[Congressional Record Volume 162, Number 16 (Wednesday, January 27, 2016)]
[Senate]
[Pages S257-S296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2954. Mr. CASSIDY (for himself and Mr. Markey) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; as follows:

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

     SEC. 2102. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.

       Section 403 of the Bipartisan Budget Act of 2015 (Public 
     Law 114-74; 129 Stat. 589) is amended by adding at the end 
     the following:
       ``(d) Increase; Limitation.--
       ``(1) Increase.--The Secretary of Energy may increase the 
     drawdown and sales under paragraphs (1) through (8) of 
     subsection (a) as the Secretary of Energy determines to be 
     appropriate to maximize the financial return to United States 
     taxpayers.
       ``(2) Limitation.--The Secretary of Energy shall not 
     drawdown or conduct sales of crude oil under this section 
     after the date on which a total of $5,050,000,000 has been 
     deposited in the general fund of the Treasury from sales 
     authorized under this section.''.
                                 ______
                                 
  SA 2955. Mr. HATCH (for himself and Mr. Enzi) submitted an amendment 
intended to be proposed by him to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROHIBITION ON SUSPENSION OF COAL LEASES.

       (a) In General.--The Secretary of the Interior shall not 
     pause the issuance of Federal coal leases (as described in 
     section 5 of the order of the Secretary of the Interior 
     entitled ``Discretionary Programmatic Environmental Impact 
     Statement to Modernize the Federal Coal Program'', numbered 
     3338, and dated January 15, 2016), unless--
       (1) the Secretary completes, and submits to Congress--
       (A) a study demonstrating that the action will not result 
     in a loss to the Treasury of the United States of Federal 
     revenue; and
       (B) a study examining the economic impact the action will 
     have on the relevant industry and jobs; and
       (2) Congress approves the action.
       (b) Leasing of Federal Assets Under MLA.--As soon as 
     practicable after the date of enactment of this Act, the 
     Secretary of the Interior shall begin leasing Federal assets 
     in accordance with the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.).
                                 ______
                                 
  SA 2956. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
                   REGULATION.

       The Mineral Leasing Act is amended--
       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

     ``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
                   REGULATION.

       ``(a) Definition of Hydraulic Fracturing.--In this section 
     the term `hydraulic fracturing' means the process by which 
     fracturing fluids (or a fracturing fluid system) are pumped 
     into an underground geologic formation at a calculated, 
     predetermined rate and pressure to generate fractures or 
     cracks in the target formation and, as a result, increase the 
     permeability of the rock near the wellbore and improve 
     production of natural gas or oil.
       ``(b) Prohibition.--The Secretary of the Interior shall not 
     enforce any Federal regulation, guidance, or permit 
     requirement regarding hydraulic fracturing, or any component 
     of hydraulic fracturing, relating to oil, gas, or geothermal 
     production activities on or under any land in any State that 
     has regulations, guidance, or permit requirements for 
     hydraulic fracturing.
       ``(c) State Authority.--The Secretary shall recognize and 
     defer to State regulations, guidance, and permitting for all 
     activities regarding hydraulic fracturing, or any component 
     of hydraulic fracturing, relating to oil, gas, or geothermal 
     production activities on Federal land regardless of whether 
     the regulations, guidance, and permitting are duplicative, 
     more or less restrictive, have different requirements, or do 
     not meet Federal regulations, guidance, or permit 
     requirements.''.
                                 ______
                                 
  SA 2957. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 31___. OIL SHALE, TAR SANDS, AND OTHER STRATEGIC 
                   UNCONVENTIONAL FUELS.

       (a) Reaffirmation of Policy.--Congress reaffirms the 
     continued need for the development of oil shale, tar sands, 
     and other unconventional fuels as found and declared in 
     section 369(b) of the Energy Policy Act of 2005 (42 U.S.C. 
     15927(b)).
       (b) Requirement.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     fully implement section 369(e) of the Energy Policy Act of 
     2005 (42 U.S.C. 15927(e)).
       (c) Extension.--Section 369(c) of the Energy Policy Act of 
     2005 (42 U.S.C. 15927(c)) is amended--
       (1) by striking ``In accordance'' and inserting the 
     following:
       ``(1) In general.--In accordance''; and
       (2) by adding at the end the following:
       ``(2) Extension.--At the request of a holder of a lease 
     issued under paragraph (1), the Secretary shall extend, for a 
     period of 10 years, the term of the lease, unless the 
     Secretary demonstrates that the lease holder requesting the 
     extension has committed a substantial violation of the terms 
     of the approved plan of development of the lease holder.''.
                                 ______
                                 
  SA 2958. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PRIORITIZATION OF CERTAIN FEDERAL REVENUES.

       Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is 
     amended--
       (1) by striking the section designation and all that 
     follows through ``All money received'' in the first sentence 
     of subsection (a) and inserting the following:

     ``SEC. 35. DISPOSITION OF MONEY RECEIVED.

       ``(a) Disposition.--
       ``(1) In general.--All money received''; and
       (2) in subsection (a)--
       (A) in the second sentence, by striking ``All moneys 
     received'' and inserting the following:
       ``(2) Amounts to miscellaneous receipts.--
       ``(A) In general.--All money received'';
       (B) in the third sentence, by striking ``Payments to 
     States'' and inserting the following:
       ``(3) Deadlines.--Payments to States''; and
       (C) in paragraph (2) (as designated by subparagraph (A)), 
     by adding at the end the following:
       ``(B) Prioritization of revenues.--
       ``(i) In general.--Notwithstanding any other provision of 
     this Act, if, after the date of enactment of this 
     subparagraph, the Secretary or Congress increases a royalty 
     rate under this Act (as in effect on the day before the date 
     of enactment of this subparagraph), of the amount described 
     in clause (ii), there shall be deposited annually in a 
     special account in the Treasury only such funds as are 
     necessary to fulfill the staffing requirements of the 
     agencies responsible for activities relating to--

       ``(I) coordinating or permitting Federal oil and gas 
     leases;
       ``(II) permits to drill and applications for permits to 
     drill (APDs);
       ``(III) compliance with the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       ``(IV) any other aspect of oil and gas permitting or 
     leasing under this Act.

       ``(ii) Description of amount.--The amount referred to in 
     clause (i) is an amount equal to the difference between--

       ``(I) the amounts credited to miscellaneous receipts under 
     paragraph (1), taking into account the increased royalty rate 
     under this Act, as described in clause (i); and
       ``(II) the amounts credited to miscellaneous receipts under 
     paragraph (1), as in effect on the day before the effective 
     date of such an increased royalty rate.

       ``(iii) Memoranda of understanding.--To carry out the 
     staffing requirements prioritized under clause (i), the 
     Director of the Bureau of Land Management may enter into 
     memoranda of understanding for the provision of support work 
     with--

       ``(I) the Administrator of the Environmental Protection 
     Agency;
       ``(II) the Secretary of the Army, acting through the Chief 
     of Engineers;
       ``(III) the Director of the United States Fish and Wildlife 
     Service;
       ``(IV) the Chief of the Forest Service;
       ``(V) Indian tribes and tribal organizations; and
       ``(VI) Governors of the States.''.

[[Page S258]]

  

                                 ______
                                 
  SA 2959. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 69, between lines 21 and 22, insert the following:
       (d) Weatherization Assistance Program for Low-Income 
     Persons.--Section 415 of the Energy Conservation and 
     Production Act (42 U.S.C. 6865) (as amended by subsection 
     (c)) is amended by adding at the end the following:
       ``(g) Administration.--
       ``(1) In general.--A State shall use up to 8 percent of any 
     grant made by the Secretary under this part to track 
     applicants for and recipients of weatherization assistance 
     under this part to determine the impact of the assistance and 
     eliminate or reduce reliance on the low-income home energy 
     assistance program established under the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), over 
     a period of not more than 3 years.
       ``(2) Use of savings.--Notwithstanding any other provision 
     of law, of any savings obtained by the Secretary of Health 
     and Human Services due to eliminated or reduced reliance on 
     the low-income home energy assistance program established 
     under the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8621 et seq.) as a result of the weatherization 
     assistance provided under this part, as determined under 
     paragraph (1)--
       ``(A) 50 percent shall be transferred to the Secretary to 
     provide assistance to States under this part, to be 
     reallocated to the States pro rata based on the savings 
     realized by each State under this part; and
       ``(B) 50 percent shall be deposited into the general fund 
     of the Treasury for purposes of reducing the annual Federal 
     budget deficit.
       ``(3) Annual state plans.--A State may submit to the 
     Secretary for approval within 90 days an annual plan for the 
     administration of assistance under this part in the State 
     that includes, at the option of the State--
       ``(A) local income eligibility standards for the assistance 
     that are not based on the formula that are used to allocate 
     assistance under this part; and
       ``(B) the establishment of revolving loan funds for 
     multifamily affordable housing units.
       ``(4) Evaluation.--Of amounts appropriated for headquarters 
     training and technical assistance for the Weatherization 
     Assistance Program each fiscal year, the Secretary shall use 
     not more than 25 percent--
       ``(A) to carry out a 3-year evaluation of the plans 
     submitted under paragraph (3); and
       ``(B) to disseminate to each State weatherization program a 
     report describing the results of the evaluation.
       ``(5) Report to congress.--As soon as practicable, the 
     Secretary shall submit to Congress a report describing the 
     training and technical assistance efforts of the Department 
     to assist States in carrying out paragraph (1).''.
                                 ______
                                 
  SA 2960. Ms. MURKOWSKI (for herself and Mr. Sullivan) submitted an 
amendment intended to be proposed by her to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 31___. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS 
                   PIPELINE.

       (a) Amendments to the Denali National Park Improvement 
     Act.--
       (1) Permit.--Section 3(b)(1) of the Denali National Park 
     Improvement Act (Public Law 113-33; 127 Stat. 516) is amended 
     by striking ``within, along, or near the approximately 7-mile 
     segment of the George Parks Highway that runs through the 
     Park''.
       (2) Terms and conditions.--Section 3(c)(1) of the Denali 
     National Park Improvement Act (Public Law 113-33; 127 Stat. 
     516) is amended--
       (A) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (B) by striking subparagraph (B); and
       (C) by redesignating subparagraph (C) as subparagraph (B).
       (b) Amendment to ANILCA.--Section 1102(4)(B)(ii) of the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3162(4)(B)(ii)) is amended by inserting ``(other than a high-
     pressure natural gas transmission pipeline (including 
     appurtenances) that is issued a right-of-way in the Denali 
     National Park and Preserve under section 3 of the Denali 
     National Park Improvement Act (Public Law 113-33; 127 Stat. 
     516))'' after ``therefrom''.
                                 ______
                                 
  SA 2961. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 30___. TERROR LAKE HYDROELECTRIC PROJECT UPPER HIDDEN 
                   BASIN DIVERSION AUTHORIZATION.

       (a) Definitions.--In this section:
       (1) Terror lake hydroelectric project.--The term ``Terror 
     Lake Hydroelectric Project'' means the project identified in 
     section 1325 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3212), and which is Federal 
     Energy Regulatory Commission project number 2743.
       (2) Upper hidden basin diversion expansion.--The term 
     ``Upper Hidden Basin Diversion Expansion'' means the 
     expansion of the Terror Lake Hydroelectric Project as 
     generally described in Exhibit E to the Upper Hidden Basin 
     Grant Application dated July 2, 2014 and submitted to the 
     Alaska Energy Authority Renewable Energy Fund Round VIII by 
     Kodiak Electric Association, Inc.
       (b) Authorization.--The licensee for the Terror Lake 
     Hydroelectric Project may occupy not more than 20 acres of 
     Federal land to construct, operate, and maintain the Upper 
     Hidden Basin Diversion Expansion without further 
     authorization of the Secretary of the Interior or under the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3101 et seq.).
       (c) Savings Clause.--The Upper Hidden Basin Diversion 
     Expansion shall be subject to appropriate terms and 
     conditions included in an amendment to a license issued by 
     the Federal Energy Regulatory Commission pursuant to the 
     Federal Power Act (16 U.S.C. 791a et seq.), including section 
     4(e) of that Act (16 U.S.C. 797(e)), following an 
     environmental review by the Commission under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                                 ______
                                 
  SA 2962. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 30___. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 
                   FOR THE MAHONEY LAKE HYDROELECTRIC PROJECT.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) License.--The term ``license'' means the license for 
     Commission project number 11393.
       (3) Licensee.--The term ``licensee'' means the holder of 
     the license.
       (b) Stay of License.--On the request of the licensee, the 
     Commission shall issue an order continuing the stay of the 
     license.
       (c) Lifting of Stay.--On the request of the licensee, but 
     not later than 10 years after the date of enactment of this 
     Act, the Commission shall--
       (1) issue an order lifting the stay of the license under 
     subsection (b); and
       (2) make the effective date of the license the date on 
     which the stay is lifted under paragraph (1).
       (d) Extension of License.--On the request of the licensee 
     and notwithstanding the time period specified in section 13 
     of the Federal Power Act (16 U.S.C. 806) for commencement of 
     construction of the project subject to the license, the 
     Commission shall, after reasonable notice and in accordance 
     with the good faith, due diligence, and public interest 
     requirements of that section, extend the time period during 
     which the licensee is required to commence the construction 
     of the project for not more than 3 consecutive 2-year 
     periods, notwithstanding any other provision of law.
       (e) Effect.--Nothing in this section prioritizes, or 
     creates any advantage or disadvantage to, Commission project 
     number 11393 under Federal law, including the Federal Power 
     Act (16 U.S.C. 791a et seq.) or the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.), as compared 
     to--
       (1) any electric generating facility in existence on the 
     date of enactment of this Act; or
       (2) any electric generating facility that may be examined, 
     proposed, or developed during the period of any stay or 
     extension of the license under this section.
                                 ______
                                 
  SA 2963. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; as follows:

       Strike section 4301 and insert the following:

     SEC. 4301. BULK-POWER SYSTEM RELIABILITY IMPACT STATEMENT.

       Section 215 of the Federal Power Act (16 U.S.C. 824o) is 
     amended by adding at the end the following:
       ``(l) Reliability Impact Statement.--
       ``(1) Solicitation by commission.--Not later than 15 days 
     after the date on which the head of a Federal agency proposes 
     a major rule (as defined in section 804 of title 5, United 
     States Code) that may significantly affect the reliable 
     operation of the bulk-power system, the Commission shall 
     solicit from the ERO, who shall coordinate with regional 
     entities affected by the proposed rule, a reliability impact 
     statement with respect to the proposed rule.

[[Page S259]]

       ``(2) Requirements.--A reliability impact statement under 
     paragraph (1) shall include a detailed statement on--
       ``(A) the impact of the proposed rule on the reliable 
     operation of the bulk-power system;
       ``(B) any adverse effects on the reliable operation of the 
     bulk-power system if the proposed rule was implemented; and
       ``(C) alternatives to cure the identified adverse 
     reliability impacts, including a no-action alternative.
       ``(3) Submission to commission and congress.--On completion 
     of a reliability impact statement under paragraph (1), the 
     ERO shall submit to the Commission and Congress the 
     reliability impact statement.
       ``(4) Transmittal to head of federal agency.--On receipt of 
     a reliability impact statement submitted to the Commission 
     under paragraph (3), the Commission shall transmit to the 
     head of the applicable Federal agency the reliability impact 
     statement prepared under this subsection for inclusion in the 
     public record.
       ``(5) Inclusion of detailed response in final rule.--With 
     respect to a final major rule subject to a reliability impact 
     statement prepared under paragraph (1), the head of the 
     Federal agency shall--
       ``(A) consider the reliability impact statement;
       ``(B) give due weight to the technical expertise of the ERO 
     with respect to matters that are the subject of the 
     reliability impact statement; and
       ``(C) include in the final rule a detailed response to the 
     reliability impact statement that reasonably addresses the 
     detailed statements required under paragraph (2).''.
                                 ______
                                 
  SA 2964. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PHASE OUT OF TAX PREFERENCES FOR FOSSIL FUELS.

       (a) Findings.--Congress finds the following:
       (1) United States tax policy has provided tax breaks for 
     oil and gas production for 100 years.
       (2) United States tax policy has provided tax breaks for 
     coal production for over 80 years.
       (3) A substantial majority of the American public, 
     including majorities from both political parties, support the 
     repeal of tax preferences for fossil fuels.
       (4) A substantial majority of the American public, 
     including majorities from both political parties, favor 
     Federal support for renewable energy.
       (5) In order to ensure that all sources of energy compete 
     on an equal footing, as tax credits for renewable energy are 
     phased out over the next 4 years, fossil fuel tax preferences 
     should be phased out on the same schedule.
       (b) Expensing of Intangible Drilling Costs.--Section 263 of 
     the Internal Revenue Code of 1986 is amended--
       (1) in subsection (c), by striking ``subsection (i)'' and 
     inserting ``subsections (i) and (j)'', and
       (2) by adding at the end the following new subsection:
       ``(j) Phase Out of Deduction for Intangible Drilling 
     Costs.--In the case of intangible drilling and development 
     costs paid or incurred with respect to an oil or gas well, 
     the amount of such costs allowed as a deduction under 
     subsection (c) shall be reduced by--
       ``(1) in the case of any costs paid or incurred after 
     December 31, 2016, and before January 1, 2018, 20 percent,
       ``(2) in the case of any costs paid or incurred after 
     December 31, 2017, and before January 1, 2019, 40 percent,
       ``(3) in the case of any costs paid or incurred after 
     December 31, 2018, and before January 1, 2020, 60 percent, 
     and
       ``(4) in the case of any costs paid or incurred after 
     December 31, 2019, 100 percent.''.
       (c) Percentage Depletion for Oil and Natural Gas Wells.--
     Section 613A(d) of such Code is amended by adding at the end 
     the following new paragraph:
       ``(6) Phase out of percentage depletion for oil and natural 
     gas wells.--The amount allowed as a deduction for the taxable 
     year which is attributable to the application of subsection 
     (c) (determined after the application of paragraphs (1) 
     through (5) of this subsection and without regard to this 
     paragraph) shall be reduced by--
       ``(A) in the case of any crude oil or natural gas produced 
     after December 31, 2016, and before January 1, 2018, 20 
     percent,
       ``(B) in the case of any crude oil or natural gas produced 
     after December 31, 2017, and before January 1, 2019, 40 
     percent,
       ``(C) in the case of any crude oil or natural gas produced 
     after December 31, 2018, and before January 1, 2020, 60 
     percent, and
       ``(D) in the case of any crude oil or natural gas produced 
     after December 31, 2019, 100 percent.''.
       (d) Domestic Manufacturing Deduction for Fossil Fuels.--
     Section 199(d)(9) of such Code is amended by adding at the 
     end the following new subparagraph:
       ``(D) Phase out of deduction for oil related qualified 
     production activities income.--The amount allowable as a 
     deduction under subsection (a) (determined after the 
     application of subparagraph (A) and without regard to this 
     subparagraph) shall be reduced by--
       ``(i) in the case of any oil related qualified production 
     activities income received or accrued after December 31, 
     2016, and before January 1, 2018, 20 percent,
       ``(ii) in the case of any oil related qualified production 
     activities income received or accrued after December 31, 
     2017, and before January 1, 2019, 40 percent,
       ``(iii) in the case of any oil related qualified production 
     activities income received or accrued after December 31, 
     2018, and before January 1, 2020, 60 percent, and
       ``(iv) in the case of any oil related qualified production 
     activities income received or accrued after December 31, 
     2019, 100 percent.''.
       (e) Amortization of Geological and Geophysical 
     Expenditures.--Section 167(h) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(6) Phase out of amortization of geological and 
     geophysical expenditures.--The amount of geological and 
     geophysical expenses paid or incurred by a taxpayer which are 
     allowed as a deduction under this subsection (without regard 
     to this paragraph) shall be reduced by--
       ``(A) in the case of any such expenses paid or incurred 
     after December 31, 2016, and before January 1, 2018, 20 
     percent,
       ``(B) in the case of any such expenses paid or incurred 
     after December 31, 2017, and before January 1, 2019, 40 
     percent,
       ``(C) in the case of any such expenses paid or incurred 
     after December 31, 2018, and before January 1, 2020, 60 
     percent, and
       ``(D) in the case of any such expenses paid or incurred 
     after December 31, 2019, 100 percent.''.
       (f) Percentage Depletion for Hard Mineral Fossil Fuels.--
     Section 613 of such Code is amended by adding at the end the 
     following new subsection:
       ``(f) Phase Out of Percentage Depletion for Hard Mineral 
     Fossil Fuels.--In the case of coal, lignite, or oil shale, 
     the allowance for depletion determined under this section 
     (without regard to this subsection) shall be reduced by--
       ``(1) in the case of any income received or accrued from 
     the property after December 31, 2016, and before January 1, 
     2018, 20 percent,
       ``(2) in the case of any income received or accrued from 
     the property after December 31, 2017, and before January 1, 
     2019, 40 percent,
       ``(3) in the case of any income received or accrued from 
     the property after December 31, 2018, and before January 1, 
     2020, 60 percent, and
       ``(4) in the case of any income received or accrued from 
     the property after December 31, 2019, 100 percent.''.
       (g) Expensing of Exploration and Development Costs for Hard 
     Mineral Fuels.--Section 617 of such Code is amended--
       (1) by redesignating subsection (i) as subsection (j), and
       (2) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Phase Out of Expensing of Exploration and Development 
     Costs for Hard Mineral Fuels.--In the case of coal, lignite, 
     or oil shale, the amount of expenditures which are allowed as 
     a deduction under subsection (a) shall be reduced by--
       ``(1) in the case of any such expenditures paid or incurred 
     after December 31, 2016, and before January 1, 2018, 20 
     percent,
       ``(2) in the case of any such expenditures paid or incurred 
     after December 31, 2017, and before January 1, 2019, 40 
     percent,
       ``(3) in the case of any such expenditures paid or incurred 
     after December 31, 2018, and before January 1, 2020, 60 
     percent, and
       ``(4) in the case of any such expenditures paid or incurred 
     after December 31, 2019, 100 percent.''.
       (h) Capital Gains Treatment for Royalties of Coal.--Section 
     631 of such Code is amended by adding at the end the 
     following new subsection:
       ``(d) Phase Out of Capital Gains Treatment for Royalties of 
     Coal.--In the case of coal (including lignite), the amount of 
     gain or loss on the sale of such coal to which subsection (c) 
     applies shall be reduced by--
       ``(1) in the case of any such gain or loss after December 
     31, 2016, and before January 1, 2018, 20 percent,
       ``(2) in the case of any such gain or loss after December 
     31, 2017, and before January 1, 2019, 40 percent,
       ``(3) in the case of any such gain or loss after December 
     31, 2018, and before January 1, 2020, 60 percent, and
       ``(4) in the case of any such gain or loss after December 
     31, 2019, 100 percent.''.
       (i) Deduction for Tertiary Injectants.--Section 193 of such 
     Code is amended by adding at the end the following new 
     subsection:
       ``(d) Phase Out of Deduction for Tertiary Injectants.--The 
     amount of qualified tertiary injectant expenses allowable as 
     a deduction under subsection (a) shall be reduced by--
       ``(1) in the case of any such expenditures paid or incurred 
     after December 31, 2016, and before January 1, 2018, 20 
     percent,
       ``(2) in the case of any such expenditures paid or incurred 
     after December 31, 2017, and before January 1, 2019, 40 
     percent,
       ``(3) in the case of any such expenditures paid or incurred 
     after December 31, 2018, and before January 1, 2020, 60 
     percent, and
       ``(4) in the case of any such expenditures paid or incurred 
     after December 31, 2019, 100 percent.''.
       (j) Exception to Passive Loss Limitation for Working 
     Interests in Oil and Natural

[[Page S260]]

     Gas Properties.--Section 469(c) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(8) Phase out of exception to passive loss limitation for 
     working interests in oil and natural gas properties.--In the 
     case of any loss from a working interest in any oil or gas 
     property, the amount of such loss to which paragraph (3) 
     applies shall be reduced by--
       ``(A) in the case of any such loss after December 31, 2016, 
     and before January 1, 2018, 20 percent,
       ``(B) in the case of any such loss after December 31, 2017, 
     and before January 1, 2019, 40 percent,
       ``(C) in the case of any such loss after December 31, 2018, 
     and before January 1, 2020, 60 percent, and
       ``(D) in the case of any such loss after December 31, 2019, 
     100 percent.''.
       (k) Marginal Wells Credit.--Section 45I(d) of such Code is 
     amended by adding at the end the following new paragraph:
       ``(4) Phase out of marginal wells credit.--The amount of 
     the credit determined under subsection (a) shall be reduced 
     by--
       ``(A) in the case of any qualified crude oil production or 
     qualified natural gas production after December 31, 2016, and 
     before January 1, 2018, 20 percent,
       ``(B) in the case of any qualified crude oil production or 
     qualified natural gas production after December 31, 2017, and 
     before January 1, 2019, 40 percent,
       ``(C) in the case of any qualified crude oil production or 
     qualified natural gas production after December 31, 2018, and 
     before January 1, 2020, 60 percent, and
       ``(D) in the case of any qualified crude oil production or 
     qualified natural gas production after December 31, 2019, 100 
     percent.''.
                                 ______
                                 
  SA 2965. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; as follows:

       Strike section 4201(b)(5)(A)(iv) and insert the following:
       (iv) by adding at the end the following:
       ``(F) $325,000,000 for each of fiscal years 2016 through 
     2018; and
       ``(G) $375,000,000 for each of fiscal years 2019 and 
     2020.''; and
                                 ______
                                 
  SA 2966. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. METHANE EMISSIONS STANDARDS.

       Not later than 240 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     shall issue a proposed rule to amend the existing source 
     performance standards for the oil and natural gas source 
     category by setting standards for methane emissions.
                                 ______
                                 
  SA 2967. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title II, add the following:

         Subtitle F--Heat Efficiency Through Applied Technology

     SEC. 2501. SHORT TITLE.

       This subtitle may be cited as the ``Heat Efficiency through 
     Applied Technology Act'' or the ``HEAT Act''.

     SEC. 2502. FINDINGS.

       Congress finds that--
       (1) combined heat and power technology, also known as 
     cogeneration, is a technology that efficiently produces 
     electricity and thermal energy at the point of use of the 
     technology;
       (2) by combining the provision of both electricity and 
     thermal energy in a single step, combined heat and power 
     technology makes significantly more-efficient use of fuel, as 
     compared to separate generation of heat and power, which has 
     significant economic and environmental advantages;
       (3) waste heat to power is a technology that captures heat 
     discarded by an existing industrial process and uses that 
     heat to generate power with no additional fuel and no 
     incremental emissions, reducing the need for electricity from 
     other sources and the grid, and any associated emissions;
       (4) waste heat or waste heat to power is considered 
     renewable energy in 17 States;
       (5)(A) a 2012 joint report by the Department of Energy and 
     the Environmental Protection Agency estimated that by 
     achieving the national goal outlined in Executive Order 13624 
     (77 Fed. Reg. 54779) (September 5, 2012) of deploying 40 
     gigawatts of new combined heat and power technology by 2020, 
     the United States would increase the total combined heat and 
     power capacity of the United States by 50 percent in less 
     than a decade; and
       (B) additional efficiency would--
       (i) save 1,000,000,000,000,000 BTUs of energy; and
       (ii) reduce emissions by 150,000,000 metric tons of carbon 
     dioxide annually, a quantity equivalent to the emissions from 
     more than 25,000,000 cars;
       (6) a 2012 report by the Environmental Protection Agency 
     estimated the amount of waste heat available at a temperature 
     high enough for power generation from industrial and 
     nonindustrial applications represents an additional 10 
     gigawatts of electric generating capacity on a national 
     basis;
       (7) distributed energy generation, including through 
     combined heat and power technology and waste heat to power 
     technology, has ancillary benefits, such as--
       (A) removing load from the electricity distribution grid; 
     and
       (B) improving the overall reliability of the electricity 
     distribution system; and
       (8)(A) a number of regulatory barriers impede broad 
     deployment of combined heat and power technology and waste 
     heat to power technology; and
       (B) a 2008 study by Oak Ridge National Laboratory 
     identified interconnection issues, regulated fees and 
     tariffs, and environmental permitting as areas that could be 
     streamlined with respect to the provision of combined heat 
     and power technology and waste heat to power technology.

     SEC. 2503. DEFINITIONS.

       (a) In General.--In this subtitle:
       (1) Combined heat and power technology.--The term 
     ``combined heat and power technology'' means the generation 
     of electric energy and heat in a single, integrated system 
     that meets the efficiency criteria in clauses (ii) and (iii) 
     of section 48(c)(3)(A) of the Internal Revenue Code of 1986, 
     under which heat that is conventionally rejected is recovered 
     and used to meet thermal energy requirements.
       (2) Output-based emission standard.--The term ``output-
     based emission standard'' means a standard that relates 
     emissions to the electrical, thermal, or mechanical 
     productive output of a device or process rather than the heat 
     input of fuel burned or pollutant concentration in the 
     exhaust.
       (3) Qualified waste heat resource.--
       (A) In general.--The term ``qualified waste heat resource'' 
     means--
       (i) exhaust heat or flared gas from any industrial process;
       (ii) waste gas or industrial tail gas that would otherwise 
     be flared, incinerated, or vented;
       (iii) a pressure drop in any gas for an industrial or 
     commercial process; or
       (iv) any other form of waste heat resource as the Secretary 
     may determine.
       (B) Exclusion.--The term ``qualified waste heat resource'' 
     does not include a heat resource from a process the primary 
     purpose of which is the generation of electricity using a 
     fossil fuel.
       (4) Waste heat to power technology.--The term ``waste heat 
     to power technology'' means a system that generates 
     electricity through the recovery of a qualified waste heat 
     resource.
       (b) PURPA Definitions.--Section 3 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2602) is amended 
     by adding at the end the following:
       ``(22) Combined heat and power technology.--The term 
     `combined heat and power technology' means the generation of 
     electric energy and heat in a single, integrated system that 
     meets the efficiency criteria in clauses (ii) and (iii) of 
     section 48(c)(3)(A) of the Internal Revenue Code of 1986, 
     under which heat that is conventionally rejected is recovered 
     and used to meet thermal energy requirements.
       ``(23) Qualified waste heat resource.--
       ``(A) In general.--The term `qualified waste heat resource' 
     means--
       ``(i) exhaust heat or flared gas from any industrial 
     process;
       ``(ii) waste gas or industrial tail gas that would 
     otherwise be flared, incinerated, or vented;
       ``(iii) a pressure drop in any gas for an industrial or 
     commercial process; or
       ``(iv) any other form of waste heat resource as the 
     Secretary may determine.
       ``(B) Exclusion.--The term `qualified waste heat resource' 
     does not include a heat resource from a process the primary 
     purpose of which is the generation of electricity using a 
     fossil fuel.
       ``(24) Waste heat to power technology.--The term `waste 
     heat to power technology' means a system that generates 
     electricity through the recovery of a qualified waste heat 
     resource.''.

     SEC. 2504. UPDATED INTERCONNECTION PROCEDURES AND TARIFF 
                   SCHEDULE.

       (a) Adoption of Standards.--Section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
     is amended by adding at the end the following:
       ``(20) Updated interconnection procedures and tariff 
     schedule.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this paragraph, the Secretary, in consultation 
     with the Commission and other appropriate agencies, shall 
     establish, for generation with nameplate capacity up to 20 
     megawatts using all fuels--
       ``(i) guidance for technical interconnection standards that 
     ensure interoperability with existing Federal interconnection 
     rules;
       ``(ii) model interconnection procedures, including 
     appropriate fast track procedures; and
       ``(iii) model rules for determining and assigning 
     interconnection costs.
       ``(B) Standards.--The standards established under 
     subparagraph (A) shall, to the

[[Page S261]]

     maximum extent practicable, reflect current best practices 
     (as demonstrated in model codes and rules adopted by States) 
     to encourage the use of distributed generation (such as 
     combined heat and power technology and waste heat to power 
     technology) while ensuring the safety and reliability of the 
     interconnected units and the distribution and transmission 
     networks to which the units connect.
       ``(C) Variations.--In establishing the model standards 
     under subparagraph (A), the Secretary shall consider the 
     appropriateness of using standards or procedures that vary 
     based on unit size, fuel type, or other relevant 
     characteristics.''.
       (b) Compliance.--
       (1) Time limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding at the end the following:
       ``(7)(A) Not later than 90 days after the date on which the 
     Secretary completes the standards required under section 
     111(d)(20), each State regulatory authority (with respect to 
     each electric utility for which the authority has ratemaking 
     authority) and each nonregulated electric utility shall 
     commence the consideration referred to in that section, or 
     set a hearing date for such consideration, with respect to 
     each standard.
       ``(B) Not later than 2 years after the date on which the 
     Secretary completes the standards required under section 
     111(d)(20), each State regulatory authority (with respect to 
     each electric utility for which the authority has ratemaking 
     authority) and each nonregulated electric utility shall--
       ``(i) complete the consideration under subparagraph (A);
       ``(ii) make the determination referred to in section 111 
     with respect to each standard established under section 
     111(d)(20); and
       ``(iii) submit to the Secretary and the Commission a report 
     detailing the updated plans of the State regulatory authority 
     for interconnection procedures and tariff schedules that 
     reflect best practices to encourage the use of distributed 
     generation.''.
       (2) Failure to comply.--Section 112(c) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) 
     is amended by adding at the end the following: ``In the case 
     of each standard established under paragraph (20) of section 
     111(d), the reference contained in this subsection to the 
     date of enactment of this Act shall be deemed to be a 
     reference to the date of enactment of that paragraph (20).''.
       (3) Prior state actions.--
       (A) In general.--Section 112 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended 
     by adding at the end the following:
       ``(g) Prior State Actions.--Subsections (b) and (c) shall 
     not apply to a standard established under paragraph (20) of 
     section 111(d) in the case of any electric utility in a State 
     if, before the date of enactment of this subsection--
       ``(1) the State has implemented for the electric utility 
     the standard (or a comparable standard);
       ``(2) the State regulatory authority for the State, or the 
     relevant nonregulated electric utility, has conducted a 
     proceeding after December 31, 2013, to consider 
     implementation of the standard (or a comparable standard) for 
     the electric utility; or
       ``(3) the State legislature has voted on the implementation 
     of the standard (or a comparable standard) for the electric 
     utility.''.
       (B) Cross-reference.--Section 124 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended 
     by adding at the end the following: ``In the case of each 
     standard established under paragraph (20) of section 111(d), 
     the reference contained in this subsection to the date of 
     enactment of this Act shall be deemed to be a reference to 
     the date of enactment of that paragraph (20).''.

     SEC. 2505. SUPPLEMENTAL, BACKUP, AND STANDBY POWER FEES OR 
                   RATES.

       (a) Adoption of Standards.--Section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
     (as amended by section 2504(a)) is amended by adding at the 
     end the following:
       ``(21) Supplemental, backup, and standby power fees or 
     rates.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this paragraph, the Secretary, in consultation 
     with the Commission and other appropriate agencies, shall 
     establish model rules and procedures for determining fees or 
     rates for supplementary power, backup or standby power, 
     maintenance power, and interruptible power supplied to 
     facilities that operate combined heat and power technology 
     and waste heat to power technology that appropriately allow 
     for adequate cost recovery by an electric utility but are not 
     excessive.
       ``(B) Factors.--In establishing model rules and procedures 
     for determining fees or rates described in subparagraph (A), 
     the Secretary shall consider--
       ``(i) the best practices that are used to model outage 
     assumptions and contingencies to determine the fees or rates;
       ``(ii) the appropriate duration, magnitude, or usage of 
     demand charge ratchets;
       ``(iii) the benefits to the utility and ratepayers, such as 
     increased reliability, fuel diversification, enhanced power 
     quality, and reduced electric losses from the use of combined 
     heat and power technology and waste heat to power technology 
     by a qualifying facility; and
       ``(iv) alternative arrangements to the purchase of 
     supplementary, backup, or standby power by the owner of 
     combined heat and power technology and waste heat to power 
     technology generating units if the alternative arrangements--

       ``(I) do not compromise system reliability; and
       ``(II) are nondiscretionary and nonpreferential.''.

       (b) Compliance.--
       (1) Time limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as 
     amended by section 2504(b)(1)) is amended by adding at the 
     end the following:
       ``(8)(A) Not later than 90 days after the date on which the 
     Secretary completes the standards required under section 
     111(d)(21), each State regulatory authority (with respect to 
     each electric utility for which the authority has ratemaking 
     authority) and each nonregulated electric utility shall 
     commence the consideration referred to in that section, or 
     set a hearing date for such consideration, with respect to 
     each standard.
       ``(B) Not later than 2 years after the date on which the 
     Secretary completes the standards required under section 
     111(d)(21), each State regulatory authority (with respect to 
     each electric utility for which the authority has ratemaking 
     authority) and each nonregulated electric utility shall--
       ``(i) complete the consideration under subparagraph (A);
       ``(ii) make the determination referred to in section 111 
     with respect to each standard established under section 
     111(d)(21); and
       ``(iii) submit to the Secretary and the Commission a report 
     detailing the updated plans of the State regulatory authority 
     for supplemental, backup, and standby power fees that reflect 
     best practices to encourage the use of distributed 
     generation.''.
       (2) Failure to comply.--Section 112(c) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) 
     (as amended by section 2504(b)(2)) is amended by adding at 
     the end the following: ``In the case of each standard 
     established under paragraph (21) of section 111(d), the 
     reference contained in this subsection to the date of 
     enactment of this Act shall be deemed to be a reference to 
     the date of enactment of that paragraph (21).''.
       (3) Prior state actions.--
       (A) In general.--Section 112 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as amended 
     by section 2504(b)(3)(A)) is amended by adding at the end the 
     following:
       ``(h) Prior State Actions.--Subsections (b) and (c) shall 
     not apply to a standard established under paragraph (21) of 
     section 111(d) in the case of any electric utility in a State 
     if, before the date of enactment of this subsection--
       ``(1) the State has implemented for the electric utility 
     the standard (or a comparable standard);
       ``(2) the State regulatory authority for the State, or the 
     relevant nonregulated electric utility, has conducted a 
     proceeding after December 31, 2013, to consider 
     implementation of the standard (or a comparable standard) for 
     the electric utility; or
       ``(3) the State legislature has voted on the implementation 
     of the standard (or a comparable standard) for the electric 
     utility.''.
       (B) Cross-reference.--Section 124 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2634) (as amended 
     by section 2504(b)(3)(B)) is amended by adding at the end the 
     following: ``In the case of each standard established under 
     paragraph (21) of section 111(d), the reference contained in 
     this subsection to the date of enactment of this Act shall be 
     deemed to be a reference to the date of enactment of that 
     paragraph (21).''.

     SEC. 2506. UPDATING OUTPUT-BASED EMISSIONS STANDARDS.

       (a) Establishment.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall establish a program under which the 
     Administrator shall provide to each State (as defined in 
     section 302 of the Clean Air Act (42 U.S.C. 7602)) that 
     elects to participate and that submits an application under 
     subsection (b) a grant for use by the State in accordance 
     with subsection (c).
       (b) Application.--To be eligible to receive a grant under 
     this section, a State shall submit to the Administrator an 
     application at such time, in such manner, and containing such 
     information as the Administrator may require.
       (c) Use of Funds.--
       (1) In general.--A State shall use a grant provided under 
     this section--
       (A) to update any applicable State or local air permitting 
     regulations under this subtitle to incorporate environmental 
     regulations relating to output-based emissions in accordance 
     with relevant guidelines developed by the Administrator under 
     paragraph (2); or
       (B) if the State has already updated all applicable State 
     and local permitting regulations to incorporate those output-
     based emissions environmental regulations, to expedite the 
     processing of relevant power generation permit applications 
     under this subtitle.
       (2) Guidelines.--As soon as practicable after the date of 
     enactment of this Act, the Administrator shall publish 
     guidelines for updating State and local permitting 
     regulations under this subtitle that--
       (A) provide credit, in the calculation of the emission rate 
     of the facility, for any thermal energy produced by combined 
     heat and power technology or waste heat to power technology; 
     and
       (B) apply only to generation units that produce 5 megawatts 
     of electrical energy or less.

[[Page S262]]

       (d) Maximum Amount.--The amount of a grant provided under 
     this section shall not exceed $100,000.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section $5,000,000.
                                 ______
                                 
  SA 2968. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; as follows:

       Beginning on page 132, strike line 22 and all that follows 
     through page 133, line 4, and insert the following:
       (5) Smart manufacturing.--The term ``smart manufacturing'' 
     means advanced technologies in information, automation, 
     monitoring, computation, sensing, modeling, and networking 
     that--
       (A) digitally--
       (i) simulate manufacturing production lines;
       (ii) operate computer-controlled manufacturing equipment;
       (iii) monitor and communicate production line status; and
       (iv) manage and optimize energy productivity and cost 
     throughout production;
       (B) model, simulate, and optimize the energy efficiency of 
     a factory building;
       (C) monitor and optimize building energy performance;
       (D) model, simulate, and optimize the design of energy 
     efficient and sustainable products, including the use of 
     digital prototyping and additive manufacturing to enhance 
     product design;
       (E) connect manufactured products in networks to monitor 
     and optimize the performance of the networks, including 
     automated network operations; and
       (F) digitally connect the supply chain network.
                                 ______
                                 
  SA 2969. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                  TITLE VI--FOREST INCENTIVES PROGRAM

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Forest Incentives Program 
     Act of 2016''.

     SEC. 6002. FINDINGS.

       Congress finds that--
       (1) public and private forest land in the United States 
     plays a crucial role in sequestering carbon and otherwise 
     contributes to mitigation of greenhouse gas emissions;
       (2) the Environmental Protection Agency has reported in the 
     annual greenhouse gas inventory that United States forests 
     and forest products sequester as much as 12 to 14 percent of 
     annual United States carbon emissions, which makes forests 
     one of the largest carbon sinks in the United States;
       (3) according to the Environmental Protection Agency, 
     carbon sequestration from forests and other land uses has 
     grown by approximately 14 percent since 1990, largely as a 
     result of afforestation and improved forest management;
       (4) the use of forests products, such as wood products, in 
     buildings and biobased products can also reduce carbon 
     emissions when used in place of other, more carbon-intensive 
     products;
       (5)(A) in addition to the significant carbon mitigation 
     benefits of using forests and forest products for carbon 
     sequestration, the economic and societal cobenefits of forest 
     carbon solutions are extraordinarily valuable; and
       (B) incentivizing forest carbon activities, including 
     through working forests, has the potential to provide timber 
     and other forest commodities, improve air quality, enhance 
     watershed function and water supply, create and sustain fish 
     and wildlife habitat, contribute to scenic and aesthetic 
     qualities, support historical and cultural resources, provide 
     hunting, fishing, and recreational opportunities, and 
     increase forest resiliency, while also supporting rural jobs 
     and local economies;
       (6) despite positive recent trends in forest carbon, as 
     documented by the annual greenhouse gas inventory of the 
     Environmental Protection Agency, projections of the Forest 
     Service indicate those forest carbon and other benefits are 
     at risk in future decades due to development pressures and 
     other factors;
       (7) while the majority of the productive forest land of the 
     United States is under private ownership, private landowners 
     are facing increased pressure to convert their forest land to 
     other uses;
       (8) while some landowners are able to participate in 
     various carbon markets, the transaction costs and 
     restrictions of those programs are often prohibitive for 
     private landowners, particularly smallholders; and
       (9) creating incentives for private forest landowners to 
     adopt best practices to maintain and increase carbon benefits 
     from forest land through a streamlined program that avoids 
     excessive transaction costs will help ``keep forests as 
     forests'' and enhance forest carbon benefits by providing 
     incentive payments for a suite of eligible practices 
     throughout the lifecycle of forest management, including 
     forest products that provide long-term carbon storage 
     benefits.

     SEC. 6003. FOREST INCENTIVES PROGRAM.

       (a) Definitions.--In this section:
       (1) Carbon incentives contract; contract.--The term 
     ``carbon incentives contract'' or ``contract'' means a 15- to 
     30-year contract that specifies--
       (A) the eligible practices that will be undertaken;
       (B) the acreage of eligible land on which the practices 
     will be undertaken;
       (C) the agreed rate of compensation per acre;
       (D) a schedule to verify that the terms of the contract 
     have been fulfilled; and
       (E) such other terms as are determined necessary by the 
     Secretary.
       (2) Conservation easement agreement; agreement.--The term 
     ``conservation easement agreement'' or ``agreement'' means a 
     permanent conservation easement that--
       (A) covers eligible land that will not be converted for 
     development;
       (B) is enrolled under a carbon incentives contract; and
       (C) is consistent with the guidelines for--
       (i) the Forest Legacy Program established under section 7 
     of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2103c), subject to the condition that an eligible practice 
     shall be considered to be a conservation value for purposes 
     of such consistency; or
       (ii) any other program approved by the Secretary for use 
     under this section to provide consistency with Federal legal 
     requirements for permanent conservation easements.
       (3) Eligible land.--The term ``eligible land'' means forest 
     land in the United States that is privately owned at the time 
     of initiation of a carbon incentives contract or conservation 
     easement agreement.
       (4) Eligible practice.--
       (A) In general.--The term ``eligible practice'' means a 
     forestry practice, including improved forest management that 
     produces marketable forest products, that is determined by 
     the Secretary to provide measurable increases in carbon 
     sequestration and storage beyond customary practices on 
     comparable land.
       (B) Inclusions.--The term ``eligible practice'' includes--
       (i) afforestation on nonforested land, such as marginal 
     crop or pasture land, windbreaks, shelterbelts, stream 
     buffers, including working land and urban forests and parks, 
     or other areas identified by the Secretary;
       (ii) reforestation on forest land impacted by wildfire, 
     pests, wind, or other stresses, including working land and 
     urban forests and parks;
       (iii) improved forest management through practices such as 
     improving regeneration after harvest, planting in 
     understocked forests, reducing competition from slow-growing 
     species, thinning to encourage growth, changing rotations to 
     increase carbon storage, improving harvest efficiency or wood 
     use; and
       (iv) such other practices as the Secretary determines to be 
     appropriate.
       (5) Forest incentives program; program.--The term ``forest 
     incentives program'' or ``program'' means the forest 
     incentives program established under subsection (b)(1).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Supplemental Greenhouse Gas Emission Reductions in 
     United States.--
       (1) In general.--The Secretary shall establish a forest 
     incentives program to achieve supplemental greenhouse gas 
     emission reductions and carbon sequestration on private 
     forest land of the United States through--
       (A) carbon incentives contracts; and
       (B) conservation easement agreements.
       (2) Priority.--In selecting projects under this subsection, 
     the Secretary shall provide a priority for contracts and 
     agreements--
       (A) that sequester the most carbon on a per acre basis; and
       (B) that create forestry jobs or protect habitats and 
     achieve significant other environmental, economic, and social 
     benefits.
       (3) Eligibility.--
       (A) In general.--To participate in the program, an owner of 
     eligible land shall--
       (i) enter into a carbon incentives contract; and
       (ii) fulfill such other requirements as the Secretary 
     determines to be necessary.
       (B) Continued eligible practices.--An owner of eligible 
     land who has been carrying out eligible practices on the 
     eligible land shall not be barred from entering into a carbon 
     incentives contract under this subsection to continue 
     carrying out the eligible practices on the eligible land.
       (C) Duration of contract.--A contract shall be for a term 
     of not less than 15 nor more than 30 years, as determined by 
     the owner of eligible land.
       (D) Compensation under contract.--The Secretary shall 
     determine the rate of compensation per acre under the 
     contract so that the longer the term of the contract, the 
     higher rate of compensation.
       (E) Relationship to other programs.--An owner or operator 
     shall not be prohibited from participating in the program due 
     to participation of the owner or operator in other Federal or 
     State conservation assistance programs.
       (4) Compliance.--In developing regulations for carbon 
     incentives contracts under this subsection, the Secretary 
     shall specify requirements to address whether the owner of

[[Page S263]]

     eligible land has completed contract and agreement 
     requirements.
       (c) Incentive Payments.--
       (1) In general.--The Secretary shall provide to owners of 
     eligible land financial incentive payments for--
       (A) eligible practices that measurably increase carbon 
     sequestration and storage over a designated period on 
     eligible land, as specified through a carbon incentives 
     contract; and
       (B) subject to paragraph (2), conservation easements on 
     eligible land covered under a conservation easement 
     agreement.
       (2) Compensation.--The Secretary shall determine the amount 
     of compensation to be provided under a contract under this 
     subsection based on the emissions reductions obtained or 
     avoided and the duration of the reductions, with due 
     consideration to prevailing carbon pricing as determined by 
     any relevant or State compliance offset programs.
       (3) No conservation easement agreement required.--
     Eligibility for financial incentive payments under a carbon 
     incentives contract described in paragraph (1)(A) shall not 
     require a conservation easement agreement.
       (d) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     that specify eligible practices and related compensation 
     rates, standards, and guidelines as the basis for entering 
     into the program with owners of eligible land.
       (e) Set-aside of Funds for Certain Purposes.--
       (1) In general.--At the discretion of the Secretary, a 
     portion of program funds made available under this program 
     for a fiscal year may be used--
       (A) to develop forest carbon modeling and methodologies 
     that will improve the projection of carbon gains for any 
     forest practices made eligible under the program;
       (B) to provide additional incentive payments for specified 
     management activities that increase the adaptive capacity of 
     land under a carbon incentives contract; and
       (C) for the Forest Inventory and Analysis Program of the 
     Forest Service to develop improved measurement and monitoring 
     of forest carbon stocks.
       (2) Program components.--In establishing the program, the 
     Secretary shall provide that funds provided under this 
     section shall not be substituted for, or otherwise used as a 
     basis for reducing, funding authorized or appropriated under 
     other programs to compensate owners of eligible land for 
     activities that are not covered under the program.
       (f) Program Measurement, Monitoring, Verification, and 
     Reporting.--
       (1) Measurement, monitoring, and verification.--The 
     Secretary shall establish and implement protocols that 
     provide monitoring and verification of compliance with the 
     terms of contracts and agreements.
       (2) Reporting requirement.--At least annually, the 
     Secretary shall submit to Congress a report that contains--
       (A) an estimate of annual and cumulative reductions 
     achieved as a result of the program, determined using 
     standardized measures, including measures of economic 
     efficiency;
       (B) a summary of any changes to the program that will be 
     made as a result of program measurement, monitoring, and 
     verification;
       (C) the total number of acres enrolled in the program by 
     method; and
       (D) a State-by-State summary of the data.
       (3) Availability of report.--Each report required by this 
     subsection shall be available to the public through the 
     website of the Department of Agriculture.
       (4) Program adjustments.--At least once every 2 years the 
     Secretary shall adjust eligible practices and compensation 
     rates for future carbon incentives contracts based on the 
     results of monitoring under paragraph (1) and reporting under 
     paragraph (2), if determined necessary by the Secretary.
       (5) Estimating carbon benefits.--Any modeling, methodology, 
     or protocol resource developed under this section--
       (A) shall be suitable for estimating carbon benefits 
     associated with eligible practices for the purpose of 
     incentives under this section; and
       (B) may be used for netting by States or emission sources 
     under Federal programs relating to carbon emissions.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary.

     SEC. 6004. MATERIAL CHOICES IN BUILDINGS FOR SUPPLEMENTAL 
                   GREENHOUSE GAS EMISSION REDUCTIONS IN UNITED 
                   STATES.

       (a) Definitions.--In this section:
       (1) Eligible building.--The term ``eligible building'' 
     means a nonresidential building used for commercial or State 
     or local government purposes.
       (2) Eligible product.--The term ``eligible product'' means 
     a commercial or industrial product, such as an intermediate, 
     feedstock, or end product (other than food or feed), that is 
     composed in whole or in part of biological products, 
     including renewable agricultural and forestry materials used 
     as structural building material.
       (3) Program.--The term ``program'' means the greenhouse gas 
     incentives program established under this section.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Supplemental Greenhouse Gas Emission Reductions in 
     Buildings.--
       (1) In general.--The Secretary shall establish a greenhouse 
     gas incentives program to achieve supplemental greenhouse gas 
     emission reductions from material choices in buildings, based 
     on the lifecycle assessment of the building materials.
       (2) Financial incentive payments.--The Secretary shall 
     provide to owners of eligible buildings incentive payments 
     for the use of eligible products in buildings for 
     sequestering carbon based on a lifecycle assessment of the 
     structural assemblies, as compared to a model building as a 
     result of using eligible products in substitution for more 
     energy-intensive materials in--
       (A) new construction; or
       (B) building renovation.
       (c) Program Requirements.--
       (1) Applications.--To be eligible to participate in the 
     program, the owner of an eligible building shall submit to 
     the Secretary an application at such time, in such manner, 
     and containing such information as the Secretary may require.
       (2) Components.--In establishing the program, the Secretary 
     shall require that payments for activities under the program 
     shall be--
       (A) established at a rate not to exceed the net estimated 
     benefit an owner of an eligible building would receive for 
     similar practices under any federally established carbon 
     offset program, taking into consideration the costs 
     associated with the issuance of credits and compliance with 
     reversal provisions;
       (B) provided to owners of eligible buildings demonstrating 
     at least a 20-percent reduction in carbon emissions 
     potential, based on a lifecycle assessment of the structural 
     assemblies, as compared to the structural assemblies of a 
     model building, subject to the requirements that--
       (i) the Secretary shall identify a model baseline 
     nonresidential building--

       (I) of common size and function; and
       (II) having a service life of not less than 60 years; and

       (ii) applicants shall evaluate the carbon emissions 
     potential of the baseline building and the proposed building 
     using the same lifecycle assessment software tool and data 
     sets, which shall be compliant with the document numbered ISO 
     14044; and
       (C) provided on certification by the owner of an eligible 
     building and verification by the Secretary, after 
     consultation with the Secretary of Energy, that--
       (i) the eligible building meets the requirements of the 
     applicable State commercial building energy efficiency code 
     (as in effect on the date of the applicable permit of the 
     eligible building); and
       (ii) the State has made the certification required pursuant 
     to section 304 of the Energy Conservation and Production Act 
     (42 U.S.C. 6833).
       (3) Incentive payments.--A participant in the program shall 
     receive payment under the program on completion of 
     construction or renovation of the applicable eligible 
     building.
       (d) Reports.--Not less frequently than once each year, the 
     Secretary shall submit to Congress a report that contains--
       (1) an estimate of annual and cumulative reductions 
     achieved as a result of the program--
       (A) determined by using lifecycle assessment software that 
     is compliant with the document numbered ISO 14044; and
       (B) expressed in terms of the total number of cars removed 
     from the road;
       (2) a summary of any changes to the program that will be 
     made as a result of past implementation of the program; and
       (3) the total number of buildings under carbon incentives 
     contracts as of the date of the report.
       (e) Analytical Requirements.--For purposes of this 
     section--
       (1) any carbon emissions potential calculation shall--
       (A) be performed in accordance with standard lifecycle 
     assessment practice; and
       (B) include removal and sequestration of carbon dioxide 
     from the use of biobased products, as well as recycled 
     content materials;
       (2) a full lifecycle assessment shall be conducted taking 
     into consideration all lifecycle stages, including--
       (A) resource extraction and processing;
       (B) product manufacturing;
       (C) onsite construction of assemblies;
       (D) transportation;
       (E) maintenance and replacement cycles over an assumed 
     eligible building service life of 60 years; and
       (F) demolition;
       (3) structural assemblies shall be considered to include 
     columns, beams, girders, purlins, floor deck, roof, and 
     structural envelope elements;
       (4) primary materials shall be considered to include common 
     products used as the structural system, such as wood, steel, 
     concrete, or masonry; and
       (5) the effects of recycling, reuse, or energy recovery 
     beyond the boundaries of an applicable study system shall not 
     be taken in account.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 2970. Mr. GARDNER (for himself, Mr. Coons, Mr. Portman, and Mrs. 
Shaheen) submitted an amendment intended to be proposed to amendment

[[Page S264]]

SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for 
the modernization of the energy policy of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 1006, strike subsection (a) and insert the 
     following:
       (a) Energy Management Requirements.--Section 543(f)(4) of 
     the National Energy Conservation Policy Act (42 U.S.C. 
     8253(f)(4)) is amended by striking ``may'' and inserting 
     ``shall''.
                                 ______
                                 
  SA 2971. Mr. KIRK submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REVIEW OF LONG-TERM IMPACTS OF PROPOSED DISPOSAL OF 
                   NUCLEAR WASTE AT THE BRUCE NUCLEAR POWER PLANT 
                   IN KINCARDINE, ONTARIO.

       (a) Senses of Congress; Findings.--
       (1) Sense of congress that canada should not approve 
     nuclear waste repository.--
       (A) In general.--It is the sense of Congress that the 
     Government of Canada should not approve the construction of a 
     permanent nuclear waste repository in Kincardine, Ontario, 
     Canada (referred to in this section as the ``repository'').
       (B) Supporting findings.--In support of the sense of 
     Congress described in subparagraph (A), Congress finds that--
       (i) the repository would be located less than 1 mile from 
     the shores of the Great Lakes;
       (ii) the repository could store up to 7,000,000 cubic feet 
     of toxic nuclear waste; and
       (iii) some of that nuclear waste will remain radioactive 
     for over 100,000 years.
       (2) Sense of congress that a growing body of organizations 
     opposes the repository.--
       (A) In general.--It is the sense of Congress that a growing 
     body of lawmakers, officials, governments, and community 
     organizations on the Federal, State, local, and international 
     level publicly opposes the repository.
       (B) Supporting findings.--In support of the sense of 
     Congress described in subparagraph (A), Congress finds that--
       (i) the Committee on Appropriations of the Senate 
     emphasized opposition to the repository in the report 
     accompanying S. 1725 (114th Congress), as reported out on 
     July 9, 2015--

       (I) expressing concern with the proposal for the repository 
     by Ontario Power Generation, ``which could cause irreparable 
     harm to the shared economic and ecological wellbeing of the 
     Great Lakes''; and
       (II) recommending that ``the Department of State request an 
     International Joint Commission review of the proposal and 
     urge the Government of Canada to postpone its final decision 
     until the review of the long-term impacts of locating a 
     nuclear repository at the proposed site is complete and fully 
     evaluated by both the Governments of the United States and 
     Canada'';

       (ii) the Great Lakes and St. Lawrence Cities Initiative, a 
     binational coalition of over 110 United States and Canadian 
     mayors and local officials, formally opposes the repository;
       (iii) the Great Lakes Legislative Caucus, comprised of 
     State and local lawmakers from the 8 States bordering the 
     Great Lakes, Ontario, and Quebec, opposes the repository;
       (iv) 52 local units of government and communities in Canada 
     and 128 units of local government and communities in the 
     United States oppose the repository; and
       (v) the State Senate of Michigan unanimously enacted a law 
     and a series of resolutions calling on the International 
     Joint Commission to stop the repository from moving forward.
       (b) Department of State Actions.--The Department of State 
     shall--
       (1) request that, pursuant to Article IX of the Boundary 
     Waters Treaty of 1909, the International Joint Commission 
     conduct a review of the proposed repository; and
       (2) urge the Government of Canada to postpone its final 
     decision on the proposed repository until the review of the 
     long-term impacts of the repository requested pursuant to 
     paragraph (1) is complete and fully evaluated by both the 
     Governments of the United States and Canada.
                                 ______
                                 
  SA 2972. Mr. KIRK submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REVIEW OF LONG-TERM IMPACTS OF PROPOSED DISPOSAL OF 
                   NUCLEAR WASTE AT THE BRUCE NUCLEAR POWER PLANT 
                   IN KINCARDINE, ONTARIO.

       (a) Senses of Congress; Findings.--
       (1) Sense of congress that canada should not approve 
     nuclear waste repository.--
       (A) In general.--It is the sense of Congress that the 
     Government of Canada should not approve the construction of a 
     permanent nuclear waste repository in Kincardine, Ontario, 
     Canada (referred to in this section as the ``repository'').
       (B) Supporting findings.--In support of the sense of 
     Congress described in subparagraph (A), Congress finds that--
       (i) the repository would be located less than 1 mile from 
     the shores of the Great Lakes;
       (ii) the repository could store up to 7,000,000 cubic feet 
     of toxic nuclear waste; and
       (iii) some of that nuclear waste will remain radioactive 
     for over 100,000 years.
       (2) Sense of congress that a growing body of organizations 
     opposes the repository.--
       (A) In general.--It is the sense of Congress that a growing 
     body of lawmakers, officials, governments, and community 
     organizations on the Federal, State, local, and international 
     level publicly opposes the repository.
       (B) Supporting findings.--In support of the sense of 
     Congress described in subparagraph (A), Congress finds that--
       (i) the Committee on Appropriations of the Senate 
     emphasized opposition to the repository in the report 
     accompanying S. 1725 (114th Congress), as reported out on 
     July 9, 2015--

       (I) expressing concern with the proposal for the repository 
     by Ontario Power Generation, ``which could cause irreparable 
     harm to the shared economic and ecological wellbeing of the 
     Great Lakes''; and
       (II) recommending that ``the Department of State request an 
     International Joint Commission review of the proposal and 
     urge the Government of Canada to postpone its final decision 
     until the review of the long-term impacts of locating a 
     nuclear repository at the proposed site is complete and fully 
     evaluated by both the Governments of the United States and 
     Canada'';

       (ii) the Great Lakes and St. Lawrence Cities Initiative, a 
     binational coalition of over 110 United States and Canadian 
     mayors and local officials, formally opposes the repository;
       (iii) the Great Lakes Legislative Caucus, comprised of 
     State and local lawmakers from the 8 States bordering the 
     Great Lakes, Ontario, and Quebec, opposes the repository;
       (iv) 52 local units of government and communities in Canada 
     and 128 units of local government and communities in the 
     United States oppose the repository; and
       (v) the State Senate of Michigan unanimously enacted a law 
     and a series of resolutions calling on the International 
     Joint Commission to stop the repository from moving forward.
       (b) Department of State Actions.--The Department of State 
     shall--
       (1) request that, pursuant to Article IX of the Boundary 
     Waters Treaty of 1909, the International Joint Commission 
     conduct a review of the proposed repository; and
       (2) urge the Government of Canada to postpone its final 
     decision on the proposed repository until the review of the 
     long-term impacts of the repository requested pursuant to 
     paragraph (1) is complete and fully evaluated by both the 
     Governments of the United States and Canada.
                                 ______
                                 
  SA 2973. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

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

                     PART V--RENEWABLE ENERGY STUDY

     SEC. 3021. GAO STUDY ON INCREASING THE PERCENTAGE OF 
                   ELECTRICITY PRODUCED USING RENEWABLE ENERGY.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the appropriate committees of Congress a study that 
     describes the costs of increasing, by 2040, the percentage of 
     electricity generated using renewable energy (including 
     hydropower, wind, solar, geothermal, wood, wood waste, 
     biogenic municipal waste, landfill gas, and other biomass) by 
     each of the following percentages:
       (1) 25 percent.
       (2) 35 percent.
       (3) 50 percent.
                                 ______
                                 
  SA 2974. Mr. CASSIDY (for himself, Mr. Cornyn, and Mr. Vitter) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORTS.

       (a) Definitions.--In this section:
       (1) BSEE.--The term ``BSEE'' means the Bureau of Safety and 
     Environmental Enforcement.

[[Page S265]]

       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the BSEE is operating.
       (b) Report Required.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations and Energy and Natural Resources 
     of the Senate and the Committees on Appropriations and 
     Natural Resources of the House of Representatives a report 
     containing an analysis of each proposed regulation and rule 
     of the BSEE, including--
       (1) a description of the current safety measures in place 
     offshore--
       (A) to demonstrate the extent to which industry and 
     government have already effectively and comprehensively 
     enhanced offshore safety; and
       (B) to identify any existing gaps and the best manner with 
     which fill those gaps; and
       (2) identification of and justification for any 
     improvements to safety claimed in the proposed regulations 
     and rules.
                                 ______
                                 
  SA 2975. Mr. CASSIDY (for himself, Mr. Cornyn, and Mr. Vitter) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER 
                   CONTINENTAL SHELF.

       The Secretary of the Interior (referred to in this section 
     as the ``Secretary'') shall not finalize, implement, or 
     enforce the proposed rule entitled ``Oil and Gas and Sulphur 
     Operations in the Outer Continental Shelf-Blowout Preventer 
     Systems and Well Control'' (80 Fed. Reg. 21504 (April 17, 
     2015)) (referred to in this section as the ``proposed rule'') 
     unless and until the Secretary--
       (1) issues a revised version of the proposed rule that 
     incorporates the information learned from additional 
     technical workshops conducted after the date of enactment of 
     this Act with industry experts, focusing on mitigation of 
     prescriptive requirements contained in the proposed rule, 
     including those that adversely impact personnel safety;
       (2) provides notice and an opportunity for public comment 
     of not less than 90 days on the revised version of the 
     proposed rule after completion of the technical workshops 
     described in paragraph (1); and
       (3) submits to Congress a report--
       (A) after the technical workshops conducted under paragraph 
     (1), that describes distinct changes made in the proposed 
     rule based on the workshops; and
       (B) after the period for public comment under paragraph 
     (2), that describes distinct changes made in the proposed 
     rule based on the comments.
                                 ______
                                 
  SA 2976. Mr. CASSIDY (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. OZONE NATIONAL AMBIENT AIR QUALITY STANDARD 
                   DEADLINE HARMONIZATION.

       (a) Definitions.--In this section:
       (1) 2008 ozone standards.--The term ``2008 ozone 
     standards'' means the ozone standards described in the final 
     rule entitled ``National Ambient Air Quality Standards for 
     Ozone'' (73 Fed. Reg. 16436 (March 27, 2008)).
       (2) 2015 ozone standards.--The term ``2015 ozone 
     standards'' means the ozone standards described in the final 
     rule entitled ``National Ambient Air Quality Standards for 
     Ozone'' (80 Fed. Reg. 65292 (October 26, 2015)).
       (3) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (4) Best available control technology.--The term ``best 
     available control technology'' has the meaning given the term 
     in section 169 of the Clean Air Act (42 U.S.C. 7479).
       (5) Lowest achievable emission rate.--The term ``lowest 
     achievable emission rate'' has the meaning given the term in 
     section 171 of the Clean Air Act (42 U.S.C. 7501).
       (6) Preconstruction permit.--
       (A) In general.--The term ``preconstruction permit'' means 
     a permit that is required under part C or D of title I of the 
     Clean Air Act (42 U.S.C. 7470 et seq.) for the construction 
     or modification of a major emitting facility or major 
     stationary source.
       (B) Inclusion.--The term ``preconstruction permit'' 
     includes a permit described in subparagraph (A) issued by the 
     Administrator or a State, local, or tribal permitting 
     authority.
       (b) Ozone Standards Implementation Schedule 
     Harmonization.--
       (1) Designation submission.--Not later than October 26, 
     2024, the Governor of each State shall designate in 
     accordance with section 107(d) of the Clean Air Act (42 
     U.S.C. 7407(d)) all areas (or portions of areas) of the State 
     as attainment, nonattainment, or unclassifiable with respect 
     to the 2015 ozone standards.
       (2) Designation promulgation.--Not later than October 26, 
     2025, the Administrator shall promulgate final designations 
     under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) 
     for all areas in all States with respect to the 2015 ozone 
     standards, including any modifications to the designations 
     submitted under paragraph (1).
       (3) State implementation plans.--Not later than October 26, 
     2026, notwithstanding the deadline specified in section 
     110(a)(1) of the Clean Air Act (42 U.S.C. 7410(d)(1)), each 
     State shall submit the plan required by that section for the 
     2015 ozone standards.
       (c) Certain Preconstruction Permits.--
       (1) In general.--The 2015 ozone standards shall not apply 
     to the review and disposition of a preconstruction permit 
     application if--
       (A) the Administrator or the State, local, or tribal 
     permitting authority, as applicable, determines the 
     application to be complete on or before the date of 
     promulgation of final designations under subsection (b)(2); 
     or
       (B) the Administrator or the State, local, or tribal 
     permitting authority, as applicable, publishes a public 
     notice of a preliminary determination or draft permit for the 
     application before the date that is 60 days after the date of 
     promulgation of final designations under subsection (b)(2).
       (2) Rules of construction.--Nothing in this subsection--
       (A) eliminates the obligation of a preconstruction permit 
     applicant to install best available control technology and 
     lowest achievable emissions rate technology, as applicable; 
     or
       (B) limits the authority of a State, local, or tribal 
     permitting authority to impose more stringent emissions 
     requirements pursuant to State, local, or tribal law than 
     Federal national ambient air quality standards established by 
     the Environmental Protection Agency.
       (d) Adjustment of 5-year Review Cycle.--Notwithstanding 
     section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), the 
     Administrator shall not--
       (1) complete, before October 26, 2025, any review of the 
     criteria for ozone published under section 108 of that Act 
     (42 U.S.C. 7408) or the national ambient air quality standard 
     for ozone promulgated under section 109 of that Act (42 
     U.S.C. 7409); or
       (2) propose, before October 26, 2025, any revisions to 
     those criteria or standards.
                                 ______
                                 
  SA 2977. Mr. CASSIDY (for himself, Mr. Vitter, Mr. Barrasso, Mr. 
Lankford, and Mr. Lee) submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of part IV of subtitle A of title III, add the 
     following:

     SEC. 3018. REPEAL OF RENEWABLE FUEL STANDARD.

       (a) In General.--Section 211 of the Clean Air Act (42 
     U.S.C. 7545) is amended--
       (1) in subsection (d)--
       (A) in paragraphs (1) and (2), by striking ``(n), or (o)'' 
     each place it appears and inserting ``or (n)''; and
       (B) in paragraph (1), in the second sentence, by striking 
     ``(m), or (o)'' and inserting ``or (m)'';
       (2) by striking subsection (o); and
       (3) by redesignating subsections (q) through (v) as 
     subsections (o) through (t), respectively.
       (b) Additional Repeal.--Section 204 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 7545 note; 
     Public Law 110-140) is repealed.
       (c) Regulations.--Effective beginning on the date of 
     enactment of this Act, the regulations contained in subparts 
     K and M of part 80 of title 40, Code of Federal Regulations 
     (as in effect on that date of enactment), shall have no force 
     or effect.
                                 ______
                                 
  SA 2978. Mr. CASSIDY (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, insert the following:

               TITLE VI--WATERWAY LNG PARITY ACT OF 2016

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Waterway LNG Parity Act of 
     2016''.

     SEC. 6002. LIQUEFIED NATURAL GAS EQUIVALENT FOR PURPOSES OF 
                   INLAND WATERWAYS TRUST FUND FINANCING RATE.

       (a) In General.--Section 4042(b)(2)(A) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(A) The Inland Waterways Trust Fund financing rate is 29 
     cents per gallon (per energy equivalent of a gallon of 
     diesel, in the case of liquefied natural gas).''.
       (b) Energy Equivalent of a Gallon of Diesel.--Section 
     4042(b) of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following:
       ``(5) Energy equivalent of a gallon of diesel with respect 
     to liquefied natural

[[Page S266]]

     gas.--For purposes of paragraph (2)(A), the term `energy 
     equivalent of a gallon of diesel' means 6.06 pounds of 
     liquefied natural gas.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any sale or use of fuel after December 31, 
     2015.
                                 ______
                                 
  SA 2979. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end add the following:

                        TITLE VI--MISCELLANEOUS

     SEC. 6001. ADVISORY COUNCIL ON HISTORIC PRESERVATION.

       (a) Additional Member.--Section 304101(a) of title 54, 
     United States Code, is amended--
       (1) by redesignating paragraphs (8), (9), (10), and (11) as 
     paragraphs (9), (10), (11), and (12), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) The General Chairman of the National Association of 
     Tribal Historic Preservation Officers.''.
       (b) Full-time Chairman.--Section 304101 of title 54, United 
     States Code, is amended--
       (1) by redesignating subsections (e) and (f) as paragraphs 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Chairman.--
       ``(1) In general.--After January 1, 2016, the Chairman 
     shall--
       ``(A) be appointed by the President;
       ``(B) serve full time; and
       ``(C) be compensated at a rate equal to the annual rate of 
     basic pay payable for level III of the Executive Schedule 
     under section 5314, of title 5, United States Code.
       ``(2) Interim provision.--The Chairman that is serving 
     immediately before an appointment under paragraph (1) shall--
       ``(A) receive $100 per day when engaged in the performance 
     of the duties of the Council; and
       ``(B) receive reimbursement for necessary traveling and 
     subsistence expenses incurred by the Chairman in the 
     performance of the duties of the Council.''; and
       (3) in subsection (f) (as redesignated by paragraph (1)), 
     in the second sentence, by striking ``may act in place'' and 
     inserting ``shall perform the functions''.
       (c) Technical and Conforming Amendments.--
       (1) Position at level iii.--Section 5314 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to ``Director of the Office of Financial Research'' the 
     following:
     ``Chairman of the Advisory Council on Historic 
     Preservation.''.
       (2) Establishment; vacancies.--Section 304101 of title 54, 
     United States Code, is amended--
       (A) in subsection (b), by striking ``, (7) and (8)'' and 
     inserting ``and (7) through (9)'';
       (B) in subsection (c)--
       (i) in the first sentence, by striking ``paragraphs (1) and 
     (9) to (11)'' and inserting ``paragraphs (10) through (12)''; 
     and
       (ii) in the third sentence, by inserting ``, other than the 
     Chairman of the Council,'' before ``may not serve'';
       (C) in subsection (f) (as redesignated by subsection 
     (b)(1)), in the first sentence, by striking ``paragraph (5), 
     (6), (9), or (10)'' and inserting ``paragraph (5), (6), (10), 
     or (11)''; and
       (D) in subsection (g) (as redesignated by subsection 
     (b)(1)), by striking ``Twelve members'' and inserting ``13 
     members''.
       (3) Compensation of members of the council.--Section 304104 
     of title 54, United States Code, is amended by inserting 
     after the first sentence the following: ``The Chairman of the 
     Council shall be compensated as provided in section 304101(e) 
     of this title.''.
       (4) Administration.--Section 304105(a) of title 54, United 
     States Code, is amended, in the second sentence--
       (A) by striking ``to the Council'' and inserting ``to the 
     Chairman''; and
       (B) by striking ``the Council may'' and inserting ``the 
     Chairman may''.
       (5) Preserve america program.--Section 311103 of title 54, 
     United States Code, is amended--
       (A) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``Council'' each place it appears and 
     inserting ``Chairman of the Council''; and
       (B) in subsection (d), by striking ``Council'' and 
     inserting ``Chairman of the Council''.
                                 ______
                                 
  SA 2980. Mrs. SHAHEEN (for herself and Mr. Gardner) submitted an 
amendment intended to be proposed by her to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                        TITLE VI--OTHER MATTERS

     SEC. 6001. ASSESSMENT AND ANALYSIS OF OUTDOOR RECREATION 
                   ECONOMY OF THE UNITED STATES.

       (a) Assessment and Analysis.--The Secretary of Commerce, 
     acting through the Director of the Bureau of Economic 
     Analysis, shall conduct an assessment and analysis of the 
     outdoor recreation economy of the United States and the 
     effects attributable to such economy on the overall economy 
     of the United States.
       (b) Considerations.--In conducting the assessment required 
     by subsection (a), the Secretary may consider employment, 
     sales, and contributions to travel and tourism, and such 
     other contributing components of the outdoor recreation 
     economy of the United States as the Secretary considers 
     appropriate.
       (c) Consultation.--In carrying out the assessment required 
     by subsection (a), the Secretary shall consult with the 
     following:
       (1) The heads of such agencies and offices of the Federal 
     Government as the Secretary considers appropriate, including 
     the Secretary of Agriculture, the Secretary of the Interior, 
     the Director of the Bureau of the Census, and the 
     Commissioner of the Bureau of Labor Statistics.
       (2) Representatives of businesses, including small business 
     concerns, that engage in commerce in the outdoor recreation 
     economy of the United States.
       (d) Report.--
       (1) In general.--Not later than December 31, 2016, the 
     Secretary of Commerce shall submit to the appropriate 
     committees of Congress a report on the findings of the 
     Secretary with respect to the assessment conducted under 
     subsection (a).
       (2) Appropriate committees of congress.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     includes the following:
       (A) The Committee on Commerce, Science, and Transportation, 
     the Committee on Environment and Public Works, the Committee 
     on Energy and Natural Resources, and the Committee on Small 
     Business and Entrepreneurship of the Senate.
       (B) The Committee on Energy and Commerce and the Committee 
     on Small Business of the House of Representatives.
       (e) Small Business Concern Defined.--In this section, the 
     term ``small business concern'' has the meaning given such 
     term under section 3 of the Small Business Act (15 U.S.C. 
     632).
                                 ______
                                 
  SA 2981. Ms. MURKOWSKI (for Mr. Inhofe (for himself and Mr. Carper)) 
submitted an amendment intended to be proposed by Ms. Murkowski to the 
bill S. 2012, to provide for the modernization of the energy policy of 
the United States, and for other purposes; which was ordered to lie on 
the table; as follows:

       In section 3001(b), strike paragraph (2) and insert the 
     following:
       (2) in subsection (a) (as amended by paragraph (1)), by 
     inserting ``a number equivalent to'' before ``the total 
     amount of electric energy'';
       (3) in subsection (b), by striking paragraph (2) and 
     inserting the following:
       ``(2) Renewable energy.--The term `renewable energy' means 
     energy produced or, if resulting from a thermal energy 
     project placed in service after December 31, 2014, thermal 
     energy generated from, or avoided by, solar, wind, biomass, 
     landfill gas, ocean (including tidal, wave, current, and 
     thermal), geothermal, municipal solid waste, or 
     hydropower.''; and
       (4) in subsection (c)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (B) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes''; and
       (C) by adding at the end the following:
       ``(2) Separate calculation.--
       ``(A) In general.--For purposes of determining compliance 
     with the requirements of this section, any energy consumption 
     that is avoided through the use of renewable energy shall be 
     considered to be renewable energy produced.
       ``(B) Denial of double benefit.--Avoided energy consumption 
     that is considered to be renewable energy produced under 
     subparagraph (A) shall not also be counted for purposes of 
     achieving compliance with a Federal energy efficiency goal 
     required under any other provision of law.''.
                                 ______
                                 
  SA 2982. Mr. MARKEY (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for 2 years, 
     the Comptroller General of the United States shall conduct a 
     review of--
       (1) energy production in the United States; and
       (2) the effects, if any, of crude oil exports from the 
     United States on consumers, independent refiners, and 
     shipbuilding and ship repair yards.
       (b) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (a), the Comptroller 
     General of the United States shall submit to the Committees 
     on Energy and Natural Resources, Banking, Housing, and Urban 
     Affairs, Commerce, Science, and Transportation, and

[[Page S267]]

     Foreign Relations of the Senate and the Committees on Natural 
     Resources, Energy and Commerce, Financial Services, and 
     Foreign Affairs of the House of Representatives a report that 
     includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to 
     address any job loss in the shipbuilding and ship repair 
     industry or adverse impacts on consumers and refiners that 
     the Comptroller General of the United States attributes to 
     unencumbered crude oil exports in the United States.
                                 ______
                                 
  SA 2983. Ms. MURKOWSKI (for Mr. Inhofe (for himself and Mr. King)) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 2309 (relating to electric 
     transmission infrastructure permitting), add the following:
       (d) Geomatic Data.--If a Federal or State department or 
     agency considering an aspect of an application for Federal 
     authorization requires the applicant to submit environmental 
     data, the department or agency--
       (1) shall consider any such data gathered by geomatic 
     techniques, including tools and techniques used in land 
     surveying, remote sensing, cartography, geographic 
     information systems, global navigation satellite systems, 
     photogrammetry, geophysics, geography, or other remote means; 
     and
       (2) may grant a conditional approval for Federal 
     authorization, subject to the verification of those data 
     through a subsequent onsite inspection.
                                 ______
                                 
  SA 2984. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 125, strike lines 3 through 7 and insert the 
     following:
       (A) in paragraph (2)--
       (i) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (ii) by inserting before subparagraph (F) (as so 
     redesignated) the following:
       ``(E) water and wastewater treatment facilities, including 
     systems that treat municipal, industrial, and agricultural 
     waste; and'';
       (B) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively; and
       (C) by inserting after paragraph (2) the following:
       On page 129, strike line 4 and insert the following:
     ment of Energy.
       ``(7) Expansion of technical assistance.--The Secretary 
     shall expand the institution of higher education-based 
     industrial research and assessment centers, working across 
     Federal agencies as necessary--
       ``(A) to provide comparable assessment services to water 
     and wastewater treatment facilities, including systems that 
     treat municipal, industrial, and agricultural waste; and
       ``(B) to equip the directors of the centers with the 
     training and tools necessary to provide technical assistance 
     on energy savings to the water and wastewater treatment 
     facilities.''.
                                 ______
                                 
  SA 2985. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. PIKE NATIONAL HISTORIC TRAIL STUDY.

       Section 5(c) of the National Trails System Act (16 U.S.C. 
     1244(c)) is amended by adding at the end the following:
       ``(46) Pike national historic trail.--The Pike National 
     Historic Trail, a series of routes extending approximately 
     3,664 miles, which follows the route taken by Lt. Zebulon 
     Montgomery Pike during the 1806-1807 Pike expedition that 
     began in Fort Bellefontaine, Missouri, extended through 
     portions of the States of Kansas, Nebraska, Colorado, New 
     Mexico, and Texas, and ended in Natchitoches, Louisiana.''.
                                 ______
                                 
  SA 2986. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. BOWHUNTING OPPORTUNITY AND WILDLIFE STEWARDSHIP.

       (a) In General.--Subchapter II of chapter 1015 of title 54, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 101513. Hunter access corridors

       ``(a) Definitions.--In this section:
       ``(1) Not ready for immediate use.--The term `not ready for 
     immediate use' means--
       ``(A) a bow or crossbow, the arrows of which are secured or 
     stowed in a quiver or other arrow transport case; and
       ``(B) with respect to a crossbow, uncocked.
       ``(2) Valid hunting license.--The term `valid hunting 
     license' means a State-issued hunting license that authorizes 
     an individual to hunt on private or public land adjacent to 
     the System unit in which the individual is located while in 
     possession of a bow or crossbow that is not ready for 
     immediate use.
       ``(b) Transportation Authorized.--
       ``(1) In general.--The Director shall not require a permit 
     for, or promulgate or enforce any regulation that prohibits 
     an individual from, transporting bows and crossbows that are 
     not ready for immediate use across any System unit if--
       ``(A) in the case of an individual traversing the System 
     unit on foot--
       ``(i) the individual is not otherwise prohibited by law 
     from possessing the bows and crossbows;
       ``(ii) the bows or crossbows are not ready for immediate 
     use throughout the period during which the bows or crossbows 
     are transported across the System unit;
       ``(iii) the possession of the bows and crossbows is in 
     compliance with the law of the State in which the System unit 
     is located; and
       ``(iv)(I) the individual possesses a valid hunting license;
       ``(II) the individual is traversing the System unit en 
     route to a hunting access corridor established under 
     subsection (c)(1); or
       ``(III) the individual is traversing the System unit in 
     compliance with any other applicable regulations or policies; 
     or
       ``(B) the bows or crossbows are not ready for immediate use 
     and remain inside a vehicle.
       ``(2) Enforcement.--Nothing in this subsection limits the 
     authority of the Director to enforce laws (including 
     regulations) prohibiting hunting or the taking of wildlife in 
     any System unit.
       ``(c) Establishment of Hunter Access Corridors.--
       ``(1) In general.--On a determination by the Director under 
     paragraph (2), the Director may establish and publish (in 
     accordance with section 1.5 of title 36, Code of Federal 
     Regulations (or a successor regulation)), on a publicly 
     available map, hunter access corridors across System units 
     that are used to access public land that is--
       ``(A) contiguous to a System unit; and
       ``(B) open to hunting.
       ``(2) Determination by director.--The determination 
     referred to in paragraph (1) is a determination that the 
     hunter access corridor would provide wildlife management or 
     visitor experience benefits within the boundary of the System 
     unit in which the hunter access corridor is located.
       ``(3) Hunting season.--The hunter access corridors shall be 
     open for use during hunting seasons.
       ``(4) Exception.--The Director may establish limited 
     periods during which access through the hunter access 
     corridors is closed for reasons of public safety, 
     administration, or compliance with applicable law.
       ``(5) Identification of corridors.--The Director shall--
       ``(A) make information regarding hunter access corridors 
     available on the individual website of the applicable System 
     unit; and
       ``(B) provide information regarding any processes 
     established by the Director for transporting legally taken 
     game through individual hunter access corridors.
       ``(6) Registration; transportation of game.--The Director 
     may--
       ``(A) provide registration boxes to be located at the 
     trailhead of each hunter access corridor for self-
     registration;
       ``(B) provide a process for online self-registration; and
       ``(C) allow nonmotorized conveyances to transport legally 
     taken game through a hunter access corridor established under 
     this subsection, including game carts and sleds.
       ``(7) Consultation with states.--The Director shall consult 
     with each applicable State wildlife agency to identify 
     appropriate hunter access corridors.
       ``(d) Effect.--Nothing in this section--
       ``(1) diminishes, enlarges, or modifies any Federal or 
     State authority with respect to recreational hunting, 
     recreational shooting, or any other recreational activities 
     within the boundaries of a System unit; or
       ``(2) authorizes--
       ``(A) the establishment of new trails in System units; or
       ``(B) authorizes individuals to access areas in System 
     units, on foot or otherwise, that are not open to such 
     access.
       ``(e) No Major Federal Action.--
       ``(1) In general.--Any action taken under this section 
     shall not be considered a major Federal action significantly 
     affecting the quality of the human environment under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(2) No additional action required.--No additional 
     identification, analyses, or consideration of environmental 
     effects (including cumulative environmental effects) is 
     necessary or required with respect to an action taken under 
     this section.''.

[[Page S268]]

       (b) Clerical Amendment.--The table of sections affected for 
     title 54, United States Code, is amended by inserting after 
     the item relating to section 101512 the following:

``Sec. 101513. Hunter access corridors.''.
                                 ______
                                 
  SA 2987. Mr. BENNET (for himself and Mr. Gardner) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 3105. TREATMENT OF OIL SHALE RESERVE RECEIPTS.

       Section 7439 of title 10, United State States Code, is 
     amended--
       (1) in subsection (f)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Disposition.--
       ``(A) In general.--Notwithstanding section 35 of the 
     Mineral Leasing Act (30 U.S.C. 191), the amounts received 
     during the period specified in paragraph (2) from a lease 
     under this section (including moneys in the form of sales, 
     bonuses, royalties (including interest charges collected 
     under the Federal Oil and Gas Royalty Management Act of 1982 
     (30 U.S.C. 1701 et seq.)), and rentals) that do not exceed 
     the sum of the amounts specified in subparagraphs (A) and (B) 
     of paragraph (2)--
       ``(i) shall be deposited in the Treasury; and
       ``(ii) shall not be subject to distribution to the States 
     pursuant to section 35(a) of the Mineral Leasing Act (30 
     U.S.C. 191(a)).
       ``(B) Mineral leasing act.--Any amounts received during the 
     period specified in paragraph (2) from a lease under this 
     section (including moneys in the form of sales, bonuses, 
     royalties (including interest charges collected under the 
     Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
     1701 et seq.)), and rentals) that exceed the sum of the 
     amounts specified in subparagraphs (A) and (B) of paragraph 
     (2)--
       ``(i) shall be deposited in the Treasury; and
       ``(ii) shall be subject to distribution to the States 
     pursuant to section 35(a) of the Mineral Leasing Act (30 
     U.S.C. 191(a)).
       ``(C) No impact on payments in lieu of taxes.--Nothing in 
     this paragraph impacts or reduces any payment authorized 
     under section 6903 of title 31, United States Code.''; and
       (B) in paragraph (2)--
       (i) by striking ``(2) The period'' and inserting the 
     following:
       ``(2) Period.--The period''; and
       (ii) in the matter preceding subparagraph (A), by striking 
     ``paragraph (1)'' and inserting ``paragraph (1)(A)''; and
       (2) in subsection (g)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``subsection (f)(1)'' and inserting 
     ``subsection (f)(1)(A)''; and
       (B) in paragraph (2), in the first sentence, by striking 
     ``subsection (f)(1)'' and inserting ``subsection (f)(1)(A)''.
                                 ______
                                 
  SA 2988. Mr. BENNET (for himself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CARBON DIOXIDE CAPTURE FACILITIES.

       (a) Short Title.--This section may be cited as the ``Carbon 
     Capture Improvement Act of 2016''.
       (b) Findings.--Congress finds the following:
       (1) Capture and long-term storage of carbon dioxide from 
     coal, natural gas, and biomass-fired power plants, as well as 
     from industrial sectors such as oil refining and production 
     of fertilizer, cement, and ethanol, can help protect the 
     environment while improving the economy and national security 
     of the United States.
       (2) The United States is a world leader in the field of 
     carbon dioxide capture and long-term storage, as well as the 
     beneficial use of carbon dioxide in enhanced oil recovery 
     operations, with many manufacturers and licensors of carbon 
     dioxide capture technology based in the United States.
       (3) While the prospects for large-scale carbon capture in 
     the United States are promising, costs remain relatively 
     high. Lowering the financing costs for carbon dioxide capture 
     projects would accelerate the deployment of this technology, 
     and if the captured carbon dioxide is subsequently sold for 
     industrial use, such as for use in enhanced oil recovery 
     operations, the economic prospects are further improved.
       (4) Since 1968, tax-exempt private activity bonds have been 
     used to provide access to lower-cost financing for private 
     businesses that are purchasing new capital equipment for 
     certain specified environmental facilities, including 
     facilities that reduce, recycle, or dispose of waste, 
     pollutants, and hazardous substances.
       (5) Allowing tax-exempt financing for the purchase of 
     capital equipment that is used to capture carbon dioxide will 
     reduce the costs of developing carbon dioxide capture 
     projects, accelerate their deployment, and, in conjunction 
     with carbon dioxide utilization and long-term storage, help 
     the United States meet critical environmental, economic, and 
     national security goals.
       (c) Carbon Dioxide Capture Facilities.--
       (1) In general.--Section 142 of the Internal Revenue Code 
     of 1986 is amended--
       (A) in subsection (a)--
       (i) in paragraph (14), by striking ``or'' at the end,
       (ii) in paragraph (15), by striking the period at the end 
     and inserting ``, or'', and
       (iii) by adding at the end the following new paragraph:
       ``(16) qualified carbon dioxide capture facilities.'', and
       (B) by adding at the end the following new subsection:
       ``(n) Qualified Carbon Dioxide Capture Facility.--
       ``(1) In general.--For purposes of subsection (a)(16), the 
     term `qualified carbon dioxide capture facility' means the 
     eligible components of an industrial carbon dioxide facility.
       ``(2) Definitions.--In this subsection:
       ``(A) Eligible component.--
       ``(i) In general.--The term `eligible component' means any 
     equipment installed in an industrial carbon dioxide facility 
     that satisfies the requirements under paragraph (3) and is--

       ``(I) used for the purpose of capture, treatment and 
     purification, compression, transportation, or on-site storage 
     of carbon dioxide produced by the industrial carbon dioxide 
     facility, or
       ``(II) integral or functionally related and subordinate to 
     a process described in section 48B(c)(2), determined by 
     substituting `carbon dioxide' for `carbon monoxide' in such 
     section.

       ``(B) Industrial carbon dioxide facility.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `industrial carbon dioxide facility' means a facility 
     that emits carbon dioxide (including from any fugitive 
     emissions source) that is created as a result of any of the 
     following processes:

       ``(I) Fuel combustion.
       ``(II) Gasification.
       ``(III) Bioindustrial.
       ``(IV) Fermentation.
       ``(V) Any manufacturing industry described in section 
     48B(c)(7).

       ``(ii) Exceptions.--For purposes of clause (i), an 
     industrial carbon dioxide facility shall not include--

       ``(I) any geological gas facility (as defined in clause 
     (iii)), or
       ``(II) any air separation unit that--

       ``(aa) does not qualify as gasification equipment, or
       ``(bb) is not a necessary component of an oxy-fuel 
     combustion process.
       ``(iii) Geological gas facility.--The term `geological gas 
     facility' means a facility that--

       ``(I) produces a raw product consisting of gas or mixed gas 
     and liquid from a geological formation,
       ``(II) transports or removes impurities from such product, 
     or
       ``(III) separates such product into its constituent parts.

       ``(3) Capture and storage requirement.--
       ``(A) In general.--Subject to subparagraph (B), the 
     eligible components of an industrial carbon dioxide facility 
     shall have a capture and storage percentage (as determined 
     under subparagraph (C)) that is equal to or greater than 65 
     percent.
       ``(B) Exception.--In the case of an industrial carbon 
     dioxide facility with a capture and storage percentage that 
     is less than 65 percent, the percentage of the cost of the 
     eligible components installed in such facility that may be 
     financed with tax-exempt bonds may not be greater than the 
     capture and storage percentage.
       ``(C) Capture and storage percentage.--
       ``(i) In general.--Subject to clause (ii), the capture and 
     storage percentage shall be an amount, expressed as a 
     percentage, equal to the quotient of--

       ``(I) the total metric tons of carbon dioxide annually 
     captured, transported, and injected into--

       ``(aa) a facility for geologic storage, or
       ``(bb) an enhanced oil or gas recovery well followed by 
     geologic storage, divided by

       ``(II) the total metric tons of carbon dioxide which would 
     otherwise be released into the atmosphere each year as 
     industrial emission of greenhouse gas if the eligible 
     components were not installed in the industrial carbon 
     dioxide facility.

       ``(ii) Limited application of eligible components.--In the 
     case of eligible components that are designed to capture 
     carbon dioxide solely from specific sources of emissions or 
     portions thereof within an industrial carbon dioxide 
     facility, the capture and storage percentage under this 
     subparagraph shall be determined based only on such specific 
     sources of emissions or portions thereof.''.
       (2) Volume cap.--Section 146(g)(4) of such Code is amended 
     by striking ``paragraph (11) of section 142(a) (relating to 
     high-speed intercity rail facilities)'' and inserting 
     ``paragraph (11) or (16) of section 142(a)''.
       (3) Clarification of private business use.--Section 
     141(b)(6) of such Code is amended by adding at the end the 
     following new subparagraph:
       ``(C) Clarification relating to qualified carbon dioxide 
     capture facilities.--For purposes of this subsection, the 
     sale of carbon dioxide produced by a qualified carbon

[[Page S269]]

     dioxide capture facility (as defined in section 142(n)) which 
     is owned by a governmental unit shall not constitute private 
     business use.''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to obligations issued after December 31, 2015.
                                 ______
                                 
  SA 2989. Mr. REED (for himself and Mr. Heller) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       Section 2301 is amended by adding at the end the following:
       (f) Use of Funds.--To the maximum extent practicable, in 
     carrying out this section, the Secretary shall ensure that 
     the use of funds to carry out this section is coordinated 
     among different offices within the Grid Modernization 
     Initiative of the Department and other programs conducting 
     energy storage research.
                                 ______
                                 
  SA 2990. Mr. REED (for himself and Mr. Cardin) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

                        TITLE VI--MISCELLANEOUS

     SEC. 6001. SEC INDUSTRY GUIDES.

       (a) Definition.--In this section, the term ``Commission'' 
     means the Securities and Exchange Commission.
       (b) Updates to Industry Guides.--Not later than 180 days 
     after the date of enactment of this Act, the Commission 
     shall--
       (1) update--
       (A) the industry guides described in subsections (d) and 
     (g) of section 229.801 of title 17, Code of Federal 
     Regulations and section 229.802(g) of title 17, Code of 
     Federal Regulations; and
       (B) subpart 229.1200 of title 17, Code of Federal 
     Regulations; and
       (2) in making the updates required under paragraph (1), 
     consider and incorporate appropriate recommendations made in 
     the report entitled ``Climate Strategies and Metrics: 
     Exploring Options for Institutional Investors'', published in 
     2015 by the 2 Degrees Investing Initiative, the World 
     Resources Institute, and the United Nations Environment 
     Programme Finance Initiative.
       (c) Enforcement.--If the Commission fails to meet the 
     deadline under subsection (b), the Chairman of the Commission 
     shall provide a report to and testify before the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives explaining why the Commission failed to meet 
     the deadline.
                                 ______
                                 
  SA 2991. Ms. MURKOWSKI (for Mr. Inhofe (for himself, Mr. Markey, and 
Mr. Booker)) submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                 TITLE __--BROWNFIELDS REAUTHORIZATION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Brownfields Utilization, 
     Investment, and Local Development Act of 2016'' or the 
     ``BUILD Act''.

     SEC. __02. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.

       Section 104(k)(1) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(k)(1)) is amended--
       (1) in subparagraph (G), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (H), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(I) an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from taxation under 
     section 501(a) of that Code;
       ``(J) a limited liability corporation in which all managing 
     members are organizations described in subparagraph (I) or 
     limited liability corporations whose sole members are 
     organizations described in subparagraph (I);
       ``(K) a limited partnership in which all general partners 
     are organizations described in subparagraph (I) or limited 
     liability corporations whose sole members are organizations 
     described in subparagraph (I); or
       ``(L) a qualified community development entity (as defined 
     in section 45D(c)(1) of the Internal Revenue Code of 
     1986).''.

     SEC. __03. MULTIPURPOSE BROWNFIELDS GRANTS.

       Section 104(k) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) 
     is amended--
       (1) by redesignating paragraphs (4) through (9) and (10) 
     through (12) as paragraphs (5) through (10) and (13) through 
     (15), respectively;
       (2) in paragraph (3)(A), by striking ``subject to 
     paragraphs (4) and (5)'' and inserting ``subject to 
     paragraphs (5) and (6)''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Multipurpose brownfields grants.--
       ``(A) In general.--Subject to subparagraph (D) and 
     paragraphs (5) and (6), the Administrator shall establish a 
     program to provide multipurpose grants to an eligible entity 
     based on the considerations under paragraph (3)(C), to carry 
     out inventory, characterization, assessment, planning, or 
     remediation activities at 1 or more brownfield sites in a 
     proposed area.
       ``(B) Grant amounts.--
       ``(i) Individual grant amounts.--Each grant awarded under 
     this paragraph shall not exceed $950,000.
       ``(ii) Cumulative grant amounts.--The total amount of 
     grants awarded for each fiscal year under this paragraph 
     shall not exceed 15 percent of the funds made available for 
     the fiscal year to carry out this subsection.
       ``(C) Criteria.--In awarding a grant under this paragraph, 
     the Administrator shall consider the extent to which an 
     eligible entity is able--
       ``(i) to provide an overall plan for revitalization of the 
     1 or more brownfield sites in the proposed area in which the 
     multipurpose grant will be used;
       ``(ii) to demonstrate a capacity to conduct the range of 
     eligible activities that will be funded by the multipurpose 
     grant; and
       ``(iii) to demonstrate that a multipurpose grant will meet 
     the needs of the 1 or more brownfield sites in the proposed 
     area.
       ``(D) Condition.--As a condition of receiving a grant under 
     this paragraph, each eligible entity shall expend the full 
     amount of the grant not later than the date that is 3 years 
     after the date on which the grant is awarded to the eligible 
     entity unless the Administrator, in the discretion of the 
     Administrator, provides an extension.''.

     SEC. __04. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD 
                   SITES.

       Section 104(k)(2) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(k)(2)) is amended by adding at the end the following:
       ``(C) Exemption for certain publicly owned brownfield 
     sites.--Notwithstanding any other provision of law, an 
     eligible entity that is a governmental entity may receive a 
     grant under this paragraph for property acquired by that 
     governmental entity prior to January 11, 2002, even if the 
     governmental entity does not qualify as a bona fide 
     prospective purchaser (as that term is defined in section 
     101(40)), so long as the eligible entity has not caused or 
     contributed to a release or threatened release of a hazardous 
     substance at the property.''.

     SEC. __05. INCREASED FUNDING FOR REMEDIATION GRANTS.

       Section 104(k)(3)(A)(ii) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each 
     site to be remediated'' and inserting ``$500,000 for each 
     site to be remediated, which limit may be waived by the 
     Administrator, but not to exceed a total of $650,000 for each 
     site, based on the anticipated level of contamination, size, 
     or ownership status of the site''.

     SEC. __06. ALLOWING ADMINISTRATIVE COSTS FOR GRANT 
                   RECIPIENTS.

       Paragraph (5) of section 104(k) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is 
     amended--
       (1) in subparagraph (B)--
       (A) in clause (i)--
       (i) by striking subclause (III); and
       (ii) by redesignating subclauses (IV) and (V) as subclauses 
     (III) and (IV), respectively;
       (B) by striking clause (ii);
       (C) by redesignating clause (iii) as clause (ii); and
       (D) in clause (ii) (as redesignated by subparagraph (C)), 
     by striking ``Notwithstanding clause (i)(IV)'' and inserting 
     ``Notwithstanding clause (i)(III)''; and
       (2) by adding at the end the following:
       ``(E) Administrative costs.--
       ``(i) In general.--An eligible entity may use up to 8 
     percent of the amounts made available under a grant or loan 
     under this subsection for administrative costs.
       ``(ii) Restriction.--For purposes of clause (i), the term 
     `administrative costs' does not include--

       ``(I) investigation and identification of the extent of 
     contamination;
       ``(II) design and performance of a response action; or
       ``(III) monitoring of a natural resource.''.

     SEC. __07. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.

       Paragraph (7)(A) of section 104(k) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9604(k)) (as redesignated by section __03(1)) 
     is amended--
       (1) by striking ``The Administrator may provide,'' and 
     inserting the following:
       ``(i) Definitions.--In this subparagraph:

       ``(I) Disadvantaged area.--The term `disadvantaged area' 
     means an area with an annual median household income that is 
     less than 80 percent of the State-wide annual median 
     household income, as determined by the latest available 
     decennial census.

[[Page S270]]

       ``(II) Small community.--The term `small community' means a 
     community with a population of not more than 15,000 
     individuals, as determined by the latest available decennial 
     census.

       ``(ii) Establishment of program.--The Administrator shall 
     establish a program to provide grants that provide,''; and
       (2) by adding at the end the following:
       ``(iii) Small or disadvantaged community recipients.--

       ``(I) In general.--Subject to subclause (II), in carrying 
     out the program under clause (ii), the Administrator shall 
     use not more than $600,000 of the amounts made available to 
     carry out this paragraph to provide grants to States that 
     receive amounts under section 128(a) to assist small 
     communities, Indian tribes, rural areas, or disadvantaged 
     areas in achieving the purposes described in clause (ii).
       ``(II) Limitation.--Each grant awarded under subclause (I) 
     shall be not more than $7,500.''.

     SEC. __08. WATERFRONT BROWNFIELDS GRANTS.

       Section 104(k) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) 
     is amended by inserting after paragraph (10) (as redesignated 
     by section __03(1)) the following:
       ``(11) Waterfront brownfield sites.--
       ``(A) Definition of waterfront brownfield site.--In this 
     paragraph, the term `waterfront brownfield site' means a 
     brownfield site that is adjacent to a body of water or a 
     federally designated floodplain.
       ``(B) Requirements.--In providing grants under this 
     subsection, the Administrator shall--
       ``(i) take into consideration whether the brownfield site 
     to be served by the grant is a waterfront brownfield site; 
     and
       ``(ii) give consideration to waterfront brownfield 
     sites.''.

     SEC. __09. CLEAN ENERGY BROWNFIELDS GRANTS.

       Section 104(k) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) 
     (as amended by section __08) is amended by inserting after 
     paragraph (11) the following:
       ``(12) Clean energy projects at brownfield sites.--
       ``(A) Definition of clean energy project.--In this 
     paragraph, the term `clean energy project' means--
       ``(i) a facility that generates renewable electricity from 
     wind, solar, or geothermal energy; and
       ``(ii) any energy efficiency improvement project at a 
     facility, including combined heat and power and district 
     energy.
       ``(B) Establishment.--The Administrator shall establish a 
     program to provide grants--
       ``(i) to eligible entities to carry out inventory, 
     characterization, assessment, planning, feasibility analysis, 
     design, or remediation activities to locate a clean energy 
     project at 1 or more brownfield sites; and
       ``(ii) to capitalize a revolving loan fund for the purposes 
     described in clause (i).
       ``(C) Maximum amount.--A grant under this paragraph shall 
     not exceed $500,000.''.

     SEC. __10. TARGETED FUNDING FOR STATES.

       Paragraph (15) of section 104(k) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9604(k)) (as redesignated by section __03(1)) 
     is amended by adding at the end the following:
       ``(C) Targeted funding.--Of the amounts made available 
     under subparagraph (A) for a fiscal year, the Administrator 
     may use not more than $2,000,000 to provide grants to States 
     for purposes authorized under section 128(a), subject to the 
     condition that each State that receives a grant under this 
     subparagraph shall have used at least 50 percent of the 
     amounts made available to that State in the previous fiscal 
     year to carry out assessment and remediation activities under 
     section 128(a).''.

     SEC. __11. AUTHORIZATION OF APPROPRIATIONS.

       (a) Brownfields Revitalization Funding.--Paragraph (15)(A) 
     of section 104(k) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604(k)) (as redesignated by section __03(1)) is amended by 
     striking ``2006'' and inserting ``2018''.
       (b) State Response Programs.--Section 128(a)(3) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by 
     striking ``2006'' and inserting ``2018''.
                                 ______
                                 
  SA 2992. Mr. CRAPO (for himself, Mr. Whitehouse, Mr. Risch, Mr. 
Booker, Mr. Hatch, Mr. Kirk, and Mr. Durbin) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike section 3501 and insert the following:

     SEC. 3501. NUCLEAR ENERGY INNOVATION CAPABILITIES.

       (a) Definitions.--In this section:
       (1) Advanced fission reactor.--The term ``advanced fission 
     reactor'' means a nuclear fission reactor with significant 
     improvements over the most recent generation of nuclear 
     reactors, including improvements such as--
       (A) inherent safety features;
       (B) lower waste yields;
       (C) greater fuel utilization;
       (D) superior reliability;
       (E) resistance to proliferation;
       (F) increased thermal efficiency; and
       (G) ability to integrate into electric and nonelectric 
     applications.
       (2) Fast neutron.--The term ``fast neutron'' means a 
     neutron with kinetic energy above 100 kiloelectron volts.
       (3) National laboratory.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``National Laboratory'' has the meaning given the 
     term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801).
       (B) Limitation.--With respect to the Lawrence Livermore 
     National Laboratory, the Los Alamos National Laboratory, and 
     the Sandia National Laboratories, the term ``National 
     Laboratory'' means only the civilian activities of the 
     laboratory.
       (4) Neutron flux.--The term ``neutron flux'' means the 
     intensity of neutron radiation measured as a rate of flow of 
     neutrons applied over an area.
       (5) Neutron source.--The term ``neutron source'' means a 
     research machine that provides neutron irradiation services 
     for--
       (A) research on materials sciences and nuclear physics; and
       (B) testing of advanced materials, nuclear fuels, and other 
     related components for reactor systems.
       (b) Mission.--Section 951 of the Energy Policy Act of 2005 
     (42 U.S.C. 16271) is amended by striking subsection (a) and 
     inserting the following:
       ``(a) In General.--The Secretary shall conduct programs of 
     civilian nuclear research, development, demonstration, and 
     commercial application, including activities described in 
     this subtitle, that take into consideration the following 
     objectives:
       ``(1) Providing research infrastructure--
       ``(A) to promote scientific progress; and
       ``(B) to enable users from academia, the National 
     Laboratories, and the private sector to make scientific 
     discoveries relevant for nuclear, chemical, and materials 
     science engineering.
       ``(2) Maintaining nuclear energy research and development 
     programs at the National Laboratories and institutions of 
     higher education, including programs of infrastructure of 
     National Laboratories and institutions of higher education.
       ``(3) Providing the technical means to reduce the 
     likelihood of nuclear weapons proliferation.
       ``(4) Ensuring public safety.
       ``(5) Reducing the environmental impact of nuclear energy-
     related activities.
       ``(6) Supporting technology transfer from the National 
     Laboratories to the private sector.
       ``(7) Enabling the private sector to partner with the 
     National Laboratories to demonstrate novel reactor concepts 
     for the purpose of resolving technical uncertainty associated 
     with the objectives described in this subsection.''.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) nuclear energy, through fission or fusion, represents 
     the highest energy density of any known attainable source and 
     yields low air emissions;
       (2) nuclear energy is of national importance to scientific 
     progress, national security, electricity generation, heat 
     generation for industrial applications, and space 
     exploration; and
       (3) considering the inherent complexity and regulatory 
     burden associated with nuclear energy, the Department should 
     focus civilian nuclear research and development activities of 
     the Department on programs that enable the private sector, 
     National Laboratories, and institutions of higher education 
     to carry out experiments to promote scientific progress and 
     enhance practical knowledge of nuclear engineering.
       (d) High-performance Computation and Supportive Research.--
       (1) Modeling and simulation program.--
       (A) In general.--The Secretary shall carry out a program to 
     enhance the capabilities of the United States to develop new 
     reactor technologies and related systems technologies through 
     high-performance computation modeling and simulation 
     techniques (referred to in this paragraph as the 
     ``program'').
       (B) Coordination required.--In carrying out the program, 
     the Secretary shall coordinate with relevant Federal agencies 
     through the National Strategic Computing Initiative 
     established by Executive Order 13702 (80 Fed. Reg. 46177) 
     (July 29, 2015).
       (C) Objectives.--In carrying out the program, the Secretary 
     shall take into consideration the following objectives:
       (i) Using expertise from the private sector, institutions 
     of higher education, and National Laboratories to develop 
     computational software and capabilities that prospective 
     users may access to accelerate research and development of 
     advanced fission reactor systems, nuclear fusion systems, and 
     reactor systems for space exploration.
       (ii) Developing computational tools to simulate and predict 
     nuclear phenomena that may be validated through physical 
     experimentation.

[[Page S271]]

       (iii) Increasing the utility of the research infrastructure 
     of the Department by coordinating with the Advanced 
     Scientific Computing Research program of the Office of 
     Science.
       (iv) Leveraging experience from the Energy Innovation Hub 
     for Modeling and Simulation.
       (v) Ensuring that new experimental and computational tools 
     are accessible to relevant research communities, including 
     private companies engaged in nuclear energy technology 
     development.
       (2) Supportive research activities.--The Secretary shall 
     consider support for additional research activities to 
     maximize the utility of the research facilities of the 
     Department, including research--
       (A) on physical processes to simulate degradation of 
     materials and behavior of fuel forms; and
       (B) for validation of computational tools.
       (e) Versatile Neutron Source.--
       (1) Determination of mission need.--
       (A) In general.--Not later than December 31, 2016, the 
     Secretary shall determine the mission need for a versatile 
     reactor-based fast neutron source, which shall operate as a 
     national user facility (referred to in this subsection as the 
     ``user facility'').
       (B) Consultation required.--In carrying out subparagraph 
     (A), the Secretary shall consult with the private sector, 
     institutions of higher education, the National Laboratories, 
     and relevant Federal agencies to ensure that the user 
     facility will meet the research needs of the largest possible 
     majority of prospective users.
       (2) Plan for establishment.--On the determination of the 
     mission need under paragraph (1), the Secretary, as 
     expeditiously as practicable, shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Science, Space, and Technology of the House of 
     Representatives a detailed plan for the establishment of the 
     user facility (referred to in this section as the ``plan'').
       (3) Deadline for establishment.--The Secretary shall make 
     every effort to complete construction of, and approve the 
     start of operations for, the user facility by December 31, 
     2025.
       (4) Facility requirements.--
       (A) Capabilities.--The Secretary shall ensure that the user 
     facility shall provide, at a minimum--
       (i) fast neutron spectrum irradiation capability; and
       (ii) capacity for upgrades to accommodate new or expanded 
     research needs.
       (B) Considerations.--In carrying out the plan, the 
     Secretary shall consider--
       (i) capabilities that support experimental high-temperature 
     testing;
       (ii) providing a source of fast neutrons--

       (I) at a neutron flux that is higher than the neutron flux 
     at which research facilities operate before establishment of 
     the user facility; and
       (II) sufficient to enable research for an optimal base of 
     prospective users;

       (iii) maximizing irradiation flexibility and irradiation 
     volume to accommodate as many concurrent users as possible;
       (iv) capabilities for irradiation with neutrons of a lower 
     energy spectrum;
       (v) multiple loops for fuels and materials testing in 
     different coolants; and
       (vi) additional pre-irradiation and post-irradiation 
     examination capabilities.
       (5) Coordination.--In carrying out this subsection, the 
     Secretary shall leverage the best practices of the Office of 
     Science for the management, construction, and operation of 
     national user facilities.
       (6) Report.--The Secretary shall include in the annual 
     budget request of the Department an explanation for any delay 
     in carrying out this subsection.
       (f) Enabling Nuclear Energy Innovation.--
       (1) Establishment of national nuclear innovation center.--
     The Secretary may enter into a memorandum of understanding 
     with the Chairman of the Nuclear Regulatory Commission to 
     establish a center to be known as the ``National Nuclear 
     Innovation Center'' (referred to in this subsection as the 
     ``Center'')--
       (A) to enable the testing and demonstration of reactor 
     concepts to be proposed and funded, in whole or in part, by 
     the private sector;
       (B) to establish and operate a database to store and share 
     data and knowledge on nuclear science between Federal 
     agencies and private industry; and
       (C) to establish capabilities to develop and test reactor 
     electric and nonelectric integration and energy conversion 
     systems.
       (2) Role of nrc.--In operating the Center, the Secretary 
     shall--
       (A) consult with the Nuclear Regulatory Commission on 
     safety issues; and
       (B) permit staff of the Nuclear Regulatory Commission to 
     actively observe and learn about the technology being 
     developed at the Center.
       (3) Objectives.--A reactor developed under paragraph (1)(A) 
     shall have the following objectives:
       (A) Enabling physical validation of fusion and advanced 
     fission experimental reactors at the National Laboratories or 
     other facilities of the Department.
       (B) Resolving technical uncertainty and increase practical 
     knowledge relevant to safety, resilience, security, and 
     functionality of novel reactor concepts.
       (C) Conducting general research and development to improve 
     novel reactor technologies.
       (4) Use of technical expertise.--In operating the Center, 
     the Secretary shall leverage the technical expertise of 
     relevant Federal agencies and National Laboratories--
       (A) to minimize the time required to carry out paragraph 
     (3); and
       (B) to ensure reasonable safety for individuals working at 
     the National Laboratories or other facilities of the 
     Department to carry out that paragraph.
       (5) Reporting requirement.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the National Laboratories, relevant Federal agencies, and 
     other stakeholders, shall submit to the Committee on Energy 
     and Natural Resources and the Committee on Environment and 
     Public Works of the Senate and the Committee on Science, 
     Space, and Technology and the Committee on Energy and 
     Commerce of the House of Representatives a report assessing 
     the capabilities of the Department to authorize, host, and 
     oversee privately proposed and funded reactors (as described 
     in paragraph (1)(A)).
       (B) Contents.--The report shall address--
       (i) the safety review and oversight capabilities of the 
     Department, including options to leverage expertise from the 
     Nuclear Regulatory Commission and the National Laboratories;
       (ii) potential sites capable of hosting the activities 
     described in paragraph (1);
       (iii) the efficacy of the available contractual mechanisms 
     of the Department to partner with the private sector and 
     other Federal agencies, including cooperative research and 
     development agreements, strategic partnership projects, and 
     agreements for commercializing technology;
       (iv) how the Federal Government and the private sector will 
     address potential intellectual property concerns;
       (v) potential cost structures relating to physical 
     security, decommissioning, liability, and other long term 
     project costs; and
       (vi) other challenges or considerations identified by the 
     Secretary.
       (g) Budget Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Science, Space, and Technology of the House 
     of Representatives 3 alternative 10-year budget plans for 
     civilian nuclear energy research and development by the 
     Department in accordance with paragraph (2).
       (2) Description of plans.--
       (A) In general.--The 3 alternative 10-year budget plans 
     submitted under paragraph (1) shall be the following:
       (i) A plan that assumes constant annual funding at the 
     level of appropriations for fiscal year 2016 for the civilian 
     nuclear energy research and development of the Department, 
     particularly for programs critical to advanced nuclear 
     projects and development.
       (ii) A plan that assumes 2 percent annual increases to the 
     level of appropriations described in clause (i).
       (iii) A plan that uses an unconstrained budget.
       (B) Inclusions.--Each plan shall include--
       (i) a prioritized list of the programs, projects, and 
     activities of the Department that best support the 
     development, licensing, and deployment of advanced nuclear 
     energy technologies;
       (ii) realistic budget requirements for the Department to 
     carry out subsections (d), (e), and (f); and
       (iii) the justification of the Department for continuing or 
     terminating existing civilian nuclear energy research and 
     development programs.
       (h) Nuclear Regulatory Commission Report.--Not later than 
     December 31, 2016, the Chairman of the Nuclear Regulatory 
     Commission shall submit to the Committee on Energy and 
     Natural Resources and the Committee on Environment and Public 
     Works of the Senate and the Committee on Science, Space, and 
     Technology and the Committee on Energy and Commerce of the 
     House of Representatives a report describing--
       (1) the extent to which the Nuclear Regulatory Commission 
     is capable of licensing advanced reactor designs that are 
     developed pursuant to this section by the end of the 4-year 
     period beginning on the date on which an application is 
     received under part 50 or 52 of title 10, Code of Federal 
     Regulations (or successor regulations); and
       (2) any organizational or institutional barriers the 
     Nuclear Regulatory Commission will need to overcome to be 
     able to license the advanced reactor designs that are 
     developed pursuant to this section by the end of the 4-year 
     period described in paragraph (1).
                                 ______
                                 
  SA 2993. Mr. HELLER (for himself and Mr. Reed) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, 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 S272]]

  


     SEC. 23__. CONSIDERATION OF ENERGY STORAGE SYSTEMS.

       Section 111 of the Public Utility Regulatory Policies Act 
     of 1978 (16 U.S.C. 2621) is amended by adding at the end the 
     following:
       ``(20) Consideration of energy storage systems.--Each State 
     shall consider requiring that, prior to undertaking 
     investments in new generation, transmission, or other capital 
     investments, an electric utility of the State demonstrate to 
     the State that the electric utility considered an investment 
     in an energy storage system based on appropriate factors, 
     including--
       ``(A) total costs;
       ``(B) cost-effectiveness;
       ``(C) improved reliability;
       ``(D) security; and
       ``(E) system performance and efficiency.''.
                                 ______
                                 
  SA 2994. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 33__. PROHIBITION ON NEW FINANCIAL RESPONSIBILITY 
                   REQUIREMENTS BY THE ENVIRONMENTAL PROTECTION 
                   AGENCY.

       Notwithstanding any other provision of law, effective 
     beginning on the date of enactment of this Act, the 
     Administrator of the Environmental Protection Agency may not 
     develop, propose, finalize, implement, enforce, or administer 
     any regulation that would establish a new financial 
     responsibility requirement pursuant to section 108(b) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9608(b)) or any other 
     applicable provision of law.
                                 ______
                                 
  SA 2995. Mr. HELLER (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. INTERIM ASSESSMENT OF REGULATORY REQUIREMENTS AND 
                   APPLICABLE PENALTIES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall ensure that the requirements 
     described in subsection (b) are satisfied.
       (b) Requirements.--The Administrator shall satisfy--
       (1) section 4 of Executive Order 12866 (5 U.S.C. 601 note; 
     relating to regulatory planning and review) and Executive 
     Order 13563 (5 U.S.C. 601 note; relating to improving 
     regulation and regulatory review) (or any successor Executive 
     order establishing requirements applicable to the uniform 
     reporting of regulatory and deregulatory agendas);
       (2) section 602 of title 5, United States Code;
       (3) section 8 of Executive Order 13132 (5 U.S.C. 601 note; 
     relating to federalism); and
       (4) section 202(a) of the Unfunded Mandates Reform Act of 
     1995 (2 U.S.C. 1532(a)).
                                 ______
                                 
  SA 2996. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING 
                   RULE.

       (a) Definitions.--In this section--
       (1) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code;
       (2) the term ``covered rule'' means a rule of an agency 
     that causes a new financial or administrative burden on 
     businesses in the United States or on the people of the 
     United States, as determined by the head of the agency;
       (3) the term ``rule''--
       (A) has the meaning given the term in section 551 of title 
     5, United States Code; and
       (B) includes--
       (i) any rule issued by an agency pursuant to an Executive 
     Order or Presidential memorandum; and
       (ii) any rule issued by an agency due to the issuance of a 
     memorandum, guidance document, bulletin, or press release 
     issued by an agency; and
       (4) the term ``Unified Agenda'' means the Unified Agenda of 
     Federal Regulatory and Deregulatory Actions.
       (b) Prohibition on Issuance of Certain Rules.--
       (1) In general.--An agency may not--
       (A) issue a covered rule that does not amend or modify an 
     existing rule of the agency, unless--
       (i) the agency has repealed 1 or more existing covered 
     rules of the agency; and
       (ii) the cost of the covered rule to be issued is less than 
     or equal to the cost of the covered rules repealed under 
     clause (i), as determined and certified by the head of the 
     agency; or
       (B) issue a covered rule that amends or modifies an 
     existing rule of the agency, unless--
       (i) the agency has repealed or amended 1 or more existing 
     covered rules of the agency; and
       (ii) the cost of the covered rule to be issued is less than 
     or equal to the cost of the covered rules repealed or amended 
     under clause (i), as determined and certified by the head of 
     the agency.
       (2) Application.--Paragraph (1) shall not apply to the 
     issuance of a covered rule by an agency that--
       (A) relates to the internal policy or practice of the 
     agency or procurement by the agency; or
       (B) is being revised to be less burdensome to decrease 
     requirements imposed by the covered rule or the cost of 
     compliance with the covered rule.
       (c) Considerations for Repealing Rules.--In determining 
     whether to repeal a covered rule under subparagraph (A)(i) or 
     (B)(i) of subsection (b)(1), the head of the agency that 
     issued the covered rule shall consider--
       (1) whether the covered rule achieved, or has been 
     ineffective in achieving, the original purpose of the covered 
     rule;
       (2) any adverse effects that could materialize if the 
     covered rule is repealed, in particular if those adverse 
     effects are the reason the covered rule was originally 
     issued;
       (3) whether the costs of the covered rule outweigh any 
     benefits of the covered rule to the United States;
       (4) whether the covered rule has become obsolete due to 
     changes in technology, economic conditions, market practices, 
     or any other factors; and
       (5) whether the covered rule overlaps with a covered rule 
     to be issued by the agency.
       (d) Publication of Covered Rules in Unified Agenda.--
       (1) Requirements.--Each agency shall, on a semiannual 
     basis, submit jointly and without delay to the Office of 
     Information and Regulatory Affairs for publication in the 
     Unified Agenda a list containing--
       (A) each covered rule that the agency intends to issue 
     during the 6-month period following the date of submission;
       (B) each covered rule that the agency intends to repeal or 
     amend in accordance with subsection (b) during the 6-month 
     period following the date of submission; and
       (C) the cost of each covered rule described in 
     subparagraphs (A) and (B).
       (2) Prohibition.--An agency may not issue a covered rule 
     unless the agency complies with the requirements under 
     paragraph (1).
                                 ______
                                 
  SA 2997. Mr. WYDEN (for himself and Mr. Booker) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of section 1021, add the following:
       (d) Internet of Things.--
       (1) Definition of internet of things.--In this subsection, 
     the term ``Internet of Things'' means a set of technologies 
     (including endpoint devices such as cars, machinery or 
     household appliances) that--
       (A) connect to the Internet; and
       (B) provide real-time and actionable analytics and 
     predictive maintenance.
       (2) Impact of internet of things technology.--The report 
     required under this section shall--
       (A) analyze--
       (i) the impact of Internet of Things technology on energy 
     and water systems; and
       (ii) the return on investment of installing Internet of 
     Things technology solutions to increase water and energy 
     efficiency, improve water quality, and support demand 
     response and the flexibility and reliability of the 
     electricity grid; and
       (B) identify--
       (i) ways in which to enable actionable analytics and 
     predictive maintenance to improve the long-term viability of 
     building systems and equipment; and
       (ii) Internet of Things technology solutions that, through 
     features embedded in hardware and software from the outset--

       (I) are easily scalable; and
       (II) promote security, privacy, interoperability, and open 
     standards.

                                 ______
                                 
  SA 2998. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 43___. EFFICIENT CHARACTERIZATION AND VALUATION OF NEW 
                   GRID SERVICES AND TECHNOLOGIES.

       The Secretary shall--
       (1) evaluate the ability of distinct grid components to 
     provide grid services and options for increasing the 
     viability of grid

[[Page S273]]

     components to provide grid services, with the goal of 
     allowing market operators and regulators to have a more 
     complete understanding of the range of technologies and 
     strategies that can provide grid services;
       (2) convene and work with stakeholders to--
       (A)(i) define the characteristics of a reliable, 
     affordable, and environmentally sustainable electricity 
     system; and
       (ii) create approaches for valuing the defined 
     characteristics;
       (B) develop a framework for identifying attributes of 
     services provided to the grid by electricity system 
     components; and
       (C) develop approaches for incorporating the valuation of 
     grid service attributes in different regulatory contexts; and
       (3) not later than January 1, 2018, submit to the 
     appropriate committees of Congress a report that describes 
     the findings of the Secretary with respect to the issues 
     evaluated under paragraphs (1) and (2).
                                 ______
                                 
  SA 2999. Mr. WYDEN (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY 
                   SELF-DETERMINATION PROGRAM.

       (a) Secure Payments for States and Counties Containing 
     Federal Land.--
       (1) Definitions.--Section 3(11) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (16 U.S.C. 7102) 
     is amended--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C)--
       (i) by striking ``fiscal year 2012 and each fiscal year 
     thereafter'' and inserting ``each of fiscal years 2012 
     through 2015''; and
       (ii) by striking ``year.'' and inserting ``year; and''; and
       (C) by adding at the end the following:
       ``(D) for each of fiscal years 2016 through 2025, the 
     amount that is equal to the full funding amount for fiscal 
     year 2011.''.
       (2) Calculation of payments.--Section 101 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7111) is amended by striking ``2015'' each place 
     it appears and inserting ``2025''.
       (3) Elections.--Section 102(b) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (16 U.S.C. 
     7112(b)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``August 1, 2013 (or 
     as soon thereafter as the Secretary concerned determines is 
     practicable), and August 1 of each second fiscal year 
     thereafter'' and inserting ``August 1 of each fiscal year (or 
     a later date specified by the Secretary concerned for the 
     fiscal year)''; and
       (ii) by adding at the end the following:
       ``(D) Payment for fiscal years 2016 through 2025.--A county 
     election otherwise required by subparagraph (A) shall not 
     apply for fiscal years 2016 through 2025 if the county elects 
     to receive a share of the State payment or the county payment 
     in 2013.''; and
       (B) in paragraph (2)(B)--
       (i) by inserting ``or any subsequent year'' after ``2013''; 
     and
       (ii) by striking ``2015'' and inserting ``2025''.
       (4) Election as to use of balance.--Section 102(d)(1) of 
     the Secure Rural Schools and Community Self Determination Act 
     of 2000 (16 U.S.C. 7112(d)(1)) is amended--
       (A) in subparagraph (B)(ii), by striking ``not more than 7 
     percent of the total share for the eligible county of the 
     State payment or the county payment'' and inserting ``any 
     portion of the balance''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Counties with major distributions.--In the case of 
     each eligible county to which $350,000 or more is distributed 
     for any fiscal year pursuant to either or both of paragraphs 
     (1)(B) and (2)(B) of subsection (a), the eligible county 
     shall elect to do 1 or more of the following with the balance 
     of any funds not expended pursuant to subparagraph (A):
       ``(i) Reserve any portion of the balance for projects in 
     accordance with title II.
       ``(ii) Reserve not more than 7 percent of the total share 
     for the eligible county of the State payment or the county 
     payment for projects in accordance with title III.
       ``(iii) Return to the Treasury of the United States the 
     portion of the balance not reserved under clauses (i) and 
     (ii).''.
       (5) Failure to elect.--Section 102(d)(3)(B)(ii) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking 
     ``purpose described in section 202(b)'' and inserting 
     ``purposes described in section 202(b), section 203(c), or 
     section 204(a)(5)''.
       (6) Distribution of payments to eligible counties.--Section 
     103(d)(2) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended 
     by striking ``2015'' and inserting ``2025''.
       (b) Continuation of Authority To Conduct Special Projects 
     on Federal Land.--
       (1) Pilot program.--Section 204(e) of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7124(e)) is amended by striking paragraph (3).
       (2) Availability of project funds.--Section 207(d)(2) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (B)(i)''.
       (3) Termination of authority.--Section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) is amended--
       (A) in subsection (a), by striking ``2017'' and inserting 
     ``2027''; and
       (B) in subsection (b), by striking ``2018'' and inserting 
     ``2028''.
       (c) Continuation of Authority To Use County Funds.--
       (1) Funding for search and rescue.--Section 302(a) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7142(a)) is amended--
       (A) by striking paragraph (2) and inserting the following:
       ``(2) to reimburse the participating county or sheriff for 
     amounts paid for by the participating county or sheriff, as 
     applicable, for--
       ``(A) search and rescue and other emergency services, 
     including firefighting and law enforcement patrols, that are 
     performed on Federal land; and
       ``(B) emergency response vehicles or aircraft but only in 
     the amount attributable to the use of the vehicles or 
     aircraft to provide the services described in subparagraph 
     (A);'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) to cover training costs and equipment purchases 
     directly related to the emergency services described in 
     paragraph (2); and''.
       (2) Termination of authority.--Section 304 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7144) is amended--
       (A) in subsection (a), by striking ``2017'' and inserting 
     ``2027''; and
       (B) in subsection (b), by striking ``2018'' and inserting 
     ``2028''.
       (d) No Reduction in Payment.--Title IV of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7151 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 404. NO REDUCTION IN PAYMENTS.

       ``Payments under this Act for fiscal year 2016 and each 
     fiscal year thereafter shall be exempt from direct spending 
     reductions under section 251A of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 901a).''.
       (e) Availability of Funds.--
       (1) Title ii funds.--Any funds that were not obligated by 
     September 30, 2014, as required by section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) (as in effect on the day before the date of 
     enactment of the Medicare Access and CHIP Reauthorization Act 
     of 2015 (Public Law 114-10; 129 Stat. 87)) shall be available 
     for use in accordance with title II of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7121 et seq.).
       (2) Title iii funds.--Any funds that were not obligated by 
     September 30, 2014, as required by section 304 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7144) (as in effect on the day before the date of 
     enactment of the Medicare Access and CHIP Reauthorization Act 
     of 2015 (Public Law 114-10; 129 Stat. 87)) shall be available 
     for use in accordance with title III of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7141 et seq.).

     SEC. ____. RESTORING MANDATORY FUNDING STATUS TO THE PAYMENT 
                   IN LIEU OF TAXES PROGRAM.

       Section 6906 of title 31, United States Code, is amended in 
     the matter preceding paragraph (1), by striking ``of fiscal 
     years 2008 through 2014'' and inserting ``fiscal year''.
       In section 5002, add at the end the following:
       (e) Full Funding of Land and Water Conservation Fund.--
       (1) In general.--Section 200303 of title 54, United States 
     Code, is amended to read as follows:

     ``Sec. 200303. Availability of funds

       ``(a) In General.--Amounts deposited in the Fund under 
     section 200302 shall be made available for expenditure, 
     without further appropriation or fiscal year limitation, to 
     carry out the purposes of the Fund (including accounts and 
     programs made available from the Fund under the Consolidated 
     and Further Continuing Appropriations Act, 2015 (Public Law 
     113-235; 128 Stat. 2130)).
       ``(b) Additional Amounts.--Amounts made available under 
     subsection (a) shall be in addition to amounts made available 
     to the Fund under section 105 of the Gulf of Mexico Energy 
     Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-
     432) or otherwise appropriated from the Fund.
       ``(c) Allocation Authority.--
       ``(1) Submission of cost estimates.--The President shall 
     submit to Congress detailed account, program, and project 
     allocations to be funded under subsection (a) as part of the 
     annual budget submission of the President.
       ``(2) Alternate allocation.--
       ``(A) In general.--Appropriations Acts may provide for 
     alternate allocation of amounts made available under 
     subsection (a), including allocations by account and program.
       ``(B) Allocation by president.--

[[Page S274]]

       ``(i) No alternate allocations.--If Congress has not 
     enacted legislation establishing alternate allocations by the 
     date that is 120 days after the date on which the applicable 
     fiscal year begins, amounts made available under subsection 
     (a) shall be allocated by the President.
       ``(ii) Insufficient alternate allocation.--If Congress 
     enacts legislation establishing alternate allocations for 
     amounts made available under subsection (a) that are less 
     than the full amount appropriated under that subsection, the 
     difference between the amount appropriated and the alternate 
     allocation shall be allocated by the President.
       ``(3) Annual report.--The President shall submit to 
     Congress an annual report that describes the final allocation 
     by account, program, and project of amounts made available 
     under subsection (a), including a description of the status 
     of obligations and expenditures.''.
       (2) Clerical amendment.--The table of sections for title 54 
     is amended by striking the item relating to section 200303 
     and inserting the following:

``200303. Availability of funds.''.
                                 ______
                                 
  SA 3000. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 220_. MARKET-DRIVEN REINSTATEMENT OF OIL EXPORT BAN.

       (a) Definitions.--In this section:
       (1) Average national price of gasoline.--The term ``average 
     national price of gasoline'' means the average of retail 
     regular gasoline prices in the United States, as calculated 
     (on a weekday basis) by, and published on the Internet 
     website of, the Energy Information Administration.
       (2) Gasoline index price.--The term ``gasoline index 
     price'' means the average of retail regular gasoline prices 
     in the United States, as calculated (on a monthly basis) by, 
     and published on the Internet website of, the Energy 
     Information Administration, during the 60-month period 
     preceding the date of the calculation.
       (b) Reinstatement of Oil Export Ban.--
       (1) In general.--Effective on the date on which the event 
     described in paragraph (2) occurs, subsections (a), (b), (c), 
     and (d) of section 101 of division O of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113), are repealed, 
     and the provisions of law amended or repealed by those 
     subsections are restored or revived as if those subsections 
     had not been enacted.
       (2) Event described.--The event referred to in paragraph 
     (1) is the date on which the average national price of 
     gasoline has been greater than the gasoline index price for 
     30 consecutive days.
       (c) Presidential Authority.--Notwithstanding subsection 
     (b), the President may affirmatively allow the export of 
     crude oil from the United States to continue for a period of 
     not more than 1 year after the date of the reinstatement 
     described in subsection (b), if the President--
       (1) declares a national emergency and formally notices the 
     declaration of a national emergency in the Federal Register; 
     or
       (2) finds and reports to Congress that a ban on the export 
     of crude oil pursuant to this section has caused undue 
     economic hardship.
       (d) Effective Date.--This section takes effect on the date 
     that is 5 years after the date of enactment of the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113).
                                 ______
                                 
  SA 3001. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       In section 3005(2), insert ``, through a program conducted 
     in collaboration with industry, including cost-shared 
     exploration drilling'' after ``available technologies''.
                                 ______
                                 
  SA 3002. Mr. WYDEN (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 3017 (relating to bio-power) and insert the 
     following:

     SEC. 3017. BIO-POWER.

       (a) Definitions.--In this section:
       (1) Bio-power.--The term ``bio-power'' means the use of 
     woody biomass to generate electricity.
       (2) Secretaries.--The term ``Secretaries'' means the 
     Secretary and the Secretary of Agriculture, acting jointly.
       (3) Woody biomass thermal.--The term ``woody biomass 
     thermal'' means the use of woody biomass--
       (A) to generate heat; or
       (B) for cooling purposes.
       (b) Woody Biomass Thermal and Bio-power.--The Secretaries 
     shall coordinate research and development activities relating 
     to bio-power and woody biomass thermal projects--
       (1) between the Department of Agriculture and the 
     Department; and
       (2) with other departments and agencies of the Federal 
     Government.
       (c) Woody Biomass Thermal and Bio-power Grants.--
       (1) Establishment.--The Secretaries shall establish a 
     program under which the Secretaries shall provide grants to 
     relevant projects to support innovation, market development, 
     and expansion of the commercial, institutional, industrial, 
     and residential bioenergy sectors in woody biomass thermal 
     and bio-power.
       (2) Applications.--
       (A) In general.--To be eligible to receive a grant under 
     this subsection, the owner or operator of a relevant project 
     shall submit to the Secretaries an application at such time, 
     in such manner, and containing such information as the 
     Secretaries may require.
       (B) Administration.--In administering the application 
     process under subparagraph (A)--
       (i) the Secretary, in consultation with the Secretary of 
     Agriculture, shall administer the process with respect to 
     applications for grants under subparagraphs (A) and (C) of 
     paragraph (3); and
       (ii) the Secretary of Agriculture, in consultation with the 
     Secretary, shall administer the process with respect to 
     applications for grants under paragraph (3)(B).
       (3) Allocation.--Of the amounts appropriated to carry out 
     this subsection, the Secretaries shall not provide more 
     than--
       (A) $15,000,000 for projects that develop innovative 
     techniques for preprocessing biomass for woody biomass 
     thermal and bio-power, with the goals of lowering the costs 
     of--
       (i) distributed preprocessing technologies, including 
     technologies designed to promote densification, torrefaction, 
     and the broader commoditization of bioenergy feedstocks; and
       (ii) transportation;
       (B) $15,000,000 for woody biomass thermal and bio-power 
     demonstration projects, including--
       (i) district energy projects;
       (ii) combined heat and power;
       (iii) small-scale gasification;
       (iv) innovation in transportation; and
       (v) projects addressing the challenges of retrofitting 
     existing electricity generation facilities, including coal-
     fired facilities, to use biomass; and
       (C) $5,000,000 for demonstration projects and research and 
     development of residential wood heaters towards meeting all 
     targets established by the most recent standards of 
     performance established by the Administrator of the 
     Environmental Protection Agency under section 111 of the 
     Clean Air Act (42 U.S.C. 7411).
       (4) Regional distribution.--In selecting projects to 
     receive grants under this subsection, the Secretaries shall 
     ensure, to the maximum extent practicable, diverse 
     geographical distribution among the projects.
       (5) Cost share.--The Federal share of the cost of a project 
     carried out using a grant under this subsection shall be 50 
     percent.
       (6) Duties of recipients.--As a condition of receiving a 
     grant under this subsection, the owner or operator of a 
     project shall--
       (A) participate in the applicable working group under 
     paragraph (7);
       (B) submit to the Secretaries a report that includes--
       (i) a description of the project and any relevant findings; 
     and
       (ii) such other information as the Secretaries determine to 
     be necessary to complete the report of the Secretaries under 
     paragraph (8); and
       (C) carry out such other activities as the Secretaries 
     determine to be necessary.
       (7) Working groups.--The Secretaries shall establish 3 
     working groups to share best practices and collaborate in 
     project implementation, of which--
       (A) 1 shall be comprised of representatives of projects 
     that receive grants under paragraph (3)(A);
       (B) 1 shall be comprised of representatives of projects 
     that receive grants under paragraph (3)(B); and
       (C) 1 shall be comprised of representatives of projects 
     that receive grants under paragraph (3)(C).
       (8) Reports.--Not later than 5 years after the date of 
     enactment of the Energy Policy Modernization Act of 2015, the 
     Secretaries shall submit to Congress a report describing--
       (A) each project for which a grant has been provided under 
     this subsection;
       (B) any findings as a result of those projects; and
       (C) the state of market and technology development, 
     including market barriers and opportunities.
       (9) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $35,000,000 
     for each of fiscal years 2017 through 2026, to remain 
     available until expended.
       (d) Low-interest Loan Program.--
       (1) Establishment.--The Secretary of Agriculture shall 
     establish, within the Rural Development Office, a low-
     interest loan program to support construction of residential, 
     commercial or institutional, and industrial woody biomass 
     thermal and bio-power systems.
       (2) Requirements.--The program under this subsection shall 
     be--
       (A) carried out in accordance with such requirements as the 
     Secretary of Agriculture

[[Page S275]]

     may establish, by regulation, taking into consideration best 
     practices; and
       (B) designed so that small businesses and organizations--
       (i) can readily apply for loans with minimal paperwork 
     burdens; and
       (ii) shall receive a loan approval decision by not later 
     than 90 days after the date of submission of the loan 
     application.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary of Agriculture to carry 
     out this subsection $100,000,000.
       (e) Statewide Wood Energy Teams.--
       (1) Establishment.--The Secretary of Agriculture shall 
     establish a program, to be administered by the Chief of the 
     Forest Service, to establish interdisciplinary teams, to be 
     known as ``Statewide Wood Energy Teams'', in eligible States 
     interested in expanding woody biomass thermal and bio-power.
       (2) Application process.--
       (A) In general.--A State desiring formal designation and 
     funding for a Statewide Wood Energy Team shall submit to the 
     Chief of the Forest Service an application at such time, in 
     such manner, and containing such information as the Chief of 
     the Forest Service may require.
       (B) Applications for new teams.--
       (i) In general.--A State without a Statewide Wood Energy 
     Team in existence as of the date of enactment of this 
     subsection may apply for formal designation and funding in 
     accordance with the process established under subparagraph 
     (A).
       (ii) Preference.--The Chief of the Forest Service shall 
     give preference to applications that show interdisciplinary 
     engagement by a diversity of stakeholders in States with 
     significant forest health challenges.
       (3) Priority of funding.--A Statewide Wood Energy Team in 
     existence as of the date of enactment of this subsection 
     through cooperative agreements with the Forest Service shall 
     receive highest priority as funds are allocated at the 
     discretion of the Chief of the Forest Service.
       (4) Report.--Once every 2 years, the Secretary of 
     Agriculture shall submit to Congress a report on the progress 
     of the Statewide Wood Energy Teams.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary of Agriculture to carry 
     out this subsection $20,000,000.
       (f) Promoting Bioenergy in Federal Facilities.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary to fund bio-power and woody biomass thermal 
     energy system installations at new or existing Federal 
     facilities $20,000,000.
       (2) Consultation required.--The Secretary, the Secretary of 
     Agriculture, and the Administrator of General Services shall 
     consult regularly to ensure optimal success of the activities 
     described in paragraph (1).
       (g) DOE CHP Technical Assistance Partnerships.--There is 
     authorized to be appropriated to the Secretary to carry out 
     the Combined Heat and Power Technical Assistance Partnerships 
     of the Department $5,000,000 to increase the capacity and 
     expertise of the Department to provide technical and other 
     assistance for combined heat and power systems that use wood 
     as a fuel source.
       (h) DOE Research on Small Gasifier Systems.--There is 
     authorized to be appropriated to the Secretary to assess and 
     develop market opportunities for small gasifiers, turbines, 
     and other small scale energy thermal and combined heat and 
     power systems that use wood as a fuel source $5,000,000.
       (i) Fuels to Schools and Beyond Program.--
       (1) In general.--The Secretaries shall establish a program, 
     to be known as the ``Fuels for Schools And Beyond'', to 
     convert public, tribal, or nonprofit facilities, such as 
     hospitals, schools, clinics, prisons, and local government 
     buildings, to woody biomass based heating, cooling, or 
     electricity systems.
       (2) Applications.--To be eligible to receive funds under 
     this subsection, the owner or operator of a relevant project 
     shall submit to the Secretaries an application at such time, 
     in such manner, and containing such information as the 
     Secretaries may require.
       (3) Priority.--The program described in paragraph (1) shall 
     give priority to facilities located in rural or economically 
     disadvantaged areas of the United States.
       (4) Use of funds.--Funds made available under the program 
     described in paragraph (1) may be used for feasibility 
     assessments, fuel supply assessments, engineering design, 
     identifying financing and funding for infrastructure 
     investments, and permitting of the systems described in that 
     paragraph.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $15,000,000 
     for each of fiscal years 2017 through 2026.
       (j) Wood Energy Works Program.--
       (1) In general.--The Secretary of Agriculture shall grant 
     funding to a non-Federal organization to create and deliver 
     an initiative for the purpose of providing free project 
     assistance from design through construction and education, 
     training, and resources related to the design of wood energy 
     systems for a wide range of building types including mid-
     rise, multi-residential, commercial, institutional, and 
     industrial buildings.
       (2) Reports.--
       (A) In general.--The initiative described in paragraph (1) 
     shall report quarterly to the Secretary of Agriculture on the 
     progress and accomplishments of the initiative.
       (B) Report to congress.--On receipt of a report under 
     subparagraph (A), the Secretary of Agriculture shall submit 
     to Congress a report on the progress and accomplishments of 
     the initiative.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection--
       (A) $2,000,000 for fiscal year 2017; and
       (B) $5,000,000 for each of fiscal years 2018 through 2027.
       (k) Coordination of Efforts to Create Interagency Wood 
     Energy Policy Report.--
       (1) In general.--The Secretaries and the Administrator of 
     the Environmental Protection Agency shall conduct an 
     evaluation of Federal policies as of the date of the 
     evaluation and make recommendations on how Congress can 
     better support the industrial, commercial, and residential 
     wood energy sectors in the United States.
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretaries shall submit to 
     Congress a report on the evaluation conducted under paragraph 
     (1).
       (3) Funding.--There is authorized to be appropriated to 
     carry out this subsection $500,000.
       (l) Regional Technical Assistance Program.--
       (1) In general.--The Secretaries shall establish a regional 
     biomass energy program that provides technical assistance to 
     install wood energy systems for heating, cooling, or 
     electricity at new or existing facilities.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $200,000,000 
     for the period of fiscal years 2017 through 2026, of which--
       (A) 50 percent shall be made available to the Secretary; 
     and
       (B) 50 percent shall be made available to the Secretary of 
     Agriculture.
       (m) Strategic Analysis and Research.--
       (1) In general.--The Secretary, acting jointly with the 
     Secretary of Agriculture (acting through the Chief of the 
     Forest Service) and the Administrator of the Environmental 
     Protection Agency, shall establish a woody biomass thermal 
     and bio-power research program--
       (A) the costs of which shall be divided equally between the 
     Department, the Department of Agriculture, and the 
     Environmental Protection Agency; and
       (B) to carry out projects and activities--
       (i)(I) to advance research and analysis on the 
     environmental, social, and economic costs and benefits of the 
     United States bio-power and woody biomass thermal industries, 
     including--

       (aa) complete lifecycle analysis of greenhouse gas 
     emissions;
       (bb) net energy analysis;
       (cc) integrated analysis of the impacts of spatial and 
     temporal scales on greenhouse gas and net energy life cycle 
     analysis;
       (dd) stand- and landscape-level implications of biomass 
     harvest on biodiversity, ecosystem function and ancillary 
     benefits of forest; and
       (ee) advanced modeling of coupled land use change and 
     future climate impacts on future forest health and biomass 
     production; and

       (II) to provide recommendations for policy and investment 
     in those areas; and
       (ii) to identify and assess, through a joint effort between 
     the Chief of the Forest Service and the regional combined 
     heat and power groups of the Department and the Environmental 
     Protection Agency, the feasibility of thermally led district 
     wood energy opportunities in all regions of the Forest 
     Service, including by conducting broad regional assessments, 
     feasibility studies, and preliminary engineering assessments 
     at individual facilities.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary, the Secretary of 
     Agriculture, and the Administrator of the Environmental 
     Protection Agency--
       (A) $2,000,000 to carry out paragraph (1)(B)(i); and
       (B) $1,000,000 to carry out paragraph (1)(B)(ii).
                                 ______
                                 
  SA 3003. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 2012, to provide for the modernization 
of the energy policy of the United States, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 3004A. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY 
                   COMMISSION PROJECT INVOLVING CANNONSVILLE DAM.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 13287, the Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission'') may, at the request of the licensee for the 
     project, and after reasonable notice, in accordance with the 
     good faith, due diligence, and public interest requirements 
     of that section and the procedures of the Commission under 
     that section, extend the time period during which the 
     licensee is required to commence construction of the project 
     for up to 4 consecutive 2-year periods after the

[[Page S276]]

     required date of the commencement of construction described 
     in Article 301 of the license.
       (b) Reinstatement of Expired License.--
       (1) In general.--If the required date of the commencement 
     of construction described in subsection (a) has expired prior 
     to the date of enactment of this Act, the Commission may 
     reinstate the license effective as of that date of 
     expiration.
       (2) Extension.--If the Commission reinstates the license 
     under paragraph (1), the first extension authorized under 
     subsection (a) shall take effect on the date of that 
     expiration.
                                 ______
                                 
  SA 3004. Mrs. GILLIBRAND (for herself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. USE OF FEDERAL DISASTER RELIEF AND EMERGENCY 
                   ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND 
                   STRUCTURES.

       (a) In General.--Title III of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 
     et seq.) is amended by adding at the end the following:

     ``SEC. 327. USE OF ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS 
                   AND STRUCTURES.

       ``(a) Definitions.--In this section--
       ``(1) the term `energy-efficient product' means a product 
     that--
       ``(A) meets or exceeds the requirements for designation 
     under an Energy Star program established under section 324A 
     of the Energy Policy and Conservation Act (42 U.S.C. 6294a); 
     or
       ``(B) meets or exceeds the requirements for designation as 
     being among the highest 25 percent of equivalent products for 
     energy efficiency under the Federal Energy Management 
     Program; and
       ``(2) the term `energy-efficient structure' means a 
     residential structure, a public facility, or a private 
     nonprofit facility that meets or exceeds the requirements of 
     Standard 90.1-2013 of the American Society of Heating, 
     Refrigerating and Air-Conditioning Engineers or the 2015 
     International Energy Conservation Code, or any successor 
     thereto.
       ``(b) Use of Assistance.--A recipient of assistance 
     relating to a major disaster or emergency may use the 
     assistance to replace or repair a damaged product or 
     structure with an energy-efficient product or energy-
     efficient structure.''.
       (b) Applicability.--The amendment made by this section 
     shall apply to assistance made available under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) before, on, or after the date of 
     enactment of this Act that is expended on or after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 3005. Mr. MARKEY (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCLUSION OF OIL DERIVED FROM TAR SANDS AS CRUDE 
                   OIL.

       This Act shall not take effect prior to 10 days following 
     the date that diluted bitumen and other bituminous mixtures 
     derived from tar sands or oil sands are treated as crude oil 
     for purposes of section 4612(a)(1) of the Internal Revenue 
     Code of 1986.
                                 ______
                                 
  SA 3006. Ms. MURKOWSKI (for Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INDEPENDENT RELIABILITY ANALYSIS.

       (a) Definitions.--In this section:
       (1) Electric reliability organization.--The term ``Electric 
     Reliability Organization'' has the meaning given the term in 
     section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
       (2) Final rule.--The term ``final rule'' means the final 
     rule of the Administrator entitled ``Carbon Pollution 
     Emission Guidelines for Existing Stationary Sources: Electric 
     Utility Generating Units'' (80 Fed. Reg. 64662 (October 23, 
     2015)).
       (b) Reliability Analysis Required.--
       (1) In general.--Notwithstanding any other provision of 
     law, the final rule shall not go into effect until the date 
     on which the Federal Energy Regulatory Commission, in 
     consultation with the Electric Reliability Organization, 
     conducts an independent reliability analysis of the final 
     rule to evaluate anticipated effects of implementation and 
     enforcement of the final rule on--
       (A) electric reliability and resource adequacy;
       (B) the electricity generation portfolio of the United 
     States;
       (C) the operation of wholesale electricity markets; and
       (D) energy delivery and infrastructure, including electric 
     transmission facilities and natural gas pipelines.
       (2) Availability.--Not later than 120 days after the date 
     of enactment of this Act, the Federal Energy Regulatory 
     Commission shall submit to Congress and make publicly 
     available the reliability analysis described in paragraph 
     (1).
                                 ______
                                 
  SA 3007. Ms. MURKOWSKI (for Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORT ON CARBON POLLUTION EMISSION GUIDELINES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Final rule.--The term ``final rule'' means the final 
     rule of the Administrator entitled ``Carbon Pollution 
     Emission Guidelines for Existing Stationary Sources: Electric 
     Utility Generating Units'' (80 Fed. Reg. 64662 (October 23, 
     2015)).
       (b) Report Required.--Notwithstanding any other provision 
     of law, the final rule shall not go into effect until the 
     date on which the Administrator submits to Congress and makes 
     available to the public a report that contains--
       (1) an analysis of the expected environmental impacts of 
     the final rule, including--
       (A) a description of the quantity of greenhouse gas 
     emissions the final rule is projected to reduce, as compared 
     to overall domestic and global greenhouse gas emissions; and
       (B) expected impacts of the final rule on the 30 climate 
     change indicators described in the report of the 
     Administrator entitled ``Climate Change Indicators in the 
     United States'';
       (2) an independent analysis from the Secretary, in 
     consultation with the Federal Energy Regulatory Commission 
     and the Administrator of the Energy Information 
     Administration, to determine whether the final rule will 
     cause--
       (A) an increase in energy prices for consumers, including 
     low-income households, fixed-income households, minority 
     communities, small businesses (including women-owned 
     businesses), veterans, and manufacturers;
       (B) any impact on national, regional, or local electric 
     reliability; or
       (C) any other adverse effect on energy supply, 
     distribution, or use; and
       (3) an independent analysis from the Secretary, in 
     consultation with the Secretary of Commerce, the Secretary of 
     Labor, and the Administrator of the Small Business 
     Administration, to determine whether the final rule will 
     cause--
       (A) reduced gross domestic product;
       (B) unemployment;
       (C) increased consumer prices;
       (D) reduced business and manufacturing activity; or
       (E) reduced foreign investment.
                                 ______
                                 
  SA 3008. Ms. MURKOWSKI (for Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ANALYSIS OF EMPLOYMENT EFFECTS UNDER THE CLEAN AIR 
                   ACT.

       The Administrator of the Environmental Protection Agency 
     shall not propose or finalize any major rule (as defined in 
     section 804 of title 5, United States Code) under the Clean 
     Air Act (42 U.S.C. 7401 et seq.) until after the date on 
     which the Administrator--
       (1) completes an economy-wide analysis capturing the costs 
     and cascading effects across industry sectors and markets in 
     the United States of the implementation of major rules 
     promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.); 
     and
       (2) establishes a process to update that analysis not less 
     frequently than semiannually, so as to provide for the 
     continuing evaluation of potential loss or shifts in 
     employment, pursuant to section 321(a) of the Clean Air Act 
     (42 U.S.C. 7621(a)), that may result from the implementation 
     of major rules under the Clean Air Act (42 U.S.C. 7401 et 
     seq.).
                                 ______
                                 
  SA 3009. Ms. MURKOWSKI (for Mr. Inhofe) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the

[[Page S277]]

United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PRESIDENT'S CLIMATE ACTION PLAN.

       The Federal Government shall not take any action pursuant 
     to the President's Climate Action Plan (published in June 
     2013), including implementation of the final rule entitled 
     ``Carbon Pollution Emission Guidelines for Existing 
     Stationary Sources: Electric Utility Generating Units'' (80 
     Fed. Reg. 64662 (October 23, 2015)), that would result in 
     increased electricity prices that would cause unnecessary 
     harm to low-income and fixed-income households, minority 
     communities, minority-owned and women-owned businesses, 
     veterans, and rural communities.
                                 ______
                                 
  SA 3010. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 5002, strike subsection (a).
       In section 5002(b), strike ``(b) Allocation of Funds.--'' 
     and insert ``(a) Allocation of Funds.--''.
       In section 5002, strike subsection (c) and insert the 
     following:
       (b) Conservation Easements.--Section 200306 of title 54, 
     United States Code, is amended by adding at the end the 
     following:
       ``(c) Conservation Easements.--
       ``(1) In general.--The Secretary and the Secretary of 
     Agriculture shall consider the acquisition of conservation 
     easements and other similar interests in land where 
     appropriate and feasible.
       ``(2) Requirement.--Any conservation easement or other 
     similar interest in land acquired under paragraph (1) shall 
     be subject to terms and conditions that ensure that--
       ``(A) the grantor of the conservation easement or other 
     similar interest in land has been provided with information 
     relating to all available conservation options, including 
     conservation options that involve the conveyance of a real 
     property interest for a limited period of time; and
       ``(B) the provision of the information described in 
     subparagraph (A) has been documented.''.
       In section 5002(d), strike ``(d) Acquisition 
     Considerations.--Section 200306'' and insert ``(c) 
     Acquisition Considerations.--Section 200306''.
                                 ______
                                 
  SA 3011. Mr. KAINE (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 3004A. EXTENSION OF DEADLINE FOR CERTAIN HYDROELECTRIC 
                   PROJECTS.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission (referred to in this section as the 
     ``Commission'') projects numbered 12737 and 12740, the 
     Commission may, at the request of the licensee for the 
     applicable project, and after reasonable notice, in 
     accordance with the good faith, due diligence, and public 
     interest requirements of that section and the procedures of 
     the Commission under that section, extend the time period 
     during which the licensee is required to commence the 
     construction of the applicable project for up to 3 
     consecutive 2-year periods from the date of the expiration of 
     the extension originally issued by the Commission.
       (b) Reinstatement of Expired License.--If the period 
     required for commencement of construction of a project 
     described in subsection (a) has expired prior to the date of 
     enactment of this Act--
       (1) the Commission may reinstate the license for the 
     applicable project effective as of the date of the expiration 
     of the license; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on that expiration.
                                 ______
                                 
  SA 3012. Mr. KAINE (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                        TITLE VI--MISCELLANEOUS

     SEC. 6001. REMOVAL OF USE RESTRICTION.

       Public Law 101-479 (104 Stat. 1158) is amended--
       (1) by striking section 2(d); and
       (2) by adding the following new section at the end:

     ``SEC. 4. REMOVAL OF USE RESTRICTION.

       ``(a) The approximately 1-acre portion of the land referred 
     to in section 3 that is used for purposes of a child care 
     center, as authorized by this Act, shall not be subject to 
     the use restriction imposed in the deed referred to in 
     section 3.
       ``(b) Upon enactment of this section, the Secretary of the 
     Interior shall execute an instrument to carry out subsection 
     (a).''.
                                 ______
                                 
  SA 3013. Mr. KAINE (for himself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                        TITLE VI--MISCELLANEOUS

     SEC. 6001. ESTABLISHMENT OF A VISITOR SERVICES FACILITY ON 
                   THE ARLINGTON RIDGE TRACT.

       (a) Definition of Arlington Ridge Tract.--In this section, 
     the term ``Arlington Ridge tract'' means the parcel of 
     Federal land located in Arlington County, Virginia, known as 
     the ``Nevius Tract'' and transferred to the Department of the 
     Interior in 1953, that is bounded generally by--
       (1) Arlington Boulevard (United States Route 50) to the 
     north;
       (2) Jefferson Davis Highway (Virginia Route 110) to the 
     east;
       (3) Marshall Drive to the south; and
       (4) North Meade Street to the west.
       (b) Establishment of Visitor Services Facility.--
     Notwithstanding section 2863(g) of the Military Construction 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     115 Stat. 1332), the Secretary of the Interior may construct 
     a structure for visitor services to include a public restroom 
     facility on the Arlington Ridge tract in the area of the 
     United States Marine Corps War Memorial.
                                 ______
                                 
  SA 3014. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. JUDICIAL REVIEW OF ENERGY RELATED ACTIONS.

       (a) Time for Filing Complaint.--Any energy related action 
     must be filed not later than the end of the 60-day period 
     beginning on the date of the final agency action. Any energy 
     related action not filed within this time period shall be 
     barred.
       (b) District Court Venue and Deadline.--All energy related 
     actions--
       (1) shall be brought in the United States District Court 
     for the District of Columbia; and
       (2) shall be resolved as expeditiously as possible, and in 
     any event not more than 180 days after such cause of action 
     is filed.
       (c) Appellate Review.--An interlocutory order or final 
     judgment, decree or order of the district court in an energy 
     related action may be reviewed by the United States Court of 
     Appeals for the District of Columbia Circuit. The District of 
     Columbia Circuit Court of Appeals shall resolve such appeal 
     as expeditiously as possible, and in any event not more than 
     180 days after such interlocutory order or final judgment, 
     decree or order of the district court was issued.
       (d) Limitation on Certain Payments.--Notwithstanding 
     section 1304 of title 31, United States Code, no award may be 
     made under section 504 of title 5, United States Code, or 
     under section 2412 of title 28, United States Code, and no 
     amounts may be obligated or expended from the Claims and 
     Judgment Fund of the United States Treasury to pay any fees 
     or other expenses under such sections, to any person or party 
     in an energy related action.
       (e) Legal Fees.--In any energy related action in which the 
     plaintiff does not ultimately prevail, the court shall award 
     to the defendant (including any intervenor-defendants), other 
     than the United States, fees and other expenses incurred by 
     that party in connection with the energy related action, 
     unless the court finds that the position of the plaintiff was 
     substantially justified or that special circumstances make an 
     award unjust. Whether or not the position of the plaintiff 
     was substantially justified shall be determined on the basis 
     of the administrative record, as a whole, which is made in 
     the energy related action for which fees and other expenses 
     are sought.
       (f) Definitions.--For the purposes of this section, the 
     following definitions apply:
       (1) Agency action.--The term ``agency action'' has the same 
     meaning given such term in section 551 of title 5, United 
     States Code.
       (2) Indian land.--The term ``Indian Land'' has the same 
     meaning given such term in section 203(c)(3) of the Energy 
     Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
     including lands owned by Native Corporations under the Alaska 
     Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
     1601).
       (3) Energy related action.--The term ``energy related 
     action'' means a cause of action that--
       (A) is filed on or after the effective date of this Act; 
     and
       (B) seeks judicial review of a final agency action to issue 
     a permit, license, or other form of agency permission 
     allowing:

[[Page S278]]

       (i) any person or entity to conduct activities on Indian 
     Land, which activities involve the exploration, development, 
     production or transportation of oil, gas, coal, shale gas, 
     oil shale, geothermal resources, wind or solar resources, 
     underground coal gasification, biomass, or the generation of 
     electricity; or
       (ii) any Indian Tribe, or any organization of two or more 
     entities, at least one of which is an Indian tribe, to 
     conduct activities involving the exploration, development, 
     production or transportation of oil, gas, coal, shale gas, 
     oil shale, geothermal resources, wind or solar resources, 
     underground coal gasification, biomass, or the generation of 
     electricity, regardless of where such activities are 
     undertaken.
       (4) Ultimately prevail.--The phrase ``ultimately prevail'' 
     means, in a final enforceable judgment, the court rules in 
     the party's favor on at least one cause of action which is an 
     underlying rationale for the preliminary injunction, 
     administrative stay, or other relief requested by the party, 
     and does not include circumstances where the final agency 
     action is modified or amended by the issuing agency unless 
     such modification or amendment is required pursuant to a 
     final enforceable judgment of the court or a court-ordered 
     consent decree.
                                 ______
                                 
  SA 3015. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON 
                   INDIAN LAND.

       Section 102 of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332) is amended--
       (1) by inserting ``(a) In General.--'' before the first 
     sentence; and
       (2) by adding at the end the following:
       ``(b) Review of Major Federal Actions on Indian Land.--
       ``(1) Review and comment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the statement required under subsection (a)(2)(C) for a major 
     Federal action regarding an activity on Indian land of an 
     Indian tribe shall only be available for review and comment 
     by the members of the Indian tribe, other individuals 
     residing within the affected area, and State, federally 
     recognized tribal, and local governments within the affected 
     area.
       ``(B) Exception.--Subparagraph (A) shall not apply to a 
     statement for a major Federal action regarding an activity on 
     Indian land of an Indian tribe related to gaming under the 
     Indian Gaming Regulatory Act.
       ``(2) Regulations.--The Chairman of the Council on 
     Environmental Quality shall develop regulations to implement 
     this section, including descriptions of affected areas for 
     specific major Federal actions, in consultation with Indian 
     tribes.
       ``(3) Definitions.--In this subsection, each of the terms 
     `Indian land' and `Indian tribe' has the meaning given that 
     term in section 2601 of the Energy Policy Act of 1992 (25 
     U.S.C. 3501).
       ``(4) Clarification of authority.--Nothing in this 
     subsection gives the Secretary any additional authority over 
     energy projects on Alaska Native Claims Settlement Act 
     land.''.
                                 ______
                                 
  SA 3016. Mr. TOOMEY (for himself, Mrs. Feinstein, and Mr. Flake) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III, add the following:

                       Subtitle I--Renewable Fuel

     SEC. 3801. ELIMINATION OF CORN ETHANOL MANDATE FOR RENEWABLE 
                   FUEL.

       (a) Removal of Table.--Section 211(o)(2)(B)(i) of the Clean 
     Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended by striking 
     subclause (I).
       (b) Conforming Amendments.--Section 211(o)(2)(B) of the 
     Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended--
       (1) in clause (i)--
       (A) by redesignating subclauses (II) through (IV) as 
     subclauses (I) through (III), respectively;
       (B) in subclause (I) (as so redesignated), by striking ``of 
     the volume of renewable fuel required under subclause (I),''; 
     and
       (C) in subclauses (II) and (III) (as so redesignated), by 
     striking ``subclause (II)'' each place it appears and 
     inserting ``subclause (I)''; and
       (2) in clause (v), by striking ``clause (i)(IV)'' and 
     inserting ``clause (i)(III)''.
       (c) Administration.--Nothing in this section or the 
     amendments made by this section affects the volumes of 
     advanced biofuel, cellulosic biofuel, or biomass-based diesel 
     that are required under section 211(o) of the Clean Air Act 
     (42 U.S.C. 7545(o)).
                                 ______
                                 
  SA 3017. Mr. BARRASSO (for himself and Mr. Schatz) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; as follows:

       At the end of subtitle G of title IV, add the following:

     SEC. 46__. CARBON DIOXIDE CAPTURE TECHNOLOGY PRIZE.

       Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
     16396) (as amended by section 4601) is amended by adding at 
     the end the following:
       ``(h) Carbon Dioxide Capture Technology Prize.--
       ``(1) Definitions.--In this subsection:
       ``(A) Board.--The term `Board' means the Carbon Dioxide 
     Capture Technology Advisory Board established by paragraph 
     (6).
       ``(B) Dilute.--The term `dilute' means a concentration of 
     less than 1 percent by volume.
       ``(C) Intellectual property.--The term `intellectual 
     property' means--
       ``(i) an invention that is patentable under title 35, 
     United States Code; and
       ``(ii) any patent on an invention described in clause (i).
       ``(D) Secretary.--The term `Secretary' means the Secretary 
     of Energy or designee, in consultation with the Board.
       ``(2) Authority.--Not later than 1 year after the date of 
     enactment of this subsection, as part of the program carried 
     out under this section, the Secretary shall establish and 
     award competitive technology financial awards for carbon 
     dioxide capture from media in which the concentration of 
     carbon dioxide is dilute.
       ``(3) Duties.--In carrying out this subsection, the 
     Secretary shall--
       ``(A) subject to paragraph (4), develop specific 
     requirements for--
       ``(i) the competition process;
       ``(ii) minimum performance standards for qualifying 
     projects; and
       ``(iii) monitoring and verification procedures for approved 
     projects;
       ``(B) establish minimum levels for the capture of carbon 
     dioxide from a dilute medium that are required to be achieved 
     to qualify for a financial award described in subparagraph 
     (C);
       ``(C) offer financial awards for--
       ``(i) a design for a promising capture technology;
       ``(ii) a successful bench-scale demonstration of a capture 
     technology;
       ``(iii) a design for a technology described in clause (i) 
     that will--

       ``(I) be operated on a demonstration scale; and
       ``(II) achieve significant reduction in the level of carbon 
     dioxide; and

       ``(iv) an operational capture technology on a commercial 
     scale that meets the minimum levels described in subparagraph 
     (B); and
       ``(D) submit to Congress--
       ``(i) an annual report that describes the progress made by 
     the Board and recipients of financial awards under this 
     subsection in achieving the demonstration goals established 
     under subparagraph (C); and
       ``(ii) not later than 1 year after the date of enactment of 
     this subsection, a report that describes the levels of 
     funding that are necessary to achieve the purposes of this 
     subsection.
       ``(4) Public participation.--In carrying out paragraph 
     (3)(A), the Board shall--
       ``(A) provide notice of and, for a period of at least 60 
     days, an opportunity for public comment on, any draft or 
     proposed version of the requirements described in paragraph 
     (3)(A); and
       ``(B) take into account public comments received in 
     developing the final version of those requirements.
       ``(5) Peer review.--No financial awards may be provided 
     under this subsection until the proposal for which the award 
     is sought has been peer reviewed in accordance with such 
     standards for peer review as are established by the 
     Secretary.
       ``(6) Carbon dioxide capture technology advisory board.--
       ``(A) Establishment.--There is established an advisory 
     board to be known as the `Carbon Dioxide Capture Technology 
     Advisory Board'.
       ``(B) Composition.--The Board shall be composed of 9 
     members appointed by the President, who shall provide 
     expertise in--
       ``(i) climate science;
       ``(ii) physics;
       ``(iii) chemistry;
       ``(iv) biology;
       ``(v) engineering;
       ``(vi) economics;
       ``(vii) business management; and
       ``(viii) such other disciplines as the Secretary determines 
     to be necessary to achieve the purposes of this subsection.
       ``(C) Term; vacancies.--
       ``(i) Term.--A member of the Board shall serve for a term 
     of 6 years.
       ``(ii) Vacancies.--A vacancy on the Board--

       ``(I) shall not affect the powers of the Board; and
       ``(II) shall be filled in the same manner as the original 
     appointment was made.

       ``(D) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Board have been appointed, 
     the Board shall hold the initial meeting of the Board.
       ``(E) Meetings.--The Board shall meet at the call of the 
     Chairperson.
       ``(F) Quorum.--A majority of the members of the Board shall 
     constitute a quorum, but

[[Page S279]]

     a lesser number of members may hold hearings.
       ``(G) Chairperson and vice chairperson.--The Board shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Board.
       ``(H) Compensation.--Each member of the Board may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level V 
     of the Executive Schedule for each day during which the 
     member is engaged in the actual performance of the duties of 
     the Board.
       ``(I) Duties.--The Board shall advise the Secretary on 
     carrying out the duties of the Secretary under this 
     subsection.
       ``(7) Intellectual property.--
       ``(A) In general.--As a condition of receiving a financial 
     award under this subsection, an applicant shall agree to vest 
     the intellectual property of the applicant derived from the 
     technology in 1 or more entities that are incorporated in the 
     United States.
       ``(B) Reservation of license.--The United States--
       ``(i) may reserve a nonexclusive, nontransferable, 
     irrevocable, paid-up license, to have practiced for or on 
     behalf of the United States, in connection with any 
     intellectual property described in subparagraph (A); but
       ``(ii) shall not, in the exercise of a license reserved 
     under clause (i), publicly disclose proprietary information 
     relating to the license.
       ``(C) Transfer of title.--Title to any intellectual 
     property described in subparagraph (A) shall not be 
     transferred or passed, except to an entity that is 
     incorporated in the United States, until the expiration of 
     the first patent obtained in connection with the intellectual 
     property.
       ``(8) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary.
       ``(9) Termination of authority.--The Board and all 
     authority provided under this subsection shall terminate on 
     December 31, 2026.''.
                                 ______
                                 
  SA 3018. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                        TITLE VI--MISCELLANEOUS

     SEC. 6001. STUDY OF JAMES K. POLK HOME IN COLUMBIA, 
                   TENNESSEE.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall conduct a special 
     resource study of the site of the James K. Polk Home in 
     Columbia, Tennessee, and adjacent property (referred to in 
     this section as the ``site'').
       (b) Criteria.--The Secretary shall conduct the study under 
     subsection (a) in accordance with section 100507 of title 54, 
     United States Code.
       (c) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) evaluate the national significance of the site;
       (2) determine the suitability and feasibility of 
     designating the site as a unit of the National Park System;
       (3) include cost estimates for any necessary acquisition, 
     development, operation, and maintenance of the site;
       (4) consult with interested Federal, State, or local 
     governmental entities, private and nonprofit organizations, 
     or other interested individuals; and
       (5) identify alternatives for the management, 
     administration, and protection of the site.
       (d) Report.--Not later than 3 years after the date on which 
     funds are made available to carry out the study under 
     subsection (a), 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 that describes--
       (1) the findings and conclusions of the study; and
       (2) any recommendations of the Secretary.
                                 ______
                                 
  SA 3019. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROMOTING USE OF RECLAIMED REFRIGERANTS IN FEDERAL 
                   FACILITIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of General Services 
     shall issue guidance relating to the procurement of reclaimed 
     refrigerants to service existing equipment of Federal 
     facilities.
       (b) Preference.--The guidance issued under subsection (a) 
     shall give preference to the use of reclaimed refrigerants, 
     on the conditions that--
       (1) the refrigerant has been reclaimed by a person or 
     entity that is certified under the laboratory certification 
     program of the Air Conditioning, Heating, and Refrigeration 
     Institute; and
       (2) the price of the reclaimed refrigerant does not exceed 
     the price of a newly manufactured (virgin) refrigerant.
                                 ______
                                 
  SA 3020. Mr. DAINES (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 229, after line 22, add the following:
       (c) Reinstatement of Expired License.--If the period 
     required for commencement of construction of the project 
     described in subsection (b) has expired before the date of 
     enactment of this Act--
       (1) the Commission shall reinstate the license effective as 
     of the date of the expiration of the license; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on that expiration date.
                                 ______
                                 
  SA 3021. Mr. CRAPO (for himself, Mr. Whitehouse, Mr. Risch, Mr. 
Booker, Mr. Hatch, Mr. Kirk, and Mr. Durbin) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; as follows:

       Strike section 3501 and insert the following:

     SEC. 3501. NUCLEAR ENERGY INNOVATION CAPABILITIES.

       (a) Definitions.--In this section:
       (1) Advanced fission reactor.--The term ``advanced fission 
     reactor'' means a nuclear fission reactor with significant 
     improvements over the most recent generation of nuclear 
     reactors, including improvements such as--
       (A) inherent safety features;
       (B) lower waste yields;
       (C) greater fuel utilization;
       (D) superior reliability;
       (E) resistance to proliferation;
       (F) increased thermal efficiency; and
       (G) ability to integrate into electric and nonelectric 
     applications.
       (2) Fast neutron.--The term ``fast neutron'' means a 
     neutron with kinetic energy above 100 kiloelectron volts.
       (3) National laboratory.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``National Laboratory'' has the meaning given the 
     term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801).
       (B) Limitation.--With respect to the Lawrence Livermore 
     National Laboratory, the Los Alamos National Laboratory, and 
     the Sandia National Laboratories, the term ``National 
     Laboratory'' means only the civilian activities of the 
     laboratory.
       (4) Neutron flux.--The term ``neutron flux'' means the 
     intensity of neutron radiation measured as a rate of flow of 
     neutrons applied over an area.
       (5) Neutron source.--The term ``neutron source'' means a 
     research machine that provides neutron irradiation services 
     for--
       (A) research on materials sciences and nuclear physics; and
       (B) testing of advanced materials, nuclear fuels, and other 
     related components for reactor systems.
       (b) Mission.--Section 951 of the Energy Policy Act of 2005 
     (42 U.S.C. 16271) is amended by striking subsection (a) and 
     inserting the following:
       ``(a) In General.--The Secretary shall conduct programs of 
     civilian nuclear research, development, demonstration, and 
     commercial application, including activities described in 
     this subtitle, that take into consideration the following 
     objectives:
       ``(1) Providing research infrastructure--
       ``(A) to promote scientific progress; and
       ``(B) to enable users from academia, the National 
     Laboratories, and the private sector to make scientific 
     discoveries relevant for nuclear, chemical, and materials 
     science engineering.
       ``(2) Maintaining nuclear energy research and development 
     programs at the National Laboratories and institutions of 
     higher education, including programs of infrastructure of 
     National Laboratories and institutions of higher education.
       ``(3) Providing the technical means to reduce the 
     likelihood of nuclear weapons proliferation.
       ``(4) Ensuring public safety.
       ``(5) Reducing the environmental impact of nuclear energy-
     related activities.
       ``(6) Supporting technology transfer from the National 
     Laboratories to the private sector.
       ``(7) Enabling the private sector to partner with the 
     National Laboratories to demonstrate novel reactor concepts 
     for the purpose of resolving technical uncertainty associated 
     with the objectives described in this subsection.''.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) nuclear energy, through fission or fusion, represents 
     the highest energy density of any known attainable source and 
     yields low air emissions;
       (2) nuclear energy is of national importance to scientific 
     progress, national security, electricity generation, heat 
     generation

[[Page S280]]

     for industrial applications, and space exploration; and
       (3) considering the inherent complexity and regulatory 
     burden associated with nuclear energy, the Department should 
     focus civilian nuclear research and development activities of 
     the Department on programs that enable the private sector, 
     National Laboratories, and institutions of higher education 
     to carry out experiments to promote scientific progress and 
     enhance practical knowledge of nuclear engineering.
       (d) High-performance Computation and Supportive Research.--
       (1) Modeling and simulation program.--
       (A) In general.--The Secretary shall carry out a program to 
     enhance the capabilities of the United States to develop new 
     reactor technologies and related systems technologies through 
     high-performance computation modeling and simulation 
     techniques (referred to in this paragraph as the 
     ``program'').
       (B) Coordination required.--In carrying out the program, 
     the Secretary shall coordinate with relevant Federal agencies 
     through the National Strategic Computing Initiative 
     established by Executive Order 13702 (80 Fed. Reg. 46177) 
     (July 29, 2015).
       (C) Objectives.--In carrying out the program, the Secretary 
     shall take into consideration the following objectives:
       (i) Using expertise from the private sector, institutions 
     of higher education, and National Laboratories to develop 
     computational software and capabilities that prospective 
     users may access to accelerate research and development of 
     advanced fission reactor systems, nuclear fusion systems, and 
     reactor systems for space exploration.
       (ii) Developing computational tools to simulate and predict 
     nuclear phenomena that may be validated through physical 
     experimentation.
       (iii) Increasing the utility of the research infrastructure 
     of the Department by coordinating with the Advanced 
     Scientific Computing Research program of the Office of 
     Science.
       (iv) Leveraging experience from the Energy Innovation Hub 
     for Modeling and Simulation.
       (v) Ensuring that new experimental and computational tools 
     are accessible to relevant research communities, including 
     private companies engaged in nuclear energy technology 
     development.
       (2) Supportive research activities.--The Secretary shall 
     consider support for additional research activities to 
     maximize the utility of the research facilities of the 
     Department, including research--
       (A) on physical processes to simulate degradation of 
     materials and behavior of fuel forms; and
       (B) for validation of computational tools.
       (e) Versatile Neutron Source.--
       (1) Determination of mission need.--
       (A) In general.--Not later than December 31, 2016, the 
     Secretary shall determine the mission need for a versatile 
     reactor-based fast neutron source, which shall operate as a 
     national user facility (referred to in this subsection as the 
     ``user facility'').
       (B) Consultation required.--In carrying out subparagraph 
     (A), the Secretary shall consult with the private sector, 
     institutions of higher education, the National Laboratories, 
     and relevant Federal agencies to ensure that the user 
     facility will meet the research needs of the largest possible 
     majority of prospective users.
       (2) Plan for establishment.--On the determination of the 
     mission need under paragraph (1), the Secretary, as 
     expeditiously as practicable, shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Science, Space, and Technology of the House of 
     Representatives a detailed plan for the establishment of the 
     user facility (referred to in this section as the ``plan'').
       (3) Deadline for establishment.--The Secretary shall make 
     every effort to complete construction of, and approve the 
     start of operations for, the user facility by December 31, 
     2025.
       (4) Facility requirements.--
       (A) Capabilities.--The Secretary shall ensure that the user 
     facility shall provide, at a minimum--
       (i) fast neutron spectrum irradiation capability; and
       (ii) capacity for upgrades to accommodate new or expanded 
     research needs.
       (B) Considerations.--In carrying out the plan, the 
     Secretary shall consider--
       (i) capabilities that support experimental high-temperature 
     testing;
       (ii) providing a source of fast neutrons--

       (I) at a neutron flux that is higher than the neutron flux 
     at which research facilities operate before establishment of 
     the user facility; and
       (II) sufficient to enable research for an optimal base of 
     prospective users;

       (iii) maximizing irradiation flexibility and irradiation 
     volume to accommodate as many concurrent users as possible;
       (iv) capabilities for irradiation with neutrons of a lower 
     energy spectrum;
       (v) multiple loops for fuels and materials testing in 
     different coolants; and
       (vi) additional pre-irradiation and post-irradiation 
     examination capabilities.
       (5) Coordination.--In carrying out this subsection, the 
     Secretary shall leverage the best practices of the Office of 
     Science for the management, construction, and operation of 
     national user facilities.
       (6) Report.--The Secretary shall include in the annual 
     budget request of the Department an explanation for any delay 
     in carrying out this subsection.
       (f) Enabling Nuclear Energy Innovation.--
       (1) Establishment of national nuclear innovation center.--
     The Secretary may enter into a memorandum of understanding 
     with the Chairman of the Nuclear Regulatory Commission to 
     establish a center to be known as the ``National Nuclear 
     Innovation Center'' (referred to in this subsection as the 
     ``Center'')--
       (A) to enable the testing and demonstration of reactor 
     concepts to be proposed and funded, in whole or in part, by 
     the private sector;
       (B) to establish and operate a database to store and share 
     data and knowledge on nuclear science between Federal 
     agencies and private industry; and
       (C) to establish capabilities to develop and test reactor 
     electric and nonelectric integration and energy conversion 
     systems.
       (2) Role of nrc.--In operating the Center, the Secretary 
     shall--
       (A) consult with the Nuclear Regulatory Commission on 
     safety issues; and
       (B) permit staff of the Nuclear Regulatory Commission to 
     actively observe and learn about the technology being 
     developed at the Center.
       (3) Objectives.--A reactor developed under paragraph (1)(A) 
     shall have the following objectives:
       (A) Enabling physical validation of fusion and advanced 
     fission experimental reactors at the National Laboratories or 
     other facilities of the Department.
       (B) Resolving technical uncertainty and increase practical 
     knowledge relevant to safety, resilience, security, and 
     functionality of novel reactor concepts.
       (C) Conducting general research and development to improve 
     novel reactor technologies.
       (4) Use of technical expertise.--In operating the Center, 
     the Secretary shall leverage the technical expertise of 
     relevant Federal agencies and National Laboratories--
       (A) to minimize the time required to carry out paragraph 
     (3); and
       (B) to ensure reasonable safety for individuals working at 
     the National Laboratories or other facilities of the 
     Department to carry out that paragraph.
       (5) Reporting requirement.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the National Laboratories, relevant Federal agencies, and 
     other stakeholders, shall submit to the Committee on Energy 
     and Natural Resources and the Committee on Environment and 
     Public Works of the Senate and the Committee on Science, 
     Space, and Technology and the Committee on Energy and 
     Commerce of the House of Representatives a report assessing 
     the capabilities of the Department to authorize, host, and 
     oversee privately proposed and funded reactors (as described 
     in paragraph (1)(A)).
       (B) Contents.--The report shall address--
       (i) the safety review and oversight capabilities of the 
     Department, including options to leverage expertise from the 
     Nuclear Regulatory Commission and the National Laboratories;
       (ii) potential sites capable of hosting the activities 
     described in paragraph (1);
       (iii) the efficacy of the available contractual mechanisms 
     of the Department to partner with the private sector and 
     other Federal agencies, including cooperative research and 
     development agreements, strategic partnership projects, and 
     agreements for commercializing technology;
       (iv) how the Federal Government and the private sector will 
     address potential intellectual property concerns;
       (v) potential cost structures relating to physical 
     security, decommissioning, liability, and other long term 
     project costs; and
       (vi) other challenges or considerations identified by the 
     Secretary.
       (g) Budget Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Science, Space, and Technology of the House 
     of Representatives 3 alternative 10-year budget plans for 
     civilian nuclear energy research and development by the 
     Department in accordance with paragraph (2).
       (2) Description of plans.--
       (A) In general.--The 3 alternative 10-year budget plans 
     submitted under paragraph (1) shall be the following:
       (i) A plan that assumes constant annual funding at the 
     level of appropriations for fiscal year 2016 for the civilian 
     nuclear energy research and development of the Department, 
     particularly for programs critical to advanced nuclear 
     projects and development.
       (ii) A plan that assumes 2 percent annual increases to the 
     level of appropriations described in clause (i).
       (iii) A plan that uses an unconstrained budget.
       (B) Inclusions.--Each plan shall include--
       (i) a prioritized list of the programs, projects, and 
     activities of the Department that best support the 
     development, licensing, and deployment of advanced nuclear 
     energy technologies;
       (ii) realistic budget requirements for the Department to 
     carry out subsections (d), (e), and (f); and

[[Page S281]]

       (iii) the justification of the Department for continuing or 
     terminating existing civilian nuclear energy research and 
     development programs.
       (h) Nuclear Regulatory Commission Report.--Not later than 
     December 31, 2016, the Chairman of the Nuclear Regulatory 
     Commission shall submit to the Committee on Energy and 
     Natural Resources and the Committee on Environment and Public 
     Works of the Senate and the Committee on Science, Space, and 
     Technology and the Committee on Energy and Commerce of the 
     House of Representatives a report describing--
       (1) the extent to which the Nuclear Regulatory Commission 
     is capable of licensing advanced reactor designs that are 
     developed pursuant to this section by the end of the 4-year 
     period beginning on the date on which an application is 
     received under part 50 or 52 of title 10, Code of Federal 
     Regulations (or successor regulations); and
       (2) any organizational or institutional barriers the 
     Nuclear Regulatory Commission will need to overcome to be 
     able to license the advanced reactor designs that are 
     developed pursuant to this section by the end of the 4-year 
     period described in paragraph (1).
                                 ______
                                 
  SA 3022. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 424, strike lines 11 through 18.
                                 ______
                                 
  SA 3023. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. MODIFICATION OF AUTHORITY TO DECLARE NATIONAL 
                   MONUMENTS.

       Section 320301 of title 54, United States Code, is amended 
     by adding at the end the following:
       ``(e) Effective Date.--A proclamation or reservation issued 
     after the date of enactment of this subsection under 
     subsection (a) or (b) shall expire 3 years after proclaimed 
     or reserved unless specifically approved by--
       ``(1) a Federal law enacted after the date of the 
     proclamation or reservation; and
       ``(2) a State law, for each State where the land covered by 
     the proclamation or reservation is located, enacted after the 
     date of the proclamation or reservation.''.
                                 ______
                                 
  SA 3024. Mr. CORNYN (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TAXATION OF NATURAL GAS PIPELINE PROPERTY.

       (a) Limitation on Discriminatory Taxation of Natural Gas 
     Pipeline Property.--
       (1) Definitions.--In this section:
       (A) Assessment.--The term ``assessment'' means valuation 
     for a property tax that is levied by a taxing authority.
       (B) Assessment jurisdiction.--The term ``assessment 
     jurisdiction'' means a geographical area used in determining 
     the assessed value of property for ad valorem taxation.
       (C) Commercial and industrial property.--The term 
     ``commercial and industrial property'' means property 
     (excluding natural gas pipeline property, public utility 
     property, and land used primarily for agricultural purposes 
     or timber growth) devoted to commercial or industrial use and 
     subject to a property tax levy.
       (D) Natural gas pipeline property.--The term ``natural gas 
     pipeline property'' means all property (whether real, 
     personal, and intangible) used by a natural gas pipeline 
     providing transportation or storage of natural gas subject to 
     the jurisdiction of the Federal Regulatory Commission.
       (E) Public utility property.--The term ``public utility 
     property'' means property (excluding natural gas pipeline 
     property) that is devoted to public service and is owned or 
     used by any entity that performs a public service and is 
     regulated by any governmental agency.
       (2) Discriminatory acts.--A State, subdivision of a State, 
     authority acting for a State or subdivision of a State, or 
     any other taxing authority (including a taxing jurisdiction 
     and a taxing district) may not do any of the following:
       (A) Assessments.--Assess natural gas pipeline property at 
     value that has a higher ratio to the true market value of the 
     natural gas pipeline property than the ratio that the 
     assessed value of commercial and industrial property in the 
     same assessment jurisdiction has to the true market value of 
     such commercial and industrial property.
       (B) Assessment taxes.--Levy or collect a tax on an 
     assessment that may not be made under subparagraph (A).
       (C) Ad valorem taxes.--Levy or collect an ad valorem 
     property tax on natural gas pipeline property at a tax rate 
     that exceeds the tax rate applicable to commercial and 
     industrial property in the same assessment jurisdiction.
       (D) Other taxes.--Impose any other tax that discriminates 
     against a natural gas pipeline providing transportation or 
     storage of natural gas subject to the jurisdiction of the 
     Federal Energy Regulatory Commission.
       (b) Jurisdiction of Courts; Relief.--
       (1) Grant of jurisdiction.--Notwithstanding section 1341 of 
     title 28, United States Code, and without regard to the 
     amount in controversy or citizenship of the parties, the 
     district courts of the United States shall have jurisdiction, 
     concurrent with other jurisdiction of the courts of the 
     United States, of States, and of all other taxing authorities 
     and taxing jurisdictions, to prevent a violation of 
     subsection (a).
       (2) Relief in general.--Except as provided in this 
     paragraph, relief may be granted under this section only if 
     the ratio of assessed value to true market value of natural 
     gas pipeline property exceeds by at least 5 percent the ratio 
     of assessed value to true market value of commercial and 
     industrial property in the same assessment jurisdiction. If 
     the ratio of the assessed value of commercial and industrial 
     property in the assessment jurisdiction to the true market 
     value of commercial and industrial property cannot be 
     determined to the satisfaction of the court through the 
     random-sampling method known as a sales assessment ratio 
     study (to be carried out under statistical principles 
     applicable to such a study), each of the following shall be a 
     violation of subsection (a) for which relief under this 
     section may be granted:
       (A) An assessment of the natural gas pipeline property at a 
     value that has a higher ratio of assessed value to the true 
     market value of the natural gas pipeline property than the 
     ratio of the assessed value of all other property (excluding 
     public utility property) subject to a property tax levy in 
     the assessment jurisdiction has to the true market value of 
     all other property (excluding public utility property).
       (B) The collection of an ad valorem property tax on the 
     natural gas pipeline property at a tax rate that exceeds the 
     tax rate applicable to all other taxable property (excluding 
     public utility property) in the taxing jurisdiction.
                                 ______
                                 
  SA 3025. Mr. CASSIDY submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ____. ENERGY CONSUMERS RELIEF.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Direct costs.--The term ``direct costs'' has the 
     meaning given the term in chapter 8 of the report of the 
     Environmental Protection Agency entitled ``Guidelines for 
     Preparing Economic Analyses'' and dated December 17, 2010.
       (3) Energy-related rule that is estimated to cost more than 
     $1,000,000,000.--The term ``energy-related rule that is 
     estimated to cost more than $1,000,000,000'' means a rule of 
     the Environmental Protection Agency that--
       (A) regulates any aspect of the production, supply, 
     distribution, or use of energy or provides for such 
     regulation by States or other governmental entities; and
       (B) is estimated by the Administrator or the Director of 
     the Office of Management and Budget to impose direct costs 
     and indirect costs, in the aggregate, of more than 
     $1,000,000,000.
       (4) Indirect costs.--The term ``indirect costs'' has the 
     meaning given the term in chapter 8 of the report of the 
     Environmental Protection Agency entitled ``Guidelines for 
     Preparing Economic Analyses'' and dated December 17, 2010.
       (5) Rule.--The term ``rule'' has the meaning given to the 
     term in section 551 of title 5, United States Code.
       (b) Prohibition Against Finalizing Certain Energy-related 
     Rules That Will Cause Significant Adverse Effects to the 
     Economy.--Notwithstanding any other provision of law, the 
     Administrator may not promulgate as final an energy-related 
     rule that is estimated to cost more than $1,000,000,000 if 
     the Secretary determines under subsection (c)(2)(C) that the 
     rule will cause significant adverse effects to the economy.
       (c) Reports and Determinations Prior to Promulgating as 
     Final Certain Energy-related Rules.--
       (1) In general.--Before promulgating as final any energy-
     related rule that is estimated to cost more than 
     $1,000,000,000, the Administrator shall carry out the 
     requirements of paragraph (2).
       (2) Requirements.--
       (A) Report to congress.--The Administrator shall submit to 
     Congress and the Secretary a report containing--
       (i) a copy of the rule;
       (ii) a concise general statement relating to the rule;

[[Page S282]]

       (iii) an estimate of the total costs of the rule, including 
     the direct costs and indirect costs of the rule;
       (iv)(I) an estimate of the total benefits of the rule and 
     when such benefits are expected to be realized;
       (II) a description of the modeling, the calculations, the 
     assumptions, and the limitations due to uncertainty, 
     speculation, or lack of information associated with the 
     estimates under this clause; and
       (III) a certification that all data and documents relied 
     upon by the Environmental Protection Agency in developing the 
     estimates--

       (aa) have been preserved; and
       (bb) are available for review by the public on the website 
     of the Environmental Protection Agency, except to the extent 
     to which publication of the data and documents would 
     constitute disclosure of confidential information in 
     violation of applicable Federal law;

       (v) an estimate of the increases in energy prices, 
     including potential increases in gasoline or electricity 
     prices for consumers, that may result from implementation or 
     enforcement of the rule; and
       (vi) a detailed description of the employment effects, 
     including potential job losses and shifts in employment, that 
     may result from implementation or enforcement of the rule.
       (B) Initial determination on increases and impacts.--The 
     Secretary, in consultation with the Federal Energy Regulatory 
     Commission and the Administrator of the Energy Information 
     Administration, shall prepare an independent analysis to 
     determine whether the rule will cause any--
       (i) increase in energy prices for consumers, including low-
     income households, small businesses, and manufacturers;
       (ii) impact on fuel diversity of the electricity generation 
     portfolio of the United States or on national, regional, or 
     local electric reliability;
       (iii) adverse effect on energy supply, distribution, or use 
     due to the economic or technical infeasibility of 
     implementing the rule; or
       (iv) other adverse effect on energy supply, distribution, 
     or use, including a shortfall in supply and increased use of 
     foreign supplies.
       (C) Subsequent determination on adverse effects to the 
     economy.--If the Secretary determines under subparagraph (B) 
     that the rule will cause an increase, impact, or effect 
     described in that subparagraph, the Secretary, in 
     consultation with the Administrator, the Secretary of 
     Commerce, the Secretary of Labor, and the Administrator of 
     the Small Business Administration, shall--
       (i) determine whether the rule will cause significant 
     adverse effects to the economy, taking into consideration--

       (I) the costs and benefits of the rule and limitations in 
     calculating the costs and benefits due to uncertainty, 
     speculation, or lack of information; and
       (II) the positive and negative impacts of the rule on 
     economic indicators, including those related to gross 
     domestic product, unemployment, wages, consumer prices, and 
     business and manufacturing activity; and

       (ii) publish the results of the determination made under 
     clause (i) in the Federal Register.
       (d) Prohibition on Use of Social Cost of Carbon in 
     Analysis.--
       (1) Definition of social cost of carbon.--In this 
     subsection, the term ``social cost of carbon'' means--
       (A) the social cost of carbon as described in the technical 
     support document entitled ``Technical Support Document: 
     Technical Update of the Social Cost of Carbon for Regulatory 
     Impact Analysis Under Executive Order 12866'', published by 
     the Interagency Working Group on Social Cost of Carbon, 
     United States Government, in May 2013 (or any successor or 
     substantially related document); or
       (B) any other estimate of the monetized damages associated 
     with an incremental increase in carbon dioxide emissions in a 
     given year.
       (2) Prohibition on use of social cost of carbon in 
     analysis.--Notwithstanding any other provision of law or any 
     Executive order, the Administrator may not use the social 
     cost of carbon to incorporate social benefits of reducing 
     carbon dioxide emissions, or for any other reason, in any 
     cost-benefit analysis relating to an energy-related rule that 
     is estimated to cost more than $1,000,000,000 unless a 
     Federal law is enacted authorizing the use.
                                 ______
                                 
  SA 3026. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 4405. RED RIVER PRIVATE PROPERTY PROTECTION.

       (a) Disclaimer and Outdated Surveys.--
       (1) In general.--The Secretary hereby disclaims any right, 
     title, and interest to all land located south of the South 
     Bank boundary line of the Red River in the affected area.
       (2) Clarification of prior surveys.--Previous surveys 
     conducted by the Bureau of Land Management shall have no 
     force or effect in determining the current South Bank 
     boundary line.
       (b) Identification of Current Boundary.--
       (1) Boundary identification.--To identify the current South 
     Bank boundary line along the affected area, the Secretary 
     shall commission a new survey that--
       (A) adheres to the gradient boundary survey method;
       (B) spans the entire length of the affected area;
       (C) is conducted by Licensed State Land Surveyors chosen by 
     the Texas General Land Office; and
       (D) is completed not later than 2 years after the date of 
     the enactment of this Act.
       (2) Approval of the survey.--The Secretary shall submit the 
     survey conducted under this section to the Texas General Land 
     Office for approval. State approval of the completed survey 
     shall satisfy the requirements under this section.
       (c) Appeal.--Not later than 1 year after the survey is 
     completed and approved pursuant to subsection (b), a private 
     property owner who holds right, title, or interest in the 
     affected area may appeal public domain claims by the 
     Secretary to an Administrative Law Judge.
       (d) Resource Management Plan.--The Secretary shall ensure 
     that no parcels of land in the affected area are treated as 
     Federal land for the purpose of any resource management plan 
     until the survey has been completed and approved and the 
     Secretary ensures that the parcel is not subject to further 
     appeal pursuant to this section.
       (e) Construction.--This section does not change or affect 
     in any manner the interest of the States or sovereignty 
     rights of federally recognized Indian tribes over lands 
     located to the north of the South Bank boundary line of the 
     Red River as established by this section.
       (f) Sale of Remaining Red River Surface Rights.--
       (1) Competitive sale of identified federal lands.--After 
     the survey has been completed and approved and the Secretary 
     ensures that a parcel is not subject to further appeal under 
     this section, the Secretary shall offer any and all such 
     remaining identified Federal lands for disposal by 
     competitive sale for not less than fair market value as 
     determined by an appraisal conducted in accordance with 
     nationally recognized appraisal standards, including the 
     Uniform Appraisal Standards for Federal Land Acquisitions; 
     and the Uniform Standards of Professional Appraisal Practice.
       (2) Existing rights.--The sale of identified Federal lands 
     under this subsection shall be subject to valid existing 
     tribal, State, and local rights.
       (3) Proceeds of sale of lands.--Net proceeds from the sale 
     of identified Federal lands under this subsection shall be 
     used to offset any costs associated with this section.
       (4) Report.--Not later than 5 years after the date of the 
     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 a list of any identified Federal 
     lands that have not been sold under paragraph (1) and the 
     reasons such lands were not sold.
       (g) Definitions.--For the purposes of this section:
       (1) Affected area.--The term ``affected area'' means lands 
     along the approximately 116-mile stretch of the Red River 
     from its confluence with the North Fork of the Red River on 
     the west to the 98th meridian on the east between the States 
     of Texas and Oklahoma.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of Bureau of 
     Land Management.
       (3) South bank.--The term ``South Bank'' means the water-
     washed and relatively permanent elevation or acclivity, 
     commonly called a cut bank, along the southerly or right side 
     of the Red River which separates its bed from the adjacent 
     upland, whether valley or hill, and usually serves to confine 
     the waters within the bed and to preserve the course of the 
     river; as specified in the fifth paragraph of the decree 
     rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 
     43 S. Ct. 376, 67 L. Ed. 687.
       (4) South bank boundary line.--The term ``South Bank 
     boundary line'' means the boundary between Texas and Oklahoma 
     identified through the gradient boundary survey method; as 
     specified in the sixth and seventh paragraphs of the decree 
     rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 
     43 S. Ct. 376, 67 L. Ed. 687.
       (5) Gradient boundary survey method.--The term ``gradient 
     boundary survey method'' means the measurement technique used 
     to locate the South Bank boundary line under the methodology 
     established by the United States Supreme Court which 
     recognizes that the boundary line between the States of Texas 
     and Oklahoma along the Red River is subject to such changes 
     as have been or may be wrought by the natural and gradual 
     processes known as erosion and accretion as specified in the 
     second, third, and fourth paragraphs of the decree rendered 
     March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 43 S. Ct. 
     376, 67 L. Ed. 687.
                                 ______
                                 
  SA 3027. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and

[[Page S283]]

for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 4405. APPROVAL OF CERTAIN SETTLEMENTS.

       (a) Definitions.--Section 3 of the Endangered Species Act 
     of 1973 (16 U.S.C. 1532) is amended--
       (1) by redesignating--
       (A) paragraphs (1) through (4) as paragraphs (2) through 
     (5), respectively;
       (B) paragraphs (5) through (10) as paragraphs (7) through 
     (12), respectively; and
       (C) paragraphs (12) through (21) as paragraphs (13) through 
     (22), respectively;
       (2) by adding before paragraph (2) (as so redesignated) the 
     following:
       ``(1) Affected parties.--The term `affected party' means 
     any person, including a business entity, or any State, tribal 
     government, or local subdivision the rights of which may be 
     affected by a determination made under section 4(a) in a suit 
     brought under section 11(g)(1)(C).''; and
       (3) by adding after paragraph (5) (as so redesignated) the 
     following:
       ``(6) Covered settlement.--The term `covered settlement' 
     means a consent decree or a settlement agreement in an action 
     brought under section 11(g)(1)(C).''.
       (b) Intervention; Approval of Covered Settlement.--Section 
     11(g) of the Endangered Species Act of 1973 (16 U.S.C. 1540) 
     is amended--
       (1) in paragraph (3), by adding at the end the following:
       ``(C) Publishing complaint; intervention.--
       ``(i) Publishing complaint.--

       ``(I) In general.--Not later than 30 days after the date on 
     which the plaintiff serves the defendant with the complaint 
     in an action brought under paragraph (1)(C) in accordance 
     with Rule 4 of the Federal Rules of Civil Procedure, the 
     Secretary of the Interior shall publish the complaint in a 
     readily accessible manner, including electronically.
       ``(II) Failure to meet deadline.--The failure of the 
     Secretary to meet the 30-day deadline described in subclause 
     (I) shall not be the basis for an action under paragraph 
     (1)(C).

       ``(ii) Intervention.--

       ``(I) In general.--After the end of the 30-day period 
     described in clause (i), each affected party shall be given a 
     reasonable opportunity to move to intervene in the action 
     described in clause (i), until the end of which a party may 
     not file a motion for a consent decree or to dismiss the case 
     pursuant to a settlement agreement.
       ``(II) Rebuttable presumption.--In considering a motion to 
     intervene by any affected party, the court shall presume, 
     subject to rebuttal, that the interests of that party would 
     not be represented adequately by the parties to the action 
     described in clause (i).
       ``(III) Referral to alternative dispute resolution.--

       ``(aa) In general.--If the court grants a motion to 
     intervene in the action, the court shall refer the action to 
     facilitate settlement discussions to--
       ``(AA) the mediation program of the court; or
       ``(BB) a magistrate judge.
       ``(bb) Parties included in settlement discussions.--The 
     settlement discussions described in item (aa) shall include 
     each--
       ``(AA) plaintiff;
       ``(BB) defendant agency; and
       ``(CC) intervenor.'';
       (2) by striking paragraph (4) and inserting the following:
       ``(4) Litigation costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the court, in issuing any final order in any suit brought 
     under paragraph (1), may award costs of litigation (including 
     reasonable attorney and expert witness fees) to any party, 
     whenever the court determines such award is appropriate.
       ``(B) Covered settlement.--
       ``(i) Consent decrees.--The court shall not award costs of 
     litigation in any proposed covered settlement that is a 
     consent decree.
       ``(ii) Other covered settlements.--

       ``(I) In general.--For a proposed covered settlement other 
     than a consent decree, the court shall ensure that the 
     covered settlement does not include payment to any plaintiff 
     for the costs of litigation.
       ``(II) Motions.--The court shall not grant any motion, 
     including a motion to dismiss, based on the proposed covered 
     settlement described in subclause (I) if the covered 
     settlement includes payment to any plaintiff for the costs of 
     litigation.''; and

       (3) by adding at the end the following:
       ``(6) Approval of covered settlement.--
       ``(A) Definition of species.--In this paragraph, the term 
     `species' means a species that is the subject of an action 
     brought under paragraph (1)(C).
       ``(B) In general.--
       ``(i) Consent decrees.--The court shall not approve a 
     proposed covered settlement that is a consent decree unless 
     each State and county in which the Secretary of the Interior 
     believes a species occurs approves the covered settlement.
       ``(ii) Other covered settlements.--

       ``(I) In general.--For a proposed covered settlement other 
     than a consent decree, the court shall ensure that the 
     covered settlement is approved by each State and county in 
     which the Secretary of the Interior believes a species 
     occurs.
       ``(II) Motions.--The court shall not grant any motion, 
     including a motion to dismiss, based on the proposed covered 
     settlement described in subclause (I) unless the covered 
     settlement is approved by each State and county in which the 
     Secretary of the Interior believes a species occurs.

       ``(C) Notice.--
       ``(i) In general.--The Secretary of the Interior shall 
     provide each State and county in which the Secretary of the 
     Interior believes a species occurs notice of a proposed 
     covered settlement.
       ``(ii) Determination of relevant states and counties.--The 
     defendant in a covered settlement shall consult with each 
     State described in clause (i) to determine each county in 
     which the Secretary of the Interior believes a species 
     occurs.
       ``(D) Failure to respond.--The court may approve a covered 
     settlement or grant a motion described in subparagraph 
     (B)(ii)(II) if, not later than 45 days after the date on 
     which a State or county is notified under subparagraph (C)--
       ``(i)(I) a State or county fails to respond; and
       ``(II) of the States or counties that respond, each State 
     or county approves the covered settlement; or
       ``(ii) all of the States and counties fail to respond.
       ``(E) Proof of approval.--The defendant in a covered 
     settlement shall prove any State or county approval described 
     in this paragraph in a form--
       ``(i) acceptable to the State or county, as applicable; and
       ``(ii) signed by the State or county official authorized to 
     approve the covered settlement.''.
                                 ______
                                 
  SA 3028. Mr. COATS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. RELIEF PENDING REVIEW.

       Section 705 of title 5, United States Code, is amended--
       (1) by striking ``When'' and inserting the following:
       ``(a) In General.--When''; and
       (2) by adding at the end the following:
       ``(b) High-Impact Rules.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `Administrator' means the Administrator of 
     the Office of Information and Regulatory Affairs of the 
     Office of Management and Budget; and
       ``(B) the term `high-impact rule' means any rule that the 
     Administrator determines may impose an annual cost on the 
     economy of not less than $1,000,000,000.
       ``(2) Relief.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an agency shall postpone the effective date of a high-impact 
     rule of the agency pending judicial review.
       ``(B) Failure to timely seek judicial review.--
     Notwithstanding section 553(d), if no person seeks judicial 
     review of a high-impact rule during the 60-day period 
     beginning on the date on which the high-impact rule is 
     published in the Federal Register, the high-impact rule shall 
     take effect on the date that is 60 days after the date on 
     which the high-impact rule is published.''.
                                 ______
                                 
  SA 3029. Mr. BARRASSO (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

   TITLE VI--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION

     SECTION 6001. SHORT TITLE.

       This title may be cited as the ``Indian Tribal Energy 
     Development and Self-Determination Act Amendments of 2016''.

Subtitle A--Indian Tribal Energy Development and Self-determination Act 
                               Amendments

     SEC. 6011. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

       (a) In General.--Section 2602(a) of the Energy Policy Act 
     of 1992 (25 U.S.C. 3502(a)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) consult with each applicable Indian tribe before 
     adopting or approving a well spacing program or plan 
     applicable to the energy resources of that Indian tribe or 
     the members of that Indian tribe.''; and
       (2) by adding at the end the following:
       ``(4) Planning.--
       ``(A) In general.--In carrying out the program established 
     by paragraph (1), the Secretary shall provide technical 
     assistance to interested Indian tribes to develop energy 
     plans, including--
       ``(i) plans for electrification;
       ``(ii) plans for oil and gas permitting, renewable energy 
     permitting, energy efficiency, electricity generation, 
     transmission

[[Page S284]]

     planning, water planning, and other planning relating to 
     energy issues;
       ``(iii) plans for the development of energy resources and 
     to ensure the protection of natural, historic, and cultural 
     resources; and
       ``(iv) any other plans that would assist an Indian tribe in 
     the development or use of energy resources.
       ``(B) Cooperation.--In establishing the program under 
     paragraph (1), the Secretary shall work in cooperation with 
     the Office of Indian Energy Policy and Programs of the 
     Department of Energy.''.
       (b) Department of Energy Indian Energy Education Planning 
     and Management Assistance Program.--Section 2602(b)(2) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``, intertribal organization,'' after ``Indian tribe'';
       (2) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) activities to increase the capacity of Indian tribes 
     to manage energy development and energy efficiency 
     programs;''.
       (c) Department of Energy Loan Guarantee Program.--Section 
     2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) 
     is amended--
       (1) in paragraph (1), by inserting ``or a tribal energy 
     development organization'' after ``Indian tribe'';
       (2) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``guarantee'' and inserting ``guaranteed'';
       (B) in subparagraph (A), by striking ``or'';
       (C) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(C) a tribal energy development organization, from funds 
     of the tribal energy development organization.''; and
       (3) in paragraph (5), by striking ``The Secretary of Energy 
     may'' and inserting ``Not later than 1 year after the date of 
     enactment of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2016, the Secretary of Energy 
     shall''.

     SEC. 6012. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

       Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 
     3503(c)) is amended--
       (1) in paragraph (1), by striking ``on the request of an 
     Indian tribe, the Indian tribe'' and inserting ``on the 
     request of an Indian tribe or a tribal energy development 
     organization, the Indian tribe or tribal energy development 
     organization''; and
       (2) in paragraph (2)(B), by inserting ``or tribal energy 
     development organization'' after ``Indian tribe''.

     SEC. 6013. TRIBAL ENERGY RESOURCE AGREEMENTS.

       (a) Amendment.--Section 2604 of the Energy Policy Act of 
     1992 (25 U.S.C. 3504) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``or'' after the 
     semicolon at the end;
       (ii) in subparagraph (B)--

       (I) by striking clause (i) and inserting the following:

       ``(i) an electric production, generation, transmission, or 
     distribution facility (including a facility that produces 
     electricity from renewable energy resources) located on 
     tribal land; or''; and

       (II) in clause (ii)--

       (aa) by inserting ``, at least a portion of which have 
     been'' after ``energy resources'';
       (bb) by inserting ``or produced from'' after ``developed 
     on''; and
       (cc) by striking ``and'' after the semicolon at the end and 
     inserting ``or''; and
       (iii) by adding at the end the following:
       ``(C) pooling, unitization, or communitization of the 
     energy mineral resources of the Indian tribe located on 
     tribal land with any other energy mineral resource (including 
     energy mineral resources owned by the Indian tribe or an 
     individual Indian in fee, trust, or restricted status or by 
     any other persons or entities) if the owner, or, if 
     appropriate, lessee, of the resources has consented or 
     consents to the pooling, unitization, or communitization of 
     the other resources under any lease or agreement; and''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) a lease or business agreement described in paragraph 
     (1) shall not require review by, or the approval of, the 
     Secretary under section 2103 of the Revised Statutes (25 
     U.S.C. 81), or any other provision of law (including 
     regulations), if the lease or business agreement--
       ``(A) was executed--
       ``(i) in accordance with the requirements of a tribal 
     energy resource agreement in effect under subsection (e) 
     (including the periodic review and evaluation of the 
     activities of the Indian tribe under the agreement, to be 
     conducted pursuant to subparagraphs (D) and (E) of subsection 
     (e)(2)); or
       ``(ii) by the Indian tribe and a tribal energy development 
     organization for which the Indian tribe has obtained a 
     certification pursuant to subsection (h); and
       ``(B) has a term that does not exceed--
       ``(i) 30 years; or
       ``(ii) in the case of a lease for the production of oil 
     resources, gas resources, or both, 10 years and as long 
     thereafter as oil or gas is produced in paying quantities.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Rights-of-Way.--An Indian tribe may grant a right-of-
     way over tribal land without review or approval by the 
     Secretary if the right-of-way--
       ``(1) serves--
       ``(A) an electric production, generation, transmission, or 
     distribution facility (including a facility that produces 
     electricity from renewable energy resources) located on 
     tribal land;
       ``(B) a facility located on tribal land that extracts, 
     produces, processes, or refines energy resources; or
       ``(C) the purposes, or facilitates in carrying out the 
     purposes, of any lease or agreement entered into for energy 
     resource development on tribal land;
       ``(2) was executed--
       ``(A) in accordance with the requirements of a tribal 
     energy resource agreement in effect under subsection (e) 
     (including the periodic review and evaluation of the 
     activities of the Indian tribe under the agreement, to be 
     conducted pursuant to subparagraphs (D) and (E) of subsection 
     (e)(2)); or
       ``(B) by the Indian tribe and a tribal energy development 
     organization for which the Indian tribe has obtained a 
     certification pursuant to subsection (h); and
       ``(3) has a term that does not exceed 30 years.'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Validity.--No lease or business agreement entered 
     into, or right-of-way granted, pursuant to this section shall 
     be valid unless the lease, business agreement, or right-of-
     way is authorized by subsection (a) or (b).'';
       (4) in subsection (e)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--
       ``(A) Authorization.--On or after the date of enactment of 
     the Indian Tribal Energy Development and Self-Determination 
     Act Amendments of 2016, a qualified Indian tribe may submit 
     to the Secretary a tribal energy resource agreement governing 
     leases, business agreements, and rights-of-way under this 
     section.
       ``(B) Notice of complete proposed agreement.--Not later 
     than 60 days after the date on which the tribal energy 
     resource agreement is submitted under subparagraph (A), the 
     Secretary shall--
       ``(i) notify the Indian tribe as to whether the agreement 
     is complete or incomplete;
       ``(ii) if the agreement is incomplete, notify the Indian 
     tribe of what information or documentation is needed to 
     complete the submission; and
       ``(iii) identify and notify the Indian tribe of the 
     financial assistance, if any, to be provided by the Secretary 
     to the Indian tribe to assist in the implementation of the 
     tribal energy resource agreement, including the environmental 
     review of individual projects.
       ``(C) Effect.--Nothing in this paragraph precludes the 
     Secretary from providing any financial assistance at any time 
     to the Indian tribe to assist in the implementation of the 
     tribal energy resource agreement.'';
       (B) in paragraph (2)--
       (i) by striking ``(2)(A)'' and all that follows through the 
     end of subparagraph (A) and inserting the following:
       ``(2) Procedure.--
       ``(A) Effective date.--
       ``(i) In general.--On the date that is 271 days after the 
     date on which the Secretary receives a tribal energy resource 
     agreement from a qualified Indian tribe under paragraph (1), 
     the tribal energy resource agreement shall take effect, 
     unless the Secretary disapproves the tribal energy resource 
     agreement under subparagraph (B).
       ``(ii) Revised tribal energy resource agreement.--On the 
     date that is 91 days after the date on which the Secretary 
     receives a revised tribal energy resource agreement from a 
     qualified Indian tribe under paragraph (4)(B), the revised 
     tribal energy resource agreement shall take effect, unless 
     the Secretary disapproves the revised tribal energy resource 
     agreement under subparagraph (B).'';
       (ii) in subparagraph (B)--

       (I) by striking ``(B)'' and all that follows through clause 
     (ii) and inserting the following:

       ``(B) Disapproval.--The Secretary shall disapprove a tribal 
     energy resource agreement submitted pursuant to paragraph (1) 
     or (4)(B) only if--
       ``(i) a provision of the tribal energy resource agreement 
     violates applicable Federal law (including regulations) or a 
     treaty applicable to the Indian tribe;
       ``(ii) the tribal energy resource agreement does not 
     include 1 or more provisions required under subparagraph (D); 
     or''; and

       (II) in clause (iii)--

       (aa) in the matter preceding subclause (I), by striking 
     ``includes'' and all that follows through ``section--'' and 
     inserting ``does not include provisions that, with respect to 
     any lease, business agreement, or right-of-way to which the 
     tribal energy resource agreement applies--'';
       (bb) by striking subclauses (I), (II), (V), (VIII), and 
     (XV);
       (cc) by redesignating clauses (III), (IV), (VI), (VII), 
     (IX) through (XIV), and (XVI) as clauses (I), (II), (III), 
     (IV), (V) through (X), and (XI), respectively;
       (dd) in item (bb) of subclause (XI) (as redesignated by 
     item (cc))--
       (AA) by striking ``or tribal''; and
       (BB) by striking the period at the end and inserting a 
     semicolon; and

[[Page S285]]

       (ee) by adding at the end the following:

       ``(XII) include a certification by the Indian tribe that 
     the Indian tribe has--

       ``(aa) carried out a contract or compact under title I or 
     IV of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450 et seq.) for a period of not less than 3 
     consecutive years ending on the date on which the Indian 
     tribe submits the application without material audit 
     exception (or without any material audit exceptions that were 
     not corrected within the 3-year period) relating to the 
     management of tribal land or natural resources; or
       ``(bb) substantial experience in the administration, 
     review, or evaluation of energy resource leases or agreements 
     or has otherwise substantially participated in the 
     administration, management, or development of energy 
     resources located on the tribal land of the Indian tribe; and

       ``(XIII) at the option of the Indian tribe, identify which 
     functions, if any, authorizing any operational or development 
     activities pursuant to a lease, right-of-way, or business 
     agreement approved by the Indian tribe, that the Indian tribe 
     intends to conduct.'';

       (iii) in subparagraph (C)--

       (I) by striking clauses (i) and (ii);
       (II) by redesignating clauses (iii) through (v) as clauses 
     (ii) through (iv), respectively; and
       (III) by inserting before clause (ii) (as redesignated by 
     subclause (II)) the following:

       ``(i) a process for ensuring that--

       ``(I) the public is informed of, and has reasonable 
     opportunity to comment on, any significant environmental 
     impacts of the proposed action; and
       ``(II) the Indian tribe provides responses to relevant and 
     substantive public comments on any impacts described in 
     subclause (I) before the Indian tribe approves the lease, 
     business agreement, or right-of-way.'';

       (iv) in subparagraph (D)(ii), by striking ``subparagraph 
     (B)(iii)(XVI)'' and inserting ``subparagraph (B)(iv)(XI)''; 
     and
       (v) by adding at the end the following:
       ``(F) Effective period.--A tribal energy resource agreement 
     that takes effect pursuant to this subsection shall remain in 
     effect to the extent any provision of the tribal energy 
     resource agreement is consistent with applicable Federal law 
     (including regulations), unless the tribal energy resource 
     agreement is--
       ``(i) rescinded by the Secretary pursuant to paragraph 
     (7)(D)(iii)(II); or
       ``(ii) voluntarily rescinded by the Indian tribe pursuant 
     to the regulations promulgated under paragraph (8)(B) (or 
     successor regulations).'';
       (C) in paragraph (4), by striking ``date of disapproval'' 
     and all that follows through the end of subparagraph (C) and 
     inserting the following: ``date of disapproval, provide the 
     Indian tribe with--
       ``(A) a detailed, written explanation of--
       ``(i) each reason for the disapproval; and
       ``(ii) the revisions or changes to the tribal energy 
     resource agreement necessary to address each reason; and
       ``(B) an opportunity to revise and resubmit the tribal 
     energy resource agreement.'';
       (D) in paragraph (6)--
       (i) in subparagraph (B)--

       (I) by striking ``(B) Subject to'' and inserting the 
     following:

       ``(B) Subject only to''; and

       (II) by striking ``subparagraph (D)'' and inserting 
     ``subparagraphs (C) and (D)'';

       (ii) in subparagraph (C), in the matter preceding clause 
     (i), by inserting ``to perform the obligations of the 
     Secretary under this section and'' before ``to ensure''; and
       (iii) in subparagraph (D), by adding at the end the 
     following:
       ``(iii) Nothing in this section absolves, limits, or 
     otherwise affects the liability, if any, of the United States 
     for any--

       ``(I) term of any lease, business agreement, or right-of-
     way under this section that is not a negotiated term; or
       ``(II) losses that are not the result of a negotiated term, 
     including losses resulting from the failure of the Secretary 
     to perform an obligation of the Secretary under this 
     section.'';

       (E) in paragraph (7)--
       (i) in subparagraph (A), by striking ``has demonstrated'' 
     and inserting ``the Secretary determines has demonstrated 
     with substantial evidence'';
       (ii) in subparagraph (B), by striking ``any tribal remedy'' 
     and inserting ``all remedies (if any) provided under the laws 
     of the Indian tribe'';
       (iii) in subparagraph (D)--

       (I) in clause (i), by striking ``determine'' and all that 
     follows through the end of the clause and inserting the 
     following: ``determine--

       ``(I) whether the petitioner is an interested party; and
       ``(II) if the petitioner is an interested party, whether 
     the Indian tribe is not in compliance with the tribal energy 
     resource agreement as alleged in the petition.'';

       (II) in clause (ii), by striking ``determination'' and 
     inserting ``determinations''; and
       (III) in clause (iii), in the matter preceding subclause 
     (I) by striking ``agreement'' the first place it appears and 
     all that follows through ``, including'' and inserting 
     ``agreement pursuant to clause (i), the Secretary shall only 
     take such action as the Secretary determines necessary to 
     address the claims of noncompliance made in the petition, 
     including'';

       (iv) in subparagraph (E)(i), by striking ``the manner in 
     which'' and inserting ``, with respect to each claim made in 
     the petition, how''; and
       (v) by adding at the end the following:
       ``(G) Notwithstanding any other provision of this 
     paragraph, the Secretary shall dismiss any petition from an 
     interested party that has agreed with the Indian tribe to a 
     resolution of the claims presented in the petition of that 
     party.'';
       (F) in paragraph (8)--
       (i) by striking subparagraph (A);
       (ii) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (A) through (C), respectively; and
       (iii) in subparagraph (A) (as redesignated by clause 
     (ii))--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by adding ``and'' after the semicolon; 
     and
       (III) by adding at the end the following:

       ``(iii) amend an approved tribal energy resource agreement 
     to assume authority for approving leases, business 
     agreements, or rights-of-way for development of another 
     energy resource that is not included in an approved tribal 
     energy resource agreement without being required to apply for 
     a new tribal energy resource agreement;'' and
       (G) by adding at the end the following:
       ``(9) Effect.--Nothing in this section authorizes the 
     Secretary to deny a tribal energy resource agreement or any 
     amendment to a tribal energy resource agreement, or to limit 
     the effect or implementation of this section, due to lack of 
     promulgated regulations.'';
       (5) by redesignating subsection (g) as subsection (j); and
       (6) by inserting after subsection (f) the following:
       ``(g) Financial Assistance in Lieu of Activities by the 
     Secretary.--
       ``(1) In general.--Any amounts that the Secretary would 
     otherwise expend to operate or carry out any program, 
     function, service, or activity (or any portion of a program, 
     function, service, or activity) of the Department that, as a 
     result of an Indian tribe carrying out activities under a 
     tribal energy resource agreement, the Secretary does not 
     expend, the Secretary shall, at the request of the Indian 
     tribe, make available to the Indian tribe in accordance with 
     this subsection.
       ``(2) Annual funding agreements.--The Secretary shall make 
     the amounts described in paragraph (1) available to an Indian 
     tribe through an annual written funding agreement that is 
     negotiated and entered into with the Indian tribe that is 
     separate from the tribal energy resource agreement.
       ``(3) Effect of appropriations.--Notwithstanding paragraph 
     (1)--
       ``(A) the provision of amounts to an Indian tribe under 
     this subsection is subject to the availability of 
     appropriations; and
       ``(B) the Secretary shall not be required to reduce amounts 
     for programs, functions, services, or activities that serve 
     any other Indian tribe to make amounts available to an Indian 
     tribe under this subsection.
       ``(4) Determination.--
       ``(A) In general.--The Secretary shall calculate the 
     amounts under paragraph (1) in accordance with the 
     regulations adopted under section 6013(b) of the Indian 
     Tribal Energy Development and Self-Determination Act 
     Amendments of 2016.
       ``(B) Applicability.--The effective date or implementation 
     of a tribal energy resource agreement under this section 
     shall not be delayed or otherwise affected by--
       ``(i) a delay in the promulgation of regulations under 
     section 6013(b) of the Indian Tribal Energy Development and 
     Self-Determination Act Amendments of 2016;
       ``(ii) the period of time needed by the Secretary to make 
     the calculation required under paragraph (1); or
       ``(iii) the adoption of a funding agreement under paragraph 
     (2).
       ``(h) Certification of Tribal Energy Development 
     Organization.--
       ``(1) In general.--Not later than 90 days after the date on 
     which an Indian tribe submits an application for 
     certification of a tribal energy development organization in 
     accordance with regulations promulgated under section 6013(b) 
     of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2016, the Secretary shall 
     approve or disapprove the application.
       ``(2) Requirements.--The Secretary shall approve an 
     application for certification if--
       ``(A)(i) the Indian tribe has carried out a contract or 
     compact under title I or IV of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.); and
       ``(ii) for a period of not less than 3 consecutive years 
     ending on the date on which the Indian tribe submits the 
     application, the contract or compact--
       ``(I) has been carried out by the Indian tribe without 
     material audit exceptions (or without any material audit 
     exceptions that were not corrected within the 3-year period); 
     and
       ``(II) has included programs or activities relating to the 
     management of tribal land; and
       ``(B)(i) the tribal energy development organization is 
     organized under the laws of the Indian tribe;
       ``(ii)(I) the majority of the interest in the tribal energy 
     development organization is owned and controlled by the 
     Indian tribe (or the Indian tribe and 1 or more other Indian 
     tribes) the tribal land of which is being developed; and

[[Page S286]]

       ``(II) the organizing document of the tribal energy 
     development organization requires that the Indian tribe with 
     jurisdiction over the land maintain at all times the 
     controlling interest in the tribal energy development 
     organization;
       ``(iii) the organizing document of the tribal energy 
     development organization requires that the Indian tribe (or 
     the Indian tribe and 1 or more other Indian tribes) the 
     tribal land of which is being developed own and control at 
     all times a majority of the interest in the tribal energy 
     development organization; and
       ``(iv) the organizing document of the tribal energy 
     development organization includes a statement that the 
     organization shall be subject to the jurisdiction, laws, and 
     authority of the Indian tribe.
       ``(3) Action by secretary.--If the Secretary approves an 
     application for certification pursuant to paragraph (2), the 
     Secretary shall, not more than 10 days after making the 
     determination--
       ``(A) issue a certification stating that--
       ``(i) the tribal energy development organization is 
     organized under the laws of the Indian tribe and subject to 
     the jurisdiction, laws, and authority of the Indian tribe;
       ``(ii) the majority of the interest in the tribal energy 
     development organization is owned and controlled by the 
     Indian tribe (or the Indian tribe and 1 or more other Indian 
     tribes) the tribal land of which is being developed;
       ``(iii) the organizing document of the tribal energy 
     development organization requires that the Indian tribe with 
     jurisdiction over the land maintain at all times the 
     controlling interest in the tribal energy development 
     organization;
       ``(iv) the organizing document of the tribal energy 
     development organization requires that the Indian tribe (or 
     the Indian tribe and 1 or more other Indian tribes the tribal 
     land of which is being developed) own and control at all 
     times a majority of the interest in the tribal energy 
     development organization; and
       ``(v) the certification is issued pursuant this subsection;
       ``(B) deliver a copy of the certification to the Indian 
     tribe; and
       ``(C) publish the certification in the Federal Register.
       ``(i) Sovereign Immunity.--Nothing in this section waives 
     the sovereign immunity of an Indian tribe.''.
       (b) Regulations.--Not later than 1 year after the date of 
     enactment of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2016, the Secretary shall 
     promulgate or update any regulations that are necessary to 
     implement this section, including provisions to implement--
       (1) section 2604(e)(8) of the Energy Policy Act of 1992 (25 
     U.S.C. 3504(e)(8)), including the process to be followed by 
     an Indian tribe amending an existing tribal energy resource 
     agreement to assume authority for approving leases, business 
     agreements, or rights-of-way for development of an energy 
     resource that is not included in the tribal energy resource 
     agreement;
       (2) section 2604(g) of the Energy Policy Act of 1992 (25 
     U.S.C. 3504(g)) including the manner in which the Secretary, 
     at the request of an Indian tribe, shall--
       (A) identify the programs, functions, services, and 
     activities (or any portions of programs, functions, services, 
     or activities) that the Secretary will not have to operate or 
     carry out as a result of the Indian tribe carrying out 
     activities under a tribal energy resource agreement;
       (B) identify the amounts that the Secretary would have 
     otherwise expended to operate or carry out each program, 
     function, service, and activity (or any portion of a program, 
     function, service, or activity) identified pursuant to 
     subparagraph (A); and
       (C) provide to the Indian tribe a list of the programs, 
     functions, services, and activities (or any portions of 
     programs, functions, services, or activities) identified 
     pursuant subparagraph (A) and the amounts associated with 
     each program, function, service, and activity (or any portion 
     of a program, function, service, or activity) identified 
     pursuant to subparagraph (B); and
       (3) section 2604(h) of the Energy Policy Act of 1992 (25 
     U.S.C. 3504(h)), including the process to be followed by, and 
     any applicable criteria and documentation required for, an 
     Indian tribe to request and obtain the certification 
     described in that section.

     SEC. 6014. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 
                   GOVERNMENTS.

       Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 
     3502(b)) is amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Technical and scientific resources.--In addition to 
     providing grants to Indian tribes under this subsection, the 
     Secretary shall collaborate with the Directors of the 
     National Laboratories in making the full array of technical 
     and scientific resources of the Department of Energy 
     available for tribal energy activities and projects.''.

     SEC. 6015. CONFORMING AMENDMENTS.

       (a) Definition of Tribal Energy Development Organization.--
     Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 
     3501) is amended--
       (1) by redesignating paragraphs (9) through (12) as 
     paragraphs (10) through (13), respectively;
       (2) by inserting after paragraph (8) the following:
       ``(9) The term `qualified Indian tribe' means an Indian 
     tribe that has--
       ``(A) carried out a contract or compact under title I or IV 
     of the Indian Self Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) for a period of not less than 3 
     consecutive years ending on the date on which the Indian 
     tribe submits the application without material audit 
     exception (or without any material audit exceptions that were 
     not corrected within the 3-year period) relating to the 
     management of tribal land or natural resources; or
       ``(B) substantial experience in the administration, review, 
     or evaluation of energy resource leases or agreements or has 
     otherwise substantially participated in the administration, 
     management, or development of energy resources located on the 
     tribal land of the Indian tribe.''; and
       (3) by striking paragraph (12) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(12) The term `tribal energy development organization' 
     means--
       ``(A) any enterprise, partnership, consortium, corporation, 
     or other type of business organization that is engaged in the 
     development of energy resources and is wholly owned by an 
     Indian tribe (including an organization incorporated pursuant 
     to section 17 of the Indian Reorganization Act of 1934 (25 
     U.S.C. 477) or section 3 of the Act of June 26, 1936 (25 
     U.S.C. 503) (commonly known as the `Oklahoma Indian Welfare 
     Act')); and
       ``(B) any organization of 2 or more entities, at least 1 of 
     which is an Indian tribe, that has the written consent of the 
     governing bodies of all Indian tribes participating in the 
     organization to apply for a grant, loan, or other assistance 
     under section 2602 or to enter into a lease or business 
     agreement with, or acquire a right-of-way from, an Indian 
     tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of 
     section 2604.''.
       (b) Indian Tribal Energy Resource Development.--Section 
     2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``tribal energy resource 
     development organizations'' and inserting ``tribal energy 
     development organizations''; and
       (B) in paragraph (2), by striking ``tribal energy resource 
     development organizations'' each place it appears and 
     inserting ``tribal energy development organizations''; and
       (2) in subsection (b)(2), by striking ``tribal energy 
     resource development organization'' and inserting ``tribal 
     energy development organization''.
       (c) Wind and Hydropower Feasibility Study.--Section 
     2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C. 
     3506(c)(3)) is amended by striking ``energy resource 
     development'' and inserting ``energy development''.
       (d) Conforming Amendments.--Section 2604(e) of the Energy 
     Policy Act of 1992 (25 U.S.C. 3504(e)) is amended--
       (1) in paragraph (3)--
       (A) by striking ``(3) The Secretary'' and inserting the 
     following:
       ``(3) Notice and comment; secretarial review.--The 
     Secretary''; and
       (B) by striking ``for approval'';
       (2) in paragraph (4), by striking ``(4) If the Secretary'' 
     and inserting the following:
       ``(4) Action in case of disapproval.--If the Secretary'';
       (3) in paragraph (5)--
       (A) by striking ``(5) If an Indian tribe'' and inserting 
     the following:
       ``(5) Provision of documents to secretary.--If an Indian 
     tribe''; and
       (B) in the matter preceding subparagraph (A), by striking 
     ``approved'' and inserting ``in effect'';
       (4) in paragraph (6)--
       (A) by striking ``(6)(A) In carrying out'' and inserting 
     the following:
       ``(6) Secretarial obligations and effect of section.--
       ``(A) In carrying out'';
       (B) in subparagraph (A), by indenting clauses (i) and (ii) 
     appropriately;
       (C) in subparagraph (B), by striking ``approved'' and 
     inserting ``in effect''; and
       (D) in subparagraph (D)--
       (i) in clause (i), by striking ``an approved tribal energy 
     resource agreement'' and inserting ``a tribal energy resource 
     agreement in effect under this section''; and
       (ii) in clause (ii), by striking ``approved by the 
     Secretary'' and inserting ``in effect''; and
       (5) in paragraph (7)--
       (A) by striking ``(7)(A) In this paragraph'' and inserting 
     the following:
       ``(7) Petitions by interested parties.--
       ``(A) In this paragraph'';
       (B) in subparagraph (A), by striking ``approved by the 
     Secretary'' and inserting ``in effect'';
       (C) in subparagraph (B), by striking ``approved by the 
     Secretary'' and inserting ``in effect''; and
       (D) in subparagraph (D)(iii)--
       (i) in subclause (I), by striking ``approved''; and
       (ii) in subclause (II)--

       (I) by striking ``approval of'' in the first place it 
     appears; and
       (II) by striking ``subsection (a) or (b)'' and inserting 
     ``subsection (a)(2)(A)(i) or (b)(2)(A)''.

     SEC. 6016. REPORT.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the Committee on Indian Affairs of the Senate and 
     the Committee on Natural Resources of

[[Page S287]]

     the House of Representatives a report that details with 
     respect to activities for energy development on Indian land, 
     how the Department of the Interior--
       (1) processes and completes the reviews of energy-related 
     documents in a timely and transparent manner;
       (2) monitors the timeliness of agency review for all 
     energy-related documents;
       (3) maintains databases to track and monitor the review and 
     approval process for energy-related documents associated with 
     conventional and renewable Indian energy resources that 
     require Secretarial approval prior to development, 
     including--
       (A) any seismic exploration permits;
       (B) permission to survey;
       (C) archeological and cultural surveys;
       (D) access permits;
       (E) environmental assessments;
       (F) oil and gas leases;
       (G) surface leases;
       (H) rights-of-way agreements; and
       (I) communitization agreements;
       (4) identifies in the databases--
       (A) the date lease applications and permits are received by 
     the agency;
       (B) the status of the review;
       (C) the date the application or permit is considered 
     complete and ready for review;
       (D) the date of approval; and
       (E) the start and end dates for any significant delays in 
     the review process;
       (5) tracks in the databases, for all energy-related leases, 
     agreements, applications, and permits that involve multiple 
     agency review--
       (A) the dates documents are transferred between agencies;
       (B) the status of the review;
       (C) the date the required reviews are completed; and
       (D) the date interim or final decisions are issued.
       (b) Inclusions.--The report under subsection (a) shall 
     include--
       (1) a description of any intermediate and final deadlines 
     for agency action on any Secretarial review and approval 
     required for Indian conventional and renewable energy 
     exploration and development activities;
       (2) a description of the existing geographic database 
     established by the Bureau of Indian Affairs, explaining--
       (A) how the database identifies--
       (i) the location and ownership of all Indian oil and gas 
     resources held in trust;
       (ii) resources available for lease; and
       (iii) the location of--

       (I) any lease of land held in trust or restricted fee on 
     behalf of any Indian tribe or individual Indian; and
       (II) any rights-of-way on that land in effect;

       (B) how the information from the database is made available 
     to--
       (i) the officials of the Bureau of Indian Affairs with 
     responsibility over the management and development of Indian 
     resources; and
       (ii) resource owners; and
       (C) any barriers to identifying the information described 
     in subparagraphs (A) and (B) or any deficiencies in that 
     information; and
       (3) an evaluation of--
       (A) the ability of each applicable agency to track and 
     monitor the review and approval process of the agency for 
     Indian energy development; and
       (B) the extent to which each applicable agency complies 
     with any intermediate and final deadlines.

                  Subtitle B--Miscellaneous Amendments

     SEC. 6201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.

       (a) In General.--Section 7(a) of the Federal Power Act (16 
     U.S.C. 800(a)) is amended by striking ``States and 
     municipalities'' and inserting ``States, Indian tribes, and 
     municipalities''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall not affect--
       (1) any preliminary permit or original license issued 
     before the date of enactment of the Indian Tribal Energy 
     Development and Self-Determination Act Amendments of 2016; or
       (2) an application for an original license, if the 
     Commission has issued a notice accepting that application for 
     filing pursuant to section 4.32(d) of title 18, Code of 
     Federal Regulations (or successor regulations), before the 
     date of enactment of the Indian Tribal Energy Development and 
     Self-Determination Act Amendments of 2016.
       (c) Definition of Indian Tribe.--For purposes of section 
     7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended 
     by subsection (a)), the term ``Indian tribe'' has the meaning 
     given the term in section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b).

     SEC. 6202. TRIBAL BIOMASS DEMONSTRATION PROJECT.

       (a) Purpose.--The purpose of this section is to establish a 
     biomass demonstration project for federally recognized Indian 
     tribes and Alaska Native corporations to promote biomass 
     energy production.
       (b) Tribal Biomass Demonstration Project.--The Tribal 
     Forest Protection Act of 2004 (Public Law 108-278; 118 Stat. 
     868) is amended--
       (1) in section 2(a), by striking ``In this section'' and 
     inserting ``In this Act''; and
       (2) by adding at the end the following:

     ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

       ``(a) Stewardship Contracts or Similar Agreements.--For 
     each of fiscal years 2017 through 2021, the Secretary shall 
     enter into stewardship contracts or similar agreements 
     (excluding direct service contracts) with Indian tribes to 
     carry out demonstration projects to promote biomass energy 
     production (including biofuel, heat, and electricity 
     generation) on Indian forest land and in nearby communities 
     by providing reliable supplies of woody biomass from Federal 
     land.
       ``(b) Demonstration Projects.--In each fiscal year for 
     which projects are authorized, at least 4 new demonstration 
     projects that meet the eligibility criteria described in 
     subsection (c) shall be carried out under contracts or 
     agreements described in subsection (a).
       ``(c) Eligibility Criteria.--To be eligible to enter into a 
     contract or agreement under this section, an Indian tribe 
     shall submit to the Secretary an application--
       ``(1) containing such information as the Secretary may 
     require; and
       ``(2) that includes a description of--
       ``(A) the Indian forest land or rangeland under the 
     jurisdiction of the Indian tribe; and
       ``(B) the demonstration project proposed to be carried out 
     by the Indian tribe.
       ``(d) Selection.--In evaluating the applications submitted 
     under subsection (c), the Secretary shall--
       ``(1) take into consideration--
       ``(A) the factors set forth in paragraphs (1) and (2) of 
     section 2(e); and
       ``(B) whether a proposed project would--
       ``(i) increase the availability or reliability of local or 
     regional energy;
       ``(ii) enhance the economic development of the Indian 
     tribe;
       ``(iii) result in or improve the connection of electric 
     power transmission facilities serving the Indian tribe with 
     other electric transmission facilities;
       ``(iv) improve the forest health or watersheds of Federal 
     land or Indian forest land or rangeland;
       ``(v) demonstrate new investments in infrastructure; or
       ``(vi) otherwise promote the use of woody biomass; and
       ``(2) exclude from consideration any merchantable logs that 
     have been identified by the Secretary for commercial sale.
       ``(e) Implementation.--The Secretary shall--
       ``(1) ensure that the criteria described in subsection (c) 
     are publicly available by not later than 120 days after the 
     date of enactment of this section; and
       ``(2) to the maximum extent practicable, consult with 
     Indian tribes and appropriate intertribal organizations 
     likely to be affected in developing the application and 
     otherwise carrying out this section.
       ``(f) Report.--Not later than September 20, 2019, the 
     Secretary shall submit to Congress a report that describes, 
     with respect to the reporting period--
       ``(1) each individual tribal application received under 
     this section; and
       ``(2) each contract and agreement entered into pursuant to 
     this section.
       ``(g) Incorporation of Management Plans.--In carrying out a 
     contract or agreement under this section, on receipt of a 
     request from an Indian tribe, the Secretary shall incorporate 
     into the contract or agreement, to the maximum extent 
     practicable, management plans (including forest management 
     and integrated resource management plans) in effect on the 
     Indian forest land or rangeland of the respective Indian 
     tribe.
       ``(h) Term.--A contract or agreement entered into under 
     this section--
       ``(1) shall be for a term of not more than 20 years; and
       ``(2) may be renewed in accordance with this section for 
     not more than an additional 10 years.''.
       (c) Alaska Native Biomass Demonstration Project.--
       (1) Definitions.--In this subsection:
       (A) Federal land.--The term ``Federal land'' means--
       (i) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service; and
       (ii) public lands (as defined in section 103 of the Federal 
     Land Policy Management Act of 1976 (43 U.S.C. 1702)), the 
     surface of which is administered by the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.
       (B) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (C) Secretary.--The term ``Secretary'' means--
       (i) the Secretary of Agriculture, with respect to land 
     under the jurisdiction of the Forest Service; and
       (ii) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Bureau of Land Management.
       (D) Tribal organization.--The term ``tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).
       (2) Agreements.--For each of fiscal years 2017 through 
     2021, the Secretary shall enter into an agreement or contract 
     with an Indian tribe or a tribal organization to carry out a 
     demonstration project to promote biomass energy production 
     (including biofuel, heat, and electricity generation) by 
     providing reliable supplies of woody biomass from Federal 
     land.
       (3) Demonstration projects.--In each fiscal year for which 
     projects are authorized, at

[[Page S288]]

     least 1 new demonstration project that meets the eligibility 
     criteria described in paragraph (4) shall be carried out 
     under contracts or agreements described in paragraph (2).
       (4) Eligibility criteria.--To be eligible to enter into a 
     contract or agreement under this subsection, an Indian tribe 
     or tribal organization shall submit to the Secretary an 
     application--
       (A) containing such information as the Secretary may 
     require; and
       (B) that includes a description of the demonstration 
     project proposed to be carried out by the Indian tribe or 
     tribal organization.
       (5) Selection.--In evaluating the applications submitted 
     under paragraph (4), the Secretary shall--
       (A) take into consideration whether a proposed project 
     would--
       (i) increase the availability or reliability of local or 
     regional energy;
       (ii) enhance the economic development of the Indian tribe;
       (iii) result in or improve the connection of electric power 
     transmission facilities serving the Indian tribe with other 
     electric transmission facilities;
       (iv) improve the forest health or watersheds of Federal 
     land or non-Federal land;
       (v) demonstrate new investments in infrastructure; or
       (vi) otherwise promote the use of woody biomass; and
       (B) exclude from consideration any merchantable logs that 
     have been identified by the Secretary for commercial sale.
       (6) Implementation.--The Secretary shall--
       (A) ensure that the criteria described in paragraph (4) are 
     publicly available by not later than 120 days after the date 
     of enactment of this subsection; and
       (B) to the maximum extent practicable, consult with Indian 
     tribes and appropriate tribal organizations likely to be 
     affected in developing the application and otherwise carrying 
     out this subsection.
       (7) Report.--Not later than September 20, 2019, the 
     Secretary shall submit to Congress a report that describes, 
     with respect to the reporting period--
       (A) each individual application received under this 
     subsection; and
       (B) each contract and agreement entered into pursuant to 
     this subsection.
       (8) Term.--A contract or agreement entered into under this 
     subsection--
       (A) shall be for a term of not more than 20 years; and
       (B) may be renewed in accordance with this subsection for 
     not more than an additional 10 years.

     SEC. 6203. WEATHERIZATION PROGRAM.

       Section 413(d) of the Energy Conservation and Production 
     Act (42 U.S.C. 6863(d)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Reservation of amounts.--
       ``(A) In general.--Subject to subparagraph (B) and 
     notwithstanding any other provision of this part, the 
     Secretary shall reserve from amounts that would otherwise be 
     allocated to a State under this part not less than 100 
     percent, but not more than 150 percent, of an amount which 
     bears the same proportion to the allocation of that State for 
     the applicable fiscal year as the population of all low-
     income members of an Indian tribe in that State bears to the 
     population of all low-income individuals in that State.
       ``(B) Restrictions.--Subparagraph (A) shall apply only if--
       ``(i) the tribal organization serving the low-income 
     members of the applicable Indian tribe requests that the 
     Secretary make a grant directly; and
       ``(ii) the Secretary determines that the low-income members 
     of the applicable Indian tribe would be equally or better 
     served by making a grant directly than a grant made to the 
     State in which the low-income members reside.
       ``(C) Presumption.--If the tribal organization requesting 
     the grant is a tribally designated housing entity (as defined 
     in section 4 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4103)) that has 
     operated without material audit exceptions (or without any 
     material audit exceptions that were not corrected within a 3-
     year period), the Secretary shall presume that the low-income 
     members of the applicable Indian tribe would be equally or 
     better served by making a grant directly to the tribal 
     organization than by a grant made to the State in which the 
     low-income members reside.'';
       (2) in paragraph (2)--
       (A) by striking ``The sums'' and inserting 
     ``Administration.--The amounts'';
       (B) by striking ``on the basis of his determination'';
       (C) by striking ``individuals for whom such a determination 
     has been made'' and inserting ``low-income members of the 
     Indian tribe''; and
       (D) by striking ``he'' and inserting ``the Secretary''; and
       (3) in paragraph (3), by striking ``In order'' and 
     inserting ``Application.--In order''.

     SEC. 6204. APPRAISALS.

       (a) In General.--Title XXVI of the Energy Policy Act of 
     1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 2607. APPRAISALS.

       ``(a) In General.--For any transaction that requires 
     approval of the Secretary and involves mineral or energy 
     resources held in trust by the United States for the benefit 
     of an Indian tribe or by an Indian tribe subject to Federal 
     restrictions against alienation, any appraisal relating to 
     fair market value of those resources required to be prepared 
     under applicable law may be prepared by--
       ``(1) the Secretary;
       ``(2) the affected Indian tribe; or
       ``(3) a certified, third-party appraiser pursuant to a 
     contract with the Indian tribe.
       ``(b) Secretarial Review and Approval.--Not later than 45 
     days after the date on which the Secretary receives an 
     appraisal prepared by or for an Indian tribe under paragraph 
     (2) or (3) of subsection (a), the Secretary shall--
       ``(1) review the appraisal; and
       ``(2) approve the appraisal unless the Secretary determines 
     that the appraisal fails to meet the standards set forth in 
     regulations promulgated under subsection (d).
       ``(c) Notice of Disapproval.--If the Secretary determines 
     that an appraisal submitted for approval under subsection (b) 
     should be disapproved, the Secretary shall give written 
     notice of the disapproval to the Indian tribe and a 
     description of--
       ``(1) each reason for the disapproval; and
       ``(2) how the appraisal should be corrected or otherwise 
     cured to meet the applicable standards set forth in the 
     regulations promulgated under subsection (d).
       ``(d) Regulations.--The Secretary shall promulgate 
     regulations to carry out this section, including standards 
     the Secretary shall use for approving or disapproving the 
     appraisal described in subsection (a).''.

     SEC. 6205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.

       (a) In General.--Subsection (e)(1) of the first section of 
     the Act of August 9, 1955 (commonly known as the ``Long-Term 
     Leasing Act'') (25 U.S.C. 415(e)(1)), is amended--
       (1) by striking ``, except a lease for'' and inserting ``, 
     including a lease for'';
       (2) by striking subparagraph (A) and inserting the 
     following:
       ``(A) in the case of a business or agricultural lease, 99 
     years;'';
       (3) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(C) in the case of a lease for the exploration, 
     development, or extraction of any mineral resource (including 
     geothermal resources), 25 years, except that--
       ``(i) any such lease may include an option to renew for 1 
     additional term of not to exceed 25 years; and
       ``(ii) any such lease for the exploration, development, or 
     extraction of an oil or gas resource shall be for a term of 
     not to exceed 10 years, plus such additional period as the 
     Navajo Nation determines to be appropriate in any case in 
     which an oil or gas resource is produced in a paying 
     quantity.''.
       (b) GAO Report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall prepare and submit to Congress a report 
     describing the progress made in carrying out the amendment 
     made by subsection (a).

     SEC. 6206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW 
                   TRIBE OF MONTANA.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (25 U.S.C. 415(a)), is amended in the second sentence by 
     inserting ``, land held in trust for the Crow Tribe of 
     Montana'' after ``Devils Lake Sioux Reservation''.

     SEC. 6207. TRUST STATUS OF LEASE PAYMENTS.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means the Secretary of the Interior.
       (b) Treatment of Lease Payments.--
       (1) In general.--Except as provided in paragraph (2) and at 
     the request of the Indian tribe or individual Indian, any 
     advance payments, bid deposits, or other earnest money 
     received by the Secretary in connection with the review and 
     Secretarial approval under any other Federal law (including 
     regulations) of a sale, lease, permit, or any other 
     conveyance of any interest in any trust or restricted land of 
     any Indian tribe or individual Indian shall, upon receipt and 
     prior to Secretarial approval of the contract or conveyance 
     instrument, be held in the trust fund system for the benefit 
     of the Indian tribe and individual Indian from whose land the 
     funds were generated.
       (2) Restriction.--If the advance payment, bid deposit, or 
     other earnest money received by the Secretary results from 
     competitive bidding, upon selection of the successful bidder, 
     only the funds paid by the successful bidder shall be held in 
     the trust fund system.
       (c) Use of Funds.--
       (1) In general.--On the approval of the Secretary of a 
     contract or other instrument for a sale, lease, permit, or 
     any other conveyance described in subsection (b)(1), the 
     funds held in the trust fund system and described in 
     subsection (b), along with all income generated from the 
     investment of those funds, shall be disbursed to the Indian 
     tribe or individual Indian landowners.
       (2) Administration.--If a contract or other instrument for 
     a sale, lease, permit, or any other conveyance described in 
     subsection (b)(1) is not approved by the Secretary, the funds 
     held in the trust fund system and described in subsection 
     (b), along with all income generated from the investment of 
     those funds, shall be paid to the party identified in, and in 
     such amount and on such terms as set out in, the applicable 
     regulations, advertisement, or other notice governing the 
     proposed conveyance of the interest in the land at issue.
       (d) Applicability.--This section shall apply to any advance 
     payment, bid deposit,

[[Page S289]]

     or other earnest money received by the Secretary in 
     connection with the review and Secretarial approval under any 
     other Federal law (including regulations) of a sale, lease, 
     permit, or any other conveyance of any interest in any trust 
     or restricted land of any Indian tribe or individual Indian 
     on or after the date of enactment of this Act.
                                 ______
                                 
  SA 3030. Mr. BARRASSO (for himself, Ms. Heitkamp, Mr. Enzi, and Mr. 
Hoeven) submitted an amendment intended to be proposed to amendment SA 
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NATURAL GAS GATHERING ENHANCEMENT.

       (a) Certain Natural Gas Gathering Lines Located on Federal 
     Land and Indian Land.--
       (1) In general.--Subtitle B of title III of the Energy 
     Policy Act of 2005 (Public Law 109-58; 119 Stat. 685) is 
     amended by adding at the end the following:

     ``SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON 
                   FEDERAL LAND AND INDIAN LAND.

       ``(a) Definitions.--In this section:
       ``(1) Gas gathering line and associated field compression 
     units.--
       ``(A) In general.--The term `gas gathering line and 
     associated field compression unit' means--
       ``(i) a pipeline that is installed to transport natural gas 
     production associated with 1 or more wells drilled and 
     completed to produce oil or gas; and
       ``(ii) if necessary, 1 or more compressors to raise the 
     pressure of that transported natural gas to higher pressures 
     suitable to enable the gas to flow into pipelines and other 
     facilities.
       ``(B) Exclusions.--The term `gas gathering line and 
     associated field compression unit' does not include a 
     pipeline or compression unit that is installed to transport 
     natural gas from a processing plant to a common carrier 
     pipeline or facility.
       ``(2) Federal land.--
       ``(A) In general.--The term `Federal land' means land the 
     title to which is held by the United States.
       ``(B) Exclusions.--The term `Federal land' does not 
     include--
       ``(i) a unit of the National Park System;
       ``(ii) a unit of the National Wildlife Refuge System;
       ``(iii) a component of the National Wilderness Preservation 
     System; or
       ``(iv) Indian land.
       ``(3) Indian land.--The term `Indian land' means land the 
     title to which is held by--
       ``(A) the United States in trust for an Indian tribe or an 
     individual Indian; or
       ``(B) an Indian tribe or an individual Indian subject to a 
     restriction by the United States against alienation.
       ``(b) Certain Natural Gas Gathering Lines.--
       ``(1) In general.--Subject to paragraph (2), the issuance 
     of a sundry notice or right-of-way for a gas gathering line 
     and associated field compression unit that is located on 
     Federal land or Indian land and that services any oil or gas 
     well shall be considered to be an action that is 
     categorically excluded (as defined in section 1508.4 of title 
     40, Code of Federal Regulations (as in effect on the date of 
     enactment of this section)) for purposes of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if 
     the gas gathering line and associated field compression unit 
     are--
       ``(A) within a field or unit for which an approved land use 
     plan or an environmental document prepared pursuant to the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) analyzed transportation of natural gas produced from 1 
     or more oil or gas wells in that field or unit as a 
     reasonably foreseeable activity; and
       ``(B) located adjacent to or within--
       ``(i) any existing disturbed area; or
       ``(ii) an existing corridor for a right-of-way.
       ``(2) Applicability.--Paragraph (1) shall apply to Indian 
     land, or a portion of Indian land, for which the Indian tribe 
     with jurisdiction over the Indian land submits to the 
     Secretary of the Interior a written request that paragraph 
     (1) apply to that Indian land (or portion of Indian land).
       ``(c) Effect on Other Law.--Nothing in this section affects 
     or alters any requirement--
       ``(1) relating to prior consent under--
       ``(A) section 2 of the Act of February 5, 1948 (25 U.S.C. 
     324); or
       ``(B) section 16(e) of the Act of June 18, 1934 (25 U.S.C. 
     476(e)) (commonly known as the `Indian Reorganization Act');
       ``(2) under section 306108 of title 54, United States Code; 
     or
       ``(3) under any other Federal law (including regulations) 
     relating to tribal consent for rights-of-way across Indian 
     land.''.
       (2) Assessments.--Title XVIII of the Energy Policy Act of 
     2005 (Public Law 109-58; 119 Stat. 1122) (as amended by 
     section 2311) is amended by adding at the end the following:

     ``SEC. 1842. NATURAL GAS GATHERING SYSTEM ASSESSMENTS.

       ``(a) Definition of Gas Gathering Line and Associated Field 
     Compression Unit.--In this section, the term `gas gathering 
     line and associated field compression unit' has the meaning 
     given the term in section 319.
       ``(b) Study.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of the Interior, in 
     consultation with other appropriate Federal agencies, States, 
     and Indian tribes, shall submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Natural Resources of the House of Representatives a study 
     identifying--
       ``(1) any actions that may be taken, under Federal law 
     (including regulations), to expedite permitting for gas 
     gathering lines and associated field compression units that 
     are located on Federal land or Indian land, for the purpose 
     of transporting natural gas associated with oil and gas 
     production on any land to a processing plant or a common 
     carrier pipeline for delivery to markets; and
       ``(2) any proposed changes to Federal law (including 
     regulations) to expedite permitting for gas gathering lines 
     and associated field compression units that are located on 
     Federal land, for the purpose of transporting natural gas 
     associated with oil and gas production on any land to a 
     processing plant or a common carrier pipeline for delivery to 
     markets.
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of this section, and every 1 year thereafter, the 
     Secretary of the Interior, in consultation with other 
     appropriate Federal agencies, States, and Indian tribes, 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives a report that describes--
       ``(1) the progress made in expediting permits for gas 
     gathering lines and associated field compression units that 
     are located on Federal land or Indian land, for the purpose 
     of transporting natural gas associated with oil and gas 
     production on any land to a processing plant or a common 
     carrier pipeline for delivery to markets; and
       ``(2) any issues impeding that progress.''.
       (3) Technical amendments.--
       (A) Section 1(b) of the Energy Policy Act of 2005 (Public 
     Law 109-58; 119 Stat. 594) is amended by adding at the end of 
     subtitle B of title III the following:

``Sec. 319. Natural gas gathering lines located on Federal land and 
              Indian land.''.
       (B) Section (1)(b) of the Energy Policy Act of 2005 (Public 
     Law 109-58; 119 Stat. 594) is amended by adding at the end of 
     title XXVIII the following:

``Sec. 1842. Natural gas gathering system assessments.''.
       (b) Deadlines for Permitting Natural Gas Gathering Lines 
     Under the Mineral Leasing Act.--Section 28 of the Mineral 
     Leasing Act (30 U.S.C. 185) is amended by adding at the end 
     the following:
       ``(z) Natural Gas Gathering Lines.--The Secretary of the 
     Interior or other appropriate agency head shall issue a 
     sundry notice or right-of-way for a gas gathering line and 
     associated field compression unit (as defined in section 
     319(a) of the Energy Policy Act of 2005) that is located on 
     Federal land not later than 90 days after the date on which 
     the applicable agency head receives the request for issuance 
     unless the Secretary or agency head finds that the sundry 
     notice or right-of-way would violate division A of subtitle 
     III of title 54, United States Code, or the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.).''.
                                 ______
                                 
  SA 3031. Mr. BARRASSO (for himself, Ms. Heitkamp, Mr. Cassidy, Mr. 
Enzi, and Mr. Hoeven) submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. AUTHORITY TO APPROVE NATURAL GAS PIPELINES IN 
                   UNITS OF THE NATIONAL PARK SYSTEM.

       Section 100902 of title 54, United States Code, is 
     amended--
       (1) in subsection (a)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Under regulations'' and inserting ``Notwithstanding section 
     28 of the Mineral Leasing Act (30 U.S.C. 185), under 
     regulations'';
       (B) in subparagraph (B), by striking ``and'' at the end;
       (C) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(D) natural gas pipelines.''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(D) natural gas pipelines.'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``A right of way under'' and inserting 
     ``Except as provided in paragraph (5), a right-of-way granted 
     under''; and
       (C) by adding at the end the following:
       ``(5) Right-of-way for natural gas pipelines.--
     Notwithstanding paragraph (2), a right-of-way granted under 
     paragraph (1)(D) shall--

[[Page S290]]

       ``(A) be for a term of not more than 30 years; and
       ``(B) not exceed 50 feet in width after construction of the 
     natural gas pipeline.''.
                                 ______
                                 
  SA 3032. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 5002, strike subsections (a) and (b) and insert 
     the following:
       (a) Reauthorization.--Section 200302 of title 54, United 
     States Code, is amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``September 30, 2018'' and inserting 
     ``September 30, 2028''; and
       (2) in subsection (c)(1), by striking ``September 30, 
     2018'' and inserting ``September 30, 2028''.
       (b) Allocation of Funds.--Section 200304 of title 54, 
     United States Code, is amended--
       (1) by striking ``There'' and inserting ``(a) In General.--
     There''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(b) Allocation.--Of the appropriations from the Fund--
       ``(1) not more than 40 percent shall be used collectively 
     for Federal purposes under section 200306;
       ``(2) not less than 60 percent shall be used collectively--
       ``(A) to provide financial assistance to States under 
     section 200305;
       ``(B) for the Forest Legacy Program established under 
     section 7 of the Cooperative Forestry Assistance Act of 1978 
     (16 U.S.C. 2103c);
       ``(C) for cooperative endangered species grants authorized 
     under section 6 of the Endangered Species Act of 1973 (16 
     U.S.C. 1535); and
       ``(D) for the American Battlefield Protection Program 
     established under chapter 3081; and
       ``(3) not less than 1.5 percent or $10,000,000, whichever 
     is greater, shall be used for projects that secure 
     recreational public access to Federal public land for 
     hunting, fishing, or other recreational purposes.''.
                                 ______
                                 
  SA 3033. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ____. REISSUANCE OF FINAL RULES REGARDING GRAY WOLVES IN 
                   THE WESTERN GREAT LAKES AND WYOMING.

       (a) In General.--Notwithstanding any other provision of 
     law, not later than 60 days after the date of enactment of 
     this Act, the Secretary of the Interior shall reissue--
       (1) the final rule entitled ``Endangered and Threatened 
     Wildlife and Plants; Revising the Listing of the Gray Wolf 
     (Canis lupus) in the Western Great Lakes'' (76 Fed. Reg. 
     81666 (December 28, 2011)); and
       (2) the final rule entitled ``Endangered and Threatened 
     Wildlife and Plants; Removal of the Gray Wolf in Wyoming from 
     the Federal List of Endangered and Threatened Wildlife and 
     Removal of the Wyoming Wolf Population's Status as an 
     Experimental Population'' (77 Fed. Reg. 55530 (September 10, 
     2012)).
       (b) No Judicial Review.--The reissuance of the final rules 
     described in subsection (a) shall not be subject to judicial 
     review.
                                 ______
                                 
  SA 3034. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON LISTING THE NORTHERN LONG-EARED BAT 
                   AS AN ENDANGERED SPECIES.

       Notwithstanding any other provision of law, the Director of 
     the United States Fish and Wildlife Service shall not list 
     the northern long-eared bat as an endangered species under 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
                                 ______
                                 
  SA 3035. Mr. MURPHY (for himself and Mr. Brown) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 168, strike line 16 and insert the following:
     year limitation.
       ``(4) Use of american iron, steel, and manufactured 
     goods.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts in the Account may not be obligated by the Secretary 
     of Energy for purposes of paragraph (1)(D) unless all of the 
     iron, steel, and manufactured goods used for the 
     construction, maintenance, repair, or replacement project are 
     produced in the United States.
       ``(B) Exception.--Subparagraph (A) shall not apply in any 
     case or category of cases in which the Secretary of Energy 
     finds that--
       ``(i) applying subparagraph (A) would be inconsistent with 
     the public interest;
       ``(ii) iron, steel, and the relevant manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities and of a satisfactory 
     quality; or
       ``(iii) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       ``(C) Justification.--If the Secretary of Energy determines 
     that it is necessary to waive the application of subparagraph 
     (A) based on a finding under subparagraph (B), the Secretary 
     of Energy shall publish in the Federal Register a detailed 
     written justification as to why the provision is being 
     waived.
       ``(D) Relationship to other law.--This paragraph shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.''.
                                 ______
                                 
  SA 3036. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 5002, strike subsection (c) and insert the 
     following:
       (c) Conservation Easements.--Section 200306 of title 54, 
     United States Code, is amended by adding at the end the 
     following:
       ``(c) Conservation Easements.--
       ``(1) In general.--The Secretary and the Secretary of 
     Agriculture shall consider the acquisition of conservation 
     easements and other similar interests in land where 
     appropriate and feasible.
       ``(2) Requirement.--Any conservation easement or other 
     similar interest in land acquired under paragraph (1) shall 
     be subject to terms and conditions that ensure that--
       ``(A) the grantor of the conservation easement or other 
     similar interest in land has been provided with information 
     relating to all available conservation options, including 
     conservation options that involve the conveyance of a real 
     property interest for a limited period of time; and
       ``(B) the provision of the information described in 
     subparagraph (A) has been documented.''.
                                 ______
                                 
  SA 3037. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 31__. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON 
                   FEDERAL LAND IN STATES.

       (a) In General.--The Mineral Leasing Act is amended--
       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

     ``SEC. 44. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON 
                   FEDERAL LAND IN STATES.

       ``(a) In General.--Subject to subsection (b), the Secretary 
     of the Interior shall not issue or promulgate any guideline 
     or regulation relating to oil or gas exploration or 
     production on Federal land in a State if the State has 
     otherwise met the requirements under this Act or any other 
     applicable Federal law.
       ``(b) Exception.--The Secretary may issue or promulgate 
     guidelines and regulations relating to oil or gas exploration 
     or production on Federal land in a State if the Secretary of 
     the Interior determines that as a result of the oil or gas 
     exploration or production there is an imminent and 
     substantial danger to the public health or environment.''.
       (b) Regulations.--Part E of the Safe Drinking Water Act (42 
     U.S.C. 300j et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1459. REGULATIONS.

       ``(a) Comments Relating to Oil and Gas Exploration and 
     Production.--Before issuing or promulgating any guideline or 
     regulation relating to oil and gas exploration and production 
     on Federal, State, tribal, or fee land pursuant to this Act, 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Act 
     entitled `An Act to regulate the leasing of certain Indian 
     lands for mining purposes', approved May 11, 1938 (commonly 
     known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 
     396a et seq.), the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.), or any other provision of law or Executive order, the 
     head of a Federal department or agency shall seek comments 
     from and consult with the head of each affected State, State 
     agency, and Indian tribe at a location within the 
     jurisdiction of the State or Indian tribe, as applicable.
       ``(b) Statement of Energy and Economic Impact.--Each 
     Federal department or agency described in subsection (a) 
     shall develop a

[[Page S291]]

     Statement of Energy and Economic Impact, which shall consist 
     of a detailed statement and analysis supported by credible 
     objective evidence relating to--
       ``(1) any adverse effects on energy supply, distribution, 
     or use, including a shortfall in supply, price increases, and 
     increased use of foreign supplies; and
       ``(2) any impact on the domestic economy if the action is 
     taken, including the loss of jobs and decrease of revenue to 
     each of the general and educational funds of the State or 
     affected Indian tribe.
       ``(c) Regulations.--
       ``(1) In general.--A Federal department or agency shall not 
     impose any new or modified regulation unless the head of the 
     applicable Federal department or agency determines--
       ``(A) that the rule is necessary to prevent imminent 
     substantial danger to the public health or the environment; 
     and
       ``(B) by clear and convincing evidence, that the State or 
     Indian tribe does not have an existing reasonable alternative 
     to the proposed regulation.
       ``(2) Disclosure.--Any Federal regulation promulgated on or 
     after the date of enactment of the Energy Policy 
     Modernization Act of 2016 that requires disclosure of 
     hydraulic fracturing chemicals shall refer to the database 
     managed by the Ground Water Protection Council and the 
     Interstate Oil and Gas Compact Commission (as in effect on 
     the date of enactment of the Energy Policy Modernization Act 
     of 2016).
       ``(d) Judicial Review.--
       ``(1) In general.--With respect to any regulation described 
     in this section, a State or Indian tribe adversely affected 
     by an action carried out under the regulation shall be 
     entitled to review by a United States district court located 
     in the State or the District of Columbia of compliance by the 
     applicable Federal department or agency with the requirements 
     of this section.
       ``(2) Action by court.--
       ``(A) In general.--A district court providing review under 
     this subsection may enjoin or mandate any action by a 
     relevant Federal department or agency until the district 
     court determines that the department or agency has complied 
     with the requirements of this section.
       ``(B) Damages.--The court shall not order money damages.
       ``(3) Scope and standard of review.--In reviewing a 
     regulation under this subsection--
       ``(A) the court shall not consider any evidence outside of 
     the record that was before the agency; and
       ``(B) the standard of review shall be de novo.''.
                                 ______
                                 
  SA 3038. Mr. HOEVEN (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                  TITLE __--COAL COMBUSTION RESIDUALS

     SEC. __01. SHORT TITLE.

       (a) Short Title.--This title may be cited as the 
     ``Improving Coal Combustion Residuals Regulation Act of 
     2016''.

     SEC. __02. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION 
                   RESIDUALS.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION 
                   RESIDUALS.

       ``(a) State Permit Programs for Coal Combustion 
     Residuals.--Each State may adopt and implement a coal 
     combustion residuals permit program in accordance with this 
     section.
       ``(b) State Actions.--
       ``(1) Notification.--Not later than 6 months after the date 
     of enactment of this section, the Governor of each State 
     shall notify the Administrator, in writing, whether such 
     State will adopt and implement a coal combustion residuals 
     permit program.
       ``(2) Application for, and approval of, state coal 
     combustion residuals permit program.--
       ``(A) In general.--Not later than 24 months after the date 
     of enactment of this section, each State that has notified 
     the Administrator that it will adopt and implement a coal 
     combustion residuals permit program under paragraph (1) shall 
     submit to the Administrator an application for such coal 
     combustion residuals permit program for review and approval 
     by the Administrator.
       ``(B) Contents of application.--An application submitted 
     under this paragraph shall include--
       ``(i) a letter identifying the lead State implementing 
     agency, signed by the head of such agency;
       ``(ii) identification of any other State agencies to be 
     involved with the implementation of the coal combustion 
     residuals permit program;
       ``(iii) an explanation of how the State coal combustion 
     residuals permit program will meet the requirements of this 
     section, including--

       ``(I) a description of the State's--

       ``(aa) process to inspect or otherwise determine compliance 
     with such permit program;
       ``(bb) process to enforce the requirements of such permit 
     program, including any enforcement of the requirements of 
     subsection (c)(3)(A);
       ``(cc) public participation process for the promulgation, 
     amendment, or repeal of regulations for, and the issuance of 
     permits under, such permit program;
       ``(dd) process for judicial review;
       ``(ee) proposed or existing statutes, regulations, or 
     policies pertaining to public access to information, 
     including information on groundwater monitoring data, 
     structural stability assessments, emergency action plans, 
     fugitive dust control plans, notifications of closure 
     (including any certification of closure by a qualified 
     professional engineer), and corrective action remedies; and
       ``(ff) proposed coordination plan under subsection 
     (c)(1)(C); and

       ``(II) if a State proposes to apply a definition different 
     from a definition included in section 257.53 of title 40, 
     Code of Federal Regulations, for purposes of the State coal 
     combustion residuals permit program, an explanation of such 
     application, including an explanation of the reasonable basis 
     for applying such different definition, in accordance with 
     subsection (i)(4);

       ``(iv) a statement that the State has in effect, at the 
     time of application, statutes or regulations necessary to 
     implement a coal combustion residuals permit program that 
     meets the requirements described in subsection (c);
       ``(v) copies of State statutes and regulations described in 
     clause (iv);
       ``(vi) copies of any proposed forms used to administer the 
     coal combustion residuals permit program; and
       ``(vii) such other information as the Administrator may 
     require.
       ``(C) Approval.--
       ``(i) In general.--The Administrator may approve an 
     application for a State coal combustion residuals permit 
     program only if the Administrator determines that such 
     application demonstrates that the coal combustion residuals 
     permit program meets the requirements described in subsection 
     (c).
       ``(ii) Evidence of adequacy.--In evaluating an application 
     for a State coal combustion residuals permit program under 
     this paragraph, the Administrator shall consider a State's 
     approved permit program or other system of prior approval and 
     conditions under section 4005(c) or authorized program under 
     section 3006 as evidence regarding the State's ability to 
     effectively implement a coal combustion residuals program.
       ``(iii) Adoption by state.--A State may adopt and implement 
     a coal combustion residuals permit program if, not later than 
     90 days after receipt of a complete application under this 
     paragraph (including a revised application under subparagraph 
     (D))--

       ``(I) the Administrator publishes in the Federal Register a 
     notice of the Administrator's decision to approve such 
     application; or
       ``(II) the Administrator does not publish in the Federal 
     Register a notice of the Administrator's decision to approve 
     or deny such application, in which case such application 
     shall be deemed approved.

       ``(D) Revised application.--If the Administrator denies an 
     initial application for a State coal combustion residuals 
     program under this paragraph--
       ``(i) the Administrator shall notify the State of the 
     reasons for such denial; and
       ``(ii) the State may, not later than 60 days after the date 
     of such notification, submit to the Administrator a revised 
     application for such coal combustion residuals permit program 
     for review and approval by the Administrator.
       ``(c) Requirements for a Coal Combustion Residuals Permit 
     Program.--A coal combustion residuals permit program shall 
     consist of the following:
       ``(1) General requirements.--
       ``(A) Permits.--The implementing agency shall require that 
     owners or operators of structures apply for and obtain 
     permits incorporating the applicable requirements of the coal 
     combustion residuals permit program.
       ``(B) Public availability of information.--The implementing 
     agency shall ensure that--
       ``(i) documents for permit determinations are made publicly 
     available for review and comment under the public 
     participation process of the coal combustion residuals permit 
     program;
       ``(ii) final determinations on permit applications are made 
     publicly available; and
       ``(iii) information regarding the exercise by the 
     implementing agency of any discretionary authority granted 
     under this section and not provided for in the rule described 
     in subsection (i)(1) is made publicly available.
       ``(C) Coordination plan.--The implementing agency shall 
     develop and maintain a plan for coordination among States in 
     the event of a release that crosses State lines.
       ``(2) Criteria.--The implementing agency shall apply the 
     following criteria with respect to structures:
       ``(A) Design requirements.--For new structures, including 
     lateral expansions of existing structures, the criteria 
     regarding design requirements described in sections 257.70 
     through 257.72 of title 40, Code of Federal Regulations, as 
     applicable.
       ``(B) Groundwater monitoring and corrective action.--
       ``(i) In general.--Except as provided in clause (ii), for 
     all structures, the criteria regarding groundwater monitoring 
     and corrective action requirements described in sections 
     257.90 through 257.98 of title 40, Code of Federal 
     Regulations, including--

[[Page S292]]

       ``(I) for the purposes of detection monitoring, the 
     constituents described in appendix III to part 257 of such 
     title; and
       ``(II) for the purposes of assessment monitoring, 
     establishing a groundwater protection standard, and 
     assessment of corrective measures, the constituents described 
     in appendix IV to part 257 of such title.

       ``(ii) Exceptions and additional authority.--

       ``(I) Alternative point of compliance.--Notwithstanding 
     section 257.91(a)(2) of title 40, Code of Federal 
     Regulations, the implementing agency may establish the 
     relevant point of compliance for the down-gradient monitoring 
     system as provided in section 258.51(a)(2) of such title.
       ``(II) Alternative groundwater protection standards.--
     Notwithstanding section 257.95(h) of title 40, Code of 
     Federal Regulations, the implementing agency may establish an 
     alternative groundwater protection standard as provided in 
     section 258.55(i) of such title.
       ``(III) Ability to determine that corrective action is not 
     necessary or technically feasible.--Notwithstanding section 
     257.97 of title 40, Code of Federal Regulations, the 
     implementing agency may determine that remediation of a 
     release to groundwater from a structure is not necessary as 
     provided in section 258.57(e) of such title.

       ``(C) Closure.--For all structures, the criteria for 
     closure described in sections 257.101, 257.102, and 257.103 
     of title 40, Code of Federal Regulations, except the criteria 
     described in section 257.101(b)(1) of such title shall not 
     apply to existing structures that comply with the criteria 
     described in section 257.60 of such title by making a 
     demonstration in accordance with subparagraph (E) of this 
     paragraph.
       ``(D) Post-closure.--For all structures, the criteria for 
     post-closure care described in section 257.104 of title 40, 
     Code of Federal Regulations.
       ``(E) Location restrictions.--For all structures, the 
     criteria for location restrictions described in sections 
     257.60 through 257.64 of title 40, Code of Federal 
     Regulations, except--
       ``(i) for existing structures that are landfills, sections 
     257.60 through 257.63 shall not apply; and
       ``(ii) the owner or operator of an existing structure that 
     is a surface impoundment may comply with the criteria 
     described in section 257.60 of such title by demonstrating 
     that--

       ``(I) the design and construction of the existing structure 
     that is a surface impoundment will prevent an intermittent, 
     recurring, or sustained hydraulic connection between any 
     portion of the base of the structure and the upper limit of 
     the uppermost aquifer; and
       ``(II) the existing structure that is a surface impoundment 
     is designed and constructed to prevent the release of the 
     constituents listed in appendices III and IV to part 257 of 
     such title at levels above the groundwater protection 
     standards established under this section.

       ``(F) Air criteria.--For all structures, the criteria for 
     air quality described in section 257.80 of title 40, Code of 
     Federal Regulations.
       ``(G) Financial assurance.--For all structures, the 
     criteria for financial assurance described in subpart G of 
     part 258 of title 40, Code of Federal Regulations.
       ``(H) Recordkeeping.--For all structures, the criteria for 
     recordkeeping described in section 257.105 of title 40, Code 
     of Federal Regulations.
       ``(I) Run-on and run-off controls.--For all structures that 
     are landfills, sand or gravel pits, or quarries, the criteria 
     for run-on and run-off control described in section 257.81 of 
     title 40, Code of Federal Regulations.
       ``(J) Hydrologic and hydraulic capacity requirements.--For 
     all structures that are surface impoundments, the criteria 
     for inflow design flood control systems described in section 
     257.82 of title 40, Code of Federal Regulations.
       ``(K) Structural integrity.--For structures that are 
     surface impoundments, the criteria for structural integrity 
     described in sections 257.73 and 257.74 of title 40, Code of 
     Federal Regulations.
       ``(L) Inspections.--For all structures, the criteria 
     described in sections 257.83 and 257.84 of title 40, Code of 
     Federal Regulations.
       ``(M) Public availability of information.--For all 
     structures, the criteria described in section 257.107 of 
     title 40, Code of Federal Regulations.
       ``(N) Notification.--For all structures, the criteria 
     described in section 257.106 of title 40, Code of Federal 
     Regulations.
       ``(3) Permit program implementation for existing 
     structures.--
       ``(A) Compliance with certain requirements.--
       ``(i) Initial deadlines.--The State, in the case of a State 
     that has notified the Administrator under subsection (b)(1) 
     that it will adopt and implement a coal combustion residuals 
     permit program, or the Administrator, in the case of each 
     other State, shall require owners or operators of existing 
     structures to comply with--

       ``(I) as of October 19, 2015, the requirements under 
     paragraphs (2)(F), (2)(H), and (2)(L);
       ``(II) not later than 6 months after the date of enactment 
     of this section, the requirement under paragraph (2)(G); and
       ``(III) not later than 12 months after the date of 
     enactment of this section, the requirements under paragraphs 
     (2)(A), (2)(I), (2)(J), (2)(K), and the requirement for a 
     written closure plan under the criteria described in 
     paragraph 2(C).

       ``(ii) Subsequent deadlines.--The implementing agency shall 
     require owners or operators of existing structures to comply 
     with--

       ``(I) not later than 24 months after the date of enactment 
     of this section, the requirements under paragraph (2)(B); and
       ``(II) not later than 36 months after the date of enactment 
     of this section, the requirements under paragraph (2)(E).

       ``(B) Permits.--Not later than 72 months after the date of 
     enactment of this section, the implementing agency shall 
     issue, with respect to an existing structure, a final permit 
     incorporating the applicable requirements of the coal 
     combustion residuals permit program, or a final denial of an 
     application submitted requesting such a permit.
       ``(C) Effect of compliance.--
       ``(i) Interim requirements.--Prior to the date on which a 
     final permit or final denial is issued under subparagraph 
     (B), compliance with the requirements of subparagraph (A), as 
     determined by the State or Administrator, as applicable, 
     shall constitute compliance with the requirements of this 
     section and the rule described in subsection (i)(1) for the 
     purpose of enforcement.
       ``(ii) Final permit.--Compliance with a final permit issued 
     by the implementing agency, as determined by the implementing 
     agency, shall constitute compliance with this section and the 
     rule described in subsection (i)(1) for the purpose of 
     enforcement.
       ``(4) Requirements for inactive coal combustion residuals 
     surface impoundments.--
       ``(A) Notice.--Not later than 2 months after the date of 
     enactment of this section, each owner or operator of an 
     inactive coal combustion residuals surface impoundment shall 
     submit to the Administrator and the State in which such 
     inactive coal combustion residuals surface impoundment is 
     located a notice stating whether such inactive coal 
     combustion residuals surface impoundment will--
       ``(i) not later than 3 years after the date of enactment of 
     this section, complete closure in accordance with section 
     257.100 of title 40, Code of Federal Regulations; or
       ``(ii) comply with the requirements of the coal combustion 
     residuals permit program applicable to existing structures 
     that are surface impoundments (except as provided in 
     subparagraph (C)(ii)).
       ``(B) Financial assurance.--The implementing agency shall 
     require the owner or operator of an inactive surface 
     impoundment that has closed pursuant to this paragraph to 
     perform post-closure care in accordance with the criteria 
     described in section 257.104(b)(1) of title 40, Code of 
     Federal Regulations, and to provide financial assurance for 
     such post-closure care in accordance with the criteria 
     described in section 258.72 of such title.
       ``(C) Treatment as structure.--
       ``(i) In general.--An inactive coal combustion residuals 
     surface impoundment shall be treated as an existing structure 
     that is a surface impoundment for the purposes of this 
     section, including with respect to the requirements of 
     paragraphs (1) and (2), if--

       ``(I) the owner or operator does not submit a notice in 
     accordance with subparagraph (A); or
       ``(II) the owner or operator submits a notice described in 
     subparagraph (A)(ii).

       ``(ii) Inactive coal combustion residuals surface 
     impoundments that fail to close.--An inactive coal combustion 
     residuals surface impoundment for which the owner or operator 
     submits a notice described in subparagraph (A)(i) that does 
     not close by the deadline provided under subparagraph (A)(i) 
     shall be treated as an existing structure for purposes of 
     this section beginning on the date that is the day after such 
     applicable deadline, including by--

       ``(I) being required to comply with the requirements of 
     paragraph (1), as applicable; and
       ``(II) being required to comply, beginning on such date, 
     with each requirement of paragraph (2).

       ``(d) Implementation by Administrator.--
       ``(1) Federal backstop authority.--The Administrator shall 
     implement a coal combustion residuals permit program for a 
     State if--
       ``(A) the Governor of the State notifies the Administrator 
     under subsection (b)(1) that the State will not adopt and 
     implement a coal combustion residuals permit program;
       ``(B) the State fails to submit a notification or an 
     application by the applicable deadline under subsection (b);
       ``(C) the Administrator denies an application submitted by 
     a State under subsection (b)(2) and, if applicable, any 
     revised application submitted by the State under subparagraph 
     (E) of such subsection;
       ``(D) the State informs the Administrator, in writing, that 
     such State will no longer implement such a permit program; or
       ``(E) the Administrator withdraws approval of a State coal 
     combustion residuals program after the Administrator--
       ``(i) determines that the State is not implementing a coal 
     combustion residuals permit program approved under this 
     section in accordance with the requirements of this section;
       ``(ii) notifies the State of such determination, including 
     the reasons for such determination and the particular 
     deficiencies that need to be remedied; and
       ``(iii) after allowing the State to take actions to remedy 
     such deficiencies within a

[[Page S293]]

     reasonable time, not to exceed 90 days, the Administrator 
     determines that the State has not remedied such deficiencies.
       ``(2) Review.--A State may obtain a review of a 
     determination by the Administrator under paragraph 
     (1)(E)(iii) as if the determination were a final regulation 
     for purposes of section 7006.
       ``(3) Indian country.--The Administrator shall implement a 
     coal combustion residuals permit program in Indian country.
       ``(4) Requirements.--If the Administrator implements a coal 
     combustion residuals permit program under paragraph (1) or 
     (3), the permit program shall consist of the requirements 
     described in subsection (c).
       ``(5) Enforcement.--If the Administrator implements a coal 
     combustion residuals permit program for a State under 
     paragraph (1) or in Indian country under paragraph (3)--
       ``(A) the authorities referred to in section 4005(c)(2)(A) 
     shall apply with respect to coal combustion residuals, 
     structures, and inactive coal combustion residuals surface 
     impoundments for which the Administrator is implementing the 
     coal combustion residuals permit program; and
       ``(B) the Administrator may use those authorities to 
     inspect, gather information, and enforce the requirements of 
     this section in the State or Indian country.
       ``(6) Public participation process.--If the Administrator 
     implements a coal combustion residuals permit program under 
     this subsection, the Administrator shall provide a 30-day 
     period for the public participation process required under 
     subsection (c)(1)(B)(i).
       ``(e) State Control After Implementation by 
     Administrator.--
       ``(1) New adoption by state.--For a State for which the 
     Administrator is implementing a coal combustion residuals 
     permit program under subparagraphs (A) through (D) of 
     subsection (d), the State may adopt and implement such a 
     permit program through the application process described in 
     subsection (b)(2) (notwithstanding the deadline described in 
     subparagraph (A) of such subsection). An application 
     submitted pursuant to this paragraph shall include a timeline 
     for transition to the State coal combustion residuals permit 
     program.
       ``(2) Resumption after remedying deficient permit 
     program.--
       ``(A) Process.--For a State for which the Administrator is 
     implementing a coal combustion residuals permit program under 
     subparagraph (E) of subsection (d)(1), the State may adopt 
     and implement such a permit program if--
       ``(i) the State remedies only the deficiencies included in 
     the notice described in such subparagraph; and
       ``(ii) by the date that is 90 days after the date on which 
     the State notifies the Administrator that the deficiencies 
     have been remedied--

       ``(I) the Administrator publishes in the Federal Register--

       ``(aa) a determination, after providing a 30-day period for 
     notice and public comment, that the deficiencies included in 
     such notice have been remedied; and
       ``(bb) a timeline for transition to the State coal 
     combustion residuals permit program; or

       ``(II) the Administrator does not publish in the Federal 
     Register a determination regarding whether the deficiencies 
     included in such notice been remedied, in which case such 
     deficiencies shall be deemed remedied.

       ``(B) Review.--A State may obtain a review of a 
     determination by the Administrator under this paragraph as if 
     such determination were a final regulation for purposes of 
     section 7006.
       ``(f) Implementation During Transition.--
       ``(1) Effect on actions and orders.--Program requirements 
     of, and actions taken or orders issued pursuant to, a coal 
     combustion residuals permit program shall remain in effect 
     if--
       ``(A) a State takes control of its coal combustion 
     residuals permit program from the Administrator under 
     subsection (e); or
       ``(B) the Administrator takes control of a coal combustion 
     residuals permit program from a State under subsection (d).
       ``(2) Change in requirements.--Paragraph (1) shall apply to 
     such program requirements, actions, and orders until such 
     time as--
       ``(A) the implementing agency that took control of the coal 
     combustion residuals permit program changes the requirements 
     of the coal combustion residuals permit program with respect 
     to the basis for the action or order; or
       ``(B) with respect to an ongoing corrective action, the 
     State or the Administrator, whichever took the action or 
     issued the order, certifies the completion of the corrective 
     action that is the subject of the action or order.
       ``(3) Single permit program.--Except as otherwise provided 
     in this subsection--
       ``(A) if a State adopts and implements a coal combustion 
     residuals permit program under subsection (e), the 
     Administrator shall cease to implement the coal combustion 
     residuals permit program implemented under subsection (d) for 
     such State; and
       ``(B) if the Administrator implements a coal combustion 
     residuals permit program for a State under subsection (d)(1), 
     the State shall cease to implement its coal combustion 
     residuals permit program.
       ``(g) Authority.--
       ``(1) State authority.--Nothing in this section shall 
     preclude or deny any right of any State to adopt or enforce 
     any regulation or requirement respecting coal combustion 
     residuals that is more stringent or broader in scope than a 
     regulation or requirement under this section.
       ``(2) Authority of the administrator.--
       ``(A) In general.--Except as provided in subsections (d) 
     and (f) of this section and section 6005, the Administrator 
     shall, with respect to the regulation of coal combustion 
     residuals under this Act, defer to the States pursuant to 
     this section.
       ``(B) Imminent hazard.--Nothing in this section shall be 
     construed as affecting the authority of the Administrator 
     under section 7003 with respect to coal combustion residuals.
       ``(C) Enforcement assistance only upon request.--Upon 
     request from the head of a lead State implementing agency, 
     the Administrator may, including through the use of the 
     authorities referred to in section 4005(c)(2)(A), provide to 
     such State agency only the enforcement assistance requested.
       ``(D) Concurrent enforcement.--Except as provided in 
     subparagraph (C) of this paragraph and subsection (f), the 
     Administrator shall not have concurrent enforcement authority 
     when a State is implementing a coal combustion residuals 
     permit program, including during any period of interim 
     operation described in subsection (c)(3)(C).
       ``(3) Citizen suits.--Nothing in this section shall be 
     construed to affect the authority of a person to commence a 
     civil action in accordance with section 7002.
       ``(h)  Use of Coal Combustion Residuals.--
       ``(1) In general.--Except as provided in paragraph (2), use 
     of coal combustion residuals in any of the following ways, 
     and storage prior to such use, shall not be considered to be 
     receipt of coal combustion residuals for the purposes of this 
     section:
       ``(A) Use as--
       ``(i) engineered structural fill constructed in accordance 
     with--

       ``(I) ASTM E2277 entitled `Standard Guide for Design and 
     Construction of Coal Ash Structural Fills', including any 
     amendment or revision to that guidance;
       ``(II) any other published national standard determined 
     appropriate by the implementing agency, including standards 
     issued by the American Association of State and Highway 
     Transportation Officials and the Federal Highway 
     Administration; or
       ``(III) a State standard or program relating to--

       ``(aa) fill operations for coal combustion residuals; or
       ``(bb) the management of coal combustion residuals for 
     beneficial use; or
       ``(ii) engineered structural fill for--

       ``(I) a building site or foundation;
       ``(II) a base or embankment for a bridge, roadway, runway, 
     or railroad; or
       ``(III) a dike, levee, berm, or dam that is not part of a 
     structure.

       ``(B) Beneficial use--
       ``(i) that provides a functional benefit;
       ``(ii) that is a substitute for the use of a virgin 
     material; and
       ``(iii) that meets relevant product specifications and 
     regulatory or design standards, if any, including standards 
     issued by voluntary consensus standards bodies such as ASTM 
     International and the American Concrete Institute.
       ``(2) Exception.--With respect to a use described in 
     paragraph (1) that involves placement on the land of coal 
     combustion residuals in non-roadway and non-highway 
     applications, the implementing agency may, on a case-by-case 
     basis, determine that long-term storage of coal combustion 
     residuals at the generating facility for such a use or 
     permanent unencapsulated use of very large volumes of coal 
     combustion residuals constitutes receipt of coal combustion 
     residuals for the purposes of this section if the storage or 
     use results in releases of hazardous constituents to 
     groundwater, surface water, soil, or air--
       ``(A) in greater amounts than those that would occur from 
     long-term storage or use of a material that would be used 
     instead of coal combustion residuals; or
       ``(B) that exceed relevant regulatory and health-based 
     benchmarks, as determined by the implementing agency.
       ``(i) Effect of Rule.--
       ``(1) In general.--With respect to the final rule entitled 
     `Hazardous and Solid Waste Management System; Disposal of 
     Coal Combustion Residuals from Electric Utilities' and 
     published in the Federal Register on April 17, 2015 (80 Fed. 
     Reg. 21302)--
       ``(A) such rule shall be implemented only through a coal 
     combustion residuals permit program under this section; and
       ``(B) to the extent that any provision or requirement of 
     such rule conflicts, or is inconsistent, with a provision or 
     requirement of this section, the provision or requirement of 
     this section shall control.
       ``(2) Effective date.--For purposes of this section, any 
     reference in part 257 of title 40, Code of Federal 
     Regulations, to the effective date of such part shall be 
     considered to be a reference to the date of enactment of this 
     section, except that, in the case of any deadline established 
     by such a reference that is in conflict with a deadline 
     established by this section, the deadline established by this 
     section shall control.
       ``(3) Applicability of other regulations.--The application 
     of section 257.52 of title 40, Code of Federal Regulations, 
     is not affected by this section.

[[Page S294]]

       ``(4) Definitions.--The definitions under section 257.53 of 
     title 40, Code of Federal Regulations, shall apply with 
     respect to any criteria described in subsection (c) the 
     requirements of which are incorporated into a coal combustion 
     residuals permit program under this section, except--
       ``(A) as provided in paragraph (1); and
       ``(B) a lead State implementing agency may apply different 
     definitions if--
       ``(i) the different definitions do not conflict with the 
     definitions in subsection (j); and
       ``(ii) the lead State implementing agency--

       ``(I) identifies the different definitions in the 
     explanation included with the application submitted under 
     subsection (b)(2); and
       ``(II) provides in such explanation a reasonable basis for 
     the application of the different definitions.

       ``(j) Definitions.--In this section:
       ``(1) Coal combustion residuals.--The term `coal combustion 
     residuals' means the following wastes generated by electric 
     utilities and independent power producers:
       ``(A) The solid wastes listed in section 3001(b)(3)(A)(i) 
     that are generated primarily from the combustion of coal, 
     including recoverable materials from such wastes.
       ``(B) Coal combustion wastes that are co-managed with 
     wastes produced in conjunction with the combustion of coal, 
     provided that such wastes are not segregated and disposed of 
     separately from the coal combustion wastes and comprise a 
     relatively small proportion of the total wastes being 
     disposed in the structure.
       ``(C) Fluidized bed combustion wastes that are generated 
     primarily from the combustion of coal.
       ``(D) Wastes from the co-burning of coal with non-hazardous 
     secondary materials, provided that coal makes up at least 50 
     percent of the total fuel burned.
       ``(E) Wastes from the co-burning of coal with materials 
     described in subparagraph (A) that are recovered from 
     monofills.
       ``(2) Coal combustion residuals permit program.--The term 
     `coal combustion residuals permit program' means all of the 
     authorities, activities, and procedures that comprise a 
     system of prior approval and conditions implemented under 
     this section to regulate the management and disposal of coal 
     combustion residuals.
       ``(3) Electric utility; independent power producer.--The 
     terms `electric utility' and `independent power producer' 
     include only electric utilities and independent power 
     producers that produce electricity on or after the date of 
     enactment of this section.
       ``(4) Existing structure.--The term `existing structure' 
     means a structure the construction of which commenced before 
     the date of enactment of this section.
       ``(5) Implementing agency.--The term `implementing agency' 
     means the agency responsible for implementing a coal 
     combustion residuals permit program, which shall either be 
     the lead State implementing agency identified under 
     subsection (b)(2)(B)(i) or the Administrator pursuant to 
     subsection (d).
       ``(6) Inactive coal combustion residuals surface 
     impoundment.--The term `inactive coal combustion residuals 
     surface impoundment' means a surface impoundment, located at 
     an electric utility or independent power producer, that, as 
     of the date of enactment of this section--
       ``(A) does not receive coal combustion residuals;
       ``(B) contains coal combustion residuals; and
       ``(C) contains liquid.
       ``(7) Indian country.--The term `Indian country' has the 
     meaning given that term in section 1151 of title 18, United 
     States Code.
       ``(8) Structure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `structure' means a landfill, surface impoundment, 
     sand or gravel pit, or quarry that receives coal combustion 
     residuals on or after the date of enactment of this section.
       ``(B) Exceptions.--
       ``(i) Municipal solid waste landfills.--The term 
     `structure' does not include a municipal solid waste landfill 
     meeting the revised criteria promulgated under section 
     4010(c).
       ``(ii) Coal mines.--The term `structure' does not include 
     the location of surface coal mining and reclamation 
     operations or surface coal mining operations (as those terms 
     are defined in section 701 of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1291)) or an active or 
     abandoned underground coal mine.
       ``(iii) De minimis receipt.--The term `structure' does not 
     include any landfill or surface impoundment that receives 
     only de minimis quantities of coal combustion residuals if 
     the presence of coal combustion residuals is incidental to 
     the material managed in the landfill or surface impoundment.
       ``(9) Unlined surface impoundment.--The term `unlined 
     surface impoundment' means a surface impoundment that does 
     not have a liner system described in section 257.71 of title 
     40, Code of Federal Regulations.''.
       (b) Conforming Amendment.--The table of contents contained 
     in section 1001 of the Solid Waste Disposal Act is amended by 
     inserting after the item relating to section 4010 the 
     following:

``Sec. 4011. Management and disposal of coal combustion residuals.''.

     SEC. __03. EFFECT ON REGULATORY DETERMINATIONS.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to alter in any manner the effect 
     on coal combustion residuals (as defined in section 4011 of 
     the Solid Waste Disposal Act, as added by this title) of the 
     Environmental Protection Agency's regulatory determinations 
     entitled--
       (1) ``Notice of Regulatory Determination on Wastes From the 
     Combustion of Fossil Fuels'', published at 65 Fed. Reg. 32214 
     (May 22, 2000); and
       (2) ``Final Regulatory Determination on Four Large-Volume 
     Wastes From the Combustion of Coal by Electric Utility Power 
     Plants'', published at 58 Fed. Reg. 42466 (August 9, 1993).

     SEC. 4. TECHNICAL ASSISTANCE.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to affect the authority of a State 
     to request, or the Administrator of the Environmental 
     Protection Agency to provide, technical assistance under the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

     SEC. 5. FEDERAL POWER ACT.

       Nothing in this title, or the amendments made by this 
     title, shall be construed to affect the obligations of an 
     owner or operator of a structure (as such term is defined in 
     section 4011 of the Solid Waste Disposal Act, as added by 
     this Act) under section 215(b)(1) of the Federal Power Act 
     (16 U.S.C. 824o(b)(1)).
                                 ______
                                 
  SA 3039. Mr. HOEVEN (for himself and Mr. Donnelly) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title II, add the following:

          Subtitle F--North American Energy Infrastructure Act

     SEC. 2501. DEFINITIONS.

       In this subtitle:
       (1) Cross-border segment.--The term ``cross-border 
     segment'' means the portion of an oil or natural gas pipeline 
     or electric transmission facility that is located at the 
     national boundary of the United States with Canada or Mexico.
       (2) Electric reliability organization.--The term ``Electric 
     Reliability Organization'' has the meaning given the term in 
     section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
       (3) Independent system operator.--The term ``Independent 
     System Operator'' has the meaning given the term in section 3 
     of the Federal Power Act (16 U.S.C. 796).
       (4) Modification.--The term ``modification'' includes--
       (A) a change in ownership;
       (B) a volume expansion;
       (C) a downstream or upstream interconnection; or
       (D) an adjustment to maintain flow (such as a reduction or 
     increase in the number of pump or compressor stations).
       (5) Natural gas.--The term ``natural gas'' has the meaning 
     given the term in section 2 of the Natural Gas Act (15 U.S.C. 
     717a).
       (6) Oil.--The term ``oil'' means petroleum or a petroleum 
     product.
       (7) Regional entity.--The term ``regional entity'' has the 
     meaning given the term in section 215(a) of the Federal Power 
     Act (16 U.S.C. 824o(a)).
       (8) Regional transmission organization.--The term 
     ``Regional Transmission Organization'' has the meaning given 
     the term in section 3 of the Federal Power Act (16 U.S.C. 
     796).

     SEC. 2502. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE 
                   PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED 
                   STATES.

       (a) Authorization.--Except as provided in subsection (c) 
     and section 2506, no person may construct, connect, operate, 
     or maintain a cross-border segment of an oil pipeline or 
     electric transmission facility for the import or export of 
     oil or the transmission of electricity to or from Canada or 
     Mexico without obtaining a certificate of crossing for the 
     construction, connection, operation, or maintenance of the 
     cross-border segment under this section.
       (b) Certificate of Crossing.--
       (1) Requirement.--Not later than 120 days after final 
     action is taken under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) with respect to a cross-
     border segment for which a request is received under this 
     section, the relevant official identified under paragraph 
     (2), in consultation with appropriate Federal agencies, shall 
     issue a certificate of crossing for the cross-border segment 
     unless the relevant official finds that the construction, 
     connection, operation, or maintenance of the cross-border 
     segment is not in the public interest of the United States.
       (2) Relevant official.--The relevant official referred to 
     in paragraph (1) is--
       (A) the Secretary of State with respect to oil pipelines; 
     and
       (B) the Secretary of Energy with respect to electric 
     transmission facilities.
       (3) Additional requirement for electric transmission 
     facilities.--In the case of a request for a certificate of 
     crossing for the construction, connection, operation, or 
     maintenance of a cross-border segment of an electric 
     transmission facility, the Secretary of Energy shall require, 
     as a condition of issuing the certificate of crossing for the 
     request under paragraph (1), that the cross-

[[Page S295]]

     border segment of the electric transmission facility be 
     constructed, connected, operated, or maintained consistent 
     with all applicable policies and standards of--
       (A) the Electric Reliability Organization and the 
     applicable regional entity; and
       (B) any Regional Transmission Organization or Independent 
     System Operator with operational or functional control over 
     the cross-border segment of the electric transmission 
     facility.
       (c) Exclusions.--This section shall not apply to any 
     construction, connection, operation, or maintenance of a 
     cross-border segment of an oil pipeline or electric 
     transmission facility for the import or export of oil or the 
     transmission of electricity to or from Canada or Mexico--
       (1) if the cross-border segment is operating for the 
     import, export, or transmission as of the date of enactment 
     of this Act;
       (2) if a permit described in section 2505 for the 
     construction, connection, operation, or maintenance has been 
     issued;
       (3) if a certificate of crossing for the construction, 
     connection, operation, or maintenance has previously been 
     issued under this section; or
       (4) if an application for a permit described in section 
     2505 for the construction, connection, operation, or 
     maintenance is pending on the date of enactment of this Act, 
     until the earlier of--
       (A) the date on which the application is denied; or
       (B) July 1, 2016.
       (d) Effect of Other Laws.--
       (1) Application to projects.--Nothing in this section or 
     section 2506 affects the application of any other Federal law 
     to a project for which a certificate of crossing for the 
     construction, connection, operation, or maintenance of a 
     cross-border segment is sought under this section.
       (2) Energy policy and conservation act.--Nothing in this 
     section or section 2506 shall affect the authority of the 
     President under section 103(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6212(a)).

     SEC. 2503. IMPORTATION OR EXPORTATION OF NATURAL GAS TO 
                   CANADA AND MEXICO.

       Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is 
     amended--
       (1) by striking ``(c) For purposes'' and inserting the 
     following:
       ``(c) Expedited Application and Approval Process.--
       ``(1) In general.--For purposes''; and
       (2) by adding at the end the following:
       ``(2) Deadline for approval of applications relating to 
     canada and mexico.--In the case of an application for the 
     importation or exportation of natural gas to or from Canada 
     or Mexico, the Commission shall approve the application not 
     later than 30 days after the date of receipt of the 
     application.''.

     SEC. 2504. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND 
                   MEXICO.

       (a) Repeal of Requirement To Secure Order.--Section 202 of 
     the Federal Power Act (16 U.S.C. 824a) is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.
       (b) Conforming Amendments.--
       (1) State regulations.--Subsection (e) of section 202 of 
     the Federal Power Act (16 U.S.C. 824a) (as redesignated by 
     subsection (a)(2)) is amended in the second sentence by 
     striking ``insofar as such State regulation does not conflict 
     with the exercise of the Commission's powers under or 
     relating to subsection 202(e)''.
       (2) Seasonal diversity electricity exchange.--Section 
     602(b) of the Public Utility Regulatory Policies Act of 1978 
     (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission 
     has conducted hearings and made the findings required under 
     section 202(e) of the Federal Power Act'' and all that 
     follows through the period at the end of the second sentence 
     and inserting ``the Secretary has conducted hearings and 
     finds that the proposed transmission facilities would not 
     impair the sufficiency of electric supply within the United 
     States or would not impede or tend to impede the coordination 
     in the public interest of facilities subject to the 
     jurisdiction of the Secretary.''.

     SEC. 2505. NO PRESIDENTIAL PERMIT REQUIRED.

       (a) In General.--No Presidential permit (or similar permit) 
     required under an applicable provision described in 
     subsection (b) shall be necessary for the construction, 
     connection, operation, or maintenance of an oil or natural 
     gas pipeline or electric transmission facility, or any cross-
     border segment of the pipeline or facility.
       (b) Applicable Provisions.--Subsection (a) applies to--
       (1) section 301 of title 3, United States Code;
       (2) Executive Order 11423 (3 U.S.C. 301 note);
       (3) Executive Order 13337 (3 U.S.C. 301 note);
       (4) Executive Order 10485 (15 U.S.C. 717b note);
       (5) Executive Order 12038 (42 U.S.C. 7151 note); and
       (6) any other Executive order.

     SEC. 2506. MODIFICATIONS TO EXISTING PROJECTS.

       No certificate of crossing under section 2502, or permit 
     described in section 2505, shall be required for a 
     modification to the construction, connection, operation, or 
     maintenance of an oil or natural gas pipeline or electric 
     transmission facility--
       (1) that is operating for the import or export of oil or 
     natural gas or the transmission of electricity to or from 
     Canada or Mexico as of the date of enactment of the Act;
       (2) for which a permit described in section 2505 for the 
     construction, connection, operation, or maintenance has been 
     issued; or
       (3) for which a certificate of crossing for the cross-
     border segment of the pipeline or facility has previously 
     been issued under section 2502.

     SEC. 2507. EFFECTIVE DATE; RULEMAKING DEADLINES.

       (a) Effective Date.--Sections 2502 through 2506, and the 
     amendments made by those sections, take effect on July 1, 
     2016.
       (b) Rulemaking Deadlines.--Each relevant official described 
     in section 2502(b)(2) shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, publish in the Federal Register notice of a 
     proposed rulemaking to carry out the applicable requirements 
     of section 2502; and
       (2) not later than 1 year after the date of enactment of 
     this Act, publish in the Federal Register a final rule to 
     carry out the applicable requirements of section 2502.
                                 ______
                                 
  SA 3040. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. REGULATION OF TRANSPORTATION AND STORAGE OF 
                   PETROLEUM COKE.

       This Act shall not take effect prior to the date that--
       (1) the Administrator of the Environmental Protection 
     Agency, in consultation with the Secretary of Transportation, 
     promulgates rules to ensure that all petroleum coke that 
     results from the refining of oil transported by a pipeline in 
     the United States is stored and transported in a manner that 
     protects public and ecological health; and
       (2) petroleum coke is no longer exempt from regulation 
     under section 101(14) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601(14)), which may be established either by an Act of 
     Congress or any regulations, rules, or guidance issued by the 
     Administrator of the Environmental Protection Agency.
                                 ______
                                 
  SA 3041. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 320, strike line 22 and all that follows 
     through line 25 on page 322 and insert the following:
       (C) secondary and postsecondary education organizations; 
     and
       (D) workforce development boards;
       (2) demonstrates experience in implementing and operating 
     job training and education programs;
       (3) demonstrates the ability to recruit and support 
     individuals who plan to work in the energy industry in the 
     successful completion of relevant job training and education 
     programs; and
       (4) provides students who complete the job training and 
     education program with an industry-recognized credential.
       (c) Applications.--Eligible entities desiring a grant under 
     this section shall submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       (d) Priority.--In selecting eligible entities to receive 
     grants under this section, the Secretary shall prioritize 
     applicants that--
       (1) house the job training and education programs in--
       (A) a community college or institution of higher education 
     that includes basic science and math education in the 
     curriculum of the community college, institution of higher 
     education; or
       (B) an apprenticeship program registered with the 
     Department of Labor or a State;
       (2) work with the Secretary of Defense or veterans 
     organizations to transition members of the Armed Forces and 
     veterans to careers in the energy sector;
       (3) work with Indian tribes (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b));
       (4) apply as a State or regional consortia to leverage best 
     practices already available in the State or region in which 
     the community college or institution of higher education is 
     located;
       (5) have a State-supported entity included in the 
     consortium applying for the grant;
       (6) include an apprenticeship program registered with the 
     Department of Labor or a State as part of the job training 
     and education program;
       (7) provide support services and career coaching;
       (8) provide introductory energy workforce development 
     training;
       (9) work with not less than 1 local educational agency, 
     area career and technical education school, or educational 
     service agency (as such terms are defined in section 3 of the 
     Carl D. Perkins Career and Technical

[[Page S296]]

     Education Act of 2006 (20 U.S.C. 2302)), that offers a 
     relevant career and technical program of study (as described 
     in section 122(c)(1)(A) of such Act (20 U.S.C. 
     2342(c)(1)(A)));
       (10) work with minority-serving institutions to provide job 
     training to increase the number of skilled minorities and 
     women in the energy sector; or
       (11) provide job training for displaced and unemployed 
     workers in the energy sector.

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