "( i) J URISDIC'l'TON.- T'his section does not authoriz e 15 the Com.mission to tak e any action not oth erwise ?with.in 16 its juri sdiction. 17 "(j) EPPE C'I' OJ<~ EXERCISING RIUT-l'l'S.-An entit y 18 tha t lawfully exer cises right s granted tmder subsect ion (a) 19 shall not be considered by su ch action as engaging m 20 undu e discrimination or preference under this Act . 21 "( k) TVA AREA.-For ptu?poses of subsection 22 (a)( l )(B), a ]oad-senring entity that is located within the 23 service area of the Tenn essee Valley Authorit y and that 24 ha s a firm wholesale power supp ly contra ct '"rith the Ten- oHR 6 EH AMERICA!\ pVERSIGHT 566 CEQ050FY18091 _000000439 CEQ-18-0173-C-000604 564 1 nat ely to support its own water pumping faci liti es shaJI 2 ha ve, with r espect to such facilities, prot ect ions for tran s3 mission service comparab le to those provided to load- serv4 ing entities pur suant to thi s section. 5 "(g) FER C TRAJ. '-JS- R UL E l\IAJGNG ON LO NG- TERM 6 MISSIONRIGlI'I'S lN ORGANIZEDNL\llKETS.-Within one 7 yea r after th e dat e of enactm ent of thi s sect ion and aft er 8 notic e and an opportun ity for comment , the Conunission 9 shall by rul e or order i111plcmentsubsectio n (a)(3) in Com10 mission-appro ved RTO s and I SOs ,vi.th or ganized elec11 tricity mark et s. 12 "( h) ERCO'r .-'rhi s section shall not apply v1rithin 13 the area referr ed to in sectio n 212(k)(2)(A). 14 "( i) J URISDIC'l'TON.- T'his section does not authoriz e 15 the Com.mission to tak e any action not oth erwise ?with.in 16 its juri sdiction. 17 "(j) EPPE C'I' OJ<~ EXERCISING RIUT-l'l'S.-An entit y 18 tha t lawfully exer cises right s granted tmder subsect ion (a) 19 shall not be considered by su ch action as engaging m 20 undu e discrimination or preference under this Act . 21 "( k) TVA AREA.-For ptu?poses of subsection 22 (a)( l )(B), a ]oad-senring entity that is located within the 23 service area of the Tenn essee Valley Authorit y and that 24 ha s a firm wholesale power supp ly contra ct '"rith the Ten- oHR 6 EH AMERICA!\ pVERSIGHT 566 CEQ050FY18091 _000000439 CEQ-18-0173-C-000604 565 1 nessee Valley Authority shall be deerned to hold firm 2 tran smission right s for th e transmission of such power. 3 " (l ) DEFINI'rI0 NS.- For purpos es of this section : 4 " (l) 'rh e term 'distribution utilit y' means an 5 electri c utilit y that ha s a service obligation to end- 6 users or to a State utilit y or electri c cooperati ve 7 that , directly or indir ectly, through 1 or more addi- 8 tionaJ State utiliti es or electri c cooperatives, provides 9 electri c service to end-users . 10 "(2) Th e term 'load-serving entit y' means a dis- 11 tr ibution utility or an electric utilit y that ha s a serv- 12 ice obligation. 13 "(3 ) ,-rhe term 'service obligation ' means a re- 14 quir ement app licable to, or th e exercise of autho rity 15 grant ed to, an electri c utilit y und er F ederal , State 16 or local law or under long-term contra cts to provide 17 electric service to end -users or to a distribution util- 18 ity . 19 " (4) Th e term 'Stat e utilit y' means a State or 20 any politicaJ subdivision of a St ate, or any agency, 21 authority , or instrmnentality of any 1 or more of th e 22 foregoing, or a corporation which is wholly owned, 23 direct ly or indir ectly, by any 1 or more of the fore- 24 going, competent to carr y on the business of devel- 25 oping , transmitting , utilizing or distributing power. '' . oHR 6 EH AMERICA!\ pVERSIGHT 567 CEQ050FY18091 _000000439 CEQ-18-0173-C-000605 565 1 nessee Valley Authority shall be deerned to hold firm 2 tran smission right s for th e transmission of such power. 3 " (l ) DEFINI'rI0 NS.- For purpos es of this section : 4 " (l) 'rh e term 'distribution utilit y' means an 5 electri c utilit y that ha s a service obligation to end- 6 users or to a State utilit y or electri c cooperati ve 7 that , directly or indir ectly, through 1 or more addi- 8 tionaJ State utiliti es or electri c cooperatives, provides 9 electri c service to end-users . 10 "(2) Th e term 'load-serving entit y' means a dis- 11 tr ibution utility or an electric utilit y that ha s a serv- 12 ice obligation. 13 "(3 ) ,-rhe term 'service obligation ' means a re- 14 quir ement app licable to, or th e exercise of autho rity 15 grant ed to, an electri c utilit y und er F ederal , State 16 or local law or under long-term contra cts to provide 17 electric service to end -users or to a distribution util- 18 ity . 19 " (4) Th e term 'Stat e utilit y' means a State or 20 any politicaJ subdivision of a St ate, or any agency, 21 authority , or instrmnentality of any 1 or more of th e 22 foregoing, or a corporation which is wholly owned, 23 direct ly or indir ectly, by any 1 or more of the fore- 24 going, competent to carr y on the business of devel- 25 oping , transmitting , utilizing or distributing power. '' . oHR 6 EH AMERICA!\ pVERSIGHT 567 CEQ050FY18091 _000000439 CEQ-18-0173-C-000605 566 1 SEC. 1237. STUDY ON THE BENEFITS 2 3 OF E CONOMIC DIS- PATCH . (a) S'!'UDY.-rrhe Secretary of En ergy, in coordina- 4 tion and consultat ion with th e States, shall conduct a 5 stndy on6 7 (1) the pro cedur es curr entl? used by electri c utiliti es to perform economic dispatch ; 8 (2) identifyin g possible revisions to those pro ce- 9 ,."u ressly autho ri zed by law 7 or the electri c consumer. 8 (d) RULEi\lAKI NG.- Tlie Federa l Trade Conunissjon 9 shall proceed in accordance with section 553 of title 5, 10 United States Code, when prescribing a rul e und er this 11 section. 12 (e) STA'l'EAU' l'HORITY .-If th e F edera l Trad e Com- 13 m1ss10n determines that a State's regulati ons provide 14 equivalent or gTcater protection than th e provisions of th is 15 section, su ch State regulation s shalJ apply in that State 16 in lieu of th e regulat ions issued by the Commission und er 17 thi s section. 18 (f) DEFINITIONS.-Fo r purposes of t his section: ( 1) 19 STATE REGULA TORY AU'l'IIORI'l'Y.-Th e 20 term "Sta te regulatory auth orit y'' has the meaning 21 given that term in section 3(2 1) of th e Federa l 22 Power .Act (16 U .S.C. 796(2 1) ). 23 (2) El,J i;CTRI C CONSUMER 1\ N D E LE CTRI C UTJL,- 24 ITY.-Th c terms "electri c consum er " and "electri c 25 util ity" have the meaning s given those terms in sec- oHR 6 EH AMERICA!\ pVERSIGHT 621 CEQ050FY18091 _000000439 CEQ-18-0173-C-000659 619 1 electri c utilit y except with the informed consent of the 2 electrj c consumer or if approved by the appropriate State 3 regulatory authority. 4 (c) CRAl\IM I JG.- The F ederal Tr ade Commission 5 may issu e rules prohibiting the sale of goods and services 6 to an electric consumer unl ess e:>,."u ressly autho ri zed by law 7 or the electri c consumer. 8 (d) RULEi\lAKI NG.- Tlie Federa l Trade Conunissjon 9 shall proceed in accordance with section 553 of title 5, 10 United States Code, when prescribing a rul e und er this 11 section. 12 (e) STA'l'EAU' l'HORITY .-If th e F edera l Trad e Com- 13 m1ss10n determines that a State's regulati ons provide 14 equivalent or gTcater protection than th e provisions of th is 15 section, su ch State regulation s shalJ apply in that State 16 in lieu of th e regulat ions issued by the Commission und er 17 thi s section. 18 (f) DEFINITIONS.-Fo r purposes of t his section: ( 1) 19 STATE REGULA TORY AU'l'IIORI'l'Y.-Th e 20 term "Sta te regulatory auth orit y'' has the meaning 21 given that term in section 3(2 1) of th e Federa l 22 Power .Act (16 U .S.C. 796(2 1) ). 23 (2) El,J i;CTRI C CONSUMER 1\ N D E LE CTRI C UTJL,- 24 ITY.-Th c terms "electri c consum er " and "electri c 25 util ity" have the meaning s given those terms in sec- oHR 6 EH AMERICA!\ pVERSIGHT 621 CEQ050FY18091 _000000439 CEQ-18-0173-C-000659 620 1 tion 3 of th e Publi c Utility Regulatory Policies Act 2 of 197 8 (16 U.S. C. 2602). 3 Subtitle H-Merger Reform 4 SEC. 1291. MERGER REVIEW REFORM AND ACCOUNT - S 6 ABil..ITY. (a) lVlERGER REVIE\,\/ REFOH.l\1.-\i\Tithin 180 days 7 aft er th e dat e of ena ctm ent of this Act, th e Secretary of 8 E nergy, in consuJtation with the F ederal E nergy Regu- 9 latory Commission and th e Atto rney Genera l of th e United 10 Stat es, shall prepa re, and tran smit to Congr ess each of 11 the following: 12 (1) A stud y of th e eA'tent to which th e autho ri- 13 ties vested in th e l:;,edera l En ergy Regu latory Com- 14 mission und er section 203 of th e F edera l Power Act 15 are duplicative of authoriti es vested in- 16 (A) other agencies of F edera l and State 17 Govern nient; and 18 (B) the F ederal En e1?gy Regulatory Com- 19 mission , including und er sections 205 and 206 20 of the F ederal P ower Act . 21 (2) Recommendat ions on reform s to the F ed - 22 era l Power Act that vvottld eliminat e any um1eces- 23 sary dup lication in the exercise of regulato ry author- 24 ity or unn ecessary delays in th e approval (or dis- oHR 6 EH AMERICA!\ pVERSIGHT 622 CEQ050 FY18091_000000439 CEQ-18-0173-C-000660 620 1 tion 3 of th e Publi c Utility Regulatory Policies Act 2 of 197 8 (16 U.S. C. 2602). 3 Subtitle H-Merger Reform 4 SEC. 1291. MERGER REVIEW REFORM AND ACCOUNT - S 6 ABil..ITY. (a) lVlERGER REVIE\,\/ REFOH.l\1.-\i\Tithin 180 days 7 aft er th e dat e of ena ctm ent of this Act, th e Secretary of 8 E nergy, in consuJtation with the F ederal E nergy Regu- 9 latory Commission and th e Atto rney Genera l of th e United 10 Stat es, shall prepa re, and tran smit to Congr ess each of 11 the following: 12 (1) A stud y of th e eA'tent to which th e autho ri- 13 ties vested in th e l:;,edera l En ergy Regu latory Com- 14 mission und er section 203 of th e F edera l Power Act 15 are duplicative of authoriti es vested in- 16 (A) other agencies of F edera l and State 17 Govern nient; and 18 (B) the F ederal En e1?gy Regulatory Com- 19 mission , including und er sections 205 and 206 20 of the F ederal P ower Act . 21 (2) Recommendat ions on reform s to the F ed - 22 era l Power Act that vvottld eliminat e any um1eces- 23 sary dup lication in the exercise of regulato ry author- 24 ity or unn ecessary delays in th e approval (or dis- oHR 6 EH AMERICA!\ pVERSIGHT 622 CEQ050 FY18091_000000439 CEQ-18-0173-C-000660 621 1 approval) of appli cation s for t he sale, lease, or other 2 disposition of public ub lity facilities. 3 (b) :MER GER REVIEW ACCOUN'l'ABILITY.- Jot lat er 4 than 1 year aft er th e dat e of ena ctment of this Act and 5 amma lly th ereaft er, with r espect to all orders issued with- 6 in th e preceding year th at impose a concbt ion on a sale, 7 lease, or other disposition of public u tility facilities und er 8 section 203(b) of the F ederal Power Act , th e F ederal En - 9 ergy Regulator y Commission shall t ransmit a report to 10 Congress eArp lain.in g each of the following : 11 (1) The condit ion imposed . 12 (2) "\\Thether the Commission could have im- 13 posed such condition by exercising its authorit y 14 under any provision of the F ederal Power Act other 15 than under section 203(b). 16 (3) If the Co1m11ission could not have imposed 17 such condition other than und er section 203 (b), why 18 th e Conmrission determin ed that such condition was 19 consistent '"rith th e public interest. 20 SEC. 1292. ELECTRIC UTILITY MERGERS. 21 (a) Ai\m NDlV m NT.- Section 203(a) of th e F edera l 22 Power Act (16 U .S.C. 824b(a) ) is amended to read as fol23 lo-ws: oHR 6 EH AMERICA!\ pVERSIGHT 62 3 CEQ050FY18091_000000439 CEQ-18-0173-C-000661 621 1 approval) of appli cation s for t he sale, lease, or other 2 disposition of public ub lity facilities. 3 (b) :MER GER REVIEW ACCOUN'l'ABILITY.- Jot lat er 4 than 1 year aft er th e dat e of ena ctment of this Act and 5 amma lly th ereaft er, with r espect to all orders issued with- 6 in th e preceding year th at impose a concbt ion on a sale, 7 lease, or other disposition of public u tility facilities und er 8 section 203(b) of the F ederal Power Act , th e F ederal En - 9 ergy Regulator y Commission shall t ransmit a report to 10 Congress eArp lain.in g each of the following : 11 (1) The condit ion imposed . 12 (2) "\\Thether the Commission could have im- 13 posed such condition by exercising its authorit y 14 under any provision of the F ederal Power Act other 15 than under section 203(b). 16 (3) If the Co1m11ission could not have imposed 17 such condition other than und er section 203 (b), why 18 th e Conmrission determin ed that such condition was 19 consistent '"rith th e public interest. 20 SEC. 1292. ELECTRIC UTILITY MERGERS. 21 (a) Ai\m NDlV m NT.- Section 203(a) of th e F edera l 22 Power Act (16 U .S.C. 824b(a) ) is amended to read as fol23 lo-ws: oHR 6 EH AMERICA!\ pVERSIGHT 62 3 CEQ050FY18091_000000439 CEQ-18-0173-C-000661 622 "(a)( l ) No public utility shall, with out fir st having 1 2 secur ed an order of th e Commission authorizing it to do 3 so4 "(A) sell, lease, or otherwise dispose of the 5 whole of its facilities subject to the j urisdiction of 6 th e Commission , or any part th ereof of a value in 7 excess of $10,000,000; 8 9 10 "(B) merge or consolidat e, directly or indi- rectly, such facilities or any pa rt thereof with t hose of any other person, by any means ?whatsoever; or 11 "(C) purc hase, acquire, or take any securit y 12 with a value in excess of $10,000 ,000 of any other 13 public ut ility. 14 "(2) No holding company in a h olding company sys- 15 tem that iJ1c]udes a public utiht y shall pur cha se, acquire, 16 or tak e any securi ty ?with a valu e in excess of $10,000 ,000 17 of, or, by any means what soever , directly or indirectly, 18 merge or consolidate with , a public utility or a holding 19 company in a holding company syst em that includes a 20 public utility ?with a value in excess of $10,000 ,000 ?with- 21 out first having secured an order of th e Commission au22 thorizin g it to do so. 23 "(3) Upon receipt of an applicat ion for such approva l 24 the Commission shall give reasonab le notice in ,,vritin g to 25 the Govern or and State commission of each of t he States oHR 6 EH AMERICA!\ pVERSIGHT 624 CEQ050FY18091 _000000439 CEQ-18-0173-C-000662 622 "(a)( l ) No public utility shall, with out fir st having 1 2 secur ed an order of th e Commission authorizing it to do 3 so4 "(A) sell, lease, or otherwise dispose of the 5 whole of its facilities subject to the j urisdiction of 6 th e Commission , or any part th ereof of a value in 7 excess of $10,000,000; 8 9 10 "(B) merge or consolidat e, directly or indi- rectly, such facilities or any pa rt thereof with t hose of any other person, by any means ?whatsoever; or 11 "(C) purc hase, acquire, or take any securit y 12 with a value in excess of $10,000 ,000 of any other 13 public ut ility. 14 "(2) No holding company in a h olding company sys- 15 tem that iJ1c]udes a public utiht y shall pur cha se, acquire, 16 or tak e any securi ty ?with a valu e in excess of $10,000 ,000 17 of, or, by any means what soever , directly or indirectly, 18 merge or consolidate with , a public utility or a holding 19 company in a holding company syst em that includes a 20 public utility ?with a value in excess of $10,000 ,000 ?with- 21 out first having secured an order of th e Commission au22 thorizin g it to do so. 23 "(3) Upon receipt of an applicat ion for such approva l 24 the Commission shall give reasonab le notice in ,,vritin g to 25 the Govern or and State commission of each of t he States oHR 6 EH AMERICA!\ pVERSIGHT 624 CEQ050FY18091 _000000439 CEQ-18-0173-C-000662 623 1 in which th e physical prop erty affect ed, or any part th ere- 2 of, is situat ed, and to such oth er per sons as i.t nlay deem 3 advisable . 4 "( 4) After noti ce and opportunit y for hearing , th e 5 Commission shall appr ove the pr oposed disposition , con6 solidation , acqu_isition, or change in contro l, if it finds that 7 th e pr oposed tran saction will be consistent with the public 8 inter est. In evaluatin g ,,vheth er a tran saction will be con- 9 sistent with th e publi c int er est , th e Commission shall con10 sider wheth er th e pr oposed tr ansaction11 " (A) will ad equat ely pr otect consmn er int er est s; 12 " (B) will be consistent '"ri.th competiti ve whole- 13 sale mark ets? ' 14 "(C) "rill impair th e finan cial int egTity of any 15 publi c utilit y that is a part y to th e tra nsaction or an 16 ass ociat e comp any of any p art y to th e tran sac tion; 17 and 18 " (D ) sati sfies such other criteria as th e Com- 19 mission consider s consistent with th e pub lic int er est . 20 "(5) Th e Commission shall, by rule , adopt pr ocedur es 21 for the e.1. 1Jeclitious consideration of application s for the 22 appro val of disposition s, consolidation s, or acqu_isitions 23 und er thi s section. Su ch ntl es shall identi fy classes of 24 tran sactions, or specify crit eria for tran sact ions, t ha t nor 25 mally meet th e standard s establi shed in para graph ( 4) . oHR 6 EH AMERICA!\ pVERSIGHT 625 CEQ050FY18091 _000000439 CEQ-18-0173-C-000663 623 1 in which th e physical prop erty affect ed, or any part th ere- 2 of, is situat ed, and to such oth er per sons as i.t nlay deem 3 advisable . 4 "( 4) After noti ce and opportunit y for hearing , th e 5 Commission shall appr ove the pr oposed disposition , con6 solidation , acqu_isition, or change in contro l, if it finds that 7 th e pr oposed tran saction will be consistent with the public 8 inter est. In evaluatin g ,,vheth er a tran saction will be con- 9 sistent with th e publi c int er est , th e Commission shall con10 sider wheth er th e pr oposed tr ansaction11 " (A) will ad equat ely pr otect consmn er int er est s; 12 " (B) will be consistent '"ri.th competiti ve whole- 13 sale mark ets? ' 14 "(C) "rill impair th e finan cial int egTity of any 15 publi c utilit y that is a part y to th e tra nsaction or an 16 ass ociat e comp any of any p art y to th e tran sac tion; 17 and 18 " (D ) sati sfies such other criteria as th e Com- 19 mission consider s consistent with th e pub lic int er est . 20 "(5) Th e Commission shall, by rule , adopt pr ocedur es 21 for the e.1. 1Jeclitious consideration of application s for the 22 appro val of disposition s, consolidation s, or acqu_isitions 23 und er thi s section. Su ch ntl es shall identi fy classes of 24 tran sactions, or specify crit eria for tran sact ions, t ha t nor 25 mally meet th e standard s establi shed in para graph ( 4) . oHR 6 EH AMERICA!\ pVERSIGHT 625 CEQ050FY18091 _000000439 CEQ-18-0173-C-000663 624 1 rn, e Commission shal l provide e:>.. rpedited review for such 2 tran sactions. rrh e Commission shall grant or deny any 3 other application for approval of a transaction not later 4 than 180 days after th e application is filed. If the Com5 mission does not act within 180 days, such application 6 shall be deemed grant ed unJess the Commission finds, 7 based on good cause, that furth er consideration is required 8 to determin e wheth er th e propo sed tran saction meets th e 9 sta ndard s of para graph (4) and issnes an order tolling th e 10 time for acting on the application for not more than 180 11 days, at th e end of v;1hich additiona l period the Commis- 12 sjon shall grant or deny the application. 13 ''( 6) For purposes of thi s subsection , th e terms 'asso - 14 ciat e company', 'holding company', and 'holding company 15 system' have th e meanin g given those terms in the Publi c 16 Utility Holding Company Act of 200 5." . 17 (b) E PJ<'ECTIVE DNl'E.-Th e am.enclment s mad e by 18 thi s section shall take effect 12 month s after the date of 19 enactment of this section. Subtitle I-Definitions 20 21 SEC. 1295. DEFINITIONS. 22 (a) E LE C'l'RJC UTIL.l'l'Y.-Sect ion 3(22) of the Fed- 23 eral Power Act (16 U.S.C. 796(22 )) is amended to read 24 as follows: oHR 6 EH AMERICA!\ pVERSIGHT 626 CEQ050FY18091 _000000439 CEQ-18-0173-C-000664 624 1 rn, e Commission shal l provide e:>.. rpedited review for such 2 tran sactions. rrh e Commission shall grant or deny any 3 other application for approval of a transaction not later 4 than 180 days after th e application is filed. If the Com5 mission does not act within 180 days, su ch application 6 shall be deemed grant ed unJess the Commission finds, 7 based on good cause, that furth er consideration is required 8 to determin e wheth er th e propo sed tran saction meets th e 9 sta ndard s of para graph (4) and issnes an order tolling th e 10 time for acting on the application for not more than 180 11 days, at th e end of v;1hich additiona l period the Commis- 12 sjon shall grant or deny the application. 13 ''( 6) For purposes of thi s subsection , th e terms 'asso - 14 ciat e company', 'holding company', and 'holding company 15 system' have th e meanin g given those terms in the Publi c 16 Utility Holding Company Act of 200 5." . 17 (b) E PJ<'ECTIVE DNl'E.-Th e am.enclment s mad e by 18 thi s section shall take effect 12 month s after the date of 19 enactment of this section. Subtitle I-Definitions 20 21 SEC. 1295. DEFINITIONS. 22 (a) E LE C'l'RJC UTIL.l'l'Y.-Sect ion 3(22) of the Fed- 23 eral Power Act (16 U.S.C. 796(22 )) is amended to read 24 as follows: oHR 6 EH AMERICA!\ pVERSIGHT 626 CEQ050FY18091 _000000439 CEQ-18-0173-C-000664 625 1 "(2 2) ELECTRIC UTILITY.-Th e t erm 'electri c 2 utilit y' m.ean s any per son or Federal or State agency 3 (including any entit y described in sect ion 201 (f)) 4 that sells electri c energy; such term includ es th e 5 Tenn essee Valley Aut ho1?ity and each F ederal puwer 6 mark etin g administratio n. " . 7 (b) 'rl{ANSM I'l"I'ING UTI!Jl'l'Y.-Section 3(23) of the 8 F ederal Power Act (16 U.S .C. 796(23 )) is amended to 9 r ead as folluws: TRANSJ\ UTTINO- UTILITY.- rfh e ''(23) 10 term 11 'tran smittin g utilit y' means an enti ty, including any 12 entit y described in section 201 (f), th at owns, oper - 13 ates, or control s faciliti es used for the transm ission 14 of electric ener gy- 15 "(A) in int er stat e commerce; or 16 "(B) 17 18 for the sale of electr ic energy at wholesale.". (c) ADDITIONAL DEFI NITI0NS.-Scct ion 3 of the 19 F ederal Po wer Act (16 U .S.C. 796) is amended by adding 20 at the end the follm,ving: 21 "(2 6) Et, ECTI-U C C00PEHJ\'l'IVE.-Th e t erm 22 'electri c cooperativ e' means a cooperati vely ovil"ned 23 electr ic utilitv. " 24 "(2 7) R'rO. - Th e term 'Regional 'fr ansm ission 25 Organizatio n' or 'RTO ' means an enti ty of sufficient oHR 6 EH AMERICA!\ pVERSIGHT 627 CEQ050FY18091 _000000439 CEQ-18-0173-C-000665 625 1 "(2 2) ELECTRIC UTILITY.-Th e t erm 'electri c 2 utilit y' m.ean s any per son or Federal or State agency 3 (including any entit y described in sect ion 201 (f)) 4 that sells electri c energy; such term includ es th e 5 Tenn essee Valley Aut ho1?ity and each F ederal puwer 6 mark etin g administratio n. " . 7 (b) 'rl{ANSM I'l"I'ING UTI!Jl'l'Y.-Section 3(23) of the 8 F ederal Power Act (16 U.S .C. 796(23 )) is amended to 9 r ead as folluws: ''(23) 10 TRANSJ\ UTTINO- UTILITY.- rfh e term 11 'tran smittin g utilit y' means an enti ty, including any 12 entit y described in section 201 (f), th at owns, oper - 13 ates, or control s faciliti es used for the transm ission 14 of electric ener gy- 15 "(A) in int er stat e commerce; or 16 "(B) 17 18 for the sale of electr ic energy at wholesale.". (c) ADDITIONAL DEFI NITI0NS.-Scct ion 3 of the 19 F ederal Po wer Act (16 U .S.C. 796) is amended by adding 20 at the end the follm,ving: 21 "(2 6) Et, ECTI-U C C00PEHJ\'l'IVE.-Th e t erm 22 'electri c cooperativ e' means a cooperati vely ovil"ned 23 electr ic utilitv. " 24 "(2 7) R'rO. - Th e term 'Regional 'fr ansm ission 25 Organizatio n' or 'RTO ' means an enti ty of sufficient oHR 6 EH AMERICA!\ pVERSIGHT 627 CEQ050FY18091 _000000439 CEQ-18-0173-C-000665 626 1 regional scope approved by th e Commission to exer- 2 cise operational or functional control of facilities 3 used for the transmission of electric energy in int er - 4 state commerce and to ensur e nondisc1?iminatory ac- 5 cess to such facilities. 6 "(28) ISO.-Th e term 'Ind ependent System 7 Operator ' or 'ISO ' means an entit y approved by the 8 Commission to exercise operationa l or functional 9 control of facilities used for the transmission of clec- 10 tr ic energy in interstate commerce and to ensur e 11 nondiscriminator y access to such facilities.'' . 12 (d) C0Ml\USSI0N.-For the purposes of thi s titl e, th e 13 term "Commission" means th e Federal En ergy Regu14 latory Commission. 15 (e) APPLICAR ILT'rY.-Section 201(f) of the Federal 16 Power Act (16 U.S .C. 824(?')) is amended by adcling aft er 17 "political subdivision of a sta te ," the following: "a n elec18 tri c cooperati ve that ha s financ ing und er the RuraJ Elec19 trificat ion Act of 1936 (7 U .S.C. 901 ct seq.) or that sells 20 less than 4,000,000 megawatt hour s of electri city per 21 year ," . 22 23 Subtitle J-Technical and Conforming Amendments 24 SEC. 1297. CONFORMING AMENDMENTS. 25 The F ederal Power Act is amended as follows: oHR 6 EH AMERICA!\ pVERSIGHT 628 CEQ050FY18091 _000000439 CEQ-18-0173-C-000666 626 1 regional scope approved by th e Commission to exer- 2 cise operational or functional control of facilities 3 used for the transmission of electric energy in int er - 4 state commerce and to ensur e nondisc1?iminatory ac- 5 cess to such facilities. 6 "(28) ISO.-Th e term 'Ind ependent System 7 Operator ' or 'ISO ' means an entit y approved by the 8 Commission to exercise operationa l or functional 9 control of facilities used for the transmission of clec- 10 tr ic energy in interstate commerce and to ensur e 11 nondiscriminator y access to such facilities.'' . 12 (d) C0Ml\USSI0N.-For the purposes of thi s titl e, th e 13 term "Commission" means th e Federal En ergy Regu14 latory Commission. 15 (e) APPLICAR ILT'rY.-Section 201(f) of the Federal 16 Power Act (16 U.S .C. 824(?')) is amended by adcling aft er 17 "political subdivision of a sta te ," the following: "a n elec18 tri c cooperati ve that ha s financ ing und er the RuraJ Elec19 trificat ion Act of 1936 (7 U .S.C. 901 ct seq.) or that sells 20 less than 4,000,000 megawatt hour s of electri city per 21 year ," . 22 23 Subtitle J-Technical and Conforming Amendments 24 SEC. 1297. CONFORMING AMENDMENTS. 25 The F ederal Power Act is amended as follows: oHR 6 EH AMERICA!\ pVERSIGHT 628 CEQ050FY18091 _000000439 CEQ-18-0173-C-000666 627 (1) Section 201(b)(2) of su ch Act (16 U.S.C. 1 2 824(b)(2)) is amended as follows: 3 (A) In th e first sent ence by strikin g "210 , 4 211, and 212" and inserting "20 3(a)(2) , 5 206( c), 210 , 211, 211A, 212 , 215 , 216 , 217 , 6 218, 219, 220, 221, and 222 " . 7 (B) In th e second sent ence by strikin g 8 " 210 or 211 " and insertin g "203(a)(2) , 206( e), 9 210, 211, 211A, 212, 215, 216 , 217 , 218, 219 , 220, 221 , and 222 " . 10 (C) Section 201 (b)(2) 11 of such Act is 12 amended by strikin g wrhe " i.n th e first place it 13 appear s and inserting " Notwith standin g section 14 201(f), th e" and in th e second senten ce aft er 15 " any o order'' by o insertino' 0 "or rule" . 16 (2) Section 201(e) of such Act is amended by 17 st ril,ing " 210 , 211 , or 212 " and insertin g " 206( c), 18 206(f ), 210, 211, 211A, 212 , 215, 216 , 217, 218, 19 219 , 220, 221, and 222" . 20 21 (3) Section 206 of such Act (16 U.S .C. 824c) is aniended as fo]lows: 22 (A) In sub section (b), in th e seventh sen- 23 tence, by str iking "th e public utilit y to make" . oHR 6 EH AMERICA!\ pVERSIGHT 629 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000667 627 (1) Section 201(b)(2) of su ch Act (16 U.S.C. 1 2 824(b)(2)) is amended as follows: 3 (A) In th e first sent ence by strikin g "210 , 4 211, and 212" and inserting "20 3(a)(2) , 5 206( c), 210 , 211, 211A, 212 , 215 , 216 , 217 , 6 218, 219, 220, 221, and 222 " . 7 (B) In th e second sent ence by strikin g 8 " 210 or 211 " and insertin g "203(a)(2) , 206( e), 9 210, 211, 211A, 212, 215, 216 , 217 , 218, 219 , 220, 221 , and 222 " . 10 (C) Section 201 (b)(2) 11 of such Act is 12 amended by strikin g wrhe " i.n th e first place it 13 appear s and inserting " Notwith standin g section 14 201(f), th e" and in th e second senten ce aft er 15 " any o order'' by o insertino' 0 "or rule" . 16 (2) Section 201(e) of such Act is amended by 17 st ril,ing " 210 , 211 , or 212 " and insertin g " 206( c), 18 206(f ), 210, 211, 211A, 212 , 215, 216 , 217, 218, 19 219 , 220, 221, and 222" . 20 21 (3) Section 206 of such Act (16 U.S .C. 824c) is aniended as fo]lows: 22 (A) In sub section (b), in th e seventh sen- 23 tence, by str iking "th e public utilit y to make" . oHR 6 EH AMERICA!\ pVERSIGHT 629 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000667 628 1 (B) In the first sentence of subsection (a), 2 by striking ''hear ing had " and inser ting " hear - 3 ing held" . 4 (4) Section 211(c) of such Act (16 U.S .C. 5 824j(c)) is amended by- 6 (A) strikin g "(2)"; 7 (B) str iking "(A)" and in sert ing "( 1)" 8 (C) strikin g "( B) " and inserting "(2)"; 9 and 10 (D) strikin g "termination of modification" 11 and inserting "termination or modification " . 12 (5) Section 21 1(d)( l ) of such Act (16 U.S.C. 13 824j (d)(l)) is amended by strikin g "e lectric utilit y'' 14 the second tirne it appears and insertin g "tran srnit - 15 tin g utiJjty''. 16 (6) Section 315 (c) of such Act (16 U.S.C. 17 825n(c)) is amended by st riking "subsection" and 18 inserting "sectio n" . 19 20 21 Subtitle K-Economic Dispatch SEC. 1298. ECONOMIC DISPAT CH. Part II of th e F ederal Power Act (16 U.S.C. 824 et 22 seq.) is amended by addin g at th e end th e fo]Jm,vjug: 23 "SEC. 223. JOINT BOARDS ON ECONOMIC DISPATCH. 24 "(a) IN GENERAL. - The Commission shall convene 25 j oint boards on a r egional basis pur suant to section 209 oHR 6 EH AMERICA!\ pVERSIGHT 630 CEQ050 FY18091_000000439 CEQ-18-0173-C-000668 628 1 (B) In the first sentence of subsection (a), 2 by striking ''hear ing had " and inser ting " hear - 3 ing held" . 4 (4) Section 211(c) of such Act (16 U.S .C. 5 824j(c)) is amended by- 6 (A) strikin g "(2)"; 7 (B) str iking "(A)" and in sert ing "( 1)" 8 (C) strikin g "( B) " and inserting "(2)"; 9 and 10 (D) strikin g "termination of modification" 11 and inserting "termination or modification " . 12 (5) Section 21 1(d)( l ) of su ch Act (16 U.S.C. 13 824j (d)(l)) is amended by strikin g "e lectric utilit y'' 14 the second tirne it appears and insertin g "tran srnit - 15 tin g utiJjty''. 16 (6) Section 315 (c) of such Act (16 U.S.C. 17 825n(c)) is amended by st riking "subsection" and 18 inserting "sectio n" . 19 20 21 Subtitle K-Economic Dispatch SEC. 1298. ECONOMIC DISPAT CH. Part II of th e F ederal Power Act (16 U.S.C. 824 et 22 seq.) is amended by addin g at th e end th e fo]Jm,vjug: 23 "SEC. 223. JOINT BOARDS ON ECONOMIC DISPATCH. 24 "(a) IN GENERAL. - The Commission shall convene 25 j oint boards on a r egional basis pur suant to section 209 oHR 6 EH AMERICA!\ pVERSIGHT 630 CEQ050 FY18091_000000439 CEQ-18-0173-C-000668 629 1 of thi s Act to study th e issu e of securit y constr ained eco- 2 nom.-i c dispatch for the var ious market regions. Th e Com3 mission shall designat e the appropriat e regions to be cov4 creel by each such joint board for purpo ses of t his section. 5 "(b) MEl\IBERSIIIP.- The Commission shall request 6 each State to nomjnat e a rep resentati ve for th e appr o7 priate regional j oint board , and shall designate a member 8 of th e Commission to chair and part icipat e as a member 9 of each such board . 10 "(c) PO'li\TER S.- rrh e sole auth orit y of each joint 11 board convened m1der this section shall be to consider 12 1Ssues relevant to vvhat constitut es 'securit y constra ined 13 economic dispat ch ' and how su ch a mode of operating an 14 electri c energy system affects or enh ances the reliability 15 and affordabilit y of service to cu stomers in th e region con- 16 cerned and to make r ecommendation s to the Commission 17 regarding such issues. 18 "( d) REPORT TO 'l'IIE CONGRESS.-:VVithin one year 19 aft er ena ctment of this section , the Commission shall issue 20 a repo rt and submit su ch report to th e Congress regar ding 21 the recommendations of the joint boards under thi s section 22 and th e Commission may consolidat e th e recommenda23 tions of more than one such regional joint board , includin g 24 any consensu s recommendati ons for sta tut ory or rcgu25 latory reform. " . oHR 6 EH AMERICA!\ pVERSIGHT 631 CEQ050FY18091 _000000439 CEQ-18-0173-C-000669 629 1 of thi s Act to study th e issu e of securit y constr ained eco- 2 nom.-i c dispatch for the var ious market regions. Th e Com3 mission shall designat e the appropriat e regions to be cov4 creel by each such joint board for purpo ses of t his section. 5 "(b) MEl\IBERSIIIP.- The Commission shall request 6 each State to nomjnat e a rep resentati ve for th e appr o7 priate regional j oint board , and shall designate a member 8 of th e Commission to chair and part icipat e as a member 9 of each such board . 10 "(c) PO'li\TER S.- rrh e sole auth orit y of each joint 11 board convened m1der this section shall be to consider 12 1Ssues relevant to vvhat constitut es 'securit y constra ined 13 economic dispat ch ' and how su ch a mode of operating an 14 electri c energy system affects or enh ances the reliability 15 and affordabilit y of service to cu stomers in th e region con- 16 cerned and to make r ecommendation s to the Commission 17 regarding such issues. 18 "( d) REPORT TO 'l'IIE CONGRESS.-:VVithin one year 19 aft er ena ctment of this section , the Commission shall issue 20 a repo rt and submit su ch report to th e Congress regar ding 21 the recommendations of the joint boards under thi s section 22 and th e Commission may consolidat e th e recommenda23 tions of more than one such regional joint board , includin g 24 any consensu s recommendati ons for sta tut ory or rcgu25 latory reform. " . oHR 6 EH AMERICA!\ pVERSIGHT 631 CEQ050FY18091 _000000439 CEQ-18-0173-C-000669 630 1 2 TITLE XIII-ENERGY INCENTIVES TAX 3 SEC. 1300. SHORT TITLE; ETC. 4 (a) SI-IORtr 'rl'l' I,E.-'rhis titl e may be cited as th e 5 "Enhan ced En ergy Infr astru ctur e and 'l1echnology 'l1ax 6 Act of 200 5" . 7 (b) Al\'[ENDlHEN'l' OF 1986 CODE.- Except as other- s wise e;q)ressly provided, whenever in t his title an amend- 9 ment or repeal is eA. 1)ressed in terms of an amendm ent 10 to, or repeal of, a section or other provision , the reference 11 shall be considered to be made to a section or other provi- 12 sion of th e In ternal Revenu e Code of 1986. 13 14 Subtitle A-Energy Infrastructure Tax Incentives 15 SEC. 1301. NATURAL GAS GATHERING LINES TREATED AS 7- 16 17 YEAR PROPERTY. (a) I N GENERAL.-Sub par agraph (C) of section 18 168(e)(3) (relati ng to classificat ion of certai n property) is 19 amended by strikin g "and" at the end of clause (iii ), by 20 retlesignati ng clau se (iv) as clau se (v), and by inserting 21 aft er clause (iij) the foUm,~.ng new clause: 22 "( iv) any natura l gas gathe ring line, and''. 23 oHR 6 EH AMERICA!\ pVERSIGHT 632 CEQ050FY18091 _000000439 CEQ-18-0173-C-000670 630 1 2 TITLE XIII-ENERGY INCENTIVES TAX 3 SEC. 1300. SHORT TITLE; ETC. 4 (a) SI-IORtr 'rl'l' I,E.-'rhis titl e may be cited as th e 5 "Enhan ced En ergy Infr astru ctur e and 'l1echnology 'l1ax 6 Act of 200 5" . 7 (b) Al\'[ENDlHEN'l' OF 1986 CODE.- Except as other- s wise e;q)ressly provided, whenever in t his title an amend- 9 ment or repeal is eA. 1)ressed in terms of an amendm ent 10 to, or repeal of, a section or other provision , the reference 11 shall be considered to be made to a section or other provi- 12 sion of th e In ternal Revenu e Code of 1986. 13 14 Subtitle A-Energy Infrastructure Tax Incentives 15 SEC. 1301. NATURAL GAS GATHERING LINES TREATED AS 7- 16 17 YEAR PROPERTY. (a) I N GENERAL.-Sub par agraph (C) of section 18 168(e)(3) (relati ng to classificat ion of certai n property) is 19 amended by strikin g "and" at the end of clause (iii ), by 20 retlesignati ng clau se (iv) as clau se (v), and by inserting 21 aft er clause (iij) the foUm,~.ng new clause: 22 "( iv) any natura l gas gathe ring line, and''. 23 oHR 6 EH AMERICA!\ pVERSIGHT 632 CEQ050FY18091 _000000439 CEQ-18-0173-C-000670 631 1 (b) NNrURJ\ TJ GAS G N rTIEHJ NG L1Nrn.-Sub section (i) 2 of section 168 is amended by inser ting after paragraph 3 (16) th e follm,ving new paragraph: 4 5 "(17 ) NATURAL GAS GATHE RI NG LINE. - Th c term 'natura l gas gathe ring line' means- 6 "(A) th e pipe, equiprnent, and appur- 7 tenan ces determined to be a gathe ring line by 8 the F edera l En ergy ReguJatory Commission, 9 and "(B) 10 the pipe, equipment , and appur- 11 tena nces used to delive1? natural gas from the 12 ?wellhead or a commonpoint to the point at 13 which su ch gas first rea.ches- 14 " (i) a gas pro cessing plant , 15 "( u) an int erconnection ,;\rith a tra ns- 16 mission pipeline for which a certificat e as 17 an inter state 18 been issued by the F ederal En ergy Regu- 19 latory Commission, "(".) 111 20 21 an transmiss ion pipeline has interco1m ection ?with an intra stat e transmission pipeline, or 22 "( iv) a direct int erconnection with a 23 local dist ribution company, a gas storage 24 facility, or an industria l consumer ." . oHR 6 EH AMERICA!\ pVERSIGHT 633 CEQ050FY18091 _000000439 CEQ-18-0173-C-000671 631 1 (b) NNrURJ\ TJ GAS G N rTIEHJ NG L1Nrn.-Sub section (i) 2 of section 168 is amended by inser ting after paragraph 3 (16) th e follm,ving new paragraph: 4 5 "(17 ) NATURAL GAS GATHE RI NG LINE. - Th c term 'natura l gas gathe ring line' means- 6 "(A) th e pipe, equiprnent, and appur- 7 tenan ces determined to be a gathe ring line by 8 the F edera l En ergy ReguJatory Commission, 9 and "(B) 10 the pipe, equipment , and appur- 11 tena nces used to delive1? natural gas from the 12 ?wellhead or a commonpoint to the point at 13 which su ch gas first rea.ches- 14 " (i) a gas pro cessing plant , 15 "( u) an int erconnection ,;\rith a tra ns- 16 mission pipeline for which a certificat e as 17 an inter state 18 been issued by the F ederal En ergy Regu- 19 latory Commission, "(".) 111 20 21 an transmiss ion pipeline has interco1m ection ?with an intra stat e transmission pipeline, or 22 "( iv) a direct int erconnection with a 23 local dist ribution company, a gas storage 24 facility, or an industria l consumer ." . oHR 6 EH AMERICA!\ pVERSIGHT 633 CEQ050FY18091 _000000439 CEQ-18-0173-C-000671 632 1 (c) AIIl'ERNJ\'l'IVESYSTEl\1.-rrhe tabl e contain ed in 2 section 168(g)(3)(B) is amended by inser ting after the 3 item relating to subparagraph (C)(iii) the following: "(C) (iv) ..... ........ .................... ............... ...... ....... ..... ..... ............ ...... ....... .... 4 14" . (d) AIIl'ERNATIVEl\llINil\IUlVITAx:EXCEP'l'ION.-S ub - 5 paragraph (B) of section 56(a)( l ) is amended by inserting 6 before the period the following: ", or in section 7 168(e)(3)(C)(jv)" . 8 (e) EF'FBC'J'fVI<.:DNrE.-Th e amen dment s made by 9 this section shall app ly to prop erty pla ced in service aft er 10 April 11, 200 5. 11 SEC. 1302. NATURAL GAS DISTRIBUTION LINES TREATED 12 13 AS 15-YEAR PROPERTY. (a) I N GENERJ\L.-Subpa ragraph (E) of section 14 168(e)(3) (relatin g to classification of certain propert y ) is 15 amended by striking "a nd " at th e end of clause (v), by 16 strikin g th e period at th e end of clause (vi) and inserti ng 17 ", and", and by addin g at th e end the foll0vving 11ew 18 clause: 19 "(vii) any natura l gas distribution 20 21 line." . (b) AIIl'ERNA'l'IVESYS'l'Ei\L- Th e tab le contain ed in 22 section 168(g)(3)( B ) is amended by insertin g after the 23 item relating to subpara gra ph (E)(vi) th e following : " (E) (vii) .... ........ ................. ........... ..... ............ ................ ....... ............... .... 35" . oHR 6 EH AMERICA!\ pVERSIGHT 634 CEQ050FY18091 _000000439 CEQ-18-0173-C-000672 632 1 (c) AIIl'ERNJ\'l'IVESYSTEl\1.-rrhe tabl e contain ed in 2 section 168(g)(3)(B) is amended by inser ting after the 3 item relating to subparagraph (C)(iii) the following: "(C) (iv) ..... ........ .................... ............... ...... ....... ..... ..... ............ ...... ....... .... 4 14" . (d) AIIl'ERNATIVEl\llINil\IUlVITAx:EXCEP'l'ION.-S ub - 5 paragraph (B) of section 56(a)( l ) is amended by inserting 6 before the period the following: ", or in section 7 168(e)(3)(C)(jv)" . 8 (e) EF'FBC'J'fVI<.:DNrE.-Th e amen dment s made by 9 this section shall app ly to prop erty pla ced in service aft er 10 April 11, 200 5. 11 SEC. 1302. NATURAL GAS DISTRIBUTION LINES TREATED 12 13 AS 15-YEAR PROPERTY. (a) I N GENERJ\L.-Subpa ragraph (E) of section 14 168(e)(3) (relatin g to classification of certain propert y ) is 15 amended by striking "a nd " at th e end of clause (v), by 16 strikin g th e period at th e end of clause (vi) and inserti ng 17 ", and", and by addin g at th e end the foll0vving 11ew 18 clause: 19 "(vii) any natura l gas distribution 20 21 line." . (b) AIIl'ERNA'l'IVESYS'l'Ei\L- Th e tab le contain ed in 22 section 168(g)(3)( B ) is amended by insertin g after the 23 item relating to subpara gra ph (E)(vi) th e following : " (E) (vii) .... ........ ................. ........... ..... ............ ................ ....... ............... .... 35" . oHR 6 EH AMERICA!\ pVERSIGHT 634 CEQ050FY18091 _000000439 CEQ-18-0173-C-000672 633 1 (c) E F lo'EC T I\TB DATE.-rrh e amendment s made by 2 thi s section shall apply to property placed in service aft er 3 April 11, 200 5. 4 SEC. 1303. ELECTRIC TRANSMISSION PROPERTY TREATED 5 6 AS 15-YEAR PROPERTY. (a) IN GENERAL.-Subpa ragraph (E ) of sect ion 7 168(e) (3) (relatin g to classificabon of certain pr operty), 8 as an1endelABLE THE N l'lVIEN'l' 18 F ACILl'l'Y.-Subpara graph (B) of section 169(d)(4) is 19 amended to read as follows: 20 "(B) CER'l'AJN FACILITIES PLA.CED IN OP- 21 ERNl'ION AFTER APRIL 11, 2005 .-l 22 any facility describ ed in pa ragi-a,ph (1) solely by 23 reason of paragraph 24 shall be applied by sub sbtut ing 'Apr il 11, 200 5' 25 for 'December 31, 1968' each place it appears 26 th er ein ." . n the case of (5), subpara graph (A) oHR 6 EH AMERICA!\ pVERSIGHT 636 CEQ050FY18091 _000000439 CEQ-18-0173-C-000674 634 1 SEC. 1304. EXPANSION OF AMORTIZATION FOR CERTAIN 2 ATMOSPHERIC POLLUTION CONTROL FACILI- 3 TIES 4 PLACED IN SERVICE AFTER 1975. 5 (a) IN CONNECTION ELIGIBILITY WITH PLANTS FffiST OF PO S'l'-1 975 POLL U'l'ION CoN - 6 'l'ROL FACILI'l'IES.- Subsection (d) of section 1 69 (relat7 ing to definition s) is a111endedby adding at the end the 8 following: 9 " (5) SPJDCIALR,U JJE RE,LA'l' l NG '1'0 cum: r 1UN A'l'- 10 1VJOSPHERJC POI 1LU'I'ION CON'l'JtOL FACIL ITIES .-ln 11 the case of any atmospheric pollution control facility 12 ?which is placed in service after April 11, 2005 , and 13 used in connection with an electr ic generat ion plant 14 or other property ?which is pr imarily coal fir ed, para- 15 graph (1) shall be applied without regard to the 16 phrase 'in operation before Januar y 1, 1976'.". 17 (b) T REN1'1\fEN'l' AS NEW lDE N'l'Il i>lABLE THE N l'lVIEN'l' 18 F ACILl'l'Y.-Subpara graph (B) of section 169(d)(4) is 19 amended to read as follows: 20 "(B) CER'l'AJN FACILITIES PLA.CED IN OP- 21 ERNl'ION AFTER APRIL 11, 2005 .-l 22 any facility describ ed in pa ragi-a,ph (1) solely by 23 reason of paragraph 24 shall be applied by sub sbtut ing 'Apr il 11, 200 5' 25 for 'December 31, 1968' each place it appears 26 th er ein ." . n the case of (5), subpara graph (A) oHR 6 EH AMERICA!\ pVERSIGHT 636 CEQ050FY18091 _000000439 CEQ-18-0173-C-000674 635 1 (c) rl1ECI?NJCAL, 1\J\ f!:!}N Dl\JEN'l'.-S ection 169 (c1)( 3) is 2 amend ed by strik ing " H eaJth , Education , and vVelfare" 3 and in serting " He alth and Hrun an Services" . 4 (cl) EFFE C''l'IVE DATE.- rfhc amendm ent s mad e by 5 thi s section shal l apply to fa cilities placed in service aft er 6 ApriJ 11, 2005. 7 SEC. 1305. MODIFICATION OF CREDIT FOR PRODUCING 8 9 FUEL FROM A NONCONVENTIONAL SOURCE. (a) TREATMENT AS BUSINESS CREDIT.- 10 (1) CR.EDITl\IOVED TO SUBPART RELATING TO 11 BUSINESS R.ELi'tTED CREDITS.- Th c Int el'nal Rcv- 12 enue Code of 1986 is a mend ed by redesignat iug sec- 13 ti.on 29 as section 45J and by mmri.ng section 4 5J 14 (as so r edesi.g nated) from subpart B of part IV of 15 subchapt er A of chapt er 1 to th e end of subp art D 16 of part IV of subchapt er A of chapt er 1. (2) CREDIT TREN !'ED AS BUSD ESS CREDI'l'.- 17 18 Section 38 (b) is amend ed by strik ing " plu s" at th e 19 end of para graph (18), by striki ng th e p eriod at th e 20 end of para graph (19) and in serting ", plus", and 21 by adding at th e end th e following : 22 23 '' (20) the non conventionaJ sour ce produ ction credit determin ed und er section 45J(a). " . (3 ) CONFORMING Al\IENDl\fENTS.- 24 oHR 6 EH AMERICA!\ pVERSIGHT 637 CEQ050 FY18091_000000439 CEQ-18-0173-C-000675 635 1 (c) rl1ECI?NJCAL, 1\J\ f!:!}N Dl\JEN'l'.-S ection 169 (c1)( 3) is 2 amend ed by strik ing " H eaJth , Education , and vVelfare" 3 and in serting " He alth and Hrun an Services" . 4 (cl) EFFE C''l'IVE DATE.- rfhc amendm ent s mad e by 5 thi s section shal l apply to fa cilities placed in service aft er 6 ApriJ 11, 2005. 7 SEC. 1305. MODIFICATION OF CREDIT FOR PRODUCING 8 9 FUEL FROM A NONCONVENTIONAL SOURCE. (a) TREATMENT AS BUSINESS CREDIT.- 10 (1) CR.EDITl\IOVED TO SUBPART RELATING TO 11 BUSINESS R.ELi'tTED CREDITS.- Th c Int el'nal Rcv- 12 enue Code of 1986 is a mend ed by redesignat iug sec- 13 ti.on 29 as section 45J and by mmri.ng section 4 5J 14 (as so r edesi.g nated) from subpart B of part IV of 15 subchapt er A of chapt er 1 to th e end of subp art D 16 of part IV of subchapt er A of chapt er 1. (2) CREDIT TREN !'ED AS BUSD ESS CREDI'l'.- 17 18 Section 38 (b) is amend ed by strik ing " plu s" at th e 19 end of para graph (18), by striki ng th e p eriod at th e 20 end of para graph (19) and in serting ", plus", and 21 by adding at th e end th e following : 22 23 '' (20) the non conventionaJ sour ce produ ction credit determin ed und er section 45J(a). " . (3 ) CONFORMING Al\IENDl\fENTS.- 24 oHR 6 EH AMERICA!\ pVERSIGHT 637 CEQ050 FY18091_000000439 CEQ-18-0173-C-000675 636 1 (A) Section 30(b)(3)( A) 1s amended by 2 strik ing "sec tions 27 and 29 " and insertin g 3 "se ction 27 " . 4 (B) Sections 43(b)(2 ), 45I(b)(2)( C)(i) , and 5 613A(c)(6)(C) ar c each amended by strik ing 6 ' 7 45J(d)(2)(C )" . 1 section 29(d )(2)(C)" and insertin g "section (C) Section 45(e )(9) is amend ed- 8 9 (i) by strik ing "se ction 2 9" and m scrting "sec tion 45J ", and 10 11 (ii) by insertin g " (or und er section 29, 12 as in effect on the day before th e dat e of 13 enactm ent of the Enhan ced En ergy Infra- 14 stru cttu-e and 15 200 5, for any pri or taxable year )" before 16 th e period at the end th ereof. 17 (D) Section 451 is arnended- T echnology T a,-x Act of 18 (i) in sub section (c)(2)(A) by strik ing 19 "section 2 9 (d )( 5))" and insertin g "section 20 45J(d) (5))", and 21 (ii) in subsection (d)(3) by strikin g 22 "sec tion 29 " both places it appear s and in- 23 sertin g "sec tion 45J " . 24 (E ) Section 45J(a) , as 1?edcsignat cd by 25 par agr aph (1), is amended by strikin g "Th ere oHR 6 EH AMERICA!\ pVERSIGHT 638 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000676 636 1 (A) Section 30(b)(3)( A) 1s amended by 2 strik ing "sec tions 27 and 29 " and insertin g 3 "se ction 27 " . 4 (B) Sections 43(b)(2 ), 45I(b)(2)( C)(i) , and 5 613A(c)(6)(C) ar c each amended by strik ing 6 ' 7 45J(d)(2)(C )" . 1 section 29(d )(2)(C)" and insertin g "section (C) Section 45(e )(9) is amend ed- 8 9 (i) by strik ing "se ction 2 9" and m scrting "sec tion 45J ", and 10 11 (ii) by insertin g " (or und er section 29, 12 as in effect on the day before th e dat e of 13 enactm ent of the Enhan ced En ergy Infra- 14 stru cttu-e and 15 200 5, for any pri or taxable year )" before 16 th e period at the end th ereof. 17 (D) Section 451 is arnended- T echnology T a,-x Act of 18 (i) in sub section (c)(2)(A) by strik ing 19 "section 2 9 (d )( 5))" and insertin g "section 20 45J(d) (5))", and 21 (ii) in subsection (d)(3) by strikin g 22 "sec tion 29 " both places it appear s and in- 23 sertin g "sec tion 45J " . 24 (E ) Section 45J(a) , as 1?edcsignat cd by 25 par agr aph (1), is amended by strikin g "Th ere oHR 6 EH AMERICA!\ pVERSIGHT 638 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000676 637 1 shaJI be allowed as a credit again st the ta x im- 2 posed by thi s chapt er for th e taxable yea r " and 3 insertin g " For purposes of section 38, if the 4 ta~'Payer elects to have this section app ly, the 5 nonconventional sour ce produ ction cr edit dete r- 6 1n ined und er thj s section for the ta xable year 7 is". (F) Section 45J(b), as so r edesignat ed, 1s 8 9 amende d by str iking paragraph (6). 10 (G) Section 53(d)(l)(B)( iii) is amended by 11 st rikin g "U11de1?section 29" and all that follows 12 throu gh "or not allowed". (H) Section 55(c)(3) is amended by strik- 13 in g " 29(b) (6), " . 14 15 (I) Subsection (a) of section 772 is amend- 16 ed by insertin g ('an d" at the end of para gTaph 17 (9), by stri king paragraph (10), and by r edesig- 18 nat ing parag r aph (11) as pa ragraph (10) . 19 (J) Para gr aph (5) of section 772(d) 1s 20 amended by strikin g '(the foreign tax cr edit , 21 and the credit allowable und er secti on 29" and 22 insertin g <..7Jayermay pa y into th e Fund for 15 any taxable year sha ll not exceed the rn.ling amount appli- 16 cable to such taxab le year ." . 17 (b) TRE A'l'i\m NT OP CER'l'AJN D ECOi\li\ rJSSI ONING 18 COSTS.19 (1) IN GENERAL.- Sect ion 468A is amended by 20 redesignating 21 (g) and (h), respectively, and by inser tin g after sub - 22 section (e) the foUowing nm,v subsect ion: 23 "(f) 1'RANSI<'J..7Jayermay pa y into th e Fund for 15 any taxable year sha ll not exceed the rn.ling amount appli- 16 cable to such taxab le year ." . 17 (b) TRE A'l'i\m NT OP CER'l'AJN D ECOi\li\ rJSSI ONING 18 COSTS.19 (1) IN GENERAL.- Sect ion 468A is amended by 20 redesignating 21 (g) and (h), respectively, and by inser tin g after sub - 22 section (e) the foUowing nm,v subsect ion: 23 "(f) 1'RANSI<'J,,.l)ay er (or a 2 pr edecessor). For purpo ses of th e pr eceding 3 sentence, a rata blc portion of each tran sfer 4 shall be treat ed as being from previou sly de- 5 ducted or exclud ed am01u1ts to the extent ther e- 6 of. "(C) rfHJ\ NSl1'ERS Ol<' (.JUAIJIF'IED FUN DS.- 7 If- 8 9 "( i) any tran sfer permitt ed by this 10 sub section is mad e to any Fu nd to which 11 th is section app lies, and "( ii) such Fund is tran sferred there- 12 13 aft er, 14 any deduction under thi s subsection for taxabl e 15 years endin g after the dat e that such Fund is 16 tra nsferr ed shall be allowed to the transferor 17 for th e taxab le year which includ es such dat e. "( D) SPECIAI.J RULES .- 18 19 " (i) GAJ N OR LOSS NOT RE COGNIZED 20 ON 'l'RAl'-JSFERS TO I11 UND.-No 21 sha ll be recognized on any tran sfer de- 22 scrib ed in paragTaph (]). 23 ga in or loss ''( ii) THANS l<'l:DR S Oii1 J\ PPRE CIA'l'ED 24 PROPERTY 25 erty is tra nsferr ed in a tran sfer described '1'0 FUN D .- If appreciat ed prop- oHR 6 EH AMERICA!\ pVERSIGHT 643 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000681 641 1 eluded in gr oss mcome of th e ta:>,,.l)ay er (or a 2 pr edecessor). For purpo ses of th e pr eceding 3 sentence, a rata blc portion of each tran sfer 4 shall be treat ed as being from previou sly de- 5 ducted or exclud ed am01u1ts to the extent ther e- 6 of. "(C) rfHJ\ NSl1'ERS Ol<' (.JUAIJIF'IED FUN DS.- 7 If- 8 9 "( i) any tran sfer permitt ed by this 10 sub section is mad e to any Fu nd to which 11 th is section app lies, and "( ii) such Fund is tran sferred there- 12 13 aft er, 14 any deduction under thi s subsection for taxabl e 15 years endin g after the dat e that such Fund is 16 tra nsferr ed shall be allowed to the transferor 17 for th e taxab le year which includ es such dat e. "( D) SPECIAI.J RULES .- 18 19 " (i) GAJ N OR LOSS NOT RE COGNIZED 20 ON 'l'RAl'-JSFERS TO I11 UND.-No 21 sha ll be recognized on any tran sfer de- 22 scrib ed in paragTaph (]). 23 ga in or loss ''( ii) THANS l<'l:DR S Oii1 J\ PPRE CIA'l'ED 24 PROPERTY 25 erty is tra nsferr ed in a tran sfer described '1'0 FUN D .- If appreciat ed prop- oHR 6 EH AMERICA!\ pVERSIGHT 643 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000681 642 1 in paragraph (1), th e amount of th e deduc- 2 tion shall not exceed the adju sted basis of 3 such property. "(3 ) NEvVRUL ING AlWOUN'l' REQU IRED .- P ara- 4 5 graph (1) shall not apply to any tran sfer unless the 6 ta>..1Jay er requests from th e Secreta ry a new scheduJe 7 of ruling amounts in connection ?with such transfer . 8 "( 4) No BASIS IN (lUALIP IED F'UNDS.-Not- 9 withsta nding any other provision of law, the ta.x- 1O payer' s basis in any Fund to which thi s section ap- 11 plies shall not be incr eased by reason of any transfer 12 permitt ed by th is subsection.". 13 (2) NEvV RUL ING AMOUN rr TO TAKE INTO AC- 14 COUNT 'l'OTAI.J COS' l'S.-Subpara graph (A) of section 15 468A(d)(2) (defining ruJing amount ) is amended to 16 read as follows: 17 "(A ) fund th e tota l nuclear dcco11'Uni s- l8 sioning costs with respect to such power pJant 19 over th e estimat ed useful life of such po-wcr 20 plant , and" . 21 (c) rl"'ECHNICAIJ AMENDMENTS .- Section 468A(e)(2) 22 (relati ng to taxation of F und ) is amended23 (1) by st riking "ra te set forth in subp aragTaph 24 (B)" in subpa ra graph (A) an d insertin g "rat e of 20 25 percent ", oHR 6 EH AMERICA!\ pVERSIGHT 644 CEQ050FY18091 _000000439 CEQ-18-0173-C-000682 642 1 in paragraph (1), th e amount of th e deduc- 2 tion shall not exceed the adju sted basis of 3 such property. "(3 ) NEvVRUL ING AlWOUN'l' REQU IRED .- P ara- 4 5 graph (1) shall not apply to any tran sfer unless the 6 ta>..1Jay er requests from th e Secreta ry a new scheduJe 7 of ruling amounts in connection ?with such transfer . 8 "( 4) No BASIS IN (lUALIP IED F'UNDS.-Not- 9 withsta nding any other provision of law, the ta.x- 1O payer' s basis in any Fund to which thi s section ap- 11 plies shall not be incr eased by reason of any transfer 12 permitt ed by th is subsection.". 13 (2) NEvV RUL ING AMOUN rr TO TAKE INTO AC- 14 COUNT 'l'OTAI.J COS' l'S.-Subpara graph (A) of section 15 468A(d)(2) (defining ruJing amount ) is amended to 16 read as follows: 17 "(A ) fund th e tota l nuclear dcco11'Uni s- l8 sioning costs with respect to such power pJant 19 over th e estimat ed useful life of such po-wcr 20 plant , and" . 21 (c) rl"'ECHNICAIJ AMENDMENTS .- Section 468A(e)(2) 22 (relati ng to taxation of F und ) is amended23 (1) by st riking "ra te set forth in subp aragTaph 24 (B)" in subpa ra graph (A) an d insertin g "rat e of 20 25 percent ", oHR 6 EH AMERICA!\ pVERSIGHT 644 CEQ050FY18091 _000000439 CEQ-18-0173-C-000682 643 1 (2) by striking subparagTaph (B), and 2 (3) by redesig11ating subparagTaphs (C) and 3 (D) as subparagTaphs (B) and (C ), r espectively. 4 (d) El<'FEC'rIVE DATE.-~ fh e amendment s made by 5 thi s section shall apply to taxable years beginning aft er 6 December 31, 2005. 7 SEC . 1307. ARBITRAGE RULES NOT TO APPLY TO PREPAY- 8 9 MENTS FOR NATURAL GAS. (a) IN GEN'ERAL .- Subscction (b) of section 148 (re- 10 lating to higher yielding investment s) is amended by add11 ing at th e end t he follmving nmv paragraph: 12 13 " (4) SAFE IIJ\RBOR F'OR PREP AID N.A'l'UltAJ J GAS .- 14 "(A) IN GENERAL.-T he ter?m 'invest ment - 15 type property' does not include a pr epaynient 16 under a qualified natural gas supply contra ct. 17 "(B) Q UALIFmD NA'l' URAL GAS SU J>Pf,Y 18 CONTRAC'r.- For pu rposes of thi s paragraph , 19 th e term 'qualified natural gas supply contra ct ' 20 means any contra ct to acquire natural gas for 21 resale by a util ity ovvned by a governmental 22 unit if th e amount of gas permitt ed to be ac- 23 quired und er the contract by th e utilit y durin g 24 any year docs not exceed the sum of- oHR 6 EH AMERICA!\ pVERSIGHT 645 CEQ050 FY18091_000000439 CEQ-18-0173-C-000683 643 1 (2) by striking subparagTaph (B), and 2 (3) by redesig11ating subparagTaphs (C) and 3 (D) as subparagTaphs (B) and (C ), r espectively. 4 (d) El<'FEC'rIVE DATE.-~ fh e amendment s made by 5 thi s section shall apply to taxable years beginning aft er 6 December 31, 2005. 7 SEC . 1307. ARBITRAGE RULES NOT TO APPLY TO PREPAY- 8 9 MENTS FOR NATURAL GAS. (a) IN GEN'ERAL .- Subscction (b) of section 148 (re- 10 lating to higher yielding investment s) is amended by add11 ing at th e end t he follmving nmv paragraph: 12 13 " (4) SAFE IIJ\RBOR F'OR PREP AID N.A'l'UltAJ J GAS .- 14 "(A) IN GENERAL.-T he ter?m 'invest ment - 15 type property' does not include a pr epaynient 16 under a qualified natural gas supply contra ct. 17 "(B) Q UALIFmD NA'l' URAL GAS SU J>Pf,Y 18 CONTRAC'r.- For pu rposes of thi s paragraph , 19 th e term 'qualified natural gas supply contra ct ' 20 means any contra ct to acquire natural gas for 21 resale by a util ity ovvned by a governmental 22 unit if th e amount of gas permitt ed to be ac- 23 quired und er the contract by th e utilit y durin g 24 any year docs not exceed the sum of- oHR 6 EH AMERICA!\ pVERSIGHT 645 CEQ050 FY18091_000000439 CEQ-18-0173-C-000683 644 1 "( i) th e annual averag e amount dur - 2 ing th e testin g period of natural gas pur- 3 cha scd (other than for resale) by cus- 4 tomers of such utility who arc located 5 with.in the service area of such utilit y, and 6 "( ii) the amount of natural gas to be 7 used to tran sport the pr epaid natural gas 8 to th e uti lity during su ch year. 9 "(C) NATURAL GAS USED TO GENERA'l'E 10 ELECTRICITY.- Natura l gas used to generate 11 electri city shall be tak en into account in dctcr- 12 mmmg 13 (B)(i)- th e average under subparagrap h 14 "( i) only if th e electricity is generat ed 15 by a utilit y ovvned by a governmental tm.it, 16 and 17 " (ii) only to the extent that the elec- 18 t ricity is sold (other than for resale) to 19 customers of such ut ility who arc located 20 ?within the service area of such u tility. 21 "( D) 22 A.D,Jl JS'I'ME NT S POR CJ-LANGIDS I N CUS'l' Oi\ll l}R BASE .- 23 " (i) NEW BUSI N ESS CUSTOMERS.- If - 24 oHR 6 EH AMERICA!\ pVERSIGHT 646 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000684 644 1 "( i) th e annual averag e amount dur - 2 ing th e testin g period of natural gas pur- 3 cha scd (other than for resale) by cus- 4 tomers of such utility who arc located 5 with.in the service area of such utilit y, and 6 "( ii) the amount of natural gas to be 7 used to tran sport the pr epaid natural gas 8 to th e uti lity during su ch year. 9 "(C) NATURAL GAS USED TO GENERA'l'E 10 ELECTRICITY.- Natura l gas used to generate 11 electri city shall be tak en into account in dctcr- 12 mmmg 13 (B)(i)- th e average under subparagrap h 14 "( i) only if th e electricity is generat ed 15 by a utilit y ovvned by a governmental tm.it, 16 and 17 " (ii) only to the extent that the elec- 18 t ricity is sold (other than for resale) to 19 customers of such ut ility who arc located 20 ?within the service area of such u tility. 21 "( D) 22 A.D,Jl JS'I'ME NT S POR CJ-LANGIDS I N CUS'l' Oi\ll l}R BASE .- 23 " (i) NEW BUSI N ESS CUSTOMERS.- If - 24 oHR 6 EH AMERICA!\ pVERSIGHT 646 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000684 645 1 " (I) aft er th e close of th e testing 2 period and before th e dat e of issuan ce 3 of th e issue , th e utilit y ovvned by a 4 governm ental unit enter s into a con- 5 tra ct to supp ly na tural ga s ( oth er 6 than for resale) for a bu siness use at 7 a p1?opert y v,rithin th e service ar ea of 8 such utility , and 9 " (II) th e utilit y did not suppl y 10 natural gas to such prop ert y dur ing 11 th e testing 12 amount of natural gas to be supp lied 13 under th e contra ct is signjfi cant ly 14 gr eat er than th e ratab le amount of 15 gas suppli ed to such prop erty dtffin g 16 th e testin g period , period or th e rata ble 17 then a contract shalJ not fail to be tr eat ed 18 as a qua lified natul'al gas supp ly contra ct 19 by r eason of supplyin g th e additi onal na t - 20 ura l gas und er th e contr act referr ed t o in 21 sub clau se (I ). 22 "( ii) LO ST CUSTOMEHS.-Th e average 23 und er subpara graph (B )(i) shall not exceed 24 th e annual amount of natural ga s r eason- 25 ably e2q)ected to be pur chased (oth er th an oHR 6 EH AMERICA!\ pVERSIGHT 647 CEQ050FY18091_000000439 CEQ-18-0173-C-000685 645 1 " (I) aft er th e close of th e testing 2 period and before th e dat e of issuan ce 3 of th e issue , th e utilit y ovvned by a 4 governm ental unit enter s into a con- 5 tra ct to supp ly na tural ga s ( oth er 6 than for resale) for a bu siness use at 7 a p1?opert y v,rithin th e service ar ea of 8 such utility , and 9 " (II) th e utilit y did not suppl y 10 natural gas to such prop ert y dur ing 11 th e testing 12 amount of natural gas to be supp lied 13 under th e contra ct is signjfi cant ly 14 gr eat er than th e ratab le amount of 15 gas suppli ed to such prop erty dtffin g 16 th e testin g period , period or th e rata ble 17 then a contract shalJ not fail to be tr eat ed 18 as a qua lified natul'al gas supp ly contra ct 19 by r eason of supplyin g th e additi onal na t - 20 ura l gas und er th e contr act referr ed t o in 21 sub clau se (I ). 22 "( ii) LO ST CUSTOMEHS.-Th e average 23 und er subpara graph (B )(i) shall not exceed 24 th e annual amount of natural ga s r eason- 25 ably e2q)ected to be pur chased (oth er th an oHR 6 EH AMERICA!\ pVERSIGHT 647 CEQ050FY18091_000000439 CEQ-18-0173-C-000685 646 1 for resale) by persons who are located 2 ,,rithin th e service ar ea of such uti lity and 3 who, as of th e date of issua nce of the 4 issue, arc customers of such utilit y. 5 "( E) RULING REQUESTS.- The Secretary 6 may incr ease the average und er subpara graph 7 (B)(i) for any period if the utibt y owned by the 8 governm ental unit establishes to the sati sfaction 9 of the Secretary that, based on objective evi- 10 dence of growth in natural gas consumption or 11 population , such average would otherwise be in- 12 sufficient for such period. 13 " (F) 14 ADJUS 'l'i\IBNT Io,01-<- NA'r URi\ l,; GAS O'l'IIERWJSg ON lIAND.- 15 "( i) I N GENEHJ\L .- rrh e anwm1t oth- 16 erwise perrnjtt ed to be acquired und er the 17 contra ct for any per iod shaU be r educed 18 bv., 19 "( I ) the applicable shar e of nat - 20 m?al gas held by the utility on th e 21 date of issuance of th e issue, and "( II) th e natural gas (not tak en 22 23 into account 24 ?which th e utilit y ha s a right to ac- 25 quire durin g such period (determined under subclause (I)) oHR 6 EH AMERICA!\ pVERSIGHT 648 CEQ050FY18091 _000000439 CEQ-18-0173-C-000686 646 1 for resale) by persons who are located 2 ,,rithin th e service ar ea of such uti lity and 3 who, as of th e date of issua nce of the 4 issue, arc customers of such utilit y. 5 "( E) RULING REQUESTS.- The Secretary 6 may incr ease the average und er subpara graph 7 (B)(i) for any period if the utibt y owned by the 8 governm ental unit establishes to the sati sfaction 9 of the Secretary that, based on objective evi- 10 dence of growth in natural gas consumption or 11 population , such average would otherwise be in- 12 sufficient for such period. 13 " (F) 14 ADJUS 'l'i\IBNT Io,01-<- NA'r URi\ l,; GAS O'l'IIERWJSg ON lIAND.- 15 "( i) I N GENEHJ\L .- rrh e anwm1t oth- 16 erwise perrnjtt ed to be acquired und er the 17 contra ct for any per iod shaU be r educed 18 bv., 19 "( I ) the applicable shar e of nat - 20 m?al gas held by the utility on th e 21 date of issuance of th e issue, and "( II) th e natural gas (not tak en 22 23 into account 24 ?which th e utilit y ha s a right to ac- 25 quire durin g such period (determined under subclause (I)) oHR 6 EH AMERICA!\ pVERSIGHT 648 CEQ050FY18091 _000000439 CEQ-18-0173-C-000686 647 1 as of the dat e of 1ssuan ce of the 2 issu e) . 3 "( ii) APPLICABLE SII ARE .-F or pur- 4 poses of the clause (i), the term 'applicable 5 shar e' mean s, with respec t to any period , 6 the natura l gas allocable to such period if 7 the gas were allocated ratably over th e pe- 8 riod to which th e prepa yment r elat es . 9 "(G) I NTENTIONAL ACTS.- Subparagraph 10 (A) sha ll cease to app ly to any issu e if th e util- 11 ity owned by the governmental unit engag es in 12 any int entional act to render the volume of nat- 13 ural gas acquir ed by such pr epayment to be in 14 excess of the sun1 of- 15 "( i) the amount of natur al gas needed 16 (other than for resale) by customers of 17 such utilit y who ar e locat ed within th e 18 service area of such utilit y, and 19 "( ii) th e amou nt of nat ural gas u sed 20 to transport such natural gas to th e utili ty . 21 "( II) ri-'EST ING PJ];RlOD.-For purpo ses of 22 thi s para graph , th e term 'testing peri od' means, 23 ?with r espect to an issue, t he most recent 5 cal- 24 endar year s ending before th e date of issua nce 25 of th e issue. oHR 6 EH AMERICA!\ pVERSIGHT 649 CEQ050FY18091 _000000439 CEQ-18-0173-C-000687 647 1 as of the dat e of 1ssuan ce of the 2 issu e) . 3 "( ii) APPLICABLE SII ARE .-F or pur- 4 poses of the clause (i), the term 'applicable 5 shar e' mean s, with respec t to any period , 6 the natura l gas allocable to such period if 7 the gas were allocated ratably over th e pe- 8 riod to which th e prepa yment r elat es . 9 "(G) I NTENTIONAL ACTS.- Subparagraph 10 (A) sha ll cease to app ly to any issu e if th e util- 11 ity owned by the governmental unit engag es in 12 any int entional act to render the volume of nat- 13 ural gas acquir ed by such pr epayment to be in 14 excess of the sun1 of- 15 "( i) the amount of natur al gas needed 16 (other than for resale) by customers of 17 such utilit y who ar e locat ed within th e 18 service area of such utilit y, and 19 "( ii) th e amou nt of nat ural gas u sed 20 to transport such natural gas to th e utili ty . 21 "( II) ri-'EST ING PJ];RlOD.-For purpo ses of 22 thi s para graph , th e term 'testing peri od' means, 23 ?with r espect to an issue, t he most recent 5 cal- 24 endar year s ending before th e date of issua nce 25 of th e issue. oHR 6 EH AMERICA!\ pVERSIGHT 649 CEQ050FY18091 _000000439 CEQ-18-0173-C-000687 648 1 "( I) SEHVJCEJ\HBA.-Fo r purposes of th is 2 par agraph , the service area of a utilit y Ovirned 3 by a governn1ental unit shall be comprised of- 4 "( i) any ar ea throughout ?which such 5 utilit y provided at all tim es during the 6 test ing period"( I ) in th e case of a natural gas 7 8 utiJity, natural gas tran smission or 9 dist ribution services, and 10 "( II ) in th e case of an electric 11 utilit y, electricit y distribution services, 12 "( ii) any area '"rithin a county conti g- 13 uous to the area described in clau se (i) in 14 which reta il customers of such utilit y are 15 located if su ch area is not also served by 16 anoth er utilit y providing natura l gas or 17 electricity services, as the case may be, and 18 "( iii) any area recognized as the serv- 19 ice ai?ea of such utilit y under Sta te or F ed- 20 er al law." . 21 (b) PRI VA'l' E L OAN F INANCING 'rE ST NOT TO APPIN 22 'I'O PH.rnPAYl\1ENTS Io,OR NATUR J\L GAS.- P a r agraph (2) of 23 section 14l (c) (prmriding excepti ons to the private loan fi24 nancing test) is amended by strikin g "or " at the end of 25 subparag Taph (A), by st riking the period at the end of oHR 6 EH AMERICA!\ pVERSIGHT 650 CEQ050FY18091 _000000439 CEQ-18-0173-C-000688 648 1 "( I) SEHVJCEJ\HBA.-Fo r purposes of th is 2 par agraph , the service area of a utilit y Ovirned 3 by a governn1ental unit shall be comprised of- 4 "( i) any ar ea throughout ?which such 5 utilit y provided at all tim es during the 6 test ing period"( I ) in th e case of a natural gas 7 8 utiJity, natural gas tran smission or 9 dist ribution services, and 10 "( II ) in th e case of an electric 11 utilit y, electricit y distribution services, 12 "( ii) any area '"rithin a county conti g- 13 uous to the area described in clau se (i) in 14 which reta il customers of such utilit y are 15 located if su ch area is not also served by 16 anoth er utilit y providing natura l gas or 17 electricity services, as the case may be, and 18 "( iii) any area recognized as the serv- 19 ice ai?ea of such utilit y under Sta te or F ed- 20 er al law." . 21 (b) PRI VA'l' E L OAN F INANCING 'rE ST NOT TO APPIN 22 'I'O PH.rnPAYl\1ENTS Io,OR NATUR J\L GAS.- P a r agraph (2) of 23 section 14l (c) (prmriding excepti ons to the private loan fi24 nancing test) is amended by strikin g "or " at the end of 25 subparag Taph (A), by st riking the period at the end of oHR 6 EH AMERICA!\ pVERSIGHT 650 CEQ050FY18091 _000000439 CEQ-18-0173-C-000688 649 1 subpara graph (B) and in serting ", or", and by adding at 2 th e end th e follmving new subparagTaph: 3 "(C) is a qua lified natur al gas supp ly con- 4 tract (as defin ed in section 14 8(b)( 4)) ." . 5 6 (c) E XCEPT ION FOR Q UALIFIED ELE C1'R IC A.1 "\T D NA 1'- GAS SUPPLY CON'l'RJ\CTS.-Sec tion U RAL 141(d) is 7 amended by adding at th e end th e follmving new para8 gTaph: 9 "( 7) EX CEPTION FOR QUALU 'IED ELE CTRI C 10 .AND NATUR AL GAS SUPP LY CONTR ACTS .- 11 'non governm enta l output pr oper ty' sha ll not includ e 12 any contract for the pr epay ment of electri city or nat- 13 ural gas which is not inves tment prop er ty und er sec- 14 tion 14 8(b) (2). " . 15 (d) EF 'li'EC'l'IVB DATE.-ri'h e am endm ent s mad e by Th e t e rm 16 thi s section sha ll apply to obligations issued after th e dat e 17 of th e ena ctm ent of thi s Act. 18 SEC. 1308. DETERMINATION OF SMALL REFINER EXCEP - 19 TION TO OIL DEPLETION DEDUCTION. 20 (a) IN GENERAL.- Par agrap h (4) of Rccti on 61 3A(d) 21 (relating to limitati ons on application of sub section (c)) 22 is amended to r ead as follows: 23 "( 4) CER'l'AfN RE !i'JNE H.S EXUL UDJl}D.-If th e 24 ta },,_ 1)ayer or 1 or mor e related per sons engages in th e 25 rcfuling of crud e oil, sub sect ion (c) sha ll not app ly oHR 6 EH AMERICA!\ pVERSIGHT 651 CEQ050 FY18091_000000439 CEQ-18-0173-C-000689 649 1 subpara graph (B) and in serting ", or", and by adding at 2 th e end th e follmving new subparagTaph: 3 "(C) is a qua lified natur al gas supp ly con- 4 tract (as defin ed in section 14 8(b)( 4)) ." . 5 6 (c) E XCEPT ION FOR Q UALIFIED ELE C1'R IC A.1 "\T D NA 1'- GAS SUPPLY CON'l'RJ\CTS.-Sec tion U RAL 141(d) is 7 amended by adding at th e end th e follmving new para8 gTaph: 9 "( 7) EX CEPTION FOR QUALU 'IED ELE CTRI C 10 .AND NATUR AL GAS SUPP LY CONTR ACTS .- 11 'non governm enta l output pr oper ty' sha ll not includ e 12 any contract for the pr epay ment of electri city or nat- 13 ural gas which is not inves tment prop er ty und er sec- 14 tion 14 8(b) (2). " . 15 (d) EF 'li'EC'l'IVB DATE.-ri'h e am endm ent s mad e by Th e t e rm 16 thi s section sha ll apply to obligations issued after th e dat e 17 of th e ena ctm ent of thi s Act. 18 SEC. 1308. DETERMINATION OF SMALL REFINER EXCEP - 19 TION TO OIL DEPLETION DEDUCTION. 20 (a) IN GENERAL.- Par agrap h (4) of Rccti on 61 3A(d) 21 (relating to limitati ons on application of sub section (c)) 22 is amended to r ead as follows: 23 "( 4) CER'l'AfN RE !i'JNE H.S EXUL UDJl}D.-If th e 24 ta },,_ 1)ayer or 1 or mor e related per sons engages in th e 25 rcfuling of crud e oil, sub sect ion (c) sha ll not app ly oHR 6 EH AMERICA!\ pVERSIGHT 651 CEQ050 FY18091_000000439 CEQ-18-0173-C-000689 650 1 to the ta>.l)ayer for a taxabl e yea r if th e average 2 daily refin ery run s of the ta::\.l)ayer and such perso ns 3 for the taxab le year exceed 75 ,000 bancl s. For pur- 4 poses of t his parag r aph , the avera ge daily r efin ery 5 run s for any ta.-xable yea1? shall be determin ed by di- 6 viding the aggregate refin ery run s for th e taxabl e 7 year by th e numb er of days in th e taxabl e year. " . 8 (b) EPFE CTfVE DATE.-rrh e am end ment n1acle by 9 thi s section shall apply to ta.xablc year s ending after th e 10 dat e of the ena ctm ent of thi s Act . 11 12 Subtitle B-Miscellaneous Tax Incentives Energy 13 SEC. 1311. CREDIT FOR RESIDENTIAL ENERGY EFFICIE NT 14 PROPERTY . 15 (a) L"J GENERAL.-Subpart A of part IV of sub- 16 chapt er A of ch apte r 1 (relating to nonref und able personal 17 cr edit s) is ame nd ed by insert ing afte r section 25B th e fol18 lowing new sect ion: 19 "SEC. 25C. RESIDE NTIAL ENE RGY EFF ICIENT PROPERTY. 20 "(a) ALLOWANCEOF CREDIT.- In the case of an in - 21 clividual, there shall be allowed as a credit aga in st th e tax 22 imp osed by thi s chapt er for th e ta xable yea r an amount 23 equa l to the sum of- oHR 6 EH AMERICA!\ pVERSIGHT 652 CEQ050FY18091 _000000439 CEQ-18-0173-C-000690 650 1 to the ta>.l)ayer for a taxabl e yea r if th e average 2 daily refin ery run s of the ta::\.l)ayer and such perso ns 3 for the taxab le year exceed 75 ,000 bancl s. For pur- 4 poses of t his parag r aph , the avera ge daily r efin ery 5 run s for any ta.-xable yea1? shall be determin ed by di- 6 viding the aggregate refin ery run s for th e taxabl e 7 year by th e numb er of days in th e taxabl e year. " . 8 (b) EPFE CTfVE DATE.-rrh e am end ment n1acle by 9 thi s section shall apply to ta.xablc year s ending after th e 10 dat e of the ena ctm ent of thi s Act . 11 12 Subtitle B-Miscellaneous Tax Incentives Energy 13 SEC. 1311. CREDIT FOR RESIDENTIAL ENERGY EFFICIE NT 14 PROPERTY . 15 (a) L"J GENERAL.-Subpart A of part IV of sub- 16 chapt er A of ch apte r 1 (relating to nonref und able personal 17 cr edit s) is ame nd ed by insert ing afte r section 25B th e fol18 lowing new sect ion: 19 "SEC. 25C. RESIDE NTIAL ENE RGY EFF ICIENT PROPERTY. 20 "(a) ALLOWANCEOF CREDIT.- In the case of an in - 21 clividual, there shall be allowed as a credit aga in st th e tax 22 imp osed by thi s chapt er for th e ta xable yea r an amount 23 equa l to the sum of- oHR 6 EH AMERICA!\ pVERSIGHT 652 CEQ050FY18091 _000000439 CEQ-18-0173-C-000690 651 1 "( 1) 15 per cent of th e qualified solar water 2 heatin g property eJ\. l) enditur es made by the ta J\. l)a yer 3 durin g such year, 4 " (2) 15 percent of the qualified photovoltaic 5 prop ert y eJ\. 1)enditur es mad e by th e taJ\.1)ayerduring 6 such year, and 7 " (3) 15 pe1~cent of the qualified fuel cell prop- 8 erty e},._1)e nditur es mad e by the ta>7)ayer durin g such 9 year. 10 "(b) Li l\UT ATIO NS .- 11 "( 1) l\lL\}CIMUM CREDI' l'. - 12 "(A ) IN GENrnRAJ,.-rl1he credit allmved und er subsection (a) shall not exceed- 13 "( i) $2,00 0 for solar water heat ing 14 prop erty described in sub section (c)( l ), 15 "( ii) $2,000 for photovoltai c prop erty 16 17 described in subsection (c)(2) , and 18 "( iii) $500 for each 0.5 kilowatt of ca- 19 pacity of prop ert y described in subsection 20 (c)(3). 21 "( B) PRIOR EXPENDITUI -mS BY 'l'A)CP AYER 22 ON S.AMU: H,ES lDE NCE 'f'Alill N INTO ACCOUNT.- 23 In det erminin g the amount of t he credit allo-wed 24 to a ta;q:myer with respect to any chvelling unit 25 und er this section, th e dollar amounts und er oHR 6 EH AMERICA!\ pVERSIGHT 653 CEQ050FY18091 _000000439 CEQ-18-0173-C-000691 651 1 "( 1) 15 per cent of th e qualified solar water 2 heatin g property eJ\. l) enditur es made by the ta J\. l)a yer 3 durin g such year, 4 " (2) 15 percent of the qualified photovoltaic 5 prop ert y eJ\. 1)enditur es mad e by th e taJ\.1)ayerduring 6 such year, and 7 " (3) 15 pe1~cent of the qualified fuel cell prop- 8 erty e},._1)e nditur es mad e by the ta>7)ayer durin g such 9 year. 10 "(b) Li l\UT ATIO NS .- 11 "( 1) l\lL\}CIMUM CREDI' l'. - 12 "(A ) IN GENrnRAJ,.-rl1he credit allmved und er subsection (a) shall not exceed- 13 "( i) $2,00 0 for solar water heat ing 14 prop erty described in sub section (c)( l ), 15 "( ii) $2,000 for photovoltai c prop erty 16 17 described in subsection (c)(2) , and 18 "( iii) $500 for each 0.5 kilowatt of ca- 19 pacity of prop ert y described in subsection 20 (c)(3). 21 "( B) PRIOR EXPENDITUI -mS BY 'l'A)CP AYER 22 ON S.AMU: H,ES lDE NCE 'f'Alill N INTO ACCOUNT.- 23 In det erminin g the amount of t he credit allo-wed 24 to a ta;q:myer with respect to any chvelling unit 25 und er this section, th e dollar amounts und er oHR 6 EH AMERICA!\ pVERSIGHT 653 CEQ050FY18091 _000000439 CEQ-18-0173-C-000691 652 1 clauses (i) and (ii) of subpara graph (A) with re- 2 spect to each type of pr operty described in such 3 clau ses shall be reduc ed by the credit allovwd to 4 th e ta,"-'P ayer under thi s section with respect to 5 such type of pr operty for all pr eceding t axable 6 year s ,,rith respect to such dwelling unit. 7 " (2) PH.OPER'l'Y S'l'ANDAH.D S.- No credit shall 8 be allmved und er thi s section for an item of property 9 unless- 10 " (A) th e original u se of such pr opert y com- mences with th e taxpayer , 11 12 " (B ) su ch prop ert y can be reasonably ex- 13 pected to remain in use for at least 5 years, 14 " (C) such pr opert y is installed on or m 15 cmmection ,vith a dwelling unit locat ed in the 16 Unit ed Stat es and used as a residence by the 17 ta xpayer , 18 " (D) m th e case of solar '"'at er heating 19 pr opert y, such property is certified for pcrform- 20 an ce by th e non-pr ofit Solar Ratin g and Cert ifi- 21 cation Corporati on or a comparabl e entit y en- 22 clorsed by the government of th e Stat e in which 23 such prop erty is instaHed, and 24 "( E) in th e case of fuel cell prop erty, such 25 pr operty meets th e performan ce and quality oHR 6 EH AMERICA!\ pVERSIGHT 654 CEQ050FY18091_000000439 CEQ-18-0173-C-000692 652 1 clauses (i) and (ii) of subpara graph (A) with re- 2 spect to each type of pr operty described in such 3 clau ses shall be reduc ed by the credit allovwd to 4 th e ta,"-'P ayer under thi s section with respect to 5 such type of pr operty for all pr eceding t axable 6 year s ,,rith respect to such dwelling unit. 7 " (2) PH.OPER'l'Y S'l'ANDAH.D S.- No credit shall 8 be allmved und er thi s section for an item of property 9 unless- 10 " (A) th e original u se of such pr opert y com- mences with th e taxpayer , 11 12 " (B ) su ch prop ert y can be reasonably ex- 13 pected to remain in use for at least 5 years, 14 " (C) such pr opert y is installed on or m 15 cmmection ,vith a dwelling unit locat ed in the 16 Unit ed Stat es and used as a residence by the 17 ta xpayer , 18 " (D) m th e case of solar '"'at er heating 19 pr opert y, such property is certified for pcrform- 20 an ce by th e non-pr ofit Solar Ratin g and Cert ifi- 21 cation Corporati on or a comparabl e entit y en- 22 clorsed by the government of th e Stat e in which 23 such prop erty is instaHed, and 24 "( E) in th e case of fuel cell prop erty, such 25 pr operty meets th e performan ce and quality oHR 6 EH AMERICA!\ pVERSIGHT 654 CEQ050FY18091_000000439 CEQ-18-0173-C-000692 653 1 sta ndard s (if any) which have been pr escrib ed 2 by the Secretary by regulations (after consulta- 3 tion with the Secretary of En ergy) . 4 "(c) DEFINITIONS.-For s puq :>0ses of this section - "(1) QUALIFIED SOLAR "\NATER IIE A'l'ING PROP- 6 ER'l'Y EX:PENDITURE.-Tb e t erm 7 wate r heatin g prop ert y ex1)endi.ture' means an ex- 8 penditur e for prop ert y which uses solar energy to 9 heat ,,..,ate r for use in a dwelling unit. 'quaJified soJar 10 "(2) Q UALIFIED PIIOTO VOLTAIC PROPERTY EX- 11 PENDITURE.- Th e term 'qua lified photovolta ic prop- 12 crt y e>q)enditur c' means 13 which uses solar energy to generate electri city for 14 use in a. dwelling unit and which is not descr ibed in 15 pa r agraph (1). 16 "(3) Q UALlP'IED a11 expenditure for prop ert y l<'UEI .; C'ELI J PROPERTY EX - 17 PENDITURE.-Th c term 'qualified fuel cell prop ert y 18 c:qJcnclitur e' mean s an C~l) cnditur e for any qualifi ed 19 fuel cell property (as defin ed in sect ion 48(b)( l )). 20 " (d) SPECLi\ L RULES.- For ptu--poses of this 21 section22 "( 1) SOL,AH PANl0ses of this section - "(c) DEFINITIONS.-For s "(1) QUALIFIED SOLAR "\NATER IIE A'l'ING PROP- 6 ER'l'Y EX:PENDITURE.-Tb e t erm 7 wate r heatin g prop ert y ex1)endi.ture' means an ex- 8 penditur e for prop ert y which uses solar energy to 9 heat ,,..,ate r for use in a dwelling unit. 'quaJified soJar 10 "(2) Q UALIFIED PIIOTO VOLTAIC PROPERTY EX- 11 PENDITURE.- Th e term 'qua lified photovolta ic prop- 12 crt y e>q)enditur c' means 13 which uses solar energy to generate electri city for 14 use in a. dwelling unit and which is not descr ibed in 15 pa r agraph (1). 16 "(3) Q UALlP'IED a11 expenditure for prop ert y l<'UEI .; C'ELI J PROPERTY EX - 17 PENDITURE.-Th c term 'qualified fuel cell prop ert y 18 c:qJcnclitur e' mean s an C~l) cnditur e for any qualifi ed 19 fuel cell property (as defin ed in sect ion 48(b)( l )). 20 " (d) SPECLi\ L RULES.- For ptu--poses of this 21 section22 "( 1) SOL,AH PANl-. l) enditur es mad e by such 3 individual durin g such calendar year bear s to 4 ditures made by all the aggregat e of such c:>-.1Jen 5 of such individual s during su ch calendar year . 6 " (C) SubparagTaph s (A) and (B) shalJ be 7 applied separat ely with respect to CAl)enditures 8 described in paragraph s (1), (2), and (3) of 9 subsection (c). " (4) 'r ENANT-STOCIGIOLDER IN COOPERATI VE 10 11 II OUSING 12 viduaJ who is a tenant- stockJ1older (as defined in sec- 13 tion 216) in a cooperative hou sing corporation (as 14 defined in such section), such indi, ridual shall be 15 tr eat ed as ha,ring made th e individual' s tenant- stock- 16 holder 's proportionat e shar e (as defined in section 17 216(b)(3)) of any e:xpenditur es of such co11Joration. 18 CORPOR ATION.- In th e case of an indi- " (5) CONDOM INIUMS.- 19 "(A) IN GENERAL. - In th e case of an indi- 20 vidua l who is a rnembc1? of a condominium man- 21 ageme nt association with respect to a condo- 22 minitun which th e indi,ridua] OvV11s, su ch indi- 23 vidua l shall be tr eated as having m.ade the incli- 24 vidua l's propol'tionat c shar e of any e:>-. 1Jencliturcs 25 of such associat ion. oHR 6 EH AMERICA!\ pVERSIGHT 657 CEQ050FY18091 _000000439 CEQ-18-0173-C-000695 655 1 amount det ermin ed und er subpara gr aph (A) as 2 the amount of such e:>-. l) enditur es mad e by such 3 individual durin g such calendar year bear s to 4 the aggregat e of such c:>-.1Jen ditures made by all 5 of such individual s during su ch calendar year . 6 " (C) SubparagTaph s (A) and (B) shalJ be 7 applied separat ely with respect to CAl)enditures 8 described in paragraph s (1), (2), and (3) of 9 subsection (c). " (4) 'r ENANT-STOCIGIOLDER IN COOPERATI VE 10 11 II OUSING 12 viduaJ who is a tenant- stockJ1older (as defined in sec- 13 tion 216) in a cooperative hou sing corporation (as 14 defined in such section), such indi, ridual shall be 15 tr eat ed as ha,ring made th e individual' s tenant- stock- 16 holder 's proportionat e shar e (as defined in section 17 216(b)(3)) of any e:xpenditur es of such co11Joration. 18 CORPOR ATION.- In th e case of an indi- " (5) CONDOM INIUMS.- 19 "(A) IN GENERAL. - In th e case of an indi- 20 vidua l who is a rnembc1? of a condominium man- 21 ageme nt association with respect to a condo- 22 minitun which th e indi,ridua] OvV11s, su ch indi- 23 vidua l shall be tr eated as having m.ade the incli- 24 vidua l's propol'tionat c shar e of any e:>-. 1Jencliturcs 25 of such associat ion. oHR 6 EH AMERICA!\ pVERSIGHT 657 CEQ050FY18091 _000000439 CEQ-18-0173-C-000695 656 1 ''(B) CONDOMINIUM l\i!J \ NACBM BNT ASSO- 2 CIATION.- For purpo ses of thi s para gTaph, the 3 term 4 means an organization which meets th e r equir e- s mcnt s of paragraph (1) of section 528(c) (other 6 than subparagTaph (E) the reof) ,~rith respect to 7 a condominium proje ct substantia lly alJ of the 8 unit s of ?which are used as r esidences. 9 "( 6) ALLOCATIONIN CERT1UN CASES.-If 10 than 80 per cent of th e use of an item is for nonbusi- 11 ness purpo ses, only that port ion of the e;(penditur es 12 for such item which is prop erly allocable to u se for 13 nonbusin ess purpo ses shall be tak en into account . 14 15 'condominium mana gement association' less "(7) VVHU:N EXPENDITURE MADB; AMOUNTOF EX PENDI TURE .- 16 "(A) I N GENl~RJ\L.-E xccpt as provided in 17 subpara grap h (B), an eAl) enditur e with respect 18 to an item shall be tr eat ed as mad e when th e 19 origina l installation of th e item is complet ed. 20 "(B) E 21..'P E N DIT UR E S P1UiT OF' BUILDING 21 CONS'l'H.UCT ION.-In 22 in conn ection v;rith th e constr uction or recon- 23 st 1:uction of a st ructure, such e:;q)endit 1ffe shall 24 be treated as mad e when th e origina l use of the th e case of an e:;q>enilitur e oHR 6 EH AMERICA!\ pVERSIGHT 658 CEQ050FY18091 _000000439 CEQ-18-0173-C-000696 656 1 ''(B) CONDOMINIUM l\i!J \ NACBM BNT ASSO- 2 CIATION.- For purpo ses of thi s para gTaph, the 3 term 4 means an organization which meets th e r equir e- s mcnt s of paragraph (1) of section 528(c) (other 6 than subparagTaph (E) the reof) ,~rith respect to 7 a condominium proje ct substantia lly alJ of the 8 unit s of ?which are used as r esidences. 9 "( 6) ALLOCATIONIN CERT1UN CASES.-If 10 than 80 per cent of th e use of an item is for nonbusi- 11 ness purpo ses, only that port ion of the e;(penditur es 12 for such item which is prop erly allocable to u se for 13 nonbusin ess purpo ses shall be tak en into account . 14 15 'condominium mana gement association' less "(7) VVHU:N EXPENDITURE MADB; AMOUNTOF EX PENDI TURE .- 16 "(A) I N GENl~RJ\L.-E xccpt as provided in 17 subpara grap h (B), an eAl) enditur e with respect 18 to an item shall be tr eat ed as mad e when th e 19 origina l installation of th e item is complet ed. 20 "(B) E 21..'P E N DIT UR E S P1UiT OF' BUILDING 21 CONS'l'H.UCT ION.-In 22 in conn ection v;rith th e constr uction or recon- 23 st 1:uction of a st ructure, such e:;q)endit 1ffe shall 24 be treated as mad e when th e origina l use of the th e case of an e:;q>enilitur e oHR 6 EH AMERICA!\ pVERSIGHT 658 CEQ050FY18091 _000000439 CEQ-18-0173-C-000696 657 1 constru cted or recon stru cted stru ctur e bv the 2 ta xpayer begins. ,; "(C) AMOUNT. -T he amount of any ex- 3 4 penditur e shall be th e cost thereof. 5 ('(8) PROPER'l'Y FINA1'\TC ED BY SUBSIDIZED EN- 6 ERGYF'lNANC ING.-For 7 amount of e}._rpe nditur es m.acle by any individual v,rith 8 respect to any dwelling unit , there shan not be tak en 9 into account eA'})enditur es which ar e mad e from sub- 10 sidized energy finan cing (as defined in section 11 48(a)( 4)(C) ) . 12 '((e) BASIS ADJUSTl\1EN'l'S.-For purpo ses of determiniJ1g the purpo ses of thi s 13 subtitl e, if a credit is aJlowed und er thi s section for any 14 e:,q)enditur e wi.th respect to any prop ert y, th e increase in 15 the basis of su ch prop ert y which would (but for thi s sub16 section) result from su ch e.xl) enditur e shall be reduced by 17 th e amount of the credit so allowed. 18 '((f) TERl\UNATION.- The credit allowed und er th is 19 section shall not apply to taxabl e year s bcg?innin g after 20 December 31, 2007. " . 21 (b) CONPORMINOAMEND!VIENrrs.- 22 (]) Section 1016 (a) is amended by strikin g 23 "a nd " at the encl of par agraph (30) , by strikin g th e 24 period at th e end of para gTaph (31) and inserting ", oHR 6 EH AMERICA!\ pVERSIGHT 659 CEQ050FY18091 _000000439 CEQ-18-0173-C-000697 657 1 constru cted or recon stru cted stru ctur e bv the 2 ta xpayer begins. ,; "(C) AMOUNT. -T he amount of any ex- 3 4 penditur e shall be th e cost thereof. 5 ('(8) PROPER'l'Y FINA1'\TC ED BY SUBSIDIZED EN- 6 ERGYF'lNANC ING.-For 7 amount of e}._rpe nditur es m.acle by any individual v,rith 8 respect to any dwelling unit , there shan not be tak en 9 into account eA'})enditur es which ar e mad e from sub- 10 sidized energy finan cing (as defined in section 11 48(a)( 4)(C) ) . 12 '((e) BASIS ADJUSTl\1EN'l'S.-For purpo ses of determiniJ1g the purpo ses of thi s 13 subtitl e, if a credit is aJlowed und er thi s section for any 14 e:,q)enditur e wi.th respect to any prop ert y, th e increase in 15 the basis of su ch prop ert y which would (but for thi s sub16 section) result from su ch e.xl) enditur e shall be reduced by 17 th e amount of the credit so allowed. 18 '((f) TERl\UNATION.- The credit allowed und er th is 19 section shall not apply to taxabl e year s bcg?innin g after 20 December 31, 2007. " . 21 (b) CONPORMINOAMEND!VIENrrs.- 22 (]) Section 1016 (a) is amended by strikin g 23 "a nd " at the encl of par agraph (30) , by strikin g th e 24 period at th e end of para gTaph (31) and inserting ", oHR 6 EH AMERICA!\ pVERSIGHT 659 CEQ050FY18091 _000000439 CEQ-18-0173-C-000697 658 1 and ", and by adding at the end th e following new 2 par agraph: 3 " (32) to the ext ent provided in section 25C(e), 4 in th e case of amount s ,vit h respect to ?which a credit 5 has been allowed und er section 25C." . (2) 'l1he table of sections for subpart A of part 6 7 IV of sub clrnpter A of chapt er l 8 sertin g aft er th e item relatin g to section 25B th e fol- 9 lowing new item: js amended by in- "S ec. 25C. Resident ial energy efficient propc,?t;o,.". 10 (c) EF F ECTIVE DATE.- Th e amendm ent s mad e by 11 thi s section shall apply t o expenditur es made aft er the 12 dat e of th e enactm ent of thi s Act . 13 SEC. 1312. CREDIT FOR BUSINESS 14 15 INSTALLATION OF QUALIFIED FUEL CELLS. (a) IN GENERAL.-Sect ion 48(a)(3)( A) (defining en - 16 ergy propert y) is amended by strikin g "or " at th e end of 17 clause (i), by addin g "or" at th e end of clau se (ij ), and 18 by insertin g after clau se (ii) th e foJJowing new clau se: 19 20 "( iii) qualified fuel cell property," . (b) E NERGY PER CENTAGE.- S ubparag Taph (A ) of 21 section 48 (a)( 2) (relating to energy percenta ge) is amcnd 22 eel to read as follows: 23 "(A ) IN GENERJ\.L.-'l'h e energy percent - 24 age 1s- oHR 6 EH AMERICA!\ pVERSIGHT 660 CEQ050FY18091_000000439 CEQ-18-0173-C-000698 658 1 and ", and by adding at the end th e following new 2 par agraph: 3 " (32) to the ext ent provided in section 25C(e), 4 in th e case of amount s ,vit h respect to ?which a credit 5 has been allowed und er section 25C." . (2) 'l1he table of sections for subpart A of part 6 7 IV of sub clrnpter A of chapt er l 8 sertin g aft er th e item relatin g to section 25B th e fol- 9 lowing new item: js amended by in- "S ec. 25C. Res ident ial energy efficient propc,?t;o,.". 10 (c) EF F ECTIVE DATE.- Th e amendm ent s mad e by 11 thi s section shall apply t o expenditur es made aft er the 12 dat e of th e enactm ent of thi s Act . 13 SEC. 1312. CREDIT FOR BUSINESS 14 15 INSTALLATION OF QUALIFIED FUEL CELLS. (a) IN GENERAL.-Sect ion 48(a)(3)( A) (defining en - 16 ergy propert y) is amended by strikin g "or " at th e end of 17 clause (i), by addin g "or" at th e end of clau se (ij ), and 18 by insertin g after clau se (ii) th e foJJowing new clau se: 19 20 "( iii) qualified fuel cell property," . (b) E NERGY PER CENTAGE.- S ubparag Taph (A ) of 21 section 48 (a)( 2) (relating to energy percenta ge) is amcnd 22 eel to read as follows: 23 "(A ) IN GENERJ\.L.-'l'h e energy percent - 24 age 1s- oHR 6 EH AMERICA!\ pVERSIGHT 660 CEQ050FY18091_000000439 CEQ-18-0173-C-000698 659 1 "( i) in th e case of qua lified fuel cell 2 prop erty, 15 percent, and 3 "( ii) in the case of any oth er energy 4 5 prop erty, 10 percent. " . (c) Q uAL IIi'IED F UEL C ELL PROPER'l'Y .- Section 48 6 (relatin g to energy credit) is amencled(1) by redesignat:ing subsection (b) as para- 7 8 graph (5) of subsection (a), 9 (2) by striking "subsection (a)" in paragrap h 10 (5) of subsection (a), as redesignated by paragrap h 11 (1), and inserting "t his subsection ", and 12 (3) by adding at th e end the following new sub - 13 secti on: 14 ' 1 (b) QuAIAFll:!i D FUI~L CgL LJ PROPEH,TY.-Fo r pur- 15 poses of subsection (a)(3)(A) (jii)' 1 (1) IN GENERAIJ.-The 16 17 term 1 qualified fuel cell prop erty' means a fuel cell power plant which"(A) generates at least 0.5 kilowatt of clec- 18 tricity using an electro chemical process, and 19 20 "( B) ha s an electricity-only generat ion effi- 21 ciency greater than 30 percent. 22 "(2) LilV U'l'ATCON.-The energy credit ?w:ith re- 23 spect to any qualified fuel cell property shall not ex- 24 ceecl an amount equal to $500 for each 0.5 kilowatt 25 of capa city of su ch p1?operty. oHR 6 EH AMERICA!\ pVERSIGHT 661 CEQ050 FY18091_000000439 CEQ-18-0173-C-000699 659 1 "( i) in th e case of qua lified fuel cell 2 prop erty, 15 percent, and 3 "( ii) in the case of any oth er energy 4 5 prop erty, 10 percent. " . (c) Q uAL IIi'IED F UEL C ELL PROPER'l'Y .- Section 48 6 (relatin g to energy credit) is amencled(1) by redesignat:ing subsection (b) as para- 7 8 graph (5) of subsection (a), 9 (2) by striking "subsection (a)" in paragrap h 10 (5) of subsection (a), as redesignated by paragrap h 11 (1), and inserting "t his subsection ", and 12 (3) by adding at th e end the following new sub - 13 secti on: 14 ' 1 (b) QuAIAFll:!i D FUI~L CgL LJ PROPEH,TY.-Fo r pur- 15 poses of subsection (a)(3)(A) (jii)' 1 (1) IN GENERAIJ.-The 16 17 term 1 qualified fuel cell prop erty' means a fuel cell power plant which"(A) generates at least 0.5 kilowatt of clec- 18 tricity using an electro chemical process, and 19 20 "( B) ha s an electricity-only generat ion effi- 21 ciency greater than 30 percent. 22 "(2) LilV U'l'ATCON.-The energy credit ?w:ith re- 23 spect to any qualified fuel cell property shall not ex- 24 ceecl an amount equal to $500 for each 0.5 kilowatt 25 of capa city of su ch p1?operty. oHR 6 EH AMERICA!\ pVERSIGHT 661 CEQ050 FY18091_000000439 CEQ-18-0173-C-000699 660 "(3) Fum, CEL,L 1 POWER , PI,ANT.-Th e term 2 'fue l cell power plant' means an integrated system, 3 comprise d of a fuel cell stack assemb ly and associ- 4 ated balance of plant compone nt s, which converts a 5 fuel into elect ricity u sing electrochemical mea ns . 6 ION.-' f he term 'qualifi ed fuel ' 1 (4) TER.MINA'J' 7 cell property' shall not in clud e any property pla ced 8 in service after December 31, 2007 .". 9 (d) CONl<'ORMING AlvIENDMENT. - Section 48(a)( l ) is 10 amend ed by insertin g "except as provid ed in sub sect ion 11 (b)(2)," befor e "t he energy" the fi1?st place it appears . 12 (e) EI<'I,'ECTIVE DA't'IE.-'l1h e anwndments made by 13 thi s sectio n shall app ly to prop ert y pla ced in service after 14 April 11, 200 5, under rules similar to th e ru les of section 15 48(m) of the Int ernal Revenue Code of 1986 (as in effect 16 on th e day before th e date of the ena ctm ent of the Rev- 17 enuc Reconciliation Act of J990). 18 SEC. 1313. REDUCED MOTOR FUEL EXCISE TAX ON CER- 19 TAIN MIXTURES OF DIESEL FUEL. 20 (a) IN GENERAL.-Paragrap h (2) of sect ion 408 l (a) 21 is amended by addi ng at th e end th e fo11owing : "(D) DlE SEL-WA'l'BR ti'UEL, EMULSION.-ln 22 23 the case of diesel -water fuel emulsion at least 24 16.9 percent of which is water and with respect 25 to which the emul sion additiv e is registered by oHR 6 EH AMERICA!\ pVERSIGHT 662 CEQ050FY18091 _000000439 CEQ-18-0173-C-000700 660 "(3) Fum, CEL,L 1 POWER , PI,ANT.-Th e term 2 'fue l cell power plant' means an integrated system, 3 comprise d of a fuel cell stack assemb ly and associ- 4 ated balance of plant compone nt s, which converts a 5 fuel into elect ricity u sing electrochemical mea ns . 6 ION.-' f he term 'qualifi ed fuel ' 1 (4) TER.MINA'J' 7 cell property' shall not in clud e any property pla ced 8 in service after December 31, 2007 .". 9 (d) CONl<'ORMING AlvIENDMENT. - Section 48(a)( l ) is 10 amend ed by insertin g "except as provid ed in sub sect ion 11 (b)(2)," befor e "t he energy" the fi1?st place it appears . 12 (e) EI<'I,'ECTIVE DA't'IE.-'l1h e anwndments made by 13 thi s sectio n shall app ly to prop ert y pla ced in service after 14 April 11, 200 5, under rules similar to th e ru les of section 15 48(m) of the Int ernal Revenue Code of 1986 (as in effect 16 on th e day before th e date of the ena ctm ent of the Rev- 17 enuc Reconciliation Act of J990). 18 SEC. 1313. REDUCED MOTOR FUEL EXCISE TAX ON CER- 19 TAIN MIXTURES OF DIESEL FUEL. 20 (a) IN GENERAL.-Paragrap h (2) of sect ion 408 l (a) 21 is amended by addi ng at th e end th e fo11owing : "(D) DlE SEL-WA'l'BR ti'UEL, EMULSION.-ln 22 23 the case of diesel -water fuel emulsion at least 24 16.9 percent of which is water and with respect 25 to which the emul sion additiv e is registered by oHR 6 EH AMERICA!\ pVERSIGHT 662 CEQ050FY18091 _000000439 CEQ-18-0173-C-000700 661 1 a United States manufa ctur er with th e Envi- 2 rom11ental Prot ection Agency pur suant to sec- 3 tion 211 of th e Clean Air Act (as in effect on 4 :March 31, 2003), subparagraph (A)(iii) shall be 5 applied by substituting ' 19.7 cent s' for '24 .3 6 cent s' ." . 7 (b) SPBC IJ\L RuJ JES F'OR DIESEL-\iVNl'ER F um., 8 EM UI,SJONS.- 9 (1) REF UNDS FOR 'l'A){-PAJD PU RCIIASES .-S 10 tion 6427 is amended by rcdesignating subsection s 11 (m) throu gh (p) as subsection s (n) thro ugh (q) , re- 12 spcctively, and by insertin g after subsection (1) the 13 follmving new subsection: 14 "( rn) DIESEL F U EL U SED 'l'O PROD UCE E MUL- ec- 15 SION .- 16 "( 1) IN GENEHAIJ.-E xcept as provided in sub- 17 section (k), if any diesel fuel on which tax was im- 18 posed by section 4081 at the regular tax rat e is u sed 19 by any person in produ cing an emulsion described in 20 section 408 1(a)(2)( D) which is sold or used in such 21 person's trad e or bu siness, the Secretary shall pay 22 (without int erest) to such person an an:10unt equal to 23 the excess of th e regular tax rat e over the incentive 24 ta.,x rat e with respect to such fuel. oHR 6 EH AMERICA!\ pVERSIGHT 663 CEQ050FY18091 _000000439 CEQ-18-0173-C-000701 661 1 a United States manufa ctur er with th e Envi- 2 rom11ental Prot ection Agency pur suant to sec- 3 tion 211 of th e Clean Air Act (as in effect on 4 :March 31, 2003), subparagraph (A)(iii) shall be 5 applied by substituting ' 19.7 cent s' for '24 .3 6 cent s' ." . 7 (b) SPBC IJ\L RuJ JES F'OR DIESEL-\iVNl'ER F um., 8 EM UI,SJONS.- 9 (1) REF UNDS FOR 'l'A){-PAJD PU RCIIASES .-S 10 tion 6427 is amended by rcdesignating subsection s 11 (m) throu gh (p) as subsection s (n) thro ugh (q) , re- 12 spcctively, and by insertin g after subsection (1) the 13 follmving new subsection: 14 "( rn) DIESEL F U EL U SED 'l'O PROD UCE E MUL- ec- 15 SION .- 16 "( 1) IN GENEHAIJ.-E xcept as provided in sub- 17 section (k), if any diesel fuel on which tax was im- 18 posed by section 4081 at the regular tax rat e is used 19 by any person in produ cing an emulsion described in 20 section 408 1(a)(2)( D) which is sold or used in such 21 person's trad e or bu siness, the Secretary shall pay 22 (without int erest) to such person an an:10unt equal to 23 the excess of th e regular tax rat e over the incentive 24 ta.,x rat e with respect to such fuel. oHR 6 EH AMERICA!\ pVERSIGHT 663 CEQ050FY18091 _000000439 CEQ-18-0173-C-000701 662 "(2) DEl<'lNITfONS.-For 1 2 purpo ses of para graph (1)- 3 "(A ) REGULAR TA..: "XRATE.- ~fhe term '1?eg- 4 nlar tax rate' means th e aggregat e rat e of tax 5 imposed by section 4081 determin ed without re- 6 gard to section 408l(a.)(2)(D). " (B) INCENTIVE 7 T A..: '\: RATrn.-~rh e t er m 8 'incentive tax rat e' means th e aggTegate rat e of 9 tax imposed by section 4081 determin ed with 10 regard to section 408l(a)(2 )(D) ." . 11 (2) LATER SEPARATIO N OF FUEL.- Section 12 4081 (relating to inlposjtion of tax) is amended by 13 insertin g after subsection (b) th e following new sub- 14 section : 15 "(c) LA 't'ER SEPARNI'IONOF Fuun.1FRO i\l DTESEL- 16 1N N 1'ER P UEL El\1UI,SION.-If any person separates the 17 ta xable fuel from a diesel-v,rater fuel emulsion on which 18 tax ?was imposed under subsection (a) at a rat e determined 19 und er subsection (a)(2)( D) (or ?with respect t o which a 20 credit or payment was allowed or mad e by reason of sec- 21 tion 6427) , such person sha ll be t rea ted as th e refiner of 22 such ta xable fuel. The amount of ta,~ imposed on any re- 23 moval of such fuel by su ch person shal l be redu ced by th e 24 amount of tax imposed (and not credit ed or refund ed) on 25 any prior removal or ent ry of such fuel." . oHR 6 EH AMERICA!\ pVERSIGHT 664 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000702 662 "(2) DEl<'lNITfONS.-For 1 2 purpo ses of para graph (1)- 3 "(A ) REGULAR TA..: "XRATE.- ~fhe term '1?eg- 4 nlar tax rate' means th e aggregat e rat e of tax 5 imposed by section 4081 determin ed without re- 6 gard to section 408l(a.)(2)(D). " (B) INCENTIVE 7 T A..: '\: RATrn.-~rh e t er m 8 'incentive tax rat e' means th e aggTegate rat e of 9 tax imposed by section 4081 determin ed with 10 regard to section 408l(a)(2 )(D) ." . 11 (2) LATER SEPARATIO N OF FUEL.- Section 12 4081 (relating to inlposjtion of tax) is amended by 13 insertin g after subsection (b) th e following new sub- 14 section : 15 "(c) LA 't'ER SEPARNI'IONOF Fuun.1FRO i\l DTESEL- 16 1N N 1'ER P UEL El\1UI,SION.-If any person separates the 17 ta xable fuel from a diesel-v,rater fuel emulsion on which 18 tax ?was imposed under subsection (a) at a rat e determined 19 und er subsection (a)(2)( D) (or ?with respect t o which a 20 credit or payment was allowed or mad e by reason of sec- 21 tion 6427) , such person sha ll be t rea ted as th e refiner of 22 such ta xable fuel. The amount of ta,~ imposed on any re- 23 moval of such fuel by su ch person shal l be redu ced by th e 24 amount of tax imposed (and not credit ed or refund ed) on 25 any prior removal or ent ry of such fuel." . oHR 6 EH AMERICA!\ pVERSIGHT 664 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000702 663 1 (c) EFl o'ECTIVB DATE.-Th e amendm ent s mad e by 2 thi s section sha ll tak e effect on Jan u ary 1, 2006. 3 SEC. 1314. AMORTIZATION OF DELAY RENTAL PAYMENTS . 4 (a) I N GENERAL.-Scction 167 (relati ng to dcpr ecia- 5 tion) is amended by red esignating subsection (h) as sub- 6 secfaon (i) and by insert ing after sub section (g) the fo]7 lowing new sub section: 8 9 "( h) J\ 1\ IORTIZA'l'TON OP DELAYRrn NTAL PAYME N'l' S FOR D OlVIESTIC OIL Al'ID GAS \iVELL S .- 10 " (I ) IN GENERAL. - Any delay r ent al pa yment 11 paid or incurr ed in connect ion with the development 12 of oil or gas wells within th e U nited States (as de- 13 fined in section 638) shall be allowed as a deduction 14 ratab ly over t he 24-mo nth period beginn ing on the 15 date that such payment vvas paid or incu.rred. 16 "(2) I L\LF' -YEAR CONVENTION .-For purpo ses 17 of pa r agrap h (1) , any pa yment paid or incurr ed dur - 18 ing th e taxab le year shall be tr eated as paid or m- 19 curr ed on th e mid-poi nt of such taxab le year . 20 "(3) EX CLUSI VE l\:IETIIOD.- Ex cept as provided 21 m this sub section, no depr eciation or amort izat ion 22 deduction shall be allowed with respect to su ch pay- 23 ment s. "( 4) 24 25 T REATME N'l' U PON ABANDONI\IEN'l' .- If any pr opert y to v1 1l1ich a delay r enta l payment rela tes oHR 6 EH AMERICA!\ pVERSIGHT 665 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000703 663 1 (c) EFl o'ECTIVB DATE.-Th e amendm ent s mad e by 2 thi s section sha ll tak e effect on Jan u ary 1, 2006. 3 SEC. 1314. AMORTIZATION OF DELAY RENTAL PAYMENTS . 4 (a) I N GENERAL.-Scction 167 (relati ng to dcpr ecia- 5 tion) is amended by red esignating subsection (h) as sub- 6 secfaon (i) and by insert ing after sub section (g) the fo]7 lowing new sub section: 8 9 "( h) J\ 1\ IORTIZA'l'TON OP DELAYRrn NTAL PAYME N'l' S FOR D OlVIESTIC OIL Al'ID GAS \iVELL S .- 10 " (I ) IN GENERAL. - Any delay r ent al pa yment 11 paid or incurr ed in connect ion with the development 12 of oil or gas wells within th e U nited States (as de- 13 fined in section 638) shall be allowed as a deduction 14 ratab ly over t he 24-mo nth period beginn ing on the 15 date that such payment vvas paid or incu.rred. 16 "(2) I L\LF' -YEAR CONVENTION .-For purpo ses 17 of pa r agrap h (1) , any pa yment paid or incurr ed dur - 18 ing th e taxab le year shall be tr eated as paid or m- 19 curr ed on th e mid-poi nt of such taxab le year . 20 "(3) EX CLUSI VE l\:IETIIOD.- Ex cept as provided 21 m this sub section, no depr eciation or amort izat ion 22 deduction shall be allowed with respect to su ch pay- 23 ment s. "( 4) 24 25 T REATME N'l' U PON ABANDONI\IEN'l' .- If any pr opert y to v1 1l1ich a delay r enta l payment rela tes oHR 6 EH AMERICA!\ pVERSIGHT 665 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000703 664 1 is r etir ed or abandoned durin g t he 24-month period 2 describ ed in par agraph (1), no deduction shall b e al- 3 lowed on account of such retirement or aband ou- 4 ment and th e amortization deduction und er thi s sub - 5 section shall continu e with respect to such payment . 6 " (5) D ELA Y REN'J'J\T, PAYl\lEN' l'S.-Fo r purpo ses 7 of thi s sub section, th e term 'delay rent al p ayment' 8 mean s an amount paid for th e privilege of deferr ing 9 development of an oil or gas well und er an oil gas 0 1? 10 lease ." . 11 (b) E FFEC'l'IVE DA'l'E.-Th c amendm ent s mad e by 12 th is section sha ll apply to amount s p aid or incurr ed in ta x13 able years beginnin g after th e date of the ena ct ment of 14 th is Act. 15 SEC. 1315. AMORTIZATION OF GEOLOGICAL AND GEO- 16 17 PHYSICAL EXPENDITURES. (a) IN GENERAL.-S ection 167 (relat ing to deprecia- 18 tion) , as amended by section 1314 of thi s title, is amended 19 by redesignati ng sub section (i) as sub section (j ) and by 20 insertin g after subsection (h) the following new subsection : 21 "( i) A.J.\I IOR,'l' I 1/2 A'l'lO N 0 1<' G!DOLOGICAI, AND GE0 - 22 PHYSIUAf, E XPEN DI'l'URg S .23 "( l ) I N GIDNERAI~.- Any geological and geoincurr ed in connection 24 physical eA'1)e nses paid 25 wit h the eA'1)lorat ion for , or development of, oil 0 1? 01 ? oHR 6 EH AMERICA!\ pVERSIGHT 666 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000704 664 1 is r etir ed or abandoned durin g t he 24-month period 2 describ ed in par agraph (1), no deduction shall b e al- 3 lowed on account of such retirement or aband ou- 4 ment and th e amortization deduction und er thi s sub - 5 section shall continu e with respect to such payment . 6 " (5) D ELA Y REN'J'J\T, PAYl\lEN' l'S.-Fo r purpo ses 7 of thi s sub section, th e term 'delay rent al p ayment' 8 mean s an amount paid for th e privilege of deferr ing 9 development of an oil or gas well und er an oil gas 0 1? 10 lease ." . 11 (b) E FFEC'l'IVE DA'l'E.-Th c amendm ent s mad e by 12 th is section sha ll apply to amount s p aid or incurr ed in ta x13 able years beginnin g after th e date of the ena ct ment of 14 th is Act. 15 SEC. 1315. AMORTIZATION OF GEOLOGICAL AND GEO- 16 17 PHYSICAL EXPENDITURES. (a) IN GENERAL.-S ection 167 (relat ing to deprecia- 18 tion) , as amended by section 1314 of thi s title, is amended 19 by redesignati ng sub section (i) as sub section (j ) and by 20 insertin g after subsection (h) the following new subsection : 21 "( i) A.J.\I IOR,'l' I 1/2 A'l'lO N 0 1<' G!DOLOGICAI, AND GE0 - 22 PHYSIUAf, E XPEN DI'l'URg S .23 "( l ) I N GIDNERAI~.- Any geological and geoincurr ed in connection 24 physical eA'1)e nses paid 25 wit h the eA'1)lorat ion for , or development of, oil 0 1? 01 ? oHR 6 EH AMERICA!\ pVERSIGHT 666 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000704 665 1 gas within th e United States (as defined in section 2 638) shall be allmved as a deduction ratab ly over the 3 24-month period begim1ing on the dat e that such ex- 4 pense was pa id or incurred. 5 ('(2) SPECIAL RULES.- For purposes of t his 6 subsection, rules similar to the ruJes of paragraphs 7 (2), (3), and (4) of subsection (h ) shall app ly .". 8 (b) CONI<'ORMJNG AMENDlY IEWr .-Section 263A(c)(3) 9 1s amended by inserting " 167(h) , 167(i )," after "und er 10 section'' . 11 (c) EF FEC'l'IVE DATE.-1. ] 1e amendment s made by 12 th is section shall apply to amounts paid or. incurr ed in tax13 able years beginning after th e date of th e enactment of 14 th is Act. 15 SEC. 1316. ADVANCED LEAN BURN TECHNOLOGY MOTOR 16 17 VEHICLE CREDIT. (a) IN GENERAL.-Subpart B of part IV of sub- 18 chapt er A of chapt er 1 (relating to other credits) is 19 amended by adding at th e end the following: 20 "SEC. 30B. ADVAN CED LEAN BURN TECHNOLOGY MOTOR 21 22 VEHICLE CREDIT. "(a) Ar,IJOWANCEOF' CREDI'l'.-rfl1ere shall be al- 23 lowed as a credit against the tax imposed by this chapt er 24 for the t axable year an amount equal to the sm11 of the 25 credit amount s determin ed under snbsection (b) with re- oHR 6 EH AMERICA!\ pVERSIGHT 667 CEQ050FY18091 _000000439 CEQ-18-0173-C-000705 665 1 gas within th e United States (as defined in section 2 638) shall be allmved as a deduction ratab ly over the 3 24-month period begim1ing on the dat e that such ex- 4 pense was pa id or incurred. 5 ('(2) SPECIAL RULES.- For purposes of t his 6 subsection, rules similar to the ruJes of paragraphs 7 (2), (3), and (4) of subsection (h ) shall app ly .". 8 (b) CONI<'ORMJNG AMENDlY IEWr .-Section 263A(c)(3) 9 1s amended by inserting " 167(h) , 167(i )," after "und er 10 section'' . 11 (c) EF FEC'l'IVE DATE.-1. ] 1e amendment s made by 12 th is section shall apply to amounts paid or. incurr ed in tax13 able years beginning after th e date of th e enactment of 14 th is Act. 15 SEC. 1316. ADVANCED LEAN BURN TECHNOLOGY MOTOR 16 17 VEHICLE CREDIT. (a) IN GENERAL.-Subpart B of part IV of sub- 18 chapt er A of chapt er 1 (relating to other credits) is 19 amended by adding at th e end the following: 20 "SEC. 30B. ADVAN CED LEAN BURN TECHNOLOGY MOTOR 21 22 VEHICLE CREDIT. "(a) Ar,IJOWANCEOF' CREDI'l'.-rfl1ere shall be al- 23 lowed as a credit against the tax imposed by this chapt er 24 for the t axable year an amount equal to the sm11 of the 25 credit amount s determin ed under snbsection (b) with re- oHR 6 EH AMERICA!\ pVERSIGHT 667 CEQ050FY18091 _000000439 CEQ-18-0173-C-000705 666 1 spect to each qualified advanced lean burn technology 2 motor vehicle placed :in service by th e taxpayer durin g the 3 taxabl e year . 4 "(b) C REDIT .fuWOUN T .- For purpo ses of subsection 5 (a)- '1 (1) 6 7 F uE I_j Eii'FICIENC'Y .-Th e credit amount w:ith respect to any vehicle shall be- 8 "(A) $500, if th e city fuel economy of such 9 vehicle is at least 125 percent but less than 150 10 percent of the 2000 model year city fuel econ- 11 mny for a vehicle in the same inertia weight 12 class, 13 " (B) $1,000, if th e city fuel economy of 14 such vehicle is at least l 50 percent but less 15 than 175 percent of th e 2000 model year c:ity 16 fuel economy for a vehicle in the same inertia 17 weight class, 18 "(C) $1,500, if th e city fuel economy of 19 such vehicle is at least 175 percent but less 20 than 200 per cent of the 2000 model year city 21 fuel economy for a vehicle in the same inerti a 22 weight class, 23 "( D) $2,000, if the city fuel economy of 24 such vehicle is at least 200 percent but less 25 than 225 percent of th e 2000 model year city oHR 6 EH AMERICA!\ pVERSIGHT 668 CEQ050FY18091 _000000439 CEQ-18-0173-C-000706 666 1 spect to each qualified advanced lean burn technology 2 motor vehicle placed :in service by th e taxpayer durin g the 3 taxabl e year . 4 "(b) C REDIT .fuWOUN T .- For purpo ses of subsection 5 (a)- '1 (1) 6 7 F uE I_j Eii'FICIENC'Y .-Th e credit amount w:ith respect to any vehicle shall be- 8 "(A) $500, if th e city fuel economy of such 9 vehicle is at least 125 percent but less than 150 10 percent of the 2000 model year city fuel econ- 11 mny for a vehicle in the same inertia weight 12 class, 13 " (B) $1,000, if th e city fuel economy of 14 such vehicle is at least l 50 percent but less 15 than 175 percent of th e 2000 model year c:ity 16 fuel economy for a vehicle in the same inertia 17 weight class, 18 "(C) $1,500, if th e city fuel economy of 19 such vehicle is at least 175 percent but less 20 than 200 per cent of the 2000 model year city 21 fuel economy for a vehicle in the same inerti a 22 weight class, 23 "( D) $2,000, if the city fuel economy of 24 such vehicle is at least 200 percent but less 25 than 225 percent of th e 2000 model year city oHR 6 EH AMERICA!\ pVERSIGHT 668 CEQ050FY18091 _000000439 CEQ-18-0173-C-000706 667 1 fue] econon1y for a vehicle in th e same inertia 2 weight class, 3 "( E ) $2,500, if th e city fuel economy of 4 such vehicle is at least 225 percent but less 5 tha n 250 pci?cent of th e 2000 model year city 6 fuel economy for a ve1ucle in th e same inertia 7 weight class, and 8 " (F ) $3,000 , if the city fuel economy of 9 such vehicle is at least 250 percent of th e 2000 10 model year city fuel economy for a vehicle in 11 th e same inertia ,~reight class . 12 " (2) C ONSE HNATI ON.-Th c credit amount de- 13 termin ed und er para gTaph (1 ) with respect to any 14 vehicle shall be increased by- 15 " (A.) $25 0, if the lifetime fuel savmgs of 16 such vehicle is at least 1,500 gallons of motor 17 fuel but less th an 2,500 gallons of motor fuel, 18 and 19 "( B ) $500, if th e lifetime fuel savings of 20 such vehicle is at least 2,500 gallons of motor 21 fuel. 22 "(c) LI !\II'l'ATIO N B ASED ON .AlV IOUN'l' OF TA"~ .- rrh e 23 credit a1Jowed under subsection (a) for the t axable year 24 shall not exceed th e excess of- oHR 6 EH AMERICA!\ pVERSIGHT 669 CEQ050FY18091 _000000439 CEQ-18-0173-C-000707 667 1 fue] econon1y for a vehicle in th e same inertia 2 weight class, 3 "( E ) $2,500, if th e city fuel economy of 4 such vehicle is at least 225 percent but less 5 tha n 250 pci?cent of th e 2000 model year city 6 fuel economy for a ve1ucle in th e same inertia 7 weight class, and 8 " (F ) $3,000 , if the city fuel economy of 9 such vehicle is at least 250 percent of th e 2000 10 model year city fuel economy for a vehicle in 11 th e same inertia ,~reight class . 12 " (2) C ONSE HNATI ON.-Th c credit amount de- 13 termin ed und er para gTaph (1 ) with respect to any 14 vehicle shall be increased by- 15 " (A.) $25 0, if the lifetime fuel savmgs of 16 such vehicle is at least 1,500 gallons of motor 17 fuel but less th an 2,500 gallons of motor fuel, 18 and 19 "( B ) $500, if th e lifetime fuel savings of 20 such vehicle is at least 2,500 gallons of motor 21 fuel. 22 "(c) LI !\II'l'ATIO N B ASED ON .AlV IOUN'l' OF TA"~ .- rrh e 23 credit a1Jowed under subsection (a) for the t axable year 24 shall not exceed th e excess of- oHR 6 EH AMERICA!\ pVERSIGHT 669 CEQ050FY18091 _000000439 CEQ-18-0173-C-000707 668 1 "( ] ) th e sum of the regul ar tax liability (as de- 2 fined in section 26(b)) plus the tax imposed by sec- 3 tion 55, over 4 " (2) th e sum of t he credits allowable und er sub- 5 part A and sections 27 and 30A for th e taxabl e 6 year. 7 "( d) DEF'INI'rION s .-For purpo ses of thi s section- 8 "(1) Q UALlF'l1s 5,000 lbs 5,fi00 lbs 6,000 lbs weight The 2000 model year city fuel economy is: .................................................................................. .................................................................................. .................................................................................. .................................................................................. .................................................................................. J 9.3 mpg G,500 lbs .......... ............. ....... ..... ..... ........... ....... ..... ..... .......... ... . mp g 11.1 11l])g . 7,000 or 8,500 lbs ...... .......... ..... ....................... ............... ........ . 1 17.2 lfi .5 14.l 12.9 lU) mpg n1pg mpg mpg "( B) In th e case of a light truck: "If vehicle class is: l. 500 01 ? inertia weight The 2000 model year city fuel economy is: 1,750 lbs .................................................................... 2 ,000 lbs ..... ...... .............. ............... .......... ....... ...... ..... .......... ... . 2,2i)0 lbs ... ......... ....................... ..... ...... .......... ................. ........ . 2,500 2,750 3,000 3,500 4,000 4.500 lbs ....... ..... ............ ........... ..... ................. ...... .......... ........ . lbs .................................................................................. ll>s ............ ............. ............... ........ ...... ......... .......... ........ . lbs ....... .................. ................................. ..... ..... ............. . lbs .................................................................................. lbs ............... .......... ............... ........ ........ ......................... . 5,000 lbs .................................................................................. 5,5 00 lbs ............ ....................... ............. ........ ................. ,....... . 6,000 lbs ...... ...... ............. .......... ..... ........ ........ ....... .......... ..... ... . 6,500 lbs .................................................................................. 7,000 or 8,500 ll>s .................................................................... 37.6 mpg :13.7 30.6 28.0 25.9 24.1 2Ul 19.0 17.3 15.8 14.6 H .6 mp g rnpg mpg mpg lllpg n1pg mpg mpg mp g mp g rnpg J2.8 mpg 12.0 mpg. 2 " (4) lVIo rroR VEHICLE.-'Th e term 'motor vehi- 3 cle' ha s th e meaning given such term by section 4 30(c)(2) . 5 " (5) CITY f<'UI~J, EC0N0MY.-C ity fuel economy 6 ,vith respect to any vehicle shall be measur ed in ac- 7 cordan ce ? with testing and calculation procedur es es- 8 tablished by the Administrator of the Envir omne ntal 9 Pro tect ion Agency by regulations in effect on April 10 11, 2005. "(6) 11 OTHE R 'l'ERMS.-rrh e term s 'passenger 12 automobile', ' light truck ' , and 'manufactur er ' shall 13 have th e meanings given such term s in regul ations 14 pr escribed by th e Administrator of th e En viron- oHR 6 EH AMERICA!\ pVERSIGHT 672 CEQ050FY18091 _000000439 CEQ-18-0173-C-000710 670 vehicle class is: "If inertia 4,000 lbs 4,::i00 ll>s 5,000 lbs 5,fi00 lbs 6,000 lbs weight The 2000 model year city fuel economy is: .................................................................................. .................................................................................. .................................................................................. .................................................................................. .................................................................................. J 9.3 mpg G,500 lbs .......... ............. ....... ..... ..... ........... ....... ..... ..... .......... ... . mp g 11.1 11l])g . 7,000 or 8,500 lbs ...... .......... ..... ....................... ............... ........ . 1 17.2 lfi .5 14.l 12.9 lU) mpg n1pg mpg mpg "( B) In th e case of a light truck: "If vehicle class is: l. 500 01 ? inertia weight The 2000 model year city fuel economy is: 1,750 lbs .................................................................... 2 ,000 lbs ..... ...... .............. ............... .......... ....... ...... ..... .......... ... . 2,2i)0 lbs ... ......... ....................... ..... ...... .......... ................. ........ . 2,500 2,750 3,000 3,500 4,000 4.500 lbs ....... ..... ............ ........... ..... ................. ...... .......... ........ . lbs .................................................................................. ll>s ............ ............. ............... ........ ...... ......... .......... ........ . lbs ....... .................. ................................. ..... ..... ............. . lbs .................................................................................. lbs ............... .......... ............... ........ ........ ......................... . 5,000 lbs .................................................................................. 5,5 00 lbs ............ ....................... ............. ........ ................. ,....... . 6,000 lbs ...... ...... ............. .......... ..... ........ ........ ....... .......... ..... ... . 6,500 lbs .................................................................................. 7,000 or 8,500 ll>s .................................................................... 37.6 mpg :13.7 30.6 28.0 25.9 24.1 2Ul 19.0 17.3 15.8 14.6 H .6 mp g rnpg mpg mpg lllpg n1pg mpg mpg mp g mp g rnpg J2.8 mpg 12.0 mpg. 2 " (4) lVIo rroR VEHICLE.-'Th e term 'motor vehi- 3 cle' ha s th e meaning given such term by section 4 30(c)(2) . 5 " (5) CITY f<'UI~J, EC0N0MY.-C ity fuel economy 6 ,vith respect to any vehicle shall be measur ed in ac- 7 cordan ce ? with testing and calculation procedur es es- 8 tablished by the Administrator of the Envir omne ntal 9 Pro tect ion Agency by regulations in effect on April 10 11, 2005. "(6) 11 OTHE R 'l'ERMS.-rrh e term s 'passenger 12 automobile', ' light truck ' , and 'manufactur er ' shall 13 have th e meanings given such term s in regul ations 14 pr escribed by th e Administrator of th e En viron- oHR 6 EH AMERICA!\ pVERSIGHT 672 CEQ050FY18091 _000000439 CEQ-18-0173-C-000710 671 1 mental Protection Agency for purposes of the admin- 2 istration of tit le II of the Clean Air Act (42 U .S.C. 3 7521 ct seq.). 4 "(c) CAR RYFOR\~ 71UlD ALLOWED .- 5 "(l ) I N GE NER AL. - If the credit amoun t allow- 6 able und er subsection (a) for a taxabl e year exceeds 7 th e amount of th e limitation und er subsection (c) for 8 such taxabl e year (referred to as th e 'unus ed credit 9 year ' in thi s paragraph) , such excess shall be allovved 10 as a credit carr yforward for each of the 20 taxabl e 11 years following the unu sed credit year. 12 " (2) R ULI.i;S.-Rule s sin1ilar to the rules of sec- 13 tion 39 shall apply "'~th respect to the credit 14 carryforward und er para gn-iph (1). 15 ' 1 (f) SPECIAL RULBS.-] ?or purpo ses of thi s 16 section- ' 1 (1) 17 RBD UC'l'[O N I N BASlS.-T he basis of any 18 prop cit y for which a credit is allowable und er sub - 19 secti on (a) shall be redu ced by the amount of su ch 20 credit (determin ed without regar d t o subsection (c)) . 21 "(2) No DOUBJ;J~ BENJ~J oIT.-Th e arnotmt of 22 any deduction or credit allowable und er thi s chapter 23 (other than the credit allowable und er subsection 24 (a)), with respect to any vehicle shall be reduced by 25 the amount of credit allowed m1der subsection (a) oHR 6 EH AMERICA!\ pVERSIGHT 673 CEQ050FY18091 _000000439 CEQ-18-0173-C-000711 671 1 mental Protection Agency for purposes of the admin- 2 istration of tit le II of the Clean Air Act (42 U .S.C. 3 7521 ct seq.). 4 "(c) CAR RYFOR\~ 71UlD ALLOWED .- 5 "(l ) I N GE NER AL. - If the credit amoun t allow- 6 able und er subsection (a) for a taxabl e year exceeds 7 th e amount of th e limitation und er subsection (c) for 8 such taxabl e year (referred to as th e 'unus ed credit 9 year ' in thi s paragraph) , such excess shall be allovved 10 as a credit carr yforward for each of the 20 taxabl e 11 years following the unu sed credit year. 12 " (2) R ULI.i;S.-Rule s sin1ilar to the rules of sec- 13 tion 39 shall apply "'~th respect to the credit 14 carryforward und er para gn-iph (1). 15 ' 1 (f) SPECIAL RULBS.-] ?or purpo ses of thi s 16 section- ' 1 (1) 17 RBD UC'l'[O N I N BASlS.-T he basis of any 18 prop cit y for which a credit is allowable und er sub - 19 secti on (a) shall be redu ced by the amount of su ch 20 credit (determin ed without regar d t o subsection (c)) . 21 "(2) No DOUBJ;J~ BENJ~J oIT.-Th e arnotmt of 22 any deduction or credit allowable und er thi s chapter 23 (other than the credit allowable und er subsection 24 (a)), with respect to any vehicle shall be reduced by 25 the amount of credit allowed m1der subsection (a) oHR 6 EH AMERICA!\ pVERSIGHT 673 CEQ050FY18091 _000000439 CEQ-18-0173-C-000711 672 1 ( determin ed without regard to subsection (c)) for 2 such vehicle for th e taxable year. 3 "(3) PROPERTY USED BY TA)C-EXEMPT EN'rI- 4 TY.- In th e case of a vehicle whose use is described 5 in paragr aph (3) or (4) of section 50(b) and which 6 is not subject to a lease, th e person who sold such 7 vehicle to th e person or entit y using such vehicle 8 shall be tr eat ed as th e tmo,7Pa yer that placed such ve- 9 hicle in service, but only if su ch person clearly dis- 10 closes to such person or entit y in a document the 11 amount of any credit allowable under subsection (a) 12 with respect to such vehicle (determin ed without re- 13 gard to sub section (c)). 14 " (4) PROPEH ,TY USED OU'l' SIDJ!j UN IT ED 15 S'l'ATE S , E'l' C ., NO'!' QUAL l l< 'I ED.-No 16 allowable und er subsection (a) with respect to any 17 propert y referr ed to in section 50(b)( l ) or with re- 18 spcct to th e portion of th e cost of any prop ert y 19 taken int o account under section 179. 20 "(5) credit sha]J be ELE CTION NOT TO TAKE CREDIT. - No 21 credit shall be allowed und er subsection (a) for any 22 vehicle if th e taxpayer elect s not to have this section 23 apply to such vehicle. 24 25 " (6) I NTER AC TIO N WITII 1\IOTOR VEHI CLE SAFE'l 'Y AIR QUALITY Al"\J D STANDARDS.- Unlcss oth- oHR 6 EH AMERICA!\ pVERSIGHT 674 CEQ050FY18091 _000000439 CEQ-18-0173-C-000712 672 1 ( determin ed without regard to subsection (c)) for 2 such vehicle for th e taxable year. 3 "(3) PROPERTY USED BY TA)C-EXEMPT EN'rI- 4 TY.- In th e case of a vehicle whose use is described 5 in paragr aph (3) or (4) of section 50(b) and which 6 is not subject to a lease, th e person who sold such 7 vehicle to th e person or entit y using such vehicle 8 shall be tr eat ed as th e tmo,7Pa yer that placed such ve- 9 hicle in service, but only if su ch person clearly dis- 10 closes to such person or entit y in a document the 11 amount of any credit allowable under subsection (a) 12 with respect to such vehicle (determin ed without re- 13 gard to sub section (c)). 14 " (4) PROPEH ,TY USED OU'l' SIDJ!j UN IT ED 15 S'l'ATE S , E'l' C ., NO'!' QUAL l l< 'I ED.-No 16 allowable und er subsection (a) with respect to any 17 propert y referr ed to in section 50(b)( l ) or with re- 18 spcct to th e portion of th e cost of any prop ert y 19 taken int o account under section 179. 20 "(5) credit sha]J be ELE CTION NOT TO TAKE CREDIT. - No 21 credit shall be allowed und er subsection (a) for any 22 vehicle if th e taxpayer elect s not to have this section 23 apply to such vehicle. 24 25 " (6) I NTER AC TIO N WITII 1\IOTOR VEHI CLE SAFE'l 'Y AIR QUALITY Al"\J D STANDARDS.- Unlcss oth- oHR 6 EH AMERICA!\ pVERSIGHT 674 CEQ050FY18091 _000000439 CEQ-18-0173-C-000712 673 1 erwise prmrided in thi s section , a motor vehicle shall 2 not be considered eligible for a credit m1cler thi s sec- 3 tion unl ess such vehicle is in compliance vvith - 4 " (A) th e applicable provisions of th e Clean 5 Air Act for t he applicable mak e and model year 6 of th e vehicle (or applicable aiT qualit y provi- 7 sions of Sta te law in th e case of a Stat e which 8 has adopt ed such provision und er a waiver 9 und er section 209 (b) of th e Clean Air Act) , and 10 " (B ) th e motor vehicle safety provisions of 11 sections 30101 12 Urut ecl Stat es Code. 13 tlu?ough 30169 of title 49 , " (g) RBG UL A'l'IO NS.- 14 " (] ) I N OENERAL.-rrh e Secretar y shall pro- 15 mulgat e su ch regulat ions as necessary to carr y out 16 thi s section , includin g regulation s to pr event the 17 avoidance of th e purpo ses of th is section throu gh 18 disposal of any motor vehicle or leasing of any motor 19 vehicle for a lease period of less than the economic 20 life of such vehicle. 21 " (2) DETBR .MINA'l'ION OF' MOTOR VE HICLE B11l - 22 GJBII,ITY.-Th e Secretar y, in coordination ?with th e 23 Secret ary of rrran sport ation and th e Admini strat or 24 of th e En vir onmental Pro tection Agency, shall pre- 25 scribe such regulat ions as necessary to det ermin e oHR 6 EH AMERICA!\ pVERSIGHT 675 CEQ050FY18091_000000439 CEQ-18-0173-C-000713 673 1 erwise prmrided in thi s section , a motor vehicle shall 2 not be considered eligible for a credit m1cler thi s sec- 3 tion unl ess such vehicle is in compliance vvith - 4 " (A) th e applicable provisions of th e Clean 5 Air Act for t he applicable mak e and model year 6 of th e vehicle (or applicable aiT qualit y provi- 7 sions of Sta te law in th e case of a Stat e which 8 has adopt ed such provision und er a waiver 9 und er section 209 (b) of th e Clean Air Act) , and 10 " (B ) th e motor vehicle safety provisions of 11 sections 30101 12 Urut ecl Stat es Code. 13 tlu?ough 30169 of title 49 , " (g) RBG UL A'l'IO NS.- 14 " (] ) I N OENERAL.-rrh e Secretar y shall pro- 15 mulgat e su ch regulat ions as necessary to carr y out 16 thi s section , includin g regulation s to pr event the 17 avoidance of th e purpo ses of th is section throu gh 18 disposal of any motor vehicle or leasing of any motor 19 vehicle for a lease period of less than the economic 20 life of such vehicle. 21 " (2) DETBR .MINA'l'ION OF' MOTOR VE HICLE B11l - 22 GJBII,ITY.-Th e Secretar y, in coordination ?with th e 23 Secret ary of rrran sport ation and th e Admini strat or 24 of th e En vir onmental Pro tection Agency, shall pre- 25 scribe such regulat ions as necessary to det ermin e oHR 6 EH AMERICA!\ pVERSIGHT 675 CEQ050FY18091_000000439 CEQ-18-0173-C-000713 674 1 whether a motor vehicle meets th e requirement s to 2 be eligible for a credit und er this section. 3 "(h) TERMINATION.- This section shall not apply to 4 any property placed in service after December 31, 2007 ." . 5 (b) CONFORMING .Al\lIENDMEN'rS. - 6 (1) Section 1016(a ), as amended by section 7 1311 of thi s titl e, is amended by striking "and" at 8 th e end of paragraph (31), by str iking the period at 9 th e encl of paragraph 10 and by adding at the end the following: " (33) 11 12 to the extent provided 111 section 30B(f)(l) ." . (2) Section 6501(111)is amended by insert ing 13 14 (32) and insertjng ", and", ' 130B(f)(6), " aft er "3 0(d)(4), " . 15 (3) The tabl e of sections for subpart B of pa rt 16 IV of subchapt er A of chapter 1 is amended by in- 17 serting after the item relatin g to secfaon 30A the fol- 18 lowing: "S ee. 30B . Advanced lean burn technology motor vehicle c1?edit. ". 19 (c) EFFECTIVE DATE.- rrhe amendments made by 20 thi s section shall apply to property placed in service aft er 21 th e dat e of the enactment of thi s Act in ta.-xable years encl- 22 ing aft er such elate. oHR 6 EH AMERICA!\ pVERSIGHT 676 CEQ050 FY18091_000000439 CEQ-18-0173-C-000714 674 1 whether a motor vehicle meets th e requirement s to 2 be eligible for a credit und er this section. 3 "(h) TERMINATION.- This section shall not apply to 4 any property placed in service after December 31, 2007 ." . 5 (b) CONFORMING .Al\lIENDMEN'rS. - 6 (1) Section 1016(a ), as amended by section 7 1311 of thi s titl e, is amended by striking "and" at 8 th e end of paragraph (31), by str iking the period at 9 th e encl of paragraph 10 and by adding at the end the following: " (33) 11 12 to the extent provided 111 section 30B(f)(l) ." . (2) Section 6501(111)is amended by insert ing 13 14 (32) and insertjng ", and", ' 130B(f)(6), " aft er "3 0(d)(4), " . 15 (3) The tabl e of sections for subpart B of pa rt 16 IV of subchapt er A of chapter 1 is amended by in- 17 serting after the item relatin g to secfaon 30A the fol- 18 lowing: "S ee. 30B . Advanced lean burn technology motor vehicle c1?edit. ". 19 (c) EFFECTIVE DATE.- rrhe amendments made by 20 thi s section shall apply to property placed in service aft er 21 th e dat e of the enactment of thi s Act in ta.-xable years encl- 22 ing aft er such elate. oHR 6 EH AMERICA!\ pVERSIGHT 676 CEQ050 FY18091_000000439 CEQ-18-0173-C-000714 675 1 SEC. 1317. CREDIT FOR ENERGY EFFICIENCY IMPROVE2 3 MENTS TO EXISTING HOMES. (a) I N GgNgRAL.-Subpart A of part IV of sub- 4 chapter A of chapt er 1 (relating to nonr efundabl e per sonal 5 credit s), as amended by section 1311 , is amended by in- 6 serting afte r section 25C the follnwing ne,v section : 7 "SEC. 25D. ENERGY EFFICIENCY IMPROVEMENTS TO EXIST- 8 9 ING HOMES. "( a) ALLOWA NCE OF' CREDI'l'.-In the case of an in- 10 dividual, th er e shalJ be allowed as a credit aga inst the tax 11 imposed by this chapt er for the taxab le yea r an am01mt 12 equa l to 20 percent of th e amount paid or incurred by 13 th e ta,:;q)ayer for qualifi ed energy efficiency impro vements 14 in sta lled during su ch ta xable yea r. 15 "(b) LIMI'l'A'l'IONS.- 16 "( 1) MiL'CIMUM CREDIT.-'rh e cr edit alJowed by 17 this section with respect to a dwelling unit sha ll not 18 exceed $2, 000. 19 "(2) SAl\m P RIOR CRE DI 'I' AM OUN TS FOR 'l'AXPAYER .- If a 20 ON 21 credit was allowed to th e ta :;q)ayer und er subsection 22 (a) with r espect to a dwelling unit in 1 or more prior 23 taxab le years, the amoun t of the credit otherwise al- 24 lowable for th e taxab le year with respect to that 25 dwelling unit shall be reduced by the sum of the 26 credit s allO\,ved under sub section (a) to the taxpa yer DvVELLI NG TAKEN I NTO ACCOUNT oHR 6 EH AMERICA!\ pVERSIGHT 677 CEQ050 FY18091_000000439 CEQ-18-0173-C-000715 675 1 SEC. 1317. CREDIT FOR ENERGY EFFICIENCY IMPROVE2 3 MENTS TO EXISTING HOMES. (a) I N GgNgRAL.-Subpart A of part IV of sub- 4 chapter A of chapt er 1 (relating to nonr efundabl e per sonal 5 credit s), as amended by section 1311 , is amended by in- 6 serting afte r section 25C the follnwing ne,v section : 7 "SEC. 25D. ENERGY EFFICIENCY IMPROVEMENTS TO EXIST- 8 9 ING HOMES. "( a) ALLOWA NCE OF' CREDI'l'.-In the case of an in- 10 dividual, th er e shalJ be allowed as a credit aga inst the tax 11 imposed by this chapt er for the taxab le yea r an am01mt 12 equa l to 20 percent of th e amount paid or incurred by 13 th e ta,:;q)ayer for qualifi ed energy efficiency impro vements 14 in sta lled during su ch ta xable yea r. 15 "(b) LIMI'l'A'l'IONS.- 16 "( 1) MiL'CIMUM CREDIT.-'rh e cr edit alJowed by 17 this section with respect to a dwelling unit sha ll not 18 exceed $2, 000. 19 "(2) SAl\m P RIOR CRE DI 'I' AM OUN TS FOR 'l'AXPAYER .- If a 20 ON 21 credit was allowed to th e ta :;q)ayer und er subsection 22 (a) with r espect to a dwelling unit in 1 or more prior 23 taxab le years, the amoun t of the credit otherwise al- 24 lowable for th e taxab le year with respect to that 25 dwelling unit shall be reduced by the sum of the 26 credit s allO\,ved under sub section (a) to the taxpa yer DvVELLI NG TAKEN I NTO ACCOUNT oHR 6 EH AMERICA!\ pVERSIGHT 677 CEQ050 FY18091_000000439 CEQ-18-0173-C-000715 676 1 with respect to th e dwelling unit for all prior taxabl e 2 year s. 3 "(c) Q UALIFIED E NERGY EFFI CIENC'Y lMPROVE- 4 MENTS.- F or purpo ses of thi s section, th e term 'qualified 5 energy efficiency improvement s' means any energy effi6 cient bt1ildjng envelope component which meet s th e pr e7 scriptiv e crit eria for such component established by the 8 2000 Int ernati onal En ergy Conservation Code, as such 9 Code (includin g supplement s) is in effect on t he dat e of 10 th e ena ct ment of th e Enhan ced En ergy Infra stru ctur e and 11 ,.r eclu1ology ,.ra x Act of 200 5 (or, in th e case of a metal 12 roof with appr opriat e pigment ed coatin gs which meet the 13 En ergy Star pro gTarn requir ement s), if14 "(1) such component is insta11ed m or on a 15 dwelJing unit locat ed in th e U nited States and 16 owned and u sed by the ta:>.. 1)ayer as the tmq)ayer ' s 17 prin cipal residence (,;i. rithin the meamn g of section 18 121) , 19 20 " (2) the original use of such compon ent commcnccs with th e taxpayer , and 21 22 " (3) such component reasonably can be expected to renrnin in u se for at least 5 years. 23 If the aggTegat e cost of such components ,;i.rithrespect to 24 any dvirelling unit exceeds $1,000 , such component s sha11 25 be tr eat ed as qualified energy efficiency impr ovement s oHR 6 EH AMERICA!\ pVERSIGHT 678 CEQ050FY18091 _000000439 CEQ-18-0173-C-000716 676 1 with respect to th e dwelling unit for all prior taxabl e 2 year s. 3 "(c) Q UALIFIED E NERGY EFFI CIENC'Y lMPROVE- 4 MENTS.- F or purpo ses of thi s section, th e term 'qualified 5 energy efficiency improvement s' means any energy effi6 cient bt1ildjng envelope component which meet s th e pr e7 scriptiv e crit eria for such component established by the 8 2000 Int ernati onal En ergy Conservation Code, as such 9 Code (includin g supplement s) is in effect on t he dat e of 10 th e ena ct ment of th e Enhan ced En ergy Infra stru ctur e and 11 ,.r eclu1ology ,.ra x Act of 200 5 (or, in th e case of a metal 12 roof with appr opriat e pigment ed coatin gs which meet the 13 En ergy Star pro gTarn requir ement s), if14 "(1) such component is insta11ed m or on a 15 dwelJing unit locat ed in th e U nited States and 16 owned and u sed by the ta:>.. 1)ayer as the tmq)ayer ' s 17 prin cipal residence (,;i. rithin the meamn g of section 18 121) , 19 20 " (2) the original use of such compon ent commcnccs with th e taxpayer , and 21 22 " (3) such component reasonably can be expected to renrnin in u se for at least 5 years. 23 If the aggTegat e cost of such components ,;i.rithrespect to 24 any dvirelling unit exceeds $1,000 , such component s sha11 25 be tr eat ed as qualified energy efficiency impr ovement s oHR 6 EH AMERICA!\ pVERSIGHT 678 CEQ050FY18091 _000000439 CEQ-18-0173-C-000716 677 1 only if such components are also certjfied in accordance 2 ' "~th subsection (d) as meeting such pr escriptive crit eria. 3 "( d) CER'rIFICAT ION.- The certificat ion described in 4 subsection (c) shall be- 5 ('( l ) deter mined on the basis of the technical 6 specification s or applicable ratings (inclucting prod- 7 net labeling r equir ements) for the measurement of 8 energy efficiency (based upon energy u se or building 9 envelope component performan ce) for th e energy ef- 10 ficient building envelope component , 11 "(2) provided by a local building regulator y au- 12 thorit y, a util ity, a rnanufactm:ed home produ ction 13 inspection primar y inspection agency (IPIA), or an 14 accredit ed home energy ratin g system provider who 15 is accredited by or otherwise authorized to use ap- 16 proved energy performance measm?ement method s by 17 the 18 (RESNET) , and Residential Energy Services Network 19 "(3) mad e in writing in a mam1cr which speci- 20 fies in readily verifiable fas hion the ene1?gy efficient 21 building envelope component s instalJcd and their re- 22 spective energy efficiency levels. 23 "(e) D EP 1NI'l'IONS AND S P]!}CIJ\ I 1 RULES.-For pur- 24 poses of thi s section- oHR 6 EH AMERICA!\ pVERSIGHT 679 CEQ050FY18091 _000000439 CEQ-18-0173-C-000717 677 1 only if such components are also certjfied in accordance 2 ' "~th subsection (d) as meeting such pr escriptive crit eria. 3 "( d) CER'rIFICAT ION.- The certificat ion described in 4 subsection (c) shall be- 5 ('( l ) deter mined on the basis of the technical 6 specification s or applicable ratings (inclucting prod- 7 net labeling r equir ements) for the measurement of 8 energy efficiency (based upon energy u se or building 9 envelope component performan ce) for th e energy ef- 10 ficient building envelope component , 11 "(2) provided by a local building regulator y au- 12 thorit y, a util ity, a rnanufactm:ed home produ ction 13 inspection primar y inspection agency (IPIA), or an 14 accredit ed home energy ratin g system provider who 15 is accredited by or otherwise authorized to use ap- 16 proved energy performance measm?ement method s by 17 the 18 (RESNET) , and Residential Energy Services Network 19 "(3) mad e in writing in a mam1cr which speci- 20 fies in readily verifiable fas hion the ene1?gy efficient 21 building envelope component s instalJcd and their re- 22 spective energy efficiency levels. 23 "(e) D EP 1NI'l'IONS AND S P]!}CIJ\ I 1 RULES.-For pur- 24 poses of thi s section- oHR 6 EH AMERICA!\ pVERSIGHT 679 CEQ050FY18091 _000000439 CEQ-18-0173-C-000717 678 1 2 "( ] ) Bu rLiDING ENV l~LOPE CO.MPONENT.-Th e term 'buildin g envelope compon ent' means- 3 "(A) any insulation material or system 4 ?which is specifically and primarily designed to 5 reduce the heat loss or gain of a chvelling unit 6 when installed in or on such dwernng wtit , 7 "(B) exter ior ?windows (including sky- lights) , 8 9 "(C) exterior doors, and 10 "(D) any metal roof installed on a dwelling 11 unit , but only if such roof ha s appropriate pig- 12 mented coatin gs ?which ar e specifically and pri- 13 rnarily desig11ed to reduce the heat gain of such 14 dwelhng unit. 15 "(2) 1\/V...1'-JUl i'.AC'I'URED HO.i\lES INCLUDED.- Th e 16 ter m 'dwelling unit' includes a manufactured home 17 which conforms to Federa l lV[anufactur ed Hom e 18 Construction and Safety Standa rd s (section 3280 of 19 titl e 24, Code of F ederal Rcg1. tlation s). 20 "(3) APPLICATION OF RULES.-Rul cs siniilar to 21 th e rul es und er paragraph s (3), (4), and (5) of sec- 22 tion 25C( d) shall app ly. 23 "(f) BA SIS J\DJUS'l'i\mNT.-For purpo ses of this sub- 24 titl e, if a credit is allowed und er this section for any ex25 penclihu?c with respect to any pr opert y, the increase in the oHR 6 EH AMERICA!\ pVERSIGHT 680 CEQ050FY18091 _000000439 CEQ-18-0173-C-000718 678 1 2 "( ] ) Bu rLiDING ENV l~LOPE CO.MPONENT.-Th e term 'buildin g envelope compon ent' means- 3 "(A) any insulation material or system 4 ?which is specifically and primarily designed to 5 reduce the heat loss or gain of a chvelling unit 6 when installed in or on such dwernng wtit , 7 "(B) exter ior ?windows (including sky- lights) , 8 9 "(C) exterior doors, and 10 "(D) any metal roof installed on a dwelling 11 unit , but only if such roof ha s appropriate pig- 12 mented coatin gs ?which ar e specifically and pri- 13 rnarily desig11ed to reduce the heat gain of such 14 dwelhng unit. 15 "(2) 1\/V...1'-JUl i'.AC'I'URED HO.i\lES INCLUDED.- Th e 16 ter m 'dwelling unit' includes a manufactured home 17 which conforms to Federa l lV[anufactur ed Hom e 18 Construction and Safety Standa rd s (section 3280 of 19 titl e 24, Code of F ederal Rcg1. tlation s). 20 "(3) APPLICATION OF RULES.-Rul cs siniilar to 21 th e rul es und er paragraph s (3), (4), and (5) of sec- 22 tion 25C( d) shall app ly. 23 "(f) BA SIS J\DJUS'l'i\mNT.-For purpo ses of this sub- 24 titl e, if a credit is allowed und er this section for any ex25 penclihu?c with respect to any pr opert y, the incr ease in the oHR 6 EH AMERICA!\ pVERSIGHT 680 CEQ050FY18091 _000000439 CEQ-18-0173-C-000718 679 1 basis of such prop erty which vvouJd (but for thi s sub- 2 section) resuJt from such e}._ rpenditur e shall be reduced by 3 th e amount of the credit so allowed. 4 "(g) APPLICA'l'IONOF SECTION.- This section shall 5 apply to qualified energy efficiency improvements installed 6 aft er the dat e of th e ena ctm ent of th e Enhanc ed En ergy 7 Infra stru ctw' e and 1~echnology Tax Act of 2005, and be8 fore January 1, 2008. " . 9 (b) CONFORMINGAMENDl\lENTS. - 10 (1) Subsection (a) of section 1016 , as amended 11 by section 1316 of this title, is amended by striking 12 "a nd" at th e end of paragrap h (32), by strikin g th e 13 period at th e end of para graph (33) and insertin g ", 14 and", and by adding at the end th e following new 15 paragraph: 16 "(34) to th e extent prmricled in section 25D(f) , 17 in th e case of amount s v.rith respect to which a credit 18 has been allowed und er section 25D ." . 19 (2) rn w tab le of sections for subp art A of part 20 IV of subchaptcr A of chapt er 1, as amended by sec- 21 tion 1311 , is amended by insertin g after th e item re- 22 lat ing to section 25C the foll0vvjugnevvitem: "Sec . 25D . En ergy efficiency impr ovement::; to exist ing homes." . 23 (c) El "FEC'l'lVE DA'L'E.-'l1he amendment s made by 24 this section shall apply t o improvement s installed aft er the oHR 6 EH AMERICA!\ pVERSIGHT 681 CEQ050FY18091 _000000439 CEQ-18-0173-C-000719 679 1 basis of such prop erty which vvouJd (but for thi s sub- 2 section) resuJt from such e}._ rpenditur e shall be reduced by 3 th e amount of the credit so allowed. 4 "(g) APPLICA'l'IONOF SECTION.- This section shall 5 apply to qualified energy efficiency improvements installed 6 aft er the dat e of th e ena ctm ent of th e Enhanc ed En ergy 7 Infra stru ctw' e and 1~echnology Tax Act of 2005, and be8 fore January 1, 2008. " . 9 (b) CONFORMINGAMENDl\lENTS. - 10 (1) Subsection (a) of section 1016 , as amended 11 by section 1316 of this title, is amended by striking 12 "a nd" at th e end of paragrap h (32), by strikin g th e 13 period at th e end of para graph (33) and insertin g ", 14 and", and by adding at the end th e following new 15 paragraph: 16 "(34) to th e extent prmricled in section 25D(f) , 17 in th e case of amount s v.rith respect to which a credit 18 has been allowed und er section 25D ." . 19 (2) rn w tab le of sections for subp art A of part 20 IV of subchaptcr A of chapt er 1, as amended by sec- 21 tion 1311 , is amended by insertin g after th e item re- 22 lat ing to section 25C the foll0vvjugnevvitem: "Sec . 25D . En ergy efficiency impr ovement::; to exist ing homes." . 23 (c) El "FEC'l'lVE DA'L'E.-'l1he amendment s made by 24 this section shall apply t o improvement s installed aft er the oHR 6 EH AMERICA!\ pVERSIGHT 681 CEQ050FY18091 _000000439 CEQ-18-0173-C-000719 680 1 dat e of th e enactment of th is Act in tax.able years ending 2 aft er such date. 3 4 5 Subtitle C-Alternative Tax Relief SEC. 1321. NEW NONREFUNDABLE 6 LOWED AGAINST 7 TAXES. 8 Minimum PERSONAL CREDITS AL- REGULAR AND MINIMUM (a) IN Gr~NJERAL.- 9 (1) SEC TIO N 25C.- Scction 25C(b), as added by 10 section 1311 of this tit le, is amended by adding at 11 the end the foll0vving new para graph: 12 "(3) Ll l\ll'l' AT ION BASED ON AMOUN T OF' 13 TAX.-T he credit aJ10vvedunder subsection (a) for 14 the taxabl e year shall not exceed th e excess of- 15 "(1~) the sum of th e regular tax Jjability 16 (as defined in section 26(b)) plus th e tax im- 17 posed by section 55, over 18 "( B) th e sum of the credit s allowable 19 und er thi s subpart (other than this section) and 20 section 27 for t he taxab le year. " . 21 (2) SrnCTlON 25D.- Section 25D(b), as added 22 by section 1317 of this titl e, is amended by add ing 23 at the end the follm.1;ring new para graph.: oHR 6 EH AMERICA!\ pVERSIGHT 682 CEQ050FY18091 _000000439 CEQ-18-0173-C-000720 680 1 dat e of th e enactment of th is Act in tax.able years ending 2 aft er such date. 3 4 5 Subtitle C-Alternative Tax Relief SEC. 1321. NEW NONREFUNDABLE 6 LOWED AGAINST 7 TAXES. 8 Minimum PERSONAL CREDITS AL- REGULAR AND MINIMUM (a) IN Gr~NJERAL.- 9 (1) SEC TIO N 25C.- Scction 25C(b), as added by 10 section 1311 of this tit le, is amended by adding at 11 the end the foll0vving new para graph: 12 "(3) Ll l\ll'l' AT ION BASED ON AMOUN T OF' 13 TAX.-T he credit aJ10vvedu nder subsection (a) for 14 the taxabl e year shall not exceed th e excess of- 15 "(1~) the sum of th e regular tax Jjability 16 (as defined in section 26(b)) plus th e tax im- 17 posed by section 55, over 18 "( B) th e sum of the credit s allowable 19 und er thi s subpart (other than this section) and 20 section 27 for t he taxab le year. " . 21 (2) SrnCTlON 25D.- Section 25D(b), as added 22 by section 1317 of this titl e, is amended by add ing 23 at the end the follm.1;ring new para graph.: oHR 6 EH AMERICA!\ pVERSIGHT 682 CEQ050FY18091 _000000439 CEQ-18-0173-C-000720 681 "(3) 1 LIMITATIO N BAS E}D ON AMOUNT OF' 2 'l'A.., -X.-rrhe credit allowed und er sub section (a) for 3 the ta,_ -xable year shall not exceed th e excess of- 4 "(A) the sum of the regu lar tax liability 5 (as defined in section 26 (b)) plu s the t ax im- 6 posed by section 5 5, over 7 "(B) the sum of th e cr edit s allowable 8 under thi s subpart (other than thi s section) and 9 sect ion 27 for the taxab le year. " . 10 (b) CONFORMING 11 12 "a nd section s 25C and 25D " after " thi s section ". (2 ) Section 24(b)(3)(B) is amended by strikin g ''a nd 25B " and insertin g ' ', 25B, 25C , and 25D". 15 16 - (1) Section 23(b)( 4) (B) is amended by inserting 13 14 A .MENDMENTS. (3) Section 25(e)( l)( C) is amended by insertin g "25C, and 25D" after ''25B," . 17 (4) Section 25B(g)(2) is a mended by strikin g 18 ''sect ion 23" and inserting "sect ions 23, 25C, and 19 25D" . 20 21 (5) Section 26(a)(l) "a nd 25B" and insertin g "25 B, 25C, and 25D". 22 23 (6) Section 904(i) is amendecl by strikin g "a nd 25B" and inserting "25 B, 25C, and 25D". 24 25 is amended by strikin g (7) Section 1400 C(d) is amended by stril{ing "a nd 25B" and inser ting "25 B , 25C, and 25D" . oHR 6 EH AMERICA!\ pVERSIGHT 683 CEQ050FY18091 _000000439 CEQ-18-0173-C-000721 681 "(3) 1 LIMITATIO N BAS E}D ON AMOUNT OF' 2 'l'A.., -X.-rrhe credit allowed und er sub section (a) for 3 the ta,_ -xable year shall not exceed th e excess of- 4 "(A) the sum of the regu lar tax liability 5 (as defined in section 26 (b)) plu s the t ax im- 6 posed by section 5 5, over 7 "(B) the sum of th e cr edit s allowable 8 under thi s subpart (other than thi s section) and 9 sect ion 27 for the taxab le year. " . 10 (b) CONFORMING 11 12 "a nd section s 25C and 25D " after " thi s section ". (2 ) Section 24(b)(3)(B) is amended by strikin g ''a nd 25B " and insertin g ' ', 25B, 25C , and 25D". 15 16 - (1) Section 23(b)( 4) (B) is amended by inserting 13 14 A .MENDMENTS. (3) Section 25(e)( l)( C) is amended by insertin g "25C, and 25D" after ''25B," . 17 (4) Section 25B(g)(2) is a mended by strikin g 18 ''sect ion 23" and inserting "sect ions 23, 25C, and 19 25D" . 20 21 (5) Section 26(a)(l) "a nd 25B" and insertin g "25 B, 25C, and 25D". 22 23 (6) Section 904(i) is amendecl by strikin g "a nd 25B" and inserting "25 B, 25C, and 25D". 24 25 is amended by strikin g (7) Section 1400 C(d) is amended by stril{ing "a nd 25B" and inser ting "25 B , 25C, and 25D" . oHR 6 EH AMERICA!\ pVERSIGHT 683 CEQ050FY18091 _000000439 CEQ-18-0173-C-000721 682 1 (c) E Fl o'BCTI VB DATE.-Th e amendm ent s made by 2 thi s section shall apply to taxable years beginning after 3 D ecember 31, 2005. 4 SEC. 1322. CERTAIN BUSINESS ENERGY CREDITS ALLOWED 5 6 AGAINST REGULAR AND MINIMUM TAXES. (a) IN GENERAL.-Subpa ragrap h (B) of sect ion 7 38(c)( 4) (relating to specified credits) is amended by re8 desig11c1tingclause (ii) as clause (iv) and by strikin g claus e 9 (i) and insert ing the following nevvclauses : 10 "( i) th e credits determin ed un der sec- tions 40, 45H , and 451, 11 12 "( ii) so much of the credit determined 13 und er section 46 as is attr ibut able to sec- 14 tion 48(a)(3)(A)(ii i), 15 "( iij) for taxab le year s beginnjng aft er 16 D ecember 31, 200 5, and before Janu ary 1, 17 200 8, th e credit determined under section 18 43, and" . 19 (b) EFFE CTIVEDATES.- 20 (1) I N GENERAL .- E xcept as provided by para- 21 graph (2), the amendme nt made by subsection (a) 22 shall apply to credits determin ed un der th e Int ernal 23 Revenue Code of 1986 for taxab le years beginnin g 24 afte r December 31, 200 5. oHR 6 EH AMERICA!\ pVERSIGHT 684 CEQ050 FY18091_000000439 CEQ-18-0173-C-000722 682 1 (c) E Fl o'BCTI VB DATE.-Th e amendm ent s made by 2 thi s section shall apply to taxable years beginning after 3 D ecember 31, 2005. 4 SEC. 1322. CERTAIN BUSINESS ENERGY CREDITS ALLOWED 5 6 AGAINST REGULAR AND MINIMUM TAXES. (a) IN GENERAL.-Subpa ragrap h (B) of sect ion 7 38(c)( 4) (relating to specified credits) is amended by re8 desig11c1tingclause (ii) as clause (iv) and by strikin g claus e 9 (i) and insert ing the following nevvclauses : 10 "( i) th e credits determin ed un der sec- tions 40, 45H , and 451, 11 12 "( ii) so much of the credit determined 13 und er section 46 as is attr ibut able to sec- 14 tion 48(a)(3)(A)(ii i), 15 "( iij) for taxab le year s beginnjng aft er 16 D ecember 31, 200 5, and before Janu ary 1, 17 200 8, th e credit determined under section 18 43, and" . 19 (b) EFFE CTIVEDATES.- 20 (1) I N GENERAL .- E xcept as provided by para- 21 graph (2), the amendme nt made by subsection (a) 22 shall apply to credits determin ed un der th e Int ernal 23 Revenue Code of 1986 for taxab le years beginnin g 24 afte r December 31, 200 5. oHR 6 EH AMERICA!\ pVERSIGHT 684 CEQ050 FY18091_000000439 CEQ-18-0173-C-000722 683 (2) 1 F urnL, CBT,rJs.-C lause (ii) of section 2 38(c)( 4)(B) of th e Int ernal Revenue Code of 1986, 3 as amended by subsection (a) of thi s section , shall 4 apply to credit s determined under t he Int ernal Rcv- 5 cnue Code of 1986 for taxab le year s ending aft er 6 ApriJ 11, 2005. 7 8 9 TITLE XIV-MISCELLANEOUS Subtitle C-Other Provisions SEC. 1441. CONTINUATION OF TRANSMISSION 10 11 SECURITY ORDER. Department of En ergy Ord er No. 202-0 3- 2, issued 12 by the Secretary of E11ergy on August 28, 2003, shall re13 main in effect unJess rescinded by F ederal statut e. 14 SEC. 1442. REVIEW OF AGENCY DETERMINATIONS . 15 Section 7 of th e Natural Gas Act (15 U.S.C. 717f ) 16 is amended by adding at th e end the follmving: 17 '((i)(l) ''?1 1e United States Court of Appeals for the 18 District of Columbia Circuit shall have original and excJu19 sive ju risdiction over any civil action20 "(A) for review of any order or action of any 21 F ederal or State administrativ e agency or officer to 22 issue, condition, or deny any permit , license, concur - 23 rence, or approval issued und er autho rity of any 24 Federal law, other th an the Coast al Zone 1\i.Ianage- 25 ment Act of 1972 (16 U.S.C. 1451 ct seq.), required oHR 6 EH AMERICA!\ pVERSIGHT 685 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000723 683 (2) 1 F urnL, CBT,rJs.-C lause (ii) of section 2 38(c)( 4)(B) of th e Int ernal Revenue Code of 1986, 3 as amended by subsection (a) of thi s section , shall 4 apply to credit s determined under t he Int ernal Rcv- 5 cnue Code of 1986 for taxab le year s ending aft er 6 ApriJ 11, 2005. 7 8 9 TITLE XIV-MISCELLANEOUS Subtitle C-Other Provisions SEC. 1441. CONTINUATION OF TRANSMISSION 10 11 SECURITY ORDER. Department of En ergy Ord er No. 202-0 3- 2, issued 12 by the Secretary of E11ergy on August 28, 2003, shall re13 main in effect unJess rescinded by F ederal statut e. 14 SEC. 1442. REVIEW OF AGENCY DETERMINATIONS . 15 Section 7 of th e Natural Gas Act (15 U.S.C. 717f ) 16 is amended by adding at th e end the follmving: 17 '((i)(l) ''?1 1e United States Court of Appeals for the 18 District of Columbia Circuit shall have original and excJu19 sive ju risdiction over any civil action20 "(A) for review of any order or action of any 21 F ederal or State administrativ e agency or officer to 22 issue, condition, or deny any permit , license, concur - 23 rence, or approval issued und er autho rity of any 24 Federal law, other th an the Coast al Zone 1\i.Ianage- 25 ment Act of 1972 (16 U.S.C. 1451 ct seq.), required oHR 6 EH AMERICA!\ pVERSIGHT 685 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000723 684 1 for th e constru ction of a naturaJ gas pip eline for 2 which a certifi cat e of publi c convenience and neces- 3 sity is issu ed by th e Commi ssion und er thi s section ; 4 " (B) alleging unr easonable delay by any F ed- 5 eral or Stat e admini strati ve agency or officer in en- 6 terin g an order or takin g oth er action described in 7 subpara gr aph (A); or 8 9 10 " (C) chall enging any decision made or action tak en m1der thi s subs ection . "( 2)(A) If th e Court finds that th e order , action , or 11 failur e to act is not consist ent ?with th e publi c convenience 12 and necessity (as determin ed by th e Commission und er 13 thi s section) , or would pr event the construction and oper14 ation of natural gas faciliti es authori zed by th e certifi cat e 15 of publi c convenience and necessity, th e permit , license, 16 concurr ence, or approval that is th e subj ect of the order , 17 action , or failur e to act sha ll be deemed to have been 18 issued subject to any conditi ons set forth in th e reviewed 19 ord er or action tha t the Com?t find s to be consistent with 20 th e publi c convenience and necessity. 21 " (B) For purp oses of par agTaph (l)(B ), the failur e 22 of an agency or officer to issue any such permit , license, 23 concurr ence, or appr oval ?within the late r of 1 year aft er 24 th e dat e of filing of an appli cati on for th e p ermit , licen se, 25 concurr ence, or appr oval or 60 days aft er the da te of oHR 6 EH AMERICA!\ pVERSIGHT 686 CEQ050FY18091 _000000439 CEQ-18-0173-C-000724 684 1 for th e constru ction of a naturaJ gas pip eline for 2 which a certifi cat e of publi c convenience and neces- 3 sity is issu ed by th e Commi ssion und er thi s section ; 4 " (B) alleging unr easonable delay by any F ed- 5 eral or Stat e admini strati ve agency or officer in en- 6 terin g an order or takin g oth er action described in 7 subpara gr aph (A); or 8 9 10 " (C) chall enging any decision made or action tak en m1der thi s subs ection . "( 2)(A) If th e Court finds that th e order , action , or 11 failur e to act is not consist ent ?with th e publi c convenience 12 and necessity (as determin ed by th e Commission und er 13 thi s section) , or would pr event the construction and oper14 ation of natural gas faciliti es authori zed by th e certifi cat e 15 of publi c convenience and necessity, th e permit , license, 16 concurr ence, or approval that is th e subj ect of the order , 17 action , or failur e to act sha ll be deemed to have been 18 issued subject to any conditi ons set forth in th e reviewed 19 ord er or action tha t the Com?t find s to be consistent with 20 th e publi c convenience and necessity. 21 " (B) For purp oses of par agTaph (l)(B ), the failur e 22 of an agency or officer to issue any such permit , license, 23 concurr ence, or appr oval ?within the late r of 1 year aft er 24 th e dat e of filing of an appli cati on for th e p ermit , licen se, 25 concurr ence, or appr oval or 60 days aft er the da te of oHR 6 EH AMERICA!\ pVERSIGHT 686 CEQ050FY18091 _000000439 CEQ-18-0173-C-000724 685 1 issuan ce of th e certificat e of public convenience and neces- 2 sity und er thi s section, shall be con sidered to be unr eason3 able delay unle ss th e Court , for good cau se shown , det er4 mines otherwise . 5 " (C) ~rhe Court shall set any action br ou ght und er 6 paragraph (1) for CA 'l)edit ed considerat ion." . 7 SEC. 1443. ATTAINMENT DATES FOR DOWNWIND OZONE 8 9 NONATTAINMENT AREAS. Section 181 of th e Clean Air Act (42 U .S.C.7511) 10 is amended by addi ng th e following new sub section at the 11 encl th ereof: 12 "( d) E XTENDED A'J'' l'AINMgN'l' D ATE FOR CgR' l'AIN 13 Dow r-.f\? IND AREAS .14 15 "( ] ) DRii'INITIONS.- (A) Th e ter m 'upwind area' means an area tha t- 16 "( i) significantly contribut es to nonattain- 17 mcnt in anoth er area, hereina fter referr ed to as 18 a 'downwind area'; and 19 "(ii) is eith er- 20 "( I ) a nonat ta inment area ?with a later 21 attainme nt dat e than the dowm~~nd area, 22 or 23 '' (II) an area in anoth er State that 24 th e Admini st rator has found to be signifi- 25 cantly contributi ng to nonatta irnncnt in oHR 6 EH AMERICA!\ pVERSIGHT 687 CEQ050 FY18091_000000439 CEQ-18-0173-C-000725 685 1 issuan ce of th e certificat e of public convenience and neces- 2 sity und er thi s section, shall be con sidered to be unr eason3 able delay unle ss th e Court , for good cau se shown , det er4 mines otherwise . 5 " (C) ~rhe Court shall set any action br ou ght und er 6 paragraph (1) for CA 'l)edit ed considerat ion." . 7 SEC. 1443. ATTAINMENT DATES FOR DOWNWIND OZONE 8 9 NONATTAINMENT AREAS. Section 181 of th e Clean Air Act (42 U .S.C.7511) 10 is amended by addi ng th e following new sub section at the 11 encl th ereof: 12 "( d) E XTENDED A'J'' l'AINMgN'l' D ATE FOR CgR' l'AIN 13 Dow r-.f\? IND AREAS .14 15 "( ] ) DRii'INITIONS.- (A) Th e ter m 'upwind area' means an area tha t- 16 "( i) significantly contribut es to nonattain- 17 mcnt in anoth er area, hereina fter referr ed to as 18 a 'downwind area'; and 19 "(ii) is eith er- 20 "( I ) a nonat ta inment area ?with a later 21 attainme nt dat e than the dowm~~nd area, 22 or 23 '' (II) an area in anoth er State that 24 th e Admini st rator has found to be signifi- 25 cantly contributi ng to nonatta irnncnt in oHR 6 EH AMERICA!\ pVERSIGHT 687 CEQ050 FY18091_000000439 CEQ-18-0173-C-000725 686 1 th e dm;vmvind area 1n violation of section 2 110 (a)(2)(D) 3 trator 4 through notice and comment r ulemaking to 5 eliminat e the emissions causing such sig- 6 nifi cant contribution. 7 "(B) rrhe ter m 'current ha s and for v,rhi ch the Adm inisesta blishe d requir ement s classifica tion ' mean s 8 th e classification of a dmvnwind ar ea und er thi s sec- 9 tion at th e tim e of th e detel'Inination und er para- 10 graph (2) . "(2) E XTE NSION .- If the Admi ni st ra tor - 11 12 "(A ) determin es that any area is a dov,rn- 13 vvind area with respec t to a parti cular national 14 ambient air quality sta nd ard for ozone; and 15 "(B) approves a plan re,risi.on for such 16 area as pr ovided in paragr aph (3) pri or to a re- 17 class ification und er sub sect ion (b)(2)(A), 18 the Adm inist ra tor, in lieu of such r eclassification , 19 shall extend the attai nm ent dat e for such dovvnv1rind 20 area for such sta nd ard in accordan ce with parag r aph 21 (5). "(3) REQL umn APPROV 1V J.-In 22 order to e.>..1,e nd 23 the atta inm ent dat e for a dowm:\rind area und er thi s 24 sub section , th e Administrator must app r ove a revi- oHR 6 EH AMERICA!\ pVERSIGHT 688 CEQ050FY18091 _000000439 CEQ-18-0173-C-000726 686 1 th e dm;vmvind area 1n violation of section 2 110 (a)(2)(D) 3 trator 4 through notice and comment r ulemaking to 5 eliminat e the emissions causing such sig- 6 nifi cant contribution. 7 "(B) rrhe ter m 'current ha s and for v,rhi ch the Adm inisesta blishe d requir ement s classifica tion ' mean s 8 th e classification of a dmvnwind ar ea und er thi s sec- 9 tion at th e tim e of th e detel'Inination und er para- 10 graph (2) . "(2) E XTE NSION .- If the Admi ni st ra tor - 11 12 "(A ) determin es that any area is a dov,rn- 13 vvind area with respec t to a parti cular national 14 ambient air quality sta nd ard for ozone; and 15 "(B) approves a plan re,risi.on for such 16 area as pr ovided in paragr aph (3) pri or to a re- 17 class ification und er sub sect ion (b)(2)(A), 18 the Adm inist ra tor, in lieu of such r eclassification , 19 shall extend the attai nm ent dat e for such dovvnv1rind 20 area for such sta nd ard in accordan ce with parag r aph 21 (5). "(3) REQL umn APPROV 1V J.-In 22 order to e.>..1,e nd 23 the atta inm ent dat e for a dowm:\rind area und er thi s 24 sub section , th e Administrator must app r ove a revi- oHR 6 EH AMERICA!\ pVERSIGHT 688 CEQ050FY18091 _000000439 CEQ-18-0173-C-000726 687 1 s1011 of th e applicable implementation plan for the 2 downwind area for such standard that- 3 "(A) complies with all requirements of this 4 Act applicable under th e curr ent classification 5 of the downwind area, including any reqmr e- 6 ment s applicable to th e area und er section 7 172(c) for such stand ard; and "(B) 8 includes any additiona l measures 9 needed to demonstrat e attainm ent by th e ex- 10 tended attainm ent date provid ed und er this 11 subsect ion. 12 "(4) PRIOR I:U~CLASSJF'IC.i\TI ON DE'l'ERM J NA- 13 'L'ION.-If 14 mad e a rec]assificafaon dete rmination und er sub- 15 section (lJ)(2)(A) for any downwind area, and the 16 Ad minist rator appr oves the plan revision referred to 17 in paragTaph (3) for such area, the reclassificat ion 18 shall be withdrawn and the attainment 19 tended in accordance with para grap h (5) upo n su ch 20 appr oval. Th e Administrator 21 reclassification 22 (b)(2)(A) mad e aft er th e dat e of ena ctm ent of this 23 subsection and extend the atta inment date in ac- 24 cordan ce with para graph (5) if th e Administrator 25 approv es the plan revision referred to in paragraph , after April 1, 2003, th e Admirustrator elate cx- shall also withdraw a determination under sub section oHR 6 EH AMERICA!\ pVERSIGHT 689 CEQ050FY18091 _000000439 CEQ-18-0173-C-000727 687 1 s1011 of th e applicable implementation plan for the 2 downwind area for such standard that- 3 "(A) complies with all requirements of this 4 Act applicable under th e curr ent classification 5 of the downwind area, including any reqmr e- 6 ment s applicable to th e area und er section 7 172(c) for such stand ard; and "(B) 8 includes any additiona l measures 9 needed to demonstrat e attainm ent by th e ex- 10 tended attainm ent date provid ed und er this 11 subsect ion. 12 "(4) PRIOR I:U~CLASSJF'IC.i\TI ON DE'l'ERM J NA- 13 'L'ION.-If 14 mad e a rec]assificafaon dete rmination und er sub- 15 section (lJ)(2)(A) for any downwind area, and the 16 Ad minist rator appr oves the plan revision referred to 17 in paragTaph (3) for such area, the reclassificat ion 18 shall be withdrawn and the attainment 19 tended in accordance with para grap h (5) upo n su ch 20 appr oval. Th e Administrator 21 reclassification 22 (b)(2)(A) mad e aft er th e dat e of ena ctm ent of this 23 subsection and extend the atta inment date in ac- 24 cordan ce with para graph (5) if th e Administrator 25 approv es the plan revision referred to in paragraph , after April 1, 2003, th e Admirustrator elate cx- shall also withdraw a determination under sub section oHR 6 EH AMERICA!\ pVERSIGHT 689 CEQ050FY18091 _000000439 CEQ-18-0173-C-000727 688 1 (3) ?within 12 months of th e date th e reclassification 2 determination und er subsection (b)(2) (A) is issued. 3 In such inst ances the 'curr ent classification ' used for 4 evaluatin g th e r evision of th e applicable implcment a- 5 tion plan nud er par agraph (3) shall be th e classifica- 6 tion of the downwind ar ea under th is section imme- 7 diately prior to such reclassificat ion. 8 " (5) E X' l'EN DED D.ATE .-Th e attainm ent dat e 9 ext ended under thi s subsection shall pr ovide for at - 10 tainm ent of such nationa l ambient air qua lity st and - 11 ard for ozone in th e dowrrwind ar ea as cxpcditious]y 12 as pr acticable but no later th an th e date on which 13 th e last reduction s in pollution tran sport necessary 14 for attainm ent in the dov,m," rin d ar ea arc required to 15 be achieved by the upwind ar ea or ar eas ." . 16 SEC. 1444. ENERGY PROD UCTION INCENTIVES. 17 (a) IN G g NERAL .- A State may pr ovide to any 18 cntit y19 20 (1) a credit against any tax or fee ov,1cd to the State trnder a Stat e Jaw, or 21 (2) any other ta.-xincentive, 22 determined by th e St ate to be appr opri ate, in the amount 23 calcu.lated und er and in accorchmce v\rith a formul a deter24 nlin ed by th e State, for production described in subsection oHR 6 EH AMERICA!\ pVERSIGHT 690 CEQ050 FY18091_000000439 CEQ-18-0173-C-000728 688 1 (3) ?within 12 months of th e date th e reclassification 2 determination und er subsection (b)(2) (A) is issued. 3 In such inst ances the 'curr ent classification ' used for 4 evaluatin g th e r evision of th e applicable implcment a- 5 tion plan nud er par agraph (3) shall be th e classifica- 6 tion of the downwind ar ea under th is section imme- 7 diately prior to such reclassificat ion. 8 " (5) E X' l'EN DED D.ATE .-Th e attainm ent dat e 9 ext ended under thi s subsection shall pr ovide for at - 10 tainm ent of such nationa l ambient air qua lity st and - 11 ard for ozone in th e dowrrwind ar ea as cxpcditious]y 12 as pr acticable but no later th an th e date on which 13 th e last reduction s in pollution tran sport necessary 14 for attainm ent in the dov,m," rin d ar ea arc required to 15 be achieved by the upwind ar ea or ar eas ." . 16 SEC. 1444. ENERGY PROD UCTION INCENTIVES. 17 (a) IN G g NERAL .- A State may pr ovide to any 18 cntit y19 20 (1) a credit against any tax or fee ov,1cd to the State trnder a Stat e Jaw, or 21 (2) any other ta.-xincentive, 22 determined by th e St ate to be appr opri ate, in the amount 23 calcu.lated und er and in accorchmce v\rith a formul a deter24 nlin ed by th e State, for production described in subsection oHR 6 EH AMERICA!\ pVERSIGHT 690 CEQ050 FY18091_000000439 CEQ-18-0173-C-000728 689 1 (b) in the Stat e by th e entit y that receives such credit or 2 su ch incenti ve. 3 (b) ELIGIBLE E N'rITIES.- Subsection (a) shall apply 4 with respect to th e produ ction in th e Stat e of5 (1) electri city from coal mined in th e State and 6 used in a facility, if such production meets aU appli- 7 cable F ederal and Stat e laws and if such facility 8 uses scrubb ers or other forms of clean coa] t ech- 9 nology, 10 11 (2) electri city from a renewable source such as wind , solar , or biomass, or 12 13 (3) ethanol. (c) E F lo'EC'l' ON l NTE RS'l'1\'rE C OMi\lER CE.-AJ 1y ac- 14 tion tak en by a Stat e in accordan ce ,~riththi s section with 15 respect t o a ta x or fee payable, or incentive applicable, 16 for any period beginnin g aft er th e dat e of th e ena ctm ent 17 of thi s Act shall18 19 (1) be considered t o be a reasonable regulation of commerce; and 20 (2) not be considered to impose an undu e bur - 21 den on int erstat e commerce or to othervvise irnpair , 22 restrain , or discrim_inate, against int erstate com- 23 merce. oHR 6 EH AMERICA!\ pVERSIGHT 691 CEQ050FY18091 _000000439 CEQ-18-0173-C-000729 689 1 (b) in the Stat e by th e entit y that receives such credit or 2 su ch incenti ve. 3 (b) ELIGIBLE E N'rITIES.- Subsection (a) shall apply 4 with respect to th e produ ction in th e Stat e of5 (1) electri city from coal mined in th e State and 6 used in a facility, if such production meets aU appli- 7 cable F ederal and Stat e laws and if such facility 8 uses scrubb ers or other forms of clean coa] t ech- 9 nology, 10 11 (2) electri city from a renewable source such as wind , solar , or biomass, or 12 13 (3) ethanol. (c) E F lo'EC'l' ON l NTE RS'l'1\'rE C OMi\lER CE.-AJ 1y ac- 14 tion tak en by a Stat e in accordan ce ,~riththi s section with 15 respect t o a ta x or fee payable, or incentive applicable, 16 for any period beginnin g aft er th e dat e of th e ena ctm ent 17 of thi s Act shall18 19 (1) be considered t o be a reasonable regulation of commerce; and 20 (2) not be considered to impose an undu e bur - 21 den on int erstat e commerce or to othervvise irnpair , 22 restrain , or discrim_inate, against int erstate com- 23 merce. oHR 6 EH AMERICA!\ pVERSIGHT 691 CEQ050FY18091 _000000439 CEQ-18-0173-C-000729 690 1 SEC. 1446. REGULATION OF CERTAIN OIL USED 2 3 IN TRANS- FORMERS. Notwith stand ing any other provision of law, or rul e 4 promulgat ed by th e E nviron mentaJ P rotection Agency, 5 veget able oil ma de from soybeans and u sed in electri c 6 tran sformers as thermal insulation shall not be regulat ed 7 as an oil identifi ed under section 2(a)(l )(B) of the Ed ible 8 Oil Regulator y Reform Act (33 U.S.C . 2720(a)(l )(B)). 9 10 SEC. 1447. RISK ASSESSMENTS. Subtitl e B of tit le XXX of the En ergy Pohcy Act of 11 1992 is amended by adding at t he end the following new 12 section : 13 "SEC. 3022 . RISK ASSESSMENT. 14 "F ederal agencies condu ctin g assess ment s of risks to 15 hu man healt h and th e environm ent from energy tech- 16 nology, produ cti on , tran sport , tran smission, distribut ion , 17 storage, use, or conservat ion activities shall use sound and 18 objective scientific pr actices in assess ing such ri sks, shall 19 consider the b est available science (includin g peer reviewed 20 stu dies), and sh all include a descrip tion of the weight of 21 the scientific evidence concerning su ch ri sks." . 22 SEC. 1448. OXYGEN-FUEL . 23 (a) P ROGI{J\ M.- The Secreta ry of En ergy sha ll estab - 24 lish a progTam on o:x?yge n-fuel systems. If feasible, the pr o25 gram shall includ e renovati on of at least one e:>-. i stin g large 26 unit and one existing small unit , and constr uction of one oHR 6 EH AMERICA!\ pVERSIGHT 692 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000730 690 1 SEC. 1446. REGULATION OF CERTAIN OIL USED 2 3 IN TRANS- FORMERS. Notwith stand ing any other provision of law, or rul e 4 promulgat ed by th e E nviron mentaJ P rotection Agency, 5 veget able oil ma de from soybeans and u sed in electri c 6 tran sformers as thermal insulation shall not be regulat ed 7 as an oil identifi ed under section 2(a)(l )(B) of the Ed ible 8 Oil Regulator y Reform Act (33 U.S.C . 2720(a)(l )(B)). 9 10 SEC. 1447. RISK ASSESSMENTS. Subtitl e B of tit le XXX of the En ergy Pohcy Act of 11 1992 is amended by adding at t he end the following new 12 section : 13 "SEC. 3022 . RISK ASSESSMENT. 14 "F ederal agencies condu ctin g assess ment s of risks to 15 hu man healt h and th e environm ent from energy tech- 16 nology, produ cti on , tran sport , tran smission, distribut ion , 17 storage, use, or conservat ion activities shall use sound and 18 objective scientific pr actices in assess ing such ri sks, shall 19 consider the b est available science (includin g peer reviewed 20 stu dies), and sh all include a descrip tion of the weight of 21 the scientific evidence concerning su ch ri sks." . 22 SEC. 1448. OXYGEN-FUEL . 23 (a) P ROGI{J\ M.- The Secreta ry of En ergy sha ll estab - 24 lish a progTam on o:x?yge n-fuel systems. If feasible, the pr o25 gram shall includ e renovati on of at least one e:>-. i stin g large 26 unit and one existing small unit , and constr uction of one oHR 6 EH AMERICA!\ pVERSIGHT 692 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000730 691 1 new large tmit and one new small unit. Cost shar ing shall 2 not be requir ed. 3 (b) AUTIIORIZATIONOF .APPROPRI ATIONS.- Th crc 4 ar c authorized to be appropriated to the Secretary for car5 rying out this section6 (1) $100,000,000 for fiscal year 2006; 7 (2) $100,00 0,000 for fiscal year 2007; and 8 (3) $100,000,000 for fiscal year 2008. 9 (c) DEFINITIONS.-For (! ) the term "lar ge unit " means a unit with a 10 11 purpo ses of this section- generating capacity of 100 1negawatts or more; 12 (2) th e term "m..'Ygen-fue] systems" means sys- 13 tems that utilize fuel efficiency benefits of oil, gas, 14 coal, and biornass combust ion u sing substantia lly 15 pure m.'ygen, ,,~th l1igh fiam.e ten.1peratures and the 16 exclusion of air from the boiler, in industri al or elec- 17 tr ic utilit y steam generating unit s; and (3) the term "small unit " means a unit v,rith a 18 19 20 generatin g capacit y in th e 10- 50 megawatt ran ge. SEC. 1449. PETROCHEMICAL AND OIL REFIN ERY FACILITY 21 22 HEALTH ASSESSMENT. (a) E STJ\BJASHMEN'l'.-1'h e Secretary of En ergy 23 shall condu ct a study of direct and significant health im24 pacts to persons resu lting from living in proximit y to pe25 trochcmica l and oil r efinery facilities. The Secretar y shall oHR 6 EH AMERICA!\ pVERSIGHT 693 CEQ050FY18091 _000000439 CEQ-18-0173-C-000731 691 1 new large tmit and one new small unit. Cost shar ing shall 2 not be requir ed. 3 (b) AUTIIORIZATIONOF .APPROPRI ATIONS.- Th crc 4 ar c authorized to be appropriated to the Secretary for car5 rying out this section6 (1) $100,000,000 for fiscal year 2006; 7 (2) $100,00 0,000 for fiscal year 2007; and 8 (3) $100,000,000 for fiscal year 2008. 9 (c) DEFINITIONS.-For (! ) the term "lar ge unit " means a unit with a 10 11 purpo ses of this section- generating capacity of 100 1negawatts or more; 12 (2) th e term "m..'Ygen-fue] systems" means sys- 13 tems that utilize fuel efficiency benefits of oil, gas, 14 coal, and biornass combust ion u sing substantia lly 15 pure m.'ygen, ,,~th l1igh fiam.e ten.1peratures and the 16 exclusion of air from the boiler, in industri al or elec- 17 tr ic utilit y steam generating unit s; and (3) the term "small unit " means a unit v,rith a 18 19 20 generatin g capacit y in th e 10- 50 megawatt ran ge. SEC. 1449. PETROCHEMICAL AND OIL REFIN ERY FACILITY 21 22 HEALTH ASSESSMENT. (a) E STJ\BJASHMEN'l'.-1'h e Secretary of En ergy 23 shall condu ct a study of direct and significant health im24 pacts to persons resu lting from living in proximit y to pe25 trochcmica l and oil r efinery facilities. The Secretar y shall oHR 6 EH AMERICA!\ pVERSIGHT 693 CEQ050FY18091 _000000439 CEQ-18-0173-C-000731 692 1 consult with th e Dir ector of the Nat ional Cancer Institute 2 and other Federa l Government bodies with e:\.rpe rti se in the 3 field it deems appropriate in the design of such study . The 4 study shall be conducted according to sound and objective 5 scientific practices and present the '"'eight of the scient ific 6 evidence. rr11eSecretary shaJl obtain scientifi c peer re,~ew 7 of the draft study. 8 (b) REP0R:r '1'0 C0NGHESS.-The Secretary shall 9 transmit the results of th e stu dy to Congress vvithin 6 10 month s of the enactm ent of this section. 11 -T here (c) AUTII0RIZA'l'I0N OF APPR0PRIATI0NS. 12 ar e author ized to be appropriated to the Secretary for ac13 tivities under this section such sums as are neeessary for 14 th e completion of the stu dy. 15 SEC. 1450. UNITED STATES-ISRAEL COOPERATION. 16 (a) FINDINGS.-r rh e Congress finds that- 17 (] ) on l~ebruar y 1, 1996, United States Sec- 18 retary of En ergy Hazel R. O'L eary and Israeli lVIin- 19 ister of En ergy and Infrastructure 20 signed the Agreement between the Departme nt of 21 Energy of the United Stat es of America and the 22 1\/ Iinistry of En ergy and Infra structur e of Israel Con- 23 cerning En ergy Cooperation, to establish a frame- 24 work for collaboration between the Un ited Stat es Goneu Segev oHR 6 EH AMERICA!\ pVERSIGHT 694 CEQ050FY18091 _000000439 CEQ-18-0173-C-000732 692 1 consult with th e Dir ector of the Nat ional Cancer Institute 2 and other Federa l Government bodies with e:\.rpe rti se in the 3 field it deems appropriate in the design of such study . The 4 study shall be conducted according to sound and objective 5 scientific practices and present the '"'eight of the scient ific 6 evidence. rr11eSecretary shaJl obtain scientifi c peer re,~ew 7 of the draft study. 8 (b) REP0R:r '1'0 C0NGHESS.-The Secretary shall 9 transmit the results of th e stu dy to Congress vvithin 6 10 month s of the enactm ent of this section. 11 (c) AUTII0RIZA'l'I0N OF APPR0PRIATI0NS. -T here 12 ar e author ized to be appropriated to the Secretary for ac13 tivities under this section such sums as are neeessary for 14 th e completion of the stu dy. 15 SEC. 1450. UNITED STATES-ISRAEL COOPERATION. 16 (a) FINDINGS.-r rh e Congress finds that- 17 (] ) on l~ebruar y 1, 1996, United States Sec- 18 retary of En ergy Hazel R. O'L eary and Israeli lVIin- 19 ister of En ergy and Infrastructure 20 signed the Agreement between the Departme nt of 21 Energy of the United Stat es of America and the 22 1\/ Iinistry of En ergy and Infra structur e of Israel Con- 23 cerning En ergy Cooperation, to establish a frame- 24 work for collaboration between the Un ited Stat es Goneu Segev oHR 6 EH AMERICA!\ pVERSIGHT 694 CEQ050FY18091 _000000439 CEQ-18-0173-C-000732 693 1 and Isra el rn energy research and development ac- 2 ti,rities; (2) the Agreement ent ered into force m F eb- 3 ruar y 2000; 4 5 (3) in F ebruar y 2005, the ..Agreement ,;vas auto- 6 mati caJJy re11evved for one adrutiona1 5-year period 7 pursuant to Arti cle X of the Agreement; and 8 ( 4) unPl_J l CABL,rn VOL Ul\'IE.- 17 " (i) CALB NDAR YEARS 2005 'l'HRO UGH 18 2012.- For th e purpo se of subparag raph 19 (A), th e applicable volume for any of cal- 20 endar year s 200 5 through 20 12 shall be 21 determin ed in accordan ce with the fol- 22 lm~n g t able: Applicable volume of renewable fue l (in billions of gallons) "Calendar year 200 5 2006 2007 2008 2009 ??????"??"????"???" " '"'"' """ "' '"'''" ''"'"""' "'""''' "' " """''"'""''"'"'"' ................................ ................................ ............................ ....... ................................ ................................ ............................... .... ................................ ................................................................... ......... ....................................................... ............................ ....... 3.1 3.3 3.5 3.8 4.1 oHR 6 EH AMERICA!\ pVERSIGHT 703 CEQ050FY18091_000000439 CEQ-18-0173-C-000741 701 1 consu mers m th e contiguou s Unjt ed Stat es, on 2 an annu al avera ge ba sis, contain s th e applicable 3 volume of ren ewable fuel as specified in sub- 4 paragraph (B). Rcgar cUess of the date of pro- 5 mulga tion , such regulation s shall contain com- 6 pliance prm~sions for refiners, blenders, and 7 import ers, as appropriat e, to ensure that th e re- 8 qufrernent s of thi s section ar e met , but shall not 9 restri ct where renev,,able fuel can be u sed, or 10 impose any per-gallon obligat ion for the u se of 11 renewable fuel. If t he Administrator docs not 12 promulgat e such regulation s, th e applicable per- 13 centa ge referred to in para graph (4 ), on a vol- 14 u n1e percenta ge of gasobne basis, shal l be 2.2 15 in 2005. " (B ) 16 AJ>Pl_J l CABL,rn VOL Ul\'IE.- 17 " (i) CALB NDAR YEARS 2005 'l'HRO UGH 18 2012.- For th e purpo se of subparag raph 19 (A), th e applicable volume for any of cal- 20 endar year s 200 5 through 20 12 shall be 21 determin ed in accordan ce with the fol- 22 lm~n g t able: Applicable volume of renewable fue l (in billions of gallons) "Calendar year 200 5 2006 2007 2008 2009 ??????"??"????"???" " '"'"' """ "' '"'''" ''"'"""' "'""''' "' " """''"'""''"'"'"' ................................ ................................ ............................ ....... ................................ ................................ ............................... .... ................................ ................................................................... ......... ....................................................... ............................ ....... 3.1 3.3 3.5 3.8 4.1 oHR 6 EH AMERICA!\ pVERSIGHT 703 CEQ050FY18091_000000439 CEQ-18-0173-C-000741 702 Applicable volume of renewable fuel (in billions of gallons) "Calendar year 2010 ......... ................................. ............... ............... ........................... 2011 ......... ................................. .............................. ............. .............. 2012 ...................... .................. ................................ ........................... 1 "( ii) CALENDAR YEAR 201:3 4.4 4.7 5.0 J\ND 2 'l'HEREAF"l'BR-For th e pu11)ose of sub- 3 paragraph (A), th e applicable volume for 4 calendar year 2013 and ca.ch calendar year 5 thereafte r shall be equal to th e product ob- 6 ta ined by multiplying- 7 "( I ) th e number of gallons of 8 gasohn e that the Administrator esti - 9 mat es 10 ,.,~llbe sold or int roduced into corrunerce in th e calendar yeai?; and "( II ) the ratio that - 11 "(a.a) 5.0 billion galJons of 12 13 renewable fuels; bears to 14 "(bb) the numb er of gallons 15 of gasoline sold or introduced 16 into commerce in calendar year 17 2012. 18 "(3) NON-CON'I'lGUOUS STATE OPT -I N.-Upon 19 the petitio n of a non-contiguous State, the Adminis - 20 trator may allow t he renewable fuel program estab - 21 lished by subtit le A of tit le :1.. ' V of th e En ergy Policy 22 Act of 2005 to apply in such non-contiguous State oHR 6 EH AMERICA!\ pVERSIGHT 704 CEQ050FY18091 _000000439 CEQ-18-0173-C-000742 702 Applicable volume of renewable fuel (in billions of gallons) "Calendar year 2010 ......... ................................. ............... ............... ........................... 2011 ......... ................................. .............................. ............. .............. 2012 ...................... .................. ................................ ........................... 1 "( ii) CALENDAR YEAR 201:3 4.4 4.7 5.0 J\ND 2 'l'HEREAF"l'BR-For th e pu11)ose of sub- 3 paragraph (A), th e applicable volume for 4 calendar year 2013 and ca.ch calendar year 5 thereafte r shall be equal to th e product ob- 6 ta ined by multiplying- 7 "( I ) th e number of gallons of 8 gasohn e that the Administrator esti - 9 mat es 10 ,.,~llbe sold or int roduced into corrunerce in th e calendar yeai?; and "( II ) the ratio that - 11 "(a.a) 5.0 billion galJons of 12 13 renewable fuels; bears to 14 "(bb) the numb er of gallons 15 of gasoline sold or introduced 16 into commerce in calendar year 17 2012. 18 "(3) NON-CON'I'lGUOUS STATE OPT -I N.-Upon 19 the petitio n of a non-contiguous State, the Adminis - 20 trator may allow t he renewable fuel program estab - 21 lished by subtit le A of tit le :1.. ' V of th e En ergy Policy 22 Act of 2005 to apply in such non-contiguous State oHR 6 EH AMERICA!\ pVERSIGHT 704 CEQ050FY18091 _000000439 CEQ-18-0173-C-000742 703 1 at th e same time or any time aft er th e Adminis- 2 trato r promul gat es regulations und er para gn iph (2). 3 Th e Administrat or may promul gate or revise regula- 4 tions und er para graph (2) , establi sh applicable per- 5 centages und er paragraph (4), provide for th e gen- 6 erati on of credit s und er para graph (6), and tak e 7 such other actions as may be necessary to allow for 8 th e application of th e renewable fuels progTtun 111a 9 non-contig11ou s St ate. 10 " (4) APPLI CABLE PER CENTAGES .- 11 "(A) PRO VISION OF ES'ri lvIA.'l'E OF VOL- 12 Ui\'LES OF' CASOl;INE 13 tober 31 of each of calendar year s 200 5 14 throu gh 2011 , th e Administr ator of th e En ergy 15 Inform.ation Administr ation shall provide to the 16 Administrator of th e Environm ental Pr otection 17 Agency an est imat e of th e volumes of gasoline 18 tha t will be sold or intr oduced into commerce in 19 th e Unit ed Stat es durin g th e folio-wing calendar 20 year . 21 " (B) 22 SALES.-Not DETER 1\1I NAT10 N OF' lat er than Oc- JU>PJ;ICABLE PBR CBNT1\ GE S.- 23 "( i) I N GI~NElt AIJ.- Not later than 24 November 30 of each of th e calendar year s 25 200 5 tlu?ough 2011 , based on the estimat e oHR 6 EH AMERICA!\ pVERSIGHT 705 CEQ050FY18091 _000000439 CEQ-18-0173-C-000743 703 1 at th e same time or any time aft er th e Adminis- 2 trato r promul gat es regulations und er para gn iph (2). 3 Th e Administrat or may promul gate or revise regula- 4 tions und er para graph (2) , establi sh applicable per- 5 centages und er paragraph (4), provide for th e gen- 6 erati on of credit s und er para graph (6), and tak e 7 such other actions as may be necessary to allow for 8 th e application of th e renewable fuels progTtun 111a 9 non-contig11ou s St ate. 10 " (4) APPLI CABLE PER CENTAGES .- 11 "(A) PRO VISION OF ES'ri lvIA.'l'E OF VOL- 12 Ui\'LES OF' CASOl;INE 13 tober 31 of each of calendar year s 200 5 14 throu gh 2011 , th e Administr ator of th e En ergy 15 Inform.ation Administr ation shall provide to the 16 Administrator of th e Environm ental Pr otection 17 Agency an est imat e of th e volumes of gasoline 18 tha t will be sold or intr oduced into commerce in 19 th e Unit ed Stat es durin g th e folio-wing calendar 20 year . 21 " (B) 22 SALES.-Not DETER 1\1I NAT10 N OF' lat er than Oc- JU>PJ;ICABLE PBR CBNT1\ GE S.- 23 "( i) I N GI~NElt AIJ.- Not later than 24 November 30 of each of th e calendar year s 25 200 5 tlu?ough 2011 , based on the estimat e oHR 6 EH AMERICA!\ pVERSIGHT 705 CEQ050FY18091 _000000439 CEQ-18-0173-C-000743 704 1 provided und er subpara graph (A), th e Ad- 2 mini strator shall determin e and publi sh in 3 th e F ederal Regist er , ?with respect to the 4 follm,ving calendar year , th e renewable fuel 5 obligation that ensur es that th e reqmr e- 6 rnent s of para graph (2) ar e met. "( ii) 7 REQ UI RBD ELE l\IEN'1'S.-rrl1 e re- 8 newable fuel obligation determined for a 9 calenda1? year und er clauRe (i) shall- 10 "( ! ) b e applicable to refiners, 11 blenders, and import ers, as appro- 12 pri at e; 13 " (II) be expr essed in terms of a 14 volum e percent age of gasoline sold or 15 introduc ed into commerce; and 16 " (III ) su~j ect to subpara graph 17 (C)(i), consist of a single app licable 18 percentag e that 19 egories of persons specified m sub - 20 clau se (I). app lies to aJl cat - " (C) ADJUSTl\lE.N'l'S.-In 21 determinin g the 22 applicable percentag e for a calendar year , the 23 Administr ator shall make ac\iu stment s- oHR 6 EH AMERICA!\ pVERSIGHT 706 CEQ050FY18 091_000000439 CEQ-18-0173-C-000744 704 1 provided und er subpara graph (A), th e Ad- 2 mini strator shall determin e and publi sh in 3 th e F ederal Regist er , ?with respect to the 4 follm,ving calendar year , th e renewable fuel 5 obligation that ensur es that th e reqmr e- 6 rnent s of para graph (2) ar e met. "( ii) 7 REQ UI RBD ELE l\IEN'1'S.-rrl1 e re- 8 newable fuel obligation determined for a 9 calenda1? year und er clauRe (i) shall- 10 "( ! ) b e applicable to refiners, 11 blenders, and import ers, as appro- 12 pri at e; 13 " (II) be expr essed in terms of a 14 volum e percent age of gasoline sold or 15 introduc ed into commerce; and 16 " (III ) su~j ect to subpara graph 17 (C)(i), consist of a single app licable 18 percentag e that 19 egories of persons specified m sub - 20 clau se (I). app lies to aJl cat - " (C) ADJUSTl\lE.N'l'S.-In 21 determinin g the 22 applicable percentag e for a calendar year , the 23 Administr ator shall make ac\iu stment s- oHR 6 EH AMERICA!\ pVERSIGHT 706 CEQ050FY18 091_000000439 CEQ-18-0173-C-000744 705 1 "( i) to prevent the in1position of re- 2 dundant obligations to any person specified 3 in subparagraph (B)(ii)(I); and 4 "( ii) to account for the use of renew- s able fuel during the previous calendar year 6 by sman refineries that are exempt und er 7 para graph (11). 8 "(5) EC~UI V1V,8NCY.-For 9 10 the purpo se of para- graph (2), 1 gallon of eith er cellulosic biomass ethanol or -waste derived ethano l"(A) shall be considered to be th e cquiva- 11 12 lent of 1.5 gaJlon of renewable fuel; or 13 " (B) if the cellulostic biomass ethanol or 14 waste derived etha nol is derived from agTicul- 15 turaJ residue or wood residue or is an agricul- 16 tural byprodu ct (as th at term is used in section 17 919 of the En ergy Policy Act of 2005), shall be 18 considered to be th e equivalent of 2 .5 gallons of 19 reuewable fuel. 20 "(6) C REDIT PROGRAl\I .- 21 "(A ) IN OENERAL.- rrh e regulation s pro - 22 mulgat ed to carry out this subsection shall pro- 23 vide for th e generation 24 amount of credit s by any person that refines, 25 blends, or import s gasoline that of an approp riate contain s a oHR 6 EH AMERICA!\ pVERSIGHT 707 CEQ050 FY18091_000000439 CEQ-18-0173-C-000745 705 1 "( i) to prevent the in1position of re- 2 dundant obligations to any person specified 3 in subparagraph (B)(ii)(I); and 4 "( ii) to account for the use of renew- s able fuel during the previous calendar year 6 by sman refineries that are exempt und er 7 para graph (11). 8 "(5) EC~UI V1V,8NCY.-For 9 10 the purpo se of para- graph (2), 1 gallon of eith er cellulosic biomass ethanol or -waste derived ethano l"(A) shall be considered to be th e cquiva- 11 lent of 1.5 gaJlon of renewable fuel; or 12 13 " (B) if the cellulostic biomass ethanol or 14 waste derived etha nol is derived from agTicul- 15 turaJ residue or wood residue or is an agricul- 16 tural byprodu ct (as th at term is used in section 17 919 of the En ergy Policy Act of 2005), shall be 18 considered to be th e equivalent of 2 .5 gallons of 19 reuewable fuel. 20 "(6) C REDIT PROGRAl\I .- 21 "(A ) IN OENERAL.- rrh e regulation s pro - 22 mulgat ed to carry out this subsection shall pro- 23 vide for th e generation 24 amount of credit s by any person that refines, 25 blends, or import s gasoline that of an approp riate contain s a oHR 6 EH AMERICA!\ pVERSIGHT 707 CEQ050 FY18091_000000439 CEQ-18-0173-C-000745 706 1 quantit y of renewable fuel that is greater th an 2 th e quantit y required und er par agraph (2). 3 Such regulations shall provide fo1? the geuer a- 4 tion of an appropriat e amount of credit s for 5 biodiesel fuel. If a small r efine1y notifies the 6 Acbninistrator that it ,;i. raives th e exemption pro - 7 vided para graph (11 ), th e regul ation s shal1 pro- 8 vide for th e generation of credit s by the smalJ 9 refinery beginning in th e year following such notification. 10 11 "(B ) USE OF CREDITS.- A person that 12 generat es credit s und er subpara graph (A) may 13 use th e credit s, or tran sfer all or a portion of 14 the credit s to anoth er person, for th e pm7)osc 15 of complyi.ng -vvith para graph (2). 16 " (C) LIFE OP CREDI'l' S.-A credit gen- 17 erat ed und er thi s paragraph sh.all be valid to 18 show cornpliancc- 19 " (i) in th e calendar year in which the 20 credit was generat ed or th e next calendar 21 year; or 22 " (ii) in th e calendar year in ,;vhich the 23 credit was generat ed or next two consecu- 24 tive calendar year s if th e Administrator oHR 6 EH AMERICA!\ pVERSIGHT 708 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000746 706 1 quantit y of renewable fuel that is greater th an 2 th e quantit y required und er par agraph (2). 3 Such regulations shall provide fo1? the geuer a- 4 tion of an appropriat e amount of credit s for 5 biodiesel fuel. If a small r efine1y notifies the 6 Acbninistrator that it ,;i. raives th e exemption pro - 7 vided para graph (11 ), th e regul ation s shal1 pro- 8 vide for th e generation of credit s by the smalJ 9 refinery beginning in th e year following such notification. 10 11 "(B ) USE OF CREDITS.- A person that 12 generat es credit s und er subpara graph (A) may 13 use th e credit s, or tran sfer all or a portion of 14 the credit s to anoth er person, for th e pm7)osc 15 of complyi.ng -vvith para graph (2). 16 " (C) LIFE OP CREDI'l' S.-A credit gen- 17 erat ed und er thi s paragraph sh.all be valid to 18 show cornpliancc- 19 " (i) in th e calendar year in which the 20 credit was generat ed or th e next calendar 21 year; or 22 " (ii) in th e calendar year in ,;vhich the 23 credit was generat ed or next two consecu- 24 tive calendar year s if th e Administrator oHR 6 EH AMERICA!\ pVERSIGHT 708 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000746 707 1 pr omttlgates regulations und er para graph 2 (7). 3 "(D) I NABILITY TO PURCHASE SU FFI CIENT 4 CREDITS.- '"rb e 5 carr y out thi s subsection shall include provi- 6 sions aJlowing any person that is unabl e to gen- 7 erat e or pur cha se sufficient credits to meet the 8 requir ements und er paragraph (2) to carr y for- 9 ward a rcnevva.ble fuel deficit provided that , in 10 the calendar year follO\,ring the year in which 11 the renm,vable fuel deficit is created, such pcr- 12 son shall achieve compliance ,~ri.tht he renewable 13 fuel requir ement und er par agraph (2), and shall 14 generat e or pur cha se additional renewable fuel 15 credit s to offset th e renevvable fuel deficit of the 16 pr ev10us year. 17 " (7) SE ASONAL VARIN l'IONS IN H,ENEWABLB 18 regulation s promu lgat ed to FUEL USE. - 19 "(A) STUDY.- For each of th e calendar 20 year s 200 5 thr ough 2012, the Administrat or of 21 th e En ergy Information Administr ation shall 22 conduct a study of renC\,vable fuels blending to 23 det ermin e wheth er th ere ar e excessive seasonal 24 variation s in th e u se of renewable fuels. oHR 6 EH AMERICA!\ pVERSIGHT 709 CEQ050FY18 091_000000439 CEQ-18-0173-C-000747 707 1 pr omttlgates regulations und er para graph 2 (7). 3 "(D) I NABILITY TO PURCHASE SU FFI CIENT 4 CREDITS.- '"rb e 5 carr y out thi s subsection shall include provi- 6 sions aJlowing any person that is unabl e to gen- 7 erat e or pur cha se sufficient credits to meet the 8 requir ements und er paragraph (2) to carr y for- 9 ward a rcnevva.ble fuel deficit provided that , in 10 the calendar year follO\,ring the year in which 11 the renm,vable fuel deficit is created, such pcr- 12 son shall achieve compliance ,~ri.tht he renewable 13 fuel requir ement und er par agraph (2), and shall 14 generat e or pur cha se additional renewable fuel 15 credit s to offset th e renevvable fuel deficit of the 16 pr ev10us year. 17 " (7) SE ASONAL VARIN l'IONS IN H,ENEWABLB 18 regulation s promu lgat ed to FUEL USE. - 19 "(A) STUDY.- For each of th e calendar 20 year s 200 5 thr ough 2012, the Administrat or of 21 th e En ergy Information Administr ation shall 22 conduct a study of renC\,vable fuels blending to 23 det ermin e wheth er th ere ar e excessive seasonal 24 variation s in th e u se of renewable fuels. oHR 6 EH AMERICA!\ pVERSIGHT 709 CEQ050FY18 091_000000439 CEQ-18-0173-C-000747 708 1 1 '( B) RE GULNrION OF rnxCESS IVB S I~J\- 2 SONAJ~ VAHIA'l'IONS.-If, for any calendar year, 3 the Administrator 4 Administration, based on th e study under sub- 5 paragraph (A), mak es the determination s speci- 6 fied in subparagraph 7 slu:tll promulgat e regulation s to ensur e that 35 8 percent or more of th e quantity of renewable 9 fuels necessary to meet th e requir ement of 10 paragraph (2) is used during each of th e peri - 11 ods specified in subparagraph (D) of each sub- 12 sequent calendar year. of the Energ y Information (C), the AdniiJiistrato r " (C) DwrERMINA'l'IONS.-Th e determina- 13 14 tion s referred to in subpara graph (B) 15 that- are 16 "( i ) Jess than 35 percent of th e quan - 17 tity of renewable fuels necessary to meet 18 the requirement of paragrap h (2) has been 19 used during one of the periods specified in 20 subparagraph (D) of th e calendar year; 21 ''( ii) a patt ern of excessive seasonal 22 variation described in clause (i) v,rill con- 23 tinue in subsequent calendar year s; and "( iii) 24 promulgating regulation s or other requir ement s to impose a 35 pe1?cent 25 oHR 6 EH AMERICA!\ pVERSIGHT 710 CEQ050FY18091 _000000439 CEQ-18-0173-C-000748 708 1 1 '( B) RE GULNrION OF rnxCESS IVB S I~J\- 2 SONAJ~ VAHIA'l'IONS.-If, for any calendar year, 3 the Administrator 4 Administration, based on th e study under sub- 5 paragraph (A), mak es the determination s speci- 6 fied in subparagraph 7 slu:tll promulgat e regulation s to ensur e that 35 8 percent or more of th e quantity of renewable 9 fuels necessary to meet th e requir ement of 10 paragraph (2) is used during each of th e peri - 11 ods specified in subparagraph (D) of each sub- 12 sequent calendar year. of the Energ y Information (C), the AdniiJiistrato r " (C) DwrERMINA'l'IONS.-Th e determina- 13 14 tion s referred to in subpara graph (B) 15 that- are 16 "( i ) Jess than 35 percent of th e quan - 17 tity of renewable fuels necessary to meet 18 the requirement of paragrap h (2) has been 19 used during one of the periods specified in 20 subparagraph (D) of th e calendar year; 21 ''( ii) a patt ern of excessive seasonal 22 variation described in clause (i) v,rill con- 23 tinue in subsequent calendar year s; and "( iii) 24 promulgating regulation s or other requir ement s to impose a 35 pe1?cent 25 oHR 6 EH AMERICA!\ pVERSIGHT 710 CEQ050FY18091 _000000439 CEQ-18-0173-C-000748 709 1 or more seasonal use of renewable fuels 2 ,,rill not pr event or interf ere ?with th e at- 3 tainment of nat ional ambient air quality 4 sta ndal'ds 5 price of motor fuels to th e consumer . 6 " (D) PERJODS.-rrh e two period s referred 7 or significant ly increase th e to in this para gTaph are- 8 "( i) April through September; and 9 '' (ii) Januar y through lV Iarch and Oc- 10 tober thr ough December. 11 "(E) EXCLUSIONS.- Renewablc fuels 12 blended or consumed in 2005 in a State which 13 ha s received a waiver under section 209(b) shall 14 not be included in th e study in subpara graph 15 (A). 16 "(8) \iVAIVEHS.- 17 "(A ) I N GENERAL.-The Adrnjnistrator, in 18 consultation with th e Secretar y of Agriculture 19 and the Secretary of En ergy, may waive the re- 20 quir ement of paragr aph (2) in whole or in part 21 on petition by one or more States by reducing 22 the nat ional quantit y of renewable fuel required 23 und er thi s subsection- 24 " Ci) based on a determination by the 25 Admini strator, after public noti ce and op- oHR 6 EH AMERICA!\ pVERSIGHT 711 CEQ050FY18091 _000000439 CEQ-18-0173-C-000749 709 1 or more seasonal use of renewable fuels 2 ,,rill not pr event or interf ere ?with th e at- 3 tainment of nat ional ambient air quality 4 sta ndal'ds 5 price of motor fuels to th e con sumer . 6 " (D) PERJODS.-rrh e two period s referred 7 or significant ly increase th e to in this para gTaph are- 8 "( i) April through September; and 9 '' (ii) Januar y through lV Iarch and Oc- 10 tober thr ough December. 11 "(E) EXCLUSIONS.- Renewablc fuels 12 blended or consumed in 2005 in a State which 13 ha s received a waiver under section 209(b) shall 14 not be included in th e study in subpara graph 15 (A). 16 "(8) \iVAIVEHS.- 17 "(A ) I N GENERAL.-The Adrnjnistrator, in 18 consultation with th e Secretar y of Agriculture 19 and the Secretary of En ergy, may waive the re- 20 quir ement of paragr aph (2) in whole or in part 21 on petition by one or more States by reducing 22 the nat ional quantit y of renewable fuel required 23 und er thi s subsection- 24 " Ci) based on a determination by the 25 Admini strator, after public noti ce and op- oHR 6 EH AMERICA!\ pVERSIGHT 711 CEQ050FY18091 _000000439 CEQ-18-0173-C-000749 710 1 portunit y for comment, that implementa- 2 tion of th e requir ement would severely 3 harm the economy or environm ent of a 4 State, a r egion, or the United States; or 5 "( ii) based on a determination by the 6 Administrato r , aft er publi c notice and op- 7 portunit y for comment , that there is an in- 8 adeq uate dom estic suppl y or distribution 9 capa city to meet the requirem ent. 10 "( B) PETITIO NS FOR WAIVERS .- rrllC Ad- 11 minist rator , in consultation with the Secreta ry 12 of Agricu ltur e and th e Secretary 13 shall approve or disapprov e a State petit ion for 14 a waiver of the r equir ement of paragraph 15 vvithin 90 days after th e dat e on whjch the pet i- 16 tion is r eceived by th e Admini st rator. 17 of En ergy, "(C) TER i\II NATI0 1 01" WAI\ TrnRs.-A (2) waiv- 18 er granted und er subparagraph 19 nat e after 1 year , but may be r enewed by the 20 Admini strator aft er consultation with the Sec- 21 retary of Agri cultur e and th e Secre tar y of En- 22 ergy. 23 "(9) S T UDY AND WAIVER (A) shall t errni- FOR 1NI'l1IAL YEAH OF 24 PROGRAiVL- Not lat er than 180 days after th e ena ct- 25 ment of this sub section , the Secr eta ry of En ergy oHR 6 EH AMERICA!\ pVERSIGHT 712 CEQ050FY18091 _000000439 CEQ-18-0173-C-000750 710 1 portunit y for comment, that implementa- 2 tion of th e requir ement would severely 3 harm the economy or environm ent of a 4 State, a r egion, or the United States; or 5 "( ii) based on a determination by the 6 Administrato r , aft er publi c notice and op- 7 portunit y for comment , that there is an in- 8 adeq uate dom estic suppl y or distribution 9 capa city to meet the requirem ent. 10 "( B) PETITIO NS FOR WAIVERS .- rrllC Ad- 11 minist rator , in consultation with the Secreta ry 12 of Agricu ltur e and th e Secretary 13 shall approve or disapprov e a State petit ion for 14 a waiver of the r equir ement of paragraph 15 vvithin 90 days after th e dat e on whjch the pet i- 16 tion is r eceived by th e Admini st rator. 17 of En ergy, "(C) TER i\II NATI0 1 01" WAI\ TrnRs.-A (2) waiv- 18 er granted und er subparagraph 19 nat e after 1 year , but may be r enewed by the 20 Admini strator aft er consultation with the Sec- 21 retary of Agri cultur e and th e Secre tar y of En- 22 ergy. 23 "(9) S T UDY AND WAIVER (A) shall t errni- FOR 1NI'l1IAL YEAH OF 24 PROGRAiVL- Not lat er than 180 days after th e ena ct- 25 ment of this sub section , the Secr eta ry of En ergy oHR 6 EH AMERICA!\ pVERSIGHT 712 CEQ050FY18091 _000000439 CEQ-18-0173-C-000750 711 1 shall complete for the Administrator a study assess - 2 ing whether th e renewable fuels requirement und er 3 paragraph (2) virilllikely result in significant adverse 4 con sumer impacts in 2005 , on a national , regional, 5 or State ba sis. Such study shall evaluate renewable 6 fuel supplies and prices, blendstock supplies, and 7 supply and dist ribution system capabiliti es. Based 8 on such study, th e Secretary shall make specific rec- 9 ommcndations to the Administrator regardin g ,vaiv- 10 er of the requir ement s of paragraph (2), in ?whole or 11 in part , to avoid any such advc1?sc impacts . ,?i t hin 12 270 days after th e ena ctment of thi s subsection , the 13 Administrator 14 ommendations of th e Secreta ry, waive, in whole or in 15 part, th e renewable fuels requir ement und er para- 16 graph (2) by reducing th e national quantit y of re- 17 newable fuel requir ed under thi s subsection in 2005. 18 This paragraph shall not be interpreted as limitin g 19 th e Administrator's 20 mcnt s of paragra ph (2) in whole, or in part, und er 21 para gTaph (8) or para graph 22 waivers. 23 "( 10) shall, consistent ?with the rec- authorit y to ?waive the rcquir c- (10), pertaining ABSESSJ\ IrnNT AND WA I V I~H,.-rfh e to Adrnin- 24 istrato r, in consultation with th e Secretar y of En - 25 crgy and th e Secretary of Agricultu re, shall evaluate oHR 6 EH AMERICA!\ pVERSIGHT 713 CEQ050FY18091 _000000439 CEQ-18-0173-C-000751 711 1 shall complete for the Administrator a study assess - 2 ing whether th e renewable fuels requirement und er 3 paragraph (2) virilllikely result in significant adverse 4 con sumer impacts in 2005 , on a national , regional, 5 or State ba sis. Such study shall evaluate renewable 6 fuel supplies and prices, blendstock supplies, and 7 supply and dist ribution system capabiliti es. Based 8 on such study, th e Secretary shall make specific rec- 9 ommcndations to the Administrator regardin g ,vaiv- 10 er of the requir ement s of paragraph (2), in ?whole or 11 in part , to avoid any such advc1?sc impacts . ,?i t hin 12 270 days after th e ena ctment of thi s subsection , the 13 Administrator 14 ommendations of th e Secreta ry, waive, in whole or in 15 part, th e renewable fuels requir ement und er para- 16 graph (2) by reducing th e national quantit y of re- 17 newable fuel requir ed under thi s subsection in 2005. 18 This paragraph shall not be interpreted as limitin g 19 th e Administrator's 20 mcnt s of paragra ph (2) in whole, or in part, und er 21 para gTaph (8) or para graph 22 waivers. 23 "( 10) shall, consistent ?with the rec- authorit y to ?waive the rcquir c- (10), pertaining ABSESSJ\ IrnNT AND WA I V I~H,.-rfh e to Adrnin- 24 istrato r, in consultation with th e Secretar y of En - 25 crgy and th e Secretary of Agricultu re, shall evaluate oHR 6 EH AMERICA!\ pVERSIGHT 713 CEQ050FY18091 _000000439 CEQ-18-0173-C-000751 712 1 th e r equir ement of para graph (2) and determin e, 2 prior to Januar y 1, 20 07, and prior to J anua 1y 1 3 of any sub sequent yea r in which the applicable vol- 4 tm1c of r enewable f uel is inc1?e ased und er paragraph 5 (2) (B) , ?whet her the requir ement of par agraph (2), 6 includin g the applicab le volume of renewabl e fue] 7 contain ed in para grap h (2)(B) should r emain in ef- 8 feet , in whole or in part , durin g 2007 or any year 9 or year s subsequent to 2007 . In evaluating th e re- 10 quir ement of paragraph 11 termination 12 shall consider th e best available information 13 data collected by accepted method s or best available 14 mean s r egardin g- (2) and in making any clc - und er thi s section , th e Administrator and 15 "(A) the capa city of renevvable fuel pro - 16 ducers to suppl y an ade quate amount of r enew- 17 able fuel at competitive pric es to fulfill th e r c- 18 quir ement of para graph (2); 19 "(B) the pot ential of th e requir ement of 20 par agraph (2) to significantly rai se th e pri ce of 21 gas oline, food (excludin g th e net price impa ct 22 on th e requir ement in para gn1ph (2) on com- 23 moditi es used in the product ion of ethan ol) , or 24 heat ing oil for consum er s in any significant 25 area or r egion of th e countr y above th e pri ce oHR 6 EH AMERICA!\ pVERSIGHT 714 CEQ050FY18091 _000000439 CEQ-18-0173-C-000752 712 1 th e r equir ement of para graph (2) and determin e, 2 prior to Januar y 1, 20 07, and prior to J anua 1y 1 3 of any sub sequent yea r in which the applicable vol- 4 tm1c of r enewable f uel is inc1?e ased und er paragraph 5 (2) (B) , ?whet her the requir ement of par agraph (2), 6 includin g the applicab le volume of renewabl e fue] 7 contain ed in para grap h (2)(B) should r emain in ef- 8 feet , in whole or in part , durin g 2007 or any year 9 or year s subsequent to 2007 . In evaluating th e re- 10 quir ement of paragraph 11 termination 12 shall consider th e best available information 13 data collected by accepted method s or best available 14 mean s r egardin g- (2) and in making any clc - und er thi s section , th e Administrator and 15 "(A) the capa city of renevvable fuel pro - 16 ducers to suppl y an ade quate amount of r enew- 17 able fuel at competitive pric es to fulfill th e r c- 18 quir ement of para graph (2); 19 "(B) the pot ential of th e requir ement of 20 par agraph (2) to significantly rai se th e pri ce of 21 gas oline, food (excludin g th e net price impa ct 22 on th e requir ement in para gn1ph (2) on com- 23 moditi es used in the product ion of ethan ol) , or 24 heat ing oil for consum er s in any significant 25 area or r egion of th e countr y above th e pri ce oHR 6 EH AMERICA!\ pVERSIGHT 714 CEQ050FY18091 _000000439 CEQ-18-0173-C-000752 713 1 t hat ,vould otherwise apply to such commodities 2 in th e absence of such requirement; 3 "(C) the potentia l of the requirement of 4 paragraph (2) to int erfer e with the supp ly of 5 fuel in any significant gasoline market or region 6 of th e countr y, includin g int erfer ence with the 7 efficient operation of refiners, blenders, import - 8 ers, ,;1, rl101esale supplier s, and retail vendor s of 9 gasoline, and other motor fuels; and 10 "( D) the potentia l of th e requirement of 11 para graph (2) to cause or pr omote excecdances 12 of F ederal, State, or local air quality sta ndard s. 13 If th e Administrator determ ines, by clear and con- 14 vincing informatio n , aft er public noti ce and th e op- 15 portunity 16 paragraph (2) would have significant and meaning- 17 fttl adverse impa ct on the supply of ft1el and relat ed 18 inf rast ructur e or on the economy, public healt h , or 19 cnvirom11ent of any significant ar ea or region of the 20 countr y, the Administrator may waive, in whole or 21 in part , the requirement of para graph (2) in any one 22 year for which th e deterrnination is made for that 23 area or region of the countr y, except that any su ch 24 waiver shall not have th e effect of reducing the ap- 25 plicable volume of 1?enewable ft1el specified in pai?a- for comment , that the requirement of oHR 6 EH AMERICA!\ pVERSIGHT 715 CEQ050 FY18091_000000439 CEQ-18-0173-C-000753 713 1 t hat ,vould otherwise apply to such commodities 2 in th e absence of such requirement; 3 "(C) the potentia l of the requirement of 4 paragraph (2) to int erfer e with the supp ly of 5 fuel in any significant gasoline market or region 6 of th e countr y, includin g int erfer ence with the 7 efficient operation of refiners, blenders, import - 8 ers, ,;1, rl101esale supplier s, and retail vendor s of 9 gasoline, and other motor fuels; and 10 "( D) the potentia l of th e requirement of 11 para graph (2) to cause or pr omote excecdances 12 of F ederal, State, or local air quality sta ndard s. 13 If th e Administrator determ ines, by clear and con- 14 vincing informatio n , aft er public noti ce and th e op- 15 portunity 16 paragraph (2) would have significant and meaning- 17 fttl adverse impa ct on the supply of ft1el and relat ed 18 inf rast ructur e or on the economy, public healt h, or 19 cnvirom11ent of any significant ar ea or region of the 20 countr y, the Administrator may waive, in whole or 21 in part , the requirement of para graph (2) in any one 22 year for which th e deterrnination is made for that 23 area or region of the countr y, except that any su ch 24 waiver shall not have th e effect of reducing the ap- 25 plicable volume of 1?enewable ft1el specified in pai?a- for comment , that the requirement of oHR 6 EH AMERICA!\ pVERSIGHT 715 CEQ050 FY18091_000000439 CEQ-18-0173-C-000753 714 1 gTaph (2) (B) '"~th r espect to any year for which the 2 determin ation js mad e. In det ermining economic im- 3 pact und er thi s para graph , the Administrator shal l 4 not consider the reduced revenues available from the 5 Highway Trust Fm1cl (section 9503 of th e Int ernal 6 Revenue Code of 1986) as a resuJt of th e use of eth - 7 anol. 8 " (11) SMA LI , RE Io' INT!:l{ IE 8 .- 9 " (A ) IN GENERAL.-~rh e requir ement of 10 para graph (2) shall not app ly to small refineries 11 until th e first calendar year beginning more 12 than 5 year s after the first year set forth in th e 13 table in para gTaph (2)(B)(j). Not lat er than De- 14 cember 31, 2007, t he Secretar y of En er gy shall 15 complete for th e Adm.inistr ator a study to de- 16 termine wheth er th e r equir ement of para graph 17 (2) wouJcl impose a dispropo rti onat e economic 18 hard ship on small refineries. For airy small re- 19 finery that the Secretar y of En ergy det ermin es 20 would ex])eri.ence a dispr oportionate economic 21 hard ship, th e Administr ator shall extend the 22 small refinery exempti on for such smal1 refinery 23 for no less than two additional year s. 24 "( B) E CONOMIC IIARD SIIIP .- oHR 6 EH AMERICA!\ pVERSIGHT 716 CEQ050FY18091_000000439 CEQ-18-0173-C-000754 714 1 gTaph (2) (B) '"~th r espect to any year for which the 2 determin ation js mad e. In det ermining economic im- 3 pact und er thi s para graph , the Administrator shal l 4 not consider the reduced revenues available from the 5 Highway Trust Fm1cl (section 9503 of th e Int ernal 6 Revenue Code of 1986) as a resuJt of th e use of eth - 7 anol. 8 " (11) SMA LI , RE Io' INT!:l{ IE 8 .- 9 " (A ) IN GENERAL.-~rh e requir ement of 10 para graph (2) shall not app ly to small refineries 11 until th e first calendar year beginning more 12 than 5 year s after the first year set forth in th e 13 table in para gTaph (2)(B)(j). Not lat er than De- 14 cember 31, 2007, t he Secretar y of En er gy shall 15 complete for th e Adm.inistr ator a study to de- 16 termine wheth er th e r equir ement of para graph 17 (2) wouJcl impose a dispropo rti onat e economic 18 hard ship on small refineries. For airy small re- 19 finery that the Secretar y of En ergy det ermin es 20 would ex])eri.ence a dispr oportionate economic 21 hard ship, th e Administr ator shall extend the 22 small refinery exempti on for such smal1 refinery 23 for no less than two additional year s. 24 "( B) E CONOMIC IIARD SIIIP .- oHR 6 EH AMERICA!\ pVERSIGHT 716 CEQ050FY18091_000000439 CEQ-18-0173-C-000754 715 1 "( i) ExTrn NSION 01:;, EX:El\1PTIO N .-A 2 small refinery may at any time petition the 3 Admini strator for an extension of th e ex- 4 emption from th e requir ement of para - 5 grap h (2) for th e reason of dispropor- 6 tionat e economic hard ship. In evahiati J1g a 7 hard ship petitjon , th e Administrator, in 8 consultation with th e Secretar y of En ergy, 9 shall consider th e finding s of th e stud y in additi on to oth er economic factor s. 10 11 " (ii) D EADLI NE I<'OR ACTION ON PE'l'l- 12 'l'IONS.-Th e Admini strat or shaJl act on 13 any petjtion submitt ed by a small refinery 14 for a hard ship exemption not lat er than 90 15 days aft er th e receipt of th e petition. 16 " (C) CR EDI'!' PROGRA i\L-If a small refin- 17 ery notifi es th e Adminj strator t hat it waives th e 18 exempt ion provided by thi s Act , the regulat ions 19 shall pr ovide for t he generat ion of credit s by 20 th e small refinery begirn1ing m th e year fol- 21 lmv:ing such notification. 22 "(D) OP'l'-1 N F'0R SiV(ALl , REIo'I NEHS .-A 23 small refinery shall be subj ect to th e requir e- 24 ment s of this section if it notifi es the Adminis- oHR 6 EH AMERICA!\ pVERSIGHT 717 CEQ050FY18091 _000000439 CEQ-18-0173-C-000755 715 1 "( i) ExTrn NSION 01:;, EX:El\1PTIO N .-A 2 small refinery may at any time petition the 3 Admini strator for an extension of th e ex- 4 emption from th e requir ement of para - 5 grap h (2) for th e reason of dispropor- 6 tionat e economic hard ship. In evahiati J1g a 7 hard ship petitjon , th e Administrator, in 8 consultation with th e Secretar y of En ergy, 9 shall consider th e finding s of th e stud y in additi on to oth er economic factor s. 10 11 " (ii) D EADLI NE I<'OR ACTION ON PE'l'l- 12 'l'IONS.-Th e Admini strat or shaJl act on 13 any petjtion submitt ed by a small refinery 14 for a hard ship exemption not lat er than 90 15 days aft er th e receipt of th e petition. 16 " (C) CR EDI'!' PROGRA i\L-If a small refin- 17 ery notifi es th e Adminj strator t hat it waives th e 18 exempt ion provided by thi s Act , the regulat ions 19 shall pr ovide for t he generat ion of credit s by 20 th e small refinery begirn1ing m th e year fol- 21 lmv:ing such notification. 22 "(D) OP'l'-1 N F'0R SiV(ALl , REIo'I NEHS .-A 23 small refinery shall be subj ect to th e requir e- 24 ment s of this section if it notifi es the Adminis- oHR 6 EH AMERICA!\ pVERSIGHT 717 CEQ050FY18091 _000000439 CEQ-18-0173-C-000755 716 1 trator that it v;raives th e exemption und er sub- 2 par agraph (A). 3 "(12) 4 ETH ANOL l\W:Uilll ' CONCENl 'RATION ANALY SIS .- 5 "(A) A.t'\fALYSIS .- 6 "( i) I N GENERi\L .- Not lat er than 7 180 days aft er the dat e of enactm ent of 8 thi s subsection , and am1ually th ereaft er , 9 th e F ederal Trad e Commission shall per- 10 form a mark et concentra tion analysis of 11 the eth anol pr oduction industry using the 12 Il erfindahJ-Hir schrnan Ind ex to determin e 13 wheth er th ere is sufficient 14 among indu stry parti cipant s to avoid pri ce 15 settin g and other anti.competiti ve behavior. "( ii) SCORING.-For 16 competition th e purp ose of 17 scormg 18 H erfindahJ -Hir schman 19 ketin g arran gement s arnoug indu stry par- 20 ticipant s shall be considered. 21 " (B) RBPOH :r.-Not und er clause (i) u smg Ind ex, all th e mar - lat er than December 22 1, 200 5, and annuall y th ereafter , th e F ederal 23 rrrade Commission shall submit to CongTess 24 and th e Administrat or a report on th e result s oHR 6 EH AMERICA!\ pVERSIGHT 718 CEQ050FY18091 _000000439 CEQ-18-0173-C-000756 716 1 trator that it v;raives th e exemption und er sub- 2 par agraph (A). 3 "(12) 4 ETH ANOL l\W:Uilll ' CONCENl 'RATION ANALY SIS .- 5 "(A) A.t'\fALYSIS .- 6 "( i) I N GENERi\L .- Not lat er than 7 180 days aft er the dat e of enactm ent of 8 thi s subsection , and am1ually th ereaft er , 9 th e F ederal Trad e Commission shall per- 10 form a mark et concentra tion analysis of 11 the eth anol pr oduction industry using the 12 Il erfindahJ-Hir schrnan Ind ex to determin e 13 wheth er th ere is sufficient 14 among indu stry parti cipant s to avoid pri ce 15 settin g and other anti.competiti ve behavior. "( ii) SCORING.-For 16 competition th e purp ose of 17 scormg 18 H erfindahJ -Hir schman 19 ketin g arran gement s arnoug indu stry par- 20 ticipant s shall be considered. 21 " (B) RBPOH :r.-Not und er clause (i) u smg Ind ex, all th e mar - lat er than December 22 1, 200 5, and annuall y th ereafter , th e F ederal 23 rrrade Commission shall submit to CongTess 24 and th e Administrat or a report on th e result s oHR 6 EH AMERICA!\ pVERSIGHT 718 CEQ050FY18091 _000000439 CEQ-18-0173-C-000756 717 1 of th e rnarket concentrat ion analysis perform ed 2 under subparagr aph (A)(i)." . 3 (b) PE NAI/ rI ES AND E NFO RCEl\IE NT .- Section 4 211(d) of the Clean Air Act (42 U.S.C. 7545( cl)) is 5 amended as follows: (1) In par agraph (1)- 6 7 (A) in the first sent ence, by strikin g "or 8 (n)" each place it appears and insertin g "( n) , 9 or (o)"; and (B) in the second sent ence, by striking "or 10 11 (m)" and inserting "( m ), or (o)". 12 (2) In the first sent ence of para graph (2), by 13 striking "an d (n )" each place it appea rs and insert- 14 ing "( n ), and (o)". 15 (c) SUR\TEY OF RE NEWABLE FUEL l\/L\liKE'l'.- 16 (]) SURVEYAND REP0R'r.-Not later than De- 17 cernber 1, 2006, and annuall y thereafter, t he Admin- 18 istrator of the Environn1cntal Prot ection Agency (in 19 consultation with t he Secretai-y of E nergy acting 20 through the Administ rator of the En ergy Informa- 21 tion Admirustration) shall- 22 (A) condu ct, ,~~th respect to each conven- 23 tiona l gasoline use area and each refor mulated 24 gasoline use area in each State, a survey to de- 25 termin e the mark et shares of- oHR 6 EH AMERICA!\ pVERSIGHT 719 CEQ050FY18091 _000000439 CEQ-18-0173-C-000757 717 1 of th e rnarket concentrat ion analysis perform ed 2 under subparagr aph (A)(i)." . 3 (b) PE NAI/ rI ES AND E NFO RCEl\IE NT .- Section 4 211(d) of the Clean Air Act (42 U.S.C. 7545( cl)) is 5 amended as follows: (1) In par agraph (1)- 6 7 (A) in the first sent ence, by strikin g "or 8 (n)" each place it appears and insertin g "( n) , 9 or (o)"; and (B) in the second sent ence, by striking "or 10 11 (m)" and inserting "( m ), or (o)". 12 (2) In the first sent ence of para graph (2), by 13 striking "an d (n )" each place it appea rs and insert- 14 ing "( n ), and (o)". 15 (c) SUR\TEY OF RE NEWABLE FUEL l\/L\liKE'l'.- 16 (]) SURVEYAND REP0R'r.-Not later than De- 17 cernber 1, 2006, and annuall y thereafter, t he Admin- 18 istrator of the Environn1cntal Prot ection Agency (in 19 consultation with t he Secretai-y of E nergy acting 20 through the Administ rator of the En ergy Informa- 21 tion Admirustration) shall- 22 (A) condu ct, ,~~th respect to each conven- 23 tiona l gasoline use area and each refor mulated 24 gasoline use area in each State, a survey to de- 25 termin e the mark et shares of- oHR 6 EH AMERICA!\ pVERSIGHT 719 CEQ050FY18091 _000000439 CEQ-18-0173-C-000757 718 1 (i) convention al gasoline contain ing 2 ethano l; 3 (ii) reformulated gasoline containing ethano l; 4 (iii) conventi onal gasoline cont aining 5 6 renewable fuel; and 7 (iv) reformulat ed gasoline containing 8 renewable fuel; and 9 (B) subrn.it to Congress, and make publicly 10 available, a report on th e results of th e survey 11 under subparag raph (A). 12 (2) R ECORD IGDBPING AN D REPOR'l'I NG RU; - 13 QUIH.El\U DN'l'S.-rrh e Administ rator of the En viron- 14 mental Pr otection Agency (hereinafter in t his sub- 15 section referr ed to as th e "Administrator ") may re- 16 quir e any refine r, blender, or import er to keep such 17 records and make such report s as ar e necessary to 18 ensur e that th e sur vey conducted under parag raph 19 (1) is accurat e. The Administrator, to avoid duplica- 20 tivc requir ement s, shall rely, to the CJ\.'ic nt pra c- 21 ticable, on existing reportin g and recordk eepi ng re- 22 quirements and other inform ation available to th e 23 Administ rator including gasoline distribution pat- 24 tern s that include multistat e use ar eas. oHR 6 EH AMERICA!\ pVERSIGHT 720 CEQ050FY18091_000000439 CEQ-18-0173-C-000758 718 1 (i) convention al gasoline contain ing 2 ethano l; 3 (ii) reformulated gasoline containing ethano l; 4 (iii) conventi onal gasoline cont aining 5 6 renewable fuel; and 7 (iv) reformulat ed gasoline containing 8 renewable fuel; and 9 (B) subrn.it to Congress, and make publicly 10 available, a report on th e results of th e survey 11 under subparag raph (A). 12 (2) R ECORD IGDBPING AN D REPOR'l'I NG RU; - 13 QUIH.El\U DN'l'S.-rrh e Administ rator of the En viron- 14 mental Pr otection Agency (hereinafter in t his sub- 15 section referr ed to as th e "Administrator ") may re- 16 quir e any refine r, blender, or import er to keep such 17 records and make such report s as ar e necessary to 18 ensur e that th e sur vey conducted under parag raph 19 (1) is accurat e. The Administrator, to avoid duplica- 20 tivc requir ement s, shall rely, to the CJ\.'ic nt pra c- 21 ticable, on existing reportin g and recordk eepi ng re- 22 quirements and other inform ation available to th e 23 Administ rator including gasoline distribution pat- 24 tern s that include multistat e use ar eas. oHR 6 EH AMERICA!\ pVERSIGHT 720 CEQ050FY18091_000000439 CEQ-18-0173-C-000758 719 1 (3) AJ>PLICABLE LA'vV.-A ctivities car ried out 2 und er this subsection shall be condu cted in a man- 3 ner desig11eclto protect confidentialit y of individual 4 respon ses . 5 6 SEC. 1502. FUELS SAFE HARBOR. (a) I N GENERAL.-Notwith standin g any oth er provi- 7 sion of F ederal or State law, no renewable fuel, as defined 8 by section 211(o)(l) of the Clean Air Act , or meth yl tcr- 9 tiar y but yl ethe r (hereaft er in this section r eferred to as 10 "M TBE "), used or int ended to be u sed as a motor vehicle 11 fuel, nor any motor vehicle fuel containin g such renewable 12 fue l or JY I'I1BE, shall be deemed a defective produ ct by vir13 tu e of th e fact that it is, or cont ains, such a renewable 14 fuel or 1\I IrrBE , if it does not violat e a control or prohib i- 15 tion imposed by th e Ad n:unistrator of the Environm ental 16 Prot ection Agency (hereinafter in thi s section r eferr ed to 17 as the "Admini st rat or ") und er section 21 1 of such Act, 18 and the manufa ctur er is in complian ce with all requests 19 for information under sub section (b) of such section 211 20 of such Act . I f the safe harbor provid ed by this section 21 does not apply, th e exist ence of a claim of defective prod 22 u ct sha ll be determin ed und er otherwise applicab le law. 23 Not hin g in this subsection shall be constru ed to affect th e 24 liability of any person for envirom11ental 1?emed.iation cost s, 25 drinking ?water contamination , negligence for spills or oHR 6 EH AMERICA!\ pVERSIGHT 721 CEQ050FY18091 _000000439 CEQ-18-0173-C-000759 719 1 (3) AJ>PLICABLE LA'vV.-A ctivities car ried out 2 und er this subsection shall be condu cted in a man- 3 ner desig11eclto protect confidentialit y of individual 4 respon ses . 5 6 SEC. 1502. FUELS SAFE HARBOR. (a) I N GENERAL.-Notwith standin g any oth er provi- 7 sion of F ederal or State law, no renewable fuel, as defined 8 by section 211(o)(l) of the Clean Air Act , or meth yl tcr- 9 tiar y but yl ethe r (hereaft er in this section r eferred to as 10 "M TBE "), used or int ended to be u sed as a motor vehicle 11 fuel, nor any motor vehicle fuel containin g such renewable 12 fue l or JY I'I1BE, shall be deemed a defective produ ct by vir13 tu e of th e fact that it is, or cont ains, such a renewable 14 fuel or 1\I IrrBE , if it does not violat e a control or prohib i- 15 tion imposed by th e Ad n:unistrator of the Environm ental 16 Prot ection Agency (hereinafter in thi s section r eferr ed to 17 as the "Admini st rat or ") und er section 21 1 of such Act, 18 and the manufa ctur er is in complian ce with all requests 19 for information under sub section (b) of such section 211 20 of such Act . I f the safe harbor provid ed by this section 21 does not apply, th e exist ence of a claim of defective prod 22 u ct sha ll be determin ed und er otherwise applicab le law. 23 Not hin g in this subsection shall be constru ed to affect th e 24 liability of any person for envirom11ental 1?emed.iation cost s, 25 drinking ?water contamination , negligence for spills or oHR 6 EH AMERICA!\ pVERSIGHT 721 CEQ050FY18091 _000000439 CEQ-18-0173-C-000759 720 1 other reasonably foreseeable events, publi c or pri vat e nui- 2 sance, tr espass, br each of warranty , breach of contra ct , 3 or any other liability other thau liability based upon a 4 claim of defective produ ct. 5 (b) EFFE C'l'IVE DA'l'E.- Thi s section shall be effcc- 6 tive as of September 5, 200 3, and shall. apply "'~th respect 7 to all claims filed on or after that date. 8 9 SEC. 1503. FINDINGS AND MTBE TRANSITION ASSISTANCE. (a) FI NDINGS.- Congr ess finds that- 10 (1) since 1979 , methyl tertia ry butyl ether 11 (hereinaft er in this section referr ed to as "1\/ITBE ") 12 has been u sed 11ationwide at low levels in gasoline to 13 replace lead as an octane boost er or ant i-kn ocking 14 age11t; (2) Publi c La w 101-549 (corn.manly known as 15 16 the "Clean .J\jr Act Amendments of 1990 ") (42 17 U.S.C. 7401 et seq .) established a fuel OA"yge nate 18 st andard und er which reformulat ed gasoline must 19 contain at least 2 percent OA"Jgcnby weight; (3) at the time of the adoption of the fuel o:x-y- 20 21 gen standard , Congress was aware th at significant 22 use of lVITBE would result from the adoption of that 23 I1,BE vwuld likely be sta ndard , and that the use of 1V 24 important 25 that program ; to th e cost -effective implementation of oHR 6 EH AMERICA!\ pVERSIGHT 722 CEQ050FY18091 _000000439 CEQ-18-0173-C-000760 720 1 other reasonably foreseeable events, publi c or pri vat e nui- 2 sance, tr espass, br each of warranty , breach of contra ct , 3 or any other liability other thau liability based upon a 4 claim of defective produ ct. 5 (b) EFFE C'l'IVE DA'l'E.- Thi s section shall be effcc- 6 tive as of September 5, 200 3, and shall. apply "'~th respect 7 to all claims filed on or after that date. 8 9 SEC. 1503. FINDINGS AND MTBE TRANSITION ASSISTANCE. (a) FI NDINGS.- Congr ess finds that- 10 (1) since 1979 , methyl tertia ry butyl ether 11 (hereinaft er in this section referr ed to as "1\/ITBE ") 12 has been u sed 11ationwide at low levels in gasoline to 13 replace lead as an octane boost er or ant i-kn ocking 14 age11t; (2) Publi c La w 101-549 (corn.manly known as 15 16 the "Clean .J\jr Act Amendments of 1990 ") (42 17 U.S.C. 7401 et seq .) established a fuel OA"yge nate 18 st andard und er which reformulat ed gasoline must 19 contain at least 2 percent OA"Jgcnby weight; (3) at the time of the adoption of the fuel o:x-y- 20 21 gen standard , Congress was aware th at significant 22 use of lVITBE would result from the adoption of that 23 I1,BE vwuld likely be sta ndard , and that the use of 1V 24 important 25 that program ; to th e cost -effective implementation of oHR 6 EH AMERICA!\ pVERSIGHT 722 CEQ050FY18091 _000000439 CEQ-18-0173-C-000760 721 1 ( 4) Congress vvas avvare that gasoline and its 2 component additives can and do leak from stora ge 3 tanks; 4 ( 5) the fuel indu stry responded to the fuel ox.'Y- 5 genate sta ndard establi shed by Publi c Law 101- 549 6 by making sub stantial investm ent s in- 7 (A) iVY I1BE product ion capacity; and 8 (B) systems to deliver MTBE- contain ing 9 gasoline to th e marketplace; 10 11 ( 6) having previously requir ed OA'Ygenatcslike l\lITBE for air qualit y purp oses, Congress ha s- 12 (A) reconsidered th e relative value of 13 l\[~rBE in gasoline; 14 (B) decided to establi sh a elate certain for 15 action by the En v:iroru11 ental Prot ection Agency 16 to prohibit th e u se of 1Vrl1BEin gasoline; and 17 (C) decided to provide for the e)jminat ion 18 of the OA'Ygcnaterequir ement for reformulat ed 19 gasoline and to pl'Ovide for a renewable fuels 20 conten t requi rement for motor fuel; and 21 (7) it is appr opriat e for Congress to provide 22 some limit ed tran sition ass istan cc- 23 (A) to mercha nt produce rs of MrrBE who 24 produ ced l\l[TBE in response to a mar ket er e- oHR 6 EH AMERICA!\ pVERSIGHT 723 CEQ050FY18091 _000000439 CEQ-18-0173-C-000761 721 1 ( 4) Congress vvas avvare that gasoline and its 2 component additives can and do leak from stora ge 3 tanks; 4 ( 5) the fuel indu stry responded to the fuel ox.'Y- 5 genate sta ndard establi shed by Publi c Law 101- 549 6 by making sub stantial investm ent s in- 7 (A) iVY I1BE product ion capacity; and 8 (B) systems to deliver MTBE- contain ing 9 gasoline to th e marketplace; 10 11 ( 6) having previously requir ed OA'Ygenatcslike l\lITBE for air qualit y purp oses, Congress ha s- 12 (A) reconsidered th e relative value of 13 l\[~rBE in gasoline; 14 (B) decided to establi sh a elate certain for 15 action by the En v:iroru11 ental Prot ection Agency 16 to prohibit th e u se of 1Vrl1BEin gasoline; and 17 (C) decided to provide for the e)jminat ion 18 of the OA'Ygcnaterequir ement for reformulat ed 19 gasoline and to pl'Ovide for a renewable fuels 20 conten t requi rement for motor fuel; and 21 (7) it is appr opriat e for Congress to provide 22 some limit ed tran sition ass istan cc- 23 (A) to mercha nt produce rs of MrrBE who 24 produ ced l\l[TBE in response to a mar ket er e- oHR 6 EH AMERICA!\ pVERSIGHT 723 CEQ050FY18091 _000000439 CEQ-18-0173-C-000761 722 1 ated by th e 0)..'-ygenaterequir ement contain ed in 2 th e Clean Air Act; and 3 (B) for th e purpo se of mitigating any fuel 4 supply problems that may result from th e elirn.i- 5 nation of the oxygenate requir ement for refor- 6 mulat ed gasoline and from th e decision to es- 7 tabli sh a dat e certa in for action by th e Environ- 8 mental Prot ection Agency to prohibit th e use of 9 l\lITBE in gasoline. 10 (b) P URPOSES.- The purpo se of this section 1s to 11 provide assista nce to merchant producers of lV ITBE 111 12 mak ing th e transition from produ cing l\lirrBE to produ cing 13 other fuel additives. 14 (c) MTBE Mu;RCJ-JANT PROD UCER CONV ERSION .A. s- 15 STS'l'ANCE .-S ection 21 ] (c) of th e Clean Air Act (42 16 U.S.C. 7545(c)) is amended by addin g at th e end th e fol- 17 lowing: 18 19 "(5) MTBE l\IER CH AN'l' PRODUC ER CO:NVER- SION ASS IS'l'.1-\J~CE. - 20 "(A) L~ GENERAL.- "( i) GHAN'l'S.-'rhe Secretary of En - 21 22 ergy, 23 trator, may mak e grants to merchant pro- 24 ducers of methyl t ert iary butyl ether (here- 25 inaft cr in th.is subsection referred to as 111 consult at ion ,;i,~th the Admjnis- oHR 6 EH AMERICA!\ pVERSIGHT 724 CEQ050FY18091 _000000439 CEQ-18-0173-C-000762 722 1 ated by th e 0)..'-ygenaterequir ement contain ed in 2 th e Clean Air Act; and 3 (B) for th e purpo se of mitigating any fuel 4 supply problems that may result from th e elirn.i- 5 nation of the oxygenate requir ement for refor- 6 mulat ed gasoline and from th e decision to es- 7 tabli sh a dat e certa in for action by th e Environ- 8 mental Prot ection Agency to prohibit th e use of 9 l\lITBE in gasoline. 10 (b) P URPOSES.- The purpo se of this section 1s to 11 provide assista nce to merchant producers of lV ITBE 111 12 mak ing th e transition from produ cing l\lirrBE to produ cing 13 other fuel additives. 14 (c) MTBE Mu;RCJ-JANT PROD UCER CONV ERSION .A. s- 15 STS'l'ANCE .-S ection 21 ] (c) of th e Clean Air Act (42 16 U.S.C. 7545(c)) is amended by addin g at th e end th e fol- 17 lowing: 18 19 "(5) MTBE l\IER CH AN'l' PRODUC ER CO:NVER- SION ASS IS'l'.1-\J~CE. - 20 "(A) L~ GENERAL.- "( i) GHAN'l'S.-'rhe Secretary of En - 21 22 ergy, 23 trator, may mak e grants to merchant pro- 24 ducers of methyl t ert iary butyl ether (here- 25 inaft cr in th.is subsection referred to as 111 consult at ion ,;i,~th the Admjnis- oHR 6 EH AMERICA!\ pVERSIGHT 724 CEQ050FY18091 _000000439 CEQ-18-0173-C-000762 723 1 1 2 pr oducers jn th e conversion of eljgible p1?0- 3 duction faciliti es describ ed in subpara - 4 grap h (C) to th e pro duction of iso-octan e, 5 1able fuels. iso-octene, alkylat es, or renC\i\ Nirr BE ') in th e Unit ed States to assist the 6 ''( ii ) DE'l'ERJV JINA'l'fON.-Th e Admin - 7 istrat or , in consultation ?with th e Secretary 8 of En erg_ y, may determ ine that tran sition 9 assistan ce for the production of iso-octan c, 10 iso-octene, alkylat es, or rcne,,vable fuels is 11 inconsistent vvith th e provisions of sub- 12 para gTaph (B) and , on th at basis, may 13 deny application s for grant s auth orized by 14 this para graph. 15 "(B) F UR' L'HE R GRANTS.-The Secretary 16 of En ergy, in consult ation "rith the Adminis- 17 trator, may also furth er make grant s to mer - 18 chan t producers of MTBE in th e Unit ed Stat es 19 to assist the producers in the conversion of eli- 20 gible production faciliti es descr ibed in subpara- 21 graph (C) to the produ ction of such other fuel 22 additives (unless th e Administrato r determin es 23 that such fuel additives may reasonably b e an- 24 ticipated t o endan ger public health or the envi- 25 ronment ) that , consistent with thi s sub section- oHR 6 EH AMERICA!\ pVERSIGHT 725 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000763 723 1 1 2 pr oducers jn th e conversion of eljgible p1?0- 3 duction faciliti es describ ed in subpara - 4 grap h (C) to th e pro duction of iso-octan e, 5 1able fuels. iso-octene, alkylat es, or renC\i\ Nirr BE ') in th e Unit ed States to assist the 6 ''( ii ) DE'l'ERJV JINA'l'fON.-Th e Admin - 7 istrat or , in consultation ?with th e Secretary 8 of En erg_ y, may determ ine that tran sition 9 assistan ce for the production of iso-octan c, 10 iso-octene, alkylat es, or rcne,,vable fuels is 11 inconsistent vvith th e provisions of sub- 12 para gTaph (B) and , on th at basis, may 13 deny application s for grant s auth orized by 14 this para graph. 15 "(B) F UR' L'HE R GRANTS.-The Secretary 16 of En ergy, in consult ation "rith the Adminis- 17 trator, may also furth er make grant s to mer - 18 chan t producers of MTBE in th e Unit ed Stat es 19 to assist the producers in the conversion of eli- 20 gible production faciliti es descr ibed in subpara- 21 graph (C) to the produ ction of such other fuel 22 additives (unless th e Administrato r determin es 23 that such fuel additives may reasonably b e an- 24 ticipated t o endan ger public health or the envi- 25 ronment ) that , consistent with thi s sub section- oHR 6 EH AMERICA!\ pVERSIGHT 725 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000763 724 1 "( i) have been regist ered and have 2 been tested or ar e being tested in accord- 3 ance with the rcquil-emcnts of thi s section; 4 and 5 "( ii) will contribut e to replacing gaso- 6 line volumes Jost as a result of amend- 7 ment s made to subsection (k) of thi s sec- 8 tion by section 1504(a ) and 1506 of the 9 En ergy Policy Act of 200 5. "(C) 10 ELIGIBLE PROD UCTIO N F'ACILI- pr oduction facility shall be eligible to 11 TIE S .- A 12 receive a grant und er thi s par agraph if th e pr o- 13 duction facility- 14 " (i) is locat ed m th e Unit ed States; and 15 16 "( ij) produced 1\/I'rBE for consmnp- 17 tion before April 1, 200 3 and ceased pro- 18 duction at any tim e after th e date of en- 19 actment of thi s para graph . 20 "(D) A U'fIIORIZ ATION OF APPROPRIA - 21 TIONS.-'l1h ere ar e auth orized to be appr o- 22 priat ed 23 $250,000 ,000 for each of fiscal years 200 5 24 throu gh 2012 , to remain available un til ex- 25 pended." . to carr y out this par agraph oHR 6 EH AMERICA!\ pVERSIGHT 726 CEQ050FY18091 _000000439 CEQ-18-0173-C-000764 724 1 "( i) have been regist ered and have 2 been tested or ar e being tested in accord- 3 ance with the rcquil-emcnts of thi s section; 4 and 5 "( ii) will contribut e to replacing gaso- 6 line volumes Jost as a result of amend- 7 ment s made to subsection (k) of thi s sec- 8 tion by section 1504(a ) and 1506 of the 9 En ergy Policy Act of 200 5. "(C) 10 ELIGIBLE PROD UCTIO N F'ACILI- pr oduction facility shall be eligible to 11 TIE S .- A 12 receive a grant und er thi s par agraph if th e pr o- 13 duction facility- 14 " (i) is locat ed m th e Unit ed States; and 15 16 "( ij) produced 1\/I'rBE for consmnp- 17 tion before April 1, 200 3 and ceased pro- 18 duction at any tim e after th e date of en- 19 actment of thi s para graph . 20 "(D) A U'fIIORIZ ATION OF APPROPRIA - 21 TIONS.-'l1h ere ar e auth orized to be appr o- 22 priat ed 23 $250,000 ,000 for each of fiscal years 200 5 24 throu gh 2012 , to remain available un til ex- 25 pended." . to carr y out this par agraph oHR 6 EH AMERICA!\ pVERSIGHT 726 CEQ050FY18091 _000000439 CEQ-18-0173-C-000764 725 1 SEC . 1504. USE OF MTBE. 2 (a) IN GENERJ\L.-Su bject to sub section s (e) and (f ), 3 not lat er than December 31, 2014, th e use of methyl ter 4 tiary bu tyl ether (hereinafter in this section referr ed to 5 as "l\iITBE ") in motor vehicle fuel in any Stat e oth er than 6 a Stat e describ ed in subsection (c) is pr ohibit ed. 7 (b) REGULA'l'IONS.- rrl 1e Admini stra t or of th e En vi- 8 ronm ent al P rotection Agency (hereaft er r eferr ed to in this 9 section as th e "Admini strat or " ) sha ll promulgat e regula10 tion s to effect the prohibiti on in sub section (a). 11 (c) STATES TIIA'r AUTIIORIZE USE.- A Sta te de- 12 scribed in this subsection is a Stat e in which the Governor 13 of the Stat e submit s a notifi cation to the Admini strator 14 authorizin g the use of l\lI1'BE in motor vehicle fuel sold 15 or used in th e Stat e . 16 (d) PUBLICATION OF NOTICE.- The Admini strator 17 shall publi sh in the F ederal Regist er each notice submitt ed 18 by a Stat e und er sub section (c). 19 (e) rl"'RACE QUJ\NTl'fTES.-ln carr ying out sub section 20 (a) , the Administrat or may allow tra ce quan titi es of 21 1\/I TBE , not to exceed 0.5 per cent by volum e, to be pr esent 22 in mot or vehicle fuel in cases that the Admin istrator deter 23 mines to be appropriat e. 24 (f) LIMITA'I'lON__ rrhe Adm inistrat or , und er auth or - 25 ity of sub section (a ), shall not pr ohibit or contro l th e pr o- oHR 6 EH AMERICA!\ pVERSIGHT 727 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000765 725 1 SEC . 1504. USE OF MTBE. 2 (a) IN GENERJ\L.-Su bject to sub section s (e) and (f ), 3 not lat er than December 31, 2014, th e use of methyl ter 4 tiary bu tyl ether (hereinafter in this section referr ed to 5 as "l\iITBE ") in motor vehicle fuel in any Stat e oth er than 6 a Stat e describ ed in subsection (c) is pr ohibit ed. 7 (b) REGULA'l'IONS.- rrl 1e Admini stra t or of th e En vi- 8 ronm ent al P rotection Agency (hereaft er r eferr ed to in this 9 section as th e "Admini strat or " ) sha ll promulgat e regula10 tion s to effect the prohibiti on in sub section (a). 11 (c) STATES TIIA'r AUTIIORIZE USE.- A Sta te de- 12 scribed in this subsection is a Stat e in which the Governor 13 of the Stat e submit s a notifi cation to the Admini strator 14 authorizin g the use of l\lI1'BE in motor vehicle fuel sold 15 or used in th e Stat e . 16 (d) PUBLICATION OF NOTICE.- The Admini strator 17 shall publi sh in the F ederal Regist er each notice submitt ed 18 by a Stat e und er sub section (c). 19 (e) rl"'RACE QUJ\NTl'fTES.-ln carr ying out sub section 20 (a) , the Administrat or may allow tra ce quan titi es of 21 1\/I TBE , not to exceed 0.5 per cent by volum e, to be pr esent 22 in mot or vehicle fuel in cases that the Admin istrator deter 23 mines to be appropriat e. 24 (f) LIMITA'I'lON__ rrhe Adm inistrat or , und er auth or - 25 ity of sub section (a ), shall not pr ohibit or contro l th e pr o- oHR 6 EH AMERICA!\ pVERSIGHT 727 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000765 726 1 duction of wr r BE for export from th e United Stat es or 2 for any other u se other tha,n for use in motor vehicle fuel. 3 (g) EFFE CT ON STATE LAW.- 'l"'he amendment s 4 mad e by thi s title have no effect regarding any available 5 authorit y of Stat es t o limit the u se of methyl tertiar y but yl 6 eth er in motor vehjcJe fuel. 7 SEC. 1505. NATIONAL ACADEMY OF SCIENCES REVIEW AND 8 PRESIDENTIAL DETERMINATION. 9 (a) NA.S REVIEW.- Not later than 1\/ fay 31, 2013, th e 10 Secretar y shall ent er int o an arrang ement wit h th e Na11 tional Academy of Sciences to review th e use of methyl 12 tertiar y butyl eth er (hereaft er referr ed to in this section 13 as "l\/ITBE " ) in fuel and fuel additives. The review shall 14 only use th e best available scientifi c information and data 15 collected by accepted meth ods or th e best available means. 16 The revievv shall examine th e use of MTBE in fuel and 17 fuel additi ves, significant beneficial and detrim entaJ ef18 fect s of thi s use on environmental qualit y or public health 19 or welfare including the costs and benefits of such effect s, 20 likely effect s of con trols or prohibitions on lV IrrBE rcgard 21 ing fuel availability and pr ice, and oth er appropriat e and 22 reasonable action s th at are available to prot ect the envi23 ronm ent or public health or welfare from any detrim ent al 24 effects of th e use of lVITBE in fuel or fuel addit ives. The 25 review shall be peer-r eviewed pr ior to publication and all oHR 6 EH AMERICA!\ pVERSIGHT 728 CEQ050FY18091_000000439 CEQ-18-0173-C-000766 726 1 duction of wr r BE for export from th e United Stat es or 2 for any other u se other tha,n for use in motor vehicle fuel. 3 (g) EFFE CT ON STATE LAW.- 'l"'he amendment s 4 mad e by thi s title have no effect regarding any available 5 authorit y of Stat es t o limit the u se of methyl tertiar y but yl 6 eth er in motor vehjcJe fuel. 7 SEC. 1505. NATIONAL ACADEMY OF SCIENCES REVIEW AND 8 PRESIDENTIAL DETERMINATION. 9 (a) NA.S REVIEW.- Not later than 1\/ fay 31, 2013, th e 10 Secretar y shall ent er int o an arrang ement wit h th e Na11 tional Academy of Sciences to review th e use of methyl 12 tertiar y butyl eth er (hereaft er referr ed to in this section 13 as "l\/ITBE " ) in fuel and fuel additives. The review shall 14 only use th e best available scientifi c information and data 15 collected by accepted meth ods or th e best available means. 16 The revievv shall examine th e use of MTBE in fuel and 17 fuel additi ves, significant beneficial and detrim entaJ ef18 fect s of thi s use on environmental qualit y or public health 19 or welfare including the costs and benefits of such effect s, 20 likely effect s of con trols or prohibitions on lV IrrBE rcgard 21 ing fuel availability and pr ice, and oth er appropriat e and 22 reasonable action s th at are available to prot ect the envi23 ronm ent or public health or welfare from any detrim ent al 24 effects of th e use of lVITBE in fuel or fuel addit ives. The 25 review shall be peer-r eviewed pr ior to publication and all oHR 6 EH AMERICA!\ pVERSIGHT 728 CEQ050FY18091_000000439 CEQ-18-0173-C-000766 727 1 supporting data and analyti cal models shall be avajlable 2 to th e public. rrhe review shall commence after May 31, 3 2013, and shall be completed no later th an l\[ay 31, 2014 . 4 (b) PRESIDENTIALDETER1\1I NATION.-Afte r cornple- 5 tion of th e review und er sub section (a) and no lat er than 6 Jun e 30, 2014 , th e President may mak e a determinat ion I'rBE to be implement ed 7 that restrictions on th e use of 1\/ 8 purs uant to section 1504 shalJ not tak e place and that 9 th e legal authorit y conta ined in section 1504 to pr ohibit 10 the use of 1\I IrrBE in motor vehicle fuel shall become null 11 and void. 12 SEC. 1506. ELIMINATION OF OXYGEN CONTENT REQUIRE 13 14 MENT FOR REFO RMULATED GASOLINE. (a) ELU vll NAT ION.- 15 (1) IN GENERAJ,.-Section 211 (k) of th e Clean 16 Air Act (42 U.S.C. 7545( k) ) is amended as follmvs: 17 (A) In para graph (2)- 18 (i) in the second sent ence of subpa ra- 19 grap h (A), by str iking ''(inc ludin g th e 20 gen content requir ement contain ed in sub- 21 para graph (B))"; OA'Y- 22 (ii) by striking subpara graph (B); and 23 (iii) by redesignat ing subp ara graph s 24 (C) and (D) as subpara graph s (B) and 25 (C), respectively. oHR 6 EH AMERICA!\ pVERSIGHT 729 CEQ050 FY18091_000000439 CEQ-18-0173-C-000767 727 1 supporting data and analyti cal models shall be avajlable 2 to th e public. rrhe review shall commence after May 31, 3 2013, and shall be completed no later th an l\[ay 31, 2014 . 4 NATION.-Afte r cornple(b) PRESIDENTIALDETER1\1I 5 tion of th e review und er sub section (a) and no lat er than 6 Jun e 30, 2014 , th e President may mak e a determinat ion I'rBE to be implement ed 7 that restrictions on th e use of 1\/ 8 purs uant to section 1504 shalJ not tak e place and that 9 th e legal authorit y conta ined in section 1504 to pr ohibit 10 the use of 1\I IrrBE in motor vehicle fuel shall become null 11 and void. 12 SEC. 1506. ELIMINATION OF OXYGEN CONTENT REQUIRE 13 14 MENT FOR REFO RMULATED GASOLINE. (a) ELU vll NAT ION.- 15 (1) IN GENERAJ,.-Section 211 (k) of th e Clean 16 Air Act (42 U.S.C. 7545( k) ) is amended as follmvs: 17 (A) In para graph (2)- 18 (i) in the second sent ence of subpa ra- 19 grap h (A), by str iking ''(inc ludin g th e 20 gen content requir ement contain ed in sub- 21 para graph (B))"; OA'Y- 22 (ii) by striking subpara graph (B); and 23 (iii) by redesignat ing subp ara graph s 24 (C) and (D) as subpara graph s (B) and 25 (C), respectively. oHR 6 EH AMERICA!\ pVERSIGHT 729 CEQ050 FY18091_000000439 CEQ-18-0173-C-000767 728 (B) 1 2 In parag Tap h (3)( A), by strikin g clau se (v). 3 (C) In paragraph (7)- 4 (i) in subpara graph (A)- 5 (I) by striking clause (i); and 6 (II) by r edesig11ating clau ses (ii) 7 and (iii) as clauses (i) and (ii), respec- 8 tively; and 9 (ii) in subparagraph (C)- 10 (I) by striking clause (ii). 11 (II ) by redesignat ing clau se (iii) 12 as cla.use (ii ) . 13 (2) EF FBC' rI VE DNl'K-r rh e amendme nt s mad e 14 by par agraph (1) tak e effect 270 days afte r th e dat e 15 of ena ctm ent of this Act, except that such amend- 16 ments shall tak e effect upon su ch dat e of ena ctm ent 17 in any Stat e th at has received a waiver und er scc- 18 tion 209( b) of t h e Clea n Air Act . 19 (b) l\lIAINTE NA1'\TCE OF 20 SION RED UC'l'IONS.-Sec 'ro:xrcAIR POLL U'l'AN'l' EMIS - ti on 211 (k)( l ) of t h e Clea n Air 21 Act (42 U .S.C. 7545(k)(l)) is amended as follows: 22 (] ) By strikin g "vVithin 1 year aft er the enact - 23 ment of th e Clean Air Act A.1nenclments of 1990 ," 24 and in se rtin g th e folloviring: oHR 6 EH AMERICA!\ pVERSIGHT 730 CEQ050FY18091 _000000439 CEQ-18-0173-C-000768 728 (B) 1 2 In parag Tap h (3)( A), by strikin g clau se (v). 3 (C) In paragraph (7)- 4 (i) in subpara graph (A)- 5 (I) by striking clause (i); and 6 (II) by r edesig11ating clau ses (ii) 7 and (iii) as clauses (i) and (ii), respec- 8 tively; and 9 (ii) in subparagraph (C)- 10 (I) by striking clause (ii). 11 (II ) by redesignat ing clau se (iii) 12 as cla.use (ii ) . 13 (2) EF FBC' rI VE DNl'K-r rh e amendme nt s mad e 14 by par agraph (1) tak e effect 270 days afte r th e dat e 15 of ena ctm ent of this Act, except that such amend- 16 ments shall tak e effect upon su ch dat e of ena ctm ent 17 in any Stat e th at has received a waiver und er scc- 18 tion 209( b) of t h e Clea n Air Act . 19 (b) l\lIAINTE NA1'\TCE OF 20 SION RED UC'l'IONS.-Sec 'ro:xrcAIR POLL U'l'AN'l' EMIS - ti on 211 (k)( l ) of t h e Clea n Air 21 Act (42 U .S.C. 7545(k)(l)) is amended as follows: 22 (] ) By strikin g "vVithin 1 year aft er the enact - 23 ment of th e Clean Air Act A.1nenclments of 1990 ," 24 and in se rtin g th e folloviring: oHR 6 EH AMERICA!\ pVERSIGHT 730 CEQ050FY18091 _000000439 CEQ-18-0173-C-000768 729 1 "(A) IN GJENERAL.-Not lat er than No- 2 vember 15, 1991 ," . 3 (2) By adding at the end the following: 4 "(B) l\lLUNTE NA1"1"CE OF 'I'OXIC AIR POL- 5 LUTANT 6 l\IULJ\'1' 1?D 7 E lV II SSIONS REDUCTIONS FROM REFOR- GASOUNK"(j) DEF'INI'l'IONS.-In th is subpara - 8 gntp h the ter m 'P ADD ' mean s a P etro- 9 leum Administrat ion for Defense Distr ict . "( ii) REGULATIONS REGARDING El\HS- 10 11 SIONS OF 'l'OXIC AIR POLLU'l'ANTS .- 12 later than 270 days after the dat e of en- 13 actm ent of thi s subparagraph the Adminis- 14 tr ator shall est ablish, for each refinery or 15 import er , standard s for toxic air pollutant s 16 from use of the reformulated gaso]jne pro- 17 duced or distributed by the refinery or im- 18 port er that maintain th e reduction of th e 19 average annual aggregate 20 toxic air pollutant s for reformulated gaso- 21 line produ ced or distribut ed by the refinery 22 or import er during calenda r years 1999 23 and 2000, determined on the basis of data 24 collect ed by the Admini strator with respect 25 to the refinery or import er. Not emissions of oHR 6 EH AMERICA!\ pVERSIGHT 731 CEQ050 FY18091_000000439 CEQ-18-0173-C-000769 729 1 "(A) IN GJENERAL.-Not lat er than No- 2 vember 15, 1991 ," . 3 (2) By adding at the end the following: 4 "(B) l\lLUNTE NA1"1"CE OF 'I'OXIC AIR POL- 5 LUTANT 6 l\IULJ\'1' 1?D 7 E lV II SSIONS REDUCTIONS FROM REFOR- GASOUNK"(j) DEF'INI'l'IONS.-In th is subpara - 8 gntp h the ter m 'P ADD ' mean s a P etro- 9 leum Administrat ion for Defense Distr ict . "( ii) REGULATIONS REGARDING El\HS- 10 11 SIONS OF 'l'OXIC AIR POLLU'l'ANTS .- 12 later than 270 days after the dat e of en- 13 actm ent of thi s subparagraph the Adminis- 14 tr ator shall est ablish, for each refinery or 15 import er , standard s for toxic air pollutant s 16 from use of the reformulated gaso]jne pro- 17 duced or distributed by the refinery or im- 18 port er that maintain th e reduction of th e 19 average annual aggregate 20 toxic air pollutant s for reformulated gaso- 21 line produ ced or distribut ed by the refinery 22 or import er during calenda r years 1999 23 and 2000, determined on the basis of data 24 collect ed by the Admini strator with respect 25 to the refinery or import er. Not emissions of oHR 6 EH AMERICA!\ pVERSIGHT 731 CEQ050 FY18091_000000439 CEQ-18-0173-C-000769 730 1 " (iii ) 2 8'l'ANDARDS APPLICABljE TO SPECIF'IC HEF'IN13:H.IBS OR Ii'vIPOR'l'ERS .- "(1) 3 APPLICABILITY OF STAND- 4 ARDS.- For any calendar year, the 5 standai?d s applicable to a refinery or 6 import er under clause (ii) shall apply 7 to the quantity of gasoline produced 8 or dist ribut ed by th e refinery or im- 9 port e1?in th e calendar year only to th e 10 extent that the quantity is less than 11 or equal to the average annual quan- 12 tity of reformulat ed gasoline produced 13 or dist ribut ed by the refinery or im- 14 porter durin g calendar years 1999 15 and 2000. 16 "( Il) APPLICABlIA'l'Y OF O'l'HJ~R 17 STANDARDS.-Fo r any calendar year , 18 the quantity of gasoline produced or 19 dist ribut ed by a refinery or importe r 20 that is in excess of the quantit y sub- 21 j ect to subclause (I) shall be subj ect 22 to standard s for toxic air pollut ant s 23 pro mulgated under subpar agra ph (A) 24 and paragraph (3)(B) . oHR 6 EH AMERICA!\ pVERSIGHT 732 CEQ050FY18091 _000000439 CEQ-18-0173-C-000770 730 1 " (iii ) 2 8'l'ANDARDS APPLICABljE TO SPECIF'IC HEF'IN13:H.IBS OR Ii'vIPOR'l'ERS .- "(1) 3 APPLICABILITY OF STAND- 4 ARDS.- For any calendar year, the 5 standai?d s applicable to a refinery or 6 import er under clause (ii) shall apply 7 to the quantity of gasoline produced 8 or dist ribut ed by th e refinery or im- 9 port e1?in th e calendar year only to th e 10 extent that the quantity is less than 11 or equal to the average annual quan- 12 tity of reformulat ed gasoline produced 13 or dist ribut ed by the refinery or im- 14 porter durin g calendar years 1999 15 and 2000. 16 "( Il) APPLICABlIA'l'Y OF O'l'HJ~R 17 STANDARDS.-Fo r any calendar year , 18 the quantity of gasoline produced or 19 dist ribut ed by a refinery or importe r 20 that is in excess of the quantit y sub- 21 j ect to subclause (I) shall be subj ect 22 to standard s for toxic air pollut ant s 23 pro mulgated under subpar agra ph (A) 24 and paragraph (3)(B) . oHR 6 EH AMERICA!\ pVERSIGHT 732 CEQ050FY18091 _000000439 CEQ-18-0173-C-000770 731 "( iv) 1 CR l:!}DIT PR.OGR Al\L-'r he Admin- 2 istrator shall prm~de for th e granting and 3 use of credits for emissions of toxic air pol- 4 lutants in the same manner as provided in 5 paragraph (7) . 6 "(v) 7 REGIO NAL PRO'L'EC'L'lON OF TOXI CS RED UCrl'lO N BASBLINES .- 8 "(l ) IN 0-ENERA J,.-Not later 9 than 60 days aft er the date of enact- 10 ment of thi s subparagraph , and not 11 lat er than April 1 of each calendar 12 year that begins aft er that dat e of en- 13 actment, the Administrat or shall pub- 14 lish in the F ederal Regi ster a report 15 that specifies, ,,~th respect to th e pre - 16 vious calendar year- 17 " (aa) th e quantit y of refor- 18 mulated gasoline produ ced tha t is 19 in excess of th e average am1ual 20 quantit y of reformulat ed gasoline 21 produced in 1999 and 2000 ; and 22 "( bb) th e reducti on of th e 23 avera ge annual aggTegate emis- 24 sions of toxic air pollutants in 25 each PADD , based on retail sur - oHR 6 EH AMERICA!\ pVERSIGHT 733 CEQ050FY18091 _000000439 CEQ-18-0173-C-000771 731 "( iv) 1 CR l:!}DIT PR.OGR Al\L-'r he Admin- 2 istrator shall prm~de for th e granting and 3 use of credits for emissions of toxic air pol- 4 lutants in the same manner as provided in 5 paragraph (7) . 6 "(v) 7 REGIO NAL PRO'L'EC'L'lON OF TOXI CS RED UCrl'lO N BASBLINES .- 8 "(l ) IN 0-ENERA J,.-Not later 9 than 60 days aft er the date of enact- 10 ment of thi s subparagraph , and not 11 lat er than April 1 of each calendar 12 year that begins aft er that dat e of en- 13 actment, the Administrat or shall pub- 14 lish in the F ederal Regi ster a report 15 that specifies, ,,~th respect to th e pre - 16 vious calendar year- 17 " (aa) th e quantit y of refor- 18 mulated gasoline produ ced tha t is 19 in excess of th e average am1ual 20 quantit y of reformulat ed gasoline 21 produced in 1999 and 2000 ; and 22 "( bb) th e reducti on of th e 23 avera ge annual aggTegate emis- 24 sions of toxic air pollutants in 25 each PADD , based on retail sur - oHR 6 EH AMERICA!\ pVERSIGHT 733 CEQ050FY18091 _000000439 CEQ-18-0173-C-000771 732 1 vey data or data from other ap- 2 propriate sour ces. 3 "( II ) EFFE CT OF F.AlL URE TO 4 l\[AlNTAlN 5 DUCTIONS .- If , in any calendar year , 6 th e reduct ion of th e average arn1ual 7 aggregate emissions of toA'ic air pol- 8 lutant s in a PADD fails to meet or 9 exceed the r eduction of th e average 10 annua l aggregat e emissions of toxic 11 air pollutant s in th e P ADD in cal- 12 endar years 1999 and 2000 , the Ad- 13 ministra tor, not lat er than 90 days 14 after th e dat e of publicat ion of th e re- 15 port for the calendar year und er sub- 16 clause (I ), shall- AGGREGA'rE TOXICS RE- 17 "(aa) identify , to the max- 18 imwn eA'tent pra cticable, th e rea- 19 sons for th e failure, including the 20 sources, volumes, and character- 21 istics of reformulat ed gasoline 22 that contribut ed to th e failur e; 23 and "( bb ) 1n-omulgate 24 revisions to t he regulation s p1?omulgated 25 oHR 6 EH AMERICA!\ pVERSIGHT 734 CEQ050FY18091 _000000439 CEQ-18-0173-C-000772 732 1 vey data or data from other ap- 2 propriate sour ces. 3 "( II ) EFFE CT OF F.AlL URE TO 4 l\[AlNTAlN 5 DUCTIONS .- If , in any calendar year , 6 th e reduct ion of th e average arn1ual 7 aggregate emissions of toA'ic air pol- 8 lutant s in a PADD fails to meet or 9 exceed the r eduction of th e average 10 annua l aggregat e emissions of toxic 11 air pollutant s in th e P ADD in cal- 12 endar years 1999 and 2000 , the Ad- 13 ministra tor, not lat er than 90 days 14 after th e dat e of publicat ion of th e re- 15 port for the calendar year und er sub- 16 clause (I ), shall- AGGREGA'rE TOXICS RE- 17 "(aa) identify , to the max- 18 imwn eA'tent pra cticable, th e rea- 19 sons for th e failure, including the 20 sources, volumes, and character- 21 istics of reformulat ed gasoline 22 that contribut ed to th e failur e; 23 and "( bb ) 1n-omulgate 24 revisions to t he regulation s p1?omulgated 25 oHR 6 EH AMERICA!\ pVERSIGHT 734 CEQ050FY18091 _000000439 CEQ-18-0173-C-000772 733 1 und er clau se (ii), to tak e effect 2 not earlier th an 180 days but not 3 later than 270 days aft er the 4 dat e of promulgation , to provide 5 that, 6 (iii)(II), all reformulated gasoline 7 produced or distribut ed at each 8 refinery or importer shall meet 9 the st andard s applicable under 10 clause (ii) not lat er than April 1 11 of th e year followin g th e report 12 in subclause (II) and for subse- 13 quent years. 14 "(vi) notwith standing REC ULA'l'fONS 'l'O clau se CON'l'ROL 15 I-l AZARDOUS 16 MO'l'OH. VEHICI,ES AND 17 ro,ug 1,s .- Not later than Ju ly 1, 2005, th e 18 Administrator shall promulgat e final regn- 19 lat ions to contr ol hazardous air pollutant s 20 from motor vehicles and motor vehicle 21 fuels, as provided for in section 80 .104 5 of 22 title 40, Code of F'ederal Regulations (as 23 in effect on the date of enact ment of th is 24 subpar agraph )." . AJR POLLU'l'AJ"\T 'J'S FROM l\'IO'J'OR VEHICJJE oHR 6 EH AMERICA!\ pVERSIGHT 735 CEQ050FY18091 _000000439 CEQ-18-0173-C-000773 733 1 und er clau se (ii), to tak e effect 2 not earlier th an 180 days but not 3 later than 270 days aft er the 4 dat e of promulgation , to provide 5 that, 6 (iii)(II), all reformulated gasoline 7 produced or distribut ed at each 8 refinery or importer shall meet 9 the st andard s applicable under 10 clause (ii) not lat er than April 1 11 of th e year followin g th e report 12 in subclause (II) and for subse- 13 quent years. 14 "(vi) notwith standing REC ULA'l'fONS 'l'O clau se CON'l'ROL 15 I-l AZARDOUS 16 MO'l'OH. VEHICI,ES AND 17 ro,ug 1,s .- Not later than Ju ly 1, 2005, th e 18 Administrator shall promulgat e final regn- 19 lat ions to contr ol hazardous air pollutant s 20 from motor vehicles and motor vehicle 21 fuels, as provided for in section 80 .104 5 of 22 title 40, Code of F'ederal Regulations (as 23 in effect on the date of enact ment of th is 24 subpar agraph )." . AJR POLLU'l'AJ"\T 'J'S FROM l\'IO'J'OR VEHICJJE oHR 6 EH AMERICA!\ pVERSIGHT 735 CEQ050FY18091 _000000439 CEQ-18-0173-C-000773 734 1 (c) CONSOL ID ATI ON I N REF'ORi\CUL J\Tl~D GA SOJJl NE 2 Rfi:GULA'l'IONS.- Not lat er than 180 days after th e dat e 3 of ena ctment of thi s Act, the Administrato r of th e Envi4 ronm ental Prot ection Agency shall revise the refor mulat ed 5 gasoline regulations und er subpart D of part 80 of title 6 40, Code of F ederal Regulation s, to consolidate th e regula7 tion s applicable to VOC-Control Regions 1 and 2 und er 8 section 80.41 of that titl e by eliminating th e less strin gent 9 requirem ents app licable to gasoline dcsig11ated for VOC10 Control Region 2 and instead applying th e more stringent 11 requir ement s applicable to gasoline designat ed for VOC- 12 Control Region 1. 13 (d) SAVlNGS Cl.iAUSE.-Nothin g in this section is in- 14 tended to affect or pr~judice either any legal c]ajms or ac- 15 tion s vvith respect to regulati ons promulgated by t he Ad- 16 ministrator of the Environm ental Prot ection Agency 17 (hereinafte r in thi s subsection r eferr ed to as t he "Admin- 18 istrator") prior to t he dat e of enactment of this Act re19 garding emissions of toxic air pollutant s from motor vehi- 2O cles or th e adju stment of standard s applicable to a specific 21 refinery or import er made und er su ch prior regulation s 22 and th e Adminis tra tor may apply such ac1ju stment s to th e 23 standard s applicable to such refinery or importer und er 24 clause (iii)(I ) of section 211 (k )(l )(B) of th e Clean Air Act, 25 except that - oHR 6 EH AMERICA!\ pVERSIGHT 736 CEQ050FY18091 _000000439 CEQ-18-0173-C-000774 734 1 (c) CONSOL ID ATI ON I N REF'ORi\CUL J\Tl~D GA SOJJl NE 2 Rfi:GULA'l'IONS.- Not lat er than 180 days after th e dat e 3 of ena ctment of thi s Act, the Administrato r of th e Envi4 ronm ental Prot ection Agency shall revise the refor mulat ed 5 gasoline regulations und er subpart D of part 80 of title 6 40, Code of F ederal Regulation s, to consolidate th e regula7 tion s applicable to VOC-Control Regions 1 and 2 und er 8 section 80.41 of that titl e by eliminating th e less strin gent 9 requirem ents app licable to gasoline dcsig11ated for VOC10 Control Region 2 and instead applying th e more stringent 11 requir ement s applicable to gasoline designat ed for VOC- 12 Control Region 1. 13 (d) SAVlNGS Cl.iAUSE.-Nothin g in this section is in- 14 tended to affect or pr~judice either any legal c]ajms or ac- 15 tion s vvith respect to regulati ons promulgated by t he Ad- 16 ministrator of the Environm ental Prot ection Agency 17 (hereinafte r in thi s subsection r eferr ed to as t he "Admin- 18 istrator") prior to t he dat e of enactment of this Act re19 garding emissions of toxic air pollutant s from motor vehi- 2O cles or th e adju stment of standard s applicable to a specific 21 refinery or import er made und er su ch prior regulation s 22 and th e Adminis tra tor may apply such ac1ju stment s to th e 23 standard s applicable to such refinery or importer und er 24 clause (iii)(I ) of section 211 (k )(l )(B) of th e Clean Air Act, 25 except that - oHR 6 EH AMERICA!\ pVERSIGHT 736 CEQ050FY18091 _000000439 CEQ-18-0173-C-000774 735 (1) th e Admini strator shall revise such adju st - 1 2 ments to be based only on calendar years 1999- 3 2000; and 4 (2) for adju stment s ba sed on toxic air pollutant 5 emissions from r eformulat ed gasoline significant ly 6 below th e national annua l average em_i ssions of toxic 7 air pollut ants from all reformu.lated gasoline, the 8 Admirust rator may revise such adjustments to tak e 9 accou nt of the scope of F ede1?al or State prohibitions 10 on th e use of met hyl t ertiar y butyl ether imposed 11 afte r the dat e of th e enactme nt of thi s paragraph, 12 except that any such adju stment shall requjre such 13 refiner or importer, to th e greatest 14 ticable, to maintain the redu ction achieved dur ing 15 calendar years 1999-2 000 in th e average annua l ag- 16 gregate emissions of toxic air pollutant s from refor- 17 mulat ed gasoline pr oduced or distributed by th e re - 18 finery or importer ; Provided, that any such adjust- 19 ment shall not be mad e at a level below the average 20 percentage of reductions of emissions of toxic air 21 pollutant s for reformul ated gasoline suppli ed to 22 PADD I durin g calendar years 1999 -2 000 . e:>.'ie nt pra c- 23 SEC. 1507. ANALYSES OF MOTOR VEHICLE FUEL CHANGES. 24 Section 211 of the Clean A.fr Act (42 U .S.C. 7545) 25 is amende d b)r insertin g after sub section (o) the following : oHR 6 EH AMERICA!\ pVERSIGHT 737 CEQ050FY18091 _000000439 CEQ-18-0173-C-000775 735 (1) th e Admini strator shall revise such adju st - 1 2 ments to be based only on calendar years 1999- 3 2000; and 4 (2) for adju stment s ba sed on toxic air pollutant 5 emissions from r eformulat ed gasoline significant ly 6 below th e national annua l average em_i ssions of toxic 7 air pollut ants from all reformu.lated gasoline, the 8 Admirust rator may revise such adjustments to tak e 9 accou nt of the scope of F ede1?al or State prohibitions 10 on th e use of met hyl t ertiar y butyl ether imposed 11 afte r the dat e of th e enactme nt of thi s paragraph, 12 except that any such adju stment shall requjre such 13 refiner or importer, to th e greatest 14 ticable, to maintain the redu ction achieved dur ing 15 calendar years 1999-2 000 in th e average annua l ag- 16 gregate emissions of toxic air pollutant s from refor- 17 mulat ed gasoline pr oduced or distributed by th e re - 18 finery or importer ; Provided, that any such adjust- 19 ment shall not be mad e at a level below the average 20 percentage of reductions of emissions of toxic air 21 pollutant s for reformul ated gasoline suppli ed to 22 PADD I durin g calendar years 1999 -2 000 . e:>.'ie nt pra c- 23 SEC. 1507. ANALYSES OF MOTOR VEHICLE FUEL CHANGES. 24 Section 211 of the Clean A.fr Act (42 U .S.C. 7545) 25 is amende d b)r insertin g after sub section (o) the following : oHR 6 EH AMERICA!\ pVERSIGHT 737 CEQ050FY18091 _000000439 CEQ-18-0173-C-000775 736 1 2 "( p) ANAINSgS OF 1\llO'l'OR VEIIICL.1ID AN D FUET.1 G H ANGES EMISSIONSl\1:0DEL.- 3 "(1) ANTI-BACKSLIDING ANALYSIS .- 4 "(A) A.1 '-J"ALYS IS.-No t later than 4 DRAF 'l' 5 years after the dat e of enactment of this sub- 6 section, the Administrator shall publish for pub- 7 lie comment a draft ana lysis of the chang es in 8 emissions of air pollutant s and air quality due 9 to th e u se of motor vehicle fuel and fuel addi- 10 tives resulting 11 amendments mad e by subtitl e A of tit le A.~T of 12 the En ergy Policy Act of 2005. from implementation of the 13 " (B) FINAL ANAJ_JYSIS.-Mter prmridin g a 14 reasonable opportu nity for comment but not 15 lat er than 5 year s aft er the date of enactm ent 16 of this para gTaph, the Administrator shall pub- 17 lish the analysis in final form. 18 "(2) EM ISSIONS MODEL.-Fo r th e ptu-po scs of 19 thi s sub section, as soon as the necessary data arc 20 availab le, th e Administr ator shall develop and final- 21 ize an emissions model that reasonab ly reflect s th e 22 effects of gasoline characteristics or components on 23 emissions from vehicles in the motor vehicle fleet 24 during calend ar yea r 2005 ." . oHR 6 EH AMERICA!\ pVERSIGHT 738 CEQ050FY18091 _000000439 CEQ-18-0173-C-000776 736 1 2 "( p) ANAINSgS OF 1\llO'l'OR VEIIICL.1ID AN D FUET.1 G H ANGES EMISSIONSl\1:0DEL.- 3 "(1) ANTI-BACKSLIDING ANALYSIS .- 4 "(A) A.1 '-J"ALYS IS.-No t later than 4 DRAF 'l' 5 years after the dat e of enactment of this sub- 6 section, the Administrator shall publish for pub- 7 lie comment a draft ana lysis of the chang es in 8 emissions of air pollutant s and air quality due 9 to th e u se of motor vehicle fuel and fuel addi- 10 tives resulting 11 amendments mad e by subtitl e A of tit le A.~T of 12 the En ergy Policy Act of 2005. from implementation of the 13 " (B) FINAL ANAJ_JYSIS.-Mter prmridin g a 14 reasonable opportu nity for comment but not 15 lat er than 5 year s aft er the date of enactm ent 16 of this para gTaph, the Administrator shall pub- 17 lish the analysis in final form. 18 "(2) EM ISSIONS MODEL.-Fo r th e ptu-po scs of 19 thi s sub section, as soon as the necessary data arc 20 availab le, th e Administr ator shall develop and final- 21 ize an emissions model that reasonab ly reflect s th e 22 effects of gasoline characteristics or components on 23 emissions from vehicles in the motor vehicle fleet 24 during calend ar yea r 2005 ." . oHR 6 EH AMERICA!\ pVERSIGHT 738 CEQ050FY18091 _000000439 CEQ-18-0173-C-000776 737 1 SEC. 1508. DATA COLLECTION. 2 Section 205 of the D epartm ent of Energy Organi za- 3 tion Act (42 U.S.C. 713 5) is amend ed by add ing at the 4 end the following : 5 "( m) RE N E\ VAB LE F U EL S SURVEY.-(1) I n ord er to 6 improve the ability to evaluat e the effectiveness of t he Na7 tion ' s renewable fuels mandat e, th e Administrator shall 8 conduct and publi sh th e r esult s of a surv ey of r enewable 9 fuels demand in the motor vehicle fuels mark et in the 10 Unjted States monthl y, and in a mann er designed to pro 11 tect th e confidentia lity of individual r esponses . In con12 du cting the sur vey, t he Administrator shall collect infor - 13 mation both on a national and regional bai;;is, includin g 14 each of the follmving: 15 "(A) 'r he quantit y of r enewable fuels pr oduced . 16 "( B) 'rh e quantit y of r enewable fuels blended. 17 "(C) "?he quantit y of renewab le fuels imported. 18 "( D) 19 Th e quantity of renewable fu e]s de- mand ed. 20 "( E ) Mark et pri ce data . 21 "( F ) Such other ana lyses or evalua tions as the 22 Admini st rator find s is necessary to achieve th e pur - 23 poses of thi s section. 24 "(2) Th e Administ r at or shall also collect or est imat e 25 information both on a nati onal and regional ba sis, pur su- oHR 6 EH AMERICA!\ pVERSIGHT 739 CEQ050FY18091 _000000439 CEQ-18-0173-C-000777 737 1 SEC. 1508. DATA COLLECTION. 2 Section 205 of the D epartm ent of Energy Organi za- 3 tion Act (42 U.S.C. 713 5) is amend ed by add ing at the 4 end the following : 5 "( m) RE N E\ VAB LE F U EL S SURVEY.-(1) I n ord er to 6 improve the ability to evaluat e the effectiveness of t he Na7 tion ' s renewable fuels mandat e, th e Administrator shall 8 conduct and publi sh th e r esult s of a surv ey of r enewable 9 fuels demand in the motor vehicle fuels mark et in the 10 Unjted States monthl y, and in a mann er designed to pro 11 tect th e confidentia lity of individual r esponses . In con12 du cting the sur vey, t he Administrator shall collect infor - 13 mation both on a national and regional bai;;is, includin g 14 each of the follmving: 15 "(A) 'r he quantit y of r enewable fuels pr oduced . 16 "( B) 'rh e quantit y of r enewable fuels blended. 17 "(C) "?he quantit y of renewab le fuels imported. 18 "( D) 19 Th e quantity of renewable fu e]s de- mand ed. 20 "( E ) Mark et pri ce data . 21 "( F ) Such other ana lyses or evalua tions as the 22 Admini st rator find s is necessary to achieve th e pur - 23 poses of thi s section. 24 "(2) Th e Administ r at or shall also collect or est imat e 25 information both on a nati onal and regional ba sis, pur su- oHR 6 EH AMERICA!\ pVERSIGHT 739 CEQ050FY18091 _000000439 CEQ-18-0173-C-000777 738 1 ant to subpara graph s (A) through (F) of para graph (1), 2 for th e 5 years prior to implementation of thi s subsection. 3 "(3) ,.r his subsection docs not affect th e authority of 4 th e Aclministrato r to collect data und er section 52 of the 5 F ederal En ergy Administrat ion Act of 1974 (15 U.S .C. 6 790a). " . 7 SEC . 1509. REDUCING THE PROLIFERATION OF STATE FUEL 8 9 CONTROLS. (a) EPA APPROVALOF STA'l'E PLAi'\lS "\iVITII F UEL 10 CON'rROLS.- Section 211(c)(4)(C) of the Clean J\.ir Act 11 (42 U.S.C. 7545(c)( 4)(C)) is amended by adding at the 12 end th e follm.\ring:"T he Administrator shall not approve 13 a. control or proh ibition respectin g th e use of a fuel or fuel 14 additive und er this subpa ragr aph unless the Adminis15 trator, aft er consuJtation virith the Secretar y of En ergy, 16 publishes in the F ederal Register a finding that , in the 17 Adn 1inistrator 's j udgment , such control or prohibition v,rill 18 not cause fuel supply or distribution int erruption s or have 19 a significant adverse impact on fuel produ cibility in the 20 affected area or contiguous areas." . 21 (b ) S'l'UDY.-,.rhe Administrat or of the Environ - 22 mental Prot ection Agency (hereinafter in th is subsection 23 referred to as the "Admini stra tor "), in cooperation ,.\rith 24 th e Secretary of En c1?gy, shall underta ke a stu dy of the 25 projected effects on air quality, the pro liferati on of fuel oHR 6 EH AMERICA!\ pVERSIGHT 740 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000778 738 1 ant to subpara graph s (A) through (F) of para graph (1), 2 for th e 5 years prior to implementation of thi s subsection. 3 "(3) ,.r his subsection docs not affect th e authority of 4 th e Aclministrato r to collect data und er section 52 of the 5 F ederal En ergy Administrat ion Act of 1974 (15 U.S .C. 6 790a). " . 7 SEC . 1509. REDUCING THE PROLIFERATION OF STATE FUEL 8 9 CONTROLS. (a) EPA APPROVALOF STA'l'E PLAi'\lS "\iVITII F UEL 10 CON'rROLS.- Section 211(c)(4)(C) of the Clean J\.ir Act 11 (42 U.S.C. 7545(c)( 4)(C)) is amended by adding at the 12 end th e follm.\ring:"T he Administrator shall not approve 13 a. control or proh ibition respectin g th e use of a fuel or fuel 14 additive und er this subpa ragr aph unless the Adminis15 trator, aft er consuJtation virith the Secretar y of En ergy, 16 publishes in the F ederal Register a finding that , in the 17 Adn 1inistrator 's j udgment , such control or prohibition v,rill 18 not cause fuel supply or distribution int erruption s or have 19 a significant adverse impact on fuel produ cibility in the 20 affected area or contiguous areas." . 21 (b ) S'l'UDY.-,.rhe Administrat or of the Environ - 22 mental Prot ection Agency (hereinafter in th is subsection 23 referred to as the "Admini stra tor "), in cooperation ,.\rith 24 th e Secretary of En c1?gy, shall underta ke a stu dy of the 25 projected effects on air quality, the pro liferati on of fuel oHR 6 EH AMERICA!\ pVERSIGHT 740 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000778 739 1 blends, fuel avaiJability, and fuel cost s of providing a pref2 erence for each of the foJlowing: (A) Reformulat ed gasoline referr ed to in sub- 3 4 secti on (k) of section 211 of the Clean Air Act. 5 (B) A low RVP gasoline blend tha t has been 6 ce1?tified by th e Ad"ministrator as having a Reid 7 Vapor Pr essur e of 7.0 pound s p er squar e inch (psi). 8 (C) A low RVP gasoline blend that ha s been 9 certifi ed by th e Administra t or as having a Reid 10 Vapor Pr essur e of 7.8 pound s per squar e inch (psi). 11 In carrying out such study, t he Administrat or shall obtain 12 comment s fr om affected parti es. The Adminjstr ator shall 13 submit th e result s of su ch study to th e CongTess not later 14 than 18 month s aft er th e dat e of enactm ent of thi s Act , 15 together ,vith any reco1n mended legislative chan ges. 16 SEC. 1510. FUEL SYSTEM REQUIREMENTS HARMONIZATION 17 18 STUDY. (a) S Tl DY .- 19 (1) IN GENERAL.- 'l1he Adininistra tor of the 20 En virorn11ental Protection Agency (hereinafter in 21 thi s section referr ed to as th e "Admirustr ator ") and 22 the Secretary of En ergy shall jointl y conduct a study 23 of F ederal, Stat e, and local requir ements concernin g 24 motor vehicle fuels, includin g- oHR 6 EH AMERICA!\ pVERSIGHT 741 CEQ050FY18091 _000000439 CEQ-18-0173-C-000779 739 1 blends, fuel avaiJability, and fuel cost s of providing a pref2 erence for each of the foJlowing: 3 4 (A) Reformulat ed gasoline referr ed to in subsecti on (k) of section 211 of the Clean Air Act. 5 (B) A low RVP gasoline blend tha t has been 6 ce1?tified by th e Ad"ministrator as having a Reid 7 Vapor Pr essur e of 7.0 pound s p er squar e inch (psi). 8 (C) A low RVP gasoline blend that ha s been 9 certifi ed by th e Administra t or as having a Reid 10 Vapor Pr essur e of 7.8 pound s per squar e inch (psi). 11 In carrying out such study, t he Administrat or shall obtain 12 comment s fr om affected parti es. The Adminjstr ator shall 13 submit th e result s of su ch study to th e CongTess not later 14 than 18 month s aft er th e dat e of enactm ent of thi s Act , 15 together ,vith any reco1n mended legislative chan ges. 16 SEC. 1510. FUEL SYSTEM REQUIREMENTS HARMONIZATION 17 18 STUDY. (a) S Tl DY .- 19 (1) IN GENERAL.- 'l1he Adininistra tor of the 20 En virorn11ental Protection Agency (hereinafter in 21 thi s section referr ed to as th e "Admirustr ator ") and 22 the Secretary of En ergy shall jointl y conduct a study 23 of F ederal, Stat e, and local requir ements concernin g 24 motor vehicle fuels, includin g- oHR 6 EH AMERICA!\ pVERSIGHT 741 CEQ050FY18091 _000000439 CEQ-18-0173-C-000779 740 1 (A) requir ement s relating to refor mulated 2 gasoline, volatility (measured in Reid vapor 3 pre ssure) , m... ygenatc cl fuel, and diesel :Encl; and 4 (B) other requir ements that vary from 5 State to State, region to region, or locality to 6 locality. 7 (2) 8 RE<~UIRED ELgMENTS.-' rh e study shall assess- 9 (A) the effect of the variety of rcqmr c- 10 mcnt s described in par agraph (1) on the supp ly, 11 quality, and price of motor vehicle fuels avail- 12 able to consumers in variou s States and local- 13 ities; (B) th e effect of the require ments de- 14 scribed in parag raph (1) on achievement of- 15 (i) national, regional, and local afr 16 17 quality sta ndard s and goals; and (ii) related environmental and public 18 19 health prot ection sta ndards and goals; 20 (C) the effect of F ederal, State, and local 21 motor vehicle fuel reg1.1lations, including mul- 22 tiple motor vehicle fuel requir en1ent s, on- 23 (i) domestic refineries; 24 (ii) t he fuel distribution system; and oHR 6 EH AMERICA!\ pVERSIGHT 742 CEQ050FY18091 _000000439 CEQ-18-0173-C-000780 740 1 (A) requir ement s relating to refor mulated 2 gasoline, volatility (measured in Reid vapor 3 pre ssure) , m... ygenatc cl fuel, and diesel :Encl; and 4 (B) other requir ements that vary from 5 State to State, region to region, or locality to 6 locality. 7 (2) 8 RE<~UIRED ELgMENTS.-' rh e study shall assess- 9 (A) the effect of the variety of rcqmr c- 10 mcnt s described in par agraph (1) on the supp ly, 11 quality, and price of motor vehicle fuels avail- 12 able to consumers in variou s States and local- 13 ities; (B) th e effect of the require ments de- 14 scribed in parag raph (1) on achievement of- 15 16 (i) national, regional, and local afr 17 quality sta ndard s and goals; and (ii) related environmental and public 18 19 health prot ection sta ndards and goals; 20 (C) the effect of F ederal, State, and local 21 motor vehicle fuel reg1.1lations, including mul- 22 tiple motor vehicle fuel requir en1ent s, on- 23 (i) domestic refineries; 24 (ii) t he fuel distribution system; and oHR 6 EH AMERICA!\ pVERSIGHT 742 CEQ050FY18091 _000000439 CEQ-18-0173-C-000780 741 1 (iii) indu str y investm ent in new cap ac- 2 ity; 3 (D) the effect of the r equir ements 4 scrib ed in paragraph 5 hicles, refin eri es, and fuel handling facili tics; de- (1) on emissions from ve- 6 (E) th e feas ibjJjty of developing national or 7 regional motor vehi cle fue] slates for th e 48 8 cont iguou s States 9 quality at th e national , regiona l and local levels 10 consist ent with the attainm ent of national am - 11 bient air qualit y sta ndards, could- 12 that, while improvin g mr (i) enhan ce f1exibiht y in th e fuel dis- 13 tribution 14 fu ngibi lity ; 15 infra st ru ctur e and improv e fuel (ii) r edu ce price volatilit y and costs to 16 consum ers and producers; 17 (iii) prmnd e increased liquidit y to th e gaso line mark et; and 18 19 (iv) enhan ce fu el qualit y, consistency, 20 and suppl y; 21 (F) the feas ibility of prmn.ding inc entives 22 to pr omot e cleaner btffnin g motor vehicle fuel; 23 and 24 (G) th e exte nt to v,,hi ch impr ovements m 25 air qual ity and any in cr eases or decreases 111 oHR 6 EH AMERICA!\ pVERSIGHT 743 CEQ050FY18091 _000000439 CEQ-18-0173-C-000781 741 1 (iii) indu str y investm ent in new cap ac- 2 ity; 3 (D) the effect of the r equir ements 4 scrib ed in paragraph 5 hicles, refin eri es, and fuel handling facili tics; de- (1) on emissions from ve- 6 (E) th e feas ibjJjty of developing national or 7 regional motor vehi cle fue] slates for th e 48 8 cont iguou s States 9 quality at th e national , regiona l and local levels 10 consist ent with the attainm ent of national am - 11 bient air qualit y sta ndards, could- 12 that, while improvin g mr (i) enhan ce f1exibiht y in th e fuel dis- 13 tribution 14 fu ngibi lity ; 15 infra st ru ctur e and improv e fuel (ii) r edu ce price volatilit y and costs to 16 consum ers and producers; 17 (iii) prmnd e increased liquidit y to th e gaso line mark et; and 18 19 (iv) enhan ce fu el qualit y, consistency, 20 and suppl y; 21 (F) the feas ibility of prmn.ding inc entives 22 to pr omot e cleaner btffnin g motor vehicle fuel; 23 and 24 (G) th e exte nt to v,,hi ch impr ovements m 25 air qual ity and any in cr eases or decreases 111 oHR 6 EH AMERICA!\ pVERSIGHT 743 CEQ050FY18091 _000000439 CEQ-18-0173-C-000781 742 1 th e price of motor fuel can be proj ect ed to re- 2 suit from the Environm ental Prot ection Agen- 3 c:y1sTier II requirem ents for conventional gaso- 4 line and vehicle emission systems, on-road and 5 off-road diesel rul es, the reformulat ed gasoline 6 program, the renewable c011tent requirement s 7 establi shed by thi s subtitle, State program s re- 8 garcling gasoline volatility, and any other re- 9 quirem ents imposed by the F ederal Govern- 10 ment, States or localities affecting the composi- 11 tion of motor fuel. 12 (b) REPOR 'l' .- 13 ( 1) IN GENERAL.-Not later than December 31, 14 2009, th e Administ rator and the Secretary of En- 15 ergy shall submit to Congress a report on th e resi,uts 16 of th e study conducted und er subsection (a). 17 (2) RECOMMENDNrIO N8 .- 18 (A) IN GENERAL.-The report under th is 19 subsection shall contain recommendations for 20 legislative and admin istrat ive actions that may 21 be tak en- 22 (i) to improve air quality; 23 (ii) to reduce cost s to consumer s and 24 produc ers; and 25 (iii) to increase supply liquidity. oHR 6 EH AMERICA!\ pVERSIGHT 744 CEQ050FY18091_000000439 CEQ-18-0173-C-000782 742 1 th e price of motor fuel can be proj ect ed to re- 2 suit from the Environm ental Prot ection Agen- 3 c:y1sTier II requirem ents for conventional gaso- 4 line and vehicle emission systems, on-road and 5 off-road diesel rul es, the reformulat ed gasoline 6 program, the renewable c011tent requirement s 7 establi shed by thi s subtitle, State program s re- 8 garcling gasoline volatility, and any other re- 9 quirem ents imposed by the F ederal Govern- 10 ment, States or localities affecting the composi- 11 tion of motor fuel. 12 (b) REPOR 'l' .- 13 ( 1) IN GENERAL.-Not later than December 31, 14 2009, th e Administ rator and the Secretary of En- 15 ergy shall submit to Congress a report on th e resi,uts 16 of th e study conducted und er subsection (a). 17 (2) RECOMMENDNrIO N8 .- 18 (A) IN GENERAL.-The report under th is 19 subsection shall contain recommendations for 20 legislative and admin istrat ive actions that may 21 be tak en- 22 (i) to improve air quality; 23 (ii) to reduce cost s to consumer s and 24 produc ers; and 25 (iii) to increase supply liquidity. oHR 6 EH AMERICA!\ pVERSIGHT 744 CEQ050FY18091_000000439 CEQ-18-0173-C-000782 743 1 (B) RE(~U IRITID C0NSIDEHJ\'l'I0NS.-1 1 he 2 recomn1endations under subparagraph (A) shall 3 take into account the need to provide advance 4 noti ce of required modification s to refinery and 5 fuel distribut ion systems in order to ensur e an 6 adequate 7 States. 8 (3) C0NSUfil'ATI0N.-ln 9 10 supply of motor vehjcle fuel in all developing the report under th is sub section , th e Administrator and th e Secretary of En ergy shall consult ?with- 11 (A) the Governor s of th e States; 12 (B) autornobjle manufa ctur ers; 13 (C) motor vehicle fuel produc ers and dis- 14 tributors; and (D) th e pubh c. 15 16 SEC . 1511. COMMERCIAL BYPRODU CTS FROM MUNICIPAL 17 SOLID WASTE AND 18 LOAN GUARANTEE PROGRAM. 19 CELLULOSIC BIOMASS (a) DEF INI TION OF :M UNICIPAL SOLID \i\TAS'l'E. - ln 20 thi s section , th e term "m uni cipal solid waste" has the 2 1 meaning given the term "solid waste" in secbon 1004 of 22 th e Solid \i\Taste Disposa l Act (42 U.S.C. 6903). 23 NT 011' Pn0GRAM.-rrh e Secr etar y (b) E STABUSIIl\IH} 24 of En ergy (hereinafter in th is section referr ed to as the 25 "Sec reta ry") shall estab lish a progr am to provide guaran- oHR 6 EH AMERICA!\ pVERSIGHT 745 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000783 743 1 (B) RE(~U IRITID C0NSIDEHJ\'l'I0NS.-1 1 he 2 recomn1endations under subparagraph (A) shall 3 take into account the need to provide advance 4 noti ce of required modification s to refinery and 5 fuel distribut ion systems in order to ensur e an 6 adequate 7 States. 8 (3) C0NSUfil'ATI0N.-ln 9 10 supply of motor vehjcle fuel in all developing the report under th is sub section , th e Administrator and th e Secretary of En ergy shall consult ?with- 11 (A) the Governor s of th e States; 12 (B) autornobjle manufa ctur ers; 13 (C) motor vehicle fuel produc ers and dis- 14 tributors; and (D) th e pubh c. 15 16 SEC . 1511. COMMERCIAL BYPRODU CTS FROM MUNICIPAL 17 SOLID WASTE AND 18 LOAN GUARANTEE PROGRAM. 19 CELLULOSIC BIOMASS (a) DEF INI TION OF :M UNICIPAL SOLID \i\TAS'l'E. - ln 20 thi s section , th e term "m uni cipal solid waste" has the 2 1 meaning given the term "solid waste" in secbon 1004 of 22 th e Solid \i\Taste Disposa l Act (42 U.S.C. 6903). 23 (b) E STABUSIIl\IH} NT 011' Pn0GRAM.-rrh e Secr etar y 24 of En ergy (hereinafter in th is section referr ed to as the 25 "Sec reta ry") shall estab lish a progr am to provide guaran- oHR 6 EH AMERICA!\ pVERSIGHT 745 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000783 744 1 tees of loans by privat e institut ions for th e constru ction 2 of facilities for th e processing and conversion of municipal 3 solid wast e and cellulosic biomass int o fuel ethanol and 4 other commercial byprodu ct s. 5 (c) REQUIREMEN'l'S.- The Secretary may provide a 6 loan guarant ee und er subsection (b) to an applicant if7 (1) without a Joan guarant ee, credit is not 8 available to th e applicant m1der reasonable t erms or 9 conditions sufficient to finan ce th e constru ction of a 10 fa cility described in subsection (b); 11 (2) th e prospective ea1?11ingpovver of th e appli- 12 cant and th e char acter and vaJue of th e securit y 13 pledged provide a reasonable assurance of repayment 14 of the loan to be guarante ed in accordanc e with the 15 terms of th e loan; and 16 (3) th e loan bear s int erest at a rat e det ermin ed 17 by the Secretar y to be reasonable, taking into ac- 18 count th e curr ent average yield on out standin g obli- 19 gation s of the Unit ed Stat es wit h remainin g periods 20 of mat urity comparable t o th e matur ity of th e loan . 21 (d) CRl' l'I~RIA.-In selectin g recipient s of loan guar- 22 ant ees from among applicant s, th e Secretary shall give 23 preference to pr oposals that(1) meet all applicable F ederal and Stat e per- 24 25 mitting requir ement s; oHR 6 EH AMERICA!\ pVERSIGHT 746 CEQ050FY18091_000000439 CEQ-18-0173-C-000784 744 1 tees of loans by privat e institut ions for th e constru ction 2 of facilities for th e processing and conversion of municipal 3 solid wast e and cellulosic biomass int o fuel ethanol and 4 other commercial byprodu ct s. 5 (c) REQUIREMEN'l'S.- The Secretary may provide a 6 loan guarant ee und er subsection (b) to an applicant if7 (1) without a Joan guarant ee, credit is not 8 available to th e applicant m1der reasonable t erms or 9 conditions sufficient to finan ce th e constru ction of a 10 fa cility described in subsection (b); 11 (2) th e prospective ea1?11ingpovver of th e appli- 12 cant and th e char acter and vaJue of th e securit y 13 pledged provide a reasonable assurance of repayment 14 of the loan to be guarante ed in accordanc e with the 15 terms of th e loan; and 16 (3) th e loan bear s int erest at a rat e det ermin ed 17 by the Secretar y to be reasonable, taking into ac- 18 count th e curr ent average yield on out standin g obli- 19 gation s of the Unit ed Stat es wit h remainin g periods 20 of mat urity comparable t o th e matur ity of th e loan . 21 (d) CRl' l'I~RIA.-In selectin g recipient s of loan guar- 22 ant ees from among applicant s, th e Secretary shall give 23 preference to pr oposals that(1) meet all applicable F ederal and Stat e per- 24 25 mitting requir ement s; oHR 6 EH AMERICA!\ pVERSIGHT 746 CEQ050FY18091_000000439 CEQ-18-0173-C-000784 745 1 (2) are most likely to be successft1l; and 2 (3) are locat ed jn local mark ets that have the 3 greatest need for the facility becau se of- 4 (A) 5 the limited availability of land for waste disposal; (B) th e availabilit y of suffi cient quantiti es 6 7 of cellulosic biomass; or 8 (C) a high level of demand for fuel ethanol 9 or oth er commercia l byproduct s of the facility . 10 (e) lVIATURIT Y.- A loan guaranteed 1mcler subsection 11 (b) shall have a maturit y of not more than 20 year s. 12 (f) TBRMS AN D C0NDI'I'IONS.-'rh e Joan agTeement 13 for a loan gu ar ant eed und er sub section (b) sha11 provide 14 that no provision of the loan agTcemcnt may be amended 15 or waived without th e consent of th e Secretary. 16 (g) ASSURANCE OF RIWAYME Wr.-Th e Secretary 17 shall require that an applicant for a loan guarant ee und er 18 subsection (b) provide an assuran ce of repa yment in the 19 form of a performance bond , instffance, collatera l, or other 20 mean s acceptab le to th e Secr etary in an amount equal to 21 not less than 20 percent of th e amount of the loan. 22 (h) GUARANTEE Fu::EJ.-rrhe recipient of a loan guar- 23 ant ee under sub section (b) shall pay the Secretary an 24 amount deternun ed by th e Secr etar y to be sufficient to oHR 6 EH AMERICA!\ pVERSIGHT 747 CEQ050FY18091 _000000439 CEQ-18-0173-C-000785 745 1 (2) are most likely to be successft1l; and 2 (3) are locat ed jn local mark ets that have the 3 greatest need for the facility becau se of- 4 (A) 5 the limited availability of land for waste disposal; (B) th e availabilit y of suffi cient quantiti es 6 7 of cellulosic biomass; or 8 (C) a high level of demand for fuel ethanol 9 or oth er commercia l byproduct s of the facility . 10 (e) lVIATURIT Y.- A loan guaranteed 1mcler subsection 11 (b) shall have a maturit y of not more than 20 year s. 12 (f) TBRMS AN D C0NDI'I'IONS.-'rh e Joan agTeement 13 for a loan gu ar ant eed und er sub section (b) sha11 provide 14 that no provision of the loan agTcemcnt may be amended 15 or waived without th e consent of th e Secretary. 16 (g) ASSURANCE OF RIWAYME Wr.-Th e Secretary 17 shall require that an applicant for a loan guarant ee und er 18 subsection (b) provide an assuran ce of repa yment in the 19 form of a performance bond , instffance, collatera l, or other 20 mean s acceptab le to th e Secr etary in an amount equal to 21 not less than 20 percent of th e amount of the loan. 22 (h) GUARANTEE Fu::EJ.-rrhe recipient of a loan guar- 23 ant ee under sub section (b) shall pay the Secretary an 24 amount deternun ed by th e Secr etar y to be sufficient to oHR 6 EH AMERICA!\ pVERSIGHT 747 CEQ050FY18091 _000000439 CEQ-18-0173-C-000785 746 1 cover th e administrati ve costs of th e Secretary re]abng to 2 the loan guarant ee. 3 (i) F U LL F AITII Al'\J D CREDIT.- The full faith and 4 credit of the Unit ed States is pledged to the payment of 5 all guarant ees mad e und er thi s section. Any such gua r6 a11tee ma.de by t he Secretary sha1J be conclusive evidence 7 of th e eligibility of th e loan for the guarant ee with respect 8 to prin cipal and int erest. rrhc validity of th e guarantee 9 shall be incont estable in th e hands of a holder of the guar10 ant eecl loan . 11 (j) REPOR'l'S.- Until each guarnntccd loan und er this 12 section ha s been repaid in fhll, th e Secreta ry shall annu13 ally submit to Congress a report on th e acti,ri.ties of the 14 Secretar y und er this section. 15 (k) .AU'l'J-IOR.IZNl' ION OF A PPROPR,IN l'TONS.-Th er e 16 ar e auth orized to be appropriat ed such sums as are nec17 essary to carry out thi s section. 18 (1) TERMINA TION OF .A{J'l'IIORITY. - The aut hority of 19 th e Secretar y to issue a loan guarant ee und er subsection 20 (b) terminat es on th e date that is 10 years after th e dat e 21 of enactment of thi s Act. oHR 6 EH AMERICA!\ pVERSIGHT 748 CEQ050FY18091 _000000439 CEQ-18-0173-C-000786 746 1 cover th e administrati ve costs of th e Secretary re]abng to 2 the loan guarant ee. 3 (i) F U LL F AITII Al'\J D CREDIT.- The full faith and 4 credit of the Unit ed States is pledged to the payment of 5 all guarant ees mad e und er thi s section. Any such gua r6 a11tee ma.de by t he Secretary sha1J be conclusive evidence 7 of th e eligibility of th e loan for the guarant ee with respect 8 to prin cipal and int erest. rrhc validity of th e guarantee 9 shall be incont estable in th e hands of a holder of the guar10 ant eecl loan . 11 (j) REPOR'l'S.- Until each guarnntccd loan und er this 12 section ha s been repaid in fhll, th e Secreta ry shall annu13 ally submit to Congress a report on th e acti,ri.ties of the 14 Secretar y und er this section. 15 (k) .AU'l'J-IOR.IZNl' ION OF A PPROPR,IN l'TONS.-Th er e 16 ar e auth orized to be appropriat ed such sums as are nec17 essary to carry out thi s section. 18 (1) TERMINA TION OF .A{J'l'IIORITY. - The aut hority of 19 th e Secretar y to issue a loan guarant ee und er subsection 20 (b) terminat es on th e date that is 10 years after th e dat e 21 of enactment of thi s Act. oHR 6 EH AMERICA!\ pVERSIGHT 748 CEQ050FY18091 _000000439 CEQ-18-0173-C-000786 747 1 SEC. 1512. CONVERSION ASSITANCE FOR CELLULOSIC B1O2 MASS, WASTE-DERIVED ETHANOL, APPROVED 3 RENEWABLE FUELS. 4 Section 211 of th e Clean Air Act (42 U.S .C. 7545) 5 is runended by adding at the end th e follo?wing: 6 "(r) C o~TVERSION Af,SISTANCE FOR CELLULOSIC 7 BIOl\l ASS, " TASTE-DERI VED ETHA NOL , APPROVED 8 RE- NE VlABLE F UEL S .- 9 "( 1) IN GENEIWJ.- 'rh e Secretary of En ergy 10 may provide grant s to merchant produc ers of cel- 11 lulosic biomass ethanol, waste-der ived ethanol , and 12 approved renewable fulcs in th e United States to as- 13 sist th e produ cers in building eligible produ ction fa- 14 cilities describ ed in para gTaph (2) for th e produ ction 15 of ethan ol or approved renm,vable fuels. 16 "(2) ELI GIBLE PROD UCTIO N FACILITIES.-A 17 produ ction facility shall be eligible to receive a grant 18 und er tlris sub section if the productio n facihty- 19 "(.A) is located in th e Uruted States; and 20 "(B) uses celluJosic or rene?wable biomass 21 or waste-derived fcedstocks derived from agri - 22 cultura l residues, wood residues, municipal solid 23 waste , or agricultural byproducts as that ter m 24 is u sed in section 919 of the En ergy Policy Act 25 of 200 5. oHR 6 EH AMERICA!\ pVERSIGHT 749 CEQ050FY18091 _000000439 CEQ-18-0173-C-000787 747 1 SEC. 1512. CONVERSION ASSITANCE FOR CELLULOSIC B1O2 MASS, WASTE-DERIVED ETHANOL, APPROVED 3 RENEWABLE FUELS. 4 Section 211 of th e Clean Air Act (42 U.S .C. 7545) 5 is runended by adding at the end th e follo?wing: 6 "(r) C o~TVERSION Af,SISTANCE FOR CELLULOSIC 7 BIOl\l ASS, " TASTE-DERI VED ETHA NOL , APPROVED 8 RE- NE VlABLE F UEL S .- 9 "( 1) IN GENEIWJ.- 'rh e Secretary of En ergy 10 may provide grant s to merchant produc ers of cel- 11 lulosic biomass ethanol, waste-der ived ethanol , and 12 approved renewable fulcs in th e United States to as- 13 sist th e produ cers in building eligible produ ction fa- 14 cilities describ ed in para gTaph (2) for th e produ ction 15 of ethan ol or approved renm,vable fuels. 16 "(2) ELI GIBLE PROD UCTIO N FACILITIES.-A 17 produ ction facility shall be eligible to receive a grant 18 und er tlris sub section if the productio n facihty- 19 "(.A) is located in th e Uruted States; and 20 "(B) uses celluJosic or rene?wable biomass 21 or waste-derived fcedstocks derived from agri - 22 cultura l residues, wood residues, municipal solid 23 waste , or agricultural byproducts as that ter m 24 is u sed in section 919 of the En ergy Policy Act 25 of 200 5. oHR 6 EH AMERICA!\ pVERSIGHT 749 CEQ050FY18091 _000000439 CEQ-18-0173-C-000787 748 1 "(3) AU THORI ZA'l'ION OTo' APPROPRl J\TIONS .- 2 There ar e authorized to be appropriat ed the fol- 3 lowing amounts to carr y out this subsection: 4 "(A) $ 100,000 ,000 for fiscal year 200 5. 5 "( B) $25 0,000,000 for fiscal year 2006. 6 "(C) $400 ,000 ,000 for fiscal year 2007. 7 8 " (4) DgF INITIONS.-For the purposes of th is sub section: 9 "(A) The term 'approve d renC\,vable fuels' 10 arc fuels and components of fuels that h ave 11 been approved by the Departm ent of En ergy, as 12 denn ed in section 301 of th e En ergy Policy Act 13 of 1992 (42 U.S.C. 132 11)) , which have been 14 made from renewable biomass. 15 "(B) 'rh e term 'rene?wable biomass' 1s, as 16 defined in Pr esidential Executive Order 13134, 17 publi shed in th e F ederal Register on August 18 16, 1999, any organic matt er that is available 19 on a renewable or recurrin g basis (excluding 20 old-growth timber ), includin g dedicated energy 21 crops and trees, agTicultural food and feed crop 22 re sidues, acquatic plants, anima l wastes, ?wood 23 and ?wood residu es, paper and paper residues, 24 and 25 growth timber means timber of a forest from other vegeta tive waste mater ials . Old- oHR 6 EH AMERICA!\ pVERSIGHT 750 CEQ050FY18091 _000000439 CEQ-18-0173-C-000788 748 1 "(3) AU THORI ZA'l'ION OTo' APPROPRl J\TIONS .- 2 There ar e authorized to be appropriat ed the fol- 3 lowing amounts to carr y out this subsection: 4 "(A) $ 100,000 ,000 for fiscal year 200 5. 5 "( B) $25 0,000,000 for fiscal year 2006. 6 "(C) $400 ,000 ,000 for fiscal year 2007. 7 8 " (4) DgF INITIONS.-For the purposes of th is sub section: 9 "(A) The term 'approve d renC\,vable fuels' 10 arc fuels and components of fuels that h ave 11 been approved by the Departm ent of En ergy, as 12 denn ed in section 301 of th e En ergy Policy Act 13 of 1992 (42 U.S.C. 132 11)) , which have been 14 made from renewable biomass. 15 "(B) 'rh e term 'rene?wable biomass' 1s, as 16 defined in Pr esidential Executive Order 13134, 17 publi shed in th e F ederal Register on August 18 16, 1999, any organic matt er that is available 19 on a renewable or recurrin g basis (excluding 20 old-growth timber ), includin g dedicated energy 21 crops and trees, agTicultural food and feed crop 22 re sidues, acquatic plants, anima l wastes, ?wood 23 and ?wood residu es, paper and paper residues, 24 and 25 growth timber means timber of a forest from other vegeta tive waste mater ials . Old- oHR 6 EH AMERICA!\ pVERSIGHT 750 CEQ050FY18091 _000000439 CEQ-18-0173-C-000788 749 1 th e lat e successional stage of forest develop- 2 ment ." . 3 SEC. 1513 . BLENDING OF COMPLIANT REFORMULATED GAS4 5 OLINES. Section 211 of th e Clean Air Act (42 U. S.C. 7545) 6 js amended by adding at th e end th e follo-wing : 7 "(s) BJ , ENDING OF' O0 fl1PJ,IAN'l' REI <'0 RJ\I ULA'l' E D 8 GASOLINE S.- " (1) 9 IN GE!\TERAL. - Notwit hst anding sub- 10 secti ons (h) and (k) and subject t o the limitation s in 11 paragraph (2) of thi s subsection, it shall not be a 12 violation of thi s subtitl e for a gasoline retail er , dur- 13 ing any month of the year, to blend at a retail loca- 14 tion bat ches of ethano l-blended and non-etha nol- 15 blended refon rm.Jated gasoline, pr ovided that- 16 "( A) each bat ch of gasoline to be blended 17 has been individually certifi ed as in compliance 18 wit h subsection s (b) and (k) prior to being 19 blended; 20 "( B) the retailer notifies th e Administrator 21 pr ior to such blending, and identifies the exact 22 location of th e retail station and the specific 23 tank in which such blending will t ake place; 24 "(C) the retail er retain s and , as requested 25 by th e Administrato r or the Achninistra tor' s oHR 6 EH AMERICA!\ pVERSIGHT 751 CEQ050 FY18091_000000439 CEQ-18-0173-C-000789 749 1 th e lat e successional stage of forest develop- 2 ment ." . 3 SEC. 1513 . BLENDING OF COMPLIANT REFORMULATED GAS4 5 OLINES. Section 211 of th e Clean Air Act (42 U. S.C. 7545) 6 js amended by adding at th e end th e follo-wing : 7 "(s) BJ , ENDING OF' O0 fl1PJ,IAN'l' REI <'0 RJ\I ULA'l' E D 8 GASOLINE S.- " (1) 9 IN GE!\TERAL. - Notwit hst anding sub- 10 secti ons (h) and (k) and subject t o the limitation s in 11 paragraph (2) of thi s subsection, it shall not be a 12 violation of thi s subtitl e for a gasoline retail er , dur- 13 ing any month of the year, to blend at a retail loca- 14 tion bat ches of ethano l-blended and non-etha nol- 15 blended refon rm.Jated gasoline, pr ovided that- 16 "( A) each bat ch of gasoline to be blended 17 has been individually certifi ed as in compliance 18 wit h subsection s (b) and (k) prior to being 19 blended; 20 "( B) the retailer notifies th e Administrator 21 pr ior to such blending, and identifies the exact 22 location of th e retail station and the specific 23 tank in which such blending will t ake place; 24 "(C) the retail er retain s and , as requested 25 by th e Administrato r or the Achninistra tor' s oHR 6 EH AMERICA!\ pVERSIGHT 751 CEQ050 FY18091_000000439 CEQ-18-0173-C-000789 750 1 designec, makes a:vailable for inspection such 2 certification s accountin g for all gasoline at the 3 retail outl et ; and 4 " (D) th e retail er docs not , between Jun e 1 5 and Sept ember 15 of each year , blend a batch 6 of VOC-controlJed, or 'summer ', gasoline with a 7 bat ch of non-VOC-contr o1Jed, or 'winter ' , gaso- 8 line (as th ese t erms ar e defined und er sub- 9 sections (h) and (k)). 10 "( 2) Lil\IIT ATIO NS .- 11 " (A) FREQ UEN('Y LI MI'l'ATIO N .- A retailer shall 12 only be permitt ed to blend bat ches of compliant re- 13 formulat ed gasoline und er this sub section a max - 14 imum of two blending periods between l\lla y 1 and 15 Sept ember 15 of each calendar year. 16 " (B) D u RN l'JON OP Bl 1ENDI NG Pl<;RIOD.-Each 17 blending period authori zed und er subpara graph (A) 18 shall extend for a period of no more than 10 con- 19 secutive calendar days. 20 " (3) SURVEYS.- A sample of gasoline tak en 21 fr om a ret ail location that ha s blended gasoline vvith- 22 in th e pa st 30 days and is in compliance ?with sub- 23 paragraph s (A), (B), (C), and (D ) of para gTaph (1) 24 shall not be used in a VOC sur vey mandat ed by 40 25 C.F.R. Part 80. oHR 6 EH AMERICA!\ pVERSIGHT 752 CEQ050FY18091 _000000439 CEQ-18-0173-C-000790 750 1 designec, makes a:vailable for inspection such 2 certification s accountin g for all gasoline at the 3 retail outl et ; and 4 " (D) th e retail er docs not , between Jun e 1 5 and Sept ember 15 of each year , blend a batch 6 of VOC-controlJed, or 'summer ', gasoline with a 7 bat ch of non-VOC-contr o1Jed, or 'winter ' , gaso- 8 line (as th ese t erms ar e defined und er sub- 9 sections (h) and (k)). 10 "( 2) Lil\IIT ATIO NS .- 11 " (A) FREQ UEN('Y LI MI'l'ATIO N .- A retailer shall 12 only be permitt ed to blend bat ches of compliant re- 13 formulat ed gasoline und er this sub section a max - 14 imum of two blending periods between l\lla y 1 and 15 Sept ember 15 of each calendar year. 16 " (B) D u RN l'JON OP Bl 1ENDI NG Pl<;RIOD.-Each 17 blending period authori zed und er subpara graph (A) 18 shall extend for a period of no more than 10 con- 19 secutive calendar days. 20 " (3) SURVEYS.- A sample of gasoline tak en 21 fr om a ret ail location that ha s blended gasoline vvith- 22 in th e pa st 30 days and is in compliance ?with sub- 23 paragraph s (A), (B), (C), and (D ) of para gTaph (1) 24 shall not be used in a VOC sur vey mandat ed by 40 25 C.F.R. Part 80. oHR 6 EH AMERICA!\ pVERSIGHT 752 CEQ050FY18091 _000000439 CEQ-18-0173-C-000790 751 1 "( 4) S'rATB Ji\,fPI1E1V mNTA'l'IONPI,ANS.-A State 2 sha lJ be held harnlle ss and shal l not be requ ired to 3 revise its State implementation plan und er section 4 110 to account for th e emissions from blended gaso- 5 line aut horized und er parag raph (1). 6 7 " (5) PRESEH.VA' f'JON OF STATE LAW.-Not hing in thi s subsection shall- 8 "(A) preempt existing State laws or r egu- 9 lation s regulating the blending of compliant gasolines; or 10 "(B) prohibit a State from adoptin g such 11 12 restrictions in the future. 13 " (6) Ru:GUI_,JA' l'lONS.-Th e Administrator shall 14 promulgate , after notic e and comment , regulat ions 15 implementin g t his subsection ?within one yea r aft er 16 th e dat e of enactment of this subsection. 17 "( 7) EFFE C'l'IV B DATE.-This subsection shall 18 become effective 15 month s after th e dat e of its cn- 19 actment and shall apply to blended bat ches of refor- 20 mulated gasoline on or after that dat e, regardless of 21 whether the implementin g regulation s requir ed by 22 paragTaph (6) have been promu lgated by the Admin- 23 istrator by that elate . 24 "(8) LI.ABILI'l'Y.- No person other than 25 person respon sible for blending und er thi s subsection the oHR 6 EH AMERICA!\ pVERSIGHT 753 CEQ050 FY18091_000000439 CEQ-18-0173-C-000791 751 1 "( 4) S'rATB Ji\,fPI1E1V mNTA'l'IONPI,ANS.-A State 2 sha lJ be held harnlle ss and shal l not be requ ired to 3 revise its State implementation plan und er section 4 110 to account for th e emissions from blended gaso- 5 line aut horized und er parag raph (1). 6 7 " (5) PRESEH.VA' f'JON OF STATE LAW.-Not hing in thi s subsection shall- 8 "(A) preempt existing State laws or r egu- 9 lation s regulating the blending of compliant gasolines; or 10 "(B) prohibit a State from adoptin g such 11 12 restrictions in the future. 13 " (6) Ru:GUI_,JA' l'lONS.-Th e Administrator shall 14 promulgate , after notic e and comment , regulat ions 15 implementin g t his subsection ?within one yea r aft er 16 th e dat e of enactment of this subsection. 17 "( 7) EFFE C'l'IV B DATE.-This subsection shall 18 become effective 15 month s after th e dat e of its cn- 19 actment and shall apply to blended bat ches of refor- 20 mulated gasoline on or after that dat e, regardless of 21 whether the implementin g regulation s requir ed by 22 paragTaph (6) have been promu lgated by the Admin- 23 istrator by that elate . 24 "(8) LI.ABILI'l'Y.- No person other than 25 person respon sible for blending und er thi s subsection the oHR 6 EH AMERICA!\ pVERSIGHT 753 CEQ050 FY18091_000000439 CEQ-18-0173-C-000791 752 1 shall be su~ject to an enforcement action or pen- 2 al ties und er subsection (d) solely ari sing from the 3 blending of compliant reformu lated gasolin es by the 4 retailers . 5 ('( 9) FORM ULA'l'IO N OF GASOLINE. -Th is sub- 6 section docs not grant aut hority to the .Adminis- 7 trator or any State (or any subdivision th ereof) to 8 require reformulation of gasoline at th e refinery to 9 adjust for potential or actua l emissions increases due 10 to th e blending authorized by thi s subsection." . 11 Subtitle B-Underground Storage Tank Compliance 12 13 SEC. 1521. SHORT TITLE. 14 "fhis subtitl e may be cited as the "U ndergTotmd Stor- 15 age Tank Compliance Act of 2005". 16 SEC. 1522. LEAKING UNDERGROUND STORAGE TANKS. 17 (a) IN GBNERAL.- Section 9004 of the Solid vVaste 18 Disposal Act (42 U.S.C. 6991 c) is amended by adding at 19 the end the following: 20 (((f) TR UST F UND DI STRIB UTIO N.- '((1) IN CENERAL.- 21 22 "(A) A l.\ilOUN'l' AND PERMl'I'TED 1 L SES OF 23 DI ST RIBU 'l'IO N.-1 he Administrato r sha1l dis- 24 tribut e t o Stat es not less than 80 percent of the 25 fund s from the Tru st Fund that aTe made oHR 6 EH AMERICA!\ pVERSIGHT 754 CEQ050FY18091 _000000439 CEQ-18-0173-C-000792 752 1 shall be su~ject to an enforcement action or pen- 2 al ties und er subsection (d) solely ari sing from the 3 blending of compliant reformu lated gasolin es by the 4 retailers . 5 ('( 9) FORM ULA'l'IO N OF GASOLINE. -Th is sub- 6 section docs not grant aut hority to the .Adminis- 7 trator or any State (or any subdivision th ereof) to 8 require reformulation of gasoline at th e refinery to 9 adjust for potential or actua l emissions increases due 10 to th e blending authorized by thi s subsection." . 11 Subtitle B-Underground Storage Tank Compliance 12 13 SEC. 1521. SHORT TITLE. 14 "fhis subtitl e may be cited as the "U ndergTotmd Stor- 15 age Tank Compliance Act of 2005". 16 SEC. 1522. LEAKING UNDERGROUND STORAGE TANKS. 17 (a) IN GBNERAL.- Section 9004 of the Solid vVaste 18 Disposal Act (42 U.S.C. 6991 c) is amended by adding at 19 the end the following: 20 (((f) TR UST F UND DI STRIB UTIO N.- '((1) IN CENERAL.- 21 22 "(A) A l.\ilOUN'l' AND PERMl'I'TED 1 L SES OF 23 DI ST RIBU 'l'IO N.-1 he Administrato r sha1l dis- 24 tribut e t o Stat es not less than 80 percent of the 25 fund s from the Tru st Fund that aTe made oHR 6 EH AMERICA!\ pVERSIGHT 754 CEQ050FY18091 _000000439 CEQ-18-0173-C-000792 753 1 available to th e Administr ator under section 2 9014(2)(A ) for each fiscal year for use in pay- 3 ing the rea sonable costs, incm?rcd m1dcr a coop- 4 crati vc agreeme nt v,71.t h any State for- 5 " (i) corr ective actions tak en by the Stat e und er section 9003(h) (7)(A); 6 "( ]l..) 7 necessary admini str ative ex- 8 penses, as determined by th e Adminis- 9 trator, that ar c dir ectly related to State 10 fund or State assuran ce progra ms under 11 subsection (c) (1); or 12 "( iii) enforcement, by a Stat e or a 13 local government , of State or local regula- 14 tions pertainin g to und erground storage 15 tank s regulated und er thj s subtit le. 16 "(B) U SE OJo 1, UNDS F'OR EN l<'ORCE- 17 1\mN'l'.-l n addition to th e uses of fi.mds au- 18 thorized under subpara graph (A), th e Adminis- 19 trator may u se fund s from th e 'r rust Ftmd that 20 arc not dist ribut ed to States und er subpar a- 21 graph (A) for enforcement of any regulation 22 promu lgated by the Administrat or under this 23 subtitle. 24 "(C) P ROHIBITED USES.- Fund s provided 25 to a State by th e Admini str ator und er subpar a- oHR 6 EH AMERICA!\ pVERSIGHT 755 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000793 753 1 available to th e Administr ator under section 2 9014(2)(A ) for each fiscal year for use in pay- 3 ing the rea sonable costs, incm?rcd m1dcr a coop- 4 crati vc agreeme nt v,71.t h any State for- 5 " (i) corr ective actions tak en by the Stat e und er section 9003(h) (7)(A); 6 "( ]l..) 7 necessary admini str ative ex- 8 penses, as determined by th e Adminis- 9 trator, that ar c dir ectly related to State 10 fund or State assuran ce progra ms under 11 subsection (c) (1); or 12 "( iii) enforcement, by a Stat e or a 13 local government , of State or local regula- 14 tions pertainin g to und erground storage 15 tank s regulated und er thj s subtit le. 16 "(B) U SE OJo 1, UNDS F'OR EN l<'ORCE- 17 1\mN'l'.-l n addition to th e uses of fi.mds au- 18 thorized under subpara graph (A), th e Adminis- 19 trator may u se fund s from th e 'r rust Ftmd that 20 arc not dist ribut ed to States und er subpar a- 21 graph (A) for enforcement of any regulation 22 promu lgated by the Administrat or under this 23 subtitle. 24 "(C) P ROHIBITED USES.- Fund s provided 25 to a State by th e Admini str ator und er subpar a- oHR 6 EH AMERICA!\ pVERSIGHT 755 CEQ050FY1 8091_000000439 CEQ-18-0173-C-000793 754 1 graph (A) shall not be used by the Stat e to pro- 2 vide finan cial assistan ce to an owner or oper- 3 ator to meet any requirement relating to und er- 4 ground storag e tank s und er subpart s B , C, D , 5 H , and G of part 280 of title 40, Code of F ed- 6 eraJ Regulation s (as in effect 7 actment of th is subsection). 011 th e dat e of en- 8 9 "(A) PROCESS.- Subject to subpara graphs 10 (B) and (C), in the case of a Sta te with which 11 the Administrat or ha s ent ered into a coopera- 12 tive agreement und er section 9003(h )(7)(A), 13 the Administrator shall distr ibut e fund s from 14 the rr ru st Fund to the Stat e using an allocation 15 pro cess developed by th e Ad1ninistrator . 16 " (B ) Dr VERSlON 01o S'l'A'l'E l<'UNDS.-Th e 17 Administrator shall not distr ibute fund s und er 18 subpara grap h (A)(iii) of subsection (f)(l ) to 19 any Stat e that ha s diverted fund s from a Stat e 20 fund or State asstffance pr ogTam for ptffposes 21 other than those relat ed to th e regulation of un- 22 derground stora ge tank s covered by thi s sub- 23 titl e, with the exception of th ose tran sfers that 24 had been completed earlier than the dat e of en- 25 actment of thi s subsection. oHR 6 EH AMERICA!\ pVERSIGHT 756 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000794 754 1 graph (A) shall not be used by the Stat e to pro- 2 vide finan cial assistan ce to an owner or oper- 3 ator to meet any requirement relating to und er- 4 ground storag e tank s und er subpart s B , C, D , 5 H , and G of part 280 of title 40, Code of F ed- 6 eraJ Regulation s (as in effect 7 actment of th is subsection). 011 th e dat e of en- 8 9 "(A) PROCESS.- Subject to subpara graphs 10 (B) and (C), in the case of a Sta te with which 11 the Administrat or ha s ent ered into a coopera- 12 tive agreement und er section 9003(h )(7)(A), 13 the Administrator shall distr ibut e fund s from 14 the rr ru st Fund to the Stat e using an allocation 15 pro cess developed by th e Ad1ninistrator . 16 " (B ) Dr VERSlON 01o S'l'A'l'E l<'UNDS.-Th e 17 Administrator shall not distr ibute fund s und er 18 subpara grap h (A)(iii) of subsection (f)(l ) to 19 any Stat e that ha s diverted fund s from a Stat e 20 fund or State asstffance pr ogTam for ptffposes 21 other than those relat ed to th e regulation of un- 22 derground stora ge tank s covered by thi s sub- 23 titl e, with the exception of th ose tran sfers that 24 had been completed earlier than the dat e of en- 25 actment of thi s subsection. oHR 6 EH AMERICA!\ pVERSIGHT 756 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000794 755 1 ''( C) Rrnvl SIONS TO PROCESS .-Th e Ad- 2 ministrator may revise the allocation process re- 3 ferred to in subpara grap h (A) after - 4 " (i) consuJting with State agencies re- 5 sponsible for overseeing correct ive action 6 for releases from und erground 7 ta nks; and stora ge "( ii) taking into consideration , at a 8 9 minimum , each of th e following: 10 "( I) rrh e numb er of confirm ed re- 11 leases from fcde1?ally regulat ed leaking 12 und erground 13 States . stora ge tank s in the 14 "( II) rrh e number of fcdera 11 y 15 reguJated und erground storage tanlcs 16 in th e States. 17 "( III ) The performan ce of th e 18 States in implementing and enforcing 19 th e prog ram. 20 ('(IV) rrh e finan cial needs of the States . 21 22 ('(V) rrh e ability of th e States to 23 use the nmds referr ed to in subp ar a- 24 graph (A) in any year. oHR 6 EH AMERICA!\ pVERSIGHT 757 CEQ050FY18091 _000000439 CEQ-18-0173-C-000795 755 1 ''( C) Rrnvl SIONS TO PROCESS .-Th e Ad- 2 ministrator may revise the allocation process re- 3 ferred to in subpara grap h (A) after - 4 " (i) consuJting with State agencies re- 5 sponsible for overseeing correct ive action 6 for releases from und erground 7 ta nks; and stora ge "( ii) taking into consideration , at a 8 9 minimum , each of th e following: 10 "( I) rrh e numb er of confirm ed re- 11 leases from fcde1?ally regulat ed leaking 12 und erground 13 States . stora ge tank s in the 14 y "( II) rrh e number of fcdera 11 15 reguJated und erground storage tanlcs 16 in th e States. 17 "( III ) The performan ce of th e 18 States in implementing and enforcing 19 th e prog ram. 20 ('(IV) rrh e finan cial needs of the States . 21 22 ('(V) rrh e ability of th e States to 23 use the nmds referr ed to in subp ar a- 24 graph (A) in any year. oHR 6 EH AMERICA!\ pVERSIGHT 757 CEQ050FY18091 _000000439 CEQ-18-0173-C-000795 756 1 " (3) DI STRlBUTIO NS TO S' l'Nl'B AGENC IE S.- 2 Distribution s from th e rl'rust Fund und er thi s sub- 3 section shall be made dfrectly to a Sta te agency 4 that - 5 " (A) enters into a cooperati ve agr eement referr ed to 6 7 para graph (2) (A); or " (B) is enforcing a Stat e program approved und er thi s section. " . 8 9 iJ1 (b) vVITIIDR AWAL OF APPRO VAL 01<' ST AT E 10 F UNDS.- Section 9004( c) of th e Solid vVaste Disposal Act 11 (42 U .S.C. 6991c(c)) is amended by inserting th e fol- 12 lowing new para gTaph at th e end th ereof: 13 " (6) WI'l'HDl -u\ WJ\TJ 01o' APPROVAh- Aft er an 14 opportuni ty for good faith, collaborativ e effort s to 15 corr ect finan cial deficiencies v,rith a State fund, the 16 Administr ator may "'rithdra w appro val of any State 17 fund or State assuran ce program to be used as a fi- 18 nancial 19 drawing approval of a Stat e und erground st ora ge 20 tank progra m und e1? section 9004 (a). " . 21 (c) AB IL ITY 'l'O P AY.-S ection 9003 (11)(6) of the respon sibility mechani sm '"~t hout with- 22 Solid vVaste Disposal Act (42 U.S. C. 659Ja(h)(6)) is 23 a.mend ed by adding th e following nevvsubpara graph at th e 24 end th ereof: oHR 6 EH AMERICA!\ pVERSIGHT 758 CEQ050FY18091 _000000439 CEQ-18-0173-C-000796 756 1 " (3) DI STRlBUTIO NS TO S' l'Nl'B AGENC IE S.- 2 Distribution s from th e rl'rust Fund und er thi s sub- 3 section shall be made dfrectly to a Sta te agency 4 that - 5 " (A) enters into a cooperati ve agr eement referr ed to 6 7 para graph (2) (A); or " (B) is enforcing a Stat e program approved und er thi s section. " . 8 9 iJ1 (b) vVITIIDR AWAL OF APPRO VAL 01<' ST AT E 10 F UNDS.- Section 9004( c) of th e Solid vVaste Disposal Act 11 (42 U .S.C. 6991c(c)) is amended by inserting th e fol- 12 lowing new para gTaph at th e end th ereof: 13 " (6) WI'l'HDl -u\ WJ\TJ 01o' APPROVAh- Aft er an 14 opportuni ty for good faith, collaborativ e effort s to 15 corr ect finan cial deficiencies v,rith a State fund, the 16 Administr ator may "'rithdra w appro val of any State 17 fund or State assuran ce program to be used as a fi- 18 nancial 19 drawing approval of a Stat e und erground st ora ge 20 tank progra m und e1? section 9004 (a). " . 21 (c) AB IL ITY 'l'O P AY.-S ection 9003 (11)(6) of the respon sibility mechani sm '"~t hout with- 22 Solid vVaste Disposal Act (42 U.S. C. 659Ja(h)(6)) is 23 a.mend ed by adding th e following nevvsubpara graph at th e 24 end th ereof: oHR 6 EH AMERICA!\ pVERSIGHT 758 CEQ050FY18091 _000000439 CEQ-18-0173-C-000796 757 " (E) l NJ\BTIJrTY OH, J; l i\ilITED ABILITY TO 1 2 PAY.- "( i) L'-J GENERAL .-I n 3 determin ing amount that 4 the level of recovery effort , 5 should be recovered, th e Administrator (or 6 th e Stat e pursuant to para graph (7)) shall 7 consider the mvner or operator 's abiJity to 8 pay . An inability or limited ability to pay 9 corrective action 10 onstrated to t he Administrator 11 State pursuant to paragraph 12 owner or operator. "( n..) 13 0 1? costs must be dem(or the (7)) by the CONS l DERN rI ONS .-ln det er- 14 mining wheth er or not a demonstra tion is 15 made und er clause (i), th e Adn:iinistrator 16 (or th e Sta te pur suant to paragraph (7)) 17 sha11tak e int o consideration the ability of 18 th e owner or operator to pay con ective ac- 19 tion costs and still maintain its basic busi- 20 ness operatio ns, including consideration of 21 th e overa ll financia l condition of th e owner 22 or operato r and demonstrab le constraints 23 on t he ability of th e owner or operator to 24 rais e revenu es. oHR 6 EH AMERICA!\ pVERSIGHT 759 CEQ050FY18091 _000000 439 CEQ-18-0173-C-000797 757 " (E) l NJ\BTIJrTY OH, J; l i\ilITED ABILITY TO 1 2 PAY.- "( i) L'-J GENERAL .-I n 3 determin ing amount that 4 the level of recovery effort , 5 should be recovered, th e Administrator (or 6 th e Stat e pursuant to para graph (7)) shall 7 consider the mvner or operator 's abiJity to 8 pay . An inability or limited ability to pay 9 corrective action 10 onstrated to t he Administrator 11 State pursuant to paragraph 12 owner or operator. "( n..) 13 0 1? costs must be dem(or the (7)) by the CONS l DERN rI ONS .-ln det er- 14 mining wheth er or not a demonstra tion is 15 made und er clause (i), th e Adn:iinistrator 16 (or th e Sta te pur suant to paragraph (7)) 17 sha11tak e int o consideration the ability of 18 th e owner or operator to pay con ective ac- 19 tion costs and still maintain its basic busi- 20 ness operatio ns, including consideration of 21 th e overa ll financia l condition of th e owner 22 or operato r and demonstrab le constraints 23 on t he ability of th e owner or operator to 24 rais e revenu es. oHR 6 EH AMERICA!\ pVERSIGHT 759 CEQ050FY18091 _000000 439 CEQ-18-0173-C-000797 758 "( iii) 1 l NTilORM./\TIO N .- 2 operator 3 this subparagTaph shall promptly provide 4 t he Administrator 5 to paragraph 6 mation n eeded to cleterrnine the ability of 7 the owner or operator to pay correct ive ac- 8 tion costs . 9 requesting An m,mer or consideration under (or the State pursuant (7)) ?with all relevant infor- "(iv) ALTERNATIVE PAYi\lENT :METII- 10 ODS.- The Administrator 11 pursuant to paragraph 12 alternative payment methods as may be 13 necessary or appropriate if the Adminis- 14 tr ator (or the State pur suant to parag raph 15 (7)) determines that an owner or operator 16 cannot pay all or a porti on of th e costs in 17 a lump sum payment. "( iii) 18 (or t he State (7)) shall consider 1\/[ISREPRESENTATION.-If an 19 owner or operato r provides false informa- 20 tion or otherv,risemisrepresents t heir finan- 21 cial situati on und er clause (ii), the Admin - 22 istrator 23 gTaph (7)) shall seek fuJl recovery of the 24 costs of all such actions pursuant to the 25 provisions of subparag raph (A) with out (or th e Stat e pursuant to para- oHR 6 EH AMERICA!\ pVERSIGHT 760 CEQ050FY18091_000000439 CEQ-18-0173-C-000798 758 "( iii) 1 l NTilORM./\TIO N .- 2 operator 3 this subparagTaph shall promptly provide 4 t he Administrator 5 to paragraph 6 mation n eeded to cleterrnine the ability of 7 the owner or operator to pay correct ive ac- 8 tion costs . 9 requesting An m,mer or consideration under (or the State pursuant (7)) ?with all relevant infor- "(iv) ALTERNATIVE PAYi\lENT :METII- 10 ODS.- The Administrator 11 pursuant to paragraph 12 alternative payment methods as may be 13 necessary or appropriate if the Adminis- 14 tr ator (or the State pur suant to parag raph 15 (7)) determines that an owner or operator 16 cannot pay all or a porti on of th e costs in 17 a lump sum payment. "( iii) 18 (or t he State (7)) shall consider 1\/[ISREPRESENTATION.-If an 19 owner or operato r provides false informa- 20 tion or otherv,risemisrepresents t heir finan- 21 cial situati on und er clause (ii), the Admin - 22 istrator 23 gTaph (7)) shall seek fuJl recovery of the 24 costs of all such actions pursuant to the 25 provisions of subparag raph (A) with out (or th e Stat e pursuant to para- oHR 6 EH AMERICA!\ pVERSIGHT 760 CEQ050FY18091_000000439 CEQ-18-0173-C-000798 759 1 consjderation of th e factors m subpara - 2 gra ph (B).". 3 SEC. 1523. INSP ECTION OF UNDERGROUND STORAGE 4 5 TANKS. (a ) I NSPE C'l'ION REQ UIRElVIEN'l'S.- Section 9005 of 6 th e Solid \?a ste Disposal Act (42 U.S.C. 6991d) is amend7 eel by insertin g the following new subsection at the end 8 th ereof: 9 "(c) L~SPEC' l'ION REQ UIRE 1\IE NT8 .- 10 "( I) UNINSPECTED TAN'ICS.-I n the ca se of un - 11 derground storag e tank s regulat ed und er this sub- 12 titl e that have not und ergone an inspection since De- 13 cernber 22 , 1998, not later than 2 years after the 14 dat e of enactm ent of this subsection, th e Adminis- 15 trator or a Stat e that receives funding und er thi s 16 subtitl e, as app ropriate, shall conduct on-site inspec- 17 tions of all such tanks to deter mine compliance with 18 this subtitl e and th e regulation s unde r th is subtitle 19 (40 C.F .R. 280) or a requir ement or standard of a 20 State progTam developed under secti on 9004 . 21 "(2) PERIODICINSPgCTIONS.-Aft er completion 22 of all inspection s required und er para graph (1), th e 23 Administrator or a State that receives fundin g und er 24 thi s subtit le, as appropr iat e, shall conduct on-site in- 25 spection s of each und crgTound storage t ank rcgu- oHR 6 EH AMERICA!\ pVERSIGHT 761 CEQ050 FY18091_000000439 CEQ-18-0173-C-000799 759 1 consjderation of th e factors m subpara - 2 gra ph (B).". 3 SEC. 1523. INSP ECTION OF UNDERGROUND STORAGE 4 5 TANKS. (a ) I NSPE C'l'ION REQ UIRElVIEN'l'S.- Section 9005 of 6 th e Solid \?a ste Disposal Act (42 U.S.C. 6991d) is amend7 eel by insertin g the following new subsection at the end 8 th ereof: 9 "(c) L~SPEC' l'ION REQ UIRE 1\IE NT8 .- 10 "( I) UNINSPECTED TAN'ICS.-I n the ca se of un - 11 derground storag e tank s regulat ed und er this sub- 12 titl e that have not und ergone an inspection since De- 13 cernber 22 , 1998, not later than 2 years after the 14 dat e of enactm ent of this subsection, th e Adminis- 15 trator or a Stat e that receives funding und er thi s 16 subtitl e, as app ropriate, shall conduct on-site inspec- 17 tions of all such tanks to deter mine compliance with 18 this subtitl e and th e regulation s unde r th is subtitle 19 (40 C.F .R. 280) or a requir ement or standard of a 20 State progTam developed under secti on 9004 . 21 "(2) PERIODICINSPgCTIONS.-Aft er completion 22 of all inspection s required und er para graph (1), th e 23 Administrator or a State that receives fundin g und er 24 thi s subtit le, as appropr iat e, shall conduct on-site in- 25 spection s of each und crgTound storage t ank rcgu- oHR 6 EH AMERICA!\ pVERSIGHT 761 CEQ050 FY18091_000000439 CEQ-18-0173-C-000799 760 1 lated und er th is subtit le at least once every 3 years 2 to determine complianc e with thi s subtitl e and the 3 regulation s und er this subtitl e (40 C.F .R. 280) or a 4 requir ement or standard of a State program devcl- 5 oped und er section 9004. The Administrator may ex- 6 tend for up to one additional year th e fir st 3-year 7 inspection int er val under th is para graph if the State 8 demonstra tes that it ha s insuffi cient r esources to 9 complete all such inspect ions within th e first 3-year 10 period . 11 "(3) INSPECTION AU'l'IIORI'l'Y. - Nothing in this 12 section shall be constru ed to diminish the Adrninis- 13 trator 's or 14 9005(a). " . 15 (b) S'I'UDY 011' .AJil'ERNNl'IVE a State's authorities und er section L'\TSPECrl'ION PR0 - 16 GRAl\ IS.-Th e Administrator of the Envirornn ental Protec 17 tion Agency, in coordination with a State, shall gather in18 formation on complian ce assurance programs that could 19 serve as an alternat ive to th e inspection programs m1dcr 20 section 9005 (c) of th e Solid 'N a.ste Disposal Act (42 21 U.S. C. 6991cl(c)) and shall , ,vithin 4 year s after the date 22 of enactment of thi s Act, subn1it a r eport to th e Congress 23 containin g the result s of such study. oHR 6 EH AMERICA!\ pVERSIGHT 762 CEQ050 FY18091_000000439 CEQ-18-0173-C-000800 760 1 lated und er th is subtit le at least once every 3 years 2 to determine complianc e with thi s subtitl e and the 3 regulation s und er this subtitl e (40 C.F .R. 280) or a 4 requir ement or standard of a State program devcl- 5 oped und er section 9004. The Administrator may ex- 6 tend for up to one additional year th e fir st 3-year 7 inspection int er val under th is para graph if the State 8 demonstra tes that it ha s insuffi cient r esources to 9 complete all such inspect ions within th e first 3-year 10 period . 11 "(3) INSPECTION AU'l'IIORI'l'Y. - Nothing in this 12 section shall be constru ed to diminish the Adrninis- 13 trator 's or 14 9005(a). " . 15 (b) S'I'UDY 011' .AJil'ERNNl'IVE a State's authorities und er section L'\TSPECrl'ION PR0 - 16 GRAl\ IS.-Th e Administrator of the Envirornn ental Protec 17 tion Agency, in coordination with a State, shall gather in18 formation on complian ce assurance programs that could 19 serve as an alternat ive to th e inspection programs m1dcr 20 section 9005 (c) of th e Solid 'N a.ste Disposal Act (42 21 U.S. C. 6991cl(c)) and shall , ,vithin 4 year s after the date 22 of enactment of thi s Act, subn1it a r eport to th e Congress 23 containin g the result s of such study. oHR 6 EH AMERICA!\ pVERSIGHT 762 CEQ050 FY18091_000000439 CEQ-18-0173-C-000800 761 1 SEC. 1524. OPERATOR TRAINING. 2 (a) I N GENERAL.-S ection 901 0 of th e Solid v\Taste 3 Disposa l Act (42 U .S.C. 6991i) is amended to read as fol- 4 lows: 5 6 "SEC. 9010. OPERATOR TRAINING. "( a) Gu rDELINES.- 7 "( l ) I N GENERAL. - Not later than 2 years 8 after the dat e of enactment 9 Storage ri'ank Complianc e Act of 2005, in consulta- 10 tion and cooperation \\~th States and after public no- 11 tice and opportunity for comment, th e Adrn.inistrator 12 shall publish guidelines that specify trai ning r equir e- 13 ment s for- of th e UndergTom1d 14 "(A) p ersons havin g primary r esponsibility 15 for on-site operation and maintenance of under - 16 ground storage tank systems; 17 "(B) persons having daily on-site responsi - 18 bility for the operatio n and maint enance of un- 19 dergrow1d stora ge tanks syste ms; and 20 "(C) daily, on-site employees havin g pn- 21 mar y responsibility for adcfressing emergencies 22 pr esented by a spill or release from an und er- 23 ground stora ge ta nk system. 24 "(2) 25 CONSIDERA'l'IONS.-'rh e guidelines de- scribed in paragraph (1) shall tak e into account- oHR 6 EH AMERICA!\ pVERSIGHT 763 CEQ050FY18091 _000000439 CEQ-18-0173-C-000801 761 1 SEC. 1524. OPERATOR TRAINING. 2 (a) I N GENERAL.-S ection 901 0 of th e Solid v\Taste 3 Disposa l Act (42 U .S.C. 6991i) is amended to read as fol- 4 lows: 5 6 "SEC. 9010. OPERATOR TRAINING. "( a) Gu rDELINES.- 7 "( l ) I N GENERAL. - Not later than 2 years 8 after the dat e of enactment 9 Storage ri'ank Complianc e Act of 2005, in consulta- 10 tion and cooperation \\~th States and after public no- 11 tice and opportunity for comment, th e Adrn.inistrator 12 shall publish guidelines that specify trai ning r equir e- 13 ment s for- of th e UndergTom1d 14 "(A) p ersons havin g primary r esponsibility 15 for on-site operation and maintenance of under - 16 ground storage tank systems; 17 "(B) persons having daily on-site responsi - 18 bility for the operatio n and maint enance of un- 19 dergrow1d stora ge tanks syste ms; and 20 "(C) daily, on-site employees havin g pn- 21 mar y responsibility for adcfressing emergencies 22 pr esented by a spill or release from an und er- 23 ground stora ge ta nk system. 24 "(2) 25 CONSIDERA'l'IONS.-'rh e guidelines de- scribed in paragraph (1) shall tak e into account- oHR 6 EH AMERICA!\ pVERSIGHT 763 CEQ050FY18091 _000000439 CEQ-18-0173-C-000801 762 1 "(A) State trai ning pro gTams in existence 2 as of th e dat e of publicat ion of th e guidelines; 3 "( B) training program s t hat arc being em- 4 ployed by tank owncl's and tank opcl'ators as of 5 th e dat e of ena ctment of the UndcrgTound Stor- 6 age 'f ank Compliance Act of 2005; 7 "(C) th e high turnover rate of tank opera tor s and other personnel; 8 9 "( D) th e freq uency of improvement in un derground storag e tank equipment technology; 10 "(E) th e natur e of the businesses in which 11 12 the tank operators ar e engaged; 13 " (F) th e substantial cbfferences m the 14 scope and length of trainin g needed for th e clif- 15 ferent classes of persons described in subpara- 16 graph s (A), (B), and (C) of para graph (1); and 17 "( G) such other factor s as the Adminis- 18 trat or determin es to be necessary to carry out 19 thi s section. 20 "(b) STATE PRO GRAl\IS .- 21 " (1) IN GrnNrnH.AL.-Not later than 2 years 22 after th e dat e on ?which th e Administrator publishes 23 the guid elines under subsection (a)(l), each State 24 that receives fundin g und er thi s subtitl e shall de- 25 vclop Stat e-specific training rcqnir ement s tha t are oHR 6 EH AMERICA!\ pVERSIGHT 764 CEQ050FY18091 _000000439 CEQ-18-0173-C-000802 762 1 "(A) State trai ning pro gTams in existence 2 as of th e dat e of publicat ion of th e guidelines; 3 "( B) training program s t hat arc being em- 4 ployed by tank owncl's and tank opcl'ators as of 5 th e dat e of ena ctment of the UndcrgTound Stor- 6 age 'f ank Compliance Act of 2005; 7 "(C) th e high turnover rate of tank opera tor s and other personnel; 8 9 "( D) th e freq uency of improvement in un derground storag e tank equipment technology; 10 "(E) th e natur e of the businesses in which 11 12 the tank operators ar e engaged; 13 " (F) th e substantial cbfferences m the 14 scope and length of trainin g needed for th e clif- 15 ferent classes of persons described in subpara- 16 graph s (A), (B), and (C) of para graph (1); and 17 "( G) such other factor s as the Adminis- 18 trat or determin es to be necessary to carry out 19 thi s section. 20 "(b) STATE PRO GRAl\IS .- 21 " (1) IN GrnNrnH.AL.-Not later than 2 years 22 after th e dat e on ?which th e Administrator publishes 23 the guid elines under subsection (a)(l), each State 24 that receives fundin g und er thi s subtitl e shall de- 25 vclop Stat e-specific training rcqnir ement s tha t are oHR 6 EH AMERICA!\ pVERSIGHT 764 CEQ050FY18091 _000000439 CEQ-18-0173-C-000802 763 1 consist ent vvi.th th e guidelines developed und er sub - 2 section (a)(l). 3 4 "( 2) REQUIREMENTS.- Statc requir ement s clcscribed in paragr aph (1) shall- 5 "(A ) be consistent with subsection (a); 6 "(B) be developed in cooperation with tank 7 owners and tank operators; 8 "(C) tak e into considera tion trainin g pro- 9 gr am s implement ed by tanl<: o,,vncrs and tank 10 operator s as of th e dat e of enactment of thi s 11 section; and 12 "( D) be appropriate ly com1ntmicat ed to 13 tank owners and operators. 14 "(3) F INANCIAL, INCENT1VB.-rl'h e Adminis- 15 tr ator may award to a State that develops and im- 16 plement s r equir ements described in paragraph 17 in addition to any ftmds that the State is entitl ed to 18 receive und er thi s subt itle, not more than $200 ,000 , 19 to be used to carr y out the requi rement s. 20 "(c) rrRAINING.-A ll p ersons that arc subject to the (1), 21 operato r tra inin g requir e1nent s of sub sect ion (a) sha ll"( 1) meet th e trainin g r equir ement s developed 22 23 tmd er sub section (b); and 24 "(2) repeat the applicab le requir ement s devel- 25 oped und c1? sub sect ion (b), if th e tank for which th ey oHR 6 EH AMERICA!\ pVERSIGHT 765 CEQ050 FY18091_000000439 CEQ-18-0173-C-000803 763 1 consist ent vvi.th th e guidelines developed und er sub - 2 section (a)(l). 3 4 "( 2) REQUIREMENTS.- Statc requir ement s clcscribed in paragr aph (1) shall- 5 "(A ) be consistent with subsection (a); 6 "(B) be developed in cooperation with tank 7 owners and tank operators; 8 "(C) tak e into considera tion trainin g pro- 9 gr am s implement ed by tanl<: o,,vncrs and tank 10 operator s as of th e dat e of enactment of thi s 11 section; and 12 "( D) be appropriate ly com1ntmicat ed to 13 tank owners and operators. 14 "(3) F INANCIAL, INCENT1VB.-rl'h e Adminis- 15 tr ator may award to a State that develops and im- 16 plement s r equir ements described in paragraph 17 in addition to any ftmds that the State is entitl ed to 18 receive und er thi s subt itle, not more than $200 ,000 , 19 to be used to carr y out the requi rement s. 20 "(c) rrRAINING.-A ll p ersons that arc subject to the (1), 21 operato r tra inin g requir e1nent s of sub sect ion (a) sha ll"( 1) meet th e trainin g r equir ement s developed 22 23 tmd er sub section (b); and 24 "(2) repeat the applicab le requir ement s devel- 25 oped und c1? sub sect ion (b), if th e tank for which th ey oHR 6 EH AMERICA!\ pVERSIGHT 765 CEQ050 FY18091_000000439 CEQ-18-0173-C-000803 764 1 have primary daily on-site management responsibil- 2 ities is determined to be out of compliance ?with- 3 "(A) a requirement or stan dard promul - 4 gated by the Administrator und er section 9003; 5 or 6 "(B) a req1..u rement or standard of a State 7 8 program approved und er section 9004. " . (b) S' t'ATJ? PI {OGHAM RBC~UIRE i\tENT.-Section 9 9004(a) of th e Solid vVaste Disposal Act (42 U.S .C. 10 6991c(a)) is amended by striking "and " at the encl of 11 paragraph (7), by str iking th e period at the end of para12 gTaph (8) and inserting "; and", and by adding th e fol13 lo-wing new para gra ph at the end th ereof: "(9) State -specific train ing requirem ent s as re- 14 15 q1..ur ed by section 9010. " . 16 (c) E NFORCE.iV lEN'l'.-S ection 9006(d)(2) of such Act 17 (42 U.S.C. 6991e) is amended as follows: (1) By st riking "or" at the end of subpa.ra- 18 19 graph (B). 20 21 (2) By adding the following new subpara graph after subpara graph (C): 22 ''( D) the training requirement s esta blished by 23 States pur suant to section 9010 (relat ing to oper- 24 ator trainin g); or". oHR 6 EH AMERICA!\ pVERSIGHT 766 CEQ050FY18091 _000000439 CEQ-18-0173-C-000804 764 1 have primary daily on-site management responsibil- 2 ities is determined to be out of compliance ?with- 3 "(A) a requirement or stan dard promul - 4 gated by the Administrator und er section 9003; 5 or rement or standard of a State "(B) a req1..u 6 7 8 program approved und er section 9004. " . (b) S' t'ATJ? PI {OGHAM RBC~UIRE i\tENT.-Section 9 9004(a) of th e Solid vVaste Disposal Act (42 U.S .C. 10 6991c(a)) is amended by striking "and " at the encl of 11 paragraph (7), by str iking th e period at the end of para12 gTaph (8) and inserting "; and", and by adding th e fol13 lo-wing new para gra ph at the end th ereof: "(9) State -specific train ing requirem ent s as re- 14 15 q1..ur ed by section 9010. " . 16 (c) E NFORCE.iV lEN'l'.-S ection 9006(d)(2) of such Act 17 (42 U.S.C. 6991e) is amended as follows: (1) By st riking "or" at the end of subpa.ra- 18 19 graph (B). 20 21 (2) By adding the following new subpara graph after subpara graph (C): 22 ''( D) the training requirement s esta blished by 23 States pur suant to section 9010 (relat ing to oper- 24 ator trainin g); or". oHR 6 EH AMERICA!\ pVERSIGHT 766 CEQ050FY18091 _000000439 CEQ-18-0173-C-000804 765 1 (d) "r AB LJB OF' CONTENTS.- Th e item relat ing to sec- 2 tion 9010 in tab le of contents for the Solid vVaste Disposal 3 Act is amend ed to read as follows: " See. 90 10. Operator tra i11ing.'' . 4 SEC. 1525. REMEDIATION FROM OXYGENATED FUEL ADDI- 5 6 TIVES. Section 9003(h ) of th e Solid ,Vaste Disposa l Act (42 7 U.S.C. 6991b(h) ) is amended as folluws: 8 (1) In paragraph (7)(A)- 9 (A) by striking "pa ragTaphs (1) and (2) of 10 this subsection" and inserting "p aragrap hs (1), 11 (2), and (12) "; and (B) by strikin g "a nd including th e authori- 12 13 ties of para graph s (4), (6), and (8) of this sub - 14 section' ' and inserting "a nd th e authorit y und er 15 section s 9011 and 9012 and paragTaph s (4), 16 ( 6), and (8)," . 17 (2) By adding at th e end the following: 18 '(( 12) REMEDINl'IO N OF' 0)..'YGENA'l'EDlo'UEL 19 CON'l'AMINA'l'IO N .- 20 "(A) IN GENERAL .-T he Administ rator 21 and th e States may u se funds mad e available 22 under section 9014(2)(B ) to car ry out corr ec- 23 tive action s with respect to a release of a fuel 24 containin g an oxygenated fuel additive that pr e- oHR 6 EH AMERICA!\ pVERSIGHT 767 CEQ050FY18091_000000439 CEQ-18-0173-C-000805 765 1 (d) "r AB LJB OF' CONTENTS.- Th e item relat ing to sec- 2 tion 9010 in tab le of contents for the Solid vVaste Disposal 3 Act is amend ed to read as follows: " See. 90 10. Operator tra i11ing.'' . 4 SEC. 1525. REMEDIATION FROM OXYGENATED FUEL ADDI- 5 6 TIVES. Section 9003(h ) of th e Solid ,Vaste Disposa l Act (42 7 U.S.C. 6991b(h) ) is amended as folluws: 8 (1) In paragraph (7)(A)- 9 (A) by striking "pa ragTaphs (1) and (2) of 10 this subsection" and inserting "p aragrap hs (1), 11 (2), and (12) "; and (B) by strikin g "a nd including th e authori- 12 13 ties of para graph s (4), (6), and (8) of this sub - 14 section' ' and inserting "a nd th e authorit y und er 15 section s 9011 and 9012 and paragTaph s (4), 16 ( 6), and (8)," . 17 (2) By adding at th e end the following: 18 '(( 12) REMEDINl'IO N OF' 0)..'YGENA'l'EDlo'UEL 19 CON'l'AMINA'l'IO N .- 20 "(A) IN GENERAL .-T he Administ rator 21 and th e States may u se funds mad e available 22 under section 9014(2)(B ) to car ry out corr ec- 23 tive action s with respect to a release of a fuel 24 containin g an oxygenated fuel additive that pr e- oHR 6 EH AMERICA!\ pVERSIGHT 767 CEQ050FY18091_000000439 CEQ-18-0173-C-000805 766 1 sent s a thr eat to hu man health or welfar e or 2 th e environm ent. "(B ) APPLI CABLE AUTIIORITY.-T he Ad- 3 4 mini strator or a Sta te shall carr y out subpara- 5 graph (A) in accordanc e ?with paragraph 6 and in th e case of a Stat e, in accordance with 7 a cooperati ve agr eement ent er ed into by th e Ad- 8 ministrator 9 (7) ." . (2), and th e Stat e und er para graph 10 SEC. 1526. RELEASE PREVENTION , COMPLIANCE, AND EN 11 12 FORCEMENT. (a ) RELE ASE PL{E VEN' l'IO N AN D COMPI.,L\ NCJ3; .-Sub- 13 titl e I of th e Solid \?a ste Disposal Act (42 U.S.C. 6991 14 et seq.) is amended by addin g at t he end th e follm~ring: 15 "SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 16 17 COMPLIANCE. '' Fund s mad e availab le und er section 90 ] 4(2 )(D) 18 fr om th e Tru st Fund may be u sed to condu ct inspection s, 19 issue order s, or br ing acti ons und er this subt itl e- 20 "(1) by a Stat e, in accord ance with a gran t or 21 cooperati ve agreement ?with th e Admin istrat or , of 22 Stat e r egulation s pertainin g to und erg1?ound stora ge 23 tank s r egulat ed und er th is subtitle; and oHR 6 EH AMERICA!\ pVERSIGHT 768 CEQ050FY18091_000000439 CEQ-18-0173-C-000806 766 1 sent s a thr eat to hu man health or welfar e or 2 th e environm ent. "(B ) APPLI CABLE AUTIIORITY.-T he Ad- 3 4 mini strator or a Sta te shall carr y out subpara- 5 graph (A) in accordanc e ?with paragraph 6 and in th e case of a Stat e, in accordance with 7 a cooperati ve agr eement ent er ed into by th e Ad- 8 ministrator 9 (7) ." . (2), and th e Stat e und er para graph 10 SEC. 1526. RELEASE PREVENTION , COMPLIANCE, AND EN 11 12 FORCEMENT. (a ) RELE ASE PL{E VEN' l'IO N AN D COMPI.,L\ NCJ3; .-Sub- 13 titl e I of th e Solid \?a ste Disposal Act (42 U.S.C. 6991 14 et seq.) is amend ed by addin g at t he end th e follm~ring: 15 "SEC. 9011. USE OF FUNDS FOR RELEASE PREVENTION AND 16 17 COMPLIANCE. '' Fund s mad e availab le und er section 90 ] 4(2 )(D) 18 fr om th e Tru st Fund may be u sed to condu ct inspection s, 19 issue order s, or br ing acti ons und er this subt itl e- 20 "(1) by a Stat e, in accord ance with a gran t or 21 cooperati ve agreement ?with th e Admin istrat or , of 22 Stat e r egulation s pertainin g to und erg1?ound stora ge 23 tank s r egulat ed und er th is subtitle; and oHR 6 EH AMERICA!\ pVERSIGHT 768 CEQ050FY18091_000000439 CEQ-18-0173-C-000806 767 1 "(2) by th e Adrninistra.tor , for ta nks regulat ed 2 und er thi s subtitl e (including und er a State program 3 approved under sect ion 9004) ." . 4 (b) GOVERNMENT - OW N ED TANKS.-Sect ion 9003 of 5 th e Solid '\iVastc Di sposal Act (42 U.S .C. 6991b) is amcnd6 eel by adding at the end th e following: 7 "( i) G0VEH ,NMEN T -OvVNl~D '"l1ANKS.- "( 1) S'l'A'l'E 8 COJV IPIJ1Al'JC1? REPOH:r.-(A) Not 9 lat er than 2 yea rs after th e dat e of ena ctment of 10 thi s subsection , each State t hat receives fund ing 11 und er this subt itle shall submit to th e Administrator 12 a State complianc e report that- 13 "(-i) list s th e location and owner of each 14 undergTotmd st orag e tank described in subpara- 15 graph (B) in th e State that , as of th e dat e of 16 submjssion of th e report , is not in complian ce 17 with section 9003; and 18 "(ii) specifics the elate of th e la st inspec- 19 tion and describ es th e actions that ha ve been 20 and ?will be tak en to ensur e complian ce of th e 21 und ergTotmd stora ge tank listed und er clause 22 (i) with this subtitle. 23 "( B ) An underground storage tank descr ibed in 24 thi s subparagr ap h is an und erground stora ge tank 25 that is- oHR 6 EH AMERICA!\ pVERSIGHT 769 CEQ050 FY18091_000000439 CEQ-18-0173-C-000807 767 1 "(2) by th e Adrninistra.tor , for ta nks regulat ed 2 und er thi s subtitl e (including und er a State program 3 approved under sect ion 9004) ." . 4 (b) GOVERNMENT - OW N ED TANKS.-Sect ion 9003 of 5 th e Solid '\iVastc Di sposal Act (42 U.S .C. 6991b) is amcnd6 eel by adding at the end th e following: 7 "( i) G0VEH ,NMEN T -OvVNl~D '"l1ANKS.- "( 1) S'l'A'l'E 8 COJV IPIJ1Al'JC1? REPOH:r.-(A) Not 9 lat er than 2 yea rs after th e dat e of ena ctment of 10 thi s subsection , each State t hat receives fund ing 11 und er this subt itle shall submit to th e Administrator 12 a State complianc e report that- 13 "(-i) list s th e location and owner of each 14 undergTotmd st orag e tank described in subpara- 15 graph (B) in th e State that , as of th e dat e of 16 submjssion of th e report , is not in complian ce 17 with section 9003; and 18 "(ii) specifics the elate of th e la st inspec- 19 tion and describ es th e actions that ha ve been 20 and ?will be tak en to ensur e complian ce of th e 21 und ergTotmd stora ge tank listed und er clause 22 (i) with this subtitle. 23 "( B ) An underground storage tank descr ibed in 24 thi s subparagr ap h is an und erground stora ge tank 25 that is- oHR 6 EH AMERICA!\ pVERSIGHT 769 CEQ050 FY18091_000000439 CEQ-18-0173-C-000807 768 1 "( i) regulat ed un der thi s subtitl e; and 2 "(ji) owned or operated by the Federal, 3 State, or local government . 4 "(C) 'rhc Administrator shall make each report , 5 received und er subparagr aph (A), available to the 6 public through an appropr iate media. 7 "(2) F l NANClJ\l J ! NCEN TI VR-' fh e Adminis - 8 trator may a-ward to a State that develops a report 9 described in paragraph (1), in addition to any other 10 funds that th e State is entitl ed to receive unde r thi s 11 subtitl e, not more than $50,000 , to be used to carr y 12 out th e report. 13 "(3 ) Norr A SAl i'E HARBOR.-'l"'l1is subsection 14 does not relieve any person from any obligation or 15 requiren1ent und er this subtitl e." . 16 (c) P UBLI C Rg coRD.- Section 9002 of th e Solid 17 vVaste Disposal Act (42 U.S.C. 6991a ) is amended by add- 18 ing at tb e end the foLiowing: 19 "(d) P UBLI C RECORD.- 20 "( 1) IN GENERAL .- The Admini strator shall re- 21 quir e each Stat e that receives F ederal fund s to carry 22 out thi s subtitl e to maint ain, updat e at least annu- 23 ally, and make available to the public, in such man- 24 ner and form as th e Administrat or shall pr escribe oHR 6 EH AMERICA!\ pVERSIGHT 770 CEQ050FY18091 _000000439 CEQ-18-0173-C-000808 768 1 "( i) regulat ed un der thi s subtitl e; and 2 "(ji) owned or operated by the Federal, 3 State, or local government . 4 "(C) 'rhc Administrator shall make each report , 5 received und er subparagr aph (A), available to the 6 public through an appropr iate media. 7 "(2) F l NANClJ\l J ! NCEN TI VR-' fh e Adminis - 8 trator may a-ward to a State that develops a report 9 described in paragraph (1), in addition to any other 10 funds that th e State is entitl ed to receive unde r thi s 11 subtitl e, not more than $50,000 , to be used to carr y 12 out th e report. 13 "(3 ) Norr A SAl i'E HARBOR.-'l"'l1is subsection 14 does not relieve any person from any obligation or 15 requiren1ent und er this subtitl e." . 16 (c) P UBLI C Rg coRD.- Section 9002 of th e Solid 17 vVaste Disposal Act (42 U.S.C. 6991a ) is amended by add- 18 ing at tb e end the foLiowing: 19 "(d) P UBLI C RECORD.- 20 "( 1) IN GENERAL .- The Admini strator shall re- 21 quir e each Stat e that receives F ederal fund s to carry 22 out thi s subtitl e to maint ain, updat e at least annu- 23 ally, and make available to the public, in such man- 24 ner and form as th e Administrat or shall pr escribe oHR 6 EH AMERICA!\ pVERSIGHT 770 CEQ050FY18091 _000000439 CEQ-18-0173-C-000808 769 1 (after consultation wit h States), a record of und er- 2 ground stora ge tank s regulated und er this subtitl e. 3 "(2) CONSIDERA1'IONS.- To th e maximum ex- 4 tent practi cable, t he public record of a Stat e, respec- 5 tivcly, shall in clud e, for each year- 6 "(A) the numb er , sour ces, and cau ses of 7 underground stora ge tank releases in the State; 8 "(B) th e record of cornpliance by und cr- 9 ground stora ge tank s in the State with- 10 "( i) this subt itle; or 11 "( ii) an applicab le Stat e pr ogram ap- 12 pr oved und er section 9004 ; and 13 " (C) data on the numb er of und erground 14 stora ge tank equipm ent failur es in th e Stat e." . 15 (d) l NCEN' l'lVE POR PERl<'(JRl\lA!'-JCE.-Section 9006 16 of th e Solid "\i\T aste Disposal Act (42 U.S.C . 699 1e) is 17 amended by adding at th e end the following: 18 "(e) INCENTIVE FOR PERFORl\iIA1'\JC E.- Both of th e 19 following may be tak en into account iu cleterm iuing the 20 t erms of a civil pen alty und er subsection (d): 21 " (1) rrhe compliance history of an owner or op- 22 erator in accordance with thi s subtitl e or a progTam 23 approved under section 9004. 24 25 "(2) Any other factor th e Administrator considers app1?opriate." . oHR 6 EH AMERICA!\ pVERSIGHT 771 CEQ050 FY18091_000000439 CEQ-18-0173-C-000809 769 1 (after consultation wit h States), a record of und er- 2 ground stora ge tank s regulated und er this subtitl e. 3 "(2) CONSIDERA1'IONS.- To th e maximum ex- 4 tent practi cable, t he public record of a Stat e, respec- 5 tivcly, shall in clud e, for each year- 6 "(A) the numb er , sour ces, and cau ses of 7 underground stora ge tank releases in the State; 8 "(B) th e record of cornpliance by und cr- 9 ground stora ge tank s in the State with- 10 "( i) this subt itle; or 11 "( ii) an applicab le Stat e pr ogram ap- 12 pr oved und er section 9004 ; and 13 " (C) data on the numb er of und erground 14 stora ge tank equipm ent failur es in th e Stat e." . 15 (d) l NCEN' l'lVE POR PERl<'(JRl\lA!'-JCE.-Section 9006 16 of th e Solid "\i\T aste Disposal Act (42 U.S.C . 699 1e) is 17 amended by adding at th e end the following: 18 "(e) INCENTIVE FOR PERFORl\iIA1'\JC E.- Both of th e 19 following may be tak en into account iu cleterm iuing the 20 t erms of a civil pen alty und er subsection (d): 21 " (1) rrhe compliance history of an owner or op- 22 erator in accordance with thi s subtitl e or a progTam 23 approved under section 9004. "(2) Any other factor th e Administrator con- 24 25 siders app1?opriate." . oHR 6 EH AMERICA!\ pVERSIGHT 771 CEQ050 FY18091_000000439 CEQ-18-0173-C-000809 770 1 (e) rI' ABLE OF CONTENTS.-'rh e table of content s for 2 such subtitl e I is amended by adding the following new 3 itcm at the end thereof: "Sec . 901L Use of' fu nds Vo1? l'eleasc prev ention and complian ce." . 4 SEC. 1527. DELNERY PROHIBITION. 5 (a) IN GENERAL.- Subtitl c I of th e Solid Waste Dis- 6 posal Act (42 U.S .C. 6991 ct seq.) is amended by adding 7 at the end the follov1~ng: 8 9 "SEC. 9012. DELNERY PROHIBITION. ''( a) REQUIREMENT S.- 10 "( l ) PROIIIBITIO N OF DELIVERY OR DE- 11 POSrr.- Bcginning 2 year s aft er t he dat e of enact- 12 mcnt of this section, it shall be unlawful to deliver 13 to, deposit into, or accept a regulated sub stan ce into 14 an underground storag e tank at a facility which has 15 been identified by the Administrator or a State im- 16 plementin g agency to be ineligible for fuel delivery or 17 deposit. 18 ''(2) GUH)1\J'\TCE.-Vlithi:n 1 year after th e dat e 19 of en actment of thi s section , the Admini strato1? and 20 States that receive funding und er thi s subtit le shall, 21 in consultation with th e und erground storage tank 22 own er and product delivery indu stries, for territor y 23 for which they are th e primar y implementing agen- 24 cies, publish guidelines detailin g the specific pro c- 25 esses and procedur es t hey will use to implement the oHR 6 EH AMERICA!\ pVERSIGHT 772 CEQ050FY18091_000000439 CEQ-18-0173-C-000810 770 1 (e) rI' ABLE OF CONTENTS.-'rh e table of content s for 2 such subtitl e I is amended by adding the following new 3 itcm at the end thereof: "Sec . 901L Use of' fu nds Vo1? l'eleasc prev ention and complian ce." . 4 SEC. 1527. DELNERY PROHIBITION. 5 (a) IN GENERAL.- Subtitl c I of th e Solid Waste Dis- 6 posal Act (42 U.S .C. 6991 ct seq.) is amended by adding 7 at the end the follov1~ng: 8 9 "SEC. 9012. DELNERY PROHIBITION. ''( a) REQUIREMENT S.- 10 "( l ) PROIIIBITIO N OF DELIVERY OR DE- 11 POSrr.- Bcginning 2 year s aft er t he dat e of enact- 12 mcnt of this section, it shall be unlawful to deliver 13 to, deposit into, or accept a regulated sub stan ce into 14 an underground storag e tank at a facility which has 15 been identified by the Administrator or a State im- 16 plementin g agency to be ineligible for fuel delivery or 17 deposit. 18 ''(2) GUH)1\J'\TCE.-Vlithi:n 1 year after th e dat e 19 of en actment of thi s section , the Admini strato1? and 20 States that receive funding und er thi s subtit le shall, 21 in consultation with th e und erground storage tank 22 own er and product delivery indu stries, for territor y 23 for which they are th e primar y implementing agen- 24 cies, publish guidelines detailin g the specific pro c- 25 esses and procedur es t hey will use to implement the oHR 6 EH AMERICA!\ pVERSIGHT 772 CEQ050FY18091_000000439 CEQ-18-0173-C-000810 771 1 provisions of thi s section. The pr ocesses and proce- 2 ENJU_; TIES.- Any per son 10 violating claus e (i) of this subpara graph 11 shall be subject to a civil penalt y not to ex- 12 ceed $10,000 for each violation. " (4) LIMITATION.- 13 14 " (A) RURAL AND REMOTE AREA S.-Sub- 15 j ect to subpara graph (B) , th e Adminjst rator or 16 a Stat e shall not include an und erground stor - 17 age tank on a Delivery P rohibition Roster 18 under para gra ph (3) if an m?gent thr eat to pub- 19 lic health , as determin ed by the Administrat or , 20 docs not exist and if su ch a delivery prohibition 21 would j eopardize th e availabiJity of, or access 22 to , fuel in any rural and remote ar eas. 23 " (B) A.PP I,ICABILI'l 'Y 01<' Lil\iJIT Al' 'ION.- 24 The limitat ion under subparagraph (A) shall 25 apply only during the 180-day period following oHR 6 EH AMERICA!\ pVERSIGHT 775 CEQ050FY18 091_000000439 CEQ-18-0173-C-000813 773 "( i) PROIJJBITTON.-lt 1 sha ll be tmlaw- 2 ful for any person, other than an author- 3 ized representati ve of th e Administrator or 4 a 5 with, destroy, or dama ge a device installed 6 by th e Administrator or a Stat e, as appro - 7 priat e, und er subpara graph (B)(iii) of th is 8 subsection. Stat e, as appropriat e, to remove, tamp er 9 "( ii) CIVIL I>ENJU_; TIES.- Any per son 10 violating claus e (i) of this subpara graph 11 shall be subject to a civil penalt y not to ex- 12 ceed $10,000 for each violation. " (4) LIMITATION.- 13 14 " (A) RURAL AND REMOTE AREA S.-Sub- 15 j ect to subpara graph (B) , th e Adminjst rator or 16 a Stat e shall not include an und erground stor - 17 age tank on a Delivery P rohibition Roster 18 under para gra ph (3) if an m?gent thr eat to pub- 19 lic health , as determin ed by the Administrat or , 20 docs not exist and if su ch a delivery prohibition 21 would j eopardize th e availabiJity of, or access 22 to , fuel in any rural and remote ar eas. 23 " (B) A.PP I,ICABILI'l 'Y 01<' Lil\iJIT Al' 'ION.- 24 The limitat ion under subparagraph (A) shall 25 apply only during the 180-day period following oHR 6 EH AMERICA!\ pVERSIGHT 775 CEQ050FY18 091_000000439 CEQ-18-0173-C-000813 774 1 th e date of a determination by the Adminis- 2 trator or the appropriate State that exercising 3 th e authorit y of pai-agraph (3) is limited by 4 subparagraph (A). 5 "(b) EFFE CT ON STATE AU'I'IIORI'I'Y.- Nothing in 6 thi s section shall affect th e authority of a State to prohibit 7 th e delivery of a regulat ed substance to an und erground 8 stora ge tank. 9 "(c) DEFENSE TO VIOLATION.- .A. per son shall not 10 be in violation of sub section (a)( l) if th e underground 11 storag e tank into which a regulat ed sub stan ce is delivered 12 is not listed on the Administrator' s or th e appropriat e 13 State's Prohibited Delivery Roster 7 calendar days prior 14 to th e delivery being made." . 15 (b) E NFORCEi\IBN' l'.-S ection 9006 (d)(2) of such Act 16 (42 U.S. C. 6991 e(d)(2)) is amended as folJows: (J) By adding the follo~~ng new subpara graph 17 18 afte r subparagraph (D ): 19 20 "(E) th e delivery prohibitio n requir ement estab lished by section 9012 ," . 21 (2) By adding th e follmving new sentence at the 22 end thereof: "1\ny person makin g or accepting a de- 23 livery or deposit of a regulat ed sub sta n ce to an un- 24 dcrground storag e tanl{ at an ineligible fa cility in oHR 6 EH AMERICA!\ pVERSIGHT 776 CEQ050FY18091 _000000439 CEQ-18-0173-C-000814 774 1 th e date of a determination by the Adminis- 2 trator or the appropriate State that exercising 3 th e authorit y of pai-agraph (3) is limited by 4 subparagraph (A). 5 "(b) EFFE CT ON STATE AU'I'IIORI'I'Y.- Nothing in 6 thi s section shall affect th e authority of a State to prohibit 7 th e delivery of a regulat ed substance to an und erground 8 stora ge tank. 9 "(c) DEFENSE TO VIOLATION.- .A. per son shall not 10 be in violation of sub section (a)( l) if th e underground 11 storag e tank into which a regulat ed sub stan ce is delivered 12 is not listed on the Administrator' s or th e appropriat e 13 State's Prohibited Delivery Roster 7 calendar days prior 14 to th e delivery being made." . 15 (b) E NFORCEi\IBN' l'.-S ection 9006 (d)(2) of such Act 16 (42 U.S. C. 6991 e(d)(2)) is amended as folJows: (J) By adding the follo~~ng new subpara graph 17 18 afte r subparagraph (D ): 19 20 "(E) th e delivery prohibitio n requir ement estab lished by section 9012 ," . 21 (2) By adding th e follmving new sentence at the 22 end thereof: "1\ny person makin g or accepting a de- 23 livery or deposit of a regulat ed sub sta n ce to an un- 24 dcrground storag e tanl{ at an ineligible fa cility in oHR 6 EH AMERICA!\ pVERSIGHT 776 CEQ050FY18091 _000000439 CEQ-18-0173-C-000814 775 1 violatjon of section 9012 sha ll also be subj ect to th e 2 same ci,ril penalty for each day of such violation. ". 3 (c) TABLE OF CON'l'E1\T11'S .-T he table of cont ents for 4 such subti tle I is amended by adding the following new 5 item at the end thereof: "Se c?. 9012. Dcliwor~? prohibition ." . 6 7 SEC. 1528 . FEDERAL FACILITIES. Section 9007 of th e Solid Waste Disposal Act (42 8 U.S.C. 6991? ) is amended to read as follows: 9 10 "SEC. 9007. FEDERAL FACILITIES. "(a) IN GENERAL .- Ea ch departm ent , agency, and 11 instrum entalit y of the executive, legislative, and judi cial 12 bran ches of the F eder al Governm ent (1) having juri sdic13 tion over any und erground stora ge tan k or und erground 14 storage tank system, or (2) engag ed in any activity result15 ing, or which may result , in th e insta llation, operati on, 16 mana gement , or closure of any und erground storage tank, 17 release response act ivities related th ereto, or in th e deJiv18 ery, acceptance, or deposit of any regulat ed sub stan ce to 19 an unde rground stora ge tank or undergTound storage tank 20 system shall be subject to, and comply with, all F ederal , 21 State, int erst at e, and local requirement s, both substanti ve 22 and procechu-al (including any requir ernent for permit s or 23 reporting or any provisions for inju nctive relief and such 24 sanctions as may be imposed by a court to enforce such 25 relief), respectin g underground stora ge tank s in t he same oHR 6 EH AMERICA!\ pVERSIGHT 777 CEQ050 FY18091_000000439 CEQ-18-0173-C-000815 775 1 violatjon of section 9012 sha ll also be subj ect to th e 2 same ci,ril penalty for each day of such violation. ". 3 (c) TABLE OF CON'l'E1\T11'S .-T he table of cont ents for 4 such subti tle I is amended by adding the following new 5 item at the end thereof: "Se c?. 9012. Dcliwor~? prohibition ." . 6 7 SEC. 1528 . FEDERAL FACILITIES. Section 9007 of th e Solid Waste Disposal Act (42 8 U.S.C. 6991? ) is amended to read as follows: 9 10 "SEC. 9007. FEDERAL FACILITIES. "(a) IN GENERAL .- Ea ch departm ent , agency, and 11 instrum entalit y of the executive, legislative, and judi cial 12 bran ches of the F eder al Governm ent (1) having juri sdic13 tion over any und erground stora ge tan k or und erground 14 storage tank system, or (2) engag ed in any activity result15 ing, or which may result , in th e insta llation, operati on, 16 mana gement , or closure of any und erground storage tank, 17 release response act ivities related th ereto, or in th e deJiv18 ery, acceptance, or deposit of any regulat ed sub stan ce to 19 an unde rground stora ge tank or undergTound storage tank 20 system shall be subject to, and comply with, all F ederal , 21 State, int erst at e, and local requirement s, both substanti ve 22 and procechu-al (including any requir ernent for permit s or 23 reporting or any provisions for inju nctive relief and such 24 sanctions as may be imposed by a court to enforce such 25 relief), respectin g underground stora ge tank s in t he same oHR 6 EH AMERICA!\ pVERSIGHT 777 CEQ050 FY18091_000000439 CEQ-18-0173-C-000815 776 1 manner , and to th e same ext ent , as any person is subj ect 2 to such requjr ement s, including th e payn1ent of reasonable 3 service charg es. The F ederal , Stat e, int el'Statc, and local 4 substantiv e and pro cedural requirement s refen ed to in 5 thi s subsection include, but ar c not limited to, all admini s6 trati ve orders and an civil and aclruiJ1istrativ e penalti es 7 and fines, regard less of wheth er such penaJties or fines 8 ar e puniti ve or coercive in natur e or ar e imposed for iso9 lat ed, int ermitt ent , or continuing violations. The Unit ed 10 Stat es hereby eJq:n-essly waives any immunity oth erwise 11 applicable to the Unit ed Sta tes with respect to any su ch 12 substanti ve or pro cedural requirement (including, but not 13 limited to, any injun ctive relief, admini strati ve order or 14 civil or administrativ e penalt y or fine referr ed to in the 15 preceding senten ce, or reasonable service char ge). Th e rea- 16 sonable service char ges referr ed t o in thi s subsection in- 17 elude, but ar e not limited to , fees or char ges assesse d in 18 cormection with th e pr ocessing and issuan ce of p e1?mits, 19 renewal of permit s, amendment s to permit s, revievv of 20 plan s, studi es, and oth er doctunent s, and insp ection and 21 monitorin g of facilities, as weJl as any other nondiscrim22 ina tory char ges that ar e assessed in connection ?with a 23 F eder al, Stat e, int er stat e, or local und erground st orage 24 tank regulator y pro gram. Neith er th e Unit ed Stat es, nor 25 any agent , employee, or officer thereof, shall be inunun e oHR 6 EH AMERICA!\ pVERSIGHT 778 CEQ050FY18091 _000000439 CEQ-18-0173-C-000816 776 1 manner , and to th e same ext ent , as any person is subj ect 2 to such requjr ement s, including th e payn1ent of reasonable 3 service charg es. The F ederal , Stat e, int el'Statc, and local 4 substantiv e and pro cedural requirement s refen ed to in 5 thi s subsection include, but ar c not limited to, all admini s6 trati ve orders and an civil and aclruiJ1istrativ e penalti es 7 and fines, regard less of wheth er such penaJties or fines 8 ar e puniti ve or coercive in natur e or ar e imposed for iso9 lat ed, int ermitt ent , or continuing violations. The Unit ed 10 Stat es hereby eJq:n-essly waives any immunity oth erwise 11 applicable to the Unit ed Sta tes with respect to any su ch 12 substanti ve or pro cedural requirement (including, but not 13 limited to, any injun ctive relief, admini strati ve order or 14 civil or administrativ e penalt y or fine referr ed to in the 15 preceding senten ce, or reasonable service char ge). Th e rea- 16 sonable service char ges referr ed t o in thi s subsection in- 17 elude, but ar e not limited to , fees or char ges assesse d in 18 cormection with th e pr ocessing and issuan ce of p e1?mits, 19 renewal of permit s, amendment s to permit s, revievv of 20 plan s, studi es, and oth er doctunent s, and inspection and 21 monitorin g of facilities, as weJl as any other nondiscrim22 ina tory char ges that ar e assessed in connection ?with a 23 F eder al, Stat e, int er stat e, or local und erground st orage 24 tank regulator y pro gram. Neith er th e Unit ed Stat es, nor 25 any agent , employee, or officer thereof, shall be inunun e oHR 6 EH AMERICA!\ pVERSIGHT 778 CEQ050FY18091 _000000439 CEQ-18-0173-C-000816 777 1 or exempt from any process or sanction of any State or 2 Federal Court with respect to the enforcement of any such 3 injunctive relief . No agent , employee, or officer of the 4 United States shall be personal ly liable for any civil pen - 5 alty und er any F ederal , Sta te, int erstate, or local law con6 cern ing und ergTotmd stora ge tanks ?with respect to any act 7 or omission within the scope of th e official duti es of the 8 agent , employee, or officer . .An agent, employee, or officer 9 of th e United States shall be subject to any crimina l sanc10 tion (including, but not limit ed to , any fine or imprison11 ment ) und er any F edera l or State law concernin g und er12 ground stora ge tanlq)lanations for invent ory levels dropp ing below norrnaJ ranges; and 16 (5) the ability of indu stry to meet Unit ed 17 States demand for petroleum and natural gas with - 18 out short ages or price spikes, when inventory Jcvcls 19 ar c below norm al rang es. 20 (d) REPORT TO CONGRESS .-Not later than 1 year 21 aft er th e dat e of enactm ent of thi s Act , th e Secretar y of 22 En ergy shall submit a report to Congress on th e result s 23 of the study, including finding s and any recommendation s 24 for preventing futur e supply shortages . oHR 6 EH AMERICA!\ pVERSIGHT 802 CEQ050FY18091_000000439 CEQ-18-0173-C-000840 800 1 (b) S'l'UDY.-'rh e Secretary of En ergy shall conduct 2 a study on petroleum and natural gas stora ge capacity and 3 operatio nal inventory levels, nationwide and by major gco4 graphica l regions. 5 (c) CONTEN'l'S.-T he study shall address (1) hjstori ca] normal rang es for petro leum and 6 7 natural gas inventory levels; (2) historical and prqjected storag e capacit y 8 9 tr ends? ' 10 (3) estimated operat ion inventory levels below 11 which outages, delivery slo-wdown, rationing , int er- 12 ruption s in service, or other indicato rs of shortage 13 begin to appear; 14 15 (4) e>q)lanations for invent ory levels dropp ing below norrnaJ ranges; and 16 (5) the ability of indu stry to meet Unit ed 17 States demand for petroleum and natural gas with - 18 out short ages or price spikes, when inventory Jcvcls 19 ar c below norm al rang es. 20 (d) REPORT TO CONGRESS .-Not later than 1 year 21 aft er th e dat e of enactm ent of thi s Act , th e Secretar y of 22 En ergy shall submit a report to Congress on th e result s 23 of the study, including finding s and any recommendation s 24 for preventing futur e supply shortages . oHR 6 EH AMERICA!\ pVERSIGHT 802 CEQ050FY18091_000000439 CEQ-18-0173-C-000840 801 1 SEC. 1605. STUDY OF ENERGY EFFICIENCY STANDARDS. 2 The Secretary of Energy shall contra ct with the Na - 3 tional Academy of Sciences for a study, to be completed 4 vvithin 1 year after the date of enactment of th is Act, to 5 examine whether th e goals of energy efficiency st andard s 6 ar c best served by measur ement of energy consumed, and 7 efficiency improvement s, at the actua l site of energy con8 sumption , or throu gh th e fuJJ fuel cycle, beginnin g at th e 9 sour ce of energy produ ction. The Secreta ry shall submit 10 the report to Congress. 11 SEC. 1606. TELECOMMUTING STUDY. 12 (a) STUDY REQUIRED.-T hc Secretary, in consulta - 13 tion with the Commission, the Director of th e Office of 14 P ersonnel lV Ianagement , the Administrator of General 15 Services, and the Administrator of NTIA.., shall conduct 16 a study of the energy conservati on implicat ions of the 17 viridespread adoption of telecommut ing by Federa l ernp.loy18 ees in th e United States. 19 (b) REqUIRED SuB.JECTS OP S'f'UDY.-The study re- 20 quir ed by subsection (a) shall analyze th e foll0vving sub21 j ect s in relation to t he energy savrin g pot ential of telccom22 mutin g by Federa l employees: 23 (1) Reductions of energy u se and energy costs 24 111 25 and other operati ons. commutin g and regular office heat ing, cooling, oHR 6 EH AMERICA!\ pVERSIGHT 803 CEQ050FY18091 _000000439 CEQ-18-0173-C-000841 801 1 SEC. 1605. STUDY OF ENERGY EFFICIENCY STANDARDS. 2 The Secretary of Energy shall contra ct with the Na - 3 tional Academy of Sciences for a study, to be completed 4 vvithin 1 year after the date of enactment of th is Act, to 5 examine whether th e goals of energy efficiency st andard s 6 ar c best served by measur ement of energy consumed, and 7 efficiency improvement s, at the actua l site of energy con8 sumption , or throu gh th e fuJJ fuel cycle, beginnin g at th e 9 sour ce of energy produ ction. The Secreta ry shall submit 10 the report to Congress. 11 SEC. 1606. TELECOMMUTING STUDY. 12 (a) STUDY REQUIRED.-T hc Secretary, in consulta - 13 tion with the Commission, the Director of th e Office of 14 P ersonnel lV Ianagement , the Administrator of General 15 Services, and the Administrator of NTIA.., shall conduct 16 a study of the energy conservati on implicat ions of the 17 viridespread adoption of telecommut ing by Federa l ernp.loy18 ees in th e United States. 19 (b) REqUIRED SuB.JECTS OP S'f'UDY.-The study re- 20 quir ed by subsection (a) shall analyze th e foll0vving sub21 j ect s in relation to t he energy savring pot ential of telccom22 mutin g by Federa l employees: 23 (1) Reductions of energy u se and energy costs 24 111 25 and other operati ons. commutin g and regular office heat ing, cooling, oHR 6 EH AMERICA!\ pVERSIGHT 803 CEQ050FY18091 _000000439 CEQ-18-0173-C-000841 802 1 2 (2) Oth er energy reduction s accomplished by telecommuting. 3 (3) Existin g regulator y barrier s that hamp er 4 telecommuting , including barri ers to broadband tclc- 5 communi cation s services deployment . 6 (4) Collatera l benefit s to the environm ent , fam- 7 ily life, and oth er values. 8 (c) REPORT RE(~UIRED.-The Secretary shall submit 9 to the Pr esident and Congress a report on the stud y re- l O quir ed by this section not later t han 6 month s after the 11 dat e of enactment of thi s Act . Su ch report shall includ e 12 a description of th e results of the ana lysis of each of th e 13 suQject described in subsection (b). 14 (d) DEFINITT0NS.-A.B u sed in thi s section: 15 16 (1) SECRE'l'ARY .-Th e term "Sec retar y" means th e Secretary of En ergy. 17 18 (2) C0MMISSI0N.-T 'he term "Commission" means th e F ederal Conrn1unicati ons Commission . 19 (3) NTIA.- 'rh e term "N Tllt" means the Na- 20 tional Telecommuni cations and Inf ormation Adrn.in- 21 istration of th e Depar tment of Commerce. (4) 22 'l1 ErjgC0MMUTING.-'rh e term "t elecom- 23 muting " means the perform ance of work function s 24 using communi cations techno logies, th ereby elimi- oHR 6 EH AMERICA!\ pVERSIGHT 804 CEQ050FY18091 _000000439 CEQ-18-0173-C-000842 802 1 2 (2) Oth er energy reduction s accomplished by telecommuting. 3 (3) Existin g regulator y barrier s that hamp er 4 telecommuting , including barri ers to broadband tclc- 5 communi cation s services deployment . 6 (4) Collatera l benefit s to the environm ent , fam- 7 ily life, and oth er values. 8 (c) REPORT RE(~UIRED.-The Secretary shall submit 9 to the Pr esident and Congress a report on the stud y re- l O quir ed by this section not later t han 6 month s after the 11 dat e of enactment of thi s Act . Su ch report shall includ e 12 a description of th e results of the ana lysis of each of th e 13 suQject described in subsection (b). 14 (d) DEFINITT0NS.-A.B u sed in thi s section: 15 16 (1) SECRE'l'ARY .-Th e term "Sec retar y" means th e Secretary of En ergy. 17 18 (2) C0MMISSI0N.-T 'he term "Commission" means th e F ederal Conrn1unicati ons Commission . 19 (3) NTIA.- 'rh e term "N Tllt" means the Na- 20 tional Telecommuni cations and Inf ormation Adrn.in- 21 istration of th e Depar tment of Commerce. (4) 22 'l1 ErjgC0MMUTING.-'rh e term "t elecom- 23 muting " means the perform ance of work function s 24 using communi cations techno logies, th ereby elimi- oHR 6 EH AMERICA!\ pVERSIGHT 804 CEQ050FY18091 _000000439 CEQ-18-0173-C-000842 803 1 natin g or substantiall y reducing t he need to com- 2 mut e to and from traditional worksites. 3 (5) FEDERAL El\IPLOYEE .-T he term "Federa l 4 employee" has the meaning provided th e term "em- 5 ployee" by section 210 5 of title 5, United States 6 Code. 7 8 SEC . 1607. LIHEAP REPORT. Not later than 1 year aftel' th e date of enactment 9 of this Act, the Secretary of H ealth and Human Services 10 shall t ransmit to Congress a report on how the Low-In11 come Home En ergy Assistance Program could be u sed 12 more effectively to pr event loss of life from extr eme tem13 perat ures. In preparin g such report, th e Secretary shall 14 consult vvith appropriate officials in all 50 States and the 15 Dist rict of Columbia. 16 SEC. 1608. OIL BYPASS FILTRATION TECHNOLOGY. 17 The Secretary of En ergy and the Administ rator of 18 th e En vironmental Pr otect ion Agency shall- 19 (1) conduct a j oint study of the benefits of oil 20 bypass filtration technology in reducing demand for 21 oil and protecting the environment; 22 (2) examine th e feasibility of using oil bypass 23 filtration technology in Federal motor vehicle fleets; 24 and oHR 6 EH AMERICA!\ pVERSIGHT 805 CEQ050FY18091 _000000439 CEQ-18-0173-C-000843 803 1 natin g or substantiall y reducing t he need to com- 2 mut e to and from traditional worksites. 3 (5) FEDERAL El\IPLOYEE .-T he term "Federa l 4 employee" has the meaning provided th e term "em- 5 ployee" by section 210 5 of title 5, United States 6 Code. 7 8 SEC . 1607. LIHEAP REPORT. Not later than 1 year aftel' th e date of enactment 9 of this Act, the Secretary of H ealth and Human Services 10 shall t ransmit to Congress a report on how the Low-In11 come Home En ergy Assistance Program could be u sed 12 more effectively to pr event loss of life from extr eme tem13 perat ures. In preparin g such report, th e Secretary shall 14 consult vvith appropriate officials in all 50 States and the 15 Dist rict of Columbia. 16 SEC. 1608. OIL BYPASS FILTRATION TECHNOLOGY. 17 The Secretary of En ergy and the Administ rator of 18 th e En vironmental Pr otect ion Agency shall- 19 (1) conduct a j oint study of the benefits of oil 20 bypass filtration technology in reducing demand for 21 oil and protecting the environment; 22 (2) examine th e feasibility of using oil bypass 23 filtration technology in Federal motor vehicle fleets; 24 and oHR 6 EH AMERICA!\ pVERSIGHT 805 CEQ050FY18091 _000000439 CEQ-18-0173-C-000843 804 1 (3) includ e in su ch study , pr10r to any det er- 2 mination of th e feas ibility of usin g oil bypa ss filtra- 3 tion techno log_y,the evaluation of products and var - 4 ious manufactur er s. 5 SEC. 1609. TOTAL INTEGRATED THERMAL SYSTEMS. 6 rr he Secr et ary of En ergy sha ll- 7 (1) conduct a stud y of th e benefit s of total inte- 8 grat ed ther mal syste ms in reducing demand for oil 9 and prot ecting th e environm ent ; and 10 (2) exarn..ine the feasibi lity of using tota l int e- 11 grated therma l system s in Depa rtm ent of Defense 12 and other Federal mot or vehicle fleets. 13 SEC. 1610 . UNIVE RSITY COLLABORATION. 14 Not late r than 2 yea r s after the date of ena ctm ent 15 of thi s Act, th e Secretary of En er gy sha ll tra nsmit to Con- 16 gress a r eport th at examin es th e feasibil ity of promotin g 17 collaborat ions between lar ge in st itution s of higher edu18 cation and small inst itution s of higher educat ion through 19 gr ants, contra ct s, and cooperati ve agreements mad e by th e 20 Secretary for energy proj ect s. Th e Secre ta1y shall also 21 consider prov iding in centi ves for the inclu sion of small in 22 stitution s of higher education , includ ing minor ity-servin g 23 in st itution s, in ener gy r esearch grant s, contra cts, and co24 operative agreements . oHR 6 EH AMERICA!\ pVERSIGHT 806 CEQ050 FY18091_000000439 CEQ-18-0173-C-000844 804 1 (3) includ e in su ch study , pr10r to any det er- 2 mination of th e feas ibility of usin g oil bypa ss filtra- 3 tion techno log_y,the evaluation of products and var - 4 ious manufactur er s. 5 SEC. 1609. TOTAL INTEGRATED THERMAL SYSTEMS. 6 rr he Secr et ary of En ergy sha ll- 7 (1) conduct a stud y of th e benefit s of total inte- 8 grat ed ther mal syste ms in reducing demand for oil 9 and prot ecting th e environm ent ; and 10 (2) exarn..ine the feasibi lity of using tota l int e- 11 grated therma l system s in Depa rtm ent of Defense 12 and other Federal mot or vehicle fleets. 13 SEC. 1610 . UNIVE RSITY COLLABORATION. 14 Not late r than 2 yea r s after the date of ena ctm ent 15 of thi s Act, th e Secretary of En er gy sha ll tra nsmit to Con- 16 gress a r eport th at examin es th e feasibil ity of promotin g 17 collaborat ions between lar ge in st itution s of higher edu18 cation and small inst itution s of higher educat ion through 19 gr ants, contra ct s, and cooperati ve agreements mad e by th e 20 Secretary for energy proj ect s. Th e Secre ta1y shall also 21 consider prov iding in centi ves for the inclu sion of small in 22 stitution s of higher education , includ ing minor ity-servin g 23 in st itution s, in ener gy r esearch grant s, contra cts, and co24 operative agreements . oHR 6 EH AMERICA!\ pVERSIGHT 806 CEQ050 FY18091_000000439 CEQ-18-0173-C-000844 805 1 SEC. 1611. RELIABILITY AND CONSUMER PROTECTION AS- 2 SESSMENT. 3 Not lat er than 5 year s after the dat e of ena ctm ent 4 of thi s Act , and each 5 year s th ereaft er, the F ederal En5 ergy Rcgulatol'y Commission shall assess th e effects of the 6 exemption of electri c cooperati ves and government-own ed 7 utiliti es from Commission reg ulation und er section 20l (f) 8 of th e F ederal P ower Act. '!''he assessment shall include 9 any effect s on- (1) rehabi ljty of int er stat e electri c tr ansmission 10 11 networks; 12 (2) benefit to consum ers, and efficiency, of 13 competiti ve ?wholesale electri city mark et s; 14 (3) ju st and r easonable rat es for electri city con- 15 sum ers? and ' (4) th e abilit y of th e Commission to prot ect 16 17 electri city consum ers. 18 If th e Commission finds tha t th e 20l( f) exempt ion results 19 in adver se effects on consum ers or electri c reliability, the 20 Commission shall mak e appropri ate reconun endation s to 21 Congress pur suant to section 311 of the F ederal Power 22 Act. 23 SEC. 1612. REPORT ON ENERGY INTEGRATION WITH LATIN 24 25 AMERICA. Th e Secretary of En ergy shall submit an annua l r e- 26 port to th e Committ ee on En ergy and Commer ce of the oHR 6 EH AMERICA!\ pVERSIGHT 807 CEQ050FY18 091_000000439 CEQ-18-0173-C-000845 805 1 SEC. 1611. RELIABILITY AND CONSUMER PROTECTION AS- 2 SESSMENT. 3 Not lat er than 5 year s after the dat e of ena ctm ent 4 of thi s Act , and each 5 year s th ereaft er, the F ederal En5 ergy Rcgulatol'y Commission shall assess th e effects of the 6 exemption of electri c cooperati ves and government-own ed 7 utiliti es from Commission reg ulation und er section 20l (f) 8 of th e F ederal P ower Act. '!''he assessment shall include 9 any effect s on- (1) rehabi ljty of int erstat e electri c tr ansmission 10 11 networks; 12 (2) benefit to consum ers, and efficiency, of 13 competiti ve ?wholesale electri city mark et s; 14 (3) ju st and r easonable rat es for electri city con- 15 sum ers? and ' (4) th e abilit y of th e Commission to prot ect 16 17 electri city consum ers. 18 If th e Commission finds tha t th e 20l( f) exempt ion results 19 in adver se effects on consum ers or electri c reliability, the 20 Commission shall mak e appropri ate reconun endation s to 21 Congress pur suant to section 311 of the F ederal Power 22 Act. 23 SEC. 1612. REPORT ON ENERGY INTEGRATION WITH LATIN 24 25 AMERICA. Th e Secretary of En ergy shall submit an annua l r e- 26 port to th e Committ ee on En ergy and Commer ce of the oHR 6 EH AMERICA!\ pVERSIGHT 807 CEQ050FY18 091_000000439 CEQ-18-0173-C-000845 806 1 United States Hou se of Repr esentati ves and to th e Com- 2 mittee on Energ_v and Natural Resources of th e Unit ed 3 States Senat e concerning the statu s of energy e1.. 1,or t cle4 vclopment in Latin America and effort s by the Secreta ry 5 and other departm ent s and agencies of the Unit ed States 6 to promote energy int egTati011with Latin AJnerica. The 7 report shall contain a detailed analysis of the statu s of 8 energy e},_1)or t development in 1\/Iexicoand a description of 9 all significant efforts by the Secretar y and other depart10 ment s and agencies to promote a constructive 1?elationship 11 v,rith 1\/Iexicoregarding t he development of that nati on' s 12 energy capa city. In particular thi s report sha ll outline ef13 forts th e Secretary and other departm ent s and agencies 14 have made to ensur e that regulator y approval and over15 sight of Unit ed States/Mexico border proj ect s th at resuJt 16 in th e e2\. 7)ansion of 1\/Iexican energy capacity ar e effectively 17 coordinated across departm ent s and with the lVIex:ican gov18 ernm ent. 19 SEC . 1613. LOW-VOLUME GAS RESERVOIR STUDY. 20 (a) STUDY.- The Secretary of En ergy shall make a 21 grant to an organization of oil and gas produ cing States, 22 specifically those conta ining sig11ificant numbers of mar23 ginal oil and natural gas wells, for conductin g an annual 24 study of low-volume natu ral gas reservoirs. Such organ iza- oHR 6 EH AMERICA!\ pVERSIGHT 808 CEQ050 FY18091_000000439 CEQ-18-0173-C-000846 806 1 United States Hou se of Repr esentati ves and to th e Com- 2 mittee on Energ_v and Natural Resources of th e Unit ed 3 States Senat e concerning the statu s of energy e1.. 1,or t cle4 vclopment in Latin America and effort s by the Secreta ry 5 and other departm ent s and agencies of the Unit ed States 6 to promote energy int egTati011with Latin AJnerica. The 7 report shall contain a detailed analysis of the statu s of 8 energy e},_1)or t development in 1\/Iexicoand a description of 9 all significant efforts by the Secretar y and other depart10 ment s and agencies to promote a constructive 1?elationship 11 v,rith 1\/Iexicoregarding t he development of that nati on' s 12 energy capa city. In particular thi s report sha ll outline ef13 forts th e Secretary and other departm ent s and agencies 14 have made to ensur e that regulator y approval and over15 sight of Unit ed States/Mexico border proj ect s th at resuJt 16 in th e e2\. 7)ansion of 1\/Iexican energy capacity ar e effectively 17 coordinated across departm ent s and with the lVIex:ican gov18 ernm ent. 19 SEC . 1613. LOW-VOLUME GAS RESERVOIR STUDY. 20 (a) STUDY.- The Secretary of En ergy shall make a 21 grant to an organization of oil and gas produ cing States, 22 specifically those conta ining sig11ificant numbers of mar23 ginal oil and natural gas wells, for conductin g an annual 24 study of low-volume natu ral gas reservoirs. Such organ iza- oHR 6 EH AMERICA!\ pVERSIGHT 808 CEQ050 FY18091_000000439 CEQ-18-0173-C-000846 807 1 tion shall ,vork with th e State geologist of each State being 2 studi ed . 3 (b) CowrENTS.-T hc studi es und er th is section 4 shal l(1) determin e the status and location of mar- 5 6 giJ1a] wells and gas reser voirs; (2) gath er the production information of these 7 8 mar ginal ? wells and reservo irs; 9 10 (3) estimate the r emaining produ cible reserves ba sed on variable pipeline press ures; 11 12 ( 4) locate low-pressure gat herin g facilities and pip ehnes; (5) recommend incenti ves which '"rill enabl e the 13 14 continu ed produ ction of these resour ces; 15 (6) produce map s and literature to disseminat e 16 to States to promote conservatio n of natural gas re- 17 serves; and 18 (7) evaluat e the amount of natural gas that is 19 being waste d tlu ?ough th e pra ctice of vent ing or flar - 20 ing of nat ur al gas pr oduced in association with 21 crude oil well production. 22 (c) D ATA fu'-.!A IJYSIS.-Data development and anal - 23 ysis und er th is section shall be performed by an institutio n 24 of higher educat ion with GI S capabiliti es . If th e organ iza25 tion r eceiving th e gr ant und er subsectio n (a) docs not have oHR 6 EH AMERICA!\ pVERSIGHT 809 CEQ050FY18091 _000000439 CEQ-18-0173-C-000847 807 1 tion shall ,vork with th e State geologist of each State being 2 studi ed . 3 (b) CowrENTS.-T hc studi es und er th is section 4 shal l(1) determin e the status and location of mar- 5 6 giJ1a] wells and gas reser voirs; 7 8 (2) gath er the production information of these mar ginal ? wells and reservo irs; 9 10 (3) estimate the r emaining produ cible reserves ba sed on variable pipeline press ures; 11 12 ( 4) locate low-pressure gat herin g facilities and pip ehnes; (5) recommend incenti ves which '"rill enabl e the 13 14 continu ed produ ction of these resour ces; 15 (6) produce map s and literature to disseminat e 16 to States to promote conservatio n of natural gas re- 17 serves; and 18 (7) evaluat e the amount of natural gas that is 19 being waste d tlu ?ough th e pra ctice of vent ing or flar - 20 ing of nat ur al gas pr oduced in association with 21 crude oil well production. 22 (c) D ATA fu'-.!A IJYSIS.-Data development and anal - 23 ysis und er th is section shall be performed by an institutio n 24 of higher educat ion with GI S capabiliti es . If th e organ iza25 tion r eceiving th e gr ant und er subsectio n (a) docs not have oHR 6 EH AMERICA!\ pVERSIGHT 809 CEQ050FY18091 _000000439 CEQ-18-0173-C-000847 808 1 GIS capabiliti es, such organization shall contra ct with one 2 or more entiti es with3 (1) teclu10logical capabilities and reso1u-ces to 4 perform advanced ima ge processing, GIS program- s ming, and data ana lysis; and 6 (2) the abiJity to-(A) process remotely sensed imagery with 7 8 high spatial resolution ; 9 (B) deploy global positionin g systems; 10 (C) process and synth esize existing, van- 11 able-format gas well, pipeline, gat hering facility, 12 and reservoir data; (D) create and query GIS databases with 13 14 infra stru ctlu-e 1ocation and attribute 15 tion; 16 informa- (E) ,;1,rritecomput er programs to custom ize 17 relevant GIS software; 18 (F) generate maps, chart s, and graphs 19 which summari ze findings from data 1?csearch 20 for pr esentation to different aud iences; and 21 (G) deliver data in a vari ety of formats, in- 22 eludin g Int ernet 1YiapServer for query and dis- 23 play, desktop comput er display, and access 24 thr ou gh h andh elcl personal digita l assistan ts . oHR 6 EH AMERICA!\ pVERSIGHT 810 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000848 808 1 GIS capabiliti es, such organization shall contra ct with one 2 or more entiti es with3 (1) teclu10logical capabilities and reso1u-ces to 4 perform advanced ima ge processing, GIS program- s ming, and data ana lysis; and 6 (2) the abiJity to-(A) process remotely sensed imagery with 7 8 high spatial resolution ; 9 (B) deploy global positionin g systems; 10 (C) process and synth esize existing, van- 11 able-format gas well, pipeline, gat hering facility, 12 and reservoir data; (D) create and query GIS databases with 13 14 infra stru ctlu-e 1ocation and attribute 15 tion; 16 informa- (E) ,;1,rritecomput er programs to custom ize 17 relevant GIS software; 18 (F) generate maps, chart s, and graphs 19 which summari ze findings from data 1?csearch 20 for pr esentation to different aud iences; and 21 (G) deliver data in a vari ety of formats, in- 22 eludin g Int ernet 1YiapServer for query and dis- 23 play, desktop comput er display, and access 24 thr ou gh h andh elcl personal digita l assistan ts . oHR 6 EH AMERICA!\ pVERSIGHT 810 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000848 809 1 (d) AU'l'l -TOH,J.7,Nl' ION OF APPROP I::UATIONS .-T h er c 2 ar e author ized to be approprjat ed to th e Secretary of En3 ergy for car rying out thi s section4 (1) $1,500,000 for fiscal year 2006; and 5 (2) $450,000 for each of the fisca l year s 20 07 6 through 2010. 7 (e) DBFINI'l'I0NS.-For purpo ses of thi s section, the 8 term "GIS " mean s geogTaphic information systems tech- 9 nology that facilitat es th e organ ization and manag ement 10 of data wit h a geographic component . 11 SEC. 1614. CONSOLIDATION OF GASOLINE INDUSTRY. 12 (a) IN GrnNBR AL.- The ComptroJler Genera l of th e 13 United States shall conduct a study of th e consolidation 14 of th e refiner s, importers, producers, and wholesillers of 15 gasofo1e with the sellers of su ch gasoline at retail. The 16 study shall include an analysis of th e impa ct of su ch con- 17 solidation on18 (1) the retail price of gasoline, 19 (2) small business ownership, 20 (3) other corollary effect s on th e mark et econ- 21 omy of fuel distribution , 22 (4) local communiti es, and 23 (5) other market impact s of such consolidati on. oHR 6 EH AMERICA!\ pVERSIGHT 811 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000849 809 1 (d) AU'l'l -TOH,J.7,Nl' ION OF APPROP I::UATIONS .-T h er c 2 ar e author ized to be approprjat ed to th e Secretary of En3 ergy for car rying out thi s section4 (1) $1,500,000 for fiscal year 2006; and 5 (2) $450,000 for each of the fisca l year s 20 07 6 through 2010. 7 (e) DBFINI'l'I0NS.-For purpo ses of thi s section, the 8 term "GIS " mean s geogTaphic information systems tech- 9 nology that facilitat es th e organ ization and manag ement 10 of data wit h a geographic component . 11 SEC. 1614. CONSOLIDATION OF GASOLINE INDUSTRY. 12 (a) IN GrnNBR AL.- The ComptroJler Genera l of th e 13 United States shall conduct a study of th e consolidation 14 of th e refiner s, importers, producers, and wholesillers of 15 gasofo1e with the sellers of su ch gasoline at retail. The 16 study shall include an analysis of th e impa ct of su ch con- 17 solidation on18 (1) the retail price of gasoline, 19 (2) small business ownership, 20 (3) other corollary effect s on th e mark et econ- 21 omy of fuel distribution , 22 (4) local communiti es, and 23 (5) other market impact s of such consolidati on. oHR 6 EH AMERICA!\ pVERSIGHT 811 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000849 810 1 (b) SUBi\IlSSION TO CONGRJDS S.- 1"'he Comptroller 2 General sha ll submit such study to the Congress not lat er 3 than one year after the date of the enactment of this Act. 4 SEC. 1615. STUDY OF FUEL SAVINGS FROM INFORMATION 5 TECHNOLOGY FOR TRANSPORTATION. 6 Not lat er than 2 years aft er the date of ena ctm ent 7 of thi s Act, th e Secretary of Energy shall, in consultat ion 8 virith the Secretary of Tran sportation, report to CongTess 9 on th e potentia l fuel savings from information technology 10 systems that help businesses and consumers to pla n their 11 tra vel and avoid delays. These systems may include web12 ba sed real-6m e t ransjt infor mation systems, congestion in 13 formation systems, carpool information systems, park ing 14 informatio n systems, fr eight route manag ement, and traf15 fie mana gement systems. The report shall include analysis 16 of fuel savings, analysis of system costs, assessment of 17 local, State, and regional differences in applicability, and 18 evaluat ion of case st udies, best practi ces, and emerging 19 technologies from both the private and public sector. 20 SEC. 1616. FEASIBILITY STUDY OF MUSTARD SEED BIO - 21 22 DIESEL. (a) S'l'UDY.- The Secretar y of En ergy sha ll ent er 23 into an arrangement v,rith the National Academy of 24 Sciences for a study to det ermin e the feasibility of using 25 of mustard seed as a feedstock for biodicscl. oHR 6 EH AMERICA!\ pVERSIGHT 812 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000850 810 1 (b) SUBi\IlSSION TO CONGRJDS S.- 1"'he Comptroller 2 General sha ll submit such study to the Congress not lat er 3 than one year after the date of the enactment of this Act. 4 SEC. 1615. STUDY OF FUEL SAVINGS FROM INFORMATION 5 TECHNOLOGY FOR TRANSPORTATION. 6 Not lat er than 2 years aft er the date of ena ctm ent 7 of thi s Act, th e Secretary of Energy shall, in consultat ion 8 virith the Secretary of Tran sportation, report to CongTess 9 on th e potentia l fuel savings from information technology 10 systems that help businesses and consumers to pla n their 11 tra vel and avoid delays. These systems may include web12 ba sed real-6m e t ransjt infor mation systems, congestion in 13 formation systems, carpool information systems, park ing 14 informatio n systems, fr eight route manag ement, and traf15 fie mana gement systems. The report shall include analysis 16 of fuel savings, analysis of system costs, assessment of 17 local, State, and regional differences in applicability, and 18 evaluat ion of case st udies, best practi ces, and emerging 19 technologies from both the private and public sector. 20 SEC. 1616. FEASIBILITY STUDY OF MUSTARD SEED BIO - 21 22 DIESEL. (a) S'l'UDY.- The Secretar y of En ergy sha ll ent er 23 into an arrangement v,rith the National Academy of 24 Sciences for a study to det ermin e the feasibility of using 25 of mustard seed as a feedstock for biodicscl. oHR 6 EH AMERICA!\ pVERSIGHT 812 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000850 811 1 (b) C0 NTJ1; NTS.-1 1 he stud y shaJI in clude comparisons 2 to other biodiesel feedstocks u sing the fol10vvin g crit eria: 3 4 (1) E conomics fr om crop produ ction to biodiesel in th e typi cal p ercentag e blend s. (2) Adaptabilit y to variou s geographi c and agri- 5 6 cultural r egions in th e Unit ed Stat es. 7 (3) Percent age and qualit y of oil content. 8 (4) Cetenc ratin gs, viscosity ratin gs, em1ss10ns 9 for the typical percentag e blend s. 10 11 (5) P otent ial to enhan ce oil, pesticide and herbicide qualiti es. 12 13 (6) Pro cess t echnol ogies to convert int o biodiesel. 14 15 (7) Usefuln ess of byprodu ct s from th e converswn pro cess. 16 (8) Oth er crit eria th e National Academy of 17 Sciences considers pertin ent. 18 (c) REP0R'l' 'l'0 C0 NGRESS.-No t lat er than 1 year 19 aft er th e date of ena ctm ent of thi s Act , the N ati onal Acad20 emy of Sciences shaJI transmit results of th e stud y to Con21 gress, the Secretary of En ergy, and the Secret ary of Agri22 cultur e, includin g any findin gs and recommendation s. oHR 6 EH AMERICA!\ pVERSIGHT 813 CEQ050FY18091 _000000439 CEQ-18-0173-C-000851 811 1 (b) C0 NTJ1; NTS.-1 1 he stud y shaJI in clude comparisons 2 to other biodiesel feedstocks u sing the fol10vvin g crit eria: 3 4 (1) E conomics fr om crop produ ction to biodiesel in th e typi cal p ercentag e blend s. 5 6 (2) Adaptabilit y to variou s geographi c and agricultural r egions in th e Unit ed Stat es. 7 (3) Percent age and qualit y of oil content. 8 (4) Cetenc ratin gs, viscosity ratin gs, em1ss10ns 9 for the typical percentag e blend s. 10 11 (5) P otent ial to enhan ce oil, pesticide and herbicide qualiti es. 12 13 (6) Pro cess t echnol ogies to convert int o biodiesel. 14 15 (7) Usefuln ess of byprodu ct s from th e converswn pro cess. 16 (8) Oth er crit eria th e National Academy of 17 Sciences considers pertin ent. 18 (c) REP0R'l' 'l'0 C0 NGRESS.-No t lat er than 1 year 19 aft er th e date of ena ctm ent of thi s Act , the N ati onal Acad20 emy of Sciences shaJI transmit results of th e stud y to Con21 gress, the Secretary of En ergy, and the Secret ary of Agri22 cultur e, includin g any findin gs and recommendation s. oHR 6 EH AMERICA!\ pVERSIGHT 813 CEQ050FY18091 _000000439 CEQ-18-0173-C-000851 812 1 2 TITLE XVII-RENEWABLE ENERGY -RESOURCES 3 SEC. 1701. GRANTS TO IMPROVE THE COMMERCIAL VALUE 4 OF FOREST BIOMASS FOR ELECTRIC ENERGY, 5 USEFUL HEAT, TRANSPORTATION FUELS, PE- 6 TROLEUM-BASED 7 AND OTHER COMMERCIAL PURPOSES. 8 (a) FI NDINGS.-C ongress finds the following: PRODUCT SUBSTITUTES , 9 (1) Thousands of communities in t he Unit ed 10 States, many located near F ederal land s, ar e at risk 11 to wildfir e. Approx:iniately 190,000 ,000 acres of land 12 managed by th e Secreta ry of Agricu ltur e and the 13 Secretar y of the Int e1?ior arc at risk of catas trophi c 14 fire in the near futur e. 'l1he accumulati on of heavy 15 forest fuel loads continu es to increase as a result of 16 disease, in sect infestat ions, and drought, furth er 17 raising the risk of fire each year . 18 (2) In addition, more than 70,000 ,000 acres 19 across all land ownerships are at risk to high er than 20 norma l mortality over the ne2'.'t15 years from insect 21 infestation and disease . High levels of tr ee mortalit y 22 from insects and disease result in increased fire risk, 23 loss of old growth, degrad ed watershed condition s, 24 and changes in species diversity and produ ctivity, as oHR 6 EH AMERICA!\ pVERSIGHT 814 CEQ050 FY18091_000000439 CEQ-18-0173-C-000852 812 1 2 TITLE XVII-RENEWABLE ENERGY -RESOURCES 3 SEC. 1701. GRANTS TO IMPROVE THE COMMERCIAL VALUE 4 OF FOREST BIOMASS FOR ELECTRIC ENERGY, 5 USEFUL HEAT, TRANSPORTATION FUELS, PE- 6 TROLEUM-BASED 7 AND OTHER COMMERCIAL PURPOSES. 8 (a) FI NDINGS.-C ongress finds the following: PRODUCT SUBSTITUTES , 9 (1) Thousands of communities in t he Unit ed 10 States, many located near F ederal land s, ar e at risk 11 to wildfir e. Approx:iniately 190,000 ,000 acres of land 12 managed by th e Secreta ry of Agricu ltur e and the 13 Secretar y of the Int e1?ior arc at risk of catas trophi c 14 fire in the near futur e. 'l1he accumulati on of heavy 15 forest fuel loads continu es to increase as a result of 16 disease, in sect infestat ions, and drought, furth er 17 raising the risk of fire each year . 18 (2) In addition, more than 70,000 ,000 acres 19 across all land ownerships are at risk to high er than 20 norma l mortality over the ne2'.'t15 years from insect 21 infestation and disease . High levels of tr ee mortalit y 22 from insects and disease result in increased fire risk, 23 loss of old growth, degrad ed watershed condition s, 24 and changes in species diversity and produ ctivity, as oHR 6 EH AMERICA!\ pVERSIGHT 814 CEQ050 FY18091_000000439 CEQ-18-0173-C-000852 813 1 well as diminished fish and vvildlife habitat and de- 2 crea sed timber valu es. 3 (3) Pr eventive treatments such as removing fuel 4 loading, ladd er fuels, and hazard t rees, planting 5 proper species mi,"- and restoring and protect ing 6 early successional habitat , and other specific restora- 7 tion treatments designed to reduce th e su sceptibility 8 of forest land, wooclland, and rang eland to insect 9 outbreaks, disease, and cat ast rophic fire present th e 10 greatest opportun ity for long-term forest health by 11 creating a mosaic of' species-mix and age clistribu- 12 tion. Such pr evention tr eatm ents are widely acknowl- 13 edged to be more successful and cost effective than 14 suppr essjon tr eatm ents in t he case of insects, dis- 15 ease, and fire. 16 (4) 'rhe byproducts of preventive treatment 17 (,,vood, bru sh, thinnings, chips, slash, and other haz- 18 ardous fuels) removed from forest land s, woodlands 19 and ran geland s represent an abundant supply of bio- 20 mass for biomass-to-energy facilities and raw mat e- 21 rial for business. 'rl1ere are curr ently few markets 22 for the extraordinary volumes of bypro ducts being 23 generate d as a result of the necessary large-scale 24 preventive treatme nt activities . 25 (5) The United St ates should- oHR 6 EH AMERICA!\ pVERSIGHT 815 CEQ050FY18091 _000000439 CEQ-18-0173-C-000853 813 1 well as diminished fish and vvildlife habitat and de- 2 crea sed timber valu es. 3 (3) Pr eventive treatments such as removing fuel 4 loading, ladd er fuels, and hazard t rees, planting 5 proper species mi,"- and restoring and protect ing 6 early successional habitat , and other specific restora- 7 tion treatments designed to reduce th e su sceptibility 8 of forest land, wooclland, and rang eland to insect 9 outbreaks, disease, and cat ast rophic fire present th e 10 greatest opportun ity for long-term forest health by 11 creating a mosaic of' species-mix and age clistribu- 12 tion. Such pr evention tr eatm ents are widely acknowl- 13 edged to be more successful and cost effective than 14 suppr essjon tr eatm ents in t he case of insects, dis- 15 ease, and fire. 16 (4) 'rhe byproducts of preventive treatment 17 (,,vood, bru sh, thinnings, chips, slash, and other haz- 18 ardous fuels) removed from forest land s, woodlands 19 and ran geland s represent an abundant supply of bio- 20 mass for biomass-to-energy facilities and raw mat e- 21 rial for business. 'rl1ere are curr ently few markets 22 for the extraordinary volumes of bypro ducts being 23 generate d as a result of the necessary large-scale 24 preventive treatme nt activities . 25 (5) The United St ates should- oHR 6 EH AMERICA!\ pVERSIGHT 815 CEQ050FY18091 _000000439 CEQ-18-0173-C-000853 814 1 (A) promote economic and entr eprenmu-ia] removed 2 opportunities in using byproducts 3 through preventive treatment activities related 4 to hazardous fuels reduction, disease, and insect 5 infestat ion; and 6 (B) develop and e}q)and markets for tradi- 7 tiona lly underused wood and biomass as an out- 8 let for byproducts of pr eventive t reatment ac- 9 tivities. 10 (b) DEFINITIONS.-I n this section : (1) B101vrASS .- ~rh e term 11 "biomass" means 12 trees and woody plant s, including limbs, tops, nee- 13 dles, and other woody part s, and byproducts of pre- 14 ventive treat ment, such as wood, bn1sh, thinnin gs, 15 chips, and slash, that are rernoved- 16 (..A)to reduce hazardous fuels; or 17 (B) to r educe the risk of or to conta in dis- 18 case or insect infesfat ion. 19 (2) INDIAL~ TRIBE.- The term "Indian tr ibe" 20 has the meaning given the term in section 4(e) of 21 the Indi an Self-Determination and Educat ion Assist - 22 ance Act (25 U .S.C. 450b(e)). 23 (3) P t~RS0N.-Th e term "perso n" includes- 24 (A_)an individual; oHR 6 EH AMERICA!\ pVERSIGHT 816 CEQ050FY18 091_000000439 CEQ-18-0173-C-000854 814 1 (A) promote economic and entr eprenmu-ia] 2 opportunities in u sing byproducts removed 3 through preventive treatment activities related 4 to hazardous fuels reduction, disease, and insect 5 infestat ion; and 6 (B) develop and e}q)and markets for tradi- 7 tiona lly underused wood and biomass as an out- 8 let for byproducts of pr eventive t reatment ac- 9 tivities. 10 (b) DEFINITIONS.-I n this section : (1) B101vrASS .- ~rh e term 11 "biomass" means 12 trees and woody plant s, including limbs, tops, nee- 13 dles, and other woody part s, and byproducts of pre- 14 ventive treat ment, such as wood, bn1sh, thinnin gs, 15 chips, and slash, that are rernoved- 16 (..A)to reduce hazardous fuels; or 17 (B) to r educe the risk of or to conta in dis- 18 case or insect infesfat ion. 19 (2) INDIAL~ TRIBE.- The term "Indian tr ibe" 20 has the meaning given the term in section 4(e) of 21 the Indi an Self-Determination and Educat ion Assist - 22 ance Act (25 U .S.C. 450b(e)). 23 (3) P t~RS0N.-Th e term "perso n " includes- 24 (A_)an individual; oHR 6 EH AMERICA!\ pVERSIGHT 816 CEQ050FY18 091_000000439 CEQ-18-0173-C-000854 815 1 (B) a communjt y (as determin ed by the 2 Secretary concerned); 3 (C) an Indian tribe; 4 (D) a small business, micro-business, or a 5 corporation that is incorporat ed in the United 6 States; and 7 (E) a nonprofit organ ization. 8 9 (4) PHEPEHltED UOMMUNT'J'Y.-'rheterm ''p re- ?'erred commtm.ity" means- 10 (A) any town, township, municipalit y, or 11 other similar unit of local govermncnt (as deter- 12 mined by the Secretary concerned) that- 13 (i) has a population of not more than 14 50,000 individuals; and 15 (ii) th e Secretary concerned, in the 16 sole discretion of the Secretary concerned , 17 determines 18 land, the condition of which is at signifi- 19 cant risk of catas trophic ?wildfire , disease, 20 or insect infestation or which suffers from 21 disease or insect infestation; or 22 (B) any county that- 23 contains or is located near (i) is not contain ed within a metro - 24 politan stati stical area; and oHR 6 EH AMERICA!\ pVERSIGHT 817 CEQ050FY18091 _000000439 CEQ-18-0173-C-000855 815 1 (B) a communjt y (as determin ed by the 2 Secretary concerned); 3 (C) an Indian tribe; 4 (D) a small business, micro-business, or a 5 corporation that is incorporat ed in the United 6 States; and 7 (E) a nonprofit organ ization. 8 9 (4) PHEPEHltED UOMMUNT'J'Y.-'rheterm ''p re- ?'erred commtm.ity" means- 10 (A) any town, township, municipalit y, or 11 other similar unit of local govermncnt (as deter- 12 mined by the Secretary concerned) that- 13 (i) has a population of not more than 14 50,000 individuals; and 15 (ii) th e Secretary concerned, in the 16 sole discretion of the Secretary concerned , 17 determines 18 land, the condition of which is at signifi- 19 cant risk of catas trophic ?wildfire , disease, 20 or insect infestation or which suffers from 21 disease or insect infestation; or 22 (B) any county that- 23 contains or is located near (i) is not contain ed within a metro - 24 politan stati stical area; and oHR 6 EH AMERICA!\ pVERSIGHT 817 CEQ050FY18091 _000000439 CEQ-18-0173-C-000855 816 1 (ii) th e Secretary concern ed, in th e 2 sole discr etion of the Secr etar y concern ed, 3 dete rmin es contain s or is located 4 land , th e condition of which is at signifi- 5 cru1t risk of cat ast r ophi c vvildfir e, disease, 6 or in sect infes tation or which suffer s from 7 disease or in sect infe station. near 8 (5) SECHETAl{Y CONCERNED.- Th e t erm " Sec- 9 r et ar y concern ed" mean s th e Secretar y of Agri - 10 cultur e or th e Secr etar y of th e Int erior . 11 (c) BIOM ASS C OMMER CIAL U SE GRANT PROGR AJ\L (1) IN CENBRAh-,-fh 12 e Secr etar y concern ed 13 may mak e gTant s to any per son that owns or oper- 14 at es a fac ilitv., that u ses bioma ss as a ravir mat eri al 15 to produ ce elect ric energy , sensible hea t, tran spor - 16 tation fuels, or sub stitut es for petr oleum -ba sed prod- 17 ucts to offset th e costs incurr ed to pur cha se bioma ss 18 for u se by su ch fa cility . 19 (2) GRANT AlVIO UNTS.- A grant und er t bis sub- 20 secti on may not exceed $20 per gTeen ton of bioma ss 21 delivered. 22 (3) MO N ITOR.ING OF GR.AN'I' R li:UP I E NT J\C'l'TVT- 23 TIES.- As a condition of a. gran t und er this sub- 24 section , th e gr ant r ecipient shall keep such r ecord s 25 as th e Secr etar y concern ed may r equir e to fully and oHR 6 EH AMERICA!\ pVERSIGHT 818 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000856 816 1 (ii) th e Secretary concern ed, in th e 2 sole discr etion of the Secr etar y concern ed, 3 dete rmin es contain s or is located 4 land , th e condition of which is at signifi- 5 cru1t risk of cat ast r ophi c vvildfir e, disease, 6 or in sect infes tation or which suffer s from 7 disease or in sect infe station. near 8 (5) SECHETAl{Y CONCERNED.- Th e t erm " Sec- 9 r et ar y concern ed" mean s th e Secretar y of Agri - 10 cultur e or th e Secr etar y of th e Int erior . 11 (c) BIOM ASS C OMMER CIAL U SE GRANT PROGR AJ\L (1) IN CENBRAh-,-fh 12 e Secr etar y concern ed 13 may mak e gTant s to any per son that owns or oper- 14 at es a fac ilitv., that u ses bioma ss as a ravir mat eri al 15 to produ ce elect ric energy , sensible hea t, tran spor - 16 tation fuels, or sub stitut es for petr oleum -ba sed prod- 17 ucts to offset th e costs incurr ed to pur cha se bioma ss 18 for u se by su ch fa cility . 19 (2) GRANT AlVIO UNTS.- A grant und er t bis sub- 20 secti on may not exceed $20 per gTeen ton of bioma ss 21 delivered. 22 (3) MO N ITOR.ING OF GR.AN'I' R li:UP I E NT J\C'l'TVT- 23 TIES.- As a condition of a. gran t und er this sub- 24 section , th e gr ant r ecipient shall keep such r ecord s 25 as th e Secr etar y concern ed may r equir e to fully and oHR 6 EH AMERICA!\ pVERSIGHT 818 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000856 817 1 corr ectly disclose the use of the gTant fund s and all 2 tran saction s involved in th e pur cha se of biomass. 3 Upon notice by a representative of the Secretary 4 concerned , th e grant recipient shall afford the rep- 5 resentative reasonable access to th e facility that pur- 6 chases or uses biomass and an opportun ity to exam- 7 ine th e invent ory and record s of th e facility. 8 (d ) li\JP ROVED B IOMASS USE GR A1'\TT PR OGRAM.- 9 ( 1) IN GENERAL .-Th e Secretary concerned 10 may make grants to persons to offset the cost of 11 pr ojects to develop or research opportm1ities to irn- 12 pr ove th e use of, or add value to, bioma ss . In mak- 13 ing such grants, the Secretary concern ed shall gwe 14 preference to persons in pr eferr ed communiti es. 15 (2) SELEC'l'I0N.- rrh e Secreta ry concerned shall 16 select a gTant recipient und er para graph (1) aft er 17 giving consideration to the anti cipated public bcne- 18 fits of the proj ect, including the potential to develop 19 th ermal or electric energy resour ces or affordable en- 20 ergy, opportuniti es for the creation or expan sion of 21 small businesses and micro-businesses, and the po- 22 tentia ] for nevi' j ob creation . 23 24 (3) GR AN T AMOUN 'l'.- A grant unde r this sub- section may not exceed $500,000. oHR 6 EH AMERICA!\ pVERSIGHT 819 CEQ050FY18091 _000000439 CEQ-18-0173-C-000857 817 1 corr ectly disclose the use of the gTant fund s and all 2 tran saction s involved in th e pur cha se of biomass. 3 Upon notice by a representative of the Secretary 4 concerned , th e grant recipient shall afford the rep- 5 resentative reasonable access to th e facility that pur- 6 chases or uses biomass and an opportun ity to exam- 7 ine th e invent ory and record s of th e facility. 8 (d ) li\JP ROVED B IOMASS USE GR A1'\TT PR OGRAM.- 9 ( 1) IN GENERAL .-Th e Secretary concerned 10 may make grants to persons to offset the cost of 11 pr ojects to develop or research opportm1ities to irn- 12 pr ove th e use of, or add value to, bioma ss . In mak- 13 ing such grants, the Secretary concern ed shall gwe 14 preference to persons in pr eferr ed communiti es. 15 (2) SELEC'l'I0N.- rrh e Secreta ry concerned shall 16 select a gTant recipient und er para graph (1) aft er 17 giving consideration to the anti cipated public bcne- 18 fits of the proj ect, including the potential to develop 19 th ermal or electric energy resour ces or affordable en- 20 ergy, opportuniti es for the creation or expan sion of 21 small businesses and micro-businesses, and the po- 22 tentia ] for nevi' j ob creation . 23 24 (3) GR AN T AMOUN 'l'.- A grant unde r this sub- section may not exceed $500,000. oHR 6 EH AMERICA!\ pVERSIGHT 819 CEQ050FY18091 _000000439 CEQ-18-0173-C-000857 818 1 (e) AUTHORI 1/2 AT ION OF' APPROPI::U ATIONS.-T here 2 ar e authorized to be appropriated $50,000,000 for each 3 of th e fiscal years 2006 through 20 16 to carry out this 4 section. 5 (f) REPORT.- Not late r than October 1, 2010 , the 6 Secretary of AgTiculture, in consult ation virith the Sec7 retar y of the Int erior , shall submit to the Committee on 8 En ergy and Natural Resources and th e Committee on Ag- 9 ricultur e, Nutrit ion, and Fore stry of th e Senate and the 10 Committee on Resourc es, the Committee on Energ y and 11 Commerce, and the Committee on Agriculture of the 12 Hou se of Repr esentative s a report describing th e result s 13 of th e grant program s authorized by this section. 11hc re14 port shall include th e following: 15 (1) An identification of th e size, type, and the 16 use of biomass by person s that receive grants und er 17 this section. 18 (2) The distan ce between the land from vi1lrich 19 th e bioma ss was removed and th e facility that us ed 20 the bioma ss . 21 (3) Th e economic impact s, parti cularly new job 22 creation, resulting from the gTants to and operat ion 23 of th e eligible operations. oHR 6 EH AMERICA!\ pVERSIGHT 820 CEQ050FY18091 _000000439 CEQ-18-0173-C-000858 818 1 (e) AUTHORI 1/2 AT ION OF' APPROPI::U ATIONS.-T here 2 ar e authorized to be appropriated $50,000,000 for each 3 of th e fiscal years 2006 through 20 16 to carry out this 4 section. 5 (f) REPORT.- Not late r than October 1, 2010 , the 6 Secretary of AgTiculture, in consult ation virith the Sec7 retar y of the Int erior , shall submit to the Committee on 8 En ergy and Natural Resources and th e Committee on Ag- 9 ricultur e, Nutrit ion, and Fore stry of th e Senate and the 10 Committee on Resourc es, the Committee on Energ y and 11 Commerce, and the Committee on Agriculture of the 12 Hou se of Repr esentative s a report describing th e result s 13 of th e grant program s authorized by this section. 11hc re14 port shall include th e following: 15 (1) An identification of th e size, type, and the 16 use of biomass by person s that receive grants und er 17 this section. 18 (2) The distan ce between the land from vi1lrich 19 th e bioma ss was removed and th e facility that us ed 20 the bioma ss . 21 (3) Th e economic impact s, parti cularly new job 22 creation, resulting from the gTants to and operat ion 23 of th e eligible operations. oHR 6 EH AMERICA!\ pVERSIGHT 820 CEQ050FY18091 _000000439 CEQ-18-0173-C-000858 819 1 SEC. 1702. ENVIRONMENTAL REVIEW FOR RENEWABLE EN- 2 3 4 ERGY PROJECTS. (a ) COl\IPJ;lJ\NCE WITH NEP A EH.GY PROJJ~C'r s .-Notwith l o,OH, RE NEvVABJjE E N- standin g any oth er lav.r,in pr e- 5 parin g an environm ental assessment or environmen tal im6 pa ct sta tement requir ed und er section 102 of th e N ationa l 7 En vironm enta l Policy Act of 1969 (42 U .S.C. 4332) with 8 respect to any action authori zing a renewable energy 9 proj ect und er th e juri sdiction of a F ederal agency10 (1) no F ederaJ agency is requir ed to identify al- lI ternati ve proj ect location s or action s oth er than the 12 propo sed action and th e no action altern at ive; and 13 (2) no F ederal agency is requir ed to ana lyze th e 14 environm ental effect s of alt ernati ve location s or ac- 15 tions other than tho se submi t ted by th e proj ect pr o- 16 ponent. 17 (b) CONSIDERA'l'ION OF' Al Jl'E Rl'\TA'l'IVE S .-ln any en- 18 vironm enta l assess ment or environm ental impact stat e19 ment r eferr ed to in sub section (a), the F eder al agency 20 shall only identify and ana lyze th e enviromn ental effects 21 and potential mitigati on measur es of22 (1) th e propo sed acti on ; and 23 (2) th e no action alt er nat ive. 24 (c) P UBL,IC COMMENT.-In pr eparin g an environ- 25 mental assess ment or environm ental impa ct stat ement r e26 fcr red t o in sub section (a), the F ederal agency shall only oHR 6 EH AMERICA!\ pVERSIGHT 821 CEQ050FY18091_000000439 CEQ-18-0173-C-000859 819 1 SEC. 1702. ENVIRONMENTAL REVIEW FOR RENEWABLE EN- 2 3 4 ERGY PROJECTS. (a ) COl\IPJ;lJ\NCE WITH NEP A EH.GY PROJJ~C'r s .-Notwith l o,OH, RE NEvVABJjE E N- standin g any oth er lav.r,in pr e- 5 parin g an environm ental assessment or environmen tal im6 pa ct sta tement requir ed und er section 102 of th e N ationa l 7 En vironm enta l Policy Act of 1969 (42 U .S.C. 4332) with 8 respect to any action authori zing a renewable energy 9 proj ect und er th e juri sdiction of a F ederal agency10 (1) no F ederaJ agency is requir ed to identify al- lI ternati ve proj ect location s or action s oth er than the 12 propo sed action and th e no action altern at ive; and 13 (2) no F ederal agency is requir ed to ana lyze th e 14 environm ental effect s of alt ernati ve location s or ac- 15 tions other than tho se submi t ted by th e proj ect pr o- 16 ponent. 17 (b) CONSIDERA'l'ION OF' Al Jl'E Rl'\TA'l'IVE S .-ln any en- 18 vironm enta l assess ment or environm ental impact stat e19 ment r eferr ed to in sub section (a), the F eder al agency 20 shall only identify and ana lyze th e enviromn ental effects 21 and potential mitigati on measur es of22 (1) th e propo sed acti on ; and 23 (2) th e no action alt er nat ive. 24 (c) P UBL,IC COMMENT.-In pr eparin g an environ- 25 mental assess ment or environm ental impa ct stat ement r e26 fcr red t o in sub section (a), the F ederal agency shall only oHR 6 EH AMERICA!\ pVERSIGHT 821 CEQ050FY18091_000000439 CEQ-18-0173-C-000859 820 1 consider pubh c comment s th at specjfically address th e pre2 ferr ed action and that ar e filed within 20 days after publi3 cation of a draft cnvironn1cntal assessment or dra ft envi4 ronment al impact st at ement . Notwit hst anding any other 5 law, compliance with t his subsection is deemed to satisfy 6 secfaon 102(2) of th e Na tional Environmental Policy Act 7 of 1969 (42 U .S.C. 433 2(2)) and th e applicable regula 8 tion s and admini str ative guidelines v1rithrespect to pro- 9 posed renewable energy prQjects . 10 (cl) RE NE WAB LE E NERGY PRO.JE CT DEFI NED. - F or 11 purp oses of thi s section, th e term "renewable encrg:y 12 proj ect "13 ( 1) means any prop osal to ut ifo:e an energy 14 source oth er than nuclear power , coal, oil, or natur al 15 gas ; and 16 17 (2) includes th e use of wind, solar, geoth erma l, biomass, or tidal forces to generate energy. 18 SEC . 1703. SENSE OF CONGRESS REGARDING GENERATION 19 CAPACITY OF ELECTRICITY FROM RENEW - 20 ABLE 21 LANDS . 22 ENERGY RESOURCES ON PUBLIC It is th e sense of th e Congr ess that the Secretary of 23 th e Int erior should , before the end of t11e 10-year period 24 beginning on the dat e of enactm ent of thi s Act , seek to 25 have appr oved 11011-hydropower renewable energy prqj ccts oHR 6 EH AMERICA!\ pVERSIGHT 822 CEQ050FY18091_000000439 CEQ-18-0173-C-000860 820 1 consider pubh c comment s th at specjfically address th e pre2 ferr ed action and that ar e filed within 20 days after publi3 cation of a draft cnvironn1cntal assessment or dra ft envi4 ronment al impact st at ement . Notwit hst anding any other 5 law, compliance with t his subsection is deemed to satisfy 6 secfaon 102(2) of th e Na tional Environmental Policy Act 7 of 1969 (42 U .S.C. 433 2(2)) and th e applicable regula 8 tion s and admini str ative guidelines v1rithrespect to pro- 9 posed renewable energy prQjects . 10 (cl) RE NE WAB LE E NERGY PRO.JE CT DEFI NED. - F or 11 purp oses of thi s section, th e term "renewable encrg:y 12 proj ect "13 ( 1) means any prop osal to ut ifo:e an energy 14 source oth er than nuclear power , coal, oil, or natur al 15 gas ; and 16 17 (2) includes th e use of wind, solar, geoth erma l, biomass, or tidal forces to generate energy. 18 SEC . 1703. SENSE OF CONGRESS REGARDING GENERATION 19 CAPACITY OF ELECTRICITY FROM RENEW - 20 ABLE 21 LANDS . 22 ENERGY RESOURCES ON PUBLIC It is th e sense of th e Congr ess that the Secretary of 23 th e Int erior should , before the end of t11e 10-year period 24 beginning on the dat e of enactm ent of thi s Act , seek to 25 have appr oved 11011-hydropower renewable energy prqj ccts oHR 6 EH AMERICA!\ pVERSIGHT 822 CEQ050FY18091_000000439 CEQ-18-0173-C-000860 821 1 located on th e public lands '"rith a generatio n capacity of 2 at least 10,000 megawatt s of electricit y. 3 4 5 6 TITLE XVIII-GEOTHERMAL ENERGY SEC. 1801. SHORT TITLE. rrhis tit le mav., be cited as th e "Jolm Rishel Geo- 7 th ermal Steam Act Amendments of 2005 " . 8 9 SEC. 1802. COMPETITIVE LEASE SALE REQUIREMENTS. Section 4 of t he Geothermal Steam Act of 1970 (30 10 U .S.C. 1003) is amended to read as follows: 11 "SEC. 4. LEASING PROCEDUR ES. 12 "(a) N0 iWINNl'l0NS.-Th e Secretmy sha ll accept 13 nomination s of lands available for leasing at any tim e from 14 qua lified companies and indi,ricluals under th is Act. 15 "(b) COi\{PE'rT'l'lVE LE ASE SALE REQ UIRED.- T h e 16 Secretary shall hold a competitive lease sale at least once 17 every 2 years for lands in a State which has nomination s 18 pendjng und er subsection (a) if such lands arc otherwise 19 available for leasing. Lands that ar c subje ct to a mining 20 claim for wl1ich a plan of operation s ha s been approved 21 by th e relevant F ederal land mana gement agency are not 22 available for competitive leasing. 23 "(c) NONCOMPET ITIVE LEA SING .- 24 25 "( 1) REQUIREl\IENT.- Th e Secretary shall make available for a period of 2 year s for non- oHR 6 EH AMERICA!\ pVERSIGHT 823 CEQ050 FY18091_000000439 CEQ-18-0173-C-000861 821 1 located on th e public lands '"rith a generatio n capacity of 2 at least 10,000 megawatt s of electricit y. 3 4 5 6 TITLE XVIII-GEOTHERMAL ENERGY SEC. 1801. SHORT TITLE. rrhis tit le mav., be cited as th e "Jolm Rishel Geo- 7 th ermal Steam Act Amendments of 2005 " . 8 9 SEC. 1802. COMPETITIVE LEASE SALE REQUIREMENTS. Section 4 of t he Geothermal Steam Act of 1970 (30 10 U .S.C. 1003) is amended to read as follows: 11 "SEC. 4. LEASING PROCEDUR ES. 12 "(a) N0 iWINNl'l0NS.-Th e Secretmy sha ll accept 13 nomination s of lands available for leasing at any tim e from 14 qua lified companies and indi,ricluals under th is Act. 15 "(b) COi\{PE'rT'l'lVE LE ASE SALE REQ UIRED.- T h e 16 Secretary shall hold a competitive lease sale at least once 17 every 2 years for lands in a State which has nomination s 18 pendjng und er subsection (a) if such lands arc otherwise 19 available for leasing. Lands that ar c subje ct to a mining 20 claim for wl1ich a plan of operation s ha s been approved 21 by th e relevant F ederal land mana gement agency are not 22 available for competitive leasing. 23 "(c) NONCOMPET ITIVE LEA SING .- 24 25 "( 1) REQUIREl\IENT.- Th e Secretary shall make available for a period of 2 year s for non- oHR 6 EH AMERICA!\ pVERSIGHT 823 CEQ050 FY18091_000000439 CEQ-18-0173-C-000861 822 1 competi tive leas ing any tra ct for which a competitive 2 lease sale is held, but for which th e Secretary does 3 not receive any bids in a competitive lease sale. 4 " (2) ST.ATES\VITIIOl' r NO.MINATIONS.- In any 5 State for which there ar e no nomination s received 6 und er subsection (a) an d having a tota l acr eage 7 und er lease or th e subj ect of an app lication for lease 8 of less than 10,00 0 acres, the Secretary may dcs- 9 ignat c land s available for 2 years for non compet itive 1 10 leasing . 11 " (d) LEASES SOLD AS A BLOCK.- If information is 12 available to th e Secr etary indi cati ng a geother mal resour ce 13 that could be produced as 1 unit can r easonab ly be ex14 pecte d to under lie more tha n 1 par cel to be offer ed in a 15 competihve lease sale, th e par cels for such a r esour ce may 16 be offered for bidding as a block in th e competit ive lease 17 sale. 18 "(c) AB,E.A SUBJECT TO LEASE FOR GEOTHERMAL 19 RESOURCES.- A geotherma l lease for th e use of gco- 20 th er mal r esour ces sha ll embra ce not mor e than th e 21 amount of acreage det ermin ed by th e Secretary to be ap22 pr opriate." . oHR 6 EH AMERICA!\ pVERSIGHT 824 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000862 822 1 competi tive leas ing any tra ct for which a competitive 2 lease sale is held, but for which th e Secretary does 3 not receive any bids in a competitive lease sale. 4 " (2) ST.ATES\VITIIOl' r NO.MINATIONS.- In any 5 State for which there ar e no nomination s received 6 und er subsection (a) an d having a tota l acr eage 7 und er lease or th e subj ect of an app lication for lease 8 of less than 10,00 0 acres, the Secretary may dcs- 9 ignat c land s available for 2 years for non compet itive 1 10 leasing . 11 " (d) LEASES SOLD AS A BLOCK.- If information is 12 available to th e Secr etary indi cati ng a geother mal resour ce 13 that could be produced as 1 unit can r easonab ly be ex14 pecte d to under lie more tha n 1 par cel to be offer ed in a 15 competihve lease sale, th e par cels for such a r esour ce may 16 be offered for bidding as a block in th e competit ive lease 17 sale. 18 "(c) AB,E.A SUBJECT TO LEASE FOR GEOTHERMAL 19 RESOURCES.- A geotherma l lease for th e use of gco- 20 th er mal r esour ces sha ll embra ce not mor e than th e 21 amount of acreage det ermin ed by th e Secretary to be ap22 pr opriate." . oHR 6 EH AMERICA!\ pVERSIGHT 824 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000862 823 1 2 SEC . 1803. D IRECT USE. (a) FEE S FOR DIRE CT USl~.-S ection 5 of the Geo- 3 th ermal Stearn Act of 1970 (30 U.S.C. 1004) is 4 amend ed- 5 (1) in paragraph (c) by redesignat ing subpara - 6 graphs (1) and (2) as Rubp aragrap hs (A) and (B ); 7 (2) by reclesignating paragraph s (a) thro ugh (cl) 8 in ord er as parag raph s ( 1) throu gh ( 4); (3) by insertin g "(a) IN GENEHJ\fJ.- " aft er 9 10 ''S EC. 5."; and 11 12 (4) by adding at the end the following: "(b) FEE S FOR DI RECT USE .- 13 "( 1) I N GE:NERA L.-Notwith st andin g sub section 14 (a)( l ), ?with respect to the direct u se of geothermal 15 resour ces for purp oses othe r than th e commercial 16 generation of electri city, th e Secreta ry of th e In te- 17 rior sha11est ablish a schedule of fees and collect fees 18 pur suant to such a schedule in lieu of royaltie s . Not - 19 withstand ing section 102 (a)(9) of th e Federal L and 20 P olicy an d Manage ment Act of 1976 (43 U .S.C. 21 1701 (a)(9)), th e schedule of fees shall be based upon 22 comparabl e 11011-F ederal fees char ged for dir ect u se 23 of geoth erm al resotu?ces v,rithin th e Stat e concern ed. 24 For dir ect use by a State or local governm.ent for 25 publi c purpo ses, the fee charged shall be nominal. 26 Leases in existe nce on the date of enact ment of thi s oHR 6 EH AMERICA!\ pVERSIGHT 825 CEQ050FY18091 _000000439 CEQ-18-0173-C-000863 823 1 2 SEC . 1803. D IRECT USE. (a) FEE S FOR DIRE CT USl~.-S ection 5 of the Geo- 3 th ermal Stearn Act of 1970 (30 U.S.C. 1004) is 4 amend ed- 5 (1) in paragraph (c) by redesignat ing subpara - 6 graphs (1) and (2) as Rubp aragrap hs (A) and (B ); 7 (2) by reclesignating paragraph s (a) thro ugh (cl) 8 in ord er as parag raph s ( 1) throu gh ( 4); (3) by insertin g "(a) IN GENEHJ\fJ.- " aft er 9 10 ''S EC. 5."; and 11 12 (4) by adding at the end the following: "(b) FEE S FOR DI RECT USE .- 13 "( 1) I N GE:NERA L.-Notwith st andin g sub section 14 (a)( l ), ?with respect to the direct u se of geothermal 15 resour ces for purp oses othe r than th e commercial 16 generation of electri city, th e Secreta ry of th e In te- 17 rior sha11est ablish a schedule of fees and collect fees 18 pur suant to such a schedule in lieu of royaltie s . Not - 19 withstand ing section 102 (a)(9) of th e Federal L and 20 P olicy an d Manage ment Act of 1976 (43 U .S.C. 21 1701 (a)(9)), th e schedule of fees shall be based upon 22 comparabl e 11011-F ederal fees char ged for dir ect u se 23 of geoth erm al resotu?ces v,rithin th e Stat e concern ed. 24 For dir ect use by a State or local governm.ent for 25 publi c purpo ses, the fee charged shall be nominal. 26 Leases in existe nce on the date of enact ment of thi s oHR 6 EH AMERICA!\ pVERSIGHT 825 CEQ050FY18091 _000000439 CEQ-18-0173-C-000863 824 1 subsection shaJl be modified in ord er to r eflect the 2 provision s of this sub section. 3 "(2) FI NAL R.EGULATION .-I n issuing any final 4 regulation establishing a schedule of fees 1rnder this 5 subsection, th e Secreta ry sha ll seek"(A) to provide lessees with a simplified 6 7 administrativ e system; 8 "( B) to encourag e development of this un- 9 derutilized energy r esour ce on the F ederal cs- 10 tat e; and "(C) to contribut e to sustainab le cconmnic 11 12 development 13 nitie s." . 14 opport un ities for host cornmu- (b) LgASJNG FOR DrHJ ~CT U SK-S ection 4 of the 15 Geotherma l Steam Act of 1970 (30 U.S.C. 1003 ) is fur16 th er amended by adding at th e end the foUm~ri .ng: 17 '((f) LEA SING I<'OR DIRE C'l' USE OF GEOTI-JgRM.AL 18 RESOURCES.- Lancls leased under this Act exclusively for 19 dir ect use of geotherma l resour ces shall be leased to any 20 qualifi ed app licant who fir st applies for such a lease und er 21 regulations issued by the Secretary, if22 ''( l ) the Secretary publish es a notic e of the 23 land s propo sed for leasing 60 days before the dat e 24 of th e issuan ce of th e lease; and oHR 6 EH AMERICA!\ pVERSIGHT 826 CEQ050FY18091 _000000439 CEQ-18-0173-C-000864 824 1 subsection shaJl be modified in ord er to r eflect the 2 provision s of this sub section. 3 "(2) FI NAL R.EGULATION .-I n issuing any final 4 regulation establishing a schedule of fees 1rnder this 5 subsection, th e Secreta ry sha ll seek"(A) to provide lessees with a simplified 6 7 administrativ e system; 8 "( B) to encourag e development of this un- 9 derutilized energy r esour ce on the F ederal cs- 10 tat e; and "(C) to contribut e to sustainab le cconmnic 11 12 development 13 nitie s." . 14 opport un ities for host cornmu- (b) LgASJNG FOR DrHJ ~CT U SK-S ection 4 of the 15 Geotherma l Steam Act of 1970 (30 U.S.C. 1003 ) is fur16 th er amended by adding at th e end the foUm~ri .ng: 17 '((f) LEA SING I<'OR DIRE C'l' USE OF GEOTI-JgRM.AL 18 RESOURCES.- Lancls leased under this Act exclusively for 19 dir ect use of geotherma l resour ces shall be leased to any 20 qualifi ed app licant who fir st applies for such a lease und er 21 regulations issued by the Secretary, if22 ''( l ) the Secretary publish es a notic e of the 23 land s propo sed for leasing 60 days before the dat e 24 of th e issuan ce of th e lease; and oHR 6 EH AMERICA!\ pVERSIGHT 826 CEQ050FY18091 _000000439 CEQ-18-0173-C-000864 825 1 " (2) the Secretary does not receive m the 60- 2 day period beginning on the dat e of such publi cabon 3 any nomination to includ e the lands concerned in the 4 next competitive lease sale. 5 "(g) AREA SUBJEC'l' '1'0 LE AS E FOR DIRE C'l' USE. - 6 A geother mal lease for th e direct u se of geothermal re7 sourc es sha ll embra ce not mor e than th e amount of acre - 8 age determ ined by th e Secretary to be reaso nably nec- 9 essary for such propo sed ut ilization. " . 10 11 (c) EXI STING LEA S ES vVrrn A DIRE CT USE F ACIL - I 'l'Y .- 12 lessee (1) APPLI CA'l'ION TO CONYBR'l'.-Any 13 und er a leas e under the Geothermal Steam Act of 14 1970 that was issu ed befor e th e date of ena ctm ent 15 of th is Act may app ly to th e Secretary of th e Int e- 16 rior, by not late r than 18 mont hs aft er the dat e of 17 ena ct ment of thi s Act, to convert such lease to a 18 lease fo1? dir ect utilization of geotherma l resour ces in 19 accorda nce with th e amendm ent s mad e by this sec- 20 tion . 21 (2) C0NVERSI0N.-'l"'he Secretary sha ll approve 22 su ch an application and convert such a lease to a 23 lease in accordance with the amendments 24 lat er than 180 clays aft er receipt of such application , by not oHR 6 EH AMERICA!\ pVERSIGHT 827 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000865 825 1 " (2) the Secretary does not receive m the 60- 2 day period beginning on the dat e of such publi cabon 3 any nomination to includ e the lands concerned in the 4 next competitive lease sale. 5 "(g) AREA SUBJEC'l' '1'0 LE AS E FOR DIRE C'l' USE. - 6 A geother mal lease for th e direct u se of geothermal re7 sourc es sha ll embra ce not mor e than th e amount of acre - 8 age determ ined by th e Secretary to be reaso nably nec- 9 essary for such propo sed ut ilization. " . 10 11 (c) EXI STING LEA S ES vVrrn A DIRE CT USE F ACIL - I 'l'Y .- 12 lessee (1) APPLI CA'l'ION TO CONYBR'l'.-Any 13 und er a leas e under the Geothermal Steam Act of 14 1970 that was issu ed befor e th e date of ena ctm ent 15 of th is Act may app ly to th e Secretary of th e Int e- 16 rior, by not late r than 18 mont hs aft er the dat e of 17 ena ct ment of thi s Act, to convert such lease to a 18 lease fo1? dir ect utilization of geotherma l resour ces in 19 accorda nce with th e amendm ent s mad e by this sec- 20 tion . 21 (2) C0NVERSI0N.-'l"'he Secretary sha ll approve 22 su ch an application and convert such a lease to a 23 lease in accordance with the amendments 24 lat er than 180 clays aft er receipt of such application , by not oHR 6 EH AMERICA!\ pVERSIGHT 827 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000865 826 1 unl ess th e Secretary determ ines that th e app licant is 2 not a qualified appli cant with r espect to th e lease. 3 (3) APPLI CATIO N OF NEvV LEASE TERM S .- Th e 4 schedule of fees esta blished und er the amendment 5 mad e by sub section (a)( 4) shall apply ?wit h r espect to 6 payments und er a lease convert ed und er this sub- 7 section that are due and owing to th e United States 8 on or after Ju] y 16, 2003. 9 SEC. 1804. ROYALTIES AND NEAR-TERM PRODUCTION IN- 10 11 CENTIVES. (a) ROYAIIrY.- Section 5 of th e Geothermal Steam 12 Act of 1970 (30 U.S.C. 1004) is furth er arnendecl13 14 (1) in sub section (a) by str ikin g par agraph (1) and in serbn g th e follm"ring: 15 "( 1) a royalty on electr icity produ ced using geo- 16 th ermal r esour ces, other than dir ect u se of geo- 17 thermal r esour ces, tha t shal l bc- 18 "(A) not less than 1 p ercent and not more 19 than 2.5 p ercent of the gToss proceeds from the 20 sale of electricity pr oduced from such r esour ces 21 durin g th e fir st 10 yea r s of produ ction und er 22 the lease; and 23 "(B) not less than 2 and not more than 5 24 per cent of th e gross procee ds from th e sale of oHR 6 EH AMERICA!\ pVERSIGHT 828 CEQ050FY18091 _000000439 CEQ-18-0173-C-000866 826 1 unl ess th e Secretary determ ines that th e app licant is 2 not a qualified appli cant with r espect to th e lease. 3 (3) APPLI CATIO N OF NEvV LEASE TERM S .- Th e 4 schedule of fees esta blished und er the amendment 5 mad e by sub section (a)( 4) shall apply ?wit h r espect to 6 payments und er a lease convert ed und er this sub- 7 section that are due and owing to th e United States 8 on or after Ju] y 16, 2003. 9 SEC. 1804. ROYALTIES AND NEAR-TERM PRODUCTION IN- 10 11 CENTIVES. (a) ROYAIIrY.- Section 5 of th e Geothermal Steam 12 Act of 1970 (30 U.S.C. 1004) is furth er arnendecl13 14 (1) in sub section (a) by str ikin g par agraph (1) and in serbn g th e follm"ring: 15 "( 1) a royalty on electr icity produ ced using geo- 16 th ermal r esour ces, other than dir ect u se of geo- 17 thermal r esour ces, tha t shal l bc- 18 "(A) not less than 1 p ercent and not more 19 than 2.5 p ercent of the gToss proceeds from the 20 sale of electricity pr oduced from such r esour ces 21 durin g th e fir st 10 yea r s of produ ction und er 22 the lease; and 23 "(B) not less than 2 and not more than 5 24 per cent of th e gross procee ds from th e sale of oHR 6 EH AMERICA!\ pVERSIGHT 828 CEQ050FY18091 _000000439 CEQ-18-0173-C-000866 827 1 electricity pr oduced from such resour ces during 2 each year aft er such 10-year period;"; and 3 (2) by adding at the end the following: 4 "(c) FI NAL REG ULA TI ON E STAil LISIII NG ROY AL TY 5 RA'l'ES.-ln issuing any final regulation estab lishi ng roy- 6 alty rates und er tllis section, th e Secretary sha11seek7 8 " (1) to provide lessees a simplified adn1inistra.tive system; 9 "(2) to encourag e new development; 10 "(3) to achieve t he same long-ter m level of roy- 11 alty revenues to States and count ies as the regula- 12 tion in effect on th e date of enactme nt of this sub- 13 section ; and 14 "( 4) to ret1ect any change in profitabilit y of op- 15 erations for which royalties will be paid due to the 16 requirements imposed by F ederal agencies, including 17 delays. 18 "(cl) CRE DIT S FOR I N- KI ND P AYlVIE NTS OF ELE C- 19 TRICITY. -Th e Secretar y may pr ovide to a lessee a credit 20 against royalties owed under this Act, in an amount equal 21 to th e value of electricity provided under contra ct to a 22 State or county governm ent that is entitl ed to a portion 23 of such royalties und er section 20 of this Act, section 35 24 of the 1\/Iineral Leasing Act (30 U.S.C. 191), or section oHR 6 EH AMERICA!\ pVERSIGHT 829 CEQ050FY18091 _000000439 CEQ-18-0173-C-000867 827 1 electricity pr oduced from such resour ces during 2 each year aft er such 10-year period;"; and 3 (2) by adding at the end the following: 4 "(c) FI NAL REG ULA TI ON E STAil LISIII NG ROY AL TY 5 RA'l'ES.-ln issuing any final regulation estab lishi ng roy- 6 alty rates und er tllis section, th e Secretary sha11seek7 8 " (1) to provide lessees a simplified adn1inistra.tive system; 9 "(2) to encourag e new development; 10 "(3) to achieve t he same long-ter m level of roy- 11 alty revenues to States and count ies as the regula- 12 tion in effect on th e date of enactme nt of this sub- 13 section ; and 14 "( 4) to ret1ect any change in profitabilit y of op- 15 erations for which royalties will be paid due to the 16 requirements imposed by F ederal agencies, including 17 delays. 18 "(cl) CRE DIT S FOR I N- KI ND P AYlVIE NTS OF ELE C- 19 TRICITY. -Th e Secretar y may pr ovide to a lessee a credit 20 against royalties owed under this Act, in an amount equal 21 to th e value of electricity provided under contra ct to a 22 State or county governm ent that is entitl ed to a portion 23 of such royalties und er section 20 of this Act, section 35 24 of the 1\/Iineral Leasing Act (30 U.S.C. 191), or section oHR 6 EH AMERICA!\ pVERSIGHT 829 CEQ050FY18091 _000000439 CEQ-18-0173-C-000867 828 1 6 of the :Mineral Leasing Act for Acquired Land s (30 2 U.S.C. 355), if3 "(1) th e Secretary ha s approved in advance the 4 contra ct between th e lessee and the State or count y 5 governm ent for su ch in-kind payments; 6 7 " (2) the c011tract estab lishes a specific methodology to determine th e value of such credit s; and 8 "(3) the maximum credit will be equal to th e 9 royalty value owed to the State or county that is a 10 party to the contra ct and th e electric ity received v1ri ll 11 serve as the royalty payment fron1 th e F ederal Gov- 12 crnm ent to tha t entit y ." . 13 (b) D ISPO SJ\JJ OW l\ifONEYS FROM SALES, BO NUS rnS, 14 ROYJ\T/l'IE:S, AND Ru;N'l'S.-S ection 20 of th e Geothermal 15 Steam Act of 1970 (30 U.S.C. 1019) is amended to read 16 as folJows: 17 "SEC. 20. DISPOSAL OF MONEYS FROM SALES, BONUSES, 18 19 RENTALS, AND ROYALTIES. "( a) L'\l GENERAL.-E xcept with respect to land s in 20 th e State of Alaska , all monies received by the United 21 Sta t es from sales, bonu ses, renta ls, and royalties und er 22 tr1is Act shall be paid int o t he Tr easury of th e Unit ed 23 States . Of amount s dep osited und er thi s subsection, sub24 j ect to th e provisions of section 35 of the Mineral Leasing 25 Act (30 U.S .C. 191(b)) and section 5(a)(2) of this Act- oHR 6 EH AMERICA!\ pVERSIGHT 830 CEQ050FY18091 _000000439 CEQ-18-0173-C-000868 828 1 6 of the :Mineral Leasing Act for Acquired Land s (30 2 U.S.C. 355), if3 "(1) th e Secretary ha s approved in advance the 4 contra ct between th e lessee and the State or count y 5 governm ent for su ch in-kind payments; 6 7 " (2) the c011tract estab lishes a specific methodology to determine th e value of such credit s; and 8 "(3) the maximum credit will be equal to th e 9 royalty value owed to the State or county that is a 10 party to the contra ct and th e electric ity received v1ri ll 11 serve as the royalty payment fron1 th e F ederal Gov- 12 crnm ent to tha t entit y ." . 13 (b) D ISPO SJ\JJ OW l\ifONEYS FROM SALES, BO NUS rnS, 14 ROYJ\T/l'IE:S, AND Ru;N'l'S.-S ection 20 of th e Geothermal 15 Steam Act of 1970 (30 U.S.C. 1019) is amended to read 16 as folJows: 17 "SEC. 20. DISPOSAL OF MONEYS FROM SALES, BONUSES, 18 19 RENTALS, AND ROYALTIES. "( a) L'\l GENERAL.-E xcept with respect to land s in 20 th e State of Alaska , all monies received by the United 21 Sta t es from sales, bonu ses, renta ls, and royalties und er 22 tr1is Act shall be paid int o t he Tr easury of th e Unit ed 23 States . Of amount s dep osited und er thi s subsection, sub24 j ect to th e provisions of section 35 of the Mineral Leasing 25 Act (30 U.S .C. 191(b)) and section 5(a)(2) of this Act- oHR 6 EH AMERICA!\ pVERSIGHT 830 CEQ050FY18091 _000000439 CEQ-18-0173-C-000868 829 1 " (1) 50 percent shall be paid to th e State '"rith- 2 m th e boundari es of which th e leased lands or geo- 3 thermal resour ces arc or were located; and 4 "( 2) 25 percent shall be paid to the Count y 5 ?within the boundari es of which the leased lands or 6 geothermal resources ar e or were located. 7 "(b) USE OF PAYl\mNTS.-Amounts paid to a State 8 or count y under subsection (a) shalJ be used consistent 9 with th e terms of section 35 of the l\liineral Leasing Act 10 (30 U.S.C. 191)." . 11 (c) NEAR- 'l1 ERM PROD UCT ION I NCEN'l'I VE F OR Ex- 12 IS'l'ING LEASES.13 IN GENERAI.,.-Notv~thstanding ( 1) section 14 5(a) of th e Geothermal Steam Act of 1970, th e roy- 15 alty required to be paid shall be 50 percent of the 16 amount of th e royalty othen.vise required, on any 17 lease issued before the date of enact1nent of thi s Act 18 that docs not convert to new royalty terms und er 19 sub section (c)- 20 (A) vvith respect to commercial pr oduction 21 of energy from a facility that begins such pro - 22 duction in th e 6-year period beginnin g on th e 23 date of enact ment of this Act; or 24 (B) on qualified expansion geotherma l cn- 25 crgy. oHR 6 EH AMERICA!\ pVERSIGHT 831 CEQ050FY18091 _000000439 CEQ-18-0173-C-000869 829 1 " (1) 50 percent shall be paid to th e State '"rith- 2 m th e boundari es of which th e leased lands or geo- 3 thermal resour ces arc or were located; and 4 "( 2) 25 percent shall be paid to the Count y 5 ?within the boundari es of which the leased lands or 6 geothermal resources ar e or were located. 7 "(b) USE OF PAYl\mNTS.-Amounts paid to a State 8 or count y under subsection (a) shalJ be used consistent 9 with th e terms of section 35 of the l\liineral Leasing Act 10 (30 U.S.C. 191)." . 11 (c) NEAR- 'l1 ERM PROD UCT ION I NCEN'l'I VE F OR Ex- 12 IS'l'ING LEASES.13 IN GENERAI.,.-Notv~thstanding ( 1) section 14 5(a) of th e Geothermal Steam Act of 1970, th e roy- 15 alty required to be paid shall be 50 percent of the 16 amount of th e royalty othen.vise required, on any 17 lease issued before the date of enact1nent of thi s Act 18 that docs not convert to new royalty terms und er 19 sub section (c)- 20 (A) vvith respect to commercial pr oduction 21 of energy from a facility that begins such pro - 22 duction in th e 6-year period beginnin g on th e 23 date of enact ment of this Act; or 24 (B) on qualified expansion geotherma l cn- 25 crgy. oHR 6 EH AMERICA!\ pVERSIGHT 831 CEQ050FY18091 _000000439 CEQ-18-0173-C-000869 830 1 (2) 4-YEAH, APPL ICA'l'TON.-Paragrap h (1) ap - 2 p]jes only to new commercial produ ction of energy 3 from a facility in the first 4 year s of such produc- 4 tion . 5 (d) DE FINITION 6 'I'ITER iVuV ~ E NEL-WY.-ln OF Q UALIFI ED EXPA .1 '\TSION GE0- tlu s section , th e term "qualified 7 expan sion geothermal energy" means geothermal energy 8 produ ced from a generation facility for which9 (1) the production is increased by more than 10 10 percent as a result of expan sion of the facility car - 11 ried out in the 6-year period beginning on the dat e 12 of enactment of thi s Act; and 13 (2) such product ion increase is greater than 10 14 percent of th e average produ ction by th e facility dur- 15 ing the 5-year peri.od preceding the e~1)ansion of the 16 facility (as su ch average is adjusted to reflect any 17 trend, in chan ges in produ ction during that per iod). 18 (e) ROY AL'l'Y UN DER E XI STI NG LE ASES .- 19 (1) I N GE NER AL. - Any lessee under a lease 20 issued under the Geother mal Stea m Act of 1970 be- 21 fore th e date of ena ctment of thi s Act may modif:y 22 the ter ms of th e lease relating to payrnent of royal- 23 ties to comply with the amendment made by sub- 24 section (a), by applying to th e Secretar y of th e Intc- oHR 6 EH AMERICA!\ pVERSIGHT 832 CEQ050FY18091 _000000439 CEQ-18-0173-C-000870 830 1 (2) 4-YEAH, APPL ICA'l'TON.-Paragrap h (1) ap - 2 p]jes only to new commercial produ ction of energy 3 from a facility in the first 4 year s of such produc- 4 tion . 5 (d) DE FINITION 6 'I'ITER iVuV ~ E NEL-WY.-ln OF Q UALIFI ED EXPA .1 '\TSION GE0- tlu s section , th e term "qualified 7 expan sion geothermal energy" means geothermal energy 8 produ ced from a generation facility for which9 (1) the production is increased by more than 10 10 percent as a result of expan sion of the facility car - 11 ried out in the 6-year period beginning on the dat e 12 of enactment of thi s Act; and 13 (2) such product ion increase is greater than 10 14 percent of th e average produ ction by th e facility dur- 15 ing the 5-year peri.od preceding the e~1)ansion of the 16 facility (as su ch average is adjusted to reflect any 17 trend, in chan ges in produ ction during that period). 18 (e) ROY AL'l'Y UN DER E XI STI NG LE ASES .- 19 (1) I N GE NER AL. - Any lessee under a lease 20 issued under the Geother mal Stea m Act of 1970 be- 21 fore th e date of ena ctment of thi s Act may modif:y 22 the ter ms of th e lease relating to payrnent of royal- 23 ties to comply with the amendment made by sub- 24 section (a), by applying to th e Secretar y of th e Intc- oHR 6 EH AMERICA!\ pVERSIGHT 832 CEQ050FY18091 _000000439 CEQ-18-0173-C-000870 83 1 1 rior bv ., not lat er than 18 month s aft er th e date of 2 ena ctment of thi s Act. (2) 3 APPLI CATIO N OF MODIFI CATION. - S u ch 4 modificat ion shall app ly to any use of geotherma l re- 5 sour ces to ?which th e amendm ent applies that occur s 6 afte r th e dat e of that application. (3) CoNSUlll'J\TION.-rrhe 7 Secretar y- 8 (A) shall consult ,~rith the Stat e and local 9 governm ents affected by any pr oposed changes 10 in lease royalty terms und er this sub sect ion; 11 and 12 (B) may establj sh roya lty based on a gross 13 pro ceeds percenta ge within th e rang e specified 14 in the amendm ent made by subs ection (a)( l ) 15 and ,~ri.ththe concurr ence of th e lessee an d the 16 State. 17 SEC. 1805. EXPEDITING ADMINISTRATIVE ACTION FOR GEO- 18 19 20 THERMAL LEASING. (a) TRE ATl\IE NT OF GEOTHERMAL RE SPECT TO FEDERAL LE ASING WITH L AND l\tL\NAGEl\IE NT PL Al'\f RE - 21 QUII{l!.i\m N'l'S.- Section 15 of th e Geoth ermal Steam Act 22 of 1970 (30 U.S.C. 101 4) is amended by add ing at th e 23 end the folio-wing: 24 "(d) TRE ATMEN' l' OF GEO TIIER l\IAL L EASING UNDE R 25 FEDER AL L A1"'\T D l\tL\.NAGEl\IENT PLA NS .- Gcoth crmal oHR 6 EH AMERICA!\ pVERSIGHT 833 CEQ050FY18091 _000000439 CEQ-18-0173-C-000871 83 1 1 rior bv ., not lat er than 18 month s aft er th e date of 2 ena ctment of thi s Act. (2) 3 APPLI CATIO N OF MODIFI CATION. - S u ch 4 modificat ion shall app ly to any use of geotherma l re- 5 sour ces to ?which th e amendm ent applies that occur s 6 afte r th e dat e of that application. (3) CoNSUlll'J\TION.-rrhe 7 Secretar y- 8 (A) shall consult ,~rith the Stat e and local 9 governm ents affected by any pr oposed changes 10 in lease royalty terms und er this sub sect ion; 11 and 12 (B) may establj sh roya lty based on a gross 13 pro ceeds percenta ge within th e rang e specified 14 in the amendm ent made by subs ection (a)( l ) 15 and ,~ri.ththe concurr ence of th e lessee an d the 16 State. 17 SEC. 1805. EXPEDITING ADMINISTRATIVE ACTION FOR GEO- 18 19 20 THERMAL LEASING. (a) TRE ATl\IE NT OF GEOTHERMAL RE SPECT TO FEDERAL LE ASING WITH L AND l\tL\NAGEl\IE NT PL Al'\f RE - 21 QUII{l!.i\m N'l'S.- Section 15 of th e Geoth ermal Steam Act 22 of 1970 (30 U.S.C. 101 4) is amended by add ing at th e 23 end the folio-wing: 24 "(d) TRE ATMEN' l' OF GEO TIIER l\IAL L EASING UNDE R 25 FEDER AL L A1"'\T D l\tL\.NAGEl\IENT PLA NS .- Gcoth crmal oHR 6 EH AMERICA!\ pVERSIGHT 833 CEQ050FY18091 _000000439 CEQ-18-0173-C-000871 832 1 leasing and development of F eder al lands in accordance 2 '"~th thi s Act is deemed to be consistent ,:\~.t h the mana ge3 ment of N ationaJ For est System lands under section 6 of 4 th e For est and Rang eland Renewable Resources Planning 5 Act of 1974 (16 U.S.C . 1604) ax1dpublic lands und er sec6 tion 202 of th e F ederal Land Policy and Mana gement Act 7 of 1976 (43 U.S.C. 1712). Land and r esour ce manage- 8 ment plan s aJ1d land use plans in effect und er such sec- 9 tion s on th e date of th e ena ctment of this subsection arc 10 deemed to be adequate to proceed ?with th e issuan ce of 11 leases und er thi s Act .'' . 12 (b) LE 1\ SJ~ A..PPU CA'l'IO NS PENDING ON JA NUARY 1, 13 2005.(1) PRIOHJ'l'Y.-lt 14 shall be a priority for the 15 Secretary of th e Int erior, and for th e Secretary of 16 AgTicultm?c with respect to Nationa l For est Systems 17 lands, to ensure timely completion of admin ist rative 18 actions necessary to process application s for gco- 19 th ermal leasing pending on January 1, 2005. 20 (2) APPLICABLELAv, r.-A n applicat ion referred 21 to in para graph (1), and any lease issued pur suant 22 to such an applicat ion- 23 (A) except as provided in subp ara gTaph 24 (B), shall be subject to this section as in effect 25 0 11 Jm1uary 1, 2005; or oHR 6 EH AMERICA!\ pVERSIGHT 834 CEQ050FY18091 _000000439 CEQ-18-0173-C-000872 832 1 leasing and development of F eder al lands in accordance 2 '"~th thi s Act is deemed to be consistent ,:\~.t h the mana ge3 ment of N ationaJ For est System lands under section 6 of 4 th e For est and Rang eland Renewable Resources Planning 5 Act of 1974 (16 U.S.C . 1604) ax1dpublic lands und er sec6 tion 202 of th e F ederal Land Policy and Mana gement Act 7 of 1976 (43 U.S.C. 1712). Land and r esour ce manage- 8 ment plan s aJ1d land use plans in effect und er such sec- 9 tion s on th e date of th e ena ctment of this subsection arc 10 deemed to be adequate to proceed ?with th e issuan ce of 11 leases und er thi s Act .'' . 12 (b) LE 1\ SJ~ A..PPU CA'l'IO NS PENDING ON JA NUARY 1, 13 2005.(1) PRIOHJ'l'Y.-lt 14 shall be a priority for the 15 Secretary of th e Int erior, and for th e Secretary of 16 AgTicultm?c with respect to Nationa l For est Systems 17 lands, to ensure timely completion of admin ist rative 18 actions necessary to process application s for gco- 19 th ermal leasing pending on January 1, 2005. 20 (2) APPLICABLELAv, r.-A n applicat ion referred 21 to in para graph (1), and any lease issued pur suant 22 to such an applicat ion- 23 (A) except as provided in subp ara gTaph 24 (B), shall be subject to this section as in effect 25 0 11 Jm1uary 1, 2005; or oHR 6 EH AMERICA!\ pVERSIGHT 834 CEQ050FY18091 _000000439 CEQ-18-0173-C-000872 833 1 (B) at the election of th e applicant, shall 2 be suQject to thi s section as in effect on the ef- 3 fective dat e of thi s para graph . 4 SEC. 1806. COORDINATION OF GEOTHERMAL LEASING AND 5 6 PERMITTING ON FEDERAL LANDS. (a) L'\fGENERAL.-Not lat er than 180 days aft er the 7 dat e of enactment of thi s section , th e Secretary of th e In 8 terior and th e Secretary of AgTicuJtur e shall ent er into and 9 submit to Congress a memorandum of und erstanding in 10 accordan ce with thi s section, the Geotherma l Steam Act 11 of 1970 (as amended by thi s Act) , and other applicable 12 laws, regarding coordination of leasing and permitt ing for 13 geothermal development of public lands and National For14 est System land s under their respective ju risdictions. 15 (b) LE 1\ SE J\},JD PER MJ'l' .AJ>PL ICA'l'IONS.- The memo- 16 randum of und ersta nding shall- 17 (J ) establish an administrative procedure for 18 pro cessing geothermal lease application s, including 19 lines of authority, steps in applicat ion processing, 20 and time limit s for application pr ocession; 21 (2) estab lish a 5-year progra m for geotherma l 22 leasing of land s in th e National Forest System, and 23 a process for upd ating that program every 5 years; 24 and oHR 6 EH AMERICA!\ pVERSIGHT 835 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000873 833 1 (B) at the election of th e applicant, shall 2 be suQject to thi s section as in effect on the ef- 3 fective dat e of thi s para graph . 4 SEC. 1806. COORDINATION OF GEOTHERMAL LEASING AND 5 6 PERMITTING ON FEDERAL LANDS. (a) L'\fGENERAL.-Not lat er than 180 days aft er the 7 dat e of enactment of thi s section , th e Secretary of th e In 8 terior and th e Secretary of AgTicuJtur e shall ent er into and 9 submit to Congress a memorandum of und erstanding in 10 accordan ce with thi s section, the Geotherma l Steam Act 11 of 1970 (as amended by thi s Act) , and other applicable 12 laws, regarding coordination of leasing and permitt ing for 13 geothermal development of public lands and National For14 est System land s under their respective ju risdictions. 15 (b) LE 1\ SE J\},JD PER MJ'l' .AJ>PL ICA'l'IONS.- The memo- 16 randum of und ersta nding shall- 17 (J ) establish an administrative procedure for 18 pro cessing geothermal lease application s, including 19 lines of authority, steps in applicat ion processing, 20 and time limit s for application pr ocession; 21 (2) estab lish a 5-year progra m for geotherma l 22 leasing of land s in th e National Forest System, and 23 a process for upd ating that program every 5 years; 24 and oHR 6 EH AMERICA!\ pVERSIGHT 835 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000873 834 1 (3) establi sh pro gram a for reducing th e 2 ba cklog of geoth er mal leas e a,pplication pend ing on 3 J anuary 1, 2005, by 90 perceut within the 5-year 4 period beginnin g 5 Act, including , as necessa ry, by- 011 the dat e of ena ct ment of thi s 6 (A) issuin g leases, rej ecting lease app lica- 7 tion s for failur e to comply with th e provisions 8 of th e regulations und er which th ey were filed, 9 or det ermining that an orig ina l applicant (or 10 the app licant' s assigns, heir s, or estat e) is no 11 longer int erested in ptu?sui:ng the lease app lica- 12 tion; 13 (B) makin g diligen t effort s to dir ectly con- 14 tact the lease applica nts (includin g their heirs, 15 ass ig11s, or estates); and 16 (C) ensurin g that no lease application is an r eqmre- 17 rQjecte d except in compliance with 18 ment s regarding diligent direct conta ct . 19 (c) DATA RETRIEVAL SYS'l'EM.- rrh c memorandum 20 of und er sta ndin g shall establi sh a joint dat a retri eval sys- 21 tern that is capabl e of tra ckin g lease and permit app lica22 tion s and provid ing to th e appli cant information as to 23 th eir stat u s with in th e Departm ent s of the Interior and 24 Agr iculture, including an estimat e of the tim e requir ed for 25 adm inistrat ive actio n. oHR 6 EH AMERICA!\ pVERSIGHT 836 CEQ050FY18091 _000000439 CEQ-18-0173-C-000874 834 1 (3) establi sh pro gram a for reducing th e 2 ba cklog of geoth er mal leas e a,pplication pend ing on 3 J anuary 1, 2005, by 90 perceut within the 5-year 4 period beginnin g 5 Act, including , as necessa ry, by- 011 the dat e of ena ct ment of thi s 6 (A) issuin g leases, rej ecting lease app lica- 7 tion s for failur e to comply with th e provisions 8 of th e regulations und er which th ey were filed, 9 or det ermining that an orig ina l applicant (or 10 the app licant' s assigns, heir s, or estat e) is no 11 longer int erested in ptu?sui:ng the lease app lica- 12 tion; 13 (B) makin g diligen t effort s to dir ectly con- 14 tact the lease applica nts (includin g their heirs, 15 ass ig11s, or estates); and 16 (C) ensurin g that no lease application is an r eqmre- 17 rQjecte d except in compliance with 18 ment s regarding diligent direct conta ct . 19 (c) DATA RETRIEVAL SYS'l'EM.- rrh c memorandum 20 of und er sta ndin g shall establi sh a joint dat a retri eval sys- 21 tern that is capabl e of tra ckin g lease and permit app lica22 tion s and provid ing to th e appli cant information as to 23 th eir stat u s with in th e Departm ent s of the Interior and 24 Agr iculture, including an estimat e of the tim e requir ed for 25 adm inistrat ive actio n. oHR 6 EH AMERICA!\ pVERSIGHT 836 CEQ050FY18091 _000000439 CEQ-18-0173-C-000874 835 1 SEC. 1807. REVIEW AND REPORT TO CONGRESS. 2 The Secr etar y of th e Int erjor sha ll prompt ly re,riew 3 and report to Congress not lat er than 3 years aft er the 4 dat e of ena ctm ent of this Act regardin g th e statu s of all 5 w:ith cka wals from leasing und er th e Geothermal Ste am Act 6 of 1970 (30 U.S .C. 1001 ct seq.) of F edera l land s, speci7 fy:ing for each such area wheth er t he ba sis for such with8 dra wal still apph es . 9 SEC. 1808. REIMBURSEMENT FOR COSTS OF NEPA ANAL- 10 YSES, DOCUMENTATION, AND STUDIES. 11 (a) IN GENERAL.- Th c Geothermal Steam Act of 12 1970 (30 U .S.C. 1001 ct seq.) is amended by adding at 13 th e end th e follov1rin g: 14 "SEC. 30. REIMBURSEMENT FOR COSTS OF CERTAIN ANAL15 16 YSES , DOCUMENTATION, AND STUDIES. "( a) IN GENERAL.-r n1e Secr etar y of th e Int erior 17 shall issu e r egulati ons und er v.rhich th e Secretar y shall r e- 18 jmbur se a p erson tha t js a lessee, operator , opera ting 19 right s ow11er , or app licant for any lease und er thi s Act 20 for r easonabl e amount s paid by the person for pr eparation 21 for th e Secret ary by a contr actor or oth er person selected 22 by th e Secr etar y of any proj ect -level an alysis, docum enta 23 tion , or r elat ed stud y requir ed pur suant to th e Nationa l 24 Em rironrn enta l Poli cy Act of 1969 (42 U. S.C. 4321 et 25 seq.) ,,rith respect to the lease . oHR 6 EH AMERICA!\ pVERSIGHT 837 CEQ050 FY18091_000000439 CEQ-18-0173-C-000875 835 1 SEC. 1807. REVIEW AND REPORT TO CONGRESS. 2 The Secretar y of th e Int erjor sha ll prompt ly re,riew 3 and report to Congress not lat er than 3 years aft er the 4 dat e of ena ctm ent of this Act regardin g th e statu s of all 5 w:ith cka wals from leasing und er th e Geothermal Ste am Act 6 of 1970 (30 U.S .C. 1001 ct seq.) of F edera l land s, speci7 fy:ing for each such area wheth er t he ba sis for such with8 dra wal still apph es . 9 SEC. 1808. REIMBURSEMENT FOR COSTS OF NEPA ANAL- 10 YSES, DOCUMENTATION, AND STUDIES. 11 (a) IN GENERAL.- Th c Geothermal Steam Act of 12 1970 (30 U .S.C. 1001 ct seq.) is amended by adding at 13 th e end th e follov1rin g: 14 "SEC. 30. REIMBURSEMENT FOR COSTS OF CERTAIN ANAL15 16 YSES , DOCUMENTATION, AND STUDIES. "( a) IN GENERAL.-r n1e Secr etar y of th e Int erior 17 shall issu e r egulati ons und er v.rhich th e Secretar y shall r e- 18 jmbur se a p erson tha t js a lessee, operator , opera ting 19 right s ow11er , or app licant for any lease und er thi s Act 20 for r easonabl e amount s paid by the person for pr eparation 21 for th e Secret ary by a contr actor or oth er person selected 22 by th e Secr etar y of any proj ect -level an alysis, docum enta 23 tion , or r elat ed stud y requir ed pur suant to th e Nationa l 24 Em rironrn enta l Poli cy Act of 1969 (42 U. S.C. 4321 et 25 seq.) ,,rith respect to the lease . oHR 6 EH AMERICA!\ pVERSIGHT 837 CEQ050 FY18091_000000439 CEQ-18-0173-C-000875 836 1 " (b) C0 NDTTI0NS.- The Secretar y may prmride reim- 2 bursement und er subsection (a) only if3 "(1) adequat e fundin g to enable th e Secretary 4 to timely prepare th e analysis, documentation , or re- 5 lat ed study is not appropriat ed; 6 " (2) th e person paid th e cost s voluntar ily; 7 " (3) the person maintain s records of it s costs 8 m accordan ce with regulation s issued by th e Sec- 9 retary; 10 " (4) the reimbur sement is in the form of a re- 11 duction in th e F edera l share of t he royalty required 12 to be paid for th e lease for which the analysis, docu - 13 rnent ation, or relat ed study is conducted, and is 14 agreed to by th e Secretar y and the person reun- 15 bur sed prwr to commencing the analysis, docu- 16 ment ation, or relat ed study; and 17 18 " (5) th e agreement required und er pa ragraph (4) contain s provisions- 19 " (A) reducing royalties owed on lease pro- 20 duction based on mark et pri ces; 21 "( B) stipu latin g an aut omatic termin ation 22 of the royalty reduction upon recovery of docu - 23 ment ed costs; and 24 "(C) pr oviding a pro cess by whi ch th e les- 25 see may seek reimbur sement for circumsta nces oHR 6 EH AMERICA!\ pVERSIGHT 838 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000876 836 1 " (b) C0 NDTTI0NS.- The Secretar y may prmride reim- 2 bursement und er subsection (a) only if3 "(1) adequat e fundin g to enable th e Secretary 4 to timely prepare th e analysis, documentation , or re- 5 lat ed study is not appropriat ed; 6 " (2) th e person paid th e cost s voluntar ily; 7 " (3) the person maintain s records of it s costs 8 m accordan ce with regulation s issued by th e Sec- 9 retary; 10 " (4) the reimbur sement is in the form of a re- 11 duction in th e F edera l share of t he royalty required 12 to be paid for th e lease for which the analysis, docu - 13 rnent ation, or relat ed study is conducted, and is 14 agreed to by th e Secretar y and the person reun- 15 bur sed prwr to commencing the analysis, docu - 16 ment ation, or relat ed study; and " (5) th e agreement required und er pa ragraph 17 18 (4) contain s provisions- 19 " (A) reducing royalties owed on lease pro- 20 duction based on mark et pri ces; 21 "( B) stipu latin g an aut omatic termin ation 22 of the royalty reduction upon recovery of docu - 23 ment ed costs; and 24 "(C) pr oviding a pro cess by whi ch th e les- 25 see may seek reimbur sement for circumsta nces oHR 6 EH AMERICA!\ pVERSIGHT 838 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000876 837 1 in which produ ction from t he specified lease is 2 not possible.". 3 (b) APPLICATION. - The amendment mad e by this 4 section shall apply with respect to an ana lysis, document a5 tion , or a related study conducted on or after the dat e 6 of enact ment of thi s Act for any lease ent ered into before, 7 on, or aft er the dat e of ena ctm ent of this Act. 8 (c) DEADLINE FOR RBGUJ_JNt'IONS.-The Secretary 9 shall issue regulations implementing t he amendment made 10 by th is section by not later than 1 year after th e date 11 of ena ctment of thi s Act. 12 SEC. 1809. ASSESSMEN T OF GEOTHERMAL ENERGY POTEN 13 14 TIAL. "!'he Secretary of Int erior, acting throug h th e Direc- 15 tor of th e United States Geological Survey and in coopera - 16 tion v,rith th e States, shall update the 1978 Assessment 17 of Geothermal Resources, and submit that updated assess 18 ment to Congress19 2O (1) not later than 3 years after the dat e of enact ment of this Act; and (2) the reaft er as th e availability of data and de- 21 22 velopments in technology ?warra nt . 23 SEC. 1810. COOPERATIVE OR UNIT PLANS. 24 Section 18 of the Geotherma l Steam Act of 1970 (30 25 U .S.C . 1017) is amended to read as follows: oHR 6 EH AMERICA!\ pVERSIGHT 839 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000877 837 1 in which produ ction from t he specified lease is 2 not possible.". 3 (b) APPLICATION. - The amendment mad e by this 4 section shall apply with respect to an ana lysis, document a5 tion , or a related study conducted on or after the dat e 6 of enact ment of thi s Act for any lease ent ered into before, 7 on, or aft er the dat e of ena ctm ent of this Act. 8 (c) DEADLINE FOR RBGUJ_JNt'IONS.-The Secretary 9 shall issue regulations implementing t he amendment made 10 by th is section by not later than 1 year after th e date 11 of ena ctment of thi s Act. 12 SEC. 1809. ASSESSMEN T OF GEOTHERMAL ENERGY POTEN 13 14 TIAL. "!'he Secretary of Int erior, acting throug h th e Direc- 15 tor of th e United States Geological Survey and in coopera - 16 tion v,rith th e States, shall update the 1978 Assessment 17 of Geothermal Resources, and submit that updated assess 18 ment to Congress19 2O (1) not later than 3 years after the dat e of enact ment of this Act; and (2) the reaft er as th e availability of data and de- 21 22 velopments in technology ?warra nt . 23 SEC. 1810. COOPERATIVE OR UNIT PLANS. 24 Section 18 of the Geotherma l Steam Act of 1970 (30 25 U .S.C . 1017) is amended to read as follows: oHR 6 EH AMERICA!\ pVERSIGHT 839 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000877 838 1 "SEC. 18. UNIT AND COMMUNITIZATION AGREEMENTS . 2 ''( a) ADOPTION OF UNrrs BY LE SSEES .- 3 "( 1) I N GENERAL.-For the purpo se of more 4 prop erly eonserving th e n atm?al resources of any 5 geothermal r eservoir , field, or lilrn area, or any part 6 thereof (whether or not any part of t he geotherma l 7 field , or like area, is then subj ect to any Unit Agree- 8 ment (cooperative plan of development or oper - 9 ation) ), lessees thereof and th eir repr esenta tives may 10 unit e with each oth er, or jointly or separ ate ly with 11 other s, in collectively adopting and operat ing und er 12 a Unit Agreement for su ch field, or like ar ea, or any 13 pa1?t ther eof including dir ect u se resour ces, if deter- 14 mined and certifi ed by th e Secretary to be necessary 15 or advisable in th e publi c int erest . A majorit y int er- 16 est of lessees und er any single lease shall ha ve the 17 authorit y to commit that lease to a Unit AgTeement. 18 rrh e Secretar y of th e In terior may also initiat e the 19 format ion of a Unit Agreement, if such action is in 20 the publi c int er est. 21 "(2) lVIODIFI CATION OF LE ASE REQ UIR E lVIE NTS 22 BY SECRE TARY .- Th e Secretary may, in t he discr e- 23 tion of the Secretary, and ,.\rith the consent of the 24 holder s of leases involved, establis h , alter, chan ge, or 25 revoke rates of operations (includin g drillin g, oper- 26 ations, productio n , and other 1?equir cmcnt s) of such oHR 6 EH AMERICA!\ pVERSIGHT 840 CEQ050FY18091 _000000439 CEQ-18-0173-C-000878 838 1 "SEC. 18. UNIT AND COMMUNITIZATION AGREEMENTS . 2 ''( a) ADOPTION OF UNrrs BY LE SSEES .- 3 "( 1) I N GENERAL.-For the purpo se of more 4 prop erly eonserving th e n atm?al resources of any 5 geothermal r eservoir , field, or lilrn area, or any part 6 thereof (whether or not any part of t he geotherma l 7 field , or like area, is then subj ect to any Unit Agree- 8 ment (cooperative plan of development or oper - 9 ation) ), lessees thereof and th eir repr esenta tives may 10 unit e with each oth er, or jointly or separ ate ly with 11 other s, in collectively adopting and operat ing und er 12 a Unit Agreement for su ch field, or like ar ea, or any 13 pa1?t ther eof including dir ect u se resour ces, if deter- 14 mined and certifi ed by th e Secretary to be necessary 15 or advisable in th e publi c int erest . A majorit y int er- 16 est of lessees und er any single lease shall ha ve the 17 authorit y to commit that lease to a Unit AgTeement. 18 rrh e Secretar y of th e In terior may also initiat e the 19 format ion of a Unit Agreement, if such action is in 20 the publi c int er est. 21 "(2) lVIODIFI CATION OF LE ASE REQ UIR E lVIE NTS 22 BY SECRE TARY .- Th e Secretary may, in t he discr e- 23 tion of the Secretary, and ,.\rith the consent of the 24 holder s of leases involved, establis h , alter, chan ge, or 25 revoke rates of operations (includin g drillin g, oper- 26 ations, productio n , and other 1?equir cmcnt s) of such oHR 6 EH AMERICA!\ pVERSIGHT 840 CEQ050FY18091 _000000439 CEQ-18-0173-C-000878 839 1 leases and make conditi ons ,,,rith reference to such 2 leases, with the consent of the lessees, in connection 3 with th e creation and operati on of any such Unit 4 Agreement as th e Secretary may deem necessary or 5 prop er to secur e the p1?oper prot ection of th e public 6 iJ1terest. Leases with unJjlrn lease terms or royalty 7 rat es do not need to be modified to be in th e same 8 unit. 9 "( b) REQUIRE.iVIENT OF P LAl~S UNDER NEW 10 LEASES.- rrhe Secretar y11 " (l ) may provide that geothermal leases issued 12 und er thi s Act shall cont ain a provision requiring 13 th e lessee to operat e und er such a reasonable Unit 14 AgTeement; and 15 " (2) may pr escribe such an Agreement und er 16 rhich shall adewhich such lessee shall operat e, ,.1, 17 quately protect t he right s of all partie s in int erest , 18 including th e Unit ed Stat es. 19 "(c) 1\/fOD IFICNl'ION OF RATE OF PROSPECTING, DE- 20 VELOPlV IENT, AND PRODUCTION.- The Secretar y may rc21 quir e th at any Agreement authori zed by thi s section that 22 applies to land s owned by th e Unit ed Stat es contain a pro23 ,ri.sion under which authority is vested in the Secretary, 24 or any person, committ ee, or Stat e or F edera l officer or 25 agency as may be designat ed in the Agreement to alter oHR 6 EH AMERICA!\ pVERSIGHT 841 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000879 839 1 leases and make conditi ons ,,,rith reference to such 2 leases, with the consent of the lessees, in connection 3 with th e creation and operati on of any such Unit 4 Agreement as th e Secretary may deem necessary or 5 prop er to secur e the p1?oper prot ection of th e public 6 iJ1terest. Leases with unJjlrn lease terms or royalty 7 rat es do not need to be modified to be in th e same 8 unit. 9 "( b) REQUIRE.iVIENT OF P LAl~S UNDER NEW 10 LEASES.- rrhe Secretar y11 " (l ) may provide that geothermal leases issued 12 und er thi s Act shall cont ain a provision requiring 13 th e lessee to operat e und er such a reasonable Unit 14 AgTeement; and 15 " (2) may pr escribe such an Agreement und er 16 which such lessee shall operat e, ,.1, rhich shall ade- 17 quately protect t he right s of all partie s in int erest , 18 including th e Unit ed Stat es. 19 "(c) 1\/fOD IFICNl'ION OF RATE OF PROSPECTING, DE- 20 VELOPlV IENT, AND PRODUCTION.- The Secretar y may rc21 quir e th at any Agreement authori zed by thi s section that 22 applies to land s owned by th e Unit ed Stat es contain a pro23 ,ri.sion under which authority is vested in the Secretary, 24 or any person, committ ee, or Stat e or F edera l officer or 25 agency as may be designat ed in the Agreement to alter oHR 6 EH AMERICA!\ pVERSIGHT 841 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000879 840 1 or modify from time to time the rate of pro specting and 2 development and the quantity and rate of produ ction 3 under such an Agreement . 4 "( cl) EXCLUSIONFROl\I D ETERMINATION OF HOLD- S ING OR CON'l'ROL.- Ja\.ny lands that arc subj ect to any 6 Agreement approved or prescribed by th e Secre tary und er 7 thi s section shall not be considered in determining hold8 ings or contr ol und er any provision of thi s Act. 9 "(c) POOLING OF CERTAIN LANTIS .- If separat e 10 tracts of lands cannot be independently developed and op11 crated to use geothermal resources pursuant to any scc- 12 tion of this Act13 " (] ) such lands, or a portion thereof, may be 14 pooled with other lands, wheth er or not owned by 15 th e United States, for pu rposes of development and 16 operatio n und er a Communitization Agreement pro - 17 viding for an app ortionment of produ ction or royal - 18 tics among the separate tracts of land compri sing 19 th e production unit , if such pooling is determi ned by 20 the Secretar y to be in the publi c int erest; and 21 "(2) operat ion or produ ction pursuant to such 22 an Agreement shall be treated as operat ion or pro - 23 duct ion with respect to each tract of land that is 24 subj ect to th e agreement . oHR 6 EH AMERICA!\ pVERSIGHT 842 CEQ050FY18091 _000000439 CEQ-18-0173-C-000880 840 1 or modify from time to time the rate of pro specting and 2 development and the quantity and rate of produ ction 3 under such an Agreement . 4 "( cl) EXCLUSIONFROl\I D ETERMINATION OF HOLD- S ING OR CON'l'ROL.- Ja\.ny lands that arc subj ect to any 6 Agreement approved or prescribed by th e Secre tary und er 7 thi s section shall not be considered in determining hold8 ings or contr ol und er any provision of thi s Act. 9 "(c) POOLING OF CERTAIN LANTIS .- If separat e 10 tracts of lands cannot be independently developed and op11 crated to use geothermal resources pursuant to any scc- 12 tion of this Act13 " (] ) such lands, or a portion thereof, may be 14 pooled with other lands, wheth er or not owned by 15 th e United States, for pu rposes of development and 16 operatio n und er a Communitization Agreement pro - 17 viding for an app ortionment of produ ction or royal - 18 tics among the separate tracts of land compri sing 19 th e production unit , if such pooling is determi ned by 20 the Secretar y to be in the publi c int erest; and 21 "(2) operat ion or produ ction pursuant to such 22 an Agreement shall be treated as operat ion or pro - 23 duct ion with respect to each tract of land that is 24 subj ect to th e agreement . oHR 6 EH AMERICA!\ pVERSIGHT 842 CEQ050FY18091 _000000439 CEQ-18-0173-C-000880 841 1 (((f) UNIT AGRBEMEN T RgvJB'W.- No more than 5 2 years after approval of any coopera tive or Unit AgTeement 3 and at least every 5 years thereafter, the Secretary shall 4 review each such Agreement and, afte r notice and oppor5 tunit y for comment , eliminate fr om inclu sion in such 6 Agreement any land s that th e Secretary determjnes are 7 not reasonably necessary for Unit operations und er the 8 Agreement. Such elimination shaJl be based on scient ific 9 evidence, and shall occ1.u?only if it is determin ed by the 10 Secretary to be for the purpose of conserving and prop erly 11 mana ging the geothermal resour ce. Any land so elimjnat ed nsion und er subsection (g) of 12 shall be eligible for an e:x"te 13 section 6 if it meets the requir ement s for su ch an cxten14 15 Sl011. ' 1 (g) DR ILL ING OR DE VELOPME N'l' CON'l'RAC'l'S.- 16 rrhe Secretary may, on such condition s as th e Secreta ry 17 may pr escribe, approve drilling or dcvelopnlent contracts 18 mad e by 1 or more lessees of geotherma l leases, ,,~th 1 19 or more persons, associations, or corporations if, in the 20 discretion of t he Secretary, th e con servation of natura l re21 sour ces or th e public convenience or necessity may requir e 22 or the interests of the Unitecl Stat es may be best served 23 thereby. All leases operated und er such approved drilling 24 or development contra ct s, and int erests thereunder, shall oHR 6 EH AMERICA!\ pVERSIGHT 843 CEQ050FY18091 _000000439 CEQ-18-0173-C-000881 841 1 (((f) UNIT AGRBEMEN T RgvJB'W.- No more than 5 2 years after approval of any coopera tive or Unit AgTeement 3 and at least every 5 years thereafter, the Secretary shall 4 review each such Agreement and, afte r notice and oppor5 tunit y for comment , eliminate fr om inclu sion in such 6 Agreement any land s that th e Secretary determjnes are 7 not reasonably necessary for Unit operations und er the 8 Agreement. Such elimination shaJl be based on scient ific 9 evidence, and shall occ1.u?only if it is determin ed by the 10 Secretary to be for the purpose of conserving and prop erly 11 mana ging the geothermal resour ce. Any land so elimjnat ed 12 shall be eligible for an e:x"te nsion und er subsection (g) of 13 section 6 if it meets the requir ement s for su ch an cxten14 15 Sl011. ' 1 (g) DR ILL ING OR DE VELOPME N'l' CON'l'RAC'l'S.- 16 rrhe Secretary may, on such condition s as th e Secreta ry 17 may pr escribe, approve drilling or dcvelopnlent contracts 18 mad e by 1 or more lessees of geotherma l leases, ,,~th 1 19 or more persons, associations, or corporations if, in the 20 discretion of t he Secretary, th e con servation of natura l re21 sour ces or th e public convenience or necessity may requir e 22 or the interests of the Unitecl Stat es may be best served 23 thereby. All leases operated und er such approved drilling 24 or development contra ct s, and int erests thereunder, shall oHR 6 EH AMERICA!\ pVERSIGHT 843 CEQ050FY18091 _000000439 CEQ-18-0173-C-000881 842 1 be excepted in deter mining holdings or control under sec- 2 tion 7. 3 "(h) COORDINATION "\iVITII STATE GOVERNMEN'l'S. - 4 '"l1be Secretary shall coordinate unitization and pooling ac- 5 tivitics with the appropriate State agencies and shall en- 6 sure that State leases included in any mut izat ion or pooJ- 7 ing arrang ement are treat ed equally with Federal leases." . 8 9 SEC. 1811. ROYALTY ON BYPRODU CTS. Section 5 of the Geothermal Steam Act of 1970 (30 10 U .S.C . 1004) is further amended in sub section (a) by 11 str iking parag raph (2) and ins erting the folio-wing: 12 "(2) a royalty on any byproduct that is a mm- 13 eral named in the first section of th e l\!Iineral Leas- 14 ing Act (30 U.S.C. 18] ), and that is derived from 15 production und er the lease, at the rate of the royalty 16 that applies under that Act to production of such 17 1ninera] und er a lease under that Act;". 18 SEC. 1812. REPEAL OF AUTHORITIES OF SECRETARY TO RE- 19 ADJUS T TERMS, CONDITIONS , RENTALS , AND 20 ROYALTIES. 21 Section 8 of th e Geothermal Steam Act of 1970 (30 22 U.S.C. 1007) is amended by repealing subsection (b), and 23 by redesignat ing subsection (c) as subsection (b). oHR 6 EH AMERICA!\ pVERSIGHT 844 CEQ050 FY18091_000000439 CEQ-18-0173-C-000882 842 1 be excepted in deter mining holdings or control under sec- 2 tion 7. 3 "(h) COORDINATION "\iVITII STATE GOVERNMEN'l'S. - 4 '"l1be Secretary shall coordinate unitization and pooling ac- 5 tivitics with the appropriate State agencies and shall en- 6 sure that State leases included in any mut izat ion or pooJ- 7 ing arrang ement are treat ed equally with Federal leases." . 8 9 SEC. 1811. ROYALTY ON BYPRODU CTS. Section 5 of the Geothermal Steam Act of 1970 (30 10 U .S.C . 1004) is further amended in sub section (a) by 11 str iking parag raph (2) and ins erting the folio-wing: 12 "(2) a royalty on any byproduct that is a mm- 13 eral named in the first section of th e l\!Iineral Leas- 14 ing Act (30 U.S.C. 18] ), and that is derived from 15 production und er the lease, at the rate of the royalty 16 that applies under that Act to production of such 17 1ninera] und er a lease under that Act;". 18 SEC. 1812. REPEAL OF AUTHORITIES OF SECRETARY TO RE- 19 ADJUS T TERMS, CONDITIONS , RENTALS , AND 20 ROYALTIES. 21 Section 8 of th e Geothermal Steam Act of 1970 (30 22 U.S.C. 1007) is amended by repealing subsection (b), and 23 by redesignat ing subsection (c) as subsection (b). oHR 6 EH AMERICA!\ pVERSIGHT 844 CEQ050 FY18091_000000439 CEQ-18-0173-C-000882 843 1 SEC. 1813. CREDITING OF RENTAL TOWARD ROYALTY. 2 Section 5 of th e Geothermal Steam Act of 1970 (30 3 U.S.C. 1004) is furth er amend ed(1) in sub section (a)(2) by inserting " and" 4 5 after th e semicolon at th e end; (2) in subsection (a)(3) by striking "; and " and 6 7 ins erting a period; 8 9 (3) by str iking paragraph (4) of subsection (a); and 10 11 (4) by adding at th e end the following: "(c) C REDITING OF RE N'l'AL T OWARD ROYAL'l'Y .- 12 Any annua l renta l und er t his section that is paid wi.th re- 13 spcct to a lease before th e first clay of the year for which 14 the annual re11tal is owed shall be credited to th e amount 15 of royalty that is required to be paid und er th e lease for 16 that year. " . 17 SEC. 1814. LEASE DURATION AND WORK COMMITMENT RE18 19 QUIREMENTS. Section 6 of th e Geothermal Steam Act of 1970 (30 20 U .S.C. 1005) is amend ed21 (1) by st riking so much as precedes subsection 22 (c), and strik ing subsections (c), (g), (h ), (i), and 23 (j); 24 25 (2) by redesignating subsections (c), (d), and (f) in order as subsection s (g), (11), and (i); and oHR 6 EH AMERICA!\ pVERSIGHT 845 CEQ050 FY18091_000000439 CEQ-18-0173-C-000883 843 1 SEC. 1813. CREDITING OF RENTAL TOWARD ROYALTY. 2 Section 5 of th e Geothermal Steam Act of 1970 (30 3 U.S.C. 1004) is furth er amend ed(1) in sub section (a)(2) by inserting " and" 4 5 after th e semicolon at th e end; (2) in subsection (a)(3) by striking "; and " and 6 7 ins erting a period; 8 9 (3) by str iking paragraph (4) of subsection (a); and 10 11 (4) by adding at th e end the following: "(c) C REDITING OF RE N'l'AL T OWARD ROYAL'l'Y .- 12 Any annua l renta l und er t his section that is paid wi.th re- 13 spcct to a lease before th e first clay of the year for which 14 the annual re11tal is owed shall be credited to th e amount 15 of royalty that is required to be paid und er th e lease for 16 that year. " . 17 SEC. 1814. LEASE DURATION AND WORK COMMITMENT RE18 19 QUIREMENTS. Section 6 of th e Geothermal Steam Act of 1970 (30 20 U .S.C. 1005) is amend ed21 (1) by st riking so much as precedes subsection 22 (c), and strik ing subsections (c), (g), (h ), (i), and 23 (j); 24 25 (2) by redesignating subsections (c), (d), and (f) in order as subsection s (g), (11), and (i); and oHR 6 EH AMERICA!\ pVERSIGHT 845 CEQ050 FY18091_000000439 CEQ-18-0173-C-000883 844 1 2 (3) by in sertin g before subsection (g), as so re- designat ed, th e following: 3 "SEC. 6. LEASE TERM AND WORK COMMITMENT REQUIRE4 5 MENTS. "( a) IN GENERAL.- 6 "(1) PR JlVli\RY TERM .-A 7 be for a prim ary term of 10 year s. geoth erm al ]ease shall 8 " (2) INrrr11V1 E;X'l'ENSION.- Th e Secretar y shalJ 9 ext end th e primar y term of a geothermal lease for 10 5 years if, for each year aft er th e fifth year of the 11 leasc- 12 "(A ) th e Secretar y determin ed und er sub- 13 section (c) th at the lessee sati sfied the work 14 commitm ent r equirement s that applied to tbe 15 lease for th at year ; or 16 "( B ) th e lessee paid m accordance with 17 sub section (d) the value of any work that was 18 not completed in accordan ce with those requir e- 19 ment s. 20 " (3) ADDITIONAL EX'l'ENSION.- Th e Secretar y 21 sh all extend th e prim ary term of a geothermal lease 22 (after an initial extension und er para graph (2) ) for 23 an additi onal 5 year s if, for each year of th e initia l 24 ext ension und er paragraph (2), the Secretar y deter- 25 mined tu1der sub section (c) th at th e lessee sat isfied oHR 6 EH AMERICA!\ pVERSIGHT 846 CEQ050FY18091_000000439 CEQ-18-0173-C-000884 844 1 2 (3) by in sertin g before subsection (g), as so re- designat ed, th e following: 3 "SEC. 6. LEASE TERM AND WORK COMMITMENT REQUIRE4 5 MENTS. "( a) IN GENERAL.- 6 "(1) PR JlVli\RY TERM .-A 7 be for a prim ary term of 10 year s. geoth erm al ]ease shall 8 " (2) INrrr11V1 E;X'l'ENSION.- Th e Secretar y shalJ 9 ext end th e primar y term of a geothermal lease for 10 5 years if, for each year aft er th e fifth year of the 11 leasc- 12 "(A ) th e Secretar y determin ed und er sub- 13 section (c) th at the lessee sati sfied the work 14 commitm ent r equirement s that applied to tbe 15 lease for th at year ; or 16 "( B ) th e lessee paid m accordance with 17 sub section (d) the value of any work that was 18 not completed in accordan ce with those requir e- 19 ment s. 20 " (3) ADDITIONAL EX'l'ENSION.- Th e Secretar y 21 sh all extend th e prim ary term of a geothermal lease 22 (after an initial extension und er para graph (2) ) for 23 an additi onal 5 year s if, for each year of th e initia l 24 ext ension und er paragraph (2), the Secretar y deter- 25 mined tu1der sub section (c) th at th e lessee sat isfied oHR 6 EH AMERICA!\ pVERSIGHT 846 CEQ050FY18091_000000439 CEQ-18-0173-C-000884 845 1 th e work commitm ent requir ement s that appJied to 2 the lease for that year. 3 "(b) REQUIRE.MENT TO SA'rISFY A.1 ~NUAL WORK 4 COivll\IITMENT REQ U IREMENT .- 5 ('(l ) IN GEl\TERAL .-T he lessee for a geotherma l 6 lease shall, for each year aft er the :fifth year of the 7 lease, satisfy work commitm ent requ irement s pre - 8 scribed by the Secretary that apply to the lease for 9 that year. 10 "(2) PRESCRIPTION OF ?woRK COi\IMITNIENTRE- 11 QUIREMENTS .- rrhe Secretary shall issue regulation s 12 pr escribin g minimum equivalent dollar value work 13 commitm ent 14 that- requir ement s for geoth er mal leases, 15 "(.A) reqmr e that a lessee, in each year 16 after the fifth year of the prim ary term of a 17 geothermal lease, diligently work t o achieve 18 comm ercial utiliz at ion of geotherma l resources 19 und er the lease; 20 '\B) describe work that qualifies to meet 21 these r equir ement s and factors, such as force 22 rnajeur e event s, that su spend or modify th e 23 ?work commitm ent obligat ion; 24 "(C) carry fonvard and apply to work com- 25 mitm ent require ment s for a yea r, work com- oHR 6 EH AMERICA!\ pVERSIGHT 847 CEQ050FY18091 _000000439 CEQ-18-0173-C-000885 845 1 th e work commitm ent requir ement s that appJied to 2 the lease for that year. 3 "(b) REQUIRE.MENT TO SA'rISFY A.1 ~NUAL WORK 4 COivll\IITMENT REQ U IREMENT .- 5 ('(l ) IN GEl\TERAL .-T he lessee for a geotherma l 6 lease shall, for each year aft er the :fifth year of the 7 lease, satisfy work commitm ent requ irement s pre - 8 scribed by the Secretary that apply to the lease for 9 that year. 10 "(2) PRESCRIPTION OF ?woRK COi\IMITNIENTRE- 11 QUIREMENTS .- rrhe Secretary shall issue regulation s 12 pr escribin g minimum equivalent dollar value work 13 commitm ent 14 that- requir ement s for geoth er mal leases, 15 "(.A) reqmr e that a lessee, in each year 16 after the fifth year of the prim ary term of a 17 geothermal lease, diligently work t o achieve 18 comm ercial utiliz at ion of geotherma l resources 19 und er the lease; 20 '\B) describe work that qualifies to meet 21 these r equir ement s and factors, such as force 22 rnajeur e event s, that su spend or modify th e 23 ?work commitm ent obligat ion; 24 "(C) carry fonvard and apply to work com- 25 mitm ent require ment s for a yea r, work com- oHR 6 EH AMERICA!\ pVERSIGHT 847 CEQ050FY18091 _000000439 CEQ-18-0173-C-000885 846 1 pleted in any year m th e prececUng 3-year pe- 2 riod that was in excess of th e work requir ed to 3 be performed in that preceding year; 4 "( D) establish transition rules for leases 5 issued before the date of the enactment of this 6 subsection, including terrns und er which a lease 7 that is near th e end of it s term on th e elate of 8 ena ctment of thi s subsection may be e}._'ien ded 9 for up t o 2 years- 10 "( i) to allow achievement of produ ction under the lease; or 11 "( ii) to allm,v th e lease to be included 12 13 in a produ cing unit; and 14 "( E ) establish an annua l payment that , at 15 th e option of the lessee, may be exercised in lieu 16 of meeting any work requir ern.ent for a limited 17 numb er of years that the Secretary determines 18 will not impair achieving diligent development 19 of th e geothermal resour ce. 20 "(3) 21 GEO'l'IIERl\'fAL LEASE OVERLYING MIN ING CI,All\1.- 22 "(A) EXEMP'l'J0N.-r r1ie lessee for a geo- 23 thermal lease of an area overlying an area sub- 24 ject to a mining claim for which a plan of oper- 25 at ions has been approved by the relevant F ed- oHR 6 EH AMERICA!\ pVERSIGHT 848 CEQ050FY18091 _000000439 CEQ-18-0173-C-000886 846 1 pleted in any year m th e prececUng 3-year pe- 2 riod that was in excess of th e work requir ed to 3 be performed in that preceding year; 4 "( D) establish transition rules for leases 5 issued before the date of the enactment of this 6 subsection, including terrns und er which a lease 7 that is near th e end of it s term on th e elate of 8 ena ctment of thi s subsection may be e}._'ien ded 9 for up t o 2 years- 10 "( i) to allow achievement of produ c- 11 tion under the lease; or "( ii) to allm,v th e lease to be included 12 13 in a produ cing unit; and 14 "( E ) establish an annua l payment that , at 15 th e option of the lessee, may be exercised in lieu 16 of meeting any work requir ern.ent for a limited 17 numb er of years that the Secretary determines 18 will not impair achieving diligent development 19 of th e geothermal resour ce. 20 "(3) 21 GEO'l'IIERl\'fAL LEASE OVERLYING MIN ING CI,All\1.- 22 "(A) EXEMP'l'J0N.-r r1ie lessee for a geo- 23 thermal lease of an area overlying an area sub- 24 ject to a mining claim for which a plan of oper- 25 at ions has been approved by the relevant F ed- oHR 6 EH AMERICA!\ pVERSIGHT 848 CEQ050FY18091 _000000439 CEQ-18-0173-C-000886 84 7 1 era] land manageme nt age ncy 1s exempt from 2 annual 3 th is Act, if developm ent of th e geothermal re - 4 sour ce subje ct to th e lease would int erfer e with 5 the mining operations und er such claim. 6 work requirements "(B) esta blished und er TER M I NATlO N OF RXEMP TTON.--An 7 exemption und er thi s paragraph 8 th e t er mination of th e minin g opera tion s. 9 "(4) TER l\IINATION OF APPLICATION OF RE- 10 QUIREi\IENTS.- "\i\ Tork commitm ent requir ement s pre - 11 scribed und er thi s sub section shall not appl y to a 12 geot hermal lease after th e date on which th e geo- 13 thermal resourc e is utili zed un der the lease in com- 14 rner cial quant ities. 15 "(c) DE'fERMINATION OTo' vVI-IETHER REQUIREi\lEN'l'S 16 SNrISF'lED.-T he Secretary expir es upon sha ll, by not later th an 90 17 days after th e end of each year for which work commit 18 ment requir ement s und er sub section (b) appl y to a geo- 19 therma l lease- 20 21 "( 1) determin e ?whether the lessee ha s sa.ti:;;fied th e r equir ements that apply for that year; 22 ''(2) not ify th e lessee of that dete rmi nation; and 23 "(3) in th e case of a notifi cat ion that the lessee 24 did not sa ti sfy work commitm ent requirements 25 the yea r , in clud e in the notifi ca tion - for oHR 6 EH AMERICA!\ pVERSIGHT 849 CEQ050FY18091 _000000439 CEQ-18-0173-C-000887 84 7 1 era] land manageme nt age ncy 1s exempt from 2 annual 3 th is Act, if developm ent of th e geothermal re - 4 sour ce subje ct to th e lease would int erfer e with 5 the mining operations und er such claim. 6 work requirements "(B) esta blished und er TER M I NATlO N OF RXEMP TTON.--An 7 exemption und er thi s paragraph 8 th e t er mination of th e minin g opera tion s. 9 "(4) TER l\IINATION OF APPLICATION OF RE- 10 QUIREi\IENTS.- "\i\ Tork commitm ent requir ement s pre - 11 scribed und er thi s sub section shall not appl y to a 12 geot hermal lease after th e date on which th e geo- 13 thermal resourc e is utili zed un der the lease in com- 14 rner cial quant ities. 15 "(c) DE'fERMINATION OTo' vVI-IETHER REQUIREi\lEN'l'S 16 SNrISF'lED.-T he Secretary expir es upon sha ll, by not later th an 90 17 days after th e end of each year for which work commit 18 ment requir ement s und er sub section (b) appl y to a geo- 19 therma l lease- 20 21 "( 1) determin e ?whether the lessee ha s sa.ti:;;fied th e r equir ements that apply for that year; 22 ''(2) not ify th e lessee of that dete rmi nation; and 23 "(3) in th e case of a notifi cat ion that the lessee 24 did not sa ti sfy work commitm ent requirements 25 the yea r , in clud e in the notifi ca tion - for oHR 6 EH AMERICA!\ pVERSIGHT 849 CEQ050FY18091 _000000439 CEQ-18-0173-C-000887 848 1 " (A) a description of th e specific work that 2 was not complet ed by th e lessee in accordance 3 ?with the requir ements; and 4 "(B) the amount of th e dollar valu e of 5 such work that was not completed, reduced by 6 the amount of eA'Pendittires made for ?work com- 7 plet ed in a prior year that is carried forward 8 pur suant to subsection (b)(2) (D). 9 10 "( cl) PAYME NT 01<' VALUE OF UNCOMPLETED \ i\TOR,K.- 11 "(l ) I N GENERAL .- If th e Secretary notifies a 12 lessee that th e lessee failed to safasfy work comrnit- 13 ment requirement s under subse ction (b), th e lessee 14 sha ll pay to th e Secretary, by not later than the encl 15 of th e 60-day period begim1ing on th e dat e of the 16 notification, th e dollar value of 17 completed by th e lessee, in th e amount st ated in the 18 notification (as reduced under subsection (c)(3)(B)) . 19 "(2) F 1ULUR,E TO ork that was not ,;t,1 PAY VALUE 20 UNCOMPLETED WORK.-If 21 amount to the Secretary before th e encl of that pe- 22 riod, th e lease shall terininat e upon th e e}q)iration of 23 the period. 24 "(e) 25 a lessee fails to OF pay such CON'fINUA'l' lON D URI NG COMMER(;IAL UnLIZA - TIO N.- oHR 6 EH AMERICA!\ pVERSIGHT 850 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000888 848 1 " (A) a description of th e specific work that 2 was not complet ed by th e lessee in accordance 3 ?with the requir ements; and 4 "(B) the amount of th e dollar valu e of 5 such work that was not completed, reduced by 6 the amount of eA'Pendittires made for ?work com- 7 plet ed in a prior year that is carried forward 8 pur suant to subsection (b)(2) (D). 9 10 "( cl) PAYME NT 01<' VALUE OF UNCOMPLETED \ i\TOR,K.- 11 "(l ) I N GENERAL .- If th e Secretary notifies a 12 lessee that th e lessee failed to safasfy work comrnit- 13 ment requirement s under subse ction (b), th e lessee 14 sha ll pay to th e Secretary, by not later than the encl 15 of th e 60-day period begim1ing on th e dat e of the 16 notification, th e dollar value of 17 completed by th e lessee, in th e amount st ated in the 18 notification (as reduced under subsection (c)(3)(B)) . 19 "(2) F 1ULUR,E TO ork that was not ,;t,1 PAY VALUE 20 UNCOMPLETED WORK.-If 21 amount to the Secretary before th e encl of that pe- 22 riod, th e lease shall terininat e upon th e e}q)iration of 23 the period. 24 "(e) 25 a lessee fails to OF pay such CON'fINUA'l' lON D URI NG COMMER(;IAL UnLIZA - TIO N.- oHR 6 EH AMERICA!\ pVERSIGHT 850 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000888 84 9 "(1) IN 1 GEN ERAI, .- If a geoth ermal resource 2 that is subject to a geoth er ma l lease is ut ilized m 3 commer cial qua ntiti es ,,VJthin the pr imar y term of 4 th e lease un der sub section (a) (includin g any cx.'t cn- 5 sion of the lease un der su bsection (a)) , such lease 6 sh all cont inu e u nti l the date on whfoh the geo- 7 th er mal r esource is no longer utilized in commer cial 8 qua ntiti es . 9 " (2) C ONTINUATIO N OF ASSOCIATE D LEASES .- 10 If a geothermal lease is for an ar ea in which there 11 is inj ected fluid or steam from a nearb y geotherm al 12 r esour ce for the pu rpo se of maint ain_ing commercial 13 utilization of a geotherm al resour ce, such lease shall 14 conti nue until such comm ercia l u tilizatio n is term i- 15 nated. 16 "(f ) C ONVE RSION OF GEO 'l'H ERlVlAL LE ASE '1'0 l\ll rN- 17 g HJ\L LEASJ~.-A lessee under a lease for a geotherm al 18 r esour ce that has been uti lized for comm crciaJ production 19 of electricity, has been determ ined by t he Secr etar y to be 20 in capab le of any fur ther comm ercial ut ilizat ion , and is 21 prod ucing any valuabl e byprod uct in pa yable qu ant ities 22 may, vvi thin 6 month s af ter such det erm inati on23 "(1) convert t he lea se to a miner al lease und er 24 th e l\[incr al L easing Act (30 U .S .C. 181 ct seq .) or 25 und er the l\l!incra l Leasin g Act for Acquir ed L ands oHR 6 EH AMERICA!\ pVERSIGHT 851 CEQ050FY18091_000000439 CEQ-18-0173-C-000889 84 9 "(1) IN 1 GEN ERAI, .- If a geoth ermal resource 2 that is subject to a geoth er ma l lease is ut ilized m 3 commer cial qua ntiti es ,,VJthin the pr imar y term of 4 th e lease un der sub section (a) (includin g any cx.'t cn- 5 sion of the lease un der su bsection (a)) , such lease 6 sh all cont inu e u nti l the date on whfoh the geo- 7 th er mal r esource is no longer utilized in commer cial 8 qua ntiti es . 9 " (2) C ONTINUATIO N OF ASSOCIATE D LEASES .- 10 If a geothermal lease is for an ar ea in which there 11 is inj ected fluid or steam from a nearb y geotherm al 12 r esour ce for the pu rpo se of maint ain_ing commercial 13 utilization of a geotherm al resour ce, such lease shall 14 conti nue until such comm ercia l u tilizatio n is term i- 15 nated. 16 "(f ) C ONVE RSION OF GEO 'l'H ERlVlAL LE ASE '1'0 l\ll rN- 17 g HJ\L LEASJ~.-A lessee under a lease for a geotherm al 18 r esour ce that has been uti lized for comm crciaJ production 19 of electricity, has been determ ined by t he Secr etar y to be 20 in capab le of any fur ther comm ercial ut ilizat ion , and is 21 prod ucing any valuabl e byprod uct in pa yable qu ant ities 22 may, vvi thin 6 month s af ter such det erm inati on23 "(1) convert t he lea se to a miner al lease und er 24 th e l\[incr al L easing Act (30 U .S .C. 181 ct seq .) or 25 und er the l\l!incra l Leasin g Act for Acquir ed L ands oHR 6 EH AMERICA!\ pVERSIGHT 851 CEQ050FY18091_000000439 CEQ-18-0173-C-000889 850 1 (30 U .S.C. 351 et seq.), if th e land s that are subj ect 2 to the lease can be leased und er that Act for the 3 produ ction of such byproduct; or 4 " (2) convert th e lease to a mining claim und er 5 th e general mining lav11s, if th e byprodu ct is a 6 locatab le miner al.''. 7 SEC. 1815. ADVANCED ROYALTIES REQUIRED FOR SUSPEN - 8 9 SION OF PRODUCTION. Section 5 of t he Geothermal Steam Act of 1970 (30 10 U .S.C. 1004) is furt her amended by adding at the end 11 the following: 12 "( f) ADVANCE D ROYAII J'IES RE(~UIRED F'OR SUSPEN - 13 SION OF PRODUC'l'lON.- "(1) 14 CON'l'INUJ\'l'TON OF l JEJ\Sg FOIJJ_,OWING 15 CESSA'L'lO N OF' PRODUC'l'lON.-If 16 commercial productio n und er a geoth erma l lease is 17 achieved, production ceases for any cause the lease 18 shall remain in full force and effect- 19 , at any time aft er "(A) duri ng th e 1-ycar period beginni ng on 20 the date produ ction ceases; and 21 "( B) aft er such period if, and so long as, 22 the lessee commences and contin ues diligently 23 and in good faith unti l such produ ction is re- 24 sumed the steps, operations, or procechu?es nee- oHR 6 EH AMERICA!\ pVERSIGHT 852 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000890 850 1 (30 U .S.C. 351 et seq.), if th e land s that are subj ect 2 to the lease can be leased und er that Act for the 3 produ ction of such byproduct; or 4 " (2) convert th e lease to a mining claim und er 5 th e general mining lav11s, if th e byprodu ct is a 6 locatab le miner al.''. 7 SEC. 1815. ADVANCED ROYALTIES REQUIRED FOR SUSPEN - 8 9 SION OF PRODUCTION. Section 5 of t he Geothermal Steam Act of 1970 (30 10 U .S.C. 1004) is furt her amended by adding at the end 11 the following: 12 "( f) ADVANCE D ROYAII J'IES RE(~UIRED F'OR SUSPEN - 13 SION OF PRODUC'l'lON.- "(1) 14 CON'l'INUJ\'l'TON OF l JEJ\Sg FOIJJ_,OWING 15 CESSA'L'lO N OF' PRODUC'l'lON.-If 16 commercial productio n und er a geoth erma l lease is 17 achieved, production ceases for any cause the lease 18 shall remain in full force and effect- 19 , at any time aft er "(A) duri ng th e 1-ycar period beginni ng on 20 the date produ ction ceases; and 21 "( B) aft er such period if, and so long as, 22 the lessee commences and contin ues diligently 23 and in good faith unti l such produ ction is re- 24 sumed the steps, operations, or procechu?es nee- oHR 6 EH AMERICA!\ pVERSIGHT 852 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000890 851 1 essa ry to cause a r est1mption of such produ c- 2 tion. 3 "(2) ADVANCE ROYALTIE S FOLLOW1NG SUSPE N- 4 SION OF PR.OD UCTION.- If produ ction of heat or en - 5 ergy und er a geotherma l lease is suspend ed after the 6 dat e of any such produ ction for which royalty is r e- 7 quir ed und er sub section (a) and the term s of para - 8 graph (1) ar e not met , the Secretary shall requir e 9 th e lessee, tmt il the end of such suspension, to pay 10 royalty in advance at the monthly pro r at a rat e of 11 th e average am1ual rat e at which such royalty vvas 12 pa id each yea r in the 5-year -period pr eceding the 13 dat e of su spension. 14 "(3) L IMITAT ION ON APPLICATTON.-Para graph 15 (2) shal l not apply if the suspension is required or 16 othen ,vise caused by the Secretar y, the Secretary of 17 a milita ry department, 18 . c." . or a ?.orce maaeur 19 20 a State or local governm.ent, SEC . 1816. ANNUAL RENTAL. (a) Ai"\fNUAL RENTAL RATE.-Sec tion 5 of the Geo- 21 ther mal Steam Act of 1970 (30 U.S. C. 1004) is further 22 arnencled in subsect ion (a) in para gr aph (3) by str iking 23 "$1 per acre or fraction thereof for each year of the lease" 24 and all that follows throug h th e end of th e paragraph and 25 in serting "$1 pe1? acre or fr action th er eof for each year oHR 6 EH AMERICA!\ pVERSIGHT 853 CEQ050 FY18091_000000439 CEQ-18-0173-C-000891 851 1 essa ry to cause a r est1mption of such produ c- 2 tion. 3 "(2) ADVANCE ROYALTIE S FOLLOW1NG SUSPE N- 4 SION OF PR.OD UCTION.- If produ ction of heat or en - 5 ergy und er a geotherma l lease is suspend ed after the 6 dat e of any such produ ction for which royalty is r e- 7 quir ed und er sub section (a) and the term s of para - 8 graph (1) ar e not met , the Secretary shall requir e 9 th e lessee, tmt il the end of such suspension, to pay 10 royalty in advance at the monthly pro r at a rat e of 11 th e average am1ual rat e at which such royalty vvas 12 pa id each yea r in the 5-year -period pr eceding the 13 dat e of su spension. 14 "(3) L IMITAT ION ON APPLICATTON.-Para graph 15 (2) shal l not apply if the suspension is required or 16 othen ,vise caused by the Secretar y, the Secretary of 17 a milita ry department, 18 . c." . or a ?.orce maaeur 19 20 a State or local governm.ent, SEC . 1816. ANNUAL RENTAL. (a) Ai"\fNUAL RENTAL RATE.-Sec tion 5 of the Geo- 21 ther mal Steam Act of 1970 (30 U.S. C. 1004) is further 22 arnencled in subsect ion (a) in para graph (3) by str iking 23 "$1 per acre or fraction thereof for each year of the lease" 24 and all that follows throug h th e end of th e paragraph and 25 in serting "$1 pe1? acre or fr action th er eof for each year oHR 6 EH AMERICA!\ pVERSIGHT 853 CEQ050 FY18091_000000439 CEQ-18-0173-C-000891 852 1 of the lease throu gh the tenth year in the case of a lease 2 awarded in a noncompetitive lease sale; or $2 per acre or 3 fraction thereof for the first yea r, $3 per acre or fract ion 4 thereof for each of the second through tenth years, in the 5 case of a lease awarded in a compet itive lease sale; and 6 $5 per acre or fracti011the reof for each year after the 10th 7 year thereof for all leases ." . 8 (b) T ER.MINA'rIOl OF LEA SE F'OR FAII,UR.13: '1'0 PAY 9 RENTAL.- Section 5 of the Geothermal Steam Act of 10 1970 (30 U .S.C. 1004 ) is furth er amended by adding at 11 the end the folluwing: 12 "(g) 'r BRi\HNAT ION OF' LEA SE U'OR FA ILURE TO PAY 13 RENrrAJ .J.- 14 "(l ) I N GENRRAL.-The Secretary shall termi- 15 nate any geothermal lease ,~rith respect to which 16 rental is not paid in accordance with thi s Act and 17 the terms of the lease und er which t he rental is re- 18 quired, up on the expirati on of th e 45-day period be- 19 ginnin g on the dat e of the failm?e to pay such renta l. 20 "(2) NOTIFICATION .- Th c Secreta ry shall 21 pr omptly notify a lessee that has not paid r enta l re- 22 quir ed under the lease that the lease vvill be t ermi- 23 natecl at the end of th e period referred to in para - 24 graph (1). oHR 6 EH AMERICA!\ pVERSIGHT 854 CEQ0 50 FY18091_000000439 CEQ-18-0173-C-000892 852 1 of the lease throu gh the tenth year in the case of a lease 2 awarded in a noncompetitive lease sale; or $2 per acre or 3 fraction thereof for the first yea r, $3 per acre or fract ion 4 thereof for each of the second through tenth years, in the 5 case of a lease awarded in a compet itive lease sale; and 6 $5 per acre or fracti011the reof for each year after the 10th 7 year thereof for all leases ." . 8 (b) T ER.MINA'rIOl OF LEA SE F'OR FAII,UR.13: '1'0 PAY 9 RENTAL.- Section 5 of the Geothermal Steam Act of 10 1970 (30 U .S.C. 1004 ) is furth er amended by adding at 11 the end the folluwing: 12 "(g) 'r BRi\HNAT ION OF' LEA SE U'OR FA ILURE TO PAY 13 RENrrAJ .J.- 14 "(l ) I N GENRRAL.-The Secretary shall termi- 15 nate any geothermal lease ,~rith respect to which 16 rental is not paid in accordance with thi s Act and 17 the terms of the lease und er which t he rental is re- 18 quired, up on the expirati on of th e 45-day period be- 19 ginnin g on the dat e of the failm?e to pay such renta l. 20 "(2) NOTIFICATION .- Th c Secreta ry shall 21 pr omptly notify a lessee that has not paid r enta l re- 22 quir ed under the lease that the lease vvill be t ermi- 23 natecl at the end of th e period referred to in para - 24 graph (1). oHR 6 EH AMERICA!\ pVERSIGHT 854 CEQ0 50 FY18091_000000439 CEQ-18-0173-C-000892 853 " (3) 1 RETN ST AT EM EN T.-A geotherma l lease 2 that would othenvi se terminate und er paragraph (1) 3 shall not terminat e und er that parag raph if the les- 4 sec pays to the Secretary, before the encl of the pc- 5 riod referr ed to in paragrap h (1), the amount of 6 rental due plus a late fee equal to 10 percent of su ch 7 amount.". 8 SEC. 1817. DEPOSIT AND USE OF GEOTHERMAL LEASE REV- 9 10 ENUES FOR 5 FISCAL YEARS. (a) DEPOSIT OF 11 LEASES.- Notwithstanding GEOTHERMAL RESOURCES any other provision of law, 12 amount s received bv the Unit ed State s in the first 5 fiscal . ~ 13 years beginning after the dat e of enactm ent of this Act 14 as rentaJs, royalties, and other payments requir ed und er 15 leases under the Geothermal Steam Act of 1970, excluding 16 funds requir ed to be paid to State and county govern17 m.ent s, shall be deposited into a separat e account in th e 18 Tr easu ry. 19 (b) USE OF DEPOSITS.- Subj cct to appropriations, 20 th e Secretary may use amount s deposit ed under sub21 section (a) to implement th e Geoth ermal Steam Act of 22 1970 and thi s Act. 23 SEC. 1818 . REPEAL OF ACREAGE LIMITATIONS. 24 Section 7 of the Geoth ermal Steam Act of 1970 (30 25 U .S.C . 1006) is repealed . oHR 6 EH AMERICA!\ pVERSIGHT 855 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000893 853 " (3) 1 RETN ST AT EM EN T.-A geotherma l lease 2 that would othenvi se terminate und er paragraph (1) 3 shall not terminat e und er that parag raph if the les- 4 sec pays to the Secretary, before the encl of the pc- 5 riod referr ed to in paragrap h (1), the amount of 6 rental due plus a late fee equal to 10 percent of su ch 7 amount.". 8 SEC. 1817. DEPOSIT AND USE OF GEOTHERMAL LEASE REV- 9 10 ENUES FOR 5 FISCAL YEARS. (a) DEPOSIT OF 11 LEASES.- Notwithstanding GEOTHERMAL RESOURCES any other provision of law, 12 amount s received bv the Unit ed State s in the first 5 fiscal . ~ 13 years beginning after the dat e of enactm ent of this Act 14 as rentaJs, royalties, and other payments requir ed und er 15 leases under the Geothermal Steam Act of 1970, excluding 16 funds requir ed to be paid to State and county govern17 m.ent s, shall be deposited into a separat e account in th e 18 Tr easu ry. 19 (b) USE OF DEPOSITS.- Subj cct to appropriations, 20 th e Secretary may use amount s deposit ed under sub21 section (a) to implement th e Geoth ermal Steam Act of 22 1970 and thi s Act. 23 SEC. 1818 . REPEAL OF ACREAGE LIMITATIONS. 24 Section 7 of the Geoth ermal Steam Act of 1970 (30 25 U .S.C . 1006) is repealed . oHR 6 EH AMERICA!\ pVERSIGHT 855 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000893 854 1 SEC. 1819. TECHNICAL AMENDMENTS. 2 The Geoth ermal Steam Act of 1970 (30 U.S.C. 1001 3 et seq .) is furth er amended as fo11ow s: (1) By strikin g "geoth ermal steam and associ- 4 5 ated geothermal resour ces" each pla ce it appears 6 and inserting '' geothermal resmu?ces'' . 7 8 (2) Section 2(e) (30 U .S.C. l00l (e)) is amended to read as follows : 9 "(e) ' direct use' means utili zation of geothermal 10 resour ces for commercial, residential , agr icuJtural , 11 public facilities, off-grid generation of electricity, or 12 other energy needs other than th e commercial pro- 13 dnction of electricity; and". 14 (3) Section 21 (30 U.S.C. 1020 ) is amended by 15 stril{:ing "( a) "\iVithinone hundr ed" and all that fol- 16 lm~s tlu?ough "(b ) Geothermal" and insertin g "Geo- 17 th erma l" . 18 (4) ,-fhe first section (30 U .S.C. 1001 note) is 19 amended by striJcing " 11 hat thi s" and insertin g the 20 following : 21 22 "SECTION 1. SHORT TITLE. "Thi s" . (5) Section 2 (30 U.S.C. 1001 ) is amended by 23 24 25 26 st rilring "SEC. 2. 1\.s" and inse rtin g the following: "SEC. 2. DEFINITIONS. "As" . oHR 6 EH AMERICA!\ pVERSIGHT 856 CEQ050FY18091 _000000439 CEQ-18-0173-C-000894 854 1 SEC. 1819. TECHNICAL AMENDMENTS. 2 The Geoth ermal Steam Act of 1970 (30 U.S.C. 1001 3 et seq .) is furth er amended as fo11ow s: (1) By strikin g "geoth ermal steam and associ- 4 5 ated geothermal resour ces" each pla ce it appears 6 and inserting '' geothermal resmu?ces'' . 7 8 (2) Section 2(e) (30 U .S.C. l00l (e)) is amended to read as follows : 9 "(e) ' direct use' means utili zation of geothermal 10 resour ces for commercial, residential , agr icuJtural , 11 public facilities, off-grid generation of electricity, or 12 other energy needs other than th e commercial pro- 13 dnction of electricity; and". 14 (3) Section 21 (30 U.S.C. 1020 ) is amended by 15 stril{:ing "( a) "\iVithinone hundr ed" and all that fol- 16 lm~s tlu?ough "(b ) Geothermal" and insertin g "Geo- 17 th erma l" . 18 (4) ,-fhe first section (30 U .S.C. 1001 note) is 19 amended by striJcing " 11 hat thi s" and insertin g the 20 following : 21 22 "SECTION 1. SHORT TITLE. "Thi s" . 23 24 25 26 (5) Section 2 (30 U.S.C. 1001 ) is amended by st rilring "SEC. 2. 1\.s" and inse rtin g the following: "SEC. 2. DEFINITIONS. "As" . oHR 6 EH AMERICA!\ pVERSIGHT 856 CEQ050FY18091 _000000439 CEQ-18-0173-C-000894 855 1 (6) Section 3 (30 U.S.C. 1002) is amended by 2 strikin g "SEC. 3. Subj ect " and insert ing th e fo]- 3 loviring: 4 "SEC. 3. LANDS SUBJECT TO GEOTHERMAL LEASING. 5 "S ubj ect " . 6 (7) Section 5 (30 U.S.C . 1004 ) is further 7 amended by striking ''S EC. 5.", and by inserting irn- 8 mediat ely before and above sub section (a) the fo]- 9 lowing: 10 "SEC. 5. RENTS AND ROYALTIES.". 11 (8) Section 8 (30 U.S.C. 1007) is amended by 12 st rik ing "Srnc. 8. (a) The" and insertin g the fol- 13 lowing: 14 "SEC. 8. READJUSTMENT OF LEASE TERMS AND CONDI 15 16 TIONS . "( a) rr he". (9) Section 9 (30 U .S.C. 1008) is amended by 17 18 striking "S EC. 9. If " and insert ing the following: 19 "SEC. 9. BYPRODUCTS . 20 "If" . 21 (] 0) Section 10 (30 U.S .C. 100 9) is amended 22 by st rik ing "S EC. 10. 1'he" and inserting the fol- 23 1m~ri.ng: 24 "SEC. 10. RELINQUISHMENT OF GEOTHERMAL RIGHTS . 25 "The". oHR 6 EH AMERICA!\ pVERSIGHT 857 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000895 855 1 (6) Section 3 (30 U.S.C. 1002) is amended by 2 strikin g "SEC. 3. Subj ect " and insert ing th e fo]- 3 loviring: 4 "SEC. 3. LANDS SUBJECT TO GEOTHERMAL LEASING. 5 "S ubj ect " . 6 (7) Section 5 (30 U.S.C . 1004 ) is further 7 amended by striking ''S EC. 5.", and by inserting irn- 8 mediat ely before and above sub section (a) the fo]- 9 lowing: 10 "SEC. 5. RENTS AND ROYALTIES.". 11 (8) Section 8 (30 U.S.C. 1007) is amended by 12 st rik ing "Srnc. 8. (a) The" and insertin g the fol- 13 lowing: 14 "SEC. 8. READJUSTMENT OF LEASE TERMS AND CONDI 15 16 TIONS . "( a) rr he". (9) Section 9 (30 U .S.C. 1008) is amended by 17 18 striking "S EC. 9. If " and insert ing the following: 19 "SEC. 9. BYPRODUCTS . 20 "If" . 21 (] 0) Section 10 (30 U.S .C. 100 9) is amended 22 by st rik ing "S EC. 10. 1'he" and inserting the fol- 23 1m~ri.ng: 24 "SEC. 10. RELINQUISHMENT OF GEOTHERMAL RIGHTS . 25 "The". oHR 6 EH AMERICA!\ pVERSIGHT 857 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000895 856 1 (11) Section 11 (30 U.S.C. 1010 ) is amended 2 by st rik ing "SEC. 11. rl'he" and insertin g the fol- 3 lowing: 4 "SEC. 11. SUSPENSION OF OPERATIONS AND PRODUCTION. 5 " Th e" . 6 (12) Secti011 12 (30 U .S.C. 1011) is amended 7 by striking "SBC. 12. Leases" and inserting the fol- 8 lowing: 9 10 "SEC. 12. TERMINATION OF LEASES. "Leases" . 11 (13) Section 13 (30 U .S.C. 1012) is amen ded 12 by st riking " S.EC. 13. r.rhe" and inserting th e fol- 13 lowing: 14 "SEC. 13. WAIVER, SUSPENSION, OR REDUCTION OF RENT 15 AL OR ROYALTY. 17 (] 4) Section 14 (30 U.S .C. 1013) is amend ed 18 by striking "SEC . 14. SuQjcct" and inserting th e fol- 19 lowing: 20 21 "SEC. 14. SURFACE LAND USE. "S ubj ect ". 22 (] 5) Section 15 (30 U.S .C. 1014 ) is amended 23 by st riking "S EC. 15. (a) Geoth ermal " and inserting 24 th e folloviring: oHR 6 EH AMERICA!\ pVERSIGHT 858 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000896 856 1 (11) Section 11 (30 U.S.C. 1010 ) is amended 2 by st rik ing "SEC. 11. rl'he" and insertin g the fol- 3 lowing: 4 "SEC. 11. SUSPENSION OF OPERATIONS AND PRODUCTION. 5 " Th e" . 6 (12) Secti011 12 (30 U .S.C. 1011) is amended 7 by striking "SBC. 12. Leases" and inserting the fol- 8 lowing: 9 10 "SEC. 12. TERMINATION OF LEASES. "Leases" . 11 (13) Section 13 (30 U .S.C. 1012) is amen ded 12 by st riking " S.EC. 13. r.rhe" and inserting th e fol- 13 lowing: 14 "SEC. 13. WAIVER, SUSPENSION, OR REDUCTION OF RENT 15 AL OR ROYALTY. 17 (] 4) Section 14 (30 U.S .C. 1013) is amend ed 18 by striking "SEC . 14. SuQjcct" and inserting th e fol- 19 lowing: 20 21 "SEC. 14. SURFACE LAND USE. "S ubj ect ". 22 (] 5) Section 15 (30 U.S .C. 1014 ) is amended 23 by st riking "S EC. 15. (a) Geoth ermal " and inserting 24 th e folloviring: oHR 6 EH AMERICA!\ pVERSIGHT 858 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000896 857 1 "SEC. 15. LANDS SUBJECT TO GEOTHERMAL LEASING . 2 ''(a) Geother mal " . 3 (16) Section 16 (30 U .S.C. 101 5) is amen ded 4 by strikin g "SEC. 16. L eases" and insertin g the fol- 5 lowing: 6 "SEC. 16. REQUffiEMENT FOR LESSEES. 7 " Leases" . 8 (] 7) Section 17 (30 U .S.C. 1016 ) is amended 9 by strikin g "SbC . 17. Admini strat ion " and in sert ing 10 the following: 11 "SEC. 17. ADMINISTRATION. 12 "Admi nist rat ion" . 13 (18) Section 19 (30 U .S.C. 101 8) is amen ded 14 by strikin g "SEC. 19. Upon" and insertin g the fol- 15 lowing: 16 17 "SEC. 19. DATA FROM FEDERAL AGENCIES. "Upon". 18 (19) Section 21 (30 U.S.C. 1020) is furth er 19 amend ed by st rilun g "SEC. 21.", and by inser ting 20 iiru11cdiatc ly before and above the r emaind er of that 21 section the follm,v:i ng: 22 "SEC. 21. PUBLICATION IN FEDERAL REGISTER; RESERV A23 TION OF MINERAL RIGHTS.". 24 (20) Section 22 (30 U .S.C. 1021) is amended 25 by strikin g "SEC. 22. Nothin g" an d insertin g the 26 following: oHR 6 EH AMERICA!\ pVERSIGHT 859 CEQ050FY18091 _000000439 CEQ-18-0173-C-000897 857 1 "SEC. 15. LANDS SUBJECT TO GEOTHERMAL LEASING . 2 ''(a) Geother mal " . 3 (16) Section 16 (30 U .S.C. 101 5) is amen ded 4 by strikin g "SEC. 16. L eases" and insertin g the fol- 5 lowing: 6 "SEC. 16. REQUffiEMENT FOR LESSEES. 7 " Leases" . 8 (] 7) Section 17 (30 U .S.C. 1016 ) is amended 9 by strikin g "SbC . 17. Admini strat ion " and in sert ing 10 the following: 11 "SEC. 17. ADMINISTRATION. 12 "Admi nist rat ion" . 13 (18) Section 19 (30 U .S.C. 101 8) is amen ded 14 by strikin g "SEC. 19. Upon" and insertin g the fol- 15 lowing: 16 17 "SEC. 19. DATA FROM FEDERAL AGENCIES. "Upon". 18 (19) Section 21 (30 U.S.C. 1020) is furth er 19 amend ed by st rilun g "SEC. 21.", and by inser ting 20 iiru11cdiatc ly before and above the r emaind er of that 21 section the follm,v:i ng: 22 "SEC. 21. PUBLICATION IN FEDERAL REGISTER; RESERV A23 TION OF MINERAL RIGHTS.". 24 (20) Section 22 (30 U .S.C. 1021) is amended 25 by strikin g "SEC. 22. Nothin g" an d insertin g the 26 following: oHR 6 EH AMERICA!\ pVERSIGHT 859 CEQ050FY18091 _000000439 CEQ-18-0173-C-000897 858 1 "SEC. 22. FEDERAL EXEMPTION FROM STATE WATER LAWS. 2 ''Not hin g". 3 (21) Secti on 23 (30 U .S .C. 10 22) is amen ded 4 by striki ng "SEC . 23. (a) All" and in serting th e fo]- 5 lowing : 6 "SEC. 23. PREVENTION OF WASTE; EXCLUSIVITY. 7 "(a) All" . 8 (22) Section 24 (30 U .S .C. 1023) is amended 9 by str iking "Sgc _ 24 . rrh e" and inserti ng the fol- 10 lowing: 11 "SEC. 24. RULES AND REGULATIONS. 12 "Th e". 13 (23) Sect ion 25 (30 U .S .C. 10 24) is amen ded 14 by str iking "SEC. 25 . As" and in serti ng the fol- 15 lowin g: 16 "SEC. 25. INCLUSION OF GEOTHERMAL LEASING UNDER 17 18 CERTAIN OTHER LAWS. "As" . 19 20 (24) Secti on 26 is ame nded by striki ng "SEC. 26 . rrh e" an d inserting the follm,ving: 21 "SEC. 26. AMENDMENT. 22 "Th e" . 23 (25) Secti on 27 (30 U.S .C. 10 25) is a mended 24 by st riking "SEC. 27. rr he" and inserting the fol- 25 lowing: oHR 6 EH AMERICA!\ pVERSIGHT 860 CEQ050FY18 091_000000439 CEQ-18-0173-C-000898 858 1 "SEC. 22. FEDERAL EXEMPTION FROM STATE WATER LAWS. 2 ''Not hin g". 3 (21) Secti on 23 (30 U .S .C. 10 22) is amen ded 4 by striki ng "SEC . 23. (a) All" and in serting th e fo]- 5 lowing : 6 "SEC. 23. PREVENTION OF WASTE; EXCLUSIVITY. 7 "(a) All" . 8 (22) Section 24 (30 U .S .C. 1023) is amended 9 by str iking "Sgc _ 24 . rrh e" and inserti ng the fol- 10 lowing: 11 "SEC. 24. RULES AND REGULATIONS. 12 "Th e". 13 (23) Sect ion 25 (30 U .S .C. 10 24) is amen ded 14 by str iking "SEC. 25 . As" and in serti ng the fol- 15 lowin g: 16 "SEC. 25. INCLUSION OF GEOTHERMAL LEASING UNDER 17 18 CERTAIN OTHER LAWS. "As" . 19 20 (24) Secti on 26 is ame nded by striki ng "SEC. 26 . rrh e" an d inserting the follm,ving: 21 "SEC. 26. AMENDMENT. 22 "Th e" . 23 (25) Secti on 27 (30 U.S .C. 10 25) is a mended 24 by st riking "SEC. 27. rr he" and inserting the fol- 25 lowing: oHR 6 EH AMERICA!\ pVERSIGHT 860 CEQ050FY18 091_000000439 CEQ-18-0173-C-000898 859 1 "SEC. 27. FEDERAL RESERVATION OF CERTAIN MINERAL 2 RIGHTS. 4 (26) Section 28 (30 U .S.C. 1026) is amended 5 by strikin g "SEC. 28 . (a)( l ) The" and im;erting the 6 following : 7 8 "SEC. 28. SIGNIFICANT THERMAL FEATURES. "( a)( l ) The". 9 (27 ) Section 29 (30 U.S.C. 1027) is amend ed 10 by st riking "SEC. 29. rrh e" and inser?ting the fol- 11 lowing : 12 "SEC. 13 29. LAND SUBJECT TO PROHIBITION ON LEASING. "Th e" . 14 SEC. 1820. INTERMOUNTAIN WEST GEOTHERMAL CONSOR15 16 TIUM. (a) P 1U~TICIPATION AU TII ORIZED .- Th e Secreta ry of 17 E nergy, acting thr ough the Idaho Nati onal Laboratory, 18 may parti cipate in a consortium describe d in subsection 19 (b) to addr ess science and science policy issu es sur- ':panded discovery and u se of geotherm al 20 rou nding the m,.. 21 energy, including from geothermal resou rces on public 22 lands. 23 (b) l\llEi\IBERS.- T'he consortiur n referr ed to in sub- 24 section (a) shall25 26 (1) be knmvn as the "In ter mom1tain \?est Geo- th ermal Consor tium''; oHR 6 EH AMERICA!\ pVERSIGHT 861 CEQ050FY18091 _000000439 CEQ-18-0173-C-000899 859 1 "SEC. 27. FEDERAL RESERVATION OF CERTAIN MINERAL 2 RIGHTS. 4 (26) Section 28 (30 U .S.C. 1026) is amended 5 by strikin g "SEC. 28 . (a)( l ) The" and im;erting the 6 following : 7 8 "SEC. 28. SIGNIFICANT THERMAL FEATURES. "( a)( l ) The". 9 (27 ) Section 29 (30 U.S.C. 1027) is amend ed 10 by st riking "SEC. 29. rrh e" and inser?ting the fol- 11 lowing : 12 "SEC. 13 29. LAND SUBJECT TO PROHIBITION ON LEASING. "Th e" . 14 SEC. 1820. INTERMOUNTAIN WEST GEOTHERMAL CONSOR15 16 TIUM. (a) P 1U~TICIPATION AU TII ORIZED .- Th e Secreta ry of 17 E nergy, acting thr ough the Idaho Nati onal Laboratory, 18 may parti cipate in a consortium describe d in subsection 19 (b) to addr ess science and science policy issu es sur- ':panded discovery and u se of geotherm al 20 rou nding the m,.. 21 energy, including from geothermal resou rces on public 22 lands. 23 (b) l\llEi\IBERS.- T'he consortiur n referr ed to in sub- 24 section (a) shall25 26 (1) be knmvn as the "In ter mom1tain \?est Geo- th ermal Consor tium''; oHR 6 EH AMERICA!\ pVERSIGHT 861 CEQ050FY18091 _000000439 CEQ-18-0173-C-000899 860 1 (2) be a regional consortium of institution s and 2 governm ent agencies that focuses on building co]- 3 laborativ c effort s among th e universities in th e St ate 4 of Idaho , other 1?egional universities, St ate agencies, 5 and t he Idaho National Laborator y; 6 (3) include Boise State University, th e Univer- 7 sity of Idaho (includin g the Idah o vVater Resources 8 Resear ch Institut e), th e Oregon Institut e of Tech- 9 nology, th e Desert Resear ch In stit ut e with th e Uni- 10 versity and Communit y College Syste m of Nevada , 11 and th e En ergy and Geoscience In stitu te at th e Uni- 12 versity of Utah; (4) be hosted and managed by Boise Stat e Uni- 13 14 versity; and 15 (5) have a director appoint ed by Boise Stat e 16 University, and associat e director s appoint ed by each 17 parti cipatin g institution. 18 (c) FI NA1"1"C IAL AsSISTANCE.- The Secretar y of En - 19 ergy, actin g throu gh th e Idah o National Lab orator y and 20 subj ect to the availability of appr opri ations, ?will pr ovide 21 finan cial assistan ce to Boise Stat e University for C}... l) endi- 22 tur e und er contr acts with members of th e consortium to 23 carry out the act ivities of th e consortium. oHR 6 EH AMERICA!\ pVERSIGHT 862 CEQ050FY18091 _000000439 CEQ-18-0173-C-000900 860 1 (2) be a regional consortium of institution s and 2 governm ent agencies that focuses on building co]- 3 laborativ c effort s among th e universities in th e St ate 4 of Idaho , other 1?egional universities, St ate agencies, 5 and t he Idaho National Laborator y; 6 (3) include Boise State University, th e Univer- 7 sity of Idaho (includin g the Idah o vVater Resources 8 Resear ch Institut e), th e Oregon Institut e of Tech- 9 nology, th e Desert Resear ch In stit ut e with th e Uni- 10 versity and Communit y College Syste m of Nevada , 11 and th e En ergy and Geoscience In stitu te at th e Uni- 12 versity of Utah; (4) be hosted and managed by Boise Stat e Uni- 13 14 versity; and 15 (5) have a director appoint ed by Boise Stat e 16 University, and associat e director s appoint ed by each 17 parti cipatin g institution. 18 (c) FI NA1"1"C IAL AsSISTANCE.- The Secretar y of En - 19 ergy, actin g throu gh th e Idah o National Lab orator y and 20 subj ect to the availability of appr opri ations, ?will pr ovide 21 finan cial assistan ce to Boise Stat e University for C}... l) endi- 22 tur e und er contr acts with members of th e consortium to 23 carry out the act ivities of th e consortium. oHR 6 EH AMERICA!\ pVERSIGHT 862 CEQ050FY18091 _000000439 CEQ-18-0173-C-000900 861 1 2 TITLE XIX-HYDROPOWERRESOURCES 3 SEC. 1901. INCREAS ED HYDROELECTRIC GENERATION AT 4 5 EXISTING FEDERAL FACILITIES. (a) IN GENERAL.-Th e Secretar y of the Interior , the 6 Secretar y of En ergy, and th e Secretar y of th e Army shall 7 j ointly conduct a stud y of th e pot ential for increasing clec- 8 tri c power produ ction capability at federally owned or op9 crat ed wat er regulation , stora ge, and conveyan ce facilities. 10 (b) CONTENT.-Th e stud y und er thi s section shall in- 11 elude identification and description in detail of each facil12 ity th at is capabl e, ?with or ,vithout modification, of pro- 13 du cing additional hydl'oclectri c power , includin g esti- 14 mation of th e existin g pot entia l for th e fa cility t o generat e 15 hydroelectri c power. 16 (c) REPORT.- Tbe Secretari es shall submit to the 17 Committ ees on En ergy and Commerce, Resour ces, and 18 '"fransportati on and Infr ast ructur e of the Hou se of Rep19 resentativ es and the Committ ee on En ergy and Natura l 20 Resources of th e Senat e a report on the findin gs, conclu21 sions, and recommendation s of th e study und er thi s sec22 tion by not later than 18 month s aft er th e dat e of the 23 enactm ent of thi s Act . The report shall include each of 24 th e following: oHR 6 EH AMERICA!\ pVERSIGHT 863 CEQ050 FY18091_000000439 CEQ-18-0173-C-000901 861 1 2 TITLE XIX-HYDROPOWERRESOURCES 3 SEC. 1901. INCREAS ED HYDROELECTRIC GENERATION AT 4 5 EXISTING FEDERAL FACILITIES. (a) IN GENERAL.-Th e Secretar y of the Interior , the 6 Secretar y of En ergy, and th e Secretar y of th e Army shall 7 j ointly conduct a stud y of th e pot ential for increasing clec- 8 tri c power produ ction capability at federally owned or op9 crat ed wat er regulation , stora ge, and conveyan ce facilities. 10 (b) CONTENT.-Th e stud y und er thi s section shall in- 11 elude identification and description in detail of each facil12 ity th at is capabl e, ?with or ,vithout modification, of pro- 13 du cing additional hydl'oclectri c power , includin g esti- 14 mation of th e existin g pot entia l for th e fa cility t o generat e 15 hydroelectri c power. 16 (c) REPORT.- Tbe Secretari es shall submit to the 17 Committ ees on En ergy and Commerce, Resour ces, and 18 '"fransportati on and Infr ast ructur e of the Hou se of Rep19 resentativ es and the Committ ee on En ergy and Natura l 20 Resources of th e Senat e a report on the findin gs, conclu21 sions, and recommendation s of th e study und er thi s sec22 tion by not later than 18 month s aft er th e dat e of the 23 enactm ent of thi s Act . The report shall include each of 24 th e following: oHR 6 EH AMERICA!\ pVERSIGHT 863 CEQ050 FY18091_000000439 CEQ-18-0173-C-000901 862 (1) 1rh e identifi cation s, description s, and esti- 1 2 mation s referred to in subsection (b). 3 (2) A description of activities curr ently con- 4 ducted or considered , or that could be considered, to 5 produ ce additional hydroelectri c power from each 6 identified facibty . 7 (3) A summ ary of prior actions tak en by the 8 Secretar ies to produ ce additional hydroelectri c power 9 from each identifi ed facility . 10 (4) The cost s to install , up grade, or modi(y 11 equipment or take other actions to pr oduce addi- 12 tional hydroelectric power from each ident ified fa cil- 13 ity and the level of F ederal pm,ver customer involve- 14 rnent in the determination of such cost s. 15 (5) rrh e benefit s that would be achieved by su ch 16 installation, up gTalanati on of th e evaluation that 5 led th e Secretary to take royalt ies in-kind from 6 a lease or group of leases, includin g th e ex- 7 pectecl r evenu e effect of takin g royalti es in-kind ; 8 (C) actual amount s received by th e Unit ed 9 Stat es derived from takin g royalti es in-kind and 10 costs and savings incurr ed by the Unit ed St at es 11 associate d with taking royalti es in-kind , includ- 12 ing, but not limit ed to, admini strabv e savings 13 and any new or increase d adm inistrati ve cost s; 14 and 15 (D) an evaluation of other relevant public 16 benefit s or detrim ent s associat ed with tak ing 17 royalti es in-kintl. 18 (f) DED UCTIO N OF EXPE NS E S .- 19 (1) IN GENERAL.- Befor c malcing payment s 20 und er section 35 of the l\llin era l Leasing Act (30 21 U.S.C. 191) or section 8(g) of th e Out er Continental 22 Shelf Land s Act (43 U. S.C. 1337(g)) of revenu es 23 derived from the sale of royalty produ ction t aken in- 24 lcind from a lease, th e Secretar y shall deduct 25 amount s paid or deducted und er sub sections (b) (4) oHR 6 EH AMERICA!\ pVERSIGHT 873 CEQ050FY18091 _000000439 CEQ-18-0173-C-000911 871 1 th e United States derived from royalties in-kind 2 to amount s likely to have been received had roy- 3 alti es been tak en in-value; 4 (B) an mq>lanati on of th e evaluation that 5 led th e Secretary to take royalt ies in-kind from 6 a lease or group of leases, includin g th e ex- 7 pectecl r evenu e effect of takin g royalti es in-kind ; 8 (C) actual amount s received by th e Unit ed 9 Stat es derived from takin g royalti es in-kind and 10 costs and savings incurr ed by the Unit ed St at es 11 associate d with taking royalti es in-kind , includ- 12 ing, but not limit ed to, admini strabv e savings 13 and any new or increase d adm inistrati ve cost s; 14 and 15 (D) an evaluation of other relevant public 16 benefit s or detrim ent s associat ed with tak ing 17 royalti es in-kintl. 18 (f) DED UCTIO N OF EXPE NS E S .- 19 (1) IN GENERAL.- Befor c malcing payment s 20 und er section 35 of the l\llin era l Leasing Act (30 21 U.S.C. 191) or section 8(g) of th e Out er Continental 22 Shelf Land s Act (43 U. S.C. 1337(g)) of revenu es 23 derived from the sale of royalty produ ction t aken in- 24 lcind from a lease, th e Secretar y shall deduct 25 amount s paid or deducted und er sub sections (b) (4) oHR 6 EH AMERICA!\ pVERSIGHT 873 CEQ050FY18091 _000000439 CEQ-18-0173-C-000911 872 1 and (c) and deposit th e amount of th e deduction s in 2 th e miscellaneous receipt s of th e United States 3 Tr easury. (2) ACCOUNTING F OR DED UCTIO NS .- \Vh c n th e 4 5 Secretar y allows th e lessee t o deduct tran sportation 6 or pro cessing costs und er subsection (c), th e Sec- 7 retary may not 1~educe any payments to recipients of 8 revenues derived from any other F ederal oil and gas 9 lease as a consequence of that deduction. 10 (g) C ONSULTATIO N vVITII S TATES.- Th e 11 Secretary (1) shalJ consult vvith a Stat e before conducting 12 13 a royalty in-kind program under thi s subtitl e virithin 14 the State, and may delegate mana gement of any 15 portion of the F ederal royalty in-kind program to 16 th e Stat e except as otherwise prohibit ed by F ederal 17 law; and 18 (2) shall consult annua lly with any State from 19 which F ederal oil or gas royalty is being tak en in- 20 kind to ensure, to th e maximum extent practicab le, 21 that the royalty in -kind pr ogram prmri.des revenues 22 to th e State greater than or equal to those hkely to 23 have been received had royalties been taken in-value. 24 (h) S l\I.ALL REFI NER IE S.- oHR 6 EH AMERICA!\ pVERSIGHT 874 CEQ050 FY18091_000000439 CEQ-18-0173-C-000912 872 1 and (c) and deposit th e amount of th e deduction s in 2 th e miscellaneous receipt s of th e United States 3 Tr easury. (2) ACCOUNTING F OR DED UCTIO NS .- \Vh c n th e 4 5 Secretar y allows th e lessee t o deduct tran sportation 6 or pro cessing costs und er subsection (c), th e Sec- 7 retary may not 1~educe any payments to recipients of 8 revenues derived from any other F ederal oil and gas 9 lease as a consequence of that deduction. 10 (g) C ONSULTATIO N vVITII S TATES.- Th e 11 Secretary (1) shalJ consult vvith a Stat e before conducting 12 13 a royalty in-kind program under thi s subtitl e virithin 14 the State, and may delegate mana gement of any 15 portion of the F ederal royalty in-kind program to 16 th e Stat e except as otherwise prohibit ed by F ederal 17 law; and 18 (2) shall consult annua lly with any State from 19 which F ederal oil or gas royalty is being tak en in- 20 kind to ensure, to th e maximum extent practicab le, 21 that the royalty in -kind pr ogram prmri.des revenues 22 to th e State greater than or equal to those hkely to 23 have been received had royalties been taken in-value. 24 (h) S l\I.ALL REFI NER IE S.- oHR 6 EH AMERICA!\ pVERSIGHT 874 CEQ050 FY18091_000000439 CEQ-18-0173-C-000912 873 (1) PREPERENCE.-lf 1 th e Secretary finds that 2 sufficient supplies of crud e oil are not available in 3 th e open mark et to refineries that do not have th eir 4 own source of supply for crud e oil, th e Secretar y 5 may grant preference to such refineries in th e sale 6 of any royalty oiJ accruin g or reserved to th e Unit ed 7 Stat es und er F ederal oil and gas leases issued und er 8 any mineral leasing law, for processing or use in 9 such refineries at privat e sale at not less than th e 10 mark et pr ice. 11 (2) PROR A'rIO N AMONG REFI NERIE S IN PR0- 12 D UC'l'IO N 13 section , th e Secretar y of En ergy may, at the discre- 14 tion of th e Secretar y, prorat e th e oiJ among refin- 15 eries described iJ1 para graph (1) in th e ar ea in which 16 th e oil is produ ced. 17 (i) DI SPOSI'l'ION 'l'O FEDEHAL A GE NCIES.- 18 ARIEA.-ln disposing of oil und er thi s sub- (1) ONSII0RE R0YALTY. - A.ny royalty oil 01' gas 19 tak en by th e Secretar y in-kind from onshore oil and 20 gas leases may be sold at not less than th e mark et 21 pri ce to any F ederal agency. (2) 22 Ol <'li'SH0RE ROYAUJ'Y.- A n y royalty oil or 23 gas tak en in-kind from a F edera l oiJ or gas lease on 24 th e outer Continental Shelf may be disposed of only oHR 6 EH AMERICA!\ pVERSIGHT 875 CEQ050FY18091_000000439 CEQ-18-0173-C-000913 873 (1) PREPERENCE.-lf 1 th e Secretary finds that 2 sufficient supplies of crud e oil are not available in 3 th e open mark et to refineries that do not have th eir 4 own source of supply for crud e oil, th e Secretar y 5 may grant preference to such refineries in th e sale 6 of any royalty oiJ accruin g or reserved to th e Unit ed 7 Stat es und er F ederal oil and gas leases issued und er 8 any mineral leasing law, for processing or use in 9 such refineries at privat e sale at not less than th e 10 mark et pr ice. 11 (2) PROR A'rIO N AMONG REFI NERIE S IN PR0- 12 D UC'l'IO N 13 section , th e Secretar y of En ergy may, at the discre- 14 tion of th e Secretar y, prorat e th e oiJ among refin- 15 eries described iJ1 para graph (1) in th e ar ea in which 16 th e oil is produ ced. 17 (i) DI SPOSI'l'ION 'l'O FEDEHAL A GE NCIES.- 18 ARIEA.-ln disposing of oil und er thi s sub- (1) ONSII0RE R0YALTY. - A.ny royalty oil 01' gas 19 tak en by th e Secretar y in-kind from onshore oil and 20 gas leases may be sold at not less than th e mark et 21 pri ce to any F ederal agency. (2) 22 Ol <'li'SH0RE ROYAUJ'Y.- A n y royalty oil or 23 gas tak en in-kind from a F edera l oiJ or gas lease on 24 th e outer Continental Shelf may be disposed of only oHR 6 EH AMERICA!\ pVERSIGHT 875 CEQ050FY18091_000000439 CEQ-18-0173-C-000913 874 1 und er section 27 of the Out er Continental Shelf 2 Land s Act (43 U.S.C. 1353). 3 (j ) FEDERAL Low-I NCOME E NERGY ASSISTAl"TCE 4 PR0 GRAlVIS .5 (1) PREFERENCE.-I n disposing of royalty oil 6 or gas tak en in -kind tmder thi s section , th e Sec- 7 retar y n1ay grant a pr eference to any person, inc]ud- 8 ing any F edera l or State agency, for th e purpo se of 9 providing additiona l resour ces to any F edera l lovv-in- 10 come energy assistan ce program . 11 (2) REPORT.- Not lat er than 3 year s aft er the 12 dat e of enactm ent of th is Act , th e Secretary sha11 13 tran smit a report to Congress, assess ing th e effec- 14 tiveness of gTanti ng pr efer ences specified in para- 15 graph (1) and providin g a specific recommendation 16 on th e continuation 17 erences. 18 SEC. 2003. MARGINAL PROPERTY PRODUCTION 19 20 of authorit y to grant pref- INCEN- TIVES. (a) DEFINITION OF 1\/Lui GINAL PR0PERTY.- Unt il 21 su ch time as the Secretar y issues regulatio ns und er sub22 section (e) th at prescribe a different definition , in thi s sec23 tion the t erm " margina l prop erty" means an onshor e uni t, 24 communiti zati on agreement , or lease not '"rithin a unit or 25 communitiz ation agTeement , that produces on average the oHR 6 EH AMERICA!\ pVERSIGHT 876 CEQ050FY18091_000000439 CEQ-18-0173-C-000914 874 1 und er section 27 of the Out er Continental Shelf 2 Land s Act (43 U.S.C. 1353). 3 (j ) FEDERAL Low-I NCOME E NERGY ASSISTAl"TCE 4 PR0 GRAlVIS .5 (1) PREFERENCE.-I n disposing of royalty oil 6 or gas tak en in -kind tmder thi s section , th e Sec- 7 retar y n1ay grant a pr eference to any person, inc]ud- 8 ing any F edera l or State agency, for th e purpo se of 9 providing additiona l resour ces to any F edera l lovv-in- 10 come energy assistan ce program . 11 (2) REPORT.- Not lat er than 3 year s aft er the 12 dat e of enactm ent of th is Act , th e Secretary sha11 13 tran smit a report to Congress, assess ing th e effec- 14 tiveness of gTanti ng pr efer ences specified in para- 15 graph (1) and providin g a specific recommendation 16 on th e continuation 17 erences. 18 SEC. 2003. MARGINAL PROPERTY PRODUCTION 19 20 of authorit y to grant pref- INCEN- TIVES. (a) DEFINITION OF 1\/Lui GINAL PR0PERTY.- Unt il 21 su ch time as the Secretar y issues regulatio ns und er sub22 section (e) th at prescribe a different definition , in thi s sec23 tion the t erm " margina l prop erty" means an onshor e uni t, 24 communiti zati on agreement , or lease not '"rithin a unit or 25 communitiz ation agTeement , that produces on average the oHR 6 EH AMERICA!\ pVERSIGHT 876 CEQ050FY18091_000000439 CEQ-18-0173-C-000914 875 1 combined equivalent of Jess than 15 bar-rels of oil per well 2 per day or 90 mj]lion British th ermal unit s of gas per ?well 3 per day calculate d ba sed on the average over the 3 most 4 recent production months, including only wells that 5 produc e on more than half of the days during those 3 pro- 6 cluction month s. 7 (b) CONDl'rlONS 8 RA'rE.-UntiJ F'OR RED UCTIO N 01" ROY \ I ,TY such tim e as the Secretary issues regu]a- 9 tion s w1der subs ection (c) that prescribe diffe1?ent thrcsh10 olds or standm?d s, the Secretary shall redu ce th e royalty 11 rat e on12 (1) oil producfaon from mar gin al prop erti es as 13 prescrib ed in sub section (c) ?when th e spot pric e of 14 vVest Texas Int ermediate crud e oil at Cushing, Okla- 15 homa , js, 16 consecutiv e trading clays; and 011 average, less than $15 per barr el for 90 17 (2) gas production from marginal properti es as 18 pr escribed in subsection (c) ?when the spot price of 19 natural gas delive1?ed at H enry Hub , Louisiana , is, 20 on average, less than $2.00 per million Briti sh th er- 21 mal unit s for 90 consecutiv e tradin g clays . 22 (c) RED UCED ROYAlfl 'Y RA'l'K- 23 (1) IN GEN8RAL.-"\i\ Then a mar ginal prop ert y 24 meets the condition s specified in subsection (b), the 25 royalty r ate sha ll be the lesser of- oHR 6 EH AMERICA!\ pVERSIGHT 877 CEQ050FY18091 _000000439 CEQ-18-0173-C-000915 875 1 combined equivalent of Jess than 15 bar-rels of oil per well 2 per day or 90 mj]lion British th ermal unit s of gas per ?well 3 per day calculate d ba sed on the average over the 3 most 4 recent production months, including only wells that 5 produc e on more than half of the days during those 3 pro- 6 cluction month s. 7 (b) CONDl'rlONS 8 RA'rE.-UntiJ F'OR RED UCTIO N 01" ROY \ I ,TY such tim e as the Secretary issues regu]a- 9 tion s w1der subs ection (c) that prescribe diffe1?ent thrcsh10 olds or standm?d s, the Secretary shall redu ce th e royalty 11 rat e on12 (1) oil producfaon from mar gin al prop erti es as 13 prescrib ed in sub section (c) ?when th e spot pric e of 14 vVest Texas Int ermediate crud e oil at Cushing, Okla- 15 homa , js, 16 consecutiv e trading clays; and 011 average, less than $15 per barr el for 90 17 (2) gas production from marginal properti es as 18 pr escribed in subsection (c) ?when the spot price of 19 natural gas delive1?ed at H enry Hub , Louisiana , is, 20 on average, less than $2.00 per million Briti sh th er- 21 mal unit s for 90 consecutiv e tradin g clays . 22 (c) RED UCED ROYAlfl 'Y RA'l'K- 23 (1) IN GEN8RAL.-"\i\ Then a mar ginal prop ert y 24 meets the condition s specified in subsection (b), the 25 royalty r ate sha ll be the lesser of- oHR 6 EH AMERICA!\ pVERSIGHT 877 CEQ050FY18091 _000000439 CEQ-18-0173-C-000915 876 1 (A) 5 percent; or 2 (B) th e applicable rat e und er any other 3 statutor y or regulator y royalty 1?elief provision 4 tha t applies to th e affected prod uction. 5 (2) PERIOD OF EFFEC'l'IVENESS.- Th e redu ced 6 royaJty rat e und er thi s sub section shall be effective 7 beginnin g on the first day of th e produ ction month 8 following th e dat e on which the applicable condit ion 9 specified in sub sect ion (b) is met. 10 (cl) TERl\UNATI0N 01<' REDUCED ROYALTYRATE.- 11 A royalty rat e prescribed in sub section (d)(l )(A) shall 12 tcrrninat e13 ( 1) with respect to oil produ ction from a mar- 14 ginaJ prop erty, on the first clay of the pr oduction 15 month fo11owin g th e dat e on wfoch- 16 (A) th e spot pri ce of vVest 'r exas Int er- 17 mediate crude oil at Cu shing, Olda.homa, on av- 18 crag c, exceeds $15 per barr el for 90 consecutive 19 tradin g days; or 20 (B) th e prop erty no longer qualifies as a 21 mar ginal pr opert y; and 22 (2) with respect to gas produ ction from a mar- 23 ginal propert y, on the first day of the produ ction 24 month follo-wingthe date on which- oHR 6 EH AMERICA!\ pVERSIGHT 878 CEQ050FY18091_000000 439 CEQ-18-0173-C-000916 876 1 (A) 5 percent; or 2 (B) th e applicable rat e und er any other 3 statutor y or regulator y royalty 1?elief provision 4 tha t applies to th e affected prod uction. 5 (2) PERIOD OF EFFEC'l'IVENESS.- Th e redu ced 6 royaJty rat e und er thi s sub section shall be effective 7 beginnin g on the first day of th e produ ction month 8 following th e dat e on which the applicable condit ion 9 specified in sub sect ion (b) is met. 10 (cl) TERl\UNATI0N 01<' REDUCED ROYALTYRATE.- 11 A royalty rat e prescribed in sub section (d)(l )(A) shall 12 tcrrninat e13 ( 1) with respect to oil produ ction from a mar- 14 ginaJ prop erty, on the first clay of the pr oduction 15 month fo11owin g th e dat e on wfoch- 16 (A) th e spot pri ce of vVest 'r exas Int er- 17 mediate crude oil at Cu shing, Olda.homa, on av- 18 crag c, exceeds $15 per barr el for 90 consecutive 19 tradin g days; or 20 (B) th e prop erty no longer qualifies as a 21 mar ginal pr opert y; and 22 (2) with respect to gas produ ction from a mar- 23 ginal propert y, on the first day of the produ ction 24 month follo-wingthe date on which- oHR 6 EH AMERICA!\ pVERSIGHT 878 CEQ050FY18091_000000 439 CEQ-18-0173-C-000916 877 1 (A) the spot pr ice of nat ur al gas delivered 2 at H enry Hub , Louisiana , on avera ge, exceeds 3 $2.00 per million Briti sh th ermal unit s for 90 4 consecutive tra ding days; or 5 (B ) th e prop erty no longer qualifies as a 6 7 8 n1argina l prop erty. (e) REG UI.JA'r IONS PH,ESCRIBl rG D11.i1,'ERE N'l' Rrn- J,IEF.- 9 (1) D ISCRET IONARY REGULATIONS .- T h e S ec- 10 retar y may by regulat ion prescribe different para m- 11 eters, standard s, and requir ement s for , and a dif- 12 ferent degTee or e::\. 1-ent of, r oyalty relief for mar gina l 13 propert ies in lieu of those prescrib ed in subsections 14 (a) throu gh (d). (2) 15 lYL \J'\TJ )A'J'OHY REGULJ\'l'JONS.-Not later 16 than 18 month s aft er th e dat e of enactment of this 17 Act , t he Secretary shall by reguJation- 18 (A) prescrib e standa rds and requirements 19 for , and the extent of royalty relief for , mar- 20 ginal pr op erties for oil and gas leases on the 21 out er Continenta l Shelf; and 22 (B) define v1rhat constitut es a marginal 23 prop erty on the outer Contin ent al Shelf for pu r- 24 poses of thi s section . oHR 6 EH AMERICA!\ pVERSIGHT 879 CEQ050FY18091_000000439 CEQ-18-0173-C-000917 877 1 (A) the spot pr ice of nat ur al gas delivered 2 at H enry Hub , Louisiana , on avera ge, exceeds 3 $2.00 per million Briti sh th ermal unit s for 90 4 consecutive tra ding days; or (B ) th e prop erty no longer qualifies as a 5 6 7 8 n1argina l prop erty. (e) REG UI.JA'r IONS PH,ESCRIBl rG D11.i1,'ERE N'l' Rrn- J,IEF.- 9 (1) D ISCRET IONARY REGULATIONS .- T h e S ec- 10 retar y may by regulat ion prescribe different para m- 11 eters, standard s, and requir ement s for , and a dif- 12 ferent degTee or e::\. 1-ent of, r oyalty relief for mar gina l 13 propert ies in lieu of those prescrib ed in subsections 14 (a) throu gh (d). (2) 15 lYL \J'\TJ )A'J'OHY REGULJ\'l'JONS.-Not later 16 than 18 month s aft er th e dat e of enactment of this 17 Act , t he Secretary shall by reguJation- 18 (A) prescrib e standa rds and requirements 19 for , and the extent of royalty relief for , mar- 20 ginal pr op erties for oil and gas leases on the 21 out er Continenta l Shelf; and 22 (B) define v1rhat constitut es a marginal 23 prop erty on the outer Contin ent al Shelf for pu r- 24 poses of thi s section . oHR 6 EH AMERICA!\ pVERSIGHT 879 CEQ050FY18091_000000439 CEQ-18-0173-C-000917 878 1 (3) CONSIDERATIONS.-ln promu.lgating r egu- 2 lation s und er this subsection, the Secretary may 3 consider- 4 (A) oil and gas pri ces and market trends ; 5 (B) produ ction costs; 6 (C) abandonn_1 ent costs; 7 (D) Federal and State tax prmrisions and 8 the effects of those provisions on production ec- 9 ononucs; 10 (E) other royalty relief programs; 11 (F) regional differences in average well- 12 head prices; 13 (G) national energy security issues; and 14 (H) other relevant matt ers . 15 (f) SAVINGSPROVJSION .-Noth ing in thi s section 16 prevent s a lessee from receiving royalty relief or a royalty 17 reduction pursuant to any other law (including a regula18 tion) t hat provides more relief than th e amount s provided 19 by this section. 20 SEC. 2004. INCENTIVES FOR NATURAL GAS PROD UCTION 21 FROM DE EP WELLS IN THE SHALLOW WA- 22 TERS OF THE GULF OF MEXICO. 23 (a) ROYA L'l'Y l NCENTlVE REG U I1A'i'IO NS FO i-<-UUI'RA 24 DEEP GAS WELL S .- oHR 6 EH AMERICA!\ pVERSIGHT 880 CEQ050 FY18091_000000439 CEQ-18-0173-C-000918 878 1 (3) CONSIDERATIONS.-ln promu.lgating r egu- 2 lation s und er this subsection, the Secretary may 3 consider- 4 (A) oil and gas pri ces and market trends ; 5 (B) produ ction costs; 6 (C) abandonn_1 ent costs; 7 (D) Federal and State tax prmrisions and 8 the effects of those provisions on production ec- 9 ononucs; 10 (E) other royalty relief programs; 11 (F) regional differences in average well- 12 head prices; 13 (G) national energy security issues; and 14 (H) other relevant matt ers . 15 (f) SAVINGSPROVJSION .-Noth ing in thi s section 16 prevent s a lessee from receiving royalty relief or a royalty 17 reduction pursuant to any other law (including a regula18 tion) t hat provides more relief than th e amount s provided 19 by this section. 20 SEC. 2004. INCENTIVES FOR NATURAL GAS PROD UCTION 21 FROM DE EP WELLS IN THE SHALLOW WA- 22 TERS OF THE GULF OF MEXICO. 23 (a) ROYA L'l'Y l NCENTlVE REG U I1A'i'IO NS FO i-<-UUI'RA 24 DEEP GAS WELL S .- oHR 6 EH AMERICA!\ pVERSIGHT 880 CEQ050 FY18091_000000439 CEQ-18-0173-C-000918 879 1 (]) IN GENEHJ\L.-N ot lat er than 180 days 2 aft er th e dat e of ena ctm ent of thi s Act , in addition 3 to any other reg11lations that may pr ovide royalty in- 4 centivcs for natural gas produ ced from deep wells on 5 oil and gas leases issued pur suant to th e Out er Con- 6 tiJ1ental Shelf Land s Act (43 U.S. C. 1331 et seq.), 7 th e Secr etar y shall issue regulations grantin g royalty 8 relief 9 35,000 ,000 ,000 cubic feet with respect to th e pro- 10 duction of natural gas from ultra deep wells on 11 leases issued in shallow ?water s less than 400 meters 12 deep locat ed in th e Gulf of :Mexico wholly west of 87 13 degr ees, 30 minut es west longitud e. Regulati ons 14 issu ed m1cler? thi s sub section shall be retroa ctive to 15 th e ela te th at th e noti ce of pr oposed rul emakin g is 16 publi shed in th e F ederal Regi ster. 17 (2) su spens10n volumes of not DEFI NI'l'TON 0 1" UL'l'H .A DEEP less than \VELJ1.-l11 18 thi s sub section, th e term "ultra deep ,,veil" mean s a 19 well drill ed ?with a perfora te d int erval, the top of 20 which is at least 20 ,000 feet tru e verti cal depth 21 below the datum at mean sea level. 22 (b) ROY.AJ/ J'Y l NCE N'I'lVE REGULATIONS F'OH DEEP 23 GAS v\TBLI 1S.- Not lat er than 180 days aft er th e date of 24 enactment of thi s Act , in addition to any other regulati ons 25 th at may pr ovide royalty incentives for natural gas pr o- oHR 6 EH AMERICA!\ pVERSIGHT 881 CEQ050FY18091 _000000439 CEQ-18-0173-C-000919 879 1 (]) IN GENEHJ\L.-N ot lat er than 180 days 2 aft er th e dat e of ena ctm ent of thi s Act , in addition 3 to any other reg11lations that may pr ovide royalty in- 4 centivcs for natural gas produ ced from deep wells on 5 oil and gas leases issued pur suant to th e Out er Con- 6 tiJ1ental Shelf Land s Act (43 U.S. C. 1331 et seq.), 7 th e Secr etar y shall issue regulations grantin g royalty 8 relief 9 35,000 ,000 ,000 cubic feet with respect to th e pro- 10 duction of natural gas from ultra deep wells on 11 leases issued in shallow ?water s less than 400 meters 12 deep locat ed in th e Gulf of :Mexico wholly west of 87 13 degr ees, 30 minut es west longitud e. Regulati ons 14 issu ed m1cler? thi s sub section shall be r etroa ctive to 15 th e ela te th at th e noti ce of pr oposed rul emakin g is 16 publi shed in th e F ederal Regi ster. 17 (2) su spens10n volumes of not DEFI NI'l'TON 0 1" UL'l'H .A DEEP less than \VELJ1.-l11 18 thi s sub section, th e term "ultra deep ,,veil" mean s a 19 well drill ed ?with a perfora te d int erval, the top of 20 which is at least 20 ,000 feet tru e verti cal depth 21 below the datum at mean sea level. 22 (b) ROY.AJ/ J'Y l NCE N'I'lVE REGULATIONS F'OH DEEP 23 GAS v\TBLI 1S.- Not lat er than 180 days aft er th e date of 24 enactment of thi s Act , in addition to any other regulati ons 25 th at may pr ovide royalty incentives for natural gas pr o- oHR 6 EH AMERICA!\ pVERSIGHT 881 CEQ050FY18091 _000000439 CEQ-18-0173-C-000919 880 1 duced from deep wells on oiJ and gas leases issu ed pur su- 2 ant to th e Out er Continenta l Shelf Land s Act (43 U.S.C. 3 1331 ct seq.), th e Secretar y shall issue regulation s grant4 ing royalty relief suspension volum es with respect to the 5 produ ction of natural gas from deep wells on lea ses issued 6 in wat ers more than 200 meters but less than 400 meters 7 deep locat ed in th e Gulf of Mexico v,1holly v.rest of 87 de8 gTees, 30 minut es west longitud e. Th e su spension volu mes 9 for deep wells vvithin 200 to 400 meter s of wat er depth 10 shall be calculat ed using the same methodology used to 11 calculat e th e suspen sion volumes for deep wells in the 12 shallower wat ers of th e Gt1lf of lVIexico, and in no case 13 shall the su spension volumes for deep wells v,rithin 200 to 14 400 meters of wat er depth be lower than those for deep 15 wells in shallower wat ers. Regulation s issued und er thi s 16 sub section shall be ret roactive to th e dat e that th e notice 17 of proposed rulcrnaking is publi shed in th e F edera l Reg18 ister. 19 (c) LIMI'l'ATION.- 'rh c Secretar y may place lirnita- 20 tions on th e su spension of royalty relief gTant cd based on 21 mark et price. 22 SEC. 2005. ROYALTY RELIEF FOR DEEP WATER PRODUC23 24 TION. (a) IN GENERAL.- For all tra cts locat ed in wat er 25 depth s of greater than 400 meters in the vVcst crn and oHR 6 EH AMERICA!\ pVERSIGHT 882 CEQ050FY18091 _000000439 CEQ-18-0173-C-000920 880 1 duced from deep wells on oiJ and gas leases issu ed pur su- 2 ant to th e Out er Continenta l Shelf Land s Act (43 U.S.C. 3 1331 ct seq.), th e Secretar y shall issue regulation s grant4 ing royalty relief suspension volum es with respect to the 5 produ ction of natural gas from deep wells on lea ses issued 6 in wat ers more than 200 meters but less than 400 meters 7 deep locat ed in th e Gulf of Mexico v,1holly v.rest of 87 de8 gTees, 30 minut es west longitud e. Th e su spension volu mes 9 for deep wells vvithin 200 to 400 meter s of wat er depth 10 shall be calculat ed using the same methodology used to 11 calculat e th e suspen sion volumes for deep wells in the 12 shallower wat ers of th e Gt1lf of lVIexico, and in no case 13 shall the su spension volumes for deep wells v,rithin 200 to 14 400 meters of wat er depth be lower than those for deep 15 wells in shallower wat ers. Regulation s issued und er thi s 16 sub section shall be ret roactive to th e dat e that th e notice 17 of proposed rulcrnaking is publi shed in th e F edera l Reg18 ister. 19 (c) LIMI'l'ATION.- 'rh c Secretar y may place lirnita- 20 tions on th e su spension of royalty relief gTant cd based on 21 mark et price. 22 SEC. 2005. ROYALTY RELIEF FOR DEEP WATER PRODUC23 24 TION. (a) IN GENERAL.- For all tra cts locat ed in wat er 25 depth s of greater than 400 meters in the vVcst crn and oHR 6 EH AMERICA!\ pVERSIGHT 882 CEQ050FY18091 _000000439 CEQ-18-0173-C-000920 881 1 Centr al Plannin g Area of th e Gulf of Mexico, including 2 the portion of the Eastern P lann ing Area of the Gulf of 3 Mexico encompassing whole lease blocks lying west of 87 4 degrees, 30 minut es Vvest longitud e, any oil or gas lease 5 sale und er t he Outer Continenta l Shelf Lands Act (43 6 U.S.C. 1331 et seq.) occurring withjn 5 years after the 7 dat e of enact ment of this Act shall use the bidding system 8 authorized in section 8(a)(l)(H) of th e Outer Continental 9 Shelf Land s Act (43 U .S.C. 1337(a)( l )(H)), except that 10 the su spension of royalti es shall be set at a volume of not 11 less than- 12 13 (1) 5,000,000 bar rels of oil equivalent for each lease in water depths of 400 to 800 meters; 14 15 (2) 9,00 0,000 barr els of oil equivalent for each lease in wate r depths of 800 to 1,600 meters; 16 (3) 12,000 ,000 barrels of oil equivalent for each 17 lease in water depths of 1,600 to 2,000 meters; and 18 (4) 16,000,000 barr els of oil equivalent for each 19 lease in wate r depths greater than 2,000 meters . 20 (b) LIMITATION.- The Secretary may place limita- 21 tion s 011 the suspension of royalty relief granted based on 22 nrnrket price. 23 SEC. 2006. AIASKA OFFSHORE ROYALTY SUSPENSION. 24 Section 8(a)(3)(B) of the Outer Continental Shelf 25 Lands Act (43 U.S.C. 1337(a )(3)( B )) is amended by in- oHR 6 EH AMERICA!\ pVERSIGHT 883 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000921 881 1 Centr al Plannin g Area of th e Gulf of Mexico, including 2 the portion of the Eastern P lann ing Area of the Gulf of 3 Mexico encompassing whole lease blocks lying west of 87 4 degrees, 30 minut es Vvest longitud e, any oil or gas lease 5 sale und er t he Outer Continenta l Shelf Lands Act (43 6 U.S.C. 1331 et seq.) occurring withjn 5 years after the 7 dat e of enact ment of this Act shall use the bidding system 8 authorized in section 8(a)(l)(H) of th e Outer Continental 9 Shelf Land s Act (43 U .S.C. 1337(a)( l )(H)), except that 10 the su spension of royalti es shall be set at a volume of not 11 less than- 12 13 (1) 5,000,000 bar rels of oil equivalent for each lease in water depths of 400 to 800 meters; 14 15 (2) 9,00 0,000 barr els of oil equivalent for each lease in wate r depths of 800 to 1,600 meters; 16 (3) 12,000 ,000 barrels of oil equivalent for each 17 lease in water depths of 1,600 to 2,000 meters; and 18 (4) 16,000,000 barr els of oil equivalent for each 19 lease in wate r depths greater than 2,000 meters . 20 (b) LIMITATION.- The Secretary may place limita- 21 tion s 011 the suspension of royalty relief granted based on 22 nrnrket price. 23 SEC. 2006. AIASKA OFFSHORE ROYALTY SUSPENSION. 24 Section 8(a)(3)(B) of the Outer Continental Shelf 25 Lands Act (43 U.S.C. 1337(a )(3)( B )) is amended by in- oHR 6 EH AMERICA!\ pVERSIGHT 883 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000921 882 1 serbn g "a nd in th e P lannin g Areas offshore AJaska " aft er 2 '' V\Test longitud e" . 3 SEC. 2007 . OIL AND GAS LEASING IN THE NATIONAL PETRO4 5 LEUM RESERVE IN ALASKA. (a) TRJ.\.NSFER OF AU'l'IIORI'l'Y.- 6 (1) REDESIGNA'L' TON.-rl'11 e Nava] P et roleum 7 Reserves Produ ction Act of 1976 (42 U .S .C. 6501 8 et seq.) is ame nded by redcsig11ating section 107 (42 9 U .S .C. 6507) as section 108. 10 (2) TRA.t '\fSFER.- rrhe matt er und er th e head ing 11 "EXPLORA'l' ION OF NATIONAL PETROLEUM RESERVE 12 IN 13 1\I IINERALS " of title I of Publi c Law 96-514 (42 14 U.S.C. 6508) is- AL1\SKA" und er the heading " ENERGY AND 15 (A) transferr ed to th e Nava l P et roleum 16 Reserves Produ ction Act of 1976 (42 U.S .C. 17 6501 et seq.) ; (B) designated as sect ion 107 of that Act; 18 19 and 20 (C) moved so as to app ear after section 21 22 106 of that Act (42 U .S.C. 6506 ) . (b) C Oi\tJ>]<}'l'ITlVE LEASING.- Section 107 of th e 23 Nava l P etroleum Reserves Produ ction Act of 1976 (as 24 amend ed by subsection (a) of thi s section ) is amend ed- oHR 6 EH AMERICA!\ pVERSIGHT 884 CEQ050 FY18091_000000439 CEQ-18-0173-C-000922 882 1 serbn g "a nd in th e P lannin g Areas offshore AJaska " aft er 2 '' V\Test longitud e" . 3 SEC. 2007 . OIL AND GAS LEASING IN THE NATIONAL PETRO4 5 LEUM RESERVE IN ALASKA. (a) TRJ.\.NSFER OF AU'l'IIORI'l'Y.- 6 (1) REDESIGNA'L' TON.-rl'11 e Nava] P et roleum 7 Reserves Produ ction Act of 1976 (42 U .S .C. 6501 8 et seq.) is ame nded by redcsig11ating section 107 (42 9 U .S .C. 6507) as section 108. 10 (2) TRA.t '\fSFER.- rrhe matt er und er th e head ing 11 "EXPLORA'l' ION OF NATIONAL PETROLEUM RESERVE 12 IN 13 1\I IINERALS " of title I of Publi c Law 96-514 (42 14 U.S.C. 6508) is- AL1\SKA" und er the heading " ENERGY AND 15 (A) transferr ed to th e Nava l P et roleum 16 Reserves Produ ction Act of 1976 (42 U.S .C. 17 6501 et seq.) ; (B) designated as sect ion 107 of that Act; 18 19 and 20 (C) moved so as to app ear after section 21 22 106 of that Act (42 U .S.C. 6506 ) . (b) C Oi\tJ>]<}'l'ITlVE LEASING.- Section 107 of th e 23 Nava l P etroleum Reserves Produ ction Act of 1976 (as 24 amend ed by subsection (a) of thi s section ) is amend ed- oHR 6 EH AMERICA!\ pVERSIGHT 884 CEQ050 FY18091_000000439 CEQ-18-0173-C-000922 883 1 (1) by strik ing th e heading and all that follows 2 throu gh "Provided, 'rhat (1) activities" and insert - 3 ing the following: 4 "SEC. 107. COMPETITIVE LEASING OF OIL AND GAS. 5 "(a) IN GENERAL.- Notwithstanding any other pro- 6 vision of law and pursua nt to regulation s issued by the 7 Secretary, th e Secretary shall condu ct an expeditiou s pro8 gTam of con1petiti ve leasing of oil and gas in the National 9 P etro leum Reser ve in Ala ska (referr ed to in this section 10 as the 'Reser ve'). 11 "(b) lVIITI GA'l'ION OF A.DVERSE EFFE CT S.- Act ivi- 12 ties" ? ' (2) by strik ing "Al aska (the Reserve); (2) the" 13 14 and in sertin g 15 ((Alaska. 16 u(c) LAND USE PLA1'\INI NG; BLM. ,"i\TlJJDER NESS 17 S'r UDY.-'Th e''; (3) by strikin g ((Reserve; (3) the" and insert ing 18 19 " Reserve. 20 "(cl) FIR ST LE ASE SALE .-r rh e"; (4) by st rikin g ((4332); (4) the" and inse1~tin g 21 22 '' 4321 et seq.). 23 "(e) ,iVITI-IDH,A\NAJ1S.-r fh e"; ( 5) by strikin g " her ein; ( 5) biddin g" and insert- 24 25 mg oHR 6 EH AMERICA!\ pVERSIGHT 885 CEQ050 FY18091_000000439 CEQ-18-0173-C-000923 883 1 (1) by strik ing th e heading and all that follows 2 throu gh "Provided, 'rhat (1) activities" and insert - 3 ing the following: 4 "SEC. 107. COMPETITIVE LEASING OF OIL AND GAS. 5 "(a) IN GENERAL.- Notwithstanding any other pro- 6 vision of law and pursua nt to regulation s issued by the 7 Secretary, th e Secretary shall condu ct an expeditiou s pro8 gTam of con1petiti ve leasing of oil and gas in the National 9 P etro leum Reser ve in Ala ska (referr ed to in this section 10 as the 'Reser ve'). 11 "(b) lVIITI GA'l'ION OF A.DVERSE EFFE CT S.- Act ivi- 12 ties" ? ' (2) by strik ing "Al aska (the Reserve); (2) the" 13 14 and in sertin g 15 ((Alaska. 16 u(c) LAND USE PLA1'\INI NG; BLM. ,"i\TlJJDER NESS 17 S'r UDY.-'Th e''; (3) by strikin g ((Reserve; (3) the" and insert ing 18 19 " Reserve. 20 "(cl) FIR ST LE ASE SALE .-r rh e"; (4) by st rikin g ((4332); (4) the" and inse1~tin g 21 22 '' 4321 et seq.). 23 "(e) ,iVITI-IDH,A\NAJ1S.-r fh e"; ( 5) by strikin g " her ein; ( 5) biddin g" and insert- 24 25 mg oHR 6 EH AMERICA!\ pVERSIGHT 885 CEQ050 FY18091_000000439 CEQ-18-0173-C-000923 884 1 "und er thi s section. 2 "(f) BIDDING SYS'l'EMS.-Bidding''; (6) by st riking "629); (6) lease" and inserting 3 4 "62 9). 5 "(g) GEOLOGICAL S TRUC'l'URES. -L ease"; (7) by strik_ ing "stru ctur es; (7) the" and insert - 6 7 mg 8 "str uctur es. 9 "( h) SIZE OF LE ASE TR AC'l'S.-Th 10 lI c"; (8) by strikin g "Secreta ry; (8)" and all that follm,vs thro ugh "Drillin g, production," and insert ing 12 ''Secre tar y. 13 ''( i) '!1J~Ri\ilS .- "(1) IN GI~NERA!J.-Each lease shall bc- 14 "(A .) issued for an init ial period of not 15 16 more than 10 years; and 17 "(B) renewed for successive IO-year terms if- 18 19 "( i) oil or gas is produ ced from the 20 lease in paying quantities; "( ii) oil or gas is capable of being pro- 21 22 l ,ORNJ'JO N L'-JCEN' l'IVES.- ' 1 (1) I N GENE RA L,.- 16 17 "(A) 18 TION.-To 19 cove1-y of oil or gas or in the interest of con- 20 servation, th e Secr etar y may waive, su spend , or 21 reduc e th e rentaJ fees or minimum r oyalty, or 22 r educe the roya lty on an entfr e leasehold (in- 23 eluding on any lease operated pur suant to a 24 unit agree ment ), if (aft er consu ltation with the 25 State of Alaska and the Nort h Slope Bor ough '\iVAI\TJ~R, SUSPE NSION, OR REDUC- encourage the grea test ultimat e re- oHR 6 EH AMERICA!\ pVERSIGHT 890 CEQ050FY18 091_000000439 CEQ-18-0173-C-000928 888 1 real var iatjon in r eservoir proclucibihty across diverse 2 leasehold inter ests. 3 4 "(5) B ENEFIT OF 0PERA'l'IONS.- Drillin g, pro duction,"; 5 (9) by str ikin g "vVhen separate" and insert ing 6 th e following: 7 " (6) 8 ( IO ) by insertin g "( in consultation 9 10 POOLING.-If separat e''; with th e ovvner s of th e other land) " aft er "dete rmin ed by th e Secr etar y of the Int eri or "; 11 (11) by striking "t hereto; (10) to" and all that 12 follows thr ough "t he term s pr ovided ther ein ." and 13 insertin g 14 " to the agr eement. 15 ' 1 (k) EXJ> l ,ORNJ'JO N L'-JCEN' l'IVES.- ' 1 (1) I N GENE RA L,.- 16 17 "(A) 18 TION.-To 19 cove1-y of oil or gas or in the interest of con- 20 servation, th e Secr etar y may waive, su spend , or 21 reduc e th e rentaJ fees or minimum r oyalty, or 22 r educe the roya lty on an entfr e leasehold (in- 23 eluding on any lease operated pur suant to a 24 unit agree ment ), if (aft er consu ltation with the 25 State of Alaska and the Nort h Slope Bor ough '\iVAI\TJ~R, SUSPE NSION, OR REDUC- encourage the grea test ultimat e re- oHR 6 EH AMERICA!\ pVERSIGHT 890 CEQ050FY18 091_000000439 CEQ-18-0173-C-000928 889 1 of Alaska and the concurr ence of an,y Regiona] 2 Corporation for leases that includ e land s avail- 3 able for acquisition by the Regional Co1?poration 4 und er the pro visions of sect ion 1431(0) of the 5 Ala ska Nationa l Int er est Land s Conservat ion 6 Act (16 U.S.C. 3101 et seq.)) th e Secretary de- 7 termin es that th e ,,vaiver, suspens ion, or red uc- 8 tion is in th e publi c int er est. 9 "( B) APPLICABILI'l'Y.-T hi s para graph ap- plies to a lease that - 10 11 " (i) is ent ered int o before, on , or aft er 12 th e dat e of ena ctni ent of th e Energy Policy 13 Act of 2005; and 14 "( ii) is effective on or aft er th e dat e of ena ct ment of th at Act."; 15 16 17 (J2) by strikin g "'rh e Secretary 1s authorized .ng: to" and insertin g the follm;\ri 18 19 "(2) SUS PENS ION OF OPERATIONS AND PRODUC'l'IO N .- 20 21 rfi1e Secr eta ry may''; (13) by str iking "In the event " and inserting th e following: 22 "(3) SUS PBNS 10N 01" PAYi\lU,i:N'I'S.-If 23 (14) by strikin g "t hereto; and (11) aJl" and in- 24 "; sertin 0o? 25 " to the lease . oHR 6 EH AMERICA!\ pVERSIGHT 891 CEQ050FY18091 _000000439 CEQ-18-0173-C-000929 889 1 of Alaska and the concurr ence of an,y Regiona] 2 Corporation for leases that includ e land s avail- 3 able for acquisition by the Regional Co1?poration 4 und er the pro visions of sect ion 1431(0) of the 5 Ala ska Nationa l Int er est Land s Conservat ion 6 Act (16 U.S.C. 3101 et seq.)) th e Secretary de- 7 termin es that th e ,,vaiver, suspens ion, or red uc- 8 tion is in th e publi c int er est. 9 "( B) APPLICABILI'l'Y.-T hi s para graph ap- plies to a lease that - 10 11 " (i) is ent ered int o before, on , or aft er 12 th e dat e of ena ctni ent of th e Energy Policy 13 Act of 2005; and 14 "( ii) is effective on or aft er th e dat e of ena ct ment of th at Act."; 15 16 17 (J2) by strikin g "'rh e Secretary 1s authorized to" and insertin g the follm;\ri .ng: 18 19 "(2) SUS PENS ION OF OPERATIONS AND PRODUC'l'IO N .- 20 21 rfi1e Secr eta ry may''; (13) by str iking "In the event " and inserting th e following: 22 "(3) SUS PBNS 10N 01" PAYi\lU,i:N'I'S.-If 23 (14) by strikin g "t hereto; and (11) aJl" and in- 24 "; sertin 0o? 25 " to the lease . oHR 6 EH AMERICA!\ pVERSIGHT 891 CEQ050FY18091 _000000439 CEQ-18-0173-C-000929 890 1 " (]) RE CBTP'l'S.-AJJ "; 2 3 (15) by redesignatin g clau ses (A), (B) , and (C) as clauses (1), (2), and (3), respectively; 4 (16) by strikin g "Any agency" and inserting 5 th e following: 6 "( m) Ext->L,OHJ\'1'10NS.- Any agency" ; 7 (17) by strikin g "Any action " and inserfang the 8 following: 9 "(n) E NVIRONl\ ill NTAL ll\IP ACT S'l'ATE ME N T S .- 10 " (1) J UDICIAL REVIEW.- Any action"; 11 (18) by striking wrh e detail ed" and insertin g 12 the follm.ving: 13 " (2) I NI'l'l i\ I,; LB.ASE 81U.JES .-rrh e detailed"; 14 (19) by st rikin g "of th e Naval P etr oleum Re- 15 serves Produ ction Act of 1976 (90 Stat. 304; 42 16 U.S.C. 6504)"; and (20) by adding at the end the following: 17 18 "( o ) VVAIVER OF Ao l\n NIS TR ATIO N F OR CONV EYE D 19 LA1"\T DS.- Not,:vith standin g secti on 14(g) of th e Alaska 20 Native Claims Set tlement Act (43 U.S.C. 161 3(g)) or any 21 oth er provision of lav,~22 " (1) the Secretar y of th e Int erior shall wa1Ve 23 administr at ion of any oil and gas lease insofar as 24 su ch lease covers any land in th e Na tional P etr o- 25 leum Reserve in Alaska in which the subsurface cs- oHR 6 EH AMERICA!\ pVERSIGHT 892 CEQ050FY18091 _000000439 CEQ-18-0173-C-000930 890 1 " (]) RE CBTP'l'S.-AJJ "; 2 3 (15) by redesignatin g clau ses (A), (B) , and (C) as clauses (1), (2), and (3), respectively; 4 (16) by strikin g "Any agency" and inserting 5 th e following: 6 "( m) Ext->L,OHJ\'1'10NS.- Any agency" ; 7 (17) by strikin g "Any action " and inserfang the 8 following: 9 "(n) E NVIRONl\ ill NTAL ll\IP ACT S'l'ATE ME N T S .- 10 " (1) J UDICIAL REVIEW.- Any action"; 11 (18) by striking wrh e detail ed" and insertin g 12 the follm.ving: 13 " (2) I NI'l'l i\ I,; LB.ASE 81U.JES .-rrh e detailed"; 14 (19) by st rikin g "of th e Naval P etr oleum Re- 15 serves Produ ction Act of 1976 (90 Stat. 304; 42 16 U.S.C. 6504)"; and (20) by adding at the end the following: 17 18 "( o ) VVAIVER OF Ao l\n NIS TR ATIO N F OR CONV EYE D 19 LA1"\T DS.- Not,:vith standin g secti on 14(g) of th e Alaska 20 Native Claims Set tlement Act (43 U.S.C. 161 3(g)) or any 21 oth er provision of lav,~22 " (1) the Secretar y of th e Int erior shall wa1Ve 23 administr at ion of any oil and gas lease insofar as 24 su ch lease covers any land in th e Na tional P etr o- 25 leum Reserve in Alaska in which the subsurface cs- oHR 6 EH AMERICA!\ pVERSIGHT 892 CEQ050FY18091 _000000439 CEQ-18-0173-C-000930 891 1 tat e is conveyed to th e Arctic Slope Regional Cor- 2 poration; and 3 "( 2) if any such conveyance of such sub surfa ce 4 esta te docs not cover all the land embra ced within 5 any such oil and gas lcasc- 6 "(A) th e per son who owns th e sub surfa ce 7 estat e in any parti cular portion of the land cov- 8 ered by such lease shall be entitl ed to all of th e 9 revenu es r eserved und er such lease as to such 10 ith out limitation , all the portion , including , -vv 11 royalty payable '",ith respect to oil 12 duced from or allocated to such particular por- 13 tion of th e land covered by su ch lease; and "(B) 14 01 ? gas pro- the Secretary of th e Int er ior shaJl 15 segregate such lease into 2 leases , 1 of which 16 shall cover only the subsurfa ce esta t e conveyed 17 to th e Arctic Slope Regional Corvor ation , and 18 operations, produ ction , or other circum st ances 19 (other than payment of rental s or royalti es) 20 that satisfy obligations of the lessee und er , or 21 maintain , eith er of th e segregated leases shall 22 likewise sati sfy obligations of th e lessee und er , 23 or maintain, th e other segr-egated lease to the 24 same extent as if such segregated leases re- oHR 6 EH AMERICA!\ pVERSIGHT 893 CEQ050FY18091 _000000439 CEQ-18-0173-C-000931 891 1 tat e is conveyed to th e Arctic Slope Regional Cor- 2 poration; and 3 "( 2) if any such conveyance of such sub surfa ce 4 esta te docs not cover all the land embra ced within 5 any such oil and gas lcasc- 6 "(A) th e per son who owns th e sub surfa ce 7 estat e in any parti cular portion of the land cov- 8 ered by such lease shall be entitl ed to all of th e 9 revenu es r eserved und er such lease as to such 10 portion , including , -vv ith out limitation , all the 11 royalty payable '",ith respect to oil 12 duced from or allocated to such particular por- 13 tion of th e land covered by su ch lease; and "(B) 14 01 ? gas pro- the Secretary of th e Int er ior shaJl 15 segregate such lease into 2 leases , 1 of which 16 shall cover only the subsurfa ce esta t e conveyed 17 to th e Arctic Slope Regional Corvor ation , and 18 operations, produ ction , or other circum st ances 19 (other than payment of rental s or royalti es) 20 that satisfy obligations of the lessee und er , or 21 maintain , eith er of th e segregated leases shall 22 likewise sati sfy obligations of th e lessee und er , 23 or maintain, th e other segr-egated lease to the 24 same extent as if such segregated leases re- oHR 6 EH AMERICA!\ pVERSIGHT 893 CEQ050FY18091 _000000439 CEQ-18-0173-C-000931 892 1 mainecl a part of the original unsegTegatecl 2 lease." . 3 SEC. 2008. ORPHANED , ABANDONED, OR IDLED WELLS ON 4 5 FEDERAL LAND. (a) IN GENERAL.- ~r he Secretar y, in cooperation 6 ,;i.rithth e Secretar y of AgricuJtw?e, shall establish a pr o- 7 gTam not later than l year aft er the elate of enactm ent 8 of thi s Act to remcdiat e, rec1aim, and close orphan ed, 9 abandon ed, or idled oil and gas wells located on land ad10 ministered by th e land mana gement agencies within the 11 Departm ent of the Int erior and th e Departm ent of Agri12 cultur e. 13 (b) AC'l'lVI'l'IES.-Th e program und er subsection (a) 14 shall- 15 (1) include a mean s of ranJcing orphan ed, aban - 16 cloned, or iclled wells sites for pri orit~, in remedi- 17 ation , rec]arnation, and closur e, ba sed on public 18 health and safety, potential e11vironn1 enta1 harm , 19 and ot11er land use pr iorities; 20 (2) provide for identification and recovery of 21 th e cost s of remediation , reclamation , and closur e 22 from persons or other enbti es currentl y providing a 23 bond or other financial assurance required und er 24 Stat e or F ederal law for an oil or gas well that is 25 orphan ed, aband oned, or idled; and oHR 6 EH AMERICA!\ pVERSIGHT 894 CEQ050FY18091_000000439 CEQ-18-0173-C-000932 892 1 mainecl a part of the original unsegTegatecl 2 lease." . 3 SEC. 2008. ORPHANED , ABANDONED, OR IDLED WELLS ON 4 5 FEDERAL LAND. (a) IN GENERAL.- ~r he Secretar y, in cooperation 6 ,;i.rithth e Secretar y of AgricuJtw?e, shall establish a pr o- 7 gTam not later than l year aft er the elate of enactm ent 8 of thi s Act to remcdiat e, rec1aim, and close orphan ed, 9 abandon ed, or idled oil and gas wells located on land ad10 ministered by th e land mana gement agencies within the 11 Departm ent of the Int erior and th e Departm ent of Agri12 cultur e. 13 (b) AC'l'lVI'l'IES.-Th e program und er subsection (a) 14 shall- 15 (1) include a mean s of ranJcing orphan ed, aban - 16 cloned, or iclled wells sites for pri orit~, in remedi- 17 ation , rec]arnation, and closur e, ba sed on public 18 health and safety, potential e11vironn1 enta1 harm , 19 and ot11er land use pr iorities; 20 (2) provide for identification and recovery of 21 th e cost s of remediation , reclamation , and closur e 22 from persons or other enbti es currentl y providing a 23 bond or other financial assurance required und er 24 Stat e or F ederal law for an oil or gas well that is 25 orphan ed, aband oned, or idled; and oHR 6 EH AMERICA!\ pVERSIGHT 894 CEQ050FY18091_000000439 CEQ-18-0173-C-000932 893 1 (3) prm~de for recovery from th e persons or en- 2 titi es identified und er para gTapb (2), or th eir sur e- 3 tics or guarantor s, of t he cost s of remediation , rcc- 4 lam at ion, and closure of such wells . 5 (c) COOPERATION A.1 "\.T D C0NSUL'rA'l'I0NS.-I n car- 6 rying out the pro gram und er subsection (a), th e Secreta ry 7 shall8 (1) work cooperatively with the Secretary of Ag- 9 ricultur e and the State s ?wit hin which F ederal land 10 is locat ed; and (2) consult with th e Secretary of Energ y and 11 12 th e Inter stat e OiJ and Gas Compact Commission. 13 (d) P1.1AN.- Not late r than 1 year aft er the date of 14 enactm ent of thi s Act, th e Secreta.ry, in cooperat ion with 15 the Secretary of AgricuJture, shall subn1it to Congress a 16 plan for carr ying out the pro gr am und er subsection (a) . 17 (e) lDLJ!JD \iVELTJ.-Fo r the purp oses of thi s section , 18 a wcU is idJcd if- 19 20 (1) th e well ha s been nonoperati onal for at least 7 yea rs; and 21 (2) there is no anticipated beneficial u se for the 22 well. 23 (f) T ECH NICAL AsSISrrANCB PROGRJ\i\I 1<'01{ N0N- 24 FEDERAL LAI\TD .- oHR 6 EH AMERICA!\ pVERSIGHT 895 CEQ050FY18091 _000000439 CEQ-18-0173-C-000933 893 1 (3) prm~de for recovery from th e persons or en- 2 titi es identified und er para gTapb (2), or th eir sur e- 3 tics or guarantor s, of t he cost s of remediation , rcc- 4 lam at ion, and closure of such wells . 5 (c) COOPERATION A.1 "\.T D C0NSUL'rA'l'I0NS.-I n car- 6 rying out the pro gram und er subsection (a), th e Secreta ry 7 shall8 (1) work cooperatively with the Secretary of Ag- 9 ricultur e and the State s ?wit hin which F ederal land 10 is locat ed; and (2) consult with th e Secretary of Energ y and 11 12 th e Inter stat e OiJ and Gas Compact Commission. 13 (d) P1.1AN.- Not late r than 1 year aft er the date of 14 enactm ent of thi s Act, th e Secreta.ry, in cooperat ion with 15 the Secretary of AgricuJture, shall subn1it to Congress a 16 plan for carr ying out the pro gr am und er subsection (a) . 17 (e) lDLJ!JD \iVELTJ.-Fo r the purp oses of thi s section , 18 a wcU is idJcd if- 19 20 (1) th e well ha s been nonoperati onal for at least 7 yea rs; and 21 (2) there is no anticipated beneficial u se for the 22 well. 23 (f) T ECH NICAL AsSISrrANCB PROGRJ\i\I 1<'01{ N0N- 24 FEDERAL LAI\TD .- oHR 6 EH AMERICA!\ pVERSIGHT 895 CEQ050FY18091 _000000439 CEQ-18-0173-C-000933 894 1 (1) I N GENERAI1.-Tb e Secretar y of En er gy 2 shalJ establi sh a pro gram to provide techni cal and fi- 3 nan cial assistan ce to oil and gas producin g Stat es to 4 facilitat e Stat e efforts over a 10-ycar period to cn- 5 sur e a pra ctical and economical r emedy for environ- 6 mental problems cau sed by orphan ed or abandon ed 7 oil and gas e:2 q)loration or production well sit es on 8 Stat e or pri vat e land. 9 (2) ABSISTANCE.-Th e Secr etar y of En ergy 10 shall work ?with th e Stat es, thro ugh th e Int erstat e 11 Oil and Gas Compact Commission, t o assist the 12 Stat es in quantifyin g and miti gatin g environm ental 13 risks of onshor e orphan ed or abandon ed oil or gas 14 wells on Stat e and privat e land. 15 16 (3) AC'l'lVl'l'IES.-rfl1 e pr ogram und er para - graph (1) shall include- 17 (A) mechani sms to facilit ate identification , 18 if feasible, of th e persons curr ent ly pr oviding a 19 bond or other form of finan cial assuran ce r e- 20 quir ed und er Stat e or F ederal lavv for an oil or 21 gas well th at is orph aned or abandon ed ; 22 (B) crit eria for rankin g orphan ed or aban- 23 cloned well sites b ased on factors su ch as public 24 health 25 harm , and oth er land use pr ioriti es; and safety, potentia l envir onmental oHR 6 EH AMERICA!\ pVERSIGHT 896 CEQ050FY18091_000000439 CEQ-18-0173-C-000934 894 1 (1) I N GENERAI1.-Tb e Secretar y of En ergy 2 shalJ establi sh a pro gram to provide techni cal and fi- 3 nan cial assistan ce to oil and gas producin g Stat es to 4 facilitat e Stat e efforts over a 10-ycar period to cn- 5 sur e a pra ctical and economical r emedy for environ- 6 mental problems cau sed by orphan ed or abandon ed 7 oil and gas e:2 q)loration or production well sit es on 8 Stat e or pri vat e land. 9 (2) ABSISTANCE.-Th e Secr etar y of En ergy 10 shall work ?with th e Stat es, thro ugh th e Int er stat e 11 Oil and Gas Compact Commission, t o assist the 12 Stat es in quantifyin g and miti gatin g environm ental 13 risks of onshor e orphan ed or abandon ed oil or gas 14 wells on Stat e and privat e land. 15 16 (3) AC'l'lVl'l'IES.-rfl1 e pr ogram und er para - graph (1) shall include- 17 (A) mechani sms to facilit ate identification , 18 if feasible, of th e persons curr ent ly pr oviding a 19 bond or other form of finan cial assuran ce r e- 20 quir ed und er Stat e or F ederal lavv for an oil or 21 gas well th at is orph aned or abandon ed ; 22 (B) crit eria for rankin g orphan ed or aban- 23 cloned well sites b ased on factors su ch as public 24 health 25 harm , and oth er land use pr ioriti es; and safety, potentia l envir onmental oHR 6 EH AMERICA!\ pVERSIGHT 896 CEQ050FY18091_000000439 CEQ-18-0173-C-000934 895 1 (C) informafaon and trainin g progTams on 2 best practi ces for remediation of different types 3 of sites; and (D) funding of State mitigation efforts on 4 5 6 7 a cost-shared basis. (g) vVELL FKDERA L R EI1V fBURSEIVII?N'l' l o'OR ORPH AN ED Rmc1,Al\1AnoN P11,orrPROGRAM .- 8 (1) REIMB URSElVfE NT P0R R1?1V?EDIATING, RE- 9 CLAIMING , A1'\ TD CLOSING \~'ELL S ON LAl'\TDSUBJEC T 10 TO A N EW LEASE.-T he Secretar y shaJl carry out a 11 pilot program und er which, in issuing a new oil and 12 gas lease on federa lly owned land on which 1 or 13 more orphaned wells are located, th e Secretary- 14 (A) may requir e, but not as a conditi on of 15 th e lease, that the lessee remediat e, reclaim, 16 and close in accordan ce ,vith standard s est ab- 17 lished by the Secretary, an orphaned wells on 18 th e land leased ; and 19 (B) shall develop a program to reimburse 20 a lessee, through a royalty credit against the 21 F ederal share of royalties owed or other means, 22 for th e reasonab le actual costs of remediatin g, 23 reclaiming, and closing the orph aned ?well pur- 24 suant to that requir ement. oHR 6 EH AMERICA!\ pVERSIGHT 897 CEQ050FY18091 _000000439 CEQ-18-0173-C-000935 895 1 (C) informafaon and trainin g progTams on 2 best practi ces for remediation of different types 3 of sites; and (D) funding of State mitigation efforts on 4 5 6 7 a cost-shared basis. (g) vVELL FKDERA L R EI1V fBURSEIVII?N'l' l o'OR ORPH AN ED Rmc1,Al\1AnoN P11,orrPROGRAM .- 8 (1) REIMB URSElVfE NT P0R R1?1V?EDIATING, RE- 9 CLAIMING , A1'\ TD CLOSING \~'ELL S ON LAl'\TDSUBJEC T 10 TO A N EW LEASE.-T he Secretar y shaJl carry out a 11 pilot program und er which, in issuing a new oil and 12 gas lease on federa lly owned land on which 1 or 13 more orphaned wells are located, th e Secretary- 14 (A) may requir e, but not as a conditi on of 15 th e lease, that the lessee remediat e, reclaim, 16 and close in accordan ce ,vith standard s est ab- 17 lished by the Secretary, an orphaned wells on 18 th e land leased ; and 19 (B) shall develop a program to reimburse 20 a lessee, through a royalty credit against the 21 F ederal share of royalties owed or other means, 22 for th e reasonab le actual costs of remediatin g, 23 reclaiming, and closing the orph aned ?well pur- 24 suant to that requir ement. oHR 6 EH AMERICA!\ pVERSIGHT 897 CEQ050FY18091 _000000439 CEQ-18-0173-C-000935 896 1 (2) R l~I1V IBU R8 EME N' l' F'OH. H,ECJ,J\I lVfl NG 2 PH ANED W13:LJ,S ON O'l'I-mR I, AND.- ln 3 this subsection, th e Secretar y- OR - carryin g out 4 (A) may aut horize any lessee und er an oil 5 and gas lease on federally owned lan d t o re- 6 claim 7 stand a.r ds- 111 8 accordance with th e Secretary's (i) an orphaned wen on unleased fed- 9 erally owned land; or 10 (ii) an orphaned ?well locat ed on an ex- 11 isting lease on federally owned land for the 12 reclamation of whi.ch th e lessee is not le- 13 gally responsible; and 14 (B ) shaJl develop a pr ogr am to provide re- 15 imbursement of 115 percent of th e reasonable 16 actual cost s of rernediat ing, r eclaiming, and 17 closing th e orphan ed well, through credits 18 against t he F ederal share of royalt ies or other 19 means . 20 (3 ) E FI<-,E CT OF REMEDI A'l'IO N, RE CLAlVIATI ON, 21 OH CI,OSU RE OF' WELL P URSUAN T TO AN APPRO VrnD 22 RE MBD lA'J'ION 23 (A) PLAN.DEF INITIO N 01o' RE l\IE DI A'l'TNG 24 PA.R'l'Y.- l n this para graph the term "r cmcdi- 25 at ing par ty" means a person who remediat es, oHR 6 EH AMERICA!\ pVERSIGHT 898 CEQ050FY18091_000000439 CEQ-18-0173-C-000936 896 1 (2) R l~I1V IBU R8 EME N' l' F'OH. H,ECJ,J\I lVfl NG 2 PH ANED W13:LJ,S ON O'l'I-mR I, AND.- ln 3 this subsection, th e Secretar y- OR - carryin g out 4 (A) may aut horize any lessee und er an oil 5 and gas lease on federally own ed lan d t o re- 6 claim 7 stand a.r ds- 111 8 accordance with th e Secretary's (i) an orphaned wen on unleased fed- 9 erally owned land; or 10 (ii) an orphaned ?well locat ed on an ex- 11 isting lease on federally owned land for the 12 reclamation of whi.ch th e lessee is not le- 13 gally responsible; and 14 (B ) shaJl develop a pr ogr am to provide re- 15 imbursement of 115 percent of th e reasonable 16 actual cost s of rernediat ing, r eclaiming, and 17 closing th e orphan ed well, through credits 18 against t he F ederal share of royalt ies or other 19 means . 20 (3 ) E FI<-,E CT OF REMEDI A'l'IO N, RE CLAlVIATI ON, 21 OH CI,OSU RE OF' WELL P URSUAN T TO AN APPRO VrnD 22 RE MBD lA'J'ION 23 (A) PLAN.DEF INITIO N 01o' RE l\IE DI A'l'TNG 24 PA.R'l'Y.- l n this para graph the term "r cmcdi- 25 at ing par ty" means a person who remediat es, oHR 6 EH AMERICA!\ pVERSIGHT 898 CEQ050FY18091_000000439 CEQ-18-0173-C-000936 897 1 reclaims, or closes an abandoned, orphaned, or 2 idled well pur suant to thi s subsection. (B) 3 GENERAL RULE. - A remecliating party 4 who remediates, reclaims, or closes an aban- 5 doned, orphaned, or idled well in accordance 6 with a detailed ,;1, rritt en ren1ediation plan ap- 7 proved by th e Secretary under this subsection , 8 shall be imm1mc from civil liability under Fed- 9 eral environmenta l lm,vs, for- 10 (i) pre-existing environmental condi- 11 tions at or associated with th e ?well, unless 12 the remediating party owns or operates, in 13 the pa st nwned or operated, or is relat ed to 14 a person that nwns or operates or in the 15 past owned or operated, the wel1 or the 16 land on which th e ?well is located; or 17 (ii) any remaining releases of pollut- 18 ants from the well during or after comple- 19 tion of the remediation , reclamation, or 20 closure of the well, unless the rcmediat ing 21 party cau ses increased pollution as a result 22 of activities that are not in accordance 23 ,1'riththe approved remediation plan. 24 (C) Lil\IITATIO NS.- Nothing in th is section 25 shall limit in any way the liability of a remedi- oHR 6 EH AMERICA!\ pVERSIGHT 899 CEQ050FY18091 _000000439 CEQ-18-0173-C-000937 897 1 reclaims, or closes an abandoned, orphaned, or 2 idled well pur suant to thi s subsection. (B) 3 GENERAL RULE. - A remecliating party 4 who remediates, reclaims, or closes an aban- 5 doned, orphaned, or idled well in accordance 6 with a detailed ,;1, rritt en ren1ediation plan ap- 7 proved by th e Secretary under this subsection , 8 shall be imm1mc from civil liability under Fed- 9 eral environmenta l lm,vs, for- 10 (i) pre-existing environmental condi- 11 tions at or associated with th e ?well, unless 12 the remediating party owns or operates, in 13 the pa st nwned or operated, or is relat ed to 14 a person that nwns or operates or in the 15 past owned or operated, the wel1 or the 16 land on which th e ?well is located; or 17 (ii) any remaining releases of pollut- 18 ants from the well during or after comple- 19 tion of the remediation , reclamation, or 20 closure of the well, unless the rcmediat ing 21 party causes increased pollution as a result 22 of activities that are not in accordance 23 ,1'riththe approved remediation plan. 24 (C) Lil\IITATIO NS.- Nothing in th is section 25 shall limit in any way the liability of a remedi- oHR 6 EH AMERICA!\ pVERSIGHT 899 CEQ050FY18091 _000000439 CEQ-18-0173-C-000937 898 1 atin g party for injur y, dama ge, or pollution re- 2 sultin g from th e remediating part y's acts or 3 omissions that ar c not in accordan ce with the 4 appro ved remediation plan , ar c rccldcss or ,,vill- 5 fu.1, constitut e gross negligence or ,vanton mis- 6 conduct , or arc un lEw.rfuL 7 (4) REGUI,A'l'IONS.-'l.1h e Secretar y may issue 8 such regulation s as are app ropriat e to carry out th is 9 subsection. 10 (h) .AUTIIOR IZA'l'ION OF APPROPRIATIO NS .- 11 (1) IN GENERAL.-T hcre arc authoriz ed to be 12 appropriat ed to carry out thi s sect ion $25,000 ,000 13 for each of fiscal yea.r s 2006 throu gh 2010. 14 (2) USE.-Of t he amount s auth orized und er 15 paragraph (1), $5,000,000 ar e auth orized for each 16 fiscal year for activ:ities under subsection (f). 17 18 SEC. 2009. COMBINE D HYDROCARBON LEASING. (a) SPECIAL PROVISIONS REG.tUlDING LEASING.- 19 Section 17(b)(2) of the :Mineral Leasing Act (30 U .S.C. 20 226(b)( 2)) is amended21 (1) by insertin g ('(A)" after '((2)"; and 22 (2) by adding at th e end th e following : 23 '((B) F or any ar ea th at cont a.ins any combination of 24 tar sand and oil or gas (or both ), th e Secretar y may issue 25 und er thi s Act , separa tel)r- oHR 6 EH AMERICA!\ pVERSIGHT 900 CEQ050FY18091_000000439 CEQ-18-0173-C-000938 898 1 atin g party for injur y, dama ge, or pollution re- 2 sultin g from th e remediating part y's acts or 3 omissions that ar c not in accordan ce with the 4 appro ved remediation plan , ar c rccldcss or ,,vill- 5 fu.1, constitut e gross negligence or ,vanton mis- 6 conduct , or arc un lEw.rfuL 7 (4) REGUI,A'l'IONS.-'l.1h e Secretar y may issue 8 such regulation s as are app ropriat e to carry out th is 9 subsection. 10 (h) .AUTIIOR IZA'l'ION OF APPROPRIATIO NS .- 11 (1) IN GENERAL.-T hcre arc authoriz ed to be 12 appropriat ed to carry out thi s sect ion $25,000 ,000 13 for each of fiscal yea.r s 2006 throu gh 2010. 14 (2) USE.-Of t he amount s auth orized und er 15 paragraph (1), $5,000,000 ar e auth orized for each 16 fiscal year for activ:ities under subsection (f). 17 18 SEC. 2009. COMBINE D HYDROCARBON LEASING. (a) SPECIAL PROVISIONS REG.tUlDING LEASING.- 19 Section 17(b)(2) of the :Mineral Leasing Act (30 U .S.C. 20 226(b)( 2)) is amended21 (1) by insertin g ('(A)" after '((2)"; and 22 (2) by adding at th e end th e following : 23 '((B) F or any ar ea th at cont a.ins any combination of 24 tar sand and oil or gas (or both ), th e Secretar y may issue 25 und er thi s Act , separa tel)r- oHR 6 EH AMERICA!\ pVERSIGHT 900 CEQ050FY18091_000000439 CEQ-18-0173-C-000938 899 1 2 " (i) a lease for e.>q:) loration for and extra ction of tar sand; and 3 " (ii) a lease for CA '!)lora tion for and development 4 of oil and gas. 5 " (C) A lease issued for tar sand shall be issued using 6 th e sam e biddin g pro cess , arn1ual renta l, and posting pe7 ri od as a lease issued for oil and gas, except that th e rnin8 imum acceptabl e bid r equfr ed for a lease issued for tar 9 sand sha ll be $2 per acr e. 10 " (D) Th e Secr etar y may waive, suspend, or alter any 11 r equi rement und er section 26 that a p ermitt ec und er a 12 permit authorizi ng pro spectin g for tar sand mu st exer cise 13 due diligence, to promot e any r esour ce covered by a com14 bincd hydro carbon lease." . 15 (b) CONF'ORMTNG A.M.E NDME N'f' .-S ection 16 17(b)(] )(B) of th e Mineral Leasing Act (30 U.S. C. 17 226(b)(l)(B)) is amend ed in th e second sent ence by in- 18 serting ", subj ect t o paragraph (2)(B )," aft er " Scc- 19 r ctar y" . 20 (c) REGULATIONS.-No t lat er than 45 days aft er the 21 dat e of enactm ent of thi s .Act , the Secretar y shall 1ssue 22 final regulation s to implement thi s section. oHR 6 EH AMERICA!\ pVERSIGHT 901 CEQ050FY18091_000000439 CEQ-18-0173-C-000939 899 1 2 " (i) a lease for e.>q:) loration for and extra ction of tar sand; and 3 " (ii) a lease for CA '!)lora tion for and development 4 of oil and gas. 5 " (C) A lease issued for tar sand shall be issued using 6 th e sam e biddin g pro cess , arn1ual renta l, and posting pe7 ri od as a lease issued for oil and gas, except that th e rnin8 imum acceptabl e bid r equfr ed for a lease issued for tar 9 sand sha ll be $2 per acr e. 10 " (D) Th e Secr etar y may waive, suspend, or alter any 11 r equi rement und er section 26 that a p ermitt ec und er a 12 permit authorizi ng pro spectin g for tar sand mu st exer cise 13 due diligence, to promot e any r esour ce covered by a com14 bincd hydro carbon lease." . 15 (b) CONF'ORMTNG A.M.E NDME N'f' .-S ection 16 17(b)(] )(B) of th e Mineral Leasing Act (30 U.S. C. 17 226(b)(l)(B)) is amend ed in th e second sent ence by in- 18 serting ", subj ect t o paragraph (2)(B )," aft er " Scc- 19 r ctar y" . 20 (c) REGULATIONS.-No t lat er than 45 days aft er the 21 dat e of enactm ent of thi s .Act , the Secretar y shall 1ssue 22 final regulation s to implement thi s section. oHR 6 EH AMERICA!\ pVERSIGHT 901 CEQ050FY18091_000000439 CEQ-18-0173-C-000939 900 1 SEC. 2010. ALTERNATE ENERGY-R ELATED US E S ON THE 2 3 OUTER CONTINENTAL SHELF . (a) AMENDl\IEN'l' TO OUTER CONTINEN'I'AL SHBJJl ;, 4 L ANDS AC'r.-S ection 8 of the Outer Cont inenta l Shelf 5 Land s Act (43 U.S.C. 1337) is amended by adding at the 6 end the following: 7 8 "(p) LE ASES, E ASEME N'l'S, OR RIGIIT S-OF-vVAY FOR E N ERGY AND RELA'J'E}D P URPOSE S.- 9 "( 1) IN GENERA J;.-T he Secreta ry, in consulta- 10 tion with th e Secretary of th e Departm ent in which 11 th e Coast Guard is operating and other relevant de- 12 partm cnt s and agencies of the F edera l Government , 13 may grant a lease, casement , or right-of-way on th e 14 outer Contin ental Shelf for activities not otherwise 15 authorized in this Act , the Deepwater Port Act of 16 1974 (33 U.S.C. 1501 ct seq.), the Ocean rrhcrmal 17 En ergy Conversion Act of 1980 (42 U.S .C. 9101 et 18 seq.), or other applicable lavv, if those activities- 19 "(A) support e>qJloration, development , 20 produ ction, tran sportati on, or stora ge of oil, 21 natural gas, or oth er minera ls; 22 "( B) produce or support produ ction, tran s- 23 portatio n, or tran smission of energy from 24 sourc es other than oil and gas; or oHR 6 EH AMERICA!\ pVERSIGHT 902 CEQ050 FY18091_000000439 CEQ-18-0173-C-000940 900 1 SEC. 2010. ALTERNATE ENERGY-R ELATED US E S ON THE 2 3 OUTER CONTINENTAL SHELF . (a) AMENDl\IEN'l' TO OUTER CONTINEN'I'AL SHBJJl ;, 4 L ANDS AC'r.-S ection 8 of the Outer Cont inenta l Shelf 5 Land s Act (43 U.S.C. 1337) is amended by adding at the 6 end the following: 7 8 "(p) LE ASES, E ASEME N'l'S, OR RIGIIT S-OF-vVAY FOR E N ERGY AND RELA'J'E}D P URPOSE S.- 9 "( 1) IN GENERA J;.-T he Secreta ry, in consulta- 10 tion with th e Secretary of th e Departm ent in which 11 th e Coast Guard is operating and other relevant de- 12 partm cnt s and agencies of the F edera l Government , 13 may grant a lease, casement , or right-of-way on th e 14 outer Contin ental Shelf for activities not otherwise 15 authorized in this Act , the Deepwater Port Act of 16 1974 (33 U.S.C. 1501 ct seq.), the Ocean rrhcrmal 17 En ergy Conversion Act of 1980 (42 U.S .C. 9101 et 18 seq.), or other applicable lavv, if those activities- 19 "(A) support e>qJloration, development , 20 produ ction, tran sportati on, or stora ge of oil, 21 natural gas, or oth er minera ls; 22 "( B) produce or support produ ction, tran s- 23 portatio n , or tran smission of energy from 24 sourc es other than oil and gas; or oHR 6 EH AMERICA!\ pVERSIGHT 902 CEQ050 FY18091_000000439 CEQ-18-0173-C-000940 901 1 ''(C) u se, for energy-relat ed or marme-re- 2 lat ed purpo ses, facilit ies curr ent ly or pr eviously 3 used for activities au thorizcd tmdcr this Act . 4 " (2) P..A.Y l\iIBN TS.- The Secretary shall establish 5 reasonable forms of payment s for any casement or 6 right-of -vvay gTanted und er thj s subsecti011. Such 7 payment s shall not be assessed on th e ba sis of 8 throu ghput or produ ction. The Secretary may est ab- 9 lish fees, rental s, bonus, or other payments by rule 10 or by agreement with th e part y to which th e lease, 11 casement , or right- of-way is granted. If a lease, 12 casement , right-of -way, license, or permit tm.der th is 13 subsection covers a specific tra ct of, or regards a fa- 14 cility located on, the outer Continental Shelf and is 15 not an easement or right -of-way for transniiss ion or 16 tran sportation of energy, minera ls, or oth er natural 17 resources, the Secretary shall pay 50 percent of any 18 amount received from the holder of th e lease, casc- 19 mcnt , right-of-v1ray, license, or permit to th e State 20 off th e shore of which th e geographic cent er of the 21 area covered by th e lease, easement , right -of-way, li- 22 cense, permit , or facility is located, in accordan ce 23 with l17ederal Jaw deter mining th e seaward lat eral 24 boundari es of th e coasta l St ates. oHR 6 EH AMERICA!\ pVERSIGHT 903 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000941 901 1 ''(C) u se, for energy-relat ed or marme-re- 2 lat ed purpo ses, facilit ies curr ent ly or pr eviously 3 used for activities au thorizcd tmdcr this Act . 4 " (2) P..A.Y l\iIBN TS.- The Secretary shall establish 5 reasonable forms of payment s for any casement or 6 right-of -vvay gTanted und er thj s subsecti011. Such 7 payment s shall not be assessed on th e ba sis of 8 throu ghput or produ ction. The Secretary may est ab- 9 lish fees, rental s, bonus, or other payments by rule 10 or by agreement with th e part y to which th e lease, 11 casement , or right- of-way is granted. If a lease, 12 casement , right-of -way, license, or permit tm.der th is 13 subsection covers a specific tra ct of, or regards a fa- 14 cility located on, the outer Continental Shelf and is 15 not an easement or right -of-way for transniiss ion or 16 tran sportation of energy, minera ls, or oth er natural 17 resources, the Secretary shall pay 50 percent of any 18 amount received from the holder of th e lease, casc- 19 mcnt , right-of-v1ray, license, or permit to th e State 20 off th e shore of which th e geographic cent er of the 21 area covered by th e lease, easement , right -of-way, li- 22 cense, permit , or facility is located, in accordan ce 23 with l17ederal Jaw deter mining th e seaward lat eral 24 boundari es of th e coasta l St ates. oHR 6 EH AMERICA!\ pVERSIGHT 903 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000941 902 1 "(3) CONSULTATION .-Before exerc1srng au - 2 thor:ity und er thi s subsection, the Secretary shaJI 3 cousult with the Secreta ry of Defense and other ap- 4 propriatc agencies concernin g issues relat ed to na- 5 tional securit y and na vigat ional obstruction. 6 7 " (4) COl\IPE'l' J'l'l VE OR, NO NCOl\1[P E'l'l 'l'lVE BAS lS.- 8 "(A) IN GENJt HAL.-Th c Secreta ry may 9 issue a lease, casement , or right -of-way for en- 10 Cl'gy and related purposes as described in para - 11 grap h (1) on a competiti ve or noncompetiti ve 12 basis. 13 "(B) CONSIDEH.A'l'IONS.ln determinin g 14 whethe r a lease, ease ment , or right -of-way shall 15 be grant ed compet iti vely or noncornpetiti vely, 16 th e Secretar y shall conside r su ch factors as- 17 "( i) pr event ion of waste and conserva tion of natu r al resour ces; 18 19 "( ii) the economic viability of an en- 20 ergy project; 21 "( iii) protection of the environment; 22 "( iv) the nationa l int erest and na- 23 tional securit y; 24 '' ( v) human safety; oHR 6 EH AMERICA!\ pVERSIGHT 904 CEQ050FY18091 _000000439 CEQ-18-0173-C-000942 902 1 "(3) CONSULTATION .-Before exerc1srng au - 2 thor:ity und er thi s subsection, the Secretary shaJI 3 cousult with the Secreta ry of Defense and other ap- 4 propriatc agencies concernin g issues relat ed to na- 5 tional securit y and na vigat ional obstruction. 6 7 " (4) COl\IPE'l' J'l'l VE OR, NO NCOl\1[P E'l'l 'l'lVE BAS lS.- 8 "(A) IN GENJt HAL.-Th c Secreta ry may 9 issue a lease, casement , or right -of-way for en- 10 Cl'gy and related purposes as described in para - 11 grap h (1) on a competiti ve or noncompetiti ve 12 basis. 13 "(B) CONSIDEH.A'l'IONS.ln determinin g 14 whethe r a lease, ease ment , or right -of-way shall 15 be grant ed compet iti vely or noncornpetiti vely, 16 th e Secretar y shall conside r su ch factors as- 17 "( i) pr event ion of waste and conserva tion of natu r al resour ces; 18 19 "( ii) the economic viability of an en- 20 ergy project; 21 "( iii) protection of the environment; 22 "( iv) the nationa l int erest and na- 23 tional securit y; 24 '' ( v) human safety; oHR 6 EH AMERICA!\ pVERSIGHT 904 CEQ050FY18091 _000000439 CEQ-18-0173-C-000942 903 1 "(vi) prot ection of corr elahv e right s; 2 and 3 "( vii) potentia l return for the lease, 4 casement , or right -of-way. 5 ('(5) REGULATIONS.- Not later than 270 days 6 after th e dat e of ena ctm ent of th e Energy Policy Act 7 of 2005, th e Secretary, in consultat ion with the Sec- 8 retary of the Departm ent in which th e Coast Guard 9 is operating and other relevant agencies of th e F ed- 10 eral Government and affected Stat es, shall issue any 11 necessary regulation s t o ensur e safety, prot ection of 12 th e enviromncnt , prevention of waste, and conserva- 13 tion of th e natural resources of th e outer Conti- 14 nentaJ Shelf, prot ection of national security int er- 15 ests , and prot ection of corr elative right s in the outer 16 Continental Shelf. 17 "( 6) SJ~CURI'l'Y.-rrhe Secreta ry shall reqmr e 18 the holder of a lease, casement , or right-of -way 19 grant ed under thi s subse ction to furn ish a sur ety 20 bond or other form of securit y, as pr escribed by th e 21 Secretary, and to comply with such other requir e- 22 ment s as the Secretary considers necessary to pro - 23 tect th e int erest s of th e Unit ed States. 24 25 "( 7) EFFE CT OF SUBSECTION.- Nothing in th is subsection displaces, supersedes, limits, or modifies oHR 6 EH AMERICA!\ pVERSIGHT 905 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000943 903 1 "(vi) prot ection of corr elahv e right s; 2 and 3 "( vii) potentia l return for the lease, 4 casement , or right -of-way. 5 ('(5) REGULATIONS.- Not later than 270 days 6 after th e dat e of ena ctm ent of th e Energy Policy Act 7 of 2005, th e Secretary, in consultat ion with the Sec- 8 retary of the Departm ent in which th e Coast Guard 9 is operating and other relevant agencies of th e F ed- 10 eral Government and affected Stat es, shall issue any 11 necessary regulation s t o ensur e safety, prot ection of 12 th e enviromncnt , prevention of waste, and conserva- 13 tion of th e natural resources of th e outer Conti- 14 nentaJ Shelf, prot ection of n ational security int er- 15 ests , and prot ection of corr elative right s in the outer 16 Continental Shelf. 17 "( 6) SJ~CURI'l'Y.-rrhe Secreta ry shall reqmr e 18 the holder of a lease, casement , or right-of -way 19 grant ed under thi s subse ction to furn ish a sur ety 20 bond or other form of securit y, as pr escribed by th e 21 Secretary, and to comply with such other requir e- 22 ment s as the Secretary considers necessary to pro - 23 tect th e int erest s of th e Unit ed States. 24 25 "( 7) EFFE CT OF SUBSECTION.- Nothing in th is subsection displaces, supersedes, limits, or modifies oHR 6 EH AMERICA!\ pVERSIGHT 905 CEQ050 FY18091_000000 439 CEQ-18-0173-C-000943 904 1 th e juri sdiction, responsibility, or auth ority of any 2 F ederaJ or Stat e agency und er any other F edera l 3 law. 4 ' ' (8) APPLICABILITY.- Thi s sub section docs not 5 apply to any area on the out er Contin ental Shelf 6 designat ed as a Nat ional 1\/Iarin e Sanct uary ." . 7 (b) C0Nl<'0lt l\UNG A.MEN.Dl\lE NT.-S ection 8 of the 8 Out er Contin ental Shelf Land s Act (43 U.S.C. 1337) is 9 amend ed by str iking th e section h eading and inserting the 10 following: "LEASES, EASEMENTS, .A1"\J D RrGIITS-OF-vVAY 11 ON TIIE OUTER CONTINENTALSHELF.- " . 12 (c) SAVINGS PR0V1S10N.-Nothing in the amendm ent 13 mad e by sub section (a) requir es, with respect to any 14 project- 15 (1) for which offshore test facilities have been 16 constru cted before the dat e of enactm ent of thi s Act; 17 or (2) for which a request for propo sals has been 18 19 issued by a public authorit y, 20 any resubrnittal of documents previou sly submitt ed or any 21 reauth orization of actions pr eviously authoriz ed. oHR 6 EH AMERICA!\ pVERSIGHT 906 CEQ050FY18 091_000000439 CEQ-18-0173-C-000944 904 1 th e juri sdiction, responsibility, or auth ority of any 2 F ederaJ or Stat e agency und er any other F edera l 3 law. 4 ' ' (8) APPLICABILITY.- Thi s sub section docs not 5 apply to any area on the out er Contin ental Shelf 6 designat ed as a Nat ional 1\/Iarin e Sanct uary ." . 7 NT.-S ection 8 of the (b) C0Nl<'0lt l\UNG A.MEN.Dl\lE 8 Out er Contin ental Shelf Land s Act (43 U.S.C. 1337) is 9 amend ed by str iking th e section h eading and inserting the 10 following: "LEASES, EASEMENTS, .A1"\J D RrGIITS-OF-vVAY 11 ON TIIE OUTER CONTINENTALSHELF.- " . 12 (c) SAVINGS PR0V1S10N.-Nothing in the amendm ent 13 mad e by sub section (a) requir es, with respect to any 14 project- 15 (1) for which offshore test facilities have been 16 constru cted before the dat e of enactm ent of thi s Act; 17 or (2) for which a request for propo sals has been 18 19 issued by a public authorit y, 20 any resubrnittal of documents previou sly submitt ed or any 21 reauth orization of actions pr eviously authoriz ed. oHR 6 EH AMERICA!\ pVERSIGHT 906 CEQ050FY18 091_000000439 CEQ-18-0173-C-000944 905 1 SEC. 2011. PRESERVATION OF GEOLOGICAL AND GEO- 2 3 PHYSICAL DATA. (a) SHOI{'l''l1rrLE.-Th is section may be cited as th e 4 "National Geological and Geophysical Data Pr eservation 5 Program Act of 2005 " . 6 (b) PROGRA .1, 1.-T he Secretar y shall can y out a Na- 7 tional Geological and Geophysical Data Pr eservation Pro- 8 gTam in accordance v,rith thi s section9 lO (1) to ar chive geologic, geophysical, and eng1- neerin g data , map s, wel1 logs, and sampl es; 11 12 (2) to pr ovide a national cata log of such ar chi- val mat erial ; and 13 (3) to pr ovide techni cal and finan cial assistan ce 14 related to the ar chival material. 15 (c) PLAN.- Not lat er than 1 year aft er th e dat e of 16 ena ctm ent of thi s Act , th e Secr etar y shall submit to Con- 17 gTess a plan for th e implementation of th e Pro gram. 18 (d) D A'l'A AH.CHIVE SYS'l'EM.- 19 (1) E STABLISI-IMEN'l'.- 'rl1e Secretar y shaJl es- 20 tab lish, as a component of th e Pr ogram , a data ar - 21 chive syi:;tem to pr ovide for the stora ge, pr eservati on, 22 and ar chiving of subsurfa ce, surfa ce, geological , geo- 23 physical , and engineerin g data and samples. The 24 Secr etary , in consultation with th e Ad,risory Com- 25 mitt ee, shall develop guidelines relatin g to the data oHR 6 EH AMERICA!\ pVERSIGHT 907 CEQ050 FY18091_000000439 CEQ-18-0173-C-000945 905 1 SEC. 2011. PRESERVATION OF GEOLOGICAL AND GEO- 2 3 PHYSICAL DATA. (a) SHOI{'l''l1rrLE.-Th is section may be cited as th e 4 "National Geological and Geophysical Data Pr eservation 5 Program Act of 2005 " . 6 (b) PROGRA .1, 1.-T he Secretar y shall can y out a Na- 7 tional Geological and Geophysical Data Pr eservation Pro- 8 gTam in accordance v,rith thi s section9 lO (1) to ar chive geologic, geophysical, and eng1- neerin g data , map s, wel1 logs, and sampl es; 11 12 (2) to pr ovide a national cata log of such ar chi- val mat erial ; and 13 (3) to pr ovide techni cal and finan cial assistan ce 14 related to the ar chival material. 15 (c) PLAN.- Not lat er than 1 year aft er th e dat e of 16 ena ctm ent of thi s Act , th e Secr etar y shall submit to Con- 17 gTess a plan for th e implementation of th e Pro gram. 18 (d) D A'l'A AH.CHIVE SYS'l'EM.- 19 (1) E STABLISI-IMEN'l'.- 'rl1e Secretar y shaJl es- 20 tab lish, as a component of th e Pr ogram , a data ar - 21 chive syi:;tem to pr ovide for the stora ge, pr eservati on, 22 and ar chiving of subsurfa ce, surfa ce, geological , geo- 23 physical , and engineerin g data and samples. The 24 Secretary , in consultation with th e Ad,risory Com- 25 mitt ee, shall develop guidelines relatin g to the data oHR 6 EH AMERICA!\ pVERSIGHT 907 CEQ050 FY18091_000000439 CEQ-18-0173-C-000945 906 1 archive syst em, including th e types of data and sam- 2 ples to be preserved. 3 (2) SYSTEM COMPONENTS .- Th e syst em shall 4 be compri sed of State agencies that elect to be part 5 of the system and agencies within the D epar tment 6 of the Int erior th at maintain geological and geo- 7 physical data and samples that are designat ed by 8 th e Secret ary in accordan ce virith thi s subsection. 9 Th e Pro gram shall pro vide for the stora ge of dat a 10 and samples throug h data repositori es opera ted by 11 such agencies. 12 (3) Li iV lI'l'ATION 01;, DESIONA'l'lON.-rrh e Sec- 13 ret ary may not designat e a State agency as a com- 14 ponent of th e data ar chive systen1 unl ess that agency 15 is th e agency that acts as th e geological survey in 16 th e State. 17 (4) D ATA T"RO.M l"EDER.AL l.1.Ac ND.-Th e data ar- 18 chive system shall provide for th e archiving of rel- 19 evant sub surfa ce data and samples obtai ned from 20 F ederal land - 21 (A) in the most appropriat e repositor y des- 22 ig11ated und er paragTaph (2), with preference 23 being given to archi,rin g data 24 which th e dat a were collected; a.ud 111 th e State in oHR 6 EH AMERICA!\ pVERSIGHT 908 CEQ050FY18091 _000000439 CEQ-18-0173-C-000946 906 1 archive syst em, including th e types of data and sam- 2 ples to be preserved. 3 (2) SYSTEM COMPONENTS .- Th e syst em shall 4 be compri sed of State agencies that elect to be part 5 of the system and agencies within the D epar tment 6 of the Int erior th at maintain geological and geo- 7 physical data and samples that are designat ed by 8 th e Secret ary in accordan ce virith thi s subsection. 9 Th e Pro gram shall pro vide for the stora ge of dat a 10 and samples throug h data repositori es opera ted by 11 such agencies. 12 (3) Li iV lI'l'ATION 01;, DESIONA'l'lON.-rrh e Sec- 13 ret ary may not designat e a State agency as a com- 14 ponent of th e data ar chive systen1 unl ess that agency 15 is th e agency that acts as th e geological survey in 16 th e State. 17 (4) D ATA T"RO.M l"EDER.AL l.1.Ac ND.-Th e data ar- 18 chive system shall provide for th e archiving of rel- 19 evant sub surfa ce data and samples obtai ned from 20 F ederal land - 21 (A) in the most appropriat e repositor y des- 22 ig11ated und er paragTaph (2), with preference 23 being given to archi,rin g data 24 which th e dat a were collected; a.ud 111 th e State in oHR 6 EH AMERICA!\ pVERSIGHT 908 CEQ050FY18091 _000000439 CEQ-18-0173-C-000946 907 1 (B) consistent with all applicable law and 2 requirem ent s relating to confidentiaJit y and pro- 3 pri etary data. 4 (e) NATIONALCATALOG .- 5 (1) IN GENERAL.- As soon as pra cticable aft er 6 the dat e of enactm ent of thi s Act, the Secreta ry 7 shall develop and maintain , as a co.mponent of the 8 ProgTam , a nationaJ cata log that identifi es- 9 (A) data and samples available in the data 10 ar chive system estab lished und er subsect ion (cl); 11 (B ) th e r epository for particu lar mat erial 12 in th e system; and (C) th e means of accessing th e mate rial. 13 14 (2) A\ AH,ABILITY.-' rh e Secr etary shaJl mak e 15 th e national cata log accessible to th e public on the 16 site of th e Sur vey on th e Int ern et , consistent ?with all 17 app licable requir ement s related to confidentialit y 18 and proprietar y data . 19 (f) ADVISORYCOMMITTEE .- 20 (1) I N GENERAL.-,. rh e Advisory Committ ee 21 shall advise th e Secret ary on plannin g and imple- 22 ment at ion of th e Pr ogTam. 23 (2) NEW DU'l'm S.-In 24 addition to it s duti es un der the Nationa l Geologic Mappin g Act of 199 2 oHR 6 EH AMERICA!\ pVERSIGHT 909 CEQ050FY18 091_000000439 CEQ-18-0173-C-000947 907 1 (B) consistent with all applicable law and 2 requirem ent s relating to confidentiaJit y and pro- 3 pri etary data. 4 (e) NATIONALCATALOG .- 5 (1) IN GENERAL.- As soon as pra cticable aft er 6 the dat e of enactm ent of thi s Act, the Secreta ry 7 shall develop and maintain , as a co.mponent of the 8 ProgTam , a nationaJ cata log that identifi es- 9 (A) data and samples available in the data 10 ar chive system estab lished und er subsect ion (cl); 11 (B ) th e r epository for particu lar mat erial 12 in th e system; and (C) th e means of accessing th e mate rial. 13 14 (2) A\ AH,ABILITY.-' rh e Secr etary shaJl mak e 15 th e national cata log accessible to th e public on the 16 site of th e Sur vey on th e Int ern et , consistent ?with all 17 app licable requir ement s related to confidentialit y 18 and proprietar y data . 19 (f) ADVISORYCOMMITTEE .- 20 (1) I N GENERAL.-,. rh e Advisory Committ ee 21 shall advise th e Secret ary on plannin g and imple- 22 ment at ion of th e Pr ogTam. 23 (2) NEW DU'l'm S.-In 24 addition to it s duti es un der the Nationa l Geologic Mappin g Act of 199 2 oHR 6 EH AMERICA!\ pVERSIGHT 909 CEQ050FY18 091_000000439 CEQ-18-0173-C-000947 908 1 (43 U.S.C. 31a et seq.) , th e Advisory Committ ee 2 shalJ peiform the follm,~ng duti es: 3 (A) Advise th e Secrcta1-y on developing 4 guidelines and procechu?es for providing assist - s an ce for fa cilities und er sub section (g)(l). 6 (B) Review and critiqu e the draft impl e- 7 mentation plan pr epar ed by the Secretary und er 8 subsection (c). 9 (C) Identify useful studi es of data ar chived 10 und er the Program t hat Vi~l advance und er- 11 standing of the Natio n's energy and mineral re- 12 sour ces, geologic hazard s, and engineerin g geol- 13 ogy. 14 (D) Review the progress of th e Pro gram in 15 archiving significant data and pr eventin g the 16 loss of su ch data , and th e scientifi c pro gTess of 17 the studie s fund ed under the Program. 18 (E) Includ e in the annua J report to the 19 Secretary requir ed und er section 5(b)(3) of the 20 Nationa l Geologic 1\I Iappin g Act of 1992 (43 21 U.S.C. 31d(b)(3)) an evaluation of th e progress 22 of th e Program toward fulfilling the purpo ses of 23 the Pro gram und er sub section (b). 24 (g) FI NAt'-JCIAL AsSIS 'l'At"\TC E. - oHR 6 EH AMERICA!\ pVERSIGHT 910 CEQ050FY18091 _000000439 CEQ-18-0173-C-000948 908 1 (43 U.S.C. 31a et seq.) , th e Advisory Committ ee 2 shalJ peiform the follm,~ng duti es: 3 (A) Advise th e Secrcta1-y on developing 4 guidelines and procechu?es for providing assist - s an ce for fa cilities und er sub section (g)(l). 6 (B) Review and critiqu e the draft impl e- 7 mentation plan pr epar ed by the Secretary und er 8 subsection (c). 9 (C) Identify useful studi es of data ar chived 10 und er the Program t hat Vi~l advance und er- 11 standing of the Natio n's energy and mineral re- 12 sour ces, geologic hazard s, and engineerin g geol- 13 ogy. 14 (D) Review the progress of th e Pro gram in 15 archiving significant data and pr eventin g the 16 loss of su ch data , and th e scientifi c pro gTess of 17 the studie s fund ed under the Program. 18 (E) Includ e in the annua J report to the 19 Secretary requir ed und er section 5(b)(3) of the 20 Nationa l Geologic 1\I Iappin g Act of 1992 (43 21 U.S.C. 31d(b)(3)) an evaluation of th e progress 22 of th e Program toward fulfilling the purpo ses of 23 the Pro gram und er sub section (b). 24 (g) FI NAt'-JCIAL AsSIS 'l'At"\TC E. - oHR 6 EH AMERICA!\ pVERSIGHT 910 CEQ050FY18091 _000000439 CEQ-18-0173-C-000948 909 (1) ARCHIVE l<'J\C ILITIES.-Subject 1 to th e avajl - 2 abjlity of appropriat ions, th e Secretary shall provid e 3 finan cial assistance to a State agency that is des- 4 ignat ecl und er sub section (d) (2) for providing fa cili- 5 ties to archive energy material. 6 (2) S'I'UDIES.-SuQject to the availability of ap- 7 propriation s, the Secretary sha.11provide finan cial as - 8 sistan ce to any State agency designated und er sub- 9 section ( cl)(2) for studie s and t eclulica l assistan ce 10 activiti es that 11 tion, and use of material s archived in the data ar- 12 chive system establi shed und er sub sec6on (d). enh ance und er standing , interpr eta - 13 (3) FEDER.AL SHAR,E.-r r he Federa l shar e of 14 the cost of an act jvity carried out virith assistance 15 under thj s sub sect ion sha ll be not more than 50 per- 16 cent of the tota l cost of th e activity. 17 (4) PRIVA'l'E CON'l'RIBU'l'JONS.-Th e Secretary 18 shall app ly to th e non-Fede1?a1 shar e of the cost of 19 an activity carri ed out vvith assistan ce und er th is 20 sub secti on the value of pri vat e contribution s of prop- 21 cr ty and services u sed for th at activity . 22 (h) REPOR'l'.-Th e Secretary shall includ e in each re- 23 port und er sect ion 8 of th e Nat ional Geologic l\lfappin g Act 24 of 1992 (43 U.S.C. 31g)25 (1) a description of the statu s of the Program ; oHR 6 EH AMERICA!\ pVERSIGHT 911 CEQ050FY18091 _000000439 CEQ-18-0173-C-000949 909 (1) ARCHIVE l<'J\C ILITIES.-Subject 1 to th e avajl - 2 abjlity of appropriat ions, th e Secretary shall provid e 3 finan cial assistance to a State agency that is des- 4 ignat ecl und er sub section (d) (2) for providing fa cili- 5 ties to archive energy material. 6 (2) S'I'UDIES.-SuQject to the availability of ap- 7 propriation s, the Secretary sha.11provide finan cial as - 8 sistan ce to any State agency designated und er sub- 9 section ( cl)(2) for studie s and t eclulica l assistan ce 10 activiti es that 11 tion, and use of material s archived in the data ar- 12 chive system establi shed und er sub sec6on (d). enh ance und er standing , interpr eta - 13 (3) FEDER.AL SHAR,E.-r r he Federa l shar e of 14 the cost of an act jvity carried out virith assistance 15 under thj s sub sect ion sha ll be not more than 50 per- 16 cent of the tota l cost of th e activity. 17 (4) PRIVA'l'E CON'l'RIBU'l'JONS.-Th e Secretary 18 shall app ly to th e non-Fede1?a1 shar e of the cost of 19 an activity carri ed out vvith assistan ce und er th is 20 sub secti on the value of pri vat e contribution s of prop- 21 cr ty and services u sed for th at activity . 22 (h) REPOR'l'.-Th e Secretary shall includ e in each re- 23 port und er sect ion 8 of th e Nat ional Geologic l\lfappin g Act 24 of 1992 (43 U.S.C. 31g)25 (1) a description of the statu s of the Program ; oHR 6 EH AMERICA!\ pVERSIGHT 911 CEQ050FY18091 _000000439 CEQ-18-0173-C-000949 910 1 (2) an evaluatio n of the progr ess achieved in 2 developing th e Pro gram durin g the period covered by 3 th e report; and 4 (3) any recommendation s for legislative or other 5 action th e Secretar y considers necessary and appro- 6 priat e to fulfi ll th e purpo ses of th e Pro gram und er 7 subsection (b). 8 (i) lVIJ\JN 'l'E NANCE OF' STATE E PFOHT.-lt is th e in- 9 tent of Congr ess that th e State s not use th is secti on as 10 an opportu nity to reduce Stat e resources applied to th e 11 activities that ar c th e subj ect of the Pro gram . 12 (j) DEI ;,INITIONS .-ln th is section: 13 ( 1) ADVISORY COi\ll\ll'l'TEE.-rrl1 e term "Advi- 14 sory Committ ee" means th e advisory committ ee cs- 15 tabli shed und er section 5 of th e National Geologic 16 1\I Iapping Act of 1992 (43 U.S .C. 31d). 17 (2) PROGRAJ\L-Th e term " Program ." mean s 18 th e National Geological and Geophysical Data Pr es- 19 ervation P rogram carri ed out und er this section . 20 (3) SECRETARY.- ~rh e term "Secreta ry" means 21 th e Secretar y of th e Int erior , actin g throu gh th e Di- 22 rector of the Unit ed Stat es Geological Surv ey. 23 24 (4) Su RVEY.-Th e t erm " Sur vey'' mean s th e Unit ed Stat es Geological Survey. oHR 6 EH AMERICA!\ pVERSIGHT 912 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000950 910 1 (2) an evaluatio n of the progr ess achieved in 2 developing th e Pro gram durin g the period covered by 3 th e report; and 4 (3) any recommendation s for legislative or other 5 action th e Secretar y considers necessary and appro- 6 priat e to fulfi ll th e purpo ses of th e Pro gram und er 7 subsection (b). 8 (i) lVIJ\JN 'l'E NANCE OF' STATE E PFOHT.-lt is th e in- 9 tent of Congr ess that th e State s not use th is secti on as 10 an opportu nity to reduce Stat e resources applied to th e 11 activities that ar c th e subj ect of the Pro gram . 12 (j) DEI ;,INITIONS .-ln th is section: 13 ( 1) ADVISORY COi\ll\ll'l'TEE.-rrl1 e term "Advi- 14 sory Committ ee" means th e advisory committ ee cs- 15 tabli shed und er section 5 of th e National Geologic 16 1\I Iapping Act of 1992 (43 U.S .C. 31d). 17 (2) PROGRAJ\L-Th e term " Program ." mean s 18 th e National Geological and Geophysical Data Pr es- 19 ervation P rogram carri ed out und er this section . 20 (3) SECRETARY.- ~rh e term "Secreta ry" means 21 th e Secretar y of th e Int erior , actin g throu gh th e Di- 22 rector of the Unit ed Stat es Geological Surv ey. 23 24 (4) Su RVEY.-Th e t erm " Sur vey'' mean s th e Unit ed Stat es Geological Survey. oHR 6 EH AMERICA!\ pVERSIGHT 912 CEQ050FY18 091_000000 439 CEQ-18-0173-C-000950 911 1 (k ) AU' l'l-TOHJ.7,Nl'IO N OF APP ROPI::UATIO NS.-T h erc 2 ar e author ized to b e appropriated to carr y out this section 3 $30,000 ,000 for each of fiscal years 2006 through 2010. 4 SEC. 2012 . OIL AND GAS LEASE ACREAGE LIMITATIONS. 5 Section 27(d)( l ) of t he 1\/ Iineral Leasing Act (30 6 U.S.C. 184(d) (l)) is amended by inserting after "acreage 7 held in special tar sand ar eas" th e follm"ri.n g : ", and acre8 age 1mder any lease any portion of which ha s been com- 9 mitt ed to a federally approved unit or cooperative plan or 10 communi tizat ion agreement or for which royalty (includ11 ing compensator y royalty or royalty in-kind) was paid in 12 th e pr eceding calendar year, " . 13 SEC. 2013. DEADLINE FOR DECISION ON APPEALS OF CON14 SISTENCY 15 COASTAL ZONE MANAGEMENT ACT OF 1972. 16 DETERMINATION UNDER THE (a) IN GENERAh-Sect ion 319 of th e Coasta l Zone 17 Mana gement Act of 1972 (16 U.S.C. 1465) is amended 18 to read as follows: 19 20 "APPEALSTO TIIE SECRETARY "SEC. 319. (a) NOTICE.- Thc Secretar y shall publish 21 an init ial noti ce in th e F ederal Register not late 1?than 30 22 days after th e date of the filing of any appeal to th e Sec23 retar y of a consistency determinat ion und er section 307. 24 "( b) C LOSURE OP RE CORD.- 25 "( l ) I N GENERAL.- Not later t han th e end of 26 th e 120-day per iod beginning on th e dat e of publicaoHR 6 EH AMERICA!\ pVERSIGHT 913 CEQ050FY18091_000000439 CEQ-18-0173-C-000951 911 1 (k ) AU' l'l-TOHJ.7,Nl'IO N OF APP ROPI::UATIO NS.-T h erc 2 ar e author ized to b e appropriated to carr y out this section 3 $30,000 ,000 for each of fiscal years 2006 through 2010. 4 SEC. 2012 . OIL AND GAS LEASE ACREAGE LIMITATIONS. 5 Section 27(d)( l ) of t he 1\/ Iineral Leasing Act (30 6 U.S.C. 184(d) (l)) is amended by inserting after "acreage 7 held in special tar sand ar eas" th e follm"ri.n g : ", and acre8 age 1mder any lease any portion of which ha s been com- 9 mitt ed to a federally approved unit or cooperative plan or 10 communi tizat ion agreement or for which royalty (includ11 ing compensator y royalty or royalty in-kind) was paid in 12 th e pr eceding calendar year, " . 13 SEC. 2013. DEADLINE FOR DECISION ON APPEALS OF CON14 SISTENCY 15 COASTAL ZONE MANAGEMENT ACT OF 1972. 16 DETERMINATION UNDER THE (a) IN GENERAh-Sect ion 319 of th e Coasta l Zone 17 Mana gement Act of 1972 (16 U.S.C. 1465) is amended 18 to read as follows: 19 20 "APPEALSTO TIIE SECRETARY "SEC. 319. (a) NOTICE.- Thc Secretar y shall publish 21 an init ial noti ce in th e F ederal Register not late 1?than 30 22 days after th e date of the filing of any appeal to th e Sec23 retar y of a consistency determinat ion und er section 307. 24 "( b) C LOSURE OP RE CORD.- 25 "( l ) I N GENERAL.- Not later t han th e end of 26 th e 120-day per iod beginning on th e dat e of publicaoHR 6 EH AMERICA!\ pVERSIGHT 913 CEQ050FY18091_000000439 CEQ-18-0173-C-000951 912 1 tion of an initial notice und er subsection (a), the 2 Secretary shall receive no more filings on the appeal 3 and the administrative record regarding the appea l 4 shall be closed. (' (2) NO'l'ICE. - Upon the closure of the adrn.in- 5 6 istrative record, th e Secretary shall inur1ediat ely 7 publish a notice that the admini strativ e record ha s 8 been closed. 9 "(c) DEADLINE FOR DECISION.- The Secretary shall 10 issue a decision in any appeal filed m1der section 307 not 11 lat er than 120 days aft er th e closure of th e administ rative 12 record. 13 C((d) APPLICATION.-rrhis section applies to appeals 14 initiat ed by the Secretary and appeals filed by an appli15 cant. " . 16 (b) APPLI CNrIO N.- 17 (]) IN GENgR1U.1.-E xcept as provided in para- 18 graph (2), the amendment made by subsection (a) 19 shall apply with respect to any appea l initiat ed or 20 filed before, on, or after the dat e of ena ctment of 21 thi s Act. 22 (2) Lil\lITATION.-Sub section (a) of section 319 23 of th e Coasta l Zone Mana gement Act of 1972 (as 24 amended by subsection (a)) sha ll not apply with re- oHR 6 EH AMERICA!\ pVERSIGHT 914 CEQ050 FY18091_000000439 CEQ-18-0173-C-000952 912 1 tion of an initial notice und er subsection (a), the 2 Secretary shall receive no more filings on the appeal 3 and the administrative record regarding the appea l 4 shall be closed. (' (2) NO'l'ICE. - Upon the closure of the adrn.in- 5 6 istrative record, th e Secretary shall inur1ediat ely 7 publish a notice that the admini strativ e record ha s 8 been closed. 9 "(c) DEADLINE FOR DECISION.- The Secretary shall 10 issue a decision in any appeal filed m1der section 307 not 11 lat er than 120 days aft er th e closure of th e administ rative 12 record. 13 C((d) APPLICATION.-rrhis section applies to appeals 14 initiat ed by the Secretary and appeals filed by an appli15 cant. " . 16 (b) APPLI CNrIO N.- 17 (]) IN GENgR1U.1.-E xcept as provided in para- 18 graph (2), the amendment made by subsection (a) 19 shall apply with respect to any appea l initiat ed or 20 filed before, on, or after the dat e of ena ctment of 21 thi s Act. 22 (2) Lil\lITATION.-Sub section (a) of section 319 23 of th e Coasta l Zone Mana gement Act of 1972 (as 24 amended by subsection (a)) sha ll not apply with re- oHR 6 EH AMERICA!\ pVERSIGHT 914 CEQ050 FY18091_000000439 CEQ-18-0173-C-000952 913 1 spect to a.n appeal initi ated or fiJed before th e dat e 2 of enactment of thi s Act . 3 (c) C LOSURE OF RE CORD FOR AP P EAL FILED B E- 4 FORE DATE OF E NACTivIBNT.-Notwi th sta nding section 5 319 (b)( l ) of the Coastal Zone Manag ement Act of 1972 6 (as amended by thi s section), in th e case of an appeal of 7 a consistency deter mination und er secbon 307 of that Act 8 initiat ed or filed before the dat e of enactment of this Act, 9 th e Secretary of Commerce shall receive no more filings 10 on t he appea l and the administrative record regarding the 11 appeal shall be closed not late r than 120 days after the 12 dat e of enact ment of thi s Act . 13 SEC. 2014. REIMBURSEMENT FOR COSTS OF NEPA ANAL14 15 YSES, DOCUMENTATION, AND STUDIES. (a) IN GBNERJ\L.-The l\l[ineral Leasing Act 1s 16 amended by insertin g aft er section 37 (30 U.S.C. 193) 17 th e fol10vv:ing: 18 "HEIMBURSEl\lEN'l' FOR 19 20 COSTS 01<' CE H,'l'AlN J\J\IJ\LY SE S, DOCUMENTA'l'ION, AND STUDIE S "S 1~c. 38. (a) IN GEt\TERAL .- The Secreta ry of the 21 Int erior shall issue regulati ons lmd er which th e Secreta ry 22 shall reimbur se a person that is a lessee, operator, oper23 atin g right s owner, or applicant for any lease u nder th is 24 Act for reasonab le amounts paid by the person for pr epa25 rat ion for the Secretary by a contra ctor or other person 26 selected by the Secretary of any project-level analysis, docoHR 6 EH AMERICA!\ pVERSIGHT 915 CEQ050FY18091 _000000439 CEQ-18-0173-C-000953 913 1 spect to a.n appeal initi ated or fiJed before th e dat e 2 of enactment of thi s Act . 3 (c) C LOSURE OF RE CORD FOR AP P EAL FILED B E- 4 FORE DATE OF E NACTivIBNT.-Notwi th sta nding section 5 319 (b)( l ) of the Coastal Zone Manag ement Act of 1972 6 (as amended by thi s section ), in th e case of an appeal of 7 a consistency deter mination und er secbon 307 of that Act 8 initiat ed or filed before the dat e of enactment of this Act, 9 th e Secretary of Commerce shall receive no more filings 10 on t he appea l and the administrative record regarding the 11 appeal shall be closed not late r than 120 days after the 12 dat e of enact ment of thi s Act . 13 SEC. 2014. REIMBURSEMENT FOR COSTS OF NEPA ANAL14 15 YSES, DOCUMENTATION, AND STUDIES. (a) IN GBNERJ\L.-The l\l[ineral Leasing Act 1s 16 amended by insertin g aft er section 37 (30 U.S.C. 193) 17 th e fol10vv:ing: 18 "HEIMBURSEl\lEN'l' FOR 19 20 COSTS 01<' CE H,'l'AlN J\J\IJ\LY SE S, DOCUMENTA'l'ION, AND STUDIE S "S 1~c. 38. (a) IN GEt\TERAL .- The Secreta ry of the 21 Int erior shall issue regulati ons lmd er which th e Secreta ry 22 shall reimbur se a person that is a lessee, operator, oper23 atin g right s owner, or applicant for any lease under th is 24 Act for reasonab le amounts paid by the person for pr epa25 rat ion for the Secretary by a contra ctor or other person 26 selected by the Secretary of any project-level analysis, docoHR 6 EH AMERICA!\ pVERSIGHT 915 CEQ050FY18091 _000000439 CEQ-18-0173-C-000953 914 1 um entation, or related study requir ed pur suant to th e Na - 2 tionaJ Enviromn ental Policy Act of 1969 (42 U.S .C. 432 1 3 ct seq.) with respect to the lease . 4 "(b) C0NDITI0NS.- 'rh e Secretary may provide reim - 5 bm?sement und er subsection (a) only if6 '1 (1) adequate fundin g to enable th e Secretary 7 to timely pr epar e th e analysis, document ation, or re- 8 lated study is not appropriat ed; 9 "(2) the person paid th e costs voluntaril y; 10 "(3) th e person maintain s records of it:;; costs 11 m accordance with regulation s issued by th e Sec- 12 retar y; 13 ' 1 (4) the reimbur sement is in the form of a re- 14 cluction in th e F ederal shar e of th e royalty required 15 to be paid for th e lease for which th e analysis, docu- 16 mentation, or relat ed study is conducted, and is 17 agreed to by th e Secretary and th e person reun- 18 bur sed prior to cmnrnencing th e analysis, docu - 19 ment ation, or related study; and 20 21 "(5) th e agreement requir ed under parag raph (4) contain s provisions- 22 " (A) reducing royalties owed on lease pro- 23 duction ba sed on mark et pri ces; oHR 6 EH AMERICA!\ pVERSIGHT 916 CEQ050FY18091 _000000439 CEQ-18-0173-C-000954 914 1 um entation, or related study requir ed pur suant to th e Na - 2 tionaJ Enviromn ental Policy Act of 1969 (42 U.S .C. 432 1 3 ct seq.) with respect to the lease . 4 "(b) C0NDITI0NS.- 'rh e Secretary may provide reim - 5 bm?sement und er subsection (a) only if6 '1 (1) adequate fundin g to enable th e Secretary 7 to timely pr epar e th e analysis, document ation, or re- 8 lated study is not appropriat ed; 9 "(2) the person paid th e costs voluntaril y; 10 "(3) th e person maintain s records of it:;; costs 11 m accordance with regulation s issued by th e Sec- 12 retar y; 13 ' 1 (4) the reimbur sement is in the form of a re- 14 cluction in th e F ederal shar e of th e royalty required 15 to be paid for th e lease for which th e analysis, docu- 16 mentation, or relat ed study is conducted, and is 17 agreed to by th e Secretary and th e person reun- 18 bur sed prior to cmnrnencing th e analysis, docu - 19 ment ation, or related study; and 20 21 "(5) th e agreement requir ed under parag raph (4) contain s provisions- 22 " (A) reducing royalties owed on lease pro- 23 duction ba sed on mark et pri ces; oHR 6 EH AMERICA!\ pVERSIGHT 916 CEQ050FY18091 _000000439 CEQ-18-0173-C-000954 915 1 1 ' (B) stipulating an auto mati c ter mination 2 of th e roya lty reduction upon r ecovery of docu- 3 mcut cd costs; and 4 "(C) providing a proc ess by '"'bich the lcs- 5 sec may seek r eimbur sement for circumstances 6 in which produ ction fro m th e specified lease is 7 not possible." . 8 (b) A.PPI,ICA'l'ION.-Th e amendment mad e by th is 9 section shall app ly with respect to an ana lysis, documcnta10 tion , or a r elated stud y conduct ed on or after th e date 11 of ena ctment of thi s Act for any lease ent ered int o befor e, 12 on, or aft er th e dat e of ena ctm ent of thi s Act . 13 (c) DE ADLI NE FOR REGUI,A'l'IONS.-Th e Secretary 14 shall issue r egu lations i mplernent ing the amendm ent made 15 by th is section by not later than 1 year after the dat e 16 of enactment of thi s Act. 17 18 SEC. 2015. GAS HYDRATE PRODUCTION INCENTIVE. (a) PURPOSE.- Th c purpose of t his section is to pro- 19 mot e nat ur al gas produ ction from the abundant natural 20 gas hydrat e r esources on the outer Continental Shelf and 21 F eder al land s in Alaska by pro vidin g royalty incent ives . 22 (b) SUS PENS ION OF' ROYAL/l'IE S.- 23 (1) IN GENERAIJ.-'l'h e Secr etary of th e lnt e- 24 rior shall grant royalty relief in accordance vvith th is 25 section for nattu?a l ga s produ ced from gas hydr ate oHR 6 EH AMERICA!\ pVERSIGHT 917 CEQ050 FY18091_000000439 CEQ-18-0173-C-000955 915 1 1 ' (B) stipulating an auto mati c ter mination 2 of th e roya lty reduction upon r ecovery of docu- 3 mcut cd costs; and 4 "(C) providing a proc ess by '"'bich the lcs- 5 sec may seek r eimbur sement for circumstances 6 in which produ ction fro m th e specified lease is 7 not possible." . 8 (b) A.PPI,ICA'l'ION.-Th e amendment mad e by th is 9 section shall app ly with respect to an ana lysis, documcnta10 tion , or a r elated stud y conduct ed on or after th e date 11 of ena ctment of thi s Act for any lease ent ered int o befor e, 12 on, or aft er th e dat e of ena ctm ent of thi s Act . 13 (c) DE ADLI NE FOR REGUI,A'l'IONS.-Th e Secretary 14 shall issue r egu lations i mplernent ing the amendm ent made 15 by th is section by not later than 1 year after the dat e 16 of enactment of thi s Act. 17 18 SEC. 2015. GAS HYDRATE PRODUCTION INCENTIVE. (a) PURPOSE.- Th c purpose of t his section is to pro- 19 mot e nat ur al gas produ ction from the abundant natural 20 gas hydrat e r esources on the outer Continental Shelf and 21 F eder al land s in Alaska by pro vidin g royalty incent ives . 22 (b) SUS PENS ION OF' ROYAL/l'IE S.- 23 (1) IN GENERAIJ.-'l'h e Secr etary of th e lnt e- 24 rior shall grant royalty relief in accordance vvith th is 25 section for nattu?a l ga s produ ced from gas hydr ate oHR 6 EH AMERICA!\ pVERSIGHT 917 CEQ050 FY18091_000000439 CEQ-18-0173-C-000955 916 1 resour ces under any lease that 1s an eligible lease 2 und er para graph (2) . 3 (2) ELIGIBLE 4 LEASES .- A lease shall be an eli- gible lease for purpo ses of this section if- 5 (A) it is issued und c1? th e Out er Conti- 6 nental Shelf Land s Act (43 U.S.C. 1331 et 7 seq.), or is an oil and gas lease issued for on- 8 shor e F ederal lands in Alaska; (B) it is issued prior to January 9 10 1, 2016; and (C) produ ction und er th e lease of natural 11 12 gas froni th e gas hydrat e resource s commences 13 prior to Januar y 1, 2018. 14 (3) AMOUNT Oli1 RELIEF.-Th e Secretary shall 15 grant royalty relief und er th is section as a suspen- 16 sion volume of at least 50 billion cubic feet of nat- 17 ura l gas produced from gas hydrat e resources per 9 18 squar e mile leased tract. Such relief sha U be in addi- 19 tion to any other royalty relief under any other pro - 20 vision app licable to th e lease that docs not specifi- 21 cally gTant a gas hydrat e produ ction incenbve. rrh e 22 ntinirnum su spension volume und er thi s section for 23 leased tra cts that are sma1ler or larger than nine 24 squar e miles shall be adjusted on a proportional 25 basis. oHR 6 EH AMERICA!\ pVERSIGHT 918 CEQ050FY18091 _000000439 CEQ-18-0173-C-000956 916 1 resour ces under any lease that 1s an eligible lease 2 und er para graph (2) . 3 (2) ELIGIBLE 4 LEASES .- A lease shall be an eli- gible lease for purpo ses of this section if- 5 (A) it is issued und c1? th e Out er Conti- 6 nental Shelf Land s Act (43 U.S.C. 1331 et 7 seq.), or is an oil and gas lease issued for on- 8 shor e F ederal lands in Alaska; (B) it is issued prior to January 9 10 1, 2016; and (C) produ ction und er th e lease of natural 11 12 gas froni th e gas hydrat e resource s commences 13 prior to Januar y 1, 2018. 14 (3) AMOUNT Oli1 RELIEF.-Th e Secretary shall 15 grant royalty relief und er th is section as a suspen- 16 sion volume of at least 50 billion cubic feet of nat- 17 ura l gas produced from gas hydrat e resources per 9 18 squar e mile leased tract. Such relief sha U be in addi- 19 tion to any other royalty relief under any other pro - 20 vision app licable to th e lease that docs not specifi- 21 cally gTant a gas hydrat e produ ction incenbve. rrh e 22 ntinirnum su spension volume und er thi s section for 23 leased tra cts that are sma1ler or larger than nine 24 squar e miles shall be adjusted on a proportional 25 basis. oHR 6 EH AMERICA!\ pVERSIGHT 918 CEQ050FY18091 _000000439 CEQ-18-0173-C-000956 917 1 ( 4) LIMITATION.-Th e Secretary may pla ce lini- 2 itation s on the suspens ion of royalty r elief gr ant ed 3 based on market pric e. 4 (c) APPLICATION .- This section shall apply to any el- 5 igible lease issued before, on, or after the dat e of ena ct- 6 ment of th is Act. 7 (d) Ru l1ElVIA KINGS.-Th e Secretary sha]] con:iplete 8 any rulemakings implementing thi s section virithin 1 year 9 aft er th e dat e of enactm ent of thi s Act . 10 (e) GAS HYDRATE RESO URCES DEFI NED .-I n this 11 section, th e term "gas hydrat e r esouxces" includ es both 12 th e natura l gas cont ent of gas hydrat es within the hydrat e 13 stab ility zone and free natural gas trapp ed by and beneath 14 th e hydrat e st ability zone. 15 SEC. 2016. ONSHORE DEEP GAS PRODUCTION INCENTIVE. 16 (a) P URPOSE.-rfh e purpo se of t his section is to pro - 17 mote natural gas produ ction from the abundant onshore 18 deep gas resources on F ederal ]ands by providing royalty 19 incenti ves. 20 (b) SUSPENS ION OF ROYALTIE S.- 21 (1) I N GENERAL.- 'rh e Sec1?etary shall gran t 22 royalty relief in accordance ?with thi s section for nat- 23 tffal gas produced from deep wells spudd ed after the 24 dat e of enactm ent of thi s Act und er any onshore 25 F ederal oil and gas lease . oHR 6 EH AMERICA!\ pVERSIGHT 919 CEQ050FY18091 _000000439 CEQ-18-0173-C-000957 917 1 ( 4) LIMITATION.-Th e Secretary may pla ce lini- 2 itation s on the suspens ion of royalty r elief gr ant ed 3 based on market pric e. 4 (c) APPLICATION .- This section shall apply to any el- 5 igible lease issued before, on, or after the dat e of ena ct- 6 ment of th is Act. 7 (d) Ru l1ElVIA KINGS.-Th e Secretary sha]] con:iplete 8 any rulemakings implementing thi s section virithin 1 year 9 aft er th e dat e of enactm ent of thi s Act . 10 (e) GAS HYDRATE RESO URCES DEFI NED .-I n this 11 section, th e term "gas hydrat e r esouxces" includ es both 12 th e natura l gas cont ent of gas hydrat es within the hydrat e 13 stab ility zone and free natural gas trapp ed by and beneath 14 th e hydrat e st ability zone. 15 SEC. 2016. ONSHORE DEEP GAS PRODUCTION INCENTIVE. 16 (a) P URPOSE.-rfh e purpo se of t his section is to pro - 17 mote natural gas produ ction from the abundant onshore 18 deep gas resources on F ederal ]ands by providing royalty 19 incenti ves. 20 (b) SUSPENS ION OF ROYALTIE S.- 21 (1) I N GENERAL.- 'rh e Sec1?etary shall gran t 22 royalty relief in accordance ?with thi s section for nat- 23 tffal gas produced from deep wells spudd ed after the 24 dat e of enactm ent of thi s Act und er any onshore 25 F ederal oil and gas lease . oHR 6 EH AMERICA!\ pVERSIGHT 919 CEQ050FY18091 _000000439 CEQ-18-0173-C-000957 918 1 (2) ANlOUNT OP RELIEF.-Th e Secretary shall 2 grant royalty relief und er this section as a suspen- 3 sion volume determin ed by th e Secretary 4 amount necessa ry to maximize production of natura l 5 gas volum es . Th e ma,--cimumsuspension volum e shall 6 be 50 billion cubic feet of natw ?aJ gas per lease. 7 Such royalty suspension volum e shall be applied be- 8 ginn ing v,rith th e fir st dollar of royalty obligation for 9 produ ction on or after th e dat e of ena ctm ent of thi s 10 in an Act . 11 (3) LIMITA'l'IO N.-T he Secretary may plac e lim- 12 itation s on the suspens ion of royalty r elief grant ed 13 ba sed on mark et pri ce. 14 (c) APPLTCATION.-This secfaon shall app ly to any 15 onshore F ederal oil and gas lease issued before, on, or 16 aft er th e dat e of ena ctm ent of thi s Act. 17 (d) R ULEMJ\ICTNGS.- 18 (1) REQUIREMEN'l'.- The Secretar y shall com- 19 plete any rulcmakin gs implementin g th is section 20 within 1 year after the dat e of ena ctment of thi s 21 Act. (2) DEF'INI'l'JON OF' DEEP WELL.i.-Such regu_la- 22 23 tions sha ll include a definition of the term "deep 24 well" for purposes of this section. oHR 6 EH AMERICA!\ pVERSIGHT 920 CEQ050FY18091 _000000439 CEQ-18-0173-C-000958 918 1 (2) ANlOUNT OP RELIEF.-Th e Secretary shall 2 grant royalty relief und er this section as a suspen- 3 sion volume determin ed by th e Secretary 4 amount necessa ry to maximize production of natura l 5 gas volum es . Th e ma,--cimumsuspension volum e shall 6 be 50 billion cubic feet of natw ?aJ gas per lease. 7 Such royalty suspension volum e shall be applied be- 8 ginn ing v,rith th e fir st dollar of royalty obligation for 9 produ ction on or after th e dat e of ena ctm ent of thi s 10 in an Act . 11 (3) LIMITA'l'IO N.-T he Secretary may plac e lim- 12 itation s on the suspens ion of royalty r elief grant ed 13 ba sed on mark et pri ce. 14 (c) APPLTCATION.-This secfaon shall app ly to any 15 onshore F ederal oil and gas lease issued before, on, or 16 aft er th e dat e of ena ctm ent of thi s Act. 17 (d) R ULEMJ\ICTNGS.- 18 (1) REQUIREMEN'l'.- The Secretar y shall com- 19 plete any rulcmakin gs implementin g th is section 20 within 1 year after the dat e of ena ctment of thi s 21 Act. (2) DEF'INI'l'JON OF' DEEP WELL.i.-Such regu_la- 22 23 tions sha ll include a definition of the term "deep 24 well" for purposes of this section. oHR 6 EH AMERICA!\ pVERSIGHT 920 CEQ050FY18091 _000000439 CEQ-18-0173-C-000958 919 1 SEC. 2017. ENHANCED OIL AND NATURAL GAS PRODUCTION 2 3 INCENTIVE . (a) FI NDINGS.-Con gress finds the following: 4 (1) Approxirnat ely two-third s of th e original oil 5 in place in th e Unit ed State s remains unprodn ced. 6 (2) Enhan ced oil and natnraJ gas produ ction 7 from th e sequest ering of carbon dioxide and other 8 appropriat e gases has the potentiaJ to increase oil 9 and natural gas produ ction in th e Unit ed Stat es by 10 2 million barr els of oil equivalent per day, or more. 11 (3) Collection of carbon dioxide and other ap- 12 propriat e gases from indu stria l fa cilities could pro- 13 vide a significant sour ce of th ese gases that could be 14 perman ently sequestered into oil and natura l gas 15 fields. 16 (4) Such collection could be mad e economic by 17 prm~OLI'rICAL SUBD fVISION.-rfh e 10 term 'coastal political subdivision' means a county, 11 parish , 12 En ergy Stat e, all or part of which lies within the 13 boundari es of th e coastal zone of th e Stat e, as iden- 14 tified in th e Stat e's approved coastal zone manage- 15 ment prog 1?am und er th e Coasta l Zone 1\/Ianag cmcnt 16 Act of 1972 (16 U .S.C. 1451 ct seq.) on th e date 17 of th e enactment of thi s section. 0 1? other equivalent subdivision of a Coast al 18 " (3) COASTAi_;POPULJ\'l'lON.-Th e term 'coastal 19 pop11lation' means th e population of a coastal polit - 2O ical subdivision, as determined by the most recent 21 official data of th e Census Bu reau. 22 " (4) COASTLINE.- The term 'coastline' has th e 23 same meanin g as th e term 'coast line' in subsection 24 2(c) of the Submerged La nds Act (43 U .S.C. 25 1301( c)) . oHR 6 EH AMERICA!\ pVERSIGHT 966 CEQ050FY18091_000000439 CEQ-18-0173-C-001004 964 1 "SEC. 32. DOMESTIC OFFSHORE ENERGY REINVESTMENT 2 3 PROGRAM. ''( a ) DEI <'INI'l'IONS .-In thi s section: 4 " (] ) COAS'l'AfJ ENBRGY S1'ATE.-1"h e term 5 'Coastal En ergy St ate' means a Coasta l Stat e off 6 th e coastline of which, within the seaward lat era l 7 boundar y as determin ed und er section 4, outer Con- 8 tin enta l Shelf bonus bids or royalties arc generated. 9 "(2) COASTAL t>OLI'rICAL SUBD fVISION.-rfh e 10 term 'coastal political subdivision' means a county, 11 parish , 12 En ergy Stat e, all or part of which lies within the 13 boundari es of th e coastal zone of th e Stat e, as iden- 14 tified in th e Stat e's approved coastal zone manage- 15 ment prog 1?am und er th e Coasta l Zone 1\/Ianag cmcnt 16 Act of 1972 (16 U .S.C. 1451 ct seq.) on th e date 17 of th e enactment of thi s section. 0 1? other equivalent subdivision of a Coast al 18 " (3) COASTAi_;POPULJ\'l'lON.-Th e term 'coastal 19 pop11lation' means th e population of a coastal polit - 2O ical subdivision, as determined by the most recent 21 official data of th e Census Bu reau. 22 " (4) COASTLINE.- The term 'coastline' has th e 23 same meanin g as th e term 'coast line' in subsection 24 2(c) of the Submerged La nds Act (43 U .S.C. 25 1301( c)) . oHR 6 EH AMERICA!\ pVERSIGHT 966 CEQ050FY18091_000000439 CEQ-18-0173-C-001004 965 1 " (5) F UND.-Th e t erm 'Fund ' mean s th e Se- 2 cur e En ergy Rein vestm ent Fund established by this 3 section. 4 '' (6) LEASED 'l'RACT.- Th e term 'leased tra ct ' 5 mean s a tra ct maintain ed tmd cr sect ion 6 or leased 6 und er section 8 for th e pw?pose of driUing for , devel- 7 opin g, and pr odu cing oil and natural gas r esour ces . 8 " (7) Q UALI F IED OUTER CON'l'INE N'l'AL SHELIo~ 9 REVENUES.-Th e term 'qualifi ed out er Continent al 10 Shelf revenu es' mean s all amoun ts received by th e 11 Unit ed Stat es on or aft er October 1, 2005, from 12 each lease d tr act or porti on of a lease d tra ct lying 13 seaward of th e zone defined and govern ed by section 14 S(g), or lyin g ?within such zone but to whi ch section 15 8(g) does not apply, in cludin g bonu s bid s, rent s, roy- 16 alti es (includin g payment s for royalties t aken in kind 17 and sold), net profit shar e payment s, an d r elated in- 18 ter est. 19 ' ' (8) SECRETARY.- Th e term 'Sec r etar y' mean s 20 the Secr etar y of the Int erior . 21 "( b ) SECUH,E E NhROY REINVl~STMEN'l' F UND.- 22 "(1 ) E STABLISHMBN'l'.-rl' here is established in 23 the 'l'r eas ury of the Unit ed Sta tes a separ ate ac- 24 coun t which shall be kn ovirn as th e 'Sec ure En er gy oHR 6 EH AMERICA!\ pVERSIGHT 967 CEQ050FY18091 _000000439 CEQ-18-0173-C-001005 965 1 " (5) F UND.-Th e t erm 'Fund ' mean s th e Se- 2 cur e En ergy Rein vestm ent Fund established by this 3 section. 4 '' (6) LEASED 'l'RACT.- Th e term 'leased tra ct ' 5 mean s a tra ct maintain ed tmd cr sect ion 6 or leased 6 und er section 8 for th e pw?pose of driUing for , devel- 7 opin g, and pr odu cing oil and natural gas r esour ces . 8 " (7) Q UALI F IED OUTER CON'l'INE N'l'AL SHELIo~ 9 REVENUES.-Th e term 'qualifi ed out er Continent al 10 Shelf revenu es' mean s all amoun ts received by th e 11 Unit ed Stat es on or aft er October 1, 2005, from 12 each lease d tr act or porti on of a lease d tra ct lying 13 seaward of th e zone defined and govern ed by section 14 S(g), or lyin g ?within such zone but to whi ch section 15 8(g) does not apply, in cludin g bonu s bid s, rent s, roy- 16 alti es (includin g payment s for royalties t aken in kind 17 and sold), net profit shar e payment s, an d r elated in- 18 ter est. 19 ' ' (8) SECRETARY.- Th e term 'Sec r etar y' mean s 20 the Secr etar y of the Int erior . 21 "( b ) SECUH,E E NhROY REINVl~STMEN'l' F UND.- 22 "(1 ) E STABLISHMBN'l'.-rl' here is established in 23 the 'l'r easury of the Unit ed Sta tes a separ ate ac- 24 coun t which shall be kn ovirn as th e 'Sec ure En er gy oHR 6 EH AMERICA!\ pVERSIGHT 967 CEQ050FY18091 _000000439 CEQ-18-0173-C-001005 966 1 Reinvest men t Fund ' . 'rlie Fund 2 amounts deposited und er para gTaph (2). shall consist of 3 "(2) DEPOSITS.- For each of fiscal years 20 06 4 through 201 5, the Secretary of th e Tr easur y shall 5 deposit into the Fund , sul1jcct to appropriations, the 6 following: 7 "(A) Nob;vit hsta.nding section 9, all quali- 8 fied outer Continenta l Shelf revenues at trib- 9 utab lc to royalties received by the United States 10 in the fiscal year that ar c in excess of the fol- 11 lmving amount: "( i) $7,000 ,000 ,000 m th e case of 12 royalties received in fiscal yea r 200 6. 13 " (ii) $7, 100 ,000 ,000 in th e case of 14 royalties received in fiscal year 2007 . 15 "( iji) $7,300 ,000 ,000 in th e case of 16 17 royalties received in fiscal year 2008. "( iv) $6,900, 000 ,000 in t he case of 18 19 roya ltics received in fiscal year 200 9. 20 "(v) $7,200 ,000 ,000 in the case of royalties received in fiscal year 2010 . 21 "( ,~) $7,25 0,000 ,000 in th e case of 22 23 royalties received in fiscal yea r 20 ] 1. "(vii) 24 $8,125,000,000 in the case of 1?oyaltics received in fiscal year 2012. 25 oHR 6 EH AMERICA!\ pVERSIGHT 968 CEQ050FY18091 _000000439 CEQ-18-0173-C-001006 966 1 Reinvest men t Fund ' . 'rlie Fund 2 amounts deposited und er para gTaph (2). shall consist of 3 "(2) DEPOSITS.- For each of fiscal years 20 06 4 through 201 5, the Secretary of th e Tr easur y shall 5 deposit into the Fund , sul1jcct to appropriations, the 6 following: 7 "(A) Nob;vit hsta.nding section 9, all quali- 8 fied outer Continenta l Shelf revenues at trib- 9 utab lc to royalties received by the United States 10 in the fiscal year that ar c in excess of the fol- 11 lmving amount: "( i) $7,000 ,000 ,000 m th e case of 12 royalties received in fiscal yea r 200 6. 13 " (ii) $7, 100 ,000 ,000 in th e case of 14 royalties received in fiscal year 2007 . 15 "( iji) $7,300 ,000 ,000 in th e case of 16 17 royalties received in fiscal year 2008. "( iv) $6,900, 000 ,000 in t he case of 18 19 roya ltics received in fiscal year 200 9. 20 "(v) $7,200 ,000 ,000 in the case of royalties received in fiscal year 2010 . 21 "( ,~) $7,25 0,000 ,000 in th e case of 22 23 royalties received in fiscal yea r 20 ] 1. "(vii) 24 $8,125,000,000 in the case of 1?oyaltics received in fiscal year 2012. 25 oHR 6 EH AMERICA!\ pVERSIGHT 968 CEQ050FY18091 _000000439 CEQ-18-0173-C-001006 967 1 "( ,riii) $8,100,000 ,000 m th e case of royalties received in fiscal yea r 2013. 2 3 "( ix) $9,000 ,000 ,000 in th e case of royalti es received in fiscal year 2014. 4 5 " (x) $7,500 ,000 ,000 in th e case of 6 r 2015. rovalti es received in fiscal vea. u u 7 " (B) Notwith standin g? section 9, all quali- 8 fied out e1~ Contin ental shelf revenu es attrib- 9 utab le to bonu s bids received by t he United 10 Stat es in each of t he fiscal year s 2006 thr ough 11 2015 that ar c in excess of $880,000 ,000. 12 " (C) Not,,rith standin g section 9, in addi- 13 tion to amount s deposited und er subpara graph s 14 (A) and (B ), $35,000 ,000 of amount s received 15 by tb e Unjt ed Stat es each fiscal year as royal- 16 ties for oil or gas production on th e out er Con- 17 tin ental Shelf. " (D) All int er est earn ed und er paragraph 18 19 ( 4) . 20 In no event shalJ deposits und er subp ara graph s (A) 21 throu gh (C) tot al mor e than $50,000 ,000 per fiscal 22 vear. oI 23 24 " (3) DBPO SI'l' S AF'TER FI SCAL, YEAR 201 5.-For each fiscal year aft er fiscal year 201 5, th e Secretar y oHR 6 EH AMERICA!\ pVERSIGHT 969 CEQ050FY18091 _000000439 CEQ-18-0173-C-001007 967 1 "( ,riii) $8,100,000 ,000 m th e case of royalties received in fiscal yea r 2013. 2 3 "( ix) $9,000 ,000 ,000 in th e case of royalti es received in fiscal year 2014. 4 5 " (x) $7,500 ,000 ,000 in th e case of 6 r 2015. rovalti es received in fiscal vea. u u 7 " (B) Notwith standin g? section 9, all quali- 8 fied out e1~ Contin ental shelf revenu es attrib- 9 utab le to bonu s bids received by t he United 10 Stat es in each of t he fiscal year s 2006 thr ough 11 2015 that ar c in excess of $880,000 ,000. 12 " (C) Not,,rith standin g section 9, in addi- 13 tion to amount s deposited und er subpara graph s 14 (A) and (B ), $35,000 ,000 of amount s received 15 by tb e Unjt ed Stat es each fiscal year as royal- 16 ties for oil or gas production on th e out er Con- 17 tin ental Shelf. " (D) All int er est earn ed und er paragraph 18 19 ( 4) . 20 In no event shalJ deposits und er subp ara graph s (A) 21 throu gh (C) tot al mor e than $50,000 ,000 per fiscal 22 vear. oI 23 24 " (3) DBPO SI'l' S AF'TER FI SCAL, YEAR 201 5.-For each fiscal year aft er fiscal year 201 5, th e Secretar y oHR 6 EH AMERICA!\ pVERSIGHT 969 CEQ050FY18091 _000000439 CEQ-18-0173-C-001007 968 1 of the 1 reasury shall deposit into the Fund th e fol- 3 "(A) 25 percent of qualified outer Conti- 4 nental Shelf revenues received by t he United 5 States in the preceding fiscal year . 1 "(B) All int erest earn ed trndcr para graph 6 7 (4). 8 " (4) l J\f\TE8'PlVlEN'l' .-The Secretary of th e 9 Treasmy shall invest moneys in the Fund (including 10 interest) in public debt securiti es v1rit h matur ities 11 suitabl e to the needs of the Fund , as det ermined by 12 the Secretary of th e Tr easury, and bear ing interest 13 at r ates determi ned by the Secretary of the Tr eas- 14 ury, tak ing int o consideration current market yields 15 on outstancling mark etab le obligati ons of the Unit ed 16 States of comparab le maturit y. Such invested mon- 17 eys shall remain invested until needed to meet re- 18 quir ernent s for disbur sement und er this section. 19 "(c) 20 USE OF SECUR E E J\TERGY REI NVESTlVillNT FU ND .- 21 "( 1) I N OENERAL .- (A) rrh e Secretary sha11u se 22 amount s in the Fm 1cl rema ining after th e application 23 of subsection (d) to pay to each Coasta l En ergy 24 State, and to coastal political subdivisions of such 25 Stat e, the amount allocated to the Sta te or coastal oHR 6 EH AMERICA!\ pVERSIGHT 970 CEQ050FY18091 _000000439 CEQ-18-0173-C-001008 968 1 of the 1 reasury shall deposit into the Fund th e fol- 3 "(A) 25 percent of qualified outer Conti- 4 nental Shelf revenues received by t he United 5 States in the preceding fiscal year . 1 6 "(B) All int erest earn ed trndcr para graph 7 (4). 8 " (4) l J\f\TE8'PlVlEN'l' .-The Secretary of th e 9 Treasmy shall invest moneys in the Fund (including 10 interest) in public debt securiti es v1rit h matur ities 11 suitabl e to the needs of the Fund , as det ermined by 12 the Secretary of th e Tr easury, and bear ing interest 13 at r ates determi ned by the Secretary of the Tr eas- 14 ury, tak ing int o consideration current market yields 15 on outstancling mark etab le obligati ons of the Unit ed 16 States of comparab le maturit y. Such invested mon- 17 eys shall remain invested until needed to meet re- 18 quir ernent s for disbur sement und er this section. 19 "(c) 20 USE OF SECUR E E J\TERGY REI NVESTlVillNT FU ND .- 21 "( 1) I N OENERAL .- (A) rrh e Secretary sha11u se 22 amount s in the Fm 1cl rema ining after th e application 23 of subsection (d) to pay to each Coasta l En ergy 24 State, and to coastal political subdivisions of such 25 Stat e, the amount allocated to the Sta te or coastal oHR 6 EH AMERICA!\ pVERSIGHT 970 CEQ050FY18091 _000000439 CEQ-18-0173-C-001008 969 1 political subdi vision , respectively, und er thi s sub- 2 section. 3 " (B) Th e Secretar y shall mak e payment s und er 4 thi s paragraph in December of 2006 , and of each 5 year th ereaft er , from revenu es received by the 6 Unit ed Stat es in th e pr eceding fiscal year. 7 " (2) A.I,L,0CNrI0 N.-Th e Secretary shall allo- 8 cat e amount s deposited into th e Fund in a fiscal 9 year , and other amount s determin ed by th e Sec- 10 retar y to be available, among Coastal En ergy Stat es, 11 and to coast al political subdi visions of su ch Stat es, 12 as follows: 13 " (A)(i.) Th e allocation for each Coastal En- 14 ergy State shaJl be ca]cuJated based on th e ra tio 15 of qualified out er Contin ental Shelf revenues 16 generat ed off th e coastlin e of the Coasta l En- 17 ergy Stat e t o th e qualified outer Continental 18 Shelf revenu es generat ed off th e coastlin es of 19 all Coastal En ergy States for th e pr eceding fis- 20 cal year . 21 " (ii) F or pmi:wses of this subpara graph , 22 qualifi ed outer Continental Shelf revenues shall 23 be considered t o be gener ated off the coastline 24 of a Coastal En ergy Stat e if th e geographi c 25 cente r of th e lease tr act from which th e reve- oHR 6 EH AMERICA!\ pVERSIGHT 971 CEQ050FY18091 _000000439 CEQ-18-0173-C-001009 969 1 political subdi vision , respectively, und er thi s sub- 2 section. 3 " (B) Th e Secretar y shall mak e payment s und er 4 thi s paragraph in December of 2006 , and of each 5 year th ereaft er , from revenu es received by the 6 Unit ed Stat es in th e pr eceding fiscal year. 7 " (2) A.I,L,0CNrI0 N.-Th e Secretary shall allo- 8 cat e amount s deposited into th e Fund in a fiscal 9 year , and other amount s determin ed by th e Sec- 10 retar y to be available, among Coastal En ergy Stat es, 11 and to coast al political subdi visions of su ch Stat es, 12 as follows: 13 " (A)(i.) Th e allocation for each Coastal En- 14 ergy State shaJl be ca]cuJated based on th e ra tio 15 of qualified out er Contin ental Shelf revenues 16 generat ed off th e coastlin e of the Coasta l En- 17 ergy Stat e t o th e qualified outer Continental 18 Shelf revenu es generat ed off th e coastlin es of 19 all Coastal En ergy States for th e pr eceding fis- 20 cal year . 21 " (ii) F or pmi:wses of this subpara graph , 22 qualifi ed outer Continental Shelf revenues shall 23 be considered t o be gener ated off the coastline 24 of a Coastal En ergy Stat e if th e geographi c 25 cente r of th e lease tr act from which th e reve- oHR 6 EH AMERICA!\ pVERSIGHT 971 CEQ050FY18091 _000000439 CEQ-18-0173-C-001009 970 1 nu es are generat ed 1s located within th e area 2 formed by the e},..rte nsion of th e St ate's seaward 3 lateral boundari es. "( B) 35 percent of each Coasta l Energ y 4 5 State's 6 subparagTap h (A) shall be allocat ed among and 7 pa id dir ectly to th e coastal politi cal subdivisions 8 of th e State by th e Secretar y based on th e fol- 9 lowing form ula: allocable shar e as determin ed und er 10 "( i) 25 percent shall be allocated 11 based on the ratio of each coast al politi cal 12 subdivision's 13 coastal population of all coastal political 14 subdivisions of the Coasta l En ergy State. coasta l populat ion to th e 15 "( ii) 25 percent shalJ be aJJocated 16 based on th e rat io of each coastal politi cal 17 subdivision's coastline miles to the coast - 18 line miles of all coastal political subdivi- 19 sions of the Stat e. In th e case of a coastal 20 political subdivision ?without a coastline, 21 the coastlin e of th e political subdivision for 22 purpo ses of this clause shall be one-tl 1ird 23 the average lengt h of t he coastlin e of the 24 other coastal political subdi visions of the 25 Stat e. oHR 6 EH AMERICA!\ pVERSIGHT 972 CEQ050FY18091 _000000439 CEQ-18-0173-C-001010 970 1 nu es are generat ed 1s located within th e area 2 formed by the e},..rte nsion of th e St ate's seaward 3 lateral boundari es. "( B) 35 percent of each Coasta l Energ y 4 5 State's 6 subparagTap h (A) shall be allocat ed among and 7 pa id dir ectly to th e coastal politi cal subdivisions 8 of th e State by th e Secretar y based on th e fol- 9 lowing form ula: allocable shar e as determin ed und er 10 "( i) 25 percent shall be allocated 11 based on the ratio of each coast al politi cal 12 subdivision's 13 coastal population of all coastal political 14 subdivisions of the Coasta l En ergy State. coasta l populat ion to th e 15 "( ii) 25 percent shalJ be aJJocated 16 based on th e rat io of each coastal politi cal 17 subdivision's coastline miles to the coast - 18 line miles of all coastal political subdivi- 19 sions of the Stat e. In th e case of a coastal 20 political subdivision ?without a coastline, 21 the coastlin e of th e political subdivision for 22 purpo ses of this clause shall be one-tl 1ird 23 the average lengt h of t he coastlin e of the 24 other coastal political subdi visions of the 25 Stat e. oHR 6 EH AMERICA!\ pVERSIGHT 972 CEQ050FY18091 _000000439 CEQ-18-0173-C-001010 971 1 "( iii) 50 percent shall be allocated 2 based on a formula that allocat es 75 per- 3 cent of th e fuulored in the 10 lavvfttl mann er requested by th e lessee, or (2) if e>-1) lored 11 resulting in a conunercial discovery is not allowed t o be 12 developed or produc ed in th e lawfnl mann er requested by 13 th e lessee, shall, upon the wTitten request of th e lessee 14 and a findin g by th e Secretar y that such lease qualifies, 15 be authori zed for repu rchase and cancelled by th e Sec- 16 retar y. If a permit , approval, or appeal has been expr essly 17 denied and th e pr oposal of th e lessee is found by th e Sec- 18 retar y not to have been in compliance with law, th e lessee 19 shall not be entitl ed to ha ve the lease repur cha sed and 20 cancelled. However , if the lessee alleges that the Govern- 21 ment has failed to act on a pr oposal of th e lessee within 22 th e applicable period of time, the Secretar y shall make no 23 inquiry or determination as to wheth er the content s of the 24 request complied with th e law, and the Secretar y shall re25 stri ct th e Secretar y's findings to wheth er or not th e Gov26 ernment failed to act within th e applicable period of time. oHR 6 EH AMERICA!\ pVERSIGHT 974 CEQ050 FY18091_000000439 CEQ-18-0173-C-001012 972 1 SEC. 2054 . REPURCHASE 2 LOWED TO BE EXPLORED OR DEVELOPED. 3 4 OF LEASES THAT ARE NOT AL- (a) TAL N A U'l'I-IORITY TO Rl ~P UH.CHASE AN D CANC EL C E li- LEASES.-Not ?withstandin g any other provisions of 5 law, any F ederal oil and gas, geothermal, coal, oil shale, 6 or tar sand s lease, ,;vheth er onshore or offshor e, issued by 7 th e Secretar y, or unit s of such leases if unitiz ed, th at by 8 operation of law, including but not limited to clenial of a 9 permit r equest , (1) is not allm li1ed to be e}.._ i:>lored in the 10 lavvfttl mann er requested by th e lessee, or (2) if e>-1) lored 11 resulting in a conunercial discovery is not allowed t o be 12 developed or produc ed in th e lawfnl mann er requested by 13 th e lessee, shall, upon the wTitten request of th e lessee 14 and a findin g by th e Secretar y that such lease qualifies, 15 be authori zed for repu rchase and cancelled by th e Sec- 16 retar y. If a permit , approval, or appeal has been expr essly 17 denied and th e pr oposal of th e lessee is found by th e Sec- 18 retar y not to have been in compliance with law, th e lessee 19 shall not be entitl ed to ha ve the lease repur cha sed and 20 cancelled. However , if the lessee alleges that the Govern- 21 ment has failed to act on a pr oposal of th e lessee within 22 th e applicable period of time, the Secretar y shall make no 23 inquiry or determination as to wheth er the content s of the 24 request complied with th e law, and the Secretar y shall re25 stri ct th e Secretar y's findings to wheth er or not th e Gov26 ernment failed to act within th e applicable period of time. oHR 6 EH AMERICA!\ pVERSIGHT 974 CEQ050 FY18091_000000439 CEQ-18-0173-C-001012 973 1 rn, e Secretary shall make all decisjons und er this section 2 wjthin 180 days of request . The ar ea covered by any re3 pur chased and cancelled lease shall remain available for 4 future leasing UJiless otherwise prohibited by law. For pur5 poses of this section , failur e to act within a regulator y or 6 statutory time-frame, whether advisory or mandatory, or 7 if none, within a reasonab le period of time not t o exceed 8 180 days, on a permit request , administrative appeal, or 9 other request for approva l, shall be considered to meet th e 10 operation of law requir ement s of th is section . Furth er, 11 conditi ons of appr oval attached to permit app1?ovals shall 12 meet th e operation of law requir ement of this section if 13 such condition s are not mandated by statut e or regulation 14 and not agreed to by th e lessee. A lessee shall not be re- 15 qufred to exhau st administ rative remedies regardin g a per - 16 mit request , administrative appeal, or other requir ed re- 17 quest for approval for the purpo ses of th is section . 18 (b) DETERMI NA TIO N OF A COMlvIE RCIAL D IS- 19 C0VERY.-T he Secretary shall mak e any requir ed deter- 20 mination of t he existence of a conu11crcial resour ce dis- 21 covery. For oil and gas, a commercial discovery is a dis22 covet]' in paying quantiti es. 1'he Secretary shall be guided 23 in such a deter mination by precedent, and by written ad24 vice, including input from th e lessee. oHR 6 EH AMERICA!\ pVERSIGHT 975 CEQ050FY18091 _000000439 CEQ-18-0173-C-001013 973 1 rn, e Secretary shall make all decisjons und er this section 2 wjthin 180 days of request . The ar ea covered by any re3 pur chased and cancelled lease shall remain available for 4 future leasing UJiless otherwise prohibited by law. For pur5 poses of this section , failur e to act within a regulator y or 6 statutory time-frame, whether advisory or mandatory, or 7 if none, within a reasonab le period of time not t o exceed 8 180 days, on a permit request , administrative appeal, or 9 other request for approva l, shall be considered to meet th e 10 operation of law requir ement s of th is section . Furth er, 11 conditi ons of appr oval attached to permit app1?ovals shall 12 meet th e operation of law requir ement of this section if 13 such condition s are not mandated by statut e or regulation 14 and not agreed to by th e lessee. A lessee shall not be re- 15 qufred to exhau st administ rative remedies regardin g a per - 16 mit request , administrative appeal, or other requir ed re- 17 quest for approval for the purpo ses of th is section . 18 (b) DETERMI NA TIO N OF A COMlvIE RCIAL D IS- 19 C0VERY.-T he Secretary shall mak e any requir ed deter- 20 mination of t he existence of a conu11crcial resour ce dis- 21 covery. For oil and gas, a commercial discovery is a dis22 covet]' in paying quantiti es. 1'he Secretary shall be guided 23 in such a deter mination by precedent, and by written ad24 vice, including input from th e lessee. oHR 6 EH AMERICA!\ pVERSIGHT 975 CEQ050FY18091 _000000439 CEQ-18-0173-C-001013 974 1 (c) COMPBNSAT TON.-Upon author ization by th e Sec- 2 retar y of th e repurchase of a lease und er this section , a 3 lessee shall be compensated in th e amount of the tota l of 4 lease acquisition costs, rental s, seismic acquisition cost s, 5 ar cheological and environm ental studies, drilling costs, 6 and other reasonable eA'J)e nses on the lease, including ex7 pen ses incurr ed in th e r epur chas e process, to th e extent 8 that th e lessee ha s not previou sly been compensated by 9 th e United States for such e~q)cnses. The lessee shall not 10 be compensated for general overhead eA'})e nses, employee 11 salari es, or int erest . If the lessee is an assignee, th e lessee 12 may not claim the expenses of his assignor. Compensat ion 13 shall be in th e form of a check or electronic transfer from 14 the Departm ent of th e 'l"rcasury from fund s deposited into 15 mjscellaneous receipts und er the authority of th e sa me Act 16 that authorized the issuanc e of th e lease being repur- 17 cha se.1 Jloration for or 5 produ ction of oil and gas on th e Coast al Plain und er 6 thi s titl e. 7 (2) EI , IGJBIJB EN'l'JTIES.-rfh e North Slope 8 Borou gh, Kaktovik , and oth er borough s, muni cipal 9 subdivisions, villages, and any other communit y or- 10 ganiz cd und er Alaska Stat e law shall be eligible for 11 finan cial assistan ce und er this section. 12 (b) USE OF As SISTJ\NCE.-Finan cia] assistan ce 13 und er thi s section may be u sed only for14 (]) plannin g for mitigatio n of the pot ential cf- 15 fects of oiJ and gas exploration and development on 16 emriromnental , social, cultural , recreational and sub- 17 sist encc values; (2) implementing mitigation plan s and mam - 18 19 tainin g mitigation pr oj ects; 20 (3) developing, carry ing out , and maintain ing 21 prQjects and pr ogr ams that provide new or e}.._1)3nd ed 22 public facilities and services to address needs and 23 prob lems associated with such effects, includin g fire- 24 fight ing , police, ,... ,at cr , waste tr eatm ent , rncdivac, 25 and medical services; and oHR 6 EH AMERICA!\ pVERSIGHT 1008 CEQ050FY1 8091_000000439 CEQ-18-0173-C-001046 1006 1 ernm ent Impa ct Aid Assistan ce Fund establi shed by 2 subs ection (d) to provide timely finan cial assistan ce 3 to entitie s that aTe eligible under para graph (2) and 4 that ar c directly impa cted by th e c>.1 Jloration for or 5 produ ction of oil and gas on th e Coast al Plain und er 6 thi s titl e. 7 (2) EI , IGJBIJB EN'l'JTIES.-rfh e North Slope 8 Borou gh, Kaktovik , and oth er borough s, muni cipal 9 subdivisions, villages, and any other communit y or- 10 ganiz cd und er Alaska Stat e law shall be eligible for 11 finan cial assistan ce und er this section. 12 (b) USE OF As SISTJ\NCE.-Finan cia] assistan ce 13 und er thi s section may be u sed only for14 (]) plannin g for mitigatio n of the pot ential cf- 15 fects of oiJ and gas exploration and development on 16 emriromnental , social, cultural , recreational and sub- 17 sist encc values; (2) implementing mitigation plan s and mam - 18 19 tainin g mitigation pr oj ects; 20 (3) developing, carry ing out , and maintain ing 21 prQjects and pr ogr ams that provide new or e}.._1)3nd ed 22 public facilities and services to address needs and 23 prob lems associated with such effects, includin g fire- 24 fight ing , police, ,... ,at cr , waste tr eatm ent , rncdivac, 25 and medical services; and oHR 6 EH AMERICA!\ pVERSIGHT 1008 CEQ050FY1 8091_000000439 CEQ-18-0173-C-001046 1007 1 ( 4) estab lishn1ent of a coordination office, by 2 the North Slope Borough, in th e City of Ka ktovik, 3 ?which shall- 4 (A) coordinate with and advise developers 5 on local conditions , impact , and histor y of the 6 areas ubJiz ed for development; and 7 (B) provid e to the Committee on Resources 8 of the Senate and the Committee on Energy 9 and Resour ces of the Senate an annua l repo1-t 10 on the stat us of coordination 11 opers and the communitie s affected by devclop- 12 ment. 13 bet\~reen dcvel- (c) A.PPLICA'l'ION.- 14 (1) I N GENERAL.-A ny community that is eligi- 15 b]e for ass istanc e und er th_is sect ion may su bnut an 16 appli cation for such assistance to the Secr eta ry , in 17 su ch forrn and umler such procedures 18 reta r y may pr escribe by regulat ion . as the Sec- 19 (2) NORTII SLOPE BOROUG II COMl\ IUNITIES.- A 20 con1111m 1ity located in the North Slope Borough may 21 app ly for assistance und er tlus sect ion eith er direct ly 22 to the Secreta ry or thr ough the North Slope Bor- 23 ough. (3) APPLICATION ASSIS'l'A.NCE.- Th e Secretary 24 25 shall work closely ?with and assist the North Slope oHR 6 EH AMERICA!\ pVERSIGHT 1009 CEQ050FY18 091_000000439 CEQ-18-0173-C-001047 1007 1 ( 4) estab lishn1ent of a coordination office, by 2 the North Slope Borough, in th e City of Ka ktovik, 3 ?which shall- 4 (A) coordinate with and advise developers 5 on local conditions , impact , and histor y of the 6 areas ubJiz ed for development; and 7 (B) provid e to the Committee on Resources 8 of the Senate and the Committee on Energy 9 and Resour ces of the Senate an annua l repo1-t 10 on the stat us of coordination 11 opers and the communitie s affected by devclop- 12 ment. 13 bet\~reen dcvel- (c) A.PPLICA'l'ION.- 14 (1) I N GENERAL.-A ny community that is eligi- 15 b]e for ass istanc e und er th_is sect ion may su bnut an 16 appli cation for such assistance to the Secr eta ry , in 17 su ch forrn and umler such procedures 18 reta r y may pr escribe by regulat ion . as the Sec- 19 (2) NORTII SLOPE BOROUG II COMl\ IUNITIES.- A 20 con1111m 1ity located in the North Slope Borough may 21 app ly for assistance und er tlus sect ion eith er direct ly 22 to the Secreta ry or thr ough the North Slope Bor- 23 ough. (3) APPLICATION ASSIS'l'A.NCE.- Th e Secretary 24 25 shall work closely ?with and assist the North Slope oHR 6 EH AMERICA!\ pVERSIGHT 1009 CEQ050FY18 091_000000439 CEQ-18-0173-C-001047 1008 1 Borough and other communiti es eligible for assist - 2 ance und er thi s section in developing and submitt ing 3 applications for assistan ce under this section. 4 (d) E S'I'ABLI SIIMENT OF F UND .- 5 (1) IN GENERAL. - There is esta blished in the 6 'rr easury th e Coasta l Plain Local Governm ent Im- 7 pact Aid Assistance F\md. 8 (2) USE.-Arnount s in the fund may be used 9 only for provicling financia l assistance under thi s 10 section . 11 (3) DEPOSITS.- Subject to paragraph (4), there 12 shall be deposited into th e fund amounts received by 13 the United States as revenues derived from rent s, 14 bonuses, and royalties und er on leases and lease 15 sales authorized und er t his titl e. 16 17 ( 4) Lii\ifYrNI'IONON DEPOS!'rS.-The total amount in the fund may not exceed $11,000 ,000. 18 (5) INVESTMEN1' OF BALANCES.- Thc Scc- 19 rctary of th e Tr easur y shall invest amom1ts in the 20 fund in int erest bearing government secm?ities. 21 (e) AUTI-IORIZATION Of' A.PPROPRI ATIONS.-rro pr o- 22 vide finan cial assistance under thj s section there is author23 ized to be appropriated t o the Secretary from the Coasta l 24 Plain Local Governm ent Imp act Aid Assistance Fund 25 $5, 000 ,000 for each fiscal year . oHR 6 EH AMERICA!\ pVERSIGHT 1010 CEQ050FY18091 _000000439 CEQ-18-0173-C-001048 1008 1 Borough and other communiti es eligible for assist - 2 ance und er thi s section in developing and submitt ing 3 applications for assistan ce under this section. 4 (d) E S'I'ABLI SIIMENT OF F UND .- 5 (1) IN GENERAL. - There is esta blished in the 6 'rr easury th e Coasta l Plain Local Governm ent Im- 7 pact Aid Assistance F\md. 8 (2) USE.-Arnount s in the fund may be used 9 only for provicling financia l assistance under thi s 10 section . 11 (3) DEPOSITS.- Subject to paragraph (4), there 12 shall be deposited into th e fund amounts received by 13 the United States as revenues derived from rent s, 14 bonuses, and royalties und er on leases and lease 15 sales authorized und er t his titl e. 16 17 ( 4) Lii\ifYrNI'IONON DEPOS!'rS.-The total amount in the fund may not exceed $11,000 ,000. 18 (5) INVESTMEN1' OF BALANCES.- Thc Scc- 19 rctary of th e Tr easur y shall invest amom1ts in the 20 fund in int erest bearing government secm?ities. 21 (e) AUTI-IORIZATION Of' A.PPROPRI ATIONS.-rro pr o- 22 vide finan cial assistance under thj s section there is author23 ized to be appropriated t o the Secretary from the Coasta l 24 Plain Local Governm ent Imp act Aid Assistance Fund 25 $5, 000 ,000 for each fiscal year . oHR 6 EH AMERICA!\ pVERSIGHT 1010 CEQ050FY18091 _000000439 CEQ-18-0173-C-001048 1009 1 2 TITLE XXIII-SET AMERICA FREE (SAFE) 3 SEC. 2301. SHORT TITLE. 4 This tit le may be cit ed as the " Set Arnerica l~ree Act 5 of 2005 " or th e '(SAFE Act " . 6 SEC. 2302. FINDINGS. 7 Congress finds th e folim,vin g: 8 (1) The thr ee contiguous North American coun- 9 tr ies of Canada , Mexico, and th e Unit ed Stat es 10 shar e many economic, environmenta l, and sectu-ity 11 int erests, including being among each oth ers' largest 12 tradin g partn ers, similar int erest s in clean air and 13 clean water , concel'n about infiltr ation of terrori sts 14 fr om na tions th at host terrori st organizations, and 15 int erdependent economic systems. 16 (2) North American energy self-suffi ciency is 17 consistent with th e shar ed int erest s of th e thr ee con- 18 tiguou s North American countri es and should be 19 achieved throu gh meth ods th at recogni ze and respect 20 th e sovereignty of each of th e thr ee conti gu ous 21 North A.Jnerican countri es. 22 (3) The En ergy Informati on Administration 23 (EIA) , in it s April 2004 Int ernati onal En ergy Out- 24 look, pr oj ects that world energy consumpti on will in- 25 crease by 54 percent from 2001 to 2025 and that oHR 6 EH AMERICA!\ pVERSIGHT 1011 CEQ050FY18091 _000000439 CEQ-18-0173-C-001049 1009 1 2 TITLE XXIII-SET AMERICA FREE (SAFE) 3 SEC. 2301. SHORT TITLE. 4 This tit le may be cit ed as the " Set Arnerica l~ree Act 5 of 2005 " or th e '(SAFE Act " . 6 SEC. 2302. FINDINGS. 7 Congress finds th e folim,vin g: 8 (1) The thr ee contiguous North American coun- 9 tr ies of Canada , Mexico, and th e Unit ed Stat es 10 shar e many economic, environmenta l, and sectu-ity 11 int erests, including being among each oth ers' largest 12 tradin g partn ers, similar int erest s in clean air and 13 clean water , concel'n about infiltr ation of terrori sts 14 fr om na tions th at host terrori st organizations, and 15 int erdependent economic systems. 16 (2) North American energy self-suffi ciency is 17 consistent with th e shar ed int erest s of th e thr ee con- 18 tiguou s North American countri es and should be 19 achieved throu gh meth ods th at recogni ze and respect 20 th e sovereignty of each of th e thr ee conti gu ous 21 North A.Jnerican countri es. 22 (3) The En ergy Informati on Administration 23 (EIA) , in it s April 2004 Int ernati onal En ergy Out- 24 look, pr oj ects that world energy consumpti on will in- 25 crease by 54 percent from 2001 to 2025 and that oHR 6 EH AMERICA!\ pVERSIGHT 1011 CEQ050FY18091 _000000439 CEQ-18-0173-C-001049 1010 1 world oil consumption '"rill rise from 77 million bar - 2 rels per day (1\/ Imbb]/d) in 2001 to 121 lV Irnbb]/d in 3 202 5. 4 (4) In th e same report , ELA. proj ects that , with - 5 out a chang e in governm ent al policy, the Unit ed 6 Stat es oil consmnpt ion v.rillrise by 44.4 percent from 7 19.6 lVImbbl/d (7.15 biUion barr els per year (Bbb]/ 8 y)) in 2001 to 28.3 J\[mbb]/d (10.33 Bbb]/y) in 9 202 5, and that th e oil consumption of th e thr ee con- 10 tiguous Nort h American countr ies of Canada , Mex- 11 ico, and th e Unit ed State s (in thi s titl e referr ed to 12 as th e '(thr ee conti guous North American coun- 13 tri es" ) ,~Jl rise by 47.2 percent from 23.5 lVImbb]/ 14 d (8.58 Bbbl/y) in 2001 (30.5 per cent of world con- 15 sumption ) to 34.6 1\/Imbbl/d (12.6 BLbl/y) in 2025 16 (28.6 percent of world consumption ). 17 ( 5) EIA. prQjects that , without a chan ge in gov- 18 crnrnental policy, oil production in th e thTee contig- 19 uous North American countri es will rise by 18.8 per- 20 cent from 15.4 J\lfmbbl/d (5.6 Bbbl/y) in 2001 (19.4 21 percent of vi1orld pr oduction ) to 18.3 lV Imbbl/d (6.7 22 Bbb]/y) in 2025 (14. 5 percent of world produ ction ). 23 (6) EIA. proj ects that , v,rithout a change in gov- 24 ernm ental policy, th e thr ee contiguou s North Amer- 25 ican countri es cont ain 492.7 Bbbls of oil resour ces oHR 6 EH AMERICA!\ pVERSIGHT 1012 CEQ050 FY18091_000000439 CEQ-18-0173-C-001050 1010 1 world oil consumption '"rill rise from 77 million bar - 2 rels per day (1\/ Imbb]/d) in 2001 to 121 lV Irnbb]/d in 3 202 5. 4 (4) In th e same report , ELA. proj ects that , with - 5 out a chang e in governm ent al policy, the Unit ed 6 Stat es oil consmnpt ion v.rillrise by 44.4 percent from 7 19.6 lVImbbl/d (7.15 biUion barr els per year (Bbb]/ 8 y)) in 2001 to 28.3 J\[mbb]/d (10.33 Bbb]/y) in 9 202 5, and that th e oil consumption of th e thr ee con- 10 tiguous Nort h American countr ies of Canada , Mex- 11 ico, and th e Unit ed State s (in thi s titl e referr ed to 12 as th e '(thr ee conti guous North American coun- 13 tri es" ) ,~Jl rise by 47.2 percent from 23.5 lVImbb]/ 14 d (8.58 Bbbl/y) in 2001 (30.5 per cent of world con- 15 sumption ) to 34.6 1\/Imbbl/d (12.6 BLbl/y) in 2025 16 (28.6 percent of world consumption ). 17 ( 5) EIA. prQjects that , without a chan ge in gov- 18 crnrnental policy, oil production in th e thTee contig- 19 uous North American countri es will rise by 18.8 per- 20 cent from 15.4 J\lfmbbl/d (5.6 Bbbl/y) in 2001 (19.4 21 percent of vi1orld pr oduction ) to 18.3 lV Imbbl/d (6.7 22 Bbb]/y) in 2025 (14. 5 percent of world produ ction ). 23 (6) EIA. proj ects that , v,rithout a change in gov- 24 ernm ental policy, th e thr ee contiguou s North Amer- 25 ican countri es cont ain 492.7 Bbbls of oil resour ces oHR 6 EH AMERICA!\ pVERSIGHT 1012 CEQ050 FY18091_000000439 CEQ-18-0173-C-001050 1011 1 (16.8 percent of tota1 world oil resm.u?ces) (not in- 2 eluding un conventional oil resour ces such as United 3 States oil shale or the overwhelming majority of Ca- 4 nadian oil sand s) at the base case oil price, which 5 represent s sufficient oil to fully supply the needs of 6 th e thr ee contiguous North American countri es for 7 57.4 years based on 200 1 oil consumption and 39.1 8 year s ba sed on projected 2025 oil consumption, re- 9 sulting in an average of approximately 48 years of 10 full supply. 11 (7) In th e same l'eport , EI.A projects that , ?with- 12 out a chan ge in governrnenta 1 policy, the Unit ed 13 States natural gas consumption ?will ri.se by 38 .9 14 percent from 22.6 trillion cubic feet per year (rrcf/ 15 y) in 2001 to 31.4 rr cf/y in 2025, and that the nat- 16 ural gas consumption of the three conti guous North 17 American countri.es wiJl rise by 48.0 percent from 18 26 .9 Tcf/y in 2001 (29 .3 percent of world consump - 19 tion) to 39.8 Tcf/y in 2025 (26.3 percent of world 20 consumpti on). 21 (8) EIA prQjects that, ?with out a chan ge in gov- 22 ernmentaJ policy, natural gas produ ction in the tln-ee 23 contig uous North American countri es will rise by 24 21.7 percent from 27.6 Tcf/y in 200 1 (30 .3 percent 25 of world produ ction) to 33 .6 Tcf/y in 2025 (22 .3 oHR 6 EH AMERICA!\ pVERSIGHT 1013 CEQ050FY18091 _000000439 CEQ-18-0173-C-001051 1011 1 (16.8 percent of tota1 world oil resm.u?ces) (not in- 2 eluding un conventional oil resour ces such as United 3 States oil shale or the overwhelming majority of Ca- 4 nadian oil sand s) at the base case oil price, which 5 represent s sufficient oil to fully supply the needs of 6 th e thr ee contiguous North American countri es for 7 57.4 years based on 200 1 oil consumption and 39.1 8 year s ba sed on projected 2025 oil consumption, re- 9 sulting in an average of approximately 48 years of 10 full supply. 11 (7) In th e same l'eport , EI.A projects that , ?with- 12 out a chan ge in governrnenta 1 policy, the Unit ed 13 States natural gas consumption ?will ri.se by 38 .9 14 percent from 22.6 trillion cubic feet per year (rrcf/ 15 y) in 2001 to 31.4 rr cf/y in 2025, and that the nat- 16 ural gas consumption of the three conti guous North 17 American countri.es wiJl rise by 48.0 percent from 18 26 .9 Tcf/y in 2001 (29 .3 percent of world consump - 19 tion) to 39.8 Tcf/y in 2025 (26.3 percent of world 20 consumpti on). 21 (8) EIA prQjects that, ?with out a chan ge in gov- 22 ernmentaJ policy, natural gas produ ction in the tln-ee 23 contig uous North American countri es will rise by 24 21.7 percent from 27.6 Tcf/y in 200 1 (30 .3 percent 25 of world produ ction) to 33 .6 Tcf/y in 2025 (22 .3 oHR 6 EH AMERICA!\ pVERSIGHT 1013 CEQ050FY18091 _000000439 CEQ-18-0173-C-001051 1012 1 percent of world production), not including Alaskan 2 gas throug h th e natura l gas pipeline, gas from gas 3 hydrates, nor CA 1)anded coal gasification. The United 4 States Geological Survey estimates that natural gas 5 hydrat e re source s in-place tota l 169,000 Tcf in Alas- 6 ka and its surroundin g waters, and approximate ly 7 150,000 rr cf off th e lower-48 Atlantic, Pa cific, and 8 Gulf of 1\/ le:xico coastlines. 9 (9) The terrori st attacks m th e Unit ed States 10 on September 11, 200 1, and the subsequent eArpan- 11 sion of terrori st organ izat ions in regions out side of 12 Nort h America in areas that are major suppliers of 13 oil, and potentia l suppliers of liquified natu ral gas, 14 to th e Unit ed States have sig11ificant ly increased th e 15 nationa l sectu?ity and homeland security risks to the 16 United States of relying upon oil and nattu?al gas 17 supp ly sources located outside of the thr ee contig- 18 nous North American countr ies. The Unit ed States 19 imports 60 percent of our oil supplies- th e highest in 20 history. Aft er Canada and 1\/ Icxico, th e largest oil 21 suppli ers to th e United St ates ar e Saudi Arab ia, 22 Venezuela, Nigeria , Ir aq, and .Algeria all of which 23 suffer from significant instab ility . 24 (10) According to published scientifi c, technical, 25 and economic reports, the thr ee contigu ou s Nort h oHR 6 EH AMERICA!\ pVERSIGHT 1014 CEQ050FY18091_000000439 CEQ-18-0173-C-001052 1012 1 percent of world production), not including Alaskan 2 gas throug h th e natura l gas pipeline, gas from gas 3 hydrates, nor CA 1)anded coal gasification. The United 4 States Geological Survey estimates that natural gas 5 hydrat e re source s in-place tota l 169,000 Tcf in Alas- 6 ka and its surroundin g waters, and approximate ly 7 150,000 rr cf off th e lower-48 Atlantic, Pa cific, and 8 Gulf of 1\/ le:xico coastlines. 9 (9) The terrori st attacks m th e Unit ed States 10 on September 11, 200 1, and the subsequent eArpan- 11 sion of terrori st organ izat ions in regions out side of 12 Nort h America in areas that are major suppliers of 13 oil, and potentia l suppliers of liquified natu ral gas, 14 to th e Unit ed States have sig11ificant ly increased th e 15 nationa l sectu?ity and homeland security risks to the 16 United States of relying upon oil and nattu?al gas 17 supp ly sources located outside of the thr ee contig- 18 nous North American countr ies. The Unit ed States 19 imports 60 percent of our oil supplies- th e highest in 20 Icxico, th e largest oil history. Aft er Canada and 1\/ 21 suppli ers to th e United St ates ar e Saudi Arab ia, 22 Venezuela, Nigeria , Ir aq, and .Algeria all of which 23 suffer from significant instab ility . 24 (10) According to published scientifi c, technical, 25 and economic reports, the thr ee contigu ou s Nort h oHR 6 EH AMERICA!\ pVERSIGHT 1014 CEQ050FY18091_000000439 CEQ-18-0173-C-001052 1013 1 American countri es have th e r esour ce ba se and t ech- 2 nical ability to increase production of oil by at least 3 15 l\/Imbbl/d by 2025 and 20 :01mbbl/d by 2030 even 4 before incr eases in coal liquifa ction , biofu els, gas-to- 5 liquids , and other method s of creating liquid sub- 6 st itu tes for crude oil and crude oil produ cts . 7 (11) Thi s in cr ease in North American oil pro- 8 du ction would be derived from a vari ety of r esour ces 9 includin g, among others - 10 (A) the United Stat es oil shal e resour ce 11 ba se (2 trillion barrels of oil in pla ce out of 2.6 12 trillion in the wor ld ) believed to be capabl e of 13 eventuall y produ cing 10 1\/ Imbbl/d for more than 14 100 years; 15 (B) th e Canadian AJberta oil sand s re- 16 sour ee ba se (1.7 trillion barr els of oil in pla ce), 17 also believed to be cap able of eventuaJJy pro- 18 du cing 10 l\lirnbbl/d for more than 100 year s; 19 (C) th e Un it ed Sta tes heavy oil resour ce 20 ba se (80 billion barr els of oil in place); 21 (D) th e remainin g 400 billion barrels of 22 conventional oil in place in th e Un ited States of 23 ?whi ch 60 billion barr els are potentially produc- 24 ible with advan ced CO2 enhan ced oil r ecovery 25 techn ology; oHR 6 EH AMERICA!\ pVERSIGHT 1015 CEQ050FY18091 _000000439 CEQ-18-0173-C-001053 1013 1 American countri es have th e r esour ce ba se and t ech- 2 nical ability to increase production of oil by at least 3 15 l\/Imbbl/d by 2025 and 20 :01mbbl/d by 2030 even 4 before incr eases in coal liquifa ction , biofu els, gas-to- 5 liquids , and other method s of creating liquid sub- 6 st itu tes for crude oil and crude oil produ cts . 7 (11) Thi s in cr ease in North American oil pro- 8 du ction would be derived from a vari ety of r esour ces 9 includin g, among others - 10 (A) the United Stat es oil shal e resour ce 11 ba se (2 trillion barrels of oil in pla ce out of 2.6 12 trillion in the wor ld ) believed to be capabl e of 13 eventuall y produ cing 10 1\/ Imbbl/d for more than 14 100 years; 15 (B) th e Canadian AJberta oil sand s re- 16 sour ee ba se (1.7 trillion barr els of oil in pla ce), 17 also believed to be cap able of eventuaJJy pro- 18 du cing 10 l\lirnbbl/d for more than 100 year s; 19 (C) th e Un it ed Sta tes heavy oil resour ce 20 ba se (80 billion barr els of oil in place); 21 (D) th e remainin g 400 billion barrels of 22 conventional oil in place in th e Un ited States of 23 ?whi ch 60 billion barr els are potentially produc- 24 ible with advan ced CO2 enhan ced oil r ecovery 25 techn ology; oHR 6 EH AMERICA!\ pVERSIGHT 1015 CEQ050FY18091 _000000439 CEQ-18-0173-C-001053 101 4 (E ) th e Un ited Stat es oil sands resour ce 1 base of 54 bilbon barr els of oil in place; 2 3 (F ) the Ar ctic National Wilcllife Refuge 4 Coasta l Plain ar ea (Al"\T\i VR) ?with a mean tech- 5 nically recoverable resour ce of more than 10 bil- 6 lion barr els of oil; 7 (G) th e Nationa l P etrol em11 Reserve-AJas - 8 ka (NPR -A) with a mean technically recover- 9 able resour ce of 9 .3 billion barrel s of oil; 10 (H ) th e 12-1 8 billion barr els of oil likely 11 to be produ cible in the Canad ian Atlanti c off- 12 shor e? 1 13 (I) th e extensive r esour ces of th e Canadia n 14 Arctic onshor e and offshor e; 15 (J) th e exten,.<:; ive r esotu ces in th e AJaskan 16 ATctic offshore and the out er Contin enta l Shelf 17 offshore th e ]ower-4 8 Un.ited Stat es; 18 (K) oth er CAi.e nsive oil res our ces in Canada 19 and th e Unite d Stat es; and 20 i,ensive oil 1?esotu-ces of l\!Icxico. (L ) the ex. 21 (12) In addition to being th e " Saudi Arabia " of 22 oil sha le with at least 75 per cent of th e world's oil 23 shal e resource ba se, the Unit ed St ates is also the 24 "S audi A.rabia" of coal. Th e EIA . estimat es that 25 total econorn.ically recoverabl e reser ves of coal oHR 6 EH AMERICA!\ pVERSIGHT 1016 CEQ050FY18 091_000000 439 CEQ-18-0173-C-001054 101 4 (E ) th e Un ited Stat es oil sands resour ce 1 base of 54 bilbon barr els of oil in place; 2 3 (F ) the Ar ctic National Wilcllife Refuge 4 Coasta l Plain ar ea (Al"\T\i VR) ?with a mean tech- 5 nically r ecoverable r esour ce of more than 10 bil- 6 lion barr els of oil; 7 (G) th e Nationa l P etrol em11 Reserve-AJas - 8 ka (NPR -A) with a mean technically recover- 9 able resour ce of 9 .3 billion barrel s of oil; 10 (H ) th e 12-1 8 billion barr els of oil likely 11 to be produ cible in the Canad ian Atlanti c off- 12 shor e? 1 13 (I) th e extensive r esour ces of th e Canadia n 14 Arctic onshor e and offshor e; 15 (J) th e exten,.<:; ive r esotu ces in th e AJaskan 16 ATctic offshore and the out er Contin enta l Shelf 17 offshore th e ]ower-4 8 Un.ited Stat es; 18 (K) oth er CAi.e nsive oil res our ces in Canada 19 and th e Unite d Stat es; and 20 (L ) the ex. i,ensive oil 1?esotu-ces of l\!Icxico. 21 (12) In addition to being th e " Saudi Arabia " of 22 oil sha le with at least 75 percent of th e wor ld's oil 23 shal e resource ba se, the Unit ed St ates is also the 24 "S audi A.rabia" of coal. Th e EIA . estimat es that 25 total econorn.ically recoverabl e reser ves of coal oHR 6 EH AMERICA!\ pVERSIGHT 1016 CEQ050FY18 091_000000 439 CEQ-18-0173-C-001054 1015 1 around th e wodd ar e curr ent consumption levels. 2 EIA estimat es tha t th e econ0111i cally recoverabl e coal 3 reserves of th e United States, at 25 percent of total 4 ?world reserves, arc th e largest in th e world. Total 5 Unit ed States coal resour ces ar e vast ly lar ger than 6 th e 270 billion short ton s of economically recoverable 7 reserves, and with new techno logy mu ch more could 8 economically be mad e available to supply our energy 9 needs. World con sumpti on of coal in 2001 was 5.26 10 billion short tons and is proj ected to grow to 7.57 11 billion short tons in 202 5. 70 percent of th e in- 12 creased world consumpti on is proj ected to be att rib- 13 ut able to Chin a a.nd Indi a. Unit ed States consump- 14 tion of coal in 200 ] was J.06 billion short tons and 15 is proj ected t o grow to 1.57 billion short ton s in 16 202 5. 17 (] 3) Growth in ,;i, rorld oil consumption has been 18 outst ripping growth in v.rorld produ ction of conven- 19 tional oil resources for several primary reasons, in- 20 eluding t hat conventi onaJ oil produ ction in most oil 21 produc ing countri es ha s peaked and is now declin - 22 ing, ancl developing nations such as China an d Indi a 23 are greatly accelerat ing thei r consumption of crude 24 oil. oHR 6 EH AMERICA!\ pVERSIGHT 1017 CEQ050 FY18091_000000439 CEQ-18-0173-C-001055 1015 1 around th e wodd ar e curr ent consumption levels. 2 EIA estimat es tha t th e econ0111i cally recoverabl e coal 3 reserves of th e United States, at 25 percent of total 4 ?world reserves, arc th e largest in th e world. Total 5 Unit ed States coal resour ces ar e vast ly lar ger than 6 th e 270 billion short ton s of economically recoverable 7 reserves, and with new techno logy mu ch more could 8 economically be mad e available to supply our energy 9 needs. World con sumpti on of coal in 2001 was 5.26 10 billion short tons and is proj ected to grow to 7.57 11 billion short tons in 202 5. 70 percent of th e in- 12 creased world consumpti on is proj ected to be att rib- 13 ut able to Chin a a.nd Indi a. Unit ed States consump- 14 tion of coal in 200 ] was J.06 billion short tons and 15 is proj ected t o grow to 1.57 billion short ton s in 16 202 5. 17 (] 3) Growth in ,;i, rorld oil consumption has been 18 outst ripping growth in v.rorld produ ction of conven- 19 tional oil resources for several primary reasons, in- 20 eluding t hat conventi onaJ oil produ ction in most oil 21 produc ing countri es ha s peaked and is now declin - 22 ing, ancl developing nations such as China an d Indi a 23 are greatly accelerat ing thei r consumption of crude 24 oil. oHR 6 EH AMERICA!\ pVERSIGHT 1017 CEQ050 FY18091_000000439 CEQ-18-0173-C-001055 1016 1 (14) rrhe recent increases in world oil prices arc 2 caused b~r the faster growth in demand over supp ly 3 and this trend is likely to continue because the re- 4 maining conventional oil is more difficult and expen- 5 sive to find and produce, and frequent ly not rcason- 6 ablv ,, available. 7 (15) rrhe Nationa l Int elligence Council, a.n advi- 8 sor to the Central Intelligence Agency, found in its 9 report , "Mapping the Global Future ," i\TIC 2004- 10 13, December 2004, that "Continu ed limited access 11 of the int ernationa l oil companies to major fields 12 could restra in thi s investment necessary for supp ly 13 to meet demand , however, and many of the areas- 14 the Caspian Sea, Venezuela, vVest Africa, and South 15 Chjna Sea-that 16 creased output involve substantia l political or eco- 17 nomic risk. Traditional supp lier s in the Middle Ea st 18 arc also incr easingly un stable. Thu s sharper 19 mand-dri ven competition for i-esources, pe1?haps ac- 20 compani ed by a major disruption of oil supplies, is 21 among th e key unc ertainti es. China and Ind ia, which 22 lack adequate domestic energy resourc es, wiJl have 23 to ensure cont inued access to outside suppli ers; thus, 24 th e need for energy will be a major factor in shaping are being count ed on to provide in - de- oHR 6 EH AMERICA!\ pVERSIGHT 1018 CEQ050 FY18091_000000439 CEQ-18-0173-C-001056 1016 1 (14) rrhe recent increases in world oil prices arc 2 caused b~r the faster growth in demand over supp ly 3 and this trend is likely to continue because the re- 4 maining conventional oil is more difficult and expen- 5 sive to find and produce, and frequent ly not rcason- 6 ablv ,, available. 7 (15) rrhe Nationa l Int elligence Council, a.n advi- 8 sor to the Central Intelligence Agency, found in its 9 report , "Mapping the Global Future ," i\TIC 2004- 10 13, December 2004, that "Continu ed limited access 11 of the int ernationa l oil companies to major fields 12 could restra in thi s investment necessary for supp ly 13 to meet demand , however, and many of the areas- 14 the Caspian Sea, Venezuela, vVest Africa, and South 15 Chjna Sea-that 16 creased output involve substantia l political or eco- 17 nomic risk. Traditional supp lier s in the Middle Ea st 18 arc also incr easingly un stable. Thu s sharper 19 mand-dri ven competition for i-esources, pe1?haps ac- 20 compani ed by a major disruption of oil supplies, is 21 among th e key unc ertainti es. China and Ind ia, which 22 lack adequate domestic energy resourc es, wiJl have 23 to ensure cont inued access to outside suppli ers; thus, 24 th e need for energy will be a major factor in shaping are being count ed on to provide in - de- oHR 6 EH AMERICA!\ pVERSIGHT 1018 CEQ050 FY18091_000000439 CEQ-18-0173-C-001056 1017 1 th eir foreig11 and defense policies, including exl)and- 2 ing naval power " . 3 (16) B ecause th e price of crude oil is set on a 4 ?world mark et basis, th e excess of world demand over 5 supply will continu e to drive up oil prices to levels 6 potentia lly severa l tim es those of today unle ss all na- 7 tions capable of produ cing significant quantiti es of 8 incr emental oil respond by ensuring such produ ction 9 is developed and available for consumption on an ex- 10 pedited ba sis. 11 (17) rrhe event ual, long-term solution is to 12 drastically reduce the world's reliance on oil as the 13 primar y fuel for tran sportation (40 percent of the 14 United Stat es consumption of oil is to power light 15 motor vehicles). 16 (J8) North America, ?while rna,'-.imizing th e pro- 17 duction of oil, must use the next 40 year s as a tran- 18 sition period to a more su stainab le energy model. 19 (19) The Unit ed Sta tes also has lar ge renew- 20 able energy resour ce potential including wind, geo- 21 th ermal , solar, bion1ass, ocean thermal , waves and 22 curr ent s, and hydroelectri c. rrh e EIA 's Jul y 2004 re- 23 port, "Renewable En ergy Tr ends 2003 ", f0tm.d that 24 renewable energy provided 6 percent of the Nation' s 25 ener gy supply in 200 3. rriic largest r enewable energy oHR 6 EH AMERICA!\ pVERSIGHT 1019 CEQ050FY1 8091_000000439 CEQ-18-0173-C-001057 1017 1 th eir foreig11 and defense policies, including exl)and- 2 ing naval power " . 3 (16) B ecause th e price of crude oil is set on a 4 ?world mark et basis, th e excess of world demand over 5 supply will continu e to drive up oil prices to levels 6 potentia lly severa l tim es those of today unle ss all na- 7 tions capable of produ cing significant quantiti es of 8 incr emental oil respond by ensuring such produ ction 9 is developed and available for consumption on an ex- 10 pedited ba sis. 11 (17) rrhe event ual, long-term solution is to 12 drastically reduce the world's reliance on oil as the 13 primar y fuel for tran sportation (40 percent of the 14 United Stat es consumption of oil is to power light 15 motor vehicles). 16 (J8) North America, ?while rna,'-.imizing th e pro- 17 duction of oil, must use the next 40 year s as a tran- 18 sition period to a more su stainab le energy model. 19 (19) The Unit ed Sta tes also has lar ge renew- 20 able energy resour ce potential including wind, geo- 21 th ermal , solar, bion1ass, ocean thermal , waves and 22 curr ent s, and hydroelectri c. rrh e EIA 's Jul y 2004 re- 23 port, "Renewable En ergy Tr ends 2003 ", f0tm.d that 24 renewable energy provided 6 percent of the Nation' s 25 ener gy supply in 200 3. rriic largest r enewable energy oHR 6 EH AMERICA!\ pVERSIGHT 1019 CEQ050FY1 8091_000000439 CEQ-18-0173-C-001057 1018 1 sour ce was bioma ss with 4 7 percent of th e renew- 2 ables total energy output, followed closely by hydro- 3 electri c with 45 percent , th en geothermal with 5 per- 4 cent, wind with 2 percent, and solar with 1 percent. 5 Technology is rapidl y advancing, positioning renew- 6 able energy to provide an increasing sha re of our en- 7 ergy supply in th e residential , cornmercjal, indu s- 8 trial , tran sport ation , and electric power sector s. Th e 9 United States public land s and ?wat er s compri se 2.25 10 billion acres, large portions of which may be avail- 11 able to rapidl y C} q)and thi s clean and ren ewable al- 12 ternati ve to fossil energy resour ces. Th ese lands 13 should be reviewed for their pot ential contribution to 14 our Nation's domestic energy securit y. 15 (20) Th e Unit ed States ha s the st rongest envi- 16 ronm ental safeguard s in the world, and our stand- 17 ards, science, and technology have proven that the 18 United Stat es can pr oduce energy in an enVIron- 19 mentally benign mann er , particula rly when com- 20 par ed with the lesser enviromnental standard s in 21 most foreign oil produ cing countri es. 22 (21) Th e 1999 Clinton Administ ration report , 23 "Envir onmental Benefit s of Advanced Oil and Gas 24 E1q)loration and Produ ction Technology," highlight s 25 the technologi cal achievements of th e United St ates oHR 6 EH AMERICA!\ pVERSIGHT 1020 CEQ050FY18091 _000000439 CEQ-18-0173-C-001058 1018 1 sour ce was bioma ss with 4 7 percent of th e renew- 2 ables total energy output, followed closely by hydro- 3 electri c with 45 percent , th en geothermal with 5 per- 4 cent, wind with 2 percent, and solar with 1 percent. 5 Technology is rapidl y advancing, positioning renew- 6 able energy to provide an increasing sha re of our en- 7 ergy supply in th e residential , cornmercjal, indu s- 8 trial , tran sport ation , and electric power sector s. Th e 9 United States public land s and ?wat er s compri se 2.25 10 billion acres, large portions of which may be avail- 11 able to rapidl y C} q)and thi s clean and ren ewable al- 12 ternati ve to fossil energy resour ces. Th ese lands 13 should be reviewed for their pot ential contribution to 14 our Nation's domestic energy securit y. 15 (20) Th e Unit ed States ha s the st rongest envi- 16 ronm ental safeguard s in the world, and our stand- 17 ards, science, and technology have proven that the 18 United Stat es can pr oduce energy in an enVIron- 19 mentally benign mann er , particula rly when com- 20 par ed with the lesser enviromnental standard s in 21 most foreign oil produ cing countri es. 22 (21) Th e 1999 Clinton Administ ration report , 23 "Envir onmental Benefit s of Advanced Oil and Gas 24 E1q)loration and Produ ction Technology," highlight s 25 the technologi cal achievements of th e United St ates oHR 6 EH AMERICA!\ pVERSIGHT 1020 CEQ050FY18091 _000000439 CEQ-18-0173-C-001058 1019 1 oil and gas indu stry. 2 awareness of th e significant and impr essive environ- 3 mental benefit s from new exploration and produ ction 4 (E&P) technology advances remains limited . . .. 5 We believe it is important to tell this remarkabl e 6 story of environm ental progress i.n E&P technology. 7 Greater awareness of th e indu stry's achi evements in 8 environmental prot ection v,rillprmride the conte:x--tfor 9 effective policy, and for informed decision making by 10 rn1e report noted, "public both th e private and public sector s." . 11 (22) 1\/ Iany .A. mericans believe the myth that 12 spills from oil and natural gas eA'])loration and pro- 13 duction are th e leading cause of oil pollution in the 14 oceans and the Nation's rivers and str eams. The re- 15 ality is that, to th e contrar y, in 2002 the Nat ional 16 Academy of Sciences found that offshore oil and nat- 17 ural gas e2qJlorat ion and produ ction accotmt for a 18 total of only 2 percent of th e oil in th e North Arner- 19 ican marin e environment; natural sour ces such as oil 20 seeps account for 63 percent of such oil; indu strial 21 and mun icipal discharg es, includin g urban run off, 22 account for 22 percent of such oil; atmospheric pol- 23 lution accounts for 8 percent of such oil; mar ine 24 tran sportation account s for 3 percent of such oil; oHR 6 EH AMERICA!\ pVERSIGHT 1021 CEQ050FY18091 _000000439 CEQ-18-0173-C-001059 1019 1 oil and gas indu stry. 2 awareness of th e significant and impr essive environ- 3 mental benefit s from new exploration and produ ction 4 (E&P) technology advances remains limited . . .. 5 We believe it is important to tell this remarkabl e 6 story of environm ental progress i.n E&P technology. 7 Greater awareness of th e indu stry's achi evements in 8 environmental prot ection v,rillprmride the conte:x--tfor 9 effective policy, and for informed decision making by 10 rn1e report noted, "public both th e private and public sector s." . 11 (22) 1\/ Iany .A. mericans believe the myth that 12 spills from oil and natural gas eA'])loration and pro- 13 duction are th e leading cause of oil pollution in the 14 oceans and the Nation's rivers and str eams. The re- 15 ality is that, to th e contrar y, in 2002 the Nat ional 16 Academy of Sciences found that offshore oil and nat- 17 ural gas e2qJlorat ion and produ ction accotmt for a 18 total of only 2 percent of th e oil in th e North Arner- 19 ican marin e environment; natural sour ces such as oil 20 seeps account for 63 percent of such oil; indu strial 21 and mun icipal discharg es, includin g urban run off, 22 account for 22 percent of such oil; atmospheric pol- 23 lution accounts for 8 percent of such oil; mar ine 24 tran sportation account s for 3 percent of such oil; oHR 6 EH AMERICA!\ pVERSIGHT 1021 CEQ050FY18091 _000000439 CEQ-18-0173-C-001059 1020 1 and recrea tional vessels account for 2 percent of 2 such oil. 3 (23) Various national securit y orgm1izations 4 and e::q)ert s have wm?ned th e United States of th e 5 escalati ng ri sks to our national securit y of relying on 6 tran soceanjc oil import s from un stabl e regions of the 7 world for a sign ificant part of 8 th ey have ur ged the Nation to redu ce it s dependence 9 on oil. Olff oil suppli es, and 10 (24) Polls consistently have found that a rnajor- 11 ity of individual s in the United States st rongly sup- 12 port r educing Olff reliance on foreign energy sour ces. 13 (25) A recent report on "En ergy and Na tional 14 Secur ity" issued by Sand ia Nat ional Laboratmi es, 15 SA}JD2003-32 87, Septembe r 2003, found th at our 16 national securit y is thr eatened by our continu ed reb- 17 ance on vast quantities of oil from un st able foreign 18 sour ces. The report found that supply disruption s, 19 cause d by terro rists or othenvise, could immecliately 20 remove man y millions of barr els of oil per day from 21 th e world supply, and noted that the EIA ha s esti- 22 mat ed that for every one million bbl/d of oil supply 23 disrupt ed, world oil prices might increase $3-$5 per 24 barr el. 25 iuclucling- Sandia found six soluti on options, oHR 6 EH AMERICA!\ pVERSIGHT 1022 CEQ050FY18091 _000000439 CEQ-18-0173-C-001060 1020 1 and recrea tional vessels account for 2 percent of 2 such oil. 3 (23) Various national securit y orgm1izations 4 and e::q)ert s have wm?ned th e United States of th e 5 escalati ng ri sks to our national securit y of relying on 6 tran soceanjc oil import s from un stabl e regions of the 7 world for a sign ificant part of 8 th ey have ur ged the Nation to redu ce it s dependence 9 on oil. Olff oil suppli es, and 10 (24) Polls consistently have found that a rnajor- 11 ity of individual s in the United States st rongly sup- 12 port r educing Olff reliance on foreign energy sour ces. 13 (25) A recent report on "En ergy and Na tional 14 Secur ity" issued by Sand ia Nat ional Laboratmi es, 15 SA}JD2003-32 87, Septembe r 2003, found th at our 16 national securit y is thr eatened by our continu ed reb- 17 ance on vast quantities of oil from un st able foreign 18 sour ces. The report found that supply disruption s, 19 cause d by terro rists or othenvise, could immecliately 20 remove man y millions of barr els of oil per day from 21 th e world supply, and noted that the EIA ha s esti- 22 mat ed that for every one million bbl/d of oil supply 23 disrupt ed, world oil prices might increase $3-$5 per 24 barr el. 25 iuclucling- Sandia found six soluti on options, oHR 6 EH AMERICA!\ pVERSIGHT 1022 CEQ050FY18091 _000000439 CEQ-18-0173-C-001060 1021 1 (A) n1aint enan ce of strategic reserves; 2 (B) support of foreign governm ent regin1es 3 likely to maintain produ ction; 4 (C) militar y deterr ence, protection, or 5 int ervention to secur e produ ction som?ces and 6 facilities; 7 (D) diversification of production sour ces; 8 (E) reduction of oil intensity through con- 9 servation or throu gh more efficient energy use; 10 and 11 (F) development and deployment of alternati ves to oil (or gas). 12 13 Sandia noted "that none of these measur es seems 14 likely to emerge fron1 business -as-usual rnarket pro c- 15 esses. Thu s i111pl ementation of these measures ,vill 16 usually requir e public policy decisions. In th e case of 17 the first three, they would be foreign and military 18 policy decisions; in the case of the latt er three, th ey 19 would be legal, regulat ory, or governm ental subsidy 20 decisions." . Sandia mentioned oil ::;hale and tar 21 san ds as potential diversified sour ces of oil supplies, 22 and hydrogen, coal, renewables, nuclear fission, and 23 methan e hydrat es as alternatives to oil. 24 25 (26) Pr esident Clinton concluded , on February 16, 1995, under section 232 of the Tr ade Expans ion oHR 6 EH AMERICA!\ pVERSIGHT 1023 CEQ050FY18091 _000000439 CEQ-18-0173-C-001061 1021 1 (A) n1aint enan ce of strategic reserves; 2 (B) support of foreign governm ent regin1es 3 likely to maintain produ ction; 4 (C) militar y deterr ence, protection, or 5 int ervention to secur e produ ction som?ces and 6 facilities; 7 (D) diversification of production sour ces; 8 (E) reduction of oil intensity through con- 9 servation or throu gh more efficient energy use; 10 and 11 (F) development and deployment of alternati ves to oil (or gas). 12 13 Sandia noted "that none of these measur es seems 14 likely to emerge fron1 business -as-usual rnarket pro c- 15 esses. Thu s i111pl ementation of these measures ,vill 16 usually requir e public policy decisions. In th e case of 17 the first three, they would be foreign and military 18 policy decisions; in the case of the latt er three, th ey 19 would be legal, regulat ory, or governm ental subsidy 20 decisions." . Sandia mentioned oil ::;hale and tar 21 san ds as potential diversified sour ces of oil supplies, 22 and hydrogen, coal, renewables, nuclear fission, and 23 methan e hydrat es as alternatives to oil. 24 25 (26) Pr esident Clinton concluded , on February 16, 1995, under section 232 of the Tr ade Expans ion oHR 6 EH AMERICA!\ pVERSIGHT 1023 CEQ050FY18091 _000000439 CEQ-18-0173-C-001061 1022 1 Act of 1962, that " * * * th e nation' s growing re]i- 2 ance on import s of crud e oil and refined pet roleum 3 produ ct s threaten th e nation' s securit y because th ey 4 incr ease U .S. vulnerabilit y to oil supply int errup- 5 tions ." . In 1994 crude oil import s vvere 7.051 million 6 barr els per day. On 1\/ Iarch 24, 2000, Pr esident Chn- 7 ton, upon -further r eview und er section 232, found , 8 "I have reviewed and approv ed th e findin gs of your 9 investigati ve report * * * that imports of crud e oil 10 thr eat en to impair the national sec1.u-ity ." . Betw een 11 th e two st at ement s by Pr esident Clinton , United 12 States crude oil import s increase d 21.6 percent to 13 8.58 1 million barr els per day in 199 9. 14 (27) Economi st s have found that while OPE C 15 1s an im.port ant sour ce of oil price increases, the 16 United States government is also partl y to blame be- 17 cause overly burd ensome governm ent regulation s 18 domestic energy mcploration , production, and sales 19 have support ed OPE C's monopoly power and re- 20 stricted competiti on from American energy compa- 21 ansive highly pro specnies, in addition to making CA'J) 22 tive areas off-limit s to leasing and produ ction. (28) In addition to jeopard izing 23 Olli" 011 national 24 and energy securi ty , importing the majorit y of our 25 oil also injur es 01.u-economic securit y . 'rh c Unit ed oHR 6 EH AMERICA!\ pVERSIGHT 1024 CEQ050FY18091 _000000439 CEQ-18-0173-C-001062 1022 1 Act of 1962, that " * * * th e nation' s growing re]i- 2 ance on import s of crud e oil and refined pet roleum 3 produ ct s threaten th e nation' s securit y because th ey 4 incr ease U .S. vulnerabilit y to oil supply int errup- 5 tions ." . In 1994 crude oil import s vvere 7.051 million 6 barr els per day. On 1\/ Iarch 24, 2000, Pr esident Chn- 7 ton, upon -further r eview und er section 232, found , 8 "I have reviewed and approv ed th e findin gs of your 9 investigati ve report * * * that imports of crud e oil 10 thr eat en to impair the national sec1.u-ity ." . Betw een 11 th e two st at ement s by Pr esident Clinton , United 12 States crude oil import s increase d 21.6 percent to 13 8.58 1 million barr els per day in 199 9. 14 (27) Economi st s have found that while OPE C 15 1s an im.port ant sour ce of oil price increases, the 16 United States government is also partl y to blame be- 17 cause overly burd ensome governm ent regulation s 18 domestic energy mcploration , production, and sales 19 have support ed OPE C's monopoly power and re- 20 stricted competiti on from American energy compa- 21 nies, in addition to making CA'J) ansive highly pro spec- 22 tive areas off-limit s to leasing and produ ction. (28) In addition to jeopard izing 23 Olli" 011 national 24 and energy securi ty , importing the majorit y of our 25 oil also injur es 01.u-economic securit y . 'rh c Unit ed oHR 6 EH AMERICA!\ pVERSIGHT 1024 CEQ050FY18091 _000000439 CEQ-18-0173-C-001062 1023 1 Stat es import ed approximat ely 4.7 billion barr els of 2 oil in 2004 , of which 1.4 billion barr els were from 3 Canada and l\ll ex:ico. Import ed energy creat es ve1y 4 few job s in th e Unit ed Stat es and makes only a ve1y 5 minor contribution to our Gross Domestic Produ ct 6 (GDP). If we substitut e North American produ ction 7 for th e remainin g 3.3 billion barr els of import s p er 8 year , at $40 per barr el th e new produ ction would 9 sell for $132 billion. A ?widely used commercial eco- 10 nomics model proj ects that GDP 0ttld increase by 11 $336 billion, creatin g 1,667 ,160 job s, each with an 12 avera ge total annual compensation of $50,356. Fur- 13 th er , such activity is projected to generat e appro::-6- 14 mat ely $22 billion in indir ect business taxes, includ- 15 ing sales, excise, and severance tax es. At a one- 16 eighth royalty, total royalty payment s to Tnineral 17 right s owners would approximate $16.5 bmion per 18 year . Furth er, our import ed energy repr esents more 19 than 25 percent of otu? int ernationa l trad e deficit . 20 American produ ction cottld eliminat e two-third s of 21 th e 25 percent , str ength ening our economy. \;1i1 22 SEC. 2303. PURPOSE . 23 The purp ose of this titl e is to establish a Unit ed 24 Stat es commission to make recommendation s for a coordi25 nated and compr ehensive North American energy policy oHR 6 EH AMERICA!\ pVERSIGHT 1025 CEQ050FY18091 _000000439 CEQ-18-0173-C-001063 1023 1 Stat es import ed approximat ely 4.7 billion barr els of 2 oil in 2004 , of which 1.4 billion barr els were from 3 Canada and l\ll ex:ico. Import ed energy creat es ve1y 4 few job s in th e Unit ed Stat es and makes only a ve1y 5 minor contribution to our Gross Domestic Produ ct 6 (GDP). If we substitut e North American produ ction 7 for th e remainin g 3.3 billion barr els of import s p er 8 year , at $40 per barr el th e new produ ction would 9 sell for $132 billion. A ?widely used commercial eco- 10 nomics model proj ects that GDP 0ttld increase by 11 $336 billion, creatin g 1,667 ,160 job s, each with an 12 avera ge total annual compensation of $50,356. Fur- 13 th er , such activity is projected to generat e appro::-6- 14 mat ely $22 billion in indir ect business taxes, includ- 15 ing sales, excise, and severance tax es. At a one- 16 eighth royalty, total royalty payment s to Tnineral 17 right s owners would approximate $16.5 bmion per 18 year . Furth er, our import ed energy repr esents more 19 than 25 percent of otu? int ernationa l trad e deficit . 20 American produ ction cottld eliminat e two-third s of 21 th e 25 percent , str ength ening our economy. \;1i1 22 SEC. 2303. PURPOSE . 23 The purp ose of this titl e is to establish a Unit ed 24 Stat es commission to make recommendation s for a coordi25 nated and compr ehensive North American energy policy oHR 6 EH AMERICA!\ pVERSIGHT 1025 CEQ050FY18091 _000000439 CEQ-18-0173-C-001063 1024 1 that "~11achieve ener gy self-suffi ciency by 2025 within the 2 thr ee conti guous North American nation area of Cana da, 3 Mexico, and th e United States . 4 SE C. 2304 . UNITED STATES COMMISSION ON NORTH AMER- 5 ICAN ENERGY FREEDOM. 6 (a) ES'I'AJ 3LISl-IMrnN'l'.-Th ere is hereby establi shed 7 th e Unit ed States Commission on North American En ergy 8 Fr eedom (in thi s title referred to as the "Co mmission") . 9 The F ederal Advisory Co1mnitt ec Act (5 U.S.C . App .), cx10 cept section s 3, 7, and 12, docs not apply to the Commis11 12 SIOn. (b) )\ifBMBBRSHIP.- 13 (1) APP01N'l'MENT.-rrhe Commission shall be 14 composed of 16 members appointed by th e Pr esident 15 from among individual s described in paragraph (2) 16 who are knmvledgeable on energy issues, including 17 oil and gas e}... 7)loration and production , crud e oil re- 18 fining, oil and gas pipelines, electricity production 19 and tran smission, coal , unconvent ional hydro carbon 20 rcsouTccs, fuel cells, motor vehicle pO\,ver systems, 21 nuclear energy, renewable energy, biofuels, energy 22 efficiency, and energy conservation. rrhe membership 23 of th e Commission shall be balan ced by area of ex- 24 pertise to th e CAi:e nt consistent ?with mainta ining the 25 highest level of e.Kperti sc on the Commission . Mem- oHR 6 EH AMERICA!\ pVERSIGHT 1026 CEQ050 FY18091_000000439 CEQ-18-0173-C-001064 1024 1 that "~11achieve ener gy self-suffi ciency by 2025 within the 2 thr ee conti guous North American nation area of Cana da, 3 Mexico, and th e United States . 4 SE C. 2304 . UNITED STATES COMMISSION ON NORTH AMER- 5 ICAN ENERGY FREEDOM. 6 (a) ES'I'AJ 3LISl-IMrnN'l'.-Th ere is hereby establi shed 7 th e Unit ed States Commission on North American En ergy 8 Fr eedom (in thi s title referred to as the "Co mmission") . 9 The F ederal Advisory Co1mnitt ec Act (5 U.S.C . App .), cx10 cept section s 3, 7, and 12, docs not apply to the Commis11 12 SIOn. (b) )\ifBMBBRSHIP.- 13 (1) APP01N'l'MENT.-rrhe Commission shall be 14 composed of 16 members appointed by th e Pr esident 15 from among individual s described in paragraph (2) 16 who are knmvledgeable on energy issues, including 17 oil and gas e}... 7)loration and production , crud e oil re- 18 fining, oil and gas pipelines, electricity production 19 and tran smission, coal , unconvent ional hydro carbon 20 rcsouTccs, fuel cells, motor vehicle pO\,ver systems, 21 nuclear energy, renewable energy, biofuels, energy 22 efficiency, and energy conservation. rrhe membership 23 of th e Commission shall be balan ced by area of ex- 24 pertise to th e CAi:e nt consistent ?with mainta ining the 25 highest level of e.Kperti sc on the Commission . Mem- oHR 6 EH AMERICA!\ pVERSIGHT 1026 CEQ050 FY18091_000000439 CEQ-18-0173-C-001064 1025 1 ber s of t he Commi ssion may be citiz ens of Canada, 2 :Mexico, or th e United States, 3 shall ensure that citizens of all three nation s ar c ap- 4 point ed to the Commission. and the Pr esident (2) N0l\'ITNA'rI0NS. - ~rh c Pr esident 5 shall ap- 6 poiJ1t th e n1ember s of the Conm1ission withjn 60 7 days after th e effective elate of thi s Act, in cludin g in- 8 dividua.ls nominated as follows: 9 (A) Four member s shall be appoint ed from 10 amongst inilividua ls ind ependently determin ed 11 by the Pr esident to be qua lified for appo int- 12 ment. 13 (B) Fo ur memb ers shall be appo int ed from 14 a list of eight individual s who shall be nomi- 15 nat ed by the majorit y leader of the Senate in 16 consultation 17 mit tec on Ener gy an d Natural Resour ces of th e 18 Senate . ,;i.~th th e chairman of th e Com- 19 (C) F our members shall be appoint ed from 20 a list of eight ind ividuals who shall be nomi- 21 nat ed by the Speaker of the Hou se of R ep- 22 r esent atives in consultation ,,~th the chairm en 23 of the Committees on En ergy and Commerce 24 and Resour ces of the H ouse of R epresentati ves . oHR 6 EH AMERICA!\ pVERSIGHT 1027 CEQ050FY18091 _000000439 CEQ-18-0173-C-001065 1025 1 ber s of t he Commi ssion may be citiz ens of Canada, 2 :Mexico, or th e United States, 3 shall ensure that citizens of all three nation s ar c ap- 4 point ed to the Commission. and the Pr esident (2) N0l\'ITNA'rI0NS. - ~rh c Pr esident 5 shall ap- 6 poiJ1t th e n1ember s of the Conm1ission withjn 60 7 days after th e effective elate of thi s Act, in cludin g in- 8 dividua.ls nominated as follows: 9 (A) Four member s shall be appoint ed from 10 amongst inilividua ls ind ependently determin ed 11 by the Pr esident to be qua lified for appo int- 12 ment. 13 (B) Fo ur memb ers shall be appo int ed from 14 a list of eight individual s who shall be nomi- 15 nat ed by the majorit y leader of the Senate in 16 consultation 17 mit tec on Ener gy an d Natural Resour ces of th e 18 Senate . ,;i.~th th e chairman of th e Com- 19 (C) F our members shall be appoint ed from 20 a list of eight ind ividuals who shall be nomi- 21 nat ed by the Speaker of the Hou se of R ep- 22 r esent atives in consultation ,,~th the chairm en 23 of the Committees on En ergy and Commerce 24 and Resour ces of the H ouse of R epresentati ves . oHR 6 EH AMERICA!\ pVERSIGHT 1027 CEQ050FY18091 _000000439 CEQ-18-0173-C-001065 1026 1 (D) 'r wo members shall b e appointed from 2 a Jist of four indivjdual s who sha ll be nominated 3 by the minorit y leader of the Senate in cou- 4 sulta tion with the ranking Member of th e Com- 5 mitt ee on En ergy and Natural Resom?ces of the 6 Senate. 7 (E) rr wo members shalJ be appointed from 8 a list of four individual s who shall be nomjnated 9 by th e minorit y leader of the Hou se in consulta- 10 tion with t he ranking Members of t he Conunit- 11 tees on En erg:y and Cmmnerce and Resour ces 12 of the House of Repr esentatives. 13 (3) CI-IAIRMAN.- rrhe chairman of the Cornmis- 14 sion shall be selected by the Pr esident. rn1e chair- 15 man of th e Conm1jssion shall be responsible for- 16 (..A) th e assignment of duti es and respon - 17 sibilities among staff personne l and their con- 18 tinujug sup ervision; and 19 (B) th e use and e:1.. 1)Cnilitur e of funds avail- 20 able to the Cornrnission . 21 (4) VACANCirns.-Any vacancy on the Commis- 22 sion shall be filled in th e sa me manne r as the origi- 23 nal incumb ent was appointed. 24 (c) RESOURCES.- In carr ying out its functions und er 25 tlu s section, the Conuni ssion- oHR 6 EH AMERICA!\ pVERSIGHT 1028 CEQ050FY18091 _000000439 CEQ-18-0173-C-001066 1026 1 (D) 'r wo members shall b e appointed from 2 a Jist of four indivjdual s who sha ll be nominated 3 by the minorit y leader of the Senate in cou- 4 sulta tion with the ranking Member of th e Com- 5 mitt ee on En ergy and Natural Resom?ces of the 6 Senate. 7 (E) rr wo members shalJ be appointed from 8 a list of four individual s who shall be nomjnated 9 by th e minorit y leader of the Hou se in consulta- 10 tion with t he ranking Members of t he Conunit- 11 tees on En erg:y and Cmmnerce and Resour ces 12 of the House of Repr esentatives. 13 (3) CI-IAIRMAN.- rrhe chairman of the Cornmis- 14 sion shall be selected by the Pr esident. rn1e chair- 15 man of th e Conm1jssion shall be responsible for- 16 (..A) th e assignment of duti es and respon - 17 sibilities among staff personne l and their con- 18 tinujug sup ervision; and 19 (B) th e use and e:1.. 1)Cnilitur e of funds avail- 20 able to the Cornrnission . 21 (4) VACANCirns.-Any vacancy on the Commis- 22 sion shall be filled in th e sa me manne r as the origi- 23 nal incumb ent was appointed. 24 (c) RESOURCES.- In carr ying out its functions und er 25 tlu s section, the Conuni ssion- oHR 6 EH AMERICA!\ pVERSIGHT 1028 CEQ050FY18091 _000000439 CEQ-18-0173-C-001066 1027 1 (1) 1s aut horized to secm?e directly from any 2 F ederaJ agency or departm ent any jnformatio n it 3 deems necessary t o carry out it s functions u nder this 4 Act , and each such agency or departme nt is aut hor- s izecl to cooper at e with the Commission and, to the 6 ext ent perrnitt ed by law, to furnjsh such informa tion 7 (other 8 552(b)( l )(A) of tit le 5, Unit ed Stat es Code) to the 9 Co1nmission, upon the 1?equest of th e Commission ; than informatio n described m section 10 (2) may enter into contracts, subject to the 11 availability of appropr iat ions for contra cting, and 12 1Jerts and consultant s as may be employ such st aff e>- 13 necessary to carry out th e duties of the Commission, 14 as pr O"\ridedby section 3109 of t itle 5, Unit ed Stat es 15 Code; and 16 (3) shall establish a mult idisciplinary sc1ence 17 and t ecln ucal achrisory panel of c.> qJcrts in th e field 18 of energy to assist th e Cornm.ission in preparing its 19 repor t, including ensuring that the scient ific and 20 technical informa tion considered by th e Commission 21 is ba sed on the best scient ific and technical informa - 22 tion available. 23 (d) STAlo' Io'ING.- The chair man of th e Commission 24 may, without regard to the civil service laws and regula25 tions, appoint and terminat e an execut ive dir ector and oHR 6 EH AMERICA!\ pVERSIGHT 1029 CEQ050FY18091_000000439 CEQ-18-0173-C-001067 1027 1 (1) 1s aut horized to secm?e directly from any 2 F ederaJ agency or departm ent any jnformatio n it 3 deems necessary t o carry out it s functions u nder this 4 Act , and each such agency or departme nt is aut hor- s izecl to cooper at e with the Commission and, to the 6 ext ent perrnitt ed by law, to furnjsh such informa tion 7 (other 8 552(b)( l )(A) of tit le 5, Unit ed Stat es Code) to the 9 Co1nmission, upon the 1?equest of th e Commission ; than informatio n described m section 10 (2) may enter into contracts, subject to the 11 availability of appropr iat ions for contra cting, and 12 employ such st aff e>1Jerts and consultant s as may be 13 necessary to carry out th e duties of the Commission, 14 as pr O"\ridedby section 3109 of t itle 5, Unit ed Stat es 15 Code; and 16 (3) shall establish a mult idisciplinary sc1ence 17 and t ecln ucal achrisory panel of c.> qJcrts in th e field 18 of energy to assist th e Cornm.ission in preparing its 19 repor t, including ensuring that the scient ific and 20 technical informa tion considered by th e Commission 21 is ba sed on the best scient ific and technical informa - 22 tion available. 23 (d) STAlo' Io'ING.- The chair man of th e Commission 24 may, without regard to the civil service laws and regula25 tion s, appoint and terminat e an execut ive dir ector and oHR 6 EH AMERICA!\ pVERSIGHT 1029 CEQ050FY18091_000000439 CEQ-18-0173-C-001067 1028 1 such other additiona l personn el as n1ay be necessary for 2 the Commission to perform its duti es. rrhe executive direc3 tor shall be compensated at a ra te not to exceed the rate 4 payable for Level IV of the Ex ecutive Schedule und er 5 chapt er 5136 of title 5, Un ited Stat es Code. rrhe chairman 6 shall select staff from among qua lified citizens of Canada , 7 lVIex:ico,and th e United States of America . 8 (e) )\lfEE'l'INGB.- 9 (1) ADMINISTRATION. - All meetings of th e 10 Commission shall be open to th e public, except that 11 a meeting or any porti on of it may be closed to the 12 pub lic if it concern s mat ters or information 13 scribed in section 552b(c) of titl e 5, United States 14 Code. Int erested persons sha11 be per mitt ed to ap- 15 pear at open meetings and present oral or vv1--itte n 16 stat ement s on th e subject matter of th e meetin g. 17 The Cornmission may administer oath s or affirma- 18 tions to any person appearing before it . 19 20 de- (2) NOTICE; MINUTES; PUBLIC AVAILABILITY OF DOCUlVIEN TS.- 21 (A) NO'l'ICE.-All open meetin gs of the 22 Commission shall be pr eceded by tim ely public 23 notice in the F edera l Register of the time, 24 pla ce, and subject of the meeting . oHR 6 EH AMERICA!\ pVERSIGHT 1030 CEQ050 FY18091_000000439 CEQ-18-0173-C-001068 1028 1 such other additiona l personn el as n1ay be necessary for 2 the Commission to perform its duti es. rrhe executive direc3 tor shall be compensated at a ra te not to exceed the rate 4 payable for Level IV of the Ex ecutive Schedule und er 5 chapt er 5136 of title 5, Un ited Stat es Code. rrhe chairman 6 shall select staff from among qua lified citizens of Canada , 7 lVIex:ico,and th e United States of America . 8 (e) )\lfEE'l'INGB.- 9 (1) ADMINISTRATION. - All meetings of th e 10 Commission shall be open to th e public, except that 11 a meeting or any porti on of it may be closed to the 12 pub lic if it concern s mat ters or information 13 scribed in section 552b(c) of titl e 5, United States 14 Code. Int erested persons sha11 be per mitt ed to ap- 15 pear at open meetings and present oral or vv1--itte n 16 stat ement s on th e subject matter of th e meetin g. 17 The Cornmission may administer oath s or affirma- 18 tions to any person appearing before it . 19 20 de- (2) NOTICE; MINUTES; PUBLIC AVAILABILITY OF DOCUlVIEN TS.- 21 (A) NO'l'ICE.-All open meetin gs of the 22 Commission shall be pr eceded by tim ely public 23 notice in the F edera l Register of the time, 24 pla ce, and subject of the meeting . oHR 6 EH AMERICA!\ pVERSIGHT 1030 CEQ050 FY18091_000000439 CEQ-18-0173-C-001068 1029 1 (B) 1\/IrNUTES.- lVIinut es of each meet ing 2 shaJJ be kept and sha ll contain a record of th e 3 people present, a description of th e discussion 4 that occtffred, and copies of all state ment s filed. 5 Subj ect to sect ion 552 of title 5, Unit ed States 6 Code, th e ntinutes and r ecord s of all meetin gs 7 and other docum ent s that v,,ere made avai lable 8 to or prepared 9 avai lable for publi c inspection and copying at a 10 singl e locat ion in th e offices of the Commi ssion . 11 .- Th e Commi ssion shall (3) l NI'l'IAL MEE'l'Il\fG 12 hold it s fir st meeting wit hin 30 days aft er all 16 13 members hav e been appoint ed. 14 (f) RrnPOR'r.-'1Vith in 12 months after th e effect ive for th e Commiss ion shall be 15 dat e of thi s Act, th e Comn1ission sha]] subrnjt to Congress 16 and th e Pr esident a final r eport of it s fin clings and rec - 17 ommendations r ega rdin g Nort h Amer ican energy freedom. 18 (g) AD MI N1S'rR ATI VE PR OCED URE FOR R EPO RT At\fD 19 REVIE\l\r.- Chaptcr 5 and chapt er 7 of tit le 5, Unit ed 20 States Code, do not app ly to the pr epara tion, review, or 21 submi ssion of th e report requir ed by sub sect ion (f). 22 (h ) Tii:Ri\IJNATION.- '"rh e Commi ssion shall cease to 23 exist 90 days after the date on which it submit s it s fina l 24 r eport. oHR 6 EH AMERICA!\ pVERSIGHT 1031 CEQ050FY18091 _000000439 CEQ-18-0173-C-001069 1029 1 (B) 1\/IrNUTES.- lVIinut es of each meet ing 2 shaJJ be kept and sha ll contain a record of th e 3 people present, a description of th e discussion 4 that occtffred, and copies of all state ment s filed. 5 Subj ect to sect ion 552 of title 5, Unit ed States 6 Code, th e ntinutes and r ecord s of all meetin gs 7 and other docum ent s that v,,ere made avai lable 8 to or prepared 9 avai lable for publi c inspection and copying at a 10 singl e locat ion in th e offices of the Commi ssion . 11 (3) l NI'l'IAL MEE'l'Il\fG .- Th e Commi ssion shall 12 hold it s fir st meeting wit hin 30 days aft er all 16 13 members hav e been appoint ed. 14 (f) RrnPOR'r.-'1Vith in 12 months after th e effect ive for th e Commiss ion shall be 15 dat e of thi s Act, th e Comn1ission sha]] subrnjt to Congress 16 and th e Pr esident a final r eport of it s fin clings and rec - 17 ommendations r ega rdin g Nort h Amer ican energy freedom. 18 (g) AD MI N1S'rR ATI VE PR OCED URE FOR R EPO RT At\fD 19 REVIE\l\r.- Chaptcr 5 and chapt er 7 of tit le 5, Unit ed 20 States Code, do not app ly to the pr epara tion, review, or 21 submi ssion of th e report requir ed by sub sect ion (f). 22 (h ) Tii:Ri\IJNATION.- '"rh e Commi ssion shall cease to 23 exist 90 days after the date on which it submit s it s fina l 24 r eport. oHR 6 EH AMERICA!\ pVERSIGHT 1031 CEQ050FY18091 _000000439 CEQ-18-0173-C-001069 1030 1 (i) AUTr-IOHIZA'l' ION OF APPROPRIATJONS.- Th ere is 2 authoriz ed to be appropriated to carry out this chapt er 3 a total of $10,000 ,00 0 for th e 2 fiscal -year period begin4 ning with fiscal year 200 5, su ch sum s to r emain available 5 u util m,1)cndcd . 6 SEC. 2305. NORTH AMERICAN ENERGY FREEDOM POLICY. 7 "\iV i tbin 90 days after r eceiving and considerin g the 8 r eport and r ecommendation s of th e Commission und er sec- 9 tion 2304, th e Pr esident shall submit to Congress a stat e- 10 ment of propo sals to implement or respond to the Commis11 sion' s r econun endat ions for a coordinat ed, compr ehensive, 12 and long-range nabona l policy to achieve North Amer ican 13 ener gy fr eedom by 2025. 14 1s 16 TITLE XXIV-GRAND CANYON HYDROGEN-POWERED TRANSPORTATION DEMONSTRATION 17 SEC. 2401. SHORT TITLE. 18 This title may be cit ed as the "G rand Canyon Hydro - 19 gen-Pov,rered Tran sportation Demonstratio n Act of 200 5" . 20 21 SEC. 2402. DEFINITIONS . For purvo ses of thi s ti tle, th e term(] ) "Departments" 22 means th e Depa rtment of 23 En ergy jo int ly ?with the Departni ent of the In terior; 24 and oHR 6 EH AMERICA!\ pVERSIGHT 1032 CEQ050 FY18091_000 000439 CEQ-18-0173-C-001070 1030 1 (i) AUTr-IOHIZA'l' ION OF APPROPRIATJONS.- Th ere is 2 authoriz ed to be appropriated to carry out this chapt er 3 a total of $10,000 ,00 0 for th e 2 fiscal -year period begin4 ning with fiscal year 200 5, su ch sum s to r emain available 5 u util m,1)cndcd . 6 SEC. 2305. NORTH AMERICAN ENERGY FREEDOM POLICY. 7 "\iV i tbin 90 days after r eceiving and considerin g the 8 r eport and r ecommendation s of th e Commission und er sec- 9 tion 2304, th e Pr esident shall submit to Congress a stat e- 10 ment of propo sals to implement or respond to the Commis11 sion' s r econun endat ions for a coordinat ed, compr ehensive, 12 and long-range nabona l policy to achieve North Amer ican 13 ener gy fr eedom by 2025. 14 1s 16 TITLE XXIV-GRAND CANYON HYDROGEN-POWERED TRANSPORTATION DEMONSTRATION 17 SEC. 2401. SHORT TITLE. 18 This title may be cit ed as the "G rand Canyon Hydro - 19 gen-Pov,rered Tran sportation Demonstratio n Act of 200 5" . 20 21 SEC. 2402. DEFINITIONS . For purvo ses of thi s ti tle, th e term(] ) "Departments" 22 means th e Depa rtment of 23 En ergy jo int ly ?with the Departni ent of the In terior; 24 and oHR 6 EH AMERICA!\ pVERSIGHT 1032 CEQ050 FY18091_000 000439 CEQ-18-0173-C-001070 1031 1 2 (2) "Secretari es" means th e Secretary of En- ergy jointl y with th e Secretary of th e Int erior. 3 SEC. 2403. FINDINGS. 4 The Congr ess finds that- 5 (1) th ere is a need for a reseaTch and dcvelop- 6 ment program to support and foster the develop- 7 ment , demonstra tion, and deployn1ent of emerging 8 hydrog en-ba sed tran sportation technologies suitabl e 9 for u se in sensitive resour ce areas; 10 (2) partners hips between the Departm ent of 11 Ener gy, the Departm ent of the Int erior , Nat ive 12 Amer ican Trib es, an.cl Unit ed States indu str y to cle- 13 velop hydro gen-based energy technologies can pro - 14 vide sig11ificant benefit s to 15 hancing om? enviTmunental steward ship, redu cing 16 our dependence on foreign oil, increasi ng our energy 17 securit y, as v,,e)] as creating j obs for United States 18 workers and impro ving the compet itive position of 19 th e United Stat es in the global economy; and Olff Nat ion , including en- 20 (3) when technologically and economically fca- 21 sible, the implementation of clean, silent or nearly 22 silent , hydrogen-ba sed tran sporta tion technologies 23 would furth er resource steward ship and e>1)eriential 24 goals in sensitive resource ar eas including unit s of oHR 6 EH AMERICA!\ pVERSIGHT 1033 CEQ050FY18091 _000000439 CEQ-18-0173-C-001071 1031 1 2 (2) "Secretari es" means th e Secretary of En- ergy jointl y with th e Secretary of th e Int erior. 3 SEC. 2403. FINDINGS. 4 The Congr ess finds that- 5 (1) th ere is a need for a reseaTch and dcvelop- 6 ment program to support and foster the develop- 7 ment , demonstra tion, and deployn1ent of emerging 8 hydrog en-ba sed tran sportation technologies suitabl e 9 for u se in sensitive resour ce areas; 10 (2) partners hips between the Departm ent of 11 Ener gy, the Departm ent of the Int erior , Nat ive 12 Amer ican Trib es, an.cl Unit ed States indu str y to cle- 13 velop hydro gen-based energy technologies can pro - 14 vide sig11ificant benefit s to 15 hancing om? enviTmunental steward ship, redu cing 16 our dependence on foreign oil, increasi ng our energy 17 securit y, as v,,e)] as creating j obs for United States 18 workers and impro ving the compet itive position of 19 th e United Stat es in the global economy; and Olff Nat ion , including en- 20 (3) when technologically and economically fca- 21 sible, the implementation of clean, silent or nearly 22 silent , hydrogen-ba sed tran sporta tion technologies 23 would furth er resource steward ship and e>1)eriential 24 goals in sensitive resource ar eas including unit s of oHR 6 EH AMERICA!\ pVERSIGHT 1033 CEQ050FY18091 _000000439 CEQ-18-0173-C-001071 1032 1 th e National Park System, such as Grand Canyon 2 Nationa l Par k. 3 SEC. 2404. RESEAR CH, DEVELOPMENT , AND DEMONSTRA4 5 TION PROGRAM. (a) IN GENERAL.- The Secretaries shall joint ly es- 6 tablish and carry out a research and development pro 7 gram, in partn ership ,~rith th e pr ivate sector, relating to 8 hydrogen-bas ed tran sportation technologies suitable for 9 operations in sensitive resom?ce areas such as national 10 park s. 1r he Secretaries, in partn ership with the privat e 11 sector , shall condu ct a demonstration of hydrogen-based 12 publjc transportation technology at Grand Canyon Na- 13 tional Park v,rithin three years aft er the dat e of enactment 14 of thi s Act. At his discretion, th e Secretary of Energ y may 15 choose to extend existing Departm ent of En ergy hydrogen16 relat ed vehjcle resear ch and development program s in 17 order to meet the oqjectives and requir ement s of this title. 18 The Secretaries shaJJ provride preference to triba l ent ities 19 in the establishment of th e research and development pro- 20 gram. 21 (b) OBJBCTI\TE.-rrhc objective of th e progTam shall 22 be to research , develop, and demonstrate , in cooperation 23 ,~rith affected and related indu strie s, a hydrogen-based al24 ternati ve public tran sportation system suitabl e for oper- oHR 6 EH AMERICA!\ pVERSIGHT 1034 CEQ050 FY18091_000000439 CEQ-18-0173-C-001072 1032 1 th e National Park System, such as Grand Canyon 2 Nationa l Par k. 3 SEC. 2404. RESEAR CH, DEVELOPMENT , AND DEMONSTRA4 5 TION PROGRAM. (a) IN GENERAL.- The Secretaries shall joint ly es- 6 tablish and carry out a research and development pro 7 gram, in partn ership ,~rith th e pr ivate sector, relating to 8 hydrogen-bas ed tran sportation technologies suitable for 9 operations in sensitive resom?ce areas such as national 10 park s. 1r he Secretaries, in partn ership with the privat e 11 sector , shall condu ct a demonstration of hydrogen-based 12 publjc transportation technology at Grand Canyon Na- 13 tional Park v,rithin three years aft er the dat e of enactment 14 of thi s Act. At his discretion, th e Secretary of Energ y may 15 choose to extend existing Departm ent of En ergy hydrogen16 relat ed vehjcle resear ch and development program s in 17 order to meet the oqjectives and requir ement s of this title. 18 The Secretaries shaJJ provride preference to triba l ent ities 19 in the establishment of th e research and development pro- 20 gram. 21 (b) OBJBCTI\TE.-rrhc objective of th e progTam shall 22 be to research , develop, and demonstrate , in cooperation 23 ,~rith affected and related indu strie s, a hydrogen-based al24 ternati ve public tran sportation system suitabl e for oper- oHR 6 EH AMERICA!\ pVERSIGHT 1034 CEQ050 FY18091_000000439 CEQ-18-0173-C-001072 1033 1 ation s w:ithin Grand Canyon Natio nal Park, that meets 2 the follow:ing standard s: 3 (1) Silent or near -silent operation. 4 (2) Low, ultra low, or zero emission of pollut - 5 ant s . 6 (3) ReliabiJity. 7 (4) Safe conveyance of passengers and operator. 8 (c) P AR'l'NERSI-IIP.-ln order to accomplish th e objec- 9 tive set forth in subsection (b), the Secretarie s shall estab10 lish a partn ership among th e Departm ents , manufa ctur 11 crs, other affected or relat ed indu stri es, Native A.m crican 12 '"l1ribe s, and th e Nationa l Park Sen~ce shuttl e operato rs 13 and tour operato r s authoriz ed to prm~de services in Grand 14 Canyon Nationa l Park. 15 SEC. 2405. REPORTS TO CONGRESS. 16 One year aft er the dat e of ena ctm ent of this Act , and 17 annua lly tl1ercafter for the d1tration of th e program , th e 18 Secretar ies shall submit a report to th e Committ ees on 19 Appropriations, Resources, and En ergy and Commerce of 20 th e Hou se of Representati ves and th e Committ ees on Ap- 21 propriation s and En ergy and Natural Resources of th e 22 Senate describing th e ongoing activiti es of th e Secretari es 23 and th e Departm ent s relatin g to th e pr ogTarn author ized 24 und er thi s title and , to th e extent pra cticab le, the activities 25 plann ed for th e coming fiscal year. oHR 6 EH AMERICA!\ pVERSIGHT 1035 CEQ050FY18 091_000000439 CEQ-18-0173-C-001073 1033 1 ation s w:ithin Grand Canyon Natio nal Park, that meets 2 the follow:ing standard s: 3 (1) Silent or near -silent operation. 4 (2) Low, ultra low, or zero emission of pollut - 5 ant s . 6 (3) ReliabiJity. 7 (4) Safe conveyance of passengers and operator. 8 (c) P AR'l'NERSI-IIP.-ln order to accomplish th e objec- 9 tive set forth in subsection (b), the Secretarie s shall estab10 lish a partn ership among th e Departm ents , manufa ctur 11 crs, other affected or relat ed indu stri es, Native A.m crican 12 '"l1ribe s, and th e Nationa l Park Sen~ce shuttl e operato rs 13 and tour operato r s authoriz ed to prm~de services in Grand 14 Canyon Nationa l Park. 15 SEC. 2405. REPORTS TO CONGRESS. 16 One year aft er the dat e of ena ctm ent of this Act , and 17 annua lly tl1ercafter for the d1tration of th e program , th e 18 Secretar ies shall submit a report to th e Committ ees on 19 Appropriations, Resources, and En ergy and Commerce of 20 th e Hou se of Representati ves and th e Committ ees on Ap- 21 propriation s and En ergy and Natural Resources of th e 22 Senate describing th e ongoing activiti es of th e Secretari es 23 and th e Departm ent s relatin g to th e pr ogTarn author ized 24 und er thi s title and , to th e extent pra cticab le, the activities 25 plann ed for th e coming fiscal year. oHR 6 EH AMERICA!\ pVERSIGHT 1035 CEQ050FY18 091_000000439 CEQ-18-0173-C-001073 1034 1 SEC. 2406. AUTHORIZATION OF APPROPRIATIONS. 2 There are authorized to be appropriated to the Sccre- 3 ta ries to car ry out thi s titl e, in addition to any amounts 4 made available for thes e or related purposes und er other 5 Acts, $400,000 per year fo1? three consecutive fiscal years 6 beginning with the full fiscal year following the date of 7 enactment of this Act. s TITLE XXV-ADDITIONAL PROVISIONS 9 10 SEC. 2501. LIMITATION ON RENT AND OTHER CHARGES 11 WITH RESPECT TO WIND ENERGY DEVELOP - 12 MENT PROJE CTS ON PUB LIC LANDS . 13 (a) IN GENERAL.-The Secretary of the Int erior may 14 not impose rent and other charge s, excludin g for the cost 15 of processing rights-of-way, ?with respect to any wind en- 16 ergy development prQject on public land s that, in the ag- 17 gTegate, exceed 50 percent of th e maximum an10unt of 18 rent that could be char ged with respect to that proj ect 19 und er the terms of Bureau of Land 1VIan agernent Instru c20 tion :Memorandum No. 2003 - 020 , dat ed October 16, 21 2002 . 22 (b) TERMINATION.-Subscct ion (a) shall not apply 23 aft er the earlier of- 24 (1) th e dat e on ?vvhicb the Secreta ry of the Int e- 25 r10r determines there exists at least l 0,000 26 megawatt s of electri city generat ing capacity from oHR 6 EH AMERICA!\ pVERSIGHT 1036 CEQ050 FY18091_000000439 CEQ-18-0173-C-001074 1034 1 SEC. 2406. AUTHORIZATION OF APPROPRIATIONS. 2 There are authorized to be appropriated to the Sccre- 3 ta ries to car ry out thi s titl e, in addition to any amounts 4 made available for thes e or related purposes und er other 5 Acts, $400,000 per year fo1? three consecutive fiscal years 6 beginning with the full fiscal year following the date of 7 enactment of this Act. s TITLE XXV-ADDITIONAL PROVISIONS 9 10 SEC. 2501. LIMITATION ON RENT AND OTHER CHARGES 11 WITH RESPECT TO WIND ENERGY DEVELOP - 12 MENT PROJE CTS ON PUB LIC LANDS . 13 (a) IN GENERAL.-The Secretary of the Int erior may 14 not impose rent and other charge s, excludin g for the cost 15 of processing rights-of-way, ?with respect to any wind en- 16 ergy development prQject on public land s that, in the ag- 17 gTegate, exceed 50 percent of th e maximum an10unt of 18 rent that could be char ged with respect to that proj ect 19 und er the terms of Bureau of Land 1VIan agernent Instru c20 tion :Memorandum No. 2003 - 020 , dat ed October 16, 21 2002 . 22 (b) TERMINATION.-Subscct ion (a) shall not apply 23 aft er the earlier of- 24 (1) th e dat e on ?vvhicb the Secreta ry of the Int e- 25 r10r determines there exists at least l 0,000 26 megawatt s of electri city generat ing capacity from oHR 6 EH AMERICA!\ pVERSIGHT 1036 CEQ050 FY18091_000000439 CEQ-18-0173-C-001074 1035 1 non-hydropower r enewable energy resour ces on pub- 2 lie lands; or 3 (2) th e end of the 10-year period beginning on 4 the dat e of th e enactment of this Act . 5 (c) S'l'A'rE SHARE NOT AFFEC'l'ED.-T his section 6 shall not affect any State shar e of rent and other charges 7 ,~rith respect to any ,~rind energy development pr oj ect on 8 public lands. Pa ssed th e Hou se of Repr esenta tives April 21, 2005. Attest : Clerk. oHR 6 EH AMER CAf\ pVERSIGHT 1037 CEQ050FY18091 _000000439 CEQ-18-0173-C-001075 1035 1 non-hydropower r enewable energy resour ces on pub- 2 lie lands; or 3 (2) th e end of the 10-year period beginning on 4 the dat e of th e enactment of this Act . 5 (c) S'l'A'rE SHARE NOT AFFEC'l'ED.-T his section 6 shall not affect any State shar e of rent and other charges 7 ,~rith respect to any ,~rind energy development pr oj ect on 8 public lands. Pa ssed th e Hou se of Repr esenta tives April 21, 2005. Attest : Clerk. oHR 6 EH AMER CAf\ pVERSIGHT 1037 CEQ050FY18091 _000000439 CEQ-18-0173-C-001075 RE: EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS From: "Bodine , Susan (EPW)" No, will send t hat next . This is new (based on ESA god squad) From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday, August 15, 2017 12 :35 PM To: Bodine, Susan (EPW) Subject: RE: EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS Nice. Is this t he FERCbackst op . Alexander Herrgot t Assoc iate Directo r fo r Infrastructu re Council on Enviro nme ntal Qua lity From : Bodine, Susan (EPW) [mailto:S usan Bodine@epw .senate.gov ] Sent : Tuesday, August 15, 201712 :30 PM To : Herrgott, Alex H. EOP/CEQ Subject: EXPEDITINGCONSTRUCTION OF HIGH PRIORITYPROJECTS SEC. xxx. EXPEDITING CONSTRUCTION OF HIGH PRIORIT 'Y PROJECTS. (a) Definitions .-In this section : ( 1) AGENCY.- The term "agency,, has the meanin g given the term in section 551 of ti.tie 5, United States Code. (2) CHIEF EXECUTIVEOFFICER.-T he term "chief executive officer " means(A) the Governor or chief executive officer of a State; and (B) the governing body of an Indian tr.ibe. (3) HI GH PRIORITY PROJECT- The term "h igh priority project" means a project (A) identified by the chief executive officer of a State or Indian tribe as a project that will(i) address critica l needs that are not currently being addressed; and (i i) genera te substan tial regiona l or national benefits ; and AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000000444 CEQ-18-0173-C-001076 RE: EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS From: "Bodine , Susan (EPW)" No, will send t hat next . This is new (based on ESA god squad) From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday, August 15, 2017 12 :35 PM To: Bodine, Susan (EPW) Subject: RE: EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS Nice. Is this t he FERCbackst op . Alexander Herrgot t Assoc iate Directo r fo r Infrastructu re Council on Enviro nme ntal Qua lity From : Bodine, Susan (EPW) [mailto:S usan Bodine@epw .senate.gov ] Sent : Tuesday, August 15, 201712 :30 PM To : Herrgott, Alex H. EOP/CEQ Subject: EXPEDITINGCONSTRUCTION OF HIGH PRIORITYPROJECTS SEC. xxx. EXPEDITING CONSTRUCTION OF HIGH PRIORIT 'Y PROJECTS. (a) Definitions .-In this section : ( 1) AGENCY.- The term "agency,, has the meanin g given the term in section 551 of ti.tie 5, United States Code. (2) CHIEF EXECUTIVEOFFICER.-T he term "chief executive officer " means(A) the Governor or chief executive officer of a State; and (B) the governing body of an Indian tr.ibe. (3) HI GH PRIORITY PROJECT- The term "h igh priority project" means a project (A) identified by the chief executive officer of a State or Indian tribe as a project that will(i) address critica l needs that are not currently being addressed; and (i i) genera te substan tial regiona l or national benefits ; and AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000000444 CEQ-18-0173-C-001076 (B) that is(i) a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); (ii) a project subject to section 139 of title 23, United States Code ; or (iii) a project subject to section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348). (4) INDIANTRIBE.-The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (5) STATE.- The term "State " means(A) a State; (B) the District of Columbia ; (C) the Commonwealth of Puerto Rico ; and (D) any other territory or possession of the United States. (b) Project Identification ; Information.( 1) IN GENERAL.-The chief executive officer of a State or Indian tribe may( A) identify high priority projects on land under the jurisdiction of the chief executive officer; and (B) provide to the Chair of the Council on Environmental Quality such information regarding the projects identified under paragraph (1) as the Chair may require. (2) MULTISTATE PROJECTS.-A project that crosses the boundaries of 1 or more States or areas subject to the jurisdiction of an Indian tribe shall not be identified as a high priority project unless the project is so identified by the chief executive officer of each affected State or Indian tribe. (c) Project Review .-The head of any agency with responsibility for review and approval of a high priority project shall ensure that any timeline for review developed under title XLI of the FAST Act (42 U.S .C. 4370m et seq.), section 139 of title 23, United States Code , or section 2045 of the Water Resources Development Act of2007 (33 U.S .C. 2348) , as applicable , is met. (d) Project Approval. ( 1) IN GENERAL.- Notwithstanding any other provision of law, in any case in which the duration of the Federal review of a high priority project has exceeded [3] years and the high priority project has not received all applicable Federal approvals , the Executi ve Director of the Federal Permitting Improvement Steering Council established by section 41002(a) of the FAST Act (42 U.S .C. 4370m - l(a)) , with the concurrence of a \2/3\ majorit y of the beads of the agencies identified in section 41002(b)(2)(B) of that Act (42 U.S.C . 4370m1(b)(2)(B)), may issue the applicable Federal approvals. (2) CONSIDERATIO N.-ln determining whether to concur in the decision to issue applicable Federal approvals under paragraph (I) , the heads of agencies referred to in that paragraph shall consider(A) the regional and national significance of the high priority project ; (B) the importance of the high priority project to the general welfare ; and (C) the value of the high priority project to the United States. (3) DISCRETI ON.-A determination by an agency head to concur in the decision to issue applicable Federal approvals and an action by the Executive Director of the Federal Permitting Steering Council to issue applicable Federal approvals are committed to the discretion of each agency head and to the Executive Director. AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000000444 CEQ-18-0173-C-001077 (B) that is(i) a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); (ii) a project subject to section 139 of title 23, United States Code ; or (iii) a project subject to section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348). (4) INDIANTRIBE.-The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (5) STATE.- The term "State " means(A) a State; (B) the District of Columbia ; (C) the Commonwealth of Puerto Rico ; and (D) any other territory or possession of the United States. (b) Project Identification ; Information.( 1) IN GENERAL.-The chief executive officer of a State or Indian tribe may( A) identify high priority projects on land under the jurisdiction of the chief executive officer; and (B) provide to the Chair of the Council on Environmental Quality such information regarding the projects identified under paragraph (1) as the Chair may require. (2) MULTISTATE PROJECTS.-A project that crosses the boundaries of 1 or more States or areas subject to the jurisdiction of an Indian tribe shall not be identified as a high priority project unless the project is so identified by the chief executive officer of each affected State or Indian tribe. (c) Project Review .-The head of any agency with responsibility for review and approval of a high priority project shall ensure that any timeline for review developed under title XLI of the FAST Act (42 U.S .C. 4370m et seq.), section 139 of title 23, United States Code , or section 2045 of the Water Resources Development Act of2007 (33 U.S .C. 2348) , as applicable , is met. (d) Project Approval. ( 1) IN GENERAL.- Notwithstanding any other provision of law, in any case in which the duration of the Federal review of a high priority project has exceeded [3] years and the high priority project has not received all applicable Federal approvals , the Executi ve Director of the Federal Permitting Improvement Steering Council established by section 41002(a) of the FAST Act (42 U.S .C. 4370m - l(a)) , with the concurrence of a \2/3\ majorit y of the beads of the agencies identified in section 41002(b)(2)(B) of that Act (42 U.S.C . 4370m1(b)(2)(B)), may issue the applicable Federal approvals. (2) CONSIDERATIO N.-ln determining whether to concur in the decision to issue applicable Federal approvals under paragraph (I) , the heads of agencies referred to in that paragraph shall consider(A) the regional and national significance of the high priority project ; (B) the importance of the high priority project to the general welfare ; and (C) the value of the high priority project to the United States. (3) DISCRETI ON.-A determination by an agency head to concur in the decision to issue applicable Federal approvals and an action by the Executive Director of the Federal Permitting Steering Council to issue applicable Federal approvals are committed to the discretion of each agency head and to the Executive Director. AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000000444 CEQ-18-0173-C-001077 (4) DELEGATION.-The authority to provide conc urrence und er paragraph (1) may not be delegated below the level of assistant secretary (or comparable level) . ( 5) SUBSTANTIVE AND PUBLICNOTICE REQUIREMENTS.- This section sha ll not relieve any person of the obligation to comply with(A) a substantive requirement of applicable law , including m itigation ; or (B) a requirement rela ted to public notice and comment. (e) Status ofDecision. - An approval by the Executive Director of the Federal Permitting Steer ing Council under tl1is section sl1all not be cons idered to be a major Federa l action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (f) Repeal. - Section 41013 of the FAST Act (42 U.S.C. 4370m - 12) is repealed. Susan Parker Bodine Chief Counsel U .s. Senate Environment & Public Works Committee 41 O Dirksen Senate Office Building Washington, DC 20510 MR N PVERSIGHT 3 CEQ050FY 18091 _ 000000444 CEQ-18-0173-C-001078 (4) DELEGATION.-The authority to provide conc urrence und er paragraph (1) may not be delegated below the level of assistant secretary (or comparable level) . ( 5) SUBSTANTIVE AND PUBLICNOTICE REQUIREMENTS.- This section sha ll not relieve any person of the obligation to comply with(A) a substantive requirement of applicable law , including m itigation ; or (B) a requirement rela ted to public notice and comment. (e) Status ofDecision. - An approval by the Executive Director of the Federal Permitting Steer ing Council under tl1is section sl1all not be cons idered to be a major Federa l action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (f) Repeal. - Section 41013 of the FAST Act (42 U.S.C. 4370m - 12) is repealed. Susan Parker Bodine Chief Counsel U .s. Senate Environment & Public Works Committee 41 O Dirksen Senate Office Building Washington, DC 20510 MR N PVERSIGHT 3 CEQ050FY 18091 _ 000000444 CEQ-18-0173-C-001078 EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS From: "Bodine, Susan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 15 Aug 2017 12:29:48 -0400 SEC. xxx. EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS. (a) Definitions .-In this section: ( 1) AGENCY-The term "agency" has the meaning given the term in section 551 of title 5, United States Code. (2) CHlEFEXECU11VE OFHCER.-The term "c hief executive officer " means(A) the Governo r or chief execu tive officer of a State; and (B) the gove rnin g bod y of an Indian tribe. (3) HIGHPRIORITYPROJECT.-T he tem1 "high priority project" means a project(A) identified by the chief executive officer of a State or Indian tribe as a project that will(i) address critical needs that are not currently being addre ssed; and ( ii) generate substantial regional or natioual benefit s; and (B that is(i) a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m )); (ii) a project subject to section 139 of title 23, United States Code ; or (iii) a proj ect subject to sectio n 2045 of th e Wa ter Resources Deve lopm ent Act of2007 (33 U.S.C. 2348). (4) INDIAN TRIBE.-The term "Indian tribe " has the mean ing given the term in section 4 of the Ind ian Self-Determination and Education Assistance Act (25 U .S .C. 5304). (5) STATE .-The tenn "State" means(A) a State ; (B) t he District of Co lumbia ; (C) the Commonwealth of Puerto Rico ; and (D) any other territory or possession of the United States. ---------------------------- (b ) Projec t Identification ; Informat ion.( 1) IN GENERAL.-The chief executive officer of a State or Indian tribe ma y(A) identify high priority projects on land under the jurisdiction of the chief executive officer ; and (B) provide to the Chair of the Council on Environmental Qualit y such information regarding the projec ts identified under paragraph ( 1) as the Chair may require. AMR AN PVERSIGHT 1 CEQ050FY 18091_000000447 CEQ-18-0173-C-001079 EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS From: "Bodine, Susan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 15 Aug 2017 12:29:48 -0400 SEC. xxx. EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS. (a) Definitions .-In this section: ( 1) AGENCY-The term "agency" has the meaning given the term in section 551 of title 5, United States Code. (2) CHlEFEXECU11VE OFHCER.-The term "c hief executive officer " means(A) the Governo r or chief execu tive officer of a State; and (B) the gove rnin g bod y of an Indian tribe. (3) HIGHPRIORITYPROJECT.-T he tem1 "high priority project" means a project(A) identified by the chief executive officer of a State or Indian tribe as a project that will(i) address critical needs that are not currently being addre ssed; and ( ii) generate substantial regional or natioual benefit s; and (B that is(i) a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m )); (ii) a project subject to section 139 of title 23, United States Code ; or (iii) a proj ect subject to sectio n 2045 of th e Wa ter Resources Deve lopm ent Act of2007 (33 U.S.C. 2348). (4) INDIAN TRIBE.-The term "Indian tribe " has the mean ing given the term in section 4 of the Ind ian Self-Determination and Education Assistance Act (25 U .S .C. 5304). (5) STATE .-The tenn "State" means(A) a State ; (B) t he District of Co lumbia ; (C) the Commonwealth of Puerto Rico ; and (D) any other territory or possession of the United States. ---------------------------- (b ) Projec t Identification ; Informat ion.( 1) IN GENERAL.-The chief executive officer of a State or Indian tribe ma y(A) identify high priority projects on land under the jurisdiction of the chief executive officer ; and (B) provide to the Chair of the Council on Environmental Qualit y such information regarding the projec ts identified under paragraph ( 1) as the Chair may require. AMR AN PVERSIGHT 1 CEQ050FY 18091_000000447 CEQ-18-0173-C-001079 (2) M ULTlSTATE PROJECTS.-A project that crosses tbe boundaries of l or more States or areas subje ct to the jurisdict ion of an Indian tribe shall not be identified as a high p riority project unless the project is so identified by the chief executive officer of each affected State or Indian tribe. ( c) Project Review .-T he head of any agency with respo ns ibility for review and approval of a high priority project shall ensure that any timelin e for review developed under title XLI of the FAST Ac t (42 U.S.C. 4370m et seq.) , sect ion 139 of title 23 , United States Code , or section 2045 of the Water Resources Development Act of2007 (33 U.S.C. 2348 ), as app licable , is met. ( d) Project Approva l.( I) IN GENERAL.-Notw ithstanding any other provis ion of law, in any case in which the duration of the Federal review of a high priori ty projec t has exceeded [3] years and the high priority project has no t received all applicable Federal approva ls, the Executive Director of the Federa l Perm itting Improvement Steering Council estab lished by section 41002(a) of the FAST Act (42 U.S .C. 4370m - J(a)) , w ith the concurrence of a \2/3\ majority of the heads of the agencies identified in section 41002(b)(2) (B) of that Act (42 U.S .C. 4370m1(b)(2)(B)) , may issue the applicab le Federa l approvals. (2) CoNSIDERATION.-ln determining whet her to concur in the decision to issue applicable Federa l approvals under paragraph ( 1), the heads of agencies referred to in that paragraph shall consider(A) the regional and national significance of the high priority project ; (B) the importance of the high priority project to the general we lfare ; and (C) the valu e of the hi gh priority project to the United States. (3) DISCRETION.-A determination by an agency head to concur in the dec ision to issue applicable Federa l approvals and an action by the Execu6ve Director of the Federal Permitting Steering Counci l to issue appl icable Federal approvals are committed to the discretion of each agency bead and to the Executive Director. (4) DELEGATION.-The autho rity to provide concmren ce und er paragraph (1) may not be delegated below the level of assistant secretary (or comparable level). (5) SUBSTANTIVE ANDPUBLICNOTJCE REQUIREMENTS.-This section shall not relieve any person of the ob ligation to compl y with(A) a substantive requirement of applicable law , including mitigation ; or (B) a requiremen t rela ted to public notice and comment. ( e) Status of Decisioo.-An approval by the Executive Director of the Federal Permitting Steering Counc il under this section shall not be considered to be a major Federal action for purposes of the Nationa l Environmental Policy Act of 1969 (42 U.S.C . 4321 et seq.). (f)Repeal.-Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is repealed. Susan Parker Bodine Chief Counsel U .S. Senate Environment& Public Works Committee 41 O Dirksen Senate Office Building Washington, DC 2051 o AMR AN PVERSIGHT 2 CEQ0S0FY18091_000000447 CEQ-18-0173-C-001080 (2) M ULTlSTATE PROJECTS.-A project that crosses tbe boundaries of l or more States or areas subje ct to the jurisdict ion of an Indian tribe shall not be identified as a high p riority project unless the project is so identified by the chief executive officer of each affected State or Indian tribe. ( c) Project Review .-T he head of any agency with respo ns ibility for review and approval of a high priority project shall ensure that any timelin e for review developed under title XLI of the FAST Ac t (42 U.S.C. 4370m et seq.) , sect ion 139 of title 23 , United States Code , or section 2045 of the Water Resources Development Act of2007 (33 U.S.C. 2348 ), as app licable , is met. ( d) Project Approva l.( I) IN GENERAL.-Notw ithstanding any other provis ion of law, in any case in which the duration of the Federal review of a high priori ty projec t has exceeded [3] years and the high priority project has no t received all applicable Federal approva ls, the Executive Director of the Federa l Perm itting Improvement Steering Council estab lished by section 41002(a) of the FAST Act (42 U.S .C. 4370m - J(a)) , w ith the concurrence of a \2/3\ majority of the heads of the agencies identified in section 41002(b)(2) (B) of that Act (42 U.S .C. 4370m1(b)(2)(B)) , may issue the applicab le Federa l approvals. (2) CoNSIDERATION.-ln determining whet her to concur in the decision to issue applicable Federa l approvals under paragraph ( 1), the heads of agencies referred to in that paragraph shall consider(A) the regional and national significance of the high priority project ; (B) the importance of the high priority project to the general we lfare ; and (C) the valu e of the hi gh priority project to the United States. (3) DISCRETION.-A determination by an agency head to concur in the dec ision to issue applicable Federa l approvals and an action by the Execu6ve Director of the Federal Permitting Steering Counci l to issue appl icable Federal approvals are committed to the discretion of each agency bead and to the Executive Director. (4) DELEGATION.-The autho rity to provide concmren ce und er paragraph (1) may not be delegated below the level of assistant secretary (or comparable level). (5) SUBSTANTIVE ANDPUBLICNOTJCE REQUIREMENTS.-This section shall not relieve any person of the ob ligation to compl y with(A) a substantive requirement of applicable law , including mitigation ; or (B) a requiremen t rela ted to public notice and comment. ( e) Status of Decisioo.-An approval by the Executive Director of the Federal Permitting Steering Counc il under this section shall not be considered to be a major Federal action for purposes of the Nationa l Environmental Policy Act of 1969 (42 U.S.C . 4321 et seq.). (f)Repeal.-Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is repealed. Susan Parker Bodine Chief Counsel U .S. Senate Environment& Public Works Committee 41 O Dirksen Senate Office Building Washington, DC 2051 o AMR AN PVERSIGHT 2 CEQ0S0FY18091_000000447 CEQ-18-0173-C-001080 RE: EO? From: "Brunner, Jan (EPW)'' To: "Herrgott , Alex H. EOP/CEQ" Date: Tue, 15 Aug 201710:57:18 -0400 Thanks, friend . (C) We need t o grab drinks soon. Saw RJin line at National on Friday going to visit h is new fiancee's fam ily . Woo t ! From: Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, August 15, 2017 10 :55 AM To : Brunner, Jan {EPW) Subject : RE: EO? 4pm Alexander Herrgott Associate Director fo r Infrastructure Council on Environme ntal Quality From: Brunner, Jan (EPW) [mailto :Jan Brunner@epw .senate .gov] Sent: Tuesda y, August 15, 2017 10:53 AM To: Herrgott, Alex H. EOP/CEQ Subject : RE: EO? When? This afternoon? Sent : Tuesday, August 15, 201710:52 AM To: Brunne r, Jan {EPW) Subject : RE: EO? WE are signing an EO on permitting. Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality From: Brunner, Jan {EPW) [mailto :Jan Brunner@epw .senate .gov] Sent : Tuesday, August 15, 201710:37 AM AMR AN PVERSIGHT 1 CEQ050FY18091_000000454 CEQ-18-0173-C-001081 RE: EO? From: "Brunner, Jan (EPW)'' To: "Herrgott , Alex H. EOP/CEQ" Date: Tue, 15 Aug 201710:57:18 -0400 Thanks, friend . (C) We need t o grab drinks soon. Saw RJin line at National on Friday going to visit h is new fiancee's fam ily . Woo t ! From: Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, August 15, 2017 10 :55 AM To : Brunner, Jan {EPW) Subject : RE: EO? 4pm Alexander Herrgott Associate Director fo r Infrastructure Council on Environme ntal Quality From: Brunner, Jan (EPW) [mailto :Jan Brunner@epw .senate .gov] Sent: Tuesda y, August 15, 2017 10:53 AM To: Herrgott, Alex H. EOP/CEQ Subject : RE: EO? When? This afternoon? Sent : Tuesday, August 15, 201710:52 AM To: Brunne r, Jan {EPW) Subject : RE: EO? WE are signing an EO on permitting. Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality From: Brunner, Jan {EPW) [mailto :Jan Brunner@epw .senate .gov] Sent : Tuesday, August 15, 201710:37 AM AMR AN PVERSIGHT 1 CEQ050FY18091_000000454 CEQ-18-0173-C-001081 To: Herrgot t, Alex H. EOP/CEQ Subject: EO? Sure Memmott has reached out to you already. He asked for your email address . He's in charge of the office with Richard and Brian gone. Anything you can tell me? Jan Brunner Majority Counsel Senate Committee on Environmen t and Public Works 415 Hart Senate OfficeBuilding (direct) MR N PVERSIGHT 2 CEQ050FY18091_000000454 CEQ-18-0173-C-001082 To: Herrgot t, Alex H. EOP/CEQ Subject: EO? Sure Memmott has reached out to you already. He asked for your email address . He's in charge of the office with Richard and Brian gone. Anything you can tell me? Jan Brunner Majority Counsel Senate Committee on Environmen t and Public Works 415 Hart Senate OfficeBuilding (direct) MR N PVERSIGHT 2 CEQ050FY18091_000000454 CEQ-18-0173-C-001082 RE: EO? From: "Brunner, Jan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 201710:53:12 -0400 Whe n? This afternoon? From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, August 15, 2017 10:52 AM To : Brunner, Jan {EPW) Subject: RE: EO? WE are signing an EO on permi t ting . Alexa nder Herrgott Associate Director fo r Infrastructure Council on Envi ronmental Quality From : Brunner, Jan {EPW) [mailto:Jan Brunner@epw .senate.gov] Se nt : Tuesday, August 15, 2017 10:37 AM To : Herrgott, Alex H. EOP/CEQ Subject : EO? Sure Memmott has reached out to you already. He asked for your email address. He's in charge of the office with Richard and Brian gone. Anything you can tell me ? Jan Brunn er Majority Counsel Senate Committe e on Environment and Public Works 415 Hart Se nate Office Building (direct) MR N PVERSIGHT 1 CEQ050FY18091 _ 000000456 CEQ-18-0173-C-001083 RE: EO? From: "Brunner, Jan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 201710:53:12 -0400 Whe n? This afternoon? From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, August 15, 2017 10:52 AM To : Brunner, Jan {EPW) Subject: RE: EO? WE are signing an EO on permi t ting . Alexa nder Herrgott Associate Director fo r Infrastructure Council on Envi ronmental Quality From : Brunner, Jan {EPW) [mailto:Jan Brunner@epw .senate.gov] Se nt : Tuesday, August 15, 2017 10:37 AM To : Herrgott, Alex H. EOP/CEQ Subject : EO? Sure Memmott has reached out to you already. He asked for your email address. He's in charge of the office with Richard and Brian gone. Anything you can tell me ? Jan Brunn er Majority Counsel Senate Committe e on Environment and Public Works 415 Hart Se nate Office Building (direct) MR N PVERSIGHT 1 CEQ050FY18091 _ 000000456 CEQ-18-0173-C-001083 EO? From: "Brunner, Jan (EPW)'' To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 201710:36:59 -0400 Sure Memmott has reached out to you already . He asked for your email address. He's in charge of the office with Richard and Brian gone . Anything you can tell me? Jan Brunner Major;ty Counsel Senate Committee on Environment and Public Works 415 Hart Senate Office Building (d;rect) MR N PVERSIGHT 1 CEQ050FY18091_000000459 CEQ-18-0173-C-001084 EO? From: "Brunner, Jan (EPW)'' To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 201710:36:59 -0400 Sure Memmott has reached out to you already . He asked for your email address. He's in charge of the office with Richard and Brian gone . Anything you can tell me? Jan Brunner Major;ty Counsel Senate Committee on Environment and Public Works 415 Hart Senate Office Building (d;rect) MR N PVERSIGHT 1 CEQ050FY18091_000000459 CEQ-18-0173-C-001084 RE: EO From: "Memmott , Justin (EPW)" To: "Herrgott , Alex H. EOP/CEQ" Date: Tue , 15 Aug 2017 10:09:06 -0400 Thanks. From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, August 15, 2017 10 :07 AM To : Memmott, Justin {EPW) Subject: RE: EO Alexa nder Her rgott Associate Directo r fo r Infrastructure Council on Environmental Quality Justin {EPW)[ mailto :Justin Memmott@epw.senate .gov ] Sent : Tuesday, August 15, 2017 9:52 AM To: Herrgott, Alex H. EOP/CEQ > Subject : EO From : Memmott, Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of the EOon infrastructure permitting? Thank you . Justin J. Memmott Majo r ity Senior Counsel Senate Environment and Pub lic Works Committee (d) MR N PVERSIGHT 1 CEQ050FY18091 _ 000000463 CEQ-18-0173-C-001085 RE: EO From: "Memmott , Justin (EPW)" To: "Herrgott , Alex H. EOP/CEQ" Date: Tue , 15 Aug 2017 10:09:06 -0400 Thanks. From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, August 15, 2017 10 :07 AM To : Memmott, Justin {EPW) Subject: RE: EO Alexa nder Her rgott Associate Directo r fo r Infrastructure Council on Environmental Quality Justin {EPW)[ mailto :Justin Memmott@epw.senate .gov ] Sent : Tuesday, August 15, 2017 9:52 AM To: Herrgott, Alex H. EOP/CEQ > Subject : EO From : Memmott, Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of the EOon infrastructure permitting? Thank you . Justin J. Memmott Majo r ity Senior Counsel Senate Environment and Pub lic Works Committee (d) MR N PVERSIGHT 1 CEQ050FY18091 _ 000000463 CEQ-18-0173-C-001085 EO From: "Memmott , Justin (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 2017 09 :52:13 -0400 Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of the EO on infrastructure permitting? Thank you . Justin J. Memmott Majo rity Senior Counsel Senate Environment and Public Works Committee (d MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000468 CEQ-18-0173-C-001086 EO From: "Memmott , Justin (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 15 Aug 2017 09 :52:13 -0400 Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of the EO on infrastructure permitting? Thank you . Justin J. Memmott Majo rity Senior Counsel Senate Environment and Public Works Committee (d MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000468 CEQ-18-0173-C-001086 RE: EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS From "Herrgott , Alex H. EOP/CEQ" <"/o=organi zation/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/c n=c7 ce1ebaef28486db 7e75a45c19c9813-herrgo tt , a"> To : "Bodine. Susan (EPW)" Date: Tue, 15 Aug 2017 12:35 :01 -0400 Nice. Is th is the FERCb ackstop . Alexa nder Herrgott Associate Director for Infrastructure Council on Environmental Quality From: Bodine, Susan (EPW) [mailto :Susan_Bodine@epw.senate.gov] Sent : Tuesday, August 15, 2017 12 :30 PM To: Herrgott, Alex H. EOP/CEQ Subject: EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS SEC. xxx. EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS. (a) Definitions .-In thi.s section: (1 ) AGENCY.- The term "agen cy" has the meaning given the term in sectio n 551 of title 5, United States Code. (2) CHIEFEXECUTTVEOFFICER-T he term "ch ief executive officer " means(A) the Governor or chief execu tive officer of a State ; and (B) the gove rn ing bod y of an Indian tribe. (3) HIGH PRIORITY PROJECT.-T he tem1 "high priority project" mean s a project(A) identified by the chief exec utive office r of a State or Indian tribe as a project that w ill (i) address cr itical needs that are not currentl y bein g addressed ; and (ii) generate sub stan tial reg ional or national benefits ; and (B) that is(i) a cove red project (as defined in section 410 01 of the FAST Act (42 U. S.C. 4370m )); (i i) a project subj ect to sec tion 139 of title 23, Uni ted Sta tes Code; or (iii) a project subject to sec tion 2045 of the Wa ter Resources Development Act of 2007 (33 U.S.C. 2348). AMR AN PVERSIGHT 1 CEQ050FY18091_000001930 CEQ-18-0173-C-001087 RE: EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS From "Herrgott , Alex H. EOP/CEQ" <"/o=organi zation/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/c n=c7 ce1ebaef28486db 7e75a45c19c9813-herrgo tt , a"> To : "Bodine. Susan (EPW)" Date: Tue, 15 Aug 2017 12:35 :01 -0400 Nice. Is th is the FERCb ackstop . Alexa nder Herrgott Associate Director for Infrastructure Council on Environmental Quality From: Bodine, Susan (EPW) [mailto :Susan_Bodine@epw.senate.gov] Sent : Tuesday, August 15, 2017 12 :30 PM To: Herrgott, Alex H. EOP/CEQ Subject: EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS SEC. xxx. EXPEDITING CONSTRUCTION OF HIGH PRIORITY PROJECTS. (a) Definitions .-In thi.s section: (1 ) AGENCY.- The term "agen cy" has the meaning given the term in sectio n 551 of title 5, United States Code. (2) CHIEFEXECUTTVEOFFICER-T he term "ch ief executive officer " means(A) the Governor or chief execu tive officer of a State ; and (B) the gove rn ing bod y of an Indian tribe. (3) HIGH PRIORITY PROJECT.-T he tem1 "high priority project" mean s a project(A) identified by the chief exec utive office r of a State or Indian tribe as a project that w ill (i) address cr itical needs that are not currentl y bein g addressed ; and (ii) generate sub stan tial reg ional or national benefits ; and (B) that is(i) a cove red project (as defined in section 410 01 of the FAST Act (42 U. S.C. 4370m )); (i i) a project subj ect to sec tion 139 of title 23, Uni ted Sta tes Code; or (iii) a project subject to sec tion 2045 of the Wa ter Resources Development Act of 2007 (33 U.S.C. 2348). AMR AN PVERSIGHT 1 CEQ050FY18091_000001930 CEQ-18-0173-C-001087 (4) INDIANTRIBE.- The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (5) STATE.-The term "Sta te" means(A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico ; and (D) any other territory or possession of the United States. (b) Project Identification ; Information .( 1) IN GENERAL.-The chief executive officer of a State or Indian tribe may(A) identify high priority projects on land under the jurisdiction of the chief executive officer; and (B) provide to the Chair of the Council on Environmental Quality such information regarding the projects identified under paragraph (1) as the Chair may require. (2) MULTISTAT E PROJECTS.-A project that crosses the boundaries of 1 or more States or areas subject to the jurisdiction of an Indian tribe shall not be identified as a high priority project unless the project is so identified by the chief executive officer of each affected State or Indian tribe. (c) Project Review.-The head of any agency with responsibility for review and approval of a high priority project shall ensure that any timeline for review developed under title XLI of the FAST Act (42 U.S.C. 4370m et seq.), section 139 of title 23, United States Code, or section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348), as applicable, is met. (d) Project Approval. ( 1) IN GENERAL.-Notwithstanding any other provision of law, in any case in which the duration of the Federal review of a high priority project has exceeded [3] years and the high priority project has not received all applicable Federal approvals , the Executive Director of the Federal Permittin g Impro vemen t Steering Council established by section 41002(a) of the FAST Act (42 U.S.C. 4370m-l (a)), with the concurrence of a \2/3\ majority of the heads of the agencies identified in section 41002(b)(2)(B) of that Act (42 U.S.C. 4370m l(b)(2)(B)) , may issue the applicable Federal approval s. (2) CONSIDERATION .-In determining whether to concur in the decision to issue applicable Federal approvals under paragraph (1), the heads of agencies referred to in that paragraph shall consider(A) the regional and national significance of the high priority project ; (B) the importance of the high priority project to the general welfare ; and (C) the value of the high priority project to the United States. (3) DISCRETION .- A determination by an agency head to concur in the decision to issue applicable Federal approvals and an action by the Executive Director of the Federal Permitting Steering Council to issue applicabl e Federal approvals are committed to the discretion of each agency head and to the Executive Director. (4) DELEGAT ION.-The authority to provide concurrence under paragraph ( 1) may not be delegated below the level of assistant secretary (or comparable level). (5) SUBSTANT IVE ANDPUBLI C NOTICEREQUIREMENTS.-T his section shall not relieve any person of the obligation to comply with(A) a substantive requirement of applicable law , including mitigation ; or (B) a requirement related to public notice and comment. AMERICA!\ pVERSIGHT 2 CEQ050FY18091 _000001930 CEQ-18-0173-C-001088 (4) INDIANTRIBE.- The term "Indian tribe" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (5) STATE.-The term "Sta te" means(A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico ; and (D) any other territory or possession of the United States. (b) Project Identification ; Information .( 1) IN GENERAL.-The chief executive officer of a State or Indian tribe may(A) identify high priority projects on land under the jurisdiction of the chief executive officer; and (B) provide to the Chair of the Council on Environmental Quality such information regarding the projects identified under paragraph (1) as the Chair may require. (2) MULTISTAT E PROJECTS.-A project that crosses the boundaries of 1 or more States or areas subject to the jurisdiction of an Indian tribe shall not be identified as a high priority project unless the project is so identified by the chief executive officer of each affected State or Indian tribe. (c) Project Review.-The head of any agency with responsibility for review and approval of a high priority project shall ensure that any timeline for review developed under title XLI of the FAST Act (42 U.S.C. 4370m et seq.), section 139 of title 23, United States Code, or section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348), as applicable, is met. (d) Project Approval. ( 1) IN GENERAL.-Notwithstanding any other provision of law, in any case in which the duration of the Federal review of a high priority project has exceeded [3] years and the high priority project has not received all applicable Federal approvals , the Executive Director of the Federal Permittin g Impro vemen t Steering Council established by section 41002(a) of the FAST Act (42 U.S.C. 4370m-l (a)), with the concurrence of a \2/3\ majority of the heads of the agencies identified in section 41002(b)(2)(B) of that Act (42 U.S.C. 4370m l(b)(2)(B)) , may issue the applicable Federal approval s. (2) CONSIDERATION .-In determining whether to concur in the decision to issue applicable Federal approvals under paragraph (1), the heads of agencies referred to in that paragraph shall consider(A) the regional and national significance of the high priority project ; (B) the importance of the high priority project to the general welfare ; and (C) the value of the high priority project to the United States. (3) DISCRETION .- A determination by an agency head to concur in the decision to issue applicable Federal approvals and an action by the Executive Director of the Federal Permitting Steering Council to issue applicabl e Federal approvals are committed to the discretion of each agency head and to the Executive Director. (4) DELEGAT ION.-The authority to provide concurrence under paragraph ( 1) may not be delegated below the level of assistant secretary (or comparable level). (5) SUBSTANT IVE ANDPUBLI C NOTICEREQUIREMENTS.-T his section shall not relieve any person of the obligation to comply with(A) a substantive requirement of applicable law , including mitigation ; or (B) a requirement related to public notice and comment. AMERICA!\ pVERSIGHT 2 CEQ050FY18091 _000001930 CEQ-18-0173-C-001088 (e) Status ofDecision.-An approval by the Executive Director of the Federal Permitting Steering Counc il under this section shall not be considered to be a major Federa l action for purposes of the National Environmenta l Policy Act of l 969 (42 U.S.C. 4321 et seq.). (f) Repeal.-Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is repealed . Susan Parker Bodine Chief Counsel U .S. Senate Environment & Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 MR N PVERSIGHT 3 CEQ050FY18091_000001930 CEQ-18-0173-C-001089 (e) Status ofDecision.-An approval by the Executive Director of the Federal Permitting Steering Counc il under this section shall not be considered to be a major Federa l action for purposes of the National Environmenta l Policy Act of l 969 (42 U.S.C. 4321 et seq.). (f) Repeal.-Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is repealed . Susan Parker Bodine Chief Counsel U .S. Senate Environment & Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 MR N PVERSIGHT 3 CEQ050FY18091_000001930 CEQ-18-0173-C-001089 RE: EO? From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydiboh f23spdlt )/cn=recipients/c n=c7ce1 ebaef28486db 7e75a45c 19c9813-herrgo tt, a"> To: "Brunne r, Jan (EPW)" Date: Tue , 15 Aug 2017 10:51:58 -0400 WE are signing an EO on pe rmitting. A lexa nder He r rgott A ssociate Di rector for Infrastructure Council on Envi ro nme ntal Quality From : Brunner, Jan (EPW) [mailto :Jan_ Brunner@epw .senate.gov] Se nt : Tuesday, August 15, 20 1710 :37 AM To: Herrg ott, Alex H. EOP/CEQ Subject : EO? Sure Memmott has reached out to you already. He asked for your email address. He's in charge of the office with Richard and Brian gone . Anything you can te ll me? Jan Brunner Majorit y Coun sel Senate Committe e on Environment and Public Works 4 15 Hart Senate Office Building (d;rect) MR N PVERSIGHT 1 CEQ050FY1809 1_00000 1933 CEQ-18-0173-C-001090 RE: EO? From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydiboh f23spdlt )/cn=recipients/c n=c7ce1 ebaef28486db 7e75a45c 19c9813-herrgo tt, a"> To: "Brunne r, Jan (EPW)" Date: Tue , 15 Aug 2017 10:51:58 -0400 WE are signing an EO on pe rmitting. A lexa nder He r rgott A ssociate Di rector for Infrastructure Council on Envi ro nme ntal Quality From : Brunner, Jan (EPW) [mailto :Jan_ Brunner@epw .senate.gov] Se nt : Tuesday, August 15, 20 1710 :37 AM To: Herrg ott, Alex H. EOP/CEQ Subject : EO? Sure Memmott has reached out to you already. He asked for your email address. He's in charge of the office with Richard and Brian gone . Anything you can te ll me? Jan Brunner Majorit y Coun sel Senate Committe e on Environment and Public Works 4 15 Hart Senate Office Building (d;rect) MR N PVERSIGHT 1 CEQ050FY1809 1_00000 1933 CEQ-18-0173-C-001090 RE: EO To: "Memmott, Justin (EPW)" Date: Tue, 15 Aug 201710 :06 :15 -0400 I can Alexander Herrgott Associate Director for Infrastructure Counc il on Environmental Quality From : Memmott, Justin (EPW) [mailto: Just in_ Memmott@epw .senate.gov] Sent:Tuesday, August 15, 2017 9:52 AM To: Herrgott, Alex H. EOP/CEQ Subject: EO Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of the EO on infrastructure permitting? Thank you . Justin J. Memmott Majo rity Senior Counsel Senate Environment and Public Works Committee (d MR N PVERSIGHT 1 CEQ050FY18091 _ 000002689 CEQ-18-0173-C-001091 RE: EO To: "Memmott, Justin (EPW)" Date: Tue, 15 Aug 201710 :06 :15 -0400 I can Alexander Herrgott Associate Director for Infrastructure Counc il on Environmental Quality From : Memmott, Justin (EPW) [mailto: Just in_ Memmott@epw .senate.gov] Sent:Tuesday, August 15, 2017 9:52 AM To: Herrgott, Alex H. EOP/CEQ Subject: EO Alex, I hope you are doing well and enjoying the new gig at CEQ. If possible, can we get a copy of the EO on infrastructure permitting? Thank you . Justin J. Memmott Majo rity Senior Counsel Senate Environment and Public Works Committee (d MR N PVERSIGHT 1 CEQ050FY18091 _ 000002689 CEQ-18-0173-C-001091 RE: PermittingEO From: "Nee ly, Amanda (HSGAC)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed , 16 Aug 2017 09:15:06 -0400 Thanks a lot. At some point soon, can we talk through it so I can be sure I understand it? I probabl y could talk on the phone around 5:30 tonight while I'm driving, or tomorrow afternoon when rmdriv ing to NC for vacation (theoretically ; we'll see ifl get to leave). Amanda H. Neely General Counsel to Senator Rob Portman Depl1tyCbiefCounsel , Pennanent Subcommittee on Investigations United States Senate I Amanda_Neely@HSGAC.Senate ,Gov -----Original Message----From:Herrgott, Alex H. EOP /CEQ [mail to Sent: Tuesday , August 15, 2017 3:20 PM To: Neely , Amanda (HSGAC) Subject: Pennittin g EO MR N PVERSIGHT 1 CEQ050FY18091 _ 000000423 CEQ-18-0173-C-001092 RE: PermittingEO From: "Nee ly, Amanda (HSGAC)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed , 16 Aug 2017 09:15:06 -0400 Thanks a lot. At some point soon, can we talk through it so I can be sure I understand it? I probabl y could talk on the phone around 5:30 tonight while I'm driving, or tomorrow afternoon when rmdriv ing to NC for vacation (theoretically ; we'll see ifl get to leave). Amanda H. Neely General Counsel to Senator Rob Portman Depl1tyCbiefCounsel , Pennanent Subcommittee on Investigations United States Senate I Amanda_Neely@HSGAC.Senate ,Gov -----Original Message----From:Herrgott, Alex H. EOP /CEQ [mail to Sent: Tuesday , August 15, 2017 3:20 PM To: Neely , Amanda (HSGAC) Subject: Pennittin g EO MR N PVERSIGHT 1 CEQ050FY18091 _ 000000423 CEQ-18-0173-C-001092 TA Non-federalContribution-Pre-decisional /Deliberative "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: "Donaldson , Teri (EPW)" Date: Sun, 18 Feb 2018 17:24:41 -0500 Attachments d 14e44c8e9-he"> TA_NonFed Resources .docx (18.19 kB) Teri, As requested , lets chat Tuesday. Have a good rest of weekend. Alex From:Donaldson, Teri (EPW) [mailto:Teri Donaldson@epw .senate.gov] Sent: Wed nesday, February 14, 20181:54 PM To: Herrgott, Alex H. EOP/CEQ Subject: Question and request ... Hi Alex, Big day yesterday! Hope all is well wi t h you. Do you have language for the concept of allowing nonfederal partners to use existing federal NEPAdocuments? If so, could you send it along? Thanks. Teri Teri L. Donaldson General Counsel U.S. Senate, Environment and Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 AMR AN PVERSIGHT 1 CEQ050FY18091_000000528 CEQ-18-0173-C-001093 TA Non-federalContribution-Pre-decisional /Deliberative "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: "Donaldson , Teri (EPW)" Date: Sun, 18 Feb 2018 17:24:41 -0500 Attachments d 14e44c8e9-he"> TA_NonFed Resources .docx (18.19 kB) Teri, As requested , lets chat Tuesday. Have a good rest of weekend. Alex From:Donaldson, Teri (EPW) [mailto:Teri Donaldson@epw .senate.gov] Sent: Wed nesday, February 14, 20181:54 PM To: Herrgott, Alex H. EOP/CEQ Subject: Question and request ... Hi Alex, Big day yesterday! Hope all is well wi t h you. Do you have language for the concept of allowing nonfederal partners to use existing federal NEPAdocuments? If so, could you send it along? Thanks. Teri Teri L. Donaldson General Counsel U.S. Senate, Environment and Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 AMR AN PVERSIGHT 1 CEQ050FY18091_000000528 CEQ-18-0173-C-001093 Teri Donaldson@epw.senate.gov AMERICA\J PVERSIGHT 2 CE Q050 FY 18091_ 000000528 CEQ-18-0173-C-001094 Teri Donaldson@epw.senate.gov AMERICA\J PVERSIGHT 2 CE Q050 FY 18091_ 000000528 CEQ-18-0173-C-001094 TECHNICAL ASSISTANCE ONLY - THIS PROPOSAL DOES NOT REPRESENT A POSITION OF EITHER SUPPORT OR OPPOSITION BY THE ADMINISTRATION OR COUNCIL ON ENVIRONMENTAL QUALITY (a) Acceptance of Funds (1) The head of any agency may, after pub lic notice, accept and expend funds, contributed by a non-Federal person or entity to expedite the environmental review and/or authorization of an infrastructure project. (2) Such activities will include , but not be limited to, per sonnel , contractor , and consulting activitie s in furtherance of the planning , preapplication , environmental review, and authorization processes for the environmental review and authorization of an infrastructure project. (b) Effect on Perm itting (1) Agencies shall ensure that the use of funds accepted under subsection (a) will not impact impartial decision -making with respect to environmental reviews and authorizations. (2) The acceptance of funds from any non-Federa l entity under this section shall be subject to the non-Fede ral person's or entity's agreeme nt and understanding that the Federal agency ' s use of funds shall be subject Federal agency's exclus ive use and control concerning the environmenta l review and authorization of the project and that the Federal agency w ill object ively carry out its responsibilities under Federal law. (3) Prior to acceptance of any funds under subsection (a), the Federal agency shall notify the Council on Environmenta l Quality of the financial an-angement and state that its use of funds will not impact its ability to impartia lly make a decision with respect to the environmental review and authorization. The Federa l agency will further provide that if it determjnes that its ability to impartia lly make a decision is imp aired, then it will terminate the financia l arrangement. (c) ( 1) The term s "authori zation" and "environmental review" shall have the same meaning as provided in 42 U.S .C. 4370m. (2) The term "infrastructure project " means a project to develop the public and private physical assets that are designed to provide or support services to the general public in the following sectors : surface transportation , including roadway s, bridge s, railroads , and tran sit; aviation ; ports , including navigational channels ; water resources projects ; energy production and generation , includin g from fossil, renewable , nuclear , and hydro sources ; electri city transmis sion; broadband Internet ; pipelines ; stormwater and sewer infrastructure ; drinking water infrastructure ; and other sectors as may be determined by the Federal Permitting Improv ement Steering Council. (d) Applicability. The authority in the section may be applied in lieu of any other similar authority for the environmental review and authorization of any infrastructure proje ct, includin g those at 33 U.S .C. 2352 and 49 U.S.C. 307, except for the authority under 40 U.S. C. 4370m-8 . AMERICA!\ pVERSIGHT CEQ050FY18091 _000000529 CEQ-18-0173-C-001095 TECHNICAL ASSISTANCE ONLY - THIS PROPOSAL DOES NOT REPRESENT A POSITION OF EITHER SUPPORT OR OPPOSITION BY THE ADMINISTRATION OR COUNCIL ON ENVIRONMENTAL QUALITY (a) Acceptance of Funds (1) The head of any agency may, after pub lic notice, accept and expend funds, contributed by a non-Federal person or entity to expedite the environmental review and/or authorization of an infrastructure project. (2) Such activities will include , but not be limited to, per sonnel , contractor , and consulting activitie s in furtherance of the planning , preapplication , environmental review, and authorization processes for the environmental review and authorization of an infrastructure project. (b) Effect on Perm itting (1) Agencies shall ensure that the use of funds accepted under subsection (a) will not impact impartial decision -making with respect to environmental reviews and authorizations. (2) The acceptance of funds from any non-Federa l entity under this section shall be subject to the non-Fede ral person's or entity's agreeme nt and understanding that the Federal agency ' s use of funds shall be subject Federal agency's exclus ive use and control concerning the environmenta l review and authorization of the project and that the Federal agency w ill object ively carry out its responsibilities under Federal law. (3) Prior to acceptance of any funds under subsection (a), the Federal agency shall notify the Council on Environmenta l Quality of the financial an-angement and state that its use of funds will not impact its ability to impartia lly make a decision with respect to the environmental review and authorization. The Federa l agency will further provide that if it determjnes that its ability to impartia lly make a decision is imp aired, then it will terminate the financia l arrangement. (c) ( 1) The term s "authori zation" and "environmental review" shall have the same meaning as provided in 42 U.S .C. 4370m. (2) The term "infrastructure project " means a project to develop the public and private physical assets that are designed to provide or support services to the general public in the following sectors : surface transportation , including roadway s, bridge s, railroads , and tran sit; aviation ; ports , including navigational channels ; water resources projects ; energy production and generation , includin g from fossil, renewable , nuclear , and hydro sources ; electri city transmis sion; broadband Internet ; pipelines ; stormwater and sewer infrastructure ; drinking water infrastructure ; and other sectors as may be determined by the Federal Permitting Improv ement Steering Council. (d) Applicability. The authority in the section may be applied in lieu of any other similar authority for the environmental review and authorization of any infrastructure proje ct, includin g those at 33 U.S .C. 2352 and 49 U.S.C. 307, except for the authority under 40 U.S. C. 4370m-8 . AMERICA!\ pVERSIGHT CEQ050FY18091 _000000529 CEQ-18-0173-C-001095 TECHNICAL ASSISTANCE ONLY - THIS PROPOSAL DOES NOT REPRESENT A POSITION OF EITHER SUPPORT OR OPPOSITION BY THE ADMINISTRATION OR COUNCIL ON ENVIRONMENTAL QUALITY (e) Section 4370m-8 of title 40, United States Code , shall be amended by amending subsection (a) to read as follows : (a) Within 180 days of the enactment of this Act, the Executive Director shall establish a fee structure for project proponents to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000000529 CEQ-18-0173-C-001096 TECHNICAL ASSISTANCE ONLY - THIS PROPOSAL DOES NOT REPRESENT A POSITION OF EITHER SUPPORT OR OPPOSITION BY THE ADMINISTRATION OR COUNCIL ON ENVIRONMENTAL QUALITY (e) Section 4370m-8 of title 40, United States Code , shall be amended by amending subsection (a) to read as follows : (a) Within 180 days of the enactment of this Act, the Executive Director shall establish a fee structure for project proponents to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000000529 CEQ-18-0173-C-001096 InfraPackageVets Hearing From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : Cc: Date: robert_henke@vetaff .senate .gov, tom_hawkins@mcconnell.sena te.gov tom_hawkins@mcconne ll.senate .gov , "Van Doren , Terry (McConnell)" Sun, 18 Feb 2018 16:56:53-0500 Robert , Would you be open to do ing a hearing in your Committee consistent with our section of the Infra Proposal, sometime in March? Perhaps with Sec. Vet and some of the VSOs. Have a good rest of weekend. Perhaps we can discuss on Tuesday. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_000000532 CEQ-18-0173-C-001097 InfraPackageVets Hearing From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : Cc: Date: robert_henke@vetaff .senate .gov, tom_hawkins@mcconnell.sena te.gov tom_hawkins@mcconne ll.senate .gov , "Van Doren , Terry (McConnell)" Sun, 18 Feb 2018 16:56:53-0500 Robert , Would you be open to do ing a hearing in your Committee consistent with our section of the Infra Proposal, sometime in March? Perhaps with Sec. Vet and some of the VSOs. Have a good rest of weekend. Perhaps we can discuss on Tuesday. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_000000532 CEQ-18-0173-C-001097 Infrastructure Calendar.2.18.18--Herrgott "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients /cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" Date: Sun , 18 Feb 2018 16:25 :05 -0500 Attachments Infrastructure Calendar.2.18.18--Herrgott.docx Disregard the earlier one-that (32.25 kB) was an old version. Also , the list below is what I th ink would be the group we cou ld focus on with member visits, phone calls and principal interaction and the like . What do you think? 1 CEQ050FY18091_000000533 CEQ-18-0173-C-001098 Infrastructure Calendar.2.18.18--Herrgott "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients /cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" Date: Sun , 18 Feb 2018 16:25 :05 -0500 Attachments Infrastructure Calendar.2.18.18--Herrgott.docx Disregard the earlier one-that (32.25 kB) was an old version. Also , the list below is what I th ink would be the group we cou ld focus on with member visits, phone calls and principal interaction and the like . What do you think? 1 CEQ050FY18091_000000533 CEQ-18-0173-C-001098 2 2 Infrastructure Calendar.2.14.18(002) "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients /cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" Date: Sun , 18 Feb 2018 14:51:13 -0500 Attachments Infrastructure Calendar.2.14.18 (002) .docx (29 .87 kB) Very rough draft o f a Calendar I am putting toge t her . Anything you can add on specifics would be helpful. Also any upda te on SD events ? Give me a call anytime . Working all weeke nd MR N PVERSIGHT 1 CEQ050FY18091_000000535 CEQ-18-0173-C-001105 Infrastructure Calendar.2.14.18(002) "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients /cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" Date: Sun , 18 Feb 2018 14:51:13 -0500 Attachments Infrastructure Calendar.2.14.18 (002) .docx (29 .87 kB) Very rough draft o f a Calendar I am putting toge t her . Anything you can add on specifics would be helpful. Also any upda te on SD events ? Give me a call anytime . Working all weeke nd MR N PVERSIGHT 1 CEQ050FY18091_000000535 CEQ-18-0173-C-001105 Re: Infrastructure Calendar.2.18.18-Herrgott From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: sun, 18 Feb 2018 18:03:22 -0500 Our two sub hearings will likely be on tuesday or thursday . I thinkn the broadband one w ill be 13th. Nelson and Chao got in a fight the last time they were on the phone. Might want to have someone else call. Ross is alsonat out hearing. Think the member list is good. Peter's is a really good read with labor. I think Cruz is gettable if focus on the reform parts, same for Johnson. ------ -- Original message -------From: "Herrgott, A lex H. EOP/CEQ" Date: 2/ 18/ 18 2:26 PM (GMT- 07:00) To: "Amakis, Adrian (Commerce)" Subject: lnfrastructure Caknd ar.2.l 8.18--Herrgotl Disregard the earlier one-that was an old version. Al so, t he list below is what I th ink would be t he gr oup we cou ld focus on with mem ber visit s, phone calls and principal inter actio n and the like . What do you t hink? Alex 1 CEQ050FY18091_000003091 CEQ-18-0173-C-001109 Re: Infrastructure Calendar.2.18.18-Herrgott From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: sun, 18 Feb 2018 18:03:22 -0500 Our two sub hearings will likely be on tuesday or thursday . I thinkn the broadband one w ill be 13th. Nelson and Chao got in a fight the last time they were on the phone. Might want to have someone else call. Ross is alsonat out hearing. Think the member list is good. Peter's is a really good read with labor. I think Cruz is gettable if focus on the reform parts, same for Johnson. ------ -- Original message -------From: "Herrgott, A lex H. EOP/CEQ" Date: 2/ 18/ 18 2:26 PM (GMT- 07:00) To: "Amakis, Adrian (Commerce)" Subject: lnfrastructure Caknd ar.2.l 8.18--Herrgotl Disregard the earlier one-that was an old version. Al so, t he list below is what I th ink would be t he gr oup we cou ld focus on with mem ber visit s, phone calls and principal inter actio n and the like . What do you t hink? Alex 1 CEQ050FY18091_000003091 CEQ-18-0173-C-001109 2 CEOO50FY18091-000003091 2 RE: InfraPackageVets Hearing From To: "Henke, Robert (Veterans Affairs)" "Herrgott , Alex H. EOP/CEQ" "Hawkins, Tom (McConnell)" , "Van Doren. Terry Cc: (McConnell)" , "Reece , Adam (Veterans Affairs)" , "Campbell , Leslie (Veterans Affairs)" Date: Mon, 19 Feb 20 1812:02 :28 -0500 Alex, we'll consider it. For context, you should know that we are stacked up for hearings; the week back from recess we start our series of 5 separate VSO hearings. I have not received anything from VA about the infrastructure proposal, despite asking. Maybe my staff has. Thanks- bob From: Herrgott, Alex H. EOP/CEQ [mailt Sent : Sunday, February 18, 2018 4:57 PM To: Henke, Robert (Veterans Affairs) ; Hawkins, Tom (McConnell) Cc: Hawkins , Tom (McConnell) ; Subject : Infra Package Vets Hearing Van Doren, Terry (McConnell) Robert, Would you be open to doing a hearing in your Committee consistent with our section of the Infra Proposal, sometime in March? Perhaps with Sec. Vet and some of the VSOs. Have a good rest of weekend . Pe rhaps we can discuss on Tuesday. AMR AN PVERSIGHT 1 CEQ050FY 18091_000001550 CEQ-18-0173-C-001111 RE: InfraPackageVets Hearing From To: "Henke, Robert (Veterans Affairs)" "Herrgott , Alex H. EOP/CEQ" "Hawkins, Tom (McConnell)" , "Van Doren. Terry Cc: (McConnell)" , "Reece , Adam (Veterans Affairs)" , "Campbell , Leslie (Veterans Affairs)" Date: Mon, 19 Feb 20 1812:02 :28 -0500 Alex, we'll consider it. For context, you should know that we are stacked up for hearings; the week back from recess we start our series of 5 separate VSO hearings. I have not received anything from VA about the infrastructure proposal, despite asking. Maybe my staff has. Thanks- bob From: Herrgott, Alex H. EOP/CEQ [mailt Sent : Sunday, February 18, 2018 4:57 PM To: Henke, Robert (Veterans Affairs) ; Hawkins, Tom (McConnell) Cc: Hawkins , Tom (McConnell) ; Subject : Infra Package Vets Hearing Van Doren, Terry (McConnell) Robert, Would you be open to doing a hearing in your Committee consistent with our section of the Infra Proposal, sometime in March? Perhaps with Sec. Vet and some of the VSOs. Have a good rest of weekend . Pe rhaps we can discuss on Tuesday. AMR AN PVERSIGHT 1 CEQ050FY 18091_000001550 CEQ-18-0173-C-001111 Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality MR N PVERSIGHT 2 CEQ050FY18091_000001550 CEQ-18-0173-C-001112 Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality MR N PVERSIGHT 2 CEQ050FY18091_000001550 CEQ-18-0173-C-001112 RE: Infrastructure Calendar.2.18.18--Herrgott From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" Date: Tue , 20 Feb 2018 11 :36:52 -0500 thanks From: Arnakis, Adrian {Commerce) [mailto:Adrian_Arnakis@commerce.senate Sent : Sunday, February 18, 2018 6:03 PM To: Herrgott, Alex H. EOP/CEQ Subject : Re: Infrastructure Calendar .2.18.18--Herrgot t .gov] Our two sub hearings will likely be on tuesday or thursday . I thinkn the broadband one will be 13th. Nelson and Chao got in a fight the last time they were on the phone. Might want to have someone else call. Ross is alsonat out hearing. Think the member list is good. Peter's is a really good read with labor. I think Cruz is gettable if focus on the reform parts, same for Johnson . -------- Original message -------From : "Herrgott , A lex H . EOP/CEQ" Date : 2/ 18/ 18 2:26 PM (GMT-07:00) To: "Arnakis , Adrian (Commerce)" Subject: Infras tructure Calendar .2 . l 8.18--Herrgott Disregard the earlier one-that was an old version. Also, the list below is what I think would be the group we cou ld focus on with member visits, phone calls and principal interaction and the like. What do you think? Alex 1 CEQ050FY18091 _ 000000973 CEQ-18-0173-C-001113 RE: Infrastructure Calendar.2.18.18--Herrgott From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" Date: Tue , 20 Feb 2018 11 :36:52 -0500 thanks From: Arnakis, Adrian {Commerce) [mailto:Adrian_Arnakis@commerce.senate Sent : Sunday, February 18, 2018 6:03 PM To: Herrgott, Alex H. EOP/CEQ Subject : Re: Infrastructure Calendar .2.18.18--Herrgot t .gov] Our two sub hearings will likely be on tuesday or thursday . I thinkn the broadband one will be 13th. Nelson and Chao got in a fight the last time they were on the phone. Might want to have someone else call. Ross is alsonat out hearing. Think the member list is good. Peter's is a really good read with labor. I think Cruz is gettable if focus on the reform parts, same for Johnson . -------- Original message -------From : "Herrgott , A lex H . EOP/CEQ" Date : 2/ 18/ 18 2:26 PM (GMT-07:00) To: "Arnakis , Adrian (Commerce)" Subject: Infras tructure Calendar .2 . l 8.18--Herrgott Disregard the earlier one-that was an old version. Also, the list below is what I think would be the group we cou ld focus on with member visits, phone calls and principal interaction and the like. What do you think? Alex 1 CEQ050FY18091 _ 000000973 CEQ-18-0173-C-001113 2 8091-000000973 2 Capito/bookerop-ed on drinkingwater and our Infraplan. From: To: "Dorr, Kaelan K. EOP/WHO" Cc: Chris Slevin Date: Tue, 27 Feb 2018 16:27:16-0500 Capito's folks are ready to roll. And are reaching out to booker. Just talked to them Want a booker contact? chris slevin@booker.senate.gov Chris is good people sen will work with us on getting something good in major press. Sent from my iPhone MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000504 CEQ-18-0173-C-001115 Capito/bookerop-ed on drinkingwater and our Infraplan. From: To: "Dorr, Kaelan K. EOP/WHO" Cc: Chris Slevin Date: Tue, 27 Feb 2018 16:27:16-0500 Capito's folks are ready to roll. And are reaching out to booker. Just talked to them Want a booker contact? chris slevin@booker.senate.gov Chris is good people sen will work with us on getting something good in major press. Sent from my iPhone MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000504 CEQ-18-0173-C-001115 Re: Capito/bookerop-ed on drinkingwaterand our Infraplan. From: "Dorr, Kaelan K. EOP/WHO" To: "Herrgott, Alex H. EOP/CEQ" Cc: Chris Slevin Date: Tue , 27 Feb 2018 17:59:49 -0500 Roger that I'll dial him up and make sure they're squared away Sent from my iPbone On Feb 27, 2018, at 4:27 PM, Herrgott, Alex H. EOP/CEQ wrote: Capita' s folks are ready to roll. And are reaching out to booker. Just talked to them. Want a booker contact? chris slevin@booker.senate.gov Chris is goodpeople sen will work witl1us ou getting somethinggood in major press. Sent from my iPhone MR N PVERSIGHT 1 CEQ050FY18091_000003078 CEQ-18-0173-C-001116 Re: Capito/bookerop-ed on drinkingwaterand our Infraplan. From: "Dorr, Kaelan K. EOP/WHO" To: "Herrgott, Alex H. EOP/CEQ" Cc: Chris Slevin Date: Tue , 27 Feb 2018 17:59:49 -0500 Roger that I'll dial him up and make sure they're squared away Sent from my iPbone On Feb 27, 2018, at 4:27 PM, Herrgott, Alex H. EOP/CEQ wrote: Capita' s folks are ready to roll. And are reaching out to booker. Just talked to them. Want a booker contact? chris slevin@booker.senate.gov Chris is goodpeople sen will work witl1us ou getting somethinggood in major press. Sent from my iPhone MR N PVERSIGHT 1 CEQ050FY18091_000003078 CEQ-18-0173-C-001116 PermittingChart. "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> "Arnakis , Adrian (Commerce)" , "Fuchs, To: Patrick (Commerce)" , "Neely, Andrew (Commerce)" , "Gibbons , Fern (Commerce)" Date: Attachments Mon, 12 Mar 2018 18:14:17 -0400 flow-chart 2.7 .18.pdf (5.94 MB) Is there any way you guys can make this a floor chart for Wednesday that that Cabinet officials can reference. AMER C Af\ pVERSIGHT CEQ050 FY18 091_000000460 CEQ-18-0173-C-001117 PermittingChart. "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> "Arnakis , Adrian (Commerce)" , "Fuchs, To: Patrick (Commerce)" , "Neely, Andrew (Commerce)" , "Gibbons , Fern (Commerce)" Date: Attachments Mon, 12 Mar 2018 18:14:17 -0400 flow-chart 2.7 .18.pdf (5.94 MB) Is there any way you guys can make this a floor chart for Wednesday that that Cabinet officials can reference. AMER C Af\ pVERSIGHT CEQ050 FY18 091_000000460 CEQ-18-0173-C-001117 . Submit Application to USCG USCG Publishes Notice anti Requests Public Comments {30 Days) USCG Navigation Determination Bridge Permit Issued Aerona un'cal Determination for projects near airports or involving structuresfcranes over 200? Submit Application to FAA Public Notice of an Aeranautical Study FAA Aeronautical DetE'minat?ion Permit Issued CEQOS DFY1 3091_000000461 . Submit Application to USCG USCG Publishes Notice anti Requests Public Comments {30 Days) USCG Navigation Determination Bridge Permit Issued Aerona un'cal Determination for projects near airports or involving structuresfcranes over 200? Submit Application to FAA Public Notice of an Aeranautical Study FAA Aeronautical DetE'minat?ion Permit Issued CEQOS DFY1 3091_000000461 RE: PermittingChart. From "Herrgott, Alex H. EOP/CEQ" <"/o=exchangeorganization/ou=exchangeadministrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> "Arnakis, Adrian (Commerce)", "Fuchs, Patrick To: (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons, Fern (Commerce)" Date: Mon, 12 Mar 2018 18:44:02 -0400 If it needs to be cut in half for two floor charts, that is w ould be awesome if it is two condensed . From:Arnakis, Adrian (Commerce)[mailto:Adrian_Arnakis@commerce.senate .gov] Sent: Monday, March 12, 2018 6:41 PM To: Herrgott, Alex H. EOP/CEQ Fuchs, Patrick (Commerce) ; Neely, Andr ew (Commerce) ; Gibbons, Fern (Commerce) Subject: RE: Permitting Chart. Sure, we will also have print ed version at each members seat. From: Herrgott, Alex H. EOP/CEQ[mailto Sent : Monday, March 12, 2018 6:14 PM To: Arnakis, Adrian (Commerce) ; v] Fuchs, Patrick (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) Subject: Permitting Chart. Is there any way you guys can make t his a floor chart for Wednesday that t hat Cabinet officia ls can ref erence . MR N PVERSIGHT 1 CEQ050FY18091_000000797 CEQ-18-0173-C-001119 RE: PermittingChart. From "Herrgott, Alex H. EOP/CEQ" <"/o=exchangeorganization/ou=exchangeadministrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> "Arnakis, Adrian (Commerce)", "Fuchs, Patrick To: (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons, Fern (Commerce)" Date: Mon, 12 Mar 2018 18:44:02 -0400 If it needs to be cut in half for two floor charts, that is w ould be awesome if it is two condensed . From:Arnakis, Adrian (Commerce)[mailto:Adrian_Arnakis@commerce.senate .gov] Sent: Monday, March 12, 2018 6:41 PM To: Herrgott, Alex H. EOP/CEQ Fuchs, Patrick (Commerce) ; Neely, Andr ew (Commerce) ; Gibbons, Fern (Commerce) Subject: RE: Permitting Chart. Sure, we will also have print ed version at each members seat. From: Herrgott, Alex H. EOP/CEQ[mailto Sent : Monday, March 12, 2018 6:14 PM To: Arnakis, Adrian (Commerce) ; v] Fuchs, Patrick (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) Subject: Permitting Chart. Is there any way you guys can make t his a floor chart for Wednesday that t hat Cabinet officia ls can ref erence . MR N PVERSIGHT 1 CEQ050FY18091_000000797 CEQ-18-0173-C-001119 RE: PermittingChart. From "Arnakis , Adrian (Commerce)" "Herrgott , Alex H. EOP/CEQ" To: "Fuc hs, Patrick (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons , Fern (Commerce)" Date: Mon, 12 Mar 20 18 18:41 :24 -0400 Sure, we will also have printed version at each members seat . From:Herrgott,Alex H. EOP/CEQ [mailt Sent : Monday, March 12, 2018 6:14 PM To: Arnakis, Adrian {Commerce) ; Fuchs, Patrick (Commerce ) ; Neely, Andrew {Commerce) ; Gibbons, Fern {Commerce) Subject : Permitting Chart . Is there any way you guys can make t his a floor chart for Wednesday tha t t hat Cabinet officia ls can reference . MR N PVERSIGHT 1 CEQ050FY18091_000001477 CEQ-18-0173-C-001120 RE: PermittingChart. From "Arnakis , Adrian (Commerce)" "Herrgott , Alex H. EOP/CEQ" To: "Fuc hs, Patrick (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons , Fern (Commerce)" Date: Mon, 12 Mar 20 18 18:41 :24 -0400 Sure, we will also have printed version at each members seat . From:Herrgott,Alex H. EOP/CEQ [mailt Sent : Monday, March 12, 2018 6:14 PM To: Arnakis, Adrian {Commerce) ; Fuchs, Patrick (Commerce ) ; Neely, Andrew {Commerce) ; Gibbons, Fern {Commerce) Subject : Permitting Chart . Is there any way you guys can make t his a floor chart for Wednesday tha t t hat Cabinet officia ls can reference . MR N PVERSIGHT 1 CEQ050FY18091_000001477 CEQ-18-0173-C-001120 RE: PermittingChart. From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> "Arnakis , Adrian (Commerce)" , "Fuchs , Patrick To: (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons , Fern (Commerce)" Date: Tue , 13 Mar 2018 11:16:08-0400 I will ask the nerd in me what that is first, then I w ill ask someo ne who act ually knows, then I will send ASAP. From: Arnakis, Adrian (Commerce) [mailto:Adrian_Arnakis@commerce.senate .gov] Sent : Tuesday, Marc h 13, 2018 10:44 AM To: Herrgott, Alex H. EOP/CE Fuchs, Patrick {Commerce) ; Neely, Andrew {Commerce) ; Gibbons, Fern {Commerce) Subject:Re: Permitting Chart. Can you send me the design file for this. -------- Original message-------From: "Herrgott, Alex H. EOP/CEQ" Date: 3/ 12/ 18 6: 15 PM (GMT-05:00) To: "Arnakis, Adrian (Commerce)" , "Fuchs, Patrick (Commerce)" , "Neely, Andrew (Commerce)" , "Gibbons , Fero (Commerc e)" Subject: Permitting Chart. Is there any way you guys can make this a floor chart for Wed nesday that t hat Cabinet officials can reference. AMR AN PVERSIGHT 1 CEQ050FY18091_000000457 CEQ-18-0173-C-001121 RE: PermittingChart. From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> "Arnakis , Adrian (Commerce)" , "Fuchs , Patrick To: (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons , Fern (Commerce)" Date: Tue , 13 Mar 2018 11:16:08-0400 I will ask the nerd in me what that is first, then I w ill ask someo ne who act ually knows, then I will send ASAP. From: Arnakis, Adrian (Commerce) [mailto:Adrian_Arnakis@commerce.senate .gov] Sent : Tuesday, Marc h 13, 2018 10:44 AM To: Herrgott, Alex H. EOP/CE Fuchs, Patrick {Commerce) ; Neely, Andrew {Commerce) ; Gibbons, Fern {Commerce) Subject:Re: Permitting Chart. Can you send me the design file for this. -------- Original message-------From: "Herrgott, Alex H. EOP/CEQ" Date: 3/ 12/ 18 6: 15 PM (GMT-05:00) To: "Arnakis, Adrian (Commerce)" , "Fuchs, Patrick (Commerce)" , "Neely, Andrew (Commerce)" , "Gibbons , Fero (Commerc e)" Subject: Permitting Chart. Is there any way you guys can make this a floor chart for Wed nesday that t hat Cabinet officials can reference. AMR AN PVERSIGHT 1 CEQ050FY18091_000000457 CEQ-18-0173-C-001121 RE: PermittingChart. "Arnakis, Adrian (Commerce)", "Fuchs, Patrick To: (Commerce)" , "Neely, Andrew (Commerce)" , "Gibbons, Fern (Commerce)" Date Tue, 13 Mar 2018 11:13 :35-0400 I wil l ask the nerd in me wha t t hat is fir st, then I w ill ask someo ne w ho actua lly knows, the n I wil l send ASAP. From: Arnakis, Adrian {Commerce) [mailto:Adrian _Arnakis@commerce.senate.gov] Sent:Tuesday, March 13, 2018 10:44 AM To: Herrgott, Alex H. EOP/CE ; Fuchs, Patrick (Commerce) ; Neely, Andrew {Commerce) ; Gibbons, Fern {Commerce) Subject : Re: Permitting Chart. Can you send me the design file for this . -------- Orig inal message -------From: "Herrgott , Alex H . EO P/CEQ" Date : 3/ 12/18 6: 15 PM (GMT-05:00) To: "Arnakis , Adrian (Commerce)" , "Fuchs , Patrick (Commerce)" , "Neely , And rew (Commerce)" , "Gibbons , Fem (Commerce)" Subject: Perm itting Chart. Is there any way you guys can make t his a floor chart for Wednesda y that t hat Cabinet officia ls can refer ence. AMR AN PVERSIGHT 1 CEQ050FY18091_000001342 CEQ-18-0173-C-001122 RE: PermittingChart. "Arnakis, Adrian (Commerce)", "Fuchs, Patrick To: (Commerce)" , "Neely, Andrew (Commerce)" , "Gibbons, Fern (Commerce)" Date Tue, 13 Mar 2018 11:13 :35-0400 I wil l ask the nerd in me wha t t hat is fir st, then I w ill ask someo ne w ho actua lly knows, the n I wil l send ASAP. From: Arnakis, Adrian {Commerce) [mailto:Adrian _Arnakis@commerce.senate.gov] Sent:Tuesday, March 13, 2018 10:44 AM To: Herrgott, Alex H. EOP/CE ; Fuchs, Patrick (Commerce) ; Neely, Andrew {Commerce) ; Gibbons, Fern {Commerce) Subject : Re: Permitting Chart. Can you send me the design file for this . -------- Orig inal message -------From: "Herrgott , Alex H . EO P/CEQ" Date : 3/ 12/18 6: 15 PM (GMT-05:00) To: "Arnakis , Adrian (Commerce)" , "Fuchs , Patrick (Commerce)" , "Neely , And rew (Commerce)" , "Gibbons , Fem (Commerce)" Subject: Perm itting Chart. Is there any way you guys can make t his a floor chart for Wednesda y that t hat Cabinet officia ls can refer ence. AMR AN PVERSIGHT 1 CEQ050FY18091_000001342 CEQ-18-0173-C-001122 Re: PermittingChart. From "Arnakis, Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" To: "Fuchs, Patrick (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons, Fern (Commerce)" Date: Tue , 13 Mar 2018 10:44:11 -0400 Can you send me the design file for this. ---- ---? Original message-------From: "Herrgott, Alex H. EOP/CEQ" Date: 3/ 12/18 6:15 PM (GMT-05:00 ) To : "Arnakis , Adrian (Commerce )" , "Fuchs, Patric k (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons, Fern (Commerce)" Su~ject: Permitting Chart. Is there any way you guys can make this a floor chart for Wednesday that that Cabinet officials can reference . MR N PVERSIGHT 1 CEQ050FY18091_000001475 CEQ-18-0173-C-001123 Re: PermittingChart. From "Arnakis, Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" To: "Fuchs, Patrick (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons, Fern (Commerce)" Date: Tue , 13 Mar 2018 10:44:11 -0400 Can you send me the design file for this. ---- ---? Original message-------From: "Herrgott, Alex H. EOP/CEQ" Date: 3/ 12/18 6:15 PM (GMT-05:00 ) To : "Arnakis , Adrian (Commerce )" , "Fuchs, Patric k (Commerce)" , "Neely , Andrew (Commerce)" , "Gibbons, Fern (Commerce)" Su~ject: Permitting Chart. Is there any way you guys can make this a floor chart for Wednesday that that Cabinet officials can reference . MR N PVERSIGHT 1 CEQ050FY18091_000001475 CEQ-18-0173-C-001123 Re: Thankyou From "Herrgott, Alex H. EOP/CEQ" <"/o=exchangeorganization/ou=exchangeadministrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Arnakis, Adrian (Commerce)","Gribbin, DJ J. EOP/WHO " "Hill, Frederick (Commerce)" , "Neely, Andrew (Commerce)" ,"Fuchs, Patrick (Commerce}" , "Gibbons, Fern (Commerce)" Cc: , "Rossi, Nick (Commerce)" , "Lai, Joseph G. EOP/WHO" Date: Wed, 14 Mar 2018 15:12:08 -0400 Thanks Adrian. We are coordinated all requested TA as we speak. Sent from my iPhone > On Mar 14, 2018, at 2:46 PM, Arnakis, Adrian (Commerce) wrote: > > Than.ks for all your help as well. Secretary Day was a great success. > > ---- Original Message ----> From: Herrgott , Alex H. EOP/CEQ [mailt > Sent: Wednesday , March 14, 2018 1:51 PM > To: Arnakis , Adrian (Colllllierce) ; llill , Frederick (Colllillerce ) ; Neely , Andrew (Col11lllerce) ; Fuchs, Patrick (Commerce) ; Gibbons, Fem (Commerce) ; Rossi, Nick (Commerce) ; Lai, Joseph G. EOP/WHO > Subject: Thank you > > Gang, > > Ona personal note, thank you for all your work for Today's Hearing. As always, it is a pleasure to work with you. > > Perhaps we should do some White House bowling next week. > > Alex > > Sent from my iPhoue AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000436 CEQ-18-0173-C-001124 Re: Thankyou From "Herrgott, Alex H. EOP/CEQ" <"/o=exchangeorganization/ou=exchangeadministrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Arnakis, Adrian (Commerce)","Gribbin, DJ J. EOP/WHO " "Hill, Frederick (Commerce)" , "Neely, Andrew (Commerce)" ,"Fuchs, Patrick (Commerce}" , "Gibbons, Fern (Commerce)" Cc: , "Rossi, Nick (Commerce)" , "Lai, Joseph G. EOP/WHO" Date: Wed, 14 Mar 2018 15:12:08 -0400 Thanks Adrian. We are coordinated all requested TA as we speak. Sent from my iPhone > On Mar 14, 2018, at 2:46 PM, Arnakis, Adrian (Commerce) wrote: > > Than.ks for all your help as well. Secretary Day was a great success. > > ---- Original Message ----> From: Herrgott , Alex H. EOP/CEQ [mailt > Sent: Wednesday , March 14, 2018 1:51 PM > To: Arnakis , Adrian (Colllllierce) ; llill , Frederick (Colllillerce ) ; Neely , Andrew (Col11lllerce) ; Fuchs, Patrick (Commerce) ; Gibbons, Fem (Commerce) ; Rossi, Nick (Commerce) ; Lai, Joseph G. EOP/WHO > Subject: Thank you > > Gang, > > Ona personal note, thank you for all your work for Today's Hearing. As always, it is a pleasure to work with you. > > Perhaps we should do some White House bowling next week. > > Alex > > Sent from my iPhoue AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000436 CEQ-18-0173-C-001124 Re: Thankyou From To: "Arnakis, Adrian (Commerce)" , "Gribbin, DJ J. EOP/WHO " "Hill , Frederick (Commerce)" , "Neely , Andrew (Commerce)" , "Fuchs, Patrick (Commerce)" , Cc: "Gibbons, Fern (Commerce)" , "Rossi, Nick (Commerce)" , "Lai, Joseph G. EOP/WHO" Date: Wed , 14 Mar 2018 15:12:08 -0400 Thanks Adrian. We are coordinatedall requested TA as we speak. Sent from my iPhone > On Mar 14, 2018 , at 2:46 PM, Arnakis , Adrian (Comme rce) wro te: > > Than.ksfor all your help as well. SecretaryDay was a grea t success. > > ---- Ori ginal Message ----> From: Herrgott , A lex H. EOP/CEQ [mailto: > Sent: We dne sday , March 14, 2018 1:51 PM > To: Arnakis , Adrian (Colllllierce ) ; llill , Frederick (Colllillerce ) ; Nee ly, Andrew (Col11lllerce) ; Fuchs, Patrick (Commerce) ; Gibbons, Fem (Commerce) ; Rossi, Nick (Commerce) ; Lai, Joseph G. EOP/WHO > Subject: Thank you > > Gang, > > On a personal note, thank you for all your work for Today's Hearing. As always, it is a pleasure to work with you. > > Perhaps we should do some White House bowling next week. > > Alex > > Sent from my iPhoue AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002961 CEQ-18-0173-C-001125 Re: Thankyou From To: "Arnakis, Adrian (Commerce)" , "Gribbin, DJ J. EOP/WHO " "Hill , Frederick (Commerce)" , "Neely , Andrew (Commerce)" , "Fuchs, Patrick (Commerce)" , Cc: "Gibbons, Fern (Commerce)" , "Rossi, Nick (Commerce)" , "Lai, Joseph G. EOP/WHO" Date: Wed , 14 Mar 2018 15:12:08 -0400 Thanks Adrian. We are coordinatedall requested TA as we speak. Sent from my iPhone > On Mar 14, 2018 , at 2:46 PM, Arnakis , Adrian (Comme rce) wro te: > > Than.ksfor all your help as well. SecretaryDay was a grea t success. > > ---- Ori ginal Message ----> From: Herrgott , A lex H. EOP/CEQ [mailto: > Sent: We dne sday , March 14, 2018 1:51 PM > To: Arnakis , Adrian (Colllllierce ) ; llill , Frederick (Colllillerce ) ; Nee ly, Andrew (Col11lllerce) ; Fuchs, Patrick (Commerce) ; Gibbons, Fem (Commerce) ; Rossi, Nick (Commerce) ; Lai, Joseph G. EOP/WHO > Subject: Thank you > > Gang, > > On a personal note, thank you for all your work for Today's Hearing. As always, it is a pleasure to work with you. > > Perhaps we should do some White House bowling next week. > > Alex > > Sent from my iPhoue AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002961 CEQ-18-0173-C-001125 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Hack, Joe (Fischer)" Date: Wed , 28 Mar 2018 16:38:47 -0400 Joe Joe, Can you give me a call? We want you all to out something positive tomorrow prior to the speech . Mucha thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000409 CEQ-18-0173-C-001126 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Hack, Joe (Fischer)" Date: Wed , 28 Mar 2018 16:38:47 -0400 Joe Joe, Can you give me a call? We want you all to out something positive tomorrow prior to the speech . Mucha thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000409 CEQ-18-0173-C-001126 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Sturges, Matt" Date: Wed , 28 Mar 2018 16:02:37 -0400 Can you give me a call? Mucha thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental MR N PVERSIGHT Quality 1 CEQ050FY 18091 _ 000000412 CEQ-18-0173-C-001127 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Sturges, Matt" Date: Wed , 28 Mar 2018 16:02:37 -0400 Can you give me a call? Mucha thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental MR N PVERSIGHT Quality 1 CEQ050FY 18091 _ 000000412 CEQ-18-0173-C-001127 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Repko, Mary Frances (EPW)" Date: Wed , 28 Mar 2018 15:55:32 -0400 Can you give me a call? Mucha thanks Alexander Herrgott Associate Di rector for Infrastructure Coun cil on Environmental MR N PVERSIGHT Quality 1 CEQ050FY 18091 _ 000000415 CEQ-18-0173-C-001128 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Repko, Mary Frances (EPW)" Date: Wed , 28 Mar 2018 15:55:32 -0400 Can you give me a call? Mucha thanks Alexander Herrgott Associate Di rector for Infrastructure Coun cil on Environmental MR N PVERSIGHT Quality 1 CEQ050FY 18091 _ 000000415 CEQ-18-0173-C-001128 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Russell, Richard (EPW)" Date: Wed , 28 Mar 2018 15:52:35 -0400 Can you guy give me a call if you have a minute? Alexander I wanted to make sure you were aware of this. Herrgott Associate Di rector for Infrastructure Council on Environmental MR N PVERSIGHT Quality 1 CEQ050FY 18091 _ 000000419 CEQ-18-0173-C-001129 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Russell, Richard (EPW)" Date: Wed , 28 Mar 2018 15:52:35 -0400 Can you guy give me a call if you have a minute? Alexander I wanted to make sure you were aware of this. Herrgott Associate Di rector for Infrastructure Council on Environmental MR N PVERSIGHT Quality 1 CEQ050FY 18091 _ 000000419 CEQ-18-0173-C-001129 PresidentsSpeechTomorrowin Cincinnati From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : erik_sullivan@sulliva n.senate.gov Date: Wed , 28 Mar 2018 15:39:04 -0400 Can you guy give me a call. Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000421 CEQ-18-0173-C-001130 PresidentsSpeechTomorrowin Cincinnati From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : erik_sullivan@sulliva n.senate.gov Date: Wed , 28 Mar 2018 15:39:04 -0400 Can you guy give me a call. Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000421 CEQ-18-0173-C-001130 RE: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : adam _hechavarria@you ng .sena te .gov , amy_graham@young .senate.gov Date: Wed , 28 Mar 2018 16 :31:20 -0400 Amy, Are you around? Alex From: Herrgott, Alex H. EOP/CEQ Sent: Wed nesday, Marc h 28, 2018 3 :54 PM To; 'adam _ hechavarria@young .senate .gov' Subject : Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Can you give me a call? Mucha thanks Alexander Herrgot t Associate Director for Infrastructure Coun cil on Environmental Quality MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000706 CEQ-18-0173-C-001131 RE: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : adam _hechavarria@you ng .sena te .gov , amy_graham@young .senate.gov Date: Wed , 28 Mar 2018 16 :31:20 -0400 Amy, Are you around? Alex From: Herrgott, Alex H. EOP/CEQ Sent: Wed nesday, Marc h 28, 2018 3 :54 PM To; 'adam _ hechavarria@young .senate .gov' Subject : Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Can you give me a call? Mucha thanks Alexander Herrgot t Associate Director for Infrastructure Coun cil on Environmental Quality MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000706 CEQ-18-0173-C-001131 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: adam_hechavarria@young .sena te .gov Date: Wed , 28 Mar 2018 15:54:07 -0400 Can you give me a call? Mucho thanks Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental MR N PVERSIGHT Quality 1 CEQ050FY18091_000000712 CEQ-18-0173-C-001132 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: adam_hechavarria@young .sena te .gov Date: Wed , 28 Mar 2018 15:54:07 -0400 Can you give me a call? Mucho thanks Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental MR N PVERSIGHT Quality 1 CEQ050FY18091_000000712 CEQ-18-0173-C-001132 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc 18bb681d 14e44c8e9-he"> To: Date: curtis_swager@gardner.senate.gov , alex_siciliano@gardner.senate .gov , casey_ contres@gardner.senate .gov Wed , 28 Mar 2018 16:33:24 -0400 Curtis, Can you give me a call? Mucha thanks Alexander Herrgot t Associate Directo r for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_000000751 CEQ-18-0173-C-001133 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc 18bb681d 14e44c8e9-he"> To: Date: curtis_swager@gardner.senate.gov , alex_siciliano@gardner.senate .gov , casey_ contres@gardner.senate .gov Wed , 28 Mar 2018 16:33:24 -0400 Curtis, Can you give me a call? Mucha thanks Alexander Herrgot t Associate Directo r for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_000000751 CEQ-18-0173-C-001133 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Barnhart, Devon (Commerce)" Date: Wed , 28 Mar 2018 15:55:16 -0400 Can you give me a call? Mucha thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental MR N PVERSIGHT Quality 1 CEQ050FY18091 _ 000000757 CEQ-18-0173-C-001134 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Barnhart, Devon (Commerce)" Date: Wed , 28 Mar 2018 15:55:16 -0400 Can you give me a call? Mucha thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental MR N PVERSIGHT Quality 1 CEQ050FY18091 _ 000000757 CEQ-18-0173-C-001134 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Barnhart, Devon (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed, 28 Mar 2018 20:06:09 -0400 Missed this earlier. Give me a sbout whenever. My desk is_ Sent from my iPhone On Mar 28, 2018, at 3:55 PM, Herrgou , Alex H. EOP/CE wrote: Can you give me a cal l? Mucho thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality - MR N PVERSIGHT 1 CEQ050FY18091_000001424 CEQ-18-0173-C-001135 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Barnhart, Devon (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed, 28 Mar 2018 20:06:09 -0400 Missed this earlier. Give me a sbout whenever. My desk is_ Sent from my iPhone On Mar 28, 2018, at 3:55 PM, Herrgou , Alex H. EOP/CE wrote: Can you give me a cal l? Mucho thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality - MR N PVERSIGHT 1 CEQ050FY18091_000001424 CEQ-18-0173-C-001135 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Graham , Amy (Young)" To: "Herrgott , Alex H. EOP/CEQ" Cc: "Hechavarria , Adam (Young)" Date: Wed, 28 Mar 201817 :13:01 -0400 Just tried to give you a call. My flight is about to take off and will be in the air for a couple hours. How can we help? On Mar 28, 2018, at 4:31 PM, Herrgott, Alex H. EOP/CEQ \Vrote: Amy, Are yo u around? Alex From:Herrgo tt, Alex H. EOP/CEQ Sent: Wednesday , March 28, 2018 3:54 PM To: 'adam hechavarria@young.senate.gov' Subject:Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Can you give me a call? Mucho thanks Alexander Herrgott Associate Director for Infras t ructu re Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_000001425 CEQ-18-0173-C-001136 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Graham , Amy (Young)" To: "Herrgott , Alex H. EOP/CEQ" Cc: "Hechavarria , Adam (Young)" Date: Wed, 28 Mar 201817 :13:01 -0400 Just tried to give you a call. My flight is about to take off and will be in the air for a couple hours. How can we help? On Mar 28, 2018, at 4:31 PM, Herrgott, Alex H. EOP/CEQ \Vrote: Amy, Are yo u around? Alex From:Herrgo tt, Alex H. EOP/CEQ Sent: Wednesday , March 28, 2018 3:54 PM To: 'adam hechavarria@young.senate.gov' Subject:Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Can you give me a call? Mucho thanks Alexander Herrgott Associate Director for Infras t ructu re Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_000001425 CEQ-18-0173-C-001136 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm To: "Hack , Joe (Fische r)" Date: Wed, 28 Mar 2018 16:37:38 -0400 Joe Joe, Can you give me a call? We want you all to out something positive tomorrow prior to the speech. Mucho thanks Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000002985 CEQ-18-0173-C-001137 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm To: "Hack , Joe (Fische r)" Date: Wed, 28 Mar 2018 16:37:38 -0400 Joe Joe, Can you give me a call? We want you all to out something positive tomorrow prior to the speech. Mucho thanks Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000002985 CEQ-18-0173-C-001137 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: Cc: d 14e44c8e9-he"> "Paul, Sarah (Heller)" scarlet_doyle@heller.senate.gov , ''Taylor, Mary Elizabeth E. EOP/WHO" Date: Thu, 29 Mar 2018 11 :31 :33 -0400 Attachments Infrastructure - Ohio Speech Factsheet.pdf (147.84 kB); Infrastructure Rollout Ohio Excerpts.docx (21.58 kB) Yah, its been too long. Here are the attachments I meant to send earlier. Thanks From: Paul, Sarah (Heller) [ma ilto:Sarah_Paul@heller.senate .gov] Sent : Thursday , March 29, 201811:29 AM To: Herrgott, Alex H. EOP/CEQ >; Doyle, Scarlet {Heller) Cc:Taylor, Megan (Heller) Subject: RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Hey Alex . Its great to hear from you. Let me run t he traps on th is and get back t o you . From: Herrgott, Alex H. EOP/CEQ [mailto Sent:Thursday, March 29, 201811:27 AM To: Paul, Sarah (Heller) ; Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done th is year, in addition to the Omni. AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000380 CEQ-18-0173-C-001138 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: Cc: d 14e44c8e9-he"> "Paul, Sarah (Heller)" scarlet_doyle@heller.senate.gov , ''Taylor, Mary Elizabeth E. EOP/WHO" Date: Thu, 29 Mar 2018 11 :31 :33 -0400 Attachments Infrastructure - Ohio Speech Factsheet.pdf (147.84 kB); Infrastructure Rollout Ohio Excerpts.docx (21.58 kB) Yah, its been too long. Here are the attachments I meant to send earlier. Thanks From: Paul, Sarah (Heller) [ma ilto:Sarah_Paul@heller.senate .gov] Sent : Thursday , March 29, 201811:29 AM To: Herrgott, Alex H. EOP/CEQ >; Doyle, Scarlet {Heller) Cc:Taylor, Megan (Heller) Subject: RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Hey Alex . Its great to hear from you. Let me run t he traps on th is and get back t o you . From: Herrgott, Alex H. EOP/CEQ [mailto Sent:Thursday, March 29, 201811:27 AM To: Paul, Sarah (Heller) ; Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done th is year, in addition to the Omni. AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000380 CEQ-18-0173-C-001138 Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WA HOO- IT'S ROAD BUILDINGTIME" but your choice entirely . Thanks Alex AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000000380 CEQ-18-0173-C-001139 Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WA HOO- IT'S ROAD BUILDINGTIME" but your choice entirely . Thanks Alex AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000000380 CEQ-18-0173-C-001139 BUILDING UP AMERICAN INFRASTRUCTURE AND AMERICAN WORKERS "We will buildgleamingnew roads,bridges,highways, railways,and waterways all acrossour land.And we will do it with Americanheart,and American hands, and Americangrit." - PresidentDonaldJ.Trump REBUILDING AMERICAN INFRASTRUCTURE: President Donald J.Trump is in Ohio to discuss his proposal for rebuilding infrastructure in America. o o o o Today, President Trump is speaking with Ohio workers about how his infrastructure propo sal will help reb uild and modernize America's infrastructure and build a stronge r American workforce for the future. The President's proposal includes $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investments across America. o $100 billion w ill be directed to an Incentives Program to generate additional investment from States, localities, and the private sector. o $50 billion will be devoted to rebuilding and modernizing rural infrastructure. o $20 billion will go to promoting bold, transformati ve infrastructure projects. o $20 billion will go to expanding infrastructure financing program s. o $10 billion will go to a capital revolving fund to help redu ce inefficient Federal property leasing that would be more cost-effective to pu rchase. Presiden t Trump 's propo sal will return infrastructure decision-making to States and localities, allowing them to invest in the specific needs of their communities . The proposal will get Washington out of the way of needed infrastructure impro veme nts by eliminating regulatory barriers and streamlining permitting process es. o A" one agency, one decision " structure will be established for environmental reviews and the process w ill be shorten ed to two years. o More flexibility will be given to projects that have minimal Federal funding but currently must seek Federal review and approval. INVESTING IN AMERICAN WORKERS: The President's proposal will help better prepare American workers for the jobs of today and tomorrow. o o o President Trump' s proposal for reb uilding infrastructure in America w ill help give more American workers access to edu cation and workf orce-development prog rams by: o Expanding Pell Grant eligibility to high-qualit y shor t-term programs. o Better distr ibuting Federal Work Study program fund s to ensure more student s gain relevant workpla ce experience. o Reforming the Carl D. Perkins Career and Technical Edu cation (CTE) pro gram so that more funds go to programs which meet local workforce needs. The President is appearing at a trainin g site for International Union of Operat ing Engineers (IUOE) Local 18' s app renticeship and trainin g program. o IUOE Local 18' s trainin g and apprenticeship program is one of the larges t IUOE training programs in the countr y, serving over 15,000 members . o The program offers a range of opp ortuniti es for workers to develop and improve the skills they need to succeed in their fields. o Classes offered by the program provide workers with training in operating industry machinery, including bulldozer s, forklifts, cranes, backhoes, and more. Skills-training and apprenticeship program s like IUOE Local 18's are critical resource s that help prepare work ers for high-demand , well-paying jobs. AMlf IC'AI\ pVERSIGHT CEQ050FY18 091_000000381 CEQ-18-0173-C-001140 BUILDING UP AMERICAN INFRASTRUCTURE AND AMERICAN WORKERS "We will buildgleamingnew roads,bridges,highways, railways,and waterways all acrossour land.And we will do it with Americanheart,and American hands, and Americangrit." - PresidentDonaldJ.Trump REBUILDING AMERICAN INFRASTRUCTURE: President Donald J.Trump is in Ohio to discuss his proposal for rebuilding infrastructure in America. o o o o Today, President Trump is speaking with Ohio workers about how his infrastructure propo sal will help reb uild and modernize America's infrastructure and build a stronge r American workforce for the future. The President's proposal includes $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investments across America. o $100 billion w ill be directed to an Incentives Program to generate additional investment from States, localities, and the private sector. o $50 billion will be devoted to rebuilding and modernizing rural infrastructure. o $20 billion will go to promoting bold, transformati ve infrastructure projects. o $20 billion will go to expanding infrastructure financing program s. o $10 billion will go to a capital revolving fund to help redu ce inefficient Federal property leasing that would be more cost-effective to pu rchase. Presiden t Trump 's propo sal will return infrastructure decision-making to States and localities, allowing them to invest in the specific needs of their communities . The proposal will get Washington out of the way of needed infrastructure impro veme nts by eliminating regulatory barriers and streamlining permitting process es. o A" one agency, one decision " structure will be established for environmental reviews and the process w ill be shorten ed to two years. o More flexibility will be given to projects that have minimal Federal funding but currently must seek Federal review and approval. INVESTING IN AMERICAN WORKERS: The President's proposal will help better prepare American workers for the jobs of today and tomorrow. o o o President Trump' s proposal for reb uilding infrastructure in America w ill help give more American workers access to edu cation and workf orce-development prog rams by: o Expanding Pell Grant eligibility to high-qualit y shor t-term programs. o Better distr ibuting Federal Work Study program fund s to ensure more student s gain relevant workpla ce experience. o Reforming the Carl D. Perkins Career and Technical Edu cation (CTE) pro gram so that more funds go to programs which meet local workforce needs. The President is appearing at a trainin g site for International Union of Operat ing Engineers (IUOE) Local 18' s app renticeship and trainin g program. o IUOE Local 18' s trainin g and apprenticeship program is one of the larges t IUOE training programs in the countr y, serving over 15,000 members . o The program offers a range of opp ortuniti es for workers to develop and improve the skills they need to succeed in their fields. o Classes offered by the program provide workers with training in operating industry machinery, including bulldozer s, forklifts, cranes, backhoes, and more. Skills-training and apprenticeship program s like IUOE Local 18's are critical resource s that help prepare work ers for high-demand , well-paying jobs. AMlf IC'AI\ pVERSIGHT CEQ050FY18 091_000000381 CEQ-18-0173-C-001140 o o More than 90 percent of aJI apprenticeship program participants gain employment after comple ting their programs according to data from the Depa rtment of Labor. Too many American workers have been unable to fill well-paying jobs due to insufficient access to skills-training programs. o There are currently 250,000 job openings in the construction industry and 305,000 in transportation, warehousing, and utilities. o According to a 2014 study by Georgetown University , just under two-thirds of all jobs will require some form of training or education beyond high school by 2020. CONTINUING TO REBUILD THE AMERICAN ECONOMY: President Trump's infrastructure proposal will build upon the success his Administration has already had in strengthening the American economy. o o President Trump's proposal to leverage $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investment s will help further strengthen the American economy. o The Council of Economic Advisers (CEA) estimates that a 10-year $1.5 trillion infrastructure investment program could boost annual average gross domesti c product (GDP) growth by between 0.1 and 0.2 percentage points. o CEA estimates that a $1.5 trillion in infrastructure investmen ts would employ between 290,000 and 414,000 additional infrastructure workers on average over ten years. The economic benefits of President Trump's infrastructure proposal will build upon the gains the economy has already seen under this Administration. o This week, United States GDP growth for the fourth quarter of 2017 was revised up from 2.5 percent to 2.9 percent, beating expectations. o Nearly 2.5 million jobs have been created since President Trump took office, including 245,000 manufacturing jobs and 300,000 construction jobs. o The unemplo ymen t rate has remained at a 17-year low since October of last year. AM f ( Af\ pVERSIGHT 2 CEQ050FY18091 _000000381 CEQ-18-0173-C-001141 o o More than 90 percent of aJI apprenticeship program participants gain employment after comple ting their programs according to data from the Depa rtment of Labor. Too many American workers have been unable to fill well-paying jobs due to insufficient access to skills-training programs. o There are currently 250,000 job openings in the construction industry and 305,000 in transportation, warehousing, and utilities. o According to a 2014 study by Georgetown University , just under two-thirds of all jobs will require some form of training or education beyond high school by 2020. CONTINUING TO REBUILD THE AMERICAN ECONOMY: President Trump's infrastructure proposal will build upon the success his Administration has already had in strengthening the American economy. o o President Trump's proposal to leverage $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investment s will help further strengthen the American economy. o The Council of Economic Advisers (CEA) estimates that a 10-year $1.5 trillion infrastructure investment program could boost annual average gross domesti c product (GDP) growth by between 0.1 and 0.2 percentage points. o CEA estimates that a $1.5 trillion in infrastructure investmen ts would employ between 290,000 and 414,000 additional infrastructure workers on average over ten years. The economic benefits of President Trump's infrastructure proposal will build upon the gains the economy has already seen under this Administration. o This week, United States GDP growth for the fourth quarter of 2017 was revised up from 2.5 percent to 2.9 percent, beating expectations. o Nearly 2.5 million jobs have been created since President Trump took office, including 245,000 manufacturing jobs and 300,000 construction jobs. o The unemplo ymen t rate has remained at a 17-year low since October of last year. AM f ( Af\ pVERSIGHT 2 CEQ050FY18091 _000000381 CEQ-18-0173-C-001141 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect , defend and grow American jobs . We have eliminated a record number of job -killing regulations. We made HISTORYby massively reducing job -killing taxes. We are keeping our promises , and the results are in : 3 million new job s since Election Day. Unemployment claims are at their lowest level in 45 years. African -American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowest levels ever recorded . And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless fru stration into a source of incredible pride. There is no better place to begin thi s campaign than right here in Ohio, at thi s state -of-the -art training site, where the awesome skills of the American worker are forged and refined . Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMlf IC'AI\ pVERSIGHT CEQ050 FY18091_000000382 CEQ-18-0173-C-001142 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect , defend and grow American jobs . We have eliminated a record number of job -killing regulations. We made HISTORYby massively reducing job -killing taxes. We are keeping our promises , and the results are in : 3 million new job s since Election Day. Unemployment claims are at their lowest level in 45 years. African -American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowest levels ever recorded . And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless fru stration into a source of incredible pride. There is no better place to begin thi s campaign than right here in Ohio, at thi s state -of-the -art training site, where the awesome skills of the American worker are forged and refined . Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMlf IC'AI\ pVERSIGHT CEQ050 FY18091_000000382 CEQ-18-0173-C-001142 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AM ERiCAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measures. What matters, is that we get the job done. FIRST:We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federal dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] AMlf IC'AI\ pVERSIGHT 2 CEQ050FY18091 _000000382 CEQ-18-0173-C-001143 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AM ERiCAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measures. What matters, is that we get the job done. FIRST:We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federal dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] AMlf IC'AI\ pVERSIGHT 2 CEQ050FY18091 _000000382 CEQ-18-0173-C-001143 cutting through mountains of red tape . We've secured more funding for highways, airports , railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans ' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that will make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AM f ( Af\ pVERSIGHT 3 CEQ050FY18091 _000000382 CEQ-18-0173-C-001144 cutting through mountains of red tape . We've secured more funding for highways, airports , railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans ' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that will make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AM f ( Af\ pVERSIGHT 3 CEQ050FY18091 _000000382 CEQ-18-0173-C-001144 From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrat ive group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: sarah_paul@heller.senate.gov , scarlet_doyle@heller.senate .gov Cc: megan_taylor@heller.senate.gov Date: Thu , 29 Mar 2018 11:27: 15 -0400 Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS' speech that are cleared for release . POTUS is likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun" . If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex AMER C Af\ pVERSIGHT CEQ050FY18091 _000000386 CEQ-18-0173-C-001145 From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrat ive group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: sarah_paul@heller.senate.gov , scarlet_doyle@heller.senate .gov Cc: megan_taylor@heller.senate.gov Date: Thu , 29 Mar 2018 11:27: 15 -0400 Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS' speech that are cleared for release . POTUS is likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun" . If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex AMER C Af\ pVERSIGHT CEQ050FY18091 _000000386 CEQ-18-0173-C-001145 Today:POTUS SpeechExcerptsfor 2pm Speechin OH. "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Henke , Tracy (Blunt)" Cc: katie_boyd@blunt.senate.gov Date: Thu, 29 Mar 201811:10:52 -0400 Attachments Infrastructure Rollout Ohio Excerpts.docx (21.58 kB) Tracy, Would Senator Blunt be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President 's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDINGTIME" but your choice entirely . Thanks Alex AMER C Af\ pVERSIGHT CEQ050FY18091 _000000388 CEQ-18-0173-C-001146 Today:POTUS SpeechExcerptsfor 2pm Speechin OH. "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Henke , Tracy (Blunt)" Cc: katie_boyd@blunt.senate.gov Date: Thu, 29 Mar 201811:10:52 -0400 Attachments Infrastructure Rollout Ohio Excerpts.docx (21.58 kB) Tracy, Would Senator Blunt be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President 's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDINGTIME" but your choice entirely . Thanks Alex AMER C Af\ pVERSIGHT CEQ050FY18091 _000000388 CEQ-18-0173-C-001146 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect , defend and grow American jobs . We have eliminated a record number of job -killing regulations. We made HISTORYby massively reducing job -killing taxes. We are keeping our promises , and the results are in : 3 million new job s since Election Day. Unemployment claims are at their lowest level in 45 years. African -American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowest levels ever recorded . And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless fru stration into a source of incredible pride. There is no better place to begin thi s campaign than right here in Ohio, at thi s state -of-the -art training site, where the awesome skills of the American worker are forged and refined . Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMlf IC'AI\ pVERSIGHT CEQ050 FY18091_000000389 CEQ-18-0173-C-001148 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect , defend and grow American jobs . We have eliminated a record number of job -killing regulations. We made HISTORYby massively reducing job -killing taxes. We are keeping our promises , and the results are in : 3 million new job s since Election Day. Unemployment claims are at their lowest level in 45 years. African -American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowest levels ever recorded . And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless fru stration into a source of incredible pride. There is no better place to begin thi s campaign than right here in Ohio, at thi s state -of-the -art training site, where the awesome skills of the American worker are forged and refined . Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMlf IC'AI\ pVERSIGHT CEQ050 FY18091_000000389 CEQ-18-0173-C-001148 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AM ERiCAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measures. What matters, is that we get the job done. FIRST:We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federal dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] AMlf IC'AI\ pVERSIGHT 2 CEQ050FY18091 _000000389 CEQ-18-0173-C-001149 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AM ERiCAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measures. What matters, is that we get the job done. FIRST:We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federal dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] AMlf IC'AI\ pVERSIGHT 2 CEQ050FY18091 _000000389 CEQ-18-0173-C-001149 cutting through mountains of red tape . We've secured more funding for highways, airports , railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans ' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that will make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AM f ( Af\ pVERSIGHT 3 CEQ050FY18091 _000000389 CEQ-18-0173-C-001150 cutting through mountains of red tape . We've secured more funding for highways, airports , railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans ' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that will make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AM f ( Af\ pVERSIGHT 3 CEQ050FY18091 _000000389 CEQ-18-0173-C-001150 POTUS Speech Excerpts "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: curtis_swager@gardner.senate .gov Date: Thu, 29 Mar 2018 10:43:40 -0400 Attachments d 14e44c8e9-he"> Infrastructure Rollout Ohio Excerpts.DOCX (21.58 kB) My Man Curtis, Make me proud with glowing optimism of something getting done this year. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex AMER C Af\ pVERSIGHT CEQ050FY18091 _000000394 CEQ-18-0173-C-001151 POTUS Speech Excerpts "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: curtis_swager@gardner.senate .gov Date: Thu, 29 Mar 2018 10:43:40 -0400 Attachments d 14e44c8e9-he"> Infrastructure Rollout Ohio Excerpts.DOCX (21.58 kB) My Man Curtis, Make me proud with glowing optimism of something getting done this year. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex AMER C Af\ pVERSIGHT CEQ050FY18091 _000000394 CEQ-18-0173-C-001151 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect , defend and grow American jobs . We have eliminated a record number of job -killing regulations. We made HISTORYby massively reducing job -killing taxes. We are keeping our promises , and the results are in : 3 million new job s since Election Day. Unemployment claims are at their lowest level in 45 years. African -American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowest levels ever recorded . And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless fru stration into a source of incredible pride. There is no better place to begin thi s campaign than right here in Ohio, at thi s state -of-the -art training site, where the awesome skills of the American worker are forged and refined . Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMlf IC'AI\ pVERSIGHT CEQ050 FY18091_000000395 CEQ-18-0173-C-001153 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect , defend and grow American jobs . We have eliminated a record number of job -killing regulations. We made HISTORYby massively reducing job -killing taxes. We are keeping our promises , and the results are in : 3 million new job s since Election Day. Unemployment claims are at their lowest level in 45 years. African -American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowest levels ever recorded . And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless fru stration into a source of incredible pride. There is no better place to begin thi s campaign than right here in Ohio, at thi s state -of-the -art training site, where the awesome skills of the American worker are forged and refined . Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMlf IC'AI\ pVERSIGHT CEQ050 FY18091_000000395 CEQ-18-0173-C-001153 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AM ERiCAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measures. What matters, is that we get the job done. FIRST:We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federal dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] AMlf IC'AI\ pVERSIGHT 2 CEQ050 FY18091_000 000395 CEQ-18-0173-C-001154 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AM ERiCAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measures. What matters, is that we get the job done. FIRST:We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federal dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] AMlf IC'AI\ pVERSIGHT 2 CEQ050 FY18091_000 000395 CEQ-18-0173-C-001154 cutting through mountains of red tape . We've secured more funding for highways, airports , railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans ' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that will make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AM f ( Af\ pVERSIGHT 3 CEQ050FY18091 _000000395 CEQ-18-0173-C-001155 cutting through mountains of red tape . We've secured more funding for highways, airports , railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans ' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that will make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AM f ( Af\ pVERSIGHT 3 CEQ050FY18091 _000000395 CEQ-18-0173-C-001155 POTUS Speech Excerpts "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: Date: Attachments andrew_forbes@inhofe .senate.gov, "Wright, Jennie (lnhofe)" , leacy _burke@i nhofe .senate.gov Thu, 29 Mar 2018 10:40:33 -0400 Infrastructure Rollout Ohio Excerpts.DOCX (21.58 kB) Make me proud!! I! Have boss out there with glowing optimism of something getting done this year. Also could mention, that previous Admin never showed this much leadership on Infrastructure and that EPW Committee along with McConnell had to do all by themselves . Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with t he President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDINGTIME" but your choice entirely. Thanks Alex AMER C Af\ pVERSIGHT CE Q050FY 18091 _ 000000402 CEQ-18-0173-C-001156 POTUS Speech Excerpts "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: Date: Attachments andrew_forbes@inhofe .senate.gov, "Wright, Jennie (lnhofe)" , leacy _burke@i nhofe .senate.gov Thu, 29 Mar 2018 10:40:33 -0400 Infrastructure Rollout Ohio Excerpts.DOCX (21.58 kB) Make me proud!! I! Have boss out there with glowing optimism of something getting done this year. Also could mention, that previous Admin never showed this much leadership on Infrastructure and that EPW Committee along with McConnell had to do all by themselves . Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with t he President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDINGTIME" but your choice entirely. Thanks Alex AMER C Af\ pVERSIGHT CE Q050FY 18091 _ 000000402 CEQ-18-0173-C-001156 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect , defend and grow American jobs . We have eliminated a record number of job -killing regulations. We made HISTORYby massively reducing job -killing taxes. We are keeping our promises , and the results are in : 3 million new job s since Election Day. Unemployment claims are at their lowest level in 45 years. African -American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowest levels ever recorded . And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless fru stration into a source of incredible pride. There is no better place to begin thi s campaign than right here in Ohio, at thi s state -of-the -art training site, where the awesome skills of the American worker are forged and refined . Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMlf IC'AI\ pVERSIGHT CEQ050 FY18091_000000 403 CEQ-18-0173-C-001158 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect , defend and grow American jobs . We have eliminated a record number of job -killing regulations. We made HISTORYby massively reducing job -killing taxes. We are keeping our promises , and the results are in : 3 million new job s since Election Day. Unemployment claims are at their lowest level in 45 years. African -American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowest levels ever recorded . And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless fru stration into a source of incredible pride. There is no better place to begin thi s campaign than right here in Ohio, at thi s state -of-the -art training site, where the awesome skills of the American worker are forged and refined . Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMlf IC'AI\ pVERSIGHT CEQ050 FY18091_000000 403 CEQ-18-0173-C-001158 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AM ERiCAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measures. What matters, is that we get the job done. FIRST:We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federal dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] AMlf IC'AI\ pVERSIGHT 2 CEQ050 FY18091_000000 403 CEQ-18-0173-C-001159 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AM ERiCAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measures. What matters, is that we get the job done. FIRST:We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federal dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] AMlf IC'AI\ pVERSIGHT 2 CEQ050 FY18091_000000 403 CEQ-18-0173-C-001159 cutting through mountains of red tape . We've secured more funding for highways, airports , railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans ' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that will make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AM f ( Af\ pVERSIGHT 3 CEQ050FY18091 _000000403 CEQ-18-0173-C-001160 cutting through mountains of red tape . We've secured more funding for highways, airports , railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans ' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that will make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AM f ( Af\ pVERSIGHT 3 CEQ050FY18091 _000000403 CEQ-18-0173-C-001160 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydiboh f23spdlt)/cn=recipien ts/cn=45656107f8dc4dc18bb68 1d14e44c8e9-he"> To : "Sturge s, Matt" Date: Thu, 29 Mar 2018 08:48:00 -0400 Nah. Just wanted to talk about Possible T&I twee t/statement post POTUS speecb at 2pm in Ohio today. This is our roll out that supposed to be 3 weeks ago. Something positive about wanting to work with wH on infra proposal tbis year generally, even it thatjust ends up being FAA and WRDA we don't need to say it. Whole world wants to punt a11yfundit1g to 2019 however commerce marking11p in May most Likely a much "smaller" version. There are going to be some changes at NEC very soon and 1 wa11tto make sure after his speech l call change the way WH treats Shuster. Sent from my iPhone On Mar 29 , 2018 , at 8:24 AM, Sturges , Matt wrote: Hey man. I'm out of town this week trave ling w ith family so not ch cling emai l that often. Still want to catch up? I'm happy to call whenever this morning. On Mar 28 , 20 18, at 4:02 PM, Herrgott, Alex H. EOP /CEQ > wrote: Can you give me a call? Mucho th an ks Alexander Herrgott Associate Director for Infra structure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000406 CEQ-18-0173-C-001161 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydiboh f23spdlt)/cn=recipien ts/cn=45656107f8dc4dc18bb68 1d14e44c8e9-he"> To : "Sturge s, Matt" Date: Thu, 29 Mar 2018 08:48:00 -0400 Nah. Just wanted to talk about Possible T&I twee t/statement post POTUS speecb at 2pm in Ohio today. This is our roll out that supposed to be 3 weeks ago. Something positive about wanting to work with wH on infra proposal tbis year generally, even it thatjust ends up being FAA and WRDA we don't need to say it. Whole world wants to punt a11yfundit1g to 2019 however commerce marking11p in May most Likely a much "smaller" version. There are going to be some changes at NEC very soon and 1 wa11tto make sure after his speech l call change the way WH treats Shuster. Sent from my iPhone On Mar 29 , 2018 , at 8:24 AM, Sturges , Matt wrote: Hey man. I'm out of town this week trave ling w ith family so not ch cling emai l that often. Still want to catch up? I'm happy to call whenever this morning. On Mar 28 , 20 18, at 4:02 PM, Herrgott, Alex H. EOP /CEQ > wrote: Can you give me a call? Mucho th an ks Alexander Herrgott Associate Director for Infra structure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY 18091 _ 000000406 CEQ-18-0173-C-001161 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Paul , Sarah (Heller)" Cc: "Doyle , Scarlet (He ller)" Date: Th u, 29 Mar 2018 11:51 :30 -0400 Awe som e- m ucho thanks . From: Paul, Sarah (Heller) [mailto :Sarah_ Paul@heller .senate.gov] Sent : Thursday, March 29, 201811 :39 AM To: Herrgott, Alex H. EOP/CEQ > Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/WHO Subject: RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH . Thank you ! We are wor king on drafting a tweet right now . From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Thursday , March 29, 2018 11:32 AM To: Paul, Sarah (Heller) Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/WHO Subject: RE: Today: POTUS Speech Excerpts for 2pm Speech in OH. Yah, its been too long . Here are the attachments I mea nt to send earlie r. Thanks From : Paul, Sarah (Heller) [mailto :Sarah Paul@helle r.senate .gov ] Sent : Thursday, March 29, 201811:29 AM To: Herrgott, Alex H. EOP/CEQ Cc:Taylor, Megan (Heller) Subject: RE: Today: POTUS Speech Excerpts for 2pm Speech in OH. Doyle, Scarlet (Heller) Hey Alex . Its great to hea r from you. Let me run t he traps on th is and get back t o you . AMR AN PVERSIGHT 1 CEQ050FY18091_000000711 CEQ-18-0173-C-001162 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Paul , Sarah (Heller)" Cc: "Doyle , Scarlet (He ller)" Date: Th u, 29 Mar 2018 11:51 :30 -0400 Awe som e- m ucho thanks . From: Paul, Sarah (Heller) [mailto :Sarah_ Paul@heller .senate.gov] Sent : Thursday, March 29, 201811 :39 AM To: Herrgott, Alex H. EOP/CEQ > Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/WHO Subject: RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH . Thank you ! We are wor king on drafting a tweet right now . From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Thursday , March 29, 2018 11:32 AM To: Paul, Sarah (Heller) Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/WHO Subject: RE: Today: POTUS Speech Excerpts for 2pm Speech in OH. Yah, its been too long . Here are the attachments I mea nt to send earlie r. Thanks From : Paul, Sarah (Heller) [mailto :Sarah Paul@helle r.senate .gov ] Sent : Thursday, March 29, 201811:29 AM To: Herrgott, Alex H. EOP/CEQ Cc:Taylor, Megan (Heller) Subject: RE: Today: POTUS Speech Excerpts for 2pm Speech in OH. Doyle, Scarlet (Heller) Hey Alex . Its great to hea r from you. Let me run t he traps on th is and get back t o you . AMR AN PVERSIGHT 1 CEQ050FY18091_000000711 CEQ-18-0173-C-001162 From: Herrgott, Alex H. EOP/CE Sent : Thursday, March 29, 2018 11:27 AM To : Paul, Sarah (Heller) ;Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject:Today : POTUS Speech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS' speech t hat are cleared for release . POTUS is like ly to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, wo rking in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get t he policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct ". I would also recommend a "#WAHOO - IT'S ROAD BUILDING TIME" but your choice enti rely. Thanks Alex MR N PVERSIGHT 2 CEQ050FY18091_000000711 CEQ-18-0173-C-001163 From: Herrgott, Alex H. EOP/CE Sent : Thursday, March 29, 2018 11:27 AM To : Paul, Sarah (Heller) ;Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject:Today : POTUS Speech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS' speech t hat are cleared for release . POTUS is like ly to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, wo rking in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get t he policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct ". I would also recommend a "#WAHOO - IT'S ROAD BUILDING TIME" but your choice enti rely. Thanks Alex MR N PVERSIGHT 2 CEQ050FY18091_000000711 CEQ-18-0173-C-001163 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. To: "Paul , Sarah (Heller)" Cc: "Doyle, Scarlet (Heller)" Date: Thu, 29 Mar 2018 11:50:12 -0400 Awesome From : Paul, Sarah {Heller) [mail t o:Sarah_Paul@heller.senate.gov] Sent : Thursday, March 29, 201811 :39 AM To: Herrgott, Alex H. EOP/CEQ > Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/WHO Subject : RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Thank you ! We are working on draft ing a tweet right now. From : Herrgo tt , Alex H. EOP/CEQ [mail t o Sent: Thursday, March 29, 2018 11:32 AM To: Paul, Sarah (Helle r) Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/W HO Subject: RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Yah, its been too long. Here are the attachments I meant t o send earlie r. Than ks From: Paul, Sarah {Heller) [mailto :Sarah Paul@heller .senate .gov] Se nt : Thu rsday, March 29, 2018 11:29 AM To: Herrgott, Alex H. EOP/CEQ Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject : RE: Today : POTUSSpeech Excerpts for 2pm Speech in OH. Hey Alex . Its great to hear from you. Let me run t he traps on th is and get back to you . From : Herrgo tt , Alex H. EOP/CEQ Sent : Th ursday, March 29, 201811:27 AM To: Paul, Sarah (Helle r) ; Doyle, Scarlet (Heller) AMR AN PVERSIGHT 1 CEQ050FY18091_000001253 CEQ-18-0173-C-001164 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. To: "Paul , Sarah (Heller)" Cc: "Doyle, Scarlet (Heller)" Date: Thu, 29 Mar 2018 11:50:12 -0400 Awesome From : Paul, Sarah {Heller) [mail t o:Sarah_Paul@heller.senate.gov] Sent : Thursday, March 29, 201811 :39 AM To: Herrgott, Alex H. EOP/CEQ > Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/WHO Subject : RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Thank you ! We are working on draft ing a tweet right now. From : Herrgo tt , Alex H. EOP/CEQ [mail t o Sent: Thursday, March 29, 2018 11:32 AM To: Paul, Sarah (Helle r) Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/W HO Subject: RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Yah, its been too long. Here are the attachments I meant t o send earlie r. Than ks From: Paul, Sarah {Heller) [mailto :Sarah Paul@heller .senate .gov] Se nt : Thu rsday, March 29, 2018 11:29 AM To: Herrgott, Alex H. EOP/CEQ Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject : RE: Today : POTUSSpeech Excerpts for 2pm Speech in OH. Hey Alex . Its great to hear from you. Let me run t he traps on th is and get back to you . From : Herrgo tt , Alex H. EOP/CEQ Sent : Th ursday, March 29, 201811:27 AM To: Paul, Sarah (Helle r) ; Doyle, Scarlet (Heller) AMR AN PVERSIGHT 1 CEQ050FY18091_000001253 CEQ-18-0173-C-001164 Cc: Taylor, Megan (Heller) Subject: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO -I T'S ROAD BUILDINGTIME" but your choice entirely . Thanks Alex AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000001253 CEQ-18-0173-C-001165 Cc: Taylor, Megan (Heller) Subject: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO -I T'S ROAD BUILDINGTIME" but your choice entirely . Thanks Alex AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000001253 CEQ-18-0173-C-001165 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. From To: Cc: Date: "Paul, Sarah (Heller)" "Herrgott , Alex H. EOP/CEQ" "Doyle , Scarlet (Heller)" , "Taylor , Mary Elizabeth E. EOP/WHO" Thu , 29 Mar 2018 11 :38:56 -0400 Thank you ! We are working on drafting a tweet right now. From : Herrgott, Alex H. EOP/CEQ [mailt Se nt : Thursday, March 29, 201811:32 AM To: Paul, Sarah {Heller) Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/WHO Subject : RE:Today: POTUSSpeech Excerpts for 2pm Speech in OH. Yah, its been too long. Here are the attachments I meant t o send earlie r. Thanks From : Paul, Sarah (Heller) fmai lto:Sarah Paul@heller.senate.gov 1 Se nt : Thursday , March 29, 2018 11:29 AM To: Herrgott, Alex H. EOP/CEQ Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject : RE:Today: POTUSSpeech Excerpts for 2pm Speech in OH. Hey Alex. Its great to hear from you. Let me run t he traps on th is and get back t o you. From: Herrgott, Alex H. EOP/CEQ[mailt Sent : Thursday, March 29, 201811 :27 AM To: Paul, Sarah (Heller) ; Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject : Today: POTUSSpeech Excerpts for 2pm Speech in OH. Team Heller, AMR AN PVERSIGHT 1 CEQ050FY18091_000001416 CEQ-18-0173-C-001166 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. From To: Cc: Date: "Paul, Sarah (Heller)" "Herrgott , Alex H. EOP/CEQ" "Doyle , Scarlet (Heller)" , "Taylor , Mary Elizabeth E. EOP/WHO" Thu , 29 Mar 2018 11 :38:56 -0400 Thank you ! We are working on drafting a tweet right now. From : Herrgott, Alex H. EOP/CEQ [mailt Se nt : Thursday, March 29, 201811:32 AM To: Paul, Sarah {Heller) Cc: Doyle, Scarlet (Heller) ; Taylor, Mary Elizabeth E. EOP/WHO Subject : RE:Today: POTUSSpeech Excerpts for 2pm Speech in OH. Yah, its been too long. Here are the attachments I meant t o send earlie r. Thanks From : Paul, Sarah (Heller) fmai lto:Sarah Paul@heller.senate.gov 1 Se nt : Thursday , March 29, 2018 11:29 AM To: Herrgott, Alex H. EOP/CEQ Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject : RE:Today: POTUSSpeech Excerpts for 2pm Speech in OH. Hey Alex. Its great to hear from you. Let me run t he traps on th is and get back t o you. From: Herrgott, Alex H. EOP/CEQ[mailt Sent : Thursday, March 29, 201811 :27 AM To: Paul, Sarah (Heller) ; Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject : Today: POTUSSpeech Excerpts for 2pm Speech in OH. Team Heller, AMR AN PVERSIGHT 1 CEQ050FY18091_000001416 CEQ-18-0173-C-001166 Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO -I T'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000001416 CEQ-18-0173-C-001167 Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO -I T'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000001416 CEQ-18-0173-C-001167 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. From To: "Paul, Sarah (Heller)" "Herrgott , Alex H. EOP/CEQ" , "Doyle , Scarlet (Heller)" Cc: "Taylor , Megan (Heller)" Date: Thu , 29 Mar 2018 11 :28:38 -0400 Hey Alex. Its great to hear from you. Let me run the traps on th is and get back to you. From : Herrgott, Alex H. EOP/CEQ [mailto: Se nt : Thursday, March 29, 201811:27 AM To: Paul, Sarah {Heller) ; Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject : Today: POTUS Speech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS' speech t hat are cleared for release . POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, wo rking in lock step wi t h Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun" . If the question of pay for arises-"the key is to get t he policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct " . I would also recommend a "#WAHOO-I T'S ROAD BUILDING TIM E" but your choice entirely. Than ks Alex AMR AN PVERSIGHT 1 CEQ050FY18091_000001417 CEQ-18-0173-C-001168 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. From To: "Paul, Sarah (Heller)" "Herrgott , Alex H. EOP/CEQ" , "Doyle , Scarlet (Heller)" Cc: "Taylor , Megan (Heller)" Date: Thu , 29 Mar 2018 11 :28:38 -0400 Hey Alex. Its great to hear from you. Let me run the traps on th is and get back to you. From : Herrgott, Alex H. EOP/CEQ [mailto: Se nt : Thursday, March 29, 201811:27 AM To: Paul, Sarah {Heller) ; Doyle, Scarlet (Heller) Cc: Taylor, Megan (Heller) Subject : Today: POTUS Speech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS' speech t hat are cleared for release . POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, wo rking in lock step wi t h Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun" . If the question of pay for arises-"the key is to get t he policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct " . I would also recommend a "#WAHOO-I T'S ROAD BUILDING TIM E" but your choice entirely. Than ks Alex AMR AN PVERSIGHT 1 CEQ050FY18091_000001417 CEQ-18-0173-C-001168 AMERICA\J PVERSIGHT 2 CEQ050FY18091_000001417 CEQ-18-0173-C-001169 AMERICA\J PVERSIGHT 2 CEQ050FY18091_000001417 CEQ-18-0173-C-001169 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Sturges, Matt" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 29 Mar 2018 08:24:08 -0400 Hey man. I'm out of town this week travelingwith family so not ch cling email tb.atoften. Still want to catch up? I'm happy to call wheneverthis morning. On Mar 28, 2018, at 4:02 PM, Herrgon, Alex H. EOP/CEQ > wrote: Can you give me a cal l? Mucho thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality - MR N PVERSIGHT 1 CEQ050FY18091_000001422 CEQ-18-0173-C-001170 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Sturges, Matt" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 29 Mar 2018 08:24:08 -0400 Hey man. I'm out of town this week travelingwith family so not ch cling email tb.atoften. Still want to catch up? I'm happy to call wheneverthis morning. On Mar 28, 2018, at 4:02 PM, Herrgon, Alex H. EOP/CEQ > wrote: Can you give me a cal l? Mucho thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality - MR N PVERSIGHT 1 CEQ050FY18091_000001422 CEQ-18-0173-C-001170 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. To: "Paul , Sarah (Heller)" Date: Thu , 29 Mar 2018 11:29:42 -0400 Attachments: Infrastructure - Ohio speech Factsheet.pdf (147.84 kB) From : Paul, Sarah {Heller) [mailto:Sarah_Paul@heller.senate.gov] Sent : Thursday , March 29, 201811:29 AM To: Herrgott, Alex H. EOP/CEQ Doyle, Scarlet {Heller) Cc:Taylor, Megan (Heller) Subject : RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Hey Alex. Its great to hear from you. Let me run the traps on th is and get back to you. From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Thursday, March 29, 2018 11:27 AM To: Paul, Sarah (Heller) ; Doyle, Scarlet (Heller) Cc:Taylor, Megan (Heller) Subject: Today : POTUSSpeech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, wo rking in lock step with Congress, furt her biparti san infrast r ucture legislation is going to happen this year AND that work has already If the question of pay for arises- "the key is to get t he policy right and then find the begun". resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct" . I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex AMR AN PVERSIGHT 1 CEQ050FY18091_000002116 CEQ-18-0173-C-001171 RE: Today:POTUS Speech Excerptsfor 2pm Speechin OH. To: "Paul , Sarah (Heller)" Date: Thu , 29 Mar 2018 11:29:42 -0400 Attachments: Infrastructure - Ohio speech Factsheet.pdf (147.84 kB) From : Paul, Sarah {Heller) [mailto:Sarah_Paul@heller.senate.gov] Sent : Thursday , March 29, 201811:29 AM To: Herrgott, Alex H. EOP/CEQ Doyle, Scarlet {Heller) Cc:Taylor, Megan (Heller) Subject : RE: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Hey Alex. Its great to hear from you. Let me run the traps on th is and get back to you. From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Thursday, March 29, 2018 11:27 AM To: Paul, Sarah (Heller) ; Doyle, Scarlet (Heller) Cc:Taylor, Megan (Heller) Subject: Today : POTUSSpeech Excerpts for 2pm Speech in OH. Team Heller, Would your boss be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, wo rking in lock step with Congress, furt her biparti san infrast r ucture legislation is going to happen this year AND that work has already If the question of pay for arises- "the key is to get t he policy right and then find the begun". resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct" . I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex AMR AN PVERSIGHT 1 CEQ050FY18091_000002116 CEQ-18-0173-C-001171 AMERICA\J PVERSIGHT 2 CEQ050FY18091_000002116 CEQ-18-0173-C-001172 AMERICA\J PVERSIGHT 2 CEQ050FY18091_000002116 CEQ-18-0173-C-001172 BUILDING UP AMERICAN INFRASTRUCTURE AND AMERICAN WORKERS "We will buildgleamingnew roads,bridges,highways, railways,and waterways all acrossour land.And we will do it with Americanheart,and American hands, and Americangrit." - PresidentDonaldJ.Trump REBUILDING AMERICAN INFRASTRUCTURE: President Donald J.Trump is in Ohio to discuss his proposal for rebuilding infrastructure in America. o o o o Today, President Trump is speaking with Ohio workers about how his infrastructure propo sal will help reb uild and modernize America's infrastructure and build a stronge r American workforce for the future. The President's proposal includes $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investments across America. o $100 billion w ill be directed to an Incentives Program to generate additional investment from States, localities, and the private sector. o $50 billion will be devoted to rebuilding and modernizing rural infrastructure. o $20 billion will go to promoting bold, transformati ve infrastructure projects. o $20 billion will go to expanding infrastructure financing program s. o $10 billion will go to a capital revolving fund to help redu ce inefficient Federal property leasing that would be more cost-effective to pu rchase. Presiden t Trump 's propo sal will return infrastructure decision-making to States and localities, allowing them to invest in the specific needs of their communities . The proposal will get Washington out of the way of needed infrastructure impro veme nts by eliminating regulatory barriers and streamlining permitting process es. o A" one agency, one decision " structure will be established for environmental reviews and the process w ill be shorten ed to two years. o More flexibility will be given to projects that have minimal Federal funding but currently must seek Federal review and approval. INVESTING IN AMERICAN WORKERS: The President's proposal will help better prepare American workers for the jobs of today and tomorrow. o o o President Trump' s proposal for reb uilding infrastructure in America w ill help give more American workers access to edu cation and workf orce-development prog rams by: o Expanding Pell Grant eligibility to high-qualit y shor t-term programs. o Better distr ibuting Federal Work Study program fund s to ensure more student s gain relevant workpla ce experience. o Reforming the Carl D. Perkins Career and Technical Edu cation (CTE) pro gram so that more funds go to programs which meet local workforce needs. The President is appearing at a trainin g site for International Union of Operat ing Engineers (IUOE) Local 18' s app renticeship and trainin g program. o IUOE Local 18' s trainin g and apprenticeship program is one of the larges t IUOE training programs in the countr y, serving over 15,000 members . o The program offers a range of opp ortuniti es for workers to develop and improve the skills they need to succeed in their fields. o Classes offered by the program provide workers with training in operating industry machinery, including bulldozer s, forklifts, cranes, backhoes, and more. Skills-training and apprenticeship program s like IUOE Local 18's are critical resource s that help prepare work ers for high-demand , well-paying jobs. AMlf IC'AI\ pVERSIGHT CEQ050FY18 091_000002117 CEQ-18-0173-C-001173 BUILDING UP AMERICAN INFRASTRUCTURE AND AMERICAN WORKERS "We will buildgleamingnew roads,bridges,highways, railways,and waterways all acrossour land.And we will do it with Americanheart,and American hands, and Americangrit." - PresidentDonaldJ.Trump REBUILDING AMERICAN INFRASTRUCTURE: President Donald J.Trump is in Ohio to discuss his proposal for rebuilding infrastructure in America. o o o o Today, President Trump is speaking with Ohio workers about how his infrastructure propo sal will help reb uild and modernize America's infrastructure and build a stronge r American workforce for the future. The President's proposal includes $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investments across America. o $100 billion w ill be directed to an Incentives Program to generate additional investment from States, localities, and the private sector. o $50 billion will be devoted to rebuilding and modernizing rural infrastructure. o $20 billion will go to promoting bold, transformati ve infrastructure projects. o $20 billion will go to expanding infrastructure financing program s. o $10 billion will go to a capital revolving fund to help redu ce inefficient Federal property leasing that would be more cost-effective to pu rchase. Presiden t Trump 's propo sal will return infrastructure decision-making to States and localities, allowing them to invest in the specific needs of their communities . The proposal will get Washington out of the way of needed infrastructure impro veme nts by eliminating regulatory barriers and streamlining permitting process es. o A" one agency, one decision " structure will be established for environmental reviews and the process w ill be shorten ed to two years. o More flexibility will be given to projects that have minimal Federal funding but currently must seek Federal review and approval. INVESTING IN AMERICAN WORKERS: The President's proposal will help better prepare American workers for the jobs of today and tomorrow. o o o President Trump' s proposal for reb uilding infrastructure in America w ill help give more American workers access to edu cation and workf orce-development prog rams by: o Expanding Pell Grant eligibility to high-qualit y shor t-term programs. o Better distr ibuting Federal Work Study program fund s to ensure more student s gain relevant workpla ce experience. o Reforming the Carl D. Perkins Career and Technical Edu cation (CTE) pro gram so that more funds go to programs which meet local workforce needs. The President is appearing at a trainin g site for International Union of Operat ing Engineers (IUOE) Local 18' s app renticeship and trainin g program. o IUOE Local 18' s trainin g and apprenticeship program is one of the larges t IUOE training programs in the countr y, serving over 15,000 members . o The program offers a range of opp ortuniti es for workers to develop and improve the skills they need to succeed in their fields. o Classes offered by the program provide workers with training in operating industry machinery, including bulldozer s, forklifts, cranes, backhoes, and more. Skills-training and apprenticeship program s like IUOE Local 18's are critical resource s that help prepare work ers for high-demand , well-paying jobs. AMlf IC'AI\ pVERSIGHT CEQ050FY18 091_000002117 CEQ-18-0173-C-001173 o o More than 90 percent of aJI apprenticeship program participants gain employment after comple ting their programs according to data from the Depa rtment of Labor. Too many American workers have been unable to fill well-paying jobs due to insufficient access to skills-training programs. o There are currently 250,000 job openings in the construction industry and 305,000 in transportation, warehousing, and utilities. o According to a 2014 study by Georgetown University , just under two-thirds of all jobs will require some form of training or education beyond high school by 2020. CONTINUING TO REBUILD THE AMERICAN ECONOMY: President Trump's infrastructure proposal will build upon the success his Administration has already had in strengthening the American economy. o o President Trump's proposal to leverage $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investment s will help further strengthen the American economy. o The Council of Economic Advisers (CEA) estimates that a 10-year $1.5 trillion infrastructure investment program could boost annual average gross domesti c product (GDP) growth by between 0.1 and 0.2 percentage points. o CEA estimates that a $1.5 trillion in infrastructure investmen ts would employ between 290,000 and 414,000 additional infrastructure workers on average over ten years. The economic benefits of President Trump's infrastructure proposal will build upon the gains the economy has already seen under this Administration. o This week, United States GDP growth for the fourth quarter of 2017 was revised up from 2.5 percent to 2.9 percent, beating expectations. o Nearly 2.5 million jobs have been created since President Trump took office, including 245,000 manufacturing jobs and 300,000 construction jobs. o The unemplo ymen t rate has remained at a 17-year low since October of last year. AM f ( Af\ pVERSIGHT 2 CEQ050FY18091 _000002117 CEQ-18-0173-C-001174 o o More than 90 percent of aJI apprenticeship program participants gain employment after comple ting their programs according to data from the Depa rtment of Labor. Too many American workers have been unable to fill well-paying jobs due to insufficient access to skills-training programs. o There are currently 250,000 job openings in the construction industry and 305,000 in transportation, warehousing, and utilities. o According to a 2014 study by Georgetown University , just under two-thirds of all jobs will require some form of training or education beyond high school by 2020. CONTINUING TO REBUILD THE AMERICAN ECONOMY: President Trump's infrastructure proposal will build upon the success his Administration has already had in strengthening the American economy. o o President Trump's proposal to leverage $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investment s will help further strengthen the American economy. o The Council of Economic Advisers (CEA) estimates that a 10-year $1.5 trillion infrastructure investment program could boost annual average gross domesti c product (GDP) growth by between 0.1 and 0.2 percentage points. o CEA estimates that a $1.5 trillion in infrastructure investmen ts would employ between 290,000 and 414,000 additional infrastructure workers on average over ten years. The economic benefits of President Trump's infrastructure proposal will build upon the gains the economy has already seen under this Administration. o This week, United States GDP growth for the fourth quarter of 2017 was revised up from 2.5 percent to 2.9 percent, beating expectations. o Nearly 2.5 million jobs have been created since President Trump took office, including 245,000 manufacturing jobs and 300,000 construction jobs. o The unemplo ymen t rate has remained at a 17-year low since October of last year. AM f ( Af\ pVERSIGHT 2 CEQ050FY18091 _000002117 CEQ-18-0173-C-001174 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: Alexander Herrgott To: "Sturges , Matt" Date: Thu, 29 Mar 2018 08:47:58-0400 Nab. Just wanted to talk about Possible T&I tweet/statement post POTUS speech at 2pm in Ohio today. This is our roll out that supposed to be 3 weeks ago. Something positive about wanting to work with wH on infra proposal this year generally, even it that just ends up being FAA and WRDA we don't need to say it. Whole world wants to punl any f1llldingLo2019 however ColDillerce marking up in May most likely a much "sma ller" version. There arc going to be some chan ges at NEC very soon and l want to make sure after his speech I can change the way WH treats Shuster. Sent from my iPhone On Mar 29, 2018, at 8:24 AM, Sturges, Matt wrote: Hey man. l'm out of town this weektraveliJlgwith family so not ch cling email that often. Stil.lwantto catch up? I'm happy to call whenever this morning. On Mar 28, 2018, at 4:02 PM, Herrgott, AlexH. EOP/CEQ Can you give me a call? Mucho thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_000002937 CEQ-18-0173-C-001175 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: Alexander Herrgott To: "Sturges , Matt" Date: Thu, 29 Mar 2018 08:47:58-0400 Nab. Just wanted to talk about Possible T&I tweet/statement post POTUS speech at 2pm in Ohio today. This is our roll out that supposed to be 3 weeks ago. Something positive about wanting to work with wH on infra proposal this year generally, even it that just ends up being FAA and WRDA we don't need to say it. Whole world wants to punl any f1llldingLo2019 however ColDillerce marking up in May most likely a much "sma ller" version. There arc going to be some chan ges at NEC very soon and l want to make sure after his speech I can change the way WH treats Shuster. Sent from my iPhone On Mar 29, 2018, at 8:24 AM, Sturges, Matt wrote: Hey man. l'm out of town this weektraveliJlgwith family so not ch cling email that often. Stil.lwantto catch up? I'm happy to call whenever this morning. On Mar 28, 2018, at 4:02 PM, Herrgott, AlexH. EOP/CEQ Can you give me a call? Mucho thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_000002937 CEQ-18-0173-C-001175 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 September 14, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 4 Dear Mr. Evers: This letter is the third production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this fourth production, we have processed an additional 200 records and identified 247 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 159 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted some email addresses and phone numbers. We have determined that exemptions be applied in 8 redaction instances pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 Infrastructure Week ClosingNightReceptionInvitation From To: "Brittingham , Charles II (WAS-CAS)" "Brittingham, Charles II (WAS-CAS )" "Herrgott . Alex H. EOP/CEQ" amanda_hall@inhofe.senate.gov, an drew _neely@commerce.senate.gov, "Atchley, Christina (CAtchley@USChamber.com)" , "lcenhower, Alexandria (Alexandria. lcenhower@Honeywell.com )" , andrew.holleman@ferc.gov , brown.byron@epa .gov, bmelvin@scspa.com, ckaufman@cgagroup.com, cgreene@blakey -agnew .com, chris .vieson@mai l.house .gov , carlisle_clarke@appro.senate.gov, ccoes@locusdevelopers.org, courtney@cypressgroupdc.com, caroline.ponseti@ma il.house.gov, cmontesano@americanwaterways.com, danie l_ulmer@cochran.senate.gov, dlibatique@portla.org , dimitri.karakitsos@hklaw.com. dfranks@artba.org , enessle@blakeyagnew.com, evan.lee@mai l.house.gov, "Mortimer, Edward (EMortimer@USChamber.com)" , "Flippin, Stephen (Stephen_Flippin@csx.com)" , fred .miller@mail.house .gov , gunasekara.mandy@epa .gov, geoffrey _green@kennedy .senate.gov, geoff.bowman@mail.house .gov, "Hupp , Sydney Cc: (hupp.sydney@epa.gov)" , hayden.haynes@mail.house.gov, "Holland, Luke (lnhofe)" , ian .musselman@continental corporat ion.com , ian .bennitt@mail.house .gov, "Jason Albritton Uason.albritton@TNC .ORG)" , "Schindler, James Uames_schindler@ios.doi.gov)" , jackson .ryan@epa .gov, joe_brown@boozman .senate .gov, john.seale@mail.house.gov, jbrewer@asid.org, jan_brunner@epw.senate.gov , "Wright, Jennie (lnhofe)" , "Uddo, Joe (Joe .Uddo@hq .doe.gov )" , jsterne@nossaman.com , joshua .hodges@mail.house .gov , jmendelsoniii@solarcity .com , jen_a rmstrong@ap pro.senate.gov , "Peabody, John (John.Peabody@mottmac.com)" , jmccurry@gaports .com, jdavis@enotrans.org, kevin.ro ig@mail.house .gov, kevin_turner@strange .senate.gov , kleininger@nrmca.org, "Williams , Kathleen A (Katie) CIV USARMY CEHQ (US) (Kathleen.A.Williams@usace.army.mil)" , khalil.abboud@mail.house .gov, "Laura Lightbody (llightbody@pewtrusts.org)" , "Laura Berkey-Ames (LBerkey-Ames@afpm.org)" , "Bolar , Luke (Luke .Bolar@edelma n.com)" , 1 CEQ050FY18091 _ 000000552 CEQ-18-0173-D-000001 laura_atcheson@cornyn .senate .gov , laura .ferrell@cheniere .com , "Lauren Schapker (lschapker@ ngwa .org)" , lauren _reamy@rub io.senate .gov, matt.sturges@mail.house.gov , mike.friedbe rg@hklaw .com , "Martinko, Stephen A. (Stephen. Ma rti nko@klg ates.com)" , "Matt Cornelius (mj.cornelius@gmail.com)" , "Michele Nellenbach (mnellenbach@bpcaction.org)" , murphie .barrett@mail .house.gov, mike@mwrstrat.com, nfuller@sprahydr o.com, "Olsen , Elizabeth (EPW) (Elizabeth_Olsen@epw.senate .gov)" , paul.sawyer@mail.ho use .gov , "Peter Umhofer (pumhofer@e2strategic.com)" , "Pri ce , Wendi (lnhofe)" , ron_anderson@cassidy .senate. gov, rboerstling@nam.org , robyn_engibous@sull ivan .senate .gov, ryan.se iger@mail.house .gov, sama ntha.tillery@mail.house .gov, smbanaga@tecoenergy.com, sboyajian@nossaman.com, smonteverde@aapa -ports.org , "SaraJohnson(SJohnson@ hf-law.com)", sama ra.ashley@p olb.com, "Desjoire Smith (smithdesjoire@gmail.com )" , "Bodine , Susan (EPW) (Susan_Bodine@epw.senate.gov )" , stephanie_lightfoo t@pe rdue.senate .gov , "Te d lllston (ted .illston@gmail .com)" , ttol lison@seda .org , tzea@waterwayscou ncil.org , "Vella , Carter (EPW) (Carter _Vella@epw.senate .gov)" , "Bar rett, Walker (Walker.Barrett@mail .house .gov) " , whhanson@g ldd.com , w ard .cormier@mail .house .gov , jwalker@aapa -ports.org Date: Th u, 04 May 20 17 19:49 :20 -0400 Friends and colleag ues - I would cord ially like to invite you to the Cassidy and Associates Infrastructure Week Recept ion (info) be low . We have been work ing in conju nction wi t h www. lnfrastructureWeek.org , Grassroots Professional Network, and others fo r the past two months to make t his a rea lity and it's shaping up to be a great event (150 RSVP$ in last 48hrs). If yo u live outside the Beltway and happen to be in town that week, come on by. look forward to seeing all you there ... Charles CharlesBrittingham,II Senior Vice President 202-585 -2479 (Direct) (mob ile) www.cass idy.com CASSIDY &ASSOCIATES 2 CEQ050FY18091 _ 000000552 CEQ-18-0173-D-000002 Cassidy & Associates and GPN team up for Infrastructure Week Closing Night Reception InfrastructureWeek Closing Night RooftopReception Cass idy & Assoc iates , GovPredict and the Grassroots Professiona l Network cordially invite you to a private rooftop reception celebrat ing the close of Infrast ructure Week . 3 CEQ050FY18091 _000000552 CEQ-18-0173-D-000003 Thursday , May 18, 2017 6:00 - 8:00 p.m. The Rooftop of Cassidy & Associates 733 10th Street NW Washington, DC 20001 Remarks by: Special Guests Congressman Garret Graves (LA-06) and Congresswoman Rosa Delauro (CT-03) We welcome industry, government , and non-profit leaders of infrastruct ure policy to come close out the week with food and drinks. You might find yourself discussing why Congress should act now to pass a long-term transportation bill, or maybe going in-depth about our region's delayed streetcar plans. This event adheres to both the House and Senate Ethics Committees' guidelines regarding widely attended events . Register Event Host: 4 CEQ050FY18091 _000000552 CEQ-18-0173-D-000004 5 Grassroots Professional Network Leading the Change contactcenter@grassrootspros .org [unsub] This message contains information which may be confidential and privileged. Unless you are the intended recipient (or authorized to receive this message for the intended recipient) , you may not use, copy, disseminate or disclose to anyone the message or any information contained in the message . If you have received the message in error, please advise the sender by reply e-mail , and delete the message. Thank you very much. 6 CEQ050FY18091 _000000552 CEQ-18-0173-D-000006 Re: DOT Request:NEC infrastructure proposal From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7 ce 1ebaef28486db 7e 75a45c19c9813-herrgott, a"> To: "Fuchs , Patrick (Commerce)" Date: Thu, 18 May 2017 20:26:30 -0400 I very much appreciate this. Sent from my iPbone On May 18, 2017, at 6:25 PM , Fuchs , Patrick (Commerce) wrote: And here are some the streamlin ing and financing changes from the list sent by Adrian. These are not as wild as the ideas just sent. FRA Categorical Exclusions (CEs) for Railroad Projects As directed by the FAST Act, in June 2016, FRA published a notice proposing two new CEs concerning geotechnical investigations and refinancing activities from review under the National Environmenta l Policy Act. CEs are actions that generally do not necessitate an environmental assessment or environmental impact statement. FRA received public comment for eight additional CEs that are applicable to highway projects but not for rail projects (e.g., installation of fencing, shelters, warning devices where no substantial land acquisition or traffic disruption occurs). It also received comment to modify and expand two existing CEs concerning limited maintenanc e and rail line 81FR 35437 (2016 not ice); 78 FR2713 (2013 notice setting out a list of CEs). Note: FRA lists its CEs in policy guidance . Expand the CEs for rail projects to include the CEs applicable to other modes and to incorpora te other suggestions from public commenters. AAR CEQ050 FY18 091 _000000171 CEQ-18-0173-D-000007 addition activities. To date, FRA has not finalized the two proposed CEs, eight suggested additions, or two suggested modifications. Industry points out that the limited list of CEs for rail, compared to highways , adds unnecessary time and cost to rail infrastructure projects. FRA RRIF Cohorts The Railroad Rehabilitation and Improvement Financing (RRIF) program collects credit risk premiums (CRPs) from borrowers to offset the risk of direct loans. A CRP is a surcharge based on a borrower ' s creditworthiness. DOT is required to refund CRPs, minus any losses, when all of the loans in a cohort are repaid. The problem is that, over the life of the RRIF program, DOT has failed to define a cohort, so no borrower has received a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than defining cohort as all loans in a fiscal year, a definition consiste nt with regulations and legislative intent, DOT's failure to act bas implied a single cohort of all RRIF loans - a legally dubious outcome harmful to reinvestment. Thus, despite repaying their loans, and receiving their loans in fiscal years in which all other borrowers have repaid, several railroads - mostly 2 45 U.S.C . 822, prior to enactment of the FAST Act. (Note: the loans eligible for a refund were provided prior to the FAST Act, which eliminated this requirement gomg forward.) Define RRIF cohorts on a fiscal year basis, facilitating refunds and enabling private capital reinvestme nt. Chambers , Conlon & Hartwell , on behalf of NRCMA and ASLRRA CEQ050FY18091 _000000171 CEQ-18-0173-D-000008 small businesses - have had their CRPs tied up at DOT. With a fiscal year cohort definition , over $15 million in CRPs would eligible for refunds and another $25 million in CRPs would be eligible in a shorter period of time. FRA FRA Sectio n 106 Exemption for Railroad Projects The FAST Act directed the FRA to propose , and the Advisory Council on Historic Preservation (ACHP) to finalize, an exemption from Section 106 review for railroad projects that is similar to the exemption granted for highway projects in 2005. Section 106 is a historic perseveration consultation and analysis process. While FRA has develope d its proposal , the ACHP is yet to finalize its exemption , which is due no later than June 2017. Though ACHP is an independent agency, and it has not yet missed any statutory deadline, industry states the finalization of this exemption would be one of the FAST Act's most important provisions to accelerate the delivery of rail infrastructure projects. 49 U.S.C. 24202 Work with the ACHP to finalize the Section 106 exemption for railroad projects Advance acquisition For some types of projects , the Moving Ahead for Progress in the 21st Century Act (MAP-21) allowed, with various conditions , the acquis ition of certain property interests prior to the completion of the National Environmental Policy Act review for the full project. 23 U.S.C. 108 Apply modified and expanded version of the advance acquisit ion framework to rail projects . 3 AAR, BNSF Railway Amtrak CEQ050 FY18091_000000171 CEQ-18-0173-D-000009 This authority expedites property acquisition that is often essent ial for project development , saving time and mon ey. How ever, it appli es to projects und er Title 23 , such as highway projects , but not railroad projects under Title 49. PatrickFuchsI From : Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 6:13 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject: FW: DOT Request: NEC infrastructure proposal Some ideas for t he buckets I mentioned (some of which are wi ld, some of which I don't necessarily support) -- 1. RRIF (about $30 billion in unused loan authorit y): o Loan terms. You could extend the potentia l loan te rm w indow from 35 to SO years . (45 USC 822g) o Master credit agreements. You could ame nd the master credit agreement subsection (45 USC822m), so t hat the t rigger for payback of each of the loans in t he master credit agreement is five years from the dat e of su bstantia l comple t ion of t he last project in the agreement Right now, under 822j, it's the date of substantial completion of the project, not the last project in an agreement. This is a bit wild and out t here, and I' m not sure I fully agree with it. But let's say you financed some of Gateway w ith a RRIFloan master credit agreement that included the tunnels and the stat ion. Under this, the loan wou ldn't pay back until the last project {the stat ion) was comple t e. You might finish the tunnels in 2022 and the station in 2027, so your payback for bot h starts in 2032. On some level, this makes sense, because you don't get the ful l operational benefits (going from two to four tracks in NYC) until all projects are complete. It would be a huge boon to big related projects to essentially delay payment until many years down the line. o Enviro/procurement law. As you know, a big hurdle for the program is the applicability of NEPA, Buy America, and other Federal procurement laws. The NEPA process generally must be complete before consideration of a loan . Understanding that you may not be able to do anything on Buy America, it may be good if the loans were treated more like private sector money for t he purposes of environmental and other procurement law . o CRPfunding. I think you already hit on subsid izing credit risk premiums for RRIF loans. 4 CEQ050FY 18091 _ 000000171 CEQ-18-0173-D-000010 o Loan guarantees at the lender level. Many folks on our side won't like this, but some people have suggested using the loan guarantee aspect of RRIF more often. If you were to get wild, you could use the loan guarantee to back approved rail lenders, who would then provide Federally-backed loans. You could focus on the lender and set requirements for the lender, instead of a Federal decision on each loan. This would eliminate some of the hassle of going through the Federal process, and it is similar to how some other agencies subsidize loans . 2. Amtrak (about $1.4 billion) o Long distance route corridors. We spend about $700 million on long distance route (over 750 miles), and states pay-in almost nothing. It's about half of the total Amtrak subsidy, and it's only 15 percent of riders. Meanwh ile, state-supported routes (under 750 miles) are half the riders, and the Federal government pays very little. You could set-up long distance route corridors (all the states in a route) and require benefit ing states to pay-in SO percent to fund their long distance routes . This would draw -in more money to the system . If you wanted to, you could provide an out, so states along a route could vote to receive block grants for investment instead of long distance service . We'd need to think through the federalism issues. o Intercity passenger transportation grants . Instead of the $700 million on long distance service, you coul d block grant it with state/local match requirements. States may choose to subsidize bus service and serve more people . As I have mentioned to you before , you'd need to al locate some of the money to pay la bar severance and other trans it ional costs. o Competition. You could issue the final rule allowing alt ernative passenger rail carriers {e .g., Herzog) to compete for Amtrak long distance routes if they can provide the same level of service for 90 percent of the costs or less. 3. Grant programs (about $98 million) o Federal-state partnership match. Shuster's bill had the Federal match at SO percent, and the final bill had it 80 percent. Considering that Amt rak wou ld be matching, and could draw money in from commuter railroads {indirectly or directly ), I suppose a 50 percent match could leverage more investment. This is small ba ll though - the program is $25 million , and it's probably not worth any quest ions from those in the NE. 4. Tax o 45G. As discussed, you could make this permanent. Patrick Fuchs I -----Original Message----From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 S:2S PM 5 CEQ050FY 18091 _ 000000171 CEQ-18-0173-D-000011 To: ' Herrgott, Alex H. EOP/CEQ' Subject: RE: DOT Request: NECinfrastructure proposal > Attached Patrick Fuchs I -----Original Message----From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Thursday, May 18, 2017 4 :54 PM To: Fuchs, Patrick (Commerce) Subject: FW: DOT Request: NEC infrastructure proposal Give me a shout -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4 :51 PM To: 'Deci, Jen (Banking)' Subject: FW: DOT Request: NEC infrastructure proposal -----Origina l Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:34 PM To: ' j.ray@dot.gov ' <1.@y@dot.gov> Subject: DOT Request: NECinfrastructure proposal Jimmy, I need you give me a shout about this. We need help building out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. For each of the bul leted items in Title II, we need you to build out the explanation of your proposal so that the existing problem and the proposed solution are clear. In the explanation, you should briefly identify the law or program as it currently exists; identify the problem (or missed opportunity) that this creates; and explain how we propose to fix it. The explanations should be short, but should provide enough context so that anyone reading it can understand why the proposal is needed and what it will solve or accomplish. A templa te you could follow is: * Proposal title or descriptio n The curren t law is * --------This creates a problem because ________ * 6 _ CEQ050FY 18091 _ 000000171 CEQ-18-0173-D-000012 * Doing ______________ will address this problem . For example: * Eliminate Major Project oversight requirements for projects that are more routine for FHWA and DOTs. Currently, Major Project oversight requirements apply to all projects that are over 0 $500 mi llion. This adds unnecessary overs ight requiremen t s to projects that are routine for FHWA 0 and DOTs. o Amending 23 U.S.C.106(h) to raise the thresho ld for Major Projects from $500M to $18 will remove unnecessary oversight from smaller, less com plex projects t hat are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal should have enough explanat ion to make clear what currently exists today and how we propose to change it to make it better . Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 7 CEQ050FY 18091 _ 000000171 CEQ-18-0173-D-000013 Re: DOT Request:NEC infrastructure proposal From: To: "Fuchs, Patrick (Commerce)" Date: Thu, 18 May 2017 20:26:28 -0400 I very mucb appreciatetbis. Sent from my iPhone On May 18, 2017 , at 6:25 PM, Fuchs, Patrick (Commerce) wrote: And here are some the streamlining and financing changes from the list sent by Adrian . These are not as wild as the ideas just sent. FRA Categorical Exclusions (CEs) for Railroad Projects As directed by the FAST 81 FR 35437 Act, in June 2016, FRA published a notice (2016 proposing hvo new CEs notice); 78 concerning geotechnical FR2713 investigations and (2013 refinancing activities notice from review under the setting out a National Environmental list of CEs). Policy Act. CEs are Note: FRA actions that generally do lists its CEs not necessitate an in policy environmental assessment guidance. or environmental impact statement. FRA received public conm1ent for eight additional CEs that are applicable to highway projects but not for rail projects (e.g., installation of fencing, shelters, warning devices where no substantial land acquisition or traffic disruption occurs). lt also received comment to modify and expand two existing CEs concerning limited maintenance and rail line addition activities. To date, FRA has not 1 Expand the CEs for rail projects to include the CEs applicable to other modes and to incorporate other suggestions from public commenters. AAR CEQ050FY 18091 _ 000000605 CEQ-18-0173-D-000014 finalized the two proposed CEs, eight suggested additions, or two suggested modifications. Industry pain.ts out that the limited list of CEs for rail, compared to highways , adds unnecessary time and cost to rail infrastructure projects. FRA RRIF Cohorts The Railroad Rehabilitation and Improvement Financing (RRIF) program collects credit risk premiums (CRPs) from borrowers to offset the risk of direct loans. A CRP is a surcharge based on a borrower's creditworthiness. DOT is required to refund CRPs , minus any losses , when all of the loans in a cohort are repaid. The problem is that, over the life of the RRIF program , DOT has failed to define a cohort , so no borrower has received a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than defining cohort as all loans in a fiscal year , a definition consistent with regulations and legislative intent, DOT's failure to act has impl ied a single cohort of all RRlF loans - a legally dubious outcome harmful to reinvestment. Thus , despite repaying their loans , and receiv ing their loans in fiscal years in which all other borrowers have repaid, several railroads - mostly small businesses - have had their CRPs tied up at 2 45 U.S.C. 822, prior to enactment of the FAST Act. (Note: the loans eligible for a refund were provided prior to the FAST Act, which eliminated this requirement gomg forward.) Define RRIF cohorts on a fiscal year basis, facilitating refunds and enabling private capital reinvestment. Chambers , Conlon& Hartwell , on behalf of NRCMA and ASLRRA CEQ050FY18091 _000000605 CEQ-18-0173-D-000015 DOT. With a fiscal year cohort definition , over $15 million in CRPs would eligible for refunds and another $25 million in CRPs woul d be eligible in a shorter period of time. FRA Section 106 Exemption for Railroad Projects The FAST Act directed the FRA to propose , and the Advisory Council on Historic Preserva tion (ACHP) to finalize , an exemption from Section 106 review for railroad projects that is similar to the exemptio n granted for highway projects in 2005. Section I 06 is a historic perseveration consultation and analysis process. While FRA has develope d its proposal , the ACHP is yet to finalize its exemption, w hich is due no later than June 20 17. Though ACHP is an independent agency, and it has not yet missed any statutory deadline, industry states the finalization of this exemption would be one of the FAST Act's most important provisions to accelerate the delivery of rail infrastructure projects. 49 U.S.C. 24202 Work with the ACHP to finalize the Section 106 exempti on for railroad projects AAR , BNSF Railwa y FRA Advance acquisition For some types of project s, the Moving Ahead for Progress in the 21st Century Act (MAP-21) allowed, with various conditions , the acquis ition of certa in property interests prior to the completion of the National Environmental Polic y Act review for the full project. This authority expedites property acquisition that is 23 U.S.C. 108 Apply modified and expanded version of the advance acquisit ion framework to rail projects. Am trak 3 CEQ050FY18091 _000000605 CEQ-18-0173-D-000016 often essent ial for project development, saving time and money. How ever, it applies to projects under Titl e 23, such as highway proj ects , but not railroad projects under Title 49. Patrick FuchsI From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 6:13 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject: FW: DOT Request: NEC infrastructure proposal Some ideas for the buckets I mentioned (some of which are wild, some of which I don't necessarily support) -- 1. o RRIF (about $30 billion in unused loan authority): Loan terms . You could extend the potentia l loan term window from 35 to 50 years. (45 USC 822g) o Mastercreditagreements. You could amend the master credit agreement subsection (45 USC822m), so that the t rigger for payback of each of the loans in the master credit agreement is five years from the date of substan t ial completion of the last project in the agreement Right now, under 822j, it' s the date of substantial completion of the project, not the last project in an agreement. This is a bit wild and out t here, and I' m not sure I fully agree with it. But let's say you financed some of Gateway w ith a RRIFloan master credit agreeme nt that included the tunnels and the stat ion. Under this, the loan wou ldn' t pay back until the last project (the st ation) was comple t e. You might fin ish the tunnels in 2022 and the station in 2027, so your payback for both starts in 2032. On some level, this makes sense, because you don't get the full operational benefits (going from two to four tracks in NYC) until all projec ts are complete . It would be a huge boon to big related projects to essentially delay payment until many years down the line. o Enviro/procurement law. As you know, a big hurdle for the program is the applicability of NEPA, Buy Ame rica, and othe r Federal procurement laws. The NEPA process generally must be complete before consideration of a loan. Understanding that you may not be able to do anything on Buy America, it may be good if the loans were treated mo re like private sector money for t he purposes of environmental and other procurement law. o CRPfunding . I think you already hit on subsid izing credit risk premiums for RRIF loans . o Loan guarantees at the lender level. Many folks on our side wo n't like t his, but some people have suggested using the loan guaran tee aspect of RRIF more often. If you were to get wild, 4 CEQ050FY 18091_ 000000605 CEQ-18-0173-D-000017 you could use the loan guarantee t o back approved rail lenders, who would then provide Federally-backed loans. You could focus on the lender and set requirements for the lender, instead of a Federal decision on each loan. This woul d eliminate some of the hassle of going through the Federal process, and it is similar to how some other agencies subsidize loans. 2. Amtrak (about $1.4 billion) o Long distance route corridors. We spend about $700 million on long distance route {over 750 miles ), and states pay-in almost nothing . It's about half of the to tal Amtrak subsidy, and it's only 15 percent of riders. Meanwh ile, state-supported routes {under 750 miles) are half the riders, and the Federal government pays very little . You could set-up long distance route corridors (all the states in a route) and require benefit ing states to pay-in 50 percent to fund their long distan ce routes. This would draw-in more money to the system. If you wanted to , you could provide an out, so states along a route could vote t o receive block gra nt s fo r investment instead of long distance service . We'd need to think through the federalism issues. o Intercity passenger transportation grants. Instead of the $700 million on long distance service, you could block grant it with state/local match req uirements. States may choose to subsidize bus service and serve more people. As I have mentioned to you before , you'd need to allocate some of the money to pay labor severance and other trans it ional costs. o Competition. You could issue the final rule allowing alternative passenger rail carriers (e .g., Herzog) to compete for Amtrak long distance routes if they can provide the same level of service for 90 percent of the costs or less. 3. Grant programs (about $98 million) o Federal-state partnership match . Shuster's bill had the Federal mat ch at 50 percent, and the fi nal bill had it 80 per cent . Considering that Amt rak w o uld be matching, and could draw money in from commuter railroads {i ndirectly or directly ), I suppose a 50 percent match co uld leverage more investment. This is small ball thoug h - the program is $25 mill ion, and it' s probably not wort h any quest io ns from those in the NE. 4. Tax o 45G . As discussed, you could make this permanen t. Patrick Fuchs I -----Original Message---- From: Fuchs, Patrick (Commerce) Sent: Thursday , May 18, 2017 5 :25 PM To: ' Herrgott, Alex H. EOP/CEQ' Subject : RE: DOT Request : NEC infrast ructu re prop osal 5 CEQ050FY 18091 _ 000000605 CEQ-18-0173-D-000018 Attached Patrick Fuchs I -----Original Message----From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Thursday, May 18, 2017 4:54 PM To: Fuchs, Patrick {Commerce) Subject: FW: DOT Request : NEC infrastructure proposal Give me a shout ----- Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4 :51 PM To: 'Deci, Jen (Banking)' Subject: FW: DOT Request : NEC infrastructure proposal -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thur sday, May 18, 2017 4 :34 PM To: ' j.ray@dot .gov ' Subject: DOT Request : NEC infrastructure proposal Jimmy, I need you give me a shout abou t this . We need help building out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. For each of the bul leted items in Title 11,we need you to build out the explanation of your proposal so that the ex isting prob lem and the proposed solution are clear . In the explanation, you should briefly identify the law or program as it cu rrently exists; identify the problem (or missed opportunity) that this creates; and explain how we propose to fix it. The explanations should be short, but should provide enough context so that anyone reading it can unde rstand why the proposal is needed and what it will solve or accomplish . A template you could follow is: * Proposal title or descrip t ion * The current law is --------* This creates a problem because ________ Doing * _ will address this problem. For example: 6 CEQ050FY 18091 _ 000000605 CEQ-18-0173-D-000019 * Eliminate Major Project oversight requirements for projects that are more routine for FHWA and DOTs. Currently, Major Project oversight requirements apply to all projects that are over 0 $500 mi llion. This adds unnecessary oversight requirements to projects that are routine for FHWA 0 and DOTs. o Amending 23 U.S.C. 106(h) to raise the thresho ld for Major Projects from SS0OM to $1B will remove unnecessary oversight from smaller, less complex projects that are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal should have enough explanation to make clear what current ly exists today and how we propose to change it to make it better. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 7 CEQ050FY 18091 _ 000000605 CEQ-18-0173-D-000020 RE: DOT Request:NEC infrastructure proposal From: "Fuchs, Patrick (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 18 May 2017 18:25:21 -0400 And here are some the st reamli ning and financing changes from t he list sent by Adrian . These are not as wi ld as the ideas just sent . FRA Categorical Exclusions (CEs) for Railroad Projects As directed by the FAST Act , in June 2016, FRA published a notice proposing two new CEs concerning geotechnical investigations and refinancing activities - from review under the National Environmental Policy Act. CEs are actions that generalJy do not necessitate an environmental assessment or environmental impact statement. FRA received public comment for eight additional CEs that are applicable to highway projects but not for rail projects (e.g., installat ion of fencing , shelters , warning devices where no substantial land acquis ition or traffic disruption occur s) . It also received comment to modify and expand two existing CEs concerning limited maint enance and rail line addition activit ies. To date, FRA has not finalized the two proposed CEs, eight suggested additions , or two suggested modifications. Industry points out that the limited list of CEs for rail, compared to highways, adds unnecessary time and cost to rail infrastructure projects. 81 FR 35437 (2016 notice) ; 78 FR27l3 (2013 notice setting out a list ofCEs) . No te: FRA lists its CEs in policy guidance . Expand the CEs for rail projects to include the CEs applicable to other modes and to incorporate other suggestions from public comm enters. AAR FRA RR1F Cohorts The Railroad Rehabili tation and Improvement Financing (RRIF) program collects credit risk 45 U.S.C. 822, prior to Define RRIF cohorts on a fiscal year Chambers, Conlon & Hartwell , 1 CEQ050FY 18091 _ 000000614 CEQ-18-0173-D-000021 FRA Section 106 Exemption for Railroad Projects premiums (CRPs) from borrowers to offset the risk of direct loans. A CRP is a surcharge based on a borrower ' s creditworthiness. DOT is required to refund CRPs , minus any losses, when all of the loans in a cohort are repaid. The problem is that, over the life of the RRIF program , DOT has failed to define a cohort , so no borrower has received a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than defining cohort as all loans in a fiscal year, a definition consistent with regulations and legislative intent, DOT's failure to act has implied a single cohort of all RRIF loans - a legally dubious outcome harmful to reinvestment. Thus, despite repaying their loans, and receiving their loans in fiscal years in which all other borrowers have repaid , several railroads - mostly small businesses - have had their CRPs tied up at DOT. With a fiscal year cohort definition , over $15 million in CRPs would eligible for refunds and another $25 million in CRPs would be eligible in a shorter period of time. enactment of the FAST Act. (Note: the loans eligible for a refund were provided prior to the FAST Act, which eliminated this requirement going forward.) basis, facilitating refunds and enabling private capital reinvestment. on behalf of NRCMA and ASLRRA The FAST Act directed the FRA to propose , and the Advisory Council on Historic Preservation (ACHP) to finalize, an exemption from Section I 06 review for railroad projects that is similar to the exemption granted for highway projects in 2005. Section 106 is a historic perseveration consultatio n and analysis process . While FRA has developed its proposal, the ACHP is yet to finalize its exemption , which is due no later 49 U.S.C. 24202 Work with the ACHP to finalize the Section 106 exemption for railroad projects AAR , BNSF Railway 2 CEQ050 FY18091_000000614 CEQ-18-0173-D-000022 than June 20 17. Thou gh ACHP is an independent agency , and it has not yet missed any statutory deadline , industry state s the fin alization of this exempti on would be one of the FAST Act' s most impo rtant pro visions to accelerat e the deli very of ra il infra structure projects . FR A Ad vance acqui sition For som e types of projects , the Moving Ahead for Progres s in the 21st Century Act (MAP-21) allow ed, w ith various condition s, the acquisition of certain proper ty inter ests prior to the completion of the National En vironm enta l Policy Act rev iew for the full project. Th is authority exp edites property acquisition that is often essential for proje ct developm ent, saving time and money . Ho weve r, it applie s to proj ects under Title 23 , such as highway proj ects , but not railroad projects under Title 49. 23 U.S.C. 108 Appl y modifi ed and expanded version of th e advance acqui sition fram ework to rail proje cts. Amtrak Patrick Fuchs From: Fuchs, Patrick (Commerce) Sent : Thursday, May 18, 2017 6:13 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject : FW: DOT Request: NECinfra stru cture proposal Some ideas for the buckets I mentioned {some of which are wild , some of whi ch I don 't necessarily support) -1. o RRIF (about $30 billion in unused loan authority): Loan terms . You could extend the potential loan term window from 35 to SOyears . {45 USC 822g) o Master credit agreements . You could amend the master credit agreement subsectio n {45 USC 822m), so that the trigger for payback of each of the loans in the master credi t agreement is five years from the date of substantial completion of the last project in the agreement Right now, under 822j, it's the date of substantial completion of the project , not the last project in an 3 CEQ050FY 18091 _ 000000614 CEQ-18-0173-D-000023 agreemen t. This is a bit wild and out there, and I'm not sure I fully agree with it. But let's say you financed some of Gateway with a RRIF loan master credit agreement that included the tunnels and the station . Under this, the loan wouldn't pay back until the last project (the station) was complete. You might finish the tunnels in 2022 and the station in 2027, so your payback for both starts in 2032 . On some level, this makes sense, because you don't get the full operational benefits (going from two to four tracks in NYC) until all projects are complete. It would be a huge boon to big related projects to essentially delay payment until many years down the line. o o o 2. Enviro/procurement law. As you know , a big hurdle for the program is the applicability of NEPA, Buy America, and other Federal procurement laws. The NEPA process generally must be complete before consideration of a loan. Understanding that you may not be able to do anything on Buy America, it may be good if the loans were treated more like private sector money for the purposes of environmental and other procurement law. CRPfunding. I think you already hit on subsidizing credit risk premiums for RRIF loans. Loan guarantees at the lender level . Many folks on our side won't like t his, but some people have suggested using the loan guarantee aspect of RRIFmore often. If you were to get wild, you could use the loan guarantee to back approved rail lenders, who would then provide Federally backed loans. You could focus on the lender and set requirements for the lender , instead of a Federal decision on each loan . This would eliminate some of the hassle of going thro ugh the Federal process, and it is similar to how some other agencies subsidize loans . Amtrak (about $1.4 billion) o Long distance route corridors . We spend about $700 million on long distance route (over 750 miles), and states pay-in almost nothing . It's about half of the total Amtrak subsidy, and it's only 15 percent of riders . Meanwhile, state-supported routes (under 750 miles) are half the riders, and the Federal government pays very little. You could set-up long distance route corridors (all the states in a route) and require benefiting states to pay-in 50 percent to fund their long distance routes . This would draw-in more money to the system. If you wanted to, you could provide an out, so states along a route could vote to receive block grants for investment instead of long distance service. We'd need to think through the federalism issues. o Intercity passenger transportation grants. Instead of the $700 million on long distance service, you could block grant it with state/local match requirements . States may choose to subsidize bus service and serve more people. As I have mentioned to you before, you'd need to allocate some of the money to pay labor severance and other transitional costs. o Competition. You could issue the final rule allowing alternative passenger rail carriers (e.g., Herzog) to compete for Amtrak long distance routes if they can provide the same level of service for 90 percent of the costs or less. 3. Grant programs (about $98 million) 4 CEQ050FY18091 _000000614 CEQ-18-0173-D-000024 o Federal-state partnership match. Shuster's bill had the Federal match at 50 percent, and the final bill had it 80 percent . Considering that Amtrak would be matching, and could draw money in from commuter railroads (indirectly or directly), I suppose a 50 percent match could leverage more investmen t. This is small ball though - the program is $25 million, and it's probably not worth any questions from those in the NE. 4. Tax o 45G. As discussed, you could make this permanent. Patrick Fuchs I ----- Original Message----From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 5:25 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject: RE: DOT Request: NEC infrastructure proposal Attached Patrick Fuchs -----Original Message----From : Herrgott, Alex H. EOP/CEQ mailto Sent: Thursday , May 18, 2017 4:54 PM To: Fuchs, Pat rick (Commerce) Subject: FW: DOT Request: NEC infrastructure proposal Give me a shout ----- Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:51 PM To: 'Deci, Jen (Banking)' Subject: FW: DOT Request: NEC infrastructure proposal ----- Original Message----From : Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4 :34 PM To: 'j.ray@dot.gov ' Subject : DOT Request: NEC infrastructure proposal Jimmy, 5 CEQ050FY 18091 _ 000000614 CEQ-18-0173-D-000025 I need you give me a shout about this. We need help build ing out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. For each of the bulleted items in Title II, we need you to build out the explanation of your proposal so that the exist ing problem and the proposed solution are clear . In the explanation, you should briefly identify the law or program as it current ly exists; identify the problem (or missed opportunity) that this creates; and explain how we propose to fix it. The explanations should be short, but should provide enough context so that anyone reading it can understand why the proposal is needed and what it will solve or accomplish. A template you could follow is: * Proposal title or description * The current law is _________ _ * This creates a problem because ________ _ * Doing w ill address this problem. For example: * Eliminate Major Project oversight requirements for projects t hat are more routine for FHWA and DOTs. 0 Currently, Major Project oversight requirements apply to all projects that are over $500 million. 0 This adds unnecessary oversight requirements to projects that are rout ine for FHWA and DOTs. o Amending 23 U.S.C.106(h) to raise the th reshold for Major Projects from $SOOMto $1B will remove unnecessary oversight from smaller, less complex projects that are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal should have enough explanation to make clear w hat currently exists today and how we propose to change it to make it better. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 6 CEQ050FY 18091 _ 000000614 CEQ-18-0173-D-000026 FW: DOT Request:NEC infrastructure proposal From: "Fuchs, Patrick (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Thu, 18 May 2017 18:12:59 -0400 Attachments: Changes_SurfaceMM_February2017 .docx (52.66 kB) Some ideas for the buckets I mentioned (some of which are wild , some of which I don 't necessar ily support) -- 1. RRIF(about $30 billion in unused loan authority) : o Loanterms. Youcould extendthe potential loan term window from 35 to 50 years. {45 USC 822g) o o Mas ter credit agreements. You could amend the master credit agreement subsectio n (45 USC 822m), so that the trigger for payback of each of the loans in the master credi t agreement is five years from the date of substantial complet ion of the last project in the agreement Right now, under 822j, it's the date of substantial completion of the project , not the last project in an agreement. This is a bit w ild and out there , and I'm not sure I fully agree w ith it . But let's say you f inanced some of Gateway with a RRIF loan master credit agreement that included the tunnels and the station . Under this, t he loan wouldn' t pay back until the last project (the station) was complete . You might fin ish the tunnels in 2022 and the station in 2027, so your payback for both starts in 2032. On some level, this makes sense, because you don't get the full operational benefits (going from t wo to four tracks in NYC) until all projects are complete . It would be a huge boon to big related projects to essentially delay payment until many years down the line . Enviro/procurement law. As you know, a big hurdle for the program is t he applicability of NEPA, Buy America, and other Federal procurement laws. The NEPA process generally must be complete before consideration of a loan . Understanding that you may not be able to do anything on Buy America, it may be good if the loans we re treated more like private sector money for the purposes of environmental and other procurement law . o o CRPfunding . I t hink you already hit on subsidizing credit risk premiums for RRIF loans . Loan guarantees at the lender level. Many folks on our side won't like this, but some people have suggested using the loan guarantee aspect of RRIF more often. If you were to get wild, you could use the loan guarantee to back approved rail lenders , who would then provide Federally backed loans. You could focus on the lender and set requirements for the lender, instead of a Federal decision on each loan. This would eliminate some of the hassle of going through the Federal process, and it is similar to how some other agencies subsidize loans . 1 CEQ050FY 18091 _ 000000618 CEQ-18-0173-D-000027 2. Amtr ak (about $1.4 billion) o Long distance route corridors . We spend about $700 m illion on long dist ance route (over 750 miles), and states pay-in almost nothing . It's about half of the total Amtrak subsidy, and it's only 15 percent of riders. Meanwhile, state -supported routes (under 750 miles) are half the riders, and t he Federal government pays very little. You could set-up long distance route cor ridors (all the states in a route) and require benefiting st ates to pay-in 50 percent to fund t heir long distance routes. This would draw-in more money to the system. If you wanted to, you could provide an out , so states along a route could vote to receive block grants for investment instead of long distance service . We'd need to think through the federalism issues. o Intercity passenger transportation grants. Instead of the $700 million on long d istance service, you could block grant it with stat e/local match requiremen ts. States may choose to subsidize bus service and serve more people . As I have mentioned to you before, you'd need to allocate some of the money to pay labor severance and other trans itional costs. o Competition. You could issue the final rule allowing alternative passenger rail carriers (e.g ., Herzog) to compete for Amtrak long distance routes if they can provide the same level of serv ice for 90 percent of the costs or less. 3. Grant programs (about $98 million) o Federal-state partnership match. Shuster's bill had the Federal match at 50 percent, and the final bill had it 80 percent. Considering that Amtrak wo uld be matching, and could draw money in from commuter railroads (indirectly or directly) , I suppose a 50 percent match could leverage more investment. This is small ball though - the program is $25 million, and it's probably not worth any questions from t hose in the NE. 4. Tax o 45G. As discussed, you could make this permanent. Patrick Fuchs I ----- Original Message----From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 5:25 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject: RE: DOT Request: NEC infrastructure proposal At tac hed Patrick Fuchs I 2 CEQ050FY 18091 _ 000000618 CEQ-18-0173-D-000028 ----- Original Message----From: Herrgott, Alex H. EOP/CEQ mailto Sent: Thursday , May 18, 2017 4:54 PM To: Fuchs, Patr ick (Commerce) Subject: FW: DOT Request: NEC inf rastructure proposal Give me a shout -----Original Message----From : Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:51 PM To: 'Deci, Jen (Banking)' Subject: FW: DOT Request: NEC infrastructure proposal -----Original Message----From : Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:34 PM To: 'j.ray@dot.gov ' Subject: DOT Request: NEC infrastructure proposal Jimmy, I need you give me a shout about this. We need help build ing out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. For each of the bulleted items in Title II, we need you to build out the explanation of your proposal so that the exist ing problem and the proposed solution are clear . In the explanation, you should briefly identify the law or program as it current ly exists; identify the problem (or missed opportunity) that this creates; and explain how we propose to fix it . The explanations should be short, but should provide enough context so that anyone reading it can understand why the proposal is needed and what it will solve or accomplish. A template you could follow is: * Proposal t itle or description * The current law is ________ _ * This creates a problem because ________ * Doing _ w ill address this problem . For example: * Eliminate Major Project oversight requirements for projects t hat are more routine for FHWA and DOTs. 3 CEQ050FY 18091 _ 000000618 CEQ-18-0173-D-000029 0 Currently , Major Project oversight requirements apply to all projects t hat are over $S0Omillion . 0 This adds unnecessary oversight requirements to projects that are rout ine for FHWA and DOTs. o Amending 23 U.S.C. 106{h} to raise the th reshold for Major Projects from $S0OM to $1B will remove unnecessary oversight from smaller, less complex projects that are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal shou ld have enough explanation to make clear w hat currently exists today and how we propose to change it to make it better. Alex Alexander Herrgott Associate Directorfor Infrastructure Council on Environmental Quality 4 CEQ050FY 18091 _ 000000618 CEQ-18-0173-D-000030 This memo lists four categories of actions to improve the efficiency of our nation's transportation system: (1) (2) (3) (4) policy changes , or changes involving guidance, letters of interpretation , or other similar documents that can be amended without notice-and-comment; regulatory changes, often requiring notice-and-comment rulemaking; statutory changes , or changes that necessitate Congressional action; and requests not to finalize , or actions that have been initiated or proposed but that should not be finalized, at least not without significant changes. The agencies included below Executive Departments and Agencies are under the jurisdiction of the Senate Commerce Committee. Potential actions by Independent Agencies are not included. Considering many of transportation modes and service providers subject to the jurisdic tion of the Commerce Committee are predominantly privately funded (e.g., rail, pipelines, equipment manufacturers), many of the changes below involve reducing regulatory burdens on operations . With more efficient operations , regulated entities are better able to invest private funds back in their capital assets - rail, rolling stock, and other infrastructure . A. Policy Changes FRA I Categorical Exclusions (CEs) for Railroad Projects ....... I I FRA () m 0 0 u, 0 "Tl -< ....... (X) 0 ....... .... .... .... .... () m 0 0 0, 0 "Tl -< .... (X) 0 .... .... .... .... <.O Amtrak CEQ-18-0173-D-000039 applies to projects under Tit le 23, such as highway projects, but not railroad projects under T itle 49. FRA Emergency Escape Breathing Apparatus (EEBA) - - The Rail Safety Improvement Act of2008 required the FRA - by February 2011- to issue regulations that require railroads provide an atmosphere -supp lying emergency escape breathing apparatus to the train crew members and other employees while they are occupy ing the locomotive cab of certain fre ight trains . Though FRA issued a proposed rule in 20 I 0, and guidance in 2016, the agency never finalized a rule on this topic, because the costs were likely to vastly exceed the benefits; it has internally concluded that mandate would not be an efficient allocation of resources. Small railroads have raised particular concern with the relative burden on t_}l _e_i_r operations. _ - - - - 49 u.s.c.20166 - Allow voluntary comp liance, consistent with the 2016 guidance issued by FRA; repeal the statutory mandate. - ASLRRA - - D. Requests not to finalize _. 0 () m 0 0 u, 0 "Tl -< _. (X) 0 _. -'- To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 18 May 2017 17:25:09 -0400 Attachments : Changes_SurfaceMM_February2017.docx At tached Patrick Fuchs (52.66 kB) 1- -----Origioal Message----From: Herrgott , Alex H. EOP /CEQ [mailt Sent: Thursday , May 18, 2017 4:54 PM To: Fuchs , Patrick (Commerce) Subject: FW: DOT Request: NEC infrastructure proposal Gi ve me a shout -----Original Message----From: Herrgott , Alex H. EOP/CEQ Sent: Thursday , May 18, 2017 4:51 PM To: 'Dec i, Jen (Banking)' Subject: FW: DOT Request: NEC infrastructure proposal -----Original Mcssagc ----From: Herrgott , Alex H. EOP /CEQ Sent: Thursday , May 18, 2017 4:34PM To: 'j.ray @ dot.go v' <:j.ray@dot.gov > Subject: DOT Request: NEC infrastructure proposal Jimmy , I need you give me a sbout about this. We need belp building out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. Fo r each of the bulleted items in Title 11, we need you to bu ild out the explanation of your proposal so that the existing problem and the proposed solution are clear. In the explanation, you should briefly identify the law or program as it cun-ently exists ; identify the problem (or missed opportunity) that this creates ; and explain how we propose to fix it. The explanations should be short. but should provide enough context so that anyone reading it can understand why the proposal is needed and what it will solve or accomplish. A templa te you could follow is: * Proposal title or description Tbe current law is ________ * _ 1 CEQ050FY 18091 _ 000000624 CEQ-18-0173-D-000042 * * This createsa problembecause________ Doing _ will address this problem. For example: Eliminate Major Projec t oversight requiremen ts for projects that are more routine for FHWA and DOTs. o Currently , Major Project oversight requireme nts apply to all projects that arc over $500 million. o This adds unnecessa ry oversight requirements to proj ects that are routine for FHW A and DOTs. o Amending 23 U.S.C. 106(b) to ra ise t11ethreshold for Major Projects from $500M to$ lB will remove unnec essary oversight from smaller , less complex projects that are routinely managed by FHW A and DOTs. * This fonnat doesn't need to be followed exactly, but each proposalshould have enoughexplanationto make clear what currentlyexists today and bow we propose to change it to make it better. Alex Alexander Herrgott Associate Director for Infras tructure Council on Environmenta l Quali ty 2 CEQ050FY 18091 _ 000000624 CEQ-18-0173-D-000043 This memo lists four categories of actions to improve the efficiency of our nation's transportation system: (1) (2) (3) (4) policy changes , or changes involving guidance, letters of interpretation , or other similar documents that can be amended without notice-and-comment; regulatory changes, often requiring notice-and-comment rulemaking; statutory changes , or changes that necessitate Congressional action; and requests not to finalize , or actions that have been initiated or proposed but that should not be finalized, at least not without significant changes. The agencies included below Executive Departments and Agencies are under the jurisdiction of the Senate Commerce Committee. Potential actions by Independent Agencies are not included. Considering many of transportation modes and service providers subject to the jurisdic tion of the Commerce Committee are predominantly privately funded (e.g., rail, pipelines, equipment manufacturers), many of the changes below involve reducing regulatory burdens on operations . With more efficient operations , regulated entities are better able to invest private funds back in their capital assets - rail, rolling stock, and other infrastructure . A. Policy Changes FRA I Categorical Exclusions (CEs) for Railroad Projects ....... I I FRA () m 0 0 0, 0 'Tl -< ....... (X) 0 N 0, CEQ-18-0173-D-000044 N implied a single cohort of all RRIF loans - a legally dubious outcome harmful to reinvestment. Thus , despite repaying their loans, and receiving their loans in fiscal years in which all other borrowers have repaid , several railroads - mostly small businesses - have had their CRPs tied up at DOT. With a fiscal year cohort definition, over$ I 5 million in CRPs would eligible for refunds and another $25 million in CRPs would be eligible in a shorter period of time. eliminated this requirement going forward .) FRA Section 106 Exemption for Railroad Projects The FAST Act directed the FRA to propose , and the Advisory Council on Historic Preservation (ACHP) to finalize, an exemption from Section 106 review for railroad projects that is similar to the exemption granted for highway projects in 2005. Section 106 is a historic perseveration consultation and analysis process. While FRA has developed its proposal, the ACHP is yet to finalize its exemption , which is due no later than June 2017. Though ACHP is an independent agency , and it has not yet missed any statutory deadline, industry states the finalization of this exemption would be one of the FAST Act's most important provisions to accelerate the delivery of rail infrastructure projects. 49 u.s.c. 24202 Work with the ACHP to finalize the Section 106 exemption for railroad project s AAR, BNSF Railway FRA Wheel lmpact Load Detectors In April 2015 , FRA published a safety advisory recommending adjustments to existing industry thresholds - wheel impact load detector measurements - that help infonn when to repair or replace the wheels of certain tank cars, particularly crude oil and ethanol tank cars. Despite recommending major deviations from established industry practice , FRA did not include any analysis linking its specific thresholds to accident risk reductions, and it did not evaluate potential economic effects. The agency also did not seek public comment. Industry has stated that recommended thresholds, if adopted, would lead to a high proportion of an unnecessary wheel repairs and replacements with minimal safety benefit, and it has stated that the recommended thresholds fail to account for external factors that affect measurements. While the recommended thresholds are not legally -binding, industry is concerned with the liability risk created by the advisory. Safety Advisory 201501 Withdraw the safety ad visory, at least until the agency provides a satisfactor y analysis explaining the recommended thresholds and offers an opportunity for public comment. AAR FRA Hours of Service for Positive Train Control In September 2016, FRA sent to the Association of American Railroads an informal interpretation of its Hours of Service laws as applied to work related to Positive Train Control. The laws only apply to certain categories of employees. Whereas the agency previously interpreted the laws to apply to signal employees [APG] Infonnal interpretation of Hours of Service laws Withdraw the informal interpretation , absent a compel ling legal analysis and evidence of a safety problem addressed in a AAR () m 0 0 u, 0 "Tl -< .... (X) 0 .... N u, CEQ-18-0173-D-000045 completing work directly related to the safe functioning of signal systems, the new infonnal interpretat ion expands coverage to include broader activities generally connected to PTC but not directly related to signal systems (e.g. , replacing displays on locomotives). The agency has not published a detailed legal ana lysis, sought public commen t, or presented any evidence of safety problems addressed by the expanded coverage. Industry is concerned with the cost and practicality the interpretation, particularly when the agency has not presented a case for safety benefits. (49 u.s.c 21101-21109) cost-effective manne r by the interpretation. In the final NMF N, automatically include any critical rural or urban freight corridors designated pursuant to 23 U.S.C. 167, eve n if designations occur after publication of the map. DOT should gran t, or at least substantially consider requests by States for addition of mileage , particularly highway mileage, to the NMFN. Consider revising to allow externa l, visual inspection of gaskets by receiving parties when the manway or other closures are not used during the un loading process. John DeViemo Allow loading/unloading personnel to complete routine tank car procedures. ACC DOTI FHWA Nationa l Multimodal Freight Network In an effort to increase strategic transportation planning and resource al location , the FAST Act required DOT to develop a National Multimodal Freight Network (NMFN) , comprising the Nationa l Highway Freight Network, Class I railroads , inland waterways, and intennodal facilities. DOT released the Interim NFMN in 20 16 and received comments . Many stakeholders would agree that there needs to be mileage additions to the Interim NMFN, particularly highway mileage . Section 8001 of the FAST Act, 49 u.s.c. 70103 PHMSA Manway Gasket Inspections Letter of Interpretation (No. 15-0031 R) concerning 49 CFR 173.3l(d) PHMSA/ FRA Routine Tank Car Procedures In November 2016, PHMSA sent a letter of interpretation that requires offerors of product (i.e. , shippers) for transportation to open a hinged and bolted man way and inspect a manway gasket regardless of whether the offeror used the fitting during loading or unloading. PHMSA did not provide evidence of the safety benefits that would occur from more frequent inspections of unused equipment. Industry states interpretation deviates from established industry practice, and it could create unnecessary wear-and-tear on equipment, wasteful resource expenditures, and car movement delays. DOT staff have communicated to tank car owners that even routine tank car procedures must be performed only at AARcertified facilities. However, many routine procedures (such as stenciling , bolting manways, and tightening valve packing) has been comp leted by loading and unloading person nel. Tank car owners and shippers state that this interpretation severe ly slows down the movement of cars, because it increases the trips to (,.) () m 0 0 0, 0 "Tl -< .... (X) 0 .... N 0, Infonnal guidance interpreting 49 CFR 179.6 ACC [APG] CEQ-18-0173-D-000046 FRA Plant Railroad Exclusion PHMSA Processing of Spec ial Permits and Approvals DOT I BTS Port Metrics ~ () m 0 0 0, 0 "Tl -< .... (X) 0 .... N 0, [APG] CEQ-18-0173-D-000047 However , the first annual report failed to develop any usable metrics . B. Reg ulatory Changes FRA/ PHMSA ElectronicallyContro lled Pneumatic Brak es Requirement Among othe r require ments, the 2015 tank car rule required ECP brakes on certa in trai ns - by 2021 for crude oil trains and 2023 for ethanol trains - despite conce rns that DOT did not have sufficien t ev idence of the brak es' safe ty performan ce in derailment scenari os and did not accurately capture the results of pilot programs . Follow ing the DOT rule , the FAST Act required (1) the GAO to conduct an eva luation ofDOT's analysis of the benefits and costs of ECP brakes and (2) the Na tional Academies of Sciences (NAS) to conduct real-world test ing of ECP brakes in an emergency scenario . Th e GAO found that DOT' s ECP brake rule had sign ificant data limitat ions , lacked transparency, and failed to account for uncertaint y . The NAS first report stated that DOT did not have adequate va lidation of its safety model and failed to account for the lag time of ECP brakes in its model. Further, the NAS stated that DOT failed to ju stify the var iable selecte d in its test plan. After fully incorpor ating these stu dies into an upda ted ana lysis, the Secre tary of Transportation is required to decide whether to uphold the ECP rule within the first year on the jo b. Part of PHM SA2012 -00 82 (HM 25 1). In particular , 174.31 0(a)(3)(ii), l 74.310(a)(3)(iii), 174.31 0(a)(5) (v), 179.20 2-10 , l 79.2 02-12(g), and 179 .202- J 3(i) . Repea l the requirement. Th e evidence to date suggests that th e Secretary wil l not be able to justify the ECP brak es requirement in acco rdan ce with the FAST Act. [fthe Secretary does not publish a j ustifica tion, the FAST Act directs the Sec retary to repeal by Decemb er 4, 20 I 7. AAR (primary ), ASLRRA, RSl, APT, AFPM, IP FRA Training Stan dard s The Rail Safety Impro vemen t Act of2008 requ ired the FRA to set minimum training standard s for each craft of empl oyee working for ra ilroads and railroad contractors and subcontracto rs. FRA has chosen to implemen t th is requirement by man dating exte nsive training plan s and continuous activity for separa te parts of Federal regula tion , and sma ll business organizations representing over 500 sma ll railroads and 200 railroad contracto rs - have had extrao rdinary difficulty und erstanding the needed con tents of plans and getting their draft plans accepte d by FRA. They are at significant risk of missing the May 1, 2017 deadline for mode l plans (i.e., when organizatio ns must get approval for templates that then can be customized by individ ual member small businesses) , and the fa ilure to meet the model plan deadline could lead to sig nificant pressure and b urden on small busi nesses 49 CFR Part 243 Provide additiona l guidance to small busin ess org anizatio n s (i.e., non-C lass l ra ilroads) on the specific con tents of each mod el training plan for eac h craft of emp loyee, and extend the deadline for model plans subm issions unti l the small business ASLRRA, NRCMA (Jl () m 0 0 (Jl 0 ""Tl -< .... (X) 0 .... N (Jl [APG] CEQ-18-0173-D-000048 to meet subsequent deadlines for individual company plans. Class I railroads, with large compliance and training departm ents, are not at risk; the issue is mostly with smaller businesses. FRA System Safety Program The Rail Safety Improvemen t Act of 2008 required the FRA to establish risk reduction programs - structured safety processes to identify and mitigate risk - for Class I railroads, certain small railroads, and railroad carriers that provide interci ty passenger service. FRA has chosen to separate the requirements for freight and passenger railroad s, and the final rule for passenger railroads called the "System Safety Program (SSP) ," published in July 2016 and not yet fully implemented. The major problem with the rule is that it can be interpreted to define States as railroads even if they pay Amtrak or other providers for railroad services but do not operate a railroad. Not only do these States not have the capacity to comply with SSP, the interpretation of States has railroads has major unintended consequences for labor and other laws. FRA has unsuccessfully addressed the issue in guidance documents. 49 CFR Part 270 Amend the rule to specifically acknowledge that the rule does not apply to States or other public entities who ( 1) own - but do not operate railroads or railroad equipment or (2) provide financial support for - but do not operate - intercity passenger rail service States for Passenger Rail Coalition (including Maine , Vermont, North Carolina, Indiana , and California services) FRA Cab Signal Requirements Under current regulation, railroads generally are required to receive FRA approval prior to discontinuing or materially modifying any signal system, including block signal systems, cab signal systems, and train control systems. Though positive train control (PTC) is redundant with existing cab signal systems, FRA has refused to automatically permit railroads to discontinue cab signal systems where PTC is implemented, and the agency has implied that it is inclined to disapprove case-by-case requests. As PTC is fully implemented in the coming years , without a change in policy , railroads would have to spend significa nt resources maintaining an obsolete cab signal system superseded by PTC. More broadly, small railroads have stated that the entire signal system approval process in regulation creates unnecessary paperwork burden and does not materially improve safety , because railroads are still required to follow signal systems rule directly tied to safe operations. 49 CFR Part 235 and 49 CFR 232.205 Limited option: allow the discontinuation of cab signal systems wherePTC is implemented. Bolder option: overhaul signal system approval processes to reduce the number of activities requiring FRA approval. AAR , ASLRRA O> () m 0 0 0, 0 "Tl -< .... (X) 0 organizations have had time to use that guidance to inform their model plans. .... N 0, [APO] CEQ-18-0173-D-000049 FRA Brakes Tes ts: Inte rmediate and When "Off Air" m 0 0 0, 0 "Tl -< .... Intermediate brake tests: 49 CFR 232.207 and 232.213. Brake tests when "off air": 49 CFR 232 .205(a) (3), 232.21 l(a)(S), and 232 .217 ( c)( 1). Consider harmoniz ing intermediate and "off -air" brake test regulations with the less burdensome regulations from Transpor t Canada . AAR FRA Quarte rly Locomotive Inspect ions Under current regulat ion, railroads must cond uct a comp rehens ive l.ocomotive inspec tion every 92 days, withou t factor ing the use, or 184 days in the case of locomo tives with advanced microprocesso r-based monitoring syste ms. Many small railr oads do not operate daily , and they typically operate at lower speeds, over shorter distances, and for less time . Moreover, the industry states that the vast majority of the inspection foc uses on maintenance issues, not core safe functioning of locomot ives. 49 CFR 229 .23 Consider mo difying the regulation to provide relief to sma ll railroa ds that use their locomotives less intens ively. ASLRRA PHMSA Class Location Requirements Class location requirements, which set criteria for allowable operat ing pressure, are redundant and out-of -date, since they have been replace d with more sophisticated integri ty manage ment procedures and inspection methodologies in a 2003 D OT rule for gas pipelines. 49 CFR 192.61 1 INGAA FMCSA Support ing Documentat ion for Hours of Service (HOS) Drivers and motor carriers are required to mainta in support ing documents verifying driver time logs. With the implementation of Electro nic Logging Devices (ELDs), sched uled for December 20 17, there is no need for supportin g documents. ELDs, track driving hours and on and off-duty time far more accurately than paper logs ever cou ld. 49 CFR 395.11 Consider eliminating regula tory overlap, since updated class location requ irements exist in 2003 integr ity manageme nt rule. Repeal the requirement. --I () Under current regu lation, FRA limits the distance a train can travel in between brake tests. Many U.S. tra ins canno t trave l more than 1,000 miles before they are required to have a Class IA brake test (i.e., an intermed iate brake test). Transport Canada, which oversees similar roll ing stock as in the Un ited States, does not impose such limits. In additio n, man y U.S. trains require brake tests when cars have not been connec ted to a source of compressed air (i.e., "off -air") for more than four hours, whereas as Transport Canada somet imes allows more than 24hours before requiring a brake test. Industry states that , especia lly consider ing developments in rolli ng stock technology , FRA has not presented a case that the U.S. regu lat ions mater ially improve safety compared to the Transport Canada regu lations, and the U.S. regulat ions are sign ificantly more burdensome . ATA (X) 0 .... N 0, [APG] CEQ-18-0173-D-000050 NHTSA/ FMCSA Speed Limiting Devices Speed limiters are electronic devices that prohibit a commercial vehicle from exceeding a pre-programed maximum speed. Most commercial trucks already have speed limiters installed, but there is currently no federal requirement that they be used. Some carriers voluntarily set the limiters on vehicles in their fleets to 65 or 68 miles per hour to achieve fuel savings and to reduce the severity of crash incidents. On September 7, 2016, the National Highway Traffic Safety Administration (NHTSA) and FMCSA jointly issued a NPRM, which would require speed-limiting devices to be installed on all newly manufactured multipurpose vehicles, buses, and trucks weighing more than 26,000 pounds and to set the devices to a uniform speed. The NPRM considered 60, 65, or 68 mph as the potential speed limit options. Several industry groups have expressed concerns with the lack of data behind the differentials in speed , Limiting the speed of CMVs may lead to unintended consequences and increase the frequency of passenger vehicles entering the oncoming lane or traffic to pass slower CMVs. 49 CFR 393; 49 CFR 571 NH TSA and FMCSA must consider if this change will increase unsafe passing behavior, especiall y in rural areas with two-lane traffic. C. Statutory Changes (X) U.S. Coast Guard / EPA Commercial Vessel Incidental Discharge (VrDA) Act Currently ballast water discharges and discharges incidental to the I S. I 68 nonnal operation of a vessel are regulated by the Coast Guard, EPA, and states. Thus a vessel transiting through the waters of multiple states will have to comply with a patchwork of regulations. Additionally some states have ballast water discharge regulations which are currently impossible to comply with creating uncertainty and confusion for the industry. S. I 68 would create science-based, national uniform standard for ballast water and incidental discharges which would protect the environment , Jf asked by Congress for views on the legislation , consider supporting. while not nlacing- an undue hurden on industrv . () m 0 0 0, 0 71 -< .... (X) 0 .... N 0, [APG] CEQ-18-0173-D-000051 DOT Formula Allocations FMCSA Motor Carrier Safety Assistance Program (MCSAP) FRA FRA As shown by 83 to 16 vote in favor of the FAST Act, the existing formula shares for States are well-unders tood and supported by Congress . Formula shares can be adapted to any infrastructure funding approach - whether direct spending on existing programs or project-based support . Authorized infrastructure grant programs , such as the highway programs authorized under the FAST Act, have been refined over decades to improve return on investment; they have estab lished planning and oversight components. Importantly, they work for rural areas, which often cannot support transportation infrastructure privately finance d through tolls or other mec han isms. Beginning in FY 2017, the FAST Act consolidates several FM CSA grant programs into two primary grant programs - the MCSAP Basic program and MCSAP High Priority program. However, under the current continuing resolution (P.L. 114-254) funds are being appropriated to FMCSA at FYI 6 levels for programs that are no longer active , significantly underfunding the MCSAP Basic and H igh Priority programs that initiate in FY 17. P.L. 114-94 In any funding bill, including a comprehensive infrastructure plan, ensure support allows each State to benefit in a simi lar prop01tion as its respect ive formula share. Section 5 101 of the FAST Act; 49 u.s.c.31102 To the extent that grants for motor carriers are included in the Pres ident ' s Budget or a funding bill, allocate funds to the MCSAP Basic and High Priority programs as intended under FAST Act authorization FY 17 levels. Consolidated Rail Infrastructure and Safety Improvements (CRIS I) Program The FAST Act authorizes three rail infrastructure grant programs . The CRIS! program , authorized at $230 million for FY 2018, uses cost-benefit analysis principles to select freight and passenger rail projects, and it includes a 25 percent rural set-aside. The FY 2017 Senate Transportation, House and Urban Development appropriations bill would fund this program at $50 million, the most of any rail grant program . Because the governme nt was funded by a Continuing Resolution, these funds were not provided . Of the rail grant programs , it has the broadest eligib ility and geograp hic scope and best prioritizes cost -effective projects. Section 11102 of the FAST Act; 49 U.S.C. 24407 To the extent that grants for rail infrastructure are included in the President's Budget or a funding bill, allocate most rail grant funds to the CRlS I program. Advance acquisition For some types of projects , the Moving Ahead for Progress in the 21st Century Act (MAP-21) allowed, with various conditions , the acquisition of certain property interests prior to the completion of the Nat ional Environmental Policy Act review for the full project. This authority expedites property acquisition that is often essential for prnject development, saving time and money. However, it [APG] 23 U .S.C. 108 Apply modified and expanded version of the advance acquisition framework to rai l projects . <.O () m 0 0 0, 0 "Tl -< .... (X) 0 .... <.O 'o 0 0 0 0 0 O> N 0, Amtrak CEQ-18-0173-D-000052 applies to projects under Tit le 23, such as highway projects, but not railroad projects under T itle 49. FRA Emergency Escape Breathing Apparatus (EEBA) - - The Rail Safety Improvement Act of2008 required the FRA - by February 2011- to issue regulations that require railroads provide an atmosphere -supp lying emergency escape breathing apparatus to the train crew members and other employees while they are occupy ing the locomotive cab of certain fre ight trains . Though FRA issued a proposed rule in 20 I 0, and guidance in 2016, the agency never finalized a rule on this topic, because the costs were likely to vastly exceed the benefits; it has internally concluded that mandate would not be an efficient allocation of resources. Small railroads have raised particular concern with the relative burden on t_}l _e_i_r operations. _ - - - - 49 u.s.c.20166 - Allow voluntary comp liance, consistent with the 2016 guidance issued by FRA; repeal the statutory mandate. - ASLRRA - - D. Requests not to finalize _. 0 () m 0 0 0, 0 "Tl -< _. (X) 0 N 0, [APG] CEQ-18-0173-D-000053 PHMSA Gas Transmission Pipelines -'-'- oil, potentially creating higher vapor pressure or volatility . Indu stry for PHMSA to wait for the results of a crude oil character istics study currently underway at Sandia National Laboratory which is expected to be completed by late 2017 or early 2018 . Initial findings from Sand ia has identified limitations and opportunities with the current state of scientific knowledge on vapor pressure and risk . Extends reporting requirements to rural gathering and gravity lines, expands leak detection system requirements and integrity management (IM) practices to pipeline segments outside of highconsequence areas (HCAs) , extends reporting requirements to gathering lines , and requires all pipelines in HCAs accommodate inline inspection tools. deciding whether to take further action. 82 FR 20722 Do not final ize. Consider revising the NPRM to incorporat e performance-based criteria and utilize industry best practices (such as API RP 80) to address issues . API Acronyms : AAR - Association of American Railroads; ACC -American Chemistry Council; AFPM -American Fuel and Petrochemical Manufacturers; ATAAmerican Transportation Associations; API - American Petroleum Institute ; ASLRRA - American Short Line and Regional Railroad Association; A WO American Waterway Operations; CYSA - Commercial Vehicle Safety Alliance; IP - Interested Parties (a coalition of hazardous materials companies); NRCMANational Association of Railroad Construction and Maintenance Association; RSI - Railway Supply Institute. () m 0 0 0, 0 71 -< -'(X) 0 N 0, [APO] CEQ-18-0173-D-000054 Re: DOT Request:NEC infrastructure proposal From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7 ce 1ebaef28486db 7e 75a45c19c9813-herrgott, a"> To: "Fuchs , Patrick (Commerce)" Date: Fri, 19 May 2017 17:09:02 -0400 Sent from my iPhone On May 18, 2017 , at 6:25 PM , Fuchs , Patrick (Commerce ) wrote: And here are some the streamlin ing and financing changes from the list sent by Adrian. These are not as wild as the ideas just sent. FRA Categorical Exclusions (CEs) for Railroad Projects As directed by the FAST Act, in June 2016, FRA published a notice proposing two new CEs concerning geotechnical investigations and refinancin g activities from review under the National Environmenta l Policy Act. CEs are actions that generally do not necessitate an environmental assessment or environmental impact statement. FRA received public comment for eight additional CEs that are applicable to highway projects but not for rail projects (e.g., installation of fencing, shelters, warning devices where no substantial land acquisition or traffic disruption occurs). It also received comment to modify and expand two existing CEs concerning limited maint enanc e and rail line 81FR 35437 (2016 not ice); 78 FR2713 (2013 notice setting out a list of CEs). Note: FRA lists its CEs in policy guidance . Expand the CEs for rail projects to include the CEs applicable to other modes and to incorpora te other suggestions from public commenters. AAR CEQ050FY18091_000000158 CEQ-18-0173-D-000055 addition activities. To date, FRA has not finalized the two proposed CEs, eight suggested additions, or two suggested modifications. Industry points out that the limited list of CEs for rail, compared to highways , adds unnecessary time and cost to rail infrastructure projects. FRA RRIF Cohorts The Railroad Rehabilitation and Improvement Financing (RRIF) program collects credit risk premiums (CRPs) from borrowers to offset the risk of direct loans. A CRP is a surcharge based on a borrower ' s creditworthiness. DOT is required to refund CRPs, minus any losses, when all of the loans in a cohort are repaid. The problem is that, over the life of the RRIF program, DOT has failed to define a cohort, so no borrower has received a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than defining cohort as all loans in a fiscal year, a definition consiste nt with regulations and legislative intent, DOT's failure to act bas implied a single cohort of all RRIF loans - a legally dubious outcome harmful to reinvestment. Thus, despite repaying their loans, and receiving their loans in fiscal years in which all other borrowers have repaid, several railroads - mostly 2 45 U.S.C . 822, prior to enactment of the FAST Act. (Note: the loans eligible for a refund were provided prior to the FAST Act, which eliminated this requirement gomg forward.) Define RRIF cohorts on a fiscal year basis, facilitating refunds and enabling private capital reinvestme nt. Chambers , Conlon & Hartwell , on behalf of NRCMA and ASLRRA CEQ050FY18091 _000000158 CEQ-18-0173-D-000056 small businesses - have had their CRPs tied up at DOT. With a fiscal year cohort definition , over $15 million in CRPs would eligible for refunds and another $25 million in CRPs would be eligible in a shorter period of time. FRA FRA Sectio n 106 Exemption for Railroad Projects The FAST Act directed the FRA to propose , and the Advisory Council on Historic Preservation (ACHP) to finalize, an exemption from Section 106 review for railroad projects that is similar to the exemption granted for highway projects in 2005. Section 106 is a historic perseveration consultation and analysis process. While FRA has develope d its proposal , the ACHP is yet to finalize its exemption , which is due no later than June 2017. Though ACHP is an independent agency, and it has not yet missed any statutory deadline, industry states the finalization of this exemption would be one of the FAST Act's most important provisions to accelerate the delivery of rail infrastructure projects. 49 U.S.C. 24202 Work with the ACHP to finalize the Section 106 exemption for railroad projects Advance acquisition For some types of projects , the Moving Ahead for Progress in the 21st Century Act (MAP-21) allowed, with various conditions , the acquis ition of certain property interests prior to the completion of the National Environmental Policy Act review for the full project. 23 U.S.C. 108 Apply modified and expanded version of the advance acquisit ion framework to rail projects . 3 AAR, BNSF Railway Amtrak CEQ050 FY18091_000000158 CEQ-18-0173-D-000057 This authority expedites property acquisition that is often essent ial for project development , saving time and mon ey. How ever, it appli es to projects und er Title 23 , such as highway projects , but not railroad projects under Title 49. PatrickFuchsI From : Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 6:13 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject: FW: DOT Request: NEC infrastructure proposal Some ideas for t he buckets I mentioned (some of which are wi ld, some of which I don't necessarily support) -- 1. RRIF (about $30 billion in unused loan authorit y): o Loan terms. You could extend the potentia l loan te rm w indow from 35 to SO years . (45 USC 822g) o Master credit agreements. You could ame nd the master credit agreement subsection (45 USC822m), so t hat the t rigger for payback of each of the loans in t he master credit agreement is five years from the dat e of su bstantia l comple t ion of t he last project in the agreement Right now, under 822j, it's the date of substantial completion of the project, not the last project in an agreement. This is a bit wild and out t here, and I' m not sure I fully agree with it. But let's say you financed some of Gateway w ith a RRIFloan master credit agreement that included the tunnels and the stat ion. Under this, the loan wou ldn't pay back until the last project {the stat ion) was comple t e. You might finish the tunnels in 2022 and the station in 2027, so your payback for bot h starts in 2032. On some level, this makes sense, because you don't get the ful l operational benefits (going from two to four tracks in NYC) until all projects are complete. It would be a huge boon to big related projects to essentially delay payment until many years down the line. o Enviro/procurement law. As you know, a big hurdle for the program is the applicability of NEPA, Buy America, and other Federal procurement laws. The NEPA process generally must be complete before consideration of a loan . Understanding that you may not be able to do anything on Buy America, it may be good if the loans were treated more like private sector money for t he purposes of environmental and other procurement law . o CRPfunding. I think you already hit on subsid izing credit risk premiums for RRIF loans. 4 CEQ050FY 18091 _ 000000158 CEQ-18-0173-D-000058 o Loan guarantees at the lender level. Many folks on our side won't like this, but some people have suggested using the loan guarantee aspect of RRIF more often. If you were to get wild, you could use the loan guarantee to back approved rail lenders, who would then provide Federally-backed loans. You could focus on the lender and set requirements for the lender, instead of a Federal decision on each loan. This would eliminate some of the hassle of going through the Federal process, and it is similar to how some other agencies subsidize loans . 2. Amtrak (about $1.4 billion) o Long distance route corridors. We spend about $700 million on long distance route (over 750 miles), and states pay-in almost nothing. It's about half of the total Amtrak subsidy, and it's only 15 percent of riders. Meanwh ile, state-supported routes (under 750 miles) are half the riders, and the Federal government pays very little. You could set-up long distance route corridors (all the states in a route) and require benefit ing states to pay-in SO percent to fund their long distance routes . This would draw -in more money to the system . If you wanted to, you could provide an out, so states along a route could vote to receive block grants for investment instead of long distance service . We'd need to think through the federalism issues. o Intercity passenger transportation grants . Instead of the $700 million on long distance service, you coul d block grant it with state/local match requirements. States may choose to subsidize bus service and serve more people . As I have mentioned to you before , you'd need to al locate some of the money to pay la bar severance and other trans it ional costs. o Competition. You could issue the final rule allowing alt ernative passenger rail carriers {e .g., Herzog) to compete for Amtrak long distance routes if they can provide the same level of service for 90 percent of the costs or less. 3. Grant programs (about $98 million) o Federal-state partnership match. Shuster's bill had the Federal match at SO percent, and the final bill had it 80 percent. Considering that Amt rak wou ld be matching, and could draw money in from commuter railroads {indirectly or directly ), I suppose a 50 percent match could leverage more investment. This is small ba ll though - the program is $25 million , and it's probably not worth any quest ions from those in the NE. 4. Tax o 45G. As discussed, you could make this permanent. Patrick Fuchs I -----Original Message----From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 S:2S PM 5 CEQ050FY18091_000000158 CEQ-18-0173-D-000059 To: ' Herrgott, Alex H. EOP/CEQ' Subject: RE: DOT Request: NECinfrastructure proposal > Attached Patrick Fuchs I -----Original Message----From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Thursday, May 18, 2017 4 :54 PM To: Fuchs, Patrick (Commerce) Subject: FW: DOT Request: NEC infrastructure proposal Give me a shout -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4 :51 PM To: 'Deci, Jen (Banking)' Subject: FW: DOT Request: NEC infrastructure proposal -----Origina l Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:34 PM To: ' j.ray@dot.gov ' <1.@y@dot.gov> Subject: DOT Request: NECinfrastructure proposal Jimmy, I need you give me a shout about this. We need help building out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. For each of the bul leted items in Title II, we need you to build out the explanation of your proposal so that the existing problem and the proposed solution are clear. In the explanation, you should briefly identify the law or program as it currently exists; identify the problem (or missed opportunity) that this creates; and explain how we propose to fix it. The explanations should be short, but should provide enough context so that anyone reading it can understand why the proposal is needed and what it will solve or accomplish. A templa te you could follow is: * Proposal title or descriptio n The curren t law is * --------This creates a problem because ________ * 6 _ CEQ050FY 18091 _ 000000158 CEQ-18-0173-D-000060 * Doing ______________ will address this problem . For example: * Eliminate Major Project oversight requirements for projects that are more routine for FHWA and DOTs. Currently, Major Project oversight requirements apply to all projects that are over 0 $500 mi llion. This adds unnecessary overs ight requiremen t s to projects that are routine for FHWA 0 and DOTs. o Amending 23 U.S.C.106(h) to raise the thresho ld for Major Projects from $500M to $18 will remove unnecessary oversight from smaller, less com plex projects t hat are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal should have enough explanat ion to make clear what currently exists today and how we propose to change it to make it better . Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 7 CEQ050FY18091_000000158 CEQ-18-0173-D-000061 Re: DOT Request:NEC infrastructure proposal From: To: "Fuchs, Patrick (Commerce)" Date: Fri, 19 May 2017 17:09:01 -0400 Sem from my iPhone On May 18, 2017 , at 6:25 PM, Fuchs, Patrick (Commerce) wrote: And here are some the streamlining and financing changes from the list sent by Adrian . These are not as wild as the ideas just sent. FRA Categorical Exclusions (CEs) for Railroad Project s As directed by the FAST Act, in June 2016, FRA published a notice proposing hvo new CEs concerning geotechnical investigations and refinancing activities from review under the National Environmental Policy Act. CEs are actions that generally do not necessitate an environmental assessment or environmental impact statement. FRA received pub lic conm1ent for eight additional CEs that are applicable to highway projects but not for rail projects (e.g., installation of fencing, shelters, warning devices where no substantial land acquisition or traffic disruption occurs). lt also received comment to modify and expand two existing CEs concerning limited maintenance and rail line addition activities . To date, FRA has not 1 81 FR 35437 (2016 notice); 78 FR2713 (2013 notice setting out a list of CEs). Note: FRA lists its CEs in policy guidance. Expand the CEs for rail projects to include the CEs applicable to other modes and to incorporate other suggestions from public comm enters. AAR CEQ050FY 18091 _ 000000306 CEQ-18-0173-D-000062 finalized the two proposed CEs, eight suggested additions, or two suggested modifications. Industry pain.ts out that the limited list of CEs for rail, compared to highways , adds unnecessary time and cost to rail infrastructure projects. FRA RRIF Cohorts The Railroad Rehabilitation and Improvement Financing (RRIF) program collects credit risk premiums (CRPs) from borrowers to offset the risk of direct loans. A CRP is a surcharge based on a borrower's creditworthiness. DOT is required to refund CRPs , minus any losses , when all of the loans in a cohort are repaid. The problem is that, over the life of the RRIF program , DOT has failed to define a cohort , so no borrower has received a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than defining cohort as all loans in a fiscal year , a definition consistent with regulations and legislative intent, DOT's failure to act has impl ied a single cohort of all RRlF loans - a legally dubious outcome harmful to reinvestment. Thus , despite repaying their loans , and receiv ing their loans in fiscal years in which all other borrowers have repaid, several railroads - mostly small businesses - have had their CRPs tied up at 2 45 U.S.C. 822, prior to enactment of the FAST Act. (Note: the loans eligible for a refund were provided prior to the FAST Act, which eliminated this requirement gomg forward.) Define RRIF cohorts on a fiscal year basis, facilitating refunds and enabling private capital reinvestment. Chambers , Conlon& Hartwell , on behalf of NRCMA and ASLRRA CEQ050FY18091_ 000000306 CEQ-18-0173-D-000063 DOT. With a fiscal year cohort definition , over $15 million in CRPs would eligible for refunds and another $25 million in CRPs woul d be eligible in a shorter period of time. FRA Section 106 Exemption for Railroad Projects The FAST Act directed the FRA to propose , and the Advisory Council on Historic Preserva tion (ACHP) to finalize , an exemption from Section 106 review for railroad projects that is similar to the exemptio n granted for highway projects in 2005. Section I 06 is a historic perseveration consultation and analysis process. While FRA has develope d its proposal , the ACHP is yet to finalize its exemption, w hich is due no later than June 20 17. Though ACHP is an independent agency, and it has not yet missed any statutory deadline, industry states the finalization of this exemption would be one of the FAST Act's most important provisions to accelerate the delivery of rail infrastructure projects. 49 U.S.C. 24202 Work with the ACHP to finalize the Section 106 exempti on for railroad projects AAR , BNSF Railwa y FRA Advance acquisition For some types of project s, the Moving Ahead for Progress in the 21st Century Act (MAP-21) allowed, with various conditions , the acquis ition of certa in property interests prior to the completion of the National Environmental Polic y Act review for the full project. This authority expedites property acquisition that is 23 U.S.C. 108 Apply modified and expanded version of the advance acquisit ion framework to rail projects. Am trak 3 CEQ050FY18091_ 000000306 CEQ-18-0173-D-000064 often essent ial for project development, saving time and money. How ever, it applies to projects under Titl e 23, such as highway proj ects , but not railroad projects under Title 49. Patrick FuchsI From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 6:13 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject: FW: DOT Request: NEC infrastructure proposal Some ideas for the buckets I mentioned (some of which are wild, some of which I don't necessarily support) -- 1. o RRIF (about $30 billion in unused loan authority): Loan terms . You could extend the potentia l loan term window from 35 to 50 years. (45 USC 822g) o Mastercreditagreements. You could amend the master credit agreement subsection (45 USC822m), so that the t rigger for payback of each of the loans in the master credit agreement is five years from the date of substan t ial completion of the last project in the agreement Right now, under 822j, it' s the date of substantial completion of the project, not the last project in an agreement. This is a bit wild and out t here, and I' m not sure I fully agree with it. But let's say you financed some of Gateway w ith a RRIFloan master credit agreeme nt that included the tunnels and the stat ion. Under this, the loan wou ldn' t pay back until the last project (the st ation) was comple t e. You might fin ish the tunnels in 2022 and the station in 2027, so your payback for both starts in 2032. On some level, this makes sense, because you don't get the full operational benefits (going from two to four tracks in NYC) until all projec ts are complete . It would be a huge boon to big related projects to essentially delay payment until many years down the line. o Enviro/procurement law. As you know, a big hurdle for the program is the applicability of NEPA, Buy Ame rica, and othe r Federal procurement laws. The NEPA process generally must be complete before consideration of a loan. Understanding that you may not be able to do anything on Buy America, it may be good if the loans were treated mo re like private sector money for t he purposes of environmental and other procurement law. o CRPfunding . I think you already hit on subsid izing credit risk premiums for RRIF loans . o Loan guarantees at the lender level. Many folks on our side wo n't like t his, but some people have suggested using the loan guaran tee aspect of RRIF more often. If you were to get wild, 4 CEQ050FY 18091 _ 000000306 CEQ-18-0173-D-000065 you could use the loan guarantee t o back approved rail lenders, who would then provide Federally-backed loans. You could focus on the lender and set requirements for the lender, instead of a Federal decision on each loan. This would eliminate some of the hassle of going through the Federal process, and it is similar to how some other agencies subsidize loans. 2. Amtrak (about $1.4 billion) o Long distance route corridors. We spend about $700 million on long distance route {over 750 miles), and states pay-in almost nothing . It's about half of the to tal Amtrak subsidy, and it's only 15 percent of riders. Meanwh ile, state-supported routes {under 750 miles) are half the riders, and the Federal government pays very little. You could set-up long distance route corridors (all the states in a route) and require benefit ing states to pay-in 50 percent to fund their long distance routes. This would draw-in more money to the system. If you wanted to, you could provide an out, so states along a route could vote to receive block gra nts for investment instead of long distance service . We'd need to think through the federalism issues. o Intercity passenger transportation grants. Instead of the $700 million on long distance service, you could block grant it with state/local match requirements. States may choose to subsidize bus service and serve more people. As I have mentioned to you before , you'd need to allocate some of the money to pay labor severance and other trans it ional costs. o Competition. You could issue the final rule allowing alternative passenger rail carriers (e .g., Herzog) to compete for Amtrak long distance routes if they can provide the same level of service for 90 percent of the costs or less. 3. Grant programs (about $98 million) o Federal-state partnership match . Shuster's bill had the Federal match at 50 percent, and the final bill had it 80 percent . Considering that Amt rak wou ld be matching, and could draw money in from commuter railroads {indirectly or directly ), I suppose a 50 percent match could leverage more investment. This is small ball though - the program is $25 million, and it's probably not worth any quest ions from those in the NE. 4. Tax o 45G. As discussed, you could make this permanent. Patrick Fuchs I -----Origina l Message----From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 5:25 PM To: ' Herrgott, Alex H. EOP/CEQ' Subject: RE: DOT Request: NEC infrastructure proposal 5 CEQ050FY 18091 _ 000000306 CEQ-18-0173-D-000066 Attached Patrick Fuchs I -----Original Message----From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Thursday, May 18, 2017 4:54 PM To: Fuchs, Patrick {Commerce) Subject: FW: DOT Request : NEC infrastructure proposal Give me a shout ----- Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4 :51 PM To: 'Deci, Jen (Banking)' Subject: FW: DOT Request : NEC infrastructure proposal -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thur sday, May 18, 2017 4 :34 PM To: ' j.ray@dot .gov ' Subject: DOT Request : NEC infrastructure proposal Jimmy, I need you give me a shout abou t this . We need help building out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. For each of the bul leted items in Title 11,we need you to build out the explanation of your proposal so that the ex isting prob lem and the proposed solution are clear . In the explanation, you should briefly identify the law or program as it cu rrently exists; identify the problem (or missed opportunity) that this creates; and explain how we propose to fix it. The explanations should be short, but should provide enough context so that anyone reading it can unde rstand why the proposal is needed and what it will solve or accomplish . A template you could follow is: * Proposal title or descrip t ion * The current law is --------* This creates a problem because ________ Doing * _ will address this problem. For example: 6 CEQ050FY 18091 _ 000000306 CEQ-18-0173-D-000067 * Eliminate Major Project oversight requirements for projects that are more routine for FHWA and DOTs. Currently, Major Project oversight requirements apply to all projects that are over 0 $500 mi llion. This adds unnecessary oversight requirements to projects that are routine for FHWA 0 and DOTs. o Amending 23 U.S.C. 106(h) to raise the thresho ld for Major Projects from SS0OM to $1B will remove unnecessary oversight from smaller, less complex projects that are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal should have enough explanation to make clear what current ly exists today and how we propose to change it to make it better. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 7 CEQ050FY 18091 _ 000000306 CEQ-18-0173-D-000068 Re: Messagefrom "RNP439A35" From: "Forbes, Andrew (lnhofe)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 19 May 2017 11:55:58-0400 Got it. Steel trap. Thanks man. Sent from my iPhone > On May 19, 2017, at 11:54 AM, Herrgott, Alex H. EOP/CEQ > > Keep these close. > > Do your talking points off the Fact Sheet > > Current system isn't working ...leverage/self-help is real. > > -----Original Message----> from [mailt > Sent: Friday, May 19, 2017 11:33 AM > To: Herrgott, Alex H. EOP/CEQ > Subject: Message from "RNP439A35" wrote: > > This E-mail was sent from "RNP439A35" (9090). > > Scan Date: 05.19.2017 11:33:26 (-0400) > Queries to: > <20170519113326266.pdf> > 1 CEQ050FY18091_000000611 CEQ-18-0173-D-000069 Re: POTUS event in CinncyJune 7th From: "Maxson, Philip (McConnell)" To: "Marshall, Hazen (McConnell)" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 30 May 2017 09:52:49 -0400 and am glad to catch up. Hi, Alex - I just tried your numberbelow. I am at l hope you are doing well, Phil Sent from my iPbone > On May 30 , 2017 , at 8:32 AM , Marshall, Hazen (McConnell) wrote: > > Connectingyou with new chief of staff extraordinaire Phil. > > >> Ou May 30 , 2017 , at 9:25 AM, Herrgott,Alex H. EOP/CEQ wrote: >> >> Are you around. >> >> Need to talk aboutKentucky contactsto participate. >> >> Alex >>>> >> -----Original Message--- ->> From: Herrgott , Alex H. EOP/CEQ >> Sent: Friday , May 26, 2017 1:20 PM >> To: hazen_marshall @mcconuell.senate.gov >> Subject: Got a second ? >> >> >> Sent from my iPhone >> 1 CEQ050FY 18091 _ 000000567 CEQ-18-0173-D-000070 Re: MorningTransportation, presentedby DeltaAir Lines:The infrastructure week remix- Who'sin, outof Trump'sATC planCommuterrailroadsto huddleon PTC progress From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c7ce 1ebaef28486db 7e 75a45c19c9813-herrgott , a"> To: "Arnakis , Adrian (Commerce)" Date: Mon, 05 Jun 2017 09:05:39 -0400 Not yet. Seutfrom my iPhone On Jun 5, 2017, at 8:58 AM, Amakis , Adrian (Cmmnerce) wrote: Any specifics on what the POTUSmight say about rural infrastructure that you can share with your favorite rural infrastructure supporter? He'll make a speech highlighting rural infrastructure Wednesday along the Ohio River From: POLITICOPro Transportation [mailto:pol it icoemai l@po lit icopro.com ] Sent: Monday, June 5, 2017 5:43 AM To: Arnakis, Adrian (Commerce) Subject:Morning Transporta t ion, presented by Delta Air Lines: The infrastructure week remix Who's in, out of Trump's ATC plan - Commuter railroads to huddle on PTC progress By Lauren Gardner and Tanya Snyder I 06/05/2017 05:41 AM EDT With help from Stephanie Beasley and Daniel Lippman TIDS IS THE REMIX: ... to Infrastructure Week, everyone. The White House announced Saturday it's kicking off its own week of infrastructure festivities , starting with "legislative principles" President Donald Trump will sign today outlining his vision for Congress to split air traffic control operat ions away from the FAA , your MT co-host reports for Pros. House Transportat ion Committee Cha irman Bill Shuster (R-Pa.) , whose ATC spinoff legislation is the basis for the White House plan, is expected to join Trump for the White House announcement today, and your Pro Transportation scribes have some early details. The principles: Our Kathryn A. Wolfe snagged a GBPQQY of the White House principles , which called Shuster's 2016 bi ll a "good foundation" that needs improvement and indicated the administration will back any effort that hews to myriad concepts pertaining to fees, CEQ050FY18091 _000000104 CEQ-18-0173-D-000071 governance, labor and national security. The document also states that "the new entity 'must maintain access and services to rural communities and general aviation users' but doesn't outline how, beyond that DoD , diplomatic and public safety aircraft will be exempt from any fees," Kathy reports . The principles, again: Your MT co-host obtained another GBPQQY._ ofthe principles late Sunday containing more details on the administrat ion's expectations for military access and its ideal makeup of the board that would oversee the new ATC body. The administration's proposal would give commercial airlines two seats on the board, as opposed to the four they commanded under Shuster's 20 16 bill. The controllers' and pilots' unions would be represented by two seats, while general aviation and airport s would each get a seat. The government would have two representati ves. Those eight members would choose a CEO and then select four independent members to round things out. WHO'S IN/OUT: No thing in either document suggests that general aviation users will be exempt from whatever fee structure the new governing body would set - and that more than likely means general aviation groups won't get behind Trnmp's plan . However, it appears to include the principles that the National Air Traffic Controllers Association required to support Shuster's bill, primarily that they will essentially be able to retain their current pay and benefit strncture under the new plan (which the unjon stressed to The New York Times must be a nonprofit entity for their support to remain steady). That spells, essentially , much the same battle lines as have already been drawn , assuming other tweaks the White House outlines aren't enough to sway either side. Lines in the sand: That all means the White House will have to court the myriad interest groups that have painted their own bright lines since Shuster began his effort in earnest. General aviation groups don't want user fees asse ssed against their usage of national airspace , and have worried about their representation on the board. National Economic Counci l Director Gary Cohn said Friday the administration will embrace user fees in lieu of the current excise tax system, but didn't get into specifics. Rural airports want to be sure they can maintain service; Cohn vowed that they and GA pilots would be "protected" under the overhaul. Wait, there's more: The makeup of the corporation's board is another major item to watch as aviation interests digest the administration's position. Shuster's 2016 bill would have given commercial airlines and their allies in labor the greatest share of board seats, a proposal that didn't sit well w ith many . Democrat s have made a stink about the Pentagon not getting any representation on the board when DoD plays a significant role in monitorin g U.S. airspace , and Trump's respect for the military is well-known. But any tinkering to its makeup could threaten the buy-in Shuster bad previously won from hls coalition of supporters - though key pla yers like Senate Commerce Chairman John Thun e (R-S.D.) have already said changes must be made to the earlier iteratio n of the legislation to convince members with significant interests in the GA community to back any major ATC changes. Not to be outdone: Throughout the week , Trump will hlghlight his vision for other transportation modes like roads , rail and inland waterways. He'll make a speech highlighting rural infrastrncture Wednesday along the Ohio River and will visit DOT headquarters on Friday to talk about the federal permitting process. 2 CEQ050FY18091 _000000104 CEQ-18-0173-D-000072 WELCOME TO MONDAY: Thanks for tuning in to POLITICO's Morning Transportation , your daily tipsheet on alJ things trains, planes , automobiles and ports. Send us tips, feedback and lyrics to tsnyder@politico.com or @TSnyderDC and lgardner@polit ico.com or @Gardner LM . "They say, walking women home is a thing of the past / Women want to ride and ride around in class I Some like Cadillacs, boys, some like Fords / Some like anything as long as it rolls ." (h/t John Edwards , Norfolk Southern Corporation) Want to keep up with MT's song picks? Follow our Spotify playlist. WILL DEMS PLAY BALL? Democrats' outrage over the Trump administration's decision to stonewa ll lawmakers' requests for informat ion unless they come from committee or subcom.mjttee chairmen could make them less eager to work with the administration on infrastructure , reports John Bresnahan. PTC HELP WANTED: The American Public Transportation Association is holding an allday meeting Wednesday with commuter railroads , FRA and congressional staff "to share lessons learned that will help commuter rail systems implement the federally mandated positive train control installation deadline ," per a spokeswoman. DOT just announced a slew of grants to railroads to help them with PTC implementation by the end of 2018, but some commuter lines are lagging behind their counterparts to the point where FRA officials don't expect all of them to hit enough milestones to even qualify for a limited extensio n up to 2020 allowed under the law. The latest numbers: FRA published the first quarter 2017 statistics on PTC implementation Friday, and passenger railroads are still inching along compared to freight carriers responsible for a far greater share of route miles and locomotives . The number of passenger route miles in PTC operation even declined a percentage point between the first quarter of2017 and the last quarter of 2016, due to some track being taken offljne. What they're saying: Grant recipients MT reached said they would either meet the 2018 deadline outright (though some hedged and said they expect to), or hit enough of the benchmarks to qualify for additional time. Many commuter lines have had a harder time complying with the requirement due to cost and resource constraints, wh ich is why Congress authorized and appropriated nearly $200 million in grants for them to get the technology installed. But others - like Metrolink in Southern California and Philadelphia's SEPTA stayed well ahead of the deadline and are close to having their systems certified, leaving some wondering why other big-city systems like Chicago' s Metra and Boston's Massachusetts Bay Transportation Authority are straggling. What they'll say: Congressional staff isn't expected to have much appetite for entertaining more wiggle room for railroads , though keep in mind we're still a year and a half away from the cutoff. FRA's band s are pretty tied tmder the law, and Obama-era Administrator Sarah Fe inberg threatened noncompliant railroads with daily fines if they chose to flout the mandate's original 2015 deadline. But before Congress granted the extension , railroads had warned lawmakers of an unprecedented halt to inter state commerce that would occur under the status 3 CEQ050 FY18091 _000000104 CEQ-18-0173-D-000073 quo, as most would likely decide to stop operating altogether rather than taking on the liability of breaking the law. It'll be a tough sell to get Congress to provide more relief , given the structure of the current deadline and the progress made by some major commuter agencies. ** A message from Delta Air Lines: Our daily briefing: At Delta we're constantly innovating to make your travel smoother. We tapped RFID technology to keep your bags in check at all times. Giving you more peace of mind from check-in to baggage claim. Learn more: delta.com/dca ** THE WEEK AHEAD: Monday - Trump signs legislative principles on an air traffic control overhaul at the White House. NHTSA kicks off a weeklong conference in Detroit on vehicle safety developments. Transportation Secretary Elaine Chao is expected to attend. Tuesday - Homeland Security Secretary John Kelly will testify before the Senate Homeland Security and Governmental Affairs Committee on the department's fiscal 2018 budget request. The National Air Transportation Association holds its annual Aviation Business Conference , and association members will meet with Senate offices to discuss the upcoming FAA reauthorization. Wednesday - Chao will appear before the Senate Commerce Committee to testify on FAA reauthorization. Later that evening , she will deliver remarks at a dinner hosted by the Competitive Enterprise Institute. The House Transportation Subcommittee on Coast Guard and Maritime Transportation will hold a hearing on the Coast Guard's air, land and sea capabilities. Thursday - Chao will testify before the House Transportation Committee on the FAA reauthorization. Senate Commerce holds a hearing to consider executive branch nominees , including Derek Kan to be undersecretary of transportation for policy and Robert Sumwalt to be member and vice chairman of the National Transportation Safety Board. The Hudson Institute hosts an infrastructure event featuring Sen. John Boozman (R-Ark.) and Virginia Transportation Secretary Aubrey Layne. Friday - Trump will be at DOT to announce more details on his infrastructure plan. FM CSA PUTS BRAKES ON CRASH COMPENSATION HIKE: Bus and truck groups are celebrating the Federal Motor Carrier Safety Administration's decision to withdraw an advanced notice of proposed rulemaking that would have raised insurance requirements for buses and trucks so that they match the rising costs of medical care. As our Stephanie Beasley reports for Pros, the agency announced Friday that it would withdraw the proposal , saying that it did not have sufficient data to support the change. The Owner-Operator Independent Drivers Association quickly issued a statement celebrating the demise of what they considered a "potentially devastating regulation" for small truck companies. The American Bus Association agreed, saying individual companies can best determine what level of insurance is appropriate. WHO'S MINDING THE MINDERS? The FAA's system for training and evaluating check pilots - those that oversee and evaluate the commercial pilots - isn't working , says a report released Friday by DOT's Inspector General. The IG estimates that the FAA can't verify that 4 CEQ050FY18091 _000000104 CEQ-18-0173-D-000074 204 of 3,334 check pilots received mandatory training or reviews by an FAA inspector. Further , the people who oversee check pilots are also not being properly authorized , with the FAA unable to prove the proper train ing and observation of as many as 41 percent of them between 2011 and 2015. Check pilots are also failing to meet requirements for recurring training and observation. Tanya has more for Pros. READ 'EM AND WEEP: FTA posted a bunch of WMA T A's safety inspection data and corrective action plans on line Friday. FTA has had direct safety oversight of WMA TA since October 2015 and makes no bones about the fact that it's looking forward to being rid of it though first , Virginia , Maryland and the District of Columbia have to build a State Safety Oversight Program that complies with federal guidelines , someth ing FT A has complained is taking too long. Inspection reports , SafeTrack data , overs ight reports and more are now availab le for the viewing pleasure of transit nerds and masochists. POST-TURKEY DAY DELAY: FRA has delayed its system safety rule for passenger railroads for another six months , the agency annou nced late Friday in a pre-publication notice in the Federal Register. The agency says it needs the longer window to review petitions for reconsideration; some state DOTs that sponsor rail service have expressed concern that they're considered "railroads" responsible for developing risk reduction plans under the rule when they don't actually operate trains. MT MAILBAG: Thune and ranking mernber Bill Nelson (D-Fla .) asked Transportation Secretary Elaine Chao Friday for answers about the Takata airbag recall. The move came the day after Nelson released new independent figures showing that two-thirds of airbag inflators subject to the recall have yet to be repaired or replaced. More for Pros here . ARRIVAL LOUNGE: Heath Hall starts this week as FRA's deputy administrator. The Mississippi native has a public relations background and did stints early in his career in the George H.W. Bush administration. Reagan Payne is starting on June 12 at Cruise Automation , an autonomous vehicle startup out of San Francisco that was acqui red by GM last year. She'll be on Rebecca Mark's D.C.-b ased government relations team and will manage the eastern region. Payne previously worked for Rep. Susan Brooks (R-Ind.). THE AUTOBAHN: - "Supreme Court sets deadline for travel ban filings." POLITICO . - "Fresh safety concerns hang over global airlines conference ." Reuters . - "G.M. Wants to Drive the Future of Cars That Dri ve Them selve s." The New York Times . - "In Germany , Metro's troubles garner sympathy from around the world ." The Washington Post. - "Trump's sluggish hiring could hamper anti-terror plans." POLITICO . - "America's Truckers Embrace Big Broth er After Costing Insur ers Millions." The Wall Street Journal. 5 CEQ050FY18091 _000000104 CEQ-18-0173-D-000075 THE COUNTDOWN: DOT appropriations run out in 118 days. The FAA reauthorization expires in 118 days . Highway and transit pol icy is up for renewal in 1,214 days. THE DAY AHEAD: 8 a.m. -NHTSA's Office of Vehicle Safety holds its biennial International Technical Conference on the Enhanced Safety of Vehicles. This year's event in Detroit is focused on "Innovations in Vehicle Safety." 2 p.m. -The Atlant ic Counc il hosts a discussion with Bill Ford , execut ive chairman of Ford Motor Company, on the "future of mobility and its global implication s." Register here. 1030 15th St. NW , 12th floor. Did we miss an event? Let MT know at transpocal endar @politicopro.com . ** A message from Delta Air Lines: Our daily briefin g: At Delta we're constantly innovating to make your travel smoother. We tapped into RFID technology to keep your bags in check at all times. Giving you more peace of mind from check-in to baggage claim. Our pursuit of constantly solving problems doesn't stop there. Turbulence is notoriously difficult to predict. That's why we develop ed our industry-lea ding Flight Weather Viewer app. It helps our pilots better spot and avoid unexpected turbulence with real-time graphics of observations and forecasts on the flight deck. Making your journey smoother while also reducing our carbon footprint. Learn more: delta.com/dca ** To view online: l1ttps://www .politico pro .com/tipsheets /morning -transportation /2017/06/the-infrastructu reweek-remix-023139 Stories from POLITICO Pro Trump pivots to infra structure as he enter s bruising week Back By Lauren Gardn er I 06/03/2017 02:16 PM EDT The White House next week plans a full-throated infrastructure push, including unveiling more details on its vision for overhauling both the nation's air traffic control syste m and federal permitting requirements for road projects. The administration will spend several days rolling out at least some more details about priorities for its $1 trillion infrastructure plan and talking up the need for additional investment, during a week that's otherwise expected to be full of loud and potent ially damaging news about the FBI and Russia. So far the administ ration has offered few details on its infrastructure proposa ls, aside from a six-page fact sheet it slipped into its 20 18 bud get propo sal last month. 6 CEQ050FY18091 _000000104 CEQ-18-0173-D-000076 President Donald Trump will kick off the week Monday in the Oval Office by rolling out legislative principles encourag ing Congress to split air traffic control away from the Federal Aviation Administration and place it under a private , non-governmental entity - a controversial idea that has run into flak from lawmakers of both parties and sectors of the aviation industry itself. On Wednesday , he'll travel to Ohio and Kentucky for a speec h that touches on waterways and rural America, followed by a Thursday meeting in the White House with mayors and governors and a Friday address at the Departm ent of Transportation. In outlinin g its FAA principles , the administration will also propose changes in the way it pays for much of the national aviation system, National Economic Council D irector Gary Cohn said Friday. He said it will embrace user fees in place of the curren t excise tax system, similar to a Republican plan expected in the House. Cohn also stressed that the administration will aim to ensure general aviation pilots and rural airports are "protected" under the air traffic control over haul. That suggests that whatever the administration puts out next week will seek to blunt the serious criticism that business aviation interests and rural interests, both of which hold sway in the Senate , have leveled against past proposals. "There are enormous benefits for all U.S. citizens in doing this," Cohn told reporters Friday. Air traffic contro l legislation that Hou se Transportation Comm ittee Chairman Bill Shuster (RPa.) offered in 20 16, and wh ich he is expected to introduce again this summer , provided the starting po int for those principles , a White House official said. Though they'll be "very similar ," he said to expect some differences -- though he would not elaborate. "This will be more like principles you would see in a transmittal to the Hill that is more spec ific in terms of what the administration supports , and lays out a framework for Congress to then draft legislation off of," the White House offic ial said. The White House's fiscal 20 18 budget blueprint included a three-page fact sheet prais ing certain concepts in Shuster's plan , but with few other details. Monday's announ ceme nt will be the most revea ling look yet at the admin istration's thinking on the issue. Shuster is expected to attend the White House festivities, which will include an announcement in the Rose Garden. In his speech Wednesday in Ohio and Kentucky , Trump w ill outline more about his infrastructure vision and how his adminis tration plans to support rural and "transformative" projects. Cohn noted that inland waterways in particular rely largely on federal money for maintenance - Trump's budget proposed creating a fee to boost the money paid by commerc ial users of the system . That visit is sure to include overtu res to rural states that have registered concerns about the administration's reliance on public-private partnerships to help leverage financ ing toward the $ I trillion goal of his infrastructure p lan. State offic ials and lawmakers espec ially in rural areas have repeatedly cautioned against lean ing too heavily on these kinds of partnerships , because 7 CEQ050 FY18091_000000104 CEQ-18-0173-D-000077 This effort is sometimes being aided by Republicans on Capitol Hill, or undertaken at their behest. For instance, House Financial Services Committee Chairman Jeb Hensarling (R-Texas) has asked federal agencies to refuse to comply with Freedom of Information Act requests designed to find out what data his panel is seeking from those agencies. Such FOIA inquiries are routinely made by journalists , lobbyists and political operatives. News organizations have strenuou sly objected to HensarJing's demand. But the latest initiative by the Trump administration - backed by a May I , 2017, opinion drafted by the Office of Legal Counsel of the Justice Department - has crossed a once unthinkable line, Democrats argue. Under this new policy , Democrat s - as the minority party - would be limited in their ability to get information from the agencies unless the request was supported by a Republican chairmen. Since the GOP controls both the House and Senate, this would effectively give Republicans a veto over such information requests. "Every member of Congress represents hundreds of thousands of Amer ican citizens who expect their representatives in the House and Senate to fulfill their duty under the Constitution to act as a check on the executive branch in order to promote the proper functioning of federal agencies and departments ," said Rep. Elijah Cummings (D-Md.) , ranking member on the Oversight and Government Reform Committee. "We cannot do our jobs if the Trump administration adopts tb.is unprecedented new policy of refusing to provide any information to Congress unless a request is backed by the implicit threat of a subpoena. This has never been the standard for responding to congressiona l inquiries - and it should not take the threat of a subpoena to pry information free from this administration ." Cummin gs added: "This is the latest in a series of abuses by the Trump administration to operate in a shroud of secrecy , hiding their actions from federal ethics officials , the Government Accountabi lity Office, the media , Congress , and the American people." However , relying on the OLC opinion , White House officials say they do not have to respond to any requests from individual lawmakers , or those that do not come through a committee. '"Oversight' is a constitutional power which Congress exercises through its established committees and their chairmen," said Lindsay Walters , a White House spokeswoman. "This legal advice provides much needed clarity to the executive branch so that the administration can ensure resources are effective ly dedicated to accommodating authorized congressiona l oversight reque sts and responding to nonover sight requests , independent of the political party of the requester." According to the OLC opinion, no minority lawmaker - includin g the ranking member of a full committee - may request information without the approval of committee or subcommittee chair. 10 CEQ050FY18091_000000104 CEQ-18-0173-D-000078 the kinds of projects investors are willing to risk capital on require recouping their money through through tolling or other fees, which is considered less practical in less-populated areas. White House officials said infrastructure spending in rural areas under their plan won't look much different from current public spending, but they'll be looking to cities and some states to take on more of their infrastructure needs and create revenue streams to fund them. One thing the White House won't spend much time on next week is getting more specific on how it plans to cover the federal share of its infrastructure vision. Officials have yet to determine how much of that work they'll leave to Congress. "We're currently debating the best way to approach that," an administration official said. The White House will host a bipartisan group of governors and mayors to talk about infrastructure on Thursday , and on Friday Trump will give a speech at DOT on overhauling regulations around roads and rail, with a focus on changes to the permitting process for those projects. "Time is money," Cohn said. "The cost of infrastructure goes up dramatically as time goes on in the approval process." To view online click here. White House FAA princip les sketch out nonprofit, user fee-driven entity Back By Kathryn A. Wolfe I 06/ 04/ 2017 04:48 PM EDT The White House Monday will propose a new nonprofit , non-governmental entity to control the nation's air traffic control system, hewing to a non-governmental structure that will mean lower fees than "the patchwork combination of aviation taxes paid today ," according to a document of princip les obtained by POLITI CO. The document praises last year's bill from Rep. Bill Shuster, calling it a "good foundation" that needs improvement , and suggesting it will support any effort that meets principles it lays out in a document that will be released Monday. Those principl es include ensuring safety and Defense Department access, as well as "open access" to the national airspace for general aviation and emerging technologies such as drones , though the document notes "new entrants ... would still be subject to the new entity's fee structure." It also says the new entity "must maintain access and services to rural communities and general aviation users" but doesn't outline how, beyond that DoD , diplomatic and public safety aircraft will be exempt from any fees. 8 CEQ050FY18091 _000000104 CEQ-18-0173-D-000079 It also supports sunsetting taxes except "some existing aviation taxes" necessary to continue support for the AIP program. User fees, the document says, should be established based on "!CAO principles such as aircraft weight and distance flown." The White House will propose no congressional approval of any new fees set by the entity , but notes the "users of the airspace should have the ability to request the secretary of Transportation to determine whether the fees are 'reasonable."' The new entity, the document notes, should be managed by a board of directors , but that board seats "should not be owned by any entity" and that though the initial board will be "nominated by major stakeholders ," none of them will have the right to name a successor. The document also suggests that the National Air Traffic Controllers Association should remain on board with the proposal , considering that it says the new entity should "honor existing labor agreements" and that any employees transferring to the new entity should be "kept whole in tenns of pay and benefits" and be able to continue to participate in federal retirement and health care plans. The White House also will propose a transition period for the new entity of no more than there years, with extensions subject to presidential approval. The document also outlines support for allowing the new authority to "adjust airspace routes" subject to FAA approval, however the FAA would only be empowered to approve or deny based on safety, not NEPA. To view online click here . Democrats outraged by Trump ban on info requests Back By John Bresnahan I 06/02/2017 06:58 PM EDT Hill Democrats are outraged by a new Trump administration policy to ignore information requests from members and senators unless they come from committee or subcommittee chairs. They argue it's part of a broader pattern by the White House, designed to make the executive branch less responsive to Congress. And they say it effective ly locks them out of information necessary for government oversight. From refusing to release White House visitor logs to scrubbing agency websites of health and safety data and refusing to respond to simple media requests on governme nt operations - or even admitting whether President Donald Trump is playing golf or not- the Trump administration has made it harder for Democrats and the press to find out what is going on inside the White House and federal agencies. 9 CEQ050FY18091 _000000104 CEQ-18-0173-D-000080 "Individual members of Congress , including ranking minority members , do not have the authority to conduct oversight in the absence of a specific delegation by a full house, committee , or subcommittee ," OLC asserted. "Accordingly , the Executive Branch's longstanding policy has been to engage in the established process for accommodating congressional requests for information only when those requests come from a committee, subcommittee , or chairman authorized to conduct oversight." OLC added: "Members who are not committee or subcommittee cha irmen sometimes seek information about executive branch programs or activities , whether for legislation , constituent service , or other legitimate purposes (such as Senators' role in providing advice and consent for presidential appointments) in the absence of delegated oversight authority. In those nonoversight contexts , the Executive Branch has historically exercised its discretion in determining whether and how to respond , following a general policy of providing only documents and information that are already public or would be available to the public through the Freedom of Information Act ... Whether it is appropriate to respond to requests ... from individual members will depend on the circumstances. In general , agencies have provided information only when doing so would not be overly burdensome and would not interfere with their ability to respond in a timely manner to duly authorized oversight requests." The OLC memo was drafted by Curtis Gannon , the acting assistant attorney general. To view online click here . FMCSA opting not to increase bus liability coverage requirements Back By Stephanie Beasley I 06/02/2017 11 :52 AM EDT The Federal Motor Carrier Safety Administration announced today that it will withdraw a proposal to increase the amount of compensation for victims of bus and truck crashes. FM CSA first issued a notice of advanced rulemaking in 2014 saying it was considering hiking the minimum levels of liability insurance coverage required for buses and trucks. The levels are currently set at $5 million for buses and $750,000 for trucks. But the agency announced this morning that it is now withdrawing the notice, citing a lack of evidence to support the economic benefits of providing more compensation for crash victims. "FMCSA has determined that it has insufficient data or information to support moving forward with a rulemaking proposa l, at this time," the agency said, accord ing to a notice issued today. The proposal to increase the insurance requirement has been supported by consumer safety groups. However , the American Bus Association has opposed the measure , saying it should be left up to individual carriers to decide what levels of insurance to carry . The group applauded FMCSA's decision to withdraw the proposal. 11 CEQ050FY18091 _000000104 CEQ-18-0173-D-000081 To view online click here. IG: FAA 's system for evaluating check pilots is broken Back By Tanya Snyder I 06/02/2017 01:44 PM EDT The FAA doesn't do enough to ensure that check pilots - those that oversee and evaluate the 71,500 pilots employed by commercial airlines - get the required training and observation, according to a new report from DOT's Inspector General. Based on their sample, the IG estimates that 204 of 3,334 air carrier check pilots may not have been properly authorized , meaning FAA failed to verify that they received mandatory trainjng or have not been reviewed by an FAA inspector. Further , FAA is unable to verify that as many as 41 percent of its 600 aircrew program designee s - which oversee check pilots - were properly trained and observed prior to authorization between 2011 and 2015. "As a result , FAA cannot ensure that check pilots and APDs have met key requirements needed to evaluate pilots' knowledge and skills," wrote the IG. Check pilots are also failing to meet requirements for recurring training and observation, with nine check pi lots at one carrier failing to get any training at all in 2015 , "including four that had not received training since 2012 yet are still serving as check pilots." The IG determined that FAA's guidance isn't clear enough that inspectors are charged with verifying recurrent training requirements. FAA concurred with six of their seven recommendation s to improve oversight of check pilots and APDs ; the IG is requestin g additional information for the last one. To view online click here . Nelson: Leaderless NHTSA exacerbating poor Takata recall compliance Back By Tanya Snyder I 06/01/20 17 12:38 PM EDT Sen. Bill Nelson said today that two-thirds of recalled Takata airbag intlators are still unrepaired , more than eight years after the first recall was announced - and said it doesn't help that the National Highway Traffic Safety Admfoistration still has no confirmed leader. "We've got to pick up the pace on boostin g production of replacement intlators and assisting consumers who need to get their vehicles fixed," said Nelson in a statement. 12 CEQ050FY18091_000000104 CEQ-18-0173-D-000082 The independent Takata monitor's numbers , provided to Nelson , show that approximately 30 million inflators remain unrepaired of the 46 million whose owners have received notices that they are subject to the reca ll. Nelson said the fact that NHTSA has been without a confirmed administrator since January is "only compounding the problem ," according to the statement. "We're in desperate need of a leader who will commit to resolving this Takata mess ," Nelson said. "At the rate we're going, we might land humans on Mars before all of these deadly inflators are off the road." Of the 46 million recall notices sent, 8.8 million of them advised owners that replacement parts were not yet available. While the problem of shrapne l flying out of Takata airbags first became known in 2008 - and Takata executives knew about it four years before that - the recall expanded to a nationwide effort in May 2015 , and the scope then doubled in May 2016 to include 35-40 million more airbag inflators to be recalled on a staggered schedu le until the end of 2019. To view on line click here . Thune, Nelson ask a leade rless NHTSA for answers about Takata recall Back By Tanya Snyder I 06/02/20 17 03: 13 PM EDT Senate Commerce Chairman John Thune (R-S.D.) and ranking member Bill Nelson (D-Fla.) asked Transportation Secretary Elaine Chao today for answers about the Takata airbag recall , which is underperforming expectations. The move comes one day after Nelson released new independent figures showing that twothirds of airbag inflators subject to the recall have yet to be repaired or replaced. The senators' questions may be difficult to answer , since they perta in to an agency that has no leader, as they pointedly noted. "While the Committee awaits the nomination of a new NHTSA administrator , which we hope will take place soon, progress on repairing defective Takata inflators must continue ," the senators wrote. Thune and Nelson asked Chao for data on the manufacturer and inflator type of the vehicles that have yet to be repaired ; whether NHTSA thinks the lack of available replacement parts is a problem and what they're doing to address it; whether NHTSA is satisfied with the phased recall; and more. To view online click here . 13 CEQ050FY18091 _000000104 CEQ-18-0173-D-000083 Trump's sluggish hiring could hamper anti-terror plans Back By Andrew Restuccia I 06/04/2017 07:02 PM EDT President Donald Trump said Sunday that the United States needs to be "smart , vigilant and tough" after a terrorist attack rocked London. But the president's counter-terrorism strategy could be hindered by dozens of vacancies across the governmen t, not least a permanent FBI director. Top ranks at the State Department remain largely unfilled , as are some key ambassadorships. Trump has not named anyone to lead the Tra nsportation Security Administration , which screens people at airports, or to run the Homeland Security office charged with protecting the country's physical and cyber infrastructure . His choice to lead the Federal Emergency Management Agency is awaiting Senate confirmation , but Trump has not named a deputy. At the Justice Departm ent, Trump has not nominated an assistant attorney general for the national security division . And he has not nominated a deputy at the Office of the Director of National Intelligence or a director of the office's National Counterte rrorism Center. And, perhaps most crucially , Trump has not yet named a permanent leader of the FBI, which plays a central role in combating domestic terrorism. The president has cont inued to interview candidates for the job nearly a month after he fired James Corney. "This is a team sport ," said Max Stier, the head of the nonpartisan Partnership for Public Service, wh ich advised Trump' s presidential transition on hiring. "It's critical to have a full team." The White House did not provide any comment Sunday. Trump has filled some major national security jobs , including at the Defense Department , and he quickl y replaced his first national security adviser, Michae l Flynn , after he was fired in February . But hiring has been slow across the board , bogged down by an overwhe lmed personnel office and disagreements among aides. In some cases - especia lly at State, where Trnmp named a secretary and deputy secretary but left many other posts open - Cabinet secretar ies are still mulling a reorganization that might do away with certain positions. Trump announced in January that he plam1ed to nominat e Robert "Woody" Johnson , the owner of the New York Jets, as the U.S. ambassador to the United Kingdom , which has been hit by two deadly terrorist attacks in recent weeks. But Trump has yet to formally send Johnson's nomination to the Senate after more than four months in office. The leadership vacuum across the federal government has at times kept Trump from meeting promises made before he took office. He blew past a 90-day deadline to craft an anti-hacking strategy, with no clarity on who was in charge of the issue. 14 CEQ050FY18091 _000000104 CEQ-18-0173-D-000084 Some experts said Trump's slowness to fill top jobs wouldn't prevent the federal government from responding to a terrorist threat because the FBI and DHS are staffed with long-servi ng experts. "In terms of an immediate response to an attack , the agencies will probably do fine," said Daniel Benjamin, who was the State Department's counter-terror coordinator under President Barack Obama and now runs an international studies center at Dartmouth College. "The real problems come later , when the administrat ion has to readju st strategy to deal with the threat , do the hard work of figuring out if there was a vulnerabil ity in some security or immigration system , and then remedy it." Christian Marrone , who served as chief of staff to former DH S Secretary Jeh Johnson , said his bigger concern was Trump's proposed budget , which boosted money for border secur ity but called for cuts to programs that provide grants to cities states for counter-terrorism efforts. "The proposed cuts to state and local law enforcement are dangerous ," he said. "We must ensure the men and women on the front lines have the tools and training they need to handle such situation s." Trump took to Twitter on Saturday and Sunday to call for a forceful response to terrorism and to take a few digs at London Mayor Sadiq Khan. "We must stop being politically correct and get down to the business of secur ity for our peopl.e. If we don't get smart it will only get worse ," Trump wrote on Twitter. To view online click here . Was this Pro content helpful? Tell us what you think in one click . Yes , ve ry Some w hat Not reall y Not at all You received this POLITICO Pro content because your customized settings include: Morning Transportation . To change your alert settings , please go to https:/ /,vww .politicopro.com /settings 15 CEQ050FY18091 _000000104 CEQ-18-0173-D-000085 X This email was sent to Adrian Arnakis@commerce.senate .gov by : POLITI CO, LL C 1000 Wilson Blvd. Arlingt on, VA, 22209, USA 16 CEQ050 FY18091_000000104 CEQ-18-0173-D-000086 RE: MorningTransportation, presentedby Delta Air Lines:The infrastructure week remix- Who'sin, outof Trump'sATC planCommuterrailroadsto huddleon PTC progress From: "Arnakis, Adrian (Commerce)" To: "Herrgott,Alex H. EOP/CEQ" Date: Mon, 05 Jun 2017 09:12:13 -0400 Sound good, please share anything you can if you get it before Wednesday. You know I would appreciate it. ama -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Monday, June 5, 20 17 9:06 AM To: Arnakis, Adrian (Commerce) Subject Re: Morning Transportation, presented by Delta Air Lines: The infrastructure week remjx - Who's in, out of Trump's ATC plan - Commuterrailroads to hudd le on PTC progress Not yet. Sent from my iPhone On Jun 5, 2017, at 8:58 AM , Amakis, Adrian (Commerce) > wrote: Any specifics on what the POIUS might say about mral infrastructme that you can share with your favorite nual infrasm1ctmesupponer? He'll make a speech highlighting rural infrastructure Wednesday al.ong the Ohio River From: POLITICO Pro Transportation [mailto:politicoemail@polilicopro.com) Sent: Monday, June 5, 2017 5:43 AM To: Arnakis, Adrian (Commerce) > Subject: Morning Transportation, presented by Delta Air Lines: l11e infrastrncture week remix - Who's in, out of Trump's ATC plan - Commuter railroads to huddle on PTCprogress By Lauren Gardner and Tanya Snyder I 06/05/2017 05:4 1 AM EDT With help from Stephanie Beasley and Daniel Lippman THIS IS THE REMIX: ... to Infrastructure Week, everyone.The White House announced Saturday it's kicking off its own week of infrastructurefestivities, starting with "legislative principles" President Donald Trump will sign today outlining his vision for Congress to split air traffic control operations away from the FAA. your MT co-host reports for Pros. House Transportation Committee Chainnan Bill Shuster (R-Pa.) , whose ATC spinofflegislation is the basis for the White House plan, is expected to join Trump for the White House announcement today, and your Pro Transportation scribes have some early details. The principles: Our Kathryn A. Wolfe snagged a copy of the Wbite House principles , which called Shuster's 2016 bill a "good foundation" that needs impro vement and indicated the admin istrat ion will back any effort that hews to myr iad concepts pertaining to fees, governance , labor and national secur ity. The document also states that "the new ent ity 'must maintain access and services to rural communities and genera l aviation users' but doesn't outline how, beyond that DoD , diplomatic and public safety aircraft will be exempt from any fees ," Kathy reports. The principles , again: Your MT co-host obtained another copy of the principles late Sunday containing more details on the administration's expectations for military access and its ideal makeup of the board that would oversee the new ATC body. The administration's proposal would give commercial airlines two seats on the board , as opposed to the four they commanded under Shuster's 2016 bill. The controllers' and pilots' unions would be represented by two seats , while genera l aviation and airports would each get a seat. The government would have two representatives. Those eight members wou ld choose a CEO and then select four independent members to round things out. WHO'S IN/OUT: Nothing in either document suggests that genera l aviation users will be exempt from wha tever fee structure the new govern ing body would set- and that more than likely means general av iation groups won't get behind Trump's plan. However , it appears to includ e the principles that the National Air Traffic Controllers Association required to support Shuster's bill, primarily that they will essent ially be able to retain their current pay and benefit struc ture under the new plan (wh ich the union stressed to The New York Times must be a nonprofit entity for their support to remain steady). That spells , essentially , much the same battle lines as have already been drawn, assuming other tweaks tbe White House outlines aren't enough to sway either side. Lines in the sand: That all means the White Rouse will have to court the myriad interest groups that have pai11ted thei r own bright lines since Shuster began bis effort in earnest. General aviation groups don't want user fees assessed against tl1eir usage of national airspace, and have worr ied about their representation on the board. Nationa l Economic Council Director Gary Cohn said Friday the administration wi ll embrace user fees in lieu oftbe current exc ise tax system , but didn't get into spec ifics. Rural airports want to be sure they can maintain service ; Cohn vowed that they and GA pilots wou ld be "protected" under the overhaul. Wait, there's more: The makeup of the corporation's board is another major item to watch as aviation interests digest the administration's position. Shuster's 20 16 bill would have given commercial airlines and their allies in labor the greatest share of board seats , a proposal that didn't sit well with many. Democ rats have made a stink about the Penta gon not getting any representation on the board when DoD plays a significant role in monitorin g U.S. airspace , and Trump's respect for the military is well-known. But any tinkering to its makeup could threaten the buy-in Shuster had previously won from his coalition of supporters - though key players like Senate Commerce Chairman John Thune (R-S.D.) have already said changes must be made to the earlier iteration of the legislation to convince members with significant interests in the GA community to back any major ATC changes. Not to be outdone: Throughout the week, Trun1p will highlight bis vision for other transportation modes like roads, rail and inland waterways. He'll make a speech highlighting rural infrastructure Wednesday along the Obio River and will visit DOT headquarters on Friday to talk about the federa l penuittin g process. WELCOME TO MONDAY : Thanks for tuning in to POLITICO's Mornin g Transportation , your daily tipsheet on all things train s, plan es, automobiles and ports. Send us tips, feed back and lyrics to tsnyder @politico.com or @TSnyderDC and lgardner@politico.com or @Gardner_LM. "They say, walking women home is a thing of the past I Women want to ride and ride around in class / Some like Cadillacs, boys, some like Fords / Some like anything as long as it rolls." (h/t John Edwards, Norfolk Southern Corporation) Want to keep up with MT's song picks? Follow our Spotify play Iist. WILL DEMS PLAY BALL? Democrats' outrage over the Trump administration's decision to stonewall lawmakers' requests for information unless they come from committee or subcommittee chairmen could make them less eager to work with the administration on infrastrncture, reports John Bresnahan. PTC HELP WANTED: The American Public Transportation Association is holding an all-day meeting Wednesday with commuter railroads, FRA and congressional staff "to share lessons learned that will help commuter rail systems implement the federally mandated positive train control installation deadline," per a spokeswoman. DOT just announced a slew of grants to railroads to help them with PTC implementation by the end of 2018, but some commuter lines are lagging behind their counterparts to the point where FRA officials don't expect all oftbem to hit enough milestones to even qualify for a limited extension up to 2020 allowed under the law. The latest numbers: FRA published the first quarter 2017 statistics on PTC implementation Friday, and passenger railroads are still inching along compared to freight carriers responsible for a far greater share of route miles and locomotives. The number of passenger route miles in PTC operation even declined a percentage point between the first quarter of 2017 and the last quarter of 2016, due to some track being taken offline. What they're saying: Grant recipients MT reached said they would either meet the 2018 deadline outright (though some hedged and said they expect to), or hit enm1gboftbe benclunarks to qualify for additional time. Many commuter Jines have bad a harder time complying with the requirement due to cost and resource constraints, which is why Congress authorized and appropriated nearly $200 million in grants for them to get the technology installed. But others - like Metrolink in Southern California and Philadelphia's SEPTA- stayed well ahead of the deadline and are close to having their systems certified, leaving some wondering why other big-city systems like Chicago's Metra and Boston's Massachusetts Bay Transportation Authority are straggling. What they'll say: Congressional staff isn't expected to have much appetite for entertaining more wiggle room for railroads, though keep in mind we're still a year and a half away from the cutoff. FRA's bands are pretty tied under the law, and Obama-era Administrator Sarah Feinberg threatened noncompliant railroads with daily fines if they chose to flout the mandate's original 2015 deadline. But before Congress granted the extension, railroads had warned lawmakers of an w1precedentedbait to interstate commerce that would occur under the status quo, as most would likely decide to stop operating altogether rather than taking on the liability of breaking the law. It'll be a tough sell to get Congress to provide more relief, given the structure of the current dead!ine and the progress made by some major commuter agencies. ** A message from Delta Air Lines: Our daily briefing: At Delta we're constantly innovating to make your travel smoother. We tapped RFID technology to keep your bags in check at all times. Giving you more peace of mind from check-in to baggage claim. Learn more: delta.com/dca ** THE WEEK AHEAD: 3 CEQ050FY18091 _000000551 CEQ-18-0173-D-000089 Monday - Trnmp signs legislative principles on an airtraffic control overhaul at the White House. NHTSA kicks off a weeklong conference in Detroit on vehicle safety developments. Transportation Secretary Elaine Chao is expected to attend. Tuesday - Homeland Security Secretary John Kelly will testify before the Senate Homeland Security and Governmental Affairs Committee on the departmellt's fiscal 2018 budget request. The National Air Transportation Association bolds its annual Aviation Business Conference , and association members will meet with Senate offices to discuss the upcoming FAA reauthori zation . Wednesday - Chao will appear before the Senate Commerce Committee to testify on FAA reauthori zation. Later that evening , she will deliver remarks at a dinner hosted by the Competitive Enterprise Institute. The House Transportation Subcommittee on Coast Guard and Maritime Transportation will bold a hearing on the Coast Guard's air, land and sea capabilities. Timrsday - Chao will testify before the House Transportation Committee on the FAA reauthorization. Senate Commerce holds a hearing to consider executive branch nominees , including Derek Kan to be undersecretary of transportation for policy and Robert Sumwalt to be member and vice chairman of the National Transportation Safety Board. The Hudson Institute hosts an infrastructure event featuring Sen. John Boozman (R-Ark.) and Virginia Transportation Secretary Aubrey Layne. Friday - Trump will be at DOT to announce more details on bis infrastructure plan. FM CSA PUTS BRAKES ON CRASH COMPENSATION HIKE: Bus and truck groups are celebrating the Federal Motor Carrier Safety Adn1inistration's decision to withdraw an advanced notice of proposed rulemaking that wou ld have raised insurance requirements for buses and trucks so that they match the rising costs of medical care. As our Stephanie Beasley reports for Pros , the agency announced Friday that it would withdraw the proposal , saying that it did not have sufficient data to support the change. The Owner-Operator Independent Drivers Association quickly issued a statement celebrating the demise of what they considered a "potentially devastating regulation" for small truck companies. The American Bus Association agreed , saying individual companies can best detennine what level of insurance is appropriate. WHO'S MINDING THE MINDERS? Tbe FAA's system for trainin g and evaluatin g check pilots - those that oversee and evaluate the commercial pilots- isn't working , says a report released Friday by DOT's Inspector General. The IG estimates tbat tbe FAA can't verify that 204 of3 ,334 cbeck pilots received mandatory training or reviews by an FAA inspector. Further , the people who oversee check pilots are also not being properly authori zed, with the FAA unable to prove the proper training and observation ofas many as 41 percent of them between 2011 and 2015. Check pilots are also failing to meet requirements for recurring training and observation. Tanya has more for Pros. READ 'EM AND WEEP: FTA posted a bunch ofWMATA's safety inspection data and correc tive action plans on line Friday. FT A has had direc t safety oversight of WMA TA since October 2015 and makes no bones about the fact that it's looking forward to being rid of it - though fLrst, Virg inia, Maryland and the District of Columbia have to build a State Safety Oversight Program that complies with federal guidelines , somethin g FT A bas complained is taking too long. Inspection reports, Safe Track data, oversight reports and more are now available for the viewing pleasure of transit nerds and POST -TURKEY DAY DELAY: FRA has delayed its system safety rule for passenger railroads for another six montl1s, the agency announced late Friday in a pre-publication notice in the Federa l Register. The agency says it needs the longer window to review petitions for reconsideration; some state DOTs that sponsor rail service have expressed concern that they're considered "railroads" responsible for developing risk reduction p lans under the rule when they don't actually operate trains. MT MAILBAG: Thtme and ranking mem ber Bill Ne lson (D-Fla. ) asked Transpo rtation Secretary Elaine Chao Friday for answers about the Takata airbag recall. The move came the day after Nelson released new independent figures showing that two-thirds of airbag inflators subject to the recall have yet to be repaired or replaced. More for Pros here. ARRlV AL LOUNGE: Heath Hall starts this week as FRA's deputy administrator. The Mississippi native has a public relat ions background and did stints early in his career in the George H.W. Bush administration. Rea gan Payne is start ing on June 12 at Cruise Automation , an autonomous vehicle startup out of San Francisco that was acquired by GM last year. She'll be on Rebecca Mark's D.C.-based government relations team and will manage the eastern region. Payne previously worked for Rep. Susan Brooks (R-lnd.). THE AUTOBAHN: - "Supreme Court sets deadline for travel ban filings." POLITICO. - "Fresh safety concerns hang over globa l airlines conference." Reuters . b982194f 6l - "G.M. Wants to Drive the Future of Cars That Drive Themselves." The New York Times . - "In Germany , Metro's troubles garner sympathy from around the world." The Washington Post. - "Trnmp's sluggish hiring could hamper anti-te rror plans." POLITICO. - "America's Truckers Embrace Big Brother After Costing Insurers Millions." The Wall Street Journa l. THE COUNTDOWN: DOT appropriations nm out in 118 days. The FAA reauthorization expires in 118 days . Highway and transit policy is up for renewal in 1,214 days. THE DAY AHEAD: 8 a.m. -NHTSA's Office of Veh icle Safety ho lds its biennial Internationa l Technical Conference on the Enhanced Safety of Vehicles. This year's event in DetToit is focused on "Innovations in Veh icle Safety." 5 CEQ050 FY18091_000000551 CEQ-18-0173-D-000091 2 p.m. - The Atlantic Co@cil hosts a discussion with Bill Ford , execut ive chainnan of Ford Motor Company, on the "future of mobility and its global implications." Register here. 1030 15th St. NW , 12th floor. Did we miss an event? Let MT know at transpocalendar @poLiticopro.com. ** A message from Delta Air Lines: Our daily briefing: At Delta we're constantly innovating to make your travel smoother. We tapped into RFID techno logy to keep your bags in check at all times. Giving you more peace of mind from check-in to baggage claim. Our pursuit of constantly solving problems doesn't stop there. Turbulence is notoriously difficult to predict. That's why we developed our industry-leading Flight Weather Viewer app. It helps our pilots better spot and avoid @expected turbulence with real-ti.me graphics of observations and forecasts on the flight deck. Making your journey smoother while also reducing our carbon footprint. Learn more: delta.com/dca ** To view online: https: //www.politicopro.com /tipsbeets/moming-transportatiou/2017 /06/tbe-infrastrnct1rre-week-remix023l39 Stories from POLITICO Pro Trump pivots to infrastructure as he enters bruising week Back By Lauren Gardner I 06/03/2017 02: 16 PM EDT The White House next week plans a full-tllroated infrastructure push , including unveiling more details on its vision for overhauling both the nation's air traffic control system and federal permitting requirements for road projects. The administration will spend several days rolling out at least some more details about priorities for its $1 trillion infrastructure plan and talking up the need for additional investment , during a week that's otherwise expected to be full of loud and potentially damaging news about the FBI and Russia. So far the administration has offered few details on its infrastructure proposa ls, aside from a six-page fact sheet it slipped into its 2018 budget proposal last month. President Donald Trump will kick off the week Monday in the Oval Office by rolling out legislative principles encouraging Congress to split air traffic control away from the Federal Aviation Administration and place it under a private , non-governmental entity - a controversial idea that bas run into flak from lawmakers of both parties and sectors of the aviation industry itself. On Wednesday , he'll travel to Ohio and Kentucky for a speech that touches on waterways and rural America , followed by a Thursday meeting in the White House with mayors and governors and a Friday address at the Department of Transportation. In outlining its FAA principles , tl1eadministration will also propose changes in the way it pays for much of the national aviation system, National Economic Council Director Gary Cohn said Friday. He said it will embrace user fees in p lace of the current excise tax system , simjlar to a Republican plan expected in the House. Cohn also stressed that the administration will aim to ensure general aviation pilots and rural airports are "protected" under the air traffic control overhaul. That suggests tl1at whatever the administration puts out next week will seek to 6 CEQ050FY18091_000000551 CEQ-18-0173-D-000092 blunt the serious criticism that business aviation interests and rural interests , both of which hold sway in the Senate , have leveled against past proposals. "There are enonnous benefits for all U.S. citizens in doing this," Cohn told reporters Friday. Air traffic control legislat ion that House Transportation Committee Chainnan Bill Sbuster (R-Pa.) offered in 2016 , and which be is expected to introduce again this summer , provided the starting point for those principles , a White House offic ial said. Though they'll be "very similar ," he said to expect some differences -- though he would not elaborate. "This will be more like principles you would see in a transmittal to the Hill that is more specific in terms of what the administration supports , and lays out a framework for Congress to then draft legislation off of," the White House official said. The White House's fisca l 2018 budget blueprint included a three-page fact sheet praising certain concepts in Shuster's plan , but with few other details. Monday's announcement will be the most revealing look yet at the adm in istration's thinking on tbe issue. Shuster is expected to attend the White House festiv ities, which will include an announcement in t11eRose Garden. In his speech Wednesday in Ohio and Kentucky , Trump will outline more about his infrastructure vision and how his administration plans to support rural and "transfonnative" projects. Cobn noted that inland waterways in particula r rely largely on federa l money for maintenance - Trump's budget proposed creating a fee to boost the money paid by commercial users of the system. That visit is sure to include overtures to rural states that have registered concerns about the administration's reliance on public -private partnerships to help leverage financing toward the $ 1 trillion goal of his infrastructure plan. State officia ls and lawmakers espec ially in rural areas have repeatedly caut ioned against leaning too heavily on these kinds of partnerships , because the kinds of projects investors are willing to risk capital on require recouping their money through through tolling or other fees , which is considered less practical in less-populated areas. White House officials said infrastructure spending in rura l areas under their p lan won't look much different from current public spending , but they' ll be lookin g to cities and some states to take on more of their infrastructure needs and create revenue streams to fond them. One thing the White House won't spend much time on next week is getting more specific on how it plans to cover the federal share of its infrastructure vision . Officials have yet to detennine how much of that work they'll leave to Congress. "We're currently debatin g the best way to approach that," an administrat ion official said. The White House will host a bipartisan group of governors and mayors to talk about infrastructure on Thursday , and on Friday Trump will give a speech at DOT on overhauling regulations around roads and rail, with a focus on changes to the pennittin g process for those projects. "Time is money ," Cohn said. "The cost of infrastruchrre goes up dramat ically as time goes on in the approval process ." To view online click here. Back Wh ite House FAA princip les sketch out nonprofit , user fee-driven entity Back By Kathryn A. Wolfe I 06/04/2017 04:48 PM EDT 7 CEQ050 FY18091_000000551 CEQ-18-0173-D-000093 The White House Monday will propose a new nonprofit , non-governmental entity to control the nation's air traffic control system , hewing to a non-governmental structure that will mean lower fees than "the patchwork combination of aviation taxes paid today ," according to a document of principles obtained by POLITICO. Tbe documen t praises last year's bill from Rep. Bill Shuster , calling it a "good foundation" that needs improvemen t, and suggesting it will support any effort that meets princip les it lays out in a document that will be released Monday. Those principles include ensuring safety and Defense Departmen t access, as well as "open access" to tbe nationa l airspace for genera l aviation and emerging technologies such as drones , though the document notes "new entrants ... would still be subject to the new entity's fee structure." It also says the new entity "must maintain access and serv ices to rural communities and general aviation users" but doesn't outline how , beyond that DoD , diplomatic and public safety aircraft will be exempt from any fees. It also supports stmsetting taxes except "some existing aviation taxes" necessary to continue support for the AlP program. User fees, the document says , should be established based on "ICAO principles such as aircraft weight and distance flown ." The White House will propose no congressional approval of any new fees set by the entity , but notes the "users of the airspace should have the abi lity to request tl1e secretary of Transporta tion to detenniue whether the fees are 'reasonable."' The new entity , the docwnent notes, should be mana ged by a board of directors , but that board seats "should not be owned by any entity" and that tbough tl1e initia l board will be "nominated by major stakeholders ," none of them will have the right to name a successor. The document also suggests that the Nationa l Air Traffic Controllers Association should remain on board with the proposal , considerin g that it says the new entity should "honor existing labor agreements" and that any employees transferring to the new entity shou ld be "kept whole in terms of pay and benefits" and be able to continue to participate in federa l retirement and health care plans. The White House also will propose a transition period for the new entity ofno more than there years , witl1 extensions subject to presidential approval. The document also outlines support for allowin g the new authority to "adjust airspace routes" subject to FAA approval , however the FAA would only be empowered to approve or deny based on safety , not NEPA. To view online click bere. Back Democrats outraged by Trump ban on info requests Back By Jobn Bre snahan I 06/02/2017 06:58 PM EDT Hill Democrats are outra ged by a new Tnnnp administration policy to ignore informa tion requests from members and senators llllless they come from committee or subcommittee chairs. They argue it's part of a broader pattern by tbe Wl1ite House , designed to make the executive branch less responsive to Co ngress . And tl1ey say it effectively locks them out of information necessary for government oversight. 8 CEQ050FY18091 _000000551 CEQ-18-0173-D-000094 from refusing to release White House visitor logs to scrubbing agency websites of health and safety data and refusing to respond to simple media requests on government operations - or even admitting whether President Donald Trump is playing golf or not - the Tnunp administration has made it harder for Democrats and the press to find out what is going on inside the White House and federal agencies. This effort is some times being aided by Repub licans on Capitol Hill , or undertaken at their behest. For instance , House Financial Services Committee Chairman Jeb Hensarling (R-Texas) bas asked federal agencies to refuse to comp ly wiU1Freedom oflofonna tion Act requests designed to find out what data his panel is seekin g from those agencies. Such FOIA inquiries are routinely made by journa lists, lobbyists and politica l operatives. News orga nizations have strenuously objected to Hensar ling's demand. But the latest initiative by the Tnunp administration - backed by a May 1, 20 I 7, opinion drafted by the Office of Legal Cotmsel of the Justice Department - has crossed a once unthinkable line , Democrats argue. Under this new policy , Democrats - as the minority party-would be limited in their ability to get information from the agencies unless the request was supported by a Republican cbaim1en. Since the GOP controls both the House and Senate , this would effectively give Republicans a veto over such infonna tion requests. "Every member of Congress represents hundreds of thousands of American citizens who expect their representativ es in U1eHouse and Senate to fulfill their duty under the Constitution to act as a check on the executive branch in order to promote the proper functioning o[ federal agencies and departments ," said Rep. Elijah Cummings (D-Md.) , ranking member oo the Oversight and Governmen t Refonn Committee. "We crumot do our jobs if the Trump administration adopts this unprecedented new policy of refusing to provide any information to Congress unless a request is backed by the implicit threat of a subpoena. This has never been the standard for responding to congressional inquiries - and it should not take the threat of a subpoena to pry information free from this administration ." Cummings added: "This is the latest in a series of abuses by the Trump administration to operate in a shroud of secrecy , hiding their actions from federal ethics officials , the Government Accountability Office , the media , Congress , and the American people." However , relying oo the OLC opinion, White House officials say they do not have to respond to any requests from individual lawmakers , or those that do not come through a col1llllittee. "'Oversi ght' is a constitutional power which Congress exercises throu gh its established committees and their chainnen ," said Lindsay Walters , a White House spokeswoman. "This legal advic e provides much needed clarity to the executive branch so that the administration can ensure resources are effectively dedicated to accommodating authori zed congressional oversight reques ts and respondin g to nonoversight reques ts, independent of the political party of the requester." Accordin g to tbe OLC opinion , no minority lawmaker - including the ranking member of a full committee request infonuation without ilie approval of conu11.itteeor subcommittee chair. may "Individual members of Congress , including ranking minority members , do not have the authority to conduct oversight in the absence of a specific delegation by a full house, committee , or subcommittee ," OLC asserted. "Accordingly , the Executive Branch's longstanding policy has been to engage in the established process for accommodating congressional requests for information only when those requests come from a collUllittee, subcommittee , or chairman authori zed to conduct oversight." OLC added : "Members who are not committee or subcommittee chairmen sometimes seek information about executive branch programs or activities , whether for legislation , constituent service , or other legitimate purposes (such as Senators' role in providin g advice and consent for presidentia l appointments) in tl1eabsence of de legated 9 CEQ050FY18091 _000000551 CEQ-18-0173-D-000095 oversight authority. In those nonoversight contexts , the Executive Branch has historically exercised its discretion in determining whether and how to respond, following a general policy of providin g only documents and information that are already public or would be available to the public through the Freedom of Information Act ... Whether it is appropriate to respond to requests ... from individual members will depend on the circumstances. In general , agencies have provided infomiation only when doing so would not be overly burdensome and would not interfere with their ability to respond in a timely manner to duly authori zed oversight requests." The OLC memo was drafted by Curtis Gannon , the acting assistant attorney general. To view online click here. I 6d1 e68a2edac71 dl c0 1c29 Back FMCSA opting not to increase bus liability coverage requirements Back By Stephanie Beasley I 06/02/2017 11 :52 AM EDT The Federal Motor Carrier Safety Administration announced today that it will withdraw a proposal to increas e tbe amount of compensation for vict ims of bus and truck crashes. FMCSA first issued a notice of advanced rulemaking in 2014 saying it was considering hiking the minimum levels of liability insurance coverage required for buses and trucks. The levels are currently set at $5 million for buses and $750 ,000 for trucks. But the agency announced this morning that it is now withdrawing the notice , citing a lack of evidence to support the econom.ic benefits of providing more compensation for crash victims. "FMCSA has determined that it has insufficient data or informa tion to support moving forward with a rulemaking proposal , at this time," the agency sa id, according to a notice issued today. The proposal to increase the insurance requirement has been supported by consumer safety groups. However , the American Bus Association has opposed the measure , saying it should be left up to individual carriers to decide what levels of insurance to carry. The group applauded FMCSA's decision to withdraw the proposal. To view online click here. Back IG: F AA's system for evaluating check pilots is broken Back By Tanya Snyder I 06/02/20 l 7 0 1:44 PM EDT The FAA doesn't do enough to ensure that check pilots - those that oversee and eva luate the 71,500 pilots emp loyed by commercial airlines - get the required training and observation , according to a new report from DOT's Inspector General. Based on their sample , the IG estimates that 204 of3 ,334 air carrier check pilots may not have been properly authorized, meaning FAA failed to ver ify that they received mandatory training or have not been reviewed by an FAA inspector. 10 CEQ050FY18091_000000551 CEQ-18-0173-D-000096 further , FAA is unable to verify that as many as 41 percent of its 600 aircrew program designees - which oversee check pilots -were properly trained and observed prior to authorization between 2011 and 2015. "As a result, FAA cannot ensure that check pilots and APDs have met key requirements needed to evaluate pilots' knowledge and skills," wrote the IG. Check pilots are also failing to meet requirements for recurring training and observa tion, with nine check pi lots at one carrier failing to get any training at all in 2015, "including four that bad not received training since 2012 yet are still serving as check pi lots." The IG determined that F AA's guidance isn't clear enough that inspectors are charged with verifying recurrent training requirements. FAA concurred with six of their seven recommendations to improve oversight of check pi lots and APDs ; the JG is requestin g additional infom1ation for the last one. To view online click here . Back Nelson: Leaderless NHTSA exacerbating poor Takata recall compliance Back By Tanya Snyder I 06/01/2017 12:38 PM EDT Sen. Bill Nelson said today that two-thirds of recalled Takata airbag inflators are still unrepaired , more than eight years after the first recall was announced - and said it doesn't help that the National Highway Traffic Safety Administration still has no confirmed leader. "We've got to pick up the pace on boosting production of replacement inflators and assisting consumers who need to get their vehicles fixed," said Ne lson in a statement. The independent Takata monitor's numbers , provided to Nelson, show that approximately 30 million inflators remain unrepaired of the 46 million whose owners have received notices that they are subject to the recall. Nelson said the fact that NHTSA bas been without a conftm1ed administrator since January is "only compounding the problem ," according to the statement. "We're in desperate need ofa leader who will commit to resolvin g th.is Takata mess," Nelson said. "At tbe rate we're going, we might land humans on Mars before all of these dead ly in:flators are off the road." Of the 46 million recall notices sent, 8.8 mill ion of them advised owners that replacement parts were not yet available. While the problem of shrapnel flying out of Takata airbags first became known in 2008 - and Takata executives knew about it four years before that - the recall expanded to a nationwide effort in May 2015, and the scope then doub led in May 2016 to include 35-40 million more airbag inflators to be recalled on a staggered schedule until the end of 2019. To view online click bere. Back Thune , Nelson ask a leaderless NHTSA for answers about Takata recall Back 11 CEQ050 FY18091_000000551 CEQ-18-0173-D-000097 By Tanya Snyder I 06/02/2017 03:13 PM EDT Senate Commerce Chairman John Thun e (R-S.D.) and ranking member Bill Ne lson (D-Fla.) asked Transportat ion Secretary Elaine Chao today for answers about the Takata airbag recall , wbicb is underperfonning expectations. TI1e move comes one day after Nelson released new independent figures showing that two-thirds of airbag inflators subject to the recall have yet to be repaired or replaced . The senators' questions may be difficult to answer , since they pertain to an agency that has no leader, as they pointedly noted. "While the Committee awaits the nomination of a new NHTSA administrator , which we hope will take place soon , progress on repairing defective Takata inflators must continue ," the senators wrote. Thune and Nelson asked Chao for data on the manufacturer aud inflator type of the vehic les that have yet to be repaired ; whether NHTSA thinks the lack of available replacement parts is a problem and what they're doing 10 address it; wheUler NHTSA is satisfied with the phased recall ; and more. To view online click here. Back Tmmp's sluggish hiring could hamper anti -terror plans Back By Andrew Restuccia I 06/04/2017 07 :02 PM EDT President Donald Trump said Sunday that the United States needs to be "smart, vigilant and tough" after a terrorist attack rocked London. But the president's counter-terrorism strategy could be hindered by dozens of vacancies across the government , not least a permanent FBI director. Top ranks at the State Department remain largely unfilled , as are some key ambassadorships. Trump has not named anyone to lead the Transportation Security Administration , which screens peop le at airports , or to run the Homeland Security office charged with protecting tbe country's physical and cyber irrfrastructure. His choice to lead the Federa l Emergency Management Agency is awaiting Senate confirmation , but Trump bas not named a deputy. At tbe Justice Department , Tmmp has not nominated an assistant attomey general for tbe national security division. And he bas not nominated a deputy at the Office of the Director of National Intelligence or a director of the office's National Couoterterrorism Center. And, perhaps most crucially , Trump has not yet named a permanent leader of the FBI, which plays a central role in combating domestic terrorism. The president has continued to interview candidates for the job nearly a month after he fued James Corney. "This is a team sport," said Max Stier, the head of the nonpartisan Partnership for Public Service , which advised Tmmp's presidential transition on hiring. "It's critica l to have a full team." The While House did not provide any comment Sunday. 12 CEQ050FY18091_000000551 CEQ-18-0173-D-000098 Trump has filled some major national security jobs , including at the Defense Department , and he quickly replaced his first national security adviser , Michael Flynn , after he was fired in February. But hiring has been slow across the board, bogged down by an overwhelmed personnel office and disagreements among aides. In some cases - especially at State , where Trump named a secretary and deputy secretary but left many other posts open - Cabinet secretaries are still mulling a reorganization that might do away with certain positions. Trump armounced in January that be planned to nominate Robert "Woody" Johnson , tbe owner oftbe New York Jets , as the U.S. ambassador to the Uni ted Kingdom , whkb has been hit by two deadly terrorist attacks in recent weeks. But Trump bas yet to formally send Johnson's nomina tion to tbe Senate after more than four months in office. The leadership vacuum across the federal government bas at times kept Tnrmp from meeting promises made before he took office. He blew past a 90-day deadline to craft an anti-hacking strategy , with no clarity on who was in charge of the issue . Some experts said Trump's slowness to fill top jobs wouldn't prevent the federal government from responding to a terrorist threat because the FBI and DHS are staffed with long-serving experts. "Iu terms of an immedia te response to au attack , tbe agencies will probab ly do fine ," said Daniel Benjamin , who was the State Departmen t's counter-terror coordinator under President Barack Obama and now runs an interna tional studies center at Dartmouth College. "The real problems come later, when the administration bas to readjust strategy to deal with the threat, do tbe hard work of figuring out iftbere was a vulnerability in some security or immigration system , and then remedy it." Christian Marrone , who served as chief of staff to former DHS Secretary Jeb Johnson , said his bigger concern was Tnrmp's proposed budget , which boosted money for border security but called for cuts to programs that provide grants to cities states for counter-terrorism efforts. "The proposed cuts to state and local law enforcement are dangerous ," be said. "We must ensure the men and women on the front lines have the tools and training they need to handle such situations." Trump took to Twitter on Saturday and Sunday to call for a forceful response to terrorism and to take a few digs at London Mayor Sadiq Khan. "We must stop being politically correct and get down to the business of security for our people. If we don't get smart it will only get worse ," Trump wrote on Twitter . To view online click bere. Back Was this Pro content helpful ? Tell us what you think in one click . [Yes,] 13 CEQ050FY18091 _000000551 CEQ-18-0173-D-000099 Yes , very [Somewbat] Somewhat 782ff6b3 f3 l aa 1495d [Neutral] Neutral [Not] Not reaUy 8397b4cfa29df01 374f68f98b76a7 [Not] Not at all 71217 l a073f9eab944edc27ad45efc4fdd43ea0e4 l l4 L You received this POLITICO Pro conteut because your customi zed setlings include: Morning Transportation. To chan ge your alert settin gs, please go to https: //www.politicopro.com /settiugs [http://static.politico.com/06 /50/95d7f4ab434f9593f92909d5ec42 /politico-pro.gifj This email was sent to Adrian_ Arnakis @commerce.senate. gov by: POLITICO , LLC 1000 Wilson Blvd. Arli.ngton, VA , 22209 , USA 14 CEQ050FY18091 _000000551 CEQ-18-0173-D-000100 FW: MorningTransportation, presentedby Delta Air Lines:The infrastructure week remix- Who'sin, outof Trump'sATC planCommuterrailroadsto huddleon PTC progress From: "Arnakis, Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 05 Jun 2017 08 :57:40 -0400 Any specifics on what the POTUS might say about rural infrastructure favorite ru ra l infrastructure supporter? that you can share with your He'll make a speech highlight ing rural infrastructure Wednesday along the Ohio River From: POLITICO Pro Transportat ion [mailto:politicoemail@politicopro.com ) Sent: Monday, June S, 2017 5:43 AM To: Arnakis, Adrian {Commerce) Subject: Morning Transportation, presented by Delta Air lines: The infrastructure in, out of Trump's ATC plan - Commuter railroads to huddle on PTC progress week remix - Who 's By Lauren Gardner and Ta nya Snyder I 06/05/2017 05 :41 AM EDT With help.from Stephanie Beasley and Dan iel Lippman TIDS IS THE REMIX: ... to Infrastructu re Week , everyone. The White House announced Saturday it's kicking off its own week of iufrastmcture festivities, starting with "legislative princip les" President Donald Trump will sign today outlining his vision for Congress to split air traffic control operations away from the FAA , your MT co-host reports for Pros. House Tran sportation Committee Cbairman Bill Shuster (R-Pa.) , whose ATC spinoff legislation is the basis for the Whi te House plan , is expected to j oin Trump for the White House announcement today , and your Pro Transportation scribes have some early details. The principles: Our Kathryn A. Wolfe snagged a GBP.Qru'. of the White House principl es, which called Shust er's 2016 bill a "good foundation" that needs improvement and indicated the administration will back any effort that hews to myriad concep ts pertaining to fees, governance , labor and national security. The document also states that "the new entity 'must maintain access and services to rural commun ities and genera l aviation users' but doesn't outline how , beyond that DoD, diplomatic and public safe ty aircraft w ill be exempt from any fees," Kathy reports. The principles , again: Your MT co-host obtained another ~ of the principles late Sunday containing more details on the administration's expectations for military access and its ideal makeup of the board that wou ld oversee the new ATC body. The administration's proposa l 1 CEQ050FY18091 _ 000000554 CEQ-18-0173-D-000101 would give commercial airlines two seats on the board, as opposed to the four they commanded under Shuster's 2016 bill. The controllers' and pilots' unions would be represented by two seats, while general aviation and airports would each get a seat. The government would have two representatives. Those eight members would choose a CEO and then select four independent members to round things out. WHO'S IN/OUT: Nothing in either document suggests that general aviation users will be exempt from whatever fee structure the new governing body wou ld set - and that more than likely means general aviation groups won't get behind Trump's plan. However , it appears to include the principles that the National Air Traffic Controllers Association required to support Shuster's bill, primarily that they will essentially be able to retain their current pay and benefit structure under the new plan (which the union stressed to The New York Times must be a nonprofit entity for their support to remain steady). That spells, essentially, much the same battle lines as have already been drawn , assuming other tweaks the White House outlines aren't enough to sway either side. Lines in the sand: That all means the White House will have to court the myriad interest groups that have painted their own bright lines since Shuster began his effort in earnest. General aviation groups don't want user fees assessed against their usage of national airspace, and have worried about their representation on the board. National Economic Council Director Gary Cobo said Friday the administration will embrace user fees in lieu of the current excise tax system, but didn't get into specifics. Rural airports want to be sure they can maintain service; Cohn vowed that they and GA pilots would be "protected" under the overhaul. Wait, there's more: The makeup of the corporation's board is another major item to watch as aviation interests digest the administration's position . Shuster's 2016 bill would have given commercial airlines and their allies in labor the greatest share of board seats, a proposal that didn't sit wel] with many. Democrats have made a stink about the Pentagon not getting any representation on the board when DoD plays a significant role in monitoring U.S. airspace , and Trump's respect for the military is well-known. But any tinkering to its makeup could threaten the buy-in Shuster had previously won from his coal ition of supporters - though key players like Senate Commerce Chairman John Thune (R-S.D.) have already said changes must be made to the earlier iteration of the legislation to convince members with significant interests in the GA community to back any major ATC changes. Not to be outdone: Throughout the week, Trump will highlight his vision for other transportation modes like roads, ran and inland waterways. He'll make a speech highlighting rural infrastructure Wednesday along the Ohio River and will visit DOT headquarters on Friday to talk about the federal permittin g process. WELCOME TO MONDAY: Thanks for tuning in to POLITICO's Morning Transportation , your daily tipsheet on all things trains, planes, automob iles and ports. Send us tips, feedback and lyrics to tsnyder @politico .com or @TSnyderDC and lgardner@politico .com or @Gardner LM . "They say, walking women home is a thing of the past / Women want to ride and ride around in class / Some like Cadillacs, boys , some like Fords / Some like anything as long as it rolls ." (h/t John Edwards , Norfo lk Southern Corporation) 2 CEQ050FY18091 _000000554 CEQ-18-0173-D-000102 Want to keep up with MT's song picks? Follow our Spotify p laylist. WILL DEMS PLAY BALL? Democrats' outrage over the Trump administration's decision to stonewall lawmakers' requests for information unless they come from committee or subcommittee chairmen could make them less eager to work with the administration on infrastructure , reports John Bresnahan. PTC HELP WANTED: The American Public Transportation Association is holding an all-day meeting Wednesday with commuter railroads , FRA and congressional staff "to share lessons learned that will help commuter rail systems implement the federally mandated positive train contro l installation deadline ," per a spokeswoman. DOT just announced a slew of grants to railroads to help them with PTC implementation by the end of 2018 , but some commuter lines are lagging behind their counterparts to the point where FRA officials don't expect all of them to hit enough milestones to even qualify for a limited extension up to 2020 allowed under the law. The latest numbers: FRA published the first quarter 2017 statistics on PTC implementation Friday , and passenger railroads are still inching along compared to freight carriers responsible for a far greater share of route miles and locomotives. The number of passenger route miles in PTC operation even declined a percentage point between the first quarter of 2017 and the last quarter of 2016, due to some track being taken offline . What they're saying: Grant recipients MT reached said they would either meet the 2018 deadline outright (though some hedged and said they expect to), or hit enough of the benchmarks to qua lify for additional time. Many commuter lines have had a harder time complying with the requirement due to cost and resource constraints , which is why Congress authorized and appropriated nearly $200 million in grants for them to get the technology installed. But others like Metro link in Southern California and Philadelphia's SEPTA - stayed well ahead of the deadline and are close to having their systems certified , leaving some wondering why other bigcity systems like Chicago's Metra and Boston's Massachusetts Bay Transportation Authority are straggling. What they'll say: Congressional staff isn't expected to have much appetite for entertaining more wiggle room for railroads, though keep in mind we're still a year and a half away from the cutoff. FRA's hands are pretty tied under the law, and Obama-era Administrator Sarah Feinberg threatened noncompliant railroads with daily fines if they chose to flout the mandate's original 2015 deadline. But before Congress granted the extension, railroads had warned lawmakers of an unprecedented halt to interstate commerce that would occur under the status quo, as most would likely decide to stop operating altogether rather than taking on the liability of breaking the law. It'll be a tough sell to get Congress to provide more relief, given the structure of the current deadline and the progress made by some major commuter agencies. ** A message from Delta Air Lines: Our daily briefing : At Delta we're constantly innovating to make your travel smoother. We tapped RFID technology to keep your bags in check at all times. Giving you more peace of mind from check-in to baggage claim. Learn more: delta.com/dca ** THE WEEK AHEAD: 3 CEQ050FY18091 _000000554 CEQ-18-0173-D-000103 Monday - Trump signs legislative principles on an air traffic control overhaul at the White House. NHTSA kicks off a weeklong conference in Detroit on vehicle safety developments. Transportation Secretary Elaine Chao is expected to attend. Tuesday - Homeland Security Secretary John Kelly will testify before the Senate Homeland Security and Governmental Affairs Committee on the department's fiscal 2018 budget request. The National Air Transportation Association holds its annual Aviation Business Conference , and association members will meet with Senate offices to discuss the upcoming FAA reauthorization. Wednesday- Chao will appear before the Senate Commerce Committee to testify on FAA reauthorization. Later that evening , she will deliver remarks at a dinner hosted by the Competitive Enterprise Institute. The House Transportation Subcommittee on Coast Guard and Maritime Transportation will hold a hearing on the Coast Guard's air, land and sea capabilities. Thursday - Chao will testify before the House Transportation Committee on the FAA reauthorization. Senate Commerce holds a hearing to consider executive branch nominees , including Derek Kan to be undersecretary of transportation for policy and Robert Sumwalt to be member and vice chairman of the National Transportation Safety Board. The Hudson Institute hosts an infrastructure event featuring Sen. John Boozman (R-Ark.) and Virginia Transportation Secretary Aubrey Layne. Friday -Trump will be at DOT to announce more details on his infrastmcture plan. FMCSA PUTS BRAKES ON CRASH COMPENSATION IDKE: Bus and truck groups are celebrating the Federal Motor Carrier Safety Administration's decision to withdraw an advanced notice of proposed rulemaking that would have raised insurance requirements for buses and trucks so that they match the rising costs of medical care. As our Stephanie Beasley reports for Pros, the agency announced Friday that it would withdraw the proposa l, saying that it did not have sufficient data to support the change . The Owner-Operator lndependent Drivers Association quickly issued a statement celebrating the demise of what they considered a "potentially devastating regulation" for small truck companies. The American Bus Association agreed , saying individual companies can best determine what level of insurance is appropriate . WHO'S MINDING THE MINDERS? The FAA's system for training and evaluating check pilots - those that oversee and evaluate the commercia l pilots - isn't working, says a report released Friday by DOT's Inspector Genera l. The IG estimates that the FAA can't verify that 204 of3 ,334 check pilots received mandatory training or reviews by an FAA inspector. Further , the people who oversee check pilots are also not being properly authorized , with the FAA unable to prove the proper training and observation of as many as 4 1 percent of them between 2011 and 2015. Check pilots are also failing to meet requirements for recurring training and observation . Tanya has more for Pros. READ 'EM AND WEEP: FTA po sted a bunch ofWMATA's safety inspection data and corrective action plans online Friday . FTA bas bad direct safety oversight of WMA TA since October 2015 and makes no bones about the fact that it's looking forward to being rid of it though first, Virginia , Maryland and the District of Columbia have to build a State Safety Oversight Program that complies with federal guidelines , something FTA bas complained is 4 CEQ050FY18091_000000554 CEQ-18-0173-D-000104 taking too long. Inspection reports, SafeTrack data, oversight reports and more are now available for the viewing pleasure of transit nerds and masochists. POST-TURKEY DAY DELAY: FRA has delayed its system safety rule for passenger railroads for another six months , the agency announced late Friday in a pre-publication notice in the Federal Register. The agency says it needs the longer window to review petitions for reconsideration ; some state DOTs that sponsor rail service have expressed concern that they're considered "railroads" responsible for developing r isk reduction plans under the rule when they don't actually operate trains. MT MAILBAG: Thune and ranking member Bill Nelson (D-Fla.) asked Transportation Secretary Elaine Chao Friday for answers about the Takata airbag recall. The move came the day after Nelson released new independent figures showing that two-thirds of airbag inflators subject to the recall have yet to be repaired or replaced. More for Pros here . ARRIVAL LOUNGE: Heath Hall starts this week as FRA's deputy administrator. The Mississippi native bas a public relations background and did stints early in his career in the George H.W. Bush administration. Reagan Payne is starting on June 12 at Cruise Automation , an autonomous vehicle startup out of San Francisco that was acquired by GM last year. She'll be on Rebecca Mark's D.C.-based government relations team and will manage the eastern region . Payne previously worked for Rep. Susan Brooks (R-Ind.). THE AUTOBAHN: - "Supreme Court sets deadline for travel ban filings." POLITICO . - "Fresh safety concerns hang over global airlines conference." Reuter s. - "G.M. Wants to Drive the Future of Cars That Drive Themselves." The New York Times . - "In Germany , Metro's troubles garner sympathy from around the world." The Washington Post. - "Trump's slugg ish hiring could hamper anti-terror plans." POLITICO . - "America's Truckers Embrace Big Brother After Costing Insurers Millions." The Wall Street Journal. THE COUNTDOWN: DOT appropriat ions run out in 118 days. The FAA reauthorization expires in 118 days. Highway and transit policy is up for renewal in 1,214 days. THE DAY AHEAD: 8 a.m. - NHTSA's Office of Vehicle Safety holds its biennial International Technical Conference on the Enhanced Safety of Vehicles. This year's event in Detroit is focused on "Innovations in Vehicle Safety." 5 CEQ050FY18091_000000554 CEQ-18-0173-D-000105 2 p.m. -T he Atlantic Council hosts a discussion with Bill Ford, executive chairman of Ford Motor Company , on the "future of mobility and its globaJ implications." Register here . 1030 15th St. NW , 12th floor. Did we miss an event? Let MT know at transpocalendar@politicopro.com . ** A message from Delta Air Lines: Our daily briefing: At Delta we're constantly innovating to make your travel smoother. We tapped into RFID technology to keep you r bags in check at all times. Giving you more pea ce of mind from check- in to baggage claim. Our pursuit of constantly solving problems doesn't stop there. Turbulence is notoriously difficult to predict. That's why we developed our industry-leading Flight Weather V iewer app. It helps our pilots better spot and avoid unexpected turbulence with real-time graphics of observations and forecasts on the flight deck. Making your journey smoother while also reducing our carbon footprint. Learn more: delta.com/dca ** To view online: https ://www.politicopro .com/tipsheets /morning -trans portation/2017 /06/the-infrastructure -weekremix-023139 Stories from POLITICO Pro Trump pivots to infrastructure as be enters bruising week Back By Lauren Gardner I 06/03/2017 02: 16 PM EDT The White House next week plans a full-throated infrastructu re push , including unveiling more details on its vision for ove rhauling both the nation's air traffic contro l system and federal permitting requiremen ts for road projects. The administration will spend several days rolling out at least some more details about priorities for its $1 trillion infrastructure p lan and talking up the need for additional investment , during a week that's otherwise expected to be full of loud and potentia lly damaging news about the FBI and Russia. So far the adm inistration has offered few details on its infrastructure proposals, aside from a sixpage fact sheet it slipped into its 2018 budget proposa l last month. President Donald Trump will kick off the week Monday in the Oval Office by rolling out legislative principles encouraging Congress to split air traffic control away from the Federal Aviation Administration and place it under a private , non-governmental entity - a controversial idea that has nm into flak from lawmakers of both parties and sectors of the aviation industry itself. On Wednesday , he'll travel to Ohio and Kentucky for a speech that touches on waterways and rural America , followed by a Thursday meeting in the White House with mayors and governors and a Friday add ress at the Departmen t of Transportation. 6 CEQ050 FY18091_000000554 CEQ-18-0173-D-000106 In outlining its FAA principles, the administration will also propose changes in the way it pays for much of the nationa l aviation system , Nationa l Economjc Council Director Gary Cohn said Friday. He said it will embrace user fees in place of the current excise tax system , similar to a Republican plan expected in the House. Cohn also stressed that the administration will aim to ensure genera l aviation pilots and rural airports are "prote cted" under the air traffi c control overhaul. That suggests that whatever the administration puts out next week will seek to blunt the serious cri6ci sm that business aviation interests and rural interests , both of which hold sway in the Senate , have leveled against past proposals. "There are enormous benefits for all U.S. citizens in doin g this," Cohn told reporters Friday. Air traffic control legislation that House Transportation Committee Chairman Bill Shuster (RPa.) offered in 2016, and which he is expected to introduce again this summer, provided the startin g point for those principles, a White House official said. Though they'll be "very simi lar," he said to expect some differences -- though he would not elaborat e. "This will be more like principles you would see in a transmittal to the Hill that is more spec ific in terms of what the administrat ion supports , and lays out a framework for Congress to then draft legislation off of," the White House official said. The White House's fiscal 2018 budget blueprint include d a three-page fact sheet praising certa in concepts in Shuster's plan , but with few other details. Monday's announcement will be the most revealing look yet at the administration's thinkin g on the issue. Shuster is expected to attend the White Hou se festivities , which will include an announcement in the Rose Garden. In his speech Wednesday in Ohio and Kentucky , Trump will outline more about his infrastructure vision and how his administration plans to support rural and "transformative" projects. Cohn noted that inland waterways in particular rely largely on federa l money for maintenance - Trump's budget proposed creat ing a fee to boost the money paid by comme rcial users of the system . That visit is sure to include overtures to rural states that have registered concerns about the administration's reliance on pub lic-private partnerships to help leverage financing toward the $1 trillion goal of his infrastruc ture plan. State officials and lawmakers especially in rural areas have repeatedly cautioned against leaning too heavily on these kinds of partnerships , because the kinds of projects investors are will ing to risk cap ital on require recouping their money through through tolling or othe r fees , which is considered less practical in less-populated areas. Wfote House officials said infrastructure spend ing in rural areas under their plan won't look much different from current public spending , but they'll be looking to cities and some states to take on more of their infrastructure needs and create revenue streams to fund them. One thing the Wh ite House won't spend much time on next week is getting more specific on bow it plans to cover the federal share of its infrastructure vision. Officials have yet to determine how much of that work they'll leave to Congress . 7 CEQ050 FY18091_000000554 CEQ-18-0173-D-000107 "We're currently debating the best way to approach that," an administration official said. The White House will host a bipartisan group of governo rs and mayors to talk about infrastructure on Thursday , and on Friday Trump will give a speech at DOT on overhauling regulations around roads and rail , with a focus on changes to the permitting process for those projects. "Time is money," Cohn said. "The cost of infrastructure goes up dramatically as time goes on in the approval proces s." To view online click here. White House FAA principles sketch out nonprofit , user fee-driven entity Back By Kathryn A. Wolfe I 06/ 04/ 2017 04:48 PM EDT The White House Monday will propo se a new nonprofit, non-governmental entity to contro l the nation's air traffic control system , hewing to a non-governmental structure that will mean lower fees than "the patchwork combination of aviation taxes paid today ," according to a document of principles obtained by POLITICO. The document praises last yea r's bill from Rep. Bill Shuster, calling it a "good foundation" that needs improvement , and suggest ing it will support any effort that meets principles it lays out in a document that will be released Monday. Those princip les include ensuring safety and Defense Department access, as well as "open access" to the national airspace for general aviation and emerging technologies such as drones , though the document notes "new entrants ... would still be subject to the new entity's fee structure." It also says the new entity "must maintain access and services to rural communities and genera l aviation users" but doesn't outline how, beyond that DoD, diplomatic and public safety aircraft will be exempt from any fees. It also supports sunsetting taxes except "some existing aviation taxes" necessary to continue support for the AIP program . User fees , the document says, should be established based on "ICAO principles such as aircraft weight and distance flown." The White House will propose no congress ional approval of any new fees set by th.e entity , but notes the "users of the airspace should have the ability to request the secretary of Transportation to determine whether the fees are 'reasonable."' The new entity , the document notes, should be managed by a board of directors , but that board seats "should not be owned by any entity" and that though the initial board will be "nominated by major stakeholders ," none of them will have the right to name a successor. 8 CEQ050FY18091 _000000554 CEQ-18-0173-D-000108 The document also suggests that the National Air Traffic Controllers Association should remain on board with the proposal , considering that it says the new entity should "honor existing labor agreements" and that any employees transferring to the new entity should be "kept whole in terms of pay and benefits" and be able to continue to participate in federal retirement and health care plans. The White House also will propose a transition period for the new entity of no more than there years, with extensions subject to presidential approval. The document also outlines support for allowing the new authority to "adjust airspace routes" subje ct to FAA approval , however the FAA would only be empowered to approve or deny based on safety, not NEPA To view online click here. Democrats outraged by Trump ban on info requests Back By John Bresnahan I 06/02/2017 06:58 PM EDT Hill Democrats are outraged by a new Tnunp administration policy to ignore information requests from members and senators unless they come from committee or subcommittee chairs. They argue it's part of a broader pattern by the White House , designed to make the executive branch less respon sive to Congress . And they say it effectively locks them out of information necessary for govern ment oversight. From refusing to release White House visitor logs to scrubb ing agency websites of health and safety data and refusing to respond to simple media requests on goverrunent operations - or even admitting whether President Donald Trump is playing golf or not - the Trump administration has made it harder for Democrats and the press to find out what is going on inside the White House and federal agencies . This effort is sometimes being aided by Republicans on Capitol Hill, or undertaken at their behest. For instance , House Financial Services Comm ittee Chairman Jeb Hensarling (R-Texas) has asked federal agencies to refuse to comply with Freedom oflnformation Act requests designed to find out what data his panel is seeking from those agencies . Such FOIA inquiries are routinely made by journalists , lobbyists and political operatives. News organizations have strenuously objected to Hensarling's demand. But the latest initiative by the Trump admin istration - backed by a May 1, 2017 , opinion drafted by the Office of Legal Counse l of tbe Justice Department - bas crossed a once unthinkable line, Democrats argue. 9 CEQ050 FY18091_000000554 CEQ-18-0173-D-000109 Under this new policy , Democrats - as the minority party- would be limited in their ability to get informat ion from the agencies unless the request was supported by a Republican chairmen. Since the GOP controls both the House and Senate , this would effectively give Republicans a veto over such information requests. "Every member of Congress represents hundreds of thousands of American citizens who expect their representatives in the House and Senate to fulfill their duty under the Constitution to act as a check on the executive branch in order to promote the proper functioning of federal agencies and departments ," said Rep. Elijah Cummings (D-Md.) , ranking member on the Oversight and Government Reform Committee. "We cannot do our jobs if the Trump administration adopts this unprecedented new policy of refusing to provide any information to Congress unless a request is backed by the implicit threat of a subpoena. This has never been the standard for responding to congressional inquiries - and it should not take the threat of a subpoena to pry information free from this administration." Cummings added: "This is the latest in a series of abuses by the Trump administration to operate in a shroud of secrecy, hiding their actions from federal ethics officials , the Government Accountabi lity Office, the media , Congress , and the American people." However , relying on the OLC opinion , White House officials say they do not have to respond to any requests from individual lawmakers , or those that do not come through a committee. "'Oversight' is a constitutional power which Congress exercises through its established committees and their chairmen ," said Lindsay Walters, a White House spokeswoman. "This legal advice provides much needed clarity to the executive branch so that the administration can ensure resources are effectively dedicated to accommodating authorized congressional oversight requests and responding to nonoversight requests , independent of the political party of the requester." According to the OLC opinion , no minority lawmaker - including the ranking member of a full committee - may request information without the approval of committee or subcommittee chair. "Individual members of Congress , including ranking minority members , do not have the author ity to conduct oversight in the absence of a specific delegation by a full house, committee , or subcommittee ," OLC asserted . "Accordingly , the Executive Branch's longstanding policy has been to engage in the established process for accommodating congressiona l requests for information only when those requests come from a committee , subcommittee , or chairman authorized to conduct oversight." OLC added: "Members who are not committee or subcommittee chairmen sometimes seek information about executive branch programs or activities , whether for legislation, constituent service , or other legitimate purposes (such as Senators' role in providing advice and consent for presidential appointments) in the absence of delegated oversight authority. In those nonoversight contexts , the Executive Branch has historically exercised its discretion in determining whether and how to respond , following a general policy of providing only documents and information that are already public or would be available to the public through the Freedom oflnformation 10 CEQ050FY18091 _000000554 CEQ-18-0173-D-000110 Act ... Whether it is appropriate to respond to requests ... from individual members will depend on the circumstances. In general, agencies have prov ided information on ly when doing so would not be overly burdensome and would not interfere with their ability to respond in a timely manner to duly authorized oversight requests." The OLC memo was drafted by Curtis Gannon , the acting assistant attorney general. To view online click here. FMCSA opting not to increase bus liability coverage requir eme nts Back By Stephanie Beasley I 06/02/2017 11:52 AM EDT The Federal Motor Carrier Safety Administration announced today that it will withdraw a proposal to increase the amount of compensation for victims of bus and truck crashes. FM CSA first issued a notice of advanced rulemaking in 2014 saying it was considering hiking the minimum levels of liability insurance coverage required for buses and trucks . The levels are currently set at $5 million for buses and $750,000 for trucks . But the agency announced this morning that it is now withdrawing the notice, citing a lack of evidence to support the economic benefits of providing more compensation for crash victims. "FM CSA has determined that it has insufficient data or information to support moving forward with a rulemaking proposal , at this time," the agency said, according to a notice issued today. The proposal to increase the insurance requirement has been supported by consumer safety groups. However, the American Bus Association bas opposed the measure , saying it should be left up to individual carr iers to decide what levels of insurance to carry. The group applauded FMCSA's decision to withdraw the proposa l. To view online click here. IG: FAA's system for evaluating check pilots is broken Back By Tanya Snyder I 06/02/2017 O1:44 PM EDT The FAA doesn't do enough to ensure that check pilots - those that oversee and evaluate the 71,500 pilots employed by commercial airlines - get the required training and observation , according to a new report from DOT's Inspector General. 11 CEQ050FY18091 _000000554 CEQ-18-0173-D-000111 Based on their sample , the IG estimates that 204 of 3,334 air carrier check pilots may not have been properly authorized , meaning FAA failed to verify that they received mandatory training or have not been reviewed by an FAA inspector. Further , FAA is unable to verify that as many as 41 percent of its 600 aircrew program designees - which oversee check pilots - were properly trained and observed prior to authorization between 2011 and 2015. "As a result , FAA cannot ensure that check pilots and APDs have met key requirements needed to evaluate pilots' knowledge and skills," wrote the IG. Check pilots are also failing to meet requirements for recurring training and observation , with nine check pilots at one carrier failing to get any training at all in 2015 , "including four that had not received training since 2012 yet are still serving as check pilots." The IG determined that FAA's guidance isn't clear enough that inspectors are charged with ver ifying recurrent training requirements. FAA concurred with six of their seven recommendations to improve oversight of check pilots and APDs ; the IG is requesting additional information for the last one. To view online click here. Nelson: Leaderless NHTSA exacerbating poor Takata recall compliance Back By Tanya Snyder I 06/01/2017 12:38 PM EDT Sen. Bill Nelson said today that two-thirds of recalled Takata airbag inflators are still unrepaired , more than eight years after the first recall was announced - and said it doesn't help that the Nationa l Highway Traffic Safety Administration still has no confirmed leader. "We've got to pick up the pace on boosting production of replacement inflators and assisting consumers who need to get their vehicles fixed," said Nelson in a statement. The independent Takata monitor's numbers , provided to Nelson , show that approximately 30 million inflators remain unrepaired of the 46 million whose owners have received notices that they are subject to the recall. Nelson said the fact that NHTSA has been without a confirmed administrator since January is "only compounding the problem ," according to the statement. "We're in desperate need of a leader who will commit to resolving this Takata mess ," Nelson said. "At the rate we're going , we might land humans on Mars before all of these deadly inflators are off the road ." Of the 46 million recall notices sent, 8.8 million of them advised owners that replacement parts were not yet available. 12 CEQ050FY18091_000000554 CEQ-18-0173-D-000112 While the problem of shrapnel flying out of Takata airbags first became known in 2008 - and Takata executives knew about it four years before that - the recall expand ed to a nationwide effort in May 20 15, and the scope then doubl ed in May 2016 to include 35-40 million more airbag inflators to be recalled on a staggered schedule until the end of 2019. To view online click here. Thune , Nelson ask a leaderless NHTSA for answers about Taka ta recaU Back By Tanya Snyder I 06/02/2017 03: 13 PM EDT Senate Commerce Chairman John Thune (R-S.D .) and rankin g member Bill Nelson (D-Fla.) asked Transportation Secretary Elaine Chao today for answers about the Takata airbag recall, which is underperforming expectations . The move comes one day after Nelson released new independent figures showing that two-thirds of airbag inflators subject to the recall have yet to be repaired or replaced. The senators' questions may be difficult to answer , since they pertain to an agency that bas no leader , as they pointedly noted. "While the Committee awaits the nomination of a new NHTSA administrator , which we hope will take place soon, progress on repairing defective Takata inflators must continue," the senators wrote. Thune and Ne lson asked Chao for data on the manufacturer and inflator type of the vehicles that have yet to be repaired ; whether NHTSA thinks the lack of available replacement parts is a problem and what they're doing to address it; whether NHTSA is satisfied with the phased recall; and more. To view online click here. Trump's sluggish hiring could hamp er anti-terror plans Back By Andrew Restuccia I 06/04/2017 07:02 PM EDT President Donald Trump said Sunday that the United States needs to be "smart, vigilant and tough" after a terrorist attack rocked London. But the pres ident's counter -terrorism strategy could be hindered by dozens of vacancies across the government , not least a permanent FBI director. Top ranks at the State Department remain largely unfilled, as are some key ambassadorship s. Trump has not named anyone to lead the Transportation Security Administration , which screens people at airports , or to run the Homeland Security office charged with protectin g the country's 13 CEQ050 FY18091_000000554 CEQ-18-0173-D-000113 physical and cyber infrastructure. His choice to lead the Federal Emergency Management Agency is awaiting Senate confirmation, but Trump has not named a deputy . At the Justice Department , Trump has not nominated an assistant attorney general for the national security di vision. And he has not nominated a deputy at the Office of the Director of National Intelligence or a director of the office's National Counterterrorism Center. And, perhaps most crucially, Trump has not yet named a permanent leader of the FBI, which plays a central role in combating domestic terrorism. The president has continued to interview candidates for the job nearly a month after he fired James Corney. "This is a team sport," said Max Stier, the head of the nonpartisan Partnership for Public Service , which advised Trump's presidential transition on hiring. "It's critical to have a full team." The White House did not provide any comment Sunday. Trump has filled some major national security jobs , including at the Defense Department , and he quickly replaced his first national security adviser , Michael Flynn, after he was fired in February. But hiring has been slow across the board , bogged down by an overwhelmed personnel office and disagreements among aides. In some cases - especially at State, where Trump named a secretary and deputy secretary but left many other posts open - Cabinet secretaries are still mulling a reorganization that might do away with certain positions. Trump announced in January that he planned to nominate Robert "Woody" Johnson , the owner of the New York Jets , as the U.S. ambassador to the United Kingdom, which has been hit by two deadly terrorist attacks in recent weeks. But Trump has yet to formally send Johnson's nomination to the Senate after more than four months in office. The leadership vacuum across the federal government has at times kept Trump from meeting promises made before he took office. He blew past a 90-day dead line to craft an anti-hacking strategy , with no clarity on who was in charge of the issue. Some experts said Trump's slowness to ftll top jobs wouldn't prevent the federal government from responding to a terrorist threat because the FBI and DHS are staffed with long-serving experts. "In terms of an immediate respon se to an attack, the agencies will probably do fine," said Daniel Benjamin , who was the State Department's counter-terror coordinator under President Barack Obama and now runs an international studies center at Dartmouth College. "The real probl ems come later, when the admini stration has to readjust strategy to deal with the threat, do the hard work of figuring out ifth ere was a vulnerability in some security or immigration system , and then remedy it." Christian Marrone , who served as chief of staff to former DHS Secretary Jeh Johnson , said his bigger concern was Trump's proposed budget , which boosted money for border security but called for cuts to programs that provide grants to cities states for counter-terrorism efforts. 14 CEQ050FY18091 _000000554 CEQ-18-0173-D-000114 "The proposed cuts to state and loca l law enforcement are dangerous ," he said. "We must ensure the men and women on the front lines have the tools and training they need to handle such situations." Trump took to Twitter on Saturday and Sunday to call for a forceful response to terrorism and to take a few digs at London Mayor Sadiq Khan . "We must stop being politically correct and get down to the business of security for our people. If we don't get smart it will only get worse," Trump wrote on Twitter. To view online click here. Was this Pro content helpful? Tell us what you think in one click . Yes . ve ry Somewhat Not reall y Not at all You received this POLITICO Pro content because your customized settings include: Morning T ransportation . To change your alert settings , please go to https: //www.politicopro .com/settings X This email was sent to Adrian_Arnakis @commerce.senate.gov by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA 15 CEQ050 FY18091_000000554 CEQ-18-0173-D-000115 Re: MorningTransportation, presentedby Delta Air Lines:The infrastructure week remix- Who'sin, outof Trump'sATC planCommuterrailroadsto huddleon PTC progress From: To: "Arnakis, Adrian (Commerce)" Date: Mon, 05 Jun 2017 09:05:37 -0400 Not yet. Sent from my iPhone On Jun 5, 2017. at 8:58AM. Amakis, Adrian(Commerce) wrote: Any specifics on what the POTUSmight say about rural infrastructure that you can share with your favorite rural infrastructure suppor ter? He'll make a speech highlighting rural infrastructure Wednesday along the Ohio River From:POLITICOPro Transportation [mailto:politicoemail@politicopro.com ] Sent:Monday, June 5, 2017 5:43 AM To: Arnakis, Adrian (Commerce) Subject : Morning Transportation, presented by Delta Air Lines: The infrastructure week remix Who's in, out of Trump's ATC plan - Commuter rai lroads to huddle on PTCprogress By Lauren Gardner and Tanya Snyder I 06/05/2017 05:41 AM EDT With help fi'om Stephanie Beasley and Daniel Lippman THIS IS THE REl\UX: ... to Infrastructure Week, everyone. The White House announced Saturday it's kicking off its own week of infrastructure festivities , starting with "legislative principles" President Donald Trnmp will sign today outlining his vision for Congress to split air traffic control operations away from the FAA , your MT co-bost reports for Pro s. House Transportation Committee Chaim1an Bill Shuster (R-Pa. ), whose A TC spinoff legislation is the basis for the White House plan, is expected to join Trump for the White House announcement today, and your Pro Transportation scribes have some early details. The principles: Our Kathryn A. Wolfe snagged a ~ of the White House principles , which called Shuster's 20 16 bill a "good foundation" that needs improvement and indicated the administration will back any effort that hews to myriad concepts pertaining to fees, governance , labor and nationa l security. The document also states that "the new entity 'must 1 CEQ050FY 18091 _ 000002758 CEQ-18-0173-D-000116 maintain acces s and services to rural communities and general aviation users' but doesn't outline how, beyond that DoD , diplomatic and public safety aircraft will be exempt from any fees," Kathy reports . The princip les, again: Your MT co-host obtained another ~ of the principles late Sunday containing more details on the administration's expectations for military access and its ideal makeup of the board that would oversee the new ATC body . The administration's proposal would give commercia l airlines two seats on the board, as opposed to the four they commanded under Shuster's 2016 bill. The controllers' and pilots' unions would be represented by two seats, while general aviation and airports would each get a seat. The government would have two representati ves. Those eight members would choose a CEO and then select four independent members to round things out. WHO'S IN/OUT: Nothing in either document suggests that general aviation users will be exempt from whatever fee structure the new governing body would set - and that more than likely means general aviation groups won't get behind Trump's plan. However , it appears to include the principles that the National Air Traffic Controllers Association required to support Shuster's bill, primarily that they will essentially be able to retain their current pay and benefit structure under the new plan (which the union stressed to The New York Times must be a nonprofit entity for their support to remain steady). That spells , essentially , much the same battle lines as have already been drawn , assuming other tweaks the White House outlines aren't enough to sway either side. Lines in the sand: That all means the White House will have to court the myriad interest groups that have painted their own bright lines since Shuster began bis effort in earnest. General aviation groups don't want user fees assessed against their usage of national airspace , and have worried about their representation on the board . National Economic Council Director Gary Cohn said Friday the administration will embrace user fees in lieu of the current excise tax system, but didn't get into specifics. Rural airports want to be sure they can maintain service ; Cohn vowed that they and GA pilots would be "protected" under the overhaul. Wait, there's more: The makeup of the corporation's board is another major item to watch as aviation interests digest the administration's position. Shuster's 2016 bill would have given commercial airlines and their allies in labor the greatest share of board seats, a proposal that didn't sit well with many . Democrat s have made a stink about the Pentagon not getting any representation on the board when DoD plays a significant role in monitoring U.S. airspace , and Trump's respect for the military is well-known. But any tinkering to its makeup could threaten the buy-in Shuster had previously won from his coalition of supporters - though key players like Senate Commerce Chairman John Thune (R-S.D.) have already said changes must be made to the earlier iteration of the legislation to convince members with significant interests in the GA community to back any major ATC changes. Not to be outdone: Throughout the week , Trump will highlight his vision for other transportation modes like roads , rail and inland waterways. He'll make a speech highlightin g rural infrastructure Wednesda y along the Ohio River and will visit DOT headquarters on Friday to talk about the federal permitting process . 2 CEQ050FY18091 _000002758 CEQ-18-0173-D-000117 WELCOME TO MONDAY: Thanks for tuning in to POLITICO's Morning Transportation , your daily tipsheet on alJ things trains, planes , automobiles and ports. Send us tips, feedback and lyrics to tsnyder@politico.com or @TSnyderDC and lgardner@polit ico.com or @Gardner LM . "They say, walking women home is a thing of the past / Women want to ride and ride around in class I Some like Cadillacs, boys, some like Fords / Some like anything as long as it rolls ." (h/t John Edwards , Norfolk Southern Corporation) Want to keep up with MT's song picks? Follow our Spotify playlist. WILL DEMS PLAY BALL? Democrats' outrage over the Trump administration's decision to stonewa ll lawmakers' requests for informat ion unless they come from committee or subcom.mjttee chairmen could make them less eager to work with the administration on infrastructure , reports John Bresnahan. PTC HELP WANTED: The American Public Transportation Association is holding an allday meeting Wednesday with commuter railroads , FRA and congressional staff "to share lessons learned that will help commuter rail systems implement the federally mandated positive train control installation deadline ," per a spokeswoman. DOT just announced a slew of grants to railroads to help them with PTC implementation by the end of 2018, but some commuter lines are lagging behind their counterparts to the point where FRA officials don't expect all of them to hit enough milestones to even qualify for a limited extensio n up to 2020 allowed under the law. The latest numbers: FRA published the first quarter 2017 statistics on PTC implementation Friday, and passenger railroads are still inching along compared to freight carriers responsible for a far greater share of route miles and locomotives . The number of passenger route miles in PTC operation even declined a percentage point between the first quarter of2017 and the last quarter of 2016, due to some track being taken offljne. What they're saying: Grant recipients MT reached said they would either meet the 2018 deadline outright (though some hedged and said they expect to), or hit enough of the benchmarks to qualify for additional time. Many commuter lines have had a harder time complying with the requirement due to cost and resource constraints, wh ich is why Congress authorized and appropriated nearly $200 million in grants for them to get the technology installed. But others - like Metrolink in Southern California and Philadelphia's SEPTA stayed well ahead of the deadline and are close to having their systems certified, leaving some wondering why other big-city systems like Chicago' s Metra and Boston's Massachusetts Bay Transportation Authority are straggling. What they'll say: Congressional staff isn't expected to have much appetite for entertaining more wiggle room for railroads , though keep in mind we're still a year and a half away from the cutoff. FRA's band s are pretty tied tmder the law, and Obama-era Administrator Sarah Fe inberg threatened noncompliant railroads with daily fines if they chose to flout the mandate's original 2015 deadline. But before Congress granted the extension , railroads had warned lawmakers of an unprecedented halt to inter state commerce that would occur under the status 3 CEQ050 FY18091_000002758 CEQ-18-0173-D-000118 quo, as most would likely decide to stop operating altogether rather than taking on the liability of breaking the law. It'll be a tough sell to get Congress to provide more relief , given the structure of the current deadline and the progress made by some major commuter agencies. ** A message from Delta Air Lines: Our daily briefing: At Delta we're constantly innovating to make your travel smoother. We tapped RFID technology to keep your bags in check at all times. Giving you more peace of mind from check-in to baggage claim. Learn more: delta.com/dca ** THE WEEK AHEAD: Monday - Trump signs legislative principles on an air traffic control overhaul at the White House. NHTSA kicks off a weeklong conference in Detroit on vehicle safety developments. Transportation Secretary Elaine Chao is expected to attend. Tuesday - Homeland Security Secretary John Kelly will testify before the Senate Homeland Security and Governmental Affairs Committee on the department's fiscal 2018 budget request. The National Air Transportation Association holds its annual Aviation Business Conference , and association members will meet with Senate offices to discuss the upcoming FAA reauthorization. Wednesday - Chao will appear before the Senate Commerce Committee to testify on FAA reauthorization. Later that evening , she will deliver remarks at a dinner hosted by the Competitive Enterprise Institute. The House Transportation Subcommittee on Coast Guard and Maritime Transportation will hold a hearing on the Coast Guard's air, land and sea capabilities. Thursday - Chao will testify before the House Transportation Committee on the FAA reauthorization. Senate Commerce holds a hearing to consider executive branch nominees , including Derek Kan to be undersecretary of transportation for policy and Robert Sumwalt to be member and vice chairman of the National Transportation Safety Board. The Hudson Institute hosts an infrastructure event featuring Sen. John Boozman (R-Ark.) and Virginia Transportation Secretary Aubrey Layne. Friday - Trump will be at DOT to announce more details on his infrastructure plan. FM CSA PUTS BRAKES ON CRASH COMPENSATION HIKE: Bus and truck groups are celebrating the Federal Motor Carrier Safety Administration's decision to withdraw an advanced notice of proposed rulemaking that would have raised insurance requirements for buses and trucks so that they match the rising costs of medical care. As our Stephanie Beasley reports for Pros, the agency announced Friday that it would withdraw the proposal , saying that it did not have sufficient data to support the change. The Owner-Operator Independent Drivers Association quickly issued a statement celebrating the demise of what they considered a "potentially devastating regulation" for small truck companies. The American Bus Association agreed, saying individual companies can best determine what level of insurance is appropriate. WHO'S MINDING THE MINDERS? The FAA's system for training and evaluating check pilots - those that oversee and evaluate the commercial pilots - isn't working , says a report released Friday by DOT's Inspector General. The IG estimates that the FAA can't verify that 4 CEQ050FY18091 _000002758 CEQ-18-0173-D-000119 204 of 3,334 check pilots received mandatory training or reviews by an FAA inspector. Further , the people who oversee check pilots are also not being properly authorized , with the FAA unable to prove the proper train ing and observation of as many as 41 percent of them between 2011 and 2015. Check pilots are also failing to meet requirements for recurring training and observation. Tanya has more for Pros. READ 'EM AND WEEP: FTA posted a bunch of WMA T A's safety inspection data and corrective action plans on line Friday. FTA has had direct safety oversight of WMA TA since October 2015 and makes no bones about the fact that it's looking forward to being rid of it though first , Virginia , Maryland and the District of Columbia have to build a State Safety Oversight Program that complies with federal guidelines , someth ing FT A has complained is taking too long. Inspection reports , SafeTrack data , overs ight reports and more are now availab le for the viewing pleasure of transit nerds and masochists. POST-TURKEY DAY DELAY: FRA has delayed its system safety rule for passenger railroads for another six months , the agency annou nced late Friday in a pre-publication notice in the Federal Register. The agency says it needs the longer window to review petitions for reconsideration; some state DOTs that sponsor rail service have expressed concern that they're considered "railroads" responsible for developing risk reduction plans under the rule when they don't actually operate trains. MT MAILBAG: Thune and ranking mernber Bill Nelson (D-Fla .) asked Transportation Secretary Elaine Chao Friday for answers about the Takata airbag recall. The move came the day after Nelson released new independent figures showing that two-thirds of airbag inflators subject to the recall have yet to be repaired or replaced. More for Pros here . ARRIVAL LOUNGE: Heath Hall starts this week as FRA's deputy administrator. The Mississippi native has a public relations background and did stints early in his career in the George H.W. Bush administration. Reagan Payne is starting on June 12 at Cruise Automation , an autonomous vehicle startup out of San Francisco that was acqui red by GM last year. She'll be on Rebecca Mark's D.C.-b ased government relations team and will manage the eastern region. Payne previously worked for Rep. Susan Brooks (R-Ind.). THE AUTOBAHN: - "Supreme Court sets deadline for travel ban filings." POLITICO . - "Fresh safety concerns hang over global airlines conference ." Reuters . - "G.M. Wants to Drive the Future of Cars That Dri ve Them selve s." The New York Times . - "In Germany , Metro's troubles garner sympathy from around the world ." The Washington Post. - "Trump's sluggish hiring could hamper anti-terror plans." POLITICO . - "America's Truckers Embrace Big Broth er After Costing Insur ers Millions." The Wall Street Journal. 5 CEQ050FY18091 _000002758 CEQ-18-0173-D-000120 THE COUNTDOWN: DOT appropriations run out in 118 days. The FAA reauthorization expires in 118 days . Highway and transit pol icy is up for renewal in 1,214 days. THE DAY AHEAD: 8 a.m. -NHTSA's Office of Vehicle Safety holds its biennial International Technical Conference on the Enhanced Safety of Vehicles. This year's event in Detroit is focused on "Innovations in Vehicle Safety." 2 p.m. -The Atlant ic Counc il hosts a discussion with Bill Ford , execut ive chairman of Ford Motor Company, on the "future of mobility and its global implication s." Register here. 1030 15th St. NW , 12th floor. Did we miss an event? Let MT know at transpocal endar @politicopro.com . ** A message from Delta Air Lines: Our daily briefin g: At Delta we're constantly innovating to make your travel smoother. We tapped into RFID technology to keep your bags in check at all times. Giving you more peace of mind from check-in to baggage claim. Our pursuit of constantly solving problems doesn't stop there. Turbulence is notoriously difficult to predict. That's why we develop ed our industry-lea ding Flight Weather Viewer app. It helps our pilots better spot and avoid unexpected turbulence with real-time graphics of observations and forecasts on the flight deck. Making your journey smoother while also reducing our carbon footprint. Learn more: delta.com/dca ** To view online: l1ttps://www .politico pro .com/tipsheets /morning -transportation /2017/06/the-infrastructu reweek-remix-023139 Stories from POLITICO Pro Trump pivots to infra structure as he enter s bruising week Back By Lauren Gardn er I 06/03/2017 02:16 PM EDT The White House next week plans a full-throated infrastructure push, including unveiling more details on its vision for overhauling both the nation's air traffic control syste m and federal permitting requirements for road projects. The administration will spend several days rolling out at least some more details about priorities for its $1 trillion infrastructure plan and talking up the need for additional investment, during a week that's otherwise expected to be full of loud and potent ially damaging news about the FBI and Russia. So far the administ ration has offered few details on its infrastructure proposa ls, aside from a six-page fact sheet it slipped into its 20 18 bud get propo sal last month. 6 CEQ050FY18091 _000002758 CEQ-18-0173-D-000121 President Donald Trump will kick off the week Monday in the Oval Office by rolling out legislative principles encourag ing Congress to split air traffic control away from the Federal Aviation Administration and place it under a private , non-governmental entity - a controversial idea that has run into flak from lawmakers of both parties and sectors of the aviation industry itself. On Wednesday , he'll travel to Ohio and Kentucky for a speec h that touches on waterways and rural America, followed by a Thursday meeting in the White House with mayors and governors and a Friday address at the Departm ent of Transportation. In outlinin g its FAA principles , the administration will also propose changes in the way it pays for much of the national aviation system, National Economic Council D irector Gary Cohn said Friday. He said it will embrace user fees in place of the curren t excise tax system, similar to a Republican plan expected in the House. Cohn also stressed that the administration will aim to ensure general aviation pilots and rural airports are "protected" under the air traffic control over haul. That suggests that whatever the administration puts out next week will seek to blunt the serious criticism that business aviation interests and rural interests, both of which hold sway in the Senate , have leveled against past proposals. "There are enormous benefits for all U.S. citizens in doing this," Cohn told reporters Friday. Air traffic contro l legislation that Hou se Transportation Comm ittee Chairman Bill Shuster (RPa.) offered in 20 16, and wh ich he is expected to introduce again this summer , provided the starting po int for those principles , a White House official said. Though they'll be "very similar ," he said to expect some differences -- though he would not elaborate. "This will be more like principles you would see in a transmittal to the Hill that is more spec ific in terms of what the administration supports , and lays out a framework for Congress to then draft legislation off of," the White House offic ial said. The White House's fiscal 20 18 budget blueprint included a three-page fact sheet prais ing certain concepts in Shuster's plan , but with few other details. Monday's announ ceme nt will be the most revea ling look yet at the admin istration's thinking on the issue. Shuster is expected to attend the White House festivities, which will include an announcement in the Rose Garden. In his speech Wednesday in Ohio and Kentucky , Trump w ill outline more about his infrastructure vision and how his adminis tration plans to support rural and "transformative" projects. Cohn noted that inland waterways in particular rely largely on federal money for maintenance - Trump's budget proposed creating a fee to boost the money paid by commerc ial users of the system . That visit is sure to include overtu res to rural states that have registered concerns about the administration's reliance on public-private partnerships to help leverage financ ing toward the $ I trillion goal of his infrastructure p lan. State offic ials and lawmakers espec ially in rural areas have repeatedly cautioned against lean ing too heavily on these kinds of partnerships , because 7 CEQ050 FY18091_000002758 CEQ-18-0173-D-000122 the kinds of projects investors are willing to risk capital on require recouping their money through through tolling or other fees, which is considered less practical in less-populated areas. White House officials said infrastructure spending in rural areas under their plan won't look much different from current public spending, but they'll be looking to cities and some states to take on more of their infrastructure needs and create revenue streams to fund them. One thing the White House won't spend much time on next week is getting more specific on how it plans to cover the federal share of its infrastructure vision. Officials have yet to determine how much of that work they'll leave to Congress. "We're currently debating the best way to approach that," an administration official said. The White House will host a bipartisan group of governors and mayors to talk about infrastructure on Thursday , and on Friday Trump will give a speech at DOT on overhauling regulations around roads and rail, with a focus on changes to the permitting process for those projects. "Time is money," Cohn said. "The cost of infrastructure goes up dramatically as time goes on in the approval process." To view online click here. White House FAA princip les sketch out nonprofit, user fee-driven entity Back By Kathryn A. Wolfe I 06/04/2017 04:48 PM EDT The White House Monday will propose a new nonprofit , non-governmental entity to control the nation's air traffic control system, hewing to a non-governmental structure that will mean lower fees than "the patchwork combination of aviation taxes paid today ," according to a document of princip les obtained by POLITI CO. The document praises last year's bill from Rep. Bill Shuster, calling it a "good foundation" that needs improvement , and suggesting it will support any effort that meets principles it lays out in a document that will be released Monday. Those principl es include ensuring safety and Defense Department access, as well as "open access" to the national airspace for general aviation and emerging technologies such as drones , though the document notes "new entrants ... would still be subject to the new entity's fee structure." It also says the new entity "must maintain access and services to rural communities and general aviation users" but doesn't outline how, beyond that DoD , diplomatic and public safety aircraft will be exempt from any fees. 8 CEQ050FY18091 _000002758 CEQ-18-0173-D-000123 It also supports sunsetting taxes except "some existing aviation taxes" necessary to continue support for the AIP program. User fees, the document says, should be established based on "!CAO principles such as aircraft weight and distance flown." The White House will propose no congressional approval of any new fees set by the entity , but notes the "users of the airspace should have the ability to request the secretary of Transportation to determine whether the fees are 'reasonable."' The new entity, the document notes, should be managed by a board of directors , but that board seats "should not be owned by any entity" and that though the initial board will be "nominated by major stakeholders ," none of them will have the right to name a successor. The document also suggests that the National Air Traffic Controllers Association should remain on board with the proposal , considering that it says the new entity should "honor existing labor agreements" and that any employees transferring to the new entity should be "kept whole in tenns of pay and benefits" and be able to continue to participate in federal retirement and health care plans. The White House also will propose a transition period for the new entity of no more than there years, with extensions subject to presidential approval. The document also outlines support for allowing the new authority to "adjust airspace routes" subject to FAA approval, however the FAA would only be empowered to approve or deny based on safety, not NEPA. To view online click here . Democrats outraged by Trump ban on info requests Back By John Bresnahan I 06/02/2017 06:58 PM EDT Hill Democrats are outraged by a new Trump administration policy to ignore information requests from members and senators unless they come from committee or subcommittee chairs. They argue it's part of a broader pattern by the White House, designed to make the executive branch less responsive to Congress. And they say it effective ly locks them out of information necessary for government oversight. From refusing to release White House visitor logs to scrubbing agency websites of health and safety data and refusing to respond to simple media requests on governme nt operations - or even admitting whether President Donald Trump is playing golf or not- the Trump administration has made it harder for Democrats and the press to find out what is going on inside the White House and federal agencies. 9 CEQ050FY18091 _000002758 CEQ-18-0173-D-000124 This effort is sometimes being aided by Republicans on Capitol Hill, or undertaken at their behest. For instance, House Financial Services Committee Chairman Jeb Hensarling (R-Texas) has asked federal agencies to refuse to comply with Freedom of Information Act requests designed to find out what data his panel is seeking from those agencies. Such FOIA inquiries are routinely made by journalists , lobbyists and political operatives. News organizations have strenuou sly objected to HensarJing's demand. But the latest initiative by the Trump administration - backed by a May I , 2017, opinion drafted by the Office of Legal Counsel of the Justice Department - has crossed a once unthinkable line, Democrats argue. Under this new policy , Democrat s - as the minority party - would be limited in their ability to get information from the agencies unless the request was supported by a Republican chairmen. Since the GOP controls both the House and Senate, this would effectively give Republicans a veto over such information requests. "Every member of Congress represents hundreds of thousands of Amer ican citizens who expect their representatives in the House and Senate to fulfill their duty under the Constitution to act as a check on the executive branch in order to promote the proper functioning of federal agencies and departments ," said Rep. Elijah Cummings (D-Md.) , ranking member on the Oversight and Government Reform Committee. "We cannot do our jobs if the Trump administration adopts tb.is unprecedented new policy of refusing to provide any information to Congress unless a request is backed by the implicit threat of a subpoena. This has never been the standard for responding to congressiona l inquiries - and it should not take the threat of a subpoena to pry information free from this administration ." Cummin gs added: "This is the latest in a series of abuses by the Trump administration to operate in a shroud of secrecy , hiding their actions from federal ethics officials , the Government Accountabi lity Office, the media , Congress , and the American people." However , relying on the OLC opinion , White House officials say they do not have to respond to any requests from individual lawmakers , or those that do not come through a committee. '"Oversight' is a constitutional power which Congress exercises through its established committees and their chairmen," said Lindsay Walters , a White House spokeswoman. "This legal advice provides much needed clarity to the executive branch so that the administration can ensure resources are effective ly dedicated to accommodating authorized congress ional oversight reque sts and responding to nonover sight requests , independent of the political party of the requester." According to the OLC opinion, no minority lawmaker - includin g the ranking member of a full committee - may request information without the approval of committee or subcommittee chair. 10 CEQ050FY18091_000002758 CEQ-18-0173-D-000125 "Individual members of Congress , including ranking minority members , do not have the authority to conduct oversight in the absence of a specific delegation by a full house, committee , or subcommittee ," OLC asserted. "Accordingly , the Executive Branch's longstanding policy has been to engage in the established process for accommodating congressional requests for information only when those requests come from a committee, subcommittee , or chairman authorized to conduct oversight." OLC added: "Members who are not committee or subcommittee cha irmen sometimes seek information about executive branch programs or activities , whether for legislation , constituent service , or other legitimate purposes (such as Senators' role in providing advice and consent for presidential appointments) in the absence of delegated oversight authority. In those nonoversight contexts , the Executive Branch has historically exercised its discretion in determining whether and how to respond , following a general policy of providing only documents and information that are already public or would be available to the public through the Freedom of Information Act ... Whether it is appropriate to respond to requests ... from individual members will depend on the circumstances. In general , agencies have provided information only when doing so would not be overly burdensome and would not interfere with their ability to respond in a timely manner to duly authorized oversight requests." The OLC memo was drafted by Curtis Gannon , the acting assistant attorney general. To view online click here . FMCSA opting not to increase bus liability coverage requirements Back By Stephanie Beasley I 06/02/2017 11 :52 AM EDT The Federal Motor Carrier Safety Administration announced today that it will withdraw a proposal to increase the amount of compensation for victims of bus and truck crashes. FM CSA first issued a notice of advanced rulemaking in 2014 saying it was considering hiking the minimum levels of liability insurance coverage required for buses and trucks. The levels are currently set at $5 million for buses and $750,000 for trucks. But the agency announced this morning that it is now withdrawing the notice, citing a lack of evidence to support the economic benefits of providing more compensation for crash victims. "FMCSA has determined that it has insufficient data or information to support moving forward with a rulemaking proposa l, at this time," the agency said, accord ing to a notice issued today. The proposal to increase the insurance requirement has been supported by consumer safety groups. However , the American Bus Association has opposed the measure , saying it should be left up to individual carriers to decide what levels of insurance to carry . The group applauded FMCSA's decision to withdraw the proposal. 11 CEQ050FY18091 _000002758 CEQ-18-0173-D-000126 To view online click here. IG: FAA 's system for evaluating check pilots is broken Back By Tanya Snyder I 06/02/2017 01:44 PM EDT The FAA doesn't do enough to ensure that check pilots - those that oversee and evaluate the 71,500 pilots employed by commercial airlines - get the required training and observation, according to a new report from DOT's Inspector General. Based on their sample, the IG estimates that 204 of 3,334 air carrier check pilots may not have been properly authorized , meaning FAA failed to verify that they received mandatory trainjng or have not been reviewed by an FAA inspector. Further , FAA is unable to verify that as many as 41 percent of its 600 aircrew program designee s - which oversee check pilots - were properly trained and observed prior to authorization between 2011 and 2015. "As a result , FAA cannot ensure that check pilots and APDs have met key requirements needed to evaluate pilots' knowledge and skills," wrote the IG. Check pilots are also failing to meet requirements for recurring training and observation, with nine check pi lots at one carrier failing to get any training at all in 2015, "including four that had not received training since 2012 yet are still servi ng as check pilots." The IG determined that FAA's guidance isn't clear enough that inspectors are charged with verifying recurrent trainin g requirements. FAA concurred with six of their seven recommendation s to improve oversight of check pilots and APDs ; the IG is requestin g additional information for the last one. To view online click here . Nelson: Leaderless NHTSA exacerbating poor Takata recall compliance Back By Tanya Snyder I 06/01/20 17 12:38 PM EDT Sen. Bill Nelson said today that two-third s of recalled Takata airbag intlators are still unrepaired , more than eight years after the first recall was announced - and said it doesn't help that the National Highway Traffic Safety Admfoistration still has no confirmed leader. "We've got to pick up the pace on boostin g production of rep lacement intlators and assisting consumers who need to get their vehicles fixed," said Nelson in a statement. 12 CEQ050FY18091 _000002758 CEQ-18-0173-D-000127 The independent Takata monitor's numbers , provided to Nelson , show that approximately 30 million inflators remain unrepaired of the 46 million whose owners have received notices that they are subject to the reca ll. Nelson said the fact that NHTSA has been without a confirmed administrator since January is "only compounding the problem ," according to the statement. "We're in desperate need of a leader who will commit to resolving this Takata mess ," Nelson said. "At the rate we're going, we might land humans on Mars before all of these deadly inflators are off the road." Of the 46 million recall notices sent, 8.8 million of them advised owners that replacement parts were not yet available. While the problem of shrapne l flying out of Takata airbags first became known in 2008 - and Takata executives knew about it four years before that - the recall expanded to a nationwide effort in May 2015 , and the scope then doubled in May 2016 to include 35-40 million more airbag inflators to be recalled on a staggered schedu le until the end of 2019. To view on line click here . Thune, Nelson ask a leade rless NHTSA for answers about Takata recall Back By Tanya Snyder I 06/02/20 17 03: 13 PM EDT Senate Commerce Chairman John Thune (R-S.D.) and ranking member Bill Nelson (D-Fla.) asked Transportation Secretary Elaine Chao today for answers about the Takata airbag recall , which is underperforming expectations. The move comes one day after Nelson released new independent figures showing that twothirds of airbag inflators subject to the recall have yet to be repaired or replaced. The senators' questions may be difficult to answer , since they perta in to an agency that has no leader, as they pointedly noted. "While the Committee awaits the nomination of a new NHTSA administrator , which we hope will take place soon, progress on repairing defective Takata inflators must continue ," the senators wrote. Thune and Nelson asked Chao for data on the manufacturer and inflator type of the vehicles that have yet to be repaired ; whether NHTSA thinks the lack of available replacement parts is a problem and what they're doing to address it; whether NHTSA is satisfied with the phased recall; and more. To view online click here . 13 CEQ050FY18091 _000002758 CEQ-18-0173-D-000128 Trump's sluggish hiring could hamper anti-terror plans Back By Andrew Restuccia I 06/04/2017 07:02 PM EDT President Donald Trump said Sunday that the United States needs to be "smart , vigilant and tough" after a terrorist attack rocked London. But the president's counter-terrorism strategy could be hindered by dozens of vacancies across the governmen t, not least a permanent FBI director. Top ranks at the State Department remain largely unfilled , as are some key ambassadorships. Trump has not named anyone to lead the Tra nsportation Security Administration , which screens people at airports, or to run the Homeland Security office charged with protecting the country's physical and cyber infrastructure . His choice to lead the Federal Emergency Management Agency is awaiting Senate confirmation , but Trump has not named a deputy. At the Justice Departm ent, Trump has not nominated an assistant attorney general for the national security division . And he has not nominated a deputy at the Office of the Director of National Intelligence or a director of the office's National Counterte rrorism Center. And, perhaps most crucially , Trump has not yet named a permanent leader of the FBI, which plays a central role in combating domestic terrorism. The president has cont inued to interview candidates for the job nearly a month after he fired James Corney. "This is a team sport ," said Max Stier, the head of the nonpartisan Partnership for Public Service, wh ich advised Trump' s presidential transition on hiring. "It's critical to have a full team." The White House did not provide any comment Sunday. Trump has filled some major national security jobs , including at the Defense Department , and he quickl y replaced his first national security adviser, Michae l Flynn , after he was fired in February . But hiring has been slow across the board , bogged down by an overwhe lmed personnel office and disagreements among aides. In some cases - especia lly at State, where Trnmp named a secretary and deputy secretary but left many other posts open - Cabinet secretar ies are still mulling a reorganization that might do away with certain positions. Trump announced in January that he plam1ed to nominat e Robert "Woody" Johnson , the owner of the New York Jets, as the U.S. ambassador to the United Kingdom , which has been hit by two deadly terrorist attacks in recent weeks. But Trump has yet to formally send Johnson's nomination to the Senate after more than four months in office. The leadership vacuum across the federal government has at times kept Trump from meeting promises made before he took office. He blew past a 90-day deadline to craft an anti-hacking strategy, with no clarity on who was in charge of the issue. 14 CEQ050FY18 091_000002758 CEQ-18-0173-D-000129 Some experts said Trump's slowness to fill top jobs wouldn't prevent the federal government from responding to a terrorist threat because the FBI and DHS are staffed with long-servi ng experts. "In terms of an immediate response to an attack , the agencies will probably do fine," said Daniel Benjamin, who was the State Department's counter-terror coordinator under President Barack Obama and now runs an international studies center at Dartmouth College. "The real problems come later , when the administrat ion has to readju st strategy to deal with the threat , do the hard work of figuring out if there was a vulnerabil ity in some security or immigration system , and then remedy it." Christian Marrone , who served as chief of staff to former DH S Secretary Jeh Johnson , said his bigger concern was Trump's proposed budget , which boosted money for border secur ity but called for cuts to programs that provide grants to cities states for counter-terrorism efforts. "The proposed cuts to state and local law enforcement are dangerous ," he said. "We must ensure the men and women on the front lines have the tools and training they need to handle such situation s." Trump took to Twitter on Saturday and Sunday to call for a forceful response to terrorism and to take a few digs at London Mayor Sadiq Khan. "We must stop being politically correct and get down to the business of secur ity for our peopl.e. If we don't get smart it will only get worse ," Trump wrote on Twitter. To view online click here . Was this Pro content helpful? Tell us what you think in one click . Yes , ve ry Some w hat Not reall y Not at all You received this POLITICO Pro content because your customized settings include: Morning Transportation . To change your alert settings , please go to https:/ /,vww .politicopro.com /settings 15 CEQ050FY18091 _000002758 CEQ-18-0173-D-000130 X This email was sent to Adrian Arnakis@commerce.senate .gov by : POLITI CO, LL C 1000 Wilson Blvd. Arlingt on, VA, 22209, USA 16 CEQ050 FY18091_000002758 CEQ-18-0173-D-000131 Re: From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Vieson , Chris" Cc: "Gosselin, Geoff' Date: Tue , 30 Jan 2018 22:30:42 -0500 That the HTF was mentioned? It was defmitely firmly in the discussion but I never knew definitively if made it in. We also had sometlting in there about water infrastructure. Was definitely not cut for merit but for time. We will ensure that is part of the rollout remarks. I know this is the important key to anything getting done. Sent from my iPhone On Jan 30, 2018, at 9:59 PM , Vieson , Chris wrote: That was really disappointing. I don't know what else to say . Chris Vieson Deputy Staff Director Committee on Transportation and Infrastructme CE Q050FY 18091 _ 000000661 CEQ-18-0173-D-000132 FW: From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : "Holland , Luke (lnhofe)" Date: Wed , 31 Jan 2018 16:38:44 -0500 Face for Radio ... I always say. From: Patella, Michael A. EOP/CEQ Se nt : Wednesday, January 31, 2018 2:40 PM To: Herrgott, Alex H. EOP/CEQ Subject: WHITE HOUSE Who's who in Trump's infrastructure initiative Hannah Northey . E&E News reporter --- . 31,2018 ~-- -~~-~-_0 .. -o o-. s-::-r re o .,~ .. ._ ~ Cir o _11:1 o -Ci). 0 GJ ~ ~ ~ 4"'1... a:i ...... ~ ~~ ~ ~ t;)~ .... :.. 1F' -. ... _ ... ,_ ~ ~ la ;.. ~ C>E:::::> o ~ The special assistant to the president for infrastructure policy, D.J. Gribbin , holds a chart for President Trump Images during an April 2017 CEO town hall at the White House. Olivier Dou11erytp1cture-all1ance/dpa/AP 1 CEQ050FY18091_000000641 CEQ-18-0173-D-000133 President Trump's ballyhooed infrastructure push - envisioned as a $1.5 trillion construction push paired with accelerated environmental reviews - rides on some White House officials with deep ties to Capitol Hill and Wall Street. The president's pitch for a bipartisan infrastructure deal during his State of the Union speech last night capped weeks of closed-door meetings and public conferences among industry and environmenta l groups , mayors and lawmakers , Trump's infrastructure guru David James "D.J." Gribbin and the White House Council on Environmental Quality. While firm details about Trump's plan are scarce, White House officials have been busy behind the scenes vetting ideas that might spur high-level discussions at the Republican policy retreat in West Virginia this week (E&E Daily , Jan. 31). Expected at the retreat are National Economic Council Director Gary Cohn and Transportation Secretary Elaine Chao, who have been meeting with members for months now to pitch and hear ideas. Gribbin, a former banker working under Cohn on the NEC, has emerged as a key negotiator on infrastructure. He's reportedly shared a beer with the top Democrat on the House Transportation and Infrastructure Committee , Rep. Peter DeFazio of Oregon , to discuss roads and bridges. He's also huddled with anxious mayors this month to discuss a timeline. Sources say Gribbin is working closely with CEQ - notably with Alex Herrgott, a former staffer for Sen. Jim lnhofe (R-Okla .) who has worked closely with Democrats in the past and had a hand in several pieces of infrastructure legislation. Both Gribbin and Herrgott, who are working in newly created roles specifically focused on pushing Trump's infrastructure package , are likely to pitch the final product to Congress when negotiations wrap up. While not involved in infrastructure discussions, sources are also watching veteran House energy lawyer Mary Neumayr , who began working as CEQ's chief of staff last March and has stayed on in an acting capacity as Trump's choice to lead CEQ, former Texas regulator Kathleen Hartnett White, remains tied up in the Senate. Gribbin's work with CEQ is critical , given leaked White House infrastructure drafts focused on narrowing and accelerating reviews under National Environmental Policy Act, a law overseen by CEQ. While George W. Bush's CEQ chief, Jim Connaughton , said that partnership is logical , since NEPA is the office's "bread and butter ," an Obama-era CEQ official , Christy Goldfuss , disagrees . "It is entirely flipping the role of the CEQ on its head to have them lead the permitting direction , so that's not the role of CEQ ," she said. "CEQ has been about the environment. I see this as a big departure ." Here are key players on infrastructure : David James "D.J." Gribbin As Trump's infrastructure adviser, Gribbin is helping flesh out how an infrastructure bill might be structured and financed. The 55-year-old former senior Macquarie Group banker has deep expertise in fostering public-private partnerships and is no stranger to the federal government. For more than six years, he led the government advisory for Macquarie Capital, leading teams structuring public-private partnership transactions for governmental clients. According to his online bio, he left the 2 CEQ050FY18091 _000000641 CEQ-18-0173-D-000134 investment bank three years ago to work as a national director of consulting for Omaha , Neb.-based HOR, a consulting and engineering firm that fosters public-private partnerships on infrastructure projects . Gribbin also served in the George W. Bush administration as general counsel for the Department of Transportation from 2007 to 2009 and as chief counsel for the Federal Highway Administration from 2003 to 2005 . Prior to that , he worked six years for Koch Industries, a corporation owned by billionaire brothers Charles and David Koch, as its director of public-sector business development , and as a legislative assistant for former Texas Rep. Larry Combest (R). He has a bachelor's degree in philosophy and a law degree from Georgetown University . At his confirmation hearing in 2007 , Gribbin shared that he was born in Frankfurt, Germany , has seven children and served as a national field director for the Christian Coalition in the 1990s. Alex Herrgott Herrgott is leading an office focused on speeding regulatory reviews at CEQ. Alex Herrgott. Massachusetts Institute of Technology Center for Transportation and Logistics Described by a Senate Democratic aide as a "good-faith negotiator ," Herrgott in recent months has huddled with conservative and transportation groups , pitching the idea of winnowing environmental reviews down to two years or less. One lobbyist said Herrgott appears to have the "drafting pen on a lot of the sort of administrative guidance ." Among many former lnhofe staffers in the administration , Herrgott served as legislative director for the Senate Environment and Public Works Committee from 2013 to 2014 and had a hand in drafting several pieces of infrastructure legislation , including the Water Resources Development Act and the highway bill (E&E Daitv. May 1). Herrgott was a staff member on the EPW panel from 2004 to 2011 and then joined the U.S. Chamber of Commerce as a director of transportation and infrastructure , according to his online bio. Before that , he was an EPW staffer from 2004 to 2011. In recent weeks, Herrgott has fielded concerns about the Trump administration possibly gutting environmental laws to fast-track projects (Climatewire , Jan . 24). 3 CEQ050FY18091 _000000641 CEQ-18-0173-D-000135 "We have no intention of eroding environmental protections," he reportedly said when addressing the Transportation Research Board's annual conference this month, according to The Washington Post. Mary Neumayr CEO chief of staff Neumayr is also being eyed as a pivotal player in Trump's bid to speed NEPA reviews. Mary Neumayr. @ec_ministerrrw1tter "If they're going to spend money on infrastructure , the only way they're going to be able to do it is if they streamline the NEPA permitting process," said Myron Ebell, director of the Center for Energy and Environment at the Competitive Enterprise Institute, who led the Trump transition at U.S. EPA. "Since CEO is in charge of NEPA, that means Mary and her team will be important." Neumayr also brings deep Capitol Hill experience , having served as deputy chief counsel on energy and environment for the House Energy and Commerce Committee. Before that , Neumayr served in the George W. Bush administration as deputy general counsel for environment and nuclear programs at the Energy Department from 2006 to 2009, and as counsel to the assistant attorney general for the Justice Department's Environment and Natural Resources Division from 2003 to 2006. Beyond the White House While negotiations are in the early stages, a firm infrastructure plan - one that would make its way through Congress - would likely involve key agencies pitching in selling pieces of the package . Sources said they are watching officials like Interior Deputy Secretary David Bernhardt and R.D. James , the new head of the Army Corps of Engineers . They also pointed to EPA staffers working on NEPA, CEO staff like Ted Boling focused on NEPA reforms , Andrew Wheeler, Trump's nominee to be EPA's deputy administrator , and Jeffrey Rosen, the Interior Department's deputy secretary . 4 CEQ050FY18091 _000000641 CEQ-18-0173-D-000136 Janet Pfleeger.C-SPAN Some sources questioned whether Trump's infrastructure push could lead to the filling of a vacant slot directing the Federal Permitting Improvement Steering Council , a panel created under the "Fixing America's Surface Transportation Act" focused on improving coordination, transparency and accountability for large infrastructure projects across the federal footprint. Trump has yet to appoint a director of the steering council while Janet Pfleeger , a career staffer , is serving as deputy director. "If [Trump] really wanted to be stream lining, I think he would have picked someone," said Cynthia Taub with the law firm Step toe & Johnson. But Pfleeger told a Senate committee in December the council was working with administration officials to create more predictable perm itting for large and complex infrastructure projects and tackle interagency disputes . Pfleeger, who previously worked at Interior for a decade after beginning her career as an econom ist at the Department of Labor, also said the panel is gett ing the job done . "The perm itting council of the executive director is positioned to truly change the siloed nature of the permitting process," she said . Michael A. Patella Senior Advisor on Infrastruct ure Council on Env ironme ntal Q uality Ex ecutive Office of the Pres ident Tel: 5 CEQ050FY18091_000000641 CEQ-18-0173-D-000137 our convoearlier From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Van Doren , Terry (McConnel l)" Date: Thu, 08 Feb 2018 12:33:30 -0500 Give me a call about this one if have questions-just making the pitch 1 CEQ050FY18091 _ 000000628 CEQ-18-0173-D-000138 Fwd: ProposedTalkingPoints- CEQ Remarksto Transportation ResearchBoard(Jan. 8) and TroutmanSanders(Jan. 17) "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: admin istrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: luke_holland@inhofe.senate.gov Date: Tue , 13 Feb 2018 16:43:25 -0500 Attachments d 14e44c8e9-he"> CEO Remarks fo r TRB and S3 Meetings.docx (23.85 kB) Sent from my iPhone Be gin forwarded message: From: "Smith , Katherine R EOP /CEQ" Date: February 13, 2018 at 4:42:50 PM EST To : "Herrgott , Alex H. EOP /CEQ" Subject: Fwd: Proposed Talking Points - CEQ Remarks to Transpo rtation Res earch Board (Jan. 8) and Troutman Sanders (Jan. 17) Is this what you're looking for? Sent from my iPhone Beginforwardedmessage: From: "Herrgott , Alex H. EOP / CEQ" Date : January 9, 2018 al 12: I 0:52 PM EST To: "Smith , Katherine R. EOP /CEQ" Subject: FW: Proposed Ta lking Point s - CEQ Remarks to Transportatio n Research Board (Jan. 8) and Troutman Sanders (Jan. 17) Hey, I don't have anything for tracker tmtil 17th. -----Original Message----From: Nelllllayr,Mary B. EOP/CEQ Sent: Thursday, Januaiy 4, 2018 2: 17 PM To: Staff Secretary Cc: Herrgott, Alex H. EOP/CEQ ; Smith, Katherine R. EOP/CEQ 1 CEQ050FY18091 _ 000000577 CEQ-18-0173-D-000141 Ta mg Pomts - CEQ Remarks to Transportation Research Board (Jan. 8) and Troutman Staff Sec: Alex Herrgon , CEQ's Associate Director for Infras tructure , has been invited to speak at rwo upcoming evems described below. The first event is the 97tb Annua l Meeting of the Tran spo rtatjon Research Board (TRB) wb icb is a unit of the Na tional Academies of Sciences , Engineering and Medicine (see http :// www.lrb.org/AnnualMeeting / Annua lMeet ing .aspx) and tl1is event will be open lo the press. The second event is the inaugura l meeting of a new ly formed stakeho lder gro up, Species , Strategies & So lutions (S3) , wbich is focused on infonnation and strategies for comp lying with species -relate d permit t ing and review processes , and will not be open to the press. De tails relat ed to both events are below and proposed ta lking points, whicb are identical to those previously cleared for Alex in November , are attached. These talking points were developed in coordination with NEC (DJ Gribbin). Event Sponsor: Transportation Rese arch Board , 97th Annual Meeting Topic : Panel: "Investing in Infrastrncture" DOT Panel Date/Location: Jan. 8, 2018 / Washington Convention Center Press: Yes Event Sponsor: Troutman Sanders / Species , Strategies & Solutions Group Topic : EO 13807 and Expediting Permitting for Infrastrncture Projec ts Date/ Loc ation: Jan. 17, 2018/ Troutman Sanders , Washington , DC Press: N o Thanks very much in advance , Mary Mary B. Neumayr Chief of Staff, Council on Envirolllilental Quality 2 CEQ050FY18091 _ 000000577 CEQ-18-0173-D-000142 ALEX HERRGOTT TALKING POINTS Transportation Research Board (TRB) Panel on "Investing in Infrastructure" January 8, 2018 and Troutman Sanders / Species, Strategies & Solutions Group Meeting January 17, 2018 1. THE PROBLEM o Before construction can begin on an infrastructure project, it must comply with potentially dozens of Federal statutes that are overseen by multiple Federal agencies. o But they were not adopted in any coherent or cohesive way. They require reviews, permits and studies that overlap, are redundant, and are often inconsistent. They do not share a single framework or t ime frame. o Over time, this has created a review process that is fragmented, unpredictable, and inefficient. o The process can take more than a decade just to get the permits and approvals to start construction. One agency alone can stall the project for years. o These delays are expensive-- One study has found that the average delay of six years for major infrastructure projects costs the United States economy over $3.7 trillion. o A major cause of these delays is that there are too many decision makers- o For a highway project, there can be as many as 10 different Federal agencies involved in 16 different permitting decisions-but without a single point of contact. And again, that doesn't count permits and approvals needed from State, local, and Tribal agencies. o For example: the Bayonne Bridge reconstruction involved consultation with 55 federal, state and local agencies and 47 permits This results in a process that is lengthy and unpredictable . 2. WHAT WE ARE DOING TO FIX THE PROCESS CEQ050FY18091 _000000578 CEQ-18-0173-D-000143 o This Administration is taking several steps to fix this problem. o The President signed an Executive Order implementing a policy of "One Federal Decision": o The Executive Order 13807, entitled, "Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects," implements a One Federal Decision policy for the processing of the environmental reviews and permitting decisions needed for major infrastructure projects. Under One Federal Decision: 1. Federal agencies will administer the NEPA review process so that a single Environmental Impact Statement (or EIS) and a single Record of Decision (or ROD) are prepared for all agencies, and so that the NEPAreview process is conducted concurrently with all applicable permitting decision processes so as to enable the necessary permitting decisions to be made within 90 days of the ROD; 2. Federal agencies will seek to complete the environmental review process within 2 years of the publication of a Notice of Intent to prepare an EIS; 3. Decisions will be more transparent and predictable regarding when the process will be complete and decisions will be made; and 4. With better coordination and planning, the administrative burden on agencies will be reduced by, for example no longer conducting redundant studies and avoiding the need to revisit earlier decisions made in the process. o CEQ,along with the National Economic Council, is convening a Federal interagency working group to develop the framework under which agencies will implement One Federal Decision. o This framework will establish the standard operating procedures for how agencies work together to process environmental reviews from beginning to end. 2 CEQ050FY18091 _000000578 CEQ-18-0173-D-000144 o The agencies will work together to identify the appropriate level of analysis needed to conduct the necessary environmental reviews and synchronize the public engagement and other procedural steps to ensure that all necessary decisions can be made within the timelines established by the Executive Order . o We will be holding Federal Agencies Accountable for Meeting Deadlines and Keeping on Schedule. o The Executive Order directs 0MB to establish a performance accountability system to ensure that agencies are implementing One Federal Decision, including the adherence to the lead Federal agency' s permitting timetable. o 0MB will also be establishing appropriate performance metrics to determine whether Federal agencies are following the One Federal Decision approach and what progress is being made toward meeting the Executive Order ' s 2-year goal for completion of EISs. o Also, for the first time, agencies will be required to track the costs of the environmental reviews. o Agency performance will be considered during budget formulation , and agency delays from the permitting timetable may be quantified. o Key agency personnel will also have performance criteria added to their performance plans to measure their effectiveness in processing project permits . o We are strengthening the Federal Permitting Improvement Steering Council. o We have added a management team led by NEC,which also includes 0MB and CEQ. o While CEQ is working on developing a better process for all project permitting, FPISCwill be focused on overcoming obstacles on a project by-project basis. o Although the primary focus of the Permitting Council's Executive Director will be on projects that are accepted by the Permitting Council as a FAST- 3 CEQ050 FY18091_000000578 CEQ-18-0173-D-000145 41 project, the Executive Director may also intervene in other projects in order to facilitate resolution of process bottlenecks . o The Permitting Council is made up of the Deputy Secretaries, or equivalents , of all of the various Federal agencies that are responsible for reviewing infrastructure projects, and meets on quarterly basis to discuss project implementation issues. o We are Undertaking Aggressive Regulatory and Administrative Reform. o This Administration is reviewing the entire environmental review and permitting process for major projects to improve performance across the Government and hold agencies accountable. Under the President' s Executive Order : o CEQwill develop and implement actions to improve environmental reviews Government-wide . For example, CEQis updating its guidance on " efficient environmental reviews" and is creating a "practitioner's guidebook" to simplify and accelerate NEPAreviews on infrastructure projects .. o FPISCwill mediate disagreements between agencies on key projects decisions are not delayed amid bureaucratic disputes. 3. OUR GOALS -Again, our goals for One Federal Decision are: o A single Federal Decision Coordinated by the Lead Agency -project sponsors will no longer need to go to multiple agencies for multiple environmental reviews and approvals for projects. This will take the burden off of State, local, and Tribal governments, and the industry , in navigating the Federal bureaucracy. o Shorter Review Times--Our goal will be to complete environmental reviews and permitting on average, in two years, and to issue permits within 90 days after the completion of the review process o A Transparent Predictable Schedule-Ea ch project will have a schedule for the environmental review and permitting, and agencies will be expected to adhere to tho se schedule s and be accountable through performan ce measures and financial penalties. This will give greater assurances to project sponsors and potential investors as to when a project review might be completed. 4 CEQ050 FY18091_000000578 CEQ-18-0173-D-000146 o Reduced Administrative Burdens- Through enhanced interagency coordination in conducting the environmental review and permitting process, agencies will reduce the overall administrative burden and save resources through the reduction of redundant analyses and revisiting of decisions, and will use prior analyses where available and applicable. 5 CEQ050FY18091 _000000578 CEQ-18-0173-D-000147 Infra Bill From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: joseph_buschon@durbin.senate.gov Date: Tue , 13 Feb 2018 10:53:50 -0500 Can you meet today . Making the rounds, Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY18091 _ 000000598 CEQ-18-0173-D-000148 Infra Bill From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: joseph_bushong@durtbin.senate.gov Date: Tue , 13 Feb 2018 10:46:28 -0500 Can you meet today. Making the rounds, Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY 18091_000000601 CEQ-18-0173-D-000149 Fwd: ProposedTalkingPoints- CEQ Remarksto Transportation ResearchBoard(Jan. 8) and TroutmanSanders(Jan. 17) From : To: luke_holland@inhofe.senate.gov Date: Tue, 13 Feb 2018 16:43:23-0500 Attachments: CEO Remarks for TRB and S3 Meetings.docx (23.85 kB) Sent from my iPhone Begin forwarded message: From: "Smith, Katherine R. EOP/CEQ" Date: Febrnary 13, 2018 at4:42:50 PM E T To: "Herrgott, Alex H. EOP Subject: Fwd: ProposedTalking PorntsTroutmanSanders(Jan. 17) Remarksto TransportationResearchBoarcl (Jan. 8) and Is this what you're looking for? Sent from my iPhone Begin forwarded message: From: "Herrgott, Alex H. EOP/ CEQ" Date: January 9, 2018 at 12:10:52 PM EST To: "Smith, Katherine R. EOP/CEQ" Subject: FW:ProposedTalking Points - CEQRemarks to TransportationResearchBoard (Jan. 8) and TroutmanSanders(Jan. 17) Hey, I don't have anything for tracker until 17th. -----Original Message----From: Neumayr, MaryB. EOP/CEQ Sent: Thursday, January 4, 2018 2: 17 PM To: Staff Secretary Cc: Herrgou, Alex . OP/CE ; Smith, Katherine R. EOP/CEQ Subject: Proposed TaJking Points - CEQ Remarks to Transportation Research Board (Jan. 8) and Troutman Sanders (Jan. 17) Staff Sec: 1 CEQ050FY 18091_000002175 CEQ-18-0173-D-000150 Alex Herrgott, CEQ's Associate Director for Infrastructure, has been invited to speak at two upcoming events described below. The first event is the 97th Annua l Meeting of the Transportation Research Board (TRB) which is a unit of the National Academies of Sciences , Engineering and Medicine (see http://www.trb .org/AnnualMeeting /Annua1Meeting .aspx ) and this event will be open to the press. The second event is the inaugural meetingof a newly formedstakeholdergroup, Species, Strategies& Solutions (S3), which is focusedon informationand strategiesfor complying withspecies-relatedpermitt ing and review processes, and will not be open to the press. Details related to bothevents are below and proposed talking points , which are identical t.o those previously cleared for Alex in November , are attached. These talking points were developed in coordination with NEC (DJ Gribbin). Event Sponsor: Transportation Research Board, 97th Annua l Meeting Topic: Panel: "Investing in Infrastructure" DOT Panel Date/Location: Jan. 8, 2018/ Washington Convention Cent.er Press: Yes Event Sponsor: Troutman Sanders/Species , Strategies & Solutions Group Topic: EO 13807 and Expediting Permitting for Infrastructure Projec ts Date/Location: Jan. 17, 2018/ Troutman Sanders , Washington , DC Press: No Thanks very much in advance , Mary Mary B. Neumayr Chief of Staff, Council on Environmental Quality 2 CEQ050FY 18091 _ 000002175 CEQ-18-0173-D-000151 ALEX HERRGOTT TALKING POINTS Transportation Research Board (TRB) Panel on "Investing in Infrastructure" January 8, 2018 and Troutman Sanders / Species, Strategies & Solutions Group Meeting January 17, 2018 1. THE PROBLEM o Before construction can begin on an infrastructure project, it must comply with potentially dozens of Federal statutes that are overseen by multiple Federal agencies. o But they were not adopted in any coherent or cohesive way. They require reviews, permits and studies that overlap, are redundant, and are often inconsistent. They do not share a single framework or t ime frame. o Over time, this has created a review process that is fragmented, unpredictable, and inefficient. o The process can take more than a decade just to get the permits and approvals to start construction. One agency alone can stall the project for years. o These delays are expensive-- One study has found that the average delay of six years for major infrastructure projects costs the United States economy over $3.7 trillion. o A major cause of these delays is that there are too many decision makers- o For a highway project, there can be as many as 10 different Federal agencies involved in 16 different permitting decisions-but without a single point of contact. And again, that doesn't count permits and approvals needed from State, local, and Tribal agencies. o For example: the Bayonne Bridge reconstruction involved consultation with 55 federal, state and local agencies and 47 permits This results in a process that is lengthy and unpredictable . 2. WHAT WE ARE DOING TO FIX THE PROCESS CEQ050FY18091 _000002176 CEQ-18-0173-D-000152 o This Administration is taking several steps to fix this problem. o The President signed an Executive Order implementing a policy of "One Federal Decision": o The Executive Order 13807, entitled, "Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects," implements a One Federal Decision policy for the processing of the environmental reviews and permitting decisions needed for major infrastructure projects. Under One Federal Decision: 1. Federal agencies will administer the NEPA review process so that a single Environmental Impact Statement (or EIS) and a single Record of Decision (or ROD) are prepared for all agencies, and so that the NEPAreview process is conducted concurrently with all applicable permitting decision processes so as to enable the necessary permitting decisions to be made within 90 days of the ROD; 2. Federal agencies will seek to complete the environmental review process within 2 years of the publication of a Notice of Intent to prepare an EIS; 3. Decisions will be more transparent and predictable regarding when the process will be complete and decisions will be made; and 4. With better coordination and planning, the administrative burden on agencies will be reduced by, for example no longer conducting redundant studies and avoiding the need to revisit earlier decisions made in the process. o CEQ,along with the National Economic Council, is convening a Federal interagency working group to develop the framework under which agencies will implement One Federal Decision. o This framework will establish the standard operating procedures for how agencies work together to process environmental reviews from beginning to end. 2 CEQ050FY18091_000002 176 CEQ-18-0173-D-000153 o The agencies will work together to identify the appropriate level of analysis needed to conduct the necessary environmental reviews and synchronize the public engagement and other procedural steps to ensure that all necessary decisions can be made within the timelines established by the Executive Order . o We will be holding Federal Agencies Accountable for Meeting Deadlines and Keeping on Schedule. o The Executive Order directs 0MB to establish a performance accountability system to ensure that agencies are implementing One Federal Decision, including the adherence to the lead Federal agency' s permitting timetable. o 0MB will also be establishing appropriate performance metrics to determine whether Federal agencies are following the One Federal Decision approach and what progress is being made toward meeting the Executive Order ' s 2-year goal for completion of EISs. o Also, for the first time, agencies will be required to track the costs of the environmental reviews. o Agency performance will be considered during budget formulation , and agency delays from the permitting timetable may be quantified. o Key agency personnel will also have performance criteria added to their performance plans to measure their effectiveness in processing project permits . o We are strengthening the Federal Permitting Improvement Steering Council. o We have added a management team led by NEC,which also includes 0MB and CEQ. o While CEQ is working on developing a better process for all project permitting, FPISCwill be focused on overcoming obstacles on a project by-project basis. o Although the primary focus of the Permitting Council's Executive Director will be on projects that are accepted by the Permitting Council as a FAST- 3 CEQ050 FY18091_000002176 CEQ-18-0173-D-000154 41 project, the Executive Director may also intervene in other projects in order to facilitate resolution of process bottlenecks. o The Permitting Council is made up of the Deputy Secretaries, or equivalents, of all of the various Federal agencies that are responsible for reviewing infrastructure projects, and meets on quarterly basis to discuss project implem entat ion issues. o We are Undertaking Aggressive Regulatory and Administrative Reform. o This Administration is reviewing the entire environmental review and permitting process for major projects to improve performance across the Government and hold agencies accountable. Under the President's Executive Order: o CEQwill develop and implement actions to improve environmental reviews Government-wide. For example, CEQis updating it s guidance on "effic ient environmental reviews" and is creating a "practitioner's guidebook" to simplify and accelerate NEPAreviews on infrastructure projects .. o FPISCwill mediate disagreements between agencies on key projects decisions are not delayed amid bureaucratic disputes. 3. OUR GOALS -Again, our goals for One Federal Decision are: o A single Federal Decision Coordinated by the Lead Agency -project sponsors will no longer need to go to multiple agencies for multiple environmental reviews and approvals for projects. This will take the burden off of State, local, and Tribal governments, and the industry, in navigating the Federal bureaucracy. o Shorter Review Times--Our goal will be to complete environmental reviews and permitting on average, in two years, and to issue permits within 90 days after the comp letion of the review process o A Transparent Predictable Schedule-Ea ch project will have a schedule for the environmental review and permitting, and agencies will be expected to adhere to those schedules and be accountable through performance measures and financial penalties. This will give greater assurances to project sponsors and potential investors as to when a project review might be comp let ed. 4 CEQ050FY18091 _000002176 CEQ-18-0173-D-000155 o Reduced Administrative Burdens- Through enhanced interagency coordination in conducting the environmental review and permitting process, agencies will reduce the overall administrative burden and save resources through the reduction of redundant analyses and revisiting of decisions, and will use prior analyses where available and applicable. 5 CEQ050FY18091 _000002176 CEQ-18-0173-D-000156 Inframovingforward From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8 dc4dc18bb681d14e44c8e9-he"> To: "Russell, Richard (EPW)" Date: Wed , 14 Feb 2018 16:24:09 -0500 Richard, Can I come by tomorrow and read you in on intel garnered from several hill visit yesterday and get a sense of lay of land so I can report back? Perhaps anyt ime from 9am -10:30 tomorrow or 1-3 pm? Alex Alexander Herrgot t Associate Di rector for Infrastructure Coun cil on Environmental Quality 1 CEQ050FY 18091 _ 000000569 CEQ-18-0173-D-000157 Meetingtoday From: To: patrick_bond@mccaskill .senate .gov, amanda_neely@hsgac.senate.gov Date: Wed, 14 Feb 2018 09:21:11 -0500 All. My apologies but a meeting bas emergedwith Members of Congressand the Presidenton the Infra Package. For Chairman and Rankingon traditionalauthorizationCom.minees. Can we we reschedulefor tomorrowor Friday? Regards, Alex Sent from my iPhone 1 CEQ050FY18091 _ 000000570 CEQ-18-0173-D-000158 RE: Inframovingforward From: "Russell, Richard (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Cc: 'T renti, Beth (EPW)" Date: Wed , 14 Feb 2018 16:28:26-0500 > Yes. Beth can find a time. From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Wednesday, February 14, 2018 4:24 PM To: Russell, Richard {EPW) Subject : Infra mov ing forward Richard, Can I come by tomorrow and read you in on intel garnered from several hill visit yesterday and get a sense of lay of land so I can report back? Perhaps anyt ime from 9am -10:30 tomorrow or 1-3pm? Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY18091_000001565 CEQ-18-0173-D-000159 RE: Meetingtoday From To: Date: "Neely, Amanda (HSGAC)" "Bond , Patrick (McCaskill)" , "Herrgott, Alex H. EOP/CEQ" Wed , 14 Feb 2018 09:36:51 -0500 1 tomorrow is better for me . Ama n da H. Nee ly General Counse l to Senator Rob Portman Depu ty Chief Counse l, Per ma nent Subcommittee on Investigations United States Senate / Aman da_Neely@HSGAC.Sen ate.Gov From: Bond, Patrick (McCaskill) Sent: Wednesday, February 14, 2018 9:28 AM To: Herrgott, Alex H. EOP/CEQ;Neely, Amanda (HSGAC) Subject: RE: Meeting today Would 1pm on Thursday o r Friday work? Sent : Wednesday, February 14, 2018 9 :21 AM To: Bond, Patrick {McCaskill) ; Neely, Amanda (HSGAC} Subject : Meeting today A ll. My apolog ies but a meeting has emerged witb Members of Congress and the Presideot on the Infra Package. Fo r Chairman and Ranking on traditiona l authorization Committees. Can we we resched ule for tomorrow or Friday? Rega rds, A lex Sent from my iPbone 1 CEQ050FY18091_000001568 CEQ-18-0173-D-000160 RE: Meetingtoday From To: Date: "Bond , Patrick (McCaskill)" , "Neely , Amanda "Herrgott , Alex H. EOP/CEQ" (HSGAC) " Wed , 14 Feb 2018 09:27:58 -0500 Would 1pm on Thursday o r Friday work? From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Wednesday, February 14, 2018 9:21 AM To: Bond, Patrick {McCaskill) ; Neely, Amanda (HSGAC) Subject: Meeting today All. My apologies but a meeting has emerged with Membe rs of Congress and the President on the Infra Package. For Chairman and Ranking on traditional authorization Committees. Can we we reschedule for tomo ITow or Friday? Regards, A lex Sent from my iPhone 1 CEQ050FY18091_000001569 CEQ-18-0173-D-000161 Questionneed answeredtonightif can From: To: Adrian Arnakis Date: Thu, 15 Feb 2018 21:02:37-0500 If we 're going to split up $10b how would you envision it. And so on. I want to push on open door early tomorrowmorningwith 0MB. Thoughts? Sent from my iPhone 1 CEQ050FY18091 _ 000000550 CEQ-18-0173-D-000162 Re: Meetingtoday From "He rrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Neely, Amanda (HSGAC)" Cc: "Bond , Patrick (McCaskill)" Date: Th u, 15 Feb 2018 10:31:19 -0500 I am in process oftryiog to frnd a good time Sent from my iPbone On Feb 14, 20 18, at 9:36 AM , Neely , Aman da (HSG AC) < Amanda Nccly@hsgac.scnatc.gov> wrote: 1 t omorrow i s bette r for m e . Ama nd a H. Nee ly Genera ] Counse l to Se nator Rob P ortma n Dep uty Chief Counse l, Perma nen LS ubcom rnitiee on In vestigat ions Un ited States Se nate / Amanda Neely@JISGAC .Se naLe.Gov From: Bond, Patrick (McCaskill) Sent: Wednesday,February14, 20189:28 AM To: Herrgott, Alex H. EOP/CEQ; Neely,Amanda(HSGAC) Subject: RE:Meetingtoday Would 1pm on Thurs day or Friday work? From: Herrgott, Alex H. EOP/CEQ [mailto Sent : Wednesday, February 14, 2018 9:21 AM To: Bond, Patrick {McCaskill) ; Neely, Amanda {HSGAC) Subject: Meeting today All. My apologies but a meeting has emerged with Members of Congress and the President on the Infra Package. For Chairman and Ranking on traditional authorization Committees. Can we we reschedule for tomorrow or Friday? Regard s, 1 CEQ050FY 18091 _ 000000563 CEQ-18-0173-D-000163 Alex Sent from my iPhone 2 Re: Meetingtoday From: To: "Neely, Amanda (HSGAC)" Cc: "Bond, Patrick (McCaskill)" Date: Thu, 15 Feb 201810:31:16-0500 I am in process of trying to find a good time Sent from my iPhone On Feb 14, 2018, at 9:36 AM, Neely, Amanda (HSGAC) wrote: 1 tomorrow is better for me. Amand a H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Counsel, Perma nent Subcommittee on Investigations United States Senate / Amanda Neelv@IISGAC.Scnatc.Gov From: Bond, Patrick (McCaskill) Sent: Wednesday,February 14, 2018 9:28 AM To : Herrgott, Alex H. EOP/CEQ;Neely, Amanda (HSGAC) Subject: RE: Meeting today Would 1pm on Thurs day or Friday work? From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Wednesday, February 14, 2018 9:21 AM To: Bond, Patrick (McCaskill) ; Neely, Amanda (HSGAC) Subject: Meeting today All. My apologies but a meeting bas emerged with Members of Congress and the President on the Infra Packa ge. For Chairman and Ranking on traditiona l authorizat ion Committees. Can we we reschedule for tomorrow or Frida y? Regards, Alex 1 CEQ050FY18091_000001308 CEQ-18-0173-D-000165 Sent from my iPhone 2 Re: Questionneed answeredtonightif can From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 15 Feb 2018 22:22:43-0500 I am hearing approps are looking at about $48 for the transporta tion, $500 million to $18 for broadband and the rest to water, et.all That wouldn 't be a bad outcome from my perspective. -------- Original message -------From: "Herrgoll, Alex H. EOP/CEQ" Date: 2/ 15/18 9:02 PM (GMT-05:00) To : "Arnak:is, Adrian (Commerce)" Subject: Question need answered tonight if can If we're going to split up $10b how would you envision it. And so on. I want to push on open door early tomorrow morning with 0MB. Thoughts? Sent from my iPhone 1 CEQ050FY18091_000001562 CEQ-18-0173-D-000167 RE: Meetingtoday From: "Neely, Amanda (HSGAC)" To: "Herrgott, Alex H. EOP/CEQ" Cc: "Bond, Patrick (McCaskill)" Date: Thu, 15 Feb 2018 18:03:57-0500 How about Tuesday? I t's the only day I'm here next week. Thanks! Amand a H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Counse l, Perma nen t SubcommiUee on Inv est.igations United States Senat e / Amanda_Neely @RSOAC.Sen ate.Oo v From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Thursday, February 15, 2018 10:31 To: Neely,Amanda(HSGAC) Cc: Bond, Patrick(McCaskill) Subject: Re: Meetingtoday I am in process of trying to find a good time Sent fro m my iPhooe On Feb 14, 2018 , at 9:36 AM , Nee ly, Amanda (HSGAC) wrote: 1 tomorrow is better for me. Amanda H. Neel y Genera l Coun se l to Sen ator Rob Portman Deputy Chi ef Counsel, Per man ent Subcommittee on Inv estigat ion s Unit ed States Sen ate / Amanda Neel y@HSGAC .SC'nate.Gov From: Bond, Patrick(MCCaskill) Sent: Wednesday,February 14, 2018 9:28 AM To: Herrgott, Alex H. EOP/CEQ;Neely,Amanda(HSGAC) Subject: RE: Meetingtoday Would 1pm on Thursday or Friday work? 1 CEQ050FY 18091 _ 000003099 CEQ-18-0173-D-000168 Sent: Wednesday, February 14, 2018 9:21 AM To: Bond, Patrick (McCaskill) ; Nee ly, Amanda (HSGAC) Subject: Meeting today All. My apolog ies but a meeting bas emerged with Members of Congress and the President on the Infra Package. For Chairman and Ranking on traditiona l authorizat ion Committees. Can we we reschedule for tomorrow or Friday? Regards, Alex Sent from my iPhone 2 CEQ050FY 18091 _ 000003099 CEQ-18-0173-D-000169 Re: Questionneed answeredtonightif can From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ ization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Arna kis, Adrian (Commerce)" Date: Fri, 16 Feb 2018 07:50:37 -0500 Hmm Free to chat before my 8:45 Gary Cohn meeting Sent from my iPhone On Feb 15, 20 18, at 10:23 PM , Arnakis , Adr ian (Commerce) wrote: I am hearing approps are looking at about $48 for the transportation , $500 million to $1B for broadband and the rest to water, et.all That wouldn't be a bad outcome from my perspective. -------- Original message -------From: "Herr gott, Alex H. EOP / CEQ" Date: 2/1 5/18 9:02 PM (GMT-05:00) To: "Arnakis , Adr ian(Commerce)" Subject: Question need answered tonight if can If we're going to spl it up $! Ob how wou ld you env ision it. Andso on. I want to push on opendoorearly tomorrowmorningwith0MB. Tbougbts? Sent from my iPhone 1 CEQ050FY 18091_000000547 CEQ-18-0173-D-000170 Re: Questionneed answeredtonightif can From: To: "Arnakis , Adrian (Commerce)" Date: Fri, 16 Feb 2018 07:50:37 -0500 Hmm. Free to chat before my 8:45 Gary Cohn meeting Sent from my iPhone On Feb 15, 20 I 8, al I 0:23 PM , Arnakis, Adr ian (Commerce) wrote: I am hearing approps are looking at about $48 for the transportation , $500 million to $1 B for broadband and the rest to water, et.all That wouldn't be a bad outcome from my perspective . --------Original message -------From: "Herrgott, Alex H. EOP/CEQ" Date: 2/15/ 18 9:02 PM (GMT-05:00) To: "Arnakis, Adr ian (Commerce)" Subject:Questionneedansweredtonightif can If we' re going to split up $ !Obbow would you envision it. And so on. l want to push on open door early tomorrow morning with 0MB. Thoughts? Sent from my iPhone 1 CEQ050FY18091_000001157 CEQ-18-0173-D-000171 Re: Questionneed answeredtonightif can From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 16 Feb 2018 08: 19:42 -0500 -------- Original message -------From: "Herrgou, Alex H. EOP/CEQ" Date : 2/16 / 18 7:50 AM (GMT-05:0 0) To: "Arnak.is, Adrian (Collllllerce)" Subject: Re: Question need answered tonight if can Hmm Free to chat before my 8:45 Gary Cohn meeting Sent from my iPhone On Feb 15, 2018, at I 0:23 PM, Amakis, Adrian (Commerce) wrote: I am hearing approps are looking at about $48 for the transportation , $500 million to $1 B for broadband and the rest to water, et.all That wouldn't be a bad outcome from my perspective. -------- Original message -------From: "Herrgott, Alex H. EOP/CEQ" Date: 2/ 15/18 9:02 PM (GMT-05:00) To: "Arnakis, Adr ian (Commerce)" Subject: Ques t ion need answered tonight if can If we're going to split up $)Ob how would you envision it. And so on. I want to push on open door early tomorrow morning with 0MB. Thoughts? 1 CEQ050FY 18091 _ 000002287 CEQ-18-0173-D-000172 Sent from my iPhone 2 MOU docs From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchan ge administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8 dc4dc18bb681d14e44c8e9-he"> To: "Neely , Amanda (HSGAC)" Date: Mon, 09 Apr 2018 16:09:23 -0400 Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY 18091_000000637 CEQ-18-0173-D-000174 RE: MOU docs From: "Nee ly, Amanda (HSGAC)" To: "Herrgott,Alex H. EOP/CEQ" Date: Mon. 09 Apr 2018 18:44:11 -0400 Thank you! Amand a H. Neel y General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanen t Subcommittee on Investigations United States Senate I Amanda _Neely@HSGAC.Senate .Gov From: Herrgott,Alex H. EOP/CEQ[mailto Sent: Monday, April 09, 2018 4:09 PM To: Neely, Amanda (HSGAC) Subject: MOUdocs Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental Quality 1 CEQ050FY 18091 _ 000002223 CEQ-18-0173-D-000175 Re: WH aviationinfrastructure provisions From "He rrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exch ange administrative group (fydibohf23spdl t)/cn=recipien ts/cn=45656107f8 dc4dc18bb681d14e44c8e9-he"> To: "Arna kis, Adrian (Commerce)" Date: Wed , 18 Apr 20 18 10:54:54 -0400 Shall [ send to Devon or do you want to work it on your end. Not hidin g the ball, provisions shouldn 't be controversial unless I'm missingsomething Sent from my iPhone On Apr 18, 2018, at 10:54 AM, Arnakis, Adrian (Commerce) wrote: Thanks. We will for sure take a look . ----.--. Original message ------.From: "Herrgon, Alex H . EOP/CEQ" Date: 4/ 18/18 10:47 AM (GMT- 05:00) To: "Arnaki s, Adrian (Commerc e)" Subject: WR aviation infrastructure provisions Hey, as I men t ioned yeste rday, t hese are the provisions we hope you wo uld consider in the FAA package. The expla natio ns are in the leg princip les. TIFIA eligibi lit y t o airports and ports is a big one and somet hing we are pushing hard . FAA sent these to T&I as well and had the primary pen on putting t hese toge th er. a lex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY 18091 _ 000000324 CEQ-18-0173-D-000176 Fwd:WH aviationinfrastructure provisions "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: devon_barnhart@commerce .senate.gov Date: Wed , 18 Apr 2018 16:54:39 -0400 WH airport infrastructure principles.pdf (1.5 MB); 041318 ARP TA Airport Privatization.docx (25.39 kB); 041318 ARP TA post-expenditure audits.docx (36.62 Attachments kB); ARP TA on expanded PFC streamlin ing 040618.docx (32.99 kB); ARP TA on review and approval of nonaeronaut ical uses 040918 .docx (37 .3 kB); ARP TA on using AIP for incentive payments 040618.docx (27.96 kB); TIFIA Port and Airport TA (4.2018).docx (12.73 kB) I meant to send these to you. Take a look and let me know wbat your team thin.ks. Sent from my iPhone Begin forwarded message: From: "Herrgou, Alex H. EOP/CEQ" Date: April 18, 2018 at I 0:44:51 AM EDT To: "'Arnakis, Adrian (Commerce)"' Subject: WH aviation infrastructure provisions Hey, as I mentioned yesterday , t hese are the provisions we hope you wo ul d consider in the FAA package. The expla nations are in t he leg princip les. TIFIA eligibi lity to airports and ports is a big one and something we are pushing hard. FAA sent these to T& I as well and had the primary pen on putting t hese toget her. a lex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY 18091 _ 000000646 CEQ-18-0173-D-000177 Legislative Outline for Rebuilding Infrastructure in America THE WHITE 1 HOUSE CEQ050FY18091_000000647 CEQ-18-0173-D-000179 Federal agencies also would conduct regular audits to ensure that funds were used for eligible costs. IV. INFRASTRUCTURE FINANCING PROGRAMS The below infrastructure financing proposals would dedicate $20 billion of the overall amount to advance major, comp lex infrastructure projects by increasing the capacity of existing Federal credit programs to fund investments and by broadening the use of Private Activity Bonds (PABs). Of the appropriated funds, $14 billion would be made available for the expansion of existing credit programs to address a broader range of infrastructure needs, giving State and local governments increased opportunity to finance lar ge-scale infrastructure projects under terms that are more advantageous than in the financial market. All funds remaining in credit programs ten years after enactment would be diverted to the Federal cap ital financing fund, to allow for efficient acquisition of real property. The budgetary cost for the expans ion of PABswould be $6 billion. These provisions would provide tools and mechanisms for market participants to invest in public infrastructure. A. Expand Transportation Infrastructure Finance and Innovation Act (TIFIA) Funding and Broaden Program Eligibility o o B. Additional budget authority would be made available to DOT for subsidy costs under TIFIA. Specific funds set aside from the appropriated subsidy would be appropriated to DOT, notwithstanding Section 2001 of the Fixing America 1s Surface Transportation Act of 2015, and would remain available until end of Fiscal Year 2028. Support airport and non-Federal waterways and ports financing options. TIFIA currently limits project eligibility to those that are eligible for Federa l assistance through existing surface transportation programs (highway projects and transit capita l projects). Port and airport infrastructure enhancement and expansion projects across the United Stat es do not have access to the credit assistance that is available via TIFIA for other types of transportation infrastructure projects, making it more difficult for project sponsors to pursue altern ative project delivery for airports and to implement critical airport infrastructure improvements. Amending the project eligibility in the TIFIA sta tu te to enab le TIFIA to offer loans and other credit assistance to non-F ederal waterways and port s and airport projects (such as renovated or new passenger terminals , runway s, and related facilities) would incentivize project delivery for airports and ports and would accelerate overall improvements in airport and seaport infrastructure. Expand Railroad Rehabilitation and Improvement Financing (RRIF)and Broaden Program Eligibility 10 2 CEQ050FY18091_000000647 CEQ-18-0173-D-000180 Reconcil e the grandfat hered restrictions on use of hig hway toll revenuesw ith current law. Toll facilities that received Federal approva l under the Surface Transportation and Uniform Relocation Assistance Act of 1987 (STURRA) may use toll revenues only for the construction, reconstruction, operation, and debt service of the toll facility itself. Current law, however, allows other to ll facilities to use toll revenues (in addition to the costs noted above) on other title 23 projects. The tighter restrictions, specific to the STURRAtoll facilities, prevent some States from devoting existing toll revenues to other critical highway projects. Adjusting the STURRA "use of revenues>> provisions to align with current toll authorities would free these resources and allow other critical highway projects to go forward. o Extend Streamlined PassengerFacili ty Charge Processfrom Non-hub Airports to Small Hub Airports 2. o o o 3. Current law (49 U.S.C. 40117) outlines the application process to impose passenger facility charges (PFCs), as well as the approval process and pilot program for alternative procedures. Sma ll , medium, and large hub airports must provide extensive documentation in PFC applications to demonstrate the eligibility, justification, objective, project costs, significant contribution (large and medium hubs) and other requirements. The streamlined non - hub process requires reduced information, primarily relating to project descriptions and costs. Current law creates an unreasonab le burden on sma ll hub airports filing PFC applications. Extending the streamlined PFC process to sma ll hub airports would allow these airports to more readily fund needed development as we ll as reduce de lays and unnecessary requirements in the PFC process. Provide StatesFlexibility to CommercializeInterstate RestAreas o o o 4. Federal law prohibits most commercial activity within the Interstate right-ofway, including at Interstate rest areas . This limits infrastructure investment opportunities and the ability to generate revenues to operate and maintain Interstates . Amending the law (23 U.S.C. 111)to provide States flexibility to commercia lize Interstate rest areas, and requiring the revenues to be reinvested in the corridor in which they are generated, wou ld support new infrastructure investment. States would not be permitted to charge fees for essentia l services such as water or access to restrooms. Provide New Flexibility for Transportation Projects with De Minim is Federal Share o Under current law , even when a State or private sector entity provides the majority of the funding for a project, it st ill must seek review and approval under the laws of any Federal agency with jurisdiction . 21 3 CEQ050FY18091_000000647 CEQ-18-0173-D-000181 E. Airports 1. CreateMore Efficient FederalAviation Adm inistration Oversightof Non-aviation DevelopmentActivities at Airports o The Federal Aviation Administration (FM) has conducted long -standing reviews of projects other than critical airfield infra struct ure (including terminals, access and service roads, hangars, and other types of facilities) (based on statutory requirements set forth in 49 U.S.C.Chapter 4711 particularly Sections 47102-47113 and Section 50101). o This burdens FM to review projects other than critical airfie ld infrastructure, and as a result, slows project delivery. o Amending the law (49 U.S.C.47107) to limit FM approva l and oversight of nonaviation development activities at airports would create more efficient FM oversight of critical airfield infra structure. ReduceBarriersto Alternative ProjectDeliveryfor Airports 2. o Current law (49 U.S.C.47134) provides that, under an existin g pilot program, 65 percent of carriers at an airport must approve privatization to privatize an airport. The current pilot program is limited to only 10 airports, including only one larg e hub airport. o The pilot program allows individual air carriers to overturn an airport 1s desire to privatize, blocking private investments in airports. o Removing the limitation on the number and size of airports that can participate in the pilot program and decreasing the percentage of airlines needed to approve privatization from 65 percent to a majority vote would reduce barriers to alternative project delivery for airports and provide more flexibility for carriers to approve privatization. ClarifyAuthority for Incentive Payments under the Airport Improvement Program 3. o o o Curren tly , the Airport Improvement Program (AIP) does not allow incentive payments for accelerated construct ion. This adds tim e to AIP projects, since they cannot pay for accelerated comp let ion . Clarifying the authority under the AIP (49 U.S.C.47110) to permit additional financial incentives, along with profit margin, for contractors would increase work efficiency and reduce project comp letion times. Move Oversightof AIP Funds to Post-expenditure Audits 4. o Current law (49 U.S.C.47104 - 47106) requires FM to review and approve grant applications under the AIP. 26 4 CEQ050FY18091 _000000647 CEQ-18-0173-D-000182 o This oversight sometimes causes delays in sponsors receiving funds assigned to the ir airports. o Revising the statutory requirements for AIP to shift FAAoversight from grant applications to post-expenditure audits wou ld expedite conveyance of funds to sponsors. II. WATERINFRASTRUCTU RE The below water infrastruct ure provisions would incentivize the development of effective and efficient water infrastructure, outcome-based procurement, and full life-cycle asset management to improve water infrastructure. These changes would provide greater flexibilities for USACEand its non - Federal partners to use available Federa l and non-Federal funds, generate new revenues and reta in certain revenues in support of project requirements, make greater use of contributed funds, and allow for innovative use of contracting tools. A. Financing 1. Authorize CleanWater Revolving Fund for Privately Owned Public-purpose Treatment Works o Current law allows the DWSRFto lend to private owners. However, the Clean Water State Revolving Fund (CWSRF)is genera lly restricted to pub licly owned wastewater projects. o Privately owned public-purpose treatment works are not eligib le for CWSRF funding at the Federa l level. o Authorizing the CWSRF(33 U.S.C.1383) to provide financia l ass istance to publicly owned and privately owned public-purpose treatment works wou ld make more funding available for treatment works. Provide New Flexibility for Water Projectswith De Minim is FederalShare 2. o Under current law, even when a State or private sector entity provides the majority of the funding for a project, a project must still obtain review and approva l under the laws of any Federa l agency with jurisdiction . o The additiona l procedures, costs, and time delays associated with Federa l requ irements discourage infrastructure investments by State and local entities and private investors. These legal restrictions also contribute to delays in delivering needed projects even when the Federa l interest is sma ll. o Amending the law to provide targeted flexibility pertaining to the application of Federal requirements where the project funding is primarily non - Federal and the Federal share is minima l would increase investments in water infrastructure and reduce project delays and costs. B. Water Programs 27 5 CEQ050FY18091 _000000647 CEQ-18-0173-D-000183 Technical Assistance ALTERNATIVE PROJECT DELIVERY -AIRPORT PRIVATIZATION Sect ion 47134 of Title 49 provides the requirements for Airport Privatization Program . This proposal revises this section by establishing the permanency of the program with the elimination of the word "pilot ," eliminates caps on the number of airports allowed to participate in the program (including limits on large hub airports) , and changes the approvals for privatizations from 65% percent to at least half whi le shifting the burden for objecti ng to tenants . Lastly , the provision reduces the percentage for approvals of higher fee increases from 65% to at least half. Proposed Bill Language: Sec._ . AIRPORT PRIVATIZATION . (a) IN GENERAL -Sect ion 47134 is amended(1) in the heading , by striking "Pilot program " and insert ing in its place "Program "; (2) in subsection (b ), in the matte r preceding paragraph (1), by strik ing ", with respect to not more than 10 airports ," (3) in subsection (b ), by striking "at least 65 percent " each place it appears and inserting in its place "at least half '; (4) in subsection (b ), paragraph (1 )(A), by striking "as may be approved" and inserting "unless"; (5) in subsection (b ), parag raph (1 )(A)(i), by inserting "object in writing to th e sponsor in accordance w ith paragraph (1 )(B)" after "during such year"; (6) in subsection (c), by str iking "at least 65 percen t" each place it appea rs and inserting in its place "at least half'; (7) by striking subsect ion (d) and insert ing the following: "(d) PARTICIPATIONOF CERTAINAIRPORTS.-The Secretary may favo rably conside r applications submitted by a sing le , existing pub lic airport sponsor for multiple airports in its system "; (8) in subsection (m), by inserting "or an unclassified nonpr imary airport " after "commercial service airport" ; and (9) by adding after subsection (m) the follow ing: "(n) SPONSORPRIVATIZATIONPLANNING."(1 ) GRANTS.-The Secretary may provide grants to existing public airport sponso rs to carry out sponsor privatization planning (as defined in section 47102) for the purpose of protecting the interests of the public airport sponsor , the trave ling public , and the Federa l Government. "(2) LIMITATIONON FEDERAL SHARE.-The Federal share of the cost of sponsor privatizat ion planning under this subsection is established under section 47109(a), and may not exceed $500 ,000 per sponsor . "(3 ) FUNDING.-Not more than $5,000 ,000 may be used to carry out this subsect ion "(4) PROHIBITIONON USE OF FUNDS.-Such grants may not be used to fund stipends or other types of fees or reimbursement offered or paid to incentivize prospect ive purchase rs or lessees to pursue such opportunities. "(5) CONDUCTPOLICY FEASIBILITY STUDY. - CEQ050FY18091_000000649 CEQ-18-0173-D-000184 [APG] "(A) The Secretary shall direct the Adm inistrator of the Federal Aviation Administration to study the policy feasibility of public-private partnersh ips (in which a public-sector airport owner enters into a corporate structure with one or more commercial entities) to jointly operate airports; "(B) Not more than $500,000 shall be directed from the funds provided in Section 48103 towards conducting the study under subparagraph (5) herein; and "(C) Findings from the policy feas ibility study shall be submitted to the Secretary not later than 18 months after the date of enactment of this Act." (b) PLANNING.- Paragraph (5) of section 47102 is amended(1) in subparagraph (B), by striking "and"; (2) in subparagraph (C)(A) by striking the period and inserting in its place a semicolon ; (B) by inserting "and" after the semicolon ; and (3) by adding after subparagraph (C) the following: "(D) sponsor privatization planning , consisting of professional services to evaluate the legal and financial risks to the existing public airport sponsor and associated federal interests if the sponsor were to proceed with either"(i) the potential sale or lease of an airport to a person other than a public agency;or "(ii) the formation of a public-private partnership for airport development or operation." Proposed Amendments: ?47134. Program on private ownership of airports (a) Submission of Applications.-lf a sponsor intends to sell or lease a genera l aviation airport or lease any other type of airport for a long term to a person (other than a public agency) , the sponsor and purchaser or lessee may apply to the Secretary of Transportation for exemptions under this section. (b) Approval of Applications.-The Secretary may approve , with respect to not more than 10 airports, applications submitted under subsection (a) granting exemptions from the following provisions: (1) Use of revenues.(A) In general.-The Secretary may grant an exemption to a sponsor from the provisions of sections 47107(b) and 47 133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved unless (i) in the case of a primary airport, by at least 65 percent at least half of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 2 CEQ050FY18091_000000649 CEQ-18-0173-D-000185 (APG] aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at lea st 65 percent at least half of the total landed weight of all aircraft landing at the airport during such year object in writing to the sponsor in accordance with paragraph (1 )(B) ; or (ii) in the case of a nonpr imary airport , by the Secretary after the airport has consu lted with at least 65 percent at least half of the owners of aircraft based at that airport, as determined by the Secretary. *** (c) Terms and Conditions.-The Secretary may approve an application under subsect ion (b) only if the Secretary finds that the sale or lease agreement includes provisions satisfactory to the Secretary to ensure the following: (1) The airport will continue to be available for public use on reasonable terms and conditions and without unjust discrimination. (2) The operation of the airport will not be interrupted in the event that the purchaser or lessee becomes inso lvent or seeks or becomes subject to any State or Federal bankruptcy, reorganization , insolvency , liquidation, or disso lution proceeding or any petition or similar law seeking the dissolution or reorgan izat ion of the purchaser or lessee or the appointment of a receiver, trustee, custodian, or liquidator for the purchaser or lessee or a substantial part of the purchaser or lessee's property , assets , or business . (3) The purchaser or lessee will maintain , improve , and modernize the facilit ies of the airport through capital investments and will submit to the Secretary a plan for carrying out such maintenance , improvements , and modernization. (4) Every fee of the airport imposed on an air carrier on the day before the date of the lease of the airport will not increase faster than the rate of inflation unless a higher amount is approved (A) by at least 65 percent at least half of the air carriers serving the airport; and (B) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent at leas t half of the total landed weight of all aircraft landing at the airport during such year. (5) The percentage increase in fees imposed on general aviation aircraft at the airport wi ll not exceed the percentage increase in fees imposed on air carriers at the airport. (6) Safety and security at the airport will be maintained at the highest possible levels . (7) The adverse effects of noise from operations at the airport will be mitigated to the same extent as at a public airport. (8) Any adverse effects on the environment from airport operations will be mitigated to the same extent as at a public airport. (9) Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease . (d) Part icipation of Certa in Airports .- The Secretary may favorably consider applicat ions submitted by a single , existing publ ic sponsor that has multip le airports in its system .Participation of Certain Airports. (1) General aviation airports. If the Secretary approves under subsection (b) applications with respect to 5 airports, one of the airports must be a general aviation airport. This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 3 CEQ050FY18091_000000649 CEQ-18-0173-D-000186 (APG] (2) Large hub airports. The Secretary may not approve under subsection (b) more than 1 application submitted by an airport that had 1 percent or more of the total passenger boardings (as defined in section 47102) in the United States in the preceding calendar year. *** (m) General Aviation Airport Defined .-ln this section, the term "general aviation airport" means an airport that is not a commercial service airport or an unclass ified nonprimary airport . (n) SPONSORPRIVATIZATIONPLANNING.(1) GRANTS.-The Secretary may prov ide grants to existing public airport sponsors to carry out sponsor privat izat ion planning (as defined in sect ion 47102) for the purpose of protecting the interests of the publ ic airport sponsor, the traveling pub lic, and the Federal Government. (2) LIMITATIONON FEDERALSHARE.- The Federal sha re of the cost of sponsor privatization planning under this subsection is established under section 47109(a), and may not exceed $500 ,000 per sponso r. (3) FUNDING.- Not more than $5 ,000 ,000 may be used to carry out th is subsect ion (4) PROHIBITION ON USE OF FUNDS.- Such grants may not be used to fund stipends or other types of fees or reimbu rsement offered or paid to incentivize prospective purchasers or lessees to pursue such opportunit ies . (5) CONDUCTPOLICYFEASIBILITYSTUDY. (A) The Secretary shall direct the Administrator of the Federal Aviation Administration to study the policy feasibility of public-pr ivate partnersh ips (in which a public -sec tor airport owner enters into a corporate structure w ith one or more commercia l ent ities) to jo intly operate airports ; (B) Not more than $500,000 shall be directed from the funds provided in Section 48103 towards conducting the study under subparagraph (5) herein; and (C) Findings from the policy feasib ility study shall be subm itted to the Secretary not later than 18 months after the date of enactment of this Act. ?47102. Definitions In this subchapter- *** (5) "airport planning" means planning as defined by regulations the Secretary prescribes and includes(A) integrated airport system planning; (B) developing an environmental management system; aR4 (C) developing a plan for recycling and minimizing the generation of airpo rt solid waste, consistent with applicable State and local recycling laws , including the cost of a waste audit.,.; and This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 4 CEQ050FY18091 _000000649 CEQ-18-0173-D-000187 (APG] (D) sponsor pr ivatization planning, cons isting of professiona l services to eva luate the legal and financ ial risks to the existing publ ic airport sponsor and associated federa l interests if the sponsor were to proceed with either(i) the potential sa le or lease of an ai rport to a person other than a public agency ; or (ii) the formation of a pub lic-private partnership for airport development or operat ion . This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 5 CEQ050FY18091 _000000649 CEQ-18-0173-D-000188 Technical Assistance Move Oversight of AIP funds to Post-Expenditure Audits This section would create a Post-Expenditure Audit Pilot program for the AIP. The pilot program will include up to 50 airports across five airport categories and last for 3 years. The pilot includes terms and conditions applicable to the FAA and an airport sponsor participating in the program such as application procedures and acceptance, record of compliant posture, certification of compliance with applicable statutes, regulations , and policies as well as transference of responsibilities and liabilities from the FAA to participating sponsors. The proposed section also defines the requirements that must be met prior to program extension and expansion as well as oversight and penalties for non-compliance findings. Sec. . PILOT PROGRAM ON POST-EXPENDITURE AUDITS. Chapter 471 of title 49, Un ited States Code, is amended by inserting after section 47 142 the following- "? 47143. Pilot Program on Post-Expenditure Audits "(a) IN GENERAL.-The Administrator of the Federal Aviation Administration shall select up to 50 airports to participate in a post-expenditure audit pilot program , using the following airport category limitations"( 1) Not to exceed ten large hub airports , as defined in section 4 7102( a)( 11) of this title; "(2) Not to exceed ten mediwn hub airports, as defined in section 47102(a)(13) of this title ; "(3) Not to exceed ten small hub airports, as defined in section 47102(a)(25 ) of this title; "(4) Not to exceed ten non hub airports, as defined in section 47102(a)(l4) of this title; and "(5) Not to exceed ten nonprimary airports (which may be classified as National, Regional , Local , or Basic). " (b) APPLICATION.- "( 1) The Administrator shall"( A) Announce the availability , deadline , and application process for the pilot program within 60 days of the date of enactment of this section . The pilot program shall commence in the fiscal year following enactment. "(B) No t accept more than one airport owned and operated by a sponsor to participate in the pilot program established under this section. "(C) Consider previous sponsor compliance with grant assurance obligations , revenue use, and other risk factors in deciding whether to accept the sponsor's application. "(D) Exclude an airport sponsor found to have diverted revenue under section This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. CEQ050FY18091 _000000651 CEQ-18-0173-D-000189 Technical Assistance [APG] 471 lS(f) of this title from participating in the pilot program. "(E) Notify the sponsor of an accepted airport in writing no later than 60 days after receipt of the sponsor's application. "(2) A sponsor selected to participate in the pilot program shall"(A) Submit a written request to participate in the pilot program to the designated office of the Federal Aviation Administration no later than the deadline established by the Administrator. "(B) Assume full legal liability and responsibility for compliance with the Administrator's established requirements for project eligibility and justification, as well as all statutory, regulatory and policy requirements governing airport safety and standards including design , construction, specifications, durabilit y, and obstructions . "(C) Provide to the FAA at the time of application a letter from the sponsor's authorized representati ve, co-signed by the sponsor's attorney , certifying the ability and legal authority of the sponsor to meet the requirements of the pilot program. "(D) Retain full responsibility for compliance with all applicable federal statutory and regulatory requirements governing the administration of the funds provided under this chapter. "(E) Accept full responsibility to repay to the Federal Aviation Administration any funds awarded under this pilot program that may subsequently be found by the FAA or any authorized oversight agency to have been used improperly. "(3) Upon acceptance of a sponsor's request to participate in the pilot program under this section, the Federal Aviation Administration shall be relieved of its responsibilities to monitor sponsor compliance with applicable Federal statutory and regulatory procurement requirements, including those cited in the airport sponsor's grant assurances , prior to grant award. "( c) REPAYMENT OFlMPROPERLY USEDFl JNDS .- N otwithstanding subsection 4 7106( d), if at any time during or after the conclusion of this pilot program , a participating sponsor is found to have violated the terms or conditions of this pilot program , the Federal Aviation Administration shall recover the full amount of the funds used improperly , either by"( I) reducin g the sponsors' apportionments (without the need for a hearing) for the fiscal years following the improper use , until the amount improperly used is recovered ; or "(2) requiring the sponsor to return the funds to the Federa l Aviation Administration. "(d) DURATlON .-The pi lot program under this section shall terminate on September 30 of the third fiscal year following commencement. "( e) SAVlNGSCLAUSE.-Nothing in this section shall be construed as limiting the Administrator's authority to take corrective measures based on the results of post-expenditu re audits. "( e) CONFORMING AMENDMENT.-The analysis for chapter 4 71 is amended by inserting after the item relating to section 47142 the following: "47 143. Pilot Program on Post -Expenditure Audits.". This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091_000000651 CEQ-18-0173-D-000190 PFC- Expand Streamlining to Small Hub Air ports The current law, 49 U.S.C. 40117(c) , {d), and (1), prescribes the application process to impose PFCs and includes a streamlined process for nonhub airports . This proposal would extend the streamlined process to small hub airports. An additional option includes extending the streamlined process for certain types of projects even at large and medium hub airports (where the PFC application consists solely of airfield rehabilitation projects , or projects that provide the local share for an already-approved AIP project). Section 40117( 1) would be revised to read as follows: (1) [PILOlj PROGRAM FOR PASSENGE R FACILITY CHARGE AUTH ORIZA TTONS AT NONHUB AND SM.ALL HUB AIRPORTS .- Commented [BE(l ]: FM is mindf\11that Congress has previouslysignaled i1sinlent to clim.iuatc1hc word "pilot" fromthis section. but we are nol suggesting it herebecausewe are now proposing lo broadentile applicabilityof the program andto assess it after three years. (I) IN GENE RAL-The Secreta ry shall estab lish a pilot program to test alternat ive procedure s Accordingly, we are 00 1 reconu.neoding removal of the word"pifot" at this time. for authorizing e ligib le agenc ies for nonhub and small hub airports to impose passenger facility charges. An eligible agency may impose in accordan ce with the provi sions of thi s subsectio n a passenger facility charge under this sec tion. For purp oses of the pilot program , the procedures in this subsect ion sha ll apply instead of the procedures otherwise provided in this sect ion. It would also be revised to add the following new subsection : (n) PROJECTS TO FUND LOCAL SHARE AND CERTAJN A.IP PROJECTS .- ( 1) lN G ENERAL-The Secretary shall establish and implement alternative procedures lo simp lify and streamline the app lication and authorizat ion process for an eligible agency of a large hub or medium hub airport to impose a passenger facility cha rge . Such allernative procedures shall apply instead of the procedures otherw ise provided in this section for a large hub or medium hub airport to fmance- (A) the agency 's non-Federal share of the allowable project costs of a project already funded with amounts apportioned under chapter 4 7 1; or (B) projects for runway or taxiway rehabilitation , land acquisition , drainage improvements , or acquisition of firefighting equipment or snowplows . CEQ050FY18091 _000000653 CEQ-18-0173-D-000191 [APG] (2) lMPLEMENTA TION.- Not later than 180 days after the dat e of enactment of this subsection , the Secretary shall establish procedures to implement this provi sion . (3) EVALUATION.- Not later than three years after the date of enactment of this subsection , the Secretary shall prepare a summaiy eva luation of outcomes , includin g appli catio n time save d and other factors ." Proposed Bill Language: SEC. . STREAMLINED PFC APPLICATION TO FINANCE LOCAL AIP PROJECT SHARE. Section 4011 7 of title 49 , United States Code is amended ( I) in subsection (l), in the heading, by inserting "and small hub airports " after " nonhub "; (2) in paragraph (1)(1), in the first sentence , by inserting "and sma ll hub " after "nonhub "; and (3) by adding at the end the following"(n) PROJECTS TO FUND LOCAL SHARE AND CERTAJN AIP PROJ ECTS."( 1) IN GENERAL .- The Secretary shall establish and implement alternative procedures to simpl ify and streamline the application and authorization process for an eligible agency of a large hub or medium bub airport to impose a passenger facility charge. Such alternative procedures shall app ly instead of the procedures otherwise provided in this section for a large hub or medium hub airport to finance- " (A) the agency ' s non-Federa l share of the allowab le project costs of a project already funded with amounts apportioned under chapter 471 ; or " (B) projects for runway or taxiway rehabil itation , land acquisition , drainage improvements, or acquisition of firefighting equipment or snowplows. "(2) IMPLEMENTATION.-Not later than 180 days after the date of enactment of this sub section , the Secretary shall establish procedures to implement this provision . This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091 _000000653 CEQ-18-0173-D-000192 [APG] "(3) EVALUATION.-Not later than three years after the date of enactment of this subsection , the Secretary shall prepare a summary evaluation of outcome s, including application time saved and other factors." This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 3 CEQ050FY18091 _000000653 CEQ-18-0173-D-000193 Technical Assistance Limiting FAA review and approval of nonaeronautical development The objective of this change is to provide greater legislative clarity regarding what types of changes to an Airport Layout Plan require FAA review and approval. The proposed language essentially limits FAA review and approval to changes that would affect the movement of aircraft, or that adversely affect prior federal investments. Proposed Bill Language: Sec. . REVlEW OF NONAERONAUTICAL USES . Section 47107(a)(l6) of title 49 , United States Code , is amended (!) in subparagraph (B) , by(A) inserting " review and" before "approve "; and (B) striking everything after "approve " and inserting "or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport or that would adversely affect the safety of people or property on the ground adjacent to the airport as the result of aircraft operations , or that adversely affect the value of prior federal investments ;"; (2) in subparagraph (C), by(A) striking (C) and inserting (D); (B) striking " if the alteration does not comply with the plan the Secretary approves , and the Secretary is of the opinion that the alteration may affect adversely the safety , utility , or efficiency of the airport ;" ; and inserting the following: " unless the alteration " (i) is outside the scope of the Secretary ' s review and appro val authority of the plan as set forth in subparagraph (B) of this paragraph , or " (ii) complies with the portions of the plan approved by the Secretary ;"; and (C) by inserting before subparagraph (D), as so redesignated , the following new subparagraph: " (C) not later than 30 days after the owner or operator submit s a proposed revision of the airport layout plan to the Secretary's designated representative , the Secretary will notify the owner or operator if the Secretary determines that the proposed change may require review and approval pursuant to the criteria estab lished in subparagraph (B) of this paragraph ;" (3) in subparagraph (D), by(A) striking (D) and inserting (E) ; (B) strikin g everything after (E) and before clause (i) and inserting "when an alteration in the airport or its facility is made that is within the scope of the Secretary's review and approval of the plan as set forth in subparagraph (B) of this paragraph , and does not conform with the portions of the plan approved by the Secretary , and the Secretary decides that the alteration adversely affects the safety , utility , or efficiency of aircraft operations , or of any property on or This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration CEQ050FY18091 _000000655 CEQ-18-0173-D-000194 [APG] off the airport that is owned , leased , or financed by the Government , then the owner or operator will, if requested by the Secretary- "; and (4) by inserting at the end the following new subparagraph"(F) RULE OF CONSTRUCTION.-Nothing in this paragraph shall be construed to"(i) affect the applicability of sections 47107(b) or 47133 of title 49, United States Code , to revenues generated by the use , lease, encumbrance , transfer , or disposal of land, facilities upon such land, or any portion of such land or facilities ; "(ii) restrict the Secretary ' s authority to ensure that an airport owner or operator " (!) receives no less than fair market value in the context of a commercial transaction for the use , lease , encumbrance , transfer , or disposal of land, any facilities on such land, or any portion of such land or facilities ; "(II) pays no more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land ; and "(III) does not derogate the value of property or facilities acquired with funds pro vided under this Title, or with revenues authorized pursuant to section 40117 of this Title, or pursuant to a Surplus Property Act instrument of transfer. " Revised Language as it would appear in the U.S. Code: ( 16) the airport owner or operator will maintain a current layout plan of the airport that meets the following requirement s: (A) the plan will be in a form the Secretary prescribes ; (B) the Secretary will review and approve or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport, or that would adversely affect the safety of people or property on the ground adjacent to the airport as a result of aircraft operations, or that significantly and adversely affect the value of prior federal investments ; (C) not later than 30 days after the airport owner or operator submits a proposed revision of the airport layout plan to the Secretary's designated representative, the Secretary will notify the airport owner or operator if the Secretary determines that the proposed change may require review and approval pursuant to the criteria establis hed in subparagraph (B) of this paragraph; (D) the owner or operator will not make or allow any alteration in the airport or any of its facilities if the alteration does not comply with the plan the Secretary approves and the Secretary is of the opinion that the alteration may affect adversely the safety , utility, or efficiency of the airport ; unless the alteration (i) is outside the scope of the Secretary's review and approval authority as set forth in subpara graph (B) of this paragraph : or This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091 _000000655 CEQ-18-0173-D-000195 [APG] (ii) complies with the portions of the plan approved by the Secretary ; and (E) when an alteration in the airport or its facility is made that does not conform to the approved plan and that the Secretary decides adversely affects the safety , utility , or efficiency of any property on or off the airport that is owned, leased, or financed by the Goverameet , the ov,eer or operator , ifreqaested by the Secretary , will is within the scope of the Secretary ' s review and approval of the plan as set forth in subparagraph (B) of this paragraph , and does not conform with the portions of the plan approved by the Secretary , and the Secretary decides that the alteration adversely affects the safety , utility , or efficiency of aircraft operation s, or of any property on or off the airport that is owned , leased , or financed by the Government , then the owner or operator will , ifrequested by the Secretary(i) eliminate the adverse effect in a way the Secretary approves; or (ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and ofrestoring the property or its replacement to the level of safety , utility , efficiency , and cost of operation that existed before the alteration was made , except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 4 7110( d); (F) RULE OF CONSTRUCTION .- Nothing in this paragraph shall be construed to(i) affect the applicability of sections 47107(b) or 47133 oftitle 49, United States Code , to revenues generated by the use, lease, encumbrance , transfer , or disposal of land, facilities upon such land, or any portion of such land or facilities; (ii) restrict the Secretary ' s authority to ensure that an airport owner or operator(!) receives no less than fair market value in the context of a commercial transaction for the use , lease , encumbrance , transfer , or disposal of land, any facilities on such land, or any portion of such land or facilities ; (II) pays no more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land; and (III) does not dero gate the va lue of property or facilities acquired with funds provided under this Title , or with revenues authorized pursuant to section 40 117 of this Title , or pursuant to a Surplus Property Act instrument of transfer. This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 3 CEQ050FY18091 _000000655 CEQ-18-0173-D-000196 INCENTIVE PAYMENTS This proposal would allow a fixed percentage of AIP funds to be used for incentive payments, to encourage cont ractors to reduce construction times. The airport sponsor will take the responsibility to ensure that the incent ive does not jeopardize safety, capac ity, or efficiency of airport operations. By changing the allowable costs for AIP to include incentives , incentives will also be allowable for PFC and airport revenue. 49 U.S.C. 47110(b) (1) would be revised to read as follows : (b) ALLOW ABLE COST STANDARDS.-A project cost is allowable- (1) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter , includin g(A) any cost a sponsor incurs related to an audit the Secretary requires under section 4712l(b) or (d) of this title; aae (B) any cost of moving a Federa l facility impeding the project if the rebuilt facility is of an equivalent size and type; and (C) an incentive payment , not to exceed the lesser of five percent of the initial construction contract amount or $1,000,000, to fund early completion of the project , if(i) the contractor has full control of the worksite and access to the worksite , without negatively impacting the operation of the airport ; (ii) the contract specifies application of the incentive structure in the event of unforeseeable , non-weather delays beyond the control of the contractor ; and (iii) the airport operator retains responsibility for the safety, efficiency , and capacity of the airport during the execution of a contract with incentive payments. Proposed Bill Lang uage: SEC. . CLARIF ICATION OF INCENTIVE PAYMENTS TO EXPEDITE COMPLETION OF AN AIP FUNDED CONSTRUCTION PROJECT. Section 47 110 oftitle 49, United States Code, is amended in subsection (b), paragraph ( 1) by( 1) inserting an em dash after "including"; (2) inserting "(A)" before "any cost a spon sor incurs" and indenting appropriately ; (3) striking "and" after "of this title" and inserting a semicolon; CEQ050FY18091 _000000657 CEQ-18-0173-D-000197 [APG] (4) inserting "(B)" before "any cost of moving " and indenting appropriately ; (5) inserting "and" after "size and type;"; and (6) inserting at the end, and indenting appropriately , the following"(C) an incentive payment , not to exceed the lesser of five percent of the initial constmction contract amount or $ 1,000,000, to fund early completion of the project , if"(i) the contractor has full control of the worksite and access to the worksite , without negatively impacting the operation of the airport ; "(ii) the contract specifies application of the incentive structure in the event of unforeseeable , non-weather delays beyond the control of the contractor ; and "(iii) the airport operator retains responsibility for the safety, efficiency , and capacity of the airport during the execution of a contract with incentive payments. " This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091 _000000657 CEQ-18-0173-D-000198 SEC. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 1998 AMENDMENTS. (a) DEFINITIONS.--Section 60l(a)(l2)(D) of title 23, United States Code, is amended-(1) by amending paragraph (iii) to read as follows: "(iii) includes any transportation facility or asset that supports, direct or indirectly , the modal interchange or transfer of goods within a port terminal, or into and out of a port , including improvements to wharves, piers, docks, waterborne mooring infrastructure , dredging in connection with berth deepening , a dock or wharf , and infrastructure or assets that facilitate more efficient transfer of goods between ship and shore, between vessels , and into and out of the port;"; (2) by redesignating paragraph (iv) as paragraph (v); and (3) by inserting after paragraph (iii) the following: "(iv) is an eligible airport-related project as defined in 49 U.S.C ?40117(a)(3); and" CEQ050FY18091 _000000659 CEQ-18-0173-D-000199 WH aviationinfrastructure provisions "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" Date: Wed , 18Ap r 201810 :44:51-0400 WH airport infrastructure principles .pdf (1.5 MB); 041318 ARP TA Airport Privatization.docx (25.39 kB); 041318 ARP TA post-expenditure audits .docx (36.62 Attachments kB); ARP TA on expanded PFC streamlin ing 040618.docx (32 .99 kB); ARP TA on review and approval of nonaeronaut ical uses 040918 .docx (37 .3 kB); ARP TA on using AIP for incentive payments 040618 .docx (27.96 kB); T IFIA Port and Airport TA (4.2018) .docx (12.73 kB) Hey, as I mentioned yesterday, t hese are the provisions we hope you wou ld consider in the FAA package. The explanations are in the leg principles. TIFIA eligibi lity to airports and ports is a big one and something we are pushing hard. FAA sent these to T&I as wel l and had the primary pen on putting these t ogether. alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY18091 _ 000000676 CEQ-18-0173-D-000200 Legislative Outline for Rebuilding Infrastructure in America THE WHITE 1 HOUSE CEQ050FY18091_000000677 CEQ-18-0173-D-000201 Federal agencies also would conduct regular audits to ensure that funds were used for eligible costs. IV. INFRASTRUCTURE FINANCING PROGRAMS The below infrastructure financing proposals would dedicate $20 billion of the overall amount to advance major, comp lex infrastructure projects by increasing the capacity of existing Federal credit programs to fund investments and by broadening the use of Private Activity Bonds (PABs). Of the appropriated funds, $14 billion would be made available for the expansion of existing credit programs to address a broader range of infrastructure needs, giving State and local governments increased opportunity to finance lar ge-scale infrastructure projects under terms that are more advantageous than in the financial market. All funds remaining in credit programs ten years after enactment would be diverted to the Federal cap ital financing fund, to allow for efficient acquisition of real property. The budgetary cost for the expans ion of PABswould be $6 billion. These provisions would provide tools and mechanisms for market participants to invest in public infrastructure. A. Expand Transportation Infrastructure Finance and Innovation Act (TIFIA) Funding and Broaden Program Eligibility o o B. Additional budget authority would be made available to DOT for subsidy costs under TIFIA. Specific funds set aside from the appropriated subsidy would be appropriated to DOT, notwithstanding Section 2001 of the Fixing America 1s Surface Transportation Act of 2015, and would remain available until end of Fiscal Year 2028. Support airport and non-Federal waterways and ports financing options. TIFIA currently limits project eligibility to those that are eligible for Federa l assistance through existing surface transportation programs (highway projects and transit capita l projects). Port and airport infrastructure enhancement and expansion projects across the United Stat es do not have access to the credit assistance that is available via TIFIA for other types of transportation infrastructure projects, making it more difficult for project sponsors to pursue altern ative project delivery for airports and to implement critical airport infrastructure improvements. Amending the project eligibility in the TIFIA sta tu te to enab le TIFIA to offer loans and other credit assistance to non-F ederal waterways and port s and airport projects (such as renovated or new passenger terminals , runway s, and related facilities) would incentivize project delivery for airports and ports and would accelerate overall improvements in airport and seaport infrastructure. Expand Railroad Rehabilitation and Improvement Financing (RRIF)and Broaden Program Eligibility 10 2 CEQ050FY18091_000000677 CEQ-18-0173-D-000202 Reconcil e the grandfat hered restrictions on use of hig hway toll revenuesw ith current law. Toll facilities that received Federal approva l under the Surface Transportation and Uniform Relocation Assistance Act of 1987 (STURRA) may use toll revenues only for the construction, reconstruction, operation, and debt service of the toll facility itself. Current law, however, allows other to ll facilities to use toll revenues (in addition to the costs noted above) on other title 23 projects. The tighter restrictions, specific to the STURRAtoll facilities, prevent some States from devoting existing toll revenues to other critical highway projects. Adjusting the STURRA "use of revenues>> provisions to align with current toll authorities would free these resources and allow other critical highway projects to go forward. o Extend Streamlined PassengerFacili ty Charge Processfrom Non-hub Airports to Small Hub Airports 2. o o o 3. Current law (49 U.S.C. 40117) outlines the application process to impose passenger facility charges (PFCs), as well as the approval process and pilot program for alternative procedures. Sma ll , medium, and large hub airports must provide extensive documentation in PFC applications to demonstrate the eligibility, justification, objective, project costs, significant contribution (large and medium hubs) and other requirements. The streamlined non - hub process requires reduced information, primarily relating to project descriptions and costs. Current law creates an unreasonab le burden on sma ll hub airports filing PFC applications. Extending the streamlined PFC process to sma ll hub airports would allow these airports to more readily fund needed development as we ll as reduce de lays and unnecessary requirements in the PFC process. Provide StatesFlexibility to CommercializeInterstate RestAreas o o o 4. Federal law prohibits most commercial activity within the Interstate right-ofway, including at Interstate rest areas . This limits infrastructure investment opportunities and the ability to generate revenues to operate and maintain Interstates . Amending the law (23 U.S.C. 111)to provide States flexibility to commercia lize Interstate rest areas, and requiring the revenues to be reinvested in the corridor in which they are generated, wou ld support new infrastructure investment. States would not be permitted to charge fees for essentia l services such as water or access to restrooms. Provide New Flexibility for Transportation Projects with De Minim is Federal Share o Under current law , even when a State or private sector entity provides the majority of the funding for a project, it st ill must seek review and approval under the laws of any Federal agency with jurisdiction . 21 3 CEQ050FY18091_000000677 CEQ-18-0173-D-000203 E. Airports 1. CreateMore Efficient FederalAviation Adm inistration Oversightof Non-aviation DevelopmentActivities at Airports o The Federal Aviation Administration (FM) has conducted long -standing reviews of projects other than critical airfield infra struct ure (including terminals, access and service roads, hangars, and other types of facilities) (based on statutory requirements set forth in 49 U.S.C.Chapter 4711 particularly Sections 47102-47113 and Section 50101). o This burdens FM to review projects other than critical airfie ld infrastructure, and as a result, slows project delivery. o Amending the law (49 U.S.C.47107) to limit FM approva l and oversight of nonaviation development activities at airports would create more efficient FM oversight of critical airfield infra structure. ReduceBarriersto Alternative ProjectDeliveryfor Airports 2. o Current law (49 U.S.C.47134) provides that, under an existin g pilot program, 65 percent of carriers at an airport must approve privatization to privatize an airport. The current pilot program is limited to only 10 airports, including only one larg e hub airport. o The pilot program allows individual air carriers to overturn an airport 1s desire to privatize, blocking private investments in airports. o Removing the limitation on the number and size of airports that can participate in the pilot program and decreasing the percentage of airlines needed to approve privatization from 65 percent to a majority vote would reduce barriers to alternative project delivery for airports and provide more flexibility for carriers to approve privatization. ClarifyAuthority for Incentive Payments under the Airport Improvement Program 3. o o o Curren tly , the Airport Improvement Program (AIP) does not allow incentive payments for accelerated construct ion. This adds tim e to AIP projects, since they cannot pay for accelerated comp let ion . Clarifying the authority under the AIP (49 U.S.C.47110) to permit additional financial incentives, along with profit margin, for contractors would increase work efficiency and reduce project comp letion times. Move Oversightof AIP Funds to Post-expenditure Audits 4. o Current law (49 U.S.C.47104 - 47106) requires FM to review and approve grant applications under the AIP. 26 4 CEQ050FY18091 _000000677 CEQ-18-0173-D-000204 o This oversight sometimes causes delays in sponsors receiving funds assigned to the ir airports. o Revising the statutory requirements for AIP to shift FAAoversight from grant applications to post-expenditure audits wou ld expedite conveyance of funds to sponsors. II. WATERINFRASTRUCTU RE The below water infrastruct ure provisions would incentivize the development of effective and efficient water infrastructure, outcome-based procurement, and full life-cycle asset management to improve water infrastructure. These changes would provide greater flexibilities for USACEand its non - Federal partners to use available Federa l and non-Federal funds, generate new revenues and reta in certain revenues in support of project requirements, make greater use of contributed funds, and allow for innovative use of contracting tools. A. Financing 1. Authorize CleanWater Revolving Fund for Privately Owned Public-purpose Treatment Works o Current law allows the DWSRFto lend to private owners. However, the Clean Water State Revolving Fund (CWSRF)is genera lly restricted to pub licly owned wastewater projects. o Privately owned public-purpose treatment works are not eligib le for CWSRF funding at the Federa l level. o Authorizing the CWSRF(33 U.S.C.1383) to provide financia l ass istance to publicly owned and privately owned public-purpose treatment works wou ld make more funding available for treatment works. Provide New Flexibility for Water Projectswith De Minim is FederalShare 2. o Under current law, even when a State or private sector entity provides the majority of the funding for a project, a project must still obtain review and approva l under the laws of any Federa l agency with jurisdiction . o The additiona l procedures, costs, and time delays associated with Federa l requ irements discourage infrastructure investments by State and local entities and private investors. These legal restrictions also contribute to delays in delivering needed projects even when the Federa l interest is sma ll. o Amending the law to provide targeted flexibility pertaining to the application of Federal requirements where the project funding is primarily non - Federal and the Federal share is minima l would increase investments in water infrastructure and reduce project delays and costs. B. Water Programs 27 5 CEQ050FY18091 _000000677 CEQ-18-0173-D-000205 Technical Assistance ALTERNATIVE PROJECT DELIVERY -AIRPORT PRIVATIZATION Sect ion 47134 of Title 49 provides the requirements for Airport Privatization Program . This proposal revises this section by establishing the permanency of the program with the elimination of the word "pilot ," eliminates caps on the number of airports allowed to participate in the program (including limits on large hub airports) , and changes the approvals for privatizations from 65% percent to at least half whi le shifting the burden for objecti ng to tenants . Lastly , the provision reduces the percentage for approvals of higher fee increases from 65% to at least half. Proposed Bill Language: Sec._ . AIRPORT PRIVATIZATION . (a) IN GENERAL -Sect ion 47134 is amended(1) in the heading , by striking "Pilot program " and insert ing in its place "Program "; (2) in subsection (b ), in the matte r preceding paragraph (1), by strik ing ", with respect to not more than 10 airports ," (3) in subsection (b ), by striking "at least 65 percent " each place it appears and inserting in its place "at least half '; (4) in subsection (b ), paragraph (1 )(A), by striking "as may be approved" and inserting "unless"; (5) in subsection (b ), parag raph (1 )(A)(i), by inserting "object in writing to th e sponsor in accordance w ith paragraph (1 )(B)" after "during such year"; (6) in subsection (c), by str iking "at least 65 percen t" each place it appea rs and inserting in its place "at least half'; (7) by striking subsect ion (d) and insert ing the following: "(d) PARTICIPATIONOF CERTAINAIRPORTS.-The Secretary may favo rably conside r applications submitted by a sing le , existing pub lic airport sponsor for multiple airports in its system "; (8) in subsection (m), by inserting "or an unclassified nonpr imary airport " after "commercial service airport" ; and (9) by adding after subsection (m) the follow ing: "(n) SPONSORPRIVATIZATIONPLANNING."(1 ) GRANTS.-The Secretary may provide grants to existing public airport sponso rs to carry out sponsor privatization planning (as defined in section 47102) for the purpose of protecting the interests of the public airport sponsor , the trave ling public , and the Federa l Government. "(2) LIMITATIONON FEDERAL SHARE.-The Federal share of the cost of sponsor privatizat ion planning under this subsection is established under section 47109(a), and may not exceed $500 ,000 per sponsor . "(3 ) FUNDING.-Not more than $5,000 ,000 may be used to carry out this subsect ion "(4) PROHIBITIONON USE OF FUNDS.-Such grants may not be used to fund stipends or other types of fees or reimbursement offered or paid to incentivize prospect ive purchase rs or lessees to pursue such opportunities. "(5) CONDUCTPOLICY FEASIBILITY STUDY. - CEQ050FY18091_000000678 CEQ-18-0173-D-000206 [APG] "(A) The Secretary shall direct the Adm inistrator of the Federal Aviation Administration to study the policy feasibility of public-private partnersh ips (in which a public-sector airport owner enters into a corporate structure with one or more commercial entities) to jointly operate airports; "(B) Not more than $500,000 shall be directed from the funds provided in Section 48103 towards conducting the study under subparagraph (5) herein; and "(C) Findings from the policy feas ibility study shall be submitted to the Secretary not later than 18 months after the date of enactment of this Act." (b) PLANNING.- Paragraph (5) of section 47102 is amended(1) in subparagraph (B), by striking "and"; (2) in subparagraph (C)(A) by striking the period and inserting in its place a semicolon ; (B) by inserting "and" after the semicolon ; and (3) by adding after subparagraph (C) the following: "(D) sponsor privatization planning , consisting of professional services to evaluate the legal and financial risks to the existing public airport sponsor and associated federal interests if the sponsor were to proceed with either"(i) the potential sale or lease of an airport to a person other than a public agency;or "(ii) the formation of a public-private partnership for airport development or operation." Proposed Amendments: ?47134. Program on private ownership of airports (a) Submission of Applications.-lf a sponsor intends to sell or lease a genera l aviation airport or lease any other type of airport for a long term to a person (other than a public agency) , the sponsor and purchaser or lessee may apply to the Secretary of Transportation for exemptions under this section. (b) Approval of Applications.-The Secretary may approve , with respect to not more than 10 airports, applications submitted under subsection (a) granting exemptions from the following provisions: (1) Use of revenues.(A) In general.-The Secretary may grant an exemption to a sponsor from the provisions of sections 47107(b) and 47 133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved unless (i) in the case of a primary airport, by at least 65 percent at least half of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 2 CEQ050FY18091_000000678 CEQ-18-0173-D-000207 (APG] aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at lea st 65 percent at least half of the total landed weight of all aircraft landing at the airport during such year object in writing to the sponsor in accordance with paragraph (1 )(B) ; or (ii) in the case of a nonpr imary airport , by the Secretary after the airport has consu lted with at least 65 percent at least half of the owners of aircraft based at that airport, as determined by the Secretary. *** (c) Terms and Conditions.-The Secretary may approve an application under subsect ion (b) only if the Secretary finds that the sale or lease agreement includes provisions satisfactory to the Secretary to ensure the following: (1) The airport will continue to be available for public use on reasonable terms and conditions and without unjust discrimination. (2) The operation of the airport will not be interrupted in the event that the purchaser or lessee becomes inso lvent or seeks or becomes subject to any State or Federal bankruptcy, reorganization , insolvency , liquidation, or disso lution proceeding or any petition or similar law seeking the dissolution or reorgan izat ion of the purchaser or lessee or the appointment of a receiver, trustee, custodian, or liquidator for the purchaser or lessee or a substantial part of the purchaser or lessee's property , assets , or business . (3) The purchaser or lessee will maintain , improve , and modernize the facilit ies of the airport through capital investments and will submit to the Secretary a plan for carrying out such maintenance , improvements , and modernization. (4) Every fee of the airport imposed on an air carrier on the day before the date of the lease of the airport will not increase faster than the rate of inflation unless a higher amount is approved (A) by at least 65 percent at least half of the air carriers serving the airport; and (B) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent at leas t half of the total landed weight of all aircraft landing at the airport during such year. (5) The percentage increase in fees imposed on general aviation aircraft at the airport wi ll not exceed the percentage increase in fees imposed on air carriers at the airport. (6) Safety and security at the airport will be maintained at the highest possible levels . (7) The adverse effects of noise from operations at the airport will be mitigated to the same extent as at a public airport. (8) Any adverse effects on the environment from airport operations will be mitigated to the same extent as at a public airport. (9) Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease . (d) Part icipation of Certa in Airports .- The Secretary may favorably consider applicat ions submitted by a single , existing publ ic sponsor that has multip le airports in its system .Participation of Certain Airports. (1) General aviation airports. If the Secretary approves under subsection (b) applications with respect to 5 airports, one of the airports must be a general aviation airport. This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 3 CEQ050FY18091_000000678 CEQ-18-0173-D-000208 (APG] (2) Large hub airports. The Secretary may not approve under subsection (b) more than 1 application submitted by an airport that had 1 percent or more of the total passenger boardings (as defined in section 47102) in the United States in the preceding calendar year. *** (m) General Aviation Airport Defined .-ln this section, the term "general aviation airport" means an airport that is not a commercial service airport or an unclass ified nonprimary airport . (n) SPONSORPRIVATIZATIONPLANNING.(1) GRANTS.-The Secretary may prov ide grants to existing public airport sponsors to carry out sponsor privat izat ion planning (as defined in sect ion 47102) for the purpose of protecting the interests of the publ ic airport sponsor, the traveling pub lic, and the Federal Government. (2) LIMITATIONON FEDERALSHARE.- The Federal sha re of the cost of sponsor privatization planning under this subsection is established under section 47109(a), and may not exceed $500 ,000 per sponso r. (3) FUNDING.- Not more than $5 ,000 ,000 may be used to carry out th is subsect ion (4) PROHIBITION ON USE OF FUNDS.- Such grants may not be used to fund stipends or other types of fees or reimbu rsement offered or paid to incentivize prospective purchasers or lessees to pursue such opportunit ies . (5) CONDUCTPOLICYFEASIBILITYSTUDY. (A) The Secretary shall direct the Administrator of the Federal Aviation Administration to study the policy feasibility of public-pr ivate partnersh ips (in which a public -sec tor airport owner enters into a corporate structure w ith one or more commercia l ent ities) to jo intly operate airports ; (B) Not more than $500,000 shall be directed from the funds provided in Section 48103 towards conducting the study under subparagraph (5) herein; and (C) Findings from the policy feasib ility study shall be subm itted to the Secretary not later than 18 months after the date of enactment of this Act. ?47102. Definitions In this subchapter- *** (5) "airport planning" means planning as defined by regulations the Secretary prescribes and includes(A) integrated airport system planning; (B) developing an environmental management system; aR4 (C) developing a plan for recycling and minimizing the generation of airpo rt solid waste, consistent with applicable State and local recycling laws , including the cost of a waste audit.,.; and This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 4 CEQ050FY18091 _000000678 CEQ-18-0173-D-000209 (APG] (D) sponsor pr ivatization planning, cons isting of professiona l services to eva luate the legal and financ ial risks to the existing publ ic airport sponsor and associated federa l interests if the sponsor were to proceed with either(i) the potential sa le or lease of an ai rport to a person other than a public agency ; or (ii) the formation of a pub lic-private partnership for airport development or operat ion . This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 5 CEQ050FY18091 _000000678 CEQ-18-0173-D-000210 Technical Assistance Move Oversight of AIP funds to Post-Expenditure Audits This section would create a Post-Expenditure Audit Pilot program for the AIP. The pilot program will include up to 50 airports across five airport categories and last for 3 years. The pilot includes terms and conditions applicable to the FAA and an airport sponsor participating in the program such as application procedures and acceptance, record of compliant posture, certification of compliance with applicable statutes, regulations , and policies as well as transference of responsibilities and liabilities from the FAA to participating sponsors. The proposed section also defines the requirements that must be met prior to program extension and expansion as well as oversight and penalties for non-compliance findings. Sec. . PILOT PROGRAM ON POST-EXPENDITURE AUDITS. Chapter 471 of title 49, Un ited States Code, is amended by inserting after section 47 142 the following- "? 47143. Pilot Program on Post-Expenditure Audits "(a) IN GENERAL.-The Administrator of the Federal Aviation Administration shall select up to 50 airports to participate in a post-expenditure audit pilot program , using the following airport category limitations"( 1) Not to exceed ten large hub airports , as defined in section 4 7102( a)( 11) of this title; "(2) Not to exceed ten mediwn hub airports, as defined in section 47102(a)(13) of this title ; "(3) Not to exceed ten small hub airports, as defined in section 47102(a)(25 ) of this title; "(4) Not to exceed ten non hub airports, as defined in section 47102(a)(l4) of this title; and "(5) Not to exceed ten nonprimary airports (which may be classified as National, Regional , Local , or Basic). " (b) APPLICATION.- "( 1) The Administrator shall"( A) Announce the availability , deadline , and application process for the pilot program within 60 days of the date of enactment of this section . The pilot program shall commence in the fiscal year following enactment. "(B) No t accept more than one airport owned and operated by a sponsor to participate in the pilot program established under this section. "(C) Consider previous sponsor compliance with grant assurance obligations , revenue use, and other risk factors in deciding whether to accept the sponsor's application. "(D) Exclude an airport sponsor found to have diverted revenue under section This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. CEQ050FY18091 _000000679 CEQ-18-0173-D-000211 Technical Assistance [APG] 471 lS(f) of this title from participating in the pilot program. "(E) Notify the sponsor of an accepted airport in writing no later than 60 days after receipt of the sponsor's application. "(2) A sponsor selected to participate in the pilot program shall"(A) Submit a written request to participate in the pilot program to the designated office of the Federal Aviation Administration no later than the deadline established by the Administrator. "(B) Assume full legal liability and responsibility for compliance with the Administrator's established requirements for project eligibility and justification, as well as all statutory, regulatory and policy requirements governing airport safety and standards including design , construction, specifications, durabilit y, and obstructions . "(C) Provide to the FAA at the time of application a letter from the sponsor's authorized representati ve, co-signed by the sponsor's attorney , certifying the ability and legal authority of the sponsor to meet the requirements of the pilot program. "(D) Retain full responsibility for compliance with all applicable federal statutory and regulatory requirements governing the administration of the funds provided under this chapter. "(E) Accept full responsibility to repay to the Federal Aviation Administration any funds awarded under this pilot program that may subsequently be found by the FAA or any authorized oversight agency to have been used improperly. "(3) Upon acceptance of a sponsor's request to participate in the pilot program under this section, the Federal Aviation Administration shall be relieved of its responsibilities to monitor sponsor compliance with applicable Federal statutory and regulatory procurement requirements, including those cited in the airport sponsor's grant assurances , prior to grant award. "( c) REPAYMENT OFlMPROPERLY USEDFl JNDS .- N otwithstanding subsection 4 7106( d), if at any time during or after the conclusion of this pilot program , a participating sponsor is found to have violated the terms or conditions of this pilot program , the Federal Aviation Administration shall recover the full amount of the funds used improperly , either by"( I) reducin g the sponsors' apportionments (without the need for a hearing) for the fiscal years following the improper use , until the amount improperly used is recovered ; or "(2) requiring the sponsor to return the funds to the Federa l Aviation Administration. "(d) DURATlON .-The pi lot program under this section shall terminate on September 30 of the third fiscal year following commencement. "( e) SAVlNGSCLAUSE.-Nothing in this section shall be construed as limiting the Administrator's authority to take corrective measures based on the results of post-expenditu re audits. "( e) CONFORMING AMENDMENT.-The analysis for chapter 4 71 is amended by inserting after the item relating to section 47142 the following: "47 143. Pilot Program on Post -Expenditure Audits.". This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091_000000679 CEQ-18-0173-D-000212 PFC- Expand Streamlining to Small Hub Air ports The current law, 49 U.S.C. 40117(c) , {d), and (1), prescribes the application process to impose PFCs and includes a streamlined process for nonhub airports . This proposal would extend the streamlined process to small hub airports. An additional option includes extending the streamlined process for certain types of projects even at large and medium hub airports (where the PFC application consists solely of airfield rehabilitation projects , or projects that provide the local share for an already-approved AIP project). Section 40117( 1) would be revised to read as follows: (1) [PILOlj PROGRAM FOR PASSENGE R FACILITY CHARGE AUTH ORIZA TTONS AT Commented [BE(l ]: FM is mindf\11that Congress has previously signaled i1sinlent to clim.iuatc1hc word "pilot" from this section. but we are nol suggesting it here becausewe are now NONHUB AND SM.ALL HUB AIRPORTS .- proposing lo broadentile applicabilityof the program and to assess it after three years. (I) IN GENE RAL-The Secreta ry shall estab lish a pilot program to test alternat ive procedure s Accordingly, we are 00 1 reconu.neodingremoval of the word "pifot" at this time. for authorizing e ligib le agenc ies for nonhub and small hub airports to impose passenger facility charges. An eligible agency may impose in accordan ce with the provi sions of thi s subsectio n a passenger facility charge under this sec tion. For purp oses of the pilot program , the procedures in this subsect ion sha ll apply instead of the procedures otherwise provided in this sect ion. It would also be revised to add the following new subsection : (n) PROJECTS TO FUND LOCAL SHARE AND CERTAJN A.IP PROJECTS .- ( 1) lN G ENERAL-The Secretary shall establish and implement alternative procedures lo simp lify and streamline the app lication and authorizat ion process for an eligible agency of a large hub or medium hub airport to impose a passenger facility cha rge . Such allernative procedures shall apply instead of the procedures otherw ise provided in this section for a large hub or medium hub airport to fmance- (A) the agency 's non-Federal share of the allowable project costs of a project already funded with amounts apportioned under chapter 4 7 1; or (B) projects for runway or taxiway rehabilitation , land acquisition , drainage improvements , or acquisition of firefighting equipment or snowplows . CEQ050FY18091_ 000000680 CEQ-18-0173-D-000213 [APG] (2) lMPLEMENTA TION.- Not later than 180 days after the dat e of enactment of this subsection , the Secretary shall establish procedures to implement this provi sion . (3) EVALUATION.- Not later than three years after the date of enactment of this subsection , the Secretary shall prepare a summaiy eva luation of outcomes , includin g appli catio n time save d and other factors ." Proposed Bill Language: SEC. . STREAMLINED PFC APPLICATION TO FINANCE LOCAL AIP PROJECT SHARE. Section 4011 7 of title 49 , United States Code is amended ( I) in subsection (l), in the heading, by inserting "and small hub airports " after " nonhub "; (2) in paragraph (1)(1), in the first sentence , by inserting "and sma ll hub " after "nonhub "; and (3) by adding at the end the following"(n) PROJECTS TO FUND LOCAL SHARE AND CERTAJN AIP PROJ ECTS."( 1) IN GENERAL .- The Secretary shall establish and implement alternative procedures to simpl ify and streamline the application and authorization process for an eligible agency of a large hub or medium bub airport to impose a passenger facility charge. Such alternative procedures shall app ly instead of the procedures otherwise provided in this section for a large hub or medium hub airport to finance- " (A) the agency ' s non-Federa l share of the allowab le project costs of a project already funded with amounts apportioned under chapter 471 ; or " (B) projects for runway or taxiway rehabil itation , land acquisition , drainage improvements, or acquisition of firefighting equipment or snowplows. "(2) IMPLEMENTATION.-Not later than 180 days after the date of enactment of this sub section , the Secretary shall establish procedures to implement this provision . This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091_ 000000680 CEQ-18-0173-D-000214 [APG] "(3) EVALUATION.-Not later than three years after the date of enactment of this subsection , the Secretary shall prepare a summary evaluation of outcome s, including application time saved and other factors." This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 3 CEQ050FY18091_ 000000680 CEQ-18-0173-D-000215 Technical Assistance Limiting FAA review and approval of nonaeronautical development The objective of this change is to provide greater legislative clarity regarding what types of changes to an Airport Layout Plan require FAA review and approval. The proposed language essentially limits FAA review and approval to changes that would affect the movement of aircraft, or that adversely affect prior federal investments. Proposed Bill Language: Sec. . REVlEW OF NONAERONAUTICAL USES . Section 47107(a)(l6) of title 49 , United States Code , is amended (!) in subparagraph (B) , by(A) inserting " review and" before "approve "; and (B) striking everything after "approve " and inserting "or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport or that would adversely affect the safety of people or property on the ground adjacent to the airport as the result of aircraft operations , or that adversely affect the value of prior federal investments ;"; (2) in subparagraph (C), by(A) striking (C) and inserting (D); (B) striking " if the alteration does not comply with the plan the Secretary approves , and the Secretary is of the opinion that the alteration may affect adversely the safety , utility , or efficiency of the airport ;" ; and inserting the following: " unless the alteration " (i) is outside the scope of the Secretary ' s review and appro val authority of the plan as set forth in subparagraph (B) of this paragraph , or " (ii) complies with the portions of the plan approved by the Secretary ;"; and (C) by inserting before subparagraph (D), as so redesignated , the following new subparagraph: " (C) not later than 30 days after the owner or operator submit s a proposed revision of the airport layout plan to the Secretary's designated representative , the Secretary will notify the owner or operator if the Secretary determines that the proposed change may require review and approval pursuant to the criteria estab lished in subparagraph (B) of this paragraph ;" (3) in subparagraph (D), by(A) striking (D) and inserting (E) ; (B) strikin g everything after (E) and before clause (i) and inserting "when an alteration in the airport or its facility is made that is within the scope of the Secretary's review and approval of the plan as set forth in subparagraph (B) of this paragraph , and does not conform with the portions of the plan approved by the Secretary , and the Secretary decides that the alteration adversely affects the safety , utility , or efficiency of aircraft operations , or of any property on or This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration CEQ050FY18091_ 000000681 CEQ-18-0173-D-000216 [APG] off the airport that is owned , leased , or financed by the Government , then the owner or operator will, if requested by the Secretary- "; and (4) by inserting at the end the following new subparagraph"(F) RULE OF CONSTRUCTION.-Nothing in this paragraph shall be construed to"(i) affect the applicability of sections 47107(b) or 47133 of title 49, United States Code , to revenues generated by the use , lease, encumbrance , transfer , or disposal of land, facilities upon such land, or any portion of such land or facilities ; "(ii) restrict the Secretary ' s authority to ensure that an airport owner or operator " (!) receives no less than fair market value in the context of a commercial transaction for the use , lease , encumbrance , transfer , or disposal of land, any facilities on such land, or any portion of such land or facilities ; "(II) pays no more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land ; and "(III) does not derogate the value of property or facilities acquired with funds pro vided under this Title, or with revenues authorized pursuant to section 40117 of this Title, or pursuant to a Surplus Property Act instrument of transfer. " Revised Language as it would appear in the U.S. Code: ( 16) the airport owner or operator will maintain a current layout plan of the airport that meets the following requirement s: (A) the plan will be in a form the Secretary prescribes ; (B) the Secretary will review and approve or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport, or that would adversely affect the safety of people or property on the ground adjacent to the airport as a result of aircraft operations, or that significantly and adversely affect the value of prior federal investments ; (C) not later than 30 days after the airport owner or operator submits a proposed revision of the airport layout plan to the Secretary's designated representative, the Secretary will notify the airport owner or operator if the Secretary determines that the proposed change may require review and approval pursuant to the criteria establis hed in subparagraph (B) of this paragraph; (D) the owner or operator will not make or allow any alteration in the airport or any of its facilities if the alteration does not comply with the plan the Secretary approves and the Secretary is of the opinion that the alteration may affect adversely the safety , utility, or efficiency of the airport ; unless the alteration (i) is outside the scope of the Secretary's review and approval authority as set forth in subpara graph (B) of this paragraph : or This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091_ 000000681 CEQ-18-0173-D-000217 [APG] (ii) complies with the portions of the plan approved by the Secretary ; and (E) when an alteration in the airport or its facility is made that does not conform to the approved plan and that the Secretary decides adversely affects the safety , utility , or efficiency of any property on or off the airport that is owned, leased, or financed by the Goverameet , the ov,eer or operator , ifreqaested by the Secretary , will is within the scope of the Secretary ' s review and approval of the plan as set forth in subparagraph (B) of this paragraph , and does not conform with the portions of the plan approved by the Secretary , and the Secretary decides that the alteration adversely affects the safety , utility , or efficiency of aircraft operation s, or of any property on or off the airport that is owned , leased , or financed by the Government , then the owner or operator will , ifrequested by the Secretary(i) eliminate the adverse effect in a way the Secretary approves; or (ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and ofrestoring the property or its replacement to the level of safety , utility , efficiency , and cost of operation that existed before the alteration was made , except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 4 7110( d); (F) RULE OF CONSTRUCTION .- Nothing in this paragraph shall be construed to(i) affect the applicability of sections 47107(b) or 47133 oftitle 49, United States Code , to revenues generated by the use, lease, encumbrance , transfer , or disposal of land, facilities upon such land, or any portion of such land or facilities; (ii) restrict the Secretary ' s authority to ensure that an airport owner or operator(!) receives no less than fair market value in the context of a commercial transaction for the use , lease , encumbrance , transfer , or disposal of land, any facilities on such land, or any portion of such land or facilities ; (II) pays no more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land; and (III) does not dero gate the va lue of property or facilities acquired with funds provided under this Title , or with revenues authorized pursuant to section 40 117 of this Title , or pursuant to a Surplus Property Act instrument of transfer. This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 3 CEQ050FY18091_ 000000681 CEQ-18-0173-D-000218 INCENTIVE PAYMENTS This proposal would allow a fixed percentage of AIP funds to be used for incentive payments, to encourage cont ractors to reduce construction times. The airport sponsor will take the responsibility to ensure that the incent ive does not jeopardize safety, capac ity, or efficiency of airport operations. By changing the allowable costs for AIP to include incentives , incentives will also be allowable for PFC and airport revenue. 49 U.S.C. 47110(b) (1) would be revised to read as follows : (b) ALLOW ABLE COST STANDARDS.-A project cost is allowable- (1) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter , includin g(A) any cost a sponsor incurs related to an audit the Secretary requires under section 4712l(b) or (d) of this title; aae (B) any cost of moving a Federa l facility impeding the project if the rebuilt facility is of an equivalent size and type; and (C) an incentive payment , not to exceed the lesser of five percent of the initial construction contract amount or $1,000,000, to fund early completion of the project , if(i) the contractor has full control of the worksite and access to the worksite , without negatively impacting the operation of the airport ; (ii) the contract specifies application of the incentive structure in the event of unforeseeable , non-weather delays beyond the control of the contractor ; and (iii) the airport operator retains responsibility for the safety, efficiency , and capacity of the airport during the execution of a contract with incentive payments. Proposed Bill Lang uage: SEC. . CLARIF ICATION OF INCENTIVE PAYMENTS TO EXPEDITE COMPLETION OF AN AIP FUNDED CONSTRUCTION PROJECT. Section 47 110 oftitle 49, United States Code, is amended in subsection (b), paragraph ( 1) by( 1) inserting an em dash after "including"; (2) inserting "(A)" before "any cost a spon sor incurs" and indenting appropriately ; (3) striking "and" after "of this title" and inserting a semicolon; CEQ050FY18091_ 000000682 CEQ-18-0173-D-000219 [APG] (4) inserting "(B)" before "any cost of moving " and indenting appropriately ; (5) inserting "and" after "size and type;"; and (6) inserting at the end, and indenting appropriately , the following"(C) an incentive payment , not to exceed the lesser of five percent of the initial constmction contract amount or $ 1,000,000, to fund early completion of the project , if"(i) the contractor has full control of the worksite and access to the worksite , without negatively impacting the operation of the airport ; "(ii) the contract specifies application of the incentive structure in the event of unforeseeable , non-weather delays beyond the control of the contractor ; and "(iii) the airport operator retains responsibility for the safety, efficiency , and capacity of the airport during the execution of a contract with incentive payments. " This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091_ 000000682 CEQ-18-0173-D-000220 SEC. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 1998 AMENDMENTS. (a) DEFINITIONS.--Section 60l(a)(l2)(D) of title 23, United States Code, is amended-(1) by amending paragraph (iii) to read as follows: "(iii) includes any transportation facility or asset that supports , direct or indirectly , the modal interchange or transfer of goods within a port terminal, or into and out of a port , including improvements to wharves , piers, docks, waterborne mooring infrastructure , dredging in connection with berth deepening , a dock or wharf , and infrastructure or assets that facilitate more efficient transfer of goods between ship and shore, between vessels , and into and out of the port;"; (2) by redesignating paragraph (iv) as paragraph (v); and (3) by inserting after paragraph (iii) the following: "(iv) is an eligible airport-related project as defined in 49 U.S.C ?40117(a)(3) ; and" CEQ050FY18091 _000000683 CEQ-18-0173-D-000221 Re: WH aviationinfrastructure provisions From: To: "Arnakis , Adrian (Commerce)" Date: Wed, 18 Apr 2018 10:54:52 -0400 Shall I send to Devon or do you want to work iton your end. Not hiding the ball, provisions shouldn't be controversial unless I'm missing something Sent from my iPhone On Apr 18, 20 18, at 10:54 AM, Amalcis, Adrian (Commerce) wrote : Thanks. We will for sure take a look. -------- Original message -------From: "Herrgott, Alex H. EOP/CEQ" Date: 4/18/ 18 10:47 AM (GMT-05 :00) To: "Amakis, Adr ian (Commerce)" Subject:WH aviationinfrastructureprovisions Hey, as I men tion ed yesterday, th ese are t he provis ions w e hope you wo uld consid er in t he FAA package. The expla natio ns are in t he leg pr inciples. TIFIA eligibi lity to airports and ports is a big one and something we are pushing hard . FAA sent these to T& I as well and had the primary pen on putting these toget her . a lex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY18091_000001195 CEQ-18-0173-D-000222 Fwd:WH aviationinfrastructure provisions From: To: devon_barnhart@commerce.senate .gov Date: Wed, 18 Apr 2018 16:54:09 -0400 WH airport infrastructure principles.pdf (1.5 MB); 041318 ARP TA Airport Privatization.docx (25.39 kB); 041318 ARP TA post-expenditure audits.docx (36.62 Attachments kB); ARP TA on expanded PFC streamlin ing 040618.docx (32.99 kB); ARP TA on review and approval of nonaeronaut ical uses 040918.docx (37.3 kB); ARP TA on using AIP for incentive payments 040618.docx (27.96 kB); T IFIA Port and Airport TA (4.2018).docx (12.73 kB) I meant to send these to you. Take a look and let me know what your team thinks. Senl from my iPhone Begin for.vardedmessage: From:"Herrgott, Alex H. EOP/ CEQ" Date: April 18, 2018 at 10:44:51 AM EDT To:'"Arnakis, Adrian (Commerce)"' Subject: WH aviationinfrastructureprovisions Hey, as I mentioned yesterday , these are the provisions we hope you wou ld consider in the FAA package. The explanations are in t he leg principles. TIFIA eligibility t o airports and ports is a big one and something we are pushing hard. FAA sent these to T& I as well and had t he primary pen on putting t hese together . alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY18091 _ 000001292 CEQ-18-0173-D-000223 Legislative Outline for Rebuilding Infrastructure in America THE WHITE 1 HOUSE CEQ050FY18091_000001293 CEQ-18-0173-D-000224 Federal agencies also would conduct regular audits to ensure that funds were used for eligible costs. IV. INFRASTRUCTURE FINANCING PROGRAMS The below infrastructure financing proposals would dedicate $20 billion of the overall amount to advance major, comp lex infrastructure projects by increasing the capacity of existing Federal credit programs to fund investments and by broadening the use of Private Activity Bonds (PABs). Of the appropriated funds, $14 billion would be made available for the expansion of existing credit programs to address a broader range of infrastructure needs, giving State and local governments increased opportunity to finance lar ge-scale infrastructure projects under terms that are more advantageous than in the financial market. All funds remaining in credit programs ten years after enactment would be diverted to the Federal cap ital financing fund, to allow for efficient acquisition of real property. The budgetary cost for the expans ion of PABswould be $6 billion. These provisions would provide tools and mechanisms for market participants to invest in public infrastructure. A. Expand Transportation Infrastructure Finance and Innovation Act (TIFIA) Funding and Broaden Program Eligibility o o B. Additional budget authority would be made available to DOT for subsidy costs under TIFIA. Specific funds set aside from the appropriated subsidy would be appropriated to DOT, notwithstanding Section 2001 of the Fixing America 1s Surface Transportation Act of 2015, and would remain available until end of Fiscal Year 2028. Support airport and non-Federal waterways and ports financing options. TIFIA currently limits project eligibility to those that are eligible for Federa l assistance through existing surface transportation programs (highway projects and transit capita l projects). Port and airport infrastructure enhancement and expansion projects across the United Stat es do not have access to the credit assistance that is available via TIFIA for other types of transportation infrastructure projects, making it more difficult for project sponsors to pursue altern ative project delivery for airports and to implement critical airport infrastructure improvements. Amending the project eligibility in the TIFIA sta tu te to enab le TIFIA to offer loans and other credit assistance to non-F ederal waterways and port s and airport projects (such as renovated or new passenger terminals , runway s, and related facilities) would incentivize project delivery for airports and ports and would accelerate overall improvements in airport and seaport infrastructure. Expand Railroad Rehabilitation and Improvement Financing (RRIF)and Broaden Program Eligibility 10 2 CEQ050FY18091_000001293 CEQ-18-0173-D-000225 Reconcil e the grandfat hered restrictions on use of hig hway toll revenuesw ith current law. Toll facilities that received Federal approva l under the Surface Transportation and Uniform Relocation Assistance Act of 1987 (STURRA) may use toll revenues only for the construction, reconstruction, operation, and debt service of the toll facility itself. Current law, however, allows other to ll facilities to use toll revenues (in addition to the costs noted above) on other title 23 projects. The tighter restrictions, specific to the STURRAtoll facilities, prevent some States from devoting existing toll revenues to other critical highway projects. Adjusting the STURRA "use of revenues>> provisions to align with current toll authorities would free these resources and allow other critical highway projects to go forward. o Extend Streamlined PassengerFacili ty Charge Processfrom Non-hub Airports to Small Hub Airports 2. o o o 3. Current law (49 U.S.C. 40117) outlines the application process to impose passenger facility charges (PFCs), as well as the approval process and pilot program for alternative procedures. Sma ll , medium, and large hub airports must provide extensive documentation in PFC applications to demonstrate the eligibility, justification, objective, project costs, significant contribution (large and medium hubs) and other requirements. The streamlined non - hub process requires reduced information, primarily relating to project descriptions and costs. Current law creates an unreasonab le burden on sma ll hub airports filing PFC applications. Extending the streamlined PFC process to sma ll hub airports would allow these airports to more readily fund needed development as we ll as reduce de lays and unnecessary requirements in the PFC process. Provide StatesFlexibility to CommercializeInterstate RestAreas o o o 4. Federal law prohibits most commercial activity within the Interstate right-ofway, including at Interstate rest areas . This limits infrastructure investment opportunities and the ability to generate revenues to operate and maintain Interstates . Amending the law (23 U.S.C. 111)to provide States flexibility to commercia lize Interstate rest areas, and requiring the revenues to be reinvested in the corridor in which they are generated, wou ld support new infrastructure investment. States would not be permitted to charge fees for essentia l services such as water or access to restrooms. Provide New Flexibility for Transportation Projects with De Minim is Federal Share o Under current law , even when a State or private sector entity provides the majority of the funding for a project, it st ill must seek review and approval under the laws of any Federal agency with jurisdiction . 21 3 CEQ050FY18091 _000001293 CEQ-18-0173-D-000226 E. Airports 1. CreateMore Efficient FederalAviation Adm inistration Oversightof Non-aviation DevelopmentActivities at Airports o The Federal Aviation Administration (FM) has conducted long -standing reviews of projects other than critical airfield infra struct ure (including terminals, access and service roads, hangars, and other types of facilities) (based on statutory requirements set forth in 49 U.S.C.Chapter 4711 particularly Sections 47102-47113 and Section 50101). o This burdens FM to review projects other than critical airfie ld infrastructure, and as a result, slows project delivery. o Amending the law (49 U.S.C.47107) to limit FM approva l and oversight of nonaviation development activities at airports would create more efficient FM oversight of critical airfield infra structure. ReduceBarriersto Alternative ProjectDeliveryfor Airports 2. o Current law (49 U.S.C.47134) provides that, under an existin g pilot program, 65 percent of carriers at an airport must approve privatization to privatize an airport. The current pilot program is limited to only 10 airports, including only one larg e hub airport. o The pilot program allows individual air carriers to overturn an airport 1s desire to privatize, blocking private investments in airports. o Removing the limitation on the number and size of airports that can participate in the pilot program and decreasing the percentage of airlines needed to approve privatization from 65 percent to a majority vote would reduce barriers to alternative project delivery for airports and provide more flexibility for carriers to approve privatization. ClarifyAuthority for Incentive Payments under the Airport Improvement Program 3. o o o Curren tly , the Airport Improvement Program (AIP) does not allow incentive payments for accelerated construct ion. This adds tim e to AIP projects, since they cannot pay for accelerated comp let ion . Clarifying the authority under the AIP (49 U.S.C.47110) to permit additional financial incentives, along with profit margin, for contractors would increase work efficiency and reduce project comp letion times. Move Oversightof AIP Funds to Post-expenditure Audits 4. o Current law (49 U.S.C.47104 - 47106) requires FM to review and approve grant applications under the AIP. 26 4 CEQ050FY18091 _000001293 CEQ-18-0173-D-000227 o This oversight sometimes causes delays in sponsors receiving funds assigned to the ir airports. o Revising the statutory requirements for AIP to shift FAAoversight from grant applications to post-expenditure audits wou ld expedite conveyance of funds to sponsors. II. WATERINFRASTRUCTU RE The below water infrastruct ure provisions would incentivize the development of effective and efficient water infrastructure, outcome-based procurement, and full life-cycle asset management to improve water infrastructure. These changes would provide greater flexibilities for USACEand its non - Federal partners to use available Federa l and non-Federal funds, generate new revenues and reta in certain revenues in support of project requirements, make greater use of contributed funds, and allow for innovative use of contracting tools. A. Financing 1. Authorize CleanWater Revolving Fund for Privately Owned Public-purpose Treatment Works o Current law allows the DWSRFto lend to private owners. However, the Clean Water State Revolving Fund (CWSRF)is genera lly restricted to pub licly owned wastewater projects. o Privately owned public-purpose treatment works are not eligib le for CWSRF funding at the Federa l level. o Authorizing the CWSRF(33 U.S.C.1383) to provide financia l ass istance to publicly owned and privately owned public-purpose treatment works wou ld make more funding available for treatment works. Provide New Flexibility for Water Projectswith De Minim is FederalShare 2. o Under current law, even when a State or private sector entity provides the majority of the funding for a project, a project must still obtain review and approva l under the laws of any Federa l agency with jurisdiction . o The additiona l procedures, costs, and time delays associated with Federa l requ irements discourage infrastructure investments by State and local entities and private investors. These legal restrictions also contribute to delays in delivering needed projects even when the Federa l interest is sma ll. o Amending the law to provide targeted flexibility pertaining to the application of Federal requirements where the project funding is primarily non - Federal and the Federal share is minima l would increase investments in water infrastructure and reduce project delays and costs. B. Water Programs 27 5 CEQ050FY18091 _000001293 CEQ-18-0173-D-000228 Technical Assistance ALTERNATIVE PROJECT DELIVERY -AIRPORT PRIVATIZATION Sect ion 47134 of Title 49 provides the requirements for Airport Privatization Program . This proposal revises this section by establishing the permanency of the program with the elimination of the word "pilot ," eliminates caps on the number of airports allowed to participate in the program (including limits on large hub airports) , and changes the approvals for privatizations from 65% percent to at least half whi le shifting the burden for objecti ng to tenants . Lastly , the provision reduces the percentage for approvals of higher fee increases from 65% to at least half. Proposed Bill Language: Sec._ . AIRPORT PRIVATIZATION . (a) IN GENERAL -Sect ion 47134 is amended(1) in the heading , by striking "Pilot program " and insert ing in its place "Program "; (2) in subsection (b ), in the matte r preceding paragraph (1), by strik ing ", with respect to not more than 10 airports ," (3) in subsection (b ), by striking "at least 65 percent " each place it appears and inserting in its place "at least half '; (4) in subsection (b ), paragraph (1 )(A), by striking "as may be approved " and inserting "unless"; (5) in subsection (b ), parag raph (1 )(A )(i), by inserting "object in writing to th e sponsor in accordance w ith paragraph (1 )(B)" after "during such year "; (6) in subsection (c), by str iking "at least 65 percen t" each place it appea rs and inserting in its place "at least half '; (7) by striking subsect ion (d) and insert ing the following: "(d) PARTICIPATIONOF CERTAINAIRPORTS.-The Secretary may favo rably conside r applications submitted by a sing le , existing pub lic airport sponsor for multiple airports in its system "; (8) in subsection (m), by inserting "or an unclassified nonpr imary airport " after "commercial service airport" ; and (9) by adding after subsection (m) the follow ing: "(n) SPONSORPRIVATIZATIONPLANNING."(1 ) GRANTS.-The Secretary may provide grants to existing public airport sponso rs to carry out sponsor privatization planning (as defined in section 47102) for the purpose of protecting the interests of the public airport sponsor , the trave ling public , and the Federa l Government. "(2) LIMITATIONON FEDERAL SHARE.-The Federal share of the cost of sponsor privatizat ion planning under this subsection is established under section 47109(a), and may not exceed $500 ,000 per sponsor . "(3 ) FUNDING.-Not more than $5,000 ,000 may be used to carry out this subsect ion "(4) PROHIBITIONON USE OF FUNDS.-Such grants may not be used to fund stipends or other types of fees or reimbursement offered or paid to incentivize prospect ive purchase rs or lessees to pursue such opportunities. "(5) CONDUCTPOLICY FEASIBILITY STUDY. - CEQ050FY18091_00000 1295 CEQ-18-0173-D-000229 [APG] "(A) The Secretary shall direct the Adm inistrator of the Federal Aviation Administration to study the policy feasibility of public-private partnersh ips (in which a public-sector airport owner enters into a corporate structure with one or more commercial entities) to jointly operate airports; "(B) Not more than $500,000 shall be directed from the funds provided in Section 48103 towards conducting the study under subparagraph (5) herein; and "(C) Findings from the policy feas ibility study shall be submitted to the Secretary not later than 18 months after the date of enactment of this Act." (b) PLANNING.- Paragraph (5) of section 47102 is amended(1) in subparagraph (B), by striking "and"; (2) in subparagraph (C)(A) by striking the period and inserting in its place a semicolon ; (B) by inserting "and" after the semicolon ; and (3) by adding after subparagraph (C) the following: "(D) sponsor privatization planning , consisting of professional services to evaluate the legal and financial risks to the existing public airport sponsor and associated federal interests if the sponsor were to proceed with either"(i) the potential sale or lease of an airport to a person other than a public agency;or "(ii) the formation of a public-private partnership for airport development or operation." Proposed Amendments: ?47134. Program on private ownership of airports (a) Submission of Applications.-lf a sponsor intends to sell or lease a genera l aviation airport or lease any other type of airport for a long term to a person (other than a public agency) , the sponsor and purchaser or lessee may apply to the Secretary of Transportation for exemptions under this section. (b) Approval of Applications.-The Secretary may approve , with respect to not more than 10 airports, applications submitted under subsection (a) granting exemptions from the following provisions: (1) Use of revenues.(A) In general.-The Secretary may grant an exemption to a sponsor from the provisions of sections 47107(b) and 47 133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved unless (i) in the case of a primary airport, by at least 65 percent at least half of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 2 CEQ050FY18091_000001295 CEQ-18-0173-D-000230 (APG] aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at lea st 65 percent at least half of the total landed weight of all aircraft landing at the airport during such year object in writing to the sponsor in accordance with paragraph (1 )(B) ; or (ii) in the case of a nonpr imary airport , by the Secretary after the airport has consu lted with at least 65 percent at least half of the owners of aircraft based at that airport, as determined by the Secretary. *** (c) Terms and Conditions.-The Secretary may approve an application under subsect ion (b) only if the Secretary finds that the sale or lease agreement includes provisions satisfactory to the Secretary to ensure the following: (1) The airport will continue to be available for public use on reasonable terms and conditions and without unjust discrimination. (2) The operation of the airport will not be interrupted in the event that the purchaser or lessee becomes inso lvent or seeks or becomes subject to any State or Federal bankruptcy, reorganization , insolvency , liquidation, or disso lution proceeding or any petition or similar law seeking the dissolution or reorgan izat ion of the purchaser or lessee or the appointment of a receiver, trustee, custodian, or liquidator for the purchaser or lessee or a substantial part of the purchaser or lessee's property , assets , or business . (3) The purchaser or lessee will maintain , improve , and modernize the facilit ies of the airport through capital investments and will submit to the Secretary a plan for carrying out such maintenance , improvements , and modernization. (4) Every fee of the airport imposed on an air carrier on the day before the date of the lease of the airport will not increase faster than the rate of inflation unless a higher amount is approved (A) by at least 65 percent at least half of the air carriers serving the airport; and (B) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent at leas t half of the total landed weight of all aircraft landing at the airport during such year. (5) The percentage increase in fees imposed on general aviation aircraft at the airport wi ll not exceed the percentage increase in fees imposed on air carriers at the airport. (6) Safety and security at the airport will be maintained at the highest possible levels . (7) The adverse effects of noise from operations at the airport will be mitigated to the same extent as at a public airport. (8) Any adverse effects on the environment from airport operations will be mitigated to the same extent as at a public airport. (9) Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease . (d) Part icipation of Certa in Airports .- The Secretary may favorably consider applicat ions submitted by a single , existing publ ic sponsor that has multip le airports in its system .Participation of Certain Airports. (1) General aviation airports. If the Secretary approves under subsection (b) applications with respect to 5 airports, one of the airports must be a general aviation airport. This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 3 CEQ050FY18091 _000001295 CEQ-18-0173-D-000231 (APG] (2) Large hub airports. The Secretary may not approve under subsection (b) more than 1 application submitted by an airport that had 1 percent or more of the total passenger boardings (as defined in section 47102) in the United States in the preceding calendar year. *** (m) General Aviation Airport Defined .-ln this section, the term "general aviation airport" means an airport that is not a commercial service airport or an unclass ified nonprimary airport . (n) SPONSORPRIVATIZATIONPLANNING.(1) GRANTS.-The Secretary may prov ide grants to existing public airport sponsors to carry out sponsor privat izat ion planning (as defined in sect ion 47102) for the purpose of protecting the interests of the publ ic airport sponsor, the traveling pub lic, and the Federal Government. (2) LIMITATIONON FEDERALSHARE.- The Federal sha re of the cost of sponsor privatization planning under this subsection is established under section 47109(a), and may not exceed $500 ,000 per sponso r. (3) FUNDING.- Not more than $5 ,000 ,000 may be used to carry out th is subsect ion (4) PROHIBITION ON USE OF FUNDS.- Such grants may not be used to fund stipends or other types of fees or reimbu rsement offered or paid to incentivize prospective purchasers or lessees to pursue such opportunit ies . (5) CONDUCTPOLICYFEASIBILITYSTUDY. (A) The Secretary shall direct the Administrator of the Federal Aviation Administration to study the policy feasibility of public-pr ivate partnersh ips (in which a public -sec tor airport owner enters into a corporate structure w ith one or more commercia l ent ities) to jo intly operate airports ; (B) Not more than $500,000 shall be directed from the funds provided in Section 48103 towards conducting the study under subparagraph (5) herein; and (C) Findings from the policy feasib ility study shall be subm itted to the Secretary not later than 18 months after the date of enactment of this Act. ?47102. Definitions In this subchapter- *** (5) "airport planning" means planning as defined by regulations the Secretary prescribes and includes(A) integrated airport system planning; (B) developing an environmental management system; aR4 (C) developing a plan for recycling and minimizing the generation of airpo rt solid waste, consistent with applicable State and local recycling laws , including the cost of a waste audit.,.; and This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. 4 CEQ050FY18091 _000001295 CEQ-18-0173-D-000232 (APG] (D) sponsor pr ivatization planning, cons isting of professiona l services to eva luate the legal and financ ial risks to the existing publ ic airport sponsor and associated federa l interests if the sponsor were to proceed with either(i) the potential sa le or lease of an ai rport to a person other than a public agency ; or (ii) the formation of a pub lic-private partnership for airport development or operat ion . This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 5 CEQ050FY18091 _000001295 CEQ-18-0173-D-000233 Technical Assistance Move Oversight of AIP funds to Post-Expenditure Audits This section would create a Post-Expenditure Audit Pilot program for the AIP. The pilot program will include up to 50 airports across five airport categories and last for 3 years. The pilot includes terms and conditions applicable to the FAA and an airport sponsor participating in the program such as application procedures and acceptance, record of compliant posture, certification of compliance with applicable statutes, regulations , and policies as well as transference of responsibilities and liabilities from the FAA to participating sponsors. The proposed section also defines the requirements that must be met prior to program extension and expansion as well as oversight and penalties for non-compliance findings. Sec. . PILOT PROGRAM ON POST-EXPENDITURE AUDITS. Chapter 471 of title 49, Un ited States Code, is amended by inserting after section 47 142 the following- "? 47143. Pilot Program on Post-Expenditure Audits "(a) IN GENERAL.-The Administrator of the Federal Aviation Administration shall select up to 50 airports to participate in a post-expenditure audit pilot program , using the following airport category limitations"( 1) Not to exceed ten large hub airports , as defined in section 4 7102( a)( 11) of this title; "(2) Not to exceed ten mediwn hub airports, as defined in section 47102(a)(13) of this title ; "(3) Not to exceed ten small hub airports, as defined in section 47102(a)(25 ) of this title; "(4) Not to exceed ten non hub airports, as defined in section 47102(a)(l4) of this title; and "(5) Not to exceed ten nonprimary airports (which may be classified as National, Regional , Local , or Basic). " (b) APPLICATION.- "( 1) The Administrator shall"( A) Announce the availability , deadline , and application process for the pilot program within 60 days of the date of enactment of this section . The pilot program shall commence in the fiscal year following enactment. "(B) No t accept more than one airport owned and operated by a sponsor to participate in the pilot program established under this section. "(C) Consider previous sponsor compliance with grant assurance obligations , revenue use, and other risk factors in deciding whether to accept the sponsor's application. "(D) Exclude an airport sponsor found to have diverted revenue under section This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration. CEQ050FY18091 _000001296 CEQ-18-0173-D-000234 Technical Assistance [APG] 471 lS(f) of this title from participating in the pilot program. "(E) Notify the sponsor of an accepted airport in writing no later than 60 days after receipt of the sponsor ' s application. "(2) A sponsor selected to participate in the pilot program shall"(A) Submit a written request to participate in the pilot program to the designated office of the Federal Aviation Administration no later than the deadline established by the Administrator. "(B) Assume full legal liability and responsibility for compliance with the Administrator 's established requirements for project eligibility and justification , as well as all statutory , regulatory and policy requirements governing airport safety and standards including design , construction , specifications , durabilit y, and obstructions . "(C) Provide to the FAA at the time of application a letter from the sponsor ' s authorized representati ve, co-signed by the sponsor's attorney , certifying the ability and legal authority of the sponsor to meet the requirements of the pilot program. "(D) Retain full responsibility for compliance with all applicable federal statutory and regulatory requirements governing the administration of the funds provided under this chapter. "(E) Accept full responsibility to repay to the Federal Aviation Administration any funds awarded under this pilot program that may subsequentl y be found by the FAA or any authorized oversight agency to have been used improperly. "(3) Upon acceptance of a sponsor ' s request to participate in the pilot program under this section , the Federal Aviation Administration shall be relieved of its responsibilities to monitor sponsor compliance with applicable Federal statutory and regulatory procurement requirements , including those cited in the airport sponsor's grant assurances , prior to grant award. "(c) REPAYMENTOF lMPROPERLY USED Fl JNDS.- N otwithstanding subsection 4 7106( d), if at any time during or after the conclusion of this pilot program , a participating sponsor is found to have violated the terms or conditions of this pilot program , the Federal Aviation Administration shall recover the full amount of the funds used improperly , either by"( I) reducin g the sponsors' apportionments (without the need for a hearing) for the fiscal years following the improper use , until the amount improperly used is recovered ; or "(2) requiring the spon sor to return the funds to the Federa l Aviation Administration . "(d) DURATlON.-The pilot program under this section shall terminate on September 30 of the third fiscal year following commencement. "(e) SAVlNGSCLAUSE.-Nothin g in this section shall be construed as limiting the Admini strator 's authority to take correcti ve measures based on the results of post-expenditu re audits. "(e) CONFORMINGAMENDMENT .-The analysis for chapter 4 71 is amended by inserting after the item relating to section 47142 the followin g: " 47143. Pilot Program on Post -Expenditure Audits. ". This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091 _ 000001296 CEQ-18-0173-D-000235 SEC. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 1998 AMENDMENTS. (a) DEFINITIONS.--Section 60l(a)(l2)(D) of title 23, United States Code, is amended-(1) by amending paragraph (iii) to read as follows: "(iii) includes any transportation facility or asset that supports , direct or indirectly , the modal interchange or transfer of goods within a port terminal, or into and out of a port , including improvements to wharves , piers, docks, waterborne mooring infrastructure , dredging in connection with berth deepening , a dock or wharf , and infrastructure or assets that facilitate more efficient transfer of goods between ship and shore, between vessels , and into and out of the port;"; (2) by redesignating paragraph (iv) as paragraph (v); and (3) by inserting after paragraph (iii) the following: "(iv) is an eligible airport-related project as defined in 49 U.S.C ?40117(a)(3) ; and" CEQ050FY18091 _000001301 CEQ-18-0173-D-000236 PFC- Expand Streamlining to Small Hub Air ports The current law, 49 U.S.C. 40117(c) , {d), and (1), prescribes the application process to impose PFCs and includes a streamlined process for nonhub airports . This proposal would extend the streamlined process to small hub airports. An additional option includes extending the streamlined process for certain types of projects even at large and medium hub airports (where the PFC application consists solely of airfield rehabilitation projects , or projects that provide the local share for an already-approved AIP project). Section 40117( 1) would be revised to read as follows: (1) [PILOlj PROGRAM FOR PASSENGE R FACILITY CHARGE AUTH ORIZA TTONS AT NONHUB AND SM.ALL HUB AIRPORTS .- Commented [BE(l ]: FM is mindf\11that Congress has previouslysignaled i1sinlent to clim.iuatc1hc word "pilot" fromthis section. but we are nol suggesting it herebecausewe are now proposing lo broadentile applicabilityof the program andto assess it after three years. (I) IN GENE RAL-The Secreta ry shall estab lish a pilot program to test alternat ive procedure s Accordingly, we are 00 1 reconu.neoding removal of the word"pifot" at this time. for authorizing e ligib le agenc ies for nonhub and small hub airports to impose passenger facility charges. An eligible agency may impose in accordan ce with the provi sions of thi s subsectio n a passenger facility charge under this sec tion. For purp oses of the pilot program , the procedures in this subsect ion sha ll apply instead of the procedures otherwise provided in this sect ion. It would also be revised to add the following new subsection : (n) PROJECTS TO FUND LOCAL SHARE AND CERTAJN A.IP PROJECTS .- ( 1) lN G ENERAL-The Secretary shall establish and implement alternative procedures lo simp lify and streamline the app lication and authorizat ion process for an eligible agency of a large hub or medium hub airport to impose a passenger facility cha rge . Such allernative procedures shall apply instead of the procedures otherw ise provided in this section for a large hub or medium hub airport to fmance- (A) the agency 's non-Federal share of the allowable project costs of a project already funded with amounts apportioned under chapter 4 7 1; or (B) projects for runway or taxiway rehabilitation , land acquisition , drainage improvements , or acquisition of firefighting equipment or snowplows . CEQ050FY18091 _000001304 CEQ-18-0173-D-000237 [APG] (2) lMPLEMENTA TI0N.- Not later than 180 days after the date of enactment of this subsection , the Secretary shall establish procedures to implement this provi sion . (3) EVALUATION.- Not later than three years after the date of enactment of this subsection , the Secretary shall prepare a summaiy eva luation of outcomes , includin g appli catio n time save d and other factors ." Proposed Bill Language: SEC. . STREAMLINED PFC APPLICATION TO FINANCE LOCAL AIP PROJECT SHARE. Section 4011 7 of title 49 , United States Code is amended ( I) in subsection (l), in the heading, by inserting "and small hub airports " after " nonhub "; (2) in paragraph (1)(1), in the first sentence , by inserting "and sma ll hub " after "nonhub "; and (3) by adding at the end the following- "(n) PROJECTS TO FUND LOCAL SHARE AND CERTAJN AIP PROJ ECTS."( 1) IN GENERAL .- The Secretary shall establish and implement alternative procedures to simpl ify and streamline the application and authorization process for an eligible agency of a large hub or medium bub airport to impose a passenger facility charge. Such alternative procedures shall app ly instead of the procedures otherwise provided in this section for a large hub or medium hub airport to finance- " (A) the agency ' s non-Federa l share of the allowab le project costs of a project already funded with amounts apportioned under chapter 471 ; or " (B) projects for runway or taxiway rehabil itation , land acquisition , drainage improvements, or acquisition of firefighting equipment or snowplows. "(2) IMPLEMENTATI0N.-Not later than 180 days after the date of enactment of this sub section , the Secretary shall establish procedures to implement this provision . This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091_000001304 CEQ-18-0173-D-000238 [APG] "(3) EVALUATION.-Not later than three years after the date of enactment of this subsection , the Secretary shall prepare a summary evaluation of outcome s, including application time saved and other factors." This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 3 CEQ050FY18091 _000001304 CEQ-18-0173-D-000239 Technical Assistance Limiting FAA review and approval of nonaeronautical development The objective of this change is to provide greater legislative clarity regarding what types of changes to an Airport Layout Plan require FAA review and approval. The proposed language essentially limits FAA review and approval to changes that would affect the movement of aircraft, or that adversely affect prior federal investments. Proposed Bill Language: Sec. . REVlEW OF NONAERONAUTICAL USES . Section 47107(a)(l6) of title 49 , United States Code , is amended (!) in subparagraph (B) , by(A) inserting " review and" before "approve "; and (B) striking everything after "approve " and inserting "or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport or that would adversely affect the safety of people or property on the ground adjacent to the airport as the result of aircraft operations , or that adversely affect the value of prior federal investments ;"; (2) in subparagraph (C), by(A) striking (C) and inserting (D); (B) striking " if the alteration does not comply with the plan the Secretary approves , and the Secretary is of the opinion that the alteration may affect adversely the safety , utility , or efficiency of the airport ;" ; and inserting the following: " unless the alteration " (i) is outside the scope of the Secretary ' s review and appro val authority of the plan as set forth in subparagraph (B) of this paragraph , or " (ii) complies with the portions of the plan approved by the Secretary ;"; and (C) by inserting before subparagraph (D), as so redesignated , the following new subparagraph: " (C) not later than 30 days after the owner or operator submit s a proposed revision of the airport layout plan to the Secretary's designated representative , the Secretary will notify the owner or operator if the Secretary determines that the proposed change may require review and approval pursuant to the criteria estab lished in subparagraph (B) of this paragraph ;" (3) in subparagraph (D), by(A) striking (D) and inserting (E) ; (B) strikin g everything after (E) and before clause (i) and inserting "when an alteration in the airport or its facility is made that is within the scope of the Secretary's review and approval of the plan as set forth in subparagraph (B) of this paragraph , and does not conform with the portions of the plan approved by the Secretary , and the Secretary decides that the alteration adversely affects the safety , utility , or efficiency of aircraft operations , or of any property on or This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration CEQ050FY18091 _000001305 CEQ-18-0173-D-000240 [APG] off the airport that is owned , leased , or financed by the Government , then the owner or operator will, if requested by the Secretary- "; and (4) by inserting at the end the following new subparagraph"(F) RULE OF CONSTRUCTION.-Nothing in this paragraph shall be construed to"(i) affect the applicability of sections 47107(b) or 47133 of title 49, United States Code , to revenues generated by the use , lease, encumbrance , transfer , or disposal of land, facilities upon such land, or any portion of such land or facilities ; "(ii) restrict the Secretary ' s authority to ensure that an airport owner or operator " (!) receives no less than fair market value in the context of a commercial transaction for the use , lease , encumbrance , transfer , or disposal of land, any facilities on such land, or any portion of such land or facilities ; "(II) pays no more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land ; and "(III) does not derogate the value of property or facilities acquired with funds pro vided under this Title, or with revenues authorized pursuant to section 40117 of this Title, or pursuant to a Surplus Property Act instrument of transfer. " Revised Language as it would appear in the U.S. Code: ( 16) the airport owner or operator will maintain a current layout plan of the airport that meets the following requirement s: (A) the plan will be in a form the Secretary prescribes ; (B) the Secretary will review and approve or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport, or that would adversely affect the safety of people or property on the ground adjacent to the airport as a result of aircraft operations, or that significantly and adversely affect the value of prior federal investments ; (C) not later than 30 days after the airport owner or operator submits a proposed revision of the airport layout plan to the Secretary's designated representative, the Secretary will notify the airport owner or operator if the Secretary determines that the proposed change may require review and approval pursuant to the criteria establis hed in subparagraph (B) of this paragraph; (D) the owner or operator will not make or allow any alteration in the airport or any of its facilities if the alteration does not comply with the plan the Secretary approves and the Secretary is of the opinion that the alteration may affect adversely the safety , utility, or efficiency of the airport ; unless the alteration (i) is outside the scope of the Secretary's review and approval authority as set forth in subpara graph (B) of this paragraph : or This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091 _000001305 CEQ-18-0173-D-000241 [APG] (ii) complies with the portions of the plan approved by the Secretary ; and (E) when an alteration in the airport or its facility is made that does not conform to the approved plan and that the Secretary decides adversely affects the safety , utility , or efficiency of any property on or off the airport that is owned, leased, or financed by the Goverameet , the ov,eer or operator , ifreqaested by the Secretary , will is within the scope of the Secretary ' s review and approval of the plan as set forth in subparagraph (B) of this paragraph , and does not conform with the portions of the plan approved by the Secretary , and the Secretary decides that the alteration adversely affects the safety , utility , or efficiency of aircraft operation s, or of any property on or off the airport that is owned , leased , or financed by the Government , then the owner or operator will , ifrequested by the Secretary(i) eliminate the adverse effect in a way the Secretary approves; or (ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and ofrestoring the property or its replacement to the level of safety , utility , efficiency , and cost of operation that existed before the alteration was made , except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 4 7110( d); (F) RULE OF CONSTRUCTION .- Nothing in this paragraph shall be construed to(i) affect the applicability of sections 47107(b) or 47133 oftitle 49, United States Code , to revenues generated by the use, lease, encumbrance , transfer , or disposal of land, facilities upon such land, or any portion of such land or facilities; (ii) restrict the Secretary ' s authority to ensure that an airport owner or operator(!) receives no less than fair market value in the context of a commercial transaction for the use , lease , encumbrance , transfer , or disposal of land, any facilities on such land, or any portion of such land or facilities ; (II) pays no more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land; and (III) does not dero gate the va lue of property or facilities acquired with funds provided under this Title , or with revenues authorized pursuant to section 40 117 of this Title , or pursuant to a Surplus Property Act instrument of transfer. This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 3 CEQ050FY18091 _000001305 CEQ-18-0173-D-000242 INCENTIVE PAYMENTS This proposal would allow a fixed percentage of AIP funds to be used for incentive payments, to encourage cont ractors to reduce construction times. The airport sponsor will take the responsibility to ensure that the incent ive does not jeopardize safety, capac ity, or efficiency of airport operations. By changing the allowable costs for AIP to include incentives , incentives will also be allowable for PFC and airport revenue. 49 U.S.C. 47110(b) (1) would be revised to read as follows : (b) ALLOW ABLE COST STANDARDS.-A project cost is allowable- (1) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter , includin g(A) any cost a sponsor incurs related to an audit the Secretary requires under section 4712l(b) or (d) of this title; aae (B) any cost of moving a Federa l facility impeding the project if the rebuilt facility is of an equivalent size and type; and (C) an incentive payment , not to exceed the lesser of five percent of the initial construction contract amount or $1,000,000, to fund early completion of the project , if(i) the contractor has full control of the worksite and access to the worksite , without negatively impacting the operation of the airport ; (ii) the contract specifies application of the incentive structure in the event of unforeseeable , non-weather delays beyond the control of the contractor ; and (iii) the airport operator retains responsibility for the safety, efficiency , and capacity of the airport during the execution of a contract with incentive payments. Proposed Bill Lang uage: SEC. . CLARIF ICATION OF INCENTIVE PAYMENTS TO EXPEDITE COMPLETION OF AN AIP FUNDED CONSTRUCTION PROJECT. Section 47 110 oftitle 49, United States Code, is amended in subsection (b), paragraph ( 1) by( 1) inserting an em dash after "including"; (2) inserting "(A)" before "any cost a spon sor incurs" and indenting appropriately ; (3) striking "and" after "of this title" and inserting a semicolon; CEQ050FY18091 _000001306 CEQ-18-0173-D-000243 [APG] (4) inserting "(B)" before "any cost of moving " and indenting appropriately ; (5) inserting "and" after "size and type;"; and (6) inserting at the end, and indenting appropriately , the following"(C) an incentive payment , not to exceed the lesser of five percent of the initial constmction contract amount or $ 1,000,000, to fund early completion of the project , if"(i) the contractor has full control of the worksite and access to the worksite , without negatively impacting the operation of the airport ; "(ii) the contract specifies application of the incentive structure in the event of unforeseeable , non-weather delays beyond the control of the contractor ; and "(iii) the airport operator retains responsibility for the safety, efficiency , and capacity of the airport during the execution of a contract with incentive payments. " This technical drafting assistance is provided in response to a Congressional request and is not intended to reflect the viewpoint or policies of any element of the Department of Transportation or the Administration . 2 CEQ050FY18091 _000001306 CEQ-18-0173-D-000244 Re: WH aviationinfrastructure provisions From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 18 Apr 2018 10:57 :48 -0400 Please send to her. Always good to get her thoughts. -------- Original message -------From: "Herrgott, Alex H. EOP/CEQ" Date: 4/18/ 18 10:54 AM (GMT-05:00) To: "Arnakis , Adrian (Commerce)" Subject: Re : WH aviation infrastructure provisions -------- Original message -------From: "Herrgott , Alex H. EOP/CEQ" Date : 4/18/ 18 10:54 AM (GMT-05 :00) To: "Amakis , Adrian (Commerce)" Subject: Re : WH aviation infrastructure provisions Shall I send lo Devon or do you want to work it on your end. Not hiding the bal I, provisions shouldo 't be controve rsial unless I'm missing something Sent from my iPhone On Apr 18, 2018, at L0:54AM, Amakis , Adrian (Commerce) wrote: Thanks. We will for sure take a look. -------- Original message -------From: "Herr gott, Alex H. EOP/CEQ" Date: 4/ 18/ 18 10:47 AM (GMT-05:00) To: "Arnakis , Adr ian (Commerce)" Subject : WH aviation infrastructure provisions Hey, as I men t ioned yest er day, th ese are t he provis io ns we hope you wo uld cons ider in t he FAA package . The expla natio ns are in t he leg pr inciples . TIFIA eligibi lit y to airports and ports is a big one and some th ing we are pushin g hard. FAA sent t hese to T& I as well and had t he pri mary pen on putting t hese toge th er. a lex 1 CEQ050FY18091_000001363 CEQ-18-0173-D-000245 Alexander Herrgott Associate Director for Infrastructure Counci l on Environmental Qual ity 2 CEQ050FY18091_000001363 CEQ-18-0173-D-000246 Re: WH aviationinfrastructure provisions From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 18 Apr 2018 10:53:47 -0400 Thanks. We will for sure take a look. -------- Original message -------From: "Herrgot1,Alex H. EOP/CEQ" Date : 4/18/ 18 10:47 AM (GMT-05 :00) To: "Amakis , Adrian (Commerce )" Subject: WH aviation infrastrncture provisions Hey, as I mentioned yesterday, these are the provisions we hope you would consider in the FAA package. The explanations are in the leg principles. TIFIA eligibi lity to airports and ports is a big one and something we are pushing hard. FAA sent these to T&I as wel l and had the primary pen on putting these together. alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality 1 CEQ050FY18091_000001364 CEQ-18-0173-D-000247 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 November 15, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 6 Dear Mr. Evers: This letter is the sixth production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this sixth production, we have processed an additional 200 records and identified 184 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 247 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted some email addresses and phone numbers. We have determined that exemptions be applied in 14 redaction instances pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A v1 I( PVERSIGHT Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 A v1 )I( /\ PVERSIGHT RE: NEPA hearingnextweek From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : cody.stewart@mail.house.gov Date: Tue , 21 Nov 2017 09:58:51 -0500 - My apologies -----Original Message----From: Hen-gott, Alex H . EOP /CEQ Sent Tuesday, November 21, 2017 9:57 AM To: 'cody.stewart@mail.house.gov' Subject: NEPA hearing next week Hey Cody . Long time no talk buddy. You a minute today to chat. We should catch up on tbe Hill after tbe bearing. 1 can fill you in on all we are doing in tbe President's Infrastructure Package. Alex HOUSE COMMITTEE EVENT Ener gy House Natural Resources Committeehearing on NEPA The full committee bolds a bearing on "Modernizing NEPA (National Environmental Policy Act) for the 21st Century." L0:00AM ESTon 11/29/17 1324Longworth House Office Building House Natural Resources Commjttee Congress, Regulations, Conservation - Alexander Herrgott AssociaLe Director for Infrastructure Council on Environmen tal Qua lily MR N PVERSIGHT 1 CEQ050FY18091 _ 000001142 CEQ-18-0173-F-000001 NEPA hearingnextweek From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organ ization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: cody.stewart@mail.house.gov Date: Tue, 21 Nov 2017 09:57:23 -0500 Hey Cody. Long time no talk buddy. You a minute today to chat. We should catch up 011the Hill after the hearing. I can fill you in on all we are doi11gin the President's InfrastructurePackage. Alex HOUSE COMMITTEEEVENT E11ergy House Natural Resources Committeeheari11gon NEPA The full committeeholds a hearing on "ModernizingNEPA (NationalEnvironmentalPolicy Act) for the 21st Ce11huy." l 0:00 AM EST on 11/29/ 17 1324 LongworthHouse Office Buildillg House Natural ResourcesConunittee Congress, Regulations, Conservation - Alexander Hcrrgott Associate Director for Infrastructure Council on EnvironmentalQuality MR N PVERSIGHT 1 CEQ050FY18091 _ 000001146 CEQ-18-0173-F-000002 FERC intervenorlanguagefor MOU "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: admin istrative group (fydibohf23sp dlt)/cn=recipients /cn=45656 107f8dc4dc18bb681 d 14e44c8e9-he"> To: kellie_donnelly@energy .senate .gov Date: Wed , 10 Jan 2018 11 :03:12 -0500 Attachments FERC .lnterve nor_MOU language2.docx (14.33 kB) Kellie, Do you have a couple minut es t o t alk abou t something I am working on. You are the FERCexpert. MR N PVERSIGHT 1 CEQ050FY18091_000001090 CEQ-18-0173-F-000003 RE: FERG intervenorlanguagefor MOU From: "Donne lly, Kellie (Energy)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed , 10 Jan 201811:17 :09 -0500 Hi Alex. Of course! My direct dial is- I' m available now or we can set up a t ime for later today. From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Wednesday, January 10, 2018 11:03 AM To: Donnelly, Kellie (Energy) Subject: FERCintervenor language for MOU Kellie, Do you have a couple minutes to talk abou t something I am working on . You are the FERCexpert. MR N PVERSIGHT 1 CEQ050FY18091_000001642 CEQ-18-0173-F-000005 Breakfast From: To: Chris Slevin Date: Thu, 11 Jan 2018 12:32:37 -0500 Can we set up a breakfast meeting with DJ me and your boss to talk infra next week. Callme Sent from my iPhone MR N PVERSIGHT 1 CEQ050FY18091_000001084 CEQ-18-0173-F-000006 RE: FERG intervenorlanguagefor MOU From: "Donnelly , Kellie (Energy )" To: "Herrgott , Alex H. EOP/CEQ" Date : Fri, 12J an 201817 :45 :37 -0500 Attachments Examples of Overreaching Agency Mandatory Conditions.pdf (479.08 kB); FERC .lnterve nor_MOU language2 kd.docx (17 .51 kB} Hi Alex. It was good to speak with you the other day. Attached, please find a red-line with suggestions to your language. I've also attached a document I received last Congress outlining some of the problems w/ resource agency mandatory conditions. Another example I heard in March 2017 was from the Modesto Irrigation District (and their sister utility , the Turlock Irrigation District). In trying to relicense the Don Pedro Plant in CA, BLM was try ing to get them to pay for a $22.5 million facility for a rafting operation, comp lete with an elevator! Also, NMFS is trying to impose a "conceptual engineering plan for fish passage" at Don Pedro Dam and their diversion dam, Le Grange, at an estimated cost of $170 million . So basically, these public power entities wil l be required to spend (in additional to everyth ing else, including about $SO million in studies to complete the licensing process) millions of public dollars on unproven fish passage technology. These guys are on year 8 of their licensing process (which doesn't count the 2-3 years of pre-work). I recall tha t Idaho Power also has a te rrible story. We've got calls into them to get t he information which I'll share when we have it. As you put together an infrastructure package, please keep in mind the infrastructure -related provisions from our energy bill that could fit - hydro licens ing, natural gas pipeline permitting, LNG time lines, and critical minerals (nearly all such minerals, like those needed for iphones, are curren t ly imported from China despite the fact that we could mine for these resources in the U.S.) to name a few- that would be value-added. Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need additional information. Enjoy the long weekend! Kellie From: Herrgott,Alex H. EOP/CEQ [mailto Sent: Wednesday,January10, 2018 11:03AM To: Donnelly,Kellie(Energy) Subject: FERCintervenorlanguagefor MOU Kellie, Do you have a couple minutes t o talk about something I am working on. You are the FERCexpert. AMR AN PVERSIGHT 1 CEQ050FY18091_000001638 CEQ-18-0173-F-000007 Draft/Predecisional Document Agencies shall agree to ~articipate a cooperating agencie in FERC ' NEPA review proc sses pertaining to any FER proceeding for a major infrastructure project covered by this MOU whenever invited to do o by FERC . Agencies may decline any sucb FERC invitation iJthe agency has no authority or technical expertise with respect to the project, but the agency shall agree not to join the FERC proceeding a an ioteivenor upon such declination. AMERICAN pVERSIGHT 1 Commented [KDl]: ..liceosing" would limit this j ust to hydro proceedings. CEQ050FY18091_000001639 CEQ-18-0173-F-000008 Examples of Overreaching Agency Mandatory Conditions o Project cancelled because NMFS required fish passage despite no jeopardy determination and Canadian opposition: At the Enloe Dam Project in Washington , NMFS issued a "no jeopardy" opinion agreeing with FERC ' s conclusion that the project would not jeopardize the continued existence of steelhead, an endangered species. Despite its "no jeopardy " finding, NMFS imposed, as a condition of its incidental take statement, a license article requiring construction and operation of expensive upstream fish passage facilities, which the agency deemed necessary to reduce the project's impact on the species. FERC questioned the appropriatenes s of the measure, and noted that the Canadian provincial authorities and a tribe in British Columbia opposed the introduction of anadromous fish into Canadian waters due to risk of disease transm ission to the Canadian resident fish population. Nevertheless, FERC included the measure in the license as an Endangered Species Act (ESA) requirement. On appeal, FERC found that inclusion ofNMFS' condition would significantly increase the costs of a project that already appeared to be uneconomical and would require the licensee to bear sole responsibility for the additional economic burden. For those reasons, FERC concluded that the project's license was no longer in the public interest and rescinded the license. Pub. Util. Dist. No. 1 of Oka.nogan County, Wash., 90 FERC 161,169 (2000). o State agency requires redundant water quality studies: In the ongoing Upper North Fork Feather Project relicensing in California, FERC and all other state and federal land and wildlife agencies accepted water temperature modeling performed by the licensee. After this modeling was comp lete, the Section 401 agency retained a consultant to prepare and run a complete ly independent water temperature model resulting in an ongoing relicensing delay of over 7 years and additional direct cost of more than $1 million to the licens ee (who was required to pay for the redundant study). The second temperature model study confirmed the earlier results. Project No. 2105. o Conflicting mandatory conditions between state and federal regulators: At the Spearfish Project in South Dakota, the USFS exercised its mandatory conditioning authority to impose minimum streamflow requirements downstream of the project 's diversion dam. Concerned about the impact of such flows on downstream fisheries resources and irrigation, the state water quality agency imposed a conflicting requirement -req uiring a maximum streamflow requirement that was lower than the minimum flow s imposed by USFS. FERC issued a letter directing the agencies to resolve the differences. Letter to Agencies, Project No. 12775-001 (issued Aug. 10, 2009) . o NMFS requires fish passage despite lack of species at project: At the Santa Felicia Project, a small project in California, NMFS imposed burdensome and expensive fish passage requirements, but it did so only in its biological opinion issued under the ESA section 7. By doing so, NMFS avoided having to defend its decision through a trial-type hearing under FP A section 18 or alternative prescriptions under FP A section 33. FERC had analyzed the need for fish passage at the project during its 1 AMlf ll Al\ pVERSIGHT 1 CEQ050FY18091 _000001640 CEQ-18-0173-F-000009 NEPA review and found that providing fish passage around the dam was not justified given the small number of adult steelhead observed passing the downstream dam, the engineering challenges, and the high cost. While FERC questioned the need for such a provision, it incorporated the fish passage requirement into the license to ensure implementation of the reasonable and prudent alternative under the biological opinion. United Water Conservation Dist. , 124 FERC ,r62,193 (2008). o Conflicting requirements between state and federal regulators on water quality monitoring: At the Box Canyon Project, a hydropower facility located on federal lands in northeastern Washington, the licensee and state water quality agency reached agreement on license measures to bring total dissolved gas levels at the project into compliance with water quality standards. Those measures were included in the state's water quality certification and incorporated into the license. Despite these requirements, Interior imposed a mandatory condition under section 4(e) requiring complex and detailed water quality monitoring at an annualized cost of $151,000, even though FERC staff expressed concern in the NEPA document that such monitoring would be of little value . Pub. Util. Dist. No. 1 of Pend Oreille County, 117 FERC ,I 61,205 (2006). o Interior requires excessive wildlife habitat mitigation: Also at the Box Canyon Project, Interior required the licensee to mitigate for the loss of wildlife habitat on reservation lands, despite a prior settlement under which the licensee had already purchased and managed over 700 acres of wildlife lands to address habitat losses from the reservoir ' s inundation of lands within the project boundary, including those on the reservation. Though FERC found in its NEPA document that no further wildlife enhancement was needed , and concluded that Interior's additional requirement was not supported by the record , it was forced to include it in the license. Pub. Util. Dist. No. 1 of Pend Oreille County, 117 FERC ,r61,205 (2006). o Federal and state agencies require fish passage at project with healthy fishery: At the 600 kW Winter Project in Wisconsin, both the USFS and the state water quality agency required seasonal upstream and downstream fish passage, which would result in nearly $30,000 of additional annual expenses at the project. The annual value of the project's power as licensed is $83,690. The agencies imposed this requirement despite FERC's decision in the NEPA document not to recommend upstream or downstream fish passage because it found no indication that the lack of passage was having a significant effect on the fishery, and that the resident fish communities above and below the project were healthy and diverse. FERC nonetheless incorporated the fish passage requirements into the license as a mandatory condition. Flambeau Hydro, LLC, 112 FERC ,r62,130, order denying reh 'g, 113 FERC ,r 61,291 (2005). o Federal agencies require fish passage despite lack of species at project: At the Toledo Bend Project on the Texas-Louisiana border, the USFWS and NMFS expressed concern that the project was a migratory barrier for American eel, a species currently under status review by USFWS for potential listing under the ESA, despite 2 AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000001640 CEQ-18-0173-F-000010 its location well outside the primary range for American eel, and that the relicensing studies captured only 17 eels at the project during a two-year fish sampling study. The Services pressed the licensees to install and maintain upstream and downstream eel passage facilities that would cost millions of dollars. The licensees ultimately reached settlement with the Services, even though there was considerable debate regarding the presence of the species at the Project and the Project's effects on the species. Sabine River Authority of Texas, 148 FERC ,r62,171 (2014). o USFS required funding to prevent spread of regionally pervasive plant species: Also at the Toledo Bend Project, the USFS required the licensee to provide $20,000 per year for USFS treatment of Chinese tallow within the national forest. Relicensing studies confirmed that the species is prevalent throughout the entire southeast region of the United States, and that spread of the species is caused primarily by seed transfer by birds, and not by project operations. Sabine River Authority of Texas, 148 FERC ,r62,171 (2014). o At the two separately-licensed transmission lines serving the South Feather Power Project in California, the USPS incorporated three USPS mandatory conditions that FERC opposed: o Required measures to protect birds despite determination that there is low risk of harm to species: A requirement for the licensee to implement an avian collision and electrocution hazard plan. FERC concluded that this condition would be unnecessary because the risk of electrocution or collision at the project is low, and the licensee ' s proposal to consult annually with the USPS regarding special status species would serve to respond to changes in wildlife distribution during the new license term. o Redundant noxious weed survey: A requirement that the licensee conduct a three-year inventory of noxious weeds, even though the licensee had already completed surveys that identified problem-specific sites at the project and FERC found additional monitoring and mapping to be unnecessary. o Applicant required to fund USFS staff time for project activities: A requirement for the licensee to consult with the USFS on any new activities not addressed in the licensing process and fund a portion of USFS staff time for activities related to the new project activities. PERC noted that it has no way of ensuring the funding of personnel would accomplish a project purpose or ameliorate a project effect. Pac. Gas & Elec. Co., 131 FERC ,r62,222, at PP 22-24 (2010); Pac. Gas & Elec. Co., 131 FERC ,r62,223, at PP 22-24 (2010); o Interior required expensive measures for wild rice restoration: At the Wisconsin River Headwaters Project in Wisconsin, Interior imposed a section 4(e) condition requiring the licensee to lower the project reservoir by nine inches (and contribute $200,000 toward planting and monitoring wild rice) to reverse the depletion of wild rice at the reservoir. FERC was required to include the condition, even though it 3 AMlf ll Al\ pVERSIGHT 3 CEQ050FY18091_000001640 CEQ-18-0173-F-000011 cau_seda significant impact upon the entire project , while the reservation covered only a minute portion of the project shoreline area. Wisconsin Valley Improvement Company, 76 FERC ,r61,050 (1996) , affirmed , Wisconsin Valley Improvement Co. v. FERC, 236 F.3d 738 (D.C. Cir. 2001). o USFS requires road maintenance for multi-pul'pose roads: At the Upper American River Project in California, the USPS required a transportation system management plan under which the licensee would share responsibility with USPS for roads that are used for multiple public and private purposes. While PERC noted that the plan should have limited the licensee 's responsibility to those access roads or portions or roads that are primarily used for project purposes , FERC incorporated the conditions without change. Sacramento Mun. Util. Dist., 148 FERC ,r62,070, at PP 78-79 (2014). o BLM requires l'ecreation enhancements miles from project: At the Chili Bar Project in California, the licensee entered into a Recreation Payment Agreement (RP A) with BLM to pay $30,000 annually to BLM for improving and maintaining BLM's recreation facilities on the South Fork of the American River far downstream of the Project. The RPA settled issues related to mandatory conditions at a lower cost than the licensee believed likely if this was brought into the FERC license as a mandatory condition. Pac. Gas & Elec. Co., 148 FERC ,r62,148, at P 46 (2014). o USFS requires funding for habitat improvements outside project boundary: At the Boundary Project in Washington, the USFS required the licensee to provide $2.5 million for salmonid habitat improvements in the upper tributaries to Sullivan Lake outside of the project boundary. Sullivan Lake dam prevents passage of native salmonids between the Boundary reservoir and the upper Sullivan Creek basin. FERC opposed this measure because it would not benefit project-affected resources or serve project purposes, but was required to incorporate it into the license. City of Seattle, Wash., 142 FERC ,r62,231 (2013). o USFWS requires fish ways at non-project dams : At the Rocky Reach Project on the Columbia River in Washington, USFWS issued , as a mandatory condition of its Biological Opinion under the ESA, a requirement that the licensee operate fishways at non-project dams some distance away from and not part of the project for upstream passage of bull trout. Pub. Util. Dist. No. 1 of Chelan County, Wash., 126 FERC ,r 61,138 (2009). o USFS requires measures to improve trout populations beyond influence of project: At the Boulder Creek Project in Utah, the USFS required the licensee to spend up to a capital cost of $135,000 (annualized at $3,210) on improvement or re-establishment of Colorado River cutthroat trout in streams outside of the Boulder Creek drainage and beyond the influence of the project. The annual value of project power is $823,000. FERC found that because the trout populations to be improved or reestablished would be located outside the influence of the project and the nexus of the measures to project effects was undetennined, there was no ju stification for adopting the measure. Garkane Energy Coop., Inc., 120 FERC ,r62,154, at P 23 (2007). 4 AMERICA!\ pVERSIGHT 4 CEQ050FY18091_000001640 CEQ-18-0173-F-000012 o Federal and State regulators require fish passage study at other dams: At the Wells Project in Washington, both Interior and the state water agency required the licensee to complete a literature review in 5-year intervals on the effectiveness of upstream passage measures implemented at other Columbia and Snake River hydroelectric projects. FERC opposed the measure as unrelated to project-specific effects or purposes in the project area. Pub. Util. Dist. No. I of Douglas County, Wash., 141 FERC ,I 62,104, at P 90 (2012). o USFS requires measures for aquatic resources upstream of project: In the ongoing DeSabla-Centerville Project relicensing in California, the USFS required mandatory conditions at Hendricks Diversion Dam which is located on private lands and is more than six miles upstream ofUSFS's lands . The conditions require specific instream flows and construction of a new fish screen/ladder at Hendricks Diversion Dam for claimed protection of aquatic resources located many miles downstream. The conditions are unrelated to project-specific effects on aquatic resources on the federal lands located many miles downstream. Environmental Assessment for DeSablaCenterville Project, Project No. 803-087 (issued Dec. 2008). o State agency requires activities on private non-project lands: Also in the ongoing DeSabla-Centerville Project relicensing , the state water quality agency issued a draft 401 certification that included conditions not in accordance with the negotiated license conditions among the licensing participants, including constraints on construction oflicense-required measures. The licensee commented on the draft 401 , and when the state agency issued the final certification in April of 2015, it did not respond to many of the licensee's comments and included numerous additional conditions, including requirements to complete construction activities on private lands held by third parties outside of the project boundary. Water Quality Certification for DeSabla-Centerville Project, Project No. 803-000 (issued Apr. 21, 2015). o USFS requires studies on maintenance of roads not affected by project: In the ongoing Bucks Creek Project relicensing in California , the licensee is conducting a pre-application study on maintenance of project-related roads, and will survey all roads that provide access to the project for operation and maintenance or recreation access. The USFS demanded the licensee to expand the study to include federal roads outside the project boundary wmch USFS currently maintains, and that are not used for any project purposes. It appears USFS wants the studies in anticipation of including new license condition s that would shift the costs of maintaining these roads to the licensee. USFS Comments on Proposed Study Plan for Bucks Creek Project at 8, Project No. 619 (filed Aug. 25, 2014). o USFS requires installation of bridge outside project boundary: On rehearing of the license for the Borel Project in California, FERC incorporated USFS ? 4(e) conditions that it had previously rejected requiring the license e to install a portable bridge on Lake Isabella (owned by the U.S. Army Corps of Engineers and not part of the project) and to conduct flow measurements and fish monitoring in areas outside the project boundary. S. Cal. Edison Co., 117 FERC ,i 61,067 at PP 6-11 (2006). 5 AMlf ll Al\ pVERSIGHT 5 CEQ050FY18091_000001640 CEQ-18-0173-F-000013 o USFS requires expensive road maintenance for non-project l'oads: At the Swift No. 2 Project on the Nort h Fork River in Washington State, the USFS imposed a? 4(e) condition requiring the licensee to fund maintenance of a multi-purpose Forest road outside the project boundary used primarily for non-project purposes. FERC staff in its EIS concluded that the road was not a project facility and therefore shou ld not be funded by the licensee. Pub. Util. Dist. No. I of Cowlitz County, Wash., 123 FERC ,r62,259 at P 20 (2008). o USFS requires funding for campsites on federal land outside project boundary: Also at the Swift No. 2 Project, the USFS required the licensee to provide $5,220 in annual funding to the USFS to manage dispersed shoreline camping sites on National Forest System lands outside the Project boundary. Pub. Util. Dist. No. I of Cowlitz County, Wash., 123 FERC ,r62,259 at PP 46-48 (2008). o USFS requires licensee to obtain easement over non-project lands: In the original licen sing of the Whitman Lake Project in Alaska, the USFS required the licensee to obtain an easement from a private landowner to lands outside the project boundary that it said would allow governmental administrative access to project facilities not loca ted on Forest System land. FERC staff found in the EA that the trail over these lands would not provide any access to the project's reservoir. Ketchikan Pub. Utils., 126 FERC if 62,205 at P 33 (2009). o USFS requires funding for non-project activities on federal lands: In the relicensing of the Warrior River Project in Alabama , the USFS's 4(e) conditions required the licensee to provide nearly $5 million in funding to the USFS for: data collection and monitoring studies on Forest Service lands , public education, shoreline management activities, clean-up of informal recreation sites, USFS management of cultural resources, encroachment processing, upgrades to USPS recreation areas, and modifications to culverts in the Bankhead National Forest. FERC found that these conditions were not needed for project purposes or to protect resources affected by the project. Alabama Power Co., 130 PERC ,r62,271 at PP 31-40 (2010). o USFS requires licensee to repair federally and privately-owned roads not linked to project: In the ongoing McCloud-Pit Project relicensing in California, the USFS required the licensee to assume maintenance responsibility and to reconstruct many miles of existing USFS and privately-owned roads as "projec t roads" even though these roads are not used for project purposes and have never been treated as project roads. FERC determined that some of these roads do not meet its criteria for project roads used primarily for project purposes and very few users of the roads use them to access project facilities. USPS nonetheless included the requirement in its final conditions, which will be included in a new FERC licen se. The licensee estimates that inclusion and reconstruction of these roads will cost it over $30 million dollars. McCloud-Pit Project FEIS at 332, Project No. 2106 (Feb. 201 I). o USFS requires funding for federal non-project recreation site: In the Pelton Round Butte Project relicensing in Oregon, USFS required $45,000 in funding of recreation mitigation or enhancement measures at USPS-managed Haystack Reservoir located 6 AMERICA!\ pVERSIGHT 6 CEQ050FY18091_000001640 CEQ-18-0173-F-000014 20 miles from the project. FERC opposed this measure, because it wou ld not address project-related effects on recreation resources, and sufficient recreation at the project is provided in the license. Portland General Elec. Co., 117 FERC ,I 61,112, at PP 135-37 (2006) . o USFS requires expensive road maintenance for non-project roads: Also in the Pelton Round Butte Project relicensing , USFS required licensee funding for upgrades and maintenance of non-project USFS and county-owned roads not needed for the project at a combined annual cost of $87,500. Portland General Electric Co., 117 FERC ,T61,112, at PP 49-51 (2006) . o USFS requiresfundingfor federal non-project recreation site: At the Clackamas Project in Oregon, the USFS required implementation of a Recreation Resources Management Plan, a provision of which required the licensee to provide $50,000 toward a one-time upgrade of facilities at the USFS's Clackamas Lake Campground located outside the project boundary on a non-project lake. Portland General Electric Co., 133 FERC ,T62,281, at PP 113-14 (2010). o State agency requires fishway to mitigate for alleged entrainment: In the SpringGap Stanislaus Project relicensing in California, FERC and all other state and federal land and wildlife agencies concluded from study results that fish entrainment at the Stanislaus power tunnel intake was not a significant issue. However, the state water quality agency required the measure. Construction of the fish screen cost nearly $30 million. Pac. Gas & Elec . Co., 127 FERC ,I 62,070 (2009). o Federal agencies require fish passage with limited benefits: In the ongoing relicensing of the Klamath Project in Southern Oregon and Northern California, the licensee proposed improvements to the existing fish ladder at the upstream dam and other fish passage measures. FERC staff required fish migration studies to address uncertainties about reservoir passage before requiring additional passage facilities. The Services nonetheless imposed section 18 prescriptions requiring volitional upstream and downstream fish passage, with tailrace barriers and spillway modifications. Tuey did so with no provision for passing adult fish or smolts around project reservoirs when water quality is poor or to minimize fish predation, which, FERC found, may result in substantia l morta lity and limited benefits. FERC estimated that implementation of the prescriptions would reduce the annual benefit of the project by nearly $26,000,000. NMFS also required the licensee to operate the largest development at the project in run-of-river mode, destroying its economic value and threatening the blue ribbon fishery and whitewater rafting at the impoundment. Due to the high costs of these requirements, the licensee negotiated a dam removal settlement instead of relicensing the project. Klamath FEIS at 3-258, 5-21, Project No. 2082 (Nov. 2007). 7 AMlf ll Al\ pVERSIGHT 7 CEQ050FY18091_000001640 CEQ-18-0173-F-000015 EQ-1 640 RE: FERG intervenorlanguagefor MOU From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchan ge administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Donnelly, Kellie (Energy)" Date: Tue , 16 Jan 2018 13:23:34-0500 Our OLA head Joe Lai is going to set up. From: Donnelly, Kellie (Energy) [mailto:Kellie_Don nelly@energy.senate.gov] Sent : Tuesday, January 16, 2018 11:23 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: FERCintervenor language for MOU Hi. Since you offered ... let's set up a meeting for Thursday as I'm convinced my daughter's school will be closed tomor row for the "snow." We've got a noms hear ing in the morning, but how does noon, 1 pm or 2 pm on Thurs., 1/18 look for you? From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Tuesday, January 16, 2018 11:00AM To: Donnelly, Kellie (Energy) Subject: RE: FERCintervenor language for MOU Thanks for th is. Go ahead and send the leg pieces you think might fit. I can also come up there and wa lk you and Hughes through w hat we are working on. Tomorrow or Thurs., From: Donnelly, Kellie (Energy) [mailto:Kellie Donnelly@energy.senate.gov ] Se nt : Friday, January 12 , 2018 5 :46 PM To : Herrgott, Alex H. EOP/CEQ Subject : RE: FERCintervenor language for MOU Hi Alex. It was good to speak with you the other day. Attached, please find a red-line with suggestions to your language. I've also attac hed a document I received last Congress outlining some of the problems w/ resource agency mandatory conditions. Another example I heard in March 2017 was from the Modesto Irrigat ion District (and the ir sister uti lity, the Turlock Irrigation District). In trying to relicense the Don Pedro Plant in CA, BLM was try ing to get them to pay for a $22.S mi lli on facility for a rafting operation, comp lete with an elevator! Also, NMFS is try ing to impose a "conceptua l engineering plan fo r fish passage" at Don Pedro Dam and their divers ion dam, Le Grange, at an est imated cost of $170 million. So basically, these pub lic powe r enti ties wi ll be required to spend (in additional to everyth ing else, includ ing about $50 million in stud ies to complete AMR AN PVERSIGHT 1 CEQ050FY18091_000001070 CEQ-18-0173-F-000017 the licensing process) millions of public dollars on unproven fish passage technology . These guys are on year 8 of their licensing process (which doesn't count the 2-3 years of pre-work). I recall that Idaho Power also has a te rrible story. We've got calls into them to get the information which I'll share when we have it. As you put together an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bill that could fit - hydro licensing, natural gas pipeline permitting, LNG time lines, and critical minerals (nearly all such minerals, like those needed for iphones, are currently imported from China despite the fact that we could mine for these resources in the U.S.) to name a few - that would be value-added. Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need additional information . Enjoy the long weekend! Kellie ] From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, January 10, 201 To: Donnelly, Kellie (Energy) Subject: FERCintervenor language for MOU Kellie, Do you have a couple minutes to talk about something I am working on. You are the FERCexpert. MR N PVERSIGHT 2 CEQ050FY18091_000001070 CEQ-18-0173-F-000018 RE: FERG intervenorlanguagefor MOU From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchan ge administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : "Donnelly, Kellie (Energy)" Date: Tue , 16 Jan 2018 11 :00:17 -0500 Thanks for th is. Go ahead and send the leg pieces you think might fit. I can also come up there and walk you and Hughes through what we are working on. Tomorrow or Thurs ., From:Donnelly, Kellie {Energy) [mailto:Kellie_Don nelly@energy.senate.gov] Sent : Friday, January 12, 2018 5:46 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: FERCintervenor language for MOU Hi Alex. It was good to speak with you the other day. Attached, please find a red -line with suggestions to your language. I've also attached a document I received last Congress outlining some of the problems w/ resource agency mandatory conditions . Another example I heard in March 2017 was from the Modesto Irrigation District {and their sister utility, the Turlock Irrigation District). In trying to relicense the Don Pedro Plant in CA, BLM was try ing to get them to pay for a $22.5 million facility for a rafting operation, complete with an elevator! Also, NMFS is trying to impose a "conceptual engineering plan for fish passage" at Don Pedro Dam and their diversion dam, Le Grange, at an estimated cost of $170 million . So basically, these public powe r entities will be required to spend (in additional to everyth ing else, including about $50 mill ion in studies to complete the licensing process) millions of public dollars on unproven fish passage technology. These guys are on year 8 of their licensing process (which doesn't count the 2-3 years of pre-work). I recall that Idaho Power also has a te rrible story. We've got calls into them to get the information which I'll share when we have it. As you put together an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bill that could fit - hydro licensing, natural gas pipeline permitting, LNG t ime lines, and critical minerals {nearly all such minerals, like those needed for iphones, are currently imported from China despite the fact that we could mine for these resources in the U.S.)to name a few - that would be value-added. Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need additional information. Enjoy the long weekend! Kellie AMR AN PVERSIGHT 1 CEQ050FY18091_000001075 CEQ-18-0173-F-000019 From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Wednesday, January 10, 2018 11 :03 AM To: Donnelly, Kellie (Energy) Subject: FERCintervenor language for MOU Kellie, Do you have a couple minutes to talk abou t something I am working on . You are the FERCexper t. MR N PVERSIGHT 2 CEQ050FY18091_000001075 CEQ-18-0173-F-000020 Re: FERC intervenorlanguagefor MOU From: "Donnelly , Kellie (Energy)" To: "Herrgott , Alex H. EOP/CEQ" Cc: "Enriquez , Melissa (Energy)" Date: Tue, 16 Jan 2018 13:27:40 -0500 Looping in our executive assistantMelissa so we can get this scheduled for Thurs. thanks! Sent from my iPbone On Jan 16, 2018, at 1:23 PM, Herrgott, Alex H. EOP/CEQ wrote: Our OLA head Joe Lai is going to set up . From: Donnelly, Kellie (Energy) [mailto :Kellie Donnelly@energy .senate .gov) Sent : Tuesday, January 16, 2018 11:23 AM To : Herrgott, Alex H. EOP/CEQ Subjec t: RE: FERCintervenor language for MOU Hi. Since you offered ...let's set up a meeting for Thursday as I'm convinced my daugh t er's schoo l will be closed tomorrow for t he "snow." We've got a noms hearing in the morning, but how does noon, 1 pm or 2 pm on Thurs., 1/18 Iook for you? ] From: Herrgott, Alex H. EOP/CEQ Sent : Tuesday, January 16, 2018 11:00 AM To : Donnelly, Kellie (Energy) Subj ect: RE: FERC intervenor language for MOU Thanks for this . Go ahead and send the leg pieces you t hink might fi t . I can also come up there and wa lk you and Hughes t hrough what we are working on. Tomorrow or Thurs. , From : Donnelly , Kellie (Energy) [mailto :Kellie Donnelly@e nergy .senate .gov) Sent : Friday, January 12, 2018 5 :46 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: FERCintervenor language for MOU Hi Alex. It was good t o speak with you the other day. Attached, please find a red -line with suggestions to your language. I've also attached a document I received last Congress outlining some of the problems w/ resource agency mandatory conditions. AMR AN PVERSIGHT 1 CEQ050FY18091_000001637 CEQ-18-0173-F-000021 Another examp le I heard in March 2017 was from the Modesto Irrigation Distr ict (and t heir sist er uti lity, the Turlock Irrigat ion Distric t). In try ing to relicense the Don Pedro Plant in CA, BLM was trying to get them to pay for a $22.5 million facility for a rafting operation, complete with an elevator! Also, NMFS is trying to impose a "conceptual engineering plan for fish passage" at Don Pedro Dam and their diversion dam, Le Grange, at an estimated cost of $170 million. So basically, these public power entities will be required to spend (in add itional to everything else, including about $50 million in studies to complete the licensing process) millions of public dollars on unproven fish passage techno logy. These guys are on year 8 of their licensing process (which doesn't count the 2-3 years of pre-work). I recall that Idaho Power also has a terrib le story. We've got calls into them to get the information which I' ll share when we have it . As you put togethe r an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bill that could fit - hydro licensing, natu ral gas pipeline permitting, LNG timel ines, and critical minerals (nearly all such m inerals, like those needed for iphones, are currently imported from China despite the fact that we cou ld m ine for these resources in the U.S.) to name a few - that would be value-added. Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need additional information. Enjoy the long weekend! Kellie From: Herrgott,Alex H. EOP/CEQ Sent: Wednesday,January10, 2018 11:03AM To: Donnelly,Kellie(Energy) Subject: FERCintervenorlanguagefor MOU Kellie, Do you have a couple minutes to talk about something I am working on. You are the FERCexpert. MR N PVERSIGHT 2 CEQ050FY18091_000001637 CEQ-18-0173-F-000022 RE: FERG intervenorlanguagefor MOU From: "Donne lly, Kell ie (Energy)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 16 Jan 2018 11:23:26 -0500 Hi. Since you offered ...let's set up a meeting for Thursday as I' m convinced my daughter ' s school will be closed tomorrow for the "snow. " We've got a noms hearing in the morning, but how does noon , 1 pm or 2 pm on Thurs. , 1/18 look for you? From: Herrgott, Alex H. EOP/CEQ [mai lto Sent: Tuesday, January 16, 2018 11:00 AM To: Donnelly, Kellie (Energy) Subject: RE: FERCintervenor language for MOU Thanks for th is. Go ahead and send the leg pieces you think might fit . I can also come up there and walk you and Hughes through what we are work ing on . Tomorrow or Thurs. , From:Donne lly, Kellie (Energy) fmailto:Kellie Donnelly@energy.senate .gov] Sent:Friday, January 12 , 2018 5:46 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: FERCinterveno r language for MOU Hi Alex. It was good to speak with you the other day. Attached, please find a red -line with suggestions to your language . I've also attached a document I received last Congress outlining some of the problems w/ resource agency mandatory conditions. Another example I heard in March 2017 was from the Modesto Irriga t ion District (and their sister utility, the Turlock Irrigation District) . In trying to relicense the Don Pedro Plant in CA, BLM was try ing to get them to pay for a $22.5 million facility for a rafting operation, comple te with an elevator! Also, NMFS is trying to impose a "conceptua l engineering plan fo r fish passage" at Don Pedro Dam and their diversion dam , Le Grange, at an estimatedcostof $170 million. So basically , these public powe r enti ties will be required to spend (in additional to everyth ing else, including about $50 mi llion in studies to complete the licensing process) millions of public do llars on unproven fish passage technology. These guys are on year 8 of their licensing process (which doesn 't count the 2-3 years of pre -work). I recall tha t Idaho Power also has a te rrible story . We've got calls into them to get the information which I'll share when we have it . As you put toge ther an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bill that could fit - hydro licensing, natural gas pipeline permitting , LNG timel ines, and critical minerals (nearly all such minerals , like those neede d for iphones , are curren t ly imported from AMR AN PVERSIGHT 1 CEQ050FY18091 _ 0000 02343 CEQ-18-0173-F-000023 China despite the fact that we could mine for these resources in the U.S.) to name a few - that would be value-added. Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need additional information. Enjoy the long weekend! Kellie From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, January 10, 201 To: Donnelly, Kellie (Energy) Subject: FERCintervenor language for MOU Kellie, Do you have a couple minutes to talk abou t something I am working on. You are the FERCexpert. MR N PVERSIGHT 2 CEQ050FY18091 _ 000002343 CEQ-18-0173-F-000024 Re: FERC intervenorlanguagefor MOU From: "Enriquez , Melissa (Energy)" To: "Lai, Joseph G. EOP/WHO" Cc: "Herrgott , Alex H. EOP/CEQ" Date: Wed, 17 Jan 2018 22:21:46-0500 Thank you for your prompt response. Would tomorrow at 3pm or possibly Friday a10und l-3pm work? On Jan 17, 2018, at 7:44 PM, Lai, Joseph G. EOP/WHO wrote: Melissa, ls there a lime tomorrow (Thursday) after 230pm or Friday afternoon tllal works? Joseph Lai Special Assistant to the Pres ident Legis lative Affairs The Wbj te House Mobile:- Sent frommy iPhone On Jan 17, 2018, at 6:27 PM, Enriquez, Melissa(Energy) wrote: Hello Mr . Herrgott and Mr. Lai, Following on from yo ur discussion with Kellie Donnelly, I wanted to reach out to schedu le a t ime for yo u to meet with her tomorrow . Kellie is available at noon, 1:00 pm, and 2:00 pm. If none of t hose times work , please let me know when you are available and I'm happy t o move some t hings around . Thank you! Best, AMR AN PVERSIGHT Melissa Enriquez Executive Assistant U.S. Senate Committee on Energy and Natural Resources 1 CEQ050FY18091 _ 000001631 CEQ-18-0173-F-000025 304 Dirksen Senate Office Building I Washington, D.C. 20510 phone : 202.224.4971 I fax : 202.224.6163 From : Don nelly, Kellie {Energy) Sent : Tuesday , January 16, 20 18 1:28 PM To : Herrgott , Alex H. EOP/CEQ Cc:Enrique z, Me lissa {Energy) Subject: Re: FERCint ervenor language fo r MOU Looping in our executive assistant Mel issa so we can get th is scheduled for Thurs . than ks! Sent from my iPhone On Jan 16, 2018, at 1:23 PM, Herrgott , Alex H. EOP/CEQ wrote : Our OLA head Joe Lai is going t o set up. From: Donnelly, Kellie (Ener gy) [mailto:Kellie Donnelly@energy .senate.gov ] Sent: Tuesday, January 16, 2018 11:23 AM To: Herrgott , Alex H. EOP/CEQ Subject: RE: FERC intervenor language for MOU Hi. Since you offered ...let's set up a meet ing for Thursday as I'm convi nced my daug hte r's schoo l w ill be closed tomorrow for the "snow." We 've got a noms hearing in t he morni ng, but how does noon, 1 pm or 2 pm on Thurs., 1/18 look for you? From: Herrgott, Alex H. EOP/CEQ[ mailto Sent: Tuesday, January 16, 2018 11:00 AM To: Donnelly, Kellie (Energy) Subject: RE: FERCintervenor language for MOU Thanks for this. Go ahead and send the leg pieces you th ink might fit. I can also come up there and wal k yo u and Hughes thro ugh what we are working on. Tomo rrow or Thurs., From: Donnelly, Kellie (Energy) (mailto :Kellie Donnelly@energy.senate .gov ] Sen t: Friday, January 12, 2018 5:46 PM To: Herrgott , Alex H. EOP/ CEQ Subject: RE: FERCinterve nor language for MOU AMR AN PVERSIGHT 2 CEQ050FY18091 _ 0000 01631 CEQ-18-0173-F-000026 Hi Alex. It was good to speak with you the other day. Attached, please find a red-line with suggestions to your language. I've also attached a document I received last Congress outlining some of the prob lems w/ resource agency mandatory conditions. Another example I heard in March 2017 was from the Modesto Irrigation Distr ict (and their sister utility, the Turlock Irrigation District). In trying to relicense the Don Pedro Plant in CA, BLM was trying to get them to pay for a $22.5 million facility for a raft ing operation, complete with an elevator! Also, NMFS is trying to impose a "conceptual engineering plan for fish passage" at Don Pedro Dam and thei r diversion dam, Le Grange, at an estimatedcostof $170 million.So basically, these public power entities will be required to spend (in additional to everything else, including about $50 million in studies to complete the licensing process) millions of public dollars on unproven fish passage technology. These guys are on year 8 of their licensing process (wh ich doesn't count the 2-3 years of pre-work). I recall that Idaho Power also has a terrible story. We've got calls into them to get the information which I'll share when we have it. As you put together an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bill that could fit- hydro licensing, natural gas pipeline permitting, LNGtimelines, and critical minerals (nearly all such minerals, like those needed for iphones, are currently imported from China despite the fact that we could mine for these resources in the U.S.) to name a few - tha t would be value-added . Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need additional information. Enjoy the long weekend! Kellie From: Herrgott, Alex H. EOP/CEQ rnailto Sent: Wednesday, January 10, 2018 11:03 AM To: Donnelly, Kellie (Energy) Subject: FERCintervenor language for MOU Kellie, Do you have a couple minutes to talk about something I am working on. You are the FERC expert. MR N PVERSIGHT 3 CEQ050FY18091 _ 0000 0163 1 CEQ-18-0173-F-000027 Re: FERC intervenorlanguagefor MOU From: "Lai , Joseph G. EOP/WHO" To: "Enriquez, Melissa (Energy)" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 17 Jan 201819 :43 :16-0500 Attachments: image001.jpg ( 1.28 kB) M elissa, Ts there a time tomorrow (Thursday) after 230pm or Friday aftern oon that works? Joseph Lai Special Assistant to the President Legislative Affairs The Wbite House Mobile:- Sent from my iPhone On Jan 17, 2018, at 6:27 PM, Enriquez, Melissa (Energy) wrote: Hello Mr. Her rgott and Mr. Lai, Following on from your discussion wi t h Kellie Donnel ly, I wanted to reach out to schedule a time for you to meet with her tomorrow . Kellie is available at noon, 1:00 pm, and 2:00 pm. If none of those times work, please let me know when you are availab le and I'm happy to move some things around. Thank you! Best, Melissa Enriquez Executive Assista nt U.S. Senate Committee on Energy and Natural Resources 304 Dirkse n Senate Office Building I Washington, D.C. 20510 phone:- AMR AN PVERSIGHT I fax: 202.22 4.6163 1 CEQ050FY18091_000001632 CEQ-18-0173-F-000028 From:Donnelly, Kellie (Energy) Sent : Tuesday, January 16, 2018 1:28 PM To: Herrgo tt , Alex H. EOP/CEQ Cc: Enriquez, Melissa (Energy) Subject : Re: FERCint ervenor language for MOU Looping in our execut ive assistant Me lissa so we can get this scheduled for Thurs . thanks ! Sent from my iPhone > wrote: On Jan 16, 2018, at 1:23 PM, Herrgott , Alex H. EOP/C EQ Our OLA head Joe Lai is going to set up . From: Don nelly, Kellie {Energy) [mailto:Kellie Donnelly@energy .senate .gov ] Sent : Tuesday , January 16, 2018 11:23 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: FERC inter venor language for MOU Hi. Since you offered ...let's set up a meeting for Thu rsday as I'm convinced my daughter's schoo l will be closed tomorrow for the "snow." We've got a noms hear ing in the morning, but how does noo n, 1 pm or 2 pm on Thurs., 1/18 look for you? From : Herrgott, Alex H. EOP/C EQ [mailto Sent: Tuesday,January 16, 2018 11:00 AM To: Donnelly, Kellie(Energy) Subject: RE: FERCintervenor languagefor MOU Thanks for this. Go ahead and send the leg pieces you think might fit . I can also come up there and walk you and Hughes through what we are work ing on. Tomorrow or Thurs. , From: Don nelly, Kellie {Energy) [mailto :Kellie Donnelly@energy .senate .gov l Sent : Friday, January 12, 2018 5:46 PM To: Herrgott , Alex H. EOP/CEQ Subject: RE: FERCinte rvenor language fo r MOU Hi Alex. It was good to speak with you the other day. Attached, please find a red-line with suggestions to your language. I've also attached a document I received last Congress outlining some of the prob lems w/ resource agency mandatory conditions. AMR AN PVERSIGHT 2 CEQ050FY18091_000001632 CEQ-18-0173-F-000029 Another example I heard in March 2017 was from the Modesto Irrigation District {and their sister utility, the Turlock Irrigation District). In trying to relicense the Don Pedro Plant in CA, BLM was trying to get them to pay for a $22.5 million facility for a rafting operation, complete with an elevator! Also, NMFS is trying to impose a "conceptual engineering plan for fish passage" at Don Pedro Dam and their divers ion dam, Le Grange, at an estimated cost of $170 million. So basically, these public power entities will be required to spend {in additional to everything else, including about $50 million in studies to complete the licensing process) millions of public dollars on unproven fish passage technology. These guys are on year 8 of their licensing process (which doesn't count the 2-3 years of pre-work). I recall that Idaho Power also has a terrib le story. We've got calls into them to get the informat ion which I'll share when we have it . As you put together an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bil l that could fit - hydro licensing, natural gas pipeline permitting, LNG timelines, and critical minerals {nearly all such minerals, like those needed for iphones, are currently imported from China despite the fact that we could mine for these resources in the U.S.) to name a few - that would be value-added. Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need additional information. Enjoy the long weekend! Kellie From: Herrgott,Alex H. EOP/CEQ (mailto Sent: Wednesday,January10, 2018 11:03 AM To: Donnelly, Kellie (Energy) Subject: FERCintervenorlanguagefor MOU ] Kellie, Do you have a couple minutes to talk about something I am work ing on. You are the FERCexpert. MR N PVERSIGHT 3 CEQ050FY18091_000001632 CEQ-18-0173-F-000030 CEQ-1 633 RE: FERG intervenorlanguagefor MOU From To: Date: "Enriquez, Melissa (Energy )" "Herrgott, Alex H. EOP/CEQ" "Lai, Joseph G. EOP/WHO" Wed , 17 Jan 20 18 18:27:11 -0500 Hello M r. Herrgott and Mr. Lai, Following on from your discussion wit h Kellie Donnelly, I wanted to reac h out to schedule a t ime for yo u to meet wit h her tomorrow. Kellie is available at noon, 1:00 pm, and 2:00 pm. If no ne of those times work, please let me know when you are available and I'm happy to move some thi ngs aro un d. Thank you ! Best, Melissa Enriquez Executive Assistant U.S. Senate Committee on Energy and Natural Resources 304 Dirksen Senate Offi ce Build ing I Washington, D.C. 20510 phone: 202.224.4971 I fax: 202.224.6163 From: Donne lly, Kellie {Energy) Sent : Tuesday, January 16, 20181:28 PM To: Herrgott, Alex H. EOP/CEQ Cc: Enriquez, Me lissa {Energy ) Subject: Re: FERCintervenor language for MOU Loo ping in our execut ive assistant M elissa so we can get thi s scheduled fo r Thurs. t hanks! Sent from my iPhone On Jan 16, 2018, at 1:23 PM, Herrgott, Alex H. EOP/CEQ AMR AN PVERSIGHT 1 wro te : CEQ050FY18091_000001634 CEQ-18-0173-F-000032 Our OLA head Joe Lai is going to set up. From: Donnelly, Kellie (Energy) [mailto :Kellie Donnelly@energy.senate .gov ) Sent: Tuesday, January 16, 201811:23 AM To: Herrgott, Alex H. EOP/CEQ Subject:RE: FERCintervenor language for MOU Hi. Since you offered ...let's set up a meeting for Thursday as I'm convinced my daughter's schoo l will be closed tomorrow for t he "snow." We've got a noms hearing in the morning , but how do es noon, 1 pm or 2 pm on Thurs., 1/18 look for you? ] From: Herrgott, Alex H. EOP/CEQmailto Sent: Tuesday, January 16, 2018 11:00AM To: Donnelly, Kellie (Energy) Subject: RE:FERCintervenor language for MOU Thanks for this. Go ahead and send the leg pieces you think might fit. I can also come up there and walk you and Hughes through what we are working on. Tomorrow or Thurs., From: Donnelly , Kellie {Energy) [mailto :Kellie Donnelly@energy.senate .gov) Sent: Friday, Janua ry 12, 2018 5:46 PM To: Herr gott, Alex H. EOP/CEQ Subject:RE: FERCintervenor language for MOU Hi Alex. It was good to speak with you the other day. Attached, please find a red- line with suggestions to your language. I've also attached a document I received last Congress outlining some of the problems w/ resource agency mandatory conditions. Another example I heard in March 2017 was from the Modesto Irrigation District (and their sister utility, the Turlock Irrigation District). In trying to relicense the Don Pedro Plant in CA, BLM was trying to get them to pay for a $22.5 million facility for a rafting operation, complete with an elevator! Also, NMFS is trying to impose a "conceptual engineering plan for fish passage11 at Don Pedro Dam and their diversion dam, Le Grange, at an estimated cost of $170 million. So basically, these public power entities will be required to spend (in add itional to everything else, including about $SO million in studies to complete the licensing process) millions of public dollars on unproven fish passage techno logy. These guys are on year 8 of their licensing process (which doesn't count the 2-3 years of pre-work). I recall that Idaho Power also has a terrible story. We've got calls into them to get the information which I' ll share when we have it. As you put togethe r an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bill that could fit - hydro licensing, natu ral gas pipeline permitting, LNG timeli nes, and critical minerals (nearly al l such m inerals, like those needed for iphones, are currently AMR AN PVERSIGHT 2 CEQ050FY18091_0000 01634 CEQ-18-0173-F-000033 imported from China despite the fact that we could mine for these resources in the U.S.) to name a few- t hat would be value-added . Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need addit ional information. Enjoy the long weekend! Kellie ] From: Herrgott, Alex H. EOP/CEQ mailto Sent: Wednesday, January 10, 2018 11:0 To : Donnelly, Kellie (Energy) Subject: FERCintervenor language for MOU Kellie, Do you have a couple minutes to talk about something I am working on. You are the FERCexpert. MR N PVERSIGHT 3 CEQ050FY18091_000001634 CEQ-18-0173-F-000034 RE: FERG intervenorlanguagefor MOU From: "Enriquez , Melissa (Energy)" To: "Lai, Joseph G. EOP/WHO" Cc: "Herrgott , Alex H. EOP/CEQ" Date: Thu, 18 Jan 2018 09:48:51 -0500 Excellent. You can find us in 304 Dirksen. See you soon! Melissa From: Lai, Joseph G. EOP/WHO [mailto Sent: Thursday, January 18, 2018 9:20 AM To : Enriquez, Melissa (Energy) Cc: Herrgott, Alex H. EOP/CEQ Subject : Re: FERCintervenor language for MOU 3pm today works for us. What room? Sent from my iPhone On Jan 17, 2018 , at 10:21 PM, Enriquez, Melissa (Energy ) wrote: Thank you for your prompt response. Would tomorrow at 3pm or possib ly Friday around 1-3pm work? On Jan 17, 2018, at 7 :44 PM, Lai, Joseph G. EOP/WHO wro te : Melissa, Is there a time tomorrow (Thursday) after 230pm or Friday afternoon that works? Joseph Lai Special Assistant to the President Legislative Affairs The White House Mobile: AMR AN PVERSIGHT 1 CEQ050FY18091_000001629 CEQ-18-0173-F-000035 Sent from my iPhone On Jan 17, 2018, at 6:27 PM, Enriquez , Melissa (Energy) wrote : Hello Mr. Herrgott and Mr. Lai, Following on from you r d iscussion with Kellie Donne lly, I wanted to reach out to schedu le a time for you to meet with her tomo rrow . Kellie is available at noon , 1:00 pm, and 2:00 pm. If none of those times work, please let me know when you are availab le and I'm happy to move some things around . Thank you! Best, Melissa Enriquez - I Executive Assistant U.S. Senate Committee on Energy and Natur al Resources 304 Dirksen Senat e Off ice Build ing I W ashington , D.C. 20510 p hone : f ax : 202.2 24 .6163 From: Donnelly, Kellie (Energy) Sent: Tuesday, January 16, 2018 1:28 PM To: Herrgott , Alex H. EOP/CEQ Cc:Enriquez, Melissa {Energy) Subject: Re: FERC intervenor language for MOU Looping in our executive assistant Melissa so we can get t his scheduled for Thurs . thanks! Sent from my iPhone On Jan 16, 2018, at 1:23 PM, Herrgott, Alex H. EOP/C EQ wrote: Our OLA head Joe Lai is going to set up. From: Donnelly, Kellie (Energy) [mailto :Kellie Donnelly@energy.senate .gov ] Sent: Tuesday, January 16, 2018 11:23 AM AMR AN PVERSIGHT 2 CEQ050FY18091_000001629 CEQ-18-0173-F-000036 To: Herrgott , Alex H. EOP/CEQ Subject: RE: FERCintervenor language for MOU Hi. Since you offered ...let's set up a meeting for Thursday as I'm convinced my daughter's school will be closed tomorrow fo r the "snow." We've got a noms hearing in the morning, but how does noon, 1 pm or 2 pm on Thurs., 1/18 look for you? From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday, January 16, 2018 11:00 AM To: Donnelly, Kellie (Energy) Subject: RE: FERCintervenor languagefor MOU Thanks fo r this. Go ahead and send the leg pieces you think might f it. I can also come up the re and walk you and Hughes through what we are work ing on. Tomorrow or Thurs., From:Donnelly,Kellie {Energy)[mailto:Kellie Donnelly@energy.senate.gov) Sent: Friday, January 12, 2018 5:46 PM To: Herrgott , Alex H. EOP/ CEQ Subject: RE: FERCinte rvenor language for MOU Hi Alex. It was good to speak w ith you the other day. Attached, please f ind a red-line with suggestions to your language. I've also attached a document I received last Congress outl ining some of the prob lems w/ resource agency mandatory conditions. Another example I heard in March 2017 was from the Modesto Irrigation District (and their sist er utili ty, the Turlock Irrigation Dist rict ). In trying to rel icense t he Don Pedro Plant in CA, BLM was try ing to get them to pay for a $22.5 mil lion facility for a rafting operat ion, comp lete with an elevator! Also, NMFS is trying to impose a "conceptua l engineering plan for fish passage" at Don Pedro Dam and the ir diversion dam, Le Grange, at an estimated cost of $170 million. So basically, these public power enti ties will be required to spend {in additional to everything else, includ ing about $SOmillion in st udies to comp lete the licensing process) mi llions of pub lic do llars on unproven fish passage t echno logy . These guys are on year 8 of their licens ing process (w hich doesn' t count the 2-3 years of pre-work). I recall that Idaho Power also has a t errible story. We've got calls int o them to get the information which I'll share when we have it . As you put together an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bi ll that could fit - hydro licensing, natura l gas pipe line permitting, LNG timelines, and critical minerals (nearly all such minera ls, like those needed for iphones, are currently imported from China despite the fact that we could mine for these resources in the U.S.) to name a few - that would be value-added. Thanks again for the opportunity to weigh in. Please let me know if you have any questions or if you need addit ional informa t ion. AMR AN PVERSIGHT 3 CEQ050FY18091_000001629 CEQ-18-0173-F-000037 Enjoy t he long weekend ! Kellie From: Herrgott, Alex H. EOP/CEQ [mailt Sent: Wednesday, January 10, 2018 11:03 AM To: Donnelly, Kellie (Energy) Subject: FERC intervenor language for MOU Kellie, Do you have a couple minutes to talk about someth ing I am worki ng on. You are the FERC expert. MR N PVERSIGHT 4 CEQ050FY18091_000001629 CEQ-18-0173-F-000038 Re: FERC intervenorlanguagefor MOU From: "Lai, Joseph G. EOP/WHO" To: "Enriquez , Melissa (Energy)" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 18 Jan 2018 09:19:37 -0500 3pm today works for us. What room? Sent from my iPhone On Jan 17, 2018, at 10:21PM, Enriquez, Melissa (Energy) wrote: Thank you for your prompt response. Would tomorrow at 3pm or possibly Friday around l -3pm work? On Jan 17, 2018, at 7:44 PM, Lai, Joseph G. EOP/WHO wrote: Melissa, Is there a time tomorrow(Thursday) after 230pm or Friday afternoon that works? Joseph Lai Special Assistant to the President Legislative Affairs Tbe White House Mobile:- Sent from my iPhone On Jan 17, 2018, at 6:27 PM, Enriquez, Melissa (Energy) wrote: Hello Mr. Her rgo tt and Mr . Lai, Following on f rom you r disc ussio n with Kellie Donnelly, I wanted t o reach o ut to sched ule a t ime fo r yo u t o meet with her tomo rrow . Kell ie is available at noon , 1:00 pm, and 2:00 pm. If none o f t hose time s wo rk, please let me know when you a re avai lab le a nd I'm happy to move some thi ngs around . Thank you ! AMR AN PVERSIGHT 1 CEQ050FY18091_000001630 CEQ-18-0173-F-000039 Best, Melissa Enriquez Executive Assistant U.S. Senate Committee on Energy and Natur al Resources 304 Dirksen Senate Offi ce Build ing I Washing to n, D.C. 20510 phone:- 1fax : 202.224.6163 From: Donnelly, Kellie (Energy) Sent: Tuesday , January 16, 2018 1:28 PM To: Herrgott , Alex H. EOP/CEQ Cc: Enriquez, Melissa {Energy) Subject: Re: FERCintervenor language for MOU Loo ping in ou r executive assistant Melissa so we can get t his scheduled for Thu rs. thanks! Sent from my iPhone On Jan 16, 2018, at 1:23 PM, Herrgott, Alex H. EOP/CEQ wrote: Our OLA head Joe Lai is going to set up. From: Donnelly, Kellie (Energy) [mailto :Kellie Donnelly@energy.senate .gov ) Sent: Tuesday, January 16, 2018 11:23 AM > To: Herrgott , Alex H. EOP/CEQ Subject: RE: FERCintervenor langua ge for MOU Hi. Since you offered ...let's set up a meet ing for Thursday as I'm convi nced my daughter's school will be closed tomorrow fo r t he "snow." We 've got a noms hearing in the morn ing, but how does noon, 1 pm or 2 pm on Thurs., 1/18 look for you? From: Herrgott, Alex H. EOP/CEQ[ mailto Sent: Tuesday, January 16, 2018 11:00 AM To: Donnelly, Kellie (Energy) Subject: RE: FERCintervenor languagefor MOU Thanks for thi s. Go ahead and send th e leg pieces you th ink m ight fit . I can also come up t here and walk you and Hughes thro ugh what we are work ing on . Tomorrow or Thurs., AMR AN PVERSIGHT 2 CEQ050FY18091_0000 01630 CEQ-18-0173-F-000040 From: Donnelly, Kellie {Energy) [mailto :Kellie Donnelly@energy.senate.gov ] Sent: Friday, January 12, 2018 5:46 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: FERCintervenor language for MOU Hi Alex. It was good to speak w ith you the other day. Attached, please find a red-line with suggestions to your language. I've also attached a documen t I received last Congress outlining some of the problems w/ resource agency mandatory conditions. Another example I heard in March 2017 was from the Modesto Irrigation District (and their sister utility, the Turlock Irrigation District) . In trying to relicense the Don Pedro Plant in CA, BLM was try ing to get them to pay for a $22.5 million facility for a rafting operation, complete with an elevator! Also, NMFS is trying to impose a "conceptua l engineering plan for fish passage" at Don Pedro Dam and their diversion dam, Le Grange, at an estimatedcostof $170 million.So basically, these public power entities will be required to spend (in additional to everything else, including about $50 million in studies to complete the licensing process) mi llions of pub lic dollars on unproven fish passage techno logy. These guys are on year 8 of their licensing process (which doesn't count the 2-3 years of pre-work). I recall that Idaho Power also has a terrible story. We've got calls into them to get the information which I'll share when we have it . As you put together an infrastructure package, please keep in mind the infrastructure-related provisions from our energy bill that could fit - hydro licensing, natural gas pipe line permitting, LNGtimelines, and critical minerals {nearly all such minera ls, like those needed for iphones, are currently imported from China despite the fact that we could mine for these resources in the U.S.) t o name a few- that would be value -added. Thanks again for the opportun ity to weigh in . Please let me know if you have any questions or if you need addit ional information. Enjoy the long weekend! Kellie From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Wednesday, January 10, 2018 11:03 AM To: Donnelly, Kellie (Energy) Subject: FERCintervenor language for MOU Kellie, Do you have a couple minutes to ta lk about something I am working on. You are the FERC expert. AMR AN PVERSIGHT 3 CEQ050FY18091_000001630 CEQ-18-0173-F-000041 Fwd: Help From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : murphie.barrett@mail.house.gov Date: Fri, 16 Feb 2018 16:01:40 -0500 FYI Sent from my iPhone Be gin forwarded messa ge: From: "Forbes , Andrew (Inhofe)" Date: Febmary 16, 2018 at 3 :59:02 PM EST To: "Herrgott , Alex H. EOP/CEQ" "Wright , Jennie (lnbo fe)" , "Holland, Luke (lnbofe)" Cc: "Hill enbran d, Dan (Inbofe)" Subject: RE: Helt> AMR AN PVERSIGHT 1 CEQ050FY18091_000001006 CEQ-18-0173-F-000042 From:Herrgott, Alex H. EOP/CEQ mailto : Sent: Friday, February 16, 2018 12:55 PM To: Wright, Jennie (lnhofe) ; Forbes, Andrew (lnhofe) ; Holland, Luke (lnhof e) Subject: Help Can you guys give me 1O most impor tant Rs and 1O most important Ds in senate that I need to have high level principals engage with. Perhaps reason why. Think folks that can work wit h boss . That care about infra . This list would be h elpful. Sent from my iPhone MR N PVERSIGHT 2 CEQ050FY18091_000001006 CEQ-18-0173-F-000043 Fwd: Help From: To: murphie.barrett@mail.house.gov Date: Fri, 16 Feb 201816 :01:38 -0500 FYI Sent from my iPhone Begin forwarded message: From: "Forbes , Andrew (fohofe)" Date : February 16, 2018 at 3 :59:02 PM EST To: "Herrgott , Alex H. EOP/CEQ" >, "Wright, Jennie (Inbofe)" , "Holland , Luke (Inhofe)" Cc: "Hillenbrand , Dan (Inbofe)" Subject:RE: Hel1> AMR AN PVERSIGHT 1 CEQ050FY18091_000001139 CEQ-18-0173-F-000044 From:Herrgott, Alex H. EOP/CEQ mailto: Sent:Friday, February 16, 2018 12:55 PM To:Wright, Jennie (lnhofe) ; Forbes, Andrew {lnhofe) ; Holland, Luke (lnhofe) Subject: Help Can you guys give me 10 most important Rs and 10 most important Ds in senate that I need to have high level principals engage with. Perhaps reason why. Think folks that can work with boss. That care about infra. This list would be helpful. Sent from my iPbone MR N PVERSIGHT 2 CEQ050FY18091_000001139 CEQ-18-0173-F-000045 RE: Help From "Forbes, Andrew (lnhofe)" "Herrgott , Alex H. EOP/CEQ" To: "Wright , Jennie (lnhofe)" , "Hollan d, Luke (lnhofe)" Cc: "Hillenbrand, Dan (lnhofe)" Date : Fri, 16 Feb 2018 15:59:02 -0500 1 CEQ050FY18091 _ 000002280 CEQ-18-0173-F-000046 From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Friday, February 16, 2018 12:55 PM To: Wright, Jennie {lnhofe) ; Forbes, Andrew {lnhofe) ; Holland, Luke {lnhofe) Subject: Help Can you guys give me 10 most important Rs and l O most importan t Ds in senate that I need to have high leve l principa ls engage with. Perhaps reason why. Think folks that can work with boss. That care about infra. This list would be helpful. Sent from my iPhone MR N PVERSIGHT 2 CEQ050FY18091 _ 000002280 CEQ-18-0173-F-000047 Infrastructure Calendar.2.18.18--Herrgott "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: admin istrative group (fydibohf23spdlt)/cn=recipients /cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Sturges, Matt" Date: Sun, 18 Feb 2018 17:30 :18 -0500 Attachments Infrastructure Calendar.2.18.18--Herrgott .docx (32.44 kB) Hey, Very much internal for DJ and me for planning purposed, and close Hold just for your review, but wou ld be in terested in your thoughts . In particular the other House suggested hearings. Alex MR N PVERSIGHT 1 CEQ050FY18091 _ 000000982 CEQ-18-0173-F-000048 CD ?r CO UJ OmDowom<4 2.14.18 () m 0 0 01 ,, 0 -< ..... (X) 0 co ..... 1 ? c ICAN ?)VERSIGHT (X) w CEQ-18-0173-F-000051 () m 0 0 01 ,, 0 -< ..... (X) 0 co ..... 1 ? c ICAN ?)VERSIGHT (X) w CEQ-18-0173-F-000052 () m D 0 01 ,, 0 -< ..... (X) 0 co ..... 1 ? c ICAN ?)VERSIGHT (X) w CEQ-18-0173-F-000053 FW: Infra PackageVets Hearing From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: david_cleary@alexander.senate .gov Date: Sun . 18 Feb 2018 16:57:42-0500 Cleary, Would you be open to doing a hearing in your Committee consistent wi t h the workforce section of t he Infra Proposal, sometime in March? Have a good rest of weekend. Perhaps we can discuss on Tuesday. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000000988 CEQ-18-0173-F-000054 thoughts-favor From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Barnhart, Devon(Commerce)" Date: Sun. 18 Feb 2018 16:27:00-0500 Dev, Aside from our earlier conversation about the package, as we work towards something that might be a deal, the list below is what I think would be the group we cou ld focus on with member visits, phone calls and principal interaction and the like . What do you think? Alex 1 CEQ050FY18091 _ 000000991 CEQ-18-0173-F-000055 2 CEO-1 List From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: Date: "Barrett , Murphie" , "Gosse lin , Geoff'' Sun, 18 Feb 2018 13:53:05 -0500 Thanks for chat yesterday. This is what I was looking for. I expect your list to be a little longer be of sheer numbe rs of folks we need to touch. I don't know House as well so more context on why important, othe r than my more brief notes below wou ld be very much appreciated . 1 CEQ050FY18091 _ 000000997 CEQ-18-0173-F-000057 EQ-1 1 _000000997 Re: InfrastructureCalendar.2.18.18--Herrgott From: "Sturges , Matt" To: "Herrgott, Alex H. EOP/CEQ" Date: sun , 18 Feb 2018 17:49:17 -0500 Thanks for sharing. Didn't see anything relating to house ways and means or senate finance, which is a critical piece . Do you know anything about T&I OLA lunch? Is that a staff or member lunch? From: "Herrgott, Alex H. EOP/CEQ" Date : Sunday, February 18, 2018 at 5:32 PM To: Mathew Sturges Subje ct: Infrastructure Calendar.2.18 .18--Herrgott Hey, Very much internal for DJand me for planning purposed, and close Hold just for your review, but wou ld be interested in your thoughts . In particular t he other House suggested hearings. Alex MR N PVERSIGHT 1 CEQ050FY18091 _ 000001551 CEQ-18-0173-F-000059 RE: Infrastructure Calendar.2.18.18--Herrgott From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchan ge administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8 To : "Sturges, Matt" Date: Tue , 20 Feb 2018 11:39:02 -0500 dc4dc18bb681d14e44c8e9 -he"> Than ks for th is. I created t his calendar and was just t hrowing out ideas. Noth ing is schedu led yet. Once I get th e list from Murphie + Geoff and oth ers we are putting t oget her a t arget list fo r OLA st aff lunc hes in mess on Mondays and Fridays. From:St urges, Matt [ma ilto :Ma tt.Stu rges@ma il.hous e.gov) Sent: Sunday , Februa ry 18, 2018 5:49 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastru ct ure Calendar .2.18.18--Herrgot t Thanks for sharing . Didn' t see anything relating to ho use ways and means or senate fina nce, which is a critical piece . Do you know anything about T&I OLA lunch? Is that a staff or member lunch? Alex H . EOP/CEQ" Date: Sunday, February 18, 2018 at 5 :32 PM To: Mathew Sturges Subject: Infrastructure Calendar .2 .18.18--Herrgott From: "Herrgott, Hey, Very m uch in ternal fo r DJ and me fo r planning pur posed , and close Hold ju st for you r rev iew, but wou ld be in terested in your thoughts . In particular the othe r House suggested hearings. Alex MR N PVERSIGHT 1 CEQ050FY18091 _ 000002636 CEQ-18-0173-F-000060 Incentivespilotfor transportationinfrastructure appropslanguage "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: admin istrative group (fydibohf23sp dlt)/cn=recipients /cn=45656 107f8dc4dc18bb681 d 14e44c8e9-he"> "Shahmoradi , Heideh (Appropr iations)" , To: "Hegg , Dabney (Appropriations)" , doug.disrud@ma il.house.gov. joseph.carlile@mail.house.gov Date: Wed , 2 1 Feb 2018 19:02:56 -0500 Attachments Incent ives pilot for transportation infrastructure approps language FINAL (002).docx (17.67 kB) Joe, Heideh, Dabney, and Doug, First, thank you fo r t he meeting yesterday. This is draft form of language that Kathy and the 0MB team wi ll be sending officially, but I wanted to make sure you has this as soon as possible . I very much appreciated the time yesterday . I think this program , albeit a pilot , is very good policy and worth consideration. I stand ready to be an asset t o you in any way . Alex MR N PVERSIGHT 1 CEQ050FY18091 _ 000000961 CEQ-18-0173-F-000061 TRANSPORTATION INFRASTRUCTURE INCENTIVES PILOT PROGRAM For incentiviz ing investment in transportation infrastructure, $XX,000,000,000, to remain available unti l expended, is appropriated to the Secretary of Transportation: Provided, That not more than $X,000,000 1 of the appropriated funds unde r th is head ing may be used for expenses necessary for administer ing the program: Provided further, That the Secretary shall competitively award funds appropr iated under th is heading as grants to the fo llowing eligib le appl icants : a State or a group of States; the District of Columb ia; a United States territory; a metropo litan planning organization that serves an urbanized area (as defined by the Bureau of the Census); a unit of local government or a group of local governments; a politica l subdivision of a State o r local government; a special pu r pose district or publ ic autho rity with the responsib ility for deliver ing, operat ing, or maintaining infrastructure faci lities; a non-profit entity or a group of non -profit ent it ies; a private ent ity or a group of pr ivate entit ies with a non -Federal public sponsor; a tribal government or a consort ium of t ri bal governments; o r a mu ltistate or a multiju risdict ional group of entities included in th is paragraph: Provided further, That el igible uses of funds appropriated under this head ing shall be fo r the construct ion, operation, rehabil itation, and/or maintenance of surface t ransportation infrastructure elig ible fo r assistance unde r title 23, chapter 53 of title 49 , and subtitle V of title 49 ; and airports : Provided further, That the Secretary shall solicit app licat ions for grants unde r this prog ram as soon as practicable but not later than 90 days after enactment of this program, and every 180 days thereafte r, unti l all funds are awarded : Provided further, That an applicant may not receive an award that exceeds 20 percent of the amount of new revenue, projected over an appropriate time per iod, that the applicant secures and commits for eligible uses as descr ibed under this heading : Provided further , That no individual State, when combined w ith its politica l subdivisions, shall rece ive more than 10 percent of the tota l amount of funds app ropriated under this heading: Provided further, That the Secretary and the grant recipient shall ente r into an infrastructure incent ives agreement sett ing forth prog ress m ilestones towards securing and committ ing the infrast ructure investment described in the recipient's app licat ion: Provided Further, That any agreement with incomp lete milestones after two yea rs shall be voided, except upon determ inat ion by the Secretary that good cause exists to renew the agreement for an add it ional period not to exceed one year: Provided further , That any funds avai lable from a vo ided agreement shall be re-awarded through a new applicat ion process . 1 $1SM on an assumed $68 AMERICAN pVERSIGHT 1 CEQ050FY18091_000000962 CEQ-18-0173-F-000062 Re: InfraPackageVets Hearing From: "Cleary , David (Alexander)" To : "Herrgott, Alex H. EOP/CEQ" Date: Wed , 21 Feb 2018 09:35:20 -0500 Lamar is interested if you all want. Who would testify? From: "Herrgott, Alex H. EOP/CEQ" Date: Sunday, February 18, 2018 at 4:58 PM To: David Cleary Subject: FW: Infra Package Vets Hearing Cleary, Would you be open to doing a hearing in your Committee consistent with t he workforce section of the Infra Proposal, sometime in March? Have a good rest of weekend. Perhaps we can discuss on Tuesday. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000003084 CEQ-18-0173-F-000063 favor From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: Date: "Wright, Jenn ie (lnhofe)" , andrew_forbes@inhofe .senate .gov Mon, 26 Feb 2018 16:18:03 -0500 Guys, Do you have Republican EPW LDs and LA's for infra? I am going to reach to these folks individually . Alex Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000000954 CEQ-18-0173-F-000064 Legislationwalk through From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> "Arnakis, Adrian (Commerce)" , "Nee ly, Andrew To: (Commerce)" , "Gibbons , Fern (Commerce )" , "Fuchs, Patrick (Commerce)" Date: Mon, 26 Feb 20 18 09:32 :03 -0500 Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000000956 CEQ-18-0173-F-000065 RE: Permittingcouncilmeeting From: To: Cc: Date: Attachments "Neely , Amanda (HSGAC)" "Herrgott , Alex H . EOP/CEQ" Karen Hanley - Y "Bond, Patrick (McCaskill)" , amber.levofsky@gsa.gov Mon , 26 Feb 2018 16:24:13 -0500 EDW18163_XML.DOC (29.7 kB) All, Th anks for ta king th e t ime to come to th e Hill last week. As we discussed, I've attache d a r ough draft of legis lation. We'd be grate ful for your feedback and tec hni cal ass ista nce. Thanks, Amand a Ama nda H. Nee ly General Counsel to Senator Rob Portman Deputy Chief Coun sel, Perman ent Subcommitt ee on Inv estigation s United States Senate I Amanda_Neely@HSGAC.Senate.Gov From: Herrgott, Alex H. EOP/CEQ [ma ilto Sent: Sunday, February 18, 2018 2:56 PM To: Neely, Amanda (HSGAC); Karen Hanley - Y Cc: Bond, Patrick (McCaskill); amber.levofsky@gsa.gov Subject: RE: Permitt ing council meeting I can do noon -12:45 . I have a meet ing in Rayburn at 1pm . From : Neely, Amanda {HSGAC) [mailto :Amanda Neely@hsgac .senate .gov ] Sent: Sunday, February 18, 2018 2:47 PM To: Karen Hanley- Y Cc:Herrgott, Alex H. EOP/CEQ ; amber.levofsky@gsa .gov Subject: Re: Permitting council meeting AMR AN PVERSIGHT 1 Bond, Patrick {McCaskill) CEQ050FY18091_000001535 CEQ-18-0173-F-000066 That will work for me -- Pat? Thanks! Sent from my iPbone On Feb 18, 20 18, at 2:44 PM , Ka ren Hanley - Y wrote: Hello all, I see availability on everyone's calendars I have access to from noon-I :30 on Tuesday. Does that work for you Amanda and Patrick? Karen A. Hanley Senior Environmental Policy Advisor, Federal Permjtting Improvement Steering Counc il (the Permitting Counci l) Deputy Associate Director for N EPA , Council on Environmental Quality (CEQ) Phone: On Feb 16, 2018 , at 6:24 PM , Neely , Amanda (HSGAC) wrote: Th e only da y I'm in town n ext week is Tue sda y. Can we do it tha t da y? Thank s, Amanda Amanda H. Neely Genera l Counsel to Senator Rob Port man Dep uty Chief Counsel, Per ma nent Subcomm ittee on In vestigations Un ited States Senate / Ama nd a Neely@HSGAC.Senate .Gov From: Herrgott, Alex H. EOP/CEQ [ mailto Sent: Friday, February 16, 2018 6:24 PM To: Neely, Amanda (HSGAC); Bond, Patrick (McCaskill) ] Cc: Karen Hanley - Y; amber.levofsky@gsa.gov Subject: Permitting council meeting Can we set this up for Wednesday. Amber and Karen will coordinate Thanks guys AMR AN PVERSIGHT 2 CEQ050FY18091_000001535 CEQ-18-0173-F-000067 Sent from my iPhone 3 Senate Legislative Cou nsel Draft Co py of O:\EDW\EDW 18163.X ML 1 2 3 Title: To amend the FAST Act to improve the Federal permitting process, and for other purposes. 4 6 Be it enacted by the Senate and House of Representati ves of the United States of America in Congress assembled , 7 SECTION 1. FEDERAL PERMITTING IMPROVEMENT. 5 8 (a) Repeal of Covered Project Exclusion.(I) IN GENERAL.-Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended- 9 10 (A) by striking subparagraph (B); 11 (B) by striking the paragraph designation and heading and all that follows through "The term" in subparagraph (A) in the matter preceding clause (i) and inserting the following: 12 13 14 "( 6) COVERED PROJECT-The term"; 15 16 (C) in clause (i), by striking "(i)(I) is subject to NEPA;" and inserting the following: 17 "(A)(i) is subject to NEPA;"; 18 (D) by redesignating clause (ii) as subparagraph (B) and indenting appropriately ; 19 20 (E) in subparagraph (A) (as so redesignated) , by redesignating subclauses (II) and (III) as clauses (ii) and (iii), respectively , and indenting appropriately ; and 21 22 (F) in subparagraph (B) (as so redesignated) , by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately . 23 (2) CONFORMING AMENDMENT.-Section 41003 of the FAST Act (42 U.S.C. 4370m-2) is amended by st1iking subsection (t). 24 25 26 (b) Permitt ing Timetable .-Sec tion 41003 of the FAST Act (42 U.S.C. 4370m-2) (as amended by subsection (a)(2)) is amended ( l) 27 in subsection (c)(2)(A)- (A) by striking "As part of the coordination project plan " and inserting the following : 28 29 "(i) IN GENERAL - In accordance with clause (ii) and as part of the coordinated project plan"; and 30 31 (B) by adding at the end the following: 32 "(ii) GOAL.- 33 "(I) IN GENERAL.- T o the maximum extent practicable , the permitting timetable established under clause (i) shall provide for the comp letion of the permitting proc ess within 2 years. 34 35 36 "(I I) LONGERREVIEW REQUIRED .- If the facilitating agency or lead 37 [APG] [ADJ 4:09 PM AMlf ll Al\ pVERSIGHT CEQ050FY18091_000001536 CEQ-18-0173-F-000069 Senate Legisl ative Cou nse l Draft Copy of O:\EDW\EDW18163.XML agency , as applicable , determines that the permitting process cannot be completed within 2 years, the coordinated project plan under paragraph (I) shall include- 1 2 3 "(aa) the specific reasons why the facilitating agency or lead agency , as applicab le, anticipates that the permitting process will take longer than 2 years; and 4 5 6 "(bb) the specific efforts that the facilitating agency or lead agency , as applicable , each coordinating and participating agency , the project sponsor, and any State in which the project is located will take to reduce the time needed to complete the permitting process."; and 7 8 9 10 (2) by adding at the end the following: 11 12 "(f) Facilitation of Environmental Review and Authorization Proce ss of Additional Project s.- 13 1) IN GENERAL. -In the case of a project that is not a covered project , on the request of an individual described in section 41002(b)(2)(B) or the project sponsor, the Executive Director may work with the lead agency and any cooperating or participating agency to facilitate the env ironmental review and authorization process in accordance with this subsection , includin g by"( 14 15 16 17 18 "(A) mediatin g and resolving disputes ; 19 "(B) promoting early coordination among the agencies ; and 20 "(C) taking such actions as may be established pursuant to paragraph (2). 21 22 "(2) ESTABLISHMENT OFPOLICIES.-The Executive Director , in consultation with the Director of the Office of Management and Budget and the Chair of the Counci l on Environme ntal Qual ity, may establish policies and procedur es as appropriate to carry out the facilitation under paragraph (1 ). 23 24 "(3) COOPERATIONREQUIRED.-If the Executive Director is facilitating the env ironmental review and authorization process under paragraph ( 1), the lead agency and any cooperating or participating agency shall cooperate with the Execut ive Director to the maxi mum extent practicable . 25 26 27 28 "( 4) SAVING S PROVISION. - Facilitat ion of a project by the Executive Directo r under 29 30 31 paragraph ( 1) shall not subject the project to any provisions under th is title, other than as provided in this subsection.". 32 (c) Sunset-Sec tion 41013 of the FAST Ac t (42 U.S.C. 4370m-12) is repealed. 33 (d) Technica l Correct ions.- 34 35 36 (1) Section 4100 1(5) of the FAST Act (42 U.S.C. 4370-rn(S)) is amended by strikin g "Fe deral Infrastructure Permitting Improvement Steering Council" and inserting "Federal Permitting Impro vement Steering Council". 37 38 (2) Sectio n 41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C . 4370m - l(b) (2)(A)( ii)) is amended by striking "councilmem-ber " and inserting "councilmember ". (3) Section 41005(b) of the FAST Act (42 U .S.C. 4370m-4(b)) is arnended- 39 [APG] [ADJ 4:09 PM AMlf ll Al\ pVERSIGHT 2 CEQ050FY18091_000001536 CEQ-18-0173-F-000070 Senate Legislative Co unse l Draft Co py of O:\EDW\EDW 18163.X ML (A) by striking "(l) STATE ENVIRONMENTAL DOCUMENTS; SUPPLEMENTAL 1 2 DOCUMENT S.- 3 4 (B) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively , and indenting appropriately; 5 (C) in paragraph (1) (as so redesignated), by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively , and indenting appropriatel y; 6 "; (D) in paragraph (2) (as so redesignated) , by striking "subparagraph (A)" each place it appears and inserting "paragraph ( 1)"; 7 8 (E) in paragraph (3) (as so redesignated)- 9 (i) in the matter preceding clause (i), by striking "subparagraph (A) " and inserting " paragraph (I)"; and 10 11 12 (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively , and indenting appropriately; 13 14 (F) in paragraph (4) (as so redesignated)- 15 16 (i) in the matter preceding clause (i), by striking "subparagraph (C) " and inserting " paragraph (3)"; and 17 18 (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively , and indenting appropriately ; and 19 (G) in paragraph (5) (as so redesignated)- 20 (i) by striking "s ubparagraph (A)" and inserting "paragraph (l)"; and 21 (ii) by striking " subparagraph (C)" and inserting " paragraph (3)". [APG] [ADJ 4:09 PM AM f C'Af\ pVERSIGHT 3 CEQ050FY18091_000001536 CEQ-18-0173-F-000071 RE: Legislationwalk through From: "Neely, Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 26 Feb 20 18 13:32:21 -0500 Just the fo lks on this email. Commerce majority infrastr ucture team. From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Monday, February 26, 2018 1:20 PM To: Neely, Andrew {Commerce) Subject: RE: Legislation wa lk through Sure. Who is going to in meeting. From: Neely, Andrew (Commerce) [mailto:Andrew Neely@commerce.senate.gov ] Sent: Monday, February 26, 2018 1:06 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Legislation walk through Somet hing just came up at 4 pm. Can we push it back to 430? From : Neely, Andrew {Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis, Adr ian {Commerce) ; Gibbons, Fern {Commerce ) ; Fuchs, Patrick (Commerce) Subject : RE: Legislation wa lk through Thanks, Alex. That would be great. How about 4 pm tomo rrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help . Higher Priority TA o o Flexib ility for Proj ects wit h De Minimis Federal Share Expand Quali fied Credit Assistanc e and Other Capabilities for State Infra structure Banks (Environmental) AMR AN PVERSIGHT 1 CEQ050FY18091_000001537 CEQ-18-0173-F-000072 o o o o o o o o o o o o o o o o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Determinations Performance-Based Pilot Negotiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundan.cy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the lnteragency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Av iation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000001537 CEQ-18-0173-F-000073 o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the Nat ional Historic Preservatio n Act o Re qu ire Timel ines to be Me t under the Magn u son Steve ns Ac t or Allow Agency to Procee d with Action o Reduce Uncertainty by Establish ing Motor Veh icle Emjgsioos Budgets before Requir ing In itial Transporta tion Conformi ty Determinatio ns for Newly Desig nated Areas Oth er Important Change s o o o Expan d TIFIA to Include Ports and Airports and other changes to prog ram Subsidize CRPs for RRIF Apply FAST Act Streamlining Prov isions to Ra il Proj ects and Sborten the Statute of Limitations o Curtai l Costs by A llow ing for Advance Ac quisi tion and Preservat ion of R ail Rig hts - ofWay before NEPA Is Comp lete Finance Jurisdiction, But Intere sted in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/C EQ [mailto Sent : Mond ay, February 26, 2018 9:32 AM To: Arnakis , Adrian (Commerce) ; Neely, Andre w (Commerce) ; Gibbons, Fern (Commerce) < Fern Gibbons@commerce .senate .gov >; Fuchs, Patrick (Commerce) Subject : Legislat ion walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental Quality AMR AN PVERSIGHT 3 CEQ050FY18091_000001537 CEQ-18-0173-F-000074 RE: Legislationwalk through From: "Neely, Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 26 Feb 2018 13:06:02 -0500 Somet hing just came up at 4 pm. Can we push it back t o 430? From: Neely, Andrew (Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Arnakis, Adr ian {Commerce) ; Gibbons, Fern {Commerce) ; Fuchs, Patrick (Commerce) Subject: RE: Legislation wa lk through Thanks, Alex. That would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance . We would also be interested in seeing the transformative program TA. Appreciate the help. -Higher PriorityTA o o Flexibility for Project s with De Minimis Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Estab lishes Firm Deadlines to Complete Environm ental Revi ews and Permits o Requi re a Single Env ironmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify thatAltematives Outside of the Scope of an Agency ' s Authority or Applicant's Capab ility Are Not Feasible Alternati ves o Focus the Scope of Federa l Resou rce Agency NEPA Analysis on Areas of Special Experti se or Jurisdiction o Reduce Duplication and Increase Flexib ility in Estab lish ing and Using Categorical Exclusions o Enhance lntegration of Transportation Planning and NEPA by Remo ving an Unneeded Con currence Point for Usin g Transportation Plannin g Do cum ents and Dec isions in NEP A AMR AN PVERSIGHT 1 CEQ050FY18091_000001538 CEQ-18-0173-F-000075 o o o o o o o o o o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures Authorize Federa l Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews Eliminate Duplicative Reviews of Historic Property Impacts for Transpo11ation Projects Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Determinations Performance-Based Pilot Negotiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Pennits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Perm its (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the lnteragency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the National Historic Preservation Act o Require Timelines to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action o Reduce Uncertainty by Establishing Motor Vehicle Emissions Budgets before Requiring Initial Transportation Conformity Determinations for Newly Designated Areas Other Important Changes o o o AMERll Al\ Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRlF Apply FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations pVERSIGHT 2 CEQ050FY18091_000001538 CEQ-18-0173-F-000076 o Curtail Costs by Allowing for Advance Acquisition and Preservation of Rail Rights- ofWay before NEPA ls Complete Finance Jurisdiction, But Interested in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, February 26, 2018 9:32 AM To: Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject: Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environment al Quality MR N PVERSIGHT 3 CEQ050FY18091_000001538 CEQ-18-0173-F-000077 RE: Legislationwalk through From To: "Neely , Andrew (Commerce)" "Herrgott, Alex H. EOP/CEQ" "Arnakis , Adrian (Commerce)" , "Gibbons , Fern (Commerce)" , "Fuchs , Patrick (Commerce)" Cc: Date : Mon, 26 Feb 20 18 10:55 :04 -0500 Thanks, Alex. That would be great. How about 4 pm tomo rrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help. Higher Priority TA o o Flexibility for Project s wit h De Minirnis Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmenta l) o Protec t the Environment throug h a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Perm its o Requi re a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternati ves Outside of tbe Scope of an Agency ' s Authorit y or Applicant's Capab ility Are Not Feasible Alternati ves o Focus the Scope of Federa l Resource Agency NEPA Analysis on Areas of Special Experti se or Jurisdiction o Reduce Duplication and Increa se Flexibi lity in Estab lishing and Using Categorical Exclusion s o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Conctmence Point for Using Transpo1tation Planning Documents and Dec ision s in NEPA o o o AMR Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlinin g Procedures Authorize Federa l Agen cies to Accept Funding from Non-Federa l Entities to Support Environmental and Permitting Reviews Eliminate Duplicative Revi ews of Historic Prope rty Impacts for Transportation Projects AN PVERSIGHT 1 CEQ050FY18091 _ 000001539 CEQ-18-0173-F-000078 o o o o o o o Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Detenninations Performance-Based Pilot Negotiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days Provide Ce1tainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quahty to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the Interagency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AJP Funds to Post-expenditure Audits o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the National Historic Preservation Act o Require Timeliues to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action o Reduce Uncertainty by Establishing Motor Vehicle Emissions Budgets before Requiring Initial Transportation Conformity Determinations for Newly Designated Areas Other Importa nt Changes o o o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRIF Apply FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations Curtail Costs by Allowing for Advance Acquisition and Preservation of Rail Rights- ofWay before NEPA Is Complete Fina nce Jurisdiction, But Interested in Seeing AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000001539 CEQ-18-0173-F-000079 o All of the P ABs changes From: Herrgott, Alex H. EOP/CEQ[mailto Sent : Monday, February 26, 2018 9:32 AM To: Arnakis, Adrian {Commerce} ; Neely, Andrew (Commerce} ; Gibbons, Fern {Commerce} ; Fuchs, Patrick (Commerce} Subject : Legislation walk through Gang, DJsent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental Quality MR N PVERSIGHT 3 CEQ050FY18091_000001539 CEQ-18-0173-F-000080 RE: Legislationwalk through From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Neely , Andrew (Commerce)" Date: Mon, 26 Feb 2018 13:19:36 -0500 Sure. Who is going to in meeting. From: Neely, Andrew (Commerce) [mailto:Andrew_Neely@commerce.senate.gov] Se nt : Monday, February 26, 2018 1:06 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Legislation walk through Something just came up at 4 pm. Can we push it back to 430? From: Neely, Andrew (Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis, Adr ian (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject : RE: Legislation wa lk through Thanks, Alex. That would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the t ransformative program TA. Appreciate the help . -Higher Priority TA o o Flexibility for Projects with De Minirnis Federal Share Expand Qual ified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environmen t through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits o Requi re a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002630 CEQ-18-0173-F-000081 o o o o o o o o o o o o o o Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Determinations Performance-Based Pilot Negotiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the lnteragency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the National Historic Preservation Act o Require Timel ines to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action AMERll Al\ pVERSIGHT 2 CEQ0S0FY18091_ 000002630 CEQ-18-0173-F-000082 o Reduce Uncerta inty by Establishing Motor Vehicle Emissions Budgets before Requiri ng Initial Transportation Conformity Determjnations for Newly Designated Areas Other Important Changes o o o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRIF Apply FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations Curtail Costs by Allow ing for Advance Acquisition and Preservat ion of Rail Rights- ofWay before NEPA Is Complete Finance Jurisdiction, But Interested in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/CEQ mailto : Sent : Monday, February 26, 2018 9:32 AM To: Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject: Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk abo ut these two pieces and the development of the rest of the TA. Alex Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality --MR N PVERSIGHT 3 CEQ050FY18091 _ 000002630 CEQ-18-0173-F-000083 Re: checkingin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : "Tomlinson, Adam (Capito)" Date: Tue , 27 Feb 2018 16:37:05 -0500 Thank you for that. Sent from my iPhone On Feb 27, 20 18, at 2:5 6 PM , Tomlinson , Adam (Capito) wrote : Yes sir. 4 :00 works. We are in 172 Russell From : Herrgott, Alex H. EOP/CEQ mailto Sent: Tuesday, February 27 , 2018 2:51 PM To : Tomlinson, Adam (Capito) Subject: checking in Hey Buiddy, You around to meet at 4pm for 15 or so on Infra package. Perhaps br ing your policy and com ms staffer - want to get you guys involved. Alexander Herrgott Associate Director for Infrastr ucture Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000000931 CEQ-18-0173-F-000084 Re: Legislationwalk through From: To: "Herrgott,Alex H. EOP/CEQ" Cc: "Neely, Andrew (Commerce)" Date: Tue , 27 Feb 2018 16:28:26-0500 Your office right? Sent from my iPhone rote: On Feb 27, 2018, at 10 :41 AM, Yep Seut from my iPbooe On Feb 27, 2018, at 10:37 AM, Ne ely, Andrew (Commerce) wrote: 430 stil l good for you? From: Neely, Andrew (Commerce) Sent : Monday , February 26, 2018 1:32 PM To : 'Herrgott, Alex H. EOP/CEQ' Subject : RE: Legislation walk through Just the fo lks on t his email. Comme rce majori t y infrastructu re team. From: Herrgo tt, Alex H. EOP/CEQ mailto Sent : Monday , February 26, 2018 1:20 PM To : Neely, Andrew (Commerce) Subject : RE: Legislation walk through Sure. Who is going to in meet ing. From: Neely, Andrew (Commerce) [mailto :Andrew Neely@commerce.senate .gov] Sent : Monday , February 26, 2018 1:06 PM To : Herrgott, Alex H. EOP/CEQ Subject : RE: Legislation walk through Something just came up at 4 pm . Can we push it back to 430? AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000000937 CEQ-18-0173-F-000085 From: Neely, Andrew {Commerce) Sent: Monday , February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Arnakis, Adrian (Commerce) ; Gibbons, Fern {Commerce) ; Fuchs, Patrick {Commerce) Subject: RE: Legislation walk through Thanks, Ale><.Th at would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particula rly interested in drafting assistance. We would also be inte rested in seeing the transformative program TA. Appreciate the help. -Higher o o Prioritv TA Flexibility for Projects with De Minimis Federal Share Expand Qualified Credit Assistance aod Other Capabi lities for State lnfrastrucnue Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits o Requir e a Sing le Environmental Review Document and a Single Record of D ecision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency 's Authority or Applicant 's Capability Are Not Feasible Alternatives o Focus the Scope of Federal Resour ce Agency NEPA Analysis on Areas of Spec ial Expertise or Jurisdiction o Reduce Duplication and Increase Flexibility in Establishing and Us ing Categorical Exclusions o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authoriz e All Lead Federal Agencies for Infrastructure Proj ects to Opt into Highway and Transi t Streamlin ing Procedures o Authorize Federal Agenc ies to Accept Funding from Non-Federa l Entities to Support Environmental and Pennitting Reviews o Eliminate Duplicative Reviews of Historic Property lmpact s for Transport ation Project s o Expand Department of Transportation NEPA Assignment Program to Other Agencies o Broaden NEPA Assignment Program to Include Other Determinations o Performance-Based Pilot o Negotiated Mitigation Pi lot o Limit Injunctive Relief to Exceptional Circum stances AMR AN PVERSIGHT 2 CEQ050FY18091 _ 000000937 CEQ-18-0173-F-000086 o o Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the lnteragency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the National Historic Preservation Act o Require Tirnelines to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action o Reduce Uncertainty by Establishing Motor Vehicle Emissions Budgets before Requiring Initial Transportation Conformity Determinations for Newly Designated Areas Other Important Changes o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRIF o Apply FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations o Curta il Costs by Allowing for Advance Acquisition and Preservation of Rail Rightsof-Way before NEPA Is Complete Fina nce Jurisdiction, But Interested in Seei ng o AMERICA!\ pVERSIGHT All of the P ABs changes 3 CEQ050FY18091_000000937 CEQ-18-0173-F-000087 From : Herrgott, Alex H. EOP/CEQ mailto Sent: Monday , February 26, 2018 9 :3 2 AM To: Arnakis, Ad rian (Comm erce) ; Neely, And rew {Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Pat rick (Commerce) Subject: Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the deve lopment of the rest of t he TA . Alex Alexander Herrgott Associate Director for Infra structure Council on Environmental Qual ity MR N PVERSIGHT 4 CEQ050FY18091 _ 000000937 CEQ-18-0173-F-000088 Re: checkingin From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Tomlinson, Adam (Capito)" Date: Tue , 27 Feb 2018 16:07:15 -0500 Her up front bud Sent from my iPhone On Feb 27, 2018, at 2:56 PM, Tomlinson, Adam (Capito) wrote: Yes sir. 4 :00 works . We are in 172 Russell From : Herrgott, Alex H. EOP/CEQ mailto Sent : Tuesday, February 27 , 2018 2:51 PM To : Tomlinson, Adam (Capito) Subject: checking in Hey Buiddy, You aroun d to meet at 4pm for 15 or so on Infra package. Perhaps br ing your poli cy and com ms staffer - want to get you guys involved . Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000000940 CEQ-18-0173-F-000089 checkingin From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: adam_tomlinson@capito.senate .gov Date: Tue , 27 Feb 2018 14:51:27 -0500 Hey Buiddy, You around to meet at 4pm for 15 or so on Infra package. staffer-want to get you guys involved . Perhaps bring your policy and comms Alexander Herrgott Associate Di recto r for Infrastructure Cou ncil on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000000943 CEQ-18-0173-F-000090 RE: Legislationwalk through From To: "Neely , Andrew (Commerce)" "Herrgott, Alex H. EOP/CEQ" "Arnakis , Adrian (Commerce)" , "Gibbons , Fern (Commerce)" , "Fuchs , Patrick (Commerce)" Cc: Date : Tue , 27 Feb 2018 18:17:24 -0500 Alex, thanks for the walk t hrough and apo logies again for starting late. Wou ld 11:30 am work tomorrow to continue the conversat ion? Let us know what's the best number to reach you at. From : Neely, Andrew (Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis, Adr ian (Commerce) ; Gibbons, Fern (Commerce ) ; Fuchs, Patrick (Commerce) Subject: RE: legislation walk through Thank s, Alex . That would be great . How about 4 pm tom or row in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help. - Higher Priority TA o o Flexib ility for Project s with De Minimis Federal Share Expand Qual ified Credit Assistance and Other Capabilit ies for State Infrastructure Banks (Eoviroomeotal) o Protect the Environment throug h a Struct ure that Establishes Firm Deadlines to Complete Environmental Reviews and Perm its o Require a Single Env ironmental Re view Do cument and a Sing le Record of Decision Coordinated by the Lead Agenc y AMR AN PVERSIGHT 1 CEQ050FY18091_000001526 CEQ-18-0173-F-000091 o o o o o o o o o o o o o o Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Determinations Performance-Based Pilot Negotiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the lnteragency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the National Historic Preservation Act o Require Timel ines to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000001526 CEQ-18-0173-F-000092 o Reduce Uncerta inty by Establishing Motor Vehicle Emissions Budgets before Requiri ng Initial Transportation Conformity Determjnations for Newly Designated Areas Other Important Changes o o o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRIF Apply FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations Curtail Costs by Allow ing for Advance Acquisition and Preservat ion of Rail Rights- ofWay before NEPA Is Complete Finance Jurisdiction, But Interested in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/CEQ mailto : Sent : Monday, February 26, 2018 9:32 AM To: Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject: Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk abo ut these two pieces and the development of the rest of the TA. Alex Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality --MR N PVERSIGHT 3 CEQ050FY18091_000001526 CEQ-18-0173-F-000093 RE: checkingin From: "Tomlinson , Adam (Capito )" To : "Herrgott , Alex H. EOP/CEQ" Date: Tue, 27 Feb 2018 14:56 :31 -0500 Yes sir. 4 :00 wo rks. We are in 172 Russell From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, February 27, 2018 2:51 PM To : Tomlinson, Adam {Capito ) Subject: check ing in Hey Buiddy , You around to meet at 4pm for 15 or so on Infra package. Perhaps bring your policy and comms staffer-wan t to get you guys involved . Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091_00000 1528 CEQ-18-0173-F-000094 RE: Legislationwalk through From: "Neely, Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 27 Feb 2018 10:37:1 0 -0500 430 still good for you? From : Neely, Andrew (Commerce) Se nt: Monday, February 26, 2018 1:32 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject : RE: Legislation wa lk through Just the fo lks on this email. Commerce majority infrastruc ture team. From : Herrgott, Alex H. EOP/CEQ[ mailto : Se nt : Monday, February 26, 2018 1:20 PM To: Neely, Andrew (Commerce} Subject : RE: Legislation walk through Sure. Who is going t o in meeting . From : Neely, Andrew (Commerce} [mailto :Andrew Neely@comme rce.senate .gov] Se nt : Monday, February 26, 2018 1:06 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Legislation wa lk through Something just came up at 4 pm. Can we push it back to 430? From: Neely, Andrew (Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis, Adr ian (Commerce) ; Gibbons, Fern (Commerce ) < Fern Gibbons@commerce .senate .gov >; Fuchs, Patrick (Commerce} Subject : RE: Legislation wa lk through Than ks, Alex. That would be great. How about 4 pm tomo rrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance . We would also be interested in seeing the transformative program TA. Appreciate the help . AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000001529 CEQ-18-0173-F-000095 Higher Priority TA o o Flexibility for Projects with De Minimis Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits o Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives o Focus the Scope of Federa l Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction o Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures o Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews o Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects o Expand Department of Transportation NEPA Assignment Program to Other Agencies o Broaden NEPA Assignment Program to Include Other Determinations o Performance-Based Pilot o Negotiated Mitigation Pilot o Limit Injunctive Relief to Exceptional Circumstances o Revise Statute ofLimjtations for Federal Infrastructure Permits or Decisions to 150 Days o Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional lssues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the Interagency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000001529 CEQ-18-0173-F-000096 o o o o o o o o Extend Streamlined Passenge r Faci lity Charge Process from Non-hub Airports to Small Hub Airpo rts Create More Efficient Federal Aviation Administration Oversight of Non-av iat ion Development Activities at Airports Reduce Barriers to Alternative Project Delivery for Airports Clarify Au thority for Incentive Payments under the Airport Improvement Program Move Oversight of AIP Funds to Post-expenditure Audits Increase Efficiency by Exped itjng Certa in Small Telecommu nications Equ ipment in NEPA and the Nationa l Historic Presen 1ation Act Require Timelines to be Met w1der the Magnuson Stevens Act or Allow Agency to Proceed with Action Reduce Uncertainty by Establishrng Motor Vehicle Emissions Budgets before Requirrng In itial Transportation Conformity Determinations for Newly Designated Areas Other Important Changes o o o o ExpandTIFIAto Include Portsand Airportsand otherchangesto program Subsidize CRPs fo r RR.IF Apply FAST Act Strearnlrning Provisions to Rai l Projects and Shorten the Statute of Limitations Curtai l Costs by Allowing for Advance Acquisi tion and Preservat ion of Rai l Rights- ofWay before NEPA Is Complete Finance Jurisdiction, But Int erested in Seeing o All of the PABs changes From : Herrgott, Alex H. EOP/CEQ[mailto Se nt : Monday, February 26, 2018 9:32 AM To: Arnakis, Adrian {Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject : Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex AMR AN PVERSIGHT 3 CEQ050FY18091 _ 000001529 CEQ-18-0173-F-000097 Alexander Herrgott Associate Director for Infrastructure Coun cil on Environmental MR N PVERSIGHT Quality 4 CEQ050FY18091_000001529 CEQ-18-0173-F-000098 Re: Legislationwalk through From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Neely , Andrew (Commerce)" Y ep Sent from my iPhone On Feb 27, 2018, at I0:37 AM, Neely, Andrew (Commerce) wrote: 430 sti ll good for you? From: Neely, Andrew (Commerce) Sent: Monday, February 26 , 2018 1:32 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject: RE: Legislation walk t hrough Just the folks on thi s email. Commerce major ity infrastruc t ure t eam. From: Herrgott, Alex H. EOP/CEQ [ mailto Sent: Monday, February 26, 2018 1:20 PM To: Neely, Andrew (Commerce) Sure. Who is go ing to in meeting. From: Neely, Andrew (Commerce) [ma ilto :Andrew Neely@commerce .senate .gov ] Sent : Monday, February 26, 2018 1:06 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Legislation walk t hrough Something jus t came up at 4 pm . Can we push it back t o 430? From : Neely, Andrew {Commerce) Sent: Monday, February 26, 2018 10:55 AM To : 'Herrgott, Alex H. EOP/C EQ' Cc:Arnakis , Adrian (Commerce) ; Gibbons , Fern (Commerce) ; Fuchs, Patrick {Commerce) Subject: RE: Legislation walk t hrough AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002628 CEQ-18-0173-F-000099 Thanks, Alex. That would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafti ng assistance. We would also be interested in seeing the transformative program TA. Appreciate the help. - Higher Priority TA o o Flexibility for Proje cts with De Mini.mis Federal Share Expand Qualified Credit Assistance and Other Capabilitie s for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadline s to Complete Environmental Reviews and Permit s o Require a Single Environmenta l Review Docum ent and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alterna tives Outside of the Scope of an Agency's Authorit y or Applicant's Capability Are No t Feasible Alternati ves o Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisd iction o Redu ce Dupli cation and Increase Flexibility in Establi shing and Using Categor ical Exclusions o Enhance Integration of Transportation Plannin g and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlinin g Procedures o Authoriz e Federal Agenc ies to Accept Funding from Non-Fe deral Entities to Support Environme ntal and Permitting Reviews o Elim inate Duplicative Reviews of Historic Property Impact s for Transportation Projects o Expand Departm ent of Transportation NEPA Assignment Program to Other Agencies o Broaden NEPA Assignmen t Program to Include Other Determinat ions o Performance-Based Pilot o Negotiated M itigation Pilot o Limit Injunctive Relief to Except ional Circumstances o Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days o Provide Certa inty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictiona l Issues) o Direct the Counc il on Environ mental Quality to Issue Regulations to Stream line the NEPA Process AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000002628 CEQ-18-0173-F-000100 o o o Eliminate Redundancy in EPA Reviews of Environmental Impa ct Statemen ts under Section 309 of the Clean Air Act Remove Duplica tion in the Review Process for Mitiga tion Bankin g by Eliminating the Interagency Review Team Create Incentives for Enhanced Mitigat ion (Other Policies) o Extend Streamlined Passenger Fac ility Charge Process from Non-hub Airports to Small Hub Airport s o Create More Efficient Federa l Aviation Administra tion Oversight of Non-aviation Development Activ ities at Airports o Reduce Barriers to Alterna tive Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Aud its o Increase Effic iency by Expediting Certain Small Telecommunicat ions Equipmen t in NEPA and the National Historic Pr eservation Act o o Require Timelines to be Met under the MagnusonStevens Act or Allow Agencyto Proceed wi th Action Reduce Uncertainty by Establishing Motor Vehicle Emissions Budgets before Requ iring Init ial Transportation Conformity Determinations for New ly Designated Areas Other Important Changes o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRIF o Apply FAST Act Streamlining Provisions to Rai l Projects and Shorten the Statute of Limitatio ns o Curtai l Costs by Allowing for Advance Acquisition and Preservation of Rai l Rigbtsof-Way before NEPA Is Complete Finance Jurisdiction, But Interested in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/CEQ mailto Sent:Monday, February 26, 2018 9:32 AM To:Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject: Legis latio n walk through AMR AN PVERSIGHT 3 CEQ050FY18091 _ 000002628 CEQ-18-0173-F-000101 Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental MR N PVERSIGHT Quality 4 CEQ050FY18091 _ 000002628 CEQ-18-0173-F-000102 Re: checkingin From: To: "Tomlinson , Adam (Capito)" Date: Tue, 27 Feb 2018 16:37:02 -0500 Thank you for that. Sent from my iPhone On Feb 27, 20 18, at 2:56 PM, Tomlinson , Adam (Capito) wrote : Yes sir. 4:00 works. We are in 172 Russell From: Herrgott, Alex H. EOP/CEQ [mailto Sent : Tuesday, February 27, 2018 2:51 PM To: Tomlinso n, Adam (Capito) Subject: checking in Hey Buiddy, You around to meet at 4pm for 15 or so on Infra package. Perhaps bring your policy and com ms staffer - want to get you guys involved. Alexander Herrgott Associate Director for Infrastru cture Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000002895 CEQ-18-0173-F-000103 Re: checkingin From: To: "Tomlinson , Adam (Capito)" Date: Tue, 27 Feb 2018 16:07:13 -0500 Her up front bud Sent from my iPhone On Feb 27, 20 18, at 2:56 PM, Tomlinson , Adam (Capito) wrote : Yes sir. 4:00 works. We are in 172 Russell From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday, February 27, 2018 2:51 PM To: Tomlinson, Adam (Capito) Subject: checking in Hey Buiddy, You around to meet at 4pm for 15 or so on Infra package. Perhaps bring your policy and com ms staffer - want to get you guys involved. Alexander Herrgott Associate Director for Infrastru cture Council on Environmental Quality MR N PVERSIGHT 1 CEQ050FY18091 _ 000002897 CEQ-18-0173-F-000104 Re: Legislationwalk through From: To: "Neely, Andrew (Commerce)" Date: Tue, 27 Feb 2018 10:41 :42 -0500 Yep Sent from my iPhone On Feb 27, 2018, at 10:37 AM, Neely, Andrew (Commerce) wrote: 430 sti ll good for you? From : Neely, Andre w {Commerce) Sent : Monday, February 26, 2018 1:32 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject: RE: Legislation walk through Just the folks on th is email. Commerce major ity infrastru ct ure team. From : Herrgott, Alex H. EOP/CEQ mailto Sent : Monday, February 26, 2018 1:20 PM To: Neely, Andrew (Commerce) Subject: RE: Legislation walk through Sure. Who is going to in meeting . From : Neely, Andrew (Commerce) lmailto :Andrew Neely@commerce .senate.gov ] Sent : Monday, February 26, 2018 1:06 PM To: Herrgott , Alex H. EOP/CEQ Subject : RE: Legislation walk t hrough Something just came up at 4 pm . Can we push it back to 430? From : Neely, Andrew {Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis , Adrian {Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject: RE: Legislation walk through AMR AN PVERSIGHT 1 CEQ050 FY18091 _ 000002899 CEQ-18-0173-F-000105 Thanks, Alex . That would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help. -Higher Priority TA o o Flexibility for Projects with De Minimis Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Establ ishes Firm Deadlines to Complete Environmental Reviews and Permits o Require a Single Environmenta l Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives o Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction o Reduce D uplication and Increase Flexibility in Establishing and Using Categorical Exclusions o Enhance Integration of Transportation Planni ng and NEPA by Remov ing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures o Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews o Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects o Expand Department of Transportation NEPA Assignment Program to Other Agencies o Broaden NEPA Assignment Program to Include Other Determinations o Perfonnance-Based Pilot o Negotiated Mitigation Pilot o Limit Injunctive Relief to Exceptional Circumstances o Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days o Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000002899 CEQ-18-0173-F-000106 o o o Eliminate Redundancy in EPA Reviews of Environmental Impa ct Statemen ts under Section 309 of the Clean Air Act Remove Duplica tion in the Review Process for Mitiga tion Bankin g by Eliminating the Interagency Review Team Create Incentives for Enhanced Mitigat ion (Other Policies) o Extend Streamlined Passenger Fac ility Charge Process from Non-hub Airports to Small Hub Airport s o Create More Efficient Federa l Aviation Administra tion Oversight of Non-aviation Development Activ ities at Airports o Reduce Barriers to Alterna tive Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Aud its o Increase Effic iency by Expediting Certain Small Telecommunicat ions Equipmen t in NEPA and the National Historic Pr eservation Act o o Require Timelines to be Met under the MagnusonStevens Act or Allow Agencyto Proceed wi th Action Reduce Uncertainty by Establishing Motor Vehicle Emissions Budgets before Requ iring Init ial Transportation Conformity Determinations for New ly Designated Areas Other Important Changes o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRIF o Apply FAST Act Streamlining Provisions to Rai l Projects and Shorten the Statute of Limitatio ns o Curtai l Costs by Allowing for Advance Acquisition and Preservation of Rai l Rigbtsof-Way before NEPA Is Complete Finance Jurisdiction, But Interested in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/CEQ mailto Sent:Monday, February 26, 2018 9:32 AM To:Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject: Legis latio n walk through AMR AN PVERSIGHT 3 CEQ050FY18091 _ 000002899 CEQ-18-0173-F-000107 Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental MR N PVERSIGHT Quality 4 CEQ050FY18091 _ 000002899 CEQ-18-0173-F-000108 Re: Legislationwalk through From To: "Neely , Andrew (Com merce)" "Arnakis . Adrian (Commerce)" , "Gibbons . Fern Cc: (Com merce)" , "Fuchs , Pat rick (Commerce)" Date: Wed , 28 Feb 2018 11 :38:37 -0500 Sure. Sent from my iPhone O n Feb 28, 20 18, at 11:38 A..l\, 1, Neely, Andrew (Com merce) wrote : Think we could start at 415? From: Herrgott, Alex H. EOP/CEQ mailto Sent: Wednesday , February 28, 2018 11:16 AM To: Neely, Andrew (Comm erce) Cc:Arnakis , Adr ian (Commerce) ; Gibbons , Fern {Commerce) ; Fuchs, Patrick (Commerce) Subject: Re: Legislation walk through Actually what about 4pm today . I can get the re before heideh's going away at 5 Sent from my iPhone On Feb 27, 2018, at 6:17 PM, Neely, Andrew {Commerce ) wrote: Alex, t hanks fo r t he wal kt hro ugh and apologie s again for st art ing lat e. Wo uld 1 1:30 am work t omo rr ow to cont inue t he conve rsat io n? Let us know wha t's the best number t o reach you at . From: Neely, Andrew {Commerce) Sent: Monday , February 26, 2018 10:55 AM To : 'Herrgott, Alex H. EOP/CEQ' Cc:Arnakis, Adr ian (Commerce) ; Gibbons , Fern AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002085 CEQ-18-0173-F-000109 (Commerce) ; Fuchs, Patrick (Commerce) Subject: RE: Legislation walk through Thanks, Alex. That would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help . Highe r Prioritv TA o o Flexibility for Projects with De Minimis Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmenta l Reviews and Permit s o Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives o Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction o Reduce Duplication and Increase Flexibility in Establishing and Using Categorica l Exclusions o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit StreamJinjng Procedure s o Authorize Federal Agencies to Accept Funding from Non-Federa l Entities to Support Environmental and Permitting Reviews o Eliminate Duplicative Reviews of Historic Property lmpacts for Transportation Projects o Expand Department of Transportation NEPA Assignment Program to Other Agenc ies o Broaden NEPA Assignment Program to Include Other Determinations o Performance-Based Pilot o Negotiated Mitigation Pilot o Limit Injunctive Relief to Exce ptional Circumstances o Revise Statute of Limitat ions for Federal Infrastructu re Pennits or Decisions to 150 Days o Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000002085 CEQ-18-0173-F-000110 (Environmental- Clearer Juri sdictional Issues) o Direct the Counci l on Environmental Qua lity to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Env ironmenta l Impact Statements und er Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigat ion Banking by Eliminating the Interagency Review Team o Create Incentives for Enhanced Mit igation (Other Policies) o Extend Streamlined Passenger Faci lity Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federa l Aviation Administra tion Oversight of Non-avia tion Development Activities at Airports o Reduce Barri ers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o MoveOversightof AIP Funds to Post-expenditureAudits o [ncrease Efficiency by Expediting Certain Sma ll Telecommun ications Equ ipment in NEPA and the National Histor ic Preserva tion Act o Require Timelines to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action o Reduce Uncerta inty by Establishing Motor Vehicle Emissions Budgets before Requiring [nitial Transportation Conformity Determinations for N ewly Designated Areas Other Important Changes o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRrF o App ly FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations o Curtail Costs by Allowing for Advance Acquisition and Preservation of Rail Rightsof-Way before NEPA Is Comp lete Finance Jurisdiction, But Interested in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/CEQ mai lto Sent: Monday , February 26, 201 8 9 :3 2 AM To: Arnakis, Adrian (Commerce) ; Neely, And rew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) AMR AN PVERSIGHT 3 CEQ050FY18091 _ 000002085 CEQ-18-0173-F-000111 Subject:Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the deve lopment of the rest of the TA. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 4 CEQ050FY18091 _ 000002085 CEQ-18-0173-F-000112 Re: Legislationwalk through From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Neely , Andrew (Commerce)" "Arnakis , Adrian (Commerce)" , "Gibbons . Fern Cc: (Commerce)" , "Fuchs , Patrick (Commerce)" Date: Wed , 28 Feb 2018 11 :38:37 -0500 Sure. Sent from my iPhone On Feb 28, 20 18, at 11:38 A..l\,1 , Neely, Andr ew (Commerc e) wrote : Think we could start at 415? From: Herrgott, Alex H. EOP/CEQ mailto Sent: Wednesday , February 28, 2018 11:16 AM To: Neely, Andrew (Commerce) Cc:Arnakis , Adrian (Commerce) ; Gibbons , Fern {Commerce) ; Fuchs, Patrick (Commerce) Subject: Re: Legislation walk through Actually what about 4pm today. I can get there before heideh's going away at 5 Sent from my iPhone On Feb 27, 2018 , at 6:17 PM, Neely, Andrew {Commerce) wrote: Alex, thanks for the walkthrough and apologies again for start ing late. Wou ld 11:30 am work tomorrow to continue the conversation? number to reach you at . Let us know what's the best From: Neely, Andrew {Commerce) Sent: Monday , February 26, 2018 10:55 AM To : 'Herrgott, Alex H. EOP/CEQ' Cc:Arnakis, Adrian (Commerce) ; Gibbons , Fern AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002614 CEQ-18-0173-F-000113 (Commerce) ; Fuchs, Patrick (Commerce) Subject: RE: Legislation walk through Thanks, Alex. That would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help . Highe r Prioritv TA o o Flexibility for Projects with De Minimis Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmenta l Reviews and Permit s o Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives o Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction o Reduce Duplication and Increase Flexibility in Establishing and Using Categorica l Exclusions o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit StreamJinjng Procedure s o Authorize Federal Agencies to Accept Funding from Non-Federa l Entities to Support Environmental and Permitting Reviews o Eliminate Duplicative Reviews of Historic Property lmpacts for Transportation Projects o Expand Department of Transportation NEPA Assignment Program to Other Agenc ies o Broaden NEPA Assignment Program to Include Other Determinations o Performance-Based Pilot o Negotiated Mitigation Pilot o Limit Injunctive Relief to Exce ptional Circumstances o Revise Statute of Limitat ions for Federal Infrastructu re Pennits or Decisions to 150 Days o Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000002614 CEQ-18-0173-F-000114 (Environmental- Clearer Juri sdictional Issues) o Direct the Counci l on Environmental Qua lity to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Env ironmenta l Impact Statements und er Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigat ion Banking by Eliminating the Interagency Review Team o Create Incentives for Enhanced Mit igation (Other Policies) o Extend Streamlined Passenger Faci lity Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federa l Aviation Administra tion Oversight of Non-avia tion Development Activities at Airports o Reduce Barri ers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o MoveOversightof AIP Funds to Post-expenditureAudits o [ncrease Efficiency by Expediting Certain Sma ll Telecommun ications Equ ipment in NEPA and the National Histor ic Preserva tion Act o Require Timelines to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action o Reduce Uncerta inty by Establishing Motor Vehicle Emissions Budgets before Requiring [nitial Transportation Conformity Determinations for N ewly Designated Areas Other Important Changes o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRrF o App ly FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations o Curtail Costs by Allowing for Advance Acquisition and Preservation of Rail Rightsof-Way before NEPA Is Comp lete Finance Jurisdiction, But Interested in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/CEQ mai lto Sent: Monday , February 26, 201 8 9 :3 2 AM To: Arnakis, Adrian (Commerce) ; Neely, And rew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) AMR AN PVERSIGHT 3 CEQ050FY18091 _ 000002614 CEQ-18-0173-F-000115 Subject:Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the deve lopment of the rest of the TA. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 4 CEQ050FY18091 _ 000002614 CEQ-18-0173-F-000116 Re: Legislationwalk through From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organ ization/ou=exchange administrative group (fydibohf23spdl t)/cn=recipien ts/cn=45656107f8dc4dc18bb68 1d14e44c8e9-he"> To: "Neely , Andrew (Commerce)" "Arnakis, Adrian (Commerce)" , "Gibbons , Fern (Commerce)" , "Fuchs , Patrick (Commerce)" Cc: Date : Wed , 28 Feb 2018 11: 15:53 -0500 Actually what about 4pm today. I can get there before heideh 's going away at 5 Sent frommy iPhone On Feb 27, 20 18, at 6: 17 PM, Neely, Andrew (Commerc e) wrote : Alex, t hanks for t he wa lkt hroug h and apologies again for starting late. Would 11:30 am work tomorrow to continue the conversat io n? Let us know what's the best number to reach you at. From: Neely, Andrew (Commerce) Sent: Monday, February 26, 2018 10:55 AM To: 'Herrg ott, Alex H. EOP/CEQ' Cc: Arnakis , Adrian (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject:RE: Legislation walk t hrough Thanks, Alex. That would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from t he proposal for which we would be particularly interested in drafting assistance. We would also be interes ted in seeing t he tra nsform ative program TA. Appreciate t he help. -Higher Priority TA o Flexibilityfor Projects with De MinimisFederal Share o Expand Qualified Credit Assistance and Otber Capabilities for State Infrastructur e Banks (Environmenta l) AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002621 CEQ-18-0173-F-000117 o o o o o o o o o o o o o o o o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Determinations Performance -Based Pilot Neg otiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental- Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the lnteragency Review T earn o Create Incentiv es for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improveme nt Program AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000002621 CEQ-18-0173-F-000118 o o o o Move Overs ight of AIP Funds to Post-expe nditure Audi ts Increase Efficiency by Expediti ng Certain Small Telecommunicat ions Equipment in NEPA and the National Historic Preservation Act R equire Time lines to be Met un der the Magnuson Stevens Act or Allow Agency to Proceed with Action Red uce Uncertainty by Establishing Motor Vehicle Emiss ions Budgets before Requ iring Initial Transportation Conformity Determinations for Newly Designated Areas Other Important Changes o o Expand TIFIA to Inclu de Ports and Airports and other changes to progra m Subsidize CRPs for RRIF o Apply FAST Act Streamlining Provisions to Ra il Projects and Shorten the Statute of Limitat ions o Curtail Costs by Allowing for Advance Acquisition and Preservation of Rail Rightsof-Way before NEPA Is Complete Finan ce Jurisdi ction, But Intereste d in Seeing o All of the P ABs changes From : Herrgott, Alex H. EOP/CEQ mailto Sent : Monday, February 26, 2018 9:32 AM To : Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject:Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of t he rest of the TA . Alex Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality .... AMR AN PVERSIGHT 3 CEQ050FY18091 _ 000002621 CEQ-18-0173-F-000119 Re: Legislationwalk through From To: "Neely , Andrew (Commerce)" "Arnakis . Adrian (Commerce)" , "Gibbons . Fern (Commerce)" , "Fuchs , Patrick (Commerce)" Cc: Date : Wed , 28 Feb 2018 11: 15:52 -0500 Actually what about 4pm today. I can get there before heideh 's going away at 5 Sent from my iPhone On Feb 27, 20 18, at 6: 17 PM, Nee ly, Andrew (Commerce) wrote: Alex, thanks for t he wa lkthrough and apologies again for starting late. Would 11:30 am work tomorrow to continue the conversat ion? Let us know what's the best number to reach you at. From:Neely, Andrew (Commerce) Sent: Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Arnakis , Adrian (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject:RE: Legislation walk t hrough Thanks, Alex. That would be great . How abo ut 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be partic ularly interested in drafting assistance. We would also be interes ted in seeing t he t ransformative program TA. Appreciate t he help. -Higher Priority TA o Flexibility for Projects with De Minimis Federal Share o Expand Qualified Credit Assistance and Otber Capabili ties for State Infrastructure Banks (En v ironmenta l) AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000003001 CEQ-18-0173-F-000120 o o o o o o o o o o o o o o o o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Determinations Performance -Based Pilot Neg otiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental- Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the lnteragency Review T earn o Create Incentiv es for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improveme nt Program AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000003001 CEQ-18-0173-F-000121 o o o o Move Overs ight of AIP Funds to Post-expe nditure Audi ts Increase Efficiency by Expediti ng Certain Small Telecommunicat ions Equipment in NEPA and the National Historic Preservation Act R equire Time lines to be Met un der the Magnuson Stevens Act or Allow Agency to Proceed with Action Red uce Uncertainty by Establishing Motor Vehicle Emiss ions Budgets before Requ iring Initial Transportation Conformity Determinations for Newly Designated Areas Other Important Changes o o Expand TIFIA to Inclu de Ports and Airports and other changes to progra m Subsidize CRPs for RRIF o Apply FAST Act Streamlining Provisions to Ra il Projects and Shorten the Statute of Limitat ions o Curtail Costs by Allowing for Advance Acquisition and Preservation of Rail Rightsof-Way before NEPA Is Complete Finan ce Jurisdi ction, But Intereste d in Seeing o All of the P ABs changes From : Herrgott, Alex H. EOP/CEQ mailto Sent : Monday, February 26, 2018 9:32 AM To : Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject:Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of t he rest of the TA . Alex Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality .... AMR AN PVERSIGHT 3 CEQ050FY18091 _ 000003001 CEQ-18-0173-F-000122 RE: Legislationwalk through From To: "Neely, Andrew (Commerce)" "Herrgott , Alex H. EOP/CEQ" "Arnakis, Adrian (Commerce)" , Cc: "Gibbons, Fern (Commerce)" , "Fuchs, Pat rick (Commerce)" Date: Wed , 28 Feb 2018 11 :39:26 -0500 t hanks . we wi ll be down in Hart 227 again. From: Herrgo t t, Alex H. EOP/CEQ [mailto Sent: Wednesday, February 28, 201811:39 AM To: Neely, Andrew (Commerce) Cc: Arnakis, Adrian {Commerce) ; Gibbons, Fern {Commerce} ; Fuchs, Patrick (Commerce) Subject: Re: Legislation walk through Sure. Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Neely, Andrew (Commerce) wrote: Think we could start at 415? From: Herrgott, Alex H. EOP/CEQ mailto Sent: Wednesday, February 28, 2018 11:16 AM To: Neely, Andrew (Commerce) Cc: Arnakis , Adrian (Commerce) ; Gibbons, Fern (Commerce} ; Fuchs, Patrick (Commerce) Subject: Re: Legislation walk through Actually what about 4pm today. I can get there before heideh's going away at 5 Sent from my iPhone AMR AN PVERSIGHT 1 CEQ050FY18091_000003072 CEQ-18-0173-F-000123 On Feb 27, 2018, at wrote: 6:17 PM, Neely, Andrew (Commerce) Alex, t hanks for the walkt hroug h and apologies again fo r starti ng lat e. Wou ld 11:30 am work tomorrow to cont inue t he conversatio n? Let us know what's the best number to reach you at . From: Neely, Andrew (Commerce) Sent : Monday , February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis, Adrian (Commerce) ; Gibbons , Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject : RE: Legislation walk through Thanks, Alex. That would be great. How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be inte rested in seeing the transformative program TA. Appreciate the help. Highe r Priority TA o o Flexibility for Projects with De Minimis Federal Share Expand Qualified Credjt Assistance and Other Capabilities for State Infrastru cture Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to o Complete Environmental Review s and Permit s Requir e a Single Environmental Revi ew Docum ent and a Single Record of D ecis ion Coordinated by the Lead Agency o o o o AMR Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction Reduce Duplication and Increase Flexjbility in Establishing and Using Categorical Exclusions Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projec ts to Opt into Highway and Transi t Streamlining Procedures o Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews AN PVERSIGHT 2 CEQ050FY18091_000003072 CEQ-18-0173-F-000124 o o o o o o o o Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Determinations Performance-Based Pilot Negotiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Pennits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisd ictional Issues) o Direct the Council on Environmental Qua lity to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the Interagency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the National Historic Preservation Act o Require Timelines to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action o Reduce Uncertainty by Establishing Motor Vehicle Emissions Budgets before Requiring Initial Transportation Conformity Determinations for New ly Designated Areas Other Important Changes o o AMERICA!\ Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRIF o Apply FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations pVERSIGHT 3 CEQ050FY18091_000003072 CEQ-18-0173-F-000125 o Curta il Costs by Allowing for Advance Acquisition and Preservation of Rail Rightsof-Way before NEPA ls Complete Finance Jurisdiction, But Interested in Seeing o AHof the P ABs changes From: Herrgott, Alex H. EOP/CEQ[mai lto Sent : Monday , February 26, 2018 9:32 AM To: Arnakis, Adrian (Commerce) ; Neely, And rew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject: Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the deve lopment of the rest of the TA. Alex Alexander Herrgott Associate Director for Infra structure Council on Environmental Quality MR N PVERSIGHT 4 CEQ050FY18091_000003072 CEQ-18-0173-F-000126 RE: Legislationwalk through From To: "Neely , Andrew (Commerce)" "Herrgott , Alex H. EOP/CEQ" "Arnakis , Adrian (Commerce)" , "Gibbons , Fern Cc: (Commerce)" , "Fuchs , Pat rick (Commerce)" Date: Wed , 28 Feb 2018 11:38:20 -0500 Think we could st art at 415? From: Herrgot t, Alex H. EOP/CEQ [mailto Sent : Wednesday, February 28, 201811:16 AM To: Neely, Andrew (Commerce) Cc: Arnakis, Adr ian {Commerce) ; Gibbons, Fern {Commerce } ; Fuchs, Patrick (Commerce) Subject : Re: Legislation walk through Actually what about 4pm today . I can get there before heideh's going away at 5 Sent from my iPhone On Feb 27, 2018, at 6:17 PM, Neely, Andrew (Commerce) wrote: Alex, thanks for the wa lkthrough and apologies again for starting late. Would 11:30 am work tomorrow to continue the conversat ion? Let us know what's the best number to reach you at. From: Neely, Andrew (Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis , Adrian (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject: RE: Legislation walk t hrough Thanks, Alex. That would be great. How about 4 pm tomorrow in SH 227? AMR AN PVERSIGHT 1 CEQ050FY18091_000003073 CEQ-18-0173-F-000127 We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help. Higher Priority TA o o Flexibility for Projects with De Minirnis Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits o Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency ' s Authority or Applicant's Capability Are Not Feasible Alternatives o Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction o Reduce D uplication and Increase Flexibility in Establishing and Using Categorical Exclusions o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures o Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews o Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects o Expand Department of Transportation NEPA Assignment Program to Other Agencies o Broaden NEPA Assignment Program to Include Other Determinations o Performance-Based Pilot o Negotiated Mitigation Pilot o Limit Injunctive Relief to Exceptional Circumstances o Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days o Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Perrnjts (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental QuaUty to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000003073 CEQ-18-0173-F-000128 o o Remove Duplica tion in the Review Process for Mitiga tion Banking by Eliminating the lnteragency Review T earn Create Incentives for Enhanced Mitigat ion (Other Policies) o Extend Streamlined Passenger Fac ility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federa l Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Jncentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits o Increase Efficiency by Expediting Certain Sma ll Telecommunications Equipment in NEPA and the National Historic Preservation Act o Require Timelines to be Met under the Magnuson Stevens Act or Allow Agency to Proceed with Action o Reduce Uncerta inty by Establishing Motor Vehicle Emissions Budge ts before Requiring Initial Transportation Confor mity Determinations for Newly Designated Areas Other Important Changes o o Expand TIFIA to Include Ports and Airports and other changes to program Subsidize CRPs for RRIF o Apply FAST Act Streamlining Provisions to Rail Projects and Shorten the Statute of Limitations o Curtail Costs by Allowing for Advance Acquisition and Preservation of Rai l Rightsof-Way before NEPA Is Complete Finance Jurisdiction, But Interested in Seei ng o All of the PABs changes From: Herrgott, Alex H. EOP/CEQ mailto : Sent ; Monday, February 26, 2018 9:32 AM To: Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick {Commerce) Subject: Legislation walk through Gang, AMR AN PVERSIGHT 3 CEQ050FY18091_000003073 CEQ-18-0173-F-000129 DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 4 CEQ050FY18091_000003073 CEQ-18-0173-F-000130 RE: list From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Shahmoradi , Heideh (Appropriations)" Date: Th u, 08 Mar 2018 18:38:05 -0500 No fuc kin idea From: Shahmoradi, Heideh (Appropriations) [mailto :Heideh_Shahmorad i@appro.senate .gov] Sent : Thursday , March 8, 2018 6:38 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: list How much revenue have the actions taken generated? From:Herrgott, Alex H. EOP/CEQ[mailto Sent : Thursday, March 8, 2018 5:01 PM To: Shahmoradi , Heideh (Appropriations) Subject: list So here on the ones that are new and in legislature as we speak. o Arizona is considering an increase in vehicle registration fees of $11, whic h wo uld generate $90 Million. o Arkansas is putting a constitutio nal amendment to voters that would allow for three casinos to be built, with the taxes from gambling profits going to ArDOT. Connecticut's governor announ ced a plan to raise the gas tax by 7-cents and imp lemen ted tolling tha t cou ld raise $800 Million. o AMR o Kansas is exp loring the possibility of a task force that would examine the state of Kansas' transpor tation system. o Massachusetts has created a task force to examine transpo rtation needs in the sta te, including funding & fin ancing. o The Maine DOT is push jng for an annual registration fee for h ybrid and electric vehicles, of $150 and $250 respec tively, raising $2.9 Million. AN PVERSIGHT 1 CEQ050FY18091 _ 000000484 CEQ-18-0173-F-000131 o New Hampshire is considering two bills that wouJd set a $100 annual fee on hybrid vehicles and a $200 fee on electric vehicles, which would increase if the gas tax rises o Mississippi lawmakers are weighing a 3-cent increase to the state gas tax, raising H from 18.79-cents. This would also raise the diesel tax 3-cents per year for 5 years, then indexing it to inflation, as well as fees on electric and hybrid vehicles. Altogether this would raise $325 Million. o A task force in Utah has proposed a bill that wou ld impose a $200 fee on electric vehicles. This bill also would force counties to impose local transpor tation sales taxes for transit by 2022, and allow for transportation agencies to employ value cap ture techniques near transit stations and other transportation improvements. o The Utah Senate advanced a bill out of committee that would enable tolling. o Virginia lawmakers are considering tolling heavy commercial vehicles on a stretch of 181 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 2 CEQ050FY18091 _ 000000484 CEQ-18-0173-F-000132 RE: Legislationwalk through From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Neely , Andrew (Commerce)" Date: Thu. 08 Mar 2018 18:32:21 -0500 I can get you rural runs. From: Neely, Andrew (Commerce) [mail to:Andrew_Neely@commerce.senate.gov] Se nt : Thursday , March 8, 2018 6:24 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Legislation walk through Any update on the other TA or the rural runs? Thanks From:Herrgott, Alex H. EOP/CEQ[mailto Sent : Monday, February 26, 2018 1:20 PM To: Neely, Andrew (Commerce) Subject: RE: Legislation walk through Sure. Who is going to in meeting. From: Neely, Andrew (Commerce) [mailto :Andrew Neely@comme rce.senate .gov] Sent : Monday, February 26, 2018 1:06 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Legislation walk through Someth ing just came up at 4 pm. Can we push it back t o 430? From:Neely, Andrew (Commerce) Sent : Monday , February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis, Adr ian (Commerce) ; Gibbons, Fern (Commerce ) ; Fuchs, Patrick (Commerce) Subject : RE: Legislation walk through Than ks, Alex. That would be great . How about 4 pm tomorro w in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help . AMR AN PVERSIGHT 1 CEQ050FY18091_000000847 CEQ-18-0173-F-000133 -Hig her Priority TA o o Flexibility for Projects with De Minim.is Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits o Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency ' s Authority or Applicant's Capability Are Not Feasible Alternatives o Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction o Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures o Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews o Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects o Expand Department of Transportation NEPA Assignment Program to Other Agencies o Broaden NEPA Assignment Program to Include Other Determinations o Performance-Based Pilot o Negotiated Mitigation Pilot o Limit Injunctive Relief to Exceptional Circumstances o Revise Statute of Limitations for Federal Infrastructure Penni ts or Decisions to 150 Days o Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Bankin g by Eliminating the lnteragency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000000847 CEQ-18-0173-F-000134 o o o o o o o o Extend Streamlined Passenge r Faci lity Charge Process from Non-hub Airports to Small Hub Airpo rts Create More Efficient Federal Aviation Administration Oversight of Non-av iat ion Development Activities at Airports Reduce Barriers to Alternative Project Delivery for Airports Clarify Au thority for Incentive Payments under the Airport Improvement Program Move Oversight of AIP Funds to Post-expenditure Audits Increase Efficiency by Exped itjng Certa in Small Telecommu nications Equ ipment in NEPA and the Nationa l Historic Presen 1ation Act Require Timelines to be Met w1der the Magnuson Stevens Act or Allow Agency to Proceed with Action Reduce Uncertainty by Establishrng Motor Vehicle Emissions Budgets before Requirrng In itial Transportation Conformity Determinations for Newly Designated Areas Other Important Changes o o o o ExpandTIFIAto Include Portsand Airportsand otherchangesto program Subsidize CRPs fo r RR.IF Apply FAST Act Strearnlrning Provisions to Rai l Projects and Shorten the Statute of Limitations Curtai l Costs by Allowing for Advance Acquisi tion and Preservat ion of Rai l Rights- ofWay before NEPA Is Complete Finance Jurisdiction, But Int erested in Seeing o All of the PABs changes From : Herrgott, Alex H. EOP/CEQ[mailto Se nt : Monday, February 26, 2018 9:32 AM To: Arnakis, Adrian {Commerce) ; Neely, Andrew (Commerce) ; Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject : Legislation walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex AMR AN PVERSIGHT 3 CEQ050FY18091_000000847 CEQ-18-0173-F-000135 Alexander Herrgott Associate Director for Infrastructure Coun cil on Environmental MR N PVERSIGHT Quality 4 CEQ050FY18091_000000847 CEQ-18-0173-F-000136 list "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: admin istrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Shahmoradi, Heideh (Appropriations)" Date: Thu , 08 Mar 2018 17:01 :23 -0500 Attachments New State Investment in Infrastructure Tracker.xlsx (15.44 kB) So here on the ones that are new and in legislature o Arizona is considering an increase in vehicle registration fees of $11, which would gener ate $90 Million. o Arkansas is putting a constitutional amendment to voters that would al1ow for three casinos to be built, with the taxes from gambling profits going to ArDOT. Connecticut's governor announced a plan to raise the gas tax by 7-cents and implemented tolling that could raise $800 Million. o AMR as we speak . o Kansas is exploring the possibility of a task force that would examine the state of Kansas' transpor tation system. o Massachusetts has created a task force to examine transportation needs in the sta te, including funding & financing. o The Maine DOT is push jng for an annual registration fee for hybrid and electric vehicles, of $150 and $250 respectivel y, raising $2.9 Million. o New Hampshire is considering two bills that would set a $100 annual fee on hybrid vehicle s and a $200 fee on electric vehicles, which would increase if the gas tax rises o Mississippi lawmakers are weighing a 3-cent increase to the state gas tax, raising it from 18.79-cents. This would also raise the diesel tax 3-cents per AN PVERSIGHT 1 CEQ050FY18091 _ 000000856 CEQ-18-0173-F-000137 year for 5 years, then indexing it to infla tion, as well as fees on electric and hybrid vehicles. Altogether this would raise $325 Million. o A task force in Utah has proposed a bill that would impose a $200 fee on electric vehicles. This bill also wo ul d force counties to impose local transpor tation sales taxes for transit by 2022, and allow for transportation agencies to employ value capture techniques near transi t stations and other transportation improvements. o The Utah Senate advanced a bill out of commi ttee that would enable tollin . o Virginia lawmakers are considering tolling heavy commercial vehicles on a stretch of 181 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 2 CEQ050FY18091 _ 000000856 CEQ-18-0173-F-000138 FW: CorpsTA. "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: admin istrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Dona ldson, Teri (EPW)" Date: Thu , 08 Mar 2018 13:51 :48 -0500 Attachments Draft technical language for administration infrastructure principles - ....docx (26.24 kB) From: Hobbie, David S. EOP/CEQ Sent : Tuesday, March 6, 2018 2:19 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Corps TA. Here you go From: Herrgo tt , Ale x H. EOP/C EQ Se nt : T uesday , March 6, 2018 1:4 1 PM To: Hobbie, David S. EOP/CEQ Subject : Corps TA. Can you send to me bud. Sent from my iPhone MR N PVERSIGHT 1 CEQ050FY18091 _ 000000862 CEQ-18-0173-F-000139 Army Corps - technical language for White House Legislative Outline for Infrastructure PART 2-ADDITIONAL PROVISIONS FOR INFRASTRUCTURE IMPROVEMENTS II. C.1. Expand Autho rity Related to Non-F etleral Construction aml Operation of Inl and Waterways Projects. Technical language: (a) IN GENERAL. - Section 5014 of the Water Resources Reform and Development Act of 2014 (Pub. L. 113-12 l ; 128 STAT. 1329-1332) is amended(1) by striking the phrase "a project partnership agreement" wherever that phrase appears in the section and inserting "an agreement" (or "agreement" , where appropriate) in lieu thereof ; (2) by striking the phrase "or construction (or both) " in subsection (b)(2) and inserting" , construction , rehabilitation , or operation and maintenance (or any combination thereof)" in lieu thereof ; (3) by striking subsection ( c) in its entirety; (4) by strikjng the phrase "the Secretary shall" in subsection ( d) and inserting "the Secretary may, notwithstanding any other provision of law "; (5) by striking the phrase "at least 15" in subsection (d)(l) and inserting "o ne or more" in lieu thereof ; (6) by striking the phrase "sc ope , financing , budget , design , and construction" in subsection (d)(3 );; (7) by striking the phrase "under whjch the non-Federal pilot applicant is provided full project mana gement contro l for the financing , design , or construction" in subsection (d)(4) and inserting ", under conditions deemed appropriate by the Secretary , under which the non-Federal pilot applicant assumes responsibility for the financing , design , construction , rehabilitation , or operation and maintenance " in lieu thereof ; (8) in subsection (g)( A) by striking the word "made from" and inserting "made , either in advance or on a reimbursable basis , from" in lieu thereof; (B) by striking the phrase "to the Corps of Engineers" in subsection (g)(2) and insertin g "in an energy and Water Development Appropriations Act for authorized civil functions of the Department of the Army " in lieu thereof ; (C) by striking the term "transferred" and inserting "paid " in lieu thereof ; [APG] AMERll Al\ pVERSIGHT CEQ050FY18091_000000863 CEQ-18-0173-F-000140 (D) by adding "; and" at the end thereof and adding the following new subparagraph: "(3) amounts collected pursuant to subjection (j)(2).". (9) in subsection (h)(A) by inserting "(1)" immediately before the phrase "At the request of '; (B) by inserting "technical assistance " immediately after the phrase "the Secretary may provide "; (C) by striking ", if the non-Federal pilot applicant contracts with and compensates the Secretary , technical assistance" ; (D) by striking "(l) " and "(2)" and inserting "(A) " and "(B)" in lieu thereof ; and (E) by inserting the following new paragraph and the end thereof: "(2) Any non-Federal pilot applicant that receives technical assistance under this subsection shall be responsible for the payment of all costs associated with the provisions of such assistance. "; ( 10) in subsection (i) (A) by striking ", on a project-by-project basis ," in paragraph (l)(B) ; (B) by striking "not later than I-year after the date of enactment of this section " in paragraph ( I )(C) and inserting "October 1, 2018" in lieu thereof ; and (C) by inserting "or" at the end of paragraph (2)(A); inserting a period at the end of paragraph (2)(B); and striking all that follows through the end of paragraph (2). (11) by striking" , the proposed agreement provid es" in subsection (j)(l) and inserting "a non-Federa l pilot applicant carrying out a project under this section will provide for" in lieu thereof ; (12) in subsection (k)(A) by inserting "(l) FINANCING. --" at the beginning of the subsection ; (B) by striking the phrase "the non-Federal share of '; and (C) by adding the following language as a new para graph: "(2) FEE GENERATION .(A) IN GENERAL-Notwith standin g section 4 of the River and Harbor Appropriations Act of 1884 (33 U. S.C. 5); section 1 of the Rivers and Harbor Appropriations Act of 1902 (33 U.S.C. 565) ; section 208 of the Water Resource s Development Act of 1986, as amended (33 U .S.C. 2236) , or any other provision of [APG] AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000000863 CEQ-18-0173-F-000141 law, a non-Federal pilot applicant that has the authority to impose tolls or fees may impose tolls or fees on third parties that derive a direct benefit from a project carried out under this section. The amount of such tolls and fees may be determined by the nonFederal pilot applicant. (B) COLLECTION AND RETENTION.-Amounts generated under subparagraph (A) of this subsection shall be collected by the non-Federal pilot applicant and retained solely for use by the non-Federal pilot applicant to defray its costs associated with carrying out a project under this section. "; (13) by striking the language that appears in subsection (1) in its entirety and inserting the following in lieu thereof: "(l) LONG TERM CONTRACTING AUTHORITY - The Secretary may enter into contracts that may , notwithstanding any other provision of law and solely for the purpose of carrying out the pilot program established pursuant to this section, be for a period oftime of up to 50 years. "; (14) in subsection (n) by striking " 3" and inserting " 5" in lieu thereof and inserting "progress" immediately before the word "report" ; and (15) by inserting the following new subsections at the end thereof: "(o) AUTHORIZATION OF APPROPRIATIONS. - There is authorized to be appropriated for each fiscal year for fiscal years 2018 through 2027 _ to cover the administrative costs incurred by the up to $__ Secretary in carrying out this section. (p) NON-AVAILABILITY OF APPROPRJA TED FUNDS.Notwithstanding any other provision of law , no appropriated funds may be used to defray any costs incurred by a non-Federal pilot applicant associated with carrying out a project under this section. (q) SUNSET PROVISION.-A project may be carried out under this section only if a non-Federal pilot applicant bas entered into an agreement as provided for in subsect ion (c)(4) on or before October 1, 2027. " . (b) CONFORMING AMENDMENTS .(!) Subsections (d) through (o) are re-designated as subsections (c) through (n); and (2) References to subsection (d)(l) or subsection (d)(4) are stricken wherever such references appear throughout the section and replaced by references to subsection (c)( 1) or subsection ( c)(4) , as appropriate. [APG] AMERICA!\ pVERSIGHT 3 CEQ050FY18091_000000863 CEQ-18-0173-F-000142 11.D. 1 Authorize User Fee Collection To: "Herrgott, Alex H . EOP/CEQ" Date: Thu, 08 Mar 2018 18:37 :34 -0500 How muc h revenue have the actions tak en genera ted? From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Thursday, March 8, 2018 5:01 PM To : Shahmoradi, Heideh {Appropriations) So here on the ones that are new and in legislature as we speak . o Arizona is considering an increase in vehicle registration fees of $11, which wou ld generate $90 Million. o Arkansas is putting a constitutional amendment to voters that would allow for three casino s to be built, with the taxe s from gambling profits going to Ar DOT. Connecticut's governor announced a plan to raise the gas tax by 7-cents and implemented tolling that could raise $800 Million. o AMR o Kansas is exploring the possibility of a task force that wou ld examine the state of Kansas' transportation sys tem. o Massachusetts has crea ted a task force to examine tran spor tation needs in th e state, including fund ing & financing. o The Maine DOT is pushing for an annual reg istration fee for hybrid and electric vehicle s, of $150 and $250 respec tively, raising $2.9 Million. o New Hampshire is considering two bills that would set a $100 annual fee on hybrid vehicles and a $200 fee on electric vehicles, which would in crease if the gas tax rises o Mississippi lawmakers are weighing a 3-cent in crease to the state gas tax, raising it from 18.79-cents. This would also raise the diesel tax 3-cen ts per AN PVERSIGHT 1 CEQ050FY18091 _ 000001495 CEQ-18-0173-F-000149 year for 5 years, then indexing it to inflation, as well as fees on electric and hybrid vehicles. Altogether this wou ld raise $325 Million. o A task force in Utah has proposed a bill that wou ld impose a $200 fee on electric vehicles. This bill also wo uld force counties to impose local transportation sales taxes for transit by 2022, and allow for transportation agencies to employ value capture techniques near transit stations and other transportation improvements. o The Utah Senate advanced a bill out of commit tee that would enable tolling. o Virginia lawmakers are considering tolling heavy commercial vehicles on a stretch of 181 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 2 CEQ050FY18091 _ 000001495 CEQ-18-0173-F-000150 RE: Legislationwalk through From: "Neely, Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 08 Mar 2018 19:58:15 -0500 Thanks. The TA would be most helpful. From : Herrgott, Alex H. EOP/CEQ[mailto Sent : Thursday , March 8, 2018 6:32 PM To: Neely, Andrew (Comme rce) Subject: RE: Legislation walk through I can get you rural runs . From : Neely, Andrew (Commerce) [mailto:Andrew Neely@commerce.senate.gov ] Sent: Thursday , March 8, 2018 6:24 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Legislation walk through Any update on the othe r TA or the rural runs? Thanks From : Herrgott, Alex H. EOP/CEQ [mai lto : Sent : Monday, February 26, 2018 1:20 PM To: Neely, Andrew (Commerce) Subject: RE: Legislation wa lk through Sure. Who is going to in meeting . From: Neely, Andrew (Commerce) [mailto :Andrew Neely@commerce .senate .gov] Sent : Monday, February 26, 2018 1:06 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Legislation walk through Something just came up at 4 pm. Can we push it back t o 4307 From:Neely, Andrew (Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Arnakis, Adr ian (Commerce) ; Gibbons, Fern (Commerce ) ; Fuchs, Patrick (Commerce) Subject : RE: Legislation walk through AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002267 CEQ-18-0173-F-000151 Thanks, Alex. That wo uld be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help. - Higher Priority TA o o Flexibility for Projects with De Minimis Federal Share Expand Qualified Credit Assistance and Other Capabilities for State Infrastructure Banks (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits o Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capabi lity Are Not Feasible Alternatives o Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction o Reduce Dupl ication and Increase Flexib ility in Establishing and Using Categorical Exclusions o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures o Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews o Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects o Expand Department of Transportation NEPA Assignment Program to Other Agencies o Broaden NEPA Assignment Program to Include Other Detenninations o Performance-Based Pilot o Negotiated Mitigation Pilot o Limit Injunctive Relief to Exceptional Circumstances o Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days o Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000002267 CEQ-18-0173-F-000152 o o o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Sect ion 309 of the Clean Air Act Remove Duplication in the Review Process for Mitigation Banking by Eliminating the Interagency Review Team Create Incentives for Enhanced Mitigat ion (Other Policies) o Exte nd Streamlined Passenger Fac iLity Charge Process from Non-bub Airports to Small Hub Airport s o Create More Efficient Federal Aviat ion Administration Oversight of Non-aviat ion Development Act ivities at Airports o Reduce Barriers to Alternative Project Delivery for Airpo rts o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AJP Funds to Post-expenditure Audi ts o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the Nationa l Historic Preservation Act o o RequireTimelines to be Met under the Magnuson StevensAct or Allow Agencyto Proceed with Action Reduce Uncertainty by Estab lishing Motor Vehicle Emissions Budgets before Requ iring In itial Transportation Conformity Determinations for Newly Designated Areas Other Important Changes o o o o Expand TlFIA to Include Ports and Airports and othe r changes to program Subsidize CRPs for RRIF Apply FAST Act Stream lining Prov isions to Ra il Projects and Shorten the Statute of Limitations Curtail Costs by Allowing for Advance Acquisition and Preservat ion of Rail Rights- ofWay before NEPA Is Complete Finance Jurisdiction, But Interested in Seeing o All of the PABs changes From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, February 26, 2018 9:32 AM To: Arnakis, Adrian (Commerce) ; Neely, Andrew (Commerce) ; Gibbons , Fern (Commerce) ; Fuchs, Patrick (Commerce) Subject : Legislation walk through Gang, AMR AN PVERSIGHT 3 CEQ050FY18091 _ 000002267 CEQ-18-0173-F-000153 DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 4 CEQ050FY18091 _ 000002267 CEQ-18-0173-F-000154 RE: Legislationwalk through From: "Neely, Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 08 Mar 2018 18:24:26 -0500 Any update on t he othe r TA or the rural runs? Thanks From : Herrgott, Alex H. EOP/CEQ [mailto Sent : Monday, February 26, 2018 1:20 PM To: Neely, Andrew {Commerce) Subject: RE: Legislation walk through Sure. Who is going to in meeting. From: Neely, Andrew (Commerce) [mailto:Andrew Neely@commerce.senate.gov ] Sent: Monday, February 26, 2018 1:06 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Legislation walk through Somet hing just came up at 4 pm. Can we push it back to 430? From : Neely, Andrew {Commerce) Sent : Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Arnakis, Adr ian {Commerce) ; Gibbons, Fern {Commerce ) ; Fuchs, Patrick (Commerce) Subject : RE: Legislation walk through Thanks, Alex. That would be great. How about 4 pm tomo rrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistance. We would also be interested in seeing the transformative program TA. Appreciate the help . Higher Priority TA o o Flexib ility for Proj ects wit h De Minimis Federal Share Expand Quali fied Credit Assistanc e and Other Capabilities for State Infra structure Banks (Environmental) AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002269 CEQ-18-0173-F-000155 o o o o o o o o o o o o o o o o Protect the Environment through a Structure that Establishes Firm Deadlines to Complete Environmental Reviews and Permits Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives Focus the Scope of Federal Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects Expand Department of Transportation NEPA Assignment Program to Other Agencies Broaden NEPA Assignment Program to Include Other Determinations Performance-Based Pilot Negotiated Mitigation Pilot Limit Injunctive Relief to Exceptional Circumstances Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmental - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundan.cy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the lnteragency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Av iation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000002269 CEQ-18-0173-F-000156 o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the Nat ional Historic Preservatio n Act o Re qu ire Timel ines to be Me t under the Magn u son Steve ns Ac t or Allow Agency to Procee d with Action o Reduce Uncertainty by Establish ing Motor Veh icle Emjgsioos Budgets before Requir ing In itial Transporta tion Conformi ty Determinatio ns for Newly Desig nated Areas Oth er Important Change s o o o Expan d TIFIA to Include Ports and Airports and other changes to prog ram Subsidize CRPs for RRIF Apply FAST Act Streamlining Prov isions to Ra il Proj ects and Sborten the Statute of Limitations o Curtai l Costs by A llow ing for Advance Ac quisi tion and Preservat ion of R ail Rig hts - ofWay before NEPA Is Comp lete Finance Jurisdiction, But Intere sted in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/C EQ [mailto Sent : Mond ay, February 26, 2018 9:32 AM To: Arnakis , Adrian (Commerce) ; Neely, Andre w (Commerce) ; Gibbons, Fern (Commerce) < Fern Gibbons@commerce .senate .gov >; Fuchs, Patrick (Commerce) Subject : Legislat ion walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental Quality AMR AN PVERSIGHT 3 CEQ050 FY18091 _ 000002269 CEQ-18-0173-F-000157 RE: Hearingsnextweek--prettyplease. From: "Neely, Andrew (Commerce )" To: "Herrgott, Alex H. EOP/CEQ" Date: Th u, 08 Mar 2018 18:22:55 -0500 Here are our subcmte hea rin gs next week. We got ou r last w itness today for t he surface hear ing - Mr. Dan Gilmart in {M ichigan NLC memb er) Tuesday, March 13, 2018 , hearing of the Subcommit tee on Commun ications, Technology Innovation, and the Internet (Sen. Wicke r, chairman): Rebuilding Infrastructure in Ameri ca: Investing in Next Generation Broadband Witnesses : o The Honorab le Gary Resnick, Mayor, City of Wilto n Manors, Fla. o Mr . Steve Berry, Chief Execut ive Off icer, Competitive Carriers Associatio n o Mr. Bob DeBroux, Vice President of Regulatory Affairs, TDS Telecom o Mr. Brad Gillen, Executive Vice President, CTIA- The Wire less Association o Mr. Mike Romano, Senior Vice President for Policy, NTCA- The Rural Broadband Association Hearing Details: Tuesday, Marc h 13, 2018 10:00 a.m. Subcommittee on Communications, Technology Innovat ion, and the Internet Russell Senate Office Buil ding, Room 253 ************* Tuesday, March 13, 2018 , hearing of the Subcommittee on Surface Transportation and Merchant Marine Infra structure , Safety, and Security (Sen. Fischer, chairman): Rebuilding Infr astructure in America : State and Local Transportation Needs Witnesses : o Mr. Kyle Schneweis, Director, Nebraska Depart ment of Transpor tat ion o Mr. Dan Gilmartin, Executive Director and Chief Executive Off icer M ichigan Municipal League and Member of the Nationa l League of Cities o Mr. Jordan Kass, President, Managed Services, TMC Division, C.H. Robinson o Ms. Jo Strang, Senior Vice President, Safety and Regulatory Policy, American Short Line and Regional Railroad Association Hearing Details: Tuesday, March 13, 2018 2:30 p.m. Subcommittee on Surface Transporta t ion and Merchant Marine Infrastructure, Safety, and Security Russell Senate Office Building, Room 253 ************* AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000003041 CEQ-18-0173-F-000158 Wi t ness lists are subjec t to change. Witness testimony, opening st atements, and a live video of the hearing w ill be available on >www.commerce.senate.gov<. NOTE: Added Mr. Dan Gilmartin to the wi t ness list for Tuesday's subcomm ittee hearing on 3/8/18 From: Herrgott, Alex H. EOP/CEQ [mailto Sent : Thursday, March 8, 2018 5:13 PM To: Arnakis, Adrian (Commerce) Cc: Nee ly, Andrew (Commerce) ; Fuchs, Patrick (Commerce) Subject : Hearings next week--pretty please. Witness list for next week's Tuesday hearings-do figure out comms and working with folks you have one you can share confidentially. Trying to Alexander l=lerrgott Associate Director for Infrastructure Council on Environmental Quality MR N PVERSIGHT 2 CEQ050FY18091 _ 000003041 CEQ-18-0173-F-000159 Fwd: CorpsTA. "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization/ou=exchange From: admin istrative group (fydibohf23spdlt)/cn=recipients/cn=45656 107f8dc4dc18bb681 d 14e44c8e9-he"> To: walker.barrett@mail.house .gov Date: Fri, 09 Mar 201816 :27:43 -0500 Attachments Draft technical language for administration infrastructure principles - ....docx (26.24 kB) Sent from my iPhone Begin forwarded mess age : From: "Hobbie, David S. EOP/CEQ" Date: March 6, 2018 at 2: 18:57PM EST To: "Herrgott, Alex H. EOP/CEQ" Subject: RE: Corps TA. Here you go From : Herrgott, Alex H. EOP/CEQ Sent : Tuesday, March 6, 2018 1:41 PM To: Hobbie , David S. EOP/CEQ Subject : Corps TA. Can you send to me bud. Sent from my iPhone MR N PVERSIGHT 1 CEQ050FY18091 _ 000000829 CEQ-18-0173-F-000160 Army Corps - technical language for White House Legislative Outline for Infrastructure PART 2-ADDITIONAL PROVISIONS FOR INFRASTRUCTURE IMPROVEMENTS II. C.1. Expand Autho rity Related to Non-F etleral Construction aml Operation of Inl and Waterways Projects. Technical language: (a) IN GENERAL. - Section 5014 of the Water Resources Reform and Development Act of 2014 (Pub. L. 113-12 l ; 128 STAT. 1329-1332) is amended(1) by striking the phrase "a project partnership agreement" wherever that phrase appears in the section and inserting "an agreement" (or "agreement" , where appropriate) in lieu thereof ; (2) by striking the phrase "or construction (or both) " in subsection (b)(2) and inserting" , construction , rehabilitation , or operation and maintenance (or any combination thereof)" in lieu thereof ; (3) by striking subsection ( c) in its entirety; (4) by strikjng the phrase "the Secretary shall" in subsection ( d) and inserting "the Secretary may, notwithstanding any other provision of law "; (5) by striking the phrase "at least 15" in subsection (d)(l) and inserting "o ne or more" in lieu thereof ; (6) by striking the phrase "sc ope , financing , budget , design , and construction" in subsection (d)(3 );; (7) by striking the phrase "under whjch the non-Federal pilot applicant is provided full project mana gement contro l for the financing , design , or construction" in subsection (d)(4) and inserting ", under conditions deemed appropriate by the Secretary , under which the non-Federal pilot applicant assumes responsibility for the financing , design , construction , rehabilitation , or operation and maintenance " in lieu thereof ; (8) in subsection (g)( A) by striking the word "made from" and inserting "made , either in advance or on a reimbursable basis , from" in lieu thereof; (B) by striking the phrase "to the Corps of Engineers" in subsection (g)(2) and insertin g "in an energy and Water Development Appropriations Act for authorized civil functions of the Department of the Army " in lieu thereof ; (C) by striking the term "transferred" and inserting "paid " in lieu thereof ; [APG] AMERll Al\ pVERSIGHT CEQ050FY18091_000000830 CEQ-18-0173-F-000161 (D) by adding "; and" at the end thereof and adding the following new subparagraph: "(3) amounts collected pursuant to subjection (j)(2).". (9) in subsection (h)(A) by inserting "(1)" immediately before the phrase "At the request of '; (B) by inserting "technical assistance " immediately after the phrase "the Secretary may provide "; (C) by striking ", if the non-Federal pilot applicant contracts with and compensates the Secretary , technical assistance" ; (D) by striking "(l) " and "(2)" and inserting "(A) " and "(B)" in lieu thereof ; and (E) by inserting the following new paragraph and the end thereof: "(2) Any non-Federal pilot applicant that receives technical assistance under this subsection shall be responsible for the payment of all costs associated with the provisions of such assistance. "; ( 10) in subsection (i) (A) by striking ", on a project-by-project basis ," in paragraph (l)(B) ; (B) by striking "not later than I-year after the date of enactment of this section " in paragraph ( I )(C) and inserting "October 1, 2018" in lieu thereof ; and (C) by inserting "or" at the end of paragraph (2)(A); inserting a period at the end of paragraph (2)(B); and striking all that follows through the end of paragraph (2). (11) by striking" , the proposed agreement provid es" in subsection (j)(l) and inserting "a non-Federa l pilot applicant carrying out a project under this section will provide for" in lieu thereof ; (12) in subsection (k)(A) by inserting "(l) FINANCING. --" at the beginning of the subsection ; (B) by striking the phrase "the non-Federal share of '; and (C) by adding the following language as a new para graph: "(2) FEE GENERATION .(A) IN GENERAL-Notwith standin g section 4 of the River and Harbor Appropriations Act of 1884 (33 U. S.C. 5); section 1 of the Rivers and Harbor Appropriations Act of 1902 (33 U.S.C. 565) ; section 208 of the Water Resource s Development Act of 1986, as amended (33 U .S.C. 2236) , or any other provision of [APG] AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000000830 CEQ-18-0173-F-000162 law, a non-Federal pilot applicant that has the authority to impose tolls or fees may impose tolls or fees on third parties that derive a direct benefit from a project carried out under this section. The amount of such tolls and fees may be determined by the nonFederal pilot applicant. (B) COLLECTION AND RETENTION.-Amounts generated under subparagraph (A) of this subsection shall be collected by the non-Federal pilot applicant and retained solely for use by the non-Federal pilot applicant to defray its costs associated with carrying out a project under this section. "; (13) by striking the language that appears in subsection (1) in its entirety and inserting the following in lieu thereof: "(l) LONG TERM CONTRACTING AUTHORITY - The Secretary may enter into contracts that may , notwithstanding any other provision of law and solely for the purpose of carrying out the pilot program established pursuant to this section, be for a period oftime of up to 50 years. "; (14) in subsection (n) by striking " 3" and inserting " 5" in lieu thereof and inserting "progress" immediately before the word "report" ; and (15) by inserting the following new subsections at the end thereof: "(o) AUTHORIZATION OF APPROPRIATIONS. - There is authorized to be appropriated for each fiscal year for fiscal years 2018 through 2027 _ to cover the administrative costs incurred by the up to $__ Secretary in carrying out this section. (p) NON-AVAILABILITY OF APPROPRJA TED FUNDS.Notwithstanding any other provision of law , no appropriated funds may be used to defray any costs incurred by a non-Federal pilot applicant associated with carrying out a project under this section. (q) SUNSET PROVISION.-A project may be carried out under this section only if a non-Federal pilot applicant bas entered into an agreement as provided for in subsect ion (c)(4) on or before October 1, 2027. " . (b) CONFORMING AMENDMENTS .(!) Subsections (d) through (o) are re-designated as subsections (c) through (n); and (2) References to subsection (d)(l) or subsection (d)(4) are stricken wherever such references appear throughout the section and replaced by references to subsection (c)( 1) or subsection ( c)(4) , as appropriate. [APG] AMERICA!\ pVERSIGHT 3 CEQ050FY18091_000000830 CEQ-18-0173-F-000163 11.D. 1 Authorize User Fee Collection To: walker.barrett@ma il.house.gov Date: Fri, 09 Mar201816 :14:53 -0500 Sent from my iPhone Begin forwarded message: From: "Hobbie, David S. EOP/CEQ" Date: March 6, 2018 at 2: 18:57 PM EST To: "Herrgott, Alex H. EOP/CEQ" Subject: RE: Corps TA. Here you go From: Herrgott, Alex H. EOP/CEQ Sent : Tuesday, March 6, 2018 1:41 PM To: Hobbie , David S. EOP/CEQ Subject: Corps TA. Can you send to me bud. Sent from my iPbone MR N PVERSIGHT 1 CEQ050FY18091 _ 000000838 CEQ-18-0173-F-000170 Fwd: CorpsTA. From: To: walker.barrett@mail.house.gov Date: Fri, 09 Mar 2018 16:27:42 -0500 Attachments Draft technical language for administration infrastructure principles - ....docx (26.24 kB) Sent from my iPbone Begin forwarded messa ge: From: "Hobbie, David S. EOP/CEQ" Date: March 6, 2018 at 2:18:57 PM EST To: "Herrgott, Alex H. EOP/CEQ" Subject: RE: Corps TA. Here you go From: Herrgott, Alex H. EOP/CEQ Sent: Tue sday, March 6, 2018 1:41 PM To : Hobbie , David S. EOP/CEQ Subject: Corps TA. Can you sen d to me bud. Sent from my iPhone MR N PVERSIGHT 1 CEQ050FY18091_000001234 CEQ-18-0173-F-000171 Army Corps - technical language for White House Legislative Outline for Infrastructure PART 2-ADDITIONAL PROVISIONS FOR INFRASTRUCTURE IMPROVEMENTS II. C.1. Expand Autho rity Related to Non-F etleral Construction aml Operation of Inl and Waterways Projects. Technical language: (a) IN GENERAL. - Section 5014 of the Water Resources Reform and Development Act of 2014 (Pub. L. 113-12 l ; 128 STAT. 1329-1332) is amended(1) by striking the phrase "a project partnership agreement" wherever that phrase appears in the section and inserting "an agreement" (or "agreement" , where appropriate) in lieu thereof ; (2) by striking the phrase "or construction (or both) " in subsection (b)(2) and inserting" , construction , rehabilitation , or operation and maintenance (or any combination thereof)" in lieu thereof ; (3) by striking subsection ( c) in its entirety; (4) by strikjng the phrase "the Secretary shall" in subsection ( d) and inserting "the Secretary may, notwithstanding any other provision of law "; (5) by striking the phrase "at least 15" in subsection (d)(l) and inserting "o ne or more" in lieu thereof ; (6) by striking the phrase "sc ope , financing , budget , design , and construction" in subsection (d)(3 );; (7) by striking the phrase "under whjch the non-Federal pilot applicant is provided full project mana gement contro l for the financing , design , or construction" in subsection (d)(4) and inserting ", under conditions deemed appropriate by the Secretary , under which the non-Federal pilot applicant assumes responsibility for the financing , design , construction , rehabilitation , or operation and maintenance " in lieu thereof ; (8) in subsection (g)( A) by striking the word "made from" and inserting "made , either in advance or on a reimbursable basis , from" in lieu thereof; (B) by striking the phrase "to the Corps of Engineers" in subsection (g)(2) and insertin g "in an energy and Water Development Appropriations Act for authorized civil functions of the Department of the Army " in lieu thereof ; (C) by striking the term "transferred" and inserting "paid " in lieu thereof ; [APG] AMERll Al\ pVERSIGHT CEQ050FY18091_000001235 CEQ-18-0173-F-000172 (D) by adding "; and" at the end thereof and adding the following new subparagraph: "(3) amounts collected pursuant to subjection (j)(2).". (9) in subsection (h)(A) by inserting "(1)" immediately before the phrase "At the request of '; (B) by inserting "technical assistance " immediately after the phrase "the Secretary may provide "; (C) by striking ", if the non-Federal pilot applicant contracts with and compensates the Secretary , technical assistance" ; (D) by striking "(l) " and "(2)" and inserting "(A) " and "(B)" in lieu thereof ; and (E) by inserting the following new paragraph and the end thereof: "(2) Any non-Federal pilot applicant that receives technical assistance under this subsection shall be responsible for the payment of all costs associated with the provisions of such assistance. "; ( 10) in subsection (i) (A) by striking ", on a project-by-project basis ," in paragraph (l)(B) ; (B) by striking "not later than I-year after the date of enactment of this section " in paragraph ( I )(C) and inserting "October 1, 2018" in lieu thereof ; and (C) by inserting "or" at the end of paragraph (2)(A); inserting a period at the end of paragraph (2)(B); and striking all that follows through the end of paragraph (2). (11) by striking" , the proposed agreement provid es" in subsection (j)(l) and inserting "a non-Federa l pilot applicant carrying out a project under this section will provide for" in lieu thereof ; (12) in subsection (k)(A) by inserting "(l) FINANCING. --" at the beginning of the subsection ; (B) by striking the phrase "the non-Federal share of '; and (C) by adding the following language as a new para graph: "(2) FEE GENERATION .(A) IN GENERAL-Notwith standin g section 4 of the River and Harbor Appropriations Act of 1884 (33 U. S.C. 5); section 1 of the Rivers and Harbor Appropriations Act of 1902 (33 U.S.C. 565) ; section 208 of the Water Resource s Development Act of 1986, as amended (33 U .S.C. 2236) , or any other provision of [APG] AMERICA!\ pVERSIGHT 2 CEQ050FY18091_000001235 CEQ-18-0173-F-000173 law, a non-Federal pilot applicant that has the authority to impose tolls or fees may impose tolls or fees on third parties that derive a direct benefit from a project carried out under this section. The amount of such tolls and fees may be determined by the nonFederal pilot applicant. (B) COLLECTION AND RETENTION.-Amounts generated under subparagraph (A) of this subsection shall be collected by the non-Federal pilot applicant and retained solely for use by the non-Federal pilot applicant to defray its costs associated with carrying out a project under this section. "; (13) by striking the language that appears in subsection (1) in its entirety and inserting the following in lieu thereof: "(l) LONG TERM CONTRACTING AUTHORITY - The Secretary may enter into contracts that may , notwithstanding any other provision of law and solely for the purpose of carrying out the pilot program established pursuant to this section, be for a period oftime of up to 50 years. "; (14) in subsection (n) by striking " 3" and inserting " 5" in lieu thereof and inserting "progress" immediately before the word "report" ; and (15) by inserting the following new subsections at the end thereof: "(o) AUTHORIZATION OF APPROPRIATIONS. - There is authorized to be appropriated for each fiscal year for fiscal years 2018 through 2027 _ to cover the administrative costs incurred by the up to $__ Secretary in carrying out this section. (p) NON-AVAILABILITY OF APPROPRJA TED FUNDS.Notwithstanding any other provision of law , no appropriated funds may be used to defray any costs incurred by a non-Federal pilot applicant associated with carrying out a project under this section. (q) SUNSET PROVISION.-A project may be carried out under this section only if a non-Federal pilot applicant bas entered into an agreement as provided for in subsect ion (c)(4) on or before October 1, 2027. " . (b) CONFORMING AMENDMENTS .(!) Subsections (d) through (o) are re-designated as subsections (c) through (n); and (2) References to subsection (d)(l) or subsection (d)(4) are stricken wherever such references appear throughout the section and replaced by references to subsection (c)( 1) or subsection ( c)(4) , as appropriate. [APG] AMERICA!\ pVERSIGHT 3 CEQ050FY18091_000001235 CEQ-18-0173-F-000174 11.D. 1 Authorize User Fee Collection To: "Herrgott, Alex H. EOP/CEQ" Cc: "Fuchs , Patrick (Commerce)" Date: Th u, 05 Apr 2018 12:24 :29-0400 Here is the orig inal ema il. As you know, we also requested DOT TA on TIFIA, RRIF,and Bureau items, which are covered below in the origina l but also copied here in more detail. o Expand Transpor t at ion Infrastructure Finance and Innovation Act {TIFIA) funding and broaden program eligibil ity {e.g., expand to ports and airports) o Expand Railroad Rehabilitation and Improvement Financing (RRIF) and broaden program eligibility (e.g., subsidize CRPsfor RRIF) o Expand Qua lified Credit Assistance and Other Capabil ities for State Infrastructure Banks o Create Flexibility and Broaden Eligibility to Facilitate use of Private Activ ity Bonds {PABs) {Note: we understand PABs are generally under Finance Committee jur isdiction; we are interested in seeing) Thanks, Andrew From : Neely, Andrew {Commerce) Sent: Monday, February 26, 2018 10:55 AM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Arnakis, Adr ian {Commerce) ; Gibbons, Fern {Commerce ) ; Fuchs, Patrick (Commerce) Subject: RE: Legislation wa lk through Thanks, Alex . That would be great . How about 4 pm tomorrow in SH 227? We are interested in all legislative text, but below is the list of policies from the proposal for which we would be particularly interested in drafting assistan ce. We would also be interested in seeing the transformative program TA. Appreciate the help . - Higher Priority TA o o AMR Flexib ility for Project s with De Minimis Federal Share Expand Qualified Credit Ass istance and Other Capabilitie s for State Infrastructure Banks AN PVERSIGHT 1 CEQ050FY18091 _ 000001394 CEQ-18-0173-F-000182 (Environmental) o Protect the Environment through a Structure that Establishes Firm Deadlines to Comp lete Environmental Reviews and Permits o Require a Single Environmental Review Document and a Single Record of Decision Coordinated by the Lead Agency o Clarify that Alternatives Outside of the Scope of an Agency's Authority or Applicant's Capability Are Not Feasible Alternatives o Focus the Scope of Federa l Resource Agency NEPA Analysis on Areas of Special Expertise or Jurisdiction o Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions o Enhance Integration of Transportation Planning and NEPA by Removing an Unneeded Concurrence Point for Using Transportation Planning Documents and Decisions in NEPA o Authorize All Lead Federal Agencies for Infrastructure Projects to Opt into Highway and Transit Streamlining Procedures o Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews o Eliminate Duplicative Reviews of Historic Property Impacts for Transportation Projects o Expand Department of Transportation NEPA Assignment Program to Other Agenc ies o Broaden NEPA Assignment Program to Include Other Determinations o Performance-Based Pilot o Negotiated Mitigation Pilot o Limit Injunctive Relief to Exceptional Circumstances o Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days o Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits (Environmenta l - Clearer Jurisdictional Issues) o Direct the Council on Environmental Quality to Issue Regulations to Streamline the NEPA Process o Eliminate Redundancy in EPA Reviews of Environmental Impact Statements under Section 309 of the Clean Air Act o Remove Duplication in the Review Process for Mitigation Banking by Eliminating the Interagency Review Team o Create Incentives for Enhanced Mitigation (Other Policies) o Extend Streamlined Passenger Facility Charge Process from Non-hub Airports to Small Hub Airports o Create More Efficient Federal Aviation Administration Oversight of Non-aviation Development Activities at Airports o Reduce Barriers to Alternative Project Delivery for Airports o Clarify Authority for Incentive Payments under the Airport Improvement Program o Move Oversight of AIP Funds to Post-expenditure Audits AMERll Al\ pVERSIGHT 2 CEQ050FY18091_000001394 CEQ-18-0173-F-000183 o Increase Efficiency by Expediting Certain Small Telecommunications Equipment in NEPA and the Nat ional Historic Preservatio n Act o Re qu ire Timel ines to be Me t under the Magn u son Steve ns Ac t or Allow Agency to Procee d with Action o Reduce Uncertainty by Establish ing Motor Veh icle Emjgsioos Budgets before Requir ing In itial Transporta tion Conformi ty Determinatio ns for Newly Desig nated Areas Oth er Important Change s o o o Expan d TIFIA to Include Ports and Airports and other changes to prog ram Subsidize CRPs for RRIF Apply FAST Act Streamlining Prov isions to Ra il Proj ects and Sborten the Statute of Limitations o Curtai l Costs by A llow ing for Advance Ac quisi tion and Preservat ion of R ail Rig hts - ofWay before NEPA Is Comp lete Finance Jurisdiction, But Intere sted in Seeing o All of the P ABs changes From: Herrgott, Alex H. EOP/C EQ [mailto Sent : Mond ay, February 26, 2018 9:32 AM To: Arnakis , Adrian (Commerce) ; Neely, Andre w (Commerce) ; Gibbons, Fern (Commerce) < Fern Gibbons@commerce .senate .gov >; Fuchs, Patrick (Commerce) Subject : Legislat ion walk through Gang, DJ sent on Friday, but let me know if you want me to come in and talk about these two pieces and the development of the rest of the TA. Alex Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental Quality AMR AN PVERSIGHT 3 CEQ050 FY18091 _ 000001394 CEQ-18-0173-F-000184 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 December 21, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 7 Dear Mr. Evers: This letter is the seventh production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this seventh production, we have processed an additional 200 records and identified 53 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 94 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted some email addresses and phone numbers. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A v1 I( PVERSIGHT Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 A v1 )I( /\ PVERSIGHT RE: CEQ meetin From : "Arnakis, Adrian {Commerce)" To : "Herrgott, Alex H. EOP/CEQ" Cc: "Barnhart, Devon (Commerce)" Date: Mon, 18 Sep 2017 17:40:16 -0400 Great -----Original Message----From: Herrgott , Alex H. EOP/CEQ [mailto Sent: Monday , September 18, 2017 5:36 PM To: Amakfa , Adrian (Commerce) Cc: Bamba rt, Devon (Commerce) Subject: RE: CEQ meeting No, doo't bring anything. 734 Jackson. -----Ori gina l Message----From: Amakis , Adrian (Comme rce) (mailto:Adrian_Amalcis @commerce .senate.gov] Sent: Monday, September 18, 2017 5:33 PM To: Herrgott , Alex H. EOP/CEQ Cc: Barnhart . Devon (Commerce) Subject: RE: CEQ meeting Looking pretty good for Nick and L Where exactly should we come. Do you wam us to bring anything. ----- Original Message----From: Herrgott , Alex H. EOP/CEQ [mailto Sent: Monday , September 18, 2017 5:13 PM To: Aroakis , Adrian (Commerce) Cc : Barnhart , Devon (Commerce) Subject: RE: CEQ meeting Yes, in proper English, r mean you're cordially invited to the CEQ porch. Kim and Nick are welcome--as DJ will want them there. Does 6pm work -----Ori gina l Message----From: Arnakis , Adrian (Commerce) [mailto:Adrian_Arnakis @commerce.senate.gov] Sent: Mon day, September 18, 2017 4:56 PM To: Herrgott , Alex H. EOP/CEQ Cc: Barnhart , Devon (Commerce) Subject: RE: CEQ meeting Are you saying you want to meet Thursday night al 6PM? -----Ori gina l Message----From: Herrgott , Alex H . EOP/CEQ [mailto Sent: Monday, September 18, 2017 3:37 PM AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000001765 CEQ-18-0173-G-000001 To: Arnakis, Adrian (Commerce) Cc: Barnhart, Devon (Commerce) Subject: Re: CEQ meeting What Thursday at 6 Sent from my iPhone > On Sep 15, 2017 , at l l :53 AM , Arnakis, Adrian (Commerce) wrote: > > Wed. afternoon might work after the boss leave for recess. Maybe 4? > > -----OriginalMessage----> From: Herrgott, Alex H. EOP/CEQ [mailto > Sent: Frida y, September 15, 2017 11:40 AM > To: Aruakis, Adrian (C01mnerce); Barnhart, Devon (Collllilerce) > Subject: CEQ meeting > > Hey, > > Can we schedule a time next week for you and your bosses (Nick and Kim if you want) lo come to CEQ for a HH with DJ and me. This will be an OTR couversalion on infra bill and path fonvard. We did this with Mary Frances and Co last month. How about next Tuesday /Wed > > Alex > > > > > Alexander Herrgott > AssociateDirector for InfrastruchLre > Council on EnvironmentalQuality >> > > MR N PVERSIGHT 2 CEQ050FY18091 _ 000001765 CEQ-18-0173-G-000002 RE: CEQ meetin From : "Arnakis, Adrian {Commerce)" To : "Herrgott, Alex H. EOP/CEQ" Cc: "Barnhart, Devon (Commerce)" Date: Mon, 18 Sep 2017 17:33:20 -0400 Looking pretty good for Nick and I. Whereexactly should we come. Do you want us to bring anything. -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailt Sent: Monday, September 18, 2017 5: 13 PM To: Amakis, Adrian (Commerce) Cc: Bambart, Devon (Commerce) Subject: RE: CEQ meeting Yes , in proper English , r mean you're cordially inv ited to the CEQ porch . Kim and Nick are welcome--as DJ will want them there. Does 6pm work -----Original Message----From: Amakis, Adrian (Commerce)[mailto:Adrian_Amakis @commerce.senate.gov] Sent: Monday, September 18, 2017 4:56 PM To: Herrgott, Alex H. EOP/CEQ > Cc: Barnban, Devon (Commerce) Subject: RE: CEQ meeting Are you saying you want to meet Thursday night at 6PM? -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Monday, September 18, 2017 3:37 PM To: Arnakis, Adrian (Commerce) Cc: Barnhart, Devon (Commerce) Subject: Re: CEQ meeting Wb.atThursday at 6 Sent from my iPhoue > On Sep 15, 2017 , at 11 :53 AM, Amakis, Adrian (Commerce) wrote: > >Wed.afternoon might work after 1heboss leave for recess. Maybe 4? > > -----OrigiualMessage----> From: Herrgott,Alex H. EOP/CEQ [mailto > Sent: Friday,September 15, 2017 11 :40 AM > To: Aroakis, Adrian (Commerce); Barnhart,Devon (Commerce) AMR AN PVERSIGHT 1 CEQ050F Y 18091_000001766 CEQ-18-0173-G-000003 > Subject: CEQ meeting > > Hey, > > Can we schedulea time next week for you and your bosses (Nick and Kim if you want) to come to CEQ for a HH wilh DJ and me. This will be an OTR conversation on irrfra bill and path forward. We did tl1iswith Mary Frances and Co last month. How about next Tuesday/Wed > > Alex > > > > > Alexander Herrgott >- > Associate Director for Infrastructure > Council on Environmental Quality > > > MR N PVERSIGHT 2 CEQ050FY 18091_000001766 CEQ-18-0173-G-000004 RE: CEQ meetin From : "Arnakis, Adrian {Commerce)" To : "Herrgott, Alex H. EOP/CEQ" Cc: "Barnhart, Devon (Commerce)" Date: Mon, 18 Sep 2017 16:55:40 -0400 Are you saying you want to meet Thursday uight at 6PM? -----OriginalMessage----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Monday, September 18, 2017 3:37 PM To: Amakfa, Adrian (Commerce) Cc: Bambart, Devon (Commerce) Subject: Re: CEQ meeting Wliat Thursday at 6 Sent from my iPhone > On Sep 15, 2017, at 11:53AM, Arnakis, Adriau (Commerce) wrote: > > Wed.afternoon might work after the boss leave for recess. Maybe 4? > > -----OriginalMessage----> from: Herrgott, Alex H. EOP/CEQ [mailto > Sent: Friday, September 15, 2017 11:40 AM > To: Aruakis, Adriau (Commerce); Bambart, Devon (Commerce) > Subject: CEQ meeting > > Hey, > > Can we schedule a time next week for you and your bosses (Nick and Kim if you want) to come to CEQ for a HH with DJ and me. This will be an OTR conversation on infra bill and path forward. We did this with Mary Frances and Co last month. How about next Tuesday/Wed > > Alex > > > > > AlexanderHerrgotl > Associate Director for Infrastructure > Council on EnvironmentaJQuality >> > > MR N PVERSIGHT 1 CEQ050FY18091 _ 000001767 CEQ-18-0173-G-000005 RE: CEQ meetin From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn =recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Arnakis, Adrian (Commerce)" Cc: "Barnhart, Devon (Commerce)" Date: Mon, 18 Sep 2017 17:35:56 -0400 No, don't bring anything. 734 Jackson. -----Original Message----From: Aroakis, Adrian (Commerce)[mailto:Adrian_Arnakis@commerce.senate.gov] Sent: Monday, September 18, 2017 5:33 PM To: Herrgott, Alex H. EOP/CEQ Cc: Bambart, Devon (Commerce) Subject: RE: CEQ meeting Looking prett y good for Nick and I. Where exactly should we come. Do you want us to bring anything. -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Monday, September 18, 2017 5:13 PM To: Arnakis, Adrian (Commerce) Cc: Barnhart, Devon (Commerce) Subject: RE: CEQ meeting Yes, in proper English, I mean you're cordially invited 10 the CEQ porch. Kim and Nick are welcome--as DJ will want them there. Does 6pm work -----Original Messagc----From: Aroakis, Adrian (Commerce)[mailto:Adrian_Arnakis @commerce.senate.govl Sent: Monday, September 18, 2017 4:56 PM To: Herrgott, Alex H. EOP/CEQ Cc: Barnhart, Devon (Commerce) Subject: RE:CEQ meeting Are you saying you want to meet Thursday night at 6PM? -----Original Message----From: Herrgott, Alex H. EOP /CEQ [mailto Sent: Monday, September 18, 2017 3:37 PM To: Arnakis, Adrian (Commerce) Cc: Barnhart, Devon (Commerce) Subj ect: Re : CEQ meeting What Thursday at 6 Sent from my iPhone AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000002121 CEQ-18-0173-G-000006 > On Sep 15, 2017, at 11:53 AM, Arnakis, Adrian (Commerce) wrote: > > Wed.afternoon might work after the boss leave for recess. Maybe 4? > > -----Original Message----> From: Herrgott, Alex H. EOP/CEQ [mailto > Sent: Friday, September 15, 2017 11:40 AM > To: Amakis, Adrian(Commerce); Barnhart,Devon (Commerce) > Subject: CEQ meeting > > Hey, > > Can we schedule a time next week for you and your bosses (Nick and Kim if you want) to come to CEQ for a HH with DJ and me. This will be an OTR conversation on infra bill and patb forward. We did this with Mary Frances and Co last month. How about next Tuesday/Wed > > Alex > > > > > Alexander Herrgott > Associate Director for Infrastructure > Council 011 Environmental Quality >--> > > MR N PVERSIGHT 2 CEQ050FY 18091_000002121 CEQ-18-0173-G-000007 RE: CEQ meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> T o: "Arnakis, Adrian (Commerce)" Cc: "Barnhart, Devon (Commerce)" Date: Mon, 18 Sep 201717:12:55 -0400 Yes, in proper English, I mean you're cordially invited to the CEQ porch. Kim and Nick are welcome--asDJ will want them there. Does 6pm work -----Otiginal Message----From: Amakis, Adrian (Commerce) [mailto:Adria11_Am akis@commerce.seoa1e.gov] Sent: Monday, September 18, 2017 4:56 PM To: Herrgott, Alex H. EOP/CEQ Cc: Bamba rt, Devon (Commerce) Subject: RE: CEQ meeting Are you saying you want to meet Thursday night at 6PM? -----OriginalMessage----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Monday, September 18, 2017 3:37 PM To: Amakis, Adrian (Commerce) Cc: Barnhart, Devon (Commerce) Subject: Re: CEQ meeting What Thursday at 6 Sent from my iPhone > On Sep 15, 2017. at 11:53 AM. Amakis, Adrian (Commerce) wrote: > >We d.a fternoon might work after the boss leave for recess. Maybe 4? > > -----Original Message----> From: Herrgott, Alex H. EOP/CEQ [mailto > Sent: Friday, September 15, 2017 11:40 AM > To: Amakis, Adrian (Commerce); Bamhart, Devon (Commerce) > Subject: CEQ meeting > > Hey, > > Can we schedule a time next week for you and your bosses (Nick and Kim if you wanl) lo come to CEQ for a HH with DJ and me. This will be an OTR conversation on infra bill and path forward. We did this with Mary Frances and Co last month. How about next Tuesday/Wed > > Alex > AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000002122 CEQ-18-0173-G-000008 > > > > Alexander Herrgott > Associate Director for Infrastructure > Council on EnvironmentalQuality >> > > MR N PVERSIGHT 2 CEQ050FY18091_000002122 CEQ-18-0173-G-000009 Re: CEQ meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> T o: "Dedrick, Kathy" Date: Mon, 18 Sep 2017 15:37:42 -0400 Standby. Working out schedule Sent from my iPhone > On Sep 18, 2017, at 3: 15PM, Dedrick, Kathy wrote: > > Is Wednesdaygoing to work? > > -----OriginalMessage----> from: Dedrick, Kathy > Sen t: Friday, September 15, 201711 :53 AM > To: 'Herrgotl , Alex H. EOP /CEQ' > Subject: RE: CEQ meeting > > Sure, that would be great. I'll bring Helenaand Ward. Wednesdayprobably works best for us. What time? > > -----Original Message----> From: Herrgott , Alex H. EOP/CEQ [mailto > Sent: Friday, September 15, 2017 l I :42 AM > To: Dedrick , Kathy > Subject: CEQ meeting > > > Hey, > > Can we schedule a time next week for you and whoeveryou think appropriateto come to CEQ for a HH with DJ and me. This will be an OTR conversationon infra bill and path forward. We did this with Mary Francesand Co last month. How about next Tuesday/Wed > > Alex > > > > > Alexander Herrgott > Associate Director for Infrastruchi.re > Collllc il on Environmental Qualit y >..._ > > MR N PVERSIGHT 1 CEQ050FY 18091 _ 000002123 CEQ-18-0173-G-000010 Re: CEQ meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> T o: "Arnakis, Adrian (Commerce)" Cc: "Barnhart, Devon (Commerce)" Date: Mon, 18 Sep 2017 15:37:26 -0400 What Thursday at 6 Sent from my iPhone > 011Sep 15, 2017 , at 1 I :53 AM, Arnakis, Adrian (Commerce) wrote: > > Wed.afternoon might work after the boss leave for recess. Maybe 4? > > -----OriginalMessage----> From: Herrgott , Alex H. EOP / CEQ [mai lto > Sen t: Friday , September 15, 2017 11 :40 AM > To: Amakis , Adrian (Commerce) ; Bamhart , Devon (Commerce) > Subject: CEQ mee ting > > Hey, > > Can we schedule a time next week for you and your bosses (Nick and Kim if you want) to come to CEQ for a HH with DJ and me. This will be an OTRconversationon infrabill and path forward. We did tbis witb MaryFrances and Co last month. How about next Tuesday/Wed > > Alex > > > > > Alexander Herrgott > Associate Director for Infrastrucmre > Council on EnviroumentaJQuality > ..... > > > MR N PVERSIGHT 1 CEQ050FY 18091 _ 000002124 CEQ-18-0173-G-000011 From Flow Chart 29 Statutes: o Noise Co nt rol Act of 1972 (42 USC 4901- 4918) o 23 USC 109{i)/23 CFR 772 o Endangered Species Act {16 USC 1531 - 1544) o Marine Mammal Protection Act (16 USC 1361-1423h) o Anadromous Fish Conservation Act (16 USC 757a - 757f) o Fish and Wildlife Coordination Act (16 USC 661 - 667d) o Migratory Bird Treaty Act (16 USC 703 - 712) o Magnuson-Stevens Fishery Conservation and Management Act {16 USC 1801 - 1891d) o Bald and Golden Eagle Protection Act (16 USC 668 - 668d) o National Historic Preservation Act of 1966 (16 USC470 et seq) o Archaeological Resources Protection Act (16 USC 470aa - 470mm) o Archaeological and Historic Preservation Act (16 USC469- 469c) o Native American Graves Protection and Repatriation Act (25 USC 3001 - 3013) o Section 4(f) of the DOT Act (49 USC 303/23 USC 138) o Sect ion 6(f) of the Land and Water Conservation Fund Act o Clean Water Act o Coastal Barrier Resources Act (16 USC 350 1 - 3510) o Coastal Zone Management Act (16 USC 145 1- 1466) o Safe Drinking Water Act (42 USC 300j - 300j-26) o Rivers and Harbors Act (33 USC 403) o Wild and Scenic Rivers Act (16 USC 1271- 1287) o Emergency Wetlands Resources Act (16 USC 3901- 3921) o Flood Disast er Protec t ion Act (42 USC4001- 4130) o Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601- 9675) o Resource Conservation and Recovery Act (42 USC 6901 - 6992k) o Clean Air Act (42 USC 7401- 7671q) o Farmland Protection Policy Act (7 USC 4201 - 4209) o American Indian Religious Freedom Act (42 USC 1996) o Uniform Relocation and Real Property Assistance Act (42 USC 4601- 4655) 5 Executive Orders: o Executive Order 13751 (Safeguarding the National Against Invasive Species) o Executive Order 11593 (Protection and Enhancement of the Cultural Environment) o Executive Order 12898, Environmental Justice o Executive Order 11990, Protection of Wetlands o Executive Order 11988, Floodplain Management Up to 16 Decisions required under Federal Law: /\MERICAi\ pVERSIGHT CEQ050FY18091 _000001172 CEQ-18-0173-G-000012 o Clean Water Act (CWA) 401 (EPA/State) o CWA 402 (EPA/State) o CWA 403 (EPA/State) o CWA 404/Section 10 Rivers and Harbors Act (USACE) o FEMA Regulations for Special Flood Hazard Areas, 44 CFR Part 60 (State) o Coastal Zone Management Act (State) o RCRASite Approval (EPA/State) o ESA(NOAA, USFWS) o Migratory Bird Treaty Act (USFWS) o Eagle Protection Act (USFWS) o Marine Mammal Protection Act (NOAA) o Section 106 NHPA (FHWA, ACHP) o 4f DOT Act (FHWA) o 6f LWCF (NPS/State) o ARPA (NPS) o Section 9 Rivers and Harbors Act (USCG) o FAA Aeronautical Determination (FAA) Involving 9 Federal Agencies: /\MER l /\~ o USACE(404, Section 10) o FHWA (NEPA, 4f, 106 NHPA) o USFWS (ESA, MTBA, Eagle) o NOAA (ESA, MMPA) o NPS (6f LWCF, ARPA) o USCG(Section 9) o FAA (Aeronautical Determination) o ACHP (NHPA) o EPA (CWA/RCRA) pVERSIGHT 2 CEQ050FY18091 _000001172 CEQ-18-0173-G-000013 CEO-1 8-01 73-G-000014 From Flow Chart 29 Statutes: o Noise Co nt rol Act of 1972 (42 USC 4901- 4918) o 23 USC 109{i)/23 CFR 772 o Endangered Species Act {16 USC 1531 - 1544) o Marine Mammal Protection Act (16 USC 1361-1423h) o Anadromous Fish Conservation Act (16 USC 757a - 757f) o Fish and Wildlife Coordination Act (16 USC 661 - 667d) o Migratory Bird Treaty Act (16 USC 703 - 712) o Magnuson-Stevens Fishery Conservation and Management Act {16 USC 1801 - 1891d) o Bald and Golden Eagle Protection Act (16 USC 668 - 668d) o National Historic Preservation Act of 1966 (16 USC470 et seq) o Archaeological Resources Protection Act (16 USC 470aa - 470mm) o Archaeological and Historic Preservation Act (16 USC469- 469c) o Native American Graves Protection and Repatriation Act (25 USC 3001 - 3013) o Section 4(f) of the DOT Act (49 USC 303/23 USC 138) o Sect ion 6(f) of the Land and Water Conservation Fund Act o Clean Water Act o Coastal Barrier Resources Act (16 USC 350 1 - 3510) o Coastal Zone Management Act (16 USC 145 1- 1466) o Safe Drinking Water Act (42 USC 300j - 300j-26) o Rivers and Harbors Act (33 USC 403) o Wild and Scenic Rivers Act (16 USC 1271- 1287) o Emergency Wetlands Resources Act (16 USC 3901- 3921) o Flood Disast er Protec t ion Act (42 USC4001- 4130) o Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601- 9675) o Resource Conservation and Recovery Act (42 USC 6901 - 6992k) o Clean Air Act (42 USC 7401- 7671q) o Farmland Protection Policy Act (7 USC 4201 - 4209) o American Indian Religious Freedom Act (42 USC 1996) o Uniform Relocation and Real Property Assistance Act (42 USC 4601- 4655) 5 Executive Orders: o Executive Order 13751 (Safeguarding the National Against Invasive Species) o Executive Order 11593 (Protection and Enhancement of the Cultural Environment) o Executive Order 12898, Environmental Justice o Executive Order 11990, Protection of Wetlands o Executive Order 11988, Floodplain Management Up to 16 Decisions required under Federal Law: /\MERICAi\ pVERSIGHT CEQ050FY18091 _000001311 CEQ-18-0173-G-000015 o Clean Water Act (CWA) 401 (EPA/State) o CWA 402 (EPA/State) o CWA 403 (EPA/State) o CWA 404/Section 10 Rivers and Harbors Act (USACE) o FEMA Regulations for Special Flood Hazard Areas, 44 CFR Part 60 (State) o Coastal Zone Management Act (State) o RCRASite Approval (EPA/State) o ESA(NOAA, USFWS) o Migratory Bird Treaty Act (USFWS) o Eagle Protection Act (USFWS) o Marine Mammal Protection Act (NOAA) o Section 106 NHPA (FHWA, ACHP) o 4f DOT Act (FHWA) o 6f LWCF (NPS/State) o ARPA (NPS) o Section 9 Rivers and Harbors Act (USCG) o FAA Aeronautical Determination (FAA) Involving 9 Federal Agencies: /\MER l /\~ o USACE(404, Section 10) o FHWA (NEPA, 4f, 106 NHPA) o USFWS (ESA, MTBA, Eagle) o NOAA (ESA, MMPA) o NPS (6f LWCF, ARPA) o USCG(Section 9) o FAA (Aeronautical Determination) o ACHP (NHPA) o EPA (CWA/RCRA) pVERSIGHT 2 CEQ050FY18091 _000001311 CEQ-18-0173-G-000016 Fwd: TP's From : "Herrgott , Alex H . EOP/CEQ" <"/o=exchange organization /ou=exchange administrative group (fydibohf23sp dlt)/cn=recipients /cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: luke_holland@inhofe .senate.gov Date : Tue , 13 Feb 2018 16:33:12 -0500 Attachment Agencies and Laws.docx (23.8 kB) s: Sent from my iPho ne Begin forwarded message: From: "Herrgott, Alex H. EOP/CEQ" Date: February 13, 2018 at 4:25:31 PM EST To: "wcndi price(a)inhofc.scnatc.gov" Subject:Fwd: TP's Sent from my iPho ne Begin forwa rded message : > From: "Harkins, Michael W. EOP/CEQ" Date: February 13, 2018 at 4:21:31 PM EST To: "Herrgott, Alex H. EOP/CEQ" Subject: TP's Alex - here are the TPs on the laws as well as some TP's on a few project examples. I' ve attached the list of laws, Eos and agency decisions comprising these numbers. I would steer clear of t he 54 approvals on the FPISCaut hor izat ion inventory . DOT had a TP on that point, and DJ asked Derek not to use that anymore . Thanks , Michael o AMR Congre ss has establ ished several laws vesting responsibil ities for various p ermittin g decisions in multipl e diff erent agencies. AN PVERSIGHT 1 CEQ050FY18091 _ 000002690 CEQ-18-0173-G-000018 o A complex highway project could require as many as 16 different approvals involving 9 different Federal agencies governed by 29 different statutes and 5 Executive Orders - and, without a single point of contact. o And, this is just the Federal requirements - doesn't count permits and approvals needed from State and local agencies. Herbert C. Bonner Bridge Replacement (North Carolina) o The Herbert C. Bonner Bridge carries N.C. 12 over Oregon Inlet between Hatteras and Bodie islands and lies within both the Cape Hatteras National Seashore and the Pea Island ational Wildlife Refuge. o The existing bridge , which is well past its design life, is being replaced with a new 2.8-rnile , $246 million bridge designed to better withstand exposure to its harsh coastal environment and have a l 00-year service life. o Because relocating the road impacted a wildlife refuge , the project required the concurrence of the U.S. Fish and Wildlife Service (USFWS). o The environmental review and permitting of the project took more than years with USFWS and environmental groups demanding that FHW A approve a 17.5 mile with replacement alternative with estimates costing between $500 million and $1 billion. o The 20 year process involved numerous studies, interageocy disputes , and 4 years of legal challenges in the Federal courts. St. Croix River Crossing (Stillwater Bridge) (Minnesota/Wisconsin) o The St. Croix River Crossing project is a 650 million replacement of the nearly 90 year old Stillwater Bridge between Minnesota and Wisconsin over the St. Croix River. The old bridge was frequently congested , inadequate for modern traffic , and was deteriorating from its age. o The environmental process to replace the bridge began in 1985 and concluded with a record of decision in 1995. o Subsequently , the ational Park Service found that the project would have adverse impacts under the ational Wild and Scenic Rivers Act, preventing the Coast Guard and the Corps of Engineers from issuing their permits. o After negotiations , and additional environmental studies, the PS, USDOT and State DOTs reached an agreement under which the PS reevaluated its earlier finding . However , the project was further stalled due to litigation from environmental groups. AMERICAN PVERSIGHT 2 CEQ050FY18091_000002690 CEQ-18-0173-G-000019 o In March 2012 , Congress enacted legislation , which was signed by President Obama , granting the project an exemption from the Wild and Scenic Rivers Act and finally allowin g the much needed project to proceed. Columbia Ri ver Crossing Project (Oregon/ Washington) o The Columbia River Crossing was a joint project between the Washington State and Oregon Departments of Transportation that had been in the works for over a decade and cost nearly 200 million dollars in planning , engineering and design work , and environmental review before it was placed on hold. o The project was to replace the pair of functionally obsolete bridges on Interstate 5, rebuild several highway interchanges north and south of the Columbia River , including pedestrian and bicycle paths, and integrate the extension of a light rail line from Portland , OR to Vancouver, WA. o The project required over 45 Federal and State permits and approvals from numerous different agencies. o One of the major causes of delay for the project was that the bridge design the State DOTs put forward failed to gain support from the U.S. Coast Guard and U.S. Army Corps of Engineers. o The late design changes required by the Coast Guard and Corp of Engineers increased the cost of the project and required the State DOTs to revisit decisions regarding mitigation needed to address impacts to upriver businesses. o During this time opposition to the project grew , and ultimately the Washington State Senate did not take a vote on funding its portion of the project ($450 million) in 2013 , causing the Washington State DOT to suspend its involvement in the project. As a result , many millions of dollars were spent without any improvements to the aging and congested bridges . AMERICAN PVERSIGHT 3 CEQ050FY18091_000002690 CEQ-18-0173-G-000020 From Flow Chart 29 Statutes: o Noise Co nt rol Act of 1972 (42 USC 4901- 4918) o 23 USC 109{i)/23 CFR 772 o Endangered Species Act {16 USC 1531 - 1544) o Marine Mammal Protection Act (16 USC 1361-1423h) o Anadromous Fish Conservation Act (16 USC 757a - 757f) o Fish and Wildlife Coordination Act (16 USC 661 - 667d) o Migratory Bird Treaty Act (16 USC 703 - 712) o Magnuson-Stevens Fishery Conservation and Management Act {16 USC 1801 - 1891d) o Bald and Golden Eagle Protection Act (16 USC 668 - 668d) o National Historic Preservation Act of 1966 (16 USC470 et seq) o Archaeological Resources Protection Act (16 USC 470aa - 470mm) o Archaeological and Historic Preservation Act (16 USC469- 469c) o Native American Graves Protection and Repatriation Act (25 USC 3001 - 3013) o Section 4(f) of the DOT Act (49 USC 303/23 USC 138) o Sect ion 6(f) of the Land and Water Conservation Fund Act o Clean Water Act o Coastal Barrier Resources Act (16 USC 350 1 - 3510) o Coastal Zone Management Act (16 USC 145 1- 1466) o Safe Drinking Water Act (42 USC 300j - 300j-26) o Rivers and Harbors Act (33 USC 403) o Wild and Scenic Rivers Act (16 USC 1271- 1287) o Emergency Wetlands Resources Act (16 USC 3901- 3921) o Flood Disast er Protec t ion Act (42 USC4001- 4130) o Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601- 9675) o Resource Conservation and Recovery Act (42 USC 6901 - 6992k) o Clean Air Act (42 USC 7401- 7671q) o Farmland Protection Policy Act (7 USC 4201 - 4209) o American Indian Religious Freedom Act (42 USC 1996) o Uniform Relocation and Real Property Assistance Act (42 USC 4601- 4655) 5 Executive Orders: o Executive Order 13751 (Safeguarding the National Against Invasive Species) o Executive Order 11593 (Protection and Enhancement of the Cultural Environment) o Executive Order 12898, Environmental Justice o Executive Order 11990, Protection of Wetlands o Executive Order 11988, Floodplain Management Up to 16 Decisions required under Federal Law: /\MERICAi\ pVERSIGHT CEQ050FY18091 _000002691 CEQ-18-0173-G-000021 o Clean Water Act (CWA) 401 (EPA/State) o CWA 402 (EPA/State) o CWA 403 (EPA/State) o CWA 404/Section 10 Rivers and Harbors Act (USACE) o FEMA Regulations for Special Flood Hazard Areas, 44 CFR Part 60 (State) o Coastal Zone Management Act (State) o RCRASite Approval (EPA/State) o ESA(NOAA, USFWS) o Migratory Bird Treaty Act (USFWS) o Eagle Protection Act (USFWS) o Marine Mammal Protection Act (NOAA) o Section 106 NHPA (FHWA, ACHP) o 4f DOT Act (FHWA) o 6f LWCF (NPS/State) o ARPA (NPS) o Section 9 Rivers and Harbors Act (USCG) o FAA Aeronautical Determination (FAA) Involving 9 Federal Agencies: /\MER l /\~ o USACE(404, Section 10) o FHWA (NEPA, 4f, 106 NHPA) o USFWS (ESA, MTBA, Eagle) o NOAA (ESA, MMPA) o NPS (6f LWCF, ARPA) o USCG(Section 9) o FAA (Aeronautical Determination) o ACHP (NHPA) o EPA (CWA/RCRA) pVERSIGHT 2 CEQ050FY18091 _000002691 CEQ-18-0173-G-000022 Fwd: TP's From: "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To : wendi_price@ inhofe.senate.gov Date: Tue, 13 Feb 2018 16:25:31 -0500 Attac hment s: Agencies and Laws.docx (23.8 kB) Sent from my iPhone Begin forwarded message: From:"Harkins, MichaelW. EOP/CEQ" Date: February 13, 2018 at 4:21:31 PM EST To: "Herrgott, Alex H. EOP/CEQ" Subject: TP 's Alex - here are the TPs on the laws as well as some TP's on a few project examples. I've attached the list of laws, Eos and agency decisions comprising these numbers . I would steer clear of the 54 approvals on the FPISCauthorization inventory. DOT had a TP on that point, and DJasked Derek not to use that anymore. Thanks, Michael o o Congress has establishedseveral laws vesting responsibilities for various pennitting decisions in multiple different agencies. A complex highway project could require as many as 16 different approvals involving 9 different Federal agencies governed by 29 differen t statutes and 5 Executive Orders- and, without a single point of contact. o And, this is just the Federal requirements - doesn't count permits and approva ls needed from State and local agencies. Herbert C. Bonner Bridge Replacement (North Carolina) o The Herbert C. Bonner Bridge carries N.C. 12 over Oregon Inlet between Hatteras and Bodie islands and lies within both the Cape Hatteras National Seashore and the Pe a Island Natio nal Wildli fe Refuge. AMR AN PVERSIGHT 1 CEQ050FY18091 _ 000002699 CEQ-18-0173-G-000024 o The existing bridge , which is well past its design life, is being replaced with a new 2.8mile , $246 million bridge designed to better withstand exposure to its harsh coastal enviromnent and have a 100-year service life. o Because relocating the road impacted a wildlife refuge, the project required the concurrence of the U.S. Fish and Wildlife Service (USFWS). o The environmental review and permitting of the project took more than years with USFWS and environmental groups demanding that FHWA approve a 17.5 mile with replacement alternative with estimates costing between $500 million and $1 billion. o The 20 year process involved numerous studies , interagency disputes, and 4 years of legal challenges in the Federal courts. St. Croix River Crossing (Stillwater Bridge) (Minnesota/ Wisconsin) o The St. Croix River Crossing project is a $650 million replacement of the nearly 90 year old Stillwater Bridge between Minnesota and Wisconsin over the St. Croix River. The old bridge was frequently congested , inadequate for modem traffic , and was deteriorating from its age. o Tbe environmental process to replace the bridge began in 1985 and concluded with a record of decision in 1995. o Subsequently , the National Park Service found that the project would have adverse impacts under the National Wild and Scenic Rivers Act, preventing the Coast Guard and the Corps of Engineers from issuing their penuits. o After negotiations , and additional environmental studies, the NPS , USDOT and State DOTs reached an agreement under which the NPS reevaluated its earlier finding. However , the project was further stalled due to litigation from environmental groups. o In March 2012, Congress enacted legislation , which was signed by President Obama, granting the project an exemption from the Wild and Scenic Rivers Act and finally allowing the much needed project to proceed. Columbia River rossing Pro;ect (Ore?on/ Washington) o The Columbia River Crossing was a joint project between the Washington State and Oregon Departments of Transportation that had been in the works for over a decade and cost nearly 200 million dollars in planning, engineering and design work, and environmental review before it was placed on hold. o The project was to replace the pair of functionally obsolete bridges on Interstate 5, rebuild several highway interchanges north and south of the Columbia River, including AMERICAN PVERSIGHT 2 CEQ050FY18091_000002699 CEQ-18-0173-G-000025 pedestrian and bicycle paths , and integrate the extension of a light rail line from Portland , OR to Vancouver , WA. o The project required over 45 Federal and State permits and approvals from numerous different agencies. o One of the major causes of delay for the project was that the bridge design the State DOTs put forward failed to gain support from the U.S. Coast Guard and U.S. Anny Corps of Engineers. o The late design changes required by the Coast Guard and Corp of Engineers increased the cost of the project and required the State DOTs to revisit decisions regarding mitigation needed to address impacts to upriver businesses . o During this time opposition to the project grew , and ultimately the Washington State Senate did not take a vote on funding its portion of the project ($450 million) in 2013, causing the Washington State DOT to suspend its involvement in the project. As a result , many millions of dollars were spent without any improvements to the aging and congested bridges. AMERICAN PVERSIGHT 3 CEQ050FY18091_000002699 CEQ-18-0173-G-000026 From Flow Chart 29 Statutes: o Noise Co nt rol Act of 1972 (42 USC 4901- 4918) o 23 USC 109{i)/23 CFR 772 o Endangered Species Act {16 USC 1531 - 1544) o Marine Mammal Protection Act (16 USC 1361-1423h) o Anadromous Fish Conservation Act (16 USC 757a - 757f) o Fish and Wildlife Coordination Act (16 USC 661 - 667d) o Migratory Bird Treaty Act (16 USC 703 - 712) o Magnuson-Stevens Fishery Conservation and Management Act {16 USC 1801 - 1891d) o Bald and Golden Eagle Protection Act (16 USC 668 - 668d) o National Historic Preservation Act of 1966 (16 USC470 et seq) o Archaeological Resources Protection Act (16 USC 470aa - 470mm) o Archaeological and Historic Preservation Act (16 USC469- 469c) o Native American Graves Protection and Repatriation Act (25 USC 3001 - 3013) o Section 4(f) of the DOT Act (49 USC 303/23 USC 138) o Sect ion 6(f) of the Land and Water Conservation Fund Act o Clean Water Act o Coastal Barrier Resources Act (16 USC 350 1 - 3510) o Coastal Zone Management Act (16 USC 145 1- 1466) o Safe Drinking Water Act (42 USC 300j - 300j-26) o Rivers and Harbors Act (33 USC 403) o Wild and Scenic Rivers Act (16 USC 1271- 1287) o Emergency Wetlands Resources Act (16 USC 3901- 3921) o Flood Disast er Protec t ion Act (42 USC4001- 4130) o Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601- 9675) o Resource Conservation and Recovery Act (42 USC 6901 - 6992k) o Clean Air Act (42 USC 7401- 7671q) o Farmland Protection Policy Act (7 USC 4201 - 4209) o American Indian Religious Freedom Act (42 USC 1996) o Uniform Relocation and Real Property Assistance Act (42 USC 4601- 4655) 5 Executive Orders: o Executive Order 13751 (Safeguarding the National Against Invasive Species) o Executive Order 11593 (Protection and Enhancement of the Cultural Environment) o Executive Order 12898, Environmental Justice o Executive Order 11990, Protection of Wetlands o Executive Order 11988, Floodplain Management Up to 16 Decisions required under Federal Law: /\MERICAi\ pVERSIGHT CEQ050FY18091 _000002700 CEQ-18-0173-G-000027 o Clean Water Act (CWA) 401 (EPA/State) o CWA 402 (EPA/State) o CWA 403 (EPA/State) o CWA 404/Section 10 Rivers and Harbors Act (USACE) o FEMA Regulations for Special Flood Hazard Areas, 44 CFR Part 60 (State) o Coastal Zone Management Act (State) o RCRASite Approval (EPA/State) o ESA(NOAA, USFWS) o Migratory Bird Treaty Act (USFWS) o Eagle Protection Act (USFWS) o Marine Mammal Protection Act (NOAA) o Section 106 NHPA (FHWA, ACHP) o 4f DOT Act (FHWA) o 6f LWCF (NPS/State) o ARPA (NPS) o Section 9 Rivers and Harbors Act (USCG) o FAA Aeronautical Determination (FAA) Involving 9 Federal Agencies: /\MER l /\~ o USACE(404, Section 10) o FHWA (NEPA, 4f, 106 NHPA) o USFWS (ESA, MTBA, Eagle) o NOAA (ESA, MMPA) o NPS (6f LWCF, ARPA) o USCG(Section 9) o FAA (Aeronautical Determination) o ACHP (NHPA) o EPA (CWA/RCRA) pVERSIGHT 2 CEQ050FY18091 _000002700 CEQ-18-0173-G-000028 Re: Toda : POTUS S eech Excerpts for 2pm S eech in OH. From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> T o: "Hernandez, Tyler (Capito)" Cc: "Dorr, Kaelan K . EOP/WHO" Date: Thu , 29 Mar 2018 17:16:27 -0400 >, "Moore, Kelley (Cap ito)" Boom! Thanks Sent frommy iPhone On Mar 29, 2018, at 5:08 PM, Hernandez, Tyler (Capito) wrote: Hi, guys Wanted to let you both know that we just put out a supportive tweet on the president's speech today: >https://twitter .com/SenCapi to/status/97946480458 1638144< Let us know if we can do anything else to help. Thanks! Tyler From : Hernandez, Tyler (Capito) Sent: Thursday, March 29, 2018 11:17 AM To: Herrgott, Alex H. EOP/CEQ Cc: Tomlinson, Adam (Capito) ; Moore, Kelley (Capito) Subject:Re: Today : POTUS Speech Excerpts for 2pm Speech in OH. Sure thing, Alex . Happy to tweet in support of the president today . Will flag for you and for your Comms team once we do. Tyler Hernandez Communications Director Senator Shelley Moore Capito On Mar 29, 20 18, at 11:15 AM, Herrgo t t, Alex H. EOP/CEQ wrote: Adam , Would Senator Capito be w illing to put out a tweet or statement showing strong optimism abo ut getting something done this year, in addition to the Omn i. AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000000375 CEQ-18-0173-G-000030 Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO - IT'S ROAD BUILDINGTIME" but your choice entirely. Thanks Alex /\MER C/\~ pVERSIGHT 2 CEQ050FY18091 _000000375 CEQ-18-0173-G-000031 Re: Toda : POTUS S eech Excerpts for 2pm S eech in OH. From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> T o: "Barrett, Walker" Cc : "Bennitt, Ian" Date: Thu , 29 Mar 2018 12:54:30-0400 Hah Sent from my iPhone t@mail.house.g_o ',!> wrote: On Mar 29, 2018 . at 12 :10 PM, Barrett, Walker AMERICAN pVERSIGHT 2 CEQ050FY18091_000000379 CEQ-18-0173-G-000033 Re: Toda : POTUS S eech Excerpts for 2pm S eech in OH. From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Bennitt, Ian" Cc: "Barrett, Walker" Date: Thu , 29 Mar 2018 12:56:36-0400 Ford is for losers. Losers!!!!! Sent from my iPhone On Mar 29 , 2018 . at 12:56 PM, Bennitt, Ian wrote: Suffice it to say I'd rather be hungoverin Monterreythan talcingwrda meetings in Ford. IanH. Benrutt 1ment Subcommitt ee on WaterResources& Enviro1 e Committee Transportation& Infrastructur On Mar 29, 2018, at 12:54 PM, Hen gott, Alex H. EOP/CEQ > wrote: Rah Sent from m y iPhone On Mar 29, 2018, at 12: 10 PM , Barrett, Walk er wrot e: Forwarding to our press team.But we're all hungover in Monterreyso unsureof prospects. Sent from my iPboue On Ma.r29 , 2018, at 8:36 AM , Herrgott, Alex H. EOP/CEQ Gents, Would your bosses be wil ling to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni. Here are excerpts of POTUS' speech tha t are cleared for release. POTUSis likely to make more edits to the speech, but t his is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000000708 CEQ-18-0173-G-000034 work has already begun11 o If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FAST Act". I would also recommend a "#WAHOO - IT'S ROAD BUILDING TIME" but your choice entirely . Thanks Alex MR N PVERSIGHT 2 CEQ050FY 18091_ 000000708 CEQ-18-0173-G-000035 RE: Toda ? POTUS Speech Excer ts for 2pm Speech in OH. From "Hernandez, Tyler (Capito)" > , "Dorr, Kaelan K. T o: "Herrgott , Alex H. EOP/CEQ" EOP/WHO" Cc: "Moore, Kelley (Capito)" Date: Thu , 29 Mar 2018 17:08:48 -0400 Hi, guys Wanted t o let you both know that we just put out a supportive tweet on the president's speech t oday : >https ://twitter .com/SenCap ito/status/979464804581638144< Let us know if we can do anything else t o help . Thanks! Tyler From: Hernandez, Tyler (Capito) Sent :Thursday, March 29, 201811:17 AM To: Herrgott, Alex H. EOP/CEQ > Cc:Tomlinson, Adam (Capito) ; Moore , Kelley (Capito) Subject : Re: Today: POTUSSpeech Excerpts for 2pm Speech in OH. Sure thing, Alex. Happy to tweet in support of the president today . Will flag for you and for your Comms team once we do. Tyler Hernandez Communications Director Senator Shelley Moore Capito On Mar 29, 2018, at 11:15 AM, Herrgott , Alex H. EOP/CEQ > wrote: Adam , Would Senator Capito be willing to put out a tweet or statement showing strong optimism about getting something done this year, in add ition to the Omni. Here are excerpts of POTUS' speech that are cleared for release. POTUS is likely to make more edits to the speech , but this is good enough for you to use as you please . The key is to hit on "We expect with the President's leadership , working in lock step with Congress, further bipartisan infrastructure legis lation is going to happen this year AND that work has already AMR AN PVERSIGHT 1 CEQ050FY 18091_000001403 CEQ-18-0173-G-000036 begun". If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP -21 and FASTAct". I would also recommend a "#WAHOO - IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex /\MER C/\~ pVERSIGHT 2 CEQ050FY18091 _000001403 CEQ-18-0173-G-000037 Infrastructure Tweet From: "Manzelli, Brianna (Commerce)" To : "Herrgott , Alex H. EOP/CEQ" Date: Thu, 29 Mar 2018 15:55:23 -0400 Hi Alex - I just wanted to flag for you that we tweeted about today's speech from the @SenateCommerce handle a few minutes ago . Thanks, Brianna I Press Secretary and Digital Director U.S. Senate Comm ittee on Commerce, Science, and Transportation Sen. John Thune {R-SD) I Direct: Mobile: --Brianna Manzelli MR N PVERSIGHT 1 CEQ050FY 18091_000001408 CEQ-18-0173-G-000038 Sullivan Statement on President Trump's Infrastructure Speech From: "Anderson , Mike (Sullivan)" To: "Anderson , Mike (Sullivan)" Date : Thu , 29 Mar 2018 15:38:27 -0400 702 Dan Sullivan Sullivon.Senate. gov 11 SenDonSullivon FOR IMMEDIATERELEASE Contact: Mike Anderson March 29, 20 L8 202.224 .6727 NE\' ~ @SonDonS Sullivan Statement on President Trump's Infrastructure Speech WASHINGTON, DC - U.S. Senator Dan Sullivan (R-AK) , a memb er of the Senate Commerce , Science and Transportation and Environm ent and Public Works Committees, released the following statement in response to Pr esident Trump 's infrastructure speec h today in Ohio. "I applaud President Trnmp and his administration 's continlled focus and commitment on infrastructure - which I believe presents our nation with significant bipartisan opportunities especially as it relates to permitt ing reform and grow ing our economy ," said Senator Sullivan . "I look forward to continuin g to work with the Trump administration and my colleagues in the Senate on advancing an infrastructure plan this year, because every day we spend fighting the overwhelming gove mment bureaucracy needed to move forward on commo nsense proj ects to fix our roads, brid ges and w ater systems and build out our energy resource s and grid, is another day in which opportunit ies for economic growth are missed and our nation's cmmblin g infrastructure gets worse." fn 2017, Senator Sulli van introduced the Rebuild America Now (RAN) Act - legisla tion that provides a sound and detailed blueprint for fixing America 's broken publi c-works and environm ental review and permitting processes. That bill - much of which is reflected in the Trump admin istration's proposa l -provides realistic deadlines for en vironmental reviews , streamlines our outdated permitting proce ss and limits unnecess ary and frivolous delays. ### AMR AN PVERSIGHT 1 CEQ050FY 18091_000001410 CEQ-18-0173-G-000039 FW: NEWS: lnhofe Praises President's Infrastructure Speech From "Forbes, Andrew (lnhofe)" T o: "Herrgott , Alex H. EOP/CEQ" Cc : "Holland , Luke (lnhofe)" , "W right , Jennie (lnhofe)" , "Burke , Leacy (lnhofe)" Date : Thu, 29 Mar 2018 15:18:00-0400 > From: lnhofe , PressOffice {lnhofe) Sent : Thursday, March 29, 2018 3:17 PM To: lnhofe, PressOffice {lnhofe) Subject: NEWS: lnhofe Praises President 's Infrast ructure Speech James M.lnhofe U.S. SENATOR o OKLAHOMA FOR IMMEDIATE RELEASE LINK TO RELEASE March 29, 2018 Leacy Burk e (202) 224-4 721 INHOFE PRAISES PRESIDENT'S INFRASTRUCTURE SPEECH WASHINGTO N - U.S . Sen . Jim Inhofe (R-O kla.) prais ed the preside nt' s infrast ructure speec h he gave today in Ohi o: ''The president w as exac tly right today- we need a sweeping infra structure proposal to rebuild our nation 's infra structure. A major infra stru cture bill is more than ju st legislation-it is an investment in the economic future of individual s and communi ties around the country. We know the benefits: an increas ed GDP , stron ger economy, higher wages and skilled jobs . That's why I've been workin g with the president, his infra structure team and my colleagues on both sides of the aisle in both the Environment and Public Work s Committee and Commer ce Committee to craft legislation that AMR AN PVERSIGHT 1 CEQ050FY1809 1_000001411 CEQ-18-0173-G-000041 includes infrastructure principles we share. "T here are a lot of people saying that this can't get done ; that we don 't have the time , will or resources to make a needed investment in our critical infrastructure. I just remind people that last Congress no one thought we could pass a single infrastructure bill-but we did. Twice. With the president's leadership , we'll do it again. " ### /\MER C/\~ pVERSIGHT 2 CEQ050FY18091 _000001411 CEQ-18-0173-G-000042 Re: Toda : POTUS S eech Excerpts for 2pm S eech in OH. From: "Bennitt, Ian" To : "Herrgott, Alex H. EOP/CEQ" Cc: "Barrett, Walker" Date: Thu , 29 Mar 2018 12:55:56 -0400 > Suffice it to say I'd rather be hungo ve r in Monterrey than taking wrda mee tings in Ford. Ian H. Benuitt Subcommitteeon Water Resources & Envirolllllent Transportation & InfrastructureCommittee On Mar 29 , 2018 , at 12:54 PM, Herrgott, Alex H. EOP/CEQ wrote: Hah Sent from my iPhone On Mar 29, 2018, at 12:LOPM, Barrett, Walker wrote: Forwarding to our press team. But we're all hungover in Monterrey so unsure of prospects . Sent from my iPhon e On Mar 29, 2018, at 8:36 AM , Herrgott, Alex H . EOP/CEQ Gents, Would your bosses be willing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni . Here are excerpts of POTUS' speech that are cleared for release. POTUS is likely to make more edits to the speech, but this is good enough for you to use as you please . The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun" . If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infras tructure bill MAP-21 and FAST Act". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely . Thanks AMR AN PVERSIGHT 1 CEQ050FY 18091_000001414 CEQ-18-0173-G-000043 Alex MR N PVERSIGHT 2 CEQ050FY18091_000001414 CEQ-18-0173-G-000044 Re: Toda : POTUS S eech Excerpts for 2pm S eech in OH. From: "Barrett , Walker'' To : "Herrgott, Alex H. EOP/CEQ" Cc: "Bennitt, Ian" Date : Thu , 29 Mar 201812:10:24 -0400 > Forwarding to our press team. But we' re all hungover in Monterrey so unsure of prospec ts. Sent from my iPhone On Mar 29, 20 18, at 8:36 AM, Herrgott, Alex H. EOP/CEQ wrote: Gents, Would your bosses be w illing to put out a tweet or statement show ing st rong optimism about getting somet hing done th is year, in addition to the Omni. Here are excerpts of POTUS' speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, work ing in lock step w ith Congress, further bipartisan infrastructure legislation is go ing to happen this year AND that work has already begun" . If the question of pay for arises- "t he key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex MR N PVERSIGHT 1 CEQ050FY18091_000001415 CEQ-18-0173-G-000045 AMERICAN pVERSIGHT 2 CEQ050FY18091_000001415 CEQ-18-0173-G-000046 Re: Toda ? POTUS S eech Excerpts for 2pm S eech in OH. From "Hernandez, Tyler (Capito)" To : "Herrgott, Alex H. EOP/CEQ" Cc: "Tom linson, Adam (Capito)" Date: Thu , 29 Mar 2018 11 :17:03 -0400 > .gov> , "Moore, Kelley Sure thing, Alex. Happy to tweet in support of the president today. Will flag for you and for your Comms team once wed o. Tyler Hernandez Communications Director Senator ShelleyMoore Capito On Mar 29, 2018, at l 1:15AM, Herrgott, Alex H. EOP/CEQ Adam , Would Senator Capito be willing to put out a tweet or statement showing strong optimism about getting something done this year, in add it ion to the Omni. Here are excerpts of POTUS' speech that are cleared for relea se. POTUS is likely to make more edits to the speech, but thi s is good enough for you to use as you plea se. The key is to hit on "We expect with the President's leadersh ip, working in lock step with Congress, further bipartisan infrastructure legis lation is go ing to happen this year AND that work has already begun" . If the question of pay for arises-"t he key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bi ll MAP-21 and FASTAct" . I would also recommend a 11#WAHOO - IT'S ROAD BUILDING TIME" but your choice entirely . Thanks Alex MR N PVERSIGHT 1 CEQ050FY 18091_000001418 CEQ-18-0173-G-000047 AMERICAN pVERSIGHT 2 CEQ050FY18091_000001418 CEQ-18-0173-G-000048 RE: One Federal Decision Memorandum/Thursday Hearing on Marino Permittin Bill From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9 -he"> To: "Flores, Daniel" Cc: Date: "Neumayr , Mary B. EOP/CEQ " EOP/OMB" >, "Freeland , Jeff K. >, "Pataki, Tim A. EOP/WHO" >, "Dorr , Kaelan K. EOP/WHO" Mon, 09 Apr 2018 16:48:14 -0400 Daniel, That is great and much app reciated. One-FederalDecision MOU FactSheet: https ://www .whitehouse.gov/briefings -statements/president improving -inefficient -permitting-reviews/ -donald-j -trumps -administrat ion - Below are the linksfor the two executeddocuments: CEO/OMB Framewo rk: https://www .whitehouse.gov/wp -content/u ploads/20 l 8/04/M -18-13.pdf MOU : Implementation of One Federal Decision under EO 1307 https ://www .whitehouse .gov/wp-content/uploads/2018/04/MOU-One 13-Part-2.pdf -Federal-Decision-m -18- Give me a call wit h any quest ions. Alex From: Flores, Daniel Sent: Monday, April 9, 2018 4:22 PM To: Herrgott, Alex H. EOP/CEQ Cc: Neumayr, Mary B. EOP/CEQ Subject : One Federal Decision Memora ndum/Thursday AMR AN PVERSIGHT 1 > Freeland, Jeff K. EOP/OMB Hearing on Marino Permitting Bill CEQ050FY 18091 _ 000000366 CEQ-18-0173-G-000049 All, I just saw th at the "One Federal Decision Memorandum" has just been signed: https://www .whitehouse .gov/b riefings-statemen t s/p resident -donald-j -trumps -administrat ion i m provi ng-i neff icient -permitti ng-reviews/ Alex, Jeff, could one of you please send me today a copy of the executed memorandum and any backgrounde rs/associated materia ls you have about its release? We're about to hold a hearing (this Thursday at 10:00 a.m.) on the permit stream lining bill of Mr. Marino's we discussed dur ing the winter. The bill is expected to be introduced on Wednesday. It would be great to highlight ways in which it comp lements the OFDM document. All the best, Daniel Da niel M Flores Chief Counsel Subcommittee on Regulatory Reform , Commercial and Antitrust Law Committee on the Judic iary United States House of Representatives (ph) (cell) (202) 225-3746 (fax) Daniel. Flores@mail .house.gov MR N PVERSIGHT 2 CEQ050FY 18091 _ 000000366 CEQ-18-0173-G-000050 One Federal Decision Memorandum/Thursday Hearing on Marino Permittin Bill From "Flores , Daniel" To: "Herrgott , Alex H. EOP/CEQ" Cc: "Neumayr , Mary B. EOP/CEQ" EOP/OMB " Date : Mon, 09 Apr 2018 16:21 :57 -0400 > >. "Freeland , Jeff K. All, I just saw that the "One Federal Decision Memorandum" has just been signed: https ://www.whitehouse.gov/briefings -staternents/president -donald -j-trumps -administration imoroving -inefficient -oermitting -reviews/ Alex, Jeff , could one of you please send me today a copy of t he executed memorandum and any backgro unders/assoc iated materia ls you have abo ut its release? We're abo ut to ho ld a hearing (this Thursday at 10:00 a.m .) on t he permit streamlin ing bi ll of M r. Marino's we discussed during th e win te r. The bill is expected to be int roduced on Wed nesday. It wo uld be great t o highligh t ways in w hich it comp lemen t s t he OFDM d ocument. All the best, Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform , Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives (ph) (cell) (202) 225-3746 (fax) Daniel. Flores@mail.house.gov MR N PVERSIGHT 1 CEQ050FY18091_00000 1389 CEQ-18-0173-G-000051 RE: One Federal Decision Memorandum/Thursday Hearing on Marino Permitting Bill Fr om "Flores, Daniel" To: Cc: Date : "Neumayr, Mary B. EOP/CEQ" EOP/OMB" >. "Freeland , Jeff K. >, "Pataki, Tim A. EOP/WHO" >, "Dorr , Kaelan K. EOP/WHO" Mon, 09 Apr 2018 16:51 :22 -0400 Many t hanks! From: Herrgott, Alex H. EOP/C EQ [mailto Sent : Monday, April 09, 2018 4:48 PM To : Flores, Daniel Cc: Neumayr, Mary B. EOP/CEQ >; Dorr, Kaelan K. EOP/WHO Subject: RE:One Federal Decision Memorandum/Thu rsday Hearing on Marino Permit t ing Bill Daniel, That is great and much apprec iated. One-Federal Decision MOU Fact Sheet : https ://www .whitehouse.gov/briefings -statements/president-donald-j-trumps-administrat i m provi ng-i nefficient -permitti ng-reviews/ ion - Below are the links for the two executed documents : CEQ/OMB Framework: https://www .whitehouse.gov/wp-content/uploads/2018/04/M -18-l3.pdf MOU : Implementation of One Federal Decision under EO 1307 https ://www.whitehouse .gov/wp -content/uploads/2018/04/MOU 13-Part-2 .pdf -One-Federal-Decision-m-18- Give me a call wit h any quest ions. Alex AMR AN PVERSIGHT 1 CEQ050 FY 18091_ 000002224 CEQ-18-0173-G-000052 From: Flores, Daniel Se nt : Monday, April 9, 2018 4:22 PM To: Herrgott, Alex H. EOP/CEQ > Cc: Neumayr, Mary B. EOP/CEQ >; Freeland, Jeff K. EOP/OMB > Subject : One Fede ral Decision Memora ndum/ Thursday Hearing on Marino Permitting Bill All, I just saw t hat the "One Federal Decision Memorandum" has just been signed: https://www .whitehouse.gov/b riefi ngs-statements/p resident -donald -j-trumps -adm inistrat ion i m provi ng-i nefficient -permitti ng-reviews / Alex, Jeff, could one of you please send me today a copy of the executed memorandum and any backgrounders/associated materia ls you have about its release? We're about to hold a hearing (this Thursday at 10:00 a.m.) on the permit stream lin ing bill of Mr. Marino's we discussed dur ing the winter. The bill is expected to be introduced on Wednesday. It wou ld be great to hig hlight ways in which it comp lements the OFDM document. All the best, Danie l Daniel M. Flores Chief Counsel Subcommitteeon Regulatory Reform, Commercialand Antitrust Law Committee on the Judiciary United States House of Representatives (ph) (cell) (202) 225-3746 (fax) Daniel.Flores@mail.house.gov MR N PVERSIGHT 2 CEQ050FY 18091 _ 000002224 CEQ-18-0173-G-000053 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 October 17, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 5 Dear Mr. Evers: This letter is the fifth production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this fifth production, we have processed an additional 200 records and identified 331 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 360 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted some email addresses and phone numbers. We have determined that exemptions be applied in 6 redaction instances pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A C,IN pVERSIGHT Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment A\11 f C,/\N pVERSIGHT Page 2 of 2 NEC meeting with EPW/streamlining From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: Date: "Rusnak, Allison B. EOP/WHO" "Trenti, Beth (EPW)" Thu, 26 Oct 2017 12:45: 12 -0400 It appears that 3:30 works for all ofus. We can lock it in. Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality - AM RCAN pVERSIGHT CEQ-18-0173-E-000001 1 CEQ050FY18091_000000834 Hey.Canwe connecton infrabill From: To: jay_khosla@finance .senate.gov Date: Wed, 01 Nov 2017 11 :15:53 -0400 I am senate a bunch these days but can call my mobileWould be good to see you. Sent from my iPhone CEQ-18-0173-E-000002 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000800 FW: MBT MOU talkingpoints From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange adm inistrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he"> To: "Neely , Amanda (HSGAC)" Date: Thu , 25 Jan 2018 17:01 :23 -0500 From: Herrgott, Alex H. EOP/CEQ Sent:Thursday, January 25, 2018 4:32 PM To: 'ryan.a.fisher12.civ@mail.mil' ; 'Colosimo, Robyn S CIV USARMY HQDAASACW (US}' Subject:MBT MOU talking points The Army Corps of Engineers is proud to announce its leadership role in crafting the Administration 's first Memorandum of Understanding (MOU) between a state (Louisiana) and the federal government to expedite the permitting of a major environmenta l restoration infrastructure project. The MOU implements both the FAST-Act and the President's Executive Order 13807. This is MOU serves as the first of many anticipated successes of this Administration in reducing unnecessary and costly delays in the environmental review process. The MOU adopts the goal of permitting the project in 2 years as provided by the President's Executive Order and is a shining example of the Admin istra t ion's commitment to reestablish the beneficia l cooperative relationship with the Federal government and states that have opted to fully fund these vital infrastruc t ure projects . This is also a significant achievement for the Federal Permitt ing Council: The seven federal signatory agencies are members of the Federal Permitting Improvement Steer ing Council (Permitting Council) . Established by the FAST-Act, the Permitting Council increases transparency and predictability in the federal permitting process through the developmen t of project time lines, track ing projects on a public dashboard , and coordinating all federal author izations. The President ' s Executive Order directed the Permitting Council members to go beyond the requirements of the FASTAct and issue One Federal Decision for major infrastructure projects, such as the Mid-Barataria Sediment Diversion. As the first of its kind, this MOU provides a roadmap for other major infrastructure projects to expedite complex environmental reviews by coordinating the necessary Federal and State agencies. THE PROJECT CEQ-18-0173-E-000003 AMERICAN pVERSIGHT 1 CEQ050FY 18091_ 000000740 The State of Louisiana has suffered greater coastal loss than any state in the nation: an area about the size of Delaware since 1930. The state continues to lose coastal land at the average rate of a football field every 90 minutes. One major cause of the coastal land loss is the leveeing of the Mississippi River after the devastating flood of 1927 - without allowing some of the sediment laden river water to return to the wet lands where it deposits silt and offsets the natural subsidence of the coastal areas. Hurricanes Katrina and Rita in 2005 underscored the importance of rebuilding the coastal areas of Louisiana both to serve as storm surge protection for inland areas of the state and to return a wide range of environmental benefits to the state and nation. The State of Louisiana, its peop le through a const itutional amendment committing certain funds to this activity, both political parties and the legislature are all fully comm itted to coastal restoration as a priority goal of the state. o The settlement of natural resources damage claims and other Deepwater Horizon claims against British Petroleum and their partners in late 2016 provided the funding that allowed the State of Lou isiana to move forward with this first major environmental restorat ion project to restore and protect its coastal areas. o This first major project, the Mid -Barataria Sediment Diversion Project, will allow sediment laden Mississippi River water to flow into the coastal wet lands at certain times of the year to replenish the wetlands and offset subsidence . o The Mid-Barataria Project is a $1.3 bil lion project that will be funded totally with state funds - no federal funds will be invo lved. o Despite being a state sponsored project, tota lly funded by the state and existing totally within the state, th e state cannot proceed without numerous federal permits. o The initial response of federa l agencies to the request for federal permits for this project was that it would take a minimum of 6 years to obtain these permits. In light of the continuing loss of coastal areas at a rate of a footba ll field every hour and a half, this time line is absolutely unacceptable to the people of Louisiana. o The President's Executive Order 13807 establ ishes the goal of a 2 year time line. The MOU that could be announced at the Economic Development Luncheon establishes a 2 year time line goal for th is project. o This first MOU between a state and the federal government is not for an econom ic development infrastructure project, but for an environmental restoration infrastructure project . The project will provide a large number of jobs and other economic benefits, which have not yet been calculated. o The M id- Barataria Project is supported by several national environmental groups, which support expediting its construction. CEQ-18-0173-E-000004 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000000740 Alexander Herrgott Associate Direct or for Infrastructure Council on Environmental Quality AM RCAN pVERSIGHT CEQ-18-0173-E-000005 3 CEQ050FY 18091_000000740 FW: WSJ (TJD quoted):Trump's Infrastructure PushTargets PermitRules From "Herrgott, Alex H. EOP/C EQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdll)/cn=recipients/cn=45656107f8dc4dc 18bb68 1d14e44c8e9-he"> "Holland, Luke (lnhofe)" , To: andrew _forbes@inhofe .senate .gov, "Wright, Jennie (lnhofe)" Date: Thu, 25 Jan 2018 16:20:34 -0500 "one federal decision" is going to be a key talking point . >bttps: //www .wsj.com /articles /trumps-infrastructure -push -targets -permit -niles - 151687 6202< Trump 's Infrastructure Push Targets Permit Rules Administration looks to streamline process for building roads and bridges, but opponents see risky environmental agenda Wall Street Journal By Ted Mann January 25, 2018 U.S. Chamber of Commerce President Thomas Donohue last week was nearing the end of a speech urging Congress to rebuild the nation's infrastructure when he offered another option: At least make it easier to build things when the money can be found. "If we just fix the permitting thing this year, you would create an extraordinary enthusiasm about moving forward ," Mr. D onohue said, at a special forum on infrastructure in which he urged lawmakers to take tough votes, including on raising gasoline taxes, in a midterm election year. President D onald Tnunp hasn ' t said where he w ill find $200 billion in budget savings that the White House says it will use as a down payment on an infrastructure package that it hopes will generate more than $1 trillion in spending over 10 years . But money isn ' t going to be the only impetus in the president 's infrastructure push. The administration is hoping to roll back regulations in place for decades to reduce the period between project approval and construction, limiting environmental reviews and litigation in favor of getting big things built. The effort is likel y to face resistance from environmental groups and their D emocratic allies in Congress. But the president 's advisers belie ve they can alter the permitting process in ways that change how the government builds roads , bridges , rails and pipelines for years to come. "Regardless of what happens with the legislati ve package , I think one of the most important things this administration can do is take permit delivery times from what is now an average of 4.7 years down to CEQ-18-0173-E-000006 AMERICAN pVERSIGHT 1 C EQ050 FY 1809 1_ 000000 744 rwo years ,' said lexandcr Hcrrgott, the lead infrastructure aide on the White House's Council on Environmental Quality , at a conference in Washington this month . " I truly believe it's politics-a gnostic , and somethin g that will outli ve this administration ," he added . The campai gn is part of a broad Tnunp administration effort to roll back regulations and constraints on business across the federal government. Mr. Trump has said he hopes to cut back the volume of federal regulation to levels of the 1960s. That deregulatory agenda has drawn support from bu incss group who say it will boost the economy , but it has prompted concern from cn\'ironmcntal advocates and conswncr groups who warn that the administration ri k undoing years of progre in reduc ing accidents and ollution . Previous president have tried to treamline the federal permitting process a a way to jump-start rebuilding of the nation .s critical infrastructure . That includes President Barack Obama , who signed the FAST Act in 2015 , a bipartisan transportation fundin g packa ge that created a federal pcrmi11in impro cmcnt council aimed at speeding up the environmental re iew process . r. Obama also issued cxccuti e orders , as r. Tmmp as, aimed at improvin? the efficiency of uch reviews . Mr . Trump an d his aides have cited studies suggesting that en ironme nta l review can often take a decade and calling for that period to be reduced to two years . A Go eminent Acco untabili ty Office study of the environme nta l review process in 20 14 cite Date: Fri, 09 Mar 2018 11: 12:28 -0500 Hah Sent from my iPhone On Mar 9, 2018, at 10:56 AM, Barrett , Walker wrote: Dude get out of my inb ox! From:South Carolina Business Council [mailto:scbusinesscouncil@gmail.com ) Sent: Friday, March 09, 2018 9:08 AM Subject: Speaker Announcement: SCBCMarch Meeting: Tuesday March 13 at 8:30 am Dea r Fri ends The Marc h me eting of the South Carolina Business Council will be held Tuesda y, March 13 at 8:30 a.m. in room H-122 of the Capitol. Please enter the building through the south entrance. Our guest speaker will be Alex Herrgott, the White House Council on Environme ntal Quality's Associate Director for infrastructur e with Martin Whitmer, Whitmer & Worrall, LLC, serving as Chair. A tentative sche dule of 20 L8 SCBC meetings is be low. All regular meeting s w ill take place in room H-122 of the Capito l; the holiday reception will take place in H-137. If you would like to serve as a breakfast chair for an upcomin g meeting, please contact m e. Please stay hmed for further announ cements as we finalize the sched ule . April 17 - Speaker: Congressman Jeff Duncan (SC-03) May 15 June 12 - Speake r : Congress man James E. Clyburn (SC-06) July 17 No Meeting During August Recess September 4 October 2 November 27 Holiday Reception December 4 CEQ-18-0173-E-000010 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000002987 In addition , please save the date for the 2018 South Carolina Prayer Breakfast. The breakfast will take place on Wednesday , July 18. Checks for 2018 du s should b made payable to the South Carolina Business Council and sent to the Treasurer. You can also pay online through the link in the attached form. Connie Myers Nelson Mullins Riley & Scarborough LLP 101 Constitution Avenue , NW , Suite 900 Washington , DC 2000 I Best regards , Lin Whitehouse Plea .e note that the South CarolinaBu ;ness ounci/ is a 501(c)(6) organi-atio11. ontributionsto section 501(c)(6) organizationsare not deductibleas charitable contributions on the donor' federal income fax retum. They may be deductiblea trade or bu ine expenses if ordinary and nece smy in the conduct of/he taxpayer' bu ine . CEQ-18-0173-E-000011 AMERICAN PVERSIGHT 2 CEQOSOFY 18091_ 000002987 WorkforceProposals From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange adm inistrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc To: david _cleary@alexander.senate .gov Cc: "McKee, Kara L. EOP/WHO" Date: Sun, 11 Mar 2018 15:00 :27 -0400 18bb681d14e44c8e9-he"> David, Thanks for chat Friday. Lets us know if we can come in and brief the team . https:// www .whitehouse.gov /wp-content /uploads /2018 /02/INFRASTR UCTURE -211 .pdf pg 51 Thanks Alex CEQ-18-0173-E-000012 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000817 Tomorrow's hearings . From To: Date: andrew_neely@commerce.senate.gov, patrick _fuchs@ com merce .senate.gov , fern_gibbons@commerce .senate .gov Mon, 12 Mar 2018 12:44:51 -0400 Do you all have witness testimony yet you can share. I want to coordi1iateWH press message Who are contacts in fisher/wicker office. Sent from my iPhone CEQ-18-0173-E-000013 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000802 RuralFormularuns--TA "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> "Arnakis , Adr ian (Commerce)" , "Neely, To: Andrew (Commerce)" , "Fuchs , Patrick (Commerce)" Date: Mon, 12 Mar 2018 11:42 :17 -0400 Attachments .pdf (888.47 kB); v2.pdf (28.48 kB) These were draft initia l runs from months ago. This is deliberative and pre-decisional. We can adjust and work this however you want, as the program to create this run is at housed at USDA. Please keep tight as we never released this to anyone on Hill. Here is a simple description of the formula: Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000014 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000805 CEO-1 8-0173-E-00001 5 1 CEO-1 8-0173-E-000016 1 RE: RuralFormularuns--TA From "Arnak is, Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" To: "Neely , Andrew (Commerce)" , "Fuchs , Patrick (Commerce)" Date: Mon, 12 Mar 2018 12: 16:28 -0400 Thanks Alex. From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, March 12, 2018 11:42 AM To: Arnakis , Adrian (Commerce) ; Neely, Andre w (Commerce) ; Fuchs, Patrick (Commerce) Subject: Rural Formula runs--TA These were draft initial runs from months ago. This is deliberat ive and pre-decisional. We can adjust and work this however you want, as the program to create this run is at housed at USDA. Please keep tight as we never released this to anyone on Hill. Here is a simple description of the fo rmula: Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000017 AMERICAN pVERSIGHT 1 C EQ050 FY18091_000001 487 RE:Tomorrow's hearings. From: "Fuchs, Patrick (Commerce)" "Herrgott , Alex H. EOP/CEQ" To: "Neely , Andrew (Commerce)" , "Gibbons , Fern (Commerce)" Date: Mon, 12 Mar 2018 12:51 :39 -0400 3.13.18_Gilmartin _Tes timon y .pdf (8.94 MB); 3. 13.18_Kass_ Testimony .pdf (470.35 Attachments kB) ; 3.13.18_Schneweis _Test imony .pdf (270.7 kB); 3.13.18_Strang _Test imony .pdf (900 .91 kB); Berry Testimony.pdf (1.18 MB); DeBroux Testimony .pdf (299.47 kB) ; Gillen Testimony FINAL.pdf (138.34 kB) ; Resn ick Testimony .pdf (323.45 kB); Romano Testimony.pdf (112.79 kB) Close hold, attached. Wasik, Paul (Fischer) In addition to Ellen: Zwirblis, Dave (Wicker) ; Trusty, Olivia (Commerce) Thanks. Patrick Fuchs 1- -----0 riginal Message----From: Herrgott, Alex H. EOP/CEQ [mailto. Sent: Monday, March 12, 2018 12:45 PM To: Neely, Andrew (Commerce) ; Fuchs, Patrick (Commerce) ; Gibbons, Fem (Commerce) Subject: Tomorrow's hearings. Do you all have witness testimony yet you can share. I want to coordinate WH press message Who are contacts in fisher/wicker office. Sent from my iPhone CEQ-18-0173-E-000018 AMERICAN pVERSIGHT 1 CEQ050 FY18 091 _ 000002248 N.:LC o ' LEAGUE OF CITIES I CfflES NATIONAL STRONG TOGETHER STATEMENTOF The Honorable Daniel P. Gilmartin, Executive Director and Chief Executive Officer, Michigan Municipal League On behalf of the National League of Cities BEFORETHESENATECOMMITTEEON COMMERCE,SCIENCE,ANDTRANSPORTATION Rebuilding Infrastructure in America: State and Local Transportation Needs MARCH 13, 2018 WASHINGTON, DC Michigan Municipal League 1675 Green Road Ann Arbor, Ml 48105 800.653.2483 [general email] The Michigan Municipal league is dedicated to making Michigan's communities better by thoughtfully innovating programs, energetically connecting ideas and people , actively serving members with resources and services, and passionately inspiring positive change for Michigan's greatest centers of potential: its communities. 1 CEQ-18-0173-E-000019 AMERICAN PVERSIGHT 1 CEQOSOFY 18091_ 000002249 Good afternoon , Chairman Fischer, Ranking Member Peters and Members of the Subcommittee. I am Dan Gilmartin , Executive Director and CEOof the Michigan Municipal League, representing more than 500 Michigan cities and villages, from Ironwood in the upper peninsu la to Detroit. I want to thank you for the opportunity to share the perspective of local leaders across my state and the country. I'd also like to thank the Committee - and Senator Peters in particular - for his work to engage with cities on the A.V. STARTAct and cybersecurity legislation. Cities across the country have been ground zero for the safe testing of autonomous and connected vehicles, and we wil l continue to lead the way in the strategic, safe and effective dep loyment of this exciting technology . As noted in comments fi led to USDOTthis month, cities stand ready to be a partner to maximize the benefits of advanced transportation for all citizens across all regions - both urban and rural. I am here today on behalf of the cities of Michigan as well as the National League of Cities (NLC), the oldest and largest organization representing cities and towns across America . NLC represents 19,000 cities and towns of all sizes across the country. I appreciate the opportunity to be with you today as the congressional conversation around infrastructure begins to ask the toug h questions city leaders have been asking for years - how can we improve the conditions in every community across the country, how do we use every do llar strategically and how can we work together to solve our nation's infrastructure chal lenges . Local-Federal Partnership on Infrastructure I'd like to begin by saying something simple but often misunderstood - cities are your partner in infrastructure. We are not here for a hand-out from Congress, but rather we need a better partner in the federal government. Local governments own, operate and maintain 78 percent of the nation's road miles, 43 percent of the nation's federal-aid highway miles, 50 percent of the nation's bridge inventory and support our local transit systems. Additionally, local governments fund 95 percent of the nation's water and wastewater investments, and more than 750 communities run munic ipal broadband. Cities and states over the past decade have invested more than $3.8 tri llion in municipal bonds, yet as a nation, we are still more than $2 trillion behind in known needs . Historica lly, the federal government has invested significantly to build national infrastructure - highways, rail, electricity, water and water resources - while states and cities have built out connections and maintained these assets in partnership with the federa l government. Cities use substantial portions of their budgets on infrastructure costs. As you have likely heard, cities have been stepp ing up with our municipa l bonds, our fees, our sales taxes and other resources, but while some communities have every tool availab le to "self-help," they are the exception and not the rule. In fact, cities in 47 states face one or more state limitations on how they raise funds for infrastructure . 2 AMERICAN PVERSIGHT CEQ-18-0173-E-000020 2 CEQ050FY18091 _000002249 In spite of these limitations , city leaders remain committed to continuing to do our part , but cities' success does not come from being islands of our own. Cities want to rebuild America's infrastructure collaboratively with our federa l and state partners because it is what connects us together as a country and is the base of our economic success. We benefit from its connectivity, its flow and the workforce and economic development that rides on it. Today, I' d like to br iefly share not only our prescript ion for a successful infrastructure bil l that wou ld work collaboratively with cities , but also shed some light on the urban -rural divide and how commerce can and should take a central role in improving our infrastructure, accelerating our reg ional success and encouraging the economic vitality of our rural and urban cities, both large and small. LocalPrinciples for National Infrastructure Investment Cities believe a national, comprehensive infrastructure shou ld al ign wi t h five gu iding princip les: bi ll that support cities is essential, and it 1. SustainableInvestment. Together, cities and our federal partners must address the existing core infrastructure backlog , reestab lish long-te rm funding and use new technologies that wil l serve America ' s cities for the next 100 years. Congress must step up to join cities in the fight to repair our nation's crumbling infrastructure and build for 2050, instead of simply fixing 1950. We should take immediate action to fill shortfalls , but most importantly, we also must advance pilots and proposa ls for a long-term user- fee funding model today in an infrastructure package, so we can get out of this broken funding cycle. 2. Locally-Driven Projects. Local leaders, from cities large and small , are best positioned to identify where infrastructure needs are greatest in their commu nities and should be given a stronger vo ice in how limited federal dol lars are invested. As Congress has seen from the popularity of Transportation Invest ment Generating Economic Recovery (TIGER), Infrastructure For Rebuilding Amer ica (INFRA) Grant Program , Transportation Alternatives Program and Surface Transportation Block Grants , the silos of the past are not a good match for the needs of today's natio nal networks or to build the places peop le want to live and work. Flexibility of localities to estab lish integrated programs and use multiple funding sources will be imperative. 3. Federal- LocalPartnership. Cities are already paying their fair share and need a steady federa l partner to fund existing national programs and make significant capital investments for the long-term benefit of the economy . Infrastructure projects are 3 AMERICAN PVERSIGHT CEQ-18-0173-E-000021 3 CEQ050FY 18091 _000002249 plan ned years in advance. Eliminating programs in budgets or not knowing if the Highway Trust Fund dol lars are going to be exhausted is a significant challenge that impacts the abilit y of local governmen t s to plan and strategically invest . Cit ies need a reliable and significan t partner in the federal governme nt for infrastructure. 4. Expand Revenue Tools. Cities shou ld be given more flex ibility to raise revenues and use innovati ve financing tec hniq ues to dr ive regio nal investments t hat t ie into t he nat ional network. This must be done while protect ing existing financing tools, such as the tax exemption for municipal bonds and quali fi ed private activity bonds (PABs). Many state laws preemp t or limit t he ability of city governments to raise local taxes, creat ing an oftentimes insurmountable barrier to local governments pursuing investments in their infrastructure . In Michigan for example, of the five most common tools for raising capita l for infrastructure investment, cities are only authorized to use one, a statewide infrastructure bank. Congress should consider all federal incentives that discourage states from limiting local decision mak ing. To understand your state's preemptive measures that limit city abilities t o raise funds for infrastructure, refer to NLC's report, Paying for Local Infrastructure in a New Era of Federalism. 5. Rebuild and Reimagine. Cities are leading the way in building intermodal, sustainab le and interconnected infrastructu re networks that support a modern economy. We are investing in making the places that peop le want to live and work while working within our regions to build connectivity. Congress should invest in cities' vision to rebuild and reimagine America's infrastructure, ultimate ly bolstering econom ies across the country. We believe these princip les create a baseline for a bipart isan bill t hat could collect ive ly bring all partners to the table . Every day Congress waits, America's infrastructure gap grows, and it simply costs everyone more to fix it. In many cases, cities are forced to patch together rather than rebuild for the future. Letting our infrastructure get to an emergency status is not an ideal scenar io - emergency fixes cost more than regular main tenance and improvements. The best time is now for Congress to join us in rebuilding nat ional networks and core infras t ructure tha t delivers what Americans wa nt- great infrastr ucture that works for them and the economy. Creating Rural and Urban SuccessThough Connections Throughou t the infrastructure discussion, a theme about rural America versus urba n America's infrastructure has emerged, often pitting them against each other. However, a new report, Bridging the Urban-Rural Economic Divide, just comp leted by the National League of Cities, shows that sustainable growth is not necessarily defined as much by being "urban" or "rural" but rat her by its economic connec ti ons, such as infrastructure connectivity and market access. This finding is incredibly significant to the consideration of the Commerce Committee. If sustainable growth of rural areas hinges on the connectedness of places, strengthening core 4 AMERICAN PVERSIGHT CEQ-18-0173-E-000022 4 CEQ050FY 18091_000002249 regional and national transportation networks can be a chief driver in the success of rural America as well as urban America. Congress Must Move Forward and Rebuild With Cities In closing, cities know that fixing America 's infrastructure wil l take significant additional commitment from every leve l of government - federa l, state and local - without letting up on progress that can be made through existing infrastructure programs. We each have our ro le to play, and we thank Congress for hearing our stories today of what we are experiencing on the ground across America. Too many bridges are in a state of disrepair, our internet lags beh ind, families drink from bottled water in the absence of safe tap water, and all the while, federal investments have fallen behind an ever-increasing demand. We are watching our major infrastructure systems break down in slow motion - from age, from wear and tear, from increased usage and from a lack of maintenance. Due to the lack of consistent funding, we also see that across all workforce sectors that build and maintain this infrastructure we are experiencing significant workforce pipeline gaps. America's infrastructure is a system being pushed to its limits, and with federa l, state and local areas needing to find an additional $2 trillion just to keep what we have working, it is time to rebuild and reimagine how our infrastructure network works for us and our economy. On behalf of the Nationa l League of Cities and the Michigan Municipal League, I thank you for the opportunity to submit this testimony on an issue of essential importance to our nation's cities. Attached to this testimony is additional information regarding local priorities for an infrastructure plan and recent research by NLC on urban and rural economies, and state preemption of local financ ing options. I look forward to your questions. 5 CEQ-18-0173-E-000023 AMERICAN PVERSIGHT 5 CEQ050FY18091 _000002249 NLC CITIES STRONG NATIONAL LEAGUE OF CIT IES TOGETHER REBUILD AND REIMAGINE AMERICA'S INFRASTRUCTURE WWW.NLC.ORG/INFRASTRUCTURE GUIDING ~ SUSTAINABLE PRINCIPLES 'VJ#INVESTMENT ~ LOCALLY-DRIVEN ~ FEDERAL - LOCAL """ ~ PARTNERSHIP Together . cities and our federal partners must address the exist ing core infrastructure backlog , reestablish long-term funding and use new technologies that will serve America 's cities for the next 100 years. Loca l leaders , from cities large and small , are best posit ioned to identify where infrastructure needs are greatest and should be given a stronger voice in how limited federa l dollars are invested. ~ EXPAND REVENUE ~ REBUILD AND VII TOOLS Cities should be given more flexibility to raise revenues and use innovative financing techniques while protecting exist ing too ls, such as taxexempt bonds, to drive regional investments that tie into the national network. 1lfl PROJECTS Cities are already paying their fair share and need a steady federal partner to fund existing national programs and make significant capital investments for the long-term benefit of the economy . REIMAGINE Cities are leading the way in bu ilding intermodal , sustainable and interconnected infrastructure networks that support a modern economy. Congress must invest in cities' vision to rebuild and reimagine America's infrastructure. CEQ-18-0173-E-000024 pVERSIGHT 6 CEQ050FY18091 _ 000002249 NLC calls on Congres s to improve our nation's water infrastructure by passing legislation that will : Reauthorize and p rov ide federal fund ing for water infrastructu re impr ove ments t h rough t he Clean Water and Drinking Water State Revolving Loan Fund (SRF) p rogra ms; Provi d e full approp ri ation to the Water Infrastructure Finance and Innovation Act (WIF IA) for loans and loan guarantees fo r wa ter infrastructure projects , t o jump -start t he U.S. Army Corps of Eng inee rs W IFIA prog ram, and to permanent ly establish the program beyon d a p ilo t program; Remove the federal volume cap on tax-exemp t bonds for water and wastewate r infrastructu re pro j ects, which will make addi t ional private capi tal availab le for water projects; Establ ish a comprehensive and flexible integrated planning and perm itting process for local water, wastewa t er and stormwa t er managemen t that will allow communities to meet their requirements under the Clean Water Act and Safe Drinking Wate r Act in an e ffici ent and cost - effect ive manne r through the sequencing and schedu ling of projects; lncent ivize green infrastructure techniques t hat can reduce flooding and help manage stormwater runo ff in a more cost -ef fective way;and Clarify that rebates provided by local water utilities to homeowners for water conse rvation and wate r effic iency are no t subject t o a federal income tax. NLC calls on Congress to update our nation 's broadband infrastructure by passing legislation that will : Expand broadband access t o underse rved neighbo rh oods by eliminating st ate ba rr iers to mun icipa l broadband networks; Target federal money to community inst it ut ions , underse rved commun it ies, and low -i ncome families by fix ing funding shortfalls in the Federal Commun ications Commission's Universal Service Fund and modernizing contribu ti on methods; Estab lish a broadband grant program to accompany the U.S. Department of Agriculture's Rural Ut ilit y Service Broadband Loan prog ram and increase the population threshold fo r eligible areas to at least 20,000; Increase funding fo r Commun ity Development Block grants and Choice Neighborhoods grants , so that loca l governments can allocate fund ing for broadband planning and dep loyment alongs ide affordable housing and neighbo rhood improvement pro j ects; Expand the HUD ConnectHome program to ensure a g rowing number of HUD-assisted households w ith chi ld ren have Internet access;and Increase the financia l viab ility of middle- and last-mile broadband infrastructure investment w ith dig once polic ies for inclusion of condu it or fi be r placement in fede rally- funded inf rastructure p roj ects. CEQ-18-0173-E-000025 CEQ050FY 18091_000002249 NLC calls on Congress to invest in our nation's worldorce by passing legislation that will: NLC calls on Congress to modernize our nation 's transportation infrastructure by passing legislation that will : Build on the Workforce Innovat ion and Opportunity Act (WIOA) by creat ing additiona l workforce funding and tra ining programs through joint partnerships between the U.S. Departmen t of Labor (DOL), U.S. Department of Transportation (DOT) and U.S. Environmental Protection Agency (EPA); Identify a long- t erm, sust ainab le revenue source that keeps the Highway Trust Fund fully funded to be used for bo t h rebu ild ing and ma inta ining new invest ments; Expand dedicated fund ing for sector-based partnerships t hat would j ump-star t local infrastructure pro j ect s and maintain necessa ry skilled labor; Fund t ranspor t ation infrastructure projects by putting money direct ly into the hands of local governments, who are b est equ ipped to ident ify high priority projects and inves t in a coordinated , inte rmodal network; Expand funding and opportunities to bridge the skills gap for those interes ted in an apprenticeship program ; Connect Investments to ex isting loca l Career and Techn ical Education (CTE) programs and workforce deve lopment boa rd ini t iatives focused on infrastructure skill develop ment ; Increase federa l funding for existing programs that suppor t all modes o f tr ansportation, inc luding t he Transportat ion Investmen t Generat ing Econom ic Recove ry (T IGER) p rogram, Transpo rtat ion A lternat ives, t he Surface Transportation Block Grant Prog ram, New Starts, and the Smart City Challenge; and Main tain ou r current wo rk force by ensu ring protections for immigrants , including those wi t h Deferred Ac t ion fo r Ch ildhood Arriva l (DACA) status; and Create greater flexibili ty for private investment in infras tr uct ure, wh ile also recogn izing tha t public -priva t e par t nerships may only be viab le fo r a limi ted numbe r of infrastructure projec t s. Improve housing affordability by incent ivizing mo rtgage lending for wo rkforce hous ing. AMERICAN pVERSIGHT CEQ-18-0173-E-000026 8 CEQ050FY18091 _000002249 NLC CITIES STRONG NATIONAL LEAGUE OF CITIES TOGETHER ABOUT THE NATIONAL LEAGUE OF CITIES The National League of Cities (NLC) is dedicated to helping city leaders bu ild better communities. NLC is a resource and advocate for 19,000 cities , towns and vi llages . representing more than 218 m illion Americans . #REBUILD WITHUS ... ....... CEQ-18-0173-E-000027 :.. OF CITIES ,ii-. C ITIES STRONG TOGETHER MISSING fNF STRUCTURE . "! TOOLS FOR CITIES 4 : Through no fault of their own, cities could lose out on critical infrastructure funding simply because they do not have access to "self-help" tools. Some loca lities can tap into "self-h elp" local revenue-ra ising and financ ing mec han isms, such as loca l sales tax, loca l income tax and publ ic-p rivat e pa rt 1.1er ships , yet many cannot due t o structural and state lim itat ions . W ith our nation's road, tran sit, wate r and othe r infras truc ture in cri tica l need of repai r, new federal infrast ru cture investmen t is welcom e news. Wh ile cit ies ra ise signi ficant fu nd ing fo r infrastruct ure already, the re is a gap left by rap id deteriorat ion of existing infrast ructu re assets and an increasin g need for new and expa nde d systems. Th is, matched w ith a reced ing fede ra l par tn ersh ip and lim itations on the typ es of tools available to cit ies to fund and finance infras t ructure, requires t hat Cong ress' new infrastruct ure investment proposal: 0 Recognize that cit ies have uneven access to funding and financing tools. The ability o f ci ti es to meaning fully address infr ast ructur e cha llenge s is bound by levers autho rized to them by states . For examp le, loc al option sales tax es are authorized to cit ies in 29 states, whereas a loca l o pt ion fue l tax is aut ho rize d in only 16. Stat es and th e federa l govern ment must mak e sure all tools to finance infr astructu re are available to c it ies. 8 Maintain and enhance the local-federal partnership. Cities are financing two ou t o f every th ree infrastruc ture projects, but a st rong fe de ral pa rtnersh ip is essent ial to crea te a seamless . integra t ed and eff icient netwo rk of infrastructure that meets ou r nat ional economy's needs . 0 Drive smart and locally -driven infrastructure upgrades. City lead ers are best pos itione d to identify where infra structure needs are grea test and should be give n a stro nger vo ice in how limit ed fed eral do llars are spent. They are oft en leadi ng the way with sma rt city investmen ts that can un lock congested cor rido rs, fill the ho les in our broadband map and make rep lacements to our pipes before they burs t. 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CEQ-18-0173-E-000029 pVERSIGHT 11 CEQ050FY18091_000002249 Paying for local infrastructure in a new era of federalism A STATE- BY-STATE ANALYSIS CEQ-18-0173-E-000030 pVERSIGHT 12 CEQ050FY18091 _ 000002249 NATIONAL LEAGUECENTER FORCITYSOLUTIONS oF CITIESAND APPLIEDRESEARCH About the National League of Cities The Nat ional League of Cit ies (NLC) is the nation 's leading advocacy organizat ion devoted to strengthening and promoting cit ies as centers of opportunity , leadership and governance. Through its membership and partnerships with state municipal leagues, NLC serves as a resource and advocate for more than 19,000 cit ies and towns and more than 218 million Americans. NLC's Center for City Solut ions and Applied Research provides research and analysis on key topics and trends important to cities and creative solutions to improve the quality of life in commun ities. About the Authors Nicole DuPuis is t he Principal Associate for Urban Innovat ion and Christiana K McFarland is the Research Director of NLC's Center for City Solut ions and Applied Research. Acknowledgments This report is the second project outcome of a research collaborat ive between NLC and t he state municipal leagues. We are grateful for the guidance, survey part icipat ion, data verificat ion and infrastructure fund ing narratives from state municipal leagues. The authors would also like to acknowledge Trevor Langan, Research Associate, who contribu ted to the research. analysis and wri ti ng of the report ; Soren Messner-Zidell. Program Manager. Infor mation Design and Visual Storyte llfng, who designed the report: and Paul Konz. Senior Editor, w ho edited the repor t. A very special t hanks as well to our panel of reviewers who lent the ir time and expertise : Joshua Franzel, Josep h Kane, Michael Pagano and Mart in Wachs. Methodology This study of local infrastructu re fund ing too ls began w it h a survey to t he 49 state municipal leagues about opt ions available to cities in their state. Thirt y eigh leagues respo nded to our survey. We then examined exist ing sources of data on local infra.structure fund ing from t he Amerfcan Association of State Highway Offic ials, t he U.S. Census, state departmen ts of transportat ion (DOTs) and revenue and ot her federa l and state governmen t resources. Determfna ti ons to the accuracy of data were based on the date of publ ication and further clar ification and verification from t he st ate municipal leagues. Photo cted its: A ll photos Getty Images. 2016. 2016 (C) Nat iona l League of Cities CEQ-18-0173-E-000031 AMERICAN PVERSIGHT 13 CEQOSOFY 18091_ 000002249 TABLE OF CONTENTS 2 Executive Summary 3 Introduction 7 Local Option Taxes 12 Emerging 17 Discussion 18 Conclusion Tools CEQ-18-0173-E-000032 fl I I ; I o I I I I I o o Paying for local infrastructure in a new era of federalism Local Fuel Option Tax Local Option Sales Tax A uthorized Au th orized -not used No t aut hor ized $ General revenue o Io Limited Public Private Partner ships Author ized Not autho rized Au thor ized No t author ized I II Roads Local Option Motor Vehlcle Regi strati on Fee Autho rized Autho rized-not used No t author ized State Infrastructure Bankso o Aut horized Autho rized-n o t used No t aut hor ized -No te: A ll states have a revolving fund ro, waler. Trans it ' Water/wastewater $ $ oo 1 1ERICAN NATIONA L LEAGUE pVERSIGHT o:: CEQ-18-0173-E-000033 CITIES 15 CEQ050FY18091 _ 000002249 Executive Summary Our nation's infr ast ru ct ur e is in deplorable conditi on, with a growing backlog of projects made worse by a slow economic recovery. Declining funding, increasing mand ates and misaligned priorities at the federal and state levels have placed respons ibility squarely on local governments to maintain roads, upgrade water and wastewater systems and accommodate growing tran sit ridership. This represents a new federalism in which cit ies are taking the lead on issues historically driven by federal and state governments. Underm ining thi s new dynam ic, however, is insufficient funding authority at the local level. The ability of cities to meaningfully address growing infrastructure challenges is bound by levers authorized to them by states. The report is based on state, federal and local government data as well as a survey and interviews with our state municipal league partners. We find that: 29 This report presents a state-by-state analysis and comparison of the local tools to fund infrastructure, including local option taxes and fees, such as sales truces, fuel taxes and mot or vehicle fees, as well as emerging mechanisms like state infrastructure banks and public-private partnerships. Most cities are limit ed in terms of the number and scope of infrastructure funding tools. Cities also face additional implementation hurdles like county administration overlays and voter approval requirements. Of cour se, cities are marrying the tools explored here with others, but a patchwork of tactics will only take them so far. Cities need a more deliberate approach that recognizes the central role of infrastructure in the success of our nation's economic engines. states authorize local option sales taxes. 16 states authorize local option 26 32 27 states authorize local option fuel tax es. motor vehicle registration fees. states authorize public private partnerships. states have state infrastructure banks. r---ATIONAL L EAGUE OF CITIES CEQ-18-0173-E-000034 pVERSIGHT 16 2 CEQ050FY18091_000002249 Paying for local in frastructur e in a n ew era of federalism Introduction A new federalism - one in which cities lead the nation's most critical ch allenges is emerging and can be seen pr ominentl y in th e funding and manag ing of our infr ast ru ctur e systems. States and local governmen t s own the vast major ity of the nation's roads , highways , transit systems, drinking water and wastewater systems. 1 With significant decline in federal investment , and less predictable funding from states, local governments have assumed an even greater proportion of :fiscal responsibility.2 Unfortunately , this devolution has not been sufficiently matched with funding or decision making authority at the local level. As a res ult, spending on infrastructure maintena nce and new investments are the most widespread fiscal stressors for city governmen ts.3 At the federa l level , the primary funding source for infrastructure is imperiled. The federal fuel tax, which supports the Highway Trust Fund , has not been raised since 1993. Meanwhile, reductions in per capita vehicle miles traveled, coupled with increased fuel efficiency standards , have resulted in net revenue losses for the Fund. If current spending and revenue projections are accurate, the Fund will amass a deficit of $180 billion over the next decade .4 The outlook is not much brighter for water infrastructure, where federal grants and loans to cities are dwindling in the fac e of grow ing need . At the state level, declining gas tax revenues have made state programs and fundi ng to cities increasingly unreliable . In Michigan , the state has moved away from use r fees as the sole dedicated source of reven ue for infras tructure, placing a $600 mill ion dollar burden on the General Fund to fund infrastructure. This will very likely lead to cuts in other areas of the budget that could negat ively affect cities. Other states are diverting dedicated gas tax revenue to balancing the state budget instead of addressing critical infrastructure needs. And where the gas tax is not sufficient, some states are ra iding local revenues to help fill the maintenance funding gap . In rare instances where states have budget surpluses, like Minnesota, lawmaker s aie favoring one -time spend ing inc reases on transportation over permanent tax increases . Add itio nally, state spe nding prior ities, both for capital projects and infras tructure grants, a re often not aligned with city needs or priori ties. For 3 ERICAN NATIONA L LEAGUE pVERSIGHT o:: CEQ-18-0173-E-000035 CITIES 17 CEQ050 FY 18091_00 00022 49 example, state departments of transportation tend to favor highway and road projects over other types of infrastructures investments. The state of New Hampshire currently has a moratorium on state aid grants for water and sewer projects . Cities had already completed some of the projects with the intention of using these state grants to help pay down bond payments. In Georgia, cities have some input into state level transportation priorities. Yet, they are increasingly required to pay for the wastewater , trans it and roads. This state-by-state analysis explores local option taxes and fees, such as motor vehicle fees, sales and fuel taxe s, as well as emerging mechanisms like state infrastructure banks and public-private partnerships. 5 To further understand how these tools contribute to the capacity of cities to meet their increasing fiscal responsibilit ies, we assess: maintenance of state routes, thus limiting revenues Whether the state grants access to cities to utilize the tool; for other local priorities. Matching requirements also pose significant barriers, particularly for smaller cities. For instance, localities in Wyoming are findin g it extremely difficult to identify matching funds. Many smaller cities also face design and build specificat ion hurdles , which are often tied to state funding . In West Virginia, state water and sewer funding requires new projects to meet specifications that are often "one size fits all" and very complex. Complex and inflexible funding requirements discourage cities from applying for more funding. It can also result in cities being left with huge operation and maintenance costs as well as with the difficult job of finding certified staff to operate the systems. Of course, the relationship Whether voter approval is required ; and Whether the county administers the tool with a distribution of revenue back to cities . We also discuss the extent to which cities are authorized to use the tools to address local infras tructu re priorities , or whether t hey are restricted to particular uses such as roads . We argue that broader permissible uses (e.g. usage stipulated for roads , transit and water / wastewater as opposed to roads alone) provides greater flexibility to cities to meet their complex needs. that cities have with their states extends well beyond intergovernmental transfers and grants. Local governments are nested within state structures, and states decide whether cities can rais e revenues for infrastructure. Due to funding challenges atthe state and federal levels, th e authority ofloca l governments to raise revenue - and the ability to freely spend those funds - is vital to maintaining roads, upgrading water and wastewater systems, accommodating increasing transit ridership, and strengthening the overall compet itive position of cities. This analysis is not intended to be inclusive of all mechanisms but instead invent ories and assesses a number of key ways cities pay for local infrastructure. 6 This common understanding of whether and how these tools are authorized is particularly relevant given an antagonistic political landscape in which many state legislatures and governors are seeking to limit taxes, like local opt ion taxes. Within this context, and through the lens of infrastructure funding, this report sheds light on the challenges cities face as they embrace the ir roles within the new federalism. This report exam ines th e tools available to cities to fund infrastructure, including water and r---ATIONAL L EAGUE OF CITIES CEQ-18-0173-E-000036 pVERSIGHT 18 4 CEQ050FY18091_000002249 The Infrastructure Deficit The decline in infrastr ucture invest ment, rapid deter ioration of existing infrastr ucture assets and t he need fo r signi fi cant upg rades is common ly referred to as the infrast ructu re def icit. Below are the sho rtfa lls specific to each type of infrast ructur e included in th is ana lysis: ROADS The current leve l of infras tructure investme nt is insuffic ient to maintain Am erica's roa ds ove r the lon g term. Presently , the comb ined annu al capital investments, of all levels of govern ment. amounts to $91 b illion.7 The Fed eral Hig hway Adm inistr at ion estimates that $170 b illion in cap ita l invest ment is needed annually to sign ifican t ly improve road cond it ions and pe rformance. 8 TRANSIT 45 pe rcent o f Ame rican househol ds lack any access to tran sit. and w ith th e except ion o f reside nts in a handful of large U.S cit ies, most w ith access ca nnot re ly on it as thei r sole means of mobi lity . Even so, inc reasing interest in dense , urban living has resulted in a U.S. t rans it r ide rship inc rease of 9.1 pe rcen t over the last decade .9 Many c it ies and trans it agencies are g rapp ling w ith ma inte nance funding reduct ions wh ile simul t aneous ly ma nag ing debt burd ens and accommoda ti ng surges in ride rship . WATER/WASTEWATER Ame rica's water systems are in dire need of repa ir: the majo rity of the nat ion's wa ter systems are be tw een 50 and 150 years old .10 The Amer ican Society for Civi l Enginee rs (ASCE) est im at es th at $1.3 t rillio n in capital invest ment is requi red to ge t was te and storm wa t er systems up to par over the next 20-25 years. Moreove r, the U.S. Env ironmenta l Pro tect ion Age ncy (EPA) has estim ated tha t $38 4.2 b illion is needed to fund drink ing wate r infr ast ruc ture improvements and maintena nce.11 . 12 Wate r infra struc tur e main tenance needs are st raining c ity budgets and at current capac ity, cit ies cannot m ake up th is def icit.13 s CEQ-18-0173-E-000037 ERICAN pVERSIGHT 19 CEQ050FY18091 _ 000002249 Georgia in Focus 0 Cities invest far more local revenue in infrastructure projects and improvements than they receive from the state. Each year, the state of Georgia ded icates 10 - 20 percent fo r loca l road and b ridge im provemen t s. This am ount is d istributed based on a fo rmu la t hat includes po pu lation and cente rline road mi les. There is also a relative ly small infr astruct ure ban k fo r transpo rtat ion-related gran ts and loans, but it is very competi t ive and few c ity pro jec ts get funded . Cities invest far more local revenue in infrast ruc t ure projec t s and im provements t han t hey rece ive from the state. The state has fr eq uent ly threat ened to raid loca l revenues to meet state budg et shor tfalls. Last year, stat e leg islators at tempt ed to ta ke $500 m illion in loca l revenues to help mee t a $1 bil lion gap to mainta in ex ist ing state roads. Polit ical p ressure fr om local off icials and city advoca te s d eterred leg islators tro m raidi ng local revenues . Instead they inc reased th e state gas tax . If t he state had been successf ul. c iti es wou ld have been fo rced to impl ement a sizeable property tax increase. As part of t he gas tax increase legislat ion, t he state also g ave c it ies the opt ion to call for a regiona l tax o r an incre ment al sales tax (.0 5 - 1 pe rcent ), to be vot ed on by local residents. Source : Georg ia Municipal Associat ion. 20 16 implemented transportation -related ~.~---~liliilliillil .. State Infrastructure BanlY state ; BJ .population .Access.to broadb~riq High:-value businessJ;wrowth prosperiiy growth t;o .Education , See appendix for individual state data ; CEQ-18-0173-E-000059 ; Io I II I I oo This analysis finds that : o In all states , urban areas outpace their rural counterparts in broadband access . States with overall higher levels of broadband access also have more significant urban-rura l digital divides , underscoring the importance of extending affordable broadband to rural areas . o States with strong levels of educational attainment have less conspicuous educational divides between urban and rural areas. Often , rural areas are home to universities, which connect rura l residents to educational opportunities and narrow the gap . o Although urban areas have somewhat stronger rates of high-value business growth (growth of establishments in exporting industry sectors), rural areas don't appear disadvantaged in this characteristic . In fact, many rural areas outpace their urban counterparts in creating high-value businesses. o Most states do not have significant urban-rural divides in prosperity growth . defined as their per capita contributions to state GDP (gross domestic product). Both urban and rural areas contribute to states ' economies . These nuanced findings show the complexities of the urban-rural divide. One consistent theme , however, is the importance of infrastructure connectivity and market access , indicating that sustainable growth hinges on the connectedness of places, not necessarily their designation as urban or rural. In what follows, the report defines urban and rural , presents a detailed analysis of economic divides with comparative maps , and offers strategies , policy considerations and state, regional and local examples of those working to bridge the divide by strengthening urban-rural economic interdependencies. CEQ-18-0173-E-000060 Ill I ; 1o 11111 o o Bridging the Urban-Rural Economic Divide Defining Urban and Rural "The use of 'urban vs. rural' as shorthand for economic prosperity falls apart on some level. There are rural areas that enjoy prosperity, whether it's built on tourism or an anchor institution such as a university. And there are urban areas that are struggling to provide jobs and services to residents, such as cities built on legacy manufacturing industries that have long since shuttered." // NORTH CAROLINA LEAGUE OF MUNIC IPALITIES Despite extens ive nationa l d iscussions abou t th e urban -r ural d ivid e, the words "urban" and "ru ral" are not olten d ef ined in a parallel manner. Some researchers defau lt to "metro po litan" and "non -metro po litan" as defined by the Offic e of Management and Budget. W hile data is more read ily availab le using these categor ies, the terms are not entire ly com parab le w ith "ur ban" and "rura l." For examp le, in the 8 NA T IO NA i C U.S., 20% o f compl etely rural count ies and 31% of most ly rural counties are pa rt of metropo litan areas. Likewise, 6% of mostly urban co unt ies are designate d as non-met rop olita n.5 A lternativ ely, this analysis defines urban and rural using the U.S. Census Bureau definit ion, w hich bases ru rality on populat ion size, den sity, land use and distance to an urban area. EAGlJE O F CITIES CEQ-18-0173-E-000061 ERICAN pVERSIGHT 43 CEQ050FY18091 _ 000002249 With in these parameters, the bureau defines t hree levels of rurality : comp letely rural (704 count ies), most ly rural ( 1,185) and most ly urban ( 1,253) . In th is report, we comb ine completely rural and mostly rural catego ries to allow us to exam ine and present state- by -state urban-rura l d ivides. This analysis app lies the bu reau's def inition to all 3,042 count ies in the country. It also desig nat es each county ( instead of city) as either urban or rural because of limita tions in econom ic data. In t he U.S., about fou r out of fi ve (81%) peop le live in an urban area. Pennsy lvania (7 9%), Oregon (81%). Californ ia (95%), New Jersey (95%), Nevada (94%) and Massach usetts (92%) are t he most urban states in th e country by p ercen t of po pu lation (see Map 1 and appendix da ta table 1) Califo rnia, Texas, Flor ida and New York contain the larg est urban popu lat ions . Maine (39%), Vermont (39%), West Virg inia ( 4 9%) and Mississip p i ( 49%) have th e highest pe rcentages of rural residents. Texas. North Carolina, Pennsy lvania and Oh io have t he largest numbe r of rural resid ents of any st ate. This analysis f inds, howeve r. t hat even th is defi nit ion of urban and rural does not adequate ly cap t ure the nuances of the urban-rural relat ionsh ip . The following sect ions on b road band access, educat ion, grow th of high-va lue businesses and pro sperity growth help to refine and broade n our unde rstand ing of urban and rural, and the econom ic relationships between th em. A ll references to urban- rural d ivide are the percentage d iffe rences between urban and rural by state. Map 1: Urban-Rural Population Divide O n ly four states have greater rura l than urban populations . Percent diffe rence be tw een urba n and rural populat ion by state Mostl y rura l More urba n than rural ? Most ly urba n Source : U.S Census Bur eau, 2075 Connecticut. Delaware, New Jersey and Rhode Island lack rural counties, and Hawaii only has one . For this reason, these states are excluded from the rest of the analysis . NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000062 pVERSIGHT 44 9 CEQ050 FY18091_000002249 Bridging the Urban-Rural Economic Divide Broadband Access "Many parts of the state are in virtual dead zones and that limits their ability to attract businesses and residents." // LEAGUE OF AR IZONA CITIES AND TOWNS Using 2016 data p rovi d ed by the Federal Com m unica t io ns Comm ission, "b roadb and access" is defined as t he d ifference in t he p ercentage of peop le liv ing in urban and rura l areas w ithout access to high speed lnterne t. 6 Nat ion w id e, 10% o f Americans do not hav e acc ess to broad band, w ith rural areas expe rienc ing sig n ifican t ly greater access challenges . In a wo rld d omina ted by on line co m mun icat ions, th is d ig ita l d ivide seve rely lim its rura l reside nts' access to on line job ap plicat ion and emp loy me nt oppo rtu nit ies, on line highe r ed uc at ional and tr ain ing oppo rt un it ies, p ub lic schoo l learn ing, research oppor t un it ies, hea lth - 10 ca re and government serv ices . The d ig ita l div ide also limi t s rural areas. capac ity t o grow and at t ract b usinesses and retain and att ract reside nts . Urban- rura l d ivides in broad band access are inv ersely relate d to t he percen t of sta te populat ion w it hout access t o broa dband . This means tha t as ove ral l sta te access inc reases, so too does the divide in access be tween urban and rural areas. Broa db and access te nd s to cluster in urb an areas be cause it is a gua ranteed market for private prov id ers , unl ike less dense ly popu lated rural areas. 7 Even in rural areas whe re broad band NA T IONA i ~EAGlJE O F CITIES CEQ-18-0173-E-000063 RICAN pVERSIGHT 45 CEQ050FY18091 _000002249 is availab le, it is oft en much more expensive, lead ing to gaps not only in access, but also in adopt ion. 8 t io n o f popu lat ion w ith broadban d access inc lude New Yor k, Pennsylvan ia, Wash ington. Mary land and Massachuset t s (see append ix d ata table 2) . Sta tes with t he mos t sign if icant ur ban- rura l dig it al divides and most significant lack of high-speed Internet access include Wyom ing, A laska and Ok lahoma . There are no states in wh ich r ura l areas have more peop le with access to b roa d band than urban areas. Overal l, rural com mun ities have 37% m o re resi d ents w ithou t broadband access. as compared t o t he ir urb an counte rparts . A laska has the m ost sign itican t dig ital d ivide, w ith a gap ot 62%, mea ning that r ural areas in A laska have 62% percen t more people witho ut ac- Although Massachusetts performs wel l regard ing b roadba nd access, th e sta te was act ively seek ing pr ivate secto r compan ies t o provide h igh-speed serv ice to underserved areas . The extens ive cap ita l expe nd it ures needed to bu ild broadband ne tworks and a requ irement that they connec t 96% of homes and bus inesses in the town , howeve r, hindered t he interest of those companies . The state agreed that fo r underserve d commu niti es, instead of cess to broadband than the state's urban areas. Massachusetts has the narrowest d igita l div ide, w ith rura l areas having only 8% m or e people w ithout broadban d ac cess than urban areas (see Map 2) . Stat es wi t h th e narrowes t urba n- rura l d ig ita l div ide t hat hav e the highes t propor - Map 2: Urban-Rural Broadband Access Divide In all states , broadband access is higher in urban areas than rural. Percent difference between urban and rural broadband access by state Slight ly highe r urba n access ? Higher urba n access ? Much higher urban access No da ta State average ? States w ith broadband access highe r t han th e average state access rate (86%) Source: Federal Commumcat,ons Comm,ss,on, 2076 NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000064 pVERSIGHT 46 11 CEQ050FY18091 _ 000002249 Bridging the Urban-Rural Economic Divide "There is a role for government to play in this policy area, which up until now has been left entirely to the private sector." // NORTH CAROLINA LEAGUE OF MUNICIPALITIES requ irin g provi de r s to se r v ice 9G% o f t h e lower rat es th an t h ei r pr ivat e - secto r coun - town immed iate ly, it would co nside r pro j ects t hat wou ld p lan reach th is goa l ove r t im e.9 This small adjustme nt was enough to ga in inter est o f seve ral businesses th at are now compet ing for pro jec ts in rura l commun it ies. ter part s.10 No t all loca l gov ernme nts. how ever, are ab le to prov ide m unic ipa l broadb and serv ices. In 20 17, t he Nat ional League o f Cit ies iden tifi ed 17 states t hat p reem pt, or don 't allow, t heir c it ies or towns to crea te pub lic bro ad ban d serv ices .11T hese inc lud e some sta te s w ith lowe r th an ave r ag e broad band access and more signif icant rural d isadvantages, inc lud ing A rkansas. A laba m a and Nebras ka. Some commun it ies are also exp loring mun icip al broadband, wh ich me ans th at loca l gov ernmen t pays for all o r p art of th e access . A 20 18 Harva rd Univers ity stu dy fo und t hat com mu n it y-owne d b roadband net wor ks prov id e co nsu mers w it h m uch 12 NA T IONA i_ EAGlJE O F CITIES CEQ-18-0173-E-000065 L RCAN pVERSIGHT 47 CEQ050FY18091 _000002249 Education "Inl(entucky, the biggest challenge is in the eastern part of the state, due to the mountainous terrain, generational poverty, too much reliance on one industry (coal) and the prevalence of drug abuse. These all contribute to lower economic development and educational attainment, as well as lack of urban cores around which rural areas can cluster." //KENTUCKY LEAGUE OF CITIES Level of educa t ion is measu red as t he p ercen t o f t he population 25 and older wi th at least some coll ege edu ca t ion (U.S. Census Bureau 2015) . Post-seconda ry ed ucation and train ing remains t he sing le best ident ifier of those mov ing to the mid d le and upper c lass. The number of jo b s ava ilab le t o ind iv idu als w it h at least som e coll ege or bett er has nea rly quadrupled since 1973, growing from 25 m illio n to 91 m illion in 20 15.12 Ur ban-r ural d iv ides in educ ati on al attai nmen t t end to be narrower in states w it h g reate r p ro portions of their po p ulation wi t h at least some col lege ed uca t ion . The education di v ide also t rac ks bac k to th e NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000066 pVERSIGHT 48 13 CEQ050 FY18091_000002249 Bridging the Urban-Rural Economic Divide d ig ita l d ivide. State educa t io n atta inment levels tend to be h igh er in states that do a good jo b ma nag ing th eir leve ls of d ig it al div id e. In other words, the more access to broad band, the greater p roport ion o f peop le abl e to attain edu cation . the widest divide that favo rs rura l com munit ies . Ap prox imate ly 9% m o re peop le in ru ral areas t han ur ban areas of Vermont have at least some col lege educa t ion , reflective of t he hig h d ensity of rural un iversities in the st ate. On average, 59% of those 25 and o lder in the U.S. have at least some co llege edu ca t ion. Urban areas have 7% more peop le w ith at least so me co llege educat ion, when compa red t o ru ral areas. Kentu c ky has t he most sig nifican t div ide, w ith ur ban areas hav ing 17% mo re peop le wi th at leas t so me college than rural areas (see Map 3). Cali forn ia has th e narrowest educa t ion d iv ide, wit h urba n and rura l areas hav ing about th e same pro po rt ion of p eop le with at least some college education. Vermont has States w it h both t he narrowest urban -ru ral educat iona l divides and th e g reat est pro por ti on of the pop ulation wi t h at least some co llege inc lude Utah, Washing ton and Co lo rado (see append ix da t a tab le 3). Of the 24 states outperforming th e nat ional ave rag e fo r educat ional atta inment, only one sta t e, Alaska. has an urban -rura l edu cationa l d iv ide t hat signif icantly d isadvantag es rura l areas. Map 3: Urban-Rural Education Divide States with less than average educationa l attainment also have greater urban-rural divides. Percent d ifference between urban and rural population 25 and o lder with at least some college by state Sligh t ly higher rural attainment Sligh tly higher urban att ainment ? Highe r urban attainme nt ? Much higher urban atta inmen t No dat a Stat e average ? States w ith perce nt of popu lat io n 25 and older w ith at least some co llege ed ucation g reater tha n the average state rate (59%) Source: U.S. Census Bureau. 2075 14 NA T IO NA i RICAN pVERSIGHT C EAGlJE O F CITIES CEQ-18-0173-E-000067 49 CEQ050FY18091 _000002249 Of the 21 sta t es that are un d er perfo rmi ng , 76% have d iv ides t ha t sign ifi can t ly d isad van ta ge rural areas. Those st at es w ith t he most sig nifica nt urban- rura l d iv ides and lowest st atew ide at ta inmen t levels of educa t ional att ainm ent incl ude A laba m a, West Virg in ia, Tennessee and Kentucky. job oppo r tun it ies like free lance work and p rov id e "p os t -employm en t incen t ives" to compan ies for jobs crea ted in ta rget ed areas, bu t also d irect the Uta h State Un iversi ty extens io n o ff ices to work w it h rural p ar ts of the state for on line jo b t raining at the hig h schoo l and co llege level to prepare stude nts. To qualify, commun it ies mu st d emons t rate th at they stru gg le w it h high un em p loyment. They mus t also have acc ess t o hig h-s pee d lnterne t. 13 A key issue fo r st ates w ith mo re signifi cant urba n-rur al educat io n d iv ides is rura l ta len t att rac tio n and re ten t ion. Even Utah, which pe rfo rms well on b o th ove rall st ate education at tain ment and a low urban- rural d ivide, st r ives to create good wo rk oppo rt unit ies for you ng peop le in rur al areas to d iscou rage t hem fr om leav ing for employment and tr aining opportuni t ies elsewhe re . The stat e leg islat ure is con sid er ing econom ic deve lo p m en t leg islat ion that would no t only grow rur a l on line NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000068 pVERSIGHT 50 15 CEQ050FY18091_000002249 Bridging the Urban-Rural Economic Divide High-Value Business Growth High -va lue bus iness g rowth measu res the format ion of new bus inesses in traded-sectors (U.S Cluste r Mapping Project ca lcula- growth in wag es, and it' s not lim ited to urban areas. A lthough urban areas have somew hat st rong er grow th rates, a clea r ru ral t ion s based on U.S. Census Burea u, 20 10 - d isadvantage 2015). New bus inesses p lay a majo r role in job crea t ion and innova t ion in th e Ame rican economy. Even more so, new businesses in tr aded - sectors are parti cu larly "high -value" because they pro d uce goods and serv ices used by consumers outs ide the reg ion. This brings new money into the area and con nects commun it ies to state, nationa l and g lobal supply cha ins. Trade d- sectors also prov ide sig nific ant econom ic benefits to loc al areas because t hey tend to pay h igher wages. rural areas actua lly outpace the h igh-value bus iness growt h of their urban cou nte rparts. On average, across states urban areas on ly had 3% greate r g rowt h in t raded secto r estab lishments than rural areas. Maine has the most sign if icant d ivid e, w it h rural areas out pacing their urban cou nter parts by 25% (see Map 4 ) . Ohio has the narrowes t d ivide , w it h urban and ru ral areas hav ing approx imate ly t he same rates of grow th Kansas has the mos t sign if icant d ivide favo r ing urban areas with 20% more grow t h o f bu siness estab lishments in urban parts o f t he stat e. States wit h st ro ng er g rowth of new high -val ue businesses tend to expe rience stro nge r 16 NA T IONA i ~EAGlJE O F CITIES CEQ-18-0173-E-000069 RICAN pVERSIGHT does n o t ex ist In man y states, 51 CEQ050FY18091 _ 000002249 urban areas in these sta tes is connected to and large ly depende nt on rural indus t ries. A stu dy o f Oregon urban-ru ral economic relat ionships found that, "many job s in urban areas we re hist or ical ly t ied to t he natu ral-resou rces indu str ies. The legal, fin anc ial, trade and transpo rt at ion sector s serviced nat ural resources, and a number of urban - based food and wood - process ing man ufact urers also depen ded on raw mater ials from the ru ral areas."14 Similar ly, althoug h a leading industry in Idaho is agr iculture, so t oo is food and beverage p rocessing, which exten ds the rural-base d value cha in thr oug hou t th e state. The stat es with both a narrow urban -rura l d ivide in the grow t h of tra d ed-sec tor establishments and hig h overa ll grow t h inc lud e Califo rn ia, A laska and Wyom ing (see append ix da ta tab le 4 ). Of the 21 states out pe rformin g t he average growth of t raded -sec tor establ ishmen ts, 76% eithe r favor rural areas or have no significant d ivide between urban and rur al par t s of t he state. On ly f ive states t hat are perform ing above average have urban -rural bus iness grow t h d ivides that sign ifican t ly favo r more urban pa rts of the state, inc lud ing Massachusetts, Idaho. South Dako ta, Nebr aska and Monta na. Interes t ing ly, the major ity of th ese st ates are large ly rur al, w it h ex tensive econom ic act ivity or ig inat ing in rural areas. The success of Map 4: Urban-Rural High-Value Business Growth Divide States with stronger high -value bus iness growth have narrower urban -rural divides. Percent difference between urban and rural growth in traded-sector bus ine sses (2010-20 15) by state Much stronge r rural growth Stronge r ru ral growt h Stronge r urban g rowt h ? Much st ronge r urban growth No data State average ? States with high -value business growth g reater tha n th e avera ge state g row th rate (0.5 4%) Source: US. Census Bureau. 2070-2075 NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000070 pVERSIGHT 52 17 CEQ050FY18091 _000002249 Bridging the Urban-Rural Economic Divide Prosperity Growth The co nce p t of "prospe r ity" im plies t he gene ral pro duct iv ity and standar d of liv ing in a pa rticular p lace . Prosper ity grow t h is measured as the per cap ita change in contribution to gross d omest ic p roduc t. or GDP (U .S. Cluster Mapp ing Project calcu lat ions based on Moody's econo my.com da ta, 2010 20 15) . A lthoug h GDP is not a f ull measure of economic we lfa re, it does approx imate the product iv ity (outp ut per hou r worked). st rength and ov era ll sta ndard of liv ing of a place 15 On average, state -l evel p ro speri ty g rew 2.7% dur ing the post -r ecession pe riod t hroug hout th e U.S. Those states w it h greater d ig ita l div ides between urb an and ru ral areas exper ience grea te r d ivides in prosper ity grow t h that d isadvan tage ru ra l commun it ies. This find ing co rro borates a McK insey g loba l stud y on t he econom ic impact of the Internet that found tha t increases in Internet access str ong ly co rre late w it h inc reases in real per capi ta GDP.16 At near zero, Pennsy lvania has the narro west d ivide between urban and rural prosper ity g rowth (see Map 5) . Nevada has t he w idest gap favo r ing ru ral areas, with rural areas experie nc ing 5% g reat er pros perity grow th than the ir ur ban coun terpa rts . Nor th Dakota has the w idest ga p favo ring urba n areas, at 6% g reate r pros per ity growth in these pa rts o f the stat e. The stat e's o il boom (due to States w ith grea ter grow th in the ir contr ibu tio ns to nat iona l GDP have st ron ge r employmen t growth an d wage grow th. Prospe rity g rowth also links bac k to the d igi ta l d ivide. 18 NA T IONA i ~EAGlJE O F CITIES RICAN pVERSIGHT CEQ-18-0173-E-000071 53 CEQ050FY18091 _ 000002249 Michigan has bot h a nar row urban -rura l prosper ity d iv ide and higher state p rosperi ty growth. Mic higa n's GDP growth is attr ibuted p rima rily to t he rebound of t he manu fact uring industry, pa rticula rly advanced manu factu ri ng, as well as ag ricu lt ure and freshwater technology .17 Of t he 26 sta tes outperfo rming t he average in prospe rity grow th, 92% either favor rural areas or have no sign ifican t div ide be tween urban and rural pa rt s of the state . hydraul ic fract uring, o r frac king) accou nts for much of th is g row t h. Al t hough fr ack ing occu rs pr imar ily in rural par ts of No rth Dakota, the rura l energy industry has an exte nsive multipl ier effect throughout t he st ate, pa rticularly in urban areas, wh ich p rov ide the indus t ry with legal, financia l, trade and t ranspo rtat ion serv ices as wel l as techno log ica l innovat ions. The vast major it y of sta tes w ith strong growth ove rall d o not have sign ificant urban- ru ral div ides when it comes to prosperity growth (see appen dix data tab le 5) . Rural areas in many states con tr ibu te t he same, if no t more, than urban areas to the growth of the state economy. A lthough energy p roduct ion acce lerated g rowth in the rural parts of many states from 2010-2015, not all states w it h strong ru ral prospe rity g rowth resu lted from frac king . Several states, incl ud ing New Hampsh ire and No rth Dakota , have sign ifi cant p rosperity grow th and urban -rural prosperity grow t h div ides that favo r urban areas. Again, these are highly rural states, with str ong eco nom ic bases in ru ral commun ities t hat ext end into urban areas and throughout t he state. Map 5: Urban-Rural Prosperity Growth Divide States with stronger prosperity growth have narrower urban -rural divides . ....-. ---. o 0 t o., o o. ..' . . . .. o o t o I o ' -.. t oo Percent difference between urban and rural prosperity growth (2010-2015) by state ' . ...... .. - .. . - .. . Much highe r rural g row t h Higher ru ral grow t h Hig her urban growth ? Much highe r urban grow t h No da ta state average ? St at es w ith prospe rit y g rowt h g reater t han t he average state grow t h rate (2.7%) Sour ce: U.S. Cluster Mapping Project calculations based on Moody's economycom data , 2070-20 75 NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000072 pVERSIGHT 54 19 CEQ050FY18091 _000002249 Bridging the Divide CEQUSGFW 809 1 _000002249 "Rural areas struggle to find 'drivers ' to their economic eng ines." //FLORIDA This analysis of key econom ic inputs, busi ness env ironments and econo mi c outcomes g ives con text to and tests trad it ional narratives about the urb an-ru ral d ivide. Challenges exist fo r rural commu niti es, bu t not uniforml y. Strengths and o pportun it ies are also wide spread, as ind icated by sign if ican t role of rural economies to the growth of urban areas in many states throughou t the country. These find ings signal t hat o ther cr it ical d rivers, beyond a strict urban- rural d ivide, are at play. LEAGUE OF CITIES rura l ta lent, in frastructure and hous ing, are impera ti ve to a comprehensive econo mi c deve lopmen t str ategy, those things in and of t hemse lve s are not ind ust ry d rivers. Grow th dr ive rs can be found, however, in th e linkag es among urban and rural p laces. One app roach that holds great prom ise for bolstering t hese linkages is industry cluster str ategy . Industry clusters are geog raph icall y conce ntr ated f irms in a part icu lar f ield linked to each othe r via st rong netwo rks of spec ialized supplie rs and knowledge spi llove rs from employees in comp limen t ary and simi lar indus tri es wo rk ing in clo se prox imi ty t o each othe r.19 The cluste r app roach has been less exp lored for ru ral settings, p rimarily because of t he rel iance of cluste rs on high densi ty of peop le and firms. Indeed , "there is evidence that cluster- based econom ic deve lopme nt m ig ht be mo re d iff icult in rural areas."20 Indeed, sustainab le g rowth hing es less on a p lace 's designat ion as urban o r rura l, and more on it s econom ic con nect ions . A 20 15 st udy exam ined the im po rt ance o f high ly-connec t ed local econo m ies. It c lassified western U.S. count ies in th ree ways: m etro po lit an, rura l but connected to a larger hub , and ru ral and iso lated. 18 Rural but connect ed econom ies were found to have higher median incomes, lowe r income vo lat ility, more high -wage serv ice jobs, lower median ages, higher popu lat io n growth and greate r educat iona l at tainmen t than the ir iso lated peers. Th is unde rsco res th e va lue of co nnecte d ness in ap p roach ing rura l econom ic deve lop ment, and in br idg ing the urba n- rural d ivide via state and loca l po lic ies that expand ru ral connectiv ity and bo lste r urban- rural econom ic relationsh ips . A key econom ic deve lopment study adap ted the cluster approac h fo r rural com munitie s and p ro posed ru ral reg iona l innov ation ecosys tems. This approach can be realiz ed in three ways: So, how can states , regio ns and loca lit ies bui ld sustainable growth? To date, st rateg ies have been eit her hands -off, relying on t he strength o f urban areas' "r ising t ides to lift all boa t s," or focused on foundationa l rural deve lopme nt in isolation from broade r economic con texts. A lthough core assets, like o Ru ral linkages to ur b an clusters o Urban link ages to ru ra l clusters o Ru ral e ntr e pr e neurs hi p and u rban markets 21 NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000074 pVERSIGHT 56 21 CEQ050 FY18091_ 000002249 Bridging the Urban-Rural Economic Divide Sim ilarly, in Kansas , t he Regiona l Economic A rea Partnershi p has led reg iona l econo m ic d evelopment effo rt s, seeing the attr ac t ion or re ten ti on of a bus iness anywhe re in the area as a pos it ive for eve ryone. In the case of av iat ion, large r compan ies often locate in W ichita, but spur the creation of sup p liers tha t t ypica lly settl e fu rther ou t in the reg ion, creat ing econom ic bene fits throughou t the region .2s Rural Linkages to Urban Clusters Rural bus inesses located with in or close to metropo litan cente rs may be able to plug directly into cl usters and value cha ins as suppl iers and subcontractors. 22 When a rural bus iness buil ds connections w ith nearby ur ban areas, it ga ins the strengths of its larger neig hbo rs as a compe ti t ive advan t age . Once th ese regio nal st rengths solid ify, thes e clus ters ga in even mo re strength by bo lstering complementary indust ries. supply chain manufac t urers and serv ice prov ide rs.23 Urban Linkages to Rural Clusters This approach is ga inin g trac t ion in Virgin ia. As par t of GO Virg in ia (a state initiative to strengthen the eco nomy by support ing regiona l programs), a h igh ly ru ral region in the sou t hern part of the stat e is leverag ing the streng t h of urban clus te rs to create th ree cr it ica l opportun iti es. These include: workforce ta lent deve lopment and recr u it ment; sectoral deve lopmen t in four target sectors; and, cyber infrast ruc tu re, includ ing nove l app roaches to reg iona l collaboration in infrastruc t ure development and oppo rtun ities to prov ide incen t ives for "midd le m ile" and "last m ile" network comp letion. For secto rs that require space rather t han prox im ity to operate - like natural resource indust r ies and large land users such as power plants, chemical faci lities and defense establishments - cluster str ategies can focus on suppo rt ing the linkages of t hese sectors into reg iona l, nationa l and global supply cha ins.27 A 2011 study examin ing th e interdependence between Minnesota's urban and rural areas found that increases in the st rength of rural industry clusters substantia lly im pac ted nearby urban areas.28 For examp le. every $1 b illion increase in rural manufacturing output produced thre e benefits : a 16% inc rease in urban jobs, signif icant additiona l bus iness-to -bus iness transact ions and sta tew ide consumer spend ing and investme nt. Simi larly, a study of the Sacramento reg ion found tha t the major ity of jobs and econom ic acti vity resulting from the region 's rural food and agricul t ure cluster occu rred in urban par t s of the reg ion (see case study : Sacramento's Special ty Crops Industry Cluster). These stud ies show some of t he ways that integ rated urban and rural areas boost each other's economies. w ith ripple effec t s of that success felt throughout the regio n and state . 24 Spec ifically, t he p lan approaches economic dr ivers fo r the ru ral V irgin ia reg ion by us ing a cluste r ana lysis tha t includes the me t ro po litan areas surround ing the rural area. In addition to grow ing sma ller clusters unique to the region, the analys is suggests that the region expand upon seven "clusters on t he cusp," wh ich have so lid workforce potential and are well-al igned w ith nearby urba n c lusters . These represen t oppo rt un it ies for the rura l reg ion to posit ion itself as a pr ime locat ion for supp ly cha in companies to locate close to th e urban cluste rs, but at lower cost. 25 22 NA T IONA i ~EAGlJE O F CITIES RICAN pVERSIGHT CEQ-18-0173-E-000075 57 CEQ050FY18091 _ 000002249 Case Study : Sacramento's Specialty Crops Industry Cluster The Sacramento, California, region is solidifying urban-rural economic connections via specia lty crops industry clusters. Growing specialty food and fiber in rural parts of the region creates jobs and income in urban areas. The way that food reaches the table is complicated, yet re- tiplier effect in other industries . By expanding the food system beyond the farm , the contribut ion of the specia lty crop base economy is greater than 31,000 jobs , $2.4 billion in value added , and $5.8 billion in total output value in the Sacramento region . And perhaps to an extent not ach ieved by markable , as fresh and processed any other segment food travels in and out of the region daily . Although some products arrive "raw," most are transformed into processed or packaged goods along the way . Indeed, the specialty crop food system encompasses multiple business sectors providing a range of services that refine, enhance and move food products from farms to consumers. Together, these industries represent the specialty crop cluster-a group of interdependent firms and related institutions linked through strong relationships and transactions. of the economy , this specialty crop food system helps also connect the region's many rural and urban communities . A full study of not only specialty crops , but all agriculture in the Sacramento region , found there are more food system jobs "off-the-farm " in processing, distribution and support activities, than on the farm. For instance, one of the largest concentrations of food system jobs in the region is in downtown Sacramento. Additionally, food systems are building out local-serving capacity like farmers markets and CSAs, which enhance the rural -urban connection. This keeps local mon ey circu lat ing in the local economy, instead of leaking to other markets. The various components of the cluster add nearly $4 bi llion in d irect output a year to the Sacramento regional economy. Only 30% of the cluster's direct output stems from the va lue of specialty crops as they leave the farm-the major ity of the cluster 's gross output value is generated as specialty crops move through the larger regional food system. Whi le specialty crop production includes the major ity of employment within the cluster, over 6,400 jobs (37%) fall into the distribution, processing and support subsectors off the farm. Taken together, emp loyment in the specialty crop cluster increased by 6% from 2008 to 2014-a stark contrast to both the overall economy and to non-specialty crop agriculture, each of which declined in emp loyment over the same per iod. Specia lty crop growers engage with suppliers, processors and distributors to form a larger cluster, while each dollar generated by a specialty crop business then also leads to a mu lSources: Food System Multipliers for Specialty Crops (July 2016) and Food and Agriculture Cluster Assessment (March 2016) . Projects of the Rural-Urban Connections Strategy of th e Sacramento Area Council of Governments . CEQ-18-0173-E-000076 pVERSIGHT 58 CEQ050FY18091_000002249 Bridgin g the Urban- Rural Eco nomic Divi de Rural Entrepreneurship and Urban Markets Rural areas located furt her from urban concent rations can build upon the assets of the ir communi t ies and regions , crea t ing entrep reneu r ial opportuni t ies that use virtua l networks to link to custome rs.29 A 20 76 st udy of European rural entrep reneurship fou nd that "ru ral ent rep reneurs with rura l-urban linkages are ab le to str uctu re and use these linkages in o rder to pro fit fro m urban economies and d raw advantages of a loca tion in ru ral areas simu ltaneously." 30 In the U.S., fueled by slow job growth, rural entr ep reneursh ip and business surviva l rates relat ive to populat ion have actua lly outpace d urban areas in recent years. 31 More lim ited opport unit ies and resou rces have encou raged bootst rapping (using lim ited o r local resources) fo r rura l start -ups, increasing thei r innovat ion and resilience. Targeted po lic ies and progr am s that suppo rt their g rowth, part icula rly cap ita l access , business development and expo rt p romo t ion . have also emerged as cr it ica l facto rs. A 2017 study o f sma ll b usiness lend ing found t hat lend ing in ru ral areas had a st ronge r. mo re posit ive impact on the rate of new bus iness format ion t han lend ing in urban areas.32 For example. Colorado 's Off ice o f Econom ic Deve lopment and Internat iona l Trade has given aspi ring ent rep reneurs in it s rura l areas a boos t by providing access to early stage fund ing. 33 The sta te off ice has set aside m illions of do llars fo r startups in rura l Colo rado in indust ries from agricu lture and advanced manufac t uring to tec hno logy and tourism. w ith urban and g loba l marke t s is critical if these bus inesses are to tra nsfo rm the ir loc al econom ies. In add it ion to value cha in relat ionships, "con nec t ions to metropo litan areas can fac ilita te the development of n iche markets tha t can be tested and refined in adjacen t urban areas befo re t ak ing them t o the global ma rket." 35 Rural hops growe rs in Oregon rely on t he so ph ist ica ted tastes of urban consu mers to help t hem inno va te and stay ahead of nat iona l and g lobal tre nds, mak ing the state one of th e top hop p rod uce rs in the U.S. The powe r of export p romot ion for rura l entrep reneurs. as we ll as b roadb and access (see case study of Minnesota's Borde r- to - Border Broa db and Deve lopment Grant Prog ram) in this con text canno t be understated . Given the ro le of new compan ies as job and innovat ion creators, ent repreneurs hip offers rura l communities an exc it ing op portun ity to g row from w ith in.34 However, the linkage 24 NA T IONA i ~EAGlJE O F CITIES RICAN pVERSIGHT CEQ-18-0173-E-000077 59 CEQ050FY18091_000002249 Case Study: Minnesota's Border-to-Border Broadband Development Program More than 252,000 households in Minnesota, or 12%,lack access to high -speed Internet. With out access , these househo lds have limited or no access to te lemedicine , on line curriculums for school or training, or on line iob search tools and job appl ications . Businesses without access to broadband lack a crucial connection necessary to compete in today 's global economy. In recognition of these chal lenges , in 2016, the Minnesota state legislature stated its goal exp licit ly, that by 2022 , all Minnesota businesses and homes will have access to high-speed broadband, with faster speeds by 2026. program has been funded for four consecutive years, with grants d istributed during 2015 (two rounds), 2016 and 2017. In November 2017, the grants office announced $26.47 million in funding for 39 projects across the state, which wil l bring broadband service to 9,973 households, 2,169 businesses and 60 community institutions-all of them previously unserved or underserved-across Minnesota. For example , Westbrook (population 740) is the smallest city in Minnesota that has a full hospital. To help the ir hospital get the faste r speeds and better reliability it needed to stay competitive, the city partnered wi t h Woodstock Communications to build a fiber-to-the-home network that will serve the entire community. In Itasca County , Harris Township partnered with cable provider Mediacom to bring broadband infrastructure to unserved households, businesses and anchor institutions. Now, students in the area wi ll be able to do their on line homework with iPads issued by their schoo ls. W ithout Internet access at home, students in the unserved households had fallen behind . The Border-to-Border Broadband Development Grant Program is the state 's primary mechanism to help connect unserved or underserved areas. The areas tend to be more rural (and less densely populated) than other areas, while also having terrain that is more difficult to navigate. This, in turn , drives up the cost for broadband prov iders to connect househo lds in these areas. The program helps mitigate the cost and risk for providers and the communities they partner with. To address private competition concerns, the program allows an exist ing broadband pro vider to challenge an application if the proposed broadband dep loyment overlaps the existing prov ider 's territory or if the proposed area is one that an existing provider plans to build on within 18 months of the award announcement. Initially funded at $20 million, the program provides matching funds to el igible service pro viders that agree to extend broadband service to unserved or underserved areas . The grants provide up to a dol lar-for-do llar match on funds, not to exceed $5 million for any one project. The Source : 2077 Annual Report of the Governor's Task Force on Broadband . Recommendations for policy makers and stakeholders to consider in the 2078 legis lative session, developed by Minnesota Governor Mark Dayton's taskforce . January 3, 2078. CEQ-18-0173-E-000078 60 CEQ050FY18091_000002249 Bridging the Urban-Rural Economic Divide Conclusion limiting or defining factors in determining the economic success of cities and towns. Broadening the definition of the "urban-rural diVide" from population and density measures. to one that accounts for economic interconnectedness, fur- ther refines our understanding of how to develop effective economic development strategy. The consequences of failing to think beyond conventional notions of "ur- ban" and "rural" will limit the ability of state and local leaders to encourage sustain- able growth. The results of this study show that urban and rural labels do not need to be This study also reveals that an evidence-based pathway to narrowing urban and rural economic divides where they exist is by bolstering the economic relationships between urban and rural areas. Traditional economic development approaches to narrow the divide tend to focus solely on supporting critical infrastructure and oth- er foundations for rural areas. Although this type of asset building is vitally import- ant. it in and of itself does not generate new drivers of economic growth. A cluster approach can be adapted for a rural context to build and strengthen value chains, market access and other urban-rural economic relationships. With intention, states. regions and cities can make progress to improve not only local outcomes. but re- gional and state ones as well. A cluster approach can be adapted for a rural context to build and strengthen value chains, market access and other urban-rural economic relationships. CEQ-18-0173-E-000080 '" , ao "'" .o Appendix Table 1: Population State Percent urban population Divide (Percent difference between urban and rural population) State Percent urban population Divide (Percent difference between urban and rural population) Alabama 59% 18% Montana 56% 12% Alaska 66% 32% Nebraska 73% 4 6% Arizona 90% 80% Nevada 94% 88% Arkansas 56% New Hampshire 60% California 95% 90% New Jersey 95% 89% Colorado 86% 72% New Mexico 77% 55% Connecticut 88% 76% New York 88% 76% Delaware 83% 67% North Carolina 66% 32% Florida 91% 82% North Dakota 60% 20% Georgia 75% 50% Ohio 78% 56% Hawaii 92% 84% Oklahoma 66% 32% Idaho 71% 41% Oregon 81% 62% 12% 21% llllnols 88% 77% Pennsylvania 79% 57% Indiana 72% 45% Rhode Island 91% 81% Iowa 64% 28% South Carolina 66% 33% Kansas 74% 48% South Dakota 57% 13% Kentucky 58% Tennessee 66% 33% Louisiana 73% 46% Texas 85% 69% Maine 39% -23% Utah 91% 81% Maryland 8 7% 74% Vermont 39% -22% Massachusetts 92% 84% Virginia 75% 51% Michigan 75% 4 9% Washington 84 % 68% Minnesota 73% 47 % West Virginia 49% -3% Mississippi 4 9% -1% Wisconsin 70% 4 0% Missouri 70% 4 1% Wyoming 65% 30% Mean 74% 47% 17% Source: U.S. Census Bureau, 2015; negative "divide" percentages indicate greater rural chan urban population ,.e. Vermont has 22% more people living in rural than urban areas. 28 NA T IO NA i ~EAGlJE O F CITIES RICAN pVERSIGHT CEQ-18-0173-E-000081 63 CEQ050FY18091 _ 000002249 Table 2: Broadband Access State Percent without access to broadband Divide (Percent difference between urban and rural broadband access) State Percent with. out access to broadband Divide (Percent difference between urban and rural broadband access) Alabama 20% -35% Montana 31% -52% Alaska 26% -62% Nebraska 16% -4 5% Arizon a 13% -55 % Nevada 8% -60% Arkansas 25% -41% New Hampshire 7% -12% California 5% -59 % New Jersey N/A N/A Colorado 10% -49% New Mexico 20% -52% Connecticut N/A N/A New York 2% -17% Delaware N/A N/A North Carolina 7% -19% 14% -35% 8% -29% Florida 7% -25% North Dakota Georgia 9% -21% Ohio Hawaii N/A N/A Oklahoma 27% -57% Idaho 18% -51% Oregon 10% -32% llllno ls 9% -52% Pennsylvan ia 6% -17% Indiana 17% -47% Rhode Island N/A N/A Iowa 15% -33% South Carolina 18% -30% Kansas 15% -44% South Dakota 11% -24% Kentucky 16% -31% Tennessee 13% -32% Louisiana 19% -42% Texas 11% -4 1% Maine 12% -13% Utah 6% -36% Maryland 4% -10% Vermont 17% -25% Massachusetts 3% -8% Virginia 11% -35% Michigan 12% -34% Washington 3% -13% Minne sota 12% -42% West Virginia 30% -38% Mississippi 34% -51% Wisconsin 13% - 42% Missouri 20% -56% Wyom ing 23% -60% Mean 74% -37% Source: Federal Communi cations Commission , 2076; negative "divide" percentages indicate greater rural than urban percent age without access to broadband. i.e. Rural W,sconstn has 42% more people than urban areas without b roadband access. NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000082 pVERSIGHT 64 29 CEQ050FY18091 _ 000002249 Appendix Table 3: Education Percent 25 and older with at least some college Divide (Percent difference between urban and rural population with at least some college) A labama 53% 14% Montan a 63% 4% Alaska 64% 14% Nebraska 63% 2% Arizona 62% 11% Nevada 57% 3% Arkansas 50% 8% New Hampshire 64% 7% 0% New Jersey N/A N/A New Mexico 58% 3% State State Percent 25 and older with at least some college Divide (Percent difference between urban and rural population with at least some college) California 61% Colorado 69% Connecticut N/A N/A New York 59% 9% Delaware N/A N/A North Carolina 59% 9% Florida 57% 14% North Dakota 64% 6% Georgia 57% 14% Ohio 55% 11% Hawa ii N/A N/A Oklahoma 55% 7% Idaho 62% 6% Oregon 66% 5% Illinois 61% 7% Pennsylvania 53% 10% Indiana 53% 10% Rhode Island N/A N/A Iowa 59% 6% South Caro lina 56% 15% Kansas 63% 3% South Dakota 60% 7% Kentucky 51% 17% Tennessee 52% 16% 1% Louisiana 49% 9% Toxas 57% 1% Main e 58% 6% Utah 68% -1% Maryland 64% 7% Vermont 62% -9% Massachusetts 6 4% -1% Virginia 64% 6% Michigan 60% 10% Washington 67% 1% Minnesota 66% 8% West V irg inia 44% 15% Mississippi 52% 11% Wisconsin 59% 8% Missouri 57% 11% Wyoming 63% 4% Mean 59% 7% Source: U.S. Census Bureau, 2015; negative "divide" percentages indicate greater rvral than urban percentage with at least some college educaUon . 1.e. Rural areas of Utah have 7%greater proportion of lhe1r population with at least some education than urban areas. 30 NA T IO NA i ~EAGlJE O F CITIES RICAN pVERSIGHT CEQ-18-0173-E-000083 65 CEQ050FY18091 _000002249 Table 4: High-Value Business Growth, 2010-2015 State Percent growth in traded-sector establishments Divide (Percent difference between urban and rural growth in tradedsector establishments) Divide (Percent difference between urban and rural growth in traded-sector establishments) Percent growth in traded-sector establishments State -0.14% -8 .37% Montana 0 .69% Alaska 0.91% -2.38% Nebraska 0.70% Arizona 0.67% 7.25% Nevada 1.37% -8.59% Arkansas 0.01% 2.38% New Hampshire 0.12% -17.53% California 1.33% -3.44% New Jersey N/A N/A Colorado 1.25% 4.63% New Mexico -0. 19% 12.91% Alabama 17.51% 14.46% Connecticut N/A N/A New York 0.79% -7.33% Delaware N/A N/A North Carolina 0.46% -3.59% Florida 1.64% 10.15% North Dakota 2.62% 8 .53% Georgia 0 .68% 11.77% Ohio -0.14% 0.14% Oklahoma 0.67% 4.00% Oregon 0.91% 9.24% Pennsylvania 0.18% -12.93% Hawaii N/A N/A Idaho 0.59% 13.20% Illinois 0.26% 4.88% India na 0.01% -1.11% Rhode Island N/A South Carolina 0 .38% 20.29% South Dakota 0.68% 13.26% 0 .24% 15.44% Tennessee 0 .27% 1.62% 0.42% 2.59% Texas 1.74% 6.79% Utah 1.86% 7.58% Iowa 0 .04% 6.47% Kansas 0.06% Kentucky Louisiana Maine N/A 0 .11% -25. 14% -8.11% Maryland 0.39% 8.39% Vermont -0.31% -5.67% Massachusetts 0.63% 12.77% Virginia 0.45% 5.54% Michigan 0.05% -9.27% Washington 0.78% 8.87% Minnesota 0 .44% 0.4 1% West Virginia -0 .89% 0.57% Mississippi -0 .22% 10.28% Wisconsin -0.0 1% -9.30% 1.08% 9.5 1% Wyoming 0.79% -0 .97% Mean 0 .54% 2.84% Missouri Source. US Census Bureau. 2070 -2075. negative "divide" percentages indicate greater rural than urban growth of traded -sector establishments. 1.e. Rural areas of South Caro/ma have 8.71%gr eater gr owth of high -value businesses than urban areas. NAT IONAL LEAGUE OF CIT IES CEQ-18-0173-E-000084 pVERSIGHT 66 31 CEQ050FY18091 _ 000002249 Appendix Table 5: Prosperity Growth, 2010-2015 State Growth in state contri. butions to GDP, 20102015 .. . .. . oo State oo o o o Divide (Percent difference between urban and rural growth in contribution to state GDP) 2.45% -0.02% Montana 2.78% -3.55% Alaska -0.93% -0.29% Nebraska 3.52% -3.44% Arizona 2.20% 0.47% Nevada 1.67% -4.72 % Arkansas 2.49% -0.24% New Hampshire 2.76% 1.58% California 3.94% New Jersey N/A N/A Colorado 2.76% New Mexico 1.46% -1.31% A labama 1.11% 0.22% Conn ecticut N/A N/A New York 3.35% 0.46% Delaware N/A N/A North Carolina 2.73% -0,06% Florida 2.28% 0.75% North Dakota 6 .61% 5.60% Georgia 2.98% 0.36% Ohio 3.89% -0.43% Oklahoma 3.83% 0.04% Oregon 1.56% -1.47% Pennsylvanla 3.36% -0.01% N/A Hawaii N/A Idaho 2.40% -0.37% Illinois 3.40% 0.71% Indiana 3 .00% 0.43% Rhode Island Iowa 3.93% -1.34% South Carolina 3.10% Kansas 3.05% -0.79% South Dakota 3.25% 1.02% Kentucky 2.59% Tennessee 3.87% -0.41% Louisiana -0_07% Texas 3.58% 0 .40% Utah 3.29% -1.06% -1.42% 0 .81% -0.24% N/A N/A 0 .04% Main e 2.16% 0.16% Maryland 2.41% -0.32% Vermont 2.61% Massachusetts 3.25% 0.86% Virginia 1.88% Michigan 4.01% 0.32% Washington 3.17% 0 .15% Minnesota 3.24% -0.27% West Virginia 1.91% 0 .92% Mississippi 1.89% -0.55% Wisconsin 3.31% -0.02% Missouri 2.46% -0.49% Wyoming - 0 .61% - 0.50% Mean 2.70% -0.15% -0.06% Source. US. Cluster Mappmg Project calculations based on Moody's economy.com data. 2070-2075: negative "divide" percentages md1cate greater rural than urban growth of contribution lo state GDP. 1.e. Rural areas of Idaho have 0.37% greater prosperity growth than urban areas. 32 NA T IONA i ~EAG lJE O F CITIES RICAN pVERSIGHT CEQ-18-0173-E-000085 67 CEQ050FY18091 _ 000002249 Endnotes 1 "The divide bet ween America 's prospe rous cities and strugg ling small towns - in 20 charts. " The Wall Street Journal . (December 29, 2017) 2 Connor Sen. "Ci t ies' success leaves them vu lnerable in the nex t down t urn." Bloomberg. (J uly 28, 2017) . 3 Kate Searls. Pilot Study: Estimating Rural and Urban Minnesota 's Interdependencies . Minnesota Rural Partners , Inc. (20 11) 4 Rural -Urban Connections Strategy (RUCS) . Sacrame nto Area Counc il of Governments (SACOG). (2008) 5 Michael Ratcliffe, Charlyn n Burd, Kelly Ho lder, and Alison Fields . "Defin ing Rural at the U.S. Census Bureau ." U.S. Census Bureau. (Dec. 2016) 6 2016 Broadband Progress Report . Fede ral Commun ications Comm ission (FCC). (January 29, 2016) 7 Darrel l M. West and Jack Karsten . " Rural and urban Amer ica divided by broadband access." The Brookings Institution TechTank blog . (Ju ly 18, 20 16) 8 Doug Brake . A po/icymaker 's guide to rural broadband adoption. Information Technology and Innovation Foun dations. (Apr il 2017) 9 Larry Parnass. "Last of 'last mi le' towns now have broadband suitors" . The Berksh ire Eagle. (January 22, 20 18) 10 Talbot , David, Kira Hessekiel , and Danielle Kehl. Community-Owned Fiber Networks : Value Leaders in America . Berkman Klein Center for Internet & Society Research Publication , Harvard University. (2017) 11 N. DuPuis, T. Langan, C. McFar land, A. Panetteri and B. Rainwater . City Rights in an Era of Preemption . National League of Cities . (2017) 12 Anthony P. Carnevale , Nicole Smith and Jeff Stro hl. Help Wanted: Projections of Jobs and Education Require ments Through 2078. Georgetown University Center on Education and the Workfo rce. (June 2010) 13 Online Jobs initiative aims to stop export of young adults from rural Utah. Deseret News . (February 15, 20 18) 14 Sheila Martin . "Critical Li nkages: Strengthening Clusters in Urban and Rural Oregon," in Toward One Oregon : Rural-Urban Interdependence and the Evolution of a State. Oregon State Univers ity Press. Corval lis (2011). 15 Testimony o f Chad Stone , Chief Econom ist , Center on Budget and Policy Prior it ies, Before the Comm it tee on Small Business Subcommittee on Economic Growt h, Tax, and Capital Access, U.S. House of Representatives . "Econom ic Growth: Causes, Benefits , and Current Lim its ." (Ap ril 27, 2017) 16 James Manyika and Charles Roxbu rgh. The Great Transformer: The Impact of the Internet on Economic Growth and Prosperity. McKinsey Global Institute . (October 2011) 17 "Michigan's GDP growth ranks 9 t h among states in 4th quarter of 2015." Crane's Detroit Business. (June 14, 2016) 18 Patricia Gude. Three Wests: The Impact of Access to Markets on Economic Performance in the West. Headwaters Economics. (October 2015) 19 Michael Porter . " Loca t ion, Compe t it ion and Economic Development: Local Clusters in a Global Economy. " Economic Development Quarterly , Vol. 14, No. 1, pp . 15-34 . (2000) 20 GO Virgin ia Region 3 Growth & Diversification Plan Avai lable v ia http://www .dhcd .virgin ia.gov/images/GoVA/ Region 3 G&D Plan.pdf 21 Brian Dabson. "Rural regiona l innovat ion : A response t o met ropolitan-framed place-based t hi nking in the Unit- ed States." Australasian Journal of Regional Studies, Vol. 17, No. 1, 2011. 22 Brian Dabson , Jenn ifer Jensen , A lan Okagaki, Adam Blair and Megan Carro ll. Case Studies of Wealth Creation and Rural-Urban Linkages . Columb ia, MO: Rural Futures Lab. (2012) 23 GO Virginia Region 3 Growth & Diversification Plan. Available via http://www .dhcd .vi rginia .gov/images/GoVA/ CEQ-18-0173-E-000086 pVERSIGHT 68 33 CEQ050 FY1809 1_ 000002249 Region 3 G&D Plan.pdf 24 Ibid 25 Ibid 26 League of Kansas Municipalities 27 Brian Dabson, Jennifer Jensen, A lan Okagaki, Adam Blair and Mega n Carro ll. Case Studies of Wealth Creation and Rural-Urban Linkages. Columb ia, MO: Rural Futures Lab . (2012) 28 Kate Searls. Pilot Study: Estimating Rural and Urban Minnesota 's Interdependencies. Minnesota Rural Part ners, Inc. (2011) 29 Brian Dabson, Jenn ifer Jensen, A lan Okagaki, Adam Blair and Megan Carro ll. Case Studies of Wealth Creation and Rural-Urban Linkages . Columbia, MO: Rural Futures Lab. (2012) 30 Heike Mayer, Anto ine Haberse t zer and Rahel Meili. "Ru ral-urban linkages and sustainable regiona l development: The role of entrepreneurs in linking peripheries and centers." Sustainability Vol. 8. (2016) 31 Stephan Weiler, Professor of Economics , Colorado State University; Tessa Conroy and St eve Deller, Professors of Economics , University o f Wisconsin-Madison. Urban-Rural Entrepreneursh ip (Analysis of Bureau of Economic Analysis and National Establishment Time Series data) in "6 charts that illustrate the divide bet ween rura l and urban America." The Conversation . (March 16, 2017) 32 Tessa Conroy, Sarah A . Low and Stephen Wei ler. "Fue ling job engines : Impacts o f Small Business Loans on establ ishment births in metropolitan and nonmet ro counties." Contemporary Economic Policy, Vol. 36, Issue 1, No. 234 . (September 7, 2017) 33 Dustin McKissen. "Colorado's r ural startup fund sets a mode l for the nation ." Heartland Tech, November 6, 2017. 34 J espe r B. Sorensen and Toby E. Stuart. "Aging, Obsolescence , and Organizational Science Quarterly. (March 2000) Innovation." Administrative 35 Sheila Martin. "Critical Linkages: Strengthen ing Clusters in Urban and Rural Oregon," in Toward One Oregon: Rural-Urban Int erdependence and the Evolu t ion of a Sta te. Oregon State University Press. Corval lis. (2011) 34 NA T IONA i_ EAGlJE O F CITIES CEQ-18-0173-E-000087 L RCAN pVERSIGHT 69 CEQ050 FY18091_000002249 TD NLC NATIONAL LEAGUE OF CITIES CENTER FOR CITY SOLU TIONS CEQ-18-0173-E-000089 fl I t ; I o I I I I I o o March 13, 2018 Before the Senate Committee on Commerce,Science,and Transportation's Subcommittee Rebuilding Infrastructurein America: Investing in Next Generation Broadband Written Testimony of Robert DeBroux Director of Federal Affairs and Public Policy TDS Telecommunications 1 LLC Chairman Wicker, Ranking Member Schatz, and Members of the Senate Committee on Commerce, Science, and Transportation's Subcommittee, I am Robert DeBroux, Director of Federal Affairs and Public Policy for TDS Telecom (11TDS11) . Thank you for the opportunity to share with you some insights into how Congress can help close the digital divide in rural America. I am not only testifying today on behalf of TDS but also as a member of ITTA, a Washington , D.C. Industry association that includes TDS as a member. I recently also have had the pleasure of serving on the Federal Communication Commission's ("FCC's") Broadband Deployment Advisory Committee ("BDAC") as the chair of its "Removing State and Local Regulatory Barriers" work group. This workgroup was tasked with identifying barriers to broadband deployment at the state and local level and providing policy recommendations to help eliminate those barriers. Its report, as voted on and approved by the BDAC, is available on the FCC'swebsite .1 While I am not here today to speak on behalf of the BDAC,you may find the report useful. Serving on the BDAC provided me with valuable insight into the challenges and barriers of providing broadband in many localities across the country. TDS owns 108 separate telephone companies that provide broadband, vo ice, and video services. We serve a mix of rural and urban areas such as the bottom of the Grand Canyon and islands off the coast of Maine and Michigan, as well the suburbs of larger cities such as Madison, Wisconsin and Nashville, Tennessee. TDS has a long history of building and maintaining robust voice and data networks in its service areas. 1 https://www.fee.gov/ sites/ defa u lt/files/bdac-regul atoryba rriers-report-012018 .pdf Page 11 CEQ-18-0173-E-000090 AMERICAN PVERSIGHT 1 CEQOSOFY 18091_ 000002250 Closing th e digital div ide has widespread bipartisa n support in Washington. Gone are the days of t he "urban vs. rura l" debate in telecommun ications policy . Today, we can all agree consumers living in rural America deserve exact ly the same dig ital opportunities as those citizens living in urban areas. How we close the digital divide and what steps Congress can take in the short and long-t erm deserve policymakers' full attention and commitment. Infr astructure Proposal Recently, the Administration released the framework for its infrastruct ure initiative, which incl udes a broadband component. Unfort unately, the framework does not include ded icated fund ing for broadband projects in unserved and underserved parts of our cou ntry. TDS and ITTA have been clear that if the Admin istrat ion wants to make closing the digital divide a top priority, dedicated funding for broadband projects must be a key component of t he overall plan. The Administration's infras t ructure plan appears to set forth a process whereby rural broadband projects will compete against other infrastructure projects (e.g., roads, sewers, airports) for $40 bil lion in state-administered "block grants ." TDS and ITTA do not t hink that this will be the most eff icient and effective way to prov ide the dollars needed to close the digital divide and move the nation closer to rural and urban comparability. Therefore, Congress should specifically designate funds for broadband deployment and ensure the money it designat es follows the course that othe r successful programs to date have followed. Those programs, whic h include, most importantly, the FCC-administered Universal Service Fund High-Cost program, have a proven track record of success in turning funds earmarked for broadband into broadband networks. Ensuring the Corr ect Federal Agency is Tasked with Admini sterin g a Broadband Infr astru cture Program TDS, along with our national association ITTA, supports directing any funding for broadband infrastructure deployment to the FCCto be administered t hrough its Universal Page I 2 CEQ-18-0173-E-000091 AMERICAN PVERSIGHT 2 CEQ050FY 18091_000002250 Service Fund (11USF11) . As noted by FCCChairman Pai in March 2017 ,2 the FCC,through the USF, can max imize the impact of any infrastructure funding while minimizing waste . The FCChas programs in p lace that make sure that there are specific, tang ible obligations associated with fund ing and that funding goes to the appropriate areas , for examp le , areas that are not a lready served by another broadband provider . Leveragi ng Existing Programs - FCCHigh Cost Program One such program, created by the FCCin December 2016 , is the Alternative Connect America Cost Model ("A-CAM") program .3 This program a llowed rate-of -return carriers the option to receive USF support to serve high -cost rural areas based on a forward-looking cost mode l in return for their agreement to dep loy and maintain broadband to a specified number of locations with serv ice standards as defined and enforced by the FCC.TDS1 a long with 206 other rura l rate -of-return carriers in 43 states , opted into the ten -year A-CAM program. In this program, TDS wi ll rece ive over $7SM annua lly to provide broadband to 160,000 households in 25 states . TDS has a lready beg un the process of dep loy ing fibe r deepe r into its network with th is money, thus improving consumer broadband speeds in various locations , including , for example , in Wisconsin and SE Mississippi . This work is expected to stabilize the exist ing broadband delivery p latform even in times of peak demand . Other ITTAmembers , including Ritter Communicatio ns based in rural Arkansas , have also already been ab le to use ACAM funds to deploy fiber closer to customers .4 In Nebraska, Great Plains Communications has used A-CAM dolla.rs to increase the broadband capacity to schoo ls and libraries in Ponca , Nebraska . There are hundreds of additional examp les of A-CAM funding being used to bring broadband to consumers living in rural America. Congress can leverage the A-CAM program as we ll as the legacy funding mecha nisms in the High-Cost program to increase broadband dep loyment to rural America by instructing the 1 https ://apps.fcc.gov/edocs public/attachmatch/DOC-343903A1.pdf 3 See Connect America Fund, Report and Order and Furt her Not ice of Proposed Rulem aking, 31 FCC Red 13775 (2016) (Order and/o r FNPRM ). 4 In the fir st year of th e A-CAMprogram Ritter has dep loyed fibe r in t he econo m ically challenged M ississlp pi Delta . Page I3 CEQ-18-0173-E-000092 AMERICAN PVERSIGHT 3 CEQOSOFY 18091_ 000002250 FCCto increase the High-Cost Fund budget and by providing the funding necessary for that increase. To be sure, TDS and many other rural broadband providers have enjoyed a good working relationship with RUS.5 While our preference is that any broadband infrastructure money be directed to the FCCfor distribution through the existing USF High-Cost program , we recognize that the RUS has the expertise and experience to be able to distribute funds wisely. If Congress decides that RUS should play a role in distributing infrastructure funding, Congress should instruct that entities applying for fund ing meet the elgibility requirements and service standards applicable to the FCC's USF Program. State Grant Programs The FCC's USF programs are successf u I because they are well defined in terms of the dollars to be spent, the obligations which are requi red to be met with those dollars, and the consequences for not meeting those obligations. TDS and ITTAare skeptical of programs that simply send money to the states and then rely exclusively on the states to determine how the money should be spent . While many states may be committed to improving their broadband networks, there are many competing interests for dollars that arrive in a state without specifics as to where the dollars must be spent. If such a grant program is ultimately used for distributing infrastructure funding, Congress should set forth specific parameters to ensure that the funds go to areas that are most in need . TDS has participated in 5 such state grant programs and has been awarded over $28M to provide advanced broa .dband services to over 18,000 households. Based on its experience, TDS believes that Congress should, in addition to specifically earmarking dollars for broadband deployment, set parameters underserved areas; (2) setting criteria for selecting projects that include cost pe r location to 5 for such programs that include: (1) defining unserved and Under the RUSBroadband Init iat ive Program ("BIP" ), TDSwas awarded 44 grants totaling over $105M with specificbuildout obligations.TDSexceededthose obligations, ultimately deploying broadbandto 27,125unserved househo lds in .20states at a cost of almost $136M . Page 14 CEQ-18-0173-E-000093 AMERICAN PVERSIGHT 4 CEQ0S0FY18091 _ 000002250 deploy, economic impact, matching funds, and network scalability; (3) .awarding projects that are technology neutral and not duplicative; and (4) setting the technical, managerial and financial capabilities that private and public entities must possess in order to be e.l igible to receive funding. NTIA BTOPProgram Under the 2009 American Recovery and Reinvestment Act ("ARRA"), carriers could apply for grants through the National Telecommunications to support broadband deployment and Information Administration in unserved rura l areas. As well documented through numerous Department of Commerce Inspector General reports Accountability ("NTIA") 6 and a Government Office ("GAO") study, the BTOP program had a number of shortcomings. For example, many awardees were pub lic entities with ambitious goals of building their own broadband networks. However, at the tlme of approval of t heir applications, many of these entities did not have the expertise or the infrastructure in place to bu il d broadband networks capable of being operational in relatively short order. In order to prevent a similar situation from reoccurring, Congress should mandate that any broadband funding made avai lable through the infrastructure initiative go to providers that have the expertise and infrastructure in place to immediately deploy broadband. In addition, any federal dollars used to deploy broadband must be subject to the highest degree of scrutiny to ensure that the money is not being used to overbuild existing broadband networks. Streamlining of the Federal Permitting Process& Streamlining Regulationat the FCC It is beyond debate that the costs and time involved in securing state and federal perm it s to deploy broadband delay projects and increase costs. Congress shou ld wo rk to create a "deemed granted" standard that places the burden on the applicable government agency to approve, deny, or require more information from an app licant within a defined period of time. Wh ile TDS recognizes that deemed granted language presents jurisdictiona l issues among Congressiona l committees , I encourage the various relevant committees to work together to find a solut ion that protects the integrity of our federal permitting process and, at the same 6 https://www.oig .doc.gov/0 1GPublications/01G Report No 14-0480 West Virginia BTOP.pdf Page I 5 CEQ-18-0173-E-000094 AMERICAN PVERSIGHT 5 CEQ0S0FY18091_ 000002250 time, brings certainty and resolution to broadband projects that are tied up in bureaucratic red tape . Thank you for the opportunity to testify today . I look forward to answering any questions you may have. Page I 6 AMERICAN PVERSIGHT CEQ-18-0173-E-000095 6 CEQ050FY18091 _000002250 <<:ttpof WiltonJlllanort, 2020 Wilton Drive o Wilton Manor s, Florida 33305 o (954) 390-2 120 o FAX (954) 390-2199 STATEMENT OF THE HONORABLE GARY RESNICK MAYOR, WILTON MANORS, FLORIDA I ifc:. 111:-1 bater He,-e BEFORE THE UNITED STATES SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION SUBCOMMITTEE ON COMMUNICATIONS, TECHNOLOGY, INNOVATION AND THE INTERNET Gary Resnick Mayor Justin S. Flippen Vice Mayor Scott Newton Commissioner REBUILDING INFRASTRUCTURE IN AMERICA: INVESTING IN NEXT GENERATION BROADBAND Julie A. Carson Comm issioner Tom Green MARCH 13, 2018 WASHINGTON, DC Commissioner LeighAnn Henderson City M anager Kerry Ezrol City Att orney Mayor Gary Resnick City of Wilton Manors 2020 Wilton Drive Wilton Manors, FL 33305 (954) 390-2123 GResnick@wiltonmanors.com Wilton Manors is a Community Wildlife Habitat CEQ-18-0173-E-000096 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000002251 STATEMENT OF THE HONORAB LE GAR Y RESN ICK MAY OR , WILT ON MAN ORS, FL ORID A BEF ORE THE UNI TED STATES SENATE COMMITT EE ON COMME RCE, SCIENCE, AND TR ANSPORT ATIO N SUBC OMMITTEE ON COMMUN ICATIO NS, TECHN OLOGY, INN OVATIO N AND THE INTERNE T REBUI LDIN G INFR AS TR UCTURE IN AME Rl CA: INVES TING CNNEX T GENE RATIO N BROADB AND MARCH 13, 2018 W AS RINGTO N, DC Good morning , Chairman Wicker, Ranking Member Schatz, and members of the Subcommittee. f am Gary Resnick, Mayor of Wilton Manors , Florida. I'm here to speak on behalf of the National League of Cities , the nation's oldest and largest organization representing local elected officials in America's cities and towns of all sizes in your states and across the country. I currently serve as Chair ofNLC ' s information Technology and Communications Committee and a member of NLC 's Board of Directors. In addition , I served on the Federal Communications Commission's (FCC) Intergovernmental Advisory Committee for eight years , including as Chair from 2014 through 2016. More locally, I have served on the Board of Directors of the Florida League of Cities for 15 years and have chaired various committees for the Florida League addressing communications policies. My background as an attorney with the Florida firm of GrayRobinson , representing businesses and local governments for over 20 years in connection with communication issues , and my role as Mayor , has afforded me a unique opportunity to work effectively with public and private entities , and local citizens , focused on improving communications services. I want to thank Senators Thune and Nelson for inviting me here to share some perspective from city leaders across the country. T'd also like to thank the Subcommittee for calling attention to the importance of broadband deployment. I particularly want to thank the members of this subcommittee for their work to advance the dig once language currently included in the FCC reauthorization bill. Common-sense bipartisan policies like dig once will help us move toward responsible broadband infrastructure deployment. I also want to recognize my fellow local elected officials here today. We are in Washington for NLC's Congressional City Conference , and no doubt you will be hearing from my colleagues in the coming days about how sorely broadband and other infrastructure investment is needed io our communities. Affordab le broadband for all Americans is vital for 21 51 century education , health care , economy , recreation , and public safety. Cities Want and Nee d Broadb and, But Obstacl es Remain City officials continue to work with our private , state, and federal partners to close tile digital divide and provide the remaining disconnected 10 percent of Americans , including 39 percent of Americans living in rural areas , with access to the FCC's current benchmarked 25 Mbps/3 Mbps service, and more robust service , at affordable rates, that will be demanded by our younger generation. 2 AMERICAN PVERSIGHT CEQ-18-0173-E-000097 2 CEQ050FY 18091_000002251 Cities perhaps more than any other level of govemm nt und rstand the absolute necessity of r liable , affordable broadband for our residents and businesses . Local officials are keenly aware of the broadband gaps in their communities , dri en by a lack of infrastructure in estment by tbe private sector and broadband options that are far too costly for many residents and businesses . We are also aware of the public need for broadband , as huroan resourc s utiliti es, city clerks , parks and recreation , and as we just saw only twenty miles from Wilton Manors in Parkland , Florida, police and EM first responders absolutely need technology to do their jobs. Despite the diligent efforts by communities across the country , these gaps in service persist and are increasing . If our goal is to ensure that all Americans have access to reliable affordabl broadband services, states and the federa l government are not adopting appropriate actions consistent with that policy. I appreciate the opportunity to share ith you reasons why most Americans do not ha e appropriate access to affordable broadband , from our local government antage point , and offer some solution s. o Preemption of Local Investment - In many states and in many FCC orders , local governments are preempted from negotiating with broadband providers or regulating broadband serv ice. ln Florida for example , my City is prohibited from entering into an agreement with a broadband provider for use of our rights-of-way. Cities aud counties in lorida also ha e no authority to regulate broadband service. The same bolds true for state agencies , including the Florida Public ervice ommission , and even the FCC. Without the ability to enter agreements or to regulate broadband providers , the only reason for a broadband provider to provide service is profit. Not all potential consumers are going to provide sufficient incentive for private investment in broadband infrastructure. It is up to government to address this gap where the market fails . Many local governments have heard their residents ' complaints and attempt to address the lack of affordable , reliable broadband either on their own with public munic .pal broadband networks , or by pursuing public-private partnerships . Mayors are good at getting things done . However , once again , we are pre mpted by industry-backed state laws that not only prohibit local governments from offering broadband , but some that require local governments that have already built taxpayer-funded networks to shut them down. C 's Center for City Solutions and Applied Research found that in 2016 , nearly half of states preempted cities from creating - or even exploring - municipal broadband networks. 1 Yet, as we have seen with the large number of successful baJlot initiati es in cities in Colorado , the demand remains normous , and needs continue to go unmet by the private sector. In Fort Collins Colorado , the city ' s residents recently passed a referendmn granting the city permission to build a municipal fiber network , despite industry spending nearly a million dollars campaigning against it.2 Imagine how many broadband customers could have been served by those dollars if they had not been spent fight ing a local government attempt to fill a void where there was not even a private competitor. o 1 2 Lack of Fiber Investment - E en in urban and suburban areas like my ity, neighborhoods lack the necessary infrastructure for true in-home or business broadband . As leaps in technology move wealthy , highly profitable neighborhoods ahead , many areas are being left further and further behind. Despite offering fairly high density in eastern Broward County , Florida , and ha ing two of the largest wire ljne Nat ional League of Cities. "City Rights in an Era of Preemption, " February 22, 2017. Online at http://www .nlc.org/preemption . Nick Coltrain . "$900K spent on failed fight against Fort Collins broadband," December 8, 2017, The Coloradoan. Online at https:ljwww.coloradoan.com/story/news/2017/12/08/fort-cotlins-broadband 3 CEQ-18-0173-E-000098 AMLHICAN PVERSIGHT -vote-spending/934967001/ . 3 CEQOSOFY18091_000002251 broadband providers competing home by hom , my City do snot enjoy fib r to the home, xcept in a few private developments that are served by smaller, nimbler providers who negotiated contracts that they feel can pro ide appropriate compensation for their in estment. If smaller companies can manage this, why not the large incumbents? This is the same across Florida and the nation . When some potent ial competitors announce they will construct fiber, we see the incumb nts hold press conferenc s to announce increased investment in fiber, but this is extremely rare , particularly as competitors pause fiber builds and cities face court challenges to pre ent or delay access to utility poles. As we recently saw in the legal challenge to the City of Louisville s One Touch Make Ready ordinance , incumbents are willing to Lnvestsignificant resources to maintain barriers to competition that could incr ase consumer choice .3 o Our Forsaken Rural Commu nities - While residents and bus inesses in more populated areas can generally obtain broadband service , though often at a higb price , our nation ' s policies and actions on broadband have not clo ed the digital djvide in rural areas. Small and rural communfries are ofien the last to recei e improved technology , because of the high cost of construction and relatively low return on investment . There is no incentive or regulatory mandate for a private company to build broadband to serve customers in areas that will not generate sufficient profits. In some communities , it may never be profitable for a private company to offer broadband. That does not mean that we are absolved of our responsibility to ensure that those residents have access to a vital modern utility . While my home in Wilton Manors is in a relatively urban area I also have experience with trying to obtain reliable broadband in rural Georgia for a family borne. There is one landline communications provider serving the area, and it does not offer broadband. The maximum data service is 5 mbps download for about $60 per month . Many residents in the area rely solely on wireless data. For acationers , this may be fine. However , for families with children or people running businesses , the lack of broadband hurts educational and economic opportunities and harms economic development in these areas . o Financial Issues - E en in neighborhoods with broadband infrastructure , high rates can keep families from getting and maintaining a subscription . Increased housing , medical, and educational costs make it difficult for many households to budo-etfor broadband , despite i.ts importance . The public libraries in my area are pack d after schoo l with children looking for a place to do their homework , since they do not have broadband access at home. While teenagers li eon their smart phones , despite wbat the FCC may t11ink, there are limits to what ou can do on such de ices and wireless broadband is similarly not affordab le for many families. While we are on the subject of money , the wireless broadband industry has been successful in getting taxpayers to subsidize the industry's access to public assets and rights-of-way . For example in Florida , cities and counties cannot charge service providers for use of public rights -of-way. Taxpayers pay 100% of our costs to maintain the public rights-of-way. Also, we cannot charge pennit fees to process applications to construct infrastructure in our rights-of-way. Taxpayers foot the bill for our staff time to re iew these applications . This is particularly a problem for smaller cities that do not have in-house staff "Judge throws out AT&T suit aga inst city's 'Goog le Fiber' proposal.'' Louisville Courier- Journal, August 16, 2017. Available https :ljwww .courier -journal.com/story/news/po litics/ metro-govern ment/2017 /08/16/j udge -th rows -a ut -at-t -su it-again st-citysgoogl e-fiber -pro posa l/573863001/ . 4 3 CEQ-18-0173-E-000099 AMLHICAN PVERSIGHT 4 CEQOSOFY 18091_000002251 and pay out of pocket for outside contractors to review permjts. While Florida establ ished a communications services tax for communications providers using public rights-of-way , a portion of which is distributed to cities and counties , the providers do not pay that. Rather , the tax is paid entirely by their subscribers as line items on bills. ironically , there is no tax on lntemet service or prepaid wireless service , so the fastest growing and most profitable services that benefit the most from use of public rights-of-way contribute nothing for rights-of-way maintenance. Also , around the country , the industry bas lobbied for State legis lation - and is pushing soon to be released FCC regulations - giving them access to publicly owned light and traffic poles at virtually no cost. In Florida and many other states, the maximum rate Verizon or AT&T pays is $150/year/pole. The typical cost to our taxpayers to purchase and to install a new light pole is $15,000. The industry pays roughly I% of the cost and once again , taxpayers subsidize this industry's use of public resources. Market rates for access to poles where local governments are not preempted from charging market rates are closer to $2,000/pole/year. Given the tremendous expenses cities and counties around the U.S. are incurring , with aging infrastructure , soaring health care costs for employees and first responders , and cost ly improvements for public safety, this is not the time to be askjng local governments ' residents to subsidize a for-profit communications industry that is hardly in need of a handout. o Preemption of Local Authority Over Small Cells Is Not a Silver Bullet - While wireless providers have touted the potential of 5G, it is important to keep in mind the realities of prospective 5G networks , and the limjtatioos of the technology. 5G deployment will not be a panacea for digital inequity in the United States, particularly in rural areas . 5G, which is still being standardjzed , necessitates the buildout of hundreds of thousands of small cell sites because the portion of the spectrum it uses cannot travel very far. Small cell technology is called small not because it is physically small , but because the signal covers a small area. Thjs makes them great tools for densifying downtown networks and event venues , but terrib le tools for covering sparsely populated , far-flung communities. At a conference last week , the big 4 wireless carriers announced their 5G market plans . No location in Florida , Mississippi , or South Dakota is on anyone 's plans for 2018 or 2019. They are looking at the most profitable markets , like Dallas , Atlanta , Chicago and a few others. They will not extend 5G to rural areas, nor to areas where there will not be many customers because of the high rates. Even if we eliminate all local permitting processes , and every environmental and historic review , we cannot streamljne our way out of the cost to deploy broadband in rural areas. Policy R ecommendations for the Subcomm ittee As the subcommittee works to promote the advancement of next-generation technology , I hope that you will also maintain focus on a core goal of ensuring that all Americans have reliable access to affordable , truly high-speed broadband. To further that goal , NLC bas proposed a number of actions the federal government can take to increase broadband availability , affordability , and adoption . o Work in Partnership with Local Governments - Congress and the FCC should more actively engage local governments in federal decision-making processes. Since I last testified , the FCC 's Broadband Deployment Advisory Committee (BDAC) bas continued its work to create policy recommendations on broadband deployment without a sufficient balance of public and private interests . Local government s AMERICAN PVERSIGHT CEQ-18-0173-E-000100 5 CEQ050FY 18091_000002251 repr sentatives ar outnumb red on tbat committe by industry by a ratio of ten to one and the BDAC's work on a mode l state code was completed behind closed doors without input from a sing le local go emment committee member. One local official , Mayor Sam Liccardo of the City of San Jose , was dri en to resign from the committee by its overwhelming ly biased process and predetermined outcomes .4 As Mayor Liccardo had noted in the few public meetings of the BDAC , the committee ' s recommendations ha e done nothing to address tbe challenges of broadband access and affordability in low-income and rural communities , despite the Commission ' s stated goal of closing the djgital divide . When the Mayor of America ' s 5th largest city is not being allowed to provide meaningful input on important national policy that will affect his and all communities in the country , something is wrong with this process . We do not believe the BDAC represents a good -faith effort by the CC to engage in meaningful dialog or create consensus around the best ways to expand broadband access . If state , tribal , and local officials are wi.lling to olunteer their time and travel to these meetings at the expense of their communities , the CC must take advantage of their contributions . o Preserve Local Authority - I urge this Committe to a oid further preemption in legislation focused on broadband . While I understand the drive to deploy 5G infrastructure efficiently and cost-effecti ely we must not subsidize one sector of the broadband industry at taxpayers ' expense. Imposing new restrictions on cities such as unreasonable shot clocks , restrictions on rent for public property to " actuaJ and direct costs " and deemed granted remedies will only ultimately harm cities' ability to manage responsibly the public rights-of-way for all users . Cities continue to face mounting pressure to provide an increasing number of critical services yet states - and now federal - governments are restricting our ability to raise additional re enue to carry out necessary acti. ities . The federal government sbould w1derstand that even if it adopts the industry 's recommendations and preempts local governments further , cities and counties will not sacrifice residents ' and businesses ' health , safety and welfare by allowing infrastructure where it does not belong . Years of litigation is certainly not a good broadband policy . We best understand our communities ' ne ds and concerns . It is foolish to try to develop national regulations for deploying broadband infrastructure without local governments having a seat at the table. o Strengthen Existing Federal Programs to Expand Broadband Access - s this Committee and others work to in est in broadband infrastructure , r encourage you to focus your efforts on strengthening existing fi deral programs that work . Programs should be impro ed and updated , rather than liminated or replaced with new systems. Every federal grant or loan comes with a certain amount of application and compliance work for eligible cities and leveraging existing programs streamlines the process by allowing communities to use the programs they already know how to manage . For example, the Community De elopment B1.ock Grant and boice Neighborhood Grant programs are extremely flexible tools for communities that can be used for broadband planning and deployment alongside affordable housing and neighborhood improvement projects . These programs should be protected and fully funded . Mayor Sam Liccardo, Letter to Ajit Pai, January 25, 2018, Available online at http://www .sanjoseca .gov/DocumentCenterNiew/74464 . 4 6 CEQ-18-0173-E-000101 AMLHICAN PVERSIGHT 6 CEQOSOFY18091_000002251 Congress should also support existing broadband grant and loan programs that directly distribute federal dollars to local governments and community institutions that work on broadband planning and deployment. The now-concluded Broadband Technology Opportunities Program, the U.S. Department of Agriculture's Rural Utilities Service, and the various components of the Universal Service Fund programs are in1portant tools for closing the digital divide in unserved and underserved communities. Congress should work to ensure that these programs are sustainably funded and have the flexibility to reach as many people as possib le, while also ensuring that money is spent responsibly and where it is most needed. o Tackle Federal Barriers to Infrastructure Deployment - I thank the Subcommittee members for their efforts in directly addressing federal barriers to broadband infrastructure deployment. lo particu lar, passage of the bipartisan MOBILE NOW Act and the dig once provision within the recently-passed FCC reauthorization legislation will support deployment of broadband infrastructure. By freeing up federal spectrum, streamlining access to federal lands, building a database of available infrastructure, and implementing common-sense dig once policies for federal construction , the Committee is helping to eliminate obvious barriers to deployment in federal systems. NLC also encourages Congress to strengthen the federal government's role in data gathering and management to ensure that private and public investments are made where they are most needed. Congress must not only call for an update to the National Broadband Map, but ensure that agencies are adequately resourced to gather that data and that the data provided to the public is accurate. Congress should also encourage the FCC to take action on our 2016 recommendation from the Intergovernmental Advisory Committee to create and maintain a comprehensive database of facilities available for wireless infrastructure collocation , particularly macro cell towers. Collocation reduces the costs and physical imposition of wireless infrastructure in our communities , and should be encouraged as we deploy many more small cell strnctures. The IAC recommended that it would be a good practice for local governments and the FCC to maintain such infom1ation to collocate wireless communications facilities more easily. o Allow Local Governments to Use Every Tool in the Toolbo x - We need every tool in the toolbox to ensure our residents can have access to affordable , modem broadband and do not wind up subsidizing the provider and infrastructure industries without obtaining significant benefits in return. That means allowing local governments to implement innovative policies like touch-once , which minimizes the time and disrnption necessary to add new broadband providers to existing utility poles. Cities also need the freedom to develop municipal broadband networks , if appropriate , without outright or effective preemption that limits competition . Smaller and rural communities that have successfully developed partially or wholly publicly owned networks have found this option to be a critical lifeline in a market where private providers cannot realize a high return on investment. As broadband has become a necessary component for cities to retain talent and attract business, denying them this option ensures that they will continue to experience "brain drain" and fewer economic opportunities. Furthermore , if the Administration and Congress wish to encourage local investment in infrastructure , removing state barriers to direct local investment in that infrastructure is an impo11antfirst step. 7 AMERICAN PVERSIGHT CEQ-18-0173-E-000102 7 CEQ050FY 18091_000002251 o Require Responsible Industry Practices Utility Responsibilities Utilities such as electric and gas do not enjoy the kinds of taxpayer subsidies demanded by the wireless industry. While electric utilities enjoy access to public rights-of-way , that access comes with costs and obligations. These include pennitting fees, payment for access to public property , and obligations to provide certain levels of service to everyone - even in unprofitable neighborhoods. Those utilities are al.so obligated to partner closely with local governments during emergencies , and to repair any damage in a tin1ely fashion. The City of Lincoln and other Nebraska local governments supported reducing the city's fee per pole from its present market rate fee of around $2,000 per pole per year to $95, if wireless providers would agree to build out the State with 5G infrastructure starting in mraJ areas. According to cities in Nebraska, the industry refused, preferring to pay higher pole access rates than providing service in areas that were not profitable. The same response was received in Leon County, Florida, where Tallahassee is located. When asked at a public hearing if the industry would bring 5G to inner city areas where families lack reliable broadband access, the industry , i11 a surprisingly candid moment , said no, and the County Commission was advised that Florida law preempted the County from requiring such buildout. Emergency Preparation and Recovery We also learned a lot thjs year from the horrible storms that struck Texas, Florida, Puerto Rico and the Virgin Islands. Regulated electric utilities worked with local governments to better prepare for and to recover from the disasters. In Florida, after lrma, we bad daily contact with electric utility representatives who were embedded in our emergency operations centers. When cities were working to remove downed trees and debris to re-install utility poles and lines, we worked 24/7 with electric utility contractors. However, since there are no regulations , we did not bear from cable and phone companies, and getting them to move their lines in streets or to restore services in some communities was a challenge. Congress should analyze what occurred in Houston and consider whether undergrounding utilities should be a national priority. It appeared that utilities and communications functioned in Houston despite the tremendous flooding because they are underground. In Florida , most communities have aerial utilities , and lost power and communications during Hurricane Irma. Also, unlike electric utilities, such comparues continue to charge when they do not deliver service after a hurricane unless the customer requests a credit, which residents found absolutely appalling. Wireless providers were nowhere to be found. With no power for towers , many communities reached out for Cells on Wheels powered by generators , but the industry was absent from recovery efforts. Perhaps FEMA should mandate such items for recovery efforts. Rights-of-way Repair Virtually all local governments have also bad their rights-of-way and other utilities within the rights-ofway damaged by the communications industry, from the smallest cable installers to the largest incumbent providers. Trus is just the side effect of perfonning construction in the rights-of-way. However , without the proper authority to require repair and restoration, our communities suffer from unchecked water, sewer 8 AMERICAN PVERSIGHT CEQ-18-0173-E-000103 8 CEQ050FY18091 _000002251 and gas leaks, and interference with access to transportation and businesses . Local governments throughout the country require security funds, insurance , and bonds to ensure that rights-of-way and utilities are properly repaired after damage. Nonetheless , it is difficult to get these companies to do the right thing. When a contractor for Crown Cast le, working on a Saturday without a pennit , damaged newly installed brick pavers on Miracle Mile in Coral Gables , the city had to sue and refuse to issue new permits to get the company to pay for repairs. Conclusion On behalf ofNLC and the City of Wilton Manors , I want to thank the Committee for inviting me to participate in this hearing today. I offer the ongoing assistance oflocal governments as you examine ways to increase broadband deployment responsibly across our nation. I urge you to view local governments as strong partners in ensur ing that broadband services are available to all Americans. Thank you, and I look forward to any questions you might have. 9 AMERICAN PVERSIGHT CEQ-18-0173-E-000104 9 CEQ050FY18091 _000002251 T ESTIMONYOF JORDAN KASS PRESIDENTOF M ANAGEDSERVICES C. H. ROBINSON BEFORETHE U.S. SENATE SUBCOMMITTEEON SURFACET RANSPORTATION AND M ERCHANTM ARINE INFRASTRUCTURE, SA FETY, A N D S ECURITY March 13, 2018 Rebuilding Infrastructure in America: State and Local Transportation Needs C.H. ROBINSON C.H. ROBINSON 14 701 CHARLSON ROAD EDEN PRAIRIE, MN 55347 1 CEQ-18-0173-E-000105 AM RCAN pVERSIGHT 1 CEQ050 FY18091_000002252 Chairman Fischer, Ranking Member Peters, and members of the Senate Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security, thank you for the opportunity to testify at today's hearing . As one of the nation's largest third party logistics providers, C. H. Robinson has a unique view of how goods and commerce flow through our nation's infrastructure from manufacturer to consumer. Our customers represent the entire cross section of freight transportation stake holders and I hope to provide you insights into what supply chain vice presidents and directors need Congress to accomplish in this next infrastructure bill to support their competitiveness. Introduction of Jordan Kass I serve as the President of Managed Services for C. H. Robinson. I joined C. H. Robinson in 1999 via the way of an acquisition. At that time I created a startup within the framework of C. H. Robinson. That business was focused on bringing the internet into the wor ld of logistics and supply chain. Today, C.H. Robinson's TMC division manages over $3.6 billion dollars of logistics spend in 170 different countries on behalf of our customers. Our mission is to develop innovative techno logy platforms paired w ith managed services that help our customers connect , automate, and optimize their supply chains. Introduction of C.H. Robinson C. H. Robinson was founded in 1905 and has grown to over 15,000 employees globally. We are the 10t h largest publicly held company headquartered in Minnesota, and we have offices across the United States. Chairman Fischer, our employees in Omaha specifically asked me to say hello to you . 2 CEQ-18-0173-E-000106 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000002252 In 2016, I addressed this committee as you considered the impact of the internet of things on supply chains wi t h recommendations regard ing funding for U.S. Customs, increasing resources for law enforcement to combat cargo theft, corporate tax rates and land use planning around mega cities and urbanization. We believe many of the items addressed in that testimony are relevant to today's infrastructure discussion. Today it is our intent to provide insight into issues that keep supply chain execut ives up at night and t heir thoughts on freight fundi ng mechanisms. Supply chain professionals see the world through a different lens. Their sole focus is to create a cost effective, predic t able, and repeatable supply chain ensuri ng the right product, get to the right place at the right time. The average supply chain professional today oversees a regional, national or global logistics network. In terms of surface transportation, truck is still by far the dominant mode . lntermodal is important, but today it is mostly used when the service parameters are a good fit. Primary concerns for our customers are consistency of service levels and cost. They want to keep inventory lean and as close as possible to their customers. The balance here is fragile. It is challe nged every day by weather, the imba lance of truck supply and demand and increased congestion through our highways, rail hubs and ports. Since the Great Recession, private sector investment in fre ight technology and equipment have allowed supply chains to move more product with fewer trucks. Yield management software has allowed motor carriers to focus on establishing profitable networks of freight while data has provided supply chain planners detailed visibility of their operations across t he globe. There is little to no underutil ized capacity in the current marketp lace. Our success, however, places tremendous pressure on infrastructure to remain reliab le. There simply is not slack in motor carrier capacity like there was 10 or 20 years ago. While t he private 3 AMERICAN PVERSIGHT CEQ-18-0173-E-000107 3 CEQ050FY 18091 _000002252 sector has continued to invest in order to improve efficiency, public sector investment has not kept pace to match the needed reliability of the modern supply chain. -20% truck cap;,crtylostduring recession ' ~,..... ; J --- -1 5'6 fewertruck,today Ulanin 2007 2010 nse cameagall\Stgreatelasticity' ----~~ -...,._ ----- -..- Ii ,. ! Today"s low elasticity is a disruptionCOO$ ideration H O.o-t o _.. _ ,..,,__._ ii C .5 ij .. i i J ~ B ;; J ,. - ,: C ii ~ 5 ~ ~ ~ .. I ~ j 17 . .. t.-..-,o r. ,: C ! t" I o-o A j 41 .. .- ii ,; I Figure 1: Data from monthly 'Trucking Update" os part of the Freight Focus series by Freight Transportation Research Associates dba FTR. Chart and commentary created by C.H. Robinson Congestion While funding and project delivery rules for infrastructure projects are critically important for lo cal, state, and federal officials, often these discussions are missed by supply chain practitioners until it affects the network they oversee. What does register is the steady decline in the quality of our roads and bridges. While supply chain professionals may not notice an additional 2 or 5 minutes toss of transit time in a year because of increased congestion, they do notice an additional 20 or 50 minute loss of transit over the course of a decade due to incremental degradation of infrastructure . Unpredictable or increasing traffic delays lead to 4 AMERICAN pVERSIGHT CEQ-18-0173-E-000108 4 CEQ050FY18091_000002252 slower velocity of throughput of inventory, far greater exception management, poor and inconsistent service levels and increased costs. We are members of t he Amer ican Transportation Research lnstitute's Research Advisory Committee and can confirm that ATRl's ''Top 100 Truck Bottlenecks" report is a great place to start w hen identifying the best opport unities to invest in freight focused infrastructure. In addition, the principles outlined in the "Building to Win" proposa l by the Nat ional Association of Manufacturers are based on solid supply chain f undamentals. Supply chain profess ionals recogn ize that we are falling behind our overseas competitors. Other countries are investing in infrastructure in a manner that is commensurate with their economic growth goals. Currently, China is investing more t han t he USand Europe combined. Shippers and manufacturers are ready to seize this opportunity to transform our nation's supply chains fo r the better. Truck Parking The current availability of truck parking in our country is insufficie nt. In fact, when weather events challenge truck drivers, some of our customers have begun opening their yards not just to drivers on loads for their own freight, but for all truck drivers. They recognize that there is simply no place for these drivers to go. Washington, D.C. is a great example. As you leave today's hearing take a look arou nd. I'd challenge you to find a place w here a driver, let alone t housands, can safely park the ir vehicle. We are encouraged by prov isions included in MAP-21 and the FASTAct to address truck parking and we look forward to additional solutions to t his issue that will make America's supply chain more competitive. 5 CEQ-18-0173-E-000109 AMERICAN PVERSIGHT 5 CEQ050FY18091_000002252 Freight Advisory Committees This committee should also be aware that many supply chain professionals feel very disconnected from the policy making process. If they do have a local need or issue, they have troub le connecting in a time ly manner with the right agency or official who can address the issue. Sometimes a supply chain profess ional may have a need in Missouri, but controls the freight from their office in Atlanta. We see the same frustration from state and local officials who try to engage the freight community. The establishment of state Freight Advisory Committees as part of the FASTAct has provided shippers an opportunity to more directly connect with state infrastructure planners. We see tremendous potential for these committees to be incubators of policy and expertise for both state, regional, and national freight transportation planners. One example of how this structure is working successfully is how a proposal by U.S. Customs to adjust hours at a border crossing in northern Minnesota was vetted through the Minnesota Freight Advisory Committee and stakeholders were quickly identified to provide input and execute a solution that worked for all public and private stakeholders. Congress should continue to bolster this program and provide more opportunities for these Freight Advisory Committees to add their vo ices to the fre ight infrastructure planning process. Nationa l Hiring Standard for Motor Carriers Supply chain professiona ls know that improving efficiencies means paying attention to the detai ls and commun icating well with all stakeholders. One area that could increase supply chain efficiencies is resolving the confusion regarding the use of publicly available data from the Federal Motor Carrier Safety Administration. Currently, there are no requirements for shippers 6 AMERICAN PVERSIGHT CEQ-18-0173-E-000110 6 CEQ050FY18091 _000002252 or brokers to check carrier credentials issued by FMCSA.In fact, in April 2017, the Commercial Vehicle Safety Alliance (CVSA)updated their administrative out -of-service criteria to include lapsed U.S. DOT numbers. Neither CVSAnor FMCSAannounced this change broad ly to those who hire motor carriers and they have not consolidated all the information that allows a motor carrier to operate on the nation's roads into one single website. This confusion over data has resulted in many shippers not checking any carrier qualifications which leads to inefficiencies in enforcement for FMCSAwhen industry could be acting as a force multiplier. Other shippers may be using unrelated or less important data than they should which leads to a smaller pool of carriers for them to choose from when they really could or should have access to a wider range of carriers. We encourage this committee to include a National Hiring Standard for Motor Carriers in this infrastructure bill that allows shippers and brokers to be on the same page with FMCSA,thereby increasing efficiencies of both supply chain professionals and law enforcement. Freight Infrastructure Funding Mechanisms While supply chain professionals may not discuss funding formulas, we do talk about federal infrastructure funding mechanisms quite a bit. Supply chain experts know that the freight side of infrastructure funding has very different dynam ics than the automobi le side. We encourage this committee to de-coup le fre ight funding in your thinking. In other words, separate the historic links of the gas tax and the diesel tax. For the freight portion of infrastructure funding, supply chain professionals have reached as clear a consensus as I have ever seen. We wholeheartedly prefer vehicle miles travelled (VMT) or the federal diesel tax compared to other widely discussed proposals. 7 AMERICAN PVERSIGHT CEQ-18-0173-E-000111 7 CEQ050FY18091 _000002252 A VMT for freight wou ld be easily absorbed by the supply chain based on current operat ing and pricing structures. Miles travelled is widely used and reported in supply chain measurements and ultimately would be very easy to incorporate into a wide range of pricing structures all along the supply chain, however, we understand there are issues that may prevent timely adoption of this method for this current infrastructure bill. A bridge to buy time to get to a VMT is the current diesel tax. While many ta lk about the erosion in purchasing power of the gas tax due to more fuel efficient hybr id cars and a decrease in overal l driving habits, those scenarios have not played out to the same degree in freight . If diesel prices change due to an increase in state taxes or marke t increases, the freight industry has an effic ient system to accommodate and incorporate those changes into weekly operatio ns. This committee may not be aware that the average national diesel price pub lished every Monday by the Energy Information Agency is a highly regarding and universally referenced index within transportation contracts . From a freight perspective, an increase in the diesel tax would be eff iciently absorbed across t he supply chain, just like state level diesel tax changes are incorporated today. While to lls may work well for autos, they present problematic administrative burdens w ithin the supply chain. Administratively, toll receipts can be challenging for motor carriers and brokers to incorpo rate into pr icing and included with invoicing in a time ly manner. Very simp ly, tolls that vary state to state can have unintended consequences to business and commerce within the United States. Finally, a proposed highway services tax or waybil l tax based on the value of freight transportation costs would be exceedingly comp licated and worrisome to our nation's 8 AMERICAN PVERSIGHT CEQ-18-0173-E-000112 8 CEQ050FY 18091 _000002252 businesses. Surface transportation rates, in particu lar truckload, fluctuate w idely. Not only would th is create a challenge to predicting revenue but U.S. businesses could be impacted in a very negative way relative to their overseas competition. More tax from shippers when freight rates rise would further stress transportation budgets, regardless of whether more infrastructure was being used or not . We understand that on the surface it appears it would be easy to rep licate the airfre ight services tax for truck transportation, but based on our exper ience with both modes, we remain deeply skeptical that a highway services tax would be as efficient to imp lement in freight as an increase in the diesel or VMT funding mechanism. One major difference is that there are hundreds of thousands of more motor carriers than airfreight carriers and most motor carriers are small businesses. Freight bills routinely change from first time of invoice and we fear that a proposal to tax freight value could harm small carriers and lead to a shift toward the use of private fleets as manufacturers and retai lers try to minimize the amount of tax paid. Furthermore, short, minimum shipments of under 150 miles would also be taxed disproportionate ly to their use of infrastructure. Establishing truckload market rates for purposes of tax compliance would require details such as average loading time, length of notice of shipment and other qualities of the freight that are complex and tedious to document for every shipment. For these and many other reasons, we do not see a Highway Services Tax being feasible or predictable enough to pay for fre ight's portion of infrastructure. Thank you for the opportunity to provide insight into the needs of supply chain professionals as users of our nation's infrastructure. Supply chain professionals are ready to see significant new investment in infrastructure because unpredictable traffic delays for freight result in poor service levels and wasted money. We look forward to working with the committee to identify solutions that will allow U.S.supply chains to continue to lead the world. 9 AMERICAN PVERSIGHT CEQ-18-0173-E-000113 9 CEQ050FY18091 _000002252 Testimony of Kyle Schneweis, P.E. Director, Nebraska Department of Transportation United State Senate Committee on Commerc e, Science, & Transportation Subcommittee on Surface Transportation and Merchant Marine Infra structure, Safety and Sec urity Ma rch 13, 2018 Chairman Fischer , Ranking Member Peters and members oftbe Subcommittee , thank you for the opportunity to testify before you today. My name is Kyle Schneweis and I am the Director of the Nebraska Department of Transportation (NDOT) . Our agency bas nearly 2, 100 employees spread across our eight field districts and the departmental headquarters in Lincoln , and we are responsib le for the nearly 10,000 miles of roads and 3,500 bridges that are owned and maintained by the state. Because of Nebraska 's central geographic location , we serve as a key link in the national transportat ion network , with our highways and lnterstate 80 being crucial corridors for commerce and the transport of goods and commodities all across the country. In addition , Nebraska is home to some of the nation ' s largest railroads and trucking operations , making the importance of the efficient movement of freight even more imperative and front of mind . Governor Rickett 's vision for bis administration is to " Grow Nebraska. " State agencies are focused on making government more effective and efficient , improving customer service , and creating opportunities for Nebraskans . Governor Ricketts recogn izes that infrastructure provides the framework that ties communities together and helps grow our state . Our Governor and state legislature has been very active on transportation issues in recent years , passing legislation to prioritize funding for infrastructure and giving our agency the tools to streamline the project delivery process. For example , in 2011 a bill championed by then-State Senator Fischer called the Build Nebraska Act was passed dedicating 1/4 of 1 cent from state sales tax receipts to fund new capita l construction projects. In addi tion , in 2016 the Nebraska Legislature passed the Transportation Innovation Act , which created and financed the state's first transportation infrastructure bank and established programs that allow us to provide matching funds to localities to address deficient bridges and to spur economic development tied to loca l infrastructure investments. The Transportation Innovation Act also authorized the department to utilize innovative project delivery methods including Design-Bui ld. As a result of this strong leadership from elected officials in our state , we ' ve been able to move forward with many projects that had been put on the she lf due to a lack of funding. A great example is the fact that we are now able to finally complete our state expressway system , which had been talked about for decades prior . Nebraska did all of this by taking a critical look at an AMERICAN PVERSIGHT CEQ-18-0173-E-000114 1 CEQ050FY18091 _000002253 existing revenue stream and repurposing a portion of it for infrastructure , resulting in investing an estimated $1.6 billion in projects over the next 20 years. Fina lly, last year our state legislature passed a bill that authorized NDOT to work with the Federal Highway Administration to take on National Environmental Policy Act penn itting responsibilities from the federal government , utilizing a federal program first initiated as part of SAFETEA-LU and made permanent under MAP-21. I believe we are one of eight states that have sought out that authority thus far, and once the process is complete , it will be incredibly beneficial to our ability to deliver projects in a more efficient manner. As a state DOT, we've been very encouraged by the discussions taking place in Washington , DC, about infrastructure , particularly the Administration 's focus on making sure dedicated funding is availab le to rural states and further streamlining project perm itting requirements . Additionally , with the framework that has been put forward by the President , we look at it as an opportunity to be creative in how we pay for projects and see the potent ial in trying to fund infrastructure beyond the traditional methods. We all understand that the funding resources across the country don't match up with the investment needs-this means creative , outside-thebox thinking is a must if we' re going to meaningfully improve the state of our national transportat ion network . While this Subcommittee and the full Committee further discuss and evaluate proposals that are brought before you, here are key recommendations I would like to make on behalf of the Nebraska DOT and many of my state DOT peers around the country . The first recommendation is to make sure that the funds tied to any infrastrucn1re package have as few federal strings attached as possib le. States and Governors are best positioned to put transportat ion dollars to work on projects immediate ly and get people working. Even with states like Nebra ska that have been proactive in generating dollars at the state level to fund transportat ion projects , there still remain billions of dollars in needs. States and their local partners know exactly what the most important priorities are for their communities and where additional dollars can be utilized most quickly. In this vein, the President ' s plan proposes a $50 billion Rural Infrastructure Program , with $40 billion of that specifically going to rural block grants. We are extremely supportive of this idea for exactly the reasons I just mentioned. The President's proposa l has also spurred discussions on seeking more dollars from state and local governments in relation to federal dollars. While there may be some merit to the approach to reward states that choose to prioritize state funds for infrastrucnire , I do think it's also important to recognize the prior financial commitments that states bave already made to get projects moving. Many state legis latures , including in Nebraska , raised their state gas tax in the past few years to invest in infrastructure . Asking states to enact additional revenue increasing measures is not feasible in those states that have taken similar action in recent years. T would encourage any legislation to include a " look-back' ' provision that gives states and local governments who have already stepped up to the p late and made the tough decisions to increase infrastructure investments full credit for projects and funding that were committed prior to the passage of any legislative proposals. 2 CEQ-18-0173-E-000115 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000002253 Public-private partnerships (P3s) and inducement of more private investment in infrastructure finance and procurement are also being discussed as possible options to leverage federal do!Jars behind the Pre sident' s plan . While rural states like Nebraska may have challenges attracting investors based on the nature of projects we have , we believe that creating opportunities for incentives gives us anotber tool in the toolbox to be innovative in how we deliver certain projects in the future. I would also like to harken back on the need to further streamline the environmental pennitting and approvals process. While Nebraska bas already taken steps to reduce that burden by taking on NEPA assignment , that doesn ' t prevent us from still getting tied up in federal red tape and adding years and millions of dollars in costs to projects. I believe state DOTs should be provided with more opportunities to assume federa l responsibilities and the associated accountability for compliance with federal environmental pennitting laws tbat are tied to infrastructure . Doing so does not absolve a state from serving as leading stewards of both human and natural environments ; rather, it enables states to save time and taxpayer dollars , and ultimately providing better customer service to our constituents , while ensuring that the environment that my family and my fellow citizens of Nebraska live iu remain protected. Chairman Fischer , Ranking Member Peters , and members of the Subcommittee , thank you again for the invitation to join you today and I look forward to your questions. 3 AMERICAN PVERSIGHT CEQ-18-0173-E-000116 3 CEQ050FY 18091 _000002253 ~ ~'?:,J o"'Y' American Short Line and Regiona l Railroad Associatio n TESTIMONYOF Jo E. Strang Senior Vice President, Safety and Regulatory Policy American Short Line and Regional Railroad Association HEARINGTITLED The Rebuilding of Infrastructure in America: State and Local Transportation Needs BEFORETHE Senate Committee on Commerce, Science and Transportation, Subcommittee on Surface Transportation, Merchant Marine Infrastructure, Safety and Security. Tuesday March 13, 2018 I 2:30 PM 253 Dirksen Senate Office Building Washington, DC AMERICAN PVERSIGHT CEQ-18-0173-E-000117 1 CEQ050FY18091 _000002254 JoStrang I ASLRRAI Writt en Testimony Senate Commerce Committee Thank you, Chairwoman Fischer, Ranking Member Peters and Members of the Committee. My name is Jo Strang and I am Senior Vice President for Safety and Regulatory Policy of the American Short Line and Regional Railroad Association (ASLRRA). We are the nat ional trade association representing the nation's 600 Class II and Class Ill railroads (referred to collectively as "short lines"). Together short line railroads operate just under 50,000 miles of track, or nearly one third of the nationa l railroad network. They operate in 49 states and in 36 of those states they operate at least one quarter of the state's tota l ra il network. In five states, short lines operate 100% of the state's rail networ k. In the states represented by this Subcommittee's Members, there are 231 short lines operating 20,951 t rack miles. Short lines are often called the fi rst mile/last mile of the nation's railroad system and handle in orig ination or destination nearly one out of every four r ail cars moving on the nat ional system . I have attached a map of the network. Short lines have four defining characteristics. 1. Short lines are small businesses. Our combined annual revenues are less t han the annual revenues of any single one of the nation's four largest Class I railroads. The average short line employs 30 people or less, and a sizable numbe r are run with less than a dozen employees. Like all small businesses, we are forced to do more with less. 2. Our importance is not our size or our total market share. but in who and whe re we serve. For large areas of the country and particu larly for small town and rural America, short line railroad service is the only connect ion to the national railroad network. For the businesses and farmers in those areas, our ability to take a 25-car train 75 miles to the nearest Class I interchange is just as important as the Class l's ability to attach that block of traffic to a 100-car unit train and move it across the country. While midwestern grain shippers cannot complete the journey to pou ltry farm markets in the southeastern United States without Class I railroad service, for many, they cannot start the journey w ithout short line service. Short lines serve ove r 10,000 shippers nationw ide and we find those shippe rs quite willing to testify to the importance of the ir short line rail service. I have attached to my testimony a list of quotes from current customers. We have selected a wide variety from across the country to give you a sense of the important relationsh ip between shippers and their short lines. In general, they sound like this: "Our serving short line railroad is truly a partner for our paper mill. The services provided, including freight haul in and out, daily switches, and rail car maintenance help us keep our mill running successfully day in and day out. It is critical to the 400 plus people employed here that our short line railroad be able to continue to operate successfully." 3. The majority of short lines operate track that was headed for abandonment under previous Class I owners. These were light density branch lines that could not make enough money under the cost structure of the big nationa l carriers. They served custome rs located "off the beaten path" of the large railroads ...meaning not on their main lines. These customers typically shipped smaller volumes. Because these were margina l or money losing lines they received litt le or no capita l investment by their previous owners, result ing in significant deferred maintenance. To be successful, short line owners must not only overcome that deferred maintenance but upgrade their tracks to handle the heavier, longer trains of our Class I connect ions. To do that short lines invest on average from 25 to 33 percent of their annua l revenues in rehabilitating March 13, 2018 CEQ-18-0173-E-000118 AMERICAN PVERSIGHT 2 CEQ050FY 18091 _ 000002254 Jo Strang I ASLRRAI Written Testimony Senate CommerceCommittee their infrastructure and this makes short line rai lroad ing one of the most capital intensive industries in the country. To provide some dollar perspective, to rehabilitate one mile of typical 90-pound track up to standards necessary to handle today's modern railcars costs between $400,000 and $500,000. Because we thought the committee might appreciate seeing exactly what we're talking about, this is a picture of a small cross-section of older 90-pound rail and one of more modern 115-pound rail - in essence, we need to change out the smaller lighter rail on the left for the heavier stronger rail on the right, and we need to do it across much of a 50,000 mile network. A single bridge replacement is a multi-million dollar project . We estimate the total short line cost for what needs to be done just for track and bridges is $10.8 billion. 4 . Without upgrades to short line tracks and bridges, customers served by short lines face potential competitive disadvantages. If a short line is not able to handle an industry-standard, heavier-weight freight car, they must ship or receive rail shipments often in suboptimal rail shipment sizes. This will become a more pronounced prob lem with time, as the older, smaller freight cars used in the national railroad fleets reach their mandatory retirement age and become unavailable. At that po int shippers will either have to use the newer, more expensive freight cars and light load them, or divert their shipments to trucks. Before I discuss the various infrastructure programs under the jur isdiction of the Commerce Comm ittee, let me emphasize that the most important and effective infrastructure program for the short line industry is the Short Line Railroad Rehabilitation Tax Credit, known as 45G. Congress enacted the credit in 2004 and has renewed it six times through 2017. The credit has been a major factor in maximizing infrast ructure investment, both by the short lines and by their shippers that are the beneficiaries of the improvements. It is simp le to administer, it targets the money on the projects that yield the highest benefit, and it makes railroads safer. We believe making the credit permanent is the most important thing Congress can do to help short line railroads rebuild and improve their portion of America's infrastructure. We know and appreciate that many of you agree. Fourteen of the 17 Members of this Subcommittee, including Chairwoman Fischer and Ranking Member Peters, are co-sponsors of S. 407, the stand -alone bill that would make the credit permanent, and likewise full Committee Chairman Thune and Ranking Member Nelson are co-sponsors . March 13, 2018 CEQ-18-0173-E-000119 AMERICAN pVERSIGHT 3 CEQ050FY 18091 _ 000002254 JoStrang I ASLRRAI Writt en Testimony Senate Commerce Committee I know that tax legislation is not the purview of this Committee but as the Comm ittee that is the most knowledgeable when it comes to railroad infrastructure matters, I urge you to take our tax credit message to your Senate colleagues whenever and however the subject of infrastructure is addressed in this Congress. Regarding tha t which is in your jurisdiction let me comment on several specific programs and conclude with some thoughts on infrastructure programs in genera l. We strongly support the CRIS! program as it specifically provides for short line eligibility and puts a focus on benefit -cost analysis. We t hink with that level playing field, short line projects w ill fare well. Furthe r it includes a special category for Railroad Safety Technology Grants which can potentially be very helpfu l as we work to implement and pay for the Positive Tra in Control mandate. We were pleased to see the USDOT issue its first CRISI NOFO last month, we strong ly support CRISIfunding being brought up to its authorization levels in FY18and FY19appropriations, and we think that additional support for CRIS! would be appropriate as this Committee works to develop an infrastruc ture package. We likewise support the TIGERgrant program. While the benefit-cost analysis hurdles are steep for short lines operating in rural areas and serving relat ively small shippers, short lines have succeeded in securing numerous grants over the life of the prog ram. The application process is extraord inarily t ime consuming and the competition is fierce for these grants, but year after year many short lines are willing to go th rough the process and in genera l we have found that short line projects stack up pretty well against projects from other modes when measured on any sort of apples-to -apples basis. We are also support ive of the INFRA grant program, formerly known as FASTLANE. There is value in a mer it-based discretionary grant program open to multiple modes of transportation, especially one that is focused on freight and goods movement. While t he main category of INFRAis targete d at mega projects that exceed the size of most short line work, the small projec t port ion of the program is of value to us. We would be supportive of a significant expansion of INFRA in a new infrastructure package, but would suggest an expanded small project component and a remova l of the arbitrary and counterproductive limit on how much of the program can be spent on non -highway projects, especially in a scenario where the prog ram is not being 100% funded by a highway use fee. Many of you are likely familiar with the RRIFloan program and the many efforts by Congress and both Republican and Democratic Administ rations to improve the program - efforts that have met wi th limited success. I will not repeat all that history here, but I do want to caution the Committee regard ing RRIF's potent ial to address short line infrastructure issues. The RRIFprogram is an author ization for $35 bill ion in loan autho rity, but it is not cont ract aut hori ty o r even an aut hority for an appropriation. It's still just a loan that must be paid back. Of tha t $35 billion in loan authority, $7 billion is set aside for short lines, yet in the almost 20-year history of the program, short lines have secured less than $1 billion in loans. Overall only $5.3 bill ion in loans have been approved and the vast major ity of that has gone to Amtrak and public transit agencies. It typ ically takes over two years to get a single loan approved and the cost of processing is extraordinarily high. Towards that point , t he Build America Bureau's recently published RRIF Dashboa rd (https://www .transportation.gov/s ites/ dot.gov /files/ docs/policy-i nitiat ives/progra msand-serv ices/rrif /284231/ rrif-dashboa rd-fe b-1-2018. pdf) shows five draft applications pending as of February 1, 2018 - those "dra ft" applications were received at the USDOT between May 2016 and July 2017, but here we are in March 2018 and they are all still just sitting there. March 13, 2018 AMERICAN PVERSIGHT CEQ-18-0173-E-000120 4 CEQ050FY 18091 _ 000002254 JoStrang I ASLRRAI Writt en Testimony Senate Commerce Committee RRIFloans are not going to be the solution for a significant number of short line rail rehabilitation projects and we hope that Congress will not use the large loan author ity number to "check the short line box" as it puts together an infrastructure package. That being said about RRIF,we do th ink there are opportunit ies to improve the prog ram and we would be happy to work with this Committee to do so. Perhaps with the right changes and then aggressive oversight of the program, it cou ld be made to work efficiently for short lines. Useful changes wou ld include a subsidy to the prog ram so that app licants we re not forced to pay an often -prohibitive Credit Risk Premium, expanding the length of RRIFloan terms to match the loan to the sometimes 50+ year asset life of the infrast ructure being financed, and encouragement to the USDOTto provide a reasonable estimate of the likely required CRP to a potential borrower much earlier in the process than typ ically occurs. I should also note that we are encouraged by recent discussion w ith the Build Amer ica Bureau in which they are considering ways to simplify and expedite the process for some borrowers who could meet a transparent and publicly available set of criteria - that would be a potential ly significant improvement to the process. Whi le there appears to be genera l agreement that Congress should enact a significant infras t ructure fund ing package, the specifics are still to be dete rmined. As you consider how to proceed we believe there are four genera l prov isions that will be important for short line participation: 1) Short lines should be directly elig ible applicants for proj ect grants, sim ilar to CRISI. Too often in the past, federa l programs have been only open for application to local units of government, which in tu rn requires short lines to create unnecessarily comp lex and burdensome applicant structures and which sometimes favors polit ically popu lar projects over econom ically beneficial projects. 2) The appl ication process needs to be as simple and transparent as possible. Short lines are small businesses and genera lly the individua ls writing and engaging with the government on our appl icati ons are employees with other duties on the railroa d. We don't have ful l t ime grant writers or the resources to hire expensive Washington DC consulting firms. 3) The analysis used to judge a project should not be a rigid one -size-fits -all process. For examp le, the process to apply, the public planning and the engineer requ ired, and the appropriate benefit-cost analysis format fo r incrementally upgrading a ten -mile segment of existing t rack serving five small grain elevators should not be the same as building a new subway line or adding lanes to an interstate highway. 4) Often with pr ior TIGERand INFRA grants the re is an extreme ly time consuming period between USDOTannouncing the award of the grant and completion of all items required to advance the project to construction. This appears t o be largely due to two on-going issues. First, there is too much involvement required for the grant agreements. Considering that these agreements are generally in a standard USDOTformat, a drawn out process to fi nalize the grant agreement shou ld not be necessary. Second, if there is to be an associated environmental approval process it typically requires a very long time to complete. This can be t rue even if the project qual ifies fo r a categorica l exclusion from the Nationa l Environmental Protection Act mandated reviews. Grant agreement approval processes that last for years are of no use to those running a business. March 13, 2018 AMERICAN PVERSIGHT CEQ-18-0173-E-000121 5 CEQ050FY 18091 _ 000002254 JoStrang I ASLRRAI Writt en Testimony Senate Commerce Committee To summar ize this section on grant and loan programs: o CRISI,TIGER,and INFRAare all useful tools, and generally we support their expansion and improvement. However, even functioning optima lly, these programs would still be only able to help just a few short line railroads each year . There are 600 short lines in the United States, and the ove rwhe lming majority have a significant amount of capital investment needed, so even if 10 or 20 short lines were to benefit from CRISI, TIGER,and INFRA in a year, that would leave 580 or 590 railroads unsupported. And even for those projects that are lucky enough to receive a grant or loan, the process is slow and expensive . At the end of the day, that is why we always come back to the 45G rehabilitat ion tax credit as our #1 ask in a potential infrastructure package - it is the most eff icient and effective way to support all short lines, and it is a proven success. o All prior efforts to improve the RRIFloan program to make it meaningful to short line railroad infrastructure proj ects have been unsuccessful. Wh ile it is possible the current improvement efforts by the USDOTBuild Amer ica Bureau wil l improve the program, and the elim ination of the CRPwould be an important development, it is difficult to see how RRIFcould ever be a widespread solution to the infrastructu re needs of short line railroads . Briefl y on the subject of truck size and weight, short lines oppose any increases to t ruck lengths, including efforts to force states to allow Twin 33s. Increased truck lengths w ill divert freight from largely privately -owned and-maintained rail road infrastructu re to already ove r-crowded and congested highways that are heavily subsidized by general taxpaye rs. Given the th reat of bigger trucks, short line railroads have consistently opposed increasing truck lengths, especially in the annual appropriat ions process. We ask that any considera tion of bigger trucks be t ied to a full vet ting by the authoriz ing committees of jurisdiction and include a fu ll understand ing of the divers ion from rail to highway and the tr ue infrastructure cost of accommodat ing even larger trucks. Let me conclude with an issue unrelated to direct government funding but critical nonetheless to our ability to maximi ze capital investment. The short line railroad industry is awash in unnecessary and expensive regu lations that divert precious investment do llars from infrastructure improvements that are t he best way to improve safety. Most damaging for short lines are the kind of one -size-fits-all regulations that provide no basis for the presumed benefits and that don' t take into consideration our unique operating characteristics . Two stand out in particu lar: 1) The Part 243 tra ining rules pursuant to the Rail Safety Improvement Act of 2008 impose a huge and meaningless paperwork requirement on top of what are already substant ial training and qual ification requirements. They are attemp ting to fix a non-existent problem. Congress should repeal this rule or at the very least require the FRAto retrac t and revise th is rule in a much simpler fashion. 2) Mandatory two -person crews are also a solution in search of a problem. There is absolutely no evidence from the Federal Railroad Administ ration or any ot her institution of a safety benefit generated by a second crew member . It is particular ly ironic that as the government is spending bill ions of dol lars to facilitate the move to drive rless vehicles on the open architectu re of the highway system, it is making the railroads do just the o pposite on the closed architecture of the railroad system. March 13, 2018 AMERICAN PVERSIGHT CEQ-18-0173-E-000122 6 CEQ050FY 18091 _ 000002254 JoStrang I ASLRRAI Writt en Testimony Senate Commerce Committee I am proud to say that as of today the short line industry has gone one year and 127 days without a single fatality. It is often said, and correctly so, that one fatality is one too many and we do not mean to rest on th is one accomp lishment. But we believe that every dollar spent on these kind of excessive regulatory requ irements is a dollar that cou ld be better spent on improving track or rebuilding bridges and those are the dolla rs that do t he most to improve safety. I know this Committee does not write these rules but you have jurisdiction over the FRAwh ich does and I urge you be continually vigilant in your oversight of their work. We believe that the RAILSAct introduced by Chairwoman Fischer over the summer wou ld be an excellent addition to a potential infrastruc t ure bill and wou ld be help ful in permanent ly reforming and imp roving the FRA regulatory process . In summary, I'd note that this hearing is being held to "examine opportun ities to improve the national transportation network to better connect communities across the country." We ll, connecting commun ities, part icularly rural, industria l, and agricultural communit ies, across the country to the national rail network and domest ic and international markets is exactly what we do every day, and we very much appreciate t he Committee's willingness to consider our suggestions regarding how to improve our ability to do that important work. I'll be more than happy to answe r any questions. Thank you. M arch 13, 2018 AMERICAN PVERSIGHT CEQ-18-0173-E-000123 7 CEQ050FY 18091_000002254 U.S. Short Line Freight Rail Network L u co Hermer..lll o 0 0 ChlhuJhU.J Short line Railroad ClassI Railroad m 0 0 0, 0 "Tl -< .... Torreon co 0 <.0 Sources. FRANorth Amorf<.ln Rafi Notworl<; ESRI T-oaph,c .... 1 8 RCAN ~ VERSIGHT 0, ~ Map CuhJCJn Q f.tort e11 t!y Prep21~d by : Assocfation of American A.ailroads. March 2018 CEQ-18-0173-E-000124 Short Line Railroad Customers Talk about Service and the Short Line Rehabilitation 45G Tax Credit Dana Shellberg, of Allweather Wood LLC, in Loveland, CO A customer of the Great We tern Railway of olorado " Without the Great Western Railway of Colorado we would have to truck all our lumber in from Oregon , Washington , Alabama and Arkansas. This would not allow us to stay competiti e in the lumber market." Robert Glezen, of Mont Eagle Mills Inc. in Oblong and Pale :tine IL A customer of the lnd;ana Raif Road "S hort line rai lroads are an increasingly important piece of our nation's infrastructure. Our business depends upon the Indiana Rail Road to serve the agricultural base of southeastern Illinois." David Doti, of Jadcore, L C, in Terra Haute, IN A customer of the Indiana Ra;[ Road ' The Indiana Rail Road is our only connection to the main line. All of the other carriers have either merged or are out of business . The plastics industry relies on the railroad for its de li ery of finished products all over the country. " Dani 1 Semsak, of Pacific Woodtech Corporation, in Sagjnaw, Ml A customer of the Lake State Railway "We depend on short lines to get into our customers' faci lities . Rail access is essential for our company and our customers to be able to grow . As the lass 1 railroads have focused more and more on unit trains for inefficiencies, small business bas relied on short line for survival. We need the short lines for the "last mile" ." Br ian Arnhalt , ofMinn-Kota Ag Products , in Breckenridge , MN A customer of the Red R;ver Valley & WesternRailroad " Our rail s rvice from the Red River Valley & Western Railroad is outstanding . The personalized attention to our customer needs is a big help in the success of our business ." Curt Waifel of Akzo Nobel Inc. in Colum bus MS A customer of the Alabama and Gulf Coast Railway "Akz o obel bas long been supportive of the short line railroad tax credit. We see this as an excellent way in which short lin railroads may 11stretch'' a dollar to upgrade their railroads and impro e service to rail shlppers.' CEQ-18-0173-E-000125 AMERICAN PVERSIGHT 9 CEQOSOFY 18091_ 000002254 Shon J,ine Railroad Customers Benefit fimn Section 45G !11re.rn11ew., Chuck Hunter , of PSC Metals , Inc., in St. Louis, MO A customer of the Terminal Railroad Association of St. Louis 'The six short lines that serve our facilities have and will play a vital role in the growth of our company. They have worked with us to add rail service to several of our facilities , issued rates to incent rail service -vs- truck. Their local presence and willingness to partnership in problem solving bas been a blessing. These service providers are an essentia l part of our continued success in the North American marketplace." Levi Ross, of Dead River Company, in North Walpole , NH A customer of the Green Mountain Railroad "Our retail petroleum business is dependent on the service of short lines for a dependable regional supply chain ." Jason Tininenko, of Freeport McMoRan , in Hurley , NM A customer of the Southwestern Railway "There are several short line railroads that are integral to our business. They provide a consistent , cost effective option for us to move large volumes of freight both to and from our mining locations. " Mike Sawyer, of Western Producers Cooperative , in Dill City, Rocky , and Sentinel , OK A customer ofFarmrail "Our livelihood depends on railroads shipping our grain. Fannrail does a great job iu taking care of our needs. We need their services! " Steve Stivala, of MacMillan- Piper , in Tacoma , WA A customer of Tacoma Rail "Tacoma Rail is an integral part of our business and overall operation in Tacoma. The short line railroad provides us with consistent and reliable service on a daily basis. By meeting our needs and requirements , we are better able to service our customers. This would not be possible without the assist from Tacoma Rail." Maurice Bohrer , of Michels Materials , in Janesville and Waterloo, WI A customer >.., ;u uu.,au ., Notify Publi c ; L Notify local Governments Consult with Tribes N Floodplain NO PROBLEM I I Tribal& Historical Sites I [ oooo oo Structure over450ft. FCC Requires EA? I : I No II' - ,; I I Antenna Registration I Needed? ooooo I I I I ooooooo ? ....................... I I I I I I I I ........... , I I ?-- .,_ oo FCC Additional Info Requests NO PROBLEM PROBLEM Historic Artifact or Adverse Effect oo I Move/ Change Site oooooooooooooooooooo No Construction CEQ-18-0173-E-000140 AM RCAN pVERSIGHT 14 CEQ050 FY18091_000002255 ~ o cca ~ Apa~,~~~i E ~'1 ~ ~ csp1re rural. regional. nationw ide. CarolinaWIRWest E LESS Thistslift. Connectwith it ~ 7ECH . INLAND t i-1 I.ULAR GCI 'fo iWirelc.,ss ;: . .Mobile.- -"' Always connected to you ."!'!~ ~~!~i~c!!9(R) ~ l SH ENTEL . NorthwestCell wireless VIAERO _4 1 - DOCOMO PACIFIC l CELLULAR ONE' -~ F c. ~~ . docomo ~TC .BLUEGRASS ,.CELLULAR Unio)} IVNN ;MWMWW ll JAMES . l@.LLEY ITLECO ,\GBP\IUNICATIONS e o mob1\enat1on fe_U.S.Cellular . WIRELESS Connechng LIie February 27, 2018 BYELECTRONIC FILING Ms. Marlene H. Dortc h Secretary Federal Communications Commission 445 12th Street , SW Wash ingt on, DC 2055 4 Re: NOTICEOF EXPARTE WT DocketNo. 17-79: Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; WT DocketNo. 15-180: Revising the Historic Preservation Review Processfor Wireless Facility Deployment; WC Docket No. 17-84:A ccelerating Wireline Broadband Deployment by Removing Barriers t o Infras tru ctur e Investmen t Dear Ms. Dortch: We are CEOsand senior -ranking off icers representing wi reless carriers serving custome rs in cit ies, small towns, and rural areas througho ut t he Unite d States. Stream lined infras t ructu re refo rm is crit ical to serving consumers in low density, hard-t o-reach areas, and we suppor t the Federal Commun icat ions CEQ-18-0173-E-000141 AMERICAN pVERSIGHT 15 CEQ050FY18091 _ 000002255 Commission's (" FCC' or "Commission") work to address barrie rs to mob ile broadband deployment. To bridge the digital divide in rur al America, we urge imm ediate action by the Commission to spur investment and increase certainty as we work to preserve and expand service in the most challenging locales in the United States. Non-nationw ide carriers serving rura l and regional consume rs are actively engaged in t he comm unit ies they serve. We connect crit ical services such as telehea lth to pat ients for monitor ing and cutting-edge cures, and enable students to access the same educat ional resources as their peers in urb an cente rs. On farmlands and ranchlands, our netwo rks often cover more catt le t han people, and mobile broadband helps farmers leverage modern farm equipment in today's thriving agriculture com muni ty to conserve resources and increase yields . And in times of eme rgency or disaster, we are the critical link to public safety netwo rks and services. With the move towards next-generation techno logies, the time is ripe to adopt streamlined infrast ructure policies that promote invest ment, expedite processes, and remove red tape. Specifically, stream lined regulations should reflect advancement in technology, and regulations for tall towers should not apply to small cells and Distributed Antenna Syst em ("DAS"). The FCCshould take immediate steps to declare t hat small cells and DAStechnology do not requ ire dup licate and redu ndant review actions which slow or cease mobile infrastructure deployments. Likewise, t he Commission shou ld adopt targeted po licy reforms t hat stream line histo ric and environmenta l application review processes, and encourage collaboratio n between Tribal entit ies and state and local governments, to reduce or elimi nate burdensome deployment procedures for all st akeholde rs. The Commission's commitment to reforming mobile broadba nd infrast ructu re deployment processes is shared by nationwide, rural, and regional carriers alike. We commend the work done thus far and remain eager for cont inued collaboration with the Commission, Congress, Tribes, and states to streamline and update infrastructure siting policies and help close the digital divide in rural America. This letter is being filed electron ically with your office pursuant to Section 1.1206 of the Commission's rules. Respectfully submitt ed, w~JJ~ W . Allen Gill um East Kentucky Network, LLC d/b/a Appalachian Wireless ~/-r7 Ron Smith Bluegrass Cellular ~~ Steven K. Berry CCA AMERICAN PVERSIGHT ~9-6) M ichael Prior Atlantic Tele-Network ~.c) Ben Mon crief C Spire ~ Jonathan Foxman M TPCS,LLCd/b/a Cellular One Jt~ (~ Brian Gelfand Blue Wireless 6*~ Slayton Stewart Carolina West (GBP.~ ~~ -mt Brian Spurgeon Chat Mobility CEQ-18-0173-E-000142 16 CEQ050FY 18091_000002255 James W. Hofman, II Oocomo Pacific F. Bradley Erw in FTC Communications M aureen Moore GC/ ?1 ~ (<.k).fA> J .~~ Brent Groome HTC James Groft James Valley Telecommunica tio ns ~~L~ Wi lly Pirtle Shentel Craig Gates Triangle Commun ications Nat han Weiss Inland Ceffular ,/-~ Jon Lightle Nex-Tech Wir eless /,/~LL M ichael Beehn Sf Wireless Eric Woo dy Union Wireless Craven Shumaker iWireles s c?Ut Roger Bund ridge Northwest Missouri Ceffular !!LIi~ Edwin Eichler Thumb Ceffu/ar Ken M eyers U.S. Ceffular Frank DiRico Viaero CEQ-18-0173-E-000143 AM RCAN pVERSIGHT 17 CEQ050FY180 9 1_ 00000225 5 cc (via emai l): AMERICAN Rachael Bender Jay Schwarz Claude Aiken Louis Peraertz Erin M cGrat h Amy Bender W ill Adams Travis Litman Umair Javed PVERSIGHT CEQ-18-0173-E-000144 18 CEQ050FY18091 _000002255 Testimony o f Brad Gillen Exec utive Vice President CTIA on Rebuild ing Infrastruc ture in America: Investing in Next Ge nerat ion Broadba nd Before the U.S.Senate Commi ttee on Com merce, Science , and Tra nsportation Subcommittee on Communications, Technology, Innovation, and the Internet March 13, 2018 ctia (TM) Everything AMERICAN PVERSIGHT Wireless CEQ-18-0173-E-000145 1 CE Q050FY 18091_0000 02256 Senate Subcommittee Chairman Subcommittee, Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Technology, Innovation, and the Internet March 13, 2018 Wicker, Ranking Member Schatz, and members of the on beha lf of CTIA and the wireless industry, thank you for the opportunity to testify today to discuss the critical role Congress plays in ensuring that wireless broadband infrastructure can be rapid ly dep loyed across the country . We commend the Subcommit tee for its leadership with the MOBILE NOW Act that provides a bipartisan roadmap for future infrastructure and spectrum initiatives to help create new jobs and economic opportunities. MOBILENOW was focused on promoting the deployment of wireless networks by making more spectrum availab le for wire less use and faci litating dep loyment of infrastructure needed to support these networks. We appreciate the opportunity today to address the next set of infrastructure reforms needed to drive wireless investment. This hearing is time ly, as all four nationwide U.S. wire less providers have recently announced plans to roll ou t the next-generation of w ireless networks, SG, using a variety of spectrum bands. National infrastructure reform can greatly expedi te the millions of jobs and billions of investment that SG deploymen t will bring. Nations across Asia to Europe are investing heavily in SG, but none of those countries can match the competi tiveness of the U.S. w ireless industry. Massive private investment from the national providers and regional carriers will be AMERICAN PVERSIGHT CEQ-18-0173-E-000146 2 CEQ050FY 18091_000002256 Senate Subcommittee Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Techno logy, Innovat ion , and the Internet March 13, 2018 un leashed in the U.S.if the government modernizes its approach to infrastructure siting this year. We are confident that, with this Subcommittee's continued leadership, we can win the g lobal race to 5G-as we did for 4G. We are equa lly confident that reforms can he lp the industry expand wireless coverage throughout the country, particularly in rural areas. The Wireless Industry Invests In Jobs and the Economy Wireless networks and smartphones have become a central part o f Americans' dai ly lives. There are now more wireless connections in the U.S.than there are Americans, and over the past two years, U.S. mob ile data usage has more than tripled. This rapid growth has been made possible by the wire less industry's substantial investment in our nation 's infrastructure. To meet consumer demand, wire less capi tal expendi tures totaled more than $200 billion in the past seven years alo ne. Ove ra ll, the wire less industry supports more than 4.6 million American jobs and cont ributes roughly $400 b illion annua lly to t he economy. Modernizing Regulation Promises SG Investment and Job s The wire less industry is poised to play an even more significan t role in our economy with the arriva l of 5G- networks tha t are expected to be up to l 00 times faster than 4G networks, connec t l 00 times the number of devices, and respond five times as quickly. Thisincreased speed and lower latency will not o nly improve 2 AMERICAN PVERSIGHT CEQ-18-0173-E-000147 3 CEQ050FY 18091 _000002256 Senate Subcommittee the way Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Techno logy, Innovat ion , and the Internet March 13, 2018 we communicate, but it will unlock transportat ion, and manufacturing, innovations in healthcare, help deliver the benefits of the Internet of Things, and enable smart communities. The overall impact on the economy from 5G will be remarkable. Accenture reports that 5G will create three million new jobs and add approximately $500 billion to the economy. To dep loy tomorrow's next -g eneration networks, wire less companies will need to complement today's large towers with small cells that can be the size o f a small pizza box and that wil l often be located discreetly on the side of a building or on a street light. It is estima ted tha t w ireless carriers will need to dep loy hundreds of thousands of these sma ll antennas over the next few years in order to mee t America's consumer demand. Thiswill require a substantia l infrastruc ture bui ld by wireless operators across the coun try at a projected cost of $275 bi llion. Congress Plays an Important Role in Promoting National Wireless Polic y Congress has long played a critica l role in setting nationwide guide lines for how loca lities should trea t requests for siting wire less infrastruc ture. By affirm ing wire less infrastructure sit ing as a national priority, just as it did in 1996, Congress can once again ensure Americans benefit from g lobal-leading wireless services. The wire less industry works in collaboration with loca l and state governmen ts to faci litate the buildout of wire less infrastruc ture. Many are good 3 AMERICAN PVERSIGHT CEQ-18-0173-E-000148 4 CEQ050FY 18091_000002256 Senate Subcommittee Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Technology, Innovation, and the Internet March 13, 2018 partners, but too often the w ireless industry today is encountering policies-long delays, onerous requirements, and excessive fees- that frustrate efforts to deploy new broadband and expand wire less coverage. In too many instances, an installation that takes one to two hours to comp lete requires one to two years of processing and application procedures. Some cities refuse to a llow wireless installat ions on streetlights, and still other communities dep loyment through excessive application effec tive ly foreclose and month ly fees (e.g ., charging $30,000 per po le per year, or a $15,000 application fee per pole). The U.S.will not win the globa l 5G race if those timelines and costs are not significantly reduced across the country. More than 20 years ago, Congress made clea r tha t localities p lay an important role in the permitting process for wireless facili ties, and that localities may no t frustrate wire less deploymen t tha t will otherwise benefit ou r economy, and consumers. Specifically, Congress estab lished the rapid dep loymen t of wireless infrastructure as a national priority and set nationwide guidelines for how loca lities should treat siting requests. Under that federa l regime, the w ireless industry constructed 150,000cell towers and rolled out service na tionwide. The transition to 5G necessitates upda ting Congress 's guidance to loca lities, as the rules that applied to the infrastructure of the past are no longer appropriate to suppor t next -generation 5G deploymen t . The most meani ngful 4 AMERICAN PVERSIGHT CEQ-18-0173-E-000149 5 CEQ050FY 18091_000002256 Senate Subcommittee Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Techno logy, Innov a tion, and the Internet March 13, 2018 step Congress can take is to once again provide clear direction guardrai ls around - state and local to-and government . CTIA is encouraged tha t Senators Thune and Schatz have circu lated a discussion draft tha t addresses three targeted reform areas that wou ld make a significant difference in promoting broadband investment while preserving local authority. The discussion draft wou ld: 1. Ensure Cost-Based Fees. Congress would make clear that localities retain the right to charge for access to government property, provided that such fees are fair and reasonable, competitively and techno logically neutral, based on actua l cos ts, and publicly disclosed. 2. Set Reasonable and Enforceable Timelines. Congress would establish a reasonable "shot clock" on handling siting appl ications and deem ing applications granted if there is no ac tion within that shot clock period . This cou ld acce lerate dep loyment wh ile still preserving state and local authority over zoning decisions. 3. Clarify Permitted Conduct. Congress wou ld cla rify tha t local roadblocks-like unreaso nab le, non- objec tive or discriminatory application review guidelines-are forbidden by Congress's long standing directive to eliminate rules that "p rohibit or have the effect of prohib iting" the provision of communications services. These reforms, if enacted , wou ld promo te billions of do llars in the deploymen t of new wireless infrastruc ture. The SPEEDAct Will Help Modernize Federal Requirements. Today , in order to insta ll a new antenna or small cell, federa l regul ations requ ire a cumbersome and cos tly federa l review process that general ly disregards the size or locatio n of the new facility. For instance, wireless reviews 5 AMERICAN PVERSIGHT CEQ-18-0173-E-000150 6 CEQ050FY 18091_000002256 Senate Subcommittee Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Techno logy, Innovation, and the Internet March 13, 2018 under the National Historic Preservation Act, or "NHPA," and the Nationa l Environmenta l Policy Act , or "NEPA," can run into the tens of thousands of do llars per installation, even for sma ll wireless deployments that are dramatical ly different in nature than the larger deployments for which these obligations were originally created. FCC Commissioner Mignon Clyburn has correctly noted , "treating small cells differen tly than large macrocel ls, tha t makes all the sense in the world. They're not created equa l." Yet today, NHPA mandates alone recen tly cost a carrier more than $170,000 to install just 23 small ce lls in a parking lot. Another provider estimates that reviews under NHPA and NEPAcomprised, on average, 26 percen t of its tota l sma ll cell deploymen t costs last year. And these costs are increasing; one carrier repor ts that these costs have risen by as much as 2500 percent in some parts of the country since 2010. The direc t costs only tel l par t of the story: these reviews can take mon ths, which add de lays and uncer tainty to projec ts, keeping customers from enjoy ing the benefits of better service. To be clear, the wire less industry suppor ts approp riate environmen tal and historic preserva tion review for sensitive sites and major projec ts. The current regu latory structure , however, fails to reflec t the different impact of new small cells or installations in previous ly approved locations. 6 AMERICAN PVERSIGHT CEQ-18-0173-E-000151 7 CEQ050FY 18091_000002256 Senate Subcommittee Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Techno logy, Innovation, and the Internet March 13, 2018 That's why we're pleased w ith the common sense legislation-$. 1988--- introduced by Senators Wicker and Cortez Masto, which would modernize the NEPA and NHPA review process for w ireless facilities. While preserving key protections for environmenta lly or historically significant areas, the SPEEDAct recognizes the need to modernize the process to a llow antennas in pub lic rightsof-way and where new faci lities simply replace existing ones or do not significan tly expand existing ones . It also recognizes that a small cell should not face the same requiremen ts as a 250-foot tower. The FCC is a lso scheduled to consider reform to address modernizing NHPA/NEPA review at its March 22 meeting. CTIA strongly supports the FCC's proposed action as well. Congress Can Facilitate Deployments on Federal Lands. The federa l government owns near ly 30 percent of the land in t he U.S.and more than 50 pe rcen t of the land in the 10 most western states. The federal governmen t a lso owns and manages key buildings in major cities and towns throughout t he coun try. Leases to place new sites on lands regu lated by the Bureau of Land Management or the National Park Service can take two or three years to nego tiate. Even simple lease renewals can take 12-18 months. In many par ts of the nation, enhanced siting on federal lands wil l help wire less carriers more quickly dep loy in unserved or underserved communities. Today, the process to deploy 7 AMERICAN PVERSIGHT CEQ-18-0173-E-000152 8 CEQ050FY 18091_000002256 Senate Subcommittee Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Techno logy, Innovation, and the Internet March 13, 2018 wire less networks on federal lands is too often opaque with different applications requirements and timelines and without guide lines to support timely deployment of new communications facilities. We support Senators Heller and Manchin 's leadership with S. 1363 to streamline and standardize the process by which broadband companies of all kinds obta in access to federal properties for siting facili ties and also ensure that applications for this access are processed in a reasonable period of time. These provisions, along with use of common forms and master contracts, wou ld bring much-needed predic tabili ty to the process. S.1363 builds on key provisions included in MOBILENOW. The Wireless Industry Shares Congress 's Goal of Expanding Broadband 's Reach We are proud of the investment our nation's wireless providers have made to expand coverage ac ross the country, including to rural areas, and look forward to working with Congress to con tinue expanding the number of Ame ricans with access to wireless broadband. The wireless industry-including both national and regional providers - has made substan tia l strides in the past decade to expand wire less coverage to reach more Americans. Today's 4G LTEmobi le broadband services were first introduced in the United States in 2010, and in less than eigh t years, 4G wireless services are availab le to more than 99 percent of Americans. This is a remarkable pace of deployment for a new techno logy in a very short 8 CEQ-18-0173-E-000153 AMERICAN PVERSIGHT 9 CEQ050FY 18091_000002256 Senate Subcommittee Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Techno logy, Innovation, and the Internet March 13, 2018 window. And our nation's wireless footprint continues to grow. In 2016 alone, wire less investment increased coverage by more than 150,000 rural Americans and near ly 50,000 rura l road miles. We share the Subcommittee's desire to further expand broadband to more Americans, and recog nition of the important role infrastructure reform can p lay to do so. Private capita l has driven the vast majori ty of the expanded w ireless coverage, and there should be a renewed focus on the steps policymakers can take-like those deta iled above- to faci lita te wire less providers' investments in rural America by altering the investment calculus of some rural dep loyments from uneconom ic to viable. As FCC Commissioner Brendan Carr has said, reducing the cost of building new networks can "flip the business case for [wireless] dep loyments in thousands of communities in the U.S." The governmen t also has the ab ility to expedi te deployment in unserved areas through direc t funding. The upcoming FCC Mobility Fund II auc tion of $4.5 billion over 10 years wi ll be an important step to reach rural Americans currently unserved by wireless broadband. And the bipartisan budge t that passed last month included $20 billion for infrastruc ture programs, including funds for the expansion of rura l broadband. Any new federal funding should consider the increasingly critical role that mobile wireless services play in rural consumers ' lives. Greater participation by mobile wire less providers will lead to more effective use 9 AMERICAN PVERSIGHT CEQ-18-0173-E-000154 10 CEQ050FY 18091_000002256 Senate Subcommittee Testimony of Brad Gillen Executive Vice President , CTIA Before the on Communications, Techno logy, Innovation, and the Internet March 13, 2018 of public resources and deployment of high -speed broadband services to more rural areas. Any new funding should a lso ensure that reaching areas unserved by wire less is reflected in the program's objectives. In making funding decisions, data is key, and rural broadband has attempted is no excep tion. CTIA appreciates that the Senate to address this issue by passing the Rural Wireless Access Act ($. l 621), a nd we w ill continue to work with both national and regional w ireless providers to ensure the FCC has information necessary to direct limited federal resources appropriate ly. * * * * * The wireless industry is eager to work with this Subcommi ttee in a bipar tisan manner to advance U.S. innova tion and investment in mob ile broadband. CTIA strongly supports this Subcommi ttee's efforts to help clear the way for 5G and expand wireless coverage. The time for addressing these issuesis now. Ame rica is in a global race to 5G as China, Japan, South Korea, and the European Union are hard at work accelera ting 5G deploymen ts. As Nokia's CEO noted, "it's a neckand-neck race between the U.S.and China to see who w ill be the first to dep loy" 5G networks. With the righ t infrastruc ture, spectrum, and other regulatory po licies in p lace, the U.S. can win this race, and Amer icans can further benefit from the economic and consumer benefits that flow from continuing to lead the world in wire less. Thank you for the opportunity to testify today. 10 AMERICAN PVERSIGHT CEQ-18-0173-E-000155 11 CEQ050FY 18091_000002256 N THE RURAL BROADBAND ASSOCIATION Statement by Michael Romano Senior Vice Pre sident - Industry Affairs & Business Development NTCA- The Rural Broadband Association Arlington , VA Before the Un ited States Senate Commerce Subcommittee on Communications , Technology , Innovation , and the Interne t Rebuilding Infrastructure in America: Investing in Nex t Generation Broadband Wash ington , DC March 13, 2018 AMERICAN PVERSIGHT CEQ-18-0173-E-000156 1 CEQ050FY 18091_000002257 CA - Michael Romano March 13, 2018 Page 1 of 11 INTR ODUCTI ON Chainnan Wicker, Ranking Memb r Schatz, and members of the Subcommittee, thank you for this oppornmity to testify today to discuss rnral broadband infrastructure. My name is Michael Romano , and I am the Senior Vice President for Industry Affairs and Busin ss Dev lopment at TCA- The Rural Broadband Association. TCA applauds the increasing focus on rural broadband from Congress and the dministration. Our association and the approximately 850 small, hometown-based rural telecom providers in our membership stand ready to work with this Subcommittee and others in Congress on comprebensi e, coordinat d strategies that can help connect rural Americans with the world. TCA welcomes the prospect of much-needed additional resources for rural broadband deployment, but, at the same time, it is critical policymakers closely examine not only what is needed but also what federal initiatives are already working well and what lessons can be learned from past and current broadband deployment efforts. Any new initiatives must build upon - or at least take stock of - efforts already underway, and also draw upon lessons to be learned from earlier programs. BACKGR OUND TC 's cooperative and small company memb rs liv and work in rural America. They operate in the "original unserved" areas - those areas left over when telephone service was first deployed starting over a century ago. These ar th most rnral parts of th nit d Stat , spread across mor than 35 percent of the U-S. landmass but containing less than five percent of the .. population . The average density is about se en customers per square mil . In the face of such distance and density challenges , th se committed hometown small businesses have nonetheless already made substantial efforts to deploy upgrade and sustain advanced networks that connect mral America to the r st of the world and to respond to demands for cuttingedge services. he rural telecom industry bas alway been resourceful and innovative - leading the way in con erting to digital switched systems deploying creative technological solutions to their hardest-to-reach customers enabling distance learning and tele-health applications, and ultimately deploying scalabl broadband n tworks. For all this progress and commitment, however the job is not don in either the areas our m mbers serve or in the areas not fortunate enough to be served by a small hometown communications provid r. In the areas served by NTCA members - again, many of the most rural parts of the country - 13 percent of consumers still cannot get l OMbps broadband while 3 3 percent are unable to obtain 25 Mbps broadband that is considered a threshold le el today. 1 And the story appears worse in areas that are not fortunate enough to be served by cooperatives and other small hometown-based telecom companies like those in TC 's membership ; in the other rural communities, we know that many more consumers businesses, schools and medical facilities lack access to even basic levels of broadband . 1 NTCA 2016 Broadband/111ternetAvailability urvey Report (2017), ociarion, Arlington, VA. CEQ-18-0173-E-000157 AMERICAN PVERSIGHT C - llte Rural Broadband 2 CEQOSOFY 18091_ 000002257 NTCA - Michael Romano March 13, 2018 Page 2 of I J But to be clear, even where broadband is available in rural America, the job is never done. Sustaining and upgrading broadband networks is essential because consumers and businesses depend upon reliable and affordable services that will remain high-quality and keep pace with advances in technology and user needs . Indeed, what was considered " high-speed" broadband just seven or eight years ago is today considered antiquated , meaning that networks must be scalable and upgraded over time to keep pace with consume r demand. Furthenuore , in terms of comparative operating costs between rural and urban areas , when an urban operator has a "truck roll" to repair service , its technician might need to drive two miles ; a "trou ble call" for a rural operator by contrast might entail driving two hours - iJ.1each directio11. Thus , even as we bave successes to celebrate and roadmaps to look to for proven track records of success , we as a nation have much more to do both to reach unserved areas and to sustain robust and affordable rural broadband where it is availab le today. KEY PRJNCIPLES FOR BROADBAND-FOCUSED INFRASTRUCTURE INITIATIVES AND LESSO NS LEARNED FROM PRIOR EFFORTS As policymakers consider effective and efficient ways to include broadband deployment within broader infrastructure initiatives, it is important to take stock of what has been tried to date - to build upon (or at least take account of) existing initiatives and to draw upon lessons learned from prior in.itiatives. Based in large part upon such prior experiences, there are a number of principles to consider in shaping policy and crafting infrastructure initiatives going forward. 1. Making the Busin ess Case for Rural Broadband is Joh One While rural broadband is not an easy challenge to overcome , it is not terribly complicated to identify the primary barrier to rural broadband - the economics of deployin g and sustaining broadband are difficult , if not impossible, in many rural markets. The rates that rural consumers pay are rarely sufficient to cover even the costs ofoperat ing in rural areas, much less the upfront capital expend itures required to deploy reliable, high-speed broadband in rural America. While obtaining permits to build new infrastmcture and navigating complex bureaucratic application processes can often be difficult for small businesses in particular , the single biggest challenge in rural America is simply making the business case to build any broadband at all. Put another way, permitting barriers and other impediments to constrnction are no barriers at all if one cannot justify even building a network in the first place. Without a reasonable business plan, providers are hard-pressed to justify borrowing funds or using one ' s own capital to bLLild , and then harder-pressed still to sustain networks in areas where densities are low, distances are great, and terrain and topography comp licate operations . Ongoing support from the High-Cost Universal Service Fund (USF) initiatives overseen by the Federal Communicat ions Comm ission (FCC) has therefore been cr itical to making the business case for investing in and then sustaining rural broadband. The USF programs help providers to keep rates more affordable and to justify either use of a provider's own cash or financing from the few lenders that tend to serve rural Internetservice providers - the Department of Agriculture 's Rural Utilities Service (RVS) , the Rural Telephone Finance Cooperative , CoBank , and some community banks. AMERICAN PVERSIGHT CEQ-18-0173-E-000158 3 CEQ050FY18091 _000002257 NTCA - Michael Romano March 13, 2018 Page 3 of I J For these reasons, it is essential that infrastructure initiatives include suffic ient resources to meet the challenges of deploying and sustaining broadband in rural America. Without such resources, any effort is likely to be effective only on the margins or in very limited respects, leaving behind many areas that still lack broadband access and/or putting at risk investments already made to deploy advanced broadband networks in deeply rural areas. 2. The Imp ortance of Proven Track Records and Technical Know-How The operational challenges of deploying networks over great distances through sparsely populated rural areas are quite different than any other network construction project. Just because an operator has constructed a network in a downtown business district in an NFL city - where there could be more people in a single building than in an entire rural town and surrounding areas - this does not necessarily translate into success in rural broadband . It is therefore important to seek a proven track record of delivering real results in rural areas . For example , while both American Recovery and Reinvestment Act (ARRA) programs asked for information on the capability of applicants to perform, only one included an explicit preference for real-world experience in rural broadband. Any finite resources put toward supporting rnral broadband are too important to gamble . Although new infrastructure initiatives should consider the merits of all comers willing and able to make the effort to deploy rural broadband , in the first instance we should also look to leverage the experience and existing assets of those that have in fact deployed and operated a rural network and then delivered services atop that network . This last point is particularly important. Our nation is not building networks just for the sake of building shiny new networks . Congress and the Administration are considering broadband infrastructure initiatives because they care in the end about the consumers and businesses in rural America that wi.11use those networks. , and they recognize the benefits to the nation as a whole To this end , any initiative should look first to operators that are currently in the business of rural broadband , delivering high-quality broadband day after day to hundreds of customers spread over dozens or even hundreds of mi.les in rural areas. If public resources are leveraged to help make the business case to deploy networks, the sustainability and usability of those networks are just as important as the act of initially constructing them. On a similar note, it is important to ensure that any entity wishing to leverage federal resources to deploy a rural broadband network is technically capable of delivering on its promise. The FCC's new Connect America Fund Phase II USF auction program, for example , includes a "screen" that will aim to test technical assumptions of applicants prior to providing any funding; the State of New York 's broadband grant program seems to have gone even further in ensuring that those claiming to have solutions for rural broadband can in fact deliver on their promise from a technical perspective. Similarly , the ARRA programs required network proposals to include certification from a professional engineer that the proposal would operate as designed and claimed . Robust but reasonable "technical screens " are essential to establish that a particular solution can in fact deliver upon the promise asserted . AMERICAN PVERSIGHT CEQ-18-0173-E-000159 4 CEQ050FY18091 _000002257 NTCA - Michael Romano March 13, 2018 Page 4 of 11 3. A Long -Term Investment Strategy is Far More Effectiiie and Efficient Any resources provided in co1111ection with an infrastructure plan will be finite, and thus should aim for the best return. In the case of long-tenn capital investments such as networks that will last for decades , this means that networks must be scalable and capable of meeting user demands over the full life of such assets. Putting resources toward inferior infrastructure that might seem cheaper upfront but needs to be substantially rebuilt in only a few years ' time could turn out to be resources wasted - and risks leaving rural America behind . This concept can be referred to as " total cost of ownership " - estimating the total costs of owning and operating (aud ueeding to reinvest in) an asset over its economic life, rather than looking merely atthe upfront costs of procuring the same asset. Policymakers should craft an infrastrucnrre initiative with this in mind; it will do neither the rural Americaus that depend upou broadbaud nor the broader American economy auy good to spend billions of dollars now just to have another conversation about the need to rebuild that broadband infrastructure five years from now. Like bridges aud roads , broadband networks are long-tenn infrastructure assets, and our nation should adopt a similar planning horizon based upon scalab le networks that can meet user demands now and over the useful lives of these valuable assets. Put another way, sustainability is key. It is not just about gelling broadband out there; from the perspective of consumers and communities , it is about keeping broadband out there, and keeping it affordable and up-to -date with user demand. 4. Targeting Resources for New Construction is Critical It is important to target auy resources made available to minimize the prospect of overbuilding existing networks . Unfortunately , as discussed further below in connection with broadband mapping , identifying where service is or is not available bas proven vexing. The ARRA programs did not contain effective processes to validate existing service coverage , and in some respects their rules aU but invited at least limited overbuilding . For example , the Broadband Technology Opportunities Program ("BTOP") overseen by the Department of Commerce largely eliminated any firm bars to overbuilding by the time of its second round of funding, instead merely weighing projects by the degree of unserved areas reached. By contrast, the FCC employs a variety of processes in its USF programs aimed at validating where service is or is not already available in order to direct funding to where it is needed most ; these processes may not be perfect in scope or granula rity, but each is an improvement upon the baseline data available in the FCC ' s Form 477 availability database or from auy other current source . 5. Coordinating Efforts Among Federal anti State Broa,lbandlnit iatives is Essential Coordination among programs - both those that may be created as part of any infrastructur e plan and those already in place - is essential to maximize the effectiveness of finite resources and achieve the goal of robust and sustainable universal broadband. In fact, to minimize the likelihood of "making new mistakes " (or even repeating old ones) in the rush to stand up auy new program , as discussed further below, NTCA submits that it makes sense in the first instance to leverage existing programs that have time-tested processes and procedures to direct funds to the right places and already have experience in vetting proposals to deploy and sustain rural broadband. AMERICAN PVERSIGHT CEQ-18-0173-E-000160 5 CEQ050FY 18091_000002257 NTCA - Michael Romano March 13, 2018 Page 5 of I J If , however , new programs are to be created , these programs should not only take stock of the lessons learned and principles to be derived from prior experience as outlined in this testimony, but such new efforts roust also ensure that they complement - and do not compete with - the existing efforts already underway. For example , some providers receiving federal USF support have complained that BTOP funds were used to connect anchor institutions that already had broadband service leveraging that USF support. Similarly, RUS resources should work in concert with USF as described further below, rather than having multiple federal programs stimulate the construction of duplicative networks in rurnl areas where the costs of deploying and operating even just one network are prohibitive . Any federal resow.ces made available to promote broadband availability should therefore be directed through existing programs to maximize their effectives , and sufficient "guardrails " should be put into place to ensure that any new efforts complement , rather than undermine , the good work that existing broadband-focused programs already enable. 6. Streamlining Construction Processes is Necessary Once the business case can be made for deployment and ongoing operation of a rural broadband network , this is where impediments that can delay or deter a project come into play. Steps can and should be taken to mitigate permitting delays, comp licated application procedures , and high costs of access. Such efforts are especially important to enable any federal resources made available as part of an infrastrncture plan can begin deliver ing on their promise as soon as possib le. Smaller providers like those in NTCA 's membership have neither the staff nor the resources to navigate complex agency structures in search of permits to build broadband ; for companies and cooperatives with an average of approximately 25 employees , time and money spent on such efforts translates to time and money not spent building broadband. At the same time, iu serving many of the most remote parts of the United States, our members have deep experience with the Bureau of Land Management , U.S. Forest Service , National Park Service , and many other landowning and property-managing agencies across the federal government. Especially when crossing federal lands or railroad rights-of-way , small rural providers must address permitting concerns or contracnial obligations that can delay projects and increase their already high costs . 7. Accountability Must be Part of any Program One final principle to consider in connection with any infrastructure plan is how to hold recipients of any resources accountab le for use of the support they may receive. Concerns have been raised in the past, for example , that it is difficult to discern the precise locations reached leveraging ARRA resources. Similar concerns were raised in the past with respect to use of USF funds, particularly in areas where broadband remained lacking notwithstanding the sums disbursed to certain carriers. Jn more recent years, however, the FCC bas established a robust accountability program that imposes specific buildout obligations and requires recipients of USF support to to capture the latin1de and longitude of every new location to which they deploy broadband using such support. The FCC is also in the process of developing measures by which USF recipients will verify the availability of services at the levels required by the program. Similar measures should be considered in any new program - or, yet again , this provides good cause to leverage existing efforts in lieu of creating new programs and compliance measures from scratch. AMERICAN PVERSIGHT CEQ-18-0173-E-000161 6 CEQ050FY18091_000002257 CA - Michael Romano March 13, 2018 Page 6 of 11 PROPOSED STEPS FORWARD BASED UPON THESE KEY PRINCIPLES AND LESSONS LEARNED he principles and Lessonslearned described above can pro ide guidance in considering the most ffective and efficient steps in addressing our nation 's remaining rural broadband challenges. I will next discuss a few steps that TCA suggest shou ld inform and shape any infrastructure plan. J. Le,,erage Existing Initiatives to the Maximum Extent Possible a. Universal ervice Fund Standing up new programs from scratch is not easy, and if a new broadband infrastructure initiative conflicts with existing efforts, this would undermine , rather than further , our nation 's broadband deployment goals. or these reasons , strong consideration should be given to leveraging - and supplementin g - the FCC s existing High -Cost USF initiatives as a primary means of implementing a broadband infrastructure initiative. USF programs hav e been in place for years, and the FCC has recently reoriented these efforts under the "Connec t America und" banner to promote broadband in high-cost rural areas. As discuss d earlier in this testimony , the high-cost USF/CAF initiatives are essential both in justifying the business case for broadband infrastruchrre investment in the first instance, and then sustaining such in estments by keeping rates for services more affordable once networks are built. Unfortuna tely, although the FCC is considering steps to partially address a current SF funding shortfall these otherwise effecti e broadband-promoting initiatives remain woefully underfunded to achieve their goals . Mor than 100 million per year is still needed to fund a USF mod l that the CC created to promote broadband deployment. In addition , under a budget control mechanism included within 2016 reforms that applies only to some carriers , many small mral telecom operators have had their support slashed by an unpredictably escalating budget control that now equals 12.3 percent on a erage , translating into deni d recovery of more than 170 million in actual costs this year for private broadband investments that /hey have already made. Indeed , the impacts arising out of insufficient funding of the US programs are striking, and they tmderscore how mor sufficient funding could yield compelling results. Becaus of th USF model budget shortfall 71 000 mral locations will receive Lower-speed broadband , and nearly 50,000 may see no broadband investment at all. Meanwhile , a TCA survey found that 183 small busines s member companies were facing annual S support reductions of more than 500 ,000 on average, with a corresponding average declin in plann d network in estment of nearly $950 000 that translated to delays or denials of upgraded broadbru.1dto more than 850 customers on average. (This last set of figures would add up to an estimated $91.5 million in reduced . SF support Leading to nearly $174 million in dec1ined or deferred broadband investment and more than 150,000 customers estimated to remain without access to upgraded services.) Moreover , T A members estimated that the U F support reduction would contribute to standalone broadband prices $50 higher per month than they would otherwise have been for rural consumers . 2 NTCA 2017 U F Budget Control lmpacl mvey Resu lt (2017), NTCA- The Rura.l Broadband CEQ-18-0173-E-000162 AMERICAN PVERSIGHT ociation, Arlington, VA. 7 CEQOSOFY 18091_ 000002257 NTCA - Michael Romano March 13, 2018 Page 7 of 11 The FCC's High-Cost USF efforts therefore represent a logical focal point for future broadband infrastructure initiatives. The FCC is the nation 's expert agency in telecom policy , and it is already tackling broadband challenges with respect to availability and affordability. Moreover , recent CAF reforms adopted by the FCC have sought to : (J) reorient the USF programs toward broadband , (2) ensure funding is targeted to where it is needed (i.e., to places where the market does not enab le service delivery on its own) , and (3) define what the FCC considers an efficient .leve l of support in each area. The FCC will also be conducting an auction later this year that will allow interested bidders of aU kinds to seek USF/CAF support for unserved areas. Finally, the reformed program rules compel significant accountability , to the point that support recipients must meet specified deployment obligations and geocode every new location to which they deploy broadband leveraging USF support. The FCC's various High-Cost USF programs offer a ready-made platform that , with additional resources but with very littl e additional " heavy lifting " or process , could satisfy the principles articulated above and yield immediate , measurable benefits for rural consumers in the form of additional locations reached and higher -speed broadband. By contrast , creating new programs would requ ire more administrative effort, and the rules for any such new programs must still be informed by the objectives and " lesson s learned " articulated above - whi le also making sure not to undermine the important work that existing programs are already undertaking. b. Rural Utilities Service Addit ional resources for rura l broadband could also be directed to the Department of Agricu lture 's RUS programs that have likewise been important in stimulating rural infrastructure dep loyment. The RUS has long played a crucial role in addressin g rural broadband challenges through its telecommunications programs that finance network upgrades and deployment in rura l areas , and these programs remain just as vital today. If any infrastructure resources are directed to RUS rather than to the FCC's USF/CAF efforts , it will then be essential , howe ver, to ensure that such programs are coordinated effectively with and complement , rather than compete with , the ongoing efforts of the federal USF programs. At times , some confuse the roles of RUS programs and the USF , thinking them repetitive or redundant. But this reflects a fundamenta l misunderstandin g of the unique and distinct role each has played. USF does not finance networks; banks and other lenders (including RUS programs) provide upfront financing necessary to construct networks (a lthough not too many banks lend to construct broadband infrastructure in rural America where return on invest ment is typically measured in decades). On the other hand, RUS programs and other banks and financing programs do not sustain networks or make services atop them affordable for consumers ; again , loans from private lenders or through the RUS programs focus upon upfront financing. It is the federal USF program that is essential to ensure that consumers can obtain reasonab ly comparable services at reasonably comparab le rates atop the network s once financed and bui lt. In other words , USF is the linchpin of making the business case in the first instance to obtain financing from any lender - RUS or otherwise - to build networks in mral areas. AMERICAN PVERSIGHT CEQ-18-0173-E-000163 8 CEQ050FY 18091_000002257 CA - Michael Romano March 13, 2018 Page 8 of 11 It is essential that this long-standing complem ntary relationship between RUS and the USF initiatives continue , rather than revising the programs or using any new infrastmcture plan resources in a mann r that pits federal efforts against each other. RUS already has policies in place precluding its own programs from competing with one another; it is important to take this a step further and ensure that all federal programs work in cone rt rather than potentially undermining each other's impo1tant pro-investment policies . To this end TCA suggests ensuring that any federal RUS program funds and n w infrastructur resources not be us d to overbuild another provider 's broadband network if supporte d by federal resources, provided that the S recipient is meeting its buildout obligations under the U F program . Such a reasonable measure wiJl ensure the ongoing complementary nature of these efforts, maximize the effectivene.ss of any federa l resources put toward broadband infrastructure and ultimately enhance the likelihood of success of new infrastructure initiatives in reaching as many mral Americans as possible. 2. Conduct Better Smarter Mapping of Service Availability This ubcommittee's attention to mapping is much-needed and appreciated by NTCA and its members . We need more accurate , granular data on ser ice availability to ensure that government efforts to support broadband target resources as efficiently as possible . Such data serve two important functions , in fact , in the context of broadband infrastructure policy . First, better data will help ensure that federal support is not withdrawn when still needed because there is no other network in a given area. Second , better data can help avoid the prospect of federally-supported duplicati in:frastrncture deployment in an area that might at first appear "unserved. " Unfortunately , ther is no sing le current, fully reliable source of data with respect to broadband availability in the United States . The ational Broadband Map administered by tbe Department of Commerce has not b en updated since June 2014 - ages ago in the evolution of broadband network co erage and speeds . Moreo er, depending on the state process that went into gathering such data , that map appeared to contain anything from carefully vetted information to self-selected claims of co erage based more upon marketing interest than actual network capabilities. In the interim , the FCC has started to publish more tools showing the data gathered through provider Form 477 submissions , but the underlying Form 477 process itself suffers from imprecision and an inh rent lack of granularity. Th Form 477 is c rtified by the provider , but there is no means of alidating the data submitted. In addition , the Form 477 data is submitted by census bloc meaning that in a rural area , one consumer with service in a block can result in unserved cons um rs miles away looking "served" nonetheless. It is for these reasons that the FCC bas engaged in substantial periodic data collections and additional 'challenge processes' in the context of its fixed and mobile USF proceedings , so that it can de elop a record of better evidence to validate where service truly does and does not exist notwithstanding the face of Forms 4 77 recei ed.3 See Connecl America Fund, er al. WC Docket No. J0-90, et al. Report and Order, Order and Order on Reconsideration , and Further Notice of Proposed Rulemakin g, FCC 16-33 (rel. Mar. 30 2016) Ml 70-71 (directin g a challenge process forrecipients of model-based U F support) and il . 116-145 (creating a chaJlenge process for carriers recei ing cost-based U F support ; ormecl A111 ed ca Fund, et al. WC Docket o. I 0-90 et al., Order on 3 Reconsiderationand SecondReport and Order, FCC I 7- I02 (rel. Aug. 4 2017) 27--64(adoptinga challenge process intended lo direct Mobility Fund supporl to rural areas that lack unsubsidized 4G LTE service). CEQ-18-0173-E-000164 AMERICAN PVERSIGHT 9 CEQOSOFY 18091_ 000002257 NTCA - Michael Romano March 13, 2018 Page 9 of 11 Better methods to ascertain broadband availabili ty exist. The FCC's High-Cost USF program requires recipients of support to geocode individual locations where new broadband is installed (and, in some cases, for prior deployments , too). Such measures - particularly the geocoding of new installations and upgrades going forward - can bring us closer to identifying where broadband exists with much greater precision , which would then allow targeting of support and other efforts to promote broadband deployment where needed most. On a going forward basis, geocoding could perhaps offer promise in transitioning from the current maps to better infonnation. Whatever means might ultimately be chosen to obtain more accmate and granular data, however , it will be important to: (a) avoid unreasonable burdens in the data-gathering process , including any duties to go back and geocode prior installations; and (b) reconcile and coordinate data-gatheriug aud mapping efforts to avoid duplicative reporting requirements for operators and the prospect of generating inconsistent data due to differiug standards among reports at different agencies . 3. Streamline Permi tting As discussed earlier in tbis testimony , the primary challenge to rural broadband deployment is making the business case at all for rural broadband deployment. Where such business case exists however , removing barriers to deployment through streamlining of governmental perm itting procedures can in tum drive more rapid rural broadband deployment at relatively lower cost. Several steps can and should be taken to address such concerns, and NTCA is encouraged that Congress and the Administration continue to examine these issues on so many fronts. As an initial matter, NTCA and its members have urged that differences in federalagency policies and procedures with respect to installation of communications facilities should be the exception rather than the rnle, applying only where needed to implement a unique statutory directive to the agency in question . A lack of coordination and standardization in environmental and historical application and approval processes across federal agencies increases the cost and further complicates and delays the deployment of broadband infrastructure - especially for small providers . Several NTCA members joined NTCA 's CEO , Shirley Bloomfield on the FCC's Broadband Deployment Advisory Committee ' s Streamlining Federal Siting Work ing Group that put forth recommenda tions, which will hopefully be implemented to further accelerate the broadband deployment permitting process . Those recommendations included : o o o o o Standardize and publish fee schedules, and utilize revenue in a way that promotes expediting federal siting processes. Harmonize permitting processes across agencies to the extent feasible and ensure the process is un[formly applied across regional and state offices. Recognize and accept existing completed studies in previously disturbed areas. Harmonize environmental assessments across federal landholding or managing agencies, further streamline National Environmental Protection Act and National Historic Preservation Act exclusions, and eliminate duplicative environmental studies. Make current environmental and historic review streamlining mechanisms mandato,yfor all agencies. AMERICAN PVERSIGHT CEQ-18-0173-E-000165 10 CEQ050FY18091 _000002257 CA - Michael Romano March 13, 2018 Page 10 of 11 o o There should be a single, easily accessible online-tracking mechanism at each federal agencJ for the permitting proces . All agencies should regularly report on permit statu and the number ofpermitting applications /hey have proces .ed. The common application form should accommodate changes to existing installa!ions and applicable lea es and ea emenl '. Agencie hould accommodate and incorporate new broadband infrastructure technologie into their review proces es..4 As Congress considers any permitting reforms , bowe er it is important to emphasize that any changes and coordination with respect to permitting should be made on a 'technology neutra l" basis . Much of the discussion with respect to streamlining of permitting processes appears driven by a desfre to promote the a ailability of 5G wireless capabilities through the increased placement of small cells. This is understandable given the promise of faster mobile broadband services and the fact that massively expanded sma]I cell placement is critical to the avai labi Iity of such services. At tbe same time , it is important to take realistic stock of whether, wben, and to what degree 5G services will be available on a widespread basis in rural America . A technical paper released last year found that the full promise of 5G capability can only be realized in rural America if small cells are placed every se era! hundred feet apart ,5 and it will take significant amounts of backhaul capacity - "densification' ' of fiber 6 - to manage the data loads that 5G is hoping to handle. 7 In short, the deployment of 5G-capable networks in rural areas where there are only a few bouseho]ds per square mile wou ld effecti ely seem to translate to a fiber-to-the-premise construction. Put another way, the old mantra of "wireless needs wires ' is quickly becoming u5a needs fiber." In addition , it has been exp lained that taking steps to rationale 5G permitting alone "will not solve the problem in unserved areas;" it will dearly take both permitting relief and additional resources if the promise of 5G wiU come to rural America within the foreseeable future. 8 In the end for rural conswners to have a broadband experience reasonably comparable to that in urban America they must have meaningful access to both 1xed and mobile broadband ser ices. Placing too much hope on mobility alone without recognizing "wire less needs wires" - or, these days, " 5G needs fiber" - is a recipe for insufficient access in rural America . ~ 5 BroadbandDeploymentAdvisory Com.mittee: Federal Siting Working Group Final Report (20 18). Evaluating5G WirelessTechnologyas a Complement or ubstitute for Wireless Broadband,Vantage Point olutions (2017). See Remarksof Federal Commutlic-,1tions CommissionChairmanAjit Pai at tbe Mobile World Congress, Barcelona, Spain, February 28, 2017. 7 The Road to ~G is Paved with Fiber , iber Broadband Association , December 20 17. Sean Buckley ' Verizon 's McAdam : Our multiusc fiber approach offers more cost efficiencies ," Fierce Telecom , May 22 20 17. 8 Holmes, Allan, "5G Cell Service is Coming. Who Decides Where It Goes?" Tbe Ne\ York Times, March2, 2018 ; see al o remarks of CTIA during .'Clo ing the Digital Divide: Broadband Infra tructure Solution " hearing. .S. House of RepresentativesEnergy & CommerceCommunicationsand TechnologySubcommitte,e, January JO, 2018. 6 CEQ-18-0173-E-000166 AMERICAN PVERSIGHT 11 CEQOSOFY 18091_ 000002257 NTCA - Michael Romano March 13, 2018 Page 11 of J l CONCLUS ION The current national infrastrucn1re debate represents a significant opportunity to make progress on rural broadband deployment , and we hope that the promise of broadband wi II be recognized among the many other compelling infrastructure priorities also in need of attention and resources . We look forward to working with you and greatly appreciate the work of this subcommittee in helping to solve the challenges of rural broadband. Due in part to the leadership of this subcommittee , small , rural broadband providers like those represented by NTCA- The Rural Broadband Association continue to make great strides in overcoming the challenges of providing broadband to rural America. Your commitment to identifying and solving these challenges is greatly appreciated. Thank you for inviting me to be with you today, and I look forward to your questions. AMERICAN PVERSIGHT CEQ-18-0173-E-000167 12 CEQ050FY 18091_000002257 3 of3 "Herrgott, Alex H. EOP/C EQ" <"/o=exchange organization/ou=exchange From: adminis trative group (fydibohf23spdlt)/cn =recipients/cn =45656107f8dc4dc 18bb681 d 14e44c8e9 -he"> To: Date: Attachments "Hill, Frederick (Commerce)" , "Arnakis , Adrian (Commerce)" Tue, 13 Mar 2018 13:42:40 -0400 Flow Chart4b .tif (3.23 M B) CEQ-18-0173-E-000168 AM RCAN pVERSIGHT 1 C EQ050 FY 18091_000000 748 H0. mill't . u'n .31.. illoi. WW MI [mu Balsa CEQOSOFY18091 000000749 2 of 3--flowchart "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: Date: Attachments d 14e44c8e9-he"> "Arnakis , Adr ian (Commerce)" , "Hill, Frederick (Commerce)" Tue, 13 Mar 2018 13:41:35 -0400 Flow Chart4b .png (22.8 MB) CEQ-18-0173-E-000170 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000754 H0. mill't . u'n .31.. illoi. WW MI [mu Balsa CEQ-18-0173-E-000171 CEQOSOFY18091 000000755 witnesstestimonyis 5 or 10 minutes From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he"> "Neely , Andrew (Commerce)" , "Fuchs , Patrick To: (Commerce)" , "Hill, Frederick (Commerce)" Date: Tue , 13 Mar 2018 14:33:08 -0400 My apologies for asking this simple question. I thought it was 5 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-E-000172 AM RCAN pVERSIGHT 1 CEQ050 FY18091_000000787 FlowChartfile 1 of 3 "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" Date: Tue, 13 Mar 2018 13:40:37 -0400 Attachments Flow Chart4b .jpg (3 .54 MB) These are massive CEQ-18-0173-E-000173 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000791 EQDSU CEO-1 8-0173-E-000174 am IUHHUIJIUII nl?t;l| mm! I f'olIm uli'lhl Re: witnesstestimonyis 5 or 10 minutes From To: Cc: Date: "Fuchs, Patrick (Commerce)" "Herrgott , Alex H. EOP/CEQ" "Neely , Andrew (Commerce)" , "Hill , Frederick (Commerce)" Tue , 13 Mar 2018 14:36:05 -0400 Five minutesper witness.Thanks! Sent from my iPhone On Mar 13, 2018, at 2:33 PM, Herrgott, Alex H. EOP/CEQ wrote: My apologies for asking this simple question. I thought it was 5 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-E-000175 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000001460 RE: FlowChartfile 1 of 3 From: "Arnakis, Adrian (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Tue, 13 Mar 2018 13:44 :04 -0400 ty From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Tuesday, March 13, 2018 1:41 PM To: Arnakis, Adrian (Commerce) Subject : Flow Chart file 1 of 3 These are massive CEQ-18-0173-E-000176 AM RCAN pVERSIGHT 1 CEQ050 FY 18091 _ 000001466 Fwd:Update:Dem questions--for Chaoand Perry/Perdue From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc To: erik_sullivan@sullivan.senate.gov Date: Wed, 14 Mar 2018 12:21 :51 -0400 adm inistrative 18bb681d14e4 4c8e9-he"> Need a pitch hit from Sullivan. Sent from my iPhone Beginforwardedmessage: From: "Herrgott, Alex H. EOP/CEQ" Date: March 14, 2018 at 12:10:27PM EDT To: "scott learherhead@sullivan.senate.gov" Subject: Fwd: Ut>date: Dem questions-for Chao and Perry/Perdue Hey Scott. Can Sullivan pitch in? Sent from my iPhone Begin forwarded message: From: "Swager, Cmtis (Gardner)" Dat e: March 14, 2018 at 12:00:13 PM EDT To: "'Herrgott, Alex H. EOP/CEQ"' Subject: RE: Ut>date: Dem que stions- -for Chao and Perry/Perdue Asking him now . From:Herrgott, Alex H. EOP/CEQ mail t o Sent: Wednesday, March 14, 201811:57 AM To: Swager, Curtis (Gardner) Subject:Fwd: Update: Dem questions--for Chao and Perry/Perd ue Sent from my iPhone Begin forwarded message: From:"Herrgott, Alex H. EOP/CEQ" Date: Mar ch 14, 2018 at 11:51:55 AM EDT CEQ-18-0173-E-000177 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000000440 To: " curtis swagger@gardner .senate.gov " Subject : Fwd: Update: Dem questions--for Chao and Perry/ Perdue Curtis In response to Peters smoke and mirrors comment and wanting to bring more money back to DC. That there is an 80/20 flop. You think if Gardner was going to Hearing he could say. "We need to remember that All federal dollars start out as state and local dollars. Empowering state and locals for the roads and bridges they own is the hallmark of the plan-we don't need to bring new dollars back to de just so we can give them to states with new federal strings" . "Keep in mind-administration supports long term solvency of HTF which is the bread butter-the presidents plan is above al l traditional funding". Alex From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek {OST)' ; 'Burr, Geoff {OST)' ; 'McMaster, Sean {OST)' ; 'JUthmeier@doc .gov' ; 'Loraine, Jennifer A.'< Jennifer.lora ine@hq .doe.gov >; 'chapman.k ristin .a@dol.gov ' ; 'mcguire.katherine .b@dol.gov ' ; 'Green, Heidi - OSEC,Washington, DC' ; 'Young, Joby - OSEC,Washington, DC' ; 'Burthey, Grover {OST)' Subject:Update: Dem questions --for Chao and Perry/Perdue Importance: High All-We were tipped off on Dem questions this morning-these these out of park. There is special focus on rural formula. are critical but we can knock Thanks Alex 1 Klobuchar-2 nd Dem up in Q&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews- the vast majority of projects qualify for categorical exclusions or environmental assessments. FHWA officia ls say "categorica l exclusions still constitute the vast majority of NEPA reviews for CEQ-18-0173-E-000178 AMERICAN pVERSIGHT 2 CEQ050 FY 18091_ 000000440 highway projects." What types of projects are we talking about then that aren't addressed by existing exemptions and simplification? o While it is true that majority of actions are small in nature, such as road resurfacing, co n structing bike paths, bridge rehabilitation and safety improvements are rout inely excluded actions from major environmental reviews ---- these are not the kind of multi -million do llar infrastructure projects that are needed to rebuild the physical backbone of the country . o It is political, not practical , to cite the numerous routine procedural exclusions of environmental reviews in an effort to distract from the very real issue of the unnecessarily long time-frames for major projects to comp lete exhaustive Environmenta l Impact Statements . 2. Schatz-3 rd Dem upQuestion for Chao and Perry. Many see this proposal as a ruse to gut environmental rules. The proposal are not to streamline process but rather act as a compromise to the environment and pub lic hea lth. Can you guarantee this proposal will not dirty our water or harm our commun ities? o The President 's Legislative Principles lay out process reforms to fix the problems I have seen first-hand . This is a practical exercise to examine the "black box" that is federal pem1itting, not a political one. The President has been clear that envir onmental protection s are important and sho uld rem ain in place. Our proposed changes ar e procedural and not substant ive. o TI1eNEPA and permitting process has become a process that forces Governors , Mayors and County Officia ls to navigate an extreme ly complex bureaucratic maze , needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House . but ratl1er have emerged from tmwy listening sessions with local elected officials . environmemal proponents and builders on the front lines . 3. Nelsono Question for Secretary Chao. The last couple of h ighways bills have made a lot of str ides towards expediting project de livery, however, this proposal wou ld add more streamlining. Should agencies not be more focused on implement ing those provisions before adding more? o AMERICAN PVERSIGHT I want to collllllend the members of this Commi11ee for the NEPA streamlining provisions in MAP-21 of2012 and tl1c FAST ACT of 2015 : however , there sti ll remain many stanuory impediments to reducing project delivery times to the President's vison ofan average of2 years. As many on tlle Co1mninee already know , all but two oftl1e provisions in those bills arebeing implemented by Depanmcnt of Transportation : however tl1ey only address tlie NEPA process for transportation projects and do not address the do1.e1lSofpennits that are required once a project receives a Record of Decision (ROD) . CEQ-18-0173-E-000179 3 CEQ050FY18091 _000000440 o Rural program o Neutral Question for Secretary Chao or Perdue. Can you elaborate on how the formula would work? We would look to Congress to determine the appropriate formula . The Administration's legislative outline did not include a specific formula but rather, suggested that the rural formula could be determined by Congress and calculated based on rural lane miles and rural population . The legislative outline also suggested that the formula be adjusted to provide statutory m inimum and maximums so that no state gets the majority of the funding and every state benefits . o Dem Question for Secretaries Chao or Perdue. The formula proposes to include some factor on the lane miles. How is lane miles a determinant when considering all forms of infrastructure? We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side, and it's one of many factors Congress could use to determine a formula for the Rural Program . Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-E-000180 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000000440 Re: Update:Dem questions--for Chaoand Perry/Perdue From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he"> To: "Swager, Curtis (Gardner)" Date: Wed, 14 Mar 2018 12:08:00 -0400 Yah. Tell him we really need this one. Sent from my iPhone On Mar 14, 2018, at 12:00 PM, Swager, Curtis (Gardner) wrote: Asking him now. From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Wednesday, March 14, 2018 11:57 AM To: Swager, Curtis {Gardner) Subject: Fwd: Update: Dem questions--for Chao and Perry/Perdue Sent from my iPhone Begin forwarded message: From: "Herrgott, Alex H. EOP/CEQ" Date: March 14, 2018 at 11:51:55 AM EDT To: "curtis swagger@gardner .senate.gov " Subject: Fwd: Update: Dem questions--for Chao and Perry/Perdue Curtis In response to Peters smoke and mirrors comment and wanting to bring more money back to DC. That there is an 80/20 flop. You think if Gardner was going to Hearing he cou ld say. "We need to remember that All federal dollars start out as state and local dollars. Empowering state and locals for the roads and bridges they own is the hallmark of the plan-we don't need to bring new dollars back to de just so we can give them to states with new federal strings". "Keep in mind-administration supports long term solvency of HTF which is the bread butter-the presidents plan is above all traditional funding". CEQ-18-0173-E-000181 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000000442 Alex From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek {OST)' ; 'Burr, Geoff (OST)' ; 'McMaster, Sean (OST)' ; 'JUthmeier@doc .gov' ; 'Loraine, Jennifer A.' ; 'chapman .kr istin .a@dol.gov ' ; 'mcguire .katherine .b@dol.gov ' ; 'Green, Heidi - OSEC,Washington, DC' ; 'Young, Joby - OSEC,Washington, DC' ; 'Burthey, Grove r {OST)' Subject: Update: Dem questions--for Chao and Perry/Perdue Importance: High All-We were tipped off on Dem questions this morning-these these out of park. There is special focus on rural formula. are critical but we can knock Thanks Alex 1 Klobuchar-2 nd Dem up in Q&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews - the vast majority of projects qualify for categorical exclusions or environmental assessments. FHWA officials say "categorical exclusions still constitute the vast major ity of NEPA reviews for highway projects." What types of projects are we talking about then that aren't addressed by existing exemptions and simplification? o While it is true that majority of actions are small in nature, such as road resurfacing , constructing bike paths, bridge rehabi litat ion and safety improvements are routinely excluded actions from major environmental reviews---these are not the kind of multimillion dollar infrastructure projects that are needed to rebu ild the physical backbone of the country . o It is political, not practical, to cite the numerous routine procedural exclusions of environmental reviews in an effort to distract from the very real issue of the unnecessarily long time-frames for major projects to complete exhaustive Environmental Impact Statements . CEQ-18-0173-E-000182 AMERICAN pVERSIGHT 2 CEQ050 FY 18091_ 000000442 2. Schatz- 3 rd Dem upQuestion for Chao and Perry. Many see this proposal as a ruse to gut environmental rules. The proposa l are not to streamline process but rather act as a compromise to the environment and public health. Can you guarantee this proposal will not dirty our water or harm our commun ities? o The President's LegislativePrincipleslay oul process refonns to fix the problems I have seen first-hand. This is a prac1icalexercise to examine the "black box" that is fcdernlpermitting, not a political one. The Prcsidcnl has been clear that environmental protect ions are important and should remain in place. Our proposed changes are procedural and not substantive. o 3. The NEPA and pcn11i11ing process has become a processthal forcesGovcmors, Mayorsand CounlyOfficials to navigatean extremelycomplex bureaucraticmaze, needlesslywasting millionsof taxpayerdollars. The ideas in the LegislativePrincipleswere not created in a vacuum a1the White House. but rather have emerged from many listening sessions with local electedofficials. enviromnentalproponentsand builders on the front lines. Nelson- o Question for Secretary Chao. The last couple of highways bills have made a lot of strides towards expediting project delivery, however , this proposal would add more stream lining. Should agencies not be more focused on implementing those provisions before add ing more? o J want to commendthe membersofthis Committeefor the NEPA streamliningprovisionsin MAP-21of2012 and the FAST ACT of 2015: however, there still remain manystatutory impedimentsto reducingprojectdelivery times to lhe President's visonof an average of2 years. As manyon the Committeealready know. all but two oftbc provisionsin ll1osebills arc being impleme111ed by Departmentof Transportation;however 1heyonly address the NEPA processfor transpomuionprojectsand do not address the dozensof pennits tliat are required once a project receivesa Recordof Decision (ROD). o Rural program o Neutral Question for Secretary Chao or Perdue. Can you elaborate on how the formula wou ld work? We would look to Congress to determine the appropria t e formula . The Administration's legislative outline d id not include a specific formu la but rather, suggested tha t the rura l formula could be determined by Congress and calculated based on rural lane miles and rural population . The legislative outline also suggested that the formula be adjusted to provide statu to ry minimum and maximums so that no state gets t he majority of the funding and every state benefits . o Dem Question for Secretaries Chao or Perdue. The formu la proposes to include some factor on the lane miles. How is lane miles a determinant when cons idering all forms of infrastruc ture? AMERICAN PVERSIGHT CEQ-18-0173-E-000183 3 CEQ050FY 18091 _000000442 We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side, and it 's one of many factors Congress could use to determ ine a formula for the Rural Program . Alexander Herrgott Associate Director for Infrastructure Council on Environmental Qual ity CEQ-18-0173-E-000184 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000000442 Re: Update:Dem questions--for Chaoand Perry/Perdue From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb68 1d14e44c8e9-he"> To: "Holland, Luke (lnhofe)" ''Wright, Jennie (lnhofe)" , "Forbes , Andrew (lnhofe)" Cc: , "Hillenbrand , Dan (lnhofe)" Date: Wed, 14 Mar 2018 11:21 :29 -0400 Any chance inhofe can say. Peters said our plan is smoke and mirrors. Can in110fesay. "We need to remember tbat A II federal dollars start out as state and local dollars. Empowering state and locals for the roads and bridges they own is the hallmark of the plan- we don't need to bring new dollars back to de just so we can give them to states with new federal strings". "Keep in mind- administrationsupports long tenu solvency ofHTF which is tbe bread butter- the presidents plan is above all traditional funding". Sent from my iPhone On Mar 14, 2018, at 9:24 AM, Holland, Luke (Inhofe) wrote: Dan -we should use the big chart in relation to our question to Perry about the approva l process for pipelines . Will yo u tee that up and see if the boss wants to do it when it is the appropr iate time to do so? From: Herrgott, Alex H. EOP/CEQ[mailto Sent : Wednesday, March 14, 20 18 9:11 AM To: Holland, Luke {lnhofe) ; Wright, Jennie {lnhofe) ; Forbes, Andrew {lnhofe) Subject: FW: Update: Dem questions--for Chao and Perry/Perdue Importance: High FYIguys- any interest in asking for the big chart for lnhofe to use as prop. You can ask Adr ian for it. It will look great behind him. From: Herrgott, Alex H. EOP/CEQ Sent : Wednesday, March 14, 2018 9:09 AM To : 'Kan, Derek {OST)' ; 'Burr, Geoff (OST)' ; 'McMaster, Sean (OST)' ; 'JUthmeier@doc .gov' ; 'Loraine, Jennifer A.'< Jennifer.Loraine@hg.doe.gov >; 'chapman .kristin.a@dol.gov ' CEQ-18-0173-E-000185 AMERICAN pVERSIGHT 1 C EQ050 FY 18091 _ 000000445 ; ' mcguire.katherine.b@do l.gov' ; 'Green, Heidi - OSEC,Washington, DC' ; 'Young, Joby - OSEC, Washington, DC' ; 'Burthey, Grover (OST)' Subject : Update: Dem questions--for Chao and Perry/Perdue Importance: High All-We were tipped off on Dem questions this morning -t hese are critical but we can knock these out of park. There is specia l focus on rural formula. Thanks Alex 1 Klobu char- 2 nd Dem up in O& AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews - the vast majority of projects qualify for categorical exclusions or environmental assessments. FHWA officials say "categorica l exclusions still constitute the vast majority of NEPA reviews for highway projects ." What types of projects are we talking about then that aren ' t addressed by existing exemptions and simplification? o While it is true that majority of actions are smal l in nature, such as road resurfacing , constructing bike paths , bridge rehabilitation and safety improvements are routinely excluded actions from major environmental reviews ----these are not the kind of multimillion dollar infrastructure projects that are needed to rebuild the physical backbone of the country . o It is political, not practical , to cite the numerous routine procedural exclus ions of environmental reviews in an effort to distract from the very real issue of the unnecessari ly long time-frames for major projects to comp lete exhaustive Environmental Impact Statements . 2. Schatz- Jr,/ /Jem 11p- Question for Chao and Peny. Many see this proposal as a ruse to gut environmental rules. The proposal are not to streamline process but rather act as a compromise to the environment and public health . Can you guarantee this proposal will not dirty our water or hann our communities? o The President 's Legislative Principles lay out process reforms to fix the problems r have seen first-hand. This is a practical exercise to examine the "black box" that is federa l permitting , not a political one . The President has been clea r that environmental protections are important and should remain in place. Our proposed changes are procedural and not substantive. CEQ-18-0173-E-000186 AMERICAN PVERSIGHT 2 CEQ050FY 18091_000000445 o 3. The NEPA and permitting process has become a process that forces Governors, Mayors and County Officials to navigate an extremely complex bureaucrntic maze, need lessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacmun at the White House , but rather have emerged from many listening sessions with locaJ elected officia ls, environmental proponents and builders on the front lines. Nelson- o Question for Secretary Chao. The last couple of highways bills have made a lot of strides towards expediting project delivery , however, this proposal would add more streamlining. Should agencies not be more focused on implementing those provisions before adding more? o I want to commend the members of this Committee for the NEPA streamlining prov isions in MAP -21 of2012 and the FAST ACT of 2015; however , there still remain many statutory impediments to reducing project delivery times to the President 's vison ofan average of2 years . As many on the Committee already know , all but two of the provisions in those bills are being implemented by Department of Transportation; however they only address the NEPA process for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD) . o Rural program o Neutral Question for Secretary Chao or Perdue. Can you elaborate on how the formula would work? We wou ld look to Congress to determine the appropriate formula. The Administration's legislative outline did not include a specific formula but rather , suggested that the rural formula could be determined by Congress and calculated based on rural lane miles and rural population. The legislative outline also suggested that the formula be adjusted to provide statutory minimum ru1dmaximums so that no state gets the majority of the funding and every state benefits. o Dem Question for Secretaries Chao or Perdue. The fonnula proposes to include some factor on the lane miles. How is lane miles a determinant when considering all fom1s of infrastructure ? We wou ld look to Congress to detem1ine the appropriate formula. Rural lane miles have historically been used as an effective factor on the transportation side , and it's one of many factors Congress could use to determine a formula for the Rural Program . AMERICAN PVERSIGHT CEQ-18-0173-E-000187 3 CEQ050FY 18091 _000000445 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Qual ity CEQ-18-0173-E-000188 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000000445 Fwd:Update:Dem questions--for Chaoand Perry/Perdue From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc To: curtis_swagger@gardner.senate.gov Date: Wed, 14 Mar 2018 11 :51 :55 -0400 18bb681d14e44c8e9- he"> Curtis In response to Peters smoke and mirrorscomment and wanting to bring more money back to DC. That there is an 80/20 flop. You think if Gardnerwas going to Hearing be could say. "We need to rememberthat All federal dollars start out as state and local dollars. Empoweringstate and locals for the roads and bridges they own is the hallmark of the plan- we don't need to bring new dollars back to de just so we can give them to states with new federal strings". "Keep in mind- administrationsupportslong tenn solvencyof HTF which is the bread butter- the presidents plan is above all traditionalfunding". Alex From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek (OST)' ; 'Burr, Geoff (OST)' ; 'McMaster, Sean (OST)' ; 'JUthmeier@doc .gov ' <.JUthmeier@doc.gov >; 'Loraine, Jennifer A.' ; 'chapman .kr istin.a@dol.gov ' ; 'mcguire .katherine.b@dol.gov ' ; 'Green, Heidi - OSEC,Wa shington, DC' ; 'Young, Joby - OSEC, Washington, DC' ; 'Burthey, Grover {OST)' Subject:Update: Dem questions--for Chao and Perry/Perd ue Importance: High All- We were tipped off on Dem questions this morning- these are critical but we can knock these out of park. There is special focus on rural formula. Thanks Alex 1 Klobuchar-2 nd Dem up in Q&A- CEQ-18-0173-E-000189 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000000737 GAO notes that it prev iously reported that 99 percent of highway projects are not being held up by complex NEPA reviews - the vast majority of projects qualify for categorical exclus ions or environmenta l assessments. FHW A officia ls say "categ orical exclusions still constitute the vast majority of NEPA reviews for highway projects. " What types of projects are we talking about then that aren 't addressed by existing exemptions and simplification? o While it is true that majority of actions are small in natu re, such as road resurfacing , constrncting bike paths, bridge rehabilitation and safety improvements are routinely excluded actions from major environmental reviews ---these are not the kind of multi-million dollar infrastmcture projects that are needed to rebuild the physical backbone of the country . o [t is political , not practical , to cite the numerous routine procedura l exclusions of environmental reviews in an effort to distract from the very real issue of the unnecessarily long time-frames for major projects to complete exhaustive Environmental Impact Statements . 2. Schatz- JrlfDem "P= Questionfor Chao and Peny. Many see this proposal as a ruse to gut enviroumental rules. The proposal are not to streamline process but rather act as a compromise to the environment and public health . Can you guarautee this proposal will not dirty our water or harm our communities? o The President ' s Legislative Principles lay out process refom1s to fix the problems I have seen first-hand . This is a practical exercise to examine the " black box" that is federal permitting , not a political one . The President has been clear that environm ental protections are imp ortant and shouJd remain in place. Our proposed changes are procedural and not substantive. o The NEPA and pennitting process bas become a process that forces Governors , Mayors and County Officials to navigate an extremely complex bureaucratic maze, needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House, but rather have emerged from many listening sessions with local elected officials , environmental proponents and builders on the front lines. Nelsono Questionfor Secretary Chao. The last couple of highways bills have made a lot of strides towards expediting project delivery , however , this proposal would add more streamlining. Should agencies not be more focused on implementing those provisions before adding more? 3. CEQ-18-0173-E-000190 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000000737 o I want to commend the members of this Committee for the NEPA streamlining provisions in MAP-21 of20l2 and the FAST ACT of2015 ; however , there still remain many statutory impediments to reducing project delivery times to the President 's vison of an average of 2 years. As many on the Committee already know , all but two of the provisions in those bills are being implemented by Department of Transportation ; however they only address the NEPA proces s for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD). o Rural program o Neutral Questionfor Secretary Chaoor Perdue. Can you elaborate on how the formu la would work? We would look to Congress to determine the appropriate formula. The Administration's legislative outline did not include a specific formula but rather , suggested that the rural formula could be determined by Congress and calculatedbasedon rural lanemiles aud ruralpopulation. The legislative outline also suggested that the formula be adjusted to provide statutory minimum and maximums so that no state gets the majority of the funding and every state benefits . o Dem Question for Secretaries Chao or Perdue. The formula proposes to includ e some factor on the lane miles. How is lane mil es a determinant when considering all forms of infrastructure? We would look to Congress to determine the appropriate fonnula. Rural lane miles have historically been used as an effective factor on the transpo11ation side, and it's one of many factors Congress could use to determine a formula for the Rural Program . Alexander Herrgott Associate Director for Infra struct ure Council on Environmental Quality CEQ-18-0173-E-000191 AM RCAN pVERSIGHT 3 CEQ050FY 18091_ 000000737 FW: Update:Dem questions--for Chao and Perry/Perdue From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9- he"> "Holland, Luke (lnhofe)" , "Wright , Jennie (lnhof e)" To: , andrew _forbes@inhofe.senate.gov Date: Wed, 14 Mar 2018 09:11 :17 -0400 FYIguys- any interest in asking for the big chart for lnhofe to use as prop. You can ask Adrian for it. It will look great behind him . From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek (OST)' ; 'Burr, Geoff (OST)' ; 'McMaster, Sean {OST)' ; 'JUthmeier@doc.gov ' ; 'Loraine, Jennifer A .' ; 'chapma n.kristi n.a@dol.g ov ' ; 'mcguire.katherine .b@dol.gov' ; 'Green , Heidi - OSEC,Washington, DC' ; 'Young, Joby - OSEC,Washington, DC' ; 'Burthey, Grover (OST}' Subject: Update: Dem questions--for Chao and Perry/Perdue Importance: High All- We were tipped off on Dem questions this morning- these are critica l but we can knock these out of park. There is special focus on rural formula. Thanks Alex 1 o Klobuchar-2 nd Dem up in O&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews -th e vast majority of projects qualify for categorica l exclusions or environmental assessments . FHW A officials say "categorica l exclusions still constitute the vast majority of NEPA reviews for highway projects. " What types of projects are we talking about then that aren't addressed by existing exemptions and simplification? While it is tme that majority of actions are small in nature , such as road resurfacing , constructing bike path s, bridge rehabilitation and safety improvements are routinely excluded actions from major environmental reviews---these are not the kind of multi- CEQ-18-0173-E-000192 AMERICAN pVERSIGHT 1 CEQ050FY 18091_000000743 million dollar infrastructure projects that are needed to rebuild the physical backbone of the country . o It is political, not practical , to cite the numero us routi ne procedural exclusions of environ menta l reviews in an effort to distract from the very real issue of the unnecessarily long time-frames for major projects to complete exhaustive Environmental Impact Statements. 2. Schatz-3 rd Dem upQuestionfor Chao and Perry. Many see this proposal as a ruse to gut environmental mies. The proposal are not to stream line process but rather act as a compromise to the environment and public health. Cao you guarantee this propo sal will not dirty our water or harm our communities? 3. o The President's Legislative Principles lay out process reforms to fix the problems I have seen first-ha nd. This is a practical exercise to examine the "black box" that is federal permitting, not a political one. The President has been clear that environmental protections are important and should remain in place. Our proposed changes are procedural and not substantive. o The NEPA and pem1itting process has become a process that forces Governors , Mayors and County Officials to navigate an extremely complex bureaucratic maze , needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House , but rather have emerged from many listening sessions with local elected officia ls, environmental proponents and builders on the front lines. Nelson- o Question/or SecretaryChao. The last couple of highways bills have made a lot of strides towards expediting project delivery , however , this proposal would add more streamlining. Should agencies not be more focused on implementing those provisions before adding more? o I want to commend the members of this Committee for the NEPA streamlining provis ions in MAP -21 of2012 and the FAST ACT of2015 ; however , there still remain many statutory impediments to reducing project delivery times to the President 's vison of an average of2 years. As many on the Committee already know , all but two of the provisions in those bills are being impleme nted by Department of Transporta tion; however they only address the NE PA process for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD) . CEQ-18-0173-E-000193 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000000743 o Rural program o Neutral Question for Secretary Chao or Perdue. Can you elaborate on how the formula would work? We would look to Congress to determine the appropriate formula . The Administration's legislative outline did not include a specific formula but rather , suggested that the rural formula could be determined by Congress and calculated based on rural lane miles and rural population . The legislative outline also suggested that the formula be adjusted to provide statutory minimum and maximums so that no state gets the majority of the funding and every state benefits . o Dem Question for Secretaries Chao or Perdue. The formula proposes to .include some factor on the lane miles. How is lane miles a determinant when considering all forms of infrastructure? We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side, and it's one of many factors Congress could use to determine a formula for the Rura l Program . Alexander Herrgott Associate Director for Infrast ru cture Council on Environmenta l Quality CEQ-18-0173-E-000194 AM RCAN pVERSIGHT 3 CEQ050FY 18091_000000743 Thankyou From Adrian Arnak is , frederick _hill@commerce.senate .gov, andrew _neely@commerce.senate.gov, To: patrick_fuchs@commerce.senate.gov, fern_gibbons@commerce.senate .gov , nick_rossi@commerce .senate.gov, "Lai, Joseph G. EOP/WHO" Date: Wed, 14 Mar 2018 13:51:11 -0400 Gang, On a personal note, thank you for all your work for Today's Hearing. As always, it is a pleasure to work with you. Perhaps we should do some White House bowling next week. Alex Sent from my iPhone CEQ-18-0173-E-000195 AM RCAN pVERSIGHT 1 CEQ050FY18091_000000772 Fwd:Update:Dem questions--for Chaoand Perry/Perdue From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization /ou=excha nge administrative group (fydibohf23spdlt)/cn =recipients/cn=45656107 f8dc4dc 18bb68 1d14e44c8e9-he"> To: scott_learherhead@sullivan .senate .gov Date: Wed , 14 Mar 2018 12:10:27 -0400 Hey Scott. Can Sullivan pitch in? Sent from my iPhone Begin forwardedmessage: From: "Swager, Curtis (Gardner)" Date: March 14, 2018 at 12:00:13 PM EDT To: "'Herrgott, Alex H. EOP/CEQ"' Subject: RE: U1ldate: Dem questions-for Chao and Perry/Perdue Asking him now . From: Herrgott , Alex H. EOP/CEQ mailto: Sent: Wednesday , March 14, 2018 11:57 AM To: Swager, Curtis (Gardner) Subject:Fw d : Update: Dem quest ions--for Chao and Perry/Perdue Sent from my iPhone Begin fo rwarded me ssage: From: "Herrgott , Al ex H. EOP/CEQ" Date: Ma rch 14, 2018 at 11:51 :55 AM EDT To: " curtis swagger@gardner.senate .gov " Subject:Fwd: Update: Dem questions--for Chaoand Perry/ Perdue Curt is In response to Peters smoke and mirrors comment and wanting to br ing more money back to DC. That there is an 80/20 flop . You think if Gardner was going to Hearing he cou ld say. CEQ-18-0173-E-000196 AMERICAN pVERSIGHT 1 C EQ050 FY18091_000000 775 "We need to remember that All fede ral dolla rs start out as state and local dollars. Empowering state and locals for the roads and bridges they own is the hallmark of the plan-we don't need to bring new dollars back to de just so we can give them to states with new federal strings". "Keep in mind - administration supports long term solvency of HTF which is the bread butter - the presidents plan is above all traditional funding". Alex From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek {OST)' ; 'Burr, Geoff (OST)' ; 'McMaster, Sean (OST)' ; 'JUthmeier@doc.gov ' ; 'Loraine, Jennif er A.' ; 'chapman .kristin .a@dol.gov ' ; 'mcguire .katherine .b@dol.gov ' ; 'Green, Heidi - OSEC,Wash ington, DC' ; 'Young, Joby - OSEC,Washington, DC' ; 'Burthey, Grover (OST)' Subject: Update : Dem questions- -for Chao and Perry/Perdue Importance: High All-We we re tipped off on Dem questions this morning-these these out of park . There is special focus on rural formula . are critical but we can knock Thanks Alex 1 Klobuchar- 2nd Dem up in Q&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews-the vast majority of projects qualify for categorical exclusions or environmental assessments. FHWA officials say "categorical exclusions still constitute the vast major ity of NEPA reviews for highway projects." What types of projects are we talking about then that aren't addressed by existing exemptions and simplification? o While it is true that majority of actions are small in nature, such as road resurfacing , constructing bike path s, bridge rehabilitat ion and safety improvements are routinely excluded actions from major environmental reviews --- these are not the kind of multi million dollar infrastructure projects that are needed to rebu ild the physical backbone of the country . CEQ-18-0173-E-000197 AMERICAN pVERSIGHT 2 CEQ050 FY18091_000000 775 o It is political, not practical , to cite the numerous routine procedural exclusions of environmental reviews in an effort to d istract from the very real issue o f t he unnecessarily long time-frames for major projects to comp lete exhaustive Environmental Impact Statements . 2. Schatz-3 rd Dem upQuestion for Chao and Perry. Many see this proposal as a ruse to gut env ironmental rules. The proposa l are not to streamline process but rather act as a compromise to the environment and public hea lth. Can you guarantee this proposal will not dirty ou r water or harm our communities? o The President's Legislative Principles lay out process refonns to flX the problems I have seen r.rst-hand. This is a practical exercise to examine the "black box" that is federal pennitting, not a political one. The President has been clear that environmental protections are important and should remain in place. Our proposed changes are procedural and not substantive. o The NEPA and pennitting process has become a process that forces Governors, Mayors and County Officials to navigate an extreme ly complex bureaucratic maze, needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House. but rather have emerged from many listening sessions with local elected officials. environmental proponents and builders on the front lines. 3. Nelsono Question for Secretary Chao. The last couple of highways bills have made a lot of strides towards expediting project delivery, however, this proposal would add mo re stream lin ing. Should agencies not be more focused on implementing those prov isions before add ing more? o J want to commend the members of this Committee for the NEPA streamlining provisions in MAP-21 of2012 and the FAST ACT of 2015; however, there still remain many statutory impediments to reducing project delivery times to the President' s vison ofan average of2 years. As many on the Committee already know, all but two of the provisions in those bills are being implemented by Department ofTrausportation ; however they only address the NEPA process for transportation projects and do not address the dozens of pcnnits that arc required once a project receives a Record of Decision (ROD). o Rural program o Neutral Question for Secretary Chao or Perdue. Can you elaborate on how the formula wou ld work? We would look to Congress to determine the appropriate formula. The Administration's legisla tive outline did not include a specific formu la but ra t her , suggested t hat the rural formu la could be determined by Congress and calculated based o n rural lane miles and rural population. The legis lative ou tline a lso suggested th at the formu la be adjuste d to provide sta t utory AMERICAN PVERSIGHT CEQ-18-0173-E-000198 3 CEQ050FY 18091 _000000775 minimum and maximums so that no state gets the majority of the funding and every state benefits . o Dem Question for Secretaries Chao or Perdue. The formula proposes to include some factor on the lane m iles. How is lane miles a determinant when considering all forms of infrastructure? We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side, and it's one of many factors Congress could use to determ ine a formula for the Rural Program . Alexander Herrgott Associate Director for Infrastructure Council on Environmental Qual ity CEQ-18-0173-E-000199 AM RCAN pVERSIGHT 4 CEQ050 FY18091_000000775 Fwd:Update:Dem questions--for Chaoand Perry/Perdue From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc To: curtis_swager@gardner.senate.gov Date: Wed, 14 Mar 2018 11 :57:18 -0400 18bb681d14e44c8e9-he"> Sent from my iPhone Begin forwarded message: From: "Herrgott, Alex H. EOP/CEQ" Date: March 14, 20 18 at 11:51:55 AM EDT To: "curtis swagger@gardner.senate.gov" Subject: Fwd: Ut>date:Dem questions-for Chao and Perry/Perdue Curtis In response to Peters smoke and mirrors comment and wanting to bring more money back to DC. That there is an 80/20 flop. You think if Gardner was going to Hearing he could say. 'We need to remember that All federal doUarsstart out as state and local dollars. Empowering state and locals for the roads and bridges they own is the hallmark of the plan- we don't need to bring new dollars back to de just so we can give them to states with new federal strings". "Keep in mind- administration supports long term solvency ofHTF which is the bread butter-the presidents plan is above all traditional funding". Alex From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek (OST)' ; 'Burr, Geoff {OST)' ; 'McMaster, Sean {OST)' ; 'JUthmeier@doc.gov ' ; 'Loraine, Jennifer A.' ; 'chapman . kristi n .a@dol .gov' ; 'mcgui re. katherine. b@do l .gov' ; 'Green, Heidi - OSEC,Washington , DC' ; 'Young, Joby - OSEC,Washington, DC' ; 'Burthey, Grover (OST)' CEQ-18-0173-E-000200 AMERICAN pVERSIGHT 1 CEQ050FY18091 _ 000000778 Subject:Update: Dem questions- -for Chao and Perry/Perdue Importance: High All-We were tipped off on Dem questions this morning-these are critical but we can knock these out of park. There is special focus on rural formula. Thanks Alex 1 Klobuchar - 2 nd Dem up in Q& AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews - the vast majority of projects qualify for categorical exclusions or environmental assessments. FHW A officials say "categorical exclusions still constitute the vast majority of NEPA reviews for highway projects. " What types of projects are we talking about then that aren 't addressed by existing exemptions and simplification? o While it is true that majority of actions are small in nature , such as road resurfacing , constructing bike paths , bridge rehabilitation and safety improvements are routine ly excluded actions from major environmenta l reviews----these are not the kind of multi-million dollar infrastructure projects that are needed to rebuild the physical backbone of the country . o It is political , not practical , to cite the numerous routine procedural exclusions of environmenta l reviews in an effort to distract from the very real issue of the unnecessarily long time-frames for major projects to complete exhaustive Environmental Impact Statements . 2. Schau- 3rd Dem UP= Question for Chao and Perry. Many see this proposal as a ruse to gut environmental mies. The proposal are not to streamline process but rather act as a compromise to the environment and public health. Can you guarantee this proposal will not dirty our water or harm our communit ies? o The President's Legislative Principles lay out process reforms to fix the problems I have seen first-hand . This is a practical exercise to examine the "b lack box" that is federa l permitting , not a politica l one. The President has been clear that environm ental protecti ons are important and should remain in place . Our proposed changes are procedural and not substantive. CEQ-18-0173-E-000201 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000000778 o 3. The NEPA and permitting process has become a process that forces Governors , Mayors and County Officials to navigate an extremely complex bureaucratic maze, needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House , but rather have emerged from many listening sessions with local elected officials , environmental proponents and builders on the front lines. Nelson- o Questionfor Secreta,y Chao. The last couple of highways bills have made a lot of strides towards expediting project delivery , however , this proposal would add more streamlining. Shou ld agencies not be more focused on implementing those provisions before adding more? o I want to commend the members of this Committee for the NEPA streamlining provisions in MAP-21 of2012 and the FAST ACT of20 15; however , there still remain many statutory impediments to reducing project delivery times to the President ' s vison of an average of2 years. As many on the Corrunittee already know, all but two of the provisions in those bills are being implemented by Department of Transportation ; however they only address the NEPA process for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD) . o Rural program o Neutral Question.forSecreta,y Chao or Perdue. Can you elaborate on how the formula would work? We would look to Congress to determine the appropriate formula . The Administration 's legislative outline did not include a specific formula but rather , suggested that the rural formLLlacould be determined by Congress and calculated based on rural lane miles and rural population . The legislative outline also suggested that the fonnula be adjusted to provide statutory minimum and maximums so that no state gets the majority of the funding and every state benefits . o Dem Question.forSecretaries Chao or Perdue. The formula proposes to include some factor on the lane miles. How is lane miles a determinant when consider ing all forms of infrastructure? We would look to Congress to determine the appropriate formula. Rural lane miles have historically been used as an effective factor on the transportation side , and it's one of many factors Congress could use to determine a fonnula for the Rural Program . AMERICAN PVERSIGHT CEQ-18-0173-E-000202 3 CEQ050FY 18091 _000000778 Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000203 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000000778 Fwd:Update:Dem questions--for Chaoand Perry/Perdue From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc To: adam_tomli nson@capito .senate.gov Date: Wed , 14 Mar 2018 11 :24:52 -0400 18bb681d14e44c8e9-he"> Any chance senator Capito could say somethingto this effect? Peters said our plan is smoke and mirrors. Can inhofe say. "We need to remember that All federal dollars start out as state and local dollars. Empowering state and locals for the roads and bridges they own is the hallmark of the plan-we don't need to bring new dollars back to de just so we can give them to states with new federal strings". "Keep in mind- administration supportslong tenn solvency ofHTF which is the bread butter- the presidentsplan is above all traditional funding". Sent from my iPhone On Mar 14, 2018, at 9:24 AM , Holland, Luke (lnhofe) wrote: Dan - w e should use the big chart in relation to our quest ion to Perry about the approval process for pipelines. Will you tee t hat up and see if the boss wan t s to do it w hen it is the appro pr iate t ime to do so? From: Herrgott, Alex H. EOP/CEQ mailto Sent: Wednesday, March 14, 2018 9:11 AM To: Holland, Luke {lnhofe) ; Wright, Jennie {lnhofe) ; Forbes, Andrew (lnhofe) Subject:FW: Update: Dem questions --for Chao and Perry/Perdue Importance: High FYI guys-any interes t in asking for t he big chart for lnhofe t o use as prop . You can ask Adrian for it. It will look great behind him. From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To : 'Kan, Derek (OST)' ; 'Burr, Geoff {OST)' ; 'McMaster, Sean {OST)' ; 'JUthmeier@doc.gov ' ; 'Loraine, Jennifer A.' ; 'chapman .kristin.a@dol.gov ' ; 'mcguire .katherine .b@dol.gov ' ; 'Green, Heidi - OSEC,Washington, DC' ; 'Young, Joby - OSEC, CEQ-18-0173-E-000204 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000000781 Washington, DC' ; 'Burthey, Grover (OST)' Subject: Update: Dem questions --for Chao and Perry/Perdue Importance: High All-We were tipped off on Dem questions this morning-these are critical but we can knock these out of park . There is special focus on rural formula. Thanks Alex 1 Klobucbar- 2 11d Dem up in O&A GAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews - the vast majority of projects qualify for categorical exclusions or environmental assessments. FHWA officials say "categorical exclusions still constitute the vast majority of NEPA reviews for highway projects ." What types of projects are we talking about then that aren't addressed by existing exemptions and simplification? o Whi le it is tme that majority of actions are small in nan ire, such as road resurfacing , constructing bike paths, bridge rehabilita tion and safety improvemen ts are routinely excluded act ions from major environmental reviews----these are not the kind of multi-million dollar infrastruct ure projects that are needed to rebuild the physica l backbone of the country . o It is political, not practical , to cite the numerous routine procedura l exclusions of environmen tal reviews in au effort to distract from the ve1y real issue of the unnecessar ily long time-frames for major projects to complete exhaustive Environmen tal Impact Statements . 2. Schlltz-3 rd Dem IIP= Question.for Chao and Peny. Many see this proposal as a ruse to gut environmental rules. The proposal are not to streamline process but rather act as a compromise to the environment and public health. Can you guarantee this proposal will not dirty our water or harm our communjties? o The President 's Legislative Princip les lay out process refonns to fix the problems I have seen first-hand . This is a practical exercise to examine the " black box" that is federal permitting , not a political one . The President has been clear that environm entaJ protections are important and should remain in place. Our proposed changes are procedural and not substantive. CEQ-18-0173-E-000205 AMERICAN PVERSIGHT 2 CEQ050FY 18091_000000781 o The NEPA and permitting process has become a process that forces Governors , Mayors and County Officials to navigate an extremely complex bureaucratic maze, needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House , but rather have emerged from many listening sessions with local elected officials , environmental proponents and builders on the front lines. Nelsono Questionfor Secreta,y Chao. The last couple of highways bills have made a lot of 3. strides towards expediting project delivery , however , this proposal would add more streamlining. Should agencies not be more focused on implementing those provisions before adding more? o I want to commend the members of this Committee for the NEPA streamlining provisions in MAP-21 of20l2 and the FAST ACT of2015 ; howeve r, there still remain many statutory impediments to reducing project delivery times to the President ' s vison of an average of2 years. As many on the Committee already know , all but two of the provisions in those bills are being implemented by Department of Transportation ; however they only address the NEPA process for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD) . o Rural program o Neutral Questionfor Secretmy Chao or Perdue. Can you elaborate on how the formula would work? We would look to Congress to detem1ine the appropria te formula. The Administra tion's legislative outline did not include a specific formula but rather , suggested that the rural formula could be determined by Congress and calculated based on rural lane m iles and mraJ population . The legislative outline also suggested that the formula be adjusted to provide statutory minimum and maxi.mums so that no state gets the major ity of the funding and every state benefits . o Dem Questionfor Secretaries Chao or Perdue. The formula proposes to include some factor on the lane miles . How is lane miles a determinant when considering all forms of infrastructure? We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side , and it' s one of many factors Congress could use to detennine a formula for tl1e Rural Program . AMERICAN PVERSIGHT CEQ-18-0173-E-000206 3 CEQ050FY 18091 _000000781 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-E-000207 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000000781 FW: Permitgraphicposters From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange adm inistrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc To: Date: 18bb68 1d14e44c8e9-he"> dan_hillenbrand@inhofe .senate.gov, "Wright , Jennie (lnhofe)" Wed , 14 Mar 2018 09: 14:48 -0400 .. .o.... It? o I 1oo , ,. ..-1...": ,, ; . '1.GBP, IIUI o Io .'. .o I~, ... CEQ-18-0173-E-000208 AMERICAN pVERSIGHT ,o .. 1 C EQ050 FY 18091 _ 000000785 RE: Thankyou From "Arnakis, Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" "Hill, Frederick (Commerce)" , "Neely, Andrew (Commerce)" , "Fuchs, Patrick (Commerce)" To: , "Gibbons, Fern (Commerce)" , "Rossi, Nick (Commerce)" , "Lai, Joseph G. EOP/WHO" Date: Wed, 14 Mar 2018 14:46:10-0400 Thanks for all your help as well. SecretaryDay was a great success. -----OriginalMessage----From: Herrgott, Alex H. EOP/CEQ [majlto: Sent: Wednesday, March 14, 20 18 1:51 PM To: Amakis, Adrian (Commerce); Hill, Frederick (Commerce) ; Neely, Andrew (Commerce); Fuchs, Patrick (Commerce); Gibbons, Fem (Commerce) ; Rossi, Nick (Commerce); Lru, Joseph G. EOP/WHO Subject:Thank you Gang, On a personal note, thank you for all your work for Today's Hearing. As always, it is a pleasure to work with you. Perhaps we should do some White House bowling next week. Alex Sent from my 1Phone CEQ-18-0173-E-000209 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000002238 RE: Thankyou From: "Fuchs , Patrick (Commerce)" To: "Herrgott , Alex H. EOP/C EQ" Date: Wed, 14 Mar 2018 14:03 :48 -0400 I- Thanks, Alex. It was a pleasme to work with you too. Patrick Fuchs -----Original Message----From: Herrgon, Alex H. EOP/CEQ [mailto: Sent: Wednesday, March 14, 2018 1:51 PM To: Amakis, Adrian (Commerce) ; Hill, Frederick (Commerce) ; Neely, Andrew (Commerce) ; Fuchs, Patrick (Commerce) ; Gibbons, Fem (Commerce) ; Rossi, Nick (Conunerce) ; Lai, Joseph G. EOP/WHO Subject: Thank you Gang, On a personal note, thank you for all your work for Today's Heaiing. As always, it is a pleasure to work with you. Perhaps we should do some White House bowling next week. Alex Sent from my iPhone CEQ-18-0173-E-000210 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000002239 RE: Update:Dem questions--for Chao and Perry/Perdue From: "Tomlinson, Adam (Capito)" To: "Herrgott , Alex H. EOP/CEQ " Date: Wed , 14 Mar 2018 12:46:01 -0400 She tried to respond to the Ds argument by pointing out our state's willingness to step forward with more of our own resources. But we had to spend the bulk of her time with Sec. Perry on the NGL hub . Op-ed should come soon. When you get a chance, please let me know how things are looking on the request for a visit from Sec. Chao. From: Herrgott, Alex H. EOP/CEQ[mailto:Alexander.H.Herrgott@ceq.eop.gov ] Sent: Wednesday, March 14, 2018 11:25 AM To: Tomlinson, Adam {Capito) Subject:Fwd: Update: Dem questions--for Chao and Perry/Perdue Any chance senator Capito could say something to this effect? Peters said our plan is smoke and mirrors. Can inhofe say. "We need to remember that All federal dollars start out as state and local dollars . Empowering state and locals for the roads and bridges they own is the hallmark of the plan-we don't need to bring new dollars back to de just so we can give them to states with new federal strings". "Keep in mind-administration supports long term solvency of HTF which is the bread butter - the presidents plan is above all tra dit ional funding" . Sent from my iPhone On Mar 14, 2018, at 9:24 AM, Holland, Luke (ln hofe) wrote: Dan -we should use the big chart in relation to our question to Perry about the approval process for pipelines . Will you tee that up and see if the boss wants to do it when it is the appropriate time to do so? From : Herrgott , Alex H. EOP/CEQ mailto Sent: Wednesday, March 14, 2018 9:11 AM To: Hol land, Luke (lnhofe) ; Wright, Jennie {lnhofe) ; Forbes, Andrew (lnhofe) CEQ-18-0173-E-000211 AMERICAN pVERSIGHT 1 C EQ050 FY18091 _ 000002240 Subject : FW: Update: Dem questions--for Chao and Perry/Perdue Importance: High FYIguys- any intere st in asking for the big chart for lnhofe to use as prop. You can ask Adr ian for it. It wi ll look great beh ind him. From: Herrgott, Alex H. EOP/CEQ Sent : Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek (OST)' ; 'Burr, Geoff (OST)' ; 'McMaster, Sean (OST)' ; 'JUthmeier@doc.gov ' ; 'Loraine, Jennifer A.' ; 'chapman .kristin .a@dol.gov ' ; 'mcguire .katherine .b@dol .gov' ; 'Green, Heidi - OSEC,Wash ington, DC' ; 'Young, Joby - OSEC, Washington, DC' ; 'Burthey, Grover (OST)' Subj ect: Update: Dem questions--for Chao and Perry/Perdue Importance: High All-We were tipped off on Dem questions this morning-these are critical but we can knock these out of park . There is special focus on rural formula. Thanks Alex 1 Klobu char-2 nd Dem up in O&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews - the vast majority of projects qualify for categorical exclusions or environmental assessments. FHWA officials say "categorical exclusions still constitute the vast majority of NEPA reviews for highway projects. " What types of projects are we talking about then that aren't addressed by existing exemptions and simplification? o While it is tme that majority of actions are small in nanire, such as road resurfacing , constructing bike paths, bridge rehabilitation and safety improvements are routinely excluded actions from major environmental reviews----these are not the kind of multi-million dollar infrastructure projects that are needed to rebuild the physical backbone of the country . o It is political, not practical , to cite the numerous routine procedural exclusion s of environmental reviews in an effort to distract from the ve1y real issue of the unnecessarily long time-frames for major projects to complete exhaustive Environmental Impact Statements . CEQ-18-0173-E-000212 AMERICAN PVERSIGHT 2 CEQ050FY 18091 _000002240 2. Schatz-3 rd Dem upQuestionfor Chao and Peny. Many see this proposa l as a ruse to gut environmental rules. The proposal are not to streamline process but rather act as a compromise to the environment and public hea lth . Can you guarantee this proposal will not dirty our water or harm our communities? o The President 's Legislative Principles lay out process refom1s to fix the problems I have seen first-hand . This is a practical exercise to examine the " black box" that is federal permitting , not a political one. The President has been clear that environmental protections are important and should remain in place. Our proposed changes are pro cedural and not substantive. o The NEPA and permitting process has become a process that forces Governors , Mayors and County Officials to navigate an extremely complex bureaucratic maze, needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House, but rather have emerged from many listening sessions with local elected officials , environmental proponents and builders on the front lines. Nelsono Question.forSecreta,y Chao. The last couple of highways bills have made a lot of 3. strides towards expediting project delivery , however , this proposal would add more streaml ining. Should agencies not be more focused on implement ing those provisions before adding more? o I want to commend the members of this Committee for the NE PA stream lining provisions in MAP-21 of2012 and the FAST ACT of2015 ; however , there still remain many statutory impediments to reducing project delivery times to the President' s vison ofan average of2 years. As many on the Committee already know , all but two of the provisions in those bills are being implemented by Department of Transportation ; however they only address the NE PA process for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD). o Rural program o Neutral Questionfor Secretary Chao or Perdue. Can you elaborate on how the formula would work? We would look to Congress to detem1ine the approp riate formu la. The Administration 's legislative outline did not include a specific formula but rather , suggested that the rural formula could be determined by Congress and calculated based on rural lane miles and rural population. The legislative AMERICAN PVERSIGHT CEQ-18-0173-E-000213 3 CEQ050FY 18091 _000002240 outline also suggested that the formula be adjusted to provide statutory minimum and maximums so that no state gets the majority of the funding and every state benefits . o Dem Questionfor Secretaries Chao or Perdue. The formula proposes to include some factor on the lane miles. How is lane miles a determinant when considering all forms of infrastructure? We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side, and it's one of many factors Congress could use to detennine a formula for the Rural Program . Alexander Herrgott Associate Director for Infrast ructure Council on Environmental Quality CEQ-18-0173-E-000214 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000002240 RE: Update:Dem questions--for Chaoand Perry/Perdue From: "Swager , Curtis (Gardner)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed , 14 Mar 2018 12:01 :17 -0400 He doesn't' think he'll have enough time . He has several trade related questions he wants to ask. From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Wednesday , March 14, 2018 11:57 AM To: Swager, Curtis (Gardner) Subject: Fwd: Update : Dem questions- -fo r Chao and Perry/Pe rdue Sent fr om my iPhone Begin forwarded message: From: "Herrgott, Alex H. EOP/CEQ" Date: March 14, 2018 at 11:51:55 AM EDT To: "curtis swagger@gardner.senate.gov " Subject:Fwd: Update: Dem questions--for Chaoand Perry/Perdue Curtis In response to Peters smoke and mir rors comment and wanting to bring more money back to DC. That there is an 80/20 flop . You think if Gardner was going to Hearing he could say. "We need to remembe r that All federal dollars start out as state and local dollars . Empowering state and locals for t he roads and bridges they own is the hal lmark of the plan - we don't need to bring new dollars back to de just so we can give them to states with new federal str ings". "Keep in mindadministration supports long term solvency of HTF which is the bread butter-the presidents plan is above all traditional funding" . Alex CEQ-18-0173-E-000215 AMERICAN pVERSIGHT 1 C EQ050 FY 18091 _ 000002241 From: Herrgott, Alex H. EOP/CEQ Sent : Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek (OST)' ; 'Burr, Geoff (OST)' ; ' McMaster, Sean (OST)' ; 'JUthrneier@doc .gov' ; ' Loraine, Jennife r A.' ; 'chaprnan.kristin .a@dol.gov' ; 'rncguire .katherine .b@dol .gov' ; 'Green, Heidi - OSEC,Washington, DC' ; 'Young, Joby - OSEC,Washington, DC' ; 'Burthey, Grover (OST)' Subject: Update: Dern quest ions--fo r Chao and Perry/Perdue Importance: High All - We were tipped off on Dern questions this morning - these are critical but we can knock these out of park. There is special focus on rural formula. Thanks Alex 1 Klobuchar- 2nd Dem up in Q&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews -the vast majority of projects qualify for categorical exclusions or environmenta l assessments. FHWA officials say "categorical exclusions still constitute the vast majority of NEPA reviews for highway projects ." What types of projects are we talking about then that aren't addressed by existing exempt ions and simplification? o While it is true that majority of actions are small in nature, such as road resurfacing, constructing bike paths, bridge rehabilitation and safety improvements are routinely excluded actions from major environmental reviews ----these are not the kind of multi million dollar infrastructure projects that are needed to rebuild the physical backbone of the country . o It is political, not practical, to cite the numerous routine procedural exclusions of environmental reviews in an effort to distract from the very real issue of the unnecessarily long time -frames for major projects to complete exhaustive Environmental Impact Statements . 2. Schatz- 3rrlDem upQuestion for Chao and Perry. Many see this proposa l as a ruse to gut environmental rules. The proposa l are not to streamline process but rather act as a compromise to the environment and public health . Can you guarantee this proposal wi ll not dirty our water or harm ou r communities? CEQ-18-0173-E-000216 AMERICAN PVERSIGHT 2 CEQ050FY 18091 _000002241 o The President's Legislative Principles lay out process refom1s 10 fix the problems I have seen first-hand. This is a practica l exercise to examine the "black box" that is federal penn itting, not a political one. 111cPresident has been clear that environmental prote ctions ar e important and should rema in in place. Our proposed changes a re pro ce dural and not substa ntive . o The NEPA and pcnnitting process has become a process tl1at forces Governors, Mayors and County Officials to navigate an extremely complex bureaucratic maze, needlessly wasting millions of taxpayer dollars. The ideas in the Legislative Principles were not created in a vacuum at the White House, but rather have emerged from many listening sessions with local elected officials , environmental proponents and builders on the front lines. 3. Nelsono Question for Secretary Chao. The last coup le of highways bills have made a lot of strides towards expedit ing project delivery, however, this proposa l would add more streamlining. Should agencies not be more focused on imp lementing those provisions before adding more? o I waJJL10 commend U1emembers of this Comrnillee for !he NEPA streamlining provisions in MAP-21 of2012 and the FAST ACT of 2015: however, ll1ereslill remain many statutory impedime111sto reducing project delivery times 10 the President' s vison of an average of 2 years. As many on the Committee already know, all but two of the provisions in those bills are being implemented by Depanmem ofTransponaiion ; however they only address tJ1eNEPA process for transponation projects and do not address the dozens of pennits 1ha1 are required once a project receives a Record of Decision (ROD). o Ruralprogram o Neutral Question for Secretary Chao or Perdue. Can you elaborate on how the formula wou ld wo rk? We would look to Congress to determine the appropriate formula . The Adminis t ration ' s legis lative outline did not include a specific formula but rather, suggested that the rural formu la cou ld be determined by Congress and calculated based on rural lane miles and rural population . The legislative outline a lso suggested that the formula be adjusted to provide statutory minimum and maximums so that no state gets the majo rity of the fund ing and every state benefits . o Dem Question for Secretaries Chao or Perdue. The formula p roposes to include some facto r on the lane m iles. How is lane miles a dete rminant when consi d ering a ll fo rms of infrastructure? We would look to Congress to determine the approp riate formula . Rural lane miles have historically been used as an effective factor on the transportation side, and it's one of many factors Congress could use to determine a formula for the Rural Prog ram . AMERICAN PVERSIGHT CEQ-18-0173-E-000217 3 CEQ050FY 18091 _000002241 Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000218 AM RCAN pVERSIGHT 4 CEQ050FY18091_000002241 RE: Update:Dem questions--for Chaoand Perry/Perdue From: "Swager, Curtis (Gardner)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed , 14 Mar 2018 12:00:13 -0400 Asking him now. From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Wednesday, March 14, 2018 11:57 AM To: Swager, Curtis (Gardner) Subject: Fwd: Update : Dem questions--for Chao and Perry/Perdue Sent from my iPhone Begin forwarded message: From: "Herrgott, Alex H. EOP/CEQ" Date: March 14, 2018 at 11:51:55 AM EDT To: "curtis swagger@gardner.senate.gov " Subject:Fwd: Update: Dem questions--for Chaoand Perry/Perdue Curtis In response to Peters smoke and mir rors comment and wanting to bring more money back to DC. That there is an 80/20 flop . You think if Gardner was going to Hearing he could say. "We need to remember that All federal dollars start out as state and local dollars . Empowering state and locals for t he roads and bridges they own is the hal lmark of the plan - we don't need to bring new dollars back to de just so we can give them to states with new federal str ings". "Keep in mindadministration supports long term solvency of HTF which is the bread butter-the presidents plan is above all traditional funding" . Alex CEQ-18-0173-E-000219 AMERICAN pVERSIGHT 1 C EQ050 FY 18091 _ 000002242 From: Herrgott, Alex H. EOP/CEQ Sent : Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek (OST)' ; 'Burr, Geoff (OST)' ; ' McMaster, Sean (OST)' ; 'JUthrneier@doc .gov' ; ' Loraine, Jennife r A.' ; 'chaprnan.kristin .a@dol.gov' ; 'rncguire .katherine .b@dol .gov' ; 'Green, Heidi - OSEC,Washington, DC' ; 'Young, Joby - OSEC,Washington, DC' ; 'Burthey, Grover (OST)' Subject: Update: Dern quest ions--fo r Chao and Perry/Perdue Importance: High All - We were tipped off on Dern questions this morning - these are critical but we can knock these out of park. There is special focus on rural formula. Thanks Alex 1 Klobuchar- 2nd Dem up in Q&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews -the vast majority of projects qualify for categorical exclusions or environmenta l assessments. FHWA officials say "categorical exclusions still constitute the vast majority of NEPA reviews for highway projects ." What types of projects are we talking about then that aren't addressed by existing exempt ions and simplification? o While it is true that majority of actions are small in nature, such as road resurfacing, constructing bike paths, bridge rehabilitation and safety improvements are routinely excluded actions from major environmental reviews ----these are not the kind of multi million dollar infrastructure projects that are needed to rebuild the physical backbone of the country . o It is political, not practical, to cite the numerous routine procedural exclusions of environmental reviews in an effort to distract from the very real issue of the unnecessarily long time -frames for major projects to complete exhaustive Environmental Impact Statements . 2. Schatz- 3rrlDem upQuestion for Chao and Perry. Many see this proposa l as a ruse to gut environmental rules. The proposa l are not to streamline process but rather act as a compromise to the environment and public health . Can you guarantee this proposal wi ll not dirty our water or harm ou r communities? CEQ-18-0173-E-000220 AMERICAN PVERSIGHT 2 CEQ050FY 18091 _000002242 o The President's Legislative Principles lay out process refom1s 10 fix the problems I have seen first-hand. This is a practica l exercise to examine the "black box" that is federal penn itting, not a political one. 111cPresident has been clear that environmental prote ctions ar e important and should rema in in place. Our proposed changes a re pro ce dural and not substa ntive . o The NEPA and pcnnitting process has become a process tl1at forces Governors, Mayors and County Officials to navigate an extremely complex bureaucratic maze, needlessly wasting millions of taxpayer dollars. The ideas in the Legislative Principles were not created in a vacuum at the White House, but rather have emerged from many listening sessions with local elected officials , environmental proponents and builders on the front lines. 3. Nelsono Question for Secretary Chao. The last coup le of highways bills have made a lot of strides towards expedit ing project delivery, however, this proposa l would add more streamlining. Should agencies not be more focused on imp lementing those provisions before adding more? o I waJJL10 commend U1emembers of this Comrnillee for !he NEPA streamlining provisions in MAP-21 of2012 and the FAST ACT of 2015: however, ll1ereslill remain many statutory impedime111sto reducing project delivery times 10 the President' s vison of an average of 2 years. As many on the Committee already know, all but two of the provisions in those bills are being implemented by Depanmem ofTransponaiion ; however they only address tJ1eNEPA process for transponation projects and do not address the dozens of pennits 1ha1 are required once a project receives a Record of Decision (ROD). o Ruralprogram o Neutral Question for Secretary Chao or Perdue. Can you elaborate on how the formula wou ld wo rk? We would look to Congress to determine the appropriate formula . The Adminis t ration ' s legis lative outline did not include a specific formula but rather, suggested that the rural formu la cou ld be determined by Congress and calculated based on rural lane miles and rural population . The legislative outline a lso suggested that the formula be adjusted to provide statutory minimum and maximums so that no state gets the majo rity of the fund ing and every state benefits . o Dem Question for Secretaries Chao or Perdue. The formula p roposes to include some facto r on the lane m iles. How is lane miles a dete rminant when consi d ering a ll fo rms of infrastructure? We would look to Congress to determine the approp riate formula . Rural lane miles have historically been used as an effective factor on the transportation side, and it's one of many factors Congress could use to determine a formula for the Rural Prog ram . AMERICAN PVERSIGHT CEQ-18-0173-E-000221 3 CEQ050FY 18091 _000002242 Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000222 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000002242 RE: Update:Dem questions--for Chaoand Perry/Perdue From "Holland, Luke (lnhofe)" "Herrgott , Alex H. EOP/CEQ" To: "Wright, Jennie (lnhofe)" , "Forbes , Andrew (lnhofe)" Cc: "Hillenbrand , Dan (lnhofe)" Date: Wed, 14 Mar 2018 09:24:13 -0400 Dan - we shou ld use the big chart in relation to our quest ion to Perry about t he approva l process for pipelines. Will you tee that up and see if the boss wants to do it when it is the appropriate time to do so? From:Herrgott, Alex H. EOP/CEQ[mailto Sent: Wednesday, March 14, 2018 9:11 AM To: Holland, Luke (lnhofe) ; Wright, Jennie (lnhofe) ; Forbes, Andrew (lnhofe) Subject: FW: Update: Dem questions --for Chao and Perry/Perdue Importance:High FYI guys-any inte rest in asking for the big chart for lnhofe to use as prop. You can ask Adrian for it. It will look great beh ind him . From:Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek (OST}' ; 'Burr, Geoff (OST)' ; 'McMaster, Sean {OST)' ; 'JUthme ier@doc.gov ' ; 'Loraine, Jennifer A.' ; 'chapman.kristin.a@dol.gov' ; 'mcguire.katherine.b@dol.gov' ; 'Green, Heidi - OSEC,Washington, DC' ; 'Young, Joby- OSEC,Washington, DC' ; 'Burthey, Grover (OST)' Subject: Update: Dem questions--for Chao and Perry/Perdue Importance:High All- We were tipped off on Dem questions this morning- these are critical but we can knock these out of park. There is special focus on rural formula. Thanks Alex CEQ-18-0173-E-000223 AMERICAN pVERSIGHT 1 CEQ050FY18091_000002244 1 Klobuchar- 2? d Dem up in Q&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews -the vast majority of projects qualify for categorical exclusions or environmental assessments. FHW A officials say "categorica l exclusions still constitute the vast majority of NEPA reviews for highway projects. " What types of projects are we talking about then that aren ' t addressed by existing exemptions and simp lification? o While it is true that majority of actions are small in nature , such as road resurfacing , constructing bike paths , bridge rehabilitation and safety improvements are routinely excluded actions from major environmental reviews----these are not the kind of multimillion dollar infrastructure projects that are needed to rebuild the physical backbone of the country . o It is political , not practical , to cite the numerous routine procedural exclusions of environmenta l reviews in an effort to distract from the very real issue of the unnecessarily long time-frames for major projects to complete exhaustive Environmental Impact Statements. 2. Sch atz- 3rd Dem upQuestion for Chao and Peny. Many see this proposal as a ruse to gut environmental rules. The proposal are not to stream line process but rather act as a compromise to the environment and pub lic health. Can you guarantee this proposal will not dirty our water or harm our communities? 3. o The President's Legislative Principles lay out process reforms to fix the problems I have seen first-hand . This is a practica l exercise to examine the " black box" that is federal permitting , not a political one . The President has been clear that environm ental protections are important and should remain in place. Our proposed changes are procedural and not substantive . o The NEPA and permitting process has become a process that forces Governors , Mayors and County Officials to navigate an extremely complex bureaucratic maze, needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House , but rather have emerged from many listening sessions with local elected officials , environmental proponents and builders on the front lines. Nelson- CEQ-18-0173-E-000224 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000002244 o Question for Secretary Chao. The last couple of highways bills have made a lot of strides towards exped iting project delivery, however , this proposal would add more streamlining. Should agencies not be more focused on impleme nting those provisio ns before adding more? o I want to commend the members of this Committee for the NEPA streamlining provisions in MAP-21 of2012 and the FAST ACT of2015 ; however , there still rema in many statutory impediments to reducing project delivery times to the President's vison of au average of2 years. As many on the Committee already know , all but two of the provisions in those bills are being implemented by Department of Transportation ; however they only address the NEPA process for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD) . o Rural program o Neutral Question for Secretary Chao or Perdue . Can you elaborate on how the formula would work? We would look to Congress to determine the appropriate formula . The Administration 's legislative outline did not include a specific fonnula but rather , suggested that the rural formula could be determined by Congress and calculated based on rnral lane miles and rural population . The legislative outline also suggested d1at the formula be adjusted to provide statutory minimum and maximums so that no state gets the majority of the funding and every state benefits. o Dem Question for Secretaries Chao or Perdue. The formula proposes to include some factor on the lane miles. How is lane miles a dete nninant whe n considering all forms of infrastructure? We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side, and it's one of many factors Congress could use to determine a formula for the Rural Program . Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Qua lity CEQ-18-0173-E-000225 AM RCAN pVERSIGHT 3 CEQ050FY 18091_ 000002244 Re: Update:Dem questions--for Chaoand Perry/Perdue From To: "Wright, Jennie (lnhofe)" "Herrgott, Alex H. EOP/CEQ" "Holland, Luke (lnhofe)" , "Forbes, Andrew (lnhofe)" Cc: , "Hillenbrand , Dan (lnhofe)" Wed, 14 Mar 2018 09:12:10-0400 Date : Looping in Dan. On Mar 14, 2018, at 9: 11 AM, Herrgott, Alex H. EOP/CEQ wrote: FYIguys- any interest in asking for the big chart for lnhofe to use as prop . You can ask Adrian for it . It will look great behind him . From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek (OST)' ; 'Burr, Geoff (OST)' ; 'McMaste r, Sean (OST)' ; 'JUthmeier@doc .gov ' ; 'Loraine, Jennifer A.' ; 'chapman.kristin.a@dol.gov ' ; 'mcguire.katherine.b@dol.gov ' ; 'Green, Heidi - OSEC,Washington, DC' ; 'Young, Joby - OSEC, Washington, DC' ; 'Burthey, Grover (OST)' Subject: Update : Dem questions--for Chao and Perry/Perdue Import ance: High All- We were tipped off on Dem questions this morning - these are critical but we can knock these out of park. There is special focus on rnral formula. Thanks Alex 1 Klobuchar-2? d Dem up in O&AGAO notes that it previously reported that 99 percent of highway proj ects are not being held up by complex NEPA reviews - the vast majority of projects qualify for categorica l exclusions or environmenta l assessments. FHW A officials say CEQ-18-0173-E-000226 AMERICAN pVERSIGHT 1 CEQ050 FY18091_0000022 45 "categorical exclusions still constitute the vast majority of NEPA reviews for highway projects ." What types of projects are we talking about then tbat aren ' t addressed by existing exemptions and simplification? o While it is true that majority of actions are sma ll in nature, such as road resurfacing , constructing bike paths, bridge rehabi litation and safety improvements are routine ly excluded actions from major environmental reviews----tbese are not the kind of multimillion dollar infrastructure projects that are needed to rebui ld the physical backbone of tJ1ecountry . o It is political , not practical , to cite tbe numerous routine procedural exclusions of environmental reviews in an effort to distract from the very real issue of the unnecessari ly long time-frames for major projects to complete exhaustive Environmental Impact Statements . 2. Schatz- 3 rd Dem 111= Quesaon.for Chao and Peny. Many see this proposal as a nise to gut environmental rules. The proposa l are not to streamline process but rather act as a compromise to the environment and public health . Can you guarantee this proposal will not dirty our water or ham1 our communities? 3. o The President's Legislative Principles lay out process reforms to fix the problems l have seen first-hand . This is a practical exercise to examine the "black box" that is federa l permitting , not a political one. The President has been clear that envir onmental protections are important and should remain in place. Our proposed changes are procedural and not substantive. o The NEPA and permitting process has become a process that forces Governors , Mayors and County Officials to navigate an extremely complex bureaucratic maze, need less ly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House , but rather have emerged from many listening sessions with loca l elected officials , environmenta l proponents and builde rs on the front lines. Nelson- o Questionf or Secretary Chao. Tbe last couple of highways bills bave made a lot of strides towards expediting project delivery , however , this proposal would add more streamlining. Should agencies not be more focused on implementing those provis ions before adding more? o I want to commend the members of this Committee for the NEPA streamlining provisions in MAP-21 of2012 and the FAST ACT of 2015 ; however , there still CEQ-18-0173-E-000227 AMERICAN PVERSIGHT 2 CEQ050FY 18091_000002245 remain many statutory impediments to reducing project delivery times to the President's vison of an average of 2 years . As many on the Committee already know , all but two of the provisions in those bills are being implemented by Department of Transportation ; however they only address the NEPA process for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD) . o Rural program o Neutral Question for Secretary Chao or Perdue . Can you elaborate on how the formula would work? We would look to Congress to determine the appropriate formula . The Administration 's legislative outline did not include a specific formula but rather , suggested that the rural formula could be determined by Congress and calculated based on rural lane miles and rural population . The legislative outline also suggested that the formula be adjusted to provide statutory minimumand maximumsso that no state gets the majorityof the fundingand every state benefits . o Dem Question for Secretaries Chao or Perdue. The formula proposes to include some factor on the lane miles. How is lane miles a determinant when considering all forms of infrastructure? We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side , and it' s one of many factors Congress could use to determine a formula for the Rural Program . Alexander Herrgott Associate Director fo r Infrast ructure Council on Enviro nmenta l Quality CEQ-18-0173-E-000228 AM RCAN pVERSIGHT 3 CEQ050FY18091 _ 000002245 Re: Update:Dem questions--for Chaoand Perry/Perdue From: To: "Tomlinson, Adam (Capito )" Date: Wed , 14 Mar 2018 12:49:51 -0400 I appreciate you. Sent from my iPhone On Mar 14, 2018, at 12:46 PM , Tomlinson, A dam (Capito) wrote: She tried to respond to the Ds argument by pointing out our state's willingness to step forward with more of our own resources. But we had to spend the bulk of her time with Sec. Perry on the NGL hub. Op-ed should come soon . When you get a chance, please let me know how things are looking on the request for a visit from Sec. Chao. From: Herrgott, Alex H. EOP/CEQ[mailto: Sent: Wednesday, March 14, 2018 11:25 AM To: Tom linson, Adam {Capito) Subject:Fwd: Update: Dem questions--for Chao and Perry/Perdue Any chance senator Capito cou ld say something to this effect? Peters said our plan is smoke and m irro rs. Can inhofe say. "We need to remember that All federal dollars start out as state and local dollars. Empowering state and locals for the roads and bridges they own is the hallmark of the plan-we don ' t need to bring new do llars back to de just so we can give them to states with new federal strings". "Keep in mind-administration supports long term solvency of HTF which is the bread butter-the presidents plan is above all traditional funding' ' . Sent from my iPhone On Mar 14, 2018, at 9:24 AM, Holland, Luke (lnhofe) wrote: Dan - we should use the big chart in relation to our question to Perry about the approva l process for pipelines . Will you tee that up and see if the boss wants to do it when it is the appropriate time to do so? CEQ-18-0173-E-000229 AMERICAN pVERSIGHT 1 CEQ050FY 18091_ 000002964 From: Herrgott, Alex H. EOP/CEQ mailto Sent: Wednesday, March 14, 2018 9:11 AM To: Holland, Luke {lnhofe) ; Wright, Jennie (lnhofe) ; Forbes, Andrew {lnhofe) Subject: FW: Update: Dem questions--for Chao and Perry/Perdue Importance: High FYI guys-any interest in asking for the big chart for lnhofe to use as prop. it . It wi ll look great behind him . You can ask Adrian for From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 14, 2018 9:09 AM To: 'Kan, Derek {OST)' ; 'Burr, Geoff {OST)' ; 'McMaster, Sean {OST)' ; 'JUthmeier@doc.gov ' ; 'Loraine, Jennifer A.'< Jennifer .Loraine@hq .doe .gov>; 'chapman .kristin.a@dol.gov ' ; 'mcguire .katherine.b@do l.gov ' ; 'Green, Heidi - OSEC,Washington , DC' ; 'Young, Joby - OSEC,Washington, DC' ; 'Burthey, Grover {OST)' Subject: Update: Dem questions--for Chao and Perry/Perdue Importance: High All- We were tipped off on Dem questions this morning- these are critica l but we can knock these out of park. There is special focus on rural formula. Thanks Alex 1 Klobuchar- 2nd Dem up in O&AGAO notes that it previously reported that 99 percent of highway projects are not being held up by complex NEPA reviews - the vast major ity of projects qualify for categorical exclusions or environmenta l assessments. FH\VA officials say "categorical exclusions sti Il constitute the vast majority of NEPA reviews for highway projects." What types of projects are we talking about then that aren't addressed by existing exemptions and simplification? o While it is true that majority of actions are small in nanrre, such as road resurfacing , constructing bike paths, bridge rehabilitation and safety improvements are routine ly excluded actions from major environmenta l reviews----these are not the kind of multi-million dollar infrastructure projects that are needed to rebuild the physical backbone of the country . CEQ-18-0173-E-000230 AMERICAN pVERSIGHT 2 CEQ050FY 18091_ 000002964 o It is political , not practical , to cite the numerous routine procedural exclusions of environmental reviews in an effort to distract from the very real issue of the unnecessarily long time-frames for major projects to complete exhaustive Environmental lmpact Statements. 2. Schatz - 3rd Dem ue= Questionfor Chao and Perry. Many see thls proposal as a ruse to gut environmental rules . The proposal are not to streamline process but rather act as a compromise to the environment and public health. Can you guarautee this proposal will not dirty our water or harm our communities? o The President's Legislative Principles lay out process refom1s to fix the prob lems I have seen first-hand. This is a practical exercise to examine the "black box" that is federal permitting , not a political one . The President has been clear that environm ental protections are important and should remain in place. Our proposed changes are procedural and not substantive. o The NEPA and pennitting process has become a process that forces Governors , Mayors and County Officials to navigate an extremely comp lex bureaucratic maze , needlessly wasting millions of taxpayer dollars . The ideas in the Legislative Principles were not created in a vacuum at the White House , but rather have emerged from many listening sessions with local elected officials , euvironrnental proponents and builders on the front lines . Ne/sono Questionfor Secretary Chao. The last couple of highways bills have made a lot of 3. strides towards expediting project deli very, howe ver, this proposal wou ld add more streamlining . Should agencies not be more focused on implementing those provisions before adding more? o AMERICAN 1 want to commend the members of this Committee for the NEPA streamlining provisions in MAP-21 of2012 and the FAST ACT of2015 ; however , there still remain many statutory impediments to reducing project delivery times to the President's vison ofan average of2 years . As many on the Committee already know , all but two of the provisions in those bills are being implemented by Department of Transportation ; however they only address the NEPA process for transportation projects and do not address the dozens of permits that are required once a project receives a Record of Decision (ROD) . PVERSIGHT CEQ-18-0173-E-000231 3 CE Q0S0FY18091_000002964 o Rural program o Neutral Question for Secretary Chao or Perdue. Can you elaborate on how the formula would work? We would look to Congress to determine the appropriate formula . The Administration 's legislative outline did not include a specific formula but rather , suggested that the rural formula could be determined by Congress and calculated based on rural lane miles and mra l population . The legislative outline also suggested that the formula be adjusted to provide statutory minimum and maximums so that no state gets the majority of the funding and every state benefits . o Dem Question for Secretaries Chao or Perdue. The formula propos es to includ e some factor on the lane mi les. How is lane miles a determinant when considering all forms of infrastructure? We would look to Congress to determine the appropriate formula . Rural lane miles have historically been used as an effective factor on the transportation side , and it' s one of many factors Congress could use to determine a formula for the Rural Program . Alexander Herrgott Associate Dire ctor for Infrast ru cture Council on Environmenta l Quality CEQ-18-0173-E-000232 AM RCAN pVERSIGHT 4 CEQ050 FY 18091_ 000002964 Re: WorkforceProposals From To: "Cleary, David (Alexander)" "Herrgott, Alex H. EOP/CEQ" "McKee, Kara L. EOP/WHO" "York, Alicyn (Alexander)" , "Banducci, Andy (HELP Committee)" Cc: , "Proseus, Gregory (HELP Committee)" , "Seidman, Lindsey (HELP Committee)" Date: Sat, 17 Mar 2018 14:29:47 -0400 Thanks Alex. Alicyn York will be in touch to set up a time once we have some clarity on how next week will go with the omni. We look forward to sitting down with you and your team. Cleary From: "Herrgott, Alex H. EOP/CEQ" Date: Sunday, March 11, 2018 at 3:01 PM To: David Cleary Cc: "McKee, Kara L. EOP/\.VHO" Subject: Workforce Proposal s David, Thanks for chat Friday. Lets us know if we can come in and brief the team . https ://www .whitehouse.gov /wp-content /uploads /2018 /02/INFRASTRUCTURE-21 l .pdf pg 51 Thanks Alex CEQ-18-0173-E-000233 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000002229 Fwd:HouseSmallBusinesshearing From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange adm inistrative group (fydibohf23spdlt)/cn =recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he"> To: matt.sturges@mail.house .gov Date: Mon, 19 Mar 2018 10:28:04 -0400 Hey. Who is a contact over there I can reach out to? Thanks bud Sent frommy iPhone Begin forwar ded message: From: "Strom, Natalie M. EOP/WHO" Date: March I9, 2018 at l 0: I 1:05 AM EDT To: "Pataki, Tim A. EOP/WHO" Subject: House Small Business hearing I noticedthisinfrahearing in the HouseSmall BusinessCommittee thisweek.Havewe beeninvolvedat all? https://smallbusiness.house.gov/calendar/eventsingle.aspx?EventID=400719 NatalieM. Strom AssistantPressSecretary TheWhiteHouse @NStrom45 CEQ-18-0173-E-000234 AM RCAN pVERSIGHT 1 CEQ050FY18091_000000727 RE: WorkforceProposals From "McKee, Kara L. EOP/WHO" "York , A licyn (Alexander)" , "Herrgott, Alex H. To: Date: EOP/CEQ" Mon, 19 Mar 2018 17:40:53 -0400 Hi Alicyn, Any chance tomorrow afternoon at one of the following t imes would work? Noon, 2:30-4pm window, after 5pm? From:York, Alicyn (Alexander) [mailto:Alicyn_York@alexander .senate .gov] Sent: Monday, March 19, 2018 4:32 PM To: Herrgott , Alex H. EOP/CEQ Cc:McKee, Kara L. EOP/WHO Subject: RE:Workforce Proposals Hi Alex, Happy Monday! Happy to set up something with our team. Feel free to let me know some times that y'all are available, and I'll make something work. Thanks much! Alicyn From: Cleary, David (Alexander) Sent:Saturday, March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO York, Alicyn (Alexander) ; Banducci, Andy (HELP Committee) ; Proseus, Gregory (HELPCommittee) ; Seidman, Lindsey {HELP Committee) Subject: Re: Workforce Proposals Thanks Alex. Alicyn York will be in touch to set up a time once we have some clarity on how next w eek will go with the omni. CEQ-18-0173-E-000235 AMERICAN pVERSIGHT 1 C EQ050 FY 18091 _ 000002226 We look forward to sitting down with you and your team. Cleary o II I o I I o o I o... ,. o oo ' ,..' o . o I l o o o I I I David, Thanks for chat Friday . Lets us know if we can come in and brief the team. https://www.whitehouse.gov/wp-content/uploads/2018/02/INFRASTRUCTURE-2l l .pdf pg 51 Thanks Alex CEQ-18-0173-E-000236 AM RCAN pVERSIGHT 2 CEQ050FY 18091_ 000002226 RE: WorkforceProposals From: "York, Alicyn (Alexander)" To: "Herrgott, Alex H. EOP/CEQ" Cc: "McKee, Kara L. EOP/WHO" Date: Mon, 19 Mar 2018 16:31 :43 -0400 Hi Alex, Happy Monday! Happy to set up something with our team. Feel free to let me know some times that y'all are available, and I'll make something work. Thanks much! Alicyn From: Cleary, David (Alexander) Sent:Saturday, March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc:McKee, Kara L. EOP/WHO York, Alicyn (Alexander) ; Banducci, Andy (HELPCommittee) ; Proseus, Gregory (HELPCommittee) ; Seidman, Lindsey (HELPCommittee) Subject:Re: Workforce Proposals Thanks Alex. Alicyn York will be in touch to set up a time once we have some clarity on how next week will go with the omni. We look forward to sitting down with you and your team. Cleary !o I I I o o... o ,. ' ' oo o . o ooo I. Io o o l o David, CEQ-18-0173-E-000237 AMERICAN pVERSIGHT 1 CEQ050FY18091_000002227 Thanks for chat Friday. Lets us know if we can come in and brief the team. https ://www .whitehouse .gov/wp-content/ uploads /2018 /02/INFRASTRUCTURE -2 l l .pdf pg 51 Thanks Alex CEQ-18-0173-E-000238 AM RCAN pVERSIGHT 2 CEQ050FY18091_000002227 RE: WorkforceProposals From To: Date: "York , A licyn (Alexander)" "McKee, Kara L. EOP/WHO" "Herrgott, Alex H. EOP/CEQ" Tue, 20 Mar 20 18 09:56:11 -0400 Hi Kara, Unfortunately, today is too hectic w ith the Omni. What does Thursday look like for you all? Trying to hold off on scheduling anything tomorrow with the weather. So sorry for the inconvenience! Thanks much, Alicyn From: McKee, Kara L. EOP/WHO Sent: Monday, March 19, 2018 5:41 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Hi Alicyn, Any chance tomorrow afternoon at one of the following t imes would work? Noon, 2:30-4pm window, after Spm? From: York, Alicyn (Alexander) [mailto:Alicyn York@alexander .senate.gov j Sent: Monday, March 19, 2018 4:32 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO Subject: RE:Workforce Proposals Hi Alex, Happy Monday! Happy to set up something with our team. Feel free to let me know some times that y' all are available, and I'll make something work. Thanks much! Alicyn CEQ-18-0173-E-000239 AMERICAN pVERSIGHT 1 C EQ050 FY18091_000002225 From:Cleary, David (Alexander) Sent: Saturday , March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO York, Alicyn (Alexander) ; Banducci, Andy (HELP Committee) ; Proseus, Gregory (HELPCommittee) ; Seidman, Lindsey (HELPCommittee) Subject: Re: Workforce Proposals Thanks Alex. Alicyn York will be in touch to set up a time once we have some clarity on how next week will go with the omni. We look forward to sitting down with you and your team. Cleary Fro m: "Herrgott, Alex H. EOP /CEQ" Date: Sunday, March 11, 2018 at 3:01 PM To: David Cleary Cc: "McKee , Kara L. BOP/WHO" Subject: Wo rkforce Proposals David, Thanks for chat Friday. Lets us know ifwe can come in and brief the team. https ://www .whitehouse .gov/wp-content/uploads /2018 /02/INFRASTRUCTURE-2 l 1.pdf pg 51 Thanks Alex CEQ-18-0173-E-000240 AM RCAN pVERSIGHT 2 CEQ050 FY18091_000002225 RE: WorkforceProposals From To: Date: "York , Alicyn (Alexander)" "Herrgott, Alex H. EOP/CEQ" "McKee, Kara L. EOP/WHO" Fri, 23 Mar 2018 16:20:48 -0400 Will do! From: McKee, Kara L. EOP/WHO Sent: Friday, March 23, 2018 4 :20 PM To: York, Alicyn {Alexander) ; Herrgott , Alex H. EOP/CEQ Subject: RE:Workforce Proposals That window works for me - let me check with one other colleague but if possible to hold that block (let's say st arting at 10:30am) that wou ld be great . From:York, Alicyn {Alexander) [mailto:Alicyn York@alexander .senate.gov ] Sent: Friday, March 23, 2018 4 :18 PM To: McKee, Kara L. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Yes, that would be great . Would anything between 10:00am-11:30am work for you all? From: McKee, Kara L. EOP/WHO Sent: Friday, March 23, 2018 4:17 PM To: York, Alicyn {Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Alicyn, Could we do somethi ng maybe next Wednesday? Thanks and hope you had a good week. From:York, Alicyn {Alexander) [mailto:Alicyn York@alexander .senate .gov] Sent: Tuesday, Ma rch 20, 2018 9:56 AM To: McKee, Kara L. EOP/WHO Herrgott, Alex H. EOP/CEQ CEQ-18-0173-E-000241 AMERICAN pVERSIGHT 1 CEQ050FY18091_000001452 Subject: RE:Workforce Proposals Hi Kara, Unfortunately, today is too hect ic w ith the Omni. What does Thursday look like for you all? Trying to hold off on scheduling anything tomorrow with the weather . So sorry for the inconvenience! Thanks much, Alicyn From: McKee, Kara L. EOP/WHO Sent: Monday, March 19, 2018 5:41 PM To: York, Alicyn (Alexander) <~licY.ILY_ork@alexander.senate ,go_y>; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Hi Alicyn, Any chance tomorrow afternoon at one of the following t imes would work? Noon, 2:30-4pm window, after Spm? From: York, Alicyn (Alexander) [mailto:Alicyn York@alexander .senate.gov ) Sent: Monday, March 19, 2018 4:32 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO Subject: RE:Workforce Proposals Hi Alex, Happy Monday! Happy to set up something with our team . Feel free to let me know some times that y'all are availab le, and I'll make something work . Thanks much! Alicyn From: Cleary, David {Alexander) Sent: Saturday, March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO York, Alicyn (Alexander) ; Banducci, Andy (HELPCommittee) ; Proseus, Gregory (HELPCommittee) ; Seidman, Lindsey {HELPCommittee) Subject: Re: Workforce Proposals CEQ-18-0173-E-000242 AMERICAN pVERSIGHT 2 CEQ050 FY18091_000001452 Thanks Alex. Alicyn York will be in touch to set up a time once we have some clarity on how next week will go with the omni. We look forward to sitting down with you and your team. Cleary From: "Herrgo tt, Alex H. EOP/CEQ" Date: Sunday, March 11, 2018 at 3:01 PM To: Da vid Cleary David, Thanks for chat Friday. Lets us know if we can come in and brief the team. https: //www .whitehouse.gov /wp-content /uploads /2018 /02/INFRASTRUCTURE-2 l 1.pdf pg 51 Thanks Alex CEQ-18-0173-E-000243 AM RCAN pVERSIGHT 3 CEQ050FY18091_000001452 RE: WorkforceProposals From "McKee, Kara L. EOP/WHO" "York , A licyn (Alexander)" , "Herrgott, Alex H. To: Date: EOP/CEQ" Fri, 23 Mar 2018 16:19:46 -0400 That window works for me - let me check with one other colleague but if possible to hold that block {let's say starting at 10:30am) that wou ld be great . From:York, Alicyn (Alexander) [mai lto:Alicyn _York@alexander.senate.gov ] Sent : Friday, M arch 23, 2018 4 :18 PM To: McKee, Kara L. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: RE:Workforce Proposals Yes, that would be great . Would anything between 10:00am -11:30am work for you all? From: McKee, Kara L. EOP/WHO Sent : Friday, March 23, 2018 4:17 PM To: York, Alicyn (Alexander) ; Herrgott , Alex H. EOP/CEQ Subject: RE:Workforce Proposals Alicy n, Could we do something maybe next Wednesday? Thanks and hope you had a good week. From: York, Alicyn (Alexander) [mailto:Alicyn York@alexander .senate.gov ] Sent : Tuesday, Ma rch 20, 2018 9:56 AM To: McKee, Kara L. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE:Workforce Proposals Hi Kara, Unfortunately, today is too hectic with the Omn i. What does Thursday look like for you all? Trying to hold off on scheduling anything tomorrow with the weather . So sorry fo r the inconvenience! Thanks much, CEQ-18-0173-E-000244 AMERICAN pVERSIGHT 1 CEQ050 FY18091_000001 453 Alicyn From: McKee, Kara L. EOP/WHO Sent : Monday, March 19, 2018 5:41 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject : RE:Workforce Proposals Hi Alicyn, Any chance tomorrow afternoon at one of the following t imes would work? Noon, 2:30-4pm window, after Spm? From: York, Alicyn {Alexander) [mailto:Alicyn York@alexander.senate.gov ) Sent: Monday, March 19, 2018 4:32 PM To: Herrgott, Alex H. EOP/CEQ Cc:McKee, Kara L. EOP/WHO Subject: RE:Workforce Proposals Hi Alex, Happy Monday! Happy to set up something with our team. Feel free to let me know some times that y'all are available, and I' ll make something work. Thanks much! Alicyn From: Cleary, David (Alexander) Sent: Saturday, March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO York, Alicyn (Alexander) ; Banducci, Andy (HELPCommittee) ; Proseus, Gregory (HELPCommittee) ; Seidman, Lindsey (HELP Committee) Subject: Re: Workforce Proposals Thanks Alex. Alicyn York will be in touch to set up a time once we have some clarity on how next week will go with the omni. We look forward to sitting down with you and your team. Cleary CEQ-18-0173-E-000245 AMERICAN pVERSIGHT 2 CEQ050 FY18091_000001453 !o I I I o I o o I o. o o oo o o ooo . I I I ~ I ,c o - David, Thanks for chat Friday. Lets us know if we can come in and brief the team. https://www.whitehouse.gov/wp-content/uploads/20l8 /02/INFRASTRUCTURE -2ll .pdf pg 51 Thanks Alex CEQ-18-0173-E-000246 AM RCAN pVERSIGHT 3 CEQ050FY18091_000001453 RE: WorkforceProposals From "York , A licyn (Alexander)" "Herrgott, Alex H. EOP/CEQ" "McKee, Kara L. EOP/WHO" To: Date: Fri, 23 Mar201816 :18:21 -0400 Yes, that would be great. Would anyth ing between 10:00am -11:30am work for you all? From: McKee, Kara L. EOP/WHO Sent : Friday, March 23, 2018 4:17 PM To: York, Alicyn {Alexander) ; Herrgott, Alex H. EOP/CEQ Subject:RE:Workforce Proposals Alicyn, Could we do something maybe next Wednesday? Thanks and hope you had a good week. From:York, Alicyn (Alexander) (mailto :Alicyn York@alexander .senate .gov1 Sent : Tuesday, March 20, 2018 9:56 AM To: McKee, Kara L. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Hi Kara, Unfortunately, today is too hect ic w ith the Omn i. What does Thursday look like for you all? Trying to hold off on scheduling anything tomorrow with the weather . So sorry for the inconvenience! Thanks much, Alicyn From: McKee, Kara L. EOP/WHO Sent : Monday, March 19, 2018 5:41 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Hi Alicyn, CEQ-18-0173-E-000247 AMERICAN pVERSIGHT 1 CEQ050 FY 18091_ 000001 454 Any chance tomorrow afternoon at one of the fol lowing times would work? Noon, 2:30-4pm window , after Spm? From:York, Alicyn (Alexander) [mailto :Alicyn York@alexander .senate .gov] Sent: Monday, March 19, 2018 4:32 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO Subject: RE:Workforce Proposals Hi Alex, Happy Monday! Happy to set up someth ing with ou r team . Feel free to let me know some times that y'all are available, and I' ll make something work. Thanks much! Alicyn From:Cleary, David {Alexander) Sent: Saturday, Marc h 17, 2018 2:30 PM To: Herrgot t, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO York, Alicyn {Alexander) ; Banducci, Andy (HELPCommittee) ; Proseus, Gregory (HELPCommittee) ; Seidman, Lindsey {HELP Committee) Subject: Re: Workforce Proposals Thanks Alex. Alicyn York will be in touch to set up a time once we have some clarity on how next week will go with the omni. We look for ward to sitting down with you and your team . Cleary II oo o !o I. I o... o ,. ' ' oo . o . o I. o o I I I David, CEQ-18-0173-E-000248 AMERICAN pVERSIGHT 2 CEQ050 FY 18091_ 00000145 4 Thanks for chat Friday. Lets us know if we can come in and brief the team. https://www .whitehouse .gov/ wp-content /uploads /2018/02/INFRASTRUCTURE -211.pdf pg 51 Thanks Alex AM RCAN pVERSIGHT CEQ-18-0173-E-000249 3 CEQ050FY 18091_ 000001454 RE: WorkforceProposals From "McKee, Kara L. EOP/WHO" "York , A licyn (Alexander)" , "Herrgott, Alex H. To: Date: EOP/CEQ" Fri, 23 Mar 2018 16:17:03 -0400 Alicyn, Could we do something maybe next Wednesday? Thanks and hope you had a good week. From: York, Alicyn (Alexander) [mailto:Alicyn_York@alexander .senate .gov] Sent: Tuesday, March 20, 2018 9:56 AM To: McKee, Kara L. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Hi Kara, Unfortunately, today is too hectic with the Omni. What does Thursday look like for you all? Trying to hold off on scheduling anything tomorrow with the weat her. So sorry fo r the inconvenience! Thanks much, Alicyn From: McKee, Kara L. EOP/WHO Sent: Monday, March 19, 2018 5:41 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Hi Alicyn, Any chance tomorrow afternoon at one of the following times would work? Noon, 2:30-4pm window, after Spm? From: York, Alicyn (Alexander) [mailto :Alicyn York@alexander .senate.gov ] Sent: Monday, March 19, 2018 4:32 PM To: Herrgott , Alex H. EOP/CEQ CEQ-18-0173-E-000250 AMERICAN pVERSIGHT 1 C EQ050 FY 18091 _ 000001455 Cc: McKee, Kara L. EOP/WHO Subject: RE:Workforce Proposals Hi Alex, Happy Monday! Happy to set up someth ing with our team . Feel free to let me know some times that y'all are available, and I'll make something work. Thanks much! Alicyn From: Cleary, David (Alexander) Sent: Saturday, March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO ; Banducci, Andy (HELP Committee) ; Proseus, Gregory (HELP Committee) ; Seidman, Lindsey (HELP Committee) Subject: Re: Workforce Proposals Thanks Alex. Al icyn York wi ll be in touch to set up a t ime once we have some clarity on how next week will go with the omni. We look forward to sitting down with you and your team . Cleary From: "Herrgott , Al ex H . EOP/CEQ" Date: Sunday , March 11, 2018 at 3:01 PM To: David Cleary Cc: "McKe e, Kara L. EOP/WHO" Subject: Workforc e Proposal s David, Thanks for chat Friday. Lets us know if we can come in and brief the team. https ://WW'.v.whitehouse .gov/wp-content /uploads /2018 /02/INFRASTRUCTURE-211 .pdf pg 51 Thanks CEQ-18-0173-E-000251 AMERICAN pVERSIGHT 2 CEQ050 FY 18091_ 000001455 Alex 3 RE: WorkforceProposals From "McKee, Kara L. EOP/WHO" "York , A licyn (Alexander)" To: Date: , "Herrgott , Alex H. EOP/C EQ" Mon, 26 Mar 2018 16:47:40 -0400 Alicyn, Does it work t o start at 10am on Wednesday? Andy Koenig from OLA and Julie Radford (lvanka's COS) will be joining from the WH. And I believe Alex Herrgott as well. Please let us know which room to come to . Thanks! From: York, Alicyn (Alexander) [mailto :Alicyn_ York@alexander.senate .gov] Sent: Friday, March 23, 2018 4:21 PM To: McKee, Kara L. EOP/W HO Herrgott, Alex H. EOP/CEQ Subject: RE: Workforce Proposa ls Will do! From: McKee, Kara L. EOP/WHO Sent: Friday, March 23, 2018 4 :20 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE: Workforce Proposa ls That window works for me - let me check with one other colleague but if possible to hold that block (let's say starting at 10:30am) that would be great. From: York, Alicyn (Alexander) [mailto:Alicyn Sent: Friday, March 23, 2018 4 :18 PM To: McKee, Kara L. EOP/W HO York@alexander .senate.gov j Herrgott , Alex H. EOP/CEQ Subject: RE: Workforce Proposa ls Yes, that would be great . Would anything between 10:00am-11:30am work for you all? CEQ-18-0173-E-000253 AMERICAN pVERSIGHT 1 CEQ050 FY 18091_ 000001 450 From: McKee, Kara L. EOP/WHO Sent : Friday, M arch 23, 2018 4:17 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Alicyn , Could we do something maybe next Wednesday? Thanks and hope you had a good week . From:York, Alicyn {Alexander) [mailto:Alicyn York@a lexander .senate .gov j Sent : Tuesday, March 20, 2018 9:56 AM To: McKee, Kara L. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject : RE:Workforce Proposals Hi Kara, Unfortunately, today is too hect ic w ith the Omni. What does Thursday look like for you all? Trying to hold off on schedul ing anything tomorrow with the weather . So sorry for the inconvenience! Thanks much , Alicyn From: McKee, Kara L. EOP/WHO Sent: Monday, March 19, 2018 5:41 PM To: York, Alicyn (Alexander) ; Herrgott , Alex H. EOP/CEQ Subject: RE:Wor kforce Proposals Hi Alicyn, Any chance tomorrow afternoon at one of the following times wou ld work? Noon, 2:30 -4pm window , after Spm? From:York, Alicyn (Alexander) [mailto:Alicyn York@alexander .senate.gov j Sent : Monday, March 19, 2018 4:32 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO Subject : RE:Workforce Proposals Hi Alex, CEQ-18-0173-E-000254 AMERICAN pVERSIGHT 2 CEQ050 FY 18091_ 000001450 Happy Monday! Happy to set up something with our team. Feel free to let me know some times that y1all are available, and I'll make someth ing work. Thanks much! Alicyn From: Cleary, David (Alexander) Sent: Saturday, March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO York, Alicyn (Alexander) ; Banducci, Andy (HELPCommittee) ; Proseus, Gregory (HELP Committee) ; Seidman, Lindsey {HELP Committee) Subject: Re: Workforce Proposals Thanks Alex. Alicyn York w ill be in touch to set up a time once we have some clarity on how next week w ill go with the omni. We look forward to sitting down with you and your team . Cleary From: "Herrgott, Alex H. EOP /CEQ" Date: Sunday , Marc h 11, 2018 at 3:01 PM To: David Cleary Cc : "McKe e, Kara L. EOP/WHO" Subject: Workforce Proposals David, Thanks for chat Friday. Lets us know if we can come in and brief the team. https ://www .whitehouse .gov/wp-content/uploads/2018 /02/INFRASTRUCTURE-21 l .pdf pg 51 Thanks Alex AMERICAN pVERSIGHT CEQ-18-0173-E-000255 3 CEQ050 FY 18091_ 000001450 RE: WorkforceProposals From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he"> "McKee, Kara L. EOP/WHO" To: Date: "York, Alicyn (Alexander)" Tue, 27 Mar 2018 11:54:13 -0400 Great. I will be there . We just need the room number . Thanks a bunch Alicyn . Alex From: McKee, Kara L. EOP/WHO Sent: Monday, March 26, 2018 4:48 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Alicyn, Does it work to start at 10am on Wednesday? Andy Koenig from OLA and Julie Radford (lvanka's COS) will be joining from the WH. And I believe Alex Herrgott as well. Please let us know which room to come to. Thanks! From:York, Alicyn (Alexander) [mailto:Alicyn _York@alexander .senate.gov] Sent: Friday, March 23, 2018 4:21 PM To: McKee, Kara L. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Will do! From: McKee, Kara L. EOP/WHO Sent: Friday, March 23, 2018 4:20 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals CEQ-18-0173-E-000256 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000000768 That window works for me - let me check with one other colleague but if possible to hold that block (let's say starting at 10:30am) that wou ld be great . From: York, Alicyn {Alexander) [mailto:Alicyn York@alexander.senate .gov] Sent: Friday, March 23, 2018 4 :18 PM To: McKee, Kara L. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject : RE:Workforce Proposals Yes, that would be great . Would anyth ing between 10:00am-11:30am work for you al l? From: McKee, Kara L. EOP/WHO Se nt: Friday, March 23, 2018 4 :17 PM To: York, Alicyn {Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Alicyn , Could we do something maybe next Wednesday? Thanks and hope you had a good week . From:York, Alicyn {Alexander) [mailto:Alicyn York@alexander .senate .gov] Sent: Tuesday, March 20, 2018 9:56 AM To: McKee, Kara L. EOP/WH O Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Hi Kara, Unfortunately, today is too hectic w ith the Omn i. What does Thursday look like for you all? Trying to hold off on scheduling anything tomorrow with the weather . So sorry for the inconvenience! Thanks much , Alicyn From: McKee, Kara L. EOP/WHO Sent : Monday, March 19, 2018 5:41 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject : RE:Workforce Proposals Hi Alicyn, Any chance tomorrow afternoon at one of the fol lowing t imes would work? CEQ-18-0173-E-000257 AMERICAN pVERSIGHT 2 CEQ050 FY 18091_ 000000 768 Noon , 2:30-4pm window , after 5pm? From: York, Alicyn {Alexander) [mailto:Alicyn York@alexander.senate.gov ] Sent : Monday , March 19, 2018 4 :32 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO Subject : RE:Workforce Proposals Hi Alex, Happy Monday! Happy to set up something with our team . Feel free to let me know some times that y' all are available, and I' ll make something work. Thanks much! Alicyn From:Cleary, David (Alexander) Sent : Saturday, March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO York, Alicyn {Alexander) ; Banducci, Andy (HELPCommittee) ; Proseus, Gregory (HELP Comm ittee) ; Seidman, Lindsey {HELP Committee) Subject : Re: Workforce Proposals Than ks Alex. Alicyn York w ill be in touch to set up a t ime once we have some clarity on how next w eek w ill go w ith the om ni. We look forward to sitting down with you and your team . Cleary I o !o I o I I o o I . .o o "' o oo ' ' o . o I o o o I I I I David, Thanks for chat Friday . Lets us know if we can come in and brief the team . AMERICAN pVERSIGHT CEQ-18-0173-E-000258 3 CEQ050 FY 18091_ 000000 768 https ://www .whitehouse.go v/wp-content /uploads /2018 /02/INFRASTR UCTURE-2 l l .pdf pg 51 Thanks Alex CEQ-18-0173-E-000259 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000000768 RE: WorkforceProposals From To: Date: "McKee, Kara L. EOP/WHO" "Herrgott, Alex H. EOP/CEQ" "York , Alicyn (Alexander)" Tue , 27 Mar 20 18 11:57:04-0400 Alicyn sent to me separately - Dirksen 455. Thanks all! Andy Koenig fr om OLA and likely also Julie Radford from lvanka's office wi ll be joining. From: Herrgott, Alex H. EOP/CEQ Sent: Tuesday, March 27, 2018 11:54 AM To: McKee, Kara L. EOP/WHO York, Alicyn (Alexander) Subject: RE:Workforce Proposals Great . I will be there . We just need the room number . Thanks a bunch Alicyn. Alex From: McKee, Kara L. EOP/WHO Sent: Monday, March 26, 2018 4:48 PM To: York, Alicyn {Alexander) ; Herrgott , Alex H. EOP/CEQ Subject:RE:Workfo rce Proposals Alicy n, Does it work to start at 10am on Wednesday? Andy Koenig from OLA and Julie Radford {lvanka's COS) will be joi ning from the WH. And I believe Alex Herrgott as well. Please let us know which room to come to. Thanks! From:York, Ali cyn (Alexander) [mailto:Alicyn _York@alexander .senate .gov] Sent: Friday, March 23, 2018 4:21 PM To: McKee, Kara L. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject:RE:Workforce Proposals CEQ-18-0173-E-000260 AMERICAN pVERSIGHT 1 C EQ050 FY 18091_ 000001 447 Will do! From: McKee, Kara L. EOP/WHO Sent: Friday, March 23, 2018 4:20 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject:RE:Workforce Proposals That window works for me - let me check with one other colleague but if possible to hold that block (let 's say starting at 10:30am) that would be great. From:York, Alicyn (Alexander) [mailto:Alicyn York@alexander.senate .gov] Sent: Friday, March 23, 2018 4:18 PM To: McKee, Kara L. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE:Workforce Proposals Yes, that would be great. Would anything between 10:00am-11:30am work for you all? From: McKee, Kara L. EOP/WHO > Sent: Friday, March 23, 2018 4:17 PM To: York, Alicyn (Alexander) ; Herrgott , Alex H. EOP/CEQ Subject:RE:Workforce Proposals Alicyn, Could we do something maybe next Wednesday? Thanks and hope you had a good week . From: York, Alicyn {Alexander) [mailto:Alicyn York@alexander.senate.gov ) Sent: Tuesday, March 20, 2018 9:56 AM To: McKee, Kara L. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE:Workforce Proposals Hi Kara, Unfo rtunate ly, today is too hectic with the Omn i. What does Thursday look like for you all? Trying to hold off on scheduling anything tomorrow with the weather. So sorry for the inconvenience! Thanks much, Alicyn CEQ-18-0173-E-000261 AMERICAN pVERSIGHT 2 CEQ050 FY 18091_000001447 From: McKee, Kara L. EOP/WHO Sent : Monday, March 19, 2018 5:41 PM To: York, Alicyn (Alexander) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Workforce Proposals Hi Alicyn, Any chance tomorrow afternoon at one of the following t imes would work? Noon, 2:30-4pm window , after Spm? From:York, Alicyn (Alexander) [mailto:Alicyn York@alexander.senate.gov j Sent : Monday, March 19, 2018 4:32 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO Subject : RE:Workforce Proposals Hi Alex, Happy Monday! Happy to set up someth ing with our team. Feel free to let me know some t imes that y'all are available, and I'll make something work . Thanks much! Alicyn From: Cleary, David (Alexander) Sent: Saturday, March 17, 2018 2:30 PM To: Herrgott, Alex H. EOP/CEQ Cc: McKee, Kara L. EOP/WHO York, Alicyn (Alexander) ; Banducci, Andy (HELPCommittee) ; Proseus, Gregory (HELPCommittee) ; Seidman, Lindsey (HELPCommittee} Subject: Re: Workforce Proposals Thanks Alex. Alicyn York will be in touch to set up a t ime once we have some clarity on how next week will go with the omni. We loo k forward to sitting down with you and your team. Cleary AMERICAN pVERSIGHT CEQ-18-0173-E-000262 3 CEQ050 FY 18091_000001447 !o I I I o I o o I o. o o oo o o ooo . I I I ~ I ,c o - David, Thanks for chat Friday. Lets us know if we can come in and brief the team. https://www.whitehouse.gov/wp-content/uploads/20l8 /02/INFRASTRUCTURE -2ll .pdf pg 51 Thanks Alex CEQ-18-0173-E-000263 AM RCAN pVERSIGHT 4 CEQ050FY 18091_ 000001447 RE: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb68 1d14e44c8e9-he"> To: "Arnak is, Adrian (Commerce)" Date: Wed , 28 Mar 2018 17:02 :22 -0400 I did and he is lovely. From: Arnakis, Adrian (Commerce) [mailto:Adr ian_Arnakis@commerce .senate .gov ] Sent: Wednesday, March 28, 2018 5:02 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Did you connect w ith Frederick? From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 28, 2018 3:52 PM To: Arnakis, Adr ian (Commerce) ; Hill, Frederick (Commerce) Subject: Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Can you guys give me a call? Mucha thanks - Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000264 AM RCAN pVERSIGHT 1 C EQ050 FY 18091 _ 000000700 RE: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc administrative 18bb681d14e44c8e9-he"> To: "Hill , Frederick (Commerce)" Date: Wed , 28 Mar 2018 16:39:35 -0400 Just tried you back. From: Hill, Frederick (Commerce) [mailto:Frederick_Hill@commerce.senate.gov] Sent: Wednesday, March 28, 2018 4:38 PM To: Herrgott, Alex H. EOP/CEQ Cc: Arnakis , Adr ian (Commerce) Subject:Re: Presidents Infra Speech Tomorrow in Cincinnati @ 2pm Just tried you. On my cell Sent from my iPhone On Mar 28, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ wrote: Can you guys give me a call? Mucho thanks - Alexander Herrgott Associate Director for Infrastr ucture Council on Environmental Quality CEQ-18-0173-E-000265 AM RCAN pVERSIGHT 1 CEQ050FY18091_000000703 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc To: Date: 18bb68 1d14e44c8e9-he"> "Arnak is, Adrian (Commerce)" , "Hill, Frederick (Commerce)" Wed , 28 Mar 2018 15:51:37 -0400 Can you guys give me a call? Mucha thanks Alexander Herr gott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000266 AM RCAN pVERSIGHT 1 CEQ050 FY 18091 _ 000000717 PresidentsSpeechTomorrowin Cincinnati From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=excha nge adm inistrative group (fydibohf23spdlt)/cn =recipients/cn=45656107f8dc4dc 18bb68 1d14e44c8e9-he"> "Holland, Luke (lnhofe)" , To: andrew_forbes@inhofe .senate .gov , "Wright , Jennie (lnhofe)" Date: Wed , 28 Mar 2018 15:38:02 -0400 Can you guys give me a call. Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000267 AM RCAN pVERSIGHT 1 C EQ050 FY18091 _ 000000 7 19 PresidentsInfraSpeechTomorrowin Cincinnati@ 2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc To: mike_danylak@epw .senate.gov Date: Wed , 28 Mar 2018 16:02 :14 -0400 18bb68 1d14e44c8e9-he"> Hey Mike, can you give me a call Mucha thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000268 AM RCAN pVERSIGHT 1 C EQ050 FY18091_000000 753 PresidentsSpeechTomorrowin Cincinnati From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange adm inistrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb68 1d14e44c8e9-he"> To: mike_anderson@sullivan.senate .gov, erik_elam@sullivan.senate .gov Date: Wed , 28 Mar 2018 15:46 :34 -0400 Can you guys give me a call. Alexander Herrgott Associate Director for Infrast ructure Council on Environmenta l Quality CEQ-18-0173-E-000269 AM RCAN pVERSIGHT 1 C EQ050 FY18091 _ 000000 759 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Hill, Frederick (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed, 28 Mar2018 21:12:09-0400 Shouldbe set on a tweet from the chairman. Timing wise, right after the speech? Sent from my iPhone wrote: On Mar 28, 2018, at 4 :40 PM, Herrgott, A lex H. EOP/CEQ Just tried you back. From: Hill, Frederick {Commerce) [mailto :Frederick Hill@commerce.senate .gov] Sent: Wednesday, March 28, 2018 4:38 PM To: Herrgott, Alex H. EOP/CEQ Cc:Arnakis, Adrian {Commerce) Subject: Re: Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Just tried you. On my cell Sent from my iPhone On Mar 28, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ wrote: Can you guys give me a call ? Mucha thanks Alexander Herrgott Associate Director for Infrast ructure Council on Environmental Quality CEQ-18-0173-E-000270 AM RCAN pVERSIGHT 1 CEQ050FY18091_000001423 RE: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Arnakis, Adrian (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed , 28 Mar 2018 17:03 :35 -0400 Excellent. From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday , March 28, 2018 5:02 PM To: Arnakis , Adrian (Commerce) Subject: RE: Presidents Infra Speech Tomorrow in Cincinnati@ 2pm I did and he is lovely . From:Arnakis, Adrian (Commerce) (mailto:Adrian Arnakis@commerce.senate.gov ) Sent: Wednesda y, March 28, 2018 5:02 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Did you connect w ith Frederick? From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 28, 2018 3:52 PM To: Arnakis , Adrian (Commerce) ; Hill, Frederic k (Commerce) Subject: Presidents Infra Speech Tomorrow in Cincinna t i@ 2pm Can you guys give me a call? Mucha thanks Alexander Herr gott Associate Directo r for Infrast ructure Council on Environmenta l Quality CEQ-18-0173-E-000271 AM RCAN pVERSIGHT 1 C EQ050 FY18091 _ 000001 426 RE: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Arnakis, Adrian (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed , 28 Mar 2018 17:02:00 -0400 Did you connect with Frederick? From: Herrgott, Alex H. EOP/CEQ Sent : Wednesday, March 28, 2018 3:52 PM To: Arnakis, Adrian (Commerce} ; Hill, Frederick (Commerce} Subject : Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Can you guys give me a call? Muc ha thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000272 AM RCAN pVERSIGHT 1 C EQ050 FY18091_000001427 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Hill, Frederick (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Cc: "Arnakis , Adrian (Commerce)" Date: Wed , 28 Mar 2018 16:37 :41 -0400 Just tried you. On my cell_ Sent from my iPhone On Mar 28, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ wrote: Can you guys give me a call? Mucho thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-E-000273 AM RCAN pVERSIGHT 1 CEQ050FY18091_000001429 POTUS SpeechExcerpts "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Hill, Frederick (Commerce)" Date: Thu, 29 Mar 2018 10:34:43 -0400 Attachments Infrastructure Rollout Ohio Excerpts.DOCX (21.58 kB) Fred, Here are excerpts of POTUS' speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrast ructu re legislation is going to happen this year AND that work has already begun " . I would also recommend a "#WAHOO-let the games Begin" but your choice entirely. Thanks Alex CEQ-18-0173-E-000274 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000694 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect, defend and grow American jobs. We have eliminated a record number of job-killing regulations. We made HISTORYby massively reducing job-killing taxes. We are keeping our promises, and the results are in: 3 million new jobs since Election Day. Unemployment claims are at their lowest level in 45 years. African-American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowe st levels ever recorded. And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless frustration into a source of incredible pride. There is no better place to begin this campaign than right here in Ohio, at this state-of-the-art training site, where the awesome skills of the American worker are forged and refined. Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000275 1 CE Q050FY 18091 _ 000000695 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AMERICAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measure s. What matters , is that we get the job done. FIRST: We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federa l dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] CEQ-18-0173-E-000276 AMERICAN PVERSIGHT 2 CE Q050FY 18091 _ 000000695 cutting through mountains of red tape. We've secured more funding for highways, airports, railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that wi ll make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000277 3 CEQ050FY18091 _ 000000695 Re: POTUS SpeechExcerpts From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9- he"> To: "Van Doren, Terry (McConnell)" Date: Thu , 29 Mar 2018 17:35:56 -0400 Hey. If anyone asks. Push back with these words. Everyone is still full speed ahead. Alex "The plan I have outlined in Congress is built on four key principles. It can be passed in one bill or in a series of measures. What matters is that we get the job done." Sent from my iPhone On Mar 29, 2018, at 11:02 AM. Van Doren, Terry (McConnell) wrote: Thank you. Ter-ryVa.wVoret11 Policy Advisor Office of Majority Leader McCo nnell Washington, DC 20510 From: Herrgott, Alex H. EOP/CEQ > Sent: Thu rsday, March 29, 2018 10:37 AM To : Van Doren, Terry (McConnel l) Subject:POTUSSpeech Excerpts Terry, Here are excerpts of POTUS' speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDINGTIME" but your choice entirely. CEQ-18-0173-E-000278 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000000699 Thanks Alex 2 Re: Did you guysput anythingout? From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9- he"> To: "Van Doren, Terry (McConne ll)" Date: Thu, 29 Mar 20 18 16:27:59 -0400 Boom. Sent from my iPhone > On Mar 29, 2018, at 4:24 PM, Van Doren, Terry (McConnell) wrote: > > We did. And the President re-tweeted it. > > Leader McConnell @SenateMajLdr > lh > Rebuilding America's #infrastructure is a critical issue that @POTUS, his Administration, and Congress are continuing to work to achieve together. > > Terry Van Doren > Policy Advisor > Office ofMajor ity Leader McConnell > Washington,DC 20510 > > > > -----Original Message----> From: Herrgott, Alex H. EOP/CEQ > Sent: Thursday, March 29 , 2018 4:22 PM > To: Van Doren, Terry (McConnell) > Subject: Did you guys put anything out? > > Just curious > > Sent from my iPhone > CEQ-18-0173-E-000280 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000702 Re: PresidentsSpeechTomorrowin Cincinnati From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange adm inistrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9- he"> To: "Anderson , Mike (Sullivan)" Cc: "Elam, Erik (Sullivan)" Date: Thu , 29 Mar 2018 16:15:52 -0400 Boom Sent from my iPhone On Mar 29, 2018, at 3:59 PM, Anderson , Mike (Sullivan) wrote : FYI. Sullivan Press Release: >https ://www .sullivan.senate.gov /newsroom /press-releases /sullivan -statementon-presi dent-trumps -infrastructure -speech< Twitte r: > htt:ps://twitter.com/SenDanSullivan/status /979444321781977088 < Best, Mike Anderson Communications Director Senator Dan Sullivan {R-AK) 702 Hart Senate Office Building Office: {202) 224-6727 Cell: - From:Herrgott, Alex H. EOP/CEQ Sent: Wednesday, March 28, 2018 3:47 PM To: And erson, M ike (Sullivan) ; Elam, Erik (Sullivan) Subject: Presidents Speech Tomorro w in Cincinnati Can you guys give me a call. CEQ-18-0173-E-000281 AMERICAN pVERSIGHT 1 CEQ050FY18091_000000705 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-E-000282 AM RCAN pVERSIGHT 2 CEQ050FY18091_000000705 Today:POTUS SpeechExcerptsfor 2pm Speechin OH. "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9 -he"> To: ian.bennitt@mail.house.gov , "Barrett, Walke r" Date: Thu, 29 Mar 2018 11:33:41 -0400 Attachments Infrastruc ture - Ohio Speech Factsheet.pdf (147.84 kB); Infrastructure Rollout Ohio Excerpts.docx (21.58 kB) Gents, Would your bosses be willing to put out a tweet or statement showing strong optimism about getting something done this year , in addition to the Omni. Here are excerpts of POTUS' speech that are cleared for release. POTUS is likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entire ly. Thanks Alex CEQ-18-0173-E-000283 AM RCAN pVERSIGHT 1 CEQ050FY 18091 _ 000000714 CEQ 050 4 BUILDIN G UP AMERICAN INFRASTRUCTURE AND AMERICAN WORKERS "We will buildgleamingnew roads, bridges, highways, railwm;s, and waterways all across our land.And we will do it with American heart,and American hands,and American grit." - President DonaldJ.Trump REBUILDING AMERICAN INFRASTRUCTURE: President Don ald J.Trump is in Ohio to disc uss his proposal for rebuildin g infr astructure in America. o o o o Today, President Trump is spea king with Ohio workers about how his infrastructure proposal will help rebuild and modernize America's infrastruc ture and build a stronger American workforce for the future . The President's proposal includes $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investments across America. o $100 billion will be directed to an Incentives Program to generate additio nal investment from States, localities, and the private sector. o $50 billion wiU be devoted to rebuilding and modernizing rural infrastructure. o $20 billion will go to promoting bold, transformative infrastructure projects. o $20 billion will go to expanding infrastructure financing programs. o $10 billion will go to a capita l revo.lving fund to help reduce inefficient Federal property leas.ing that would be more cost-effective to puschase . President Trump's proposal will return infrastructure decision-making to States and localities, allowing them to invest in the specific needs of their communities . The proposal will get Washington out of the way of needed infrastructure improvements by eliminating regulatory barriers and streamlining permitting processes . o A "one agency, one decision" structure will be established for environmental reviews and the p rocess w ill be shortened to two years. o More flexibility will be given to projects that have minimal Federal fundin g but currently must seek Federal review and approval. INVESTING IN AMERICAN WORKERS: The President's propo sal will help better prepare American workers for the jobs of today and tomorrow. o o o Presiden t Trump ' s proposal for rebuilding infrastructure in America will help give more American workers access to education and workforce -development programs by: o Expandin g Pell Grant eligibility to high-quality short -term programs. o Better distributing Federal Work Study program funds to ensure mor e students gain relevant workplace experience. o Reforming the Carl D. Perkins Career and Technical Education (CTE) program so that more funds go to programs which meet local workforce needs. The President is appearing at a training site for International Union of Operating Engineers (IUOE) Local 18's apprent iceship and training program. o IUOE Local 18's training and apprenticesh ip program is one of the largest IUOE training progran1s in the country, serving over 15,000 members . o The program offers a range of opportunities for workers to deve lop and improve the skills they need to succeed in their fields. o Classes offered by the program provide worke rs with training in operating industry machinery, including bulldozers, forklifts, cranes, backhoes, and more. Skills-training and apprenticeshjp programs like IUOE Local 18's are critical resources that help prepare workers for high-demand, well-paying jobs. AMERICAN PVERSIGHT CEQ-18-0173-E-000285 1 CEQ050FY 1809 1_00 0000715 o o More than 90 percent of ail apprenticeship program participants gain employment after comp leting their programs according to data from the Department of Labor. Too many American workers have been unable to fill well-paying jobs due to insufficient access to skills-training programs. o There are currently 250,000job openings in the construction industry and 305,000 in transportation, warehousing, and utilities. o According to a 2014 study by Georgetown University, just under two-thirds of all jobs will require some form of training or education beyond high school by 2020. CONT INUIN G TO REBUlLD THE AMERICAN ECON OMY: President Trump's infrastructure proposal will build upon the success his Admini stration has already had in strengthening the Ameri can economy. o o President Trump's proposal to leverage $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investments will help further strengthen the American economy . o The Council of Economic Advisers (CEA) estimates that a 10-year $1.5 trillion infrastructure investment program couJd boost annual average gross domestic product (GDP) growth by between 0.1 and 0.2 percentage points. o CEA estimates that a $1.5 trillion in infrastructure investments would employ between 290,000 and 414,000 additional infrastructure workers on average over ten years. The economic benefits of President Trump's infrastructure proposa l will build upon the gains the economy has already seen under this Administration. o This week, United States GDP growth for the fourth quarter of 2017 was revised up from 2.5 percent to 2.9 percent, beating expectations. o Nearly 2.5 million jobs have been created since President Trump took office, including 245,000manufacturing jobs and 300,000 construction jobs. o The unemp loyment rate has remained at a 17-year low since October of last year. AMERICAN PVERSIGHT CEQ-18-0173-E-000286 2 CEQ050FY 18091_000000715 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect, defend and grow American jobs. We have eliminated a record number of job-killing regulations. We made HISTORYby massively reducing job-killing taxes. We are keeping our promises, and the results are in: 3 million new jobs since Election Day. Unemployment claims are at their lowest level in 45 years. African-American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowe st levels ever recorded. And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless frustration into a source of incredible pride. There is no better place to begin this campaign than right here in Ohio, at this state-of-the-art training site, where the awesome skills of the American worker are forged and refined. Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000287 1 CEQ050FY18091 _000000716 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AMERICAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measure s. What matters , is that we get the job done. FIRST: We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federa l dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] CEQ-18-0173-E-000288 AMERICAN PVERSIGHT 2 CEQ050FY18091 _0 00000716 cutting through mountains of red tape. We've secured more funding for highways, airports, railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that wi ll make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000289 3 CEQ050FY18091_000000716 Today:POTUS SpeechExcerptsfor 2pm Speechin OH. "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: erik_elam@sullivan .senate.gov Date: Thu, 29 Mar 2018 11:29:10 -0400 Attachments d 14e44c8e9 -he"> Infrastructure Rollout Ohio Excerpts.docx (21.58 kB) Erik, Would your boss be willing to put out a tweet or statement showing strong optim ism about getting something done this year , in addition to the Omni. Here are excerpts of POTUS' speech that are cleared for release. POTUS is likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entire ly. Thanks Alex CEQ-18-0173-E-000290 AM RCAN pVERSIGHT 1 CEQ050FY18091_000000723 CEQ-18-0173-E-000291 AMERICAN PVERSIGHT 2 CEQOSOFY 18091_ 000000723 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect, defend and grow American jobs. We have eliminated a record number of job-killing regulations. We made HISTORYby massively reducing job-killing taxes. We are keeping our promises, and the results are in: 3 million new jobs since Election Day. Unemployment claims are at their lowest level in 45 years. African-American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowe st levels ever recorded. And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless frustration into a source of incredible pride. There is no better place to begin this campaign than right here in Ohio, at this state-of-the-art training site, where the awesome skills of the American worker are forged and refined. Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000292 1 CEQ050FY18091 _00 0000724 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AMERICAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measure s. What matters , is that we get the job done. FIRST: We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federa l dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] CEQ-18-0173-E-000293 AMERICAN PVERSIGHT 2 CEQ050FY18091 _0 00000724 cutting through mountains of red tape. We've secured more funding for highways, airports, railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that wi ll make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000294 3 CEQ050FY18091 _ 000000724 Today:POTUS SpeechExcerptsfor 2pm Speechin OH. "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: Date: Attachments adam_tomlinson@capito.senate.gov , tyler_hernandez@capito .senate.gov, kelley_moore@capito.senate .gov Thu, 29 Mar 2018 11:13:54 -0400 Infrastructure Rollout Ohio Excerpts.docx (21.58 kB) Adam, Would Senator Capito be will ing to put out a tweet or statement showing strong optimism about getting something done this year, in addition to the Omni . Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that wor k has already begun". If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO- IT'S ROADBUILDINGTIME" but your choice entire ly. Thanks Alex CEQ-18-0173-E-000295 AM RCAN pVERSIGHT 1 CEQ050FY18091_000000729 E9 050 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect, defend and grow American jobs. We have eliminated a record number of job-killing regulations. We made HISTORYby massively reducing job-killing taxes. We are keeping our promises, and the results are in: 3 million new jobs since Election Day. Unemployment claims are at their lowest level in 45 years. African-American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowe st levels ever recorded. And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless frustration into a source of incredible pride. There is no better place to begin this campaign than right here in Ohio, at this state-of-the-art training site, where the awesome skills of the American worker are forged and refined. Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000297 1 CEQ050FY18091 _00 0000730 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AMERICAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measure s. What matters , is that we get the job done. FIRST: We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federa l dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] CEQ-18-0173-E-000298 AMERICAN PVERSIGHT 2 CEQ050FY18091 _0 00000730 cutting through mountains of red tape. We've secured more funding for highways, airports, railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that wi ll make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000299 3 CEQ050FY18091_000000730 FW: POTUS SpeechExcerpts "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9 -he"> To: adam_hechavarria@young.senate.gov , amy _g raham@young. senate . gov Date: Thu, 29 Mar 2018 10:41:59 -0400 Attachments Infrastructure Rollout Ohio Excerpts.DOCX (21.58 kB) Team Young, Here are excerpts of POTUS' speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructu re legislatio n is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entire ly. Thanks Alex CEQ-18-0173-E-000300 AM RCAN pVERSIGHT 1 CEQ050FY18091 _ 000000735 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect, defend and grow American jobs. We have eliminated a record number of job-killing regulations. We made HISTORYby massively reducing job-killing taxes. We are keeping our promises, and the results are in: 3 million new jobs since Election Day. Unemployment claims are at their lowest level in 45 years. African-American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowe st levels ever recorded. And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless frustration into a source of incredible pride. There is no better place to begin this campaign than right here in Ohio, at this state-of-the-art training site, where the awesome skills of the American worker are forged and refined. Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000301 1 CEQ050FY18091 _000000736 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AMERICAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measure s. What matters , is that we get the job done. FIRST: We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federa l dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] CEQ-18-0173-E-000302 AMERICAN PVERSIGHT 2 CEQ050FY18091 _0 00000736 cutting through mountains of red tape. We've secured more funding for highways, airports, railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that wi ll make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000303 3 CEQ050FY18091_000000736 POTUS SpeechExcerpts "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: ''Van Doren , Terry (McConnell)" Date: Thu, 29 Mar 2018 10:36:57 -0400 Attachments Infrastructure Rollout Ohio Excerpts.DOCX (21.58 kB) Terry, Here are excerpts of POTUS' speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructu re legislation is going to happen this year AND that work has already begun " . If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entire ly. Thanks Alex CEQ-18-0173-E-000304 AM RCAN pVERSIGHT 1 CEQ050FY 18091_000000741 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect, defend and grow American jobs. We have eliminated a record number of job-killing regulations. We made HISTORYby massively reducing job-killing taxes. We are keeping our promises, and the results are in: 3 million new jobs since Election Day. Unemployment claims are at their lowest level in 45 years. African-American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowe st levels ever recorded. And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless frustration into a source of incredible pride. There is no better place to begin this campaign than right here in Ohio, at this state-of-the-art training site, where the awesome skills of the American worker are forged and refined. Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000305 1 CEQ050FY18091 _000000742 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AMERICAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measure s. What matters , is that we get the job done. FIRST: We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federa l dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] CEQ-18-0173-E-000306 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000000742 cutting through mountains of red tape. We've secured more funding for highways, airports, railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that wi ll make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000307 3 CEQ050FY18091_000000742 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc administrative 18bb68 1d14e44c8e9-he"> To: "Hill , Frederick (Commerce)" Date: Thu , 29 Mar 2018 07 :16:40 -0400 Yah. Right after is perfect. There is good stuff oo White House twitter for to RT now as well (FYI. I'm novice in the twitter game so this came from Ditto :) ) Thanks for all your he lp. Sent from my iPhone On Mar 28 , 2018, at 9: 12 PM, Hill, Frederick (Commerce) wrote: Should be set on a tweet from the chairman. Timing wise, right after the speech? Sent from my iPhone On Mar 28 , 2018 , at 4:40 PM, Hengott, Alex H. EOP/CEQ wrote: Just tried you back. From: Hill, Frederick (Commerce) (mailto :Frederick Hill@commerce .senate .gov ) Sent : Wednesday, March 28, 2018 4:38 PM To : Herrgott, Alex H. EOP/CEQ Cc: Arnakis , Adrian (Commerce) Subject:Re: Presidents Infra Speech Tomorrow in Cincinnati @ 2pm Just tried you . On my cell Sent from my iPhone On Mar 28, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ wrote: Can you guys give me a call? Mucha thanks CEQ-18-0173-E-000308 AMERICAN pVERSIGHT 1 C EQ050 FY 18091_000000 74 7 Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality AM RCAN pVERSIGHT CEQ-18-0173-E-000309 2 CEQ050FY 18091_00000074 7 RE: Did youguysputanythingout? From: 'Van Doren, Terry (McConnell)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 29 Mar 2018 16:40:02 -0400 Did you see this in E&E? PresidentTrump conceded that the "biggest, boldest infrastructureplan" he pitched in rural Ohio may not make it through Congress until after the November elections..."We probably have to wair until after the election because the Democrats say, 'Don't give him anymore wins,'" Tnimp said, flanked by rows of union workers donning hard hats. Terry Van Doren Policy Advisor Office ofMajo1ityLeader McConnell llllll!lc 20510 -----Original Message----From: Van Doren, Terry (McConnell) Sent: Thursday, March 29 , 2018 4:29 PM To: 'Herrgott, Alex H. EOP/CEQ' Subject:RE: Did you guys put anythingout? Happy Easter my friend. Let's talk next week on what the latest is from your perspective and how I can be helpful. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington,DC 20510 -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, March 29, 2018 4 :28 PM To: Van Doren, Terry (McConnell) Subject:Re: Did you guys put anythingout? Boom. Sent from my iPhone > On Mar 29 , 2018, at 4:24 PM, Van Doren, Terry (McConnell) wrote: > > We did. And the President re-tweeted it. > > Leader McConnell @SenateMajLdr > lb > Rebuilding America's #infrastructure is a ciitical issue that @POTUS, bis Administration, and Congressare CEQ-18-0173-E-000310 AMERICAN pVERSIGHT 1 C EQ050 FY 18091 _ 00000140 4 continuingto work to achieve together. > > Terry Van Doren > Policy Advisor > Office of Majority Leader McConnell > Washington,DC 20510 ~ > > > -----OriginalMessage----> From: Herrgott, Alex H. EOP/CEQ > Sent: Thursday, March 29, 2018 4:22 PM > To: Van Doren, Terry (Mcconnell) > Subject: Did you guys put anything out? > > Just curious > Sent from my iPhone > CEQ-18-0173-E-000311 AM RCAN pVERSIGHT 2 CEQ050 FY 18091_ 000001404 RE: Did youguysputanythingout? From: 'Van Doren, Terry (McConnell)" To: "Herrgott, Alex H. EOP/C EQ" Date: Thu, 29 Mar 2018 16:29: 16 -0400 Happy Easter my friend. Let's talk next week on what the latest is from your perspectiveand how I can be helpful. Terry Van Doren Policy Advisor Office of Majority Lea der McConnell Washington, DC 20510 -----Original Message----From: Herrgotr,Alex H. EOP/CEQ Sent: Thursday, March 29, 2018 4:28 PM To: Van Doren, Terry (McCollllell) Subject:Re: Did you guys put anythingout? Boom. Sent from my iPhone > On Mar 29, 2018, at 4:24 PM, Van Doren, Terry (McConnell) wrote: > > We did. And the President re-tweetedit. > > Leader McConnell @SenateMajLdr > lb > Rebuilding America's#infrastructureis a critical issue that @POTUS,his Administration, and Congressare continuing to work to achieve together. > > Terry Van Doren > Policy Advisor > Office of Majority Leader McConnell > Washington, DC 20510 > > > > -----Original Message----> From: Herrgott,Alex H. EOP/CEQ > Sent Thursday, March 29, 2018 4:22 PM > To: Van Doren, Terry (McConnell) > Subject:Did you guys put anything out? > > Just curious > CEQ-18-0173-E-000312 AMERICAN pVERSIGHT 1 C EQ050 FY 18091 _ 000001 405 3* Sent from my iPhnuc :5 CEO-1 8-0173-E-00031 3 2 RE: PresidentsSpeechTomorrowin Cincinnati From: "Anderson , Mike (Sullivan)" To: "Herrgott, Alex H. EOP/CEQ" Cc: "Elam, Erik (Sullivan)" Date: Thu, 29 Mar 20 18 15:59:51 -0400 FYI. Sullivan Press Release : > https://www .suUivan.senate .gov/newsroom /press -reieases /sulli van-statement on-president-tmmps -infrastructure -speech< Twitter : >https:// twitter.com/SenDanSullivan/stalus /97944432178 I 977088< Best, Mike Anderson Communications Director Senator Dan Sullivan (R-AK) 702 Hart Senate Office Building Office: (202) 224-6727 Cell: From: Herrgott, Alex H. EOP/CEQ Sent: Wednesday , March 28, 2018 3:47 PM To: Anderson, Mike (Sullivan) ; Elam, Erik (Sullivan) Subject : Presidents Speech Tomorrow in Cincinnati Can you guys give me a call. Alexander Herrgott Associate Director for Infrastructure Council on Environmental Qualit y CEQ-18-0173-E-000314 AMERICAN pVERSIGHT 1 CEQ050 FY18 091_000001407 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Hill, Freder ick (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 29 Mar 2018 15:42:11 -0400 Looks like we' ll do an @SenateCommerce tweet reiterating our intention to move ahead. Sent from my iPhone On Mar 29, 2018, at 2:25 PM, Herrgott, Alex H. EOP/CEQ wrote: Thanks buddy. Sent from my iPhone On Mar 29, 2018 , at 2 :22 PM, Hill, Frederick (Commerce) wrote: Slight change of plans on our end. We're going to do a formal statement in a press release and will tweet from @SenateCommerce shortly after the speech. You should get the press release from my colleague Brianna when it goes out. Sent from my iPhone On Mar 29, 2018, at 7:16 AM, Herrgott, Alex H. EOP/CEQ wrote: Yah. Right after is perfect. There is good stuff on White House twitter for to RT now as well (FYI. I'm novice in the twitter game so this came from Ditto :) ) Thanks for all your help. Sent from my iPhone On Mar 28, 2018 , at 9: 12 PM, Hill , Frederick (Commerce) wrote: Should be set on a tweet from the chairman. Timing wise, right after the speech? Sent from my iPhone On Mar 28, 2018 , at 4:40 PM, Herrgott, Alex H. EOP/CEQ wrote: Just tried you back. CEQ-18-0173-E-000315 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000001409 - From : Hill, Frederick (Commerce) fmailto :Freder ick Hill@comme rce.senate .gov] Sent: Wednesday, March 28, 2018 4:38 PM To: Herrgott, Alex H. EOP/CEQ Cc:Arnakis, Adrian (Commerce) Subject: Re: Presidents Infra Speech Tomorrow in Cincinnati @ 2pm Just tried you. On my cell Sent from my iPhone On Mar 28, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ wrote: Can you guys give me a call? Mucho thanks - Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality CEQ-18-0173-E-000316 AM RCAN pVERSIGHT 2 CEQ050 FY 18091_ 000001409 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From: "Hill , Freder ick (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 29 Mar 2018 14:22: 10 -0400 Slight change of plans on our end. We're going to do a formal statement in a press release and will tv,eet from @SenateCommerceshortly after the speech. You should get the press release from my colleague Brianna when it goes out. Sent trom my iPhone On Mar 29, 2018 , at 7:16 AM , Herrgott, Alex H. EOP/CEQ wrote: Yah . Right after is perfect. There is good stuff 011White House twitter for to RT now as well (FYI. I'm novice in the twitter game so this came from Ditto :)) Thanks for all your help. Sent from my iPhone On Mar 28, 2018, at 9:12 PM, Hill, Frederick (Commerce) wrote: Should be set on a tweet from the chairman. Timing wise, right after the speech? Sent from my iPhone On Mar 28, 2018, at 4:40 PM, Herrgott, Alex H. EOP/CEQ wrote: Just tr ied you back. From: Hill, Frederick (Commerce) [mailto :Frederick Hill@commerce.senate.gov ] Sent: Wednesday, March 28, 2018 4:38 PM To: Herrgo tt, Alex H. EOP/CEQ Cc:Arnakis, Adrian {Comme rce) Subject: Re: Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Just tried you . On my cell CEQ-18-0173-E-000317 AMERICAN pVERSIGHT 1 CEQ050FY 18091 _ 000001412 Sent from my iPhone On Mar 28, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ wrote: Can you guys give me a call? Mucho thanks - Alexander Herrgott Associate Director for Infrast ructure Council on Environmental Qual ity CEQ-18-0173-E-000318 AM RCAN pVERSIGHT 2 CEQ050 FY 18091_ 000001412 RE: POTUS SpeechExcerpts From "Graham, Amy (Young)" "Herrgott, Alex H. EOP/CEQ" To: Date: "Hechavarria, Adam (Young)" Thu, 29 Mar 20 18 13:37:43 -0400 >https ://tw itter .com/Sen ToddYoung/ status/979411784 79167 4882 < El senator Todd YoungVerified account @SenToddYounq Looking forward to @POTUS' #infrastructure & #workforce development speech today . I'm pushing for Congress to pass a bipartisan infrastructure bill this year, and will continue wo rking closely with the administrat ion to advance an infrastructure package that benefits Hoosiers. From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, March 29, 2018 10:4 2 AM To: Hechavarria, Adam {Young) ; Graham, Amy {Young) Subject: FW: POTUS Speech Excerpts CEQ-18-0173-E-000319 AMERICAN pVERSIGHT 1 C EQ050 FY 18091 _ 000001413 Team Young, Here are excerpts of POTUS'speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done w ith the last two major infrastructure bil l MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDINGTIME" but your choice entirely. Thanks Alex CEQ-18-0173-E-000320 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000001413 RE: POTUS SpeechExcerpts From: 'Van Doren, Terry (McConnell)" To: "Herrgott , Alex H. EOP/CEQ" Date: Thu, 29 Mar 2018 11:02:09 -0400 Thank you. Terry Vat11Vore+'\/ Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, March 29, 2018 10:37 AM To: Van Doren, Terry (McConnell) Subject : POTUSSpeech Excerpts Terry, Here are excerpts of POTUS' speech that are cleared for release. POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on " We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun " . If the question of pay for arises-"the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct ". I would also recommend a "#WAHOO -I T'S ROAD BUILDING TIME" but your cho ice ent irely . Thanks Alex CEQ-18-0173-E-000321 AM RCAN pVERSIGHT 1 CEQ050FY18091_000001421 Re: PresidentsInfraSpeechTomorrowin Cincinnati@2pm From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9- he"> To: "Hill, Frederick (Commerce)" Date: Thu , 29 Mar 20 18 14:25:15 -0400 Thanks buddy. Sent from my iPhone On Mar 29, 2018, at 2:22 PM, Hill, Frederick (Commerce) wrote: Slight change of plans on our end. We're going to do a formal statement in a press release and will tweet from@SenateCommerce shortly after the speech. You should get the press release from my colleague Brianna when it goes out. Sent from my iPhone On Mar 29, 2018 , at 7:16 AM , Herrgott, Alex H. EOP/CEQ wrote: Yah. Right after is perfect. There is good stuff on White House twitter for to RT now as well (FYI. I'm novice in the twitter game so this came from Ditto :)) Thanks for all your help. Sent from my iPhone HiH @commerce senate .gox:> wrote: On Mar 28. 2018. at 9: 12 PM. Hill. Frederick (Commerce) Subject:Re: Presidents Infra Speech Tomorrow in Cincinnati@ 2pm Just tried you. On my cell Sent from my iPhone On Mar 28, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ wrote: Can you guys give me a call? Mucho thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-E-000324 AM RCAN pVERSIGHT 2 CEQ050 FY18091_000001981 Re: POTUS SpeechExcerpts "Herrgott, Alex H. EOP/C EQ" <"/o=exchange organization/ou=exchange From: administrative group (fydibohf23spdlt)/cn =recipients/cn =45656107f8dc4dc 18bb681 d 14e44c8e9-he"> To: "Graham , Amy (Young)" Cc: "Hechavarria , Adam (Young)" Date: Thu, 29 Mar 2018 13:42 : 11 -0400 Attachments image001 .jpg (2.97 kB) Awesome. Sent from my iPhone On Mar 29, 2018, at 1:37 PM, Graham, Amy (Young) wrote: >http s:/ /tw itter .com / Sen ToddYou ng/ status/979411784 79167 4882 < ~ ffii9 e001.jpq>Senator Todd YoungVerified account @SenToddYoung Looking forward to @POTUS' #infrastructure & #workforce development speech today. I'm pushing for Congressto passa bipartisan infrastructurebill this year, and will continue working CEQ-18-0173-E-000325 AMERICAN pVERSIGHT 1 CEQ050 FY 18091 _ 00000198 4 closely with the administration to advance an infrastructure package that benefits Hoosiers. From: Herrgott, Alex H. EOP/CEQ Sent: Thu rsday, March 29, 2018 10:42 AM To: Hechavarr ia, Adam {Young) ; Graham, Amy {Young) Subject: FW: POTUSSpeech Excerpts Team Young, Here are excerpts of POTUS' speech that are cleared for release . POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership , working in lock step w ith Congress, further bipartisan infrastructu re legislation is going to happen this year AND that work has already begun". If the question of pay for ar ises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructu re bi ll MAP-21 and FASTAct" . I wou ld also recommend a "#WAHOO -I T' S ROAD BUILDINGTIME" but your choice entirely. Thanks Alex CEQ-18-0173-E-000326 AM RCAN pVERSIGHT 2 CEQ050 FY 18091_ 00000198 4 1 Today:POTUS SpeechExcerptsfor 2pm Speechin OH. Cc: scarle t_doyle@hel ler.senate .gov Date: Thu , 29 Mar 2018 11: 18:27 -0400 Attachments: Infrastructure Rollout Ohio Excerpts.docx (21.58 kB) Adam, Would Senator Capito be willing to put out a tweet or statement showing strong opt imism about getting something done this year, in addition to the Omn i. Here are excerpts of POTUS' speech that are cleared for release . POTUSis likely to make more edits to the speech, but this is good enough for you to use as you please. The key is to hit on "We expect with the President's leadership, working in lock step with Congress, further bipartisan infrastructure legislation is going to happen this year AND that work has already begun". If the question of pay for arises- "the key is to get the policy right and then find the resources, just as we have done with the last two major infrastructure bill MAP-21 and FASTAct". I would also recommend a "#WAHOO-IT'S ROAD BUILDING TIME" but your choice entirely. Thanks Alex CEQ-18-0173-E-000328 AM RCAN pVERSIGHT 1 CEQ050FY18091_000002783 President Trump's Remarks in Richfield, OH Excerpts as Prepared for Delivery Joined by our friends here in Ohio, my Administration is fighting every day to protect, defend and grow American jobs. We have eliminated a record number of job-killing regulations. We made HISTORYby massively reducing job-killing taxes. We are keeping our promises, and the results are in: 3 million new jobs since Election Day. Unemployment claims are at their lowest level in 45 years. African-American unemployment has reached the lowest levels ever recorded. Hispanic-American unemployment rate has also reached the lowe st levels ever recorded. And wages are rising at the fastest level in more than a decade. We are going to REBUILDAmerica's crumbling infrastructure. We will transform our roads and bridges from a source of endless frustration into a source of incredible pride. There is no better place to begin this campaign than right here in Ohio, at this state-of-the-art training site, where the awesome skills of the American worker are forged and refined. Nearly 40 percent of our bridges were built before the first moon landing. Clogged roads force the average driver to spend 42 hours every year stuck in traffic, costing us $160 billion annually. Our mass transit systems are [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000329 1 CEQ050FY18091 _000002784 dilapidated and decayed. Nationwide, we average 300 power outages per year, compared to just five per year in the 1980s. In recent years, Americans have watched as Washington spent trillions of dollars building up foreign countries while allowing OUR OWN country's infrastructure to fall into a state of total disrepair. Now is the time to rebuild OUR COUNTRY,to take care of OUR PEOPLE,and to fight for OUR GREAT AMERICAN WORKERS! The plan I have outlined to Congress is built on four key principles. It can be passed in one bill, or in a series of measure s. What matters , is that we get the job done. FIRST: We will INVESTin the American worker. SECOND:We will completely transform the horrible, costly and broken permitting process. The current permitting system is a total disaster - adding tremendous costs and years of endless delay to infrastructure projects all around the country. THIRD, we will provide a $50 billion commitment to build infrastructure in RURALcommunities which are too often left behind. FOURTHand Finally, we will expand the reach of federa l dollars through smart state and local partnerships. The first elements of this plan have already been put into place. I have signed Executive Orders to speed up permitting and expand rural broadband. We are [APG] CEQ-18-0173-E-000330 AMERICAN PVERSIGHT 2 CEQ050FY18091 _000002784 cutting through mountains of red tape. We've secured more funding for highways, airports, railroads, and our nation's water infrastructure. And we have obtained from Congress an additional $2 billion dollars to improve veterans' medical facilities. Congress now has the opportunity to build on this momentum and act on a commonsense plan that wi ll make our economy stronger, our roads faster and our families safer. It is a plan for building a STRONGERAmerica. [APG] AMERICAN PVERSIGHT CEQ-18-0173-E-000331 3 CEQ050FY18091_000002784 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 February 15, 2018 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 8 Dear Mr. Evers: This letter is the eighth production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this eighth production, we have processed an additional 200 records and identified 215 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 385 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted email addresses and phone numbers. We have determined that exemptions be applied in 10 redaction instances pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A v1 I< PVERSIGHT Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 A v1 )I To: (5) "Herrgott, Alex H. EOP/CEQ" (b) (6) Cc: "Stopp, Mike" Date: Wed, 18 Oct 2017 09:24:08 -0400 Hey Alex, hope things have been going well with you . Wanted to introduce you via email to my boss' chief of staff, Mike Stopp . Mike has been discussing infrastructure with some people in the administration, so wanted to make sure you two made a connection . Don't hesitate to let me know if our office can ever be helpful to you and CEQ. Best, pElDrJmB Jonathan Gray, Legislative Director CONGRESSMANMARKWAVNE MULLIN 1113 Longworth (b) (6) AMERICAN PVERSIGHT I Washington, D.C. 20515 1 C EQ050FY 18091_000001732 CEQ-18-0173-H-000001 Meetingwith SenatorCollins From: "Shahmoradi , Heideh (Appropriations)" To: "Herrgott , Alex H. EOP/CEQ" (b) (6) Cc: "Greenacre , Darci (Collins)" Date: Wed , 08 Nov 2017 14:46 : 13 -0500 Hey there . Given you current role and the fact that Senator Collins knows you personally, she would like you to come in and chat infrastructure with the two of us. I can fill you in on specifics but she is looking to have an off the record conversation with you . Let me know if you are interested and able to come up sometime . I am copying the Senator's scheduler, Darci, to figure out the best day/time . AMERICAN PVERSIGHT 1 C EQ0S0FY 18091_000001698 CEQ-18-0173-H-000002 Re: NEPA hearingnextweek From: "Stewart, Cody" To: "Herrgott , Alex H. EOP/CEQ" (b) (6) Date: Wed, 22 Nov 2017 09:00 :08 -0500 Alex, My apologies. Would love to chat. You around loday? My ceU is (b) (6) On ov 2 l 20 l 7 al 9:58 AM, Herrgoll, Alex H. EOP/CEQ (b) (6) wrote: My apologies (b) (6) -----OriginalMessagc---From: Herrgoll, Alex H. EOP/CEQ Sent: Tuesday, November 21, 2017 9:57 AM To: 'cody.stewart@mail.house.gov' Subject: NEPA hearing next week Hey Cody. Long time no talk buddy. You a minute today to chat. We should catch up on the Hill after the hearing. Tcan fill you in on all we are doing in the President's InfrastructurePackage. Alex HOUSE COMMITTEEEVENT Energy House Natural Resources Committeehearing oo NEPA The full committeeholds a hearing on "ModernizingNEPA (NationalEnvironmentalPolicy Act) for the 21st Century." * I0:00 AM EST on 1 1/29/1 7 * 1324 Longworth House Office Building * House atural Resources Committee * Congress, Regulations, Conservation * (b) (6) AlexanderHerrgott Associate Director for Infrastructure Council on EnvironmentalQuality (b) (6) AMERICAN PVERSIGHT 1 C EQ050FY 18091_000001690 CEQ-18-0173-H-000003 call From: "Neely, Amanda (HSGAC)" To: "Herrgott, Alex H. EOP/CEQ" (b) (6) Cc: "Flores, Daniel" Date: Tue, 28 Nov 2017 14:35:17 -0500 Hi Alex Do you have time for a brief call on infrastructure and permitting council updates? We are available at the following times : Wednesday Nov. 29: 10-11:30 and 3:45-6 ThUI?sday Nov. 30: 11-11:30 1:30-4:30 Friday Dec. 1: 1:30-3 Happy to offer more times if none of those work for you. Thanks a lot. Amanda Amanda H. eely Gen era l oun cl to enator Rob Portm a n D puLy hi ef oun -~I Pe rm a n n t. ub commitLe on lnv e ?t.igaLion. Unit,ed La le ' na t -(b) (6) / Am a nd a_ e 1 aH . enat e. ov AMERICAN PVERSIGHT 1 C EQ050FY 18091_000001688 CEQ-18-0173-H-000005 RE: call From To: Date: "Neely , Amanda (HSGAC)" "Flores , Daniel" , "Herrgott , Alex H. EOP/CEQ" (b) (6) Thu , 30 Nov 2017 11:03:33 -0500 How abou t 3:45? If so Daniel I can call you and then dial in Alex. I'm free after th at, as well. naLor Rob P rlrnan I. P rrnan nt 'ubcomrnil L on Inv .?Ligation. (b) (6) eel a fl GA ' . enalc.Gov From: Flores,Daniel [mailto:Daniel.Flores@mail.house.gov] Sent: Thursday, November30, 2017 10:59 AM To: Herrgott, Alex H. EOP/CEQ;Neely,Amanda (HSGAC) Subject: RE: call This afternoon st ill works for me. From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent:Thursday, November 30, 2017 10:56 AM To: Neely, Amanda {HSGAC) Cc: Flores, Daniel Subject:Re: call Yes. Can we talk this afternoon (b) (6) Sent from my iPhone On Nov 28, 2017, at 2:35 PM, Neely, Amanda (HSGAC) wrote: Hi Alex Do you have time for a brief call on infrastructure and permitting council updates? We are avai lable at the following time : AMERICAN PVERSIGHT 1 CEQ050FY18091_000001687 CEQ-18-0173-H-000006 Wednesday ov. 29: 10-11:30 and 3:45-6 Thursday Nov. 30: 11-11:30 1:30-4:30 Friday Dec. 1: 1:30-3 Happy to offer more times if none of those work for you . Thanks a lot . Amanda Amanda H. Neely Gen ra l oun :e l Lo ena t.or Rob Portm a n Deput y hi f oun I, P rm a n nl. ub ommiLL on Inv e igalio n. Un ited lat . ena te -(b) (6) I Amanda eely@HSGAC .SenaLe.Gov AMERICAN PVERSIGHT 2 CEQ050FY18091_000001687 CEQ-18-0173-H-000007 Re: call From: (b) (6) To: "Neely, Amanda (HSGAC)" Cc: "Flores, Daniel" Date: Thu , 30 Nov 2017 10:56:09 -0500 Yes. Can we talk this a.ftemoon (b) (6) Sent from my iPhone On ov 28, 2017, at 2:35 PM, Neely, Amanda (HSGAC) wrote: Hi Alex Do you have time for a brief call on infrastructure and permitting council updates? We are available at the following times : Wednesday ov. 29: 10-11:30 and 3:45-6 Thursday , Nov. 30: 11-11:30 1:30-4:30 Friday, Dec . 1: 1:30-3 Happy to offer mo1?e times if none of those work for you . Thanks a.lo . Amanda on lnv c t iga l ions (b) (6) AMERICAN PVERSIGHT 1 C EQ050FY 1809 1_ 000002087 CEQ-18-0173-H-000008 Re: call From: (b) (6) To: "Neely, Amanda (HSGAC)" Cc: "Flores, Daniel" Date: Thu , 30 Nov 2017 11:36:00 -0500 Perfect. Shall l call a number Sent from my iPbone On ov 30, 20 17 at 11:03 AM , eely, Amanda (HSGAC) wrote: How about 3:45? If so Daniel , I can call you and then dial in Alex. Im free after that as well. Amanda H. Neely n ral oun l Lo cnator Rob Portm an Deput y hi f ;oun ?el, Pel'mancnt ub ?ommi U on Invei;t iga li on ' Uni Led 'late n a te -(b) (6) I Amanda eely@HSGAC .SenaLe.Gov From: Flores,Daniel [mailto:Daniel.Flores@mail.house .gov] Sent: Thursday, November30, 2017 10:59 AM To: Herrgott, Alex H. EOP/CEQ;Neely,Amanda (HSGAC) Subject: RE: call This afternoon still works for me. From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent: Thursday , November 30, 2017 10:56 AM To: Neely, Amanda (HSGAC} Cc:Flores, Daniel Subject:Re: call Yes. Can we talk this afternoon (b) (6) Sent from my iPhone On Nov 28, 2017, at 2:35 PM, Neely, Amanda (HSGAC} wrote: Hi Alex AMERICAN PVERSIGHT 1 C EQ0S0FY 1809 1_ 000002193 CEQ-18-0173-H-000009 Do you have time for a brief call on infrastructure update s? and permitting council We are available at the following times: Wednesday , ov. 29: 10-11:30 and 3:45-6 Thurnday ov. 30: 11-11:30 1:30-4:30 Friday , Dec. 1: 1:30-3 Happy to offer more times if none of those work for you . Thanks a lot . Amanda Ama nd a H. Nee ly General oun el lo nalor Rob Portman D puty hi ef oun . el, Perman ent ubcommilt ee on Investigation United lat cs enat c -(b) (6) I Amanda ecly@HSGAC. cnale .Gov AMERICAN PVERSIGHT 2 CEQ050FY18091_000002193 CEQ-18-0173-H-000010 RE: call From To: Date: "Flores . Daniel" "Neely , Amanda (HSGAC)" , "Herrgott , Alex H. EOP/CEQ" (b) (6) Thu , 30 Nov 2017 11 :06 :57 -0500 Thanks. That works for me . From: Neely, Amanda (HSGAC}[mailto :Amanda_Neely@hsgac .senate .gov] Sent: Thursday, November 30, 2017 11 :04 AM To: Flores, Daniel ; Herrgott , Alex H. EOP/CEQ (b) (6) Subject:RE: call How abou 3:45? If o Daniel I can call you and then dia1 in Alex. Im free after that , as well. Amanda H. eely cn era l oun se l to e naLor Rob Por t.ma n D pul y hi e[ oun 1 P rm a n nl ub c mmj L e on lnv e.?t,igaLion. Unit ed LaLe. 'ena t e -(b) (6) / Amanda . enat e. Gov From: Flores, Daniel [mailto:Daniel.F lores@mail.house .gov ] Sent: Thursday, November 30, 2017 10:59 AM To: Herrgott, Alex H. EOP/CEQ;Neely, Amanda (HSGAC) Subject: RE: call This afternoon still works for me. From: Herrgott , Alex H. EOP/CEQ [mailto (b) (6) Sent:Thursday, November 30, 2017 10:56 AM To: Neely, Amanda (HSGAC) Cc: Flores, Daniel Subject:Re: call Yes. Can we talk this afternoon (b) (6) Sent from my iPhone AMERICAN PVERSIGHT 1 C EQ050FY 18091 _ 000002416 CEQ-18-0173-H-000011 On Nov 28, 2017, at 2:35 PM, Neely, Amanda {HSGAC) wrote: Hi Alex, Do you have time for a brief call on infrastructure and permitting council updates? We are available at the following times : Wednesday ov. 29: 10-11:30 and 3:45-6 Thursday , Nov. 30: 11-11:30 , 1:30-4:30 Friday, Dec. 1: 1:30-3 Happy to offer more times if none of those work for you . Thanks a lot. Amanda Amanda H. Neely G ner a l oun . el to ena tor Rob Portm a n D put y Chi f oun s l, Perm a nen t ubcommil tee on Jnve Liga~ion. United tat nate -(b) (6) I Amanda GAC.Scna te.Gov AMERICAN PVERSIGHT 2 CEQ050FY18091_000002416 CEQ-18-0173-H-000012 Re: call From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Neely, Amanda (HSGAC)" Cc: "Flores , Daniel" Date: Thu, 30 Nov 2017 11 :36:00 -0500 Perfect. Shall J call a number Sent from my iPhone On ov 30 2017, al 11:03 AM eely, Amanda (HSGAC) wrote: How about 3:45? If so, Daniel I can call you and then dial in Alex. I'm free after that as well . Amanda H. Neely Gen ra l oun l lo 'enaLor Rob Portman Dep uty hief ounsel, I ermancnt ubcommiLLeeon lnve 'Ligation United tate eoaLe -(b) (6) /= A=m=a=n=d=a~ ,_____-~~===~~ From: Flores, Daniel [mailto:Daniel.Flores@mail.house.gov ] Sent: Thursday, November 30, 2017 10:59 AM To: Herrgott, Alex H. EOP/CEQ; Neely, Amanda (HSGAC) Subject: RE: call This afternoon still works for me. From: Herrgott, Alex H. EOP/CEQ[mailto (b) (6) Sent: Thursday, November 30, 2017 10:56 AM To: Neely, Amanda (HSGAC) Cc: Flores, Daniel Subject:Re: call Yes. Can we talk this afternoon (b) (6) Sent from my iPhone On Nov 28, 2017, at 2:35 PM, Neely, Amanda (HSGAC) wrote: AMERICAN PVERSIGHT 1 C EQ050FY 18091 _ 000002900 CEQ-18-0173-H-000013 Hi Alex, Do you have time for a brief call on infrastructure updates? and permitting council We are available at the following times: Wednesday ov. 29: 10-11:30 and 3:45-6 Thursday ov. 30: 11-11:30, 1:30-4:30 Friday Dec. 1: 1:30-3 Happy to offer more times if none of those work for you . Thanks a lot . Amanda Aman da H. Nee ly General oun . cl Lo enator Rob Portman DC'put y hi cf Coun ?e l, Perm an nL ub ommit.tec on Jnvc . Ligation United Late. enat c (b) (6) ?= A= m a=n=da=-=--=:.,..==c.=..=-"===~ AMERICAN PVERSIGHT 2 CEQ050FY18091_000002900 CEQ-18-0173-H-000014 Re: call From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Neely , Amanda (HSGAC)" Cc: "Flores , Daniel" Date: Thu , 30 Nov 2017 10:56:09 -0500 - Yes. Can we talk this a.ftcmooo (b) (6) Sent from my iPhone On ov 28 20 17 at 2:35 PM, Neely Amanda (HSGAC) wrote: Hi Alex Do you have time for a brief call on infra tructure and permitting council updates? We are available at the following times : Wednesday ov. 29: 10-11:30 and 3:45-6 Thw ?sday, Nov. 30: 11-11:30 1:30-4:30 Friday Dec. 1: 1:30-3 Happy to offer more times if none of those work for you . Thanks a lot . Amanda Amanda H. Neely n >ra l oun . I Lo C'nator Rob P rt.man o , puly hi f ounA I, rmanent . ub ommiltce on Inv .ti 0 at.ion.? Unit ocl Lat . ena t o -(b) (6) /~A=m=a~n=d=a~~~~~=~~~~ AMERICAN PVERSIGHT 1 C EQ050FY 18091_ 000002902 CEQ-18-0173-H-000015 RE: call From: "Neely, Amanda (HSGAC)" To: "Herrgott , Alex H. EOP/CEQ" (b) (6) Cc: "Flores, Daniel" Date: Thu , 30 Nov 2017 11:36:25 -0500 I 11dial you in - we don have a conference line! (b) (6) cnat / Amanda _ el a I I ' :A . ',nat .Gov From: Herrgott, Alex H. EOP/CEQ[mailto (b) (6) Sent: Thursday, November 30, 2017 11:36 AM To: Neely, Amanda (HSGAC) Cc: Flores, Daniel Subject: Re: call Perfect . Shall I call a number Sent from my iPhone On Nov 30, 2017, at 11:03 AM, Neely, Amanda (HSGAC) wrote: How about 3:45? If so Daniel , I can call you and then dial in Alex. I'm free after that as well. Amanda H. Neely encra l 'oun ? 1 Lo cnator Rob Portman D puLy hi f oun. I, P rmaneni ub ?ommit. on Jnv sLigaLion. United late ? enate (b) (6) /~Am~a~n~da~~~~~~~~~~ From: Flores, Daniel [mailto:Daniel.Flores@mail.house.gov ] Sent: Thursday, November 30, 2017 10:59 AM To: Herrgott, Alex H. EOP/CEQ; Neely, Amanda (HSGAC) Subject: RE: call This afternoon st ill works for me. AMERICAN PVERSIGHT 1 C EQ050FY 18091 _ 000003173 CEQ-18-0173-H-000016 From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent: Thursday, November 30, 2017 10:56 AM To: Neely, Amanda (HSGAC} Cc:Flores, Daniel Subject: Re: call Yes. Can we talk this afternoon (b) (6) Sent from my iPhone On Nov 28, 2017, at 2:35 PM, Neely, Amanda (HSGAC) wrote: Hi Alex Do you have time for a brief call on infrastructm'e update s? and permitting council We are available at the following times: Wednesday, ov. 29 : 10-11:30 and 3:45-6 Thur sday ov. 30: 11-11:30, 1:30-4:30 Friday, Dec . 1: 1:30-3 Happy to offer more times if none of those work for you . Thanks a lot . Amanda Amanda H. Neely Gen ral ouns I to enat.or Rob Port.man D put.y hi f oun. I, P rman nL ub ommiLL on lnve tigat,ion. United Late enale -(b) (6) /=Am=an=da~==-<---==~~===~ AMERICAN PVERSIGHT 2 CEQ050FY18091_000003173 CEQ-18-0173-H-000017 RE: call From To: Date: "Flores , Daniel" "Herrgott , Alex H. EOP/CEQ" (b) (6) "Neely , Amanda (HSGAC)" Thu , 30 Nov 2017 10:58 :42 -0500 This afternoon still works for me . From: Herrgott , Alex H. EOP/CEQ [mailto (b) (6) Sent: Thursday, November 30, 2017 10:56 AM To: Neely, Amanda (HSGAC) Cc: Flores, Daniel Subject: Re: call Yes. Can we talk this afternoon (b) (6) Sent from my iPhone On Nov 28, 2017, at 2:35 PM, Neely, Amanda (HSGAC) wrote : Hi Alex , Do you have time for a brief call on infrastructure and permitting council updates ? We are available at the following times: Wednesday ov. 29: 10-11:30 and 3:45-6 Thursday , Nov. 30: 11-11:30 1:30-4:30 Friday Dec. 1: 1:30-3 Happy to offer more times if none of those work for you . Thanks a lot. Amanda Amanda H. Neely , n ral oun I to enator Rob Port man AMERICAN PVERSIGHT 1 C EQ0S0FY1809 1_000003174 CEQ-18-0173-H-000018 Deput,y hicf oun l Perman nt 'ubcommittee on Inve tigation . na Le Uni Led taics -(b) (6) / Amanda eely@H GA .Senate.Gov AMERICAN PVERSIGHT 2 CEQ050FY18091_000003174 CEQ-18-0173-H-000019 RE: White Housespearheadingintra-agencydeal on speedingup permitting From "Forbes , Andrew (lnhofe)" "Herrgott . Alex H. EOP/CEQ" (b) (6) To: Date: "Holland , Luke (lnhofe)" Mon, 08 Jan 2018 17:34:16 -0500 I love it . From: Herrgott, Alex H. EOP/CEQ[mailto (b) (6) Sent: Monday, January 8, 20 18 5:33 PM To: Holland, Luke (lnhofe) Cc: Forbes, Andrew (lnhofe) Subject: Re: White House spearheading intra-agency deal on speeding up permitting Yikes . How Does this look to you. Sent from my iPhone On Jan 8 2018, at 4 :59 PM, HolJand, Luke (Inhofe) wrote: Press!!! From: POLITICO Pro Transportation Whiteboard (mailto:politicoemail@politicopro.com Sent: Monday, January 8, 2018 4:4 2 PM To: Hollan d, Luke (lnh ofe) Subject:White House spearheading intra -agency deal on speeding up permitting ] By Lauren Gardner 01/08/2018 04:40 PM EDT The White House is trying to get 17 federaJ agencies to sign a memorandum of understa nding that would "bind" them to a two-year environmental permitting process , a Council on Environmenta l Qua lity official said today. "RegardJess of what happens with the legislative package [on infrastructure] , I think one of the most important things this administration can do is take permitting delivery times from what is now an average of 4.7 years ... down to two years," said Alex Herrgott , CEQ's associate AMERICAN PVERSIGHT 1 C EQ0S0 FY 1809 1_00000 1644 CEQ-18-0173-H-000020 director for infrastructure , at a Transportation Research Board event. "We can do better ," he added. Herrgott said the effort is "probably" something that will come to fruition in early 2018 . You received this POLITICO Pro content because your customized settings include: Transportation: aJIwhiteboards. To change your alert settings, please go to >> https://www .poJiticopro.com/settings<<; X This email was sent to Juke holland @inhofe.senate .gov by : POLITICO , LLC 1000 Wilson Blvd . Arlington , VA, 22209 , USA AMERICAN PVERSIGHT 2 CEQ050FY18091 _000001644 CEQ-18-0173-H-000021 Re: Infrastructure WorkingLunchpt 2 From To: "Gribbin . DJ J. EOP/WHO" (b) (6) "Antell, Geoffrey" "Georges , Liza B. EOP/WHO" (b) (6) , "Cardish , Reed S. (b) (6) Cc: , "Pataki, Tim A. EOP/WHO" (b) (6) , "Lai, Joseph G. EOP/WHO" (b) (6) o "Van Doren , Terry (McConnell)" , "Herrgott, Alex H. EOP/CEQ" (b) (6) "Morton , Lindsey D. EOP/WHO" (b) (6) Date: Thu , 18 Jan 2018 12:02:48 -0500 Are you in? Sent from my iPhone > On Jan 18 20 18 at 11:50 AM, Antell, Geoffrey wrote: > > either Terry nor I are cleared to come in. On 17th entrance. > > Geoffrey Antell > Office of the Speaker > > >> On Jan 11, 2018 , at 8:03 AM, Georges, Liza B. EOP/WHO (b) (6) >> >> Attendees: >> Reed Cordish >> Joseph Lai >> Tim Pataki >> Alex Herrgotl >> DJ Gribbin >> Terry Van Doren >> Geoff Antell >> >> AMERICAN PVERSIGHT 1 wrote: C EQ050FY 18091_000001628 CEQ-18-0173-H-000022 [No Subject] From: "Arnak is, Adrian (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" (b) (6) Date : Mon, 22 Jan 2018 11 :31 :02 -0500 Attachments: Trump Infrastructure Plan outl ine.pdf (162.42 kB) FYI. This is circulating downtown. AMERICAN PVERSIGHT 1 C EQ050FY 1809 1_000001625 CEQ-18-0173-H-000023 Funding Principles I. Infrastructure Incentives Initiative: encourages state , local and private investment in core infrastructure by providing incentives in the form of grants . Federal incentive funds wiJJ be conditioned on achieving milestones within an identified timeframe. Accounts for 50% of total appropriation. A. Applies to: surface transportation , airports, passenger rail , maritime and inland waterway ports flood control , water supply, hydropower , water resources , drinking water facilities , storm water facilities , Brownfield and Superfund sites B. Eligible entities : States or groups of states, Puerto Rico , U.S. territories , metropolitan planning organizations , units of local government or a group of local governments , special purpose district or public authority responsible for maintaining infrastructure facilities , public utilities , non-profits , tribal go ernments, multijurisdi .ctional group of eligible entities, private entities with sponsorship from an eligible public entity . C. ore infrastructure projects are eligible. The lead federal agency administering the initiative will define eligible costs and conduct audits to ensure funds are used appropriately . D . The lead federal agency will solicit applications every 6 months . Criteria includes : l . Doi lar value of project (weighted at 10%) 2. Evidence supporting how applicant will secure and commit new , non-federal revenue to create sustainable , long-term funding (weighted at 50%) 3. Evidence supporting how applicant wiJJ secure and commit new, non-federal revenue for operations , maintenance and rehabilitation (weighted at 20%) 4. Updates to procurement policies and project delivery approaches to improve efficiency in project delivery and operations (weig hted at 10%) 5. Plans to incorporate new technology (weighted at 5%) 6. Evidence to support bow project will spur economic and social returns on investment (weighted at 5%) a. Calculated by multiplying the weighted score by the percentage of nonfederal revenues used to fund the project b. Lookback period : Years Passed >3 years 2-3 1-2 0-1 After Jan . 2018 II. New Revenue Credit Score Multiplier 0% 30% 40% 50% 100% E. Grant awards can't exceed 20% of total project cost. Any individual state can't receive more than 10% of the amount available Transformative Projects Program : makes available federal funding and technical assistance for innovative and transformative infrastructure projects based on competitive basis to viable projects unable to secure financing through private sector due to the uniqueness of the program. Applicable projects must be exploratory and ground-breaking jdeas that have more risk than Page 1 of 6 AMERICAN PVERSIGHT 1 C EQ050FY 18091_000001626 CEQ-18-0173-H-000024 Ill. standard infrastructure projects but offer a larger reward profile. Covered sectors include: transportation , clean water, drinking water, energy, commercial space, and telecommunications. Accounts for 10% of total appropriation. A. Dept. of Commerce chairs administration of the program. B. Eligible entities: States or groups of states, Puerto Rico, U.S. territories , metropolitan planning organizations , units of local government or a group of local governments , special purpose district or public authority responsible for maintaining infrastructure facilities , public utilities, non-profits, tribal governments , multijurisdictional group of eligible entities, private entities with sponsorship from an eligible public entity. C. Funding tracks: Applicants could apply for all or specific tracks. 1. Demonstration: funding provided for planning , construction , deployment and evaluation of demonstration trials. Can 't be used for applied R&D activities but instead where a prototype is operated at or near full scale. Federal funding may be used for up to 30% of eligible costs. 2. Project Planning: funding provided for final pre-construction activities - i.e. final design and engineering. Demonstration trial must have occurred and been successful. Must demonstrate construction would begin within a reasonable time frame. Federal.funding may be used/or up to 50% of eligible costs. 3. Capitol Construction: funding provided for capital projects having independent utility and ready for intended use upon complet ion. Federal funding may be used for up to 80% of eligible costs. a. Under this track, applicant required to enter into a financial partne rship agreement with the Federal Government requiring that if a project begins to generate value, the Federal Govermnent would have rights to share in the project value. The Federal Government would not assert first claim under any such agreement , would not accept a seat on any company ' s board of directors, and all partnership agreements would provide that the company retains ownership of any and all intellectual property. D. Minimum match requirements in the fonn of equity investments by private or nonprofit organizations. Applicant must demonstrate equity is committed and available. E. Federal technical assistance available in addition to funding tracks, but no funding provided. F. Dept. of Commerce would administer the program with an interagency selection committee. A notice of funding opportunity would be published in the federal register soliciting applications on an annual basis. Cost benefit analysis is required and applications are limited to one per lead applicant, although there would be no limit to the number of applications on which an applicant could be listed as a partner applicant. G. Applicants selected would enter into a partnership agreement with the Federal Government which would specify terms and wottld not exceed 7 years to outlay funds. Milestones and schedules included in the agreement , the progress for which the lead Federal agencies would conduct regular audits. Rural Infrastructure Program: designed to encourage investment to enable rural economies , facilitate freight movement , improve access to reliable and affordable transportation , etc. States are iocentivized to partner with local and private investment for completion and operation of projects under this program. Accounts/or 25% of total appropriation. A. Eligible entities rural programs include: Page 2 of 6 /\MERICAi\ pVERSIGHT 2 CEQ050FY18091_000001626 CEQ-18-0173-H-000025 IV. V. VT. VII. 1. Transportation - roads, bridges, public transit, rail airports, and maritime and inland wate,way ports ; 2. Broadband - and other high-speed data and communication conduits; 3. Water and waste - drinking water, waste water, land revitalization , and Brown.fields; 4. Power and electric - governme ntal generation, transmission and distribution facil ities ; and 5. Water resources - inland waterway ports , flood risk management , maritime ports and water suppl y. B. Funding: 1. 80% of funds made available for states would be provided to the Governor of each state via the following formula: a. Ratio based on total rural lane miles in a state in relation to total rural lane miles in all states and a ratio based on the total adjusted rural population of a State in relation to the tota l adjusted rural population of all states. 2. 20% reserved for rural performance grants a. States encouraged to do so within 2 years of enactment b. Grants available for up to 10 years after enactment or until funds run out. c. To qualify, states must publish a comprehensive rural infrastructure investment plan (RIIP) within I 80 days of receipt of formula funds. 3. Fund s made available would be distributed as block grants without Federal requirements , but must be used for proj ects in rural areas with a population of less than 50,000. 4. Provides investment designed to address infrastructure needs on tribal lands and U.S . Territories. Federal Credit Programs: designed to increase the capac ity of existing Federa l lending programs to increase investment. Accounts for 7.05% of total appropriation . A. Would establ ish the (1) Transportation Infrastructure Finance and Innovat ion Act, (2) Railroad Rehabilitation and Improvement Financing, (3) Water Infrastruct ure Finance and Innovation Act, and (4) United States Department of Agriculture Rural Utilit ies Lending Programs under which specific funds would be set aside and appropriated to tbe relevant U.S. agency and would remain available until 2028. Public Lands Infrastructure Fund: would create a new infra structure fund in the U.S. Treasury called the Interior Maintenance Fund comprised of additiona l revenues from the amounts due and payable to the U.S. from mmeral and energy development on Federal lands and waters. Disposition of Federal Real Property: would establish through executive order the authority to allow for the disposa l of Federa l assets to improve the overa ll allocation of economic resources in infrastructure investment. Federal Capita l Financing Fund: creates a funding mechanism similar to a capital budget but that operates within the traditional rules used for the Federal budget by establishing a mandatory revolving fund to finance purchases offederally owned civilian real property. Once approved in an Appropriati ons Act, the revolving fund would transfer money to agencies to finance largedollar real prop erty purchases. Purchasing agencies would then be required to repay the fund in 15 equa l annual amount s using discretionary appropriations. Acco unts for 5 % of total appropriation . Page 3 of 6 /\MERICAi\ pVERSIGHT 3 CEQ050FY18091_000001626 CEQ-18-0173-H-000026 Vlll. I. Private Activity Bonds: would amend 26 U.S.C. 142 to allow broader categories of publicpurpose infrastructure , including reconstruction projects , to take advantage of P ABs would encourage more private investment in projects to benefit the pub lic. A. Elimination of the AMT provision and the Advance Refunding prohibition on P ABs B. Elimination of the transportation volume caps on PABs and expend eligibil ity to ports and airports C. Removal of state volume cap on P ABs D. Provide change-of-use provisions to preserve the tax exempt status of governmental bonds E. Require public attributes for core public infrastructure projects F. Provide change-of-use cures for private leasing of projects to ensure preservation of tax exemption for core infrastructure bonds Princip les for Infrast ructure Im provements Transportation A. Financing 1. Allow states flexibility to toll on interstates and reinvest toll revenues in infrastructure 2. Reconcile the grandfathered restrictions on use of highway toll revenues with current law 3. Extend streamlined passenger facility charge process from non-hub airports to small hub sized airports 4. Support airport and non-federal maritime and inland water way ports financing options through broadened TIFIA program eligibility 5. Subsidize railroad rehabilitation and improvement financing for short-line and passenger rail 6. Provide states flexibility to commercialize interstate rest areas 7. Remove application of federal requirements for projects with de minimis Federal share 8. Expand qualified credit assistance and other capabilities for state infrastructure banks B. Highways 1. Authorize federal land management agencies to use contracting methods available to states 2. Raise the cost threshold for major project requirements to $1 billion 3. Authorize utility relocation to take p lace prior to NEPA completion 4. Refund of federal investment to eliminate perpetual application of federal requirements 5. Provide small highway projects with relief from the same Federa l requirements as major projects C. Transit 1. Require value capture financing as condition for receipt of transit funds for major capital projects (Cap ital Investment Grants) 2. Eliminate constraints on use of public-private and public-public partnerships in transit 3. Codify expedited project delivery for Capital 1nvestment Grants pilot program Page 4 of 6 /\MERICAi\ pVERSIGHT 4 CEQ050FY 18091_000001626 CEQ-18-0173-H-000027 D. Rail II. 1. App ly Fast Act streamJining provisions to rail projects and shorte n the stat ute of limitations E. Airports 1. Create more efficient federaJ av iation administration oversig ht of non-aviation development activities at airports 2. Reduce barriers to alternative project delivery for airports 3. Clarify authority for incent ive payments under the Airport Improvement program 4. Move oversight of AlP funds to post-expenditure audits Water Infrastructure A. Fina ncing I. Authorize Clean Water State Revo lving Fund for private ly owne d public purpose treatme nt wo rks 2. Expand EPA's WIFIA authorization to includ e flood miti gation, navigation and water supply 3. Eliminate require ment under WfFIA for borrowers to be comm unit y water systems 4. Authorize Brownfield rehabilitation and clean up of superfund sites under WlFIA 5. Reduce rat ing agency opinions from two to one for al l barrowers 6. Provide EPA authority to waive the springing lien in certain lend ing situations 7. Increase the base leve l of adm inistrative funding authorize d to ensure EPA has sufficie nt funding to operate the WIFIA program 8. Remove the restriction on the ability to reimburse costs incurred prior to loan closing under WIFIA 9. Expand the WIFIA program to authorize eligi bility for credit assistance for wate r systems acquisitions and restructurings. 8 . Water programs 1. Remove the application of Federa l requirements for de mm1m1s Federa l involveme nt 2. Provide EPA infrastructure programs with "SE P-1 5" authorizing language 3. Appl y identical regulatory requ ire ments to privately owned "public purpose" treatm ent works and publicly owned treatmen t wo rks C. Inland waterways l. Author ize all third party cons truction and operat ion arrangements as eligib le expenses for inland waterways trust fund and treasury appropriations 2. Authorize non-fede ral construction and operation of inland waterways projects D. Water infrastructure resources l . Authorize user fee coUection and retention by the Federal government and th ird parties under the WRDA Sect ion 50 14 pilot program 2. Expend U.S. Army Corps of Enginee rs' authority to engage in long-term contracts 3. Authorize operation and maintenance activities at hydropower facilities 4. Deauthorize certain federal civil works projects 5. Expand authority for acceptance of cona.-ibuted and advanced funds 6. Retain recreation user fees for operation and maintenance of public facilities 7. Amend the Water Resources Development Act to aJlow for waive r of cost limit s Page 5 of 6 /\MERICAi\ pVERSIGHT 5 CEQ050FY 18091_000001626 CEQ-18-0173-H-000028 Ill. IV. 8. Expand WIFIA authorization to include Federal deauthorized water resource projects Veterans Affairs: designed to provide Veteran's with state-of-the-art facilities A. Authorize VA to retain proceeds from sales of properties B. Authorize VA to exchange ex.isting facilities for construction of new facilities C. Authorize pilot for VA to exchange land or facilities for lease of space D. Increase threshold above which VA is required to obtain Congressional authorizat ion for leases Land Revitalization (Brownfield/Superfund Reform) A. Rep licate the Brownfield Grant/Revolving Loan FU11dprogram for Superfund projects B. Clarify EPA 's ability to create special accounts for third party funds for CERCLA clean up response without state assurances C. Provide liability relief for states and munjcipa lities acquiring contaminated property through actions as sovereign governments D . Provide EPA express settlement authority to enter into administrative agreements E. Integrate clean up, infrastructure and long-term stewardship needs by creating flexibility in fundmg and execution requfrements F. Authorize national priority list sites to be eligible for Brownfield grants G. Clarify risks to non-liable third parties that perfonn superfund cleanup. Page 6 of 6 /\MERICA~ pVERSIGHT 6 CEQ050FY18091_000001626 CEQ-18-0173-H-000029 RE: infrastructure briefing From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: Cc: Date: "Lai, Joseph G. EOP/WHO" (b) (6) , "Hixon, Christopher (HSGAC)" "Van Doren, Terry (McConnell)" , "Bailey , Katie (HSGAC)" Thu, 25 Jan 201815 :51:13 -0500 This is good for me, if we can make it work . From: Lai, Joseph G. EOP/WHO Sent: Thursday, January 25, 2018 1:39 PM To: Hixon, Christopher (HSGAC) Cc:Van Doren, Terry (McConnell) ; Bailey, Katie (HSGAC) ; Herrgott, Alex H. EOP/CEQ (b) (6) Subject:Re: infrastructure briefing Tomorrow afternoon work? + Alex Herrgott from CEQwho you may remember from his EPW lnhofe days. Sent from my iPhone On Jan 25, 2018, at 1:15 PM, Hixon, Christopher (HSGAC) wrote: Hi Joe - would you and the appropriate team be available to brief our team on the provisions of the administration's infras tructure proposal in HSGACjurisdiction? We understand that federal buildings/contracting and perhaps some permitting issues may be included . Perhaps sometime tomorrow or Monday? Thanks, Chris AMERICAN PVERSIGHT 1 C EQ050FY 18091 _ 000000750 CEQ-18-0173-H-000030 RE: infrastructure briefing From To: Cc: Date: "Van Doren. Terry (McConnell)" "Lai, Joseph G. EOP/WHO" (b) (6) "Hixon, Christopher (HSGAC)" "Bailey , Katie (HSGAC)" , "Herrgott , Alex H. EOP/CEQ" (b) (6) Thu , 25 Jan 201817:45:00 -0500 Sure does . See y' all then . Thank you for doing this. TVD Teny Va+'ltVore+11 Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 (b) (6) From: Lai, Joseph G. EOP/WHO [mailto (b) (6) Sent: Thursday, January 25, 2018 5:30 PM To: Hixon, Christopher (HSGAC) Cc:Van Doren, Terry (McConnell) ; Bailey, Katie (HSGAC) ; Herrgott, Alex H. EOP/CEQ (b) (5) Subject: Re: infrastructure briefing Fine with me. Terry does that work for you? Sent from my iPhone On Jan 25, 2018, at 2:46 PM, Hixon, Christopher (HSGAC) wrote: How's 4:15 pm tomorrow? We're in Dirksen 340, if that works for you guys. Thanks. From: Lai, JosephG. EOP/WHOmailto(b) (6) Sent: Thursday,January25, 2018 1:39 PM To: Hixon, Christopher(HSGAC) Cc: Van Doren,Terry (McConnell);Bailey, Katie (HSGAC);Herrgott, Alex H. EOP/CEQ Subject: Re: infrastructure briefing AMERICAN PVERSIGHT 1 CEQ050FY18091_000001617 CEQ-18-0173-H-000031 Tomorrow afternoon work? + Alex Herrgott from CEQwho you may remember from his EPW lnhofe days. Sent from my iPhone On Jan 25, 2018, at 1:15 PM, Hixon, Christopher (HSGAC) Hi Joe - would you and the appropr iate team be available to brief our team on the provisions of the adm inistrat ion' s infrastructure proposal in HSGACjurisdiction? We understand that federal buildings/contracting and perhaps some permitting issues may be included . Perhaps sometime tomorrow or Monday? Thanks, Chris /\MERICA~ pVERSIGHT 2 CEQ050FY 18091_000001617 CEQ-18-0173-H-000032 Re: infrastructure briefing From To: "Lai, Joseph G. EOP/WHO" (b) (6) "Hixon, Christopher (HSGAC)" "Van Doren, Terry (McConnell)" , "Bailey, Katie Cc: (HSGAC)" , "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Thu, 25 Jan 2018 13:38:46 -0500 Tomorrow afternoon work? + Alex Herrgon from CEQ who you may remember from his EPW Inbofe days. Sent from my iPbone On Jan 25, 2018, at I:1S PM, Hixon, Christopher (HSGAC) wrote: Hi Joe -would you and the appropriate team be available to brief our team on the provisions of the administration's infrastructure proposal in HSGACjurisdiction? We unders tand that federal buildings/contracting and perhaps some permitting issues may be included. Perhaps sometime tomorrow or Monday? Thanks, Chris AMERICAN PVERSIGHT 1 CEQ050FY18091_000001619 CEQ-18-0173-H-000033 Re: infrastructure briefing From To: "Lai, Joseph G. EOP/WHO" (b) (6) "Hixon, Christopher (HSGAC)" "Van Doren, Terry (McConnell)" , "Bailey , Katie Cc: (HSGAC)" , "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Thu, 25 Jan 201817:30:13 -0500 Fine with me. Terry does that work for you? Sent from my iPbone On Jan 25 2018, at 2:46 PM, Hixon, Cbrislopl1er(HSGAC) wrote: How' s 4:15 pm tomorrow? We' re in Dirksen 340 , if that works for you guys. Thanks. From: Lai, JosephG. EOP/WHO~(b) (6) Sent: Thursday, January 25, 2018 1:39 PM To: Hixon, Christopher(HSGAC) Cc: Van Doren,Terry (McConnell);Bailey, Katie (HSGAC);Herrgott, Alex H. EOP/CEQ Subject: Re: infrastructure briefing Tomorrow afternoon work? + Alex Herrgott from CEQwho you may remember from his EPW lnhofe days. Sent from my iPhone On Jan 25, 2018, at 1:15 PM, Hixon, Christopher (HSGAC) wrote: Hi Joe - would you and the appropriate team be available to brief our team on the provisions of the administration's infrastructure proposal in HSGACjurisdiction? We understand that federal buildings/contracting and perhaps some permitting issues may be included . Perhaps sometime tomorrow or Monday? Thanks, Chris AMERICAN PVERSIGHT 1 C EQ050FY 18091 _ 000002314 CEQ-18-0173-H-000034 8091 _000002314 RE: infrastructure briefing From To: "Hixon , Christopher (HSGAC)" "Lai, Joseph G. EOP/WHO" (b) (6) "Van Doren , Terry (McConnell)" , "Bailey , Katie Cc: (HSGAC)" , "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Thu , 25 Jan 2018 14:46:56 -0500 How's 4 :15 pm tomorrow? We're in Dirksen 340, if that works for you guys. Thanks . From: Lai, Joseph G. EOP/WHO [mailto (b) (6) Sent: Thursday, January 25, 2018 1:39 PM To: Hixon, Christopher (HSGAC) Cc: Van Doren, Terry (McConnell); Bailey, Katie (HSGAC); Herrgott, Alex H. EOP/CEQ Subject: Re: infrastructure briefing Tomorrow afternoon work? + Alex Herrgott from CEQ who you may remember from his EPW lnhofe days. Sent from my iPhone On Jan 25, 2018, at 1:15 PM, Hixon, Christopher (HSGAC) Hi Joe -would you and the appropriate team be available to brief our team on the provisions of the administration's infrastructure proposal in HSGACjurisdiction? We understand that federal buildings/contracting and perhaps some permitting issues may be included. Perhaps sometime tomorrow or Monday? Thanks, Chris AMERICAN PVERSIGHT 1 C EQ050FY 18091 _ 000002315 CEQ-18-0173-H-000036 Re: infrastructure briefing From "Hixon, Christopher (HSGAC)" "Lai, Joseph G. EOP/WHO" (b) (6) To: > "Van Doren, Terry (McConnell)" , "Bailey, Katie Cc: (HSGAC)" , "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Fri, 26 Jan 2018 11:23:38 -0500 Yes. Thanks. On Jan 26, 2018 at 8:51 AM, Lai Joseph G. EOP/WHO (b) (6) wrote: See everybody at 415. Dirksen 340. Will a PSI Subcommjtteerep be attendi11gas well? Se11Ifrom my iPhone On Jan 25, 2018, at 5:45 PM, Yan Doren, Terry (McConnell) wrote: Sure does. See y' all then. Thank you for doing this. TVD Te,yry VCNYll Vore+'\! Poljcy Advisor Office of Majority Leader McConnell Washington , DC 20510 (b) (6) From: Lai,Joseph G. EOP/WHO [mailto (b) (6) Sent: Thursday, January 25, 2018 5:30 PM To: Hixon, Christopher (HSGAC) Cc:Van Doren, Terry (McConnell) ; Bailey, Katie (HSGAC) ; Herrgott, Alex H. EOP/CEQ (b) (6) Subject: Re: infrastructu re briefing Fine with me. Terry does that work for you? Sent from my iPhone AMERICAN PVERSIGHT 1 CEQ050FY18091_000002311 CEQ-18-0173-H-000037 On Jan 25, 2018, at 2:46 PM, Hixon, Christopher (HSGAC) wrote: How's 4:15 pm tomorrow? We're in Dirksen 340, if that works for you guys. Thanks. From: Lai, JosephG. EOP/WHO mailto(b) (6) Sent: Thursday,January 25, 2018 1:39 PM To: Hixon, Christopher(HSGAC) Cc: Van Doren,Terry (McConnell);Bailey, Katie (HSGAC);Herrgott, Alex H. EOP/CEQ Subject: Re: infrastructure briefing Tomorrow afternoon work? + Alex Herrgott from CEQwho you may remembe r from his EPW lnhofe days. Sent from my iPhone On Jan 25, 2018, at 1:15 PM, Hixon, Christopher (HSGAC) wrote : Hi Joe - would you and the appropriate team be available to brief our team on the provisions of the administration's infrastructure proposal in HSGACjurisdiction? We understand that federal buildings/contracting and perhaps some permitting issues may be included. Perhaps sometime tomorrow or Monday? Thanks, Chris AMERICAN PVERSIGHT 2 CEQ050FY18091_000002311 CEQ-18-0173-H-000038 Re: infrastructure briefing From To: "Lai, Joseph G. EOP/WHO" (b) (6) "Van Doren, Terry (McConnell)" "Hixon , Christopher (HSGAC)" , "Bailey , Katie Cc: (HSGAC)" , "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Fri, 26 Jan 2018 08:51 :30 -0500 See everybody at 415 . Dirksen 340. Will a PSl Subcommittee rep be attending as welJ? Sent from my iPhone On Jan 25, 2018 , at 5:45 PM Van Doren, Terry (McConnell) wrote: Sure does. See y 'all then. Thank you for doing this . TVD Terry Va+11 Vore+11 Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 (b) (6) From: Lai, Joseph G. EOP/WHO [mailto (b) (6) Sent: Thursday, January 25, 2018 5:30 PM To: Hixon, Christopher (HSGAC) Cc:Van Doren, Terry (McConnell) ; Bailey, Katie (HSGAC) ; Herrgott, Alex H. EOP/CEQ (b) (6) Subject:Re: infrastructure briefing Fine with me. Terry does that work for you? Sent from my iPhone On Jan 25, 2018, at 2:46 PM, Hixon, Christopher (HSGAC) wrote: How 's 4:15 pm tomorrow? We' re in Dirksen 340, if that works for you guys. Thanks. AMERICAN PVERSIGHT 1 C EQ050FY 18091 _ 000003133 CEQ-18-0173-H-000039 From: Lai, Joseph G. EOP/WHO mailto (b) (6) ] Sent: Thursday, January 25, 2018 1:39 PM To: Hixon, Christopher (HSGAC) Cc: Van Doren, Terry (McConnell); Bailey, Katie (HSGAC); Herrgott, Alex H. EOP/CEQ Subject: Re: infrastructure briefing Tomorrow afternoon work? + Alex Herrgott from CEQwho you may remember from his EPW lnhofe days. Sent from my iPhone On Jan 25, 2018, at 1:15 PM, Hixon, Christopher (HSGAC) wrote: Hi Joe - would you and the appropriate team be available to brief our team on the provisions of the administration's infrastructure proposal in HSGACjurisdiction? We understand that federal buildings/contracting and perhaps some permitting issues may be included . Perhaps sometime tomorrow or Monday? Thanks, Chris AMERICAN PVERSIGHT 2 C EQ050FY 18091 _ 000003133 CEQ-18-0173-H-000040 Infrastructure Documents From: "Lai, Joseph G. EOP/WHO" (b) (6) To: bruce_evans@appro .senate.gov Cc: Date: Attachments "Swonger, Amy H. EOP/WHO" (b) (6) , "Herrgott , Alex H. EOP/CEQ" (b) (6) Mon, 12 Feb 2018 09:55:01 -0500 Infrastructure - Leg Outline .pdf (1.8 MB); Infrastructure Topline .pdf (64.42 kB); Infrastructure - 5 Pager.pdf (105.56 kB); Infrastructure - Cohn Op-Ed.pdf (90.66 kB); Infrastructure Factsheet.pdf (85.44 kB) Bruce, POTUSis rolling out his infrastructure plan at ll00AM. Formal documents attached . Look forward to working with you and your team in the coming weeks! Joe Joseph Lai Special Assistant to the President Legislative Affairs The White House (b) (6) (b) (6) - AMERICAN PVERSIGHT 1 C EQ050FY 18091_000001585 CEQ-18-0173-H-000041 BUILDIN G A STRON GER AM ERICA : PRESIDEN T DONALD J.TRUMP'S AM ERICAN INFRASTRUCTURE INITIATIVE "We will buildgleamingnew roads,bridges,highways,railways,and waterwaysall acrossour land. And we will do it with Americanheart,and Americanhands,and Americangrit." - PresidentDonaldJ.Trump BUILDING AMERICA'S INFRASTRUCTURE: Tod ay, Presid ent D onald J.Trump release d hi s legis lative goals to rebuild our Nation 's crumblin g infrastructure. The six principles include : o o o o o o $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investments with partners at the State, local, Tribal, and private level. New investments will be made in rural America, which has been left behind for too long. Decision making authority will be returned to State and local governments. Regulatory barriers that needlessly get in the way of infrastr ucture proje cts will be removed. Permitting for infrastructure projects will be streamlined and sho r tened . America's workforce w ill be supported and strengthened. STIMULATE INFRA STRUCTURE INVESTMENT: Presid ent Trump's plan w ill lead to at least $1.5 trillion in inves tments to rebuild our fai lin g inf rastructure and develo p inno va tive projects. o o o o o o $200 billio n in Federal funds will spur at least $1.5 trillion in new infrastructure investments. o Federal infrastructure spending will promote State, local, and private investments and maximize the value of every taxpayer dollar. Of the $200 billion, $100 billion will create an Incentives Program to spur additional dedicated funds from States, localities, and the private sector. o Applications for the Incentives Program will be evaluated on objective criteria, with creating additiona l infrastructure investment being the largest factor . o The Incentives Program will promote accountability, making Federal funding conditional on projec ts meeting agreed upon milestones . $20 billion will be dedicated to the Transformative Projects Program . o This program will provide Federal aid for bold and innovative projects that have the potential to dramatically improve America' s infrastructure. o The program will focus on proje cts that could have a significant positive impact on States, cities, and localities but may not attract private sector investment be cause of the project's unique characteristics. $20 billion will be allocated to expanding infrastructure finan cing programs . o Of the $20 billion, $14 billion will go to expanding a number of existing credit programs: TIFIA, WIFIA, RRIF, and rural utility lending. o $6 billion will go to expanding Private Activity Bonds. $10 billion will go to a new Federal Capital Revolving Fund, which will reduce inefficient leasing of Federal real property which would be more cost-effective to p urchase. A new fund will allow some incremental revenues from energy development on pub lic lands to pa y for the capi tal and mai ntenance needs of public lands infrastructure. INV EST IN RURAL AMERICA: Rural Am erica's infrastructure has bee n left behind for too lon g, and President Trump 's pl an will make sure it is suppo rted and mode rnize d. o /\Mlf $50 billion of the $200 billion in direct Federa l funding will be devoted to a new Rural Infrastructure Program to rebuild and modernize infrastructure in rural America. o The bulk of the dollars in the Rural Infrastructure Program will be allocated to State governors, giving States the flexibility to prioritize their communmes' needs. ll Al\ pVERSIGHT CEQ050 FY18091_000001586 CEQ-18-0173-H-000042 o The remaining funds will be distributed through rural performance grants to encourage the best use of taxpayer dollars. INCREASE STATE AND LOCAL AUTHORITY: President Trump 's proposal will return decisionmakin g authority to State and local governments, which know the needs of their communities. o Funds awarded to State and local au thorities, such as through the Incentives Program and the Rural Infrastructure Program, will be allocated to infrastructure projects they prioritize. o This empowers States and localities to make more infrastructure investment decisions and prioritize projects based on the needs of their communities o The plan will expand processes that allow environmental review and permitting decisions to be delega ted to States. o The plan will also allow Federal agencies to divest assets that can be better managed by State or local governments or the private sector . ELIMINATE REGULATORY BARRIERS: The President' s plan would eliminate barriers that prevent virtually all infra structure projects from being efficiently developed and managed . o The President's plan will: o Provide more flexibility to transportation projects that have minimal Federal funding bu t are currently required to seek Federal review and approva l. o Incentivize the efficient development and management of water infrastructure, in par t, by providing more flexibility to the U.S. Army Corps of Engineers and its partners. o Give the Department of Veterans Affairs the flexibility to use its existing asse ts to acquire new facilities by allowing it to retain prope rty sale proceeds and exchange existing faci]jties for construction of new facilities. o Expand funding eligbility for land revitalization projects through the Superfun d program and establish tools to help manage their legal and financial matters. STREAMLINE PERMITTING: President Trump's infrastructure proposal will shorten and simplify the approval process for infrastructure projects . o Working with Congress, we will: o Establish a "one agency, one decision" structure for environmen tal reviews. o Shorten the lengthy environmental review process to two years wh ile still protecting the environment. o Eliminate certain redundant and inefficient provisions in environmen tal laws. o Create two new pilot programs to test new ways to improve the environmental review process. INVEST IN OUR COUNTRY'S MOST IMPORT ANT ASSET - ITS PEOPLE: The President is proposing reforms so Americans secure good -paying jobs and meet the needs of our industries. o The President 's plan would reform Federal education and workforce development programs to better prepare Americans to perform the in-demand jobs of today and the futur e. This includes: o Making high-quality, short-term programs that provide students with a certification or credential in an in-demand field eUgible for PeU Grants. o Reforming the Perkins Career and Technical Education Program to ens ure more students have access to high -quality technical education to develop the skills required in toda y's economy. /\Mlf 1 ll Al\ pVERSIGHT 2 CEQ050FY18091_000001586 CEQ-18-0173-H-000043 o Better targeting Federal Work-Study funds to help more students obtain important workplace experience, including through apprenticeships . /\MERICA~ pVERSIGHT 3 CEQ050FY18091_000001586 CEQ-18-0173-H-000044 Legislative Outline for Rebuilding Infrastructure in America THE pVERSIGHT WHITE 1 HOUSE CEQ050FY18091_000001587 CEQ-18-0173-H-000045 TO THE CONGRESSOF THE UNITED STATES: I have enclosed with this message my Administration's framework for rebuilding infrastructure in America. Our Nation's infrastructure is in an unacceptable state of disrepair, which damages our country's competitiveness and our citizens' quality of life. For too long, lawmakers have invested in infrastructure inefficiently, ignored critical needs, and allowed it to deteriorate. As a result, the United States has fallen further and further behind other countries. It is time to give Americans the working, modern infrastructure they deserve. To help build a better future for all Americans, I ask the Congress to act soon on an infrastructure bill that will: stimulate at least $1.5 trillion in new investment over the next 10 years, shorten the process for approving projects to 2 years or less, address unmet rural infrastructure needs, empower State and local authorities, and train the American workforce of the future. To develop the infrastructure framework I am transmitting today, my Administration engaged with Governors, mayors, Federal agencies, State and local agencies, Members of Congress, industry, and most importantly, the American people who depend on upgraded infrastructure. The product of these efforts is a roadmap for the Congress to draft and pass the most comprehensive infrastructure bill in our Nation's history. My Administration's plan addresses more than traditional infrastructure - - like roads, bridges, and airports - - but addresses other needs like drinking and wastewater systems, waterways, water resources, energy, rural infrastructure, public lands, veterans' hospitals, and Brownfield and Superfund sites. The reforms set forth in my plan will strengthen the economy, make our country more competitive, reduce the costs of goods and services for American families, and enable Americans to build their lives on top of the best infrastructure in the world. My Administration is committed to working with the Congress to enact a law that will enable America's builders to construct new, modern, and efficient infrastructure throughout our beautiful land . THE WHITE HOUSE, /\MERICAi\ pVERSIGHT 2 CEQ050FY18091_00000 1587 CEQ-18-0173-H-000046 TABLEOFCONTENTS PART1-FUNDING AND FINANCINGINFRASTRUCTURE IMPROVEMENTS .... 3 I. INFRASTRUCTURE INCENTIVES PROGRAM ...............................................................................................3 A. Establishmenl of the Incentives Program ........................................................ ................................. ........... 3 B. Applicability ...................................................................................................... ........................................... 3 C. Funding ........................................................................................................................................................ 3 D. Applications and Evaluation Criteria ...................................... ........................ ........................ .................... 4 E. Incentive Grant Awards ............................................................................................................................... 5 IL RURAL rNFRASTRUCTURE PROGRAM ........................................................................................................ 5 A. Establishment of Rural Infrastructur e Program ....................... ........................ .................... ....................... 5 B. Applicability .............................................................. ................................ ................ ........................ ........... 6 C. Funding ........................................................................................................................................................ 6 D. Distribulion of Rural Infrastru cture Program Formula Funds ................................ ........ ................ ........... 6 E. Applicalions and Evaluation Criteria for Rural Pe,formanc e Grants.................................................. ....... 7 F. Tribal Infrastructur e ................................................ .................................................................................... 7 G. Territorial Infrastru cture ............................................................................................................................. 7 ill. TRANSFO.RMATNE PROJECTS PROGRAM.................................................................................................7 A. Establishment offransformalive Projects Program ................................. ........................................ ........... 8 B. App/icability .......................................... .................. .................................................................. ................... 8 C. Funding ........................................................................... ........................ ........................ ................. ........... 8 D. Funding Tracks ............................................................................................................................................ 8 E. Technical Assistance .................................................................................................................................... 9 F. Applicalions and Evaluation Criteria ....................... ................ ........................ ........ ............ ....................... 9 G. Partn ership Agreement and Project Mileston es ........................................................................... ........... 9 H. Value Sharing Structure for Capilal Construction Track ................. ........................................................... 9 I. Performance Moniloring and Oversight ......................................................................................... ............. 9 TV.INFRASTRUCTURE FINANCING PROGRAMS .......................................................................................... 10 A. Expa nd Transportation Infrastru cture Finance and Innovation Acl ([JFJA) Funding and Broaden Program Elig ibility ................................................................... ................ ............................ ..................... l 0 B. Etpand Railroad Rehabilitation and lmprov emenl Financing (RRJF) and Broaden Program Eligibility JO C. Expand Water infrastructure Finance and Innovation Act (WIFJA) Funding and Broaden Program Eligibility ................................................................................................................................................... 11 D. Etp and Deparlmenf of Agriculture Rural Ulilities Service (RUS) Lending Programs Funding ............... 13 E. Creole Flexibility and Broaden Eligibility lo Facilitate use of Priva/e Aclivity Bonds (PABs) ................ 13 V. PUBLIC LANDS INFRASTRUCTURE ............................................................................................................ 16 A. Eslablish Int erior Maintenan ce Fund ........................................................................................................ 17 Vl . DISPOSITION OF FEDERAL REAL PROPERTY ......................................................................................... L7 A. Codify Accelerated Depreciation for the Disposilion of Non-Federal Assets with a Federal Jnlerest Due lo Grant Receipt ....................................... ......................... ............... .......................................................... I 7 B. Slreamline and Improve the Federal Real Prop erty Dispo sal Proc ess ............ ......................................... 17 C. Authoriz e Federal Divestiture of Assets thal Would Be Belter Managed by State, Local, or Private Entities ...................................................... ........................ ........ ................ ........ ........ ................................. I 9 VU. FEDERAL CAPITAL FINANCING FUND .................................................................................................... L9 A. Create Federal Capital Financing Fund .......... ......................................................................................... 19 PART2-ADDITIONAL PROVISIONS FOR INFRASTRUCTURE IMPROVEMENTS20 L TRANSPORTATION ..........................................................................................................................................20 A. 8. Financing ...................................................................................................................................................20 Ifighways .................................................................................................................. ................................ .22 /\MERICAi\ pVERSIGHT 3 CEQ050FY18091 _00000 1587 CEQ-18-0173-H-000047 C. Transit ................... .................... ............... ................................................. ............... ......... ................ ......... 24 D. Rail ........................................... ................................................ ................ ................ ........ .................. ....... 25 E. Ahporls ............................................................................................................. ......................................... 26 ll. WATE R JNFRASTRUCTUR.E ........................... .................... ............... ........................ .................................... 27 A. Financing .................................. ................ ........................ ........ ................ .................. ...................... ......... 27 27 B. Water Programs ......................................................................................................................................... C. inland Waterways ..................................... ........................ ......................................................................... 28 D. Waler Infrastructure Resources ........................ ................ ........ ........ ........ ........ ........ ........ ................ ........ .29 ID.VETERANSAFFAIRS..................................................................................................................................... 31 A. Provide VA Real Property Flexibilities ............................................ ................ ......................................... 31 IV. LAND REVI TALIZATION (BROWNFIELD /SUPERFUND REFORM) ......................... ................ .............. 32 A. Create a Superji.md Revolving Loan Fund and Gran/ Program and Authorize National Priorities Lisi Sites lo be Eligible.for Brownfield Granls ................ ................................................................ ................. 32 B. Provide Liability Relief for States and Municipalities Acquiring Contaminated Property through Actio ns as Sovereign Governments ..................... ................ ........................................................... ........................ .33 C. Provide EPA Express Setllemenl Authority to Enter into Administrative Agreemen ts .............................. 33 D. Integrate Cleanup, Infrastructure and Long-term Stewardship Needs by Creating Flexibility in Funding and Execution Requirements .............................. .............................................. ................ ......................... 34 PART 3-INFRASTRUCTURE PERMITTINGIMPROVEMENT............... ........... 35 I. FEDERALROLE ............ .................................................................................................................................... A. B. C. D. ?. F. 35 Establishing a "One Agency, One Decision" Environmental Review Structure ....................................... 35 Reducing in efficiencies in Environmental Reviews .......... ........ ................................................................. 35 Protecting Clean Water with Greater Efficiency ............................................. .......................................... 42 Reducing Inefficiencies in the Magnuson Stevens Ac/ ...................................................... ................ ........ .44 Reducing Ineffic iencies in Protecting Clean Air ....................................... .................................... ............. 44 Redu cing ineffic iencies in Presen 1ing Publicly Owned Land and Historic Properties ..... ........................45 II. DELEGATIO N TO STATES .................................. ............................. .......................... ......................... 47 A. Expand Department of 1lw1sporlalion NEPA Assignment Program lo Other Agencies .......................... .47 B. Allow States to Assume FHWA Responsibilities for Approval of Right-of-Way Acquisilions ................... .47 C. Broaden NEPA Assignment Program lo include Other Determinalions .................................................. .48 Ill. PlLOT PROGRAMS ................................................................................................. .................................. ..... .48 A. Pe1for111ance-BasedPilot .......................... ........................ ......................................................................... 48 B. Negotiated Mitigation Pilot ....................................................................................................................... 49 IV. JUDICIALREFORM .................................... .................................... ......... .................................... ................. .49 A. Limit Injun ctive Relief lo E--,ceplionalCircumstances ............................................................................... 49 B. Revise Statute of Limitations for Federal lnfraslructure Permits or Decisions lo 150 Days ............... ..... 50 C. Provide Certainly in Claims on Currentness of Data in Environmen tal Reviews and Permits ................. 50 PART 4 - WORKFORCE DEVELOPMENT...... .................................... ............... ... 51 A. ACCESS TO EDUCATION AND WORKFORCE DEVELOPMENT PRO GRAMS .......... ........................ .... .51 A. Expand Pell Grant Eligibility to High-Quality, Short -Term Programs ..................................................... 5/ B. Reform Career and Technical Education ................................. ................ ........ ......................................... 52 C. Strengthen Ties lo the Workforce.for College Students .................................................................... ......... 52 II. EMPOWERING WORKERS ................. ........................................................................................................... .53 A. Reform Licensing Requirements.for Individuals Seeking a Job on an Jnfrastrucl11reProject .......... ......... 53 2 /\MERICAi\ pVERSIGHT 4 CEQ050FY18091_00000 1587 CEQ-18-0173-H-000048 PART1-FUNDING AND FINANCINGINFRASTRUCTURE IMPROVEMENTS I. INFRASTRUCTUREINCENTIVESPROGRAM States and localities are best equipped to understand the infrastructure investments needs of their communities. The infrastructure incentives program, described below, would encourage increased State, local, and private investment in infrastructure. This program would provide for targeted Federal investments, encourage innovation, stream line project delivery, and help transform the way infrastmcture is designed, built, and maintained. Under this program, States and localities would receive incentives in the form of grants. Project sponsors selected for award would execute an agreement with express progress milestones. Federal incentive funds would be conditioned upon achieving the milestones within identified time frames. Establishment of the Incentives Program A. This provision would establish the Incentives Program to maximize investment in infrastructure. The purposes of this program would includeo attracting significant new, non-Federal revenue streams dedicated to infrastructure investments; o creating significant leverage of Federal infrastructure investments; o assuring long - term performance of capital infrastructure investments; o modernizing infrastru cture project delivery practices; o increasing economic growth; o spurring the development and use of new and rapidly evolving infrastructure techno logy to improve cost and improve performance; and o ensuring Federal grant recipients are accountable for achieving specific, measurable milestones. Applicability B. The Incentives Program would provide support to wide-ranging classes of assets, including the following governmental infrastructure: surface transportation and airports, passenger rail, ports and waterways, flood contro l, water supply, hydropower, water resources, drinking water facilities, wastewater facilities, stormwater facilities, and Brownfield and Superfund sites. C. Funding o $100 billion would be made available for the Incentives Program. The funds would be divided in specific amounts to be administered by the United States Department of Transportation (DOT), United States Army Corps of Engineers (USACE),and Environmental Protection Agency (EPA). 3 /\MERICAi\ pVERSIGHT 5 CEQ050FY18091_000001587 CEQ-18-0173-H-000049 o o D. Other Federal agencies seeking to incentivize eligible projects within their areas of jurisdiction could petition DOT, USACE,or EPA to transfer Incentives Program funds to be used consistent with the requirements under the program. A percentage of the Incentives Program funds would be set aside for temporary administrative expenses necessary to administer the program. Applications and Evaluation Criteria o o o o o Each lead Federal agency would solicit application s as soon as practi cable after enactment of the Incentives Program and every six months thereafter. Each lead Federal agency would determine the content, format, and timing of app lications and would make incentive awards. Applications also would include information on each of the evaluation criteria. The evaluation criteria would be o the dollar value of the project or program of projects (weighted at 10 percent); o evidence supporting how the applicant will secure and commi t new, non Federal revenue to create sustainab le, long - term funding for infrastructure investments (weighted at 50 percent); o evidenc e supporting how the applicant will secure and commit new, nonFederal revenue for operation s, maint enance and rehabilitation (weighted at 20 percent); o update s to procurement policies and project delivery approaches to improve efficiency in project delivery and operations (weighted at 10 percent); o plans to incorporate new and evolving technologi es (weighted at 5 percent); and o evidence supporting how the project will spur economic and social returns on investment (weighted at 5 percent). Each lead Federal agency would calculate each application score by multip lying the weighted score from the evaluation criteria by the percentage of non Federal revenues (out of total revenues) that would be used to fund the project or program of projects. To ensure that applicants could receive credit for actions that occurr ed prior to the enactment of the Incent ives Program that align with the desired outcomes of the progr am , the Incentives Program would include a look-bac k period. Th e look-back period would be defined as the time prece ding the project sponsor's completed application during which the new reven ue generat ion was implemented. Subsequent applicatio ns in late r years would add such additional time to the time afte r enactment of the progra m. The look-back per iod would be three years before the date of application t o the progra m , and the dete rmination would be made based on the implementation date (or take effect da te) of the new revenue source. In evaluat ing applications, the project sponsor's new reven ue applicat ion score would be multiplied by a relevant multip lier to determine scoring as illustrate d below: 4 /\MERICAi\ pVERSIGHT 6 CEQ050FY18091_00000 1587 CEQ-18-0173-H-000050 Years Passed >3 2-3 1-2 0-1 After February 2018 o E. New Revenue Credit Score Multiplier X percent X percent X percent Xpercent 100 percent The lead Federal agency would have sole discretion to provide credit for previous revenue generation . The agency could request additional information from a project sponsor to clarify how the revenue source has met expectations and revise forecasts to reflect actual performance. The amount of funds dedicated to the look - back would not exceed 5 percent of the total amount for the Incentives Program. Incentive Grant Awards o An incentive grant could not exceed 20 percent of new revenue. o Any individual State could not receive more than 10 percent of the total amount available under the Incentives Program. o The lead Federal agency and the grant recipient would enter into an infrastructure incentives agreement setting forth progress milestones toward obtaining increased revenue that the recipient would achieve prior to receiving the grant award, which could include advance grant disbursements. o Any agreement with incomplete milestones after two years would be voided, except upon determination by the lead Federal agency that good cause exists to renew the agreement for an additional period not to exceed one year. Any funds available from a voided agreement could be re-allocated through a new application process. II. RURALINFRASTRUCTUREPROGRAM The Rural Infrastructure Program, described, below would provide for significant investment in rural infrastructure to address long -unm et needs. This investment is needed to spur prosperous rural economies, facilitate freight movement, improve access to reliable and affordable transportation options and enhance health and safety for residents and businesses. Under this program, States would be incentivized to partner with local and private investments for completion and operation of rural infrastructure projects. A. Establishment of Rural Infrastructure Program This provision would establish a Rural Infrastructure Program too improve the condition and capability of rural infrastructure through capital improvements and outcomes - driven planning efforts that enhance private 5 AMERICAN PVERSIGHT 7 C EQ050FY 18091_000001587 CEQ-18-0173-H-000051 o o o B. sector productivity, modernize existing infrastructure systems, and prioritize projects essential for efficiency and safety; expand access to markets, customers, and employment opportunities with projects that sustain and grow business revenue and personal income for rural Americans; enhance regional connectivity through public and private interregional and interstate rural projects and initiatives that reduce costs for sustaining safe, quality rural communities; and increase rural economic growth and competitiveness by closing local infrastructure gaps in development - ready areas to attract manufacturing and economic growth to rural America. Applicability o Eligible asset classes unde r the Rural Infrastructure Program would include: Transportation: roads, bridges, public transit, rail, airports, and maritime and inland waterway ports. o Broadband (and other high-speed data and communication conduits). o Water and Waste: drinking water, wastewater, stormwater, land revitalization and Brownfields . o Power and Electric: governmental generation, transmission and distribution facilities. o Water Resources: flood risk management, water supply, and waterways. This program only would apply to the specified asset classes and to other infrastructure assets directly attributable to, and essential to, the operation of those assets. o o C. Funding o o o o o D. $50 billion would be made available to the Rural Infrastructure Program for capital investments in rural infrastructure investments. 80 percent of the funds under the Rural Infrastructure Program would be provided to the governor of each State via formula distribution. The governors, in consultation with a designated Federal agency and State directors of rural development, would have discretion to choose individual invest ments to respond to the unique rural needs of their States. 20 percent of the funds under the Rural Infrastructure Program would be reserved for rural performance grants within eligible asset classes and according to specified criteria. Funds made available to States under this program would be distributed as block grants to be used for infrastructure projects in rural areas with populations of less than 50,000. A portion of the Rural Infra structure Program funds would be set aside for Tribal infrastructure and territorial infrastructure, with the remainder available for States. Distribution of Rural Infrastructure Program Formula Funds 6 /\MERICAi\ pVERSIGHT 8 CEQ050FY18091_000001587 CEQ-18-0173-H-000052 o The statute would create a "rura l formu la,,, calculated based on rural lane miles and rural population adjusted to reflect policy objectives. Each State would receive no less than a specified statutory minimum and no more than a specified statutory maximum of the Rural Infrastructure Program formula funds, automatically. Applications and Evaluation Criteria for Rural Performance Grants E. o o F. In addition to receiving formula funds under the Rural Infrastructure Program, States also could apply for rural performance grants and would be encouraged to do so within two years after enactment. Rural performance grants would be available for up to ten years after enactment or until funds were expended. In order to qualify for rural performance grants, a State would be required to: o Publish a comprehensive rural infrastructure investment plan (RIIP) within 180 days of receiving rural formula funds. The RIIP would demonstrate how the State's intended rural projects align with the evaluation criteria in the infrastructure incentives program, including State, local and private sector investment in eligible projects. o Demonstrate the quality of any investments planned with rural performance funds. o Demonstrate performance in leveraging formula distributions with Federal credit programs and rewarding rural interstate projects through the infrastructure incentives program. o Demonstrate the State's performance in utilization of Rural Infrastructure Program formula funds, consistent with the RIIP based on stated general criteria. For specific sectors, a State also would demonstrate other criteria the administering agency determines appropriate consistent with this program, including increased broadband availability and investment. Tribal Infrastructure o G. The Rural Infrastructure Program also would ensure investment in Tribal infrastructure by providing dedicated funding to the Secretary of Transportation for distribution through the Tribal Transportation Program and to the Secretary of Interior for distribution through grants or awards to Tribes determined by a process created in consultation with Tribes. Territorial Infrastructure o The Rural Infrastructure Program also would provide dedicated funding to address infrastructure needs of U.S.Territories. III . TRANSFORMATIVE PROJECTSPROGRAM 7 /\MERICAi\ pVERSIGHT 9 CEQ050FY18091_000001587 CEQ-18-0173-H-000053 The Transformative Projects Program, described below, would provide Federal funding and technical assistance for bold, innovative, and transformative infrastructure projects that could dramatically improve infra structure. Funding under this program would be awarded on a competitive basis to projects that are likely to be commercially viable, but that possess unique technica l and risk characteristics that otherwise deter private sector investment. The Transformative Projects Program would support projects that, with Federal support , are capable of generating revenue, would provide net public benefits, and would have a significant positive impact on the Nation, a region, State, or metropolitan area. Establishment of Transformative Projects Program A. This provision would establish a program to advance transformative projects. The purpose s of the Transformative Projects Program would includeo significantly improving performance , from the perspective of availability, safety, reliability, frequency, and service speed; o substantially reducing user costs for services; o introducing new types of services; and o improving services based on other related metrics. B. Applicability o o The Transformative Projects Program would fundamentally transform the way infrastructure is delivered or operated. They would be ambitious, exploratory , and grou nd -breaking project ideas that have sign ificantly more risk than standard infrastructure projects, but offer a much larger reward profile. Infrastructure sectors covered by this program could include, but would not be limited to, the transportation , clean water, drinking water, energy, commercial space, and broadband sectors. Funding C. $20 billion would be made available for the Transformative Projects Program. The Department of Commerce (DOC)would serve as the Chair for the purposes of program administration and could request other relevant Federal agency employees to serve on a temporary assignment to assist in the administration of this program. o A percentage of the Transformative Projects Program funds would be set aside for temporary administrative expenses necessary to administer the program, including technical assistance. o o Funding Tracks D. o Funding und er this program would be available under three tracks, each of which would be designed to support a distinct phase of the project life cycle: 8 /\MERICAi\ pVERSIGHT 10 CEQ050FY18091_000001587 CEQ-18-0173-H-000054 o demonstration, project planning, and capital construction. Applicants could apply for funding under all three tracks or under individual tracks. To optimize the return on taxpayer investment, funding under this program could be used fora up to 30 percent of eligible costs under the demonstration track; a up to 50 percent of eligible costs under the project planning track; and a up to 80 percent of eligible costs under the capital construction track Technical Assistance E. o An applicant could seek technical assistance from the Federal Government in addition to the funding tracks, or could seek technical assistance alone under the Transformative Projects Program. Applications and Evaluation Criteria F. o G. The DOCwould administer the Transformative Projects Program with an interagency selection committee composed of representatives of relevant Federal agencies. The Secretary of Commerce would serve as the chair of the committee . Given the multidisciplinary nature of the Transformative Projects Program, interagency evaluation panels comprised of individuals from the applicable Federal agencies would review and evaluate all applications. Partnership Agreement and Project Milestones o H. Applicants selected for award under the Transformative Projects Program would enter into a partnership agreement with the Federal Government, which would specify the terms and conditions of the award, major milestones, and other key metrics to assess performance. Value Sharing Structure for Capital Construction Track o As a condition of receiving any financial assistance for a construction project under the capital construction track, an applicant would be required to include in its partnership agreement a value share agreement with the Federal Government. The terms of the value share agreement would vary by project based on the characteristics of the specific project and its projected revenue profile. Each agreement would provide the terms for the Federal Government to share in any project value. Performance Monitoring and Oversight I. o Given the innovation and substantial Federal support projects would receive under this program, the recipients would be required to publish performance information upon achieving milestones and upon project completion. The lead 9 AMERICAN PVERSIGHT 11 C EQ050FY 18091_000001587 CEQ-18-0173-H-000055 Federal agencies also would conduct regular audits to ensure that funds were used for eligible costs. IV. INFRASTRUCTUREFINANCINGPROGRAMS The below infrastructure financing proposals would dedicate $20 billion of the overall amount to advance major, complex infrastructure projects by increasing the capacity of existing Federal credit programs to fund investments and by broadening the use of Private Activity Bonds (PABs). Of the appropriated funds, $14 billion would be made available for the expansion of existing credit programs to address a broader range of infrastructure needs, giving State and local governments increased opportunity to finance large-scale infrastructure projects under terms that are more advantageous than in the financial market. All funds remaining in credit programs ten years after enactment would be diverted to the Federal capital financing fund, to allow for efficient acquisition of real property. The budgetary cost for the expansion of PABswould be $6 billion. These provisions would provide tools and mechanisms for market participants to invest in public infrastructure. Expand Transportation Infrastructure Finance and Innovation Act (TIFIA) Funding and Broaden Program Eligibility A. o Additional budget authority would be made available to DOTfor subsidy costs under TIFIA Specific funds set aside from the appropriated subsidy would be appropriated to DOT,notwithstanding Section 2001 of the Fixing America's Surface Transportation Act of 2015, and would remain available until end of Fiscal Year 2028. o Supportairport and non-Federalwaterwaysand portsfinancing options. TIFIA currently limits project eligibility to those that are eligible for Federal assistance through existing surface transportation programs (highway projects and transit capital projects). Port and airport infrastructure enhancement and expansion projects across the United States do not have access to the credit assistance that is available via TIFIAfor other types of transportation infrastructure projects, making it more difficult for project sponsors to pursue alternative project delivery for airports and to implement critical airport infrastructure improvements. Amending the project eligibility in the TIFIA statute to enable TIFIA to offer loans and other credit assistance to non - Federal waterways and ports and airport projects (such as renovated or new passenger terminals, runways, and related facilities) would incentivize project delivery for airports and ports and would accelerate overall improvements in airport and seaport infrastructure. B. Expand Railroad Rehabilitation and Improvement Financing (RRIF) and Broaden Program Eligibility 10 /\MERICAi\ pVERSIGHT 12 CEQ050FY18091_000001587 CEQ-18-0173-H-000056 o o C. Additional budget authority would be made available to DOTfor subsidy costs under RRIF. Specific funds set aside from the appropriated subsidy would be appropriated to DOT, notwithstanding Section 2001 of the Fixing America's Surface Transportation Act of 2015, and would remain available until end of Fiscal Year 2028. Subsidize RRIFfor short-line freight and passenger rail. The current RRIF law does not provide specific subsidies or incentives for either short-line freight rail or passenger rail projects. A subsidy is not currently provided to cover the cost of the RRIF credit risk premium, so the project sponsor is always required to pay that amount at the time of the loan disbursement. The cost of the credit risk premium is often cited as one of the reasons that project sponsors, including those in the short - line freight rail and passenger rail sectors, are reluctant to pursue RRIF financing. Amending the law (45 U.S.C.822) to provide a subsidy to cover the RRIF credit risk premium for short - line freight and passenger rail project sponsors would incentivize more project sponsors to pursue RRIF credit assistance for projects. This, in turn, would leverage more State and local funds for rail infrastructure development. Expand Water Infrastructure Finance and Innovation Act (WIFIA)Funding and Broaden Program Eligibility o Additional budget authority would be made available to EPAfor subsidy costs underWIFIA 1 and the current lending limit of $3.2 billion would be removed. Specific funds set aside from the appropriated subsidy would be appropriated to the EPA, notwithstanding Section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, and would remain available until end of Fiscal Year 2028. o This proposal includes the following additional reforms to WIFIA: o ExpandEPA'sWIFIAauthorization to include non-Federalflood mitigation, navigation and water supply. Currently, WIFIAis authorized for almost all types of water projects. While EPAhas drought mitigation and stormwater mitigation authorities, it lacks authority for flood mitigation, hurricane and storm damage reduction, navigation, environmental restoration, and restoration of aquatic ecosystems (which has principally been within USACE'sjurisdiction). This creates an unnecessary and arbitrary carve-out of integrated water projects to which EPAis unable to provide loans because those types of projects are not authorized by EPA, only by USACE. Amending the law (33 U.S.C.3905) to include flood mitigation, navigation and water supply would allow EPAto service the full water cycle and provide one streamlined and integrated lending process to project sponsors. o Eliminate requirement under WIFIAfor borrowers to be community water systems. Currently, a public authority that sells water directly to another water provider is not a community water system and is not eligible for WIFIAfunding unless specific statutory authority is provided. Without explicit statutory eligibility, this type of public authority (e.g., a desalination 11 /\MERICAi\ pVERSIGHT 13 CEQ050FY18091_00000 1587 CEQ-18-0173-H-000057 plant) is unable to receive WIFIAfunding. Removing the restriction that requires borrowers to be "community water systems" instead of just ((water systems>> (33 U.S.C.3905) would allow drinking water providers and other public authorities to participate in WIFIAand the Drinking Water State Revolving Fund (DWSRF)programs. o o o Authorize Brownfieldrehabilitationand cleanupof Superfundsites under WIFIA. Currently, only specific water sector projects are authorized under WIFIA. Brownfield and Superfund programs do not have access to a Federal lending program that requires large upfront funding and repayment based on later development. Broadening eligibility under WIFIA(33 U.S.C.3905) to include remediation of water quality contamination by non - liable parties at Brownfield and Superfund sites would enable greater use of the program to address water quality issues. A separate account would be appropriate for individual eligibilities and ranking metrics because new revenues would be more speculative and would lower the leveragability ratio for all WIFIA loans. Reducerating agency opinionsfrom two to onefor all borrowers. Current law requires borrowers to provide two opinion letters from rating agencies for WIFIAloans. Opinion letters can be expensive and time intensive for borrowers to obtain. Reducing from the number of required rating agency final opinions for borrowers (33 U.S.C.3907) to allow for one opinion letter instead of two would reduce WIFIAborrowing costs for borrowers. At the same time I retaining agency authority to request two letters from a borrower under WIFIAwould ensure continued protection of Federal interests and would minimize default risk when a project warrants a second letter. ProvideEPAauthority to waive the springinglien in certainlending situations. Currently, loans under WIFIAmust have a springing lien in place. This is a problem when a project sponsor has outstanding senior debt obligations. Without a waiver to the springing lien requirement, the sponsor has to use more expensive debt, and WIFIAhas less security in the special purpose vehicle. Amending the law (33 U.S.C.3908(b)) to allow for a waiver of the WIFIAspringing lien in certain instances similar to the TIFIA statute (23 U.S.C.603(b)) (i.e., where a project has an A category rating, where the pledge is not dependent on project revenue, or where the borrower is a public sector borrower) would allow for the most efficient capital structure for agencies with existing senior debt. o Increasethe base level of administrativefunding authorizedto ensureEPAhas sufficientfunding to operate the WIFIAprogram. The current authorized administrative funds level for EPAwas determined when WIFIAwas a pilot program and may not be sufficient to cover both administrative costs and the fronting of underwriting costs, especially with our proposed expansion ofWIFIA. Authorizing an administrative set - aside (33 U.S.C.3912(b)) to an amount in line with similar programs would more accurately reflect the costs required to administer the WIFIAprogram and would allow for hiring appropriate staff for the oversight efforts associated with a larger portfolio. 12 /\MERICAi\ pVERSIGHT 14 CEQ050FY18091_000001587 CEQ-18-0173-H-000058 Remove the restrictionon the ability to reimbursecosts incurredprior to loan closingunder WIFIA.A recent amendment to WIFIArestricts the WIFIA program's ability to reimburse costs incurred prior to loan closing. This amendment, part of the Water Infrastructure Improvements for the Nation Act (WIIN Act), attempts to ensure that costs incurred prior to loan closing may be considered eligible project costs. However, the WUN amendment only allows non-WIFIA funds to reimburse the costs. Revising the law (33 U.S.C.3908(b)) to provide that costs incurred prior to loan closing are eligible costs that can be covered by the WIFIAloan would prevent the borrower from having to raise significant sums of money prior to loan closing. o Expandthe WIFIA program to authorize eligibilityfor credit assistancefor water system acquisitionsand restructurings.Currently, projects only are allowed to access WIFIA for acquisitions of water systems prior to substantial completion, similar to TIFIA. This prevents WIFIA funds from being used for acquisition of water systems after they are completed, or substantially completed. Expanding WIFIA authorization (33 U.S.C.3905) to allow for acquisitions and restru cturings would enable WIFIA as a mechanism for consolidation in the water industry. o ExpandWIFIAauthorization to includeFederaldeauthorized water resource projects. Currently, WIFIA is authorized for non - Federal water resource projects unless they are deemed Federal projects. Once deemed Federal, a project is no longer eligible for WIFIAborrowing, even if no Federal funding is used. This hinders the ability to incentivize non- Federal involvement for USACEprojects. Authorizing USACEto defederalize water resource projects upon transfer of title and ownership from the Federal Government to a willing and capable non - Federal entity would enable WIFIA to be used for these projects. o D. Expand Department of Agriculture Rural Utilities Service (RUS) Lending Programs Funding o E. Additional budget authority would be made available to the USDAfor loan subsidy costs under RUSlending programs. Specific funds set aside from the appropriated subsidy would be made available to the USDA,notwithstanding applicable sections of the Agriculture Act of 2014, and would remain available until end of Fiscal Year 2028. Create Flexibility and Broaden Eligibility to Facilitate use of Private Activity Bonds (PABs) o These provisions would create flexibility and broaden eligibility to facilitate use of PABsto leverage financing for public-purpose infrastructure projects. These provisions also would allow for greater Federal leverage and therefore more efficient infrastructure improvements. 13 /\MERICAi\ pVERSIGHT 15 CEQ050FY18091_00000 1587 CEQ-18-0173-H-000059 o o Require public attributes for public infrastructure projects. In extending tax exemptions to private enterprises, tax benefits could go to purely private enterprises, which would not be beneficial to the public or a sound use of public tax benefits. Requiring public infrastructure projects to have the following public attributes would ensure the public nature of eligible infrastructureo either State or local governmental ownership or private ownership under arrangements in which rates charged for services or use of projects are subject to State or local governmental regulatory or contractual control or approval; and o availability of projects for general public use (e.g., public roads) or provision of services to the genera l public (e.g., water service). For purposes of the governmental ownership alternative under the public attributes requirement, a new safe harbor would treat a project as governmentally owned when a State or local governmental unit leases the project to a private business provided that o the term of the private lease is no longer than 95 percent (rather than 80 percent under the existing safe harbor) of the reasonably expected economic life of the project; o the private lessee irrevocably agrees not to take depreciation or investment tax credit with respect to the project; and o the private lessee has no option to purchase the project other than at fair market value. Broaden eligibility of PABs. Current law includes a limited list of exempt facilities eligible to be financed with tax-exempt bonds. Additionally, different categories of exempt facilities are subject to varying requirements, which restricts the usefulness of PABs. This limits the potential financing tools that can be used to facilitate performance -based infrastructure, both for a wide variety of transportation projects and other public-purpose infrastructure projects. The revised parameters would allow longer-term private leases and concessio n arrangements for projects financed with PABs. Amending the law (26 U.S.C.142) to allow broader categories of public-purpose infrastructure, including reconstruction projects, to take advantage of PABswould encourage more private investment in projects that benefit the public. Allowing privately financed infrastructure projects to benefit from similar tax-exempt financing as publicly financed infrastructure projects would increase infrastructure investment. This proposal would expand and modify eligible exempt facilities for PABsto include the following public infrastructure projects. o Existing categories: o airports (existing category); o docks, wharves, maritime and inland waterway ports, and waterway infrastructure, includin g dredging and navigation improvements (expanded existing category); o mass commuting facilities (existing category); o facilities for the furnishing of water (existing category); o sewage facilities (existing category); o solid waste disposal facilities (exist ing category); 14 /\MERICAi\ pVERSIGHT 16 CEQ050FY18091_000001587 CEQ-18-0173-H-000060 Modified categories: o qualified surface transportation facilities, including roads, bridges, tunne ls, passenger railroads, surface freight transfer facilities, and other facilities that are eligible for Federal credit assistance under title 23 or 49 (i.e., qualified projects under TIFIA) (existing category with modified description); o hydroelectric power generating facilities (expanded existin g category beyond environmenta l enhancements to include new construction); o flood contro l and stormwater facilities (new category); o rural broadband service facilities (new category); and o environmental remediation costs on Brownfield and Superfund sites (new category). o Eliminatethe AlternativeMinimum Taxpreferenceon PABs. One reason why PABshave been underutilized is due to the punitive market interest rate effect of the Alternative Minimum Tax (AMT)tax preference on PABs,which adds an estimated 30-40 basis points (0.30-0.40 percent) yield premium to the borrowing rate for PABscompared to traditional governme ntal municipa l bonds due to the more limited demand. This creates inconsistent premi um s for service providers and disincentives for borrowers to use this financing mechanisms. Elimin ating the AMTpreference on PABswould lower borrowi ng costs and inc rease the utilization of PABs. o Remove State volume caps and transportation volume caps on PABsfor public purpose infrastructure projectsand expand eligibilityto ports and airports. Clean water and drinking water projects curren tly are subject to State volume caps for PABs,based on population. In recent years, as little as 1- 1.5 percent of all exempt bonds were issued to water and wastewater projects. Exceptions from the volume cap currently are provided for other governmentally owned facilities such as airports, ports, housing, high-speed intercity rail, and solid waste disposa l sites. Additionall y, many performance-based infrastructure projects for transportation facilities described in 26 U.S.C. 142(m) have taken advantage of PABs,which allow private sector developers to benefit from similar tax-exempt subsidies provided to public sector borrowers. The law establishes a na tion wide volume cap of $15 billion for these projects, to be allocated by the Secretary of Transportation. o These caps create uncertainty as to the availability of PABsin the future, as projects require long lead times for development, and no additional PABs may be issued for this type of facility once th e cap has been exhausted. o Amending 26 U.S.C.146 to remove the popul ation-based volum e cap applicable to PABsfor public purpose infrastructure projects of the types covered by thi s proposal that have the requisite public att ributes would level the playing field between public and private service providers. o Amending 26 U.S.C.142(m) to elimina te the nationwide cap would provide certainty that PABswould be available to a project sponsor as it developed and evaluated a project's financial strategy. This provision would apply only if a State volume cap did not alr eady apply. o 15 /\MERICAi\ pVERSIGHT 17 CEQ050FY18091_000001587 CEQ-18-0173-H-000061 o o Providechange-of-use provisionsto preservethe tax-exempt status of governmental bonds. Currently, when a public project is purchased by a private service provider, the tax - exempt status is eliminated when the private use limits on government bonds are exceeded. This creates a structural barrier to the private sector acquiring projects because that cost premium must be funded at closing. Adding change-of-use curative provisions (26 U.S.C.150) to protect the tax - exempt status of governmenta l bonds in transactions involving private business use of projects financed with governmental bonds that otherwise would violate private business use limits on those bonds (e.g., private leases) would eliminate this private sector barrier. One curative action would allow alternative business use of the public project in a manner that would qualify as an infrastructure project eligible for a new issuance of PABsunder the proposal. Another curative action would allow recycling of an amount equal to the total present value of a private lease of any project financed with governmental bonds into expenditures for governmental use within two years of the lease. Provide change-of-use curesfor private leasingof projects to ensurepreservation of tax exemptionfor infrastructureprojects. Currently, Treasury regulations allow certa in change - of- use remedial actions to preserve the tax exemption for the tax-exempt governmental bonds upon a violation of private business use restrictions. Existing remedial actions include: defeasance of the outstanding bonds, "recycling" amounts received to qualifying government uses within two years, or alternative use of a project in a way that would qualify for tax - exempt bonds (including PABs) if retested at the time of use. These change-of-use cures do not include private leasing as a remedia l action that would preserve tax-exempt status of the bonds. Therefore, the private sector market participants are not able to access the tax - exempt debt market for public infrastructure. Providing for tailored change-of - use remedial actions that preserve the tax exemption status upon private leasing of projects subject to outstanding tax-exempt government bonds or allowing "recycling>> the tota l present value of the private lease payments into public and governmental uses within two years would ensure the assets retain the tax-exempt status of the associated debt obligations. V. PUBLICLANDS INFRASTRUCTURE The below public lands provisions would enable the additional revenues generated from energy development on public lands to pay for capital and maintenance needs of public lands infrastructure. The Department of the Interior (DOI) manages an extensive infra structure asset portfolio. The infrastructure managed by the DOI includes approximately 100 1 000 miles of roads as well as dams, bridges, and irrigation and power infrastructure. Taking care of this significant asset portfolio is a persistent challenge. The National Park Service (NPS) has a deferred maintenance backlog of $11.3billion, half of which is for roads, bridges and tunnels, and the U.S.Fish and Wildlife Service also has a deferred maintenance backlog of $1.2 billion. To address this infrastructure need, this provision would establish a new infrastructure fund in the U.S.Treasury entitled the Interior Maintenance Fund (Fund) comprised of 16 /\MERICAi\ pVERSIGHT 18 CEQ050FY18091_000001587 CEQ-18-0173-H-000062 additional revenues from the amounts due and payable to the United States from mineral and energy development on Federal lands and waters. Establish Interior Maintenance Fund A. o o o o o Current ly, receipts generated from mineral and energy development on public lands are not available for capital and maintenance of public infrastructure. This limitation perpetuates the deferred maintenance backlog for public lands infrastructure. Allowing half of additional receipts generated by expanded Federal energy development to be deposited into the Fund would help the DOIaddress this backlog. Such receipts would be deposited into the Fund until the cumulative amount deposited had reached $18 billion. The receipts deposited in the Fund would be made available to the Secretary of the Interior, without fiscal year limitation , to address the deferred maintenance and capital needs for infrastructure in national parks and wildlife refuges. The DOIwould use its capital asset management systems to prioritize projects, monitor implementation, and measure results. VI. DISPOSITIONOF FEDERALREALPROPERTY The below provisions would establish authority to allow for the disposal of Federal assets to improve the allocation of economic resources in infrastructure investment. Codify Accelerated Depreciation for the Disposition of Non-Federal Assets with a Federal Interest Due to Grant Receipt A. o o o B. Currently, it is unclear which disposition actions utilities and municipalities may have undertaken with assets funded by Federal construc tion grants and earmarks. Prior to Executive Order 12803-Infrastructure Privatization (1992) -the federally funded share of any disposed asset was to be returned to Treasury. This lack of clarity results in project sponsors not understanding their responsibilities and benefits when disposing of federally funded assets and some sponsors choosing not to dispose of assets due to incorrect assumptions. Codifying Executive Order 12803 would allow accelerated depreciation for the disposition of non - Federal assets and application of those rules to any dispositions undertaken since issuance of the Executive Order. Directing the agencies to provide guidance on implementation also would provide clarity for utilities and municipalities when divesting or privatizing assets. Streamline and Improve the Federal Real Property Disposal Process o The current statutory disposal process for real property is governed primarily by title 40 of the United States Code, with many requirements that are burdensome and delay sale or disposal of federally owned assets. 17 /\MERICAi\ pVERSIGHT 19 CEQ050FY18091_000001587 CEQ-18-0173-H-000063 o o The Federal real property civilian inventory is comprised of facilities with an average age of 47 years, many of which are inefficient and outdated. Today, agencies require more flexible work environments; however, the Government largely is unable to tap into the value of the portfolio due to the current statutory limitations. Amending the statute to allow agencies to move property to market more quickly and retain the gross proceeds of sale would allow the Government to be more nimble and lower costs. o Allow the Government to take assets no longer needed by any Federal agency directly to market. Currently, title 40 of the United States Code requires agencies to screen a potential disposal for at least 12 public benefit conveyance requirements. State and local governments and certain nonprofit institutions may acquire surplus real property at discounts of up to 100 percent for various types of public use. This process can take years to complete. Allowing the Government to take assets no longer needed by any Federal agency directly to market would allow any interested party to purchase assets at fair market value without any preferences or right of first refusal. o Retain proceedsfor reinvestment in agency real property requirements. Under current law, most agencies lack retention of proceeds authority, and nearly all agencies with retention authority require an appropriation to access the funds. This creates a disincentive to agency disposition action and prevents reinvestment in mission-critical Federal facilities. Amending the statute to allow retention of proceeds and expenditure without future authorization or appropriation would allow agencies to take immediate action reinvesting in critical real property assets, reconfiguring space to improve utilization and lower costs, and disposing of additional unneeded assets. This provision also would allow proceeds to be retained without fiscal year limitation. o o Expand the allowable uses of the General Services Administration (GSA) Disposal Fund. Current authority limits GSAassistance to other Federal agencies for those activities that occur after a report of excess (which highlights unneeded real property). GSAdoes not have authority to help agencies on activities that prepare for the report of excess, which inhibits the agencies' ability to dispose of assets. Additionally, agencies do not always complete these activities because agencies must fund them from their limited resources. Expanding authority to allow GSAto support activities that occur prior to the report of excess, including identifying, preparing, and divesting properties prior to the report of excess, would reduce the Federal footprint and allow more efficient asset management. Under this provision, the same account properties would remain, allowing GSAto recover costs from the gross proceeds prior to agency retention. Eliminate the requirementto transferfunds above the identified threshold to the Land and Water ConservationFund. Current non-GSA property disposal under title 40 requires a transfer to the Land and Water Conservation Fund. Eliminating the requirement to transfer funds above the identified 18 /\MERICAi\ pVERSIGHT 20 CEQ050FY18091_000001587 CEQ-18-0173-H-000064 threshold to the Land and Water Conservation Fund would maximize the funds available to support disposition actions. C. Authorize Federal Divestiture of Assets that Would Be Better Managed by State, Local, or Private Entities o o o The Federal Government owns and operates certain infrastructure that would be more appropriately owned by State, local, or private entities. For example, the vast majority of the Nation's electricity needs are met through for-profit investor-owned utilities. Federal ownership of these assets can result in sub - optimal investment decisions and create risk for taxpayers. Providing Federal agencies authority to divest of Federal assets where the agencies can demonstrate an increase in value from the sale would optimize the taxpayer value for Federal assets. To utilize this authority, an agency would delineate how proceeds would be spent and identify appropriate conditions under which sales would be made. An agency also would conduct a study or analysis to show the increase in value from divestiture. Examples of assets for potential divestiture include o Southwestern Power Administration's transmission assets; o Western Area Power Administration's transmission assets; o Ronald Reagan Washington National and Dulles International Airports; o George Washington and Baltimore Washington Parkways; o Tennessee Valley Authority transmission assets; o Bonneville Power Administration's transmission assets; and o Washington Aqueduct. VII. FEDERALCAPITALFINANCINGFUND Before an agency can purchase real property I it must receive an appropriation for the full purchase price. The full appropriation scores in that year against the discretionary caps and against the maximum funding (the 302(b) allocation) that the Appropriations Subcommittee can provide. This is problematic for large - dollar, irregular acquisitions because they must compete with agency operating and programmatic expenses for the limited resources available. The below provisions would create a funding mechanism to address this issue. Create Federal Capital Financing Fund A. o Too often, tight spending limits mean that purchases are not funded, and agencies must resort to signing long-term leases. These are always more expensive to taxpayers over the long run because Treasury can always borrow at the lowest rate. Because rent is obligated one year at a time, the lease payments can fit within an agency 's budget without disrupting other needs. In contrast, private firms and State and local governments budget for purchases of real property in separate capital budgets so that real property purchases do not compete with annual operating needs. Their system allows proposed purchases 19 /\MERICAi\ pVERSIGHT 21 CEQ050FY18091_00000 1587 CEQ-18-0173-H-000065 o o to be compared to each other and ranked such that the ones with the highest return on investment are funded within the total capital budget. This provision would create a funding mechanism that is similar to a capital budget but operates within the traditional rules used for the Federal budget by establishing a mandatory revolving fund to finance purchases of federally owned civilian real property. Of the total appropriation, $10billion would be made available to capitalize the revolving fund. Upon approval in an Appropriations Act, the revolving fund would transfer money to agencies to finance large-dollar real property purchases. Purchasing agencies would then be required to repay the fund in 15 equal annual amounts using discretionary appropriations. As a result, purchases of real property assets would no longer compete with annual operating and programmatic expenses for the limited funding available under tight discretionary caps. Instead, agencies would pay for real property over time as the property were utilized. The repayments would be made from future appropriations, which would provide an incentive to select projects with the highest return on investment, including future cost avoidance. The repayments also would replenish the revolving fund so that real property could continually be replaced as needed. PART 2 - ADDITIONAL PROVISIONS FOR INFRASTRUCTURE IMPROVEMENTS I. TRANSPORTATION These provisions would incentivize and remove barriers to the development and improvement of transportation infrastructure in our Nation. These provisions would encourage and incentivize alternative project delivery, including State, tribal, local and private investment, in transportation; streamline Federal procedures for delivering transportation projects; and decrease barriers and reduce unnecessary Federal oversight to facilitate timely delivery of projects. This renewed investment in transportation would strengthen our economy, enhance our competitiveness in world trade, create jobs and increase wages for our workers, and reduce the costs of goods and services for our families. A. Financing 1. ProvideStates Tolling Flexibility o ProvideStates flexibility to toll on Interstates and reinvesttoll revenuesin infrastructure. Currently, Federal law allows tolling Interstates in limited circumstances. Tolling restrictions foreclose what might otherwise serve as a major source of revenue for infrastructure investment. Providing States flexibility to toll existing Interstates would generate additional revenues for States to invest in surface transportation infrastructure. Current requirements that States must reinvest toll revenues in infrastructure would continue to apply. 20 /\MERICAi\ pVERSIGHT 22 CEQ050FY18091_000001587 CEQ-18-0173-H-000066 o Reconcilethe grandfathered restrictionson use of highway toll revenues with current law. Toll facilities that received Federal approval under the Surface Transportation and Uniform Relocation Assistance Act of 1987 (STURRA)may use toll revenues only for the construction, reconstruction, operation, and debt service of the toll facility itself. Current law, however, allows other toll facilities to use toll revenues (in addition to the costs noted above) on other title 23 projects. The tighter restrictions, specific to the STURRAtoll facilities, prevent some States from devoting existing toll revenues to other critical highway projects. Adjusting the STURRA<s capability are not feasible alternatives for purposes of NEPAwould allow agencies and applicants to focus their resources and analyses on those alternatives that are actually legally, technically, and economically feasible. Directthe Council on Environmental Qualityto Issue Regulations to Streamline the NEPAProcess 3. o o o Council on Environmental Quality (CEQ)regulations and guidance provide an important basis for the implementation of NEPA. The environmental review process under NEPAas it exists today is lengthy, inefficient, and costly. CEQ's regulations were issued in 19781 before the advent of the Internet, and have been subject to only one revision since then. Requiring CEQto revise its regulations to streamline NEPAwould reduce the time and costs associated with the NEPAprocess and would increase efficiency, predictability, and transparency in environmental reviews. Eliminate Redundancy in EPAReviews of Environmental Impact Statements under Section309 of the CleanAir Act 4. o Current ly, Section 309 of the Clean Air Act requires that EPAreview and publish comments on most Environmental Impact Statements (EISs) (42 U.S.C.4332). 36 /\MERICAi\ pVERSIGHT 38 CEQ050FY18091_000001587 CEQ-18-0173-H-000082 Under this authority, EPApublishes comments on draft and final EISs. EPAalso provides a rating for EISs. In addition to its responsibility under Section 309, EPAhas a separate regulatory responsibility to review and comment on EISs on matters within its jurisdiction and typically would be included as a cooperating agency for areas within its technical expertise. o The extra review under Section 309 adds a step to the environmental review process that can cause delays without increasing protection to the environment. Issues are sometimes raised late in the process or go beyond the bounds of EPA's subject matter expertise. Lead Federal agencies must take time to respond to EPA's additional comments in the Section 309 review, even if the comments are outside of EPA's special expertise. This review is no longer necessary, given that Federal agencies have gained significant NEPAexperience since this law was enacted and because EPAhas other authority to review and comment on matters within its jurisdiction. o Eliminating EPA's additional review and assessment of EISs would remove duplication and make the environmental review process more efficient. This change would not eliminate EPA's regulatory responsibilities to comment during th e development of EISs on matters within EPA's jurisdiction or EPA's responsibilities to collect and publish EISs. It also would not prevent EPAfrom providing technical assistance to the lead or other cooperating agencies upon request. Focusthe Scopeof Federal ResourceAgency NEPAAnalysis on Areas of Special Expertise or Jurisdiction 5. o o o 6. Currently, disagreements often occur regarding the proper scope of NEPA review, particularly a resource agency>s review for a large or complex project. Federal agencies sometimes provide comments or raise objections to issues beyond the scope of their areas of special expertise or jurisdiction. These objections and comments create confusion for the public and result in untim ely decisions and additional workload. Focusing Federal resource agencies' authority to comment on portions of the NEPAanalysis that are relevant to their areas of special expertise or jurisdiction would maximize the effectiveness of agency reviews and streamline project delivery. Reduce Duplication and Increase Flexibility in Establishing and Using Categorical Exclusions o Currently, each Federal agency establishes its own categorical exclusions (CEs) by developing a record to substantiate that an activity would not result in significant environmental impacts. All categorical exclusions that a Federal agency proposes to establish or change are reviewed and approved by CEQ o Even when a CEhas been substantiated by a Federal agency and approved by CEQ,it may not be used by another Federal agency without a separate substantiation and approval process to incorporate the CE into the other 37 /\MERICAi\ pVERSIGHT 39 CEQ050FY18091_000001587 CEQ-18-0173-H-000083 o Federal agency's NEPAprocedures. A Federal agency also may not change its internal documentation requirements related to CEs, such as moving a "documented" CE to the "undocumented" list, even if experience shows that documentation is no longer needed. Authorizing any Federal agency to use a CEthat has been established by another Federal agency and identifying documented CEs that can be moved to an agency's undocumented CElist without undergoing the CEsubstantiation and approval process would reduce duplication and unnecessary environmental analysis for actions that do not create a significant environmental impact. Each agency would track and catalogue its use of another agency's CEs under this provision. MoreEffectivelyAddressEnvironmentalImpacts by Allowing Design-Build Contractorsfor Highway Projectsto ConductFinalDesignActivitiesbefore NEPAIs Complete 7. o o o Under current law, a design-build contractor for a Federal-aid highway project is not authorized to commence final design activities until after the conclusion of the NEPAprocess (23 u.s.c.112(b)(3)). This restriction diminishes the flexibility afforded with the design-build procurement method, because States are not permitted to allow designers to proceed with final design activities with the ir own funds under the traditional design-bid-build method. Allowing design-build contractors to conduct fina l design activities would facilitate better environmental reviews in conjunction with the design of projects and would facilitate more efficient and more effective efforts to address environmental impacts. The lead Federal agency would continue to conduct an independent review of the environmental documents and prohibit the agency from taking any action that would prevent the objective consideration of alternatives . CurtailCostsby Allowingfor AdvanceAcquisitionand Preservationof Rail Rightsof-Way beforeNEPAIs Complete 8. o Current ly, real property generally cannot be acquired for rail rights-of-way prior to the completion of the NEPAenvironmental review process. o While project sponsors might have an opportunity to purchase better and less expensive rights-of-way in advance, the lack of clear statutory direction impedes preservation of rail rights-of-way in advance of project approval. o Allowing the advance property acquisition and preservation of rail corridors for rail projects would he lp control costs and improve project delivery. Right-ofway purchase still would be eligible for Federal funding only if used for a project selected through the NEPAprocess. The risk of bias in the evaluation of alternatives under these circumstances would be minimal, because project sponsors would be able to recoup the value of property if a different alternative ultimately was selected. /\MERICAi\ pVERSIGHT 40 CEQ050FY18091_000001587 CEQ-18-0173-H-000084 EnhanceIntegration of TransportationPlanning and NEPAby Removing an UnneededConcurrencePointfor UsingTransportationPlanning Documentsand Decisionsin NEPA 9. o o o Under current law, lead Federal agencies have been encouraged to adopt or incorporate by reference relevant documents and decisions into their NEPA documents. This includes documents from the transportation planning process. The transportation planning process includes robust study and public engagement to develop transportation plans for metropolitan areas. In the Moving Ahead for Progress in the 21st Century Act (MAP-21), Congress formalized the practice of incorporating transportation planning documents but added a new requirement that cooperating agencies had to concur (23 U.S.C. 168(d)). Concurrence for incorporating transportation planning documents and decisions was not previously required and is not required for the adoption of other documentation. The transportation planning documents already undergo review and consideration by agencies and the public during plan development. The additional concurrence point adds an unnecessary step that impedes efficient environmental review and the integration of the planning and environmental review process. It also can result in substantial duplication of work, if a cooperating agency does not concur in the incorporation of documentation from planning. Eliminating the requirement for concurrence by a cooperating agency would reduce duplication and delay, and would facilitate the integration of the NEPA process with the transportation planning process. Remove Duplicationin the Review Processfor Mitigation Banking by Eliminating the InteragencyReview Team 10. o o o The 2008 Mitigation Rule that USACEand EPAjointly promulgated includes specified timelines for various tasks associated with the approval and oversight of mitigation banks. The Mitigation Rule provides an opportunity for public and agency review and comment on mitigation banks during the approval process. In addition to this review, the Mitigation Rule requires a second review by an interagency review team, consisting of reviewing agencies, Tribal nations, and the mitigation banking sponsor. Approval timelines often are extended beyond those specified in the Mitigation Rule, due to protracted consultation among the interagency review team. The final approval of a mitigation bank often is delayed because of the time it takes to resolve disagreements among the entities participating in the second review. Removing the second review would enhance the efficiency of the mitigation bank approval time frames. The members of the interagency review team would still have an opportunity to review and comment through the public participation process required in the Mitigation Rule. 39 /\MERICAi\ pVERSIGHT 41 CEQ050FY18091_000001587 CEQ-18-0173-H-000085 Authorize All Lead FederalAgenciesfor InfrastructureProjectsto Opt into Highway and TransitStreamlining Procedures 11. o o o IncreaseEfficiencyby ExpeditingCertainSmall TelecommunicationsEquipment in NEPAand the National HistoricPreservationAct 12. o o o Current law requires that wireless deployers comply with both NEPAand the National Historic Preservation Act (NHPA)for small cells and Wi- Fi attachments in the same way that they obtain permits for large towers. Small cells and Wi- Fi attachments do not have an environmental footprint, nor do they disturb the environment or historic property. However, despite this lack of impact, small cells and Wi- Fi attachments typically go through the same level of analysis and review under NEPAand the NHPA,which needlessly adds both delays and costs to the process. Amending the law to expedite small cells and Wi-Fi attachments in NEPAand the NHPAwould eliminate unnecessary reviews without adversely affecting the environment. CreateIncentivesfor EnhancedMitigation 13. o o o 14. Highway and transit projects currently have specific statutory authority that promotes efficiencies in the environmental review process for their projects (23 U.S.C.139). This authority promotes efficiency without changing any substantive environmental laws. However, these benefits are limited because they do not apply to other types of infrastructure projects. Amending the current law to allow other lead Federal agencies to opt into these provisions could make environmental reviews on other infrastructure projects more efficient. This option would not apply to projects that are eligible under FAST41 because they already have separate streamlining provisions. Current environmental laws focus primarily on adverse environmental impacts of infrastructure projects, without also recognizing their potential environmental benefits. Opportunities for enhancing mitigation or environmentally friendly designs often are lost, because they delay project development without providing any benefit to the project sponsor. Establishing procedures that expedite environmental or permitting reviews for projects that enhance the environment through mitigation, design, or other means would provide incentives for project sponsors to propose more environmentally beneficial projects. This would streamline the environmental and permitting review process for those projects that demonstrate an improvement to the environment. Modify the FederalPowerAct and OtherLaws to Prohibitthe Ability of Federal Agenciesto Intervene in FERCProceedings 40 /\MERICAi\ pVERSIGHT 42 CEQ050FY18091_000001587 CEQ-18-0173-H-000086 o o o 15. Under curr ent FERCpolicy and regulations, agencies that participate as cooperating agencies in FERC1s preparation of NEPAdocuments cannot also intervene in the FERClicensing proceeding. The rationale for FERC's policy is that cooperating agency staff will necessarily engage in off-the - record communications with FERCstaff concerning the merits of issues in the proceeding. If the agency is subsequently allowed to become an intervenor in the licensing proceeding 1 the agency would then have access to information that is not available to other parties 1 in violation of the prohibition on ex parte communications in both FERC's rules and in the Administrative Procedure Act. FERC's rules force Federal agencies to choose either to waive their right to intervene in the proceeding or their right to participate, upon request, as a cooperating agency in FERC's preparation of an environmenta l document. By choosing not to participate as a cooperating agency, FERCloses the benefit of the agency 1s technical expertise on important environmental issues, thus inhibiting the identification and resolution of key issues early in the NEPA process. Modifying the Federal Power Act and other laws to require Federal agencies, upon request, to participate as a cooperating agency to a FERCNEPAreview would ensure that agencies fully participate in the preparation of FERCNEPA documents. Agency participation as a cooperating agency, however, would not impede that agency's ability to file comments to the FERCdocket for the relevant proceeding nor impede the agency's ability to defend any requested conditions in court. Authorize Federal Agencies to Accept Funding from Non-Federal Entities to Support Environmental and Permitting Reviews o o o Currently 1 some legal authority exists for project proponents to contribute funds to Federal agencies to suppor t such reviews and decisions . This includes authority for public entities to support Federal agencies, State agencies, and Indian tribes participating in environmental planning and review processes for transportation projects (49 U.S.C.307), as well as authority for USACEto accept funds from non -Federal public entities to provid e priority review of permit applications (33 U.S.C.2352). However, there is no universal authority to accept funding from non- Federal entities for infra structure projects. This limits the ability of Federal agencies to obtain additional resources to help with the permitting and review process, thus causing further delays in project development. Amending the law to provide broader authority for Federal agencies to accept funds from non-Federal entities to support review of permit applications and other environmental documents would provide additional resources to streamline project delivery and would help defray the costs of the environmental review. This provision would include appropriate controls for potential conflicts of interest and would maintain the Federal agency's responsibility to conduct its review independently. 41 /\MERICAi\ pVERSIGHT 43 CEQ050FY18091_000001587 CEQ-18-0173-H-000087 C. Protecting Clean Water with Greater Efficiency 1. Eliminate Redundancy,Duplication,and Inconsistencyin the Applicationof Clean WaterProvisions These provisions would make the following reforms to create greater efficiencies in the application of clean water provisions: a. Authorize Federal agencies to select and use nationwide permits without additional USACEreview. Currently, Federal agencies are required to submit permit applications to USACEfor some projects that meet nationwide permit (NWP) requirements, including general and regional conditions. Federal agencies employ staff who are environmental experts and review these projects before submitting the application to determine whether they meet the criteria for the applicable NWP. Eliminating the additional USACEreview and allowing Federal agencies to move forward on NWP projects, subject to permit conditions, would streamline the process and allow USACEto focus on projects that do not qualify for NWPs, which have greater environmental impacts. USACEwould retain the right to reinitiate its review for any agency that it finds has incorrectly determined that NWP criteria were met. b. Consolidate authority to make jurisdictional determinations for 404 permits. Under current interpretation of the Clean Water Act, the EPAAdministrator, not the Secretary of the Army, has final authority to construe the jurisdictional term <>) allows States to fully assume Federal responsibilities under NEPAfor highway and transit projects. However, it prohibits DOTfrom assigning, and States from assuming responsibility for, any project- level conformity determination required under the Clean Air Act for the same projects (42 U.S.C.7506). It also does not authorize States to assume responsibilities for determinations regarding flood plain protection and noise policies, which would affect determinations made by States during the environmental review process (23 U.S.C.109 and 327). This inconsiste nt treatment diminishes the effect of the NEPAassignment program. It causes the environmental review process assumed by a State to be interrupted or impacted by Federa l approvals or determinat ions during an environmental review that otherwise has been fully assumed by the State . Allowing DOTto ass ign, and States to assume, project-leve l transportation conformity determinations and determinations regarding flood plain protections and noise policies as part of the NEPAassignment program would create a more efficient NEPAassignment program. It also would provide an incentive for additional States to participate in the NEPAassignment program. Consistent with the requirements of the NEPAassignment program, States would need to demonstrate the technical capacity to make these determinations. This provision would not change EPA's respons ibilities under the Clean Air Act. III. PILOTPROGRAMS These provisions would create pilot programs to experiment with new ways to address environmenta l impacts while delivering projects in a more timely and predictable way. A. Performance-Based Pilot o This pilot program would experiment with using environmental performance measures instead of an environme ntal review process to address environmental impacts of an infrastructure project. Up to 10 projects would be 48 /\MERICAi\ pVERSIGHT 50 CEQ050FY18091_000001587 CEQ-18-0173-H-000094 o o B. selected to participate in the pilot based on project size, national or regional significance, and opportunities for environmental enhancements. The proje ct sponsor for a selected project would agree to design its project to meet performance standards and permitting parameters established by the lead Federal agency. The lead Federal agency would develop these sta ndard s with public input and in coordination with other cooperating Federal agencies. The project sponsor's agreement to meet the performance standards and permitting parameters would be in lieu of complying with NEPAand relevant permits or other authorizations. The performance standards would resu lt in design elements and enhanced mitigation that address the impacts of the project and meet permit requirements. The pilot would support the goals and objectives of NEPAand meet permit obligations without being constrained by its procedural requirements. It would focus on good environmental outcomes rathe r than a lengthy environmental review process. Negotiated Mitigation Pilot o o o o This pilot program would experiment with negotiation of mitigation to address environmental impacts of transportation projects. This pilot would authorize the Secretary of Transportation (or other infrastructure agencies) to establish an alternative decision-making process in lieu of NEPA,based on negotiated mitigation agreements and supporting mitigation markets that address anticipated project imp acts for a specific set of projects. Negotiated mitigation strategies could include purchase of offsets, avoidance of anticipated impacts, and in- lieu-fee dedicated to an advanced m itigation fund. This pilot also would establish conditions and limitations for the DOTauthority under this pilot. IV. JUDICIAL REFORM These provisions would reform judicial review standards for environmenta l reviews to avoid protracted litigation and to make court decisions more consistent. These provisions also would narrow the scope of judicial review by exempting certain actions or issues from challenge. Limit Injunctive Relief to Exceptional Circumstances A. o o Current ly, a legal challenge to a project under NEPAcan delay the start of a project, due to the uncertainty it creates about whether the project will be able to proceed. This creates unpredictability regarding time frames for projects, which at the outset can discourage potential investors, and in the end can postpone the public benefits of needed infrastructure projects. 49 /\MERICAi\ pVERSIGHT 51 CEQ050FY18091_000001587 CEQ-18-0173-H-000095 o B. Limiting injunctive relief to exceptional circumstances would allow for environmental concerns to be addressed without unduly delaying needed infrastructure projects. Revise Statute of Limitations for Federal Infrastructure Permits or Decisions to 150 Days o Current ly, for many infrastructure projects, the statute of limitations allows plaintiffs to file legal challenges to Federal permitting and author ization decisions for up to six years after the decisions have been issued. In addition, under the program in which States can subst itute comparable State laws for NEPA("NEPA substitution program>>), the statute of limitations is two years (23 U.S.C. 330 ). o o C. Infrastructure projects require significant investment in time and resources. Delays and uncertainty caused by legal challenges to environmental and permitting decisions inhibit investment in projects and impede the delivery of public benefits from improved infrastructure. These delays and uncertainties are exacerbated by long statutes of limitations, creating uncertainty well after decisions have been made. Establishing a uniform statute of limitations of 150 days for decisions and permits on infrastructure projects would reduce uncerta inty and prevent substantial delays in project delivery, while still affording affected parties an adequate opportunity to initiate legal challenges . A 150-day statute of limitations would be consistent with the statute of limitations Congress already has enacted for surface transportation projects. In additio n , revising the statute of limitations for the NEPAsubstitution program to 150 days would remove a barrier to States using th is program. Provide Certainty in Claims on Currentness of Data in Environmental Reviews and Permits o o o Environmenta l reviews and permitting decisions require in-depth studies and data. These reviews can be cost ly and time consuming. Project sponsors and Federal agencies are expected to use current data in conducting their environmental and permitting reviews. With projects spanning several years, a project sponsor may need to conduct multip le stud ies to generate data on the same issue. While using complete and up - to - date data is necessary to make an informed decision, litigation risk should not be the primary driver in deciding whether to conduct a new study. Directing Federal agencies to establish guide lines regarding when new studies and data are required would clarify requirements and create more certainty in the NEPAprocess. Courts would be precluded from reviewing any claims based on the currentness of data, so long as agencies were in compliance with their established guidelines. In a case where agencies' guidelines for the same data conflict, the guidance for the lead agency would prevail. 50 /\MERICAi\ pVERSIGHT 52 CEQ050FY18091_000001587 CEQ-18-0173-H-000096 PART 4-WORKFORCE DEVELOPMENT These provisions are dedicated to the American workforce and to policies that will help Americans secure stable 1 well-paying jobs. The American workforce is an important national asset 1 and thus should be included in legislation aiming to strengthen and invest in our country 1s infrastructure. Currently, there are almost seven million individuals looking for work and roughly six million unfilled jobs. Past Federal policies have left too many Americans behind. This Administration is committed to helping more individuals access affordable, relevant 1 quality education and skills-development that leads to full-time work and long -te rm careers. Thes e provisions also will have the important benefit of helping more companies find skilled workers to fill open jobs. An infrastructure bill will generate new projects that directly increase employment in the construction industry, as well as boost the demand for labor more broadly as additional infrastructure investment spurs economic growth. The provisions outlined below will ensure our country has enough skilled workers to perform not only existing work but also fill the new jobs created by the bill. A. ACCESSTO EDUCATIONAND WORKFORCEDEVELOPMENTPROGRAMS Expand Pell Grant Eligibility to High-Quality, Short-Term Programs A. o o o The Federal Government spends tens of billions of dollars each year in grants for postsecondary education. However, the vast majority of these funds are available only to help pay for courses that meet certain time and/or length requirements. This model is becoming outdated given the expansion of shortterm education and workforce development programs that teach relevant skills and help individuals secure well-paying jobs. For example, Pell Grants are generally available only to students who do not yet have a bachelor 1s degree and who are enrolled in institutions of higher education offering degree programs of at least 600 clock hours or 15 weeks in length. Pell Grants are not available for individuals pursuing shorter-term certifications, including persons who are in skilled trades and who are achieving certifications as part of an apprenticeship program. The Workforce Innovation and Opportunity Act (WIOA)can fund some of these types of education, but its funding is broadly distributed across a variety of workforce development efforts. Expanding Pell Grant eligibility to high - quality, short-term programs would allow individuals to use Pell Grants to pay for short-term programs that lead to a credential or certification in an in -de mand field. There is no "one size fits all,, approach to postsecondary education. Rather, there are multipl e pathways to success for students, and Federal law should enable students to explore and access these pathways. It is of utmost importance that, as Pell recipients are given greater flexibility in spending grant dollars, measures are undertaken to 51 /\MERICAi\ pVERSIGHT 53 CEQ050FY18091_000001587 CEQ-18-0173-H-000097 ensure students receive quality education. Additionally, efforts should be taken to ensure high-quality, short-term courses and programs are available in fields where there are shortages of qualified workers. B. Reform Career and Technical Education o Equipping Americans with the education needed to do the jobs available in our modern economy does not just require changes to our postsecondary education and workforce development policies; it requires changes to our secondary education policies as well. One Federal program related to skills-development and career readiness - the Carl D. Perkins Career and Technical Education (CTE) program - is in dire need of reform. CTEfunds are spread thinly and support a broad, fragmented range of activities, many of which are unlikely to improve student outcomes and are often not aligned to local workforce needs. o Too often, CTEprograms do not successfully prepare students for jobs in highdemand fields or local industries. In the 2015-2016 school year, the most common CTEfield for secondary CTEconcentrators - those who specialize in a single CTEfield - was arts and design, followed by business and health. o Enacting a modified version of the Perkins CTEreauthorization bill passed by the House in June 2017 (H.R. 2353) would ensure that more students in America's secondary and postsecondary institutions have access to high quality technical education that teaches them practical knowledge and skills needed in today's technology-driven economy. There are several important opportunities to amend H.R.2353 to improve the legislation and advance the Administration's goals. Needed amendments include: o Directing the majority of funding to high schools to promote strategies such as apprenticeship, work-based learning, and dual-enrollment. o Authorizing activities to promote and expand apprenticeships. o Increasing high - quality CTEprograms in high schools by promoting STEM CTEofferings and other offerings related to in-demand industry sectors (determined using the WIOAdefinition as a starting point and expanded based on input from the private sector) and requiring that they are evidenced-based (as defined by the Every Student Succeeds Act). o Allowing States to pool funds to support regional centers and consortia that support multiple districts in partnership with local businesses and other community stakeholders. o Strengthening the bill's emphasis on the use of evidence-based research. o Authorizing funding for fast-track programs that prepare high school graduates for jobs rebuilding America's infrastructure. C. Strengthen Ties to the Workforce for College Students o The Federal Work Study program (FWS) currently is not well-suited or targeted to support students pursuing career and technical education, especially for low- income and low-s killed students seeking to enter or return to the workforce quickly. 52 /\MERICAi\ pVERSIGHT 54 CEQ050FY18091_000001587 CEQ-18-0173-H-000098 o o FWSfunds are disproportionately distributed to four-year non - profit and flagship public institutions, leaving out quality two -year programs, many of which have a uniquely strong focus on workplace readiness. Enacting FWSreforms to better distribute the aid to schools and students who can most benefit would ensure that more participants obtain relevant workplace experience, including by participating in an apprenticeship. This could include: o Revamping the funding formula to send funds to schools with a strong record in enrolling Pell students and putting them on a pathway to success. o Limiting eligibility to undergraduates. o Using program dollars to fund career - related internships or expanding apprenticeship and career pathway programs. II. EMPOWERINGWORKERS A. Reform Licensing Requirements for Individuals Seeking a Job on an Infrastructure Project o o o In many cases, States accepting Federal funding to support infrastructure projects do not allow workers with out-of-State skilled trade licenses to work on those projects. Preventing out-of-State professionals from working on infrastructure projects can: (1) reduce the speed of these projects, delaying the effect of the economic benefit they provide; and (2) increase the cost of the projects by artificially limiting the supply of professionals available to work on those projects. These provisions also put Americans who live in rural States or other areas at a disadvantage since they frequently need to relocate (often temporarily) in order to secure work. Requiring that States accepting Federal funds for infrastructure projects accept workers with out-of - State licenses to work on those projects would speed project delivery, reduce project costs, and provide flexibility to workers with out - of- State skilled trade licenses. ### 53 /\MERICA~ pVERSIGHT 55 CEQ050FY18091_000001587 CEQ-18-0173-H-000099 Building a Stronger America A Nation's infrastructure is a measure of its greatness. lt affects everyone's quality of life and ability to succeed . That is why President Donald J.Trump unveiled a plan this week calling on Congress to pass legislation giving Americans a network of vital infrastructure that will make them proud , strong, and safe. The President deve1oped this plan after meeting with and listening to Members of Congress, governors, mayors, cow1ty officials, and business leaders throughout the past year. His plan of action will increase investment, streamline permitting, strengthen rural America, and modernize our workforce. He wants to do it differently than previous efforts to improve our infrastructure, and he wants to get it right. Our infrastr ucture is broken. The average driver spends 42 hours per year sitting in traffic, missing valuable time with family and wasting 3.1 billion gallons of fuel annually. Nearly 40 percent of our bridges predate the first moon landing. And last year, 240,000 water main breaks wasted more than 2 trillion gallons of purified drinking water -enou gh to supply Belgium. The President's plan addresses this by calling for a $1.5 trillion total investment - including $200 billion in Federal funds-over 10 years that will fix our broken public wor ks, create good jobs that pay good wages, restore our competitive edge, and unleash transformative projects to propel our Nation's infrastructure into the 21st century. [n the past, the Federa l Government politically allocated funds for projects, leading to waste, mismanagement, and misplaced priorities. The answer to our Nation's infrastructure needs is not more projects selected by bureaucrats in Washington, D.C. Instead, the President's plan designates half of its $200 billion for matching funds to stimulate State, local, and private investment. Rather than telling governors and mayors what to do, we will partner with them as they invest in the most pressing projects in the highest-need p laces. And where it makes sense, we will move old infrasb?ucture off the Government balance shee t and into private investment. President Trump's infrastructure plan will focus one-quarter of its Federal funds on rural projects to rebuild roads, deliver clean water, expand broadband, and supply affordable and reliable power to neglected corners of our Nation. While the Federal Government owns a relatively small percentage of the Nation's infrastructure, it regulates all major projects through the Federal environmental permitting process. This over-regulation has led to virtual unanimity on both sides of the political aisle that the project permitting process in this country is unacceptable. The President's plan tackles this problem by replacing sequential agency analysis with concurrent reviews, with just one Federal agency leading - and accountable for-the permitting process. By eliminating redundant decision making, we can reduce the planning and permitting process from ten years to two without in any way compromising the environment. This is not only good government, it is good economics. By one estimate, further delaying needed infrastructure investments wi ll cost our economy over $3.7 trillion. /\MERICAi\ pVERSIGHT CEQ050FY18091_000001588 CEQ-18-0173-H-000100 Strengthening and investing in the Nation's infrastructure should not be done without doing the same for the American worker. This Administration is committed to helping more individuals access affordable, relevant, quality education and skills-development that leads to full-time work and long-term careers. Among other things, the President is calling on Congress to expand Pell Grant eligibility to high-quality, short-term programs and to reform licensing requirements for individuals seeking an infrastructure project job. This investment in building a stronger America is for everyone. rt is for parents concerned about the quality of drinking water. It is for the smalJ business owner working to move goods to market. And it is for the single -mom on her daily commute. It is about improving the lives of American citizens-one truckload of concrete, one I-beam of steel, and one length of cable at a time. The President has crafted a p lan for making these dreams a reality . Now is the time for Congress to deliver to the American people the infrastructure they deserve. Gary D. Cohnis the Directorof the NationalEconomic Council. /\MERICA~ pVERSIGHT 2 CEQ050FY 18091_ 00000 1588 CEQ-18-0173-H-000101 Building a Stronger America The quality of America's infrastr ucture is a measure of its greatness. For too long, many infrastructure projects throughout the country have been limited by a complex permittin g process and distorted by Washington's priorities, instead of State and local needs. To cure decades of neglect, the Trump Administra tion has commjtted to building a safe, fast, reliable, and modern infrastructure to meet the needs of the American people and our economy. Together, we can reclaim our heritage of building and invest in our most valuable resource : the American peo ple. BUILD IT FAST o o The Administration's proposal will spur at lea st $1.5 trillion of investment to address our crumbling infrastructure and prepare the United States for opportunities ahead. o The President is asking Congress to approve legislation that, when matched with State, local, and/ or private dollars, will generate at least $1.5 trillion in new infras tructure investment. o The goal is to permanently fix the infrastructure deficit. We will fix the broken permit process so America can become a global infrastructure leader. o American work ers built the Emp ire State Building in just 1 year - it can now take 10 years to get approval to bruld a highway. o We must strea mline the permitting and approval . process - getti ng it down to no more than two years . BUILD FOR THE PEOPLE o We will return the decisi on makin g to the States . o In the past, th e Federal Government selected projects and programs based upon Federal preferences leading to waste, mismanagement, and misplaced priorities. o The answer to our Natio n's infrastructure needs is not more boondoggle projects selected by bureaucra ts in Washington, D.C. o We wan t to empower States and localities to invest in the projects they want, without being burdened by the Federal Government's red tape and bureaucra cy which impede creativity, adds costs, and slows down the process . o The Pre sident's plan designates $100 billion to be used as matching funds for State, local, and private investment. This way, everyone has an interest in a positive outcome. o It also broadens existing author ities to delegate environmental review and permi ttin g responsibilities to the States . /\MERICAi\ pVERSIGHT CEQ050FY18091_00000 1589 CEQ-18-0173-H-000102 BUILD FOR TH E FUTUR E o o o We want to sustain prosp erous rural economi es by providing signif icant investm ent in rural infrastructure to address unmet ne eds. o The President's proposal dedicates $50 billion to enable rural America to address its unique infrastructure challenges, rebu ilding, and modern izing bridges, roa ds, water and wastewa ter assets, water resources, waterways, power generat ion assets, and broadband. The plan will support transformative projects that li ft American spirits and unl eash GDP growth. o The President's plan dedicates $20 billion to spur compe tition around bold, innovative, and transformative infrastructure projects that dramaticaUy improve future infrastructure . Together with Congress, we will prepare the American work er for the job s of tomorrow. o This proposal will generate new projects to increase employment in the construction industry and boost the demand for labor more broadly. o This Administra tion is committed to help ing more individuals access affordable, relevant, quality education and skills-development that lead to full-time wor k and long-te rm careers, includ ing expanding Pell Grant eligibility to high-qual ity, short-term programs and reforming licensing requirements for individuals seeking an infrastructure project job. As the builder-in -chief, Presiden t Trump is committed to buildi ng a stronger America. No part of the country will be left behind. /\MERICA~ pVERSIGHT 2 CEQ050FY1809 1_000001589 CEQ-18-0173-H-000103 PRESIDENT TRUMP'S LEGISLATIVE INITIATIVE TO REBUILD INFRASTRUCTURE IN AMERICA President Trump is a builder. Throughout his career, he made his name constructing big things. He applies that builder's mindset to all aspects of the presidency, but especiaUy to his bold vision for rebuilding infrastructure in America. President Tru mp's legislative plan is based on six principles: 1. Stimulate infrastructure investment: In.vest $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investments with par tners at the State, local, Tribal, and private level. 2. Invest in rural America: Invest $50 billion in Federal funds to rebuild and modernize infrastructure in rural America. 3. Increase State and lo cal authority : Empower State and local aut horities to make investment and permitting decisions . 4. Eliminate re&11latorybarriers: Provide needed flexibility for projects to be developed and managed effectively and efficiently. 5. Streamline permitting: Shorten the permi tting process to two years, or less. 6. Empower American workers: Reform Federal ed ucation and workforce development programs to better prepare Americans to perform the in-demand jobs of today and the future. The Presiden t is committed to working with Congress to reach consensus to ensure more timely and efficient infrastructure investment that wil l strength en the American economy, make our country more competitive, create jobs and increase wages for workers, and red uce the costs of goods and services for American families. THE INFRASTRUCTURE INITIATIVE Highlights of President Trump 's Legislative Outline for Funding and Financing The President is asking Congress to approve legislation that leverages $200 billion to stimu late a t least $1.5 trillion in new investment in infrastructure. The Federal Government historically has playe d, and should continue to play, an importan t role in developing infrastructure in our Nation . However, the vast bul k of infrastructure spending in the United States is non-Federal, and as such, the Administration has developed a long-term solution to our Nat ion's infrastructure problems that rests on strong Federal, State, and local partnerships. Providing more Federal funding, on its own, is no t the soluti on to our infrastructure challenges, as history has shown tl1at when taxpayer dollars are sent to Washington, D.C., they are often inefficiently invested. The Admini stration proposes offering these additional Federal funds in a manner that will stretch the use and benefit of taxpayer dollars. 1 /\MERICAi\ pVERSIGHT CEQ050FY18091_000001590 CEQ-18-0173-H-000104 ? Incentives Program: Under the Presiden t's proposal, 50 percent of the Federal commitment will be dedicated toward an Incentives Program to encourage increased State, local, and private investment by awarding project sponsors incentives for demonstrating innovative approaches that will generate independent revenue, reduce project costs and timelines, and improve performance. The Incentives Program will target a wide-ranging group of traditional government-owned asset classes, including surface transportation and airports, passenger rail, maritime and inland waterway ports, waterways, flood risk management, water supply, hydropower, water resources, drinking water facilities, was tewater facilities, stor mwater facilities, and Brownfield and Superfund sites. Project sponsors will apply for incentives, and applications will be eva luated on objective o:iteria with new revenue being the largest driver for award . Project sponsors selected for awa rd will execute an agreement committing to mee t agreed progress milestones, and incentive funds will be conditioned upon achieving the milestones withi n identified timeframes. ? Rural Infras tructure Program: The President proposes to dedicate 25 percent of the Federal do llars to enable rural America to address its unique infrastructure challenges, rebuilding and moderniz ing bridges, roads, water and wastewater assets, water resources, waterways, power generation assets, and broadband. The bulk of these funds under the President's plan will be made available to Governors via formula to choose the investments that respond to the unique rural needs of their respect ive States . States wilJ apply for the remai ning funds, which wilJ be distributed as rural performance grants based on performance criteria, including increased investment in broadband. This program also will provide a needed boost to tribal and territorial infrastruc ture. ? Transformativ e Projec ts Progr am: The Preside n t's p lan includes a focus on transformative pro jec ts tha t can reimagine traditional approaches to infrastr ucture an d unlock GDP growth. The plan dedicates 10 perce nt of the overall amount to spur compe tition around bold, innovative, and truly transforma tive pro jects that could dra matically improve futu re infrastructure, become self-sustaining without Federal support, and have a significant impact on the Na tion, a region, State or metropolitan area . Funding will be available under three options (demonstration, project planning, capita l constr uction) designed to support three disti nct project lifecycle phases. Project sponsors also may seek technical assistance to navigate Federal regula tory, policy, and administra tive processes, or to develo p safety and other regulatory frameworks to execute a pro ject. Each awardee under this program will enter into a partnersh ip agree ment wi th th e Federal Government that specifies performance milestones . 2 /\MERICAi\ pVERSIGHT 2 CEQ050FY18091_000001590 CEQ-18-0173-H-000105 ? Financing Programs: The legislative plan will offer 10 percent of the overall funds for expansion of existing financing programs to address a broader range of infrastructure needs, giving State and local governments increased opportunity to finance large-scale infrastructure projects under terms that are more advantageous than in the financial market. This includes extending Transportation Infrastructure Finance and Innovation Act (TIFIA) eligibility to airport projects and non-Federal maritime and inland waterway ports. It also recommends providing subsidy funding for Railroad Rehabilitation and Improvement Financing (RRIF) loans to short-line freight and passenger rail projects and expanding the Water Infrastructure Finance and Innovation Act (WIFIA) program to flood mitigation, navigation, and water supply. The plan would provide additional amounts for the Rural Utilities Service (RUS) to facilitate further investment in rural infrastructure. The plan also will create flexibility and broaden eligibility to facilitate use of private activity bonds for eligible public infrastructure projects. ? Federal Capital Revolving Fund: The Federal Government is currently utilizing inefficient leases to access real property that it should own . One reason for this is that, given fiscal constraints, limited funding is not allocated for the upfront capital needed to acquire real property projects. The legislative plan . would remedy these inefficiencies by providing 5 per cent of the overall funds to establish a mandatory revolving fund to finance purchases, construction or renovation of federally owned domestic civilian real property. Purchasing agencies would then be required to repay the fund using discretionary appropriations. ? Public Lands & Federal Assets: The President's plan will make additional statutory changes that will restore the benefits of public lands and federalJy owned assets to the American people. It will enable revenues generated from public lands to pay for capital and maintenance needs of infrastructure on public lands. It also will allow for the sale or lease of federally owned assets to optimize their value and to reinvest revenues back into infrastructure. Highlights of President Trump's Legislative Outline for Infrastructure Improvements The President also is seeking statutory changes that are crucial to eliminating barriers to efficient and effective management and delivery of infrastructure proje cts across multiple asset classes. ? Transportation: President Trump's legislative plan encourages alternative project delivery in transportat ion, including State, local and private investment, and removes barriers and unnecessary Federal oversight in the development and improvement of transportation infrastructure to facilitate timely project delivery. 3 /\MERICAi\ pVERSIGHT 3 CEQ050FY18091_000001590 CEQ-18-0173-H-000106 ? Water: The plan incentivizes the development of effective infrast ructure asset management standards, outcome- based procur emen t, and life-cycle risk management and valuatio n to improve water infrastruc ture; proposes new approaches for investment in the Inland Waterways System, including greater invest ment from non-Federal sources; and removes bar riers to implementat ion for U.S. Army Corps of Engineers projects. ? Veterans' Affairs (VA) Facilities: The VA owns aging physical assets with highvalue un derlying pro per ty value. The President's plan provides the VA flexibility to use the value of its properties to improve and provide our Nation's ve terans wi th the state -of-the-art facilities they deserve . Reforms include expanding the VA' s authority to lease its vacant assets for commercial or mixeduse purposes and to speed its ability to pursue neede d facility renovations and improve ments. ? Land Revitalization : The plan expands funding eligibility for Superfund and Brownfield revitalization projects and establishes tools to manage and address Legal and financial risks. Highlights of President Trump's Legislativ e Outline for Permitting Improvement The current sea of Federal red tape for environmen tal reviews and permitting unnecessarily hampe rs the delivery of major infras tructure projec ts, and the Presiden t is offering concrete soluti ons to make project delivery timeframes shorter and more reliable while continuing to pro tect the enviro nment. ? Streamlining the Federal Rol e: The Pres iden t seeks to restructure Feder al environmen tal review and permitting for major infrastr ucture projects by having one agency make one decision to reduce the permitt ing process to 2 years, amending existing sta tutory provisions to elimina te redundancies and inefficiencies in environmen tal laws, and focus ing on enviro nm ental outcomes rather than processes. ? Delegatin g to States: The p lan includes reforms to broaden existing authorities to delega te environme ntal review and permitting responsibilities to States and to facilitate reliance on State and local reviews and documentation . ? Pilotin g New Approaches : Two new pilot programs will be created unde r the President's plan to experi ment wit h different ways to conduct Federal environmental reviews using performance measures and nego tiated mitiga tion. Highlights of President Trump's Legislative Outline for Workforce Development 4 /\MERICAi\ pVERSIGHT 4 CEQ050FY1809 1_00000 1590 CEQ-18-0173-H-000107 This Administration is committed to helping more individuals access affordable, relevant, qua lity education and skills-development that leads to fulJ-time work and long-term careers. Enactment of an infrastructure bill will generate new projects that directly increase employment in the construction industry, and that will boost the demand for labor more broad ly as add itional infrastructure investment spurs economic growth. President Trump's plan will help Americans secure stable, well-paying jobs and ensure our country has enoug h skilled workers to perform not onJy existing jobs but also the new jobs CTeatedby the infrastructure initiative. ? Expanding Pell Grant Eligibility: The President's plan will expand Pell grant eligibility to high-quality, short-term programs to allow individuals to use Pell grants to pay for short-term programs that lead to a credentia l or certification in an in-demand field . ? Reforming Licensing Requirements: The President's plan seeks reforms to require that States accepting Federal funds for infrastructure projects accept workers with out-of-State licenses to work on those projects. This would speed project delivery, reduce project costs, and provide flexibility to workers with out of-State skilled trade licenses. ? Reforming Career and Techni cal Education (CTE): The President is asking Congress to make reforms to the CTE program to ensure that more students in America's secondary and postsecondary institutions have access to h igh-quality technical education that teaches them practical knowle dge and skills needed in today's technology -driven economy. ? Strength ening Ties to the Workforce for College Stud ents: The President's plan wi11make Federal Work Study program (FWS) reforms to better distribute aid to schools and studen ts who can most benefit. This will ensure that more participants obtain releva nt workplace experience, including by participating in an apprenticeship . 5 /\MERICA~ pVERSIGHT 5 CEQ050FY18091_000001590 CEQ-18-0173-H-000108 RE: CEQ ESA convo From: "Braden, Parish" To: "Prandoni, Christopher D. EOP/CEQ" Cc: "Herrgott , Alex H. EOP/CEQ" Date: Tue, 13 Feb 2018 10:50:16 -0500 Thank you, Chris. From:Prandoni , Christopher D. EOP/CEQ[mailto Sent: Tuesday, February 13, 2018 9:47 AM To: Braden, Parish Cc: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ ESAconvo Hey Braden, No Hill Liaison yet; although I think we have someone making their way through the process. I copied Alex Herrgott on this email who has all the cleared briefing materials. After he sends you all his stuff, if you still have questions , maybe we can all jump on the phone . From:Braden, Parish [mailto:Parish.Braden@mail.house.gov ] Sent: Tuesday, February 13, 2018 9:02 AM To: Prandoni, Christopher D. EOP/CEQ ? 1 t) Subject: FW: CEQ ESAconvo I (_,, I Good morn ing, Chris - does CEQ have a Hill Liaison yet? I had a couple questions related to the administration's infrastructure plan and permitt ing reforms through CEQ.Also wanted to make sure I'm on any contact lists you guys might have for the Hill, if such a list exists. Thanks for any guidance you can provide. - Parish Parish Braden From:Ungerecht, Todd Sent: Wednesday, January 31, 2018 12:56 PM To: Alberts, Marc Subject:Re: CEQ ESAconvo AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000001580 CEQ-18-0173-H-000109 Parish or I. Sent from my iPhone On Jan 31, 2018, at 12:45 PM, Alberts, Marc wrote: Chris Prandoni from WH/CEQ wants to chat via phone call about ESAissues. Which of our staff should I throw this to? -Marc From: Prandoni, Christopher D. EOP/CEQ [mailto Sent: Wednesday, January 31, 2018 12:35 PM To: Alberts , Marc Subject : CEQ ESAconvo My work cell is - Thanks, Marc. Chris Prandoni Associate Director for Natural Resources Council on Environmental Quality - www .whitehouse .gov/ceq AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000001580 CEQ-18-0173-H-000110 RE: CEQ ESA convo From: "Prandoni, Christopher D. EOP/CEQ" To: "Braden , Parish" Cc: "Herrgott , Alex H. EOP/C EQ" Date: Tue, 13 Feb 2018 09 :47:27 -0500 > > Hey Braden , No Hill Liaison yet ; although I think we have someone making their way through the process . I copied Alex Herrgott on this email who has all the cleared briefing materials . After he sends you all his stuff, if you still have questions , maybe we can all jump on the phone . From: Braden, Parish [mailto:Parish .Braden@mail.house.gov] Sent: Tuesday, February 13, 2018 9:02 AM To: Prandoni, Christopher D. EOP/CEQ Subject: FW: CEQ ESAconvo > Good morning, Chris - does CEQ have a Hill Liaison yet? I had a couple questions related to the administration's infras t ructure plan and permitting reforms through CEQ. Also wanted to make sure I'm on any contact lists you guys might have for the Hill, if such a list exists. Thanks for any guidance you can provide. - Parish Parish Braden Deputy Sta.ffDirector House Commiltee on Nah,ral Resources Rep. Rob Bishop (R-UT), Chairman LA From: Ungerecht , Todd Sent : Wednesday, January 31, 2018 12:56 PM To: Alberts, Marc Subject: Re: CEQ ESAconvo Parish or I. Sent from my iPhone On Jan 31, 2018, at 12:45 PM, Alberts, Marc wrote: Chris Prandoni from W H/CEQ wants to chat via phone call about ESAissues. AMERICAN PVERSIGHT 1 CEQ050 FY18091 _ 000001582 CEQ-18-0173-H-000111 Which of our staff should I throw th is to? -Marc From: Prandoni, Christopher D. EOP/CEQ mailto: Sent: Wednesday, January 31, 2018 12:35 PM To: Alberts , Marc Subject:CEQ ESAconvo My work cel l is~ Thanks, Marc. Chris Prandoni Associate Director for Natural Resources Council on Environmental Quality - www .whitehouse .gov/ceq AMERICAN PVERSIGHT 2 CEQ050 FY18091_000001582 CEQ-18-0173-H-000112 Questionand request... From: "Donaldson , Teri (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed , 14 Feb 2018 13:54 :15 -0500 Hi Alex, Big day yesterday! Hope all is well with you. Do you have language for the concept of allowing nonfederal partners to use existing federal NEPAdocuments? If so, could you send it along? Thanks. Teri Teri L. Donaldson General Counsel U.S. Senate, Environment and Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 (0) 202-224-5167 (f) ..... (cell) Teri_Donaldson@epw.senate.gov AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000001566 CEQ-18-0173-H-000113 RE: Questionand request... From "Herrgott, Alex H. EOP/CEQ" <"/o =exchange organization/ou =exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Donaldson , Teri (EPW)" Date: Thu , 15 Feb 2018 17:04:45 -0500 Hey the re. I don ' t actually . From: Donaldson, Sent: Wednesday, To: Herrgott, Alex Subject:Question Teri (EPW) [mai lto :Teri_ Donaldson@epw.senate.gov] February 14, 2018 1:54 PM H. EOP/CEQ > and request ... Hi Alex, Big day yesterday! Hope all is well with you. Do you have language for the concept of allowing nonfederal partners to use existing federal NEPA documents? If so, cou ld you send it along? Thanks. Ter i Teri L. Donaldson General Counsel U.S. Senate, Environment and Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 (J) 202-224-5167 (f) cell) Teri_Donaldso n@epw.senate .gov AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000000556 CEQ-18-0173-H-000114 Re: BothSidesof the AisleWant BetterRoadsand Ports- WSJ From: "Holland, Luke (lnhofe)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed , 2 1 Feb 2018 19:07:39 -0500 ?1 b I 6\ > Yes. In print Thursday. Sent from my iPhone On Feb 22, 20 18, at 8:04AM, Herrgott, Alex H. EOP/CEQ Nice do you have the whole thing? Does It print tomorrow . From:Holla nd, Luke (ln hofe) [mailto:Luke Holland@inhofe.senate.gov ) Sent:Wednesday , Februa ry 21, 2018 6:52 PM To: Herrgott, Alex H. EOP/CEQ > Subject:Fwd: Both Sides of the Aisle Want Better Roads and Ports - WSJ Sent from my iPhon e Begin forwarded message: From: "Burke, Leacy (Inhofe)" Date: February 22, 20 18 at 7:24:24 AM GMT+8 To: "Forbes, Andrew (Inhofe)" , "Holland, Luke (Inhofe)" , "Wright, Jennie (Inhofe)" Subject: Both Sides of the Aisle Want Bett er Roads and Ports - WSJ It ' s live! > >https ://www.wsj.com/articles/both -sides-of-the-aisle-want-better-roads -and -ports 1519254838 < < ; Sent from my iPhone AMERICAN PVERSIGHT 1 CEQ050FY18091_000001544 CEQ-18-0173-H-000115 RE: CEQ ESA convo From: "Braden, Parish" To: "Prandoni, Christopher D. EOP/CEQ" Cc: "Herrgott , Alex H. EOP/CEQ" Date: Wed, 21 Feb 2018 16:12:39 -0500 > > Alex, when you get a chance can you send over any docs Chris referenced below? Thank you. From:Prandoni , Christopher D. EOP/CEQ [mailto Sent: Tuesday, February 13, 2018 9:47 AM To: Braden, Parish Cc: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ ESAconvo Hey Braden, No Hill Liaison yet; although I think we have someone making their way through the process. I copied Alex Herrgott on this email who has all the cleared briefing materials. After he sends you all his stuff, if you still have questions , maybe we can all jump on the phone . From:Braden, Parish [mailto:Parish.Braden@mail.house.gov Sent: Tuesday, February 13, 2018 9:02 AM To: Prandoni, Christopher D. EOP/CEQ ? 1 t) I Subject: FW: CEQ ESAconvo ] > (_,, I Good morn ing, Chris - does CEQ have a Hill Liaison yet? I had a couple questions related to the administration's infrastructure plan and permitt ing reforms through CEQ.Also wanted to make sure I'm on any contact lists you guys might have for the Hill, if such a list exists. Thanks for any guidance you can provide . - Parish Parish Braden From:Ungerecht, Todd Sent: Wednesday, January 31, 2018 12:56 PM To: Alberts, Marc Subject:Re: CEQ ESAconvo AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000001545 CEQ-18-0173-H-000116 Parish or I. Sent from my iPhone On Jan 31, 2018, at 12:45 PM, Alberts, Marc wrote: Chris Prandoni from WH/CEQ wants to chat via phone call about ESAissues. Which of our staff should I throw this to? -Marc From: Prandoni, Christopher D. EOP/CEQ [mailto Sent: Wednesday, January 31, 2018 12:35 PM To: Alberts , Marc Subject : CEQ ESAconvo My work cell is - Thanks, Marc. Chris Prandoni Associate Director for Natural Resources Council on Environmental Quality - www .whitehouse .gov/ceq AMERICAN PVERSIGHT 2 CEQ050FY18091 _000001545 CEQ-18-0173-H-000117 RE: CEQ ESA convo To: Date "Braden , Parish" , "Prandoni, Christopher D. EOP/CEQ" > Wed, 21 Feb 2018 16:48:33 -0500 Hey Braden, The pr inciples are at this link below : ht tps://www .whitehouse.gov/briefings-statements/building tru m ps-am erica n-i nfrastructu re-initiative/ -stronger -america-president -donald -j- The NEPA pieces will be of most interest to you. From: Braden, Parish [mailto:Parish.Braden@mail.house.gov] Sent: Wednesday, Februa ry 21, 2018 4:13 PM To: Prandoni, Christopher D. EOP/CEQ Cc: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ ESAconvo Alex, when you get a chance can you send over any docs Chris referenced below? Thank you. From: Prandoni, Christopher D. EOP/CEQ[mailto Sent : Tuesday, February 13, 2018 9:47 AM To: Braden, Parish Cc: Herrgott, Alex H. EOP/CEQ > Subject: RE: CEQ ESAconvo Hey Braden, No Hill Liaison yet; although I t hink we have someone making t heir way through the process. I copied Alex Herr got t on this email who has all the cleared briefi ng mat erials . After he sends you all his stuff, if you still have questions , maybe we can all j ump on the phone. From: Braden, Parish [mailto:Parish.Braden@mail.house .gov } Sent : Tuesday, February 13, 2018 9:02 AM AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000002205 CEQ-18-0173-H-000118 To : Prandoni, Christopher D. EOP/CEQ Subject: FW: CEQ ESAconvo Good morning, Chris - does CEQ have a Hill Liaison yet? I had a couple questions related to the administration's infrastructure plan and permitting reforms through CEQ. Also wanted to make sure I' m on any contact lists you guys might have for the Hill, if such a list exists. Thanks for any guidance you can provide. - Parish Parish Braden Deputy Stajf Direcror House Commilleeon Natural Resources Rep. Rob Bishop (R-UT). Chairman AA From: Ungerecht, Todd Sent:Wednesday, January 31, 2018 12:56 PM To: Alberts, Marc Subject:Re: CEQ ESAconvo Parish or I. Sent from my iPhone On Jan 31, 2018, at 12:45 PM, Alberts, Ma rc wrote: Chris Prandoni from WH/CEQ wants to chat via phone call about ESAissues. Which of our staff should I throw t his to? -Marc To : Alberts, Marc Subject:CEQ ESAconvo Thanks, Marc. Chris Prandoni AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000002205 CEQ-18-0173-H-000119 RE: CEQ ESA convo From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou =exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: Date: "Braden , Parish" , "Prandoni , Christopher D. EOP/CEQ" Wed , 21 Feb 2018 16:49:20 -0500 Hey Braden, The principles are at this link below : https ://www.whi t ehouse.gov/briefings-statements/b trumps-american-infrastructu re-initiative/ uilding-st ronger-ame rica-president-donal d-j- The NEPA pieces will be of most interest to you bud . Alex From: Braden, Parish (mailto:Parish.Braden@mai l.house.gov} Sent: Wednesday , February 21, 2018 4:13 PM To: Prandoni, Christopher D. EOP/CEQ Cc: Herrgott, Alex H. EOP/CEQ Subject:RE: CEQ ESAconvo > Alex, when you get a chance can you send over any docs Chris referenced below? Thank you . From: Prandoni , Christopher D. EOP/CEQ(mailto Sent: Tuesday, February 13, 2018 9:47 AM To: Braden, Parish Cc: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ ESAconvo > Hey Braden, No Hill Liaison yet; although I think we have someone making the ir way through the process. AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000002633 CEQ-18-0173-H-000120 I copied Alex Herrgott on th is email who has all the cleared briefing materials . After he sends you all his stuff , if you sti ll have questions , maybe we can all jump on the phone . From: Braden, Parish [mailto:Parish .Braden@mail.house .gov ) Sent: Tuesday, February 13, 2018 9:02 AM To: Prandoni, Christopher D. EOP/CEQ > Subject:FW: CEQ ESAconvo Good morning , Chris - does CEQ have a Hill Liaison yet? I had a couple questions related to the administration ' s infrastructure plan and permitting reforms through CEQ. Also wanted to make sure I'm on any contact lists you guys might have for the Hill, if such a list exists. Thanks for any guidance you can provide. - Parish From: Ungerecht , Todd Sent: Wednesday, January 31, 2018 12:56 PM To: Alberts, Marc Subject:Re: CEQ ESAconvo Parish or I. Sent from my iPhone On Jan 31, 2018, at 12:45 PM, Alberts, Marc wrote: Chris Prandoni from WH/CEQ wants to chat via phone call about ESA issues. Which of our staff should I throw this to? -Marc To: Alberts , Mar c Subject: CEQ ESAconvo Thanks, Marc. Chris Prandoni Associate Director for Natural Resources AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000002633 CEQ-18-0173-H-000121 - Council on Environmental Quality www.whitehouse.gov/ceg AMERICAN PVERSIGHT 3 CEQ050FY18091 _ 000002633 CEQ-18-0173-H-000122 RE: CEQ ESA convo From To: Date: "Braden , Parish" "Herrgott, Alex H. EOP/CEQ" >, "Prandoni , Christopher D. EOP/CEQ" Wed, 21 Feb 20 18 22:54:31 -0500 Thanks, Alex. I will call you tomorrow. From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Wednesday,February21, 2018 4:49 PM To: Braden, Parish;Prandoni, Christopher D. EOP/CEQ Subject : RE: CEQ ESAconvo Hey Braden, The pr inciples are at this link below: https://www .whitehouse.gov/briefings-statements/building-stronger-america-president-donald-jtrumps-american-infrastruc t ure-initiative/ The NEPA pieces wi ll be of most interest to you bud . Alex From: Braden, Parish [mailto:Parish.Braden@mail.house.gov ) Sent: Wednesday, February 21, 2018 4:13 PM To: Prandoni, Christopher D. EOP/CEQ Cc: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ ESAconvo Alex, when you get a chance can you send over any docs Chris referenced below? Thank you. From: Prandoni, Christopher D. EOP/CEQ mailto Sent: Tuesday, February 13, 2018 9:47 AM To: Braden, Parish AMERICAN PVERSIGHT 1 CEQ050FY1809 1_000003082 CEQ-18-0173-H-000123 Cc: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ ESAconvo Hey Braden, No Hill Liaison yet; although I t hink we have someone maki ng t heir way through the process. I copied Alex Herrgott on this email who has all the cleared br iefi ng materia ls. After he sends you all his stuff, if you st ill have quest ions, maybe we can all j ump on the phone. From: Braden, Parish (mailto:Parish.Braden@mail.house.gov ] Sent: Tuesday, February 13, 2018 9:02 AM To: Prandoni, Christopher D. EOP/CEQ Subject: FW: CEQ ESAconvo > Good morning, Chris - does CEQ have a Hill liaison yet? I had a couple questions related to the administration's infrastructure plan and permitting reforms through CEQ. Also wanted to make sure I'm on any contact lists you guys might have for the Hill, if such a list exists. Thanks for any guidance you can provide . - Parish Paris h Braden Depul y Slajf Direclor HouseCommilteeon NaluralResources Rep. Rob Bishop (R-UT), Chairman FM From: Ungerecht , Todd Sent: Wednesday, January 31, 2018 12:56 PM To: Alberts , Marc Subject: Re: CEQ ESAconvo Parish or I. Sent from my iPhone On Jan 31, 2018, at 12:45 PM, Alberts, Marc wrote: Chris Prandoni from WH/CEQ wants to chat via phone call about ESA issues. Which of ou r staff should I throw this to? -Marc AMERICAN PVERSIGHT 2 CEQ050FY18091 _000003082 CEQ-18-0173-H-000124 To: Alberts, Marc Subject:CEQ ESAconvo My work cell is- . Thanks, Marc. Chris Prandoni Associate Director for Natural Resources Council on Environmental Quality - www.whitehouse.gov/ceq AMERICAN PVERSIGHT 3 CEQ050FY18091 _ 000003082 CEQ-18-0173-H-000125 FW: BothSidesof the AisleWant BetterRoadsand Ports- WSJ From: "Forbes, Andre w (lnhofe )" To: "Herrgott , Alex H. EOP/CEQ" Date: Thu, 22 Feb 20 18 09 :03:37 -0500 ---Original Message--From: Burke, Leacy (Inhofe) Sent: Wednesday, February 2 1, 20 18 6:24 PM To: Forbes , Andrew (Inhofe ) ; Hollan d, Luke (Inhofe) ~Ltlke_Holland @inhofe.senate.gov ->;Wright , Jennie (Inhofe) ~Jennie_ Wrigbt @inhofe.senate.gov :.> Subject: Both Sides of the Aisle Want Better Roads and Ports - WSJ It' s live! >https://www.wsj.com/articles/both-sides-of-the-aisle-want-better-roads-and-ports- l 519254838< Sent from my iPhone AMERICAN PVERSIGHT 1 CEQ050FY18091_000001543 CEQ-18-0173-H-000126 Infrastructure Initiative From: "Borek, Tom (Budget)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 23 Feb 2018 09:46:23 -0500 Hi Alex, I don 't know that we've met, but I handle transportation policy on behalf of Senator Enzi on the Budget Committee. I wanted to reach out because we're contemplating a hear ing on the new infrastructure proposal and general budget implications. As I'm thinking through potential witnesses, we obviously would like the Administration to come speak to the proposal. I'm trying to better understand if there may be someone from the WH who can speak to the entire proposal, or if it makes sense to keep it to department/agency heads. Would you be able to chat through this or refer me to someone who can speak to the infrastructure initiative? We're looking at a mid-March hearing date at this point (3/14 or 3/21 most likely). look forward to hearing from you. Tom Borek Republican Staff Senate Budget Committee - AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000001540 CEQ-18-0173-H-000127 Re: Confirmation -- BipartisanBriefingon Friday From "Herrgott, Alex H. EOP/CEQ" <"/o =exchange organization/ou =exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 To: "Arnakis, Adrian (Commerce)" "Lai , Joseph G. EOP/WHO" Cc: d 14e44c8e9-he"> "Rossi , Nick (Commerce)" , "McMaster , Sean (OST)" , "Kan, Derek (OST)" Date: Wed , 28 Feb 2018 11 :01:28 -0500 Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It' s not an ego thing...Ijust think it looks better. Sent from my iPhone > wrote: On Feb 28, 2018, at 10:56 AM, Arnalds, Adrian (Commerce) , "Amakis, Adrian (Commerce)" Cc: "McMaster, Sean (OSn" , "Kan, Derek (OSn " , "Herrgott, Alex H. EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logist ics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AMERICAN PVERSIGHT 1 CEQ050 FY18091 _ 000000928 CEQ-18-0173-H-000128 Administration Participants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 2 CEQ050FY18091 _000000928 CEQ-18-0173-H-000129 Re: Confirmation -- BipartisanBriefingon Friday From To: "Kan, Derek (OST)" "Arnakis, Adrian (Commerce)" , "Lai, Joseph G. Cc: EOP/W HO" "Rossi, Nick (Commerce)" , "McMaster, Sean (OST)" Date: Wed, 28 Feb 20 18 11 :38:26 -0500 S3 does make good points Sent from my iPhone On Feb 28, 20 18, at 11:06 AM , Kan , Derek (OST) wrote: I non concur I think Hergott should just have ALEX , it's like Bono or Beyonce. First name is all that's needed . On Feb 28 , 2018 , at 11:02 AM , Hengott, Alex H. EOP / CEQ wrote: Small request. Since I am at table with all the Honorables , can I have a tent card with "MR. " In all caps and in large font. It's not an ego thing .. .Ijust th.inkit looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Amakis , Adrian (Commerce ) wrote : We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us Know. As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original message -------From: "Lai , Joseph G. EOP / WHO" Date : 2/28/ 1810: 12 AM (GMT-05 :00) To : "Rossi , Nick (Commerce)" , "Amakis , Adrian (Commerce)" Cc : "McMaster, Sean (OSD" , "Kan , Derek (OST)" , "Herrgott , Alex H. EOP /CEQ" Subject: Coufim1ation -- Bipartisan Briefing on Friday 1 AMERICAN PVERSIGHT 1 CEQ050FY18091_000001273 CEQ-18-0173-H-000130 Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer open ing remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (comm ittee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transporta tion The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The Wh ite House Joseph Lai Special Assistant to the President Legislative Affairs The Wh ite House AMERICAN PVERSIGHT 2 CEQ050FY18091 _000001273 CEQ-18-0173-H-000131 Re: Confirmation -- BipartisanBriefingon Friday From To: "Arnakis, Adrian (Commerce)" "Lai, Joseph G. EOP/WHO" Cc: "Rossi , Nick (Commerce)" , "McMaster , Sean (OST)" , "Kan, Derek (OST)" Date: Wed , 28 Feb 2018 11:01 :27 -0500 Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing...Ijust think it looks better. Sent from my iPhone > wrote: On Feb 28, 2018, at 10:56 AM, Arnalds, Adrian (Commerce) , "Amakis, Adrian (Commerce)" Cc: "McMaster, Sean (OSn" , "Kan, Derek (OSn " , "Herrgott, Alex H. EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logist ics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supp lementa l comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover , and Alex for? AMERICAN PVERSIGHT 1 CEQ050 FY18091 _ 000001274 CEQ-18-0173-H-000132 Administration Participants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 2 CEQ050FY18091 _000001274 CEQ-18-0173-H-000133 Re: Confirmation -- BipartisanBriefingon Friday From To: "Kan, Derek (OST)" "Herrgott, Alex H. EOP/CEQ' "Arnakis, Adrian (Commerce)" , Cc: EOP/WHO " , Date: "Lai, Joseph G. "Rossi, Nick (Commerce)" "McMaster, Sean (OST)" Wed, 28 Feb 2018 11 :06:30 -0500 I non concur I think Hergott should just have ALEX, it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request. Since I am a1 table with all the Honorables, can I have a lent card with "1:IR." In all caps and in large font. It's not an ego thlng ...I just think it looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Amakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know . As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Originalmessage-------From: "Lai, JosephG. EOP/WHO" Date: 2/28/ 18 10:12 AM (GMT-05:00) To: "Rossi, Nick (Commerce)" , "Arnakis, Adrian (Commerce)" Cc: "McMaster, Sean (OST)" , "Kan, Derek (OST)" , "Herrgott, Alex.H. EOP/CEQ" Subject: Confmnation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. AMERICAN PVERSIGHT 1 CEQ050FY18091_000001524 CEQ-18-0173-H-000134 Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? Administration Participants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 2 CEQ050FY18091 _000001524 CEQ-18-0173-H-000135 Confirmation -- BipartisanBriefingon Friday From To: Cc: Date: "Lai , Joseph G. EOP/WHO" "Rossi , Nick (Commerce)" , "Arnakis , Adrian (Commerce)" "McMaster, Sean (OST)" , "Kan , Derek (OST)" , " Herrgott , Alex H. EOP/CEQ" Wed , 28 Feb 2018 10:11:24 -0500 Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek , Grover, and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The Wh ite House AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000001525 CEQ-18-0173-H-000136 Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000001525 CEQ-18-0173-H-000137 Re: Confirmation -- BipartisanBriefingon Friday From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou =exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Kan, Derek (OST)" "Arnakis, Adrian (Commerce)" , "Lai, Joseph G. Cc: EOP/W HO" "Rossi, Nick (Commerce)" , "McMaster, Sean (OST)" Date: Wed, 28 Feb 20 18 11 :38:27 -0500 S3 does make good points Sent from my iPhone On Feb 28, 20 18, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX, it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Hengott, Alex H. EOP/CEQ wrote: Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing...Ijust th.inkit looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Amakis , Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us Know. As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original message -------From: "Lai, Joseph G. EOP/WHO" Date: 2/28/ 1810: 12 AM (GMT-05:00) To: "Rossi, Nick (Commerce)" , "Amakis, Adrian (Commerce)" Cc: "McMaster, Sean (OSD" , "Kan, Derek (OST)" , "Herrgott, Alex H. EOP/CEQ" Subject: Coufim1ation -- Bipartisan Briefing on Friday 1 AMERICAN PVERSIGHT 1 CEQ050FY18091_000002615 CEQ-18-0173-H-000138 Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer open ing remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (comm ittee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transporta tion The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The Wh ite House Joseph Lai Special Assistant to the President Legislative Affairs The Wh ite House AMERICAN PVERSIGHT 2 CEQ050FY18091 _000002615 CEQ-18-0173-H-000139 Re: Confirmation -- BipartisanBriefingon Friday From To: Cc: Date: "Arnakis, Adrian (Commerce)" "Lai , Joseph G. EOP/WHO" "Rossi , Nick (Commerce)" "McMaster, Sean (OST)" , "Kan , Derek (OST)" , " Herrgott , Alex H. EOP/CEQ" Wed, 28 Feb 2018 10:55:51 -0500 We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Origin al messag e -------From: "Lai, Joseph G. EOP/WHO " Da te: 2/28/18 10: 12 AM (GMT- 05:00) To : "Ross i, Nick (Comme rce)" , "Arn akis, Adrian (ColllJllerce)" Cc : "McMa ster, Sean (OS T)" , "Kan , Dere k (OST)" , "Herr gott, Al ex H. EOP/CEQ" Subject: Confirm ation -- Bipartis an Briefi ng on Frida y Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing . Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup , attendees (comm ittee staff only? Personal off ices?) and anything else we should be prepping Derek, Grover, and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000003075 CEQ-18-0173-H-000140 Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The Wh ite House - AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000003075 CEQ-18-0173-H-000141 RE: Confirmation- BipartisanBriefingon Friday From "Rossi , Nick (Commerce)" , " Herrgott, A lex H. EOP/CEQ" To: "Kan, Derek (OST)" , "Arnakis, Adrian (Commerce)" Cc: , "McMaster, Sean (OST)" Date: Thu , 01 Mar 2018 20:47:38 -0500 Commerce Committee hearing room : 253 Russell From: Lai, Joseph G. EOP/WHO [mailto Sent: Thursday, March 1, 2018 8:45 PM To: Herrgott, Alex H. EOP/CEQ Cc: Kan, Derek (OST); Arnakis, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster , Sean (OST) Subject: Re: Confirmation - Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Herrgott , Alex H. EOP/CEQ wrote: S3 does make good points Sent from my iPhone On Feb 28, 2018 , at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX, it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott , Alex H. EOP/CEQ wrote: AMERICAN PVERSIGHT 1 CEQ050FY18091_000002274 CEQ-18-0173-H-000142 Small request. Since I am at table with all the Honorables , can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ... ! just think it looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know . As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original message -------From: "Lai, Joseph G. EOP /WHO" Date: 2/28/18 10:12 AM (GMT-05 :00) To: "Rossi, Nick (Commerce)" , "Arnakis , Adrian (Commerce)" Cc: "McMaster , Sean (OST)" , "Kan, Derek (OST)" , "Herrgott , Alex H. EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non- DOT provis ions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation AMERICAN PVERSIGHT 2 CEQ050FY18091_000002274 CEQ-18-0173-H-000143 Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 3 CEQ050FY18091_000002274 CEQ-18-0173-H-000144 Re: Confirmation -- BipartisanBriefingon Friday From To: "Lai, Joseph G. EOP/W HO" "Herrgott, Alex H. EOP/CEQ" "Kan, Derek (OST)" , "Arnakis, Adr ian (Commerce)" Cc: , "Rossi, Nick (Commerce}" , "McMaster, Sean (OST)" Date; Thu, 01 Mar 2018 20:45:14 -0500 What is room location? Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhoue On Feb 28, 2018, at 11:38 AM, Herrgort, Alex H. EOP/CEQ S3 does make good points Sent from my iPhone On.Feb 28 , 2018, at 11:06 AM , Kan , Derek (OSD wrote: I non concur I think Hergott should just have ALEX , it's like Bono or Beyonce . First name is aU that 's needed. On Feb 28, 20.18, at 11:02 AM, Herrgott, Alex H. EOP /CE I, I ,, wrote: Small request. Since I am at table with all the Honorables , can I have a tent card with "MR " In all caps and in large font. It's not an ego thing ...Ijust think it looks better. Sent from my iPhone On Feb 28, 2018, at I 0:56 AM , Amakis , Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup, happy to do what you like . As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. AMERICAN PVERSIGHT 1 CEQ050FY 18091_ 000003069 CEQ-18-0173-H-000145 -------- Ori ginal mess age ----- -From : "Lai, Joseph G. EOP/WHO" Date: 2/28/ 18 I0 :12 AM (GMT-05 :00) To: "Rossi, N ick (Commerce )" , "Amaki s, Adrian (Commer ce)" Cc: "McMaster , Sean (OST)" , "Kan, Derek (OS 1)" , "Herr gon , Alex H. EOP /CEQ" Subject: Confumation - Biparti san Bri efing on Frida y Nick & Adrian, Wanted to reconfirm logist ics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and a lso take questio ns regarding non-DOT provisions in the Administration's infrastructu re plan . Can you let us know about room setup, attendees (committee staff on ly? Personal offices?) and anything else we should be prepp ing Derek, Grover , and Alex for? Admini stration Parti cipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burt hey Deputy Assistant Secretary for Policy Department of Transportation Mr . Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaste r Deputy Assistant Secretary for Congressiona l Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assist ant to the President Legislative Affairs The Whi te House AMERICAN PVERSIGHT 2 CEQ050FY18091_ 000003069 CEQ-18-0173-H-000146 Re: Confirmation -- BipartisanBriefingon Friday From To: "Lai, Joseph G. EOP/W HO" "Rossi, Nick (Commerce)" "Kan , Derek (OST)" , "Herrgott, Alex H. EOP/CEQ" "Arnakis, Adrian (Comme rce)" Cc: , "McMaster, Sean (OST)" , veronica.ford@dot.gov Date: Fri, 02 Mar 2018 07:34:03 -0500 Fine with me if we can do in the morning. Derek/Veronica? Sent from my iPhone On Mar 2, 2018, at 7:32 AM, Rossi, Nick (Commerce) wrote: That's fine. Perhaps we could aim for this coming Wednesday, given that our hearing with the two Secretaries has been postponed a week? Sent frommy iPhone On Mar 2, 2018, at 7:30 AM, La~ Joseph G. EOP/WHO wrote: Let's punt to next week to ensure best turnout. Sent from my iPhone On Mar 2, 2018, at 7:20 AM, Kan, Derek (OST) wrote: Grover and i will be available to brief but we defer to you and the White House. On Mar 2, 2018, at 6:42 AM, Rossi, Nick (Commerce) wrote: Folks, We are evaluatingwhat to do with our office today, given that OPM has closedthe governmentdue to the high wia.dconditions. Even if our office opens, I imagine others may follow OPM's lead. What are your thoughts on proceeding with the planned briefing? AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000001518 CEQ-18-0173-H-000148 Thanks , N ick Sent from my iPhone On Mar I, 2018, at 8:47 PM , Rossi, Nick (Commerce) wrote: Commerce Committee hearing room : 253 Russell From: Lai, Joseph G. EOP/WHO [mailto&d Sent: Thursday, March 1, 2018 8:45 PM To: Herrgott, Alex H. EOP/CEQ Cc:Kan, Derek (OST) ; Arnakis, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster, Sean {OST) Subject: Re: Confirmation -- Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting. We wi ll be departing WH at 910am. Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Herrgott , Alex H. EOP/CEQ wrote: 53 does make good points Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX, it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ... ! just think it looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. AMERICAN PVERSIGHT 2 CEQ050FY18091 _000001518 CEQ-18-0173-H-000149 As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original message -------From: "Lai, Joseph G . EOP/WHO" Date: 2/28/18 10:12 AM (GMT-05:00) To: "Rossi , Nick (Commerce)" , "Amak:is, Adrian (Commerce)" Cc: ''McMaster , Sean (OST)" , "Kan, Derek (OST)" , "Herrgott , Alex H . EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer open ing remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AdministrationParticipants The Honorab le Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastruc ture Council for Environmental Quality The Honorab le Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to t he President for Legislative Affairs AMERICAN PVERSIGHT 3 CEQ050 FY18091 _ 000001518 CEQ-18-0173-H-000150 The White House Joseph Lai Special Assistant to the President Legislative Affairs The Wh ite House - AMERICAN PVERSIGHT 4 CEQ050 FY18091 _ 000001518 CEQ-18-0173-H-000151 Re: Confirmation -- BipartisanBriefingon Friday From To: "Rossi, Nick (Commerce)" "Lai , Joseph G. EOP/W HO" "Kan, Derek (OST)" , "Herrgott, A lex H. EOP/C EQ" , "Arnakis, Adrian (Comme rce)" Cc: , "McMaster, Sean (OST)" Date: Fri, 02 Mar 2018 07:32:03 -0500 That's fine. Perhaps we could aim for this coming Wednesday, given that our hearing with the two Secretaries has been postponed a week? Sent from my iPhone Let' s ptmt to next week to ensure best turnout. Sent from my iPhone On Mar 2, 20 18, at 7:20 AM, Kan, Derek (OST) wrote: Grover and i will be available to brief but we defer to you and the White House. On Mar 2. 2018. at 6:42 AM . Rossi. Nick (Commerce) wrote: Folks , We are evaluating what to do with our office today, given that OPM has closed the government due to the high wind conditions. Even if our office opens, I imagine others may follow OPM' s lead. What are your thoughts on proceeding with the planned briefing? Thanks , Nick Sent from my iPhone On Mar I, 2018, at 8:47 PM, Rossi, Nick (Commerce) wrote: Commerce Committee hearing room : 253 Russell AMERICAN PVERSIGHT 1 CEQ050 FY18091_000001519 CEQ-18-0173-H-000152 From: Lai, Joseph G. EOP/WHO [mailtoSM Sent: Thursday, March 1, 2018 8:45 PM To: Herrgott, Alex H. EOP/CEQ Cc:Kan, Derek (OST); Arnakis, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster, Sean (OST) Subject:Re: Confirmation -- Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Herrgott, Alex H. EOP/CEQ wrote: 53 does make good points Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek {OST) wrote: I non concur I think Hergott should just have ALEX,it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request . Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ...l just think it looks better . Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original message -------From: "Lai, Joseph G. EOP /WHO" AMERICAN PVERSIGHT 2 CEQ050FY18091_000001519 CEQ-18-0173-H-000153 Date : 2/28/ 18 10:12 AM (GMT -05:00) To: "Rossi, Nick (Commerce)" , "Amakis , Adrian (Commerce)" Cc: "McMaster , Sean (OST)" , "Kan, Derek (OST)" , "Herrgott , Alex H. EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supp lemental comments and also take questions regarding nonDOT provisions in the Administration ' s infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Di rector for Infrastructu re Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House AMERICAN PVERSIGHT 3 CEQ050FY18091 _000001519 CEQ-18-0173-H-000154 Re: Confirmation -- BipartisanBriefingon Friday From "Rossi, Nick (Commerce)" 'Herrgott, A lex H. EOP/CEQ" To: "Kan, Derek (OST)" , "Arnakis, Adrian (Commerce)" Cc: , "McMaster, Sean (OST)" Date: Fri, 02 Mar 2018 06:42:37 -0500 Folks, We are evaluating what to do with our office today, given that OPM has closed the government due to the high wind conditions. Even if our office opens, I imagine others may follow OPM's lead. What are your thoughts on proceeding with the planned briefing? Thanks, Nick Sent from my iPhone On Mar 1, 2018, at 8:47 PM, Rossi, Nick (Commerce) wrote: Commerce Committee hear ing room : 253 Russell From: Lai, Joseph G. EOP/WHO [mailt ui Sent: Thursday, March 1, 2018 8:45 PM To: Herrgott, Alex H. EOP/CEQ Cc: Kan, Derek (OST) ; Arnakis, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster, Sean (OST) Subject: Re: Confirmation -- Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Herrgott, Alex H. EOP/CEQ wrote: 53 does make good points AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000002273 CEQ-18-0173-H-000156 Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX,it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ... l just think it looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian {Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original message ------From : "Lai, Joseph G. EOP/WHO" Date : 2/28 / 18 10:12 AM (GMT-05:00) To: "Rossi, Nick (Commerce)" , "Arnakis , Adrian (Commerce)" Cc: "McMaster, Sean (OST)" , "Kan , Derek (OST)" , "Herrgott, Alex H. ROP/C EQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AMERICAN PVERSIGHT 2 CEQ050FY18091 _000002273 CEQ-18-0173-H-000157 Administration Participants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for legis lative Affairs The White House Joseph Lai Special Assistant to the President legislative Affairs The White House - AMERICAN PVERSIGHT 3 CEQ050FY18091 _ 000002273 CEQ-18-0173-H-000158 Re: Confirmation -- BipartisanBriefingon Friday From To: "Kan, Derek (OST)" "Lai , Joseph G. EOP/W HO" "Rossi , Nick (Commerce)" , "Herrgott, Alex H. EOP/CEQ" Cc: "Arnakis, Adrian (Commerce)" , "McMaster, Sean (OST)" , "Ford, Veronica (OST)" Date: Fri, 02 Mar 2018 07:39:06 -0500 Same here...morning is good. On Mar 2, 2018, at 7:34 AM, Lai, Joseph G. EOP/WHO wrote: Fine with me if we can do in the morning. Derek/Veronica? Sent from my iPhone On Mar 2, 2018, at 7:32 AM , Rossi, Nick (Commerce) wrote: That's fine. Perhaps we could aim for this coming Wednesday, given that our hearing with the two Secretaries has been postponed a week? Sent from my iPhone On Mar 2, 2018, at 7:30 AM, Lai, Joseph G. EOP/WHO 1 > wrote: Let's punt to next week to ensure best turnout. Sent from my iPhone > wrote: On Mar 2, 2018, at 7:20 AM, Kan, Derek (OST) wrote: On Mar 2, 2018 , at 6:42 AM , Rossi, Nick (Commerce) wrote: Commerce Committee hear ing room: 253 Russell Cc:Kan, Derek (OST) ; Arnakis, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster, Sean (OST) Subject:Re: Confirmation -- Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting. We will be departing WH at 910am . Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Herrgott, Alex H. EOP/CEQ wrote: S3 does make good points Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX, it's like Bono or Beyonce. First name is all that's needed . On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote : Small request . Since I am at table with all the Honora bles, can I have a tent card with "MR ." In all caps and in large font. It' s not an ego thing ... l just think it looks better . Sent from my iPhone AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000003065 CEQ-18-0173-H-000160 On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end . -------- Original message -----From: "Lai, Joseph G. EOP/WHO" Date: 2/28/ 18 10:12 AM (GMT-05 :00) To: "Rossi , Nick (Commerce)" , "Arnakis , Adrian (Commerce)" Cc: "McMaster , Sean (OST)" , "Kan , Derek (OST)" , "Herrgott , Alex H. EOP /CEQ" Subject : Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comme nts and also take questions regarding non -DOT prov isions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality AMERICAN PVERSIGHT 3 CEQ050FY18091 _ 000003065 CEQ-18-0173-H-000161 The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 4 CEQ050FY18091 _ 000003065 CEQ-18-0173-H-000162 Re: Confirmation -- BipartisanBriefingon Friday From "Lai, Josep h G. EOP/WHO" To: "Kan, Derek (OST)" "Rossi , Nick (Commerce)" , "Herrgott, Alex H. EOP/C EQ" Cc: "Arnakis, Adrian (Commerce)" , "McMaster, Sean (OST)" Date: Fri , 02 Mar 20 18 07:30:26 -0500 Let's punt to next week to ensure best turnout. Sent .from my iPhone On Mar 2, 2018 , at 7:20 AM , Kan, Derek (OST) wrote: Grover and i will be available to brief bu t we defer to you and the While House. On Mar 2, 2018 , at 6:42 AM , Rossi , Nick (Colllillerce) wrote: Follcs, We are evaluating what to do with our office today , given that OPM has closed the government due to the high wind conditions. Even if our office opens, I imagine others may follow OPM ' s lead. What are your thoughts on proceeding with the planned briefing ? Thanks , Nick Sent from my iPhone On Mar 1, 2018 , at 8:47 PM, Ro ssi , Nick (Commerce) wrote: Commerce Committee hearing room : 253 Russell From: Lai, Joseph G. EOP/WHO [mailtnfff Sent: Thursday, March 1, 20 18 8:45 PM ?. To: Herrgott, Alex H. EOP/CEQ I b l:; Cc: Kan, Derek (OST) ; Arnakis, Ad rian (Commerce) ; Rossi, Nick (Commerce) ; McMaster, Sean {OST) Subject : Re: Confirmation -- Bipartisan Briefing on Friday AMERICAN PVERSIGHT 1 CEQ050 FY18091 _ 000003066 CEQ-18-0173-H-000163 What is room location 7 Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Herrgott, Alex H. EOP/CEQ wrote: S3 does make good points Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX,it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ...l just think it looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup, happy to do what you like . As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- OriginaJ message ------From: "Lai, Joseph G. EOP/WHO" Date: 2/28/ 18 10:12 AM (GMT-05:00) To: "Rossi , Nick (Commerce)" , "Arnakis , Adrian (Commerce)" Cc: "McMaster , Sean (OST)" , "Kan , Derek (OST)" , "Herrgott , Alex H. EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000003066 CEQ-18-0173-H-000164 Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House AMERICAN PVERSIGHT 3 CEQ050FY18091 _ 000003066 CEQ-18-0173-H-000165 Re: Confirmation -- BipartisanBriefingon Friday From To: "Kan, Derek (OST)" "Rossi, Nick (Commerce)" " Herrgott , Alex H. EOP/C EQ" Cc: , "McMaster, Sean (OST)" Date: Fri, 02 Mar 2018 07:20:09-0500 Grover and i will be available to brief but we defer to you and the White House. On Mar 2, 2018, at 6:42 AM, Rossi, Nick (Commerce) wrote: Folks, We are evaluating what to do with our office today, given that OPM has closed the governmentdue to the high wind conditions.Even if our office opens, I imagine others may follow OPM's lead. What areyour thoughts on proceedingwith the planned briefing? Thanks , N ick Sent from my iPbone On Mar 1, 2018, at 8:47 PM, Rossi, Nick (Commerce) wrote: Commerce Comm ittee hearing room : 253 Russell From: Lai, Joseph G. EOP/WHO [mailt.,fii9 Sent: Thursday, March 1, 2018 8:45 PM To: Herrgott, Alex H. EOP/CEQ Cc: Kan, Derek (OST) ; Arnak is, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster , Sean (OST) Subject:Re: Confirmation -- Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting . We wi ll be departing W H at 910am . Sent from my iPhone AMERICAN PVERSIGHT 1 C EQ050FY18091 _ 00000306 7 CEQ-18-0173-H-000166 On Feb 28, 2018, at 11:38 AM, Herrgott , Alex H. EOP/CEQ wrote : 53 does make good points Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX, it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ...l just think it looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnak is, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know . As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original me ssage -------From: "Lai, Joseph G. EOP/WHO" ,. b t) > Dat e: 2/28/ 18 10:12 AM (GMT-05:00 ) To : "Rossi , Nick (Commerce)" , "Arnakis , Adrian (Commerce)" < Adrian Amakis@commerce.senate .gov> Cc: "McMaster , Sean (OST)" < sean .mcmaster@dot.gov >, "Kan , Derek (OST)" , "Herrgott , Ale x H. EOP /CEQ" I Subject: Confirmation -- Bipartisan Briefing on Frida y Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000003067 CEQ-18-0173-H-000167 Our vision would be Derek and Grover offer opening remarks - and Alex would be in a posit ion to provide supplemental comments and also take questions regarding non-DOT provisions in the Administratio n's infrastructure plan. Can you let us know about room setup, attendees (committee staff on ly? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? Administration Participants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President - Legis lative Affairs The White House AMERICAN PVERSIGHT 3 CEQ050FY18091 _ 00000306 7 CEQ-18-0173-H-000168 Re: Confirmation -- BipartisanBriefingon Friday From To: "Lai , Jos ep h G. EOP/WHO" "Rossi , Nick (Commerce)" "Kan, Derek (OST )" "Herrgott, Alex H. EOP/CEQ" , "Arnakis , Adrian (Commerce)" Cc: , "McMaster, Sean (OST) " , stephanie_gamache@commerce.senate.gov Date: Fri , 02 Mar 20 18 06:41 :57 -0500 UnfortunatelyOPM is closed today. Stephanie:Can you send some windows that work for next week? Sent from my iPbone On Mar I , 2018 , at 8:47 PM, Rossi, Nick (Commerce) wrote: Commerce Committee heari ng room: 253 Russell Cc:Kan, Derek {OST) ; Arnakis, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster , Sean (OST) Subject: Re: Confirmation -- Bipartisan Briefing on Friday What is room loc ation? Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Herrgott, Alex H. EOP/CEQ wrote: 53 does make good points Sent from my iPhone AMERICAN PVERSIGHT 1 CEQ050FY18091_000003068 CEQ-18-0173-H-000169 On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX,it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request . Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ...( just think it looks better. Sent from my iPhone On Feb 28, 2018 , at 10:56 AM , Arnakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end . -------- Original message -------From : "Lai, Joseph G. EOP/WHO" Date : 2/28/ 18 10:12 AM (GMT-05:00) To: "Rossi, Nick (Commerce)" , "Amakis , Adrian (Commerce)" Cc: "McMaster , Sean (OST)" , "Kan, Derek (OST)" , "Herrgott, AlexH. EOP /CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT prov isions in the Administrat ion's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anyth ing else we should be prepping Derek, Grover, and Alex for? Administration Participants AMERICAN PVERSIGHT 2 CEQ050FY18091_000003068 CEQ-18-0173-H-000170 The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 3 CEQ050FY18091_000003068 CEQ-18-0173-H-000171 RE: Confirmation- BipartisanBriefingon Friday From To: "Gamache, Stephanie (Commerce)" "Lai , Joseph G. EOP/WHO" "Rossi , Nick (Commerce)" "Kan, Derek (OST)" "Herrgott, Alex H. EOP/CEQ' Cc: , "Arnakis, Adr ian (Commerce)" , "McMaster, Sean (OST)" Date: Mon, 05 Mar 2018 10:03:50 -0500 Good Morning , Friendly reminder . Please get back to me at your earl iest convenience . Room is available: Tuesday afternoon (3:30-6pm) Wednesday morning , 10:30-12:30 Wednesday after 3pm Thursday morning {9am-2:30pm) Friday morning {9am-11am) Thank you, From: Lai, Joseph G. EOP/WHO [mailto Sent: Friday, March 2, 2018 6:42 AM To: Rossi, Nick (Commerce) Cc: Herrgott, Alex H. EOP/CEQ ; Kan, Derek {OST) ; Arnakis, Adrian (Commerce) ; McMaster, Sean (OST); Gamache, Stephanie (Commerce) Subject:Re: Confirmation - Bipartisan Briefing on Friday Unfortunately OPM is closed today. Stephanie: Can you send some windows that work for next week? Sent from my iPhone AMERICAN PVERSIGHT 1 CEQ050FY18091_000001517 CEQ-18-0173-H-000172 On Mar 1, 2018, at 8:47 PM, Rossi, Nick (Commerce) wrote: Commerce Committee hear ing room : 253 Russell From: Lai, Joseph G. EOP/WHO [mailt; Arnakis, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster, Sean (OST) Subject : Re: Confirmation -- Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhone On Feb 28, 2018, at 11:38 AM, Herrgott, Alex H. EOP/CEQ wrote: 53 does make good points Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX,it's like Bono or Beyonce. First name is all that's needed . On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request . Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ... ! just think it looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup , happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. AMERICAN PVERSIGHT 2 CEQ050FY18091_000001517 CEQ-18-0173-H-000173 Format sounds great on our end. -------- Original message -------From: "Lai, Joseph G. EOP/WHO" Date : 2/28/18 10:12 AM (GMT -05:00) To: "Rossi, Nick (Commerce)" , "Arnakis , Adrian (Commerce)" Cc : "McMaster , Sean (OST) " , "Kan, Derek (OST )" , "Herrgott , Alex H. EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian , Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover , and Alex for? AdministrationParticipants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Her rgott Associate Di rector for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House AMERICAN PVERSIGHT 3 CEQ050FY18091 _ 000001517 CEQ-18-0173-H-000174 Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 4 CEQ050FY18091 _000001517 CEQ-18-0173-H-000175 RE: Confirmation- BipartisanBriefingon Friday From: To: "Gamache , Stephanie (Commerce)" "Lai, Joseph G. EOP/WHO" "Rossi, Nick (Commerce)" "Herrgott, Alex H. EOP/CEQ" Cc: "Kan, Derek (OST)" , "Arnakis, Adrian (Commerce)" , "McMaster, Sean (OST)" Date: Attachments Mon, 05 Mar 2018 12:31 :16 -0500 Bipart Infrastructure Briefing (35.84 kB) Great. On the calend ar for tmw . Thanks Joe. Any room set up needs/ logistics please send my way . Thanks. From: Lai, Joseph G. EOP/WHO [mailt Sent: Monday, March 5, 2018 10:31 AM To: Gamache, Stephanie (Commerce) ; Rossi, Nick (Commerce) Cc:Herrgott, Alex H. EOP/CEQ ; Kan, Derek (OST) ; Arnakis, Adrian (Commerce) ; McMaster, Sean (OST) Subject:RE: Confirmation -- Bipartisan Briefing on Friday Let' s do Tuesday at 330PM . Thank you. From:Gamache, Stephanie (Commerce) [mailto:Ste phanie Gamache@commerce.senate .gov] Sent: Monday, March 5, 2018 10:04 AM To: Lai, Joseph G. EOP/WHO Rossi, Nick (Commerce) Cc: Herrgott, Alex H. EOP/CEQ ; Kan, Derek (OST) ; Arnakis, Adrian (Commerce) ; McMaster, Sean (OST) Subject:RE: Confirmation - Bipartisan Briefing on Friday Good Morn ing, AMERICAN PVERSIGHT 1 CEQ050FY18091_000003056 CEQ-18-0173-H-000176 Friend ly reminder. Please get back to me at your earliest conven ience . Room is available: Tuesday afternoon (3:30-6pm) Wednesday morning, 10:30 -12:30 Wednesday after 3pm Thursday morn ing (9am -2:30pm) Friday morning (9am-llam) Thank you, From: Lai, Joseph G. EOP/WHO [mailto Sent: Friday, March 2, 2018 6:42 AM >; Kan, Derek (OST) ; Arnakis, Adrian (Commerce) ; McMaster, Sean (OST) ; Gamache, Stephanie (Commerce) Subject:Re: Confirmation - Bipartisan Briefing on Friday Unfo rtunately OPM is closed today. Stephanie: Can you send some windows that work for next week? Sent from my iPhone On Mar 1, 2018, at 8:47 PM, Rossi, Nick (Commerce) wrote: Commerce Committee hearing room: 253 Russell From: Lai, Joseph G. EOP/WHO [mailto Sent : Thursday , March 1, 2018 8:45 PM To: Herrgott, Alex H. EOP/CEQ Cc: Kan, Derek (OST) ; Arnakis, Adrian (Commerce) ; Rossi, Nick (Commerce) ; McMaster, Sean (OST) Subject:Re: Confirmation -- Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhone AMERICAN PVERSIGHT 2 CEQ050FY18091 _000003056 CEQ-18-0173-H-000177 On Feb 28, 2018, at 11:38 AM, Herrgott, Alex H. EOP/CEQ wrote: S3 does make good points Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX,it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott, Alex H. EOP/CEQ wrote: Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ... l just think it looks better. Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian (Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know . As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original message -------From : "Lai, Joseph G. EOP/WHO" Date: 2/28/ 18 10:12 AM (GMT-05:00) To : "Rossi, Nick (Commerce)" , "Arnakis, Adrian (Commerce)" Cc: "McMaster, Sean (OST)" , "Kan, Derek (OST)" , "Herrgott , Alex H. EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. AMERICAN PVERSIGHT 3 CEQ050FY18091_000003056 CEQ-18-0173-H-000178 Our vision would be Derek and Grover offer opening rema rks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administration's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? Administration Participants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr. Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for legis lative Affairs The White House Joseph Lai Special Assistant to the President - Legislative Affairs The White House AMERICAN PVERSIGHT 4 CEQ050FY18091 _000003056 CEQ-18-0173-H-000179 BipartInfrastructure Briefing Where: SR-253 When : Tue Mar 0615 :30:00 2018 (America/New _York) Until: Tue Mar 06 16:30:00 2018 (America/New_York) Organiser: "Gamache, Stephanie (Commerce )" Required "Gamache, Stephanie (Commerce )" Attendee: On Tuesday,March 6, at 3:30 p.m., in SR-253, the Committee will host a bipartisan briefing on the Administration's infrastructure proposal. Under Secretary of Tran sportation for Policy Derek Kan (DOT) , Alex Herrgott (CEQ) , and Joseph Lai (WH Leg Affairs) will present. AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000003057 CEQ-18-0173-H-000180 RE: Confirmation- BipartisanBriefingon Friday From To: "Lai , Joseph G. EOP/WHO" "Gamache , Stephan ie (Commerce)" , "Rossi , Nick (Commerce)" "Herrgott, Alex H. EOP/CEQ" Cc: "Kan, Derek (OST)" , "Arnakis , Adrian (Commerce)" , "McMaster, Sean (OST)" Date: Mon, 05 Mar 2018 10:30:51 -0500 Let's do Tuesday at 330PM . Thank you . From:Gamache, Stephanie (Commerce) [mailto:Stephan ie_Gamache@commerce.senate.gov ] Sent: Monday, March 5, 2018 10:04 AM To: Lai, Joseph G. EOP/WHO Rossi, Nick (Commerce) Cc: Herrgott, Alex H. EOP/CEQ an, Derek (OST) ; Arnakis, Adrian (Commerce) ; McMaster, Sean (OST) Subject: RE: Confirmation -- Bipartisan Briefing on Friday Good Morning, Friend ly reminder . Please get back to me at your earliest convenience . Room is available: Tuesday afternoon (3:30-6pm) Wednesday morning , 10:30-12:30 Wednesday after 3pm Thursday morning (9am-2 :30pm) Friday morning (9am -llam) Thank you, From: Lai, Joseph G. EOP/WHO [mailt Sent: Friday, March 2, 2018 6:42 AM AMERICAN PVERSIGHT 1 CEQ050FY18091_000003060 CEQ-18-0173-H-000181 To: Rossi, Nick {Commerce) Cc:Herrgott, Alex H. EOP/CEQ Kan, Derek (OST) ; Arnakis, Adrian (Commerce) ; McMaster, Sean (OST) ; Gamache, Stephanie {Commerce) Subject:Re: Confirmation - Bipartisan Briefing on Friday Unfortunately OPM is closed today. Stephanie: Can you send some windows that work for next week? Sent from my iPhone On Mar 1, 2018, at 8:47 PM, Rossi, Nick (Commerce) wrote: Commerce Committee hearing room: 253 Russell From: Lai, Joseph G. EOP/WHO [mailtt. ? Sent:Thursday , March 1, 2018 8:45 PM To: Herrgott, Alex H. EOP/CEQ Cc:Kan, Derek (OST) ; Arnakis, Adr ian (Commerce) ; Rossi, Nick {Commerce) ; McMaster, Sean (OST) Subject: Re: Confirmation -- Bipartisan Briefing on Friday What is room location? Alex and I have a staff meeting. We will be departing WH at 910am. Sent from my iPhone On Feb 28, 2018 , at 11:38 AM, Herrgott, Alex H. EOP/CEQ wrote: 53 does make good points Sent from my iPhone On Feb 28, 2018, at 11:06 AM, Kan, Derek (OST) wrote: I non concur I think Hergott should just have ALEX, it's like Bono or Beyonce. First name is all that's needed. On Feb 28, 2018, at 11:02 AM, Herrgott , Alex H. EOP/CEQ wrote: Small request. Since I am at table with all the Honorables, can I have a tent card with "MR." In all caps and in large font. It's not an ego thing ... ! just think it looks better. AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000003060 CEQ-18-0173-H-000182 Sent from my iPhone On Feb 28, 2018, at 10:56 AM, Arnakis, Adrian {Commerce) wrote: We have invited commerce LAs. If you are interested in a broader attendance I am happy to have others invited as well. Let us know. As far as setup, happy to do what you like. As of now it will be an audience style and the folks presenting can stand in front. Format sounds great on our end. -------- Original message -------From : "Lai, Joseph G. EOP/WHO" Date: 2/28/ 18 10:12 AM (GMT-05:00) To: "Rossi, Nick (Commerce)" , "Amakis , Adrian (Commerce)" Cc : "McMaster , Sean (OST)" , "Kan , Derek (OST)" , "Herrgott , Alex H. EOP/CEQ" Subject: Confirmation -- Bipartisan Briefing on Friday Nick & Adrian, Wanted to reconfirm logistics for the Friday briefing. Our vision would be Derek and Grover offer opening remarks - and Alex would be in a position to provide supplemental comments and also take questions regarding non-DOT provisions in the Administrat ion's infrastructure plan. Can you let us know about room setup, attendees (committee staff only? Personal offices?) and anything else we should be prepping Derek, Grover, and Alex for? Administration Participants The Honorable Derek Kan Under Secretary for Policy Department of Transportation The Honorable Grover Burthey Deputy Assistant Secretary for Policy Department of Transportation Mr . Alex Herrgott Associate Director for Infrastructure Council for Environmental Quality AMERICAN PVERSIGHT 3 CEQ050FY18091_000003060 CEQ-18-0173-H-000183 The Honorable Sean McMaster Deputy Assistant Secretary for Congressional Affairs Department of Transportation The Honorable Joseph Lai Special Assistant to the President for Legislative Affairs The White House Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 4 CEQ050FY18091_000003060 CEQ-18-0173-H-000184 Re: IntelGathering From "Herrgott, Alex H. EOP/CEQ" <"/o =exchange organization/ou =exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Lai , Joseph G. EOP/WHO" Cc: "Arnakis, Adrian (Commerce)" Date: Fri , 09 Mar 2018 18:52:19 -0500 Also. Please take your antibiotics . That cough is no joke Sent from my iPhone On Mar 9, 2018 , at 6:51 PM, Lai, Joseph G. EOP/WHO Adrian, Can your team help this weekend by assembling a cheat sheet of what issues our witnesses could expect to hear from specific members of the committee? Our agencies will do their own due diligence but we figure yall have the best intel! If possible need by Monday 2pm. Thank you! Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 1 CEQ050FY18091_000000823 CEQ-18-0173-H-000185 Re: IntelGathering Alex Herrgott From~ To: "Lai, Joseph G. EOP/WHO" Cc: "Arnakis , Adrian (Commerce)" Date: Fri, 09 Mar 201818:52:19 -0500 Also. Please take your antibiotics . That cough is no joke Sent rrom my iPhone On Mar 9, 2018 , at 6:51 PM, Lai, Joseph G. EOP/WHO Adrian, Can your team help this weekend by assembling a cheat sheet of what issues our witnesses could expect to hear from specific members of the committee? Our agencies will do their own due diligence but we figure yall have the best intel! If possible need by Monday 2pm. Thank you! Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 1 CEQ050 FY18091 _ 000001231 CEQ-18-0173-H-000186 RE: IntelGathering From: "Arnakis , Adrian (Commerce)" To: "Lai, Joseph G. EOP/WHO" Cc: "Herrgott, Alex H. EOP/CEQ' Date: Fri, 09 Mar 2018 19:10:56 -0500 Happy to work on this . I have already pretty much had this conversation w ith each of the leg affairs folks individually but we can get something together as we ll. From: Lai, Joseph G. EOP/WHO [mailto: Sent : Friday, March 9, 2018 6:51 PM To: Arnakis, Adrian {Commerce) Cc: Herrgott, Alex H. EOP/CEQ Subject: Intel Gathering Adrian, Can your team help this weekend by assembling a cheat sheet of what issues our witnesses could expect to hear from specific members of the comm ittee? Our agencies will do their own due diligence but we figure yall have the best intel! If possible need by Monday 2pm. Thank you! Joseph Lai Special Assistant to the President Legislative Affairs The White House AMERICAN PVERSIGHT 1 CEQ050 FY18091_000001489 CEQ-18-0173-H-000187 IntelGathering From: "Lai, Joseph G. EOP/WHO" To: "Arnakis, Adrian (Commerce)" Cc: "Herrgott , Alex H. EOP/C EQ" Date: Fri, 09 Mar 201818:51 :26 -0500 Adrian, Can your team help this weekend by assembling a cheat sheet of what issues our witnesses could expect to hear from specific members of the committee? Our agencies will do their own due di ligence but we figure yall have the best intel! If possible need by Monday 2pm. Thank you! Joseph Lai Special Assistant to the President Legislative Affairs The White House - AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000001490 CEQ-18-0173-H-000188 RE: IntelGathering From To: Date: "Arnakis, Adrian (Commerce)" "Lai, Joseph G. "Herrgott, Alex H. EOP/CEQ" EOP/W HO" Fri, 09 Mar 2018 19:09:20 -0500 I know it sucks. It is already getting better . From: Herrgott, Alex H. EOP/CEQ[mailto: Sent : Friday, March 9, 2018 6:52 PM To: Lai, Joseph G. EOP/WHO Cc: Arnakis, Adrian (Commerce) Subject: Re: Intel Gathering Also. Please take your antibiotics. That cough is no j oke Sent from my iPhone On Mar 9, 2018, at 6:51 PM, Lai, Joseph G. EOP/WHO wrote: Adrian, Can your team help this weekend by assembling a cheat sheet of what issues our witnesses could expect to hear from specific members of the committee? Our agencies will do their own due dil igence but we figure yall have the best inte l! If possible need by Monday 2pm . Thank you! Joseph Lai Special Assistant to the President Legislative Affairs The White House AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000002262 CEQ-18-0173-H-000189 Re: IntelGathering From: "Lai, Joseph G. EOP/WHO" To: "Arnakis, Adrian (Commerce)" Cc: "Herrgott , Alex H. EOP/CEQ" Date: Mon, 12 Mar 2018 14:33:48 -0400 Thank you for this! Very useful. Sent from my iPhone On Mar 12, 2018, at 2:08 PM, Arnakis, Adrian (Commerce) wrote: As requested. Sorry we are a few minutes late. From: Lai, Joseph G. EOP/W HO [mailto Sent: Friday, March 9, 2018 6:51 PM To: Arnakis, Adrian (Commerce) <~A_ d~ri~an~~~~~~~~~~~~ Cc: Herrgott , Alex H. EOP/CEQ Subject: Intel Gathering Adrian, Can your team help this weekend by assembling a cheat sheet of what issues our witnesses could expect to hear from specific members of the committee? Our agencies will do their own due dil igence but we figure yall have the best intel ! If possible need by Monday 2pm . Thank you! Joseph Lai Special Assistant to the President Legislative Affairs The Whi te House - <3.14.18 Infrastrucnire Hearing_Member Topics.docx> AMERICAN PVERSIGHT 1 CEQ050 FY18091_ 000001483 CEQ-18-0173-H-000190 RE: IntelGathering From: "Arnakis , Adrian (Commerce)" To: "Lai , Joseph G. EOP/WHO" Cc: "He rrgott, Alex H. EOP/CEQ" Date: Mon, 12 Mar 2018 14:08 :35 -0400 Attachments: 3.14 .18 Infrastructure Hearing_Member Topics.docx (49.48 kB) As requested . Sorry we are a few minutes late . From: Lai, Joseph G. EOP/WHO [mailto: Sent : Friday, March 9, 2018 6:51 PM To: Arnakis, Adrian {Commerce) Cc: Herrgott, Alex H. EOP/CEQ Subject: Int el Gathering Adrian , Can your team help this weekend by assembling a cheat sheet of what issues our witnesses could expect to hear from specific mem bers of the committee? Our agencies will do their own due diligence but we figure yall have the best intel! If possible need by Monday 2pm. Thank you! Joseph Lai Special Assistant to the President Legislative Affai rs The White House AMERICAN PVERSIGHT 1 CEQ050 FY18091 _ 000001484 CEQ-18-0173-H-000191 Senate Commerce Hearings: o Secretary Chao Nomination Hearing ( 1/11/ l 7) https ://www .commerce .senate .gov/public /index.cfm/hearings?ID =2988BF25-C5Fl45BD-890D-B331256l 0009 [APG] AMr::r41CAN PVERSIGHT 8 CEQ050FY18091_000001485 CEQ-18-0173-H-000199 o o o o Sectary Ross Nomination Hearing (J / 18/ 17) bttps ://www .commerce .senate .gov/public/index.cfm /hearings?ID =D3 l485C6-69E74AA5-A9B4-l 025C364B3DF Deputy Secretary Rosen Nomination Hear ing (3/29/ l 7) https ://www .commerce.senate.gov /pub lic/ index.cfm/hearings?ID=C3F2 l EAE-E0784039-8F A9-24080D l IE294 Full Committee Hearing - Connecting America: Improving Access to Infrastruct ure for Communities Across the Country (3/ 1/17) https:/ /www .commerce .senate . gov/pu blic/index.cfm/hearings?ID= A94236Al -D23B4846-8565-5239E 1B3C583 Surface Transportation Subcommittee Hearing -- Moving America: Stakeholder Perspec tives on our Multi.modal Transportation System (2/ 15/17) https ://www.commerce.senate.gov /pub lic/index.cfm/bearings?ID=059064F8-8D58-472598BC-6l CC53DBCB08 Senate EPW Hea rings: o Full Committee Administration Infrastructure Hearin g (3/ 1/ 18) bttps ://www .epw .senate. gov/pub Iic/ index.cfuvhearings?ID=993C02C3 -83B9-4 73 DB4FC- l 7B30 l 039397 o Full Committee Infrastructure Hearing (2/8/ 17) https ://www.epw .senate.gov /public/ index.cfm/hearings?ID=82518667-E24B-4CB5BAFC-35B3FAE0D372 House T &I Hearings: o Full Committee Admin istration Infrastructure Hearing (3/6/ 18) https ://tra nsportation.house.gov /calendar /eventsingle.aspx ?E ventID=402216 o Subcommittee RTF Funding Hearing (3/7/ 18) https ://transportation .bouse .gov/ca lendar/eventsingle.aspx? EventID=4022 l 5 Other Nomin ation Bear ings o Secretary Perdue Nomin ation Hearing (3/23/ 17) https:/ /www.agriculture.senate .gov/hearings /nomination -of-george-sonny -perdue o Secretary Acosta Nomination Hearing (3/22/ 17) https ://www. he! p .senate. gov/hearings /nomination-of-a Iex-acosta-to-serve-as-secretaryof-labor o Secretary Perry Nomination Hearing (1/19/ 17) bttps ://www.energy.se11ate.gov/publ ic/index.cfm/20 l 7/1/nomination-hearing-of-thehonorable-rick-perry-for-secretary-of-energy Senate De mocratic Infrastruct ure Plan o Senate Democrats ' Jobs and infrastructure Plan for America 's Workers (3/7/ 18) https://www .democrats .senate .gov/newsroom /press-releases /senate-democrats-incontrast-with-president-trump-unvei l-ma jor-infrastructure-investment-proposal demplan-would-roll-back-tax-cuts-for-tbe-wealthy-to-fund-infrastructure-and-create-millionsof-jobs [APG] /\MERICAi\ pVERSIGHT 9 CE Q050FY 18091 _ 000001485 CEQ-18-0173-H-000200 Fwd: Permitgraphicposters From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou =exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: Date: luke_holland@inhofe.senate .gov, Jennie Wright . an drew_forbes@i nhofe. senate. gov Tue, 13 Mar 2018 22:36:07 -0400 Oh guys can use the big chart tomorrow ifinhofe wants to use. We are only using the floor charts. would be awesome for boss to use. Just ask Neely to use. I think it Sentfrom my iPhone Begin forwarded message: From: "Hil~ Frederick (Commerce)" Date: March 13, 2018 at 8:39:39 PM EDT To: "Lai, Joseph G. EOP/WHO" >, "Herrgott, Alex H. EOP/CEQ" " , "Kaelan Dorr" , "Rossi, Nick (Commerce)" , ''Amakis , Adrian (CoDllUerce)" Subject:Permit graphic posters Joe and Alex, Please take a look at the attached photo I am sending of the two poster versions of your permitting process graphic we had printed out. As I discussed with Alex today, we're planning to set the smaller one and it's identical pair up alongside the witness table facing the dais for the secretaries to reference during their testimony (We'd take them down during the Q&A). For the larger poster (and its pair), our default position is to leave them out of the hearing room altogether. However, if the witnesses/administration want them in the hearing room for effect we could position the eight foot posters in a corner or alongside the room wall for the audience and zoom out camera shots of the dais. If you do want them, we'd also likely set them down after the five secretar ies deliver their testimony. Please let us know your preference on whether or not to put the larger eight foot version of you r graphic in the hearing room. Frederick AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000000448 CEQ-18-0173-H-000201 Frederick Hill Comm unications Director Senate Committee on Commerce, Science, and Transportation Sen. John Thune (R-S.D.) oHf - direct AMERICAN PVERSIGHT 2 CEQ050FY18091 _000000448 CEQ-18-0173-H-000202 Fwd: Permitgraphicposters From To: Date: luke_holland@inhofe .senate.gov, Jennie Wright , an drew_forbes@i nhofe.senate.gov Tue , 13 Mar 2018 22:36:06 -0400 Oh guys can use the big chart tomorrow ifinhofe wants to use. We are only using the floor charts. would be awesome for boss to use. Just ask Neely to use. I think it Sentfrommy iPhone Begin forwarded message: From: "Hil~ Frederick (Commerce)" Date: March 13, 2018 at 8:39:39 PM EDT To: "Lai, Joseph G. EOP/WHO" 'Herrgott, Alex H. EOP/CEQ" , "Kaelan Dorr" "Rossi, Nick (Commerce)" , ''Amakis , Adrian (CoDlillerce)" Subject:Permit graphic posters Joe and Alex, Please take a look at the attached photo I am sending of the two poster versions of your permitting process graphic we had printed out. As I discussed with Alex today, we're planning to set the smaller one and it's identical pair up alongside the witness table facing the dais for the secretaries to reference during their testimony (We'd take them down during the Q&A). For the larger poster (and its pair), our default position is to leave them out of the hearing room altogether. However, if the witnesses/administration want them in the hearing room for effect we could position the eight foot posters in a corner or alongside the room wall for the audience and zoom out camera shots of the dais. If you do want them , we'd also likely set them down after the five secretar ies deliver their testimony. Please let us know your preference on whether or not to put the larger eight foot version of you r graphic in the hearing room. Frederick AMERICAN PVERSIGHT 1 CEQ050FY18091_000001222 CEQ-18-0173-H-000203 Frederick Hill Comm unications Director Senate Committee on Commerce, Science, and Transportation Sen. John Thune (R-S.D.) oHf direct AMERICAN PVERSIGHT 2 CEQ050FY18091 _ 000001222 CEQ-18-0173-H-000204 Permitgraphicposters From: To: "Hill, Frederick (Commerce)" "Lai, Joseph G. EOP/WHO" "Herrgott, Alex H. EOP/CEQ" "Dorr, Kaelan K. "Rateike, Bradley A. EOP/WHO Cc: EOP/WHO" , "Arnakis, Adrian (Commerce)" Date: Attachments Tue, 13 Mar 2018 20 :39:39 -0400 IMG_0004.jpg (833 .28 kB) Joe and Alex, Please take a look at the attached photo I am sending of the two poster versions of your permitting process graphic we had printed out. As I discussed with Alex today, we're planning to set the smaller one and it's identical pair up alongside the witness table facing the dais for the secretaries to reference during their testimony (We'd take them down during the Q&A). For the larger poster (and its pair), our default position is to leave them out of the hearing room altogether. However, if the witnesses/administration want them in the hearing room for effect we could position the eight foot posters in a corner or alongside the room wall for the audience and zoom out camera shots of the dais. If you do want them, we'd also likely set them down after the five secretaries deliver their testimony. Please let us know your preference on whether or not to put the larger eight foot version of your graphic in the hearing room. Frederick Frederick Hill Communications Director Senate Committee on Commerce, Science, and Transportation Sen. John Thune (R-S.D.) +R-1 direct AMERICAN PVERSIGHT 1 CEQ050FY18091_000001458 CEQ-18-0173-H-000205 ---<<;" .. SI El --- -.. ~=.:. -=- - -=-o = -- --=---.- --?-- -= --.... - -- -o~ -= -=...__ .....,,,. ~ = = -?- ~ ---~ 41111!:.~ o - ~~ -.-. ----------=-----~...:::. ~ - ~ -----~ AMf ~ICAN - PVERSIGHT 1 CEQ050FY18091_000001459 CEQ-18-0173-H-000206 TA Question From: "Hall , Amanda (lnhofe)" To: "Herrgott , Alex H. EOP/CEQ' 'Wright , Jennie (lnhofe)" , "Forbes , And rew Cc: (lnhofe)" , ''Sauer , William (lnhofe)" Date: Attachments Tue, 27 Mar 2018 17:03:36 -0400 EDW18184_XML (002) .doc (36 .86 kB) Alex -Attached is a draft of permitting language we are looking at that is based on the President's infrastructure principles . If you could, please provide some information and fill in the blanks on questions leg counsel had for us, as reflected in the document. Let me know if you have any questions. Any help you can provide is greatly appreciated! Best, Amanda Hall Legislat ive Assistant Office of U.S. Senator James M. lnhofe - AMERICAN PVERSIGHT 1 CEQ050FY18091_000001444 CEQ-18-0173-H-000207 Senate Legislative Counsel Draft Copy of O:\EDW\EDW1 8184.XML 1 2 3 4 5 TITLE - INFRASTRUCTURE PERMITTING IMPROVEMENT Subtitle A- Federal Role SEC. 01. DEFINITIONS. In this subtitle: 6 7 8 9 10 ( l ) AUTI-IORIZA TION.- The term "authorization", with respect to an infrastructure project , means any license , permit , approval , finding , de termination , or other administrative decision issued by an agency that is required or authorize d unde r Federal law in order to site, construct, reconstruct , or commence operat ions of an infrastructure project. 11 12 [{2) COOPERATING AGENCY.-The term "cooperat ing agency " has the meaning given the term in section 1508.5 of title 40, Code of Federal Regulatio ns (or successo r regulations).] 13 14 (3) ENv!RONMENTAL REVIEW.-The term "environ mental review " means the agency procedures and processes for(A) applying a categorical exclusion (as defined in section 1508.4 oftitle 40, Code of Federa l Regulations (or successor regulations)) ; or 15 16 17 (B) preparing - 18 19 (i) an environme ntal assessment unde r section 1508.9 of title 40, Code of Federa l Regu lations (or successor regu latio ns); 20 (ii) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); or 21 (iji) any othe r docume nt required under tha t Act. 22 ( 4) INFRASTRUCTUREPROJECT.-The term "infrastructure projec t" means [to be supplied]. 23 24 (5) LEADAGENCY.-The term " lead agency " mea ns the agency with principal responsib ility for an environmental review of a project under the Natio na l Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and parts 1500 through 1508 of title 40, Code of Fe deral Regulations (or successor regu lations). 25 26 27 28 30 SEC. 02. DEADLINE FOR COMPLETION OF NEPA DECISIONS. 31 32 33 (a) Deadline for Environmenta l Review.-Notwit later than 21 months after the date on w hich [ shall- 29 hstanding any other provision of law, by not ], the lead agency of an infrastructure project 34 (1) complete alJ applicable environmental rev iews for the project ; and 35 (2) issue , as appropriate [APG ] [AD] 10:49 AM /\MEf 1 ll Al\ pVERSIGHT CEQ050FY18091_000001445 CEQ-18-0173-H-000208 Senate Legislative Counsel Draft Copy of O:\EDW\EDW1 8184.XML 1 (A) a finding of no significant impact; 2 (B) a record of decision ; or 3 [(C) a categorica l exc lusion.] 4 5 6 7 8 9 10 11 12 13 14 (b) Dead line for [Cooperating Agencies and States].-Notwithstanding any other provision of law, not later than 90 days after the date on which a finding of no significant impact or a record of decision for an infrastructure project is issued under subsection (a)(2) , each [cooperating agency and each State to which authority for an authoriza tion has been delegated] shall complete any decision relating to an [authorization] for the infrast ructure project. (c) Enforceme nt.-[SLC note: Text says "ap propriate enforcement mechan isms would be established". Please provi de more information on what th is should loo k like.] SEC. 03. SINGLE DECISION DOCUMENT FOR NEPA REVIEWS. Notwithstand ing any other provision of law, each lead age ncy of [an infrastructure project] sball- 16 15 ( I) develop a single environmenta l review document that will be used by the lead agency and all cooperating agencies; and 17 18 (2) issue a single record of decisio n signed by the lead agency and each cooperating agency for the [infrast ructure project]. 19 20 21 22 23 SEC. 04. CONSIDERATION OF ALTERNATIVES . For the purposes of consider ing alternatives to a proposed action [with respect to [an infrastructure project]] under section 102(2)(C)(iii) of the Nationa l Enviro nmental Pol icy Act of 1969 (43 U.S.C. 4332(2)(C)(iii)), a [lead agency or partic ipating agency] sha ll not consider an alternative that is- 24 ( 1) beyond the scope of the authority of the agency ; or 25 (2) beyond the scope of the capabi lity of the [spo nsor of the infrastructure project]. 26 21 28 29 30 SEC. 05. REGULATIONS TO STREAMLINE NEPA PROCESS. (a) In General. - [Not later than _ after the date of enactment of this Act,] the Council on Environmenta l Quality shall issue revise d regulations to carry out the National Environmental Policy Act of I 969 (42 U.S.C. 4321 et seq.). (b) Requirements. - Tbe regulations issued under subsec tion (a) shall [to be provided]. 31 32 33 SEC. 06. REVIEW OF GOVERNMENT ACTION UNDER SECTION 309 OF THE CLEAN AIR ACT. Section 309 of the Clean Air Act (42 U.S .C. 7609) is amended- 34 35 ( 1) in subsectio n (a), by striking "any (1) legislation proposed by any Federal department [APG] [AD] 10:49 AM /\MEf 1 ll Al\ pVERSIGHT 2 CEQ050FY18091_000001445 CEQ-18-0173-H-000209 Senate Legislative Counsel Draft Copy of O:\EDW\EDW18184 .XML or agency , (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 102(2)(C) of Public Law 9 J-l 90 applies , and (3) proposed regulations" and inserting "any legislation proposed by a Federal department or agency or proposed regulations" ; and 1 2 3 4 5 6 7 8 9 10 11 12 13 (2) in subsection (b), by striking ", action ,". SEC. 07. NEPA ANALYS IS BASED ON AREAS OF SPECIAL EXPERTISE OR JURISDICTION. [SLC note: text says "Focusing Federa l resource agencies' authority to comment on portions of the NEPA analys is that are relevant to their areas of special expertise or jurisdiction would maximize the effectiveness of agency reviews and streamline project delivery. Please provide more specifics on bow this wou ld be proposed legislatively.] SEC. 08. NEPA STREAMLINING THROUGH SHARED USE OF CATEGORICAL EXCLUSIONS. (a) Definitions.-In 14 this section: 15 16 17 ( 1) CATEGORI CALEXCLUSJON.-Tbe term "categorical exclusion" bas the meaning given the term in section 1508.4 of title 40, Code of Federal R egu lation s (or successor regulations). 18 19 20 21 (2) DOCUMENfEDCATEGORICAL EXCLU SION.- The term "documented categorical exclusion " means a categorica l exclus ion for which add itional documentation is required to demonstra te that the relevant action or category of actions meets the criteria for the categorical exc lusion. 22 (b) Establishment-Notwiths tanding any other provision of law, the bead of a Federal agency may establish a categorical exclus ion for an action or category of act ions for purpo ses of the National Environmen tal Policy Act of 1969 (42 U.S.C . 4321 et seq.) if another Federa l agency has established a categorica l exclusion for that action or category of actions. 23 24 25 26 27 28 29 30 31 32 (c) Mod ification of Documented Categor ical Exclusio ns.- Notwithstanding any other provision of law, if the head of a Federal agency determines that a documented categorical exclusion no longer requires documentation , the head of the Federal agency may eliminate the requirement for documentation for that categorical exclusion , without further rev iew or approval by the Cow1cil on Environmental Quality. (d) Tracking. - The head of each Federal agency shall maintain [and make publicly available] a list that describes - 33 34 ( I) each categorical exclusion that the agency bas establ isbed in accordance with subsection (b) ; and 35 36 (2) each documented categorical exclusion for which documentation is no longer required in acco rdance with subsection (c). 37 38 SEC. 09. FINAL DESIGN ACTIVITIES FOR HIGHWAY PROJECTS. [APG ] [AD] 10:49 AM /\MEf 1 ll Al\ pVERSIGHT 3 CEQ050FY18091_000001445 CEQ-18-0173-H-000210 Senate Legislative Counsel Draft Copy of O:\EOW\EOW18184 .XML 1 2 Section l 12(b)(3) oftitle 23, United States Code , is amended by striking subparagraph (B) [and inserting the following:] ["(B) FrNALDESIGN.-[A State] may carry out final design activities under a designbuild contract referred to in subparagraph (A) before the completion of the environmental review process for the project under the National Environmental Policy Act of 1969 (42 US.C. 4321 et seq.)." .] 3 4 5 6 7 8 SEC. _10 . ACQUISITION OF RIGHTS -OF-WAY FOR RAIL PROJECTS. 9 [Notwithstanding any other provision of law, the project sponsor of a railroad project may- ] 10 11 12 (1) [acquire a right-of-way before the completion of the environmental review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the railroad project ; and] 13 14 15 16 17 (2) [on completion of the environmen tal review process described in paragraph (1) and the [obligation of Federal funds for the project ,] use Federal funds for the acquisition of those rights-of-way .] [SLC note: Please confirm that this is your policy intent. If there is a particular provision of law that deals with these types of acquisitions , it wou ld be helpful to reference it (or amend it directly , if necessary).] 19 SEC. 11. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW. 20 21 22 Section 168(d) oftitle 23, United States Code, is amended in the matter preceding paragraph (1) by striking "and, if the planning product is necessary for a cooperating agency to issue a permit , review, or approval for the project , with the concurre nce of the cooperating agency " . 18 23 24 25 26 27 28 29 SEC. _ 12. MITIGATION BANKS [AND IN-LIEU FEE PROGRAMS]. Not later than [__J after the date of enactment of this Act, the Secretary of the Army [and the Administrator of the Environmental Prot ection Agency] sball revise the regulation s under section 332.8 of title 33, Code of Federal Regulations[, and section 230 .98 of title 40, Code ofFederaJ Regulations , respectively,] to eliminate the requirement for review and comment by the Interagency Review Team with respect to mitigation banks [and in-lieu fee programs]. 31 SEC. 13. OPTION TO OPT INTO HIGHWAY AND TRANSIT STREAMLINING PROCEDURES. 32 33 34 35 36 [SLC note: Please let me know how you ' d like to accomplish the goal of this provision. Section 139 ofti .tle 23 is very specific to transportation projects under the jw-isdiction of DOT, so we would either need to make substantial changes to this section to include other infrastructure projects (which would need to be defined as well) , or to redraft that section as freestanding text that applies to any agency overseeing an iofrastructw-e project.] 37 SEC. 14. EXPEDITING CERTAIN SMALL 30 [APG] [AD] 10:49 AM /\MEf 1 ll Al\ pVERSIGHT 4 CEQ050FY18091_000001445 CEQ-18-0173-H-000211 Senate Legislative Counsel Draft Copy of O:\EDW\EDW18184 .XML 1 TELECOMMUNICATIONS EQUIPMENT. 3 [SLC note: Please provide more information on how specifically you wou ld like to expecLite the review process for both NEPA and NHPA. What requirements would you like to waive?] 4 SEC. 15. INCENTIVES FOR ENHANCED MITIGATION . 2 s 6 7 8 [SLC note : Text says "establishing procedures that expedite environmental or permitting reviews for projects that enhance the environment through mitigation, design , or other means would provide incentives for project sponsors to propose more environmentally beneficial projects ". Please provide specifics on the procedures and bow such projects wou ld be expedited.] 10 SEC. 16. EXPANDED USE OF FUNDING TO EXPEDITE ENVIRONMENTAL AND PERMITTING REVIEWS. 11 12 13 14 (a) In General.- Notwithstanding any other provision of law, the head of a Federal agency with authority over [the decision to issue a permit or conduct a review] with respect to an [infrastructure project] may accept and expend funds from [any non-Federal entity] to expedite the evaluation of tbe permit or review for a project or activity of the non-Federa l entity. 15 16 17 (b) Requirement-The head of each Federal agency who accepts or expends funds under subsect ion (a) shall ensure that decisions related to permits and reviews are conducted independently in an impartial manner. 18 19 ( c) Conflicts of Interest.- [SLC note: Text says "would include appropriate controls for potential conflicts of interest" . Please provide information on the proposed controls.] 9 [APG] [AD] 10:49 AM /\MEf ll /\I\ pVERSIGHT 5 CEQ050FY18091_000001445 CEQ-18-0173-H-000212 Re: Forgotto ask From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou =exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Van Doren, Terry (McConnell)" Date: Wed , 28 Mar 2018 15:58:32 -0400 Tentative April 9th Sent from my iPhone On Mar 28, 2018 , at 3:57 PM, Van Doren , Terry (McConnell ) wrote: Is this the event where you will roll-out the MOU with agency heads on sho1tening the permitting timeline? Terry VCU'\I Vorew Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 AMERICAN PVERSIGHT 1 CEQ050FY18091 _000000709 CEQ-18-0173-H-000213 Forgotto ask From: 'Van Doren , Terry (McConnell)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed, 28 Mar 2018 15:57:54 -0400 Is this the event where you will roll-out the MOU with agency head s on shortening the permitting timeline? Te.rry Va-wVorew Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000001434 CEQ-18-0173-H-000214 Re: Forgotto ask From: Alex Herrgott To: 'Van Doren , Terry (McConne ll)" Date: Wed, 28 Mar 2018 15:58:3 1 -0400 Tentative April 9th Sent :from my iPhooe On Mar 28, 2018, at 3:57 PM, Van Doren , Terry (McConnell) wrote : Is this the event where you will roll-out the MOU with agency heads on shortenin g the permitting timeline ? Te,,yryVCU11 Vore,n,, Policy Advisor Office of Majority Leade r McConnell Washington , D C 20510 AMERICAN PVERSIGHT 1 CEQ050FY18091 _ 000002946 CEQ-18-0173-H-000215 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 March 20, 2019 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 9 Dear Mr. Evers: This letter is the ninth production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this ninth production, we have processed an additional 200 records and identified 185 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 343 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted email addresses and phone numbers. We have determined that exemptions be applied in 1 redaction instance pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A v1 I( PVERSIGHT Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 A v1 )I( /\ PVERSIGHT PossibleCincinnatiInlandWaterwayeventJune7th To: mark_isakowitz@ponman.senate.gov, connie _laug@portman.senate.gov Date: Sat, 27 May 2017 15:10:47 -0400 Mark, As Introduction, I worked for Senator lnh ofe for last 14 years as Deputy Director on Senate EPW, and now work in a joint capacity at CEQ while assisting DJ Gribbin at NECas we write the infrastructure proposal. I am also primarily reasonable for ensuring that the dashboard and the other Portman reforms that were included in the FASTAct are carried out as you all envisioned. As for purpose of email, I recognize it is a holiday weekend, but would either of you be available to discuss a projected POTUSevent we are envisioning for June ih, tentatively. The idea would be to do a quick event with NuCor, AECOM, Unions Soybean and some other AG users of the system, that highlights the importance of the inland waterway system as critical, recognizes it is in disrepair and that current federal funding regime is no longer sufficient. It is important that we touch base. I need to run some the projected invitees and need some help on possible site locat ions. I am on my mobile - Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality AMR N PVERSIGHT 1 CEQ050FY18091_00000 1976 CEQ-18-0173-I-000001 Re: Texas Considerations in Infrastructure From: "Smith, Madison (Comyn)" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 13 Jun 2017 11: 18:08 -0400 Can we reschedule? On 6/l2/l 7, 3:07 PM, "Herrgott Alex H. EOP/CEQ" wrote: Great. I'll call shortly Sent from my iPhone On Jun 12,2017, at 3:05 PM. Smith, Madison (Comyn) > wrote: My meetingjust ended and I am free now until 5:00. From: "Herrgon, Alex H. EOP/CEQ" > > Subject: RE; Texas Considerations in Infrastructure Can I call you at 3pm today From: Smith, Madison (Cornyn) [mailto:Madison_Smith@cornyn.senate.gov] Sent: Monday, June 12, 2017 9:57 AM To: Hengott , Al ex H. EOP/CEQ Hey Alex. - Just pinging you again here to see if you might have a few free minutes this week or next. Madison From: Madison Smith > Date: Wednesday,June 7, 2017 at 10:02 AM To: ' To: "Herrgott, Alex H. EOP/CEQ" Date: Wed ; 14 Jun 2017 15:53:46 -0400 We have60 pagesof stuff for you Sent frommy iPhone On Jun 14.2017. at 3:53 PM, Herrgott.Alex H. EOP/CEQ wrote: Luke, this is how I have been setting things up. (1)-Permitting buckets: This is the is the format of our working CEQ document to be included in the larger, which we will need to expand on with bullet points under each pursuant to the template at the bottom, which I could use your help on. I know you are traveling, and I wish we have connected earlier, but I need to have some by COB Thursday. (2) DOI streamlining idea I have aggregated from project sponsors and ideas we have generated here at CEQ. This still isn't in right template but just another example of some fo the ideas. (3) An Army Corps regulatory reform document we received from a very smart person on this email. (4) Example of what DOT submitted on the funding and finance statutory side, which is what helped bui ld out what our principles document will look like. Helpful just to scan. Tem pl at e for how we would like t o present t he proje ct delive ry/pe rm itting provi sions in o ur principles document. For each of the bulleted items in Title II, we need you to build out the explanation of your proposal so that the existing problem and the proposed solution are clear. In the explanation, you should briefly identify the law or program as it currently exists; identify the problem (or missed opportunity) that this creates; and explain how we propose to fix it. The explanations should be short, but should provide enough context so that anyone reading it can understand why the proposal is needed and what it will solve or accomplish. A template you could follow is: * Proposal title or description * The current law is * This creates a problem because ________ --------- * Doing _ will address this problem. For example: AMR AN PVERSIGHT 1 CE Q050FY180 9 1_ 00000 1967 CEQ-18-0173-I-000004 * Eliminate Major Project oversight requirements for projects that are more routine for FHWA and DOTs. Currently, Major Project oversight requirements apply to all projects that are over 0 $500 million. This adds unnecessary oversight requirements to projects that are routine for FHWA 0 and DOTs. o Amending 23 U.S.C. 106(h) to raise the threshold for Major Projects from $500M to $18 will remove unnecessary oversight from smaller, less complex projects that are routinely managed by FHWA and DOTs. This format doesn't need to be followed exactly, but each proposal should have enough explanation to make clear what currently exists today and how we propose to change it to make it better. Thanks Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality <2017-06-09 Strategies for Streamlining Project Development.docx> AMR N PVERSIGHT 2 CEQ050FY1 8091_ 00000 1967 CEQ-18-0173-I-000005 RE: Hwy Info From: "Neely , Andrew (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Thu, 15 Jun 2017 12:58:19 -0400 Also MAP-21 covered 7/6/2012 - 9/30/2014, which comes to 2 1/4 years. FASTcame into law on 12/4/2015, which means 1 year and about 2 months between the two laws. From: Neely, Andrew (Commerce) sent; Thursday, June 15, 2017 12:53 PM > To: 'Herrgott, Alex H. EOP/CEQ' Subject:Hwy Info Attached is o o list of extensions (no CRs)since Tea21 by congress, Rough wrap sheet under Dem leadership. You or rj put together at start of EPW Top line The FASTAct was the first long-term surface transportation bil l in over a decade. The FASTAct represented the first time that rail was included in a comprehensive surface transportation bill. The rail title increased safety and instituted reforms to improve Amtrak's performance. The FASTAct included comprehensive permitting reform extending beyond transportation infra structure, and it included a new ports performance program to better track outcomes and congestion at our nation's ports. o Source: The FASTAct was enacted on 12/5/2015 (https://www.congress.gov/bill/114th congress/house-bill/22 ). SAFETEA-LU was enact ed on 8/ 10/ 2005 (https://www.gpo.gov/fdsys/pkg/PLAW-109publ59/pdf/PLAW -109publ59 .pdf) . After 36 short -term extensions, the FASTAct- the five-year, $305 billion surface transportation bill provided o needed certainty for important infrastructure investments across the country. Source: Sec. Foxx used this figure in his blog. https://webcache .googleusercontent. com/search ?q=cache: n9MuZMMv94J:https://www.transportation.gov/fastact+&cd;; l&h l==en&ct=clnk&gl:;:us In reality, which Jeff Davis tracked (not including CRs)o 16 short-term extensions (if you count Map2 1 as a short-term bill) from the end of Safetea-l u to the passage of FAST. o Also since Tea 21, we have had 28 short -term extensions (count ing Map21) to the passage of FAST. However, the larger number highlighted above, which includes CRsis at 34 extensions since Safetealu. (Foxcounted 2 Crsbefore Safetea expired) See below for full list including approps as of May 2015. AMR AN PVERSIGHT 1 CEQ050FY18091_000001955 CEQ-18-0173-I-000006 ''Short?Term Ex.tensions" Since the Expiration of Short-Term Extensions of Highway Trust Fund Contract Authority P.l. 111-68 10/1/2009 - 10/31/2009 1 ~ P.L. 111-88 11/1/2009 - 12/18/2009 2 ~ 3 P.l. 111-118 12/19/2009 o 2/28/2010 4 P.l. 111-144 3/2/2010 ? 3/18/2010 P.L. 111-147 3/18/2010 - 12/31/2010 5 P.L. 111-322 1/1/2011 - 3/4/2011 6 7 P.l. 112-5 3/5/2011 o 9/30/2011 8 P.L. 112?30 10/1/2011 o 3/31/2012 9 P.l. 112?102 4/1/2012 o 6/30/2012 10 P.l. 112-140 7/1/2012 - 7/6/2012 11 P.l. 113-1S9 10/1/2014 - S/31/201S 12 13 14 1S 16 17 18 19 the SAFETEA?LUlaw on Sept. 30 2009 Short-Term Exte.-isions of Regufar Appropriations ("CR's") P.L. 111-68 P.L. 111-88 P.L 111-242 P.L. 111-290 P.L. 111-317 P.L. 111-322 P.L. 112-4 P.l. 112-6 P.L. 112-8 P.L. 112-10 P.L. 112-33 P.l. 112-36 P.L. 112-175 P.L. 113-6 P.l. 113~46 P.l. 113 73 P.L. 113-164 P.L. 113-202 P.L. 113-203 10/1/2009 - 10/31/2009 11/1/2009 - 12/18/2009 10/1/2010 o 12/3/2010 12/4/2010 o 12/18/2010 12/19/2010- 12/21/201 12/22/2010 - 3/4/2011 3/5/2011- 3/18/2011 3/19/2011 ? 4/8/2011 4/9/2011- 4/1S/2011 4/16/2011 - 9/30/2011 10/1/2011 - 10/4/2011 10/5/2011 o 11/18/2011 10/1/2012 o 3/27/2013 3/28/2013 o 9/30/2013 10/17/2003 - l/1S/2014 1/16/2014 - 1/18/2014 10/1/2014 o 12/11/2014 12/12/2014 - 12/13/201 12/14/2014 o 12/17 /201 Enactment Oates of Full-Year USDOTAppropriations and Number of Interim Continuing Resolutions Since the Last Time A Full-Year Bill Was Enacted On Time Fiscal Year 1998 199'9 D.ste Final DOT Approps. Enacted Number of Interim CR's Oct. 27 Oct. 21 6 Fiscal Year 2007 Feb lS D.tte Final DOT Approps. Enacted Number of Interim CR's Andrew Neely AMR AN PVERSIGHT 2 3 2008 Dec 26 4 2000 Oct. g 1 7 2003 Feb. 20 B Jan. 23 4 200!. Dec. 8 3 2010 Dec.16 2011 Apr. lS 2012 Nov 18 2013 Mar 26 2014 201!, Jan 17 2 7 2 1 l Dec 1 3 2001 2002 Oct. 23 4 Dec. 18 Mar 11 2 2009 2004 2006 Nov. 3 2 I 2 CEQ050FY18091 _000001955 CEQ-18-0173-I-000007 Hwy Info From: "Neely, Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 15 Jun 201712 :53:07-0400 Attachments Extensions-20 15.pdf (91.93 kB); Highway Trust Fund Extensions 2009 through FAST Act.pdf ( 138.09 kB) Attachedis o o list of extensions (no CRs)since Tea21 by congre ss, Rough wrap sheet under Dem leadership . You or rj put together at start of EPW Top line The FASTAct was the first long-term surface transportation bill in over a decade. The FASTAct represented the first time that rail was included in a comprehensive surface transportation bill. The rail title increased safety and instituted reforms to improve Amtrak's performance. The FASTAct included comprehensive permitting reform extending beyond transportation infrastructure, and it included a new ports performance program to better track outcomes and congestion at our nation's ports . o Source: The FASTAct was enacted on 12/5/2015 (http s://www.congress.gov/bill/114thcongress/house-bill/22 ). SAFETEA-LUwas enacted on 8/10/2005 (htt ~ / / www. gpo.gov/ fdsys/p kg/ PLAW -109publ59 /p df / PLAW-109 publ 59. pdf) . After 36 short-term e>-2012 2WEEKS 1.5MONTHS 10?>>2009 3-2-2010 fl( t 8MONTHS1WEEK ~.-2011 6-29-2012 I = I 2YEARS . r1 3MONTHS 12?22?2010 l? 1---=- I l 7-6-2012. I .,.. I I 1~=1111111111 ? 11 ---------------Ill Although Senate Democrats were unable to do better than a series of stopgaps during the past six years, they have been quick to criticize Senate Republican efforts to find a long-term solution. The same Senate Democrats have yet to offer a credible plan for a long-term transportation bill. Chairman Hatch of the Senate Finance Committee and Chairman lnhofe of the Environment and Public Works Committee have made meaningful progress toward finding a?practical, long-term fundingsolutionthat can providecertaintyto the transportation sector. While work remains on -J Wl,flf r-~~ -z.~, f AMt=HICA\J PVERSIGHT 2.l - r.(.'1 ~~-1 5.tl..;.J,iwf. ('t(f<~~b~ 1 ~ '{'Aa', ' 0~1},\j) ~~~ CEQ 050FY 18091_00000 1960 CEQ-18-0173-I-000010 = .. 12/4/15 9:29AM HIGHWAY TRUST FUND REAUTHORIZATION LEGISLATION SINCE 2003 SHORT-TERM EXTENSIONS OF THE 1998 TEA21 LAW Bill 1 2 3 4 5 6 7 8 9 10 11 12 Passed Passed Signed Public Congr. Number Time Period Covered Duration House Senate Into Law Law# 108th 108th 108th 108th 108th 108th 109th 109th 109th 109th 109th 109th HR 3087 HR 3850 HR 4219 HR 4635 HR 4916 HR 5183 HR 2566 HR 3104 HR 3332 HR 3377 HR 3453 HR 3512 10/1/2003 - 2/29/2004 3/1/2004 - 4/30/2004 5/1/2004 - 6/30/2004 7/1/2004 - 7/31/2004 8/1/2004 - 9/30/2004 * 10/1/2004- 5/31/2005 6/1/2005 - 6/30/2005 7/1/2005 - 7/19/2005 7/20/2005 - 7/21/2005 7/22/2005 - 7/27/2005 7/28/2005 - 7/30/2005 8/1/2005 - 8/9/2005 5 months 2 months 2 months 1 month 2 months 8 months 1 month 3 weeks 2 days 6 days 3 days 1 week 9/24/03 2/26/04 4/28/04 6/23/04 7/22/04 9/30/04 5/25/05 6/30/05 7/19/05 7/21/05 7/27/05 7/29/05 9/26/03 2/27/04 4/29/04 6/23/04 7/22/04 9/30/04 5/26/05 6/30/05 7/19/05 7/21/05 7/27/05 7/29/05 9/30/03 2/29/04 4/30/04 6/30/04 7/30/04 9/30/04 5/31/05 7/1/1005 7/20/05 7/22/05 7/28/05 7/30/05 108-88 108-202 108-224 108-263 108-280 108-310 109-14 109-20 109-35 109-37 109-40 109-42 *P.L.108-280 extended expenditure authority for Trust Fund outlays through October 1 but only extended contract and obligation authority through midnight on September 24, so obligations and CA lapsed for the last few days of September 2004 . ... AND THEN THERE WAS THE MULTI-YEAR SAFETEA-LU LAW Bill Passed Passed Signed Public Congr. Number Time Period Covered Duration House Senate Into Law Law# 109th HR 3 8/10/2005 - 9/30/2009 4.2 years 3/10/05 5/17/05 8/10/05 109-59 SHORT-TERM EXTENSIONS OF THE 2005 SAFETEA-LU LAW Bill 1 2 3 4 5 6 7 8 9 10 Passed Passed Signed Public Congr. Number Time Period Covered Duration House Senate Into Law Law# 111th 111th 111th 111th 111th 111th 112th 112th 112th 112th HR 2918 HR 2996 HR 3326 HR 4691 HR 2847 HR 3082 HR 662 HR 2887 HR 4281 HR 6064 10/1/2009 - 10/31/2009 11/1/2009 - 12/18/2009 12/19/2009 - 2/28/2010 3/2/2010 - 3/18/2010 3/18/2010 - 12/31/2010 1/1/2011- 3/4/2011 3/5/2011 - 9/30/2011 10/1/2011- 3/31/2012 4/1/2012 - 6/30/2012 7/1/2012 - 7/6/2012 1 month 1.5 months 2.5 months 2 weeks 9.5 months 3 months 7 months 6 months 3 months 1 week 9/25/09 10/29/09 12/16/09 3/2/10 3/4/10 12/21/10 3/2/11 9/13/11 3/29/12 6/29/12 9/29/09 10/29/09 12/19/09 3/2/10 3/17/10 12/21/10 3/3/11 9/15/11 3/29/12 6/29/12 10/1/09 10/30/09 12/19/09 3/2/10 3/18/10 12/22/10 3/4/11 9/16/11 3/30/12 6/29/12 111-68 111-88 111-118 111-144 111-147 111-322 112-5 112-30 112-102 112-140 ... AND THEN THERE WAS THE MULTI-YEAR MAP-21 LAW Bill Passed Passed Signed Public Congr. Number Time Period Covered Duration House Senate Into Law Law# 112th HR4348 7/6/2012 - 9/30/2014 2 1/4 years 6/29/12 6/29/12 7/6/12 112-141 SHORT-TERM EXTENSIONS OF THE 2012 MAP-21 LAW Bill 1 2 3 4 5 Passed Passed Signed Public Congr. Number Time Period Covered Duration House Senate Into Law Law# 113th 114th 114th 114th 114th HR 5021 HR 2353 HR 3236 HR 3819 HR 3996 10/1/2014 - 5/31/2015 6/1/2015 - 7/31/2015 8/1/2015 - 10/29/2015 10/30/2015 - 11/20/2015 11/21/2015 - 12/4/2015 8 months 2 months 3 months 3 weeks 2 weeks 7/15/14 5/19/15 7/29/15 10/27/15 11/16/15 7/31/14 5/23/15 7/30/15 10/28/15 11/19/15 8/8/14 5/29/15 7/31/15 10/29/15 11/20/15 113-159 114-21 114-41 114-73 114-87 ... AND THEN THERE WAS THE MULTI-YEAR FAST ACT Bill Passed Passed Signed Public Congr. Number Time Period Covered Duration House Senate Into Law Law# 114th HR 22 12/5/2015 - 9/30/2020 4.8 years 12/3/15 12/3/15 12/4/15 VERSIGHT CEQ050FY18091_000001959 CEQ-18-0173-I-000011 ExpeditingHigh PriorityProjects From: "Bodine, Susan (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 30 Jun 2017 15:17:03 -0400 Attachments: Expediting High Priority.docx (21.1 kB) I don't know if Richard sent this to you or not - Susan AMR N PVERSIGHT 1 CEQ050FY18091 _ 000002042 CEQ-18-0173-I-000012 Sec. xxx Expediting Construction of High Priority Projects (a) Definitions (1) Agency [cross ref APA] (2) State [include DC and territories] (3) Indian tribe [standard definition] (4) High priority project -A high priority project is a project (i) that is identified by a Governor of a State or the Chairman of an Indian Tribe as a project that will address critical needs that are not currently being addressed and will generate substantial regional or national benefits and (ii) is a project that is (I) a covered project under 41001(6) of the [FAST ACT], 42 U.S.C. 4370m(6), (II) a project subject to section 139 of title 23, or (Ill) a project subsect to section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348). (b) Multi-state projects.-a project that crosses the boundaries of one or more states shall not be identified as a high priority project unless it is so identified by the Governors of all affected states. (c) Project identification; information.--The Governor of a State or the Chairman of an Indian Tribe may (1) identify high priority projects on lands under the jurisdiction of the governor or chairman, and (2) provide to the Chairman of the Council on Environmental Quality such information regarding such projects as the Chairman may require. (d) Project review.- The head of any agency with responsibility for review and approval of a high priority project shall ensure that any timelines for review developed under title 41 of the FASTAct, section 139 of title 23, or section 2045 of the Water Resources Development Act of 2007 (33 U.S.C. 2348), as applicable, are met. (e) Project approval.(1) In general. - In any case in which the duration of the federal review of a high priority project has exceeded [three] years and the project has not received all applicable federal approvals, notwithstanding any other provision of law the Executive Director of the Federal Permitting Improvement Steering Council established under section 41002(A) of the FASTAct, with the concurrence of a two thirds majority of the heads of the agencies identified in section 41002(b)(2)(B) of such Act, may issue the applicable federal approvals. (2) Consideration. - In determining whether to concur in the decision to issue applicable federal approvals, the heads of agencies referred to in paragraph (1) shall consider the project's regional and national significance, its importance to the general welfare and its value to the nation. VERSIGHT CEQ050FY18091_000002043 CEQ-18-0173-I-000013 (3) Discretion.-A determination by an agency head to concur in the decision to issue applicable federal approvals and an action by the Executive Director to issue applicable federal approvals are committed to the discretion of each agency head and to the Executive Director. (4) Delegation. The authority to provide the concurrence referenced in paragraph (1) may not be delegated below the level of assistant secretary (or comparable level). (5) Mitigation.- The applicable federal approvals made under paragraph (1) for a high priority project may include conditions requiring appropriate mitigation of adverse environmental impacts proximately caused by the construction of the high priority project. (f) Status of Decision.-- An approval by the Executive Director under this section shall not be a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (g) Repeal. Section 41013 of the FASTAct [42 USC4370m-12] is repealed. VERSIGHT 2 CEQ050FY18091_000002043 CEQ-18-0173-I-000014 Re: Streamlining From: "Antell, Geoffrey" To: "Gribbin, DJ J. EOP/WHO" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 06 Jul 2017 21: 17:46 -0400 Gotcha. What is timing ofNPRM'' Geoffrey Antell Office of the Speaker wrote: On Jul 6.2017, at 12:45 PM. Gribbin , DJ J. EOP /WHO Thought we'd share with you first . From:Antell, Geoffrey (mailto:Geoffrey.Antell@mail.house.gov Sent: Thursday, July 6, 2017 12:35 PM To: Gribbin, DJJ. EOP/WHO Cc: Herrgott, Alex H. EOP/CEQ Subject:RE:Streamlining ] Thanks for this . Have you shared with Gosselin and the committee? From:Gribbin, DJJ. EOP/WHO [mailto Sent: Thursday, July 06, 2017 12:35 AM To: Antell, Geoffrey Cc:Herrgott, Alex H. EOP/CEQ Subject: Streamlinine Geoff, In response to the meeting we had over here with Committee staff and our conversation on your balcony, attached is a list of streamlining in itiatives and where they are in the process that Alex and the USDOTteam pulled together . You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-re leased NPRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any addit ional follow up needed . Thanks, DJ AMR AN PVERSIGHT 1 CEQ050FY18091 _000002015 CEQ-18-0173-I-000015 RE: Streamlining From: "Gribbin, DJ J. EOP/WHO" To: "Antell, Geoffrey" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 06 Jul 2017 12:41:19 -0400 Thought we'd share with you first . From: Antell, Geoffrey [mailto:Geoffrey.Antell@mail.house.gov) Sent: Thursday, July 6, 2017 12:35 PM To: Gribbin, DJJ. EOP/WHO Cc:Herrgott, Alex H. EOP/CEQ Subject: RE:Streamlining > Thanks for this . Have you shared with Gosselin and the committee? From: Gribbin, DJJ. EOP/WHO [mailto Sent: Thursday, July 06, 2017 12:35 AM To: Antell, Geoffrey Cc:Herrgott, Alex H. EOP/CEQ Subject: Streamlining Geoff, In response to the meeting we had over here with Committee staff and our conversat ion on your balcony, attached is a list of streaml ining initiatives and where they are in the process that Alex and the USDOT team pulled together . You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released NPRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any additional follow up needed. Thanks, DJ AMR AN PVERSIGHT 1 CEQ050FY18091 _000002018 CEQ-18-0173-I-000016 RE: Streamlining From: "Antell, Geoffrey" To: "Gribbin, DJ J. EOP/WHO" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 06 Jul 2017 12:34:56 -0400 Thanks for this. Have you shared with Gosselin and the committee? From: Gribbin, DJJ. EOP/WHO [mailto Sent: Thursday, July 06, 2017 12:35 AM To: Antell, Geoffrey Cc: Herrgott, Alex H. EOP/CEQ Subject:Streamlining Geoff, In response to the meeting we had over here with Committee staff and our conversation on your balcony, attached is a list of streamlining init iatives and where they are in the process that Alex and the USDOTteam pulled together. You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released NPRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any additional follow up needed. Thanks, DJ AMR N PVERSIGHT 1 CEQ050FY 18091_ 000002021 CEQ-18-0173-I-000017 Streamlining From: "Gribbin, DJ J. EOP/WHO" To: "Antell , Geoffrey" Cc: "Herrgott , Alex H. EOP/CEQ" Date: Thu, 06 Jul 2017 00:34:39 -0400 .A:ttachments: Unimplemented Project Delivery Provisions .xlsx (14.58 kB) Geoff, In response to the meeting we had over here with Committee staff and our conversat ion on your balcony, attached is a list of streamlining initiatives and where they are in the process that Alex and the USDOTteam pulled together. You wi ll note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released NPRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any additional follow up needed. Thanks, DJ AMR N PVERSIGHT 1 CEQ050FY 18091 _ 000002027 CEQ-18-0173-I-000018 RE: Streamlining From: "Gribbin, DJ J. EOP/WHO" To: "Antell, Geoffrey" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Sat, 08 Jul 2017 21:31:17 -0400 I' m not sure . Alex? From: Antell, Geoffrey [mailto:Geoffrey.Antell@mail.house.gov) Sent: Thursday, July 6, 2017 9:18 PM To: Gribbin, DJJ. EOP/WHO Cc:Herrgott, Alex H. EOP/CEQ Subject:Re: Streamlining > Gotcha. What is timing of NPRM? Geoffrey Antell Office of the Speaker On Jul 6, 2017, at 12:45 PM, Gribbin, DJJ. EOP/WHO > wrote : Thought we'd share with you first . From: Antell, Geoffrey [mailto:Geoffrey.Antell@mail.house.gov Sent: Thursday, July 6, 2017 12:35 PM To: Gribbin, DJJ. EOP/WHO Cc: Herrgott, Alex H. EOP/CEQ Subject: RE:Streomlining ) > Thanks for this. Have you shared with Gosselin and the comm ittee? From: Gribbin, DJJ. EOP/WHO [mailt Sent: Thursday, July 06, 2017 12:35 AM To: Antell, Geoffrey Cc:Herrgott, Alex H. EOP/CEQ Subject:Streamlining Geoff, AMR AN PVERSIGHT 1 CEQ050FY18091_000002006 CEQ-18-0173-I-000019 In response to the meeting we had over here with Committee staff and our conversation on your balcony, attached is a list of streamlining initiatives and where they are in the process that Alex and the USDOT team pulled together. You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released NPRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any additional follow up needed. Thanks , DJ AMERICAN PVERSIGHT 2 CEQ050FY18091_000002006 CEQ-18-0173-I-000020 Re: Streamlining From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange (fydibohf23spdlt)/cn=recipients/cn=c administrative group 7ce 1ebaef28486db7e75a45c 19c9813-herrgott, a"> To: "Gribbin, DJ J. EOP/WHO" Cc: "Antell, Geoffrey'' Date: Sun, 09 Jul 2017 13:05:05 -0400 As for the supplementalNPRM. I will circle back with DOT and OIRA Monday. It is important we move this quickly on our end. I will have answer. Sent from my iPhone On Jul 8, 20 l 7. at 9:31 PM. Gribbin, DJ J. EOPiWHO wrore: I'm not sure . Alex? From: Antell, Geoffrey [mailto:Geoffrey.Antell@mail.house.gov ) Sent: Thursday, July 6, 2017 9:18 PM To: Gribbin, DJJ. EOP/WHO Cc: Herrgott, Alex H. EOP/CEQ Subject: Re: Streamlining > Gotcha. What is timing of NPRM? Geoffrey Antell Office of the Speaker > wrote: On Jul 6, 2017, at 12:45 PM, Gribbin, DJ J. EOP/WHO Thought we'd share with you first. From:Antell, Geoffrey [mailto:Geoffrey.Antell@mail.house.gov Sent: Thursday, July 6, 2017 12:35 PM To: Gribbin, DJJ. EOP/WHO Cc:Herrgott, Alex H. EOP/CEQ Subject: RE: Streamlining ] > Thanks for this. Have you shared with Gosselin and the committee? AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000002609 CEQ-18-0173-I-000021 From:Gribbin, DJ J. EOP/WHO [mailto Sent: Thursday, July 06, 2017 12:35 AM To: Antell, Geoffrey Cc:Herrgott, Alex H. EOP/CEQ Subject: Streamlining Geoff, In response to the meeting we had over here with Committee staff and our conversation on your balcony, attached is a list of stream lining initiatives and where they are in the process that Alex and the USDOTteam pulled together. You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released NPRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any additional fol low up needed . Thanks, DJ PVERSIGHT 2 C EQ050FY 18091 _ 000002609 CEQ-18-0173-I-000022 Re: Streamlining From: To: "Gribbin, DJ J. EOP/WHO" Cc: "Antell, Geoffrey" Date: Sun, 09 Jul 2017 13:05:05 -0400 As for the supplemental NPRM. I will circle back with DOT and OlRA Monday. It is important we move this quickly on our end. I will have answer. Sent frommy iPhone On Jul 8, 2017, at 9:31 PM, Gribbin. DJ J. EOP /WHO wrote: I'm not sure. Alex? From: Antell, Geoffrey (mailto:Geoffrey.Antell@mail.house.gov Sent: Thursday, July 6, 2017 9:18 PM To: Gribbin, DJJ. EOP/WHO Cc:Herrgott, Alex H. EOP/CEQ Subject: Re: Streamlining ] > Gotcha. What is timing of NPRM? Geoffrey Antell Office of the Speaker On Jul 6, 2017, at 12:45 PM, Gribbin, DJ J. EOP/WHO wrote: Thought we'd share with you first . From:Antell, Geoffrey (mailto :Geoffrey .Antell@mail.house .gov] Sent: Thursday, July 6, 2017 12:35 PM To: Gribbin, DJ J. EOP/WHO Cc: Herrgott, Alex H. EOP/CEQ Subje ct: RE: Streamlining Thanks for this. Have you shared with Gosselin and the committee? From: Gribbin, DJ J. EOP/WHO (mailto Sent: Thursday, July 06, 2017 12:35 AM To: Antell, Geoffrey AMR AN PVERSIGHT 1 C EQ050 FY 1809 1_000002 74 7 CEQ-18-0173-I-000023 Cc: Herrgott, Alex H. EOP/CEQ Subject:Streamlining Geoff , In response to the meeting we had over here with Committee staff and our conversation on your balcony, attached is a list of streamlining initiatives and where they are in the process that Alex and the USDOT team pulled together. You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released N PRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any additional follow up needed. Thanks , DJ 2 CEQ050FY 18091_00000274 7 CEQ-18-0173-I-000024 SenatorSullivanNEPA and Infrastructure PackageRoundTable From: 'Wiegard, Pierce (Sullivan)" To: "Herrgott, Alex H. EOP/C EQ" Date: Mon, 10 Jul 201713:07:07 -0400 Attachments RAN Act Draft Short Summary June 2017.pdf (77 kB); RAN Ac t Discussion Draft Sec By Sec 06012017.pdf (114.76 kB); RAN Act Oraft.pdf (120.7 kB) Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wa nted to pass on my boss's NEPA and Infrastructure bill discussion draft. He is looking to put together a round ta ble or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O'Sullivan from LIUNA, and we were wondering if you would consider joining the discussion for the admin istration. The event will likely be linked with introduction of our bill. Happy to chat further, or you feel free to call Erik Elam, our LD. Pierce Wiegard Legislative Counsel Office of U.S. Senator Dan Sullivan Pierce wicgard@sullivan.senate.gov AMR N PVERSIGHT 1 CEQ050FY18091 _00000192 4 CEQ-18-0173-I-000025 Senator Dan Sullivan "Rebuild America Now (RAN) Act" Discussion Draft The Problem: o Critical U.S. infrastructure for transportation, water resources, and energy often take over 5 years to pass through environmental reviews and permitting. o Even after receiving administrative approval, projects are usually challenged in courts and delayed for several more years. o New federally funded highways projects take between 9 and 19 years from planning and permitting to completion. o It has taken nearly 14 years to permit the Gross Reservoir in Colorado. o It took almost 20 years to permit the Kensington gold mine in Alaska. The Solution: o When considering an infrastructure bill, Congress should ensure that any spending be accompanied with meaningful environmental review and permitting modernization. oA recent Study by the American Action Forum found that "Using a 2-year deadline [for NEPA reviews], there would be 32 additional energy projects costing around $67.1 billion ready for investment; there would also be 87 additional transit projects costing around %56.4 billion ready for investment." 1 Tightening reviews to 2 to 3 years could increase investment and project delivery. RAN Act Summary: o The bill builds on the positive NEPA reforms Congress passed in the FAST Act at the end of 2015. Under five titles, the bill looks first to ensure efficiency in the environmental review and permitting process, by establishing realistic deadlines for NEPA reviews, expanding exclusions for emergency and vital infrastructure projects, and simplifying NEPA documents. Additionally, the bill targets sue and settle practices and limiting needless delay in challenges to permits or NEPA reviews. The rest of the bill looks at natural gas pipelines and surface transportation projects to find practical reformats and state cooperation that will allow for orderly and more predictable project delivery. o Title I establishes reforms to modernize environmental reviews under NEPA; prioritize necessary and emergency infrastructure projects; simplify processes and protect permittees rights. Including: 1 Curtis Arndt, American Action Forum, Regulatory Burdens and the Supply of Infrastructure Projects (Feb. 23, 2017), available at https://www.americanactionforum.org /print/?url=https: //www.americanactionforum.org /research/infrastructureregulatory-burdens /. AMERICAN PVERSIGHT 1 CEQ 050 FY 18091_ 00000 1925 CEQ-18-0173-I-000026 Expanding categorical exclusions under NEPA for critical and emergency infrastructure; Tightening the scope of NEPA reviews and provide strict qualification for parties to participate in the process to be eligible to challenge environmental reviews; Allow projects to better utilize existing studies and reviews to fulfill the process, without having to reinvent the wheel; Simplifying the review documents; Excluding projects with small federal investment; Limiting the statute of limitations for challenges; Exempt major environmental and resource statutes that already contain environmental considerations from additional Clean Air Act section 309(a) reviews by EPA during NEPA reviews. o Title II enacts reforms in the judicial process for challenges to infrastructure projects and permitting decisions that will limit unnecessary delay, rulemaking by litigation, and streamline judicial reviews, and provide disincentives for wasteful or purely dilatory litigation. This may include: Addressing sue and settle practices which regulate through litigation. Changing incentives and fee recovery models. o Title III outlines provisions for streamlining natural gas pipeline siting and approvals. Including: Require FERC to make a decision on certificates of public convenience and necessity within 12 months. Require other agencies to issues licenses and permits on pipelines within 90 days of FERC action on a certificate. Require FERC to provide justification and demonstrated need for extensions or delays. Deems granted permits and licenses if federal agencies fail to meet timelines for issuing decisions on natural gas pipelines. Improves coordination with states and streamlines application procedures for pipelines. Include natural gas pipelines as public utilities that can be granted rights of way through park system units under regulation by the Secretary. Allow companies building natural gas pipelines to use aerial survey data to satisfy preliminary requirements for applying for a FERC certification. o Title IV amends the Clean Air Act, to limit marginal conformity requirements. Commission a study on transportation and air quality conformity effectiveness Exempt marginal non-attainment and maintenance areas from conformity. Conformity compliance with the most recent air quality standards Allow for implementation of conformity measures prior to compliance. o Title V Increases State Authority and Collaboration in Reviewing Transportation Projects, by delegating or allowing states to take over certain authorities from the Federal Highway Administration. AMERICAN PVERSIGHT 2 CE Q050 FY 18091_ 00000 1925 CEQ-18-0173-I-000027 The Rebuild America Now Act Discussion Draft TITLE I: Permitting Modernization Section 1: Expansion of Categorical Exclusion/ Provide Additional Authority to States o This section amends 23 U.S.C. Sec. 326 to allow the assignment of respons ibility for all categorical exclusions to the states. o Further, this section clarifies that a state can assume USDOT's responsibility for making conformity determinations under the Clean Air Act, along with all other environmental review responsibilities that are currently assumable. Section 2: NEPA Reform o Streamline and set parameters on the scope of reviews under National Environmental Policy Act of 1969 (NEPA). Establish firm requirements for participation in the comments and coordination process for agencies and set out requirements for lead agencies to more effectively manage NEPA reviews. o Projects may adopt and apply certain environmental review documents (EA or EIS) of other projects located nearby or prepared by states under certain circumstances. o Prohibit challenges on permits, licenses, or federal approvals under NEPA, unless o Parties have already had a chance to comment on the review; o The challenging party submitted sufficiently detailed comments; and o Is filed within 60 days after the permit, license or approval is made final and published in the Federal Register o The preparation of a supplemental environmental impact statement, when required, is deemed a separate final agency action o The deadline for filing a claim for judicial review of supplemental EIS shall be 60 days after the date of publication of a notice in the Federal Register announcing the record of decision for the supplemental EIS; and o Any claim challenging agency action on the basis of information in a supplemental environmental impact statement shall be limited to challenges on the basis of that information. o Limitations are placed on claims arising under federal law seeking judicial review of a permit, license, or approval issued by a federal agency for an action subject to NEPA. o Require Clean Water Act 404 permitting to take place concurrently with the EA/EIS process, so that at the ROD is issued jointly with a permit decision. Section 3: Providing Preferential NEPA Process for Emergency Projects o This section creates the categorical exemption from NEPA and other specified environmental review, approval, licensing, and permit requirements for the construction of a project that is critical to the immediate safety of an environmentally threatened community. Status as an environmentally threatened community under immediate threat to safety shall be determined in consultation with Federal Emergency Management Administration Section 4: Categorical exclusion for projects of limited Federal assistance 1 AMERICAN PVERSIGHT 1 CE Q050 FY 18091_ 0000 01926 CEQ-18-0173-I-000028 o This section increases the Categorical Exclusion for the minimum threshold for federal funding to trigger environmental reviews under NEPA. Federal funding triggers federal environmental reviews only where there is a substantial level of federal involvement. In this section, the de minimis threshold is doubled from current law, and defined in two ways: (1) as a total amount (more than $10,000,000) and (2) as a percentage of total project costs (16% or more). Section 5: Simplifying Environmental Documents o Statement of congressional policy that NEPA reviews are meant to ensure the process of considering the effects of projects takes place prior to a significant federal actionnothing more. o Under this section Environmental Assessment (EA) and Environmental Impact Analysis (EIS) must be sufficient to provide a reasonable consideration of the potential environmental affects and alternatives of the proposed projects. o To facilitate public transparency and understanding of NEPA documentation: ? EAs and EISs should demonstrate a searching hard look at the potential impacts of the projects, but shall not exceed 300 pages without substantial justification. ? The lead agency may exceed the page limit upon notice and a 30 day opportunity to comment for project proponents. ? Comments will not be open to other parties. Section 6: Permittee Bill of Rights. o When dealing with the federal government under, including but not limited to, the following Acts: o Endangered Species Act o Clean Water Act o Clean Air Act o Toxic Substances o RCRA o Safe Drinking Water Act o Outer Continental Shelf Lands Act o Atomic Energy Act. o Surface Mining Control and Reclamation Act o Parties are entitled to the following rights when interacting with a federal agency seeking a determination on a permit application, determination, or decision under the above statutes: o Permit decisions must be issued within statutory deadlines or a reasonable time agreed upon by the parties. o Permit applicants shall have the right to assistance and prompt responses in seeking information on the regulatory and permit process from the permitting agency. o Permit applicants have the right to request and receive a clear projected schedule of fees for the review and completion of a permit process. 2 AMERICAN PVERSIGHT 2 CE Q050 FY 18091_ 0000 01926 CEQ-18-0173-I-000029 o o Permit applicants have the right to request and receive a clear concise statement of the reasoning for an Agency's determination to reject a permit application. o Permit applicant have the right to a transparent and unbiased decision based on the submitted application, statutory, regulatory requirements. o It is the policy of the U.S. to utilize its natural resources in a responsible manner to maximize value and utility, while protecting public health and welfare. Therefore, permitting agencies or authorities should, to the maximum extent possible, seek to favorably issue permit decisions. Section 7 Amend section 309(a) of the Clean Air Act to exempt any action outlined in subsection 1-3 implementing or amending the following acts: OCSLA, CWA, SDWA, CZMA, ESA, FLPMA, CERCLA, NISA, RCRA, EISA, Fish and Wildlife Act. TITLE II: Judicial Section 1: Deadlines for Filing Suit o Any regulatory related judicial action must be filed not later than the end of the 60-day period beginning on the date of the final agency action. Any regulatory related action not filed within this time period shall be barred. Section 2: Sue and Settle Reform o o o o o Federal agencies must inform the public immediately upon receiving notice of an advocacy group's intent to file a lawsuit. This public notice must be provided in a prominent location, such as the agency's website or through a notice in the Federal Register. Federal agencies will required to submit a notice of a proposed consent decree or settlement agreement before it is filed with the court. This notice must be published in the Federal Register and allow a reasonable period for public comment. Agencies are prohibited from ceding their discretionary powers to private interests, especially the power to issue regulations and to develop the content of rules. Courts must review the statutory basis for agency actions in consent decrees and settlement agreements in the same manner as if they were adjudicating a case. Federal agencies must ensure that they have enough time to comply with regulatory timelines. The public also must be given enough time to meaningfully comment on proposed regulations, and agencies must themselves take enough time to adequately conduct proper analysis. This would include agency compliance with the Regulatory Flexibility Act, executive orders, and other requirements designed to promote better regulations. Section 3: Loser Pays o In any regulatory related action in which the plaintiff does not ultimately prevail, the court shall award to the defendant fees and other expenses incurred by that party in connection with the regulatory related action, unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award 3 AMERICAN PVERSIGHT 3 CE Q050 FY 18091_ 0000 01926 CEQ-18-0173-I-000030 unjust. Whether or not the position of the plaintiff was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the energy related action for which fees and other expenses are sought. Section 4: Statute of Limitation under the AP A for certain Statutes o Amend the APA to include 120 or 60 day SOL for challenges to agency actions stemming from ROD and final permit decisions under: NEPA, MMP A, ESA, MBTA, CW A, and CAA. TITLE III: Natural Gas PIPELINES Section 1: Regulatory Approval of Natural Gas Pipeline Projects o "Amends the Natural Gas Act to direct the Federal Energy Regulatory Commission (FERC) to approve or deny a certificate of public convenience and necessity for a prefiled project within 12 months after receiving a complete application that is ready to be processed. o Defines "prefiled project" as a project for the siting, construction, expansion, or operation of a natural gas pipeline with respect to which a prefiling docket number has been assigned by FERC pursuant to a pre filing process established by FERC for the purpose of facilitating the formal application process for obtaining a certificate of public convenience and necessity. o Requires the agency responsible for issuing any federal license, permit, or approval regarding the siting, construction, expansion, or operation of a project for which a certificate is sought to approve or deny issuance of the certificate within 90 days after FERC issues its final environmental document regarding the project. o Requires FERC to grant an agency request for a 30-day extension of the 90-day time period if the agency demonstrates that it cannot otherwise complete the process required to approve or deny the license, permit, or approval, and therefore will be compelled to deny it. o Authorizes FERC, in granting such an extension, to offer technical assistance to the agency in order to address conditions preventing completion of the application review. o Declares that, if the agency fails to approve or deny issuance of a permit, license, or approval within the prescribed time-frame, the license, permit, or approval shall take effect upon expiration of 30 days after the period's end. o Directs FERC to incorporate into the terms of a license, permit, or approval any conditions proffered by the agency that FERC does not find to be inconsistent with the final environmental document." Section 2 4 AMERICAN PVERSIGHT 4 CE Q050 FY 18091_ 0000 01926 CEQ-18-0173-I-000031 o Amend section 54 USC 100902(a)(l) to strike the first "and" then add after "electrical power" "and natural gas or petroleum product pipelines;" Section 3 o Allow companies building natural gas pipelines to use aerial survey data to satisfy preliminary requirements for applying for a FERC certification. Existing survey requirements must then be provide before certification approved, but allows the application process to move forward without expensive and dilatory upfront survey. o Title IV Transportation Conformity Reform: o Section 1: Require FHWA, FTA and EPA to comm1ss10nan independent National Academies of Sciences study on transportation air quality conformity to evaluate the effectiveness of conformity requirements related to meeting the goals of the Clean Air Act, and provide recommendations for transportation conformity policy, legislative and regulatory changes related to transportation planning and air quality. o Section 2: Amend 42 USC 7506(c)(2) to exempt marginal nonattainment and attainmentmaintenance from transportation conformity requirements. o Amend 42 USC 7 506 to require transportation conformity for only the most recently issued National Ambient Air Quality Standard (NAAQS) for each criteria pollutant. o Amend 42 USC 7506 to require that initial transportation conformity does not apply until six months after EPA approves the SIP motor vehicle emissions budgets. o Title V Increasing State Authority and Collaboration in Reviewing Transportation Project: o Amend 23 USC 108 to allow states to assume some or all of FHW A's responsibilities for approval of right-of-way acquisitions, including the advanced acquisition ofright of way, subject to the same legal protections that currently apply to the right-of-way acquisition process. This would require an amendment to 23 USC 108. o Allow states to approve a time extension for repayment of right-of-way costs when construction has not begun, subject to criteria established in applicable Federal regulations and policies. o Under 23 USC 111, States normally are required to obtain FHW A approval for adding or modifying any access points on the Interstate System. This statute was amended in MAP21 to include a new provision, section 111(e), which allows FHW A to authorize a State DOT to approve the Interstate access change report. However, FHW A has interpreted this provision to mean that the State can approve the report, but FHW A itself must retain the ultimate approval authority over the change in the Interstate System. Section 111(e) should be amended to provide that, upon request of a State DOT, FHW A shall assign to a State the full responsibility for approving a new or modified access point on the Interstate System under 23 USC 111. o Currently, there is a limitation on assignment of FHW A responsibilities under 23 USC 106 with regard to projects on the Interstate System that have been designated as "high risk" by FHW A. The statute does not define the term "high risk." A new legislative authority should require FHW A to collaborate with the State DOTs to develop a definition for "high risk" that allows States to assume the full range of responsibilities specified in 23 USC 106 for all projects on the Interstate System, subject to safeguards established as appropriate in each State's individual Stewardship and Oversight Agreement. 5 AMERICAN PVERSIGHT 5 CE Q050 FY 18091_ 0000 01926 CEQ-18-0173-I-000032 o Attachment B to the FHW A-State Stewardship and Oversight Agreement requires FHW A approval for various policies and procedures, such as a State DOT' s standard specifications; pavement design policy; value engineering policy and procedures; liquidated damage rates; quality assurance program; and other matters. A new legislative authority should allow States to approve modifications to these procedures without preapproval by FHW A, subject to FHW A's ongoing oversight of the State's compliance with federal requirements. 6 AMERICAN PVERSIGHT 6 CEQ 050FY 18091_00000 1926 CEQ-18-0173-I-000033 ARP1706:3 S.L.C. 115TH CONGRESS 1ST SESSION s. To improve the processes by which environmental documents are prepared and permits and applications are processed and reg1llated by Federal departments and agencies, and for other puqJoses. IN THE SENATE OF THE UNITED STATES _________ introduced the following bill; which was read t\vice and referred to the Committee on --------- A BILL To improve the processes by which environmental documents are prepared and permits and applications are processed and regulated by Federal departments and agencies, and for other puqJoses. l Be it enacted by the Senate and House of Representa- 2 tives of the Un,ited States of America 'in Congress assembled, 3 4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE .-This Act may be cited as the 5 "Rebuild America Now Act". 6 (b) TABLE OF CONTENTS.-The table of contents for 7 this Act is as follows: See. 1. Short title; table of eontents. See. ~- Definitions. CEQ050FY18091_000001927 CEQ-18-0173-I-000034 ARP17063 S.L.C. 2 TITLE I-PERMITTING MODERNIZATION Sec. 101. Expansion of State responsibility for categorical exclusions. Sec. 102. National Environmental Policy Act of 1969 reform. Sec. 103. Designation of categorical exclusions for emergency projects structurally deficient infrastructure. Sec. 104. Categorical exclusion for projects of limited Federal assistance. Sec. 105. Simplifying environmental documents. Sec. 106. Permittee bill of rights. Sec. 107. Policy review under Clean Air Act. TITLE II-JUDICIAL and PROVISIONS Sec. 201. Deadline for filing energy-related causes of action. Sec. 202. Limiting sue and settle practices. TITLE III-NATURAL GAS PIPELINE PERMITTING EFFICIENCY Sec. 301. Regulatory approval of natural gas pipeline projects. Sec. 302. Rights of way for public utilities. TITLE IV-TRANSPORTATION CONFORMITY REFORM Sec. 401. Limitations on certain Federal assistance under Clean Air Act. Sec. 402. Study on transportation air quality conformity under Clean Air Act. TITLE V-INCREASING STATE AUTHORITY AND COLLABORATION IN REVIEWING TRANSPORTATION PROJECTS Sec. Sec. Sec. Sec. SEC. 2. DEFINITIONS. 2 In this Act: (1) AGENCY.- The term ''agency'' 4 agency, department, 5 local, or tribal government. 6 PVERSIGHT Federal-State project agreements. Project approval and oversight for high risk projects. Advance acquisition of real property. Agreements relating to use of, and access to, rights-of-way on Interstate System. 1 3 AMERICAN 501. 502. 503. 504. means any or other unit of Federal, State, (2) ENVIRONMENTALASSESSMENT.- The term 7 "environmental 8 document for which a Federal agency is responsible 9 that serves- assessment" 2 means a concise public CEQ0 50 FY 18091_ 0000 01927 CEQ-18-0173-I-000035 ARP1706:3 S.L.C. 3 1 (A) briefly to provide sufficient 2 and analysis for determining 3 pare- 4 5 whether (i) an environmental impact sons why(I) a project that is not otherwise subject to a categorical exclusion will 9 10 not have a significant 11 human environment; and effect on the 12 (II) 13 statement 14 will not be prepared; and an environmental for the project if an enviromnental (B)(i) impact therefore impact 16 ment is necessary, 17 the environmental impact statement; or 18 (ii) if no environmental 20 agency with the National Environmental 21 Act of 1969 (42 U.S.C. 4321 et seq.). 22 (3) ENVIRONMENTAL 24 25 of impact statement 1s necessary, (A) state- to facilitate preparation 19 23 state- (ii) a document that presents the rea- 8 15 to pre- ment; or 6 7 evidence to aid in the compliance by an Policy DOCUMENT.- IN GENERAL.-The term ''environ- mental document" means(i) an environmental 3 assessment; and CEQ050FY18091_000001927 CEQ-18-0173-I-000036 ARP1706:3 S.L.C. 4 1 (ii) an environmental 2 ment. 3 (B) lNCLUSIONS.-The term state- ''environ- 4 mental 5 supplemental 6 described in clause (i) or (ii) of subparagraph 7 (A) that is prepared pursuant 8 (4) 9 document" impact includes any document document relating to a document ENVIRONMENTAL The term "environmental to a court order. IMPACT STATEMENT.- impact statement" 10 a detailed statement 11 enviromnental 12 under 13 1969 (42 U.S.C. 4321 et seq.). 14 or means regarding applicable significant impacts the National required to Environmental (5) LEAD AGENCY.-The be prepared Policy Act of term ''lead agency'', 15 with respect to a project, means the Federal agency 16 responsible 17 ments for the project. 18 19 20 for preparing (6) PRO,JECT.-The any environmental term "project" means (A) is an action or proposal by the head of a Federal 22 102(2)(C) of the National Environmental 23 Act of 19 6 9 (42 U.S. C. 43 3 2 (2) (C)); or 25 a construction activity that- 21 24 docu- agency that is subject to section Policy (B) requires approval by a permit or regulatory decision issued by a Federal agency. 4 CEQ050FY18091_000001927 CEQ-18-0173-I-000037 ARP1706:3 S.L.C. 5 TITLE I-PERMITTING MODERNIZATION 1 2 3 SEC. 101. EXPANSION OF STATE RESPONSIBILITY FOR CAT- 4 5 EGORICAL EXCLUSIONS. Section 326 of title 23, United States Code, 1s 6 amended7 (1) in subsection (a)- 8 (A) in paragraph 9 (1), by striking "certain designated activities are included within classes 10 of action identified in regulation 11 retary that are" and inserting 12 included within a class of action identified in a 13 regulation by the Secretary that is"; and 14 (B) in paragraph by the Sec- "any activity is (2), by striking 15 only for types 16 ignated by the Secretary''; 17 (2) in subsection (b)(l), by inserting of activities specifically "and des- and "(includ- 18 ing the responsibility 19 minations under the Clean Air Act (42 U.S.C. 7401 20 et seq.))" after "categorical exclusions". 21 22 23 for making conformity deter- SEC. 102. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REFORM. (a) IN GENERAL.-Chapter 5 of part 1 of title 5, 24 United States Code, is amended by inserting after sub- 25 chapter II the following: 5 CEQ050FY18091_000001927 CEQ-18-0173-I-000038 ARP1706:3 S.L.C. 6 1 2 "SUBCHAPTER COORDINATION IIA-INTERAGENCY RELATING 3 "? 560. National Environmental 4 5 TO PERMITTING Policy Act of 1969 re- form. "(a) DEFINITIONS.-In this subchapter: "(1) AGENCY.-The 6 7 agency, department, 8 local, or tribal government. 9 term 'agency' means any or other unit of Federal, State, "(2) CATEGORYOF PROJECTS.-The term 'cat- 10 egory of projects' means 2 or more projects related 11 by project type, potential environmental impact, geo- 12 graphical location, or other similar project feature or 13 characteristic. 14 "(3) ENVIRONMENTAL ASSESSMENT .-The 15 term 16 public document for which a Federal agency is re- 17 sponsible that serves- 'environmental 18 assessment' and analysis for determining 20 pare- 22 23 24 a concise "(A) briefly to provide sufficient evidence 19 21 means "(i) an environmental whether to pre- impact state- me~;oc "(ii) a finding of no significant un- pact; or 6 CEQ050FY18091_000001927 CEQ-18-0173-I-000039 ARP1706:3 S.L.C. 7 1 if an environmental "(B)(i) impact state- 2 ment is necessary, 3 the environmental impact statement; or 4 to facilitate preparation of "(ii) if no environmental impact statement 5 1s necessary, 6 agency with the National Environmental 7 Act of 1969 (42 U.S.C. 4321 et seq.). 8 '' ( 4) ENVIRONMENT AL DECISIONlVIAKING PROC- 9 ESS.-The term to aid in the compliance by an 'environmental Policy decisionmaking 10 process' means the procedure 11 for carrying out and completing any environmental 12 permit, 13 any Federal law other than the National Environ- 14 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 15 for a project subject to an environmental review. 16 17 18 of a Federal agency decision, approval, review, or study under "(5) ENVIRONMENTALDOCUMENT."(A) IN GENERAL.-The term 'environ- mental document' means- 19 "(i) an environmental assessment; and 20 1 impact . "(1?1?)an d environmenta . state- 21 ment. 22 "(B) lNCLUSIONS.-The term 'environ- 23 mental 24 any supplemental 25 ment described in clause (i) or (ii) of subpara- document' 7 includes any document or document relating to a docu- CEQ050FY18091_000001927 CEQ-18-0173-I-000040 ARP1706:3 S.L.C. 8 1 graph (A) that is prepared pursuant 2 order. 3 "(6) ENVIRONMENTAL IMPACT STATEMENT.- 4 The term 'environmental 5 detailed 6 environmental 7 under 8 1969 (42 U.S.C. 4321 et seq.). 9 statement impact statement' regarding impacts the National to a court applicable required to Environmental be means a significant prepared Policy Act of "(7) ENVIRONMENTALREVIEW.-The term 'en- 10 vironmental 11 eral agency for preparing 12 ment, categorical exclusion, or other document under 13 the National Environmental 14 U.S.C. 4321 et seq.). 15 "(8) review' means the procedure of a Fedan environmental docu - Policy Act of 1969 (42 FINDING OF NO SIGNIFICANT IMPACT.- 16 The term 'finding of no significant impact' means a 17 document issued by a Federal agency that presents 18 the reasons that- 19 "(A) a project that is not otherwise subject 20 to a categorical exclusion will not have a signifi- 21 cant effect on the human environment; and 22 "(B) an environmental impact statement 23 for the project therefore will not be prepared. 24 "(9) LEAD AGENCY.-The term 'lead agency', 25 with respect to a project, means the Federal agency 8 CEQ050FY18091_000001927 CEQ-18-0173-I-000041 ARP1706:3 S.L.C. 9 1 responsible 2 ment for the project. 3 4 5 for preparmg "(10) PRO,JECT.-The any environmental term 'project' means a construction activity that"(A) is an action or proposal by the head 6 of a Federal 7 102(2)(C) of the National Environmental 8 Act of 1969 (42 U.S.C. 4332(2)(C) ); or 9 docu- agency that is subject to section Policy "(B) requires approval by a permit or reg- 10 ulatory decision issued by a Federal agency. 11 "(11) PROJECT SPONSOR.- 12 "(A) IN GENERAL.-The term 'project 13 sponsor' means an agency or other entity that 14 seeks approval for a project or is otherwise re- 15 sponsible for carrying out a project. 16 "(B) lNCLUSIONS.-The term 'project 17 sponsor' includes any private or public-private 18 entity. 19 "(12) RECORD OF DECISION.-The term 'record 20 of decision' means a document prepared based on an 21 enviromnental impact statement 22 Environmental Policy Act of 1969 (42 U.S.C. 4321 23 et seq.) after the issuance of an environmental 24 pact statement, that- 9 under the National im- CEQ050FY18091_000001927 CEQ-18-0173-I-000042 ARP1706:3 S.L.C. 10 1 "(A) states any decision of the lead agency 2 regarding the relevant project; 3 '' ( B) identifies the alternatives 4 considered by the lead agency in reaching the decision; and 5 "(C)(i) to states avoid whether all 6 means or minimize 7 harm from the alternative 8 agency have been adopted; and practicable environmental selected by the lead '' (ii) if the lead agency decides not to 9 10 adopt any such practicable 11 description of the reasons for the decision. 12 "(b) means, includes a PREPARATION OF ENVIRONMENTAL Docu- 13 MENTS.-The project sponsor may prepare an environ- 14 mental document for the purpose of an environmental re15 view in support of a project for approval by the lead agen16 cy of the project if, before the project sponsor takes any 17 action or seeks any approval based on the environmental 18 document, the lead agency19 "(1) provides oversight 20 the environmental document; 21 "(2) independently 22 23 24 111 the preparation of evaluates the environmental document; and "(3) approves, within a reasonable time, and adopts the environmental document. 10 CEQ050FY18091_000001927 CEQ-18-0173-I-000043 ARP1706:3 S.L.C. 11 1 "(c) ADOPTIONAND USE OF ENVIRONMENTALDoc- 2 UMENTS.- 3 4 5 "(1) ENVIRONMENTAL DOCUMENTS UNDER NEPA.- "(A) IN GENERAL.-Except 6 subparagraph 7 prepare 8 statement 9 under the National Environmental 10 11 12 13 PREPARED as provided in (B), the lead agency shall not more than 1 environmental 1 environmental and impact assessment Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project. "(B) EXCEPTIONS.-The paragraph limitation in sub- (A) shall not apply to"(i) a supplemental environmental 14 document prepared under the National En- 15 viromnental Policy Act of 1969 (42 U.S.C. 16 4321 et seq.); or 17 "(ii) an environmental 18 pared pursuant to a court order. 19 "(C) RECORD OF DECISION.- 20 "(i) document pre- IN GENERAL.-Except as pro- 21 vided in clause (ii), after the date on which 22 the lead agency issues a record of decision 23 for a project, the head of a Federal agency 24 responsible for approving the project shall 11 CEQ050FY18091_000001927 CEQ-18-0173-I-000044 ARP1706:3 S.L.C. 12 1 not rely on any environmental 2 prepared before that date. 3 "(ii) ENVIRONMENTAL document DOCUMENT OF 4 LEAD AGENCY.-Notwithstanding 5 (i), the head of a Federal agency may rely 6 on an environmental document prepared by 7 the lead agency after the date on which the 8 lead agency issues a record of decision for 9 the project. clause 10 "(D) IMPACTANALYSIS.-On request by a 11 project sponsor, a lead agency may adopt, use, 12 or rely on a secondary or cumulative 13 analysis that is included in any environmental 14 document 15 romnental Policy Act of 1969 (42 U.S.C. 4321 16 et seq.) for a project located in the geographical 17 area that is the subject of the secondary or cu- 18 mulative impact analysis, if the secondary or 19 cumulative impact analysis provides information 20 that is applicable to the project. 21 "(2) STATE ENVIRONMENTAL DOCUMENTS.- 22 23 prepared impact under the National Envi- "(A) IN GENERAL."(i) ADOPTION OF STATE ENVIRON- 24 MENTAL DOCUMENTS.-On request 25 project sponsor and subject to clause (ii), 12 by a CEQ050FY18091_000001927 CEQ-18-0173-I-000045 ARP1706:3 S.L.C. 13 1 a lead agency may adopt as the environ- 2 mental document for a project an environ- 3 mental 4 law, if the 5 mental protection 6 public 7 similar to the environmental protection and 8 opportunity 9 the National Environmental 10 11 12 document prepared State under law provides State environ- and an opportunity involvement that for is substantially for public involvement under Policy Act of 1969 (42 U.S.C. 4321 et seq.). "(ii) SUPPLEMENTAL "(!) DOCUMENT.- IN GENERAL.-A lead agen- 13 cy shall prepare and publish a supple- 14 ment to an environmental 15 referred to in clause (i) before adopt- 16 ing the State enviromnental document 17 if the lead agency determines that- 18 '' (aa) a significant document change 19 has been made to the project that 20 is relevant for purposes of the en- 21 vironmental review; or 22 "(bb) there have been sig- 23 nificant changes in circumstances 24 or availability of information rel- 13 CEQ050FY18091_000001927 CEQ-18-0173-I-000046 ARP1706:3 S.L.C. 14 1 evant to the environmental 2 view. 3 "(II) re- PERIOD OF COMMENT.- 4 For any supplemental 5 pared and published under subclause 6 (I), the lead agency may solicit com- 7 ments from agencies and the public 8 for a period of not more than 45 days 9 beginning on the date of the publica- 10 11 document pre- tion. "(B) OBLIGATION OF LEAD AGENCY.-The 12 adoption of an environmental document by a 13 lead agency under subparagraph (A) (i) satisfies 14 the obligation of the lead agency under the Na- 15 tional Environmental 16 U.S.C. 4321 et seq.) to prepare 17 mental document. 18 Policy Act of 1969 (42 an environ- "(C) RECORD OF DECISION.-With respect 19 to a project, a lead agency shall issue a record 20 of decision or finding of no significant impact, 21 as appropriate, based on- 22 "(i) the environmental 23 adopted under subparagraph 24 "(ii) any supplemental 25 pared under subparagraph 14 document (A)(i); and document pre(A)(ii). CEQ050FY18091_000001927 CEQ-18-0173-I-000047 ARP1706:3 S.L.C. 15 1 "(3) CONTEMPORANEOUS PRO,JECTS.-The lead 2 agency may adopt for the project the environmental 3 document that resulted from an enviromnental 4 view carried out for a similar project in geographical 5 proximity if the lead agency- 6 7 re- "(A) determines that- "(i) there is a reasonable likelihood 8 that the project will have a similar environ- 9 mental impact as the similar project; and 10 "(ii) during the 5-year period ending 11 on the date on which the lead agency 12 makes determination, 13 project was subject to environmental 14 view or similar State procedures; and 15 "(B) adopts the enviromnental 16 17 18 19 the in accordance with paragraph the similar re- document (2)(A). "(cl) COOPERATING AGENCIES."(1) IN GENERAL.-The lead agency shall- "(A) be responsible for designating or in- 20 viting, as applicable, cooperating agencies (with- 21 in the meaning of section 1501.6 of title 40, 22 Code of Federal Regulations (as in effect on the 23 date of enactment 24 ance with this subsection; and 15 of this section)) in accord- CEQ050FY18091_000001927 CEQ-18-0173-I-000048 ARP1706:3 S.L.C. 16 1 "(B) provide to the head of each cooper- 2 ating agency a notice of the designation or invi- 3 tation in writing. 4 "(2) 5 FEDERAL COOPERATING AGENCIES.- "(A) IN GENERAL.-Except as provided in (C), any Federal agency that is 6 subparagraph 7 required to adopt the environmental 8 of the lead agency for a project shall- 9 " (i) be designated 10 document as a cooperating agency; and 11 "(ii) collaborate on the preparation 12 the environmental document. 13 "(B) NOTIFICATION.-The lead of agency 14 shall provide to the head of a Federal agency 15 described in subparagraph 16 of designation under paragraph 17 fies a date by which the head of the Federal 18 agency shall respond. 19 (A) a written notice (1) that speci- " (C) EXCEPTION.-Notwithstanding sub- 20 paragraph 21 may decline designation as a cooperation agency 22 if, not later than the date specified by the lead 23 agency under 24 the Federal agency informs the lead agency m 25 writing that the Federal agency- (A), the head of a Federal subparagraph 16 agency (B), the head of CEQ050FY18091_000001927 CEQ-18-0173-I-000049 ARP1706:3 S.L.C. 17 1 "(i) has no jurisdiction 2 with respect to the project; 3 "(ii) has no eA1)ertise or information 4 relevant to the project; and 5 "(iii) does not intend to submit comments on the prqject. 6 7 8 9 or authority "(3) OTHER COOPERATING AGENCIES.- "(A) IN GENERAL.-The lead agency shall identify, as early as practicable in the environ- 10 mental 11 agency other than an agency described in para- 12 graph 13 project, including- review for a project, (2) that 14 15 16 17 18 any official or may have an interest in the " (i) the Governor of an affected State; and "(ii) a local or tribal government. "(B) INVITATION.- "(i) IN GENERAL.-The lead agency 19 shall provide a written 20 agency or official identified under subpara- 21 graph (A) to become cooperating agencies 22 in the environmental review for the project. 23 24 25 "(ii) DEADLINE invitation to any REQUIRED.- " (I) IN GENERAL.-The invita- tion described in clause (i) shall in- 17 CEQ050FY18091_000001927 CEQ-18-0173-I-000050 ARP1706:3 S.L.C. 18 1 elude a deadline, 2 days after the date on which the invi- 3 tation is received, by which the invited 4 agency or official shall accept or de- 5 cline the invitation. "(II) 6 not to exceed 30 EXTENSION.-The lead 7 agency may extend the deadline under 8 subclause 9 shown. 10 (I) only for good "(C) FAILURE TO RESPOND.-An cause agency 11 or official that fails to respond to an invitation 12 under subparagraph (B )(i) before the deacliine 13 under subparagraph (B)(ii) shall be considered 14 to have declined the invitation 15 "(D) 16 shall designate 17 agency or official that 18 under subparagraph 19 "(4) for designation. DESIGNATION.-The EFFECT as a cooperating accepts lead agency agency any an invitation (B). OF DECLINING COOPERATING 20 AGENCYINVITATION.-An agency or official that de- 21 clines a designation 22 to be a cooperating agency for a project shall be pre- 23 eluded from- 24 25 or invitation by the lead agency "(A) submitting comments on any environ- mental document prepared 18 under the National CEQ050FY18091_000001927 CEQ-18-0173-I-000051 ARP1706:3 S.L.C. 19 1 Environmental 2 4321 et seq.) for the project; and 3 Policy Act of 1969 (42 U.S.C. "(B) taking any action to oppose, based on 4 the environmental review, any permit, license, 5 or approval relating to the project. 6 "(5) EFFECT OF DESIGNATION.-Designation 7 as a cooperating agency under this subsection does 8 not imply that the cooperating agency- 9 "(A) supports a proposed project; or 10 ''(B) has jurisdiction over, or special e2q)er- ll tise with respect to evaluation of, the project. 12 "(6) 13 each Federal 14 agency shall- CONCURRENT REVIEWS.-The agency designated head of as a cooperating 15 "(A) carry out the obligations of the Fed- 16 eral agency under other applicable law concur- 17 rently 18 mental 19 prqject under the National Environmental 2O icy Act of 1969 (42 U.S.C. 4321 et seq.); and 21 "(B) in accordance with the rules promul- and in conjunction review required with the environfor the applicable Pol- 22 gated by the Council on Environmental 23 pursuant 24 America Now Act, develop and carry out such 25 rules, policies, and procedures to section 102(c)(l) 19 Quality of the Rebuild as may be rea- CEQ050FY18091_000001927 CEQ-18-0173-I-000052 ARP1706:3 S.L.C. 20 1 sonably necessary to enable the Federal agency 2 to ensure completion of the environmental 3 view and environmental 4 in a timely, coordinated, 5 responsible manner. 6 "(7) COOPERATING AGENCY COMMENTS.- 7 8 "(A) re- decisiomnaking process and environmentally IN GENERAL.-In providing com- ments on a project, a cooperating agency- 9 "(i) shall not provide comments on a 10 subject matter that does not relate to the 11 expertise and authority 12 agency; and 13 of the cooperating "(ii) shall identify in the comments of 14 the cooperating agency the legal authority 15 of the cooperating 16 subject matter of the comments. 17 "(B) LEAD AGENCY.-A lead agency shall 18 not carry out any action in response to, or in- 19 clude in any document prepared under the Na- 20 tional Environmental 21 U.S.C. 4321 et seq.), any comment submitted 22 by a cooperating agency that relates to a sub- 23 ject matter outside the eA1)ertise and authority 24 of the cooperating agency. 20 agency relating to the Policy Act of 1969 (42 CEQ050FY18091_000001927 CEQ-18-0173-I-000053 ARP1706:3 S.L.C. 21 1 "(e) INITIATIONOF ENVIRONMENTALREVIEW.-Not 2 later than 45 days after the date on which a lead agency 3 receives an application for a project from a project spon4 sor, the lead agency shall initiate an environmental review 5 of the project. 6 7 "(f) ALTERNATIVESANALYSIS."(1) PARTICIPATION OF COOPERATING AGEN- 8 CIES.-As 9 mental review, but not later than the period during early as practicable 10 which the preparation 11 statement 12 an opportunity 13 ticipate in determining 14 be considered for a project. 15 16 during the environ- of an environmental impact is required, the lead agency shall provide to the cooperating agencies to par- the range of alternatives to "(2) RANGE OF ALTERNATIVES.- "(A) IN GENERAL.-Subject to subpara- 17 graphs (B) and (C), after the completion of the 18 participation 19 scribed in paragraph 20 determine the range of alternatives 21 eration in the environmental 22 project. 23 "(B) of the cooperating agencies de- ( 1), the lead agency shall for consid- document for the NO EVALUATION OF CERTAIN ALTER- 24 NATIVES.-The head of a Federal agency shall 25 not evaluate an alternative that- 21 CEQ050FY18091_000001927 CEQ-18-0173-I-000054 ARP1706:3 S.L.C. 22 1 2 "(i) was identified in the participation period described in paragraph 3 ( 1); and "(ii)(I) was not accepted by the lead 4 agency under 5 tailed evaluation in an environmental docu- 6 ment; or "(II)(aa) 7 8 subparagraph (A) for de- was evaluated by the lead agency; and '' (bb) was not selected for any envi - 9 10 ronmental 11 National 12 1969 13 project. 14 "(C) document prepared Environmental under Policy Act the of (42 U.S.C. 4321 et seq.) for the ONLY FEASIBLE ALTERNATIVES 15 EVALUATED.-In the case of a project that is 16 constructed, managed, funded, or carried out by 17 a project sponsor that is not a Federal agency, 18 the head of a Federal agency shall only evaluate 19 an alternative that, consistent with the purpose 20 of, and the need for, the project- 21 22 23 "(i) the project sponsor may feasibly cany out; and "(ii) is technically and economically 24 feasible, as determined by the head of the 25 Federal agency. 22 CEQ050FY18091_000001927 CEQ-18-0173-I-000055 ARP1706:3 S.L.C. 23 1 2 "(3) METHODOLOGIES."(A) IN GENERAL.-With respect to an al- 3 ternative for a project, the lead agency shall, in 4 collaboration 5 appropriate 6 view for the project, determine- with cooperating agencies at an time during the environmental re- 7 "(i) the methodologies to be used; and 8 "(ii) the level of detail required 9 10 for the analysis. "(B) DESCRIPTION REQUIRED.-The lead 11 agency shall include in the environmental docu- 12 ment for the project a description of- 13 14 15 "(i) the methodologies used m pre- paring the environmental document; and "(ii) how the methodologies were se- 16 lected. 17 "(C) NO EVALUATION OF INAPPROPRIATE 18 ALTERNATIVES.-In 19 mental document, a lead agency may omit from 20 the environmental 21 tion of an alternative 22 agency not to meet the purpose of, and need 23 for, the project. 24 "(4) EMPLOYMENTANALYSIS.-The evaluation 25 of each alternative preparmg an document a detailed evaluadetermined in an environmental 23 environ- by the lead document CEQ050FY18091_000001927 CEQ-18-0173-I-000056 ARP1706:3 S.L.C. 24 1 shall identify the potential effects of the alternative 2 on employment, including- 3 4 5 6 7 " (A) potential short-term and long-term employment increases and reductions; and "(B) shifts in employment. "(g) COORDINATION PLAN AND SCHEDULING.- "(1) IN GENERAL.-To facilitate the e2q)edi- 8 tious resolution of an environmental review, the lead 9 agency shall establish and implement a coordination 10 plan for public and agency participation 11 comment on, the environmental 12 or category of projects. 13 14 in, and review for a project "(2) SCHEDULE.- "(A) IN GENERAL.-In developing the co- 15 ordination plan described in paragraph 16 lead agency shall consult with each cooperating 17 agency and the project 18 schedule 19 mental review that- 20 of the environ- " (i) considers factors such as" (I) the responsibilities of the co- 22 operating 23 law? 25 sponsor to develop a for the completion 21 24 (1), the agencies under applicable ' "(II) the resources available to the cooperating agencies; 24 CEQ050FY18091_000001927 CEQ-18-0173-I-000057 ARP1706:3 S.L.C. 25 1 "(III) 2 the overall size and com- plexity of the project; 3 "(IV) 4 the overall schedule for and cost of the project; 5 "(V) the sensitivity of the natural 6 and historical 7 affected by the project; and 8 resources that may be "(VI) the extent to which similar projects in geographical 9 proximity to 10 the project were recently 11 environmental 12 procedures; and 13 "(ii) includes the deadlines, consistent subject to review or similar State 14 with subsection 15 Federal law relating to the project, includ- 16 ing decisions on the issuance or denial of 17 a permit or license. 18 "(B) 19 20 COMPLIANCE (h), for decisions under W1TH SCHEDULE.- " (i) IN GENERAL.-Each cooperating agency shall comply with- 21 " (I) the deadlines established 22 the schedule under subparagraph 23 and 25 in (A); CEQ050FY18091_000001927 CEQ-18-0173-I-000058 ARP1706:3 S.L.C. 26 1 "(II) m the case of a modifica- 2 tion to the schedule under paragraph 3 (4), any modified deadline. 4 "(ii) EFFECT OF NONCOMPLIANCE.- 5 The lead agency shall disregard, and shall 6 not respond to or include in any environ- 7 mental document prepared under the Na- 8 tional Environmental 9 (42 U.S.C. 4321 et seq.), any comment or 10 information submitted or any finding made 11 by a cooperating agency that is not in ac- 12 cordance with the deadline established 13 the schedule under subparagraph 14 modified deadline under paragraph 15 Policy Act of 1969 in (A) or a (4). "(iii) FAILURE TO OB,JECT.-If a co- 16 operating agency fails to object in writing 17 to a lead agency decision, finding, or re- 18 quest for concurrence 19 the deadline established 20 the lead agency, the cooperating 21 shall be considered to have concurred 22 the decision, finding, or request. 23 in accordance with under law or by agency m "(3) CONSISTENCY vV1TI-I OTHER DEADLINES.- 24 A schedule under paragraph 25 with any other relevant deadline under Federal law. 26 (2) shall be consistent CEQ050FY18091_000001927 CEQ-18-0173-I-000059 ARP1706:3 S.L.C. 27 1 "(4) MODIFICATIONOF SCHEDULE.-With 2 spect to a schedule under paragraph 3 agency may- 4 5 (2), the lead "(A) extend the schedule for good cause; "(B) shorten the schedule only with the and 6 7 concurrence of each cooperating agency. 8 "(5) 9 schedule 10 re- DISSEMINATION.-With under paragraph (2), respect the to lead a agency shall- 11 "(A) not later than 15 days after the date 12 of completion or modification of schedule, pro- 13 vide a copy of the schedule and any modifica- 14 tion to each cooperating agency and the prqject 15 sponsor; and 16 "(B) make a copy of the schedule available 17 to the public. 18 "(6) ROLE AND RESPONSIBILITY OF LEAD 19 AGENCY.-With respect to the environmental 20 for a project, the lead agency may take such actions 21 as are necessaiy, 22 agency, to facilitate the eA1Jeditious resolution of the 23 enviromnental review for the project. 24 "(h) DEADLINES.- within the authority 27 review of the lead CEQ050FY18091_000001927 CEQ-18-0173-I-000060 ARP1706:3 S.L.C. 28 1 "(1) IN GENERAL.-The deacliines described in 2 this subsection shall apply to any prqject subject to 3 review under the National Environmental 4 of 1969 (42 U.S.C. 4321 et seq.) and any decision 5 under Federal law relating to the project, including 6 the issuance or denial of a permit or license or any 7 required finding. 8 9 10 11 Policy Act "(2) ENVIRONMENTALREVIEWS."(A) ENVIRONMENTAL IMPACT STATE- MENT PRO,JECTS.-The lead agency shall" (i) for a project that requires an en- 12 vironmental 13 eral law (including regulations), issue the 14 environmental not later 15 than 2 years after the earlier of- impact statement under Fed- impact statement 16 " (I) the date on which the lead 17 agency receives an application for the 18 project from a project sponsor; and 19 '' (II) the date on which a notice 20 of intent to prepare an environmental 21 impact statement 22 Federal Register; and 23 "(ii) for a project for which the lead is published in the 24 agency prepared 25 ment, and determined pursuant 28 an environmental assess- to that en- CEQ050FY18091_000001927 CEQ-18-0173-I-000061 ARP1706:3 S.L.C. 29 1 vironmental 2 mental impact statement 3 the environmental 4 later than 2 years after the date of publi- 5 cation of the notice of intent to prepare an 6 environmental 7 Federal Register. 8 "(B) 9 assessment that is required, issue impact impact statement statement ENVIRONMENTAL PRO,JECTS.-For an environ- not in the ASSESSMENT a project that requires an en- 10 vironmental 11 issue a finding of no significant impact or pub- 12 lish a notice of intent to prepare 13 mental impact statement 14 ister not later than 15 of- 16 17 assessment, the lead agency shall an environ- in the Federal Reg- 1 year after the earliest "(i) the date on which the lead agency receives the project initiation request; 18 "(ii) the date on which the lead agen- 19 cy makes a decision to prepare an environ- 20 mental assessment; and 21 "(iii) the date on which the lead agen- 22 cy sends out cooperating 23 tions. 24 " (C) EXTENSIONS.- 29 agency invita- CEQ050FY18091_000001927 CEQ-18-0173-I-000062 ARP1706:3 S.L.C. 30 1 "(i) REQUIREMENTS.-The lead agen- 2 cy may extend a deadline under subpara- 3 graph (A) or (B) only- 4 " (I) if the lead agency, project 5 sponsor, and each cooperating agency 6 agree on a different deadline; or 7 '' (II) for good cause. 8 "(ii) LIMITATION.-The lead agency shall not extend a deadline under subpara- 9 10 graph (A) or (B )- 11 " (I) in the case of a project that 12 reqmres 13 statement, an environmental impact by more than 1 year; and 14 "(II) in the case of a project that 15 requires an environmental assessment, 16 by more than 180 days. 17 "(3) ENVIRONMENTAL REv1EW COMMENTS.- 18 The lead agency shall establish 19 mental 20 than 30 days after the date on which the environ- 21 mental 22 less- 23 document document for each environ- a comment period of not more is made publicly available, un- "(A) the lead agency, project sponsor, and 24 each cooperating 25 deadline; or 30 agency agree on a different CEQ050FY18091_000001927 CEQ-18-0173-I-000063 ARP1706:3 S.L.C. 31 1 "(B) the lead agency extends the deacliine 2 for good cause. 3 "(4) DECISIONS PRIOR TO RECORD OF DECI- 4 SION 5 Notwithstanding 6 case of a project for which a Federal agency is re- 7 quired to approve or otherwise to take an action re- 8 lating to a permit, license, or other similar applica- 9 tion before the lead agency may issue a record of de- 10 cision or finding of no significant impact, the head 11 of the Federal agency shall approve or take the ap- 12 plicable action not later than the earlier of- OR FINDING 13 14 OF NO SIGNIFICANT IMPACT.- any other provision of law, in the "(A) the end of the 90-day period begin- ning on the date on which- 15 "(i) all other relevant Federal agency 16 reviews relating 17 plete; and to the project are com- 18 "(ii) the lead agency publishes a no- 19 tice of the availability of the final environ- 20 mental 21 other final environmental documents; and 22 "(B) the date that is otherwise required by 23 law. 24 " (5) OTHER impact statement or issuance of DECISIONS.- 31 CEQ050FY18091_000001927 CEQ-18-0173-I-000064 ARP1706:3 S.L.C. 32 1 "(A) IN GENERAL.-Except as provided in 2 subparagraph 3 or other action of a Federal agency relating to 4 a project that is not subject to paragraph 5 each Federal agency shall approve or otherwise 6 take an action not later than the end of the 7 180-period beginning on the date on which- 8 9 (B), with respect to any approval (4), "(i) all other relevant agency reviews relating to the project are complete; and 10 "(ii) the lead agency issues a record 11 of decision or finding of no significant im- 12 pact. 13 "(B) EXTENSION.- 14 "(i) IN GENERAL.-The head of a 15 Federal 16 referred to in subparagraph 17 cause if the head of the Federal 18 the lead agency, and the project sponsor 19 agree to extend the deadline. 20 "(ii) agency may extend the deadline LIMITATION.-The (A) for good agency, head of a 21 Federal agency shall not eJ.."tenda deadline 22 under clause (i) for a period longer than 1 23 year after the date on which the lead agen- 24 cy issues the record of decision or finding 25 of no significant impact. 32 CEQ050FY18091_000001927 CEQ-18-0173-I-000065 ARP1706:3 S.L.C. 33 1 "(6) EFFECT OF NONCOMPLIANCE.- 2 "(A) IN GENERAL.-A permit, license, or 3 other similar application 4 to a project that requires the approval or other 5 action by a Federal agency shall be considered 6 to be approved by the Federal 7 head of the Federal agency fails to approve or 8 otherwise take an action relating to the permit, 9 license, or other similar application by the dead- 10 for approval relating line described in paragraph 11 "(B) DEADLINE agency if the (4) or ( 5). FOR COMPLIANCE.-The 12 head of the Federal agency shall act in accord- 13 ance with the approval under subparagraph 14 not later than 30 days after the date of the ap- 15 plicable deadline described in paragraph 16 (5 ). 17 18 (A) (4) or "(C) FINAL AGENCY ACTION.- "(i) IN GENERAL.-An approval under 19 subparagraph 20 a final agency action, which may not be re- 21 versed by any agency. 22 (A) shall be considered to be ''(ii) REVIEW.-In any action under 23 chapter 7 that seeks review of a final agen- 24 cy action under clause (i), a court may not 33 CEQ050FY18091_000001927 CEQ-18-0173-I-000066 ARP1706:3 S.L.C. 34 1 set aside the action based on the action 2 having been made final under that clause. 3 4 "(i) ISSUE IDENTIFICATION AND RESOLUTION.- "(1) COOPERATION.-The lead agency and the 5 cooperating 6 this subsection to identify and resolve any issue that 7 may delay the completion of an environmental review 8 or result in the denial of an approval required for 9 the project under applicable law. 10 "(2) agencies shall work in accordance with LEAD AGENCY RESPONSIBILITIES.-As 11 early as practicable during the environmental review 12 process, the lead agency shall make available infor- 13 mation (including information based on existing data 14 sources, including geographic information 15 relating 16 economic resources located in the project area and 17 the general location of any alternative under consid- 18 eration. to the environmental, historic, systems) and socio- 19 "(3) 20 ITIES.-Based 21 agency, a cooperating agency shall identify, as early 22 as practicable, 23 potential environmental, 24 impact of a prqject, including any issue that may 25 substantially COOPERATING AGENCY RESPONSIBILon information received from the lead any issue of concern relating to the historical, or socioeconomic delay or prevent an agency from grant- 34 CEQ050FY18091_000001927 CEQ-18-0173-I-000067 ARP1706:3 S.L.C. 35 1 mg a permit 2 project. 3 4 or other approval required for the "(4) ISSUE RESOLUTION.- "(A) MEETING OF COOPERATING AGEN- 5 CIES.-To 6 completion of an environmental review or result 7 in the denial of an approval 8 prqject under applicable law, the lead agency 9 shall promptly convene a meeting with the rel- 10 evant cooperating agency and the project spon- 11 sor on request by a project sponsor at any time. 12 "(B) NOTICE THAT RESOLUTION CANNOT 13 BE ACHIEVED.-If a resolution to an issue iden- 14 tified under paragraph 15 by a date that is not later than 30 days after 16 the date on which a meeting is convened under 17 subparagraph 18 mines that all information 19 the issue has been obtained, 20 shall- 21 resolve any issue that may delay the required for a ( 1) cannot be achieved (A) and the lead agency deter- necessary to resolve the lead agency "(i) notify- 22 "(I) each cooperating agency; 23 "(II) the project sponsor; and 24 "(III) 25 the Council on Environ- mental Quality established by section 35 CEQ050FY18091_000001927 CEQ-18-0173-I-000068 ARP1706:3 S.L.C. 36 1 202 of the National 2 Policy Act of 1969 (42 U.S.C. 4342) 3 for further proceedings in accordance 4 with 5 U.S.C. 4344); and 6 "(ii) publish in the Federal Register a 7 notice relating to the failure to achieve a 8 resolution. 9 "(j) MERGING DOCUMENTS.- 10 section 204 Environmental of that "(1) IN GENERAL.-Notwithstanding Act (42 any other 11 provis10n of law, except as provided in paragraph 12 (2), the lead agency of a project shall e}q)editiously 13 develop a single document that consists of- 14 15 16 17 "(A) a final environmental impact state- ment relating to the project; "(B) each record of decision relating to the praject; and 18 "(C) the final decision of the Secretary of 19 the Army with respect to the environmental re- 20 view carried 21 through the Chief of Engineers, 22 application for a permit for the project under 23 section 24 Control Act (33 U.S.C. 1344). out by the 404 of the Federal 36 Secretary, acting relating to an Water Pollution CEQ050FY18091_000001927 CEQ-18-0173-I-000069 ARP1706:3 S.L.C. 37 1 2 "(2) EXCEPTIONS.-Paragraph (1) shall not apply in any case in which- 3 "(A) the final enviromnental impact state- 4 ment relating to the project makes a substantial 5 change relating to an environmental 6 concern to a proposed action under the project; 7 or 8 "(B) 9 cumstance there exists a significant or information or safety new cir- relating to an envi- 10 ronmental concern that affects such a proposed 11 action or the impacts of the proposed action. 12 13 "(k) LIMITATIONS ON CLAIMS.- "(1) FINAL AGENCY ACTIONS.- 14 "(A) IN GENERAL.-The deadline for filing 15 a claim for judicial review of a final agency ac- 16 tion is the date that is 180 days after the date 17 of publication 18 ister announcing the record of decision for the 19 action. of a notice in the Federal Reg- 20 "(B) NEW INFORMATION.-A claim chal- 21 lenging a final agency action on the basis of in- 22 formation contained in a supplemental 23 mental impact statement 24 challenge on the basis of that information. 37 environ- shall be limited to a CEQ050FY18091_000001927 CEQ-18-0173-I-000070 ARP1706:3 S.L.C. 38 1 "(2) RULE OF CONSTRUCTION.-Nothing m 2 this subsection creates a right to judicial review or 3 places any limit on filing a claim that a person has 4 violated the terms of a permit, license, or approval 5 issued by a Federal agency for an action subject to 6 the National Environmental 7 U.S.C. 4321 et seq.). 8 "(l) Policy Act of 1969 (42 CATEGORIES OF PROJECTS.-The authority 9 granted under this subchapter may be exercised for an sin- 10 gle project or a category of projects. 11 12 "(m) EFFECTIVE DATE."(1) IN GENERAL.-This subchapter applies 13 only to an environmental 14 decisionmaking process initiated after the date of en- 15 actment of this subchapter. 16 17 review or environmental "(2) APPLICABILITYOF DEADLINES.- "(A) IN GENERAL.-Except 18 subparagraph 19 which 20 mental decisionmaking 21 fore the date of enactment 22 subsection (h) shall apply. 23 an "(B) as provided in (B), in the case of a project for environmental review or environ- process is initiated beof this subchapter, EXCEPTION.-Notwithstanding any 24 other provision of this section, in determining a 25 deadline under subsection 38 (h), any applicable CEQ050FY18091_000001927 CEQ-18-0173-I-000071 S.L.C. ARP1706:3 39 1 period of time shall be calculated as beginning 2 on the date of enactment of this subchapter. 3 "(n) APPLICABILITY.-Except 4 section (o), this subchapter as provided in sub- applies to each project for 5 which a Federal agency is required to carry out an envi6 ronmental review or environmental decisionmaking proc- 7 ess. 8 "(o) SAVINGSCLAUSE.-Nothing in this section su- 9 persedes, amends, or modifies sections 134, 135, 139, 325, 10 326, and 327 of title 23, sections 5303 and 5304 of title 11 49, or subtitle C of title I of division A of the Moving 12 Ahead for Progress in the 21st Century Act (Public Law 13 112-141; 126 Stat. 527) and the amendments made by 14 that subtitle.". 15 (b) TECHNICALAMENDMENT.-The table of sections 16 for chapter 5 of title 5, United States Code, is amended 17 by inserting after the item relating to section 559 the fol- 18 lowing: "SllBCHAPTER IL\-INTERAGENCY COORDINATION RELATING TO PERMITTING "560. National Environmental Polic~' Act of 1969 reform.". 19 (c) REGULATIONS.- 2O (1) COUNCIL ON ENVIRONMENTALQUALITY.- 21 Not later than 180 days after the date of enactment 22 of this Act, the Council on Environmental 23 established by section 202 of the National Environ- 24 mental Policy Act of 1969 (42 U.S.C. 4342) shall- 39 Quality CEQ050FY18091_000001927 CEQ-18-0173-I-000072 ARP1706:3 S.L.C. 40 1 (A) amend the regulations contained in 2 chapter V of title 40, Code of Federal Regula- 3 tions (or successor regulations), to implement 4 this section and the amendments made by this 5 section; and 6 (B) by rule, designate each State with laws 7 and procedures 8 section 560( c)(2)(A) of title 5, United States 9 Code (as added by subsection (a)). 10 that satisfy the criteria under (2) FEDERAL AGENCIES.-Not later than 120 11 days after the date on which the Council on Envi- 12 ronmental Quality amends the regulations described 13 in paragraph 14 cy that has promulgated 15 the National Environmental 16 U.S.C. 4321 et seq.) shall amend the regulations to 17 implement this section and the amendments made by 18 this section. 19 (d) LIMITATIONSON CLAIMS UNDER FAST ACT.- 2O Section 41007(a) (l)(A), the head of each Federal agenregulations implementing Policy Act of 1969 (42 of the FAST Act (42 U.S.C. 4370m- 21 6(a)) is amended22 23 (1) in paragraph (l)(A), by striking "2 years" and inserting "180 days"; and 24 (2) in paragraph 25 and inserting "180 days". 40 (2)(B), by striking "2 years" CEQ050FY18091_000001927 CEQ-18-0173-I-000073 ARP1706:3 S.L.C. 41 1 SEC. 103. DESIGNATION OF CATEGORICAL EXCLUSIONS 2 FOR EMERGENCY 3 TURALLY DEFICIENT INFRASTRUCTURE. 4 (a) IN GENERAL.-Not PROJECTS AND STRUC- later than 180 days after the 5 date of enactment of this Act, the Secretary of Transpor6 tation shall7 (1) consult with the Administrator 8 eral Emergency 9 retary of the Army to identify communities that are 10 Management of the Fed- imminently threatened 11 (2) designate Agency and the Sec- from flooding or erosion; and as an action categorically ex- 12 eluded from the requirements 13 mental assessments 14 ments for purposes of section 771.117(c) of title 23, 15 Code of Federal 16 tions), and section 1508.4 of title 40, Code of Fed- 17 eral 18 project- 19 Regulations or enviromnental Regulations to environimpact state- (or successor regula- (or successor regulations), any (A) that is critical to the immediate safety 20 of a threatened 21 paragraph 22 relating community identified under repair, recon- (1); or (B) for the maintenance, 23 struction, restoration, 24 ment of an existing road, highway, bridge, tun- 25 nel, or other transit facility (such as a ferry 26 dock or bus transfer station), 41 retrofitting, or replace- including ancil- CEQ050FY18091_000001927 CEQ-18-0173-I-000074 ARP1706:3 S.L.C. 42 1 lary transportation 2 and bicycle paths and bike lanes), if the project 3 is to be completed in the same location, and 4 with the same preexisting design, as the exist- 5 ing structure. 6 facilities (such as pedestrian (b) REGULATIONS.-The Secretary of Transportation 7 shall promulgate such regulations as are necessary to 8 carry out subsection (a) by not later than 150 days after 9 the date of enactment of this Act. 10 SEC. 104. CATEGORICAL EXCLUSION FOR PROJECTS 11 12 OF LIMITED FEDERAL ASSISTANCE. Section 1317(1) of the MAP-21 (126 Stat. 550; 129 13 Stat. 1402; 23 U.S.C. 109 note) is amended14 15 16 17 18 19 (1) m subparagraph (A), by striking "$5,000,000" and inserting "$10,000,000"; and (2) in subparagraph (B), by striking "15 per- cent" and inserting "16 percent". SEC. 105. SIMPLIFYING ENVIRONMENTAL DOCUMENTS. (a) STATEMENTOF POLICY.-It is the policy of the 20 United States that the purpose of requiring an environ21 mental document relating to a project is only to ensure 22 that the process of considering the effects of the project 23 takes place before the occurrence of any significant Fed24 eral action to carry out the project. 25 (b) PAGE LIMITS.- 42 CEQ050FY18091_000001927 CEQ-18-0173-I-000075 ARP1706:3 S.L.C. 43 1 (1) IN GENERAL.-To facilitate 2 parency and understanding 3 mentation, an environmental document- 4 public trans- of environmental docu- (A) shall- 5 (i) be sufficient to provide a reason- 6 able consideration of the potential environ- 7 mental effects and alternatives 8 posed project; and 9 of a pro- (ii) reflect a thorough examination of 10 the potential impacts of the project; but 11 (B) shall not exceed 300 pages without 12 substantial justification. 13 (2) NOTICE AND COMMENT REQUIREMENTS.- (A) IN GENERAL.-An agency may exceed 14 15 the 300-page limit under paragraph 16 the agency provides to proponents of the appli- 17 cable project a notice, and a period of not less 18 than 30 days for comment, regarding the pro- 19 posed exceedance. 20 (l)(B) if (B) ELIGIBILITY TO COMMENT.-The op- 21 portunity to comment under subparagraph 22 shall not be provided to any individual or entity 23 other 24 prqject. than a proponent 43 of the (A) applicable CEQ050FY18091_000001927 CEQ-18-0173-I-000076 ARP1706:3 S.L.C. 44 1 2 SEC. 106. PERMITTEE BILL OF RIGHTS. (a) STATEMENTOF POLICY.-It is the policy of the 3 United States4 ( 1) to use natural resources in a responsible 5 mam1er to maximize value and utility, while pro- 6 tecting public health and welfare; and 7 (2) that, therefore, in implementing a Federal 8 permitting law, a Federal agency should, to the max- 9 imum eJ..'tent practicable, seek to issue permit deci- 10 sions favorably. 11 (b) DEFINITION OF FEDERAL PERMITTING LAW.- 12 In this section: 13 (1) IN GENERAL.-The term "Federal permit- 14 ting law'' means any provision of Federal law pursu - 15 ant to which a Federal agency may issue a permit. 16 17 18 19 (2) INCLUSIONS.-The term "Federal permit- ting law'' includes(A) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); 20 (B) the Endangered 21 (16 U.S.C. 1531 et seq.); Species Act of 1973 22 (C) the Surface Mining Control and Rec- 23 lamation Act of 1977 (30 U.S.C. 1201 et seq.); 24 25 (D) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); 44 CEQ050FY18091_000001927 CEQ-18-0173-I-000077 ARP1706:3 S.L.C. 45 1 2 3 4 5 6 7 8 9 10 11 (E) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (F) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); (G) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (H) the Clean Air Act (42 U.S.C. 7401 et seq.); and (I) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (c) APPLICANT AND PERMITTEE RIGI-ITS.-In any 12 communication between a permittee or an applicant for 13 a permit and a Federal agency relating to a determination 14 of the agency pursuant to a Federal permitting law, the 15 following shall apply: 16 17 (1) Any decision relating to the applicable permit or application shall be issued- 18 (A) within the applicable deadline; or 19 (B) at such other reasonable time as may 20 be agreed to by the permittee or applicant and 21 the Federal agency. 22 (2) Each permittee 23 and permit applicant shall have the right- 45 CEQ050FY18091_000001927 CEQ-18-0173-I-000078 ARP1706:3 S.L.C. 46 1 (A) to assistance 2 seeking from the Federal 3 regarding the regulatory and permit process; 4 and prompt response 1n agency information (B) to request and receive- 5 (i) a clear projected schedule of fees 6 for the review and completion of the permit 7 process; and 8 (ii) a clear, concise statement reasoning for a determination 9 of the by the agen- 10 cy to reject a permit application; 11 (C) to know the exact deficiencies in a re- 12 jected application; and 13 (D) to a transparent and unbiased decision 14 based on the submitted application and applica- 15 ble Federal permitting 16 quirements. law and regulatory re- 17 SEC. 107. POLICY REVIEW UNDER CLEAN AIR ACT. 18 Section 309(a) of the Clean Air Act (42 U.S.C. 19 7609(a)) is amended20 21 22 23 24 25 (1) in the second sentence, by striking "Such written comment" and inserting the following: "(2) PUBLICATION.-A paragraph written comment under (1)"; (2) by striking " (a) The Administrator" and in- serting the following: 46 CEQ050FY18091_000001927 CEQ-18-0173-I-000079 ARP1706:3 S.L.C. 47 1 2 3 4 "(a) REVIEW AND COMMENT.- "(l) IN GENERAL.-Subject (3), the Administrator"; (3) in paragraph (1) (as so designated)- (A) by striking 5 "Administrator, 6 m any (1) legislation" 7 lowing: "Administrator 8 "(A) legislation"; 9 (B) by striking 10 to paragraph contained and inserting the fol- contained in any- "agency, (2) newly" and inserting the following: "agency; 11 "(B) newly"; and 12 (C) by striking 13 plies, and (3) proposed" 14 lowing: ''the National Environmental 15 of 1969 (42 U.S.C. 4332(2)(C)) 16 "(C) proposed"; and "Public Law 91-190 apand inserting the folPolicy Act applies; and 17 (4) by adding at the end the following: 18 "(3) EXCEPTIONS.-The Administrator shall 19 not conduct a review or provide comment under this 20 subsection regarding any legislation, project, or pro- 21 posed regulation 22 carried out pursuant to, or proposes to amend- 23 24 described in paragraph (1) that 1s "(A) the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); 47 CEQ050FY18091_000001927 CEQ-18-0173-I-000080 ARP1706:3 S.L.C. 48 1 2 "(B) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); 3 "(C) the Nonindigenous Aquatic Nuisance 4 Prevention and Control Act of 1990 (16 U.S.C. 5 4 701 et seq.); 6 "(D) the Endangered 7 (16 U.S.C. 1531 et seq.); 8 Species Act of 1973 "(E) the Federal Water Pollution Control 9 Act (33 U.S.C. 1251 et seq.); 10 " (F) the Safe Drinking 11 12 13 14 U.S.C. 300f et seq.); '' (G) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); ''(H) the Comprehensive 15 Response, Compensation, 16 1980 (42 U.S.C. 9601 et seq.); 17 18 19 20 21 Water Act (42 Environmental and Liability Act of "(I) the Energy Independence and Secu- rity Act of 2007 (42 U.S.C. 17001 et seq.); " (J) the Outer Continental Shelf Lands Act (43 U.S. C. 13 31 et seq.); or "(K) the Federal Land Policy and Man- 22 agement 23 seq ...) " Act of 1976 48 (43 U.S.C. 1701 et CEQ050FY18091_000001927 CEQ-18-0173-I-000081 ARP1706:3 S.L.C. 49 1 TITLE II-JUDICIAL 2 SEC. 3 4 5 201. DEADLINE FOR PROVISIONS FILING ENERGY-RELATED CAUSES OF ACTION. (a) DEFINITIONS.-In this section: (1) AGENCY ACTION.-The term " agency ac- 6 tion" has the meaning given the term in section 551 7 of title 5, United States Code. 8 (2) ENERGY-RELATED 9 10 11 12 term "energy-related CAUSE OF ACTION.-The cause of action" means a cause of action that- (A) is filed on or after the date of enactment of this Act; and 13 (B) seeks judicial review of a final agency 14 action to issue a permit, license, or other form 15 of agency permission allowing- 16 (i) an individual or entity to conduct 17 on Indian land or public land activities in- 18 volving the eJq)loration, development, pro- 19 duction, or transportation 20 shale gas, oil shale, geothermal resources, 21 wind or solar resources, underground 22 gasification, biomass, or the generation 23 electricity; or 24 25 of oil, gas, coal, coal of (ii) an Indian tribe, or any orgamzation of 2 or more entities 49 at least 1 of CEQ050FY18091_000001927 CEQ-18-0173-I-000082 ARP1706:3 S.L.C. 50 1 which is an Indian tribe, to conduct activi- 2 ties involving the exploration, development, 3 production, 4 coal, shale gas, oil shale, geothermal 5 sources, wind or solar resources, under- 6 ground coal gasification, biomass, or the 7 generation of electricity, regardless of the 8 location at which those activities are car- 9 ried out. 10 (3) INDIAN LAND.- 11 (A) IN or transportation GENERAL.-The of oil, gas, term re- ''Indian 12 land" has the meaning given the term in sec- 13 tion 2601 of the Energy Policy Act of 1992 (25 14 U.S.C. 3501). 15 (B) INCLUSION.-The term "Indian land" 16 includes land owned by a Native Corporation 17 under the Alaska Native Claims Settlement Act 18 (43 U.S.C. 1601 et seq.). 19 (4) PUBLIC LAND.-The term "public land" 20 has the meanmg given the term "public lands" 21 the section 103 of the Federal 22 Management Act of 1976 (43 U.S.C. 1702). 23 (b) DEADLINE FOR FILING.- 24 25 (1) IN GENERAL.-An Land energy-related in Policy and cause of action shall be filed by not later than 60 days after 50 CEQ050FY18091_000001927 CEQ-18-0173-I-000083 ARP1706:3 S.L.C. 51 1 the date of publication of the applicable final agency 2 action. 3 (2) PR0HIBITI0N.-An energy-related cause of 4 action that is not filed within the time period de- 5 scribed in paragraph 6 (c) DISTRICT ( 1) shall be barred. COURT VENUE AND DEADLINE.-An 7 energy-related cause of action shall be8 9 10 (1) brought in the United States District Court for the District of Columbia Circuit; and (2) resolved- 11 (A) as e2q)editiously as practicable; and 12 (B) in any event, not later than the date 13 that is 180 days after the date on which the en- 14 ergy-related cause of action is filed. 15 16 (d) APPELLATE REVIEW.(1) IN GENERAL.-An interlocutory order or 17 final judgment, 18 in an energy-related cause of action may be reviewed 19 by the United States Court of Appeals for the Dis- 20 trict of Columbia Circuit. 21 decree, or order of the district court (2) REQUIREMENT.-The United States Court 22 of Appeals for the District of Columbia shall resolve 23 an appeal of an energy-related cause of action- 24 (A) as e2q)editiously as practicable; and 51 CEQ050FY18091_000001927 CEQ-18-0173-I-000084 ARP1706:3 S.L.C. 52 1 (B) in any event, not later than the date 2 that is 180 days after the date on which the ap- 3 plicable interlocutory 4 decree, or order of the district court was issued. 5 order or final judgment, (e) LIMITATIONON CERTAIN PAYMENTS.-Notwith- 6 standing section 1304 of title 31, United States Code, no 7 award may be made under section 504 of title 5, United 8 States Code, or section 2412 of title 28, United States 9 Code, and no amounts may be obligated or eJq)ended from 10 the Claims and Judgment Fund of the Treasury to pay 11 any fees or other eJq)enses under those sections, to any 12 person or party in an energy-related cause of action. 13 14 15 16 (f) LEGAL FEES.(1) DEFINITION OF ULTIMATELYPREVAIL.-ln this subsection: (A) IN GENERAL.-The term "ultimately 17 prevail'' means a final, enforceable judgment by 18 a court of competent jurisdiction in favor of a 19 party on at least 1 energy-related cause of ac- 20 tion that is an underlying rationale for the pre- 21 liminary 22 other relief requested by the party. 23 (B) injunction, administrative EXCLUSION.-The term stay, or "ultimately 24 prevail" does not include any situation in which 25 the relevant final agency action is modified or 52 CEQ050FY18091_000001927 CEQ-18-0173-I-000085 ARP1706:3 S.L.C. 53 1 amended 2 modification 3 ant to- 4 5 8 or amendment the is required pursu- (i) a final, enforceable judgment of the court; or (ii) a court-ordered consent decree. 6 7 by the 1ssumg agency, unless (2) AWARD.- (A) IN GENERAL.-In any energy-related 9 cause of action in which the plaintiff does not 10 ultimately prevail, the court shall award to the 11 defendant 12 ants), other than the United States, fees and 13 other eJ..l)enses incurred by that defendant 14 connection with the energy-related 15 tion, unless the court finds that- 16 (including any intervenor-defend- cause of ac- (i) the position of the plaintiff 17 substantially justified, 18 subparagraph (B); or 19 an award m1just. 21 (B) SUBSTANTIALLY was in accordance with (ii) special circumstances 20 in make such ,JUSTIFIED DETER- 22 MINATION.-Whether the position of the plain- 23 tiff was substantially justified 24 subparagraph 25 basis of the administrative for purposes of (A)(i) shall be determined on the 53 record, as a whole, CEQ050FY18091_000001927 CEQ-18-0173-I-000086 ARP1706:3 S.L.C. 54 1 relating 2 for which fees and other e_:iq)ensesare sought. 3 4 5 to the energy-related SEC. 202. LIMITING SUE AND SETTLE PRACTICES. (a) DEFINITIONS.-In (1) "agency" 7 given those terms 8 United States Code. 10 this section: AGENCY; AGENCY ACTION.-The 6 9 cause of action terms and "agency action" have the meanings under section 551 of title (2) COVERED CIVIL ACTION.-The 5, term "cov- ered civil action" means a civil action- 11 (A) seeking to compel agency action; 12 (B) alleging that the agency is unlawfully 13 withholding or unreasonably 14 action relating to a regulatory action that would 15 affect the rights of- 16 17 18 (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal 19 ment; and 20 (C) brought under- 21 22 23 24 delaying an agency govern- (i) chapter 7 of title 5, United States Code? or ' (ii) any other statute authorizing such an action. 54 CEQ050FY18091_000001927 CEQ-18-0173-I-000087 ARP1706:3 S.L.C. 55 1 2 (3) (A) a consent decree entered into in a cov- ered civil action; and (B) any other consent decree that requires 5 6 agency action relating 7 that affects the rights of- 8 to a regulatory action (i) private persons other than the per- 9 son bringing the action; or (ii) a State, local, or tribal 10 govern- ment. 11 12 term "covered consent decree" means- 3 4 COVERED CONSENT DECREE.-The ( 4) COVERED CONSENT DECREE OR SETTLE- 13 MENT AGREEMENT.-The term "covered consent de- 14 cree or settlement agreement" 15 sent decree and a covered settlement agreement. 16 17 18 19 20 (5) COVERED means a covered con- SETTLEMENT AG REE ME NT .-The term "covered settlement agreement" means(A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that 21 requires agency action relating to a regulatmy 22 action that affects the rights of- 23 24 (i) private persons other than the person bringing the action; or 55 CEQ050FY18091_000001927 CEQ-18-0173-I-000088 ARP1706:3 S.L.C. 56 1 (ii) a State, local, or tribal 2 3 govern- ment. (b) CONSENT DECREE AND SETTLEMENT RE- 4 FORM.- 5 (1) PLEADINGS AND PRELIMINARY l\IATTERS.- (A) IN GENERAL.-In 6 any covered civil ac- 7 tion, the agency against which the covered civil 8 action is brought shall publish the notice of in- 9 tent to sue and the complaint in a readily ac- 10 cessible manner, including by making the notice 11 of intent to sue and the complaint available in 12 the Federal Register or online not later than 15 13 days after receiving service of the notice of in- 14 tent to sue or complaint, respectively. 15 (B) ENTRY OF A COVEREDCONSENT DE- 16 CREE OR SETTLEMENT AGREEMENT.-A party 17 may not make a motion for entry of a covered 18 consent decree or to dismiss a civil action pur- 19 suant to a covered settlement 20 after the end of proceedings in accordance with 21 subparagraph 22 (2) PUBLICATION 23 ERED CONSENT 24 MENTS.- (A) and paragraph (2)(B)(i). OF AND COMMENT ON COV- DECREES 56 agreement until OR SETTLEMENT AGREE- CEQ050FY18091_000001927 CEQ-18-0173-I-000089 ARP1706:3 S.L.C. 57 1 (A) IN GENERAL.-N ot later than 60 days 2 before the date on which a covered consent de- 3 cree or settlement 4 court, the agency seeking to enter the covered 5 consent decree or settlement 6 publish in the Federal Register and online the 7 proposed covered consent decree or settlement 8 agreement. 9 (B) PUBLIC agreement is filed with a agreement shall COMMENT.- 10 (i) IN GENERAL.-An agency seeking 11 to enter a covered consent decree or settle- 12 ment agreement 13 ment during the period described in sub- 14 paragraph 15 matters alleged in the complaint in the ap- 16 plicable civil action or addressed 17 fected by the proposed covered consent de- 18 cree or settlement agreement. 19 shall accept public com- (A) on any issue relating to the or af- (ii) SUBMISSIONS TO COURT.-When 20 moving that 21 covered consent decree or settlement agree- 22 ment or for dismissal pursuant 23 posed covered consent decree or settlement 24 agreement, 25 court of the statutory the court enter an agency 57 a proposed to a pro- shall inform the basis for the pro- CEQ050FY18091_000001927 CEQ-18-0173-I-000090 ARP1706:3 S.L.C. 58 1 posed covered consent decree or settlement 2 agreement and its terms. 3 (3) REVIEW BY COURT.- 4 (A) IN GENERAL.-A court shall review the 5 statutory basis for the proposed covered consent 6 decree or settlement agreement and its terms de 7 novo. 8 (B) REVIEW OF DEADLINES.- 9 (i) PROPOSED COVERED CONSENT DE- 10 CREES.-For 11 decree, a court shall not approve the cov- 12 ered consent 13 covered consent 14 time and incorporates 15 for the agency to comply with chapter 5 of 16 title 5, U riited States Code, and other ap- 17 plicable statutes 18 and, unless contrary to the public interest, 19 the provisions of any Executive order that 20 governs rulemaking. 21 (ii) a proposed covered consent decree unless the proposed decree allows sufficient adequate procedures that PROPOSED govern rulemaking COVERED SETTLE- 22 MENT AGREEMENTS.-For a proposed cov- 23 ered settlement 24 ensure that the covered settlement agree- 25 ment mcor- agreement, allows sufficient 58 a court shall time and CEQ050FY18091_000001927 CEQ-18-0173-I-000091 ARP1706:3 S.L.C. 59 1 porates adequate procedures for the agency 2 to comply with chapter 5 of title 5, United 3 States Code, and other applicable statutes 4 that 5 trary to the public interest, the provisions 6 of any Executive order that governs rule- 7 making. govern rulemaking and, unless con- s TITLE III-NATURAL 9 10 11 LINE CIENCY SEC. 301. REGULATORY APPROVAL OF NATURAL GAS PIPE- 12 13 GAS PIPEPERMITTING EFFI- LINE PROJECTS. Section 7 of the Natural Gas Act (15 U.S.C. 717f) 14 is amended- 15 16 17 18 (1) in subsection (d)(A) by striking "(cl) Applications for cer- tificates" and inserting the following: "(cl) APPLICATIONREQUIREMENTS.- 19 "(1) IN GENERAL.-An application for a certifi- 20 cate of public convenience and necessity under this 21 . " ; an d sect10n 22 (B) by adding at the end the following: 23 "(2) USE OF AERIAL SURVEYDATATO SATISFY 24 PRELIMINARYREQUIREMENTS.-A natural-gas 25 pany that submits to the Commission an application 59 com- CEQ050FY18091_000001927 CEQ-18-0173-I-000092 ARP1706:3 S.L.C. 60 1 for a certificate of public convemence and necessity 2 under this section to construct an interstate 3 gas pipeline"(A) with respect 4 natural to any preliminary 5 quirement for that certification, 6 survey data to satisfy the preliminary 7 ment; but re- may use aerial require- "(B) with respect to each applicable non- 8 9 preliminary survey requirement for approval of 10 the certification, shall achieve compliance with 11 the requirement through 12 the Commission may require.''; and 13 (2) by adding at the end the following: 14 "(i) 15 PIPELINE 16 REGULATORY APPROVAL such other means as OF NATURAL GAS PRO,JECTS.- "(1) DEFINITION OF PREFILED PRO,JECT.-ln 17 this subsection, the term 'prefiled project' means a 18 project for the siting, construction, expansion, or op- 19 eration 20 which a prefiling docket number has been assigned 21 by the Commission pursuant 22 established by the Commission for the purpose of fa- 23 cilitating the formal application process for obtain- 24 mg a certificate of public convenience and necessity. of a natural gas pipeline with respect 60 to to a prefiling process CEQ050FY18091_000001927 CEQ-18-0173-I-000093 ARP1706:3 S.L.C. 61 1 "(2) DETERMINATION ON APPLICATIONS.-The 2 Commission shall approve or deny an application for 3 a certificate of public convenience and necessity for 4 a prefilecl project by not later than 1 year after the 5 elate of receipt of a completed application 6 ready to be processed, as determined by the Com- 7 mission by regulation. 8 9 that is "(3) OTHER FEDERAL AGENCIES.- "(A) IN GENERAL.-Except as provided in 10 subparagraph 11 partment 12 license, 13 under Federal law in connection with a prefilecl 14 prqject for which a certificate of public conven- 15 1ence and necessity is sought under this Act 16 shall approve or deny the license, permit, 17 other approval by not later than 90 clays after 18 the elate on which the Commission issues a final 19 environmental document relating to the project. 20 21 (B), the head of the Federal cle- or agency responsible for issuing any permit, or other approval required or "(B) EXTENSION.- "(i) IN GENERAL.-The Commission 22 may extend an applicable deadline under 23 subparagraph 24 additional 30 clays, if the head of the af- 61 (A) by not longer than an CEQ050FY18091_000001927 CEQ-18-0173-I-000094 ARP1706:3 S.L.C. 62 1 f ected Federal department 2 onstrates that- 3 or agency dem- " (I) the process of determining 4 whether to approve or deny the appli- 5 cable license, 6 proval cannot be completed by the ap- 7 plicable deadline; and 8 "(II) permit, or other the department ap- or agency therefore will be compelled to deny the 9 10 license, permit, or approval. 11 "(ii) TECHNICAL ASSISTANCE.-ln 12 providing an eJ..'tension under this subpara- 13 graph, the Commission may offer to the af- 14 fected Federal department 15 technical assistance as is necessary to ad- 16 dress any condition preventing the comple- 17 tion of the review of the application for the 18 license, permit, or other approval. 19 '' (C) FAILURE TO ACT .-If or agency such a Federal de- 20 partment 21 (A) fails to approve or deny a license, permit, 22 or other approval by the deadline under sub- 23 paragraph 24 25 or agency described in subparagraph (A) or (B), as applicable"(i) the license, permit, or approval shall take effect on the date that is 30 62 CEQ050FY18091_000001927 CEQ-18-0173-I-000095 ARP1706:3 S.L.C. 63 1 days after the eJq)iration of the deadline; 2 and 3 "(ii) the Commission shall incorporate 4 into the terms of the license, permit, or ap- 5 proval any conditions proffered by the Fed- 6 eral department 7 mission does not determine 8 sistent 9 document.''. with or agency that the Com- any relevant to be inconenvironmental 10 SEC. 302. RIGHTS OF WAY FOR PUBLIC UTILITIES. 11 Section 100902(a)(l)(A) of title 54, United States 12 Code, is amended by striking "and lines for the generation 13 and distribution of electrical power" and inserting "lines 14 for the generation and distribution of electrical power, and 15 natural gas or petroleum product pipelines". 16 17 18 TITLE IV-TRANSPORTATION CONFORMITY REFORM SEC. 401. LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE 19 20 UNDER CLEAN AIR ACT. Section 176 of the Clean Air Act (42 U.S.C. 7506) 21 is amended- 22 23 24 (1) in subsection (c)(l)(A) by striking the undesignated following clause (iii) of subparagraph 63 matter (B); and CEQ050FY18091_000001927 CEQ-18-0173-I-000096 ARP1706:3 S.L.C. 64 1 (B) in the fourth 2 "Conformity 3 means-" 4 5 to sentence, an by striking implementation plan and inserting the following: "(a) DEFINITION OF CONFORM.- "(1) IN GENERAL.-In this section, the term 6 'conform', with respect to the status of an activity, 7 project, program, 8 applicable implementation 9 tivity, project, program, or plan-"; 10 11 12 or plan as determined under an plan, means that the ac- (2) in subsection (a) (as so redesignated)- (A) in paragraph ( 1) (as so redesig- nated)- 13 (i) by striking "(A) conformity 14 and inserting the following: 15 "(A) achieves compliance with"; and 16 to" (ii) by striking "(B) that such activi- 17 ties will'' and inserting the following: 18 "(B) will"; 19 (B) by moving the subsection (as so 20 amended) to appear at the beginning of the sec- 21 tion; and 22 23 (C) by adding at the end the following: "(2) DETERMINATION ESTIMATES.-For ( 1), a determination pur- 24 poses of paragraph 25 the conformity of an activity, project, program, 64 regarding or CEQ050FY18091_000001927 CEQ-18-0173-I-000097 ARP1706:3 S.L.C. 65 1 plan shall be based on the most recent estimates of 2 the emissions of the activity, project, program, 3 plan, which shall be determined based on the most 4 recent 5 and congestion estimates (as determined by the met- 6 ropolitan planning organization 7 thorized to make those estimates)."; 8 9 10 applicable population, (3) by redesignating employment, or travel, or other agency au- subsections (c) and (d) as subsections (b) and (c), respectively; (4) in subsection (b) (as so redesignated)- 11 (A) by striking the subsection designation 12 and all that follows through 13 in the first sentence and inserting the following: 14 15 16 17 18 19 20 "(b) REQUIREMENT "No department" OF CONFORMITY FOR FEDERAL ASSISTANCE.- "(1) LIMITATIONS."(A) FEDERAL AGENCIES.-No depart- ment''; (B) m paragraph (l)(A) (as so redesig- nated)- 21 (i) m the first sentence, by striking 22 "it has" and inserting "the implementation 23 plan has"; 24 25 (ii) in the third sentence, by striking "The assurance 65 of conformity to such an CEQ050FY18091_000001927 CEQ-18-0173-I-000098 ARP1706:3 S.L.C. 66 1 implementation 2 following: 3 "(C) RESPONSIBILITY plan" and inserting the FOR ASSURANCE.- 4 The assurance of conformity to an implementa- 5 tion plan approved or promulgated 6 tion 110"; and (iii) in the second sentence, by strik- 7 8 mg "No metropolitan" 9 following: 10 11 12 13 "(B) METROPOLITAN ZATIONS.-N and inserting PLANNING the ORGANI- o metropolitan"; (C) in paragraph (2)- (i) in subparagraph (A), by striking 14 "of paragraph 15 scribed in subsection (a)( 1 )( B)"; 16 under sec- (l)(B)" (ii) in subparagraph and inserting "de- (C)- 17 (I) in clause (i), by striking "(i) 18 such a project" and inserting the fol- 19 lowing: 20 "(II)(aa) 21 (II) in clause the prqject"; (ii), by striking 22 "(ii) the design" and inserting the fol- 23 lowing: 24 "(bb) the design"; 66 CEQ050FY18091_000001927 CEQ-18-0173-I-000099 ARP1706:3 S.L.C. 67 1 (III) m clause (iii), by striking 2 "(iii) the design" 3 following: and inserting 4 " (cc) the design"; and 5 (IV) in the matter the preceding 6 clause (i), by striking "only if it meets 7 either the requirements 8 graph (D) 9 ments" 10 of subpara- or the following require- and inserting the following: "only if- 11 " (I) the transportation project 12 achieves compliance with all applicable 13 requirements 14 (iii) in subparagraph 15 "subparagraph 16 ...)" ; (lll 17 18 of clause (iv); or"; (C)" and inserting (iv) in subparagraph (I) (D), by striking m clause (E)(ii), by striking 19 "clause (i)" and inserting 20 (I)"; and 21 "clause (II) by redesignating "subclause clauses (i) 22 through (iii) as subclauses (I) through 23 (III), respectively, and indenting 24 subclauses appropriately; 67 the CEQ050FY18091_000001927 CEQ-18-0173-I-000100 ARP1706:3 S.L.C. 68 1 (v) by redesignating subparagraphs 2 (A) through (E) as clauses (i) through (v), 3 respectively, and indenting the clauses ap- 4 propriately; and 5 6 (vi) in the matter preceding clause (i) (as so redesignated)(I) 7 in the third 8 striking "In particular-'' 9 ing the following: 10 "(C) ADDITIONAL by and insert- REQUIREMENTS.-The 11 additional requirements 12 graph (B)(i)(II) are that-"; 13 sentence, referred to in subpara- (II) in the second sentence- 14 (aa) by striking ''been found 15 to conform to any applicable im- 16 plementation 17 this Act." and inserting the fol- 18 lowing: "been determined- 19 " (I) to conform to an applicable plan in effect under 20 implementation 21 this Act (as determined in accordance 22 with paragraph 23 plan in effect under (4)(B)); and "(II) to achieve compliance with 24 all applicable additional 25 described in subparagraph 68 requirements (C)."; and CEQ050FY18091_000001927 CEQ-18-0173-I-000101 ARP1706:3 S.L.C. 69 1 (bb) by striking 2 3 eral" and inserting the following: "(B) CONFORMITY REQUIRED.- 4 5 "No Fed- "(i) IN GENERAL.-Subject to clause (ii), no Federal"; (III) sentence, by 7 striking '' (2) Any'' and inserting the 8 following: 6 9 10 in the first "(2) TRANSPORTATION CONFORMITY."(A) IN GENERAL.-Each"; 11 and (IV) in subparagraph (as (B) 12 designated by subclause (II)(bb)), 13 adding at the end the following: 14 "(1?1?) LirPLICABILITY.A~ 15 ment 16 apply- 17 described in clause Tlle by . reqmre- (i) shall not " (I) to a transportation plan, 18 program, or prqject carried out in an 19 area designated 20 nonattainment 21 nance area; and under this Act as a or attainment-mainte- 22 "(II) in an area that is not an 23 area described in subclause (I), until 24 the date that is 180 days after the 25 date on which the Administrator 69 ap- CEQ050FY18091_000001927 CEQ-18-0173-I-000102 ARP1706:3 S.L.C. 70 1 proves 2 budget contained in the State imple- 3 mentation 4 evant 5 or project."; 6 (D) in paragraph 7 8 9 10 11 12 the motor vehicle en11ss10ns plan applicable to the rel- transportation plan, program, (3)- (A)- (i) in subparagraph (I) in clause (i), by adding "and" after the semicolon at the end; and (II) by striking clause (iii); and (ii) in subparagraph (B)- (I) in clause (i), by striking "en- 13 actment; 14 through the end of the undesignated 15 matter following clause (ii) and insert- 16 ing "enactment."; 17 and" (II) in and all that follows and the matter preceding 18 clause 19 and all that 20 from" 21 "projects are carried out under"; 22 23 24 25 (i), by striking in (E) in paragraph follows through clause (i) and '' come inserting (4)- (i) in subparagraph (I) by striking trator'' "projects-" (B )- "The Adminis- and inserting the following: 70 CEQ050FY18091_000001927 CEQ-18-0173-I-000103 S.L.C. ARP1706:3 71 1 2 "(i) IN GENERAL.-Subject (ii), the Administrator"; 3 lowing: 5 "(ii) REQUIREMENTS.-The 6 and procedures 7 clause (i) shall- 9 and (II) by adding at the end the fol- 4 8 promulgated criteria pursuant to " (I) be based on the most recently issued national 10 quality standard 11 criteria pollutant; and 12 to clause ambient air for each applicable "(II) establish that conformity in 13 the case of transportation 14 grams, and projects shall not be re- 15 quired- 16 plans, pro- "(aa) in any area designated 17 under 18 ment or attainment-maintenance 19 area; and 20 "(bb) this Act as a nonattain- with respect to any 21 area that is not an area described 22 m item (aa), until the date that 23 1s 180 days after 24 which the Administrator 25 the motor vehicle emissions budg- 71 the date on approves CEQ050FY18091_000001927 CEQ-18-0173-I-000104 ARP1706:3 S.L.C. 72 1 et contained m the State imple- 2 mentation 3 relevant transportation 4 gram, or project."; 5 plan applicable to the (ii) in subparagraph plan, pro- (D)- (I) in clause (ii)- 6 (aa) in subclause 7 8 striking "paragraph 9 inserting 10 "paragraph (II), (2)(E)" (2)(C)(v)"; (bb) by indenting subclauses 12 (I) and (II) appropriately; 13 (II) 14 by indenting clauses (i) through (iii) appropriately; and 15 (III) by striking "(D) The" and 16 inserting the following: 17 19 and and 11 18 by "(D) MINIMUM REQUIREMENTS.-The"; and (iii) in subparagraph (F), by striking 20 "(F) Compliance" 21 lowing: 22 "(F) TRAFFIC SIGNAL SYNCHRONIZATION 23 24 and inserting the fol- PRO,JECTS.-Compliance''; (F) by striking paragraphs 72 ( 5) and ( 6); CEQ050FY18091_000001927 CEQ-18-0173-I-000105 ARP1706:3 S.L.C. 73 1 by ( G) redesignating 2 through ( 9) as paragraphs 3 spectively; 4 (H) in subparagraph 5 (as so redesignated), 6 inserting 7 eac l1 " ; 8 9 "Subject paragraphs (5) through ( 7), re- (A) of paragraph by striking to paragraph (I) in paragraph ( 7) "Each" ( 5) and (2)(B)(ii)(II), (7) (as so redesignated), by striking "If" and inserting the following: 10 "(A) 11 paragraph, the term 'lapse', with respect to a 12 conformity determination 13 plan or transportation 14 means that- 15 16 DEFINITION OF LAPSE.-ln for a transportation improvement has expired; and "(ii) as a result of that expiration, no 18 currently 19 or transportation 20 exists. 21 "(B) LAPSES.-If''; 22 (J) by striking paragraph 24 program, "(i) the conformity determination 17 23 this conforming transportation improvement plan program and (10); and (5) in subsection (c) (as redesignated by para- graph (3) )- 73 CEQ050FY18091_000001927 CEQ-18-0173-I-000106 ARP1706:3 S.L.C. 74 1 (A) in the second sentence, 2 "This paragraph 3 to," and inserting the following: 4 "(2) APPLICABILITY.-The 5 in paragraph extends to, but is not limited authority described ( 1) includes any"; and (B) by striking the subsection designation 6 7 and all that follows through 8 ment" and inserting the following: 9 "(c) PRIORITY.- 10 "(1) 11 by striking "Federal REQUIREMENT.-Each Federal Govern- depart- ment, agency, and instrumentality". 12 SEC. 402. STUDY ON TRANSPORTATION AIR QUALITY CON- 13 FORMITY UNDER CLEAN AIR ACT. 14 The Administrators 15 Agency, the Federal of the Environmental Highway Administration, 16 Federal Transit Administration 17 arrangement Protection and the shall jointly enter into an with the National Academy of Sciences 18 under which the Academy shall19 (1) conduct a study rel a ting to transportation 20 air quality conformity to evaluate the effectiveness of 21 the conformity requirements 22 the Clean Air Act (42 U.S.C. 7506) (as amended by 23 section 401); and 24 25 under (2) provide to the Administrators tions for transportation 74 section 176 of recommenda- conformity policy, including CEQ050FY18091_000001927 CEQ-18-0173-I-000107 ARP1706:3 S.L.C. 75 1 suggested legislative and regulatory changes relating 2 to transportation 3 4 5 6 planning and air quality. TITLE V-INCREASING STATE AUTHORITY AND COLLABORATION IN REVIEWING TRANSPORTATION PROJECTS 7 SEC. 501. FEDERAL-STATE PROJECT AGREEMENTS. 8 Section 106(b) of title 23, United States Code, 1s 9 amended by adding at the end the following: 10 "(3) 11 TIVITIES.- NO FEDERAL APPROVAL FOR CERTAIN AC- 12 "(A) IN GENERAL.-Notwithstanding 13 other provision of law (including regulations), 14 no approval of the Secretary shall be required 15 under this section for any project described in 16 subparagraph 17 the project shall be carried out in accordance 18 with all other 19 this title and title 49. 20 "(B) (B), subject to the condition that applicable DESCRIPTION requirements OF project referred to in subparagraph 22 project- 24 25 AMERICAN PVERSIGHT under PRO,JECTS.-A 21 23 any (A) is any "(i) carried out under" (I) a stewardship and oversight agreement; or 75 CEQ050FY18091_000001927 CEQ-18-0173-I-000108 ARP1706:3 S.L.C. 76 1 "(II) any other agreement under 2 this section; and 3 '' (ii) rel a ting to- 4 " (I) the standard specifications 5 of the applicable State transportation 6 department; "(II) the pavement design policy 7 8 of the 9 ment; 10 State transportation depart- "(III) any value engineering poli- 11 cies or procedures of the State trans- 12 portation department; 13 "(IV) liquidated damage rates; 14 "(V) a quality assurance program 15 of the 16 ment; or 17 State transportation "(VI) such other matter 18 Secretary. ' in consultation 19 transportation 20 mines to be appropriate.''. depart- as the with State departments, deter- 21 SEC. 502. PROJECT APPROVAL AND OVERSIGHT FOR HIGH 22 23 RISK PROJECTS. Section 106( c)( 4) of title 23, United States Code, is 24 amended- 25 ( 1) in subparagraph 76 (A)- CEQ050FY18091_000001927 CEQ-18-0173-I-000109 ARP1706:3 S.L.C. 77 (A) by striking 1 "shall not assign any re- 2 sponsibilities to a State for projects" 3 serting "may assign to a State responsibility for 4 a project in the State that"; and (B) by inserting 5 and m- ", subject to the reqmre- 6 ment that the project shall be carried out in ac- 7 cordance with all applicable requirements 8 agreement between the Secretary and the State 9 under of an this section" before the period at the 10 end; and 11 (2) in subparagraph (B ), by striking "The Sec- 12 retary may define the high risk categories under this 13 subparagraph 14 purposes of subparagraph 15 on" and inserting the following: "For (A), the Secretary- "(A) shall establish high risk categories in 16 collaboration with State transportation 17 ments; and 18 depart- "(B) may define the categories on". 19 SEC. 503. ADVANCE ACQUISITION OF REAL PROPERTY. 20 Section 108 of title 23, United States Code, 1s 21 amended22 23 24 25 (1) m subsection (a)(l ), by striking "may make" and inserting "shall make"; (2) in subsection (b), by striking "(b) Federal" and inserting the following: 77 CEQ050FY18091_000001927 CEQ-18-0173-I-000110 ARP1706:3 S.L.C. 78 1 2 3 "(b) MA,~MUM PARTICIPATION.-Federal''; (3) in subsection (c)(3)(A) in the matter preceding subparagraph 4 (A), by striking 5 Secretary and the Secretaiy finds" and insert- 6 ing "State ensures"; 7 (B) in subparagraph 8 9 "State (i) by inserting demonstrates to the (F)"of 1969 (42 U.S.C. 4321 et seq.)" after "Policy Act"; 10 (ii) by striking "this Act" and insert- 11 mg 12 tation Efficiency Act of 1991 (Public Law 13 102-240; 105 Stat. 1914)"; and 14 ''the Intermodal Surface Transpor- (iii) by inserting "of 1973 (16 U.S.C. 15 1531 et seq.)" after "Species Act"; and 16 (C) in subparagraph (G), by striking "the 17 Secretary" and inserting "the State"; and 18 (4) in subsection (d)- 19 (A) in paragraph 20 21 22 (2)- (i) by striking "a State" each place it appears and inserting "the State"; and (ii) by striking "The Secretaiy 23 and inserting 24 from a State, the Secretary shall"; 78 ''On receipt may" of a request CEQ050FY18091_000001927 CEQ-18-0173-I-000111 ARP1706:3 S.L.C. 79 1 (B) in paragraph (3), in the matter 2 ceding subparagraph 3 concurrence by the Secretary,''; 4 (C) in paragraph 5 (A), by striking following: 7 "(A) ", with and (7)- (i) by striking "If" 6 pre- and inserting the IN GENERAL.-Subject to subpara- graph (B), if"; and 8 (ii) by adding 9 10 lowing: 11 "(B) EXTENSI0N.-On at the end the fol- receipt of a request 12 from a State, the Secretary shall delay the ef- 13 fective date of the offset against the apportion- 14 ment of the State described in subparagraph 15 (A) for such period as the Secretary determines 16 to be appropriate, 17 law (including regulations).". in accordance with applicable 18 SEC. 504. AGREEMENTS RELATING TO USE OF, AND ACCESS 19 TO, RIGHTS-OF-WAY ON INTERSTATE SYSTEM. 20 Section 111 of title 23, United States Code, is 21 amended- 22 23 24 25 (1) in subsection (a)- (A) in the fourth sentence(i) by striking "Nothing" and insert- ing the following: 79 CEQ050FY18091_000001927 CEQ-18-0173-I-000112 ARP1706:3 S.L.C. 80 1 "(4) EFFECT OF SECTION.-Nothing''; 2 (ii) by striking "Interstate 3 if such establishment 4 ing the following: "Interstate 5 "(A) the establishment- System (1) (A) was" and insert- 6 "(")1 was " ; 7 (iii) by striking "1960, System, if- (B) is owned 8 by a State, and (C) is" and inserting the 9 following: "1960; 10 "(ii) is owned by a State; and 11 "(iii) is"; and 12 (iv) by striking "otherwise, and (2) if 13 all" and inserting 14 wise; and 15 "(B) all"; 16 (B) in the third 17 "Such agreements 18 ing the following: 19 "(3) 2O 21 the following: "other- sentence, may, however," and insert- USE OF AIRSPACE.-An scribed in paragraph by striking agreement de- (l)(A) may"; (C) in the second sentence, by striking 22 "Such agreements 23 providing" and inserting the following: 80 shall also contain a clause CEQ050FY18091_000001927 CEQ-18-0173-I-000113 ARP1706:3 S.L.C. 81 1 "(2) AUTOMOTIVE SERVICE STATIONS.-An 2 agreement 3 elude a requirement"; 4 described in paragraph ( 1) (A) shall in- (D) by striking the subsection designation 5 and heading and all that follows through 6 agreements between the Secretary and the" m 7 the first sentence and inserting the following: 8 "(a) REQUIREMENTS FOR AGREEMENTS.- 9 "(1) POINTS OF ACCESS AND EXIT.- 10 "(A) IN GENERAL.-Except 11 subparagraph 12 Secretary and a"; and 13 14 15 "All as provided in (B), each agreement between the (E) in paragraph (1) (as so redesignated), by adding at the end the following: "(B) TRANSFER OF AUTHORITY TO 16 STATES.-On 17 transportation 18 transfer to the State transportation 19 the sole authority to approve the addition of a 20 point of access to, or exit from, an applicable 21 project on the Interstate 22 the State transportation 23 tification report under subsection (e)."; and 24 (2) in subsection 25 may permit receipt of a request from a State department, the Secretary department System on approval by department (e), by striking a State transportation 81 shall of a jus- '' Secretary department to CEQ050FY18091_000001927 CEQ-18-0173-I-000114 ARP1706:3 S.L.C. 82 1 approve the report" and inserting "Secretary, 2 ceipt of a request from an affected State transpor- 3 tation department, 4 portation department 5 (a)(l)(B) the sole authority to approve the addition 6 of the applicable point of access to, or exit from, a 7 relevant prqject 8 proval by the State transportation 9 report". on re- shall transfer to the State transin accordance with subsection on the Interstate 82 System on apdepartment of the CEQ050FY18091_000001927 CEQ-18-0173-I-000115 RE: Streamlining From "Herrgott, Alex H. EO P/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce 1ebaef28486db7e75a45c 19c9813-herrgott. a"> To: Date: "Antell, Geoffrey" , "Gribbin, DJ J. EO P/WHO" > Tue, 11 Jul 2017 17:37:49 -0400 Yes. It's with the DOT's regulatory review team and that should pop out later this week from that team. Then we will shepherd through OIRA. We are working to have this out in several weeks. Alexander Herrgot1 Associate Director for Infrastrucn1re Collllcil on Environmental Quality - -----Original Message----From: Antell, Geoffrey [mailto:Geoffrey.AnteU@maiLhouse.gov] Sent: Tuesday, July 11, 201 7 3:09 PM To: Herrgott Alex H. EOP/CEQ Gribbin, DJ J. EOPiWHO Circling back on this one. Any update on NPRM iiming? Once we have that, I'd like to set up briefing with T&I. -----Original Message----From: Hcrrgott, Alex H. EOP/CEQ [mailto Sent: Sunday, July 09, 2017 I :05 PM To: Gribbin, DJ J . EOP/WHO Cc: Antell, Geoffrey Subject: Re: Streamlining As for the supplemental NPRM. I will circle back with DOT and OIRA Monday. It is important we move this quickly on our end. I will have answer. Sent from my iPhone On Jul 8, 2017, at 9:31 PM, Gribbin, DJ J. EOP/WHO wrote: I'm not sure. Alex? From: Antell, Geoffrey [U1.a i.lto:Geoffrey.AnteU@maiLhouse.gov] Sent: Thursday. July 6, 2017 9:18 PM To: Gribbin, DJ J . BOP/WHO mailto Cc: Herrgott, Alex H. EOP/CEQ AMR N PVERSIGHT 1 CEQ050FY 18091 _ 000000031 CEQ-18-0173-I-000116 ailto Subject: Re: Streamlining Gotcha. What is timing ofNPRM'? Geoffrey Antell Office of the Speaker On Jul 6, 2017. at 12:45 PM, Gribbin, DJ J. EOPiWHO mailto Thought we'd share with you first. wrote: From: Antell, Geoffrey [mailto:Geoffrey.Antell(8)mail.house.govJ Sent: Thursday, July 6, 2017 12:35PM To: Gribbin, DJ J. EOP/WHO maillo Cc: Herrgott, Alex H. EOP/CEQ > Thanks for this. Have you shared with Gosselin and the conunittee'? From: Gribbin, DJ J. EOP/WHO[mailto Sent: Thursday, July 06, 2017 12:35 AM To: Antell, Geoffrey Cc: Herrgott, Alex H. EOP/CEQ Subject: Streamlining Geoff, In response to the meeting we had over here with C'ommineestaff and our conversation on your balcony, anached is a list of streamlining initiatives and where they are in the process that Alex and the USDOT team pulled together. You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released NPRM. Let us know if you tl1inkwe need to have a briefing on these issues for you all or if there is any additional follow up needed. TI1anks, DJ PVERSIGHT 2 C EQ050 FY 18091 _ 000000031 CEQ-18-0173-I-000117 RE: Streamlining To: Date "Antell, Geoffrey" , "Gribbin, DJ J. EOP/WHO" Tue, 11 Jul 2017 17:33:14 -0400 Yes. It's with the DOT's regulatory review team and that should pop out later this week from that team. Then we will shepherd through OIRA. We are workinl!,to have this out in several weeks. Alexander Herrgott Associate Director for lnfrastnicnire Council on EnvironmentalQuality - -----Original Message----From: Antell, Geoffrey [mailto:Geoffrey.Antell@mail.house.gov] Sent: Tuesday. July 11,2017 3:09 PM To: HerrgoU,Alex H. EOP/CEQ Gribbin, DJ J. EOP/WHO Subject: RE: Streamlining Circlingbackon this one. Anyupdateon NPRMtiming? Oncewe havethat.I'd liketo set up briefingwithT&I. -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Sunday. July 09, 2017 1:05 PM To: Gribbin, DJ J. EOP/WHO Cc: Antell, Geoffrey Subject: Re: Streamlining As for the supplementalNPRM. I will circle back with DOT and OIRA Monday. It is imponant we move this quickly on our end. I will have answer. Sent from my iPhone On Jul 8, 2017, at 9:31 PM, Gribbin, DJ J. EOP/WHO > \Vrote: > Subject: Re: Streamlini ng Gotcha. What is timing ofNPRM? AMR N PVERSIGHT 1 CEQ050FY18091_000000210 CEQ-18-0173-I-000118 Geoffrey Antell Office of the Speaker On Jul 6, 2017, at 12:45 PM, Gribbin, DJ J. EOP/WHO mailto Thought we'd share with you first. > wrote: From: Antell, Geoffrey ImaiIto:Geoffrey.Ante ll@mai I.house.govl Sent Thursday, July 6, 20 17 12:35 PM To: Gribbin , DJ J. EOP/WHO mailto > Cc: Herrgott, A lex H. EOP/CEQ Thanks for this. Have you shared with Gosselin and the committee? From: Gribbin. DJ J. EOPiWHO [mailto Sent: Thursday,July 06, 2017 12:35 AM To: Antell, Geoffrey Cc: Herrgoll, A lex H. EOP/CEQ Subject:StreamJiuing Geoff, In response to the meeting we had over here with CoID.LUittee staff and our conversation on your balcony._attached is a list of streamlininginitiatives and where they are in the process that Alex and the USDOT team pulled together. You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released NPRM. Let us know if you think we need to have a briefmg on these issues for yo11all or iftbere ls any additional follow up needed. Thanks. DJ AMR N PVERSIGHT 2 CEQ050FY18091_000000210 CEQ-18-0173-I-000119 RE: Streamlining From To: Date: "Gribbin, DJ J . EOP/WHO" "Antell, Geoffre y" , "Herrgott, Alex H. EOP/CE Q" Tue , 11 Jul 2017 17:41 :46 -0400 Good idea. Let's co11.firm after we see what DOT produces. -----OriginalMessage----From: Antell, Geoffrey [mailto:Geoffrey.Autell@mail.house.gov] Sent: Tuesday, July 11, 2017 5 :40 PM To : Herrgott, Alex H. EOP/CEQ ; Gribbin, DJ J. EOP/WHO Subject: RE: Stream.lining That's helpful. Can we set up a briefing with T&I next week or week after (post-FAA)? Would be helpful to be able to put some stats on this in the packet we send home with Members for the recess - -- "TrumpAdministrationactuallyimplementingstreamliningrequirements. unlike Obama Administration" ---Original Message----From: Herrgott. Alex H. EOP/CEQ [mailto Sent: Tuesday, July 11.2017 5:~8 PM To: Antell, Geoffrey; Gribbin. DJ J. EOP/WHO Subject: RE: Streamlining Yes. It's with the DOT's regulatoryreview team and that should pop out later this week from that team. Then we will shepherd through OIRA. We are working to have this out in severnl weeks. AlexanderHerrgott Associate Director for lufrastrncture - Council ou Environmental Quality -- --Original Message----From: Antell, Geoffrey [mailto:Geoffrey.Autell@mail.house.gov] Sent: Tuesday,July 11, 2017 3:09 PM To : Herrgott, Alex H. EOP/CEQ ; Gribbin, DJ J. EOPiWHO Subject: RE: Streamlining Circling back ou this one. Any update on NPRM timing? Once we have that. I'd like to set up b1iefingwith T&I. AMR N PVERSIGHT 1 CEQ050FY 18091 _ 000000482 CEQ-18-0173-I-000120 -----Original Message----From: Herrgou. Alex H. EOP/CEQ [mailto Sent: Sunday, July 09, 2017 l :05 PM To: Gribbin, DJ J. EOP!WHO Cc: Antell, Geoffrey Subject: Re: Streamlining As for the supplementalNPRM. I will cfrcle back with DOT and OIRA Monday. It is impoI1antwe move this quickly on our end. I will have answer. Sent from my iPhone On Jul 8, 2017, at 9:31 PM. Gribbin. DJ J. EOP!WHO wrote: I'm not sure. Alex? From: Antell, Geoffrey [mailto:GeolTrey.Antell@mail.house.gov] Sent: llmrsday, July 6, 2017 9: 18 PM To: Gribbin, DJ J. EOP/WHO mailto Cc: Herrgott, Alex H. EOP/CE > Gotcha. What is linling ofNPRM? Geoffrey Antell Office of the Speaker On Jul 6. 2017. at 12:45 PM, Gribbin. DJ J. EOP!WHO wrote: >> Thanks for this. Have you shared with Gosselin and the commit1ee'? From: Gribbin, DJ J. EOP/WHO fmailto Sent: llmrsday, July 06, 2017 12:35AM To: Antell, Geoffrey Cc: Herrgott, Alex H. EOP/CEQ Subject: Streamlining Geoff, In response to the meeting we had over here with Committee staff and our conversation on your balcony, attached is a list of streamlining initiatives and where they are in the process that Alex and the USDOT team pulled together. You will note that a number of these ideas have been put into effect or are the subject of a PVERSIGHT 2 C EQ050 FY 18091 _ 000000 482 CEQ-18-0173-I-000121 soon-to-be-released NPRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any additional follow up needed. Thanks, DJ 3 CEQ050FY18091_000000482 CEQ-18-0173-I-000122 RE: Streamlining From To: Date: "Antell, Geoffrey" "Herrgott, Alex H. EO P/CEQ" "Gribbin, DJ J. EOP/WHO " Tue, 11 Jul 2017 17:40:15 -0400 That's helpful. Can we set up a briefing with T&I next week or week after (post-FAA)? Would be helpful to be able to put some stats on this in the packet we send home with Members for the recess -?? "Tmmp Administrationactually implementingstreamliningrequirements, unlike Obama Administration" -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday, July 11, 2017 5 :38 PM To: Antell, Geoffrey: Gribbin, DJ J. EOP/WHO Subject: RE: StreamJining Yes. It's with the DOT's regulatory review team and that should pop out later this week from that team. Then we will shepherd through OIRA. We are working to have this out in several weeks. AlexanderHen-gott Associate Director for Infrastructure Cotmcil on EnvironmentalQuality - -----Original Message----From: Antell. Geoffrey [mailto:Geoffrey.Antell@,mail.house.gov] Sent: Tuesday, July 11, 2017 3:09 PM To: Herrgott, Alex H. EOP/C EQ ; Gribbin, DJ J. EOP/WHO > Su~ jecl: RE: Streamlinin g Circling back on this one. Any update on NPRM timing? Once we have that, I'd like to set np briefing with T&I. -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Sunday, July 09, 2017 1:05 PM To: Gribbin, DJ J. EOP/WHO Cc: Antell, Geoffrey Subject: Re: Streamlining As for the supplemental NPRM. I will circle back with DOT and O[RA Monday. It is imponanl we move this quickly 011 our end. I will have ,mswer. AMR AN PVERSIGHT 1 CEQ050FY18091 _000001917 CEQ-18-0173-I-000123 Sent from my iPhone On Jul 8, 2017. at 9:31 PM, Gribbin, DJ J. EOP/WHO wrote: I'm not sure. Alex? From: Antell, Geoffrey [mailto:Geoffrey.Antell@mail.house.gov] Sent: Thursday,July 6, 2017 9: I 8 PM To: Gribbin, DJ J. EOP/WHO mailt Cc: Herrgou. Alex H. EOP/CEQ > > Subject: Re: Streomlining Gotcha. What is timing ofNPRM? Geoffrey Antell Office of the Speaker On Jul 6, 2017, at 12:45PM. Gribbin, DJ J. EOP/WHO mailto > wrote: From: Antell, Geoffrey fmailto:Geoffrey.Amell(a)mail.house.govl Sent: Thursday. July 6, 2017 12:35PM To: Gribbin, DJ J. EOP/WHO mailto Cc: Herrgott. Alex H. EOP/CE > > Subject: RE: Streamlining Thanksforthis. HaveyousharedwithGosselinand the committee? From: Gribbin, DJ J. EOP/WHO [mailt Sent: Thursday, July 06, 2017 12:35 AM To: Antell, Geoffrey Cc: Herrgott, Alex H. EOP/CEQ Subject: Streamlining Geoff, In response to the meeting we had over here with Comminee stalfand our conversation on your balcony, attached is a list of streamlining initiatives and where they are in tl1eprocess that Alex and the USDOT team pulled together. You will note that a number of these ideas have been put into effect or arc the subject of a soon-to-be-released NPRM. Let us know if you think we need to have a briefing on these issues for you all or if there is any additional follow up needed. Thanks, DJ PVERSIGHT 2 CEQ 050 FY18091_00000 1917 CEQ-18-0173-I-000124 RE: Streamlining From To: Date: "Antell, Geoffrey" "Herrgott, Alex H. EOP/ CEQ" >, "Gribbin, DJ J. EOP/WHO " Tue, 11 Jul 2017 15:09:09-0400 Circling back on this one. Any update on NPRM timing'! Once we have that. I'd like to set up briefing with T &I. ---- Original Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Sunday , July 09, 2017 I :05 PM To: Gribbin. DJ J. EOP/WHO Cc: Antell, Geoffrey Subject: Re: Streamlining As for the supplemental NPRM. I will circle back with DOT and OIRA Monday. It is imponant we move this quickly on our end. I will have answer. Sent from my iPhone On Jul 8, 2017, at 9:31 PM, Gribbin, DJ J. EOP/WHO > wrote: I'm not sure. Alex? From: Antell, Geoffrey (mailto:Geoffrey.Antell@mail.house.gov] Sent: Thursday. July 6, 2017 9: 18 PM To: Gribbin, DJ J. EO'P/WHO maillo Cc: Herrgott. Alex R EOP/CEQ mai lt Subject: Re: Str eamlining > Gotcha. What is timing ofNPRM'! Geoffrey Antell Office of the Speake.r On Jul 6, 2017, at 12:45 PM, Gribbin, DJ J. EOP/WHO > wrote: From: Antell, Geoffrey [mailto:Gcoffrcy.AmcU@mail.housc.gov] Sent: Thursday, July 6, 2017 12:35 PM To: Gribbin, DJ J. EOP/\VI-IO rnailto Cc: Herrgott, Alex H. EOP/CEQ AMR N PVERSIGHT 1 > CEQ050FY18091_000002605 CEQ-18-0173-I-000125 Thanks for this. Have you shared with Gosselin and the committee? From: Gribbin, DJ J. EOP/WHO [mailto Sent: Thursday, July 06, 20 I7 I2:35 AM To: Antell, Geoffrey Cc: Herrgott. Alex 1-1.EOP/CEQ Subject: Streamlining Geoff, ln response to the meeting we had over here with Committee staff and our conversation on your balcony, attached is a list of streamlining initiatives and where they are in the process that Alex m1dthe USDOT team pulled together. You will note that a number of these ideas have been put into effect or are the subject of a soon-to-be-released NPRM. Let us know if you think we need to have a briefing on these issues for you all or iffhere is any additional follow up needed. Than.ks. DJ AMR N PVERSIGHT 2 CEQ050FY 18091_ 000002605 CEQ-18-0173-I-000126 RE: SenatorSullivanNEPA and Infrastructure PackageRound Table From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1ebaef28486db7e75a45c 19c9813-herrgott, a"> To: "Wiegard, Pierce (Sullivan)" Date: Mon, 17 Jul 2017 12:12:44 -0400 Pierce, I apo logize for not getting back to you sooner . Has this roundtable been set yet? Give me a call anytime Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality From:W iegard, Pierce (Sullivan) [mailto:Pierce_Wiegard@sullivan.senate.gov Sent : Monday, July 10, 2017 1:07 PM To: Herrgott, Alex H. EOP/CEQ > Subject : Senator Sullivan NEPA and Infrastructure Package Round Table ] Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wan ted to pass on n1y boss's NEPA and Infrastructure bill discussion draft. He is looking to put together a round table or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O' Sullivan from LIUNA, and we were wondering if you would consider joining the discussion for the administration. The event will likely be linked with introduction of our bill. Happy to chat further, or you feel free to call Erik Elam, our LD. Pierce Wiegard Legislative Counsel Office of U.S. Senator Dan Sullivan AMR AN PVERSIGHT 1 CE Q050FY 18091 _ 000000026 CEQ-18-0173-I-000127 RE: SenatorSullivanNEPA and Infrastructure PackageRound Table From: "Wiegard, Pierce (Sullivan)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 17 Jul 2017 12:14:15 -0400 Not a problem. Tentative date is next Thursday at some time between 3 to 5 pm. Will call over a little later this afternoon to discuss further . From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, July 17, 201712:13 PM To: Wiegard, Pierce (Sullivan) Subject: RE: Senator Sullivan NEPA and Infrastructure Package Round Table Pierce, I apologize for not getting back to you sooner . Has this roundtable been set yet? Give me a call anytime Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality From; Wiegard, Pierce (Sullivan) [mailto:Pierce Wiegard@sullivan.senate.gov Sent: Monday, July 10, 2017 1:07 PM To: Herrgott, Alex H. EOP/CEQ Subject: Senator Sullivan NEPA and Infrastructure Package Round Table ] Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wanted to pass on my boss's NEPA and Infrastructure bill discussion draft. He is looking to put together a round table or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O'Sullivan from LIUNA, and we were wondering if you wou Id consider joining the discussion for the administration. The event will likely be linked with introduction of our bill. Happy to chat further, or you feel free to call Erik Elam, our LD. AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000000462 CEQ-18-0173-I-000128 Pierce Wiegard Legislative Counsel Office of U.S. Senator Dan Sullivan Pierce wiegard@sullivan.senate.gov AMR N PVERSIGHT 2 CEQ050FY 18091_ 00000046 2 CEQ-18-0173-I-000129 RE: SenatorSullivanNEPA and Infrastructure PackageRound Table To: "Wiegard, Pierce (Sullivan)" Date: Mon, 17 Jul 2017 09:28:04 -0400 Pierce, I apologize for not getting back to you sooner. Has this roundtable been set yet . Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality From: Wiegard, Pierce (Sullivan) [mailto:Pierce_Wiegard@sullivan.senate.gov] Sent : Monday, July 10, 2017 1:07 PM To: Herrgott, Ale> Subject: Senator Sullivan NEPAand Infrastructure Package Round Table Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wanted to pass on my boss's NEPAand Infrastructure bill discussion draft. He is looking to put together a round table or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O'Sullivan from LIUNA, and we were wondering if you would consider joining the discussion for the administration. The event will likely be linked with introduction of our bill. Happy to chat further, or you feel free to call Erik Elam, our LD. Pierce Wiegard Legislative Counsel Office of U.S. Senator Dan Sullivan AMR AN PVERSIGHT 1 CEQ050FY18091_000002694 CEQ-18-0173-I-000130 FW: Rail permitting From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce 1ebaef28486db7e75a45c 19c9813-herrgott, a"> To: "Fuchs, Patrick (Commerce)" Date: Tue, 18 Jul 2017 10:15:26 -0400 Hey can you take a look at these and give me a ring . Alex From: "Jefferies, Ian" Date: July 17, 2017 at 1:48:30 PM EDT To: "Herrgott, Alex H. EOP/CEQ" Subject: permitting > (1) The FASTAct directed the Department of Transportation (DOT) to review all previously enacted highway permit reforms and project streamlining procedures under Title 23 of the U.S. Code and to apply them to railroad projects under jurisdiction of the DOT. Two Concerns: 1. 2. The Act providesthat the statute of limitationson claimsagainstrail projectsis two years insteadof the 150 daysprovidedto highwayprojects. Rail projectsshould be synchronized with highway projects and set at 150 days as well. Many large railroad projectsare administeredby agenciesoutsideof the jurisdictionof the DOT such as the U.S.Army Corpsof Engineers(USACE)and the U.S. CoastGuard(USCG). Theseagenciesand the railroadprojectsthey approveare NOT subjectto the FASTAct streamliningprovisionsunder Title 23. All rail projects,regardlessof lead agency,shouldbe eligibleto use FASTAct streamliningprovisions. (2) the FASTAct (under Title 41 or "FAST-41") created a new entity-The Federal Permitting Improvement Council (FPIC). Under Fast-41, the Federal Permitting Improvement Council shall "oversee the cross-agency Federal permitting and review process, composed of agency Deputy secretary-level members and chaired by an Executive Director appointed by the President." FAST41 provisions create a category of "covered projects" that can be recipients of a new federal environmental review and federal permitting regime. There are limitations on the types of railroad projects that can benefit from the FAST-41 permit streamlining provisions. The Act specifically preclude projects eligible for streamlining under Title 23, so a railroad project that falls under the jurisdiction of DOT is not eligible for the streamlining provisions in FAST-41(However, a railroad project led by an agency such as the USCGor the AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000001968 CEQ-18-0173-I-000131 USACEis likely eligible; these projects would still need to qualify as covered projects under FAST41 requirements). A number of critical rail projectsare not subjectto the streamliningbenefits made available in Title 23 or FAST41. Congressshouldclarify that railroad projectsfall under both FAST-41and Title 23. (3) Under the Interstate Commerce Commission Termination Act (ICCTA), many State or local regulations are preempted with respect to rail transportation including zoning and land use regulation, construction and environmental permitting of rail facilities and other activities that have the effect of regulating railroad operations. While certain types of rail projects are covered by ICCTA, the 5TB recently declined to extend those protections to rail-served customer-owned facilities, even when a city planning commission's primary reason for denying authorization for a project was based on key aspects of service to the facility by a freight railroad. The Administration and/or Congress should: 1. Direct the SurfaceTransportationBoard (STB),which hasjurisdictionunder ICCTA,to intervene as requested by their railroad and shipperconstituentsto ensurethat State or local regulationsdo not block railroad projectsor otherwise limit transportation of important energy commodities. 2. Clarifythat ICCTApreemption can apply to rail-servedfacilities or expand the ICCTAfor the same purpose. 3. Statutorily prioritize project permitting for international commerce,ensuringthat international commerceis prioritized in the exerciseof State and localjurisdiction. 4. Requirethe scopeof state implementation of federal statutes to remain consistentwith that of federal regulatorsfor projectsin interstate commerce. AMERICA\J PVERSIGHT 2 CEQ0 50 FY 18091_ 00000 1968 CEQ-18-0173-I-000132 RE: LunchInvitefor Thursday,July27 at 12pmin the White HouseMess From: "Holland, Luke (lnhofe)" To: "Herrgott, Alex H. EOP/ CEQ" Date: Thu, 20 Jul 2017 17:16:38 -0400 I think he's going to come and go to Bible Study on Wednesday with the chiefs. -----Original Message----From: Hen-gott,Alex H. EOP/CEQ [mailto: Sent: Thursday, July 20.2017 3:06 PM To: Holland. Luke (lnhofe) Subject Re: Lunch Invite for Thmsday, July 27 at 12pm in the White House Mess Yah. Perhaps he can come after. Ask him. If not, I will help figure something out. Sent from my iPhone > On Jul 20, 2017. at 2:54 PM, Holland, Luke(lnhofe) wrote: > > During Bible Study??? > > -----Original Message----> From: Price, Wendi (Inhofe) > Sent: Thursday, July 20, 2017 2:30 PM > To: Holland, Luke (Inhofe) > Su~ject: FW: Lunch Invite for Thursday, July 27 at 12pm in lhe While House Mess > > This is during Bible Study, Thursday, July 27. 12-lprn. Regret'? > > ---- Original Message----> From: Scully, Bethany S. EOP/WHO [mailt > Sent: Thursday, July 20, 2017 2: 14 PM > To: Scully, Bethany S. EOP/WHO > Subject: Lunch lnvite for Thursday, July 27 at 12pm in the White House Mess > > All > > Reed Cordish (Assistant to the President for lntragovemmental and Technology Initiatives, and DJ Gribbin {Special Assistant to the President for Infrastructure) would like to invite you to lunch in the Wardroom of the White House Navy Mess. > > llle lunch would take place on Thursday, July 27 from 12:00PMto 1:00PM. > > TI1etopic of discussion for this lunch will be your boss' priorities for the Administration's proposed infrastmcmre package. AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 000000407 CEQ-18-0173-I-000133 > > Other invitees includerelevant subcommitteechairs from Banking, Commerce,and EPW. > > Please let me know if your boss can attend and will send security infomiation along. > > ll1anks, > > Bethany > > > Bethany Scully > Special Assistant to the President > Wbite House, Office of LegislativeAffairs > > > AMR N PVERSIGHT 2 CEQ050FY 18091_ 000000407 CEQ-18-0173-I-000134 Re: LunchInvitefor Thursday,July27 at 12pm in the White HouseMess From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1ebaef28486db7e75a45c 19c9813-herrgott, a"> To: "Holland, Luke (lnhofe)" Date: Thu, 20 Jul 2017 15:06:29 -0400 Yall. Perhaus b.ecan come aft.er. Ask him. lfnot, l will help figure something out. Sent from my iPhone > Oo Jul 20.2017 , at 2:54 PM, Holland, Luke {Iuhofe) wrote: > > During Bible Study'??? > > -----Original Message----> From: Price, Wendi (Inhofe) > Sent: Thursday, July 20, 2017 2 :30 PM > To: Holland, Luke Onhofe) > Sut>ject FW: Lunch Invite for Thursday, July 27 at 12pm in lhe While House Mess > > This is during Bible Study, Thursday, July 27. 12-lpm. Regret? > > -----Original Message----> From: Scully, Bethany S. EOP/WHO [mailto > Sent: Thursday, July 20, 2017 2:14 PM > To: Scully, Bethany S. BOP/WHO > Sut>ject:Lunch Invite for Thursday, July 27 at 12pm in the White House Mess >Allo > > Reed Cordish (Assislanl to the President for lntragovennuental and Teclmology lnilialives, and DJ Gribbin (Special Assistant to the President for Infrastructure) would like to invite you to lunch in the Wardroom of the White HouseNavyMess. > > Tbe lunch would take place on Thursday, July 27 from 12:00PMto I :00PM. > > TI1etopic of discussion for this lunch will be your boss' priorities for the Administralion's proposed infrastructure package. > > Other invitees include relevant subcommittee chairs from Banking, Commerce, and EPW. > > Please let me know if your boss can attend and will send security information along. > > TI1anks, AMR AN PVERSIGHT 1 CEQ050FY 18091_ 000001961 CEQ-18-0173-I-000135 > > Bethany > > > Bethany Scully > Special Assistant to the President > White House, Office of Legislative Affairs > > > > PVERSIGHT 2 C EQ050FY 18091 _ 000001961 CEQ-18-0173-I-000136 Re: LunchInvitefor Thursday,July27 at 12pm in the White HouseMess From: To: "Holland, Luke (lnhofe)" Date: Thu, 20 Jul 2017 15:06:29 -0400 Yah. Perhaps he can come after. Ask him. If not, I will help figuresomethingout. Sent from my iPhone > On Jul 20, 2017, at 2:54 PM, Holland, Luke (lnhofe) wrote: > > During Bible Study??? > > -----Original Message----> From: Price, Wendi (lnhofe) > Sent: Thursday,July 20, 2017 2:30 PM > To: Holland, Luke (Inhofe) > Su~ject:FW: Lunch Invite for Thursday, July 27 at 12pm in the White House Mess > > This is during Bible Study, Thursday, July 27. 12-Ipm. Regret? > > -----Original Message----> From: Scully, BetJ1anyS. EOP/WHOlmailto > Sent Thursday, July 20, 2017 2:14 PM > To: Scully, Bethany S. EOP/WHO > Su~ject: Lunch Invite for Thursday, July 27 at 12pm in the White House Mess > > All > > Reed Cordish (Assistant to the President for lntragovemrnentaland TechnologyInitiatives. and DJ Gribbin (Special Assistant to the President for Infrastructure)would like to invite you to lunch in the Wardroomof the White House Navy Mess. > > llle lunch would take place on Thursday, July 27 from 12:00PMto I :O0PM. > > The topic of discussion for this lu11chwill be your boss' priorities for the Administration'sproposed infrastructure package. > > Otl1erinvitees include relevant subcommitteechairs from Banking,Commerce, and EPW. > > Please let me know if your boss can attend and will send security informationalong. > >Thanks. > > Bethany AMR AN PVERSIGHT 1 CEQ050FY18091 _00000273 4 CEQ-18-0173-I-000137 > > > Bethany Scully > Special Assistantto the President > White House,Office of LegislativeAffairs > > > > AMR AN PVERSIGHT 2 CEQ050FY18091_000002734 CEQ-18-0173-I-000138 RE: SenatorSullivanNEPA and Infrastructure PackageRound Table From: "Wiegard, Pierce (Sullivan)" To: "Herrgott, AJexH. EOP/CEQ" Date: Mon, 24 Jul 2017 15:22:18 -0400 Just got the call that with the health care vote and potential vote-a -rama, my boss has decided to push it to next week or the week after . Will call with further details once I get some time to talk with him further . From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, July 24, 201711:49 AM To: Wiegard, Pierce (Sullivan) Subject: RE: Senator Sullivan NEPA and Infrastructure Package Round Table Pierce, Has anything developed on this one for this week? Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality From:Wiegard, Pierce (Sullivan) [mai lto :Pierce Wiegard@sullivan .senate .gov ] Sent: Monday, July 17, 2017 12:14 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Se11atorSullivan NEPA and Infras tr ucture Package Round Table Not a problem. Tentative date is next Thursday at some time between 3 to 5 pm. Will call over a little later this afternoon to discuss further . From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, July 17, 2017 12:13 PM To: Wiegard, Pierce (Sullivan) Subject: RE: Senator Sullivan NEPA and Infrastructure Package Round Table Pierce, I apologize for not getting back to you sooner . Has this roundtable been set yet? AMR AN PVERSIGHT 1 CEQ050FY18091_000000398 CEQ-18-0173-I-000139 Give me a call anytime Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality From:Wiegard, Pierce (Sullivan) (mailto:Pierce Wiegard@sullivan.senate .gov ] Sent: Monday, July 10, 2017 1:07 PM > To: Herrgott, Alex H. EOP/CEQ Subject:Senator Sullivan NEPA and Infrastructure Package Round Table Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wanted to pass on my boss's NEPA and Infrastructure bill discussion draft. He is looking to put together a round table or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O'Sullivan from LIUNA, and we were wondering if you would consider joining the discussion for the administration. The event will likely be linked with introduction of our bill. Happy to chat further, or you feel free to call ErikElam, our LD. Pierce Wiegard Legislative Counsel Office of U.S. Senator Dan Sullivan PVERSIGHT 2 CEQ050FY18091_000000398 CEQ-18-0173-I-000140 RE: SenatorSullivanNEPA and Infrastructure PackageRound Table From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1ebaef28486db7e75a45c 19c9813-herrgott, a"> To: "Wiegard, Pierce (Sullivan)" Date: Mon, 24 Jul 2017 11:49:07 -0400 Pierce, Has anything deve loped on this one for this week? Alexander Herrgott Associate Director for Infrastructure Council on Environmenta l Quality From:Wiegard, Pierce (Sullivan) [mailto:Pierce_Wiegard@sullivan.senate.gov] Sent : Monday, July 17, 201712:14 PM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Senator Sullivan NEPA and Infrastructure Package Round Table Not a problem. Tentative date is next Thursday at some time between 3 to 5 pm. Wi ll call over a little later this afternoon to discuss further . From: Herrgott, Alex H. EOP/CEQ[mailto Sent : Monday, July 17, 201712:13 PM To: W iegard, Pierce (Sullivan) Subject: RE: Senator Sullivan NEPA and Infr astructure Package Round Table Pierce, I apologize for not getting back to you sooner . Has this roundtable been set yet? Give me a call anytime Alexander Herrgott Associate Director for Infrastruc t ure Council on Environmenta l Quality AMR AN PVERSIGHT 1 CE Q050FY 18091 _ 00000195 4 CEQ-18-0173-I-000141 From: Wiegard, Pierce (Sullivan) [mai lto:Pierce Wiegard@sullivan.senate.gov ] Sent: Monday, July 10, 2017 1:07 PM To: Herrgott, Alex H. EOP/CEQ Subject:Senator Sullivan NEPA and Infrastructure Package Round Table Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wanted to pass on my boss's NEPA and Infrastructure bill discussion draft. He is looking to put together a round table or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O'Sullivan from LIUNA, and we were wondering if you wou Id consider joining the discussion for the administration. The event will likely be linked with introduction of our bill. Happy to chat further, or you feel free to call Erik Elam, our LD. Pierce Wiegard LegislativeCounsel Office of U.S. Senator Dan Sullivan AMR N PVERSIGHT 2 C EQ050FY 18091 _ 00000195 4 CEQ-18-0173-I-000142 RE: Infrastructu re Chat From To: "Arnakis, Adrian (Commerce)" "Lai, Joseph G. EOP/WHO " "Herrgott, Alex H. EOP/CEQ" Cc: Date: >, "Rossi, Nick (Commerce)" Wed, 02 Aug 2017 13:21:32 -0400 Perfect, I have a 2PM and 3PM and then am free the rest of the time . From: Lai, Joseph G. EOP/WHO [mailt Sent: Wednesday, August 2, 2017 1:15 PM To: Arnakis, Adrian (Commerce) Cc: Herrgott, Alex H. EOP/CEQ >; Rossi, Nick (Commerce) Subject: Re: Infrastructure Chat Derek Kan and I had a good chat last night. I'm on the Hill all day with a nominee. I'll try to stop by before the end of the day. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 1:11 PM, Arnakis, Adrian (Commerce) wrote: Great, give me a ring when you have a minute. Yes members. - -------- Original message -------From: "Lai, Joseph G. EOP/WHO" Date: 8/2/17 1:03 PM (GMT-05:00) AMR AN PVERSIGHT > 1 C EQ050F Y 1809 1_0000020 16 CEQ-18-0173-I-000143 To: "Arnakis, Adrian (Commerce)" <:...; Aa,;; d.:.; ri""' a'-'n....:..;.:.==.:.: ::.,... =~:.:.=-=:a=:-,,.;:;.=~ Cc: "Herrgott, Alex H. EOP/CEQ" " Rossi, Nick (Commerce)" Subject: Re: Infrastructure Chat I can facilitate. This is a member discussion, yes? let's chat some more before the end of the week and I'll put together a proposal from our end. Joseph Lai Special Assistant to the President legislative Affairs Sent from my iPhone On Aug 2, 2017, at 12:18 PM, Arnakis, Adrian (Commerce) wrote: Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20 th. Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama AMR N PVERSIGHT 2 CEQ050FY18091_000002016 CEQ-18-0173-I-000144 Re: Infrastructure Chat From To : "Lai, Joseph G. EOP/W HO" > "Arnakis, Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" Cc: Date: , "Rossi, Nick (Commerce)" Wed, 02 Aug 2017 13:15:13 -0400 Derek Kan and I had a good chat last night. I'm on the Hill all day with a nominee. I'll try to stop by before the end of the day. Joseph Lai Special Assistant to the President Legislative Affairs Sent frommy iPhone On Aug 2, 2017. at 1:11 PM, Amakis, Adrian (Commerce) wrote: Great, give me a ring when you have a minute. Yes members. 1111 -------- Ori ginaI message -------From: "Lai. Joseph G. EOP/WHO" Date: 8/2/ l 7 1:03 PM(GMT-05 :00) To: "Amak.is, Adrian (Commerce)" Cc: "Herrgott, Alex H. EOP/CEQ" , "Rossi, Nick (Commerce)'' Subject: Re: rnfrastnichtre Chat I can facilitate. T11isis a member discussion. yes? Let's chat some more before the end of the week and I'll put together a proposal from our end. Joseph Lai Special Assistant to the President Legislative Affairs AMR AN PVERSIGHT 1 C EQ050FY18091 _000002019 CEQ-18-0173-I-000145 Sent from my iPhone On Aug 2, 2017, at 12: 18 PM, Amakis, Adrian (Commerce) wrote: Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20 th . Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama 2 CEQ050FY18091_000002019 CEQ-18-0173-I-000146 Re: Infrastructure Chat From To: Cc: Date: "Arnak:is, Adrian (Commerce)" "Lai, Joseph G. EOP/WHO" "Herrgott, Alex H. EOP/CEQ" > , "Rossi, Nick (Commerce)" Wed, 02 Aug 2017 13:11:19 -0400 Great,give me a ring whenyou havea minute. Yes members. 85388 -------- OriginaI message -------From: "Lai, Joseph G. EOP/WHO'' Date: 8/2/1 7 1:03 PM (GMT-05 :00) To: "Arnakis, Adrian (Commerce)" Cc: "Herrgott,Alex H. EOP/CEQ" , "Rossi, Nick (Commerce)" Subject: Re: lnfrastmctureChat I can facilitate.This is a memberdiscussion, yes'! Let's chat some more before the end of the week and I'll put togethera proposal from our end. Joseph Lai Special Assistant to the President Le gislativ e Affairs Sent frommy iPhone On Aug 2, 2017. at l 2: 18 PM, Arnakis, Adrian (Commerce) wrote: Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20 th . Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama AMR AN PVERSIGHT 1 CEQ050FY18091 _00000202 2 CEQ-18-0173-I-000147 Re: Infrastructure Chat From To: "Lai, Joseph G. EOP/WHO" "Arnakis, Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" Cc: Date: > , "Rossi, Nick (Commerce)" Wed, 02 Aug 2017 13:02:50 -0400 I can facilitate. This is a member discussion, yes? Let's chat some more before the end of the week and I'll put together a proposal from our end. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017. at 12:18 PM, Amakis. Adrian (Commerce) wrote: Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20th o Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama AMR N PVERSIGHT 1 CEQ050FY18091 _00000202 5 CEQ-18-0173-I-000148 Infrastructure Chat From To: "Arnakis, Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" > , "Lai, Joseph G. EOP/WHO" Cc: "Rossi, Nick (Commerce)" Date: Wed, 02 Aug 2017 12:18:01 -0400 Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20th o Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama AMR N PVERSIGHT 1 CEQ050FY18091_000002029 CEQ-18-0173-I-000149 PermittingEO "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group From: (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e 75a45c19c9813-herrgott, a"> To: amanda_neely@hsgac.senate.gov Date: Tue, 15 Aug 2017 15:20:14 -0400 Attachments AMERICA\J PVERSIGHT Permitting EO - Fact Sheet (4).pdf (86.91 kB) 1 CEQ0 50 FY 18091_ 0000 01920 CEQ-18-0173-I-000150 PRESIDENT DONALD J.TRUMP WORKS TO REBUILD AMERICA'S INFRASTRUCTURE "Crumbling infrastructurewill be replacedwith new roads,bridges,tunnels, airports,and railwaysgleaming acrossour ven;, ven; beautifulland." - PresidentDonaldJ.Trump MODERNIZING AN OUTDATED SYSTEM: The Federal Government's system for completing environmental reviews is fragmented, inefficient, and unpredictable to the American people. o o Because of the burdens, delays, and uncertainties created by Federal red tape, major infrastructure projects are held up for years at significant cost to our economy. o According to a 2014 Government Accountability Office (GAO) report, it takes 7 years on average for a complex highway project to go through the entire environmental review process. o According to the National Association of Environmental Professionals, a single agency takes 3.7 to 5 years on average to complete an environmental review. o One study has found that the average delay of 6 years for major infrastructure projects costs the United States economy over $3.7 trillion dollars. Currently, the Federal Government does not adequately assess the costs of completing Federal environmental analyses for major infrastructure projects. o The Executive Order will require agencies to track the costs of conducting environmental reviews and making permitting decisions. REMOVING ROADBLOCKS TO IMPROVED INFRASTRUCTURE: Today, President Donald Trump signed an Executive Order entitled, "Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects." o o J. The Executive Order will make the necessary environmental reviews and permitting decisions for major infrastructure projects more efficient. o Rather than the current uncoordinated patchwork of agency reviews, this Executive Order implements a One Federal Decision policy under which the lead Federal agency works with other relevant Federal agencies to complete the environmental reviews and permitting decisions needed for major infrastructure projects. o After each agency signs a joint Record of Decision, all decisions on Federal permits should be made within 90 days. o The order establishes a two-year goal for agencies to process environmental documents for major infrastructure projects. The Trump Administration will review the entire environmental review and permitting process to improve performance across the Government and hold every agency accountable. Under this order: o The Council on Environmental Quality (CEQ) will develop and implement an action plan to improve environmental reviews Government-wide. o CEQ can mediate disagreements between agencies over environmental reviews, so decisions are not delayed amid bureaucratic disputes. o The Office of Management and Budget (0MB) will develop a two-year Governmentwide modernization goal for environmental reviews and permitting decisions, and will ensure that agencies take meaningful steps to achieve it. o Agencies will modify their strategic plans to include goals for improving their environmental review and permitting processes, and agency officials will be accountable for showing improvement, consistent with guidance to be provided by 0MB. VERSIGHT CEQ050FY18091_000001921 CEQ-18-0173-I-000151 o o 0MB will establish a performance accountability system and score each agency on its implementation of the Executive Order. Poor performance will be considered in budget formulation and could result in the imposition of penalties. o Agencies will also be held accountable for implementing best practices that are proven to enhance the environmental review and permitting process. The Executive Order makes clear that environmental protections will be maintained and can be achieved without the inefficiencies that needlessly impede infrastructure projects across the country. BUILDING ON PAST SUCCESS: President Trump has made infrastructure a priority and has taken action to rebuild America. o o o President Trump has unleashed oil and gas development in the United States by expanding access to resources and the infrastructure needed to get them to market. o President Trump approved the Keystone XL and Dakota Access pipelines, estimated to create more than 42,000 jobs and $2 billion in earnings. o President Trump signed an Executive Order mandating future pipeline work to be done by American workers and with American steel where feasible. President Trump has dedicated $200 billion in the budget as part of a $1 trillion infrastructure investment plan. o Rural America will receive grants to rebuild crippled bridges, roads, and waterways. o States and cities will receive grants to encourage increased investment in their own infrastructure. o Lending programs will be expanded to spur development of transportation, water, and other core infrastructure. Government will get out of the way to allow State and local governments to effectively meet their unique challenges. o Less than one-fifth of infrastructure spending comes from the Federal Government; the vast majority comes from States, localities, and the private sector. VERSIGHT 2 CEQ050FY18091_000001921 CEQ-18-0173-I-000152 PermittingEO "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group From: (fydibohf23spdlt)/cn=recipients/cn=c7ce1 ebaef28486db 7e 75a45c19c9813-herrgott, a"> To: luke_holland@inhofe.senate.gov Date: Tue, 15 Aug 2017 14:30:55 -0400 Attachments AMERICA\J PVERSIGHT Permitting EO - Fact Sheet (4).pdf (86.91 kB) 1 CEQ0 50F Y18091_ 00000 1931 CEQ-18-0173-I-000153 PRESIDENT DONALD J.TRUMP WORKS TO REBUILD AMERICA'S INFRASTRUCTURE "Crumbling infrastructurewill be replacedwith new roads,bridges,tunnels, airports,and railwaysgleaming acrossour ven;, ven; beautifulland." - PresidentDonaldJ.Trump MODERNIZING AN OUTDATED SYSTEM: The Federal Government's system for completing environmental reviews is fragmented, inefficient, and unpredictable to the American people. o o Because of the burdens, delays, and uncertainties created by Federal red tape, major infrastructure projects are held up for years at significant cost to our economy. o According to a 2014 Government Accountability Office (GAO) report, it takes 7 years on average for a complex highway project to go through the entire environmental review process. o According to the National Association of Environmental Professionals, a single agency takes 3.7 to 5 years on average to complete an environmental review. o One study has found that the average delay of 6 years for major infrastructure projects costs the United States economy over $3.7 trillion dollars. Currently, the Federal Government does not adequately assess the costs of completing Federal environmental analyses for major infrastructure projects. o The Executive Order will require agencies to track the costs of conducting environmental reviews and making permitting decisions. REMOVING ROADBLOCKS TO IMPROVED INFRASTRUCTURE: Today, President Donald Trump signed an Executive Order entitled, "Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects." o o J. The Executive Order will make the necessary environmental reviews and permitting decisions for major infrastructure projects more efficient. o Rather than the current uncoordinated patchwork of agency reviews, this Executive Order implements a One Federal Decision policy under which the lead Federal agency works with other relevant Federal agencies to complete the environmental reviews and permitting decisions needed for major infrastructure projects. o After each agency signs a joint Record of Decision, all decisions on Federal permits should be made within 90 days. o The order establishes a two-year goal for agencies to process environmental documents for major infrastructure projects. The Trump Administration will review the entire environmental review and permitting process to improve performance across the Government and hold every agency accountable. Under this order: o The Council on Environmental Quality (CEQ) will develop and implement an action plan to improve environmental reviews Government-wide. o CEQ can mediate disagreements between agencies over environmental reviews, so decisions are not delayed amid bureaucratic disputes. o The Office of Management and Budget (0MB) will develop a two-year Governmentwide modernization goal for environmental reviews and permitting decisions, and will ensure that agencies take meaningful steps to achieve it. o Agencies will modify their strategic plans to include goals for improving their environmental review and permitting processes, and agency officials will be accountable for showing improvement, consistent with guidance to be provided by 0MB. VERSIGHT CEQ050FY18091_000001932 CEQ-18-0173-I-000154 o o 0MB will establish a performance accountability system and score each agency on its implementation of the Executive Order. Poor performance will be considered in budget formulation and could result in the imposition of penalties. o Agencies will also be held accountable for implementing best practices that are proven to enhance the environmental review and permitting process. The Executive Order makes clear that environmental protections will be maintained and can be achieved without the inefficiencies that needlessly impede infrastructure projects across the country. BUILDING ON PAST SUCCESS: President Trump has made infrastructure a priority and has taken action to rebuild America. o o o President Trump has unleashed oil and gas development in the United States by expanding access to resources and the infrastructure needed to get them to market. o President Trump approved the Keystone XL and Dakota Access pipelines, estimated to create more than 42,000 jobs and $2 billion in earnings. o President Trump signed an Executive Order mandating future pipeline work to be done by American workers and with American steel where feasible. President Trump has dedicated $200 billion in the budget as part of a $1 trillion infrastructure investment plan. o Rural America will receive grants to rebuild crippled bridges, roads, and waterways. o States and cities will receive grants to encourage increased investment in their own infrastructure. o Lending programs will be expanded to spur development of transportation, water, and other core infrastructure. Government will get out of the way to allow State and local governments to effectively meet their unique challenges. o Less than one-fifth of infrastructure spending comes from the Federal Government; the vast majority comes from States, localities, and the private sector. VERSIGHT 2 CEQ050FY18091_000001932 CEQ-18-0173-I-000155 TIFIA legislation From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce 1ebaef28486db7e75a45c 19c9813-herrgott, a"> To: "Smith, Madison (Cornyn)" Date: Fri, 18 Aug 2017 20:29 :20 -0400 Hey Madison, Didn't you have something you put together at some point?. Hope all is well buddy. Talk soon. Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality AMR N PVERSIGHT 1 CEQ050FY18091 _000001929 CEQ-18-0173-I-000156 Re: TIFIA legislation From: "Smith, Madison (Cornyn)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 21 Aug 2017 11 ;55:08 -0400 Attach ments: EOW17171 _XML.doc (33.79 kB) Hey Alex, Attached is the latest iteration of our legislation. I will note, however, that BAB at USDOT has pushed back on some of the provisions so we're considering some changes to appease them. We would welcome your thoughts on our proposal and your thoughts on a strategy to get this done. It's a priority for Sen. Cornyn. MMS From: Alex Herr gott Date: Friday, August 18, 2017 at 8:29 PM To: Madison Smith Subject: TIFIA legislation Hey Madison, Didn't you have something you put together at some point?. Hope all is well buddy. Talk soon. Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality AMR N PVERSIGHT 1 C EQ050F Y 18091 _ 000000 4 17 CEQ-18-0173-I-000157 Senate Legislative Counsel Draft Copy of O:\EDW\EDW17171.XML 1 2 Title: To amend title 23, United States Code, to improve the transportation infrastructure finance and innovation (TIFIA) program, and for other purposes. 3 4 5 6 1 8 9 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM. (a) Eligibility.-Section 602(a) of title 23, United States Code, is amended- (1) in paragraph (2)- 10 (A) in subparagraph (A)- 11 12 (i) by striking clause (ii) and inserting the following: 13 "(ii) adequate coverage requirements to ensure repayment, which shall- 14 15 16 "(I) be defined by the Secretary using an average ratio of net revenues to debt service for credit assistance under the TIFIA program, at levels consistent across similar projects; and 17 18 "(II) include separate adequate coverage requirements, as determined by the Secretary, if the Federal credit instrument is- 19 "(aa) the senior debt; or 20 "(bb) a subordinate debt;"; and (ii) in clause (iv), by striking "$75,000,000" and inserting "$150,000,000"; and 21 (B) in subparagraph (B), by striking "$75,000,000" and inserting "$150,000,000"; 22 (2) in paragraph (8), in the matter preceding subparagraph (A)- 23 (A) by striking "APPLICATIONS" and inserting "LETTERSOFINTEREST AND APPLICATIONS"; and 24 25 (B) by inserting "a letter of interest under paragraph (1) or" after "submit to the Secretary"; and 26 27 (3) in paragraph (10), by striking subparagraph (A) and inserting the following: 28 "(A) IN GENERAL.-Except as provided in subparagraph (B), to be eligible for assistance under the TIFIA program, the applicant shall demonstrate that the public agency process for contracting for project construction or major equipment acquisition- 29 30 31 32 33 "(i) commenced prior to the application for credit assistance; and 34 "(ii) is continuing or completed.". 35 36 (b) Selection Among Eligible Projects.-Section amended- 602(b) of title 23, United States Code, is [APG] [AD] 9:55AM VERSIGHT CEQ050FY18091_000000418 CEQ-18-0173-I-000158 Senate Legislative Counsel Draft Copy of O:\EDW\EDW17171.XML 1 2 (1) in paragraph (1), by striking "rolling application process" and inserting "rolling process for applications and letters of interest"; and 3 (2) by adding at the end the following: 4 "( 4) PRIORITIZATION OFELIGIBLE PROJECTS.- 5 "(A) FINDINGS.-Congress finds that it is in the public interest to develop and implement a prioritization process to improve the efficiency and effectiveness of the TIFIA program and, by extension, the transportation system of the United States. 6 7 "(B) PROCESS.-Not later than 180 days after the date of enactment of this paragraph, the Secretary shall establish a prioritization process for project review and approval using scoring criteria based on objective and quantifiable analysis that takes into account- 8 9 10 11 12 "(i) the projected positive economic impact of the project; 13 "(ii) the amount of private sector capital invested as equity in the project; 14 "(iii) the transfer ofrisk from the public sector to private sector investors; and 15 "(iv) the projected benefits of the project for job creation and congestion relief. "(C) ELIGIBILITY.-A project shall receive priority under the prioritization process established under subparagraph (B) if, as determined by the Secretary, the project meets each of the following criteria: 16 17 18 19 20 "(i) The project seeks assistance under the TIFIA program in an amount of not less than $200,000,000. 21 "(ii) The project is likely to result in a significant positive economic impact. 22 "(iii) The project transfers a significant amount of performance risk to the private sector.". 23 24 25 26 ( c) Letter of Interest and Application Processing Procedures.-Section 602 of title 23, United States Code, is amended by striking subsection (d) and inserting the following: "( d) Letter of Interest and Application Processing Procedures.- "( 1) LETTEROFINTEREST.- 27 ["(A) PURPOSE.-The purpose of this paragraph is to accelerate the application process by allowing an applicant to submit a letter of interest, which allows the Secretary to begin the due diligence review earlier in the application process.] 28 29 30 "(B) REQUIREMENTS.- 31 33 34 i) IN GENERAL.-A letter of interest shall provide the Secretary with sufficient information to determine actual satisfaction of the eligibility requirements other than creditworthiness, and a reasonable expectation of creditworthiness. 35 36 "(ii) No ADDITIONAL INFORMATIONREQUIRED.-The Secretary shall not require any information other than the information described in section 601(a). 32 "( "(C) DUEDILIGENCE MATERIALS.- 37 [APG] [AD] 9:55AM VERSIGHT 2 CEQ050FY18091_000000418 CEQ-18-0173-I-000159 Senate Legislative Counsel Draft Copy of O:\EDW\EDW17171.XML "( i) IN GENERAL.-An applicant may submit a letter of interest with or without 1 a preliminary rating opinion letter, a working financial model, or a traffic and revenue study, if applicable. 2 3 "(ii) MATERIALS NOTSUBMITTED.-Ifthe letter of interest is submitted without the materials described in clause (i), the Secretary may- 4 5 "(I) require all or part of the materials in order to establish a reasonable expectation of creditworthiness; or 6 7 "(II) defer receipt and evaluation of the materials to the application stage. 8 "(D) NOTICEOFCOMPLETE LETTEROFINTEREST.-Not later than 30 days after the date on which the Secretary receives a letter of interest under subparagraph (C), the Secretary shall provide to the applicant a written notice that describes whether- 9 10 11 "(i) the letter of interest is complete; or 12 14 15 "(ii) additional information or materials are needed to complete the eligibility determination, including identification of the additional information or materials requested. 16 17 18 19 "(2) RESPONSETOLETTEROFINTEREST.-Not later than 60 days after the date on which the letter of interest and all materials required under paragraph (1) have been received (as determined by the Secretary), the Secretary shall provide to the applicant a written notice that states that- 13 "(A)(i) the project is eligible or reasonably expected to meet eligibility requirements; and 20 21 "(ii) the applicant may submit an application for the project; or 22 "(B)(i) the project is ineligible and identifies areas and clarifications that should be addressed in a future application; and 23 24 ["(ii) the applicant may submit an application for the project if the application addresses the areas and clarifications identified under clause (i).] 25 26 27 28 29 30 31 32 "(3) APPLICATION.-After the applicant receives a written notice under paragraph (2), the applicant may submit an application, including any additional areas and clarifications identified under paragraph (2)(B), if applicable. "( 4) APPROVAL ORDENIALOFAPPLICATION.-Notlater than 30 days after the date on which the Secretary receives an application under paragraph (3), the Secretary shall provide to the applicant a written notice that states that- 33 "(A) the Secretary has approved the application; or 34 "(B) the Secretary has denied the application.". 35 36 (d) Traffic and Revenue Studies.-Section adding at the end the following: 602 of title 23, United States Code, is amended by 37 38 39 "(f) Traffic and Revenue Studies.-The Secretary shall issue guidance on practices and standards for traffic and revenue studies, consistent with industry best practices, acceptable for determining creditworthiness of a Federal credit instrument secured by toll revenues, including [APG] [AD] 9:55AM VERSIGHT 3 CEQ050FY18091_000000418 CEQ-18-0173-I-000160 Senate Legislative Counsel Draft Copy of O:\EDW\EDW17171.XML 1 2 for managed lane projects.". (e) Application Process Report.-Section 609(b) of title 23, United States Code, is amended- 3 (1) in paragraph (1), by striking "from project sponsors"; and 4 (2) in paragraph (2)(A}- 5 (A) in clause (ii), by inserting "letter of interest or" before "application"; and 6 (B) in clause (iii), by inserting "letter of interest or" before "application". 7 8 9 (f) Status Reports.-Section end the following: "( 609 of title 23, United States Code, is amended by adding at the c) Status Reports.- 10 "( 1) IN GENERAL.-The Secretary shall publish on the website for the TIFIA program- 11 12 "(A) on a monthly basis, a current status report on all submitted letters of interest and applications received for assistance under the TIFIA program; and 13 "(B) on a quarterly basis, a current status report on all approved applications for assistance under the TIFIA program. 14 15 16 "(2) INCLUSIONS.-Eachmonthly and quarterly status report under paragraph (1) shall include, at a minimum, with respect to each project included in the status report- 17 "(A) the name of the party submitting the letter of interest or application; 18 "(B) the name of the project; 19 "(C) the date on which the letter of interest or application was received; 20 "(D) the estimated project eligible costs; 21 "(E) the type of credit assistance sought; 22 "(F) the amount of assistance sought; 23 "(G) the anticipated fiscal year and quarter for closing of the credit assistance; and 24 "(H) the status of the State approval of the project.". [APG] [AD] 9:55AM VERSIGHT 4 CEQ050FY18091_000000418 CEQ-18-0173-I-000161 RE: Infrastructure Chat From To: Cc: Date: "Arnakis, Adrian (Commerce)" "Lai, Joseph G. EOP/WHO" "Herrgott, Alex H. EOP/CEQ" >, "Rossi, Nick (Commerce)" Fri. 25 Aug 2017 09:53:35 -0400 Hi Joe - Just wanted to follow up on this . How is it looking for some membe r level discussion on September 20th . Our preference would be to do something in the morning - say 10 or 11 - as that is our normal hearing time so members usually have it blocked off on their calendar . Any updates? From: Arnakis, Adrian (Commerce) Sent: Wednesday, August 2, 20171:22 PM To: 'Lai, Joseph G. EOP/WHO' Cc:Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure Chat ; Rossi, Nick (Commerce) Perfect, I have a 2PM and 3PM and then am free the rest of the time . From: Lai, Joseph G. EOP/WHO [mailt Sent: Wednesday, August 2, 20171:15 PM To: Arnakis, Adrian (Commerce) <~A~d~ri~an~~-~~~~~~~~~ Cc: Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructure Chat Derek Kan and I had a good chat last night. I'm on the Hill all day with a nominee. I'll try to stop by before the end of the day. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone AMR AN PVERSIGHT 1 CEQ050FY18091 _000000360 CEQ-18-0173-I-000162 On Aug 2, 2017, at 1:11 PM, Arnakis, Adrian (Commerce) wrote: Great, give me a ring when you have a minute. Yes members. - -------- Original message -------? From: "Lai, Joseph G. EOP/WHO" Date: 8/2/17 1:03 PM (GMT-05:00) To: "Arnaki s, Adrian (Commerce) " Cc: "Herrgott, Alex H. EOP/CEQ" , "Rossi, Nick (Commerce)" Subject: Re: Infrastructure Chat I can facilitate. This is a member discussion, yes? Let's chat some more before the end of the week and I'll put together a proposal from our end. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 12:18 PM, Arnakis, Adrian (Commerce) wrote: Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 2oth. Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama AMR N PVERSIGHT 2 CEQ050FY18091_000000360 CEQ-18-0173-I-000163 Re: Infrastructure Chat From Alexander Herrgott To: "Arnakis, Adrian (Commerce)" ''Lai, Joseph G. EOP/WHO " Cc: Date: >, "Rossi, Nick (Commerce)" Mon, 28 Aug 2017 15:22:41 -0400 Alas he is back. Did you get a hold of him Sent from my iPhone On Aug 28. 2017. at 2:34 PM. Amakis . Adrian (Commerce) wrote: Alex it looks like Joe is out of town. Do you have time to chat about this? My direct is Thanks . From: Arnakis, Adrian (Commerce) Sent: Friday, August 25, 2017 9:54 AM To: 'Lai, Joseph G. EOP/WHO' Cc:'Her rgott, Alex H. EOP/CEQ' Subject: RE: Infrastructure Chat >; Rossi, Nick (Commerce) Hi Joe - Just wanted to follow up on this. How is it looking for some member level discussion on September 20 th . Our preference would be to do something in the morning - say 10 or 11- as that is our normal hearing time so members usually have it blocked off on their calendar . Any updates? From: Arnakis, Adrian (Commerce) Sent: W ednesday, August 2, 20171:22 PM To: 'Lai, Joseph G. EOP/WHO' Cc:Herrgott , Alex H. EOP/CEQ Subject: RE: Infrastructure Chat Rossi, Nick (Commerce) Perfect, I have a 2PM and 3PM and then am free the rest of the time . From: Lai, Joseph G. EOP/WHO [mailt Sent: Wednesday, August 2, 20171:15 PM AMR AN PVERSIGHT 1 C EQ050 FY 1809 1_00000 0222 CEQ-18-0173-I-000164 To: Arnakis, Adrian (Commerce) <'-' A"" da..ar i""' an:..a......:. ~='-"-""'-=.:.="-'-"'-:.=:::="-'-"'-:..::a.:,:,.;:;..:. Cc: Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Chat Derek Kan and I had a good chat last night. I'm on the Hill all day with a nominee. I'll try to stop by before the end of the day. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 1:11 PM, Arnakis, Adrian (Commerce) wrote: Great, give me a ring when you have a minute. Yes members. - -------- Original message -------From: "Lai, Joseph G. EOP/WHO" Date: 8/2/17 1:03 PM (GMT-05:00) To: "Arnakis, Adrian (Commerce)" <_A~d~ri_a_n~~~~--~~-~~~ Cc: "Herrgott, Alex H. EOP/CEQ" Subject: Re: Infrastructure Chat >, "Rossi, Nick (Commerce)" I can facilitate. This is a member discussion, yes? Let's chat some more before the end of the week and I'll put together a proposal from our end. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 12:18 PM, Arnakis, Adrian (Commerce) wrote: AMR AN PVERSIGHT 2 CEQ050FY18091 _000000222 CEQ-18-0173-I-000165 Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20 th . Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama 3 CEQ050FY18091_000000222 CEQ-18-0173-I-000166 Re: Infrastructure Chat From To: "Lai, Josep h G. EOP/W HO" "Herrgott, Alex H. EO P/CEQ" "Arnakis , Adrian (Commerce)" , Cc: "Ross i, Nick (Commerce)" Date: Mon, 28 Aug 20 17 16:24:38 -0400 We j ust met in person al Dirksen. I will type up an inlemal recommendaliou that Joseph Lai Special Assistant to tbe President Legislative Affairs Sent from my iPhone On Aug 28, 2017, al 3:22 PM, Herrgoll, Alex H. EOP/CEQ wrote: Alas he is back. Did you get a hold of him Se11tfrom my iPhone On Aug 28. 2017. at 2:34 PM. Amakis, Adrian (Commerce) wrote: Alex it looks like Joe is out of town. Do you have time to chat about th is? My direct is Thanks . From:Arnakis; Adrian (Commerce) Sent: Friday, August 25, 2017 9:54 AM To: 'Lai, Joseph G. EOP/W HO' Cc: 'Her rgott , Alex H. EOP/CEQ' ; Rossi, Nick (Commerce) Subject: RE: Infr ast ruct ure Chat Hi Joe - Just wanted to follow up on this. How is it looking for some member level discussion on September 20 th. Our preference would be to do something in the morning - say 10 or 11- as that is ou r no rmal hearing t ime so members usually have it blocked off on their calendar . AMR AN PVERSIGHT 1 Any updates? CE Q050FY 18091 _ 000000341 CEQ-18-0173-I-000167 From:Arnakis, Adrian (Commerce) Sent: Wednesday, August 2, 2017 1:22 PM To: 'Lai, Joseph G. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ ; Rossi, Nick (Commerce) Subject: RE: Infrastructure Chat Perfect, I have a 2PM and 3PM and then am free the rest of the t ime . From: Lai, Joseph G. EOP/WHO [mailt Sent: Wednesday, August 2, 2017 1:15 PM To : Arnakis, Adrian (Commerce) <_ A~ d_ ri~ an ~~~~~-~~~~~~ Cc: Herrgott, Alex H. EOP/CEQ<. >; Rossi, Nick (Commerce) Subject: Re: Infrastructure Chat Derek Kan and I had a good chat last night. I'm on the Hill all day with a nominee. I'll try to stop by before the end of the day. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 1:11 PM, Arnakis, Adrian (Commerce) wrote: Grec1l, give rne a ring when you have c1rninule. - Ye:. members. -------- Original message-------From: "Lai, Joseph G. EOP/WHO" Date: 8/2/17 1:03 PM (GMT-05:00) To: "Arnakis, Adrian (Commerce)" <~ A_ d~ ri~ a~ n~~~~~~~~~~~~ Cc: "Herrgott, Alex H. EOP/CEQ" >, "Rossi, Nick (Commerce)" Subject: Re: Infrastructure Chat AMR AN PVERSIGHT 2 CEQ050FY 18091_ 000000341 CEQ-18-0173-I-000168 I can facilitate. This is a member discussion, yes? Let's chat some more before the end of the week and I'll put together a proposal from our end. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 12:18 PM, Arnakis, Adrian (Commerce) wrote: Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20th o Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama AMR N PVERSIGHT 3 CEQ050FY 18091_ 000000341 CEQ-18-0173-I-000169 RE: Infrastructure Chat From: "Arnakis , Adrian (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 28 Aug 2017 16:19:43 -0400 He just stopped by. Thanks so much. -----Original Message----From: Herrgott, Alex H. EOP/CEQ [maillo Sent: Monday, August 28, 2017 3:23 PM To: Aruakis, Adrian (Collllllerce) Cc: Lai, Joseph G. EOP/WHO ; Rossi, Nick (Coilllllerce) Subject: Re: Infrastruct1ireCha t Alas he is back. Did you get a hold of him Sent from my iPhone On Aug 28, 2017, at 2:34 PM, Amakis, Adrian (Commerce) > wrote: Alex it looks lilceJoe is out of town. Do you have time to chat about this? My direct is- Thanks. From: Amakis, Adrian (Commerce) Sent: Friday, August 25, 20 I 7 9:54 AM > To: 'Lai, Joseph G. EOP/WHO' >; Rossi.Nick (Commerce) > Subject: RE: Infrastructure Chat Hi Joe o Jusl wanled lo follow up on this. How is it looking for some member level discussion on September 20th. Our preference would be to do something in the morning o say IO or l l o as ihat is our normal hearing time so members usually have it blocked off on their calendar. Any updates? From: Amakis, Adrian (Commerce) Sent: Wednesday, August 2, 2017 I :22 PM > To: 'Lai, Joseph G. EOP/WHO' Cc: Herrgott, Alex H. EOP/CE ; Rossi, Nick (Commerce) > Subject: RE: Infrastmcture Chat Perfect. I have a 2PM and 3PM and then am free the rest of the time. From: Lai. Joseph G. EOP/WHO [maiho Sent: Wednesday. August 2, 2017 1:15 PM AMR AN PVERSIGHT 1 CEQ050FY 18091 _ 00000034 4 CEQ-18-0173-I-000170 To: Arnakis, Adrian (Commerce) > Cc: Herrgolt, Alex H. EOP/CEQ ;Rossi.Nick (Commerce) > Subject: Re: lufrastructure Chat Derek Kan and I had a good chat last night. I'm on the Hill all day with a nominee. I'll try to st<>pby before the end of the day. JosepJ.1Lai Special Assistant to the President LegislativeAffairs >wrote: To: "Amakis , Adrian (Commerce)" > Cc: "Herrgott, Alex H. EOP/CEQ" , "Rossi, Nick (Commerce)" > Subject: Re: Iufras1.ructure Chat I can facilitate.This is a member discussion, yes? Let's chat some more before the end of the week and I'll put together a proposal fromour end. Joseph Lai Special Assistantto the President LegislativeAffairs >wrote: Hi All - Interested in getting you, DJ. and whomever else you want over to talk to R Colllillercemembers about Infrastnicture. likely on September 20th. Understand it is far away but wanted to get the ball rolling. Give me a ring and rcan give you some background about the request. ama AMR AN PVERSIGHT 2 CEQ050 FY 18091_ 000000344 CEQ-18-0173-I-000171 RE: Infrastructure Chat From To: "Arnakis, Adrian (Commerce)" "Lai, Joseph G. EOP/WHO" "Herrgott, Alex H. EOP/CEQ" Cc: Date: >, "Rossi, Nick (Commerce)" Mon, 28 Aug 2017 14:34:44 -0400 Alex it looks like Joe is out of town . Do you have time to chat about this? My direct is . Thanks. From:Arnakis, Adrian (Commerce) Sent: Friday, August 25, 2017 9:54 AM To: 'Lai, Joseph G. EOP/WHO' Cc:'Herrgott, Alex H. EOP/CEQ' >; Rossi, Nick (Commerce) Subject:RE: Infrastructure Chat Hi Joe - Just wanted to follow up on this. How is it looking for some membe r level discussion on September 20th . Our preference would be to do something in the morning- say 10 or 11-as that is our normal hearing time so members usually have it blocked off on their calendar. From:Arnakis, Adrian {Commerce) Sent: Wednesday, August 2, 20171:22 PM To: 'Lai, Joseph G. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructure Chat Any updates? >; Rossi, Nick (Commerce) Perfect, I have a 2PM and 3PM and then am free the rest of the time . From: Lai, Joseph G. EOP/WHO [mailt Sent: Wednesday, August 2, 2017 1:15 PM To: Arnakis, Adrian (Commerce) <'-'A=d'--'r i=an'-'--"-"-'-=~...c..cc~-'-'-"-~..=...oc-'-'=-'-=-'=-'Cc:Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Chat Derek Kan and I had a good chat last night. AMR AN PVERSIGHT 1 CEQ050FY18091 _0 00000355 CEQ-18-0173-I-000172 I'm on the Hill all day with a nominee. I'll try to stop by before the end of the day. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 1:11 PM, Arnakis, Adrian (Commerce) wrote: Great, give me a ring when you have a minute. Yes members. - -------- Original message -------From: "Lai, Joseph G. EOP/WHO" Date: 8/2/17 1:03 PM (GMT-05:00) > To: "Arna kis, Adr ian (Commerce)" <.A"" ""'d~ri.:::. a:.:. n....:..:.:~=........,"""-'""-'-'~='-""-'== = Cc: " Her rgott , Al ex H. EOP/CEQ" "Rossi, Nick {Commerce)" Subject: Re: Infrastructure Chat I can facilitate. This is a member discussion, yes? Let's chat some more before the end of the week and I'll put together a proposal from our end. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 12:18 PM, Arnakis, Adrian (Commerce) wrote: Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20 th. Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama AMR AN PVERSIGHT 2 C EQ0 50F Y 1809 1_ 00000 0355 CEQ-18-0173-I-000173 Re: Infrastructure Chat From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce 1ebaef28486db7e75a45c 19c9813-herrgott, a"> To: Cc: Date: "Arnak:is, Adrian (Commerce)" "Lai,Joseph G. EOP/WHO" , "Rossi, Nick (Commerce)" Mon, 28 Aug 2017 15:22:41 -0400 Alas he is back. Did you get a hold of him Sent from my iPhone On Aug 28. 2017. at 2:34 PM. Amakis . Adrian (Commerce) wrote: Alex it looks like Joe is out of town. Do you have time to chat about this? My direct is . Thanks . From:Arnakis, Adrian {Commerce) Sent: Friday, August 25, 2017 9:54 AM To: 'Lai, Joseph G. EOP/WHO' Cc:'Herrgott , Alex H. EOP/CEQ' ; Rossi, Nick (Commerce) Subject: RE: Infrastructure Chat Hi Joe - Just wanted to follow up on this. How is it looking for some member level discussion on September 20 th . Our preference would be to do something in the morning - say 10 or 11- as that is our normal hearing time so members usually have it blocked off on their calendar . Any updates? From:Arnakis, Adrian {Commerce) Sent: Wednesday, August 2, 20171:22 PM To: 'Lai, Joseph G. EOP/WHO' Cc: Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure Chat >; Rossi, Nick (Commerce) Perfect, I have a 2PM and 3PM and then am free the rest of the time . From: Lai, Joseph G. EOP/WHO [mailt Sent: Wednesday, August 2, 20171:15 PM AMR AN PVERSIGHT 1 CEQ050FY18091 _000002606 CEQ-18-0173-I-000175 To: Arnakis, Adrian (Commerce) <'"' A""' da..ar i"" an:.a....:. """-"'=""-""'-=-'-=~=-==~=:J:=;..:. Cc: Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Chat Derek Kan and I had a good chat last night. I'm on the Hill all day with a nominee. I'll try to stop by before the end of the day. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 1:11 PM, Arnakis, Adrian (Commerce) wrote: Great, give me a ring when you have a minute. Yes members. - -------- Original message -------From: "Lai, Joseph G. EOP/WHO" Date: 8/2/17 1:03 PM (GMT-05:00) To : "Arnakis, Adrian (Commerce)" <_A~d~ri_a_n~~~~--~~-~~~ Cc: "Herrgo t t, Alex H. EOP/CEQ" Subject: Re: Infrastructure Chat , " Rossi, Nick (Commerce)" I can facilitate. This is a member discussion, yes? Let's chat some more before the end of the week and I'll put together a proposal from our end. Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Aug 2, 2017, at 12:18 PM, Arnakis, Adrian (Commerce) wrote: AMR AN PVERSIGHT 2 CEQ050FY 18091_ 000002606 CEQ-18-0173-I-000176 Hi All - Interested in getting you, DJ, and whomever else you want over to talk to R Commerce members about Infrastructure, likely on September 20 th . Understand it is far away but wanted to get the ball rolling. Give me a ring and I can give you some background about the request. ama 3 CEQ050FY18091_000002606 CEQ-18-0173-I-000177 FW: WhiteHouseofficial:Infrastructu re principleswaitingon tax overhaul From: "Holland, Luke (lnhofe)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 13 Sep 2017 16:00:13 -0400 (C) From: POLI11co Pro I ransportation Whiteboard [mai lto:pol 1ticoemail@po1it1copro.com] Sent: Wednesday, September 13, 2017 3:39 PM To: Holland, Luke (lnhofe) Subject: White House official: Infrastructure principles waiting on tax overhaul By Andrew Restuccia and Lauren Gardner 09/13/2017 03:35 PM EDT The White House is working on a set of more-detailed principles for Congress to use to craft wide-ranging infrastructure legislation, but it won't appear until after policymakers make progresson a tax overhaul,an administrationofficialtold POLITICOtoday. "Our position is to be ready to go when the president decides to transition" to infrastructure, the official said. The White House will rely on Congress "quite a bit" to take the lead on an infrastructure bill, the official said, adding that members have asked for more specifics on how the administration plans to attract more state and private sector money for those projects. "We'll do the principles, they'll do the drafting," the official said. The official noted the administration's "one federal decision" c.oncept, which they hope will prevent bickering and slow-walking between agencies tasked with approving project permits. The Council on Environmental Quality will have an initial list of actions it plans to take to expedite the pennitting process to be published in tomorrow's Federal Register. The official didn't divulge details about where. the $200 billion of federal money the administration bas touted will come from, except to say it would be derived from savings generated from cuts to other programs. To view online: >https://www.politicopro .com/transportation/whiteboard/20 l 7/09/white-house-officialinfrastructure-principles -waiting -on-tax-overhaul-092865 < AMR AN PVERSIGHT 1 CEQ050 FY180 9 1_00000 1772 CEQ-18-0173-I-000178 Was this Pro content helpful? Tell us what you think in one click. Yes, very Somewhat Not really Not at all You received this POLITICO Pro content because your customized settings include: Transportation: Receive All. To change your alert settings, please go to >https://www.politicopro.com/settings< This email was sent to luke holland@inhofe.senate.gov by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA AMERICA\J PVERSIGHT 2 CEQ0 50FY18091_ 00000 1772 CEQ-18-0173-I-000179 RE: SenatorSullivanNEPA and Infrastructure PackageRound Table From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organi2ation/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9 To: "Wiegard, Pierce (Sullivan)" Date: Mon, 02 Oct 2017 11 :50:51 -0400 -he"> Pierce, You have time to connect on this one today/ Alex From: Wiegard, Pierce (Sullivan) [mailto:Pierce_ Wiegard@sullivan.senate.gov ) Sent: Monday, July 10, 2017 1:07 PM To: Herrgott, Alex H. EOP/CEQ > Subject : Senator Sullivan NEPAand Infrastructure Package Round Table Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wanted to pass on my boss's NEPAand Infrastructure bill discussion draft. He is looking to put together a round table or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O'Sullivan from LIUNA, and we were wondering if you would consider joining the discussion for the administration. The event will likely be linked wi t h introduction of our bill. Happy to chat further, or you feel free to call Erik Elam, our LO. Pierce Wiegard Legislative Counsel Office of U.S. Senator Dan Sullivan AMR N PVERSIGHT 1 CEQ050FY18091 _000002103 CEQ-18-0173-I-000180 RE: SenatorSullivanNEPA and Infrastructure PackageRound Table From: "Wiegard, Pierce (Sullivan)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 02 Oct 2017 11:51:56 -0400 Sure. I am free before 3 pm today . From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, October 02, 2017 11:51 AM To: Wiegard, Pierce (Sullivan) Subject: RE: Senator Sullivan NEPA and Infrastructure Package Round Table Pierce, You have time to connect on this one today/ Alex From: Wiegard, Pierce (Sullivan) [mai lto:Pierce Wiegard@sullivan.senate.gov ] Sent: Monday, July 10, 2017 1:07 PM To: Herrgott, Alex H. EOP/CEQ Subject: Senator Sullivan NEPAand Infrastructure Package Round Table Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wanted to pass on my boss's NEPA and Infrastructure bill discussion draft. He is looking to put together a round table or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O'Sullivan from LIUNA, and we were wondering if you wou Id consider joining the discussion for the administration. The event will likely be linked with introduction of our bill. Happy to chat further, or you feel free to call Erik Elam, our LD. Pierce Wiegard Legislative Counsel Office of U.S. Senator Dan Sullivan AMR AN PVERSIGHT 1 CEQ050F Y18091_000002470 CEQ-18-0173-I-000181 RE: SenatorSullivanNEPA and Infrastructure PackageRound Table From: "Wiegard, Pierce (Sullivan)" To: "Herrgott, AJex H. EOP/CEQ" Date: Tue, 03 Oct 2017 18:46:59 -0400 Circling back on this. I am swamped tomorrow morning, but should be around after 11 am . From:Wiegard, Pierce (Sullivan) Sent: Monday, October 02, 2017 11:52 AM To: 'Herrgott, Alex H. EOP/CEQ' Subject:RE: Senator Sullivan NEPA and Infrastructure Package Round Table Sure. I am free before 3 pm today . 202-224-0858 From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, October 02, 2017 11:51 AM To: Wiegard, Pierce (Sullivan) Subject:RE: Senator Sullivan NEPA and Infrastructure Package Round Table Pierce, You have time to connect on this one today/ Alex From:Wiegard, Pierce (Sullivan) [mailto:Pierce Wiegard@sullivan .senate .gov] Sent: Monday, July 10, 2017 1:07 PM To: Herrgott, Alex H. EOP/CEQ Subject:Senator Sullivan NEPA and Infrastructure Package Round Table Alex: Apparently, I had the wrong ceq email for you when I sent this over last month. I wanted to pass on my boss's NEPAand Infrastructure bill discussion draft. He is looking to put together a round table or roll out in the next few weeks, before August, to discuss infrastructure and streamlining along with Terry O'Sullivan from LIUNA, and we were wondering if you would consider joining the discussion for the administration. The event will likely be linked with introduction of our bill. Happy to chat further, or you feel free to call ErikElam, our LD. Pierce Wiegard AMR AN PVERSIGHT 1 CEQ050FY 18091_ 000002469 CEQ-18-0173-I-000182 Legislative Counsel Of?ce of U.S. Senator Dan Sullivan Pierce wieeardm sullix-aneenategm- 2 RE: Did you guysput anythingout? From: 'Van Doren, Terry (McConnell)" To: "Herrgott, Alex H. EOP/C EQ" Date: Thu, 29 Mar 2018 16:24:31 -0400 We did. And the President re-tweeted it. Leader McConnell @Se1tal"eM~ iLdr th Rebuilding America's ff.infrastructure is a critical issue that @POTUS, his Administration. and Congress arc continuing to work to achieve together. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 205 10 -----Ori ginal Messa ge----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, March 29 , 2018 4:22 PM To: Van Doren, Terry (McConnell) Subject: Did you g1:1ys pul anything out? Just curious Sent from my iPhone AMR N PVERSIGHT 1 CEQ050FY 18091 _ 000001406 CEQ-18-0173-I-000184 Did you guysput anythingout? From: To: terry_ vandoren@mcconnell .senate.gov Date: Thu, 29 Mar 2018 16:21 :32 -0400 Just curious Sent frommy iPhone AMR N PVERSIGHT 1 CEQ050FY18091 _000001978 CEQ-18-0173-I-000185 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 April 15, 2019 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 10 Dear Mr. Evers: This letter is the tenth production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this tenth production, we have processed an additional 200 records and identified 83 pages of documents responsive to your request, 47 of which are enclosed. The remaining 36 pages are Congressional records. We have determined that exemptions be applied in 147 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted email addresses and phone numbers. We have determined that exemptions be applied in 3 redaction instance pursuant to 5 U.S.C. ? 552(b)(7)(E) (Exemption 7(E)). The information redacted under Exemption 7(E) protects against the disclosure of sensitive law enforcement information. Specifically, CEQ redacted security procedures for visiting the White House Complex. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 RE: GOP senators invited to White House infrastructure confab From "Herrgott, Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=c 7ce1ebaef28486db7e75a45c19c9813-herrgott, a"> To: "Repko, Mary Frances (EPW)" Date: Th u, 27 Jul 2017 17:58:40 -0400 I was not there. - Give me a cal l about meet ing if you want Alexander Herrgot t Associate Director for Infrast ructure Council on Environmental Quality From: Repko, Mary Frances (EPW) [mailto:mary_frances_repko@epw.senate.gov] Sent: Thursday , July 27, 2017 5:30 PM To ; Herrgot t, Alex H. EOP/CEQ Subject: Fwd : GOP senators invited to White House infrastructure confab Hmm , ironic give n our meeting . Mary Frances Repk o Deputy Democratic Staff Dir ector U.S. Senate Comm ittee on Eavirnnment and Publ ic Works Beg in forwarded message: From: "POLITICO Pro Transportation Whiteboard" Date: JuJy 27, 20 17 at 5:08 :43 PM EDT To: Subject: GOP senators invited to White House infrastr ucture confab Reply-To: "POLITI CO subscri ptions" HTML- By Laure n Gardner 07/27/2017 05:05 PM ED T A small group of senators was invited to the White House today to discuss an infrastruc tur e package with adm in istration officials , as Congress' Obamacare repeal effort faces a murky future and a thorny tax code overhaul waits in the w ings. CEQ-18-0173-J-000001 CEQ050FY18091_000001948 Sen. Jim Inhofe (R-Okla .), a vocal infrastm cture booster, told POLITI CO the meeting focused on Congress' role in craft ing and legislating an infrastructure p lan and determining where and how lawmake rs' priorities align with the administration 's. The White House has said it wants an infrastructure package to go beyond transportation modes to include energy, water and broadband needs, and had previo usly promised it would materialize anywhere between May and this fall. "One thing I've noticed in this admin istration -1 don't say this critica lly, just kind of an operating style - and that is, you don't really get on to something new until you finish the last thing ," Inhofe said. "We're finishing the last thing, and I think that's the reason why the timing is right to start talking about it." "The ball is start ing to roll," he added. DJ Gribbin , one of President Donald Trump's top infrastructure advisers, attended the meeting , which also included GOP Sens. Deb Fischer of Nebraska and Roger Wicker of Mississip pi. When asked whether more details came up about how to fund and finance a plan, Inbofe said: "that's what I wouldn't want to talk about right now." To view online: >https ://www .politicopro .com/transportation/whiteboard /201 7/07/ gop-senators-invited-towhite-house-infrastructure-confab-091206 < Was th is Pro content helpful? Tell us what you th ink in one click . Yes, very Somewhat Not rea ll y You received this POLITICO Pro content becaus e your customized settings includ e: Tra nsport atio n: Receive AH. To change your alert settings , please go to www.politicopro.com CEQ-18-0173-J-000002 2 CEQ050FY18091 _000001948 Fwd: GOP senators invited to White House infrastructure confab From: "Repko, Mary Frances (EPW )" To: "Herrgott , Alex H. EOP/CEQ" Date: Thu, 27 Jul 2017 17:29:47 -0400 Hmm, ironic given our meeting. Mary Frances Repko Deputy Democratic Staff Director U.S. Senate Committee on Environment and Public Works Begin forwarded message: From : "POLITICO Pro Transportation Whiteboard" Date: July 27 , 20 17 at 5:08:43 PM EDT To: Subject : GOP se nator s invited to White Ho use infrastr ucture confab Reply-To: "POLI TI CO subscriptions" By Lauren Gardner 07/27/2017 05:05 PM EDT A sma ll group of seoator s was i.nvited to tbe White House today to discuss an i.nfrastn 1cture package with administration officia ls, as Congress' Obama.care repeal effort faces a mur"'-y future and a thorny tax code overhaul waits in the wi ngs. Sen. Jim lnhofe (R-Okla.), a vocal i11 frastn 1cture booster, told POLITICO tlie meelillg focused on Congress' role in crafting and legislating an infrastructure plan and detenn ining where and bow lawmakers' priorities align with 1he administration's. The White House has said it wants an infrastructure package to go beyond transportation modes to include energy, water and broadband needs, and had previously promised it would materialize anywhere between May and this fall. "One thing rve noticed in th.isadministration - I don't say this critically, j ust kind of an operating style - and that is, you don't really get on to sometbing new until you flllish tl1e last thing," lubofe said. "We're finishing the last thing, and I think that's the reason why the timing is right to start talking about it." "The ball is starting to roll ," he added. DJ Gribbin , one of President Don ald Trump' s top infrastructure advisers , attended the meeting , whic h also included GOP Sens. Deb Fischer of Nebraska and Roger Wicker of Mississippi. When asked whether more details came up about how to fund and fmaoce a plan, In110fesaid: "that's what I wouldn't want to talk about right now." To view online: >https://www.politicopro.com/transportation/whiteboard/20I 7/07/gop-senators-invited-to-white-houseinfrastructure-confab-091206< CEQ-18-0173-J-000003 CEQ050FY18091_000002055 Was th is Pro content helpful? Tell us what you th ink in one click . Yes, very Somewhat Neutral Not really Not at all You received this POLITICO Pr o content because your customized settin gs include: Tr an sportati on: Receive AIJ.To change your alert settings, please go to www.politicopro.com<%2fsettings?='"'> >https://www.politiconro.com/settings< This email was sent to mary frances repko@epw.senate.gov by: POLITICO , LLC 1000 Wilson Blvd. Arlington , VA, 22209, USA %> CEQ-18-0173-J-000004 2 CEQ050 FY18091_000002055 Infra Packa e From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: terry_ vandorn@mcconnell.senate.gov Cc: hazen_marshall@mcconnell.senate.gov Date: Thu, 14 Sep 2017 12:00 :37 -0400 Terry, Can I update you on where we are at.? I am coming to Dirksen now and will be free from 12:30 to 1pm, but can call anytime. I see 1 missed your call fromlast montJ1, strangely. --Cell Alexander HetTgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-J-000005 CEQ050FY18091_000002128 RE: CEQ meeting From: "Dedrick, Kathy" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 15 Sep 20 17 11:53:09 -0400 Sure, that would be great. I'll bring He lena and Ward. Wednesday probably works best for us. Wbat time? -----Origina l Message----From: Herrgott , Alex H. EOP /CEQ [mailto Sent: Friday , September 15, 20 17 11:42 AM To: Dedr ick, Kathy Subject: CEQ meeting Hey, Can we schedule a time next week for you and whoever you think appropriate to come to CEQ for a H.H with DJ and me. This wiJl be an OTR conversation on infra biU and path fmward. We did this with Mary Frances and Co las r month. How abournext Tuesday/Wed Alex Alexander Herrgott - AssociateDirector for Infrastructure Council on Environmental Quality CEQ-18-0173-J-000006 CEQ050 FY18091_000001769 CEQ meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : kathy.dedrick@mail.house .gov Date: Fri, 15 Sep 2017 11:41 :42 -0400 Hey , Can we schedule a time next week for you and whoever you think appropriate to come to CEQ for a HH with DJ and me. This will be an OTR conversation on infra bill and path forward. We did this with Mary Frances and Co last month. How about next Tuesday/Wed Alex Alexand er Herrgotl Associate Director for Iofrastruciure Council ou Env ironmen ta l Quality - CEQ-18-0173-J-000007 CEQ050FY18091_000002125 CEQ meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Arnakis , Adrian (Commerce)" , devon_t>arnhart@commerce.senate.gov Date: Fri, 15 Sep 2017 11:39:52 -0400 Hey, Can we schedule a time next week for you and your bosses (Nick and Kim if you want) to come to CEQ for a HH with DJ and me. This wiUbe an OTR conversation on infra bill and path fonvard. We did this with Mary Frances and Co last month. How about next Tuesday/Wed Alex Alexand er Herrgotl Associate Director for Iofrastruciure Council ou Environmenta l Quality - CEQ-18-0173-J-000008 CEQ050FY18091_000002126 RE: CEQ meeting From To: Date: "Arnakis,Adrian (Commerce)" "Herrgott,Alex H. EOP/CEQ" , "Barnhart, Devon (Commerce)" Fri, 15 Sep 2017 11 :52:54 -0400 Wed. afternoon might work after the boss leave for recess. Maybe 4? -----Or igina l Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Friday, September 15, 2017 11:40 AM To: Arnakis, Adrian (Commerce) ; Barnhart , Devon (Commerce ) Subject: CEQ meeting Hey, Can we schedule a time next week for you aud your bosses (Nick and Kim if you wam) 10 come to CEQ for a HH wilh DJ and me. This will be an OTR conversation on infra bill and palh forward. We d id this with Mary Frances and Co last month. How about next Tuesday/Wed Alex Alexander Herrgotl Associa te Director for lofrastructure Council on Environme ntal Q1iali1y -- CEQ-18-0173-J-000009 CEQ050FY18091_000002478 RE: CEQ meeting From: "Dedrick , Kathy" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 18 Sep 2017 15: 15: 11 -0400 ls Wednesday going to work? -----Or iginal Message----- From: Dedrick, Kathy Sent: Friday, Septem ber 15, 2017 11:53 AM To: 'Herrgott , Alex H. EOP/CEQ' Subject: RE: CEQ meeting Sure, that would be great. I'll bring Helena and Ward. Wednesday probably works best for us. What time? -----Original Message----f rom: Herrgott, Alex H. EOP/CEQ [mailto Sent: Friday, September 15, 201 7 ll :42 AM To: Dedrick, Kathy Subject: CEQ meeting Hey, Can we schedule a time next week for you and whoeveryou think appropriateto come to CEQ for a HH wi1hDJ and me. This will be an OTR conversation on infra bill and path forward. We did this with Mary Frances and Co last month. How about next Tuesday/Vied Al ex Ale xan der Hen gotl Assoc iate D irector for l a:frastructure Counci l on Environmenta l Qua lity - CEQ-18-0173-J-000010 CEQ050 FY18091_000001768 RE: CEQ meeting From: "Dedrick, Kathy" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 19 Sep 2017 16:49:49 -0400 Will do. Thanks. -----Or igina l Message----From: Herrgott , Alex H. EOP/CEQ [mailto Sent: Tuesday, September 19, 2017 4:49 PM To: Dedrick , Katl1y Subject: RE: CEQ meeting Yes, just come and enjoy. Bring whoever you want. Water ueople too. If your call. -----Original Message----from: Dedrick, Kathy [mailto:Kathy.Dedrick@Jnail.bouse.gov] Sent: Tuesday , September 19, 2017 4:31 PM To: Herrgott, Al.exH. EOP/CEQ Subjec t: RE: CEQ mee ting Sounds good. [fl remember correctly , ls tlrnt still correct'. -----Original Message----From: Herrgott, Alex H. EOP/CEQ [rnailto Sent: Tuesday , September 19, 2017 4:29 PM To: Dedrick, Kathy Subject: RE: CEQ meeting Great, lets lock this on. Tuesday at 6pm. 734 Jackson -----Or igina l Message ----From: D edrick, Kathy [mailto:Kathy.Dedrick @ maiLhouse .gov] Se nt: Tuesday , September 19, 2017 I 0:28 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ meeting How about Tuesday ? -----Original Message----From: Herrgon, Alex H. EOP/CEQ [maillo Sent: Tuesday , September 19, 2017 10 :0 I AM To : Dedrick , Katl1y Subject: RE: CEQ meeting You want to schedule someth ing for next week ? What day would work for you? CEQ-18-0173-J-000011 CEQ050 FY18091_000001760 -----Original Message----From: Dedrick, Kathy [mailto:Kathy.Dedrick@mail.house.gov] Sent: Monday, September l 8, 2017 3:15 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE:CEQ meeting Is Wednesdaygoing to work? ----Ori ginal Messagc----From: Dedrick, Kathy Sent: Friday, September 15, 2017 11:53 AM To : 'Herrgott , Alex H. EOP /CEQ' Subject: RE: CEQ meeting Sure, that would be great. l'll bring Helena and Ward. Wednesdayprobably works best for us. Wb.attime? -----Original Message----Frorn:Herrgott, Alex H. EOP/CEQ Lrnailt Sent: Friday, September 15, 2017 ll :42 AM To: Dedrick, Kathy Subject: CEQ meeting Hey, Can we schedule a time next week for you and whoever you think appropriate to come to CEQ for a HH with DJ and me. This will be an OTR conversationon infra bill and path forward. We did this with Mary Frances and Co last month. How about next Tuesday/Wed Alex Alexander Herrgoll Ass oc.iate Director for lnfrastrucn u?e Council on EnvironmentalQuality CEQ-18-0173-J-000012 2 CEQ050FY18091_000001760 RE: CEQ meeting From: "Dedrick, Kathy" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 19 Sep 201716:31:25 -0400 Sounds good. [f I remember correctly, . Is that s tiU correct? ----Ori gi.ual Message ----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday , September 19, 20 17 4:29 PM To: Dedrick , Katl1y Subject: RE: CEQ meeting Great, lets lock tlJison. Tuesday at 6pm. 734 Jackson -----Ori ginal Message ----From: Ded rick , Kathy [mailto:Kathy.Dedriek @mail.house.gov] Sent: Tuesday, September 19, 2017 10:28 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ meeting How about Tuesday? -----Original Message----From: Herrgot1, Alex H. EOP/CEQ [mailt Sent: Tuesday, September 19, 20 I 7 10:0 I AM @mail.house.gov> To: Dedrick, Kathy Subject: CEQ meeting Hey, Can we schedu le a time next week for you and whoever you think appropriate to come to CEQ for a HH with DJ and me. This w ill be an OTR conversation on infra bilJ and path forward. We did this with Mary Franc es and Co last month. How about next Tuesday /Wed Alex Alexander Herrgott Associate Director for lnfrastructure Council on Environmental Quality - CEQ-18-0173-J-000014 2 CEQ050FY18091_000001761 RE: CEQ meeting From: "Dedrick, Kathy" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue, 19 Sep 201710:28:18 -0400 How about Tuesday ? -----Origina l Message----From: Herrgott , Alex H. EOP /CEQ [mailto Sent: Tuesday , September 19, 201710 :0J AM To: Dedrick, Kathy Subject: RE: CEQ meeting You want to schedu le something for next week ? What day wou ld work for you ? -----Ori ginal Message----from: Dedric k, Kathy [mailto:Kathy.Dedrick @.mail.house.gov] Sent: Monday , September L8, 2017 3:15 PM To: Herrgorr , Alex H. EOP/CEQ Subject : RE: CEQ mee ting Is Wednesday going to work? -----Or igina l Message ----From: D edrick. Kathy Sent: Friday , September 15, 2017 ll :53 AM To : 'Hengott , Alex H. EOP/CEQ' Subject: RE: CEQ meeting Sure , that would be great. l'II bring Helena and Ward. Wednesday probably works best for us. What time ? -----Ori ginal Message----From: Herrgott, Alex H. EOP /CEQ [mailto Sent: Friday , September 15, 20 l 7 11:42 AM To : Dedr ick, Kat.by Subject: CEQ meeting Hey , Can we schedule a time next week for you and whoever you think appropriate to come to CEQ for a HH with DJ and me. This will be an OTR conversation on infra bill and path forward. We did this w ith Mary Fran ces and Co last month. How about next Tuesday/Wed Alex Alexander HeITgott Associate Director for lufrastmcture CEQ-18-0173-J-000015 CEQ050 FY18091_000001764 Council on Enviromncmal Quality CEO-1 8-0173-J-000016 2 RE: CEQ meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To : "Dedrick, Kathy" Date: Tue , 19 Sep 2017 16:49:25 -0400 Yes , just come and enjoy. Bring whoever you want. Water peopl e too. If your caU. -----Original Message----From: Dedrick, Kathy rmailto:Kathy.Dedrick@mail.house.govl Sent: Tuesday, September 19, 2017 4:31 PM Io : Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ meeting Sounds good. ?fl remember correctly, ls that still correct? -----Origina l Message ---- From: Herrgott, Alex H. EOP/CEQ [maih Sent: Tuesday , September 19, 2017 4:29 PM To : Dedrick, Kathy Subject: RE: CEQ meeting Great, lets lock this on. Tuesday at 6pm. 734 Jackson -----Original Message----From: Dedrick, Kathy [maillo:Kalhy.Dedrick @ mail.bouse.gov] Sent: Tuesday , September 19, 2017 10:28 AM To : Hcrr gott, Alex H. EOP/CE Subject: RE: CEQ meeting How about Tuesday? -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Tuesday, September 19, 2017 10:01 AM To: Dedrick, Kathy Subject: RE: CEQ meeting You warn lo schedule sometlling for next week? Whal day would work for you? --- -Or igina l Messa ge---- From: Dedrick, Kathy [mailto:Katby.Dedr ick@m ail.house .gov) Sent Monday , September l8 , 2017 3:J5 PM To: Herrgott, Al ex H. EOP/CEQ Subject: RE: CEQ meeting Is Wednesday going to work? ----Ori ginal Message----From: Dedrick , Kathy CEQ-18-0173-J-000017 CEQ050FY18091_000002113 Sent: Friday, September 15, 20 I 7 11:53 AM To: 'Herrgott, Alex H. EOP/CEQ' Subject: RE: CEQ meeting SUJe, Lbatwould be great. I'll bring Helena and Ward. Wednesday probably works best for us. What time? ----Ori gina l Mcssage ----From: Herrgo tt, Alex H. EOP/CEQ [maillo Sent: Friday , September 15, 2017 1 l :42 AM To: Dedrick , KaU1y Subject: CEQ meeting Hey , Can we schedule a time next week for you and whoever you think appropriate to come to CEQ for a HH with DJ and me. This will be an OTR conversation on infra bill and path forward. We did this with Mary Frances and Co last month. How about next Tuesday/Wed Alex Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality - CEQ-18-0173-J-000018 2 CEQ050FY18091_000002113 RE: CEQ meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To : "Dedrick, Kathy" Date : Tue, 19 Sep 2017 16:28:57 -0400 Great , lets lock this on. Tuesd ay at 6pm. 734 Jackson -----Ori gina l Message ----From: Dedrick , Kathy [mailto:Kathy.Dedrick @mai l.house.gov] Sent: Tuesday, Septem ber I 9,2 017 10:28 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ meeting How about Tuesday ? -----Or igina l Message ----From : Herrgot1, Alex H. EOP/CEQ [mailto Sent: Tuesday , September 19, 2017 10:01 AM To: Dedrick, Kathy Subject: RE: CEQ meeting You want to schedule something for next week ? What day would work for you? ----Or iginal Message ----From: Dedric k, Kathy [mailto:Kathy.Dedrick @mail.house.gov] Sent: Monday , September 18, 2017 3: 15 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: CEQ meeting 1s Wednesday going to work? -----Or igiJ1al Message----From : D edric k, Kathy Sent: Friday, September 15, 2017 I l :53 AM To: 'Herrgott , Alex H. EOP/CEQ' Subject: RE:CEQ meeting Sure, that wou ld be great. 1'11bring Helena and Ward. Wednesday probably works best for us. Wllat time? -----Or igina l Message----From: Herrgott, Alex H. EOP /CEQ [mailto Sent: Frida y, September 15, 2017 11:42 AM To : Dedr ick, Ka thy Subject: CEQ meet ing Hey, CEQ-18-0173-J-000019 CEQ050FY18091_000002115 Can we schedule a time next week for you and whoever you think appropriateto come to CEQ for a HH with DJ and me. This will be au OTR conversation on infra bill and path forward. We did this with Mary Frances and Co last month. How about next Tuesday/Wed Alex Alexander Herrgotl Associate Director for Infrastructure Counci l on Environmenta l Quality - CEQ-18-0173-J-000020 2 CEQ050FY18091_000002115 RE: CEQ meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Dedrick, Kathy" Date: Tue , 19 Sep 2017 10:00:46 -0400 You want to schedule something for next week? What day woul d work for you? -----Ori gina l Message----From: Dedrick , Kathy rmailto :Kath y.Dedrick @mail.house.gov Sent: Monday, September 18, 2017 3:15 PM To : Herrgott, Alex H . EOP/CEQ Subject: RE: CEQ meeting l Is Wednesday go ing to work? -----Ori gina l Message----From: D edrick, Kathy Sent: Friday , September IS , 2017 JI :53 AM To : 'Herrgott , Alex H. EOP/CEQ' Subject: RE: CEQ meeting Sure, that would be gre at. I'll bring Helena and Ward. Wednesday probably works best for us. What time? -----Ori gina l Message----From: Herrgott, Alex H. EOP/CEQ [maillo Se nt: Friday , September 1 S, 2017 11:42 AM To : Dedrick , Kathy Subject: CEQ meeting Hey , Can we schedu le a time next week for you and whoever you think approp riate to come to CEQ for a HH with DJ and me. This will be an OTR conversation on infra bill and path forward. We did this with Mary Franc es and Co las t month. How about next Tuesday/Wed Alex Alexander Herrgott Associate Directo r for Infrastructure Council on En viroumeutaJ Quality CEQ-18-0173-J-000021 CEQ050FY18091_000002119 Fwd: Meetin with Richard Russell & EPW Staff Where: 4 10 Dirksen senate Office Building When: Wed Nov 0116:00 :00 2017 (Amer ica/New_York) Until: Wed Nov 01 17:00:00 2017 (Amer ica/New_ York) Organiser: "Trenti , Beth (EPW)" Required Attendee: "Herrgott, Alex H. EOP/CEQ" You can't attend this? If not, let's schedule for a time that works for you. Sent from my iPhone Begin forwarded message: From: "Trenti , Beth (EPW)" I @senateepw Office Hours: 9 to 6 ET, Monday to Friday CEQ-18-0173-J-000022 CEQ050FY18091_000002167 Re: Meetin with Richard Russell & EPW Staff From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Trenti, Beth (EPW)" Date: Tue , 31 Oct 2017 18:36:39-0400 We are doing Thursday only now. 5pm Sent from my iPhone > On Oct 31, 2017, at 6:30 PM, Trenti, Betb (EPW) wrote: > > You can't attend tltis? lfnot , let's scbedule for a time that works for you. > > Sent from my iPhone > > Begin forwarded message: > > From: "Trcn ti, Beth (EPW)" > > To: "Gribbin , DJ J. EOP /WHO" Subject: FW: Meetin g w ith Rich ard Russe ll & EPW Staff > > DJ, > > Alex cannot atten d this meetin g. I will get a car lined up for you on West Exec . Remember that the Rural lnfrastructure conversation in SCA ends at 3:30pm. > > -----Original Appointment----> From: Trenti, Betb (EPW) [mailto:Beth_Trenti@epw.senate.gov] > Sent: Tuesday, October 3 1, 20 17 5:20 PM > To: Trenti, Beth (EPW); Ziegler, Garrett M. EOP/WHO (Intern) > Subject: Meeting with Richard Russell & EPW Staff > When: Wednesday, November I , 2017 4:00 PM-5:00 PM (UTC-05:00) Eastern Time (US & Canada). > "\Vhere : 4 10 Dirksen Senate Office Building > > Ga1r ett, > > The meeting with DJ is confirmed for Wednesday, November 1st at 4:00 pm in our office, 410 Dirksen Senate Office BLtilding. Let me k11owif you 11eedanything else. > > Kind regards, > > Elizabeth Trenti I Majority Admi.nistrative Assistant > Sena te Comm ittee Oil EDvironment & Public Works >( o ) - > www.epw.senate.gov<<%3ehttp:/www.epw.seuate.gov/%3c> I @senateepw > Office Hours: 9 to 6 ET, Monday to Friday > > CEQ-18-0173-J-000023 CEQ050FY18091_000002921 Infrastructure Working Lunch Where: west Wing , G50 When: Fri Jan 05 12:00 :00 2018 (America/New_Yo rk) Until: Fri Jan 05 13:00:00 2018 (America/New_Yo rk) Organiser: "Lai, Joseph G_ EOP/WHO" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=1 f0a38d 1e4c840dfa4c1149938658459-la"> Required Attendees Optiona l Attendees "Lai, Joseph G. EOP/WHO " "Gribbin , DJ J. EOP/WHO" 'Van Doren, Terry (McConnell)" Required Attendees 'Van Doren, Terry (McConnell) " geoffrey.antell@mail.house.gov "Herrgott, Alex H. EOP/CEQ" Atte ndees: Reed Cordish Joseph Lai Tim Pataki Alex Herrgott DJ Gribbin Terry Van Doren Geoff Antell CEQ-18-0173-J-000026 CEQ050FY18091_000002164 Environmental streamlinin From To: Cc : Date: rovisions "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> geott.gosselin2@mail.hOuse.gov, chris.vieson@mail.hOuse.gov, "Sturges , Matt" "Antell, Geoffrey" , "Pataki, Tim A EOP/WHO" Wed, 24 Jan 2018 11 :54:52 -0500 Geoff and Chris, We are going to walk Senate EPW through the permitting principles in more detail, and would like offer up the same time for you and whoever you think is appropriate. There is some ove rlap with House Resources on NEPA and E&C on ozone and CM, but you have the lionshare . I can come there on Friday and do walkthrough. If not, then next week . I also understand Sean McMaster DOT Leg affairs is working with you all to set up a time to bring their team to walk th rough MAP-21 & FASTAct provisions. Let Tim or me know if there are any issues. Alex Alexander Her rgott Associate Director for Infrastructure Council on Environmental Quality CEQ-18-0173-J-000027 CEQ050FY18091_000002071 Quick update From: "Donaldson , Teri (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date : Fri, 09 Mar 2018 15:40:13-0500 Hi Alex , I'll have a new version of the "augmenting resources for permitt ing'' ready for Mary on Monday . Susan B. may join ou r meeting , which would be both helpful and fun. May I get Mary's contact information? Thanks, Alex . Have a great weekend! Teri Teri L. Donal dson General Counsel U.S. Senate, Environment and Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 (0) 202-224-5167 (f) (cell) Teri_ Donaldson@epw .senate .gov CEQ-18-0173-J-000028 CEQ050FY18091_000002264 RE: Quick update From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To : "Donaldson , Teri (EPW)" Date: Sun, 11 Mar 2018 15:08:01 -0400 Sure; however it is important to note that the legislat ive package is a product of the National Economic Council, not CEQ. I know it is a bit confusing, but although much of the edits on the package are run through my team, DJ Gribbin has the ultimate pen. That being said, here is Mary's email. I am happy to set up a meeting wheneve r on Monday. - Give me a call anytime. From: Donaldson , Teri (EPW) [mailto:Teri _ Donaldson@epw.senate.gov] Sent : Friday, March 9, 2018 3:40 PM To: Herrgott, Alex H. EOP/CEQ Subject : Quick update Hi Alex, I'll have a new version of the "augmenting resources for permitt ing" ready fo r Mary on Monday. Susan B. may join our meeting, which would be both helpful and fun . May I get Mary's contact information? Thanks, Alex . Have a great weekend! Teri Teri L. Donal dson General Counsel U.S. Senate, Environment and Public Works Committee 410 Dirksen Senate Office Building Washington, DC 20510 (ol 202 -224-51 61 (tl (cell) Teri_Dona ldson@epw.senate.gov I I CEQ-18-0173-J-000029 CEQ050FY18091_000000814 Re: Permit osters From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Lai, Joseph G. EOP/WHO" Cc: "Hill, Frederick (Commerce)" , "Rateike, Bradley A EOP/WHO" "Dorr , Kaelan K. EOP/WHO " "Rossi, Nick (Commerce)" , "Arnakis, Adrian (Commerce)" Date: Tue , 13 Mar 2018 21 :47:52 -0400 Team Coll1Jl1erce. these are really great. Worried that giant tree of a chart may be over kill, noting the cameras are the target and the utiIity as a prop for cabinet members -not the audience in the hearing room. I suggestjust the two charts next to witness table. Sent from my iPhone On Mar 13, 20 18, at 8:48 PM , Lai, Joseph G. EOP/WHO wrote: Adrian! Josepl1Lai Special Assistant to the President Legislative Affairs The White House Mobile:- Sem from my iPbone On Mar 13, 2018, at 8:39 PM, Hill, Frederick (Commerce) wrote: Joe and Alex, Please take a look at the attached photo I am sending of the two poster versions of your permitting process graph ic we had printed out. As I discussed with Alex today, we're planning to set the smaller one and it's identical pair up alongside the witness table facing the dais for t he secretaries to reference during their testimony (We'd take them down during the Q&A). For the larger poster (and its pair), our default posit ion is to leave them out of the hearing room altogether. However, if the witnesses/administration want them in the hear ing room for effect we CEQ-18-0173-J-000030 CEQ050FY18091_000000745 could position the eight foot posters in a corner or alongside the room wall for the audience and zoom ou t camera shots of the dais. If you do want them, we'd also likely set them down after the five secretaries deliver their testimony. Please let us know your pre ference on whether or not to put the larger eight foot version of your graphic in the hearing room. Frederick Frederick Hill Communication s Director Senate Committee on Commerce, Science, and Transportation Sen. John Thune (R-S.D.) - direct CEQ-18-0173-J-000031 2 CEQ050FY18091_000000745 Re: Permit gra From osters "Hill, Frederick (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Cc: "Rateike , Bradley A. EOP/WHO" , "Dorr, Kaelan K. EOP/WHO" "Ross i, Nick (Commerce)" , "Arnakis, Adrian (Commerce)" Date: Tue, 13 Mar 2018 22:32:31 -0400 Thanks much . We'll have them ready. Seut from my iPhone On Mar 13, 2018 , at 9:47 PM , Herrgott , Alex R EOP/CEQ Team wrote: Commerce,tbesearereallygreat. Worried that giant tree ofa chart may be over kill, noting the cameras are the target and U1eutility as a prop for cabinet members -uol the audience in the hearin g room. I suggest just the two charts next to wiu1css table. Sent from my iPhone On Mar 13, 2018 , al 8:48 PM , Lai , Joseph G. EO P/WHO wrote : Adrian! Joseph Lai Special Assistant to the President Legislative Affairs The Wh.ite House Mobile: ~ Sen t from my iPhone On Mar 13, 2018 , at 8:39 PM, Hill, Frederick (Commerce) wrote: Joe and Alex, Please take a look at the attached photo I am sending of the two poster versions of your perm itting process graphic we had printed out. CEQ-18-0173-J-000032 CEQ050FY18091_000002246 As I discussed with Alex today, we're planning to set the smaller one and it's identical pair up alongside the witness table facing the dais for the secretaries to reference during their testimony (We'd take them down during th e Q&A) . For the larger poste r (and its pair), our default position is to leave them out of the hear ing room altogether. However, if the witnesses/admi nistration want them in t he hearing room for effect we could posit io n the eight foot posters in a corner or alongside the room wall for the audience and zoom out camera shots of the dais. If you do want them , we'd also likely set them down after the five secretaries deliver their testimony. Please let us know your preference on whether or not to put the larger eight foot version of your graphic in the hearing room . Frederick Frederick Hill Communications Director Senate Committee on Commer ce, Science , and Transportation Sen. John Thune (R-S.D.) - direct CEQ-18-0173-J-000033 2 CEQ050FY18091_000002246 Re: Permit From To: osters "Lai, Joseph G. EOP/WHO" "Hill, Frederick(Commerce)" "Herrgott, Alex H. EOP/CEQ" EOP/WHO" Cc: "Rateike, Bradley A. "Dorr , Kaelan K. EOP/WHO " "Rossi , Nick (Commerce)" , "Arnakis, Adrian (Commerce)" Date: Tue , 13 Mar 2018 20:48:03 -0400 Adrian! Joseph Lai Special Assistant to the President Legislative Affairs The White House Mobile: Sencfrom my iPbone On Mar 13, 2018, al 8:39 PM, Hill , Frederick (Commerce) wrote: Joe and Alex, Please take a look at the at tached photo I am sending of the two poster versions of your permitting process graphic we had printed out. As I d iscussed with Alex today , we're planning to set the smaller one and it's identical pair up alongside the witness table facing the dais for the secretaries to reference during their testimony (We'd take them down during the Q&A) . For the larger poster (and its pair), our default position is to leave them out of the hearing room altogether. However, if the witnesses/administration want t hem in the hearing room for effect we could posit ion the eight foot posters in a corner or alongside the room wall for the audience and zoom out camera shots of the dais. If you do wan t them, we 'd also like ly set them down after the five secretaries deliver their testimony . Please let us know your preference on whether or not to put t he larger eight foot vers ion of your graphic in the hear ing room. Frederick CEQ-18-0173-J-000034 CEQ050FY18091_000002247 Frederick Hill Communications Director Senate Committee on Commerce , Science, and Transportation Sen. John Thune (R-S.D.) - direct CEQ-18-0173-J-000035 2 CEQ050FY18091_000002247 Infrastructure From les - Rural ~ro ram "Newman, Chris (EPW)" To: "Herrgott,Alex H. EOP/CEQ" Cc: "Willson, James (EPW)" , "Leggett, Matt (EPW)" Date: Wed, 14 Mar 201811:08:04 -0400 Good morning, Alex Good meeting wi th you last week, it was helpful to get perspective on the Administration's thoughts on some more of the elements of the plan, as well as to share our thoughts and efforts thus far. To that end, I am working on a draft approach to prepare legislative language for a ru ral assistance program. Did you or your team ever prepare draft legislative language for your vision of that program? I'd love to take a look at that and see if t he re are provisions that I can apply to come up with an approach hopefully satisfactory bot h you our Committee and to the White House. Thanks! Chris ChristopherM. Newman, P.E. Majority USDOTDetailee Senate Committeeon Environmentand Public Works C: 0: CEQ-18-0173-J-000036 CEQ050FY18091_000002243 Re: Permittin TA From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Neely , Andrew (Commerce)" Cc : Date: "Fuchs, Patrick (Commerce)" , "Gibbons, Fern (Commerce)" , "Arnakis, Adrian (Commerce)" , "Rusnak , Allison 8. EOP/WHO" Fri, 16 Mar 2018 15:24:47 -0400 Thanks, We aim to have everything for you next week. We may send partial ASAP Alex Sent from my iPhone On Mar 16, 2018, at 3:21 PM, Neely, Andrew (Commerce) wrote: Alex, Adrian mentioned you all recent ly spoke on priority permitting provisions within the Administration's infrastructure proposal. Understanding those may not be entirely within Commerce Comm ittee's purview , we would still like to request TA on those provisions considered as top priority. Thanks, Andrew Neely I- CEQ-18-0173-J-000037 CEQ050FY18091_000000770 Permittin TA From "Neely , Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Cc : "Fuchs, Patrick (Commerce)" , "Gibbons , Fern (Commerce)" , "Arnakis, Adrian (Commerce)" Date: Fri, 16 Mar201815 :21:10 -0400 Alex, Adrian men t ioned you all recently spoke on priority permitting provisions within the Administ rat ion's infrastructure proposal. Understanding those may not be entire ly within Commerce Committee's purview, we would still like to request TA on those provisions considered as top priority. Thanks, Andr ew Neely I- CEQ-18-0173-J-000038 CEQ050FY18091_000002230 RE: Permittin TA From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8 dc4dc18bb681 d 14e44c8e9- he"> To: "Neely , Andrew (Commerce)" Date: Wed , 28 Mar 2018 13:58:17 -0400 Copy. I w ill get on top of this to day. We are goi ng to send through DOT From: Neely, Andrew (Commerce) [mail to :Andrew _Neely@commerce.senate .gov] Sent : Wed nesday, Marc h 28, 20181:57 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Permitting TA Rusnak not cc'd. Just us on the last email. From: Her rgott, Alex H. EOP/CEQ Se nt : Wed nesday, Marc h 28 , 20181:56 PM To: Neely, Andrew (Commerce) Subject: RE: Permitt ing TA Rusnak. Are you in today. I wonder what we can have DOT send for us? Whats ready to go I guess? From: Neely, Andrew (Commerce) [mailto:Andrew Sent : Wed nesday, Marc h 28, 2018 1:54 PM To: Herrgott, Alex H. EOP/CEQ Neely@commerce .senate .gov] Subject: RE: Permitting TA Any update here? From: Herrgott, Alex H. EOP/CEQ Sent : Friday, March 16, 2018 3:25 PM To: Neely, Andrew (Commerce) Cc: Fuchs, Patr ick (Commerce) ; Gibbons, Fern (Commerce) ; Arnakis, Ad rian (Commerce ) ; Rusnak, Allison B. EOP/WHO Subject : Re: Permitting TA Thanks, We aim to have everyth ing for you next week . We may send partial ASAP CEQ-18-0173-J-000039 CEQ050FY18091_0000 00424 Alex Sent from my iPhone On Mar 16, 2018, at 3:21 PM, Neely, Andrew (Commerce) Alex, Adrian mentioned you all recent ly spoke on priority permitting provisions within the Administration 's infrastructure proposal. Understanding those may not be entirely within Commerce Committee's puNiew , we would still like to request TA on those provisions considered as top priority. Thanks, Andrew Neely I- CEQ-18-0173-J-000040 2 CEQ050FY18091_000000424 RE: Permittin TA From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Neely , Andrew (Commerce)" Date: Wed , 28 Mar 2018 13:55:43 -0400 Rusnak. Are you in today . I wond er what we can have DOT send for us? Whats ready to go I guess? From:Neely, Andrew (Commerce) [mailto:Andrew _Neely@commerce.senate.gov] Sent : Wednesday, March 28, 20181:54 PM To : Herrgott, Alex H. EOP/CEQ Subject : RE: Permitting TA Any update here? From: Herrgott, Alex H. EOP/CEQ Sent: Friday, March 16, 2018 3:25 PM To: Neely, Andrew (Commerce) Cc: Fuchs, Patrick (Commerce) ; Gibbons, Fern (Commerce) ; Arnakis, Adrian (Commerce) ; Rusnak, Allison B. EOP/WHO Subject : Re: Permitting TA Thanks, We aim to have everyth ing for you next week . We may send partial ASAP Alex Sent from my iPhone On Mar 16, 2018, at 3:21 PM, Neely, Andrew (Commerce) Alex, Adrian mentioned you all recently spoke on priority permitting provisions within the Administration's infrastructure proposal. Understanding those may not be entirely within Commerce Comm ittee's purview, we would still like to request TA on those provisions considered as top priority. Thanks, Andrew Neely I - CEQ-18-0173-J-000041 CEQ050FY18091_000000721 RE: Permittin TA From: "Neely , Andrew (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" Date: Wed, 28 Mar 201814 :00:37 -0400 So you know we also asked DOT to send over loan/credit program TA, it ems under the Bureau's purview. From: Herrgott, Alex H. EOP/CEQ Sent: Wed nesday, Marc h 28, 2018 1:58 PM > To: Neely, Andrew (Commerce) Subject : RE: Perm itt ing TA Copy. I w ill get on top of this today . We are goi ng to send through DOT From: Neely, Andrew (Commerce) [mailto:Andrew Sent : Wed nesday, Marc h 28, 20181 :57 PM Neely@commerce .senate .gov] To: Herrgott, Alex H. EOP/CEQ Subject : RE: Permitting TA Rusnak not cc'd. Just us on the last emai l. From: Herrgott, Alex H. EOP/CEQ Sent : Wed nesday, Marc h 28, 2018 1:56 PM To: Neely, Andrew (Commerce) Subject: RE: Permitting TA Rusnak. Are you in today. I wonder what we can have DOT send for us? Whats ready to go I guess? From: Neely, Andrew (Commerce) fmailto :Andrew Neely@commerce .senate .gov] Sent : Wed nesday, Marc h 28, 20181:54 PM To: Herrgott, Alex H. EOP/CEQ Subject:RE: Permitting TA Any update here? From: Herrgott, Alex H. EOP/CEQ Sent: Friday, March 16, 2018 3:25 PM To: Neely, Andrew (Commerce) Cc: Fuchs, Patr ick (Commerce) ; Gibbons, Fern (Commerce) ; Arnakis, Ad rian (Commerce ) ; Rusnak, Alli son B. EOP/WHO CEQ-18-0173-J-000042 CEQ050FY18091_000001439 Subject: Re: Permitting TA Thanks, We aim to have everyth ing for you next week. We may send partial ASAP Alex Sent from my iPhone On Mar 16, 2018, at 3:2 1 PM, Neely, Andrew (Commerce) wrote : Alex, Adrian mentione d you all recent ly spoke on priority permitting provisions within the Administration 's infrastructure proposal. Understanding t hose may not be entirely within Commerce Committee's purview , we would still like to request TA on those provisions considered as top priority. Thanks, Andrew Neely I- CEQ-18-0173-J-000043 2 CEQ050 FY18091_000001439 RE: Permittin TA From : "Neely, Andrew (Commerce)" Rusnak not cc'd. Just us on the last email. From: Herrgott, Alex H. EOP/CEQ Sent : Wed nesday, March 28, 20181:56 PM To: Neely, Andrew (Commerce) Subject: RE: Permitting TA Rusnak. Are you in today. I wonde r what we can have DOT send for us? Whats ready to go I guess? From: Neely , Andrew (Commerce) [mailto:Andrew Sent; Wed nesday, March 28, 20181:54 PM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Permi tting TA Neely@commerce.senate .gov ] Any update here? From: Herrgott, Alex H. EOP/CEQ Sent : Friday, March 16, 2018 3:25 PM To: Neely, Andrew (Commerce) Cc: Fuchs, Patrick (Commerce) ; Gibbons, Fern (Commerce) ; Arnakis, Adrian (Commerce) ; Rusnak, Allison B. EOP/WHO Subject : Re: Permitting TA Thanks, We aim to have everyth ing for you next week. We may send partial ASAP Alex Sent from my iPhone On Mar 16, 2018 , at 3:2 1 PM , Neely, Andrew (Commerce) Alex, CEQ-18-0173-J-000044 CEQ050FY18091_000001440 Adrian mentioned you all recent ly spoke on priority permitting provisions within the Administration's infrastructure proposal. Understand ing t hose may not be entirely within Commerce Committee's purview, we would still l ike to request TA on those provisions considered as top priority. Thanks, Andrew Neely I - CEQ-18-0173-J-000045 2 CEQ050FY18091_000001440 RE: Permittin TA From: "Neely, Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 28 Mar 2018 13:54 :05 -0400 Any update here? From: Herrgott, Alex H. EOP/CEQ Sent : Friday, March 16, 2018 3:25 PM To: Neely, Andrew (Commerce) Cc: Fuchs, Patrick (Commerce) ; Gibbons, Fern (Commerce) ; Arnakis, Ad rian (Commerce) ; Rusnak, Allison B. EOP/WHO Subject : Re: Permitting TA Thanks, We aim to have everyth ing for you next week . We may send partial ASAP Alex Sent from my iPhone On Mar 16, 2018, at 3:21 PM, Neely, Andrew (Commerce) wrote: Alex, Adrian mentioned you all recent ly spoke on priority permitting provisions within the Administration 's infrastructure proposal. Understanding those may not be entirely within Commerce Comm ittee's purview , we would still like to request TA on those provisions considered as top priority. Thanks, AndrewNeely I - CEQ-18-0173-J-000046 CEQ050FY18091_000001441 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 May 28, 2019 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 11 Dear Mr. Evers: This letter is the eleventh production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this eleventh production, we have processed an additional 200 records and identified 219 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 824 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted email addresses and phone numbers. We have determined that exemptions be applied in 1 redaction instance pursuant to 5 U.S.C. ? 552(b)(7)(E) (Exemption 7(E)). The information redacted under Exemption 7(E) protects against the disclosure of sensitive law enforcement information. Specifically, CEQ redacted security procedures for visiting the White House Complex. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 RE: streamlinin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt )/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Russell, Richard (EPW)" Cc : "Trenti, Beth (EPW)" Date: Mon, 23 Oct 2017 13:22:14 -0400 Hey Richard, So, I really want DJ in the meeting since this really is both a CEO/NECexercise on the infra package; however he is taking much needed vacation this week . CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, schedul ing allowing, Catanzaro, in the room with us all when ta lking legislative ideas. Can I coordinate schedules this week on my end, with the idea of doing something very ear ly next week when DJ returns? From: Russell, Richard (EPW) [mailto:Richard_Russell@epw.senate.gov] Sent: Monday, October 23, 2017 12:11 PM To: Herrgott, Alex H. EOP/CEQ Cc:Trenti, Beth (EPW) Subject:streamlining Do we have a time yet for Wednesday to get folks together to read-through the streamlining section? Richard Russell Staff Director Em'ironm ent & Puhlic Works Comminee 1 CEQ050FY18091_000000884 CEQ-18-0173-K-000001 RE: streamlining From: "Russell, Richard (EPW)" To: "Herrgott , Alex H. EOP/CEQ" Date: Mon, 23 Oct 2017 13:24:01 -0400 Happy to do a second run next week but really would like to get together this week so we can keep the ball moving forward. From: Herrgott, Alex H. EOP/CEQ [mailto sent: Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc:Trenti, Beth (EPW) Subject: RE: streamlining Hey Richard, So, I really want DJ in the meeting since this really is both a CEQ/NEC exercise on the infra package; however he is taking much needed vacation this week. CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, scheduling allowing, Catanzaro, in the room with us all when talking legislative ideas . Can I coordinate schedules this week on my end, with the idea of doing something very ear ly next week when DJ returns? From: Russell, Richard (EPW) [mailto:Richard Russell@epw .senate .gov] Sent: Monday, October 23, 2017 12:11 PM To: Herrgott, Alex H. EOP/CEQ Cc: Trenti, Beth (EPW) Subject: streamlining Do we have a time yet for Wednesday to get folks together to read-through the streamlining section? Richard Russell Sta.ffDirector Environment& Public Works Committee 1 CEQ050FY18091_000001723 CEQ-18-0173-K-000002 streamlining From: "Russell, Richard (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Cc: "Trenti, Beth (EPW)" Date: Mon, 23 Oct 2017 12:10:33-0400 Do we have a time yet for Wednesday to get folks together to read-through the streamlining section? Richard Russell Staff Direc1or Environmenr& Public Works Committee 1 CEQ050FY 18091 _ 000002453 CEQ-18-0173-K-000003 Fwd: 10.25.17 Letterto PresidentTrump.pdf From: "Holland, Luke (lnhofe)" To: "Herrgott, Alex H, EOP/CEQ" Date: Thu , 26 Oct 2017 14:05:20 -0400 Attachments: 10.25.17 Letter to President Trump.pdf (296.66 kB) Sent from my iPhone Begin forwardedmessage: From: Date: October 25, 2017 at 9:15:21 PM EDT To: Ryan Thompson Subject: 10.25.17 Letter to President Trump.pd f 1 CEQ050FY 18091 _ 000002443 CEQ-18-0173-K-000004 llnitcd~rates~cnatc WASHINGTON, DC 20510 October 25, 2017 The Honorable Donald Trump President of the United States The White House 1600 Pennsylvania A venue Washington, D.C. 20500 Mr. President: Hard working Americans whose jobs depend on a strong independent refining industry deserve the opportunity for you to hear directly from their representatives on the potential impact of policies that could kill their jobs and destroy a critical component of our nation's economy. If your administration does not make adjustments or reforms on matters related to the Renewable Fuel Standard (RFS), it will result in a loss of jobs around the country, particularly in our states. For example, a recent study found that if U.S. independent refiners go out of business, an estimated 75,000 to 150,000 American jobs are potentially at risk. Indeed, this week the Wall Street Journal editorial board highlighted the tragic consequences of the EPA's latest actions in this area for Pennsylvanian union workers, many of whom enthusiastically support you. Philadelphia Energy Solutions faces ever increasing RIN prices and last year was forced to lay off 70 workers. Ryan O'Callaghan, president of United Steelworkers Local 10-1, who reportedly has 692 members remaining at Philadelphia Energy Solutions, voiced his fears that they are being left behind. Mr. O'Callaghan's fears are shared by Americans all across the country, who depend on a strong refining industry for their livelihoods, and who supported Republicans this past year so that they would have a Congress and a President who would stand up for them. But, at the same time, Mr. O' Callaghan expressed hope that you will instead decide to pursue policies that help workers like those at Philadelphia Energy Solutions. We write to you in that same spirit of hope. Accordingly, we request that within the next three weeks you convene a meeting regarding the RFS and pro-jobs policies with us, our Senate colleagues who previously lobbied you on behalf of the ethanol industry, and relevant members of your administration, to discuss a pathway forward toward a mutually agreeable solution that will also save refining jobs and help unleash an American energy renaissance. Thank you for continued service to our great nation. 1 CEQ050F Y18091_000002444 CEQ-18-0173-K-000005 Infrastructure streamlining provisions From: "Newman, Chris (EPW)" To: "Herrgott, Alex. H. EOP/CEQ" Cc: 'Thorndike, Pauline (EPW)" Date: Mon, 27 Nov 2017 16:45:15 -0500 Good afternoon, Alex Thanks for taking the time last month to meet with our team on the emerging ideas for the Infrastructure package. I'd like to follow up in order to continue that conversation so we are in a better position for timely action when we and the Administration agree that it's the right time to take action on that initiative. For the provision we discussed on "expediting high priority projects" (Sec. 612 from the EPW draft bill), I was hoping I could sit down with you and your team and craft that idea into something that would be complementary with FAST41and Administration thoughts. Do you have some time later this week, or the week or December 11 that would work? We could meet here or alternatively our group would be happy to come to Jackson Pl. Also, from that meeting, you'd mentioned to Pauline Thorndike, the EPW Army Corps of Engineers Detailee, that you had some draft Corps language to share. If you have an opportunity to follow up that as well, I'm sure she will greatly appreciate it. I look forward to talking soon, thanks! Chris Christopher M . Newman , P.E. Majority USDO T Detailee Senate Commit tee on Environment and Public Works 1 CEQ050FY 18091 _ 000002418 CEQ-18-0173-K-000007 RE: Infrastructure streamlinin rovisions From "Herrgott, AlelC H. EOP/CEQ" <"/o=elCchange organization/ou=exchange administrative group (fyd iboh f23spd It)/cn=reci pients/cn =456561 07f8dc4dc 18bb681 d 14e44c8e9-he"> To: "Newman, Chris (EPW}" Cc: "Thorndike, Pauline (EPW)" Date: Mon, 27 Nov 2017 18:36:19 -0500 Chris, Thanks for fo llowing up . I received a call from Beth today and gave her a status update . We are still working with 0MB on this idea of de-federalizing projects, while empowering non-federal sponsors . I will be in touch very soon. Alex From:Newman, Chris (EPW) [mailto:Chris_Newman@epw.senate.gov) Sent: Monday, November 27, 2017 4:45 PM To: Herrgott, Alex H. EOP/CEQ Cc:Thorndike, Pauline (EPW) Subject: Infrastructure streamlining provisions Good afternoon, Alex Thanks for taking the tlme last month to meet with our team on the emerging ideas for the Infrastructure package. I'd like to follow up in order to continue that conversation so we are in a better position for timely action when we and the Administration agree that it's the right time to take action on that initiative. For the provision we discussed on "expediting high priority projects" (Sec. 612 from the EPW draft bill), I was hoping I could sit down with you and your team and craft that idea into something that would be complementary with FAST41and Administration thoughts. Do you have some time later this week, or the week or December 11 that would work? We could meet here or alternatively our group would be happy to come to Jackson Pl. Also, from that meeting, you'd mentioned to Pauline Thorndike, the EPW Army Corps of Engineers Detailee, that you had some draft Corps language to share. If you have an opportunity to follow up that as well, I'm sure she will greatly appreciate it. I look forward to talking soon, thanks! Chris 1 CEQ050FY18091_000002908 CEQ-18-0173-K-000008 Christopher M. Newman, P.E. Majority USDOT Detailee Senate Committee on Environment and Public Works 2 CEQ050FY18091_000002908 CEQ-18-0173-K-000009 Re: Infrastructurestreamliningprovisions From: "Newman, Chris (EPW)" To: "Herrgott,Alex H. EOP/CEQ" Date: Tue, 28 Nov 2017 08:36:39 -0500 Perfect, thanks for the heads up. Talk to you soon. Chris Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network. From: Herrgott,Alex H. EOP/CEQ Sent: Monday,November27, 2017 6:36 PM To: Newman,Chris(EPW) Cc:Thorndike,Pauline (EPW) Subject: RE:Infrastructurestreamliningprovisions Chris, Thanks for following up. I received a call from Beth today and gave her a status update . We are still working with 0MB on this idea of de-federalizing projects, whi le empowering non-federal sponsors . I will be in touch very soon. Alex From: Newman, Chris (EPW)[mailto:Chris_Newman@epw.senate.gov] Sent : Monday, November 27, 2017 4:45 PM To: Herrgott, Alex H. EOP/CEQ Cc:Thorndike, Pauline (EPW) Subject: Infrastructure streamlining provisions Good afternoon, Alex Thanks for taking the time last month to meet with our team on the emerging ideas for the Infrastructure package. I'd like to follow up in order to continue that conversation so we are in a better position for timely action when we and the Administration agree that it's the right time to take action on that initiative. For the provision we discussed on "expediting high priority projects" (Sec. 612 from the EPWdraft bill), I was hoping I could sit down with you and your team and craft that idea into something that would be complementary with FAST41and Administration thoughts. Do you have some time later this week, or 1 CEQ050FY18091_000003175 CEQ-18-0173-K-000010 the week or December 11 that would work? We could meet here or alternatively our group would be happy to come to Jackson Pl. Also, from that meeting, you'd mentioned to Pauline Thorndike, the EPWArmy Corps of Engineers Deta ilee, that you had some draft Corps language to share. If you have an opportunity to follow up that as well, I'm sure she will greatly appreciate it. I look forward to talking soon, thanks! Chris Christopher M. Newman, P.E. Majority USDOT Detailee Senate Committee on Environment and .Public Works 2 CEQ050FY18091_000003175 CEQ-18-0173-K-000011 Re: Infrastructure Meeting From To: Cc: Date: "Lai, Joseph G. EOP/WHO" "Gribbin, DJ J. EOP/WHO" "Van Doren, Terry (McConnell)" , "Herrgott, Alex H. EOP/CEQ" Fri, 08 Dec 2017 17:26:36 -0500 Terry: If you arc free cailicr in the week , we can host you for breakfast or lunch at the WH with me. DJ. Alex, and Recd Cordish (if Reed's schedule permits). Would be a good opponunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai SpecialAssistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017. at 5:08 PM, Gribbin, DJ J. EOP;WHO wrot e : Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange. DJ From: Van Doren, Terry (McConnell) [mailto:Ter ry VanDoren@mcconne ll.senate.gov ) Sent : Friday, December 8, 2017 5 :04 PM To: Gribbin, DJJ. EOP/WHO Cc:Lai, Joseph G. EDP/WHO Subject: Infrastructure Meeting DJ., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you reco1mnend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking , 1 CEQ050FY18091_000001668 CEQ-18-0173-K-000012 Commerce at a minimum and maybe Finance. lt would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all ofus to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. lfyou can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Vat11Vorew Policy Advisor Office of Majority Leader McConn eU Washington , DC 20510 2 CEQ050FY18091_000001668 CEQ-18-0173-K-000013 RE: Infrastructure Meeting From "Van Doren, Terry (McConnell)" "Gribb in, DJ J. EOP/WHO" To: Cc: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 08 Dec 2017 17:31 :01 -0500 I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry VOU\/Vorew Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 From: Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJJ. EOP/WHO Cc:Van Doren, Terry (McConnell) ; Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, OJ,Alex, and Reed Cordish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs 1 CEQ050FY18091_000002403 CEQ-18-0173-K-000014 Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJ J. EOP/WHO wrote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconne ll.senate.gov ) Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc: Lai, Joseph G. EOP/WHO Subject: Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoever you recommend come up to the Hi11to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all ofus to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry VCt+11 Vore.+11 Policy Advisor Office of Majority Lea der McConnell Washington, DC 20510 2 CEQ050FY18091_000002403 CEQ-18-0173-K-000015 RE: Infrastructu re Meeting From To: "Gribbin, DJ J. EOP/WHO' "Van Doren, Terry (McConnell)" "Herrgott, Alex H. EOP/CEQ' ' Cc: Date: Fri. 08 Dec 2017 17:08:20 -0500 Thursday 10-5 and Friday 1-4 work on my end . Thanks for offering to arrange. DJ From:Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnelLsenate.gov] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO > Cc: Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone ear]jer. As mentioned , I'd Jike to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of ju risdiction on infrastructure prior to Christmas . We 'd invite Republican staff from EPW, Banking , Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration ' s infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry VCM1I Vore-t'\I Policy Advisor Office of Majority Leader McConnell W ashington , DC 20510 1 CEQ050FY 18091 _ 000002404 CEQ-18-0173-K-000016 Re: Infrastructure Meetin From To: "Lai, Joseph G. EOP/WHO" "Van Doren, Terry (McConnell)" , "Herrgott, Alex H. EOP/CEQ" Cc: Date: Sun. 10 Dec 2017 22:56:56 -0500 Terry: Wanted to check in on your breakfast/lui1ch schedule for this week. Joe. Joseph Lai SpeciaJAssistant to the President LegislativeAffairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 From: Lai, Joseph G. EOP/WHO mailto: . Sent: Friday, December 8, 2017 5 :27 PM To: Gribbin, OJ J. EOP/WHO Cc:Van Doren, Terry (McConnell) ; Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cardish (if Reed's schedule permits). 1 CEQ050FY18091_000001667 CEQ-18-0173-K-000017 Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, OJJ. EOP/WHO wrote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange. DJ From:Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJJ. EOP/WHO Cc:Lai,Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of juri sdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking , Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastruc ture proposal is headed and for all of us to discuss coordination and open questions as we, pre.pare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lockin a conference room and invite all our committee folks and a couple people from our otlice . Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 2051 O 2 CEQ050FY18091_000001667 CEQ-18-0173-K-000018 RE: Infrastructure Meetin From To: "Van Doren, Terry (McConnell)" "Lai, Joseph G. EOP/WHO" , "Herrgott, Alex H. EOP/CEQ" Cc: Date: Mon, 11 Dec 2017 11 :11:34 -0500 Yes, of course , we will make sure you are cleared through. Thanks for making time for this. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 2051 O From: Lai, Joseph G. EOP/WHO [mailt Sent: Monday~ December 11, 2017 11:02 AM To: Van Doren, Terry (McConnell) Cc: Gribb in, DJJ. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: Re: Infra structure Meeting Great. Can you add DJ and Alex to the Capitol appointment list I will escort them into the building on Friday. Sent from my iPhone On Dec 11, 2017, at 10:33 AM, Van Doren, Terry (McConnell) wrote: Great. Let's lock it in. We will gather in the Strom Room of the Capitol. Come by S-230 (our front office) and I will get you there . I am looking forward to this. I know our Committees appreciate it too. I am budgeting an hour for this meeting from 1-2PM, if it ends early then we' II be happy to have the extra time on our schedules. Thanks again for making time for this. (C) Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 1 CEQ050FY18091_000001663 CEQ-18-0173-K-000019 Subject:Re: Infrastructure Meeting Friday 1pm works for us Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 11, 2017, at 10:07 AM, Van Doren, Terry (McConnell) wrote: Could you do this Staff Director meeting at I PM on Friday? I am envisioning Banking, EPW, Commerce, maybe Finance. Any other Committees that should be there in your view? Ag for the rural component? Let me know if this works; if not, I will go back to drawing board. Thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 from: Lai, Joseph G. EOP/WHO [mailt Sent: Monday, December 11, 2017 8:25 AM Subject: RE: Infrastructure Meeting Terry : Please keep us updated on the staff director meeting . 2 CEQ050FY18091_000001663 CEQ-18-0173-K-000020 My colleague Lindsey will be in touch w ith you , DJ, and Alex about finding a time for lunch or breakfast this week . Thanks! From:Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate .gov ] Sent: Monday, December 11, 201712:31 AM To: Lai, Joseph G. EOP/WHO Cc:Gribbin, DJJ. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure Meeting Hey Joe. Thanks for the fo llow-up. I am sti ll try ing to track down one Committee staff director to lock- in our briefing time. Was just going to send one email on both subjects, so I was in a holding pattern on lunch. On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from . On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday , or Friday. I m ight be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'all and I'l l do my best to make it work . Thanks again. TVD From: Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM Subject: Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone 3 CEQ050FY18091_000001663 CEQ-18-0173-K-000021 On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of MajorityLeader McConnell Washington, DC 20510 From:Lai, Joseph G. EOP/WHO mailto: Sent: J:riday, December 8, 2017 5:27 PM To: Gribbin, DJJ. EOP/WHO Cc:Van Doren, Terry (McConne ll) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cardish {if Reed's schedule permits}. Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJJ. EOP/WH wrote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ 4 CEQ050FY18091_000001663 CEQ-18-0173-K-000022 From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconnell.senate.gov 1 Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc:Lai,Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking , Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in. advance. If you can shoot me some date(s)/time{s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 5 CEQ050FY18091_000001663 CEQ-18-0173-K-000023 Re: Infrastructure Meetin From To : "Lai, Joseph G. EOP/WHO" "Van Doren, Terry (McConnell)" "Herrgott, Alex H. EOP/CEQ" Cc: Date : Mon, 11 Dec201710:21:19 -0500 Friday 1pmworksfor us Josepb Lai Special Ass istant to the President Legislative Affairs Sent from my iPhone On Dec 11, 2017. at 10:07AM, Van Doren, Terry (McConnell) wrote: Could you do this Staff Director meeting at 1PM on Friday? I am envisioning Banking, EPW, Commerce, maybeFinance. Any other Committeesthat should be there in your view? Ag for the rural component? Let me know iftbjs works ; if not, I will go back to drawing board. Thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 o - o '. oo - oo o .. o. o - o I - o o o o o -: . o- m o I o Subject: RE: Infrast ructure M eet ing Terry : Please keep us updated on the staff director meeting . 1 CEQ050FY18091_000001665 CEQ-18-0173-K-000024 My colleague Lindsey will be in touch with you, DJ, and Alex about finding a t ime for lunch or breakfast this week. Thanks! From: Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Monday, December 11, 201712:31 AM To: Lai, Joseph G. EOP/WHO Cc:Gribbin , DJ J. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject:RE: Infr astructu re Meeting Hey Joe. Thanks for the follow-up. I am sti ll trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one email on both subjects, so I was in a hold ing pattern on lunch . On relevant Comm ittee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from . On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'all and I'll do my best to make it work . Thanks again . TVD . .. ' . .oo o - oo oo - . " I o I I o o oo o : . . .: o. oo o Subject:Re: Infrastru cture Meet ing Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone 2 CEQ050FY18091_000001665 CEQ-18-0173-K-000025 On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 From: Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJJ. EOP/WHO Cc:Van Doren, Terry (McConnel l) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cardish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President legislative Affairs Sent from my iPhone wrote: On Dec 8, 2017, at 5:08 PM, Gribbin, DJ J. EOP/WHO < Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ 3 C EQ050FY 18091 _ 000001665 CEQ-18-0173-K-000026 From: Van Doren, Terry (McConnell) (mai lto :Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject: Infrastructure Meeting DJ., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance_ It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordinatio.n and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance_ If you can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 4 CEQ050FY 18091_ 000001665 CEQ-18-0173-K-000027 RE: Infrastructure Meetin From To: "Lai, Joseph G. EOP/WHO" "Van Doren, Terry (McConnell)" "Herrgott , Alex H. EOP/CEQ" Cc: Date: Mon, 11 Dec 2017 08:24:34 -0500 Terry: Please keep us updated on the staff director meeting. My colleague Lindsey will be in touch with you, DJ, and Alex about finding a time for lunch or breakfast this week . Thanks! From:Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov] Sent: Monday, December 11, 2017 12:31 AM To: Lai, Joseph G. EOP/WHO Cc:Gribbin, DJ J. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject:RE: Infra structure Meeting Hey Joe. Thanks for the follow-up. I am still trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one email on both subjects , so I was in a hold ing pattern on lunch . On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from . On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday , or Friday . might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y' all and I'll do my best to make it work. Thanks again. TVD From: Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM To: Van Doren, Terry (McConnell) Cc:Gri bbin, DJ J. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: Re: Infrastru ctu re Meeting Terry: 1 CEQ050FY18091_000001666 CEQ-18-0173-K-000028 Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President legislative Affairs Sent from my iPhone On Dec 8, 1017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConne.11 Washington , DC 205 l 0 From:Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJ J. EOP/WHO Cc:Van Doren, Terry {Mc Connell) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meet ing Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cardish {if Reed's schedule permits). Would be a good opportunity for us to preview things for you a head of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President 2 CEQ050FY18091_000001666 CEQ-18-0173-K-000029 Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJ J. EOP/WHO rote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lockin a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 3 CEQ050FY18091_000001666 CEQ-18-0173-K-000030 RE: Infrastructure Meetin From - Lunch "Morton, Lindsey D. EOP/WHO" mcconnell.senate .gov, "Herrg ott, Alex H. EOP/CEQ" "Gribbin , DJ J. EOP/WHO" To: Cc: ''Lai, Joseph G. EOP/WHO" Date: Mon, 11 Dec201712:09:57 -0500 All, Would you be available for lunch on Wednesday, December 13 th at 1:15PM in the White House Navy Mess? If so, I will send the WAVES information and calendar invite. Please let me know if you need anything further . Thanks, Lindsey Morton Lindsey D. Morton Office of Legislative Affairs The Wh ite House Office: From: Lai, Joseph G. EOP/WHO Sent: Monday, December 11, 2017 8:25 AM To: 'Van Doren, Te rry (McConnell)' Cc:Gribb in, DJ J. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject: RE: Infra structure Meeting Terry : Please keep us updated on the staff director meeting. My colleague Lindsey will be in touch with you, DJ, and Alex about finding a time for lunch or breakfast this week. Thanks! 1 CEQ050FY18091_000002394 CEQ-18-0173-K-000031 From:Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov] Sent: Monday, December 11, 2017 12:31 AM To: Lai, Joseph G. EOP/WHO Cc:Gri bbin, DJJ. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructu re Meet ing Hey Joe. Thanks for the follow-up. I am still trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one email on both subjects , so I was in a hold ing pattern on lunch. On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from. On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the ot her three days. Just let me know what works for y'all and I'll do my best to make it work. Thanks again. TVD From: Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM To: Van Doren, Terry (McConnell) Cc:Gribb in, DJJ. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon. Appreciate the offer and the help. TVD 2 CEQ050FY18091_000002394 CEQ-18-0173-K-000032 Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 From:Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJ J. EOP/WHO Cc:Van Doren, Terry (McCon nell) ; Herrgott, Alex H. EOP/CE Subject:Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cordish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJJ. EOP/WHO wrote: Thursday 10-5 and Friday 1-4 work on my end . Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject: Infrastructure Meeting 3 CEQ050FY18091_000002394 CEQ-18-0173-K-000033 D.J., I enjoyed talking with you on the phone earlier. As mentioned , l 'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW , Banking , Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration 's infrastrncture proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance .. If you can shoot me some date(s )/time (s) that work for you, I will loc.kin a conference room and invite all our committee folks and a couple people from our offi ce. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McC onnell Washington , DC 20510 4 CEQ050FY18091_000002394 CEQ-18-0173-K-000034 Re: Infrastructure Meetin From To: "Lai, Joseph G. EOP/WHO' "Van Doren, Terry (McConnell)" "Herrgott, Alex H. EOP/CEQ" Cc: Date: Mon, 11 Dec 2017 11 :02:04 -0500 Great. Can you add DJ and Alex to the Capitolappointmentlist I will escon them into the buildingon Friday. Sent frommy iPhoue On Dec I I, 2017, at 10:33AM, Van Doren, Terry (McConnell) wrote: Great. Let's lock it in. We will gather in the Strom Room of the Capitol. Come by S-230 (our front office) and I will get you there . [ am looking forward to this. I know our Committees appr eciate it too. I am budgeting an hour for this meeting from 1-2PM, if it ends early then we '11be happy to have the extra time on our schedules. Thanks again for making time for this. (C) Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 205 l 0 From; Lai, Joseph G. EOP/WHO [mailt Sent: Monday, December 11, 201710:21 AM To: Van Doren, Terry (McConnell) Cc: Gribbin , DJJ. EOP/WHO ; Herrgott , Alex H. EOP/CEQ Subject:Re: Infrastruc ture Meet ing Friday 1pm works for us Joseph Lai Special Assistant to the President Legislative Affairs 1 CEQ050FY18091_000002395 CEQ-18-0173-K-000035 Sent from my iPhone On Dec 11, 2017, at 10:07 AM, Van Doren, Terry (McConnell) wrote: Could you do this Staff Director meeting at I PM on Friday? I am envisioning Banking , EPW, Commerce , maybe Finance. Any other Committees that should be there in your view? Ag for the rural component? Let me know if this works; if not, I will go back to drawing board. Thanks in advance. TVD Terry Van Dor en Policy Advisor Oflice of Majorit y Leader McConnell Washington , DC 20510 Subject: RE: Infra structu re Meeting Terry : Please keep us updated on t he staff di rector meeting . My colleague Lindsey will be in touch w ith you , DJ, and Alex about finding a time for lunch or breakfast this week . Thanks! From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Monday, December 11, 2017 12:31 AM To: Lai,Joseph G. EOP/WHO Cc:Gribbin, DJJ. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: RE: Infrastructure Meeting Hey Joe. Thanks for the fo llow-up . I am sti ll trying to track down one Committee staff director to lock-in our briefing t ime . Was just going to send one ema il on both subjects, so I was in a holding pattern on lunch . 2 CEQ050FY18091_000002395 CEQ-18-0173-K-000036 On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from . On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. I might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'all and I'l l do my best to make it work. Thanks again. TVD From: Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM To: Van Doren, Terry (McConnell) Cc:Gribbin, DJJ. EOP/WHO ; Herrgott , Alex H. EOP/CEQ Subject: Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you oo botb questions soon. Appreciate tbe offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 From: Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJJ. EOP/WHO Cc:Van Doren, Terry (McConnell) ; Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructure Meeting 3 CEQ050FY18091_000002395 CEQ-18-0173-K-000037 Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cardish (if Reed's schedule permits}. Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone wrote: On Dec 8, 2017, at 5:08 PM, Gribbin, DJJ. EOP/WHO Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell} [mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJJ. EOP/WHO Cc:Lai, Joseph G. EOP/WH Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW , Banking, Commerce at a minimum and maybe Finance. Jt would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD 4 CEQ050FY18091_000002395 CEQ-18-0173-K-000038 Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 5 CEQ050FY18091_000002395 CEQ-18-0173-K-000039 RE: Infrastructure Meetin From To: "Van Doren, Terry (McConnell)" "Lai, Joseph G. EOP/WHO" , "Herrgott, Alex H. EOP/CEQ" Cc: Date: Mon, 11 Dec201710:33:51 -0500 Great. Let's lock it in. We will gather in the Strom Room of the Capitol. Come by S-230 (our front office) and I will get you there. I am looking forward to this. I know our Comn-iittees appreciate it too. I am budgeting an hour for this meeting from l-2PM , if it ends early then we'll be happy to have the extra time on our schedules. Thanks again for making time for this. (C) Terry Van Doren Policy Advisor Office of Majority Leader McConneU Washington , DC 20510 From:Lai,JosephG. EOP/WHO[mailt Sent: Monday, December 11, 2017 10:21 AM To: Van Doren, Terry (McConnell) Cc: Gri bbin, DJ J. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructu re Meet ing Friday 1pm works for us Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 11, 2017, at 10:07 AM, Van Doren, Terry (McConnell) wrote: 1 CEQ050FY18091_000002396 CEQ-18-0173-K-000040 Could you do this Staff Director meeting at 1PM on Friday? lam envisioning Banking , EPW, Commerce , maybe Finance. Any other Committees that should be there in your view? Ag for the rural component? Let me know if this works ; if not. I will go back to drawing board. Thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 Subject:RE: Infrastructure Meeting Terry : Please keep us updated on the staff director meeting. My colleague Lindsey will be in touch with you, DJ, and Alex about finding a time for lunch or breakfast this week. Thanks! From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconne ll.senate.gov ] Sent: Monday, December 11, 2017 12:31 AM To: Lai, Joseph G. EOP/WHO Cc:Gribbin , DJ J. EOP/W HO Herrgott, Alex H. EOP/CEQ Subject:RE: Infr astr uct ure M eet ing Hey Joe. Thanks for the follow-up. I am sti ll trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one emai l on both subjects, so I was in a holding pattern on lunch. On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from. On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'all and I'll do my best to make it work. Thanks again. TVD 2 CEQ050FY18091_000002396 CEQ-18-0173-K-000041 From: Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM Subject: Re: Infrastructu re Meet ing Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon . Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Offic e of Majority Leader McConnell Washington , DC 20510 From: Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJJ. EOP/WHO Cc: Van Doren, Terry {McConnell) ; HerrgoU, Alex H. EOP/CEQ Subject: Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cardish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. 3 CEQ050FY18091_000002396 CEQ-18-0173-K-000042 What do you think? Joe Joseph Lai Special Assistant to the President legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJ J. EOP/WHO rote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . OJ From:Van Doren, Terry (McConnell) [mai lto :Terry Van0oren@mcconnell. senate.gov ] Sent:Friday, December 8, 2017 5:04 PM To: Gribbin, DJJ. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance. It would just be an opponunity for you to update us on where the Administration's infrastrncture proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And than.ks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 4 CEQ050FY18091_000002396 CEQ-18-0173-K-000043 RE: Infrastructure Meetin From To: "Van Doren, Terry (McConnell)" "Lai, Joseph G. EOP/WHO" "Herrgott , Alex H. EOP/CEQ" Cc: Date: Mon, 11 Dec201710 ;07:43 -0500 Could you do this Staff Director meeting at 1PM 011 Friday? I am envisioning Banking , EPW, Commerce, maybe Finance. Any other Committees that should be there in your view? Ag for the rural component? Let me know if this works; if not, I will go back to drawing board. Thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 2051O From: Lai, Joseph G. EOP/WHO [mailt Sent:Monday, December 11, 2017 8:25 AM To: Van Doren, Terry (McConnell) Cc:Gribb in, DJ J. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE:Infrastructure Meeting Terry : Please keep us updated on the staff director meeting. My colleague Lindsey will be in touch with you, OJ,and Alex about finding a time for lunch or breakfast this week . Thanks! From:Van Doren, Terry (McConnell) (mai lto :Terry Van0oren@mcconnell.senate .gov] Sent: Monday~ December 11, 2017 12:31 AM To: Lai, Joseph G. EOP/WHO Cc:Gribb in, DJ J. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject:RE:Infrastr ucture Meeting 1 CEQ050FY 18091_000002401 CEQ-18-0173-K-000044 Hey Joe. Thanks for the follow-up. I am still trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one email on both subjects , so I was in a hold ing pattern on lunch . On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from. On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'all and I'll do my best to make it work. Thanks again. TVD From: Lai, Joseph G. EOP/WHO mailto: Sent: Sunday, December 10, 2017 10:57 PM To: Van Doren, Terry (McConnell) Cc:Gribbin, DJJ. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructure Meet ing Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I' ll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 From: Lai, Joseph G. EOP/WHO mailto: Sent: Friday, December 8, 2017 5:27 PM 2 CEQ050FY 18091_000002401 CEQ-18-0173-K-000045 To: Gribbin, DJJ. EOP/WHO Cc:Van Doren, Terry {McConnell) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cordish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you a head of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJ J. EOP/WHO rote: Thursday 10-5 and Friday 1-4 work on my end . Thanks for offering to arrange. DJ From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? 3 CEQ050FY 18091_000002401 CEQ-18-0173-K-000046 Thanks in advance. lf you can shoot me some date(s)/time(s) that work for you, 1 will lockin a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 4 CEQ050FY 18091_000002401 CEQ-18-0173-K-000047 RE: Infrastructure Meetin From To: "Van Doren, Terry (McConnell)" "Lai, Joseph G. EOP/WHO" , "Herrgott, Alex H. EOP/CEQ" Cc: Date: Mon, 11 Dec 2017 00 :31 :02 -0500 Hey Joe. Thanks for the follow-up . I am still trying to track down one Committee staff director to lock-in our briefing time . Was just going to send one email on both subjects , so I was in a hold ing pattern on lunch . On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from . On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'a ll and I'll do my best to make it work. Thanks again . TVD From:Lai, Joseph G. EOP/WHO [mailto: Sent: Sunday, December 10, 2017 10:57 PM To: Van Doren, Terry (McConnell) Cc:Gribb in, DJJ. EOP/WHO >; Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: 1 CEQ050FY18091 _ 000002402 CEQ-18-0173-K-000048 rll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 From:Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJJ. EOP/WHO Cc:Van Doren, Terry (McConnell) ; Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructu re Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cordish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJ J. EOP/WHO rote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell) (mailto :Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 8, 2D17 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject: Infrastructure Meeting 2 CEQ050FY 18091 _ 000002402 CEQ-18-0173-K-000049 D.J., I enjoyed talking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Re.publican staff from EPW , Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lockin a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 3 CEQ050FY 18091_ 000002402 CEQ-18-0173-K-000050 RE: Infrastructure Meetin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fyd iboh f23 spd It)/en =reci pients/cn =456561 07f8dc4dc 18bb681 d 14e44c8e9-he"> To: "Lai, Joseph G. EOP/WHO' Cc: "Gribbin, OJ J. EOP/WHO" Date: Mon, 11 Dec 2017 09 :21 :55 -0500 "Van Doren, Terry (McConnell)" Thanks Joe and TVD. This will be good. From: Lai, Joseph G. EOP/WHO Sent: Monday, December 11, 2017 8:25 AM To: Van Doren, Terry (McConnell) Cc:Gribb in, DJ J. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: RE: Infrastr ucture Meet ing Terry : Please keep us updated on the staff director meeting. My colleague Lindsey will be in touch with you, DJ, and Alex about finding a time for lunch or breakfast this week. Thanks! From: Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov] Sent: Monday, December 11, 2017 12:31 AM To: Lai,Joseph G. EOP Cc:Gribb in, DJ J. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject : RE: Infra str ucture Meet ing Hey Joe. Thanks for the follow-up. I am still trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one email on both subjects, so I was in a holding pattern on lunch. On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from. On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'a ll and I'll do my best to make it work. Thanks again. TVD 1 CEQ050FY18091_000002854 CEQ-18-0173-K-000051 From: Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM To: Van Doren, Terry (McConnell) Cc:Gribb in, DJ J. EOP/WH Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 205 I 0 From:Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJJ. EOP/WHO Cc:Van Doren, Terry (McConnell) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meet ing Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cardish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. 2 CEQ050FY18091_000002854 CEQ-18-0173-K-000052 What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJ J. EOP/WHO wrote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange. DJ From:Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJJ. EOP/WH Cc:Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J. , I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Cbristmas. We'd invite Republican staff from EPW , Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where tbe Administration 's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to mov e forv.oard. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lockin a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thank s in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 205 l 0 3 CEQ050FY18091_000002854 CEQ-18-0173-K-000053 RE: Infrastructure Meetin From - Lunch "Gribbin , DJ J. EOP/WHO" To: "Van Doren, Terry (McConnell)" , "Morton, Lindsey D. EOP/WHO" "Herrgott , Alex H. EOP/CEQ" Cc: ''Lai, Joseph G. EOP/WHO" Date: Tue , 12 Dec 2017 16:12:12 -0500 Only thing I have on Tuesday that cannot be moved is a lunch. Can we do b/f or after? From:Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov] Sent:Tuesday, December 12, 2017 3:11 PM To: Morton, Lindsey D. EOP/WHO Subject:RE: Infrastructure Meet ing - Lunch Tuesday , the 19th at NOON should work for me if it does for y 'all. If not, we can break bread in the new year right before you roll something out. Thanks again. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell w ?ashington , DC 20510 From: Morton, Lindsey D. EOP/WHO [mailt Sent: Tuesday, December 12, 2017 3:00 PM To: Van Doren, Terry (McConnell) ; EOP/CEQ< Herrgott, Alex H. Gribbin, DJ J. EOP/WHO Subject:RE: Infrastructure Meet ing - Lunch All, We are trying to solidify a time next week for this lunch . We are looking at either Monday (18th ) or Tuesday (19th ) of next week in the Navy Mess. The Mess has (2) lunch times - 12 Noon or 1:15PM . Please let me know which date/time would work best for you. Thanks! 1 C EQ0S0FY18091_000001658 CEQ-18-0173-K-000054 Lindsey Morton Lindsey 0. Morton Office of Legislative Affairs The White House From: Morton, Lindsey D. EOP/WHO Sent: Monday , December 11, 201712:10 PM To: 'Ter ry_ VanDoren@mcconnell.senate.gov' ; Herrgott, Alex H. EOP/CEQ Gribbin, DJJ. EOP/WHO Subject: RE: Infrastr ucture Meeting - Lunch All, Would you be available for lunch on WedAesday, December 13~ at 1:15PM in tl'le Wl'lite Ho1;1se Na?y Mess-7 If so, I will send the WAVES information and calendar invite. Please let me know if you need anything further. Thanks, Lindsey Morton Lindsey 0. Morton Office of Legislative Affairs The White House Office: From: Lai, Joseph G. EOP/WHO Sent: Monday, December 11, 2017 8:25 AM To: 'Van Doren, Terry (McConnell)' Cc:Gribbin, DJJ. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure Meeting Terry: 2 C EQ050FY18091_ 000001658 CEQ-18-0173-K-000055 Please keep us updated on the staff director meeting . My colleague Lindsey will be in touch with you, DJ, and Alex about finding a time for lunch or breakfast this week. Thanks! From:Van Doren, Terry (McConnell) [mailto :Terry VanDoren@mcconnell.senate .gov] Sent: Monday, December 11, 2017 12:31 AM To: Lai, Joseph G. EOP/WHO Cc:Gribbin, DJJ. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE:Infrastructure Meeting Hey Joe. Thanks for the follow-up. I am still trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one email on both subjects, so I was in a holding pattern on lunch . On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from. On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'all and I'll do my best to make it work . Thanks again. TVD From:Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM To: Van Doren, Terry (McConnell) Cc:Gribbin, DJJ. EDP/WHO ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone 3 CEQ050FY18091_000001658 CEQ-18-0173-K-000056 On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McCom1ell Washington, DC 20510 From:Lai, Joseph G. EOP/WHO [mailt Sent: l=riday, December 8, 2017 5:27 PM To: Gribbin, DJ J. EOP/WHO Cc:Van Doren, Terry (McConne ll) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Ale)(, and Reed Cordish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJ J. EOP/WHO wrote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ 4 CEQ050FY 18091 _ 000001658 CEQ-18-0173-K-000057 From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoever you recommend come up to the mil to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking , Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lockin a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 5 CEQ050FY18091_000001658 CEQ-18-0173-K-000058 RE : Infrastructure Meetin From - Lunch "Van Doren, Terry (McConnellt "Herrgott , A lex H. "Gribbin , DJ J. EO P/WHO" "Morton , Lindsey D. EOP/WHO" To : EOP/CEQ" Cc: ''Lai, Joseph G. EOP/WHO' Date: Tue , 12 Dec 20 17 15:11 :02 -0500 Tuesday , the I 9 th at NO ON should work for me if it does for y'a ll. If not , we can break bread in the new year right be.fore you roll some thing out. Thanks again. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 From: Morto n, Lindsey D. EOP/WHO [mailto Sent: Tuesday, December 12, 2017 3:00 PM To: Van Doren , Terry {McConne ll ) ; EOP/CEQ ; Gri bbin , Herrgot t , A lex H. DJJ. EOP/W HO Cc: Lai, Joseph G. EOP/WHO Subject : RE: Infras t ructure Meeting - Lunch All, We are trying to solidify a time next week for this lunch. We are looking at either Monday {18th ) or Tuesday (19 th ) of next week in the Navy Mess. The Mess has (2) lunch times -12 Noon or 1:15PM. Please let me know which date/time would work best for you. Thanks! Lindsey Morton Lindsey D. Morton Office of Legislative Affairs The White House 1 C EQ0S0FY18091_000001659 CEQ-18-0173-K-000059 From: Morton, Lindsey D. EOP/WHO Sent: Monday, December 11, 2017 12:10 PM To: 'Terry_VanDoren@mcconnell.senate H. EOP/CEQ .gov' ; Herrgott, Alex ; Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject:RE: Infrastructure Meeting - Lunch All, Would you be available for lunch on We1foesclay, Deceffiber 13th at 1:15PM iA the White Hot1se Navy Mess-! If so, I will send the WAVES information and calendar invite. Please let me know if you need anything further. Thanks, Lindsey Morton Lindsey D. Morton Office of Legislative Affairs The White House From: Lai, Joseph G. EOP/WHO Sent: Monday, December 11, 2017 8:25 AM To: 'Van Doren, Terry (McConnell)' Cc:Gribb in, DJ J. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructure Meeting Terry : Please keep us updated on the staff director meeting. My colleague Lindsey will be in touch with you, DJ, and Alex about finding a time for lunch or breakfast this week. Thanks! From:Van Doren, Terry (McConnell) [mai lto :Terry VanDoren@m cconnell.senate.go v] Sent: Monday , December 11, 2017 12:31 AM 2 CEQ050FY18091_000001659 CEQ-18-0173-K-000060 To: Lai, Joseph G. EOP/WHO Cc:Gribbin, DJJ. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE:Infrastructure Meeting Hey Joe. Thanks for the follow-up . I am still trying to track down one Committee staff director to lock-in our briefing time . Was just going to send one email on both subj ects, so I was in a hold ing pattern on lunch. On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from. On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the ot her three days. Just let me know what works for y' all and I'll do my best to make it work . Thanks again. TVD From:Lai,JosephG. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM To: Van Doren, Terry (McConnell) Cc:Gribbin, DJJ. EOP/WHO ; Herrgott , Alex H. EOP/CEQ Subject: Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at S:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell 3 CEQ 050FY1 8091_0 0000165 9 CEQ-18-0173-K-000061 Washington , DC 20510 From:Lai, Joseph G. EOP/WHO mailto : Sent: Friday, December 8, 2017 5:27 PM To: Gribbin, DJJ. EOP/WHO Cc:Van Doren, Terry {McConnell) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infra structu re Meet ing Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cordish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJJ. EOP/WHO wrot e : Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconnell.senate .gov ] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJJ. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Comm ittees of jurisdiction on infrastructure prior to Cbristmas. We 'd invite Republican staff from EPW, Banking , Commerce at a minimum and maybe Finance. It would just be an opportunity for you to 4 CEQ050FY18091_000001659 CEQ-18-0173-K-000062 update us on where the Admi.nistration,s infrastructure proposal is headed and for all of us to discuss coordination and ope.n questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lockin a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 5 CEQ050FY18091_000001659 CEQ-18-0173-K-000063 RE: Infrastructure Meetin From To: Date: - Lunch "Lai, Joseph G. EOP/WHO" "Gribbin , DJ J. EOP/WHO" , "Morton . Lindsey D. EOP/WHO" "Herrgott , Alex H. EOP/CEQ" Tue , 12 Dec 2017 16:13:48 -0500 Let's do 30 min before or after with DJ and then Terry, Fish, and me can have a more casual lunch afte r! From: Gribbin, DJJ. EOP/WHO Sent: Tuesday, December 12, 2017 4:12 PM To: Van Doren, Terry (Mc Connell) ; Morton, Lindsey D. EOP/WHO ; Herrgott, Alex H. EOP/CEQ > Subject: RE: Infrastructure Meet ing - Lunch Only thing I have on Tuesday that cannot be moved is a lunch. Can we do b/f or after ? From: Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov] Sent: Tuesday, December 12, 2017 3:11 PM To: Morton, Lindsey D. EOP/WHO > Cc:Lai, Joseph G. EOP/WHO Subject: RE: Infrastructure Meet ing - Lunch Tuesday , the 19th at NOON should work for me if it does for y'all. If not, we can break bread. in the new year right before you roll somethin g out. Thanks again . TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Wash ington , DC 205 lO From: Morton, Lindsey D. EOP/WHO [mailt Sent: Tuesday, December 12, 2017 3:00 PM To: Van Doren, Terry (McConnell) ; Herrgott, Alex H. EOP/CEQ Gribbin, DJ J. EOP/WHO Subject: RE: Infrastructure Meeting - Lunch 1 C EQ050FY 18091 _ 000002392 CEQ-18-0173-K-000064 All, We are trying to solidify a time next week for this lunch. We are looking at either Monday (18 th ) or Tuesday (19 th ) of next week in the Navy Mess. The Mess has (2) lunch times - 12 Noon or 1:15PM. Please let me know which date/time would work best for you. Thanks! Lindsey Morton Lindsey D. Morton Office of Legislative Affairs The White House From: Morton, Lindsey D. EOP/WHO Sent: Monday, December 11, 2017 12: 10 PM To: 'Terry_ VanDoren@mc con nell.sena te.gov' ; Herrgott , Alex H. EOP/CEQ ; Gribbin, DJ J. EOP/WHO Subject:RE: Infrastructure Meeting - Lunch All, Would you be available for lunch on Wednesday, December 13tl:lat 1:15PM in the White Hot.JseNa'?'y ~ If so, I will send the WAVES information and calendar invite. Please let me know if you need anything further. Thanks, Lindsey Morton Lindsey D. Morton Office of Legislative Affairs The White House Office: 2 CEQ050FY18091_000002392 CEQ-18-0173-K-000065 From: Lai, Joseph G. EOP/WHO Sent: Monday, December 11, 2017 8:25 AM Subject: RE: Infrastr uctur e M eet ing Terr y: Please keep us updated on the staff director meeting . My colleague Lindsey will be in touch with you, DJ, and Alex about finding a time for lunch or breakfast this week. Thanks! From:Van Doren, Terry (McConnell) [mai lto :Terry VanDoren@mcconnell.senate .gov ] Sent: Monday, December 11, 2017 12:31 AM To: Lai, Joseph G. EOP/WHO Cc:Gribb in, OJJ. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: RE:Infrastructure Meet ing Hey Joe. Thanks for the follow-up. I am still trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one email on both subjects, so I was in a hold ing pattern on lunch . On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from. On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'all and I'll do my best to make it work . Thanks again . TVD From: Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM Subject: Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe 3 CEQ050FY18091_000002392 CEQ-18-0173-K-000066 Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: I'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 From:Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 2017 S :27 PM To: Gribbin, DJ J. EOP/WHO Cc:Van Doren, Terry {McConnell) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cordish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? Joe Joseph Lai Special Assistant to the President Legislative Affairs 4 CEQ 050 FY18091_000 002392 CEQ-18-0173-K-000067 Sent from my iPhone On Dec 8, 2017, at 5:08 PM, Gribbin, DJJ. EOP/WHO wrote: Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange. DJ From: Van Doren, Terry (McConnell) [mailto :Terry VanDoren@mcconnell.senate .gov ] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJJ. EOP/WH Cc:Lai, Joseph G. EOP/WHO Subject: Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastrncture prior to Christmas. We'd invite Re.publican staff from EPW, Banking, Commerce at a minimum and maybe Financ,e. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open que.stions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. lf you can shoot me some date(s)/time(s) that work for you, I will lockin a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 2051 O 5 CEQ050FY18091_000002392 CEQ-18-0173-K-000068 RE: Infrastructure Meetin From - Lunch "Morton, Lindsey D. EOP/WHO' mcconnell.senate .gov , "Herrgott, Alex H. EOP/CEQ" ' "Gribbin , DJ J. EOP/WHO" To : Cc : "Lai, Joseph G. EOP/WHO" < Date: Tue, 12 Dec 2017 15:00:07 -0500 All, We are trying to solidify a time next week for this lunch. We are looking at either Monday (18tt 1) or Tuesday (19th ) of next week in the Navy Mess. The Mess has (2) lunch times - 12 Noon or 1:15PM. Please let me know which date/time would work best for you. Thanks! Lindsey Morton Lindsey D. Morton Office of Legislative Affairs The White House Office: From:Morton , Lindsey D. EOP/WHO Sent: Monday, December 11, 201712:10 PM To: 'Ter ry_VanDoren@mcconnell.senate .gov' ; Herrgott, Alex H. EOP/CEQ ; Gribbin, DJJ. EOP/WHO Cc: Lai, Joseph G. EOP/WHO Subject:RE: Infrastructure Meeting - Lunch All, Would you be available for lunch on VoJeanesclay,OeceR'!ber B~ at 1:15PM in the White l-lo1;1se Na:v;? Mew If so, I will send the WAVES information and calendar invite. Please let me know if you need anything further. 1 C EQ050FY18091_ 000002393 CEQ-18-0173-K-000069 Thanks, Lindsey Morton Lindsey D. Morton Office of Legislative Affairs The White House From: Lai, Joseph G. EOP/WHO Sent: Monday, December 11, 2017 8:25 AM To: 'Van Doren, Terry (McConnell)' Cc: Gribb in, DJJ. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE: Infrast ructure Meeti ng Terry: Please keep us updated on the staff director meeting. My colleague Lindsey will be in touch with you, DJ, and Alex about finding a time for lunch or breakfast this week . Thanks! From: Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov] Sent: Monday, December 11, 2017 12:31 AM To: Lai, Joseph G. EOP/WHO Cc: Gribbi n, DJ J. EOP/ WHO Herrgott , Alex H. EOP/CEQ Subject: RE: Infrast ructure Me etin g Hey Joe. Thanks for the follow-up. I am still trying to track down one Committee staff director to lock-in our briefing time. Was just going to send one email on both subjects, so I was in a holding pattern on lunch. On relevant Committee meeting/briefing, I am leaning towards 1PM or 3PM on Friday (again depending on the feedback of the last staff director I need to hear from. On lunch down at the Mess. I am booked tomorrow but I could do Tuesday, Wednesday, or Friday. might be able to do Thursday but it is not as easy as the other three days. Just let me know what works for y'all and I'll do my best to make it work. Thanks again. TVD From: Lai, Joseph G. EOP/WHO [mailt Sent: Sunday, December 10, 2017 10:57 PM 2 CEQ050FY18091_000002393 CEQ-18-0173-K-000070 To: Van Doren, Terry (McConnell} Cc:Gribbin, DJJ. EOP/WH Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructure Meeting Terry: Wanted to check in on your breakfast/lunch schedule for this week. Joe Joseph Lai Special Assistant to the President Legislative Affairs Sent from my iPhone On Dec 8, 2017, at 5:31 PM, Van Doren, Terry (McConnell) wrote: l'll get back to you on both questions soon. Appreciate the offer and the help. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 From:Lai, Joseph G. EOP/WHO [mailt Sent: Friday, December 8, 1017 5:27 PM To:Gribbin, DJ J. EOP/WHO Cc:Van Doren, Terry {McConnell) ; Herrgott, Alex H. EOP/CEQ Subject:Re: Infrastructure Meeting Terry: If you are free earlier in the week, we can host you for breakfast or lunch at the WH with me, DJ, Alex, and Reed Cardish (if Reed's schedule permits). Would be a good opportunity for us to preview things for you ahead of the larger group meeting. What do you think? 3 CEQ 050FY18091_ 000002393 CEQ-18-0173-K-000071 Joe Joseph Lai Special Assistant to the President legislative Affairs Sent from my iPhone wrote: On Dec 8, 2017, at 5:08 PM, Gribbin, DJJ. EOP/WHO Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange. DJ From:Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJJ. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject: Infrastructure Meeting DJ., I enjoyed talking with you on the phone earlier. As mentioned,I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Cbristmas. We'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to disc.uss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lockin a conference room and invite all our committee folks and a couple people from our office,. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 4 CEQ050FY18091_000002393 CEQ-18-0173-K-000072 Infrastructure/Permit Streamlinin From: "Flores, Daniel" To: "Herrgott, Alex H. EOP/CEQ" Cc: "Freeland , Jeff K. EOP/OMB' Date: Thu , 14 Dec 2017 18:16:01 -0500 Attachments: OF_003_x ml (005).pdf (45 kB) Alex, following up on our recent discussion with Amanda Neely about infrastructure and permit streamlining, attached is the draft APA-based permit streamlining bill we have worked up in Judiciary. It's intended to provide: (1) a simple, effective reform for those permit proceedings not covered by FAST-41, WRDA, MAP-21, or specific schedules established by the White House; and (2) a durable baseline of reform available if it is not possible to make FAST41 permanent before that legislation's sunset kicks in. As you'll see, the bill's approach is very simple : (1) revise the APA's provisions authorizing actions for unlawful withholding or unreasonable delay so that courts may rebuttably presume that a delay of more than two years in acting on a permit application is an unreasonable delay; (2) require actions challenging permitting decisions to be based on issues raised before the agency during its proceedings; and {3) require those same actions to be brought within a short statute of limitations. The first of these elements provides a potent incentive for agencies to wrap up their decisions within two years, along with hope for a definite, prompt remedy in any unreasonable delay actions that do have to be brought. The latter assure that agencies and perrnittees aren't sandbagged in litigation by newly raised issues and that litigation is brought very promptly . Together, these three elements provide a much surer framework within which project-investment decisions can be made and sustained . We would welcome your input regarding the bill in general and whether the principles it embodies could in one way or another make it into the White House's stat ement of principles on infrastructure next month. Please keep it on a close hold for the time being, though. I expect that we'll share it this month with Amanda and a handful of prospective cosponsors, but we'd otherwise like to keep it under wraps until it's ready for introduction. All the best, Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform , Commercial and Antitrust Law Committee on the Judici ary United States House of Representatives (ph) (cell) (fax) mail .house . ov 1 CEQ050FY18091_000002389 CEQ-18-0173-K-000073 G:\CMTE\ID\15\REGREFORM\DF _003.XML [DISCUSSIONDRAFT] 115TH CONGRESS 1ST SESSION H.R. 'I'o amend ehapter 7 of title 5, United States Code, to provide for eertain limitations on jndieial review of ageney aetions, and for other pmvoses. IN THE HOUSE OF REPRESENTATIVES M . _____ introdneed the following bill; whieh was referred to the Committee on ------------ A BILL To amend chapter 7 of title 5, United States Code, to provide for certain limitations on judicial review of agency ac- tions, and for other purposes. l Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Permitting Litigation 5 Efficiency Act of 2017". g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) (648708111) CEQ050FY18091_000002390 CEQ-18-0173-K-000074 G:\CMTE\ID\15\REGREFORM\DF _003.XML 2 1 SEC. 2. LIMITATIONS ON JUDICIAL REVIEW OF AGENCY AC- 2 3 TIONS. Section 706 of title 5, United States Code, is amend- 4 ed5 (1) by striking 6 "(a) To the extent"; and 7 8 "To the extent" and inserting (2) by adding at the end the following: '' (b) A court shall presume a delay in final action on 9 an application for Federally-required permits to be an un- 10 reasonable delay for purposes of subsection (a) if final ac11 tion on all permits applied for is not taken before- 12 " (1) the date for final action established m a 13 schedule set by an official designated by the Presi- 14 dent, provided that such schedule is established not 15 later than 60 days of the filing of the completed ap- 16 plication and includes, in addition to such date for 17 final action, a date prior to such date for the final 18 determination 19 quired environmental review; or 20 of the scope of any statutorily re- "(2) in the absence of a such a date for final 21 action on the application, 22 after the date the completed application was filed, 23 other than in accordance with- 24 the date that is 2 years "(A) a timetable under section 41003( c)(2) 25 of the Fixing America's Surface Transportation 26 Act? g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) ' (648708111) 2 CEQ050FY18091_000002390 CEQ-18-0173-K-000075 G:\CMTE\ID\15\REGREFORM\DF _003.XML 3 1 2 3 4 5 "(B) section 139 of title 23, United States Code; or "(C) section 2045 of the Water Resources Development Act of 2007. "(c) Notwithstanding any other provision of law, judi- 6 cial review of any permitting determination for a permit 7 described in subsection (b) shall be barred unless the ac8 tion is filed not later than 60 days after the date of the 9 final record of decision or approval or denial of the permit, 10 unless a different time is otherwise specified in law. In 11 any action seeking judicial review under this section, such 12 review shall be limited only to matters that were included 13 in any record of the proceeding of the agency that pertain 14 to the issuance of the permit, including the final deter- 15 mination of the scope of any enviromnental review.". 16 SEC. 3. ISSUANCE OF RESTRAINING ORDERS AND INJUNC17 18 TIONS. (a) PRELIMINARYINJUNCTIONSOR TEMPORARYRE- 19 STRAINING ORDERS.-Section 705 of title 5, United 20 States Code, is amended- 21 22 23 24 (1) by striking "When an agency" and inserting "(a) When an agency"; and (2) by adding at the end the following: '' (b) In any action seeking review of a determination 25 to issue a permit, if a party moves for a temporary g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) re- (648708111) 3 CEQ050FY18091_000002390 CEQ-18-0173-K-000076 G:\CMTE\ID\15\REGREFORM\DF _003.XML 4 1 straining order or preliminary injunction pertaining to the 2 permit or the permitted activity, the court, in addition to 3 any other applicable equitable considerations4 "(1) shall consider, in assessing the balance of 5 the equities and the public interest, 6 beneficial and harmful effects resulting from such an 7 order or i11junction on public health, safety, the envi- 8 ronment, and economic interests, 9 that will be affected by the permitted activity and on 10 11 12 the potential including in areas the employment of United States workers; " (2) may not presume that any harms identified pursuant to paragraph (1) are reparable; 13 "(3) may condition such an order or injunction 14 upon the payment by the party seeking such order 15 or injunction of a bond equal to an amount not to 16 exceed $5,000,000 or a lesser, but material, percent- 17 age of the reasonably 18 the project for which the permit or permits were ap- 19 plied; and 20 anticipated costs of delay of '' (4) may not issue a temporary restraining 21 order unless the party seeking the order shows that 22 it was not reasonably possible to seek a preliminary 23 injunction at an earlier date.". g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) (648708111) 4 CEQ050FY18091_000002390 CEQ-18-0173-K-000077 G:\CMTE\ID\15\REGREFORM\DF _003.XML 5 1 (b) PERMANENTlN,JUNCTIONS.-Section 706 of title 2 5, United States Code, as amended by this Act, is further 3 amended by adding at the end the following: 4 "(d) In any action seeking review of a determination 5 to issue a permit, if a party moves for a restraining order 6 or i11junction pertaining to the permit or the permitted 7 activity, the court, in addition to considering any other 8 applicable equitable factors, shall issue such order only if 9 it is determined to be in the public interest, 10 in making such determination, 11 12 "(1) and shall, consider the environmental benefits of the per- mitted activity; and 13 "(2) the costs, including detrimental 14 the environment, of any delay in undertaking 15 permitted activity. 16 " (e) The court may preclude recovery by a permit ap- effects on of the 17 plicant on a bond required under section 705(b)(3) if the 18 court determines the action was substantially justified.". g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) (648708111) 5 CEQ050FY18091_000002390 CEQ-18-0173-K-000078 RE: Infrastructure Meetin From To: "Van Doren, Terry (McConnell)" "Gribbin, DJ J. EOP/WHO' , "Herrgott, Alex H. EOP/CEQ" Cc: Date: Fri. 15 Dec 2017 11 :33:39 -0500 Relatively small group Jeff Wrase (Finance) Gregg Richard (Banking) Jen Deci (Banking) Richard Russell (EPW) Nick Rossi (Commerce) Adrian Arnakis (Commerce) Scott Raab (from our office , covers Commerce Committee) Hazen Marshall (our policy director) Terry Van Doren That should be it. We have other Committees that could be involved later but these. are the main ones that I wanted to get in today . See you at I PM. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 205 l 0 From:Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, December 15, 2017 9:52 AM To: Van Doren, Terry (McConnell) Cc: Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure Meeting Names wou ld help me as I do not know them as wel l as Joe and Alex. From:Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Friday, December 15, 2017 9:51 AM To: Gribbin, DJJ. EOP/WHO Cc: Lai, Joseph G. EOP/WHO ; Herrgott , Alex H. EOP/CEQ 1 CEQ050FY18091_000001653 CEQ-18-0173-K-000079 Subject:RE: Infrastructure Meeting I have invited the Staff Directors of Banking , EPW and Commerce. I have offered for them to bring their infrastructure policy expert(s) they have on staff While other Committees may be involved, those were the three. most obvious to me. If we need to bring in othe.r Committees , I am happy to do that subsequent to this meeting. I can try to get you actual names of attendees if that is helpful. See you this afternoon. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Wa shington , DC 20510 From:Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, December 15, 2017 9:48 AM To: Van Doren, Terry (McConnell) Cc: Lai, Joseph G. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructure Meet ing P.S.do you have a list of attendees? From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Friday, December 15, 2017 9:44 AM To: Gribbin, DJ J. EOP/WH Cc: Lai, Joseph G. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject:RE: Infrastructure Meeting Just confirming that we are still on to mee t with several of our relevant Committee staff today at 1PM here in the Capitol. I have you checked through the security desk. I have the Strom Room scheduled for an hour from 1 to 2PM. If we get done early, obviously that will be fine. l11anks for coming up here and helping us coordinate on this important subject. Terry Van Doren Policy Advisor Offi ce of Majority Leader McConnell Washington , DC 20510 From:Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, December 8, 2017 5:08 PM 2 CEQ050FY18091_000001653 CEQ-18-0173-K-000080 Subject:RE: Infrastructure Meeting Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell) (mailto:Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc: Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend. come up to the Hill to brief our Committees of ju risdiction on infrastructure prior to Christmas. We 'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, [ will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 3 CEQ050FY18091_000001653 CEQ-18-0173-K-000081 RE: Infrastructure Meetin From To: "Gribbin , DJ J. EOP/WHO" "Van Doren, Terry (McConnell)" , "Herrgott, Alex H. EOP/CEQ" Cc: Date: Fri. 15 Dec 2017 09:47:42 -0500 P.S.do you have a list of attendees? From:Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov] Sent: Friday, December 15, 2017 9:44 AM To: Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject: RE: Infras tr ucture Meeting Just confirming that we are still on to meet with severa] of our relevant Committee staff today at 1PM here in the Capitol. l have you checked through the security desk. I have the Strom Room scheduled for an hour from I to 2PM. If we get done early, obviously that will be fine. Thanks for coming up here and he.Jping us coordinate on this important subject. Terry Van Doren Policy Advisor Office of Majo rity Leader McConnell Washingto n, DC 20510 From:Gribbin, DJ J. EOP/WHO [mailto Sent: Friday, December 8, 2017 5:08 PM To: Van Doren, Terry (McConnell) Cc:Lai, Joseph G. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: RE: Infra structu re Meeting Thursday 10-5 and Friday 1-4 work on my end . Thanks for offering to arrange . OJ From:Van Doren, Terry (McConnell) (mailto :Terry Van0oren@mcconnell.senate Sent: Friday, December 8, 2017 5:04 PM 1 .gov] CEQ050FY18091_000001654 CEQ-18-0173-K-000082 To: Gribbin, DJ J. EOP/WHO Cc: Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoever you recomme.nd come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas . We 'd invite Republican staff from EPW, Banking , Commerce at a minimum and maybe Finance . It would just be an opportunity for you to update us on where the Administration's infrastrncture proposal is headed and for all of us to discuss coordination and open questions as we prepare to move fonvard. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you , I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren .._ Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 2 CEQ050FY18091_000001654 CEQ-18-0173-K-000083 RE: Infrastructure Meetin From To: "Gribbin , DJ J. EOP/WHO" "Van Doren, Terry (McConnell)" "Herrgott , Alex H. EOP/CEQ" Cc: Date: Fri. 15 Dec 2017 09:47 :06 -0500 Look forward to seeing you at 1. From:Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov) Sent: Friday, December 15, 2017 9:44 AM To: Gribbin, DJ J. EOP/WHO Cc: Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure Meeting Just confirming that we are still on to meet with several of our relevant Committee staff today at 1PM here in the Capitol. I have you checked through the security desk. I have the Strom Room scheduled for an hour from l to 2PM. If we get done early, obviously that will be fine. Thanks for coming up here and helping us coordinate on this important subject. Terry Van Doren Policy Advisor Office of Majo rity Leader McConnell Washington , DC 20510 From:Gribbin, DJ J. EOP/WHO [mailt Sent: Frirbiy, l)er:emher R, 7017 5:0R PM To: Van Doren, Terry (McConnell) Cc: Lai, Josep h G. EOP/WHO >; Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructu re Meeting Thursday 10-5 and Friday 1-4 work on my end . Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell) (mai lto :Terry VanDoren@mcconnell.senate Sent: Friday, December 8, 2017 5:04 PM .gov ] To: Gribbin, DJ J. EOP/WHO 1 CEQ050FY18091_000001655 CEQ-18-0173-K-000084 Cc:Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned, I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of jurisdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentione .d Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you , I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 2 CEQ050FY18091_000001655 CEQ-18-0173-K-000085 RE: Infrastructure Meetin From To: "Van Doren, Terry (McConnell)" "Gribbin, DJ J. EOP/WHO" "Herrgott , Alex H. EOP/CEQ" Cc: Date: Fri. 15 Dec 2017 09:43 :56 -0500 Just confirming that we are still on to meet with several of our relevant Committee staff today at 1PM here in the Capitol. I have you checked through the se.curity desk. I have the Strom Room scheduled for an hour from 1 to 2PM. If we get done early, obviously that will be fine. Thanks for coming up here and he-lping us coordinate on this important subject. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 From:Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, December 8, 2017 5:08 PM To:Van Doren, Terry (McConnell) Cc:Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastr ucture Meeting Thursday 10-5 and Friday 1-4 work on my end . Thanks for offering to arrange . DJ From:Van Doren, Terry (McConnell) (mai lto :Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, OJJ. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J., I enjoyed talking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of juri sdiction on infrastructure prior to Christmas. We 'd invite Republican staff from EPW, Banking , Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Adminisiration's infrastmcrure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? 1 CEQ050FY18091_000001656 CEQ-18-0173-K-000086 Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And thanks in advance. TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 2 CEQ050FY18091_000001656 CEQ-18-0173-K-000087 RE: Infrastructure Meetin From To: "Van Doren, Terry (McConnell)" "Gribbin, DJ J. EOP/WHO" , "Herrgott, Alex H. EOP/CEQ" Cc: Date: Fri. 15 Dec 2017 09:51 :09 -0500 I have invited the Staff Directors of Banking , EPW and Commerce. I have offered for them to bring their infrastructure policy expen(s) they have on staff While other Committees may be involved, those were the three most obvious to me. If we need to bring in other Committees , I am happy to do that subsequent to this meeting. I can try to get you actual names of attendees if that is helpful. See you this afternoon. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Wasliington, DC 20510 From: Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, December 15, 2017 9:48 AM To: Van Doren, Terry (McConnell) Cc:Lai, Joseph G. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: RE: Infrastr ucture Meeting P.S. do you have a list of attendees? From: Van Doren, Terry (McConnell) (mai lto :Terry Van0oren@mcconnell.senate .gov] Sent: Friday, December 15, 2017 9:44 AM To: Gribbin, DJJ. EOP/WHO Cc:Lai, Joseph G. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructure Meeting Just confirming that we are still on to meet with several of our relevant Commjttee staff today at 1PM here in the Capitol. I have you chec.ked through the security desk. I have the Strom Room scheduled for an hour from 1 to 2PM. Ifwe get done early , obviously that will be fine. Thanks for coming up here and helping us coordinate on this important subject. 1 CEQ050FY18091_000002388 CEQ-18-0173-K-000088 Terry Van Doren Policy Advisor Office of Majority Leader Mcconnel I Washington , DC 20510 From: Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, December 8, 2017 5:08 PM To: Van Doren, Terry (McConne ll) Cc:Lai, Joseph G. EOP/WHO Herrgo tt, Alex H. EOP/CEQ Subject:RE: Infrastr ucture Meet ing Thursday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange. DJ From: Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJ J. EOP/WHO Cc:Lai, Joseph G. EOP/WHO Subject: Infrastructure Meeting D.J., I enjoyed ta.lking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoeveryou recommendcome up to the Hill to brief our Committeesof jurisdiction on infrastrncture prior to Christmas . We 'd invite Republican staff from EPW, Banking , Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastructure proposal is headed and for all of us to discuss coordination and open questions as we prepare to move. forward. I think you mentione.d Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple . people from our office. Let me know if that works for you. And thanks in advance . TVD Terry Van Doren Policy Advisor Offic e of Majority Leader McConnell Washington , DC 20510 2 CEQ050FY18091_000002388 CEQ-18-0173-K-000089 RE: Infrastructure Meetin From To: "Gribbin , DJ J. EOP/WHO" "Van Doren, Terry (McConnell)" "Herrgott , Alex H. EOP/CEQ" Cc: Date: Fri. 15 Dec 2017 09:52:14 -0500 Names wou ld help me as I do not know t hem as we ll as Joe and Alex . From:Van Doren, Terry (McConnell) [mailto:Terry_ VanDoren@mcconnell.senate.gov] Sent: Friday, December 15, 2017 9:51 AM To: Gribbin, DJJ. EOP/WHO Cc: Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructure Meeting I have invited the Staff Directors of Banking, EPW and Commerce. I have offered for them to bring their infrastructure policy expert(s) they have on staff While other Committees may be involved, those were the three most obvious to me. If we need to bring in other Committees, I am happy to do that subsequent to this meeting. I can try to get you actual names of attendees if that is helpful. See you this afternoon. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 From: Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, December 15, 2017 9:48 AM To: Van Doren, Terry (McConnell) Cc: Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructure Meeting P.S.do you have a list of attendees? From:Van Doren, Terry (McConnell) [mailto :Terry VanDoren@mcconnell.senate .gov] Sent: Friday, December 15, 2017 9:44 AM To: Gribbin, DJJ. EOP/WHO 1 CEQ050FY 18091_ 000003171 CEQ-18-0173-K-000090 Herrgott, Alex H. EOP/CEQ Subject:RE: Infrastructure Meeting Just confirming that we are still on to meet with several of our relevant Committee staff today at 1PM here in the Capitol. I have you checked through the security desk. l have the Strom Room scheduled for an hour from 1 to 2PM. If we get done early, obviously that will be fine. Thanks for coming up here and helping us coordinate on this important subject. Terry Van Doren Policy Advisor Office of M~jority Leader McConnell Washington , DC 20510 From:Gribbin, DJJ. EDP/WHO [mailt Sent: Friday, December 8, 2017 5:08 PM Subject:RE: Infrastructure Meeting Thu rsday 10-5 and Friday 1-4 work on my end. Thanks for offering to arrange. DJ From:Van Doren, Terry (McConnell) [mailto:Terry VanDoren@mcconnell.senate.gov ] Sent: Friday, December 8, 2017 5:04 PM To: Gribbin, DJJ. EOP/WHO Cc: Lai, Joseph G. EOP/WHO Subject:Infrastructure Meeting D.J. , I enjoyed talking with you on the phone earlier. As mentioned , I'd like to have you and Alex or whoever you recommend come up to the Hill to brief our Committees of juri sdiction on infrastructure prior to Christmas. We'd invite Republican staff from EPW, Banking, Commerce at a minimum and maybe Finance. It would just be an opportunity for you to update us on where the Administration's infrastrncture proposal is headed and for al I of us to discuss coordination and open questions as we prepare to move forward. I think you mentioned Thursday afternoon or Friday of next week might be good for you? Thanks in advance. If you can shoot me some date(s)/time(s) that work for you, I will lock-in a conference room and invite all our committee folks and a couple people from our office. Let me know if that works for you. And than.ks in advance. TVD Terry Van Doren Policy Advisor 2 CEQ050FY18091_000003171 CEQ-18-0173-K-000091 Office of Majority Leader McConnell Washington, DC 20510 3 CEQ050FY18091_000003171 CEQ-18-0173-K-000092 RE: Infrastructure/Permit Streamlinin From: "Flores, Daniel" To: "Herrgott, Alex H. EOP/CEQ" Cc: "Freeland, Jeff K. EOP/OMB' Date: Thu, 21 Dec 2017 14:53:18-0500 Alex, hi - just wanted to check.in on this. If you have any feedback, that'd be great. I will be out of the office from tomorrow through New Year's, but reachable by email. All the best, and happy holidays to you Daniel From: Flores, Daniel Sent: Thursday, December 14, 2017 6:16 PM To: 'Herrgott, Alex H. EOP/CEQ Cc: Jeff Freeland Subject:Infrastructure/Permit Streamlining Alex, following up on our recent discussion with Amanda Neely about infrastructure and permit streamlining, attached is the draft APA-based permit streamlining bill we have worked up in Judiciary. It's intended to provide: (1) a simple, effective reform for those permit proceedings not covered by FAST-41, WRDA, MAP-21, or specific schedules established by the White House; and (2) a durable baseline of reform available if it is not possible to make FAST41 permanent before that legislation's sunset kicksin. As you'll see, the bill ' s approach is very simple: (1) revise the APA's provisions authorizing actions for unlawful withholding or unreasonable delay so that courts may rebuttably presume that a delay of more than two years in acting on a permit application is an unreasonable delay; (2) require actions challenging permitting decisions to be based on issues raised before the agency during its proceedings; and (3) require those same actions to be brought within a short statute of limitations . The first ot these elements provides a potent incentive for agencies to wrap up their decisions within two years, along with hope for a definite, prompt remedy in any unreasonable delay actions that do have to be brough t . The latter assure that agencies and permittees aren't sandbagged in litigation by newly raised issues and that litigation is brought very promptly. Together, these three elements provide a much surer framework. within which project-investment decisions can be made and sustained. We would welcome your input regarding the bill in general and whether the principles it embodies could in one way or another mak.e it into the Wh ite House's statement of principles on infrastructure next month. Please keep it on a close hold for the time being, though. I expect that we'll share it this month with Amanda and a handful of prospective cosponsors, but we'd otherwise like to keep it under wraps until it's ready for introduction. All the best, 1 CEQ050FY 18091_ 000002372 CEQ-18-0173-K-000093 Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform , Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives (ph) (cell) (fax) mail .house . ov 2 CEQ 050FY18091 _00000 2372 CEQ-18-0173-K-000094 FW: Infrastructure/Permit Streamlinin From: "Flores, Daniel" To: "Herrgott, Alex H. EOP/CEQ" K. EOP/OMB" Cc : "Neumayr, Mary B. EOP/CEQ' Date: Tue, 02 Jan 2018 10:38:54 -0500 Attachment s: , "Freeland, Jeff OF_003_xml (005).pdf (45 kB) Checking in again. This is a high priority for us. I have a meeting at Treasury about an unrelated matter at 3:00 p.m. on Thursday. Would it be feasible to meet 3t your offices before or after that to discuss this legislation? Also, I'm cc'ing Mary Neumayr on this, since I recall that she and I discussed this bill at one point last fall. Best regards, Daniel From: Flores, Daniel Sent: Thursday, December 14, 2017 6:16 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Jeff Freeland Subject: Infrastru cture/Permit Streamlining Alex, following up on our recent discussion with Amanda Neely about infrast ructure and permit streamlining, attached is the draft APA-based permit streamlining bill we have worked up in Judiciary. It's intended to provide: (1) a simple, effective reform for those permit proceedings not covered by FAST-41, WRDA, MAP-21, or specific schedules established by the White House; and {2) a durable baseline of reform available if it is not possible to make FAST41 permanent before that legislation's sunset kicks in. As you'll see, the bill's approach is very simple: (1) revise the APA's provisions authorizing actions for unlawful withholding or unreasonable delay so that courts may rebuttably presume that a delay of more than two years in acting on a permit application is an unreasonable delay; {2) require actions challenging permitting decisions to be based on issues raised before the agency during its proceedings; and {3) require those same actions to be brought within a short statute of limitations. The first of these elements provides a potent incentive for agencies to wrap up their decisions within two years, along with hope for a definite, prompt remedy in any unreasonable delay actions that do have to be brought. The latter assure that agencies and permittees aren't sandbagged in litigation by newly raised issues and that litigat io n is brought very promptly. Together, these three elements provide a much surer framework within which project-investment decisions can be made and sustained. We would welcome your input regarding the bill in general and whether the principles it embodies could in one way or another make it into the Wh ite House's statement of principles on infrastructure next 1 CEQ050FY18091_000002366 CEQ-18-0173-K-000095 month . Please keep it on a close hold for the time being, though . I expect that we'll share it th is month with Amanda and a handful of prospective cosponsors, but we'd otherwise like to keep it under wraps until it's ready for introduction . All the best, Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform , Comme rcial and Antitrust Law Committee on the Jud iciary United States House of Representatives (ph) I (cell) (fax) I o mail.house . ov o 2 C EQ050FY 18091 _ 000002366 CEQ-18-0173-K-000096 G:\CMTE\ID\15\REGREFORM\DF _003.XML [DISCUSSIONDRAFT] 115TH CONGRESS 1ST SESSION H.R. 'I'o amend ehapter 7 of title 5, United States Code, to provide for eertain limitations on jndieial review of ageney aetions, and for other pmvoses. IN THE HOUSE OF REPRESENTATIVES M . _____ introdneed the following bill; whieh was referred to the Committee on ------------ A BILL To amend chapter 7 of title 5, United States Code, to provide for certain limitations on judicial review of agency ac- tions, and for other purposes. l Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Permitting Litigation 5 Efficiency Act of 2017". g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) (648708111) CEQ050FY18091_000002367 CEQ-18-0173-K-000097 G:\CMTE\ID\15\REGREFORM\DF _003.XML 2 1 SEC. 2. LIMITATIONS ON JUDICIAL REVIEW OF AGENCY AC- 2 3 TIONS. Section 706 of title 5, United States Code, is amend- 4 ed5 (1) by striking 6 "(a) To the extent"; and 7 8 "To the extent" and inserting (2) by adding at the end the following: '' (b) A court shall presume a delay in final action on 9 an application for Federally-required permits to be an un- 10 reasonable delay for purposes of subsection (a) if final ac11 tion on all permits applied for is not taken before- 12 " (1) the date for final action established m a 13 schedule set by an official designated by the Presi- 14 dent, provided that such schedule is established not 15 later than 60 days of the filing of the completed ap- 16 plication and includes, in addition to such date for 17 final action, a date prior to such date for the final 18 determination 19 quired environmental review; or 20 of the scope of any statutorily re- "(2) in the absence of a such a date for final 21 action on the application, 22 after the date the completed application was filed, 23 other than in accordance with- 24 the date that is 2 years "(A) a timetable under section 41003( c)(2) 25 of the Fixing America's Surface Transportation 26 Act? g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) ' (648708111) 2 CEQ050FY18091_000002367 CEQ-18-0173-K-000098 G:\CMTE\ID\15\REGREFORM\DF _003.XML 3 1 2 3 4 5 "(B) section 139 of title 23, United States Code; or "(C) section 2045 of the Water Resources Development Act of 2007. "(c) Notwithstanding any other provision of law, judi- 6 cial review of any permitting determination for a permit 7 described in subsection (b) shall be barred unless the ac8 tion is filed not later than 60 days after the date of the 9 final record of decision or approval or denial of the permit, 10 unless a different time is otherwise specified in law. In 11 any action seeking judicial review under this section, such 12 review shall be limited only to matters that were included 13 in any record of the proceeding of the agency that pertain 14 to the issuance of the permit, including the final deter- 15 mination of the scope of any enviromnental review.". 16 SEC. 3. ISSUANCE OF RESTRAINING ORDERS AND INJUNC17 18 TIONS. (a) PRELIMINARYINJUNCTIONSOR TEMPORARYRE- 19 STRAINING ORDERS.-Section 705 of title 5, United 20 States Code, is amended- 21 22 23 24 (1) by striking "When an agency" and inserting "(a) When an agency"; and (2) by adding at the end the following: '' (b) In any action seeking review of a determination 25 to issue a permit, if a party moves for a temporary g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) re- (648708111) 3 CEQ050FY18091_000002367 CEQ-18-0173-K-000099 G:\CMTE\ID\15\REGREFORM\DF _003.XML 4 1 straining order or preliminary injunction pertaining to the 2 permit or the permitted activity, the court, in addition to 3 any other applicable equitable considerations4 "(1) shall consider, in assessing the balance of 5 the equities and the public interest, 6 beneficial and harmful effects resulting from such an 7 order or i11junction on public health, safety, the envi- 8 ronment, and economic interests, 9 that will be affected by the permitted activity and on 10 11 12 the potential including in areas the employment of United States workers; " (2) may not presume that any harms identified pursuant to paragraph (1) are reparable; 13 "(3) may condition such an order or injunction 14 upon the payment by the party seeking such order 15 or injunction of a bond equal to an amount not to 16 exceed $5,000,000 or a lesser, but material, percent- 17 age of the reasonably 18 the project for which the permit or permits were ap- 19 plied; and 20 anticipated costs of delay of '' (4) may not issue a temporary restraining 21 order unless the party seeking the order shows that 22 it was not reasonably possible to seek a preliminary 23 injunction at an earlier date.". g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) (648708111) 4 CEQ050FY18091_000002367 CEQ-18-0173-K-000100 G:\CMTE\ID\15\REGREFORM\DF _003.XML 5 1 (b) PERMANENTlN,JUNCTIONS.-Section 706 of title 2 5, United States Code, as amended by this Act, is further 3 amended by adding at the end the following: 4 "(d) In any action seeking review of a determination 5 to issue a permit, if a party moves for a restraining order 6 or i11junction pertaining to the permit or the permitted 7 activity, the court, in addition to considering any other 8 applicable equitable factors, shall issue such order only if 9 it is determined to be in the public interest, 10 in making such determination, 11 12 "(1) and shall, consider the environmental benefits of the per- mitted activity; and 13 "(2) the costs, including detrimental 14 the environment, of any delay in undertaking 15 permitted activity. 16 " (e) The court may preclude recovery by a permit ap- effects on of the 17 plicant on a bond required under section 705(b)(3) if the 18 court determines the action was substantially justified.". g:\VHLC\121317\121317.160.xml December 13, 2017 (4:26 p.m.) (648708111) 5 CEQ050FY18091_000002367 CEQ-18-0173-K-000101 Infrastructure Workin Lunch Where: West Wing, GS0 When: Fri Jan 05 12:00:00 2018 (America/New_ York) Until: Fri Jan 0513:00:00 2018 (America/New_York) Organiser: "Lai, Joseph G. EOP/WHO" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=1 f0a38d1 e4c840dfa4c1 f49938658459-la"> Required Attendees Optional Attendees "Gribbin, DJ J. EOP/WHO" "Van Doren, Terry (McConnell)" , "Herrgott, Alex H. EOP/CEQ" , "Freeland , Jeff K. EOP/OMB" Date: Wed, 03 Jan 2018 16:58:58 -0500 Great, we w ill see yo u at 4:15 pm at 730 Jackson Place. I wi ll send a calendar invite . Ma ry B. Neumayr Chief of Staff, Council on Environmenta l Quality (off ice) (cell) From: Flores, Daniel [mailto:Daniel.Flores@mail.house.gov] Sent: Wednesday, January 3, 2018 4:52 PM ; Herrgott, Alex H. EOP/CEQ To: Neumayr, Mary B. EOP/CE Freeland, Jeff K. EOP/OMB Subject:RE: Infrastr ucture/Pe rm it Streamlining Thanks, Mary . My meet ing at Treasury is scheduled to go until 4:00, so let's put this down for 4:15 . You r location would be great . Looki ng forward to seein g you! All the best, Daniel From: Neumayr, Mary B. EOP/CEQ [mailto Sent: Wednesday, January 03, 20181:16 PM To: Flores, Daniel ; Herrgott, Alex H. EOP/CEQ Freeland, Jeff K. EOP/OMB Subject:RE: Infrastructure/Pe rm it Streamlining Daniel: Than ks very much for your email below . Would tomorrow at 4 pm at 730 Jackson Place work for you? If 4:15 pm o r later wou ld be bett er that should w ork as well. Thanks, Mary Mary B. Neumay r Chief of Staff, Council on Environment al Quality (office) (cell) From: Flores, Daniel (mailto:Daniel.Flores@mail.house Sent: Tuesday, January 2, 2018 10:39 AM 1 .gov) CEQ050FY18091_000002363 CEQ-18-0173-K-000104 Freeland, Jeff K. EOP/OMB Cc:Neumayr, Mary B. EOP/CEQ Subject: FW: Infrastructure/Permit Streamlining Importance:High Checking in again. This is a high priority for us. I have a meeting at Treasury about an unrelated matter at 3:00 p.m. on Thursday. Would it be feasible to meet at your offices before or after that to discuss this legislation? Also, I'm cc'ing Mary Neumayr on this, since I recall that she and I discussed this bill at one point last fall. Best regards, Daniel From:Flores, Daniel Sent: Thursday, December 14, 2017 6:16 PM To: 'Herrgott, Alex H. EOP/CEO.' Cc:Jeff Freeland Subject: Infrastructure/Permit Stream Iini ng Alex, followi ng up on our recent discussion with Amanda Neely about infrastructure and permit streamlining, attached is the draft APA-based permit streamlining bi ll we have worked up in Judiciary . It's intended to provide: (1) a simple, effective reform for those permit proceedings not covered by FAST-41,WRDA, MAP-21, or specific schedules established by the White House; and {2) a durable baseline of reform available if it is not possible to make FAST41 permanent before that legislation's sunset kicks in. As you'll see, the bill's approach is very simple: (1) revise the APA's provisions authorizing actions for unlawful withholding or unreasonab le delay so that courts may rebuttably presume that a delay of more than two years in acting on a permit application is an unreasonable delay; (2) require actions challenging permitting decisions to be based on issues raised before the agency during its proceedings; and (3) require those same act ions to be brought within a short statute of limitations. The first of these elements provides a potent incentive for agencies to wrap up their decisions within two years, along with hope for a definite, prompt remedy in any unreasonable delay actions that do have to be brought . The latter assure that agencies and permittees aren't sandbagged in litigation by new ly ra ised issues and that litigation is brought very promptly. Together, these three elements provide a much surer framework within which project-investment decisions can be made and sustained . We would welcome your input regarding the bill in general and whether the pr inciples it embodies could in one way or another make it into the Wh ite House's statement of principles on infrastructure next month . Please keep it on a close hold for the time being, though. I expect that we'll share it th is month with Amanda and a handful of prospective cosponsors, but we'd otherwise like to keep it under wraps until it's ready for introduction. All the best, 2 CEQ050FY18091_000002363 CEQ-18-0173-K-000105 Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform, Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives (ph) I (cell) I (fax) mail .house . ov o o 3 CEQ050FY18091_000002363 CEQ-18-0173-K-000106 RE: Infrastructure/Permit Streamlinin From "Flores, Daniel" To: "Neumayr , Mary B. EOP/CEQ " EOP/CEQ' Date: Wed, 03 Jan 2018 16:52:03 -0500 , "Herrgott, Alex H. "Freeland , Jeff K. EOP/OMB" Thanks, Mary . My meet ing at Treasury is schedu led to go until 4:00, so let's put thi s down for 4:1 5. Your location would be great . Look ing forward to seeing you! All t he best, Daniel From: Neumayr, Mary B. EOP/CEQ[rnailto Sent: Wednesday, January 03, 2018 1:16 PM To: Flores, Daniel ; Herrgott , Alex H. EOP/CEQ >; Freeland, Jeff K. EOP/OMB > Subject: RE: Infrastructure/Pe rm it Streamlining Daniel: Than ks very much for your emai l below . Would tomorro w at 4 pm at 730 Jackson Place work for you? If 4:15 pm o r later wou ld be bette r that should work as well. Thanks, Mary Marv B. Neumayr Chief of Staff, Council on Environmental Quality (cell) From: Flores, Daniel [mailto :Daniel.Flores@mail.house .gov ] Sent:Tuesday, January 2, 2018 10:39 AM To: Herrgott, Alex H. EOP/CEQ ; Freeland, Jeff K. EOP/OMB Cc:Neumayr, Mary B. EOP/CEQ Subject:FW: Infrastruct ure/Pe rmit Stream lining Importance:High Checking in again. This is a high priority for us. I have a meeting at Treasury about an unrelated matter at 3:00 p.m. on Thursday. Would it be feasible to meet at your offices before or after that to discuss this legislation? Also, I'm cc'ing Mary Neumayr on this, since I recall that she and I discussed this bill at one point last fall. Best regards, 1 CEQ050FY18091_000002364 CEQ-18-0173-K-000107 Daniel From: Flores, Daniel Sent: Thursday, December 14, 2017 6:16 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Jeff Freeland Subject: Infrastructure/Permit Streamlining Alex, following up on our recent discussion with Amanda Neely about infrastructure and permit streamlining, attached is the draft APA-based permit streamlining bill we have worked up in Judiciary. It's intended to provide: (1) a simple, effective reform for those permit proceedings not covered by FAST-41, WRDA, MAP-21, or specific schedules establi shed by the White House; and (2) a durable baseline of reform available if it is not possible to make FAST41 permanent before that legislation's sunset kicks in. As you'll see, the bill's approach is very simple: (1) revise the APA's provisions authorizing actions for unlawful withholding or unreasonable delay so tha t courts may rebuttably presume that a delay of more than two years in acting on a permit application is an unreasonable delay; (2) require actions challenging permitting decisions to be based on issues raised before the agency during its proceedings; and (3) require those same actions to be brought within a short statute of limitations. The first of these elements provides a potent incentive for agencies to wrap up the ir decisions within two years, along with hope for a definite, prompt remedy in any unreasonable delay actions that do have to be brought. The latter assure that agencies and permittees aren't sandbagged in litigation by newly raised issues and that litig ation is brought very promptly . Together, these three elements provide a much surer framework within which project -investment decisions can be made and sustained. We would w elcome your input regarding the bill in general and whether the principles it embodies could in one way or another make it into the White House's statement of principles on infrastructure next month. Please keep it on a close hold for the time being, though. I expect that we'll share it this month with Amanda and a handful of prospective cosponsors, but we'd otherwise like to keep it under wraps until it's ready fo r introduction. All the best, Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform , Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives (ph) (cell) (fax) mail.house . ov 2 CEQ050FY18091_000002364 CEQ-18-0173-K-000108 RE: Infrastructure/Permit Streamlinin From "Neumayr, Mary B. EOP/CEQ" mail.house.gov> , "Herrgott, Alex H. EOP/CEQ" "Freeland , Jelf K. EOP/OMB" To: Date: Wed, 03 Jan 2018 13:16:28 -0500 Daniel: Thanks very much for your email below. Would tomorrow at 4 pm at 730 Jackson Place work for you? If 4:15 pm or later wou ld be better that should work as well. Thanks, Mary Mary 8. Neumayr Chief of Staff, Council on Environmental Quality (office (cell) From: Flores, Daniel [mailto:Daniel.Flores@mail.house.gov] Sent: Tuesday, January 2, 2018 10:39 AM To: Herrgott, Alex H. EOP/CEQ ; Freeland, Jeff K. EOP/OMB Cc:Neumayr, Mary B. EOP/CEQ Subject:FW: Infrastructu re/Pe rmit Streamlining Importance:High Checking in again. This is a high priority for us. I have a meeting at Treasury about an unrelated matter at 3:00 p.m. on Thursday. Would it be feasible to meet at your offices before or after that to discuss this legislation? Also, I'm cc'ing Mary Neumayr on this, since I recall that she and I discussed this bill at one point last fall. Best regards, Daniel From: Flores, Daniel Sent: Thursday, December 14, 2017 6:16 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Jeff Freeland Subject: Infrastructure/Permit Streamlining Alex, following up on our recent discussion with Amanda Neely about infrastructure and permit streamlining, attached is the draft APA-based permit stream lining bill we have worked up in Judiciary . It's intended to provide: (1) a simple, effective reform for those permit proceedings not covered by FAST-41,WRDA, MAP-21, or specific schedules established by the White House; and (2) a durable 1 CEQ050FY18091_000002365 CEQ-18-0173-K-000109 baseline of reform available if it is not possible to make FAST41 permanent before that legislation's sunset kicks in. As you'll see, the bill's approach is very simple: (1) revise the APA's provisions authorizing actions for unlawful withholding or unreasonable delay so that courts may rebuttably presume that a delay of more than two years in acting on a permit application is an unreasonable delay; {2) require actions challenging permitting decisions to be based on issues raised before the agency during its proceedings; and (3) require those same actions to be brought within a short statute of limitations. The first of these elements provides a potent incentive for agencies to wrap up their decisions within two years, along with hope for a definite, prompt remedy in any unreasonable delay act ions that do have to be brought . The latter assure that agencies and permittees aren't sandbagged in litigation by newly ra ised issues and that litigation is brought very promptly. Together, these three elements provide a much surer framework within which project-investment decisions can be made and sustained. We would welcome your input regarding the bill in general and whether the principles it embodies could in one way or another make it into the White House's statement of principles on infrastructure next month. Please keep it on a close hold for the time being, though. I expect that we'll share it this month with Amanda and a handful of prospective cosponsors, but we'd otherwise like to keep it under wraps until it's ready for introduction. All the best, Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform , Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives (ph) I (cell) I (fax) o mail .house . ov o 2 CEQ050FY 18091_ 000002365 CEQ-18-0173-K-000110 Re: Infrastructure/Permit Streamlini n From "Flores, Daniel" To : "Neumayr , Mary B. EOP/CEQ" EOP/CEQ" Date : Thu, 04 Jan 2018 16:21:12 -0500 "Herrgott , Alex H. ' "Freeland, Jeff K. EOP/OMB" Apologies- was slightly delayed at Treasury- crossing over to CEQ now. Sent from my iPhone On Jan 4, 2018 , at 1:29 PM, Flores, Doniel wrote: Fyi, Judd Smith, Subcommittee Chairman Marino's counsel, will be joining me. We expect Mr. Marino to be the sponsor of the bill. Daniel From: Neumayr, Mary B. EOP/CEQ[mailto Sent: Wednesday, January 03, 2018 4:59 PM To: Flores, Daniel ; Herrgott, Alex H. EOP/CEQ Freeland, Jeff K. EOP/OMB Subject:RE: Infrastructure/Permit Streamlining Great, we will see you at 4:15 pm at 730 Jackson Place. I will send a calendar invite. Mary B. Neumayr Chief of Staff, Council on Environmental Quality (office) (cell) From: Flores, Daniel [mailto:Dan iel.Flores@mail.house.gov ) Sent: Wednesday, January 3, 2018 4:52 PM Herrgott, Alex H. EOP/CEQ To: Neumayr, Mary 8. EOP/CEQ Subject:RE: Infrastructure/Permit Streamlining Thanks, Mary. My meeting at Treasury is scheduled to go until 4:00, so let's put this down for 4:15. Your location would be great. Looking forward to seeing you! All the best, Daniel 1 C EQ0S0FY18091_000002353 CEQ-18-0173-K-000111 Sent: Wednesday, January 03, 20181:16 PM To: Flo res, Daniel ; Herrgott, Alex H. EOP/CEQ ; Freeland, Jeff K. EOP/OMB Subject: RE: Infrastructu re/Permit Streamlining Daniel: Thanks very much for your email below. Would tomorrow at 4 pm at 730 Jackson Place work for you? If 4:15 pm or later would be better that should work as well. Thanks, Mary Mary B. Neumayr Chief of Staff, Council on Environmenta l Quality (office) (cell) From:Flores, Daniel [mailto:Daniel.Flores@mail.house.gov ] Sent: Tuesday, January 2, 2018 10:39 AM To: Herrgott, Alex H. EOP/CEQ ; Freeland, Jeff K. EOP/OMB Cc:Neumayr, Mar y B. EOP/CEQ Subject: FW: Infrastr uct ure/ Permit Str eamlini ng Importance:High Checking in again. This is a high priority for us. I have a meeting at Treasury about an unrelated matter at 3:00 p.m. on Thursday. Would it be feasible to meet at your offices before or after that to discuss this legislation? Also, I'm cc'ing Mary Neumayr on this, since I recall that she and I discussed this bill at one point last fall. Best regards, Daniel From: Flores, Daniel Sent:Thursday, December 14, 2017 6:16 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Jeff Freeland Subject: Infrastru ctu re/ Permit Streamlining Alex, following up on our recent discussion with Amanda Neely about infrastructure and permit streamlining, attached is the draft APA-based permit streamlining bill we have worked up in Judiciary . It's intended to provide : (1) a simple, effective reform for those permit proceedings not covered by FAST-41, WRDA, MAP-21, or specific schedules established by the White House; and (2) a durable baseline of reform available if it is not possible to make FAST41 permanent before that legislation's sunset kicks in . 2 CEQ050FY18091_000002353 CEQ-18-0173-K-000112 As you'll see, the bill's approach is very simple: (1) revise the APA's provis ions authorizing actions for unlawful withhold ing or unreasonable delay so that courts may rebuttab ly presume that a delay of more than two years in acting on a permit applicat ion is an unreasonable delay; (2) require actions challenging permitting decisions to be based on issues raised before the agency during its proceedings; and (3) require those same actions to be brought within a short statute of limitations . The first of these elements provides a potent incentive for agencies to wrap up their decisions within two years, along with hope for a definite, prompt remedy in any unreasonab le delay actions that do have to be brought. The latter assure that agencies and perm ittees aren't sandbagged in litigation by newly raised issues and that litigat ion is brought very promptly . Together, these three elements provide a much surer framework within which project-investment decisions can be made and sustained. We would welcome your input regarding the bill in general and whether the principles it embodies could in one way or another make it into the White House's statement of principles on infrastructure next month. Please keep it on a close hold for the time being, though. I expect that we'l l share it this month with Amanda and a handfu l of prospective cosponsors, but we'd otherwise like to keep it under wraps until it's ready for introduction. All the best, Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform , Commercial and Antitrust Law Committee on the Judiciary UnitedStatesHouseof Representatives (ph) (cell) (fax) mail .house . ov 3 CEQ050FY18091_000002353 CEQ-18-0173-K-000113 RE: Infrastructure/Permit Streamlinin From "Flores, Daniel " To: "Neumayr, Mary B. EOP/CEQ" EOP/CEQ" Date: Thu, 04 Jan 2018 13:29:12 -0500 "Herrgott , Alex H. "Freeland, Jeff K. EOP/OMB" Fyi, Judd Smith, Subcommittee Chairman Marino's counsel, will be joining me. We expect Mr. Marino to be the sponsor of the bill. Daniel From: Neumayr, Mary B. EOP/CEQ [mailto Sent : Wednesday, January 03, 2018 4:59 PM To: Flores, Daniel ; Herrgott, Alex H. EOP/CEQ Free land, Jeff K. EOP/OMB Subject: RE: Infrastructure/Pe rm it Streaml in ing Great, we will see you at 4:15 pm at 730 Jackson Place. I will send a calendar invite. Mary B. Neumayr Chief of Staff, Council on Environmental Quality (office) (cell) From: Flores, Daniel [mailto:Daniel.Flores@mail.house.gov Se nt: Wednesday, January 3, 2018 4:52 PM ] To: Neumayr, Mary B. EOP/CEQ Subject: RE: Infrastructure/Permit ; Freeland , Jeff K. EOP/OMB Streamlining Thanks, Mary. My meeting at Treasury is scheduled to go until 4:00, so let's put this down for 4:15. Your location would be great. Looking forward to seeing you! All the best , Daniel From: Neumayr, Mary B. EOP/CEQ [mailto Sent: Wednesday, January 03, 2018 1:16 PM 1 CEQ050FY18091_000002359 CEQ-18-0173-K-000114 Daniel: Thanks very much for your email below. Wou ld tomorrow at 4 pm at 730 Jackson Place work for you? If 4:15 pm or later would be better that should work as well. Thanks, Mary Mary B. Neumayr Chief of Staff, Council on Environment al Quality (off ice) (cell) From: Flores, Daniel [mailto:Daniel.Flores@mail.house.gov ] Sent Tuesday, January 2, 2018 10:39 AM ; Freeland, Jeff K. EOP/OMB To: Herrgott, Alex H. EOP/CEQ Cc: Neumayr, Mary B. EOP/CEQ Subject:FW: Infrastructure/Permit Importance:High Stream lining Checking in again. This is a high priority for us. I have a meeting at Treasury about an unrelated matter at 3:00 p.m. on Thursday. Would it be feasible to meet at your offices before or after that to discuss this legislation? Also, I'm cc'ing Mary Neumayr on this, since I recall that she and I discussed this bill at one point last fall. Best regards, Daniel From: Flores, Daniel Sent: Thursday, December 14, 2017 6:16 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Jeff Freeland (Je Subject:Infrastructure/Permit Streaml fning Alex, following up on our recent discussion with Amanda Neely about infrastructure and permit streamlining, attached is the draft APA-based permit stream lining bill we have worked up in Judiciary . It's intended to provide: (1) a simple, effective reform for those permit proceedings not covered by FAST-41,WRDA, MAP-21, or specific schedules established by the White House; and (2) a durable baseline of reform available if it is not possible to make FAST41 permanent before that legislation's sunset kicks in. As you'll see, the bill's approach is very simple: (1) revise the APA's provisions authorizing actions for unlawful withholding or unreasonable delay so that courts may rebuttably presume that a delay of more than two years in acting on a permit application is an unreasonable delay; (2) require actions challenging permitting decisions to be based on issues raised before the agency during its proceedings; and (3) require those same actions to be brought within a short statute of limitations. The first of these elements provides a potent incentive for agencies to wrap up their decisions within two years, along with hope for a definite, prompt remedy in any unreasonable delay actions that do have to be brought . The latter assure that agencies and permittees aren't sandbagged in litigation by newly ra ised issues and 2 CEQ050FY18091_000002359 CEQ-18-0173-K-000115 that litigation is brought very promptly. Together, these three elements provide a much surer framework within which project-investment decisions can be made and sustained. We would welcome your input regarding the bil l in general and whether the principles it embodies could in one way or another make it into the White House's statement of princip les on infrastructure next month . Please keep it on a close hold for the time being, though . I expect that we'll share it th is month with Amanda and a handful of prospective cosponsors, but we'd otherwise like to keep it under wraps until it's ready for introduction. All the best, Daniel Daniel M. Flores Chief Counsel Subcommittee on Regulatory Reform, Commercial and Antitrust Law Committee on the Judiciary United States House of Representatives (ph) (cell) (fax) mail .house . ov 3 CEQ050FY18091_000002359 CEQ-18-0173-K-000116 FW: Instant Update: Senators seek 2019 funding for Mississippi River waterways From: "Van Doren, Terry (McConnell)" To : "Herrgott, Alex H. EOP/CEQ" Date: Fri, 05 Jan 2018 18:20:48 -0500 Good to see y' all today. We did not talk locks/dams much today. Wanted to make sure you saw this letter to 0MB led by Blunt -Baldwin. Appreciated our discussions ; have a great weekend. Terry Van Doren Policy Adv isor Office of Majority Le ader McConn ell Wa shington , DC 20510 Senators seek 2019 fundin g for Mississi ppi River waterwa ys A bipart isan group of senators is urging the Trump adm inistrat fon to propose more funding to fix the troubled locks and dams along the Mississippi River that threaten a key transportation system for the nation's grain and oilseed exports. 1 CEQ050FY 18091_ 000002348 CEQ-18-0173-K-000117 Copyright(C) 2017 Agri-Pu/se Communications, Inc., All rights reserved. Our mailing address is: 110 Waterside Lane, Camdenton, MO 65020 Want to change how you receive these emails? You can update your preferences or unsubscribe from this list 2 CEQ0 50FY18091_ 000002348 CEQ-18-0173-K-000118 RE: Plannin Call for P3Connect Panel Discussion From "Farris, Erika D." To: "Boyajian, Shant S." , "Burthey, Grover (OST)" , "Herrgott, Alex H. EOP/CEQ" "McCarragher , Ward" , "Sawyers, Andrew" Date: Fri, 05 Jan 2018 12:19:16 -0500 Hello, On Monday Andrew Sawyers is available between 9:30 -10:30 10 AM; 11 -11:30 AM; and 1 -4:30 PM. AM, and on Tuesday he is available 9 - Thank you , Erika Farris Special Ass istant Office of Wastewa ter Management From: Boyajian, Shant S.[mailto:sboyajian@nossaman.com] Sent: Friday, January 05, 2018 12:06 PM To: Burthey, Grover (OST) ; Herrgott, Alex H. EOP/CEQ McCarragher, Ward ; Sawyers, Andrew ; Farris, Erika D. Subject: Planning Call for P3Connect Panel Discussion Good morning, Thank you for your commitment (Grover and Andrew) and interest (Ward and Alex) in participating in the federal P3 policy discussion at the upcoming P3Connect conference in Miami Beach later this month. I will be moderating the discussion and would like to find time early next week for us to discuss format and logistics. Please let me know your availability on Monday and Tuesday for a 30-minute call. Thank you, Shant Shant S. Boyajian Attorney at Law NOSSAMAN LLP 1666 K Street, NW, Suite 500 Washington, DC 20006 1 CEQ050FY18091_000002349 CEQ-18-0173-K-000119 sboyajian@nossaman.com T 202.887.1400 F 202.466.3215 D 202.887.1406 TOE-ALERTS NOSSAMANI LI. ISUBSCRIBE nossaman.com PLEASE NOTE: The information in this e-mail message is confidential. It may also be attorney-client privileged and/or protected from disclosure as attorney work product. If you have received this e-mail message in error or are not the intended recipient, you may not use, copy, nor disclose to anyone this message or any information contained in it. Please notify the sender by reply e-mail and delete the message. Thank you. 2 CEQ050FY18091_000002349 CEQ-18-0173-K-000120 EXTERNAL Plannin Call for P3Connect Panel Discussion From "Boyajian, Shant S." To: "Burthey, Grover (OST)" , "Herrgott, Alex H. EOP/CEQ" "McCarragher, Ward" . sawyers.andrew@epa .gov , farris .erika@epa .gov Date: Fri, 05 Jan 2018 12:05:32 -0500 Good morning, Thank you for your commitment (Grover and Andrew) and interest (Ward and Alex) in participating in the federal P3 policy discussion at the upcoming P3Connect conference in Miami Beach later this month. I will be moderating the discussion and would like to find time early next week for us to discuss format and logistics. Please let me know your availability on Monday and Tuesday for a 30-minute call. Thank you, Shant Shant S. Boyajian Attorney at Law NOSSAMAN LLP 1666 K Street, NW, Suite 500 Washington , DC 20006 sboyajian@nossaman.com T 202.887.1400 F 202.466.3215 D 202.887.1406 ffj fU N ? OSSAMAN llr I SUBSCRIBE TOE-A LERTS nossaman.com PLEASE NOTE: The information in this e-mail message is confidential. It may also be attorney-client privileged and/or protected from disclosure as attorney work product. If you have received this e-mail message in error or are not the intended recipient, you may not use, copy, nor disclose to anyone this message or any information contained in it. Please notify the sender by reply e-mail and delete the message. Thank you. 1 CEQ050FY18091_000002350 CEQ-18-0173-K-000121 RE: Thank 1 From To: you "Rossi. Nick (Commerce)" "Gribbin , DJ J. EOP/WHO" "Russell , Richard (EPW)" , "Arnak is, Adrian (Commerce)" , ''Herrgott, Alex H. EOP/CEQ" Cc: Date: Wed, 10 Jan 2018 18:08:21 -0500 JR, Thank you again for the walk -through . We really apprec iated it. At this point, we are tentatively looking at March 7 for a hearing on the proposal, ideally with both Secretary Chao and Secretary Ross. From:Gribbin, DJJ. EOP/WHO [mailto Sent: Wednesday, January 10, 2018 5:48 PM To: Russell, Richard (EPW) ; Rossi, Nick (Commerce) ; Arnakis, Adrian (Commerce) Cc:Lai, Joseph G. EOP/WHO Herrgo tt, Alex H. EOP/CEQ Subject:Thank you Thanks for taking the time to sit down to day. When the time is right, I'd appreciate a conversation on what actions you plan on taking after we release principles. It would be helpful to have a rough calendar of events for February/March. Cheers, OJ DJ Gribbin Special Assistant to the President for Infrastructure National Economic Council The White House 1 CEQ050FY 18091 _ 000003149 CEQ-18-0173-K-000122 FW: Cornyn, Warner Bill Would Ensure Access to Additional Infrastructure Projects Through Public-Private Partnerships From: "Smith, Madison (Cornyn)" Date: Thu, 18 Jan 2018 14:04:27 -0500 Good Afternoon Today, Senator Cornyn and Senator Warner introduced the BUILD Act, which would raise the statutory volume cap on Private Activity Bonds for highway and surface freight transfer facilities. I thought that the below release may be of interest. Regards, Madison From: Libby Hambleton Date: Thursday, January 18, 2018 at 1:47 PM To: Libby Hambleton Subject: Comyn, Warner Bill Would Ensure Access to Additional Infrastructure Projects Through Public-Private Partnerships UNITEDSTATESSENATE FOR IMMEDIATE RELEASE Thursday, January 18, 2018 CONTACT: Drew Brandewie (Cornyn), (202) 224-0704 Rachel Cohen (Warner), (202) 228-6884 Cornyn, Warner Bill Would Ensure Access to Additional Infrastructure Projects Through Public-Private Partnerships Bill Would Raise Statutory Cap on Private Activity Bonds WASHINGTON-U.S. Senators John Cornyn (R-TX) and Mark Warner (D-VA) today introduced the Building United States Infrastructure and Leveraging Development (BUILD) Act, a bill that would lead to additional investment in infrastructure projects by allowing state and local governments to enter CEQ050FY18091_000002339 CEQ-18-0173-K-000123 into additional public-private partnerships to finance surface transportation projects. This bill would raise the federal statutory cap on Private Activity Bonds (PABs) issued by or on behalf of state and local governments for highway and freight improvement projects from $15 billion to $20.8 billion, increasing the amount of tax-exempt bonds the U.S.Department of Transportation (USDOT) can approve for these projects by $5.8 billion. "This bill delivers on our collective desire to reinvest in America's infrastructure, and expands one valuable tool in the toolbox," said Sen. Cornyn. "It will help the Administration finance additional hjghway and freight improvement projects through public-private partnerships, resulting in minimal cost to taxpayers with maximum impact on U.S. highways and freight corridors." "Private Activity Bonds have served as an engine for leveraging private investment in Virginia's roads and bridges, helping to finance major projects such as the 1-495 HOTlanes and other key infrastructure ventures," said Sen. Warn er. "This legislation will allow for expanded use of this proven economic tool and, coupled with other programs such as a financing authority that would be created through passage of my BRIDGEAct (S. 1168), we can attract billions of dollars of additional investment that will help renew our nation's infrastructure and keep us competitive in the global economy." Private Activity Bonds (PAB}: PABsallow state or 1oca1governments to issu e tax-exempt debt, ,.vith approvaJ from USDOT,for qualified highway or surface freight transfer facilities. Less than $5 bilJion in PABs remain under the original statutory cap (set at $15 billion) and that amount is likely to be consumed in the very near future. This legislation would raise the statutory cap on PABs to $20.8 billion, thus enhancing the capacity to finance additional projects with private investment. ### Libby Hambleton TXDeputy Press Secretary U.S. Senator John Cornyn (R-TX) 2 CEQ050FY18091_000002339 CEQ-18-0173-K-000124 Re: Infrastructure Workin Lunch Pt 2 From To: "Antell. Geoffrey" "Georges. Liza B. EOP/WHO" I I o oo o o- Cc : . oo Date: oo o oo oo o- o o I ---, oo o o oo o o oo o Thu, 18 Jan 201 8 11 :50:33 -050 0 NeitherTerry nor I are cleared to come in. On 17thentrance. Geoffrey Antell Office of the Speaker > On Jan IL 2018. at 8:0."\ AM. Georges. Li7a B. EOP/WHO wrote: > > Allendees: > Reed Cordish > Joseph Lai > Tim Pataki > Alex Herrgott > DJ Gribbin > Terry Va.tiDoren > Geoff Antell > > 1 CEQ050FY18091_000002340 CEQ-18-0173-K-000125 Infrastructure From "Canfield, Ryan N. EOP/WHO " To: "Herrgott , Alex H. EOP /CEQ" (O'Donnell )" Date: Tue , 23 Jan 2018 11 :42:23 -0500 "Bell , Megan Megan, Thank you for reaching out regarding the land revitalization portion of our infrastructure outline. I've copied Alex Herrgott on this email who would be your best point of contact to discuss the RECLAIMAct with. Let me know if you need anything else! Thank you, Ryan Ryan N. Canfield Special Assislant lo t11ePresidem White House Office of Legislative Affairs 1 CEQ050FY18091_000002335 CEQ-18-0173-K-000126 Re: Follow up 1 From : "Lai. Joseph G. EOP/WHO" To: "Paul, Sarah (Heller)" Cc: "Herrgott, Alex H. EOP/CEQ" Date : Wed, 24 Jan 2018 13:55:53 -0500 Wednesdaynextweek work? Sent from my iPhone On Jan 24, 2018, at I :49 PM, Paul, Sarah (Heller) wrote: Fantastic! Thanks Joe. Alex, Team Heller has a great P3 proposal that we believe can play a role in the upcoming debate on infrastructure. We would love to talk to you about it as well as my boss' other priorities. Just let us know a time that is convenient for you. Thank you in advance. Sent from my iPhoue On Jan 24, 2018, at l I :38 AM, Lai. Joseph G. EOPIWHO Sarah, Great to catch-up earlier this week. I've cc'd Alex on this e-mail so that the three of us can coordinate a time for us to discuss the WH infrastructure vision and how your boss' plans can plug into that effort. Joe From: Paul, Sarah (Heller) fmailto :Sarah Paul@heller.senate .gov] Sent: Wednesday, January 24, 2018 11:15 AM To: Lai, Joseph G. EOP/WHO Subject: Follow up Joe, Thank you again for taking the time to talk with us the other day. Per our conversation we would welcome the opportunity to meet with you along with DJ and Alex in the near future on the President's infrastructure proposal once it is released. Please do not hesitate to let me know if we can provide you with any additional information on the issues we discussed. Sarah Ti money Paul Deputy Chief of Staff Legislative Director U.S. Senator Dean Heller 1 CEQ050FY18091 _000001623 CEQ-18-0173-K-000127 Phone:? Fax:? 2 CEQ-1 Re: Follow up 1 From: "Paul, Sarah (Heller)" To: "Lai, Joseph G. EOP/WHO" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 24 Jan 2018 13:49:20 -0500 Fantastic! Thanks Joe. Alex. Team Heller has a great P3 proposalthat we believecan play a role in tl1eupcoming debate on infrastructure. We would love to talk 10 you about it as well as my boss' other priorities. Just let us know a time that is convenient for yon. Thank you in advance. Sent from my iPhon e On Jan 24.2018. at 11:38 AM. Lai, Joseph G. EOP/WHO wrote: Sarah, Great to catch-up earlier this week . I've cc'd Alex on this e-mail so that the three of us can coordinate a time for us to discuss the WH infrastructure vision and how your boss' plans can plug into that effort. Joe From:Paul, Sarah (Heller) [mailto:Sarah Paul@heller.senate .gov] Sent: Wednesday, January 24, 2018 11:15 AM To: Lai,Joseph G. EOP/WHO Subject:Follow up Joe, Thank you again for taking the time to talk with us the other day. Per our conversation we would welcome the opportunity to meet with you along with DJ and Alex in the near future on the President's infrastructure proposal once it is released. Please do not hesitate to let me know if we can provide you with any additional information on the issues we discussed. Sarah Ti money Paul Deputy Chief of Staff Legislative Director U.S. Senator Dean Heller 1 CEQ050FY18091_000002323 CEQ-18-0173-K-000129 RE: Good to bum From esterda "Lai, Joseph G. EOP/WHO' To: "Pawlowski, Michael (Murkowski)" Cc: "Boyle, Garrett (Murkowski)" , "Gribbin, DJ J. EOP/WHO " >, "Herrgott , AJex H. EOP/CEQ" Date: Wed, 24 Jan 2018 12:38:36 -0500 Fish, We did an extensive meeting with Energy Committee majority staff last week to discuss Murkowski priorities. That said, Alex Herrgott and I can come by to chat in more detail after SOTUif that works for you . What do you think? Joe From: Pawlowski, Michael (Murkowski) [mailto:Michael_Pawlowski@murkowski.senate.gov] Sent: Wednesday, January 24, 2018 12:07 PM To: Lai, Joseph G. EOP/WHO > Cc: Boyle, Garrett (Murkowski) ; Gribbin, OJJ. EDP/WHO Subject: Good to bump into you yesterday Joe - was good to bu mp into you and OJyesterday. Given how complex Alaska is it would be good to get you and DJ over to meet with myself and our LO on infrastructure - happy to be flexible for whatever can work. Appreciate it. Fish Michael Pawlowski Chiefof Staff United States Senator Lisa Murkowski 1 CEQ050FY1809 1_000002325 CEQ-18-0173-K-000130 meeting? From: "Neely, Amanda (HSGAC)" To: "Herrgott, Alex H. EOP/CEQ " Cc: "Bond, Patrick (McCaskill)" Date: Wed, 24 Jan 2018 12:10:23 -0500 A lex, Could Pat Bond and I set up a meeting to talk with you about how to incorporate various streamlinin g pro grams into one unifom1 pro gram? Thanks! Amanda Amanda H. Neely GeneralCounsel to SenatorRobPortman Deputy Chief Counsel, PermanentSubcommittee on Investigations United States Senate Amanda_Neely@HSGAC.Senate.Gov 1 CEQ050FY18091_000002326 CEQ-18-0173-K-000131 RE: Follow up From: "Lai. Joseph G. EOP/WHO" To: "Paul, Sarah (Heller)" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 24 Jan 201811:38:43 -0500 Sarah, Great to catch-up earlier this week. I've cc'd Alex on this e-mail so that the three of us can coordinate a time for us to discuss the WH infrastructure vision and how your boss' plans can plug into that effort . Joe From: Paul, Sarah (Heller) [mailto:Sarah_Paul@heller.senate.gov] Sent: Wednesday, January 24, 201811:15 AM To: Lai, Joseph G. EOP/WHO Subject: Follow up Joe, Thank you again for taking the time to talk with us the other day. Per our conversation we would welcome the opportunity to meet with you along with DJand Alex in the near future on the President's infrastructure proposal once it is released. Please do not hesitate to let me know if we can provide you with any additional information on the issues we discussed. Sarah Timoney Paul Deputy Chief of Staff Legislative Director U.S. Senator Dean Heller 1 CEQ050FY18091_000002327 CEQ-18-0173-K-000132 FW: Dela in FY19 bud et release: Februa From "Van Doren, Terry (McConnellt "Herrgott , Alex H. EOP/CEQ" To: Date : 12 Wed, 24 Jan 2018 10:56:02 -0500 I asswne this also delays further infrastructureroll-out? Thanks in advance for your work and keeping us in the loop. Terry Van Doren Policy Advisor Office of Majority Leader McCollllell Washington, DC 20510 -----Original Message----From: Slemrod, Jonathan A. EOP/OMB [mailt Sent: Wednesday, January 24, 20L8 10: 14 AM To: Slemrod, Jonathan A. EOP/OMB Cc: Freeland, Jeff K. EOP/OMB Subject: FY19 budget release: Febrnary 12 Folks, The President's FY 2019 Budget had beeu scheduled 10 be released on Monday, February 5th. Unfortunately.preparing for and then implementingthe lapse in appropriations meant that both 0MB and agency stafI lost several work days during an especially critical part of the budget production process. The time we lost to the lapse has prompted us to delay the release of the Budget to Monday, Febrnary 12th. Consistent with past practice, we respectfully ask that subsequent budget hearings take place after Director Mulvaney has had a chance lo explain the document in his testimony. which we expect will begin the morning of February 13th. We will provide more infonnation in the coming weeks. Jonny Jouatban Slemrod Associate Director. LegislativeA.ffuirs Office of Management and Budget 1 CEQ050FY18091_000002328 CEQ-18-0173-K-000133 Re uest for technical assistance From: "Donaldson, Teri (EPW)" To: "Herrgott, Alex H. EOP/CEQ " Date: Wed, 24 Jan 2018 10:01:42 -0500 Attachments: EDW18040.pdf (33 .91 kB); ATT00001.txt (177 bytes) Hi Alex, Pleasetalce a look and we can discuss tomorrow. Looking forwardto ito Teri 1 CEQ050FY18091_000002329 CEQ-18-0173-K-000134 EDW180-!0 1 S.L.C. SEC. 24-MONTH PROCESSING 2 STRUCTURE 3 DATED NEPA REVIEW. 4 TIME FOR INFRA- PROJECTS (a) IN GENERAL.-Division USING CONSOLI- D of the FAST Act 5 (Public Law 114-94; 129 Stat. 1741) is amended by add6 ing at the end the following: 7 8 9 10 11 "TITLE XLIV-24-MONTH PROCESSING TIME FOR INFRASTRUCTURE PROJECTS USING CONSOLIDATED NEPA REVIEW 12 "SEC. 44001. CONSOLIDATED NEPA REVIEW. 13 "(a) IN GENERAL.-Notwithstanding any other pro- 14 vision of law and except as provided in subsection (b), each 15 participating agency with respect to a covered project 16 shall17 "(1) coordinate to use a single environmental 18 assessment or environmental 19 applicable, prepared 20 project; and impact statement, as by the lead agency for the 21 "(2) record the decision of each agency in a sin- 22 gle record of decision, finding of no significant im- 23 pact, or categorical exclusion for the project. CEQ050FY18091_000002330 CEQ-18-0173-K-000135 EDW18040 S.L.C. 2 1 "(b) EXCEPTIONS.-Subsection (a) shall not apply 2 if3 4 "(1) the project sponsor requests that each agency issues separate environmental documents; 5 "(2) the environmental requirements 6 agency have already been fulfilled; or 7 '' ( 3) the lead agency determines 8 environmental 9 tion of the environmental that a single document would not promote comple- 10 process for the project. 11 " (c) DEADLINE for the review and authorization FOR RECORD OF DECISION .-The 12 record of decision for a covered project that uses a consoli- 13 dated review under subsection (a) shall be completed by 14 not later than 21 months after the date on which the no- 15 tice of intent for the project was published. 16 "(d) DEADLINE FOR FINDING OF No SIGNIFICANT 17 IMPACT; CATEGORICALEXCLUSION.-The finding of no 18 significant impact or a categorical exclusion for a covered 19 project that uses a consolidated review under subsection 20 (a) shall be- 21 22 "(1) completed by not later than the date determined to be appropriate by the lead agency; and 23 24 "(2) posted to the Dashboard in a timely manner. 2 CEQ05 0FY18091_0 00002330 CEQ-18-0173-K-000136 EDW18040 S.L.C. 3 1 "SEC. 44002. OTHER FEDERAL AUTHORIZATIONS AND FED- 2 ERALLY 3 TIONS 4 USING CONSOLIDATED NEPA REVIEW. 5 DELEGATED FOR 7 project 8 44001(a) that AUTHORIZA- INFRASTRUCTURE "(a) IN GENERAL.-All 6 federally delegated STATE State PROJECTS Federal authorizations authorizations uses a consolidated and for a covered review under section shall be completed by not later than 90 days 9 after the date of issuance of the record of decision, finding 10 of no significant impact, or categorical exclusion, as appli11 cable. 12 "(b) APPLICABILITY.-Subsection (a) applies only to 13 an authorization that is14 "(1) listed in the Federal 15 view and Authorization 16 Executive Director; and 17 18 Environmental Inventory maintained by the "(2) posted on the Dashboard. "SEC. 44003. AUTOMATIC REFERRAL TO THE PERMITTING 19 COUNCIL FOR INFRASTRUCTURE 20 USING CONSOLIDATED NEPA REVIEW. 21 22 Re- "(a) DEFINITIONS.-In "(1) PROJECTS this section: ORIGINAL AUTHORIZING AGENCY.-The 23 term 'original authorizing 24 with responsibility for a decision relating to an envi- 25 ronmental review with respect to a covered project. 3 agency' means an agency CEQ050FY18091_000002330 CEQ-18-0173-K-000137 EDW18040 S.L.C. 4 1 "(2) REASSIGNED AGENCY.-The term 'reas- 2 signed agency' means the agency to which the re- 3 sponsibility for the decision of the original author- 4 1zmg agency 5 (b )(2). 6 "(b) EXTENSION OR REASSIGNMENT.-In the case of was transferred under subsection 7 a covered project for which a record of decision under sec- 8 tion 44001 (c) or a finding of no significant impact under 9 section 44001(d) is not completed by the applicable dead- 10 line, the project shall be referred to the Council to deter11 mine whether12 " (1) the deadline for completion should be ex- 13 tended, 14 original authorizing 15 taking into consideration the reasons the agency missed the deadline; or "(2) authority for the decision should be reas- 16 signed from the original authorizing 17 other agency. 18 " (c) EXTENSIONS.-The agency to an- Council may grant 1 or 19 more eJ..'tensions under subsection (b) ( 1), each of which 20 shall be for a period not longer than 90 days. 21 "(d) CONSIDERATIONS.-In determining whether to 22 grant an eJ..'tension under subsection (b)(l) or a reassign- 23 ment under subsection (b)(2), the Council may consider 24 any of the following factors: 4 CEQ050FY18091_000002330 CEQ-18-0173-K-000138 EDW18040 S.L.C. 5 1 "(1) The nature and extent of cooperation and 2 communication between the original authorizing 3 agency, the lead agency, and the agency to which the 4 decision may be reassigned. 5 "(2) The complexity of the underlying issues. 6 '' (3) The resources and technical e:iqJertise 7 available to the original authorizing agency to make 8 a decision by the deadline. 9 '' (4) The resources and technical e::iqJertise 10 available to the agency to which the decision may be 11 reassigned to render a decision on reassignment. 12 "(5) The views of the project sponsor, lead 13 agency, original authorizing 14 which the decision may be reassigned, 15 holders. agency, the agency to and stake- 16 "(6) The best interests of the project. 17 "(7) Any other factor that the Council deter- 18 mines to be relevant. 19 "(e) VOTE.- 20 "(1) IN GENERAL.-A decision under sub- 21 section (b) shall be made by majority vote of the 22 members of the Council present at the next regularly 23 scheduled Council meeting. 24 "(2) DELAY.-The 25 Council, by a majority vote of the members present, may delay the vote on the 5 CEQ050FY18091_000002330 CEQ-18-0173-K-000139 EDW18040 S.L.C. 6 1 decision under subsection (b) to the following regu- 2 larly scheduled Council meeting. 3 "(3) LIMITATION.-The 4 vote under paragraph 5 a covered project. 6 "(f) PR0CEDURES.-The Council may delay a (2) only once with respect to Council may establish any 7 policies or procedures that the Council determines to be 8 necessary to carry out the duties of the Council under this 9 section. 10 11 12 13 "(g) REASSIGNMENTRES0URCES."(1) IN GENERAL.-On a decision by the Coun- cil under subsection (b)(2) to reassign a decision- "(A) the Director of the Office of Manage- 14 ment and Budget may transfer 15 amount of budget authority from any available 16 budget 17 agency to the reassigned agency; or 18 authority an appropriate of the original authorizing "(B) in lieu of all or a portion of the budg- 19 et authority 20 signed agency, the original authorizing 21 may detail appropriate personnel on a nonreim- 22 bursable basis to the reassigned agency. 23 "(2) CONTRACTS.- 24 25 "(A) and with the consent of the reasagency IN GENERAL.-On request of the re- assigned agency, the original authorizing 6 agen- CEQ050FY18091_000002330 CEQ-18-0173-K-000140 EDW18040 S.L.C. 7 1 cy shall assign any applicable existing contracts 2 of the original authorizing 3 signed agency. 4 agency to the reas- "(B) PERMISSION.-In 5 tract 6 under subparagraph that the case of a con- may be subject to reassignment (A)- "(i) in the case of a contract entered 7 8 into after the date of enactment 9 section, the contract shall include a provi- 10 of this sion that would permit reassignment; and "(ii) in the case of a contract in effect 11 12 on the date of enactment 13 the agency that is party to the contract 14 shall, to the maximum extent practicable, 15 seek an amendment 16 would permit reassignment. 17 of this section, to the contract that "(3) CERTAIN REASSIGNMENTS.-In the case of 18 a reassignment 19 thorization, 20 poses of the transfer 21 of personnel under paragraph 22 evant Federal oversight agency. of a federally delegated the original authorizing State au- agency for pur- of budget authority and detail (1) shall be the rel- 23 "(4) STATE AUTI-IORIZATIONS.-Not later than 24 180 days after the date of enactment of this section, 25 each agency that has entered into an agreement with 7 CEQ050FY18091_000002330 CEQ-18-0173-K-000141 EDW18040 S.L.C. 8 1 a State under which the State assumes the authority 2 to review and grant 3 agreement 4 provide for the potential reassignment 5 ization. 6 "(h) REASSIGNMENT PROCESS.- 7 8 authorizations of the State, shall, with the modify the agreement to of an author- "(1) MEMORANDUM OF AGREEMENT.- "(A) IN GENERAL.-Not later than 90 9 days after the date of enactment of this section, 10 each agency subject to title XLI shall enter into 11 a memorandum 12 in order to facilitate any potential reassignment 13 of Federal authorizations 14 of agreement with the Council under this section. "(B) INCLUSIONS.-The memorandum 15 agreement 16 vide that, in the case of a reassignment- under subparagraph of (A) shall pro- 17 "(i)(I) the original authorizing agency 18 may comment on the proposed decision of 19 the reassigned agency; but 20 "(II) the concurrence or approval of 21 the original authorizing agency shall not be 22 required; and 23 "(ii) the original authorizing agency 24 shall cooperate with the reassigned agency 25 to the maximum extent practicable. 8 CEQ050FY18091_000002330 CEQ-18-0173-K-000142 EDW18040 S.L.C. 9 1 "(C) DISPUTES.-In 2 relating to the 3 under 4 Council on Environmental 5 final decision. 6 "(2) the case of a dispute memorandum subparagraph (A), the of agreement Chair of the Quality shall make a REGULATORY AUTHORITY.-Nothing 7 this section provides to the reassigned 8 authority 9 ance or policy with respect to the authority 10 to promulgate regulations in agency the or issue guidunder which the reassigned decision was required. 11 "(3) LEGAL RESPONSIBILITY.-The reassigned 12 agency shall be the agency with legal responsibility 13 with respect 14 chapter 7, of title 5, United States Code (commonly 15 known as the 'Administrative 16 any final decision relating to the reassigned decision, 17 including, if applicable, attorney fees under sections 18 504 of title 5 and 2412 of title 28, United States 19 Code (commonly known as the 'Equal Access to Jus- 20 tice Act'). 21 "(4) to subchapter II of chapter Procedure 5, and Act') for ENFORCEMENT AND COMPLIANCE.-The 22 original authorizing agency shall be responsible for 23 the enforcement and compliance of any authorization 24 issued by the reassigned agency to the same extent 9 CEQ050FY18091_000002330 CEQ-18-0173-K-000143 EDW18040 S.L.C. 10 1 the original authorizing agency would be responsible 2 if the authorization was issued by that agency. 3 4 "SEC. 44004. APPLICATION AND JUDICIAL REVIEW. "(a) IN GENERAL.-Any deadlines or procedures 5 under or established pursuant to this title shall supersede 6 any deadlines or procedures under or established pursuant 7 to title XLI to the eA'ient that the deadlines or procedures 8 under or established pursuant to this title are inconsistent 9 with those deadlines or procedures. 10 "(b) ENVIRONMENTALLAWS.-Nothing in this title 11 supersedes or modifies the responsibility of any Federal 12 official or employee to comply with or enforce any Federal 13 environmental law. 14 "(c) JUDICIAL REVIEvV.- 15 "(1) DEADLINES.-A deadline established by 16 the Council under this title shall be a final decision 17 and shall not be subject to judicial review. 18 "(2) REASSIGNMENT.-Any decision by the 19 Council to reassign a decision under section 44003 20 shall be a final decision and shall not be subject to 21 judicial review.". 22 (b) DEFINITIONS.-Section 41001 of the FAST Act 23 (42 U.S.C. 4370m) is amended in the matter preceding 24 paragraph (1) by inserting "and in title XLIV" before the 25 semicolon. 10 CEQ050FY18091_000002330 CEQ-18-0173-K-000144 EDW18040 S.L.C. 11 1 (c) AUGMENTATIONOF AGENCYRESOURCESTO Ex- 2 PEDITE PERMITTING.-Section 214 of the Water Re- 3 sources Development Act of 2000 (33 U.S.C. 2352) is 4 amended- 5 (1) in subsection (a)- 6 (A) in paragraph 7 (1)- (i) by redesignating subparagraphs 8 (A) through 9 through (D), respectively; and 10 (C) as subparagraphs (ii) by inserting (B) before subparagraph 11 (B) (as so redesignated) 12 "(A) FEDERAL RESOURCE AGENCY.-The the following: 13 term 'Federal resource agency' means- 14 " (i) the Department of Commerce; 15 "(ii) the Department of the Interior; 16 "(iii) 17 18 the Environmental Agency; and "(iv) the Advisory Council on Historic 19 Preservation 20 of title 54, United States Code."; 21 (B) in paragraph 22 Protection established by section 304101 (2)- (i) by striking 23 and inserting 24 entitv"? J ' 11 "or railroad "railroad carrier" carrier, or private CEQ050FY18091_000002330 CEQ-18-0173-K-000145 EDW18040 S.L.C. 12 1 (ii) by striking "The Secretary" 2 inserting the following: 3 "(A) IN GENERAL.-The Secretary''; 4 (iii) by adding and and at the end the fol- 5 lowing: 6 "(B) FEDERAL RESOURCE AGENCIES.-A 7 Federal resource agency that is required by law 8 to have a role in commenting on, reviewing, ap- 9 proving, or issuing an opinion on a decision by 10 the Secretary on a permit application may ac- 11 cept and e1q)end funds contributed 12 Federal 13 pany, natural gas company, railroad carrier, or 14 private entity to e1q)edite the participation 15 the Federal resource agency in the permit proc- 16 ess. " ; an d 17 by a non- public entity or a public utility com- (C) in each of paragraphs of (4) and (5), by 18 inserting 19 source agencies" after "the Secretary"; 20 (2) in subsection (b) ( 1), by inserting "and the heads of the Federal re- '' and the 21 heads of the Federal resource agencies" after "the 22 Secretary"? 23 . ' (3) in subsection (d)(3)- 12 CEQ050FY18091_000002330 CEQ-18-0173-K-000146 EDW18040 S.L.C. 13 1 (A) by inserting 2 Federal 3 retarv'' ? and 4 o' resource after "The Sec- ' (B) by inserting 5 "Internet 6 (4) in subsection (e)- 7 (A) in paragraph 8 "and the head of each "for each agency" after site"; and ceding subparagraph (1), 1n the matter pre- (A)- 9 (i) by inserting "and the head of each 10 Federal resource aaency" . after "The Sec- 11 retary''; and 12 ~ (ii) by inserting "or for the Federal 13 resource 14 "Corps of Engineers"; 15 (B) in paragraph 16 agency, as applicable" after and (2)- (i) in the matter preceding subpara- 17 graph (A), by inserting 18 each Federal resource agency" after "the 19 Secretary''; 20 21 "and the head of and (ii) in subparagraph (B), by inserting "for each agency" after "Internet 13 site". CEQ050FY18091_000002330 CEQ-18-0173-K-000147 Re: Follow up From: "Paul, Sarah (Heller)" To: "Lai, Joseph G. EOP/WHO" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Wed, 24 Jan 2018 14:08:02 -0500 Absolutely. Members will be on retreat so my schedule is very flexible. Whatever works for the two of you Sent from my iPhonc wrote: On fan 24, 2018, at I :55 PM. Lai. Joseph G. EOP/WHO Wednesday next week work ? Sent from my iPhone On Jan 24. 2018 , at 1:49 PM , Paul , Sarah (Heller ) \\'Tote: Fant astic! Thanks Joe. Alex, Team Heller has a great P3 proposal that we believe can play a role in the upcoming debate on infrastructure.We would love to talk to you about it as well as my boss' other priorities. Just let us know a time that is convenient for you. lliank you in advance. Sent from my iPhone On Jan 24, 20 18, at I l:38 AM, Lai. JosephG. EOP /WHO wrote: Sarah, Great to catch-up earlier this week. I've cc'd Alex on this e-mail so that the three of us can coordinate a time for us to discuss the WH infrastructure vision and how your boss' plans can plug into that effort . Joe From: Paul, Sarah (Heller) [mailto:Sarah Paul@heller.senate.gov ] Sent: Wednesday, January 24, 201811:15 AM To: Lai, Joseph G. EOP/WHO Subject:Follow up Joe, Thank you again for taking the time to talk with us the other day. Per our conversation we would welcome the opportunity to meet with you along with DJand Alex in the near future on the President's infrastructure proposal once it is released. Please do not hesitate to let me know if we can provide you with any additional information on the issues we discussed. 1 CEQ050FY18091_000003139 CEQ-18-0173-K-000148 Sarah Timoney Paul Deputy Chief of Staff Legislative Director U.S. Senator Dean Heller 2 CEQ 050FY 18091_ 0000031 39 CEQ-18-0173-K-000149 RE: Infrastructure From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt )/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Bell, Megan (O'Donnell)" Date: Thu, 25 Jan 2018 15:52:19 -0500 I am available now From: Bell, Megan {O'Donnell) [mailto:megan.bell@mail.house.gov] Sent: Thursday, January 25, 2018 2:46 PM To: Herrgott , Alex H. EOP/CEQ Canfield, Ryan N. EOP/WHO Subject: RE: Infrastructure Alex, thank you very much for the reply . It is a pleasure to make your (virtual) acquaintance . Would you have some time in the next week or two to connect about Chairman Rogers' legislation, the RECLAIM Act? It's a bipartisan bi ll that passed out of HNR last year - aimed at giving the coal country economy a shot in the arm . I'm happy to come to you or discuss via phone if you're availab le. Thanks very much for the consideration. My best, Megan (I thought I had sent this to you earlier this week, only to find it stuck in my outbox. Sorry to make you fo llow up with me when I'm the one who asked for help!) From: Herrgott, Alex H. EOP/CEQ[mai lto Sent: Thursday, January 25, 2018 2:38 PM To: Canfield, Ryan N. EOP/WHO; Bell, Megan (O'Donnell) Subject: RE: Infrastructure Megan, How can I be of assistance? Thanks Alex From:Canfield, Ryan N. EOP/WHO Sent: Tuesday, January 23, 201811:42 AM Bell, Megan (O'Donnell) To: Herrgott, Alex H. EOP/CEQ 1 CEQ050FY18091_000000746 CEQ-18-0173-K-000150 Megan, Thank you for reaching out regarding the land revitalization portion of our infrastructure outline. I've copied Alex Herrgott on this email who would be your best point of contact to discuss the RECLAIM Act with. Let me know if you need anything else! Thank you, Ryan Ryan N. Canfield Special Assistant to the President White House Office of Legislative Affairs 2 CEQ050FY 18091_000000746 CEQ-18-0173-K-000151 RE: Infrastructure From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt )/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Canfield, Ryan N. EOP/WHO" Date: Thu , 25 Jan 2018 14:37:56 -0500 "Bell , Megan (O'Donnell)" Megan, How can I be of assistance? Thanks Alex From:Canfield, Ryan N. EOP/WHO Sent: Tuesday, January 23, 2018 11:42 AM To: Herrgott, Alex H. EOP/CEQ Subject: Infrastructure ; Bell, Megan (O'Donnell) Megan, Thank you for reaching out regarding the land revitalization portion of our infrastructure outline. I've copied Alex Herrgott on this email who would be your best point of contact to discuss the RECLAIMAct with. let me know if you need anything else! Thank you, Ryan Ryan N. Canfield Special Assistant to the President White House Office of Legislative Affairs 1 CEQ050FY18091_000000752 CEQ-18-0173-K-000152 Re: Infrastructure From: "Bell, Megan (O'Donnell)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu, 25 Jan 2018 16:13:26 -0500 I'm darting between a couple of meetings currently. So sorry! If you have any openingstomorrow, J'll happily take one. I.f of imerest. I can shoot you the info I shared with DOI. so you can glance over it ahead of time. Sent from my iPhone On J:m 25 , 2018. at 3:52 PM. Herrgott. Alex H. EOP/CEQ wro te: I am available now From: Bell, Megan {O'Donnell) [mailto :megan .bell@mail.house .gov ] Sent; Thursday, January 25, 2018 2:46 PM To: Herrgott, Alex H. EOP/CEQ Canfield, Ryan N. EOP/WHO Subject:RE: Infrastructure Alex, thank you very much for the rep ly. It is a pleasure to make your {virtual) acquaintance. Would you have some time in the next week or two to connect about Chairman Rogers' legislation, the RECLAIMAct? It's a bipartisan bi ll that passed out of HNR last year - aimed at giving the coal country economy a shot in the arm . I'm happy to come to you or discuss via phone if you 're available. Thanks very much for the consideration . My best, Megan (I thought I had sent this to you earlier this week, only to find it stuck in my outbox. Sorry to make you follow up with me when I'm the one who asked for help!) From: Herrgott, Alex H. EOP/CEQ[ mailto Sent: Thursday,January 25, 2018 2:38 PM To : Canfield, Ryan N. EOP/WHO;Bell, Megan (O'Donnell) Subject : RE: Infrastructure Megan, How can I be of assistance? 1 CEQ050FY18091_000001618 CEQ-18-0173-K-000153 Thanks Alex From: Canfield, Ryan N. EOP/WHO Sent: Tuesday, January 23, 2018 11:42 AM To: Herrgott, Alex H. EOP/CEQ Bell, Megan (O'Donnell) Subject: Infrastructure Megan, Thank you for reaching out regarding the land revitalization portion of our infrastructure outline. I've copied Alex Herrgott on this email who would be your best point of contact to discuss the RECLAIM Act with. Let me know if you need anything else! Thank you, Ryan Ryan N. Canfield Special Assistantto the President White House Office of LegislativeAffairs 2 CEQ050FY18091_000001618 CEQ-18-0173-K-000154 RE: Dela in FY19 bud et release: Februa From 12 "Gribbin , DJ J. EOP/WHO" To: "Van Doren, Terry (McConnell)" , H. EOP/CEQ" Date : Thu, 25 Jan 2018 11:05:47 -0500 "Herrgott, Alex Teny, Sorry for slow response. President said yesterday that release will be 1-2 weeks after SOTU. Actual date has not been locked down, but we are close. DJ -----Original Message----From: Van Doren, Terry (McConnell) [mailto:Teny_ VanDoren@mcconnell.senate.gov) Sent: Wednesday, January 24, 2018 l0:56 AM Io: Gribbin , DJ .I. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: FW: Delay in FY 19 budget release: February 12 I assume this also delays further infrastmcnne roll-out? Thanks in advance for your work and keeping:us in the loop. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington, DC 20510 -----Original Message----From: Slemrod, Jonathan A. EOP/OMB [mailto Sent: Wednesday, January 24 , 2018 10:14 AM To: Slemrod, Jonathan A. EOP/OMB Cc: Freeland , Jeff K. EOP /OMB Subject: FY I 9 budget release: February 12 Folks. Tlle President's FY 2019 Budget had been scheduled to be released on Monday, Febrnary 5th. Unfonunately, preparing for and then implementing the lapse in appropriations meant that both 0MB and agency staff lost several work days during an especially critical part of the budget production process. TI1elime we lost to the lapse has prompted us 10 delay the release of the Budget to Monday, February 12th. Consistent witJ1past practice, we respectfully ask that subsequent budget hearings take place after Director Mulvaney has had a chance to explain the document in his testimony, which we expect will begin the morning of Febmary 13th. We will provide more information in the coming weeks. 1 CEQ050FY18091 _000002316 CEQ-18-0173-K-000155 Jonny Jonathan Slemrod Associate Director, Legislative Affairs Office of Management and Budget 2 CEQ050 FY 18091 _ 000002316 CEQ-18-0173-K-000156 RE: Infrastructure From "Bell, Megan (O'Donnell)" To: "Herrgott, Alex H. EOP/CEQ" EOP/WHO" Date: Thu, 25 Jan 2018 14:46:18 -0500 "Canfield, Ryan N. Alex, thank you very much for the reply. It is a pleasure to make your (virtual) acquaintance . Would you have some time in the next week or two to connect about Chairman Rogers' legislation, the RECLAIM Act? It's a bipartisan bill that passed out of HNR last year - aimed at giving the coal country economy a shot in the arm . I'm happy to come to you or discuss via phone if you're availab le. Thanks very much for the consideration. My best, Megan (I thought I had sent this to you earlier this week, only to find it stuck in my out box. Sorry to make you follow up with me when I'm the one who asked for help!) From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Thursday, January 25, 2018 2:38 PM To: Canfield, Ryan N. EOP/WHO;Bell, Megan (O'Donnell) Subject: RE: Infrastructure Megan, How can I be of assistance? Thanks Alex From: Canfield, Ryan N. EOP/WHO Sent:Tuesday, January 23, 2018 11:42 AM To: Herrgott, Alex H. EOP/CEQ Subject:Infrastructure ; Bell, Megan (O'Donnell) Megan, Thank you for reaching out regarding the land revitalization portion of our infrastructure outline. I've copied Alex Herrgott on this email who would be your best point of contact to discuss the RECLAIMAct with. 1 CEQ050FY18091_000003136 CEQ-18-0173-K-000157 Let me know if you need anything else! Thank you, Ryan Ryan N. Canfield Special Assistant to the President White House Office of Legislative Affairs 2 CEQ050FY 18091 _ 000003136 CEQ-18-0173-K-000158 RE: Good to bum From esterda "Pawlowski, Michael (Murkowski)" To: "Lai, Joseph G. EOP/WHO" Cc: "Boy le , Garrett (Murkowski)" < EOP/WHO" Date: Thu, 25 Jan 2018 10:58:07 -0500 rnurkowski.senate .gov> , "Gribbin, DJ "Herrgott, Alex H. EOP/CEQ" J. Thanks for that Joe - we wou ld really appreciate a meeting - the committee is focused on the ir jurisdiction (Energy Infrastructure) whi le we in the personal office are focused on the broader bill/package and the unique attributes of Alaska. From: Lai, Joseph G. EOP/WHO [mailt Sent: Wednesday, January 24, 2018 12:39 PM To: Pawlowski, Michael ( Murkowski) Cc:Boyle, Garrett (Murkowski) ; Gribbin, DJ J. EOP/WHO ? Herrgott , Alex H. EOP/CEQ Subject: RE:Good to bump into you yesterday Fish, We did an extensive meeting with Energy Committee majority staff last week to discuss Murkowski priorit ies. That said, Alex Herrgott and I can come by to chat in more deta il after SOTU if that works for you . What do you think? Joe From: Pawlowski, Michael (Murkowski) [rnallto:Mlchael Pawlowski@murkowskl.senate.gov ] January 24, 2018 12:07 PM To: Lai, Joseph G. EOP/WHO Cc:Boyle, Garrett (Murkowski) ; Gribbin, DJ l EOP/WHO Sent: Wednesday, Subject: Good to bump into you yesterday Joe -was good to bump into you and DJ yesterday. Given how complex Alaska is it would be good to get you and DJ over to meet with myself and our LO on infrastructure - happy to be flexible for whatever can work. Appreciate it. Fish 1 CEQ050FY18091_000003137 CEQ-18-0173-K-000159 Michael Pawlowski Chief of Staff United States Senator Lisa Murkowski 2 CEQ050FY 18091 _ 000003137 CEQ-18-0173-K-000160 RE: Infrastructure From: "Bell, Megan (O'Donnell)" To: "Herrgott, Alex H. EOP/CEQ" Date: Fri, 26 Jan 201810:25:45 -0500 Attachments: RECLAIM001.pdf (1.52 MB) Alex- here is the information I provided to DOI when briefing them on the legislation. Included in this packet: - Dear Colleague from Chairman Rogers - List of cosponsors when the bill was reported out of committee - Section by Section Summary - For the past two fiscal years, Congress has authorized discretionary funding to pilot this concept of reclamation for economic development. The DOI report on the effectiveness of FY16funding is included. I highlighted the important sections on job creation. - CBO Score (Note: we are working with Chairman Brady's staff on W&M on an offset) - NMAConcerns with the AML fund (so you don't think I am pulling wool over your eyes) - Our rebuttal to NMA's concerns with RECLAIM I understand that's a huge information dump, but the important sections of each document are highlighted for your convenience. I can walk you through everything when we talk- but the long and the short is this: The pilot at OSMRE has proved the concept: the reclamation of abandoned mine lands creates longterm job growth. RECLAIMhas bipartisan support and passed out of Committee by voice vote. These aren't taxpayer dollars we're using. Leader McConnell is the lead champion in the Senate. Apologies again for the information dump, but I know your time is limited and I want to make the best use of it. Thanks again for the consideration, and whenever you have a few minutes to chat, is great with me. Thanks so much, Megan From: Bell, Megan(O'Donnell) Sent: Thursday, January 25, 2018 4:13 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: Infrastructure I'm darting between a couple of meetings currently. So sorry! If you have any openings tomorrow, I'll happily take one. If of interest, I can shoot you the info I shared with DOI, so you can glance over it ahead of time. Sent from my iPhone 1 CEQ050FY18091 _ 000001614 CEQ-18-0173-K-000161 On Jan 25, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ I am available now From:Bell, Megan (O'Donnell) [mailto:megan.bell@mail.house.gov ] Sent:Thursday, January 25, 2018 2:46 PM To: Herrgott, Alex H. EOP/CEQ Canfield, Ryan N. EOP/WHO Subject:RE:Infrastructure Alex, thank you very much for the rep ly. It is a pleasure to make your {virtual) acquaintance. Would you have some time in the next week or two to connect about Chairman Rogers' legislation, the RECLAIMAct? It 's a bipartisan bill that passed out of HNR last year - aimed at giving the coal country economy a shot in the arm. I'm happy to come to you or discuss via phone if you 're available. Thanks very much for the consideration. My best, Megan (I thought I had sent th is to you earlier this week, on ly to find it stuck in my outbox. Sorry to make you follow up with me when I'm the one who asked for help!) From: Herrgott, Alex H. EOP/CEQ[ mailt Sent: Thursday,January25, 2018 2:38 PM To: canfield, RyanN. EOP/WHO;Bell, Megan(O'Donnell) Subject: RE:Infrastructure Megan, How can I be of assistance? Thanks Alex From:Canfield, Ryan N. EOP/WHO Sent:Tuesday, January 23, 2018 11:42 AM To: Herrgott, Alex H. EOP/CEQ< ; Bell, Megan (O'Donnell) Subject:Infrastructure Megan, 2 CEQ050FY18091_000001614 CEQ-18-0173-K-000162 Thank you for reaching out regarding the land revitalization portion of our infrastructure outline. I've copied Alex Herrgott on this email who would be your best point of contact to discuss the RECLAIM Act with. Let me know if you need anything else! Thank you, Ryan Ryan N. Canfield Special Assistant to the President White House Office of Legislative Affairs 3 CEQ050FY18091_000001614 CEQ-18-0173-K-000163 PLEASERESPONDTO: HAROLD ROGERS 5TH DISTRICT, KENTUCKY WASHINGTON OFFICE? 0 COMMITTEE ON APPROPRIATIONS CHAIRMAN EMERITUS SUBCOMMITTEE ON STATE AND FOREIGN OPERATIONS CHAIRMAN 2006 RAYBURN HOUSE OFFICE BUILDING WASHINGTON , DC 2051!>-1705 1202) 225-4601 DISTRICT OFFICES: 0 551 CLIFTY STREET SOMERSET, KY 42503 (606) 67-6 OR SUBCOMMITTEE ON DEFENSE SUBCOMMITTEE ON COMMERCE , JUSTICE ANO SCIENCE ~ongrcss oftheCJanittd ~rates il-lousr of1Rtpnsmtatiots -Uashington, ll~ 20515-1705 1--32-8588 0 46 SOUTH KENTIJCKY HIGHWAY HAZARD, KV o1101 (606) 439--0794 D 15 110 RESOURCE COURT SUITE A PRESTONSBURG, KV 41653 (6061886--0844 July 27. 2017 Dear Colleague, Coal communities in the US are struggling to cope with significant job losses after a decrease in nationwide coal production has left thousands unemployed. Unfortunately, many of those who depended on the coal industry to make their living are finding limited options in the communities they have called home for decades. While these communities have what it takes to retool and put their residents back to work, their terrain and proximity to abandoned mines pose significant challenges to their economic development goals. The Department of Interior estimates that there is more than $3 billion worth of abandoned mine lands remaining in the US, totaling more than 6 million acres. While the Department's Abandoned Mine Land (AML) Reclamation Program has distributed over $8 billion to these communities for reclamation and other purposes since 1977, _pQroximately $2.4 billion currently remains in the AML Fund's existing, unappropriated balance. As this Fund is supported by a fee on coal production in these communities, it is time to return these resources back to those who worked hard to produce them and invest in their futures. The bipartisan, bicameral RECLAIM Act would ccelerate the release of $1 billion from the existing balance in the AML Fund to assist communities that have traditionally relied on the coal industry for employment or have recently experienced significant coal job losses. Many of these communities have abandoned mine lands within their borders that they simply do not have the resources to reclaim. :ithout undergoing the reclamation process, these lands cannot support the job-creating economic development projects that these communities may wish to pursue. This legislation would allow States and Indian tribes to restore the environment and facilitate economic development on abandoned mine lands in communities where it is most needed. Pas sed unanimously by the House Natural Resources Committee on June 20, 2017, the RECLAIM Act: o o Accelerates the release of $1 billion from the unappropriated balance of the AML Fund over 5 years, from FY l 7-FY2 l Ensures that RECLAIM funds are only used for the reclamation of priority 1, 2 and 3 abandoned mine sites 1 CEQ0 50FY18091_ 00000 1615 CEQ-18-0173-K-000164 o o o o Requires that sites reclaimed under the bill are used for future economic or community development (though states experiencing a hardship in meeting this requirement may request a waiver) Enables States and Indian tribes to work with local communities to identify and fund economic development projects on AML sites by providing the funds needed for reclamation Beginning in FY 2020, allows States and Indian tribes to compete for funding unused by other participating entities if they use all of their allocation in the previous fiscal year Clarifies that funds provided by the Appalachian Regional Commission can be used for the economic development projects enabled by the RECLAIM Act This legislation will provide true opportunities for economic growth and job creation in struggling coal communities throughout the country, and I urge your support. If you have any questions, or would like to co-sponsor, please contact Jakob Johnsen with Congressman Rogers (Jake.Johnsen@mail.house.gov) or Jeremy Marcus with Congressman Cartwright (Jeremy.Marcus@mail.house.gov) . Sincerely , =lld~~ Harold Rogers MEMBER OF CONGRESS 2 CEQ050FY18091_000001615 CEQ-18-0173-K-000165 Cosponsors: H.R.1731 Sponsor: Rep . Rogers. Harold [R-KY-5] I Cosponsor statistics : 40 current - includes 4 original Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. Rep. R@. Cosponsor Democrats Beyer. Donald S .o Jr. [D-V A-8] Boyle. Brendan F. [D-PA-13] Brady. Robert A. [D-PA-1] Bustos. Cheri [D-IL-17] Cartwright. Matt [D-PA-17]* Delaney. John K. [D-MD-6] Doyle. Michael F. [D-PA-14] Foster. Bill [D-IL-11] Huffman. Jared [D-CA-2] Loebsack. David [D-IA-2] Lowenthal, Alan S. [D-CA-47] Lujan Grisham. Michelle [D-NM-1] Lujan. Ben Ray [D-NM-3] Polis. Jared [D-CO-2] Ryan. Tim [D-OH-13] Sewell. Terri A. [D-AL- 71 Yarmuth. John A. [D-KY-3] Date Cosponsored 07/11/2017 10/12/2017 07/27/2017 10/12/2017 03/27/2017 09/26/2017 07/28/2017 10/16/2017 09/05/2017 08/22/2017 09/26/2017 09/08/2017 09/06/2017 07/27/2017 08/04/2017 07/28/2017 08/22/2017 Republicans Rep. Rep. Rep. Rep. Barletta. Lou [R-PA-11] Costello. Ryan A. [R-PA-6] Dent. Charles W. [R-PA-15] Duncan, John J., Jr. [R-TN-2] 04/26/2017 10/03/2017 Rep. Fleischmann, Charles J. "Chuck" [R-TN-3] R@. Gibbs. Bob [R-OH-7] 06/29/2017 07/27/2017 05/23/2017 07/25/2017 Rep. Griffith. H. Morgan [R-VA-9]* 03/27/2017 Rep. Guthrie. Brett [R-KY-2] 07/28/2017 Rep. Jenkins. Evan H. [R-WV-3]* 03/27/2017 Rep. Johnson. Bill [R-OH-6] Rep. Kelly. Mike [R-PA-3) Rep. LaHood. Darin [R-IL-18] 08/04/2017 06/29/2017 06/12/2017 Rep. Marino. Tom [R-PA-10) 07/25/2017 Rep. McKinley. David B. [R-WV-1) 03/29/2017 Rep . Moone y. Alexander X. [R-WV-2) 06/12/2017 R@. Murphy. Tim [R-PA-18) 07/19/2017 Rep. Radewagen. Aumua Amata Coleman [R-AS-At Large] 06/26/2017 Rep. Renacci. James B. [R-OH-16) 10/12/2017 R@. Roe. David P. [R-TN-1) Rep. Rothfus. Keith J. [R-PA-12] Rep . Shuster, Bill [R-PA-9) 09/21/2017 Rep . Stivers. Steve [R-OH-15) Rep . Thompson. Glenn [R-PA-5)* 03/29/2017 03/27/2017 07/19/2017 03/30/2017 3 CEQ050FY18091_000001615 CEQ-18-0173-K-000166 H.R. 1731, the RECLAIM Act of 2017, as Amended Section-by-Section Summary H.R. 1731, the RECLAIM Act of 2017, would accelerate the release of $1 billion from the remaining, unappropriated balance in the Abandoned Mine Reclamation Fund to revitalize coal communities impacted by abandoned mine lands and the recent decrease in coal mining. This legislation will enable States and Indian tribes to facilitate sustainable economic development in economically distressed communities. Section 1 - Short Title Section 2 - Economic Revitalization for Coal Country Provides for the addition of Section 416: Abandoned Mine Land Economic Revitalization to Title N of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Section 416 is outlined below: Section (a): Purpose - summarizes the purpose of Section 416, which is to promote economic revitalization, diversification, and development in economically distressed mining communities. Section (b): In General - provides the Secretary of Interior with $200 million annually from Fiscal Year 2017 to 2021 for the purposes outlined in section (a). Section ( c): Use of Funds for Projects at Priority 3 Sites - specifies that funding distributed to States and Indian tribes used to carry out reclamation projects must be intended to create favorable conditions for economic development in the surrounding area. Eligible project applicants include State, local, county, or tribal entities and project related activities may be sub-contracted out to nongovernmental organizations. These projects must be conducted in areas that have been adversely affected by a recent reduction in coal mining related activity or in communities that have traditionally relied on coal mining for a substantial portion of their economy. Each project applicant must engage in appropriate project planning and collaboration with outside persons or organizations. The public must be notified during the project planning process and be given the opportunity to comment at public meetings near proposed project sites. I\ State or Indian Tribe may be granted a waiver for the submission requirements related to economic development for priority 1 or 2 sites if they submit documentation explaining why achieving favorable economic conditions is not practicable or cannot be met. (Beyer Amendment) Section (d): Distribution of Funds - distributes funds to States and Indian tribes: Uncertified States and Indian Tribes $195 million will be distributed to uncertified States and tribes with approved AML programs each year from Fiscal Year 2017 to 2021. o Fiscal Years 2017, 2018 and 2019 - funding is allocated based on the distribution formula. The formula is based on historical coal production and the proportion coal fees paid into the AML fund between the years of2012 and 2016. o Fiscal Year 2020 through 2021 - if a State or tribe has fully committed the funding it received in FY 17, FYI 8 and FYI 9 to projects, it will receive the same amount it received in those years for each of FY2021 (if it fully utilizes its allocation in each year). It will also have an opportunity to apply for additional funding through the reallocation process explained below. This process will award additional funding to States and tribes based on their unmet reclamation needs, the amount they paid into the AML Fund, and 5 CEQ050FY18091_000001615 CEQ-18-0173-K-000168 coal mining employment losses. If a State or tribe has not fully committed the funding it received in the previous fiscal year, then it will receive either the amount it has committed to projects in that previous year, or the amount it received in FYI 7 {whichever amount is lesser). o Fiscal Year 2022 - each State or Indian tribe that has committed the full amount of its FY2 l allocation to projects is eligible for a reallocation or "bonus payment" in FY22. These payments will be awarded from the pot of funds that remain uncommitted from all previous fiscal years. The reallocation process is described below. Additional Funding to Certain State and Indian Tribes An additional $5 million will be available each year to certified states, to be distributed by the Secretary through a grant application process. Reallocation of Uncommitted Funds This section is intended to incentivize States and tribes to execute project agreements and use the funding they are granted under this section in a timely manner. It will also ensure that funding allocated under this section is used for its intended purpose and not wasted by States and tribes who choose not to use it. By reallocating unused funds to States and tribes, the program is offering them the opportunity of a bonus payment {if funds are available) as a reward for using their funds for eligible projects. This process will allow for the efficient reclamation of as much abandoned mine land as possible during the life of the program. The reallocation process is summarized here: o Fiscal Year 2020 through 2021 - States and tribes will lose any funding that they have not committed to projects from their FY 17, FY 18 and FY 19 allocation. The Secretary will redistribute unused funding to States and Tribes that have fully utilized their funding allocations in each ofFY20-21 through an application process. For eligible States and tribes, this section essentially provides them with an opportunity to apply for "bonus payments" on top of the direct allocation they receive from the Secretary. In order to remain eligible for bonus payments, a State or tribe must commit its full allocation from the previous year to projects. o Fiscal Year 2022 - the Secretary will award "bonus payments" to States and tribes that have committed all of the funding allotted to them in FY21 for projects, provided that funds are available. Funds will be available for these bonus payments if there are funds that remain uncommitted from previous fiscal years. o Amount of Reallocation - the amount to be reallocated to States and Indian tribes will be based on the amount of unmet reclamation needs in their inventory, the amount the State or Indian tribe paid into the Fund, and the proportion of recent coal mining employment loss incurred in the State or tribe, based on MSHA coal employment data. The term "committed" is defined to mean that funds received by the State or Indian tribe have been reserved for a specific project or have been expended or designated for the completion of a project. Section (e): Resolution of Secretary's Concerns and Congressional Notification - requires the Secretary to engage with the relevant State or Indian tribe if it determines that a selected project does not meet the criteria specified in the bill. This process will take place before a project is rejected by the Secretary and is intended to assist States and tribes in making their preferred projects eligible for the program. This process can take no longer than 45 days from the moment problems are identified with the project in question. If a project must be rejected, the Secretary will provide Congress with an explanation for the rejection. Section (t): Acid Mine Drainage Treatment - authorizes States and Indian tribes to use up to 30% of the funds received under this section to be used for the treatment of acid mine drainage problems. If a State or tribe 6 CEQ050FY18091_000001615 CEQ-18-0173-K-000169 can demonstrate that its current acid mine drainage funding allocation is insufficient, it may use funding from this program to remedy existing acid mine drainage problems. As with any other project funded through this program, if a State or tribe executes a project agreement to use funding provided under this section for acid mine drainage work, then it will be considered "committed" for purposes of reallocation. Section (g): Project Planning and Administration - allows States and tribes to designate up to 10 percent of their distribution for project planning and administrative purposes. During project planning, the State or Indian tribe should identify eligible projects, update the inventory of abandoned mine sites, develop project designs, prepare cost estimates and engage in other similar activities necessary to facilitate the reclamation of these lands. Section (h): Report to Congress - requires the Secretary to report to the Committees on Natural Resources and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate about the projects they have undertaken and the resulting economic and community benefits. ~tion (i): Rep. Thompson Amendment - ensures all funds are used for reclamation by barring any State or Indian tribe that uses the funds from this section for purposes other than reclamation or drainage abatement from receiving any subsequent funding from this section. Section 3 -Technical and Conforming Amendments This section makes several conforming and technical amendments to title IV of SMCRA, including adding references to the new authority in several sections and updating the inventory language in section 403(c) to achieve a more accurate inventory of existing AML problems. Section 4 - Minimum State Payments Language is included raising the cap on minimum state payments from $3 million to $5 million per year. Section 5 - GAO Study on Use of Funds GAO must issue a report to Congress no later than two years after enactment on the solvency of the Abandoned Mine Reclamation Fund and the impact of the RECLAIM Act on the payments issued to certified and uncertified states under SMCRA and transfers to the United Mine Workers of America Combined Benefit Fund. Section 6 - Abandoned Mine Land Reclamation and Restoration Initiative Clarifies that ARC funds appropriated by Congress can be used for economic and community development projects on AML land. Section 7 - Headquarters of the Appalachian Regional Commission Per the Exchanger of Letters between House Natural Resources Committee Chairman Bishop and House Transportation and Infrastructure Committee Chairman Shuster, this section will be removed prior to full Floor consideration. Section 8 - Effects on Certified States (Cheney Amendment) Ensures that nothing in the bill would be construed to reduce or otherwise affect payments to Certified States. 7 CEQ050FY18091_000001615 CEQ-18-0173-K-000170 CEO-1 8-0173-K-000171 Report on Abandoned Mine Land Reclamation Economic Development Pilot Program (AML Pilot Program) for FY 2016 - FY 2017 Prepared by the Office of Surface Mining Reclamation and Enforcement (OSMRE) Prepared by the OSMRE Program Support Directorate March 28, 2017 9 Page 1 of18 CEQ050FY 18091_000001615 CEQ-18-0173-K-000172 I. Introduction and Background The Abandoned Mine Land Reclamation Economic Development Pilot Program (AML Pilot) for FY 2016 was authorized by Congress under the Consolidated Appropriations Act, 2016 (Public Law 114-113) and enacted on December 18, 2015. Administered by the Office of Surface Mining Reclamation and Enforcement (OSMRE), the AML Pilot provided $30 million of US Treasury Funds to each of the three Appalachian state AML Programs (Kentucky, Pennsylvania and West Virginia) which have the highest amount of unfunded coal-related problems that are classified as Priority 1 and Priority 2 abandoned mine lands sites and inventoried in the Enhanced Abandoned Mine Land Inventory System (e-AMLIS). The AML Pilot funds are to be used "for the reclamation of abandoned mine lands in conjunction with economic and community development and reuse goals" . This report describes implementation actions for the AML Pilot. II. Implementation of the AML Pilot Program OSMRE facilitated a meeting on February 24, 2016, in West Virginia with state AML Program staff from Kentucky, Pennsylvania and West Virginia to obtain input on the implementation on the AML Pilot Program. A second meeting was held on March 16, 2016, in Lexington, Kentucky to solicit input from additional stakeholders on the AML Pilot. OSMRE also participated in workshops with economic development organizations convened by the Appalachian Regional Commission (ARC) in the three states to provide information about the AML Pilot Program and to encourage state and local economic developers to identify opportunities to align and leverage their efforts with AML reclamation projects. OSMRE released the Final AML Pilot Guidance Document to stakeholders on May 2, 2016 . This guidance document was developed by OSMRE to assist the states in their selections of projects . The guidance document outlined general criteria by which potential projects should be evaluated for eligibility and successful selection, as well as suggested means by which projects could meet the economic and community development nexus criteria. The guidance document can be viewed at: www.osmre.gov /programs /AML/pilotProgramGuidance.pdf Between June and September 2016, OSMRE awarded $30 million in AML Pilot grants to each of the three eligible states. The three states utilized diverse approaches to solicit project applications for the AML Pilot funds. On August 4, 2016, OSMRE celebrated the first AML Pilot project to break ground with an event at the Ehrenfeld Economic Development Project in Pennsylvania, which involved the cleanup of a coal refuse waste pile . Prepared by the OSMRE Program Support Directorate March 28, 2017 10 Page 2 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000173 III. Current Status of Projects by State: As of March 17, 2017, OSMRE has completed its review of 28 project applications submitted by the three state AML Programs and is currently reviewing two projects from Kentucky. Applications are reviewed on a rolling-basis to efficiently provide feedback to each state. OSMRE has confirmed that 26 of the 28 completely reviewed projects meet the eligibility criteria to receive AML Pilot funds and has granted preliminary approval. Outlined below are the 26 projects preliminarily approved for AML Pilot funds which include: 6 in Kentucky, 14 in Pennsylvania, and 6 in West Virginia. Based on the requested amounts for AML Pilot funding for these selected project proposals, all three state AML Programs are at or near their $30 million threshold in AML Pilot grants. At many of the proposed project sites that have received OSMRE's preliminary approval for AML Pilot funding, construction and other field-related activities have not yet commenced due to several factors, including applicants working with their state and local development authorities to secure other private and public funding; finalizing design and planning approvals/permits; resolving land acquisitions; and addressing access issues . In addition, applicants continue to work with the state AML programs to prepare and submit a scope of work to OSMRE that includes: site-specific details; project timelines; and completed environmental documents, such as those needed to support compliance with the National Environmental Policy Act (NEPA). Once this informational package is submitted to OSMRE, the Bureau will review and grant final approval based on the site-specific information and compliance with NEPA requirements followed by issuance of an authorization to proceed (ATP) . The ATP allows each state AML program to award contracts and subcontracts for the expenditure of AML Pilot funds. To date, 13 of the 26 preliminarily approved AML Pilot projects have received OSMRE's ATP to begin construction and other field activities. Of these, seven projects have commenced work on-site. Kentucky Kentucky received project proposals for the AML Pilot Program from local and state government entities and submitted a total of 10 projects . Six have received preliminary approval by OSMRE and awarded a portion of the $30 million . Two projects are currently under OSMRE review and the remaining two projects were not approved . Applicants were referred to other potential funding sources that better align with the projects' objectives. Located across six counties in eastern Kentucky, the six approved AML Pilot projects include two outdoor recreation/conservation/education projects, two industrial improvement projects, and two professional development/training projects. Projects were selected for AML Pilot funding based on their potential to create long-term economic benefits in local coal communities. These projects will result in estimated outcomes that include : increased tourism attracting over 600,000 visitors to the region ; workforce training for over 225 students annually; opportunities for educational outreach activities to over 100,000 participants; over $139 million in generated revenue ; the reclamation of 34 miles of public trails; 3,000 new jobs created; and broader impacts that will yield infrastructure development, stronger local businesses, and restoration of public lands . In addition , the pilot projects have the potential to leverage an additional $3 for every $1 of AML Pilot Program funding from public and private economic development funds . Additional information can be found through the Kentucky Energy and Environment Cabinet at the following link : www.eec.ky .gov Prepared by the OSMRE Program Support Directorate March 28, 2017 11 Page 3 of 18 CEQ050FY 18091_000001615 CEQ-18-0173-K-000174 Lastle County Lineman Tm01lngProgram 37 9' 39" 83 22'24 " HertanCounty lndustnal Oevalopmenl Autharity Harten Wood Products Projecl 38 48' 19" 83 19'28? Map of preliminarily approved pro.iects for the AML Pilot Program in Kentucky Appalachian Wildlife Center Status: Preliminary OSMRE approval Location: Bell County Requested AML Pilot Funding: $17 million Additional Funding: $1.8 million awarded by ARC though the POWER 2016 Federal Funding Opportunity and $8.2 million committed by other project partners AML Site Info: Priority 3 unreclaimed and previously reclaimed Project Partners: KY Department of Fish and Wildlife Resources, Bluegrass International Fund, Appalachian Regional Commission, Asher Land & Minerals Co., Monsanto, Jamieson Construction, and Cumberland Surety The Appalachian Wildlife Center comprises 246 acres and is the most extensive project proposal in Kentucky approved for AML Pilot funding . Its centerpiece is the construction of a visitor center that features the largest elk restoration and viewing effort in the United States and is projected to bring $124 million into the regional economy . The facility will include: a visitor center with a museum and theater, auto tour loop, trails over 19 square miles, and a wildlife and nature preserve on 12,000 acres of previously mined land. Scheduled to open in 2019, this project is expected to attract over 600,000 annual visitors, directly reach over l 00,000 students in the region as part of its educational program, and spur future growth and diversification of the local economy. The Wildlife Center will directly employ 94 people at well-paying salaries and will result in the indirect creation of over 2,000 regional jobs. Prepared by the OSMRE Program Support Directorate March 28, 2017 12 Page 4 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000175 East Kentucky Advanced Manufacturing Institute (eKAMI) Status: Preliminary OSMRE approval Location: Johnson County Requested AML Pilot Funding: $2.5 million AML Site Info: Priority 3 adjacent AML lands Project Partners: Kentucky Cabinet for Economic Development , Shaping Our Appalachian Region, One East Kentucky, Eastern Kentucky Concentrated Employment Program, Lockheed Martin, and Vincennes University The East Kentucky Advanced Manufacturing Institute (eKAMI) is located adjacent to abandoned mine lands and will operate and maintain a training center that provides a computer numeric controlled (CNC) training program in advanced manufacturing. The center will train up to 100 students annually to industry-recognized skill certification. The immediate beneficiaries include: students (many former coal industry employees) and regional employers seeking qualified CNC machinists. Harlan Wood Products Proiect Status: Preliminary OSMRE approval Location: Harlan County Requested AML Pilot Funding: $2.5 million Additional Funding: $10.5 million from Harlan Wood Products LLC AML Site Info: Priority 3 previously reclaimed Project Partners: Harlan Wood Products LLC This project will construct the infrastructure, road access, and water storage facilities for the new Harlan Wood Products production center that will produce wood pellets to be sold as biomass fuel. Approximately 75,000 tons of wood pellets will be produced annually at this facility for export to international markets. The site is located on a reclaimed abandoned mine land site. This project will directly employ 30 to 35 people and result in approximately 60 new indirect jobs . The project proposal requests $2.5 million from the AML Pilot and will leverage an additional $10.5 million from Harlan Wood Products, LLC. Impact Outdoor Adventure Status: Preliminary OSMRE approval Location: Clay County Requested AML Pilot Funding: $500,000 AML Site Info: Priority 3 unreclaimed and previously reclaimed Project Partners: Operation UNITE, Clay County Industrial Board Impact Outdoor Adventures, a non-profit organization, proposes to create an Outdoor Adventure Park for mountain bikes adjoining 15 miles of existing trails. This project will include an archery center and a horse barn and equine center on a 4 7 acre tract donated by the Clay County Industrial Board. The completed project will employ 4 to 5 people in permanent positions with the potential for more while increasing the number of annual visitors to the area. Prepared by the OSMRE Program Support Directorate March 28, 2017 13 Page 5 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000176 Lineman Training Status: Preliminary OSMRE approval Location: Leslie County Requested AML Pilot Funding: $1.2 million AML Site Info: Priority 3 adjacent AML lands Project Partners: Hazard Community & Tech College and Big Sandy Community & Tech College This project will establish an electrical lineman training program at the Kentucky Community and Technical College System (KCTCS). Workers would be trained for use of fiber optics and splicing of dark fiber. The field lab for the training program is located adjacent to AML sites and it will be utilized for practical training experience . The project is expected to train 125 people (primarily displaced former coal miners) and generate $15 million in wages over five years. Marion Branch Industrial Park Project Status: Preliminary OSMRE approval Location: Pike County Requested AML Pilot Funding: $5 million Additional Funding: $43.5 million from national and regional investors AML Site Info: Priority 3 unreclaimed and previously reclaimed Project Partners: KY Transportation Cabinet, US Army Corps of Engineers , US Department of Commerce Economic Development Administration, US Housing and Urban Development Community Development Block Grant, SF Loan (pending), ARC Grant (pending), USDA Rural Development Loan and Grant Program This project invests in digital technology infrastructure development near existing AML projects to further develop the Marion Branch Industrial Park. Planned work includes a 50,000 sq. ft. industrial building, a broadband conduit, and foundation fill. Tens of millions of dollars have already been committed from other sources and are currently being utilized on the ground. The infrastructure provided by the project will attract small and large companies to the area , resulting in a stronger local economy and long term stability of the community. Project developers expect to attract over 1000 additional well-paying jobs to the area, and to stabilize the tax base of local communities. South Fork Elk View Waterline and Campground Project Status: Under review for preliminary OSMRE approval Location: Breathitt County Requested AML Pilot Funding: $1.9 million Project Partners: Kentucky River Area Development District, Breathitt County Water District This project plans to construct a water supply line to the elk viewing area located on HWY I 098. Additionally, hydrants, storage tanks, a pump station and a campground with bathhouse and playground will also be constructed. It is estimated to initially create IO - 15 jobs and increase economic development through adventure tourism. Prepared by the OSMRE Program Support Directorate March 28, 2017 14 Page 6 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000177 Royalton Trail Town Development Status: Under review for preliminary OSMRE approval Location: Magoffin County Requested AML Pilot Funding: $1.9 million AML Site Info: Priority 3 unreclaimed Project Partners: Royalton Trail Town Inc., Kentucky Office of Adventure Tourism, Kentucky Department of Travel, Kentucky Department of Parks This project involves the construction of campgrounds, recreation areas, and support facilities in support of users of the Dawkins Line Rail Trail in order to encourage tourism. The project will support further business creation/development in the area directly impacted by trail users. Pennsylvania Fourteen projects have each been awarded a portion of $30 million to reclaim abandoned mine lands (AML) across 10 counties in Pennsylvania. These projects were selected for funding based on their potential to create long-term economic benefits in the coal communities in which they are located. The selected projects include five surface mine reclamation projects, three acid mine treatment projects, two water supply replacement projects, remediation of two coal refuse piles and an underground mine fire. These projects will result in estimated outcomes that include : more than 600 residential homes and businesses benefiting from upgraded or new water supply systems; hundreds of acres of reforestation and restoration of public lands; significant stream water quality improvements and restored fisheries; and increased tourism through public trail development and mining heritage preservation. The 14 pilot projects have the potential to leverage an additional $4 for every $1 of AML Pilot Program funding from other abandoned mine land and abandoned mine drainage funds and/or public and private economic development funds. Additional information can be found through the Pennsylvania Department of Environmental Protection at the following link: www .dep.pa.gov Prepared by the OSMRE Program Support Directorate March 28, 2017 15 Page 7 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000178 Map of preliminarily approved projects for the AML Pilot Program in Pennsylvania Ehrenfeld Coal Refuse Pile Reclamation Project Status: OSMRE final approval -ATP issued, Project commenced in July 2016 Location: Cambria County Requested AML Pilot Funding: $3.5 million Additional Funding: $22.5 million from traditional Title IV AMLfand s to address physical hazards and $575,000 from other sources AML Site Info: Priority 2 and Priority 3 unreclaimed Project Partners: Forest Hills Regional Alliance , Rosebud Mining Company, Pristine Resources Inc., Cambria County Conservation District , Stoney creek-Conemaugh River Improvement Project , Community Foundation for the Alleghenies , Office of Surface Mining , South Fork & Ehrenfeld Boroughs , Croyle Township, American Chestnut Foundation The AML Pilot funding will be used to complete reclamation of the 3 .2 million ton abandoned Ehrenfeld Coal Refuse Pile. The coal refuse material will be excavated, hauled away, blended with alkaline material, and disposed of. This will result in the elimination of severe on-site erosion, offsite sedimentation, and a source of acid mine drainage runoff. Approximately 62 acres of mine impacted land will be restored, providing developable land within the city limits of Ehrenfeld. Forty dislocated coal miners will be provided employment during project construction. Outdoor recreation is enhanced via convenient access to the Johnstown Flood Memorial Rails to Trails system . Prepared by the OSMRE Program Support Directorate March 28, 2017 16 Page 8 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000179 Excavator working at the Ehrenfeld Abandoned Mine Reclamation Project Photo Credit: U.S. Dept. of the Interior Airport Authority World Trade Center Business Park Status: OSMRE Final Approval - ATP issued, Project commenced in November 2016 Location: Allegheny County Requested AML Pilot Funding: $500,000 Additional Funding: $517,000 from traditional Title IV AML funds to address physical hazards and $31 million from other sources AML Site Info: Priority 2 and Priority 3 unreclaimed Project Partners: Pittsburgh International Airport, Allegheny County Airport Authority Prepared by the OSMRE Program Support Directorate March 28, 2017 17 Page 9 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000180 This project will reclaim more than 54 acres of abandoned mine land, including two dangerous highwalls . Economic benefits include the creation of the Pittsburgh International Airport World Trade Center, office space, research and development facilities, a 400-room hotel/convention center, and up to six corporate airplane hangars. The project is projected to employ more than 1,200 construction workers, create 7,000 direct and indirect permanent positions, and generate $250 million in private investment. Black Dog Hollow/Fredericktown Coal Refuse Pile Reclamation Proiect Status: OSMRE Final Approval - ATP issued Location: Washington County Requested AML Pilot Funding: $2 million Additional Funding: $3 million from traditional Title JV AML funds to address physical hazards AML Site Info: Priority 2 unreclaimed and previously reclaimed Project Partners: East Bethlehem Township, Hobo Ventures Inc. This project will complete reclamation of the abandoned Fredericktown Coal Refuse Pile which is located within 500 feet of 60 homes. The 45-acre coal refuse pile, which has steep, unstable slopes and severely eroded channels, will be regraded to create more stable slopes. It will also be compacted and capped with clean alkaline fill to allow for successful revegetation and recreational use as a public park. Portions of the site will be made available for future industrial development and plans are underway to establish a Recreational and Greenspace Public Park Development area to promote recreational use and tourism . Bowman's Shaft, Pioneer Tunnel Mine Headframe & Hoist Preservation Proiect Status: OSMRE Final Approval - ATP issued, Project commenced in December 2016 Location: Schuylkill County Requested AML Pilot Funding: $50,000 Additional Funding: $119,000 from traditional Title IV AMLfunds to address physical hazards AML Site Info: Priority 1, 2 and 3; unreclaimed and previously reclaimed Project Partners: Ashland Community Enterprises, SDL Construction, Keystone Anthracite This project will paint and erect a salvaged headframe and hoisting drum to exhibit at the Pioneer Tunnel Tourist Coal Mine and Museum in Ashland Borough, PA. The mining artifacts were recovered from the North Mahanoy Colliery, Park No. 1 Shaft in 2015. The exhibit will increase tourism and educate visitors about the heritage of anthracite mining. The museum will accommodate approximately 30,000 guests each season. Eckley/Hazleton Rail Trail/Hazel Creek Cleanup Status: OSMRE Final Approval-ATP issued, Project commenced in November 2016 Location: Luzerne County Requested AML Pilot Funding: $2 million Additional Funding: $800,000 from traditional Title IV AML funds to address physical hazards AML Site Info: Priority 2 and Priority 3 unreclaimed Project Partners: Greater Hazleton Partnership, Greater Hazleton Chamber, PA Dept. of Conservation and Natural Resources, PennDOT This project will reclaim a 70-acre abandoned surface mine with 2,500 linear feet of dangerous highwall. Additionally, it will reconstruct wetlands and 3,200 feet of stream . The project will Prepared by the OSMRE Program Support Directorate March 28, 2017 18 Page 10 ofl8 CEQ050FY18091_000001615 CEQ-18-0173-K-000181 facilitate an extension of the Greater Hazleton Rails to Trails system to connect with the Eckley Miner's Village Historic Park, and improve 7 miles of streams in Hazel Creek and Black Creek making them available for fishing and other recreational uses. This will increase tourism to the area, which currently has over 35,000 annual visitors, and create opportunities for more visitor attractions for fishing, hiking, and sightseeing. Based on the 7 miles of improved stream, the yearly economic benefit is estimated at $230,000. Green Mountain Discharge/ Audenreid Tunnel Discharge Status: Preliminary OSMRE approval Location: Schuylkill & Luzerne Counties Requested AML Pilot Funding: $2.5 million Additional Funding: $9.5 million from traditional Title IV AML funds to address physical hazards AML Site Info: Priority 2 previously reclaimed Project Partners: Community Area New Development Organization, Eastern Middle Anthracite Regional Recovery, Eastern Pennsylvania Coalition for Abandoned Mine Reclamation, Schuylkill County Conservation District, Catawissa Creek Restoration Association, Hazleton City Authority , Natural Land Trust, Butler Enterprises, Schuylkill/Columbia County Conservation Districts, Catawissa Creek Restoration Association, Hazelton Environmental, Schumacher Engineering This project will treat the mine water discharge from the Green Mountain Tunnel and improve the treatment of water from the Audenreid Tunnel. This will result in the restoration of24 miles of Catawissa Creek for recreation use, as well as deliver potable water to the Hazleton City Authority that will increase the available safe yield of the area's water supply. Additionally, geothermal energy will be recovered from the raw water for cooling and heating the water treatment buildings. Pine Grove North/Lawrence Township Waterline Extension Proiect Status: Preliminary OSMRE approval Location: Clearfield County Requested AML Pilot Funding: $2 million Additional Funding: $800,000 from traditional Title JV AML funds to address physical hazards AML Site Info: Priority 1 and Priority 2 unreclaimed Project Partners: Lawrence Township & Clearfield Municipal Authority This project will construct a 9-mile waterline extension to service 96 homes and businesses in Lawrence Township which currently have wells/water supplies that are impacted or degraded by former surface and underground coal mining operations. The waterline extension will provide potable water to a rural area and increase the potential for industrial development, new single family dwellings, and small businesses. Pittsburgh Botanic Garden Status: OSMRE Final Approval -ATP issued, Project commenced in February 2017 Location: Allegheny County Requested AML Pilot Funding: $500,000 Additional Funding: $216,040from traditional Title IV AMLfunds to address physical hazards AML Site Info: Priority 2 and Priority 3 unreclaimed and previously reclaimed Project Partners: Allegheny County, Pennsylvania Infrastructure Investment Authority, Office of Surface Mining , North Fayette Township, American Chestnut Foundation Prepared by the OSMRE Program Support Directorate March 28, 2017 19 Page 11 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000182 This project will address a dangerous highwall, mine subsidence and acid mine drainage while expanding the Pittsburgh Botanic Garden. When completed, the Pittsburgh Botanic Garden will include 18 distinct gardens, a visitor's center, an amphitheater for outdoor concerts and performances, and serve as a center for botanic research. It is expected to attract millions of visitors annually, estimated to create 1,200 jobs and as much as $88 million in revenue within 10 years of operation. Point Stadium Discharge, Mine Drainage Treatment & Mine Pool Geothermal Project Status: OSMRE Final Approval-ATP issued Location: Cambria County Requested AML Pilot Funding: $2 million Additional Funding: Undetermined financial support from project partners AML Site Info: Priority 3 unreclaimed Project Partners: Conemaugh Hospital, Foundation for PA Watersheds, Stoneycreek-Conemaugh River Improvement Project, Cambria County Conservation District, Pennsylvania Environmental Council, Lift Johnstown, Penelec Sustainable Energy Fund, eCap Network, City of Johnstown This project will improve two miles of stream impacted by acid mine drainage and treat or eliminate discharge from Point Stadium in downtown Johnstown. This project will either provide treatment of the discharge or use the treated water and/or the mine pool as an industrial water supply or as a geothermal energy source . Public facilities in Johnstown could use the geothermal energy to effectively reduce their heating and cooling costs. Powderly Creek NE Underground Mine Fire and Economic Development Project Status: OSMRE Final Approval - ATP issued, Project commenced in August 2016 Location: Lackawanna County Requested AML Pilot Funding: $2 million Additional Funding: $8 million from traditional Title IV AMLfunds to address physical hazards AML Site Info: Priority 1, 2 and 3 unreclaimed and previously reclaimed Project Partners: Landowner, Carbondale City, Carbondale Enterprise Development Zone This project will extinguish the Powderly Creek underground mine fire just outside Carbondale. Additional AML features adjacent to the mine fire area will be reclaimed in order to create conditions suitable for future commercial/industrial development. Air quality will improve with the extinguishment of the fire and a total of 108 acres of AML will be reclaimed. Once completed, over 100 acres of previously undevelopable land will be available for future use. The property is within two miles of two separate interchanges from Route 6 which is attractive for commercial or industrial facilities. There is also the potential for residential expansion to increase the tax base of Carbondale. The additional lands will allow for more athletic fields or parks to increase the quality of life in economically depressed communities . Prepared by the OSMRE Program Support Directorate March 28, 2017 20 Page 12 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000183 Powderly Mine Underground Fire Site - Photo Credit: Pennsylvania Department of Environmental Protection Spaces Corners South/Rayburn Township Waterline Extension Proiect Status: OSMRE Final Approval -ATP issued, Project commenced in October 2016 Location: Armstrong County Requested AML Pilot Funding: $640,000 AML Site Info: Priority 2 unreclaimed Project Partners: Rayburn Township Joint Municipal Authority , Pennsylvania Infrastructure Investment Authority The Rayburn Township Joint Municipal Authority will construct a 9-mile waterline to 160 residences, of which 118 have wells or water supplies impacted by abandoned mine land runoff. Project completion will stabilize the local tax base, and increase the potential for industrial and small business development and the construction of new single family homes. Sproul State Forest/Fran Contracting Surface Mine Restoration Project Status: OSMRE Final Approval - ATP issued Location: Clinton County Requested AML Pilot Funding: $3.5 million Additional Funding: $4 million from traditional Title IV AMLfunds to address physical hazards AML Site Info : Priority 3 unreclaimed Prepared by the OSMRE Program Support Directorate March 28, 2017 21 Page 13 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000184 Project Partners: Department of Conservation & Natural Resources, Kettle Creek Watershed Association, Trout Unlimited, East Keating & Noyes Townships , Western Clinton Sportsman Club, PA Fish & Boat, Bureau of Forestry (Sproul State Forest), American Chestnut Foundation This project will reclaim the Camp Run No. 2 AML site in Sproul State Forest and restore water quality in the Rock and Camp Run tributaries of Cooks Run. Acid forming materials will be excavated and removed or treated on site to neutralize acidity. The reclaimed site will be reforested to bring the land and water back to pre-mining conditions, allowing residents and visitors to hunt, fish, hike, sightsee, and use A TVs. Tamaqua City Revitalization and Improvement Zone Status: Preliminary OSMRE approval Location: Schuylkill County Requested AML Pilot Funding: $3. 6 million Additional Funding: Undetermined financial support from project partners AML Site Info: Priority 2 and Priority 3 unreclaimed and previously reclaimed Project Partners: City, County, PA Department of Community & Economic Development, PennDot, Schuylkill Headwaters, St. Luke's Hospital, Lehigh Anthracite/BET Associates, Tamaqua City Revitalization and Improvement Zone Authority, Tamaqua Area Community Partnership, Tamaqua Industrial Development Enterprises This project is proposed to remove AML refuse piles and re-grade approximately 19 acres for use as a riparian/park setting (including a part of a proposed rail-trail system). An existing haul road will be improved and will later become a segment of the planned Tamaqua Bypass to directly alleviate traffic congestion and improve access to the area, which will spur new economic growth. Future economic use of the area as part of a broad feasibility study includes a cancer treatment center, meeting and conference space, and geothermal infrastructure. Tresckow/Beaver Brook Surface Mine Restoration Proiect Status: OSMRE Final Approval -ATP issued Location: Carbon & Schuylkill Counties Requested AML Pilot Funding: $5 million Additional Funding: $7 million from traditional Title IV AML funds to address physical hazards AML Site Info: Priority 1, 2 and 3 unreclaimed and previously reclaimed Project Partners: Community Area New Development Organization, PennDot, Tresckow, Kline Twp Authority This project will backfill several strip pits using mine spoil materials obtained on-site to reclaim 298 acres for future industrial and commercial development. A dedicated access road will also be constructed to the McAdoo Industrial Park. The project will relocate and significantly upgrade a Kline Township Municipal Authority water line to provide enhanced and reliable water service to 400 residential customers in the village of Tresckow. Prepared by the OSMRE Program Support Directorate March 28, 2017 22 Page 14 ofl8 CEQ050FY18091_000001615 CEQ-18-0173-K-000185 West Virginia OSMRE has preliminarily approved a total of six projects from West Virginia for the AML Pilot Program. The six projects include two food production projects, two industrial park projects, and two water supply replacement projects. These projects will result in estimated outcomes that include: new or upgraded water supplies that serve more than 200 homes and businesses; the installation of 17.3 miles of new waterline and 1,500 linear feet of new infrastructure (e.g. utilities, roadways); the creation of over 2,400 new full-time jobs in the region; the construction of three new building pads for future businesses; and reforestation and restoration of public lands totaling 250 acres. Additional information can be found though the West Virginia Department of Environmental Protection at the following link: www.dep.wv .gov Several of these projects have been delayed in the wake of the catastrophic floods that devastated many communities in West Virginia in June of 2016. The 6 approved pilot projects have the potential to leverage an additional 0.50 cents for every $1 of AML Pilot Program funding from public and private economic development funds. West Virginia Pilot Projects l Aquaponicson AML 2 SullivanIndustrialPark 3 I-79 Technolo1Y Park Patriot Gardens Golden 4 Delicious Apple Project DanesePSDCrickmerRoad 5 Waterline Extension DanesePSDHighland Mountain Waterline 6 Extension Map of preliminarily approved projects for the AML Pilot Program in West Virginia Prepared by the OSMRE Program Support Directorate March 28, 2017 23 Page 15 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000186 Golden Delicious Apple Proiect (Patriot Gardens) Status: Preliminary OSMRE approval Location: Nicholas and Webster Counties Requested AML Pilot Funding: $5.3 million Additional Funding: $2.5 million from other sources AML Site Info: Priority 2 and Priority 3 unreclaimed Project Partners: West Virginia National Guard, Central Appalachia Empowerment Zone, USDA, Pardee Natural Resources, West Virginia State University Extension, ERP Compliant Fuels The Golden Delicious Apple Project is the most extensive project proposal in West Virginia approved for AML Pilot funding. The West Virginia National Guard will partner with multiple organizations to reintroduce the Golden Delicious Apple Tree to Nicholas and Webster Counties and set up a series of fruit tree orchards on abandoned mine lands to diversify the local economy. This project will plant and maintain approximately 97,000 trees and construct a 50,000 square feet processing and storage facility, commercial greenhouses, and a research station. Based on projects of this type in other states, it can be projected that approximately 550 full-time permanent jobs may be associated with the project when in full production. Aquaponics on an AML site Status: Preliminary OSMRE approval Location: Mingo County Requested AML Pilot Funding: $3.6 million Additional Funding: $25,000 in-kind, $75,000 local, and $120,000 from other Federal funds AML Site Info: Priority I, 2 and 3 unreclaimed Project Partners: Mingo County Redevelopment Authority, Coalfield Development (Refresh Appalachia and Rewire Appalachia.) The Mingo County Redevelopment Authority will partner with Refresh Appalachia to develop an advanced aquaponic systems. This system will produce commercial quantities of fish and vegetables while utilizing renewable energy and safe free mine water for facility power and temperature regulation. Jobs projected to be directly created include 13 full-time employees (primarily in food production and distribution jobs) and 80 temporary employees (e.g. construction jobs, solar technicians). Indirect benefits include serving 15 clients via university collaborations, educational outreach, and the potential to conduct business with over 1000 customers and 10 suppliers. Crickmer Waterline Extension Status: OSMRE Final Approval - ATP issued Location: Fayette County Requested AML Pilot Funding: $829,591 AML Site Info: Priority 2 unreclaimed Project Partners: ARC Region 4, Danese Public Service District, E.L. Robinson Engineering Co. The Danese Public Service District will provide water service to 23 customers by installing 4.3 miles of various waterlines because wells in the area have been impacted by pre-law mining practices. This project will provide clean water to homeowners which will help to stabilize the local tax base and improve property values. Prepared by the OSMRE Program Support Directorate March 28, 2017 24 Page 16 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000187 1-79 Technology Park Status: Preliminary OSMRE approval Location: Marion County Requested AML Pilot Funding: $4 million Additional Funding: $575,000 from the traditional AMLfunds to address the environmental hazards and an additional $12 million from private and public sources AML Site Info: Priority 1, 2 and 3 unreclaimed Project Partners: High Technology Foundation, NOAA, Marion County Commission, Triad Engineering, March-Westin Company, First Energy Corporation , Orange Construction, Zaya Group The Marion County Commission will extend the existing road infrastructure in the I-79 Technology Park. The road expansion will make industrial-sized building pads more accessible for use. The scope of the work will include engineering services, subsurface investigation and stabilization, earthwork, storm drainage construction, erosion and sediment control, paving, and extension of utilities. When completed, the project will have constructed 11 building pads and 10,000 linear feet of utilities (e.g. roadways, power lines) which will attract Federal anchors to the area. It is also projected to create 5,700 full-time, permanent jobs. Highland Mountain Waterline Extension Status: OSMRE Final Approval - ATP issued Location: Fayette County Requested AML Pilot Funding: $3.1 million AML Site Info: Priority 2 unreclaimed Project Partners: ARC Region 4, Danese Public Service District, E.L Robinson Engineering Co. The Danese Public Service District will install 13 miles of various waterlines, a pressurized tank, and an 88,000 gallon storage tank. This project will provide clean water to approximately 188 homeowners which will help to stabilize the local tax base and improve property values. Sullivan Industrial Park Status: Preliminary OSMRE approval Location: Raleigh County Requested AML Pilot Funding: $12 million Additional Funding: $50,000 from other sources AML Site Info: Priority 2 unreclaimed Project Partners: Beaver Coal Company, WV National Guard, Raleigh County Commission The Sullivan tract is a 230 acre AML site with two unreclaimed highwalls. In conjunction with the remediation and development of the site, an additional 10 acres will be donated to the West Virginia National Guard (WVNG) to create a flagship site for the Guard's Special Repair Program. This program currently employs dozens of workers that win projects from the Department of Defense to repair and maintain assets. The end use will be an industrial park in close proximity to 1-64 and I 77 that could attract industrial and defense related business to the area. It is projected the WVNG will create 250 full-time civilian jobs within 5 years of project completion . Prepared by the OSMRE Program Support Directorate March 28, 2017 25 Page 17 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000188 IV. Summary In the first year of the AML Pilot Program, OSMRE has seen interest from public and private stakeholders and funders to align and expand the scope of economic and community development projects in conjunction with AML Pilot investment. Each state AML program has been encouraged to collaborate with its respective state and local economic development authorities and local communities to identify and fund projects with the greatest potential for economic development. OSMRE has also encouraged states to work with local organizations engaged in comprehensive strategic community or regional development. Prepared by the OSMRE Program Support Directorate March 28, 2017 26 Page 18 of 18 CEQ050FY18091_000001615 CEQ-18-0173-K-000189 0 CONGRESSIONAL BUDGET OFFICE COST ESTIMATE October 6, 2017 H.R.1731 RECLAIM Act of 2017 As ordered reported by the House Committee on Natural Resources on June 2 7, 2017 SUMMARY H.R. 1731 would require the Secretary of the Interior to disburse $200 million a year through 2021 from the Abandoned Mine Reclamation fund to certain states and tribes. Those amounts would be in addition to amounts that will already be distributed from that fund to state and tribes under current law. The bill also would increase the minimum payment each eligible state would receive each year from $3 million to $5 million. CBO estimates that enacting H.R. 1731 would increase direct spending by $1.04 billion over the 2018-2027 period; therefore, pay-as-you-go procedures apply. Enacting the bill would not affect revenues. CBO also estimates it would cost $2 million over the 2018-2022 period to move the headquarters of the Appalachian Regional Commission (ARC), as directed in the bill. Such spending would be subject to the availability of appropriated funds. CBO estimates that enacting H.R. 1731 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. H.R. 1731 would impose no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments. ESTIMATED COST TO THE FEDERAL GOVERNMENT The estimated budgetary effect ofH.R. 1731 is shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment). 27 CEQ050FY18091_000001615 CEQ-18-0173-K-000190 B:):'.Fiscal Year, in Millions of Dollars 2018- 20182018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2022 2027 INCREASESIN DIRECTSPENDING 224 80 Estimated Budget Authority Estimated Outlays 224 156 224 200 224 224 24 168 24 92 24 48 24 24 24 24 24 24 0 0 0 920 1,040 828 1,040 INCREASESIN SPENDINGSUBJECTTO APPROPRIATION Estimated Authorization Level Estimated Outlays 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2 2 2 BASIS OF ESTIMATE For this estimate, CBO assumes that H.R. 1731 will be enacted near the beginning of fiscal year 2018 and that the necessary amounts will be appropriated that year. Estimated outlays are based on historical spending patterns for programs. Background The Surface Mining Control and Reclamation Act (SMCRA) of 1977 established the Abandoned Mine Lands (AML) program to reclaim abandoned coal mines throughout the United States. Under that act, coal producers were charged fees based on the amount of coal they produced each year. Those fees were deposited in the Abandoned Mine Reclamation Fund (or AML fund) and made available, subject to appropriation, to fund grants to states and tribes to perform reclamation activities. Because the annual amount of fees collected exceeded the amounts the Congress appropriated from the fund, unappropriated balances in the fund grew to more than $1.3 billion by 2007. The SMCRA Amendments Act of 2006 authorized the Secretary to continue to collect fees from coal producers through 2021 and allowed the Secretary to spend, without further appropriation, 80 percent of the fees collected each year plus amounts necessary to ensure a minimum annual payment to eligible states of $3 million. Any remaining funds were available, subject to appropriation, for the Office of Surface Mining, Reclamation, and Enforcement (OSMRE) to administer the AML program. Following enactment of the SMCRA Amendments Act, balances in the AML fund continued to accumulate as the full amounts allocated to states and tribes were not immediately spent and the amounts appropriated were less than the amounts available for that purpose. CBO estimates that the balance in the AML fund at the beginning of fiscal year 2018 will total $2.4 billion. Over the 2018-2027 period, we estimate that net spending from the 2 28 CEQ050FY18091_000001615 CEQ-18-0173-K-000191 fund, after accounting for fee deposits that will occur over the 2018-2021 period, will reduce that balance to about $1.4 billion by 2027; the remaining balances will be spent after 2027 under current law. In making those calculations, CBO did not include amounts appropriated from the fund to cover OSMRE's administrative costs because such spending would require future Congressional action. Direct Spending H.R. 1731 would direct the Secretary to disburse a total of $800 million through 2021 from the AML fund to states and tribes with abandoned coal mines within their jurisdictions. Those amounts would be in addition to payments that states and tribes will receive from the fund under current law. The bill also would increase the minimum annual payment that each eligible state would receive from $3 million to $5 million. Based on information regarding historical payments to states and tribes, and CBO's estimates of fee collections over the 2018-2021 period, CBO expects that 13 states would receive the new minimum payment, and we estimate that providing those payments would cost $240 million over the 2018-2027 period. Two of those states currently receive payments greater than $3 million. In total, CBO estimates that enacting H.R. 1731 would increase direct spending from the AML fund by $1.04 billion over the 2018-2027 period. Because those amounts will be spent under current law after 2027, CBO also estimates that enacting the bill would reduce direct spending by a similar amount in the years following 2027. Spending Subject to Appropriation H.R. 1731 would require the ARC to relocate its headquarters from the District of Columbia to somewhere in the Appalachian region. According to the ARC, moving the headquarters would require breaking the Commission's current lease and moving or reacquiring large pieces of office equipment. Based on an analysis of information from the ARC on the cost of those activities, CBO estimates that moving the ARC's headquarters would cost $2 million over the 2018-2022 period. PAY-AS-YOU-GO CONSIDERATIONS The Statutory Pay-As-You-Go Act of2010 establishes budget-reporting and enforcement procedures for legislation affecting direct spending or revenues. The net changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 3 29 CEQ050FY18091_000001615 CEQ-18-0173-K-000192 CBO Estimate of Pay-As-You-Go Effects for H.R.1731 as ordered reported by the House Committee on Natural Resources on June 27, 2017 By Fiscal Year, in Millions of Dollars 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 24 24 24 2018- 20182022 2027 NET INCREASEIN THE DEFICIT Statutory Pay-As-You-GoImpact 80 156 200 224 168 92 48 828 1,040 INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT H.R. 1731 contains no intergovernmental or private-sector mandates as defined in UMRA. The bill would benefit state, local, and tribal governments by authorizing federal funds for surface mining reclamation and environmental restoration projects. Any costs incurred by those entities would result from complying with conditions of federal assistance. ESTIMATE PREPARED BY: Federal Costs: Jeff Lafave Impact on State, Local, and Tribal Governments: Jon Sperl Impact on the Private Sector: Amy Petz ESTIMATE APPROVED BY: H. Samuel Papenfuss Deputy Assistant Director for Budget Analysis 4 30 CEQ050FY18091_000001615 CEQ-18-0173-K-000193 AML MANAGEMENT IS EQUALLY INEFFICIENT AND INEFFECTIVE The management of the AML program has resulted in squandering billions of tax dollars on projects and activities unrelated to the AML Fund's primary purpose of restoring historic abandoned coal mine sites. Proposals to Enable the Continued Diversion of AML Tax Dollars Fast Facts o The coal industry has paid more than $9.5 billion into the SMCRA AML Fund. Adding the interest earned on the coal company contributions brings the total receipts to almost $11 billon. 1 o Approximately $8.5 billion has been spent from the Fund. 1 Yet to date 45% of the distributed money has been spent on low priority and non-coa l projects rather than high priority (P1 & P2) sites. 2 o The admin istration of the AML Fund has left most of the high priority AML sites unaddressed with only $2.8 billion of the high priority (P1 & P2) and low priority (P3) abandoned coal mined lands reclaimed as of September 30, 2016 . 1 o The $5. 7 billion gap between spending and actua l reclamation of priority coal AMLs revea ls that only one of every three dollars has reached the priority remediation sites for which they were intended. 2 The AML fund has become a target for diverting coal industry taxes to purposes not intended under the law. The RECLAIM Act is the most recent proposal to divert tax dollars intended for environmental remediation to extraneous purposes better served by other existing federal programs. The RECLAIM Act would accelerate the diversion and misuse of AML tax dollars for economic diversification instead of focusing upon priority AML sites . The RECLAIM Act fails to fix a broken process that diverts more than half of AML tax dollars to non-high priority sites and inflated administrative expenses at enormous expense to the federal treasury. In effect, the RECLAIM Act continues the diversion of AML tax dollars ensuring the program never achieves its purpose while extending a tax intended to expire decades ago. The industry supports the goal of providing assistance for distressed coal communities, but the funding for such help should not come from AML, a program not designed for this purpose . $12 : ? $10 ? $8 Funds Disbursed to States Ir:! o ? $6 funds '-nded byOSMRE $4 ? Total Interest bmed $2 $0 ft., Collected by OSMRE to O? te + lnterat Earned lund1Nat Spent on Conlffucdan at Rad11m-atton ProJ&cts The National Mining Assoc iation 31 I nma.org CEQ050FY18091_000001615 CEQ-18-0173-K-000194 Structuraland AdministrativeImpedimentsto Success The AML Fund is financed by fees levied under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) per ton of domestically produced coal to finance restoration of land abandoned or inadequately restored by mining companies before August 3, 1977. The fee is $0.28/ton for surface-mined coal, $0.14/ton for underground-mined coal, and $0.08/ton for lignite. The fees have been extended eight times? and is scheduled to expire in 2021. ro, ( The original allocation formula for AML fund distributions was not aligned properly with the core purpose of the program. Only 20 percent of the funds were allocated to states based upon historic production (pre-1977) which is the best proxy for measuring the need in terms of high priority coal projects. The other 80 percent was split among three other accounts (state share based upon post-1977 production; federal operations; rural abandoned mine program). l:tl.Graphic by E&E Publishing. The structural mismatch between the source of AML fees and the need for high priority coal projects became apparent when more coal production shifted to the west. Over time large portions of the AML receipts originated and remained in states where fewer or no priority coal AMLs exist. Several of these structural flaws have been partially remedied through the 2006 amendments. But as the recent investigations by the Inspector General as well as AML program data reveal, loose administration and lack of discipline continue to plague the program with states' failure to adhere to the priorities, the continuation of set aside programs that divert money from the priorities, and the inability to deliver accurate or useful cost accounting for AML projects. 4 This is not only a financial gap for the program but a credibility gap for the program managers. Accounting for the $5.7 billion gap is difficult, if not impossible, from the information OSM makes publicly available. OSM admits that "there is no consistency" with respect to how these costs are accounted for. 2 NMA Position Congress should provide the AML program with the necessary oversight and reform to return it to the original purpose and bring it to a successful conclusion by 2021 . A plan should be developed now for the distribution of AML funds to non-certified states accompanied by firm conditions on their use for actual remediation of P1 and P1 coal AMLs. A plan designed to deliver the remaining AML funds received through 2021 should consider the following framework: o All AML funds would be distributed to uncertified states according to the historic production formula that serves as the best proxy for actual need in terms of high priority coal AMLs . The State and Federal share accounts would be eliminated. o Each state would be directed to account for AML funds they received and sequestered in state set-aside accounts and those funds, with the earned interest, deployed to P1 and P2 coal lands. o OSM administrative costs would be reduced and capped to align with a more limited federal role of collecting the AML fees and distributing them under the simplified historic production formula. 1 2 3 4 AML Reclamation Accomplishments . DOI Budget Juslificalions FY 2018. OSMRE. (Appendix p. 155). U.S. House. Committee on Natural Resources Subcom1T11ttee on Energy and Mineral Resources. OversightHearingon the OSMRE'sAbandoned Mine Lands Program. June 7. 2017. U.S. House Committee on Appropriations Interior Subcoml!llttee. Departmentof the Interior FY18 Budget Hearing. June 8 2017. DOI Inspector General. OSMRE Oversight of Abandoned Mine Lands Program(Rep. No. 2016-EAU-007. March 2017). The National Mining Association 32 I nma.org CEQ050FY18091_000001615 CEQ-18-0173-K-000195 Project Design $1.020 billion Construction $3.483 billion 63% 19% Administrative Costs $438million 8% Add Mine Drainage $297million 5% Undelivered Orders $262million 5% 33 CEQ050FY18091_000001615 CEQ-18-0173-K-000196 34 Responses to NMA Letter on the RECLAIM Act "The coal industry has paid more than $10 billion in AML fees, but the Department of the Interior's Office of Surface Mining (OSM) reports that only $2.8 billion in priority abandoned coal mined lands have been reclaimed." o NMA's accounting figures are generated from eAMLIS which has been critiqued as a flawed accounting system that was not designed for management. The underling information contained in eAMLIS is unreliable. o $10.9 billion has accrued in the AML fund, including interest: o $8.5 has been appropriated o $5.5 billion for reclamation work completed by States and Tribes o $1 .4 billion for UMW A Health Care Plans o $1.6 for Federal administrative, oversight, emergency project, and Federally managed project expenses o $2.4 billion balance remains unappropriated o According to OSMRE, States and Tribes have expended $3.483 billion on construction, $1.02 billion on project design, $438 million on administrative costs, $297 million on acid mine drainage and $262 million in undelivered orders. This represents a total of $5.5 billion in spending on the necessary construction and non-construction aspects of reclamation projects. o Of the $5.5 billion spent on reclamation projects, approximately $80.5 million has been expended on Priority 3 sites, according to OSMRE. o $2.4 billion remains in the fund's unappropriated balance. The RECLAIM Act ensures that $1 billion of the unappropriated balance is used for reclamation work in the near term. "Additional AML funds would be automatically provided to states without any demonstration that they can be deployed in the near term for actual reclamation on the ground." o Federal regulations (30 CFR 886.16(d)) require that States and Tribes receive Authorization to Proceed (ATP) from OSMRE before proceeding on any individual reclamation project. Through the ATP process, OSMRE ensures that each proposed project complies with SMCRA, NEPA and all other applicable laws and permitting requirements. One requirement of this process is that the State enter the AML site in question into the e-AMLIS database and explain why this project is eligible for AML funds. OSMRE must approve all aspects of the ATP request before a State or Tribe can continue with a project. o The ATP process will apply to all reclamation projects executed under the RECLAIM Act, just as it does for AML Pilot Program projects. This will ensure proper oversight of all project applications submitted under the RECLAIM Act and that each and every dollar approved will be used to reclaim abandoned coal mining sites. "The bill allows for the diversion-at least 30 percent-of more coal industry's AML fees to lower priorities." o Acid mine drainage from abandoned mine lands contaminates waterways and poses significant environmental problems in several coal producing States. 35 CEQ050FY18091_000001615 CEQ-18-0173-K-000198 o Uncertified States are already authorized to set aside 30% of their State or Tribal Share and Historical Coal Share distributions for acid mine drainage (AMD) abatement work. In keeping with this established practice, the RECLAIM Act allows States to use up to 30% of funds for acid mine drainage cleanup. "The bill provides states "bonus payments" for merely "committing" previously received funds even if they have not been expended to accomplish any reclamation." o The RECLAIM Act establishes a 5 year program and begins distributing funds to States for reclamation purposes in the first year of the program. After 3 years, if a State has not used the funds provided to them under the bill, those funds can be redistributed by the Secretary to States that have used or committed all of their available funding to specific reclamation projects. o No other sources of funds will be authorized to generate these "bonus payments." o This reallocation process encourages States to utilize their funding in a timely manner and promotes efficiency within the program. It ensures that States cannot simply sit on this funding for the duration of the program or seek to use it for some other purpose thereafter. o The bill defines "committed" funding as funding that has been expended by the States or Tribe for reclamation projects or exclusively reserved for a specific project. This ensures that States will not lose funding reserved for a project that is still going through the approval process. "The bill adds more red tape and costs for projects by imposing additional consultations, evaluations, formulas and criteria." o Reclamation projects executed under the RECLAIM Act will be completed in accordance with existing requirements under SMCRA. However, the RECLAIM Act encourages States and Tribes to be forward thinking about Priority 1, 2, and 3 reclamation projects and plan for future use of the sites they choose to reclaim. States will not be held responsible for projected economic impacts, but a stated plan for purposeful reuse of the site is required. A State can also request to waive out of the economic development planning requirements if economic development is not feasible for a particular project site. o The bill allows States to request a consultation with the Secretary if a proposed project has been deemed ineligible for funds under the RECLAIM Act. This 45 day period of allow a State to work collaboratively with the Department to refine their consultation proposal to ensure eligibility, if they so choose. will "There is no commensurate assurance they will be promptly deployed for actual reclamation of priority coal AML sites will promote anything apart from transferring the surplus of coal industry AML fees from the federal treasury to the state treasuries." o The RECLAIM Act maintains the priority system established in SMCRA, but encourages States to be forward thinking about how these sites fit into their strategies for local job creation. o Funds can only expended on the reclamation of Priority 1, 2 and 3 sites, acid mine drainage abatement and limited project planning and administrative activities. If a State 36 CEQ050FY18091_000001615 CEQ-18-0173-K-000199 o o expends any funds on economic development or other purposes not authorized in the bill, that State will no longer be eligible for funds under the RECLAIM Act. As stated above, States and Tribes must obtain approval from OSMRE before executing a project, and establishing AML program eligibility is a key aspect of the approval process. Prompt deployment of funds is ensured by the reallocation process described above. "When it comes to leveraging AML reclaimed sites into economic development opportunities, almost half a million acres of reclaimed AML sites along with more than 2.5 million acres of reclaimed post-SMCRA mines already exist that can serve that purpose," and "... dozens of federal and state agency programs are tasked already with the mission of promoting economic development and diversification activities in these communities." o Coal communities are struggling to rebuild after experiencing staggering job losses in recent years. Oftentimes, AML sites stand in the way of these communities' economic development goals. o Reclamation projects executed under the RECLAIM Act could make it possible for a community to create jobs by establishing new manufacturing facilities, building hiking trails or laying water or sewer lines. o The need for an investment in coal country is critical and the RECLAIM Act offers these struggling communities an opportunity for job creation in the near and long term. 37 CEQ050FY18091_000001615 CEQ-18-0173-K-000200 38 RE: Infrastructure From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9 -he"> To: "Bel l, Megan (O'Donnell)" Date: Mon, 29 Jan 2018 12:58: 11 -0500 Thanks Megan, This is very helpful. I will circle back soon. We are putting finishing touches on our more general infra principles package and will look forward to working with you on this one as we coordinate with Hill moving foward Alex From: Bell, Megan (O'Donnell) [mailto:megan.bel l@mail.house.gov] Sent: Friday, January 26, 2018 10:26 AM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Infrastructure Alex- here is the information I provided to DOI when briefing them on the legislation. Included in this packet: - Dear Colleague from Chairman Rogers - list of cosponsors when the bill was reported out of committee - Section by Section Summary - For the past two fiscal years, Congress has authorized discretionary funding to pilot this concept of reclamation for economic development. The DOI report on the effectiveness of FY16 funding is included. I highlighted the important sections on job creation. - CBO Score (Note: we are working with Chairman Brady's staff on W&M on an offset) - NMA Concerns with the AML fund (so you don't think I am pulling wool over your eyes) - Our rebuttal to NMA's concerns with RECLAIM I understand that's a huge information dump, but the important sections of each document are highlighted for your convenience. I can walk you through everything when we talk- but the long and the short is this: The pilot at OSMRE has proved the concept: the reclamation of abandoned mine lands creates longterm job growth. RECLAIM has bipartisan support and passed out of Committee by voice vote. These aren't taxpayer dollars we're using. Leader McConnell is the lead champion in the Senate. Apologies again for the information dump, but I know your time is limited and I want to make the best use of it. Thanks again for the consideration, and whenever you have a few minutes to chat, is great with me. 1 CEQ050FY18091 _ 000000701 CEQ-18-0173-K-000202 Thanks so much, Megan From: Bell, Megan(O'Donnell) Sent: Thursday,January25, 20184:13 PM To: Herrgott,Alex H. EOP/CEQ Subject: Re: Infrastructure I'm darting between a couple of meetings currently. So sorry! If you have any openings tomorrow, I'll happily take one. If of interest, I can shoot you the info I shared with DOI, so you can glance over it ahead of time. sent from my iPhone wrote: On Jan 25, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEQ I am available now From:Bell, Megan (O'Donnell} [mailto:megan.bell@mail.house.gov ) Sent:Thursday, January 25, 2018 2:46 PM To: Herrgott, Alex H. EOP/CEQ Canfield, Ryan N. EOP/WHO Subject:RE: Infrastructure Alex, thank you very much for the rep ly. It is a pleasure to make your (virtual) acquaintance . Would you have some time in the next week or two to connect about Chairman Rogers' legislation, the RECLAIMAct? It's a bipartisan bi ll that passed out of HNR last year - aimed at giving the coal country economy a shot in the arm . I'm happy to come to you or discuss via phone if you 're available. Thanks very much for the consideration . My best, Megan (I thought I had sent th is to you earlier this week, only to find it stuck in my outbox. Sorry to make you fo llow up with me when I'm the one who asked for help!) From: Herrgott, Alex H. EOP/CEQmailto Sent: Thursday,January25, 2018 2:38 P To: canfield, RyanN. EOP/WHO;Bell, Megan{O'Donnell) Subject:RE:Infrastructure Megan , How can I be of assistance? 2 CEQ050FY18091_000000701 CEQ-18-0173-K-000203 Thanks Alex From: Canfield, Ryan N. EOP/WHO Sent: Tuesday, January 23, 2018 11:42 AM To: Herrgott, Alex H. EOP/CEQ Bell, Megan (O'Donnell} Subject: Infrastructure Megan, Thank you for reaching out regarding the land revitalization portion of our infrastructure outline. I've copied Alex Herrgott on this email who would be your best point of contact to discuss the RECLAIM Act with. let me know if you need anything else! Thank you, Ryan Ryan N. Canfield SpecialAssistantto the President WhiteHouseOfficeof LegislativeAffairs 3 CEQ050FY18091_000000701 CEQ-18-0173-K-000204 RE: Infrastructure From: "Bell, Megan (O'Donnell)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 29 Jan 2018 12:59:44 -0500 Great, thanks for taking a look! I assumed that SOTU wou ld be keeping you all busy, so I will just hang tight until you've got a few extra minutes to breathe. Have a wonderfu l day. My best, Megan From : Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday,January 29, 2018 12:58 PM To: Bell, Megan (O'Donnell) Subject: RE: Infrastructure Thanks Megan, This is very helpful. I w ill circle back soon . We are putting finishing touches on our more general infra principles package and will look forward to working with you on this one as we coordinate with Hill moving foward Alex From: Bell, Megan (O'Donnell) [mailto:megan .bell@mail.house .gov] Sent: Friday, January 26, 2018 10:26 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Infrastructure Alex- here is the information I provided to DOI when briefing them on the legislation. Included in this packet: - Dear Colleague from Chairman Rogers - List of cosponsors when the bill was reported out of comm ittee - Section by Section Summary - For the past two fiscal years, Congress has authorized discretionary fund ing to pilot this concept of reclamation for economic deve lopment. The DOI report on the effectiveness of FY16 funding is included. I highlighted the important sections on job creation. - CBO Score (Note: we are working with Chairman Brady's staff on W&M on an offset) - NMA Concerns with the AML fund (so you don't think I am pulling wool over your eyes) - Our rebutta l to NMA's concerns with RECLAIM 1 CEQ050FY 18091_000002810 CEQ-18-0173-K-000205 I understand that's a huge information dump , but the important sections of each document are highlighted for your convenience. I can walk you through everything when we talk - but the long and the short is this : The pilot at OSMRE has proved the concept: the reclamation of abandoned m ine lands creates longterm job growth . RECLAIMhas bipartisan support and passed out of Committee by voice vote . These aren't taxpayer dollars we're using. Leader McConnell is the lead champion in the Senate. Apologies again for the information dump , but I know your time is limited and I want to make the best use of it . Thanks again for the consideration , and whenever you have a few m inutes to chat , is great with me. Thanks so much, Megan From:Bell, Megan(O'Donnell) Sent: Thursday,January25, 2018 4:13 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re:Infrastructure I'm darting between a couple of meetings currently. So sorry! If you have any openings tomorrow, I'll happily take one. If of interest, I can shoot you the info I shared with DOI, so you can glance over it ahead of time. Sent from my iPhone wrote: On Jan 25, 2018, at 3:52 PM, Herrgott, Alex H. EOP/CEO. I am available now From:Bell, Megan (O'Donnell} [mailto:megan.bell@mail.house.gov ] Sent Thursday, January 25, 2018 2:46 PM To: Herrgott, Alex H. EOP/CEQ< Canfield, Ryan N. EOP/WHO Subject:RE: Infrastructure Alex, thank you very much for the reply. It is a pleasure to make your (virtual) acquaintance. Would you have some time in the next week or two to connect about Chairman Rogers' legislation, the RECLAIMAct? It's a bipartisan bill that passed out of HNR last year - aimed at giving the coal country economy a shot in the arm . I'm happy to come to you or discuss via phone if you 're available. Thanks very much for the consideration . My best, Megan 2 CEQ050FY18091_000002810 CEQ-18-0173-K-000206 (I thought I had sent this to you earlier this week, only to find it stuck in my outbox. Sorry to make you follow up with me when I'm the one who asked for help!) From: Herrgott, Alex H. EOP/CEQmailto Sent: Thursday,January 25, 2018 2:38 PM To: Canfield, Ryan N. EOP/WHO;Bell, Megan (O'Donnell) Subject: RE: Infrastructure Megan, How can I be of assistance? Thanks Alex From:Canfield, Ryan N. EOP/WHO Sent: Tuesday, January 23, 2018 11:42 AM To: Herrgott, Alex H. EOP/CEQ< Subject:Infrastructure Bell, Megan (O'Donnell) Megan, Thank you for reaching out regarding the land revitalization portion of our infrastructure outline. I've copied Alex Herrgott on this email who would be your best point of contact to discuss the RECLAIM Act with . Let me know if you need anything else! Thank you, Ryan Ryan N. Canfield Special Assistantto the President White House Office of LegislativeAffairs 3 CEQ050FY18091_000002810 CEQ-18-0173-K-000207 Re: meeting? 1 From "Herrgott, Alex H. EOP/CEQ" <"/o==exchangeorganization/ou=exchange administrative group (fydibohf23spdlt )/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Neely, Amanda (HSGAC)" Cc: "Bond, Patrick (McCaskill)" Date: Fri, 09 Feb 2018 19:06:35 -0500 Sure. We are rolling bill out Monday. Can we talk after. It's all hands on deck Sent from my iPhonc On Feb 9, 2018. at 6:32 PM. Neely , Amanda (HSGAC ) u.,rote: Hi Alex , Circlin g back on this request. Th ank you! Amanda Amanda H. Neely General Counsel to Senator Rob Portman Deputy Chief Counsel, PermanentSubcommitteeon Investigations United States Senate manda Neel HSGAC.Senate.Gov From: Neely,Amanda (HSGAC) Sent: Wednesday,January 24, 2018 12:10 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Bond, Patrick (McCaskill) Subject: meeting? Alex , Could Pat Bond and I set up a meeting to talk with you about how to incorporate various slreamlining programs inlo one uniform program? Thanks! Amanda Amanda H. Neely General Counsel to Senator Rob Portman Deputy Chief Counsel, PermanentSubcommitteeon Investigations United States Senate I Amanda Neely@HSGAC.Senate.Gov 1 CEQ050FY18091_000000613 CEQ-18-0173-K-000208 RE: meeting? 1 From: "Neely, Amanda (HSGAC)" To: "Herrgott, Alex H. EOP/CEQ" Cc : "Bond, Patrick (McCaskill)" Date: Fri, 09 Feb 2018 18:32:13 -0500 Hi Alex, Circling back on this request. Thank you! Amanda Amanda H. Neely General Counsel to Senator Rob Portman Deputy Chief Counsel, PermanentSubcommitteeon Investigations United States Senate Amanda_Neely@HSGAC.Senate.Gov From: Neely, Amanda (HSGAC) Sent: Wednesday,January 24, 2018 12:10 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Bond, Patrick (McCaskill) Subject: meeting? Alex, Could Pat Bond and I set up a meeting to talk with you about how to incorporate various streamlining programs into one uniform program? Thanks! Amanda Amanda H. N eely General Counsel to Senator Rob Portman Deputy Chief Counsel, PermanentSubcommitteeon Investigations United States Senate Amanda Neely@HSGAC.Senate.Gov 1 CEQ050FY18091_000002293 CEQ-18-0173-K-000209 RE: meeting? 1 From: "Neely, Amanda (HSGAC)" To: "Herrgott, Alex H. EOP/CEQ" Cc: "Bond, Patrick (McCaskill)" Date: Sat, 10 Feb 2018 16:14:09 -0500 Sure. My Wednesday is wide open if y'all have time then. Thanks! Amanda H. Neely General Counselto SenatorRob Portman Deputy Chief Counsel,PermanentSubcommitteeon Investigations United StaresSenate Amanda_Neely@HSGAC.Senate.Gov From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Friday, February09, 2018 7:07 PM To: Neely, Amanda(HSGAC) Cc: Bond, Patrick (McCaskill) Subject: Re: meeting? Sure. We are rolling bill out Monday. Can we talk aher. It's all hands on deck Sent from my iPhone On Feb 9, 2018, at 6:32 PM, Neely, Amanda (HSGAC) wrote: Hi Alex, Circling back on this request. Thank you ! Amanda Amanda H. Neely Genera l Counsel to Senator Rob Portma n Deputy Chief Counsel, Pennanent Subcommitteeon Investigations United StatesSenate Amanda Neely@HSGAC.Senate.Gov From: Neely,Amanda (HSGAC) Sent: Wednesday,January 24, 2018 12:10 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Bond, Patrick (McCaskill) Subject: meeting? Alex, Could Pat Bond and I set up a meeting to talk with you about how to incorporate various streamlining programs into one un iform program? Thanks! Amanda 1 CEQ050FY18091_000001592 CEQ-18-0173-K-000210 Amanda H. Neely GeneralCounsel to Senator Rob Portman Deputy Chief Counsel,Pennanent Subcommitteeon Investigations United States Senate Amanda Neely@HSGAC.Senate.Gov 2 CEQ050FY18091_000001592 CEQ-18-0173-K-000211 RE: meeting? 1 From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fyd iboh f23 spd It}/cn=reci pients/cn =456561 07f8dc4dc 18bb681 d 14e44c8e9-he"> To: "Bond, Patrick (McCaskill}" ,"Neely, Amanda (HSGAC)" Date: Mon, 12 Feb 2018 10:23:58 -0500 We can come to you on Wednesday afternoon. How about 3pm? I would like to bring my team and some permitting council folks. From: Bond, Patrick (McCaskill) [mailto:Patrick_Bond@mccaskill.scnatc.gov] Sent: Monday, February 12, 2018 9:42 AM To: Neely, Amanda (HSGAC) ; Herrgott, Alex H. EOP/CEQ Subject: RE: meeting ? Mine too . Alex just let us know what works for you . From: Neely, Amanda (HSGAC) Sent: Saturday, February 10, 2018 4:14 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Bond, Patrick {McCaskill) Subject: RE: meeting? Sure. My Wednesday is wide open if y'all have time then . Thanks! Amanda H. Neely General Counsel to SenatorRob Portman Deputy Chief Counsel, Pennanent Subcommitteeon Investigations United States Senate Amanda Neely@HSGAC.Senate .Gov From: Herrgott, Alex H. EOP/CEQ mailto Sent: Friday, February09, 2018 7:07 PM To: Neely, Amanda (HSGAC) Cc: Bond, Patrick (McCaskill) Subject: Re: meeting? Sure. We are rolling bill out Monday. Can we talk after. It's all hands on deck Sent from my iPhone On Feb 9, 2018, at 6:32 PM, Neely, Amanda (HSGAC} wrote: Hi Alex , 1 CEQ050F Y 180 9 1_00000 0607 CEQ-18-0173-K-000212 Circl ing back on this request. Thank you ! Amanda Amanda H. Neely GeneralCounsel to SenatorRob Portman Deputy Chief Counsel,PermanentSubcommitteeon Investigations United States Senate manda Neel SGAC.Senate.Gov From: Neely,Amanda (HSGAC) Sent: Wednesday,January 24, 2018 12:10 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Bond, Patrick (McCaskill) Subject: meeting? Alex, Could Pat Bond and I set up a meeting to talk with you about how to incorporate various streamlinin g pro grams into one un iform pro gram? Thanks! Amanda Amanda H. Neely GeneralCounsel to SenatorRob Portman Deputy Chief Counsel,PermanentSubcommitteeon Investigations United States Senate Amanda Neely@HSGAC.Senate. Gov 2 CEQ050FY18091_000000607 CEQ-18-0173-K-000213 RE: meeting? 1 From "Bond, Patrick (McCaskill)" To: "Herrgott, Alex H. EOP/CEQ" (HSGAC)" Date: Mon, 12 Feb 2018 10:35:08 -0500 Neely , Amanda That works for me. Amanda do you have a conference room? From: Herrgott, Alex H. EOP/CEQ[mailt Sent: Monday, February 12, 2018 10:24 AM To: Bond, Patrick (McCaskill) ; Subject: RE: meeting? We can come to you on Wednesday afternoon . Neely, Amanda (HSGAC) How about 3pm? I would like to bring my team and some permitting council folks . From: Bond, Patrick (McCaskill) fmailto:Patrick Sent : Monday, February 12, 2018 9:42 AM Bond@mccaskill.senate.gov ] To: Neely , Amanda (HSGAC); Herrgott, Alex H. EOP/CEQ Subject: RE: meeting? Mine too. Alex just let us know what works for you . From: Neely, Amanda (HSGAC) Sent: Saturday, February 10, 2018 4:14 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc: Bond, Patrick (McCaskill) Subject: RE: meeting? Sure. My Wednesday is wide open if y'all have time then. Thanks! Amanda H. Neely GeneralCounselto SenatorRob Portman DeputyChiefCounsel, PennanenlSubcommitteeon Investigations United States Senate / Amanda Neely@HSGAC .Senate .Gov From: Herrgott, Alex H. EOP/CEQmailt Sent: Friday, February09, 2018 7:07 PM To: Neely,Amanda (HSGAC) 1 CEQ050FY 18091 _ 000001584 CEQ-18-0173-K-000214 Cc: Bond, Patrick (McCaskill) Subject: Re: meeting? Sure. We are rolling bill out Monday. Can we talk after. It's all hands on deck Sent from my iPhone On Feb 9, 2018, at 6:32 PM, Neely, Amanda (HSGAC) wrote: Hi A lex, Circl ing back on this request. Thank you ! Am anda Amanda H. Neely General Cotmsel to Senator Rob Portman Deputy Chief Counsel,Pennanent Subcommitteeon Investigations Amanda Neely@HSGAC.Senate.Gov From: Neely,Amanda (HSGAC) Sent: Wednesday,January24, 2018 12:10 PM To : 'Herrgott, Alex H. EOP/CEQ' Cc: Bond, Patrick (McCaskill) Subject: meeting? A lex, Could Pat Bond and I set up a meeting to talk with you about how to incorporate various streamlinin g pro grams into one un iform pro gram? Thanks! Amanda Amanda R. Neely GeneralCounsel to SenatorRob Portman Deputy Chief Counsel,Pennanent Subconnnilleeon Investigations United States Senate Amanda Neely@HSGAC.Senate.Gov 2 CEQ050FY 18091 _ 000001584 CEQ-18-0173-K-000215 Re: meeting? From: "Neely, Amanda (HSGAC)" To: "Bond, Patrick (McCaskill)" Cc: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 12 Feb 2018 10:59:07 -0500 Yes. 199Russell. Thanks! Sent from my iPhonc On Feb 12, 2018, at 10:'.'5AM, Bond. Patrick(McCaskill) wrote: That works for me. Amanda do you have a conference room? From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Monday, February 12, 2018 10:24 AM To: Bond, Patrick (McCaskill) ; Neely, Amanda (HSGAC} Subject:RE: meeting? We can come to you on Wednesday afternoon . How about 3pm? I would like to bring my team and some permitting council folks . From: Bond, Patrick (McCaskill) [mailto:Patrick Bond@mccaskill.senate .gov] Sent: Monday, February 12, 2018 9:42 AM To: Neely, Amanda (HSGAC); Herrgott, Alex H. EOP/CEQ Subject:RE: meeting? Mine too. Alex just let us know what works for you . From: Neely, Amanda (HSGAC) Sent: Saturday, February 10, 2018 4:14 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Bond, Patrick (McCaskill) Subject: RE: meeting? Sure. My Wednesday is wide open if y'all have time then. Thanks! Amanda H. Neely General Counsel to Senator Rob Portman Deputy Chief Counsel, Pennanent Subcommitteeon Investigations United States Senate 1 CEQ050FY18091_0000031 CEQ-18-0173-K-000216 11 Amanda Neely@HSGAC.Senate.Gov From: Herrgott, Alex H. EOP/CEQmailt Sent: Friday,February09, 2018 7:07 PM To: Neely,Amanda (HSGAC) Cc: Bond, Patrick(McCaskill) Subject : Re: meeting? Sure. We are rolling bill out Monday. Can we talk after. It's all hands on deck Sent from my iPhone On Feb 9, 2018, at 6:32 PM, Neely, Amanda (HSGAC) wrote: Hi Alex, Circling back on this request. Thank you! Amanda Amanda H. Neely General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcommitteeon Investigations United States Senate Amanda Neely@HSGAC.Senate.Gov From: Neely,Amanda(HSGAC) Sent: Wednesday,January24, 2018 12:10 PM To: 'Herrgott,AlexH. EOP/CEQ' Cc: Bond, Patrick(McCaskill) Subject: meeting? Alex , Could Pat Bond and I set up a meeting to talk with you about how to incorporate various streamlining programs into one uniform program? Thanks! Amanda Amanda H. Neely General Counsel to Senator Rob Portman Deputy Chief Counsel, PermanentSubcommitteeon Investigations United States Senate Amanda Neely@BSGAC.Senate.Gov 2 CEQ050FY18091_000003111 CEQ-18-0173-K-000217 RE: meeting? 1 From "Bond, Patrick (McCaskill)" To: "Neely, Amanda (HSGAC)" , "Herrgo1t, Alex H. Mine too . Alex just let us know what works for you . From: Neely, Amanda (HSGAC) Sent: Saturday, February 10, 2018 4:14 PM To: 'Herrgott, Alex H. EOP/CEQ' Cc:Bond, Patrick (McCaskill) Subject:RE: meeting? Sure. My Wednesday is wide open if y 'all have time then . Thanks! Amanda H. Neely GeneralCounsel to SenatorRob Portman Deputy Chief Counsel,PermanentSubcommitteeon Investigations United States Senate Amanda Neely@HSGAC.Senate.Gov From: Herrgott,Alex H. EOP/CEQmailto Sent : Friday, February09, 2018 7:07 PM To: Neely, Amanda (HSGAC) Cc: Bond, Patrick (McCaskill) Subject: Re: rneeting? Sure. We are rolling bill out Monday. Can we talk after. It's all hands on de.ck Sent from my iPhone On Feb 9, 2018, at 6:32 PM, Neely, Amanda (HSGAC) wrote: Hi A lex, Circl ing back on this request. Thank you! Amanda Amanda H. Neely General Counsel to SenatorRob Portman Deputy Chief Counsel,Pennanent Subcommitteeon Investigations United States Senate Amanda Neely@HSGAC.Senate.Go v From: Neely, Amanda (HSGAC) Sent: Wednesday,January 24! 2018 12:10 PM 1 CEQ050FY18091_000003113 CEQ-18-0173-K-000218 To: 'Herrgott, Alex H. EOP/CEQ' Cc: Bond, Patrick (McCaskill) Subject: meeting? Alex, Could Pat Bond and I set up a meeting to talk with you about how to incorporate various streamlining progra ms into one un iform progra m? Thanks! Amanda Amanda H. Neely GeneralCounsel to SenatorRob Portman Deputy Chief Counsel, PermanentSubcommitteeon Investigations United States Senate Amanda Neely@HSGAC.Senate.Gov 2 CEQ050FY18091_000003113 CEQ-18-0173-K-000219 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 July 30, 2019 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 12 Dear Mr. Evers: This letter is the twelfth production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this twelfth production, we have processed an additional 200 records and identified 42 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 94 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted email addresses and phone numbers. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. A v1 I( PVERSIGHT Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 A v1 )I( /\ PVERSIGHT RE: FW: From : "Fuchs , Patrick (Commerce)" To: "Herrgott , Alex H. EOP/CEQ" (b) (6) Date : Thu, 11 May 2017 12:09:35 -0400 Quick 15 minute take (happy to discuss more): The first two would cause a mel t down of nearly every shipper group in the country - chemical/oil, ag, coal, etc. It would effectively end the revenue adequacy proceeding. It is worth not ing that the revenue adequacy standard has never actually been used to regulate rates, so railroads are trying to address a future regulatory risk. (Note: If you use replacement costs, then railroads are extremely unlikely to be revenue adequate , so the standard can likely never be used a regulatory tool). Considering railroads charge between $20 and $30 billion to capital accounts (per AAR materials), the third one could cost somewhere in the neighborhood of $5 to $10 billion , and I am not sure how much new investment you would be getting (r elative to the cost). We already have the 45G tax credit for short line railroads, so this would be focused on multi-billion dollar companies with robust capital portfolios and good access to credit markets. The fourth one is not too objectionable, but of course it is a bit strange to differentiate from hard infrastructure . I am no expert on the general R&D tax credit, and its fate in the tax reform debate , so I am not sure how this would interplay or sync up. --The fifth one is intere sting . I am not sure how they are defining P3 for rail pro j ect s, but it strikes me that this could be achieved with targeted revisions to the PABs program (unless they have something more grand in mind). -- My boss supports making the 45G tax credit permanent . Note that some Senators, including folks that have supported 45G in the past, are nervous about making tax credits permanent on the precipice of tax reform. -- On the last one, the rail programs , particularly CRISI, prioritize projects that have the highest benefit , and oftentimes that includes both passenger and freight. That said, considering SD has only fre ight, I am sure we wou ld not be too worried about an additional nod toward freight. But I am not sure how much that gets you in terms of leveraging or infrastructure improvement. Thanks. Best, Patrick Patrick FuchsI (b) (6) AMERICA!\ pVERSIGHT CEQ050FY18091 _000002626 CEQ-18-0173-L-000001 From: Her rgott, Alex H. EOP/CEQ [mailto (b) (6) Sent : Thursday , May 11, 2017 11:53 AM To: Fuchs, Patrick (Commerce) Subject : FW: FW: Can you real ity check t hese fo r me? From: Jeffer ies, Ian [mai 1to :iiefferies@aar .org 1 Sent : Thursday , May 11, 2017 11 :39 AM To: Herrgott, Alex H. EOP/CEQ(b) (6) Subject: RE: FW: Look ing for some t hing like th is? Require replacement cost of assets to be used in all financial decisio n making by the Surface Transportation Board.** Require that the Surface Transportation Board pursue the overarching policy objective that railroads permanently achieve and surpass revenue adequacy , and that revenue adequacy not be used as a ceiling or constraint to market pricing .* * Establish a 25 percent private infrastructure investment tax credit for expenditures chargeable to firms ' capital accounts Establish a 25 percent tax credit for research and development into transportation or public utility automation and digital infrastructu re Allow all entities, including private firms , that utilize debt financing for public private partnerships to receive tax treatment equal to that of municipal bonds for such debt financing . Make permanent the Section 45G short line tax credit . Prior it ize and provide prefere nce in existing federal grant and funding programs to projects t hat will result in shared passenger and freight rail benefits . ** Essentially, those two resolve a single basic p roblem that creates a dis -incentive for investment beyond a certa in level. Together , they are designed to allow the industry to fully take advantage to upward movements in transportation markets' ability to support higher pr ices. They do this by removing an artificial caps on carrier earnings even in strong markets. What we are asking for is the same right to take advantage of strong markets that our customer have always had. These proposals do nothing to insulate rail carrie rs from downward movements in transportat ion market pricing . However , by allowing us to take advantage of strong markets and to know that we will receive credit for our future investments based on their replacement value, these proposals provide the incentives to invest in the capacity to take advantage of strong , growth markets. From: Her rgott, Alex H. EOP/CEQ [mailto (b) (6) Sent: Wednesday , May 10, 2017 11:17 AM To: Jefferies, Ian Subject : FW: AMERICA!\ pVERSIGHT 2 CEQ050FY18091 _000002626 CEQ-18-0173-L-000002 Give me a call if you would m-- (b) (6) (b) (6) c Af\ pVERSIGHT AMER 3 CEQ050FY18091 _000002626 CEQ-18-0173-L-000003 January 2017 FAST ACT PROJECTDELIVERYONE-YEARUPDATE SUMMARY The U.S. Department of Transportation (DOT) Web sites below include infonnation on implementation of the Fixing Amer ica's Surface Transpo1tation Act (FAST Act), includ ing summaries , fact sheets, guidance, and rulemakings . o U.S. Department of Transportation https://www.transportation.gov/fastact o Federal Highway Administration (FHW A) http://www.fhwa.dot.gov/fastact/ o Federal Motor Carrier Safety Ad ministration (FMCSA) https://www.fh1csa.dot.gov/regulations/fixingame.ricas-surface -1ranspo11ation-act-fast-act o Federal Rai lroad Administ ration (FRA) https://www.frn.dot.eov/Page/P09l9 o Fede ral Tra nsit Admi nistration (FT A) https://www.trausit.dot.gov/FAST The information below summ arizes DOT implementation of FAST Act project de livery provisio ns comp leted in the first yea r following enactme nt. Sectio n 1301, Satisfacti on of Requirements for Certa i11Historic Sites o Overv iew (https://www.transportation.gov/fastact/sectiOn130I) /4f/FAST act ~uidance.asp) o Q&A (hllps://www.environment.fhwa.doLgov Section 1303, Treatment of Certai n Bridges unde~ Preservation Requireme nts o Memoran dum (hltps:// www.environment.fhwa.do1.gov/histpres/bridt;es treatment.asp) o Q&A (https://www.environment.fliwa.dot.gov/4fi r AST act guidance.asp) Section 1304, Efficient Environmental Reviews for Project Decisionmaking o Q&A (https://www.enviromnenL.thwa.dot.gov/proidev/FAST act guidance 23USC 139.asQ) Section 1305, Integration of Planning and Environ mental Review, and Section 1306, Developntentof Programmatic MitigationPlans o Final Ru le (https://www.federalregis1cr.g.ov/documents /20 16/05/27/2016-1 1964/statewide-andnonmetropoljtan-transporlation-planning-metropolitan-tra11sport1:1tion-p lanning) Section 1307, Technica l Assistance for States, and Section 1308, Surface Transportation Project Deliv ery Program /projdev/FAST act guidance OAs sect 1307o Memorandum (https://www.environmenL.fhwa.do1.11.ov 1308.asp) Section 1312, Improving State and Fed e ral Agency Engagement in Environmental Reviews o ln terim Guidance (https://www.transportation.gov/fastact/seclion 1312) Section 1313, Aligning Federal Environmental Reviews o Environme ntal Review Check Iist (https://www.transportation.gov/ad ministrations/office-policy/checkIistenvirontmmtal-reguirements-and-resources-13 I3-and-appendix) o Coordinated and conctirre nt environmental review and perm itting process o Annual lnteragency Co llaboration o Program to Measure and Report Section 1314, Categorical Exclusion for Project ofLhnited Federal Assistance o Memorandum (littps://www.cnvironment.tl1wa.d0L .gov/projdev/f AST ACT Section IJ 14 Final Memo.asp) o lmplemenl"ation Guidance (https://www.environment.fhwa.dol.gov/ projdev/ FAST ACT Section 1314 implementation Guide.asp) Page I of2 /\MER C/\~ pVERSIGHT 1 CEQ050FY18091 _000002673 CEQ-18-0173-L-000004 January 2017 o Final Rule (bttps://www.tederalreQiste r.gov/documents/2016/05/3 1/2016-12577/categorical-exclusions) Section 1315, Programmatic Agreement Template o Final Rule (https://www.federalregister.gov/documenls/20l6/05 /31/2016-12577/cate!lorical-exclusions) o Memorandum (hrtps://www.eovironment.thwadot.uov /projdev/pce guidance 2016.asp) o Practitioner's Guide (brtps://www.environment.tlnva.dot.gov/proidev/A Practitioners Guide to FHWA Programmatic Agreement s for Categorical Exclusion.asp) o Programmatic Agreement (Mode l Agreement) (https://www.environment.fhwa.do1.gov/stnnlng/documents/PCE Model A!!.reernen120 16.asp) Section 1316, Assump tion of Aut horities o Federal Register No tice, Requ est for Commen ts (hnps://www.federalregister.gov/documents/2016/08/30/1016-20818/assumption-of-authorities) Section 1317, Modernization of Environmental Review Proc ess o Report to Congress (https://www.transportation.gov/administrations/off1ce-policv/fast-act-section-l317modernization-environrnental-review-process) Section 1415, Administrative P rovisions to Encourage Pollinator Habitat and Forage on Tr ansportatio n Rigbts-of-Way o Memorandum (https://www.enviro11menLfl1wa .dot.gov/ecosystems/vegmgmt pollinators improving, habitat.asp) Section 1432, E mer gen cy Exemptions o Fact Sbeet (http ://www.fl1wa.dot.gov/fastacl'/factsheets/accelproidelfs.cfm) Section 115 02 , Ti-eaiment oflmprovements to Rail and Transit under Preservation Requirements, and Sect ion 11504, Section 106 Exe m ptio n for Railroad Right-of-Way o Q&A (https://www.emdronment.thwa.dot.gov/4f/FAST act guidance.asp) Section 11503, Efficient Envi ronmental Reviews o FRA's Survey of Categorical Exc lusion Use( htlps://www.le deralregister.gov/documents/2016/06/02/201612884/categorical-exclusion-survey-review) o FRA Request for Comment on Joining FWHA/FTA NEPA Procedures (23 CFR part 771) (https:l/www.federalregister.gov/documenrs/2016/06/09/20 16- 13621/environmental-impact-and-relatedprocedures) Below are additional ongoing impl ementat ion activities identified in refe rence d FAST Act sect ions. Section 1304, Effi cient Environmenta1 Reviews fotoP roject Decisionmaking o Rulemaking Section 1309, Program for Eliminating Duplication of E nvironmental Reviews o Rulemaking Section 11503, Efficient Environmental Reviews o Rul emaking Page 2 of2 /\Mlf /\~ pVERSIGHT 2 CEQ050FY18091 _000002673 CEQ-18-0173-L-000005 Federal Transit Administration Infrastructure Pro osals From : "Hines, Shannon (Rules)" To : "Herrgott , Alex H. EOP/CEQ " (b) (6) Date: Wed, 24 May 2017 10:49 :01 -0400 Attac hments: Federal Transit Administration Infrastructure Proposals .docx (18.49 kB) Sorry for the delay . Please let us know if you have any questions/is sues with any of the items on the list . We obvious ly stand prepared to defend our suggestions and also to draft approp riate language in support of each of these. Shanon AMER C Af\ pVERSIGHT 1 CEQ050FY18091 _000002736 CEQ-18-0173-L-000006 Federa l Transit Admi nistrat ion Reinstate Contingent Conurutment Authority (CCA) for Capital Investme nt Grant (CIG) projects and institute a tiered approach using ClG categories. o CCA was a funding authorizatio n tool that also served to manage the pipeline of projects receivi ng Full Funding Grant Agreements (FFGA). In order for an FFGA to be signed, there had to be suffic ient authorization available to fulfill the "contingent commitment " being made in the agreeme nt. o With an increasing munber of1uegaprojects moving through the pipeline in the early 2000's, the FTA began running out of CCA and projects began to stall. o MAP-2 l eliminated CCA in an effort reduce tbe number of stalled projects in the pipeline and aJlow work to begin so as to keep the actual project costs as close to the estimated costs as possible. o Reinstatin g a modified form of CCA with each of the CIG categories (New Starts, Small Starts and Core Capacity) receiving its own CCA cap woul.d aid in constraining the pipeline such that the problems enco untered prc-MAP21 do not recur. For example, the tiering ofCCA could allow the tier for Sma ll Starts grants, currently utilized by more small and rural transit agencies , to be higher proportionat e ly. It also serves as a constraint on large, megaprojects that are more skilled at advancing through the pipeline. Amend and codify Section 3005(b) of the FAST Act: Expedited Project Delivery for Capital Investment Grants Pilot Program. o Currently transit's framework for public-private partnerships is a non-codified pilot program limiting the number of projects eligible to participat e and capping the federal share at 25 percent. The program also requires participants to utilize existing tmion staff. o This pilot program should modified to be a statut01y program withollt the artificial limitations imposed by the FA ST Act. The current pilot program is structured to offer participants a more streamlined approach to the o FFGA approval process and broader authority to proceed with construction. All of these attributes are appealing to potential conces sionaires and state and local jurisdictions . Howeve r, the constraints placed on the program have the effect of undermining the goals of expediting project delivery. o A broad P3 program wi LIbe much more appealing to pri vatc investment by increasin g the federal share to 50 percent and removing the requirement that the project be operated and maintai11ed by employees of existing transportation in the area which wlll allow the transit agency to choose the best pro vider of these services in the contract. Amend 5309 to require a 50 percent match for alJ Capital ln vestment Grnnt projects. o The .FAST Act included a new limitation reducing the CJG share of the total net project cost from 80 to 60 percent. Howe ver, FTA has allowed other federal funds to be contributed such that the overa ll federal s hare is 80 percent. o A limitation on federal funding of 50 percent, essentia lly requiring a 50 percent match by all project sponsors, Congress will -increase state and local financia l commitments ro these capital projects. o Additionally , language could be included to amend the estimat ion of "net capital prqject cost" ro exclude from the oetproject cost Tff lA, R,RIF or other federally subsidized loans that will be paid back upon a project entering revenue service . /\MERK Al\ pVERSIGHT 1 CEQ050FY18091 _000002737 CEQ-18-0173-L-000007 State of Good Repair certification to qualify for 5309 funds. o All systems seeking fw1ding through the Capital Investment Grant program for new or expanded projects should have to certify that their existing system is in a state of good repair. o The CIG program should be used e""clusiveJy for projects that will become pa.rt of a system that an agency ha s responsibly maintained its existing system and achieved a state of good repair . o For example, in Washington , D.C. WMATA 's Si lver Line project received a C IG wh ile the existing infrastructure was cmmbling , ultimately resulting in SafeTrack and other extreme measures to ensure the safety of the system. o New lines or extensions should not be constructed wit h federal investment unless the system can prove that they have the appropriate measures in place to ensw-e that their system is appropriately maintained and can conti nue to be so maintained. Mandate the use of the innovative procurnment tools provided in Section 3019 of the FAST Act for acquisitions under certain thresholds. o The FAST Act included a numb er of new innovative procurement tools to allow systems more flexibility in purchasing rolling stock. o Requiring the use of these innovative procurement tools , particularly for systems witl1 limited acquisition needs , will create an economy of scale for smaller and ruraJ agencies. Today these systems procure limited numbers of rolling stock thereby increasing the overall pLU.chaseprice _ ''Bulk buying" as is envisioned througb these procurement tools will ultimately save money for the federal gove rnment and allow smaller transit agencies to refresh their fleets with newer vehicles that are uJtimatcly less costly to maintain. Amend "13(c)" and eliminate requirements for projects with minimal federal participation. o Amend 5333(b) to strike (b)(2)(C)( D) and (E). o For projects with tmder 35% federal participation , agencies should not be su~ject to 13(c) requirements. Upon direct federal safety ove rsight , mandate immediate consideration of a public-private partnership for the operation , maintenance and safety management for any transit rail system o Upon FTA assuming direct federal oversight of a rail transit system, the federal government should commence preparation of an RFP and begin consideration of unsolicited proposals for the operat ion. maintenance , and implementation of appropriate safety enforcement mechanisms to be provided through a P3. o This P3 solicitation should be implemented in addition to utiHzing the current enforcement tools included in the FAST Act. o Allowing a P3 to proceed will ensure that the federaJ governme nt does not assume uunccessary extended direct oversight of agencies out of safety requirements. o Under a P3 scenario the concessionaire would become the direct recipient of federal formula funds previously provided to the transit agency as availability payments. o This approach co uld commence immediately or begin after a system has been under direct federal control for a period of time (12-24 months). /\MERK Al\ pVERSIGHT 2 CEQ050FY18091 _000002737 CEQ-18-0173-L-000008 Create an incentive structure for distribution of 5339 formula bus funds using a performance-based approach. o Agencies should adjust current operations to achieve efficiencies and subsequently receive additional funding upon 111,eetingcertain performance categories. o Through performance-based planning and upon meeting certain performance categories, agencies should receive an increase in 5339 (a) formula funds paid for by a reduction in 5339(b) funds or, should additional incentive funds be available from those funds. o The performance categories should include but not be limited to passenger m iles traveled per vehicle revenue mile , passenger miJes traveled per vehicle revenue hour , vehicle revenue m iles per capita , vehicle revenue hours per capita, . passenger miles traveled pe r capita , passenger per capita , and fare box recovery ratio. Clarify high-intensity motorbuses operating on tolls lanes arc not eligible to receive funds under 5337(d). o Currently buses operating on HOV lanes receive fonnula funds for vehicle revenue miles and directional route miles. However, MAP-2 l eliminated any future eligibility for newly constructed HOV mileage to be considered part of the State of Good Repair formula. o MAP-21 envisioned any alteration of the HOV mileage would immediately exclude that facility from the State of Good Repair formula calculation. For example , if a HOV lanes are converted to f{OT lanes buses operating on these facilities should no longer receive credit for these miles. Similarly , any newly constructed HOT lane miles would also not be eligible for calculationfo the formula. /\MER ( /\I\ pVERSIGHT 3 CEQ050FY18091 _000002737 CEQ-18-0173-L-000009 Re: Favor From : "Holland , Luke (lnhofe)" To : "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Sun, 28 May 2017 17:23:10 -0400 Yea Sent from my iPhoue > On May 28, 2017, at 2:43 PM, Herr gott, AlexH. EOP /CEQ (b) (6) wrote : > > You remember all the work we did on U1is? Solar city and the rest. > > If you can dig up l would really appreciate it. Talk soon buddy > > Alex > > Sent from my iPhone > > Begin forwarded message: > > From: (b) (6) Date: May 28 , 2017 at 11 :42: IO AM PDT > To: > > > Happy Sunday CI:uissy. > > Who in the coalition has U1ebest info on Lhis. I wonder it it was NTU or herita ge who really hamm ered on the issues below back in 2009. > > As we prep for infra week I want lo have good TPs on the below to critici ze prior administration philosophical approach to federal infra fundin g. > > 1) What were the most disastrous elements of Obama's st imulus bill? I'm thinking of bavi.ng tile President reference that Legisla tion as what not to do , but need half a dozen talkin g points on its major failings . > (2) What are great examples of federal waste and lack of accountability -- Solyudra , CA HSR , .... Would be great to have a few exampl es with some details on the project and how much was wasted. > > Think you bave some folks that have goo d stuff on this . > > Alex > ~(b) (6) > > Sent from my !Phone > AMERICA!\ pVERSIGHT 1 CEQ050FY18091_000002693 CEQ-18-0173-L-000010 RE: Favor From : "Holland , Luke (lnhofe)" To : "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Tue, 30 May 2017 09:48:56 -0400 You sti LIneed tbfa? When are you rolling out the infrastrncture packa ge? ----Original Message----From: Herr gott, Alex H. EOP /CEQ Imailto (b) (6) Sent: Sunday , May 28, 2017 2:43 PM To: Holland , Luke (lnbofe) Subjec t: Favor You remember all the work we did on this? Solar city and the rest. If you can dig up J would really appreciate it. Talk soon buddy Alex Sent li"mnmy iPbou.e Begin forwarded message : From: (b) (6) < mail to (b) (6) Date: May 28, 2017 at 11:42: IO AM PDT To: > Happy Sunday Chrissy. Who in the coal ition has the best info on this. I wonder it it was NTU or heritage who really hammered on the issues below back in 2009. As we prep for infra week I want to have good TPs on tl.lcbelow to critici ze prior ad.ministration philosoph ica l approach to federal infra funding. l) What were the most disastrous elements of Obama's stimulus bill? I'm thinking of having the President reference that legislation as wha t not to do, but need hal f a dozen talking points on its major failings. (2) What are great examples of federal waste and lack of accountability -- Solyndra , CA HSR , .... Would be great to have a few examp les with some details on the project and how much was wasted. Think you have some folks that have good stuff on this. Alex (b) (6) Sent from my iPhoue AMERICA!\ pVERSIGHT 1 CEQ050FY18091_000002686 CEQ-18-0173-L-000011 Re: $25 billion? From "Herrgott, Alex H. EOP/CEQ 1' <"/o=organization/ou=exchange administrative group (fyd ibohf23spd lt)lcn =recipients/cn=c 7ce 1ebaef28486db 7e7Sa45c19c9813-herrgott, a"> To: "Arnakis, Adrian (Commerce)" Date: Fri, 09 Jun 2017 09:50:23 -0400 T'll call you about you about this today. Not accurate. Sent from my iPhone On Jun 9 2017, at 9:49 AM, Arnakls , Adrian (Commerce ) wrote: Looks like our piece of the pie got smaller ..... https ://www. white ho use .gov /blog/2017 /06/08/p resi dent -trumps-pl a n-reb u iId-a me ri casin fra structure AMERICAN PVERSIGHT 1 CEQ050FY18091_000000092 CEQ-18-0173-L-000012 RE: $25 billion? From : "Arnakis , Adrian (Commerce )" To: "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Fri, 09 Jun 2017 09:56:44 -0400 Ok, are you goin g to be at DOT ? 1f so , I will see you there. ----Or iginal Message ----- From: Herr gott, Alex H. EOP /CEQ lmailto (b) (6) Sent: Friday , Jun e 9, 2017 9:50 AM To: Arnakis, Adrian (C ommerce ) Subject: Re : $2 5 billion? I' ll ca ll you about you about this today. Not accura te. Sent from my iPhone On Jun 9, 20 17, at 9:49 AM , Amakis , Adrian (Commerce ) > wrote : Looks like om piece oflhe pie got smaller.. ... hItp s://ww,,v. whitehouse.gov/b log/20 17/06/08/president-tnunps-plan-rebuild-americas-infrastmcturc AMER C Af\ pVERSIGHT 1 CEQ050FY18091 _000002645 CEQ-18-0173-L-000013 $25 billion? From: "Arnakis, Adrian (Commerce)" To : "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Fri, 09 Jun 2017 09:49:15 -0400 Looks like our piece of the pie got smaller. .... https://www.whitehouse AMER C Af\ pVERSIGHT .gov/blog/2017 /06/08/president -trumps -plan -rebuild -americas -infrastructure 1 CEQ050FY18091_ 000002646 CEQ-18-0173-L-000014 TIF uestion From "Herrgott , Alex H. EOP/CEQ" <"/o=organization/ou=exchange administrative group (fyd ibohf23spd lt)/cn=recipients/cn=c 7ce 1ebaef28486db 7 e7Sa45c19c9813-herrgott 1 a"> To: iooeci , Jen (Bank ing)" , Date: Mon , 21 Aug 2017 17:35:53 -0400 shannon_hines@rules.senate.gov Are there other activitfes besides TIFs that would constitute value capture . The red below. there are going to be several mechanisms to raise revenue, not just limited to TIFS I imagine SEC. 2105 . REQUIRE VALUE CAPTUREFINANCING AS CONDITION FOR RECEIPT OF TRANSIT FUNDS FOR MAJOR CAPITAL PROJECTS (FORMULA AND CAPITAL INVESTMENT GRANTS). * Federal transit programs do not require tax increment financing. * Failw-e of transit auth01ities to use tax incremen t financing reduces funds available for transit capital projects. * Amend 49 U.S.C . Chapter 53 to include tax increment financing (or other value capture mechanisms as determined by FTA) as prerequisite for the following capital programs: Section 5307 Urban ized Area Fortnula Grants ; Section 5309 Cap1tal [nvestment (Discretionary) Grants ; Section 5337 State of Good Repair Formula Grants ; and Section 5339 Bus and Bus Facilities Fmmula/Discretionary Grants. DOT says they already do this at 40% so this isn 't really necessary . W11atsay you SEC. 2109. AMEND 5309 TO REQUIRE A 50 PERCENT MATCH FOR ALL CAPITAL INVESTMENT GRANT (CIG) PROJECTS. * The FAST Act included a new limitation reducing the CIG share of the total net project cost from 80 to 60 percent. However, FT A has allowed other federal funds to be contributed such that the overall federal share is 80 percent. * A limitation on federal funding of 50 percent , essentially requiring a 50 perceht match by all project sponsors , Congress will increase state and local financial commitments to these capital projects. * Additionally , language could be -included to amend the estimation of ' net capital project cost" to exclude from the net project cost TIFIA , RRIF or other federally subsidized loans that will be paid back upon a project entering revenue service. AMERICAN PVERSIGHT 1 CEQ050FY18091 _000002607 CEQ-18-0173-L-000015 Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality - (b) (6) From: Deci, Jen (Banking) [mailto:Jen_Deci@banking.senate.gov] Sent: Monday, August 21, 2017 5:04 PM To: Herrgott, Alex H. EOP/CEQ(b) (6) Subject: RE: Yeah, happy to chat anytime. From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent: Monday, August 21, 2017 4:59 PM To: Deci, Jen (Banking) Subject: Just now cleaning out emails, lets catch up soon. Are you in this week? Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality (b) (6) AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000002607 CEQ-18-0173-L-000016 Re: TIF question From : "Hines, Shannon (Rules)" To : "Deci, Jen (Banking)" Cc: "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Tue , 22 Aug 2017 11 :17:42 -0400 What she said!! Sent from my iPhone On Aug 22, 201 7, at 7:26 AM, Deci , Jen (Banking) wrote: Yes, value capture can include joint deve lopment, land value taxes (LVT), TIFs, special assessment districts , transportation uti lity fees, development impact fees, negotiated extractions, air rights, etc. We included a broad definition of value capture in the FASTAct to mean "recovering the increased property va lue to property located near public transportation resulting from investments in public transportation." (49 USC5302(24)) Also, not sure how DOT says they already limit a 40% match, at least 4 of the 14 New Starts in the pipeline are 50% CIG share and that doesn't factor in other federal funds (CMAQ or formula). The intent of that 50% match language is to limit ALL federal funding (CIG + whatever else) to 50% max so that the states and locals have more skin in the game. For example, the CA Santa Ana project is 50% CIG (148m), 17.8% CMAQ and 4.4% 5307 funds. For that project, the state contributes 8% and the locals 19.2%. From : Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent: Monday, August 21, 2017 5:36 PM To : Deci, Jen (Banking) ; Hines, Shannon (Rules) Subject:TIF question Are t here other act ivities besides TIFs that would constitute value capture. The red below. there are go ing to be severa l mechanisms to raise revenue, not j ust limited to TIFS I imagine SEC . 2105 . REQUIRE VALUE CAPTUREFINANCING AS CONDITION FOR RECEIPT OF TRANSIT FUNDS FOR MAJOR CAPITAL PROJECTS (FORMULA AND CA PITA L INVESTMENT GRANTS) . * Federa l transit program s do not require tax increm ent financing . * Failure of transit authorities to use tax increment financing reduces funds availab le for transit capital projects. AMERICA!\ pVERSIGHT 1 CEQ050FY18091 _ 000000408 CEQ-18-0173-L-000017 * Amend 49 U.S.C. Chapter 53 to include tax increment financing (or other value capture mechanisms as detennined by FTA) as prerequisite for the following capital programs: Section 5307 Urbanized Area Formula Grants ; Section 5309 Capital Investment (Discretionary) Grants ; Section 5337 State of Good Repair Formula Grants ; and Section 5339 Bus and Bus Facilities Formula/Discretionary Grants. DOT says they already do this at 40% so this isn't really necessary . What say you SEC. 2109. AMEND 5309 TO REQUIRE A 50 PERCENT MATCH FOR ALL CAPITAL INVESTMENT GRANT (CIG) PROJECTS. * The FAST Act included a new limitation reducing the CIG share of the total net project cost from 80 to 60 percent. However, PTA has allowed other federal funds to be contributed such that the overall federal share is 80 percent. * A limitation on federal funding of 50 percent , essentially requiring a 50 percent match by all project sponsors , Congress will increase state and local financial commitments to these capital projects. * Additionally , language could be included to amend the estimation of "net capital project cost" to exclude from the net project cost TIFIA , RRIF or other federally subsidized loans that will be paid back upon a project entering revenue service . Alexander Herrgott Associate Director for Infrastructu re Council on Environmental Quality (b) (6) - From: Deci, Jen (Banking) (mailto:Jen Deci@banking.senate.gov ] Sent: Monday, August 21, 2017 5:04 PM To: Herrgott, Alex H. EOP/CEQ(b) (6) Subject: RE: Yeah, happy to chat anytime . From: Herrgott, Alex H. EOP/CEQ(mailto (b) (6) Sent: Monday, August 21, 2017 4:59 PM AMERICA!\ pVERSIGHT 2 CEQ050FY18091_ 000000408 CEQ-18-0173-L-000018 To : Deci, Jen (Banking) Subject: Just now cleaning out emails, Lets catch up soon. Are you in this week? Alexander Herrgott Associate Director for Infrastructure Council on Environmental Quality (b) (6) AMER CAf\ pVERSIGHT 3 CE Q050FY 18091_ 000000408 CEQ-18-0173-L-000019 RE: TIF question From "Deci , Jen (Banking)" To: "Herrgott, Alex H. EOP/CEQ" (b) (6) (Rules)" Date: Tue , 22 Aug 2017 09:26:55 -0400 "Hines , Shannon Yes, value capture can include joint development, land value taxes (LVT), TIFs, special assessment districts, transportation utility fees, development impact fees, negotiated extractions, air rights, etc . We included a broad definition of value capture in the FASTAct to mean "recovering the increased property value to property located near public transportation resulting from investments in public transportation." (49 use5302(24)) Also, not sure how DOT says they already limit a 40% match, at least 4 of the 14 New Starts in the pipeline are 50% CIG share and that doesn't factor in other federal funds (CMAQ or formula). The intent of t hat 50% match language is to limit ALL federal funding (CIG + whatever else) to 50% max so that the states and locals have more skin in the game. For example, the CA Santa Ana project is 50% CIG (148m), 17 .8% CMAQ and 4.4% 5307 funds. For that project, the state contributes 8% and the locals 19.2%. From: Her rgott, Alex H. EOP/CEQ [mailt (b) (6) Sent : Monday, August 21, 2017 5:36 PM To: Deci, Jen (Banking) ; Hines, Shannon (Rules) Subject: TIF question Are there other activities besides TIFs that would constitute value capture. The red below. there are going to be several mechanisms to raise revenue, not just limited to TIFS I imagine SEC . 2105. REQUIRE VALUE CAPTUREFINANCING AS COND ITION FOR RECEIPT OF TRANSIT FUNDS FOR MAJOR CA PIT AL PROJECTS (FORMULA AND CAPITAL INVESTMENT GRANTS) . * Federa l transit programs do not require tax increment financing. * Failw.e of transit authorities to use tax increment financing reduce s funds available for transit capital projects. * Amend 49 U.S.C. Chapte r 53 to include tax increment financing (or other value capture mechanisms as determined by FT A) as prerequisite for the following cap ital programs: Section 5307 Urbanized Area Formu la Grants ; Section 5309 Cap ital Investment (Discretionary) Grants ; Section 5337 State of Good Repair Formula Grants ; and Section 5339 Bus and Bus Fac ilities F01mula/Discretiona1y Grants. AMERICA!\ pVERSIGHT 1 CEQ050FY18091 _ 000000411 CEQ-18-0173-L-000020 DOT says they already do this at 40% so this isn 't really necessary . What say you SEC. 2 109. AMEND 5309 TO REQUIRE A 50 PERCENT MATCH FOR ALL CAPITAL INVESTMENT GRANT (CIG) PROJECTS. * The FAST Act included a new limitation reducing the CIG share of the total net proje ct cost from 80 to 60 percent. However , FT A has allowed other federal funds to be contributed such that the overa ll federal share is 80 percent. * A limitation on federal fund ing of 50 percent , essentia lly requiring a 50 percent match by a11proje ct sponsors , Congress wi11increase state and local financial commitments to these capital projects. * Additiona lly , language could be included to amend the estimation of "net capital proje ct cost " to exc lude from the net project cost TIFIA , RRIF or other federa lly subsidized loans that will be paid back upon a project entering revenue service. Alexander Herrgott Associate Di rector for Infrastructure Council on Environmental Quality - (b) (6) From: Deci, Jen (Banking) [mailto:Jen Deci@banking.senate.gov ] Sent : Monday, August 21, 2017 5 :04 PM To: Herrgott, Alex H. EOP/CEQ(b) (6) Subject: RE: Yeah, happy to chat anytime. From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent : Monday, August 21, 2017 4:59 PM To: Deci, Jen (Banking) Subject : Just now cleaning out emails , Lets catch up soon . Are you in this week? Alexander Herrgott Associate Director for Infrastructure Counci l on Environmental Quality - (b) (6) AMERICA!\ pVERSIGHT 2 CEQ050FY18091 _000000411 CEQ-18-0173-L-000021 RE: fol low-u From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Lai, Joseph G. EOP/WHO" (b) (6) Date : Wed , 18 Oct 2017 14:28:52 -0400 "Henke, Tracy (Blunt)" Will get something to you ASAP. From: Lai, Joseph G. EOP/WHO Sent: Wednesday, October 18, 20171:37 PM To: Henke, Tracy (Blunt) Cc: Herrgott, Alex H. EOP/CEQ(b) (6) Subject : RE: follow -up + Alex on this e-mai l. He should be able to pass along the appropria t e factsheets and data. Look forward to coming by and catching -up some t ime next week if you are free! From: Henke, Tracy (Blunt) [mailto :Tracy_Henke@blunt.senate.gov] Sent : Wednesday , October 18, 20171:34 PM To: Lai, Joseph G. EOP/WHO (b) (6) Subject : follow -u p Good to meet this morning . I spoke with DJ about some of the facts and figures he discussed regarding permitting - number of agencies/permits/time/increased cost, etc. He said it would be easy to get those to me. Can you? Thanks in advance. Tracy A . Henke Legislative Director Office of Senator Roy Blunt 260 Russell Senate Office Building Was hington , DC 20510 (b) (6) rnr a @ ofSfNATOlllWN'l '5 E-NEWSl f TTER AMERICA!\ pVERSIGHT 1 CEQ050FY18091_000001248 CEQ-18-0173-L-000023 RE: follow-up From: "Lai, Joseph G. EOP/W HO" (b) (6) To : "Henke, Tracy (Blunt)" Cc: "Herrgott , Alex H. EOP/CEQ " (b) (6) Date : Wed , 18 Oct 2017 13:36 :58 -0400 + Alex on this e- mail. He should be able to pass along the appropr iat e factsheets and data. Look forward to coming by and catch ing-up sometime next week if you are free! From: Henke , Tracy (Blunt) [mailto:Tracy_Henke@blunt.senate Sent : Wednesday , Oct ober 18, 20171:34 PM To: Lai, Joseph G. EOP/WHO (b) (6) Subject : follow -up .gov] Good to meet this morning. I spoke with DJ about some of the facts and figures he discussed regarding permitt ing-num ber of agenc ies/permi t s/time/increased cost, etc . He said it would be easy to get those to me . Can you? Thanks in advance . TracyA. Henke LegislativeDirector Officeof Senator RoyBlunt 260RussellSenateOffice Building Washington, DC20510 (b) (6) ITt a@ t S{HA f0llll~IJN1'"1 EoNEWSLETT ER AMER C Af\ pVERSIGHT 1 CEQ050FY18091_ 000002458 CEQ-18-0173-L-000024 RE: streamlining From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrat ive group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he"> To: "Trenti, Beth (EPW)" Date: Tue , 24 Oct 2017 16:13:08 -0400 Hey Beth, I just ta lked with the large r t eam and we won' t be able to get a good time this week, with our CEQ nominee in town. Do we have a good time next week for me t o coordina t e schedu les. Alex From: Trenti, Beth (EPW) [ma ilto :Beth_Tren t i@epw.senate.gov) Sent: Tuesday, October 24, 2017 11:20 AM To: Herrgo tt , Alex H. EOP/CEQ(b) (6) Subject: RE: streamlining Hey Alex, ls there a time we could get everyone together this week? I had confinned with Richard next week would be fine but I think be wants another one this week. if possible. Kind regards, Elizabe th Trcnti Senate Co111111illee 011l::11l'irom11e 11I & Public Work\ ( 0 ) (b) (6) 1111111111111 > www.epw.se11 a /e.g0v < I (ilse1w1eepi1 OJ/iceJlu11r.\:9 lo 6 E1: A!onday to Friday From: Herrgott, Alex H. EOP/CEQ [mailt (b) (6) Sent: Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc: Trenti, Bet h (EPW) Subject:RE: streamlining Hey Richard, So, I really want DJ in the meeting since this real ly is both a CEQ/NEC exercise on the infra package; howeve r he is tak ing muc h needed vacat ion th is w eek. AMERICA!\ pVERSIGHT 1 CEQ050FY18091_ 000000860 CEQ-18-0173-L-000025 CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, scheduling allowing, Catanzaro, in the room with us all when talking legislative ideas. Can I coordinate schedules this week on my end, with the idea of doing something very early next week when DJ returns? From: Russell, Richard (EPW) [mailto:Richard Russell@epw.senate .gov ] Sent : Monday, October 23, 2017 12 :11 PM To: Herrgott, Alex H. EOP/CEQ (b) (6) Cc: Trenti, Beth (EPW) Subject : streamlining Do we have a time yet for Wednesday to get folks together to read-through the streamlining section? Richard Russ ell Staff Director Environm ent & Public Works Committee AMER C Af\ pVERSIGHT 2 CEQ050FY18091_ 000000860 CEQ-18-0173-L-000026 RE:streamlining From: "Trenti, Beth (EPW)" To: "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Tue , 24 Oct 2017 11:20:29 -0400 Hey Alex , Is there a time we could get everyone together this week ? I had confirmed with Richard next week would be fine but I think he wants another one this week , if possibl e. Kind regard s, Elizabet h T renti Senate Commillee 011E111fr011111e111 & Public Works ( 0) (b) (6) > w ww.epw.se11 a te.go 1o< I (ase11a1eepw q[fice Hours: 9 lo 6 ET, Monday lo Friday From: Herrgott, Alex H. EOP/CEQ [mailt (b) (6) Sent : Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc: Trenti, Beth (EPW) Subject: RE: streamlining Hey Richard, So, I really want DJ in the meeting since this really is both a CEQ/NEC exercise on the infra package; however he is taking much needed vacation this week . CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, scheduling allowing , Catanzaro, in the room with us all when talking legislative ideas. Can I coordinate schedules this week on my end, with the idea of doing something very early next week when DJ returns? From: Russell, Richard (EPW) [mailto:R ichard Russell@epw.senate .gov ] Sent : Monday, October 23, 20 1712:11 PM To: Herrgot t , Alex H. EOP/CEQ(b) (6) Cc: Trenti, Beth (EPW) Subject: streamlining Do we have a time yet for Wedne sday to get folks together to read-through the streamlining section? AMERICA!\ pVERSIGHT 1 CEQ050FY18091 _000001718 CEQ-18-0173-L-000027 Richard Russell Staff Director Environment & Public Works Committee /\MER ( /\I\ pVERSIGHT 2 CEQ050FY18091_000001718 CEQ-18-0173-L-000028 Re: streamlining From: "Russell , Richard (EPW)" To: "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Tue , 24 Oct 2017 11:02:28 -0400 Can we do it tomorro w? Rich ard Russe ll Staff Director Committee on Environment & Public Works On Oct 24, 20 17, at 10:43 AM , Herrgott, Alex H. EOP/CEQ (b) (6) Do you have some time to talk today. I was on up on Hill for a bit. Have quick meet ing w ith Collins shortly. Sent from my iPhone On Oct 23, 20 17, at l :24 PM, Russe ll, Richard (EPW) wrote: Happy t o do a second run next we ek but really wo uld like t o get t oget her t his we ek so we can kee p t he ball moving forward . From: Herrgott , Alex H. EOP/CEQ [mail t (b) (6) Sent: Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc: Trenti , Beth (EPW) Subject: RE: st reamlining Hey Richard, So, I really want DJ in the meet ing since this really is both a CEQ/NEC exercise on the infra package; however he is taking much needed vacation this week. CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, scheduling allowing , Catanzaro , in the room with us all when t alking legislative ideas . Can I coordinate schedules t his week on my end, with the idea of do ing something very early next week when DJ ret urns? From: Russell, Richard (EPW) [mailto:Richard Sent: Monday, October 23, 2017 12:11 PM To: Herrgott, Alex H. EOP/CEQ(b) (6) AMERICA!\ pVERSIGHT Russell@epw.senate.gov ] 1 CEQ050F Y18091_000001719 CEQ-18-0173-L-000029 Cc: Trenti, Beth (EPW) Subject:streamlining Do we have a time yet for Wednesday to get folks together to read-through the streamlining section? Richard Russe ll Staff Director Environment & Public Works Committee /\MER C/\I\ pVERSIGHT 2 CEQ050FY18091 _000001719 CEQ-18-0173-L-000030 RE: streamlining From: "Trenti, Beth (EPW)" To: "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Tue , 24 Oct 2017 16:15:12 -0400 Next week is pretty flexible - do you have any times Tuesday , October 31 st after 2:00 pm? Is there any way we could get any time on the books this week with the rest of the group that is in town? Elizabeth T renti Senate Co111111i1tee 011 E111>irm1111e111 & Public Works (a) (b) (6) >www.epw.se nate.go v< I (u se1w1eepw G_[/iceHours: 9 10 6 ET, Monday lo Friday From: Her rgott, Alex H. EOP/CEQ [mailt (b) (6) Sent : Tuesday, October 24, 2017 4 :13 PM To: Trenti , Beth (EPW) Subject : RE: streamlining Hey Beth, I just ta lked with the larger team and we won't be ab le to get a good time this week, with our CEQ nominee in town. Do we have a good time next week for me to coordinate schedules . Alex From: Trenti , Beth (EPW) [mailto:Beth Trenti@epw.senate .gov] Sent : Tuesday, October 24, 2017 11:20 AM To: Herrgott, Alex H. EOP/CEQ(b) (6) Subject: RE: streamlining Hey Alex, Is there a time we could get cvetyonc together this week? I had confinned with Richard next week would be fine but I think be wants anothe r one this week. if possible. Kind regards , Elizabeth Trcnti Senate Co1111111/lee 011E111oiro11111e11/ & Public Works AMERICA!\ pVERSIGHT 1 CE Q050FY 18091 _ 000002450 CEQ-18-0173-L-000031 (0) (b) (6) >> www.epw.se11 a 1e.g0v << I (a s1?11a1eep11 Office 1four~: 9 to 6 El; Mo11duylu Friday From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent : Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc: Trenti, Beth (EPW) Subject : RE: streamlining Hey Richard, So, I rea lly want DJ in the meeting since this really is both a CEQ/NEC exercise on the infra package; however he is tak ing much needed vacation this week . CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, scheduling allowing, Catanzaro, in the room with us all when talking legislative ideas. Can I coordinate schedules this week on my end, with the idea of doing some t hing very early next week when DJ returns? From: Russell, Richard (EPW) [mailto:Richard Russell@epw.senate.gov 1 Sent : Monday, October 23, 2017 12:11 PM To: Herrgott, Alex H. EOP/CEQ(b) (6) > Cc: Trenti, Beth (EPW) Subject : streamlining Do we have a time yet for Wednesday to get folks together to read-through the streamlining section? Ri cha rd Russell Sta.ff Director Environment & Public Works Committee AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000002450 CEQ-18-0173-L-000032 RE: streamlining From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he "> To: "Russell, Richard (EPW)" Date : Tue , 24 Oct 2017 16:10:29 -0400 Hey Richard, I think Lai may have chatted with a bit with RD meet ing today. Lets touch base tomorrow . From: Russell, Richard (EPW) [mailto:Richard_Russell@epw .senate.gov] Sent: Tuesday, October 24, 2017 11:02 AM (b) (6) To: Herrgott, Alex H. EOPSubject: Re: streamlining Can we do it tomorrow? Richard Russell Staff Director Comm ittee on Environment & Public Works On Oct 24, 2017, at 10:43 AM, Herrgott, Alex H. EOP/CEQ (b) (6) Do you have some time to talk today. I was on up on Hill for a bit . Have quick meeting with Collins shortly. Sent from my iPhone On Oct 23, 2017, at 1:24 PM, Russell, Richard (EPW) wrote: Happy to do a second run next week but real ly would like to get together this week so we can keep the ball moving forward. From: Herrgott , Alex H. EOP/CEQ[mailt (b) (6) Sent: Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc:Trenti , Beth (EPW) Subject: RE: streamlining Hey Richard, So, I really want DJ in the meet ing since this really is both a CEQ/NEC exercise on the infra package; however he is taking much needed vacation this week. AMERICA!\ pVERSIGHT 1 CEQ050FY18091 _000002951 CEQ-18-0173-L-000033 CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, scheduling allowing , Catanzaro, in the room with us all when ta lking legislative ideas . Can I coordinate schedules this week on my end , with the idea of doing something very early next week when DJ returns? From : Russell, Richard {EPW) [mailto:Richard Russell@epw.senate.gov ] Sent: Monday, October 23, 2017 12:11 PM To: Herrg ott, Alex H. EOP/CEQ (b) (6) Cc: Trenti, Beth {EPW) Subject: streamlining Do we have a t ime yet for Wednesday to get folks together to read-thro ugh the streamlining sect ion? Richard Russell Sta.ffDireclor Environm ent & Public Works Commi ttee AMER CAf\ pVERSIGHT 2 CEQ050FY18091 _000002951 CEQ-18-0173-L-000034 Re: streamlinin From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrat ive group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he"> To: "Russell, Richard (EPW)" Date: Tue, 24 Oct 2017 10:43: 10 -0400 Do you have some time to talk today. I was on up on Hill for a bit. Have quic k meeting with Collins shortl y. Sen t from my iPhone On Oct 23, 2017 , at I :24 PM, Russell , Richard (EPW) wrote: Happy to do a second run next week but really would like to get together this week so we can keep the ball moving forward. From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent: Monday, October 23, 2017 1:22 PM To : Russell, Richard (EPW) Cc: Trenti, Beth (EPW) Subject:RE: streamlining Hey Richard, So, I really want DJ in the meeting since this really is both a CEO/NEC exercise on the infra package; however he is taking much needed vacation this week. CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, scheduling allowing, Catanzaro, in the room with us all when talking legislative ideas. Can I coordinate schedules this week on my end, with the idea of do ing something very early next week when DJ returns? From: Russell, Richard (EPW) [mailto:Richard Russell@epw.senate.gov ] Sent: Monday, October 23, 2017 12:11 PM To : Herrgott, Alex H. EOP/CEQ (b) (6) Cc: Trenti, Beth (EPW) Subject:streamlining Do we have a time yet for Wednes day to get folks together to read-through the streamlining section? Ri chard Russell StajfDir ector Environm ent & Publi c Works Committee AMERICA!\ pVERSIGHT 1 CEQ050FY18091 _000002954 CEQ-18-0173-L-000035 RE: streamlining From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrat ive group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc 18bb681d14e44c8e9-he"> To: "Trenti, Beth (EPW)" Date : Wed , 25 Oct 2017 14:51:58-0400 I am coordinating with DJ and Mike Catanzaro's schedulers. I don't have authority to come by myself, wh ich is the heart of the problem. about this one. From: Trenti, Beth (EPW) [mailto:Beth_Trenti@epw.senate Sent: Wednesday, October 25, 2017 2:32 PM To: Herrgott, Alex H. EOP/CEQ(b) (6) Subject: RE: streaml ining Tell Richard, I am sorry .gov] Hey Alex , Sorry to bother you again. Did you want to firm up a time for next week ? -Beth Elizabeth Trenti Smale Commilftoe ( V) (1/7 GBPn1'1rom11c11t & P11h/1cWork\ (b) (6) > www.epw.se11at e.g0v< I (ii wo11n1eepw Office Hvzm .: 9 to 6 FT Mondmo10 Friday From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent: Tuesday, October 24, 2017 4 :13 PM To: Trenti, Beth (EPW) Subject: RE: streamlining Hey Beth, I just talked with the larger team and we won't be ab le to get a good time this week nominee in town. I with our CEQ Do we have a good time next week for me to coordinate schedules . Alex From: Trenti, Beth (EPW) [mailto:Beth Trenti@epw .senate.gov ] Sent: Tuesday, October 24 , 20 17 11:20 AM AMERICA!\ pVERSIGHT 1 CEQ050FY18091 _000000858 CEQ-18-0173-L-000036 To: Herrgott, Alex H. EOP/CE (b) (6) Subject : RE: streamlining Hey Alex, Is there a time we could get everyone together tbis week? I had confirmed with Richard next week would be fine but T th ink he wants anoth er one this week , if possible . Kind regards , Elizabeth Trenti Senate Commillee 011E111fro11111e11/ & Public Work~ (b) (6) >>www.epw.se11 a1e.g0v<< I (usenateepw Office flours: 9 to 6 E1, Monday lo Friday ( 0) From: Her rgott, Alex H. EOP/CEQ [mailt (b) (6) Sent : Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc: Trenti, Beth (EPW) Subject: RE: streamlining Hey Richard, So, I rea lly want DJ in the meeting since this really is both a CEQ/NEC exercise on the infra package; however he is taking much needed vacation this week. CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and , scheduling allowing, Catanzaro, in the room with us all when t alking legislative ideas. Can I coordinate schedules this week on my end, with the idea of doing something very early next week when DJ returns? From: Russell, Richard (EPW} fmailto :Richard Russell@epw.senate .gov ] Sent : Monday, October 23, 2017 12 :11 PM To: Herrgott, Alex H. EOP/CEQ(b) (6) Cc: Trenti, Beth (EPW) Subject : streamlining Do we have a time yet for Wednesday to get folks together to read-through the streamlining section? Ri chard Russe ll Staff Director Enviro nment & Publ ic Works Comm ittee AMERICA!\ pVERSIGHT 2 CEQ050FY18091 _000000858 CEQ-18-0173-L-000037 RE:streamlining From: "Trenti, Beth (EPW)" To: "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Wed , 25 Oct 2017 14:32:24 -0400 Hey Alex , Sorry to bother you again. Did you want to finn up a time for next week ? -Beth Elizabeth Trcnti Se11ateCo111111illee 011l::11l'iro11111e111 & Public Worh (o) (b) (6) >www.ep w.senote.gov < I ([!,sennteepw Office flours: 9 to 6 E1, Mo11dnylo Friday From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent: Tuesday, October 24, 2017 4:13 PM To: Trenti, Beth (EPW) Subject : RE: streamlining Hey Beth, I just talked with the larger team and we won't be ab le to get a good time this week, with our CEQ nominee in town. Do we have a good time next week for me to coordinate schedules. Alex From: Trenti, Beth (EPW) [mailto :Beth Trenti@epw .senate .gov ] Sent : Tuesday, October 24, 2017 11:20 AM To: Herrgott, Alex H. EOP/CEQ(b) (6) Subject: RE: streamlining Hey Alex , ls there a time we could get everyone together this week ? I had confirmed with Richard next week would be fine but I think he wants another one this week, if possible. Kind regards , AMERICA!\ pVERSIGHT 1 CEQ050FY18091 _000002449 CEQ-18-0173-L-000038 Elizabeth Trenti Senate Com111illee 011 l:)1i>iru/1/1t<'lll & Public Work\ (0 (b) (6) >>1Vww.epw.se11 ate.gov<< I (~senateepw Office flours: 9 10 6 El'. Mo11doy to Friday From: Herrgott, Alex H. EOP/CEQ [mailto (b) (6) Sent : Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc:Trenti, Beth (EPW) Subject: RE: streamlining Hey Richard, So, I really want DJ in the meeting since this really is both a CEQ/N EC exercise on the infra package; howe ver he is tak ing muc h needed vacatio n this week . CEQ has t he EO and ot her elements it is do ing administratively but I want DJ, Mary and, scheduling allow ing, Catanzaro, in the room with us all when talking legislative ideas. Can I coordinate schedules this w eek on my end, with the idea of doing some t hing very early next week when DJ returns? From: Russell, Richard (EPW) [mailto:R ichard Russell@epw.senate .gov ] Sent: Monday, October 23, 2017 12:11 PM To: Herrgott, Alex H. EOP/CEQ (b) (6) Cc: Trenti, Beth (EPW) Subject : streamlining Do we have a time yet for Wednesday to get folks together to read-through the streamlining section? Richard Russe ll Staff Director Envi ronm ent & Public Works Committ ee AMER C Af\ pVERSIGHT 2 CEQ050FY18091 _000002449 CEQ-18-0173-L-000039 RE:streamlining From: "Trenti, Beth (EPW)" To: "Herrgott, Alex H. EOP/CEQ" (b) (6) Date: Wed , 25 Oct 201715 :16:21 -0400 Not a problem - I think I just didn't explain the situation well initially and thought he was okay waiting until next week. As of right now our team is available the afternoon of the 31st if there is a time you all have available. Elizabet h T renti Senate Co111111i1/ee an E11riro11111elll & Public Work\ ( 0) (b) (6) > www.epw.se 11a te.go 1o< I (i.Lse1w1eepw Of/ice Hours: 9 10 6 ET, Monday lo Friday From: Herrgott, Alex H. EOP/CEQ [ma ilto (b) (6) Sent : Wednesday, Oct ober 25, 2017 2:52 PM To: Trenti, Beth (EPW) Subject : RE: streamlining I am coordinating with DJ and Mike Catanzaro's schedulers. I don't have authority to come by myself, which is the heart of the problem. about this one. Tell Richard, I am sorry From: Trenti , Beth (EPW) [mailto:Beth Trenti@epw.senate.gov ] Sent : Wednesday, October 25, 2017 2:32 PM To: Herrgott, Alex H. EOP/CEQ(b) (6) Subject : RE: streamlining Hey Alex, Sorry to bother you again. Did you want to finn up a time for next week? -Beth Elizabeth T renti Senate Commillee on F.11l'il'on111mt & P11h/1cWork\ (cl) -(b) (6) >>www.epw.se 11a{e.g0v << I (t11.to1111teepw (~f/ice Hvurs: 9 to 6 ET, Monda, , /0 Friday From: Herrgott, Alex H. EOP/CEQ mailt (b) (6) Sent : Tuesday, October 24, 2017 4 :13 PM AMERICA!\ pVERSIGHT 1 CEQ050FY18091 _000003207 CEQ-18-0173-L-000040 To : Trenti, Beth {EPW) Subject : RE: streamlining Hey Beth , I just talked with the larger team and we won't be able to get a good time this week, with our CEQ nominee in town. Do we have a good time next week for me to coordinate schedules. Alex From : Trenti, Beth (EPW) [mailto :Beth Trenti@epw.senate.gov ] Sent : Tuesday, October 24, 2017 11:20 AM To : Herrgott, Alex H. EOP/CE (b) (6) Subject: RE: streamlining Hey Alex , Is there a time we could get everyone together tbis week? I had confirmed with Richard next week would be fine but I think he wants another one this week , if possible. Kind regards , Elizabeth Trenti Senate Committee (0) 011 Emfro11111e111 & Public Works (b) (6) > > >,vww.epw.senate. go1o<< < I (a senateepll' Q!Jice Hours: 9 to 6 ET, Monday lo Friday From : Herrgott, Alex H. EOP/CEQ [mailt (b) (6) Se nt: Monday, October 23, 2017 1:22 PM To: Russell, Richard (EPW) Cc: Trenti, Beth (EPW) Subject : RE: streamlining Hey Richard, So, I really want DJ in the meeting since this really is both a CEQ/NEC exercise on the infra package; however he is taking much needed vacation this week. CEQ has the EO and other elements it is doing administratively but I want DJ, Mary and, scheduling allowing, Catanzaro, in the room with us all when talking legislative ideas. Can I coordinate schedules this week on my end, with the idea of doing something very early next week when DJ returns? AMERICA!\ pVERSIGHT 2 CEQ050FY18091 _000003207 CEQ-18-0173-L-000041 From : Russell, Richard (EPW) [mailto:Richard Russell@epw.senate.gov ] Sent : Monday, October 23, 2017 12 :11 PM To : Herrgott, Alex H. EOP/CEQ (b) (6) Cc: Trenti, Beth (EPW) Subject : streamlining Do we have a time yet for Wednesday to get folks together to read-through the streamlining sect ion? Richard Russ ell Staff Director Envi ronm ent & Public Works Committee AMER C Af\ pVERSIGHT 3 CEQ050FY18091_000003207 CEQ-18-0173-L-000042 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 July 30, 2019 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 13 Dear Mr. Evers: This letter is the thirteenth production response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ is conducting a search for responsive documents. For this thirteenth production, we have processed an additional 200 records and identified 121 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 413 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted email addresses and phone numbers. We have determined that exemptions be applied in 13 redaction instance pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. Page 1 of 2 You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 RE: DOT Re uest: NEC infrastructure From: "Hines , Shannon (Rules)" To: "Herrgott, Alex H. EOP/CEQ " Cc: "Deci, Jen (Banking)" Date: Thu , 18 May 2017 16:56:40 -0400 What's the deal with the bulJet on requiring tax increment financing as a condition off unding? -----Original Message~---From: HeITgon, Alex H. EOP/CEQ [maillo Sent: ThUJsday,May 18, 2017 4:52 PM To: Hines, Shannon (Rules) Subject: FW: DOT Request: NEC infrastructure proposal -----Original Message----From: Herrgott, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:51 PM To: 'Deci, Jen {Banking)' Subject: FW: DOT Request: NEC infrastructure proposal -----Original Message----From: Herrgon, Alex H. EOP/CEQ Sent: Thursday, May J8, 2017 4:34 PM To: 'j.ray@dot.gov' Subject: DOT Request NEC infrastructure proposal Jimmy, I need you give rue a shout abou! this. We need help building out context for these sections and really need this to be done by COB Monday. We may need to have a bill ready to go by end of next week. For each of the bulleted items in Title II, we need you to build out the explanation of your proposal so that the existing ptoblem and the proposed solt1tlon are clear. ln the explanation, you should briefly identify rh.elaw or program as it currently exists: identify the problem (or missed opportunity) that this creates: and explain how we propose to fix it. The explanations should be short, but should provide enough context so Uiatanyone reading lt cau understand why the proposal is needed and what it will solve or accomplish. A template you could follow is: * Proposal title or description The current Jaw is ----- * * * ---- This creates a problem because ________ Doiug _ will address this problem. For example: * ELiminateMajor Project oversight requirements for projects that are more routi11efor FHWA and DOTs, o Currently, Major Project oversight requirements apply to all projects that are over $500 million. This adds unnecessary oversight requirements to projects that are routine for FHWA and DOTs. o C EQ050 FY 18091 _ 000002794 CEQ-18-0173-M-000001 o Amending23 U.S .C. 106(h) to raisethe thresholdfor Major Projects from $500Mto $ lB will remove unnecessaryoversightfrom smaller, less complexprojects that are routinelymanagedby FHWA and DOTs. TI1isfonnat doesn'tneed to be followedexactly, but each proposal should have enough explanationto makeclear what currentlyexists today and how we propose to ~hangeit to make it better, Alex AlexanderHerrgon Associate Director for Infrastructure Council on Environmental Quality 2 CEQ050FY18091_000002794 CEQ-18-0173-M-000002 RE: DOT Re uest: NEC infrastructure From : "Fuchs, Patrick (Comme rce)" To: "Herrgott, Alex H. EOP/C EQ" Date: Fri, 19 May 2017 17:10:06 -0400 Meant for me? Thanks. Patrick Fuchs -----Original Message----From: Hmgott , Alex H. BOP/CEQ [maillo Sent P1iday,May 19, 20 17 5:09 PM To: Fuchs, Patrick (Commerce) Subject: Re, DOT Request: NEC in.liastructw-eproposal Sent from my iPhone On May 18, 20 17, at 6:25 PM , FuclJs. Pahick (Commerce) > wrote: And here are some i-hestreamlining and financing changes from tl1elist sent by Adrian. These are not as wild as the ideas just sent. FRA CategoricalExclusions (CEs) for Railroad Projects As directed by the FAST Act, in June 2016 , FRA publislled a notice proposing two new CEs - concerning geoteclrnical investigationsand refinancing activities - from review under fue Natio.ual EnvirollllientaJPolicy Act. CEs are actions tb.atgenerally do not necessitate an environmental assessment or environmental impact statement. FRA received public comment for eight additional CEs that are applicable to highway projects but not for rail projects (e.g., installation of fencing, shelters, warning devices where no substantial laud acquisiliou or traffic disruption occurs). It also received comment to modify and expand two existing CEs conce,ning lilhited maintenance and rail line addition activities. To date, FRA has not finalized the two proposed CEs, eight suggested additions, or two suggested modific ations . Industry points out that the limited list of CEs for rail, compared to highways, adds unnecessruy time and cost to rail infrastructureprojects. 8 1 FR 35437 (20 16 notice); 78 FR 2713 (2013 notice setting out a list of CEs). Note: FRA lists its CEs in policy guidance, Expand the CEs for rail projects to include tbe CEs applicable t.oother modes ~mdto incorporate other suggestions from public commenters. AAR FRA RRJF Cohorts The Railroad Rehabilitation and Improvemeut Financing (RRJF) program collects credit risk premiums (CRPs) from bonowers to offset tb.e risk of dfrect loans. A CRP is a surcllargebased on a botTower's creditworthiness. DOT is required to refund CRPs, minus any losses, when all offhe loans in a coho1tare repaid. The problem is that, over CEQ050 FY 18091 _ 000002791 CEQ-18-0173-M-000003 the life of the RRJF program, DOT b.asfailed to defme a cohort, so no borrower basreceived a refund of its CRP funds that could be used to reinvest in infrastructure. Rather than defining cohort as all loans in a fiscal year, a definition cousistent w ith reglLlations and legislative intent, DOT's failw-e Loact has implied a single cohort of all RRIF loans - a legally dubious outcome hannful to reinvestment. Thus, despite repaying their loans, and receiving their loans in fiscal years in which all other borrowers have repaid, several railroads - mostly small businesses - have had lheir CRPs lied up at DOT. With a fiscal year cohort definition, over $15 m.ilJiouin CRPs would eJigible for refunds and another $25 million in CRPs would be eligible in a shon:erperiod of time. 45 U.S.C. 822 , prior to euaclment of the FAST Act (Note: the loans eligible for a refund were provided prior Lothe FAST Act, which eliminated this requirement going forward.) Define RRIFcohorts on a fiscal year basis, facilitating refunds and enabling private capitaJ reinvestment. Chambers. Conlon & Hartwell, on behalf of NRCMA and ASLRRA FRA Section I 06 Exempt1011 for Railroad ProJects The FAST Act directed tb.e FRA to propose, and the Advisory Couu.cil on Historic Preservation (ACHP) to finalize, an exemption from Section L06review for raUroadpr~jects that is similar to the exemprjon granted for highway projectsin 2005. SectionI06 is a bistmi.cpersevera tionconsultationandanalysisprocess. Wllile FRAbas developed its proposal. tl1eACHP is yet to finalize its exemption, which is due no later tban June 20 17. Though ACHP is an i11depeJ1dent agency, and ii bas no1 yet missed any statutory deadfine, industry states the finalization of this exemption would be one of the FAST Act's most important provisions to accelerate the delivery of rail infrastrncture projects. 49 u.s.c.24202 Workwiili the AC.HP to fu1alize the Section J06 exemption for railroad projects AAR, BNSF Railway FRA Advance acquisition For some types of projects , the Moving Ahead for Progress ii1the 2 1st Cenhliy Act (MAP-21) allowed, with various conditions, the acquisition of certain property interests prior to the completio.oofU1e National Environmental Policy Act review for the full project. Tb.is authority expedites properly acqufaition that is ofteJJesseJJtial for project development, saving time and money. However, it a_pplics lo projects tmder Title 23 , such as highway pr~jccts, but not railroad projects under Title 49 . 23 U.S.C. 108 Apply modified and expanded version of U1eadvance acquisition framework to rail projects. Amtrak Patrick Fuchs From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 6: 13 PM To: 'Herrgott, Alex H. EOP/CEQ' 2 CEQ050FY 18091_ 000002791 CEQ-18-0173-M-000004 Some ideas for the buckets I mentioned (some of which are wild, some of which I don't necessarily supp011) -I. RRlF (about $30 billion in unused loan authority): * Loan tenns. You could extend the po1e11tialloan term window from 35 to 50 years . (45 USC 822g) * Master credit agreements. You could amend the master credit agreemen t subsection (45 USC 822m), so that the trigger for payback of each of the loans in tJ1emaste r credit agreement is five years from the date of substanti11I completion oru1e last project in the agreement Right now, 1mder 822j, it's the date of substantial completion of the project , not the last project in au agreement This is a bit wild and out there , and l'm not sme l fully agree with il But let's say you financed some of Gateway with a RRIF loan master credit agreement that included the tunnels and the statioIL Under this, the loau wouldn't pay back until the last project (the station) was complete. You might finish the tunnels in 2022 and the station in 2027, so your payback for both starts iu 2032. Ou some level, this makes sense , because you don't get the full operational bene.fits (going from two to four tracks in NYC) until all projects are complete. It would be a huge boon to big related projects to essentially delay payment until many years down the li11e. * Enviro /procurement law. As you know, a big hurdle for the program is the applicability of NEPA, Buy America, and other Federal procurement laws. The NEPA process generally must be complete before consideration ofa loan. Understanding that you may not be able to do anyth ing on Buy America , it may be good if the loans we re treated more like private sector money for the pw-poses of environmental and other procurement law. * * CRP funding. T think you already hit on subsid izing credi t risk premiwns for RRIF loans. 2. Amtrak (about $ 1.4 billion) Loan guarantees at the lender level. Many folks on our side won't like this, but some people I.Jave suggested using the loan guarantee aspect of RRIF more often . lfyou were to get wild , you could use the loan guarantee to back approved rail lender s, who would then prov ide Federally-backed Loans. You could focus on the lender and set requirement s for tbe lender , instead of a Federal decision on each loan. This would eliminate some of the hassle of going through the Federal process , and it is similar to how some other agencies subsidize loa11S. * Long distauce route corridors. We spend about $700 million on long distance route (over 750 miles), and states pay-in almost nothing. It's about half of the total Amtrak subsidy , and it's only 15 percent of riders. Meanwhile , state-supported routes (under 750 miles) are balfthe riders , and the federal governmen t pays very little. You could set-up long distance route corridors (all the states iu a route) and require benefit ing states to pay-in 50 percent to fUlld their long distance routes. This would draw-in more money to the system. lfy01 1wanted to, you could provide au out, so states along a route could vote to receive block gran ts for investmen t instead of long distance se1vice. We'd need to think through the federalism issues . * lntercity passenger transportaLion grants. Instead or lbe $700 million on long distance servic e, you could block grant it ,vith state/local match requirements . States may choose to subsidi ze bus service and serve 1uore people. As I have mentio ned to you before , you'd need to allocate some of the money to pay labor severance and other trans itional costs . * Compe tition. You cou ld issue the final rule allowing alternat ive passen ger rai l carriers (e.g., Herzog) to compete for Amtrak long distance routes if they can provide the same level of service for 90 percent of the costs or less. 3. Grant programs (about $98 milliou ) Federa l-state partn ersh ip match. Shuster's bill bad the Federal match at 50 percent, and the final biU had it 80 percent. Coos idering tbat Amtrak would be matcWng, and could draw money in from commuter railroads (indirectly or directly), I suppose a 50 percent match cm~d leverage more investment. Thjs is small ball though - lbe program is $25 million, and it's probably not worth any questions from those in the NE. * 3 CEQ050FY18091 _000002791 CEQ-18-0173-M-000005 4. * Ta'< I- 45G. As discussed,you CO\tldmake Ulispermanent Patrick Fuchs -----Original Mcssagc---From: Fuchs, Patrick (Commerce) Sent: Thursday, May 18, 2017 5:25 PM To: 'Herrgott, Alex H. EOP/CBQ' > Subject: FW: DOT Request:NEC infrastructureproposal Give me a shoat ----Original Message-From: HerrgotL.Alex H. EOP/CEQ Sent: Thursday,May 18, 2017 4:51 PM To: 'Deci, Jen (Bankin g)' > Subject: FW: DOT Request:NEC infrastructure proposal -----Original Message----From: Herrgon, Alex H. EOP/CEQ Sent: Thursday, May 18, 2017 4:34 PM To: 'j.ray@dot.gov' > Subject: DOT Reques1:NEC infrastructureproposal Jimmy, l need you gjve me a shout about this. We ueed help building out context for these sections and really need this to be done by COB Monday. We may ueed to have a bill ready to go by end of next week. For each of the bLtlleredhems in Title TI, we need you to build out the explanation of your proposal so tharthe existing problem and fue proposed solution are clear, In the explanation, yoL L should briefly idenliiy l.helaw or 4 CEQ050FY18091_000002791 CEQ-18-0173-M-000006 program as it currently exists; identify the _problem(or missed oppor1unity) that this creates; and explain how we propose 10 fix iL The explanations should be short, but should provide enougll context so tllat anyone reading it can understand why the proposal is needed and wJiat ii will solve or accomplish. A template you could follow is: "' Proposal title or description * The cuITcnl law is ________ * This creates a problem because ________ * Doing ______________ _ _ w ill address this prob lem . For example: * Eliminate Major Pr~ject oversight requirements for pr~jects that are more routine for FHWA and DOTs. o Ctmenily. M~jorProject oversight requirements apply to all pr~iects that are over $500 million. o This adds unnecessary ovetsight requiremen ts lo projects that are rou1ii1efor FHWA and DOTs. o Amending 23 U.S.C. 106(h) to raise the threshold for Major Projects from $500M 10 $ IB will remove.unnecessaryoversight from smaller, less complex projects tJmt are routinely managed by FHW A and DOTs. Il1is fonnat doesn't need to be followed exactJy.but each proposal sbould have enougb explanation to make clear what currently exists today and how we propose to c.bangeit to make it better. Alex Alexander Hen-gott Associate Director for Infrastructure Council on EnvironmentalQuality 5 CEQ050FY 18091 _ 000002791 CEQ-18-0173-M-000007 RE: TechnicalAssistanceRequestto EPW From: "Donaldson , Teri (EPW)" To: "Herrgott , Alex H. EOP/C EQ" Cc: "Newman , Chris (EPW)" Date: Thu , 07 Dec 2017 14:08:28-0500 Thank you, Alex. Teri o..o-Original Message----From: Herrgon, Alex H. EOP/CEQ [mam Sent:Thursday, December7, 2017 12:21 PM To: Donaldson, Teri (EPW) Cc: Newman, Chris (EPW) Subject: Technical Assistance Request to EPW Teri, Per our discussion, and your request for technical assistance, You could potentially reply to oue of the emails tbat April and I bave received from Chris Newmau or transmit in 1-1 separatestand-alonee-mail. Thanks , Alex Alexander Herrgott Associate Director for lnfrastrncture Council on Envirollllental Quality - CEQ050FY18091_000001672 CEQ-18-0173-M-000008 Technical Assistance Re uest to EPW From : "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization /ou =exchange administrative group (fydibohf23spdlt)/cn =recipients /cn =45656107f8dc4dc 18bb681 d 14e44c8e9 -he"> To : "Dona ldson , Teri (EPW)" Cc: "Newman , Chris (EPW)" Date : Thu , 07 Dec 2017 12:21 :16 -0500 Attachm ent s: OAOO_P roposal 113017.docx (19 .93 kB) Per our discussion, and your request for technical assistance You could potentially reply to one of the emails that April and I have received from Chris Newman or transmit in a separate stand-alone e-mail. Thanks, Alex Alexander Hei:rgolt Associate Director for Infrastructure Council on Environmental Quality - CEQ050FY18091 _ 000002860 CEQ-18-0173-M-000009 Infrastructure Workin Lunch Pt 2 Where: Ward Room When . Thu Jan 18 12:00:00 2018 (America/New_ York) Until: Thu Jan 18 13:00:00 2018 (America/New_Yo rk) Organiser: "Georges , Liza B. EOP/WHO" <"/o=exchange organization/ou:exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=0c216fca 18e543a 7b4e5b64e384598cb-ge"> Required Attendees Optional Attendee : "Gribbin , DJ J . EOP/WHO" "Cardish , Reed S . EOP/WH " "Pataki , T1mA . EOP/WHO" "Lai, Joseph G . EOP/WHO' ' ''Van Doren , Terry (McConne To: "Neely , Amanda (HSGAC)" Date : Tue , 16 Jan 2018 19:22:06 -0500 How about 4:30 - From: Neely, Amanda (HSGAC) [mai lto:Amanda_Neely@hsgac .senate.gov] Sent: Tuesday , January 16, 2018 6:27 PM To : Herrgott, Alex H. EOP/CEQ Subj ect ; call Time to talk permitting tomorrow? I'm free after 3: l 5 or so. Thanks! Amanda H. Neely GeneralCounsel lo Senator Rob Portman Deputy ChiefCoWJsel,PermanentSubcommitteeon Investigations United States Senate / Amanda_Neely@HSGAC.Senate.Gov 1 CEQ050FY18091_000001057 CEQ-18-0173-M-000015 call From: "Neely, Amanda (HSGAC)" To : "Herrgott, Alex H. EOP/CEQ" Date : Tue , 16 Jan 2018 18:27:02 -0500 Time to talk pennitting tomorrow ? I'm free after 3: 15 or so. Thanks! Amanda H. Neely General Counsel lo Senator Rob Portman Deputy Chief Counsel,Permanent Subcommitteeon Investigations United States Senate / Amanda_Neely@HSGAC.Senate.Gov 1 CEQ050FY18091 _0 0000314 4 CEQ-18-0173-M-000016 Fla From: "Arnakis . Adr ian (Commerce)" To: "Herrgott, A lex H. EOP/CEQ" EOP/WHO" Date: Tue, 16 Jan 2018 17:29 :31 -0500 Atta chment s: "Gribbin, DJ J. 20180117 - Broadband Caucus letter to Trump.pdf (295 .24 kB) Just wanted you to see what is coming your way . ama CEQ050FY18091 _ 000003145 CEQ-18-0173-M-000017 1Unitcd ~ tares ~ cnatr WASHINGTON, DC 20510 January 17. 20 1& President Donald J. Trump White House 1600 Pennsylvania /\ venue Washington. DC 20500 Dear Mr. President: As yo u consider a plan to address rhe infrastructure needs or our country, the co-chairs oft he bipartisan Senate Broadband Caucus write to urge you 10 include dedicated , stand-alone funding for broadband deployment. Our rural communities have connectivity needs that arc not being met. limiting economic oppor tunity and growth. Prioritizing direct runding support for broadband deployment in an infrastructure package will help close the digital divide and ensure our country maintains its global competi tiveness. Policies that encourage investment in communications infrastructure and streamline the construction process will help speed up the deployment of high-speed broadband. llo wever, these policies must support, not replace, investments in rural America. rn parts of the country where geography or population dens ity make deploying and maintaining broadbnnd networks a significnnt challenge. stand-alone support will help bring economic and social benelits for rurnl consumers. Bringing new telecommunication s infrastructure Lo unserved consumers in the most rural. lowdensity purls of the t:ountry can be aided by direct ll!dcral investments. In these communities. generating private investment can be difficult. Without dedicated fimding for broadband deployment. proposals 10 bring broadband to unserved areas may struggle to compete with other larger infrastructure projects. Stand-alone funding f'or broadband will ensure that telecommunications infrastructure is advanced alongside needed upgrades to our roads, rail. bridges. ports and waterways. There is strong bipartisan support for including broadband funding in an infrastructure packngc. Boosting cun-ent investments in broadband deployment will provide new economic opportunities in communities that arc struggling lo compete. Expanding access to broadband is the infrastructure challenge orour generation and an infrastructure plan for the 2 1st century must address the.:broadband connectivity issues facing rural Americn. Thank you for your attention to this important request. We look forward to working with you 0 11 this critical issue. Sincerely. CEQ050FY18091_000003146 CEQ-18-0173-M-000018 o /~~:i!t~ o~ United States Senator Angus . King, Jr. United States Senator ~B~~- e United States Senator l~~L~~ United States Senator 2 CEQ050FY18091_000003146 CEQ-18-0173-M-000019 RE: call From: "Neely, Amanda (HSGAC)" To: "Herrgott, Alex H. EOP/C EQ" Date: Wed, 17 Jan 2018 09 :23 :36 -0500 Great, thanks. Will call then. Amamfa H. N eely GeneralCounsel to SenatorRob Portman Deputy Chief Counsel, PermanentSubcommitteeon Investigations United States Senate / Amanda_Neely@HSGAC.Senate.Gov From: Herrgott, Alex H. EOP/CEQ [mailt Sent : Tuesday,January 16, 2018 7:22 P To: Neely, Amanda(HSGAC) Subject: RE: call How about 4:30 From: Neely, Amanda (HSGAC)[mailto:Amanda Sent: Tuesday, January 16, 2018 6:27 PM To: Herrgott, Alex H. EOP/CEQ Subject:ca II Neely@hsgac.senate .gov] Time to talk permitt ing tomorrow? I'm free after 3: 15 or so. Thanks! Am anda H. Neely GeneralCounsel to SenatorRob Portman Deputy Chief Counsel, PermanentSubcommitteeon Investigations United States Senate I Amanda Neely@HSGAC.Senate.Gov 1 CEQ050FY18091 _ 000001635 CEQ-18-0173-M-000020 Re:call From: "Neely , Amanda (HSGAC )" To: "Herrgott, Alex H. EOP/CEQ" Date : Thu . 18 Jan 20 18 21:20 :13 -05 00 Has mining been added in yet? I wasn't sure if tha t was on the last meeting's agenda or the next one. Thanks! Sent from my iPbone On Jan 16, 2018, at 7:22 PM , Herrgolt, Alex H. EOP /CEQ How about 4 :30 - From: Neely, Amanda (HSGAC) [mailto:Amanda Sent: Tuesday, January 16, 2018 6:27 PM Neely@hsgac .senate.gov 1 To: Herrgott , Alex H. EOP/CEQ Subject:call Time to talk permilting tomorrow? I'm free after 3: J 5 or so. Thanks ! Amanda H. Neely General Counsel to Senator Rob Portman Deputy Chief Counsel, Permanent Subcommillee011 Investigations United States Senate I Amanda Neely@HSGAC.Senate.Gov 1 CEQ050FY18091 _0 00003141 CEQ-18-0173-M-000021 Re: Infrastructure Workin Lunch Pt 2 From To: "Antell, Geoffrey" "Gribbin, DJ J. EOP/W HO" "Georges , Liza B. EOP/WHO" EOP/WHO" Cc: Date : Thu , 18 Jan 2018 12:04 :15 -0500 Coming through now Geoffrey A.nteU Office of the Speaker > On Jan 18,2018, at 12:02 PM, Gribbin, DJ J. EOP/WHO > > Are you in? > > Sent from my iPhone > >> On Jan 18, 2018 , al 11:50 AM, Antell, Geoffrey wrote: >> >> Neillter Terry nor I are cleared lo come in. On L7tll entrance. >> >> Geoffrey Antell >> Office of the Speaker >> >> >>> On Jan 11, 2018, at 8:03 AM, Georges, Liza B. EOP/WHO >>> >>> Attendees: >>> Reed Cordish >>> Joseph La i >>> Tim Pataki >>> Alex Herrgoll >>> DJ Gribbin >>> Terry Van Doren >>> Geoff Antell >>> >>> CEQ050FY18091_000003142 CEQ-18-0173-M-000022 FW: call Fro m "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9 -he"> To: "Neely , Amanda (HSGAC)" Date: Tue , 23 Jan 2018 14:31:54 -0500 Garrett Graves Hagan, Allison From: Neely, Amanda (HSGAC) [mai lto:Amanda_Neely@hsgac.senate.gov] Sent; Thursday, January 18, 2018 9:20 PM To: Herrgott, Alex H. EOP/CEQ Subject: Re: call Has mining been added in yet? I wasn't sure if that was on the last meeting's agenda or the next one. Thanks! Sent from my iPhone On Jan 16, 2018, at 7 :22 PM, Herrgott, Alex H. EOP/CEQ rote: How about 4:30 - From: Neely, Amanda (HSGAC) [mailto:Amanda Sent:Tuesday, January 16, 2018 6:27 PM To: Herrgott, Alex H. EOP/CEQ Subject:call Neely@hsgac.senate.gov ] Time to talk permitting tomorrow? I'm free after 3:15 or so. Thanks! Ama nda H. Neely Gener,tlCounsel lo SenatorRob Ponmru1 Deputy Chief Counsel, Pennaneot Subcommitteeon Investigations U nited States Senate / Amanda Nee ly@RSGAC.Senate .Gov 1 CEQ050FY18091 _ 000000774 CEQ-18-0173-M-000023 Re: Veterans Affairs From "Herr,gott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)lcn =recipients/cn =45656107f8dc4dc18bb681d14e44c8e9 -he"> To : "Van Doren, Terry (McConnell)" Cc : "Lai, Joseph G . EOP/WHO" Date: Thu, 25 Jan 201817:58:43 -0500 I'm goodat9 Sent from my iPhone On fan 25, 2018 , at 5:57 PM.Van Doren , Terry (McConne ll) wrote: Can you brief Vetera ns Affa irs Committ ee staff on their jurisdiotional portions of your infrastructure package? Bob Henke, their staff director, is available Tuesday at 9AM or NOON . Do either of those time s wo rk for y 'all? We can hos t here in the Cap itol. Just let me know please. Thanks in advance . Terry Van Doren Policy Advisor Office of Majority L eader McConnell Washington , D C 205 10 CEQ050 FY18091_0 00000738 CEQ-18-0173-M-000024 RE: Veterans Affairs From: "Van Doren . Terry (McConnell)" To: "Herrgott, Alex H. EOP/C EQ" Cc : "Lai, Joseph G . EOP/WHO" Date : Thu, 25 Jan 2018 18:00:32 -0 500 Joe? Terry Van Doren Policy Advisor Office of Majority Leader McConnell Was hington , DC 20510 From: Herrgott, Alex H. EOP/CEQ [mailto Sent: Thursday , January 25, 2018 5:59 PM To: Van Doren , Terry (McConnell) Cc: Lai, Joseph G. EOP/WHO Subject: Re: Veterans Affairs I'm good at 9 Sent from my iPhone On Jan 25, 2018 , at 5:57 PM, Van Doren , Terry (McConnell) wrote: Can you b rief Vetera ns Affairs Commi ttee staff on their jurisd ictional portions of your infrastruct ure pac kage? B ob Henke , their staff director, is available Tuesday at 9AM or NOON. D o either of those times work for y'al l? We can host here in the Capito L Just let me know p lease. Thanks in advance. Terry Van Doren Policy Advisor Office of Majority Leader McConne l I Was hington, DC 205 l0 CEQ050FY18091_000002313 CEQ-18-0173-M-000025 Re: Veterans Affairs From: To: "Van Doren, Terry (McConnell)" Cc : "Lai , Joseph G . EOP/WHO" Date : Thu, 25 Jan 2018 17:58:42 -0500 I'm good at 9 Sent from my iPhone On Jan 25 , 2018 , at 5:57 PM, Van Doren, Terry (McConnell ) ,vrote : Can you bri ef Veterans Affairs Committ ee staff on their jur isdictional p01t ions of your infrastruc tur e package? Bob Henke, their staff director, is available Tuesday at 9AM or NOON. Do either of those times work for y'all? We can host here in the CapitoL Just let me know please. Thanks in advance. Terry Van Doren Pol icy Advisor Office of Majority Leader McCo nn e.11 Washington , DC 20510 1 CEQ050FY18091_000002929 CEQ-18-0173-M-000026 Veterans Affairs From "Van Doren, Terry (McConnell )" , "Herrgott , Alex H. EOP/CEQ" To : Date: Thu , 25 Jan 2018 17:57:38 -0500 Can you brief Vete rans Affairs Comm ittee staff on.their juri sdictional portions of your infra structure packa ge? Bob Henke , their staff director, is avai lable Tuesday at 9AM or NOON . D o either of those times work for y ' all? We can host here in the Capitol. Just let me know please. Thank s in advanc e. Terry Van Doren Po licy Advisor Office of Major ity Leade r McCo nnell Wa shington , DC 20510 CEQ050 FY18091_0 00003134 CEQ-18-0173-M-000027 RE : WSJ (TJD quoted): Trump's Infrastructure Push Targets Permit Rules From "Holland, Luke (lnhofe )" To: "Herrgott, Alex H. EOP/CEQ" , "Forbes , Andrew (lnhofe)" , "Wright , Jennie (lnhofe)" Date: Thu , 25 Jan 2018 16:'22:22 -0500 Not an Amy Harder article! From: Herrgott, Alex H. EOP/CEQ[ma llto Sent : Thursday, January 25, 2018 4:2 1 PM To: Holland, Luke (lnhofe ) ; Forbes, Andrew {lnhofe) ; Wr ight, Jennie (lnho fe) Subject: FW: WSJ (TJDquoted): Trump's Infrastructure Push Targets Permit Rules "one federal decision" is going to be a key talking point. >> bttps: //wwvv.wsj .com/artic les/trump s-infrastructure -push -targets -permit-rules -15168 76202<<: Trump's I nfrastructure Push Targets Per mit Rules Administrationlooks to streamlineprocessfor hut/ding roads and bridges, bur opponents see r;sky environmentalagenda Wall Street Journal By Ted Mann January 25 , 2018 U.S. Chamber of Commerce P resident Thomas Do nohue last week was nearing the end of a speech w-ging Congress to rebuild the nation's infrast ructure when he offere d another option : At least make it easier to build things when the money can be found . ..l f we j ust fix t he permit ting thing this year , yo u would create an extraor dinary enthusiasm about mov ing forward ," Mr . Donohue said , at a special fonn11on infrastructure in which he urged Lawmakers to take tough votes , inc luding 011 raising gasoline taxes , in a midtemJ election year . Presiden t Donald Tmmp hasn ' t said where he will find $200 billion in budget savings that the White House says it will use as a down payment on an infrastructure package that i t hopes w ill gene rate more than $ 1 trillion in spending o ver l O years . But mouey isn ' t goiJ1gto be the only impetus mthe president ' s infrash.ucture push. The administration is hoping to roll back regulations in place for deca des to reduce the period between projec t approv al and cons truction , lim iting en vironmental reviews and liti gation in fa vor of getting big things built . The effort is likely to face resi stan ce from environmental groups and their Democra tic allies in Congress. But the president's advisers believe they can alter the permitting process in ways that change how the government build s roads , bri dges , rai ls and pipel ines for years to come. CEQ050 FY18091 _ 000003135 CEQ-18-0173-M-000028 " cgardlcss ofwbat happens with the legislative package, I think one oftbe most important things this administration can do is take permit de livery times from what is now an average of 4.7 years down to two years, " said Alexa nder Herrgott, the lead infrastructure aide on the White House 's Council on Environmental Quality.,_at a conference in Washington this mo nth. "I truly believe it's politics-agnostic , and someth ing that wiU outlive this administrat ion," he added. The campaign is part of a broad Trump administration effort to roll back regulations and constraints on business across the federa l government. Mr. Tnunp has said be hopes to cut back the vo lume of federa l regulations to levels of the I 960s . That deregulatory agenda has drawn support from business groups who say it will boost the economy , but it has prompted concern from environmental advocates and consumer groups who warn tbat the administration risks undoing years of _progress in reducing accide nts and pollution. Previous presidents have tried to streamline the federal permitting process as a way to jump-start rebuilding of the nation's critical infrastructure. That includes President Barack Obama , who signed the FAST Act in 2015 , a bipartisan transportation funding package that created a federal permitting improvement council aimed at speeding up the environmental review process. Mr. Obama also issued executive orders, as Mr. Trump as, aimed at improving the efficiency of such reviews. Mr. Tru mp and his aides have cited studies suggesting that enviro nmenta l review can often take a decade, and calling for that period to be reduced to two years. A Governmen t Accountability Office study of the environmental review process in 2014 cited third-party estimates that reviews average 4.6 years. Outside experts say actual review times vary widely based on the scope of a project and other environmental factors. The Trump team ' s goals have alarmed environmental groups and others who say they believe that the administration's plans are less focused on gove rnment efficiency and more on altering the w1derlying environmental statutes, like the Clean Water Act and Clean Air Act , that dictate what factors must be reviewed before a new highway or pipeline can be approved for construction . "We've been very clear in all of our discussions that their infrastructure package is not an infrastructure package~it is an environmental deregulation package ," said Christy Goldfuss, who was managing director of the Council on Environmental Quality Wlder Mr. Obama and now oversees environmental and energy policy at the liberal th.ink tank the Center for Ame rican Progress. The key to speeding up environmental reviews is better funding and staffing of the agencies that perform the work required by environmental statutes , Ms. Goldfuss said in an interview. Mr. Herrgott and others in the admi nistratio n say they intend to retai n protections for the environme nt, in balance with the needs of local government and private industry to build infrastructure in a timely fashion. They also say that a stream] ining would strip out years' worth of un intentional clutter in the permit process that has lengthened approval times ~and in some cases allows opponents of projects to delay construction. " We are where we are because of the pancake effect ," said James Ray, a top infrastructure adviser to Transportation Secretary Elaine Chao, at the Transp01tatio n Research Board conference this month , where he appeared alongside Mr. Herrgott. "No one would write the exact process out that we have today if they were given a clean sheet of paper , and so things layer on to~ of themselves in ways tha~ sometimes make sense and sometimes don ' t.'' 2 CEQ050FY18091_ 000003135 CEQ-18-0173-M-000029 Business interests were pleased with an executive order Mr. Trnmp issued in August, which required federal agencies to coordi nate from the earliest stages of a project review, with the goal of making a "single federal decision " on whether a prqject could move ahead on environme ntal grou nds. The order is intended to compress the timeline of environmental reviews. The administration is confident that jt can get bipartisan support, especially from mayors and governors eager to drive their own local bujlding projects ahead quickly. A senior Wbite House official involved in drafting the infrastructure plan said in August that a delegation of local officials from Florida burst into applause after being briefed on the single federal decision executive order. In an interview this week, a Los Angeles city official described the struggle to get various federal approvals before moving ahead with critical infrastructure projects , including a subway line extension to serve a Department of Veterans Affairs hospital and an expansion of the Crenshaw light rail line to Los Angeles International Airport. The latter required signoffs from agencies including the Federal Aviation Administration and the Federal Transit Administration. " If we're going to expedite , we 've got to be very careful on a lot of environmental impacts ," the official said, but the process of winning federal approvals was "cumbersome ." Approvals extend project tirnelines, driving up costs, this person said "You're doing more work than you really need to do." 3 CEQ050FY18091 _000003135 CEQ-18-0173-M-000030 Re: Veterans Affairs From: "Lai, Joseph G . EOP/WHO" To: "Van Doren, Terry (McConnell)" Cc: "Herrgott , Alex H. EOP/CEQ" Date : Fri, 26 Jan 2018 12:22:03 -0 500 Good wme! Sent from my iPhone On Jan 26 , 2018 , at 12:21 PM, Van Doren , Terry (McConnell) wrote : Tuesday at 9:30 can work for us. I assum e thi s one will be relative ly short , since you are on ly touch ing on the vetera ns specific port ions of the proposal. Le t me know if we are confirm ed . I'll get us a room in the Capi tol. Thanks for doing all of these. TVD Terry Van Doren Policy Advisor Office of Majority Lead er McConnell Washington , DC 20510 From:Lai, Joseph G. EOP/WHO [mailt< Sent: Friday, January 26, 2018 8:48 AM To: Van Doren, Terry (McConnell) Cc: Herrgott , Alex H. EOP/CEQ Subject: Re: Veterans Affairs Anyway we can do Tuesday 930AM? I have a SOTU meeting that ends at 9am. Joseph Lai Special Assistant to the President legislative Affairs The White House Mobile: Sent from my iPhone On Jan 25, 2018, at 6:00 PM, Van Doren, Terry (McConnell) wrote: Joe? 1 CEQ050FY18091_000001613 CEQ-18-0173-M-000031 Te rry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 205 J 0 ... oo . o oo o : : I . . o o oo o .: . Subject : Re: Veterans Affairs I'm good at9 Sent from my iPhone On Jan 25, 2018, at 5:57 PM, Van Doren, Terry (McConnell) wrote: Can you brief Veterans Affairs Committee staff on their juri sdictio nal portions of your infrastrucnrre package? Bob Henke , their staff director , is available Tue sday at 9AM or NOON . Do eithe r of those times work for y 'all? We can host here in the Capi tol. Ju st let m e know please. Thanks in advance. Terry Van Doren P olicy Adv iso r Office of Majority Leade r McConnell Was hington , DC 2051 0 2 CEQ050FY18091_000001613 CEQ-18-0173-M-000032 Re: Veterans Affairs From: "Lai, Joseph G . EOP/WHO" To: "Van Doren, Terry (McConnell)" Cc : "Herrgott , A lex H. EOP/CEQ" Date : Fri, 26 Jan 2018 08:47:35 -0 500 Anyway we can do Tuesday 930AM? I have a SOTU meeting that endsat 9am. Joseph Lai Spec ial Assistant to the Pres ident Legislative Affairs Toe WhiteHouse MobiJe:- Sent frommy iPhone On Jan 25, 2018, at 6:00 PM, VanDoren, Terry (McConnell) wrote: foe? Te1.1.yVan Doren Policy Advisor Office of Majority Leader McCo Dilell Washington, D C 205 10 From: Herrgott, Alex H. EOP/CEQ[mailt o Sent: Thursday, January 25, 2018 5:59 PM To : Van Doren, Terry (McConnel l) Cc:Lai, Joseph G. EOP/WHO Subject:Re: Vete rans Affairs I'm good at 9 Sent from my iPhone On Jan 25, 2018, at 5:57 PM, Van Doren, Terry (McConnell) wrot e: Can you brief Vete ran s Affairs Committ ee staff on their juri sdict ional portion s of your infra structure package? Bob Henke , their staff director, is availa ble Tu esday at 9AM or NOON . Do eith er of those times work for y'al l? We can host here in the Cap itol. Just let me know please . Thank s in advance. 1 CEQ050FY18091 _0 00001616 CEQ-18-0173-M-000033 Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 2051 O 2 CEQ050FY18091 _0 00001616 CEQ-18-0173-M-000034 RE: Veterans Affairs From: "Van Doren , Terry (McConnell)" To: "Lai, Joseph G. EOP/WHO" Cc: "Herrgott , Alex H. EOP/CEQ" Date: Fri, 26 Jan 2018 09 :30:28 -0500 Let me ch eck with Tom in our office. It should wo rk for Commit tee. Terry Van Doren Po licy Advisor Office of Majority Leader Mc Connell Was hington , DC 20510 From: Lai, Joseph G. EOP/WHO [mailt Sent: Friday, January 26, 2018 8:48 AM To: Van Doren, Terry (McConnell) Cc: Herrgott, Alex H. EOP/CEQ Subject: Re: Veterans Affairs Anyway we can do Tuesday 930AM? I have a SOTU meeting that ends at 9am . Joseph Lai Special Assistant to the President Legislative Affairs The White House Mobile: Sent from my iPhone On Jan 25, 2018, at 6:00 PM, Van Doren, Terry (McConnell) wrote: Joe? Terry Van Doren Policy Ad visor Office of Majority Leader Mc Connell Washington , DC 20510 1 CEQ050FY18091 _ 000002312 CEQ-18-0173-M-000035 From:Herrgott, Alex H. EOP/CEQ[mailto Sent:Thu rsday, January 25, 2018 5:59 PM I'm good at 9 Sent from my iPhone On Jan 25, 2018, at 5:57 PM, Van Doren, Terry (McConnell) wrote: Can you brief Veterans Affair s Committee staff on their jurisdictional portions of your infrastructure package ? Bob Henke , their staff director , is available Tuesday at 9AM or NOON . Do either of thos e times work for y'al l? We can host here in the Capitol. Just let me know please. Thanks in advance . Terry Van Doren Poli cy Adv isor Office of Majority Leade r McConnell Washington , DC 20510 2 CEQ050FY18091_000002312 CEQ-18-0173-M-000036 RE : Veterans Affairs From: "Van Doren . Terry (McConnell)" To: "Lai, Joseph G. EOP/WHO" Cc: "Herrgott , Alex H. EOP/CEQ" Date: Fri, 26 Jan 2018 12:21:09 -0500 Tuesday at 9:30 can work for us . I assume this one will be relati vely short , since you are only touching on the vete rans specific portion s of the proposal. Let me kno w if we are confirmed . I'll get us a room in the Capitol. Thank s for doing all of these. TVD Terry Van D01.en Policy Advisor Office of Majority Leade r McCoDJ1ell Washington , DC 20510 From: Lai, Joseph G. EOP/WHO [mailt Sent: Friday, January 26, 2018 8:48 AM To: Van Doren , Terry {McConnell) Cc: Herrgott, Alex H. EOP/CEQ Subject: Re: Veterans Affairs Anyway we can do Tuesday 930AM? I have a SOTU meeting that ends at 9am. Joseph Lai Special Assistant to the President Legislative Affairs The White House Mobile: Sent from my iPhone On Jan 25, 2018, at 6:00 PM, Van Doren, Terry (McConnell) wrote: Joe? Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 CEQ050FY18091_000003132 CEQ-18-0173-M-000037 : .. I . . oo. . o oo o . . I o . I o I oo o Subject:Re: Veterans Affairs I'm good at 9 Sent from my iPhone On Jan 25, 2018, at 5:57 PM, Van Doren, Terry (McConnell) wrote: Can you brief Veterans Affairs Committe e staff on their jurisd ictional portions of your infrastructure package ? Bob Henke , their staff director , is availab le Tuesday at 9AM or NOON . Do either of those times work for y 'all? We can host here in the Capitol. Just let me knowplease_ Thanks in advance_ Terry Van Dore n Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 2 CEQ050FY18091_000003132 CEQ-18-0173-M-000038 RE: Veterans Affairs From: "Van Doren , Terry (McConnell)" To: "Lai, Joseph G. EOP/WHO" Cc : "Herrgott , Alex H. EOP/C EQ" Date : Mon, 29 Jan 2018 22:10:45 -0500 Will absolute ly do so. Look forward to seeing you. From: Lai, Joseph G. EOP/WHO [ma ilt Sent: Monday, January 29, 2018 8:59 PM To: Van Doren 1 Terry (McConnell) Cc: Herrgott, Alex H. EOP/CEQ Subject:Re: Vet erans Affairs Terry: See you tomor row at 930. Can you add Alex Herrgott to the access list for tomorrow? Thanks! Joseph Lai Special Assistant to the President Leglslatfve Affairs The White House Mobile Sent fr om my iPhone On Jan 26, 2018, at 12:22 PM, Lai, Joseph G. EOP/WHO > wrote: Good w me! Sent from my iPhone On Jan 26, 2018, at 12:21 PM, Van Doren, Ter ry (McConnell) wrote: Tu esday at 9 :30 can work fo r u s. I assume thi s one will be relative ly shor t, since you are only touchi ng on the veterans specific portion s of the proposa l Let me know if we are confirmed . l ' ll get us a room in the CapitoL Thank s for doing all of these. TVD Te rry Van Doren 1 CEQ050FY18091 _ 000001610 CEQ-18-0173-M-000039 Policy Advisor Office of Majority Leade r McConnell Washington , DC 20510 From: Lai, Joseph G. EOP/WHO [rnailt Sent: Friday, January 26, 2018 8:48 AM Subject:Re: Veterans Affairs Anyway we can do Tuesday 930AM? I have a SOTU meeting that ends at 9am . Joseph Lai Special Assistant to the President l egislative Affairs The White House Mobile: Sent from my iPhone On Jan 25, 2018, at 6:00 PM, Van Doren, Terry (McConnell) wrote: Joe? Terry Van Doren Policy Advisor Office of Majority Lead er McConnell Washington , DC 20510 From: Herrgott, Alex H. EOP/CEQ[mailt Sent: Thursday , January 25, 2018 5:59 PM To: Van Doren , Terry (McConnell) Cc: Lai, Joseph G. EOP/WHO Subject:Re: Veterans Affairs I'm good at 9 Sent from my iPhone On Jan 25, 2018, at 5:57 PM, Van Doren, Terry (McConnell) wrote: 2 CEQ050FY18091_000001610 CEQ-18-0173-M-000040 Can you brief Vetera ns Affa irs Committee staff on their jurisdictional portions of your infrastruct ure package? Bob Henke, their staff rurector , is available Tuesday at 9AM or NOON. D o either of those times wo rk for y 'all? We can host here in the Capito l. Just let me know please. Thanks in advance. Terry Van Doren Policy Adviso r Office of Majo rity Leader McCo nn ell Washington , DC 20510 3 CEQ050FY18091_0000016 10 CEQ-18-0173-M-000041 Re: Veterans Affairs From: "Lai, Joseph G . EOP/WH O" To: "Van Doren, Terry (McConnell)" Cc : "Herrgott , A lex H. EOP/CEQ" Date : Mon, 29 Jan 2018 20:58:50 -0500 Teny: See you tomorrow at 930. Can you add Alex Herrgoti lo tl1eaccess list for tomorrow? Than.ks! Joseph Lai Special Assistant to the President Legislative Affairs The White House MobileSent frommy iPbone On Jan 26, 2018, at 12:22 PM, Lai, Joseph G. EOP/WHO wrote: Good wme ! Sent from my iPhone Oo Jan 26, 2018, at 12:21 PM, Van Doren, Terry (McConnell) wrote: Tu esday at 9:30 can work for us. I assume th.is one will be relatively short, since you are on.ly touching on the veterans specific por tions of the proposal. Let me know if we are confirmed. I'll get us a room in the Capitol. Thanks for doing all of these . TVD Terry Van Doren Policy Advisor Office of Majority Leader McConnell Was hington, DC 20510 From:Lai, Joseph G. EOP/WHO [mailt Sent: Friday, January 26, 2018 8:48 AM To : Van Dore n, Terry (McConnell) Cc: Herrgott, Alex H. EOP/CEQ Subject: Re: Vete rans Affairs 1 CEQ050 FY 18091_0 00003126 CEQ-18-0173-M-000042 Anyway we can do Tuesday 930AM? I have a SOTU meeting that ends at 9am. Joseph Lai Special Assistant to the President Legislative Affairs The White House Mobile Sent from my iPhone On Jan 251 2018, at 6:00 PM, Van Doren, Terry (McConnell) wrote: Joe? Terry Van Doren Policy Adviso r Office of Majority Leade r McConnell Washington , DC 20510 oo o . .o o: o oo oo o Subject: Re: Veterans Affairs .. :o I . :o o I I' m good at 9 Sent from my iPhone On Jan 25, 2018 , at 5:57 PM, Van Doren, Terry (McConnell) wrote: Can you brief Veteran s Affairs Committee staff on their jmisdictional portions of your infra structure package ? Bob Henke, their staff director, is availabJe Tuesday at 9AM or NOON. Do either of those times work for y'aH? We can host here in the Capitol. Just let me know please . Thanks in advance . Terry Van Doren Policy Advisor Office of Majority Leade r McConnell Washington , DC 20510 2 CEQ050FY18091_000003126 CEQ-18-0173-M-000043 FW: Ahead of the State of the Union Address, Portman Applauds Trump Administration for Major Step in Permitting Reform From : "Neely, Amanda (HSGAC )" To: "Herrgott, Alex H. EOP/CEQ" Date: Tue , 30 Jan 2018 17:22:12 -0500 Amanda B . Neely General Counsel to ScnmorRob Portman l, Pennanent Subcommittee on Investigations Deputy Chief CoUJJse United States Senate / Atnanda_Neely@HSGAC.Senate.Gov From : Portman Press Sent : Tuesday, January 30, 2018 4:49 PM Subject: Ahead of the State of the Union Address, Portman Applauds Trump Administ ration for Major Step in Permitting Reform OB PORTMAN (0 JT>JES :-.A!~/." OHK> o FOR IMMEDI ATE RELEA SE: Tuesday , January 30, 2018 MEDIA CONTACT : Kev in Smith i 202-224-5190 >http://billy/2DMEhEw< Ahead of the State of the Union Address , Portman Applauds Trump Administration for Major Step in Permitting Reform WASH INGTON , D.C. - Ahead of tonight 's State of the Union add ress, U.S. Senator Rob Portman (R-OH) today applauded the Trump administration for using the tools authorized by his signed-into-law Federal Permffting Improvement Act . which helps streamline the federal infrastructure permitting process to boost our economy and create jobs . The bill was enacted into law last Congress as Title 41 of the Fixing America 's Surface Transportation Act (FAST-41 ). The Trump Administration and the 1 CEQ050FY18091 _ 000003123 CEQ-18-0173-M-000044 state of Louisiana have entered into the first memorandum of understanding between the federal government and a state to facilitate the infrastructure permitting process for a project covered by FAST-41 . Portman released the following statement: "I appreciate the efforts of the Trump administration to make permitting reform a priority because it will improve our economy, create more jobs, and help us rebuild our infrastructure more quickly. When I introduced the Federal Permitting Improvement Act of 2015, I envisioned project sponsors , federal agencies , and states all coming together at the start of a project to set out a plan that would make the permitting process make sense . When Congress enacted FAST-41, we hoped it would reduce delays and costs, provide more certainty , help create jobs , and ensure the environment is protected appropriately . "I am pleased to see that vision take a crucial step toward becoming reality. Last week, the state of Louisiana and six federal agencies signed the first memorandum of understanding between the federal government and a state to facilitate the infrastructure permitting process for a project covered by FAST-41 . Under this agreement , the parties will work together to reduce the estimated permitting timeline from five years to two years . As the lead agency on this $1.3 billion Louisiana coastal restoration project , the Army Corps of Engineers did an outstanding job bringing all of the parties together to develop an integrated plan. This memorandum will provide a roadmap for the project going forward , and it will streamline a complicated , years-long permitting process. "This memorandum represents a significant step toward an improved infrastructure permitting process. I look forward to continuing to building on this progress with the administration and the Federal Permitting Improvement Steering Council to develop innovative ways to streamline and improve the federal infrastructure permitting process. " NOTE: In 2015, Sens . Portman and Claire McCaskill (D-MO) cosponsored legislation that ultimately became Title 41 of the FAST Act. FAST-4 1 requires that one agency serve as the lead agency for covered projects ; all agencies involved in covered projects develop a coordinated permitting timeline at the start of the process ; and agencies must post the permitting timeline and updates to it on an online Permitting Dashboard throughout the permitting process for each covered project. FAST-41 also established the Federal Permitting Improvement Steering Council to help implement best practices in the permitting process and serve as resource for coordinating covered projects . Last September, Portman chaired a Permanent Subcommittee on Investigations (PSI) hearing on how permitting reform , like FAST-41 , will create good-paying jobs across the country . Last June, Portman and McCaskill sent a letter to President Trump urging his administration to use the tools authorized by their signed-into-law Federal Permittin g Improvement Act and appoint a permanent Executive Director for the Council. 2 CEQ050FY18091 _000003123 CEQ-18-0173-M-000045 RE: Good stat, stories From "Gribbin, DJ J. EOP/W HO' T o: "Van Doren, Terry (McConnell)" , "Herrgott, Alex Terry , You take good notes. The $3.6 Tis from project delays - more than just permitting. Phillips number. It's a Howard Let us circle back with stories. OJ From:Van Doren, Terry (McConnell) [mailto :Terry_Van0oren@mcconnell.senate.gov] Sent: Friday, February 9, 2018 1:42 PM To: Gribbin, OJJ. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject : Good stat, stori es Do you have stories tha t illustrate how slow, strangulatin g the pe rmi t process can be to a project? And in one of our meetings , I think you said that the permitting process takes ten years on average . Ifwe get it down to two , it wo uld save $3.6 trilLion. Did I write that down right ? What source can [ cite? Thanks in adv ance. Sorry to bug y 'all. Terry Van D01.en Policy Adv isor Office of Majority Leade r McConnell Washington , DC 205 lO 1 CEQ050FY18091_000001593 CEQ-18-0173-M-000046 Good stat, stories From "Van Doren, Terry (McConnell)" Fri , 09 Feb 2018 13:41 :59 -0500 Do you have stories that illustrate hows.low , strangulating the permit process can be to a project? And in one of our meetings , I think you said that the pennitting process takes ten year s on average . Ifwe get it down to two, it would save $3.6 trillion. Did I write that down right? What source can I cite? Thanks in advance. Sorry to bug y 'all. Terry Van Doren Po licy Advisor Office of Majority Leader McConnell Washington , DC 20510 CEQ050 FY1 8091 _0 00003115 CEQ-18-0173-M-000047 RE: Good stat, stories From To : "Van Doren, Terry (McConnell)" "Lai, Joseph G. EOP/WHO' "Herrgott , Alex H. EOP/C EQ" Cc: Date: Sun , 11Feb201818:28:12 -0500 Thanks Joe. Do you think we will see the additional doc tonight or is this something that y ' all are going to roll-out tomorrow? Thanks for the update ; I appreciate you checking witb your Comm s folks . Good to know it is in the works. TVD Terry Van Doren Policy Advisor Officeof MajorityLeaderMcConnell Washington , DC 20510 From: Lai, Joseph G. EOP/WHO [mailt Sent:Sunday, February 11, 2018 6:23 PM To: Van Doren, Terry {McConnell) Cc:Gribbin, DJJ. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject:Re: Good stat, stories Terry, Just checked With Comms shop. Research has been working on compi ling your asks. They wil l be rolled out but the document is still in clearance . Joe Sent from my iPhone On Feb 11, 2018, at 5:44 PM, Van Doren, Terry (McConnell) wrote: Hey guys. Don 't want to be a pest the night below your big roll-out , but I am still looking for some good stats/stories. The document that Kaelan Dorr and.Amy Swonger just sent aroWld does not appear to indude any of the type of stats/stories sugge sted in our commun icators meeting . Tam ju st looking for some anecdote s that T think 1 have heard Administration officials say previo usly and where to source them . Things like -- statistics that illustrate the need for CEQ050FY18091 _0 00001591 CEQ-18-0173-M-000048 infrastruc tur e imp rovement (amoun t of infrastructure backlogs , wha t it costs tlie economy /pocketbooks in lost wages , time, opportunities , etc.) and espec ially the need for permittin g refor m (stat istics on our average infrastructur e permitting timeline s compared to other deve lope d countr ies, how mu ch.money would be saved iiwe got our permitting process to two years , what is the longest a project has been delayed for lack of a perm.it. And we also need real-world examp les of specific projects that have been stymied because of unrealistic permittin g delays). Hoping you already have this somew here, since we have heard you or Mr_Cohn or some other Administration officia l say them over the last several months. If not , I' 11try to figure out a plan B. Thanks in advance . Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , D C 20510 From:Gribbin, DJJ. EOP/WHO mailto: Sent: Friday, February 9, 2018 1:56 PM To : Van Doren, Terry (McConnel l) ; Herrgott , Alex H. EOP/CEQ Subject:RE: Good stat, stories Terry, You take good notes. The $3.6 Tis from project delays - more than just permitting. Phillips number. It's a Howard Let us circle back with stories. DJ From: Van Doren, Terry (McConnel l) [mailto: Terry VanDoren@mcconne ll.senate .gov] Sent: Friday, February 9, 2018 1:42 PM To: Gribbin, DJJ. EOP/WHO ; Herrgott , Alex H. EOP/CEQ Subject:Good stat, stories Do you have stories that illustra te how s low, stra ngulating the permit proce ss can be to a project? And in one of our meeting s, I trunk you sai d tha t the permitting process takes ten years on average _ If we get it down to two , it would save $3.6 trilli on . D id 1 write that down right? What source can I cite? Thanks in advance . Sony to bug y 'all . Terry Van Do ren Policy Ad visor 2 CEQ050FY18091 _0 00001591 CEQ-18-0173-M-000049 Office of Majority Lead er McCo nn ell Wa shington, DC 20510 3 CEQ050FY18091 _ 000001591 CEQ-18-0173-M-000050 RE: Good stat, stories From "Van Doren, Terry (McConnell)" >, "Herrgott, Alex H. EOP/CEQ" , "Lai, Joseph G . EOP/WHO" To: Date: Sun, 11 Feb 2018 17:44 :07 -0500 Hey guys. Don 't want to be a pest t11enight below your big roll-out , but I am still looking for some good stats/stories. The document that Kaelan Dorr and Amy Swonge r ju st sent around does not appear to include any of the type of stats/stories suggested in our communi cators meeting . I am just looking for some anecdotes that I think I have he ard Administra tion officials say previously and where to source them . Th ings like -- statist ics that illustrate the need for infrastrn cture improvement (amount of infrastr ucture backlogs, what it costs the economy/ pocketbooks in lost wages, time, opportu nities, etc.) and especia lly the need for permitting reform (statistics on our average infrastructure permitting timelioes comparedto other develop ed countries , how much money would b e save d if we got our permitting process to two years , what is the longest a proj ect has been delayed for lack of a permit. And we also need realworld examp les of specific projects that have been stymied because of unrealisti c permitting delays). Hop ing you already have this sotuewbere, since we have b.eard you or Mr. Cohn or some other Admi nistration offic ial say them over the last several month s. If not, I '11try to figure out a plan B. Thanks in advance. Ter ry Van Doren Policy Adviso r Office of Maj ority Leade r McCo nnell Washington , DC 20510 From: Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, February 9, 2018 1:56 PM To: Van Dore n, Terry (McConnell) ; Herrgott, Alex H. EOP/CEQ Subject: RE:Good stat, stories Terry , You take goo d note s. The $3.6 Tis from project delays - more than just permitting. Phillips number. It's a Howard Let us circle back with stories . CEQ050 FY18091_ 000002292 CEQ-18-0173-M-000051 DJ From: Van Doren, Ter ry (McConnell) [mailto :Terry VanDoren@mcconnelLsenate_gov ] Sent: Friday, February 9, 2018 1:42 PM To: Gribbin, DJJ. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject: Good stat, stories Do you have stories that illustrate how slow, strangulatin g the permit process can be to a projec t? And in one of our meetings, I think you said that the pennitting process takes ten years on average . Ifwe get it down to two, it would save $3.6 trillion. Did I write that down right? What source can I cite? Thanks in advance. Sorry to bug y'all. Terry V a11 Doi.en Policy Advisor Office of Major ity Leader McConnell Washington , DC 20510 2 CEQ050FY18091_000002292 CEQ-18-0173-M-000052 FW: Administration Infrastructure Factsheet From : "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To : "Deci, Jen (Banking )" Date: Sun, 11 Feb 2018 21 :30 :12-0500 Att ac hm ent s: Infrastructure - Initiative Framework Factsheet.pdf (85.4 kB) Jen, Other than a Typo, "INVESTING IN OUR COUNTRY' S MOST IMPORTANT ASSET- W-S ITS PEOPLE", this is going to be what we distribute tomorrow . Talk tomorrow A From: Lai, Joseph G. EOP/WHO Sent: Sunday, February 11, 2018 6:31 PM To : Rossi, Nick (Commerce) ; 'kim _ lipsky@commerce .senate .gov' ; 'Arnakis , Adrian (Commerce)' ; 'devon_barnhart@commerce.senate Subject : Administration Infrastructure Factsheet .gov' Folks, I hope you are enjoying you r Sunday with the Olympics . As you know, tomorrow is the Administrat ion's infrastructure rollout. We'll be sending out formal document s tomorrow - but wanted to share with you this factsheet in advance . I'm the Senate lead on infrastructure and look forward to wor king with you in the coming week s. If you'd like, I am ready to setup a formal bipartisan staff briefing at a mutually agreeable time . Let me know what you think. Joe Joseph Lai Special Assistant to the President Legislative Affairs 1 CEQ050FY18091 _000002774 CEQ-18-0173-M-000053 The White House 2 BUILDING A STRONGER AMERICA: PRESIDENT DONALD J.TRUMP'S AM ERICAN INFRASTRUCTURE INITIATIVE "We will buildgleamingnew ronds1 bridges,highways,railways, and waterways all across our land.And we will do it with A,nericanheart,.and American hands, and Americangrit." - President Donaldf. Trump BUILDING AMERICA'S INFRASTRUCTURE: Today, President Donald J.Trump released his legislative goals to rebuild our Nation's crumbling infrastructure. The six principles include: o $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investme nts with o o o o o partners at the State, local, Tribal, and private level. New investments will be made in rural America, whi ch has been left behind for too long. Decision making au thori ty will be returned to State and local governmen ts. Regulatory barriers that needlessly get in the way of infrastructure projects wiU be removed. Permitting for infrastructure projects will be streamlined and shortene d. America's workforce will be supported and strengthened. STIMULATE INFRASTRUCTURE INVESTMENT: President Trump's plan will lead to at least $1.5 trillion in investments to rebuild our failing infrastructure and develop innovative projects. o o o o o o $200 billion in Federal funds will spur at least $1.5 trillion in new infrasbucture investments. o Federal infrastructure spending wilJ promote State, local, and private inves tments and maximize the value of every taxpayer dollar. Of the $200 billion, $100 billion will crea te an Incentives Program to spur additional dedicated funds from States, localities, and the private sector. o Applications for the Incentives Program will be eva luated on objective cri teria, with creating additional infrastructure investment being the largest factor. o The Incentives Program will promote accountability, making Federal funding condition al on projects meeting agreed upon milestones. $20 billion will be dedicated to the Transformative Projects Program. o This program will provide Federal aid for bold and innovative projects that have the potential to dramatically improve America's infrastructure. o The program will focus on projects th at could h ave a significant positive impact on States, cities, and Jocalities but may not attract private sector investment because of the project's unique characteristics. $20 billion will be alloca ted to expanding infras tru cture financing programs. o 0GBP the $20 billion, $14 billion will go to expanding a nUJJ1berof existing credit programs: TIFIA, WIFIA, RRIF, and rural utility lending. o $6 billion wiU go to expandi ng Prjvate Activity Bonds. $10 billion wi ll go to a new Federal Capital Revolving Fund, which will reduce inefficient leasing o( Federal real property which wou1d be more cost-effective to purchase. A new fund will alJow some incremental reven ues from energy development on public land s to pay for the capital and maintenance needs of public lands infrastructure. INVEST IN RURAL AMERICA: Rural America 's infrastructure has been left behind for too long, and President Trump's plan will make sure it is supported and modernized. o $50 billion of the $200 billion in direct Federal funding wmbe devoted to a new Rural Infrastructure Program to rebuild and modernize infrastru cture in rural America. o The bulk of the dollars in the Rural Infrastructure Program w ill be allocated to State governors, giving Stat es the flexibility to prioritize their communities' needs. 1 CEQ050FY18091 _000002775 CEQ-18-0173-M-000055 o The remaining funds will be distri but ed through rural pe rform ance gra nt s to encourage the bes t use of taxpayer dollars. INCREASE STATE AND LOCAL AUTHORITY: President Trump's proposal will return decision making authority to State and local governments, which know the needs of their communities. o o o Funds awarded to State and local au thor ities, such as through the Incenti ves Program and th e Rural Infras tru ctur e Program, will be alloca ted to infrastructure projects they prioritize. o This empo we rs States and localities to make more infrastru cture inv estm ent decision s and prioritize projects based on the needs of their communit ies The plan will expand processes th at allow environme ntal review and permitting decisions to be delega ted to States. The plan w ill also allow Federal agencies to di vest asse ts that can be better manage d by State or local governmen ts or the private sector. ELIMINATE REGULATORY BARRIERS: The President' s plan would eliminate barriers that prevent virtually all infrastructure proje cts from being efficiently developed and managed. o The Presi dent 's pl an wiLI: o Provide mor e flexibility to transportation projects that have minim al Federal funding but are curre ntl y requi re d to seek Federal review and approval. o Incenti vize th e efficien t development and management of wa ter infrastructure, in part, by pro vidi11. g more flexibility to the U.S. Army Corps of Engineers and its partners. o Give the Departmen t of Veterans Affairs the flexibility to use its existing assets to acquire new facilities by allowing it to re tain property sa le proceeds and exchange existing facilities for construction of new facilities. o Expand fundin g eligb ility for land revital izat ion projects through the Superfun d program and establish tools to h elp m anage their legal and financial matters. STREAMLINE PERMUTING: President Trump's infrastructure proposal will shorten and simplify the approval process for infrastru cture projects. o Working with Congress, we wilJ: o Establis h a "o ne agency, one decision" str uct ure for environmen tal reviews. o Shorte n th e length y environm en tal review process to two years whiJe sti ll pro tecting the environme nt. o Elimina te certain redun dan t and inefficien t provisions in enviio mn ental laws. o Create two new pilot programs to test new ways to impro ve the environ.men tal rev iew pro cess. INVEST IN OUR COUNTRY'S MOST IMPORT ANT ASSET - IT'S PEOPLE:The President is proposing reforms so Americans secure good-paying jobs and meet the needs of our industries. o The Presiden t's plan wo uld reform Federal ed ucation and wor kforce development programs to better prepare Americans to perform th e in-d eman d jobs of tod ay and the futur e. This includes: o Making high-quality, short-term programs that provi de st udents w ith a cert ification or credentia l jn an in-demand field eligib le for Pell Grants. o Reforrn ,ing the Perkins Career an d Technical Educa tion Program to ensure more stud ents have access to hi gh-qu ality techn ical edu cation to develop the skills requ ired in today's economy. 2 CEQ050FY18091 _000002775 CEQ-18-0173-M-000056 o Better targeting Federa l Work-Study funds to help more students obtain important workplace experience, including through apprenticeships. 3 CEQ050FY18091 _000002775 CEQ-18-0173-M-000057 FW : Administration Infrastructure Factsheet From: "Herrgott, Alex H. EOP/CEQ " <"/o =exchange organization/ou=exchange administrative group (fydibohf23spdl t)/cn =recipients/cn =45656107f8dc4dc18bb681 d 14e44c8e9 -he"> To: "Holland, Luke (lnhofe)" , "Wright , Jennie (Inhofe )" . an drew _forbes@inhofe .senate .gov Date: Sun, 11 Feb 2018 21 :29:18 -0500 Att ac hment s: Infras tructure - Initiative Framework Factshee t.pdf (85.4 kB) Othe r than a Typo, "INVESTINGIN OU!\ CQUNTflY'S MOST IMPOIHANTASSET- I-TL&ITS PEOPLE", this is going t o be what we distribute tomorrow From: Lai, Joseph G. EOP/WHO Sent: Sunday , February 11, 2018 6:31 PM To: Rossi, Nick (Commerce) ; 'kim_lipsky@commerce.senate.gov' ; 'Arnak is, Adrian (Commerce)' ; 'devon_barnhart@commerce .senate .gov ' Subject : Administration Infrastructure Factsheet Folks, I hope you are enjoying your Sunday with the Olympics. As you know, tomor row is the Administration's infrastructure rallout . W e'll be sending out formal documents tom orrow- but wanted to share with you this factsheet in advance. I'm the Senate lead on infrastructure and look forward to working with you in the coming weeks. If you'd like, I am ready to setup a formal bipartisan staff briefing at a mutually agreeable time. Let me know w hat you think. Joe Joseph Lai Special Assistant to the Presiden t Legislative Affairs The White House CEQ050FY18091 _ 000002780 CEQ-18-0173-M-000058 BUILDING A STRONGER AMERICA: PRESIDENT DONALD J.TRUMP'S AM ERICAN INFRASTRUCTURE INITIATIVE "We will buildgleamingnew ronds1 bridges,highways,railways, and waterways all across our land.And we will do it with A,nericanheart,.and American hands, and Americangrit." - President Donaldf. Trump BUILDING AMERICA'S INFRASTRUCTURE: Today, President Donald J.Trump released his legislative goals to rebuild our Nation's crumbling infrastructure. The six principles include: o $200 billion in Federal funds to spur at least $1.5 trillion in infrastructure investme nts with o o o o o partners at the State, local, Tribal, and private level. New investments will be made in rural America, whi ch has been left behind for too long. Decision making au thori ty will be returned to State and local governmen ts. Regulatory barriers that needlessly get in the way of infrastructure projects wiU be removed. Permitting for infrastructure projects will be streamlined and shortene d. America's workforce will be supported and strengthened. STIMULATE INFRASTRUCTURE INVESTMENT: President Trump's plan will lead to at least $1.5 trillion in investments to rebuild our failing infrastructure and develop innovative projects. o o o o o o $200 billion in Federal funds will spur at least $1.5 trillion in new infrasbucture investments. o Federal infrastructure spending wilJ promote State, local, and private inves tments and maximize the value of every taxpayer dollar. Of the $200 billion, $100 billion will crea te an Incentives Program to spur additional dedicated funds from States, localities, and the private sector. o Applications for the Incentives Program will be eva luated on objective cri teria, with creating additional infrastructure investment being the largest factor. o The Incentives Program will promote accountability, making Federal funding condition al on projects meeting agreed upon milestones. $20 billion will be dedicated to the Transformative Projects Program. o This program will provide Federal aid for bold and innovative projects that have the potential to dramatically improve America's infrastructure. o The program will focus on projects th at could h ave a significant positive impact on States, cities, and Jocalities but may not attract private sector investment because of the project's unique characteristics. $20 billion will be alloca ted to expanding infras tru cture financing programs. o 0GBP the $20 billion, $14 billion will go to expanding a nUJJ1berof existing credit programs: TIFIA, WIFIA, RRIF, and rural utility lending. o $6 billion wiU go to expandi ng Prjvate Activity Bonds. $10 billion wi ll go to a new Federal Capital Revolving Fund, which will reduce inefficient leasing o( Federal real property which wou1d be more cost-effective to purchase. A new fund will alJow some incremental reven ues from energy development on public land s to pay for the capital and maintenance needs of public lands infrastructure. INVEST IN RURAL AMERICA: Rural America 's infrastructure has been left behind for too long, and President Trump's plan will make sure it is supported and modernized. o $50 billion of the $200 billion in direct Federal funding wmbe devoted to a new Rural Infrastructure Program to rebuild and modernize infrastru cture in rural America. o The bulk of the dollars in the Rural Infrastructure Program w ill be allocated to State governors, giving Stat es the flexibility to prioritize their communities' needs. 1 CEQ050FY18091 _000002781 CEQ-18-0173-M-000059 o The remaining funds will be distri but ed through rural pe rform ance gra nt s to encourage the bes t use of taxpayer dollars. INCREASE STATE AND LOCAL AUTHORITY: President Trump's proposal will return decision making authority to State and local governments, which know the needs of their communities. o o o Funds awarded to State and local au thor ities, such as through the Incenti ves Program and th e Rural Infras tru ctur e Program, will be alloca ted to infrastructure projects they prioritize. o This empo we rs States and localities to make more infrastru cture inv estm ent decision s and prioritize projects based on the needs of their communit ies The plan will expand processes th at allow environme ntal review and permitting decisions to be delega ted to States. The plan w ill also allow Federal agencies to di vest asse ts that can be better manage d by State or local governmen ts or the private sector. ELIMINATE REGULATORY BARRIERS: The President' s plan would eliminate barriers that prevent virtually all infrastructure proje cts from being efficiently developed and managed. o The Presi dent 's pl an wiLI: o Provide mor e flexibility to transportation projects that have minim al Federal funding but are curre ntl y requi re d to seek Federal review and approval. o Incenti vize th e efficien t development and management of wa ter infrastructure, in part, by pro vidi11. g more flexibility to the U.S. Army Corps of Engineers and its partners. o Give the Departmen t of Veterans Affairs the flexibility to use its existing assets to acquire new facilities by allowing it to re tain property sa le proceeds and exchange existing facilities for construction of new facilities. o Expand fundin g eligb ility for land revital izat ion projects through the Superfun d program and establish tools to h elp m anage their legal and financial matters. STREAMLINE PERMUTING: President Trump's infrastructure proposal will shorten and simplify the approval process for infrastru cture projects. o Working with Congress, we wilJ: o Establis h a "o ne agency, one decision" str uct ure for environmen tal reviews. o Shorte n th e length y environm en tal review process to two years whiJe sti ll pro tecting the environme nt. o Elimina te certain redun dan t and inefficien t provisions in enviio mn ental laws. o Create two new pilot programs to test new ways to impro ve the environ.men tal rev iew pro cess. INVEST IN OUR COUNTRY'S MOST IMPORT ANT ASSET - IT'S PEOPLE:The President is proposing reforms so Americans secure good-paying jobs and meet the needs of our industries. o The Presiden t's plan wo uld reform Federal ed ucation and wor kforce development programs to better prepare Americans to perform th e in-d eman d jobs of tod ay and the futur e. This includes: o Making high-quality, short-term programs that provi de st udents w ith a cert ification or credentia l jn an in-demand field eligib le for Pell Grants. o Reforrn ,ing the Perkins Career an d Technical Educa tion Program to ensure more stud ents have access to hi gh-qu ality techn ical edu cation to develop the skills requ ired in today's economy. 2 CEQ050FY18091 _000002781 CEQ-18-0173-M-000060 o Better targe ting Federa l Work-Study fund s to help more stude nts obtain important workp lace experience, including through apprenticeships. 3 CEQ050FY18091 _000002781 CEQ-18-0173-M-000061 Re: Good stat, stories From To : "Lai, Joseph G. EOP/WHO" "Van Doren, Terry (McConnell)" "Herrgott , Alex H. EOP/CEQ" Cc: Date: Sun, 11 Feb 2018 18:22:46 -0500 Terry, Just checked with Comms shop. Research hasbeen wol'l o.vrote: On Feb 11, 2018, al 5:44 PM, Van Doren, Terry (McConnell) ; Herrgott , Alex H. EOP/CEQ Subject:RE: Good stat, stories Terry, You take good notes. The $3.6 Tis from project delays - more than just permitting. Phillips number . It's a Howard Let us circle back with stories. DJ From:Van Doren, Terry (McConnel l) fmailto: Terry VanDoren@mcconne ll.senate .gov1 Sent: Friday, February 9, 2018 1:42 PM To: Gribbin, DJJ. EOP/WHO ; Herrgott , Alex H. EOP/CEQ Subject:Good stat, st ories Do you have stories that illustra te how slow, strangula ting the permit process can be to a project? And in one of our meetings, I think you said that the pennitting process takes ten years on average . If we get it down to two, it would save $3.6 trill ion.. Did I write that down right? What source can I cite? Thanks in advance. Sorry to bug y ' all. Terry Van Doren Policy Advisor Office of Maj ority Leader McCo nnell Washington, D C 20510 2 CEQ050 FY18091 _ 000003114 CEQ-18-0173-M-000063 RE: Administration Infrastructure Factsheet From: "Dec i, Jen (Banking)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 12 Feb 2018 09:02:39 -0500 Thanks for sending. Looking forward to hearing more - do yall intend on having bipartisan staff meetings for Banking as well? From: Herrgott, Alex H. EOP/CEQ[mailto Sent : Sunday, February 11, 2018 9:30 PM To: Deci, Jen (Banking) Subject: FW: Admin istration Infrastructure Factsheet Jen, Other than a Typo, "INVESTING IN OUR COUNTRY'SMOST IMPORTANT ASSETgoing to be what we distribute tomorrow. ~ ITS PEOPLE", this is Talk tomorrow A From: Lai, Joseph G. EOP/WHO Sent : Sunday, February 11, 2018 6:31 PM To: Rossi, Nick (Commerce) ; 'kim _ lipsky@commerce.senate.gov' ; 'Arnakis, Adrian (Commerce)' ; 'devon_barnhart@commerce.senate.gov' Subject: Administration Infrastructure Factsheet Folks, I hope you are enjoying your Sunday with the Olympics. As you know, tomorrow is the Admi nistration's infrastructure ro llout. We'll be sending out formal documents tomorrow- but wanted to share with you this factsheet in advance. I'm the Senate lead on infrastructure and look for w ard to working with you in the coming weeks. If you'd like, I am ready to setup a formal bipartisan staff briefing at a mutually agreeable t ime. Let me know what you think. Joe 1 CEQ050FY18091_000002291 CEQ-18-0173-M-000064 Joseph Lai Special Assistant to the President legislat ive Affairs The White House 2 CEQ050FY18091_000002291 CEQ-18-0173-M-000065 RE: Administration Infrastructure Factsheet From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn =recipients/cn=45656107f8dc4dc18bb681d14e44c8e9 -he"> To: "Deci , Jen (Banking)" Date : Mon, 12 Feb 2018 10:08:32 -0500 Yes of course . From: Deci, Jen (Banking) [mailto:Jen_Deci@banking .senate.gov] Sent: Monday, February 12, 2018 9:03 AM To: Herrgott, Alex H. EOP/CEQ Subject : RE: Adrninislration Infrastructure Factsheet Thank s for sending. Looking forward to hearing more-do for Banking as well? yall intend on having bipartisan staff meetings From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Sunday, February 11, 2018 9:30 PM To: Deci, Jen (Banking) Subject:FW: Administration Infrastructure Factsheet Jen, Other than a Typo, " INVESTINGIN OUR COUNTRY'S MOST IMPORTANT ASSET- ~ going to be what we distribute tomorrow . ITS PEOPLE'', th is is Talk tomorrow A From: Lai, Joseph G. EOP/WHO Sent: Sunday, February 11, 2018 6:31 PM To: Rossi, Nick (Commerce) ; 'kim_lipsky@commerce.senate .gov' ; 'Arnakis, Adrian (Commerce)' ; 'devon_barnhart@comme rce.senate.gov ' Subject: Administration Infrastructure Factsheet Folks, I hope you are enjoying your Sunday with the Olympics . 1 CEQ050 FY18091 _ 000002772 CEQ-18-0173-M-000066 As you know, tomorrow is the Administrc1tion's infrastructure rollout. We'll be sending out formal documents tomorrow- but wanted to share with you this factsheet in advance. I'm the Senate lead on infrastructure and look forward to working with you in the coming weeks. If you'd like, I am ready to setup a formal bipartisan staff briefing at a mutually agreeable time. Let me know what yo u think. Joe Joseph Lai Special Assistant to the President Legislative Affairs The White Howse 2 CEQ050FY18091_000002772 CEQ-18-0173-M-000067 RE: Administration Infrastructure Factsheet From: "Deci, Jen (Banking)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 12 Feb 2018 10: 11 :30 -0500 Cool. From: Herrgott, Alex H. EOP/CEQ[mailt Sent: Monday, February 12, 2018 10:09 AM To: Deci, Jen (Banking) Subject: RE: Administration Infrastructure Factsheet Yes of course. From:Deci, Jen (Banking) [mailto :Jen Deci@banking.senate .gov] Sent: Monday, February 12, 2018 9:03 AM To: Herrgott, Alex H. EOP/CEQ Subject: RE: Administration Infrastructure Factsheet Thanks for sending. looking forward to hearing more-do for Banking as well? yall intend on having bipartisan staff meetings From: Herrgott, Alex H. EOP/CEQ[ mailt Sent: Sunday, February 11, 2018 9:30 PM To: Deci, Jen (Banking) Subject:FW: Administration Infrastructure Factsheet Jen, Other than a Typo, "INVESTING IN OUR COUNTRY'SMOST IMPORTANTASSET-~ go ing to be what we distribute tomorrow . ITS PEOPLE",this is Talk tomorrow A From: Lai, Joseph G. EOP/WHO Sent: Sunday, February 11, 2018 6:31 PM To: Rossi, Nick (Commerce) ; 'kim_lipsky@commerce .senate.gov' ; 'Arnakis, Adrian (Commerce)' ; 'devon_barnhart@commerce.senate.gov' Subject: Administration Infrastructure Factsheet 1 CEQ050FY18091 _ 000003112 CEQ-18-0173-M-000068 Folks, I hope you are enjoying your Sunday with the Olympics . As you know, tomorrow is the Administration's infrastructure rollout . We ' ll be sending out formal documents tomorrow- but wanted to share with you this factsheet in advance. I' m the Senate lead on infrastructure and look forward to working w ith you in the coming weeks . If you'd like, I am ready to setup a formal bipartisan staff briefing at a mutually agreeable time. Let me know what you think. Joe Joseph Lai Special Assistant to the President Legislat ive Affairs The White House 2 CEQ050FY18091_000003112 CEQ-18-0173-M-000069 Fwd: Good stat, stories From: "Herrgott , Alex H. EOP/C EQ" <"/o=exchange organization /ou=exchange administrative group (fydibohf23spdlt)/cn =recipients /cn=45656107f8dc4dc18bb681 d 14e44c8e9 -he"> T o: luke_ holland@inhofe .senate .gov Date: Tue, 13 Feb 20 18 16:38:36 -0500 Attachment Rebuttal TPs on DefZ IO-env ironment claims-2-9- 18-Herrgott_ Prandoni.docx (25.15 s: kB) Sent from my iPhone Begin forwarded message: From: "Prandoni, Christopller D. EOP/CEQ" D ate: February 12, 20 18 at 3:40:05 PM EST To: "Herrgott, Alex H. EOP/CEQ" Subject: RE: Good stat, stories Attac hed are suggestio ns. Let me know what you think . From: Herrgo tt, Alex H. EOP/CEQ Sent: Monday , February 12, 2018 2:59 PM To: Prandon i, Christopher D. EOP/CEQ Subject: FW: Good st at, stories Can you look at defazio document to make edits . From: Herrgott, Alex H. EOP/CEQ Sent : Sunday, February 11, 2018 7:06 PM To: Kennedy, Adam R. EOP/WHO Cc: Lai, Joseph G. EOP/WHO Subject: FW: Good st at, stories Adam, 1 CEQ050FY18091 _ 000002682 CEQ-18-0173-M-000073 Hope all is well Alex Subject: Re: Good stat, stories Terry, Just checked with Comms shop. Research has been worklng on compillng your asks. They will be tolled out but the document is still in clearance. Joe Sent from my iPhone On Feb 11, 2018, at 5:44 PM, Van Doren, Terry (McConnell) wrote: Hey guys. Don't want to be a pest the night below your big roll-out, but I am still looking for some good stats/stories . The document that Kaelan Dorr and Amy Swonger just sent around does not appear to include any of the type of stats/stories sugges ted in our communicators meeting. I am just looking for some anecdotes that I tbink I have heard Admini stration officia ls say previous ly and where to source them . Things like -- statistics that illustrate the need for infrastructure improvement (amount of infrastructure backlog s, what it costs the economy /pocketbooks in lost wages, time, opportunities , etc.) and especially the need for permitting reform (statistics on our average infrastr ucture permitting timelines compa red to other developed countries, how mu ch money wou ld be saved if we got our permitting proce ss to two years , what is the longest a project has been del.ayed for lack of a permit. And we also need real -world examp les of specific projects that have been stymied because of unr ealistic perm itting delays). 2 CEQ050FY18091_000002682 CEQ-18-0173-M-000074 Hoping you already have th.is somewhere, since we have heard you or Mr. Cohn or some other Administration official say them over the last several months. If not, I'll try to figure out a plan B. Thanks in advance . Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washin gton, DC 20510 From: Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, February 9, 2018 1:56 PM To : Van Doren, Terry {Mc Connell) ; Herrgott, Alex H. EOP/CEQ Subject: RE: Good stat, st or ies Terry, You take good notes. The $3.6 Tis from project delays - more tha n just permitting. Phillips number. It's a Howard Let us circle back with stories. DJ From:Van Doren, Terry {McConne ll) [mailto :Terry VanDoren@tnc connell.senate .gov] Sent: Friday, February 9, 2018 1:42 PM To: Gribbin, DJJ. EOP/WHO ; Herrgott , Alex H. EOP/CEQ Subject: Good stat, stories Do you have stories that illustrate how slow, strangulating the permit process can be to a project ? And in one of our me etings , I think you said that the permitting pr ocess takes ten years on average. Ifwe get it down to two, it would save $3 .6 trillion . Did I write that down rj gbt? What source can I cite? Thanks in advance. Sony to bu g y'al l. Terry Van Doren Policy Advisor Office of Majority Leader McConnell Washington , DC 20510 3 CEQ050FY18091_000002682 CEQ-18-0173-M-000075 Infrastructure bill From "Neely , Andrew (Commerce)" To : "Herrgott , Alex H. EOP/CEQ" Cc: ''Gibbons , Fern (Comme rce)" , "Fuchs , Patrick (Commerce )" , "Arnak is, Adrian (Commerce)" Date : Thu , 15 Feb 2018 09:15:11 -0500 Mr . Herrgott , Congratulations on the infrastructure rollout th is week . We are eager to keep the ball rolling on our end . In an effort to do so, could you send us any and all legislative/bill text behind the President's recently released outline 7 Thank s, Andrew Neely I CEQ050 FY 18091_0 00003101 CEQ-18-0173-M-000079 RE: Infrastructure bill From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/ cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9 -he"> To: "Neely , Andrew (Commerce)" Cc: "Gibbons , Fern (Commerce)" , "Fuchs, Patrick (Commerce)" , "Arnakis, Adrian (Commerce)" Date: Fri, 16 Feb 2018 14:03:30-0500 Thanks Mr. Neely, We are aggressively working on some Technical Assistance on the Inventive and Rural sections. I think we will have something to transmit by early next week and will be happy to come walk you through. It. Alex From: Neely, Andrew {Commerce) [mailto:Andrew_Neely@commerce.senate.gov] Sent: Thursday, February 15, 2018 9:15 AM To: Herrgott, Alex H. EOP/CEQ Cc: Gibbons, Fern (Commerce) ; Fuchs, Patrick (Commerce) ; Arnakis, Adrian (Commerce) Subject : Infrastructure bi ll Mr . Herrgott, Congratulations on the infrastructure rollout this week. We are eager to keep t he ball rolling on our end. In an effort to do so, could you send us any and all legislative/bill text behind the President's recently released outline? Thanks, Andrew Neely I 1 CEQ050FY18091_000001012 CEQ-18-0173-M-000080 Re: Dinner at lvanka's House From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9 -he"> To: "Rossi, Nick (Commerce)" Cc: "Gribbin , DJ J. EOP/WHO" "Arnakis, Adrian (Commerce)" , "Lai, Joseph G. EOP/WHO " Date: Fri, 16 Feb 2018 09:01 :13-0500 We will also be doin g a dinner at Hen-gott 's House so please get your second options in the hopper .... Sent from my iPhone On Feb 16,2018, at 8:56AM. Rossi,Nick (Commerce) wrote: That would be our 1nclination too . We'll put our heads together and send a few suggestions . Thanks From: Gribbin, DJ J. EOP/WHO mailto Sent : Friday, February 16, 2018 8:52 AM To: Rossi, Nick (Commerce) ; Arnakis, Adrian (Commerce) Herrgott, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House I think tha t makes sense, but w ill defer to you . From: Rossi, Nick (Commerce) [mailto:Nick Rossi@commerce.senate.gov ] Sent : Friday, February 16, 2018 8:51 AM To: Gribbin, OJ J. EOP/WHO ; Arnakis, Adrian (Commerce) Herrgott, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House Are you looking to make it bipartisan? From: Gribbin, DJ J. EOP/WHO [mailto Sent : Friday, February 16, 2018 8:47 AM To: Rossi, Nick (Commerce) ; Arnakis, Adrian (Commerce) Cc: Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:Dinner at lvanka's House 1 CEQ050FY18091 _ 000001033 CEQ-18-0173-M-000081 Nick/ Adrian, lvanka has offered up her house to host a dinner with Members of Congress to discuss infrast ructure. Aside from the Chairman, who do you think we should invite? DJ DJ Gribbin Special Assistant to the President for Infrastructure National Economic Council The White House 2 CEQ050FY18091_000001033 CEQ-18-0173-M-000082 Re: Dinner at lvanka's House From To : "Gribbin , DJ J. EOP/W HO" "Arnak is, Adrian (Commerce)" Cc : Date: Fri, 16 Feb 2018 19:39:11 -0500 Assume these are in order of importance. Sent from my iPhone On Feb 16, 2018, at 4:26 PM, Arnakis, Adrian (Commerce) wrote: So this might be a little big but we thought this was a good mix of folks that are inter ested in different types of infrastructu re, are on the relevant full and subcommittees , and all would be willing to work to cut a deal. In no particular order ... Thune Barrasso Fischer lnhofe Capito Wicker Nelson Carper Tester Peters Cardin Schatz From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Friday, February 16, 2018 9:01 AM To: Rossi, Nick (Commerce ) Cc:Gribbin, DJ J. EOP Arnakis, Adrian {Commerce) ; Lai, Joseph G. EOP/WHO Subject:Re: Dinner at lvanka's House We will also be doing a dinner at Herrgott's House so please get your second options in the hopper .... Sent from my iPhone 1 CEQ050FY18091 _0 00001554 CEQ-18-0173-M-000083 On Feb 16, 2018, at 8:56 AM, Rossi, Nick {Commerce) wrote: That would be our inclination too. We'll put our heads together and send a few suggestions. Thanks From: Gribbin, DJ J. EOP/WHO [ma ilt o Sent: Friday, February 16, 2018 8:52 AM To: Rossi, Nick (Commerce) ; Arnakis, Adrian (Commerce) Cc: Lai, Joseph G. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject:RE: Dinner at lvanka's House I think that makes sense, but will defer to you. From: Rossi, Nick (Commerce) [mailto:Nick Rossi@commerce.senate.gov ] Sent: Friday, February 16, 2018 8:51 AM To: Gribbin , DJJ. EOP/WHO Arnakis, Adrian (Commerce) Herrgott, Alex H. EOP/CEQ Subject:RE: Dinner at lvanka's House Are you look ing to make it bipartisan? From: Gribbin, DJ J. EOP/WHO mailto : Sent: Friday, February 16, 2018 8:47 AM To: Rossi, Nick (Commerce) ; Arnakis, Adrian (Commerce) Herrgott, Alex H. EOP/CEQ Subject: Dinner at lvanka's House Nick/Adrian , lvanka has offered up her house to host a dinner with Members of Congress to discuss infrastructure . Aside from the Chairman, who do you think we should invite? DJ DJ Gribbin Special Assistant to the President for Infrastructure National Economic Council The White House 2 CEQ050FY18091_000001554 CEQ-18-0173-M-000084 Re: Dinner at lvanka's House From To: "Lai, Joseph G. EOP/WHO" "Arnak is, Adrian (Commerce)" "Ross i, Nick merce.senate .gov>, "Gribbin , OJ J. EOP/WHO" "Scully, Bethany S. EOP/WHO'' Cc: Date: Fri, 16 Feb 2018 16:46 :38 -0500 Thank you for the suggestions! We generally do smaller groups but this is very helpful. We ' ll work on some options for internal approval based on Hst belo w. Sent from my iPhone On Feb 16, 2018, at 4 :26PM , Arnakis, Adrian (Commerce ) wrote : So this might be a little big but we thought this was a good mix of folks that are inter ested in different types of infr astru cture, are on t he relevant ful l and subcommittees, and all would be willing to work to cut a deal. In no particul ar or der ... Thune Barrasso Fischer lnhofe Capito Wicker Nelson Carper Tester Peters Cardin Schatz From: Herrgott, Alex H. EOP/CEQ[mailto Sent : Friday, February 16, 2018 9:01 AM 1 CEQ050FY18091 _ 000001555 CEQ-18-0173-M-000085 We wil l also be doing a dinner at Herrgott 's House so please get your second options in the hopper .... Sent from my iPhone On Feb 16, 2018, at 8:56 AM, Rossi, Nick (Commerce) wrote: That would be our inclination too. We'll put our heads together and send a few suggestions. Thanks From: Gribbin, DJJ. EOP/WHO [mallto Sent: Friday, February 16, 2018 8:52 AM To: Rossi, Nick (Commerce) ; Arnakis, Adrian {Commerce) Cc:Lai, Joseph G. EOP/WHO ; Herrgott, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka' s House I think that makes sense, but will defer to you. From: Rossi, Nick (Commerce) [mailt o:Nick Rossi@commerce .senate.gov ] Sent: Friday, February 16, 2018 8:51 AM To: Gribbin, DJJ. EOP/WHO ; Arnakis, Adrian (Commerce) Herrgott, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House Are you looking to make it bipartisan? From: Gribbin, DJ J. EOP/WHO [mailt Sent: Friday, February 16, 2018 8:47 AM To: Rossi, Nick {Commerce) ; Arnakis, Adrian (Commerce) Cc:Lai, Joseph G. EOP/WHO Herrgott , Alex H. EOP/CEQ Subject: Dinner at lvanka's House Nick/Adrian, lvanka has offered up her house to host a dinner with Members of Congress to discuss infrastructure. Aside from the Chairman, who do you think we should invite? DJ OJ Gribb in Special Assistant to the President for Infrast ructu re 2 CEQ050FY18091_000001555 CEQ-18-0173-M-000086 National Economic Council The White House 3 RE: Dinner at lvanka's House From T o: "Arnak is, Adrian (Commerce)" "Herrgott, Alex H. EOP/CEQ" (Commerce)" "Ross i, Nick , "Lai , Joseph G. EOP/WHO " Cc: Date: Fri, 16 Feb 2018 16:26:01 -0500 So this might be a litt le big but we thought this was a good mix of folks that are interested in different types of infrastructure, are on the relevant full and subcommittees, and all would be willing to work to cut a deal. In no partlcu lar order ... Thune Barrasso Fischer lnhofe Capito Wicker Nelson Carper Tester Peters Cardin Schatz From: Herrgott, Alex H. EOP/CEQ[mailt Sent: Friday, February 16, 2018 9:0 1 AM To: Rossi, Nick {Commerce) Cc: Gribb in, DJ J. EOP/WHO Arnakis , Adrian {Commerce) ; Lai, Joseph G. EOP/WHO Subject: Re: Dinner at lvanka's House We wi ll also be doing a dinner at Herrgott ' s House so please get your second options in the hoppe r .... Sent from my iPhone On Feb 16, 2018, at 8:56 AM, Rossi, Nick (Commerce) wrote: That wou ld be our Inclinat ion too. We'll put our heads together and send a few suggestio ns. Thanks From:Gribbin, DJ J. EOP/WHO [mailto Sent: Friday, February 16, 2018 8:52 AM 1 CEQ050FY18091 _ 000001556 CEQ-18-0173-M-000088 To: Rossi, Nick (Commerce) ; Arnakis , Adrian (Commerce) Herrgott, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House I think that makes sense, but w ill defer to you. From: Rossi, Nick (Commerce) [mailto :Nick Rossi@commerce .senate.gov) Sent: Friday, February 16, 2018 8:5 1 AM To: Gribbin , DJJ. EOP/WHO rnakis, Adrian (Commerce) Cc: Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:RE: Dinner at lvanka's House Are you looking to make it bipartisan? From:Gribbin , DJ J. EOP/WHO [mailt Sent: Friday, February 16, 2018 8:47 AM To: Rossi, Nick (Commerce) ; Arnakis, Adrian {Commerce) Herrgott, Alex H. EOP/CEQ Subject: Dinner at lvanka's House Nick/ Adrian, lvanka has offered up her house to host a dinner with Members of Congress to discuss infrastructure. Aside from the Chairman, who do you think we shou ld invite? DJ DJ Gribbin Special Assista nt to the President for Infrastructure National Economic Council The Whi te House 2 CEQ050FY18091_000001556 CEQ-18-0173-M-000089 Re: Infrastructure bill From "Neely, Andrew (Commerce)" To: "Herrgott, Alex H. EOP/CEQ" Cc: "Gibbons, Fern (Commerce)" , "Fuchs, Patrick (Commerce)" , "Arnakis, Adrian (Commerce)" Date: Fri, 16 Feb 2018 15:48:27-0500 Good to hear and a walk through would be appreciated. Could you also include TA on the policy and permitting sections in Parts 2 and 3 of the outline? A comprehensive view of the legislation would be helpful. Than.ks On Feb 16, 2018, at 2:04 PM Herrgott, Alex R EOP/CEQ Thanks Mr . Neely, We are aggressively working on some Technical Assistance on the Inventive and Rural sections. I think we will have something to transmit by early next week and will be happy to come walk you through. It. Alex From: Neely, Andrew {Commerce) [mailto:Andrew Neely@commerce .senate.gov ] Sent: Thursday, February 15, 2018 9:15 AM To: Herrgott, Alex H. EOP/CEQ Cc: Gibbons, Fern {Commerce) ; Fuchs, Patrick (Commerce) ; Arnakis, Adrian (Commerce) Subject: Infrastructure bil l Mr . Herrgott, Congratulations on the infrastructu re rollou t this week. We are eager to keep the ball ro lling on our end. In an effort to do so, could you send us any and all legislative/bill text behind the President's recently released outline? Thanks, Andrew Neely I 1 CEQ050FY18091_000001557 CEQ-18-0173-M-000090 Re: Dinner at lvanka's House From T o: "Arnakis, Adrian (Commerce)" "Herrgott, Alex H. EOP (Commerce)" "Lai, Joseph G. EOP/WHO " Cc: Date: "Rossi, Nick Fri, 16 Feb 2018 09:15:16 -0500 I can bring the appetizers. -------- Original message-------From: "Herrgott, Alex H. EOP/CEQ" Date: 2/16/ 18 9:0l AM(GMT-05:00) To: "Rossi, Nick (Commerce)'' , "Lai, Joseph G. EOP/WHO" Subject: Re: Dinner at Jvanka's House We will also be doing a dillllerat Herrgott's House so please get your second options in tb.ebopper.... Sent from my iPhone On Feb 16, 2018, al 8:56 AM, Rossi, Nick (Commerce) wrote: That would be our inclination too. We'll put our heads together and send a few suggestions. Thanks From:Gribbin , DJJ. EOP/WHO [mailt Sent: Friday, February 16, 2018 8:52 AM To : Rossi, Nick (Commerce) ; Arnakis, Adrian (Commerce) Cc: Lai, Joseph G. EDP/W HO Herrgott, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House I think t hat makes sense, but w ill defer to you . From: Rossi, Nick (Commerce) lmailto:Nick Rossi@commerce .senate .gov1 Sent: Friday, February 16, 2018 8:51 AM To : Gribbin, DJJ. EOP/WHO rnakis, Adrian (Commerce) ; Herrgott , Alex H. EOP/CEQ Subject:RE: Dinner at lvanka's House 1 CEQ050 FY18091 _ 000001560 CEQ-18-0173-M-000091 Are you looking to make it bipartisan? From: Gribbin, OJJ. EOP/WHO [mailto Sent: Friday, February 16, 2018 8:47 AM To: Rossi, Nick (Commerce) ; Arnakls, Adrian (Commerce) Cc: Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject:Dinner at lvanka's House Nick/ Adrian, lvanka has offered up her house to host a dinner with Members of Congress to discuss infrastructure. Aside from t he Chairman, who do you think we should invite? DJ DJ Gribbin Special Assistant to the President for Infrastructure National Economic Council The White House 2 CEQ050FY18091_000001560 CEQ-18-0173-M-000092 RE: Dinner at lvanka's House From T o: "Rossi , Nick (Commerce)" "Gribbin , DJ J. EOP/W HO' "He rrgott , Alex H. EOP/CEQ" Cc: Date: "Arnakls , Adrian (Commerce)" Fri, 16 Feb 2018 08:51 :07 -0500 Are you looking to make it bipartisan? From: Gribbin , DJ J. EOP/WHO [mailto Sent : Friday, February 161 2018 8:47 AM To: Rossi, Nick (Commerce) ; Arnakis , Adrian (Commerce) Cc: Lai, Joseph G. EOP/WHO Herrgot t, Alex H. EOP/CEQ Subject:Dinner at lvanka's House Nick/ Adrian , lvanka has offered up her house to host a dinner with Membe rs of Congress to discuss infrastruc ture. Aside from the Chairman, who do you think we should invite? DJ DJGribbin Special Assistant to t he President for Infrastructu re National Economic Council The White House CEQ050 FY18091 _ 000001561 CEQ-18-0173-M-000093 Re: Dinner at lvanka's House From "Arnakis, Adrian (Commerce)" To: "Gribbin, DJ J. EOP/W HO" Cc: "Herrgott, Alex H. EOP/CEQ" ''Ross i, Nick (Commerce)" , "Lai, Joseph G. EOP/WHO" Date: Fri, 16 Feb 2018 22:44:19 -0500 Yep . -------. Original message ---..-.. From: "Gribbin , DJ J. EOP/WHO" Date : 2/ 16/ 18 7:39 PM (GMT-05 :00) To : "Arnakis , Adrian (Commerce)" , "Rossi , Nick (Commerce)" Cc: "Herrgott, Alex H. EOP/CEQ" , "Lai, Josep h G. EOP/WHO" Subject: Re: Dinner at Ivanka 's House ------. . Original message ---...- . From: "Gribbin, DJ J. EOP/WHO" Date: 2/ 16/ 18 7:39 PM (GMT-0 5:00) To: "Arnakis , Adrian (Comme rce)" Cc: "Herrgon, Alex H. EOP/CEQ" "Rossi , Nick (Comme rce)" , "Lai, Joseph G. EOP /WHO" Subject: Re: Dinner at Ivanka's House Assume these are in order of importance. Sent from my iPhone On Feb 16, 2018 , at 4 :26 PM, Arnakis , Adrian (Commerce) wrote : So thi s might be a little big but w e thought this w as a good mix of folk s that are interested in diffe rent types of infrastructu re, are on the relevant full and subcommittees , and all would be w illing to work to cut a deal. In no part icular order ... Thune Barrasso Fischer lnhofe Capito Wicker Nelson Carper 1 CEQ050 FY18091 _000002277 CEQ-18-0173-M-000094 Tester Peters Cardin Schat z From: Herrgott, Alex H. EOP/CEQ[mailto Sent: Friday, February 16, 2018 9:01 AM We will also be doing a dinner at Herrgott's House so please get your second options in the hopper. ... Sent from my iPhone On Feb 16, 2018, at 8:56 AM, Rossi, Nick (Commerce) wrote: That would be our inclination t oo. We'll put our heads together and send a few suggesti ons. Thanks From: Gribbin, DJJ. EOP/WHO [mailto Sent: Friday, February 16, 2018 8:52 AM To: Rossi, Nick (Comme rce) ; Arnakis , Adrian (Commerce) Herrgott , Alex H. EOP/CEQ Subject: RE: Dinner at lvanka' s House I th ink that makes sense, but will defer t o you. From: Rossi, Nick (Commerce) [mailto:Nick Rossi@commerce .senate .gov] Sent: Friday, February 16, 2018 8:51 AM To: Gribbin, DJJ. EOP/WHO ; Arnakis, Adrian (Commerce) Herrgott , Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House Are you looking to make it bipart isan? From: Gribbin , DJJ. EOP/WHO [mailto Sent: Friday, February 16, 2018 8:47 AM To: Rossi, Nick (Comme rce) ; Arnak is, Adrian (Commerce) Cc: Lai, Joseph G. EOP/WHO Herrgott , Alex H. EOP/CEQ 2 CEQ050FY18091_000002277 CEQ-18-0173-M-000095 Subject: Dinner at lvanka's House Nick/Adrian, lvanka has offered up her house to host a dinner with Members of Congress to discuss infrastr ucture. Aside from the Chairman, who do you think we should invite? DJ DJ Gribbin Special Assistant to the President for Infrastructure National Economic Council The White House 3 CEQ050FY18091_ 000002277 CEQ-18-0173-M-000096 Re: Dinner at lvanka's House From "Lai, Joseph G. EOP/WHO" To: "Arnakls, Adrian (Commerce)" Cc: "Herrgott, Alex H. EOP/CEQ" "Rossi, Nick (Commerce )" , "Gribbin, DJ J. EOP/WHO" Date: Fri, 16 Feb 2018 10:30:40 -0500 I have been testing Instant Pol recipes. Sent from my iPhone On Feb 16, 2018, at 9:15 AM, Amakis. Adrian (Commerce) wrote: I can bring the appetizers . -------. Original message o.. -.-.. From: "Herrgott, Alex H . EOP/CEQ" Date: 2/ 16/ 18 9:01 AM (GMT-05:00) To: "Rossi, N ick (Commerce)" Cc: "Gribbin, DJ J. EOP/WH O" "Amak is, Adrian (Commerce)" , "Lai, Joseph G. EOP/ WHO" Subject: Re: Dinner at Ivanka's House We will also be doing a dinner at Herrgott's House so please get your second options in the hopper.. .. Sent from my iPhone On Feb lG, 20 18, at 8:56 AM, Rossi, Nick (Commerce) wrote: That would be our inclination t oo . We' ll p ut o ur heads toge t he r an d se nd a few sugges t ions. Thanks From: Gribbin, DJJ. EOP/WHO mai lto Sent: Friday, February 16, 2018 8:52 AM To : Rossi, Nick (Comme rce) ; Arnakis , Adrian (Commerce) ; Herrgott , Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House I th ink that makes sense, but wi ll defer to you . 1 CEQ050FY18091 _ 000002285 CEQ-18-0173-M-000097 From: Rossi, Nick {Commerce) (mai lto :Nick Rossi@commerce .senate.gov ] Sent: Friday, February 16, 2018 8:51 AM To : Gribbin, DJJ. EOP/WHO Arnakis, Adrian {Commerce) Herrgott, Alex H. EOP/CEQ Subject:RE: Dinner at lvanka's House Are you look ing to make it bipart isan? From: Gribbin, DJJ. EOP/WHO [mai lt Sent: Friday, February 16, 2018 8:47 AM To : Rossi, Nick {Commerce) ; Arnakis, Adrian (Commerce) ; Herrgott, Alex H. EOP/CEQ Subject:Dinne r at lvanka's House Nick/Adrian, lvanka has offered up her house to host a dinner with Members of Congress to discuss infrastructure . Aside from the Chairman , who do you think we should invite? DJ DJ Gribbin Special Assistant to the President for Infrastructure National Economic Council The White House 2 CEQ050FY18091_000002285 CEQ-18-0173-M-000098 RE: Dinner at lvanka's House From T o: "Gribbin , DJ J. EOP/W HO" "Rossi , Nick (Commerce)" , "A rnakis, Adrian (Commerce )" "Herrgott , Alex H. EOP/CEQ" Cc: Date: Fri, 16 Feb 2018 08:51 :53 -0500 I think that makes sense, but will defer to you . From: Rossi, Nick (Commerce) [mailto:Nick _ Rossi@commerce .senate .gov] Sent : Friday, February 161 2018 8:51 AM To: Gribbin , DJ J. EOP/WHO Arnakis , Adr ian (Commerce) Cc: Lai, Joseph G. EOP/WHO ; Her rgot t, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House Are you looking to make it bipartisan? From: Gribbin , DJJ. EOP/WHO [mailt Sent : Friday, February 16, 2018 8:47 AM To: Rossi, Nick (Comme rce) ; Arnakis , Adrian (Comme rce) Cc: Lai, Josep h G. EOP/WHO Herrgo tt, Alex H. EOP/CEQ Subject: Dinner at lvanka 's House Nick/ Adrian , lvanka has offered up her house to host a dinner with Members of Congress to discuss infrast ructure . Aside from the Chairman, who do you t hink we should invite? DJ DJ Gribbin Special Assistant to the President for Infrastr ucture Nat ional Economic Council The Wh ite House CEQ050 FY18091 _ 000002286 CEQ-18-0173-M-000099 RE : Dinner at lvanka's House From T o: "Rossi , Nick (Commerce)" "Gribbin , DJ J. EOP/W HO" "Herrgott , Alex H. EOP/CEQ" Cc: Date : "Arnakls , Adrian (Commerce)" Fri, 16 Feb 2018 08 :56:39 -0500 That would be our inclination too . We 1 II put our heads together and send a few suggestions . Thanks From: Gribbin , DJJ. EOP/WHO [mailt Sent : Friday, February 16, 2018 8:52 AM To: Rossi, Nick (Commerce) ; Arnakis , Adrian (Commerce) Cc: Lai, Joseph G. EOP/WHO Herrgott, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House I think that makes sense, but will defer to you . From: Rossi, Nick (Commerce) [ma ilto:Nick Rossi@commerce. senate .gov ] Sent : Friday, February 16, 2018 8:51 AM To: Gribbin, DJJ. EOP/WHO ; Arnakis, Adrian (Comme rce) Herrgott, Alex H. EOP/CEQ Subject: RE: Dinner at lvanka's House Are you lookfng to make it bipartisan? From:Gribbin, DJJ. EOP/WHO [mailto Sent : Friday, February 16, 2018 8:47 AM To: Rossi, Nick (Commerce) ; Arnakis, Adrian (Commerce) Herrgott, Alex H. EOP/CEQ Subject: Dinner at lvanka's House Nick/ Adrian, lvanka has offered up her house to host a dinner with Members of Congress to discuss infrastructure. Aside from the Chairman, who do you think we should invite? 1 CEQ050FY18091_000003097 CEQ-18-0173-M-000100 DJ DJGribbin Special Assistant to the President for Infrastructure National Economic Council The White House 2 CEQ050FY18091_000003097 CEQ-18-0173-M-000101 Dinner at lvanka's House From To: "Gribbin , DJ J. EOP/WHO" "Rossi , Nick (Comme rce)" , "Atnak is, Adrian (Commerce) (Adrian _A rnakis@commerce .senate .gov)" "Herrgo tt , Alex H. EOP/CEQ'' Cc : Date: Fri , 16 Feb 2018 08:47 :17 -050 0 Nick/ Adrian, lvanka has offered up her house to host a dinner with Member s of Congress to discuss infrastructure . Asfde from the Chairman, who do you thi nk we should inv ite? DJ DJ Gribbin Special Assistant to the Presiden t for Infrast ructure National Economic Council The White House CEQ050FY18091_000003098 CEQ-18-0173-M-000102 RE: Both Sides of the Aisle Want Better Roads and Ports WSJ From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange adm inistrative group (fydibohf23spdlt)/cn=recipients/cn=4565610 7f8dc4dc18bb681d14e44c8e9-he"> T o: "Holland, Luke (lnhofe)" Date: Wed , 21 Feb 2018 19:04:15 -0500 Nice do you have the who le thing? Does it print tomorro w . From: Holland, Luke (lnhofe) [ma ilto:luke_Hol land@inhofe.senate .gov] Sent : Wednesday, February 21, 2018 6:52 PM To: Herrgott, Alex H. EOP/CEQ Subject:Fwd; Both Sidesof the Aisle Want Better Roadsand Ports- WSJ Sent from my iPhone Begin forwarded message: From : "Burke, Leacy (Inhofe)" Dat e: February 22, 2018 at 7:24:24 AM GMT+8 To: "Forbes, Andrew (lnb.ofe)" , "Holland , Luke (Inhofe)" , "Wright , Jennie (Inhofe)" Subject : Both Sides of the Ais le Want Better Road s and Por ts - WSJ It's live! >https ://www .wsj.com/articles/both-sides-of-the-aisle-want-better-roads-and-ports- 1519254838< Sent from my iPhone 1 CEQ050 FY18091 _ 000002632 CEQ-18-0173-M-000103 Fwd: Both Sides of the Aisle Want Better Roads and Ports WSJ From: "Holland, Luke (lnhofe)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed , 21 Feb 2018 18:51 :37 -0500 Sent from my iPhone Begin forwarded message: Fro m : "Burke, Leacy (Inhofe)" Date: Febrnary 22, 2018 at 7:24:24 AM GMT+8 To: "Forbes, Andrew (lnhofe)" , "Holland, Luke (Inhofe)" , "Wright, Jennie (lnhofe)" Subject: Both Sides of the A isle Want Better Roads and Ports - WSJ It' s live! >https://www.wsj.com/articles/both-sides-of-the-aisle-want-better-roads-and-ports-1519254838< Senl from my iPbone 1 CEQ050 FY18091 _0 00003083 CEQ-18-0173-M-000104 Re: Senators lnhofe and Whitehouse: "Both Sides of the Aisle Want Better Roads and Ports" From "Holland, Luke (lnhofe )" To : "Lai, Joseph G. EOP/WHO" Cc: "Forbes, Andrew (lnhofe)" , "Swonger, Amy H. "Herrgott, Alex H. EOP/C EQ" Our pleasure! Sent from my iPhone On Feb 22 , 201 8, al 11:53 PM, Lai , Jo seph G. EOP /WHO wrote: Luke & Andrew: Thanks for your boss1 leade rship! From: White House Press Office (mailto:whitehouse-noreply@rnessages.whitehouse .gov ] Sent:Thu rsday, February 22, 2018 9:29 AM To: Lai, Joseph G. EOP/WH Subject:Senators lnhofe and Whitehouse: "Both Sides of the Aisle Want Better Roads and Ports" THE WHITEHOUSE Office of the Press Secre tary FOR TMMEDIATE RELEASE February 22. 201 8 SENS. JAMES INHOFE AND SHELDON WHITEHOUSE: " BOTH SIDES OF THE AISLE WANT BETTER ROADS AND PORTS" "The time is right to close the i11fra s tructure gap . America's economy is strong a11dpoised to continue growing if Congress can work together to make smllrf decisions. " Both Sides of the Aisle Want Better Roads and Ports By Sen . James Tnhofe and Sen . Sheldon Whjtehouse The W all Street Journal f ebrua ry 21. 2018 Durin g his State of the Union address , President Trump calle d for a broad bipartisan infrastructure packa ge, pledging to improve the nation 's infrastructure and invest in tbe future. If you belie ve tl1e news reports on partisan bickering in Washington . this bipartisan approach might seem impossible. But CEQ050FY18091_000001541 CEQ-18-0173-M-000105 we know that it can , and wiU, happen. There 's a strong link between infrastructure investment and a robust economy that creates j obs. The American Society of Civil Enginee rs estimates that unless the U.S. starts making smart investments now, by 2025 the cou ntry will have forgone $3.9 trillion in gross domestic product , $7 t:Jillion in business sales and 2.5 million American jobs. The time is right to close the infrastructure gap. Am erjc a' s economy is strong and poised to continue growing if Congress can work together to make smart decisions. The two of us believe diat state and local leaders should identify and select the projects that are most needed in their commw1ities. There is no one-size-fits-all federal solution for infrastructure. Local communities know best what they need , whether it's to upgrade a wastewater facil ity in Warren , R.I., or repair a levee in Tulsa , Okla. Money should be specifically designated for rural infrastructure. Th e uruque needs of rural communities often make it difficult for them to compete with urban ones for private financing or traditional funding. Finally , Congress should streamline the process for approving new projects , so that critical ones can get off the ground faster. The Treasury Department reports that among the major obstac les to completing infrastr ucture projects are inefficient reviews and Jack of consensus among public and private entities. Read the ful l op-cd her e . ### Unsubscrib e The Wh,te House 1600 Pennsylvan,a Avenue. NW Washington DC 20500 2 202-456-1 I 11 CEQ050FY18091_000001541 CEQ-18-0173-M-000106 FW: Senators lnhofe and Whitehouse: "Both Sides of the Aisle Want Better Roads and Ports" From "Lai , Joseph G, EOP/WHO" T o: luke_holl and@inhofe .senate.gov . andrew _f orbes@inhofe.senate .gov Cc : "Swonger, Am EOP/CEQ" Date : Thu , 22 Fe b 2018 09 :52 :49 -0500 , "Herrgott, Alex H. H" EOP/WHO" Luke & Andrew: Thanks for your boss' leadership! From:White House Press Office [mai lto :whitehouse -nor ep ly@me ssages.wh itehou se.gov] Sent: Th ursday, February 22, 2018 9:29 AM > To: Lai, Joseph G. EOP/WHO Subject: Senators lnhofe and Whitehou se: "Both Sides of the Aisle Want Better Roads and Ports " THE WHITE HOUSE Office of lhe Press Secretary FOR IMMEDIATE RELEASE February 22. 2018 SENS. JAMES INHOFE AND SHELDON WIDTEHOUS E: "BOTH SIDES OF THE AISLE WANT BETTE R ROADS AND PORTS " "The time is right to close the i,~frastructure g"P. Ame ric(I's econo my is strong llml poised to co.ntinue growi ng if Congress can work together to make smart tlecisiom;." Both Sides of the Ais le Want Better Roads and Port s By Sen. James Inhofe and Sen. Sheldon Whitehouse The Wall Street Journal February 21, 2018 During his State of the Union address, President Trump called for a broad bipartisan infrastrncture package. pledging to improve the nation's infrastructure and invest in the future. Jf you believe the news reports on partisan bickering in Washington, this bipattisan approach might seem impossible. But we know that it can, and will, happen. There's a strong link between infrastructure investment and a robust economy that creates jobs . The America11Society of Civil Engineers estimates that unless the U.S. starts making smart investments now, by 2025 the country will have forgone $3.9 trillion in gross domestic product, $7 trillion in business sales CEQ050FY18091_000003081 CEQ-18-0173-M-000107 and 2.5 million American jobs. The time is right to close the infrastructure gap. America's economy is strong and poised to continue growing if Congress can work together to make sma11decisions. The two ofus believe that state and local leaders should identify and select the projects that are most needed in their communities. There is no one-size-fits-all federal solution for infrastructure. Local commwlities know best what they need , whethcrit ' s to upgrade a wastewater facility in Warren , R.l., or repair a levee in Tulsa, Okla. Money should be specifically designated for mral infrastructure. The unique needs of mral communities often make it difficult for them to compete with urban ones for p1ivate financing or traditional funding. Finally , Congress should streamJiJ1e the process for approving new projects , so that critica l ones can get off the ground faster. The Treasury Department reports that among the major obstacles to completing infrastmcture projects are inefficient reviews and lack of consensus among public and private entities. Read the full op-ed here. ### Unsubscribe The White House 1600 Pennsylvania Avenue NW Washington DC 20500 2 202-4S6-11 I I CEQ050FY18091_ 000003081 CEQ-18-0173-M-000108 Hello! From : "McDonnell, Elizabeth (Budget)" To : "Herrgott, Alex H. EOP/C EQ" Date : Mon, 26 Feb 2018 12:00:54 -0500 Hi Alex, Hope you are doing well and still enjoyi ng life on the othe r side of Penhsylvanla Ave. Do you have time this week to talk quickly about infrastructu re? Just want to get your thoughts. If possible, a quick call would be great. My direct is Thanks, Betsy Elizabeth McDonnell Republican Staff Director CEQ050 FY 18091_0 00003080 CEQ-18-0173-M-000109 FW: Alternate dates From : "Arnakis, Adrian (Commerce)" To : "Herrgott,Alex H. EOP/CEQ" Date: Tue , 27 Feb 2018 19:54:05 -0500 Wejust lost one of our two witnesses for our hearing next week. -----Original Message----From: Rossi, N ick (Commerce) Sent: Tuesday , February 27, 2018 7:49 PM To: Amakis , Adrian (Comme rce) Subject : FW: Alternate dates Very sad. -----Original Message--- -- From: Plat t. Mike (Fede ral) [mailto:MPlatt@doc .gov] Seut: Tuesday , February 27, 2018 7:48 PM To: Rossi, Nick (Commerce) Cc: Branson, Ross (Federal) ; Neuhaus , Chelsey (Federal) Subject: Re~Alternate dates Also Nick -- tfie Secretary would like to personally visit with the Q1ainnan aud apolog ize for having to change 1he dme > On Feb 27. 2018. at 6:05 PM. Platt. Mike (Fede ral) wrote: > > Nick - I apologize for having to call and work out alternate dates. I will have our scb.eduli.ug team get in contact - we do tl1inkthe 13th could work . CEQ050 FY 18091 _ 000003077 CEQ-18-0173-M-000110 Witness Availabilit -Permit Streamlinin From "Flores, Daniel" To: "Herrgott , Alex H. EOP/CEQ" Cc: "Neumayr , Mary B. EOP/CEQ" EOP/OMB" Date : Wed , 28 Feb 2018 10:51:11 -0500 "Freeland , Jeff K. Al ex, fyi, we' re targeti ng April 12th for a hearing on the AP N unreas onabl e-delay-_presumption permit streamlinin g bill we discus sed a whil e back. 1 want ed to give you a heads-up about it and also see if a witness from CEQ or FPTSC.would make 1,ense from yom perspective. We would we lcome one, but if s 110t es~en fial. Please let me know your thoughts. All fue best, Daniel Sen t from my iPhon e CEQ050FY18091_000003076 CEQ-18-0173-M-000111 Re: Witness Availabilit -Permit Streamlinin From "Herrgott, Alex H. EO P/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn =recipients /cn =45656107 f8dc4dc18bb681d 14e44c8e9-h e"> To : "Flores , Daniel" Date: Tue , 06 Mar 2018 18:11 :42 -0500 Can we do 415 tomorrow. Sent from my iPhone On Mar 6, 20 18, at 6: l OPM, Flores, Da11iel wrote: I can do most anythjng between l :30 and 4:30 tomorrow. Anything in there work for you'? Daniel Sent from my iPhone On Mar 6. 20 18, at 5 :49 PM, Herrgott, Alex H. EOP/CEQ wrote: Hey buddy. Wl1yis a good number for to about this Hearing. As much of think it would be fun to testifylet's 1alk. - Sent from my iPbone .gov> wrote: On Feb 28, 2018, at 10:51 A~ Flores, Daniel To: "Flores , Daniel" Date : Tue , 06 Mar 2018 17:49:40 -0500 Hey buddy . Why is a good number for to about this Hearin g. As much of think it would be fun to tes6fy-let 's talk. - Sent from my iPhone On Feb 28, 2018, at I 0:51 AM, Flores , Daniel wrote : Alex, fyi, we're 1ru:geting Apri.l 121hfor a bearing on the APA/ unreasonable-delay-presumption permit streamliningbill we discussed a while back. I wantedto give yon -abeads-up about it and also sec if a witness from CEQ or FPISC would make sense from your perspective. We would welcome one, but it's not essent ial. Please let me know your thoughts . AUthe best. Daniel Sent from my iPhone CEQ0 50 FY 18091 _ 000002017 CEQ-18-0173-M-000113 Re: Witness Availabilit -Permit Streamlinin From: "Flores , Daniel" To: "Herrgott,Alex H. EOP/CEQ" Date : Tue. 06 Mar 2018 18:07 :02 -0500 I can do most anything between 1:30 and 4:30 tomorrow. Anything in there work for you? Daniel Sent from my iPhone On Mar 6, 20 18, at 5A9 PM, Herrgott,Alex H . EOP/CEQ Hey buddy. Why is a good number for to about this Hearing. As much of thiJ.lk.it would be fun to testify- Jet's talk. - Sent from my iPho11e On Feb 28, 20 l 8, at l 0:51 AM, Flores, Daniel wrote: Alex, fyi, we're targetingApril 12th for a hearing on the APA/unreasonable-delay-presumptionpermit streamlin.ing bill we d.iscusseda wllile back. I wanted to give you a beads-up about it and also see if a witness from CEQ or FPISC would make sense from your perspective. We would welcome one, but it's not essential. . Please let me know your lboughL~ A U the best, Daniel Sent from my iPhone CEQ0 50 FY18091 _0 00003048 CEQ-18-0173-M-000114 Re: Witness Availabilit -Permit Streamlinin From "Herrgott, Alex H. EO P/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9 -he"> To: "Flores, Daniel" Date: Wed , 07 Mar 2018 11 :03 :26 -0500 Of course. Sent from my iPhone On Mar 7, 2018, at 7:39 AM , Flores, Daniel wrote: Yes. Jeff Freeland probably would like to be on the call. Could you loop him in? Sent from my lPhone Ou Mar 6, 2018, at 6: l l PM, Herrgot1, Alel H. EOP/CEQ wrote: Can we do 415 tomonow. Sent from my iPhone On Mar 6, 2018., at 6: 10 PM, Flores, Daniel wrote: I can do most anythlng between I :30 and 4:30 tomorrow. Anything in there work for you? Daniel Sent from my iPhone On Mar 6, 2018 , al 5:49 PM, Herrgolt, Alex H . EOP/CEQ wrote: Hey buddy. Why is a good number for to about this Hearing. As much of think it would be fllll to testify - let' s talk. - Sent from my iPhone Oa Feb 28, 2018 , at 10:51 AM, .Flores, Daniel wrote: Alex, fyi, we' re targeting April 12th for a hearing ou the AP A/uareasoaable-delay-presumptionpermit streamlining bill we discussed a wbile back. I wanted to give you a heads-up about it and also see if a wit.11essfrom CEQ or FPISC would make sense from your perspective. We would welcome one, but it's 1101essential. Please let me know your thoughts. All the bes1, CEQ050FY18091 _ 000000868 CEQ-18-0173-M-000115 Daniel Sent from my iPhone 2 CEO-1 8-0173-M-0001 16 Re: Witness Availabilit -Permit Streamlinin From: "Flores , Danie l" To: "Herrgott, Alex H. EOP/CEQ " Date: Wed , 07 Mar 2018 07 :39 :23 -0500 Yes. Jeff Freeland probably would like to be on the call. Could you loop hitu in? Sent from my iPhoue On Mar 6, 2018. at 6: 11 PM, Herrgott, Alex H, EOP/CEQ wrote: Can we do 415 tomorrow . - Sent from my iPhone Ou Mar 6, 2018, at 6: 10 PM, Flores, Daoiel wrote~ I can do most anything between 1:30 and 4:30 tomorrow. Anything iD there work for you? Daniel Sent from my i.Pbooe On Mar 6, 20 J8, al 5 :49 PM, Herrgott. Alex H. EOP/CEQ WlUte: Hey buddy. Why is a good number for to about this Hearing. As much of think it would be fun to testi fyJet's talk. - Sent from my iPhone On Feb 28, 2018, ut 10:5 1 AM , Flores , Daniel wrote ; Alex, fyi, we're targeting April 12th for a hearing on fue APNuureasonable-delay-presumptionpermlt streamlining bill we discussed a while back. f wanled to give you a beads-up about it and also see if a witness &om CEQ or FPISC would make sense from your perspective. We would welcome one, bui it's nol essential. Please let me know your thoughts. All tbe best , DauieJ Sent Cromruy iPhoue CEQ050FY18091_000001500 CEQ-18-0173-M-000117 Re: Witness Availabilit -Permit Streamlinin From: To: "Flores, Daniel" Date: Wed, 07 Mar 2018 11:03:24 -0500 Of course. Sent from my iPhone Ou Mar 7, 2018. at 7:39 AM, Flores, Daniel wrote: Yes . Jeff Freeland probab ly would like to be on the call. Could you loop him in? Sent from my i.Phone wrote: Ou Mar 6, 2018, at 6:ll PM, Herrgort, AJex H. EOP/CEQ Can we do 415 tomouow. Sent from my iPhooe Ou Mar 6, 2018, at 6: l 0 PM, Flores, Daniel wrote: I can do most anything between 1:30 and 4:30 tomorrow. Anything in there work for you? Daniel Sent from my iPbone On Mar 6, 2018, at 5:49 PM , Herrgott, Alex H. EOP/CEQ wrote: Hey buddy . Why is a good numbe r for to about this Hearing . As much of think it would be fun to - testify- let' s talk.. Sent from my iPhone On Feb 28. 2018, at. I 0:51 AM, Flores, Daniel wrote: Alex., fyi, we're targeting April 12th fora hearing on the APNW1reasonable - delay-presumptionpermit sl:ream.lioi11g bill we discusseda while back. l wanted to give you a heads-up about it and a.lsosee if a witness from CEQ or FP1SCwou.ldmake sense from your perspective. We would welcome one, but it's uot essential. Please let me know your thougbts. All the best, CEQ050 FY18091_0 00002993 CEQ-18-0173-M-000118 Daniel Sent from my iPhone 2 19 RE: Witness Availabilit -Permit Streamlinin From: "Flores, Daniel" To: "Herrgott, Alex H. EOP/C EQ" Cc : "Freeland, Jeff K. EOP/OMB" Date : Thu , 08 Mar 2018 16:04:22 -0500 Alex, hi. I have a quick question for you re: the below. Free for a quick call this afternoon? All the best, Daniel From: Herrgott, Alex H. EOP/CEQ[ma ilt o Sent : Tuesday, March 06, 2018 5:50 PM To: Flores, Daniel Subject: Re: Witness Availability-Permit Streamlin ing Hey buddy. Why is a good numbe r for to about this Hearin g. As much of think it would be fun to testify- let' s talk . Sent from my iPhone On Fe b 28., 2018, at 10:51 AM , Flores, Daniel wrote: Alex, fyi , we're targeting April 12th for a hearing on the APA/unr easonable-delaypresu mpt ion permit streamlinin g b ill we discussed a whil e back. I wanted to give you a headsup about it and also see if a witness from CEQ or FPISC would make sense from your perspe ctive. We would we lcome one , but it's not essentiaL Please let me know your thoughts . All the best, Danie l Sent from my iPhone 1 CEQ050FY18091 _0 00001496 CEQ-18-0173-M-000120 FW: Do ou have a minute m From "Herr,gott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)lcn =rec ipients/cn =45656107 f8dc4dc18bb68 1d14e44c8e9-he "> To : "Paul , Sarah (Heller)" Date: Tue , 10 Apr 2018 11 :28:30 -0400 RE:infrastructure . Alexander Herrgot t Associate Director for Infrastructure Council on Environmental Quality CEQ050 FY 18091 _ 000002799 CEQ-18-0173-M-000121 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY WASHINGTON, D.C. 20503 August 14, 2019 Austin Evers C/O Dan McGrath American Oversight Phone: (202) 897-4213 Email: foia@americanoversight.org VIA EMAIL Re: FOIA Request FY2018-091 Production 14 / Final Response Dear Mr. Evers: This letter is the fourteenth and final response to the Freedom of Information Act (FOIA), 5 U.S.C. ? 552, request that you sent to the Council on Environmental Quality (CEQ). You have sought the following: All records reflecting communications (including but not limited to emails, email attachments, text messages, chat or Slack messages, telephone call logs, calendar invitations/entries, meeting notices, meeting agendas, informational material, draft legislation, talking points, fact sheets, statements of principles, interim or final policy or legislative proposals, any handwritten or electronic notes taken during any responsive communications, summaries of any responsive communications, or other materials) concerning the White House Legislative Outline for Rebuilding Infrastructure in America, or other administration infrastructure-related policies or proposals, between (a) CEQ and (b) any member of Congress or congressional staff (senate.gov or house.gov). CEQ has completed its search for responsive documents. For this fourteenth and final production, we have processed remaining 88 records and identified 22 pages of documents responsive to your request, enclosed. We have determined that exemptions be applied in 40 redaction instances pursuant to 5 U.S.C. ? 552(b)(6), which protects information from disclosure that would constitute a clearly unwarranted invasion of personal privacy. Specifically, we redacted email addresses and phone numbers. We have determined that exemptions be applied in 2 redaction instance pursuant to 5 U.S.C. ? 552(b)(5) (Exemption 5). The information redacted under Exemption 5 comprises protected deliberative and predecisional materials. This release constitutes a denial in part. Release of this information does not foreclose CEQ from claiming an exemption or privilege with regard to any similar documents in response to a subsequent FOIA request. Page 1 of 2 We expect that you are satisfied with the action on this request. You may challenge the adequacy of the search by submitting a written appeal within ninety (90) calendar days to efoia@ceq.eop.gov. Appeals may also be sent via facsimile to (202) 456-0753 or via U.S. postal mail addressed to: FOIA Appeals Officer, Council on Environmental Quality, Executive Office of the President, 730 Jackson Place NW, Washington, D.C. 20503. You may obtain additional information by contacting me by email or telephone. Also, you have a right to seek assistance or dispute resolution services from the Office of Government Information Services (OGIS). Their webpage is https://ogis.archives.gov/ and their phone number is (202) 741-5770. Sincerely, Caroline Gignoux Attorney Advisor Council on Environmental Quality Email: efoia@ceq.eop.gov Telephone: (202) 456-5147 Attachment Page 2 of 2 RE: Question From "Herrgott , Alex H. EOP/CEQ" <"/o=exchange organ iza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> T o: "Wright, Jennie (lnhofe)" Date: Thu , 26 Oct 2017 12:59:11 -0400 Zero idea what she is t alk ing about . From: Wright, Jennie (lnhofe) [mailto :Jennie_Wright@inhofe.senate.gov] Sent : Thursday, October 26, 2017 12:58 PM To: Herrgott, Alex H. EOP/CEQ Subject : FW: Question See below Jennie H. Wright U.S. Senator James M. lnhofe From: Gray, Jonathan [mailto:Jonathan .Gray@mail.house .gov] Sent : Thursday, October 26, 2017 12:56 PM To: Holland, Luke {lnhofe) ; Wr ight, Jennie {lnhofe) Subject : FW: Question Do you guys know ? From: Kimbra Scott [mailto:kimbra@muskogeeport.com ] Se nt : Thursday, October 26, 2017 12:01 PM To: Gray, Jonathan Subject : Question Jonathan : Do you know or can you find out who is on the the Pres ident ' s Infrastructure Task Force? I be lieve Senator Inhofe is on it, but not sure. Any information you can find out is greatly apprecia ted. I'm currently in a meeting where this information was requested , so if you have it and can send it as soon as possib le, I wou ld greatly appreciate it! Thanks in advance. Kimbra Sent from my iPbone 1 CEQ-18-0173-N-000001 CEQ050FY18091 _ 000000832 RE: Question From: "Wright , Jennie (lnhofe)" To: "Herrgott, Alex H. EOP/CEQ" Date: T hu, 26 Oct 2017 13:03:46 -0400 Same. Thanks! Jennie H. Wright U.S. Senator James M. lnhofe From: Herrgott , Alex H. EOP/CEQ [mailt Sent : Thursday, October 26, 2017 12:59 PM To: Wright , Jennie (lnhofe) Subject: RE: Question Zero idea what she is talking about . From: Wrigh t, Jennie {lnhofe) [mailto:Jennie Wright@inhofe.sena te .gov] Sent :Thursday, October 26, 201712 :58 PM To: Herrgot t, Alex H. EOP/CEQ Subject : FW: Question See below Jennie H. Wright U.S. Senator James M. lnhofe From: Gray, Jonat han [mailto :Jonat han .Gray@mail.house .gov] Sent : Thursday, October 26, 2017 12:56 PM To: Holland, Luke {lnhofe) ; Wr ight, Jennie (lnhofe) Subject : FW: Question Do you guys know? From: Kimbra Scott (mailto :kimbra@muskogeepor t .com] Sent : Thursday, October 26, 2017 12:01 PM To: Gray, Jonat han Subject : Question Jona than : CEQ-18-0173-N-000002 1 CEQ050F Y18091_000003201 Do you know or can you find out who is on the the President ' s Infrastructure Task Force ? I believe Senator Inhofe is on it, but not sure. Any information you can find out is greatly appreciated. I'm currently in a meeting where this information was requested , so if you have it and can send it as soon as possible , I would greatly appreciate it! Thanks in advance . Kimbra Sent from my iPhone 2 CEQ-18-0173-N-000003 CEQ050FY18091 _000003201 FW:Question From: "Wright , Jennie (lnhofe)" To: "Herrgott, Alex H. EOP/CEQ" Date: Thu , 26 Oct 2017 12:57:52 -0400 See below Jennie H. Wright U.S. Senator James M. lnhofe From: Gray, Jonathan [mailto:Jonathan.Gray@mail.house .gov] Sent : Thursday , October 26, 2017 12:56 PM To: Holland, Luke {lnhofe) ; Wr ight, Jennie {lnhofe) Subject: FW: Question Do you guys know? From: Kimbra Scott [mailto:kimbra@muskogeeport.com ] Sent :Thursday, October 26, 201712:01 PM To: Gray, Jonathan Subject : Question Jona than: Do you know or can you find out who is on the the President's Infrastructure Task Force? I believe Senator Inhofe is on it, but not sure. Any inform ation you can find out is greatly appreciated. I'm current ly in a meeting where this information was reque sted, so if you ha ve it and can send it as soo n as possible , I wou ld greatly appre ciate it! Thanks in advance. Kimbra Sent from my iPbone CEQ-18-0173-N-000004 1 CEQ050FY18091_000003202 RE: Meetingwith RichardRussell& EPW Staff From: "Trenti, Beth (EPW)" To: "Herrgott, Alex H. EOP/CEQ" Date: Wed , 01 Nov 2017 08:53:49 -0400 Got it. Everything is updated on our calendars. Please let me know if you need anything. Elizabeth Trenti Senate Committee on Environment & Public Works (o) >www.epw.senate.gov< I @senateepw Office Hours: 9 to 6 ET, Monday to Friday -----Original Message----From: Herrgott, Alex H. EOP/CEQ [mailt Sent: Tuesday, October 31, 2017 6:37 PM To: Trenti, Beth (EPW) Subject: Re: Meeting with Richard Russell & EPW Staff We are doing Thursday only now. 5pm Sent from my iPhone > On Oct 3 1, 2017, at 6:30 PM, Trenti, Beth (EPW) wrote: > > You can't attend this? If not, let's schedule for a time that works for you. > > Sent from my iPhone > > Begin forwarded message: > > From: "Trenti, Beth (EPW)" > > > To: "Gribbin, DJ J. EOP/WHO" > Subject: FW: Meeting with Richard Russell & EPW Staff > > DJ, > > Alex cannot attend this meeting. I will get a car lined up for you on West Exec. Remember that the Rural Infrastructure conversation in SCA ends at 3:30pm. > > -----Ori gina l Appo intment----> From: Trenti , Beth (EPW) [mailto:Betb_Trenti @epw .senate.go v) > Sent: Tuesday, October 31, 2017 5:20 PM > To: Trenti, Beth (EPW); Ziegler, GarrettM. EOP/WHO (Intern) > Subject: Meeting with Richard Russell & EPW Staff > When: Wednesday, November 1, 2017 4:00 PM-5:00 PM (UTC-05:00)Eastern Time (US & Canada). > Where: 4 10 Dirksen Senate Office Building CEQ-18-0173-N-000005 1 CEQ050FY18091_000003195 > > Garrett, > > The meeting with DJ is confirmed for Wednesday , November 1st at 4:00 pm in our office , 410 Dirksen Sena te Office Building. Let me know if you need anything else. > > Kind regards , > > Elizabeth Trenti I Majori ty Adminis trative Assistant Sena te Committee > on Environmen t & Public Works ( o) > >www.epw.sena te .gov<<>bttp://www.epw.senate.gov <><<% 3eht tp: />www .epw .senate< > .gov/%3c<>http://www.epw.sena te.gov/%3c<>> I @senateepw Office Hours: 9 > to 6 ET, Monday to Friday > > 2 CEQ-18-0173-N-000006 CEQ050FY18091_000003195 RE: Cordish: White House talking with Musk, prepping infrastructure Ian Fr om "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organiza tion/ou=exchange administrative group (fydibohf23spdl t)/cn=recipients/cn=45656107f8dc4dc18bb681 d 14e44c8e9-he"> To: "Deci , Jen (Banking)" Date: Mon, 13 Nov 2017 19:53:24 -0500 Lets chat tomor row. From: Deci, Jen (Banking) [mailto :Jen_Deci@banking.senate.gov) Sent: Monday, November 13, 2017 2:38 PM To: Herrgott, Alex H. EOP/CEQ > Subject:FW: Cordish:White Housetalking with Musk, preppinginfrastructureplan Hey, sorry to have missed you at the transpo HH on Thursday . Can we touc h base on this? Jen Cordis ll: White House talking with Musk, prepping infrastructure plan By Steven Overly 11/13/2017 02:13 PM EDT SAN FRANCISCO - The White House communicates regularly with Elon Musk about his p lan to drill massive tunnels for an underground transportation system , an official said Monday , part of the Trump administration's broader efforts to help private companies invest in infrastru cture projects. Reed Cardis h, an assistant to the president on technolo gy initiati ves, said a forthcoming White House infrastructure proposa l will include grants, loans and incentives for priva te companies to invest in transformati ve projects , such as smart cities and rural broadband. "The infrastructure legislation will not create a smart city. That's not what it's there for," Cardish said at an Internet Assoc iation conference. "What you want us to do is create an environment that will allow the private sector to create that type of innovation." Musk sparked widespread speculation about his p lans in July when he tweeted: "Just received verbal govt approval for The Boring Company to build an underground NY-Phil-Bai t-DC Hyperloop. NY-DC in 29 mins." Cordish admitted he was the "culprit" behind that "approval" 1 CEQ-18-0173-N-000007 CEQ050FY18091_000000763 "As I said to Elon after , what I think you heard was 'verbal government excitement ,"' Cordish said. He added that Musk may not want funding from the government , which comes with strings attached , but instead lean on officials for help with permits and other regulatory hurdle s. "He'll raise the money and just use us to clear the way ," Cordish said. Musk serve d on one of President Donald Trump's business advisory councils but bowed out in June after Trump announced that the U.S. wou ld w ithdraw from the Paris climate accord. The White House has a 70-page memo of principles for a $200 billion infrastructure plan and intends to submit proposed legislation to Congress early next year after tax reform is settled , Cordish said. 2 CEQ-18-0173-N-000008 CEQ050FY18091 _000000763 FW: Cordish: White Housetalkingwith Musk, prepping infrastructureplan From: "Deci, Jen (Banking)" To: "Herrgott, Alex H. EOP/CEQ" Date: Mon, 13 Nov 2017 14:37:40 -0500 Hey, sorry to have missed you at the transpo HH on Thursday . Can we touch base on this? Jen Cordish: White House talking with Musk, prepp ing infrastruct ure plan By Steven Overly 11/ 13/2017 02:13 PM EDT SAN FRANCISCO - The White House communicates regularly with Elon Musk about his plan to drill massive tunnels for an underground transportation system, an official said Monday, part of the Tmmp administration's broader efforts to help private companies invest in infrastmcture projects. Reed Cordisb , an assistant to the pre sident on technology initiati ves, said a fortbcomjng White House infrastructure proposal will include grants, loans and incentives for private companies to invest in transformative projects , such as smart cities and rura l broadband . "The infrastructure legislation will not create a smart city. That's not what it's there for," Cardish said at an Interne t Association conference. "What you want us to do is create an environment that will allow the private sector to create that type of innovat ion." Musk sparked widespread speculation about his p lans in July when he tweeted: "Just received verbal govt approval for The Boring Company to build an underground NY-Phil-Balt-DC Hyperloop. NY-DC in 29 mins." Card ish admitted he was the "culprit" beh ind that "approval." "As I said to Elon after, what I think you heard was 'verbal government excitement,"' Cardish sa id . He added that Musk may not want funding from the government , which comes with strings attached , but instead lean on officials for help with permits and other regulatory hurdles . "He'll raise the money and j ust use us to clear the way ," Cordish said. 1 CEQ-18-0173-N-000009 CEQ050FY18091_000003185 Musk served on one of President Donald Trump's business advisory councils but bowed out in June after Trump announced that the U.S. would withdraw from the Paris climate accord. The White House has a 70-page memo of principles for a $200 billion infrastructure plan and intends to submit proposed legislation to Congress early next year after tax reform is settled, Cardish said. 2 CEQ-18-0173-N-000010 CEQ050FY18091 _000003185 Re: White House spearheading intra-agency deal on speeding up permitting From "Herrgott, Alex H. EOP/CEQ" <"/o=exchange organization/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=45656107f8dc4dc18bb681d14e44c8e9-he"> To: "Holland, Luke (lnhofe)" Cc: "Forbes, Andrew (lnhofe)" Date: Mon, 08 Jan 2018 17:32:44 -0500 Yikes. How Does this look to you. Sent from my iPhone On Jan 8, 2018, at 4:59 PM, Holland, Luke (lnbofe) wrote: Press!!! From: POLITICO Pro Transporta tion Whiteboard [mailto:politicoemail@politicopro.com Sent: Monday, January 8, 2018 4:42 PM To: Holland, Luke (lnhofe) Subject:White House spearheading intra-agency deal on speeding up permitting ] By Lauren Gardner 01/08/2018 04:40 PM EDT The White Hou se is trying to get 17 federal agencies to sign a memorandum of understanding that would "bind" them to a two-year environmental permitting process , a Counci l on Environmental Quality official said today. "Regardless of what happens with the legis lative package [on infrastructu re], I think one of the most important things this administration can do is take permitting delivery times from what is now an average of 4.7 years ... down to two years," said Alex Herrgott , CEQ's associate director for infrastructure , at a Transportation Research Board event. "We can do better ," he added . Herrgott said the effort is "probably" something that will come to fruition in early 20 18. To view online: >http s://www .pol iticopro. corn/transportation/wh iteboard/2018/01/white-house- spearheadingintra-agency-deal-on-speeding-up-permitting-350082< You received this POLITICO Pro content because your customiz ed settings include: Transportat ion: all whiteboards. To change your alert settings, please go to >https ://www.politicopro.com /setti ngs< 1 CEQ-18-0173-N-000011 CEQ050FY18091 _000001105 This emai l was sent to Juke holland @inhofe .senate.gov by : POLITICO , LLC 1000 Wilson Blvd. Arlington , VA , 22209 , USA 2 CEQ-18-0173-N-000012 CEQ050FY18091 _000001105 RE: White House spearheading intra-agency deal on s eeding u ermittin Fr om: "Holland , Luke (lnhofe)" To: "Herrgott, Alex H. EOP/CEQ" Cc: "For bes, Andrew (lnhofe)" Date: Mon, 08 Jan 201817:34:05 -0500 looks good! From: Herrgott, Alex H. EOP/CEQ[mailt Sent: Monday, January 8, 2018 5:33 PM To: Holland, Luke {lnhofe) Cc: Forbes, Andrew {lnhofe) Subject: Re: White House spearheading intra-agency deal on speeding up permitting Yikes. How Does this look to you. Sent from my iPhone On Jan 8, 2018, at 4:59 PM, Holland, Luke (Inhofe) wrote: Press!!! From : POLITICO Pro Tra nspor tation Whiteboard [mailto:politicoemail@politicopro .com] Sent: Monday, January 8, 2018 4:42 PM To: Holland, Luke (lnhofe) Subject: White House spearheading intra-agency deal on speeding up permitting By Lauren Gardner 01/08/2018 04:40 PM EDT The White House is trying to get 17 federa l agencies to sign a memoran dum of understanding that would "bind" them to a two -year environmental permitting process, a Council on Environmental Quality officia l said today. "Regardless of what happens with the legislative package [on infrastructure], r think one of the most important things this administration can do is take perm itting delivery times from what is now an average of 4.7 years ... down to two years," said Alex Herrgott, CEQ's associate director for infrastructure, at a Transportation Research Board event. "We can do better," be added . Herrgott said the effort is "probably" something that will come to fruition in early 2018. 1 CEQ-18-0173-N-000013 CEQ050FY18091_000003151 To view online: >>https://www.politicopro .com/transportation/whiteboard /2018/01/white-hou se-spearheadingintra-agency-deal-on-speeding-up-permitting-350082 <<; You received this POLITICO Pro content because your customized settings include : Transportation : all whiteboards. To change your alert settings , please go to >>https://www.politicopro.com/settings<<; This emai l was sent to luke holland @inhofe .senate.gov by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA 2 CEQ-18-0173-N-000014 CEQ050 FY18091_000003151 FW: White House spearheading intra-agency deal on s eeding u ermittin Fr om To: Date: "Holland, Luke (lnhofe)" "Forbes, Andrew (lnhofe)" , "Herrgott, Alex H. EOP/CEQ" Mon, 08Jan 201816:59 :08-0500 Press!!! From: POLITICOPro Transportation Whiteboard [mailto:po liticoemail@politicopro.com] Sent: Monday, January 8, 2018 4:42 PM To: Holland, Luke (lnhofe) Subject:White House spearheading intra-agency deal on speeding up permitt ing By Lauren Gardner 01/08/2018 04:40 PM EDT The White House is tryin g to get 17 federa l agencies to sign a memorandum of understanding that wou ld "bind" them to a two-year environmen tal permittin g process , a Counc il on Environmental Quality offic ial said today. "Regardless of what happen s with the legislative packa ge [on infrastructure], I think one of the most important things this administration can do is take permitting delivery times from w hat is now an average of 4.7 years ... down to two years ," said Alex Herrgott , CEQ's associate director for infrastructure , at a Transportation Re search Board event. "We can do better ," he added. Herrgott said the effort is "probably" somethjog that will come to fruition in early 2018. To view online : >https ://www .po liticopro.com/transportat ion/whiteboa rd/2018/0 l /white-ho use-spearbeadingintra-agency-deal-on-speeding-up-permitting-350082 < You received this POLITICO Pro content because your customized settings include: Transportation: all whiteboards. To change your alert settings, please go to > http s ://ww w .politicopro.com/settings< This email was sent to Juke holland@inhofe.senate .gov by: POLITICO , LLC 1000 Wi lson Blvd . Arlington , VA , 22209 , USA 1 CEQ-18-0173-N-000015 CEQ050FY18091_000003152 Infrastructure WorkingLunchPt 2 Where: Ward Room When: Thu Jan 18 12:00:00 2018 (America/New_ York) Until: Thu Jan 1813:00:00 2018 (America/New_York) Organiser: "Georges, Liza B. EOP/WHO" <"/o=exchange organ ization/ou=exchange administrative group (fydi bohf23spdlt)/cn=recipients/cn=0c216fca 18e543a 7b4e5b64e384598cb-ge"> "Georges, Liza B. EOP/WHO" "Gribbin , DJ J. EOP/WHO Required Attendees "Pataki, Tim A. EOP/WHO" "Lai, Joseph G. EOP/WHO" 'Van Doren, Terry (McConnell)" geoffrey.antell@ma il.house.gov "Herrgott, Alex H. EOP/CEQ" Optiona l "Morton, Lindsey D . EOP/WHO" Attendee: Attendees: Reed Cardish Joseph Lai Tim Pataki Alex Herrgott DJ Gribbin Terry van Doren Geoff Antell 1 CEQ-18-0173-N-000017 CEQ050FY18091_000003394 Amendments From: "Oeci, Jen (Banking)" To : "Herrgott, Alex H. EOP/CEQ" Date: Fri, 12 Jan 2018 17:00:53 -0500 Thanks for coming over . I think the value capture piece looks good . Here are my recommendations of edits to the transit ti tle- 1 CEQ-18-0173-N-000018 CEQ050FY18091 _ 000003148 Jen Deci Profe ssional Staff for Chairman M ike Crapo (ID) Committee on Banking, Hou sing, and Urban Affairs 534 Dirsken Senate Offi ce Buildin g Washin gton , DC 20510 Direct : 2 CEQ-18-0173-N-000019 CEQ050FY 18091_ 000003 148 RE: Fla From T o: Date : "Gribbin , DJ J. EOP/WHO" "Arnakis, Adrian (Commerce)", "Herrgott, Alex H. EOP/CEQ" Tue , 16 Jan 2018 17:59 :41 -0500 Thanks for s haring . From: Arnak is, Adr ian {Commerce) [mailto :Adr ian_Arna kis@commerce.senate.gov ] Sent : Tuesday, January 16, 2018 5 :30 PM >; Gribb in, DJJ. EOP/WHO To: Herrgott, Alex H. EOP/CEQ Subject : Flagging Just wanted you to see what is coming you r way . ama CEQ-18-0173-N-000020 1 CEQ050FY 18091 _ 000001636 Canceled:Hill CommunicatorMeetingon Infrastructure Where: EEOB 428 When: Mon Jan 29 14:00:00 20 18 (America/New_ York) Until: Mon Jan 29 15:00:00 2018 (America/New_ York) Orga niser: "Dorr , Kaelan K. EOP/WHO " <"/o=exchange organization /ou=exchange adm inistrative group (fydi bohf23spdlt)/c n=recipients/cn=ebb3d0f802f24 74980dbac853c 76e4c4 -do"> "Dorr , Kaelan K. EOP/WHO " "Pataki, Tim A. EOP/WHO" "La i, Joseph G. EOP/WHO" "Gribbin , DJ J. EOP/WHO" "Nasim, Laura F. EOP/W HO" "Strom, Natalie M. EOP/WHO" justin .harclerode@mail.house .gov jeff.u rbanchuk@ma il.house.gov Required Attendees rachel.millard@mai l.house .gov zach.hunter@mail.ho use.gov parish .braden@mail .house.gov erin .perrine@ma il.house.gov matt .sparks@mail.house .gov doug .andres@mail .house .gov brendan .buck@mai l.house.gov mike_danylak@epw.senate .gov freder ick_hill@comme rce.se nate.gov sarah_little@roberts .senate .gov don_stewart@mcconnell.senate.gov terry_ vandoren@mcconnell .senate.gov Optiona l Attendee: "Herrgott , Alex H. EOP/CEQ" CEQ-18-0173-N-000021 1 CEQ050FY18091_000003391