129 1 Subtitle A—Authorization of 2 Appropriations 3. SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 4 Funds are hereby authorized to be appropriated for 5 r 2018 for the use of the Armed Forces and other 6 activities and agencies of the Department of Defense for 7 expenses, not otherwise provided for, for operation and 8 maintenance, as specified in the funding table in section 9 4301 10GACMTEVASUIS\CIASCRI8.XML Sa SaEaaRRBeB 10 11 12 13 14 15 16 17 18 19 20 2 22 23 24 25 130 “(A) organized under the authority, direction, and control of an Assistant Secretary of Defense designated by the Secretary; and “(B) assigned such personnel and resources as the Secretary considers appropriate to carry out this section. “(b) FuNctions—(1) The Clearinghouse shall co- ordinate Department of Defense review of applications for energy projects filed with the Secretary of Transportation pursuant to section 44718 of title 49 and received by the Department of Defense from the Secretary of Transpor- tation. In performing such coordination, the Clearinghouse shall provide procedures to ensure affected local military installations are consulted. “(2) The Clearinghouse shall accelerate the develop- ment of planning tools necessary to determine the aceept- ability to the Department of Defense of proposals included in an application for an energy project submitted pursuant to such section. “(3) The Clearinghouse shall perform such other functions as the Secretary of Defense assigns. “(¢) Review ov Prorosep Actions.—(1) Not later than 60 days after receiving from the Seeretary of Trans- portation a proper application for an energy project under section 44718 of title 49 that may have an adverse impact QwHLeMttO7I7110717;969xm (68003518) November 7, 2017 (7:08 p.m.)GACMTEVASUIS\CIASCRI8.XML 131 ry operations and readiness, the Clearinghouse 1 on m 2. shall conduct a preliminary review of such application. The 3 review shall— 4 “(A) assess the likely scope, duration, and level 5 of risk of any adverse impact of such energy project 6 on military operations and readiness; and 7 “(B) identify any feasible and affordable ae- 8 tions that could be taken by the Department, the de- 9 veloper of such energy project, or others to mitigate 10 the adverse impaet and to minimize risks to national u security while allowing the energy project to proceed 12 _with development. 13 “(2) If the Clearinghouse finds under paragraph (1) 14 that an energy project will have an adverse impact on mili- 15 tary operations and readiness, the Clearinghouse shall 16 issue to the applicant a notice of presumed risk that de- 17 scribes the concerns identified by the Department in the 18 preliminary review and requests a discussion of possible 19 mitigation actions. 20 (3) At the same time that the Clearinghouse issues 21 to the applicant a notice of presumed risk under para- 22 graph (2), the Clearinghouse shalll provide the same notice 23. to the governor of the State in which the project is located 24 and request that the governor provide the Clearinghouse 25 any comments the governor believes of relevance to the @ivHLeMtto7I7t10717;969xm (68003518) November 7, 2017 (7:08 p.m)GACMTELASUISCUASCRISXML 132 1 application. The Secretary of Defense shall consider the comments of the governor in the Secretary’s evaluation of whether the project presents an unacceptable risk to the national security of the United States and shall include the comments with the finding provided to the Secretary of Transportation pursuant to section 44718(f) of title 49. “(4) The Clearinghouse shall develop, in coordit with other departments and agencies of the Federal Gov- S228 Ff BB ernment, an integrated review process to ensure timely no- 10 tification and consideration of energy projects filed with 11 the Secretary of Transportation pursuant to section 44718 12 of title 49 that may have an adverse impact on military 13 operations and readiness. 14 (5) The Clearinghouse shall establish procedures for 15 the Department of Defense for the coordinated consider- 16 ation of and response to a request for a review received 17 from another Federal agency, a State government, an In- 18. dian tribal government, a local government, a landowner, 19. or the developer of an energy project, including guidance 20 to personnel at each military installation in the United 21 States on how to initiate such procedures and ensure a 22 coordinated Department response. 23 (6) The Clearinghouse shall develop procedures for 24 conducting early outreach to parties carrying out energy 25. projects that could have an adverse impact on military op- @ivHLeMtto7I7t10717;969xm (68003518) November 7, 2017 (7:08 p.m)GACMTEVASUIS\CIASCRI8.XML Sa 288 Ff BB 10 11 12 13 14 15 16, 17 18 19 20 21 22 23 24 25 133 erations and readiness and to clearly communicate to such parties actions being taken by the Department of Defense under this section, The procedures shall provide for filing by such parties of a project area and preliminary project layout at least one year before expected construction of any project proposed within a military training route or within line-of-sight of any air route surveillance radar or airport surveillance radar operated or used by the Depart ment of Defense in order to provide adequate time for analysis and negotiation of mitigation options. Material marked as proprietary or competition sensitive by a party filing for this preliminary review shall be protected from public release by the Department of Defense, “(@) Comprenensive Revisw.—(1) The Secretary of Defense shall develop a comprehensive strategy for ad- dressing the impacts upon the military of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49. “(2) In developing the strategy required by para- graph (1), the Seeretary shall— “(A) assess the magnitude of interference posed by projects filed with the Secretary of Transpor- tation pursuant to section 44718 of title 49; “(B) solely for the purpose of informing pre- liminary reviews under subsection (c)(1) and early @ivHLeMtto7I7t10717;969xm (68003518) November 7, 2017 (7:08 p.m)GACMTEVASUIS\CIASCRI8.XML 134, outreach efforts under subsection (c)(5), ide 2 tint geographic areas selected as proposed locations 3 for projects filed, or for projects that are reasonably 4 expected to be filed in the near future, with the See- 5 retary of Transportation pursuant to section 44718 6 of title 49 where the Secretary of Defense can dem- 7 onstrate such projects could have an adverse impact 8 on military operations and readiness, including mili- 9 tary training routes, and categorize the risk of ad- 10 —_verse impact in such areas; u “(© develop procedures for the initial identi- 12 fication of such geographic areas identified under 13 subparagraph (B), to include a process to provide 14 notice and seek public comment prior to making a 15 final designation of the geographic areas, including 16 maps of the area and the basis for identification; 7 “(D) develop procedures to periodically review 18 and modify, consistent with the notice and public 19 comment process under subparagraph (C), geo- 20 _graphie areas identified under subparagraph (B) and ai to solicit and identify additional geographic areas as 22 appropriate; 23 “(B) at the conclusion of the notice and publie 24 comment period conducted under subparagraph (C), 25 make a final finding on the designation of a geo- gWHLC\1 1071711 10717.969.xmi (68003513) November 7, 2017 (7:08 p.m)GACMTEVASUIS\CIASCRI8.XML 135 1 graphic area of concern or delegate the authority to 2 make such finding to a Deputy Secretary of De- 3 __fense, an Under Secretary of Defense, or a Principal 4 Deputy Under Seeretary of Defense; and 5 “(B) specifically identify feasible and affordable 6 long-term actions that may be taken to mitigate ad- 7 verse impacts of projects filed, or which may be filed 8 in the future, with the Secretary of Transportation 9 pursuant to section 44718 of title 49, on military 10 operations and readiness, including — u “() investment priorities of the Depart- 2 ment of Defense with respect to research and 13, development; 14 “Gi) modifications to military operations to 15 accommodate applications for such projects; 16 “(iii) recommended upgrades or modifica- 7 tions to existing systems or procedures by the 18 Department of Defense; 19 “(iv) acquisition of new systems by the De- 20 partment and other departments and agencies ai of the Federal Government and timelines for 22 fielding such new systems; and 23 “(¥) modifications to the projects for which a such applications are filed with the Secretary of 25 ‘Transportation pursuant to section 44718 of awiwettorintiors7 seem es0035%) November 7, 2017 (7:01 pm.)GACMTEVASUIS\CIASCRI8.XML SSaR RHR eH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 136 title 49, including changes , location, or technology. “(3) The Clearinghouse shall make access to data re- flecting geographic areas identified under subparagraph (B) of paragraph (2) and reviewed and modified under subparagraph (C) of such paragraph available online. “(@) DEPARTMENT OF DEFENSE FINDING OF UNAC- CePTABLE Risk.—(1) The Secretary of Defense may not object to an energy project filed with the Secretary of Transportation pursuant to section 44718 of title 49, ex- cept in a case in which the Secretary of Defense deter- mines, after giving full consideration to mitigation actions identified pursuant to this section, that such project, in isolation or cumulatively with other projects, would result in an unacceptable risk to the national security of the United States. The Seeretary of Defense's finding of unac- ceptable risk to national security shall be transmitted to the Seeretary of Transportation for inclusion in the report required under section 44718(b)(2) of title 49. “(2)(A) Not later than 30 days after making a find- ing of unacceptable risk under paragraph (1), the Sec- retary of Defense shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Rep- @ivHLeMtto7I7t10717;969xm (68003518) November 7, 2017 (7:08 p.m)GACMTEVASUIS\CIASCRI8.XML Sa 288 Ff BB 10 11 12 13 14 15 16 17 18 19 20 2 22 23 24 25 137 resentatives a report on such finding and the basis for such finding. Such report shall include an explanation of the operational impact that led to the finding, a discussion of the mitigation options considered, and an explanation of why the mitigation options were not feasible or did not resolve the conflict. The report may include a classified annex. Unclassified reports shall also be provided to the project proponent. The Secretary of Defense may provide public notice through the Federal Register of the finding. “(B) The Secretary of Defense shall notify the appro- priate State agency of a finding made under paragraph (. «(3) The Secretary of Defense may only delegate the responsibility for making a finding of unacceptable risk under paragraph (1) to the Deputy Secretary of Defense, an under seeretary of defense, or a deputy under secretary of defense. “(4) The Clearinghouse shall develop procedures for making a finding of unacceptable risk, including with re- spect to how to implement cumulative effects analysis. Such procedures shall be subject to publie comment prior to finalization. “(@) Aurnoriry To Accept CONTRIBUTIONS OF Funps.—The Secretary of Defense is authorized to re- quest and accept a vohintary contribution of fands from @ivHLeMtto7I7t10717;969xm (68003518) November 7, 2017 (7:08 p.m)GACMTEVASUIS\CIASCRI8.XML SS 288 fF BB 10 12 13 14 15 16 17 18 19 20 21 22 23 138 an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49. Amounts so accepted shall remain available until expended for the purpose of offsetting the cost of measures under- taken by the Secretary of Defense to mitigate adverse im- pacts of such a project on military operations and readi- ness or to conduct studies of potential measures to mi gate such impacts. “(g) EFFECT OF DEPARTMENT OF DEFENSE Haz- ARD ASSESSMENT.—An action taken pursuant to this sec- tion shall not be considered to be a substitute for any as- sessment or determination required of the Secretary of Transportation under section 44718 of title 49. “(h) DEFINITIONS.—In this section: (1) The term ‘adverse impact on military oper- ations and readiness’ means any adverse impact upon military operations and readiness, including flight operations, research, development, testing, and evaluation, and training, that is demonstrable and is likely to impair or degrade the ability of the armed forces to perform their warfighting missions. (2) The term ‘energy project’ means a project that provides for the generation or transmission of electrical energy. @ivHLeMtto7I7t10717;969xm (68003518) November 7, 2017 (7:08 p.m)GACMTEVASUIS\CIASCRI8.XML SSSaEaGR Be 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 139 “(3) The term ‘landowner’ means a person that owns a fee interest in real property on which a pro- posed energy project is planned to be located. “(4) The term ‘military installation’ has the meaning given that term in section 2801(0)(4) of this title. “(5) The term ‘military readiness’ includes any training or operation that could be related to combat readiness, including testing and evaluation activities. «(6) The term ‘military training route’ means a training route developed as part of the Military Training Route Program, carried out jointly by the Federal Aviation Administration and the Secretary of Defense, for use by the armed forces for the pur- pose of conducting low-altitude, high-speed military training. “(7) The term ‘unacceptable risk to the na- tional security of the United States’ means the con- struction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill, that the Secretary of Defense can demonstrate would— “(A) endanger safety in air commerce di- rectly related to the activities of the Depart- ment of Defense; @ivHLeMtto7I7t10717;969xm (68003518) November 7, 2017 (7:08 p.m)GACMTEVASUISIC\ a & 9 (b) CONFORMING AND CLERICAL AMENDMENTS. — 10 (1) REPEAL OF EXISTING PROVISION.—Seetion u of the Ike Skelton National Defense Authoriza- 12 tion Act for Fiscal Year 2011 (49 U.S.C. 44718 13 note) is repealed, 14 (2) CROSS-REFERENCE IN TITLE 49, UNITED 15 STATES CODE.—Section 44718(f) of title 49, United 16 States Code, is amended hy inserting “and in ac- 7 cordance with section 188a(e) of title 10” after 18 “conducted under subseetion (b)”. 19 (3) REFERENCE TO DEFINTITIONS—Section 20 44718(g) of title 49, United States Code, is amend- 21 ed by striking “211.3 of title 82, Code of Federal 22 Regulations, as in effect on January 6, 2014” both 23 places it appears and inserting “183a(g) of title 10” 24 (4) TABLE OF SECTIONS AMENDMENT.—The 25 table of sections at the beginning of chapter 7 of awviLanso7iniso7t7.ceoam (68003510) November 7, 2017 (7:01 pm)