[Congressional Record Volume 158, Number 145 (Wednesday, November 14, 2012)]
[Senate]
[Pages S6806-S6827]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2890. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 3525, to

[[Page S6807]]

protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

           TITLE III--NATIONAL HERITAGE AREA REAUTHORIZATION

     SEC. 301. REAUTHORIZATION OF HUDSON RIVER VALLEY NATIONAL 
                   HERITAGE AREA.

       Section 910 of the Hudson River Valley National Heritage 
     Area Act of 1996 (16 U.S.C. 461 note; Public Law 104-333) is 
     amended by striking ``2012'' and inserting ``2022''.
                                 ______
                                 
  SA 2891. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike section 103 and insert the following:

     SEC. 103. TRANSPORTING BOWS THROUGH NATIONAL PARKS.

       (a) Findings.--Congress finds that--
       (1) bowhunters are known worldwide as among the most 
     skilled, ethical, and conservation-minded of all hunters;
       (2) bowhunting organizations at the Federal, State, and 
     local level contribute significant financial and human 
     resources to wildlife conservation and youth education 
     programs throughout the United States; and
       (3) bowhunting contributes $38,000,000,000 each year to the 
     economy of the United States.
       (b) Possession of Bows in Units of National Park System.--
       (1) In general.--Subject to paragraph (2), the Secretary of 
     the Interior shall issue a permit to individuals carrying 
     bows and crossbows to traverse National Park System land if--
       (A) the traverse is--
       (i) for the sole purpose of hunting on adjacent public or 
     private land during a legally established hunting season; and
       (ii) the most direct means of access to the adjacent land; 
     and
       (B) the individual possesses a valid hunting permit for 
     adjacent public or private land.
       (2) Use.--Nothing in this section authorizes the use of the 
     bows or crossbows that are being carried while on National 
     Park System land.
                                 ______
                                 
  SA 2892. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                  TITLE III--FEDERAL LAND DESIGNATIONS

     SEC. 301. STATE APPROVAL REQUIRED FOR FEDERAL LAND 
                   DESIGNATIONS.

       (a) Definition of Covered Unit.--In this section, the term 
     ``covered unit'' means--
       (1) a unit of the National Forest System, National Park 
     System, National Wildlife Refuge System, National Wild and 
     Scenic Rivers System, National Trails System, National 
     Wilderness Preservation System, or any other system 
     established by Federal law;
       (2) a national monument; or
       (3) any national conservation or national recreation area.
       (b) Prohibition.--A covered unit shall not be established 
     unless the legislature of the State in which the proposed 
     covered unit is located has approved the establishment of the 
     covered unit.
                                 ______
                                 
  SA 2893. Mr. LEE (for himself and Mr. McCain submitted an amendment 
intended to be proposed to amendment SA 2875 proposed by Mr. Reid (for 
Mr. Tester) to the bill S. 3525, to protect and enhance opportunities 
for recreational hunting, fishing, and shooting, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                  TITLE III--FEDERAL LAND DESIGNATIONS

     SEC. 301. SALE OF CERTAIN FEDERAL LAND PREVIOUSLY IDENTIFIED 
                   AS SUITABLE FOR DISPOSAL.

       (a) Definitions.--In this section:
       (1) Identified federal lands.--The term ``identified 
     Federal lands'' means the parcels of Federal land under the 
     administrative jurisdiction of the Secretary that were 
     identified as suitable for disposal in the report submitted 
     to Congress by the Secretary on May 27, 1997, pursuant to 
     section 390(g) of the Federal Agriculture Improvement and 
     Reform Act of 1996 (Public Law 104-127; 110 Stat. 1024), 
     except the following:
       (A) Lands not identified for disposal in the applicable 
     land use plan.
       (B) Lands subject to a Recreation and Public Purpose 
     conveyance application.
       (C) Lands identified for State selection.
       (D) Lands identified for Indian tribe allotments.
       (E) Lands identified for local government use.
       (F) Lands that the Secretary chooses to dispose under the 
     Federal Land Transaction Facilitation Act (43 U.S.C. 2301 et 
     seq.).
       (G) Lands that are segregated for exchange or under 
     agreements for exchange.
       (H) Lands subject to exchange as authorized or directed by 
     Congress.
       (I) Lands that the Secretary determines contain significant 
     impediments for disposal including--
       (i) high disposal costs;
       (ii) the presence of significant natural or cultural 
     resources;
       (iii) land survey problems or title conflicts;
       (iv) habitat for threatened or endangered species; and
       (v) mineral leases and mining claims.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Competitive Sale of Lands.--The Secretary shall offer 
     the identified Federal lands for disposal by competitive sale 
     for not less than fair market value as determined by an 
     independent appraiser.
       (c) Existing Rights.--The sale of identified Federal lands 
     under this section shall be subject to valid existing rights.
       (d) Proceeds of Sale of Lands.--All net proceeds from the 
     sale of identified Federal lands under this section shall be 
     deposited directly into the Treasury for reduction of the 
     public debt.
       (e) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate--
       (1) a list of any identified Federal lands that have not 
     been sold under subsection (b) and the reasons such lands 
     were not sold; and
       (2) an update of the report submitted to Congress by the 
     Secretary on May 27, 1997, pursuant to section 390(g) of the 
     Federal Agriculture Improvement and Reform Act of 1996 
     (Public Law 104-127; 110 Stat. 1024), including a current 
     inventory of the Federal lands under the administrative 
     jurisdiction of the Secretary that are suitable for disposal.
                                 ______
                                 
  SA 2894. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike section 246.
                                 ______
                                 
  SA 2895. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike section 245.
                                 ______
                                 
  SA 2896. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of the bill, add the following:

                  TITLE III--NATIONAL HISTORICAL PARKS

     SEC. 301. HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL 
                   HISTORICAL PARK, MARYLAND.

       (a) Definitions.--In this section:
       (1) Historical park.--The term ``historical park'' means 
     the Harriet Tubman Underground Railroad National Historical 
     Park established by subsection (b)(1)(A).
       (2) Map.--The term ``map'' means the map entitled 
     ``Authorized Acquisition Area for the Proposed Harriet Tubman 
     Underground Railroad National Historical Park'', numbered 
     T20/80,001, and dated July 2010.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of Maryland.
       (b) Harriet Tubman Underground Railroad National Historical 
     Park.--
       (1) Establishment.--
       (A) In general.--Subject to subparagraph (B), there is 
     established the Harriet Tubman Underground Railroad National 
     Historical Park in Caroline, Dorchester, and Talbot Counties, 
     Maryland, as a unit of the National Park System.
       (B) Determination by secretary.--The historical park shall 
     not be established until the date on which the Secretary 
     determines that a sufficient quantity of land, or interests 
     in land, has been acquired to constitute a manageable park 
     unit.
       (C) Notice.--Not later than 30 days after the date on which 
     the Secretary makes a determination under subparagraph (B), 
     the Secretary shall publish in the Federal Register notice of 
     the establishment of the historical park, including an 
     official boundary map for the historical park.
       (D) Availability of map.--The official boundary map 
     published under subparagraph (C) shall be on file and 
     available for public inspection in appropriate offices of the 
     National Park Service.
       (2) Purpose.--The purpose of the historical park is to 
     preserve and interpret for the benefit of present and future 
     generations the

[[Page S6808]]

     historical, cultural, and natural resources associated with 
     the life of Harriet Tubman and the Underground Railroad.
       (3) Land acquisition.--
       (A) In general.--The Secretary may acquire land and 
     interests in land within the areas depicted on the map as 
     ``Authorized Acquisition Areas'' by purchase from willing 
     sellers, donation, or exchange.
       (B) Boundary adjustment.--On acquisition of land or an 
     interest in land under subparagraph (A), the boundary of the 
     historical park shall be adjusted to reflect the acquisition.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the 
     historical park in accordance with this section and the laws 
     generally applicable to units of the National Park System, 
     including--
       (A) the National Park System Organic Act (16 U.S.C. 1 et 
     seq.); and
       (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) Interagency agreement.--Not later than 1 year after the 
     date on which the historical park is established, the 
     Director of the National Park Service and the Director of the 
     United States Fish and Wildlife Service shall enter into an 
     agreement to allow the National Park Service to provide for 
     public interpretation of historic resources located within 
     the boundary of the Blackwater National Wildlife Refuge that 
     are associated with the life of Harriet Tubman, consistent 
     with the management requirements of the Refuge.
       (3) Interpretive tours.--The Secretary may provide 
     interpretive tours to sites and resources located outside the 
     boundary of the historical park in Caroline, Dorchester, and 
     Talbot Counties, Maryland, relating to the life of Harriet 
     Tubman and the Underground Railroad.
       (4) Cooperative agreements.--
       (A) In general.--The Secretary may enter into a cooperative 
     agreement with the State, political subdivisions of the 
     State, colleges and universities, non-profit organizations, 
     and individuals--
       (i) to mark, interpret, and restore nationally significant 
     historic or cultural resources relating to the life of 
     Harriet Tubman or the Underground Railroad within the 
     boundaries of the historical park, if the agreement provides 
     for reasonable public access; or
       (ii) to conduct research relating to the life of Harriet 
     Tubman and the Underground Railroad.
       (B) Visitor center.--The Secretary may enter into a 
     cooperative agreement with the State to design, construct, 
     operate, and maintain a joint visitor center on land owned by 
     the State--
       (i) to provide for National Park Service visitor and 
     interpretive facilities for the historical park; and
       (ii) to provide to the Secretary, at no additional cost, 
     sufficient office space to administer the historical park.
       (C) Cost-sharing requirement.--
       (i) Federal share.--The Federal share of the total cost of 
     any activity carried out under this paragraph shall not 
     exceed 50 percent.
       (ii) Form of non-federal share.--The non-Federal share of 
     the cost of carrying out an activity under this paragraph may 
     be in the form of in-kind contributions or goods or services 
     fairly valued.
       (d) General Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this section, the 
     Secretary shall prepare a general management plan for the 
     historical park in accordance with section 12(b) of the 
     National Park Service General Authorities Act (16 U.S.C. 1a-
     7(b)).
       (2) Consultation.--The general management plan shall be 
     prepared in consultation with the State (including political 
     subdivisions of the State).
       (3) Coordination.--The Secretary shall coordinate the 
     preparation and implementation of the management plan with--
       (A) the Blackwater National Wildlife Refuge;
       (B) the Harriet Tubman National Historical Park established 
     by section 302(b)(1)(A); and
       (C) the National Underground Railroad Network to Freedom.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 302. HARRIET TUBMAN NATIONAL HISTORICAL PARK, AUBURN, 
                   NEW YORK.

       (a) Definitions.--In this section:
       (1) Historical park.--The term ``historical park'' means 
     the Harriet Tubman National Historical Park established by 
     subsection (b)(1)(A).
       (2) Home.--The term ``Home'' means The Harriet Tubman Home, 
     Inc., located in Auburn, New York.
       (3) Map.--The term ``map'' means the map entitled ``Harriet 
     Tubman National Historical Park'', numbered T18/80,000, and 
     dated March 2009.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of New York.
       (b) Harriet Tubman National Historical Park.--
       (1) Establishment.--
       (A) In general.--Subject to subparagraph (B), there is 
     established the Harriet Tubman National Historical Park in 
     Auburn, New York, as a unit of the National Park System.
       (B) Determination by secretary.--The historical park shall 
     not be established until the date on which the Secretary 
     determines that a sufficient quantity of land, or interests 
     in land, has been acquired to constitute a manageable park 
     unit.
       (C) Notice.--Not later than 30 days after the date on which 
     the Secretary makes a determination under subparagraph (B), 
     the Secretary shall publish in the Federal Register notice of 
     the establishment of the historical park.
       (D) Map.--The map shall be on file and available for public 
     inspection in appropriate offices of the National Park 
     Service.
       (2) Boundary.--The historical park shall include the 
     Harriet Tubman Home, the Tubman Home for the Aged, the 
     Thompson Memorial AME Zion Church and Rectory, and associated 
     land, as identified in the area entitled ``National 
     Historical Park Proposed Boundary'' on the map.
       (3) Purpose.--The purpose of the historical park is to 
     preserve and interpret for the benefit of present and future 
     generations the historical, cultural, and natural resources 
     associated with the life of Harriet Tubman.
       (4) Land acquisition.--The Secretary may acquire land and 
     interests in land within the areas depicted on the map by 
     purchase from a willing seller, donation, or exchange.
       (c) Administration.--
       (1) In general.--The Secretary shall administer the 
     historical park in accordance with this section and the laws 
     generally applicable to units of the National Park System, 
     including--
       (A) the National Park System Organic Act (16 U.S.C. 1 et 
     seq.); and
       (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       (2) Interpretive tours.--The Secretary may provide 
     interpretive tours to sites and resources located outside the 
     boundary of the historical park in Auburn, New York, relating 
     to the life of Harriet Tubman.
       (3) Cooperative agreements.--
       (A) In general.--The Secretary may enter into a cooperative 
     agreement with the owner of any land within the historical 
     park to mark, interpret, or restore nationally significant 
     historic or cultural resources relating to the life of 
     Harriet Tubman, if the agreement provides that--
       (i) the Secretary shall have the right of access to any 
     public portions of the land covered by the agreement to allow 
     for--

       (I) access at reasonable times by historical park visitors 
     to the land; and
       (II) interpretation of the land for the public; and

       (ii) no changes or alterations shall be made to the land 
     except by mutual agreement of the Secretary and the owner of 
     the land.
       (B) Research.--The Secretary may enter into a cooperative 
     agreement with the State, political subdivisions of the 
     State, institutions of higher education, the Home and other 
     nonprofit organizations, and individuals to conduct research 
     relating to the life of Harriet Tubman.
       (C) Cost-sharing requirement.--
       (i) Federal share.--The Federal share of the total cost of 
     any activity carried out under this paragraph shall not 
     exceed 50 percent.
       (ii) Form of non-federal share.--The non-Federal share may 
     be in the form of in-kind contributions or goods or services 
     fairly valued.
       (D) Attorney general.--
       (i) In general.--The Secretary shall submit to the Attorney 
     General for review any cooperative agreement under this 
     paragraph involving religious property or property owned by a 
     religious institution.
       (ii) Finding.--No cooperative agreement subject to review 
     under this subparagraph shall take effect until the date on 
     which the Attorney General issues a finding that the proposed 
     agreement does not violate the Establishment Clause of the 
     first amendment to the Constitution.
       (d) General Management Plan.--
       (1) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this section, the 
     Secretary shall prepare a general management plan for the 
     historical park in accordance with section 12(b) of the 
     National Park Service General Authorities Act (16 U.S.C. 1a-
     7(b)).
       (2) Coordination.--The Secretary shall coordinate the 
     preparation and implementation of the management plan with--
       (A) the Harriet Tubman Underground Railroad National 
     Historical Park established by section 301(b)(1); and
       (B) the National Underground Railroad Network to Freedom.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, except that not more than $7,500,000 shall be 
     available to provide financial assistance under subsection 
     (c)(3).
                                 ______
                                 
  SA 2897. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle D of title II, add the following:

[[Page S6809]]

     SEC. 2__. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK 
                   COMMISSION.

       Section 6(g) of the Chesapeake and Ohio Canal Development 
     Act (16 U.S.C. 410y-4(g)) is amended by striking ``40'' and 
     inserting ``50''.
                                 ______
                                 
  SA 2898. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 2__. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS NETWORK.

       Section 502(c) of the Chesapeake Bay Initiative Act of 1998 
     (16 U.S.C. 461 note; Public Law 105-312) is amended by 
     striking ``fiscal years'' and all that follows through the 
     period at the end and inserting ``fiscal years 2013 through 
     2017.''.
                                 ______
                                 
  SA 2899. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ____. WATER RESOURCES RESEARCH ACT AMENDMENTS.

       (a) Congressional Findings and Declarations.--Section 102 
     of the Water Resources Research Act of 1984 (42 U.S.C. 10301) 
     is amended--
       (1) by redesignating paragraphs (7) through (9) as 
     paragraphs (8) through (10), respectively;
       (2) in paragraph (8) (as so redesignated), by striking 
     ``and'' at the end; and
       (3) by inserting after paragraph (6) the following:
       ``(7) additional research is required into increasing the 
     effectiveness and efficiency of new and existing treatment 
     works through alternative approaches, including--
       ``(A) nonstructural alternatives;
       ``(B) decentralized approaches;
       ``(C) water use efficiency; and
       ``(D) actions to reduce energy consumption or extract 
     energy from wastewater;''.
       (b) Clarification of Research Activities.--Section 
     104(b)(1) of the Water Resources Research Act of 1984 (42 
     U.S.C. 10303(b)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``water-related 
     phenomena'' and inserting ``water resources''; and
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''.
       (c) Compliance Report.--Section 104(c) of the Water 
     Resources Research Act of 1984 (42 U.S.C. 10303(c)) is 
     amended--
       (1) by striking ``From the'' and inserting ``(1) In 
     general.--From the''; and
       (2) by adding at the end the following:
       ``(2) Report.--Not later than December 31 of each fiscal 
     year, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate, the Committee on 
     the Budget of the Senate, the Committee on Transportation and 
     Infrastructure of the House of Representatives, and the 
     Committee on the Budget of the House of Representatives a 
     report regarding the compliance of each funding recipient 
     with this subsection for the immediately preceding fiscal 
     year.''.
       (d) Evaluation of Water Resources Research Program.--
     Section 104 of the Water Resources Research Act of 1984 (42 
     U.S.C. 10303) is amended by striking subsection (e) and 
     inserting the following:
       ``(e) Evaluation of Water Resources Research Program.--
       ``(1) In general.--The Secretary shall conduct a careful 
     and detailed evaluation of each institute at least once every 
     5 years to determine--
       ``(A) the quality and relevance of the water resources 
     research of the institute;
       ``(B) the effectiveness of the institute at producing 
     measured results and applied water supply research; and
       ``(C) whether the effectiveness of the institute as an 
     institution for planning, conducting, and arranging for 
     research warrants continued support under this section.
       ``(2) Prohibition on further support.--If, as a result of 
     an evaluation under paragraph (1), the Secretary determines 
     that an institute does not qualify for further support under 
     this section, no further grants to the institute may be 
     provided until the qualifications of the institute are 
     reestablished to the satisfaction of the Secretary.''.
       (e) Authorization of Appropriations.--Section 104(f)(1) of 
     the Water Resources Research Act of 1984 (42 U.S.C. 
     10303(f)(1)) is amended by striking ``$12,000,000 for each of 
     fiscal years 2007 through 2011'' and inserting ``$7,500,000 
     for each of fiscal years 2012 through 2017''.
       (f) Additional Appropriations Where Research Focused on 
     Water Problems of Interstate Nature.--Section 104(g)(1) of 
     the Water Resources Research Act of 1984 (42 U.S.C. 
     10303(g)(1)) is amended by striking ``$6,000,000 for each of 
     fiscal years 2007 through 2011'' and inserting ``$1,500,000 
     for each of fiscal years 2012 through 2017''.
                                 ______
                                 
  SA 2900. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                    TITLE III--WATER INFRASTRUCTURE

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Hydrologic condition.--The term ``hydrologic 
     condition'' means the quality, quantity, or reliability of 
     the water resources of a region of the United States.
       (3) Owner or operator of a water system.--
       (A) In general.--The term ``owner or operator of a water 
     system'' means an entity (including a regional, State, 
     tribal, local, municipal, or private entity) that owns or 
     operates a water system.
       (B) Inclusions.--The term ``owner or operator of a water 
     system'' includes--
       (i) a non-Federal entity that has operational 
     responsibilities for a federally-, tribally-, or State-owned 
     water system; and
       (ii) an entity established by an agreement between--

       (I) an entity that owns or operates a water system; and
       (II) at least 1 other entity.

       (4) Water system.--The term ``water system'' means--
       (A) a community water system (as defined in section 1401 of 
     the Safe Drinking Water Act (42 U.S.C. 300f));
       (B) a treatment works (as defined in section 212 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1292)), 
     including a municipal separate storm sewer system (as such 
     term is used in that Act (33 U.S.C. 1251 et seq.));
       (C) a decentralized wastewater treatment system for 
     domestic sewage;
       (D) a groundwater storage and replenishment system;
       (E) a system for transport and delivery of water for 
     irrigation or conservation; or
       (F) a natural or engineered system that manages floodwater.

     SEC. 302. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.

       (a) Program.--The Administrator shall establish and 
     implement a program, to be known as the ``Water 
     Infrastructure Resiliency and Sustainability Program'', under 
     which the Administrator shall award grants for each of fiscal 
     years 2013 through 2017 to owners or operators of water 
     systems for the purpose of increasing the resiliency or 
     adaptability of the water systems to any ongoing or 
     forecasted changes (based on the best available research and 
     data) to the hydrologic conditions of a region of the United 
     States.
       (b) Use of Funds.--As a condition on receipt of a grant 
     under this title, an owner or operator of a water system 
     shall agree to use the grant funds exclusively to assist in 
     the planning, design, construction, implementation, 
     operation, or maintenance of a program or project that meets 
     the purpose described in subsection (a) by--
       (1) conserving water or enhancing water use efficiency, 
     including through the use of water metering and electronic 
     sensing and control systems to measure the effectiveness of a 
     water efficiency program;
       (2) modifying or relocating existing water system 
     infrastructure made or projected to be significantly impaired 
     by changing hydrologic conditions;
       (3) preserving or improving water quality, including 
     through measures to manage, reduce, treat, or reuse municipal 
     stormwater, wastewater, or drinking water;
       (4) investigating, designing, or constructing groundwater 
     remediation, recycled water, or desalination facilities or 
     systems to serve existing communities;
       (5) enhancing water management by increasing watershed 
     preservation and protection, such as through the use of 
     natural or engineered green infrastructure in the management, 
     conveyance, or treatment of water, wastewater, or stormwater;
       (6) enhancing energy efficiency or the use and generation 
     of renewable energy in the management, conveyance, or 
     treatment of water, wastewater, or stormwater;
       (7) supporting the adoption and use of advanced water 
     treatment, water supply management (such as reservoir 
     reoperation and water banking), or water demand management 
     technologies, projects, or processes (such as water reuse and 
     recycling, adaptive conservation pricing, and groundwater 
     banking) that maintain or increase water supply or improve 
     water quality;
       (8) modifying or replacing existing systems or constructing 
     new systems for existing communities or land that is being 
     used for agricultural production to improve water supply, 
     reliability, storage, or conveyance in a manner that--
       (A) promotes conservation or improves the efficiency of use 
     of available water supplies; and
       (B) does not further exacerbate stresses on ecosystems or 
     cause redirected impacts by degrading water quality or 
     increasing net greenhouse gas emissions;

[[Page S6810]]

       (9) supporting practices and projects, such as improved 
     irrigation systems, water banking and other forms of water 
     transactions, groundwater recharge, stormwater capture, 
     groundwater conjunctive use, and reuse or recycling of 
     drainage water, to improve water quality or promote more 
     efficient water use on land that is being used for 
     agricultural production;
       (10) reducing flood damage, risk, and vulnerability by--
       (A) restoring floodplains, wetland, and upland integral to 
     flood management, protection, prevention, and response;
       (B) modifying levees, floodwalls, and other structures 
     through setbacks, notches, gates, removal, or similar means 
     to facilitate reconnection of rivers to floodplains, reduce 
     flood stage height, and reduce damage to properties and 
     populations;
       (C) providing for acquisition and easement of flood-prone 
     land and properties in order to reduce damage to property and 
     risk to populations; or
       (D) promoting land use planning that prevents future 
     floodplain development;
       (11) conducting and completing studies or assessments to 
     project how changing hydrologic conditions may impact the 
     future operations and sustainability of water systems; or
       (12) developing and implementing measures to increase the 
     resilience of water systems and regional and hydrological 
     basins, including the Colorado River Basin, to rapid 
     hydrologic change or a natural disaster (such as tsunami, 
     earthquake, flood, or volcanic eruption).
       (c) Application.--To seek a grant under this title, the 
     owner or operator of a water system shall submit to the 
     Administrator an application that--
       (1) includes a proposal for the program, strategy, or 
     infrastructure improvement to be planned, designed, 
     constructed, implemented, or maintained by the water system;
       (2) provides the best available research or data that 
     demonstrate--
       (A) the risk to the water resources or infrastructure of 
     the water system as a result of ongoing or forecasted changes 
     to the hydrological system of a region, including rising sea 
     levels and changes in precipitation patterns; and
       (B) the manner in which the proposed program, strategy, or 
     infrastructure improvement would perform under the 
     anticipated hydrologic conditions;
       (3) describes the manner in which the proposed program, 
     strategy, or infrastructure improvement is expected--
       (A) to enhance the resiliency of the water system, 
     including source water protection for community water 
     systems, to the anticipated hydrologic conditions; or
       (B) to increase efficiency in the use of energy or water of 
     the water system; and
       (4) describes the manner in which the proposed program, 
     strategy, or infrastructure improvement is consistent with an 
     applicable State, tribal, or local climate adaptation plan, 
     if any.
       (d) Priority.--
       (1) Water systems at greatest and most immediate risk.--In 
     selecting grantees under this title, subject to section 
     303(b), the Administrator shall give priority to owners or 
     operators of water systems that are, based on the best 
     available research and data, at the greatest and most 
     immediate risk of facing significant negative impacts due to 
     changing hydrologic conditions.
       (2) Goals.--In selecting among applicants described in 
     paragraph (1), the Administrator shall ensure that, to the 
     maximum extent practicable, the final list of applications 
     funded for each year includes a substantial number that 
     propose to use innovative approaches to meet 1 or more of the 
     following goals:
       (A) Promoting more efficient water use, water conservation, 
     water reuse, or recycling.
       (B) Using decentralized, low-impact development 
     technologies and nonstructural approaches, including 
     practices that use, enhance, or mimic the natural 
     hydrological cycle or protect natural flows.
       (C) Reducing stormwater runoff or flooding by protecting or 
     enhancing natural ecosystem functions.
       (D) Modifying, upgrading, enhancing, or replacing existing 
     water system infrastructure in response to changing 
     hydrologic conditions.
       (E) Improving water quality or quantity for agricultural 
     and municipal uses, including through salinity reduction.
       (F) Providing multiple benefits, including to water supply 
     enhancement or demand reduction, water quality protection or 
     improvement, increased flood protection, and ecosystem 
     protection or improvement.
       (e) Cost-sharing Requirement.--
       (1) Federal share.--The share of the cost of any program, 
     strategy, or infrastructure improvement that is the subject 
     of a grant awarded by the Administrator to the owner or 
     operator of a water system under subsection (a) paid through 
     funds distributed under this title shall not exceed 50 
     percent of the cost of the program, strategy, or 
     infrastructure improvement.
       (2) Calculation of non-federal share.--In calculating the 
     non-Federal share of the cost of a program, strategy, or 
     infrastructure improvement proposed by a water system in an 
     application submitted under subsection (c), the Administrator 
     shall--
       (A) include the value of any in-kind services that are 
     integral to the completion of the program, strategy, or 
     infrastructure improvement, including reasonable 
     administrative and overhead costs; and
       (B) not include any other amount that the water system 
     involved receives from the Federal Government.
       (f) Report to Congress.--Not later than 3 years after the 
     date of enactment of this Act, and every 3 years thereafter, 
     the Administrator shall submit to Congress a report that--
       (1) describes the progress in implementing this title; and
       (2) includes information on project applications received 
     and funded annually under this title.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $50,000,000 for each of fiscal years 
     2013 through 2017.
       (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of 
     the amount made available to carry out this title for a 
     fiscal year, not more than 20 percent may be made available 
     to grantees for activities described in section 302(b)(10).
                                 ______
                                 
  SA 2901. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 121.
                                 ______
                                 
  SA 2902. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike section 121 and insert the following:

     SEC. 121. NO REGULATION OF AMMUNITION OR FISHING TACKLE 
                   PENDING STUDY OF HEALTH AND ENVIRONMENTAL 
                   EFFECTS.

       (a) No Regulation of Ammunition or Fishing Tackle.--The 
     Administrator of the Environmental Protection Agency shall 
     not issue any proposed or final rule or guidance to regulate 
     any chemical substance or mixture in ammunition or fishing 
     tackle under the Toxic Substances Control Act (15 U.S.C. 2601 
     et seq.) during the period beginning on the date of enactment 
     of this Act and ending on the date of the publication of the 
     study required by subsection (b).
       (b) Study of Potential Human Health and Environmental 
     Effects.--
       (1) In general.--Not later than December 31, 2014, the 
     Secretary of Health and Human Services, the Commissioner of 
     Food and Drugs, the Administrator of the Environmental 
     Protection Agency, and the Secretary of the Interior shall 
     jointly prepare and publish a study that describes the 
     potential threats to human health (including to pregnant 
     women, children, and other vulnerable populations) and to the 
     environment from the use of--
       (A) lead and toxic substances in ammunition and fishing 
     tackle; and
       (B) commercially available and less toxic alternatives to 
     lead and toxic substances in ammunition and fishing tackle.
       (2) Use.--The Administrator of the Environmental Protection 
     Agency shall use, as appropriate, the findings of the report 
     required by paragraph (1) when considering any potential 
     future decision related to a chemical substance or mixture 
     when the substance or mixture is used in ammunition or 
     fishing tackle.
                                 ______
                                 
  SA 2903. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill 
S. 3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 1__. HUNTING IN KISATCHIE NATIONAL FOREST.

       (a) In General.--Consistent with the eleventh undesignated 
     paragraph under the heading ``SURVEYING THE PUBLIC LANDS'' of 
     the Act of June 4, 1897 (16 U.S.C. 551), the Secretary of 
     Agriculture (referred to in this section as the 
     ``Secretary'') may not impose restrictions on the use of dogs 
     in deer hunting activities in Kisatchie National Forest, 
     unless the restrictions--
       (1) apply to the smallest practicable portions of the unit; 
     and
       (2) are necessary to reduce or control trespass onto land 
     adjacent to the unit.
       (b) Prior Restrictions Void.--Any restrictions regarding 
     the use of dogs in deer hunting activities in Kisatchie 
     National Forest in force on the date of enactment of this Act 
     shall be void and have no force or effect.
       (c) Adjacent Landowners.--
       (1) In general.--The owner of land that is adjacent to a 
     unit of the Kisatchie National Forest may submit to the 
     Secretary a petition to restrict the use of dogs in deer 
     hunting activities that take place on the unit that is 
     adjacent to the land.
       (2) Restrictions.--If the Secretary receives a petition 
     from an adjacent landowner

[[Page S6811]]

     under paragraph (2), the Secretary, after notice and 
     opportunity for a hearing, may impose restrictions on the use 
     of dogs in deer hunting that are--
       (A) limited to units of the Kisatchie National Forest 
     within 300 yards of the boundary of the land of the 
     petitioning landowner; and
       (B) consistent with subsection (a).
                                 ______
                                 
  SA 2904. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of the bill, add the following:

              TITLE III--ENDANGERED OR THREATENED SPECIES

     SEC. 301. REMOVAL OF GRAY WOLF IN THE STATE OF UTAH FROM THE 
                   LIST OF ENDANGERED OR THREATENED SPECIES.

       (a) Definitions.--In this section:
       (1) Gray wolf.--The term ``gray wolf'' means any taxonomic 
     group traditionally associated with the gray wolf, including 
     Canus lupus baileyi, regardless of specific taxonomy of any 
     particular gray wolf variety as a species, subspecies, or 
     other designation.
       (2) Secretary.--The term ``Secretary'' has the meaning 
     given the term in section 3 of the Endangered Species Act of 
     1973 (16 U.S.C. 1532).
       (b) Removal of Gray Wolf in the State of Utah From the List 
     of Endangered or Threatened Species.--Notwithstanding any 
     other provision of law, not later than 60 days after the date 
     of enactment of this section, the Secretary shall promulgate 
     regulations removing from the list of endangered or 
     threatened species under section 4(c) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533(c)) the gray wolf within 
     the borders of the State of Utah.
                                 ______
                                 
  SA 2905. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                       TITLE III--LAND CONVEYANCE

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Federal land.--The term ``Federal land'' means any land 
     (including mineral rights) under the jurisdiction of the 
     Secretary in the State, including any public land in the 
     State (as defined in section 103 of the Federal Land Policy 
     And Management Act of 1976 (43 U.S.C. 1702)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the state of Utah.

     SEC. 302. CONVEYANCE OF FEDERAL LAND TO THE STATE OF UTAH.

       (a) In General.--Not later than December 31, 2014, the 
     Secretary shall convey to the State all right, title, and 
     interest of the United States in and to the Federal land.
       (b) Reconveyance.--If the State reconveys any Federal land 
     conveyed to the State under subsection (a), the State shall, 
     as soon as practicable after the date of the reconveyance, 
     pay to the Secretary concerned an amount equal to 95 percent 
     of the amount received by the State in consideration for the 
     Federal land reconveyed.
                                 ______
                                 
  SA 2906. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                       TITLE III--LAND CONVEYANCE

     SEC. 301. DEFINITIONS.

       In this title:
       (1) City.--The term ``City'' means the city of Fruit 
     Heights, Utah.
       (2) Map.--The term ``map'' means the map entitled 
     ``Proposed Fruit Heights City Conveyance'' and dated 2012.
       (3) National forest system land.--The term ``National 
     Forest System land'' means the approximately 100 acres of 
     National Forest System land, as depicted on the map.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 302. CONVEYANCE OF CERTAIN LAND TO THE CITY OF FRUIT 
                   HEIGHTS, UTAH.

       (a) In General.--The Secretary shall convey to the City, 
     without consideration, all right, title, and interest of the 
     United States in and to the National Forest System land.
       (b) Survey.--
       (1) In general.--If determined by the Secretary to be 
     necessary, the exact acreage and legal description of the 
     National Forest System land shall be determined by a survey 
     approved by the Secretary.
       (2) Costs.--The City shall pay the reasonable survey and 
     other administrative costs associated with a survey conducted 
     under paragraph (1).
       (c) Use of National Forest System Land.--As a condition of 
     the conveyance under subsection (a), the City shall use the 
     National Forest System land only for public purposes.
       (d) Reversionary Interest.--In the quitclaim deed to the 
     City for the National Forest System land, the Secretary shall 
     provide that the National Forest System land shall revert to 
     the Secretary, at the election of the Secretary, if the 
     National Forest System land is used for other than a public 
     purpose.
                                 ______
                                 
  SA 2907. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

    TITLE III--CLARIFICATION OF AUTHORITY, UINTAH AND OURAY INDIAN 
                              RESERVATION

     SEC. 301. CLARIFICATION OF AUTHORITY.

       The Act entitled ``An Act to define the exterior boundary 
     of the Uintah and Ouray Indian Reservation in the State of 
     Utah, and for other purposes'', approved March 11, 1948 (62 
     Stat. 72), as amended by the Act entitled ``An Act to amend 
     the Act extending the exterior boundary of the Uintah and 
     Ouray Indian Reservation in the State of Utah so as to 
     authorize such State to exchange certain mineral lands for 
     other lands mineral in character'' approved August 9, 1955, 
     (69 Stat. 544), is further amended by adding at the end the 
     following:
       ``Sec. 5.  In order to further clarify authorizations under 
     this Act, the State of Utah is hereby authorized to 
     relinquish to the United States, for the benefit of the Ute 
     Indian Tribe of the Uintah and Ouray Reservation, State 
     school trust or other State-owned subsurface mineral lands 
     located beneath the surface estate delineated in Public Law 
     440 (approved March 11, 1948) and south of the border between 
     Grand County, Utah, and Uintah County, Utah, and select in 
     lieu of such relinquished lands, on an acre-for-acre basis, 
     any subsurface mineral lands of the United States located 
     beneath the surface estate delineated in Public Law 440 
     (approved March 11, 1948) and north of the border between 
     Grand County, Utah, and Uintah County, Utah, subject to the 
     following conditions:
       ``(1) Reservation by united states.--The Secretary of the 
     Interior shall reserve an overriding interest in that portion 
     of the mineral estate comprised of minerals subject to 
     leasing under the Mineral Leasing Act (30 U.S.C. 171 et seq) 
     in any mineral lands conveyed to the State.
       ``(2) Extent of overriding interest.--The overriding 
     interest reserved by the United States under paragraph (1) 
     shall consist of--
       ``(A) 50 percent of any bonus bid or other payment received 
     by the State as consideration for securing any lease or 
     authorization to develop such mineral resources;
       ``(B) 50 percent of any rental or other payments received 
     by the State as consideration for the lease or authorization 
     to develop such mineral resources;
       ``(C) a 6.25 percent overriding royalty on the gross 
     proceeds of oil and gas production under any lease or 
     authorization to develop such oil and gas resources; and
       ``(D) an overriding royalty on the gross proceeds of 
     production of such minerals other than oil and gas, equal to 
     50 percent of the royalty rate established by the Secretary 
     of the Interior by regulation as of October 1, 2011.
       ``(3) Reservation by state of utah.--The State of Utah 
     shall reserve, for the benefit of its State school trust, an 
     overriding interest in that portion of the mineral estate 
     comprised of minerals subject to leasing under the Mineral 
     Leasing Act (30 U.S.C. 181 et seq) in any mineral lands 
     relinquished by the State to the United States.
       ``(4) Extent of overriding interest.--The overriding 
     interest reserved by the State under paragraph (3) shall 
     consist of--
       ``(A) 50 percent of any bonus bid or other payment received 
     by the United States as consideration for securing any lease 
     or authorization to develop such mineral resources on the 
     relinquished lands;
       ``(B) 50 percent of any rental or other payments received 
     by the United States as consideration for the lease or 
     authorization to develop such mineral resources;
       ``(C) a 6.25 percent overriding royalty on the gross 
     proceeds of oil and gas production under any lease or 
     authorization to develop such oil and gas resources; and
       ``(D) an overriding royalty on the gross proceeds of 
     production of such minerals other than oil and gas, equal to 
     50 percent of the royalty rate established by the Secretary 
     of the Interior by regulation as of October 1, 2011.
       ``(5) No obligation to lease.--Neither the United States 
     nor the State shall be obligated to lease or otherwise 
     develop oil and gas resources in which the other party 
     retains an overriding interest under this section.
       ``(6) Cooperative agreements.--The Secretary of the 
     Interior is authorized to enter into cooperative agreements 
     with the State and the Ute Indian Tribe of the Uintah and

[[Page S6812]]

     Ouray Reservation to facilitate the relinquishment and 
     selection of lands to be conveyed under this section, and the 
     administration of the overriding interests reserved 
     hereunder.
       ``(7) Termination.--The overriding interest reserved by the 
     Secretary of the Interior under paragraph (1), and the 
     overriding interest reserved by the State under paragraph 
     (3), shall automatically terminate 30 years after the date of 
     enactment of this section.''.
                                 ______
                                 
  SA 2908. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                 TITLE III--NATIONAL MONUMENTS IN UTAH

     SEC. 301. LIMITATION ON FURTHER EXTENSION OR ESTABLISHMENT OF 
                   NATIONAL MONUMENTS IN UTAH.

       This proviso of the last sentence of the first section of 
     the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 
     U.S.C. 431a), is amended by inserting ``or Utah'' after 
     ``Wyoming''.
                                 ______
                                 
  SA 2909. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                       TITLE III--LAND CONVEYANCE

     SEC. 301. LAND CONVEYANCE, UINTA-WASATCH-CACHE NATIONAL 
                   FOREST, UTAH.

       (a) Conveyance Required.--On the request of Brigham Young 
     University submitted to the Secretary of Agriculture not 
     later than one year after the date of the enactment of this 
     Act, the Secretary shall convey, not later than one year 
     after receiving the request, to Brigham Young University all 
     right, title, and interest of the United States in and to an 
     approximately 80-acre parcel of National Forest System land 
     in the Uinta-Wasatch-Cache National Forest in the State of 
     Utah consisting of the SE\1/4\SE\1/4\ of section 32, T. 6 S., 
     R. 3 E., and the NE\1/4\NE\1/4\ of section 5, T. 7 S., R. 3 
     E., Salt Lake Base & Meridian. The conveyance shall be 
     subject to valid existing rights and shall be made by 
     quitclaim deed.
       (b) Consideration.--
       (1) Consideration required.--As consideration for the land 
     conveyed under subsection (a), Brigham Young University shall 
     pay to the Secretary an amount equal to the fair market value 
     of the land, as determined by an appraisal approved by the 
     Secretary and conducted in conformity with the Uniform 
     Appraisal Standards for Federal Land Acquisitions and section 
     206 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1716).
       (2) Deposit.--The consideration received by the Secretary 
     under paragraph (1) shall be deposited in the general fund of 
     the Treasury to reduce the Federal deficit.
       (c) Guaranteed Public Access to Y Mountain Trail.--After 
     the conveyance under subsection (a), Brigham Young University 
     represents that it will--
       (1) continue to allow the same reasonable public access to 
     the trailhead and portion of the Y Mountain Trail already 
     owned by Brigham Young University as of the date of the 
     enactment of this Act that Brigham Young University has 
     historically allowed; and
       (2) allow that same reasonable public access to the portion 
     of the Y Mountain Trail and the ``Y'' symbol located on the 
     land described in subsection (a).
       (d) Survey and Administrative Costs.--The exact acreage and 
     legal description of the land to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. Brigham Young University shall pay the reasonable 
     costs of survey, appraisal, and any administrative analyses 
     required by law.
                                 ______
                                 
  SA 2910. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                    TITLE III--TIMBER SALE CONTRACTS

     SEC. 301. EXTENDING NATIONAL FOREST SYSTEM TIMBER SALE 
                   CONTRACTS.

       (a) Definitions.--In this section:
       (1) Qualifying contract.--The term ``qualifying contract'' 
     means a contract (including an integrated resource timber 
     contract) for the sale of timber on National Forest System 
     land--
       (A) that was awarded before January 1, 2010;
       (B) for which the original contract term was for 2 or more 
     years;
       (C) for which there is unharvested volume of timber 
     remaining;
       (D) for which, not later than 90 days after the date of 
     enactment of this Act, the contract awardee makes a written 
     request to the Secretary for an extension of time;
       (E) for which the Secretary determines there is not an 
     urgent need to harvest due to deteriorating timber 
     conditions;
       (F) for which the Secretary determines there is not an 
     urgent need to harvest to accomplish fuel reduction 
     objectives in wildland-urban interface areas; and
       (G) that is not in breach or default.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (3) Wildland-urban interface.--The term ``wildland-urban 
     interface'' has the meaning given the term in section 101 of 
     the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
       (b) Extension of Time.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to the conditions described in paragraph (2), the 
     Secretary may extend the term of a qualifying contract for 
     not more than 2 years after the applicable contract 
     termination date.
       (2) Conditions.--An extension of a qualifying contract 
     under paragraph (1) shall be subject to the following 
     conditions:
       (A) The total contract term shall not exceed 10 years, 
     including the extension granted under this section.
       (B) A qualifying contract that receives a 1-year 
     substantial overriding public interest extension authorized 
     by the Chief of the Forest Service in 2012 may only receive 
     an extension of 1 year under this section.
       (C) Periodic payment dates that have not been reached as of 
     the date of a request by a contract awardee under this 
     section shall be adjusted in accordance with applicable law 
     and policies.
       (c) Effect.--
       (1) No surrender of claims.--Nothing in this section shall 
     result in the surrendering of any claim by the United States 
     against any contract awardee that arose under a qualifying 
     contract before the date on which the Secretary extends the 
     qualifying contract term under this section.
       (2) Release of liability.--Before receiving an extension of 
     a contract term under this section, the contract awardee 
     shall release the United States from all liability, including 
     further consideration or compensation, resulting from--
       (A) the extension of the qualifying contract term; or
       (B) a determination by the Secretary under this section to 
     not extend the contract term.
       (3) Future administrative actions.--Nothing in this section 
     precludes the Secretary from modifying a qualifying contract 
     extended under this section to grant administrative relief 
     consistent with applicable law (including regulations) and 
     policy.
                                 ______
                                 
  SA 2911. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

           TITLE III--PUTTING THE GULF OF MEXICO BACK TO WORK

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Putting the Gulf of Mexico 
     Back to Work Act''.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Covered civil action.--The term ``covered civil 
     action'' means a civil action containing a claim under 
     section 702 of title 5, United States Code, regarding agency 
     action (as defined for the purposes of that section) 
     affecting a covered energy project in the Gulf of Mexico.
       (2) Covered energy project.--
       (A) In general.--The term ``covered energy project'' means 
     the leasing of Federal land of the outer Continental Shelf 
     for the exploration, development, production, processing, or 
     transmission of oil, natural gas, wind, or any other source 
     of energy in the Gulf of Mexico, and any action under a 
     lease.
       (B) Exclusion.--The term ``covered energy project'' does 
     not include any dispute between the parties to a lease 
     regarding the obligations under the lease, including any 
     alleged breach of the lease.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

                Subtitle A--Outer Continental Shelf Land

     SEC. 311. DRILLING PERMITS.

       Section 11 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1340) is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Drilling Permits.--
       ``(1) In general.--The Secretary shall by regulation 
     require that any lessee operating under an approved 
     exploration plan--
       ``(A) obtain a permit before drilling any well in 
     accordance with the plan; and
       ``(B) obtain a new permit before drilling any well of a 
     design that is significantly different than the design for 
     which the existing permit was issued.
       ``(2) Safety review required.--The Secretary shall not 
     issue a permit under paragraph (1) without ensuring that the 
     proposed drilling operations meet all--
       ``(A) critical safety system requirements, including 
     blowout prevention; and

[[Page S6813]]

       ``(B) oil spill response and containment requirements.
       ``(3) Timeline.--
       ``(A) In general.--The Secretary shall determine whether to 
     issue a permit under paragraph (1) not later than 30 days 
     after the date on which the Secretary receives the 
     application for a permit.
       ``(B) Extension of time.--
       ``(i) In general.--The Secretary may extend the period in 
     which to consider an application for a permit for up to 2 
     periods of 15 days each if the Secretary has given written 
     notice of the delay to the applicant.
       ``(ii) Notice.--The notice described in clause (i) shall--

       ``(I) be in the form of a letter from the Secretary or a 
     designee of the Secretary; and
       ``(II) include--

       ``(aa) the name and title of each individual processing the 
     application;
       ``(bb) the reason for the delay; and
       ``(cc) the date on which the Secretary expects to make a 
     final decision on the application.
       ``(4) Denial of application.--If the Secretary denies the 
     application, the Secretary shall provide the applicant--
       ``(A) a written statement that provides clear and 
     comprehensive reasons why the application was not accepted 
     and detailed information concerning any deficiency; and
       ``(B) an opportunity to remedy any deficiencies.
       ``(5) Failure to make decision within 60 days.--If the 
     Secretary does not make a decision on the application by the 
     date that is 60 days from the date on which the Secretary 
     receives the application, the application shall be considered 
     approved.''.

    Subtitle B--Judicial Review of Agency Actions Relating to Outer 
             Continental Shelf Activities in Gulf of Mexico

     SEC. 322. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING 
                   TO COVERED ENERGY PROJECTS IN GULF OF MEXICO.

       A covered civil action shall be brought only in a judicial 
     district in the Fifth Circuit unless there is no district in 
     that circuit in which the action may be brought.

     SEC. 323. TIME LIMITATION ON FILING.

       A covered civil action is barred unless the action is filed 
     not later than the date that is 60 days after the date of the 
     final Federal agency action.

     SEC. 324. EXPEDITION IN HEARING AND DETERMINING ACTION.

       A court shall endeavor to hear and determine any covered 
     civil action as expeditiously as practicable.

     SEC. 325. STANDARD OF REVIEW.

       (a) In General.--In any judicial review of a covered civil 
     action, administrative findings and conclusions relating to 
     the challenged Federal action or decision shall be presumed 
     to be correct.
       (b) Standard.--The presumption described in subsection (a) 
     may be rebutted only by a preponderance of the evidence 
     contained in the administrative record.

     SEC. 326. LIMITATION ON PROSPECTIVE RELIEF.

       In a covered civil action, a court shall not grant or 
     approve any prospective relief unless the court finds that 
     the relief is narrowly drawn, extends no further than 
     necessary to correct the violation of a legal requirement, 
     and is the least intrusive means necessary to correct that 
     violation.

     SEC. 327. LIMITATION ON ATTORNEYS' FEES.

       (a) In General.--Sections 504 of title 5 and 2412 of title 
     28, United States Code, do not apply to a covered civil 
     action.
       (b) Payment From Federal Government.--No party to a covered 
     civil action shall receive from the Federal Government 
     payment for attorneys' fees, expenses, and other court costs.

           TITLE IV--RESTARTING AMERICAN OFFSHORE LEASING NOW

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Restarting American 
     Offshore Leasing Now Act''.

     SEC. 402. DEFINITIONS.

       In this title:
       (1) Environmental impact statement for the 2007-2012 5-year 
     ocs plan.--The term ``environmental impact statement for the 
     2007-2012 5-Year OCS plan'' means the final environmental 
     impact statement prepared by the Secretary entitled ``Outer 
     Continental Shelf Oil and Gas Leasing Program: 2007-2012'', 
     and dated April 2007.
       (2) Multisale environmental impact statement.--The term 
     ``multisale environmental impact statement'' means the 
     environmental impact statement prepared by the Secretary 
     relating to proposed Western Gulf of Mexico OCS Oil and Gas 
     Lease Sales 204, 207, 210, 215, and 218, and proposed Central 
     Gulf of Mexico OCS Oil and Gas Lease Sales 205, 206, 208, 
     213, 216, and 222, and dated September 2008.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 403. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 216 IN CENTRAL GULF OF MEXICO.

       (a) In General.--As soon as practicable, but not later than 
     60 days after the date of enactment of this Act, the 
     Secretary shall conduct offshore oil and gas Lease Sale 216 
     under section 8 of the Outer Continental Shelf Lands Act (33 
     U.S.C. 1337) .
       (b) Environmental Review.--For the purposes of the lease 
     sale described in subsection (a), the environmental impact 
     statement for the 2007-2012 5-Year OCS plan and the multisale 
     environmental impact statement shall be considered to satisfy 
     the requirements of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).

     SEC. 404. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 220 ON OUTER CONTINENTAL SHELF OFFSHORE 
                   VIRGINIA.

       (a) In General.--As soon as practicable, but not later than 
     1 year after the date of enactment of this Act, the Secretary 
     shall conduct offshore oil and gas Lease Sale 220 under 
     section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 
     1337).
       (b) Environmental Review.--For the purposes of the lease 
     sale described in subsection (a), the environmental impact 
     statement for the 2007-2012 5-Year OCS plan and the multisale 
     environmental impact statement shall be considered to satisfy 
     the requirements of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).

     SEC. 405. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 222 IN CENTRAL GULF OF MEXICO.

       (a) In General.--As soon as practicable, but not later than 
     60 days after the date of enactment of this Act, the 
     Secretary shall conduct offshore oil and gas Lease Sale 222 
     under section 8 of the Outer Continental Shelf Lands Act (33 
     U.S.C. 1337).
       (b) Environmental Review.--For the purposes of the lease 
     sale described in subsection (a), the environmental impact 
     statement for the 2007-2012 5-Year OCS plan and the multisale 
     environmental impact statement shall be considered to satisfy 
     the requirements of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).

        TITLE V--REVERSING PRESIDENT OBAMA'S OFFSHORE MORATORIUM

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Reversing President 
     Obama's Offshore Moratorium Act''.

     SEC. 502. OUTER CONTINENTAL SHELF LEASING PROGRAM.

       Section 18(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344(a)) is amended by adding at the end the 
     following:
       ``(5)(A) In each oil and gas leasing program under this 
     section, the Secretary shall make available for leasing and 
     conduct lease sales that include--
       ``(i) at least 50 percent of the available unleased acreage 
     within each outer Continental Shelf planning area considered 
     to have the largest undiscovered, technically recoverable oil 
     and gas resources (on a total btu basis) based upon the most 
     recent national geological assessment of the outer 
     Continental Shelf, with an emphasis on offering the most 
     geologically prospective parts of the planning area; and
       ``(ii) any State subdivision of an outer Continental Shelf 
     planning area that the Governor of the State that represents 
     that subdivision requests be made available for leasing.
       ``(B) In this paragraph, the term `available unleased 
     acreage' means that portion of the outer Continental Shelf 
     that is not under lease at the time of a proposed lease sale, 
     and that has not otherwise been made unavailable for leasing 
     by law.
       ``(6)(A) For the 2012-2017 5-year oil and gas leasing 
     program, the Secretary shall make available for leasing any 
     outer Continental Shelf planning areas that are estimated to 
     contain more than--
       ``(i) 2,500,000,000 barrels of oil; or
       ``(ii) 7,500,000,000,000 cubic feet of natural gas.
       ``(B) To determine the planning areas described in 
     subparagraph (A), the Secretary shall use the document 
     entitled `Minerals Management Service Assessment of 
     Undiscovered Technically Recoverable Oil and Gas Resources of 
     the Nation's Outer Continental Shelf, 2006'.''.

     SEC. 503. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

       Section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Domestic Oil and Natural Gas Production Goal.---
       ``(1) In general.--In developing a 5-year oil and gas 
     leasing program, subject to paragraph (2), the Secretary 
     shall determine a domestic strategic production goal for the 
     development of oil and natural gas as a result of that 
     program, which goal shall be--
       ``(A) the best estimate of the practicable increase in 
     domestic production of oil and natural gas from the outer 
     Continental Shelf;
       ``(B) focused on meeting domestic demand for oil and 
     natural gas and reducing the dependence of the United States 
     on foreign energy; and
       ``(C) focused on the production increases achieved by the 
     leasing program at the end of the 15-year period beginning on 
     the effective date of the program.
       ``(2) 2012-2017 program goal.--For purposes of the 2012-
     2017 5-year oil and gas leasing program, the production goal 
     referred to in paragraph (1) shall be an increase by 2027 of 
     not less than--
       ``(A) 3,000,000 barrels in the quantity of oil produced per 
     day; and
       ``(B) 10,000,000,000 cubic feet in the quantity of natural 
     gas produced per day.
       ``(3) Reporting.--Beginning at the end of the 5-year period 
     for which the program applies and annually thereafter, the 
     Secretary shall submit to the Committee on Natural Resources 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate a report on the

[[Page S6814]]

     progress of the program in meeting the production goal that 
     includes an identification of projections for production and 
     any problems with leasing, permitting, or production that 
     will prevent meeting the goal.''.

                  TITLE VI--JOBS AND ENERGY PERMITTING

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Jobs and Energy Permitting 
     Act of 2012''.

     SEC. 602. AIR QUALITY MEASUREMENT.

       Section 328(a)(1) of the Clean Air Act (42 U.S.C. 
     7627(a)(1)) is amended in the second sentence by inserting 
     before the period at the end the following: ``, except that 
     any air quality impact of any OCS source shall be measured or 
     modeled, as appropriate, and determined solely with respect 
     to the impacts in the corresponding onshore area''.

     SEC. 603. OCS SOURCE.

       Section 328(a)(4)(C) of the Clean Air Act (42 U.S.C. 
     7627(a)(4)(C)) is amended in the second sentence of the 
     matter following clause (iii) by striking ``shall be 
     considered direct emissions from the OCS source'' and 
     inserting ``shall be considered direct emissions from the OCS 
     source but shall not be subject to any emission control 
     requirement applicable to the source under subpart 1 of part 
     C of title I of this Act. For platform or drill ship 
     exploration, an OCS source is established at the point in 
     time when drilling commences at a location and ceases to 
     exist when drilling activity ends at the location or is 
     temporarily interrupted because the platform or drill ship 
     relocates for weather or other reasons''.

     SEC. 604. PERMITS.

       (a) Permits.--Section 328 of the Clean Air Act (42 U.S.C. 
     7627) is amended by adding at the end the following:
       ``(d) Permit Application.--In the case of a completed 
     application for a permit under this Act for platform or drill 
     ship exploration for an OCS source--
       ``(1) final agency action (including any reconsideration of 
     the issuance or denial of such a permit) shall be taken not 
     later than 180 days after the date on which the completed 
     application is filed;
       ``(2) the Environmental Appeals Board of the Environmental 
     Protection Agency shall have no authority to consider any 
     matter regarding the consideration, issuance, or denial of 
     the permit;
       ``(3) no administrative stay of the effectiveness of the 
     permit may extend beyond the date that is 180 days after the 
     date on which the completed application is filed;
       ``(4) that final agency action shall be considered to be 
     nationally applicable under section 307(b); and
       ``(5) judicial review of that final agency action shall be 
     available only in accordance with section 307(b) without 
     additional administrative review or adjudication.''.
       (b) Conforming Amendment.--Section 328(a)(4) of the Clean 
     Air Act (42 U.S.C. 7627(a)(4)) is amended by striking ``For 
     purposes of subsections (a) and (b) of this section--'' and 
     inserting ``For purposes of subsections (a), (b), and (d):''.

       TITLE VII--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Sacramento-San Joaquin 
     Valley Water Reliability Act''.

          Subtitle A--Central Valley Project Water Reliability

     SEC. 711. AMENDMENT TO PURPOSES.

       Section 3402 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4706) is amended--
       (1) in subsection (f), by striking the period at the end; 
     and
       (2) by adding at the end the following:
       ``(g) to ensure that water dedicated to fish and wildlife 
     purposes by this title is replaced and provided to Central 
     Valley Project water contractors not later than December 31, 
     2016, at the lowest cost reasonably achievable; and
       ``(h) to facilitate and expedite water transfers in 
     accordance with this title.''.

     SEC. 712. AMENDMENT TO DEFINITION.

       Section 3403 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4707) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) the term `anadromous fish' means those native stocks 
     of salmon (including steelhead) and sturgeon that--
       ``(1) as of October 30, 1992, were present in the 
     Sacramento and San Joaquin Rivers and the tributaries of the 
     Sacramento and San Joaquin Rivers; and
       ``(2) ascend those rivers and tributaries to reproduce 
     after maturing in San Francisco Bay or the Pacific Ocean;'';
       (2) by redesignating subsections (i) through (m) as 
     subsections (j) through (n), respectively; and
       (3) by inserting after subsection (h) the following:
       ``(i) the term `reasonable flows' means water flows capable 
     of being maintained taking into account competing consumptive 
     uses of water and economic, environmental, and social 
     factors.''.

     SEC. 713. CONTRACTS.

       Section 3404 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4708) is amended to read as 
     follows:

     ``SEC. 3404. CONTRACTS.

       ``(a) Renewal of Existing Long-term Contracts.--On request 
     of the contractor, the Secretary shall renew any existing 
     long-term repayment or water service contract that provides 
     for the delivery of water from the Central Valley Project for 
     a period of 40 years.
       ``(b) Administration of Contracts.--Except as expressly 
     provided by this title, any existing long-term repayment or 
     water service contract for the delivery of water from the 
     Central Valley Project shall be administered pursuant to the 
     Act of July 2, 1956 (chapter 492; 70 Stat. 483).
       ``(c) Delivery Charge.--Beginning on the date of enactment 
     of this Act, a contract entered into or renewed pursuant to 
     this section shall include a provision that requires the 
     Secretary to charge any other party to the contract only for 
     water actually delivered by the Secretary.''.

     SEC. 714. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND 
                   CONSERVATION.

       Section 3405 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4709) is amended--
       (1) in subsection (a)--
       (A) in the second sentence, by striking ``Except as 
     provided herein'' and inserting ``The Secretary shall take 
     all actions necessary to facilitate and expedite transfers of 
     Central Valley Project water in accordance with this title or 
     any other provision of Federal reclamation law and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.). Except as provided in this subsection,'';
       (B) in paragraph (1)(A), by striking ``to combination'' and 
     inserting ``or combination'';
       (C) in paragraph (2), by adding at the end the following:
       ``(E) Written transfer proposals.--
       ``(i) In general.--The contracting district from which the 
     water is supplied, the agency, or the Secretary, as 
     applicable, shall determine whether a written transfer 
     proposal is complete not later than 45 days after the date on 
     which the proposal is submitted.
       ``(ii) Determination.--If the contracting district, the 
     agency, or the Secretary determines that the proposal 
     described in clause (i) is incomplete, the contracting 
     district, agency, or Secretary shall state, in writing and 
     with specificity, the conditions under which the proposal 
     would be considered complete.
       ``(F) No mitigation requirements.--
       ``(i) In general.--Except as provided in this section, the 
     Secretary shall not impose mitigation or other requirements 
     on a proposed transfer.
       ``(ii) Applicability.--This section shall have no effect on 
     the authority of the contracting district from which the 
     water is supplied or the agency under State law to approve or 
     condition a proposed transfer.''; and
       (D) by adding at the end the following:
       ``(4) Applicability.--Notwithstanding any other provision 
     of Federal reclamation law--
       ``(A) the authority to transfer, exchange, bank, or make 
     recharging arrangements using Central Valley Project water 
     that could have been carried out before October 30, 1992, is 
     valid, and those transfers, exchanges, or arrangements shall 
     not be subject to, limited, or conditioned by this title; and
       ``(B) this title does not supersede or revoke the authority 
     to transfer, exchange, bank, or recharge Central Valley 
     Project water in effect before October 30, 1992.'';
       (2) in subsection (b)--
       (A) in the heading, by striking ``METERING'' and inserting 
     ``MEASUREMENT'';
       (B) in the first sentence, by striking ``All Central 
     Valley'' and inserting the following:
       ``(1) In general.--All Central Valley'';
       (C) in the second sentence, by striking ``The contracting 
     district'' and inserting the following:
       ``(3) Annual report.--The contracting district''; and
       (D) by inserting after paragraph (1) (as designated by 
     subparagraph (B)) the following:
       ``(2) Measurement requirements.--The contracting district 
     or agency, not including contracting districts serving 
     multiple agencies with separate governing boards, shall 
     ensure that all contractor-owned water delivery systems 
     within the boundaries of the contracting district or agency 
     measure surface water at the facilities of the contracting 
     district or agency up to the point at which the surface water 
     is commingled with other water supplies.'';
       (3) by striking subsection (d);
       (4) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively; and
       (5) by striking subsection (e) (as redesignated by 
     paragraph (4)) and inserting the following:
       ``(e) Increased Revenues.--All revenues received by the 
     Secretary that exceed the cost-of-service rates applicable to 
     the delivery of water transferred from irrigation use to 
     municipal and industrial use under subsection (a) shall be 
     covered to the Restoration Fund.''.

     SEC. 715. FISH, WILDLIFE, AND HABITAT RESTORATION.

       Section 3406 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4714) is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (1)(B) and inserting the 
     following:
       ``(B) Administration.--
       ``(i) In general.--As needed to carry out the goals of the 
     Central Valley Project, the Secretary may modify Central 
     Valley Project operations to provide reasonable flows of 
     suitable quality, quantity, and timing to protect all life 
     stages of anadromous fish.

[[Page S6815]]

       ``(ii) Requirements.--The flows under clause (i) shall be 
     provided from the quantity of water dedicated to fish, 
     wildlife, and habitat restoration purposes under paragraph 
     (2) from the water supplies acquired pursuant to paragraph 
     (3) and from other sources which do not conflict with 
     fulfillment of the remaining contractual obligations of the 
     Secretary to provide Central Valley Project water for other 
     authorized purposes.
       ``(iii) Determination of needs.--The Secretary shall 
     determine the instream reasonable flow needs for all Central 
     Valley Project controlled streams and rivers based on 
     recommendations of the United States Fish and Wildlife 
     Service and the National Marine Fisheries Service after 
     consultation with the United States Geological Survey.''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A)--

       (I) in the first sentence, by striking ``primary purpose'' 
     and inserting ``purposes'';
       (II) by striking ``but not limited to additional 
     obligations under the Federal Endangered Species Act'' and 
     inserting ``additional obligations under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.)''; and
       (III) by adding at the end the following: ``All Central 
     Valley Project water used for the purposes specified in this 
     paragraph shall be credited to the quantity of Central Valley 
     Project yield dedicated and managed under this paragraph by 
     determining how the dedication and management of that water 
     would affect the delivery capability of the Central Valley 
     Project yield. To the maximum extent practicable and in 
     accordance with section 3411, Central Valley Project water 
     dedicated and managed pursuant to this paragraph shall be 
     reused to fulfill the remaining contractual obligations of 
     the Secretary to provide Central Valley Project water for 
     agricultural or municipal and industrial purposes.''; and

       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Mandatory reduction.--If on March 15 of a given year, 
     the quantity of Central Valley Project water forecasted to be 
     made available to water service or repayment contractors in 
     the Delta Division of the Central Valley Project is less than 
     75 percent of the total quantity of water to be made 
     available under those contracts, the quantity of Central 
     Valley Project yield dedicated and managed for that year 
     under this paragraph shall be reduced by 25 percent.''; and
       (2) by adding at the end the following:
       ``(i) Satisfaction of Purposes.--In carrying out this 
     section, the Secretary shall be considered to have met the 
     mitigation, protection, restoration, and enhancement purposes 
     of this title.''.

     SEC. 716. RESTORATION FUND.

       (a) In General.--Section 3407(a) of the Central Valley 
     Project Improvement Act (Public Law 102-575; 106 Stat. 4726) 
     is amended--
       (1) by striking ``There is hereby'' and inserting the 
     following:
       ``(1) Establishment.--
       ``(A) In general.--There is'';
       (2) in paragraph (1)(A) (as designated by paragraph (1)), 
     by striking ``Not less than 67 percent'' and all that follows 
     through ``Monies'' and inserting the following:
       ``(B) Use of donated amounts.--Amounts''; and
       (3) by adding at the end the following:
       ``(2) Restrictions.--The Secretary may not directly or 
     indirectly require a donation or other payment (including 
     environmental restoration or mitigation fees not otherwise 
     provided by law) to the Restoration Fund--
       ``(A) as a condition of--
       ``(i) providing for the storage or conveyance of non-
     Central Valley Project water pursuant to Federal reclamation 
     laws; or
       ``(ii) the delivery of water pursuant to section 215 of the 
     Reclamation Reform Act of 1982 (Public Law 97-293; 96 Stat. 
     1270); or
       ``(B) for any water that is delivered with the sole intent 
     of groundwater recharge.''.
       (b) Certain Payments.--Section 3407(c)(1) of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4726) is amended--
       (1) by striking ``mitigation and restoration payments, in 
     addition to charges provided for or'' and inserting 
     ``payments, in addition to charges''; and
       (2) by striking ``of fish, wildlife'' and all that follows 
     through the period and inserting ``of carrying out this 
     title.''.
       (c) Adjustment and Assessment of Mitigation and Restoration 
     Payments.--Section 3407(d) of the Central Valley Project 
     Improvement Act (Public Law 102-575; 106 Stat. 4727) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by striking ``, and $12 per acre-foot (October 1992 
     price levels) for municipal and industrial water sold and 
     delivered by the Central Valley Project'' and inserting ``$12 
     per acre-foot (October 1992 price levels) for municipal and 
     industrial water sold and delivered by the Central Valley 
     Project, and after October 1, 2013, $4 per megawatt-hour for 
     Central Valley Project power sold to power contractors 
     (October 2013 price levels)''; and
       (B) by inserting `` but not later than December 31, 2020,'' 
     after ``That upon the completion of the fish, wildlife, and 
     habitat mitigation and restoration actions mandated under 
     section 3406 of this title,''; and
       (2) by adding at the end the following:
       ``(g) Report on Expenditure of Funds.--
       ``(1) In general.--For each fiscal year, the Secretary, in 
     consultation with the Advisory Board, shall submit to 
     Congress a plan for the expenditure of all of the funds 
     deposited in the Restoration Fund during the preceding fiscal 
     year.
       ``(2) Contents.--The plan shall include an analysis of the 
     cost-effectiveness of each expenditure.
       ``(h) Advisory Board.--
       ``(1) Establishment.--There is established the Restoration 
     Fund Advisory Board (referred to in this section as the 
     `Advisory Board'), which shall be composed of 12 members 
     appointed by the Secretary.
       ``(2) Membership.--
       ``(A) In general.--The Secretary shall appoint members to 
     the Advisory Board that represent the various Central Valley 
     Project stakeholders, of whom--
       ``(i) 4 members shall be agricultural users of the Central 
     Valley Project;
       ``(ii) 3 members shall be municipal and industrial users of 
     the Central Valley Project;
       ``(iii) 3 members shall be power contractors of the Central 
     Valley Project; and
       ``(iv) 2 members shall be appointed at the discretion of 
     the Secretary.
       ``(B) Observers.--The Secretary and the Secretary of 
     Commerce may each designate a representative to act as an 
     observer of the Advisory Board.
       ``(C) Chairman.--The Secretary shall appoint 1 of the 
     members described in subparagraph (A) to serve as Chairman of 
     the Advisory Board.
       ``(3) Terms.--The term of each member of the Advisory Board 
     shall be for a period of 4 years.
       ``(4) Duties.--The duties of the Advisory Board are--
       ``(A) to meet not less frequently than semiannually to 
     develop and make recommendations to the Secretary regarding 
     priorities and spending levels on projects and programs 
     carried out under this title;
       ``(B) to ensure that any advice given or recommendation 
     made by the Advisory Board reflects the independent judgment 
     of the Advisory Board;
       ``(C) not later than December 31, 2013, and annually 
     thereafter, to submit to the Secretary and Congress the 
     recommendations under subparagraph (A); and
       ``(D) not later than December 31, 2013, and biennially 
     thereafter, to submit to Congress a report that details the 
     progress made in achieving the actions required under section 
     3406.
       ``(5) Administration.--With the consent of the appropriate 
     agency head, the Advisory Board may use the facilities and 
     services of any Federal agency.''.

     SEC. 717. ADDITIONAL AUTHORITIES.

       (a) Authority for Certain Activities.--Section 3408 of the 
     Central Valley Project Improvement Act (Public Law 102-575; 
     106 Stat. 4728) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Contracts for Additional Storage and Delivery of 
     Water.--
       ``(1) In general.--The Secretary may enter into contracts 
     under the reclamation laws and this title with any Federal 
     agency, California water user or water agency, State agency, 
     or private organization for the exchange, impoundment, 
     storage, carriage, and delivery of nonproject water for 
     domestic, municipal, industrial, fish and wildlife, and any 
     other beneficial purpose.
       ``(2) Limitation.--Nothing in this subsection supersedes 
     section 2(d) of the Act of August 26, 1937 (chapter 832; 50 
     Stat. 850; 100 Stat. 3051).
       ``(3) Authority for certain activities.--The Secretary 
     shall use the authority granted by this subsection in 
     connection with requests to exchange, impound, store, carry, 
     or deliver nonproject water using Central Valley Project 
     facilities for any beneficial purpose.
       ``(4) Rates.--
       ``(A) In general.--The Secretary shall develop rates not to 
     exceed the amount required to recover the reasonable costs 
     incurred by the Secretary in connection with a beneficial 
     purpose under this subsection.
       ``(B) Administration.--The rates shall be charged to a 
     party using Central Valley Project facilities for a 
     beneficial purpose, but the costs described in subparagraph 
     (A) shall not include any donation or other payment to the 
     Restoration Fund.
       ``(5) Construction.--This subsection shall be construed and 
     implemented to facilitate and encourage the use of Central 
     Valley Project facilities to exchange, impound, store, carry, 
     or deliver nonproject water for any beneficial purpose.''.
       (b) Reporting Requirements.--Section 3408(f) of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4729) is amended--
       (1) in the first sentence, by striking ``Interior and 
     Insular Affairs and the Committee on Merchant Marine and 
     Fisheries'' and inserting ``Natural Resources'';
       (2) in the second sentence, by inserting ``, including 
     progress on the plan under subsection (j)'' before the period 
     at the end; and
       (3) by adding at the end the following: ``The filing and 
     adequacy of the report shall be personally certified to the 
     Committees by the Regional Director of the Mid-Pacific Region 
     of the Bureau of Reclamation.''.
       (c) Project Yield Increase.--Section 3408(j) of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4730) is amended--
       (1) by redesignating paragraphs (1) through (7) as 
     subparagraphs (A) through (G), respectively, and indenting 
     appropriately;

[[Page S6816]]

       (2) by striking ``In order to minimize adverse effects, if 
     any, upon'' and inserting the following:
       ``(1) In general.--In order to minimize adverse effects 
     upon'';
       (3) in the second sentence, by striking ``The plan'' and 
     all that follows through ``options:'' and inserting the 
     following:
       ``(2) Contents.--The plan shall include recommendations on 
     appropriate cost-sharing arrangements and authorizing 
     legislation or other measures needed to implement the intent, 
     purposes, and provisions of this subsection, as well as a 
     description of how the Secretary intends to use--'';
       (4) in paragraph (1) (as designated by paragraph (2))--
       (A) by striking ``needs, the Secretary, shall'' and all 
     that follows through ``to the Congress,'' and inserting 
     ``needs, the Secretary, on a priority basis and not later 
     than September 30, 2013, shall submit to Congress''; and
       (B) by striking ``increase,'' and all that follows through 
     ``under this title'' and inserting ``increase, as soon as 
     practicable, but not later than September 30, 2016 (except 
     that the construction of new facilities shall not be limited 
     by that deadline), the water of the Central Valley Project by 
     the quantity dedicated and managed for fish and wildlife 
     purposes under this title and otherwise required to meet the 
     purposes of the Central Valley Project, including satisfying 
     contractual obligations'';
       (5) in paragraph (2)(A) (as designated by paragraph (1)), 
     by inserting ``and construction of new water storage 
     facilities'' before the semicolon;
       (6) in paragraph (2)(F) (as designated by paragraph (1)), 
     by striking ``and'' at the end;
       (7) in paragraph (2)(G) (as designated by paragraph (1)), 
     by striking the period and all that follows through the end 
     of the subsection and inserting ``; and''; and
       (8) by adding after paragraph (2)(G) the following:
       ``(H) water banking and recharge.
       ``(3) Implementation of plan.--
       ``(A) In general.--The Secretary shall implement the plan 
     under paragraph (1) beginning on October 1, 2013.
       ``(B) Coordination.--In carrying out this subsection, the 
     Secretary shall coordinate with the State of California in 
     implementing measures for the long-term resolution of 
     problems in the San Francisco Bay/Sacramento-San Joaquin 
     Delta Estuary.
       ``(4) Failure of plan.--Notwithstanding any other provision 
     of the reclamation laws, if by September 30, 2016, the plan 
     under paragraph (1) fails to increase the annual delivery 
     capability of the Central Valley Project by 800,000 acre-
     feet, implementation of any nonmandatory action under section 
     3406(b)(2) shall be suspended until the date on which the 
     plan achieves an increase in the annual delivery capability 
     of the Central Valley Project of 800,000 acre-feet.''.
       (d) Technical Corrections.--Section 3408(h) of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4729) is amended--
       (1) in paragraph (1), by striking ``paragraph (h)(2)'' and 
     inserting ``paragraph (2)''; and
       (2) in paragraph (2), by striking ``paragraph (h)(i)'' and 
     inserting ``paragraph (1)''.
       (e) Water Storage Project Construction.--
       (1) In general.--The Secretary of the Interior, acting 
     through the Commissioner of Reclamation, may partner or enter 
     into an agreement relating to the water storage projects 
     described in section 103(d)(1) of the Water Supply, 
     Reliability, and Environmental Improvement Act (Public Law 
     108-361; 118 Stat. 1684) with local joint powers authorities 
     formed under State law by irrigation districts and other 
     local governments or water districts within the applicable 
     hydrological region to advance those water storage projects.
       (2) No additional federal amounts.--
       (A) In general.--Subject to subparagraph (B), no additional 
     Federal amounts are authorized to be appropriated to carry 
     out the activities described in clauses (i) through (iii) of 
     sections 103(d)(1)(A) of the Water Supply, Reliability, and 
     Environmental Improvement Act (Public Law 108-361; 118 Stat. 
     1684) Public Law 108-361.
       (B) Exception.--Additional Federal amounts may be 
     appropriated for construction of a project described in 
     subparagraph (A) if non-Federal amounts are used to finance 
     and construct the project.

     SEC. 718. BAY-DELTA ACCORD.

       (a) Congressional Direction Regarding Central Valley 
     Project and California State Water Project Operations.--
       (1) In general.--The Central Valley Project and the 
     California State Water Project shall be operated strictly in 
     accordance with the water quality standards and operational 
     constraints described in the ``Principles for Agreement on 
     the Bay-Delta Standards Between the State of California and 
     the Federal Government'' dated December 15, 1994.
       (2) Applicability of other law.--The Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.) and other applicable law 
     shall not apply to operations described in paragraph (1).
       (3) Implementation.--Implementation of the ``Principles for 
     Agreement on the Bay-Delta Standards Between the State of 
     California and the Federal Government'' dated December 15, 
     1994, shall be in strict compliance with the water rights 
     priority system and statutory protections for areas of 
     origin.
       (b) Application of Laws to Others.--
       (1) In general.--As a condition of the receipt of Federal 
     amounts for the Central Valley Project and the California 
     State Water Project, the State of California (including any 
     agency or board of the State of California), on any water 
     right obtained pursuant to State law, including a pre-1914 
     appropriative right, shall not--
       (A) impose any condition that restricts the exercise of 
     that water right that is affected by operations of the 
     Central Valley Project or California State Water Project;
       (B) restrict under the Public Trust Doctrine any public 
     trust value imposed in order to conserve, enhance, recover, 
     or otherwise protect any species.
       (2) Federal agencies.--The prohibition under paragraph 
     (1)(A) shall apply to Federal agencies.
       (c) Costs.--No cost associated with the implementation of 
     this section shall be imposed directly or indirectly on any 
     Central Valley Project contractor, or any other person or 
     entity, unless those costs are incurred on a voluntary basis.
       (d) Native Species Protection.--This section preempts any 
     law of the State California law restricting the quantity or 
     size of a nonnative fish that is taken or harvested that 
     preys on 1 or more native fish species that occupy the 
     Sacramento and San Joaquin Rivers and the tributaries of 
     those rivers or the Sacramento-San Joaquin Rivers Delta.

     SEC. 719. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.

       After the date of enactment of this Act, and regardless of 
     the date of listing, the Secretaries of the Interior and 
     Commerce shall not distinguish between natural-spawned and 
     hatchery-spawned (or otherwise artificially propagated 
     strains of a species) in making any determination under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that 
     relates to an anadromous fish species present in the 
     Sacramento and San Joaquin Rivers or the tributaries of those 
     rivers and that ascends those rivers and tributaries to 
     reproduce after maturing in San Francisco Bay or the Pacific 
     Ocean.

     SEC. 720. AUTHORIZED SERVICE AREA.

       (a) In General.--The Secretary of the Interior, acting 
     through the Commissioner of Reclamation, shall include in the 
     service area of the Central Valley Project authorized under 
     the Central Valley Project Improvement Act (Public Law 102-
     575; 106 Stat. 4706) the area within the boundaries of the 
     Kettleman City Community Services District, California, as 
     those boundaries are defined as of the date of enactment of 
     this Act.
       (b) Long-term Contract.--
       (1) In general.--Notwithstanding the Central Valley Project 
     Improvement Act (Public Law 102-575; 106 Stat. 4706) and 
     subject to paragraph (2), the Secretary, in accordance with 
     the reclamation laws, shall enter into a long-term contract 
     with the Kettleman City Community Services District or the 
     delivery of not more than 900 acre-feet of Central Valley 
     Project water for municipal and industrial use.
       (2) Reduction in contract.--The Secretary may temporarily 
     reduce deliveries of the quantity of water made available 
     under paragraph (1) by not more than 25 percent of the total 
     whenever reductions due to hydrologic circumstances are 
     imposed on agricultural deliveries of Central Valley Project 
     water.
       (c) Additional Cost.--If any additional infrastructure or 
     related costs are needed to implement this section, those 
     costs shall be the responsibility of the non-Federal entity.

     SEC. 721. REGULATORY STREAMLINING.

       (a) Definitions.--In this section:
       (1) CVP.--The term ``CVP'' means the Central Valley 
     Project.
       (2) Project.--The term ``project''--
       (A) means an activity that--
       (i) is undertaken by a public agency, funded by a public 
     agency, or requires the issuance of a permit by a public 
     agency;
       (ii) has a potential to result in a physical change to the 
     environment; and
       (iii) may be subject to several discretionary approvals by 
     governmental agencies;
       (B) may include construction activities, clearing or 
     grading of land, improvements to existing structures, and 
     activities or equipment involving the issuance of a permit; 
     or
       (C) has the meaning given the term defined in section 21065 
     of the California Public Resource Code.
       (b) Applicability of Certain Laws.--The filing of a notice 
     of determination or a notice of exemption for any project, 
     including the issuance of a permit under State law, for any 
     project of the CVP or the delivery of water from the CVP in 
     accordance with the California Environmental Quality Act 
     shall be considered to meet the requirements for that project 
     or permit under section 102(2)(C) of the National 
     Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)).
       (c) Continuation of Project.--The Bureau of Reclamation 
     shall not be required to cease or modify any major Federal 
     action or other activity for any project of the CVP or the 
     delivery of water from the CVP pending completion of judicial 
     review of any determination made under the National 
     Environmental Protection Act of 1969 (42 U.S.C. 4321 et 
     seq.).

               Subtitle B--San Joaquin River Restoration

     SEC. 731. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.

       As of the date of enactment of this Act, the Secretary 
     shall cease any action to implement the Stipulation of 
     Settlement, Natural Resources Defense Council, Inc. v. 
     Rodgers, No. Civ. S-88-1658 LKK/GGH (E.D. Cal. Sept. 13, 
     2006).

[[Page S6817]]

     SEC. 732. PURPOSE.

       Section 10002 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1349) is amended 
     by striking ``implementation of the Settlement'' and 
     inserting ``restoration of the San Joaquin River''.

     SEC. 733. DEFINITIONS.

       Section 10003 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1349) is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (2) by striking paragraph (1) and inserting the following:
       ``(1) Critical water year.--The term `critical water year' 
     means a year in which the total unimpaired runoff at Friant 
     Dam is less than 400,000 acre-feet, as forecasted as of March 
     1 of that water year by the California Department of Water 
     Resources.
       ``(2) Restoration flows.--The term `Restoration Flows' 
     means the additional water released or bypassed from Friant 
     Dam to ensure that the target flow entering Mendota Pool, 
     located approximately 62 river miles downstream from Friant 
     Dam, does not fall below a speed of 50 cubic feet per 
     second.''; and
       (3) by striking paragraph (4) (as redesignated by paragraph 
     (1)) and inserting the following:
       ``(4) Water year.--The term `water year' means the period 
     beginning March 1 of a given year and ending on the last day 
     of February of the following calendar year.''.

     SEC. 734. IMPLEMENTATION OF RESTORATION.

       Section 10004 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1350) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``hereby authorized and directed'' and all 
     that follows through ``in the Settlement:'' and inserting 
     ``may carry out the following:'';
       (B) by striking paragraphs (1), (2), (4), and (5);
       (C) by redesignating paragraph (3) as paragraph (1);
       (D) in paragraph (1) (as redesignated by subparagraph (C)), 
     by striking ``paragraph 13 of the Settlement'' and inserting 
     ``this part''; and
       (E) by adding at the end the following :
       ``(2) In each water year, beginning in the water year 
     commencing on March 1, 2013, the Secretary--
       ``(A) shall modify Friant Dam operations to release the 
     Restoration Flows for that water year, unless the year is a 
     critical water year;
       ``(B) shall ensure that--
       ``(i) the release of Restoration Flows are maintained at 
     the level prescribed by this part; and
       ``(ii) Restoration Flows do not reach downstream of Mendota 
     Pool;
       ``(C) shall release the Restoration Flows in a manner that 
     improves the fishery in the San Joaquin River below Friant 
     Dam and upstream of Gravelly Ford, Nevada, as in existence on 
     the date of the enactment of the Sacramento and San Joaquin 
     Valleys Water Reliability Act, including the associated 
     riparian habitat; and
       ``(D) may, without limiting the actions required under 
     subparagraphs (A) and (C) and subject to paragraph (3) and 
     subsection (l), use the Restoration Flows to enhance or 
     restore a warm water fishery downstream of Gravelly Ford, 
     Nevada, including to Mendota Pool, if the Secretary 
     determines that the action is reasonable, prudent, and 
     feasible.
       ``(3) Not later than 1 year after the date of enactment of 
     the Sacramento and San Joaquin Valleys Water Reliability Act, 
     the Secretary shall develop and implement, in cooperation 
     with the State of California, a reasonable plan--
       ``(A) to fully recirculate, recapture, reuse, exchange, or 
     transfer all Restoration Flows; and
       ``(B) to provide the recirculated, recaptured, reused, 
     exchanged, or transferred flows to those contractors within 
     the Friant Division, Hidden Unit, and Buchanan Unit of the 
     Central Valley Project that relinquished the Restoration 
     Flows that were recirculated, recaptured, reused, exchanged, 
     or transferred.
       ``(4) The plan described in paragraph (3) shall--
       ``(A) address any impact on groundwater resources within 
     the service area of the Friant Division, Hidden Unit, and 
     Buchanan Unit of the Central Valley Project and mitigation 
     may include groundwater banking and recharge projects;
       ``(B) not impact the water supply or water rights of any 
     entity outside the Friant Division, Hidden Unit, and Buchanan 
     Unit of the Central Valley Project; and
       ``(C) be subject to applicable provisions of California 
     water law and the use by the Secretary of the Interior of 
     Central Valley Project facilities to make Project water 
     (other than water released from Friant Dam under this part) 
     and water acquired through transfers available to existing 
     south of Delta Central Valley Project contractors.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``the Settlement'' and 
     inserting ``this part''; and
       (B) in paragraph (2), by striking ``the Settlement'' and 
     inserting ``this part'';
       (3) in subsection (c), by striking ``the Settlement'' and 
     inserting ``this part'';
       (4) by striking subsection (d) and inserting the following:
       ``(d) Mitigation of Impacts.--
       ``(1) In general.--Not later than October 1, 2013 and 
     subject to paragraph (2), the Secretary shall identify--
       ``(A) the impacts associated with the release of 
     Restoration Flows prescribed in this part; and
       ``(B) the measures to be implemented to mitigate impacts on 
     adjacent and downstream water users, landowners, and agencies 
     as a result of Restoration Flows.
       ``(2) Mitigation measures.--Before implementing a decision 
     or agreement to construct, improve, operate, or maintain a 
     facility that the Secretary determines is necessary to 
     implement this part, the Secretary shall implement all 
     mitigation measures identified in paragraph (1)(B) before the 
     date on which Restoration Flows are commenced.'';
       (5) in subsection (e), by striking ``the Settlement'' and 
     inserting ``this part'';
       (6) in subsection (f), by striking ``the Settlement and 
     section 10011'' and inserting ``this part'';
       (7) in subsection (g)--
       (A) by striking ``the Settlement and''; and
       (B) by striking ``or exchange contract'' and inserting 
     ``exchange contract, water rights settlement, or holding 
     contract'';
       (8) in subsection (h)--
       (A) by striking ``Interim'' in the header;
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Interim Flows under the Settlement'' and inserting 
     ``Restoration Flows under this part'';
       (ii) in subparagraph (C)--

       (I) in clause (i), by striking ``Interim'' and inserting 
     ``Restoration''; and
       (II) in clause (ii), by inserting ``and'' after the 
     semicolon;

       (iii) in subparagraph (D), by striking ``and'' at the end; 
     and
       (iv) by striking subparagraph (E);
       (C) by striking paragraph (2) and inserting the following:
       ``(2) Conditions for release.--The Secretary may release 
     Restoration Flows to the extent that the flows would not 
     exceed existing downstream channel capacities.'';
       (D) in paragraph (3), by striking ``Interim'' and inserting 
     ``Restoration''; and
       (E) by striking paragraph (4) and inserting the following:
       ``(4) Claims.--Not later than 60 days after the date of 
     enactment of the Sacramento and San Joaquin Valleys Water 
     Reliability Act, the Secretary shall issue, by regulation, a 
     claims process to address claims, including groundwater 
     seepage, flooding, or levee instability damages caused as a 
     result of, arising out of, or related to implementation of 
     this subtitle.'';
       (9) in subsection (i)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the Settlement and parts I and III'' and inserting ``this 
     part'';
       (ii) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (iii) in subparagraph (B)--

       (I) by striking ``additional amounts authorized to be 
     appropriated, including the''; and
       (II) by striking ``; and'' and inserting a period; and

       (iv) by striking subparagraph (C); and
       (B) by striking paragraph (3); and
       (10) by adding at the end the following:
       ``(k) No Impacts on Other Interests.--
       ``(1) In general.--No Central Valley Project or other water 
     (other than San Joaquin River water impounded by or bypassed 
     from Friant Dam) shall be used to implement subsection (a)(2) 
     unless the use is on a voluntary basis.
       ``(2) Involuntary costs.--No cost associated with the 
     implementation of this section shall be imposed directly or 
     indirectly on any Central Valley Project contractor, or any 
     other person or entity, outside the Friant Division, the 
     Hidden Unit, or the Buchanan Unit, unless the cost is 
     incurred on a voluntary basis.
       ``(3) Reduction in water supplies.--The implementation of 
     this part shall not directly or indirectly reduce any water 
     supply or water reliability on any Central Valley Project 
     contractor, any State Water Project contractor, or any other 
     person or entity, outside the Friant Division, the Hidden 
     Unit, or the Buchanan Unit, unless the reduction or cost is 
     incurred on a voluntary basis.
       ``(l) Priority.--Each action taken under this part shall be 
     subordinate to the use by the Secretary of Central Valley 
     Project facilities to make Project water available to Project 
     contractors, other than water released from the Friant Dam 
     under this part.
       ``(m) Applicability.--
       ``(1) In general.--Notwithstanding section 8 of the Act of 
     June 17, 1902 (32 Stat. 390, chapter 1093), except as 
     provided in this part and subtitle D of the Sacramento and 
     San Joaquin Valleys Water Reliability Act, this part--
       ``(A) preempts and supersedes any State law, regulation, or 
     requirement that imposes more restrictive requirements or 
     regulations on the activities authorized under this part; and
       ``(B) does not alter or modify any obligation of the Friant 
     Division, Hidden Unit, and Buchanan Unit of the Central 
     Valley Project, or other water users on the San Joaquin 
     River, or tributaries of the San Joaquin River, under any 
     order issued by the State Water Resources Control Board under 
     the Porter-Cologne Water Quality Control Act (California 
     Water Code section 13000 et seq.).
       ``(2) Applicability.--An order described in paragraph 
     (1)(B) shall be consistent with any

[[Page S6818]]

     congressional authorization for any affected Federal facility 
     relating to the Central Valley Project.
       ``(n) Project Implementation.--Any project to implement 
     this part shall be phased such that each project shall 
     include--
       ``(1) the project purpose and need;
       ``(2) identification of mitigation measures;
       ``(3) appropriate environmental review; and
       ``(4) prior to releasing Restoration Flows under this part 
     the completion of the any required mitigation measures and 
     the completion of the project.''.

     SEC. 735. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.

       Section 10005 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1353) is 
     amended--
       (1) in subsection (a), by striking ``the Settlement 
     authorized by this part'' and inserting ``this part'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``(1) In general.--The Secretary'' and 
     inserting ``The Secretary''; and
       (ii) by striking ``the Settlement authorized by this part'' 
     and inserting ``this part''; and
       (B) by striking paragraph (2); and
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``the Settlement'' and 
     inserting ``this part'';
       (B) in paragraph (2)--
       (i) by striking ``through the exercise of its eminent 
     domain authority''; and
       (ii) by striking ``the Settlement'' and inserting ``this 
     part''; and
       (C) in paragraph (3), by striking ``section 10009(c)'' and 
     inserting ``section 10009''.

     SEC. 736. COMPLIANCE WITH APPLICABLE LAW.

       Section 10006 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1354) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, unless otherwise 
     provided by this part'' before the period at the end; and
       (B) in paragraph (2), by striking ``the Settlement'' and 
     inserting ``this part'';
       (2) in subsection (b), by inserting ``, unless otherwise 
     provided by this part'' before the period at the end;
       (3) in subsection (c)--
       (A) in paragraph (2), by striking ``section 10004'' and 
     inserting ``this part''; and
       (B) in paragraph (3), by striking ``the Settlement'' and 
     inserting ``this part''; and
       (4) in subsection (d)--
       (A) by inserting ``, including, without limitation, the 
     costs of implementing subsections (d) and (h)(4) of section 
     10004,'' after ``implementing this part''; and
       (B) by striking ``for implementation of the Settlement,''.

     SEC. 737. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT 
                   ACT.

       Section 10007 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1354) is 
     amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``the Settlement'' and inserting ``the 
     enactment of this part''; and
       (B) by inserting: ``and the obligations of the Secretary 
     and all other parties to protect and keep in good condition 
     any fish that may be planted or exist below Friant Dam, 
     including any obligations under section 5937 of the 
     California Fish and Game Code and the public trust doctrine, 
     and those of the Secretary and all other parties under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)'' 
     before ``, provided''; and
       (2) in paragraph (1), by striking ``, as provided in the 
     Settlement''.

     SEC. 738. NO PRIVATE RIGHT OF ACTION.

       Section 10008(a) of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1355) is 
     amended--
       (1) by striking ``not a party to the Settlement''; and
       (2) by striking ``or the Settlement'' and inserting 
     ``unless otherwise provided by this part, but any Central 
     Valley Project long-term water service or repayment 
     contractor within the Friant Division, Hidden unit, or 
     Buchanan unit adversely affected by the failure of the 
     Secretary to comply with section 10004(a)(3) may bring an 
     action against the Secretary for injunctive relief, damages, 
     or both.''.

     SEC. 739. IMPLEMENTATION.

       Section 10009 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1355) is 
     amended--
       (1) in the section heading, by striking ``; SETTLEMENT 
     FUND'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``the Settlement'' the first place it 
     appears and inserting ``this part'';
       (ii) by striking ``, estimated to total'' and all that 
     follows through ``subsection (b)(1),''; and
       (iii) by striking ``; provided however,'' and all that 
     follows through ``$110,000,000 of State funds'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``(A) In general.--The 
     Secretary'' and inserting ``The Secretary''; and
       (ii) by striking subparagraph (B); and
       (C) in paragraph (3)--
       (i) by striking ``Except as provided in the Settlement, 
     to'' and inserting ``To''; and
       (ii) by striking ``this Settlement'' and inserting ``this 
     part'';
       (3) in subsection (b)(1)--
       (A) by striking ``In addition'' and all that follows 
     through ``however, that the'' and inserting ``The'';
       (B) by striking ``such additional appropriations only in 
     amounts equal to''; and
       (C) by striking ``or the Settlement'';
       (4) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the Settlement'' and inserting ``this part'';
       (ii) in subparagraph (C), by striking ``from the sale of 
     water pursuant to the Settlement, or''; and
       (iii) in subparagraph (D), by striking ``the Settlement'' 
     and inserting ``this part'';
       (B) in paragraph (2), by striking ``the Settlement and''; 
     and
       (5) by striking subsections (d) through (f).

     SEC. 740. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT 
                   OF CONSTRUCTION COSTS.

       Section 10010 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1358) is 
     amended--
       (1) in paragraphs (3)(D) and (4)(C) of subsection (a), by 
     striking ``the Settlement and'' each place it appears;
       (2) in subsection (c), by striking paragraph (3);
       (3) in subsection (d)(1), by striking ``the Settlement'' 
     each place it appears and inserting ``this part'';
       (4) in subsection (e)--
       (A) in paragraph (1)--
       (i) by striking ``Interim Flows or Restoration Flows, 
     pursuant to paragraphs 13 or 15 of the Settlement'' and 
     inserting ``Restoration Flows, pursuant to this part'';
       (ii) by striking ``Interim Flows or'' before ``Restoration 
     Flows''; and
       (iii) by striking ``the Interim Flows or Restoration Flows 
     or is intended to otherwise facilitate the Water Management 
     Goal, as described in the Settlement'' and inserting 
     ``Restoration Flows''; and
       (B) in paragraph (2)--
       (i) by striking ``except as provided in paragraph 16(b) of 
     the Settlement''; and
       (ii) by striking ``the Interim Flows or Restoration Flows 
     or to facilitate the Water Management Goal'' and inserting 
     ``Restoration Flows''.

     SEC. 741. REPEAL.

       Section 10011 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1362) is 
     repealed.

     SEC. 742. WATER SUPPLY MITIGATION.

       Section 10202(b) of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1365) is 
     amended--
       (1) in paragraph (1), by striking ``the Interim or 
     Restoration Flows authorized in part I of this subtitle'' and 
     inserting ``Restoration Flows authorized in this part'';
       (2) in paragraph (2), by striking ``the Interim or 
     Restoration Flows authorized in part I of this subtitle'' and 
     inserting ``Restoration Flows authorized in this part''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking ``meet the Restoration 
     Goal as described in part I of this subtitle'' and inserting 
     ``recover Restoration Flows as described in this part'';
       (B) in subparagraph (C)--
       (i) by striking ``the Interim or Restoration Flows 
     authorized in part I of this subtitle'' and inserting 
     ``Restoration Flows authorized in this part''; and
       (ii) by striking ``, and for ensuring appropriate 
     adjustment in the recovered water account pursuant to section 
     10004(a)(5)''.

     SEC. 743. ADDITIONAL AUTHORITIES.

       Section 10203 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1367) is 
     amended--
       (1) in subsection (b)--
       (A) by striking ``section 10004(a)(4)'' and inserting 
     ``section 10004(a)(3)''; and
       (B) by striking ``, provided'' and all that follows through 
     ``section 10009(f)(2)''; and
       (2) by striking subsection (c).

   Subtitle C--Repayment Contracts and Acceleration of Repayment of 
                           Construction Costs

     SEC. 751. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT 
                   OF CONSTRUCTION COSTS.

       (a) Conversion of Contracts.--
       (1) Certain contracts.--
       (A) In general.--Not later than 1 year after the date 
     enactment of this Act, the Secretary of the Interior, on the 
     request of a contractor, shall convert all existing long-term 
     Central Valley Project contracts entered into under section 
     9(e) of the Act of August 4, 1939 (53 Stat. 1196, chapter 
     418), to a contract under section 9(d) of that Act (53 Stat. 
     1195), under mutually agreeable terms and conditions.
       (B) Restrictions.--A contract converted under subparagraph 
     (A) shall--
       (i) require the repayment, either in lump sum or by 
     accelerated prepayment, of the remaining amount of 
     construction costs identified in the most current version of 
     the Central Valley Project Schedule of Irrigation Capital 
     Allocations by Contractor, as adjusted to reflect payments 
     not reflected in that schedule and properly assignable for 
     ultimate return by the contractor, not later than January 31, 
     2013 (or if made in approximately equal annual installments, 
     not later than January 31, 2016), which amount shall be 
     discounted by the Treasury rate (defined as the 20-year 
     Constant Maturity Treasury rate published by the Department 
     of the Treasury as of October 1, 2012);
       (ii) require that, notwithstanding subsection (c)(2), 
     construction costs or other capitalized costs incurred after 
     the effective date of the converted contract or not reflected 
     in the schedule described in clause (i) and properly 
     assignable to that contractor, shall be repaid--

[[Page S6819]]

       (I) in not more than 5 years after the date on which the 
     contractor is notified of the allocation if that amount is a 
     result of a collective annual allocation of capital costs to 
     the contractors exercising contract conversions under this 
     subsection of less than $5,000,000; or
       (II) if the allocation of capital costs described in 
     subclause (I) equal $5,000,000 or more, as provided by 
     applicable reclamation law, subject to the condition that the 
     reference to the amount of $5,000,000 shall not be a 
     precedent in any other context; and

       (iii) provide that power revenues will not be available to 
     aid in the repayment of construction costs allocated to 
     irrigation under the contract.
       (C) Estimate.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     provide to each contractor an estimate of the remaining 
     amount of construction costs under subparagraph (B)(i) as of 
     January 31, 2013, as adjusted.
       (2) Other contracts.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, on the request of a contractor, the 
     Secretary may convert any Central Valley Project long-term 
     contract entered into under section 9(c)(2) of the Act of 
     August 4, 1939 (chapter 418; 53 Stat. 1194) to a contract 
     under section 9(c)(1) of that Act, under mutually agreeable 
     terms and conditions.
       (B) Restrictions.--A contract converted under subparagraph 
     (A) shall--
       (i) require the repayment in lump sum of the remaining 
     amount of construction costs identified in the most current 
     version of the Central Valley Project Schedule of Municipal 
     and Industrial Water Rates, as adjusted to reflect payments 
     not reflected in that schedule and properly assignable for 
     ultimate return by the contractor, not later than January 31, 
     2016; and
       (ii) require that, notwithstanding subsection (c)(2), 
     construction costs or other capitalized costs incurred after 
     the effective date of the contract or not reflected in the 
     Schedule described in clause (i), and properly assignable to 
     that contractor, shall be repaid--

       (I) in not more than 5 years after the date on which the 
     contractor is notified of the allocation if the amount is a 
     result of a collective annual allocation of capital costs to 
     the contractors exercising contract conversions under this 
     subsection of less than $5,000,000; or
       (II) if the allocation of capital costs described in 
     subclause (I) equal $5,000,000 or more, as provided by 
     applicable reclamation law, subject to the condition that the 
     reference to the amount of $5,000,000 shall not be a 
     precedent in any other context.

       (C) Estimate.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     provide to each contractor an estimate of the remaining 
     amount of construction costs under subparagraph (B)(i) as of 
     January 31, 2016, as adjusted.
       (b) Final Adjustment.--
       (1) In general.--The amounts paid pursuant to subsection 
     (a) shall be subject to adjustment following a final cost 
     allocation by the Secretary of the Interior on completion of 
     the construction of the Central Valley Project.
       (2) Repayment obligation.--
       (A) In general.--If the final cost allocation indicates 
     that the costs properly assignable to the contractor are 
     greater than the amount that has been paid by the contractor, 
     the contractor shall pay the remaining allocated costs.
       (B) Terms.--The term of an additional repayment contract 
     described in subparagraph (A) shall be--
       (i) for not less than 1 year and not more than 10 years; 
     and
       (ii) based on mutually agreeable provisions regarding the 
     rate of repayment of the amount developed by the parties.
       (3) Credits.--If the final cost allocation indicates that 
     the costs properly assignable to the contractor are less than 
     the amount that the contractor has paid, the Secretary of the 
     Interior shall credit the amount of the overpayment as an 
     offset against any outstanding or future obligation of the 
     contractor.
       (c) Applicability of Certain Provisions.--
       (1) In general.--Notwithstanding any repayment obligation 
     under subsection (a)(1)(B)(ii) or subsection (b), on the 
     compliance of a contractor with and discharge of the 
     obligation of repayment of the construction costs under that 
     subsection, the ownership and full-cost pricing limitations 
     of any provision of the reclamation laws shall not apply to 
     land in that district.
       (2) Other contracts.--Notwithstanding any repayment 
     obligation under paragraph (1)(B)(ii) or (2)(B)(ii) of 
     subsection (a) or subsection (b), on the compliance of a 
     contractor with and discharge of the obligation of repayment 
     of the construction costs under that subsection, the 
     contractor shall continue to pay applicable operation and 
     maintenance costs and other charges applicable to the 
     repayment contracts pursuant to then-current rate-setting 
     policy and applicable law.
       (d) Certain Repayment Obligations Not Altered.--This 
     section does not--
       (1) alter the repayment obligation of any other long-term 
     water service or repayment contractor receiving water from 
     the Central Valley Project; or
       (2) shift any costs that would otherwise have been properly 
     assignable to a contractor absent this section, including 
     operations and maintenance costs, construction costs, or 
     other capitalized costs incurred after the date of enactment 
     of this Act, to other contractors.
       (e) Statutory Interpretation.--Nothing in this subtitle 
     affects the right of any long-term contractor to use a 
     particular type of financing to make the payments required in 
     paragraph (1)(B)(i) or (2)(B)(i) of subsection (a).

     Subtitle D--Bay-Delta Watershed Water Rights Preservation and 
                               Protection

     SEC. 761. WATER RIGHTS AND AREA-OF-ORIGIN PROTECTIONS.

       Notwithstanding the provisions of this title, Federal 
     reclamation law, or the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.)--
       (1) the Secretary of the Interior shall, in the operation 
     of the Central Valley Project--
       (A) strictly adhere to State water rights law governing 
     water rights priorities by honoring water rights senior to 
     those belonging to the Central Valley Project, regardless of 
     the source of priority; and
       (B) strictly adhere to and honor water rights and other 
     priorities that are obtained or exist pursuant to the 
     California Water Code, including sections 10505, 10505:5, 
     11128, 11460, 11463, and 12220; and
       (2) any action that affects the diversion of water or 
     involves the release of water from any Central Valley Project 
     water storage facility taken by the Secretary of the Interior 
     or the Secretary of Commerce to conserve, enhance, recover, 
     or otherwise protect any species listed under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be applied 
     in a manner that is consistent with water right priorities 
     established by State law.

     SEC. 762. SACRAMENTO RIVER SETTLEMENT CONTRACTS.

       (a) In General.--In carrying out the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.) in the Bay-Delta and on the 
     Sacramento River, the Secretary of the Interior and the 
     Secretary of Commerce shall apply any limitations on the 
     operation of the Central Valley Project or relating to the 
     formulation of any reasonable prudent alternative associated 
     with the operation of the Central Valley Project in a manner 
     that strictly adheres to and applies the water rights 
     priorities for project water and base supply as provided in 
     the Sacramento River Settlement Contracts.
       (b) Applicability.--Article 3(i) of the Sacramento River 
     Settlement Contracts shall not be used by the Secretary of 
     the Interior or any other Federal agency head as means to 
     provide shortages that are different from those provided for 
     in Article 5(a) of the Sacramento River Settlement Contracts.

     SEC. 763. SACRAMENTO RIVER WATERSHED WATER SERVICE 
                   CONTRACTORS.

       (a) Existing Central Valley Project Agricultural Water 
     Service Contractors Within Sacramento River Watershed.--In 
     this section, the term ``existing Central Valley Project 
     agricultural water service contractors within the Sacramento 
     River Watershed'' means water service contractors within the 
     Shasta, Trinity, and Sacramento River Divisions of the 
     Central Valley Project that have a water service contract in 
     effect on the date of enactment of this Act that provides 
     water for irrigation.
       (b) Allocation of Water.--Subject to subsection (c) and the 
     absolute priority of the Sacramento River Settlement 
     Contractors to Sacramento River supplies over Central Valley 
     Project diversions and deliveries to other contractors, the 
     Secretary of the Interior shall, in the operation of the 
     Central Valley Project, allocate water provided for 
     irrigation purposes to existing Central Valley Project 
     agricultural water service contractors within the Sacramento 
     River Watershed as follows:
       (1) Not less than 100 percent of the contract quantities in 
     a ``Wet'' year (as that term is defined in the Sacramento 
     Valley Water Year Type (40-30-30) Index).
       (2) Not less than 100 percent of the contract quantities in 
     an ``Above Normal'' year (as that term is defined in the 
     Sacramento Valley Water Year Type (40-30-30) Index).
       (3) Not less than 100 percent of the contract quantities in 
     a ``Below Normal'' year (as that term is defined in the 
     Sacramento Valley Water Year Type (40-30-30) Index).
       (4) Not less than 75 percent of the contract quantities in 
     a ``Dry'' year (as that term is defined in the Sacramento 
     Valley Water Year Type (40-30-30) Index).
       (5) Not less than 50 percent of the contract quantities in 
     a ``Critically Dry'' year (as that term is defined in the 
     Sacramento Valley Water Year Type (40-30-30) Index).
       (c) Protection of Municipal and Industrial Supplies.--
       (1) In general.--Nothing in this section--
       (A) modifies any provision of a water service contract that 
     addresses municipal and industrial water shortage policies of 
     the Secretary of the Interior;
       (B) affects or limits the authority of the Secretary of the 
     Interior--
       (i) to adopt or modify municipal and industrial water 
     shortage policies; or
       (ii) to implement municipal and industrial water shortage 
     policies; or
       (C) affects allocations to Central Valley Project municipal 
     and industrial contractors pursuant to the water shortage 
     policies of the Secretary of the Interior.

[[Page S6820]]

       (2) Applicability.--This section does not constrain, 
     govern, or affect, directly or indirectly, the operations of 
     the American River Division of the Central Valley Project or 
     any deliveries from that Division, including the units and 
     facilities of that Division.

     SEC. 764. NO REDIRECTED ADVERSE IMPACTS.

       The Secretary of the Interior shall ensure that there are 
     no redirected adverse water supply or fiscal impacts to the 
     State Water Project or to individuals within the Sacramento 
     River or San Joaquin River watershed arising from the 
     operation of the Secretary of the Central Valley Project to 
     meet legal obligations imposed by or through any Federal or 
     State agency, including--
       (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (2) this title; and
       (3) actions or activities implemented to meet the twin 
     goals of improving water supply and addressing the 
     environmental needs of the Bay-Delta.

                       Subtitle E--Miscellaneous

     SEC. 771. PRECEDENT.

       Congress finds that--
       (1) coordinated operations between the Central Valley 
     Project and the State Water Project, as consented to and 
     requested by the State of California and the Federal 
     Government, require the assertion of Federal supremacy to 
     protect existing water rights throughout the system, a 
     circumstance that is unique to the State of California; and
       (2) this title should not serve as precedent for similar 
     operations in any other State.

                TITLE VIII--REDUCING REGULATORY BURDENS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Reducing Regulatory 
     Burdens Act of 2012''.

     SEC. 802. USE OF AUTHORIZED PESTICIDES.

       Section 3(f) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at 
     the end the following:
       ``(5) Use of authorized pesticides.--Except as provided in 
     section 402(s) of the Federal Water Pollution Control Act (33 
     U.S.C. 1342(s)), the Administrator or a State may not require 
     a permit under that Act for a discharge from a point source 
     into navigable waters of a pesticide authorized for sale, 
     distribution, or use under this Act, or the residue of the 
     pesticide, resulting from the application of the 
     pesticide.''.

     SEC. 803. DISCHARGES OF PESTICIDES.

       Section 402 of the Federal Water Pollution Control Act (33 
     U.S.C. 1342) is amended by adding at the end the following:
       ``(s) Discharges of Pesticides.--
       ``(1) No permit requirement.--Except as provided in 
     paragraph (2), a permit shall not be required by the 
     Administrator or a State under this Act for a discharge from 
     a point source into navigable waters of a pesticide 
     authorized for sale, distribution, or use under the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.), or the residue of the pesticide, resulting from the 
     application of the pesticide.
       ``(2) Exceptions.--Paragraph (1) shall not apply to the 
     following discharges of a pesticide or pesticide residue:
       ``(A) A discharge resulting from the application of a 
     pesticide in violation of a provision of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.) that is relevant to protecting water quality, if--
       ``(i) the discharge would not have occurred but for the 
     violation; or
       ``(ii) the quantity of a pesticide or pesticide residue in 
     the discharge is greater than would have occurred without the 
     violation.
       ``(B) Stormwater discharges subject to regulation under 
     subsection (p).
       ``(C) The following discharges subject to regulation under 
     this section:
       ``(i) Manufacturing or industrial effluent.
       ``(ii) Treatment works effluent.
       ``(iii) Discharges incidental to the normal operation of a 
     vessel, including a discharge resulting from ballasting 
     operations or vessel biofouling prevention.''.

               TITLE IX--FARM DUST REGULATION PREVENTION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Farm Dust Regulation 
     Prevention Act of 2012''.

     SEC. 902. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL 
                   AMBIENT AIR QUALITY STANDARD APPLICABLE TO 
                   COARSE PARTICULATE MATTER.

       Before the date that is 1 year after the date of enactment 
     of this Act, the Administrator of the Environmental 
     Protection Agency (referred to in this title as the 
     ``Administrator'') may not propose, finalize, implement, or 
     enforce any regulation revising the national primary ambient 
     air quality standard or the national secondary ambient air 
     quality standard applicable to particulate matter with an 
     aerodynamic diameter greater than 2.5 micrometers under 
     section 109 of the Clean Air Act (42 U.S.C. 7409).

     SEC. 903. NUISANCE DUST.

       Part A of title I of the Clean Air Act (42 U.S.C. 7401 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, 
                   TRIBAL, AND LOCAL GOVERNMENTS.

       ``(a) Definition of Nuisance Dust.--In this section:
       ``(1) In general.--The term `nuisance dust' means 
     particulate matter that--
       ``(A) is generated primarily from natural sources, unpaved 
     roads, agricultural activities, earth moving, or other 
     activities typically conducted in rural areas;
       ``(B) consists primarily of soil, other natural or 
     biological materials, or some combination of those materials;
       ``(C) is not emitted directly into the ambient air from 
     combustion, such as exhaust from combustion engines and 
     emissions from stationary combustion processes; and
       ``(D) is not comprised of residuals from the combustion of 
     coal.
       ``(2) Exclusion.--The term `nuisance dust' does not include 
     radioactive particulate matter produced from uranium mining 
     or processing.
       ``(b) Applicability.--Except as provided in subsection (c), 
     this Act does not apply to, and references in this Act to 
     particulate matter are deemed to exclude, nuisance dust.
       ``(c) Exception.--Subsection (a) does not apply with 
     respect to any geographical area in which nuisance dust is 
     not regulated under State, tribal, or local law insofar as 
     the Administrator, in consultation with the Secretary of 
     Agriculture, finds that--
       ``(1) nuisance dust (or any subcategory of nuisance dust) 
     causes substantial adverse public health and welfare effects 
     at ambient concentrations; and
       ``(2) the benefits of applying standards and other 
     requirements of this Act to nuisance dust (or a subcategory 
     of nuisance dust) outweigh the costs (including local and 
     regional economic and employment impacts) of applying those 
     standards and other requirements to nuisance dust (or a 
     subcategory).''.

     SEC. 904. SENSE OF CONGRESS.

       It is the sense of Congress that the Administrator should 
     implement an approach to excluding so-called ``exceptional 
     events'', or events that are not reasonably controllable or 
     preventable, from determinations of whether an area is in 
     compliance with any national ambient air quality standard 
     applicable to coarse particulate matter that--
       (1) maximizes transparency and predictability for States, 
     Indian tribes, and local governments; and
       (2) minimizes the regulatory and cost burdens States, 
     Indian tribes, and local governments bear in excluding those 
     events.

     SEC. 905. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT 
                   AND ECONOMIC ACTIVITY IN AGRICULTURE COMMUNITY.

       (a) Definitions.--In this section:
       (1) Covered action.--The term ``covered action'' means any 
     of the following actions taken by the Administrator under the 
     Clean Air Act (42 U.S.C. 7401 et seq.) relating to 
     agriculture and the national primary ambient air quality 
     standard or the national secondary ambient air quality 
     standard for particulate matter:
       (A) Promulgating or issuing a regulation, policy statement, 
     guidance, response to a petition, or other requirement.
       (B) Implementing a new or substantially altered program.
       (2) More than a de minimis negative impact.--The term 
     ``more than a de minimis negative impact'' means--
       (A) with respect to employment levels, a loss of more than 
     100 jobs relating to the agriculture industry, as calculated 
     by excluding consideration of any offsetting job gains that 
     result from the hypothetical creation of new jobs through new 
     technologies or government employment; and
       (B) with respect to economic activity, a decrease in 
     agricultural economic activity of more than $1,000,000 over 
     any calendar year, as calculated by excluding consideration 
     of any offsetting economic activity that results from the 
     hypothetical creation of new economic activity through new 
     technologies or government employment.
       (b) Analysis of Impacts of Actions on Employment and 
     Economic Activity in the Agriculture Community.--
       (1) Analysis.--Before taking a covered action, the 
     Administrator shall analyze the impact, disaggregated by 
     State, of the covered action on--
       (A) employment levels in the agriculture industry; and
       (B) agricultural economic activity, including estimated job 
     losses and decreased economic activity relating to 
     agriculture.
       (2) Economic models.--
       (A) In general.--In carrying out paragraph (1), the 
     Administrator shall use the best available economic models.
       (B) Annual gao report.--Not later than December 31 of each 
     year, the Comptroller General of the United States shall 
     submit to Congress a report on the economic models used by 
     the Administrator to carry out this subsection.
       (3) Availability of information.--With respect to any 
     covered action, the Administrator shall--
       (A) post the analysis under paragraph (1) as a link on the 
     main page of the public Internet website of the Environmental 
     Protection Agency;
       (B) request the Secretary of Agriculture to post the 
     analysis under paragraph (1) as a link on the main page of 
     the public Internet website of the Department of Agriculture; 
     and
       (C) request that the Governor of any State experiencing 
     more than a de minimis negative impact post the analysis on 
     the main page of the public Interest website of the State.
       (c) Public Hearings.--
       (1) In general.--If the Administrator concludes under 
     subsection (a)(1) that a covered action will have more than a 
     de minimis negative impact on agricultural employment

[[Page S6821]]

     levels or agricultural economic activity in a State, the 
     Administrator shall hold a public hearing in each such State 
     at least 30 days before the effective date of the covered 
     action.
       (2) Time, location, and selection.--A public hearing 
     required under paragraph (1) shall be held at--
       (A) a convenient time and location for impacted residents; 
     and
       (B) at such location selected by the Administrator as shall 
     give priority to locations in the State that will experience 
     the greatest number of job losses.
       (d) Notification.--If the Administrator concludes under 
     subsection (b)(1) that a covered action will have more than a 
     de minimis negative impact on agricultural employment levels 
     or agricultural economic activity in any State, the 
     Administrator shall give notice of the impact to the 
     congressional delegation, Governor, and legislature of the 
     State at least 45 days before the effective date of the 
     covered action.

                     TITLE X--ENERGY TAX PREVENTION

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Energy Tax Prevention Act 
     of 2012''.

     SEC. 1002. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       ``(a) Definition.--In this section, the term `greenhouse 
     gas' means any of the following:
       ``(1) Water vapor.
       ``(2) Carbon dioxide.
       ``(3) Methane.
       ``(4) Nitrous oxide.
       ``(5) Sulfur hexafluoride.
       ``(6) Hydrofluorocarbons.
       ``(7) Perfluorocarbons.
       ``(8) Any other substance subject to, or proposed to be 
     subject to, regulation, action, or consideration under this 
     Act to address climate change.
       ``(b) Limitation on Agency Action.--
       ``(1) Limitation.--
       ``(A) In general.--The Administrator may not, under this 
     Act, promulgate any regulation concerning, take action 
     relating to, or take into consideration the emission of a 
     greenhouse gas to address climate change.
       ``(B) Air pollutant definition.--The definition of the term 
     `air pollutant' in section 302(g) does not include a 
     greenhouse gas. Notwithstanding the previous sentence, such 
     definition may include a greenhouse gas for purposes of 
     addressing concerns other than climate change.
       ``(2) Exceptions.--Paragraph (1) does not prohibit the 
     following:
       ``(A) Notwithstanding paragraph (4)(B), implementation and 
     enforcement of the rule entitled `Light-Duty Vehicle 
     Greenhouse Gas Emission Standards and Corporate Average Fuel 
     Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and 
     without further revision) and finalization, implementation, 
     enforcement, and revision of the proposed rule entitled 
     `Greenhouse Gas Emissions Standards and Fuel Efficiency 
     Standards for Medium- and Heavy-Duty Engines and Vehicles' 
     published at 75 Fed. Reg. 74152 (November 30, 2010).
       ``(B) Implementation and enforcement of section 211(o).
       ``(C) Statutorily authorized Federal research, development, 
     and demonstration programs addressing climate change.
       ``(D) Implementation and enforcement of title VI to the 
     extent such implementation or enforcement only involves one 
     or more class I or class II substances (as such terms are 
     defined in section 601).
       ``(E) Implementation and enforcement of section 821 (42 
     U.S.C. 7651k note) of Public Law 101-549 (commonly referred 
     to as the `Clean Air Act Amendments of 1990').
       ``(3) Inapplicability of provisions.--Nothing listed in 
     paragraph (2) shall cause a greenhouse gas to be subject to 
     part C of title I (relating to prevention of significant 
     deterioration of air quality) or considered an air pollutant 
     for purposes of title V (relating to air permits).
       ``(4) Certain prior agency actions.--The following rules, 
     and actions (including any supplement or revision to such 
     rules and actions) are repealed and shall have no legal 
     effect:
       ``(A) `Mandatory Reporting of Greenhouse Gases', published 
     at 74 Fed. Reg. 56260 (October 30, 2009).
       ``(B) `Endangerment and Cause or Contribute Findings for 
     Greenhouse Gases under section 202(a) of the Clean Air Act' 
     published at 74 Fed. Reg. 66496 (Dec. 15, 2009).
       ``(C) `Reconsideration of the Interpretation of Regulations 
     That Determine Pollutants Covered by Clean Air Act Permitting 
     Programs' published at 75 Fed. Reg. 17004 (April 2, 2010) and 
     the memorandum from Stephen L. Johnson, Environmental 
     Protection Agency (EPA) Administrator, to EPA Regional 
     Administrators, concerning `EPA's Interpretation of 
     Regulations that Determine Pollutants Covered by Federal 
     Prevention of Significant Deterioration (PSD) Permit Program' 
     (Dec. 18, 2008).
       ``(D) `Prevention of Significant Deterioration and Title V 
     Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 
     31514 (June 3, 2010).
       ``(E) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Substantial 
     Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 
     (December 13, 2010).
       ``(F) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Failure to 
     Submit State Implementation Plan Revisions Required for 
     Greenhouse Gases', published at 75 Fed. Reg. 81874 (December 
     29, 2010).
       ``(G) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Federal Implementation 
     Plan', published at 75 Fed. Reg. 82246 (December 30, 2010).
       ``(H) `Action To Ensure Authority To Implement Title V 
     Permitting Programs Under the Greenhouse Gas Tailoring Rule', 
     published at 75 Fed. Reg. 82254 (December 30, 2010).
       ``(I) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program', published at 75 Fed. Reg. 82430 
     (December 30, 2010).
       ``(J) `Limitation of Approval of Prevention of Significant 
     Deterioration Provisions Concerning Greenhouse Gas Emitting-
     Sources in State Implementation Plans; Final Rule', published 
     at 75 Fed. Reg. 82536 (December 30, 2010).
       ``(K) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program; Proposed Rule', published at 75 Fed. 
     Reg. 82365 (December 30, 2010).
       ``(L) Except for action listed in paragraph (2), any other 
     Federal action under this Act occurring before the date of 
     enactment of this section that applies a stationary source 
     permitting requirement or an emissions standard for a 
     greenhouse gas to address climate change.
       ``(5) State action.--
       ``(A) No limitation.--This section does not limit or 
     otherwise affect the authority of a State to adopt, amend, 
     enforce, or repeal State laws and regulations pertaining to 
     the emission of a greenhouse gas.
       ``(B) Exception.--
       ``(i) Rule.--Notwithstanding subparagraph (A), any 
     provision described in clause (ii)--

       ``(I) is not federally enforceable;
       ``(II) is not deemed to be a part of Federal law; and
       ``(III) is deemed to be stricken from the plan described in 
     clause (ii)(I) or the program or permit described in clause 
     (ii)(II), as applicable.

       ``(ii) Provisions defined.--For purposes of clause (i), the 
     term `provision' means any provision that--

       ``(I) is contained in a State implementation plan under 
     section 110 and authorizes or requires a limitation on, or 
     imposes a permit requirement for, the emission of a 
     greenhouse gas to address climate change; or
       ``(II) is part of an operating permit program under title 
     V, or a permit issued pursuant to title V, and authorizes or 
     requires a limitation on the emission of a greenhouse gas to 
     address climate change.

       ``(C) Action by administrator.--The Administrator may not 
     approve or make federally enforceable any provision described 
     in subparagraph (B)(ii).''.

     SEC. 1003. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

       Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is 
     amended by adding at the end the following:
       ``(4) With respect to standards for emissions of greenhouse 
     gases (as defined in section 330) for model year 2017 or any 
     subsequent model year for new motor vehicles and new motor 
     vehicle engines--
       ``(A) the Administrator may not waive application of 
     subsection (a); and
       ``(B) no waiver granted prior to the date of enactment of 
     this paragraph may be considered to waive the application of 
     subsection (a).''.
                                 ______
                                 
  SA 2912. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 3525, to protect and enhance 
opportunities for recreational hunting, fishing, and shooting, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 121 and insert the following:

     SEC. 121. MODIFICATION OF DEFINITION OF TOXIC SUBSTANCE TO 
                   EXCLUDE LEAD USED HUNTING AMMUNITION AND SPORT 
                   FISHING EQUIPMENT.

       (a) In General.--Section 3(2)(B) of the Toxic Substances 
     Control Act (15 U.S.C. 2602(2)(B)) is amended--
       (1) in clause (v), by striking ``, and'' and inserting ``, 
     or any lead or lead compound that is used in an article that 
     is intended for hunting, including shot, bullets and other 
     projectiles, propellants, and primers;'';
       (2) in clause (vi), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(vii) lead or a lead compound that is used in any sport 
     fishing equipment (as defined in section 4162(a) of the 
     Internal Revenue Code of 1986, without regard to paragraphs 
     (6) through (9) thereof), the sale of which is subject to the 
     tax imposed by section 4161(a) of such Code (determined 
     without regard to any exemptions from such tax as provided by 
     section 4162 or 4221 or any other provision of

[[Page S6822]]

     such Code), and sport fishing equipment components.''.
       (b) Relationship to Other Law.--Nothing in this section or 
     any amendment made by this section affects or limits the 
     application of, or obligation to comply with, any other 
     Federal, State, or local law.
                                 ______
                                 
  SA 2913. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 3525, to protect and enhance 
opportunities for recreational hunting, fishing, and shooting, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 121.
                                 ______
                                 
  SA 2914. Mr. COBURN (for himself, Mr. Webb, Mr. Wicker, Mr. Inhofe, 
Mr. Roberts, Mr. Blunt, Mr. Enzi, Mr. Boozman, Mr. Burr, Mr. Crapo, Mr. 
Hatch, and Ms. Collins) submitted an amendment intended to be proposed 
by him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

                       Subtitle D--Other Matters

     SEC. 131. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS 
                   ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN 
                   PURPOSES.

       (a) In General.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``In any case arising out of the administration by the 
     Secretary of laws and benefits under this title, a person who 
     is mentally incapacitated, deemed mentally incompetent, or 
     experiencing an extended loss of consciousness shall not be 
     considered adjudicated as a mental defective under subsection 
     (d)(4) or (g)(4) of section 922 of title 18 without the order 
     or finding of a judge, magistrate, or other judicial 
     authority of competent jurisdiction that such person is a 
     danger to himself or herself or others.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by adding at 
     the end the following new item:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.
                                 ______
                                 
  SA 2915. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 93, strike lines 8 through 16 and insert the 
     following:
       (2) in section 204 (43 U.S.C. 2303), by striking subsection 
     (a) and inserting the following:
       ``(a) In General.--The Secretary and the Secretary of 
     Agriculture shall establish a procedure to identify, by 
     State, inholdings for which the landowner has indicated a 
     desire to sell the land or interest therein to the United 
     States.''.
       (3) in section 205 (43 U.S.C. 2304)--
       (A) in subsection (a)--
       (i) by striking ``, using funds made available under 
     section 206,''; and
       (ii) by striking ``this Act'' and inserting ``the 
     Sportsmen's Act of 2012''; and
       (B) in subsection (d), by striking ``11'' and inserting 
     ``22'';
       (4) in section 206 (43 U.S.C. 2305), by striking 
     subsections (b) through (f) and inserting the following:
       ``(b) Availability.--Of the amounts in the Federal Land 
     Disposal Account--
       ``(1) 50 percent shall be made available to the Secretary 
     of the Treasury, without further appropriation, for Federal 
     budget deficit reduction; and
       ``(2) 50 percent shall be made available to the Secretary 
     and the Secretary of Agriculture, without further 
     appropriation, to address the maintenance backlog on Federal 
     land.''; and
       (5) in section 207(b) (43 U.S.C. 2306(b))--
                                 ______
                                 
  SA 2916. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S. 
3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       Strike section 246 and insert the following:

     SEC. 246. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

       Section 10 of the Neotropical Migratory Bird Conservation 
     Act (16 U.S.C. 6109) is amended to read as follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     Act $6,500,000 for each of fiscal years 2012 through 2017.''.
                                 ______
                                 
  SA 2917. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike subtitle A of title II.
                                 ______
                                 
  SA 2918. Mr. COBURN (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill S. 3525, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 104. PROTECTING AMERICANS FROM VIOLENT CRIME.

       (a) Findings.--Congress finds that--
       (1) the Second Amendment of the Constitution provides that 
     ``the right of the people to keep and bear arms shall not be 
     infringed'';
       (2) section 327.13 of title 36, Code of Federal Regulations 
     provides that, except in special circumstances, ``possession 
     of loaded firearms, ammunition, loaded projectile firing 
     devices, bows and arrows, crossbows, or other weapons is 
     prohibited'' at water resources development projects 
     administered by the Secretary of the Army;
       (3) the regulations described in paragraph (2) prevent 
     individuals complying with Federal and State laws from 
     exercising the Second Amendment rights of the individuals 
     while at the water resources development projects; and
       (4) Federal laws should make it clear that the Second 
     Amendment rights of an individual at a water resources 
     development project should not be infringed.
       (b) Protecting the Right of Individuals To Bear Arms at 
     Water Resources Development Projects.--The Secretary of the 
     Army shall not promulgate or enforce any regulation that 
     prohibits an individual from possessing a firearm, including 
     an assembled or functional firearm, at a water resources 
     development project covered under part 327 of title 36, Code 
     of Federal Regulations (as in effect on the date of enactment 
     of this Act), if--
       (1) the individual is not otherwise prohibited by law from 
     possessing the firearm; and
       (2) the possession of the firearm is in compliance with the 
     law of the State in which the water resources development 
     project is located.
                                 ______
                                 
  SA 2919. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill 
S. 3525, to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 104. HERITAGE OF RECREATIONAL FISHING, HUNTING, AND 
                   RECREATIONAL SHOOTING ON FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Federal public land.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``Federal public land'' means any land or water that 
     is--
       (i) owned by the United States; and
       (ii) managed by a Federal agency (including the Department 
     of the Interior and the Forest Service) for purposes that 
     include the conservation of natural resources.
       (B) Exclusions.--The term ``Federal public land'' does not 
     include--
       (i) land or water held or managed in trust for the benefit 
     of Indians or other Native Americans;
       (ii) land managed by the Director of the National Park 
     Service or the Director of the United States Fish and 
     Wildlife Service;
       (iii) fish hatcheries; or
       (iv) conservation easements on private land.
       (2) Hunting.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``hunting'' means use of a firearm, bow, or other 
     authorized means in the lawful--
       (i) pursuit, shooting, capture, collection, trapping, or 
     killing of wildlife; or
       (ii) attempt to pursue, shoot, capture, collect, trap, or 
     kill wildlife.
       (B) Exclusion.--The term ``hunting'' does not include the 
     use of skilled volunteers to cull excess animals (as defined 
     by other Federal law).
       (3) Recreational fishing.--The term ``recreational 
     fishing'' means--
       (A) an activity for sport or for pleasure that involves--
       (i) the lawful catching, taking, or harvesting of fish; or
       (ii) the lawful attempted catching, taking, or harvesting 
     of fish; or
       (B) any other activity for sport or pleasure that can 
     reasonably be expected to result in the lawful catching, 
     taking, or harvesting of fish.
       (4) Recreational shooting.--The term ``recreational 
     shooting'' means any form of sport, training, competition, or 
     pastime, whether formal or informal, that involves the 
     discharge of a rifle, handgun, or shotgun, or the use of a 
     bow and arrow.
       (b) Recreational Fishing, Hunting, and Recreational 
     Shooting.--
       (1) In general.--Subject to valid existing rights, and in 
     cooperation with the respective State and fish and wildlife 
     agency, a

[[Page S6823]]

     Federal public land management official shall exercise the 
     authority of the official under existing law (including 
     provisions regarding land use planning) to facilitate use of 
     and access to Federal public land for recreational fishing, 
     hunting, and recreational shooting except as limited by--
       (A) any law that authorizes action or withholding action 
     for reasons of national security, public safety, or resource 
     conservation;
       (B) any other Federal law that precludes recreational 
     fishing, hunting, or recreational shooting on specific 
     Federal public land or water or units of Federal public land; 
     and
       (C) discretionary limitations on recreational fishing, 
     hunting, and recreational shooting determined to be necessary 
     and reasonable as supported by the best scientific evidence 
     and advanced through a transparent public process.
       (2) Management.--Consistent with paragraph (1), the head of 
     each Federal public land management agency shall exercise the 
     land management discretion of the head--
       (A) in a manner that supports and facilitates recreational 
     fishing, hunting, and recreational shooting opportunities;
       (B) to the extent authorized under applicable State law; 
     and
       (C) in accordance with applicable Federal law.
       (3) Planning.--
       (A) Effects of plans and activities.--
       (i) Evaluation of effects on opportunities to engage in 
     recreational fishing, hunting, or recreational shooting.--
     Federal public land planning documents (including land 
     resources management plans, resource management plans, travel 
     management plans, and energy development plans) shall include 
     a specific evaluation of the effects of the plans on 
     opportunities to engage in recreational fishing, hunting, or 
     recreational shooting.
       (ii) Other activity not considered.--

       (I) In general.--Federal public land management officials 
     shall not be required to consider the existence or 
     availability of recreational fishing, hunting, or 
     recreational shooting opportunities on private or public land 
     that is located adjacent to, or in the vicinity of, Federal 
     public land for purposes of--

       (aa) planning for or determining which units of Federal 
     public land are open for recreational fishing, hunting, or 
     recreational shooting; or
       (bb) setting the levels of use for recreational fishing, 
     hunting, or recreational shooting on Federal public land.

       (II) Enhanced opportunities.--Federal public land 
     management officials may consider the opportunities described 
     in subclause (I) if the combination of those opportunities 
     would enhance the recreational fishing, hunting, or shooting 
     opportunities available to the public.

       (B) Use of volunteers.--If hunting is prohibited by law, 
     all Federal public land planning document described in 
     subparagraph (A)(i) of an agency shall, after appropriate 
     coordination with State fish and wildlife agencies, allow the 
     participation of skilled volunteers in the culling and other 
     management of wildlife populations on Federal public land 
     unless the head of the agency demonstrates, based on the best 
     scientific data available or applicable Federal law, why 
     skilled volunteers should not be used to control 
     overpopulation of wildlife on the land that is the subject of 
     the planning document.
       (4) Bureau of land management and forest service land.--
       (A) Land open.--
       (i) In general.--Land under the jurisdiction of the Bureau 
     of Land Management or the Forest Service (including a 
     component of the National Wilderness Preservation System, 
     land designated as a wilderness study area or 
     administratively classified as wilderness eligible or 
     suitable, and primitive or semiprimitive areas, but excluding 
     land on the outer Continental Shelf) shall be open to 
     recreational fishing, hunting, and recreational shooting 
     unless the managing Federal public land agency acts to close 
     the land to such activity.
       (ii) Motorized access.--Nothing in this subparagraph 
     authorizes or requires motorized access or the use of 
     motorized vehicles for recreational fishing, hunting, or 
     recreational shooting purposes within land designated as a 
     wilderness study area or administratively classified as 
     wilderness eligible or suitable.
       (B) Closure or restriction.--Land described in subparagraph 
     (A) may be subject to closures or restrictions if determined 
     by the head of the agency to be necessary and reasonable and 
     supported by facts and evidence for purposes including 
     resource conservation, public safety, energy or mineral 
     production, energy generation or transmission infrastructure, 
     water supply facilities, protection of other permittees, 
     protection of private property rights or interests, national 
     security, or compliance with other law, as determined 
     appropriate by the Director of the Bureau of Land Management 
     or the Chief of the Forest Service, as applicable.
       (C) Shooting ranges.--
       (i) In general.--Except as provided in clause (iii), the 
     head of each Federal public land agency may use the 
     authorities of the head, in a manner consistent with this 
     section and other applicable law--

       (I) to lease or permit use of land under the jurisdiction 
     of the head for shooting ranges; and
       (II) to designate specific land under the jurisdiction of 
     the head for recreational shooting activities.

       (ii) Limitation on liability.--Any designation under clause 
     (i)(II) shall not subject the United States to any civil 
     action or claim for monetary damages for injury or loss of 
     property or personal injury or death caused by any 
     recreational shooting activity occurring at or on the 
     designated land.
       (iii) Exception.--The head of each Federal public land 
     agency shall not lease or permit use of Federal public land 
     for shooting ranges or designate land for recreational 
     shooting activities within including a component of the 
     National Wilderness Preservation System, land designated as a 
     wilderness study area or administratively classified as 
     wilderness eligible or suitable, and primitive or 
     semiprimitive areas.
       (5) Report.--Not later than October 1 of every other year, 
     beginning with the second October 1 after the date of 
     enactment of this Act, the head of each Federal public land 
     agency who has authority to manage Federal public land on 
     which recreational fishing, hunting, or recreational shooting 
     occurs shall submit to the Committee on Natural Resources of 
     the House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report that describes--
       (A) any Federal public land administered by the agency head 
     that was closed to recreational fishing, hunting, or 
     recreational shooting at any time during the preceding year; 
     and
       (B) the reason for the closure.
       (6) Closures or significant restrictions of 1,280 or more 
     acres.--
       (A) In general.--Other than closures established or 
     prescribed by land planning actions referred to in paragraph 
     (4)(B) or emergency closures described in subparagraph (C), a 
     permanent or temporary withdrawal, change of classification, 
     or change of management status of Federal public land or 
     water that effectively closes or significantly restricts 
     1,280 or more contiguous acres of Federal public land or 
     water to access or use for recreational fishing or hunting or 
     activities relating to fishing or hunting shall take effect 
     only if, before the date of withdrawal or change, the head of 
     the Federal public land agency that has jurisdiction over the 
     Federal public land or water--
       (i) publishes appropriate notice of the withdrawal or 
     change, respectively;
       (ii) demonstrates that coordination has occurred with a 
     State fish and wildlife agency; and
       (iii) submits to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate written notice of the 
     withdrawal or change, respectively.
       (B) Aggregate or cumulative effects.--If the aggregate or 
     cumulative effect of separate withdrawals or changes 
     effectively closes or significant restrictions affects 1,280 
     or more acres of land or water, the withdrawals and changes 
     shall be treated as a single withdrawal or change for 
     purposes of subparagraph (A).
       (C) Emergency closures.--
       (i) In general.--Nothing in this section prohibits a 
     Federal public land management agency from establishing or 
     implementing emergency closures or restrictions of the 
     smallest practicable area of Federal public land to provide 
     for public safety, resource conservation, national security, 
     or other purposes authorized by law.
       (ii) Termination.--An emergency closure under clause (i) 
     shall terminate after a reasonable period of time unless the 
     temporary closure is converted to a permanent closure 
     consistent with this subsection.
       (7) No priority.--Nothing in this section requires a 
     Federal agency to give preference to recreational fishing, 
     hunting, or recreational shooting over other uses of Federal 
     public land or over land or water management priorities 
     established by other Federal law.
       (8) Consultation with councils.--In carrying out this 
     section, the heads of Federal public land agencies shall 
     consult with the appropriate advisory councils established 
     under Executive Order 12962 (16 U.S.C. 1801 note; relating to 
     recreational fisheries) and Executive Order 13443 (16 U.S.C. 
     661 note; relating to facilitation of hunting heritage and 
     wildlife conservation).
       (9) Authority of states.--
       (A) In general.--Nothing in this section interferes with, 
     diminishes, or conflicts with the authority, jurisdiction, or 
     responsibility of any State to manage, control, or regulate 
     fish and wildlife under State law (including regulations) on 
     land or water within the State, including on Federal public 
     land.
       (B) Federal licenses.--
       (i) In general.--Except as provided in clause (ii), nothing 
     in this section authorizes the head of a Federal public land 
     agency head to require a license, fee, or permit to fish, 
     hunt, or trap on land or water in a State, including on 
     Federal public land in the State.
       (ii) Migratory bird stamps.--This subparagraph shall not 
     affect any migratory bird stamp requirement of the Migratory 
     Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et 
     seq.).
                                 ______
                                 
  SA 2920. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:


[[Page S6824]]


       At the end, add the following:

    TITLE III--HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL

     SECTION 301. SHORT TITLE.

       This title may be cited as the ``Harmful Algal Blooms and 
     Hypoxia Research and Control Amendments Act of 2012''.

     SEC. 302. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA 
                   RESEARCH AND CONTROL ACT OF 1998.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Harmful Algal Bloom and Hypoxia 
     Research and Control Act of 1998 (16 U.S.C. 1451 note).

     SEC. 303. FINDINGS.

       Section 602 is amended to read as follows:

     ``Sec. 602. Findings

       ``Congress finds the following:
       ``(1) Harmful algal blooms and hypoxia--
       ``(A) are increasing in frequency and intensity in the 
     Nation's coastal waters and Great Lakes;
       ``(B) pose a threat to the health of coastal and Great 
     Lakes ecosystems;
       ``(C) are costly to coastal economies; and
       ``(D) threaten the safety of seafood and human health.
       ``(2) Excessive nutrients in coastal waters have been 
     linked to the increased intensity and frequency of hypoxia 
     and some harmful algal blooms. There is a need to identify 
     more workable and effective actions to reduce the negative 
     impacts of harmful algal blooms and hypoxia on coastal 
     waters.
       ``(3) The National Oceanic and Atmospheric Administration, 
     through its ongoing research, monitoring, observing, 
     education, grant, and coastal resource management programs 
     and in collaboration with the other Federal agencies on the 
     Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia, 
     along with States, Indian tribes, and local governments, 
     possesses the capabilities necessary to support a near and 
     long-term comprehensive effort to prevent, reduce, and 
     control the human and environmental costs of harmful algal 
     blooms and hypoxia.
       ``(4) Increases in nutrient loading from point and nonpoint 
     sources can trigger and exacerbate harmful algal blooms and 
     hypoxia. Since much of the increases originate in upland 
     areas and are delivered to marine and freshwater bodies via 
     river discharge, integrated and landscape-level research and 
     control strategies are required.
       ``(5) Harmful algal blooms and hypoxia affect many sectors 
     of the coastal economy, including tourism, public health, and 
     recreational and commercial fisheries. According to a recent 
     report produced by the National Oceanic and Atmospheric 
     Administration, the United States seafood, restaurant, and 
     tourism industries suffer estimated annual losses of at least 
     $82,000,000 due to the economic impacts of harmful algal 
     blooms.
       ``(6) The proliferation of harmful and nuisance algae can 
     occur in all United States waters, including coastal areas 
     (such as estuaries), the Great Lakes, and inland waterways, 
     crossing political boundaries and necessitating regional 
     coordination for research, monitoring, mitigation, response, 
     and prevention efforts.
       ``(7) Federally funded and other research has led to 
     several technological advances, including remote sensing, 
     molecular and optical tools, satellite imagery, and coastal 
     and ocean observing systems, that--
       ``(A) provide data for forecast models;
       ``(B) improve the monitoring and prediction of these 
     events; and
       ``(C) provide essential decision making tools for managers 
     and stakeholders.''.

     SEC. 304. PURPOSES.

       The Act is amended by inserting after section 602 the 
     following:

     ``Sec. 602A. Purposes

       ``The purposes of this title are--
       ``(1) to provide for the development and coordination of a 
     comprehensive and integrated national program to address 
     harmful algal blooms and hypoxia through baseline research, 
     monitoring, prevention, mitigation, and control;
       ``(2) to provide for the assessment of environmental, 
     socioeconomic, and human health impacts of harmful algal 
     blooms and hypoxia on a regional and national scale, and to 
     integrate this assessment into marine and freshwater resource 
     decisions; and
       ``(3) to facilitate regional, State, tribal, and local 
     efforts to develop and implement appropriate harmful algal 
     bloom and hypoxia response plans, strategies, and tools, 
     including outreach programs and information dissemination 
     mechanisms.''.

     SEC. 305. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND 
                   HYPOXIA.

       Section 603(a) is amended--
       (1) by striking ``the following representatives from'' and 
     inserting ``a representative from'';
       (2) in paragraph (11), by striking ``and'';
       (3) by redesignating paragraph (12) as paragraph (13);
       (4) by inserting after paragraph (11) the following:
       ``(12) the Centers for Disease Control; and''; and
       (5) in paragraph (13), as redesignated, by striking 
     ``such''.

     SEC. 306. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

       The Act is amended by inserting after section 603 the 
     following:

     ``Sec. 603A. National harmful algal bloom and hypoxia program

       ``(a) Establishment.--Except as provided in subsection (d), 
     the Under Secretary, acting through the Task Force 
     established under section 603, shall establish and maintain a 
     national harmful algal bloom and hypoxia program.
       ``(b) Action Strategy.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Harmful Algal Blooms and Hypoxia Research 
     and Control Amendments Act of 2012, the Task Force shall 
     develop a national harmful algal blooms and hypoxia action 
     strategy that--
       ``(A) is consistent with the purposes under section 602A;
       ``(B) includes a statement of goals and objectives; and
       ``(C) includes an implementation plan.
       ``(2) Publication.--Not later than 30 days after the date 
     that the action strategy is developed, the Task Force shall--
       ``(A) submit the action strategy to Congress; and
       ``(B) publish the action strategy in the Federal Register.
       ``(3) Periodic revision.--The Task Force shall periodically 
     review and revise the action strategy, as necessary.
       ``(c) Task Force Functions.--The Task Force shall--
       ``(1) coordinate interagency review of plans and policies 
     of the Program;
       ``(2) assess interagency work and spending plans for 
     implementing the activities of the Program;
       ``(3) review the Program's distribution of Federal grants 
     and funding to address research priorities;
       ``(4) support the implementation of the actions and 
     strategies identified in the regional research and action 
     plans under section 603B;
       ``(5) support the development of institutional mechanisms 
     and financial instruments to further the goals of the 
     Program;
       ``(6) coordinate and integrate the research of all Federal 
     programs, including ocean and Great Lakes science and 
     management programs and centers, that address the chemical, 
     biological, and physical components of marine and freshwater 
     harmful algal blooms and hypoxia;
       ``(7) expedite the interagency review process by ensuring 
     timely review and dispersal of required reports and 
     assessments under this title;
       ``(8) promote the development of new technologies for 
     predicting, monitoring, and mitigating harmful algal blooms 
     and hypoxia conditions; and
       ``(9) establish such interagency working groups as it 
     considers necessary.
       ``(d) Lead Federal Agency.--The National Oceanic and 
     Atmospheric Administration shall have primary responsibility 
     for administering the Program.
       ``(e) Program Duties.--In administering the Program, the 
     Under Secretary shall--
       ``(1) develop and promote a national strategy to 
     understand, detect, predict, control, mitigate, and respond 
     to marine and freshwater harmful algal bloom and hypoxia 
     events;
       ``(2) prepare work and spending plans for implementing the 
     activities of the Program and developing and implementing the 
     regional research and action plans;
       ``(3) administer merit-based, competitive grant funding--
       ``(A) to support the projects maintained and established by 
     the Program; and
       ``(B) to address the research and management needs and 
     priorities identified in the regional research and action 
     plans;
       ``(4) coordinate and work cooperatively with regional, 
     State, tribal, and local government agencies and programs 
     that address marine and freshwater harmful algal blooms and 
     hypoxia;
       ``(5) coordinate with the Secretary of State to support 
     international efforts on marine and freshwater harmful algal 
     bloom and hypoxia information sharing, research, mitigation, 
     control, and response activities;
       ``(6) identify additional research, development, and 
     demonstration needs and priorities relating to monitoring, 
     prevention, control, mitigation, and response to marine and 
     freshwater harmful algal blooms and hypoxia, including 
     methods and technologies to protect the ecosystems affected 
     by marine and freshwater harmful algal blooms and hypoxia;
       ``(7) integrate, coordinate, and augment existing education 
     programs to improve public understanding and awareness of the 
     causes, impacts, and mitigation efforts for marine and 
     freshwater harmful algal blooms and hypoxia;
       ``(8) facilitate and provide resources to train State and 
     local coastal and water resource managers in the methods and 
     technologies for monitoring, controlling, and mitigating 
     marine and freshwater harmful algal blooms and hypoxia;
       ``(9) support regional efforts to control and mitigate 
     outbreaks through--
       ``(A) communication of the contents of the regional 
     research and action plans and maintenance of online data 
     portals for other information about harmful algal blooms and 
     hypoxia to State and local stakeholders within the region for 
     which each plan is developed; and
       ``(B) overseeing the development, review, and periodic 
     updating of regional research and action plans;
       ``(10) convene at least 1 meeting of the Task Force each 
     year; and

[[Page S6825]]

       ``(11) perform such other tasks as may be delegated by the 
     Task Force.
       ``(f) National Oceanic and Atmospheric Administration 
     Activities.--The Under Secretary shall--
       ``(1) maintain and enhance the existing competitive 
     programs at the National Oceanic and Atmospheric 
     Administration relating to marine and freshwater algal blooms 
     and hypoxia;
       ``(2) carry out marine and Great Lakes harmful algal bloom 
     and hypoxia events response activities;
       ``(3) establish new programs and infrastructure, as 
     necessary, to develop and enhance the critical observations, 
     monitoring, modeling, data management, information 
     dissemination, and operational forecasts required to meet the 
     purposes under section 602A;
       ``(4) enhance communication and coordination among Federal 
     agencies carrying out marine and freshwater harmful algal 
     bloom and hypoxia activities;
       ``(5) to the greatest extent practicable, leverage existing 
     resources and expertise available from local research 
     universities and institutions to meet the purposes under 
     section 602A; and
       ``(6) increase the availability to appropriate public and 
     private entities of--
       ``(A) analytical facilities and technologies;
       ``(B) operational forecasts; and
       ``(C) reference and research materials.
       ``(g) Cooperative Efforts.--The Under Secretary shall work 
     cooperatively and avoid duplication of effort with other 
     offices, centers, and programs within the National Oceanic 
     and Atmospheric Administration, other agencies on the Task 
     Force, and States, tribes, and nongovernmental organizations 
     concerned with marine and freshwater issues to coordinate 
     harmful algal blooms and hypoxia (and related) activities and 
     research.
       ``(h) Freshwater Program.--With respect to the freshwater 
     aspects of the Program, except for those aspects occurring in 
     the Great Lakes, the Administrator of the Environmental 
     Protection Agency, in consultation with the Under Secretary, 
     through the Task Force, shall--
       ``(1) carry out the duties assigned to the Under Secretary 
     under this section and section 603B, including the activities 
     under subsection (g);
       ``(2) research the ecology of freshwater harmful algal 
     blooms;
       ``(3) monitor and respond to freshwater harmful algal 
     blooms events in lakes (except for the Great Lakes), rivers, 
     and reservoirs;
       ``(4) mitigate and control freshwater harmful algal blooms; 
     and
       ``(5) recommend the amount of funding required to carry out 
     subsection (g) for inclusion in the President's annual budget 
     request to Congress.
       ``(i) Integrated Coastal and Ocean Observation System.--The 
     collection of monitoring and observation data under this 
     title shall comply with all data standards and protocols 
     developed pursuant to the Integrated Coastal and Ocean 
     Observation System Act of 2009 (33 U.S.C. 3601 et seq.). Such 
     data shall be made available through the system established 
     under that Act.''.

     SEC. 307. REGIONAL RESEARCH AND ACTION PLANS.

       The Act, as amended by section 306, is further amended by 
     inserting after section 603A the following:

     ``Sec. 603B. Regional research and action plans

       ``(a) In General.--In administering the Program, the Under 
     Secretary shall--
       ``(1) identify appropriate regions and subregions to be 
     addressed by each regional research and action plan; and
       ``(2) oversee the development and implementation of the 
     regional research and action plans.
       ``(b) Plan Development.--The Under Secretary shall--
       ``(1) develop and submit to the Task Force for approval a 
     regional research and action plan for each region, that 
     builds upon any existing State or regional plans the Under 
     Secretary considers appropriate; and
       ``(2) identify appropriate elements for each region, 
     including--
       ``(A) baseline ecological, social, and economic research 
     needed to understand the biological, physical, and chemical 
     conditions that cause, exacerbate, and result from harmful 
     algal blooms and hypoxia;
       ``(B) regional priorities for ecological and socio-economic 
     research on issues related to and impacts of harmful algal 
     blooms and hypoxia;
       ``(C) research, development, and demonstration activities 
     needed to develop and advance technologies and techniques--
       ``(i) for minimizing the occurrence of harmful algal blooms 
     and hypoxia; and
       ``(ii) for improving capabilities to predict, monitor, 
     prevent, control, and mitigate harmful algal blooms and 
     hypoxia;
       ``(D) State, tribal, and local government actions that may 
     be implemented--
       ``(i) to support long-term monitoring efforts and emergency 
     monitoring as needed;
       ``(ii) to minimize the occurrence of harmful algal blooms 
     and hypoxia;
       ``(iii) to reduce the duration and intensity of harmful 
     algal blooms and hypoxia in times of emergency;
       ``(iv) to address human health dimensions of harmful algal 
     blooms and hypoxia; and
       ``(v) to identify and protect vulnerable ecosystems that 
     could be, or have been, affected by harmful algal blooms and 
     hypoxia;
       ``(E) mechanisms by which data, information, and products 
     are transferred between the Program and State, tribal, and 
     local governments and research entities;
       ``(F) communication, outreach and information dissemination 
     efforts that State, tribal, and local governments and 
     stakeholder organizations can take to educate and inform the 
     public about harmful algal blooms and hypoxia and alternative 
     coastal resource-utilization opportunities that are 
     available; and
       ``(G) the roles that Federal agencies can play to 
     facilitate implementation of the regional research and action 
     plan for that region.
       ``(c) Consultation.--In developing a regional research and 
     action plan under this section, the Under Secretary shall--
       ``(1) coordinate with State coastal management and planning 
     officials;
       ``(2) coordinate with tribal resource management officials;
       ``(3) coordinate with water management and watershed 
     officials from coastal States and noncoastal States with 
     water sources that drain into water bodies affected by 
     harmful algal blooms and hypoxia;
       ``(4) in matters relating to the Gulf of Mexico, coordinate 
     with the Gulf of Mexico Alliance;
       ``(5) coordinate with the Administrator and other Federal 
     agencies as the Under Secretary considers appropriate; and
       ``(6) consult with--
       ``(A) public health officials;
       ``(B) emergency management officials;
       ``(C) science and technology development institutions;
       ``(D) economists;
       ``(E) industries and businesses affected by marine and 
     freshwater harmful algal blooms and hypoxia;
       ``(F) scientists, with expertise concerning harmful algal 
     blooms or hypoxia, from academic or research institutions; 
     and
       ``(G) other stakeholders.
       ``(d) Building on Available Studies and Information.--In 
     developing a regional research and action plan under this 
     section, the Under Secretary shall--
       ``(1) utilize and build on existing research, assessments, 
     reports, including those carried out under existing law, and 
     other relevant sources; and
       ``(2) consider the impacts, research, and existing program 
     activities of all United States coastlines and fresh and 
     inland waters, including the Great Lakes, the Chesapeake Bay, 
     estuaries, and tributaries.
       ``(e) Schedule.--The Under Secretary shall--
       ``(1) begin developing the regional research and action 
     plans for at least a third of the regions not later than 9 
     months after the date of the enactment of the Harmful Algal 
     Blooms and Hypoxia Research and Control Amendments Act of 
     2012;
       ``(2) begin developing the regional research and action 
     plans for at least another third of the regions not later 
     than 21 months after the date of the enactment of the Harmful 
     Algal Blooms and Hypoxia Research and Control Amendments Act 
     of 2012;
       ``(3) begin developing the regional research and action 
     plans for the remaining regions not later than 33 months 
     after the date of the enactment of the Harmful Algal Blooms 
     and Hypoxia Research and Control Amendments Act of 2012; and
       ``(4) ensure that each regional research and action plan 
     developed under this section is--
       ``(A) completed and approved by the Task Force not later 
     than 12 months after the date that development of the 
     regional research and action plan begins; and
       ``(B) updated not less than once every 5 years after the 
     completion of the regional research and action plan.
       ``(f) Prioritization.--In developing the regional research 
     and action plans pursuant to subsection (e), the Under 
     Secretary shall begin with regions that historically have the 
     greatest record of harmful algal blooms or the largest 
     perennial hypoxic zones.
       ``(g) Funding.--
       ``(1) In general.--Subject to available appropriations, the 
     Under Secretary shall make funding available to eligible 
     organizations to implement the research, monitoring, 
     forecasting, modeling, and response actions included under 
     each approved regional research and action plan. The Program 
     shall select recipients through a merit-based, competitive 
     process and seek to fund research proposals that most 
     effectively align with the research priorities identified in 
     the relevant regional research and action plan.
       ``(2) Application; assurances.--An organization seeking 
     funding under this subsection shall submit an application to 
     the Program at such time, in such form and manner, and 
     containing such information and assurances as the Program may 
     require. The Program shall require each eligible organization 
     receiving funds under this subsection to utilize the 
     mechanisms under subsection (b)(2)(E) to ensure the transfer 
     of data and products developed under the regional research 
     and action plan.
       ``(3) Eligible organization.--In this subsection, the term 
     `eligible organization' means--
       ``(A) an institution of higher education, other non-profit 
     organization, State, tribal, or local government, commercial 
     organization, or Federal agency that meets the requirements 
     of this section and such other requirements as may be 
     established by the Under Secretary; and

[[Page S6826]]

       ``(B) with respect to nongovernmental organizations, an 
     organization that is subject to regulations promulgated or 
     guidelines issued to carry out this section, including United 
     States audit requirements that are applicable to 
     nongovernmental organizations.''.

     SEC. 308. REPORTING.

       Section 603 is amended by adding at the end the following:
       ``(j) Report.--Not later than 2 years after the submission 
     of the action strategy under section 603A, the Under 
     Secretary shall submit a report to the appropriate 
     congressional committees that describes--
       ``(1) the proceedings of the annual Task Force meetings;
       ``(2) the activities carried out under the Program and the 
     regional research and action plans, and the budget related to 
     the activities;
       ``(3) the progress made on implementing the action 
     strategy; and
       ``(4) any need to revise or terminate activities or 
     projects under the Program.
       ``(k) Program Report.--Not later than 5 years after the 
     date of enactment of the Harmful Algal Blooms and Hypoxia 
     Research and Control Amendments Act of 2012, the Task Force 
     shall submit a report on harmful algal blooms and hypoxia in 
     marine and freshwater systems to Congress that--
       ``(1) evaluates the state of scientific knowledge of 
     harmful algal blooms and hypoxia in marine and freshwater 
     systems, including their causes and ecological consequences;
       ``(2) evaluates the social and economic impacts of harmful 
     algal blooms and hypoxia, including their impacts on coastal 
     communities, and reviews those communities' efforts and 
     associated economic costs related to event forecasting, 
     planning, mitigation, response, public outreach, and 
     education;
       ``(3) examines and evaluates the human health impacts of 
     harmful algal blooms and hypoxia, including any gaps in 
     existing research;
       ``(4) describes advances in capabilities for monitoring, 
     forecasting, modeling, control, mitigation, and prevention of 
     harmful algal blooms and hypoxia, including techniques for 
     integrating landscape- and watershed-level water quality 
     information into marine and freshwater harmful algal bloom 
     and hypoxia prevention and mitigation strategies at Federal 
     and regional levels;
       ``(5) evaluates progress made by, and the needs of, 
     Federal, regional, State, tribal, and local policies and 
     strategies for forecasting, planning, mitigating, preventing, 
     and responding to harmful algal blooms and hypoxia, including 
     the economic costs and benefits of the policies and 
     strategies;
       ``(6) includes recommendations for integrating, improving, 
     and funding future Federal, regional, State, tribal, and 
     local policies and strategies for preventing and mitigating 
     the occurrence and impacts of harmful algal blooms and 
     hypoxia;
       ``(7) describes communication, outreach, and education 
     efforts to raise public awareness of harmful algal blooms and 
     hypoxia, their impacts, and the methods for mitigation and 
     prevention;
       ``(8) describes extramural research activities carried out 
     under section 605(b); and
       ``(9) specifies how resources were allocated between 
     intramural and extramural research and management activities, 
     including a justification for each allocation.''.

     SEC. 309. NORTHERN GULF OF MEXICO HYPOXIA.

       Section 604 is amended to read as follows:

     ``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

       ``(a) Task Force Initial Progress Reports.--Beginning not 
     later than 12 months after the date of enactment of the 
     Harmful Algal Blooms and Hypoxia Research and Control 
     Amendments Act of 2012, and every 2 years thereafter, the 
     Administrator, through the Mississippi River/Gulf of Mexico 
     Watershed Nutrient Task Force, shall submit a progress report 
     to the appropriate congressional committees and the President 
     that describes the progress made by Task Force-directed 
     activities carried out or funded by the Environmental 
     Protection Agency and other State and Federal partners toward 
     attainment of the goals of the Gulf Hypoxia Action Plan 2008.
       ``(b) Contents.--Each report required under this section 
     shall--
       ``(1) assess the progress made toward nutrient load 
     reductions, the response of the hypoxic zone and water 
     quality throughout the Mississippi/Atchafalaya River Basin, 
     and the economic and social effects;
       ``(2) evaluate lessons learned; and
       ``(3) recommend appropriate actions to continue to 
     implement or, if necessary, revise the strategy set forth in 
     the Gulf Hypoxia Action Plan 2008.''.

     SEC. 310. INTERAGENCY FINANCING.

       The Act, as amended by section 309, is further amended by 
     inserting after section 604 the following:

     ``SEC. 604A. INTERAGENCY FINANCING.

       ``The departments and agencies represented on the Task 
     Force may participate in interagency financing and share, 
     transfer, receive, obligate, and expend funds appropriated to 
     any member of the Task Force for the purposes of carrying out 
     any administrative or programmatic project or activity under 
     this title, including support for the Program, a common 
     infrastructure, information sharing, and system integration 
     for harmful algal bloom and hypoxia research, monitoring, 
     forecasting, prevention, and control. Funds may be 
     transferred among such departments and agencies through an 
     appropriate instrument that specifies the goods, services, or 
     space being acquired from another Task Force member and the 
     costs of the goods, services, and space. The amount of funds 
     transferrable under this section for any fiscal year may not 
     exceed 5 percent of the account from which such transfer was 
     made.''.

     SEC. 311. AUTHORIZATION OF APPROPRIATIONS.

       Section 605 is amended to read as follows:

     ``Sec. 605. Authorization of appropriations

       ``(a) In General.--There are authorized to be appropriated, 
     for each of the fiscal years 2011 through 2015 to the Under 
     Secretary to carry out sections 603A and 603B, $15,000,000.
       ``(b) Extramural Research Activities.--The Under Secretary 
     shall ensure that a substantial portion of funds appropriated 
     pursuant to subsection (a) that are used for research 
     purposes are allocated to extramural research activities.''.

     SEC. 312. DEFINITIONS; CONFORMING AMENDMENT.

       (a) In General.--The Act is amended by inserting after 
     section 605 the following:

     ``Sec. 605A. Definitions

       ``In this title:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Harmful algal bloom.--The term `harmful algal bloom' 
     means marine and freshwater phytoplankton that proliferate to 
     high concentrations, resulting in nuisance conditions or 
     harmful impacts on marine and aquatic ecosystems, coastal 
     communities, and human health through the production of toxic 
     compounds or other biological, chemical, and physical impacts 
     of the algae outbreak.
       ``(3) Hypoxia.--The term `hypoxia' means a condition where 
     low dissolved oxygen in aquatic systems causes stress or 
     death to resident organisms.
       ``(4) Program.--The term `Program' means the National 
     Harmful Algal Bloom and Hypoxia Program established under 
     section 603A.
       ``(5) Regional research and action plan.--The term 
     `regional research and action plan' means a plan established 
     under section 603B.
       ``(6) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, any other territory or possession of the United 
     States, and any Indian tribe.
       ``(7) Task force.--The term `Task Force' means the Inter-
     Agency Task Force established by section 603(a).
       ``(8) Under secretary.--The term `Under Secretary' means 
     the Under Secretary of Commerce for Oceans and Atmosphere.
       ``(9) United states coastal waters.--The term `United 
     States coastal waters' includes the Great Lakes.''.
       (b) Conforming Amendment.--Section 603(a) is amended by 
     striking ``(hereinafter referred to as the `Task Force')''.

     SEC. 313. APPLICATION WITH OTHER LAWS.

       The Act is amended by adding after section 606 the 
     following:

     ``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.

       ``Nothing in this title supersedes or limits the authority 
     of any agency to carry out its responsibilities and missions 
     under other laws.''.
                                 ______
                                 
  SA 2921. Mr. PRYOR (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill S. 3525, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. ___. CERTAIN EXEMPTIONS RELATING TO THE TAKING OF 
                   MIGRATORY GAME BIRDS.

       (a) Short Title.--This section may be cited as the 
     ``Farmer's Protection Act of 2012''.
       (b) Exemptions on Certain Land.--Section 3 of the Migratory 
     Bird Treaty Act (16 U.S.C. 704) is amended by adding at the 
     end the following:
       ``(c) Exemptions on Certain Land.--
       ``(1) In general.--Nothing in this section prohibits the 
     taking of any migratory game bird, including waterfowl, 
     coots, and cranes, on or over land that--
       ``(A) is not a baited area; and
       ``(B) contains--
       ``(i) a standing crop or flooded standing crop, including 
     an aquatic crop;
       ``(ii) standing, flooded, or manipulated natural 
     vegetation;
       ``(iii) flooded harvested cropland; or
       ``(iv) based on the determination of the applicable State 
     office of the Cooperative Extension System of the Department 
     of Agriculture at the request of the Secretary of the 
     Interior, an area on which seed or grain has been scattered 
     solely as the result of a normal agricultural planting, 
     harvesting, post-harvest manipulation, or normal soil 
     stabilization practice.
       ``(2) Determinations.--
       ``(A) In general.--For purposes of making a determination 
     under paragraph (1)(B)(iv), each State office of the 
     Cooperative Extension System of the Department of Agriculture 
     shall determine the activities in that

[[Page S6827]]

     State that the State office considers to be a normal 
     agricultural practice in the State, such as mowing, 
     shredding, discing, rolling, chopping, trampling, flattening, 
     burning, or carrying out herbicide treatment.
       ``(B) Revisions.--A State office may revise a report 
     described in subparagraph (A) as the State office determines 
     to be necessary to reflect changing agricultural 
     practices.''.
                                 ______
                                 
  SA 2922. Mr. PRYOR (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed to amendment SA 2875 proposed by Mr. 
Reid (for Mr. Tester) to the bill S. 3525, to protect and enhance 
opportunities for recreational hunting, fishing, and shooting, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of section 233, add the following:
       (c) Exemptions on Certain Land.--Section 3 of the Migratory 
     Bird Treaty Act (16 U.S.C. 704) is amended by adding at the 
     end the following:
       ``(c) Exemptions on Certain Land.--
       ``(1) In general.--Nothing in this section prohibits the 
     taking of any migratory game bird, including waterfowl, 
     coots, and cranes, on or over land that--
       ``(A) is not a baited area; and
       ``(B) contains--
       ``(i) a standing crop or flooded standing crop, including 
     an aquatic crop;
       ``(ii) standing, flooded, or manipulated natural 
     vegetation;
       ``(iii) flooded harvested cropland; or
       ``(iv) based on the determination of the applicable State 
     office of the Cooperative Extension System of the Department 
     of Agriculture at the request of the Secretary of the 
     Interior, an area on which seed or grain has been scattered 
     solely as the result of a normal agricultural planting, 
     harvesting, post-harvest manipulation, or normal soil 
     stabilization practice.
       ``(2) Determinations.--
       ``(A) In general.--For purposes of making a determination 
     under paragraph (1)(B)(iv), each State office of the 
     Cooperative Extension System of the Department of Agriculture 
     shall determine the activities in that State that the State 
     office considers to be a normal agricultural practice in the 
     State, such as mowing, shredding, discing, rolling, chopping, 
     trampling, flattening, burning, or carrying out herbicide 
     treatment.
       ``(B) Revisions.--A State office may revise a report 
     described in subparagraph (A) as the State office determines 
     to be necessary to reflect changing agricultural 
     practices.''.

                          ____________________