[Congressional Record Volume 161, Number 36 (Tuesday, March 3, 2015)]
[Senate]
[Pages S1248-S1254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. McCONNELL:
S. 625. A bill to provide for congressional review and oversight of
agreements relating to Iran's nuclear program, and for other purposes;
read the first time.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 625
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nuclear Agreement
Review Act of 2015''.
SEC. 2. CONGRESSIONAL REVIEW AND OVERSIGHT OF AGREEMENTS WITH
IRAN RELATING TO THE NUCLEAR PROGRAM OF IRAN.
The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is
amended by inserting after section 134 the following new
section:
``SEC. 135. CONGRESSIONAL REVIEW AND OVERSIGHT OF AGREEMENTS
WITH IRAN.
``(a) Transmission to Congress of Nuclear Agreements With
Iran and Verification Assessment With Respect to Such
Agreements.--
``(1) Transmission of agreements.--Not later than 5
calendar days after reaching an agreement with Iran relating
to the nuclear program of Iran, the President shall transmit
to the appropriate congressional committees--
``(A) the text of the agreement and all related materials
and annexes;
``(B) a verification assessment report of the Secretary of
State prepared under paragraph (2) with respect to the
agreement; and
``(C) a certification that--
``(i) the agreement includes the appropriate terms,
conditions, and duration of the agreement's requirements with
respect to Iran's nuclear activities and provisions
describing any sanctions to be waived, suspended, or
otherwise reduced by the United States, and any other nation
or entity, including the United Nations; and
``(ii) the President determines the agreement meets United
States non-proliferation objectives, does not jeopardize the
common defense and security, provides an adequate framework
to ensure that Iran's nuclear activities permitted thereunder
will not be inimical to or constitute an unreasonable risk to
the common defense and security, and ensures that Iran's
nuclear activities permitted thereunder will not be used to
further any nuclear-related military or nuclear explosive
purpose, including for any research on or development of any
nuclear explosive device or any other nuclear-related
military purpose.
``(2) Verification assessment report.--
``(A) In general.--The Secretary of State shall prepare,
with respect to an agreement described in paragraph (1), a
report assessing--
``(i) the extent to which the Secretary will be able to
verify that Iran is complying with its obligations under the
agreement;
``(ii) the adequacy of the safeguards and other control
mechanisms and other assurances contained in the agreement
with respect to Iran's nuclear program to ensure Iran's
activities permitted thereunder will not be used to further
any nuclear-related military or nuclear explosive purpose,
including for any research on or development of any nuclear
explosive device or any other nuclear-related military
purpose; and
``(iii) the capacity and capability of the International
Atomic Energy Agency to effectively implement the
verification regime required by the agreement, including
whether the International Atomic Energy Agency has the
required funding, manpower, and authority to do so.
``(B) Assumptions.--In preparing a report under
subparagraph (A) with respect to an agreement described in
paragraph (1), the Secretary shall assume that Iran could--
``(i) use all measures not expressly prohibited by the
agreement to conceal activities that violate its obligations
under the agreement; and
``(ii) alter or deviate from standard practices in order to
impede efforts to verify that Iran is complying with those
obligations.
``(C) Classified annex.--A report under subparagraph (A)
shall be transmitted in unclassified form, but shall include
a classified annex prepared in consultation with the Director
of National Intelligence, summarizing relevant classified
information.
``(3) Exception.--The requirements of subparagraphs (B) and
(C) of paragraph (1) shall not apply to an agreement defined
in subsection (i)(4).
``(b) Period for Review by Congress of Nuclear Agreements
With Iran.--
``(1) In general.--During the 60-day period following
transmittal by the President of an agreement pursuant to
subsection (a), the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives shall, as appropriate, hold hearings and
briefings and otherwise obtain information in order to fully
review such agreement.
``(2) Limitation on actions during period of review.--
Notwithstanding any other provision of law, except as
provided in paragraph (3), during the period for review
provided in paragraph (1), the President may not waive,
suspend, reduce, provide relief from, or otherwise limit the
application of statutory sanctions with respect to Iran under
any provision of law or refrain from applying any such
sanctions pursuant to an agreement described in subsection
(a).
``(3) Exception.--The prohibition under paragraph (2) does
not apply to any deferral, waiver, or other suspension of
statutory sanctions pursuant to the Joint Plan of Action if
that deferral, waiver, or other suspension is made--
``(A) consistent with the law in effect on the date of the
enactment of the Iran Nuclear Agreement Review Act of 2015;
and
``(B) not later than 45 days before the transmission by the
President of an agreement, assessment report, and
certification under subsection (a).
``(c) Effect of Congressional Action With Respect to
Nuclear Agreements With Iran.--
``(1) In general.--Notwithstanding any other provision of
law, action involving any measure of statutory sanctions
relief by the United States pursuant to an agreement subject
to subsection (a) or the Joint Plan of Action--
``(A) may be taken, consistent with existing statutory
requirements for such action, if, during the period for
review provided in subsection (b)(1), the Congress adopts,
and there is enacted, a joint resolution stating in substance
that the Congress does favor the agreement;
``(B) may not be taken if, during the period for review
provided in subsection (b)(1), the Congress adopts, and there
is enacted, a joint resolution stating in substance that the
Congress does not favor the agreement; or
``(C) may be taken, consistent with existing statutory
requirements for such action, if, following the period for
review provided in subsection (b)(1), there is not enacted
any such joint resolution.
``(2) Definition.--For the purposes of this subsection, the
phrase `action involving any measure of statutory sanctions
relief by the United States' shall include waiver,
suspension, reduction, or other effort to provide relief
from, or otherwise limit the application of statutory
sanctions with respect to, Iran under any provision of law or
any other effort to refrain from applying any such sanctions.
``(d) Congressional Oversight of Iranian Compliance With
Nuclear Agreements.--
``(1) In general.--The President shall, within 10 days of
receiving credible and accurate information relating to a
potentially significant breach or compliance incident by Iran
with respect to an agreement subject to subsection (a),
submit such information to the appropriate congressional
committees.
``(2) Material breach report.--Not later than 10 days after
submitting information about a potentially significant breach
or compliance incident pursuant to paragraph (1), the
President shall make a determination whether such potentially
significant breach or compliance issue constitutes a material
breach and shall submit to the appropriate congressional
committees such determination, accompanied by, as
appropriate, a report on the action or failure to act by Iran
that led to the material breach, actions necessary for Iran
to cure the breach, and the status of Iran's efforts to cure
the breach.
``(3) Semi-annual report.--Not later than 180 days after
entering into an agreement described in subsection (a), and
not less frequently than once every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report on Iran's nuclear program and the
compliance of Iran with the agreement during the period
[[Page S1249]]
covered by the report, including the following elements:
``(A) Any action or failure to act by Iran that breached
the agreement or is in noncompliance with the terms of the
agreement.
``(B) Any delay by Iran of more than one week in providing
inspectors access to facilities, people, and documents in
Iran as required by the agreement.
``(C) Any progress made by Iran to resolve concerns by the
International Atomic Energy Agency about possible military
dimensions of Iran's nuclear program.
``(D) Any procurement by Iran of materials in violation of
the agreement.
``(E) Any centrifuge research and development conducted by
Iran that--
``(i) is not in compliance with the agreement; or
``(ii) may substantially enhance the enrichment capacity of
Iran if deployed.
``(F) Any diversion by Iran of uranium, carbon-fiber, or
other materials for use in Iran's nuclear program in
violation of the agreement.
``(G) Any covert nuclear activities undertaken by Iran.
``(H) An assessment of whether any Iranian financial
institutions are engaged in money laundering or terrorist
finance activities, including names of specific financial
institutions if applicable.
``(I) An assessment of--
``(i) whether, and the extent to which, Iran supported acts
of terrorism; and
``(ii) whether Iran directly supported, financed, planned,
or carried out an act of terrorism against the United States
or a United States person anywhere in the world.
``(4) Additional reports and information.--
``(A) Agency reports.--Following submission of an agreement
pursuant to subsection (a) to the appropriate congressional
committees, the Department of State, the Department of
Energy, and the Department of Defense shall, upon the request
of either of those committees, promptly furnish to those
committees their views as to whether the safeguards and other
controls contained in the agreement with respect to Iran's
nuclear program provide an adequate framework to ensure that
Iran's activities permitted thereunder will not be inimical
to or constitute an unreasonable risk to the common defense
and security.
``(B) Provision of information on nuclear initiatives with
iran.--The President shall keep the appropriate congressional
committees fully and currently informed of any initiative or
negotiations with Iran relating Iran's nuclear program,
including any new or amended agreement.
``(5) Certification.--After the review period provided in
subsection (b)(1), the President shall, not less than every
90 days--
``(A) determine whether the President is able to certify
that--
``(i) Iran is transparently, verifiably, and fully
implementing the agreement, including all related technical
or additional agreements;
``(ii) Iran has not committed a material breach with
respect to the agreement or, if Iran has committed a material
breach, Iran has cured the material breach;
``(iii) Iran has not taken any action, including covert
action, that could significantly advance its nuclear weapons
program;
``(iv) Iran has not directly supported or carried out an
act of terrorism against the United States or a United States
person anywhere in the world; and
``(v) suspension of sanctions related to Iran pursuant to
the agreement is--
``(I) appropriate and proportionate to the specific and
verifiable measures taken by Iran with respect to terminating
its illicit nuclear program; and
``(II) vital to the national security interests of the
United States; and
``(B) if the President determines he is able to make the
certification described in subparagraph (A), make such
certification to the appropriate congressional committees.
``(e) Expedited Consideration of Legislation.--
``(1) In general.--In the event the President does not
submit a certification pursuant to subsection (d)(5) or has
determined pursuant to subsection (d)(2) that Iran has
materially breached an agreement subject to subsection (a),
Congress may initiate within 60 days expedited consideration
of qualifying legislation pursuant to this subsection.
``(2) Qualifying legislation defined.--For purposes of this
subsection, the term `qualifying legislation' means only a
bill of either House of Congress--
``(A) the title of which is as follows: `A bill reinstating
statutory sanctions imposed with respect to Iran.'; and
``(B) the matter after the enacting clause of which is:
`Any statutory sanctions imposed with respect to Iran
pursuant to ______ that were waived, suspended, reduced, or
otherwise relieved pursuant to an agreement submitted
pursuant to section 135(a) of the Atomic Energy Act of 1954
are hereby reinstated and any action by the United States
Government to facilitate the release of funds or assets to
Iran pursuant to such agreement, or provide any further
waiver, suspension, reduction, or other relief is hereby
prohibited.', with the blank space being filled in with the
law or laws under which sanctions are to be reinstated.
``(3) Introduction.--During the 60-day period provided for
in paragraph (1), qualifying legislation may be introduced--
``(A) in the House of Representatives, by the Speaker (or
the Speaker's designee) or the minority leader (or the
minority leader's designee); and
``(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or the
minority leader's designee).
``(4) Committee referral.--Qualifying legislation
introduced in the Senate shall be referred to the Committee
on Foreign Relations and in the House of Representatives to
the Committee on Foreign Affairs.
``(5) Discharge.--If the committee of either House to which
qualifying legislation has been referred has not reported
such qualifying legislation within 10 session days after the
date of referral of such legislation, that committee shall be
discharged from further consideration of such legislation and
the qualifying legislation shall be placed on the appropriate
calendar.
``(6) Floor consideration in house of representatives.--
``(A) Proceeding to consideration.--After each committee
authorized to consider qualifying legislation reports it to
the House of Representatives or has been discharged from its
consideration, it shall be in order to move to proceed to
consider the qualifying legislation in the House. All points
of order against the motion are waived. Such a motion shall
not be in order after the House has disposed of a motion to
proceed on the qualifying legislation. The previous question
shall be considered as ordered on the motion to its adoption
without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
``(B) Consideration.--The qualifying legislation shall be
considered as read. All points of order against the
qualifying legislation and against its consideration are
waived. The previous question shall be considered as ordered
on the qualifying legislation to its passage without
intervening motion except 2 hours of debate equally divided
and controlled by the proponent and an opponent. A motion to
reconsider the vote on passage of the qualifying legislation
shall not be in order. No amendment to, or motion to
recommit, qualifying legislation shall be in order.
``(C) Appeals.--All appeals from the Chair relating to the
application of the Rules of the House of Representatives to
the procedure relating to the qualifying legislation shall be
decided without debate.
``(7) Floor consideration in the senate.--
``(A) In general.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any time
after the committee authorized to consider qualifying
legislation reports it to the Senate or has been discharged
from its consideration (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the
consideration of qualifying legislation, and all points of
order against qualifying legislation (and against
consideration of the qualifying legislation) are waived. The
motion to proceed is not debatable. The motion is not subject
to a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of the
qualifying legislation is agreed to, the qualifying
legislation shall remain the unfinished business until
disposed of.
``(B) Debate.--Debate on qualifying legislation, and on all
debatable motions and appeals in connection therewith, shall
be limited to not more than 10 hours, which shall be divided
equally between the majority and minority leaders or their
designees. A motion to further limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or
a motion to recommit the qualifying legislation is not in
order.
``(C) Vote on passage.--The vote on passage shall occur
immediately following the conclusion of the debate on the
qualifying legislation and a single quorum call at the
conclusion of the debate, if requested in accordance with the
rules of the Senate.
``(D) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to qualifying legislation shall be decided without
debate.
``(E) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to qualifying legislation,
including all debatable motions and appeals in connection
with such qualifying legislation, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
``(8) Rules relating to senate and house of
representatives.--
``(A) Coordination with action by other house.--If, before
the passage by one House of qualifying legislation of that
House, that House receives qualifying legislation from the
other House, then the following procedures shall apply:
``(i) The qualifying legislation of the other House shall
not be referred to a committee.
``(ii) With respect to qualifying legislation of the House
receiving the legislation--
``(I) the procedure in that House shall be the same as if
no qualifying legislation had been received from the other
House; but
``(II) the vote on passage shall be on the qualifying
legislation of the other House.
``(B) Treatment of joint resolution of other house.--If one
House fails to introduce or consider qualifying legislation
under
[[Page S1250]]
this section, the qualifying legislation of the other House
shall be entitled to expedited floor procedures under this
section.
``(C) Treatment of companion measures.--If, following
passage of the qualifying legislation in the Senate, the
Senate then receives a companion measure from the House of
Representatives, the companion measure shall not be
debatable.
``(f) Rules of House of Representatives and Senate.--
Subsection (e) is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
are deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of legislation described
in those sections, and supersede other rules only to the
extent that they are inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``(g) Rules of Construction.--Nothing in the section shall
be construed as--
``(1) modifying, or having any other impact on, the
President's authority to negotiate, enter into, or implement
appropriate executive agreements, other than the restrictions
on implementation of the agreements specifically covered by
this Act;
``(2) allowing any new waiver, suspension, reduction, or
other relief from statutory sanctions with respect to Iran
under any provision of law, or allowing the President to
refrain from applying any such sanctions pursuant to an
agreement described in subsection (a) during the period for
review provided in subsection (b)(1);
``(3) revoking or terminating any statutory sanctions
imposed on Iran; or
``(4) authorizing the use of military force against Iran.
``(h) Sense of Congress.--It is the sense of Congress
that--
``(1) the sanctions regime imposed on Iran by Congress is
primarily responsible for bringing Iran to the table to
negotiate on its nuclear program;
``(2) these negotiations are a critically important matter
of national security and foreign policy for the United States
and its closest allies; and
``(3) it is critically important that Congress have the
opportunity to consider and, as appropriate, take action on
any agreement affecting the statutory sanctions regime
imposed by Congress.
``(i) Definitions.--In this section:
``(1) Agreement and all related materials and annexes.--The
term `agreement and all related materials and annexes' means
the agreement itself and any additional materials related
thereto, including annexes, appendices, codicils, side
agreements, implementing materials, documents, and guidance,
technical or other understandings, and any related
agreements, whether entered into or implemented prior to the
agreement or to be entered into or implemented in the future.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
``(3) Iranian financial institution.--The term `Iranian
financial institution' has the meaning given the term in
section 104A(d) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513b(d)).
``(4) Joint plan of action.--The term `Joint Plan of
Action' means the Joint Plan of Action, signed at Geneva
November 24, 2013, by Iran and by France, Germany, the
Russian Federation, the People's Republic of China, the
United Kingdom, and the United States, and all implementing
materials and agreements related to the Joint Plan of Action,
including the technical understandings reached on January 12,
2014, the extension thereto agreed to on July 18, 2014, the
extension agreed to on November 24, 2014, and any extension
that is agreed to on or after the date of the enactment of
the Iran Nuclear Agreement Review Act of 2015.
``(5) Material breach.--The term `material breach' means,
with respect to an agreement described in subsection (a), any
breach of the agreement that substantially--
``(A) benefits Iran's nuclear program;
``(B) decreases the amount of time required by Iran to
achieve a nuclear weapon; or
``(C) deviates from or undermines the purposes of such
agreement.
``(6) Noncompliance defined.--The term `noncompliance'
means any departure from the terms of an agreement described
in subsection (a) that is not a material breach.
``(7) P5+1 countries.--The term `P5+1 countries' means the
United States, France, the Russian Federation, the People's
Republic of China, the United Kingdom, and Germany.
``(8) United states person.--The term `United States
person' has the meaning given that term in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (22 U.S.C. 8511).''.
This act shall become effective 1 day after enactment.
______
By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
S. 630. A bill to establish the Sacramento-San Joaquin Delta National
Heritage Area; to the Committee on Energy and Natural Resources.
Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and Senator
Boxer to introduce legislation to establish a National Heritage Area in
the California Sacramento-San Joaquin Delta. This legislation will
create the first Heritage Area in California.
This bill was first introduced in 2011 and has been the subject of
Energy and Natural Resources Committee hearings in both the 112th and
113th Congresses. Since then, the Delta Protection Commission has
completed a feasibility study, as required, and endorsed the
legislation. Additionally, the National Park Service has confirmed that
the study is consistent with the agency's interim National Heritage
Area Feasibility Study Guidelines.
I was pleased to have had the opportunity to work with Senator Boxer,
Representative John Garamendi, and the County Supervisors from the five
Delta Counties to develop this legislation and look forward to
continuing to partner with them as well as local, State and Federal
agencies to care for and improve the Delta.
This bill will establish the Sacramento-San Joaquin Delta as a
National Heritage Area. The purpose of the heritage area is to conserve
and protect the Delta, its communities, its resources, and its history.
The Delta Protection Commission, created by California law and
responsible to the citizens of the Delta and California, will manage
the Heritage Area. It will ensure an open and public process, working
with all levels of Federal, State, and local government, tribes, local
stakeholders, and private property owners as it develops and implements
the management plan for the Heritage Area. The bill authorizes $10
million in Federal assistance over the next 15 years to provide
technical assistance and matching grants to local governments and
nonprofit organizations to implement the management plan to conserve
and protect the delta's natural, historical and cultural resources.
It is also important to understand what this legislation will not do.
It will not affect water rights. It will not affect water contracts. It
will not affect private property. It will not affect fishing or
hunting.
Nothing in this bill gives any governmental agency any more
regulatory power than it already has, nor does it take away regulatory
from agencies that have it.
In short, this bill does not affect water rights or water contracts,
nor does it impose any additional responsibilities on local government
or residents. Instead, it authorizes Federal assistance to a local
process already required by State law that will elevate the Delta,
providing a means to conserve and protect its valued communities,
resources, and history.
The Sacramento-San Joaquin Delta is the largest estuary on the West
Coast. It is the most extensive inland delta in the world, and a unique
national treasure.
Today, it is a labyrinth of sloughs, wetlands, and deepwater channels
that connect the waters of the high Sierra mountain streams to the
Pacific Ocean through the San Francisco Bay. Its approximately 60
islands are protected by 1,100 miles of levees, and are home to
3,500,000 residents, including 2,500 family farmers. The Delta and its
farmers produce some of the highest quality specialty crops in the
United States.
The Delta offers recreational opportunities to the two million
Californians who visit the area each year for boating, fishing,
hunting, visiting historic sites, and viewing wildlife. It provides
habitat for more than 750 species of plants and wildlife. These include
sand hill cranes that migrate to the Delta wetland from places as far
away as Siberia. The Delta also provides habitat for 55 species of
fish, including Chinook salmon, some as large as 60 pounds, that return
each year to travel through the Delta to spawn in the tributaries.
These same waterways also channel fresh water to the Federal and
State-owned pumps in the South Delta that provide water to 23 million
Californians and three million acres of irrigated agricultural land
elsewhere in the State.
Before the Delta was reclaimed for farmland in the 19th Century, the
Delta flooded regularly with snow melt each spring, and provided the
rich environment that, by 1492, supported the
[[Page S1251]]
largest settlement of Native Americans in North America.
The Delta was the gateway to the gold fields in 1849, after which
Chinese workers built hundreds of miles of levees throughout the
waterways of the Delta to make its rich peat soils available for
farming and to control flooding.
Japanese, Italians, German, Portuguese, Dutch, Greeks, South Asians
and other immigrants began the farming legacy, and developed
technologies specifically adapted to the unique environment, including
the Caterpillar Tractor, which later contributed to agriculture and
transportation internationally.
Delta communities created a river culture befitting their dependence
on water transport, a culture which has attracted the attention of
authors from Mark Twain and Jack London to Joan Didion.
The National Heritage Area designation for the Sacramento-San Joaquin
Delta will help local governments develop and implement a plan for a
sustainable future by providing federal recognition, technical
assistance and small amounts of funding to a community-based process
already underway.
Through the Delta Heritage Area, local communities and citizens will
partner with Federal, State and local governments to collaboratively
work to promote conservation, community revitalization, and economic
development projects.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection the text of the bill was ordered to be
printed in the Record, as follows:
S. 630
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sacramento-San Joaquin Delta
National Heritage Area Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Sacramento-San Joaquin Delta Heritage Area established by
section 3(a).
(2) Heritage area management plan.--The term ``Heritage
Area management plan'' means the plan developed and adopted
by the local coordinating entity under this Act.
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 3(d).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
California.
SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA HERITAGE AREA.
(a) Establishment.--There is established the ``Sacramento-
San Joaquin Delta Heritage Area'' in the State.
(b) Boundaries.--The boundaries of the Heritage Area shall
be in the counties of Contra Costa, Sacramento, San Joaquin,
Solano, and Yolo in the State of California, as generally
depicted on the map entitled ``Sacramento-San Joaquin Delta
National Heritage Area Proposed Boundary'', numbered T27/
105,030, and dated October 2012.
(c) Availability of Map.--The map described in subsection
(b) shall be on file and available for public inspection in
the appropriate offices of the National Park Service and the
Delta Protection Commission.
(d) Local Coordinating Entity.--The local coordinating
entity for the Heritage Area shall be the Delta Protection
Commission established by section 29735 of the California
Public Resources Code.
(e) Administration.--
(1) Authorities.--For purposes of carrying out the Heritage
Area management plan, the Secretary, acting through the local
coordinating entity, may use amounts made available under
this Act to--
(A) make grants to the State or a political subdivision of
the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, and heritage programming;
(D) obtain money or services from any source including any
that are provided under any other Federal law or program;
(E) contract for goods or services; and
(F) undertake to be a catalyst for any other activity that
furthers the Heritage Area and is consistent with the
approved Heritage Area management plan.
(2) Duties.--The local coordinating entity shall--
(A) in accordance with subsection (f), prepare and submit a
Heritage Area management plan to the Secretary;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out
the approved Heritage Area management plan by--
(i) carrying out programs and projects that recognize,
protect, and enhance important resource values in the
Heritage Area;
(ii) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(iii) developing recreational and educational opportunities
in the Heritage Area;
(iv) increasing public awareness of, and appreciation for,
natural, historical, scenic, and cultural resources of the
Heritage Area;
(v) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with Heritage Area
themes;
(vi) ensuring that clear, consistent, and appropriate signs
identifying points of public access, and sites of interest
are posted throughout the Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
Heritage Area;
(C) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the Heritage
Area management plan;
(D) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the Heritage Area management plan;
(E) for any year that Federal funds have been received
under this Act--
(i) submit an annual report to the Secretary that describes
the activities, expenses, and income of the local
coordinating entity (including grants to any other entities
during the year that the report is made);
(ii) make available to the Secretary for audit all records
relating to the expenditure of the funds and any matching
funds; and
(iii) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
organizations receiving the funds make available to the
Secretary for audit all records concerning the expenditure of
the funds; and
(F) encourage by appropriate means economic viability that
is consistent with the Heritage Area.
(3) Prohibition on the acquisition of real property.--The
local coordinating entity shall not use Federal funds made
available under this Act to acquire real property or any
interest in real property.
(4) Cost-sharing requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this Act shall be 50 percent.
(f) Heritage Area Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit to the Secretary for approval a proposed Heritage Area
management plan.
(2) Requirements.--The Heritage Area management plan
shall--
(A) incorporate an integrated and cooperative approach to
agricultural resources and activities, flood protection
facilities, and other public infrastructure;
(B) emphasizes the importance of the resources described in
subparagraph (A);
(C) take into consideration State and local plans;
(D) include--
(i) an inventory of--
(I) the resources located in the core area described in
subsection (b); and
(II) any other property in the core area that--
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, or maintained
because of the significance of the property;
(ii) comprehensive policies, strategies and recommendations
for conservation, funding, management, and development of the
Heritage Area;
(iii) a description of actions that governments, private
organizations, and individuals have agreed to take to protect
the natural, historical and cultural resources of the
Heritage Area;
(iv) a program of implementation for the Heritage Area
management plan by the local coordinating entity that
includes a description of--
(I) actions to facilitate ongoing collaboration among
partners to promote plans for resource protection,
restoration, and construction; and
(II) specific commitments for implementation that have been
made by the local coordinating entity or any government,
organization, or individual for the first 5 years of
operation;
(v) the identification of sources of funding for carrying
out the Heritage Area management plan;
(vi) analysis and recommendations for means by which local,
State, and Federal programs, including the role of the
National Park Service in the Heritage Area, may best be
coordinated to carry out this Act; and
(vii) an interpretive plan for the Heritage Area; and
(E) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including
the development of intergovernmental and interagency
cooperative agreements to protect the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area.
[[Page S1252]]
(3) Restrictions.--The Heritage Area management plan
submitted under this subsection shall--
(A) ensure participation by appropriate Federal, State,
tribal, and local agencies, including the Delta Stewardship
Council, special districts, natural and historical resource
protection and agricultural organizations, educational
institutions, businesses, recreational organizations,
community residents, and private property owners; and
(B) not be approved until the Secretary has received
certification from the Delta Protection Commission that the
Delta Stewardship Council has reviewed the Heritage Area
management plan for consistency with the plan adopted by the
Delta Stewardship Council pursuant to State law.
(4) Deadline.--If a proposed Heritage Area management plan
is not submitted to the Secretary by the date that is 3 years
after the date of enactment of this Act, the local
coordinating entity shall be ineligible to receive additional
funding under this Act until the date that the Secretary
receives and approves the Heritage Area management plan.
(5) Approval or disapproval of heritage area management
plan.--
(A) In general.--Not later than 180 days after the date of
receipt of the Heritage Area management plan under paragraph
(1), the Secretary, in consultation with the State, shall
approve or disapprove the Heritage Area management plan.
(B) Criteria for approval.--In determining whether to
approve the Heritage Area management plan, the Secretary
shall consider whether--
(i) the local coordinating entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses, and
recreational organizations;
(ii) the local coordinating entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the Heritage
Area management plan; and
(iii) the resource protection and interpretation strategies
contained in the Heritage Area management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage Area.
(C) Action following disapproval.--If the Secretary
disapproves the Heritage Area management plan under
subparagraph (A), the Secretary shall--
(i) advise the local coordinating entity in writing of the
reasons for the disapproval;
(ii) make recommendations for revisions to the Heritage
Area management plan; and
(iii) not later than 180 days after the receipt of any
proposed revision of the Heritage Area management plan from
the local coordinating entity, approve or disapprove the
proposed revision.
(D) Amendments.--
(i) In general.--The Secretary shall approve or disapprove
each amendment to the Heritage Area management plan that the
Secretary determines make a substantial change to the
Heritage Area management plan.
(ii) Use of funds.--The local coordinating entity shall not
use Federal funds authorized by this Act to carry out any
amendments to the Heritage Area management plan until the
Secretary has approved the amendments.
(g) Relationship to Other Federal Agencies.--
(1) In general.--Nothing in this Act affects the authority
of a Federal agency to provide technical or financial
assistance under any other law.
(2) Consultation and coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on the Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the local coordinating
entity to the maximum extent practicable.
(3) Other federal agencies.--Nothing in this Act--
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(C) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
(h) Private Property and Regulatory Protections.--
(1) In general.--Subject to paragraph (2), nothing in this
Act--
(A) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(B) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to
the property of the property owner, or to modify public
access or use of property of the property owner under any
other Federal, State, or local law;
(C) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the local coordinating entity;
(D) authorizes or implies the reservation or appropriation
of water or water rights;
(E) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(F) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
(2) Opt out.--An owner of private property within the
Heritage Area may opt out of participating in any plan,
project, program, or activity carried out within the Heritage
Area under this Act, if the property owner provides written
notice to the local coordinating entity.
(i) Evaluation; Report.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall--
(A) conduct an evaluation of the accomplishments of the
Heritage Area; and
(B) prepare a report in accordance with paragraph (3).
(2) Evaluation.--An evaluation conducted under paragraph
(1)(A) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of this Act for the Heritage
Area; and
(ii) achieving the goals and objectives of the approved
Heritage Area management plan;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Report.--
(A) In general.--Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(B) Required analysis.--If the report prepared under
subparagraph (A) recommends that Federal funding for the
Heritage Area be reauthorized, the report shall include an
analysis of--
(i) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(ii) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(C) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(j) Effect of Designation.--Nothing in this Act--
(1) precludes the local coordinating entity from using
Federal funds made available under other laws for the
purposes for which those funds were authorized; or
(2) affects any water rights or contracts.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this Act $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the
total cost of any activity under this Act shall be determined
by the Secretary, but shall be not more than 50 percent.
(c) Non-Federal Share.--The non-Federal share of the total
cost of any activity under this Act may be in the form of in-
kind contributions of goods or services.
SEC. 5. TERMINATION OF AUTHORITY.
(a) In General.--If a proposed Heritage Area management
plan has not been submitted to the Secretary by the date that
is 5 years after the date of enactment of this Act, the
Heritage Area designation shall be rescinded.
(b) Funding Authority.--The authority of the Secretary to
provide assistance under this Act terminates on the date that
is 15 years after the date of enactment of this Act.
______
By Ms. MURKOWSKI (for herself and Mr. Sullivan):
S. 631. A bill to exempt National Forest System land in the State of
Alaska from the Roadless Area Conservation Rule; to the Committee on
Energy and Natural Resources.
Ms. MURKOWSKI. Mr. President, rise today to introduce legislation
that I have cosponsored for a number of years, that will remedy the
problems that have been created by this administration's decision to
apply the, Inventoried, Roadless Area Conservation Rule to Alaska,
especially in Southeast Alaska's Tongass National Forest, and also in
the Chugach National Forest of Southcentral Alaska. I am joined today
in introducing that bill by my Alaska colleague Senator Dan Sullivan.
Back in 2001 the Clinton administration promulgated the Nationwide
Inventoried Area Roadless Conservation Rule. Initially the rule did not
cover the Tongass National Forest in Alaska, which has been the subject
of congressional review and special legislation twice in the past 35
years, first in the Alaska National Interest Lands Conservation Act in
1980, which reduced the allowable timber harvest in
[[Page S1253]]
the 16.9-million acre forest from nearly 1 billion board feet a year to
a 450 million board foot harvest level, and later by the Tongass Timber
Reform Act of 1990, which further reduced the allowable harvest level
to 267 million board feet annually. Congress in 1980 created 5.75
million acres of wilderness by creating 14 wilderness areas in the
forest, and in 1990 further reduced the lands available for timber
harvesting by creating five additional wilderness areas totaling
296,000 acres and 12 Land Unit Designation 11 areas of 727,700 acres
that increased the protected acreages in the Tongass to more than 6.4
million. With the passage of the Sealaska lands bill in 2014, total
protected acreage in the Tongass has risen to 6.55 million acres.
Lands classified for potential timber production have been
drastically reduced since the 1980 Act's passage. In the Tongass Land
Management Plans, TLPM, crafted after ANILCA's passage, 13.3 million
acres of the forest, nearly 80 percent, have been restricted from
resource development. Of the 9.5 million acres of commercial timber
lands in the Tongass only 3.4 million were open for development after
1980 and only 800,000, including previously logged areas, were
permitted/planned for harvest over a prospective 100-year timber
rotation, harvesting limited to about 8,250 acres a year--4 percent of
the total land area. That included about 400,000 ``new'' acres of new
timber lands over a century on top of the roughly 425,000 acres
harvested since modern timber activities in Southeast Alaska began in
the 1950's and allowed in part for reentry in the future. Since passage
of the Tongass Timber Reform Act, and since imposition of the
Inventoried Roadless Rule, potential harvesting has dropped even
further.
The 2001 Inventoried Roadless Areas in the Tongass include 9.5
million acres, 57 percent of the entire forest, while 5.4 million
acres, 99 percent, of the Chugach National Forest in Southcentral
Alaska were placed in protected status. In the Tongass 7.4 million
acres are in the highest protected status of inventoried roadless
meaning that not only can't roads be built for forestry, but that
access is not allowed for other uses such as renewable energy
development. Overall, between the Inventoried Roadless Rule and other
land protections, fewer than 176,000 acres of ``new'' timber lands are
planned for harvest over the next 100 years, cutting the allowable sale
quantity below 267 mmbf. The drop in employment in the region has been
chilling. According to the Forest Service, total direct timber sector
employment fell from a high of 3,543 average annual employees in 1990
to 402 in 2007, Tongass employment in logging and sawmilling has
declined from 409 in 2001, the first year of the roadless rule, to 114
by 2007. The drop off in timber activity would actually be higher
except the State of Alaska, to the degree that it could, increased
State timber sales. In 2002, for example, 73 percent of all timber cut
in Southeast came from Federal forest lands, while by 2007 the
percentage stood at barely half coming from Federal lands.
Without changes in the roadless rule to allow some additional timber
harvest areas and other energy and mineral development, no more than
about 3 percent of the Nation's largest forest will ever be developed
and Southeast Alaska will be forced to depend solely on fisheries and
tourism as economic engines, potentially returning the region to its
impoverished economy of the 1940s.
Today I am introducing legislation to simply exempt Alaska from the
Inventoried Roadless Rule. That will not permit economic development on
all 9.5 million acres of IRA lands in the Tongass or many of the lands
in the Chugach. They will continue to be protected by the terms of the
national forest plans for both forests. What it will do is permit land
planners the flexibility to propose more rational land planning
decisions in the future. It would allow the Forest Service the ability
to permit road and electric transmission lines to be placed to tap the
region's huge hydroelectric potential--there being 300 megawatts of
hydropower available from known sites, if distribution lines can be
built at reasonable cost to get the power to markets.
Adding some timber back to the timber base would allow a timber
industry to again help the region's economy. But that would not harm
the environment and wildlife. Already of the 537,451 acres of
productive old-growth, POG, trees left in the Tongass, 437,000 are in
permanent conservation areas--81 percent.
The roadless rule may make sense in the contiguous states since there
are at least some roads and utility lines that cross those States'
national forests. In Southeast Alaska, however, there is no
transportation network except a marine ferry system, and no permitted
electrical transmission system. It simply made no sense in 2001 for the
Inventoried Roadless Rules to apply to Alaska. The rule is not needed
since by existing plans and regulations, even without IRA's, 96 percent
of the Tongass will remain protected. An exemption from the rule will
simply allow Alaskans an opportunity to make thoughtful decisions on
development in a region 18 times larger than the state of Delaware, but
with 1,300 miles of road in the entire region, 1/10 of the road miles
of tiny Delaware.
______
By Mr. FLAKE (for himself, Mr. McCain, Mr. Lee, Mr. Crapo, Mr.
Cornyn, Mr. Inhofe, and Mr. Vitter):
S. 638. A bill to amend the Clean Air Act with respect to exceptional
event demonstrations, and for other purposes; to the Committee on
Environment and Public Works.
Mr. FLAKE. Mr. President, I thought I would rise to discuss
legislation designed to address the bureaucratic overreach in the
Environmental Protection Agency's air regulations.
Since I last introduced these bills in June of 2014, EPA's failures
in this area have become even more glaring. At present, air regulations
are stifling to both businesses and private citizens, and they are
negatively impacting our economy.
Let me say from the outset, we all want clean air. We are always in
favor of protecting the environment and the air we breathe. I think we
are not in favor of an EPA that places real regulations over common
sense.
Today I am introducing S. 638, S. 639, and S. 640, the CLEER Act, the
ORDEAL Act, and the Agency PAYGO for greenhouse gases.
The CLEER Act eases the regulatory burden on States, including desert
States such as Arizona that are home to so-called exceptional events
such as dust storms.
Dust storms in Arizona are not caused by man. They are naturally
occurring events, just like tornadoes or blizzards in other parts of
the country. When these dust storms occur in Arizona, they can cause a
spike in the dust, or the PM-10 level. This is nothing the State can
control. Yet this blip can cause Arizona and other affected States to
fall out of compliance with Federal air quality standards. Again, this
is through no fault of their own. It can lead to a loss of
transportation dollars, even from the Federal Government.
Thanks to EPA rules, States end up wasting vast amounts of manpower,
countless work hours, and lots of taxpayer dollars on reviews and
appeals for events they cannot control or avoid.
For example, the Arizona Department of Environmental Quality, the
Maricopa Air Quality Department, and the Maricopa Association of
Governments in 2011 and 2012 spent $675,000 and 790 staff hours just to
prove a spike in PM-10 levels was caused by a dust storm, not
pollution.
These EPA reviews are arbitrary, cumbersome, and costly. They lack an
appeals process that further defies common sense. The EPA has
continually assured me it would issue a rule to help ease the burdens
on States, all the States that have to weather forces of nature such as
this. Yet despite these promises, the EPA has continued to backtrack
and shift deadlines, and to date has not issued a workable proposed
rule.
My legislation on the CLEER Act would require the EPA to move forward
with a rulemaking, and it would require decisions on such events be
based on a preponderance of evidence, and will accord deference to
States' own findings of when such events happen.
It would also require the EPA to review the States' exceptional-event
documentation within a reasonable time period of 90 days instead of
dragging
[[Page S1254]]
out the process. Part of the cost is due to the fact that the EPA drags
out the process. These practical fixes will alleviate the undue
hardship States are having to deal with and when we have to deal with
the effects of these natural events.
Secondly, the ORDEAL Act is an attempt to overhaul the EPA's
unnecessary ozone standard reduction until 2018. When the EPA reduced
permitted ozone standards in 2008, counties across the country that
were in nonattainment were forced to enact expensive and complicated
compliance plans.
Relying on a dubious scientific basis, the EPA has proposed lowering
the ozone emissions standards even further to 65 parts per billion,
while accepting comments on lowering it to 60 parts per billion. By
some estimates, this proposal to lower the ozone level may be the most
expensive regulation in EPA history--and that is saying something--
costing as much as $1.7 trillion. Lowering ozone standards from 75
parts per billion to 65 parts per billion will cost a whopping $140
billion annually. Yet EPA's own science advisers disagree on the very
basis upon which this regulation is built.
The ORDEAL Act will stop shaky facts and assumptions from being used
as a basis for long-term public policy, and will give States the
flexibility and the time to implement their own innovative and
proactive measures.
The bill would also extend air quality standards reviews, including
ozone, to a 10-year timeline instead of the current 5 years.
Third, Agency PAYGO. This administration has set its sights on
reducing carbon emissions, most recently putting draconian regulations
on existing powerplants, despite the inevitable job losses and spikes
in energy costs. It has placed a mandate on Arizona to reduce 52
percent of its carbon emissions by 2030. This is unattainable, unless
Arizonans are forced to greatly reduce their standard of living.
The Agency PAYGO Act I am introducing would simply give the EPA a
taste of its own medicine by requiring the Agency to offset the Federal
cost of any greenhouse gas rules to an equivalent reduction in Agency
spending. If the EPA proceeds without offsetting these costs from its
own budget, the final greenhouse gas rule must be approved by Congress,
simply saying if you cannot do this as an offset within your own
budget, bring it to Congress and let's approve it. This bill
specifically forbids the EPA from denying costs to Federal agencies by
passing on costs to the Federal agency's ratepayers. If capital costs
are imposed by a greenhouse gas rule, the EPA must offset those costs
or get Congress's approval.
The EPA has a history of implementing costly and stringent standards
for negligible and even questionable benefit. All three of these
bills--the CLEER Act, ORDEAL Act, and Agency PAYGO Act--provide more
certainty than presently exists to States and counties and businesses
that have to deal with the EPA and will hold the Agency accountable for
its decisionmaking process.
I hope my colleagues will join me in supporting these measures.
____________________