SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prosthetic and Custom Orthotic
Parity Act of 2009''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) There are more than 1,800,000 people in the United
        States living with limb loss.
            (2) Every year, there are more than 130,000 people in the
        United States who undergo amputation.
            (3) In addition, United States military personnel serving
        in Iraq and Afghanistan and around the world have sustained
        traumatic injuries resulting in amputation.
            (4) The number of amputations in the United States is
        projected to increase in the years ahead due to rising
        incidence of diabetes and other chronic illness.
            (5) Those suffering from limb loss can and want to regain
        their lives as productive members of society.
            (6) Prosthetic devices enable amputees to continue working
        and living productive lives.
            (7) Insurance companies have begun to limit reimbursement
        of prosthetic equipment costs at unrealistic levels or not at
        all and often restrict coverage over a person's lifetime, which
        shifts costs onto the Medicare and Medicaid programs.
            (8) Eleven States have addressed this problem and have
        enacted prosthetic parity legislation.
            (9) Prosthetic parity legislation has been introduced and
        is being actively considered in 30 States.
            (10) The States in which prosthetic parity laws have been
        enacted have found there to be minimal or no increases in
        insurance premiums and have reduced Medicare and Medicaid
        costs.
            (11) Prosthetic parity legislation will not add to the size
        of government or to the costs associated with the Medicare or
        Medicaid programs.
            (12) If coverage for prosthetic devices and components are
        offered by a group health insurance policy, then providing such
        coverage of prosthetic devices on par with other medical and
        surgical benefits will not increase the incidence of
        amputations or the number of individuals for which a prosthetic
        device would be medically necessary and appropriate.
            (13) In States where prosthetic parity legislation has been
        enacted, amputees are able to return to a productive life,
        State funds have been saved, and the health insurance industry
        has continued to prosper.
            (14) Prosthetic services allow people to return more
        quickly to their preexisting work.
            (15) Spina bifida occurs in 7 out of every 10,000 live
        births in the United States.
            (16) For children with spina bifida, access to a custom
        orthotic device impacts both their short and long term
        mobility, their muscle strength, and overall quality of life.
        As they mature, the orthotic device allows them to maintain
        their maximum level of functionality. This has a profound
        impact on their ability to become and remain independent and
        productive members of the community.
            (17) Cerebral palsy is one of the most common congenital
        (existing before birth or at birth) disorders of childhood.
        About 10,000 babies per year in the United States will develop
        cerebral palsy.
            (18) The purpose of a custom orthotic device for people
        with cerebral palsy is to protect, such as stabilizing a
        fracture during healing; to prevent deformity, such as
        stretching braces worn while the person sleeps, to help prevent
        muscle contractures; and to improve function. This can help
        kids with cerebral palsy achieve maximum potential in growth
        and development.
            (19) If coverage for prosthetic and custom orthotic devices
        and related services is offered to individuals by a group
        health insurance policy, then providing such coverage of
        prosthetic and orthotic devices on par with other medical and
        surgical benefits will not increase the incidence of
        amputations or the number of individuals for which a prosthetic
        or custom orthotic device would be medically necessary and
        appropriate.
    (b) Purpose.--The purpose of this Act is to require that each group
health plan that provides both coverage for prosthetic devices and
components and medical and surgical benefits, provide such coverage
under terms and conditions that are no less favorable than the terms
and conditions under which such benefits are provided under such plan.

SEC. 3. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY UNDER ERISA.

    (a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 is amended by
inserting after section 713 (29 U.S.C. 1185b) the following new
section:

``SEC. 715. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY.

    ``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and benefits for prosthetic
devices and components and orthotic devices (as defined under
subsection (d)(1))--
            ``(1) such benefits for prosthetic devices and components
        and custom orthotic devices and related services under the plan
        (or coverage) shall be provided under terms and conditions that
        are no less favorable than the terms and conditions applicable
        to substantially all medical and surgical benefits provided
        under the plan (or coverage);
            ``(2) such benefits for prosthetic devices and components
        and custom orthotic devices and related services under the plan
        (or coverage) may not be subject to separate financial
        requirements (as defined in subsection (d)(2)) that are
        applicable only with respect to such benefits, and any
        financial requirements applicable to such benefits may be no
        more restrictive than the financial requirements applicable to
        substantially all medical and surgical benefits provided under
        the plan (or coverage); and
            ``(3) any treatment limitations (as defined in subsection
        (d)(3)) applicable to such benefits for prosthetic devices and
        components and custom orthotic devices and related services
        under the plan (or coverage) may not be more restrictive than
        the treatment limitations applicable to substantially all
        medical and surgical benefits provided under the plan (or
        coverage).
    ``(b) In-Network and Out-of-Network Standards.--
            ``(1) In general.--In the case of a group health plan (or
        health insurance coverage offered in connection with such a
        plan) that provides both medical and surgical benefits and
        benefits for prosthetic devices and components and custom
        orthotic devices and related services, and that provides both
        in-network benefits for prosthetic devices and components and
        out-of-network benefits for prosthetic devices and components,
        the requirements of this section shall apply separately with
        respect to benefits provided under the plan (or coverage) on an
        in-network basis and benefits provided under the plan (or
        coverage) on an out-of-network basis.
            ``(2) Clarification.--Nothing in paragraph (1) shall be
        construed as requiring that a group health plan (or health
        insurance coverage offered in connection with such a plan)
        eliminate an out-of-network provider option from such plan (or
        coverage) pursuant to the terms of the plan (or coverage).
    ``(c) Additional Requirements.--
            ``(1) Prior authorization.--In the case of a group health
        plan (or health insurance coverage offered in connection with
        such a plan) that requires, as a condition of coverage or
        payment for prosthetic devices and custom orthotic devices and
        related services under the plan (or coverage), prior
        authorization, such prior authorization must be required in the
        same manner as prior authorization is required by the plan (or
        coverage) as a condition of coverage or payment for all similar
        benefits provided under the plan (or coverage).
            ``(2) Limitation on mandated benefits.--Required benefits
        for prosthetic devices and custom orthotic devices and related
        services under this section are limited to the most appropriate
        model that adequately meets the medical requirements of the
        patient, as determined by the treating physician of the
        patient.
            ``(3) Coverage for repair or replacement.--Benefits for
        prosthetic devices and custom orthotic devices and related
        services required under this section shall include coverage for
        repair or replacement of prosthetic devices and components, if
        the repair or replacement is determined appropriate by the
        treating physician of the patient involved.
            ``(4) Annual or lifetime dollar limitations.--A group
        health plan (or health insurance coverage offered in connection
        with such a plan) may not impose any annual or lifetime dollar
        limitation on benefits for prosthetic devices and custom
        orthotic devices and related services unless such limitation
        applies in the aggregate to all medical and surgical benefits
        provided under the plan (or coverage) and benefits for
        prosthetic devices and components.
    ``(d) Definitions.--For the purposes of this section:
            ``(1) Prosthetic devices and components.--The term
        `prosthetic devices and components' means such devices and
        components which may be used to replace, in whole or in part,
        an arm or leg, as well as the services required to do so, and
        includes external breast prostheses incident to mastectomy
        resulting from breast cancer.
            ``(2) Custom orthotic devices and related services.--The
        term `custom orthotic devices and related services' means the
        following:
                    ``(A) Custom-fabricated orthotics and related
                services, which include custom-fabricated devices that
                are individually made for a specific patient, as well
                as all services and supplies medically necessary for
                the effective use of the orthotic device, including
                formulating its design, fabrication, material and
                component selection, measurements, fittings, and static
                and dynamic alignments, and instructing the patient in
                the use of the device. No other patient would be able
                to use this item. A custom fabricated item is a device
                which is fabricated based on clinically derived and
                rectified castings, tracings, measurements, and/or
                other images (such as x-rays) of the body part. The
                fabrication may involve using calculations, templates
                and components. This process requires the use of basic
                materials including, but not limited to plastic, metal,
                leather or cloth in the form of uncut or unshaped
                sheets, bars, or other basic forms and involves
                substantial work such as vacuum forming, cutting,
                bending, molding, sewing, drilling and finishing prior
                to fitting on the patient. Custom-fabricated devices
                may be furnished only by an appropriately credentialed
                (certified or licensed) practitioner or accredited
                supplier in orthotics and/or prosthetics. These devices
                and services are represented by the existing set of L-
                codes describing this care currently listed in Centers
                for Medicare and Medicaid Services Transmittal 656.
                    ``(B) Custom-fitted high orthotics and related
                services, which include prefabricated devices that are
                manufactured with no specific patient in mind, but that
                are appropriately sized, adapted, modified, and
                configured (with the required tools and equipment) to a
                specific patient in accordance with a prescription, and
                which no other patient would be able to use, as well as
                all services and supplies medically necessary for the
                effective use of the orthotic device, including
                formulating its design, fabrication, material and
                component selection, measurements, fittings, and static
                and dynamic alignments, and instructing the patient in
                the use of the device. Custom-fitted high devices may
                be furnished only by an appropriately credentialed
                (certified or licensed) practitioner or accredited
                supplier in orthotics and/or prosthetics. These devices
                and services are represented by the existing set of L-
                codes describing this care currently listed in Centers
                for Medicare and Medicaid Services Transmittal 656.
            ``(3) Financial requirements.--The term `financial
        requirements' includes deductibles, coinsurance, co-payments,
        other cost sharing, and limitations on the total amount that
        may be paid by a participant or beneficiary with respect to
        benefits under the plan or health insurance coverage and also
        includes the application of annual and lifetime limits.
            ``(4) Treatment limitations.--The term `treatment
        limitations' includes limits on the frequency of treatment,
        number of visits, days of coverage, or other similar limits on
        the scope or duration of treatment.''.
    (b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 713 the
following new item:

``Sec. 715. Prosthetics and custom orthotic device parity.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to group health plans (and health insurance coverage
offered in connection with group health plans) for plan years beginning
on or after the date of the enactment of this Act.

SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.

    (a) Assistance to Plan Participants and Beneficiaries.--The
Secretary of Labor shall provide for assistance to participants and
beneficiaries under such plans with any questions or problems regarding
compliance with the requirements of this section.
    (b) Audits.--The Secretary of Labor shall provide for the conduct
of random audits of group health plans (and health insurance coverage
offered in connection with such plans) to ensure that such plans are in
compliance with section 715 of the Employee Retirement Income Security
Act of 1974, as added by section 3.
    (c) GAO Study.--
            (1) Study.--The Comptroller General of the United States
        shall conduct a study that evaluates the effect of the
        implementation of the amendments made by this Act on the cost
        of health insurance coverage, on access to health insurance
        coverage (including the availability of in-network providers),
        on the quality of health care, on benefits and coverage for
        prosthetic devices and components, on any additional cost or
        savings to group health plans, on State prosthetic devices and
        components benefit mandate laws, on the business community and
        the Federal Government, and on other issues as determined
        appropriate by the Comptroller General.
            (2) Report.--Not later than 2 years after the date of the
        enactment of this Act, the Comptroller General of the United
        States shall prepare and submit to the appropriate committees
        of Congress a report containing the results of the study
        conducted under paragraph (1).
    (d) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor shall promulgate final
regulations to carry out this Act and the amendments made by this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Marriage from the Courts Act
of 2015''.

SEC. 2. LEGISLATIVE FINDINGS.

    The Senate makes the following findings:
            (1) In Baker v. Nelson, 409 U.S. 810 (1972), the Supreme
        Court of the United States upheld a State law defining marriage
        as the union of one man and one woman against a constitutional
        challenge by a same-sex couple seeking to marry. The Court
        rejected the challenge in a one-sentence order that read, ``The
        appeal is dismissed for want of a substantial federal
        question.''.
            (2) The Supreme Court's judgment in Baker is as sound today
        as it was then. Challenging a State marriage law on the basis
        that it does not extend to same-sex couples raises no
        substantial Federal question because nothing in the text or
        history of the 14th Amendment to the Constitution of the United
        States even arguably indicates a general public understanding
        at the time of ratification that the ratifiers had adopted a
        constitutional principle that invalidated State laws defining
        marriage as a male-female union.
            (3) It follows that the power to decide whether to extend
        the legal status and benefits of marriage to same-sex couples
        does not belong to the courts, but rests instead with the
        people through their elected State representatives, unless
        their State constitutions provide otherwise. The Constitution
        of the United States leaves it to the people of each State to
        decide for themselves through their democratic processes how to
        redefine the legal meaning of marriage for purposes of their
        respective State laws.
            (4) Numerous Federal courts, including the United States
        Courts of Appeals for the Fourth, Seventh, Ninth, and Tenth
        Circuits, have nevertheless invalidated State marriage laws
        that do not allow the licensing of same-sex marriages. In so
        doing, these courts have exceeded their authority under the
        Constitution and have usurped the people's exclusive authority
        to decide this issue. Pending before the Supreme Court are 4
        related cases challenging the marriage laws in Kentucky,
        Michigan, Ohio, and Tennessee.
            (5) The purpose of this Act (including the amendment made
        by this Act) is to maintain the authority of the States to
        define marriage and to prevent, consistent with the
        Constitution, any further unlawful action by Federal courts
        until such time as an amendment to the Constitution is enacted
        unequivocally guaranteeing that the States have the power to
        define marriage as limited to the union of one man and one
        woman.
            (6) This Act prevents that unlawful action by eliminating
        the jurisdiction of all courts created by Federal law, as well
        as the appellate jurisdiction of the Supreme Court, to
        adjudicate claims pertaining to the constitutionality of State
        marriage laws. Because section 1 of article III of the
        Constitution gives Congress the power to ``ordain and
        establish'' ``inferior Courts'', the Supreme Court has long
        held that Congress has the power to limit the jurisdiction of
        the lower Federal courts. See Palmore v. United States, 411
        U.S. 389, 400-01 (1973). In addition, section 2 of article III
        of the Constitution gives Congress the power to make
        ``Exceptions'' to the appellate jurisdiction of the Supreme
        Court. The Supreme Court itself has acknowledged that this
        power applies even to cases that are pending before the Court.
        See Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1869).
            (7) Finally, this Act makes clear that a court's judgment
        only applies to the parties before the court and that
        nonparties have no legal obligation to comply with the decision
        until so ordered by a court.

SEC. 3. LIMITATION OF JURISDICTION.

    (a) In General.--Chapter 99 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1632. Limitations on Federal jurisdiction
    ``(a) No court created by Federal law shall have jurisdiction, and
the Supreme Court shall have no appellate jurisdiction, to adjudicate
or enforce any claim pertaining to the validity, under the Constitution
of the United States, of a State law, or State administrative or
judicial decision, that--
            ``(1) defines marriage as limited to the union of one man
        and one woman; or
            ``(2) refuses State recognition of or allows the State to
        refuse recognition of same-sex marriages performed and licensed
        in other States.
    ``(b) To the extent that either a court created by Federal law or
the Supreme Court has entered a final judgment on a claim described in
subsection (a) before the effective date of this section, that judgment
binds only the parties to the case. No person who is not a party to the
case shall have any obligation to comply with the decision in the
case.''.
    (b) Severability.--If any provision of this Act, an amendment made
by this Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this Act, the amendments made by this Act, and the application of such
provision or amendment to any person or circumstance shall not be
affected.
    (c) Effective Date and Application.--
            (1) Effective date.--This Act (including the amendment made
        by this Act) takes effect on the date of enactment of this Act.
            (2) Application.--This Act applies to all claims pending on
        or after that date of enactment.
    (d) Amendments to the Table of Sections.--The table of sections for
chapter 99 of title 28, United States Code, is amended by adding at the
end the following:

``1632. Limitations on Federal jurisdiction.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Providing Retaliation Options
against Those Engaging in Cyberattacks Targeting the United States
Act'' or ``PROTECT US Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Article XXI of the GATT 1994 (as such term is defined
        in section 2(1)(B) of the Uruguay Round Agreements Act (19
        U.S.C. 3501(1)(B))) allows a member of the World Trade
        Organization to take any action which such member considers
        necessary for the protection of such member's essential
        security interests.
            (2) Protecting the United States from malicious cyber-
        enabled activities is essential to the security interests of
        the United States.

SEC. 3. IMPOSITION OF PENALTIES ON STATE-SPONSORS OF CYBERATTACKS.

    (a) In General.--The President is authorized to impose penalties
described in subsection (c) with respect to each country on the list
required by subsection (b).
    (b) List of State-Sponsors of Cyberattacks.--
            (1) In general.--Not later than 60 days after the date of
        the enactment of this Act, the President shall submit to
        Congress a list of countries designated as state-sponsors of
        cyberattacks pursuant to paragraph (2).
            (2) Countries designated.--If the President, in
        consultation with the Secretary of Homeland Security, the
        Secretary of Defense, the Attorney General, and the Chairman of
        the United States International Trade Commission, determines
        that the United States or a United States person has been
        targeted in a malicious cyber-enabled activity originating
        from, or directed by a person located, in whole or in
        substantial part, in a foreign country, and such activity is
        reasonably likely to result in, or have materially contributed
        to, a threat to the national security or foreign policy of the
        United States, or harmed the economic health or financial
        stability of the United States or a United States person, or
        has the purpose or effect of--
                    (A) harming or otherwise significantly compromising
                the provision of services by a computer or network of
                computers that support the United States or a United
                States person in a critical infrastructure sector,
                    (B) significantly compromising the provision of
                services by the United States or a United States person
                in a critical infrastructure sector,
                    (C) causing significant disruption to the
                availability of a computer or network of computers
                owned or operated by the United States or a United
                States person, or
                    (D) causing a significant misappropriation of funds
                or economic resources, trade secrets, personally
                identifiable information, or financial information of
                the United States or a United States person,
        the President shall designate such country as a state-sponsor
        of cyberattacks.
            (3) Updates of list.--The President shall submit to
        Congress an updated list under paragraph (1) as new information
        becomes available.
    (c) Penalties.--
            (1) Trade-related penalty.--The President may impose a
        duty, in addition to any other duty imposed, on any article or
        service imported directly or indirectly into the United States
        that is produced in whole or in part in a country that is
        included on the list of state-sponsors of cyberattacks required
        by subsection (b).
            (2) Other actions.--The President may take any of the
        following actions with respect to a country that is included on
        the list of state-sponsors of cyberattacks required by
        subsection (b):
                    (A) A private demarche.
                    (B) An official public demarche.
                    (C) A public condemnation.
                    (D) A public condemnation within one or more
                multilateral fora.
                    (E) The delay or cancellation of one or more
                scientific exchanges.
                    (F) The delay or cancellation of one or more
                cultural exchanges.
                    (G) The denial of one or more working, official, or
                state visits.
                    (H) The delay or cancellation of one or more
                working, official, or state visits.
                    (I) The withdrawal, limitation, or suspension of
                United States development assistance under chapter 1 of
                part I of the Foreign Assistance Act of 1961.
                    (J) Directing the Export-Import Bank of the United
                States, the Overseas Private Investment Corporation, or
                the Trade and Development Agency to not approve the
                issuance of any (or a specified number of) guarantees,
                insurance, extensions of credit, or participations in
                extensions of credit.
                    (K) The withdrawal, limitation, or suspension of
                United States security assistance under part II of the
                Foreign Assistance Act of 1961.
                    (L) Consistent with section 701 of the
                International Financial Institutions Act, directing the
                United States Executive Directors at international
                financial institutions to oppose and vote against loans
                primarily benefitting the country.
                    (M) Ordering the heads of the appropriate United
                States agencies to not issue any (or a specified number
                of) specific licenses, and to not grant any other
                specific authority (or a specified number of
                authorities), to export any goods or technology to such
                country under--
                            (i) the Export Administration Act of 1979
                        (as continued in effect pursuant the
                        International Emergency Economic Powers Act);
                            (ii) the Arms Export Control Act;
                            (iii) the Atomic Energy Act of 1954; or
                            (iv) any other statute that requires the
                        prior review and approval of the United States
                        Government as a condition for the export or re-
                        export of goods or services.
                    (N) Prohibiting any United States financial
                institution from making loans or providing credits.
                    (O) Prohibiting the United States Government from
                procuring, or entering into any contract for the
                procurement of, any goods or services.
                    (P) Suspension or withdrawal of extension of
                nondiscriminatory treatment to the products of the
                country pursuant to section 404 of the Trade Act of
                1974.
                    (Q) Ordering a trade embargo.
                    (R) Ordering a cyber counterattack.
    (d) Removal From List.--
            (1) In general.--A country may be removed from the list of
        state-sponsors of cyberattacks required by subsection (b) if--
                    (A) the President determines that the country no
                longer meets the requirements for designation as a
                state-sponsor of cyberattacks under subsection (b)(2);
                or
                    (B) Congress enacts a law that provides for such
                removal.
            (2) Moratorium.--
                    (A) In general.--A country that has been removed
                from the list pursuant to paragraph (1)(B) may not be
                added back to the list by the President until at least
                the date that is one year after the date of such
                removal.
                    (B) Rule of construction.--Nothing in this
                paragraph shall be construed as prohibiting Congress
                from adding a country that has been removed from the
                list pursuant to paragraph (1)(B) back to the list by a
                date that is earlier than the date described in
                subparagraph (A).
    (e) Definitions.--In this section:
            (1) Critical infrastructure sector.--The term ``critical
        infrastructure sector'' means any of the designated critical
        infrastructure sectors identified in Presidential Policy
        Directive 21.
            (2) Entity.--The term ``entity'' means a partnership,
        association, trust, joint venture, corporation, group,
        subgroup, government, or other organization.
            (3) List.--The term ``list'' means the list of state-
        sponsors of cyberattacks.
            (4) Misappropriation.--The term ``misappropriation'' means
        any taking or obtaining by improper means, without permission
        or consent, or under false pretenses.
            (5) Person.--The term ``person'' means a natural person or
        an entity.
            (6) United states person.--The term ``United States
        person'' shall be broadly construed to include but not be
        limited to any United States citizen, permanent resident alien,
        entity organized under the laws of the United States or any
        jurisdiction within the United States (including foreign
        branches), any governmental or quasi-governmental entity
        existing in the United States, or any other person in the
        United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Housing Regulatory Relief
Act''.

SEC. 2. AUTHORITY TO WAIVE PUBLIC HOUSING PROGRAM REQUIREMENTS.

    Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended by adding at the end the following new section:

``SEC. 27. WAIVER OF PUBLIC HOUSING PROGRAM REQUIREMENTS.

    ``(a) Authority.--Upon the written request of a public housing
agency or resident management corporation, the Secretary may authorize
the agency or corporation to establish policies for the operation,
maintenance, management, and development (including modernization) of
one or more public housing projects and, in connection with granting
such authority and except as provided in subsection (b), may waive or
modify (with respect to the project or projects)--
            ``(1) the requirements of this Act applicable to public
        housing; and
            ``(2) any requirements applicable to the project or
        projects under other provisions of law that the Secretary
        determines are not consistent with the policies proposed for
        the project or projects.
    ``(b) Limitation.--The Secretary may not waive or modify--
            ``(1) any provision of this Act or any other provision of
        law that limits occupancy of public housing dwelling units to
        low-income families;
            ``(2) under section 18 of this Act that requires
        replacement of dwelling units in the case of demolition or
        disposition of public housing (except that the limitation on
        the use of tenant-based assistance to applications proposing
        demolition or disposition of 200 or more units may be waived);
            ``(3) any provision of the Uniform Relocation Assistance
        and Real Property Acquisition Policies Act of 1970;
            ``(4) any provision of law that relates to equal
        opportunity, nondiscrimination, or the environment; or
            ``(5) any provision of this Act or any other provision of
        law that relates to labor standards.
    ``(c) Request for Waiver.--A request under subsection (a) shall--
            ``(1) specify the provision or provisions of law to be
        waived or modified and the waivers or modifications proposed;
            ``(2) identify the public housing projects for which the
        waivers or modifications are requested;
            ``(3) describe the policies to be effective for the
        projects for which the waivers or modifications are requested;
        and
            ``(4) describe the costs to the public housing agency or
        resident management corporation, and to the Federal Government,
        of the waivers or modifications requested and the change of
        policies proposed.
    ``(d) Minimum Criteria for Approval.--The Secretary may approve a
request under subsection (a) only if the Secretary determines that the
request--
            ``(1) would not, over the term of such authority, result in
        the Federal Government incurring more costs than the Government
        would otherwise incur if the request were not approved;
            ``(2) is consistent with the overall purposes of the public
        housing program;
            ``(3) is consistent with the Fair Housing Act, title VI of
        the Civil Rights Act of 1964, section 504 of the Rehabilitation
        Act of 1973, the Age Discrimination Act of 1975, and the
        National Environmental Policy Act of 1969; and
            ``(4) such other requirements as the Secretary may
        establish to carry out the purposes of this section.
    ``(e) Timing.--Any authority granted to a public housing agency
pursuant to subsection (a), including any waiver or modification
pursuant to this section of any requirement, shall be effective only
for the period established by the Secretary in granting the waiver or
modification, which may not exceed 4 years. Upon such expiration and
pursuant to a written request, the Secretary may renew such authority
for a public housing agency or resident management corporation, subject
to the requirements of this section.
    ``(f) Applicability of State and Local Laws.--The provisions of any
applicable State and local laws shall apply to any public housing
agency, resident management corporation, and public housing project
with respect to which authority is granted under subsection (a).
    ``(g) Reports.--The Secretary shall require each public housing
agency and resident management corporation for which a request under
subsection (a) is approved to submit a report to the Secretary annually
for each year during the term for which the authority granted under
subsection (a) is effective. The report shall describe the activities,
operations, and policies of the agency or corporation during the year
for which the report is submitted.
    ``(h) Definition.--For purposes of this section, the term `resident
management corporation' means a resident management corporation
established in accordance with the requirements of the Secretary under
section 20.''.

SEC. 3. PHA RETENTION OF SAVINGS REALIZED THROUGH EFFICIENT MANAGEMENT.

    Section 6(e) of the United States Housing Act of 1937 (42 U.S.C.
1437d(e)) is amended to read as follows:
    ``(e) Treatment of Savings.--Each contract for contributions shall
provide that whenever in any year the receipts of a public housing
agency in connection with a low-income housing project exceed its
expenditures (including debt service, operation, maintenance,
establishment of reserves, and other costs and charges) and the
Secretary determines that such excess resulted from increased
efficiency in the operation of the agency--
            ``(1) an amount equal to one-half of such excess shall be
        applied, or set aside for application, to purposes which, in
        the determination of the Secretary, will effect a reduction in
        the amount of subsequent annual contributions; and
            ``(2) an amount equal to one-half of such excess shall be
        applied to operating reserve established for the project and
        shall not be considered in subsequent years in calculating the
        operating subsidies provided under section 9 to the public
        housing agency, except to the extent proposed by the agency in
        its operating budget.''.

SEC. 4. AVAILABILITY OF PUBLIC HOUSING MODERNIZATION FUNDS DURING TERM
              OF PLAN.

    Section 14 of the United States Housing Act of 1937 (42 U.S.C.
1437l) is amended--
            (1) in subsection (d)(3)(A), by striking ``within each 12-
        month period covered by such plan'';
            (2) in subsection (e)(1)(D), by striking ``at least a
        schedule'' and inserting ``a listing'';
            (3) in subsection (e)(3)(B), by adding at the end the
        following new sentence: ``This section may not be construed to
        require a public housing agency to amend its comprehensive plan
        under paragraph (1) to be able to (A) use assistance amounts
        for purposes consistent with the plan but not according to the
        schedule of actions to be taken under the plan, or (B) use
        assistance amounts provided to an agency for a fiscal year in
        another fiscal year covered by the plan for purposes consistent
        with the plan, notwithstanding the annual statement of
        activities by the agency under subparagraph (A).'';
            (4) in subsection (f)(1)(A), by striking ``specified for
        such year in'' and inserting ``anticipated to be conducted
        during such year under'';
            (5) in subsection (g), by striking ``to meet the objectives
        for the preceding year'' and inserting ``during the preceding
        year to meet the objectives''; and
            (6) in subsection (o), by striking ``for the purposes'' and
        all that follows through ``appropriate'' and inserting the
        following: ``in any year covered by the plan for the agency
        under subsection (d)(4) or (e)(1)(D), as appropriate, that was
        approved by the Secretary and for any purpose specified under
        or consistent with such plan, notwithstanding the schedule
        included in such plan pursuant to subsection (d)(3)(A) or
        (e)(1)(D), as appropriate''.

SEC. 5. RECAPTURE OF PUBLIC HOUSING MODERNIZATION FUNDS.

    Section 14(g) of the United States Housing Act of 1937 (42 U.S.C.
1437(l)(g)) is amended--
            (1) by inserting ``(1)'' after ``(g)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Secretary may establish a system for recapturing and
redistributing amounts provided to public housing agencies under this
subsection, which shall--
            ``(A) provide for the recapture of such amounts only from
        an agency that, in the determination of the Secretary pursuant
        to a review under subsection (e)(4)(B) or an audit under
        subsection (e)(4)(C), has not made reasonable progress in
        carrying out modernization projects approved by the Secretary
        under the comprehensive plan for the agency under subsection
        (d)(4) or (e);
            ``(B) provide for the redistribution of such recaptured
        amounts for use by other public housing agencies that, in the
        determination of the Secretary, need such amounts to carry out
        the comprehensive plans for such agencies and are capable of
        using such amounts in a timely manner;
            ``(C) provide for redistribution to the agencies referred
        to in subparagraph (B) based on an allocation system that takes
        into consideration the formula established pursuant to
        subsection (k)(2)(A); and
            ``(D) establish an annual schedule for redistribution of
        amounts recaptured.''.

SEC. 6. AUTHORITY FOR PHA'S TO BORROW AGAINST FUTURE PUBLIC HOUSING
              MODERNIZATION FUNDS.

    Section 14 of the United States Housing Act of 1937 (42 U.S.C.
1437l) is amended by adding at the end the following new subsection:
    ``(q) Authority to Borrow Against Future Assistance.--
            ``(1) In general.--A public housing agency may, with the
        approval of the Secretary, enter into an agreement to pay any
        assistance for which the agency may become eligible under this
        section to ensure the repayment of notes or other obligations
        issued by the agency for the purpose of financing development,
        rehabilitation, or modernization of public housing.
            ``(2) Terms.--Notes or other obligations for which
        assistance under this section is pledged shall be in such form
        and denominations, have such maturities not exceeding 30 years,
        and be subject to such other conditions as the Secretary may
        prescribe. The Secretary may not deny a guarantee under this
        subsection on the basis of the proposed repayment period for
        the obligation, unless the period exceeds 30 years or the
        Secretary determines that the period causes the obligation to
        constitute an unacceptable financial risk.
            ``(3) Limitation on amount of outstanding obligations.--
        Assistance under this section may not be pledged for the
        repayment of any obligation if the total outstanding principal
        of all obligations for which such assistance is pledged would
        thereby exceed an amount equal to 5 times the amount of
        assistance provided under this section during the most recently
        completed fiscal year to the agency issuing the obligation.
            ``(4) Repayment.--Notwithstanding any other provision of
        this section, assistance provided to an agency under this
        section may be used in the payment of principal and interest
        due (including such servicing, underwriting, and other costs as
        the Secretary may prescribe) on the notes or other obligations
        issued by the public housing agency pursuant to this
        subsection.''.

SEC. 7. STUDY OF ACQUISITION AND LABOR REQUIREMENTS FOR PUBLIC HOUSING
              AGENCIES.

    (a) Study.--The Secretary of Housing and Urban Development shall
conduct a study to determine the efficiency of the procedures and
requirements applicable to procurement by public housing agencies of
materials, supplies, systems, appliances, labor, and services used in
maintaining, operating, and modernizing public housing projects. Under
the study, the Secretary shall--
            (1) compare the existing procurement system for public
        housing agencies to--
                    (A) a system of procurement under which public
                housing agencies procure materials, supplies, systems,
                appliances, labor, and services for use in maintaining,
                operating, and modernizing public housing projects
                without being subject to any requirements established
                by the Secretary or any other Federal laws or
                regulations regarding procurement; and
                    (B) a system of procurement that operates in the
                manner described under subparagraph (A), except that
                under such system the Secretary would annually review
                the procurement policies and actions of each public
                housing agency for the preceding year and would have
                the authority to establish limitations on procurement
                policies and activities determined by the Secretary to
                have instituted inappropriate procurement policies or
                engaged in inappropriate procurement activities;
            (2) determine the advantages and disadvantages of
        procurement pursuant to the existing procurement system for
        public housing agencies and the systems referred to in
        subparagraphs (A) and (B) of paragraph (1); and
            (3) determine the effect of the requirements under section
        12 of the United States Housing Act of 1937 (relating to labor
        standards) on the affordability of dwelling units in public
        housing.
    (b) Report.--The Secretary of Housing and Urban Development shall
submit a report to the Congress describing the study, the findings of
the study, and any recommendations resulting from the study, not later
than the expiration of the 2-year period beginning on the date of the
enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Infrastructure Modernization
Act of 2013''.

SEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF APPLICATIONS TO CONDUCT
              PUBLIC SAFETY PROJECTS.

    (a) Approval and Disapproval of Permits.--
            (1) Deadline.--The Secretary of the Army shall approve or
        disapprove a covered permit application for a public safety
        project on or before the last day of the 2-year period
        beginning on the date of submission of the application.
            (2) Failure to meet deadline.--If the Secretary does not
        approve or disapprove a covered permit application for a public
        safety project on or before the last day specified in paragraph
        (1)--
                    (A) the application shall be considered under the
                expedited process established under subsection (b);
                unless
                    (B) the Governor of the State in which the project
                is to be located issues a declaration of emergency with
                respect to the project under subsection (c), in which
                case the requirements of subsection (c) shall apply to
                the application.
    (b) Expedited Process.--
            (1) In general.--The Secretary shall establish, by
        regulation, a process to expedite the consideration of a
        covered permit application for a public safety project.
            (2) Specifications for expedited process.--The expedited
        process shall provide for the following:
                    (A) In complying with the requirements of the
                National Environmental Policy Act of 1969 (42 U.S.C.
                4321 et seq.) with respect to the project, the
                Secretary shall--
                            (i) prepare an environmental assessment or
                        an environmental impact statement in accordance
                        with paragraph (3);
                            (ii) weigh the public safety aspects of the
                        project as greater than the environmental
                        costs; and
                            (iii) complete consultation with other
                        agencies, as necessary, not later than 6 months
                        after the last day specified in subsection
                        (a)(1).
                    (B) In issuing a permit under the expedited
                process, the Secretary may not require mitigation costs
                in an amount that exceeds 20 percent of the total cost
                of the project.
                    (C) In issuing a permit under the expedited
                process, the Secretary may implement species relocation
                for the project, as described in subsection (d).
            (3) Environmental assessment or impact statement.--In
        preparing an environmental assessment or an environmental
        impact statement under paragraph (2)(A)--
                    (A) the Secretary shall study, develop, and
                describe the proposed action and the alternative of no
                action; but
                    (B) the Secretary is not required to study,
                develop, or describe any alternative actions to the
                proposed agency action unless the municipality in which
                is the project is to be located submits an alternative
                action.
            (4) Judicial review.--A person may obtain judicial review
        of any determination made for a public safety project under the
        expedited process only in the United States district court for
        the judicial district in which the project is to be located.
    (c) Emergency Declaration.--
            (1) In general.--If the Secretary has not approved or
        disapproved a covered permit application for a public safety
        project on or before the last day specified in subsection
        (a)(1), the Governor of the State in which the project is to be
        located may issue a declaration of emergency with respect to
        the project.
            (2) Alternative arrangements.--If the Governor of a State
        issues a declaration of emergency with respect to a public
        safety project under paragraph (1), the State or municipality
        that submitted a covered permit application for the project may
        request that--
                    (A) the application be considered under the
                expedited process established under subsection (b); or
                    (B) the President, acting through the Council on
                Environmental Quality, establish alternative
                arrangements for conducting the project.
            (3) Deadline.--Pursuant to a request received under
        paragraph (2)(B), the Council on Environmental Quality, on or
        before the last day of the 90-day period beginning on the date
        of the request shall--
                    (A) create an alternative to the proposed public
                safety project; or
                    (B) approve the project.
            (4) Failure to meet deadline.--If, after receiving a
        request under paragraph (2)(B), the Council on Environmental
        Quality does not establish alternate procedures for conducting
        a public safety project or disapprove the project on or before
        the last day specified in paragraph (3)--
                    (A) the covered permit application submitted for
                the project shall be deemed approved; and
                    (B) the requirements of the National Environmental
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to
                the project shall be deemed satisfied.
            (5) Judicial review.--The deemed approval of a covered
        permit application pursuant to paragraph (4)(A) shall not be
        subject to judicial review.
            (6) Relationship to other laws.--Any alternative
        arrangements established for a public safety project under
        paragraph (2)--
                    (A) shall be deemed to satisfy the requirements of
                section 404 of the Federal Water Pollution Control Act
                (33 U.S.C. 1344) and the National Environmental Policy
                Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
                the project; and
                    (B) shall not be subject to judicial review.
    (d) Species Relocations.--In the case of a covered permit
application for a public safety project that authorizes species
relocation pursuant to subsection (b)(2)(C), the Secretary, acting
through the United States Fish and Wildlife Service, any Federal land
management agency, the National Marine Fisheries Service, or a State
conservation agency, shall relocate from the project any the members of
a threatened or endangered species of plant or animal that the relevant
Federal agencies determine would be taken in the course of the project.
    (e) Applicability.--This section shall apply to a covered permit
application for a public safety project submitted after the date of
enactment of this Act.
    (f) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the implementation of this section.
    (g) Definitions.--In this section, the following definitions apply:
            (1) Covered permit application.--The term ``covered permit
        application'' means an application for a permit to discharge
        dredge or fill material submitted by a State or municipality
        under section 404 of the Federal Water Pollution Control Act
        (33 U.S.C. 1344).
            (2) Municipality.--The term ``municipality'' has the
        meaning given that term in section 502 of the Federal Water
        Pollution Control Act (33 U.S.C. 1362).
            (3) Person.--The term ``person'' has the meaning given that
        term in section 502 of the Federal Water Pollution Control Act
        (33 U.S.C. 1362).
            (4) Public safety project.--The term ``public safety
        project'' means a project that has one of the following as its
        primary purpose:
                    (A) The construction of a levee, self-closing flood
                barrier, seawall, or flood gate.
                    (B) Slough and stream construction and dredging for
                flood control.
                    (C) The construction of a retention pond for a
                residential area.
                    (D) The construction of a road or bridge to be used
                for evacuation purposes in the case of a hurricane,
                wildfire, or other extreme weather event.
                    (E) The construction of a storm water conveyance
                facility.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Land Management Participation
Act of 1997''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that the public and the
Congress have both the right and a reasonable opportunity to
participate in decisions that affect the use and management of all
public lands owned or controlled by the Government of the United
States.

SEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN DECLARATION
              OF NATIONAL MONUMENTS.

    The Antiquities Act (16 U.S.C. 431a) is amended by adding the
following new section:
``Sec. 431b. Public and congressional roles in national monument
              declarations
    ``(a) The Secretaries of the Interior and Agriculture shall provide
an opportunity for public involvement and by regulation shall establish
procedures, including public hearings where appropriate, to give
Federal, State, and local governments and the public, adequate notice
and opportunity to comment upon and participate in the formulation of
plans relating to the declaration of national monuments upon the lands
owned or controlled by the Government of the United States pursuant to
the authority of the Antiquities Act (16 U.S.C. 431).
    ``(b) In addition, the Secretary of the Interior and Agriculture
shall, prior to any recommendations for declaration of an area--
            ``(1) ensure compliance with all applicable federal land
        management and environmental statutes, including the National
        Environmental Policy Act (40 U.S.C. 4321-4370d);
            ``(2) cause mineral surveys to be conducted by the
        Geological Survey to determine the mineral values, if any, that
        may be present in such areas;
            ``(3) identify all existing rights held on federal lands
        contained within such areas by type and acreage; and
            ``(4) identify all State lands contained within such areas.
    ``(c) After such reviews and mineral surveys, the Secretary of the
Interior or Agriculture shall report to the President his
recommendations as to what lands owned or controlled by the Government
of the United States warrant declaration as a national monument.
    ``(d) The President shall advise the President of the Senate and
the Speaker of the House of Representatives of his recommendations with
respect to declaration as national monuments of each such area,
together with a map thereof and a definition of its boundaries. Such
advice by the President shall be given within two years of the receipt
of each report from the Secretary. After the effective date of the
Public Land Management Participation Act, a recommendation of the
President for declaration of a national monument shall become effective
only if so provided by an Act of Congress.''.

SEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN WORLD
              HERITAGE SITE LISTING.

    Section 401 of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1) is amended--
            (1) in subsection (a) in the first sentence, by--
                    (A) inserting ``(in this section referred to as the
                Convention)'' after ``1973''; and
                    (B) inserting ``and subject to subsections (b),
                (c), (d), (e), and (f)'' before the period at the end;
            (2) in subsection (b) in the first sentence, by inserting
        ``, subject to subsection (d),'' after ``shall''; and
            (3) adding at the end the following new subsections:
    ``(d) If the area proposed for designation is not wholly contained
within an existing unit of the National Park System, the Secretary of
the Interior and Agriculture:
            ``(1) Shall provide an opportunity for public involvement
        and by regulation shall establish procedures, including public
        hearings where appropriate, to give Federal, State, and local
        governments and the public, adequate notice and opportunity to
        comment upon and participate in the formulation of plans
        relating to the designation of any lands owned by the United
        States for inclusion on the World Heritage List pursuant to the
        Convention.
            ``(2) After such review, the Secretary of the Interior or
        Agriculture shall report to the President his recommendations
        as to what lands owned by the United States warrant inclusion
        on the World Heritage List pursuant to the Convention.
            ``(3) The President shall advise the President of the
        Senate and the Speaker of the House of Representatives of his
        recommendations with respect to the designation of any lands
        owned by the United States for inclusion on the World Heritage
        List pursuant to the Convention. Such advice by the President
        shall be given within two years of the receipt of each report
        from the Secretary. After the effective date of Public Land
        Participation Management Act, a recommendation of the
        Presisident for designation of any lands owned by the United
        States for inclusion on the World Heritage List shall become
        effective only if so provided by an Act of Congress.
    ``(e) The Secretary of the Interior or Agriculture shall object to
the inclusion of any property in the United States on the list of World
Heritage in Danger established under Article 11.4 of the Convention
unless--
            ``(1) the Secretary has submitted to the Speaker of the
        House and the President of the Senate a report describing the
        necessity for including that property on the list; and
            ``(2) the Secretary is specifically authorized to assent to
        the inclusion of the property on the list, by a joint
        resolution of the Congress enacted after the date that report
        is submitted.
    ``(f) The Secretary of the Interior and Agriculture shall submit an
annual report on each World Heritage Site within the United States to
the chairman and ranking minority member of the Committee on Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate, that contains the following information for
each site:
            ``(1) An accounting of all money expended to manage the
        site.
            ``(2) A summary of Federal full-time-equivalent hours
        related to management of the site.
            ``(3) A list and explanation of all nongovernmental
        organizations contributing to the management of the site.
            ``(4) A summary and account of the disposition of
        complaints received by the Secretary related to management of
        the site.''.

SEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN THE
              DESIGNATION OF UNITED NATIONS BIOSPHERE RESERVES.

    Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the
following new section:
    ``Sec. 403. (a) No Federal official may nominate any lands in the
United States for designation as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational, Scientific, and
Cultural Organization.
    ``(b) Any designation of an area in the United States as a
Biosphere Reserve under the Man and Biosphere Program of the United
Nations Educational, Scientific, and Cultural Organization shall not
have, and shall not be given, any force or effect, unless the Biosphere
Reserve is specifically authorized by an Act of Congress.
    ``(c) The Secretary of the Interior and Agriculture shall provide
an opportunity for public involvement and by regulation shall establish
procedures, including public hearings where appropriate, to give
Federal, State, and local governments and the public, adequate notice
and opportunity to comment upon and participate in the formulation of
plans relating to the designation of any lands owned by the United
States as a Biosphere Reserve under the Man and Biosphere Program of
the United Nations Educational, Scientific, and Cultural Organization.
    ``(d) After such review, the Secretary of the Interior or
Agriculture shall report to the President his recommendations as to
what lands owned by the United States warrant inclusion as a Biosphere
Reserve.
    ``(e) The President shall advise the President of the Senate and
the Speaker of the House of Representatives of his recommendations with
respect to the designation of any lands owned by the United States for
inclusion as a Biosphere Reserve. Such advice by the President shall be
given within two years of the receipt of each report from the
Secretary. After the effective date of the Public Land Participation
Management Act, a recommendation of the President for declaration of a
Biosphere Reserve shall become effective only if so provided by an Act
of Congress.
    ``(f) The Secretary of State shall submit an annual report on each
Biosphere Reserve within the United States to the Chairman and Ranking
Minority member of the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, that contains the following information for each reserve:
            ``(1) An accounting of all money expended to manage the
        reserve.
            ``(2) A summary of Federal full time equivalent hours
        related to management of the reserve.
            ``(3) A list and explanation of all nongovernmental
        organizations contributing to the management of the reserve.
            ``(4) A summary and account of the disposition of the
        complaints received by the Secretary related to management of
        the reserve.''


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Library Innovation Space
Act''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Subsection (a) of section 214 of the Museum and Library Services
Act (20 U.S.C. 9123(a)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) to carry out chapter 5, $10,000,000 for each of
        fiscal years 2018 through 2022.''.

SEC. 3. PUBLIC LIBRARY MAKERSPACE GRANTS.

    Subtitle B of title II of the Museum and Library Services Act (20
U.S.C. 9101 et seq.) is amended by adding at the end the following:

          ``CHAPTER 5--PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM

``SEC. 265. PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM.

    ``(a) Program Authorized.--From the amounts provided under section
214(a)(3), the Director shall carry out a program under which the
Director makes grants, on a competitive basis, to eligible partnerships
to establish makerspaces at public libraries.
    ``(b) Applications.--To be considered for a grant under this
section, an eligible partnership shall submit an application to the
Director at such time, in such manner, and containing such information
and assurances as the Director may require.
    ``(c) Selection of Grantees.--In selecting eligible partnerships to
receive grants under this section, the Director shall consider--
            ``(1) the viability of the partnership making the
        application;
            ``(2) the ability of the partnership to meet the matching
        requirement described in subsection (d);
            ``(3) the potential of the project to provide social and
        economic benefits to the local community;
            ``(4) the support of local communities, government, and
        partners for the project;
            ``(5) the project's potential for strengthening the
        involvement of diverse and underserved communities in
        entrepreneurship and economic development; and
            ``(6) the ability of the project to continue after the end
        of the grant period.
    ``(d) Matching Requirement.--
            ``(1) In general.--Except as provided in paragraph (2), an
        eligible partnership shall contribute, for the activities for
        which the grant was awarded under this section, non-Federal
        matching funds in an amount equal to the amount of the grant.
            ``(2) Waiver.--The Director may waive the requirement of
        paragraph (1) for any eligible partnership that the Director
        determines does not have adequate resources to meet such
        requirement.
    ``(e) Reports.--Not less frequently than once annually, the
Director shall submit to Congress a report that includes--
            ``(1) a description of the activities carried out with
        grants under this section; and
            ``(2) an assessment of the effect of the grant program on
        community economic development.
    ``(f) Treatment of Makerspaces.--The use of a makerspace supported
by a grant under this section shall not be treated as a private
business use under section 141(b) of the Internal Revenue Code of 1986.
    ``(g) Prohibition on Construction Activities.--An eligible
partnership that receives a grant under this section may not use grant
funds, or matching funds contributed by the partnership under
subsection (d), for construction activities at a public library that
would provide extra square footage to house a makerspace.
    ``(h) Definitions.--In this section:
            ``(1) Eligible partnership.--The term `eligible
        partnership' means a partnership that includes a public library
        and--
                    ``(A) an economic development corporation;
                    ``(B) a local government;
                    ``(C) a State government;
                    ``(D) an elementary school or secondary school (as
                such terms are defined in section 8101 of the
                Elementary and Secondary Education Act of 1965 (20
                U.S.C. 7801));
                    ``(E) a museum;
                    ``(F) an institution of higher education (as such
                term is defined in section 102 of the Higher Education
                Act of 1965 (20 U.S.C. 1002));
                    ``(G) a nonprofit organization;
                    ``(H) a corporation;
                    ``(I) other entities identified by the Director; or
                    ``(J) a combination of entities described in any of
                subparagraphs (A) through (I).
            ``(2) Makerspace.--The term `makerspace' means a facility
        (which may be a facility at a fixed location or a mobile unit)
        that is open to the public and provides individuals with access
        to--
                    ``(A) tools, technology, and educational resources
                that are designed to enable such individuals to create
                physical goods, including prototypes; and
                    ``(B) educational opportunities, including
                vocational training and assistance with early-stage
                business ventures.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish
Springs Ranch Settlement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement
        entitled ``Fish Springs Ranch Water Rights Settlement
        Agreement'' and dated May 20, 2007 (including any amendments
        and exhibits to that agreement).
            (2) Environmental impact statement.--The term
        ``environmental impact statement'' means the final
        environmental impact statement for the North Valleys Rights-of-
        Way Projects prepared by the Bureau of Land Management (70 Fed.
        Reg. 68473).
            (3) Final payment date.--The term ``final payment date''
        means the date on which Fish Springs pays to the Tribe the
        final installment amount, as provided in the Agreement.
            (4) Fish springs.--The term ``Fish Springs'' means the Fish
        Springs Ranch, LLC, a Nevada limited liability company (or a
        successor in interest).
            (5) Project.--
                    (A) In general.--The term ``Project'' means the
                project for pumping and transfer by Fish Springs of not
                more than 8,000 acre-feet of groundwater per year, as
                described in the environmental impact statement and the
                record of decision.
                    (B) Inclusion.--The term ``Project'' includes the
                pumping and transfer of not more than 5,000 acre-feet
                of groundwater per year (in addition to the acre-feet
                referred to in subparagraph (A)) in accordance with the
                Agreement, including the acquisition by Fish Springs of
                the rights and approval to pump that groundwater in
                accordance with Federal and State law.
                    (C) Exclusions.--The term ``Project'' does not
                include--
                            (i) the project proposed by Intermountain
                        Water Supply, Ltd., and described in the
                        environmental impact statement; or
                            (ii) any other project or activity not
                        otherwise specified in this Act.
            (6) Record of decision.--The term ``record of decision''
        means the public record of the decision of the District Manager
        of the Bureau of Land Management for the State of Nevada issued
        on May 31, 2006, regarding the environmental impact statement
        and the Project.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (8) Tribe.--The term ``Tribe'' means the Pyramid Lake
        Paiute Tribe of Indians organized under section 16 of the Act
        of June 18, 1934 (commonly known as the ``Indian Reorganization
        Act'') (25 U.S.C. 476).

SEC. 3. RATIFICATION OF AGREEMENT.

    (a) In General.--Except as provided in subsection (c), and except
to the extent that a provision of the Agreement conflicts with this
Act, notwithstanding any other provision of Federal or tribal law, the
Agreement is ratified.
    (b) Execution of Agreement.--The Secretary shall execute the
obligations of the Secretary under the Agreement (including any exhibit
to the Agreement requiring the signature of the Secretary) in
accordance with this Act.
    (c) Exceptions.--
            (1) Choice of law.--Notwithstanding any provision of the
        Agreement, the Agreement and this Act shall be governed by
        applicable Federal law and Nevada State law.
            (2) Waiver and retention of claims.--Notwithstanding any
        provision of the Agreement, any waiver or retention of a claim
        by the Tribe or the United States on behalf of the Tribe
        relating to the Agreement shall be carried out in accordance
        with section 4.
    (d) Environmental Compliance.--
            (1) No major federal action.--The execution of the
        Agreement by the Secretary pursuant to this Act shall not be
        considered to be a major Federal action under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Compliance activities.--The Secretary shall carry out
        all required Federal environmental compliance activities in
        executing the Agreement.
    (e) Compliance With Applicable Law.--This section and the Agreement
shall be considered to be in accordance with all applicable
requirements of section 2116 of the Revised Statutes (25 U.S.C. 177).

SEC. 4. WAIVER AND RELEASES OF CLAIMS.

    (a) Release of Claims Against Fish Springs.--In executing the
Agreement pursuant to this Act, the Tribe and the Secretary, acting on
behalf of the Tribe, shall waive and release all claims against Fish
Springs--
            (1) for damage, loss, or injury to water rights or claims
        of interference with or diversion or taking of water rights
        (including claims for injury to land resulting from such a
        damage, loss, injury, interference, diversion, or taking under
        the Agreement) relating to the use of water by Fish Springs
        under the Agreement for the Project; or
            (2) relating in any manner to the negotiation or adoption
        of the Agreement.
    (b) Release of Claims Against United States.--In carrying out the
Agreement, the Tribe shall waive and release any claim of the Tribe
against the United States (including all employees and agents of the
United States) relating in any manner to--
            (1) damage, loss, or injury to water, water rights, land,
        or any other resource due to loss of water or water rights
        (including damage, loss, or injury to hunting, fishing,
        gathering, or cultural rights due to loss of water or water
        rights, claims relating to interference with or diversion or
        taking of water or water rights, and claims relating to a
        failure to protect, acquire, replace, or develop water, water
        rights, or water infrastructure) due to use of water by Fish
        Springs under the Agreement for the Project;
            (2) the record of decision, the environmental impact
        statement, or the Agreement; or
            (3) the negotiation, execution, or adoption of the
        Agreement or this Act, including--
                    (A) the use by the Tribe of funds paid to the Tribe
                under the Agreement; and
                    (B) the acquisition and use by the Tribe of land
                under the Agreement.
    (c) Effectiveness of Waivers and Releases.--
            (1) Claims against fish springs.--The waivers and releases
        under subsection (a) shall take effect on the final payment
        date.
            (2) Claims against united states.--A waiver or release
        under subsection (b) shall take effect on the date on which the
        Tribe executes the waiver or release.
    (d) Retention of Claims by United States and Tribe.--The Tribe and
the Secretary, acting on behalf of the Tribe, shall retain--
            (1) all claims for enforcement of the Agreement or this Act
        through such legal and equitable remedies as are available in
        the appropriate United States court;
            (2) subject to the right of Fish Springs to carry out the
        Project, the right to assert and protect any right of the Tribe
        to surface or groundwater or any other trust resource;
            (3) all rights to claim or acquire a water right in
        accordance with applicable law, and to use and protect any
        water right acquired after the date of enactment of this Act,
        that is not in conflict with the Agreement and this Act;
            (4) all claims relating to activities affecting the quality
        of water, including any claim of the Tribes under--
                    (A) the Comprehensive Environmental Response,
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601
                et seq.) (including claims for damages to natural
                resources);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et
                seq.);
                    (C) the Federal Water Pollution Control Act (33
                U.S.C. 1251 et seq.); or
                    (D) a regulation implementing an Act referred to in
                subparagraphs (A) through (C); and
            (5) all rights, remedies, privileges, immunities, and
        authorities not specifically waived and released pursuant to
        this Act.

SEC. 5. SATISFACTION OF CLAIMS.

    The benefits provided to the Tribe under the Agreement and this Act
shall be considered to be full satisfaction of all claims of the Tribe
and the United States waived and released pursuant to section 4.

SEC. 6. BENEFICIARIES TO AGREEMENT.

    (a) Requirement.--The parties to the Agreement shall be the only
beneficiaries of the Agreement.
    (b) Prohibition.--Nothing in the Agreement or this Act provides to
any individual or entity third-party beneficiary status relating to the
Agreement.

SEC. 7. JURISDICTION.

    A civil action relating to the enforcement of the Agreement shall
be filed in the United States District Court for the District of
Nevada.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.--
Nothing in this Act affects any right or interest recognized or
established in the Truckee-Carson-Pyramid Lake Water Rights Settlement
Act (Public Law 101-618; 104 Stat. 3294).
    (b) No Establishment of Standard.--Nothing in this Act establishes
a standard for the quantification of a Federal reserved water right or
any other claim of an Indian tribe other than the Tribe in any other
judicial or administrative proceeding.
    (c) Other Claims.--Nothing in the Agreement or this Act quantifies
or otherwise adversely affects any water right, claim or entitlement to
water, or any other right of any Indian tribe, band, or community other
than the Tribe.

SEC. 9. NULLIFICATION DATE.

    If the Tribe fails to execute any waiver or release described in
section 4(b) by the date that is 90 days after the date of enactment of
this Act, the Agreement shall be null and void.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Right-of-Way Conveyance
Validation Act''.

SEC. 2. VALIDATION OF CONVEYANCES.

    Except as provided in section 5, the conveyances described in
section 3 (involving certain lands in Nevada County, State of
California) and section 4 (involving certain lands in San Joaquin
County, State of California) concerning lands that form parts of the
right-of-way granted by the United States to the Central Pacific
Railway Company in the Act entitled ``An Act to aid in the Construction
of a Railroad and Telegraph Line from the Missouri River to the Pacific
Ocean, and to secure to the Government the Use of the same for Postal,
Military, and Other Purposes'', approved July 1, 1862 (12 Stat. 489),
hereby are legalized, validated, and confirmed, as far as any interest
of the United States in such lands is concerned, with the same force
and effect as if the land involved in each such conveyance had been
held, on the date of such conveyance, under absolute fee simple title
by the grantor of such land.
SEC. 3. CONVEYANCES OF LANDS IN NEVADA COUNTY, STATE OF CALIFORNIA.
    The conveyances of land in Nevada County, State of California,
referred to in section 2 are as follows:
        (1) The conveyances entered into between the Southern Pacific
    Transportation Company, grantor, and David G. ``Otis'' Kantz and
    Virginia Thomas Bills Kantz, husband and wife, as joint tenants,
    grantees, recorded June 10, 1987, as instrument number 87-15995 in
    the official records of the county of Nevada.
        (2) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Antone Silva and Martha E.
    Silva, his wife, grantees, recorded June 10, 1987, as instrument
    number 87-15996 in the official records of the county of Nevada.
        (3) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Charlie D. Roeschen and Renee
    Roeschen, husband and wife as joint tenants, grantees, recorded
    June 10, 1987, as instrument number 87-15997 in the official
    records of the county of Nevada.
        (4) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Manuel F. Nevarez and
    Margarita Nevarez, his wife, as joint tenants, grantees, recorded
    June 10, 1987, as instrument number 87-15998 in the official
    records of the county of Nevada.
        (5) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Susan P. Summers, grantee,
    recorded June 10, 1987, as instrument number 87-15999 in the
    official records of the county of Nevada.
        (6) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and James L. Porter, a single man,
    as his sole and separate property, grantee, recorded June 10, 1987,
    as instrument number 87-16000 in the official records of the county
    of Nevada.
        (7) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Robert L. Helin, a single man,
    grantee, recorded June 10, 1987, as instrument number 87-16001 in
    the official records of the county of Nevada.
        (8) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Thomas S. Archer and Laura J.
    Archer, husband and wife, as joint tenants, grantees, recorded June
    10, 1987, as instrument number 87-16002 in the official records of
    the county of Nevada.
        (9) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Wallace L. Stevens, a single
    man, grantee, recorded June 10, 1987, as instrument number 87-16003
    in the official records of the county of Nevada.
        (10) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Sierra Pacific Power Company,
    grantees, recorded June 10, 1987, as instrument number 87-16004 in
    the official records of the county of Nevada.
        (11) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Truckee Public Utility
    District, grantees, recorded June 10, 1987, as instrument number
    87-16005 in the official records of the county of Nevada.
        (12) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Dwayne W. Haddock and Bertha
    M. Haddock, his wife as joint tenants, grantees, recorded June 10,
    1987, as instrument number 87-16006 in the official records of the
    county of Nevada.
        (13) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William C. Thorn, grantee,
    recorded June 10, 1987, as instrument number 87-16007 in the
    official records of the county of Nevada.
        (14) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Jose Guadelupe Lopez,
    grantees, recorded June 10, 1987, as instrument number 87-16008 in
    the official records of the county of Nevada.
        (15) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Harold O. Dixon, an unmarried
    man, as to an undivided half interest, and Pedro Lopez, a married
    man, as to an undivided half interest, as joint tenants, grantees,
    recorded June 10, 1987, as instrument number 87-16009 in the
    official records of the county of Nevada.
        (16) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Robert E. Sutton and Patricia
    S. Sutton, husband and wife, as joint tenants, grantees, recorded
    June 10, 1987, as instrument number 87-16010 in the official
    records of the county of Nevada.
        (17) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Angelo C. Besio and Eva G.
    Besio, his wife, grantees, recorded June 10, 1987, as instrument
    number 87-16011 in the official records of the county of Nevada.
        (18) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Lawrence P. Young and Mary K.
    Young, husband and wife, as joint tenants, grantees, recorded June
    10, 1987, as instrument number 87-16012 in the official records of
    the county of Nevada.
        (19) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and the estate of Charles Clyde
    Cozzaglio, grantee, recorded June 10, 1987, as instrument number
    87-16013 in the official records of the county of Nevada.
        (20) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Noel T. Hargreaves, an
    unmarried woman, as her sole and separate property, grantee,
    recorded June 10, 1987, as instrument number 87-16014 in the
    official records of the county of Nevada.
        (21) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Athleisure Enterprises,
    Incorporated, a Nevada corporation, grantees, recorded January 24,
    1989, as instrument number 89-01803 in the official records of the
    county of Nevada.
        (22) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Richard Bwarie, a single man
    as to an undivided one-half interest, and Roger S. Gannam and
    Lucille Gannam, husband and wife, as joint tenants, as to an
    undivided one-half interest, grantees, recorded January 24, 1989,
    as instrument number 89-01804 in the official records of the county
    of Nevada.
        (23) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William Campbell and Juanita
    R. Campbell, his wife as joint tenants, grantees, recorded January
    24, 1989, as instrument number 89-01805 in the official records of
    the county of Nevada.
        (24) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William E. Cannon and Lynn M.
    Cannon, husband and wife, as joint tenants as to an undivided one-
    half interest, and Brent Collinson and Dianne Collinson, husband
    and wife, as joint tenants, as to an undivided one-half interest,
    grantees, recorded January 24, 1989, as instrument number 89-01806
    in the official records of the county of Nevada.
        (25) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Christopher G. Eaton and
    Bernadette M. Eaton, husband and wife as community property,
    grantees, recorded January 24, 1989, as instrument number 89-01807
    in the official records of the county of Nevada.
        (26) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Christopher G. Eaton, grantee,
    recorded January 24, 1989, as instrument number 89-01808 in the
    official records of the county of Nevada.
        (27) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Valeria M. Kelly, an unmarried
    woman, grantee, recorded January 24, 1989, as instrument number 89-
    01809 in the official records of the county of Nevada.
        (28) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William J. Kuttel and Delia
    Rey Kuttel, husband and wife, grantees, recorded January 24, 1989,
    as instrument number 89-01810 in the official records of the county
    of Nevada.
        (29) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Thomas A. Lippert and Laurel
    A. Lippert, husband and wife, grantees, recorded January 24, 1989,
    as instrument number 89-01811 in the official records of the county
    of Nevada.
        (30) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Fred J. Mahler, a single man,
    grantee, recorded January 24, 1989, as instrument number 89-01812
    in the official records of the county of Nevada.
        (31) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Francis Doyle McGwinn also
    known as Doyle F. McGwinn, a widower, grantee, recorded January 24,
    1989, as instrument number 89-01813 in the official records of the
    county of Nevada.
        (32) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and James D. Ritchie and Susan
    Ritchie, husband and wife, as joint tenants, grantees, recorded
    January 24, 1989, as instrument number 89-01814 in the official
    records of the county of Nevada.
        (33) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and William R. Smith and Joan M.
    Smith, his wife, as joint tenants, grantees, recorded January 24,
    1989, as instrument number 89-01815 in the official records of the
    county of Nevada.
        (34) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Anthony J. Stile and Laura A.
    Stile, husband and wife, as joint tenants, grantees, recorded
    January 24, 1989, as instrument number 89-01816 in the official
    records of the county of Nevada.
        (35) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Thomas R. Stokes, a single
    man, and Carla J. Stewart, a single woman, as joint tenants,
    grantees, recorded January 24, 1989, as instrument number 89-01817
    in the official records of the county of Nevada.
        (36) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Tom's Television System,
    Incorporated, a California Corporation, grantees, recorded January
    24, 1989, as instrument number 89-01818 in the official records of
    the county of Nevada.
        (37) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Tom's Television System,
    Incorporated, a California corporation, grantees, recorded January
    24, 1989, as instrument number 89-01819 in the official records of
    the county of Nevada.
        (38) The conveyances entered into between the Southern Pacific
    Transportation Company, grantor, and Harry M. Welch and Betty R.
    Welch, his wife, as joint tenants, grantees, recorded January 24,
    1989, as instrument number 89-01820 in the official records of the
    county of Nevada.
        (39) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Harry Fariel and Joan Fariel,
    husband and wife, as joint tenants, grantees, recorded February 2,
    1989, as instrument number 89-02748 in the official records of the
    county of Nevada.
        (40) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Edward Candler and May
    Candler, husband and wife as community property, as to an undivided
    two-thirds interest; and Harry Fariel and Joan Fariel, husband and
    wife, as joint tenants, as to an undivided one-third interest,
    grantees, recorded February 2, 1989, as instrument number 89-02749
    in the official records of the county of Nevada.
        (41) The conveyance entered into between the Central Pacific
    Railroad, grantor, and E.W. Hopkins and J.O.B. Gann, grantees,
    recorded April 7, 1894, in Book 79 of Deeds at page 679, official
    records of the county of Nevada.
        (42) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and John David Gay and Elizabeth
    Jean Gay, as Trustees of the David and Elizabeth Gay Trust,
    grantees, recorded October 3, 1991, as instrument number 91-30654
    of the official records of the county of Nevada.
SEC. 4. CONVEYANCES OF LAND IN SAN JOAQUIN COUNTY, STATE OF CALIFORNIA.
    The conveyances of land in San Joaquin County, State of California,
referred to in section 2 are as follows:
        (1) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Ronald M. Lauchland and
    Lillian R. Lauchland, grantees, recorded October 1, 1985, as
    instrument number 85066621 in the official records of the county of
    San Joaquin.
        (2) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Bradford A. Lange and Susan J.
    Lange, his wife, as to an undivided one-half, and Randall W. Lange
    and Charlene J. Lange, his wife, as to an undivided one-half
    interest, grantees, recorded October 1, 1985, as instrument number
    85066623 in the official records of the county of San Joaquin.
        (3) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Leo G. Lewis and Vasiliki L.
    Lewis, and Billy G. Lewis and Dimetria Lewis, grantees, recorded
    October 1, 1985, as instrument number 85066625 in the official
    records of the county of San Joaquin.
        (4) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Louis J. Bennett, grantees,
    recorded October 1, 1985, as instrument number 85066627 in the
    official records of the county of San Joaquin.
        (5) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Joe Alves Correia and Leontina
    Correia, his wife, grantees, recorded September 1, 1970, instrument
    number 33915, in book 3428, page 461, of the official records of
    the county of San Joaquin.
        (6) The conveyance entered into between the Southern Pacific
    Transportation Company, grantor, and Willard H. Fike, Jr., and
    Dorla E. Fike, his wife, grantees, recorded January 7, 1988,
    instrument number 88001473 of the official records of the county of
    San Joaquin.
        (7) The conveyance entered into between Central Pacific
    Railway, Grantor, and Nettie M. Murray and Marie M. Hallinan,
    Grantees, dated May 31, 1949, recorded June 14, 1949, in volume
    1179 at page 394 of the official records of the county of San
    Joaquin.
        (8) The conveyance entered into between the Central Pacific
    Railway Company, a corporation, and its Lessee, Southern Pacific
    Company, a corporation, Grantor, and Lodi Winery, Incorporated,
    Grantee, dated August 2, 1938, recorded May 23, 1940, in volume
    692, page 249, of the official records of the county of San
    Joaquin.

SEC. 5. LIMITATIONS ON VALIDATION OF CONVEYANCES.

    (a) Scope.--Nothing in this Act shall be construed to--
        (1) diminish the right-of-way referred to in section 2 to a
    width of less than fifty feet on each side of the center of the
    main track or tracks maintained by the Southern Pacific
    Transportation Company on the date of enactment of this Act; or
        (2) legalize, validate, or confirm, with respect to any land
    that is the subject of a conveyance referred to in section 3 or 4,
    any right or title to, or interest in, such land arising out of
    adverse possession, prescription, or abandonment, and not confirmed
    by such conveyance.
    (b) Minerals.--(1) The United States hereby reserves any federally-
owned minerals that may exist in land that is conveyed pursuant to
section 2 of this Act, including the right of the United States, its
assignees or lessees, to enter upon and utilize as much of the surface
of said land as is necessary to remove minerals under the laws of the
United States.
    (2) Any and all minerals reserved by paragraph (1) are hereby
withdrawn from all forms of entry, appropriation, and patent under the
mining, mineral leasing, and geothermal leasing laws of the United
States.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.