Debate on H.R. 5118, Wildfire Response and Drought Resiliency Act — Congressional Record, House, July 29, 2022
Summary
This is H7419 of the Congressional Record, House, July 29, 2022, beginning a document titled Debate on H.R. 5118, Wildfire Response and Drought Resiliency Act. The opening pages include a message from the Senate, dated July 28, 2022, that the Senate passed S. 3369 and passed without amendment H.R. 7334 and H.R. 7352. Under the heading Continental Divide Trail Completion Act, the House resolves into the Committee of the Whole House on the state of the Union for consideration of H.R. 5118, pursuant to House Resolution 1254, with general debate not to exceed 1 hour. Mr. Neguse states that H.R. 5118 provides a whole-of-government response to the droughts and wildfires and combines more than 50 standalone pieces of legislation.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Debate on H.R. 5118, Wildfire Response and Drought Resiliency Act — Congressional Record, House, July 29, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-07-29-crec-2022-07-29-pt1-pgh7419-5-3584a6974f/
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7419
Cherfilus- Jeffries Rice (SC) OFFICE OF THE CLERK, I represent Colorado’s Second Con-
McCormick (Velázquez) (Meijer) HOUSE OF REPRESENTATIVES,
(Neguse) Johnson (TX) Ruppersberger
gressional District, and it was barely
Washington, DC, July 28, 2022. over 6 months ago, in December, when
Comer (Keller) (Pallone) (Trone)
Hon. NANCY PELOSI,
Crist Jones (Trone) Ryan (Kuster) the Marshall Fire burned through
(Wasserman Sires (Pallone) The Speaker, House of Representatives,
Joyce (PA)
Washington, DC. Boulder County and became the most
Schultz) (Keller) Spartz (Banks)
DeGette Speier (Garcia DEAR MADAM SPEAKER: Pursuant to the destructive fire in Colorado history.
Kahele (Correa)
(Perlmutter) Katko (Meijer) (TX)) permission granted in Clause 2(h) of Rule II The fire destroyed a 30-acre subdivision
DeSaulnier Kirkpatrick Stefanik (Keller) of the Rules of the U.S. House of Representa- in a matter of hours; nearly 200 homes
(Perlmutter) Stevens (Kuster)
Deutch
(Pallone)
Stewart
tives, the Clerk received the following mes- burned to the ground and caused over
(Wasserman
LaHood
(Crawford)
sage from the Secretary of the Senate on $1 billion in damages.
(Wenstrup) July 28, 2022, at 5:13 p.m.
Schultz) Strickland This comes on the heels of my dis-
Levin (MI) That the Senate passed S. 3369.
Donalds
(Correa)
(Neguse) trict experiencing the first and second
(Norman) Swalwell That the Senate passed without amend-
Evans (Neguse)
McBath (Bishop
(Correa) ment H.R. 7334.
largest wildfires in the history of Colo-
Gonzalez (OH)
(GA))
Taylor That the Senate passed without amend- rado in Larimer and Grand Counties in
(Meijer) McEachin (Armstrong) 2020, and as parts of the western United
(Trone) ment H.R. 7352.
Gosar (Gaetz) Thompson (CA) With best wishes, I am, States is currently experiencing their
Green (TN) McHenry (Correa)
(Fleischmann) (Wagner) Tlaib (Dingell)
Sincerely, driest drought conditions in over 1,000
Guthrie (Barr) McNerney Torres (NY)
CHERYL L. JOHNSON, years.
Herrera Beutler (Pallone) (Correa) Clerk. Fires have become the primary occu-
(Moore (UT)) Moore (WI) Trahan (Trone) f
(Neguse)
pation of so many of our offices. Count-
Higgins (NY) Van Drew
(Pallone) Nehls (Weber (Fleischmann) CONTINENTAL DIVIDE TRAIL less constituents come to us, grieving
Huffman (TX)) Vargas (Correa) COMPLETION ACT the loss of their homes, but also seek-
(Neguse) Newman (Trone) Walorski (Banks) ing the resources that they deserve
Jacobs (NY) Porter (Wexton) Williams (GA) The SPEAKER pro tempore (Mr. from the Federal Government. We have
(Fleischmann) Rice (NY) (Neguse) VEASEY). Pursuant to House Resolution a duty to provide our constituents with
Jayapal (Wasserman Wilson (SC)
(Pallone) Schultz) (Norman)
1254 and rule XVIII, the Chair declares the support that they need to rebuild
the House in the Committee of the and to recover.
f Whole House on the state of the Union The reality is that we are living with
for the consideration of the bill, H.R. a new normal as climate change results
REMOVAL OF NAME OF MEMBER 5118. in a hotter, drier, planet where historic
AS COSPONSOR OF H.R. 8167 The Chair appoints the gentlewoman drought and record-setting wildfires
Mr. DESJARLAIS. Madam Speaker, I from Nevada (Mrs. LEE) to preside over are not merely a possibility, but an in-
hereby remove my name as cosponsor the Committee of the Whole. evitability. Wildfires no longer occur
from H.R. 8167. b 1136 in a season, but throughout the entire
The SPEAKER pro tempore. The gen- year.
IN THE COMMITTEE OF THE WHOLE
tleman’s request is accepted. I am grateful to my colleagues, to
Accordingly, the House resolved Chairman GRIJALVA, Chairman SCOTT,
f itself into the Committee of the Whole Chairwoman MALONEY, Chairwoman
House on the state of the Union for the JOHNSON, Chairman DEFAZIO, Chair-
PERMISSION FOR MEMBER TO BE consideration of the bill (H.R. 5118) to man PALLONE, Chairman NADLER,
CONSIDERED AS FIRST SPONSOR direct the Secretary of Agriculture to Chairwoman VELÁZQUEZ, Chairwoman
OF H.R. 783 prioritize the completion of the Conti- WATERS, Chairwoman LOFGREN, and
Mr. LARSEN of Washington. Madam nental Divide National Scenic Trail, House leadership for helping bring this
Speaker, I ask unanimous consent that and for other purposes, with Mrs. LEE package to the floor. This is exactly
I may hereafter be considered to be the of Nevada in the chair. the kind of response that our constitu-
first sponsor of H.R. 783, a bill origi- The Clerk read the title of the bill. ents desperately want to see from Con-
nally introduced by Representative The CHAIR. Pursuant to the rule, the gress.
Young of Alaska for the purposes of bill is considered read the first time. H.R. 5118 provides a whole-of-govern-
adding cosponsors and requesting General debate shall be confined to ment response to the droughts and the
reprintings pursuant to clause 7 of rule the bill and amendments specified in wildfires impacting American commu-
XII. House Resolution 1254 and shall not ex- nities across the country, and it com-
The SPEAKER pro tempore. Is there ceed 1 hour equally divided and con- bines more than 50 standalone pieces of
objection to the request of the gen- trolled by the chair and ranking mem- legislation originating from nine dif-
tleman from Washington? ber of the Committee on Natural Re- ferent House committees, including
There was no objection. sources or their respective designees. Republican and Democratic bills.
The gentleman from Colorado (Mr. We began this important work last
f NEGUSE) and the gentleman from Ar- year, as my colleagues know, working
kansas (Mr. WESTERMAN) each will con- with President Biden to pass the Infra-
REMOVAL OF NAME OF MEMBER trol 30 minutes. structure Investment and Jobs Act,
AS COSPONSOR OF H.R. 7769 The Chair recognizes the gentleman which included historic investments to
Mrs. CAROLYN B. MALONEY of New from Colorado. reduce wildfire risks, improve eco-
York. Madam Speaker, I ask unani- Mr. NEGUSE. Madam Chair, I ask system resilience, and ensure reliable
mous consent to remove the gentleman unanimous consent that all Members water supplies.
from North Carolina (Mr. PRICE) as co- may have 5 legislative days in which to The Wildfire Response and Drought
sponsor of H.R. 7769, the Helicopter revise and extend their remarks and in- Resiliency Act builds on those invest-
Safety and Noise Management Act. sert extraneous material on H.R. 5118. ments. It provides an increased start-
The SPEAKER pro tempore. Is there The CHAIR. That request cannot be ing wage for our brave and courageous
objection to the request of the gentle- entertained in the Committee of the Federal wildland firefighters. It invests
woman from New York? Whole. in water security and in drought resil-
There was no objection. Mr. NEGUSE. Madam Chair, I yield ience and advancing wildfire science.
myself such time as I may consume. As climate-change-induced drought
f Madam Chair, I rise in support of means long-term reductions in rain,
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H.R. 5118, the Wildfire Response and snow, and necessary water supplies,
COMMUNICATION FROM THE Drought Resiliency Act. This legisla- this legislation invests in drought-
CLERK OF THE HOUSE tion represents another major effort to proof water projects like water recy-
The SPEAKER pro tempore laid be- act on climate by responding to record- cling, modern desalination, advancing
fore the House the following commu- setting wildfires and drought that are water data management and tech-
nication from the Clerk of the House of impacting communities across our nology, protecting and restoring eco-
Representatives: country. systems.
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H7420 CONGRESSIONAL RECORD — HOUSE July 29, 2022
The bill also advances projects to de- Instead of streamlining environ- nomic decline, and we are in a reces-
liver reliable water across Indian Coun- mental regulations and addressing friv- sion. Why would we want to put more
try, including by incorporating key olous litigation, which delay vital for- government funding and debt on our
provisions from my bill, the Tribal Ac- est management projects across the constituents? I do not understand.
cess to Clean Water Act. And it pro- country, this bill would add mountains It would also devote some of these
vides significant resources to prevent of new red tape on our Federal agencies dollars to studies, research, and envi-
key Colorado River reservoirs from de- that will grind their already glacial ronmental water restoration projects
clining to critically low water levels, pace of treatments to a complete halt. that will not provide any water in the
protecting the supplies of a river that b 1145 near term.
40 million Americans, 40 million, rely It picks winners and losers in water
It would throw out the Forest Serv- projects, ignoring the need for ex-
on.
H.R. 5118 also includes several other ice’s 10-year strategy to reduce haz- panded water storage reservoirs, the
important pieces of legislation intro- ardous fuels and make them com- kind of infrastructure investment that
duced by many Members in the body pletely redo this work less than 6 has made the West what it is today and
months after they started imple- is necessary to ensure a drought-resil-
today. Provisions from Tim’s Act,
menting their current strategy. ient future.
named after a heroic smoke jumper,
This makes you wonder if congres-
Tim Hart, who tragically lost his life This bill offers a one-dimensional ap-
sional Democrats disagree with the
fighting a wildfire in New Mexico, proach to solving the Western drought
work of the Biden administration or if
would increase pay and benefits for that has impacted the entire country
they have found the administration’s
Federal wildland firefighters, and that through decreased agricultural produc-
work product is deficient and unreli-
provision is part of this bill. tion. Reservoirs operated by the Bu-
able.
Finally, the bill includes provisions It would lock up 58 million acres of reau of Reclamation provide needed
that would provide flexibility in Fed- land into new roadless areas, despite water to 10 million acres of farmland
eral FEMA cost shares to support our research showing that more than half that collectively grow 60 percent of the
local communities and to protect wa- of all fires, including most of the larg- Nation’s vegetables and one quarter of
tersheds impacted by wildfire. est fires on Western U.S. national for- our fresh fruit and nut crops.
Madam Chair, this bill is a good bill, est lands, burn primarily in roadless By throwing money at an issue and
and it meets the moment for the Amer- areas, areas where land use restrictions not recognizing that regulatory
ican West. And for that reason, I will mean that we can’t thin and can’t do streamlining to expand water storage
encourage my colleagues today to sup- management. and efficiency of operations to promote
port it. I look forward to hearing from Instead, the bill would fund environ- drought resiliency should be part of
many of my colleagues who will speak mental volunteerism and provide N–95 this equation, this bill fails not only
on the bill. masks and smoke inhalation equip- the West but everyone who buys food
Madam Chair, I reserve the balance ment for homes, which I am sure will nationwide. Put another way, this bill
of my time. be of little comfort to people as their fails every American household. This is
Mr. WESTERMAN. Madam Chair, I homes are burning to the ground. bad policy and bad process.
yield myself such time as I may con- Democrats will tell you this legisla- Democrats cobbled together this 550-
sume. tion raises wildland firefighter pay to plus-page bill behind closed doors, and
Madam Chair, I am glad we are fi- $20 per hour. The only problem with not one wildfire provision was marked
nally here on the floor today talking that is that firefighters already make up in the Committee on Natural Re-
about an issue that is important to our at least $20 per hour, meaning this so- sources.
whole country. I appreciate the gen- called raise is an empty promise. Republican Members made real at-
tleman from Colorado and his concerns In the long term, the bill would write tempts to provide alternatives and ad-
about wildfires. I wish that we could a check that it can’t cash by setting up ditions to this bill. Dozens of regu-
work together on actually solving this new minimum pay rate with no ac- latory streamlining amendments that
these issues in a manner and with pol- tual money to back it up. The Forest could have helped provide water or im-
icy that would actually do something. Service has told us this means they mediately prevented wildfires were
I learned in engineering school that would have to lay off over 610 wildland submitted to the Rules Committee by
expending effort is not work. For ex- firefighters. Let me say that again: Republicans, only to be ignored. Even
ample, you can push on a boulder all The Democrats’ bill could result in the the majority of bipartisan amendments
day, but until something moves, no firing of more than 610 wildland fire- were rejected.
work has been accomplished. fighters who are putting their lives on This is an abomination of process,
To put it another way, there is a say- the line to protect communities. This but it is nothing new that we are see-
ing that you should never confuse mo- is a disgrace and will hurt our fire pre- ing on this House floor. If you were
tion with action, which is exactly what paredness and response. here last night, you know that a Sen-
the legislation before us today does. As if that weren’t enough, the bill ate NEPA streamlining bill was
This bill is more than 550 pages yet would create new pay disparities by parachuted in at the last minute. It
does absolutely nothing to prevent leaving out 10,000 brave men and was put on the suspension calendar.
wildfires or significantly improve our women fighting fires from receiving I hope this bill passes during the next
resiliency to drought. new benefits. That is roughly 40 per- voting series, but we should be doing
This bill will actually make our wild- cent of the Federal firefighting work- NEPA revisions through hearings,
fire crisis worse. Perhaps that is why force. through markups, and through regular
my Democrat colleagues named it the Some of my Western colleagues will order. If it takes getting one dropped in
Wildfire Response Act, instead of nam- soon speak about the water provisions on the suspension calendar by the Sen-
ing it the wildfire prevention act, in this bill, but I want to say that the ate, I guess we will have to take what
which is what we should be focusing on bill misses the mark on drought as well we have got. But it would be nice if we
because we will have to respond to all by proposing $4 billion in new author- could actually debate these and come
the wildfires that are going to happen izations and has unlimited mandatory up with more NEPA streamlining.
anyway and the new ones that this bill spending. In the midst of historic drought con-
creates. Once again, the other side of the aisle ditions and what is on track to be the
Here is a little bit of forestry 101. is passing on more debt to our future most devastating wildfire season on
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There are two ways to reduce wildfire generations, and we see what uncon- record, we simply cannot afford to con-
risk: thinning and controlled burning. trolled spending has done to our econ- fuse motion with action.
This bill mentions thinning zero times. omy with inflation, high energy prices, Madam Chair, I strongly urge my col-
Not once does it mention thinning, but high food prices, and, really, higher leagues on both sides of the aisle to re-
it mentions environmental justice 165 prices across the board. ject this partisan package and, instead,
times. That should tell you what this According to conventional econom- work together on real solutions to pre-
bill is really about. ics, we have had two quarters of eco- vent wildfires.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7421
Madam Chair, I reserve the balance Madam Chair, I yield 2 minutes to I also would say that the 10-year For-
of my time. the gentleman from Pennsylvania (Mr. est Service management plan is some-
Mr. NEGUSE. Madam Chair, I yield THOMPSON), the ranking member of the thing we support, I support. I am glad
myself such time as I may consume. Committee on Agriculture. to hear my colleagues support it be-
Let me just say this: The gentleman Mr. THOMPSON of Pennsylvania. cause they all voted against it.
is entitled to his own opinion but not Madam Chair, I thank the gentleman Literally, a year ago, when we passed
to his own facts, and I take great um- for yielding and for his leadership on a bill in this Chamber to authorize the
brage at his reference to the word ‘‘dis- this issue. If there is anyone that Forest Service to spend $20 million to
grace.’’ should be leading this discussion, it invest in forest management in Idaho,
He knows and my colleagues know should be somebody whose career was Colorado, Utah, Arizona, and Nevada,
just as well as anyone in this Chamber as a professionally trained forester who where were they? They voted against
that the pay increase that was author- actually knows this topic. it. Now, they claim to support it, yet
ized by the bipartisan infrastructure I rise in opposition to this legisla- they will vote against a bill that au-
law, which, by the way, my colleagues tion. Wildfire is a national crisis that thorizes more projects along those
on the other side of the aisle voted we must confront immediately. Tens of same lines.
against, all but 13 of them, that pay in- millions of acres are overgrown and Madam Chair, I yield 2 minutes to
crease expires a year from now. unhealthy, but this bill won’t meet the gentleman from New Jersey (Mr.
Every wildland firefighter in the those challenges or provide the Forest PALLONE).
United States will receive a pay dimi- Service with the tools that they need Mr. PALLONE. Madam Chair, I
nution if this bill isn’t passed, if we to combat this threat. thank the gentleman from Colorado for
don’t authorize the pay increases that The Forest Service has already an- yielding time, and I rise in strong sup-
are in this bill. It is a disgrace to sug- nounced a strategy to treat 50 million port of H.R. 5118, the Wildfire Response
gest anything otherwise. acres. Mandating a new plan is duplica- and Drought Resiliency Act.
Madam Chair, I yield 2 minutes to tive, removes flexibility, creates re- Climate change and extreme weather
the gentlewoman from California (Ms. strictions, and limits projects. are already wreaking havoc on Amer-
LOFGREN). This bill authorizes billions for recre- ican families and businesses. Every
Ms. LOFGREN. Madam Chair, I ation, wilderness programs, and old day, we read news stories about
thank the gentleman from Colorado for growth, which have nothing to do with drought conditions in the West and the
his leadership on this issue. protecting communities and miti- corn belt, wildfires displacing Ameri-
Climate change has brought the most gating wildfire. Because this is only cans from their homes, and the poten-
severe drought to the West in hundreds authorizing legislation, the Forest tial collapse of Texas’ power grid from
and hundreds of years, and it has cre- Service will be directed to carry out extreme heat and unreliable fossil fuel
ated an environment where wildfires the provisions without being provided power plants.
are roaring through the West. the necessary funding. Just this week, in my home State of
In fact, seven of the worst wildfires Additionally, there are none of the New Jersey, Governor Murphy is en-
in California history have occurred in much-needed regulatory reforms that couraging residents to conserve water
the last 4 years. They are destroying would allow the Forest Service to in- due to dry conditions.
homes, farms, infrastructure. They crease the pace and scale of restoration Now, the impacts of climate and ex-
cause injury. That is why this bill is so and wildfire mitigation. treme weather are truly being felt ev-
important. There have been no committee hear- erywhere. That is why I am proud to
I am proud that four of my bills are ings, markups, stakeholder feedback, support this package of commonsense
incorporated in the legislation that or technical assistance. The majority proposals, including many from the En-
will allow firefighters to get overtime also blocked nearly every amendment ergy and Commerce Committee, to
they have earned and allow for FEMA filed from even being debated today. mitigate the effects of extreme weath-
to predeploy assets and, yes, to use The provisions within the Committee er on our electric grid and water re-
science in the fight against wildfires. on Agriculture’s jurisdiction are large- sources.
I am proud of the chair and ranking ly unvetted but are being crammed I just want to highlight a couple of
member of the Committee on Science into this 558-page bill, which we only the key provisions from our com-
who have turned their attention to the first saw last week. mittee.
things that can be done to advance Madam Chair, let me just say, on the The bill includes legislation from
funding for the critical research that is issue of firefighting, I served as a state- Representative O’HALLERAN, requiring
happening at places like San Jose certified firefighter, so, on behalf of my the Federal Government to identify
State University in their Wildfire brothers and sisters, I appreciate what grid infrastructure that is vulnerable
Interdisciplinary Research Center. they do, those that are fighting to natural disasters.
We can’t prevent all disasters, wildfires or structure fires. It includes Representative CASTEN’s
Madam Chair, but we can use our But I agree with the ranking member legislation to ensure that different re-
power and use our science to better here that the Forest Service’s own gions of the country can share power
prepare, to better counter these disas- words said that they were going to during extreme weather events.
ters, and, yes, to make sure that those have to lay off more than 610 wildland The legislation also includes a provi-
who are victimized by the disasters are firefighters because of this bill. sion from Representative PANETTA to
treated fairly. They are our neighbors. What my brothers and sisters who increase the energy resilience and pro-
We need to help them in their time of are wildland firefighters need more ductivity of critical facilities through
loss. than anything else are other fire- investments in microgrids, energy stor-
Madam Chair, I thank the Speaker fighters. They are the primary tool age, and energy efficiency.
for making this a priority. when it comes to battling these con- Finally, it includes two provisions
Mr. WESTERMAN. Madam Chair, I flagrations. championed by Representative MCNER-
yield myself such time as I may con- This bill is an insult to them, an au- NEY. The first would help water sys-
sume. thorizing bill that provides no addi- tems implement water loss control pro-
I just want to point out those weren’t tional funds. Quite frankly, Madam grams and water efficiency programs,
my words. That was the information Chair, I urge a ‘‘no’’ vote. and the second directs the Federal Gov-
we got from the U.S. Forest Service Mr. NEGUSE. Madam Chair, I yield ernment to study the need and feasi-
that said there is no funding in this myself such time as I may consume. bility for standards to ensure that
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bill. If this bill passes without addi- I would, again, simply say the irony power plants are capable of operating
tional funding in the future, they will is rich. My colleagues will vote against in drought conditions.
have to lay off 610 wildland firefighters. the authorization for more wildland Madam Chair, this legislation is es-
Maybe there is going to be a bill in firefighter pay, and then when we fight sential to helping us address the cli-
the future to pour more money into the for the appropriation, they will vote mate crisis. Frankly, this legislation
Forest Service, but this bill doesn’t do against it, too. So, it is a bit difficult should garner overwhelming bipartisan
it. to hear them make those claims. support.
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H7422 CONGRESSIONAL RECORD — HOUSE July 29, 2022
I can’t understand why my Repub- small and rural communities in my dis- through 2027 will provide desperately needed
lican colleagues would oppose the bill. trict with older infrastructure could resources for those in our community whose
They have farmers in their districts meet the exact same fate as ground- potable water wells run dry.
In 2021, the Board declared a local emer-
whose crops are ravaged by drought. water tables drop, making this amend- gency due to severe water shortages and con-
They represent homeowners displaced ment even more important. We cannot ditions of extreme drought within Kern
by wildfires. They certainly have con- leave our Western communities vulner- County. State Water Project deliveries were
stituents who use the power grid. able to drought and aging infrastruc- reduced to only 5 percent of full contract
Extreme weather clearly threatens ture. amounts in water year 2021 and the U.S. De-
our security, but my Republican col- I encourage my colleagues to support partment of Agriculture designated Kern,
leagues seem content to watch the this amendment. among 50 other California counties, as pri-
world burn. I am not, and neither are Madam Chair, I include in the mary natural disaster areas due to drought.
RECORD letters supporting my amend- Since then, drought conditions have wors-
my Democratic colleagues. That is why
ened. According to the U.S. Department of
I will vote for H.R. 5118, and I urge my ment from the county of Tulare, coun-
Agriculture and National Oceanic and At-
colleagues to do the same. ty of Kern, and city of Exeter, all of mospheric Administration’s US Drought Mon-
Mr. WESTERMAN. Madam Chair, I which are located in my congressional itor released on July 21, over 97 percent of
yield myself such time as I may con- district. California is now in a severe drought and
sume. COUNTY OF TULARE, over 59 percent is considered to be in ex-
I know there is a lot of talk about Visalia, CA, July 26, 2022. treme drought. With roughly four months of
Re H.R. Conway/McCarthy Amendment to hot, dry weather likely until the winter
the IIJA and what a great bill it was. It H.R. 5118, Wildfire Response and Drought rainy season begins again next November,
was the largest infrastructure bill Resiliency Act—Support. precious groundwater resources will con-
passed in the history of the world. It Hon. KEVIN MCCARTHY, tinue to decline.
was so important that it never even House of Representatives, California’s water challenges are mounting
went through a committee here in the Washington, DC. as more intense and prolonged droughts
House. It came right to the House Hon. CONNIE CONWAY, recur. Rural communities are most suscep-
floor, and it seems like all we are doing House of Representatives, tible to losing running water because they
is fixing it. We have a suspension bill Washington, DC. typically rely on groundwater from small
we will be voting on later that fixes a DEAR HOUSE MINORITY LEADER MCCARTHY community or domestic wells, which tend to
AND REPRESENTATIVE CONWAY: On behalf of run dry during these periods. Access to water
problem that was in the IIJA.
the Tulare County Board of Supervisors, I is a fundamental human right and every Cal-
I am confused why my colleague is write in support of House Minority Leader ifornian should be able turn on their tap and
pushing this bill that would undo much McCarthy and Congresswoman Conway’s pro- expect clean water to flow.
of the core work in the IIJA, including posed amendment to H.R. 5118, the Wildfire For these reasons, the Kern County Board
the $170 million that would go to his Response and Drought Resiliency Act. The of Supervisors strongly supports your pro-
district under the current 10-year proposed amendment will address critical posed amendments to H.R. 5118 and urges the
strategy. water supply challenges faced by our Coun- House to adopt them without delay.
I think it is another example of why ty’s most vulnerable and underserved popu- Sincerely,
lations. ZACK SCRIVNER,
we have to do regular order and why we Tulare County oversees more than 50 cen- Chairman, Kern County Board of Supervisors.
have to bring these bills to committee. sus designated places and unincorporated
b 1200 communities across California’s Central Val- CITY OF EXETER,
ley. The majority of these sparsely populated OFFICE OF THE CITY ADMINISTRATOR,
We want to solve these problems, but districts rely upon groundwater to sustain Exeter, CA, July 27, 2022.
you have to have real solutions to daily life which continues to be adversely af- Re McCarthy/Conway Amendment to the
solve a problem. There are examples of fected by drought induced water quality and Wildfire Response and Drought Resil-
how we can do bipartisan work to fix quantity issues. Every community and mu- iency Act (H.R. 5118).
forestry. nicipality in Tulare County depend upon a To Rep. MCCARTHY and Rep. CONWAY: The
Madam Chair, I yield 1 minute to the system of wells to guarantee the water needs City of Exeter supports the McCarthy/
of their residents. As the California drought
gentleman from California (Mr. Conway Amendment to the Wildfire Re-
persists, water service providers of our eco- sponse and Drought Resiliency Act (H.R.
MCCARTHY), who is working on bipar- nomically dis-advantaged communities
tisan forestry legislation. 5118). One of the biggest stumbling blocks for
struggle to find the required funding to exca- an agency to supply water to an adjacent
Mr. MCCARTHY. Madam Chair, I vate deeper wells or upgrade the infrastruc- rural community is funding for the improve-
thank the gentleman for yielding, and ture required to connect with nearby water ments needed not only to make the connec-
I thank him for his work. This is prob- systems. tion but also to the agency system to be able
ably one of the areas we work on where The proposed amendment to H.R. 5118
to supply water outside their jurisdiction.
his knowledge when it comes to the would authorize significant grant funding
Most cities don’t have the means to do this
that would fully fund water projects for our
forest, healthy forests, and making small unincorporated communities elimi-
on their own, especially since the agency
sure they are there for the future is so rate payers cannot be burdened with this ad-
nating the current funding barriers in place
important. ditional cost, which is illegal to do in most
that delay sustainable water solutions for up
I rise today in support of my amend- cases. This amendment would help cities like
to six years before any ground can be bro-
Exeter to fund the needed improvements to
ment, which would simply establish a ken. Our most vulnerable residents should
make these connections a possibility. Ac-
program to incentivize larger commu- not have to wait that long to have access to
cordingly, we urge its adoption by the House.
nities to integrate nearby smaller, clean and sufficient drinking water.
For these reasons and more, the County of If you have any questions, please feel free
rural communities into their drinking Tulare supports this proposed amendment to contact me.
water systems when the smaller com- and urges its adoption by the House. Thank you,
munities’ drinking water wells run dry. ADAM ENNIS,
In my district, the community of EDDIE VALERO, City Administrator.
Chair, Tulare County Board of Supervisors.
Tooleville has run out of water, as the Mr. MCCARTHY. Madam Chair, now,
groundwater table drops, and aging in- BOARD OF SUPERVISORS, why are we asking for this amend-
frastructure fails or becomes obsolete. Kern County, CA, July 26, 2022. ment?
While the long-term solution is to con- Re Amendments to H.R. 5118, Rural Commu- The one thing you would have to see,
nect Tooleville to the city of Exeter’s nities Drinking Water Resiliency—Sup- there have been no major reservoirs
drinking water system, that can be ex- port. built in California since 1979. Think of
pensive for both Exeter and Tooleville. Hon. KEVIN MCCARTHY, the population difference in between
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This amendment would reduce con- Washington, DC. that time.
nection costs for Tooleville residents DEAR CONGRESSMAN MCCARTHY: I am writ- California is very blessed. We get
ing on behalf of the Kern County Board of
while also enabling Exeter to increase snow in the north, we grow the agri-
Supervisors to express our strong support for
its water supply to meet increased de- the amendments to H.R. 5118 authored by culture for the world in the Central
mands with its customers. you and Congresswoman Conway. The pro- Valley—my good friend from the other
Tulare County advises me that if posed rural communities drinking water re- side of the aisle, I believe that is where
California’s droughts continue, more siliency appropriation of $50 million per year his family used to be from—and in the
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7423
south, we have major population. But Save Our Sequoias. LAMALFA, whose H.R. 4505 is in this
no new reservoirs. This is a wildfire bill that won’t even bill, would disagree. I suspect H.R. 5345,
Now we have got challenges where save the sequoias, even though the a bill introduced by Mr. MOORE which
cities are actually running out of President talked about this just last is also in this bill, I think tends to re-
water, but it is not that we don’t have week, that it was a big concern to him. fute that fact.
enough water. In those wet years, we Why wouldn’t it get put in? Madam Chair, I yield 1 minute to the
can save it. We can even pump it out of It is not that it hasn’t been through distinguished gentleman from Arizona
the ground to bring it back out. But in committee because the committee (Mr. STANTON).
California, at times they care more won’t bring it up. But that is not the Mr. STANTON. Madam Chair, I join
about a fish and the water goes out to pattern of the Democrats. It doesn’t my colleagues in support of the Wild-
the ocean. matter if a bill has been through com- fire Response and Drought Resiliency
Now, we talk about desalinization. mittee or not; they will drop anything Act. I support this bill because we are
So we would spend billions of dollars to in. in the midst of a crisis. After decades
create a desalinization plant for the This is a bill that both sides agree of severe drought, the Colorado River,
freshwater we put into the ocean to upon. I have to give credit to the which supplies water to 40 million peo-
make it saltwater to bring it back into Democrats—Congressmen PETERS, PA- ple across seven States, is on the brink
freshwater. NETTA, COSTA, and others—who went to of collapse. The future of Arizona and
Why wouldn’t we just store more the giant sequoias to study the issue to the entire American Southwest de-
water for those dry years? know what needs to happen, to work pends on how we respond.
We have worked on this issue for toward it, and save them. Bold action to protect our water sup-
quite some time. We actually think the Why would we want to destroy them? ply has never been more important,
greatest return on investment would be Why would we not use this oppor- and the Federal Government needs to
to just lift Shasta Dam, the reservoir. tunity and put it in this bill? act with the urgency before it is too
If you simply enlarged it, it could store Is it because it is bipartisan? late.
more. Can you only bring bills to the floor The Wildfire Response and Drought
We got to a bipartisan bill, the WIIN that are partisan? Resiliency Act is a necessary step to
Act, working with DIANNE FEINSTEIN. It is interesting when my constitu- help our communities deal with the im-
It passed this House with big numbers. ents ask—all the challenges on this pacts of climate change and a drier fu-
It passed the Senate with more than 70 floor, when my constituents were going ture. It builds on the investments in
votes. to ask me about a firefighter bill to the bipartisan infrastructure law to
But you know what happened after it help save our forests, but it would use our water more efficiently, and it
passed? eliminate 610 firefighters? includes my legislation to provide $500
Speaker PELOSI and other Democrats Only a Democrat Congress could million for immediate action to pro-
fought it, actually killed the ability think that is a wildfire bill, that you tect critical water levels in Lake Mead
that California could determine their are going to eliminate 610 firefighters. and Lake Powell.
own destiny. How is that going to protect them Time is of the essence. We must act
And now today we come down, and more? now. We cannot allow this crisis to
this is supposed to be a wildfire bill. In It is only in this Congress that you turn into a catastrophe. I urge my col-
my State, we have wildfires all the could have a bill that is called the leagues to save the Colorado River,
time. We have one raging right now. American Rescue Plan that creates in- save the American Southwest, and sup-
We have a very large one in Yosemite. flation. port this bill.
Also in California, we are blessed to It is only in the American Rescue Mr. WESTERMAN. Madam Chair, I
be the only State in the world that Plan that you could tell the American yield 2 minutes to the gentleman from
grows giant sequoias. You all know public, can you afford to lose a month’s California (Mr. MCCLINTOCK).
that iconic tree. You all know and have salary? Mr. MCCLINTOCK. Madam Chair,
seen it before. It grows for 2,000 to 3,000 No one will say yes, but that is ex- this is the Democratic equivalent of
years. History tells us that the only actly what you took from them. That fiddling while our forests burn. They
major time we have ever seen a giant is what inflation has done. call it the Wildfire Response and
sequoia die was in 1297 from a fire. Nor- This bill is needed, not the bill you Drought Resiliency Act, but while it
mally they just die because they get so have written, but on this issue. You spends lavishly, it accomplishes almost
large and they topple over. have Save the Sequoias, it is a crisis nothing.
But do you realize in the last 2 years before us, and you will not even put it For 14 years in Congress, I have dealt
we have lost 20 percent of all the giant in the bill when it is bipartisan. extensively with issues of fire and
sequoias? There is a warning right now I cannot imagine that you would water, and here is what I have learned:
that we can lose them all just in the bring a bill forward that would elimi- Excess timber will always come out of
next couple years. Firefighters right nate firefighters that we need when we the forest. Either we will carry it out
now are risking their lives to protect are on fire. or nature will burn it out. When we
them. And I cannot imagine that you carried it out by logging, we enjoyed
But you know what? This body can wouldn’t work to build more reservoirs healthy forests and a thriving econ-
be very proud of the fact that there is so people can store water in the wet omy.
a bipartisan bill, Save Our Sequoias, years so it will be there in the dry We stopped active forest manage-
with the same number of Democrats years. ment decades ago due to radical envi-
and Republicans on that piece of legis- Mr. NEGUSE. Madam Chair, I yield ronmental laws that have made it im-
lation. They would go into these myself such time as I may consume. possible. Today our forests are now
groves, clean out, and protect them I have just a few key points. morbidly overgrown, and nature is
where firefighters wouldn’t have to First, I understand why there is some again burning out the excess.
risk their lives, or even when fires confusion on the other side regarding This bill does nothing to reform the
came, these giant sequoias would con- the firefighter pay provision because, laws that have made active forest man-
tinue to live. again, my colleagues voted against in- agement impossible, and instead it
It has been introduced. How did that creasing firefighter pay a year ago consigns us to fight a losing battle that
bill get introduced? when the bipartisan infrastructure bill will cost us our forests for generations
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Because a bipartisan group went to was before this body, so I understand to come.
the giant sequoias, studied what need- that they are prepared to vote against When it comes to water, droughts are
ed to happen, and came together. Ev- it again. nature’s fault. They happen. But water
erybody didn’t get what they want, but I would just simply say with respect shortages are our fault. They are the
at the end of the day they could save to the provisions of this bill, and choice we made when the same radical
the giant sequoias. whether they are bipartisan, partisan laws made new dam construction im-
You know what is not in this bill? or not, I suspect that Representative possible. Dams save water for wet
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H7424 CONGRESSIONAL RECORD — HOUSE July 29, 2022
years so that we have plenty in the dry the Colorado basin were not consulted ment officers, which will improve safe-
ones. We will not solve our water on this $500 million Colorado River pro- ty and oversight of our forests, espe-
shortage until we build more dams, and vision and don’t even know what it cially during high-risk days when fires
we can’t build more dams until we would be used for. That is another rea- can start in an instant.
overhaul these same laws. son why we should actually work on Another critical provision included
Instead, this bill pours hundreds of these issues in committee and have a will create a grant program to remove
millions of dollars into desalination. bipartisan markup. nonnative plant species, like salt ce-
The most successful desalination plant Madam Chair, I yield 1 minute to the dars, that contribute to drought and
is in Carlsbad, California. At a time gentleman from Utah (Mr. MOORE). fire conditions.
when we can’t guarantee enough elec- Mr. MOORE of Utah. Madam Chair, Importantly, also within this pack-
tricity to keep your lights on, Carlsbad while I cannot support the entirety of age are two Tribal water settlements
consumes enough electricity to power the package we are considering today, that I have fought for since 2017 when
250 homes in order to produce enough I am grateful that my bipartisan, bi- I arrived in Congress, the White Moun-
water for one home. cameral Saline Lake Ecosystems in the tain Apache Tribe and Hualapai Tribe
This bill is pure folly. It will con- Great Basin States Program Act was water settlements. The Tribes have
sume billions of dollars of our re- included in this bill. been waiting decades for these Federal
sources while condemning us to a dis- This important legislation, which approvals.
mal future of chronic forest fires and moved through the House Natural Re- In addition, these settlements will
water shortages. sources Committee with unanimous provide the State of Arizona with
Mr. NEGUSE. Madam Chair, I yield 2 support, will be the first step in ad- greater surety in its water future.
minutes to the distinguished gen- dressing the challenges many Utahns Today, I am looking forward to join-
tleman from Nevada (Mr. HORSFORD). know we are going through right now ing my colleagues gathered here to
Mr. HORSFORD. Madam Chair, it is with the Great Salt Lake and other sa- vote to pass this critical package of
great to see the gentlewoman in the line lakes. bills. I also acknowledge that there is a
chair. I thank Chairman GRIJALVA for Let me say a special thank-you to tremendous amount of work over dec-
bringing this important bill to the my friend from California, Congress- ades that has not been done by this
floor, and I applaud the gentleman man HUFFMAN. He and I disagree on Congress that it has to complete.
from Colorado (Mr. NEGUSE), my friend many issues, the entirety, almost, of Mr. WESTERMAN. Madam Chair, I
and colleague, for leading this legisla- this bill or this approach, but I do ap- yield 2 minutes to the gentleman from
tion. preciate the relationship that we have
Madam Chair, I rise today in strong Washington (Mr. NEWHOUSE).
been able to establish so we can get Mr. NEWHOUSE. Madam Chair, I
support of H.R. 5118, the Wildfire Re- this to the point where we got it today. thank my friend from Arkansas for al-
sponse and Drought Resiliency Act. It is very important to my State. My
As a native of Las Vegas, I grew up lowing me to speak on this important
State legislature has been working on
with frequent trips to Lake Mead, issue.
this, as well as our Governor. It has Madam Chair, rural communities
which is part of my district. That is been a key aspect.
why it is heartbreaking to see levels at across the country are plagued by per-
Let me add one piece about what we
Lake Mead at their lowest point since sistent drought and catastrophic
are going to be talking about today.
the reservoir was first filled in 1937. It wildfires, especially communities in
The Republican team, led by Mr.
is currently only 27 percent full. the Western United States. As the Rep-
WESTERMAN, has exceptional ideas on
Madam Chair, Nevada and much of resentative for Washington’s Fourth
how to get out ahead of this issue that
the U.S. West has experienced a very Congressional District and as chairman
we are facing with wildfires, and we
hot and dry summer, fueling drought of the Congressional Western Caucus, I
want to have that voice and have that
and even fires in some areas. have been consistently calling for these
be implemented more on these issues.
In this year’s appropriation bill, we Mr. NEGUSE. Madam Chair, I say issues to be taken up in committees
secured $6 million for the Lake Mead/ thank you to my Republican colleague and here on the House floor.
Las Vegas Wash program to directly and neighbor from Utah and that we In one sense, I am very glad that our
address the falling water levels, and are glad we can get his bill into this colleagues from across the aisle are fi-
this legislation, the Wildfire Response important bipartisan Wildfire Response nally realizing just how crucial these
and Drought Resiliency Act, will fur- and Drought Resiliency Act package. issues are, but I am disappointed by
ther address some of the issues being Madam Chair, I yield 2 minutes to the fact that today’s rushed package of
caused by this heat and drought. the gentleman from Arizona (Mr. provisions fails to address the root
This package represents 49 individual O’HALLERAN). challenges that we face in the West and
Member bills, bringing together many Mr. O’HALLERAN. Madam Chair, I ignores a myriad of solutions that were
great ideas and solutions to the prob- thank the gentleman from Colorado for offered by my Republican colleagues.
lem. yielding. I also thank Chairman GRI- Rather than fixing our broken, dupli-
Madam Chair, it establishes new hir- JALVA for the work he put in. cative requirements under the National
ing authorities and minimum basic pay I rise to speak, Madam Chair, in sup- Environmental Policy Act, this pack-
for the brave men and women who port of the Wildfire Response and age adds more regulation and bureau-
serve as wildland firefighters. Drought Resiliency Act. This bill in- cratic red tape. Rather than enhancing
It provides $500 million to prevent cludes many long-fought initiatives to opportunities for long-term water stor-
key reservoirs, like Lake Mead, from address the mega-drought and year- age infrastructure and offering any
declining to unsafe levels. round wildfires we see in Arizona. type of lasting solutions for forests and
It invests in drought-proof water in- Arizona’s First Congressional Dis- species management, it focuses on add-
frastructure, like water recycling and trict encompasses rural and Tribal ing environmental studies and
desalinization projects. prioritizing environmental justice.
communities, six national forests,
This legislation also secures water Madam Chair, my colleagues and I
three Tribal forests, along with the
reliability for Indian Country, invest- submitted numerous amendments that
ing $1 billion in Tribal clean water ac- Grand Canyon. There is no longer a
wildfire season in northern Arizona. would actually solve these problems—
cess. to encourage additional water storage,
And it will support the development Deadly wildfires happen year-round,
and these fires threaten our homes, active land forest management, com-
of modern water management data and
businesses, and communities. monsense reforms to the Endangered
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technology.
H.R. 5118 will protect and restore im- Included within the final package are Species Act, and critically needed do-
portant ecosystems, and I encourage several bills that address key policy mestic energy and timber development.
this body to pass this legislation. steps we can take to address wildfires, Unfortunately, Madam Chair, Demo-
drought, and public safety in our na- crats refused to even let these amend-
b 1215 tional forests. ments be considered for debate.
Mr. WESTERMAN. Madam Chair, This legislation allows for the hiring This bill fails to address the actual
many of the water and power users in of more Forest Service law enforce- problems facing rural communities and
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7425
will likely exacerbate the very issues Madam Chair, we must pass the Wild- When I visited the burn scar, Bran-
Democrats claim the bill addresses. fire Response and Drought Resiliency don Bustos, a third grader evacuated
Madam Chair, I urge my colleagues Act, and we must pass it to prevent from his beloved village, said: ‘‘Mora
to vote ‘‘no’’ on this legislation. more devastating fires. We must pass it will be back. I guarantee it.’’ He has
Mr. NEGUSE. Madam Chair, I have to ensure that our life-giving rivers do not given up on his future. Neither
great respect for my colleague from not continue to run dry. We must pass have I, and neither have any of us who
Washington, and we have worked to- this legislation so that our commu- will vote for this bill because this bill
gether closely in the past. nities have the tools and the resources will help Mora rebuild.
I would just say that we are consid- that they need to remain resilient. It will pay firefighters a minimum
ering a number of amendments today, Madam Chair, the time to act is now, wage that is necessary because they
including an amendment from the Re- and the time to support our commu- risk their lives for us. It will invest in
publican leader, Mr. MCCARTHY, who nities is now. burn centers of excellence and the
spent a great deal of time on the floor Mr. WESTERMAN. Madam Chair, I science, technology, and data sharing
just a few moments ago talking about yield 1 minute to the gentleman from we need to build resiliency and make
his particular amendment. Idaho (Mr. FULCHER). every precious drop of water count be-
Madam Chair, I yield 3 minutes to Mr. FULCHER. Madam Chair, what cause agua es vida.
the gentlewoman from New Mexico is a just transition to so-called clean Madam Chair, I urge my colleagues
(Ms. STANSBURY). energy? We have been hearing the term to vote for the bill today.
Ms. STANSBURY. Madam Chair, I all week from my colleagues across the Mr. WESTERMAN. Madam Chair, I
rise today in support of the Wildfire aisle. Does a just transition mean the yield 1 minute to the gentleman from
Response and Drought Resiliency Act highest inflation in 40 years or record California (Mr. LAMALFA).
as wildfires have been burning across energy prices? Does it mean handing Mr. LAMALFA. Madam Chair, I ap-
my home State of New Mexico and our out billions of dollars to the green so- preciate Mr. NEGUSE working on this
life-giving Rio Grande has dried for the cialist lobby? legislation here, but to have this all in
first time in decades in significant Does a just transition mean we let
a catchall bill—in my home State of
stretches of the river. This bill is vital our Federal forests burn year over year
California, the two biggest things
to supporting our communities as they without maintaining them? Or does it
going on are wildfire and drought,
are responding to the impacts and mean we don’t give Tribes the same
other than politics. So, to have so lit-
working to build a more resilient fu- ability to take care of the forests as
tle time to put this together, I wish we
ture. States have?
Just transition means some, but not had more time to work on this.
This year, communities across our I appreciate that he included a small
State have been battling unprece- all, can maintain the spaces around
piece on biochar that I was working on,
dented wildfires that have devastated them, and I am disappointed that my
but the big picture here is the drought
homes and livelihoods and taken the amendment was not included in today’s
is affecting so much of my State. These
lives of four first responders just a cou- bill.
My amendment would have enabled crops listed here, many of them 100 per-
ple of weeks ago from Bernalillo Coun- cent of what is used in the United
Native Tribes and counties, which have
ty in my home district, exacerbated by States. Hundreds of thousands of acres
to live with the unmanaged forests
a millennial drought and the impacts are being left out.
around them, to have an opportunity
of global climate change. The people in this country will not
to help our forests be healthy.
But we are New Mexicans, and we are I stand in opposition to this bill for a see these crops come from California or
resilient. This bill, which includes our lot of reasons, just two of which are the U.S. They will come from other
wildfire legislation and three of my not including Tribes and counties in countries if we get them at all.
water bills, is crucial to the future of this so-called wildfire response pack- On the forestry side, I had the Dixie
our State. age. fire last year. That was a million acres.
That is why I am so incredibly grate- Mr. NEGUSE. Madam Chair, I yield 2 Yet, we are going to take the power
ful for the leadership of this body, to minutes to the gentlewoman from New away from the Forest Service, which
Speaker PELOSI, Leader HOYER, my Mexico (Ms. LEGER FERNANDEZ). already moves at a glacial pace of 1
good friend Representative JOE Ms. LEGER FERNANDEZ. Madam percent per year under their 10-year
NEGUSE, and our amazing committee Chair, I thank Chairman GRIJALVA and plan of treating forests lands—take
chairman, Mr. GRIJALVA, for their in- everybody who has worked to bring away 600 of their staff and basically
credible leadership in meeting this mo- this bill to the floor today. just make it that much slower for the
ment and putting together a com- A historic drought has forced ranch- Forest Service to respond.
prehensive package to address drought ers in our parched Eastern Plains to Between the drought and the
and wildfire across our country. sell their cattle early. weaponizing, possibly, of monitoring
These bills will empower our commu- We don’t collect and share data about against farmers the water supply, we
nities, our Tribes, and our Pueblos, our precious water resources with the are going backward on this. So, I am
who have depended on these life-giving ranchers, Tribes, and farmers who need disappointed.
waters since time immemorial, our it most. b 1230
acequias and our land grants, who have Four brave firefighters lost their
depended on these lands and waters for lives battling wildfires across my beau- Mr. NEGUSE. Madam Chair, I would
generations, and empower our commu- tiful State. Five more people died in say first, we are glad that we got Mr.
nities with the tools, resources, and the fires and the floods from the burn LAMALFA’s H.R. 4505 into this bill, and
science to meet the moment. scars. Today, I honor each of those I am looking forward to supporting it
My bipartisan Water Data Act will nine souls and their grieving friends today. I have to, again, respond to this
help unlock the power of big data and and family. argument that has been made about
science to help transform water man- The Wildfire Response and Drought the 10-year plan.
agement across the United States. Resiliency Act is like a gentle monsoon I would hope that my colleagues and
Our Rio Grande Water Security Act rain falling on our thirsty landscape. It I could agree to argue the merits of the
will help to create a framework for col- brings real solutions to these problems. bill based on the text of the bill. The
laboration and innovation to keep It includes my Hermits Peak-Calf bill makes clear that the activities
water in our precious river. Canyon fire bill to compensate those that the Forest Service is mandated to
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The WaterSMART Access for Tribes who lost their ancestral homes, busi- implement include the Wildfire Crisis
Act will help to lower barriers so that nesses, and ranches when the Forest Landscape Investments plan titled:
our Tribes and Pueblos can access vital Service started not one but two fires ‘‘Confronting the Wildfire Crisis: Ini-
funding for water security projects. that became an inferno of destruction. tial Landscape Investments to Protect
Our Hermits Peak bill will help to These fires scorched 534 square miles of Communities and Improve Resilience
make our communities that have been land in Mora, San Miguel, and Taos in American’s Forests’’ dated April
devastated by wildfires whole again. Counties. 2002. What is that document? That is
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H7426 CONGRESSIONAL RECORD — HOUSE July 29, 2022
the 10-year plan that the Forest Serv- Mr. NEGUSE. Madam Chair, I yield 2 Science tells us that the only way to
ice authorized that we voted for back minutes to the distinguished gen- reduce the intensity of these wildfires
last November. So this codifies that tleman from California (Mr. PANETTA), is to reduce the density of the fuels
and builds upon it by giving the Forest who has become a real leader here in through either mechanical thinning or
Service more resources to do even our caucus and in the Congress on for- prescribed burns. But unfortunately,
more landscape restoration and forest estry and forest management. this bill makes the situation even
management across the country. Mr. PANETTA. Madam Chair, I rise worse by locking up over 58 million
Madam Speaker, I yield 1 minute to today in support of the Wildfire Re- new acres of forest with a wilderness
the gentleman from California (Mr. sponse and Drought Resiliency Act. designation that would prevent the use
RUIZ). Let me, of course, thank Representa- of mechanical thinning or prescribed
Mr. RUIZ. Madam Chair, I rise today tive NEGUSE for his strong leadership burns to reduce the density of the
with my daughters in strong support of on these issues, as well as Leader fuels.
H.R. 5118, the Wildfire Response and HOYER for getting this bill to the floor. This bill is called the Wildfire Re-
Drought Resiliency Act. This legisla- I also acknowledge and understand sponse Act, but, Madam Chair, our re-
tion includes my bill, the Salton Sea my good friend Mr. WESTERMAN’s com- sponse to wildfires cannot be to take
Projects Improvements Act, which will plaints about regular order, but I also actions that make future wildfires even
take strong action to address the crisis know that he understands how urgent more destructive.
at the Salton Sea. of action is needed, especially when it I urge a ‘‘no’’ vote.
comes to us getting a grip on the con- Mr. NEGUSE. Madam Chair, I yield
In our region, drought and reduced
flagrations, the devastation, and the 11⁄2 minutes to the distinguished gen-
water flows into the Salton Sea have
destruction that we are experiencing in tlewoman from Texas (Ms. JACKSON
led to deteriorating water quality and
the American West when it comes to LEE).
toxic dust that threatens local commu- Ms. JACKSON LEE. Madam Chair, I
nities’ health. wildfires.
Right now we have a record drought thank the distinguished gentleman
My bill will authorize $250 million from Colorado for yielding, and I thank
the Bureau of Reclamation can spend that has led to record levels of dryness.
Dead and dying fuels have created vast this body for recognizing the cruciality
on the Salton Sea and expand the types of where we are today as it relates to
of transformative projects at the sea. swaths of wilderness that are flam-
mable, ignitable, and combustible just fires.
This will ultimately strengthen our I know the gentleman’s territory, but
from a single spark, a simple downed
all-hands-on-deck approach to this en- many people might not know that
power line, a smoldering campfire, or a
vironmental and public health crisis by Texas also is impacted by wildfires. So,
strike of lightning that can absolutely
expanding the bureau’s ability to work I rise in strong support for H.R. 5118,
wipe out not just our forests and our
with State, local, and Tribal partners the Wildfire Response and Drought Re-
parks, but lives and livelihoods.
in the area. This legislation contains a number of siliency Act for many reasons.
I urge my colleagues to swiftly pass bills that would help reduce that One, I support my firefighters. As
this drought and wildfire bill, and I threat, including my Save Our Forests anyone has seen firefighters who fight
urge the Senate to do the same. Act that would authorize the Forest these fires being interviewed, they are
The SPEAKER pro tempore. The Service to hire more employees to help in the midst of the fire. As anyone has
Chair will remind all Members to re- manage not just forests but the people heard the families that look and say
frain from references to guests on the there is nothing here; but for fire-
who visit our forests.
floor. Eighty percent of wildfires are fighters, I would not be here.
Mr. WESTERMAN. Madam Chair, I So Houston is no stranger to these
caused by humans, so more Forest
yield 1 minute to the gentleman from weather conditions. Fifty-one trillion
Service personnel are needed to man-
Montana (Mr. ROSENDALE). gallons of water fell from Hurricane
age humans acting like humans.
Mr. ROSENDALE. Madam Chair, as Harvey, yet wildfires are another type
Additionally, the Wildfire Emergency
it stands now, this bill will make a of extreme weather that imperils our
Safety Act, which I authored with Sen-
vast swath of land inaccessible, making community, and it is attributable to
ator FEINSTEIN, provides a strategy and
it harder for wildfires to respond. climate change, as Hurricane Harvey
the authority to start thinning out the
This bill’s approach to wildfires is was.
undergrowth of overgrown forests and Wildfires are often unplanned fires,
backwards. The people of Montana and then set prescribed burns to eliminate
across the West have seen too many which burn in a natural area such as a
those dead and dying fuels. forest. Along with the destruction and
fires scorch homes, businesses, and for- This bill would do that at the na-
ests. It has destroyed air quality, water loss of forests caused by blazes, there
tional level with large-scale restora- are immediate and long-term environ-
quality, and fisheries. They appreciate tion projects, and it would do that at
the bravery of the responding fire- mental impacts that dramatically af-
the local level with non-Federal lands fect vital resources. Expanded areas of
fighters, but I believe many would pre- through partnerships with our Federal
fer never to see the wildfires in the high-severity fire can impact tree re-
stakeholders. generation, soil erosion, and water
first place. Let me also make one thing clear to quality, and, yes, the quality of life. It
My amendment would have addressed our environmental allies. This is not a can cause major destruction of prop-
root causes of wildfires by clarifying slippery slope to clear-cutting or com- erty and loss of life, and this legisla-
language in statute that allows radical mercial logging. This is not about tim- tion is a recognition of attempting to
environmentalists to delay the harvest ber harvesting for economic interests. address this question and address it
of timber as per the Cottonwood deci- This is about smart, science-based, now.
sion, which has made proper forest commonsensical stewardship for our The CHAIR. The time of the gentle-
management near impossible. forests. It is a solution to deal with our woman has expired.
The Cottonwood decision has delayed drought and a strategy to not just sup- Mr. NEGUSE. Madam Chair, I yield
forest planning, wildfire mitigation ef- press wildfires, but, also, to do every- an additional 15 seconds to the gentle-
forts, and ultimately weaponized the thing we can to prevent them. woman from Texas.
Endangered Species Act, allowing spe- Mr. WESTERMAN. Madam Chair, I Ms. JACKSON LEE. Madam Chair,
cial interest groups to line up like pigs yield 1 minute to the gentleman from this bill would boost pay and benefits
at the trough, lapping up legal fees and California (Mr. OBERNOLTE). for firefighters, help the U.S. Forest
settlements, stripping valuable re- Mr. OBERNOLTE. Madam Chair, last Service fill gaps in fire management
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sources from agencies and keeping year, my home State of California ex- staff, expand forest management
them from carrying out their mission. perienced the worst year for wildfires projects, and reduce hazardous fuels.
In closing, I will say that I am ap- in the entire history of the State. I ask my colleagues to support the
palled that Democrats will not con- As of this morning, the Oak Fire is underlying bill.
sider the commonsense amendments burning just outside my district. It has Madam Chair, I rise in support of H.R. 5118,
like mine, which would allow these consumed over 100 homes and displaced also known as the Wildfire Response and
mitigation efforts to take place. tens of thousands of people. Drought Resiliency Act.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7427
Climate change is the most important exis- presence of trees, shrubs, and other potential evacuation of a rural area south of Tolar,
tential challenge of our lifetime. It is not simply fuel. All these factors have strong direct or in- about 45 miles (72 kilometers) southwest of
an issue, but a threat with credible and un- direct ties to climate variability and climate Fort Worth.
It was not yet clear how many, if any, of
compromising dangers to our world. change. the 12 structures lost as of Tuesday after-
Climate change degrades living conditions, Climate change enhances the drying of or- noon were residences or businesses, Forest
human security, and our government’s ability ganic matter in forests (the material that burns Service spokeswoman Mary Leathers said.
to meet the basic needs of their populations. and spreads wildfire) and has doubled the Meanwhile, crews continued to battle a
For too many years, we have heard warn- number of large fires between 1984 and 2015 wildfire that has burned at least 10 struc-
ings from scientists regarding the danger to in the western United States. tures, five of them homes, around a lake in
people if nothing is done to reverse the The stress that extreme weather is placing North Texas, authorities said.
amounts of greenhouse gases released into The fire at Possum Kingdom Lake about 70
on the nation cannot be understated. miles (113 kilometers) west of Fort Worth,
the atmosphere. H.R. 5118 would boost pay and benefits for which began Monday afternoon, had burned
One of the most devastating consequences firefighters, help the U.S. Forest Service fill about 500 acres (202 hectares) and was 10%
of climate change is the frequency and inten- gaps in fire management staff, and expand contained Tuesday, Forest Service spokes-
sity of extreme weather disasters. forest management projects to reduce haz- man Adam Turner said. Firefighting crews
Houston is no stranger to these intense were working around the clock, focusing on
ardous fuels.
weather incidents. On August 25, 2017, Hurri- protecting threatened homes in resort sub-
The provisions and purpose of this bill are
cane Harvey, a Category 4 storm hit Texas, divisions along the lake’s western shore.
not new. Historically, Congress has made nu- The area remained under a voluntary evac-
causing $125 billion in damages and affecting
merous investments to fight drought, wildfire uation notice, the Forest Service said.
over 13 million people from Texas through
and the climate crisis. No injuries have been reported from the
Louisiana, Mississippi, Tennessee, and Ken-
The Bipartisan Infrastructure Bill, passed in fires, and their causes were under investiga-
tucky. tion. A combination of near-record- and
Climatologists agree that global warming November 2021, dedicated $7.81 billion under
Title VIII to the DOI and the Forest Service to record-high temperatures approaching 110
contributed to Hurricane Harvey’s impact. degrees Fahrenheit (43 degrees Celsius) com-
Studies found the amount of rainfall was be- reduce wildfire risk and support ecosystem
bined with breezes gusting as high as 30 mph
tween 15 to 38 percent higher because of restoration. In total, the bill allotted $3.369 bil- (40–50 kph) and drought conditions leave the
global warming. lion aimed at reducing wildfire risks. This region ripe for fire, the forest service said.
Rising sea levels as a result of climate amount was allocated to supporting fire- The National Weather Service has issued a
change also made flooding more likely near fighters, research dedicated to risk mapping, red flag fire warning for northern and cen-
Gulf Coast cities. The sea levels around Hous- satellite wildfire detection, etc. tral Texas and western and eastern Okla-
The measure would provide $1.6 billion in homa for Tuesday.
ton were six inches higher than 20 years ago. ‘‘We are experiencing dry fuels to a level
This is partly because warmer global tempera- annual spending on firefighter salaries and ex-
that we haven’t seen in the past 10 years,’’
tures have been melting the ice caps in Ant- penses at the Forest Service, and just under Turner said. ‘‘Any spark that lands in tall
arctica. They have been shrinking at 1.6 me- $2.4 billion annually for salaries and expenses grass or even lands in some short grass right
ters per year, compared to 3.8 centimeters an- for forest stewardship and management in the now is liable to spark.’’
nually before 1992. fiscal year beginning Oct. 1. Wildfires and intense heat in Texas and
Global warming also stalled weather pat- Forest management projects, which mainly some other parts of the United States come
involve reducing hazardous fuels such as as unusually hot, dry weather has gripped
terns in the region. That allowed Harvey to large swaths of Europe since last week, trig-
hover over Houston instead of moving back dead trees, are part of the bill, authorizing
gering wildfires from Portugal to the Bal-
out into the ocean. $500 million annually for that purpose. The kans and leading to hundreds of heat-related
Wildfires are another type of extreme weath- Department of Agriculture would select up to deaths.
er event that imperils many regions of the 20 large, landscape-scale restoration projects --
country. Wildfires are often unplanned fires over five years. [From the Associated Press, July 28, 2022]
which burn in a natural area such as a forest, H.R. 5118 represents a continuation of bi- BOTTLE-MAGNIFIED SUNLIGHT IGNITED PAPER
grassland or prairie. They have devastating partisan efforts to support the reduction of AND STARTED A 5OO-ACRE TEXAS WILDFIRE,
consequences on a region by decimating an wildfire risk. It is essential in order to protect OFFICIALS SAY
environment, while weakening a community’s communities from the devastating con- Sunlight magnified by glass bottles in an
health and economy. sequences of wildfires and to actively fight open garbage can ignite paper trash, starting
Along with the destruction and loss of forest against the impending climate crisis. The pro- a 500-acre North Texas wildfire that de-
caused by blazes, there are immediate and visions within H.R. 5118 are essential to the stroyed five homes, fire officials said Thurs-
day.
long-term environmental impacts that dramati- protection of our ecosystems and to the brave The July 18 fire on Possum Kingdom
cally affect vital resources. Expanded areas of first responders who are tasked with wildfire Lake’s western shore, about 70 miles west of
high-severity fire can impact tree regeneration, recovery efforts. Fort Worth, took eight days to fully contain.
soil erosion, and water quality. I urge my colleagues to support H.R. 5118. Chief Bonnie Watkins of the Possum King-
Wildfires can affect the physical, chemical, I include in the RECORD ‘‘North Texas dom West Side Volunteer Fire Department
and biological quality of streams, rivers, lakes wildfire continues to grow amid high found a trash can packed with party trash
and reservoirs. These changes are noticeable heat’’ and ‘‘Bottle-magnified sunlight that included paper goods, food and numer-
for years and even decades after a fire. ous glass bottles, according to a department
ignited paper and started a 500-acre
The smoke from wildfires can cause eye statement Thursday.
Texas wildfire, officials say.’’ Watkins concluded that a wind gust opened
and respiratory tract irritation and in more se- the can lid, allowing sunlight magnified by
[From ABC News, July 19, 2022)]
vere cases, reduced lung function, bronchitis, the glass bottles to ignite the paper. The fire
and an exacerbation of asthma and heart fail- NORTH TEXAS WILDFIRE CONTINUES TO GROW
built rapidly until the fire spilled from the
AMID HIGH HEAT
ure. Air pollution can spread up to thousands can and spread to nearby cedar trees, the
of miles away, not just in the surrounding re- GRAFORD, TEXAS.—A North Texas wildfire statement said.
continued to grow Tuesday amid sweltering Rich Johnson, a spokesman for the Insur-
gion. temperatures and dry conditions after burn-
Property loss and damage is another con- ance Council of Texas, a nonprofit insurance
ing at least a dozen structures, officials said. industry association, said he had never heard
sequence of wildfires. In 2020 alone, fires in The Chalk Mountain Fire about 50 miles of such a freakish cause for a wildfire.
the U.S. caused $21.9 billion in property dam- (80 kilometers) southwest of Fort Worth was ‘‘A fire started in a trash can is one thing,
age. What’s more, eight of the 10 costliest the largest active Texas wildfire as of Tues- but one caused by sunlight magnified by
wildfires ever in the U.S. have taken place in day afternoon after blackening 6,000 acres glass bottles? That’s a new one,’’ Johnson
the past five years. (2,400 hectares), an increase from 4,000 acres said.
Climate change exacerbates these condi- (1,600 hectares) Tuesday morning, the Texas North Texas has been plagued by numerous
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tions. Long periods of record high tempera- A&M Forest Service said. The fire, which explosive wildfires fostered by extreme
began Monday afternoon, was just 10% con- drought conditions combined with tempera-
tures as a result of climate change intensify
tained, and crews using bulldozers were tures topping 100 degrees and wind gusts.
droughts that contribute to dry conditions and digging containment lines while fire trucks Another fire that began the same day as
drive wildfires, which, in turn, reinforce the and aircraft worked to extinguish the the Possum Kingdom Lake fire continued to
cycle of environmental peril. flames, the Forest Service said. burn Thursday about 50 miles southwest of
Wildfire risk depends on a number of factors Late Tuesday afternoon, Hood County Fort Worth. However, a multi-agency fire-
such as temperature, soil moisture, and the Judge Ron Massingill ordered the mandatory fighting team continued to make slow by
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H7428 CONGRESSIONAL RECORD — HOUSE July 29, 2022
steady progress in containing the Chalk more than 50 percent in 2017. Nationwide shot firefighter Charlie Morton said to
Mountain Fire that has blackened 10 1/2 suppression costs in 2017 and 2018 ballooned his loved ones what he always said
square miles, destroyed 16 homes and dam- to $2.9 billion and $3.1 billion respectively, when there was a fire in the area: ‘‘I’ve
aged five others. while state wildfire expenditures have also
In a statement, team officials said crews
got to go protect my mountains.’’
increased substantially.
had improved containment from 50% to 53% Public Health: Hotshots like Morton serve in the
from Wednesday to Thursday and crews sup- The growing number of people in wild Vanguard. They are tasked with mak-
pressed a particularly stubborn portion of lands is increasing the risk to life, property ing the area safe for other firefighters
the fire with bulldozers Thursday. However, and public health. Smoke reduces air quality to operate. As one hotshot explained:
they also continued to strengthen fire lines and can cause eye and respiratory illness, es- ‘‘We do not get to turn around and
and attack hotspots as conditions remained pecially among children and the elderly. walk away.’’
critically conducive to ignitions and spread- Wildfires that burn in residential areas can I am hopeful that the Congress today
ing. melt plastic water pipes and cause contami-
The cause of the Chalk Mountain Fire has nation of water systems with a known car-
does not turn around and walk away.
not yet been determined. cinogen. This bill is a step to deal with the ex-
-- Natural Environment: traordinary consequences of climate
[From the Center for Climate and Energy Wildfires are a natural part of many eco- change that is afflicting our country.
Solutions, July 2, 2022] systems. Although wildfires produce a num- Yes, it is the West of our country, but
ber of greenhouse gases and aerosols includ- it is afflicting us all, in particularly,
WILDFIRES AND CLIMATE CHANGE
ing carbon dioxide, methane, and black car- the West.
Climate change has been a key factor in in- bon, the plants that re-colonize burned areas
creasing the risk and extent of wildfires in Firefighter Morton knew his work
remove carbon from the atmosphere, gen-
the Western United States. Wildfire risk de- erally leading to a net neutral effect on cli- was extremely dangerous, but he did it
pends on a number of factors, including tem- mate. However, when fires burn more fre- anyway because he believed in the im-
perature, soil moisture, and the presence of quently and consume larger areas, as they portance of protecting our Nation’s for-
trees, shrubs, and other potential fuel. All are doing with climate change, the released ests and the communities they sustain.
these factors have strong direct or indirect greenhouse gases may not be completely re- On September 17, 2020, backed into a
ties to climate variability and climate moved from the atmosphere if plants can’t
change. Climate change enhances the drying
corner by the encroaching flames, Mor-
grow to maturity before burning, or if the ton laid down his life in defense of that
of organic matter in forests (the material plants that re-colonize are less efficient at
that burns and spreads wildfire), and has conviction. It was a noble sacrifice but
carbon uptake.
doubled the number of large fires between one that no one should have to make.
HOW TO BUILD RESILIENCE
1984 and 2015 in the western United States. Much like Morton and his fellow hot-
Research shows that changes in climate Communities, builders, homeowners, and shots, America cannot afford to turn
create warmer, drier conditions. Increased forest managers can reduce the likelihood
around and walk away from the issue
drought, and a longer fire season are boost- and impacts of wildfires by:
Discouraging developments (especially res- of wildfires.
ing these increases in wildfire risk. For
much of the U.S. West, projections show that idential) near fire-prone forests through We must do everything we can to en-
an average annual 1 degree C temperature in- smart zoning rules. sure that other brave firefighters do
crease would increase the median burned Increasing the space between structures not have to give the full measure of
area per year as much as 600 percent in some and nearby trees and brush, and clearing their devotion as Morton did. That is
types of forests. In the Southeastern United space between neighboring houses. why I am proud to serve as co-chair of
States modeling suggests increased fire risk Incorporating fire-resistant design features the Congressional Fire Service Caucus
and a longer fire season, with at least a 30 and materials in buildings.
Increasing resources allocated to fire- and to bring this Wildfire Response and
percent increase from 2011 in the area burned Drought Resiliency Act to the floor
by lightning-ignited wildfire by 2060. fighting and fire prevention.
Once a fire starts—more than 80 percent of Removing fuels, such as dead trees, from today.
U.S. wildfires are caused by people—warmer forests that are at risk. Exacerbated, as we know, by the cli-
temperatures and drier conditions can help Developing recovery plans before a fire mate crisis, parts of the American
fires spread and make them harder to put hits, and implementing plans quickly after a West are experiencing the worst
out. Warmer, drier conditions also con- fire to reduce erosion, limit flooding, and drought in 1,200 years, and this is fuel-
tribute to the spread of the mountain pine minimize habitat damage.
ing deadly and damaging wildfires af-
beetle and other insects that can weaken or Mr. WESTERMAN. Madam Chair, I fecting millions of Americans.
kill trees, building up the fuels in a forest. yield 1 minute to the gentleman from These disasters, Madam Chair, tear
Land use and forest management also af- Oregon (Mr. BENTZ).
fect wildfire risk. Changes in climate add to through communities and inflict un-
Mr. BENTZ. Madam Chair, Oregon, told destruction and grief.
these factors and are expected to continue to
increase the area affected by wildfires in the Idaho, California, New Mexico; the This issue doesn’t just affect those
United States. Western United States is on fire. We living in the West, however. As I have
Since 2000, 15 forest fires in the United need to do something now. The folks said, the effects of drought and
States have caused at least $1 billion in dam- here probably remember last year when wildfires cost our country tens of bil-
ages each, mainly from the loss of homes and we looked out the window here in D.C., lions of dollars each year. We all pay a
infrastructure, along with firefighting costs. we saw smoke going over the top of price; not the price that Morton paid,
The 2017 wildfire season was well above aver- this town and that was Oregon or what
age, with deadly fires in California and but we pay a price.
used to be part of Oregon. To my friends on the other side of
throughout the West, including Montana, Or-
egon, and Washington state. The 2018 wild- If we are going to avoid that, we need the aisle who constantly deride our at-
fire season went on to also break records as to do something now. To delay is to de- tempts to address the climate crisis as
the deadliest and most destructive season on stroy. This bill, sadly, should be called too expensive, I would remind them
record in California. NOAA estimates the the delay bill. Why? Because built into that the cost of inaction in the form of
total costs of wildfires in 2017 and 2018 to be it throughout are obstacles to getting more frequent, more severe fires,
more than $40 billion. In 2019, wildfires back into the forests. Obstacles in the droughts, and other natural disasters is
caused an estimated $4.5 billion in damages form of foundations for litigation of all
in California and Alaska. Alaska’s record- far greater.
sorts, all types, and what we engage in
breaking heat and dry conditions over the
then is paralysis through litigation. b 1245
summer months set the conditions for the
state’s historic wildfire season. In 2020, five This bill creates numerous new From time to time, I quote a former
of the six largest fires on record burned in means of delaying getting back into Governor of our State, Ted Agnew,
California and Oregon saw historic levels of the woods. We cannot afford to do this. who, in his inaugural address in 1967,
wildfire spread and damage. Wildfires across To delay is to destroy. This bill needs on the east front of the capitol in An-
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the West led to weeks-long periods of to be opposed. napolis, where I was just entering as a
unhealthy air quality levels for millions of Mr. NEGUSE. Madam Chair, I yield 1 new State senator, said: ‘‘The cost of
people. minute to the gentleman from Mary- failure far exceeds the price of
Wildfire can affect:
Federal and State Budgets: land (Mr. HOYER), the majority leader. progress.’’ That is true here.
U.S. Forest Service fire suppression ex- Mr. HOYER. Madam Chair, in Sep- We must not fail, and we must re-
penditures had increased from about 15 per- tember of 2020, as the El Dorado fire spond. And we must respond effec-
cent of the agency’s appropriated budget to raged through California, Big Bear hot- tively.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7429
This legislation will help us prevent the only factor we can control is fuel. The underlying bill we are debating
and fight future wildfires by making Our forests are thick with dead wood here today will make it more difficult
investments to support our firefighting fuel, and they are, predictably, going to prevent wildfires by adding new red
response and to protect vulnerable up in flames. tape and locking up millions of acres in
communities from wildfire. This bill, Real solutions include reforming our wilderness. This is the same approach
for instance, would establish a min- broken permitting process so we can and continues to hurt my constituents.
imum basic pay of roughly $20 an hour get our loggers into forests on projects Just a few months ago, the Black fire
for wildland firefighters and ensure to really make a difference. There are burned over 300,000 acres of mostly wil-
they have access to other benefits, no better conservationists and forest derness area in my district. In north-
such as at least 1 week of mental managers. They know better than any- ern New Mexico, the devastating Her-
health leave. one how to preserve our forests for fu- mits Peak-Calf Canyon fire burned
Additionally, this legislation will au- ture generations. through the unmanaged Pecos Wilder-
thorize a 10-year national wildfire re- Like everything done by this major- ness and became the largest fire in our
sponse plan, building on actions al- ity, it throws money at a problem and State history. These fires have de-
ready taken by the Biden administra- offers no real solutions to ensure this stroyed hundreds of homes and will
tion, and it will expand the role of doesn’t happen again. And, no, not one cost New Mexicans millions of dollars
Tribes and conservation corps pro- single wildland firefighter receives a to clean up the damage and rebuild. All
grams in reducing wildfire risks. raise under this bill. $20 an hour is al- of this was preventable.
This bill, Madam Chair, also includes ready the minimum wage, and when Instead of making it more difficult to
prevent catastrophic wildfires, as the
$500 million in Federal funding to pro- you authorize no money with it, it will,
underlying bill would do, I ask my col-
grams to preserve key Colorado River in fact, lead to wildland firefighting
leagues to support this motion to re-
reservoirs, an absolutely critical objec- jobs being cut.
commit.
tive for us all. Tens of millions of Republicans are offering solutions. Mr. NEGUSE. Madam Chair, I reserve
Americans rely on that water. Ranking Member WESTERMAN has the the balance of my time.
All of these provisions will help us Trillion Trees Act. I have the ESA Mr. WESTERMAN. Madam Chair, I
build on the progress we made with the Flexibility Act and the Healthy For- know the distinguished gentleman, Mr.
fire and drought protection measures, ests for Hunters Act. HOYER, has left the Chamber, but I did
including the bipartisan infrastructure Madam Chair, Republicans will keep want to personally thank him for put-
law, which included close to $17 billion offering solutions until you accept ting the Senate NEPA streamlining
for wildfire and drought prevention and them because we need to fix this prob- bill on the suspension calendar today. I
response. lem. It cannot go on like this any hope we can work on more issues like
As an aside, Madam Chair, I am told longer. that in the future.
some say this is an authorizing bill. It Mr. NEGUSE. Madam Chair, might I Madam Chair, I yield 31⁄2 minutes to
is an authorizing bill. That is regular inquire how much time is remaining the gentleman from California (Mr.
order. It will be our responsibility to for the respective sides. VALADAO).
then appropriate the funds that are The CHAIR. The gentleman from Col- Mr. VALADAO. Madam Chair, my
necessary to carry out the objectives of orado has 31⁄4 minutes remaining. The constituents have faced drought condi-
this bill, and I hope we can do so in a gentleman from Arkansas has 61⁄2 min- tions for years. Communities through-
bipartisan way. utes remaining. out the Central Valley and the entire
I thank House Natural Resources Mr. WESTERMAN. Madam Chair, I American West are running out of
Committee Chairman RAÚL GRIJALVA yield 2 minutes to the gentlewoman water for daily use in homes, busi-
for his leadership and Mr. NEGUSE, the from New Mexico (Ms. HERRELL). nesses, and agriculture production.
ranking member, as well, for the work Ms. HERRELL. Madam Chair, I rise Farmers are being forced to fallow
that they have done. Whether they in support of the motion to recommit their fields and dry out their orchards,
agree or not, there has been joint work and in opposition to the underlying and hundreds of thousands of acres will
on this bill. I thank Chairs DAVID bill. be unable to be planted again this year.
SCOTT, FRANK PALLONE, EDDIE BERNICE The legislation before us today is Instead of coming to the table to
JOHNSON, and CAROLYN MALONEY for rightly labeled a wildfire response bill. work on real solutions that would give
their committees’ contributions. But, Madam Chair, I believe instead of families and farmers in my community
We can take meaningful action to ad- just focusing on wildfire response, we the water they desperately need to sur-
dress these wildfires and drought by as Congress should be focused on wild- vive, the majority has decided they
voting ‘‘yes’’ on this bill. fire prevention. would rather play politics with the
Madam Chair, although Charlie Mor- The most immediate way to protect most critical resource in the valley.
Americans who are threatened by po- Apparently, passing political mes-
ton perished in the El Dorado fire, his
tential catastrophic wildfire is to pre- saging bills to check a box is more im-
courageous efforts and those of his fel-
vent these fires from happening in the portant to my Democratic colleagues
low firefighters made it possible to ex-
first place, and the only way to do this than trying to save the livelihood of
tinguish, ultimately, the flames. They
thousands of valley farmers trying to
were able to protect Morton’s moun- is to actively manage our forests.
Therefore, I urge my colleagues to put food on the tables of Americans
tains, including a pristine meadow now across the country.
named in his memory. support my bill, the Wildfire Preven-
This bill is completely silent on the
They did their part to defend our for- tion and Drought Mitigation Act, desperate need for enhanced water
est and our communities. Today, which is a part of this motion to re- storage infrastructure to better pre-
Madam Chair, we must do our part. commit. This legislation would grant pare us during wet years. It does not
Mr. WESTERMAN. Madam Chair, I categorical exclusion authority for for- cut red tape, decrease time delays, or
yield 1 minute to the gentleman from est management projects whose pri- address increased project costs due to
Minnesota (Mr. STAUBER). mary purpose is to protect municipal redundant requirements under NEPA.
Mr. STAUBER. Madam Chair, I rise water resources and to improve water- The bottom line is this bill is bad
today in opposition to H.R. 5118, the so- shed health, water yield, and policy and bad for the Central Valley.
called wildfire response package. snowpack. My colleagues don’t seem to under-
The Greenwood fire in northern Min- In addition, projects that are specifi- stand that the fewer agriculture prod-
nesota was the worst in decades. It rav- cally tailored to adapt a forest land- ucts the Central Valley produces, the
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aged my district, forcing home evacu- scape to an increased threat of drought worse off our own domestic food supply
ations, closing the Boundary Waters, would be granted categorical exclusion will be. Reduced ag means more of a re-
and upending people’s lives. Still, even authority. Granting categorical exclu- liance on other nations for our food,
worse wildfires ravage southern Cali- sion authority to these projects would which is an issue for national security.
fornia and across the West. streamline the NEPA process and pro- We must do better to address the se-
Wildfires are the result of weather, tect communities in my district that vere drought we are suffering through
topography, and fuel. Madam Chair, are adjacent to fire-prone forests. in the American West.
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H7430 CONGRESSIONAL RECORD — HOUSE July 29, 2022
The WIIN Act, which passed with bi- (5) adapt the forest landscape to an in- At the end of division B, insert the fol-
partisan support under President creased threat of drought; or lowing:
Obama in 2016, provided real relief to (6) any combination of the purposes speci-
TITLE IX—RENEW WIIN ACT
fied in paragraphs (1) through (5).
valley farmers by increasing oper- SEC. 901. SHORT TITLE.
(c) AVAILABILITY OF CATEGORICAL EXCLU-
ational flexibility of the Central Valley SION.—On and after the date of the enact- This title may be cited as the ‘‘Respon-
Project and the California State Water ment of this Act, the Secretary concerned sible, No-Cost Extension of Western Water
Project. It also authorized millions of may use the categorical exclusion estab- Infrastructure Improvements Act’’ or the
dollars for important water infrastruc- lished under subsection (a) in accordance ‘‘RENEW WIIN Act’’.
ture projects to improve the Friant- with this section. SEC. 902. EXTENSION OF AUTHORITY.
Kern Canal, the Delta-Mendota Canal, (d) ACREAGE LIMITATIONS.— Subtitle J of the Water Infrastructure Im-
and the California Aqueduct. (1) IN GENERAL.—Except in the case of a provements for the Nation Act (Public Law
The WIIN Act was critical to ensur- forest management activity described in 114–322) is amended—
ing that valley families in rural com- paragraph (2), a forest management activity (1) in section 4007 (43 U.S.C. 390(b) note), in
munities across the United States have covered by the categorical exclusion estab- subsection (i), by striking ‘‘January 1, 2021’’
lished under subsection (a) may not contain and inserting ‘‘January 1, 2031’’; and
clean, reliable water. We made great (2) in section 4013 (43 U.S.C. 390(b) note)—
treatment units exceeding a total of 10,000
progress because of this legislation. acres. (A) in the first sentence, by striking ‘‘the
Unfortunately, authorities under the (2) LARGER AREAS AUTHORIZED.—A forest date that is 5 years after the date of its en-
WIIN Act expired in 2021. management activity covered by the cat- actment’’ and inserting ‘‘December 31, 2031’’;
This is why I introduced the RENEW egorical exclusion established under sub- and
WIIN Act, to extend storage and oper- section (a) may contain treatment units ex- (B) in paragraph (1), by striking ‘‘10 years
ation provisions of the WIIN Act and ceeding a total of 10,000 acres but not more after the date of its enactment’’ and insert-
authorize funds for critical water stor- than a total of 30,000 acres if the forest man- ing ‘‘on December 31, 2036’’.
age projects. agement activity is located in an area that, Mr. WESTERMAN. Madam Chair,
Over three quarters of the Democrats at the time of such activity— may I inquire as to the time remaining
in this House supported these positions (A) is in a severe, extreme, or exceptional
drought; or
on both sides.
in 2016. But this week, they refused to (B) has been in a severe, extreme, or excep- The CHAIR. The gentleman from Ar-
include my bill in this so-called tional drought in the previous 5 years. kansas has 1 minute remaining. The
drought relief package. They are block- (e) EXCLUSIONS.—The authorities provided gentleman from Colorado has 31⁄4 min-
ing an actual solution to the crisis in by this section do not apply with respect to utes remaining.
the name of environmental justice. any National Forest System lands or public Mr. WESTERMAN. Madam Chair, I
Madam Chair, where is the justice in lands— reserve the balance of my time.
letting thousands of valley farmers (1) that are included in the National Wil- Mr. NEGUSE. Madam Chair, I yield
lose their livelihoods because they can- derness Preservation System;
myself such time as I may consume.
not get something as basic as water? (2) that are located within a national or
State specific inventoried roadless area es-
Madam Chair, I heard with great in-
If this drought bill was truly about terest my colleague from California’s
solving the water crisis in the West, tablished by the Secretary of Agriculture
through regulation, unless— remarks. I have to say I did take um-
the House majority would include the (A) the forest management activity to be brage with his characterization of the
RENEW WIIN Act in this package in- carried out under such authority is con- bills within this omnibus package, as I
stead of actively blocking its consider- sistent with the forest plan applicable to the think he put it, as ‘‘political messaging
ation. area; or bills.’’
Madam Chair, I am once again urging (B) the Secretary concerned determines I don’t think that Mr. LAMALFA, a
the House majority to consider this the activity is allowed under the applicable
roadless rule governing such lands; or
Republican from California, would
legislation that will bring water to the
(3) on which timber harvesting for any pur- characterize his bill, the Tribal
people in my community doing every-
pose is prohibited by Federal statute. Biochar Promotion Act, as a political
thing possible to survive this terrible
(f) DEFINITIONS.—In this section— messaging bill. His bill is in this bill.
drought.
Madam Chair, I urge the Democrat (1) FOREST MANAGEMENT ACTIVITY.—The I don’t think that Mr. MOORE, a Re-
term ‘‘forest management activity’’ means a publican of Utah, would characterize
majority to stop playing politics with project or activity carried out by the Sec-
the resource that the entire country is his bill, the Saline Lake Ecosystems in
retary concerned on National Forest System the Great Basin States Program Act,
so reliant on. lands or public lands consistent with the for-
Madam Chair, I include in the as a political messaging bill. His bill is
est plan covering such lands.
RECORD the text of the amendment. (2) FOREST PLAN.—The term ‘‘forest plan’’ in this bill.
At the end of division A, insert the fol- means— I don’t think that Ms. LOFGREN
lowing: (A) a land use plan prepared by the Bureau would characterize her bill, the
SEC. 303. CATEGORICAL EXCLUSION FOR WILD- of Land Management for public lands pursu- Wildland Firefighter Fair Pay Act, as a
FIRE PREVENTION AND DROUGHT ant to section 202 of the Federal Land Policy political messaging bill. That bill is be-
MITIGATION. and Management Act of 1976 (43 U.S.C. 1712); fore the House today.
(a) CATEGORICAL EXCLUSION ESTABLISHED.— or That is probably the best place for
Forest management activities described in (B) a land and resource management plan
me to begin to close.
subsection (b) are a category of actions here- prepared by the Forest Service for a unit of
by designated as being categorically ex- the National Forest System pursuant to sec- We have heard a lot from the other
cluded from the preparation of an environ- tion 6 of the Forest and Rangeland Renew- side about various mischaracteriza-
mental assessment or an environmental im- able Resources Planning Act of 1974 (16 tion’s of firefighter pay and wildland
pact statement under section 102 of the Na- U.S.C. 1604). firefighter pay and what this bill does
tional Environmental Policy Act of 1969 (42 (3) NATIONAL FOREST SYSTEM.—The term and does not do. For the benefit of
U.S.C. 4332). ‘‘National Forest System’’ has the meaning every American watching, I would en-
(b) FOREST MANAGEMENT ACTIVITIES DES- given that term in section 11(a) of the Forest courage you to read the bill.
IGNATED FOR CATEGORICAL EXCLUSION.—The and Rangeland Renewable Resources Plan-
This body approved a pay increase for
forest management activities designated ning Act of 1974 (16 U.S.C. 1609(a)).
under this section for a categorical exclusion (4) PUBLIC LANDS.—The term ‘‘public wildland firefighters a year ago. All
are forest management activities carried out lands’’ has the meaning given that term in but 13 of my colleagues on the other
by the Secretary concerned on National For- section 103 of the Federal Land Policy and side of the aisle voted against it. You
est System lands or public lands where the Management Act of 1976 (43 U.S.C. 1702), ex- can check the RECORD. That pay in-
primary purpose of such activity is to— cept that the term includes Coos Bay Wagon crease expires a year from now. This
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(1) protect a municipal or Tribal water Road Grant lands and Oregon and California bill seeks to make that pay increase
source from damage caused by wildfire; Railroad Grant lands. permanent.
(2) improve ecosystem health, resilience, (5) SECRETARY CONCERNED.—The term ‘‘Sec-
One could only hope that my col-
and other watershed and habitat conditions; retary concerned’’ means—
(3) improve, maintain, or restore water (A) the Secretary of Agriculture, with re- leagues who have made much about ap-
yield or quality; spect to National Forest System lands; and propriating language will join me. I
(4) improve, maintain, or restore (B) the Secretary of the Interior, with re- look forward to asking the ranking
snowpack; spect to public lands. member after this vote to join me on
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7431
the bill to appropriate the firefighter in New Mexico, and in Arizona. The bill sure the laws put in place to protect them are
pay increase that this bill will author- authorizes significant investments to being enforced.
ize. ensure that the drought we are experi- Ensuring ‘‘Environmental Justice’’ for all
Madam Chair, I reserve the balance encing at record levels in the West can Americans needs to be more than just a
of my time. be addressed. catchphrase, it should be our collective mis-
Mr. WESTERMAN. Madam Chair, I Madam Chair, I urge my colleagues sion. I urge all of my colleagues to support
yield myself such time as I may con- to support this bill, and I yield back this bill.
sume. the balance of my time. The Acting CHAIR. All time for gen-
A poet named Joyce Kilmer wrote his Mr. THOMPSON of California. Madam eral debate has expired.
most famous poem called ‘‘Trees,’’ and Chair, I rise in strong support of H.R. 5118, Pursuant to the rule, the bill shall be
it begins with, ‘‘I think that I shall the Wildfire Response and Drought Resiliency considered for amendment under the 5-
never see a poem as lovely as a tree.’’ Act. minute rule.
Trees and forests are poetic. They Our communities have been hit hard by In lieu of the amendment in the na-
tug at our heartstrings. They evoke wildfires year after year. During the 2017 wild- ture of a substitute recommended by
emotion. And I sincerely appreciate the fire season, 44 people were killed and nearly the Committee on Natural Resources,
emotion that my colleagues across the 5,000 people lost their homes. Five years printed in the bill, an amendment in
aisle have. I really believe we want to later, our communities are still rebuilding. the nature of a substitute consisting of
get to the same place of having healthy We made significant investments in the In- the text of Rules Committee Print 117–
trees and healthy forests. frastructure Investment and Jobs Act to fight 57, modified by the amendment printed
It was that that motivated me to go and prepare for wildfires. in part B of House Report 117–432, shall
to forestry school and study forestry. The Wildfire Response and Drought Resil- be considered as adopted.
Little did I know that I would have the iency Act is another step towards providing The bill, as amended, shall be consid-
honor and the huge responsibility of our communities with the resources we need ered as the original bill for the purpose
standing on the floor of this august to combat wildfires and reduce drought. of further amendment under the 5-
body and speaking for the trees. I am particularly pleased to see my lan- minute rule and shall be considered as
We want to do the right thing. We guage requesting information from the Depart- read.
know how to do the right thing. We ment of Agriculture on crop losses due to nat- The text of the bill, as amended, is as
know how to take care of these trees ural disasters included in this bill. follows:
and take care of these forests. Given the prolonged drought conditions and H.R. 5118
Unfortunately, what is in this bill the constant threat of wildfire and smoke ex- Be it enacted by the Senate and House of Rep-
doesn’t do that. What is in this bill posure, we already know that many of our resentatives of the United States of America in
doesn’t help the water situation. We growers will need disaster assistance for 2022 Congress assembled.
should not pass this bill. losses. SECTION 1. SHORT TITLE.
Let’s work together, come up with The information we request from USDA will This Act may be cited as the ‘‘Wildfire Re-
real solutions, pass them out of this help inform my work to reauthorize the Emer- sponse and Drought Resiliency Act’’.
gency Relief Program for 2022 losses. SEC. 2. TABLE OF CONTENTS.
House, and get them signed into law to
This bill includes a crucial cost share adjust- The table of contents for this Act is as follows:
help our forests, our firefighters, and
our drought conditions. ment and establishes a minimum basic pay Sec. 1. Short title.
and hiring authorities for federal wildland fire- Sec. 2. Table of contents.
Madam Chair, I yield back the bal-
fighters—providing necessary resources to DIVISION A—WILDFIRE
ance of my time.
those who put their lives on the line to save TITLE I—FEDERAL LANDS WORKFORCE
b 1300 our lives and homes. Subtitle A—Federal Wildland Firefighters
Mr. NEGUSE. Madam Chair, how This bill provides authorization for the pre- Sec. 101. Tim Hart Wildland Firefighter Pay
much time do I have remaining. deployment of resources during red flag warn- Parity.
The Acting CHAIR (Mrs. WATSON ings similar to how we prepare resources in Sec. 102. Waiver of premium pay limitations for
COLEMAN). The gentleman from Colo- advance of oncoming hurricanes. certain employees engaged in
rado has 11⁄4 minutes remaining. emergency wildland fire suppres-
This bill also includes provisions from the
sion activities.
Mr. NEGUSE. Madam Chair, I yield FEED Act, legislation I was proud to introduce, Sec. 103. Direct hire authority.
myself the balance of my time. allowing local restaurants to partner with the Subtitle B—Authorization of Appropriations for
Madam Chair, I have great respect government to distribute healthy food to wild- Forest Service Fire and Non-Fire Salaries and
for the ranking member. We work to- fire victims during their time of need. Expenses
gether and have had rigorous and ro- As we continue to address the climate cri- Sec. 111. In general.
bust debates about forest management. sis, I will continue to do everything I can to en- Subtitle C—Other Personnel
We have partnered on some bills, and sure our communities have the resources they
Sec. 121. National Environmental Policy Act
we have opposed each other’s respec- need to prevent and recover from the fires that strike teams.
tive positions on others. But the signs continue to threaten our homes and liveli- Sec. 122. Community mitigation assistance
that the other side have been using hoods every year. teams.
during this debate about firefighter I urge a yes vote on this bill. Sec. 123. Filling Forest Service recreation man-
pay and the like are simply not true. Ms. DEGETTE. Madam Chair, studies show agement staff vacancies.
I understand if my colleagues on the that when our environmental laws are broken Sec. 124. Filling vacancies and increasing num-
other side believe that the firefighter our poorest communities disproportionately ber of positions available in the
Forest Service to address public
pay increase that is authorized by this pay the price. Communities such as Globeville safety and protection concerns.
bill and that makes the pay increases and Elyria-Swansea—two predominantly His-
TITLE II—WILDFIRE, ECOSYSTEM PROTEC-
that were authorized last year perma- panic neighborhoods in my district—are being TION, COMMUNITY PREPAREDNESS, AND
nent, I understand if they believe that inundated by the pollution coming from the RECOVERY
it is too expensive. They are welcome highways, railyard and industrial plants around Subtitle A—10–Year National Wildfire Plan
to make that argument. I disagree. them. Sec. 201. Definitions.
But I hope that every Member of this The problem is: While EPA monitors each of Sec. 202. Implementation of 10-year National
Chamber can, again, adhere to sub- these sources individually, they don’t consider Wildfire Plan.
stantive debate on the text of the bill the cumulative health impact that all of these Sec. 203. Selection and implementation of land-
that is before the House, and the text sources combined can have on nearby resi- scape-scale forest restoration
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of this bill authorizes an increase for dents. projects.
wildland firefighters who are bravely The legislation I included in this bill will Sec. 204. Youth and conservation corps assist-
ance with projects under the
sacrificing so much for our country. It change that. It will require EPA, for the first
Plan.
authorizes additional dollars for the time, to address the cumulative effect of mul- Sec. 205. Prescribed fire training exchanges.
Forest Service to do incredibly impor- tiple sources of nearby pollution. It will also re- Sec. 206. Ecosystem restoration grant fund
tant forest management work to pre- quire EPA to identify 100 of the most heavily through National Fish and Wild-
vent the next fire in Colorado, in Utah, polluted communities in the country and en- life Foundation.
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H7432 CONGRESSIONAL RECORD — HOUSE July 29, 2022
Sec. 207. National community capacity and TITLE III—OPEN ACCESS DIVISION C—OTHER FIRE, DROUGHT, AND
land stewardship grant program. EVAPOTRANSPIRATION DATA EXTREME WEATHER PROGRAMS
Sec. 208. Protection of inventoried roadless Sec. 301. Short title. TITLE I—INFRASTRUCTURE, ENERGY, AND
areas. Sec. 302. Definitions. ASSISTANCE
Sec. 209. Strategic wildland fire management Sec. 303. Findings. Sec. 101. Natural Disaster Grid Mitigation Map.
planning for prescribed fire. Sec. 304. Open Access Evapotranspiration Sec. 102. Interregional minimum transfer capa-
Sec. 210. Long-Term Burned Area Recovery ac- (OpenET) Data Program. bility requirements.
count. Sec. 305. Report. Sec. 103. Critical document fee waiver.
Sec. 211. Report on 10-year National Wildfire Sec. 306. Authorization of appropriations. Sec. 104. Hermit’s Peak/Calf Canyon Fire As-
Plan implementation. TITLE IV—COLORADO RIVER INDIAN sistance.
Sec. 212. Performance metrics tracking. TRIBES WATER RESILIENCY Sec. 105. Fire management assistance cost
Subtitle B—Tribal Biochar Promotion Sec. 401. Short title. share.
Sec. 221. Tribal and Alaska Native Biochar Sec. 402. Findings. Sec. 106. Transitional sheltering assistance.
demonstration project. Sec. 403. Definitions. Sec. 107. Grid resilience study.
Sec. 404. Lease or exchange agreements. Sec. 108. Nonnative plant species removal grant
TITLE III—OTHER MATTERS
Sec. 405. Storage agreements. program.
Sec. 301. Requirements relating to certain fire Sec. 406. Agreements for creation of water for Sec. 109. Centers of excellence for research on
suppression cost share agree- the Colorado River System or for wildfire smoke.
ments. Storing Water in Lake Mead. Sec. 110. Community smoke planning.
Sec. 302. Investment of certain funds into inter- Sec. 407. Secretarial approval; disapproval; Sec. 111. Disaster equity and fairness.
est bearing obligations. agreements. Sec. 112. FEMA improvement, reform, and effi-
DIVISION B—DROUGHT Sec. 408. Responsibilities of the Secretary. ciency.
TITLE I—DROUGHT RESPONSE AND Sec. 409. Agreement between the CRIT and the Sec. 113. Fire investigations.
CLIMATE RESILIENCE State. Sec. 114. Critical infrastructure and microgrid
Sec. 410. Agreement between the CRIT, the program.
Sec. 101. Advancing large-scale water recycling State, and the Secretary. TITLE II—NATIONAL DISASTER SAFETY
and reuse projects. Sec. 411. No effect on the CRIT decreed alloca-
Sec. 102. Salton Sea projects improvements. BOARD ACT
tion.
Sec. 103. Near-term actions to preserve Colorado Sec. 201. Establishment and purpose.
Sec. 412. Allottee use of water.
River system. Sec. 413. Consideration paid to the CRIT. Sec. 202. General authority.
Sec. 104. WaterSMART access for Tribes. Sec. 414. Liability of the United States. Sec. 203. Recommendations and responses.
Sec. 105. Reclamation water settlements fund. Sec. 415. Application. Sec. 204. Reports and studies.
Sec. 106. Bureau of Reclamation Tribal clean Sec. 416. Rule of construction. Sec. 205. Appointment and organization.
water assistance. Sec. 206. Methodology.
TITLE V— HUALAPAI TRIBE WATER Sec. 207. Administrative.
Sec. 107. White Mountain Apache Tribe Rural RIGHTS SETTLEMENT
Water System. Sec. 208. Disclosure, availability, and use of in-
Sec. 501. Short title. formation.
Sec. 108. Desalination research authorization.
Sec. 502. Purposes. Sec. 209. Training.
Sec. 109. Water Resources Research Act amend-
Sec. 503. Definitions. Sec. 210. Funding.
ments. Sec. 504. Ratification and execution of Sec. 211. Authority of the Inspector General.
Sec. 110. Saline Lake ecosystems in the Great
Hualapai Tribe water rights set- Sec. 212. Evaluation and audit of National Dis-
Basin States Assessment and
tlement agreement. aster Safety Board.
Monitoring Program. Sec. 505. Water rights. Sec. 213. Definitions.
Sec. 111. Extension of authorizations related to Sec. 506. Hualapai Water Trust Fund Account;
fish recovery programs. TITLE III—NATIONAL WILDLAND FIRE
construction of Hualapai water RISK REDUCTION PROGRAM
Sec. 112. Reclamation climate change and water project; funding.
program. Sec. 507. Authorizations of appropriations. Sec. 301. Establishment of National Wildland
Sec. 113. Authorization of appropriations for Sec. 508. Environmental compliance. Fire Risk Reduction Program.
the Las Vegas Wash program. Sec. 509. Waivers, releases, and retentions of Sec. 302. Program activities.
Sec. 114. Terminal lakes assistance. claims. Sec. 303. Interagency Coordinating Committee
Sec. 115. Expedited measures for drought re- Sec. 510. Satisfaction of water rights and other on Wildland Fire Risk Reduction.
sponse. benefits. Sec. 304. National Advisory Committee on
Sec. 116. Water efficiency, conservation, and Sec. 511. Land added to Hualapai Reservation. Wildland Fire Risk Reduction.
sustainability. Sec. 512. Trust land. Sec. 305. Government Accountability Office re-
TITLE II—FUTURE WESTERN WATER AND Sec. 513. Reallocation of CAP NIA Priority view.
DROUGHT RESILIENCY Water; Firming; Water Delivery Sec. 306. Responsibilities of Program agencies.
Contract; Colorado River Ac- Sec. 307. Budget activities.
Sec. 201. Short title. Sec. 308. Definitions.
Sec. 202. Definitions. counting.
Sec. 514. Enforceability date. Sec. 309. Authorization of appropriations.
Subtitle A—Assistance for Projects With Fastest Sec. 515. Administration. DIVISION D—ENVIRONMENTAL JUSTICE
Construction Timelines
TITLE VI—WATER DATA Sec. 101. Definitions.
Sec. 211. Water recycling and reuse projects. Sec. 102. Environmental justice community
Sec. 212. Desalination project development. Sec. 601. Definitions.
Sec. 602. National water data framework. technical assistance grants.
Sec. 213. Assistance for disadvantaged commu- Sec. 103. White House Environmental Justice
Sec. 603. Water Data Council.
nities without adequate drinking Interagency Council.
Sec. 604. Advisory Committee on Water Infor-
water. Sec. 104. Federal agency actions to address en-
mation.
Subtitle B—Improved Water Technology and Sec. 605. Water data grant program. vironmental justice.
Data Sec. 606. Authorization of appropriations. Sec. 105. Training of employees of Federal
Sec. 221. X-prize for water technology break- TITLE VII—NOGALES WASTEWATER agencies.
throughs. IMPROVEMENT Sec. 106. Environmental justice basic training
Sec. 222. Water technology investment program program.
Sec. 701. Short title. Sec. 107. Environmental justice clearinghouse.
established. Sec. 702. Amendments to the Act of July 27,
Sec. 223. Federal priority streamgages. Sec. 108. Public meetings.
1953. Sec. 109. National Environmental Justice Advi-
Subtitle C—Drought Response and Preparedness Sec. 703. Nogales sanitation project. sory Council.
for Ecosystems TITLE VIII—RIO GRANDE WATER Sec. 110. Environmental justice grant programs.
Sec. 231. Aquatic ecosystem restoration pro- SECURITY Sec. 111. Environmental justice community solid
gram. Sec. 801. Short title. waste disposal technical assist-
Sec. 232. Watershed health program. ance grants.
Subtitle A—Rio Grande Water Security
Sec. 233. Waterbird habitat creation program. Sec. 112. Environmental justice community,
Sec. 234. Support for refuge water deliveries. Sec. 811. Definitions.
State, and Tribal grant programs.
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Sec. 235. Drought planning and preparedness Sec. 812. Integrated water resources manage-
Sec. 113. Protections for environmental justice
for critically important fisheries. ment plan for the Rio Grande
communities against harmful Fed-
Sec. 236. Reauthorization of the Fisheries Res- Basin.
eral actions.
toration and Irrigation Mitigation Sec. 813. Rio Grande Basin Working Group.
Sec. 114. Prohibited discrimination.
Act of 2000. Sec. 814. Effect of subtitle.
Sec. 115. Right of action.
Sec. 237. Sustaining biodiversity during Subtitle B—Pueblo Irrigation Sec. 116. Rights of recovery.
droughts. Sec. 821. Reauthorization of Pueblo irrigation Sec. 117. Public health risks associated with cu-
Sec. 238. Water resource education. infrastructure grants. mulative environmental stressors.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7433
Sec. 118. Climate justice grant program. (2) REPORT.—Not later than 1 year after the (g) OVERTIME RATES.—Section 5542(a)(5) of
Sec. 119. Environmental justice for communities date the minimum rates of pay under subsection title 5, United States Code, is amended by strik-
overburdened by environmental (a)(1) begin to apply, the Director of the Office ing ‘‘the United States Forest Service in’’.
violations. of Personnel Management shall submit a report SEC. 103. DIRECT HIRE AUTHORITY.
SEC. 3. DETERMINATION OF BUDGETARY EF- to Congress on whether pay for such Federal (a) SHORT TITLE.—This section may be cited
FECTS. structural firefighters is competitive with Fed- as the ‘‘Conservation Jobs Act of 2022’’.
The budgetary effects of this Act, for the pur- eral wildland firefighters (b) DIRECT HIRE AUTHORITY.—Section 147(d)
pose of complying with the Statutory Pay-As- (c) DEFINITIONS.—In this section— of the Workforce Innovation and Opportunity
You-Go Act of 2010, shall be determined by ref- (1) the term ‘‘Federal structural firefighter’’— Act (29 U.S.C. 3197(d)) is amended by adding at
erence to the latest statement titled ‘‘Budgetary (A) has the meaning given the term ‘‘fire- the end the following:
Effects of PAYGO Legislation’’ for this Act, sub- fighter’’ in section 8401 of chapter 84 of title 5, ‘‘(4) DIRECT HIRE AUTHORITY.—
mitted for printing in the Congressional Record United States Code; and ‘‘(A) IN GENERAL.—Subject to subparagraph
by the Chairman of the House Budget Com- (B) does not include any Federal wildland (B), the Secretary of Agriculture may appoint,
mittee, provided that such statement has been firefighter; and without regard to the provisions of subchapter I
submitted prior to the vote on passage. (2) the term ‘‘Federal wildland firefighter’’ of chapter 33 of title 5, United States Code
DIVISION A—WILDFIRE means any individual occupying a position (other than sections 3303 and 3328 of such title),
TITLE I—FEDERAL LANDS WORKFORCE within the Wildland Fire Management Series, covered graduates directly to any position with
0456 established by the Office of Personnel Man- the Forest Service for which the candidate meets
Subtitle A—Federal Wildland Firefighters
agement pursuant to section 40803(d) of the In- Office of Personnel Management qualification
SEC. 101. TIM HART WILDLAND FIREFIGHTER PAY
frastructure Investment and Jobs Act (Public standards.
PARITY.
Law 117–58), or any subsequent series. ‘‘(B) LIMITATIONS.—The Secretary may not
(a) FEDERAL WILDLAND FIREFIGHTER PAY.—
(1) IN GENERAL.—Not later than 1 year after SEC. 102. WAIVER OF PREMIUM PAY LIMITATIONS appoint under subparagraph (A)—
FOR CERTAIN EMPLOYEES ENGAGED ‘‘(i) during fiscal year 2023, more than 10 cov-
the date of enactment of this Act— IN EMERGENCY WILDLAND FIRE
(A) the minimum rate of basic pay for any ered job corps graduates;
SUPPRESSION ACTIVITIES. ‘‘(ii) during fiscal year 2024, more than 20 cov-
Federal wildland firefighter position shall be
(a) SHORT TITLE.—This section may be cited ered job corps graduates;
not less than the rate of pay for step 3 of GS–
as the ‘‘Wildland Firefighter Fair Pay Act’’. ‘‘(iii) during fiscal year 2025, more than 30
6 of the General Schedule; and
(b) DEFINITIONS.—In this section: covered job corps graduates; and
(B) any such position shall receive locality
(1) COVERED EMPLOYEE.—The term ‘‘covered ‘‘(iv) during fiscal year 2026 and each fiscal
pay under section 5304 of title 5, United States
employee’’ means an employee of the Depart- year thereafter, more than 50 covered job corps
Code, at the rate of ‘‘Rest of U.S.’’.
(2) ANNUAL ADJUSTMENTS.—Notwithstanding ment of Agriculture, the Department of the Inte- graduates.
any other provision of law, beginning in the rior, or the Department of Commerce. ‘‘(C) COVERED JOB CORPS GRADUATE DE-
first pay period beginning on or after the date (2) COVERED SERVICES.—The term ‘‘covered FINED.—In this paragraph, the term ‘covered
that the minimum rates of pay under paragraph services’’ means services performed by a covered graduate’ means a graduate of a Civilian Con-
(1) begin to apply, and annually thereafter, the employee that are determined by the Secretary servation Center who successfully completed a
basic rate of pay for each Federal wildland fire- concerned to be primarily relating to emergency training program, including in administration,
fighter shall be increased by not less than the wildland fire suppression activities. human resources, business, or quality assur-
percentage equal to the percent change in the (3) PREMIUM PAY.—The term ‘‘premium pay’’ ance, that was focused on forestry, wildland
Consumer Price Index (all items—United States means the premium pay paid under the provi- firefighting, or another topic relating to the mis-
city average), published monthly by the Bureau sions of law described in section 5547(a) of title sion of the Forest Service.’’.
of Labor Statistics, for December of the pre- 5, United States Code. Subtitle B—Authorization of Appropriations
(4) SECRETARY CONCERNED.—The term ‘‘Sec- for Forest Service Fire and Non-Fire Sala-
ceding year over such Consumer Price Index for
retary concerned’’ means— ries and Expenses
the December of the year prior to the preceding
(A) the Secretary of Agriculture, with respect
year, adjusted to the nearest one-tenth of 1 per- SEC. 111. IN GENERAL.
to an employee of the Department of Agri-
cent. There is authorized to be appropriated—
(3) COMPENSATION COMPARABLE TO NON-FED- culture;
(B) the Secretary of the Interior, with respect (1) for salaries and expenses of fire-related
ERAL FIREFIGHTERS.—Not later than 1 year after employees of the Forest Service to carry out
the date the minimum rates of pay under para- to an employee of the Department of the Inte-
rior; and wildfire preparedness under the wildland fire
graph (1) begin to apply, the Secretary of Agri- management program authorized pursuant to
culture and the Secretary of the Interior shall (C) the Secretary of Commerce, with respect to
an employee of the Department of Commerce. the Organic Administration Act of 1897 (16
submit a report to Congress on whether pay, U.S.C. 551), $1,615,600,000 for fiscal year 2023
(c) WAIVER OF PREMIUM PAY PERIOD LIMITA-
benefits, and bonuses provided to Federal and each fiscal year thereafter; and
TION.—Any premium pay for covered services
wildland firefighters are comparable to the pay, (2) for salaries and expenses of National For-
shall be disregarded in calculating the aggregate
benefits, and bonuses provided for non-Federal est System employees not described in paragraph
of the basic pay and premium pay for the appli-
firefighters in the State or locality where Fed- (1) to carry out activities for the stewardship
cable covered employee for purposes of a pay pe-
eral wildland firefighters are based. and management of the National Forest System,
(4) HAZARDOUS DUTY PAY.—Each Federal riod limitation under section 5547(a) of title 5,
United States Code, or under any other provi- $2,353,400,000 for fiscal year 2023 and each fiscal
wildland firefighter who is carrying out work year thereafter.
completed during prescribed fire, parachuting, sion of law.
(d) WAIVER OF ANNUAL PREMIUM PAY LIMITA- Subtitle C—Other Personnel
tree climbing over 20 feet, hazard tree removal,
TION.—Any premium pay for covered services SEC. 121. NATIONAL ENVIRONMENTAL POLICY
and other hazardous work as identified by the
Secretary of Interior and the Secretary of Agri- shall be disregarded in calculating any annual ACT STRIKE TEAMS.
culture, shall be considered an employee in an limitation on the amount of overtime pay pay- (a) ESTABLISHMENT.—Not later than 180 days
occupational series covering positions for which able in a calendar year or fiscal year under sec- after the date of the enactment of this Act, the
the primary duties involve the prevention, con- tion 5547(b) of title 5, United States Code. Secretary of Agriculture shall, for each region of
trol, suppression, or management of wildland (e) PAY LIMITATION.—A covered employee may the Forest Service, establish and maintain at
fires under section 5545(d) of title 5, United not be paid premium pay if, or to the extent least one NEPA strike team per region.
States Code. The Director of the Office of Per- that, the aggregate amount of the basic pay and (b) PRIORITY ASSIGNMENTS.—The Secretary of
sonnel Management may prescribe regulations premium pay (including premium pay for cov- Agriculture shall give priority assignments to
to carry out this paragraph. ered services) of the covered employee for a cal- NEPA strike teams established under subsection
(5) MENTAL HEALTH LEAVE.—Each Federal endar year would exceed the rate of basic pay (a) that serve—
wildland firefighter shall be entitled to 7 con- payable for a position at level II of the Execu- (1) areas of the National Forest System with a
secutive days of leave, without loss or reduction tive Schedule under section 5313 of title 5, high or very high risk of wildfire; and
in pay, during any calendar year. Leave pro- United States Code, as in effect at the end of (2) at-risk communities with a significant
vided under this paragraph shall not— that calendar year. number or percentage of homes exposed to wild-
(A) accumulate for use in succeeding years; (f) TREATMENT OF ADDITIONAL PREMIUM fire.
and PAY.—If the application of this section results (c) COMPOSITION OF STRIKE TEAMS.—Strike
(B) be considered to be annual or vacation in the payment of additional premium pay to a teams established under subsection (a) shall, to
leave for purposes of section 5551 or 5552 of title covered employee of a type that is normally the maximum extent practicable, consist of
5, United States Code, or for any other purpose. creditable as basic pay for retirement or any interdisciplinary members who have dem-
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(b) PAY PARITY FOR FEDERAL STRUCTURAL other purpose, that additional premium pay onstrated success in the efficient and effective
FIREFIGHTERS.— shall not be— completion of all stages of compliance with the
(1) IN GENERAL.—Not later than 1 year after (1) considered to be basic pay of the covered National Environmental Policy Act (42 U.S.C.
the date of enactment of this Act, any pay, ben- employee for any purpose; or 4321 et seq.).
efits, and bonuses provided to any Federal (2) used in computing a lump-sum payment to SEC. 122. COMMUNITY MITIGATION ASSISTANCE
structural firefighter shall be comparable with the covered employee for accumulated and ac- TEAMS.
the pay, benefits, and bonuses provided for Fed- crued annual leave under section 5551 or 5552 of (a) IN GENERAL.—Not later than 180 days
eral wildland firefighters. title 5, United States Code. after the date of the enactment of this Act, the
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H7434 CONGRESSIONAL RECORD — HOUSE July 29, 2022
Secretary of Agriculture shall, for each region of (1) includes— Plan, $20,000,000, for each of fiscal years 2023
the Forest Service, establish and maintain at (A) hazardous fuels and prescribed fire activi- through 2032, of which—
least one community mitigation assistance team. ties to address wildfire risk; (i) $10,000,000 shall be made available to the
(b) PRIORITY ASSIGNMENTS.—The Secretary of (B) vegetation, watershed, wildlife and fish- Secretary of Agriculture; and
Agriculture shall give priority assignments to eries habitat management to maintain habitat (ii) $10,000,000 shall be made available to the
community mitigation assistance teams estab- and improve ecological conditions, including— Secretary of the Interior.
lished under subsection (a) that serve at-risk (i) protecting mature and old-growth trees and (2) HAZARDOUS FUELS.—
communities with a significant number or per- forests; (A) PERMISSIVE USE.—Of the amounts made
centage of homes exposed to a high or very high (ii) maintaining habitat in a way that ad- available pursuant to paragraph (1)(A) for a fis-
risk of wildfire. vances at-risk species recovery and conserva- cal year, up to 10 percent may be used to cover
(c) ASSESSMENTS.—With respect to a commu- tion; and a portion of wildland firefighter salaries, so long
nity mitigation assistance team established (iii) completing consultations required under as the positions to which such salaries apply are
under subsection (a), the Secretary of Agri- the Endangered Species Act of 1973 (16 U.S.C. full-time and cover projects and activities to re-
culture may— 1531 et seq.); duce wildfire risk.
(1) at the request of a State or political sub- (C) management of recreation, heritage, and (B) LIMITATION.—The amounts made avail-
division, assign such a team to provide pre-fire wilderness programs; able pursuant to paragraph (1)(A) may not be
assessments; and (D) activities under the Joint Fire Science used to cover any portion of wildland firefighter
(2) assign such a team to an area or commu- Program to address wildfire risk; salaries if the activities to reduce wildfire risk
nity to provide post-fire assessments. (E) the activities required under this subtitle; are considered wildfire suppression activities.
SEC. 123. FILLING FOREST SERVICE RECREATION (F) the activities included in— SEC. 203. SELECTION AND IMPLEMENTATION OF
MANAGEMENT STAFF VACANCIES. (i) the National Cohesive Wildland Fire Man- LANDSCAPE-SCALE FOREST RES-
(a) IN GENERAL.—The Secretary of Agri- agement Strategy (and successor documents); TORATION PROJECTS.
culture, acting through the Chief of the Forest (ii) the Wildfire Crisis Strategy entitled ‘‘Con- (a) IN GENERAL.—In carrying out the Plan,
Service, shall fill vacancies in Forest Service fronting the Wildfire Crisis: A Strategy for Pro- the Secretary of Agriculture shall select, in ac-
recreation management and planning staff, in- tecting Communities and Improving Resilience cordance with this section, landscape-scale for-
cluding recreation technicians, recreation offi- in America’s Forests’’ and dated January 2022 est restoration projects—
cers, and natural resource managers. (and successor documents); (1) to implement on National Forest System
(b) PRIORITY.—The Secretary shall prioritize (iii) the Wildfire Crisis Strategy Implementa- land; and
filling vacancies under subsection (a) in units of tion Plan entitled ‘‘Wildfire Crisis Implementa- (2) if applicable, to implement on land adjoin-
the National Forest System that— tion Plan’’ and dated January 2022 (and suc- ing National Forest System land, in coordina-
(1) are at high or very high risk of wildfires; cessor documents); and tion with other Federal and non-Federal enti-
and (iv) the Wildfire Crisis Landscape Investments ties.
(2) are located in areas of substantial public plan entitled ‘‘Confronting the Wildfire Crisis: (b) INITIAL PHASE.—During the 5-year period
use. Initial Landscape Investments to Protect Com- beginning on the date of enactment of this Act,
(c) TRAINING AND CERTIFICATION AS A FOREST munities and Improve Resilience in America’s subject to the availability of appropriations, the
PROTECTION OFFICER.—The Secretary may pro- Forests’’ dated April 2022 (and successor docu- Secretary of Agriculture shall select not more
vide the opportunity for any individual who ments); and than 20 landscape-scale forest restoration
fills a vacancy pursuant to subsection (a) to re- (G) such other wildfire-related activities as de- projects under subsection (a).
ceive training and certification as a Forest Pro- termined appropriate by the Secretary of Agri- (c) ELIGIBILITY REQUIREMENTS.—
tection Officer. culture or the Secretary of the Interior, in ac- (1) IN GENERAL.—Subject to paragraph (2), to
SEC. 124. FILLING VACANCIES AND INCREASING cordance with existing law and regulations; and be eligible for selection and implementation
NUMBER OF POSITIONS AVAILABLE (2) in accordance with section 203, prioritizes under subsection (a), a landscape-scale forest
IN THE FOREST SERVICE TO AD- carrying out landscape-scale restoration restoration project shall satisfy the following re-
DRESS PUBLIC SAFETY AND PROTEC- projects.
TION CONCERNS.
quirements:
(b) COORDINATION.—In carrying out sub- (A) The purposes and needs for the project
(a) IN GENERAL.—The Secretary of Agri- section (a), to the maximum extent practicable, shall be—
culture, acting through the Chief of the Forest the Secretary of Agriculture, in coordination (i) to restore the ecological integrity and eco-
Service, shall— with the Secretary of Interior, shall— logical resilience of terrestrial and aquatic areas
(1) fill vacancies in the Forest Service in roles
(1) utilize cooperative forestry authorities and that have departed from reference conditions
that primarily address public safety and protec-
agreements, including but not limited to the Co- within the forest landscape;
tion;
operative Forestry Assistance Act of 1978 (16 (ii) to restore appropriate natural fire regimes,
(2) assess the number of positions necessary to
U.S.C. 2101 et seq.); including by reducing fuel loads in areas that
promote public safety and protect resources from
(2) solicit proposals from States, counties, and have departed from reference conditions, taking
unauthorized use; and
Tribes to address water quantity and quality into account the current and projected impacts
(3) seek to increase the number of positions
concerns; of climate change; and
available, as described in paragraph (2), as ap-
(3) solicit proposals from States, counties, and (iii) to conduct wildfire risk reduction activi-
propriate.
Tribes for hazardous fuels treatments; ties within the wildland-urban interface to the
(b) PRIORITY.—The Secretary shall prioritize
(4) consider the long-term State-wide assess- extent that the project includes lands within the
filling vacancies and increasing the number of
ments and forest resource strategies established wildland-urban interface.
positions under subsection (a) in units of the
in section 2A the Cooperative Forestry Assist- (B) The project shall be developed and sup-
National Forest System that—
(1) are at high or very high risk of wildfires; ance Act of 1978 (16 U.S.C. 2101a); and ported by a collaborative group that—
(5) provide priority to collaboratively devel- (i) includes multiple interested persons rep-
and
(2) are located in areas of substantial public oped projects. resenting diverse interests;
use. (c) FUNDING.— (ii) is transparent and inclusive; and
(1) AUTHORIZATION OF APPROPRIATIONS.— (iii) has sufficient expertise, capacity, and sci-
TITLE II—WILDFIRE, ECOSYSTEM PROTEC- (A) HAZARDOUS FUELS AND PRESCRIBED entific support to effectively plan, implement,
TION, COMMUNITY PREPAREDNESS, AND FIRE.—There is authorized to be appropriated to and monitor landscape-level, ecologically based
RECOVERY the Secretary of Agriculture to carry out haz- forest restoration activities.
Subtitle A—10–Year National Wildfire Plan ardous fuels and prescribed fire activities under (C) The project shall be based on a landscape
SEC. 201. DEFINITIONS. subsection (a)(1)(A), $500,000,000 for each of fis- assessment that shall—
In this subtitle: cal years 2023 through 2032. (i) cover a landscape of—
(1) PLAN.—The term ‘‘Plan’’ means the plan (B) VEGETATION, WATERSHED, WILDLIFE, AND (I) except as provided in subclauses (II) and
required under section 202(a). FISHERIES MANAGEMENT.—There is authorized to (III), not less than 100,000 acres;
(2) SECRETARIES.—The term ‘‘Secretaries’’ be appropriated to the Secretary of Agriculture (II) in such limited cases as the Secretary of
means the Secretary of Agriculture and the Sec- to carry out vegetation, watershed, wildlife and Agriculture determines to be appropriate, not
retary of the Interior. fisheries management activities under subsection less than 80,000 acres if—
(3) SECRETARY CONCERNED.—The term ‘‘Sec- (a)(1)(B), $500,000,000 for each of fiscal years (aa) the assessment is completed or substan-
retary concerned’’ means— 2023 through 2032. tially completed as of the date of enactment of
(A) the Secretary of Agriculture, with respect (C) RECREATION, HERITAGE, WILDERNESS.— this Act; and
to National Forest System lands; and There is authorized to be appropriated to the (bb) in the determination of the Secretary of
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(B) the Secretary of the Interior, with respect Secretary of Agriculture to carry out recreation, Agriculture, assessing a larger area is not nec-
to public lands. heritage, and wilderness programs under sub- essary to restore the integrity, resilience, and
SEC. 202.IMPLEMENTATION OF 10-YEAR NA- section (a)(1)(C), $500,000,000 for each of fiscal fire regimes of the landscape; or
TIONAL WILDFIRE PLAN. years 2023 through 2032. (III) not less than 50,000 acres in the case of
(a) IN GENERAL.—The Secretary of Agriculture (D) JOINT FIRE SCIENCE PROGRAM.—There is a project that is carried out east of the 100th me-
shall, in coordination with the Secretary of the authorized to be appropriated to carry out wild- ridian;
Interior, implement a 10-year National Wildfire fire risk reduction and research activities of the (ii) evaluate ecological integrity and deter-
Plan that— Joint Fire Science Program pursuant to the mine reference conditions for the landscape;
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7435
(iii) identify terrestrial and aquatic areas that is consistent with the National Environ- (ii) the proportion of the non-Federal cost
within the landscape that have departed from mental Policy Act of 1969 (42 U.S.C. 4321 et share that is in the form of cash contributions;
reference conditions; seq.), which may include— (D) whether the area covered by the project
(iv) identify criteria to determine appropriate (i) the preparation of a single environmental has high-resolution, remote-sensing data and
restoration treatments within degraded areas of impact statement or environmental assessment, other information available that enables a land-
the landscape to achieve reference conditions, as applicable, for the entire project, incor- scape assessment and a robust analysis and dis-
including management prescriptions and nec- porating the landscape assessment described in closure of the effects and outcomes of imple-
essary mitigation measures to protect at-risk subparagraph (C); menting restoration activities;
species; (ii) the use of, as applicable— (E) whether the project is using, or will use,
(v) be based on the best available scientific in- (I) multiple records of decision to implement a innovative approaches to completing resource
formation and data, including, where applica- single environmental impact statement; or surveys that are less costly and less time-con-
ble, high-resolution imagery, LiDAR, and simi- (II) multiple decision notices to implement a suming than usual practices while providing the
lar technologies and information, and involve single environmental assessment; information necessary for project design and
direct engagement by scientists; and (iii) the preparation of a programmatic envi- analysis;
(vi) identify priority restoration strategies for ronmental impact statement or environmental (F) whether the project will reduce the num-
terrestrial and aquatic areas, including pre- assessment, as applicable, for the entire project, ber of miles of permanent roads on National
scribed fire and wildfires managed for multiple incorporating the landscape assessment de- Forest System land that are not necessary for
resource benefits, which shall focus on— scribed in subparagraph (C), followed by fo- resource management or recreational access;
(I) areas that are the most departed from ref- cused, concise, and site-specific— (G) whether the project will assess or quantify
erence conditions; and (I) environmental assessments; or the ecosystem service benefits of forest restora-
(II) areas that would benefit the most from re- (II) categorical exclusions consistent with the tion within the landscape covered by the
ducing the risk of uncharacteristic wildfire, es- National Environmental Policy Act of 1969 (42 project, such as water, carbon, biodiversity, fire
pecially with respect to nearby communities, U.S.C. 4321 et seq.); or risk reduction, public health, and community
taking into account other completed, ongoing, (iv) the use of the landscape assessment de-
safety;
planned fuels-reduction projects, and the effects scribed in subparagraph (C), through incorpora- (H) whether the project has the potential to
of recent wildfires. tion by reference and similar approaches, to support new or existing wood processing infra-
(D) Restoration treatments under the project— support focused, concise, and site-specific— structure that can make economic use of the by-
(I) environmental assessments; or
(i) shall emphasize the reintroduction of char- products of forest restoration;
(II) categorical exclusions consistent with the
acteristic fire, based on forest ecology and ref- (I) whether the project has the potential to
National Environmental Policy Act of 1969 (42
erence conditions, through the use of prescribed support local employment and investment oppor-
U.S.C. 4321 et seq.).
fire, wildfire, or both; (2) EXCEPTION.—If the Secretary of Agri- tunities, particularly in economically disadvan-
(ii) that involve any proposed mechanical culture determines that there are an insufficient taged communities;
treatments shall be designed to promote— number of projects that fully comply with the (J) the scale of the landscape assessment for
(I) the restoration of reference conditions in the project, with a preference for projects for
requirements described in paragraph (1) to im-
areas that lack ecological integrity, with a focus which the landscape assessment covers a larger
plement based on all available funding, then the
on the reduction of surface and ladder fuels; area; and
Secretary of Agriculture may, during the 2-year
and (K) whether the project—
period beginning on the date of enactment of
(II) the establishment of conditions that will (i) strives to restore ecological integrity and
this Act, select under subsection (a) not more
facilitate prescribed fire or managed wildfire; ecological conditions within areas across land
than a total of 5 landscape-scale forest restora-
(iii) shall— ownerships, including State and private land;
tion projects to implement that do not fully com-
(I) fully maintain or contribute to the restora- and
ply with those requirements if the projects—
tion of reference old forest conditions, taking (ii) will reduce the risk of uncharacteristic
(A) fully comply with the requirements de-
into account the current and projected impacts wildfire, and, to the extent practicable, restore
scribed in subparagraphs (B), (D), (E), (F), (G),
of climate change; and ecological integrity, within the wildland-urban
(H), and (I) of that paragraph;
(II) protect or increase the number and dis- (B) in the determination of the Secretary of interface.
tribution of large old trees, consistent with ref- Agriculture, have purposes and needs that are (3) COLLABORATION.—The Secretary of Agri-
erence conditions, excepting any de minimis culture may coordinate with Federal, State,
consistent with the purposes and needs de-
losses of large old trees from prescribed fire or local, and Tribal agencies with respect to selec-
scribed in subparagraph (A) of that paragraph;
hazardous tree removal; and tion and implementation under subsection (a), a
and
(iv) that involve prescribed fire shall provide (C) are supported by landscape assessments landscape-scale forest restoration project.
advance notification, in accordance with notifi- that are substantially (if not completely) con- (e) ADVISORY PANEL.—
cation procedures developed by the Secretary of (1) IN GENERAL.—The Secretary of Agriculture
sistent with the requirements described in sub-
Agriculture, to the owner or operator of critical shall establish and maintain an advisory panel
paragraph (C) of that paragraph, subject to the
infrastructure, such as a power line right-of- composed of not more than 15 members to evalu-
condition that the applicable landscape assess-
way, of any prescribed fire treatments within ate, and provide recommendations on—
ments fully comply with the requirements de-
close proximity to the infrastructure. (A) each landscape-scale forest restoration
scribed in clauses (i) and (v) of that subpara-
(E) The project shall be consistent with all ap- project that the Secretary of Agriculture is re-
graph.
plicable environmental laws, including— (d) EVALUATION OF ELIGIBLE PROJECTS.— viewing for potential selection under subsection
(i) the National Environmental Policy Act of (1) IN GENERAL.—In determining which land- (a); and
1969 (42 U.S.C. 4321 et seq.); scape-scale forest restoration projects to select (B) proposals for planning and developing
(ii) the Endangered Species Act of 1973 (16 under subsection (a), the Secretary of Agri- landscape-scale forest restoration projects.
U.S.C. 1531 et seq.); and culture shall consider— (2) REPRESENTATION.—The Secretary of Agri-
(iii) the Forest and Rangeland Renewable Re- (A) the criteria described in paragraph (2); culture shall ensure that the membership of the
sources Planning Act of 1974 (16 U.S.C. 1600 et (B) the extent to which the project utilizes the advisory panel established under paragraph (1)
seq.). approaches to project implementation described is fairly balanced in terms of the points of view
(F) The project shall be consistent with sec- in paragraph (3); and represented and the functions to be performed
tion 208. (C) the recommendations of the advisory panel by the advisory panel.
(G) The project shall require multiparty moni- established under subsection (e). (3) INCLUSION.—The advisory panel estab-
toring, including opportunities for public en- (2) CRITERIA.—The criteria referred to in lished under paragraph (1) shall include experts
gagement, and an adaptive management ap- paragraph (1)(A) are— in ecological forest restoration, fire ecology, fire
proach that— (A) the demonstrated need, based on the best management, rural economic and workforce de-
(i) conditions the future implementation of the available science, to restore ecological integrity velopment, strategies for ecological adaptation
project on the satisfactory completion of— to degraded or departed areas within the land- to climate change, fish and wildlife ecology, and
(I) priority restoration actions; and scape covered by the project, taking into ac- woody biomass and small-diameter tree utiliza-
(II) required monitoring after implementation; count the current and projected impacts of cli- tion.
(ii) validates conditions projected to occur in mate change; (4) EXEMPTION.—The advisory panel estab-
the environmental analysis for the project; and (B)(i) the importance of watersheds in the lished under paragraph (1) shall be exempt from
(iii) requires modifications to the project if area covered by the project for downstream the Federal Advisory Committee Act (5 U.S.C.
monitoring reveals impacts beyond the antici- waters supply; and App.).
pated impacts of the project. (ii) the opportunity to improve the ecological SEC. 204. YOUTH AND CONSERVATION CORPS AS-
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(H)(i) No new permanent road may be built as integrity and ecological conditions of those wa- SISTANCE WITH PROJECTS UNDER
part of the project. tersheds and reduce risks to water resources THE PLAN.
(ii) Any new temporary roads needed to imple- through landscape-scale forest restoration; In carrying out projects under the Plan, the
ment the project shall be decommissioned not (C)(i) the potential extent of cost sharing for Secretaries shall, to the maximum extent prac-
later than 3 years after completion of the the development and implementation of the ticable—
project. project from diverse sources, such as State or (1) identify appropriate projects to be carried
(I) The project shall use an efficient approach local governments, water or electric utilities, out by, and enter into cooperative agreements to
to landscape-scale analysis and decisionmaking carbon credits, or private entities; and carry out such projects with—
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H7436 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(A) qualified youth or conservation corps (as (C) SELECTION.—Not later than 1 year after quirements for proposals for competitive grants
defined in section 203 of the Public Lands Corps the date of enactment of this Act, based on the under this section.
Act of 1993 (16 U.S.C. 1722)); or consultation under subparagraph (B), the Secre- (d) USE OF AMOUNTS IN THE FUND.—
(B) nonprofit wilderness and trails steward- taries shall select a location for the 1 or more (1) PLANNING.—Not less than 8 percent of
ship organizations, including— centers. amounts appropriated annually to the Fund
(i) the Corps Network; (b) ADDITIONAL TRAINING CENTERS.—Subject may be used to plan eligible projects and activi-
(ii) the National Wilderness Stewardship Alli- to the availability of appropriations, not later ties, including capacity building.
ance; than September 30, 2023, the Secretary of the In- (2) ADMINISTRATIVE COSTS.—(A) Not more
(iii) American Trails; and terior, in cooperation with the Secretary of Agri- than 4 percent of amounts appropriated annu-
(iv) other public lands stewardship organiza- culture, shall— ally to the Fund may be used by the Foundation
tions, as appropriate; and (1) establish and operate a prescribed fire for administrative expenses of the Fund or ad-
(2) waive any matching funds requirements, training center in a western State; ministration of competitive grants offered under
including under section 212(a)(1) of the Public (2) continue to operate a prescribed fire train- the Fund.
Lands Corps Act of 1993 (16 U.S.C. 1729(a)(1)). ing center in an eastern State; (B) Not more than 4 percent of the amounts
SEC. 205. PRESCRIBED FIRE TRAINING EX- (3) establish a virtual prescribed fire training appropriated annually to the Fund may be used
CHANGES. center; and by the United States Fish and Wildlife Service
(a) WESTERN PRESCRIBED FIRE CENTERS.— (4) establish and maintain a Strategic Wildfire for administrative expenses.
(1) IN GENERAL.—In carrying out the Plan, the Management Training Center. (3) PRIORITY.—Not less than $10,000,000 of the
Secretaries shall establish 1 or more centers to SEC. 206. ECOSYSTEM RESTORATION GRANT amounts appropriated annually to the Fund
train individuals in prescribed fire methods and FUND THROUGH NATIONAL FISH shall be awarded annually to support eligible
other methods relevant to the mitigation of wild- AND WILDLIFE FOUNDATION.
projects and activities for Indian Tribes.
fire risk (referred to in this subsection as a (a) ESTABLISHMENT.—Not later than 180 days (4) COORDINATION.—The Secretary and Foun-
‘‘center’’). after the date of enactment of this section, the dation shall ensure, to the greatest extent prac-
(2) HOST INSTITUTIONS.—The 1 or more centers Secretary shall enter into a cooperative agree- ticable and through meaningful consultation,
shall be— ment with the Foundation to establish the Com- that input from Indian Tribes, including tradi-
(A) located at 1 or more institutions of higher munity Resilience and Restoration Fund at the tional ecological knowledge, is incorporated in
education; or Foundation to— the planning and execution of eligible projects
(B) developed in collaboration with 1 or more (1) improve community safety in the face of and activities.
institutions of higher education. climactic extremes through conservation and (e) REPORTS.—
(3) GOALS.—The 1 or more centers shall ad- protection of restoration and resilience lands; (1) ANNUAL REPORTS.—Beginning at the end
vance the following goals: (2) to protect, conserve, and restore restora- the first full fiscal year after the date of enact-
(A) Training individuals and conducting re- tion and resilience lands in order to help com- ment of this section, and not later than 60 days
search on prescribed fire methods and other res- munities respond and adapt to natural threats, after the end of each fiscal year in which
toration methods relevant to the mitigation of including wildfire, drought, extreme heat, and amounts are deposited into the Fund, the Foun-
wildfire risk. other threats posed or exacerbated by the im- dation shall submit to the Secretary a report on
(B) Developing and advancing interdiscipli- pacts of global climate; the operation of the Fund including—
nary science relating to wildfire, including so- (3) to build the resilience of restoration and (A) an accounting of expenditures made under
cial science and human dimensions of wildfire. resilience lands to adapt to, recover from, and the Fund, including leverage and match as ap-
(C) Conducting ongoing and forward-looking withstand natural threats, including wildfire, plicable;
needs assessments among stakeholders, includ- drought, extreme heat, and other threats posed (B) an accounting of any grants made under
ing Federal and State agencies and Indian or exacerbated by the impacts of global climate the Fund, including a list of recipients and a
Tribes, to determine common need requirements change; brief description of each project and its purposes
(4) to protect and enhance the biodiversity of
and emerging challenges to reduce wildfire risk and goals; and
wildlife populations, with special consideration (C) measures and metrics to track benefits cre-
and adapt communities to increased risk from
to the recovery and conservation of at-risk spe- ated by grants administered under the Fund, in-
wildfire, including the following hazard-related
cies, across restoration and resilience lands; cluding enhanced biodiversity, water quality,
focus areas:
(5) to support the health of restoration and re-
(i) Increasing disaster resilience. natural carbon sequestration, and resilience.
silience lands for the benefit of present and fu-
(ii) Mitigation and management methods. (2) 5–YEAR REPORTS.—Not later than 90 days
ture generations;
(iii) Air quality. after the end of the fifth full fiscal year after
(6) to foster innovative, nature-based solu-
(iv) Firestorm weather forecasting and burn- the date of enactment of this section, and not
tions that help meet the goals of this section;
area debris flow forecasting, including empirical later than 90 days after the end every fifth fis-
and
and modeling research. (7) to enhance the nation’s natural carbon se- cal year thereafter, the Foundation shall submit
(D) Collaborating with Federal wildfire sci- to the Secretary a report containing—
questration capabilities and help communities
entists at the Forest Service, the Department of (A) a description of any socioeconomic, bio-
strengthen natural carbon sequestration capac-
the Interior, and other related Federal agencies. diversity, community resilience, or climate resil-
ity where applicable.
(E) Identifying, through a detailed engage- (b) MANAGEMENT OF THE FUND.—The Founda- ience or mitigation (including natural carbon
ment process targeting defined end-users, the re- tion shall manage the Fund— sequestration), impacts generated by projects
quirements and delivery mechanisms for prod- (1) pursuant to the National Fish and Wildlife funded by grants awarded by the Fund, includ-
ucts and services that are practical and will Foundation Establishment Act (16 U.S.C. 3701 et ing measures and metrics illustrating these im-
have an impact on mitigating wildfire risk. seq.); and pacts;
(F) Promoting technology transfer with path- (2) in such a manner that, to the greatest ex- (B) a description of land health benefits de-
ways for dissemination, implementation, and tent practicable and consistent with the pur- rived from projects funded by grants awarded by
application of research results on the ground, poses for which the Fund is established— the Fund, including an accounting of—
using and enhancing previous research. (A) ensures that amounts made available (i) lands treated for invasive species;
(G) Ensuring the connectivity and interoper- through the Fund are accessible to historically (ii) lands treated for wildfire threat reduction,
ability of distributed services to maximize underserved communities, including Tribal com- including those treated with controlled burning
synergies and benefits across services. munities, communities of color, and rural com- or other natural fire-management techniques;
(H) Developing open digital infrastructure to munities; and and
make research data, science, and models open (B) avoids project selection and funding over- (iii) lands restored either from wildfire or
for all sectors to use. lap with those projects and activities that could other forms or degradation, including over-graz-
(I) Collaborating with prescribed fire and otherwise receive funding under— ing and sedimentation;
wildfire science programs, including the Joint (i) the National Oceans and Coastal Security (C) key findings for Congress, including any
Fire Science Program, Fire Science Exchange Fund, established under the National Oceans recommended changes to the authorization or
Networks, and State and Regional Prescribed and Coastal Security Act (16 U.S.C. 7501); or purposes of the Fund;
Fire Associations. (ii) other coastal management focused pro- (D) best practices for other Federal agencies
(J) Advancing best practices and training for grams. in the administration of funds intended for land
safely pursuing, conducting, and controlling (c) COMPETITIVE GRANTS.— and habitat restoration;
prescribed fires. (1) IN GENERAL.—To the extent amounts are (E) information on the use and outcome of
(K) Creating processes to facilitate public com- available in the Fund, the Foundation shall funds specifically set aside for planning and ca-
ment prior to prescribed fire implementation. award grants to eligible entities through a com- pacity building pursuant to subsection (d)(1);
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(4) LOCATION.— petitive grant process in accordance with proce- and
(A) IN GENERAL.—The 1 or more centers shall dures established pursuant to the National Fish (F) any other information that the Founda-
be located in any State the entirety of which is and Wildlife Foundation Establishment Act (16 tion considers relevant.
located west of the 100th meridian. U.S.C. 3701 et seq.) to carry out eligible projects (3) SUBMISSION OF REPORTS TO CONGRESS.—
(B) CONSULTATION.—The Secretaries shall and activities, including planning eligible Not later than 10 days after receiving a report
consult with the Joint Fire Science Program to projects and activities. under this section, the Secretary shall submit
solicit and evaluate proposals for the location of (2) PROPOSALS.—The Foundation, in coordi- the report to the Committee on Natural Re-
the 1 or more centers. nation with the Secretary, shall establish re- sources of the House of Representatives and the
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7437
Committee on Environment and Public Works of (C) A unit of local government. (A) The extent to which the proposed land
the Senate. (D) An Indian Tribe. stewardship activities benefit units of the Na-
(f) AUTHORIZATION OF APPROPRIATIONS.— (E) A special district government, as defined tional Forest System and national grasslands
There is hereby authorized to be appropriated to by the Director of the Bureau of the Census. over the short and long term.
the Fund $100,000,000 for each of fiscal years (4) ECOLOGICAL INTEGRITY.—The term ‘‘eco- (B) The extent to which valuable ecological,
2023 through 2032 to carry out this section. logical integrity’’ has the meaning given the economic, and social benefits to disadvantaged
(g) DEFINITIONS.—For purposes of this section: term in section 219.19 of title 36, Code of Federal communities, including job creation and busi-
(1) The term ‘‘eligible entity’’ means a Federal Regulations (as in effect on the date of enact- ness development or retention, are likely to re-
agency, State, the District of Columbia, a terri- ment of this Act). sult from the scope of the land stewardship ac-
tory of the United States, a unit of local govern- (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ tivities.
ment, an Indian Tribe, a non-profit organiza- has the meaning given the term in section 4 of (C) The extent to which the grant would ben-
tion, or an accredited institution of higher edu- the Indian Self-Determination and Education efit disadvantaged communities that have his-
cation. Assistance Act (25 U.S.C. 5304). torically received less investment in collabo-
(2) The term ‘‘eligible projects and activities’’ (6) LAND STEWARDSHIP ACTIVITY.—The term rative capacity.
means projects and activities carried out by an ‘‘land stewardship activity’’ means any of the (D) The extent to which the proposal brings
eligible entity on public lands, Tribal lands, or following activities, as applied to a qualifying together diverse interests through planning, col-
private land, or any combination thereof, to fur- project: laboration, implementation, or monitoring of
ther the purposes for which the Fund is estab- (A) Planning. land stewardship activities to benefit units of
lished, including planning and capacity build- (B) Collaboration and building community the National Forest System or national grass-
ing and projects and activities carried out in co- support. lands.
ordination with Federal, State, or Tribal depart- (C) Implementation on land other than Na- (E) The extent to which the grant funds ap-
ments or agencies, or any department or agency tional Forest System land. pear to be critical for the success of the eligible
of a subdivision of a State. (D) Monitoring, including multiparty moni- entity and the identified land stewardship ac-
(3) The term ‘‘Foundation’’ means the Na- toring, and adaptive management. tivities.
tional Fish and Wildlife Foundation established (7) QUALIFYING PROJECT.—The term ‘‘quali- (F) The extent to which the budget for the
under the National Fish and Wildlife Founda- fying project’’ means any of the following ac- land stewardship activities is reasonable given
tion Establishment Act (16 U.S.C. 3701 et seq.). tivities that takes place at least in substantial the anticipated outcomes.
(4) The term ‘‘Fund’’ means the Community part on National Forest System land or national (2) SET-ASIDE FOR INDIAN TRIBES.—The Sec-
Resilience and Restoration Fund established grasslands: retary shall allocate not less than 10 percent of
under subsection (a). (A) Restoration of the ecological integrity of a the funding awarded under this section to In-
(5) The term ‘‘Indian Tribe’’ means the gov- forest, meadow, grassland, prairie, or other dian Tribes or eligible entities representing In-
erning body of any Indian or Alaska Native habitat. dian Tribes.
tribe, band, nation, pueblo, village, community, (B) Tribal management for aligned cultural (e) ANNUAL REVIEWS.—
and ecological values. (1) IN GENERAL.—The Secretary shall establish
component band, or component reservation indi-
(C) Enhancing community wildfire resilience and maintain an advisory panel composed of
vidually identified (including parenthetically)
in the wildland-urban interface. not more than 15 members to provide feedback
on the list published by the Secretary under sec-
(D) Increasing equitable access to environ- each year to the Chief of the Forest Service on
tion 104 of the Federally Recognized Indian
mental education and volunteerism opportuni- the extent to which the implementation of this
Tribe List Act of 1994 (25 U.S.C. 5131).
(6) The term ‘‘restoration and resilience ties. section is fulfilling the purpose described in sub-
lands’’ means fish, wildlife, and plant habitats, (8) RESTORATION.—The term ‘‘restoration’’ section (b).
has the meaning given the term in section 219.19 (2) INCLUSIONS.—The advisory panel estab-
and other important natural areas in the United
of title 36, Code of Federal Regulations (as in ef- lished under paragraph (1) shall include rep-
States, on public lands, private land (after ob-
fect on the date of enactment of this Act). resentation from a diversity of public land
taining proper consent from the landowner), or
(9) SECRETARY.—The term ‘‘Secretary’’ means stakeholders from across interest groups, includ-
land of Indian Tribes, including grasslands,
the Secretary of Agriculture, acting through the ing—
shrublands, prairies, chapparral lands, forest
(A) not fewer than 8 members representing the
lands, deserts, and riparian or wetland areas Chief of the Forest Service.
(b) PURPOSE.—The purpose of this section is interests of a diversity of disadvantaged commu-
within or adjacent to these ecosystems.
to support increasing community capacity, part- nities; and
(7) The term ‘‘public lands’’ means lands (B) not fewer than 2 members representing not
owned or controlled by the United States. nerships, and collaborations within and involv-
fewer than 2 Indian Tribes.
(8) The term ‘‘Secretary’’ means the Secretary ing disadvantaged communities for land stew- (3) EXEMPTION.—The advisory panel estab-
of the Interior, acting through the Director of ardship activities and restoration of ecological lished under paragraph (1) shall be exempt from
the United States Fish and Wildlife Service. integrity on— the Federal Advisory Committee Act (5 U.S.C.
(9) The term ‘‘State’’ means a State of the (1) National Forest System land;
App.).
United States, the District of Columbia, any In- (2) national grasslands; and (f) REPORT EVALUATING PROGRAM IMPLEMEN-
dian Tribe, and any commonwealth, territory, (3) adjacent private, State, and trust land as- TATION.—
or possession of the United States. sociated with the health and resilience of land (1) IN GENERAL.—Not later than 4 years after
SEC. 207. NATIONAL COMMUNITY CAPACITY AND described in paragraphs (1) and (2). the date of enactment of this Act, the Secretary
LAND STEWARDSHIP GRANT PRO- (c) ADMINISTRATION.— shall submit to the Committee on Agriculture,
GRAM. (1) IN GENERAL.—The Secretary may issue the Committee on Natural Resources, and the
(a) DEFINITIONS.—In this section: grants to eligible entities for increasing commu- Committee on Appropriations of the House of
(1) COMMUNITY CAPACITY.—The term ‘‘commu- nity capacity for land stewardship activities Representatives and the Committee on Agri-
nity capacity’’ means the ability of an eligible and related activities based on the criteria de- culture, Nutrition, and Forestry, the Committee
entity to carry out or assist in a land steward- scribed in subsection (d). on Energy and Natural Resources, and the Com-
ship activity. (2) FEDERAL COST-SHARE.— mittee on Appropriations of the Senate a report
(2) DISADVANTAGED COMMUNITY.—The term (A) IN GENERAL.—The Secretary may fund up
evaluating the implementation of this section,
‘‘disadvantaged community’’ means— to 100 percent of the cost of land stewardship
including—
(A) a low-income community (as defined in activities and related activities carried out using (A) a list of the eligible entities and land stew-
section 45D(e) of the Internal Revenue Code of a grant issued under paragraph (1). ardship activities selected for funding under this
1986); and (B) MATCHING ELIGIBILITY.—A grant issued section and the accomplishments of those activi-
(B) a community that includes a significant under this section may be considered a non-Fed- ties; and
population that has been systematically denied eral matching contribution from the eligible en- (B) an evaluation of the extent to which the
a full opportunity to participate in aspects of tity that received the grant towards other implementation of this section is fulfilling the
economic, social, and civic life based on a par- sources of Federal funding. purpose described in subsection (b).
ticular characteristic, such as Black, Latino, In- (3) DURATION.—The Secretary may issue a (2) CONSULTATION; CONTRACTING.—In pre-
digenous, and Native American persons, Asian grant under paragraph (1) for a period of 1 or paring the report under paragraph (1), the Sec-
Americans, Pacific Islanders, and other persons more years. retary—
of color. (4) MAXIMUM GRANT AMOUNT.—The amount of (A) shall consult with the advisory panel es-
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- a grant issued under paragraph (1) shall be not tablished under subsection (e)(1); and
ty’’ means any the following entities that is lo- more than $50,000 per year. (B) may contract with a third party to com-
cated in or represents a disadvantaged commu- (5) APPLICABLE LAWS.—The Secretary shall plete an evaluation of the implementation of
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nity: administer grants under paragraph (1) in ac- this section to inform the report.
(A) An organization described in section 501(c) cordance with all applicable Federal and State (g) AUTHORIZATION OF APPROPRIATIONS.—
of the Internal Revenue Code of 1986 and ex- laws. (1) IN GENERAL.—There is authorized to be ap-
empt from taxation under section 501(a) of that (d) CRITERIA FOR AWARDING GRANTS.— propriated to the Secretary to carry out this sec-
Code. (1) IN GENERAL.—Subject to paragraph (2), the tion $50,000,000 for the period of fiscal years 2023
(B) A collaborative group fiscally sponsored Secretary shall award grants to eligible entities through 2032.
by an organization described in subparagraph under subsection (c)(1) on a competitive basis in (2) DISTRIBUTION.—The Secretary shall, to the
(A). accordance with the following criteria: maximum extent practicable, distribute amounts
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H7438 CONGRESSIONAL RECORD — HOUSE July 29, 2022
made available under paragraph (1) in a geo- management in a manner that facilitates the (B) by redesignating subsections (b) through
graphically equitable manner. issuance of direction for an incident response. (g) as subsections (a) through (f), respectively,
(3) ADMINISTRATIVE COSTS.—Not more than 10 SEC. 210. LONG-TERM BURNED AREA RECOVERY (C) by striking ‘‘subsection (b)’’ each place it
percent of any amounts made available to carry ACCOUNT. appears and inserting ‘‘subsection (a)’’; and
out this section may be used for administrative (a) ESTABLISHMENT OF ACCOUNT.—There is es- (D) by striking ‘‘subsection (c)’’ each place it
management and program oversight. tablished in the Treasury of the United States appears and inserting ‘‘subsection (b)’’.
SEC. 208. PROTECTION OF INVENTORIED the Long-Term Burned Area Recovery account (2) By adding at the end the following:
ROADLESS AREAS. for the Department of Agriculture. ‘‘SEC. 3. TRIBAL AND ALASKA NATIVE BIOCHAR
The Secretary of Agriculture shall not author- (b) AUTHORIZATION OF APPROPRIATIONS.— DEMONSTRATION PROJECT.
ize road construction, road reconstruction, or There are authorized to be appropriated for fis- ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR
the cutting, sale, or removal of timber on Na- cal year 2023 and each fiscal year thereafter for AGREEMENTS.—For each of fiscal years 2021
tional Forest System lands subject to the the account established by subsection (a) such through 2030, the Secretary shall enter into
Roadless Area Conservation Rule as published sums as are necessary to carry out the activities stewardship contracts or similar agreements (ex-
on January 12, 2001 (66 Fed. Reg. 3243) except as described in subsection (d), not to exceed cluding direct service contracts) with Indian
provided in— $100,000,000. Tribes or Tribal organizations to carry out dem-
(1) subpart B of part 294 of title 36, Code of (c) ANNUAL REQUESTS.—For fiscal year 2023 onstration projects to support the development
Federal Regulations (as in effect on January 12, and each fiscal year thereafter, the Secretary of and commercialization of biochar on Indian for-
2001); Agriculture shall submit to Congress and in ac- est land or rangeland and in nearby commu-
(2) subpart C of part 294 of title 36, Code of cordance with subsection (b), a request for nities by providing reliable supplies of feedstock
Federal Regulations (as in effect on October 16, amounts necessary to carry out the activities de- from Federal land.
2008 for Idaho); and scribed in subsection (d). ‘‘(b) DEMONSTRATION PROJECTS.—In each fis-
(3) subpart D of part 294 of title 36, Code of (d) AUTHORIZED ACTIVITIES.—The Secretary cal year for which demonstration projects are
Federal Regulations (as provided for Colorado of Agriculture shall use amounts in the account authorized under this section, not less than 4
on July 3, 2012 and December 19, 2016). established by subsection (a) for recovery new demonstration projects that meet the eligi-
SEC. 209. STRATEGIC WILDLAND FIRE MANAGE- projects— bility criteria described in subsection (c) shall be
MENT PLANNING FOR PRESCRIBED (1) that begin not earlier than 1 year after the carried out under contracts or agreements de-
FIRE. date on which the wildfire was contained; scribed in subsection (a).
(a) IN GENERAL.—Not later than September 30, (2) that are— ‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to
2024, the Secretary concerned shall, in accord- (A) scheduled to be completed not later than enter into a contract or agreement under this
ance with this section, establish a spatial fire 3 years after the date on which the wildfire was section, an Indian Tribe shall submit to the Sec-
management plan for any prescribed fire. contained; and retary an application that includes—
(b) USE OF EXISTING INFORMATION.—To com- (B) located at sites impacted by wildfire on ‘‘(1) a description of—
ply with this section, the Secretary concerned non-Federal or Federal land; and ‘‘(A) the Indian forest land or rangeland
may use a fire management plan in existence on (3) that restore the functions of an ecosystem under the jurisdiction of the Indian Tribe; and
the date of enactment of this Act, and informa- or protect life or property. ‘‘(B) the demonstration project proposed to be
tion from the Wildland Fire Decision Support (e) PRIORITIZATION OF FUNDING.—The Sec- carried out by the Indian Tribe; and
System and the Interagency Fuels Treatment retary of Agriculture shall prioritize, on a na- ‘‘(2) such other information as the Secretary
Decision Support System. tionwide basis, projects for which funding re- may require.
(c) UPDATES.—To be valid, a spatial fire man- quests are submitted under this section, based ‘‘(d) SELECTION.—In evaluating the applica-
agement plan established under this section on— tions submitted under subsection (c), the Sec-
shall not be in use for longer than the 10-year (1) downstream effects on water resources; retary shall—
period beginning on the date on which the plan and ‘‘(1) take into consideration whether a pro-
is established. (2) public safety. posed project—
(d) CONTENTS.—For each spatial fire manage- SEC. 211. REPORT ON 10-YEAR NATIONAL WILD- ‘‘(A) creates new jobs and enhances the eco-
ment plan established under this section, the FIRE PLAN IMPLEMENTATION. nomic development of the Indian Tribe;
Secretary concerned shall— Not later than 1 year after the date of the en- ‘‘(B) demonstrates new and innovative uses of
(1) base the plans on a landscape-scale risk actment of this Act, and annually thereafter, biochar, viable markets for cost effective
assessment that includes— the Inspector General of the Department of Ag- biochar-based products, or ecosystem services of
(A) risks to firefighters; riculture shall submit to Congress a report on biochar;
(B) risks to communities; the progress made in the prior year towards ‘‘(C) improves the forest health or watersheds
(C) risks to highly valuable resources; and completing the goals established under the Plan of Federal land or Indian forest land or range-
(D) other relevant considerations determined that includes— land;
by the Secretary concerned; (1) the amount of funding appropriated to ‘‘(D) demonstrates new investments in biochar
(2) include direction, represented in spatial carry out the Plan pursuant to the provisions of infrastructure or otherwise promotes the devel-
form, from land management plans and resource this subtitle with respect to the prior fiscal year; opment and commercialization of biochar;
management plans; and ‘‘(E) is located in an area with—
(3) in coordination with States, delineate po- (2) recommendations to improve implementa- ‘‘(i) nearby lands identified as having a high,
tential operational delineations that— tion of the Plan. very high, or extreme risk of wildfire;
(A) identify potential prescribed fire or wild- SEC. 212. PERFORMANCE METRICS TRACKING.
‘‘(ii) availability of sufficient quantities of
fire control locations; and feedstock; or
Not later than 1 year after the date of the en-
(B) specify the places in which firefighters ‘‘(iii) a high level of demand for biochar or
actment of this Act, and annually thereafter,
will not be sent because of the presence of unac- other commercial byproducts of biochar; or
the Secretary of Agriculture shall submit to ‘‘(F) any combination of purposes specified in
ceptable risk, including areas determined by the
Congress an assessment with respect to the prior subparagraphs (A) through (E); and
Secretary concerned as—
(i) exceeding a certain slope; year of the following: ‘‘(2) exclude from consideration any mer-
(ii) containing too high of a volume of haz- (1) The acres effectively treated by the De- chantable logs that have been identified by the
ardous fuels, under certain weather conditions; partment of Agriculture on National Forest Sys- Secretary for commercial sale.
or tem lands to reduce wildfire risk or improve ‘‘(e) IMPLEMENTATION.—The Secretary shall—
(iii) containing other known hazards; habitat condition— ‘‘(1) ensure that the criteria described in sub-
(4) include a determination of average severe (A) within the wildland urban interface; section (c) are publicly available by not later
fire weather for the plan area; (B) within backcountry areas (including than 120 days after the date of the enactment of
(5) include prefire planning provisions; roadless and wilderness); this section; and
(6) include a plan for emergency wildfire sup- (C) within a priority watershed area; ‘‘(2) to the maximum extent practicable, con-
pression activities; and (D) within an identified wildlife corridor; and
sult with Indian Tribes and appropriate inter-
(7) include, at a minimum, any other require- (E) for which prescribed fire or wildfire
tribal organizations likely to be affected in de-
ment determined to be necessary by the Sec- achieved an ecosystem management goal.
veloping the application and otherwise carrying
(2) Watershed assessment of the National For-
retary concerned. out this section.
(e) CONSISTENCY WITH MANAGEMENT PLANS.— est System, including if watershed conditions
‘‘(f) REPORT.—Not later than 2 years after the
The spatial fire management plans established have degraded, improved, or been maintained.
date of the enactment of this section and every
(3) Carbon emissions and sequestration from
under this section shall, to the maximum extent year thereafter, the Secretary shall submit to
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National Forest System lands.
practicable, be consistent with the fire manage- Congress a report that describes, with respect to
ment objectives and land management objectives Subtitle B—Tribal Biochar Promotion the reporting period—
in the applicable land management plan or re- SEC. 221. TRIBAL AND ALASKA NATIVE BIOCHAR ‘‘(1) each individual Tribal application re-
source management plan. DEMONSTRATION PROJECT. ceived under this section; and
(f) REVISIONS TO LAND MANAGEMENT PLANS The Tribal Forest Protection Act of 2004 (25 ‘‘(2) each contract and agreement entered into
AND RESOURCE MANAGEMENT PLANS.—A revision U.S.C. 3115a et seq.) is amended as follows: pursuant to this section.
to a land management plan or resource manage- (1) In section 2— ‘‘(g) INCORPORATION OF MANAGEMENT
ment plan shall consider fire ecology and fire (A) by striking subsection (a); PLANS.—To the maximum extent practicable, on
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7439
receipt of a request from an Indian Tribe, the (B) modify each agreement as necessary to U.S.C. 7333) (including an overview of the cov-
Secretary shall incorporate into a contract or comply with the standard operating procedures erage levels purchased) as a result of receiving
agreement with that Indian Tribe entered into required under paragraph (1). assistance through—
pursuant to this section, management plans (in- (b) ALIGNMENT OF FIRE SUPPRESSION COST (i) the Wildfire and Hurricane Indemnity Pro-
cluding forest management and integrated re- SHARE AGREEMENTS WITH COOPERATIVE FIRE gram (WHIP) for losses in 2017; and
source management plans and Indian Trust PROTECTION AGREEMENTS.—The standard oper- (ii) the Wildfire and Hurricane Indemnity
Asset Management Plans) in effect on the In- ating procedures required under subsection Program Plus (WHIP+) for losses in 2018 and
dian forest land or rangeland of that Indian (a)(1) shall include a requirement that each fire 2019; and
Tribe. suppression cost share agreement be aligned (E) the number of producers who—
‘‘(h) TERM.—A contract or agreement entered with each of the cooperative fire protection (i) newly purchased Federal crop insurance or
into under this section— agreements applicable to the entity subject to coverage under the Noninsured Crop Disaster
‘‘(1) shall be for a term of not more than 10 such fire suppression cost share agreement. Assistance Program under section 196 of the
years; and (c) SECOND-LEVEL REVIEW.—The standard op- Federal Agriculture Improvement and Reform
‘‘(2) may be renewed in accordance with this erating procedures required under subsection Act of 1996 (7 U.S.C. 7333) as a result of receiv-
section for not more than an additional 10 (a)(1) shall include— ing assistance through—
years. (1) a requirement that the covered Secretaries, (I) the Wildfire and Hurricane Indemnity Pro-
‘‘SEC. 4. DEFINITIONS. to the maximum extent practicable, complete re- gram (WHIP) for losses in 2017; and
‘‘In this Act: views, including second-level reviews of a fire (II) the Wildfire and Hurricane Indemnity
‘‘(1) BIOCHAR.—The term ‘biochar’ means car- suppression cost share agreement, as soon as Program Plus (WHIP+) for losses in 2018; and
bonized biomass produced by converting feed- practicable after a wildfire relating to the area (ii) continued purchasing such insurance or
stock through reductive thermal processing for covered by such fire suppression cost share coverage after the two-year requirement appli-
non-fuel uses. agreement is contained; and cable to such producers; and
‘‘(2) FEDERAL LAND.—The term ‘Federal land’ (2) a requirement that in completing such re- (2) with respect to calendar year 2022, the pro-
means— views, the covered Secretaries consults with jected agricultural losses due to adverse weather
‘‘(A) land of the National Forest System (as State and local fire suppression organizations. events in calendar year 2022.
defined in section 11(a) of the Forest and (d) COVERED SECRETARIES DEFINED.—In this (b) DEFINITIONS.—In this section:
Rangeland Renewable Resources Planning Act section, the term ‘‘covered Secretaries’’ means— (1) AGRICULTURAL COMMITTEES.—The term
of 1974 (16 U.S.C. 1609(a)) administered by the (1) the Secretary of Agriculture; ‘‘agricultural committees’’ means the Committee
Secretary of Agriculture, acting through the (2) the Secretary of the Interior; on Agriculture of the House of Representatives,
Chief of the Forest Service; and (3) the Secretary of Homeland Security; and the Committee on Agriculture, Nutrition, and
‘‘(B) public lands (as defined in section 103 of (4) the Secretary of Defense. Forestry of the Senate, and the subcommittees
the Federal Land Policy and Management Act SEC. 302. INVESTMENT OF CERTAIN FUNDS INTO on Agriculture, Rural Development, Food and
of 1976 (43 U.S.C. 1702)), the surface of which is INTEREST BEARING OBLIGATIONS. Drug Administration, and Related Agencies of
administered by the Secretary of the Interior, Section 7 of the Act of June 20, 1958 (16 U.S.C. the House of Representatives and the Senate.
acting through the Director of the Bureau of 579c), is amended— (2) AGRICULTURAL LOSSES.—The term ‘‘agri-
Land Management. (1) by striking ‘‘of any improvement, protec- cultural losses’’ means the losses described
‘‘(3) FEEDSTOCK.—The term ‘feedstock’ means tion, or rehabilitation’’ and inserting ‘‘of any under the heading ‘‘Department of Agri-
excess biomass in the form of plant matter or assessment, improvement, protection, restora- culture—Agricultural Programs—Processing,
materials that serves as the raw material for the tion, or rehabilitation’’; and Research and Marketing—Office of the Sec-
production of biochar. (2) by striking ‘‘Provided, That’’ and all that retary’’ in the Extending Government Funding
‘‘(4) INDIAN FOREST LAND OR RANGELAND..— follows through the period at the end and in- and Delivering Emergency Assistance Act (Pub-
The term ‘Indian forest land or rangeland’ serting: ‘‘Provided, That any monies covered lic Law 117–43) with respect to calendar year
means land that— into the Treasury under this section, including 2022.
‘‘(A) is held in trust by, or with a restriction all monies that were previously collected by the SEC. 304. STUDY ON USE OF CH–47 CHINOOKS TO
against alienation by, the United States for an United States in a forfeiture, judgment, com- RESPOND TO WILDFIRES.
Indian Tribe or a member of an Indian Tribe; promise, or settlement, shall be invested by the Not later 1 year after the date of the enact-
and Secretary of the Treasury in interest bearing ob- ment of this Act, the Secretary of Agriculture,
‘‘(B)(i)(I) is Indian forest land (as defined in ligations of the United States to the extent the the Secretary of the Interior, and the Secretary
section 304 of the National Indian Forest Re- amounts are not, in the judgment of the Sec- of Homeland Security shall jointly submit to
sources Management Act (25 U.S.C. 3103)); or retary of the Treasury, required to meet current Congress a report—
‘‘(II) has a cover of grasses, brush, or any withdrawals: Provided further, That any inter- (1) on the feasibility and effectiveness of using
similar vegetation; or est earned on the amounts, including any inter- CH–47 Chinooks with firefighting modifications
‘‘(ii) formerly had a forest cover or vegetative est earned by investment, is hereby appropriated to—
cover that is capable of restoration. and made available until expended to cover the (A) respond to wildfires; and
‘‘(5) INDIAN TRIBE.—The term ‘Indian Tribe’ costs to the United States specified in this sec- (B) perform search and rescue activities; and
has the meaning given that term in section 4 of tion: Provided further, That, for fiscal year 2021 (2) that identifies the governmental organiza-
the Indian Self-Determination and Education and thereafter, the Secretary shall include in tions (including Federal, State, and local gov-
Assistance Act (25 U.S.C. 5304). the budget materials submitted to Congress in ernment organizations) that would be most ef-
‘‘(6) SECRETARY.—The term ‘Secretary’ support of the President’s annual budget re- fective with respect to using the aircraft de-
means— quest (submitted to Congress pursuant to section scribed in paragraph (1) to carry out the activi-
‘‘(A) the Secretary of Agriculture, with respect 1105 of title 31, United States Code) for each fis- ties specified in that paragraph.
to land under the jurisdiction of the Forest cal year the proposed use of such amounts with DIVISION B—DROUGHT
Service; and respect to the Forest Service: Provided further, TITLE I—DROUGHT RESPONSE AND
‘‘(B) the Secretary of the Interior, with re- That any portion of the monies received or CLIMATE RESILIENCE
spect to land under the jurisdiction of the Bu- earned under this section in excess of the SEC. 101. ADVANCING LARGE-SCALE WATER RECY-
reau of Land Management. amount expended in performing the work neces- CLING AND REUSE PROJECTS.
‘‘(7) TRIBAL ORGANIZATION.—The term ‘Tribal sitated by the action which led to their receipt (a) ELIGIBLE PROJECT.—Section 40905(c)(4) of
organization’ has the meaning given that term may be used to cover the other work specified in the Infrastructure Investment and Jobs Act (43
in section 4 of the Indian Self-Determination this section.’’. U.S.C. 3205(c)(4)) is amended to read as follows:
and Education Assistance Act (25 U.S.C. SEC. 303. STUDY ON CROP LOSSES. ‘‘(4) is—
5304).’’. (a) IN GENERAL.—Not later than 90 days after ‘‘(A) constructed, operated, and maintained
TITLE III—OTHER MATTERS the date of the enactment of this Act, the Sec- by an eligible entity; or
SEC. 301. REQUIREMENTS RELATING TO CERTAIN retary of Agriculture shall submit to the agricul- ‘‘(B) owned by an eligible entity; and’’.
FIRE SUPPRESSION COST SHARE tural committees a report that includes— (b) REMOVAL OF TERMINATION OF AUTHORITY;
AGREEMENTS. (1) as of the date of the report, an estimate ADDITIONAL AUTHORIZATION OF APPROPRIA-
(a) ESTABLISHMENT OF STANDARD OPERATING of— TIONS.—Section 40905(k) of the Infrastructure
PROCEDURES.—Not later than 1 year after the (A) agricultural losses due to adverse weather Investment and Jobs Act (43 U.S.C. 3205(k)) is
date of the enactment of this section, the cov- events that have occurred in calendar year 2022; amended to read as follows:
ered Secretaries shall— (B) Emergency Relief Program funds spent for ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—In
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(1) establish standard operating procedures re- 2020 and 2021 losses; addition to the amounts made available under
lating to fire suppression cost share agreements (C) Emergency Livestock Relief Program funds section 40901(4)(B) to carry out this section,
established under the Act of May 27, 1955 (42 spent for 2021 losses; there is authorized to be appropriated to the
U.S.C. 1856a) (commonly known as the ‘‘Recip- (D) the number of new producers that have Secretary $700,000,000 to carry out this section,
rocal Fire Protection Act’’); and purchased Federal crop insurance or coverage to remain available until expended.’’.
(2) with respect to each fire suppression cost under the Noninsured Crop Disaster Assistance (c) APPLICABILITY.—The amendments made by
share agreement in operation on such date— Program under section 196 of the Federal Agri- this section shall apply to amounts appropriated
(A) review each such agreement; and culture Improvement and Reform Act of 1996 (7 on or after the date of the enactment of this Act.
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H7440 CONGRESSIONAL RECORD — HOUSE July 29, 2022
SEC. 102. SALTON SEA PROJECTS IMPROVE- (1) AUTHORIZATION OF APPROPRIATIONS.—Sec- (II) Addresses an urgent and compelling pub-
MENTS. tion 109(a) of the Rural Water Supply Act of lic health or safety concern relating to access to
Section 1101 of the Reclamation Projects Au- 2006 (43 U.S.C. 2408(a)) is amended by striking safe drinking water for residents on Tribal land.
thorization and Adjustment Act of 1992 (Public ‘‘2016’’ and inserting ‘‘2032’’. (III) Addresses needs identified in the Report.
Law 102–575) is amended— (2) TERMINATION OF AUTHORITY.—Section 110 (IV) Closer to being completed, or farther
(1) by redesignating subsections (b) through of the Rural Water Supply Act of 2006 (43 U.S.C. along in planning, design, or construction, as
(d) as subsections (c) through (e), respectively; 2409) is amended by striking ‘‘2016’’ and insert- compared to other projects being considered for
(2) by inserting after subsection (a) the fol- ing ‘‘2032’’. funding.
lowing: (b) BUREAU OF RECLAMATION RURAL WATER (V) Takes advantage of the experience and
‘‘(b) ADDITIONAL PROJECT AUTHORITIES.— SUPPLY PROGRAM.— technical expertise of the Bureau of Reclama-
‘‘(1) IN GENERAL.—The Secretary, acting (1) DEFINITIONS.—In this subsection: tion in the planning, design, and construction
through the Bureau of Reclamation, may pro- (A) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ of rural water projects, particularly with respect
vide grants and enter into contracts and cooper- has the meaning given the term in section 4 of to a project that takes advantage of economies
ative agreements to carry out projects located in the Indian Self-Determination and Education of scale.
the area of the Salton Sea in Southern Cali- Assistance Act (25 U.S.C. 5304). (VI) Takes advantage of local or regional
fornia to improve air quality, fish and wildlife (B) RECLAMATION STATE.—The term ‘‘Rec- partnerships that complement related efforts by
habitat, recreational opportunities, and water lamation State’’ means a State described in the Tribal, State, or Federal agencies to enhance ac-
quality, in partnership with— first section of the Act of June 17, 1902 (43 cess to drinking water or water sanitation serv-
‘‘(A) State, Tribal, and local governments; U.S.C. 391; 32 Stat. 388, ch. 1093). ices on Tribal land.
‘‘(B) water districts; (C) REPORT.—The term ‘‘Report’’ means the (VII) Leverages the resources or capabilities of
‘‘(C) joint powers authorities, including the most recent annual report required to be sub- other Tribal, State, or Federal agencies to accel-
Salton Sea Authority; mitted by the Secretary of Health and Human erate planning, design, and construction.
‘‘(D) nonprofit organizations; and Services to the President under section 302(g) of (VIII) Provides multiple benefits, including—
‘‘(E) institutions of higher education. the Indian Health Care Improvement Act (25 (aa) improved water supply reliability;
‘‘(2) INCLUDED ACTIVITIES.—The projects de- U.S.C. 1632(g)). (bb) public health improvements;
scribed in paragraph (1) may include— (D) SECRETARY.—The term ‘‘Secretary’’ means (cc) ecosystem benefits;
‘‘(A) construction, operation, maintenance, the Secretary of the Interior, acting through the (dd) groundwater management and enhance-
permitting, and design activities required for Commissioner of Reclamation. ments; and
such projects; and (E) TRIBAL LAND.—The term ‘‘Tribal land’’ (ee) water quality improvements.
‘‘(B) dust suppression projects.’’; and means— (ii) CONSULTATION.—In prioritizing projects
(3) in subsection (e), as so redesignated, by (i) land located within the boundaries of— for funding under clause (i), the Secretary—
striking ‘‘$13,000,000’’ and inserting (I) an Indian reservation, pueblo, or (I) shall consult with the Director of the In-
‘‘$250,000,000’’. rancheria; or dian Health Service; and
SEC. 103. NEAR-TERM ACTIONS TO PRESERVE (II) a former reservation within Oklahoma; (II) may coordinate funding of projects under
COLORADO RIVER SYSTEM. (ii) land not located within the boundaries of this paragraph with the Director of the Indian
In addition to the amounts otherwise avail- an Indian reservation, pueblo, or rancheria, Health Service, the Administrator of the Envi-
able and consistent with contractual arrange- title to which is held— ronmental Protection Agency, the Secretary of
ments and applicable State and Federal law, (I) in trust by the United States for the benefit Agriculture, and the head of any other Federal
there is authorized to be appropriated to the of an Indian Tribe or an individual Indian; agency in any manner that the Secretary deter-
Secretary of the Interior $500,000,000, for the pe- (II) by an Indian Tribe or an individual In- mines would—
riod of fiscal years 2023 through 2026, to use dian, subject to restriction against alienation (aa) accelerate project planning, design, or
available legal authorities to reduce the near- under laws of the United States; or construction; or
term likelihood of Lake Mead and Lake Powell (III) by a dependent Indian community; (bb) otherwise take advantage of the capabili-
declining to critically low water elevations. (iii) land located within a region established ties of, and resources potentially available from,
pursuant to section 7(a) of the Alaska Native other Federal sources.
SEC. 104. WATERSMART ACCESS FOR TRIBES.
Claims Settlement Act (43 U.S.C. 1606(a)); (3) FUNDING.—
Section 9504(a)(3)(E)(i) of the Omnibus Public (A) IN GENERAL.—In addition to amounts oth-
(iv) Hawaiian Home Lands (as defined in sec-
Land Management Act of 2009 (42 U.S.C. erwise available, there is authorized to be ap-
tion 801 of the Native American Housing Assist-
10364(a)(3)(E)(i)) is amended— propriated to the Secretary $1,000,000,000 to
ance and Self-Determination Act of 1996 (25
(1) in subclause (I), by striking ‘‘subclause carry out this subsection, to remain available
U.S.C. 4221)); or
(II)’’ and inserting ‘‘subclauses (II) and (III)’’; until expended.
(v) an area or community designated by the
and (B) ADMINISTRATIVE EXPENSES; USE OF
Assistant Secretary of Indian Affairs of the De-
(2) after subclause (II), by inserting the fol- FUNDS.—Of the amounts authorized to be appro-
partment of the Interior that is near, adjacent,
lowing: priated under subparagraph (A), not more than
or contiguous to an Indian reservation where fi-
‘‘(III) WAIVER; REDUCTION.—With respect to a 2 percent is authorized to be appropriated for—
nancial assistance and social service programs
grant or other agreement entered into under (i) the administration of the rural water sup-
are provided to Indians because of their status
paragraph (1) between the Secretary and an In- ply program established under section 103 of the
as Indians.
dian tribe, the Secretary may reduce or waive Rural Water Supply Act of 2006 (43 U.S.C. 2402);
(2) COMPETITIVE GRANT PROGRAM FOR TRIBAL
the non-Federal share (and increase the Federal and
CLEAN WATER ACCESS PROJECTS.—
share accordingly) of the cost of any infrastruc- (ii) related management and staffing expenses.
(A) ESTABLISHMENT.—In accordance with sec-
ture improvement or activity that is the subject (c) FUNDING FOR NATIVE AMERICAN AFFAIRS
tion 103 of the Rural Water Supply Act of 2006
of that grant or other agreement if the Secretary TECHNICAL ASSISTANCE PROGRAM OF THE BU-
(43 U.S.C. 2402), the Secretary shall establish a
determines that meeting the cost-share require- REAU OF RECLAMATION.—In addition to amounts
competitive grant program under which an In-
ment presents a financial hardship for the In- otherwise available, there is authorized to be
dian Tribe shall be eligible to apply for a grant
dian tribe.’’. appropriated to the Secretary $90,000,000 for
from the Secretary in an amount not to exceed
SEC. 105. RECLAMATION WATER SETTLEMENTS 100 percent of the cost of planning, design, and use, in accordance with section 201 of the En-
FUND. ergy and Water Development Appropriations
construction of a project determined by the Sec-
Section 10501 of the Omnibus Public Land retary to be eligible for funding under subpara- Act, 2003 (43 U.S.C. 373d), for the Native Amer-
Management Act of 2009 (43 U.S.C. 407) is graph (B). ican Affairs Technical Assistance Program of
amended— (B) ELIGIBILITY.—To be eligible for a grant the Bureau of Reclamation, to remain available
(1) in subsection (b)(1), by inserting ‘‘and for under subparagraph (A), a project shall— until expended.
fiscal year 2033 and each fiscal year thereafter’’ (i) be carried out in a Reclamation State; and SEC. 107.
WHITE MOUNTAIN APACHE TRIBE
after ‘‘For each of fiscal years 2020 through (ii) as determined by the Secretary— RURAL WATER SYSTEM.
2029’’; (I) provide, increase, or enhance access to safe (a) CONVEYANCE OF TITLE TO TRIBE.—Section
(2) in subsection (c)— drinking water for communities and households 307(d)(2)(E) of the White Mountain Apache
(A) in paragraph (1)(A), by striking ‘‘for each on Tribal land; or Tribe Water Rights Quantification Act of 2010
of fiscal years 2020 through 2034’’ and inserting (II) address public health and safety concerns (title III of Public Law 111–291; 124 Stat. 3082;
‘‘for fiscal year 2020 and each fiscal year there- associated with access to safe drinking water. 132 Stat. 1626) is amended, in the matter pre-
after’’; and (C) PRIORITY.— ceding clause (i), by striking ‘‘water system—’’
(B) in paragraph (3)(C), by striking ‘‘for any (i) IN GENERAL.—In awarding grants under and all that follows through the period at the
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authorized use’’ and all that follows through subparagraph (A), the Secretary, in consulta- end of clause (ii)(II), and inserting ‘‘water sys-
the period at the end and inserting ‘‘for any use tion with the Director of the Indian Health tem is substantially complete, as determined by
authorized under paragraph (2).’’; and Service, shall give priority to projects that meet the Secretary in accordance with subsection
(3) by striking subsection (f). one or more of the following criteria: (k).’’.
SEC. 106. BUREAU OF RECLAMATION TRIBAL (I) Provides potable water supplies to commu- (b) REQUIREMENTS FOR DETERMINATION OF
CLEAN WATER ASSISTANCE. nities or households on Tribal land that do not SUBSTANTIAL COMPLETION OF THE WMAT
(a) RURAL WATER SUPPLY PROGRAM REAU- have access to running water as of the date of RURAL WATER SYSTEM.—Section 307 of the
THORIZATION.— the project application. White Mountain Apache Tribe Water Rights
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7441
Quantification Act of 2010 (title III of Public ‘‘(3) WMAT MAINTENANCE FUND.—All amounts ‘‘$20,000,000 per year for fiscal years 2023
Law 111–291; 124 Stat. 3080; 132 Stat. 1626) is made available under subsection (b)(3) shall be through 2027’’; and
amended by adding at the end the following: adjusted on deposit to reflect the changes made (B) by striking ‘‘$1,000,000’’ and inserting
‘‘(k) REQUIREMENTS FOR DETERMINATION OF since October 1, 2007, with respect to the Con- ‘‘$15,000,000’’.
SUBSTANTIAL COMPLETION OF THE WMAT sumer Price Index for All Urban Consumers SEC. 109. WATER RESOURCES RESEARCH ACT
RURAL WATER SYSTEM.—The WMAT rural West Urban 50,000 to 1,500,000 published by the AMENDMENTS.
water system shall be determined to be substan- Bureau of Labor Statistics. (a) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tially complete if— ‘‘(4) WMAT COST OVERRUN SUBACCOUNT.—Of tion 104(f)(1) of the Water Resources Research
‘‘(1) the infrastructure constructed is capable the amounts made available under subsection Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by
of storing, diverting, treating, transmitting, and (e)(2)— striking ‘$12,000,000 for each of fiscal years 2022
distributing a supply of water as set forth in the ‘‘(A) $35,000,000 shall be adjusted as necessary through 2025’ and inserting ‘$14,000,000 for each
final project design described in subsection (c); to reflect the changes made since October 1, of fiscal years 2023 through 2032’.
or 2007, with respect to the construction cost indi- (b) ADDITIONAL APPROPRIATIONS WHERE RE-
‘‘(2) the Secretary— ces applicable to the types of construction in- SEARCH FOCUSED ON WATER PROBLEMS OF
‘‘(A) expended all of the available funding volved in the construction of the WMAT rural INTERSTATE NATURE.—Section 104(g)(1) of the
provided to construct the WMAT rural water water system and the maintenance of the Water Resources Research Act of 1984 (42 U.S.C.
system; and WMAT rural water system; and 10303(g)(1)) is amended by striking ‘‘$3,000,000
‘‘(B) despite diligent efforts, cannot complete ‘‘(B) additional funds, in excess of the amount for each of fiscal years 2022 through 2025’’ and
construction as described in the final project de- referred to in subparagraph (A), shall be ad- inserting ‘‘$4,000,000 for each of fiscal years 2023
sign described in subsection (c) due solely to the justed as necessary to reflect the changes made through 2032’’.
lack of additional authorized funding.’’. since April 1, 2021, with respect to the construc- (c) GRANTS.—Section 104(c) of the Water Re-
(c) ENFORCEABILITY DATE.— tion cost indices applicable to the types of con-
(1) IN GENERAL.—Section 309(d) of the White sources Research Act of 1984 (42 U.S.C. 10303(c))
struction involved in the construction of the is amended by—
Mountain Apache Tribe Water Rights Quan- WMAT rural water system and the maintenance (1) redesignating paragraph (2) as paragraph
tification Act of 2010 (Public Law 111–291; 124 of the WMAT rural water system. (4); and
Stat. 3088; 133 Stat. 2669) is amended— ‘‘(5) CONSTRUCTION COSTS ADJUSTMENT.—The (2) inserting after paragraph (1) the following:
(A) in paragraph (1)— amounts made available under subsections (a),
(i) by redesignating subparagraphs (D) ‘‘(2) ALLOCATION.—From the sums appro-
(b)(2), and (e)(2), shall be adjusted to address priated, the Secretary shall allocate a minimum
through (G) as subparagraphs (E) through (H),
construction cost changes necessary to account of—
respectively; and
for unforeseen market volatility that may not ‘‘(A) 80 percent of the sums to base grants
(ii) by inserting after subparagraph (C) the
otherwise be captured by engineering cost indi- consistent with subsection (f)(1); and
following:
‘‘(D) such amount, up to the amount made ces as determined by the Secretary, including re- ‘‘(B) 20 percent of the sums to research fo-
available under section 312(e)(2), as the Sec- pricing applicable to the types of construction cused on water problems of interstate nature
retary determines to be necessary to construct and current industry standards involved.’’. consistent with subsection (g)(1).
(f) FUNDING.—Section 312(e)(2)(B) of the ‘‘(3) ADDITIONAL SPECIAL PROJECTS.—Any
the WMAT rural water system that is capable of
White Mountain Apache Tribe Water Rights sums Congress delineates for specific topics and
storing, diverting, treating, transmitting, and
Quantification Act of 2010 (title III of Public water priorities shall fall under subsection
distributing a supply of water as set forth in the
Law 111–291; 124 Stat. 3095) is amended by strik- (g)(1). All sums under subsection (g)(1), includ-
final project design described in section 307(c)
ing ‘‘$11,000,000’’ and inserting ‘‘$541,000,000’’. ing congressionally delineated sums for specific
has been deposited in the WMAT Cost Overrun
(g) RETURN TO TREASURY.— topics and water priorities, shall not exceed 20
Subaccount;’’; and (1) IN GENERAL.—Section 312(e)(4)(B) of the
(B) in paragraph (2), by striking ‘‘2023’’ each percent of the sums appropriated for the Water
White Mountain Apache Tribe Water Rights Resources Research Act program.’’.
place it appears and inserting ‘‘2025’’. Quantification Act of 2010 (Public Law 111–291;
(2) CONFORMING AMENDMENT.—Section 3(b)(2) SEC. 110. SALINE LAKE ECOSYSTEMS IN THE
124 Stat. 3096) is amended, in the matter pre- GREAT BASIN STATES ASSESSMENT
of the White Mountain Apache Tribe Rural
ceding clause (i), by striking ‘‘shall be’’ and all AND MONITORING PROGRAM.
Water System Loan Authorization Act (Public
that follows through ‘‘subsection (b)(2)(C)’’ and (a) DEFINITIONS.—In this section:
Law 110–390; 122 Stat. 4191; 124 Stat. 3092; 133
inserting ‘‘shall be returned to the general fund (1) PROGRAM.—The term ‘‘Program’’ means
Stat. 2669) is amended by striking ‘‘beginning
of the Treasury’’. the Saline Lake Ecosystems in the Great Basin
on’’ and all that follows through the period at (2) CONFORMING AMENDMENT.—Section
the end and inserting ‘‘beginning on May 1, States Assessment and Monitoring Program es-
312(b)(2) of the White Mountain Apache Tribe tablished under subsection (b).
2025.’’. Water Rights Quantification Act of 2010 (Public
(d) REQUIREMENT.—Section 310(b) of the (2) COORDINATING ENTITIES.—The term ‘‘co-
Law 111–291; 124 Stat. 3093; 132 Stat. 1626) is ordinating entities’’ includes—
White Mountain Apache Tribe Water Rights
amended by striking subparagraph (B) and in- (A) Federal, State, Tribal, and local agencies;
Quantification Act of 2010 (title III of Public
serting the following: (B) institutions of higher education;
Law 111–291; 124 Stat. 3090) is amended by add- ‘‘(B) TRANSFERS TO FUND.—There is author- (C) nonprofit organizations; and
ing at the end the following: ized to be appropriated to the Secretary for de-
‘‘(3) EXPENDITURES.—If, before the enforce- (D) local stakeholders.
posit in the WMAT Settlement Fund (3) SALINE LAKE ECOSYSTEMS.—The term ‘‘sa-
ability date under section 309(d), Federal funds
$78,500,000.’’. line lake ecosystems’’ means the ecosystems as-
are expended to carry out activities identified in (h) P ROHIBITION .—Section 312(e) of the White sociated with the following lakes:
subparagraphs (A) or (C) of paragraph (2) in ex- Mountain Apache Tribe Water Rights Quan- (A) Lake Abert in Oregon.
cess of the amounts provided pursuant to the tification Act of 2010 (title III of Public Law (B) Eagle Lake in California.
White Mountain Apache Tribe Rural Water Sys- 111–291; 124 Stat. 3096) is amended by adding at (C) Franklin Lake in Nevada.
tem Loan Authorization Act (Public Law 110– the end the following: (D) Goose Lake in California and Oregon.
390; 122 Stat. 4191), such expenditures shall be ‘‘(5) PROHIBITION.—Notwithstanding any (E) Great Salt Lake in Utah.
accounted for as White Mountain Apache Tribe other provision of law, any amounts made avail- (F) Harney Lake in Oregon.
Water Rights Settlement Subaccount funds.’’. able under paragraph (2)(B) shall not be made (G) Honey Lake in California.
(e) COST INDEXING.—Section 312(c) of the available from the Indian Water Rights Settle- (H) Lahontan Valley wetlands, including Car-
White Mountain Apache Tribe Water Rights ment Completion Fund established by section son Lake, Carson Sink, and Stillwater Marsh in
Quantification Act of 2010 (title III of Public 70101 of the Infrastructure Investment and Jobs Nevada.
Law 111–291; 124 Stat. 3095) is amended to read Act (25 U.S.C. 149) or the Reclamation Water (I) Malheur Lake in Oregon.
as follows: Settlements Fund established by section 10501(a) (J) Mono Lake in California.
‘‘(c) COST INDEXING.— (K) Owens Lake in California.
‘‘(1) WHITE MOUNTAIN APACHE TRIBE WATER of the Omnibus Public Land Management Act of
2009 (43 U.S.C. 407(a)) until 2034.’’. (L) Pyramid Lake in Nevada.
RIGHTS SETTLEMENT SUBACCOUNT.—All amounts (M) Ruby Lake in Nevada.
SEC. 108. DESALINATION RESEARCH AUTHORIZA-
made available under subsection (a) shall be ad- (N) Sevier Lake in Utah.
TION.
justed as necessary to reflect the changes made (O) Silver Lake in Oregon.
The Water Desalination Act of 1996 (42 U.S.C.
since October 1, 2007, with respect to the con- (P) Summer Lake in Oregon.
10301 note; Public Law 104–298) is amended—
struction cost indices applicable to the types of (1) in section 3(e)— (Q) Walker Lake in Nevada.
construction involved in the construction of the (A) in paragraph (5), by striking ‘‘and’’; (R) Warner Lake in Oregon.
WMAT rural water system and the maintenance (B) in paragraph (6), by striking the period at (S) Winnemucca Lake in Nevada.
of the WMAT rural water system. the end and inserting ‘‘; and’’; and (4) SECRETARY.—The term ‘‘Secretary’’ means
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‘‘(2) WMAT SETTLEMENT FUND.—All amounts (C) by adding at the end the following: the Secretary of the Interior, acting through the
made available under subsection (b)(2) shall be ‘‘(7) to minimize the impacts of seawater de- Director of the United States Geological Survey.
adjusted annually to reflect the changes made salination on aquatic life and coastal eco- (5) WORK AND IMPLEMENTATION PLAN.—The
since October 1, 2007, with respect to the con- systems, including technologies to monitor and term ‘‘work and implementation plan’’ means
struction cost indices applicable to the types of reduce those impacts.’’; and the multiyear work and implementation plan es-
construction involved in the construction of the (2) in section 8(a)— tablished under subsection (c)(1).
WMAT rural water system and the maintenance (A) by striking ‘‘$5,000,000 per year for fiscal (b) ESTABLISHMENT.—The Secretary shall es-
of the WMAT rural water system. years 1997 through 2021’’ and inserting tablish a program to be known as the ‘‘Saline
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H7442 CONGRESSIONAL RECORD — HOUSE July 29, 2022
Lake Ecosystems in the Great Basin States As- (3) Lahontan Valley Wetlands, including Car- (6) WATER EFFICIENCY INCENTIVE PROGRAM.—
sessment and Monitoring Program’’ to— son Sink, Carson Lake, and Stillwater Marsh in The term ‘‘water efficiency incentive program’’
(1) assess and monitor the hydrology of saline Nevada. means a program for providing incentives, in-
lake ecosystems and the migratory birds and (4) Ruby Lake in Nevada. cluding direct installation services, to residen-
other wildlife that depend on saline lake eco- (5) Walker Lake in Nevada. tial, commercial, or industrial customers of a
systems; and (6) Mono Lake in California. public water system for the purchase, lease, in-
(2) inform and support coordinated manage- (7) Owens Lake in California. stallation, use, or implementation, as applicable,
ment and conservation actions to benefit saline (8) Summer Lake in Oregon. of water-efficient upgrades.
lake ecosystems, migratory birds, and other SEC. 111. EXTENSION OF AUTHORIZATIONS RE- (7) WATER-EFFICIENT UPGRADE.—
wildlife. LATED TO FISH RECOVERY PRO- (A) IN GENERAL.—The term ‘‘water-efficient
(c) WORK AND IMPLEMENTATION PLAN.— GRAMS. upgrade’’ means a product, landscape, label,
(1) IN GENERAL.—In carrying out the Program, Section 3 of Public Law 106–392 (114 Stat. process, or service for a residential, commercial,
the Secretary, in coordination with the Director 1603) is amended— or industrial building, or the landscape of such
of the United States Fish and Wildlife Service (1) by striking ‘‘2023’’ each place it appears a building, that is—
and coordinating entities, shall establish a and inserting ‘‘2024’’; (i) rated for water efficiency and performance
multiyear work and implementation plan to as- (2) in subsection (b)(1), by striking under the WaterSense program or the Energy
sess, monitor, and conserve saline lake eco- ‘‘$179,000,000’’ and inserting ‘‘$184,000,000’’; Star program; or
systems and migratory birds and other wildlife (3) in subsection (b)(2), by striking (ii) otherwise determined by the Administrator
that depend on saline lake ecosystems. ‘‘$30,000,000’’ and inserting ‘‘$25,000,000’’; to improve water-use efficiency.
(2) INCLUSIONS.—The work and implementa- (4) in subsection (h), by striking ‘‘, at least 1 (B) INCLUSIONS.—The term ‘‘water-efficient
tion plan shall include— year prior to such expiration,’’; and upgrade’’ includes—
(A) a synthesis of available information, lit- (5) in subsection (j), by striking ‘‘2021’’ each (i) a faucet;
place it appears and inserting ‘‘2022’’. (ii) a showerhead;
erature, and data, and an assessment of sci- (iii) a dishwasher;
entific and informational needs, relating to sa- SEC. 112. RECLAMATION CLIMATE CHANGE AND
WATER PROGRAM. (iv) a toilet;
line lake ecosystems with respect to— (v) a clothes washer;
(i) water quantity, water quality, water use, Section 9503(f) of the Omnibus Public Land
(vi) an irrigation product or service;
and water demand; Management Act of 2009 (42 U.S.C. 10363(f)) is (vii) advanced metering infrastructure;
(ii) migratory bird and other wildlife popu- amended by striking ‘‘2023’’ and inserting (viii) a flow monitoring device;
lations, habitats, and ecology; ‘‘2033’’. (ix) a landscaping or gardening product, in-
(iii) annual lifecycle needs of migratory birds; SEC. 113. AUTHORIZATION OF APPROPRIATIONS cluding moisture control or water-enhancing
and FOR THE LAS VEGAS WASH PRO- technology;
GRAM. (x) xeriscaping, turf removal, or another land-
(iv) environmental changes and other
stressors, including climatic stressors; Section 529(b)(3) of the Water Resources De- scape conversion that reduces water use (except
(B) a description of how the work and imple- velopment Act of 2000 (114 Stat. 2658; 119 Stat. for the installation of artificial turf); and
mentation plan will address the scientific and 2255; 125 Stat. 865) is amended by striking (xi) any other product, landscape, process, or
informational needs described in subparagraph ‘‘$30,000,000’’ and inserting ‘‘$55,000,000’’. service—
(A), including monitoring activities, data infra- SEC. 114. TERMINAL LAKES ASSISTANCE. (I) certified pursuant to the WaterSense pro-
structure needs, and development of tools nec- Section 2507(f) of the Farm Security and gram; or
essary to implement the Program; Rural Investment Act of 2002 (16 U.S.C. 3839bb– (II) otherwise determined by the Adminis-
(C) recommendations and a cost assessment 6(f)) is amended by striking ‘‘2023’’ and insert- trator to reduce water use or water loss, includ-
for the work and implementation plan; and ing ‘‘2025’’. ing products rated for water efficiency and per-
(D) other matters, as determined necessary by SEC. 115. EXPEDITED MEASURES FOR DROUGHT formance under the Energy Star program.
the Secretary. RESPONSE. (8) WATER LOSS CONTROL PROGRAM.—The term
(3) REPORT.—Not later than 1 year after the (a) EXPEDITED PROGRAM IMPLEMENTATION.— ‘‘water loss control program’’ means a program
date of the enactment of this Act, the Secretary Section 40905(h) of the Infrastructure Invest- to identify and quantify water uses and losses,
shall submit to Congress a report describing the ment and Jobs Act (43 U.S.C. 3205(h); 135 Stat. implement controls to reduce or eliminate losses
work and implementation plan. 1124) is amended by striking ‘‘Not later than 1 and leaks, and evaluate the effectiveness of
(d) IMPLEMENTATION.—The Secretary shall im- year after the date of enactment of this Act’’ such controls.
(9) WATERSENSE PROGRAM.—The term
plement the Program based on the information, and inserting ‘‘Not later than August 31, 2022’’.
‘‘WaterSense program’’ means the program es-
findings, and recommendations contained in the (b) ESTABLISHMENT OF PROGRAM.—Section
tablished by section 324B of the Energy Policy
work and implementation plan. 40907(b) of the Infrastructure Investment and
(e) COOPERATIVE AGREEMENTS AND GRANTS.— and Conservation Act (42 U.S.C. 6294b).
Jobs Act (43 U.S.C. 3207(b); 135 Stat. 1125) is
(b) WATER EFFICIENCY AND CONSERVATION
The Secretary may use funds made available amended by striking ‘‘Not later than 1 year
GRANT PROGRAM.—
pursuant to subsection (g) to enter into coopera- after the date of enactment of this Act’’ and in- (1) IN GENERAL.—The Administrator shall es-
tive funding agreements with, or provide grants serting ‘‘Not later than August 31, 2022’’. tablish a program to award grants to eligible en-
to, coordinating entities for the purposes of— SEC. 116. WATER EFFICIENCY, CONSERVATION, tities that have established water efficiency in-
(1) participating in developing, or providing AND SUSTAINABILITY.
centive programs to carry out those water effi-
information to inform the development of, the (a) DEFINITIONS.—In this section: ciency incentive programs (referred to in this
work and implementation plan; (1) ADMINISTRATOR.—The term ‘‘Adminis- subsection as the ‘‘grant program’’).
(2) carrying out assessments and monitoring trator’’ means the Administrator of the Environ- (2) DISTRIBUTION.—In carrying out the grant
of water quality, quantity, use, and demand mental Protection Agency. program, the Administrator shall award not less
under the Program; and (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- than 50 percent of the amounts made available
(3) carrying out ecological, biological, and ty’’ means any of the following: to carry out this subsection in each fiscal year
avian assessments and monitoring under the (A) A State, local, or Tribal government, or to eligible entities that service an area that—
Program. any special-purpose unit of such a government (A) has been designated as D2 (severe
(f) EFFECT.—The work and implementation (including a municipal water authority). drought) or greater according to the United
plan shall not affect— (B) A public water system. States Drought Monitor for a minimum of 4
(1) any interstate water compacts in existence (C) A nonprofit organization. weeks during any of the 3 years preceding the
on the date of the enactment of this Act, includ- (3) ENERGY STAR PROGRAM.—The term ‘‘En- date of the grant award; or
ing full development of any apportionment made ergy Star program’’ means the Energy Star pro- (B) is within a county for which a drought
in accordance with those compacts; gram established by section 324A of the Energy emergency has been declared by the applicable
(2) valid and existing water rights in any Policy and Conservation Act (42 U.S.C. 6294a). Governor at any time during the 3-year period
State located wholly or partially within the (4) LOW-INCOME HOUSEHOLD.—The term ‘‘low- preceding the date of the grant award.
Great Basin; income household’’ means a household that (3) GRANT AMOUNT.—
(3) water rights held by the United States in meets the income qualifications established (A) IN GENERAL.—Subject to subparagraph
the Great Basin; or under— (B), a grant awarded under the grant program
(4) the management and operation of Bear (A) section 2605(b)(2) of the Low-Income Home shall be in an amount that is not less than
Lake or Stewart Dam, including the storage, Energy Assistance Act of 1981 (42 U.S.C. $250,000.
management, and release of water. 8624(b)(2)); or (B) SMALL PUBLIC WATER SYSTEMS.—The Ad-
(g) AUTHORIZATION OF APPROPRIATIONS.— (B) the Low-Income Household Drinking ministrator may award a grant in an amount
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There is authorized to be appropriated to the Water and Wastewater Emergency Assistance that is less than $250,000 if the grant is awarded
Secretary $5,000,000 for each of fiscal years 2023 Program authorized by section 533 of division H to, or for the benefit of, a public water system
through 2027 to carry out the Program. of the Consolidated Appropriations Act, 2021 that serves fewer than 10,000 customers.
(h) PRIORITY.—In carrying out the Program, (Public Law 116–260; 134 Stat. 1627). (4) USE OF FUNDS.—An eligible entity receiving
the Secretary shall give priority to the following (5) PUBLIC WATER SYSTEM.—The term ‘‘public a grant under the grant program shall—
saline lake ecosystems: water system’’ has the meaning given the term (A) use grant funds to carry out a water effi-
(1) Lake Abert in Oregon. in section 1401 of the Safe Drinking Water Act ciency incentive program for customers of a pub-
(2) Great Salt Lake in Utah. (42 U.S.C. 300f). lic water system; or
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7443
(B) provide grant funds to another eligible en- amount of water savings achieved pursuant to (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
tity to carry out a water efficiency incentive this subsection; and has the meaning given the term in section 4 of
program described in subparagraph (A). (B) publish on the website of the Adminis- the Indian Self-Determination and Education
(5) MINIMUM REQUIREMENT.—An eligible enti- trator the information compiled under subpara- Assistance Act (25 U.S.C. 5304).
ty receiving a grant under the grant program graph (A). Subtitle A—Assistance for Projects With
shall use not less than 40 percent of the amount (4) AUTHORIZATION OF APPROPRIATIONS.— Fastest Construction Timelines
of the grant to provide water-efficient upgrades (A) IN GENERAL.—There is authorized to be
appropriated to carry out this subsection SEC. 211.
WATER RECYCLING AND REUSE
to low-income households. PROJECTS.
(6) COST SHARE.— $40,000,000 for each of fiscal years 2023 through
(A) IN GENERAL.—Subject to subparagraph 2028, of which— (a) SHORT TITLE.—This section may be cited
(B), the Federal share of the cost of carrying (i) $20,000,000 each fiscal year is authorized to as the ‘‘Water Recycling Investment and Im-
out a water efficiency incentive program using a be appropriated to carry out paragraph (1)(A); provement Act’’.
grant awarded under the grant program shall and (b) FUNDING PRIORITY.—Section 1602(f) of the
not exceed 80 percent. (ii) $20,000,000 each fiscal year is authorized Reclamation Wastewater and Groundwater
(B) WAIVER.—The Administrator may increase to be appropriated to carry out paragraph Study and Facilities Act (title XVI of Public
the Federal share under subparagraph (A) to (1)(B). Law 102–575; 43 U.S.C. 390h et seq.) is amended
100 percent if the Administrator determines that (B) ADMINISTRATIVE COSTS.—Of the amounts by striking paragraphs (2) and (3) and inserting
an eligible entity is unable to pay, or would ex- authorized to be appropriated under subpara- the following:
perience significant financial hardship if re- graph (A) for grants under the program each ‘‘(2) PRIORITY.—When funding projects under
quired to pay, the non-Federal share. fiscal year, not more than 4 percent is author- paragraph (1), the Secretary shall give funding
(7) SUPPLEMENT, NOT SUPPLANT.—Amounts ized to be appropriated for the administrative priority to projects that meet one or more of the
provided under a grant under the grant program costs of making such grants. following criteria:
shall be used to supplement, and not supplant, SEC. 117. SHORING UP ELECTRICITY GENERA- ‘‘(A) Projects that are likely to provide a more
other Federal, State, local, or Tribal funds made TION AND REDUCING EVAPORATION reliable water supply for States and local gov-
AT BUREAU OF RECLAMATION FA- ernments.
available to carry out water efficiency incentive
CILITIES. ‘‘(B) Projects that are likely to increase the
programs.
(a) ASSESSMENT.— water management flexibility and reduce im-
(8) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—The Secretary of the Interior pacts on environmental resources from projects
(A) IN GENERAL.—There is authorized to be
shall conduct, in consultation with the Sec- operated by Federal and State agencies.
appropriated to carry out this subsection
retary of Energy, an assessment of opportunities ‘‘(C) Projects that are regional in nature.
$50,000,000 for each of fiscal years 2023 through
to install and maintain photovoltaic solar pan- ‘‘(D) Projects with multiple stakeholders.
2028.
(B) ADMINISTRATIVE COSTS.—Of the amounts els (including floating solar panels) at Bureau ‘‘(E) Projects that provide multiple benefits,
authorized to be appropriated under subpara- of Reclamation facilities. including water supply reliability, eco-system
(2) CONTENTS.—The assessment conducted benefits, groundwater management and en-
graph (A) each fiscal year, not more than 4 per-
under paragraph (1) shall— hancements, and water quality improvements.’’.
cent is authorized to pay the administrative (A) include a description of the economic, en-
costs of the Administrator. (c) LIMITATION ON FUNDING.—Section 1631(d)
vironmental, and technical feasibility of install-
(c) SUSTAINABLE WATER LOSS CONTROL PRO- of the Reclamation Wastewater and Ground-
ing and maintaining, or contracting with third
GRAM.— water Study and Facilities Act (43 U.S.C. 390h–
parties to install and maintain, photovoltaic
(1) TECHNICAL ASSISTANCE AND GRANT PRO- 13(d)) is amended by striking ‘‘$20,000,000 (Octo-
solar panels at Bureau of Reclamation facilities;
GRAM.—The Administrator shall establish and ber 1996 prices)’’ and inserting ‘‘$50,000,000 (July
(B) identify Bureau of Reclamation facilities
carry out a program (referred to in this sub- 2022 prices)’’.
with a high potential for the installation and
section as the ‘‘program’’)— (d) AUTHORIZATION OF APPROPRIATIONS.—In
maintenance of photovoltaic solar panels and
(A) to make grants and provide technical as- addition to amounts otherwise available, there
whether such installation and maintenance
sistance to eligible entities to perform annual is authorized to be appropriated $600,000,000 to
would require additional authorization;
audits of public water systems that are— (C) account for potential impacts of photo- remain available until expended for water recy-
(i) conducted in accordance with the proce- cling and reuse projects authorized in accord-
voltaic solar panels at Bureau of Reclamation
dures contained in the manual published by the ance with the Reclamation Wastewater and
facilities and the authorized purposes of such
American Water Works Association entitled Groundwater Study and Facilities Act (43
facilities, including potential impacts related to
‘‘M36 Water Audits and Loss Control Programs, U.S.C. 390h et seq.) that are—
evaporation suppression, energy yield, dam
Fourth Edition’’ (or any successor manual de- (1) authorized or approved for construction
safety, recreation, water quality, and fish and
termined appropriate by the Administrator); and funding by an Act of Congress; or
(ii) validated under such criteria as may be wildlife;
(D) account for potential damage to floating (2) selected for funding under the competitive
specified by the Administrator; and grant program authorized under section 1602(f)
photovoltaic solar panels from weather, water
(B) to make grants and provide technical as- of the Reclamation Wastewater and Ground-
level fluctuations, recreational co-use and other
sistance to eligible entities— water Study and Facilities Act (43 U.S.C.
(i) to implement controls to address real water project uses; and
(E) account for the availability of electric grid 390h(f)), with funding under this section to be
losses, apparent water losses, or a combination provided in accordance with that section, not-
infrastructure, including underutilized trans-
of real and apparent water losses that are iden- withstanding section 4013 of the Water Infra-
mission infrastructure.
tified in an audit conducted and validated in (b) REPORT TO CONGRESS.—Not later than 1 structure Improvements for the Nation Act (43
accordance with the procedures and criteria de- year after the date of enactment of this Act, the U.S.C. 390b note; Public Law 114–322), except
scribed in subparagraph (A); and Secretary shall submit to Congress, and make that section 1602(g)(2) of the Reclamation
(ii) to help public water systems that have
publicly available (including on a publicly Wastewater and Groundwater Study and Facili-
conducted and validated such an audit establish
available website), a report containing the re- ties Act (43 U.S.C. 390h(g)(2)) shall not apply to
water loss control programs.
sults of the assessment conducted under sub- amounts made available under this section.
(2) CRITERIA.—In selecting eligible entities to
receive grants and technical assistance under section (a). SEC. 212.
DESALINATION PROJECT DEVELOP-
TITLE II—FUTURE WESTERN WATER AND MENT.
the program, the Administrator shall consider—
(A) whether the public water system that DROUGHT RESILIENCY (a) SHORT TITLE.—This section may be cited
would be served by the grants or technical as- SEC. 201. SHORT TITLE. as the ‘‘Desalination Development Act’’.
sistance serves a disadvantaged community (as This title may be cited as the ‘‘Furthering Un- (b) DESALINATION PROJECTS AUTHORIZA-
defined in section 1452(d)(3) of the Safe Drink- derutilized Technologies and Unleashing Re- TION.—Section 4(a) of the Water Desalination
ing Water Act (42 U.S.C. 300j–12(d)(3))); and sponsible Expenditures for Western Water and Act of 1996 (42 U.S.C. 10301 note; Public Law
(B) the ability of the public water system that Drought Resiliency Act’’ or the ‘‘FUTURE 104–298) is amended by striking paragraph (2)
would be served by the grants or technical as- Western Water and Drought Resiliency Act’’. and inserting the following:
sistance, on completion of an audit conducted SEC. 202. DEFINITIONS. ‘‘(2) PROJECTS.—
and validated in accordance with the proce- In this title: ‘‘(A) DEFINITION OF ELIGIBLE DESALINATION
dures and criteria described in paragraph (1) RELEVANT COMMITTEES OF CONGRESS.—The PROJECT.—In this paragraph, the term ‘eligible
(1)(A)— term ‘‘relevant committees of Congress’’ means— desalination project’ means any project located
(i) to successfully sustain a water loss control (A) the Committee on Natural Resources of the in a Reclamation State that—
program; and House of Representatives; and ‘‘(i) involves an ocean or brackish water de-
(ii) to demonstrate that the water loss control (B) the Committee on Energy and Natural Re- salination facility—
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program will reduce real water losses, apparent sources of the Senate. ‘‘(I) constructed, operated, and maintained by
water losses, or a combination of real and ap- (2) RECLAMATION STATE.—The term ‘‘Reclama- a State, Indian Tribe, irrigation district, water
parent water losses from the public water sys- tion State’’ means a State or territory described district, or other organization with water or
tem. in the first section of the Act of June 17, 1902 (32 power delivery authority; or
(3) ANNUAL WATER SAVINGS.—The Adminis- Stat. 388, chapter 1093; 43 U.S.C. 391). ‘‘(II) sponsored or funded by any State, de-
trator shall— (3) SECRETARY.—The term ‘‘Secretary’’ means partment of a State, subdivision of a State, or
(A) annually compile, by Environmental Pro- the Secretary of the Interior, unless otherwise public agency organized pursuant to State law,
tection Agency region, information on the defined in a particular provision. including—
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H7444 CONGRESSIONAL RECORD — HOUSE July 29, 2022
‘‘(aa) direct sponsorship or funding; or out this paragraph $260,000,000 for the period of (d) RECOMMENDATIONS TO CONGRESS.—In de-
‘‘(bb) indirect sponsorship or funding, such as fiscal years 2023 through 2027. termining project recommendations to Congress
by paying for the water provided by the facility; ‘‘(ii) CONGRESSIONAL APPROVAL INITIALLY RE- under section 4(a)(2)(G)(ii)(II) of the Water De-
‘‘(ii) provides a Federal benefit in accordance QUIRED.— salination Act of 1996, the Commissioner of Rec-
with the reclamation laws; and ‘‘(I) IN GENERAL.—Each initial award under lamation shall establish a priority scoring sys-
‘‘(iii) is consistent with all applicable State this paragraph for design and study or for con- tem that assigns priority scores to each project
and Federal resource protection laws, including struction of an eligible desalination project shall evaluated based on the prioritization criteria of
the protection of marine protected areas. be approved by an Act of Congress. section 4(c) of the Water Desalination Act of
‘‘(B) DEFINITION OF DESIGNATED DESALINATION ‘‘(II) RECLAMATION RECOMMENDATIONS.—The 1996 (42 U.S.C. 10301 note; Public Law 104–298).
PROJECT.—The term ‘designated desalination Commissioner of Reclamation shall submit rec- SEC. 213.
ASSISTANCE FOR DISADVANTAGED
project’ means an eligible desalination project ommendations regarding the initial award of COMMUNITIES WITHOUT ADEQUATE
that— preconstruction and construction funding for DRINKING WATER.
‘‘(i) is an ocean desalination project that uses consideration under subclause (I) to— (a) IN GENERAL.—The Secretary shall provide
a subsurface intake; ‘‘(aa) the Committee on Appropriations of the grants within the Reclamation States to assist
‘‘(ii) has a total estimated cost of $80,000,000 Senate; eligible applicants in planning, designing, or
or less; and ‘‘(bb) the Committee on Energy and Natural carrying out projects to help disadvantaged
‘‘(iii) is designed to serve a community or Resources of the Senate; communities address a significant decline in the
group of communities that collectively import ‘‘(cc) the Committee on Appropriations of the quantity or quality of drinking water.
more than 75 percent of their water supplies. House of Representatives; and (b) ELIGIBLE APPLICANTS.—To be eligible to
‘‘(C) COST-SHARING REQUIREMENT.— ‘‘(dd) the Committee on Natural Resources of receive a grant under this section, an applicant
‘‘(i) IN GENERAL.—Subject to the requirements the House of Representatives. shall submit an application to the Secretary
of this paragraph, the Federal share of an eligi- ‘‘(iii) SUBSEQUENT FUNDING AWARDS.—After that includes a proposal of the project or activ-
ble desalination project carried out under this approval by Congress of an initial award of ity in subsection (c) to be planned, designed,
subsection shall be— preconstruction or construction funding for an constructed, or implemented, the service area of
‘‘(I) not more than 25 percent of the total cost eligible desalination project under clause (ii), which—
of the eligible desalination project; or the Commissioner of Reclamation may award (1) is not located in a city or town with a pop-
‘‘(II) in the case of a designated desalination additional preconstruction or construction fund- ulation of more than 60,000 residents; and
project, the applicable percentage determined in ing, respectively, for the eligible desalination (2) has a median household income of less
accordance with clause (ii). project without further congressional ap- than 100 percent of the nonmetropolitan median
‘‘(ii) COST-SHARING REQUIREMENT FOR CON- proval.’’. household income of the State.
STRUCTION COSTS.—In the case of a designated (c) PRIORITIZATION FOR PROJECTS.—Section 4 (c) ELIGIBLE PROJECTS.—Projects eligible for
desalination project carried out under this sub- of the Water Desalination Act of 1996 (42 U.S.C. grants under this program may be used for—
section, the Federal share of the cost of con- 10301 note; Public Law 104–298) is amended by (1) emergency water supplies;
struction of the designated desalination project (2) distributed treatment facilities;
striking subsection (c) and inserting the fol-
(3) construction of new wells and connections
shall not exceed the greater of— lowing:
‘‘(I) 35 percent of the total cost of construc- to existing water source systems;
‘‘(c) PRIORITIZATION.—In carrying out dem- (4) water distribution facilities;
tion, up to a Federal cost of $20,000,000; or onstration and development activities under this (5) connection fees to existing systems;
‘‘(II) 25 percent of the total cost of construc- section, the Secretary and the Commissioner of (6) assistance to households to connect to
tion. Reclamation shall each prioritize projects— water facilities;
‘‘(D) STATE ROLE.—The Secretary shall not ‘‘(1) for the benefit of drought-stricken States (7) local resource sharing, including voluntary
participate in an eligible desalination project and communities; agreements between water systems to jointly
under this paragraph unless— ‘‘(2) for the benefit of States that have author- contract for services or equipment, or to study or
‘‘(i)(I) the eligible desalination project is in- ized funding for research and development of implement the physical consolidation of two or
cluded in a State-approved plan; or desalination technologies and projects; more water systems;
‘‘(II) the participation has been requested by ‘‘(3) that demonstrably reduce a reliance on (8) technical assistance, planning, and design
the Governor of the State in which the eligible imported water supplies that have an impact on for any of the activities described in paragraphs
desalination project is located; and species listed under the Endangered Species Act (1) through (7); or
‘‘(ii) the State or local sponsor of the eligible of 1973 (16 U.S.C. 1531 et seq.); (9) any combination of activities described in
desalination project determines, and the Sec- ‘‘(4) that, in a measurable and verifiable man- paragraphs (1) through (8).
retary concurs, that— ner, reduce a reliance on imported water sup- (d) PRIORITIZATION.—In determining priorities
‘‘(I) the eligible desalination project— plies from imperiled ecosystems such as the Sac- for funding projects, the Secretary shall take
‘‘(aa) is technically and financially feasible; ramento-San Joaquin River Delta; into consideration—
‘‘(bb) provides a Federal benefit in accordance ‘‘(5) that demonstrably leverage the experience (1) where the decline in the quantity or qual-
with the reclamation laws; and of international partners with considerable ex- ity of water poses the greatest threat to public
‘‘(cc) is consistent with applicable State laws, pertise in desalination, such as the State of health and safety;
State regulations, State coastal zone manage- Israel; (2) the degree to which the project provides a
ment plans, and other State plans such as Cali- ‘‘(6) that maximize use of renewable energy to long-term solution to the water needs of the
fornia’s Water Quality Control Plan for the power desalination facilities; community; and
Ocean Waters in California; ‘‘(7) that maximize energy efficiency so that (3) whether the applicant has the ability to
‘‘(II) sufficient non-Federal funding is avail- the lifecycle energy demands of desalination are qualify for alternative funding sources.
able to complete the eligible desalination project; minimized; (e) MAXIMUM AMOUNT.—The amount of a
and ‘‘(8) located in regions that have employed grant provided under this section may be up to
‘‘(III) the eligible desalination project spon- strategies to increase water conservation and 100 percent of costs, including—
sors are financially solvent; and the capture and recycling of wastewater and (1) initial operation costs incurred for startup
‘‘(iii) the Secretary submits to Congress a writ- stormwater; and and testing of project facilities;
ten notification of the determinations under ‘‘(9) that meet the following criteria, if they (2) costs of components to ensure such facili-
clause (ii) by not later than 30 days after the are ocean desalination facilities— ties and components are properly operational;
date of the determinations. ‘‘(A) use a subsurface intake or, if a sub- and
‘‘(E) ENVIRONMENTAL LAWS.—In participating surface intake is not technologically feasible, an (3) costs of operation or maintenance incurred
in an eligible desalination project under this intake that uses the best available site, design, subsequent to placing the facilities or compo-
paragraph, the Secretary shall comply with all technology, and mitigation measures to mini- nents into service.
applicable environmental laws, including the (f) AUTHORIZATION OF APPROPRIATIONS.—
mize the mortality of all forms of marine life and
National Environmental Policy Act of 1969 (42 There is authorized to be appropriated to carry
impacts to coastal dependent resources;
U.S.C. 4321 et seq.) and State laws implementing ‘‘(B) are sited and designed to ensure that the out this section $100,000,000, to remain available
the Coastal Zone Management Act. disposal of wastewaters including brine from the until expended.
‘‘(F) INFORMATION.—In participating in an el- (g) COORDINATION REQUIRED.—In carrying
desalination process—
igible desalination project under this subsection, out this section, the Secretary shall consult with
‘‘(i) are not discharged to impaired bodies of
the Secretary— the Secretary of Agriculture and the Adminis-
water or State or Federal Marine Protected
‘‘(i) may rely on reports prepared by the spon- trator of the Environmental Protection Agency
Areas; and
sor of the eligible desalination project, including ‘‘(ii) achieve ambient salinity levels within a to identify opportunities to improve the effi-
feasibility or equivalent studies, environmental reasonable distance from the discharge point; ciency, effectiveness, and impact of activities
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analyses, and other pertinent reports and anal- ‘‘(C) are sited, designed, and operated in a carried out under this section to help disadvan-
yses; but manner that maintains indigenous marine life taged communities address a significant decline
‘‘(ii) shall retain responsibility for making the and a healthy and diverse marine community; in the quantity or quality of drinking water.
independent determinations described in sub- ‘‘(D) do not cause significant unmitigated Subtitle B—Improved Water Technology and
paragraph (D). harm to aquatic life; and Data
‘‘(G) FUNDING.— ‘‘(E) include a construction and operation SEC. 221. X-PRIZE FOR WATER TECHNOLOGY
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— plan designed to minimize loss of coastal habitat BREAKTHROUGHS.
There is authorized to be appropriated to carry and aesthetic, noise, and air quality impacts.’’. (a) DEFINITIONS.—In this section:
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7445
(1) BOARD.—The term ‘‘board’’ means the which the board has a contract under para- $400,000,000 to remain available until expended
board established under subsection (c). graph (1) may solicit gifts from private and pub- for design, study, and construction of aquatic
(2) ELIGIBLE PERSON.—The term ‘‘eligible per- lic entities to be used for a financial award com- ecosystem restoration and protection projects in
son’’ means— petition. accordance with section 1109 of division FF of
(A) an individual who is— (3) LIMITATION ON PARTICIPATION OF DO- the Consolidated Appropriations Act, 2021 (Pub-
(i) a citizen or legal resident of the United NORS.—The board may allow a donor who is a lic Law 116–260).
States; or private person described in paragraph (2) to SEC. 232. WATERSHED HEALTH PROGRAM.
(ii) a member of a group that includes citizens participate in the determination of criteria for In addition to amounts otherwise available,
or legal residents of the United States; an award under subsection (d), but such donor there is authorized to be appropriated
(B) an entity that is incorporated and main- may not solely determine the criteria for such $200,000,000 to carry out section 40907 of the In-
tains its primary place of business in the United award. frastructure Investment and Jobs Act (43 U.S.C.
States; or (4) NO ADVANTAGE FOR DONATION.—A donor
3207), to remain available until expended.
(C) a public water agency. who is a private person described in paragraph
(3) shall not be entitled to any special consider- SEC. 233. WATERBIRD HABITAT CREATION PRO-
(3) FINANCIAL AWARD COMPETITION.—The term GRAM.
‘‘financial award competition’’ means the ation or advantage with respect to participation
in a financial award competition. (a) AUTHORIZATION OF HABITAT CREATION
award competition under subsection (d)(1).
(f) INTELLECTUAL PROPERTY.—The Federal PROGRAM.—The Secretary shall establish a pro-
(4) PROGRAM.—The term ‘‘program’’ means
Government may not acquire an intellectual gram to incentivize farmers to keep fields flood-
the program established under subsection (b)
property right in any product or idea by virtue ed during appropriate time periods for the pur-
(b) WATER TECHNOLOGY AWARD PROGRAM ES-
of the submission of such product or idea in the poses of waterbird habitat creation and mainte-
TABLISHED.—The Secretary, working through
financial award competition. nance, including waterfowl and shorebird habi-
the Bureau of Reclamation, and in coordination
(g) LIABILITY.—The board may require a com- tat creation and maintenance, provided that—
with the Secretary of Energy, shall establish a
petitor in a financial award competition to (1) such incentives may not exceed $3,500,000
program to award prizes to eligible persons for
waive liability against the Federal Government annually, either directly or through credits
achievement in one or more of the following ap-
for injuries and damages that result from par- against other contractual payment obligations;
plications of water technology:
ticipation in such competition. (2) the holder of a water contract receiving
(1) Demonstration of wastewater and indus-
(h) ANNUAL REPORT.—Each year, the board payments under this section pass such payments
trial process water purification for reuse or de-
shall submit to the relevant committees of Con- through to farmers participating in the program,
salination of brackish water or seawater with
gress a report on the program. less reasonable contractor costs, if any; and
significantly less energy than current munici- (i) AUTHORIZATION OF APPROPRIATIONS.— (3) the Secretary determines that habitat cre-
pally and commercially adopted technologies. There are authorized to be appropriated sums ation activities receiving financial support
(2) Demonstration of portable or modular de- for the program as follows: under this section will create new habitat that
salination units that can process 1 to 5,000,000 (1) For administration of the awards under is not likely to be created without the financial
gallons per day that could be deployed for tem- subsection (d), $750,000 for each fiscal year incentives provided under this section.
porary emergency uses in coastal communities through fiscal year 2027, to remain available (b) AUTHORIZATION OF APPROPRIATIONS.—
or communities with brackish groundwater sup- until expended. There is authorized to be appropriated to the
plies. (2) For the financial prize award under sub- Secretary $3,500,000 for each fiscal year through
(3) Demonstration of significant advantages section (d)(1), in addition to any amounts re- fiscal year 2027 to carry out this section, to re-
over current municipally and commercially ceived under subsection (e)(2), $5,000,000 for main available until expended.
adopted reverse osmosis technologies as deter- each fiscal year through fiscal year 2027, to re- (c) REPORT.—Not later than October 1, 2023,
mined by the board established under subsection main available until expended. and every 2 years thereafter, the Secretary shall
(c). SEC. 222. WATER TECHNOLOGY INVESTMENT
(4) Demonstration of significant improvements submit to Congress a report summarizing the en-
PROGRAM ESTABLISHED.
in the recovery of residual or waste energy from vironmental performance of activities that are
(a) IN GENERAL.—The Secretary, acting
the desalination process. receiving, or have received, assistance under the
through the Bureau of Reclamation, shall estab-
(5) Reducing open water evaporation. program authorized by this section.
lish a program, pursuant to the Reclamation
(c) ESTABLISHMENT OF BOARD.— Wastewater and Groundwater Study and Facili- SEC. 234. SUPPORT FOR REFUGE WATER DELIV-
(1) IN GENERAL.—The Secretary shall establish ERIES.
ties Act (Public Law 102–575, title XVI), the
a board to administer the program. Water Desalination Act of 1996 (Public Law 104– (a) REPORT ON HISTORIC REFUGE WATER DE-
(2) MEMBERSHIP.—The board shall be com- 298), and other applicable laws, to promote the LIVERIES.—Not later than 90 days after the date
posed of not less than 15 and not more than 21 expanded use of technology for improving avail- of the enactment of this Act, the Secretary shall
members appointed by the Secretary, of whom ability and resiliency of water supplies and submit to the relevant committees of Congress
not less than 2 shall— power deliveries, which shall include invest- and make publicly available a report that de-
(A) be a representative of the interests of pub- ments to enable expanded and accelerated— scribes the following:
lic water districts or other public organizations (1) deployment of desalination technology; (1) Compliance with section 3406(d)(1) and
with water delivery authority; and section 3406(d)(2) of the Central Valley Project
(B) be a representative of the interests of aca- (2) use of recycled water. Improvement Act (title XXXIV of Public Law
demic organizations with expertise in the field (b) AUTHORIZATION OF APPROPRIATIONS.— 102–575) in each of years 1992 through 2018, in-
of water technology, including desalination or There are authorized to be appropriated cluding an indication of the amount of water
water reuse; $5,000,000 for each fiscal year through fiscal identified as the Level 2 amount and incre-
(C) be representative of a non-profit conserva- year 2027 for the Secretary to carry out the pur- mental Level 4 amount for each wetland area.
tion organization; poses and provisions of this section. (2) The difference between the mandated
(D) have expertise in administering award SEC. 223. FEDERAL PRIORITY STREAMGAGES. quantity of water to be delivered to each wet-
competitions; and (a) FEDERAL PRIORITY STREAMGAGES.—The land habitat area described in section 3406(d)(2)
(E) be a representative of the Bureau of Rec- Secretary shall make every reasonable effort to and the actual quantity of water delivered since
lamation of the Department of the Interior with make operational all streamgages identified as October 30, 1992, including a listing of every
expertise in the deployment of desalination or Federal Priority Streamgages by the United year in which the full delivery of water to wet-
water reuse. States Geological Survey not later than 10 years land habitat areas was achieved in accordance
(d) AWARDS.—Subject to the availability of after the date of the enactment of this Act. with Level 4 of the ‘‘Dependable Water Supply
appropriations, the board may make the fol- (b) COLLABORATION WITH STATES.—The Sec- Needs’’ table, described in section 3406(d)(2) of
lowing awards: retary shall, to the maximum extent practicable, the Central Valley Project Improvement Act
(1) FINANCIAL PRIZE.—A financial award seek to leverage Federal investments in Federal (title XXXIV of Public Law 102–575).
given through a competition in an amount de- Priority Streamgages through collaborative (3) Which of the authorities granted to the
termined before the commencement of the com- partnerships with States and local agencies that Secretary under Public Law 102–575 to achieve
petition to the first competitor to meet such cri- invest non-Federal funds to maintain and en- the full Level 4 deliveries of water to wetland
teria as the board shall establish. hance streamgage networks to improve both en- habitat areas was employed in achieving the in-
(2) RECOGNITION PRIZE.—A non-monetary vironmental quality and water supply reli- crement of water delivery above the Level 2
award, through which the board recognizes an ability. amount for each wetland habitat area, includ-
eligible person for superlative achievement in 1 (c) AUTHORIZATION OF APPROPRIATIONS.—In ing whether water conservation, conjunctive
or more applications described in subsection (a). addition to amounts otherwise available, there use, water purchases, water leases, donations,
An award under this paragraph shall not in- is authorized to be appropriated $150,000,000 to water banking, or other authorized activities
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clude any financial remuneration. the Secretary to carry out this section, to remain have been used and the extent to which such
(e) ADMINISTRATION.— available until expended. authorities have been used.
(1) CONTRACTING.—The board may contract Subtitle C—Drought Response and (4) An assessment of the degree to which the
with a private organization to administer a fi- Preparedness for Ecosystems elimination of water transaction fees for the do-
nancial award competition described in sub- SEC. 231. AQUATIC ECOSYSTEM RESTORATION nation of water rights to wildlife refuges would
section (d)(1). PROGRAM. help advance the goals of the Central Valley
(2) SOLICITATION OF FUNDS.—A member of the In addition to amounts otherwise available, Project Improvement Act (title XXXIV of Public
board or any administering organization with there is authorized to be appropriated Law 102–575).
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H7446 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(b) PRIORITY CONSTRUCTION LIST.—The Sec- consultation with the National Marine Fisheries SEC. 238. WATER RESOURCE EDUCATION.
retary shall establish, through a public process Service, the Bureau of Reclamation, the Army (a) GENERAL AUTHORITY.—In accordance with
and in consultation with the Interagency Ref- Corps of Engineers, State fish and wildlife agen- this section, the Secretary may enter into a co-
uge Water Management Team, a priority list for cies, and affected Indian Tribes, prepare a plan operative agreement or contract or provide fi-
the completion of the conveyance construction to sustain the survival of critically important nancial assistance in the form of a grant, to
projects at the wildlife habitat areas described fisheries within the Reclamation States during support activities related to education on water
in section 3406(d)(2) of the Central Valley periods of extended drought. The plan shall resources.
Project Improvement Act (title XXXIV of Public focus on actions that can aid the survival of (b) ELIGIBLE ACTIVITIES.—The Secretary may
Law 102–575), including the Mendota Wildlife critically important fisheries during the driest enter into a cooperative agreement or contract
Area, Pixley National Wildlife Refuge and Sut- years. In preparing such plan, the Director shall or provide financial assistance for activities that
ter National Wildlife Refuge. consider— improve water resources education, including
(c) ECOLOGICAL MONITORING AND EVALUATION (1) habitat restoration efforts designed to pro- through tours, publications or other activities
PROGRAM.—Not later than 1 year after the date vide drought refugia and increased fisheries re- that—
of the enactment of this Act, the Secretary, act- silience during droughts; (1) disseminate information on water resources
ing through the Director of the United States (2) relocating the release location and timing via educational tools, materials or programs;
of hatchery fish to avoid predation and tem- (2) publish relevant information on water re-
Fish and Wildlife Service, shall design and im-
perature impacts; source issues, including environmental and eco-
plement an ecological monitoring and evalua-
(3) barging of hatchery release fish to improve logical conditions;
tion program, for all Central Valley wildlife ref- (3) advance projects that improve public un-
uges, that produces an annual report based on survival and reduce straying;
(4) coordination with water users, the Bureau derstanding of water resource issues or manage-
existing and newly collected information, in- ment challenges, including education on
cluding— of Reclamation, State fish and wildlife agencies,
and interested public water agencies regarding drought, drought awareness, and drought resil-
(1) the United States Fish and Wildlife Service iency;
Animal Health Lab disease reports; voluntary water transfers, including through
groundwater substitution activities, to determine (4) provide training or related education for
(2) mid-winter waterfowl inventories; teachers, faculty, or related personnel, includ-
(3) nesting and brood surveys; if water releases can be collaboratively managed
ing in a specific geographic area or region; or
(4) additional data collected regularly by the in a way that provides additional benefits for
(5) enable tours, conferences, or other activi-
refuges, such as herptile distribution and abun- critically important fisheries without negatively
ties to foster cooperation in addressing water re-
dance; impacting wildlife habitat; sources or management challenges, including
(5) a new coordinated systemwide monitoring (5) hatchery management modifications, such
cooperation relating to water resources shared
effort for at least one key migrant species and as expanding hatchery production of fish dur-
by the United States and Canada or Mexico.
two resident species listed as threatened and en- ing the driest years, if appropriate for a par- (c) GRANT PRIORITY.—In making grants under
dangered pursuant to the Endangered Species ticular river basin; this section, the Secretary shall give priority to
Act of 1973 (16 U.S.C. 1531 et seq.) (including (6) hatchery retrofit projects, such as the in-
activities that—
one warm-blooded and one cold-blooded), that stallation and operation of filtration equipment (1) provide training for the professional devel-
identifies population numbers and survival rates and chillers, to reduce disease outbreaks, egg opment of legal and technical experts in the
for the 3 previous years; and mortality and other impacts of droughts and field of water resources management; or
(6) an estimate of the bioenergetic food pro- high water temperatures; (2) help educate the public, teachers or key
duction benefits to migrant waterfowl, con- (7) increasing rescue operations of upstream stakeholders on—
sistent with the methodology used by the Cen- migrating fish; (A) a new or significantly improved water re-
(8) improving temperature modeling and re- source management practice, method, or tech-
tral Valley Joint Venture, to compliment and in-
lated forecasted information to predict water nique;
form the Central Valley Joint Venture imple-
management impacts to the habitat of critically (B) the existence of a water resource manage-
mentation plan.
important fisheries with a higher degree of ac- ment practice, method, or technique that may
(d) ADEQUATE STAFFING FOR REFUGE WATER
curacy than current models; have wide application;
DELIVERY OBJECTIVES.—The Secretary shall en- (9) testing the potential for parentage-based
sure that adequate staffing is provided to ad- (C) a water resource management practice,
tagging and other genetic testing technologies to method, or technique related to a scientific field
vance the refuge water supply delivery objec- improve the management of hatcheries;
tives under the Central Valley Project Improve- or skill identified as a priority by the Secretary;
(10) programs to reduce predation losses at ar- or
ment Act (title XXXIV of Public Law 102–575). tificially created predation hot spots; and (D) general water resource issues or manage-
(e) FUNDING.—There is authorized to be ap- (11) retrofitting existing water facilities to pro- ment challenges, including as part of a science
propriated $25,000,000 to carry out subsections vide improved temperature conditions for fish. curricula in elementary or secondary education
(a) through (d), which shall remain available (c) PUBLIC COMMENT.—The Director of the setting.
until expended. United States Fish and Wildlife Service shall
(f) EFFECT ON OTHER FUNDS.—Amounts au- TITLE III—OPEN ACCESS
provide for a public comment period of not less
thorized under this section shall be in addition EVAPOTRANSPIRATION DATA
than 90 days before finalizing a plan under sub-
to amounts collected or appropriated under the SEC. 301. SHORT TITLE.
section (b).
Central Valley Project Improvement Act (title (d) AUTHORIZATION OF APPROPRIATIONS FOR This title may be cited as the ‘‘Open Access
XXXIV of Public Law 102–575). FISH RECOVERY EFFORTS.—There is authorized Evapotranspiration Data Act’’.
SEC. 235. DROUGHT PLANNING AND PREPARED- to be appropriated $25,000,000 for the United SEC. 302. DEFINITIONS.
NESS FOR CRITICALLY IMPORTANT States Fish and Wildlife Service for fiscal year In this title:
FISHERIES. 2023 for fish, stream, and hatchery activities re- (1) EVAPOTRANSPIRATION.—The term
(a) DEFINITIONS.—In this section: lated to fish recovery efforts, including work ‘‘evapotranspiration’’ or ‘‘ET’’ means the proc-
(1) CRITICALLY IMPORTANT FISHERIES.—The with the National Marine Fisheries Service, the ess by which water is transferred from the land
term ‘‘critically important fisheries’’ means— Bureau of Reclamation, the Army Corps of En- to the atmosphere by—
(A) commercially and recreationally important (A) evaporation from soil and other surfaces;
gineers, State fish and wildlife agencies, or a
fisheries located within the Reclamation States; and
qualified Tribal Government.
(B) fisheries containing fish species that are (B) transpiration from plants.
(e) EFFECT.—Nothing in this section is in-
listed as threatened or endangered pursuant to (2) PROGRAM.—The term ‘‘Program’’ means
tended to expand, diminish, or affect any obli-
the Endangered Species Act of 1973 (16 U.S.C. the Open Access Evapotranspiration (OpenET)
gation under Federal or State environmental
1531 et seq.) within the Reclamation States; or Data Program established under section 304(a).
law. (3) PROGRAM PARTNER.—The term ‘‘Program
(C) fisheries used by Indian Tribes within the SEC. 236. REAUTHORIZATION OF THE FISHERIES
Reclamation States for ceremonial, subsistence, partner’’ means—
RESTORATION AND IRRIGATION (A) an institution of higher education;
or commercial purposes. MITIGATION ACT OF 2000. (B) a State (including a State agency);
(2) QUALIFIED TRIBAL GOVERNMENT.—The Section 10(a) of the Fisheries Restoration and (C) an Indian Tribe as defined in section 4 of
term ‘‘qualified Tribal Government’’ means any Irrigation Mitigation Act of 2000 (16 U.S.C. 777 the Indian Self-Determination and Education
government of an Indian Tribe that the Sec- note; Public Law 106–502) is amended by strik- Assistance Act (25 U.S.C. 5304);
retary determines— ing ‘‘$15 million through 2021’’ and inserting (D) a private sector entity;
(A) is involved in fishery management and re- ‘‘$25,000,000 through 2028’’. (E) a nongovernmental organization; or
covery activities including under the Endan- SEC. 237. SUSTAINING BIODIVERSITY DURING (F) any other entity determined to be appro-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.); DROUGHTS. priate by the Secretary.
or Section 9503(b) of the Omnibus Public Land (4) SECRETARY.—The term ‘‘Secretary’’ means
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(B) has the management and organizational Management Act of 2009 (42 U.S.C. 10363(b)) is the Secretary of the Interior, acting through the
capability to maximize the benefits of assistance amended— Director of the United States Geological Survey.
provided under this section. (1) in paragraph (3)(D), by inserting ‘‘and na- SEC. 303. FINDINGS.
(b) DROUGHT PLAN FOR CRITICALLY IMPOR- tive biodiversity’’ after ‘‘wildlife habitat’’; and Congress finds that—
TANT FISHERIES.—Not later than January 1, (2) in paragraph (4)(B), by inserting ‘‘and (1) evapotranspiration is the second largest
2024, and every three years thereafter, the Sec- drought biodiversity plans to address sustaining component of the water budget, which is an ac-
retary, acting through the Director of the native biodiversity during periods of drought’’ counting of the allocation of water resources to
United States Fish and Wildlife Service shall, in after ‘‘restoration plans’’. various water uses;
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7447
(2) evapotranspiration is a measure of the (3) improve evapotranspiration measurement (2) the Secretary to approve any lease or ex-
water that is consumed and lost from a water science and technology; and change agreements, storage agreements, or
system, removed from available supplies, and (4) develop or refine the application of sat- agreements for conserved water entered into by
unavailable for other uses within a watershed; ellite-based evapotranspiration data available to the CRIT.
(3) accurate information on Federal agencies, States, and Indian Tribes, in- SEC. 403. DEFINITIONS.
evapotranspiration is required to balance water cluding programs within both the Water Re- In this title:
supply and water demand in a watershed and sources and Core Science Systems divisions of (1) AGREEMENT FOR CONSERVED WATER.—The
ensure that adequate water supplies for bene- the United States Geological Survey. These may term ‘‘agreement for conserved water’’ means an
ficial uses are available over time; include— agreement for the creation of system conserva-
(4) water users and managers are impeded in (A) the Water Availability and Use Science tion, storage of conserved water in Lake Mead,
more efficient decision making by— Program, the National Water Census, and Inte- or other mechanisms for voluntarily leaving a
(A) the lack of consistent and comprehensive grated Water Availability Assessments; and portion of the CRIT reduced consumptive use in
water use data; and (B) the National Land Imaging Program, the Lake Mead.
(B) the fact that access to existing data is Land Change Science Program, and the Science (2) ALLOTTEE.—The term ‘‘allottee’’ means an
often limited and cost-prohibitive; and Analytics and Synthesis Program. individual who holds a beneficial real property
(5) evapotranspiration data may be applied (e) WATER USE AND AVAILABILITY OF PRO- interest in an allotment of Indian land that is—
for the purposes of— GRAM DATA.—The Secretary—
(A) located within the exterior boundaries of
(A) assisting users and decisionmakers to bet- (1) shall incorporate, to the maximum extent the Reservation; and
ter manage resources and protect financial via- practicable, program information and data for (B) held in trust by the United States.
bility of farm operations during drought; purposes of determining consumptive water use (3) CONSOLIDATED DECREE.—The term ‘‘Con-
(B) developing more accurate water budgets on irrigated or other vegetated landscapes for solidated Decree’’ means the decree entered by
and innovative management programs to better use by water resource management agencies; the Supreme Court of the United States in Ari-
promote conservation and sustainability efforts; (2) may continue to coordinate data analyses,
zona v. California (547 U.S. 150 (2006)).
and use, and collection efforts with other Federal
(4) CONSUMPTIVE USE.—The term ‘‘consump-
(C) employing greater groundwater manage- agencies, States, and Tribal governments
tive use’’ means a portion of the decreed alloca-
ment practices and understanding impacts of through existing coordinating organizations,
tion that has a recent history of use by the
consumptive water use. such as—
CRIT within the exterior boundary of the Res-
SEC. 304. OPEN ACCESS EVAPOTRANSPIRATION (A) the Western States Water Council; and
ervation. Any verified reduction in consumptive
(OPENET) DATA PROGRAM. (B) the Western States Federal Agency Sup-
use pursuant to a lease or exchange agreement,
(a) ESTABLISHMENT.—The Secretary shall es- port Team; and
(3) may provide information collected and storage agreement, or agreement for conserved
tablish a program to be known as the ‘‘Open Ac- water, shall be deemed to be a consumptive use
cess Evapotranspiration (OpenET) Data Pro- analyzed under the Program to Program part-
ners through appropriate mechanisms, including in the year in which the reduction occurred, if
gram’’ under which the Secretary shall provide the reduction is reflected in the Water Account-
for the delivery of satellite-based through agreements with Federal agencies,
States (including State agencies), or Indian ing Report.
evapotranspiration data, as available, sup- (5) CRIT.—The term ‘‘CRIT’’ means the Colo-
ported by other ET methods— Tribes, leases, contracts, cooperative agree-
ments, grants, loans, and memoranda of under- rado River Indian Tribes, a federally recognized
(1) to advance the quantification of evapo- Indian Tribe.
ration and consumptive water use; and standing.
(f) COOPERATIVE AGREEMENTS.—The Secretary (6) DECREED ALLOCATION.—The term ‘‘decreed
(2) to provide data users with estimates of allocation’’ means the volume of water of the
evapotranspiration data across large landscapes shall—
(1) enter into cooperative agreements with mainstream of the Colorado River allocated to
over certain periods of time, with a priority for the CRIT that is accounted for as part of the
Landsat scale (30–100m) when available. Program partners to provide for the efficient
and cost-effective administration of the Pro- apportionment for the State in part I–A of the
(b) PURPOSE.—The purpose of the Program is
gram, including through cost sharing or by pro- Appendix of the Consolidated Decree.
to support the operational distribution of sat-
viding additional in-kind resources necessary to (7) LOWER BASIN.—The term ‘‘Lower Basin’’
ellite-based evapotranspiration data generated
carry out the Program; and has the meaning given the term in article II(g)
under the Program to sustain and enhance
(2) provide nonreimbursable matching fund- of the Colorado River Compact of 1922, as ap-
water resources in the United States.
ing, as permissible, for programmatic and oper- proved by Federal law in section 13 of the Boul-
(c) DUTIES.—In carrying out the Program, the
ational activities under this section, in consulta- der Canyon Project Act (43 U.S.C. 617l) and by
Secretary shall—
tion with Program partners. the Presidential Proclamation of June 25, 1929
(1) evaluate, use, and modify sources of sat-
(g) ENVIRONMENTAL LAWS.—Nothing in this (46 Stat. 3000).
ellite-based evapotranspiration data, supported
title modifies any obligation of the Secretary to (8) PERSON.—The term ‘‘person’’ means an in-
by other ET methods, based on best available
comply with applicable Federal and State envi- dividual, a public or private corporation, a com-
science and technologies; and
ronmental laws in carrying out this title. pany, a partnership, a joint venture, a firm, an
(2) coordinate and consult with—
(A) the heads of other relevant Federal agen- SEC. 305. REPORT. association, a society, an estate or trust, a pri-
cies, including— Not later than 5 years after the date of the en- vate organization or enterprise, the United
(i) the Commissioner of Reclamation; actment of this title, the Secretary shall submit States, an Indian Tribe, a governmental entity,
(ii) the Administrator of the National Aero- to the Committees on Energy and Natural Re- or a political subdivision or municipal corpora-
nautics and Space Administration; sources, Agriculture, Nutrition, and Forestry, tion organized under, or subject to, the constitu-
(iii) the Administrator of the National Oceanic and Appropriations of the Senate and the Com- tion and laws of the State.
and Atmospheric Administration; mittees on Natural Resources, Agriculture, and (9) RESERVATION.—The term ‘‘Reservation’’
(iv) the Administrator of the Agricultural Re- Appropriations of the House of Representatives means the portion of the reservation established
search Service; and a report that includes— for the CRIT that is located in the State.
(v) the Chief of the Natural Resources Con- (1) a status update on the operational incor- (10) SECRETARY.—The term ‘‘Secretary’’ means
servation Service; and poration of Program data into modeling, water the Secretary of the Interior.
(B) Program partners. planning, and reporting efforts of relevant Fed- (11) STATE.—Except for purposes of section
(d) COMPONENTS.—In carrying out the Pro- eral agencies; and 416, the term ‘‘State’’ means the State of Ari-
gram, the Secretary shall, in coordination with (2) a list of Federal agencies and Program zona.
other relevant agencies, carry out activities to partners that are applying Program data to ben- (12) STORAGE.—The term ‘‘storage’’ means the
develop, maintain, establish, expand, or ad- eficial use, including a description of examples underground storage, in accordance with State
vance delivery of satellite-based of beneficial uses. law, of a portion of the consumptive use off the
evapotranspiration data, supported by other ET Reservation within the Lower Basin in the
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
methods, to advance the quantification of evap- State.
There is authorized to be appropriated to the (13) WATER ACCOUNTING REPORT.—The term
oration and consumptive water use, with an em- Secretary to carry out this title $23,000,000 for
phasis on carrying out activities that— ‘‘Water Accounting Report’’ means the annual
each of fiscal years 2023 through 2027, to remain report of the Bureau of Reclamation entitled the
(1) support the development and maintenance available until expended.
of evapotranspiration data and software sys- ‘‘Colorado River Accounting and Water Use Re-
TITLE IV—COLORADO RIVER INDIAN port: Arizona, California, and Nevada’’ which
tems and associated research and development
TRIBES WATER RESILIENCY includes the compilation of records in accord-
in a manner that ensures that Program data are
reflective of the best available science, including SEC. 401. SHORT TITLE. ance with article V of the Consolidated Decree.
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by providing support to Program partners, or This title may be cited as the ‘‘Colorado River SEC. 404. LEASE OR EXCHANGE AGREEMENTS.
coordinating activities with other programs Indian Tribes Water Resiliency Act of 2022’’. (a) AUTHORIZATION.—Notwithstanding section
within the Department of the Interior, that have SEC. 402. FINDINGS. 2116 of the Revised Statutes (commonly known
developed and are maintaining The purposes of this title are to authorize— as the ‘‘Indian Trade and Intercourse Act’’; 25
evapotranspiration software systems and (1) the CRIT to enter into lease or exchange U.S.C. 177) or any other provision of law, the
datasets; agreements, storage agreements, and agreements CRIT is authorized, subject to the approval of
(2) demonstrate or test new and existing for conserved water for the economic well-being the Secretary under section 407(a), and has the
evapotranspiration measurement technology; of the CRIT; and sole authority, to enter into, with any person,
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H7448 CONGRESSIONAL RECORD — HOUSE July 29, 2022
an agreement to lease or exchange, or an option (3) storage agreement; (b) NEPA.—The execution of the agreement
to lease or exchange, a portion of the consump- (4) modification to a storage agreement; or required under subsection (a) shall not con-
tive use for a use off the Reservation (referred to (5) agreement for conserved water. stitute a major Federal action for purposes of
in this title as a ‘‘lease or exchange agree- (b) SECRETARIAL AGREEMENTS.—The Secretary the National Environmental Policy Act of 1969
ment’’), on the condition that the use off the is authorized to enter lease or exchange agree- (42 U.S.C. 4321 et seq.).
Reservation is located in the Lower Basin in the ments, storage agreements, or agreements for (c) EFFECT.—Nothing in this title shall pro-
State and is not in Navajo, Apache, or Cochise conserved water with the CRIT, provided the hibit the Secretary from agreeing with the CRIT
counties. Secretary pays the fair market value for the and the State to a modification to an agreement
(b) TERM OF LEASE OR EXCHANGE AGREE- CRIT reduced consumptive use. entered into under subsection (a) (including an
MENT.—The term of any lease or exchange (c) REQUIREMENTS.— appendix or exhibit to the agreement) if that the
agreement entered into under subsection (a) (1) IN GENERAL.—The Secretary shall not ap- modification—
shall be mutually agreed, except that the term prove any lease or exchange agreement, or any (1) is in compliance with this title; and
shall not exceed 100 years. modification to a lease or exchange agreement, (2) does not otherwise require congressional
(c) MODIFICATIONS.—Any lease or exchange any storage agreement, or any modification to a approval under section 2116 of the Revised Stat-
agreement entered into under subsection (a) storage agreement that is not in compliance utes (commonly known as the ‘‘Indian Trade
may be renegotiated or modified at any time with— and Intercourse Act’’; 25 U.S.C. 177) or any
during the term of the lease or exchange agree- (A) this title; and other provision of law.
ment, subject to the approval of the Secretary (B) the agreement entered into between the SEC. 411. NO EFFECT ON THE CRIT DECREED AL-
under section 407(a), on the condition that the CRIT, the State, and the Secretary under sec- LOCATION.
term of the renegotiated lease or exchange tion 410(a). (a) TEMPORARY USE.—A lease or exchange
agreement does not exceed 100 years. (2) CONSERVED WATER.—The Secretary shall agreement, storage agreement, or agreement for
(d) APPLICABLE LAW.—Any person entering not approve any agreement for conserved water conserved water—
into a lease or exchange agreement with the that is not in compliance with— (1) shall provide for the temporary use, stor-
CRIT under this section shall use the water re- (A) this title; and age or conservation of a portion of the consump-
ceived under the lease or exchange agreement in (B) other applicable Federal law. tive use off the Reservation; and
accordance with applicable Federal and State (3) PERMANENT ALIENATION.—The Secretary (2) shall not permanently alienate the decreed
law. shall not approve any lease or exchange agree- allocation.
SEC. 405. STORAGE AGREEMENTS. ment, or any modification to a lease or exchange (b) PRIORITY STATUS.—
(a) AUTHORIZATION.—Notwithstanding section agreement, or any storage agreement, or modi- (1) IN GENERAL.—The lease or exchange of a
2116 of the Revised Statutes (commonly known fication to a storage agreement, or agreement for portion of the consumptive use shall not cause
as the ‘‘Indian Trade and Intercourse Act’’; 25 conserved water that permanently alienates any that portion to lose or change its priority under
U.S.C. 177) or any other provision of law, the portion of the CRIT decreed allocation. the Consolidated Decree.
(d) OTHER REQUIREMENTS.—The requirement (2) NONUSE.—Any nonuse by a person who is
CRIT is authorized, subject to the approval of
for Secretarial approval under subsection (a) a party to any lease or exchange agreement or
the Secretary under section 407(a), and has the
shall satisfy the requirements of section 2116 of storage agreement with the CRIT shall not re-
sole authority, to enter into an agreement, in-
the Revised Statutes (commonly known as the sult in forfeiture, abandonment, relinquishment,
cluding with the Arizona Water Banking Au-
‘‘Indian Trade and Intercourse Act’’; 25 U.S.C. or other loss by the CRIT of all or any portion
thority (or successor agency or entity), for the
177). of the decreed allocation.
storage of a portion of the consumptive use, or
(e) AUTHORITY OF THE SECRETARY.—Nothing (c) RESERVATION OF RIGHTS.—The lease, ex-
the water received under an exchange pursuant
in this title, or any agreement entered into or change, storage, or conservation of a portion of
to an exchange agreement under section 404, at
approved by the Secretary under this title, in- the consumptive use shall not reduce or limit the
1 or more underground storage facilities or
cluding any lease or exchange agreement, stor- right of the CRIT to use the remaining portion
groundwater savings facilities off the Reserva-
age agreement, or agreement for conserved of the decreed allocation on the Reservation.
tion (referred to in this title as a ‘‘storage agree-
water, shall diminish or abrogate the authority (d) STORAGE AGREEMENTS.—A storage agree-
ment’’), on the condition that the facility is lo-
of the Secretary to act under applicable Federal ment entered into under this title shall account
cated in the Lower Basin in the State and is not
law or regulation, including the Consolidated for the quantity of water in storage off the Res-
in Navajo, Apache, or Cochise counties.
Decree. ervation in accordance with applicable State
(b) APPLICABLE LAW.—Any storage agreement
SEC. 408. RESPONSIBILITIES OF THE SECRETARY. law.
entered into under this section shall be in ac-
(a) COMPLIANCE.—When approving a lease or SEC. 412. ALLOTTEE USE OF WATER.
cordance with applicable Federal and State law.
(c) DELEGATION OF RIGHTS.—The CRIT may exchange agreement, a storage agreement, or an (a) INTERFERENCE.—The lease, exchange, stor-
assign or sell any long-term storage credits ac- agreement for conserved water, the Secretary age, or conservation of a portion of the con-
crued as a result of a storage agreement, on the shall promptly comply with all aspects of the sumptive use shall not directly or indirectly
condition that the assignment or sale is in ac- National Environmental Policy Act of 1969 (42 interfere with, or diminish, any entitlement to
cordance with applicable State law. U.S.C. 4321 et seq.), the Endangered Species Act water for an allottee under Federal or Tribal
SEC. 406. AGREEMENTS FOR CREATION OF WATER of 1973 (16 U.S.C. 1531 et seq.), and all other ap- law.
FOR THE COLORADO RIVER SYSTEM plicable environmental Acts and regulations. (b) WATER RIGHTS OF ALLOTTEES.—The Sec-
OR FOR STORING WATER IN LAKE (b) DOCUMENTATION.—The Secretary shall retary shall protect the rights of the allottees to
MEAD. document any lease or exchange agreement, a just and equitable distribution of water for ir-
(a) AUTHORIZATION.—Notwithstanding section storage agreement, or agreement for conserved rigation purposes, pursuant to section 7 of the
2116 of the Revised Statutes (commonly known water in the Water Accounting Report. Act of February 8, 1887 (commonly known as the
as the ‘‘Indian Trade and Intercourse Act’’; 25 SEC. 409. AGREEMENT BETWEEN THE CRIT AND ‘‘Indian General Allotment Act’’; 24 Stat. 390,
U.S.C. 177) or any other provision of law, the THE STATE. chapter 119; 25 U.S.C. 381) (referred to in this
CRIT is authorized, subject to the approval of (a) IN GENERAL.—Before entering into the first section as the ‘‘Act’’).
the Secretary under section 407(a), and has the lease or exchange agreement or storage agree- (c) RELIEF UNDER TRIBAL LAW.—Prior to as-
sole authority, to enter into, with any person, ment, the CRIT shall enter into an agreement serting any claim against the United States pur-
an agreement for conserved water on the condi- with the State that outlines all notice, informa- suant to the Act, or any other applicable law,
tion that if the conserved water is delivered, the tion sharing, and collaboration requirements an allottee shall exhaust all remedies available
delivery is to a location in the Lower Basin of that shall apply to any potential lease or ex- under applicable Tribal law.
the State and not in Navajo, Apache, or Cochise change agreement or storage agreement the (d) RELIEF UNDER THE INDIAN GENERAL AL-
counties. CRIT may enter into. LOTMENT ACT.—Following an exhaustion of
(b) TERM OF AN AGREEMENT FOR CONSERVED (b) REQUIREMENT.—The agreement required remedies available under applicable Tribal law,
WATER.—The term of any agreement for con- under subsection (a) shall include a provision an allottee may seek relief under the Act, or any
served water entered into under subsection (a) that requires the CRIT to submit to the State all other applicable law.
shall be mutually agreed, except that the term documents regarding a potential lease or ex- (e) RELIEF FROM THE SECRETARY.—Following
shall not exceed 100 years. change agreement or storage agreement. exhaustion of remedies available under the Act,
(c) APPLICABLE LAW.—Any person entering SEC. 410. AGREEMENT BETWEEN THE CRIT, THE
or any other applicable law, an allottee may pe-
into an agreement for conserved water with the STATE, AND THE SECRETARY. tition the Secretary for relief.
CRIT under this section shall use the water re- (a) IN GENERAL.—Before approving the first SEC. 413. CONSIDERATION PAID TO THE CRIT.
ceived in accordance with applicable Federal lease or exchange agreement or storage agree- The CRIT, and not the United States in any
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and State law. ment under section 407, the Secretary shall enter capacity, shall be entitled to all consideration
SEC. 407. SECRETARIAL APPROVAL; DIS- into an agreement with the State and the CRIT due to the CRIT under any lease or exchange
APPROVAL; AGREEMENTS. that describes the procedural, technical, and ac- agreement, storage agreement, or agreement for
(a) AUTHORIZATION.—The Secretary shall ap- counting methodologies for any lease or ex- conserved water.
prove or disapprove any— change agreement or storage agreement the SEC. 414. LIABILITY OF THE UNITED STATES.
(1) lease or exchange agreement; CRIT may enter into, including quantification (a) LIMITATION OF LIABILITY.—The United
(2) modification to a lease or exchange agree- of the reduction in consumptive use and water States shall not be liable to the CRIT or to any
ment; accounting. party to a lease or exchange agreement, storage
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7449
agreement, or agreement for conserved water in (5) AVAILABLE CAP SUPPLY.—The term ‘‘avail- (19) CAP SUBCONTRACT.—The term ‘‘CAP sub-
any claim relating to the negotiation, execution, able CAP supply’’ means, for any year— contract’’ means a long-term subcontract (as de-
or approval of any lease or exchange agreement, (A) all fourth priority water available for de- fined in the CAP repayment stipulation) with
storage agreement, or an agreement for con- livery through the Central Arizona Project; the United States and the Central Arizona
served water, including any claim relating to (B) water available from Central Arizona Water Conservation District for the delivery of
the terms included in such an agreement, except Project dams and reservoirs other than the CAP water through the CAP system.
for claims related to section 408(a). Modified Roosevelt Dam; and (20) CAP SUBCONTRACTOR.—The term ‘‘CAP
(b) OBLIGATIONS.—The United States shall (C) return flows captured by the Secretary for subcontractor’’ means a person that has entered
have no trust obligation or other obligation to Central Arizona Project use. into a CAP subcontract.
monitor, administer, or account for— (6) BILL WILLIAMS ACT.—The term ‘‘Bill Wil- (21) CAP SYSTEM.—The term ‘‘CAP system’’
(1) any funds received by the CRIT as consid- liams Act’’ means the Bill Williams River Water means—
eration under any lease or exchange agreement, Rights Settlement Act of 2014 (Public Law 113– (A) the Mark Wilmer Pumping Plant;
storage agreement, or agreement for conserved 223; 128 Stat. 2096). (B) the Hayden-Rhodes Aqueduct;
water; or (7) BILL WILLIAMS AGREEMENTS.—The term (C) the Fannin-McFarland Aqueduct;
(2) the expenditure of such funds. ‘‘Bill Williams agreements’’ means the Amended (D) the Tucson Aqueduct;
SEC. 415. APPLICATION. and Restated Big Sandy River-Planet Ranch (E) any pumping plant or appurtenant work
Water Rights Settlement Agreement and the of a feature described in subparagraph (A), (B),
(a) IN GENERAL.—This title shall apply only to
Amended and Restated Hualapai Tribe Bill Wil- (C), or (D); and
the portion of the decreed allocation that is
liams River Water Rights Settlement Agreement, (F) any extension of, addition to, or replace-
available for use in the State.
including all exhibits to each agreement, copies ment for a feature described in subparagraph
(b) REQUIREMENT.—The portion of the decreed
of which (excluding exhibits) are attached to the (A), (B), (C), (D), or (E).
allocation that is available for use in the State
Hualapai Tribe water rights settlement agree- (22) CAP WATER.—The term ‘‘CAP water’’ has
shall not be used, directly or indirectly, outside
ment as Exhibit 3.1.11. the meaning given the term ‘‘Project Water’’ in
the Lower Basin in the State or in Navajo,
(8) BILL WILLIAMS RIVER PHASE 2 ENFORCE- the CAP repayment stipulation.
Apache, or Cochise counties. (23) CENTRAL ARIZONA PROJECT.—The term
SEC. 416. RULE OF CONSTRUCTION. ABILITY DATE.—The term ‘‘Bill Williams River
Phase 2 Enforceability Date’’ means the date ‘‘Central Arizona Project’’ means the reclama-
Nothing in this title establishes, or shall be tion project authorized and constructed by the
considered to establish, a precedent in any liti- described in section 514(d).
(9) BILL WILLIAMS RIVER PHASE 2 WATER United States in accordance with title III of the
gation involving, or alters, affects, or quantifies, Colorado River Basin Project Act (43 U.S.C. 1521
any water right with respect to— RIGHTS SETTLEMENT AGREEMENT.—The term
‘‘Bill Williams River phase 2 water rights settle- et seq.).
(1) the United States; (24) CENTRAL ARIZONA WATER CONSERVATION
(2) any other Indian Tribe, band, or commu- ment agreement’’ means the agreement of that
DISTRICT.—The term ‘‘Central Arizona Water
nity; name that is attached to, and incorporated in,
the Hualapai Tribe water rights settlement Conservation District’’ means the political sub-
(3) any State or political subdivision or dis- division of the State that is the contractor under
trict of a State; or agreement as Exhibit 4.3.3.
(10) CAP CONTRACT.—The term ‘‘CAP con- the CAP repayment contract.
(4) any person. (25) COLORADO RIVER COMPACT.—The term
TITLE V— HUALAPAI TRIBE WATER tract’’ means a long-term contract (as defined in
‘‘Colorado River Compact’’ means the Colorado
RIGHTS SETTLEMENT the CAP repayment stipulation) with the United
River Compact of 1922, as ratified and reprinted
States for delivery of CAP water through the
SEC. 501. SHORT TITLE. in article 2 of chapter 7 of title 45, Arizona Re-
CAP system.
This title may be cited as the ‘‘Hualapai Tribe (11) CAP CONTRACTOR.—The term ‘‘CAP con- vised Statutes.
Water Rights Settlement Act of 2022’’. (26) COLORADO RIVER WATER ENTITLEMENT.—
tractor’’—
SEC. 502. PURPOSES. (A) means a person that has entered into a The term ‘‘Colorado River water entitlement’’
The purposes of this title are— CAP contract; and means the right or authorization to use Colo-
(1) to resolve, fully and finally, all claims to (B) includes the Hualapai Tribe. rado River water in the State through a
rights to water in the State, including the Verde (12) CAP FIXED OM&R CHARGE.—The term mainstem contract with the Secretary pursuant
River, the Bill Williams River, and the Colorado ‘‘CAP fixed OM&R charge’’ has the meaning to section 5 of the Boulder Canyon Project Act
River, of— given the term ‘‘Fixed OM&R Charge’’ in the (43 U.S.C. 617d).
(A) the Hualapai Tribe, on behalf of the CAP repayment stipulation. (27) DIVERSION.—The term ‘‘diversion’’ means
Hualapai Tribe and the members of the (13) CAP M&I PRIORITY WATER.—The term an act to divert.
Hualapai Tribe; and (28) DIVERT.—The term ‘‘divert’’ means to re-
‘‘CAP M&I priority water’’ means water within
(B) the United States, acting as trustee for the ceive, withdraw, develop, produce, or capture
the available CAP supply having a municipal
Hualapai Tribe, the members of the Hualapai water using—
and industrial delivery priority.
Tribe, and the allottees; (A) a ditch, canal, flume, bypass, pipeline, pit,
(14) CAP NIA PRIORITY WATER.—The term
(2) to authorize, ratify, and confirm the collection or infiltration gallery, conduit, well,
‘‘CAP NIA priority water’’ means water within
Hualapai Tribe water rights settlement agree- pump, turnout, dam, or any other mechanical
the available CAP supply having a non-Indian
ment, to the extent that agreement is consistent device; or
agricultural delivery priority.
(B) any other act of man.
with this title; (15) CAP OPERATING AGENCY.—The term ‘‘CAP
(29) DOMESTIC PURPOSE.—
(3) to authorize and direct the Secretary to operating agency’’ means— (A) IN GENERAL.—The term ‘‘domestic pur-
execute and perform the duties and obligations (A) the 1 or more entities authorized to assume pose’’ means any use relating to the supply,
of the Secretary under the Hualapai Tribe water responsibility for the care, operation, mainte- service, or activity of a household or private res-
rights settlement agreement and this title; and nance, and replacement of the CAP system; and idence.
(4) to authorize the appropriation of funds (B) as of the date of the enactment of this (B) INCLUSIONS.—The term ‘‘domestic pur-
necessary to carry out the Hualapai Tribe water title, the Central Arizona Water Conservation pose’’ includes the application of water to not
rights settlement agreement and this title. District. more than 2 acres of land to produce a plant or
SEC. 503. DEFINITIONS. (16) CAP PUMPING ENERGY CHARGE.—The term parts of a plant for—
In this title: ‘‘CAP pumping energy charge’’ has the meaning (i) sale or human consumption; or
(1) 1947 JUDGMENT.—The term ‘‘1947 Judg- given the term ‘‘Pumping Energy Charge’’ in (ii) use as feed for livestock, range livestock,
ment’’ means the Judgment and the Stipulation the CAP repayment stipulation. or poultry.
and Agreement, including exhibits to the Judg- (17) CAP REPAYMENT CONTRACT.—The term (30) EFFLUENT.—The term ‘‘effluent’’ means
ment and the Stipulation and Agreement, en- ‘‘CAP repayment contract’’ means— water that—
tered on March 13, 1947, in United States v. (A) the contract dated December 1, 1988 (Con- (A) has been used in the State for domestic,
Santa Fe Pac. R.R. Co., No. E–190 (D. Ariz.) tract No. 14–06–W–245, Amendment No. 1), be- municipal, or industrial purposes, other than
and attached to the Hualapai Tribe water rights tween the United States and the Central Ari- solely for hydropower generation; and
settlement agreement as Exhibit 3.1.1. zona Water Conservation District for the Deliv- (B) is available for reuse for any purpose, re-
(2) AFY.—The term ‘‘AFY’’ means acre-feet ery of Water and Repayment of Costs of the gardless or whether the water has been treated
per year. Central Arizona Project; and to improve the quality of the water.
(3) ALLOTMENT.—The term ‘‘allotment’’ means (B) any amendment to, or revision of, that (31) ENFORCEABILITY DATE.—The term ‘‘En-
any of the 4 off-reservation parcels that are— contract. forceability Date’’ means the date described in
(A) held in trust by the United States for indi- (18) CAP REPAYMENT STIPULATION.—The term section 514(a).
vidual Indians in the Big Sandy River basin in ‘‘CAP repayment stipulation’’ means the Stipu- (32) EXCHANGE.—The term ‘‘exchange’’ means
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Mohave County, Arizona, under the patents lated Judgment and the Stipulation for Judg- a trade between 1 or more persons of any water
numbered 1039995, 1039996, 1039997, and 1019494; ment, including any exhibits to those docu- for any other water, if each person has a right
and ments, entered on November 21, 2007, in the or claim to use the water the person provides in
(B) identified as Parcels 1A, 1B, 1C, and 2 on United States District Court for the District of the trade, regardless of whether the water is
the map attached to the Hualapai Tribe water Arizona in the consolidated civil action Central traded in equal quantities or other consideration
rights settlement agreement as Exhibit 3.1.6. Arizona Water Conservation District v. United is included in the trade.
(4) ALLOTTEE.—The term ‘‘allottee’’ means States, numbered CIV 95–625–TUC–WDB (EHC) (33) FOURTH PRIORITY WATER.—The term
any Indian owner of an allotment. and CIV 95–1720–PHX–EHC. ‘‘fourth priority water’’ means Colorado River
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H7450 CONGRESSIONAL RECORD — HOUSE July 29, 2022
water that is available for delivery in the State (B) was retained by the Secretary for realloca- (B) held in trust for certain allottees.
for the satisfaction of entitlements— tion to Indian Tribes in the State pursuant to (57) PARCEL 3.—The term ‘‘Parcel 3’’ means
(A) in accordance with contracts, Secretarial section 104(a)(1)(A)(iii) of the Central Arizona the parcel of land that is—
reservations, perfected rights, and other ar- Project Settlement Act of 2004 (Public Law 108– (A) depicted as ‘‘Parcel 3’’ on the map at-
rangements between the United States and 451; 118 Stat. 3487); and tached to the Hualapai Tribe water rights settle-
water users in the State entered into or estab- (C) is reallocated to the Hualapai Tribe pursu- ment agreement as Exhibit 3.1.6;
lished after September 30, 1968, for use on Fed- ant to section 513. (B) held in trust for the Hualapai Tribe; and
eral, State, or privately owned land in the State, (44) HUALAPAI TRIBE WATER DELIVERY CON- (C) part of the Hualapai Reservation pursu-
in a total quantity of not greater than 164,652 TRACT.—The term ‘‘Hualapai Tribe water deliv- ant to Executive Order 1368, dated June 2, 1911.
AFY of diversions; and ery contract’’ means the contract entered into in (58) PARTY.—The term ‘‘party’’ means a per-
(B) after first providing for the delivery of accordance with the Hualapai Tribe water son that is a signatory to the Hualapai Tribe
Colorado River water for the CAP system, in- rights settlement agreement and section 513(c) water rights settlement agreement.
cluding for use on Indian land, under section for the delivery of Hualapai Tribe CAP water. (59) SECRETARY.—The term ‘‘Secretary’’ means
304(e) of the Colorado River Basin Project Act (45) HUALAPAI TRIBE WATER RIGHTS SETTLE- the Secretary of the Interior.
(43 U.S.C. 1524(e)), in accordance with the CAP MENT AGREEMENT.— (60) STATE.—The term ‘‘State’’ means the
repayment contract. (A) IN GENERAL.—The term ‘‘Hualapai Tribe State of Arizona.
(34) FREEPORT.—The term ‘‘Freeport’’— water rights settlement agreement’’ means the (61) STOCK WATERING.—The term ‘‘stock wa-
(A) means the Delaware corporation named agreement, including exhibits, entitled tering’’ means the watering of livestock, range
‘‘Freeport Minerals Corporation’’; and ‘‘Hualapai Tribe Water Rights Settlement Agree- livestock, or poultry.
(B) includes all subsidiaries, affiliates, succes- ment’’ and dated February 11, 2019. (62) SURFACE WATER.—The term ‘‘surface
sors, and assigns of Freeport Minerals Corpora- (B) INCLUSIONS.—The term ‘‘Hualapai Tribe water’’ means all water in the State that is ap-
tion, including Byner Cattle Company, a Ne- water rights settlement agreement’’ includes— propriable under State law.
vada corporation. (i) any amendments necessary to make the (63) TRUXTON BASIN.—The term ‘‘Truxton
(35) GILA RIVER ADJUDICATION.—The term Hualapai Tribe water rights settlement agree- Basin’’ means the groundwater aquifer de-
‘‘Gila River adjudication’’ means the action ment consistent with this title; and scribed in the report issued by the United States
pending in the Superior Court of the State, in (ii) any other amendments approved by the Geological Survey entitled ‘‘Groundwater Avail-
and for the County of Maricopa, In Re the Gen- parties to the Hualapai Tribe water rights settle- ability in the Truxton Basin, Northwestern Ari-
eral Adjudication of All Rights To Use Water In ment agreement and the Secretary. zona’’, Scientific Investigations Report No. 2020–
The Gila River System and Source, W–1 (Salt), (46) HUALAPAI TRUST LAND.—The term 5017–A.
W–2 (Verde), W–3 (Upper Gila), W–4 (San ‘‘Hualapai trust land’’ means land, other than (64) WATER.—The term ‘‘water’’, when used
Pedro) (Consolidated). Hualapai fee land, that is— without a modifying adjective, means—
(36) GILA RIVER ADJUDICATION COURT.—The (A) located— (A) groundwater;
term ‘‘Gila River adjudication court’’ means the (i) in the State; and (B) surface water;
Superior Court of the State, in and for the (ii) outside the exterior boundaries of the (C) effluent; and
County of Maricopa, exercising jurisdiction over Hualapai Reservation; and (D) Colorado River water.
the Gila River adjudication. (B) as of the Enforceability Date, held in trust (65) WATER RIGHT.—The term ‘‘water right’’
(37) GILA RIVER ADJUDICATION DECREE.—The by the United States for the benefit of the means any right in or to groundwater, surface
term ‘‘Gila River adjudication decree’’ means Hualapai Tribe. water, effluent, or Colorado River water under
the judgment or decree entered by the Gila River (47) HUALAPAI WATER PROJECT.—The term Federal, State, or other law.
adjudication court in substantially the same ‘‘Hualapai Water Project’’ means the project SEC. 504. RATIFICATION AND EXECUTION OF
form as the form of judgment attached to the constructed in accordance with section HUALAPAI TRIBE WATER RIGHTS
Hualapai Tribe water rights settlement agree- 506(a)(7)(A). SETTLEMENT AGREEMENT.
ment as Exhibit 3.1.43. (48) HUALAPAI WATER TRUST FUND ACCOUNT.— (a) RATIFICATION.—
(38) GROUNDWATER.—The term ‘‘ground- The term ‘‘Hualapai Water Trust Fund Ac- (1) IN GENERAL.—Except as modified by this
water’’ means all water beneath the surface of count’’ means the account established under title and to the extent the Hualapai Tribe water
the Earth within the State that is not— section 506(a)(1). rights settlement agreement does not conflict
(A) surface water; (49) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ with this title, the Hualapai Tribe water rights
(B) effluent; or has the meaning given the term in section 4 of settlement agreement is authorized, ratified, and
(C) Colorado River water. confirmed.
the Indian Self-Determination and Education
(39) HUALAPAI FEE LAND.—The term (2) AMENDMENTS.—If an amendment to the
Assistance Act (25 U.S.C. 5304).
‘‘Hualapai fee land’’ means land, other than Hualapai Tribe water rights settlement agree-
(50) INJURY TO WATER RIGHTS.—
Hualapai trust land, that— ment, or to any exhibit attached to the
(A) IN GENERAL.—The term ‘‘injury to water
(A) is located in the State; Hualapai Tribe water rights settlement agree-
(B) is located outside the exterior boundaries rights’’ means any interference with, diminution
of, or deprivation of, a water right under Fed- ment requiring the signature of the Secretary, is
of the Hualapai Reservation or Hualapai trust executed in accordance with this title to make
land; and eral, State, or other law.
(B) EXCLUSION.—The term ‘‘injury to water the Hualapai Tribe water rights settlement
(C) as of the Enforceability Date, is owned by
rights’’ does not include any injury to water agreement consistent with this title, the amend-
the Hualapai Tribe, including by a tribally
quality. ment is authorized, ratified, and confirmed, to
owned corporation.
(51) LOWER BASIN.—The term ‘‘lower basin’’ the extent the amendment is consistent with this
(40) HUALAPAI LAND.—The term ‘‘Hualapai
has the meaning given the term in article II(g) title.
land’’ means—
(A) the Hualapai Reservation; of the Colorado River Compact. (b) EXECUTION.—
(B) Hualapai trust land; and (52) LOWER COLORADO RIVER BASIN DEVELOP- (1) IN GENERAL.—To the extent the Hualapai
(C) Hualapai fee land. MENT FUND.—The term ‘‘Lower Colorado River Tribe water rights settlement agreement does not
(41) HUALAPAI RESERVATION.—The term Basin Development Fund’’ means the fund es- conflict with this title, the Secretary shall exe-
‘‘Hualapai Reservation’’ means the land within tablished by section 403(a) of the Colorado River cute the Hualapai Tribe water rights settlement
the exterior boundaries of the Hualapai Res- Basin Project Act (43 U.S.C. 1543(a)). agreement, including all exhibits to, or parts of,
ervation, including— (53) MEMBER.—The term ‘‘member’’ means the Hualapai Tribe water rights settlement
(A) all land withdrawn by the Executive order any person duly enrolled as a member of the agreement requiring the signature of the Sec-
dated January 4, 1883, as modified by the May Hualapai Tribe. retary.
28, 1942, order of the Secretary pursuant to the (54) OM&R.—The term ‘‘OM&R’’ means— (2) MODIFICATIONS.—Nothing in this title pro-
Act of February 20, 1925 (43 Stat. 954, chapter (A) any recurring or ongoing activity relating hibits the Secretary from approving any modi-
273); to the day-to-day operation of a project; fication to an appendix or exhibit to the
(B) the land identified by the Executive orders (B) any activity relating to scheduled or un- Hualapai Tribe water rights settlement agree-
dated December 22, 1898, May 14, 1900, and June scheduled maintenance of a project; and ment that is consistent with this title, to the ex-
2, 1911; and (C) any activity relating to replacing a feature tent the modification does not otherwise require
(C) the land added to the Hualapai Reserva- of a project. congressional approval under section 2116 of the
tion by sections 511 and 512. (55) PARCEL 1.—The term ‘‘Parcel 1’’ means Revised Statutes (25 U.S.C. 177) or any other ap-
(42) HUALAPAI TRIBE.—The term ‘‘Hualapai the parcel of land that is— plicable provision of Federal law.
Tribe’’ means the Hualapai Tribe, a federally (A) depicted as 3 contiguous allotments identi- (c) ENVIRONMENTAL COMPLIANCE.—
recognized Indian Tribe of Hualapai Indians or- fied as 1A, 1B, and 1C on the map attached to (1) IN GENERAL.—In implementing the
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ganized under section 16 of the Act of June 18, the Hualapai Tribe water rights settlement Hualapai Tribe water rights settlement agree-
1934 (25 U.S.C. 5123; commonly known as the agreement as Exhibit 3.1.6; and ment (including all exhibits to the Hualapai
‘‘Indian Reorganization Act’’). (B) held in trust for certain allottees. Tribe water rights settlement agreement requir-
(43) HUALAPAI TRIBE CAP WATER.—The term (56) PARCEL 2.—The term ‘‘Parcel 2’’ means ing the signature of the Secretary) and this title,
‘‘Hualapai Tribe CAP water’’ means the 4,000 the parcel of land that is— the Secretary shall comply with all applicable
AFY of the CAP NIA priority water that— (A) depicted as ‘‘Parcel 2’’ on the map at- provisions of—
(A) was previously allocated to non-Indian tached to the Hualapai Tribe water rights settle- (A) the Endangered Species Act of 1973 (16
agricultural entities; ment agreement as Exhibit 3.1.6; and U.S.C. 1531 et seq.);
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7451
(B) the National Environmental Policy Act of Tribe at the location to which the entitlement is count, the Secretary shall manage, invest, and
1969 (42 U.S.C. 4321 et seq.), including the imple- appurtenant on the date on which the entitle- distribute all amounts in the Hualapai Water
menting regulations of that Act; and ment is purchased or donated. Trust Fund Account in a manner that is con-
(C) all other applicable Federal environmental (2) STORAGE.— sistent with the investment authority of the Sec-
laws and regulations. (A) IN GENERAL.—Subject to paragraphs (3) retary under—
(2) COMPLIANCE.— and (5), the Hualapai Tribe may store Colorado (i) the first section of the Act of June 24, 1938
(A) IN GENERAL.—In implementing the River water available under any Colorado River (25 U.S.C. 162a);
Hualapai Tribe water rights settlement agree- water entitlement purchased by or donated to (ii) the American Indian Trust Fund Manage-
ment and this title, the Hualapai Tribe shall the Hualapai Tribe at underground storage fa- ment Reform Act of 1994 (25 U.S.C. 4001 et seq.);
prepare any necessary environmental docu- cilities or groundwater savings facilities located and
ments, consistent with all applicable provisions within the State and in accordance with State (iii) this subsection.
of— law. (B) INVESTMENT EARNINGS.—In addition to the
(i) the Endangered Species Act of 1973 (16 (B) ASSIGNMENTS.—The Hualapai Tribe may deposits made to the Hualapai Water Trust
U.S.C. 1531 et seq.); assign any long-term storage credits accrued as Fund Account under paragraph (2), any invest-
(ii) the National Environmental Policy Act of a result of storage under subparagraph (A) in ment earnings, including interest, credited to
1969 (42 U.S.C. 4321 et seq.), including the imple- accordance with State law. amounts held in the Hualapai Water Trust
menting regulations of that Act; and (3) TRANSFERS.—The Hualapai Tribe may Fund Account are authorized to be used in ac-
(iii) all other applicable Federal environ- transfer the entitlement for use or storage under cordance with paragraph (7).
paragraph (1) or (2), respectively, to another lo- (4) AVAILABILITY OF AMOUNTS.—
mental laws and regulations. (A) IN GENERAL.—Amounts appropriated to,
(B) AUTHORIZATIONS.—The Secretary shall— cation within the State, including the Hualapai
Reservation, in accordance with the Hualapai and deposited in, the Hualapai Water Trust
(i) independently evaluate the documentation Fund Account, including any investment earn-
submitted under subparagraph (A); and Tribe water rights settlement agreement and all
applicable Federal and State laws governing the ings, shall be made available to the Hualapai
(ii) be responsible for the accuracy, scope, and Tribe by the Secretary beginning on the En-
contents of that documentation. transfer of Colorado River water entitlements
within the State. forceability Date, subject to the requirements of
(3) EFFECT OF EXECUTION.—The execution of this section.
the Hualapai Tribe water rights settlement (4) LEASES.—The Hualapai Tribe may lease
(B) USE.—Notwithstanding subparagraph (A),
agreement by the Secretary under this section any Colorado River water entitlement for use or
amounts deposited in the Hualapai Water Trust
shall not constitute a major action for purposes storage under paragraph (1) or (2), respectively,
Fund Account shall be available to the
of the National Environmental Policy Act of to a water user within the State, in accordance
Hualapai Tribe on the date on which the
1969 (42 U.S.C. 4321 et seq.). with the Hualapai Tribe water rights settlement
amounts are deposited for environmental com-
SEC. 505. WATER RIGHTS. agreement and all applicable Federal and State
pliance, as provided in section 508.
laws governing the transfer of Colorado River (5) WITHDRAWALS.—
(a) WATER RIGHTS TO BE HELD IN TRUST.—
water entitlements within the State. (A) WITHDRAWALS UNDER THE AMERICAN IN-
(1) HUALAPAI TRIBE.—The United States shall
(5) TRANSPORTS.—The Hualapai Tribe, or any DIAN TRUST FUND MANAGEMENT REFORM ACT OF
hold the following water rights in trust for the
person who leases a Colorado River water enti- 1994.—
benefit of the Hualapai Tribe:
tlement from the Hualapai Tribe under para- (i) IN GENERAL.—The Hualapai Tribe may
(A) The water rights for the Hualapai Res-
graph (4), may transport Colorado River water withdraw any portion of the amounts in the
ervation described in subparagraph 4.2 of the
available under the Colorado River water enti- Hualapai Water Trust Fund Account on ap-
Hualapai Tribe water rights settlement agree-
tlement through the Central Arizona Project in proval by the Secretary of a Tribal management
ment.
accordance with all laws of the United States plan submitted by the Tribe in accordance with
(B) The water rights for Hualapai trust land
and the agreements between the United States the American Indian Trust Fund Management
described in subparagraph 4.4 of the Hualapai
and the Central Arizona Water Conservation Reform Act of 1994 (25 U.S.C. 4001 et seq.).
Tribe water rights settlement agreement.
District governing the use of the Central Ari- (ii) REQUIREMENTS.—In addition to the re-
(C) The water rights described in section
zona Project to transport water other than CAP quirements under the American Indian Trust
512(e)(2) for any land taken into trust by the
water. Fund Management Reform Act of 1994 (25
United States for the benefit of the Hualapai
(f) USE OFF-RESERVATION.—No water rights to U.S.C. 4001 et seq.), the Tribal management plan
Tribe—
groundwater under the Hualapai Reservation or under this subparagraph shall require that the
(i) after the Enforceability Date; and
Hualapai trust land, or to surface water on the Hualapai Tribe spend all amounts withdrawn
(ii) in accordance with section 512(e)(1).
Hualapai Reservation or Hualapai trust land, from the Hualapai Water Trust Fund Account
(D) All Hualapai Tribe CAP water.
may be sold, leased, transferred, or used outside and any investment earnings accrued through
(2) ALLOTTEES.—The United States shall hold
the boundaries of the Hualapai Reservation or the investments under the Tribal management
in trust for the benefit of the allottees all water
Hualapai trust land, other than under an ex- plan in accordance with this title.
rights for the allotments described in subpara-
change. (iii) ENFORCEMENT.—The Secretary may carry
graph 4.3.2 of the Hualapai Tribe water rights (g) GROUNDWATER TRANSPORTATION.—
settlement agreement. out such judicial and administrative actions as
(1) FEE LAND.—Groundwater may be trans- the Secretary determines to be necessary to en-
(b) FORFEITURE AND ABANDONMENT.—The fol- ported in accordance with State law away from
lowing water rights shall not be subject to loss force the Tribal management plan under this
Hualapai fee land and away from land acquired subparagraph to ensure that amounts with-
through non-use, forfeiture, abandonment, or in fee by the Hualapai Tribe, including by a
other operation of law: drawn by the Hualapai Tribe from the Hualapai
tribally owned corporation, after the Enforce- Water Trust Fund Account under clause (i) are
(1) The water rights for the Hualapai Reserva- ability Date.
tion described in subparagraph 4.2 of the used in accordance with this title.
(2) LAND ADDED TO HUALAPAI RESERVATION.— (B) WITHDRAWALS UNDER EXPENDITURE
Hualapai Tribe water rights settlement agree- Groundwater may be transported in accordance PLAN.—
ment. with State law away from land added to the (i) IN GENERAL.—The Hualapai Tribe may sub-
(2) The water rights for Hualapai trust land Hualapai Reservation by sections 511 and 512 to mit to the Secretary a request to withdraw funds
described in subparagraph 4.4 of the Hualapai other land within the Hualapai Reservation. from the Hualapai Water Trust Fund Account
Tribe water rights settlement agreement. SEC. 506. HUALAPAI WATER TRUST FUND AC- pursuant to an approved expenditure plan.
(3) Any Colorado River water entitlement pur- COUNT; CONSTRUCTION OF (ii) REQUIREMENTS.—To be eligible to with-
chased by the Hualapai Tribe wholly or sub- HUALAPAI WATER PROJECT; FUND- draw amounts under an expenditure plan under
stantially with amounts in the Economic Devel- ING. this subparagraph, the Hualapai Tribe shall
opment Fund described in section 8.1 of the (a) HUALAPAI WATER TRUST FUND ACCOUNT.— submit to the Secretary an expenditure plan for
Amended and Restated Hualapai Tribe Bill Wil- (1) ESTABLISHMENT.—The Secretary shall es- any portion of the Hualapai Water Trust Fund
liams River Water Rights Settlement Agreement. tablish a trust fund account, to be known as the Account that the Hualapai Tribe elects to with-
(c) ALIENATION.—Any Colorado River water ‘‘Hualapai Water Trust Fund Account’’, to be draw pursuant to this subparagraph, subject to
entitlement purchased by the Hualapai Tribe managed, invested, and distributed by the Sec- the condition that the amounts shall be used for
wholly or substantially with amounts in the retary and to remain available until expended, the purposes described in this title.
Economic Development Fund described in sec- withdrawn, or reverted to the general fund of (iii) INCLUSIONS.—An expenditure plan under
tion 8.1 of the Amended and Restated Hualapai the Treasury, consisting of the amounts depos- this subparagraph shall include a description of
Tribe Bill Williams River Water Rights Settle- ited in the Hualapai Water Trust Fund Account the manner and purpose for which the amounts
ment Agreement shall be restricted against per- under paragraph (2), together with any interest proposed to be withdrawn from the Hualapai
manent alienation by the Hualapai Tribe. earned on those amounts, for the purposes of Water Trust Fund Account will be used by the
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(d) HUALAPAI TRIBE CAP WATER.—The carrying out this title. Hualapai Tribe, in accordance with paragraph
Hualapai Tribe shall have the right to divert, (2) DEPOSITS.—The Secretary shall deposit in (7).
use, and store the Hualapai Tribe CAP water in the Hualapai Water Trust Fund Account the (iv) APPROVAL.—The Secretary shall approve
accordance with section 513. amounts made available pursuant to section an expenditure plan submitted under clause (ii)
(e) COLORADO RIVER WATER ENTITLEMENTS.— 507(a)(1). if the Secretary determines that the plan—
(1) USES.—The Hualapai Tribe shall have the (3) MANAGEMENT AND INTEREST.— (I) is reasonable; and
right to use any Colorado River water entitle- (A) MANAGEMENT.—On receipt and deposit of (II) is consistent with, and will be used for,
ment purchased by or donated to the Hualapai funds into the Hualapai Water Trust Fund Ac- the purposes of this title.
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H7452 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(v) ENFORCEMENT.—The Secretary may carry (b) HUALAPAI WATER SETTLEMENT IMPLEMEN- (3) all other applicable Federal environmental
out such judicial and administrative actions as TATION FUND ACCOUNT.— or historical and cultural protection laws and
the Secretary determines to be necessary to en- (1) ESTABLISHMENT.—There is established in regulations.
force an expenditure plan to ensure that the Treasury of the United States a nontrust, (b) NO EFFECT ON OUTCOME.—Nothing in this
amounts disbursed under this subparagraph are interest-bearing account, to be known as the title affects or directs the outcome of any anal-
used in accordance with this title. ‘‘Hualapai Water Settlement Implementation ysis under the National Environmental Policy
(6) EFFECT OF TITLE.—Nothing in this section Fund Account’’ (referred to in this subsection as Act of 1969 (42 U.S.C. 4321 et seq.) or any other
gives the Hualapai Tribe the right to judicial re- the ‘‘Implementation Fund Account’’) to be applicable Federal environmental or historical
view of a determination of the Secretary relating managed and distributed by the Secretary, for and cultural protection law.
to whether to approve a Tribal management use by the Secretary for carrying out this title. (c) COMPLIANCE COSTS.—Any costs associated
plan under paragraph (5)(A) or an expenditure (2) DEPOSITS.—The Secretary shall deposit in with the performance of the compliance activi-
plan under paragraph (5)(B) except under sub- the Implementation Fund Account the amounts ties under subsection (a) shall be paid from
chapter II of chapter 5, and chapter 7, of title 5, made available pursuant to section 507(a)(2). funds deposited in the Hualapai Water Trust
United States Code (commonly known as the (3) USES.—The Implementation Fund Account Fund Account, subject to the condition that any
‘‘Administrative Procedure Act’’). shall be used by the Secretary to carry out sec- costs associated with the performance of Federal
(7) USES.—Amounts from the Hualapai Water tion 515(c), including for groundwater moni- approval or other review of such compliance
Trust Fund Account shall be used by the toring in the Truxton Basin. work or costs associated with inherently Federal
Hualapai Tribe— (4) INTEREST.—In addition to the deposits functions shall remain the responsibility of the
(A) to plan, design, construct, and conduct re- under paragraph (2), any investment earnings, Secretary.
lated activities, including compliance with Fed- including interest, credited to amounts unex- (d) RECORD OF DECISION.—Construction of the
eral environmental laws under section 508, the pended in the Implementation Fund Account Hualapai Water Project shall not commence
Hualapai Water Project, which shall be de- are authorized to be appropriated to be used in until the Secretary issues a record of decision
signed to divert, treat, and convey up to 3,414 accordance with paragraph (3). after completion of an environmental impact
AFY of water from the Colorado River in the SEC. 507. AUTHORIZATIONS OF APPROPRIATIONS. statement for the Hualapai Water Project.
lower basin in the State, including locations on (e) CONSTRUCTION COSTS.—Any costs of con-
(a) AUTHORIZATIONS.—
or directly adjacent to the Hualapai Reserva- (1) HUALAPAI WATER TRUST FUND ACCOUNT.— struction incurred by the Hualapai Tribe during
tion, for municipal, commercial, and industrial There is authorized to be appropriated to the the period beginning on the date on which the
uses on the Hualapai Reservation; Secretary for deposit in the Hualapai Water Secretary issues a record of decision and ending
(B) to perform OM&R on the Hualapai Water Trust Fund Account $180,000,000, to be available on the Enforceability Date shall be paid by the
Project; until expended, withdrawn, or reverted to the Hualapai Tribe and not from funds deposited in
(C) to construct facilities to transport elec- general fund of the Treasury. the Hualapai Water Trust Fund Account, sub-
trical power to pump water for the Hualapai (2) HUALAPAI WATER SETTLEMENT IMPLEMEN- ject to the condition that, pursuant to section
Water Project; TATION FUND ACCOUNT.—There is authorized to
506(a)(7)(F), the Hualapai Tribe may be reim-
(D) to construct, repair, and replace such in- be appropriated to the Secretary for deposit in bursed after the Enforceability Date from the
frastructure as may be necessary for ground- the Hualapai Water Settlement Implementation Hualapai Water Trust Fund Account for any
water wells on the Hualapai Reservation and to Fund account established by section 506(b)(1) such costs of construction incurred by the
construct infrastructure for delivery and use of $5,000,000. Hualapai Tribe prior to the Enforceability Date.
such groundwater on the Hualapai Reservation; (3) PROHIBITION.—Notwithstanding any other SEC. 509. WAIVERS, RELEASES, AND RETENTIONS
(E) to acquire land, interests in land, and OF CLAIMS.
provision of law, any amounts made available
water rights outside the exterior boundaries of under paragraph (1) or (2) shall not be made (a) WAIVERS AND RELEASES OF CLAIMS BY THE
the Hualapai Reservation that are located in available from the Reclamation Water Settle- HUALAPAI TRIBE.—
the Truxton Basin; (1) CLAIMS AGAINST THE STATE AND OTHERS.—
ments Fund established by section 10501(a) of
(F) to reimburse the Hualapai Tribe for any— (A) IN GENERAL.—Except as provided in sub-
the Omnibus Public Land Management Act of
(i) planning, design, and engineering costs as- paragraph (C), the Hualapai Tribe, on behalf of
2009 (43 U.S.C. 407(a)) until 2034.
sociated with the Hualapai Water Project that the Hualapai Tribe and the members of the
(b) FLUCTUATION IN COSTS.—
the Hualapai Tribe incurs using Tribal funds Hualapai Tribe (but not members in the capac-
(1) IN GENERAL.—The amount authorized to be
during the period— ity of the members as allottees) and the United
appropriated under subsection (a)(1) shall be in-
(I) beginning on the date of the enactment of States, acting as trustee for the Hualapai Tribe
creased or decreased, as appropriate, by such
this title; and and the members of the Hualapai Tribe (but not
amounts as may be justified by reason of ordi-
(II) ending on the Enforceability Date; and members in the capacity of the members as
nary fluctuations in costs occurring after the
(ii) construction costs associated with the allottees), as part of the performance of the re-
date of the enactment of this title, as indicated
Hualapai Water Project that the Hualapai Tribe spective obligations of the Hualapai Tribe and
by the Bureau of Reclamation Construction Cost
incurs using Tribal funds during the period— the United States under the Hualapai Tribe
(I) beginning on the date on which the Sec- Index—Composite Trend.
water rights settlement agreement and this title,
(2) CONSTRUCTION COSTS ADJUSTMENT.—The
retary issues a record of decision; and are authorized to execute a waiver and release
(II) ending on the Enforceability Date; and amount authorized to be appropriated under
of any claims against the State (or any agency
(G) to make contributions to the Economic De- subsection (a)(1) shall be adjusted to address
or political subdivision of the State) and any
velopment Fund described in section 8.1 of the construction cost changes necessary to account
other individual, entity, corporation, or munic-
Amended and Restated Hualapai Tribe Bill Wil- for unforeseen market volatility that may not
ipal corporation under Federal, State, or other
liams River Water Rights Settlement Agreement otherwise be captured by engineering cost indi-
law for all—
for the purpose of purchasing additional Colo- ces as determined by the Secretary, including re- (i) past, present, and future claims for water
rado River water entitlements and appurtenant pricing applicable to the types of construction rights, including rights to Colorado River water,
land. and current industry standards involved. for Hualapai land, arising from time immemorial
(8) LIABILITY.—The Secretary and the Sec- (3) REPETITION.—The adjustment process
and, thereafter, forever;
retary of the Treasury shall not be liable for the under this subsection shall be repeated for each (ii) past, present, and future claims for water
expenditure or investment of any amounts with- subsequent amount appropriated until the rights, including rights to Colorado River water,
drawn from the Hualapai Water Trust Fund Ac- amount authorized, as adjusted, has been ap- arising from time immemorial and, thereafter,
count by the Hualapai Tribe under paragraph propriated. forever, that are based on the aboriginal occu-
(5). (4) PERIOD OF INDEXING.—The period of index- pancy of land by the Hualapai Tribe, the prede-
(9) TITLE TO INFRASTRUCTURE.—Title to, con- ing adjustment for any increment of funding cessors of the Hualapai Tribe, the members of
trol over, and operation of any project con- shall end on the date on which the funds are the Hualapai Tribe, or predecessors of the mem-
structed using funds from the Hualapai Water deposited in the Hualapai Water Trust Fund bers of the Hualapai Tribe;
Trust Fund Account shall remain in the Account. (iii) past and present claims for injury to
Hualapai Tribe. SEC. 508. ENVIRONMENTAL COMPLIANCE. water rights, including injury to rights to Colo-
(10) OM&R.—All OM&R costs of any project (a) IN GENERAL.—Effective beginning on the rado River water, for Hualapai land, arising
constructed using funds from the Hualapai date of deposit of funds in the Hualapai Water from time immemorial through the Enforce-
Water Trust Fund Account shall be the respon- Trust Fund Account, the Hualapai Tribe may ability Date;
sibility of the Hualapai Tribe. commence any environmental, cultural, and his- (iv) past, present, and future claims for injury
(11) NO PER CAPITA DISTRIBUTIONS.—No por- torical compliance activities necessary to imple- to water rights, including injury to rights to
tion of the Hualapai Water Trust Fund Account ment the Hualapai Tribe water rights settlement Colorado River water, arising from time imme-
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shall be distributed on a per capita basis to any agreement and this title, including activities morial and, thereafter, forever, that are based
member of the Hualapai Tribe. necessary to comply with all applicable provi- on the aboriginal occupancy of land by the
(12) EXPENDITURE REPORTS.—The Hualapai sions of— Hualapai Tribe, the predecessors of the
Tribe shall annually submit to the Secretary an (1) the Endangered Species Act of 1973 (16 Hualapai Tribe, the members of the Hualapai
expenditure report describing accomplishments U.S.C. 1531 et seq.); Tribe, or predecessors of the members of the
and amounts spent from use of withdrawals (2) the National Environmental Policy Act of Hualapai Tribe;
under a Tribal management plan or an expendi- 1969 (42 U.S.C. 4321 et seq.), including the imple- (v) claims for injury to water rights, including
ture plan under this title. menting regulations of that Act; and injury to rights to Colorado River water, arising
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7453
after the Enforceability Date, for Hualapai (BB) the replacement well was constructed pacity of the members as allottees) as part of the
land, resulting from the off-reservation diver- within 660 feet of the well being replaced; and performance of the obligations of the Hualapai
sion or use of surface water, Colorado River (CC) the pumping capacity and case diameter Tribe under the Hualapai Tribe water rights set-
water, or effluent in a manner not in violation of the replacement well do not exceed the pump- tlement agreement and this title, is authorized
of the Hualapai Tribe water rights settlement ing capacity and case diameter of the well being to execute a waiver and release of all claims
agreement or State law; replaced. against the United States, including agencies,
(vi) past, present, and future claims arising (B) EFFECTIVE DATE.—The waiver and release officials, and employees of the United States,
out of, or relating in any manner to, the nego- of claims described in subparagraph (A) shall under Federal, State, or other law for all—
tiation, execution, or adoption of the Hualapai take effect on the Enforceability Date. (i) past, present, and future claims for water
Tribe water rights settlement agreement, any (C) RESERVATION OF RIGHTS AND RETENTION rights, including rights to Colorado River water,
judgment or decree approving or incorporating OF CLAIMS.—Notwithstanding the waiver and for Hualapai land, arising from time immemorial
the Hualapai Tribe water rights settlement release of claims described in subparagraph (A), and, thereafter, forever;
agreement, or this title; the Hualapai Tribe, acting on behalf of the (ii) past, present, and future claims for water
(vii) claims for water rights of the Hualapai Hualapai Tribe and the members of the rights, including rights to Colorado River water,
Tribe or the United States, acting as trustee for Hualapai Tribe, and the United States, acting arising from time immemorial and, thereafter,
the Hualapai Tribe and members of the as trustee for the Hualapai Tribe and the mem- forever, that are based on the aboriginal occu-
Hualapai Tribe, with respect to Parcel 3, in ex- bers of the Hualapai Tribe (but not members in pancy of land by the Hualapai Tribe, the prede-
cess of 300 AFY; the capacity of the members as allottees), shall cessors of the Hualapai Tribe, the members of
(viii) claims for injury to water rights arising retain any right— the Hualapai Tribe, or predecessors of the mem-
after the Enforceability Date for Hualapai land (i) subject to subparagraph 12.7 of the bers of the Hualapai Tribe;
resulting from the off-reservation diversion or Hualapai Tribe water rights settlement agree- (iii) past and present claims relating in any
use of groundwater from— ment, to assert claims for injuries to, and seek manner to damages, losses, or injury to water
(I) any well constructed outside of the enforcement of, the rights of the Hualapai Tribe rights (including injury to rights to Colorado
Truxton Basin on or before the date of the en- under the Hualapai Tribe water rights settle- River water), land, or other resources due to loss
actment of this title;
ment agreement or this title in any Federal or of water or water rights (including damages,
(II) any well constructed outside of the
State court of competent jurisdiction; losses, or injuries to hunting, fishing, gathering,
Truxton Basin, and not more than 2 miles from
(ii) to assert claims for injuries to, and seek or cultural rights due to loss of water or water
the exterior boundaries of the Hualapai Res-
enforcement of, the rights of the Hualapai Tribe rights, claims relating to interference with, di-
ervation, after the date of the enactment of this
under any judgment or decree approving or in- version, or taking of water, or claims relating to
title if—
(aa) the well was constructed to replace a well corporating the Hualapai Tribe water rights set- the failure to protect, acquire, or develop water,
in existence on the date of the enactment of this tlement agreement; water rights, or water infrastructure) within the
title; (iii) to assert claims for water rights based on State that first accrued at any time prior to the
(bb) the replacement well was constructed State law for land owned or acquired by the Enforceability Date;
within 660 feet of the well being replaced; and Hualapai Tribe in fee, under subparagraph 4.8 (iv) past and present claims for injury to
(cc) the pumping capacity and case diameter of the Hualapai Tribe water rights settlement water rights, including injury to rights to Colo-
of the replacement well do not exceed the pump- agreement; rado River water, for Hualapai land, arising
ing capacity and case diameter of the well being (iv) to object to any claims for water rights or from time immemorial through the Enforce-
replaced; or injury to water rights by or for any Indian ability Date;
(III) any well constructed outside the Truxton Tribe or the United States, acting on behalf of (v) past, present, and future claims for injury
Basin, and not less than 2 miles from the exte- any Indian Tribe; to water rights, including injury to rights to
rior boundaries of the Hualapai Reservation, (v) to assert past, present, or future claims for Colorado River water, arising from time imme-
after the date of the enactment of this title, sub- injury to water rights against any Indian Tribe morial and, thereafter, forever, that are based
ject to the condition that the authorizations and or the United States, acting on behalf of any In- on the aboriginal occupancy of land by the
restrictions regarding the location, size, and op- dian Tribe; Hualapai Tribe, the predecessors of the
eration of wells in the Bill Williams River water- (vi) to assert claims for injuries to, and seek Hualapai Tribe, the members of the Hualapai
shed set forth in the Bill Williams agreements enforcement of, the rights of the Hualapai Tribe Tribe, or predecessors of the members of the
and the Bill Williams Act, and the waivers of under the Bill Williams agreements or the Bill Hualapai Tribe;
claims in the Bill Williams agreements and the Williams Act in any Federal or State court of (vi) claims for injury to water rights, includ-
Bill Williams Act, shall continue to apply to the competent jurisdiction; ing injury to rights to Colorado River water,
parties to the Bill Williams agreements, notwith- (vii) subject to paragraphs (1), (3), (4), and (5) arising after the Enforceability Date for
standing the provisions of this subsection; and of section 505(e), to assert the rights of the Hualapai land, resulting from the off-reserva-
(ix) claims for injury to water rights arising Hualapai Tribe under any Colorado River water tion diversion or use of surface water, Colorado
after the Enforceability Date, for Hualapai entitlement purchased by or donated to the River water, or effluent in a manner not in vio-
land, resulting from the off-reservation diver- Hualapai Tribe; and lation of the Hualapai Tribe water rights settle-
sion or use of groundwater in the Truxton Basin (viii) to assert claims for injury to water rights ment agreement or State law;
from— arising after the Enforceability Date for (vii) past, present, and future claims arising
(I) any well constructed within the Truxton Hualapai land resulting from any off-reserva- out of, or relating in any manner to, the nego-
Basin for domestic purposes or stock watering— tion diversion or use of groundwater, without tiation, execution, or adoption of the Hualapai
(aa) on or before the date on which the Sec- regard to quantity, from— Tribe water rights settlement agreement, any
retary provides written notice to the State pur- (I) any well constructed after the date of the judgment or decree approving or incorporating
suant to section 515(c)(2); or enactment of this Act outside of the Truxton the Hualapai Tribe water rights settlement
(bb) after the date on which the Secretary Basin and not more than 2 miles from the exte- agreement, or this title;
provides written notice to the State pursuant to rior boundaries of the Hualapai Reservation, ex- (viii) claims for injury to water rights arising
that section if— cept a replacement well described in subpara-
(AA) the well was constructed to replace a after the Enforceability Date for Hualapai land
graph (A)(viii)(II), subject to the authorizations resulting from the off-Reservation diversion or
well in existence on the date on which the no-
and restrictions regarding the location, size, and use of groundwater from—
tice was provided;
operation of wells in the Bill Williams River wa- (I) any well constructed on public domain
(BB) the replacement well was constructed
tershed, and the waivers of claims, set forth in land outside of the Truxton Basin on or before
within 660 feet of the well being replaced; and
(CC) the pumping capacity and case diameter the Bill Williams agreements and the Bill Wil- the date of the enactment of this title;
of the replacement well do not exceed the pump- liams Act; (II) any well constructed on public domain
ing capacity and case diameter of the well being (II) any well constructed within the Truxton land outside of the Truxton Basin, and not more
replaced; and Basin for domestic purposes or stock watering than 2 miles from the exterior boundaries of the
(II) any well constructed within the Truxton after the date on which the Secretary has pro- Hualapai Reservation, after the date of the en-
Basin for purposes other than domestic purposes vided written notice to the State pursuant to actment of this title if—
or stock watering— section 515(c)(2), except for a replacement well (aa) the well was constructed to replace a well
(aa) on or before the date of the enactment of described in subparagraph (A)(ix)(I)(bb); and in existence on the date of the enactment of this
this title; (III) any well constructed within the Truxton title;
(bb) after the date of the enactment of this Basin for purposes other than domestic purposes (bb) the replacement well was constructed
title if the Secretary has not provided written or stock watering after the date of the enact- within 660 feet of the well being replaced; and
notice to the State pursuant to section 515(c)(2); ment of this Act, if the Secretary has provided (cc) the pumping capacity and case diameter
SSpencer on DSK126QN23PROD with HOUSE
or notice to the State pursuant to section 515(c)(2), of the replacement well do not exceed the pump-
(cc) after the date of the enactment of this except for a replacement well as described in ing capacity and case diameter of the well being
title if the Secretary has provided written notice subparagraph (A)(ix)(II)(cc). replaced; or
to the State pursuant to section 515(c)(2) and (2) CLAIMS AGAINST UNITED STATES.— (III) any well constructed on public domain
if— (A) IN GENERAL.—Except as provided in sub- land outside of the Truxton Basin, and not less
(AA) the well was constructed to replace a paragraph (C), the Hualapai Tribe, acting on than 2 miles from the exterior boundaries of the
well in existence on the on which date the no- behalf of the Hualapai Tribe and the members of Hualapai Reservation, after the date of the en-
tice was provided; the Hualapai Tribe (but not members in the ca- actment of this Act, subject to the condition that
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H7454 CONGRESSIONAL RECORD — HOUSE July 29, 2022
the authorizations and restrictions regarding (vi) to assert claims for injuries to, and seek judgment or decree approving or incorporating
the location, size, and operation of wells in the enforcement of, the rights of the Hualapai Tribe the Hualapai Tribe water rights settlement
Bill Williams River watershed set forth in the under the Bill Williams agreements or the Bill agreement, or this title; and
Bill Williams agreements and the Bill Williams Williams Act in any Federal or State court of (G) claims for any water rights of the allottees
Act, and the waivers of claims in the Bill Wil- competent jurisdiction; or the United States acting as trustee for the
liams agreements and the Bill Williams Act, (vii) subject to paragraphs (1), (3), (4), and (5) allottees with respect to—
shall continue to apply to the parties to the Bill of section 505(e), to assert the rights of the (i) Parcel 1, in excess of 82 AFY; or
Williams agreements, notwithstanding the provi- Hualapai Tribe under any Colorado River water (ii) Parcel 2, in excess of 312 AFY.
sions of this subsection; and entitlement purchased by or donated to the (2) EFFECTIVE DATE.—The waiver and release
(ix) claims for injury to water rights arising Hualapai Tribe; and of claims under paragraph (1) shall take effect
after the Enforceability Date for Hualapai land (viii) to assert any claims for injury to water on the Enforceability Date.
resulting from the off-reservation diversion or rights arising after the Enforceability Date for (3) RETENTION OF CLAIMS.—Notwithstanding
use of groundwater in the Truxton Basin from— Hualapai land resulting from any off-reserva- the waiver and release of claims described in
(I) any well constructed on public domain tion diversion or use of groundwater, without paragraph (1), the United States, acting as
land within the Truxton Basin for domestic pur- regard to quantity, from— trustee for the allottees of the Hualapai Tribe,
poses or stock watering— (I) any well constructed after the date of the shall retain any right—
(aa) on or before the date on which the Sec- enactment of this title on public domain land (A) subject to subparagraph 12.7 of the
retary provides written notice to the State pur- outside of the Truxton Basin and not more than Hualapai Tribe water rights settlement agree-
suant to section 515(c)(2); or 2 miles from the exterior boundaries of the ment, to assert claims for injuries to, and seek
(bb) after the date on which the Secretary Hualapai Reservation, except for a replacement enforcement of, the rights of the allottees, if
provides written notice to the State pursuant to well described in subparagraph (A)(viii)(II), any, under the Hualapai Tribe water rights set-
that section if— subject to the authorizations and restrictions re- tlement agreement or this title in any Federal or
(AA) the well was constructed to replace a garding the location, size, and operation of State court of competent jurisdiction;
well in existence on the date on which the no- wells in the Bill Williams River watershed, and (B) to assert claims for injuries to, and seek
tice was provided; the waivers of claims, set forth in the Bill Wil- enforcement of, the rights of the allottees under
(BB) the replacement well was constructed liams agreements and the Bill Williams Act; any judgment or decree approving or incor-
within 660 feet of the well being replaced; and (II) any well constructed on public domain porating the Hualapai Tribe water rights settle-
(CC) the pumping capacity and case diameter land within the Truxton Basin for domestic pur- ment agreement;
of the replacement well do not exceed the pump- poses or stock watering after the date on which (C) to object to any claims for water rights or
ing capacity and case diameter of the well being the Secretary has provided written notice to the injury to water rights by or for—
replaced; and State pursuant to section 515(c)(2), except for a (i) any Indian Tribe other than the Hualapai
(II) any well constructed on public domain replacement well described in subparagraph Tribe; or
land within the Truxton Basin for purposes (A)(ix)(I)(bb); and (ii) the United States, acting on behalf of any
other than domestic purposes or stock water- (III) any well constructed on public domain Indian Tribe other than the Hualapai Tribe;
ing— land within the Truxton Basin for purposes (D) to assert past, present, or future claims for
(aa) on or before the date of the enactment of other than domestic purposes or stock watering injury to water rights against—
this title; after the date of the enactment of this title, if (i) any Indian Tribe other than the Hualapai
(bb) after the date of the enactment of this the Secretary has provided notice to the State Tribe; or
title if the Secretary has not provided written pursuant to section 515(c)(2), except for a re- (ii) the United States, acting on behalf of any
notice to the State pursuant to section 515(c)(2); placement well as described in subparagraph Indian Tribe other than the Hualapai Tribe;
or (A)(ix)(II)(cc). and
(cc) after the date of the enactment of this (b) WAIVERS AND RELEASES OF CLAIMS BY (E) to assert claims for injuries to, and seek
title if the Secretary has provided written notice UNITED STATES, ACTING AS TRUSTEE FOR enforcement of, the rights of the allottees under
to the State pursuant to section 515(c)(2) and ALLOTTEES.— the Bill Williams agreements or the Bill Williams
if— (1) IN GENERAL.—Except as provided in para- Act in any Federal or State court of competent
(AA) the well was constructed to replace a graph (3), the United States, acting as trustee jurisdiction.
well in existence on the date on which the no- for the allottees of the Hualapai Tribe, as part (c) WAIVER AND RELEASE OF CLAIMS BY
tice was provided; of the performance of the obligations of the UNITED STATES AGAINST HUALAPAI TRIBE.—
(BB) the replacement well was constructed United States under the Hualapai Tribe water (1) IN GENERAL.—Except as provided in para-
within 660 feet of the well being replaced; and rights settlement agreement and this title, is au- graph (3), the United States, in all capacities
(CC) the pumping capacity and case diameter thorized to execute a waiver and release of any (except as trustee for an Indian Tribe other
of the replacement well do not exceed the pump- claims against the State (or any agency or polit- than the Hualapai Tribe), as part of the per-
ing capacity and case diameter of the well being ical subdivision of the State), the Hualapai formance of the obligations of the United States
replaced. Tribe, and any other individual, entity, cor- under the Hualapai Tribe water rights settle-
(B) EFFECTIVE DATE.—The waiver and release poration, or municipal corporation under Fed- ment agreement and this title, is authorized to
of claims described in subparagraph (A) shall eral, State, or other law, for all— execute a waiver and release of all claims
take effect on the Enforceability Date. (A) past, present, and future claims for water against the Hualapai Tribe, the members of the
(C) RETENTION OF CLAIMS.—Notwithstanding rights, including rights to Colorado River water, Hualapai Tribe, or any agency, official, or em-
the waiver and release of claims described in for the allotments, arising thereafter, forever, ployee of the Hualapai Tribe, under Federal,
subparagraph (A), the Hualapai Tribe and the that are based on the aboriginal occupancy of State or any other law for all—
members of the Hualapai Tribe (but not members land by the allottees or predecessors of the (A) past and present claims for injury to
in the capacity of the members as allottees) shall allottees from time immemorial and, thereafter, water rights, including injury to rights to Colo-
retain any right— forever; rado River water, resulting from the diversion or
(i) subject to subparagraph 12.7 of the (B) past, present, and future claims for water use of water on Hualapai land arising from time
Hualapai Tribe water rights settlement agree- rights, including rights to Colorado River water, immemorial through the Enforceability Date;
ment, to assert claims for injuries to, and seek arising from time immemorial and, (B) claims for injury to water rights, includ-
enforcement of, the rights of the Hualapai Tribe (C) past and present claims for injury to water ing injury to rights to Colorado River water,
under the Hualapai Tribe water rights settle- rights, including injury to rights to Colorado arising after the Enforceability Date, resulting
ment agreement or this title in any Federal or River water, for the allotments, arising from from the diversion or use of water on Hualapai
State court of competent jurisdiction; time immemorial through the Enforceability land in a manner that is not in violation of the
(ii) to assert claims for injuries to, and seek Date; Hualapai Tribe water rights settlement agree-
enforcement of, the rights of the Hualapai Tribe (D) past, present, and future claims for injury ment or State law; and
under any judgment or decree approving or in- to water rights, if any, including injury to (C) past, present, and future claims arising
corporating the Hualapai Tribe water rights set- rights to Colorado River water, arising from time out of, or related in any manner to, the negotia-
tlement agreement; immemorial and, thereafter, forever, that are tion, execution, or adoption of the Hualapai
(iii) to assert claims for water rights based on based on the aboriginal occupancy of land by Tribe water rights settlement agreement, any
State law for land owned or acquired by the the allottees or predecessors of the allottees; judgment or decree approving or incorporating
Hualapai Tribe in fee under subparagraph 4.8 of (E) claims for injury to water rights, including the Hualapai Tribe water rights settlement
the Hualapai Tribe water rights settlement injury to rights to Colorado River water, arising agreement, or this title.
agreement; after the Enforceability Date, for the allotments, (2) EFFECTIVE DATE.—The waiver and release
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(iv) to object to any claims for water rights or resulting from the off-reservation diversion or of claims under paragraph (1) shall take effect
injury to water rights by or for any Indian use of water in a manner not in violation of the on the Enforceability Date.
Tribe or the United States, acting on behalf of Hualapai Tribe water rights settlement agree- (3) RETENTION OF CLAIMS.—Notwithstanding
any Indian Tribe; ment or State law; the waiver and release of claims described in
(v) to assert past, present, or future claims for (F) past, present, and future claims arising paragraph (1), the United States shall retain
injury to water rights against any Indian Tribe out of, or relating in any manner to, the nego- any right to assert any claim not expressly
or the United States, acting on behalf of any In- tiation, execution, or adoption of the Hualapai waived in accordance with that paragraph, in-
dian Tribe; Tribe water rights settlement agreement, any cluding any right to assert a claim for injury to,
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7455
and seek enforcement of, any right of the (iii) any proceeding regarding water rights or suant to the first section of Public Law 93–560
United States under the Bill Williams agree- a claim relating to any Federal land. (88 Stat. 1820).
ments or the Bill Williams Act, in any Federal (B) NO METHODOLOGY OR STANDARD.—Nothing (2) 1947 JUDGMENT.—The land deeded to the
or State court of competent jurisdiction. in the Bill Williams River phase 2 water rights United States in the capacity of the United
(d) BILL WILLIAMS RIVER PHASE 2 WATER settlement agreement establishes any standard States as trustee for the Hualapai Tribe pursu-
RIGHTS SETTLEMENT AGREEMENT WAIVER, RE- or methodology to be used for the quantification ant to the 1947 judgment.
LEASE, AND RETENTION OF CLAIMS.— of any claim to water rights (whether based on (3) TRUXTON TRIANGLE.—That portion of the
(1) CLAIMS AGAINST FREEPORT.— Federal or State law) in any judicial or adminis- S1/2 sec. 3, lying south of the south boundary of
(A) IN GENERAL.—Except as provided in sub- trative proceeding, other than a proceeding to the Hualapai Reservation and north of the
paragraph (C), the United States, acting solely enforce the terms of the Bill Williams River north right-of-way boundary of Arizona High-
on behalf of the Department of the Interior (in- phase 2 water rights settlement agreement. way 66, and bounded by the west section line of
cluding the Bureau of Land Management and SEC. 510. SATISFACTION OF WATER RIGHTS AND that sec. 3 and the south section line of that sec.
the United States Fish and Wildlife Service), as OTHER BENEFITS. 3, T. 24 N., R. 12 W., Gila and Salt River Base
part of the performance of the obligations of the (a) HUALAPAI TRIBE AND MEMBERS.— and Meridian, Mohave County, Arizona.
United States under the Bill Williams River (1) IN GENERAL.—The benefits realized by the (4) HUNT PARCEL 4.—SW1/4NE1/4 sec. 7, T. 25
phase 2 water rights settlement agreement, is Hualapai Tribe and the members of the N., R. 13 W., Gila and Salt River Base and Me-
authorized to execute a waiver and release of all Hualapai Tribe (but not members in the capac- ridian, Mohave County, Arizona.
claims of the United States against Freeport ity of the members as allottees) under the (5) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 14
under Federal, State, or any other law for— Hualapai Tribe water rights settlement agree- W., Gila and Salt River Base and Meridian, Mo-
(i) any past or present claim for injury to ment, this title, the Bill Williams agreements, have County, Arizona—
water rights resulting from— and the Bill Williams Act shall be in full satis- (A) NE1/4SW1/4 sec. 9; and
(I) the diversion or use of water by Freeport faction of all claims of the Hualapai Tribe, the (B) NW1/4SE1/4 sec. 27.
pursuant to the water rights described in Ex- members of the Hualapai Tribe, and the United (6) HUNT PARCEL 3.—SW1/4NE1/4 sec. 25, T. 27
hibit 4.1(ii) to the Bill Williams River phase 2 States, acting in the capacity of the United N., R. 15 W., Gila and Salt River Base and Me-
water rights settlement agreement; and States as trustee for the Hualapai Tribe and the ridian, Mohave County, Arizona.
(II) any other diversion or use of water for members of the Hualapai Tribe, for water rights (7) HUNT PARCEL 5.—In sec. 1, T. 25 N., R. 14
mining purposes authorized by the Bill Williams and injury to water rights under Federal, State, W., Gila and Salt River Base and Meridian, Mo-
River phase 2 water rights settlement agreement; or other law with respect to Hualapai land. have County, Arizona—
(ii) any claim for injury to water rights aris- (A) SE1/4;
(2) SATISFACTION.—Any entitlement to water
ing after the Bill Williams River Phase 2 En- (B) E1/2 SW1/4; and
of the Hualapai Tribe and the members of the
forceability Date resulting from— (C) SW1/4 SW1/4.
Hualapai Tribe (but not members in the capac- (8) VALENTINE CEMETERY PARCEL.—W1/2 NW1/
(I) the diversion or use of water by Freeport ity of the members as allottees) or the United
pursuant to the water rights described in Ex- 4 SW1/4 sec. 22, T. 23 N., R. 13 W., Gila and Salt
States, acting in the capacity of the United River Base and Meridian, Mohave County, Ari-
hibit 4.1(ii) to the Bill Williams River phase 2 States as trustee for the Hualapai Tribe and the
water rights settlement agreement in a manner zona, excepting and reserving to the United
members of the Hualapai Tribe (but not members States a right-of-way for ditches or canals con-
not in violation of the Bill Williams River phase in the capacity of the members as allottees), for
2 water rights settlement agreement; structed by the authority of the United States,
Hualapai land shall be satisfied out of the water pursuant to the Act of August 30, 1890 (43
(II) the diversion of up to 2,500 AFY of water
resources and other benefits granted, confirmed, U.S.C. 945).
by Freeport from Sycamore Creek as permitted
quantified, or recognized by the Hualapai Tribe
by section 4.3(iv) of the Bill Williams River SEC. 512. TRUST LAND.
water rights settlement agreement, this title, the
phase 2 water rights settlement agreement; and (a) LAND TO BE TAKEN INTO TRUST.—
Bill Williams agreements, and the Bill Williams
(III) any other diversion or use of water by (1) IN GENERAL.—On the date of the enact-
Act to or for the Hualapai Tribe, the members of
Freeport authorized by the Bill Williams River ment of this Act, the Secretary is authorized
the Hualapai Tribe (but not members in the ca-
phase 2 water rights settlement agreement, sub- and directed to take legal title to the land de-
pacity of the members as allottees), and the
ject to the condition that such a diversion and scribed in paragraph (2) and hold such land in
United States, acting in the capacity of the
use of water is conducted in a manner not in trust for the benefit of the Hualapai Tribe.
United States as trustee for the Hualapai Tribe
violation of the Bill Williams River phase 2 (2) CHOLLA CANYON RANCH PARCELS.—The
and the members of the Hualapai Tribe (but not
water rights settlement agreement; and land referred to in paragraph (1) is, in T. 16 N.,
members in the capacity of the members as
(iii) any past, present, or future claim arising R. 13 W., Gila and Salt River Base and Merid-
allottees).
out of, or relating in any manner to, the nego- ian, Mohave County, Arizona—
(b) ALLOTTEE WATER CLAIMS.—
tiation or execution of the Bill Williams River (A) SW1/4 sec. 25; and
(1) IN GENERAL.—The benefits realized by the
phase 2 water rights settlement agreement, the (B) NE1/4 and NE1/4 SE1/4 sec. 35.
allottees of the Hualapai Tribe under the (b) RESERVATION STATUS.—The land taken
Hualapai Tribe water rights settlement agree-
Hualapai Tribe water rights settlement agree- into trust under subsection (a) shall be part of
ment, or this title.
(B) EFFECTIVE DATE.—The waiver and release ment, this title, the Bill Williams agreements, the Hualapai Reservation and administered in
of claims under subparagraph (A) shall take ef- and the Bill Williams Act shall be in complete accordance with the laws and regulations gen-
fect on the Bill Williams River Phase 2 Enforce- replacement of and substitution for, and full erally applicable to land held in trust by the
ability Date. satisfaction of, all claims with respect to allot- United States for an Indian Tribe.
(C) RETENTION OF CLAIMS.—The United States ments of the allottees and the United States, (c) VALID EXISTING RIGHTS.—The land taken
shall retain all rights not expressly waived in acting in the capacity of the United States as into trust under subsection (a) shall be subject
the waiver and release of claims under subpara- trustee for the allottees, for water rights and in- to valid existing rights, including easements,
graph (A), including, subject to section 6.4 of jury to water rights under Federal, State, or rights-of-way, contracts, and management
the Bill Williams River phase 2 water rights set- other law. agreements.
tlement agreement, the right to assert a claim (2) SATISFACTION.—Any entitlement to water (d) LIMITATIONS.—Nothing in subsection (a)
for injury to, and seek enforcement of, the Bill of the allottees or the United States, acting in affects—
Williams River phase 2 water rights settlement the capacity of the United States as trustee for (1) any water right of the Hualapai Tribe in
agreement or this title, in any Federal or State the allottees, for allotments shall be satisfied out existence under State law before the date of the
court of competent jurisdiction (but not a Tribal of the water resources and other benefits grant- enactment of this Act; or
court). ed, confirmed, or recognized by the Hualapai (2) any right or claim of the Hualapai Tribe to
(2) NO PRECEDENTIAL EFFECT.— Tribe water rights settlement agreement, this any land or interest in land in existence before
(A) PENDING AND FUTURE PROCEEDINGS.—The title, the Bill Williams agreements, and the Bill the date of the enactment of this title.
Bill Williams River phase 2 water rights settle- Williams Act to or for the allottees and the (e) FUTURE TRUST LAND.—
ment agreement shall have no precedential ef- United States, acting as trustee for the allottees. (1) NEW STATUTORY REQUIREMENT.—Effective
fect in any other administrative or judicial pro- (c) EFFECT.—Notwithstanding subsections (a) beginning on the date of the enactment of this
ceeding, including— and (b), nothing in this title or the Hualapai title, and except as provided in subsection (a),
(i) any pending or future general stream adju- Tribe water rights settlement agreement— any land located in the State outside the exte-
dication, or any other litigation involving Free- (1) recognizes or establishes any right of a rior boundaries of the Hualapai Reservation
port or the United States, including any pro- member of the Hualapai Tribe or an allottee to may only be taken into trust by the United
ceeding to establish or quantify a Federal re- water on Hualapai land; or States for the benefit of the Hualapai Tribe by
served water right; (2) prohibits the Hualapai Tribe or an allottee an Act of Congress—
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(ii) any pending or future administrative or from acquiring additional water rights by pur- (A) that specifically authorizes the transfer of
judicial proceeding relating to an application— chase of land, credits, or water rights. the land for the benefit of the Hualapai Tribe;
(I) to appropriate water (for instream flow or SEC. 511. LAND ADDED TO HUALAPAI RESERVA- and
other purposes); TION. (B) the date of the enactment of which is after
(II) to sever and transfer a water right; The following land in the State is added to the date of the enactment of this title.
(III) to change a point of diversion; or the Hualapai Reservation: (2) WATER RIGHTS.—Any land taken into trust
(IV) to change a place of use for any water (1) PUBLIC LAW 93–560.—The land held in trust for the benefit of the Hualapai Tribe under
right; and by the United States for the Hualapai Tribe pur- paragraph (1)—
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H7456 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(A) shall include water rights only under (ii) EXCEPTION.— Hualapai Reservation within the lower basin in
State law; and (I) IN GENERAL.—Notwithstanding clause (i), the State for any purpose.
(B) shall not include any federally reserved if the available CAP supply is insufficient to (ii) STORAGE.—The Hualapai Tribe, in accord-
water rights. meet all demands under CAP contracts and CAP ance with State law, may store the Hualapai
SEC. 513. REALLOCATION OF CAP NIA PRIORITY subcontracts for the delivery of CAP NIA pri- Tribe CAP water at 1 or more underground stor-
WATER; FIRMING; WATER DELIVERY ority water in the year following the year in age facilities or groundwater savings facilities,
CONTRACT; COLORADO RIVER AC- which the Enforceability Date occurs, the Sec- subject to the condition that, if the Hualapai
COUNTING. retary shall assume that the Hualapai Tribe Tribe stores Hualapai Tribe CAP water that has
(a) REALLOCATION TO THE HUALAPAI TRIBE.— used the full volume of Hualapai Tribe CAP been firmed pursuant to subsection (b)(1), the
On the Enforceability Date, the Secretary shall water in the last year in which the available stored water may only be—
reallocate to the Hualapai Tribe the Hualapai CAP supply was sufficient to fill all orders for (I) used by the Hualapai Tribe; or
Tribe CAP water. CAP NIA priority water. (II) exchanged by the Hualapai Tribe for
(b) FIRMING.— (II) CONTINUATION.—The assumption de- water that will be used by the Hualapai Tribe.
(1) HUALAPAI TRIBE CAP WATER.—Except as scribed in subclause (I) shall continue until the (iii) ASSIGNMENT.—The Hualapai Tribe, in ac-
provided in subsection (c)(2)(H), the Hualapai available CAP supply is sufficient to meet all cordance with State law, may assign any long-
Tribe CAP water shall be firmed as follows: demands under CAP contracts and CAP sub- term storage credit accrued as a result of storage
(A) In accordance with section 105(b)(1)(B) of contracts for the delivery of CAP NIA priority described in clause (ii), subject to the condition
the Central Arizona Project Settlement Act of water. that the Hualapai Tribe shall not assign any
2004 (Public Law 108–451; 118 Stat. 3492), for the (III) DETERMINATION.—The Secretary shall long-term storage credit accrued as a result of
100-year period beginning on January 1, 2008, determine the quantity of CAP NIA priority the storage of Hualapai Tribe CAP water that
the Secretary shall firm 557.50 AFY of the water used by the Gila River Indian Community has been firmed pursuant to subsection (b)(1).
Hualapai Tribe CAP water to the equivalent of and the Tohono O’odham Nation in the last (K) USE LIMITATION.—The Hualapai Tribe
CAP M&I priority water. year in which the available CAP supply was may not use, lease, exchange, forbear, or other-
(B) In accordance with section 105(b)(2)(B) of sufficient to fill all orders for CAP NIA priority wise transfer any Hualapai Tribe CAP water for
the Central Arizona Project Settlement Act of water in a manner consistent with the settle- use directly or indirectly outside of the lower
2004 (Public Law 108–451; 118 Stat. 3492), for the ment agreements with those Tribes. basin in the State or in Navajo, Apache, or
100-year period beginning on January 1, 2008, (E) LEASES AND EXCHANGES OF HUALAPAI Cochise counties.
the State shall firm 557.50 AFY of the Hualapai TRIBE CAP WATER.—On and after the date on
(L) CAP FIXED OM&R CHARGES.—
Tribe CAP water to the equivalent of CAP M&I (i) IN GENERAL.—The CAP operating agency
which the Hualapai Tribe water delivery con-
priority water. shall be paid the CAP fixed OM&R charges as-
tract becomes effective, the Hualapai Tribe may,
(2) ADDITIONAL FIRMING.—The Hualapai Tribe sociated with the delivery of all Hualapai Tribe
with the approval of the Secretary, enter into
may, at the expense of the Hualapai Tribe, take CAP water.
contracts or options to lease, or contracts or op- (ii) PAYMENT OF CHARGES.—Except as pro-
additional actions to firm or supplement the tions to exchange, the Hualapai Tribe CAP
Hualapai Tribe CAP water, including by enter- vided in subparagraph (O), all CAP fixed
water within the lower basin in the State, and OM&R charges associated with the delivery of
ing into agreements for that purpose with the not in Navajo, Apache, or Cochise counties, pro-
Central Arizona Water Conservation District, the Hualapai Tribe CAP water to the Hualapai
viding for the temporary delivery to other per- Tribe shall be paid by—
the Arizona Water Banking Authority, or any sons of any portion of Hualapai Tribe CAP (I) the Secretary, pursuant to section
other lawful authority, in accordance with water. 403(f)(2)(A) of the Colorado River Basin Project
State law. (F) TERM OF LEASES AND EXCHANGES.— Act (43 U.S.C. 1543(f)(2)(A)), subject to the con-
(c) HUALAPAI TRIBE WATER DELIVERY CON- (i) LEASING.—Contracts or options to lease dition that funds for that payment are available
TRACT.— under subparagraph (E) shall be for a term of in the Lower Colorado River Basin Development
(1) IN GENERAL.—In accordance with the not more than 100 years. Fund; and
Hualapai Tribe water rights settlement agree- (ii) EXCHANGING.—Contracts or options to ex- (II) if the funds described in subclause (I) be-
ment and the requirements described in para- change under subparagraph (E) shall be for the come unavailable, the Hualapai Tribe.
graph (2), the Secretary shall enter into the term provided for in the contract or option, as (M) CAP PUMPING ENERGY CHARGES.—
Hualapai Tribe water delivery contract. applicable. (i) IN GENERAL.—The CAP operating agency
(2) REQUIREMENTS.—The requirements re- (iii) RENEGOTIATION.—The Hualapai Tribe shall be paid the CAP pumping energy charges
ferred to in paragraph (1) are the following: may, with the approval of the Secretary, renego- associated with the delivery of Hualapai Tribe
(A) IN GENERAL.—The Hualapai Tribe water tiate any lease described in subparagraph (E), CAP water only in cases in which the CAP sys-
delivery contract shall— at any time during the term of the lease, if the tem is used for the delivery of that water.
(i) be for permanent service (as that term is term of the renegotiated lease does not exceed (ii) PAYMENT OF CHARGES.—Except for CAP
used in section 5 of the Boulder Canyon Project 100 years. water not delivered through the CAP system,
Act (43 U.S.C. 617d)); (G) PROHIBITION ON PERMANENT ALIEN- which does not incur a CAP pumping energy
(ii) take effect on the Enforceability Date; and ATION.—No Hualapai Tribe CAP water may be charge, or water delivered to other persons as
(iii) be without limit as to term. permanently alienated. described in subparagraph (O), any applicable
(B) HUALAPAI TRIBE CAP WATER.— (H) NO FIRMING OF LEASED WATER.—The firm- CAP pumping energy charges associated with
(i) IN GENERAL.—The Hualapai Tribe CAP ing obligations described in subsection (b)(1) the delivery of the Hualapai Tribe CAP water
water may be delivered for use in the lower shall not apply to any Hualapai Tribe CAP shall be paid by the Hualapai Tribe.
basin in the State through— water leased by the Hualapai Tribe to another (N) WAIVER OF PROPERTY TAX EQUIVALENCY
(I) the Hualapai Water Project; or person. PAYMENTS.—No property tax or in-lieu property
(II) the CAP system. (I) ENTITLEMENT TO LEASE AND EXCHANGE tax equivalency shall be due or payable by the
(ii) METHOD OF DELIVERY.—The Secretary FUNDS; OBLIGATIONS OF UNITED STATES.— Hualapai Tribe for the delivery of CAP water or
shall authorize the delivery of Hualapai Tribe (i) ENTITLEMENT.— for the storage of CAP water in an underground
CAP water under this subparagraph to be ef- (I) IN GENERAL.—The Hualapai Tribe shall be storage facility or groundwater savings facility.
fected by the diversion and use of water directly entitled to all consideration due to the Hualapai (O) LESSEE RESPONSIBILITY FOR CHARGES.—
from the Colorado River in the State. Tribe under any contract to lease, option to (i) IN GENERAL.—Any lease or option to lease
(C) CONTRACTUAL DELIVERY.—The Secretary lease, contract to exchange, or option to ex- providing for the temporary delivery to other
shall deliver the Hualapai Tribe CAP water to change the Hualapai Tribe CAP water entered persons of any Hualapai Tribe CAP water shall
the Hualapai Tribe in accordance with the terms into by the Hualapai Tribe. require the lessee to pay the CAP operating
and conditions of the Hualapai Tribe water de- (II) EXCLUSION.—The United States shall not, agency all CAP fixed OM&R charges and all
livery contract. in any capacity, be entitled to the consideration CAP pumping energy charges associated with
(D) DISTRIBUTION OF CAP NIA PRIORITY described in subclause (I). the delivery of the leased water.
WATER.— (ii) OBLIGATIONS OF UNITED STATES.—The (ii) NO RESPONSIBILITY FOR PAYMENT.—Nei-
(i) IN GENERAL.—Except as provided in clause United States shall not, in any capacity, have ther the Hualapai Tribe nor the United States in
(ii), if, for any year, the available CAP supply any trust or other obligation to monitor, admin- any capacity shall be responsible for the pay-
is insufficient to meet all demands under CAP ister, or account for, in any manner, any funds ment of any charges associated with the deliv-
contracts and CAP subcontracts for the delivery received by the Hualapai Tribe as consideration ery of the Hualapai Tribe CAP water leased to
of CAP NIA priority water, the Secretary and under any contract to lease, option to lease, other persons.
the CAP operating agency shall prorate the contract to exchange, or option to exchange the (P) ADVANCE PAYMENT.—No Hualapai Tribe
available CAP NIA priority water among the Hualapai Tribe CAP water entered into by the CAP water shall be delivered unless the CAP
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CAP contractors and CAP subcontractors hold- Hualapai Tribe, except in a case in which the fixed OM&R charges and any applicable CAP
ing contractual entitlements to CAP NIA pri- Hualapai Tribe deposits the proceeds of any pumping energy charges associated with the de-
ority water on the basis of the quantity of CAP lease, option to lease, contract to exchange, or livery of that water have been paid in advance.
NIA priority water used by each such CAP con- option to exchange into an account held in trust (Q) CALCULATION.—The charges for delivery
tractor and CAP subcontractor in the last year for the Hualapai Tribe by the United States. of the Hualapai Tribe CAP water pursuant to
in which the available CAP supply was suffi- (J) WATER USE AND STORAGE.— the Hualapai Tribe water delivery contract shall
cient to fill all orders for CAP NIA priority (i) IN GENERAL.—The Hualapai Tribe may use be calculated in accordance with the CAP re-
water. the Hualapai Tribe CAP water on or off the payment stipulation.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7457
(R) CAP REPAYMENT.—For purposes of deter- (C) any amounts appropriated under section (2) CIRCUMSTANCES DESCRIBED.—A cir-
mining the allocation and repayment of costs of 507, together with any investment earnings on cumstance referred to in paragraph (1)(A) is any
any stages of the CAP system constructed after those amounts, less any amounts expended of the following:
November 21, 2007, the costs associated with the under section 506(a)(4)(B), shall revert imme- (A) Any party to the Hualapai Tribe water
delivery of the Hualapai Tribe CAP water, re- diately to the general fund of the Treasury. rights settlement agreement—
gardless of whether the Hualapai Tribe CAP (2) SEVERABILITY.—Notwithstanding para- (i) brings an action in any court of competent
water is delivered for use by the Hualapai Tribe graph (1), if the Secretary fails to publish in the jurisdiction relating only and directly to the in-
or in accordance with any lease, option to lease, Federal Register a statement of findings under terpretation or enforcement of—
exchange, or option to exchange providing for subsection (a) by April 15, 2029, or such alter- (I) this title; or
the delivery to other persons of the Hualapai native later date as may be agreed to by the (II) the Hualapai Tribe water rights settle-
Tribe CAP water, shall be— Hualapai Tribe, the Secretary, and the State, ment agreement; and
(i) nonreimbursable; and section 511 and subsections (a), (b), (c), and (d) (ii) names the United States or the Hualapai
(ii) excluded from the repayment obligation of of section 512 shall remain in effect. Tribe as a party in that action.
the Central Arizona Water Conservation Dis- (c) RIGHT TO OFFSET.—If the Secretary has (B) Any landowner or water user in the Verde
trict. not published in the Federal Register the state- River Watershed—
(S) NONREIMBURSABLE CAP CONSTRUCTION ment of findings under subsection (a) by April (i) brings an action in any court of competent
COSTS.— 15, 2029, or such alternative later date as may be jurisdiction relating only and directly to the in-
(i) IN GENERAL.—With respect to the costs as- agreed to by the Hualapai Tribe, the Secretary, terpretation or enforcement of—
sociated with the construction of the CAP sys- (I) paragraph 10.0 of the Hualapai Tribe
and the State, the United States shall be enti-
tem allocable to the Hualapai Tribe— water rights settlement agreement;
tled to offset any Federal amounts made avail- (II) Exhibit 3.1.43 to the Hualapai Tribe water
(I) the costs shall be nonreimbursable; and able under section 506(a)(4)(B) that were used or
(II) the Hualapai Tribe shall have no repay- rights settlement agreement; or
authorized for any use under that section (III) section 509; and
ment obligation for the costs. against any claim asserted by the Hualapai
(ii) CAPITAL CHARGES.—No CAP water service (ii) names the United States or the Hualapai
Tribe against the United States described in sec- Tribe as a party in that action.
capital charges shall be due or payable for the
tion 509(a)(2)(A). (C) Any party to the Bill Williams River phase
Hualapai Tribe CAP water, regardless of wheth-
(d) BILL WILLIAMS RIVER PHASE 2 ENFORCE- 2 settlement agreement—
er the Hualapai Tribe CAP water is delivered—
ABILITY DATE.—Notwithstanding any other pro- (i) brings an action in any court of competent
(I) for use by the Hualapai Tribe; or
(II) under any lease, option to lease, ex- vision of this title, the Bill Williams River phase jurisdiction relating only and directly to the in-
change, or option to exchange entered into by 2 water rights settlement agreement (including terpretation or enforcement of—
the Hualapai Tribe. the waivers and releases described in section (I) this title; or
(d) COLORADO RIVER ACCOUNTING.—All 509(d) of this title and section 5 of the Bill Wil- (II) the Bill Williams River phase 2 settlement
Hualapai Tribe CAP water diverted directly liams River phase 2 water rights settlement agreement; and
from the Colorado River shall be accounted for agreement) shall take effect and become enforce- (ii) names the United States or the Hualapai
as deliveries of CAP water within the State. able among the parties to the Bill Williams River Tribe as a party in that action.
SEC. 514. ENFORCEABILITY DATE. phase 2 water rights settlement agreement on (b) EFFECT ON CURRENT LAW.—Nothing in this
(a) IN GENERAL.—Except as provided in sub- the date on which all of the following condi- section alters the law with respect to pre-en-
section (d), the Hualapai Tribe water rights set- tions have occurred: forcement review of Federal environmental or
tlement agreement, including the waivers and (1) The Hualapai Tribe water rights settlement safety-related enforcement actions.
agreement has become enforceable pursuant to (c) BASIN GROUNDWATER WITHDRAWAL ESTI-
releases of claims described in section 509, shall
subsection (a). MATES.—
take effect and be fully enforceable on the date
(2) Freeport has submitted to the Arizona De- (1) GROUNDWATER WITHDRAWAL ESTIMATES.—
on which the Secretary publishes in the Federal (A) IN GENERAL.—Not later than 1 year of the
partment of Water Resources a conditional
Register a statement of findings that— date of the enactment of this title, the Secretary,
(1) to the extent the Hualapai Tribe water withdrawal of any objection to the Bill Williams
River watershed instream flow applications pur- acting through the United States Geological
rights settlement agreement conflicts with this
suant to section 4.4(i) of the Bill Williams River Survey Water Use Program, shall issue an esti-
title—
phase 2 water rights settlement agreement, mate for groundwater withdrawals in the
(A) the Hualapai Tribe water rights settlement
which withdrawal shall take effect on the Bill Truxton Basin outside the boundaries of the
agreement has been revised through an amend-
Williams River Phase 2 Enforceability Date de- Hualapai Reservation.
ment to eliminate the conflict; and
scribed in this subsection. (B) ANNUAL ESTIMATES.—Each year after pub-
(B) the revised Hualapai Tribe water rights
(3) Not later than the Enforceability Date, the lication of the initial estimate required by sub-
settlement agreement, including any exhibits re-
Arizona Department of Water Resources has paragraph (A), the Secretary, acting through
quiring execution by any party to the Hualapai
issued an appealable, conditional decision and the United States Geological Survey Water Use
Tribe water rights settlement agreement, has
order for the Bill Williams River watershed Program, shall issue an estimate for ground-
been executed by the required party;
(2) the waivers and releases of claims de- instream flow applications pursuant to section water withdrawals in the Truxton Basin outside
scribed in section 509 have been executed by the 4.4(iii) of the Bill Williams River phase 2 water the boundaries of the Hualapai Reservation
Hualapai Tribe and the United States; rights settlement agreement, which order shall until such time as the Secretary, after consulta-
(3) the abstracts referred to in subparagraphs become nonconditional and effective on the Bill tion with the Hualapai Tribe, determines that
4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe Williams River Phase 2 Enforceability Date de- annual estimates are not warranted.
water rights settlement agreement have been scribed in this subsection. (2) NOTICE TO THE STATE.—Based on the esti-
completed by the Hualapai Tribe; (4) The conditional decision and order de- mates under paragraph (1), the Secretary shall
(4) the full amount described in section scribed in paragraph (3)— notify the State, in writing, if the total with-
507(a)(1), as adjusted by section 507(b), has been (A) becomes final; and drawal of groundwater from the Truxton Basin
deposited in the Hualapai Water Trust Fund (B) is not subject to any further appeal. outside the boundaries of the Hualapai Reserva-
Account; SEC. 515. ADMINISTRATION. tion exceeds the estimate prepared pursuant to
(5) the Gila River adjudication decree has (a) LIMITED WAIVER OF SOVEREIGN IMMU- that paragraph by 3,000 or more AFY, exclusive
been approved by the Gila River adjudication NITY.— of any diversion or use of groundwater on
court substantially in the form of the judgment (1) WAIVER.— Hualapai fee land and any land acquired by the
and decree attached to the Hualapai Tribe (A) IN GENERAL.—In any circumstance de- Hualapai Tribe, including by a tribally owned
water rights settlement agreement as Exhibit scribed in paragraph (2)— corporation, in fee after the Enforceability Date.
3.1.43, as amended to ensure consistency with (i) the United States or the Hualapai Tribe (d) ANTIDEFICIENCY.—Notwithstanding any
this title; may be joined in the action described in the ap- authorization of appropriations to carry out
(6) the Secretary has executed the Hualapai plicable subparagraph of that paragraph; and this title, the United States shall not be liable
Tribe water delivery contract described in sec- (ii) subject to subparagraph (B), any claim by for any failure of the United States to carry out
tion 513(c); and the United States or the Hualapai Tribe to sov- any obligation or activity authorized by this
(7) the Secretary has issued the record of deci- ereign immunity from the action is waived. title (including all agreements or exhibits rati-
sion required by section 508(d). (B) LIMITATION.—A waiver under subpara- fied or confirmed by this title) if—
(b) REPEAL ON FAILURE TO MEET ENFORCE- graph (A)(ii)— (1) adequate appropriations are not provided
ABILITY DATE.— (i) shall only be for the limited and sole pur- expressly by Congress to carry out the purposes
(1) IN GENERAL.—Except as provided in para- pose of the interpretation or enforcement of— of this title; or
graph (2), if the Secretary fails to publish in the (I) this title; (2) there are not enough monies available to
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Federal Register a statement of findings under (II) the Hualapai Tribe water rights settle- carry out this title in the Lower Colorado River
subsection (a) by April 15, 2029, or such alter- ment agreement, as ratified by this title; or Basin Development Fund.
native later date as may be agreed to by the (III) the Bill Williams River phase 2 water (e) APPLICATION OF RECLAMATION REFORM
Hualapai Tribe, the Secretary, and the State— right settlement agreement, as ratified by this ACT OF 1982.—The Reclamation Reform Act of
(A) this title is repealed; title; and 1982 (43 U.S.C. 390aa et seq.) and any other
(B) any action taken by the Secretary and (ii) shall not include any award against the acreage limitation or full-cost pricing provision
any contract or agreement entered into pursu- United States or the Hualapai Tribe for money of Federal law shall not apply to any person,
ant to this title shall be void; and damages, court costs, or attorney fees. entity, or tract of land solely on the basis of—
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H7458 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(1) receipt of any benefit under this title; (7) SECRETARY.—The term ‘‘Secretary’’ means (2) MEMBERS.—Council Members shall include
(2) execution or performance of this title; or the Secretary of the Interior. the heads of the following entities:
(3) the use, storage, delivery, lease, or ex- (8) WATER DATA.—The term ‘‘water data’’ (A) The Departments.
change of CAP water. means measurements and observations of basic (B) Bureaus and offices of the Departments
(f) EFFECT.— properties relating to the planning and manage- that have a significant role or interest in water
(1) NO MODIFICATION OR PREEMPTION OF ment of water resources, including streamflow, data, including—
OTHER LAW.—Unless expressly provided in this precipitation, groundwater, soil moisture, snow, (i) the Corps of Engineers;
title, nothing in this title modifies, conflicts evaporation, water quality, and water use in (ii) the Bureau of Indian Affairs;
with, preempts, or otherwise affects— agriculture, industry, natural systems, and mu- (iii) the Bureau of Reclamation;
(A) the Boulder Canyon Project Act (43 U.S.C. nicipal uses. (iv) the Federal Emergency Management
617 et seq.); (9) WATER DATA GRANT PROGRAM.—The term Agency;
(B) the Boulder Canyon Project Adjustment ‘‘Water Data Grant Program’’ means the water (v) the Federal Energy Regulatory Commis-
Act (43 U.S.C. 618 et seq.); data grant program established under section sion;
(C) the Act of April 11, 1956 (commonly known 605(a). (vi) the United States Fish and Wildlife Serv-
as the ‘‘Colorado River Storage Project Act’’) (43 (10) WATER DATA INFRASTRUCTURE.—The term ice;
U.S.C. 620 et seq.); ‘‘water data infrastructure’’ means an inte- (vii) the Indian Health Service;
(D) the Colorado River Basin Project Act grated system of information technologies that (viii) the Forest Service;
(Public Law 90–537; 82 Stat. 885); includes common data standards and metadata, (ix) the National Laboratories;
(E) the Treaty between the United States of data formats, geospatial referencing, and tools (x) the Natural Resources Conservation Serv-
America and Mexico respecting utilization of to make water data available, easy to find, ac- ice;
waters of the Colorado and Tijuana Rivers and (xi) the National Oceanic and Atmospheric
cess, and share online.
of the Rio Grande, signed at Washington Feb- Administration; and
SEC. 602. NATIONAL WATER DATA FRAMEWORK.
ruary 3, 1944 (59 Stat. 1219); (xii) the Rural Development program of the
(a) IN GENERAL.—For the purpose of improv- Department of Agriculture.
(F) the Colorado River Compact; ing water resources management and access
(G) the Upper Colorado River Basin Compact; (C) Offices of the Executive Office of the
across the United States, including addressing President, including—
(H) the Omnibus Public Land Management drought, floods, and other water management
Act of 2009 (Public Law 111–11; 123 Stat. 991); or (i) the Council on Environmental Quality;
challenges, the heads of the Departments shall (ii) the Office of Management and Budget;
(I) case law concerning water rights in the jointly develop and implement a national water
Colorado River system other than any case to and
data framework for observing, integrating, shar- (iii) the Office of Science and Technology Pol-
enforce the Hualapai Tribe water rights settle- ing, and using water data.
ment agreement or this title. icy.
(b) REQUIREMENTS.—In developing and imple- (D) Other Federal entities that the Chair and
(2) EFFECT ON AGREEMENTS.—Nothing in this menting the National Water Data Framework,
title or the Hualapai Tribe water rights settle- a majority of the members of the Council de-
the Departments shall— scribed in subparagraphs (A) through (C) deter-
ment agreement limits the right of the Hualapai (1) identify and prioritize key water data
Tribe to enter into any agreement for the stor- mine to be appropriate.
needed to support water resources management (c) DUTIES.—The Council shall—
age or banking of water in accordance with and planning, including— (1) support the development and implementa-
State law with— (A) water data sets, types, observations, and tion of the National Water Data Framework;
(A) the Arizona Water Banking Authority (or associated metadata; and and
a successor agency or entity); or (B) water data infrastructure, technologies, (2) facilitate communication and collaboration
(B) any other lawful authority. and tools; among members of the Council—
(3) EFFECT OF TITLE.—Nothing in this title— (2) develop and adopt common national water (A) to establish, adopt, and implement com-
(A) quantifies or otherwise affects the water data standards for collecting, sharing, and inte- mon national water data standards;
rights, claims, or entitlements to water of any grating water data, infrastructure, technologies, (B) to promote water data sharing and inte-
Indian Tribe other than the Hualapai Tribe; and tools in consultation with States, Indian gration across Federal departments and agen-
(B) affects the ability of the United States to Tribes, local governments, and relevant bodies; cies, including—
take action on behalf of any Indian Tribe other (3) ensure that Federal water data are made (i) water data collection, observation, docu-
than the Hualapai Tribe, the members of the findable, accessible, interoperable, and reusable mentation, maintenance, distribution, and pres-
Hualapai Tribe, and the allottees; or in accordance with the standards developed and ervation strategies; and
(C) limits the right of the Hualapai Tribe to adopted pursuant to this title; (ii) development and use of water data infra-
use any water of the Hualapai Tribe in any lo- (4) integrate water data and tools through structure, tools, and technologies to support
cation on the Hualapai Reservation. common approaches to data and observing in- water management and planning;
TITLE VI—WATER DATA frastructure, platforms, models, and tool devel- (C) to align the policies, programs, protocols,
SEC. 601. DEFINITIONS. opment; budgets, and funding programs relating to water
In this title: (5) establish a common, national geospatial data of the members of the Council, as appro-
(1) ADVISORY COMMITTEE.—The term ‘‘Advi- index for publishing and linking water data priate; and
sory Committee’’ means the Advisory Committee from Federal, State, Tribal, and other non-Fed- (D) to promote partnerships across Federal en-
on Water Information established by section eral sources for online discovery; tities and non-Federal entities—
604(a). (6) harmonize and align policies, programs, (i) to advance innovation and solutions in
(2) COUNCIL.—The term ‘‘Council’’ means the protocols, budgets, and funding programs relat- water data, technology, tools, planning, and
Water Data Council established under section ing to water data to achieve the purposes of this management; and
603(a). title, as appropriate; (ii) to develop guidelines for data sharing and
(3) DATA STANDARDS.—The term ‘‘data stand- (7) participate in and coordinate water data protecting data privacy and security.
ards’’ means standards relating to the manner activities with the Council; and (d) WATER DATA COUNCIL REPORTS.—Not
in which data and metadata are to be struc- (8) support the adoption of new technologies later than 180 days after the date of enactment
tured, populated, and encoded in machine-read- and the development of tools for water data col- of this Act, and annually thereafter, in con-
able formats, and made interoperable for data lection, observing, sharing, and standardization junction with the annual budget submission of
exchange. by Federal, State, Tribal, local, and other enti- the President to Congress under section 1105(a)
(4) DEPARTMENTS.—The term ‘‘Departments’’ ties. of title 31, United States Code, the Secretary,
means each of the following: SEC. 603. WATER DATA COUNCIL. acting on behalf of the Council, shall submit to
(A) The Department of Agriculture. (a) IN GENERAL.—The heads of the Depart- members of the Council and the appropriate
(B) The Department of Commerce. ments shall establish an interagency Council, to committees of Congress and make available pub-
(C) The Department of Defense. be known as the ‘‘Water Data Council’’, to sup- licly online a report that describes—
(D) The Department of Energy. port the development and implementation of the (1) the National Water Data Framework;
(E) The Department of Health and Human National Water Data Framework. (2) the actions undertaken by the Depart-
Services. (b) MEMBERSHIP.— ments to implement this title pursuant to section
(F) The Department of Homeland Security. (1) DUTIES OF SECRETARY.—The Secretary, 602;
(G) The Department of the Interior. acting through the Director of the United States (3) key water data sets, types, and infrastruc-
(H) The Environmental Protection Agency. Geological Survey, shall— ture needed to support water management and
(I) The National Aeronautics and Space Ad- (A) serve as the Chair of the Council; planning;
ministration. (B) in collaboration with the Administrators (4) goals, targets, and actions to carry out the
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(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ of the National Oceanic and Atmospheric Ad- National Water Data Framework in the subse-
has the meaning given the term in section 4 of ministration and Environmental Protection quent fiscal year;
the Indian Self-Determination and Education Agency, and the Director of the Office of (5) a summary and evaluation of the progress
Assistance Act (25 U.S.C. 5304). Science and Technology Policy, convene the of the Departments in achieving any prior goals,
(6) NATIONAL WATER DATA FRAMEWORK.—The Council not less frequently than 4 times each targets, and actions to carry out the National
term ‘‘National Water Data Framework’’ means year; and Water Data Framework;
the national water data framework developed (C) provide staff support for the Council (6) recommendations to align policies, pro-
under section 602. through the United States Geological Survey. grams, and budgetary resources to carry out the
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7459
National Water Data Framework, where appro- the National Water Quality Monitoring Council (1) a description of the use and deployment of
priate, in the subsequent fiscal year; and other water data related entities convened amounts made available under the Water Data
(7) grants and assistance provided to State, by the Federal Government. Grant Program;
Tribal, and local entities toward the develop- (h) REPORT.—Not later than two years after (2) an accounting of all grants awarded under
ment and adoption of new technologies and the date of enactment of this Act, and every two the Water Data Grant Program, including a de-
tools; years thereafter, the Advisory Committee shall scription of—
(8) opportunities to develop and incentivize submit a report of activities carried out by the (A) each grant recipient; and
the deployment of promising next-generation Advisory Committee and a recommendation to (B) each project funded under the Water Data
technologies, including new water data tech- continue, modify the duties of, or terminate the Grant Program;
nologies and tools, in partnership with the pri- Advisory Committee. (3) an assessment of the success of the Water
vate sector and others to accomplish the pur- (i) APPLICABILITY OF FACA.— Data Grant Program in advancing the purposes
poses of this title; and (1) IN GENERAL.—Except as provided in para- of this title; and
(9) metrics for achieving the National Water graph (2), the Federal Advisory Committee Act (4) a plan for the subsequent fiscal year to
Data Framework. (5 U.S.C. App.) shall apply to the Advisory achieve the purposes of this title.
SEC. 604. ADVISORY COMMITTEE ON WATER IN- Committee. (f) AUTHORIZATION OF APPROPRIATIONS.—
FORMATION. (2) NO TERMINATION.—Section 14(a)(2) of the There is authorized to be appropriated to the
(a) ESTABLISHMENT.—There is established Federal Advisory Committee Act (5 U.S.C. App.) Secretary to carry out the Water Data Grant
within the Department of the Interior an advi- shall not apply to the Advisory Committee. Program $25,000,000 for each of fiscal years 2023
sory committee, to be known as the ‘‘Advisory SEC. 605. WATER DATA GRANT PROGRAM. through 2027, to remain available until ex-
Committee on Water Information’’, to advise the (a) IN GENERAL.—The Secretary shall estab- pended.
Secretary, Departments, and Council on the de- lish a water data grant program under which (g) ADMINISTRATIVE COSTS.—Of the funds au-
velopment and implementation of the National the Secretary shall award grants— thorized to be appropriated under subsection (f),
Water Data Framework. (1) to support non-Federal entities in making not more than 3 percent is authorized to be ap-
(b) MEMBERSHIP.— water data sets findable, accessible, interoper- propriated for administrative costs to carry out
(1) COMPOSITION.—The Advisory Committee able, and reusable in accordance with the water the Water Data Grant Program.
shall be composed of members, to be appointed data standards established under this title; SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
by the Secretary, in consultation with the Ad- (2) to advance the development of water data (a) IN GENERAL.—There is authorized to be
ministrators of the National Oceanic and Atmos- infrastructure, observations, tools, and tech- appropriated to the Secretary to carry out sec-
pheric Administration and the Environmental nologies to facilitate the sharing and use of tions 602 through 604 $15,000,000 for each of fis-
Protection Agency, in a manner that provides water data; cal years 2023 through 2027, to remain available
for— (3) to support programs and projects that fa- until expended.
(A) balanced representation among various cilitate water data sharing and use in water re- (b) TRANSFER OF FUNDS.—The Secretary may,
entities involved in water-related activities; and sources management and the implementation of to the extent provided in advance in appropria-
(B) consideration for a geographic balance of the National Water Data Framework; and tions Acts, transfer to the Departments, includ-
individuals representing localities across the (4) to provide a prize for accelerating innova- ing the Environmental Protection Agency, funds
United States. tion and developing next-generation water data made available under subsection (a) to carry out
(2) SELECTION.—Members of the Advisory tools and technologies. sections 602 through 604.
Committee shall be selected by the Secretary (b) COORDINATION WITH THE COUNCIL.—The
from among entities involved in water-related TITLE VII—NOGALES WASTEWATER
Secretary shall consult and coordinate with the IMPROVEMENT
activities, including— Council in creating and implementing the Water
(A) States; SEC. 701. SHORT TITLE.
Data Grant Program to ensure that—
(B) Indian Tribes; (1) the Water Data Grant Program is aligned This title may be cited as the ‘‘Nogales Waste-
(C) local governments; water Improvement Act of 2022’’.
with and carries out the purposes of this title;
(D) Federal entities; SEC. 702. AMENDMENTS TO THE ACT OF JULY 27,
(E) water agencies, utilities, conservation dis- and
1953.
(2) grants and programs are harmonized
tricts, irrigation districts, acequias, and other The first section of the Act of July 27, 1953 (67
across the Departments and members of the
water user associations; Stat. 195, chapter 242; 22 U.S.C. 277d–10), is
(F) organizations that facilitate collaboration Council to achieve the purposes of this title, as
appropriate. amended by striking the period at the end and
across States and multi-state instrumentalities; inserting ‘‘: Provided further, That the equitable
(G) educational institutions; (c) ELIGIBLE ENTITIES.—An entity eligible for
a grant under the Water Data Grant Program— portion of the Nogales sanitation project for the
(H) professional organizations;
(1) shall demonstrate significant needs or ca- city of Nogales, Arizona, shall be limited to the
(I) water data and technology-related experts,
pabilities for advancing water data sharing and costs directly associated with the treatment and
professionals, and industries;
(J) private sector entities; and tools with a significant public benefit; and conveyance of the wastewater of the city and, to
(K) nonprofit organizations. (2) may include— the extent practicable, shall not include any
(3) TERM.—Members of the Advisory Com- (A) a State, multistate instrumentality, Indian costs directly associated with the quality or
mittee shall be appointed by the Secretary for a Tribe, or other unit of local government; quantity of wastewater originating in Mexico.’’.
term not to exceed 4 years. (B) a water agency, utility, conservation dis- SEC. 703. NOGALES SANITATION PROJECT.
(c) CHAIR.—The Secretary shall serve as the trict, irrigation district, acequia, mutual domes- (a) DEFINITIONS.—In this section:
Chair of the Advisory Committee. tic association, or other entity organized pursu- (1) CITY.—The term ‘‘City’’ means the City of
(d) STAFF SUPPORT.—The United States Geo- ant to Federal, Tribal, or local laws for the pur- Nogales, Arizona.
logical Survey shall provide support services for pose of water-related activities; (2) COMMISSION.—The term ‘‘Commission’’
the Advisory Committee. (C) an educational institution or nonprofit or- means the United States Section of the Inter-
(e) MEETINGS.—The Advisory Committee shall ganization; and national Border and Water Commission.
meet at the call of the Chair, but not less fre- (D) in the case of carrying out activities de- (3) INTERNATIONAL OUTFALL INTERCEPTOR.—
quently than 4 times each year. scribed in subsection (a)(4)— The term ‘‘International Outfall Interceptor’’
(f) DUTIES.—The duties of the Advisory Com- (i) an individual who is a citizen or legal resi- means the pipeline that conveys wastewater
mittee are to advise the Secretary, Departments, dent of the United States; or from the United States-Mexico border to the
and Council on— (ii) an entity that is incorporated and main- Nogales International Wastewater Treatment
(1) the development and implementation of the tains the primary place of business of the entity Plant.
National Water Data Framework; in the United States. (4) NOGALES INTERNATIONAL WASTEWATER
(2) efforts to operate a cost-effective national (d) REQUIREMENTS.— TREATMENT PLANT.—The term ‘‘Nogales Inter-
network of water data collection and analysis (1) DATA SHARING AND STANDARDS.—Any national Wastewater Treatment Plant’’ means
that meets the priority water information needs project funded through the Water Data Grant the wastewater treatment plant that—
of the Federal Government and, to the extent Program shall be implemented in accordance (A) is operated by the Commission;
practicable using available resources, the needs with the water data standards established under (B) is located in Rio Rico, Santa Cruz County,
of the non-Federal community that are tied to section 602. Arizona, after manhole 99; and
national interests; (2) USE OF EXISTING WATER DATA INFRASTRUC- (C) treats sewage and wastewater originating
(3) efforts to develop uniform standards, TURE.—The recipient of a grant shall, to the ex- from—
guidelines, and procedures for the collection, tent practicable, leverage existing water data (i) Nogales, Sonora, Mexico; and
analysis, management, and dissemination of and water data infrastructure. (ii) Nogales, Arizona.
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water information to improve quality, consist- (e) REPORT.—Not later than 1 year after the (b) OWNERSHIP AND CONTROL.—
ency, and accessibility nationwide; and date of enactment of this Act, and annually (1) IN GENERAL.—Subject to paragraph (2) and
(4) the effectiveness of existing water informa- thereafter, in conjunction with the annual in accordance with authority under the Act of
tion programs and recommended modifications budget submission of the President to Congress July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C.
needed to respond to changes in legislation, under section 1105(a) of title 31, United States 277d–10 et seq.), on transfer by donation from
technology, and other conditions. Code, the Secretary shall submit to Congress a the City of the current stake of the City in the
(g) COORDINATION.—To the extent practicable, report that describes the implementation of the International Outfall Interceptor to the Commis-
the Advisory Committee shall coordinate with Water Data Grant Program, including— sion, the Commission shall enter into such
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H7460 CONGRESSIONAL RECORD — HOUSE July 29, 2022
agreements as are necessary to assume full own- (2) BASIN STATE.—The term ‘‘Basin State’’ (3) a timeline for implementing the Basin Plan
ership and control over the International Out- means each of the following States: over a 30-year period.
fall Interceptor. (A) Colorado. (d) REPORT TO CONGRESS.—Not later than 3
(2) AGREEMENTS REQUIRED.—The Commission (B) New Mexico. years after the date of enactment of this Act,
shall assume full ownership and control over the (C) Texas, which shall participate upon con- the Secretary shall—
International Outfall Interceptor under para- sent and agreement by the State of Texas, act- (1) submit the Basin Plan to—
graph (1) after all applicable governing bodies ing through the Texas Commission on Environ- (A) the appropriate committees of Congress;
in the State of Arizona, including the City, mental Quality. and
have— (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (B) the Basin States, Indian Tribes located
(A) signed memoranda of understanding has the meaning given the term in section 4 of within the Rio Grande Basin, and local part-
granting to the Commission access to existing the Indian Self-Determination and Education ners; and
easements for a right of entry to the Inter- Assistance Act (25 U.S.C. 5304). (2) make the Basin Plan publicly available on-
national Outfall Interceptor for the life of the (4) NATURE-BASED FEATURE.—The term ‘‘na- line.
International Outfall Interceptor; ture-based feature’’ has the meaning given the (e) IMPLEMENTATION.—
(B) entered into an agreement with respect to term in section 9502 of the Omnibus Public Land (1) IN GENERAL.—On submission of the Basin
the flows entering the International Outfall In- Management Act of 2009 (42 U.S.C. 10362). Plan to Congress under subsection (d)(1)(A), the
(5) RIO GRANDE BASIN.—The term ‘‘Rio Grande relevant agencies of the Working Group may im-
terceptor that are controlled by the City; and
Basin’’ means the mainstem of the Rio Grande plement recommended projects and activities
(C) agreed to work in good faith to expedi-
from the headwaters of the Rio Grande in Colo- from the Basin Plan to achieve the purposes of
tiously enter into such other agreements as are
rado to the mouth of the Rio Grande and any this subtitle, including—
necessary for the Commission to operate and
hydrologically connected groundwater, aquifers, (A) water conservation and restoration
maintain the International Outfall Interceptor.
and tributaries within the Basin States. projects;
(c) OPERATIONS AND MAINTENANCE.—
(6) SECRETARY.—The term ‘‘Secretary’’ means (B) streamflow and groundwater recharge im-
(1) IN GENERAL.—Beginning on the date on
the Secretary of the Interior. provements;
which the Commission assumes full ownership (7) WORKING GROUP.—The term ‘‘Working
and control of the International Outfall Inter- (C) optimization of Federal project manage-
Group’’ means the Rio Grande Basin Working ment, including—
ceptor under subsection (b)(1), but subject to Group convened under section 812(a).
subsection (e), the Commission shall be respon- (i) improvements and flexibility in reservoir,
SEC. 812. INTEGRATED WATER RESOURCES MAN- irrigation, and flood control project operations;
sible for the operations and maintenance of the AGEMENT PLAN FOR THE RIO
International Outfall Interceptor. and
GRANDE BASIN.
(2) AUTHORIZATION OF APPROPRIATIONS.— (ii) updates and amendments to particular res-
(a) IN GENERAL.—Not later than 120 days
There are authorized to be appropriated to the ervoir operations authorities, contracts, and
after the date of enactment of this Act, the Sec-
Commission to carry out this subsection, to re- water control manuals within the Rio Grande
retary shall convene a Federal Working Group,
main available until expended— Basin, consistent with the recommendations
to be known as the ‘‘Rio Grande Basin Working
(A) $4,400,000 for fiscal year 2023; and provided in subsection (c)(1)(E);
Group’’, to consult and collaborate with the (D) studies of relevant projects and activities
(B) not less than $2,500,000 for fiscal year 2024 Basin States, Indian Tribes, units of local gov-
and each fiscal year thereafter. requiring further authorization;
ernment, irrigation districts, conservation dis- (E) the establishment of a collaborative
(d) DEBRIS SCREEN.— tricts, acequias, land grant-mercedes, and other
(1) DEBRIS SCREEN REQUIRED.— science, data, and monitoring program for the
local partners in the Rio Grande Basin to de- Rio Grande Basin; and
(A) IN GENERAL.—The Commission shall con- velop and implement an integrated water re-
struct, operate, and maintain a debris screen at (F) the establishment of a coordinated tech-
sources management plan for the Rio Grande nical assistance program to support Rio Grande
Manhole One of the International Outfall Inter- Basin using the best available science, data,
ceptor for intercepting debris and drug bundles Basin stakeholders in accessing resources and
and local knowledge. programs to achieve the purposes of this sub-
coming to the United States from Nogales, So- (b) PURPOSE.—The purpose of the Basin Plan
nora, Mexico. title.
is to improve— (2) WAIVER.—In implementing this subsection,
(B) REQUIREMENT.—In constructing and oper- (1) water security and quality for communities
ating the debris screen under subparagraph (A), the relevant agencies of the Working Group may
throughout the Rio Grande Basin;
the Commission and the Commissioner of U.S. waive or reduce Federal cost-share requirements
(2) river and watershed health for ecosystems,
Customs and Border Protection shall coordi- for projects and activities that demonstrate sig-
fish, and wildlife in the Rio Grande Basin;
nate— (3) the resilience of communities and eco- nificant public benefits in accordance with the
(i) the removal of drug bundles and other il- systems in the Rio Grande Basin to drought and purpose described in subsection (b).
licit goods caught in the debris screen; and hydrologic change; and (f) REQUIREMENTS.—The projects and activi-
(ii) other operations at the International Out- (4) consultation, collaboration, and partner- ties implemented pursuant to subsection (e)
fall Interceptor that require coordination. ships among Federal agencies, Basin States, In- shall be—
dian Tribes, and local partners within the Rio (1) subject to required authorization and ap-
(2) AUTHORIZATION OF APPROPRIATIONS.—
Grande Basin. propriation by Congress;
There are authorized to be appropriated to the
(c) REQUIREMENTS.—The Basin Plan shall in- (2) contingent on the completion of applicable
Commission, to remain available until ex-
clude— feasibility studies, environmental reviews, and
pended—
(1) a list of recommended projects and activi- cost-benefit analyses that include favorable rec-
(A) $11,900,000 for fiscal year 2023 for con-
ties to achieve the purpose described in sub- ommendations for the proposed projects and ac-
struction of the debris screen described in para-
section (b), using the best available science for tivities; and
graph (1)(A); and
current and future conditions in the Rio Grande (3) implemented—
(B) $2,200,000 for fiscal year 2024 and each fis-
Basin, including recommendations for— (A) in accordance with applicable law, includ-
cal year thereafter for the operations and main-
(A) improving infrastructure design, mainte- ing—
tenance of the debris screen described in para-
nance, repair, planning, management, and oper- (i) the National Environmental Policy Act of
graph (1)(A).
ations throughout the Rio Grande Basin; 1969 (42 U.S.C. 4321 et seq.);
(e) LIMITATION OF CLAIMS.—Chapter 171 and (ii) the Endangered Species Act of 1973 (16
section 1346(b) of title 28, United States Code (B) improving science, data, monitoring, and
collaboration to improve understanding of the U.S.C. 1531 et seq.); and
(commonly known as the ‘‘Federal Tort Claims (iii) the Federal Water Pollution Control Act
Act’’), shall not apply to any claim arising from Rio Grande Basin, including—
(i) the hydrology and other processes of the (33 U.S.C. 1251 et seq.);
the activities of the Commission in carrying out (B) in consultation with and in accordance
this section, including any claim arising from Rio Grande Basin; and
(ii) the long-term availability of water across with State, Tribal, and local authorities in the
damages that result from overflow of the Inter- Basin States;
national Outfall Interceptor due to excess in- the Rio Grande Basin;
(C) increasing water conservation in the Rio (C) within the State of Colorado—
flow to the International Outfall Interceptor (i) only upon the consent of the State of Colo-
Grande Basin through partnerships with com-
originating from Nogales, Sonora, Mexico. rado, acting through the Colorado Division of
munities and water users;
TITLE VIII—RIO GRANDE WATER (D) investments in nature-based features, in- Water Resources; and
SECURITY frastructure, and habitat improvements to im- (ii) rely on and not duplicate existing studies
SEC. 801. SHORT TITLE. prove river health, resilience, water security, and models developed and maintained by the
This title may be cited as the ‘‘Rio Grande and hazard mitigation in the Rio Grande Basin; State of Colorado to the greatest extent prac-
Water Security Act’’. (E) updating reservoir operations authorities ticable;
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and water control manuals; and (D) in accordance with interstate and inter-
Subtitle A—Rio Grande Water Security national agreements applicable to the Rio
(F) improving consultation, collaboration, and
SEC. 811. DEFINITIONS. partnerships throughout the Rio Grande Basin Grande Basin; and
In this subtitle: to achieve the objectives described in subpara- (E) in accordance with the water rights of any
(1) BASIN PLAN.—The term ‘‘Basin Plan’’ graphs (A) through (E); Indian Tribe or agreements between any Indian
means the integrated water resources manage- (2) a list of potential changes to existing Fed- Tribe and the United States.
ment plan for the Rio Grande Basin developed eral authorities that may be needed to imple- (g) AUTHORIZATION OF APPROPRIATIONS.—
under section 812(a). ment the Basin Plan; and There are authorized to be appropriated to the
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7461
heads of the agencies represented on the Work- (2) by striking ‘‘$6,000,000’’ and all that fol- SEC. 104. HERMIT’S PEAK/CALF CANYON FIRE AS-
ing Group such sums as are necessary to carry lows through the period at the end and insert- SISTANCE.
out this subtitle for each of fiscal years 2023 ing ‘‘such sums as are necessary for each of fis- (a) FINDINGS AND PURPOSES.—
through 2052. cal years 2022 through 2032.’’. (1) FINDINGS.—Congress finds that—
SEC. 813. RIO GRANDE BASIN WORKING GROUP. (A) on April 6, 2022, the Forest Service initi-
DIVISION C—OTHER FIRE, DROUGHT, AND
ated the Las Dispensas-Gallinas prescribed burn
(a) COMPOSITION.—The Working Group shall EXTREME WEATHER PROGRAMS
be composed of the following members: on Federal land in the Santa Fe National Forest
TITLE I—INFRASTRUCTURE, ENERGY, AND in San Miguel County, New Mexico, when er-
(1) The Administrator of the Environmental ASSISTANCE
Protection Agency. ratic winds were prevalent in the area that was
SEC. 101. NATURAL DISASTER GRID MITIGATION also suffering from severe drought after many
(2) The Assistant Secretary of the Army for MAP.
Civil Works. years of insufficient precipitation;
(a) ESTABLISHMENT.—The Secretary shall es- (B) on April 6, 2022, the prescribed burn,
(3) The Chief of the Forest Service.
tablish and maintain a Natural Disaster Grid which became known as the ‘‘Hermit’s Peak
(4) The Chief of the Natural Resources Con-
Mitigation Map that identifies critical electric Fire’’, exceeded the containment capabilities of
servation Service.
grid infrastructure in each State that is vulner- the Forest Service, was declared a wildfire, and
(5) The Commissioner of the International
able to natural disasters. spread to other Federal and non-Federal land;
Boundary and Water Commission.
(b) REPORT.— (C) on April 19, 2022, the Calf Canyon Fire,
(6) The Commissioner of Reclamation.
(1) IN GENERAL.—Not later than 180 days after also in San Miguel County, New Mexico, began
(7) The Director of any National Laboratory
the date of enactment of this Act, and annually burning on Federal land and was later identi-
located in a Basin State.
thereafter, the Secretary shall develop a report fied as the result of a pile burn in January 2022
(8) The Director of the Bureau of Indian Af-
that— that remained dormant under the surface before
fairs.
(A) analyzes how vulnerable critical electric reemerging;
(9) The Director of the Bureau of Land Man-
grid infrastructure in each State is to natural (D) on April 27, 2022, the Hermit’s Peak Fire
agement.
disasters; and and the Calf Canyon Fire merged, and both
(10) The Director of the National Park Serv-
(B) identifies parts of such critical electric fires were reported as the Hermit’s Peak Fire or
ice.
grid infrastructure that are high risk for energy the Hermit’s Peak/Calf Canyon Fire, (referred
(11) The Director of the United States Fish
disruptions caused by natural disasters. hereafter in this subsection as the ‘‘Hermit’s
and Wildlife Service.
(2) AVAILABILITY.—The Secretary shall make Peak/Calf Canyon Fire’’);
(12) The Director of the United States Geologi-
the report developed under paragraph (1) avail- (E) by May 2, 2022, the fire had grown in size
cal Survey.
able to other relevant Federal agencies to con- and caused evacuations in multiple villages and
(13) The Secretary of Energy.
sider when funding disaster mitigation and re- communities in San Miguel County and Mora
(14) The Under Secretary for Rural Develop-
siliency efforts. County, including in the San Miguel county
ment.
(c) DEFINITIONS.—In this section: jail, the State’s psychiatric hospital, the United
(15) The heads of any other relevant Federal
(1) CRITICAL ELECTRIC GRID INFRASTRUC- World College, and New Mexico Highlands Uni-
agencies, as determined to be appropriate by a
TURE.—The term ‘‘critical electric grid infra- versity;
majority of the members of the Working Group
structure’’ includes transmission lines of 66 kilo- (F) on May 4, 2022, the President issued a
described in paragraphs (1) through (14).
volt-amperes and above and other infrastruc- major disaster declaration for the counties of
(b) DUTIES.—The Working Group shall con-
ture, as determined by the Secretary. Colfax, Mora, and San Miguel, New Mexico;
sult, collaborate, and work with Basin States,
(2) NATURAL DISASTER.—The term ‘‘natural (G) on May 20, 2022, U.S. Forest Service Chief
Indian Tribes located within the Rio Grande
disaster’’ means a wildfire, hurricane, tornado, Randy Moore ordered a 90-day review of pre-
Basin, and local partners—
extreme temperature, storm, flood, earthquake, scribed burn policies to reduce the risk of
(1) to develop and implement a Basin Plan;
volcanic eruption, or other natural occurrence wildfires and ensure the safety of the commu-
and
of such magnitude or severity so as to be consid- nities involved;
(2) on submission of the Basin Plan to Con-
ered disastrous, as determined by the Secretary. (H) the U.S. Forest Service has assumed re-
gress under section 812(d)(1)(A), to support on-
(3) SECRETARY.—The term ‘‘Secretary’’ means sponsibility for the Hermit’s Peak/Calf Canyon
going collaboration across the Rio Grande Basin
the Secretary of Energy. Fire;
among Federal stakeholders and non-Federal
(4) STATE.—The term ‘‘State’’ means each of (I) the fire resulted in the loss of Federal,
stakeholders within the Rio Grande Basin.
the several States, the District of Columbia, any State, local, Tribal, and private property; and
SEC. 814. EFFECT OF SUBTITLE.
territory or possession of the United States, and (J) the United States should compensate the
Nothing in this subtitle— any federally recognized Indian Tribe.
(1) affects, waives, abrogates, diminishes, de- victims of the Hermit’s Peak/Calf Canyon Fire.
SEC. 102. INTERREGIONAL MINIMUM TRANSFER (2) PURPOSES.—The purposes of this section
fines, or interprets any water right of any In- CAPABILITY REQUIREMENTS.
dian Tribe or agreement between any Indian are—
(a) FINDING.—Congress finds that extreme (A) to compensate victims of the Hermit’s
Tribe and the United States; weather is increasing in frequency and poses a
(2) affects a contract or benefit in existence on Peak/Calf Canyon Fire, for injuries resulting
significant risk to the reliability of the electric from the fire; and
the date of enactment of this Act that was exe- grid.
cuted pursuant to the reclamation laws, unless (B) to provide for the expeditious consider-
(b) RULEMAKING.—Not later than 18 months ation and settlement of claims for those injuries.
otherwise agreed to by the parties to the con- after the date of enactment of this Act, the Fed- (b) DEFINITIONS.—In this section:
tract or benefit; eral Energy Regulatory Commission shall, pur- (1) ADMINISTRATOR.—The term ‘‘Adminis-
(3) amends, modifies, or is in conflict with any suant to section 206 of the Federal Power Act trator’’ means—
interstate or international agreement regarding (16 U.S.C. 824e), promulgate a final rule that es- (A) the Administrator of the Federal Emer-
the Rio Grande and the waters of the Rio tablishes minimum transfer capability require- gency Management Agency; or
Grande, or any other interstate compact or ments between transmission planning regions. (B) if a Manager is appointed under sub-
agreement regarding water, including the Rio
SEC. 103. CRITICAL DOCUMENT FEE WAIVER. section (c)(1)(C), the Manager.
Grande Compact consented to by Congress in
Section 1238(a) of the Disaster Recovery Re- (2) HERMIT’S PEAK/CALF CANYON FIRE.—The
the Act of May 31, 1939 (53 Stat. 785. Ch.155), or
form Act of 2018 (42 U.S.C. 5174b) is amended— term ‘‘Hermit’s Peak/Calf Canyon Fire’’
the Colorado River Compact consented to by
(1) in paragraph (2), by striking ‘‘applies re- means—
Congress in the Act of August 19, 1921 (42 Stat.
gardless’’ and inserting ‘‘and the requirement of (A) the fire resulting from the initiation by the
171, Ch. 72), the 1906 Convention, the 1944 Trea-
the President to waive fees under paragraph (4) Forest Service of a prescribed burn in the Santa
ty with Mexico, and Upper Colorado River
apply regardless’’; Fe National Forest in San Miguel County, New
Basin Compact consented to by Congress in the
(2) by redesignating paragraph (4) as para- Mexico, on April 6, 2022;
Act of April 6, 1949 (63 Stat. 31); (B) the pile burn holdover resulting from the
graph (5); and
(4) affects any ongoing treaty obligations;
(3) by inserting after paragraph (3) the fol- prescribed burn by the Forest Service, which re-
(5) changes the commitments and requirements
lowing: emerged on April 19, 2022; and
contained in Public Law 92–514 concerning the
‘‘(4) MANDATORY AUTOMATIC WAIVER.—The (C) the merger of the two fires described in
Closed Basin Project; or
President, in consultation with the Governor of subparagraphs (A) and (B), reported as the Her-
(6) limits or affects any Basin State or Indian
a State, shall automatically provide a fee waiver mit’s Peak Fire or the Hermit’s Peak Fire/Calf
Tribe in the management of water quantity or
described in paragraph (1) to an individual or Canyon Fire.
quality in accordance with State or Tribal laws,
household that has been adversely affected by a (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
as applicable.
major disaster declared under section 401 of the means the recognized governing body of any In-
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Subtitle B—Pueblo Irrigation Robert T. Stafford Disaster Relief and Emer- dian or Alaska Native Tribe, band, nation,
SEC. 821. REAUTHORIZATION OF PUEBLO IRRIGA- gency Assistance Act (42 U.S.C. 5170)— pueblo, village, community, component band, or
TION INFRASTRUCTURE GRANTS. ‘‘(A) for which the President provides assist- component reservation individually identified
Section 9106(g)(2) of the Omnibus Public Land ance to individuals and households under sec- (including parenthetically) in the list published
Management Act of 2009 (Public Law 111–11; 123 tion 408 of that Act (42 U.S.C. 5174); and most recently as of the date of enactment of this
Stat. 1309) is amended— ‘‘(B) that destroyed a critical document de- Act pursuant to section 104 of the Federally
(1) by striking ‘‘is authorized’’ and inserting scribed in paragraph (1) of the individual or Recognized Indian Tribe List Act of 1994 (25
‘‘are authorized’’; and household.’’. U.S.C. 5131).
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H7462 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(4) INJURED PERSON.—The term ‘‘injured per- (i) IN GENERAL.— (ii) BUSINESS LOSS.—A claim that is paid for
son’’ means— (I) PAYMENT.—Not later than 180 days after injury under this section may include damages
(A) an individual, regardless of the citizenship the date on which a claim is submitted under resulting from the Hermit’s Peak/Calf Canyon
or alien status of the individual; or this section, the Administrator shall determine Fire for the following types of otherwise uncom-
(B) an Indian Tribe, corporation, Tribal cor- and fix the amount, if any, to be paid for the pensated business loss:
poration, partnership, company, association, claim. (I) Damage to tangible assets or inventory.
county, township, city, State, school district, or (II) PRIORITY.—The Administrator, to the (II) Business interruption losses.
other non-Federal entity (including a legal rep- maximum extent practicable, shall pay subroga- (III) Overhead costs.
resentative) that suffered injury resulting from tion claims submitted under this section only (IV) Employee wages for work not performed.
the Hermit’s Peak/Calf Canyon Fire. after paying claims submitted by injured parties (V) Any other loss that the Administrator de-
(5) INJURY.—The term ‘‘injury’’ has the same that are not insurance companies seeking pay- termines to be appropriate for inclusion as busi-
meaning as the term ‘‘injury or loss of property, ment as subrogees. ness loss.
or personal injury or death’’ as used in section (ii) PARAMETERS OF DETERMINATION.—In de- (iii) FINANCIAL LOSS.—A claim that is paid for
1346(b)(1) of title 28, United States Code. termining and settling a claim under this sec- injury under this section may include damages
(6) MANAGER.—The term ‘‘Manager’’ means tion, the Administrator shall determine only— resulting from the Hermit’s Peak/Calf Canyon
an Independent Claims Manager appointed (I) whether the claimant is an injured person; Fire for the following types of otherwise uncom-
under subsection (c)(1)(C). (II) whether the injury that is the subject of pensated financial loss:
(7) OFFICE.—The term ‘‘Office’’ means the Of- the claim resulted from the fire; (I) Increased mortgage interest costs.
fice of Hermit’s Peak/Calf Canyon Fire Claims (III) the amount, if any, to be allowed and (II) An insurance deductible.
established by subsection (c)(1)(B). paid under this section; and (III) A temporary living or relocation expense.
(8) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ (IV) the person or persons entitled to receive (IV) Lost wages or personal income.
includes any Indian Tribe, tribal organization, the amount. (V) Emergency staffing expenses.
Indian-controlled organization serving Indians, (iii) INSURANCE AND OTHER BENEFITS.— (VI) Debris removal and other cleanup costs.
Native Hawaiian organization, or Alaska Native (I) IN GENERAL.—In determining the amount (VII) Costs of reasonable efforts, as deter-
entity, as such terms are defined or used in sec- of, and paying, a claim under this section, to mined by the Administrator, to reduce the risk
tion 166 of the Workforce Innovation and Op- prevent recovery by a claimant in excess of ac- of wildfire, flood, or other natural disaster in
portunity Act (25 U.S.C. 5304). tual compensatory damages, the Administrator the counties impacted by the Hermit’s Peak/Calf
(c) COMPENSATION FOR VICTIMS OF HERMIT’S shall reduce the amount to be paid for the claim Canyon Fire to risk levels prevailing in those
PEAK/CALF CANYON FIRE.— by an amount that is equal to the total of insur- counties before the Hermit’s Peak/Calf Canyon
(1) IN GENERAL.— ance benefits (excluding life insurance benefits) Fire, that are incurred not later than the date
(A) COMPENSATION.—Each injured person or other payments or settlements of any nature that is 3 years after the date on which the regu-
shall be entitled to receive from the United that were paid, or will be paid, with respect to lations under paragraph (6) are first promul-
States compensation for injury suffered by the the claim. gated.
injured person as a result of the Hermit’s Peak/ (II) GOVERNMENT LOANS.—This subparagraph (VIII) A premium for flood insurance that is
Calf Canyon Fire. shall not apply to the receipt by a claimant of required to be paid on or before May 31, 2024, if,
(B) OFFICE OF HERMIT’S PEAK/CALF CANYON any government loan that is required to be re- as a result of the Hermit’s Peak/Calf Canyon
FIRE CLAIMS.— paid by the claimant. Fire, a person that was not required to purchase
(i) IN GENERAL.—There is established within (B) PARTIAL PAYMENT.— flood insurance before the Hermit’s Peak/Calf
the Federal Emergency Management Agency an (i) IN GENERAL.—At the request of a claimant, Canyon Fire is required to purchase flood insur-
Office of Hermit’s Peak/Calf Canyon Fire the Administrator may make 1 or more advance ance.
Claims. or partial payments before the final settlement (IX) A disaster assistance loan received from
(ii) PURPOSE.—The Office shall receive, proc- of a claim, including final settlement on any the Small Business Administration.
ess, and pay claims in accordance with this sec- portion or aspect of a claim that is determined (X) Any other loss that the Administrator de-
tion. to be severable. termines to be appropriate for inclusion as fi-
(iii) FUNDING.—The Office— (ii) JUDICIAL DECISION.—If a claimant receives nancial loss.
(I) shall be funded from funds made available (5) ACCEPTANCE OF AWARD.—The acceptance
a partial payment on a claim under this section,
to the Administrator under this section; by a claimant of any payment under this sec-
but further payment on the claim is subse-
(II) may appoint and fix the compensation of
quently denied by the Administrator, the claim- tion, except an advance or partial payment
such temporary personnel as may be necessary,
ant may— made under paragraph (4)(B), shall—
without regard to the provisions of title 5, (A) be final and conclusive on the claimant,
(I) seek judicial review under paragraph (9);
United States Code, governing appointments in with respect to all claims arising out of or relat-
and
competitive service; and ing to the same subject matter; and
(II) keep any partial payment that the claim-
(III) may reimburse other Federal agencies for
ant received, unless the Administrator deter- (B) constitute a complete release of all claims
claims processing support and assistance.
mines that the claimant— against the United States (including any agency
(C) OPTION TO APPOINT INDEPENDENT CLAIMS
(aa) was not eligible to receive the compensa- or employee of the United States) under chapter
MANAGER.—The Administrator may appoint an
tion; or 171 of title 28, United States Code (commonly
Independent Claims Manager to—
(i) head the Office; and (bb) fraudulently procured the compensation. known as the ‘‘Federal Tort Claims Act’’), or
(ii) assume the duties of the Administrator (C) RIGHTS OF INSURER OR OTHER THIRD any other Federal or State law, arising out of or
under this section. PARTY.—If an insurer or other third party pays relating to the same subject matter.
(2) SUBMISSION OF CLAIMS.—Not later than 2 any amount to a claimant to compensate for an (6) REGULATIONS AND PUBLIC INFORMATION.—
years after the date on which regulations are injury described in paragraph (1), the insurer or (A) REGULATIONS.—Notwithstanding any
first promulgated under paragraph (6), an in- other third party shall be subrogated to any other provision of law, not later than 45 days
jured person may submit to the Administrator a right that the claimant has to receive any pay- after the date of enactment of this section, the
written claim for 1 or more injuries suffered by ment under this section or any other law. Administrator shall promulgate and publish in
the injured person in accordance with such re- (D) ALLOWABLE DAMAGES.— the Federal Register interim final regulations
quirements as the Administrator determines to (i) LOSS OF PROPERTY.—A claim that is paid for the processing and payment of claims under
be appropriate. for loss of property under this section may in- this section.
(3) INVESTIGATION OF CLAIMS.— clude otherwise uncompensated damages result- (B) PUBLIC INFORMATION.—
(A) IN GENERAL.—The Administrator shall, on ing from the Hermit’s Peak/Calf Canyon Fire (i) IN GENERAL.—At the time at which the Ad-
behalf of the United States, investigate, con- for— ministrator promulgates regulations under sub-
sider, ascertain, adjust, determine, grant, deny, (I) an uninsured or underinsured property paragraph (A), the Administrator shall publish,
or settle any claim for money damages asserted loss; online and in print, in newspapers of general
under paragraph (2). (II) a decrease in the value of real property; circulation in the State of New Mexico, a clear,
(B) APPLICABILITY OF STATE LAW.—Except as (III) damage to physical infrastructure, in- concise, and easily understandable explanation,
otherwise provided in this section, the laws of cluding irrigation infrastructure such as in English and Spanish, of—
the State of New Mexico shall apply to the cal- acequia systems; (I) the rights conferred under this section; and
culation of damages under paragraph (4)(D). (IV) a cost resulting from lost subsistence from (II) the procedural and other requirements of
(C) EXTENT OF DAMAGES.—Any payment hunting, fishing, firewood gathering, timbering, the regulations promulgated under subpara-
under this section— grazing, or agricultural activities conducted on graph (A).
(i) shall be limited to actual compensatory land damaged by the Hermit’s Peak/Calf Can- (ii) DISSEMINATION THROUGH OTHER MEDIA.—
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damages measured by injuries suffered; and yon Fire; The Administrator shall disseminate the expla-
(ii) shall not include— (V) a cost of reforestation or revegetation on nation published under clause (i) through
(I) interest before settlement or payment of a Tribal or non-Federal land, to the extent that websites, blogs, social media, brochures, pam-
claim; or the cost of reforestation or revegetation is not phlets, radio, television, and other media that
(II) punitive damages. covered by any other Federal program; and the Administrator determines are likely to reach
(4) PAYMENT OF CLAIMS.— (VI) any other loss that the Administrator de- prospective claimants.
(A) DETERMINATION AND PAYMENT OF termines to be appropriate for inclusion as loss (7) CONSULTATION.—In administering this sec-
AMOUNT.— of property. tion, the Administrator shall consult with the
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7463
Secretary of the Interior, the Secretary of En- quirement for State or local matching funds to shall include a threshold metric that assesses
ergy, the Secretary of Agriculture, the Adminis- pay the cost of the project under the Federal the financial impact to a State or local govern-
trator of the Small Business Administration, program. ment from responding to a fire for which fire
other Federal agencies, and State, local, and (ii) FEDERAL SHARE.—The Federal share of the management assistance is being provided.
Tribal authorities, as determined to be necessary costs of a project described in clause (i) shall be SEC. 106. TRANSITIONAL SHELTERING ASSIST-
by the Administrator, to— 100 percent. ANCE.
(A) ensure the efficient administration of the (B) OTHER NEEDS PROGRAM ASSISTANCE.—Not- (a) DEFINITIONS.—In this section:
claims process; and withstanding section 408(g)(2) of the Robert T. (1) INDIVIDUAL AT RISK OF WILDFIRE SMOKE
(B) provide for local concerns. Stafford Disaster Relief and Emergency Assist- RELATED ILLNESS.—The term ‘‘individual at risk
(8) ELECTION OF REMEDY.— ance Act (42 U.S.C. 5174(g)(2)), for any emer- of wildfire smoke related illness’’ means an indi-
(A) IN GENERAL.—An injured person may elect gency or major disaster declared by the Presi- vidual, living in an area where the air quality
to seek compensation from the United States for dent under that Act for the Hermit’s Peak/Calf index is determined to be unhealthy for not less
1 or more injuries resulting from the Hermit’s Canyon Fire, the Federal share of assistance than 3 consecutive days as a result of a wildfire,
Peak/Calf Canyon Fire by— provided under that section shall be 100 percent. who is—
(i) submitting a claim under this section; (12) APPLICABILITY OF DEBT COLLECTION RE- (A) a low-income individual;
(ii) filing a claim or bringing a civil action QUIREMENTS.—Section 3711(a) of title 31, United (B) a parent or guardian with a child who has
under chapter 171 of title 28, United States Code States Code, shall not apply to any payment not attained 19 years of age;
(commonly known as the ‘‘Federal Tort Claims under this section, unless— (C) a pregnant woman;
Act’’); or (A) there is evidence of civil or criminal fraud, (D) an individual who is 65 years of age or
(iii) bringing an authorized civil action under misrepresentation, presentation of a false claim; older;
any other provision of law. or (E) an individual with chronic respiratory or
(B) EFFECT OF ELECTION.—An election by an (B) a claimant was not eligible under para- cardiovascular illness; or
injured person to seek compensation in any graph (4)(B) of this section to any partial pay- (F) an individual with a chronic disease that
manner described in subparagraph (A) shall be ment. is exacerbated by smoke inhalation.
final and conclusive on the claimant with re- (13) INDIAN COMPENSATION.—Notwithstanding (2) LOW-INCOME INDIVIDUAL.—The term ‘‘low-
spect to all injuries resulting from the Hermit’s any other provision of law, in the case of an In- income individual’’ means an individual from a
Peak/Calf Canyon Fire that are suffered by the dian Tribe, a Tribal entity, or a member of an family whose taxable income (as defined in sec-
claimant. Indian Tribe that submits a claim under this tion 63 of the Internal Revenue Code of 1986) for
(C) ARBITRATION.— section— the preceding year did not exceed 200 percent of
(i) IN GENERAL.—Not later than 45 days after (A) the Bureau of Indian Affairs shall have an amount equal to the poverty level, as deter-
the date of enactment of this Act, the Adminis- no authority over, or any trust obligation re- mined by using criteria of poverty established by
trator shall establish by regulation procedures garding, any aspect of the submission of, or any the Bureau of the Census.
under which a dispute regarding a claim sub- payment received for, the claim; (3) QUALIFIED ENTITY.—The term ‘‘qualified
mitted under this section may be settled by arbi- (B) the Indian Tribe, Tribal entity, or member entity’’ means—
tration. of an Indian Tribe shall be entitled to proceed (A) a State or unit of local government;
(ii) ARBITRATION AS REMEDY.—On establish- under this section in the same manner and to (B) a local public health authority; and
ment of arbitration procedures under clause (i), the same extent as any other injured person; (C) a coordinated care organization.
an injured person that submits a disputed claim and (b) TRANSITIONAL SHELTERING ASSISTANCE
under this section may elect to settle the claim (C) except with respect to land damaged by PROGRAM.—In carrying out the Transitional
through arbitration. the Hermit’s Peak/Calf Canyon Fire that is the Sheltering Assistance Program of the Federal
(iii) BINDING EFFECT.—An election by an in- subject of the claim, the Bureau of Indian Af- Emergency Management Agency under section
jured person to settle a claim through arbitra- fairs shall have no responsibility to restore land 403 of the Robert T. Stafford Disaster Relief and
tion under this subparagraph shall— damaged by the Hermit’s Peak/Calf Canyon Emergency Assistance Act (42 U.S.C. 5170b), the
(I) be binding; and Fire. President shall—
(II) preclude any exercise by the injured per- (14) REPORT.—Not later than 1 year after the (1) provide assistance to a qualified entity to
son of the right to judicial review of a claim de- date of promulgation of regulations under para- purchase and provide, to an individual at risk
scribed in paragraph (9). graph (6)(A), and annually thereafter, the Ad- of wildfire smoke related illness, smoke-inhala-
(D) NO EFFECT ON ENTITLEMENTS.—Nothing in ministrator shall submit to Congress a report tion prevention equipment, including—
this section affects any right of a claimant to that describes the claims submitted under this (A) a portable air filtration unit;
file a claim for benefits under any Federal enti- section during the year preceding the date of (B) an air filter;
tlement program. submission of the report, including, for each (C) a face mask or respirator, such as—
(9) JUDICIAL REVIEW.— claim— (i) an N95 respirator;
(A) IN GENERAL.—Any claimant aggrieved by (A) the amount claimed; (ii) a P100 respirator; or
a final decision of the Administrator under this (B) a brief description of the nature of the (iii) other equipment certified by the National
section may, not later than 60 days after the claim; and Institute for Occupational Safety and Health to
date on which the decision is issued, bring a (C) the status or disposition of the claim, in- protect from airborne particle exposure;
civil action in the United States District Court cluding the amount of any payment under this (D) low-cost equipment to keep smoke out of a
for the District of New Mexico, to modify or set section. house, such as:
aside the decision, in whole or in part. (15) AUTHORIZATION OF APPROPRIATIONS.— (i) a weather strip;
(B) RECORD.—The court shall hear a civil ac- There are authorized to be appropriated such (ii) not more than 1 portable air-conditioning
tion under subparagraph (A) on the record sums as are necessary to carry out this section. unit per household;
made before the Administrator. SEC. 105. FIRE MANAGEMENT ASSISTANCE COST (iii) ventilation equipment;
(C) STANDARD.—The decision of the Adminis- SHARE. (iv) a screening and shading device; or
trator incorporating the findings of the Admin- (a) IN GENERAL.—Section 420 of the Robert T. (v) a window covering; or
istrator shall be upheld if the decision is sup- Stafford Disaster Relief and Emergency Assist- (E) other similarly effective devices; and
ported by substantial evidence on the record ance Act is amended— (2) in any case in which smoke-inhalation
considered as a whole. (1) by redesignating subsection (e) as sub- prevention equipment is not sufficient to miti-
(10) ATTORNEY’S AND AGENT’S FEES.— section (f); and gate the risk of illness, provide cost-efficient
(A) IN GENERAL.—No attorney or agent, acting (2) by inserting after subsection (d) the fol- transitional shelter assistance to an individual
alone or in combination with any other attorney lowing: at risk of wildfire smoke related illness.
or agent, shall charge, demand, receive, or col- ‘‘(e) FEDERAL SHARE.—The Federal share of (c) APPLICABILITY.—The amendments made by
lect, for services rendered in connection with a assistance under this section shall be not less this section shall apply with respect to any
claim submitted under this section, fees in excess than 75 percent of the eligible cost of such as- amounts appropriated after the date of enact-
of the limitations established under section 2678 sistance.’’. ment of this Act.
of title 28, United States Code. (b) APPLICABILITY.—The amendment made by SEC. 107. GRID RESILIENCE STUDY.
(B) VIOLATION.—An attorney or agent who subsection (a) shall only apply to amounts ap- (a) IN GENERAL.—Not later than 1 year after
violates subparagraph (A) shall be fined not propriated on or after the date of enactment of the date of enactment of this section, the Fed-
more than $10,000. this Act. eral Energy Regulatory Commission and the De-
(11) WAIVER OF REQUIREMENT FOR MATCHING (c) RULEMAKING.—Not later than 3 years after partment of Energy shall jointly—
FUNDS.— the date of enactment of this Act, the President, (1) conduct a study on the need for, and feasi-
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(A) STATE AND LOCAL PROJECT.— acting through the Administrator of the Federal bility of, establishing or modifying a reliability
(i) IN GENERAL.—Notwithstanding any other Emergency Management Agency, shall conduct standard to ensure the reliable operation of
provision of law, a State or local project that is and complete a rulemaking to provide criteria thermoelectric power plants during droughts;
determined by the Administrator to be carried for the circumstances under which the Adminis- and
out in response to the Hermit’s Peak/Calf Can- trator may recommend the President increase (2) submit to the appropriate committees of
yon Fire under any Federal program that ap- the Federal cost share for section 420 of the Rob- Congress the results of such study.
plies to an area affected by the Hermit’s Peak/ ert T. Stafford Disaster Relief and Emergency (b) DEFINITIONS.—In this section, the term
Calf Canyon Fire shall not be subject to any re- Assistance Act (42 U.S.C. 5187). Such criteria ‘‘appropriate committees of Congress’’ means—
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H7464 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(1) the Committee on Energy and Commerce of higher education 4 centers, each of which shall Federal share shall be not less than 90 percent
the House of Representatives; and be known as a ‘‘Center of Excellence for Wild- of the eligible cost of such assistance.
(2) the Committee on Energy and Natural Re- fire Smoke’’, to carry out research relating to— (2) PROVISIONS.—The provisions of law de-
sources of the Senate. (1) the effects on public health of smoke emis- scribed in this paragraph are sections 403(b),
SEC. 108. NONNATIVE PLANT SPECIES REMOVAL sions from wildland fires; and 403(c)(4), 404(a), 406(b), 408(d), 408(g)(2), 420(a),
GRANT PROGRAM. (2) the means by which communities can bet- and 428(e)(2)(B) of the Robert T. Stafford Dis-
(a) DEFINITIONS.—In this section: ter respond to the impacts of emissions from aster Relief and Emergency Assistance Act (42
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- wildland fires. U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 5172(b),
ty’’ means a partnership between 2 or more enti- (b) AUTHORIZATION OF APPROPRIATIONS.— 5174(d), 5174(g)(2), 5187(a), 5189f(e)(2)).
ties that— There is authorized to be appropriated to the (c) STATE AND LOCAL PLANS FOR MEAL DELIV-
(A) shall include— Administrator to carry out this section ERY.—
(i) at least 1 flood control district; and $10,000,000 for each of fiscal years 2023 through (1) IN GENERAL.—Title IV of the Robert T.
(ii) at least 1 city, county, township, town, 2027. Stafford Disaster Relief and Emergency Assist-
borough, parish, village, or other general pur- SEC. 110. COMMUNITY SMOKE PLANNING. ance Act (42 U.S.C. 5170 et seq.) is amended by
pose political subdivision of a State or Indian (a) IN GENERAL.—Not later than 180 days adding at the end the following:
tribe (as defined in section 4 of the Indian Self- after the date of enactment of this Act, the Ad- ‘‘SEC. 431. STATE AND LOCAL PLANS FOR MEAL
Determination and Education Assistance Act (25 DELIVERY.
ministrator of the Environmental Protection
U.S.C. 5304)); and Agency (referred to in this section as the ‘‘Ad- ‘‘(a) IN GENERAL.—The Administrator may
(B) may include any other entity (such as a ministrator’’) shall establish a competitive grant provide assistance to a State, local government,
nonprofit organization or institution of higher program to assist eligible entities described in or Indian tribal government to reimburse the
education), as determined by the Secretary. subsection (b) in developing and implementing cost of coordinating food delivery, production,
(2) NONNATIVE PLANT SPECIES.—The term collaborative community plans for mitigating and distribution in the event of a major disaster,
‘‘nonnative plant species’’ means a plant species the impacts of smoke emissions from wildland including—
that— fires. ‘‘(1) establishing a network to coordinate food
(A) is nonnative or alien to an ecosystem; and (b) ELIGIBLE ENTITIES.—An entity that is eli- delivery, production, and distribution with busi-
(B) if introduced to that ecosystem, will cause, gible to submit an application for a grant under nesses and private nonprofit organizations;
or is likely to cause, economic harm, environ- subsection (a) is— ‘‘(2) establishing contracts with small and
mental harm, or harm to human health. (1) a State, as defined in section 302 of the mid-sized restaurants, food vendors, and private
(3) SECRETARY.—The term ‘‘Secretary’’ means Clean Air Act (42 U.S.C. 7602); nonprofit organizations, including faith-based
the Secretary of Agriculture. (2) an air pollution control agency, as defined organizations, food banks, and soup kitchens, to
(b) ESTABLISHMENT.—The Secretary shall es- in section 302 of the Clean Air Act (42 U.S.C. prepare healthy meals for people in need; and
tablish a grant program to award grants, on a 7602); ‘‘(3) partnering with private nonprofit organi-
competitive basis, to eligible entities— (3) a municipality, as defined in section 302 of zations, including faith-based organizations,
(1) to remove nonnative plant species in ripar- the Clean Air Act (42 U.S.C. 7602); or food banks, and soup kitchens to purchase di-
ian areas that contribute to drought conditions; (4) an Indian tribe, as defined in section 302 rectly from food producers and farmers.
(2) to replace those nonnative plant species of the Clean Air Act (42 U.S.C. 7602). ‘‘(b) FEDERAL SHARE.—The Federal share of
with native plant species; and (c) APPLICATIONS.—To be eligible to receive a the cost of an activity carried out using assist-
(3) to maintain and monitor riparian areas in grant under subsection (a), an eligible entity de- ance under this section shall be—
scribed in subsection (b) shall submit to the Ad- ‘‘(1) not less than 90 percent of the eligible
which nonnative plant species have been re-
ministrator an application at such time, in such cost of food delivery, production, and distribu-
moved and replaced.
manner, and containing such information as the tion during the 30-day period beginning on the
(c) APPLICATIONS.—
(1) IN GENERAL.—To be eligible to receive a Administrator may require. date of the declaration of the major disaster;
grant under this section, an eligible entity shall (d) TECHNICAL ASSISTANCE.—The Adminis- and
‘‘(2) not less than 90 percent of such eligible
submit to the Secretary an application at such trator may use amounts made available to carry
cost after the end of the 30-day period described
time, in such manner, and containing such in- out this section to provide to eligible entities de-
in paragraph (1).’’.
formation as the Secretary may require, includ- scribed in subsection (b) technical assistance
(2) EMERGENCIES.—Section 502(a) of the Rob-
ing— in—
ert T. Stafford Disaster Relief and Emergency
(A) a plan for how the eligible entity will use (1) submitting grant applications under sub-
Assistance Act (42 U.S.C. 5192(a)) is amended—
grant funds to carry out the activities described section (c); or
(A) in paragraph (7), by striking ‘‘and’’ at the
in paragraphs (1) through (3) of subsection (b); (2) carrying out projects using a grant under
end;
(B) a description of the manner in which the this section.
(B) by redesignating paragraph (8) as para-
eligible entity has carried out the consultation (e) AUTHORIZATION OF APPROPRIATIONS.—
graph (9); and
required under paragraph (2); and There is authorized to be appropriated to the
(C) by inserting after paragraph (7) the fol-
(C) information demonstrating that each na- Administrator to carry out this section
lowing:
tive plant species described in subsection (b)(2) $50,000,000 for each of fiscal years 2023 through ‘‘(8) provide assistance for food delivery, pro-
will— 2027. duction, and distribution in accordance with
(i)(I) reduce flood risk; SEC. 111. DISASTER EQUITY AND FAIRNESS. section 431; and’’.
(II) improve hydrology and water storage ca- (a) DEFINITIONS.—In this section— (3) GUIDANCE.—Not later than 1 year after the
pacities; or (1) the term ‘‘Administrator’’ means the Ad- date of enactment of this Act, the Administrator
(III) reduce fire hazard; and ministrator of the Agency; shall issue comprehensive guidance to States,
(ii) protect and restore rivers and streams and (2) the term ‘‘Agency’’ means the Federal local governments, and Indian tribal govern-
associated riparian habitats, including fish and Emergency Management Agency; ments regarding receiving reimbursement for the
wildlife resources that are dependent on those (3) the term ‘‘emergency’’ means an emergency cost of food delivery, production, and distribu-
habitats. declared or determined to exist by the President tion in the event of an emergency or major dis-
(2) CONSULTATION.—An eligible entity seeking under section 501 of the Robert T. Stafford Dis- aster under section 431 of the Robert T. Stafford
a grant under this section shall consult with aster Relief and Emergency Assistance Act (42 Disaster Relief and Emergency Assistance Act,
local stakeholders, including conservation U.S.C. 5191); as added by paragraph (1), including—
groups, to create the plan described in para- (4) the terms ‘‘Indian tribal government’’ and (A) establishing a coordination network;
graph (1)(A). ‘‘local government’’ have the meanings given (B) enabling streamlined arrangements for
(d) REPORT.—An eligible entity that receives a such terms in section 102 of the Robert T. Staf- food production and distribution; and
grant under this section shall submit to the Sec- ford Disaster Relief and Emergency Assistance (C) streamlined contracting and partnering
retary a report at such time, in such manner, Act (42 U.S.C. 5122); and with private nonprofit organizations such that
and containing such information as the Sec- (5) the term ‘‘major disaster’’ means a major private nonprofit organizations may apply di-
retary may require, including information on disaster declared by the President under section rectly for reimbursement under such section as
methodology and outcomes of nonnative plant 401 of the Robert T. Stafford Disaster Relief and an agent of a State, local government, or Indian
species removal and replacement efforts. Emergency Assistance Act (42 U.S.C. 5170). tribal government.
(e) AUTHORIZATION OF APPROPRIATIONS.— (b) INCREASE COST-SHARE FOR CONSECUTIVE (d) APPLICABILITY.—The amendments made by
There is authorized to be appropriated to carry IMPACTS.— this section shall apply with respect to any
out this section $10,000,000 for fiscal year 2023 (1) IN GENERAL.—Notwithstanding the provi- amounts appropriated after the date of enact-
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and each fiscal year thereafter. sions of law described in paragraph (2), for as- ment of this Act.
SEC. 109. CENTERS OF EXCELLENCE FOR RE- sistance provided under sections 403, 404, 406, SEC. 112. FEMA IMPROVEMENT, REFORM, AND EF-
SEARCH ON WILDFIRE SMOKE. 408, 420, and 428 of the Robert T. Stafford Dis- FICIENCY.
(a) IN GENERAL.—Not later than 180 days aster Relief and Emergency Assistance Act (42 (a) DEFINITIONS.—In this section—
after the date of enactment of this Act, the Ad- U.S.C. 5170b, 5170c, 5172, 5174, 5187, 5189f) to a (1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection local government or Indian tribal government in ministrator of the Agency;
Agency (referred to in this section as the ‘‘Ad- connection with the second, or subsequent, (2) the term ‘‘Agency’’ means the Federal
ministrator’’) shall establish at institutions of major disaster during any 3-year period, the Emergency Management Agency;
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7465
(3) the term ‘‘appropriate committees of Con- Agency present barriers for States, local govern- (f) CRISIS COUNSELING CULTURAL COM-
gress’’ means— ments, or Indian tribal governments trying to PETENCY.—Section 416 of the Robert T. Stafford
(A) the Committee on Homeland Security and access funding to reduce wildfire risk. Disaster Relief and Emergency Assistance Act
Governmental Affairs and the Committee on Ap- (K) An analysis of— (42 U.S.C. 5183) is amended—
propriations of the Senate; and (i) how, if at all, the Agency has modified (1) by striking ‘‘The President’’ and inserting
(B) the Committee on Transportation and In- policies and procedures to determine the eligi- the following:
frastructure and the Committee on Appropria- bility of proposed relocation or mitigation ‘‘(a) IN GENERAL.—The President’’; and
tions of the House of Representatives; projects with respect to wildfires; (2) by adding at the end the following:
(4) the term ‘‘emergency’’ means an emergency (ii) the cost effectiveness of such projects, in ‘‘(b) CULTURAL COMPETENCY.—The President
declared or determined to exist by the President light of the increasing losses and obligations for shall, in consultation with affected States, local
under section 501 of the Robert T. Stafford Dis- wildfires in recent years; and governments, and Indian tribal governments
aster Relief and Emergency Assistance Act (42 (iii) the effectiveness of any modifications de- and cultural experts, ensure that any individual
U.S.C. 5191); scribed in clause (i). providing professional counseling services to vic-
(5) the terms ‘‘Indian tribal government’’, (L) An analysis of how, if at all, recent tims of a major disaster as authorized under
‘‘local government’’, and ‘‘State’’ have the changes in the availability of fire insurance has subsection (a), including those working for non-
meanings given such terms in section 102 of the resulted in modifications of policy or procedure profit partners and recovery organizations, is
Robert T. Stafford Disaster Relief and Emer- with respect to determining the cost efficacy of appropriately trained to address—
gency Assistance Act (42 U.S.C. 5122); and relocation assistance for wildfires. ‘‘(1) cultural competency and respectful care
(6) the term ‘‘major disaster’’ means a major (M) An analysis of how to define repetitive practices; and
disaster declared by the President under section loss and repetitively damaged properties in the ‘‘(2) impacts from major disasters in commu-
401 of the Robert T. Stafford Disaster Relief and context of wildfires. nities, and to individuals, with socio-economi-
Emergency Assistance Act (42 U.S.C. 5170). (N) A discussion of whether any legislative, cally disadvantaged backgrounds.’’.
(b) REPORT ON RELOCATION ASSISTANCE.— regulatory, or policy changes are necessary for (g) CASE MANAGEMENT CULTURAL COM-
(1) IN GENERAL.—Not later than 180 days after the Agency to better implement relocation assist- PETENCY.—Section 426 of the Robert T. Stafford
the date of enactment of this Act, the Adminis- ance to reduce risk from wildfires. Disaster Relief and Emergency Assistance Act
trator shall submit a report regarding the use of (O) Other related issues that the Adminis- (42 U.S.C. 5189d) is amended—
relocation assistance under sections 203, 404, trator determines appropriate. (1) by striking ‘‘The President’’ and inserting
and 406 of the Robert T. Stafford Disaster Relief (c) RED FLAG WARNINGS AND PREDISASTER AC- the following:
and Emergency Assistance Act (42 U.S.C. 5133, TIONS.—Not later than 1 year after the date of ‘‘(a) IN GENERAL.—The President’’; and
enactment of this Act, the Administrator, in co- (2) by adding at the end the following:
5170c, 5172) for wildfire risk to the appropriate
‘‘(b) CULTURAL COMPETENCY.—The President
committees of Congress. ordination with the National Weather Service of
shall, in consultation with affected States, local
(2) CONTENTS.—The report submitted under the National Oceanic and Atmospheric Adminis-
governments, and Indian tribal governments
paragraph (1) shall include the following: tration, shall—
and cultural experts, ensure that any individual
(A) Any information on relocation projects (1) conduct a study of, develop recommenda-
providing case management services to victims of
that have been carried out due to fire risks or tions for, and initiate a process for the use of
a major disaster as authorized under subsection
denied by the Agency, including the number Red Flag Warnings and similar weather alert
(a), including those working for nonprofit part-
and value of projects either carried out or de- and notification methods, including the use of
ners and recovery organizations, is appro-
nied. emerging technologies, to establish—
(B) A discussion of the possible benefits or dis- (A) plans and actions, consistent with law, priately trained to address—
‘‘(1) cultural competency and respectful care
advantages of providing relocation assistance that can be implemented prior to a wildfire
practices; and
that may reduce, but not eliminate, the risk of event, including pre-impact disaster declara-
‘‘(2) impacts from major disasters in commu-
loss due to wildfires. tions and surge operations, that can limit the
nities, and to individuals, with socio-economi-
(C) A discussion of how the Agency may opti- impact, duration, or severity of the fire; and
cally disadvantaged backgrounds.’’.
mize relocation assistance when entire States or (B) mechanisms to increase interagency col-
(h) STUDY AND PLAN FOR DISASTER HOUSING
geographic areas are considered subject to a fire laboration to expedite the delivery of disaster
ASSISTANCE.—
risk. assistance; and (1) STUDY.—Not later than 180 days after the
(D) An analysis of whether other mitigation (2) submit to the appropriate committees of date of enactment of this Act, the Administrator
measures are more cost-effective than relocation Congress a comprehensive report regarding the shall—
assistance when the applicant is applying to study described in paragraph (1), including any (A) conduct a study and develop a plan, con-
move from a high-risk to a medium-risk or low- recommendations of the Administrator, and the sistent with law, under which the Agency will
risk area with respect to wildfires. activities of the Administrator to carry out address providing housing assistance to sur-
(E) An analysis of the need for the Federal paragraph (1). vivors of major disasters or emergencies when
Government to produce wildfire maps that iden- (d) ASSISTANCE FOR WILDFIRE DAMAGE.—Not presented with challenges such as—
tify high-risk, moderate-risk, and low-risk wild- later than 180 days after the date of enactment (i) the lack of proof of ownership or owner-
fire zones. of this Act, the Administrator shall brief the ap- ship documentation;
(F) An analysis of whether other mitigation propriate committees of Congress regarding— (ii) the presence of multiple families within a
measures promote greater resilience to wildfires (1) the application for assistance and consist- single household; and
when compared to relocation or, if additional ency of assistance provided by the Agency in re- (iii) the near loss of a community, with the
data is required in order to carry out such an sponse to wildfires; and majority of homes destroyed in that community,
analysis, a discussion of the additional data re- (2) the kinds of damage that result from including as a result of a wildfire, earthquake,
quired. wildfires. or other event causing a major disaster; and
(G) A discussion of the ability of States, local (e) GAO REPORT ON GAPS.—Not later than 1 (B) make recommendations for legislative
governments, and Indian tribal governments to year after the date of enactment of this Act, the changes needed to address—
demonstrate fire risk, and whether the level of Comptroller General of the United States shall (i) the unmet needs of survivors of major dis-
this ability impacts the ability of States, local submit to the appropriate committees of Con- asters or emergencies who are unable to docu-
governments, or Indian tribal governments to gress a report that examines— ment or prove ownership of the household;
access relocation assistance, including an as- (1) gaps in the policies of the Agency related (ii) the presence of multiple families within a
sessment of existing fire mapping products and to wildfires, when compared to other hazards; single household; and
capabilities and recommendations on redressing (2) disparities in regulations and guidance (iii) the near loss of a community, with the
any gaps in the ability of the Agency to assist issued by the Administrator, including any over- majority of homes destroyed in that community,
States, local governments, and Indian tribal sight of the programs of the Agency, when ad- including as a result of a wildfire, earthquake,
governments in demonstrating fire risk. dressing impacts of wildfires and other hazards; or other event causing a major disaster.
(H) An evaluation of— (3) ways to shorten the period of time between (2) COMPREHENSIVE REPORT.—The Adminis-
(i) the scope of the data available to the Agen- the initiating of and the distribution of assist- trator shall submit to the appropriate commit-
cy regarding historical wildfire losses; ance, reimbursements, and grants; tees of Congress a report that provides a de-
(ii) how such data is utilized in benefit-cost (4) the effectiveness of the programs of the tailed discussion of the plans developed under
analysis determinations by the Agency; Agency in addressing wildfire hazards; paragraph (1)(A) and the recommendations of
(iii) what additional data, if any, may be per- (5) ways to improve the ability of the Agency the Administrator under paragraph (1)(B).
tinent to such determinations; and to assist States, local governments, and Indian (3) BRIEFING.—Not later than 30 days after
(iv) what, if any, alternative methods may be tribal governments to prepare for, respond to, submission of the report and recommendations
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relevant to the determination of cost effective- recover from, and mitigate against wildfire haz- under paragraph (2), the Administrator shall
ness. ards; brief the appropriate committees of Congress on
(I) A discussion of the extent to which the de- (6) revising the application process for assist- the findings and any recommendations made
cision process for relocation assistance appro- ance relating to wildfires to more effectively as- pursuant to this subsection.
priately considers the change in future risks for sess uninsured and underinsured losses and se- (i) REIMBURSEMENT.—Not later than 180 days
wildfires due to a changing climate. rious needs; and after the date of enactment of this Act, the Ad-
(J) An analysis of whether statutes and regu- (7) ways to improve the disaster assistance ministrator shall brief the appropriate commit-
lations regarding relocation assistance by the programs of agencies other than the Agency. tees of Congress regarding the extent to which
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H7466 CONGRESSIONAL RECORD — HOUSE July 29, 2022
the Agency is using housing solutions proposed amounts appropriated after the date of enact- (xii) a facility described in subparagraph (A)
by a State or local government to reduce the ment of this Act. that is owned or operated by, or provides serv-
time or cost required to implement housing solu- SEC. 113. FIRE INVESTIGATIONS. ices to, an Indian Tribe (as defined in section 4
tions after a major disaster. The Federal Fire Prevention and Control Act of the Indian Self-Determination and Education
(j) WILDFIRE INSURANCE STUDY BY THE NA- of 1974 (15 U.S.C. 2201 et seq.) is amended by Assistance Act (25 U.S.C. 5304));
TIONAL ACADEMIES.— adding at the end the following: (2) SECRETARY.—The term ‘‘Secretary’’ means
(1) STUDY.— ‘‘SEC. 38. INVESTIGATION AUTHORITIES. the Secretary of Energy.
(A) IN GENERAL.—Not later than 180 days (b) CRITICAL INFRASTRUCTURE AND MICROGRID
‘‘(a) IN GENERAL.—In the case of any major
after the date of enactment of this Act, the Ad- PROGRAM.—
fire, the Administrator may send incident inves-
ministrator shall seek to enter into an agreement (1) IN GENERAL.—The Secretary shall establish
tigators, which may include safety specialists,
with the National Academy of Sciences to con- a program—
fire protection engineers, codes and standards
duct a study of— (A) to provide grants to improve the energy re-
(i) potential solutions to address the avail- experts, researchers, and fire training special-
silience and power needs of critical facilities
ability and affordability of insurance for wild- ists, to the site of the fire to conduct an inves-
through the use of microgrids, renewable en-
fire perils in all regions of the United States, in- tigation as described in subsection (b).
ergy, energy efficiency, reduced electricity de-
cluding consideration of a national all natural ‘‘(b) INVESTIGATION REQUIRED.—A fire inves-
mand, and on-site storage;
hazards insurance program; tigation conducted under this section—
(B) to provide grants to improve the energy ef-
(ii) the ability of States, communities, and in- ‘‘(1) shall be conducted in coordination and
ficiency of critical facilities by decreasing the
dividuals to mitigate wildfire risks, including cooperation with appropriate Federal, State,
size and cost of generators;
the affordability and feasibility of such mitiga- and local authorities, including Federal agen- (C) to provide technical assistance and facili-
tion activities; cies that are authorized to investigate a major tate the distribution and sharing of information
(iii) the current and potential future effects of fire or an incident of which the major fire is a to develop more resilient electricity systems (in-
land use policies and building codes on the po- part; and cluding bulk systems and localized systems);
tential solutions; ‘‘(2) shall examine the determined cause and
and
(iv) the reasons why many properties at risk origin of the fire and assess broader systematic (D) to promulgate consumer-facing informa-
of wildfire lack insurance coverage; matters to include use of codes and standards, tion and resources to inform the public on best
(v) the role of insurers in providing incentives demographics, structural characteristics, smoke practices and resources related to increasing re-
for wildfire risk mitigation efforts; and fire dynamics (movement) during the event, silience of electricity systems and reducing the
(vi) the state of catastrophic insurance and and costs of associated injuries and deaths. impacts of extreme weather events on electricity
reinsurance markets and the approaches in pro- ‘‘(c) REPORT.—Upon concluding any fire in- systems.
viding insurance protection to different sectors vestigation under this section, the Administrator (2) REQUIREMENTS.—In carrying out the pro-
of the population of the United States; shall issue a public report to local, State, and gram established under paragraph (1), the Sec-
(vii) the role of the Federal Government and Federal authorities on the findings of such in- retary shall ensure, with respect to critical fa-
State and local governments in providing incen- vestigation, or collaborate with another inves- cilities—
tives for feasible wildfire risk mitigation efforts tigating Federal agency on that agency’s report, (A) provision of on-site back-up power with
and the cost of providing assistance in the ab- including recommendations on— renewable resources, low-carbon liquid fuels,
sence of insurance; ‘‘(1) any other buildings with similar charac- and on-site energy storage technologies; and
(viii) the state of modeling and mapping wild- teristics that may bear similar fire risks; (B) installation, at the transmission and dis-
fire risk and solutions for accurately and ade- ‘‘(2) improving tactical response to similar tribution level, of interoperable technologies, ad-
quately identifying future wildfire risk; fires; vanced power flow control, dynamic line rating,
(ix) approaches to insuring wildfire risk in the ‘‘(3) improving civilian safety practices; topology optimization, and communications sys-
United States; and ‘‘(4) assessing the costs and benefits to the tems.
(x) such other issues that may be necessary or community of adding fire safety features; and (3) INTERESTED PARTY INPUT.—In establishing
appropriate for the report. ‘‘(5) how to mitigate the causes of such fire. the program under paragraph (1), the Secretary
(B) CONSULTATION.—The agreement to con- ‘‘(d) DISCRETIONARY AUTHORITY.—In addition shall seek the input of State energy regulators,
duct the study described in subparagraph (A) to investigations conducted pursuant to sub- electric utilities (as defined in section 3 of the
shall require that, in conducting the study, the section (a), the Administrator may send fire in- Federal Power Act (16 U.S.C. 796)), regional
National Academy of Sciences shall consult with vestigators to conduct investigations at the site transmission organizations and independent
State insurance regulators, consumer organiza- of any fire with unusual or remarkable context system operators, electric utility customers and
tions, representatives of the insurance and rein- that results in losses less severe than those oc- ratepayer organizations, local governments,
surance industry, policyholders, and other orga- curring as a result of a major fire, in coordina- community choice aggregators or regional en-
nizations and experts, as appropriate. tion with appropriate Federal, State, and local ergy collaboratives, and other interested parties.
(2) SUBMISSION.—Not later than 2 years after authorities, including Federal agencies that are (c) AUTHORIZATION OF APPROPRIATIONS.—
the date of enactment of this Act, the Adminis- authorized to investigate a major fire or an inci- (1) IN GENERAL.—There is authorized to be ap-
trator shall submit to Congress the results of the dent of which the major fire is a part. propriated to the Secretary $100,000,000 to carry
study commissioned under paragraph (1). ‘‘(e) MAJOR FIRE DEFINED.—For purposes of out this section, to remain available until ex-
(k) INCREASED CAP FOR EMERGENCY DECLARA- this section, the term ‘major fire’ shall have the pended.
TIONS BASED ON REGIONAL COST OF LIVING.— meaning given such term under regulations to (2) ADMINISTRATIVE COSTS.—Of the amount
Not later than 180 days after the date of enact- be issued by the Administrator.’’. authorized to be appropriated to carry out this
ment of this Act, the Administrator shall brief SEC. 114. CRITICAL INFRASTRUCTURE AND section, not more than 10 percent authorized to
the appropriate committees of Congress regard- MICROGRID PROGRAM. be appropriated for salaries and expenses, ad-
ing the benefits and drawbacks of establishing a (a) DEFINITIONS.—In this section: ministrative management, and oversight of the
maximum amount for assistance provided for an (1) CRITICAL FACILITY.— program established under subsection (b)(1).
emergency that is based on the cost of living in (A) IN GENERAL.—The term ‘‘critical facility’’ SEC. 115.
ADVANCED TRANSMISSION TECH-
the region in which the emergency occurs. means a facility that provides services or may be NOLOGY STUDY.
(l) FACILITATING DISPOSAL OF TEMPORARY used— (a) IN GENERAL.—Not later than 1 year after
TRANSPORTABLE HOUSING UNITS TO SUR- (i) to save lives; the date of enactment of this Act, the Secretary
VIVORS.—Section 408(d)(2)(B)(i) of the Robert T. (ii) to protect property, public health, and of Energy shall—
Stafford Disaster Relief and Emergency Assist- public safety; or (1) conduct a study on the ability of advanced
ance Act (42 U.S.C. 5174(d)(2)(B)(i)) is amended (iii) to lessen or avert the threat of a catas- transmission technologies, including low sag ad-
by inserting ‘‘, with priority given to a survivor trophe. vanced conductors, to reduce the vulnerability
of a major disaster who suffered a property loss (B) INCLUSIONS.—The term ‘‘critical facility’’ of electric grid infrastructure to energy disrup-
as a result of the major disaster’’ after ‘‘any includes— tions caused by natural disasters and extreme
person’’. (i) a hospital; weather; and
(m) DEADLINE ON CODE ENFORCEMENT AND (ii) an outpatient clinic; (2) submit to the appropriate committees of
MANAGEMENT COST ELIGIBILITY.—Section (iii) a nursing home; Congress the results of such study.
406(a)(2)(D) of the Robert T. Stafford Disaster (iv) a police station; (b) DEFINITIONS.—In this section, the term
Relief and Emergency Assistance Act (42 U.S.C. (v) an emergency operation center; ‘‘appropriate committees of Congress’’ means—
5172(a)(2)(D)) is amended by striking ‘‘180 days’’ (vi) a jail or prison; (1) the Committee on Energy and Commerce of
and inserting ‘‘1 year’’. (vii) a fire station;
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the House of Representatives; and
(n) PERMIT APPLICATIONS FOR TRIBAL UP- (viii) a facility in the communications sector, (2) the Committee on Energy and Natural Re-
GRADES TO EMERGENCY OPERATIONS CENTERS.— as determined by the Secretary; sources of the Senate.
Section 614(a) of the Robert T. Stafford Disaster (ix) a facility in the chemical sector, as deter-
Relief and Emergency Assistance Act (42 U.S.C. mined by the Secretary; TITLE II—NATIONAL DISASTER SAFETY
5196c(a)) is amended by inserting ‘‘and Indian (x) a school or other large building that may BOARD ACT
tribal governments’’ after ‘‘grants to States’’. serve as a temporary gathering space; SEC. 201. ESTABLISHMENT AND PURPOSE.
(o) APPLICABILITY.—The amendments made by (xi) a utility station, such as a water and (a) ORGANIZATION.—There is established in
this section shall apply with respect to any wastewater station; and the executive branch a National Disaster Safety
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7467
Board, which shall be an independent establish- (B) the incident— (C) leverage, to the extent practicable, data
ment, as defined in section 104 of title 5, United (i) did not result in 10 or more fatalities; and collected using standard data sets and formats
States Code. (ii)(I) could have resulted in a large number of established under subparagraph (B) by Federal
(b) PURPOSE.—The purposes of the Board fatalities if not for swift intervention or a shift entities involved in response operations to avoid
are— in the course of events; or any duplication of data collection; and
(1) to reduce loss of life, injury, and economic (II) resulted in, as determined by the Board— (D) during incident response operations, co-
injury caused by future incidents by learning (aa) a significant amount of economic or in- ordinate with partners active in the operation to
from natural hazards, including the impacts frastructure damage; collect data remotely or take other actions that
and underlying factors of such incidents, in a (bb) significant human displacement; or the Board finds necessary to align and coordi-
standardized way; (cc) a significant number of severe non-fatal nate the requirements of the review with ongo-
(2) to maintain a focus that is future-looking injuries or cases of severe illness; and ing operations, including through the require-
and national in scope, by applying what the (6) shall, by majority vote, determine whether ments of paragraph (7).
Board learns through the trends that emerge each incident for which the President issues a (7) INCIDENT COMMAND.—The Board shall—
from the incidents the Board reviews nationally major disaster declaration under section 401 of (A) recognize the role of incident command
to prevent loss of life, or human or economic in- the Robert T. Stafford Disaster Relief and Emer- systems to address incidents;
jury, not only in the affected jurisdiction, but gency Assistance Act (42 U.S.C. 5170) meets the (B) observe the incident command system to
nationally, as the Board determines relevant; criteria for review under paragraph (5). identify and coordinate review needs related to
(3) in carrying out reviews, analyses, and rec- (c) NATURE OF REVIEW.— the preservation and collection of information
ommendations, not to be accusatory in nature (1) IN GENERAL.—In carrying out a review and evidence; and
and the Board shall not seek to find blame in under this title, the Board shall— (C) shall collect information and evidence
any individual or organization, or second-guess (A) conduct the review to determine the facts, from the incident command in a timely and rea-
any relevant authorities; conditions, and circumstances relating to the sonable manner so as not to interfere with the
(4) to address systemic causes behind the loss loss of life, human injury, and economic injury operations of the incident command.
of life and human or economic injury in inci- due to an incident; (8) PARTIES TO THE REVIEW.—
dents, including by recommending the aug- (B) following an initial assessment of an inci- (A) PARTICIPANTS.—Subject to subparagraph
mentation of resources available to entities re- dent by the Board, notify any individual or or- (B), the Board may invite one or more entities to
sponsible for managing incident consequences; ganization that the Board anticipates will be af- serve as a party in a review on a voluntary
and fected by the review as to the extent of the ex- basis, and any party participant shall be re-
(5) while preventing economic injury as part pected review response of the Board; quired to follow all directions and instructions
of the mission of the Board, when relevant, to (C) use the results of the review under sub-
from the Board.
prioritize efforts that focus on lifesaving and in- paragraph (A) to— (B) ELIGIBLE ENTITY.—In designating an enti-
(i) determine how and why people die and are
jury prevention, especially in disproportionately ty to serve as a party under subparagraph (A),
injured during an incident; and
impacted communities, as its work determines the Board may designate only a Federal, State,
(ii) issue recommendations to prevent or miti-
them to be. or local government agency or private organiza-
gate the loss of life, human injury, or economic
SEC. 202. GENERAL AUTHORITY. tion whose employees, functions, activities, or
injury due to similar incidents; and
(a) AUTHORITY TO REVIEW.— (D) report on the facts and circumstances of products were involved in the incident, includ-
(1) IN GENERAL.—Subject to subsection (b), the the incident review, including the pre-incident ing responsible parties, and that can provide
Board shall review and establish the facts, cir- resilience or vulnerabilities of the incident area suitable qualified technical personnel to actively
cumstances, and cause or probable cause of the or population. assist in the review.
loss of life, human injury, and economic injury (2) GENERALIZED NATURE OF REVIEWS.—A re- (C) REPRESENTATIVES OF ELIGIBLE ENTITIES.—
due to a natural hazard with 10 or more fatali- view of loss of life and injury conducted by the To the extent practicable, a representative pro-
ties or that meets the requirements described in Board shall— posed by an entity designated as a party under
paragraph (5) or (6) of subsection (b) that oc- (A) be generalized; subparagraph (A) to participate in the review
curs after the date of enactment of this Act. (B) focus on trends across an incident; and may not be an individual who had direct in-
(2) DUE TO A NATURAL HAZARD INCIDENT DE- (C) not aim to determine the exact individual volvement in the incident under review.
FINED.—For purposes of paragraph (1), the term cause of death or injury of any affected people. (D) REVOCATION OF PARTY STATUS.—A des-
‘‘due to a natural hazard’’ means a fatality (3) FACT-FINDING PROCEEDING.—Any review of ignation as a party under subparagraph (A)
that, if not for the natural hazard incident, as an incident by the Board under this title shall may be revoked or suspended by the Board if
the case may be, would not have occurred with- be a fact-finding proceeding with no adverse the party fails to comply with assigned duties
in the time frame of the incident, as defined by parties. and instructions, withholds information, or oth-
standards developed by the Board. (4) LIMITATION OF APPLICABILITY OF OTHER erwise acts in a manner prejudicial or disruptive
(b) DETERMINATION OF WHETHER INCIDENT ACTS.— to a review.
WARRANTS BOARD REVIEW.—In carrying out (A) ADMINISTRATIVE PROCEDURE ACT.—Any (E) RULE OF CONSTRUCTION.—Nothing in this
subsection (a), the Board— review proceedings of the Board under this title paragraph shall be construed to establish a
(1) may begin the review of an incident, in- shall not be— right for any entity to participate in a Board re-
cluding by monitoring the natural hazard and (i) subject to the Administrative Procedure Act view as a party.
collecting facts, before the total number of fa- (5 U.S.C. 551 et seq.); or (F) INTERNAL REVIEW BY A PARTY.—To assure
talities is known if the Board determines that (ii) conducted for the purpose of determining coordination of concurrent efforts, a party to a
the natural hazard incident has the potential to the rights, liabilities, or blame of any person, as review that conducts or authorizes an internal
cause 10 or more fatalities at its onset, in ac- the review is not an adjudicatory proceeding. review of the processes and procedures of the
cordance with the policies and procedures estab- (B) PAPERWORK REDUCTION ACT.—Chapter 35 party as a result of an incident that the Board
lished by the Board; of title 44, United States Code (commonly known is reviewing shall—
(2) may, by a two-thirds vote, decide that an as the ‘‘Paperwork Reduction Act’’), shall not (i) inform the Board of the nature of the re-
incident that caused 10 or more fatalities does apply to the review proceedings of the Board view; and
not require a review and shall issue a public under this title. (ii) provide to the Board findings from the re-
statement explaining the determination; (C) FEDERAL ADVISORY COMMITTEE ACT.—The view.
(3) may, by a majority vote, decide to review Federal Advisory Committee Act (5 U.S.C. App.) (9) REVIEW PROCEDURES.—In addition to any
any natural hazard incident that occurs after shall not apply to the Board. procedures required under this title, the Board
the date of enactment of this Act upon request (5) INITIATING REVIEWS.—The Board shall ini- shall determine and publish detailed review pro-
from a representative of an affected State, Trib- tiate a review of an incident by monitoring the cedures as the Board determines necessary.
al government, or unit of local government, re- situation and assessing available facts to deter- (10) PRODUCTS.—The Board may use any me-
gardless of the number of fatalities; mine the appropriate review response, without dium that will effectively convey the findings
(4) may, by a majority vote, decide to review interfering in any ongoing lifesaving and life and recommendations of the Board to the tar-
any natural hazard incident that occurs after sustaining efforts underway by other entities. geted audience of such findings or recommenda-
the date of enactment of this Act upon rec- (6) ALIGNMENT AND COORDINATION.—In car- tions.
ommendation by the Office for the Protection of rying out this title, the Board shall coordinate (d) REVIEW BY AFFECTED AUTHORITIES.—
Disproportionately Impacted Communities of the with Federal, State, local, and Tribal entities (1) IN GENERAL.—When the Board has com-
Board, which the Office may make because of to— pleted the findings and recommendations or
the incident’s impacts on populations that are (A) establish or adopt standard methods of other products as a result of a review under this
socially, medically, or economically vulnerable, measuring the impacts of natural hazards and title, the Board shall provide all affected States,
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as decided by the Office; and accessing response capacity and capabilities to Tribal governments, and units of local govern-
(5) may, by a majority vote, decide to review maintain consistency and allow for the analysis ment, or their designees, an opportunity to re-
a natural hazard incident that occurs after the of trends over time; view and comment not later than 30 days before
date of enactment of this Act if— (B) ensure that the standard data sets and the publication of the findings or recommenda-
(A) the Board determines that information formats necessary for reviews developed under tions.
may be gained by the review that will be useful subparagraph (A) are propagated among Fed- (2) REQUIREMENT.—The Board shall make
in reducing systemic causes behind the loss of eral, State, local, and tribal entities that may be every reasonable effort, within its discretion, to
life and human or economic injury; and involved in response operations; respond to requests for additional information
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H7468 CONGRESSIONAL RECORD — HOUSE July 29, 2022
and context that an affected jurisdiction may participation of the Board would be beneficial (1) IN GENERAL.—Except as provided in para-
make and to edit their findings and rec- to reduce the likelihood of the loss of life and graph (2), not later than 1 year after the date
ommendations with any useful additional infor- human or economic injury, for future similar in- on which the Board initiates a review conducted
mation or context provided by any affected ju- cidents. under this section, the Board shall make the
risdiction in its comments without affecting the (B) INVESTIGATION OF TECHNOLOGICAL INCI- findings and relevant underlying data of the re-
integrity or independence of the review and its DENTS.— view available to the public.
findings and recommendations, as the Board (i) IN GENERAL.—The Board may participate (2) EXTENSION OF DEADLINE.—The Chair-
shall determine. in an investigation of a technological incident— person of the Board may extend the 1-year pe-
(e) DISPROPORTIONATELY IMPACTED COMMU- (I) in support of another Federal department riod described in paragraph (1) if the Chair-
NITIES.— or agency, or other Federal investigative body person, before the end of such 1-year period—
(1) IN GENERAL.—In carrying out a review of with statutory authority to lead such an inves- (A) provides an explanation for the extension;
an incident under this section, including in de- tigation, if the head of the lead investigative and
termining whether to launch a review, the agency determines that the participation of the (B) makes available to the public all available
Board shall ensure the potential development of Board would be beneficial to reduce the likeli- interim findings and underlying data.
findings that would benefit the prevention of hood of the loss of life and human or economic SEC. 203. RECOMMENDATIONS AND RESPONSES.
loss of life and human or economic injury to injury, for future similar incidents; or (a) IN GENERAL.—If the Board issues a rec-
populations that are socially, medically, or eco- (II) in the case of no statutory authority for ommendation about an incident, the Board
nomically vulnerable, as decided by the Board. another Federal department or agency, or other shall—
(2) DATA REQUIREMENT.—To forward the Federal investigative body, to lead such an in- (1) explain the relationship between any rec-
analysis and identification of trends of fatalities vestigation, as the lead investigative entity. ommendation and the results of a fact-finding
and injuries as a result of incidents, the Board (ii) MEMORANDA OF UNDERSTANDING.—Not review;
shall publish information regarding the number later than 1 year after the date of enactment of (2) identify each relevant entity responsible
of fatalities and injuries, and the facts and cir- this Act, and biennially thereafter, the Chair- for making the change called for in the rec-
cumstances surrounding them, disaggregated by man of the Board shall enter into memoranda of ommendation, including State, local, or private
race, color or ethnicity, religion, nationality, understanding with the heads of appropriate entities, as appropriate;
sex, age, disability, English proficiency, occupa- Federal agencies in order to— (3) publish any responses to the recommenda-
tion, or economic status, and other demographic (I) determine the appropriate roles and re- tion publicly; and
characteristics that the Board may determine sponsibilities of the Board in investigating tech- (4) assess whether the responses adequately
appropriate. nological incidents with respect to the other lower the likelihood that a future similar inci-
(f) COORDINATION WITH OTHER REVIEWS AND agency; dent will result in loss of life, or human or eco-
INVESTIGATIONS.— (II) avoid any duplication of effort; and nomic injury in the view of the Board.
(1) IN GENERAL.—Subject to the requirements (III) ensure that appropriate findings and rec- (b) FEDERAL RESPONSES TO RECOMMENDA-
of this section, a review of a natural hazard in- ommendations to reduce loss of life, injury, and TIONS.—
cident by the Board under subsection (a)(1) economic injury caused by future incidents are (1) IN GENERAL.—All Federal departments and
shall have priority over any investigation by an- provided. agencies identified in a recommendation made
other department, agency, or instrumentality of (2) FINDINGS.—If the Board participates in an by the Board shall reply to the recommendations
the Federal Government or a State, Tribal, or act of violence or technological incident inves- not later than 90 days after the date on which
local government. tigation under subparagraph (A), the Board the recommendation is published by the Board.
(2) PARTICIPATION BY OTHER AGENCIES.—The may issue independent findings and rec- (2) RESPONSE DESCRIBED.—A response under
Board shall provide for appropriate participa- ommendations notwithstanding the outcome of paragraph (1) made by a Federal department or
tion by other departments, agencies, or instru- any investigation conducted by another Federal agency shall include—
mentalities in a review conducted by the Board, agency or other Federal investigative body. (A) whether the department or agency intends
except that another department, agency, or in- (3) CRIMINAL CIRCUMSTANCES.—If the Attor- to adopt the recommendation in whole, in part,
strumentality may not influence the final find- ney General, in consultation with the Chair- or not at all;
person, determines and notifies the Board that (B) an explanation of the reasons for only
ings of the Board.
(3) COORDINATION.—The Board shall coordi- circumstances reasonably indicate that the act adopting the recommendation in part or not at
nate with all other Federal, State, Tribal, or of violence or technological incident described in all; and
subparagraph (A) may have been caused by an (C) a proposed timetable for completing the
local legally mandated investigations or reviews
intentional criminal act, the Board shall relin- action the Federal department or agency has
and may share information with those entities,
quish investigative priority to the responsible agreed to.
according to policies and procedures that the
(3) PROGRESS UPDATES.—A Federal depart-
Board will provide, to ensure that appropriate Federal law enforcement entity.
ment or agency that agrees to adopt a rec-
findings and recommendations to reduce loss of (4) RULE OF CONSTRUCTION.—This section
ommendation of the Board shall—
life, injury, and economic injury caused by fu- shall not be construed to affect the authority of
(A) track the progress of the department or
ture incidents are produced as efficiently as pos- another department, agency, or instrumentality
agency toward completion; and
sible. of the Federal Government to investigate an in- (B) provide an update to the Board, to be pub-
(4) MEMORANDA OF UNDERSTANDING.—Not cident under applicable law or to obtain infor- lished publicly, periodically, and not less fre-
later than 1 year after the date of enactment of mation directly from the parties involved in, and quently than annually.
this Act, and biennially thereafter, the Chair- witnesses to, the incident. The Board and other (c) PUBLIC AVAILABILITY.—
man of the Board shall enter into memoranda of departments, agencies, and instrumentalities (1) IN GENERAL.—Not later than 1 year after
understanding with the Director of the National shall ensure that appropriate information devel- the date on which a final determination is made
Institute of Standards and Technology, the Ad- oped about the incident is exchanged in a timely on a recommendation under this section, the
ministrator of the Federal Emergency Manage- manner. Board shall make a copy of the recommendation
ment Agency, the Chairman of the Chemical (h) TECHNICAL ASSISTANCE.—The Board may and response to the recommendation available
Safety Board, and the Chairman of the National make the following types of technical assistance to the public.
Transportation Safety Board, respectively, and available to Federal, State, Tribal, and local (2) EXTENSION OF DEADLINE.—The Chair-
may enter into additional memoranda of under- government agencies and to private entities as person of the Board may extend the 1-year pe-
standing with any other Federal entity that re- designated by a Federal, State, Tribal, or local riod described in paragraph (1) if the Chair-
quests such due to the relationship that the re- government agency: person, before the end of such 1-year period—
quirements of the Federal entity may have with (1) INDEPENDENT REVIEW.—The Board shall (A) provides an explanation for the extension;
the requirements with the Board, in order to— disseminate best practices to develop disaster in- and
(A) determine the appropriate roles and re- vestigation and review capacity within State, (B) makes available to the public any avail-
sponsibilities of the Board with respect to the Tribal, and local governments. able interim response to the recommendation
other agency or board; (2) IMPLEMENTATION OF RECOMMENDATIONS.— and underlying data.
(B) avoid any duplication of effort; and The Board— (d) DISSEMINATION.—The Board shall propa-
(C) ensure that appropriate findings and rec- (A) may provide technical assistance to any gate each recommendation issued under this sec-
ommendations to reduce loss of life, injury, and entity identified as responsible for implementing tion, including by—
economic injury caused by future incidents are a recommendation under section 203(a)(1) to as- (1) incorporating the recommendation, and
provided. sist the entity in implementing the recommenda- any related findings, into training material used
(g) PARTICIPATION IN SUPPORT OF ANOTHER tion; and by Federal, State, Tribal, and private training
AGENCY.— (B) to the extent possible, shall provide the facilities specializing in building resilience to
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(1) IN GENERAL.— technical assistance described in subparagraph and responding to and recovering from natural
(A) INVESTIGATION OF ACTS OF VIOLENCE.— (A) in coordination with technical assistance of- hazards, as the Board deems appropriate;
The Board may participate in an investigation fered by another Federal department or agency. (2) coordinating with professional associations
of an act of violence in support of another Fed- (3) PRIORITIZATION.—In offering technical as- related to building resilience to and responding
eral department or agency, or other Federal in- sistance under this subsection, the Board shall to and recovering from natural hazards;
vestigative body with statutory authority to use a risk-based method of prioritization, as the (3) collaborating with relevant Federal, State,
lead such an investigation, if the head of the Board determines appropriate. and Tribal authorities and private organiza-
lead investigative agency determines that the (i) FINDINGS.— tions; and
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7469
(4) coordinating with private and public insti- (9) a list of ongoing reviews that have exceed- (4) REMOVAL.—The President may remove a
tutions of higher education and research insti- ed the expected time allotted for completion by member only for inefficiency, neglect of duty, or
tutions. Board order and an explanation for the addi- malfeasance in office. Immediately upon remov-
SEC. 204. REPORTS AND STUDIES. tional time required to complete each such re- ing a member of the Board, the President shall
(a) STUDIES AND OTHER REPORTS.— view. issue a public statement that details how the ac-
(1) IN GENERAL.—The Board shall annually (c) DISSEMINATION.—The Board shall propa- tions of the removed member met the criteria of
submit a report containing the information de- gate the information described in subsection this paragraph.
scribed in paragraph (2) to— (a)(2), including by— (c) CHAIRPERSON AND VICE CHAIRPERSON.—
(A) Congress; (1) incorporating the information into training (1) CHAIRPERSON.—The President shall des-
(B) any department, agency, or instrumen- material used by Federal, State, Tribal, and pri- ignate, by and with the advice and consent of
tality of the Federal Government concerned vate training facilities specializing in building the Senate, a member appointed under sub-
with natural hazards; resilience to and responding to and recovering section (b) to serve as the Chairperson of the
(C) all State and Tribal governments; and from natural hazards, as the Board deems ap- Board.
(D) the general public. propriate; (2) VICE CHAIRPERSON.—The President shall
(2) INFORMATION DESCRIBED.—The informa- (2) coordinating with professional associations designate a member appointed under subsection
tion described in this paragraph is— related to building resilience to and responding (b) to serve as the Vice Chairperson of the
(A) the results of special studies on how to re- to and recovering from natural hazards; Board and if the Chairperson is absent or un-
duce morbidity and mortality from incidents; (3) collaborating with relevant Federal, State, able to serve, or if the position of Chairperson is
(B) an examination of techniques and meth- and Tribal authorities and private organiza- vacant, the Vice Chairperson shall act as the
ods of evaluating measures to protect the public tions; and Chairperson.
from incidents and periodically publish rec- (4) coordinating with private and public insti- (3) TERM OF OFFICE.—The Chairperson and
ommended procedures for reviews; tutions of higher education and research insti- Vice Chairperson shall each serve in such posi-
(C) evaluation and examination of the effec- tutions. tion for a term of 3 years.
tiveness of the findings of the Board about the SEC. 205. APPOINTMENT AND ORGANIZATION.
(d) DUTIES AND POWERS OF CHAIRPERSON.—
natural hazard resilience of other departments, (1) IN GENERAL.—The Chairperson shall be the
(a) APPOINTMENT OF MEMBERS.— chief executive and administrative officer of the
agencies, and instrumentalities of the Federal
(1) IN GENERAL.—The Board shall be composed Board.
Government and their effectiveness in pre-
of 7 members, who shall, in accordance with (2) POWERS.—Subject to the general policies
venting loss of life, or human or economic in-
paragraph (2) and subject to paragraph (3), be and decisions of the Board, the Chairperson
jury; and
appointed by the President, by and with the ad- shall—
(D) recommend meaningful responses to re-
vice and consent of the Senate. (A) appoint and supervise officers and em-
duce the likelihood of loss of life, or human or
(2) PROCEDURE.— ployees, other than regular and full-time em-
economic injury, according to the findings of
(A) INITIAL APPOINTMENTS.—The President ployees in the immediate offices of another mem-
the above-mentioned research, including na-
shall, in consultation with the National Acad- ber, necessary to carry out this title;
tional and regional policies and programs.
(b) BIENNIAL REPORT.—Not later than June 1, emies of Sciences, Engineering, and Medicine (B) fix the pay of officers and employees nec-
2023, and once every 2 years thereafter, the and relevant professional associations and lead- essary to carry out this title;
Board shall submit a report to Congress, which ers in the private sector, appoint the 7 members (C) distribute business among the officers, em-
shall include— of the Board from among a list of 14 individuals ployees, and administrative units of the Board;
(1) a statistical and analytical summary of the provided by both houses of Congress, of which— and
reviews conducted and reviewed by the Board (i) the majority leader of the Senate shall pro- (D) supervise the expenditures of the Board.
during the prior 2 calendar years; vide the names of 4 individuals; (e) QUORUM.—
(2) a survey and summary of the recommenda- (ii) the minority leader of the Senate shall (1) IN GENERAL.—Subject to paragraphs (2)
tions made by the Board and the observed re- provide the names of 3 individuals; and (3), 4 members of the Board shall constitute
sponse to each recommendation, including the (iii) the Speaker of the House of Representa- a quorum for purposes of carrying out the duties
classification, containing a written justification tives shall provide the names of 4 individuals; and powers of the Board, subject to the limita-
and explanation of each recommendation as— and tions in the remainder of this subsection.
(A) open, if, in the determination of the (iv) the minority leader of the House of Rep- (2) PARTY LIMITATION.—Not less than 1 rep-
Board, sufficient action to fulfill the intent of resentatives shall provide the names of 3 indi- resentative from each party shall be present for
the recommendation has not been taken and viduals. a quorum to be established.
(B) SUBSEQUENT APPOINTMENTS.—Any va- (3) CHAIRPERSON.—Either the Chairperson or
still should be;
cancy of the Board shall be filled in the same Vice Chairperson shall be present for a quorum
(B) closed, if, in the determination of the
manner as the original appointment. to be established.
Board, sufficient action to fulfill the intent of
(3) REQUIREMENTS.—Of the 7 members ap- (f) OFFICES.—
the recommendation has been taken and no fur- (1) IN GENERAL.—The Board shall establish
ther action is necessary; and pointed under paragraph (1)—
(A) not more than 4 members may be ap- such offices as are necessary to carry out this
(C) outdated, if, in the determination of the
pointed from the same political party; title, which may include offices responsible for—
Board, the recommendation is no longer rel- (A) operations;
evant because of any change in circumstances (B) all members shall be appointed on the
(B) science and methodology;
or actions by parties other than the intended re- basis of technical qualification, professional
(C) review and evaluation;
cipient of the recommendation; standing, and demonstrated knowledge in emer- (D) communications;
(3) an assessment of efforts of Federal, State, gency management, fire management, emergency (E) external coordination; or
Tribal, and local governments to respond to rec- medical services, public-health, physical (F) technical assistance.
ommendations made by the Board, if such enti- sciences, social science, behavioral science, or (2) OFFICE FOR THE PROTECTION OF DIS-
ties have voluntarily provided information to architectural and engineering with post-disaster PROPORTIONATELY IMPACTED COMMUNITIES.—
the Board on the progress of the entity; evaluation or building forensics expertise in (A) IN GENERAL.—The Board shall establish
(4) a description of the training undertaken their respective field; an office to review and make recommendations
by the Board and its staff and persons spon- (C) a minimum of 2 members shall have experi- to mitigate and prevent the loss of life, or
sored by the Board; ence working at the State or municipal level in human or economic injury for vulnerable popu-
(5) a list of natural hazards that caused 10 or 1 of the fields described in subparagraph (B); lations, including populations that may be more
more fatalities that the Board did not review and vulnerable because of their race, color, religion,
and a recommendation with justification by the (D) a minimum of 2 members shall have dem- nationality, sex, age, disability, English pro-
Board of whether similar incidents should be re- onstrated professional experience working with ficiency, or economic status, or other demo-
viewed in the future; populations that have historically been more graphic characteristics that the Board may de-
(6) a recommendation on how, if at all, the vulnerable to incidents because of their race, termine appropriate.
thresholds and triggers for a review by the color, nationality, sex, age, disability, English (B) RESPONSIBILITIES.—The office established
Board should change; proficiency, or economic status. under paragraph (1) shall—
(7) an assessment of the sufficiency of Federal (b) TERMS OF OFFICE AND REMOVAL.— (i) provide recommendations to the Board for
resources provided to State, Tribal, and local (1) TERM OF OFFICE.—Except as provided in incidents to review in accordance with section
governments in aggregate relative to any paragraph (2), the term of office of each member 202(b)(4) that do not otherwise meet the require-
vulnerabilities that the Board determines the shall be 5 years. ments of section 202(b);
governments have; (2) FILLING OF VACANCY.—An individual ap- (ii) determine and maintain a list specific de-
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(8) a list of all requests for review from Gov- pointed to fill a vacancy occurring before the mographic, economic, social, and health charac-
ernors of States and territories and chief execu- expiration of the term for which the predecessor teristics of populations that historically have
tives of Tribal governments or recommended by of that individual was appointed is appointed shown to be disproportionately impacted by in-
the office established under section 205(f)(2) that for the remainder of that term. cidents;
the Board rejected, including comments and rec- (3) CONTINUATION UNTIL SUCCESSOR IS AP- (iii) during a review conducted by the Board,
ommendations from the Board regarding wheth- POINTED.—When the term of office of a member provide research and analysis on how the inci-
er similar incidents should be reviewed in the ends, the member may continue to serve until a dent impacts populations that the Office deter-
future; and successor is appointed and confirmed. mines to be disproportionately impacted;
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H7470 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(iv) provide recommendations for each review (i) The Federal Emergency Management (v) the records of the meeting, including the
conducted by the Board and for each report de- Agency. names of the individuals in attendance, time,
veloped under section 204 on actions that can be (ii) The Cybersecurity and Infrastructure Se- place, and summary to be as thorough as the
taken to reduce the impact to populations that curity Agency of the Department of Homeland Board determines to be prudent, are posted pub-
are found to be disproportionately impacted Security. licly and online.
under clause (ii); and (iii) The National Oceanic and Atmospheric (B) DISCLOSURE OF NONPUBLIC COLLABO-
(v) provide training, and establish training re- Administration, including the National Weather RATIVE DISCUSSIONS.—Except as provided under
quirements, for Board members and staff in the Service. subparagraphs (C) and (D), not later than 2
fields of diversity, inclusion, and equity in con- (iv) The Department of Defense, including the business days after the conclusion of a meeting
sultation with organizations specializing in Army Corps of Engineers. under subparagraph (A), the Board shall make
those fields. (v) The Department of Health and Human available to the public, in a place easily acces-
(3) REGIONAL OFFICES.—In establishing offices Services. sible to the public—
under this subsection, the Board may establish (vi) The National Institutes of Health. (i) a list of the individuals present at the
regional offices across the United States to fa- (vii) The Centers for Disease Control and Pre- meeting; and
cilitate collaboration, coordination, and the dis- vention. (ii) a summary of the matters, including key
semination of findings, recommendations, and (viii) The Coast Guard. issues, discussed at the meeting, except for any
best practices to State, Tribal, and local govern- (ix) The National Transportation Safety matter the Board properly determines may be
ments and the private sector in such regions as Board. withheld from the public under section 552b(c)
the Board determines appropriate. (x) The National Institute of Standards and
of title 5, United States Code.
(4) PURPOSE.—Each office established under Technology.
(C) SUMMARY.—If the Board properly deter-
this subsection shall enable the Board to review, (xi) The Government Accountability Office.
mines a matter may be withheld from the public
report on, and issue recommendations to prevent (xii) The Department of the Interior, includ-
under section 552b(c) of title 5, United States
the loss of life, human injury, and economic in- ing the United States Geological Survey.
(xiii) Any Office of the Inspector General. Code, the Board shall provide a summary with
jury and deliver technical assistance to dissemi- as much general information as possible on each
(xiv) The Small Business Administration.
nate best practices in accordance with this title. matter withheld from the public.
(xv) The Chemical Safety and Hazard Inves-
(g) CHIEF FINANCIAL OFFICER.—The Chair- (D) ACTIVE REVIEWS.—If a discussion under
tigation Board.
person shall designate an officer or employee of subparagraph (A) directly relates to an active
(xvi) The Department of Housing and Urban
the Board to serve as the Chief Financial Offi- review, the Board shall make the disclosure
Development.
cer, who shall— (xvii) The Department of Agriculture. under subparagraph (B) on the date the Board
(1) report directly to the Chairperson on fi- (2) STATE, LOCAL, TRIBAL, AND RESEARCH adopts the final report.
nancial management and budget execution; STAFF.— (E) PRESERVATION OF OPEN MEETINGS RE-
(2) direct, manage, and provide policy guid- (A) IN GENERAL.—The Board may enter into QUIREMENTS FOR AGENCY ACTION.—Nothing in
ance and oversight on financial management agreements with State, local, and Tribal govern- this paragraph may be construed to limit the ap-
and property and inventory control; and ments and relevant nonprofit institutions of plicability of section 552b of title 5, United
(3) review the fees, rents, and other charges higher education and research institutions to re- States Code, with respect to a meeting of the
imposed by the Board for services and things of quest staff, with specialized experience that the members other than that described in this para-
value it provides and suggest appropriate revi- Board determines relevant, to be detailed to the graph.
sions to those charges to reflect costs incurred Board, on a reimbursable basis, and shall con- (F) STATUTORY CONSTRUCTION.—Nothing in
by the Board in providing those services and sult with relevant associations and organiza- this paragraph may be construed—
things of value. tions of those entities in developing an efficient (i) to limit the applicability of section 552b of
(h) BOARD MEMBER STAFF.— process for requesting and receiving detailed title 5, United States Code, with respect to any
(1) IN GENERAL.—Each member of the Board information which is proposed to be withheld
staff.
shall appoint and supervise regular and full- (B) COMPENSATION.—The Board shall ensure from the public under subparagraph (B)(ii); or
time employees in the immediate office of the that any staff members detailed to the Board (ii) to authorize the Board to withhold from
member as long as any such employee has been under this paragraph are compensated equitably any individual any record that is accessible to
approved for employment by the designated and shall pay differences in salaries based on that individual under section 552a of title 5,
agency ethics official under the same guidelines the experience of said staff and in consultation United States Code.
that apply to all employees of the Board. with the Office of Personnel Management. SEC. 206. METHODOLOGY.
(2) DESIGNATION.—With respect to an indi- (3) TERM OF DETAIL.—Any staff member de-
vidual appointed under paragraph (1)— (a) IN GENERAL.—The Board shall conduct
tailed to the Board under this section shall be each review, issue each recommendation, de-
(A) the member of the Board making the ap-
detailed for a term of 1 year and such detail velop each report, and deliver all technical as-
pointment shall determine which grade of the
may be extended for not more than two 1-year sistance authorized under this title using the
General Schedule most closely corresponds with
terms. methods that are in accordance with relevant
respect to the duties and functions of the posi- (4) LIMITATIONS.—Under this subsection—
tion to which the individual is appointed; and professional best practices, including those by
(A) not more than 25 percent of the total num- analogous review organizations, academia, and
(B) during the period of the appointment— ber of staff members working for the Board at
(i) the individual shall be compensated at the government and private organizations.
any time may be detailees or otherwise non- (b) REQUIRED REVIEW.—The Board shall—
appropriate rate of pay for the grade of the permanent staff;
General Schedule with respect to which the de- (1) review, on a regular basis, the methodolo-
(B) a detailee shall serve as an adviser or sup- gies of the Board; and
termination is made under subparagraph (A); plemental professional staff in any office estab-
and (2) update the methodologies of the Board in
lished by the Board under subsection (g); and accordance with the findings of each review
(ii) for the purposes of title 5, United States (C) a detailee may not—
Code, and the rules issued under that title, the conducted under paragraph (1).
(i) determine any final findings or rec-
individual shall be considered to be an em- (c) REQUIREMENT.—In establishing the meth-
ommendations; and
ployee, as that term is defined in section 5331(a) odologies of the Board under this section, the
(ii) be the sole decisionmaker in review or
of title 5, United States Code. Board shall incorporate all relevant information
evaluation methodologies.
(3) LIMITATION.—Except for the Chairperson, (j) SEAL.—The Board shall have a seal that from relevant Federal, State, and local entities,
the appointment authority in paragraph (1) shall be judicially recognized. including past experience with similar incidents,
shall be limited to the number of full-time equiv- (k) OPEN MEETINGS.— exercises, risk assessments, and all other past re-
alent positions, in addition to 1 senior profes- (1) IN GENERAL.—Except as provided in para- search and analysis.
sional staff position at a level not to exceed the graph (2), the Board shall be considered an (d) TRANSPARENCY.—The Chairperson shall
GS–15 level of the General Schedule and 1 ad- agency for purposes of section 552b of title 5, include with each review report in which a rec-
ministrative staff position, allocated to each United States Code. ommendation is issued by the Board a method-
member of the Board through the annual budget (2) NONPUBLIC COLLABORATIVE DISCUSSIONS.— ology section detailing the process and informa-
and allocation process of the Board. (A) IN GENERAL.—Notwithstanding section tion underlying the selection of each rec-
(i) DETAILED STAFF.— 552b of title 5, United States Code, a majority of ommendation.
(1) FEDERAL EMPLOYEES.— the members may hold a meeting that is not (e) ELEMENTS.—Except as provided in sub-
(A) IN GENERAL.—Upon request of the Board, open to public observation to discuss official section (f), the methodology section under sub-
the head of an agency described in subpara- agency business, if— section (a) shall include, for each recommenda-
graph (B), or any other Federal department or (i) no formal or informal vote or other official tion—
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agency that the Board may request, may detail, agency action is taken at the meeting; (1) a brief summary of the Board’s collection
on a reimbursable basis, any of the personnel of (ii) each individual present at the meeting is a and analysis of the specific information most
that department or agency to the Board to assist member or an employee of the Board; relevant to the recommendation;
the Board in carrying out the duties of the (iii) at least 1 member of the Board from each (2) a description of the Board’s use of external
Board under this title. political party is present at the meeting, if ap- information, including studies, reports, and ex-
(B) RELEVANT AGENCIES.—For purposes of plicable; perts, other than the findings of a specific re-
subparagraph (A), the following are agencies (iv) the General Counsel of the Board is view, if any were used to inform or support the
described in this subparagraph: present at the meeting; and recommendation, including a brief summary of
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7471
the specific resilience benefits and other effects services, or training in research theory and work performed in a calendar year, in an
identified by each study, report, or expert; and techniques, and require that such entities pro- amount that exceeds 25 percent of the annual
(3) a brief summary of actions, including im- vide appropriate consideration for the reason- rate of basic pay of the employee for such cal-
portant examples, taken by regulated entities able costs of any facilities, goods, services, or endar year.
before the publication of the recommendation, to training provided by the Board. (3) BASIC PAY DEFINED.—In this subsection,
the extent such actions are known to the Board, (c) COLLECTION OF FUNDS.—The Board shall the term ‘‘basic pay’’ includes any applicable lo-
that were consistent with the recommendation. deposit in the Treasury of the United States cality-based comparability payment under sec-
(f) SAVINGS CLAUSE.— amounts received under subsection (b)(8) of this tion 5304 of title 5, United States Code (or simi-
(1) IN GENERAL.—Nothing in this section may subsection to be credited as discretionary offset- lar provision of law) and any special rate of pay
be construed— ting collections to the appropriation of the under section 5305 of such title 5 (or similar pro-
(A) to delay publication of the findings, Board, and shall be available only to the extent vision of law).
cause, or probable cause of a Board review; and in the amounts provided in advance in ap- (4) ANNUAL REPORT.—Not later than January
(B) to delay the issuance of an urgent rec- propriations Acts. The Board shall maintain an 31, 2022, and annually thereafter, the Board
ommendation that the Board has determined annual record of collections received under sub- shall transmit to Congress a report identifying
must be issued to avoid immediate death, or section (b)(8). the total amount of overtime payments made
human or economic injury; or (d) SUBMISSION OF CERTAIN COPIES TO CON- under this subsection in the preceding fiscal
(C) to limit the number of examples the Board GRESS.— year, and the number of employees whose over-
may consider before issuing a recommendation. (1) IN GENERAL.—When the Board submits to time pay under this subsection was limited in
(2) LIMITATION.—Notwithstanding paragraph the President or the Director of the Office of that fiscal year as a result of the 25 percent limit
(1), the Board shall publish the methodology re- Management and Budget a budget estimate, established by paragraph (2).
quired under this section not later than 30 days budget request, supplemental budget estimate, (i) ENTRY AND INSPECTION.—
after the date on which the review is initially other budget information, a legislative rec- (1) IN GENERAL.—An officer or employee of the
published. ommendation, prepared testimony for congres- Board—
SEC. 207. ADMINISTRATIVE. sional hearings, or comments on legislation, the (A) on display of appropriate credentials and
Board must submit a copy to Congress at the written notice of authority, may—
(a) AUTHORITY.—
same time. (i) enter an area where an incident has oc-
(1) IN GENERAL.—The Board, and when au-
(2) LIMITATION.—An officer, department, curred;
thorized by the Board, a member of the Board, (ii) take such actions as are necessary to con-
agency, or instrumentality of the Government
an administrative law judge employed by or as- duct a review under this section, so long as the
may not require the Board to submit the esti-
signed to the Board, or an officer or employee actions do not interfere with ongoing lifesaving
mate, request, information, recommendation,
designated by the Chairperson, may conduct and life-sustaining operations; and
testimony, or comments to another officer, de-
hearings to carry out this title, administer (iii) during reasonable hours, inspect any
partment, agency, or instrumentality of the
oaths, and require, by subpoena or otherwise, record, including an electronic record, process,
Government for approval, comment, or review
necessary witnesses and evidence. control, or facility related to an incident under
before being submitted to Congress.
(2) SUBPOENA AUTHORITY.—A witness or evi- (3) BUDGET PROCESS.—The Board shall de- this title.
dence in a hearing under paragraph (1) of this velop and approve a process for the Board’s re- (2) REQUIREMENT.—The Board shall use ut-
subsection may be summoned or required to be view and comment or approval of documents most discretion to prevent interference with on-
produced from any place in the United States to submitted to the President, Director of the Of- going response efforts, including by developing
the designated place of the hearing. A witness fice of Management and Budget, or Congress review procedures with input from relevant au-
summoned under this subsection is entitled to under this subsection. thorities nationwide.
the same fee and mileage the witness would (e) LIAISON COMMITTEES.—The Chairperson SEC. 208. DISCLOSURE, AVAILABILITY, AND USE
have been paid in a court of the United States. may determine the number of committees that OF INFORMATION.
(3) REQUIREMENT.—A subpoena shall be are appropriate to maintain effective liaison (a) DISCLOSURE OF INFORMATION.—
issued under the signature of the Chairperson or with other departments, agencies, and instru- (1) IN GENERAL.—Except as provided in sub-
the Chairperson’s designee, but may be served mentalities of the Federal Government, State sections (b), (c), (d), and (f) of this section, a
by any person designated by the Chairperson. and local governmental authorities, and inde- copy of a record, information, or review sub-
(4) ENFORCEMENT.—If a person disobeys a pendent standard-setting authorities that carry mitted or received by the National Disaster Safe-
subpoena, order, or inspection notice of the out programs and activities related to its work. ty Board, or a member or employee of the Board,
Board, the Board may bring a civil action in a The Board may designate representatives to shall be posted publicly.
district court of the United States to enforce the serve on or assist those committees. (2) RULE OF CONSTRUCTION.—Nothing in this
subpoena, order, or notice. An action under this (f) INQUIRIES.—The Board, or an officer or subsection shall be construed to require the re-
paragraph may be brought in the judicial dis- employee of the Board designated by the Chair- lease of information described in section 552(b)
trict in which the person against whom the ac- person, may conduct an inquiry to obtain infor- of title 5, United States Code, or protected from
tion is brought resides, is found, or does busi- mation related to natural hazard safety after disclosure by another law of the United States.
ness. The court may punish a failure to obey an publishing notice of the inquiry in the Federal (b) TRADE SECRETS.—
order of the court to comply with the subpoena, Register. The Board or designated officer or em- (1) IN GENERAL.—The Board may disclose in-
order, or notice as a contempt of court. ployee may require by order a department, agen- formation related to a trade secret referred to in
(b) ADDITIONAL POWERS.—The Board may— cy, or instrumentality of the Federal Govern- section 1905 of title 18, United States Code,
(1) procure the temporary or intermittent serv- ment, a State, Tribal, or local governmental au- only—
ices of experts or consultants under section 3109 thority, or a person transporting individuals or (A) to another department, agency, or instru-
of title 5, United States Code; property in commerce to submit to the Board a mentality of the United States Government
(2) make agreements and other transactions written report and answers to requests and when requested for official use;
necessary to carry out this title without regard questions related to a duty or power of the (B) to a committee of Congress having juris-
to subsections (b), (c), and (d) of section 6101 of Board. The Board may prescribe the time within diction over the subject matter to which the in-
title 41, United States Code; which the report and answers must be given to formation is related, when requested by that
(3) use, when appropriate, available services, the Board or to the designated officer or em- committee;
equipment, personnel, and facilities of a depart- ployee. Copies of the report and answers shall (C) in a judicial proceeding under a court
ment, agency, or instrumentality of the United be made available for public inspection. order that preserves the confidentiality of the
States Government on a reimbursable or other (g) REGULATIONS.—The Board may prescribe information without impairing the proceeding;
basis; regulations to carry out this title. and
(4) confer with employees and use services, (h) OVERTIME PAY.— (D) to the public to protect health and safety
records, and facilities of State and local govern- (1) IN GENERAL.—Subject to the requirements after giving notice to any interested person to
mental authorities; of this section and notwithstanding paragraphs whom the information is related and an oppor-
(5) appoint advisory committees composed of (1) and (2) of section 5542(a) of title 5, United tunity for that person to comment in writing, or
qualified private citizens and officials of the States Code, for an employee of the Board orally in closed session, on the proposed disclo-
Government and State and local governments as whose basic pay is at a rate which equals or ex- sure, if the delay resulting from notice and op-
appropriate; ceeds the minimum rate of basic pay for GS–10 portunity for comment would not be detrimental
(6) accept voluntary and uncompensated serv- of the General Schedule, the Board may estab- to health and safety.
ices notwithstanding another law; lish an overtime hourly rate of pay for the em- (2) REQUIREMENT.—Information disclosed
(7) make contracts with private entities to ployee with respect to work performed in the under paragraph (1) of this subsection may be
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carry out studies related to duties and powers of field (including travel to or from) and other disclosed only in a way designed to preserve its
the Board; and work that is critical to a review in an amount confidentiality.
(8) negotiate and enter into agreements with equal to one and one-half times the hourly rate (3) PROTECTION OF VOLUNTARY SUBMISSION OF
individuals and private entities and depart- of basic pay of the employee. All of such amount INFORMATION.—Notwithstanding any other pro-
ments, agencies, and instrumentalities of the shall be considered to be premium pay. vision of law, neither the Board, nor any agen-
Federal Government, State, Tribal, and local (2) LIMITATION ON OVERTIME PAY TO AN EM- cy receiving information from the Board, shall
governments, and governments of foreign coun- PLOYEE.—An employee of the Board may not re- disclose voluntarily provided safety-related in-
tries for the provision of facilities, technical ceive overtime pay under paragraph (1), for formation if that information is not related to
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H7472 CONGRESSIONAL RECORD — HOUSE July 29, 2022
the exercise of the Board’s review authority eign governments, and personnel from industry (2) the resource levels of the Board and man-
under this title and if the Board finds that the or otherwise who have a requirement for train- agement of such resources relative to the mission
disclosure of the information would inhibit the ing. The Board may require non-Board per- of the Board;
voluntary provision of that type of information. sonnel to reimburse some or all of the training (3) workforce development;
(c) RECORDINGS AND TRANSCRIPTS.— costs, and amounts so reimbursed shall be cred- (4) procurement and contracting planning,
(1) CONFIDENTIALITY OF RECORDINGS.—Except ited to the appropriation of the Board as discre- practices, and policies;
as provided in paragraph (2), the Board may tionary offsetting collections, and shall be avail- (5) the process and procedures to select an in-
not disclose publicly any part of an original re- able only to the extent and in the amounts pro- cident to review;
cording or transcript of oral communications or vided in advance in appropriations Acts. (6) the extent to which the Board follows lead-
original and contemporary written communica- SEC. 210. FUNDING. ing practices in selected management areas;
tions between Federal, State, Tribal, or local of- (a) IN GENERAL.—The following amounts are (7) the extent to which the Board addresses
ficials responding to an incident under review authorized to be appropriated to the Board to management challenges in completing reviews;
by the Board. carry out this title: (8) the extent to which the evaluation, review,
(2) EXCEPTION.—Subject to subsections (b) and (1) $25,000,000 for fiscal year 2022. and recommendation-issuing methodologies of
(g), the Board shall make public any part of a (2) $40,000,000 for fiscal year 2023. the Board are consistent with established best
transcript, any written depiction of visual infor- (3) $50,000,000 for fiscal year 2024. practice, as determined by the Comptroller Gen-
mation obtained from an audio or video record- (4) $60,000,000 for fiscal year 2025. eral; and
ing, or any still image obtained from a recording (c) EMERGENCY FUND.— (9) an impact evaluation of the work of the
the Board decides is relevant to the incident— (1) IN GENERAL.—There shall be established in Board, using the purposes and intent described
(A) if the Board holds a public hearing on the the Treasury of the United States an Emergency in this title and by the Board, against the real-
incident at the time of the hearing; or Fund for the Board, which shall be available to ized results of the Board, according to a meth-
(B) if the Board does not hold a public hear- the Board for necessary expenses of the Board, odology determined by the Comptroller General,
ing, at the time a majority of the other factual not otherwise provided for, for reviews. conducted in a manner that is not overly dis-
reports on the incident are placed in the public (2) APPROPRIATIONS.—There are authorized to ruptive to the work of the Board.
docket. be appropriated, to the Emergency Fund— SEC. 213. DEFINITIONS.
(3) REFERENCES TO INFORMATION IN MAKING (A) $2,000,000 for fiscal year 2022; In this title:
SAFETY RECOMMENDATIONS.—This subsection (B) such sums as are necessary to maintain (1) ACT OF VIOLENCE.—The term ‘‘act of vio-
does not prevent the Board from referring at the Emergency Fund at a level not to exceed lence’’ means an offense described in section
any time to recorded or written information in $4,000,000 for each fiscal year thereafter; and 16(a) of title 18, United States Code.
making safety recommendations. (C) such other sums as Congress determines (2) BOARD.—The term ‘‘Board’’ means the Na-
(d) FOREIGN REVIEWS.— necessary. tional Disaster Safety Board established under
(1) IN GENERAL.—Notwithstanding any other SEC. 211. AUTHORITY OF THE INSPECTOR GEN- section 202.
provision of law, neither the Board, nor any ERAL. (3) CHAIRPERSON.—The term ‘‘Chairperson’’
agency receiving information from the Board, (a) IN GENERAL.—The Inspector General of means the Chairperson of the Board designated
shall disclose records or information relating to the Department of Homeland Security, in ac- under section 205.
its participation in foreign incident review, ex- cordance with the mission of the Inspector Gen- (4) ECONOMIC INJURY.—The term ‘‘economic
cept that— eral to prevent and detect fraud and abuse, injury’’ has the meaning given the term ‘‘sub-
(A) the Board shall release records pertaining shall have authority to review only the finan- stantial economic injury’’ in section 7(b) of the
to such a review when the country conducting cial management, property management, and Small Business Act (15 U.S.C. 636(b)).
the review issues its final report or 2 years fol- business operations of the Board, including in- (5) INCIDENT.—The term ‘‘incident’’ means a
lowing the date of the incident, whichever oc- ternal accounting and administrative control natural hazard or other circumstance that the
curs first; and systems, to determine compliance with applica- Board decides to review.
(B) the Board may disclose records and infor- ble Federal laws, rules, and regulations. (6) INSTITUTION OF HIGHER EDUCATION AND RE-
mation when authorized to do so by the country (b) DUTIES.—In carrying out this section, the SEARCH INSTITUTION.—The term ‘‘institution of
conducting the review. Inspector General shall— higher education and research institution’’
(2) SAFETY RECOMMENDATIONS.—Nothing in (1) keep the Chairperson of the Board and means—
this subsection shall restrict the Board at any Congress fully and currently informed about (A) an institution of higher education (as de-
time from referring to foreign review information problems relating to administration of the inter- fined in section 101 of the Higher Education Act
in making safety recommendations. nal accounting and administrative control sys- (20 U.S.C. 1001));
(e) PRIVACY PROTECTIONS.—Before making tems of the Board; (B) a National Laboratory (as defined in sec-
public any still image obtained from a video re- (2) issue findings and recommendations for ac- tion 2 of the Energy Policy Act of 2005 (42
corder under subsection (c)(2) or subsection tions to address such problems; and U.S.C. 15801));
(d)(2), the Board shall take such action as ap- (3) report periodically to Congress on any (C) a laboratory described in section 308(c)(2)
propriate to protect from public disclosure any progress made in implementing actions to ad- of the Homeland Security Act of 2002 (6 U.S.C.
information that readily identifies an indi- dress such problems. 188(c)(2));
vidual, including a decedent. (c) ACCESS TO INFORMATION.—In carrying out (D) the National Domestic Preparedness Con-
SEC. 209. TRAINING. this section, the Inspector General may exercise sortium established under section 1204 of the Im-
(a) USE OF TRAINING FACILITIES.—The Board authorities granted to the Inspector General plementing Recommendations of the 9/11 Com-
may use, on a reimbursable basis, the services of under subsections (a) and (b) of section 6 of the mission Act of 2007 (6 U.S.C. 1102) and the mem-
any training facility in the Federal Government, Inspector General Act of 1978 (5 U.S.C. App.). bers of such Consortium; and
including those operated by the Department of (d) AUTHORIZATION OF APPROPRIATIONS.— (E) a research institution associated with an
Homeland Security, Department of Health and There are authorized to be appropriated to the institution of higher education.
Human Services, and Department of Commerce. the Office of the Inspector General of the De- (7) NATURAL HAZARD.—The term ‘‘natural
The responsible department or agency shall partment of Homeland Security such sums as hazard’’—
make such training facility and any relevant may be necessary to cover expenses associated (A) means a major disaster, as defined in
training course available to— with activities pursuant to the authority exer- paragraph (2) of section 102 of the Robert T.
(1) the Board for safety training of employees cised under this section. Stafford Disaster Relief and Emergency Assist-
of the Board in carrying out their duties and SEC. 212. EVALUATION AND AUDIT OF NATIONAL ance Act (42 U.S.C. 5122), that is naturally oc-
powers; and DISASTER SAFETY BOARD. curring, regardless of—
(2) other relevant personnel of the United (a) IN GENERAL.—As determined necessary by (i) whether the President makes a determina-
States Government, State and local govern- the Comptroller General of the United States or tion with respect to severity and magnitude of
ments, governments of foreign countries, inter- the appropriate congressional committees, but the disaster under such paragraph; or
state authorities, and private organizations the not less frequently than once every 2 years, the (ii) the result of such a determination;
Board designates in consultation with the rel- Comptroller General of the United States shall (B) includes any naturally occurring heat
evant departments and agencies. evaluate and audit the programs and expendi- wave, wind storm, wildfire, wildland urban
(b) FEES.—Training shall be provided at a tures of the Board in order to promote economy, interface fire, urban conflagration fire, or dust
reasonable fee established periodically by the efficiency, and effectiveness in the administra- storm;
Board in consultation with the relevant depart- tion of the programs, operations, and activities (C) includes any combination of events cov-
ments and agencies. The fee shall be paid di- of the Board. ered by subparagraphs (A) and (B) that causes
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rectly to the relevant departments and agencies, (b) RESPONSIBILITY OF COMPTROLLER GEN- or threatens to cause loss of human life, or
and shall be deposited in the Treasury. ERAL.—In carrying out subsection (a), the human or economic injury, as determined by the
(c) TRAINING OF BOARD EMPLOYEES AND OTH- Comptroller General of the United States shall Board; and
ERS.—The Board may conduct training of its evaluate and audit the programs, operations, (D) does not include a technological disaster.
employees in those subjects necessary for proper and activities of the Board, including— (8) STATE.—The term ‘‘State’’ has the meaning
performance. The Board may also authorize at- (1) information management and security, in- given the term in section 102 of the Robert T.
tendance at courses given under this subsection cluding privacy protection of personally identi- Stafford Disaster Relief and Emergency Assist-
by other government personnel, personnel of for- fiable information; ance Act (42 U.S.C. 5122).
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7473
(9) TECHNOLOGICAL DISASTER.—The term (6) to accelerate the translation of research re- (6) an explanation of how the Program will
‘‘technological disaster’’ means an incident lated to wildland fires and associated smoke foster the translation of research into measur-
that— into operations to reduce risk to communities, able reductions in the losses of life, property,
(A) is caused by human error or malfunction buildings, other infrastructure, and ecosystem and ecosystem services from wildland fires, in-
in technology, including a dam or structural services; cluding recommended outcomes and metrics for
failure, a fire (other than a naturally occurring (7) to conduct communication and outreach each program goal and how operational Pro-
wildfire, wildland urban interface fire, urban regarding wildland fire science and wildland gram agencies will transition demonstrated tech-
conflagration fire, or arson), a hazardous mate- fire risk mitigation, to communities, energy utili- nologies and research findings into decision
rial incident, a nuclear accident, and a power ties and operators of other critical infrastruc- support tools and operations;
and telecommunications failure; and ture, and other relevant stakeholders; (7) a description of the research infrastruc-
(B) causes loss of human life, or human or (8) to support research and development ture, including databases and computational
economic injury, as determined by the Board. projects funded under joint solicitations or tools, needed to accomplish the research and de-
(10) TERRORISM.—The term ‘‘terrorism’’ has through memoranda of understanding between velopment objectives outlined in paragraph (2),
the meaning given the term in section 2 of the no fewer than two agencies participating in the a description of how research infrastructure in
Homeland Security Act of 2002 (6 U.S.C. 101). Program; and existence at the time of the development of the
(11) TRIBAL GOVERNMENT.—The term ‘‘Tribal (9) to disseminate, to the extent practicable, plan will be used to meet the objectives, an ex-
government’’ means the governing body of any scientific data and related products and services planation of how new research infrastructure
Indian or Alaska Native tribe, band, nation, in formats meeting shared standards to enhance will be developed to meet the objectives, and a
pueblo, village, or community that the Secretary the interoperability, usability, and accessibility description of how the program will implement
of the Interior acknowledges to exist as an In- of Program Agency data, including data as part the integrated data collaboration environment
dian tribe under the Federally Recognized In- of paragraph (2) in order to better meet the per section 302(2);
dian Tribe List Act of 1994 (25 U.S.C. 5130 et needs of Program agencies, other Federal agen- (8) a description of how Program agencies will
seq.). cies, and relevant stakeholders. collaborate with stakeholders and take into ac-
TITLE III—NATIONAL WILDLAND FIRE SEC. 303. INTERAGENCY COORDINATING COM- count stakeholder needs and recommendations
MITTEE ON WILDLAND FIRE RISK RE- in developing research and development objec-
RISK REDUCTION PROGRAM
DUCTION. tives;
SEC. 301. ESTABLISHMENT OF NATIONAL (a) ESTABLISHMENT.—Not later than 90 days (9) recommendations on the most effective
WILDLAND FIRE RISK REDUCTION
PROGRAM.
after the date of enactment of this Act, the Di- means to integrate the research results into
rector of the Office of Science and Technology wildland fire preparedness and response actions
The President shall establish a National
Policy shall establish an Interagency Coordi- across Federal, State, local, Tribal, and terri-
Wildland Fire Risk Reduction Program with the
nating Committee on Wildland Fire Risk Reduc- torial levels;
purpose of achieving major measurable reduc-
tion (in this Act referred to as the ‘‘Com- (10) guidance on how the Committee’s rec-
tions in the losses of life and property from
mittee’’), to be co-chaired by the Director and ommendations are best used in climate adapta-
wildland fires through a coordinated Federal ef-
the Director of the National Institute of Stand- tion planning for Federal, State, local, Tribal,
fort to—
ards and Technology. and territorial entities;
(1) improve the assessment of fire environ-
(b) MEMBERSHIP.—In addition to the co- (11) a nationally recognized, consensus-based
ments and the understanding and prediction of
chairs, the Committee shall be composed of— definition of wildland-urban interface and other
wildland fires, associated smoke, and their im- (1) the Director of the National Science Foun- key terms and definitions relating to wildland
pacts, including— dation; fire, developed in consideration of the meaning
(A) at the wildland-urban interface; (2) the Administrator of the National Oceanic given such term in section 4(11) of the Federal
(B) on communities, buildings and other in- and Atmospheric Administration; Fire Prevention and Control Act of 1974 (15
frastructure; (3) the Administrator of the Federal Emer- U.S.C. 2203(11)); and
(C) on ecosystem services; and gency Management Agency; (12) a description of opportunities to support
(D) social and economic impacts; (4) the United States Fire Administrator; new areas of research and development and new
(2) develop and encourage the adoption of (5) the Chief of the Forest Service; types of collaborations that seek to optimize
science-based and cost-effective measures to en- (6) the Administrator of the National Aero- building and landscape design across multiple
hance resilience to wildland fires and prevent nautics and Space Administration; resilience goals, including resilience to wildland
and mitigate negative impacts of wildland fires (7) the Administrator of the Environmental fires and other natural hazards, energy effi-
and associated smoke; and Protection Agency; ciency, and environmental sustainability.
(3) improve the understanding and mitigation (8) the Secretary of Energy; (f) COORDINATION WITH OTHER FEDERAL EF-
of the impacts of climate change and variability (9) the Director of the Office of Management FORTS.—The Director shall ensure that the ac-
on wildland fire risk, frequency, and severity, and Budget; tivities of the Program are coordinated with
and to inform paragraphs (1) and (2). (10) the Secretary of the Interior;
(11) the Director of United States Geological other relevant Federal initiatives as appro-
SEC. 302. PROGRAM ACTIVITIES. priate.
The Program shall consist of the activities de- Survey;
(12) the Secretary of Health and Human Serv- (g) NATIONAL ACADEMIES STUDY.—The Com-
scribed in section 306, which shall be designed— mittee shall assess the need for a study, or a se-
(1) to support research and development, in- ices;
(13) the Secretary of Defense; ries of studies, to be conducted by the National
cluding interdisciplinary research, related to Academies of Sciences, Engineering, and Medi-
(14) the Secretary of Housing and Urban De-
fire environments, wildland fires, associated cine, and how such a study, or series of studies,
velopment; and
smoke, and their impacts, in furtherance of a (15) the head of any other Federal agency could help identify research areas for further
coordinated interagency effort to address that the Director considers appropriate. study and inform research objectives, including
wildland fire risk reduction; (c) MEETINGS.—The Committee shall meet not further research into the interactions between
(2) to support data management and steward- less than twice a year for the first 2 years and climate change and wildland fires. The Com-
ship, the development and coordination of data then not less than once a year at the call of the mittee shall brief the Committee on Science,
systems and computational tools, and the cre- Director. Space, and Technology of the House of Rep-
ation of a centralized, integrated data collabo- (d) GENERAL PURPOSE AND DUTIES.—The Com- resentatives and the Committee on Commerce,
ration environment for Program agency data, to mittee shall oversee the planning, management, Science, and Transportation of the Senate on its
accelerate the understanding of fire environ- and coordination of the Program, and solicit assessment under this subsection not later than
ments, wildland fires, associated smoke, and stakeholder input on Program goals. 1 year after the date of enactment of this Act.
their impacts, and the benefits of wildland fire (e) STRATEGIC PLAN.—The Committee shall de- (h) PROGRESS REPORT.—Not later than 18
risk mitigation measures; velop and submit to Congress, not later than one months after the date of the transmission of the
(3) to support the development of tools and year after the date of the enactment of this Act, first Strategic Plan under subsection (e) to Con-
technologies, including decision support tools and update every 4 years thereafter, a Strategic gress and not less frequently than once every 2
and risk and hazard maps, to improve under- Plan for the Program that includes— years thereafter, the Committee shall submit to
standing, monitoring, prediction, and mitigation (1) prioritized goals for the Program, con- the Congress a report on the progress of the Pro-
of wildland fires, associated smoke, and their sistent with the purposes of the Program as de- gram that includes—
impacts; scribed in section 301; (1) a description of the activities funded under
(4) to support research and development ac- (2) short-term, mid-term, and long-term re- the Program, a description of how those activi-
tivities to improve data, tools, and technologies search and development objectives to achieve ties align with the prioritized goals and research
that directly inform, support, and complement those goals; objectives established in the Strategic Plan, and
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active land management, forest and habitat res- (3) a description of the role of each Program the budgets, per agency, for these activities; and
toration, and healthy ecosystem practices exe- agency in achieving the prioritized goals; (2) the outcomes achieved by the Program for
cuted by the Forest Service, State, local, and (4) a description of how the Committee will each of the goals identified in the Strategic
Tribal entities; foster collaboration between and among the Pro- Plan.
(5) to support education and training to ex- gram agencies and other Federal agencies to SEC. 304. NATIONAL ADVISORY COMMITTEE ON
pand the number of students and researchers in help meet the goals of the Program; WILDLAND FIRE RISK REDUCTION.
areas of study and research related to wildland (5) the methods by which progress toward the (a) IN GENERAL.—The Director shall establish
fires; goals will be assessed; a National Advisory Committee on Wildland
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H7474 CONGRESSIONAL RECORD — HOUSE July 29, 2022
Fire Risk Reduction, consisting of not fewer (D) carry out research on the impact of envi- fire risk reduction and response measures by in-
than 7 and not more than 15 members who are ronmental factors on wildland fire behavior, in- dividuals, communities, and policymakers; and
qualified to provide advice on wildland fire risk cluding wind, terrain, and moisture; (C) decision-making and emergency response
reduction and represent related scientific, archi- (E) support the development of performance- to wildland fires;
tectural, and engineering disciplines, none of based tools to mitigate the impact of wildland (5) undergraduate and graduate research op-
whom may be employees of the Federal Govern- fires, and work with appropriate groups to pro- portunities and graduate and postdoctoral fel-
ment, including— mote and assist in the use of such tools, includ- lowships and traineeships in fields of study rel-
(1) representatives of research and academic ing through model building codes and fire codes, evant to wildland fires and their impacts; and
institutions; standard test methods, voluntary consensus (6) research to improve the understanding of
(2) standards development organizations; standards, and construction and retrofit best the impacts of climate change and climate varia-
(3) emergency management agencies; practices; bility on wildland fires, including wildland fire
(4) State, local, and Tribal governments; (F) in collaboration with the United States risk, frequency, and severity, and wildland fire
(5) business communities, including the insur- Fire Administration, carry out research and de- prediction, mitigation, and resilience strategies.
ance industry; and velopment of decontamination methods and (c) NATIONAL OCEANIC AND ATMOSPHERIC AD-
(6) other representatives as designated by the technologies for firefighting gear on and off the MINISTRATION.—
field. (1) IN GENERAL.—The Administrator of the Na-
Director.
(G) develop and execute a research plan on tional Oceanic and Atmospheric Administration
(b) ASSESSMENT.—The Advisory Committee
shall offer assessments and recommendations public safety communication coordination (in this subsection referred to as the ‘‘Adminis-
on— standards among Federal, State, local, and trator’’) shall conduct research, observations,
(1) trends and developments in the natural, Tribal wildland firefighters, fire management re- modeling, forecasting, prediction, and historical
engineering, and social sciences and practices of sponse officials and the National Interagency analysis of wildland fires to improve under-
wildland fire risk mitigation; Fire Center; standing of wildland fires, and associated fire
(2) the priorities of the Program’s Strategic (H) carry out research to improve and inte- weather and smoke, for the protection of life
Plan; grate existing communications systems to trans- and property and for the enhancement of the
(3) the management, coordination, implemen- mit secure real-time data, alters, and accurate national economy.
advisories to wildland firefighters; (2) WEATHER FORECASTING AND DECISION SUP-
tation, and activities of the Program;
(I) carry out both live and virtual field testing PORT FOR WILDLAND FIRES.—The Administrator
(4) the effectiveness of the Program in meeting
and measurement of equipment, software, and shall—
its purposes; and (A) develop and provide in consultation with
(5) the need to revise the Program. other technologies to determine current effec-
tiveness and times of information dissemination the relevant Federal Agencies, as the Adminis-
(c) COMPENSATION.—The members of the Advi- trator determines appropriate, accurate, timely,
sory Committee established under this section and develop standards and best practices for the
delivery of useful and secure real-time data to and effective warnings and forecasts of
shall serve without compensation. wildland fires and fire weather events that en-
(d) REPORTS.—At least every 2 years, the Ad- wildland firefighters; and
(J) develop and publish recommendations to danger life and property, which may include red
visory Committee shall report to the Director on flag warnings, operational fire weather alerts,
the assessments carried out under subsection (b) improve public safety communication coordina-
tion standards among wildland firefighters and and any other warnings or alerts the Adminis-
and its recommendations for ways to improve trator deems appropriate;
the Program. member agencies of the National Interagency
Fire Center, including providing such rec- (B) provide stakeholders and the public with
(e) CHARTER.—Notwithstanding section impact-based decision support services, seasonal
14(b)(2) of the Federal Advisory Committee Act ommendations to the Office of Management and
Budget and the Office of Science and Tech- climate predictions, air quality products, and
(5 U.S.C. App.), the Advisory Committee shall smoke forecasts; and
not be required to file a charter subsequent to its nology Policy.
(C) provide on-site weather forecasts, seasonal
initial charter, filed under section 9(c) of such (2) WILDLAND-URBAN INTERFACE FIRE POST-IN-
climate predictions, and other decision support
Act, before the termination date specified in VESTIGATIONS.—The Director of the National In-
to wildland fire incident command posts, includ-
subsection (f) of this section. stitute of Standards and Technology shall—
(A) coordinate Federal post-wildland fire in- ing by deploying incident meteorologists for the
(f) TERMINATION.—The Advisory Committee duration of an extreme event.
shall terminate on September 30, 2026. vestigations of fires at the wildland-urban inter-
(3) WILDLAND FIRE DATA.—The Administrator
(g) CONFLICT OF INTEREST.—An Advisory face; and
shall contribute to and support the centralized,
Committee member shall recuse himself from any (B) develop methodologies, in collaboration
integrated data collaboration environment in
Advisory Committee activity in which he has an with the Administrator of FEMA and in con-
accordance with section 302(2) and any other
actual pecuniary interest. sultation with relevant stakeholders, to charac-
relevant Federal data systems by ensuring—
terize the impact of wildland fires on commu-
SEC. 305. GOVERNMENT ACCOUNTABILITY OF- (A) interoperability, usability, and accessi-
nities and the impact of changes in building and
FICE REVIEW. bility of National Oceanic and Atmospheric Ad-
fire codes, including methodologies—
Not later than 3 years after the date of enact- ministration data and tools related to wildland
(i) for collecting, inventorying, and analyzing
ment of this Act, the Comptroller General of the fires, associated smoke, and their impacts;
information on the performance of communities, (B) inclusion of historical wildland fire inci-
United States shall submit a report to Congress buildings, and other infrastructure in wildland
that— dent and fire weather data, and identifying po-
fires; and tential gaps in such data; and
(1) evaluates the progress and performance of (ii) for improved collection of pertinent infor-
the Program in establishing and making (C) the acquisition or collection of additional
mation from different sources, including first re- data that is needed to advance wildland fire
progress toward the goals of the Program as set sponders, the design and construction industry,
forth in this Act; and science.
insurance companies, and building officials. (4) WILDLAND FIRE AND FIRE WEATHER SUR-
(2) includes such recommendations as the (b) NATIONAL SCIENCE FOUNDATION.—As a
Comptroller General determines are appropriate VEILLANCE AND OBSERVATIONS.—The Adminis-
part of the Program, the Director of the Na- trator, in coordination with Administrator of
to improve the Program. tional Science Foundation shall support— the National Aeronautics and Space Adminis-
SEC. 306. RESPONSIBILITIES OF PROGRAM AGEN- (1) research, including large-scale convergent
CIES. tration and in consultation with relevant stake-
research, to improve the understanding and pre- holders—
(a) NATIONAL INSTITUTE OF STANDARDS AND diction of wildland fire risks, including the con- (A) shall leverage existing observations, tech-
TECHNOLOGY.—The responsibilities of the Direc- ditions that increase the likelihood of a nologies and assets and develop or acquire new
tor of the National Institute of Standards and wildland fire, the behavior of wildland fires, technologies and data to sustain and enhance
Technology with respect to the Program are as and their impacts on buildings, communities, in- environmental observations used for wildland
follows: frastructure, ecosystems and living systems; fire prediction and detection, fire weather and
(1) RESEARCH AND DEVELOPMENT ACTIVITIES.— (2) development and improvement of tools and smoke forecasting and monitoring, and post-
The Director of the National Institute of Stand- technologies, including databases and computa- wildland fire recovery, with a focus on—
ards and Technology shall— tional models, to enable and accelerate the un- (i) collecting data for pre-ignition analysis,
(A) carry out research on the impact of derstanding and prediction of wildland fires such as drought, fuel and vegetation conditions,
wildland fires on communities, buildings, and and their impacts; and soil moisture, that will help predict severe
other infrastructure, including structure-to- (3) development of research infrastructure, as wildland fire conditions on subseasonal to
structure transmission of fire and spread within appropriate, to enable and accelerate the under- decadal timescales;
communities; standing and prediction of wildland fires and (ii) supporting identification and classifica-
(B) carry out research on the generation of their impacts, including upgrades or additions tion of fire environments at the smallest prac-
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firebrands from wildland fires and on methods to the National Hazards Engineering Research tical scale to determine vulnerability to wildland
and materials to prevent or reduce firebrand ig- Infrastructure; fires and rapid wildland fire growth;
nition of communities, buildings, and other in- (4) research to improve the understanding of— (iii) detecting, observing, and monitoring
frastructure; (A) the response to wildland fire risk and re- wildland fires and smoke;
(C) carry out research on novel materials, sys- sponse messages by individuals, communities, (iv) supporting research on the interaction of
tems, structures, and construction designs to and policymakers; weather and wildland fire behavior; and
harden structures, parcels, and communities to (B) social and economic factors influencing (v) supporting post-fire assessments conducted
the impact of wildland fires; the implementation and adoption of wildland by Program agencies and relevant stakeholders;
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7475
(B) shall prioritize the ability to detect, ob- and Technology of the House of Representatives wildland and wildland-urban interface fire re-
serve, and monitor wildland fire and smoke in and the Committee on Commerce, Science, and sistant codes and standards;
its requirements for its current and future ob- Transportation of the Senate the results of an (9) in coordination with the National Institute
serving systems and commercial data purchases; assessment of National Weather Service work- of Standards and Technology and other Federal
and force and training challenges for Incident Mete- initiatives as appropriate, carry out a study to—
(C) not later than 12 months after the date of orologists and a roadmap for overcoming the (A) examine PFAS and other potentially
the enactment of this Act— challenges identified. Such assessment shall harmful contaminants in firefighting gear, fire
(i) may offer to enter into contracts, in con- take into consideration information technology retardants, and wetting agents;
sultation with the Secretary of Agriculture and support, logistical and administrative oper- (B) determine the lifecycle of firefighting gar-
the Secretary of the Interior, with one or more ations, anticipated weather and climate condi- ments; and
entities to obtain additional airborne and space- tions, and feedback from relevant stakeholders, (C) evaluate exposure risks based on different
based data and observations that may enhance and shall include, to the maximum extent prac- phases of the fire; and
or supplement the understanding, monitoring, ticable, an identification by the National (10) develop resources regarding best practices
prediction, and mitigation of wildland fire risks, Weather Service of— for establishing or enhancing peer-support pro-
and the relevant Program activities under sec- (A) the expected number of Incident Mete- grams within wildland fire firefighting units.
tion 302; and orologists needed over the next 5 years; (e) NATIONAL AERONAUTICS AND SPACE ADMIN-
(ii) in carrying out clause (i), shall consult (B) potential hiring authorities necessary to ISTRATION.—The responsibilities of the Adminis-
with private sector entities through the advisory overcome the identified workforce and training trator of the National Aeronautics and Space
committee established pursuant to section 304 to challenges; and Administration (in this subsection referred to as
identify needed tools and data that can be best (C) alternative services or assistance options the ‘‘Administrator’’) with respect to the Pro-
provided by the National Oceanic and Atmos- the National Weather Service could provide to gram are as follows:
pheric Administration satellites and are most meet operational needs. (1) IN GENERAL.—The Administrator shall,
beneficial to wildfire and smoke detection and (d) FEDERAL EMERGENCY MANAGEMENT AGEN- with respect to the Program—
monitoring. CY.—The Administrator of the Federal Emer- (A) support relevant basic and applied sci-
(5) FIRE WEATHER TESTBED.—In collaboration gency Management Agency, acting through the entific research and modeling;
with Program agencies and other relevant stake- United States Fire Administration, shall— (B) ensure the use in the Program of all rel-
holders, the Administrator shall establish a Fire (1) support— evant National Aeronautics and Space Adminis-
Weather Testbed to evaluate physical and social (A) the development of community risk assess- tration Earth observations data for maximum
science, technology, and other research to de- ment tools and effective mitigation techniques utility;
velop fire weather products and services for im- for preventing and responding to wildland fires, (C) explore and apply novel tools and tech-
plementation by relevant stakeholders. including at the wildland-urban interface; nologies in the activities of the Program;
(6) WILDLAND FIRE AND FIRE WEATHER RE- (B) wildland and wildland-urban interface (D) support the translation of research to op-
SEARCH AND DEVELOPMENT.—The Administrator fire and operational response-related data col- erations, including to Program agencies and rel-
shall support a wildland fire and smoke re- lection and analysis; evant stakeholders;
search and development program that includes (C) public outreach, education, and informa- (E) facilitate the communication of wildland
both physical and social science with the goals tion dissemination related to wildland fires and fire research, knowledge, and tools to relevant
of— wildland fire risk; and stakeholders; and
(A) improving the understanding, prediction, (D) promotion of wildland and wildland- (F) use commercial data where such data is
detection, forecasting, monitoring, and assess- urban interface fire preparedness and commu- available and accessible through existing Fed-
ments of wildland fires and associated fire nity risk reduction, to include hardening the eral government commercial contracts, agree-
weather and smoke; wildland-urban interface through proper con- ments, or other means, and purchase data that
(B) developing products and services to meet struction materials, land use practices, sprin- is deemed necessary based on consultation with
stakeholder needs; klers, assessment of State and local emergency other Program agencies.
(C) transitioning physical and social science response capacity and capabilities, and other (2) WILDLAND FIRE RESEARCH AND APPLICA-
research into operations; tools and approaches as appropriate; TIONS.—The Administrator shall support basic
(D) improving modeling and technology, in- (2) in collaboration with the National Insti- and applied wildland fire research and modeling
cluding coupled fire-atmosphere fire behavior tute of Standards and Technology, and other activities, including competitively-selected re-
modeling, in consultation with relevant Federal program agencies, as appropriate, promote and search, to—
agencies; assist in the implementation of research results (A) improve the understanding and prediction
(E) better understanding of links between fire and promote fire-resistant buildings, retrofit, of fire environments, wildland fires, associated
weather events and subseasonal-to-climate im- and land use practices within the design and smoke, and their impacts;
pacts; construction industry, including architects, en- (B) improve the understanding of the impacts
(F) improving the forecasting and under- gineers, contractors, builders, planners, code of- of climate change and variability on wildland
standing of the impacts of prescribed fires and ficials, and inspectors; fire risk, frequency, and severity;
how those impacts differ from impacts of (3) establish and operate a wildland fire pre- (C) characterize the pre-fire phase and fire-in-
wildland fires; and paredness and mitigation technical assistance ducing conditions, such as soil moisture and
(G) pursuing high-priority fire science re- program to assist State, local, Tribal and terri- vegetative fuel availability;
search needs applicable to the National Oceanic torial governments in using wildland fire mitiga- (D) characterize the active fire phase, such as
and Atmospheric Administration as identified by tion strategies, including through the adoption fire and smoke plume mapping, fire behavior
any other relevant Federal program. and implementation of wildland and wildland- and spread modeling, and domestic and global
(7) EXTRAMURAL RESEARCH.—The Adminis- urban interface fire resistant codes, standards, fire activity;
trator shall collaborate with and support the and land use; (E) characterize the post-fire phase, such as
non-Federal wildland fire research community, (4) incorporate wildland and wildland-urban landscape changes, air quality, erosion, land-
which includes institutions of higher education, interface fire risk mitigation and loss avoidance slides, and impacts on carbon distributions in
private entities, nongovernmental organizations, data into the Agency’s existing risk, mitigation, forest biomass;
and other relevant stakeholders, by making and loss avoidance analyses; (F) contribute to advancing predictive
funds available through competitive grants, con- (5) incorporate data on the adoption and im- wildland fire models;
tracts, and cooperative agreements. In carrying plementation of wildland and wildland-urban (G) address other relevant investigations and
out the program under this paragraph, the Ad- interface fire resistant codes and standards into measurements prioritized by the National Acad-
ministrator, in collaboration with other relevant the Agency’s hazard resistant code tracking re- emies of Sciences, Engineering, and Medicine
Federal agencies, may establish one or more na- sources; Decadal Survey on Earth Science and Applica-
tional centers for prescribed fire and wildfire (6) translate new information and research tions from Space;
sciences that leverage Federal research and de- findings into best practices to improve fire- (H) improve the translation of research knowl-
velopment with university and nongovernmental fighter, fire service, and allied professions train- edge into actionable information;
partnerships. ing and education in wildland fire response, (I) develop research and data products, in-
(8) HIGH PERFORMANCE COMPUTING.—The Ad- crew deployment, prevention, mitigation, resil- cluding maps, decision-support information, and
ministrator, in consultation with the Secretary ience, and firefighting; tools, and support related training as appro-
of Energy, shall acquire high performance com- (7) conduct outreach and information dissemi- priate and practicable;
puting technologies and supercomputing tech- nation to fire departments regarding best prac- (J) collaborate with other Program agencies
nologies, leveraging existing resources, as prac- tices for wildland and wildland-urban interface and relevant stakeholders, as appropriate, on
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ticable, to conduct research and development firefighting, training, and fireground deploy- joint research and development projects, includ-
activities, support research to operations under ment; ing research grant solicitations and field cam-
this section, and host operational fire and (8) in collaboration with other relevant Pro- paigns; and
smoke forecast models. gram agencies and stakeholders, develop a na- (K) transition research advances to oper-
(9) INCIDENT METEOROLOGIST WORKFORCE AS- tional level, interactive and publicly accessible ations, including to Program agencies and rel-
SESSMENT.—Not later than 6 months after the wildland fire hazard severity map that includes evant stakeholders, as practicable.
date of enactment of this Act, the Administrator community and parcel level data and that can (3) WILDLAND FIRE DATA SYSTEMS AND COM-
shall submit to the Committee on Science, Space, readily integrate with risk gradations within PUTATIONAL TOOLS.—The Administrator shall—
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H7476 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(A) identify, from the National Aeronautics (vi) other objectives, as deemed appropriate by (A) withstanding and addressing the current
and Space Administration’s Earth science data the Administrator. and projected impact of wildland fires on energy
systems, data, including combined data products (B) Develop and demonstrate affordable and sector infrastructure;
and relevant commercial data sets, that can deployable sensing technologies, in consultation (B) providing real-time or near-time aware-
contribute to improving the understanding, with other Program agencies and relevant stake- ness of the risks posed by wildland fires to the
monitoring, prediction, and mitigation of holders, to improve the monitoring of fire fuel operation of energy infrastructure in affected
wildland fires and their impacts, including data and active wildland fires, wildland fire behavior and potentially affected areas, including by
related to fire weather, plume dynamics, smoke models and forecast, mapping efforts, and the leveraging the Department’s high-performance
and fire behavior, impacts of climate change prediction and mitigation of wildland fires and computing capabilities and climate and eco-
and variability, land and property burned, wild- their impacts. The Administrator shall— system models;
life and ecosystem destruction, among other (i) test and demonstrate technologies such as (C) enabling early detection of, and assess-
areas; infrared, microwave, and active sensors suitable ment of competing technologies and strategies
(B) prioritize the dissemination of data identi- for deployment on spacecraft, aircraft, for addressing, malfunctioning electrical equip-
fied or obtained under this subparagraph to the uncrewed aerial systems, and ground-based and ment on the transmission and distribution grid,
widest extent practicable to support relevant re- in situ platforms, as appropriate and prac- including spark ignition causing wildland fires;
search and operational stakeholders; ticable; (D) assisting with the planning, safe execu-
(C) consider opportunities to support the Pro- (ii) develop and demonstrate affordable and tion of, and safe and timely restoration of power
gram under section 301 and the Program activi- deployable sensing technologies that can be after emergency power shut offs following
ties under section 302 when planning and devel- transitioned to operations for collection of near- wildland fires started by grid infrastructure;
(E) improving electric grid and energy sector
oping Earth observation satellites, instruments, real-time localized measurements;
safety and resilience in the event of multiple si-
and airborne measurement platforms; (iii) develop and demonstrate near-real-time
multaneous or co-located weather or climate
(D) identify opportunities, in collaboration data processing, availability, interoperability,
events leading to extreme conditions, such as ex-
with Program agencies and relevant stake- and visualization, as practicable;
treme wind, wildland fires, extreme cold, and ex-
holders, to obtain additional airborne and (iv) identify opportunities and actions re-
treme heat;
space-based data and observations that may en- quired, in collaboration with Program agencies (F) improving coordination between utilities
hance or supplement the understanding, moni- and relevant stakeholders, to transition relevant and relevant Federal agencies to enable commu-
toring, prediction, and mitigation of wildland technologies, techniques, and data to science nication, information-sharing, and situational
fire risks, and the relevant Program activities operations, upon successful demonstration of awareness in the event of wildland fires that im-
under section 302, and consider such options as the feasibility and scientific utility of the sen- pact the electric grid;
commercial solutions, including commercial data sors and data; (G) utilizing biomass produced by wildland
purchases, prize authority, academic partner- (v) transition demonstrated technologies, tech- fire risk mitigation and post-fire recovery activi-
ships, and ground-based or space-based instru- niques, and data into ongoing, operational use, ties for bioenergy, including biofuels, in collabo-
ments, as practicable and appropriate; and including to Program agencies and relevant ration with relevant stakeholders; and
(E) contribute to and support, to the maximum stakeholders; (H) predicting wildland fire occurrence,
extent practicable, the centralized, integrated (vi) prioritize and facilitate, to the greatest ex- spread, and ecosystem impact;
data collaboration environment in accordance tent practicable, the dissemination of these (2) coordinate data and computational re-
with section 302(2) and any other relevant inter- science data to operations, including to Program sources across relevant entities to improve our
agency data systems, by collecting, organizing, agencies and relevant stakeholders; and understanding of wildland fires and to promote
and integrating the National Aeronautics and (vii) consider opportunities for potential part- resilience and wildland fire prevention in the
Space Administration’s scientific data, data sys- nerships, including commercial data purchases, planning, design, construction, operation, and
tems, and computational tools related to among industry, government, academic institu- maintenance of transmission infrastructure;
wildland fires, associated smoke, and their im- tions, and non-profit organizations and other (3) consider optimal building energy efficiency
pacts, and by enhancing the interoperability, relevant stakeholders in carrying out clauses (i) and weatherization practices, as practicable, in
useability, and accessibility of National Aero- through (vi), as appropriate and practicable. wildland fire research;
nautics and Space Administration’s scientific (f) ENVIRONMENTAL PROTECTION AGENCY.— (4) utilize the Department of Energy’s Na-
data, data systems, and computational tools, in- The Administrator of the Environmental Protec- tional Laboratory capabilities, including user
cluding— tion Agency shall support environmental re- facilities, earth and environmental systems mod-
(i) observations and available real-time and search and development activities to— eling resources, and high-performance com-
near-real-time measurements; (1) improve the understanding of— puting and data analytics capabilities, to im-
(ii) derived science and data products, such as (A) wildland fire and smoke impacts on com- prove the accuracy of efforts to understand and
fuel conditions, risk and spread maps, and data munities and public health, including impacts predict wildland fire behavior and occurrence
products to represent the wildland-urban inter- on drinking water and outdoor and indoor air and mitigate wildland fire impacts; and
face; quality, and on freshwater ecosystems; (5) foster engagement between the National
(iii) relevant historical and archival observa- (B) wildland fire smoke plume characteristics, Laboratories and practitioners, researchers, pol-
tions, measurements, and derived science and chemical transformation, chemical composition, icy organizations, utilities, and other entities
data products; and and transport; the Secretary determines to be appropriate to
(iv) other relevant decision support and infor- (C) wildland fire and smoke impacts to con- understand the economic and social implications
mation tools. taminant containment and remediation; of power disruptions caused by wildland fires,
(4) NOVEL TOOLS FOR ACTIVE WILDLAND FIRE (D) the contribution of wildland fire emissions particularly within disadvantaged communities
MONITORING AND RISK MITIGATION.—The Admin- to climate forcing emissions; and regions vulnerable to wildland fires, includ-
istrator, in collaboration with other Program (E) differences between the impacts of pre- ing rural areas.
agencies and relevant stakeholders shall apply scribed fires compared to other wildland fires on SEC. 307. BUDGET ACTIVITIES.
novel tools and technologies to support active communities and air and water quality; and The Director of the National Institute of
wildland fire research, monitoring, mitigation, (F) climate change and variability on Standards and Technology, the Director of the
and risk reduction, as practicable and appro- wildland fires and smoke plumes, including on National Science Foundation, the Administrator
priate. In particular, the Administrator shall: smoke exposure; of the National Oceanic and Atmospheric Ad-
(A) Establish a program to develop and dem- (2) develop and improve tools, sensors, and ministration, the Director of the Federal Emer-
onstrate a unified concept of operations for the technologies including databases and computa- gency Management Agency, the Administrator
safe and effective deployment of diverse air ca- tional models, to accelerate the understanding, of the National Aeronautics and Space Adminis-
pabilities in active wildland fire monitoring, monitoring, and prediction of wildland fires and tration, the Administrator of the Environmental
mitigation, and risk reduction. The objectives of smoke exposure; Protection Agency, and the Secretary of Energy
the Program shall be to— (3) better integrate observational data into shall each include in the annual budget request
(i) develop and demonstrate a wildland fire wildland fire and smoke characterization models to Congress of each respective agency a descrip-
airspace operations system accounting for pi- to improve modeling at finer temporal and spa- tion of the projected activities of such agency
loted aircraft, uncrewed aerial systems, and tial resolution; under the Program for the fiscal year covered by
other new and emerging capabilities such as au- (4) develop and improve communication of the budget request and an estimate of the
tonomous and high-altitude assets; wildland fire and smoke risk reduction strate- amount such agency plans to spend on such ac-
(ii) develop an interoperable communications gies to the public in coordination with relevant tivities for the relevant fiscal year.
strategy; stakeholders and other Federal agencies; and SEC. 308. DEFINITIONS.
(iii) develop a roadmap for the on-ramping of (5) develop and disseminate personal and com- In this title:
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new technologies, capabilities, or entities; munity-based interventions to reduce exposure (1) DIRECTOR.—The term ‘‘Director’’ means
(iv) identify additional development, testing, to and adverse health effects of wildland fire the Director of the Office of Science and Tech-
and demonstration that would be required to ex- and smoke. nology Policy.
pand the scale of operations; (g) DEPARTMENT OF ENERGY.—The Secretary (2) PROGRAM.—The term ‘‘Program’’ means
(v) identify actions that would be required to of Energy shall carry out research and develop- the Program established under section 301.
transition the unified concept of operations in ment activities to— (3) PROGRAM AGENCIES.—The term ‘‘Program
subparagraph (A) into ongoing, operational use; (1) create tools, techniques, and technologies agencies’’ means any Federal agency with re-
and for— sponsibilities under the Program.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7477
(4) STAKEHOLDERS.—The term ‘‘stakeholders’’ (1) STUDY.—The Comptroller General of the (1) a National Laboratory;
means any public or private organization en- United States shall conduct a study to identify (2) an institution of higher education, includ-
gaged in addressing wildland fires, associated the following: ing a historically Black college or university, a
smoke, and their impacts, and shall include rel- (A) For the 5-year period ending on the date Tribal College or University, and a minority-
evant Federal agencies, States, territories, of enactment of this Act— serving institution;
Tribes, State and local governments, businesses, (i) the total amount of Federal funds spent in (3) a private commercial entity;
not-for-profit organizations, including national response to major disasters and emergencies de- (4) a unit of State, local, or Tribal govern-
standards and building code organizations, fire- clared pursuant to the Robert T. Stafford Dis- ment;
fighting departments and organizations, aca- aster Relief and Emergency Assistance Act (42 (5) a nonprofit organization;
U.S.C. 5121 et seq.); and (6) an electric utility or electric cooperative;
demia, and other users of wildland fire data
(7) a retail service provider of electricity;
products. (ii) the total amount of State and Indian trib-
(8) a partnership or consortium of 2 or more
(5) WILDLAND FIRE.—The term ‘‘wildland fire’’ al government funds spent in response to such
entities described in paragraphs (1) through (8);
means any non-structure fire that occurs in major disasters and emergencies.
and
vegetation or natural fuels and includes (B) 10 proposed Federal actions, to include re- (9) any other entity that the Secretary deter-
wildfires and prescribed fires. insurance, that, if implemented, would most ef- mines appropriate.
(6) FIRE ENVIRONMENT.—The term ‘‘fire envi- fectively reduce the need for spending related to (d) DEFINITIONS.—In this section:
ronment’’ means surrounding conditions, influ- such major disasters or emergencies. Such ac- (1) HISTORICALLY BLACK COLLEGE OR UNIVER-
ences, and modifying forces of topography, fuel, tions shall be listed in order of priority under SITY.—The term ‘‘historically Black college or
and weather that determine fire behavior. criteria established by the Comptroller General, university’’ has the meaning given the term
SEC. 309. AUTHORIZATION OF APPROPRIATIONS. including the following: ‘‘part B institution’’ in section 322 of the Higher
(a) NATIONAL INSTITUTE OF STANDARDS AND (i) Cost effectiveness. Education Act of 1965 (20 U.S.C. 1061).
TECHNOLOGY.—There are authorized to be ap- (ii) Return on investment. (2) INSTITUTION OF HIGHER EDUCATION.—The
propriated to the National Institute of Stand- (iii) Simplicity or speed of implementation term ‘‘institution of higher education’’ has the
ards and Technology for carrying out this using existing resources. meaning given the term in section 101(a) of the
title— (C) The effect that using blockchain may have Higher Education Act of 1965 (20 U.S.C.
(1) $35,800,000 for fiscal year 2024; on delivering disaster assistance to State and 1001(a)).
(2) $36,100,000 for fiscal year 2025; Indian tribal governments. (3) MINORITY-SERVING INSTITUTION.—The term
(3) $36,400,000 for fiscal year 2026; (D) Whether insurance protection against ‘‘minority-serving institution’’ means—
(4) $36,700,000 for fiscal year 2027; and wildfires will remain available and affordable to (A) a Hispanic-serving institution (as defined
(5) $37,100,000 for fiscal year 2028. homeowners. in section 502(a) of the Higher Education Act of
(b) NATIONAL SCIENCE FOUNDATION.—There (2) REPORT.—Not later than 1 year after the 1965 (20 U.S.C. 1101a(a)));
are authorized to be appropriated to the Na- date of enactment of this Act, the Comptroller (B) an Alaska Native-serving institution (as
tional Science Foundation for carrying out this General shall submit to the covered entities a re- defined in section 317(b) of the Higher Edu-
title— port containing the results of the study. cation Act of 1965 (20 U.S.C. 1059d(b)));
(1) $50,000,000 for fiscal year 2024; (3) DEFINITIONS.—In this subsection: (C) a Native Hawaiian-serving institution (as
(2) $53,000,000 for fiscal year 2025; (A) The term ‘‘covered entities’’ means— defined in section 317(b) of the Higher Edu-
(3) $56,200,000 for fiscal year 2026; (i) Congress; cation Act of 1965 (20 U.S.C. 1059d(b)));
(4) $59,600,000 for fiscal year 2027; and (ii) the Administrator of the Federal Emer- (D) a Predominantly Black Institution (as de-
(5) $63,100,000 for fiscal year 2028. gency Management Agency; and fined in section 371(c) of the Higher Education
(c) NATIONAL OCEANIC AND ATMOSPHERIC AD- (iii) for each State and Indian tribal govern- Act of 1965 (20 U.S.C. 1067q(c)));
MINISTRATION.—There are authorized to be ap- ment, the head of the agency for such State or (E) an Asian American and Native American
propriated to the National Oceanic and Atmos- Indian tribal government with jurisdiction over Pacific Islander-serving institution (as defined
pheric Administration for carrying out this disaster response activities. in section 371(c) of the Higher Education Act of
title— (B) The terms ‘‘Indian tribal government’’ 1965 (20 U.S.C. 1067q(c))); and
(1) $200,000,000 for fiscal year 2024; and ‘‘State’’ have the meanings given such (F) a Native American-serving nontribal insti-
(2) $215,000,000 for fiscal year 2025; terms in section 102 of the Robert T. Stafford tution (as defined in section 371(c) of the Higher
(3) $220,000,000 for fiscal year 2026; Disaster Relief and Emergency Assistance Act Education Act of 1965 (20 U.S.C. 1067q(c))).
(4) $230,000,000 for fiscal year 2027; and (42 U.S.C. 5122). (4) NATIONAL LABORATORY.—The term ‘‘Na-
(5) $250,000,000 for fiscal year 2028. (b) STATE DISASTER PLAN UPDATES.—Section tional Laboratory’’ has the meaning given such
(d) NATIONAL AERONAUTICS AND SPACE AD- 201 of the Robert T. Stafford Disaster Relief and term in section 2 of the Energy Policy Act of
MINISTRATION.—There are authorized to be ap- Emergency Assistance Act (42 U.S.C. 5131) is 2005 (42 U.S.C. 15801).
propriated to the National Aeronautics and amended by adding at the end the following: (5) RESILIENCE.—The term ‘‘resilience’’ has
Space Administration for carrying out this ‘‘(e) With respect to State plans developed the meaning given such term in section 1304A of
title— under this section, the President shall coordi- the Energy Independence and Security Act of
(1) $95,000,000 for fiscal year 2024; nate with each State to update such plans to in- 2007 (42 U.S.C. 17384a).
(2) $100,000,000 for fiscal year 2025; (6) SECRETARY.—The term ‘‘Secretary’’ means
corporate strategies that decrease the time re-
(3) $110,000,000 for fiscal year 2026; the Secretary of Energy.
quired to prepare for all hazard incidents, in-
(7) TRIBAL COLLEGE OR UNIVERSITY.—The term
(4) $110,000,000 for fiscal year 2027; and cluding the time to evacuate individuals.’’.
(5) $110,000,000 for fiscal year 2028. ‘‘Tribal College or University’’ has the meaning
TITLE IV—WILDFIRE GRID RESILIENCE given the term in section 316 of the Higher Edu-
(e) ENVIRONMENTAL PROTECTION AGENCY.— ACT
There are authorized to be appropriated to the cation Act of 1965 (20 U.S.C. 1059c).
SEC. 401. SHORT TITLE. (e) AUTHORIZATION OF APPROPRIATIONS.—
Environmental Protection Agency for carrying
This title may be cited as the ‘‘Wildfire Grid There is authorized to be appropriated to carry
out this title—
Resiliency Act’’. out the Program $10,000,000 for each of fiscal
(1) $11,000,000 for fiscal year 2024;
(2) $11,700,000 for fiscal year 2025; SEC. 402. RESILIENCE ACCELERATOR DEM- years 2024 through 2028.
(3) $12,400,000 for fiscal year 2026; ONSTRATION PROGRAM. TITLE V—WILDFIRE INSURANCE
(4) $13,100,000 for fiscal year 2027; and (a) IN GENERAL.—The Secretary of Energy COVERAGE STUDY
(5) $13,900,000 for fiscal year 2028. shall carry out a demonstration program, to be SEC. 501. SHORT TITLE.
(f) FEDERAL EMERGENCY MANAGEMENT AGEN- known as the ‘‘Resilience Accelerator Dem- This title may be cited as the ‘‘Wildfire Insur-
CY.—There are authorized to be appropriated to onstration Program’’ (in this section referred to ance Coverage Study Act of 2022’’.
the Federal Emergency Management Agency for as the ‘‘Program’’), to make awards to eligible SEC. 502. NATIONAL WILDFIRE RISK ASSESS-
carrying out this title— entities for projects that demonstrate innovative MENT.
(1) $6,000,000 for fiscal year 2024; technologies to improve electric grid resilience (a) STUDY.—The Administrator of the Federal
(2) $6,400,000 for fiscal year 2025; with respect to wildfires. Emergency Management Agency shall, pursuant
(3) $6,700,000 for fiscal year 2026; (b) ELIGIBLE PROJECTS.—The Secretary may to the authority under section 1371 of the Na-
(4) $7,100,000 for fiscal year 2027; and make an award under the Program to facilitate tional Flood Insurance Act of 1968 (42 U.S.C.
(5) $7,600,000 for fiscal year 2028. a project that demonstrates an innovative tech- 4122), conduct a study regarding wildfire risk in
SEC. 310. INCREASE IN ALLOWABLE AMOUNT OF nology to improve electric grid resilience with the United States to—
PHYSICAL DISASTER LOAN FOR MITI- respect to wildfires, including— (1) identify trends in declarations for wildfires
GATION. (1) a project that demonstrates an innovative under the Fire Management Assistance grant
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Section 7(b)(1)(A) of the Small Business Act technology for monitoring vegetation manage- program under section 420 of the Robert T. Staf-
(15 U.S.C. 636(b)(1)(A)) is amended, in the sec- ment; and ford Disaster Relief and Emergency Assistance
ond proviso, by striking ‘‘20 per centum’’ and (2) a project that demonstrates an innovative Act (42 U.S.C. 5187), with respect to geography,
inserting ‘‘30 percent’’. technology to enhance the safety of first re- costs, probability, and frequency of wildfire dis-
SEC. 311. STUDY ON DISASTER SPENDING; STATE sponders who respond to electric grid emer- asters;
DISASTER PLAN UPDATES. gencies. (2) identify mitigation practices that would
(a) GOVERNMENT ACCOUNTABILITY OFFICE (c) ELIGIBLE ENTITIES.—An eligible entity re- assist in reducing premiums for insurance poli-
STUDY ON DISASTER SPENDING.— ferred to in subsection (a) is— cies covering damages from wildfires;
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H7478 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(3) identify existing programs of the Federal (G) the effectiveness and sustainability of ‘‘(G) any other elements determined by the
Government and State governments that meas- such actions taken by States. President.
ure wildfire risk and assess their effectiveness in (3) IMPEDIMENTS IN UNDERWRITING WILDFIRE ‘‘(2) is comprised of 50,000 or fewer individuals
forecasting wildfire events and informing wild- RISK.—With respect to impediments faced by pri- and is economically disadvantaged, as deter-
fire response; and vate insurers underwriting wildfire risk, what is mined by the State in which the community is
(4) analyze and assess the need for a national or are— located and based on criteria established by the
map for measuring and quantifying wildfire (A) the correlated risks and the extent of such President; or
risk. risks; ‘‘(3) is otherwise determined by the President
(b) REPORT.—Not later than 1 year after date (B) the extent of private insurers’ inability to based on factors including, high housing cost
of the enactment of this Act, the Administrator estimate magnitude of future likelihood of burden and substandard housing, percentage of
shall submit to the Congress a report regarding wildfires and of expected damages from homeless population, limited water and sanita-
the findings and conclusions of the study con- wildfires; tion access, demographic information such as
ducted pursuant to subsection (a), which shall (C) the extent to which need for affordable race, age, and disability, language composition,
include a recommendation with regard to the housing contributes to people relocating to more transportation access or type, disproportionate
need for a national map referred to in sub- remote, heavily wooded areas with higher wild- environmental stressor burden, and dispropor-
section (a)(4). fire risk; tionate impacts from climate change.’’;
SEC. 503. GAO STUDY REGARDING INSURANCE (D) the potential for wildfire losses suffi- (B) in subsection (g)(9) by striking ‘‘small im-
FOR WILDFIRE DAMAGE. ciently large to jeopardize insurers’ solvency; poverished communities’’ and inserting ‘‘under-
(a) STUDY.—The Comptroller General of the (E) the extent to which, and areas in which, served communities’’; and
United States, in consultation with the Director risk-adjusted market premiums for wildfire risk (C) in subsection (h)(2)—
of the Federal Insurance Office and State insur- are so high as to be unaffordable; (i) in the heading by striking ‘‘SMALL IMPOV-
ance regulators, shall conduct a study to ana- ERISHED COMMUNITIES’’ and inserting ‘‘UNDER-
(F) the manners in which the Federal Govern-
lyze and determine the following: SERVED COMMUNITIES’’; and
ment and State governments can alleviate any
(1) EXISTING STATE OF COVERAGE.—With re- (ii) by striking ‘‘small impoverished commu-
of these impediments, including through—
spect to the existing state of homeowners insur- nity’’ and inserting ‘‘underserved community’’.
(i) improved forest management policies to re- (2) APPLICABILITY.—The amendments made by
ance coverage and commercial property insur- duce wildfire risk;
ance coverage for damage from wildfires in the subsection (a) shall apply with respect to any
(ii) improved data to estimate risk; amounts appropriated on or after the date of en-
United States— (iii) relocating homeowners from wildfire
(A) the extent to which private insurers have, actment of this Act.
zones; (b) GUIDANCE ON EXTREME TEMPERATURE
during the 10-year period ending on the date of (iv) allowing insurers to charge risk-adjusted
the enactment of this Act, increased rates, cost- EVENTS.—Not later than 1 year after the date of
premiums for wildfire risk, combined with sub- enactment of this Act, the Administrator of the
sharing provisions, or both for such coverage sidized premiums for lower-income homeowners;
(after adjusting for inflation) and the geo- Federal Emergency Management Administration
and shall issue guidance related to extreme tempera-
graphic areas in which such increased rates, (v) taking a last-loss position in reinsuring
cost-sharing, or both applied; ture events, including heat waves and freezes,
wildfire risk; and publish such guidance in the Federal Emer-
(B) the extent to which private insurers have, (G) the available policy responses if private
during the 10-year period ending on the date of gency Management Administration Public As-
insurers exit the wildfire coverage market and sistance Program and Policy Guide.
the enactment of this Act, refused to renew poli- the advantages and disadvantages of each such
cies for such coverages and the geographic areas (c) HAZARD MITIGATION PLANS.—Section 322
response; of the Robert T. Stafford Disaster Relief and
to which such refusals applied; (H) the effects of lack of wildfire coverage or
(C) the events that have triggered such in- Emergency Assistance Act (42 U.S.C. 5165) is
more expensive wildfire coverage rates, cost- amended—
creased rates and refusals to renew policies;
(D) in cases in which private insurers curtail sharing, or both— (1) in subsection (a) by striking the period at
coverage, the extent to which homeowners cov- (i) on local communities, including on low- or the end and inserting ‘‘, including—
erage and commercial property coverage are ter- moderate-income property owners and small ‘‘(1) identifying the extent to which resilience
minated altogether and the extent to which such businesses; is or will be incorporated into other planning
coverages are offered but with coverage for dam- (ii) by race and ethnicity; processes, including community land use, eco-
age from wildfires excluded; and (iii) on rebuilding in communities previously nomic development, capital improvement budg-
(E) the extent to which, and circumstances damaged by wildfires; and ets and transportation planning processes;
under which, private insurers are continuing to (iv) on the demand for wildfire coverage by ‘‘(2) goals and objectives related to increasing
provide coverage for damage from wildfires— property owners; resilience over a 5-year period, including bench-
(i) in general; (I) the effects of potential State prohibitions marks for future work and an assessment of
(ii) subject to a condition that mitigation ac- on termination of policies due to wildfire claims past progress;
tivities are taken, such as hardening of prop- on insurer solvency; and ‘‘(3) the building codes in existence at the time
erties and landscaping against wildfires, by (J) the manner in which private insurers are the plan is submitted and standards that are in
property owners, State or local governments, modeling or estimating future wildfire risk. use by the State for all manner of planning or
park or forest authorities, or other land man- (b) REPORT.—Not later than 2 years after the development purposes and how the State has or
agement authorities; and date of enactment of this Act, the Comptroller will comply with the standards set forth in sec-
(iii) subject to any other conditions. General shall submit to the Congress a report tion 406(e)(1)(A);
(2) REGULATORY RESPONSES.—With respect to identifying the findings and conclusions of the ‘‘(4) the use of nature-based solutions or other
actions taken by State insurance regulatory study conducted pursuant to subsection (a). mitigation activities that conserve or restore
agencies in response to increased premium rates, TITLE VI—OTHER MATTERS natural features that can serve to abate or less-
cost-sharing, or both for coverage for damage en the impacts of future disasters;
SEC. 601. EXTREME WEATHER EVENTS.
from wildfires and exclusion of such coverage ‘‘(5) integration of each local mitigation plan
(a) DEFINITIONS.— with the State, Indian Tribe, or territory plan;
from homeowners policies—
(A) the extent of rate regulation; (1) IN GENERAL.—Section 203 of the Robert T. and
(B) the extent of moratoria on such rate and Stafford Disaster Relief and Emergency Assist- ‘‘(6) the disparate impacts on underserved
cost-sharing increases and exclusions and on ance Act (42 U.S.C. 5133) is amended— communities (as such term is defined in section
nonrenewals; (A) by amending subsection (a) to read as fol- 203(a)) and plans to address any disparities.’’;
(C) the extent to which States require home- lows: and
owners coverage to include coverage for damage ‘‘(a) DEFINITION OF UNDERSERVED COMMU- (2) by adding at the end the following:
from wildfires or make sales of homeowners cov- NITY.—In this section, the term ‘underserved ‘‘(f) GUIDANCE.—The Administrator of the
erage contingent on the sale, underwriting, or community’ means a community, or a neighbor- Federal Emergency Management Agency shall
financing of separate wildfire coverage in the hood within a community, that— issue specific guidance on resilience goals and
State; ‘‘(1) is classified as high risk according to cen- provide technical assistance for States, Indian
(D) the extent to which States have estab- sus tract risk ratings derived from a product Tribes, territories, and local governments to
lished State residual market insurance entities, that— meet such goals.
reinsurance programs, or similar mechanisms for ‘‘(A) is maintained under a natural hazard ‘‘(g) ADEQUATE STAFFING.—The Administrator
coverage of damages from wildfires; assessment program; of the Federal Emergency Management Agency
(E) any other actions States or localities have ‘‘(B) is available to the public; shall ensure that ample staff are available to de-
taken in response to increased premium rates, ‘‘(C) defines natural hazard risk across the velop the guidance and technical assistance
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cost-sharing, or both for coverage for damage United States; under section 322, including hazard mitigation
from wildfires and exclusion of such coverage ‘‘(D) reflects high levels of individual hazard planning staff and personnel with expertise in
from homeowners policies, including forestry risk ratings; community planning, land use development, and
and wildfire management policies and subsidies ‘‘(E) reflects high social vulnerability ratings consensus based codes and hazard resistant de-
for premiums and cost-sharing for wildfire cov- and low community resilience ratings; signs at each regional office that specifically
erage; ‘‘(F) reflects the principal natural hazard focus on providing financial and non-financial
(F) the effects on the homeownership coverage risks identified for the respective census tracts; direct technical assistance to States, Indian
market of such actions taken by States; and and Tribes, and territories.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7479
‘‘(h) REPORTING.—Not less frequently than (2) UPDATE OF COST EFFECTIVENESS DETER- (6) COMMUNITY-BASED SCIENCE.—The term
every 5 years, the Administrator shall submit to MINATION.—Not later than 5 years after the date ‘‘community-based science’’ means voluntary
Congress a report on the progress of meeting the of enactment of this Act, the Administrator, to public participation in the scientific process and
goals under this section.’’. the extent practicable, shall update the require- the incorporation of data and information gen-
(d) ADDITIONAL USES OF FUNDS.—Section 408 ments for determining cost effectiveness and de- erated outside of traditional institutional
of the Robert T. Stafford Disaster Relief and claring incidents, including selection of appro- boundaries to address real-world problems in
Emergency Assistance Act (42 U.S.C. 5174) is priate interest rates, based on the findings made ways that may include formulating research
amended by adding at the end the following: under subsection (a). questions, conducting scientific experiments,
‘‘(k) ADDITIONAL USES OF FUNDS.—For State SEC. 602. FIRE MANAGEMENT ASSISTANCE PRO- collecting and analyzing data, interpreting re-
and local governments that have exceeded, GRAM POLICY. sults, making new discoveries, developing tech-
adopted, or are implementing the latest two pub- The Administrator of the Federal Emergency nologies and applications, and solving complex
lished editions of relevant consensus-based Management Agency shall issue such regula- problems, with an emphasis on the democratiza-
codes, specifications, and standards that incor- tions as are necessary to update the categories tion of science and the engagement of diverse
porate the latest hazard-resistant designs and of eligibility and timelines for the fire manage- people and communities.
establish minimum acceptable criteria for the de- ment assistance program under section 420 of (7) DEMONSTRATES.—The term ‘‘demonstrates’’
sign, construction, and maintenance of residen- the Robert T. Stafford Disaster Relief and Emer- means meets the burdens of going forward with
tial structures and facilities, a recipient of as- gency Assistance Act (42 U.S.C. 5187) to be, to the evidence and of persuasion.
sistance provided under this paragraph may use the maximum extent practicable, the same as (8) DIRECTOR.—The term ‘‘Director’’ means
such assistance in a manner consistent with the such categories and timelines under the public the Director of the National Institute of Envi-
standards set forth in clauses (ii) and (iii) of assistance program under section 406 of such ronmental Health Sciences.
section 406(e)(1)(A).’’. (9) DISPARATE IMPACT.—The term ‘‘disparate
Act (42 U.S.C. 5172).
(e) COLLABORATION WITH OTHER AGENCIES.— impact’’ means an action or practice that, even
SEC. 603. CHANGES TO PUBLIC ASSISTANCE POL-
In awarding grants under the Robert T. Staf- ICY GUIDE.
if appearing neutral, actually has the effect of
ford Disaster Relief and Emergency Assistance subjecting persons to discrimination on the basis
Not later than 1 year after the date of enact-
Act (42 U.S.C. 5121 et seq.), the Administrator of of race, color, or national origin.
ment of this Act, the Administrator of the Fed-
the Federal Emergency Management Agency (10) DISPROPORTIONATE BURDEN OF ADVERSE
eral Emergency Management Agency shall issue HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.—
may coordinate with other relevant agencies, in- such regulations as are necessary to update the
cluding the Environmental Protection Agency, The term ‘‘disproportionate burden of adverse
Public Assistance Program and Policy Guide of human health or environmental effects’’ means
the Department of Energy, the Department of the Federal Emergency Management Agency to
Transportation, the Corps of Engineers, the De- a situation where there exists higher or more ad-
include guidance on the wildfire-specific chal- verse human health or environmental effects on
partment of Agriculture, and the Department of lenges, including debris removal, emergency pro- communities of color, low- income communities,
Housing and Urban Development, as necessary, tective measures, and the resulting toxicity of and Tribal and Indigenous communities.
to improve collaboration for eligible activities drinking water resources. (11) ENVIRONMENTAL JUSTICE.—The term ‘‘en-
under the Act. SEC. 604. MITIGATION BENEFIT-COST ANALYSIS. vironmental justice’’ means the fair treatment
(f) GAO REPORTS.— (a) IN GENERAL.—The Administrator of the
(1) EXTREME TEMPERATURE EVENTS.—Not later and meaningful involvement of all individuals,
Federal Emergency Management Agency shall regardless of race, color, culture, national ori-
than 1 year after the date of enactment of this
conduct a review of the benefit cost analysis cri- gin, educational level, or income, with respect to
Act, and every 5 years thereafter, the Comp-
teria for mitigation projects under sections 203 the development, implementation, and enforce-
troller General of the United States shall evalu-
and 404 of the Robert T. Stafford Disaster Relief ment of environmental laws, regulations, and
ate and issue to Congress and the Federal Emer-
and Emergency Assistance Act (42 U.S.C. ) to policies to ensure that—
gency Management Agency a report regarding
consider a broader range of factors, including— (A) populations of color, communities of color,
the impacts of extreme temperatures events on (1) the establishment of a benefit cost analysis Tribal and Indigenous communities, and low-in-
communities, the challenges posed to the Fed- pre-calculated benefits critereon for common de- come communities have access to public infor-
eral Emergency Management Agency in address- fensible space mitigation projects; mation and opportunities for meaningful public
ing extreme temperature events, and rec- (2) projects that use nature-based infrastruc- participation relating to human health and en-
ommendations for the Federal Emergency Man- ture; vironmental planning, regulations, and enforce-
agement Agency to better provide assistance to (3) considerations for ecological and societal ment;
communities experiencing extreme temperature health; (B) Each population of color or community of
events. The report may also include examples of (4) carbon sequestration; color, Tribal and Indigenous community, or low-
specific mitigation and resilience projects that (5) improved water quality; and income community enjoy the same degree of pro-
communities may undertake, and the Federal (6) lessening disaster impact on traditionally
tection from pollution or other environmental
Emergency Management Agency may consider, underserved communities.
(b) UPDATED CRITERIA.—Not later than 1 year and health hazards; and
to reduce the impacts of extreme temperatures (C) the 17 Principles of Environmental Justice
on and within building structures, participatory after the date of enactment of this Act, the Ad-
written and adopted at the First National Peo-
processes that allow for public engagement in ministrator shall issue such regulations as are
ple of Color Environmental Leadership Summit
determining and addressing local risks and necessary to—
held on October through 27, 1991, in Wash-
vulnerabilities related to extreme temperatures (1) update the benefit cost analysis criteria for
ington, DC, are upheld.
events, and community infrastructure, including mitigation projects under sections 203 and 404 of
(12) ENVIRONMENTAL JUSTICE COMMUNITY.—
heating or cooling shelters. the Robert T. Stafford Disaster Relief and Emer-
The term ‘‘environmental justice community’’
(2) SMOKE AND INDOOR AIR QUALITY.—Not gency Assistance Act (42 U.S.C. ) based on the
means a community with significant representa-
later than 1 year after the date of enactment of results of the review conducted under subsection
tion of communities of color, low-income commu-
this Act, and every 5 years thereafter, the (a); and
nities, or Tribal and Indigenous communities,
Comptroller General shall evaluate and issue to (2) prioritize projects under such sections
that experiences, or is at risk of experiencing
Congress and the Federal Emergency Manage- based on the benefit cost analysis criteria up-
higher or more adverse human health or envi-
ment Agency a report regarding the impacts of dated under paragraph (1).
ronmental effects.
wildfire smoke and poor indoor air quality, the DIVISION D—ENVIRONMENTAL JUSTICE (13) FAIR TREATMENT.—The term ‘‘fair treat-
challenges posed to Federal Emergency Manage- SEC. 101. DEFINITIONS. ment’’ means the conduct of a program, policy,
ment Agency in addressing wildfire smoke and In this division: practice or activity by a Federal agency in a
indoor air quality, and recommendations for the (1) ADMINISTRATOR.—The term ‘‘Adminis- manner that ensures that no group of individ-
Federal Emergency Management Agency to bet- trator’’ means the Administrator of the Environ- uals (including racial, ethnic, or socioeconomic
ter provide assistance to communities and indi- mental Protection Agency. groups) experience a disproportionate burden of
viduals in dealing with wildfire smoke and in- (2) ADVISORY COUNCIL.—The term ‘‘Advisory adverse human health or environmental effects
door air quality. Council’’ means the National Environmental resulting from such program, policy, practice, or
(g) REPORT CONGRESS AND UPDATE OF COST Justice Advisory Council described in section activity, as determined through consultation
EFFECTIVENESS DETERMINATIONS AND DECLARA- 109. with, and with the meaningful participation of,
TIONS.— (3) AGGRIEVED PERSON.—The term ‘‘aggrieved individuals from the communities affected by a
(1) REPORT.—Not later than 2 years after the person’’ means a person aggrieved by discrimi- program, policy, practice or activity of a Federal
date of enactment of this Act, the Administrator nation on the basis of race, color, or national agency.
of the Federal Emergency Management Agency, origin. (14) FEDERAL AGENCY.—The term ‘‘Federal
in coordination with the Director of the Office (4) CLEARINGHOUSE.—The term ‘‘Clearing- agency’’ means—
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of Management and Budget, shall submit to house’’ means the Environmental Justice Clear- (A) each Federal agency represented on the
Congress a report regarding the challenges inghouse established by the Administrator under Working Group; and
posed by the Agency’s requirements for declar- section 107. (B) any other Federal agency that carries out
ing an incident or determining the cost effective- (5) COMMUNITY OF COLOR.—The term ‘‘com- a Federal program or activity that substantially
ness of mitigation activities and specifically how munity of color’’ means any geographically dis- affects human health or the environment, as de-
such requirements may disproportionately bur- tinct area the population of color of which is termined by the President.
den small impoverished communities, or specific higher than the average population of color of (15) TRIBAL AND INDIGENOUS COMMUNITY.—
vulnerable populations within communities. the State in which the community is located. The term ‘‘Tribal and Indigenous community’’
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H7480 CONGRESSIONAL RECORD — HOUSE July 29, 2022
refers to a population of people who are mem- (H) linguistically isolated. grant to participate in decisions impacting the
bers of— (24) PUBLISH.—The term ‘‘publish’’ means to health and safety of the community involved in
(A) a federally recognized Indian Tribe; make publicly available in a form that is— connection with an actual or potential release
(B) a State-recognized Indian Tribe; (A) generally accessible, including on the of a covered hazardous air pollutant, includ-
(C) an Alaska Native or Native Hawaiian internet and in public libraries; and ing—
community or organization; and (B) accessible for— (1) interpreting information with regard to the
(D) any other community of Indigenous peo- (i) individuals who are limited in English pro- nature of the hazard, cumulative impacts stud-
ple located in a State. ficiency, in accordance with Executive Order ies, health impacts studies, remedial investiga-
(16) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ No. 13166 (65 Fed. Reg. 50121 (August 16, 2000)); tion and feasibility studies, agency decisions, re-
has the meaning given the term in section 4 of and medial design, and operation and maintenance
the Indian Self-Determination and Education (ii) individuals with disabilities. of necessary monitors; and
Assistance Act (U.S.C. 5304). (25) STATE.—The term ‘‘State’’ means any (2) performing additional air pollution moni-
(17) INFRASTRUCTURE.—The term ‘‘infrastruc- State of the United States, the District of Co- toring.
ture’’ means any system for safe drinking water, lumbia, Puerto Rico, the United States Virgin (e) LIMITATIONS ON AMOUNT; RENEWAL.—
sewer collection, solid waste disposal, electricity Islands, Guam, American Samoa, and the Com- (1) AMOUNT.—
generation, communication, or transportation monwealth of the Northern Mariana Islands. (A) IN GENERAL.—The amount of a grant
(26) TRIBAL GOVERNMENT.—The term ‘‘Tribal under this section (excluding any renewals of
access (including highways, airports, marine
Government’’ means the governing body of an the grant) may not exceed $50,000 for any grant
terminals, rail systems, and residential roads)
Indian Tribe. recipient.
that is used to effectively and safely support—
(27) WHITE HOUSE INTERAGENCY COUNCIL.— (B) EXCEPTION.—The Administrator may
(A) housing;
The term ‘‘White House Interagency Council’’ waive the limitation in subparagraph (A) with
(B) an educational facility;
means the White House Environmental Justice respect to an applicant in any case where the
(C) a medical provider;
Interagency Council. Administrator determines that such waiver is
(D) a park or recreational facility; or
(28) CLIMATE JUSTICE.—The term ‘‘climate jus-
(E) a local business. necessary for the community involved to obtain
tice’’ means the fair treatment and meaningful
(18) LOCAL GOVERNMENT.—The term ‘‘local the necessary technical assistance.
involvement of all individuals, regardless of
government’’ means— (2) RENEWAL.—Grants may be renewed for
race, color, culture, national origin, educational each step in the regulatory, removal, or remedi-
(A) a county, municipality, city, town, town-
level, or income, with respect to the develop- ation process in connection with a facility with
ship, local public authority, school district, spe-
ment, implementation, and enforcement of poli- the potential to release a covered hazardous air
cial district, intrastate district, council of gov-
cies and projects that address climate change, a pollutant.
ernments (regardless of whether the council of
recognition of the historical responsibilities for (f) DEFINITION OF COVERED HAZARDOUS AIR
governments is incorporated as a nonprofit cor-
climate change, and a commitment that the peo- POLLUTANT.—In this section, the term ‘‘covered
poration under State law), regional or interstate
ple and communities least responsible for cli- hazardous air pollutant’’ means a hazardous air
governmental entity, or agency or instrumen-
mate change, and most vulnerable to the im- pollutant (as defined in section 112 of the Clean
tality of a local government; or
(B) an Indian Tribe or authorized Tribal orga- pacts of climate change, do not suffer dispropor- Air Act) that—
nization, or Alaska Native village or organiza- tionately as a result of historical injustice and (1) is listed on the toxics release inventory
tion, that is not a Tribal Government. disinvestment. under section (c) of the Emergency Planning
(29) NATURAL INFRASTRUCTURE.—The term and Community Right-To-Know Act of 1986; or
(19) LOW INCOME.—The term ‘‘low income’’
‘‘natural infrastructure’’ means infrastructure (2) is identified as carcinogenic by an assess-
means an annual household income equal to, or
that uses, restores, or emulates natural ecologi- ment under the Integrated Risk Information
less than, the greater of—
cal processes and— System (IRIS) of the Environmental Protection
(A) an amount equal to 80 percent of the me-
(A) is created through the action of natural
dian income of the area in which the household Agency.
physical, geological, biological, and chemical
is located, as reported by the Department of SEC. 103. WHITE HOUSE ENVIRONMENTAL JUS-
processes over time; TICE INTERAGENCY COUNCIL.
Housing and Urban Development; and (B) is created by human design, engineering,
(B) 200 percent of the Federal poverty line. and construction to emulate or act in concert (a) IN GENERAL.—The President shall main-
(20) LOW-INCOME COMMUNITY.—The term ‘‘low with natural processes; or tain within the Executive Office of the President
income community’’ means any census block (C) involves the use of plants, soils, and other a White House Environmental Justice Inter-
group in which 30 percent or more of the popu- natural features, including through the cre- agency Council.
lation are individuals with low income. ation, restoration, or preservation of vegetated (b) REQUIREMENTS.—
(21) MEANINGFUL.—The term ‘‘meaningful’’, (1) COMPOSITION.—The White House Inter-
areas using materials appropriate to the region
with respect to involvement by the public in a agency Council shall be comprised of the fol-
to manage stormwater and runoff, to attenuate
determination by a Federal agency, means lowing (or a designee):
flooding and storm surges, to prevent and miti-
that— (A) The Secretary of Agriculture.
gate and address wildfires and drought, and for
(A) potentially affected residents of a commu- (B) The Secretary of Commerce.
other related purposes. (C) The Secretary of Defense.
nity have an appropriate opportunity to partici- SEC. 102. ENVIRONMENTAL JUSTICE COMMUNITY
pate in decisions regarding a proposed activity (D) The Secretary of Energy.
TECHNICAL ASSISTANCE GRANTS.
that will affect the environment or public health (E) The Secretary of Health and Human Serv-
(a) IN GENERAL.—The Administrator may ices.
of the community; award grants to eligible entities to enable such
(B) the public contribution can influence the (F) The Secretary of Homeland Security.
entities to participate in decisions impacting the (G) The Secretary of Housing and Urban De-
determination by the Federal agency; health and safety of their communities in con-
(C) the concerns of all participants involved velopment.
nection with an actual or potential release of a (H) The Secretary of the Interior.
are taken into consideration in the decision- covered hazardous air pollutant or in connec- (I) The Secretary of Labor.
making process; and tion with wildfires or drought. (J) The Secretary of Transportation.
(D) the Federal agency— (b) TIMING.— (K) The Attorney General.
(i) provides to potentially affected members of (1) GUIDANCE.—Not later than 12 months after (L) The Administrator.
the public relevant and accurate information re- the date of enactment of this section, the Ad- (M) The Director of the Office of Environ-
garding the activity potentially affecting the en- ministrator shall publish guidance describing mental Justice.
vironment or public health of affected members the process for eligible entities to apply for a (N) The Chairman of the Consumer Product
of the public; and grant under this section, including the required Safety Commission.
(ii) facilitates the involvement of potentially content and form of applications, the manner in (O) The Chairperson of the Chemical Safety
affected members of the public. which applications must be submitted, and any Board.
(22) POPULATION.—The term ‘‘population’’ applicable deadlines. (P) The Director of the Office of Management
means a census block group or series of geo- (2) FIRST GRANT.—Not later than 180 days and Budget.
graphically contiguous blocks representing cer- after the issuance of guidance under paragraph (Q) The Director of the Office of Science and
tain common characteristics, such as race, eth- (1), the Administrator shall award the first Technology Policy.
nicity, national origin, income-level, health dis- grant under this section. (R) The Chair of the Council on Environ-
parities, or other public health and socio- (c) ELIGIBLE ENTITY.—To be eligible for a mental Quality.
economic attributes. grant under this section, an applicant shall be (S) The Assistant to the President for Domes-
(23) POPULATION OF COLOR.—The term ‘‘popu- a group of individuals who reside in a commu- tic Policy.
lation of color’’ means a population of individ- nity that— (T) The Director of the National Economic
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uals who identify as— (1) is a population of color, a community of Council.
(A) Black; color, a Tribal and Indigenous community, or a (U) The Chairman of the Council of Economic
(B) African American; low-income community; and Advisers.
(C) Asian; (2) is in close proximity to the site of an actual (V) The Secretary of Education.
(D) Pacific Islander; or potential release of a covered hazardous air (W) The Deputy Assistant to the President for
(E) another non-White race; pollutant. Environmental Policy.
(F) Hispanic; (d) USE OF FUNDS.—An eligible entity receiv- (X) The Director of the National Institutes of
(G) Latino; or ing a grant under this section shall use the Health.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7481
(Y) The Director of the National Park Service. the environment in a manner that ensures that (ii) TIMETABLES.—Each strategy implemented
(Z) The Assistant Secretary of the Bureau of the program, policy, or activity does not have and updated pursuant to subparagraph (A)
Indian Affairs. the effect of excluding any individual or group shall include a timetable for undertaking revi-
(AA) The Chairperson of the National Envi- from participation in, denying any individual or sions identified pursuant to clause (i).
ronmental Justice Advisory Council. group the benefits of, or subjecting any indi- (C) PROGRESS REPORTS.—Not later than 1 year
(BB) Such other Federal officials as the Presi- vidual or group to discrimination under, the after the date of enactment of this Act, and not
dent may designate. program, policy, or activity on the basis of race, less frequently than once every 5 years there-
(2) FUNCTIONS.—The White House Interagency color, or national origin. after, each Federal agency shall submit to Con-
Council shall— (3) STRATEGIES.— gress and the Working Group, and shall pub-
(A) report to the President through the Chair (A) AGENCYWIDE STRATEGIES.—Each Federal lish, a progress report that includes, with re-
of the Council on Environmental Quality; agency shall implement and update, not less fre- spect to the period covered by the report—
(B) provide guidance to Federal agencies re- quently than annually, an agencywide environ- (i) a description of the current environmental
garding criteria for identifying disproportion- mental justice strategy that identifies and in- justice strategy of the Federal agency;
ately high and adverse human health or envi- cludes strategies to address disproportionally (ii) an evaluation of the progress made by the
ronmental effects— high and adverse human health or environ- Federal agency at national and regional levels
(i) on populations of color, communities of mental effects of the programs, policies, spend- regarding implementation of the environmental
color, Tribal and Indigenous communities, and ing, and other activities of the Federal agency justice strategy, including—
low-income communities; and with respect to populations of color, commu- (I) metrics used by the Federal agency to
(ii) on the basis of race, color, national origin, nities of color, Tribal and Indigenous commu- measure performance; and
or income; nities, and low- income communities, including, (II) the progress made by the Federal agency
(C) coordinate with, provide guidance to, and as appropriate for the mission of the Federal toward—
serve as a clearinghouse for, each Federal agen- agency, with respect to the following areas: (aa) the achievement of the metrics described
cy with respect to the implementation and up- (i) Implementation of the National Environ- in subclause (I); and
dating of an environmental justice strategy re- mental Policy Act of 1969 (42 U.S.C. et seq.). (bb) mitigating identified instances of environ-
quired under this division, in order to ensure (ii) Implementation of title VI of the Civil mental injustice;
that the administration, interpretation, and en- (iii) a description of the participation by the
Rights Act of 1964 (42 U.S.C. 2000d et seq.) (in-
forcement of programs, activities, and policies Federal agency in interagency collaboration;
cluding regulations promulgated pursuant to
are carried out in a consistent manner; (D) as- (iv) responses to recommendations submitted
that title).
sist in coordinating research by, and stimulating by members of the public to the Federal agency
(iii) Implementation of the Robert T. Stafford
cooperation among, the Environmental Protec- relating to the environmental justice strategy of
Disaster Relief and Emergency Assistance Act
tion Agency, the Department of Health and the Federal agency and the implementation by
(42 U.S.C. 5121 et seq.).
Human Services, the Department of Housing the Federal agency of this division; and
(iv) Impacts from the lack of infrastructure, or
and Urban Development, and other Federal (v) any updates or revisions to the environ-
from deteriorated infrastructure.
agencies conducting research or other activities mental justice strategy of the Federal agency,
(v) Impacts from land use.
in accordance with this division; including those resulting from public comments.
(vi) Impacts from climate change, including
(4) PUBLIC PARTICIPATION.—Each Federal
(E) identify, based in part on public rec- wildfires and drought.
agency shall—
ommendations contained in Federal agency (vii) Impacts from commercial transportation. (A) ensure that meaningful opportunities exist
progress reports, important areas for Federal (viii) Strategies for the implementation of
for the public to submit comments and rec-
agencies to take into consideration and address, agency programs, policies, and activities to pro-
ommendations relating to the environmental jus-
as appropriate, in environmental justice strate- vide for—
tice strategy, progress reports, and ongoing ef-
gies and other efforts; (I) equal protection from environmental and
forts of the Federal agency to incorporate envi-
(F) assist in coordinating data collection and health hazards for populations of color, commu-
ronmental justice principles into the programs,
maintaining and updating appropriate data- nities of color, Tribal and Indigenous commu-
policies, and activities of the Federal agency;
bases, as required by this division; nities, and low-income communities; (B) hold public meetings or otherwise solicit
(G) examine existing data and studies relating (II) equal opportunity for public involvement
public participation and community-based
to environmental justice; and due process to populations of color, commu-
science from populations of color, communities
(H) hold public meetings and otherwise solicit nities of color, Tribal and Indigenous commu-
of color, Tribal and Indigenous communities,
public participation under paragraph (3); and nities, and low-income communities in the devel-
and low-income communities for fact-finding,
(I) develop interagency model projects relating opment, implementation, and enforcement of
receiving public comments, and conducting in-
to environmental justice that demonstrate co- agency programs, policies, and activities;
quiries concerning environmental justice; and
operation among Federal agencies. (III) improved technical assistance and access (C) prepare for public review and publish a
(3) PUBLIC PARTICIPATION.—The White House to information to populations of color, commu- summary of the comments and recommendations
Interagency Council shall— nities of color, Tribal and Indigenous commu- provided.
(A) hold public meetings or otherwise solicit nities, and low-income communities regarding (5) ACCESS TO INFORMATION.—Each Federal
public participation and community-based the impacts of agency programs, policies, and agency shall—
science for the purpose of fact-finding with re- activities on environmental justice communities; (A) publish public documents, notices, and
spect to the implementation of this division; and (IV) improved agency cooperation with State hearings relating to the programs, policies, and
(B) prepare for public review and publish a governments, Tribal Governments, and local activities of the Federal agency that affect
summary of any comments and recommenda- governments to address pollution and public human health or the environment; and
tions provided. health burdens for populations of color, commu- (B) translate and publish any public docu-
(c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— nities of color, Tribal and Indigenous commu- ments, notices, and hearings relating to an ac-
Any person may commence a civil action— nities, and low-income communities. tion of the Federal agency as appropriate for
(1) to seek relief from, or to compel, an agency (B) REVISIONS.— the affected population, specifically in any case
action under this section (including regulations (i) IN GENERAL.—Each strategy developed and in which a limited English-speaking population
promulgated pursuant to this section); or updated pursuant to subparagraph (A) shall may be disproportionately affected by that ac-
(2) otherwise to ensure compliance with this identify programs, policies, planning and public tion.
section (including regulations promulgated pur- participation processes, rulemaking, agency (6) CODIFICATION OF GUIDANCE.—
suant to this section). spending, and enforcement activities relating to (A) COUNCIL ON ENVIRONMENTAL QUALITY.—
SEC. 104. FEDERAL AGENCY ACTIONS TO AD- human health or the environment that may be Notwithstanding any other provision of law,
DRESS ENVIRONMENTAL JUSTICE. revised, at a minimum— sections II and III of the guidance issued by the
(a) FEDERAL AGENCY RESPONSIBILITIES.— (I) to promote enforcement of all health, envi- Council on Environmental Quality entitled ‘‘En-
(1) ENVIRONMENTAL JUSTICE MISSION.—To the ronmental, and civil rights laws and regulations vironmental Justice Guidance Under the Na-
maximum extent practicable and permitted by in areas containing populations of color, com- tional Environmental Policy Act’’ and dated De-
applicable law, each Federal agency shall make munities of color, Tribal and Indigenous com- cember 10, 1997, are enacted into law.
achieving environmental justice part of the mis- munities, and low-income communities; (B) ENVIRONMENTAL PROTECTION AGENCY.—
sion of the Federal agency by identifying, ad- (II) to ensure greater public participation; Notwithstanding any other provision of law, the
dressing, and mitigating disproportionately high (III) to provide increased access to infrastruc- guidance issued by the Environmental Protec-
and adverse human health or environmental ef- ture; tion Agency entitled ‘‘EPA Policy on Consulta-
fects of the programs, policies, and activities of (IV) to improve research and data collection tion and Coordination with Indian Tribes:
the Federal agency on populations of color, relating to the health and environment of popu- Guidance for Discussing Tribal Treaty Rights’’
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communities of color, Tribal and Indigenous lations of color, communities of color, Tribal and dated February 2016 is enacted into law.
communities, and low-income communities in and Indigenous communities, and low-income (b) HUMAN HEALTH AND ENVIRONMENTAL RE-
the United States (including the territories and communities, including through the increased SEARCH, DATA COLLECTION, AND ANALYSIS.—
possessions of the United States and the District use of community-based science; and (1) RESEARCH.—Each Federal agency, to the
of Columbia). (V) to identify differential patterns of use of maximum extent practicable and permitted by
(2) NONDISCRIMINATION.—Each Federal agen- natural resources among populations of color, applicable law, shall—
cy shall conduct any program, policy, or activ- communities of color, Tribal and Indigenous (A) in conducting environmental or human
ity that substantially affects human health or communities, and low-income communities. health research, include diverse segments of the
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H7482 CONGRESSIONAL RECORD — HOUSE July 29, 2022
population in epidemiological and clinical stud- (d) MAPPING AND SCREENING TOOL.—The Ad- SEC. 106.
ENVIRONMENTAL JUSTICE BASIC
ies, including segments at high risk from envi- ministrator shall continue to make available to TRAINING PROGRAM.
ronmental hazards, such as— the public an environmental justice mapping (a) ESTABLISHMENT.—The Administrator shall
(i) populations of color, communities of color, and screening tool (such as EJScreen or an establish a basic training program, in coordina-
Tribal and Indigenous communities, populations equivalent tool) that includes, at a minimum, tion and consultation with nongovernmental en-
with low income, and low-income communities; the following features: vironmental justice organizations, to increase
(ii) fenceline communities; and (1) Nationally consistent data. the capacity of residents of environmental jus-
(iii) workers who may be exposed to substan- (2) Environmental data. tice communities to identify and address dis-
tial environmental hazards; (3) Demographic data, including data relating proportionately adverse human health or envi-
(B) in conducting environmental or human to race, ethnicity, and income. ronmental effects by providing culturally and
health analyses, identify multiple and cumu- (4) Capacity to produce maps and reports by linguistically appropriate—
lative exposures; and geographical area. (1) training and education relating to—
(C) actively encourage and solicit community- (5) Data on national parks and other feder- (A) basic and advanced techniques for the de-
based science, and provide to populations of ally protected natural, historic, and cultural tection, assessment, and evaluation of the ef-
color, communities of color, Tribal and Indige- sites. fects of hazardous substances, wildfire, and
nous communities, populations with low income, (e) JUDICIAL REVIEW AND RIGHTS OF ACTION.— drought on human health;
and low income communities the opportunity to Any person may commence a civil action— (B) methods to assess the risks to human
comment regarding the development and design (1) to seek relief from, or to compel, an agency health presented by hazardous substances, wild-
of research strategies carried out pursuant to action under this section (including regulations fire, and drought;
this division. promulgated pursuant to this section); or (C) methods and technologies to detect haz-
(2) DISPROPORTIONATE IMPACT.—To the max- (2) otherwise to ensure compliance with this ardous substances in the environment;
imum extent practicable and permitted by appli- section (including regulations promulgated pur- (D) basic biological, chemical, and physical
cable law (including section 552a of title 5, suant to this section). methods to reduce the quantity and toxicity of
United States Code (commonly known as the (f) INFORMATION SHARING.—In carrying out hazardous substances and to reduce the fre-
Privacy Act)), each Federal agency shall— this section, each Federal agency, to the max- quency and extent of wildfires and drought;
(A) collect, maintain, and analyze informa- imum extent practicable and permitted by appli- (E) the rights and safeguards currently af-
tion assessing and comparing environmental cable law, shall share information and eliminate forded to individuals through policies and laws
and human health risks borne by populations unnecessary duplication of efforts through the intended to help environmental justice commu-
identified by race, national origin, or income; use of existing data systems and cooperative nities address disparate impacts and discrimina-
and agreements among Federal agencies and with tion, including—
(B) use that information to determine whether State, local, and Tribal Governments. (i) laws adopted to protect human health and
the programs, policies, and activities of the Fed- (g) CLIMATE AND ECONOMIC JUSTICE SCREEN- the environment; and
eral agency have disproportionally high and ad- ING TOOL.—The Chair of the Council on Envi- (ii) section 602 of the Civil Rights Act of (42
verse human health or environmental effects on ronmental Quality shall— U.S.C. 2000d-1);
populations of color, communities of color, Trib- (1) maintain a geospatial Climate and Eco- (F) public engagement opportunities through
al and Indigenous communities, and low-income nomic Justice Screening Tool; and the policies and laws described in subparagraph
communities. (2) annually publish interactive maps high- (E);
(3) INFORMATION RELATING TO NON-FEDERAL lighting disadvantaged communities. (G) materials available on the Clearinghouse
FACILITIES.—In connection with the implemen- SEC. 105. TRAINING OF EMPLOYEES OF FEDERAL described in this division;
tation of Federal agency strategies under sub- AGENCIES. (H) methods to expand access to parks and
section (a)(3), each Federal agency, to the max- (a) INITIAL TRAINING.—Not later than 1 year other natural and recreational amenities; and
imum extent practicable and permitted by appli- after the date of enactment of this Act, each em- (I) finding and applying for Federal grants re-
cable law, shall collect, maintain, and analyze ployee of the Department of Energy, the Envi- lated to environmental justice; and
information relating to the race, national origin, ronmental Protection Agency, the Department (2) short courses and continuation education
and income level, and other readily accessible of the Interior, and the National Oceanic and programs for residents of communities who are
and appropriate information, for fenceline com- Atmospheric Administration shall complete an located in close proximity to hazardous sub-
munities in proximity to any facility or site ex- environmental justice training program to en- stances or in locations at risk of wildfires or
pected to have a substantial environmental, sure that each such employee— drought to provide, as applicable—
human health, or economic effect on the sur- (1) has received training in environmental jus- (A) education relating to—
rounding populations, if the facility or site be- tice; and (i) the proper manner to handle hazardous
comes the subject of a substantial Federal envi- (2) is capable of— substances;
ronmental administrative or judicial action. (A) appropriately incorporating environ- (ii) the management of facilities at which haz-
(4) IMPACT FROM FEDERAL FACILITIES.—Each mental justice concepts into the daily activities ardous substances are located (including facility
Federal agency, to the maximum extent prac- of the employee; and compliance protocols);
ticable and permitted by applicable law, shall (B) increasing the meaningful participation of (iii) the evaluation of the hazards that facili-
collect, maintain, and analyze information re- individuals from environmental justice commu- ties described in clause (ii) pose to human
lating to the race, national origin, and income nities in the activities of the applicable agency. health; and
level, and other readily accessible and appro- (b) MANDATORY PARTICIPATION.—Effective on (iv) preventing, mitigating, and managing
priate information, for fenceline communities in the date that is 1 year after the date of enact- wildfires and drought and the hazards that
proximity to any facility of the Federal agency ment of this Act, each individual hired by the wildfires and drought pose to human health;
that is— Department of Energy, the Environmental Pro- and
(A) subject to the reporting requirements tection Agency, the Department of the Interior, (B) training on environmental and occupa-
under the Emergency Planning and Community and the National Oceanic and Atmospheric Ad- tional health and safety with respect to the pub-
Right-To-Know Act of (42 U.S.C. 11001 et seq.), ministration after that date shall be required to lic health and engineering aspects of hazardous
as required by Executive Order No. 12898 (42 participate in environmental justice training. waste control.
U.S.C. 4321 note; relating to Federal actions to (c) REQUIREMENT RELATING TO CERTAIN EM- (b) GRANT PROGRAM.—
address environmental justice in minority popu- PLOYEES.— (1) ESTABLISHMENT.—In carrying out the basic
lations and low-income populations); and (1) IN GENERAL.—With respect to each Federal training program established under subsection
(B) expected to have a substantial environ- agency that participates in the White House (a), the Administrator may provide grants to, or
mental, human health, or economic effect on Interagency Council, not later than 30 days enter into any contract or cooperative agree-
surrounding populations. after the date on which an individual is ap- ment with, an eligible entity to carry out any
(c) CONSUMPTION OF FISH AND WILDLIFE.— pointed to the position of environmental justice training or educational activity described in
(1) IN GENERAL.—Each Federal agency shall coordinator, or any other position the responsi- subsection (a).
develop, publish (unless prohibited by law), and bility of which involves the conduct of environ- (2) ELIGIBLE ENTITY.—To be eligible to receive
revise, as practicable and appropriate, guidance mental justice activities, the individual shall be assistance under paragraph (1), an eligible enti-
on actions of the Federal agency that will im- required to possess documentation of the com- ty shall be an accredited institution of edu-
pact fish and wildlife consumed by populations pletion by the individual of environmental jus- cation in partnership with—
that principally rely on fish or wildlife for sub- tice training. (A) a community-based organization that car-
sistence. (2) EVALUATION.—Not later than 3 years after ries out activities relating to environmental jus-
(2) REQUIREMENT.—The guidance described in the date of enactment of this Act, the Inspector tice;
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paragraph (1) shall— General of each Federal agency that partici- (B) a generator of hazardous waste;
(A) reflect the latest scientific information pates in the White House Interagency Council (C) any individual who is involved in the de-
available concerning methods for evaluating the shall evaluate the training programs of such tection, assessment, evaluation, or treatment of
human health risks associated with the con- Federal agency to determine if such Federal hazardous waste;
sumption of pollutant-bearing fish or wildlife; agency has improved the rate of training of the (D) any owner or operator of a facility at
and employees of such Federal agency to ensure that which hazardous substances are located; or
(B) publish the risks of such consumption pat- each employee has received environmental jus- (E) any State government, Tribal Government,
terns. tice training. or local government.
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7483
(c) PLAN.— (d) ANNUAL REVIEW.—The Advisory Council (b) MEMBERSHIP.—The Advisory Council shall
(1) IN GENERAL.—Not later than 2 years after shall— be composed of 26 members who have knowledge
the date of enactment of this Act, the Adminis- (1) conduct a review of the Clearinghouse on of, or experience relating to, the effect of envi-
trator, in consultation with the Director, shall an annual basis; and ronmental conditions on communities of color,
develop and publish in the Federal Register a (2) recommend to the Administrator any up- low-income communities, and Tribal and Indige-
plan to carry out the basic training program es- dates for the Clearinghouse that the Advisory nous communities, including—
tablished under subsection (a). Council determines to be necessary for the effec- (1) representatives of—
(2) CONTENTS.—The plan described in para- tive operation of the Clearinghouse. (A) community-based organizations that carry
graph (1) shall contain— SEC. 108. PUBLIC MEETINGS. out initiatives relating to environmental justice,
(A) a list that describes the relative priority of (a) IN GENERAL.—Not later than 2 years after including grassroots organizations led by people
each activity described in subsection (a); and the date of enactment of this Act, and bienni- of color;
(B) a description of research and training rel- (B) State governments, Tribal Governments,
ally thereafter, the Administrator shall hold
evant to environmental justice issues of commu- and local governments;
public meetings on environmental justice issues
nities adversely affected by pollution. (C) Indian Tribes and other Indigenous
in each region of the Environmental Protection
(3) COORDINATION WITH FEDERAL AGENCIES.— groups;
Agency to gather public input with respect to
The Administrator shall, to the maximum extent (D) nongovernmental and environmental or-
the implementation and updating of environ-
practicable, take appropriate steps to coordinate ganizations; and
mental justice strategies and efforts of the Envi-
the activities of the basic training program de- (E) private sector organizations (including
ronmental Protection Agency.
scribed in the plan with the activities of other representatives of industries and businesses);
(b) OUTREACH TO ENVIRONMENTAL JUSTICE
Federal agencies to avoid any duplication of ef- and
COMMUNITIES.—The Administrator, in advance
fort. (2) experts in the field of—
(d) REPORT.— of the meetings described in subsection (a), shall (A) socioeconomic analysis;
(1) IN GENERAL.—Not later than 2 years after to the extent practicable hold multiple meetings (B) health and environmental effects;
the date of enactment of this Act, and every 2 in environmental justice communities in each re- (C) exposure evaluation;
years thereafter, the Administrator shall submit gion to provide meaningful community involve- (D) environmental law and civil rights law; or
to the Committees on Energy and Commerce and ment opportunities. (E) environmental health science research.
Natural Resources of the House of Representa- (c) NOTICE.—Notice for the meetings described (c) SUBCOMMITTEES; WORKGROUPS.—
tive and the Committees on Environment and in subsections (a) and (b) shall be provided— (1) ESTABLISHMENT.—The Advisory Council
Public Works and Energy and Natural Re- (1) to applicable representative entities or or- may establish any subcommittee or workgroup
sources of the Senate a report describing— ganizations present in the environmental justice to assist the Advisory Council in carrying out
(A) the implementation of the basic training community, including— any duty of the Advisory Council described in
program established under subsection (a); and (A) local religious organizations; subsection (d).
(B) the impact of the basic training program (B) civic associations and organizations; (2) REPORT.—Upon the request of the Advi-
on improving training opportunities for resi- (C) business associations of people of color; sory Council, each subcommittee or workgroup
dents of environmental justice communities. (D) environmental and environmental justice established by the Advisory Council under para-
(2) PUBLIC AVAILABILITY.—The Administrator organizations; graph (1) shall submit to the Advisory Council a
shall make the report required under paragraph (E) homeowners, tenants, and neighborhood report that contains—
(1) available to the public (including by posting watch groups; (A) a description of each recommendation of
a copy of the report on the website of the Envi- (F) local and Tribal Governments; the subcommittee or workgroup; and
ronmental Protection Agency). (G) rural cooperatives; (B) any advice requested by the Advisory
(e) AUTHORIZATION OF APPROPRIATIONS.— (H) business and trade organizations; Council with respect to any duty of the Advi-
There is authorized to be appropriated to carry (I) community and social service organiza- sory Council.
out this section $10,000,000 for each of fiscal tions; (d) DUTIES.—The Advisory Council shall pro-
years 2023 through 2027. (J) universities, colleges, and vocational vide independent advice and recommendations
schools; to the Environmental Protection Agency with
SEC. 107. ENVIRONMENTAL JUSTICE CLEARING-
HOUSE. (K) labor organizations; respect to issues relating to environmental jus-
(L) civil rights organizations; tice, including advice—
(a) ESTABLISHMENT.—Not later than 1 year
(M) senior citizens’ groups; and (1) to help develop, facilitate, and conduct re-
after the date of enactment of this Act, the Ad-
(N) public health agencies and clinics; views of the direction, criteria, scope, and ade-
ministrator shall establish a public internet-
(2) through communication methods that are quacy of the scientific research and demonstra-
based clearinghouse, to be known as the Envi-
accessible in the applicable environmental jus- tion projects of the Environmental Protection
ronmental Justice Clearinghouse.
tice community, which may include electronic Agency relating to environmental justice;
(b) CONTENTS.—The Clearinghouse shall be
media, newspapers, radio, and other media par- (2) to improve participation, cooperation, and
composed of culturally and linguistically appro-
ticularly targeted at communities of color, low- communication with respect to such issues—
priate materials related to environmental jus-
income communities, and Tribal and Indigenous (A) within the Environmental Protection
tice, including—
(1) information describing the activities con- communities; and Agency;
ducted by the Environmental Protection Agency (3) at least 30 days before any such meeting. (B) between, and among, the Environmental
(d) COMMUNICATION METHODS AND REQUIRE- Protection Agency and Federal agencies, State
to address issues relating to environmental jus-
MENTS.—The Administrator shall— and local governments, Indian Tribes, environ-
tice;
(2) copies of training materials provided by (1) provide translations of any documents mental justice leaders, interest groups, and the
the Administrator to help individuals and em- made available to the public pursuant to this public;
ployees understand and carry out environ- section in any language spoken by more than 5 (3) requested by the Administrator to help im-
mental justice activities; percent of the population residing within the prove the response of the Environmental Protec-
(3) links to web pages that describe environ- applicable environmental justice community, tion Agency in securing environmental justice
mental justice activities of other Federal agen- and make available translation services for for communities of color, low-income commu-
cies; meetings upon request; and nities, and Tribal and Indigenous communities;
(4) a directory of individuals who possess (2) not require members of the public to and
technical expertise in issues relating to environ- produce a form of identification or register their (4) on issues relating to—
mental justice; names, provide other information, complete a (A) the developmental framework of the Envi-
(5) a directory of nonprofit and community- questionnaire, or otherwise fulfill any condition ronmental Protection Agency with respect to the
based organizations, including grassroots orga- precedent to attending a meeting, but if an at- integration by the Environmental Protection
nizations led by people of color, that address tendance list, register, questionnaire, or other Agency of socioeconomic programs into the stra-
issues relating to environmental justice at the similar document is utilized during meetings, it tegic planning, annual planning, and manage-
local, State, and Federal levels (with particular shall state clearly that the signing, registering, ment accountability of the Environmental Pro-
emphasis given to nonprofit and community- or completion of the document is voluntary. tection Agency to achieve environmental justice
based organizations that possess the capability (e) REQUIRED ATTENDANCE OF CERTAIN EM- results throughout the Environmental Protec-
to provide advice or technical assistance to envi- PLOYEES.—In holding a public meeting under tion Agency;
ronmental justice communities); and subsection (a), the Administrator shall ensure (B) the measurement and evaluation of the
(6) any other appropriate information as de- that at least 1 employee of the Environmental progress, quality, and adequacy of the Environ-
termined by the Administrator, including infor- Protection Agency at the level of Assistant Ad- mental Protection Agency in planning, devel-
mation on any resources available to help ad- ministrator is present at the meeting to serve as oping, and implementing environmental justice
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dress the disproportionate burden of adverse a representative of the Environmental Protec- strategies, project, and programs;
human health or environmental effects on envi- tion Agency. (C) any existing and future information man-
ronmental justice communities. SEC. 109. NATIONAL ENVIRONMENTAL JUSTICE agement systems, technologies, and data collec-
(c) CONSULTATION.—In developing the Clear- ADVISORY COUNCIL. tion activities of the Environmental Protection
inghouse, the Administrator shall consult with (a) ESTABLISHMENT.—The President shall es- Agency (including recommendations to conduct
individuals representing academic and commu- tablish an advisory council, to be known as the analyses that support and strengthen environ-
nity-based organizations who have expertise in National Environmental Justice Advisory Coun- mental justice programs in administrative and
issues relating to environmental justice. cil. scientific areas);
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H7484 CONGRESSIONAL RECORD — HOUSE July 29, 2022
(D) the administration of grant programs re- entities to participate in decisions impacting the (A) an outline describing the means by which
lating to environmental justice assistance; and health and safety of their communities relating the project proposed by the eligible entity will—
(E) education, training, and other outreach to the permitting or permit renewal of a solid (i) with respect to environmental and public
activities conducted by the Environmental Pro- waste disposal facility or hazardous waste facil- health issues at the local level, increase the un-
tection Agency relating to environmental jus- ity. derstanding of the environmental justice com-
tice. (b) TIMING.— munity at which the eligible entity will conduct
(e) DESIGNATED FEDERAL OFFICER.—The Di- (1) GUIDANCE.—Not later than 12 months after the project;
rector of the Office of Environmental Justice of the date of enactment of this section, the Ad-
ministrator shall publish guidance describing (ii) improve the ability of the environmental
the Environmental Protection Agency is des-
the process for eligible entities to apply for a justice community to address each issue de-
ignated as the Federal officer required under
grant under this section, including the required scribed in clause (i);
section 10(e) of the Federal Advisory Committee
Act (5 U.S.C. App.) for the Advisory Council. content and form of applications, the manner in (iii) facilitate collaboration and cooperation
(f) MEETINGS.— which applications must be submitted, and any among various stakeholders (including members
(1) IN GENERAL.—The Advisory Council shall applicable deadlines. of the environmental justice community); and
meet not less frequently than 3 times each cal- (2) FIRST GRANT.—Not later than 180 days (iv) support the ability of the environmental
endar year. after the issuance of guidance under paragraph justice community to proactively plan and im-
(2) OPEN TO PUBLIC.—Each meeting of the Ad- (1), the Administrator shall award the first plement just sustainable community develop-
visory Council shall be held open to the public. grant under this section. ment and revitalization initiatives, including
(3) DUTIES OF DESIGNATED FEDERAL OFFI- (c) ELIGIBLE ENTITY.—To be eligible for a countering displacement and gentrification;
CER.—The designated Federal officer described grant under this section, an applicant shall be (B) a proposed budget for each activity of the
in subsection (e) (or a designee) shall— a group of individuals who reside in a commu- project that is the subject of the application;
(A) be present at each meeting of the Advisory nity that—
(1) is a population of color, a community of (C) a list of proposed outcomes with respect to
Council;
(B) ensure that each meeting is conducted in color, a Tribal and Indigenous community, or a the proposed project;
accordance with an agenda approved in ad- low-income community; and (D) a description of the ways by which the eli-
vance by the designated Federal officer; (2) is in close proximity to a facility described gible entity may leverage the funds of the eligi-
(C) provide an opportunity for interested per- in subsection (a) for which a decision relating to ble entity, or the funds made available through
sons— a permit or permit renewal for such facility is a grant under this subsection, to develop a
(i) to file comments before or after each meet- required. project that is capable of being sustained be-
ing of the Advisory Council; or (d) USE OF FUNDS.—An eligible entity receiv- yond the period of the grant; and
(ii) to make statements at such a meeting, to ing a grant under this section shall use the (E) a description of the ways by which the eli-
the extent that time permits; grant to participate in decisions impacting the gible entity is linked to, and representative of,
(D) ensure that a representative of the Work- health and safety of the community involved the environmental justice community at which
ing Group and a high-level representative from that are related to the permitting or permit re- the eligible entity will conduct the project.
each regional office of the Environmental Pro- newal of a solid waste disposal facility or haz-
(4) USE OF FUNDS.—An eligible entity may
tection Agency are invited to, and encouraged ardous waste facility, including— only use a grant under this subsection to carry
to attend, each meeting of the Advisory Council; (1) interpreting information with regard to—
(A) cumulative impacts studies; out culturally and linguistically appropriate
and projects and activities that are driven by the
(E) provide technical assistance to States seek- (B) health impacts studies;
(C) relevant agency decisions; and needs, opportunities, and priorities of the envi-
ing to establish State-level environmental justice ronmental justice community at which the eligi-
advisory councils or implement other environ- (D) operation and maintenance of necessary
monitors; and ble entity proposes to conduct the project or ac-
mental justice policies or programs. tivity to address environmental justice concerns
(2) performing environmental monitoring.
(g) RESPONSES FROM ADMINISTRATOR.— and improve the health or environment of the
(e) LIMITATIONS ON AMOUNT; RENEWAL.—
(1) PUBLIC COMMENT INQUIRIES.—The Admin- (1) AMOUNT.— environmental justice community, including ac-
istrator shall provide a written response to each (A) IN GENERAL.—The amount of a grant tivities—
inquiry submitted to the Administrator by a under this section (excluding any renewals of
member of the public before or after each meet- (A) to create or develop collaborative partner-
the grant) may not exceed $50,000 for any grant ships;
ing of the Advisory Council by not later than recipient.
120 days after the date of submission. (B) EXCEPTION.—The Administrator may (B) to educate and provide outreach services
(2) RECOMMENDATIONS FROM ADVISORY COUN- waive the limitation in subparagraph (A) with to the environmental justice community;
CIL.—The Administrator shall provide a written respect to an applicant in any case where the (C) to identify and implement projects to ad-
response to each recommendation submitted to Administrator determines that such waiver is dress environmental or public health concerns;
the Administrator by the Advisory Council by necessary for the community involved to obtain or
not later than 120 days after the date of submis- the necessary technical assistance. (D) to develop a comprehensive understanding
sion. (2) RENEWAL.—Grants may be renewed for of environmental or public health issues.
(h) TRAVEL EXPENSES.—A member of the Advi- each step in the process for the permitting or
sory Council may be allowed travel expenses, in- (5) REPORT.—
permit renewal of a solid waste disposal facility
cluding per diem in lieu of subsistence, at such (A) IN GENERAL.—Not later than 1 year after
or hazardous waste facility.
rate as the Administrator determines to be ap- the date of enactment of this Act, and annually
SEC. 112. ENVIRONMENTAL JUSTICE COMMUNITY,
propriate while away from the home or regular STATE, AND TRIBAL GRANT PRO-
thereafter, the Administrator shall submit to the
place of business of the member in the perform- GRAMS. Committees on Energy and Commerce and Nat-
ance of the duties of the Advisory Council. (a) ENVIRONMENTAL JUSTICE COMMUNITY ural Resources of the House of Representatives
(i) DURATION.—The Advisory Council shall re- GRANT PROGRAM.— and the Committees on Environment and Public
main in existence unless otherwise provided by (1) ESTABLISHMENT.—The Administrator shall Works and Energy and Natural Resources of the
law. establish a program under which the Adminis- Senate a report describing the ways by which
SEC. 110. ENVIRONMENTAL JUSTICE GRANT PRO- trator shall provide grants to eligible entities to the grant program under this subsection has
GRAMS. assist the eligible entities in— helped community-based nonprofit organiza-
(a) IN GENERAL.—The Administrator shall (A) building capacity to address issues relat- tions address issues relating to environmental
continue to carry out the Environmental Justice ing to environmental justice; and justice.
Small Grants Program and the Environmental (B) carrying out any activity described in (B) PUBLIC AVAILABILITY.—The Administrator
Justice Collaborative Problem-Solving Coopera- paragraph (4). shall make each report required under subpara-
tive Agreement Program, as those programs are (2) ELIGIBILITY.—To be eligible to receive a graph (A) available to the public (including by
in existence on the date of enactment of this grant under paragraph (1), an eligible entity posting a copy of the report on the website of
Act. shall be a nonprofit, community-based organiza- the Environmental Protection Agency).
(b) CARE GRANTS.—The Administrator shall tion that conducts activities, including pro- (6) AUTHORIZATION OF APPROPRIATIONS.—
continue to carry out the Community Action for viding medical and preventive health services, to There is authorized to be appropriated to carry
a Renewed Environment grant programs I and reduce the disproportionate health impacts of out this subsection $25,000,000 for each of fiscal
II, as in existence on January 1, 2012. environmental pollution in the environmental years 2023 through 2027.
(c) AUTHORIZATION OF APPROPRIATIONS.— justice community at which the eligible entity
(b) STATE GRANT PROGRAM.—
There is authorized to be appropriated to carry proposes to conduct an activity that is the sub-
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out the programs described in subsections (a) ject of the application described in paragraph (1) ESTABLISHMENT.—The Administrator shall
and (b) $50,000,000 for each of fiscal years 2023 (3). establish a program under which the Adminis-
through 2032. (3) APPLICATION.—To be eligible to receive a trator shall provide grants to States to enable
SEC. 111. ENVIRONMENTAL JUSTICE COMMUNITY grant under paragraph (1), an eligible entity the States—
SOLID WASTE DISPOSAL TECHNICAL shall submit to the Administrator an application (A) to establish culturally and linguistically
ASSISTANCE GRANTS. at such time, in such manner, and containing appropriate protocols, activities, and mecha-
(a) IN GENERAL.—The Administrator may such information as the Administrator may re- nisms for addressing issues relating to environ-
award grants to eligible entities to enable such quire, including— mental justice; and
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7485
(B) to carry out culturally and linguistically (ii) assurances that the funds provided under this subsection available to the public, in-
appropriate activities to reduce or eliminate dis- through a grant under paragraph (1) will be cluding by posting on the website of the Envi-
proportionately adverse human health or envi- used only to supplement the amount of funds ronmental Protection Agency a copy of the
ronmental effects on environmental justice com- that the Tribal Government allocates for initia- grant awards and an annual report at the be-
munities in the State, including reducing eco- tives relating to environmental justice. ginning of each fiscal year describing the re-
nomic vulnerabilities that result in the environ- (B) ABILITY TO CONTINUE PROGRAM.—To be el- search findings associated with each grant pro-
mental justice communities being disproportion- igible to receive a grant under paragraph (1), a vided under this subsection.
ately affected. Tribal Government shall demonstrate to the Ad- (5) AUTHORIZATION OF APPROPRIATIONS.—
(2) ELIGIBILITY.— ministrator that the Tribal Government has the There is authorized to be appropriated to carry
(A) APPLICATION.—To be eligible to receive a ability to continue each program that is the sub- out this subsection $10,000,000 for each of fiscal
grant under paragraph (1), a State shall submit ject of funds provided through a grant under years 2023 through 2027.
to the Administrator an application at such paragraph (1) after receipt of the funds. SEC. 113. PROTECTIONS FOR ENVIRONMENTAL
time, in such manner, and containing such in- (3) REPORT.— JUSTICE COMMUNITIES AGAINST
formation as the Administrator may require, in- (A) IN GENERAL.—Not later than 1 year after HARMFUL FEDERAL ACTIONS.
cluding— the date of enactment of this Act, and annually (a) PURPOSE.—The purpose of this section is
(i) a plan that contains a description of the thereafter, the Administrator shall submit to the to establish additional protections relating to
means by which the funds provided through a Committees on Energy and Commerce and Nat- Federal actions affecting environmental justice
grant under paragraph (1) will be used to ad- ural Resources of the House of Representatives communities in recognition of the dispropor-
dress issues relating to environmental justice at and the Committees on Environment and Public tionate burden of adverse human health or envi-
the State level; and Works and Energy and Natural Resources of the ronmental effects faced by such communities.
(ii) assurances that the funds provided Senate a report describing— (b) DEFINITIONS.—In this section:
through a grant under paragraph (1) will be (i) the implementation of the grant program (1) ENVIRONMENTAL IMPACT STATEMENT.—The
used only to supplement the amount of funds established under paragraph (1); term ‘‘environmental impact statement’’ means
that the State allocates for initiatives relating to (ii) the impact of the grant program on im- the detailed statement of environmental impacts
environmental justice. proving the ability of each participating Indian of a proposed action required to be prepared
(B) ABILITY TO CONTINUE PROGRAM.—To be el- Tribe to address environmental justice issues; pursuant to the National Environmental Policy
igible to receive a grant under paragraph (1), a and Act of 1969 (42 U.S.C. 4321 et seq.).
State shall demonstrate to the Administrator (iii) the activities carried out by each Tribal (2) FEDERAL ACTION.—The term ‘‘Federal ac-
that the State has the ability to continue each Government to reduce or eliminate dispropor- tion’’ means a proposed action that requires the
program that is the subject of funds provided tionately adverse human health or environ- preparation of an environmental impact state-
through a grant under paragraph (1) after re- mental effects on applicable environmental jus- ment, environmental assessment, categorical ex-
ceipt of the funds. tice communities in Tribal and Indigenous com- clusion, or other document under the National
(3) REPORT.— munities. Environmental Policy Act of 1969 (42 U.S.C. 4321
(A) IN GENERAL.—Not later than 1 year after (B) PUBLIC AVAILABILITY.—The Administrator et seq.).
the date of enactment of this Act, and annually shall make each report required under subpara- (c) PREPARATION OF A COMMUNITY IMPACT
thereafter, the Administrator shall submit to the graph (A) available to the public (including by REPORT.—A Federal agency proposing to take a
Committees on Energy and Commerce and Nat- posting a copy of the report on the website of Federal action that has the potential to cause
ural Resources of the House of Representatives the Environmental Protection Agency). negative environmental or public health impacts
and the Committees on Environment and Public (4) AUTHORIZATION OF APPROPRIATIONS.— on an environmental justice community shall
Works and Energy and Natural Resources of the There is authorized to be appropriated to carry prepare a community impact report assessing
Senate a report describing— out this subsection $25,000,000 for each of fiscal the potential impacts of the proposed action.
(i) the implementation of the grant program years 2023 through 2027. (d) CONTENTS.—A community impact report
established under paragraph (1); (d) COMMUNITY-BASED PARTICIPATORY RE- described in subsection (c) shall—
(ii) the impact of the grant program on im- SEARCH GRANT PROGRAM.— (1) assess the degree to which a proposed Fed-
proving the ability of each participating State to (1) ESTABLISHMENT.—The Administrator, in eral action affecting an environmental justice
address environmental justice issues; and consultation with the Director, shall establish a community will cause multiple or cumulative ex-
(iii) the activities carried out by each State to program under which the Administrator shall posure to human health and environmental haz-
reduce or eliminate disproportionately adverse provide not more than 25 multiyear grants to eli- ards that influence, exacerbate, or contribute to
human health or environmental effects on envi- gible entities to carry out community-based adverse health outcomes;
ronmental justice communities in the State. participatory research— (2) assess relevant public health data and in-
(B) PUBLIC AVAILABILITY.—The Administrator (A) to address issues relating to environmental dustry data concerning the potential for mul-
shall make each report required under subpara- justice; tiple or cumulative exposure to human health or
(B) to improve the environment of residents environmental hazards in the area of the envi-
graph (A) available to the public (including by
and workers in environmental justice commu- ronmental justice community and historical pat-
posting a copy of the report on the website of
nities; and terns of exposure to environmental hazards and
the Environmental Protection Agency).
(C) to improve the health outcomes of resi-
(4) AUTHORIZATION OF APPROPRIATIONS.— Federal agencies shall assess these multiple, or
dents and workers in environmental justice com-
There is authorized to be appropriated to carry cumulative effects, even if certain effects are not
munities.
out this subsection $15,000,000 for each of fiscal within the control or subject to the discretion of
(2) ELIGIBILITY.—To be eligible to receive a
years 2023 through 2027. multiyear grant under paragraph (1), an eligible the Federal agency proposing the Federal ac-
(c) TRIBAL GRANT PROGRAM.— tion;
entity shall be a partnership composed of—
(1) ESTABLISHMENT.—The Administrator shall (3) assess the impact of such proposed Federal
(A) an accredited institution of higher edu-
establish a program under which the Adminis- action on such environmental justice commu-
cation; and
trator shall provide grants to Tribal Govern- (B) a community-based organization. nity’s ability to access public parks, outdoor
ments to enable the Indian Tribes— (3) APPLICATION.—To be eligible to receive a spaces, and public recreation opportunities;
(A) to establish culturally and linguistically multiyear grant under paragraph (1), an eligible (4) evaluate alternatives to or mitigation
appropriate protocols, activities, and mecha- entity shall submit to the Administrator an ap- measures for the proposed Federal action that
nisms for addressing issues relating to environ- plication at such time, in such manner, and will—
mental justice; and containing such information as the Adminis- (A) eliminate or reduce any identified expo-
(B) to carry out culturally and linguistically trator may require, including— sure to human health and environmental haz-
appropriate activities to reduce or eliminate dis- (A) a detailed description of the partnership ards described in paragraph (1) to a level that is
proportionately adverse human health or envi- of the eligible entity that, as determined by the reasonably expected to avoid human health im-
ronmental effects on environmental justice com- Administrator, demonstrates the participation of pacts in environmental justice communities; and
munities in Tribal and Indigenous communities, members of the community at which the eligible (B) not negatively impact an environmental
including reducing economic vulnerabilities that entity proposes to conduct the research; and justice community’s ability to access public
result in the Tribal and Indigenous communities (B) a description of— parks, outdoor spaces, and public recreation op-
being disproportionately affected. (i) the project proposed by the eligible entity; portunities; and
(2) ELIGIBILITY.— and (5) analyze any alternative developed by mem-
(A) APPLICATION.—To be eligible to receive a (ii) the ways by which the project will— bers of an affected environmental justice com-
grant under paragraph (1), a Tribal Government (I) address issues relating to environmental munity that meets the purpose and need of the
shall submit to the Administrator an application justice; proposed action.
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at such time, in such manner, and containing (II) assist in the improvement of health out- (e) DELEGATION.—Federal agencies shall not
such information as the Administrator may re- comes of residents and workers in environmental delegate responsibility for the preparation of a
quire, including— justice communities; and community impact report described in subsection
(i) a plan that contains a description of the (III) assist in the improvement of the environ- (c) to any other entity.
means by which the funds provided through a ment of residents and workers in environmental (f) NATIONAL ENVIRONMENTAL POLICY ACT RE-
grant under paragraph (1) will be used to ad- justice communities. QUIREMENTS FOR ENVIRONMENTAL JUSTICE COM-
dress issues relating to environmental justice in (4) PUBLIC AVAILABILITY.—The Administrator MUNITIES.—When carrying out the requirements
Tribal and Indigenous communities; and shall make the results of the grants provided of the National Environmental Policy Act of
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H7486 CONGRESSIONAL RECORD — HOUSE July 29, 2022
1969 (42 U.S.C. 4321 et seq.) for a proposed Fed- rying out the requirements of the National Envi- actually has the effect of subjecting persons to
eral action that may affect an environmental ronmental Policy Act of 1969 (42 U.S.C. 4321 et discrimination on the basis of their race, color,
justice community, a Federal agency shall— seq.) for a proposed Federal action that may af- or national origin.
(1) consider all potential direct, indirect, and fect an Indian Tribe, a Federal agency shall— ‘‘(C) No person in the United States shall be
cumulative impacts caused by the action, alter- (1) seek Tribal representation in the process in subjected to discrimination, including retalia-
natives to such action, and mitigation measures a manner that is consistent with the govern- tion or intimidation, because such person op-
on the environmental justice community re- ment-to-government relationship between the posed any program, policy, practice, or activity
quired by that Act; United States and Tribal Governments, the Fed- prohibited by this title, or because such person
(2) require any public comment period carried eral Government’s trust responsibility to feder- made a charge, testified, assisted, or partici-
out during the scoping phase of the environ- ally Recognized Indian Tribes, and any treaty pated in any manner in an investigation, pro-
mental review process to be not less than 90 rights; ceeding, or hearing under this title.’’.
days; (2) ensure that an Indian Tribe is invited to SEC. 115. RIGHT OF ACTION.
(3) provide early and meaningful community hold the status of a cooperating agency (a) IN GENERAL.—Section 602 of the Civil
involvement opportunities by— throughout the process under that Act for any Rights Act of 1964 (42 U.S.C. 2000d-1) is amend-
(A) holding multiple hearings in such commu- proposed action that could impact an Indian ed—
nity regarding the proposed Federal action in Tribe, including actions that could impact off (1) by inserting ‘‘(a)’’ before ‘‘Each Federal
each prominent language within the environ- reservation lands and sacred sites; and department and agency which is empowered’’;
mental justice community; and (3) invite an Indian Tribe to hold the status of and
(B) providing notice of any step or action in a cooperating agency in accordance with para- (2) by adding at the end the following:
the process that Act involves public participa- graph (2) not later than the date on which the ‘‘(b) Any person aggrieved by the failure to
tion to any representative entities or organiza- scoping process for a proposed action requiring comply with this title, including any regulation
tions present in the environmental justice com- the preparation of an environmental impact promulgated pursuant to this title, may file suit
munity including— statement commences. in any district court of the United States having
(i) local religious organizations; (j) AGENCY DETERMINATIONS.—Federal agency jurisdiction of the parties, without respect to the
(ii) civic associations and organizations; determinations about the analysis of a commu- amount in controversy and without regard to
(iii) business associations of people of color; nity impact report described in subsection (c) the citizenship of the parties.’’.
(iv) environmental and environmental justice shall be subject to judicial review to the same (b) EFFECTIVE DATE.—
organizations, including community- based extent as any other analysis performed under (1) IN GENERAL.—This section, including the
grassroots organizations led by people of color; the National Environmental Policy Act of 1969 amendments made by this section, takes effect
(v) homeowners‘‘, tenants’’, and neighborhood (42 U.S.C. 4321 et seq.). on the date of enactment of this Act.
watch groups; (k) EFFECTIVE DATE.—This section shall take (2) APPLICATION.—This section, including the
(vi) local governments and Tribal Govern- effect 1 year after the date of enactment of this amendments made by this section, applies to all
ments; Act. actions or proceedings pending on or after the
(vii) rural cooperatives; (l) SAVINGS CLAUSE.—Nothing in this section date of enactment of this Act.
(viii) business and trade organizations; diminishes— SEC. 116. RIGHTS OF RECOVERY.
(ix) community and social service organiza- (1) any right granted through the National
tions; Environmental Policy Act of 1969 (42 U.S.C. 4321 Title VI of the Civil Rights Act of 1964 (42
(x) universities, colleges, and vocational et seq.) to the public; or U.S.C. 2000d et seq.) is amended by inserting
schools; (2) the requirements under that Act to con- after section 602 the following:
(xi) labor and other worker organizations; sider direct, indirect, and cumulative impacts. ‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED
(xii) civil rights organizations; PERSONS.
SEC. 114. PROHIBITED DISCRIMINATION.
(xiii) senior citizens’ groups; and Section 601 of the Civil Rights Act of 1964 (42 ‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL
(xiv) public health agencies and clinics; and U.S.C. 2000d) is amended— DISCRIMINATION.—In an action brought by an
(4) provide translations of publicly available (1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; aggrieved person under this title against an en-
documents made available pursuant to that Act and tity subject to this title (referred to in this sec-
in any language spoken by more than 5 percent (2) by adding at the end the following: tion as a ‘covered entity’) who has engaged in
of the population residing within the environ- ‘‘(b)(1)(A) Discrimination (including exclusion unlawful intentional discrimination (not a prac-
mental justice community. from participation and denial of benefits) based tice that is unlawful because of its disparate im-
(g) COMMUNICATION METHODS AND REQUIRE- on disparate impact is established under this pact) prohibited under this title (including its
MENTS.—Any notice provided under subsection title if— implementing regulations), the aggrieved person
(f)(3)(B) shall be provided— ‘‘(i) an entity subject to this title (referred to may recover equitable and legal relief (including
(1) through communication methods that are in this title as a ‘covered entity’) has a program, compensatory and punitive damages), attorney’s
accessible in the environmental justice commu- policy, practice, or activity that causes a dis- fees (including expert fees), and costs of the ac-
nity, which may include electronic media, news- parate impact on the basis of race, color, or na- tion, except that punitive damages are not
papers, radio, direct mailings, canvassing, and tional origin and the covered entity fails to dem- available against a government, government
other outreach methods particularly targeted at onstrate that the challenged program, policy, agency, or political subdivision.
communities of color, low-income communities, practice, or activity is related to and necessary ‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT
and Tribal and Indigenous communities; and to achieve the nondiscriminatory goal of the STANDARD OF PROOF.—In an action brought by
(2) at least 30 days before any hearing in such program, policy, practice, or activity alleged to an aggrieved person under this title against a
community or the start of any public comment have been operated in a discriminatory manner; covered entity who has engaged in unlawful
period. or discrimination based on disparate impact pro-
(h) REQUIREMENTS FOR ACTIONS REQUIRING AN ‘‘(ii) a less discriminatory alternative pro- hibited under this title (including implementing
ENVIRONMENTAL IMPACT STATEMENT.—For any gram, policy, practice, or activity exists, and the regulations), the aggrieved person may recover
proposed Federal action affecting an environ- covered entity refuses to adopt such alternative attorney’s fees (including expert fees), and costs
mental justice community requiring the prepara- program, policy, practice, or activity. of the action.
tion of an environmental impact statement, the ‘‘(B) With respect to demonstrating that a ‘‘(c) DEFINITIONS.—In this section:
Federal agency shall provide the following in- particular program, policy, practice, or activity ‘‘(1) AGGRIEVED PERSON.—The term ‘aggrieved
formation when giving notice of the proposed does not cause a disparate impact, the covered person’ means a person aggrieved by discrimina-
action: entity shall demonstrate that each particular tion on the basis of race, color, or national ori-
(1) A description of the proposed action. challenged program, policy, practice, or activity gin.
(2) An outline of the anticipated schedule for does not cause a disparate impact, except that if ‘‘(2) the term ‘disparate impact’ means an ac-
completing the process under the National Envi- the covered entity demonstrates to the courts tion or practice that, even if appearing neutral,
ronmental Policy Act of 1969 (42 U.S.C. 4321 et that the elements of the covered entity’s deci- actually has the effect of subjecting persons to
seq.), with a description of key milestones. sion-making process are not capable of separa- discrimination on the basis of their race, color,
(3) An initial list of alternatives and potential tion for analysis, the decision-making process or national origin.’’.
impacts. may be analyzed as 1 program, policy, practice, SEC. 117. PUBLIC HEALTH RISKS ASSOCIATED
(4) An initial list of other existing or proposed or activity. WITH CUMULATIVE ENVIRON-
sources of multiple or cumulative exposure to ‘‘(2) A demonstration that a program, policy, MENTAL STRESSORS.
environmental hazards that contribute to higher practice, or activity is necessary to achieve the (a) PROPOSED PROTOCOL.—Not later than 180
rates of serious illnesses within the environ- goals of a program, policy, practice, or activity days after the date of enactment of this section,
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mental justice community. may not be used as a defense against a claim of the Administrator, in consultation with the Ad-
(5) An agency point of contact. intentional discrimination under this title. visory Council, shall publish a proposal for a
(6) Timely notice of locations where comments ‘‘(3) In this subsection— protocol for assessing and addressing the cumu-
will be received or public meetings held. ‘‘(A) the term ‘demonstrates’ means to meet lative public health risks associated with mul-
(7) Any telephone number or locations where the burdens of going forward with the evidence tiple environmental stressors. The Administrator
further information can be obtained. and of persuasion; and shall allow 90 days for public comment on such
(i) NATIONAL ENVIRONMENTAL POLICY ACT RE- ‘‘(B) the term ‘disparate impact’ means an ac- proposal. The environmental stressors addressed
QUIREMENTS FOR INDIAN TRIBES.—When car- tion or practice that, even if appearing neutral, under such proposal shall include—
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7487
(1) impacts associated with global climate (1) to create or develop collaborative partner- such further amendment may be of-
change, including extreme heat, extremes in ships; fered only in the order printed in the
temperature change, drought, wildfires, sea (2) to educate and provide outreach services to report, by a Member designated in the
level rise, flooding, storms, water shortage, food the environmental justice community on climate
justice;
report, shall be considered read, shall
shortage, ecosystem disruption, and the spread
of infectious disease; (3) to identify and implement projects to ad- be debatable for the time specified in
(2) exposure to pollutants, emissions, dis- dress climate justice concerns, including commu- the report equally divided and con-
charges, waste, chemicals, or other materials nity solar and wind energy projects, energy effi- trolled by the proponent and an oppo-
subject to regulation under the Clean Air Act, ciency, home and building electrification, home nent, shall not be subject to amend-
the Federal Water Pollution Control Act, the and building weatherization, energy storage, ment, and shall not be subject to a de-
Safe Drinking Water Act, the Toxic Substances solar and wind energy supported microgrids, mand for division of the question.
Control Act, the Solid Waste Disposal Act, the battery electric vehicles, electric vehicle charg-
AMENDMENT NO. 1 OFFERED BY MR. WESTERMAN
Comprehensive Environmental Response, Com- ing infrastructure, natural infrastructure, ad-
pensation, and Liability Act of 1980, the Emer- dressing the risks and hazards of wildfires and The Acting CHAIR. It is now in order
gency Planning and Community Right-to-Know droughts, and climate resilient infrastructure. to consider amendment No. 1 printed in
Act of 1986, and other laws administered by the (e) LIMITATIONS ON AMOUNT.—The amount of part C of House Report 117–432.
Administrator; and a grant under this section may not exceed Mr. WESTERMAN. Madam Chair, as
(3) other environmental stressors determined $2,000,000 for any grant recipient. the designee of the gentleman from
by the Administrator to impact public health. (f) REPORT.— California (Mr. MCCARTHY), I offer
(b) FINAL PROTOCOL.—Not later than 1 year (1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, and annually
amendment No. 1.
after the enactment of this section, the Adminis- The Acting CHAIR. The Clerk will
trator shall publish the final protocol for assess- thereafter, the Administrator shall submit to the
ing and addressing the cumulative public health Committees on Energy and Commerce and Nat- designate the amendment.
risks associated with multiple environmental ural Resources of the House of Representatives The text of the amendment is as fol-
stressors. and the Committees on Environment and Public lows:
(c) IMPLEMENTATION.—Not later than 3 years Works and Energy and Natural Resources of the Page 135, line 9, strike ‘‘$400,000,000’’ and
after the enactment of this section, the Adminis- Senate a report describing the ways by which insert ‘‘$150,000,000’’.
trator shall implement the protocol described the grant program under this subsection has Page 364, after line 5, insert the following:
under subsection (b). helped eligible entities address issues relating to SEC. 115.RURAL COMMUNITIES DRINKING
SEC. 118. CLIMATE JUSTICE GRANT PROGRAM. energy and climate justice. WATER RESILIENCY.
(2) PUBLIC AVAILABILITY.—The Administrator (a) NEW WELL CONSTRUCTION GRANTS.—
(a) ESTABLISHMENT.—The Administrator shall
shall make each report required under para- Subtitle A of the Consolidated Farm and
establish a program under which the Adminis-
graph (1) available to the public (including by Rural Development Act (7 U.S.C. 1922–1936c)
trator shall provide grants to eligible entities to
posting a copy of the report on the website of is amended by inserting after section 306E
assist the eligible entities in—
the Environmental Protection Agency). the following:
(1) building capacity to address issues relating
(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 306F. NEW WELL CONSTRUCTION GRANTS.
to climate justice; and
There is authorized to be appropriated to carry ‘‘(a) IN GENERAL.—The Secretary shall pro-
(2) carrying out any activity described in sub-
out this subsection $1,000,000,000 for each of fis- vide grants in accordance with this section
section (d).
cal years 2023 through 2027, of which, not more to local governments and public or private
(b) ELIGIBILITY.—To be eligible to receive a
than 4 percent for each fiscal year is authorized nonprofit entities for projects designed to
grant under subsection (a), an eligible entity
to be appropriated for administrative expenses, supply drinking water to rural communities
shall be a tribal government, local government,
including outreach and technical assistance to in which a significant number of dwellings
or nonprofit, community-based organization.
eligible entities. with private drinking water wells have wells
(c) APPLICATION.—To be eligible to receive a
SEC. 119. ENVIRONMENTAL JUSTICE FOR COMMU- that are not producing water.
grant under subsection (a), an eligible entity
NITIES OVERBURDENED BY ENVI- ‘‘(b) USE OF FUNDS.—Grants made under
shall submit to the Administrator an application RONMENTAL VIOLATIONS.
at such time, in such manner, and containing this section may be used—
(a) IDENTIFICATION OF COMMUNITIES.—Not ‘‘(1) for waterline extensions from existing
such information as the Administrator may re-
later than 180 days after the date of enactment systems, laying of new waterlines, repairs or
quire, including—
of this section, the Administrator shall, in con- maintenance to an existing system, digging
(1) an outline describing the means by which
sultation with the Advisory Council and co-reg- of new wells or development of other sources
the project proposed by the eligible entity will—
ulators in State and local agencies, identify at of water designed to replace sources of drink-
(A) with respect to climate justice issues at the
least 100 communities— ing water with high levels of nitrates, equip-
local level, increase the understanding of the (1) that are environmental justice commu-
environmental justice community at which the ment replacement, and hook-up fees; and
nities; and ‘‘(2) in the case of a project designed to
eligible entity will conduct the project; (2) in which there have been over the previous
(B) improve the ability of the environmental benefit a rural community outside the juris-
5 years a number of violations of environmental diction of the grantee, to maintain existing
justice community to address each issue de- law that the Administrator determines to be
scribed in subparagraph (A); water supplies of the grantee that will be re-
greater than the national average of such viola- duced as a result of the project.
(C) facilitate collaboration and cooperation tions.
among various stakeholders (including members ‘‘(c) RURAL COMMUNITY.—In this section,
(b) ANALYSIS AND RECOMMENDATIONS.—Not the term ‘rural community’ does not in-
of the environmental justice community); and later than 1 year after the enactment of this sec-
(D) support the ability of the environmental clude—
tion, with respect to each community identified ‘‘(1) any area in any city or town with a
justice community to proactively plan and im- under subsection (a), and in consultation with
plement climate justice initiatives; population in excess of 10,000 inhabitants ac-
the Advisory Council, the Administrator shall— cording to the most recent decennial census
(2) a proposed budget for each activity of the (1) undertake an analysis of the conditions
project that is the subject of the application; of the United States; and
which have led to the number of violations iden- ‘‘(2) any area with a median household in-
(3) a list of proposed outcomes with respect to tified under subsection (a)(1), including through
the proposed project; come in excess of the State nonmetropolitan
community-based science implemented through median household income.
(4) a description of the ways by which the eli- engagement with the residents of each such
gible entity may leverage the funds of the eligi- ‘‘(d) FULL FUNDING.—Grants under this sec-
community; tion shall be made in an amount equal to 100
ble entity, or the funds made available through (2) identify the root cause of the number of
a grant under this subsection, to develop a percent of the costs of the projects con-
violations described under subsection (a)(1); and ducted under this section.
project that is capable of being sustained be- (3) recommend measures that the Adminis-
yond the period of the grant; and ‘‘(e) APPLICATION.—Subsection (h) of sec-
trator shall take, in coordination with co-regu- tion 306A shall apply with respect to the ad-
(5) a description of the ways by which the eli- lators in State and local agencies, to reduce the
gible entity is linked to, and representative of, ministration of applications for grants under
number of violations of environmental law to a this section.
the environmental justice community at which number that the Administrator determines to be
the eligible entity will conduct the project. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
significantly below the national average. There is authorized to be appropriated to
(d) USE OF FUNDS.—An eligible entity may (c) IMPLEMENTATION.—Not later than 2 years
only use a grant under this subsection to carry carry out this section $50,000,000 for each of
after the date of enactment of this section, the
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out culturally and linguistically appropriate fiscal years 2023 through 2027.’’.
Administrator shall complete the implementation (b) REPEAL.—Effective 5 years after the
projects and activities that are driven by the of the measures identified under subsection date of the enactment of this section, section
needs, opportunities, and priorities of the envi- (b)(3). 306F of the Consolidated Farm and Rural De-
ronmental justice community at which the eligi-
ble entity proposes to conduct the project or ac- The Acting CHAIR. No further velopment Act, as added by the amendment
amendment to the bill, as amended, made by subsection (a), is repealed.
tivity to address climate justice concerns of the
environmental justice community, including ac- shall be in order except those printed The Acting CHAIR. Pursuant to
tivities— in part C of House Report 117–432. Each House Resolution 1254, the gentleman
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H7488 CONGRESSIONAL RECORD — HOUSE July 29, 2022
from Arkansas (Mr. WESTERMAN) and a to stay alive with small bottles of Madam Chair, I urge Members to sup-
Member opposed each will control 5 water, that is the gist of this amend- port this amendment.
minutes. ment. The Acting CHAIR. The requests will
The Chair recognizes the gentleman Extreme drought and outdated water be covered by a subsequent request for
from Arkansas. infrastructure have forced small, rural general leave.
Mr. WESTERMAN. Madam Chair, I communities to truck in water every The gentleman from Colorado is rec-
rise in support of the amendment. day. This amendment authorizes $250 ognized for 5 minutes.
Madam Chair, Leader MCCARTHY’s million in grants to improve water ac- Mr. NEGUSE. Madam Chair, I cer-
amendment presents a commonsense cess for small rural communities suf- tainly appreciate the gentlewoman’s
solution. As he knows all too well from fering from drinking water shortages. support, her attention, and her descrip-
his efforts resolving water issues, com- My amendment is supported by small tion about the need for funding to help
munities in California and elsewhere in communities, local nonprofits, and rural communities recover from nat-
the West are running out of water for those dedicated to helping underserved ural disasters and emergencies. I cer-
families, farms, communities, and communities like Self-Help Enterprises tainly share the desire to ensure that
many other needs thanks to natural and the Tulare County Board of Super- rural communities have access to clean
and manmade drought. visors. and reliable drinking water.
This has a dramatic impact not only Madam Chair, I include in the I am looking forward to the House
to those areas, but it negatively im- RECORD a letter from Self-Help Enter- considering Mr. MCCARTHY’s amend-
pacts food production which affects prises. ment as well as the many Republican
every one of us. In the case of some SELF-HELP ENTERPRISES, bills and bipartisan bills that are in-
California communities, wells that are July 26, 2022. cluded within this Wildfire Response
used to provide drinking water have or Re Conway/McCarthy Amendment to H.R. and Drought Resiliency Act.
will run dry. 5118, Wildfire Response and Drought Re- Madam Chair, I yield back the bal-
siliency Act.
This amendment seeks to provide ance of my time.
some relief to rural communities Hon. KEVIN MCCARTHY, Mr. WESTERMAN. Madam Chair,
through the creation of a new grant Minority Leader of the US House of Representa- this is a commonsense, good amend-
tives, Washington, DC.
program aimed at constructing new Hon. CONNIE CONWAY,
ment that the leader has offered. I urge
wells and waterlines designed to de- Washington, DC. its adoption, and I yield back the bal-
liver drinking water to these commu- DEAR MINORITY LEADER MCCARTHY AND ance of my time.
nities. I thank Leader MCCARTHY for REPRESENTATIVE CONWAY: I am writing on The Acting CHAIR. The question is
introducing this amendment and for behalf of Self-Help Enterprises to extend our on the amendment offered by the gen-
his longstanding leadership on bringing support for your amendment to the Wildfire tleman from Arkansas (Mr.
balance back to western water policies. Response and Drought Resiliency Act (H.R. WESTERMAN).
5118). The McCarthy/Conway amendment will The amendment was agreed to.
Madam Chair, I ask my colleagues to
provide much-needed funding to facilitate
join me in supporting the amendment, drought resiliency and water system consoli- AMENDMENT NO. 2 OFFERED BY MS. SCHRIER
and I reserve the balance of my time. dations. The Acting CHAIR. It is now in order
Mr. NEGUSE. Madam Chair, I ask This amendment ensures access to funding to consider amendment No. 2 printed in
unanimous consent to claim the time to augment water supplies by larger water part C of House Report 117–432.
in opposition, even though I am not systems who extend water service to smaller Ms. SCHRIER. Madam Chair, I have
necessarily opposed. disadvantaged communities. It will also an amendment at the desk.
The Acting CHAIR. Is there objection allow them to cover the costs of service ex-
The Acting CHAIR. The Clerk will
tension. One example of this need is found in
to the request of the gentleman from designate the amendment.
Tulare County, California, where Self-Help
Colorado? Enterprises has been working with the com- The text of the amendment is as fol-
There was no objection. munity of Tooleville (population 500) to con- lows:
Mr. NEGUSE. I would simply say, nect to the City of Exeter’s water system Page 446, line 11, after ‘‘understanding of’’
Madam Chair, in the spirit of biparti- (population 10,400). Exeter, while an incor- insert ‘‘the connections between fire weather
sanship—which I think has been reflec- porated city with a mid-sized population, is and modes of climate variability, impacts on
tive of so many of the bills that are in- still small and lacks the resources or legal hydrology, and’’.
cluded within this important and crit- authority to spend City funds on the water Page 446, line 13, after ‘‘smoke,’’ insert
ical package that has been brought to system consolidation project. Meanwhile, ‘‘air quality,’’.
Tooleville’s small water system is struggling Page 446, line 24, after ‘‘fire weather
the floor today—that I appreciate the with the effects of drought and overpumping alerts,’’ insert ‘‘real-time notification of ig-
arguments that were made with re- of groundwater by surrounding uses, and its nitions,’’.
spect to this particular amendment. I two wells (drilled in the 1970s) fail on a reg- Page 448, line 17, after ‘‘collecting data
imagine that Members are going to ular basis. For that reason, Self-Help Enter- for’’ insert ‘‘high-risk’’.
consider it thoughtfully and make a prises has installed temporary storage tanks Page 448, line 21, strike ‘‘subseasonal to
judgment that is in the best interests and is hauling water to fill these tanks on an decadal’’, insert ‘‘all’’.
of their constituents and their respec- as-needed basis. Page 449, line 7, strike ‘‘and’’.
It’s important that cities and larger com- Page 449, after line 10, insert the following:
tive States on this particular amend- (vi) conditions that influence fire behavior
munities can access this type of funding re-
ment. gardless of their own population size, so that and spread including those conditions that
Madam Chair, I reserve the balance they can work in good conscience to help suppress active fire events; and
of my time. their neighbors without jeopardizing the (vii) fire risk values;
Mr. WESTERMAN. Madam Chair, I well-being of their own residents. Page 450, line 25, by striking ‘‘weather and
appreciate the gentleman’s kind words Therefore, we urge the adoption of the smoke’’ inserting ‘‘weather, smoke, and air
about the amendment. Conway/McCarthv amendment to H.R. 5118 quality’’.
Madam Chair, I yield to the gentle- by the House of Representatives. We thank Page 452, line 10, after ‘‘in consultation
you for your attention to the needs of the with’’ insert ‘‘with relevant Federal agen-
woman from California (Ms. CONWAY). cies, such as’’.
rural communities of the San Joaquin Val-
Ms. CONWAY. Madam Chair, I rise ley. For questions or more information, Page 452, line 13, after ‘‘existing resources’’
today in support of this amendment please don’t hesitate to contact Jessi Snyder insert ‘‘and facilities’’.
that I coauthored. of our staff. Page 453, after line 15, insert the following:
In my home, California’s Central Val- Sincerely, (10) FIRE WEATHER SURVEYS AND ASSESS-
ley, communities are running out of THOMAS J. COLLISHAW, MENTS.—
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clean water, we would consider drink- President/CEO. (A) ANNUAL POST-FIRE WEATHER SEASON
SURVEY AND ASSESSMENT.—Not later than 24
ing water. They are unable to shower, Ms. CONWAY. While there are many
months after the date of the enactment of
unable to cook for their families, and more issues to be addressed in the larg-
this Act, and each year thereafter, the Ad-
unable to stay cool during intense er bill, this will directly help rural ministrator shall conduct a post-fire-weather
heat. Americans in critical need of assist- season survey and assessment. After con-
Madam Chair, the thought of having ance and underserved members of our ducting a post-fire-weather season survey
to bathe your children, cook food, and communities. and assessment, the Administrator shall—
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7489
(i) investigate any data collection gaps (2) USE OF FUNDS.—Of the amounts author- government approach to address
during the assessment; ized for each of the fiscal years in paragraph wildfires.
(ii) identify and implement systems, proc- (1), up to $10,000,000 may be used to support My amendment would further en-
esses, strategies, and procedures needed to the National Oceanic and Atmospheric Ad- hance the contributions of Federal
enhance the efficiency and reliability of data ministration’s contributions to the activities
obtained and to improve program services of the Joint Fire Science Program in section
science agencies as part of the National
and information dissemination; 202(c)(1)(D) of subtitle A of title II of division Wildland Fire Risk Reduction Pro-
(iii) evaluate the accuracy and efficiency A. gram. The amendment would also re-
of physical fire weather forecasting informa- Page 472, lines 5 and 6, strike ‘‘ADMINISTRA- quire an annual post fire-season weath-
tion for each incident; and TION.—There are authorized’’ and insert the er survey and assessment. These activi-
(iv) assess and refine performance meas- following: ‘‘ADMINISTRATION.— ties will help to identify data gaps, en-
ures, as needed. (1) IN GENERAL.—There are authorized hance efficiency and reliability of data,
(B) COORDINATION.—In conducting any sur- Page 472, lines 9 through 13, redesignate
and evaluate the accuracy and effi-
vey or assessment under this section, the Ad- paragraphs (1) through (5) as subparagraphs
ministrator shall coordinate with stake- (A) through (E), respectively, and move the
ciency of our fire weather forecasting.
holders and such entities as the Adminis- margins 2 ems to the right. My amendment will also formalize
trator considers relevant in order to— Page 472 after line 13, insert the following: NOAA’s role in wildfire detection and
(i) improve operations and collaboration; (2) USE OF FUNDS.—Of the amounts author- response. In Chelan County, in my dis-
and ized for each of the fiscal years in paragraph trict, there is a radar gap which makes
(ii) optimize data collection, sharing, inte- (1), up to $10,000,000 may be used to support it much more difficult to predict and
gration, assimilation, and dissemination. National Aeronautics and Space Administra- track extreme weather. This gap also
(C) ANNUAL BRIEFING.—Not less frequently tion research and development contributions impacts our ability to track fires—
than once each year, the Administrator shall to the activities of the Joint Fire Science
something that is particularly critical
provide a briefing to the Committee on Program in section 202(c)(1)(D) of subtitle A
Science, Space, and Technology in the House of title II of division A. to wildfire prone central Washington.
and Committee on Commerce, Science, and Page 472, line 22, strike ‘‘AGENCY.—There The language in my amendment
Transportation in the Senate that provides— are authorized’’ and insert the following: builds off legislation I recently intro-
(i) an overview of the previous fire season; ‘‘AGENCY.— duced with my colleague, Congressman
and (1) IN GENERAL.—There are authorized BERA, H.R. 8449, the Fire Ready Nation
(ii) an outlook for the fire season for the Page 473, lines 1 through 5, redesignate Act, which is the House companion to
coming year. paragraphs (1) through (5) as subparagraphs Senator CANTWELL’s bipartisan bill.
(D) SERVICE IMPROVEMENTS.—The Adminis- (A) through (E), respectively, and move the
This bill would codify and support
trator shall make best efforts to incorporate margins 2 ems to the right.
the results and recommendations of each as- Page 473, after line 5, insert the following: NOAA’s ability to help detect and re-
sessment conducted into the research and de- (2) USE OF FUNDS.—Of the amounts author- spond to wildfires.
velopment plan and operations of the Admin- ized in paragraph (1), up to $10,000,000 for fis- My amendment will strengthen con-
istration. cal years 2024 through 2028 may be used to tributions of our weather science agen-
Page 469, after line 8, insert the following: support the Federal Emergency Management cies like NOAA to improve coordina-
(h) UNITED STATES GEOLOGICAL SURVEY.— Agency’s contributions to the activities of tion and response efforts when it comes
As part of the Program, the Director of the the Joint Fire Science Program in section to fighting fires. This will be particu-
United States Geological Survey shall sup- 202(c)(1)(D) of subtitle A of title II of division larly impactful in areas like my dis-
port— A.
trict which lack robust radar coverage.
(1) research and development activities to Page 473, after line 5, insert the following:
(g) DEPARTMENT OF ENERGY.—There are au- As part of the needed whole-of-gov-
improve the understanding of—
(A) wildland fire risk, behavior, and fuels; thorized to be appropriated to the Secretary ernment response to wildfires, I am
(B) impact of pre-fire conditions, such as of Energy up to $10,000,000 for each of fiscal glad that the underlying bill includes
fuel treatments, invasive species and other years 2024 through 2028 to support the De- language from two of my other bills.
vegetation, on land management and eco- partment’s contributions to the activities of One, from my National Prescribed Fire
nomic landscapes; the Joint Fire Science Program in section Act, would direct the Secretaries of
(C) post-fire risks including debris flows, 202(c)(1)(D) of subtitle A of title II of division Agriculture and the Interior to estab-
erosion, and flooding, and effects on water A.
lish at least one prescribed fire train-
quality, and revegetation; The Acting CHAIR. Pursuant to ing center in a Western State.
(D) impacts of changing fire regimes due to House Resolution 1254, the gentle-
climate change and other ecosystem
Prescribed burns during the offseason
stressors; and
woman from Washington (Ms. SCHRIER) for fire allow for fuel reduction and
(E) fire ecology and behavior; and a Member opposed each will con- prevent catastrophic forest fires. More
(2) development and improvement of tools trol 5 minutes. training means more widespread use of
and technologies to address wildland fire The Chair recognizes the gentle- prescribed fire. A recent report from
science and management challenges by— woman from Washington. the Washington Department of Natural
(A) Maintaining and expanding geospatial Ms. SCHRIER. Madam Chair, I yield Resources identified 3 million acres of
data and support for wildfire incidents, miti- myself such time as I may consume. forest land in need of restoration in my
gation, and planning; Madam Chair, we are seeing increas-
(B) improving understanding and response
home State. Much of that area is rural
to post-fire hazards and risks, including de-
ingly catastrophic wildfires in the central Washington where hot, dry
bris-flow, stream flow and quality, and re- West, including in my home State of weather and wind make wildfire espe-
vegetation; and Washington. Last year, more than cially probable and dangerous.
(C) Maintaining, relevant wildland fire 50,000 acres burned in just one of the The second bill would allow the For-
computational modeling and mapping, capa- counties in the Eighth District that I est Service to collect and keep the in-
bilities to identify critical information for represent. This was a record-breaking terest earned on settlement funds,
land management, decision support, and pol- wildfire season with abnormally dry much like other Federal agencies can,
icy, and enhancing such capabilities, as ap- conditions. But this type of wildfire in order to supplement restoration ef-
propriate and in consultation and collabora-
tion with other relevant Program agencies;
season is expected to become more and forts. This makes common sense and is
and more the norm. a wise and fair use of the interest
(3) improvement of external communica- We need to ensure that we have more earned.
tion of USGS wildland fire science products resources at our disposal to confront Wildfires are becoming more extreme
with Program Agencies and relevant stake- them. The earlier we detect wildfire, and catastrophic every year in western
holders. the more quickly our firefighters can States. They are even beginning to af-
Page 471, lines 21 and 22, strike ‘‘ADMINIS- respond, and my amendment does just fect areas in my State that for a long
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TRATION.—There are authorized’’ and insert that. time were thought to be too green and
the following: ‘‘ADMINISTRATION.—
A lot of our effort in fighting too wet for wildfires to happen, even
(1) IN GENERAL.—There are authorized
Page 471, line 25 through page 472, line 4,
wildfires has correctly been focused on the Olympic National Forest. Sadly, as
redesignate paragraphs (1) through (5) as suppression and prevention. But as our our climate changes, this will become
subparagraphs (A) through (E), respectively, climate continues to change and cata- an increasing threat.
and move the margins 2 ems to the right. strophic wildfires burn hotter and sea- I am thrilled to have an amendment
Page 472, after line 4, insert the following: sons last longer, we need a whole-of- to this legislation to allow for more
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H7490 CONGRESSIONAL RECORD — HOUSE July 29, 2022
science and evidence-based decision- provisions in place to prevent wildfires, The Acting CHAIR. Pursuant to
making. We need every tool in our to remove underbrush, and to thin our House Resolution 1254, the gentle-
toolbox to prevent these fires. forests and make they are more resil- woman from New York (Ms.
Madam Chair, I reserve the balance ient. The thing is that the earlier we VELÁZQUEZ) and a Member opposed
of my time. can detect wildfires with appropriate each will control 5 minutes.
Mr. WESTERMAN. Madam Chair, I weather systems, the earlier our fire- The Chair recognizes the gentle-
rise in opposition. fighters can jump on it and suppress woman from New York.
The Acting CHAIR. The gentleman those fires. Ms. VELÁZQUEZ. Madam Chair, I
from Arkansas is recognized for 5 min- You need both. You need the preven- yield myself such time as I may con-
utes. tion, and you need the ability to re- sume.
Mr. WESTERMAN. Madam Chair, I spond quickly. So make no mistake. There are at least 40 States and two
yield myself such time as I may con- This is a critical amendment. territories with ongoing disaster dec-
sume. I urge my colleagues to vote for the larations for drought. The Small Busi-
Madam Chair, I rise in opposition to amendment and for the underlying bill. ness Administration is currently serv-
Schrier amendment No. 2 which would Madam Chair, I reserve the balance ing the millions of small businesses
fund additional research for post-fire of my time. and residents in those States to pro-
weather assessments. Mr. WESTERMAN. Madam Chair, vide relief against economic loss.
This amendment suffers from the more and more of or forests are going The SBA has also provided almost $1
same shortcomings as the underlying up in flames. More forests are being billion in wildfire disaster relief since
package because it is overly focused on categorized as subject to catastrophic 2016.
wildfire response rather than even wildfire. The amendment I am offering, along
making an attempt at wildfire preven- We are losing this fight. We need a with my colleague, Congressman GAR-
tion. new game plan. We need work on this RET GRAVES of Louisiana, would per-
We know what is causing cata- in a bipartisan manner. There are a lot manently set the unsecured credit
strophic wildfires, and it is not a lack of areas that need to be addressed, but threshold for SBA’s disaster loans at
of government agencies studying this bill, and this amendment doesn’t $25,000. Doing so gives the millions of
wildfires, tracking weather, and pro- address those. borrowers affected by any natural dis-
ducing additional reports. Our forests I urge opposition to the amendment, aster, including wildfires and droughts,
are burning now, and we need to focus and I yield back the balance of my the peace of mind during a stressful
on real solutions; namely, accelerating, time. and traumatic time.
thinning, and prescribed burning. Add- Ms. SCHRIER. Madam Chair, I am In 2015, Congress enacted the RISE
ing more duplicative bureaucracy and thrilled to have worked with so many Act, legislation I championed that
unnecessary research will do nothing of my Republican colleagues on these temporarily raised the collateral
to stop our forests from going up in bills to prevent wildfires. I encourage threshold on SBA disaster loans to
flames year after year. my colleagues to vote ‘‘yes,’’ and I make it easier for victims to obtain
Madam Chair, the forests really don’t yield back the balance of my time. capital to rebuild their homes and busi-
care what we say in this body. They are The Acting CHAIR. The question is nesses. Unfortunately, that provision is
out there doing what Teddy Roosevelt on the amendment offered by the gen- scheduled to expire in November unless
said they do. They are the lungs of the tlewoman from Washington (Ms. it is extended or made permanent.
Earth. They breathe in the carbon di- SCHRIER). My amendment will make the provi-
oxide and they breathe out oxygen. We The question was taken; and the Act- sion permanent, allowing disaster vic-
produce a lot of carbon dioxide in this ing Chair announced that the ayes ap- tims to continue to receive a $25,000
Chamber, but it is not doing anything peared to have it. loan, rather than just $14,000, without
to help our forests. Mr. CLYDE. Madam Chair, I demand requiring them to provide collateral
a recorded vote. within 5 days of closing.
b 1315 A recent report issued by the Govern-
The Acting CHAIR. Pursuant to
Frankly, it is unserious that, out of clause 6 of rule XVIII, further pro- ment Accountability Office found that
the dozens of substantive wildfire ceedings on the amendment offered by disaster loans with collateral per-
amendments that were offered to the the gentlewoman from Washington will formed comparably to those without
Rules Committee, this is the only one be postponed. collateral. Given this finding, it makes
that was made in order. The Rules AMENDMENT NO. 3 OFFERED BY MS. VELÁZQUEZ sense to help victims of disaster to re-
Committee even rejected bipartisan build quickly, particularly when they
The Acting CHAIR. It is now in order
amendments such as the bipartisan have lost everything to hurricane,
to consider amendment No. 3 printed in
Save Our Sequoias Act. We have lost 20 flood, or fire.
part C of House Report 117–432.
percent of the world’s giant sequoias in As we continue to experience strong-
Ms. VELÁZQUEZ. Madam Chair, I
the last 2 years, and perhaps the most er and more frequent disasters, it is
have an amendment at the desk.
famous giant sequoia grove, the imperative that Congress enact poli-
The Acting CHAIR. The Clerk will
Mariposa Grove in Yosemite National cies to help communities get back on
designate the amendment.
Park, was on fire earlier this month. their feet and maximize support when
The text of the amendment is as fol-
What saved that grove? It wasn’t they need it most.
lows:
weather assessments. It was proactive Finally, this amendment is supported
treatments from land managers that Add at the end of division C the following
by the Small Business Administration.
new section:
we need to use as a model across all 76 I thank the gentleman from Louisiana,
giant sequoia groves. TITLE IV—COLLATERAL REQUIREMENTS
for his support of this effort and his
FOR DISASTER LOANS UNDER THE
Unfortunately, the underlying bill SMALL BUSINESS ACT overall support of SBA’s disaster loan
and amendment before us would do program.
SEC. ll. COLLATERAL REQUIREMENTS FOR DIS-
nothing to help protect our giant se- ASTER LOANS UNDER THE SMALL I thank Chairmen GRIJALVA and
quoias or move the needle on the wild- BUSINESS ACT. MCGOVERN for working with me on this
fire crisis at all. (a) AMENDMENT TO THE RISE AFTER DIS- amendment.
Therefore, I urge my colleagues to ASTER ACT OF 2015.—Section 2102 of the RISE I am proud to leave the Small Busi-
oppose this amendment, and I reserve After Disaster Act of 2015 (Public Law 114–88) nesses Committee’s bipartisan work to
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the balance of my time. is amended— make disaster loans more affordable
Ms. SCHRIER. Madam Chair, may I (1) by striking subsections (b) and (c); and and accessible for disaster victims,
(2) by striking ‘‘(a) IN GENERAL.—’’.
inquire how much time remains. (b) EFFECTIVE DATE.—The amendment
while also addressing fraud in the
The Acting CHAIR. The gentlewoman made by subsection (a) shall take effect and SBA’s pandemic relief programs.
has 13⁄4 minute remaining. apply as though enacted as part of the RISE I urge my colleagues to support this
Ms. SCHRIER. Madam Chair, I would After Disaster Act of 2015 (Public Law 114– amendment, and I reserve the balance
like to clarify that we already have 88). of my time
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July 29, 2022 CONGRESSIONAL RECORD — HOUSE H7491
Mr. WESTERMAN. Madam Chair, I ture bill, we don’t need to authorize RECESS
claim time in opposition to this funding for it here because that money The SPEAKER pro tempore. Pursu-
amendment, even though I might not has already gone out the door. ant to clause 12(a) of rule I, the Chair
necessarily oppose it. And if the administration released a declares the House in recess subject to
The Acting CHAIR. Without objec- strategy 6 months ago and started im- the call of the Chair.
tion, the gentleman from Arkansas is plementing it, they don’t need this bill Accordingly (at 1 o’clock and 29 min-
recognized for 5 minutes. to codify it. utes p.m.), the House stood in recess.
There was no objection. Truth be told, the plain reading of
Mr. WESTERMAN. Madam Chair, I the text shows that the current wild- f
yield myself such time as I may con- fire strategy is getting thrown out the b 1356
sume. window, and nothing in this text codi-
Madam Chair, I support this amend- fies it or even mentions the projects AFTER RECESS
ment and appreciate the solution it currently happening. The recess having expired, the House
presents for a pressing problem. Cur- Unfortunately, if this bill passes, a was called to order by the Speaker pro
rently, the Small Business Administra- lot of small business owners will be tempore (Ms. ESCOBAR) at 1 o’clock and
tion only requires collateral for dis- able to make good use of affordable dis- 56 minutes p.m.
aster loans if the loan amount is above aster loans provided by this amend-
$25,000. This authority is set to sunset ment as they recover their businesses f
in November, and the minimum from the impacts of catastrophic wild- REPORT ON RESOLUTION PRO-
amount will revert to $14,000. This fire. The least we can do is help them VIDING FOR CONSIDERATION OF
amendment would permanently lock in with disaster loans after these fires in- H.R. 1808, ASSAULT WEAPONS
the amount at $25,000. evitably occur. BAN OF 2022
I thank the ranking member of the Madam Chair, I support this amend-
Select Committee on the Climate Cri- ment, and I reserve the balance of my Mr. MCGOVERN, from the Com-
sis, GARRET GRAVES, for his leadership time. mittee on Rules, submitted a privi-
on disaster issues. His home State of leged report (Rept. No. 117–448) on the
Ms. VELÁZQUEZ. Madam Chair, I re-
Louisiana has suffered through many resolution (H. Res. 1302) providing for
serve the balance of my time.
disasters, and he has been an unwaver- consideration of the bill (H.R. 1808) to
Mr. WESTERMAN. Madam Chair,
ing champion for his constituents. regulate assault weapons, to ensure
again, I support the amendment. It is
And it is a good thing he is leading that the right to keep and bear arms is
going to be needed as these fires con-
on this issue. Affordable disaster loans not unlimited, and for other purposes,
tinue to rage, and I yield back the bal-
could be in high demand because the which was referred to the House Cal-
ance of my time.
underlying bill does nothing to protect endar and ordered to be printed.
Ms. VELÁZQUEZ. Madam Chair, I
the landscape, people, or property from urge my colleagues to vote ‘‘yes,’’ and f
devastating wildfires. I would like to I yield back the balance of my time.
emphasize, the underlying bill would PROVIDING FOR CONSIDERATION
The Acting CHAIR. The question is
only respond to wildfires, not work to OF H.R. 1808, ASSAULT WEAPONS
on the amendment offered by the gen-
prevent them. BAN OF 2022
tlewoman from New York (Ms.
Throughout this debate, my col- VELÁZQUEZ). Mr. MCGOVERN. Madam Speaker, by
leagues have tried to claim that this is The question was taken; and the Act- direction of the Committee on Rules, I
not the case and that their bill will ac- ing Chair announced that the ayes ap- call up House Resolution 1302 and ask
tually support increased forest man- peared to have it. for its immediate consideration.
agement practices like thinning and The Clerk read the resolution, as fol-
Mr. CLYDE. Madam Chair, I demand
prescribed burning. lows:
a recorded vote.
But look no further than their own H. RES. 1302
The Acting CHAIR. Pursuant to
one-pager, which says derisively: ‘‘We
clause 6 of rule XVIII, further pro- Resolved, That upon adoption of this reso-
can’t simply cut our way out of wild- lution it shall be in order to consider in the
ceedings on the amendment offered by
fire risk.’’ This should tell you every- House the bill (H.R. 1808) to regulate assault
the gentlewoman from New York will
thing you need to know about how they weapons, to ensure that the right to keep
be postponed.
feel about scientific forest manage- and bear arms is not unlimited, and for other
Ms. VELÁZQUEZ. Madam Chair, as
ment. purposes. All points of order against consid-
The truth is that thinning is not only the designee of Chair GRIJALVA, I move eration of the bill are waived. In lieu of the
an essential tool to reduce wildfire that the Committee do now rise. amendment in the nature of a substitute rec-
risk, but there is a scientific consensus The motion was agreed to. ommended by the Committee on the Judici-
that we must increase thinning in our Accordingly, the Committee rose; ary now printed in the bill, an amendment in
and the Speaker pro tempore (Ms. LEE the nature of a substitute consisting of the
forests to turn the tide of this crisis. text of Rules Committee Print 117-60, modi-
The fact that this bill mentions of California) having assumed the
fied by the amendment printed in the report
thinning zero times is no mistake. It is chair, Mrs. WATSON COLEMAN, Acting
of the Committee on Rules accompanying
because Democrats refuse to agree with Chair of the Committee of the Whole this resolution, shall be considered as adopt-
the scientific consensus that both House on the state of the Union, re- ed. The bill, as amended, shall be considered
thinning and prescribed burning are es- ported that that Committee, having as read. All points of order against provi-
sential tools to reduce wildfire risk. had under consideration the bill (H.R. sions in the bill, as amended, are waived. The
Affordable disaster loans provided by 5118) to direct the Secretary of Agri- previous question shall be considered as or-
culture to prioritize the completion of dered on the bill, as amended, and on any
this amendment will also be necessary further amendment thereto, to final passage
because of the wildfires that will occur the Continental Divide National Scenic
without intervening motion except: (1) one
as a result of throwing out the Forest Trail, and for other purposes, had come
hour of debate equally divided and controlled
Service’s current 10-year strategy. to no resolution thereon. by the chair and ranking minority member
My colleagues have claimed that GENERAL LEAVE of the Committee on the Judiciary or their
their bill would simply codify this cur- Ms. VELÁZQUEZ. Madam Speaker, I respective designees; and (2) one motion to
rent 10-year strategy. They have also ask unanimous consent that all Mem- recommit.
said that the infrastructure bill made bers may have 5 legislative days in The SPEAKER pro tempore. The gen-
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historic investments in that strategy which to revise and extend their re- tleman from Massachusetts is recog-
and have funded its initial projects. marks and insert extraneous material nized for 1 hour.
This simply makes no sense. My col- on H.R. 5118. Mr. MCGOVERN. Madam Speaker, for
leagues think the infrastructure bill is The SPEAKER pro tempore. Is there the purpose of debate only, I yield the
so nice that they want to pass it twice, objection to the request of the gentle- customary 30 minutes to the distin-
but that is not how any of this works. woman from New York? guished gentleman from Pennsylvania
If we funded a project in the infrastruc- There was no objection. (Mr. RESCHENTHALER), pending which I
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