[Congressional Record Volume 162, Number 20 (Wednesday, February 3, 2016)]
[Senate]
[Pages S580-S623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3232. Mr. MARKEY (for himself and Mr. Menendez) 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. ____. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF 
                   REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 
                   2002-2007 PLANNING AREAS OF GULF OF MEXICO.

       Section 105 of the Gulf of Mexico Energy Security Act of 
     2006 (43 U.S.C. 1331 note) is amended to read as follows:

     ``SEC. 105. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF 
                   REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 
                   2002-2007 PLANNING AREAS OF GULF OF MEXICO.

       ``Notwithstanding section 9 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1338) and subject to the other 
     provisions of this section, for each applicable fiscal year, 
     the Secretary of the Treasury shall deposit--
       ``(1) 87.5 percent of qualified outer Continental Shelf 
     revenues in the general fund of the Treasury; and
       ``(2) 12.5 percent of qualified outer Continental Shelf 
     revenues in a special account in the Land and Water 
     Conservation Fund established under section 200302 of title 
     54, United States Code, from which the Secretary shall 
     disburse, without further appropriation, 100 percent to 
     provide financial assistance to States in accordance with 
     section 200305 of that title, which shall be considered 
     income to the Land and Water Conservation Fund for purposes 
     of section 200302 of that title.''.
                                 ______
                                 
  SA 3233. Mr. WARNER (for himself and Mr. Kaine) 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. INTERAGENCY TRANSFER OF LAND ALONG GEORGE 
                   WASHINGTON MEMORIAL PARKWAY.

       (a) Definition.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Research center.--The term ``Research Center'' means 
     the Federal Highway Administration's Turner-Fairbank Highway 
     Research Center.
       (3) Map.--The term ``Map'' means the map titled ``George 
     Washington Memorial Parkway--Claude Moore Farm Proposed 
     Boundary Adjustment'', numbered 850_130815, and dated 
     December 2015.
       (b) Administrative Jurisdiction Transfer.--
       (1) Transfer of jurisdiction.--The Secretary and the 
     Secretary of Transportation, as appropriate, are authorized 
     to exchange administrative jurisdiction of--
       (A) approximately 0.342 acres of Federal land under the 
     jurisdiction of the Department of the Interior within the 
     boundary of the George Washington Memorial Parkway, generally 
     depicted as ``B'' on the Map; and
       (B) the approximately 0.479 acres of Federal land within 
     the boundary of the Research Center land under the 
     jurisdiction of the Department of Transportation adjacent to 
     the boundary of the George Washington Memorial Parkway, 
     generally depicted as ``A'' on the Map.
       (2) Use restriction.--The Secretary shall restrict the use 
     of 0.139 acres of Federal land within the boundary of the 
     George Washington Memorial Parkway immediately adjacent to 
     part of the north perimeter fence of the Research Center, 
     generally depicted as ``C'' on the Map, by prohibiting the 
     storage, construction, or installation of any item that may 
     interfere with the Research Center's access to the land for 
     security and maintenance purposes.
       (3) Reimbursement or consideration.--The transfers of 
     administrative jurisdiction under this section shall occur 
     without reimbursement or consideration.
       (4) Compliance with agreement.--
       (A) Agreement.--The National Park Service and the Federal 
     Highway Administration shall comply with all terms and 
     conditions of the Agreement entered into by the parties on 
     September 11, 2002, regarding the transfer of administrative 
     jurisdiction, management, and maintenance of the lands 
     discussed in that Agreement.
       (B) Access to restricted land.--
       (i) In general.--Subject to clauses (ii) and (iii), the 
     Secretary shall allow the Research Center to access the land 
     described in paragraph (1)(B) for purposes of transportation 
     to and from the Research Center and maintenance in accordance 
     with National Park Service standards, including grass mowing, 
     weed control, tree maintenance, fence maintenance, and 
     maintenance of the visual appearance of the land.
       (ii) Pruning and removal of tress.--No tree on the land 
     described in paragraph (1)(B) that is 6 inches or more in 
     diameter shall be pruned or removed without the advance 
     written permission of the Secretary.
       (iii) Pesticides.--The use of pesticides on the land 
     described in paragraph (1)(B) shall be approved in writing by 
     the Secretary prior to application of the pesticides.
       (c) Management of Transferred Lands.--
       (1) Interior land.--The Federal land transferred to the 
     Secretary under this section shall be included in the 
     boundaries of the George Washington Memorial Parkway and 
     shall be administered by the National Park Service as part of 
     the parkway subject to applicable laws and regulations.
       (2) Transportation land.--The Federal land transferred to 
     the Secretary of Transportation under this section shall be 
     included in the boundary of the Research Center and shall be 
     removed from the boundary of parkway.
       (3) Restricted-use land.--The Federal land the Secretary 
     has designated for restricted use under subsection (b)(2) 
     shall be maintained by the Research Center.

[[Page S581]]

       (d) Map on File.--The Map shall be available for public 
     inspection in the appropriate offices of the National Park 
     Service, Department of Interior.
                                 ______
                                 
  SA 3234. Ms. MURKOWSKI (for herself and Ms. Cantwell) 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 end, add the following:

                      TITLE VI--NATURAL RESOURCES

            Subtitle A--Land Conveyances and Related Matters

     SEC. 6001. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.

       (a) In General.--The boundary of the Arapaho National 
     Forest in the State of Colorado is adjusted to incorporate 
     the approximately 92.95 acres of land generally depicted as 
     ``The Wedge'' on the map entitled ``Arapaho National Forest 
     Boundary Adjustment'' and dated November 6, 2013, and 
     described as lots three, four, eight, and nine of section 13, 
     Township 4 North, Range 76 West, Sixth Principal Meridian, 
     Colorado. A lot described in this subsection may be included 
     in the boundary adjustment only after the Secretary of 
     Agriculture obtains written permission for such action from 
     the lot owner or owners.
       (b) Bowen Gulch Protection Area.--The Secretary of 
     Agriculture shall include all Federal land within the 
     boundary described in subsection (a) in the Bowen Gulch 
     Protection Area established under section 6 of the Colorado 
     Wilderness Act of 1993 (16 U.S.C. 539j).
       (c) Land and Water Conservation Fund.--For purposes of 
     section 200306(a)(2)(B)(i) of title 54, United States Code, 
     the boundaries of the Arapaho National Forest, as modified 
     under subsection (a), shall be considered to be the 
     boundaries of the Arapaho National Forest as in existence on 
     January 1, 1965.
       (d) Public Motorized Use.--Nothing in this section opens 
     privately owned lands within the boundary described in 
     subsection (a) to public motorized use.
       (e) Access to Non-Federal Lands.--Notwithstanding the 
     provisions of section 6(f) of the Colorado Wilderness Act of 
     1993 (16 U.S.C. 539j(f)) regarding motorized travel, the 
     owners of any non-Federal lands within the boundary described 
     in subsection (a) who historically have accessed their lands 
     through lands now or hereafter owned by the United States 
     within the boundary described in subsection (a) shall have 
     the continued right of motorized access to their lands across 
     the existing roadway.

     SEC. 6002. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER 
                   NATIONAL FOREST, COLORADO.

       (a) Land Conveyance Required.--Consistent with the purpose 
     of the Act of March 3, 1909 (43 U.S.C. 772), all right, 
     title, and interest of the United States (subject to 
     subsection (b)) in and to a parcel of land consisting of 
     approximately 148 acres as generally depicted on the map 
     entitled ``Elkhorn Ranch Land Parcel-White River National 
     Forest'' and dated March 2015 shall be conveyed by patent to 
     the Gordman-Leverich Partnership, a Colorado Limited 
     Liability Partnership (in this section referred to as 
     ``GLP'').
       (b) Existing Rights.--The conveyance under subsection (a)--
       (1) is subject to the valid existing rights of the lessee 
     of Federal oil and gas lease COC-75070 and any other valid 
     existing rights; and
       (2) shall reserve to the United States the right to collect 
     rent and royalty payments on the lease referred to in 
     paragraph (1) for the duration of the lease.
       (c) Existing Boundaries.--The conveyance under subsection 
     (a) does not modify the exterior boundary of the White River 
     National Forest or the boundaries of Sections 18 and 19 of 
     Township 7 South, Range 93 West, Sixth Principal Meridian, 
     Colorado, as such boundaries are in effect on the date of the 
     enactment of this Act.
       (d) Time for Conveyance; Payment of Costs.--The conveyance 
     directed under subsection (a) shall be completed not later 
     than 180 days after the date of the enactment of this Act. 
     The conveyance shall be without consideration, except that 
     all costs incurred by the Secretary of the Interior relating 
     to any survey, platting, legal description, or other 
     activities carried out to prepare and issue the patent shall 
     be paid by GLP to the Secretary prior to the land conveyance.

     SEC. 6003. LAND EXCHANGE IN CRAGS, COLORADO.

       (a) Purposes.--The purposes of this section are--
       (1) to authorize, direct, expedite, and facilitate the land 
     exchange set forth herein; and
       (2) to promote enhanced public outdoor recreational and 
     natural resource conservation opportunities in the Pike 
     National Forest near Pikes Peak, Colorado, via acquisition of 
     the non-Federal land and trail easement.
       (b) Definitions.--In this section:
       (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a 
     Colorado corporation.
       (2) Federal land.--The term ``Federal land'' means all 
     right, title, and interest of the United States in and to 
     approximately 83 acres of land within the Pike National 
     Forest, El Paso County, Colorado, together with a non-
     exclusive perpetual access easement to BHI to and from such 
     land on Forest Service Road 371, as generally depicted on the 
     map entitled ``Proposed Crags Land Exchange-Federal Parcel-
     Emerald Valley Ranch'', dated March 2015.
       (3) Non-federal land.--The term ``non-Federal land'' means 
     the land and trail easement to be conveyed to the Secretary 
     by BHI in the exchange and is--
       (A) approximately 320 acres of land within the Pike 
     National Forest, Teller County, Colorado, as generally 
     depicted on the map entitled ``Proposed Crags Land Exchange-
     Non-Federal Parcel-Crags Property'', dated March 2015; and
       (B) a permanent trail easement for the Barr Trail in El 
     Paso County, Colorado, as generally depicted on the map 
     entitled ``Proposed Crags Land Exchange-Barr Trail Easement 
     to United States'', dated March 2015, and which shall be 
     considered as a voluntary donation to the United States by 
     BHI for all purposes of law.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, unless otherwise specified.
       (c) Land Exchange.--
       (1) In general.--If BHI offers to convey to the Secretary 
     all right, title, and interest of BHI in and to the non-
     Federal land, the Secretary shall accept the offer and 
     simultaneously convey to BHI the Federal land.
       (2) Land title.--Title to the non-Federal land conveyed and 
     donated to the Secretary under this section shall be 
     acceptable to the Secretary and shall conform to the title 
     approval standards of the Attorney General of the United 
     States applicable to land acquisitions by the Federal 
     Government.
       (3) Perpetual access easement to bhi.--The nonexclusive 
     perpetual access easement to be granted to BHI as shown on 
     the map referred to in subsection (b)(2) shall allow--
       (A) BHI to fully maintain, at BHI's expense, and use Forest 
     Service Road 371 from its junction with Forest Service Road 
     368 in accordance with historic use and maintenance patterns 
     by BHI; and
       (B) full and continued public and administrative access and 
     use of FSR 371 in accordance with the existing Forest Service 
     travel management plan, or as such plan may be revised by the 
     Secretary.
       (4) Route and condition of road.--BHI and the Secretary may 
     mutually agree to improve, relocate, reconstruct, or 
     otherwise alter the route and condition of all or portions of 
     such road as the Secretary, in close consultation with BHI, 
     may determine advisable.
       (5) Exchange costs.--BHI shall pay for all land survey, 
     appraisal, and other costs to the Secretary as may be 
     necessary to process and consummate the exchange directed by 
     this section, including reimbursement to the Secretary, if 
     the Secretary so requests, for staff time spent in such 
     processing and consummation.
       (d) Equal Value Exchange and Appraisals.--
       (1) Appraisals.--The values of the lands to be exchanged 
     under this section shall be determined by the Secretary 
     through appraisals performed in accordance with--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisitions;
       (B) the Uniform Standards of Professional Appraisal 
     Practice;
       (C) appraisal instructions issued by the Secretary; and
       (D) shall be performed by an appraiser mutually agreed to 
     by the Secretary and BHI.
       (2) Equal value exchange.--The values of the Federal and 
     non-Federal land parcels exchanged shall be equal, or if they 
     are not equal, shall be equalized as follows:
       (A) Surplus of federal land value.--If the final appraised 
     value of the Federal land exceeds the final appraised value 
     of the non-Federal land parcel identified in subsection 
     (b)(3)(A), BHI shall make a cash equalization payment to the 
     United States as necessary to achieve equal value, including, 
     if necessary, an amount in excess of that authorized pursuant 
     to section 206(b) of the Federal Land Policy and Management 
     Act of l976 (43 U.S.C. 1716(b)).
       (B) Use of funds.--Any cash equalization moneys received by 
     the Secretary under subparagraph (A) shall be--
       (i) deposited in the fund established under Public Law 90-
     171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
       (ii) made available to the Secretary for the acquisition of 
     land or interests in land in Region 2 of the Forest Service.
       (C) Surplus of non-federal land value.--If the final 
     appraised value of the non-Federal land parcel identified in 
     subsection (b)(3)(A) exceeds the final appraised value of the 
     Federal land, the United States shall not make a cash 
     equalization payment to BHI, and surplus value of the non-
     Federal land shall be considered a donation by BHI to the 
     United States for all purposes of law.
       (3) Appraisal exclusions.--
       (A) Special use permit.--The appraised value of the Federal 
     land parcel shall not reflect any increase or diminution in 
     value due to the special use permit existing on the date of 
     the enactment of this Act to BHI on the parcel and 
     improvements thereunder.
       (B) Barr trail easement.--The Barr Trail easement donation 
     identified in subsection (b)(3)(B) shall not be appraised for 
     purposes of this section.
       (e) Miscellaneous Provisions.--
       (1) Withdrawal provisions.--

[[Page S582]]

       (A) Withdrawal.--Lands acquired by the Secretary under this 
     section shall, without further action by the Secretary, be 
     permanently withdrawn from all forms of appropriation and 
     disposal under the public land laws (including the mining and 
     mineral leasing laws) and the Geothermal Steam Act of 1930 
     (30 U.S.C. 1001 et seq.).
       (B) Withdrawal revocation.--Any public land order that 
     withdraws the Federal land from appropriation or disposal 
     under a public land law shall be revoked to the extent 
     necessary to permit disposal of the Federal land parcel to 
     BHI.
       (C) Withdrawal of federal land.--All Federal land 
     authorized to be exchanged under this section, if not already 
     withdrawn or segregated from appropriation or disposal under 
     the public lands laws upon enactment of this Act, is hereby 
     so withdrawn, subject to valid existing rights, until the 
     date of conveyance of the Federal land to BHI.
       (2) Postexchange land management.--Land acquired by the 
     Secretary under this section shall become part of the Pike-
     San Isabel National Forest and be managed in accordance with 
     the laws, rules, and regulations applicable to the National 
     Forest System.
       (3) Exchange timetable.--It is the intent of Congress that 
     the land exchange directed by this section be consummated no 
     later than 1 year after the date of the enactment of this 
     Act.
       (4) Maps, estimates, and descriptions.--
       (A) Minor errors.--The Secretary and BHI may by mutual 
     agreement make minor boundary adjustments to the Federal and 
     non-Federal lands involved in the exchange, and may correct 
     any minor errors in any map, acreage estimate, or description 
     of any land to be exchanged.
       (B) Conflict.--If there is a conflict between a map, an 
     acreage estimate, or a description of land under this 
     section, the map shall control unless the Secretary and BHI 
     mutually agree otherwise.
       (C) Availability.--Upon enactment of this Act, the 
     Secretary shall file and make available for public inspection 
     in the headquarters of the Pike-San Isabel National Forest a 
     copy of all maps referred to in this section.

     SEC. 6004. CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS 
                   AREAS.

       (a) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map entitled ``Rio 
     Grande del Norte National Monument Proposed Wilderness 
     Areas'' and dated July 28, 2015.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Wilderness area.--The term ``wilderness area'' means a 
     wilderness area designated by subsection (b)(1).
       (b) Designation of Cerro Del Yuta and Rio San Antonio 
     Wilderness Areas.--
       (1) In general.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the Rio Grande 
     del Norte National Monument are designated as wilderness and 
     as components of the National Wilderness Preservation System:
       (A) Cerro del yuta wilderness.--Certain land administered 
     by the Bureau of Land Management in Taos County, New Mexico, 
     comprising approximately 13,420 acres as generally depicted 
     on the map, which shall be known as the ``Cerro del Yuta 
     Wilderness''.
       (B) Rio san antonio wilderness.--Certain land administered 
     by the Bureau of Land Management in Rio Arriba County, New 
     Mexico, comprising approximately 8,120 acres, as generally 
     depicted on the map, which shall be known as the ``Rio San 
     Antonio Wilderness''.
       (2) Management of wilderness areas.--Subject to valid 
     existing rights, the wilderness areas shall be administered 
     in accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.) and this section, except that with respect to the 
     wilderness areas designated by this subsection--
       (A) any reference to the effective date of the Wilderness 
     Act shall be considered to be a reference to the date of 
     enactment of this Act; and
       (B) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (3) Incorporation of acquired land and interests in land.--
     Any land or interest in land within the boundary of the 
     wilderness areas that is acquired by the United States 
     shall--
       (A) become part of the wilderness area in which the land is 
     located; and
       (B) be managed in accordance with--
       (i) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (ii) this section; and
       (iii) any other applicable laws.
       (4) Grazing.--Grazing of livestock in the wilderness areas, 
     where established before the date of enactment of this Act, 
     shall be administered in accordance with--
       (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (B) the guidelines set forth in appendix A of the Report of 
     the Committee on Interior and Insular Affairs to accompany 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (5) Buffer zones.--
       (A) In general.--Nothing in this section creates a 
     protective perimeter or buffer zone around the wilderness 
     areas.
       (B) Activities outside wilderness areas.--The fact that an 
     activity or use on land outside a wilderness area can be seen 
     or heard within the wilderness area shall not preclude the 
     activity or use outside the boundary of the wilderness area.
       (6) Release of wilderness study areas.--Congress finds 
     that, for purposes of section 603(c) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the 
     public land within the San Antonio Wilderness Study Area not 
     designated as wilderness by this subsection--
       (A) has been adequately studied for wilderness designation;
       (B) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (C) shall be managed in accordance with this section.
       (7) Maps and legal descriptions.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file the map and 
     legal descriptions of the wilderness areas with--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (B) Force of law.--The map and legal descriptions filed 
     under subparagraph (A) shall have the same force and effect 
     as if included in this section, except that the Secretary may 
     correct errors in the legal description and map.
       (C) Public availability.--The map and legal descriptions 
     filed under subparagraph (A) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Bureau of Land Management.
       (8) National landscape conservation system.--The wilderness 
     areas shall be administered as components of the National 
     Landscape Conservation System.
       (9) Fish and wildlife.--Nothing in this section affects the 
     jurisdiction of the State of New Mexico with respect to fish 
     and wildlife located on public land in the State.
       (10) Withdrawals.--Subject to valid existing rights, any 
     Federal land within the wilderness areas designated by 
     paragraph (1), including any land or interest in land that is 
     acquired by the United States after the date of enactment of 
     this Act, is withdrawn from--
       (A) entry, appropriation, or disposal under the public land 
     laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (11) Treaty rights.--Nothing in this section enlarges, 
     diminishes, or otherwise modifies any treaty rights.

     SEC. 6005. CLARIFICATION RELATING TO A CERTAIN LAND 
                   DESCRIPTION UNDER THE NORTHERN ARIZONA LAND 
                   EXCHANGE AND VERDE RIVER BASIN PARTNERSHIP ACT 
                   OF 2005.

       Section 104(a)(5) of the Northern Arizona Land Exchange and 
     Verde River Basin Partnership Act of 2005 (Public Law 109-
     110; 119 Stat. 2356) is amended by inserting before the 
     period at the end ``, which, notwithstanding section 
     102(a)(4)(B), includes the N\1/2\, NE\1/4\, SW\1/4\, SW\1/4\, 
     the N\1/2\, N\1/2\, SE\1/4\, SW\1/4\, and the N\1/2\, N\1/2\, 
     SW\1/4\, SE\1/4\, sec. 34, T. 22 N., R. 2 E., Gila and Salt 
     River Meridian, Coconino County, comprising approximately 25 
     acres''.

     SEC. 6006. COOPER SPUR LAND EXCHANGE CLARIFICATION 
                   AMENDMENTS.

       Section 1206(a) of the Omnibus Public Land Management Act 
     of 2009 (Public Law 111-11; 123 Stat. 1018) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C), by striking ``120 acres'' and 
     inserting ``107 acres''; and
       (B) in subparagraph (E)(ii), by inserting ``improvements,'' 
     after ``buildings,''; and
       (2) in paragraph (2)--
       (A) in subparagraph (D)--
       (i) in clause (i), by striking ``As soon as practicable 
     after the date of enactment of this Act, the Secretary and 
     Mt. Hood Meadows shall select'' and inserting ``Not later 
     than 120 days after the date of the enactment of the Energy 
     Policy Modernization Act of 2016, the Secretary and Mt. Hood 
     Meadows shall jointly select'';
       (ii) in clause (ii), in the matter preceding subclause (I), 
     by striking ``An appraisal under clause (i) shall'' and 
     inserting ``Except as provided under clause (iii), an 
     appraisal under clause (i) shall assign a separate value to 
     each tax lot to allow for the equalization of values and''; 
     and
       (iii) by adding at the end the following:
       ``(iii) Final appraised value.--

       ``(I) In general.--Subject to subclause (II), after the 
     final appraised value of the Federal land and the non-Federal 
     land are determined and approved by the Secretary, the 
     Secretary shall not be required to reappraise or update the 
     final appraised value for a period of up to 3 years, 
     beginning on the date of the approval by the Secretary of the 
     final appraised value.
       ``(II) Exception.--Subclause (I) shall not apply if the 
     condition of either the Federal land or the non-Federal land 
     referred to in subclause (I) is significantly and 
     substantially altered by fire, windstorm, or other events.

       ``(iv) Public review.--Before completing the land exchange 
     under this Act, the Secretary shall make available for public 
     review the complete appraisals of the land to be 
     exchanged.''; and
       (B) by striking subparagraph (G) and inserting the 
     following:
       ``(G) Required conveyance conditions.--Prior to the 
     exchange of the Federal and non-Federal land--
       ``(i) the Secretary and Mt. Hood Meadows may mutually agree 
     for the Secretary to reserve a conservation easement to 
     protect the

[[Page S583]]

     identified wetland in accordance with applicable law, subject 
     to the requirements that--

       ``(I) the conservation easement shall be consistent with 
     the terms of the September 30, 2015, mediation between the 
     Secretary and Mt. Hood Meadows; and
       ``(II) in order to take effect, the conservation easement 
     shall be finalized not later than 120 days after the date of 
     enactment of the Energy Policy Modernization Act of 2016; and

       ``(ii) the Secretary shall reserve a 24-foot-wide 
     nonexclusive trail easement at the existing trail locations 
     on the Federal land that retains for the United States 
     existing rights to construct, reconstruct, maintain, and 
     permit nonmotorized use by the public of existing trails 
     subject to the right of the owner of the Federal land--

       ``(I) to cross the trails with roads, utilities, and 
     infrastructure facilities; and
       ``(II) to improve or relocate the trails to accommodate 
     development of the Federal land.

       ``(H) Equalization of values.--
       ``(i) In general.--Notwithstanding subparagraph (A), in 
     addition to or in lieu of monetary compensation, a lesser 
     area of Federal land or non-Federal land may be conveyed if 
     necessary to equalize appraised values of the exchange 
     properties, without limitation, consistent with the 
     requirements of this Act and subject to the approval of the 
     Secretary and Mt. Hood Meadows.
       ``(ii) Treatment of certain compensation or conveyances as 
     donation.--If, after payment of compensation or adjustment of 
     land area subject to exchange under this Act, the amount by 
     which the appraised value of the land and other property 
     conveyed by Mt. Hood Meadows under subparagraph (A) exceeds 
     the appraised value of the land conveyed by the Secretary 
     under subparagraph (A) shall be considered a donation by Mt. 
     Hood Meadows to the United States.''.

     SEC. 6007. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Eligible.--The term ``eligible'', with respect to an 
     organization or individual, means that the organization or 
     individual, respectively, is--
       (A) acting in a not-for-profit capacity; and
       (B) composed entirely of members who, at the time of the 
     good Samaritan search-and-recovery mission, have attained the 
     age of majority under the law of the State where the mission 
     takes place.
       (2) Good samaritan search-and-recovery mission.--The term 
     ``good Samaritan search-and-recovery mission'' means a search 
     conducted by an eligible organization or individual for 1 or 
     more missing individuals believed to be deceased at the time 
     that the search is initiated.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or the Secretary of Agriculture, as 
     applicable.
       (b) Process.--
       (1) In general.--Each Secretary shall develop and implement 
     a process to expedite access to Federal land under the 
     administrative jurisdiction of the Secretary for eligible 
     organizations and individuals to request access to Federal 
     land to conduct good Samaritan search-and-recovery missions.
       (2) Inclusions.--The process developed and implemented 
     under this subsection shall include provisions to clarify 
     that--
       (A) an eligible organization or individual granted access 
     under this section--
       (i) shall be acting for private purposes; and
       (ii) shall not be considered to be a Federal volunteer;
       (B) an eligible organization or individual conducting a 
     good Samaritan search-and-recovery mission under this section 
     shall not be considered to be a volunteer under section 
     102301(c) of title 54, United States Code;
       (C) chapter 171 of title 28, United States Code (commonly 
     known as the ``Federal Tort Claims Act''), shall not apply to 
     an eligible organization or individual carrying out a 
     privately requested good Samaritan search-and-recovery 
     mission under this section; and
       (D) chapter 81 of title 5, United States Code (commonly 
     known as the ``Federal Employees Compensation Act''), shall 
     not apply to an eligible organization or individual 
     conducting a good Samaritan search-and-recovery mission under 
     this section, and the conduct of the good Samaritan search-
     and-recovery mission shall not constitute civilian 
     employment.
       (c) Release of Federal Government From Liability.--The 
     Secretary shall not require an eligible organization or 
     individual to have liability insurance as a condition of 
     accessing Federal land under this section, if the eligible 
     organization or individual--
       (1) acknowledges and consents, in writing, to the 
     provisions described in subparagraphs (A) through (D) of 
     subsection (b)(2); and
       (2) signs a waiver releasing the Federal Government from 
     all liability relating to the access granted under this 
     section and agrees to indemnify and hold harmless the United 
     States from any claims or lawsuits arising from any conduct 
     by the eligible organization or individual on Federal land.
       (d) Approval and Denial of Requests.--
       (1) In general.--The Secretary shall notify an eligible 
     organization or individual of the approval or denial of a 
     request by the eligible organization or individual to carry 
     out a good Samaritan search-and-recovery mission under this 
     section by not later than 48 hours after the request is made.
       (2) Denials.--If the Secretary denies a request from an 
     eligible organization or individual to carry out a good 
     Samaritan search-and-recovery mission under this section, the 
     Secretary shall notify the eligible organization or 
     individual of--
       (A) the reason for the denial of the request; and
       (B) any actions that the eligible organization or 
     individual can take to meet the requirements for the request 
     to be approved.
       (e) Partnerships.--Each Secretary shall develop search-and-
     recovery-focused partnerships with search-and-recovery 
     organizations--
       (1) to coordinate good Samaritan search-and-recovery 
     missions on Federal land under the administrative 
     jurisdiction of the Secretary; and
       (2) to expedite and accelerate good Samaritan search-and-
     recovery mission efforts for missing individuals on Federal 
     land under the administrative jurisdiction of the Secretary.
       (f) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretaries shall submit to 
     Congress a joint report describing--
       (1) plans to develop partnerships described in subsection 
     (e)(1); and
       (2) efforts carried out to expedite and accelerate good 
     Samaritan search-and-recovery mission efforts for missing 
     individuals on Federal land under the administrative 
     jurisdiction of each Secretary pursuant to subsection (e)(2).

     SEC. 6008. BLACK HILLS NATIONAL CEMETERY BOUNDARY 
                   MODIFICATION.

       (a) Definitions.--In this section:
       (1) Cemetery.--The term ``Cemetery'' means the Black Hills 
     National Cemetery in Sturgis, South Dakota.
       (2) Federal land.--The term ``Federal land'' means the 
     approximately 200 acres of Bureau of Land Management land 
     adjacent to the Cemetery, generally depicted as ``Proposed 
     National Cemetery Expansion'' on the map entitled ``Proposed 
     Expansion of Black Hills National Cemetery-South Dakota'' and 
     dated September 28, 2015.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Transfer and Withdrawal of Bureau of Land Management 
     Land for Cemetery Use.--
       (1) Transfer of administrative jurisdiction.--
       (A) In general.--Subject to valid existing rights, 
     administrative jurisdiction over the Federal land is 
     transferred from the Secretary to the Secretary of Veterans 
     Affairs for use as a national cemetery in accordance with 
     chapter 24 of title 38, United States Code.
       (B) Legal descriptions.--
       (i) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register a notice containing a legal description of 
     the Federal land.
       (ii) Effect.--A legal description published under clause 
     (i) shall have the same force and effect as if included in 
     this section, except that the Secretary may correct any 
     clerical and typographical errors in the legal description.
       (iii) Availability.--Copies of the legal description 
     published under clause (i) shall be available for public 
     inspection in the appropriate offices of--

       (I) the Bureau of Land Management; and
       (II) the National Cemetery Administration.

       (iv) Costs.--The Secretary of Veterans Affairs shall 
     reimburse the Secretary for the costs incurred by the 
     Secretary in carrying out this subparagraph, including the 
     costs of any surveys and other reasonable costs.
       (2) Withdrawal.--Subject to valid existing rights, for any 
     period during which the Federal land is under the 
     administrative jurisdiction of the Secretary of Veterans 
     Affairs, the Federal land--
       (A) is withdrawn from all forms of appropriation under the 
     public land laws, including the mining laws, the mineral 
     leasing laws, and the geothermal leasing laws; and
       (B) shall be treated as property as defined under section 
     102(9) of title 40, United States Code.
       (3) Boundary modification.--The boundary of the Cemetery is 
     modified to include the Federal land.
       (4) Modification of public land order.--Public Land Order 
     2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to 
     exclude the Federal land.
       (c) Subsequent Transfer of Administrative Jurisdiction.--
       (1) Notice.--On a determination by the Secretary of 
     Veterans Affairs that all or a portion of the Federal land is 
     not being used for purposes of the Cemetery, the Secretary of 
     Veterans Affairs shall notify the Secretary of the 
     determination.
       (2) Transfer of administrative jurisdiction.--Subject to 
     paragraphs (3) and (4), the Secretary of Veterans Affairs 
     shall transfer to the Secretary administrative jurisdiction 
     over the Federal land subject to a notice under paragraph 
     (1).
       (3) Decontaminaton.--The Secretary of Veterans Affairs 
     shall be responsible for the costs of any decontamination of 
     the Federal land subject to a notice under paragraph (1) that 
     the Secretary determines to be necessary for the Federal land 
     to be restored to public land status.
       (4) Restoration to public land status.--The Federal land 
     subject to a notice under paragraph (1) shall only be 
     restored to public land status on--
       (A) acceptance by the Secretary of the Federal land subject 
     to the notice; and

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       (B) a determination by the Secretary that the Federal land 
     subject to the notice is suitable for--
       (i) restoration to public land status; and
       (ii) the operation of 1 or more of the public land laws 
     with respect to the Federal land.
       (5) Order.--If the Secretary accepts the Federal land under 
     paragraph (4)(A) and makes a determination of suitability 
     under paragraph (4)(B), the Secretary may--
       (A) open the accepted Federal land to operation of 1 or 
     more of the public land laws; and
       (B) issue an order to carry out the opening authorized 
     under subparagraph (A).

   Subtitle B--National Park Management, Studies, and Related Matters

     SEC. 6101. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL 
                   PARKS DURING SHUTDOWN.

       (a) In General.--The Director of the National Park Service 
     shall refund to each State all funds of the State that were 
     used to reopen and temporarily operate a unit of the National 
     Park System during the period in October 2013 in which there 
     was a lapse in appropriations for the unit.
       (b) Funding.--Funds of the National Park Service that are 
     appropriated after the date of enactment of this Act shall be 
     used to carry out this section.

     SEC. 6102. LOWER FARMINGTON AND SALMON BROOK RECREATIONAL 
                   RIVERS.

       (a) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the 
     end the following new paragraph:
       ``(213) Lower farmington river and salmon brook, 
     connecticut.--Segments of the main stem and its tributary, 
     Salmon Brook, totaling approximately 62 miles, to be 
     administered by the Secretary of the Interior as follows:
       ``(A) The approximately 27.2-mile segment of the Farmington 
     River beginning 0.2 miles below the tailrace of the Lower 
     Collinsville Dam and extending to the site of the Spoonville 
     Dam in Bloomfield and East Granby as a recreational river.
       ``(B) The approximately 8.1-mile segment of the Farmington 
     River extending from 0.5 miles below the Rainbow Dam to the 
     confluence with the Connecticut River in Windsor as a 
     recreational river.
       ``(C) The approximately 2.4-mile segment of the main stem 
     of Salmon Brook extending from the confluence of the East and 
     West Branches to the confluence with the Farmington River as 
     a recreational river.
       ``(D) The approximately 12.6-mile segment of the West 
     Branch of Salmon Brook extending from its headwaters in 
     Hartland, Connecticut to its confluence with the East Branch 
     of Salmon Brook as a recreational river.
       ``(E) The approximately 11.4-mile segment of the East 
     Branch of Salmon Brook extending from the Massachusetts-
     Connecticut State line to the confluence with the West Branch 
     of Salmon Brook as a recreational river.''.
       (b) Management.--
       (1) In general.--The river segments designated by 
     subsection (a) shall be managed in accordance with the 
     management plan and such amendments to the management plan as 
     the Secretary determines are consistent with this section. 
     The management plan shall be deemed to satisfy the 
     requirements for a comprehensive management plan pursuant to 
     section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(d)).
       (2) Committee.--The Secretary shall coordinate the 
     management responsibilities of the Secretary under this 
     section with the Lower Farmington River and Salmon Brook Wild 
     and Scenic Committee, as specified in the management plan.
       (3) Cooperative agreements.--
       (A) In general.--In order to provide for the long-term 
     protection, preservation, and enhancement of the river 
     segment designated by subsection (a), the Secretary is 
     authorized to enter into cooperative agreements pursuant to 
     sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act 
     with--
       (i) the State of Connecticut;
       (ii) the towns of Avon, Bloomfield, Burlington, East 
     Granby, Farmington, Granby, Hartland, Simsbury, and Windsor 
     in Connecticut; and
       (iii) appropriate local planning and environmental 
     organizations.
       (B) Consistency.--All cooperative agreements provided for 
     under this section shall be consistent with the management 
     plan and may include provisions for financial or other 
     assistance from the United States.
       (4) Land management.--
       (A) Zoning ordinances.--For the purposes of the segments 
     designated in subsection (a), the zoning ordinances adopted 
     by the towns in Avon, Bloomfield, Burlington, East Granby, 
     Farmington, Granby, Hartland, Simsbury, and Windsor in 
     Connecticut, including provisions for conservation of 
     floodplains, wetlands and watercourses associated with the 
     segments, shall be deemed to satisfy the standards and 
     requirements of section 6(c) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1277(c)).
       (B) Acquisition of land.--The provisions of section 6(c) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that 
     prohibit Federal acquisition of lands by condemnation shall 
     apply to the segments designated in subsection (a). The 
     authority of the Secretary to acquire lands for the purposes 
     of the segments designated in subsection (a) shall be limited 
     to acquisition by donation or acquisition with the consent of 
     the owner of the lands, and shall be subject to the 
     additional criteria set forth in the management plan.
       (5) Rainbow dam.--The designation made by subsection (a) 
     shall not be construed to--
       (A) prohibit, pre-empt, or abridge the potential future 
     licensing of the Rainbow Dam and Reservoir (including any and 
     all aspects of its facilities, operations and transmission 
     lines) by the Federal Energy Regulatory Commission as a 
     federally licensed hydroelectric generation project under the 
     Federal Power Act, provided that the Commission may, in the 
     discretion of the Commission and consistent with this 
     section, establish such reasonable terms and conditions in a 
     hydropower license for Rainbow Dam as are necessary to reduce 
     impacts identified by the Secretary as invading or 
     unreasonably diminishing the scenic, recreational, and fish 
     and wildlife values of the segments designated by subsection 
     (a); or
       (B) affect the operation of, or impose any flow or release 
     requirements on, the unlicensed hydroelectric facility at 
     Rainbow Dam and Reservoir.
       (6) Relation to national park system.--Notwithstanding 
     section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1281(c)), the Lower Farmington River shall not be 
     administered as part of the National Park System or be 
     subject to regulations which govern the National Park System.
       (c) Farmington River, Connecticut, Designation Revision.--
     Section 3(a)(156) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) is amended in the first sentence--
       (1) by striking ``14-mile'' and inserting ``15.1-mile''; 
     and
       (2) by striking ``to the downstream end of the New 
     Hartford-Canton, Connecticut town line'' and inserting ``to 
     the confluence with the Nepaug River''.
       (d) Definitions.--For the purposes of this section:
       (1) Management plan.--The term ``management plan'' means 
     the management plan prepared by the Salmon Brook Wild and 
     Scenic Study Committee entitled the ``Lower Farmington River 
     and Salmon Brook Management Plan'' and dated June 2011.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 6103. SPECIAL RESOURCE STUDY OF PRESIDENT STREET 
                   STATION.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``study area'' means the 
     President Street Station, a railroad terminal in Baltimore, 
     Maryland, the history of which is tied to the growth of the 
     railroad industry in the 19th century, the Civil War, the 
     Underground Railroad, and the immigrant influx of the early 
     20th century.
       (b) Special Resource Study.--
       (1) Study.--The Secretary shall conduct a special resource 
     study of the study area.
       (2) Contents.--In conducting the study under paragraph (1), 
     the Secretary shall--
       (A) evaluate the national significance of the study area;
       (B) determine the suitability and feasibility of 
     designating the study area as a unit of the National Park 
     System;
       (C) consider other alternatives for preservation, 
     protection, and interpretation of the study area by the 
     Federal Government, State or local government entities, or 
     private and nonprofit organizations;
       (D) consult with interested Federal agencies, State or 
     local governmental entities, private and nonprofit 
     organizations, or any other interested individuals; and
       (E) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives.
       (3) Applicable law.--The study required under paragraph (1) 
     shall be conducted in accordance with section 100507 of title 
     54, United States Code.
       (4) Report.--Not later than 3 years after the date on which 
     funds are first made available for the study under paragraph 
     (1), 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--
       (A) the results of the study; and
       (B) any conclusions and recommendations of the Secretary.

     SEC. 6104. SPECIAL RESOURCE STUDY OF THURGOOD MARSHALL'S 
                   ELEMENTARY SCHOOL.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``study area'' means--
       (A) P.S. 103, the public school located in West Baltimore, 
     Maryland, which Thurgood Marshall attended as a youth; and
       (B) any other resources in the neighborhood surrounding 
     P.S. 103 that relate to the early life of Thurgood Marshall.
       (b) Special Resource Study.--
       (1) Study.--The Secretary shall conduct a special resource 
     study of the study area.
       (2) Contents.--In conducting the study under paragraph (1), 
     the Secretary shall--
       (A) evaluate the national significance of the study area;
       (B) determine the suitability and feasibility of 
     designating the study area as a unit of the National Park 
     System;
       (C) consider other alternatives for preservation, 
     protection, and interpretation of the study area by the 
     Federal Government, State or local government entities, or 
     private and nonprofit organizations;

[[Page S585]]

       (D) consult with interested Federal agencies, State or 
     local governmental entities, private and nonprofit 
     organizations, or any other interested individuals; and
       (E) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives.
       (3) Applicable law.--The study required under paragraph (1) 
     shall be conducted in accordance with section 100507 of title 
     54, United States Code.
       (4) Report.--Not later than 3 years after the date on which 
     funds are first made available to carry out the study under 
     paragraph (1), 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--
       (A) the results of the study; and
       (B) any conclusions and recommendations of the Secretary.

     SEC. 6105. SPECIAL RESOURCE STUDY OF JAMES K. POLK 
                   PRESIDENTIAL HOME.

       (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.

     SEC. 6106. NORTH COUNTRY NATIONAL SCENIC TRAIL ROUTE 
                   ADJUSTMENT.

       (a) Route Adjustment.--Section 5(a)(8) of the National 
     Trails System Act (16 U.S.C. 1244(a)(8)) is amended in the 
     first sentence--
       (1) by striking ``thirty two hundred miles, extending from 
     eastern New York State'' and inserting ``4,600 miles, 
     extending from the Appalachian Trail in Vermont''; and
       (2) by striking ``Proposed North Country Trail'' and all 
     that follows through ``June 1975.'' and inserting `` `North 
     Country National Scenic Trail, Authorized Route' dated 
     February 2014, and numbered 649/116870.''.
       (b) No Condemnation.--Section 5(a)(8) of the National 
     Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding 
     at the end the following: ``No land or interest in land 
     outside of the exterior boundary of any Federally 
     administered area may be acquired by the Federal Government 
     for the trail by condemnation.''.

     SEC. 6107. DESIGNATION OF JAY S. HAMMOND WILDERNESS AREA.

       (a) Designation.--The approximately 2,600,000 acres of 
     National Wilderness Preservation System land located within 
     the Lake Clark National Park and Preserve designated by 
     section 201(e)(7)(a) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 410hh(e)(7)(a)) shall be known 
     and designated as the ``Jay S. Hammond Wilderness Area''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     wilderness area referred to in subsection (a) shall be deemed 
     to be a reference to the ``Jay S. Hammond Wilderness Area''.

     SEC. 6108. ADVISORY COUNCIL ON HISTORIC PRESERVATION.

       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.''.

     SEC. 6109. 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.

       Subtitle C--Sportsmen's Access and Land Management Issues

                        PART I--NATIONAL POLICY

     SEC. 6201. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.

       (a) In General.--Congress declares that it is the policy of 
     the United States that Federal departments and agencies, in 
     accordance with the missions of the departments and agencies, 
     Executive Orders 12962 and 13443 (60 Fed. Reg. 30769 (June 7, 
     1995); 72 Fed. Reg. 46537 (August 16, 2007)), and applicable 
     law, shall--
       (1) facilitate the expansion and enhancement of hunting, 
     fishing, and recreational shooting opportunities on Federal 
     land, in consultation with the Wildlife and Hunting Heritage 
     Conservation Council, the Sport Fishing and Boating 
     Partnership Council, State and tribal fish and wildlife 
     agencies, and the public;
       (2) conserve and enhance aquatic systems and the management 
     of game species and the habitat of those species on Federal 
     land, including through hunting and fishing, in a manner that 
     respects--
       (A) State management authority over wildlife resources; and
       (B) private property rights; and
       (3) consider hunting, fishing, and recreational shooting 
     opportunities as part of all Federal plans for land, 
     resource, and travel management.
       (b) Exclusion.--In this subtitle, the term ``fishing'' does 
     not include commercial fishing in which fish are harvested, 
     either in whole or in part, that are intended to enter 
     commerce through sale.

              PART II--SPORTSMEN'S ACCESS TO FEDERAL LAND

     SEC. 6211. DEFINITIONS.

       In this part:
       (1) Federal land.--The term ``Federal land'' means--
       (A) any land in 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))) that is 
     administered by the Secretary of Agriculture, acting through 
     the Chief of the Forest Service; and
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and 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.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture, with respect to land 
     described in paragraph (1)(A); and
       (B) the Secretary of the Interior, with respect to land 
     described in paragraph (1)(B).

     SEC. 6212. FEDERAL LAND OPEN TO HUNTING, FISHING, AND 
                   RECREATIONAL SHOOTING.

       (a) In General.--Subject to subsection (b), Federal land 
     shall be open to hunting, fishing, and recreational shooting, 
     in accordance with applicable law, unless the Secretary 
     concerned closes an area in accordance with section 6213.
       (b) Effect of Part.--Nothing in this part opens to hunting, 
     fishing, or recreational shooting any land that is not open 
     to those activities as of the date of enactment of this Act.

     SEC. 6213. CLOSURE OF FEDERAL LAND TO HUNTING, FISHING, AND 
                   RECREATIONAL SHOOTING.

       (a) Authorization.--
       (1) In general.--Subject to paragraph (2) and in accordance 
     with section 302(b) of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may 
     designate any area on Federal land in which, and establish 
     any period during which, for reasons of public safety, 
     administration, or compliance with applicable laws, no 
     hunting, fishing, or recreational shooting shall be 
     permitted.
       (2) Requirement.--In making a designation under paragraph 
     (1), the Secretary concerned shall designate the smallest 
     area for the least amount of time that is required for public 
     safety, administration, or compliance with applicable laws.
       (b) Closure Procedures.--
       (1) In general.--Except in an emergency, before permanently 
     or temporarily closing any Federal land to hunting, fishing, 
     or recreational shooting, the Secretary concerned shall--
       (A) consult with State fish and wildlife agencies; and
       (B) provide public notice and opportunity for comment under 
     paragraph (2).
       (2) Public notice and comment.--
       (A) In general.--Public notice and comment shall include--
       (i) a notice of intent--

       (I) published in advance of the public comment period for 
     the closure--

       (aa) in the Federal Register;
       (bb) on the website of the applicable Federal agency;
       (cc) on the website of the Federal land unit, if available; 
     and
       (dd) in at least 1 local newspaper;

       (II) made available in advance of the public comment period 
     to local offices, chapters,

[[Page S586]]

     and affiliate organizations in the vicinity of the closure 
     that are signatories to the memorandum of understanding 
     entitled ``Federal Lands Hunting, Fishing, and Shooting 
     Sports Roundtable Memorandum of Understanding''; and
       (III) that describes--

       (aa) the proposed closure; and
       (bb) the justification for the proposed closure, including 
     an explanation of the reasons and necessity for the decision 
     to close the area to hunting, fishing, or recreational 
     shooting; and
       (ii) an opportunity for public comment for a period of--

       (I) not less than 60 days for a permanent closure; or
       (II) not less than 30 days for a temporary closure.

       (B) Final decision.--In a final decision to permanently or 
     temporarily close an area to hunting, fishing, or recreation 
     shooting, the Secretary concerned shall--
       (i) respond in a reasoned manner to the comments received;
       (ii) explain how the Secretary concerned resolved any 
     significant issues raised by the comments; and
       (iii) show how the resolution led to the closure.
       (c) Temporary Closures.--
       (1) In general.--A temporary closure under this section may 
     not exceed a period of 180 days.
       (2) Renewal.--Except in an emergency, a temporary closure 
     for the same area of land closed to the same activities--
       (A) may not be renewed more than 3 times after the first 
     temporary closure; and
       (B) must be subject to a separate notice and comment 
     procedure in accordance with subsection (b)(2).
       (3) Effect of temporary closure.--Any Federal land that is 
     temporarily closed to hunting, fishing, or recreational 
     shooting under this section shall not become permanently 
     closed to that activity without a separate public notice and 
     opportunity to comment in accordance with subsection (b)(2).
       (d) Reporting.--On an annual basis, the Secretaries 
     concerned shall--
       (1) publish on a public website a list of all areas of 
     Federal land temporarily or permanently subject to a closure 
     under this section; and
       (2) submit to the Committee on Energy and Natural Resources 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate and the Committee on Natural Resources and the 
     Committee on Agriculture of the House of Representatives a 
     report that identifies--
       (A) a list of each area of Federal land temporarily or 
     permanently subject to a closure;
       (B) the acreage of each closure; and
       (C) a survey of--
       (i) the aggregate areas and acreage closed under this 
     section in each State; and
       (ii) the percentage of Federal land in each State closed 
     under this section with respect to hunting, fishing, and 
     recreational shooting.
       (e) Application.--This section shall not apply if the 
     closure is--
       (1) less than 14 days in duration; and
       (2) covered by a special use permit.

     SEC. 6214. SHOOTING RANGES.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary concerned may, in accordance with this section and 
     other applicable law, lease or permit the use of Federal land 
     for a shooting range.
       (b) Exception.--The Secretary concerned shall not lease or 
     permit the use of Federal land for a shooting range, within--
       (1) a component of the National Landscape Conservation 
     System;
       (2) a component of the National Wilderness Preservation 
     System;
       (3) any area that is--
       (A) designated as a wilderness study area;
       (B) administratively classified as--
       (i) wilderness-eligible; or
       (ii) wilderness-suitable; or
       (C) a primitive or semiprimitive area;
       (4) a national monument, national volcanic monument, or 
     national scenic area; or
       (5) a component of the National Wild and Scenic Rivers 
     System (including areas designated for study for potential 
     addition to the National Wild and Scenic Rivers System).

     SEC. 6215. FEDERAL ACTION TRANSPARENCY.

       (a) Modification of Equal Access to Justice Provisions.--
       (1) Agency proceedings.--Section 504 of title 5, United 
     States Code, is amended--
       (A) in subsection (c)(1), by striking ``, United States 
     Code'';
       (B) by redesignating subsection (f) as subsection (i); and
       (C) by striking subsection (e) and inserting the following:
       ``(e)(1) Not later than March 31 of the first fiscal year 
     beginning after the date of enactment of the Energy Policy 
     Modernization Act of 2016, and every fiscal year thereafter, 
     the Chairman of the Administrative Conference of the United 
     States, after consultation with the Chief Counsel for 
     Advocacy of the Small Business Administration, shall submit 
     to Congress and make publicly available online a report on 
     the amount of fees and other expenses awarded during the 
     preceding fiscal year under this section.
       ``(2) Each report under paragraph (1) shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in the controversy, and any other relevant information that 
     may aid Congress in evaluating the scope and impact of such 
     awards.
       ``(3)(A) Each report under paragraph (1) shall account for 
     all payments of fees and other expenses awarded under this 
     section that are made pursuant to a settlement agreement, 
     regardless of whether the settlement agreement is sealed or 
     otherwise subject to a nondisclosure provision.
       ``(B) The disclosure of fees and other expenses required 
     under subparagraph (A) shall not affect any other information 
     that is subject to a nondisclosure provision in a settlement 
     agreement.
       ``(f) As soon as practicable, and in any event not later 
     than the date on which the first report under subsection 
     (e)(1) is required to be submitted, the Chairman of the 
     Administrative Conference of the United States shall create 
     and maintain online a searchable database containing, with 
     respect to each award of fees and other expenses under this 
     section made on or after the date of enactment of the Energy 
     Policy Modernization Act of 2016, the following information:
       ``(1) The case name and number of the adversary 
     adjudication, if available, hyperlinked to the case, if 
     available.
       ``(2) The name of the agency involved in the adversary 
     adjudication.
       ``(3) A description of the claims in the adversary 
     adjudication.
       ``(4) The name of each party to whom the award was made as 
     such party is identified in the order or other court document 
     making the award.
       ``(5) The amount of the award.
       ``(6) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(g) The online searchable database described in 
     subsection (f) may not reveal any information the disclosure 
     of which is prohibited by law or a court order.
       ``(h) The head of each agency shall provide to the Chairman 
     of the Administrative Conference of the United States in a 
     timely manner all information requested by the Chairman to 
     comply with the requirements of subsections (e), (f), and 
     (g).''.
       (2) Court cases.--Section 2412(d) of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(5)(A) Not later than March 31 of the first fiscal year 
     beginning after the date of enactment of the Energy Policy 
     Modernization Act of 2016, and every fiscal year thereafter, 
     the Chairman of the Administrative Conference of the United 
     States shall submit to Congress and make publicly available 
     online a report on the amount of fees and other expenses 
     awarded during the preceding fiscal year pursuant to this 
     subsection.
       ``(B) Each report under subparagraph (A) shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in the controversy, and any other relevant information that 
     may aid Congress in evaluating the scope and impact of such 
     awards.
       ``(C)(i) Each report under subparagraph (A) shall account 
     for all payments of fees and other expenses awarded under 
     this subsection that are made pursuant to a settlement 
     agreement, regardless of whether the settlement agreement is 
     sealed or otherwise subject to a nondisclosure provision.
       ``(ii) The disclosure of fees and other expenses required 
     under clause (i) shall not affect any other information that 
     is subject to a nondisclosure provision in a settlement 
     agreement.
       ``(D) The Chairman of the Administrative Conference of the 
     United States shall include and clearly identify in each 
     annual report under subparagraph (A), for each case in which 
     an award of fees and other expenses is included in the 
     report--
       ``(i) any amounts paid under section 1304 of title 31 for a 
     judgment in the case;
       ``(ii) the amount of the award of fees and other expenses; 
     and
       ``(iii) the statute under which the plaintiff filed suit.
       ``(6) As soon as practicable, and in any event not later 
     than the date on which the first report under paragraph 
     (5)(A) is required to be submitted, the Chairman of the 
     Administrative Conference of the United States shall create 
     and maintain online a searchable database containing, with 
     respect to each award of fees and other expenses under this 
     subsection made on or after the date of enactment of the 
     Energy Policy Modernization Act of 2016, the following 
     information:
       ``(A) The case name and number, hyperlinked to the case, if 
     available.
       ``(B) The name of the agency involved in the case.
       ``(C) The name of each party to whom the award was made as 
     such party is identified in the order or other court document 
     making the award.
       ``(D) A description of the claims in the case.
       ``(E) The amount of the award.
       ``(F) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(7) The online searchable database described in paragraph 
     (6) may not reveal any information the disclosure of which is 
     prohibited by law or a court order.
       ``(8) The head of each agency (including the Attorney 
     General of the United States) shall provide to the Chairman 
     of the Administrative Conference of the United States in a 
     timely manner all information requested by the Chairman to 
     comply with the requirements of paragraphs (5), (6), and 
     (7).''.
       (3) Technical and conforming amendments.--Section 2412 of 
     title 28, United States Code, is amended--

[[Page S587]]

       (A) in subsection (d)(3), by striking ``United States 
     Code,''; and
       (B) in subsection (e)--
       (i) by striking ``of section 2412 of title 28, United 
     States Code,'' and inserting ``of this section''; and
       (ii) by striking ``of such title'' and inserting ``of this 
     title''.
       (b) Judgment Fund Transparency.--Section 1304 of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(d) Beginning not later than the date that is 60 days 
     after the date of enactment of the Energy Policy 
     Modernization Act of 2016, and unless the disclosure of such 
     information is otherwise prohibited by law or a court order, 
     the Secretary of the Treasury shall make available to the 
     public on a website, as soon as practicable, but not later 
     than 30 days after the date on which a payment under this 
     section is tendered, the following information with regard to 
     that payment:
       ``(1) The name of the specific agency or entity whose 
     actions gave rise to the claim or judgment.
       ``(2) The name of the plaintiff or claimant.
       ``(3) The name of counsel for the plaintiff or claimant.
       ``(4) The amount paid representing principal liability, and 
     any amounts paid representing any ancillary liability, 
     including attorney fees, costs, and interest.
       ``(5) A brief description of the facts that gave rise to 
     the claim.
       ``(6) The name of the agency that submitted the claim.''.

        PART III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

     SEC. 6221. COMMERCIAL FILMING.

       (a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 
     460l-6d) is amended--
       (1) by redesignating subsections (a) through (f) as 
     subsections (b) through (g), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Definition of Secretary.--The term `Secretary' means 
     the Secretary of the Interior or the Secretary of 
     Agriculture, as applicable, with respect to land under the 
     respective jurisdiction of the Secretary.'';
       (3) in subsection (b) (as so redesignated)--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``of the Interior or 
     the Secretary of Agriculture (hereafter individually referred 
     to as the `Secretary' with respect to land (except land in a 
     System unit as defined in section 100102 of title 54, United 
     States Code) under their respective jurisdictions)''; and
       (ii) in subparagraph (B), by inserting ``, except in the 
     case of film crews of 3 or fewer individuals'' before the 
     period at the end; and
       (B) by adding at the end the following:
       ``(3) Fee schedule.--Not later than 180 days after the date 
     of enactment of the Energy Policy Modernization Act of 2016, 
     to enhance consistency in the management of Federal land, the 
     Secretaries shall publish a single joint land use fee 
     schedule for commercial filming and still photography.'';
       (4) in subsection (c) (as so redesignated), in the second 
     sentence, by striking ``subsection (a)'' and inserting 
     ``subsection (b)'';
       (5) in subsection (d) (as so redesignated), in the heading, 
     by inserting ``Commercial'' before ``Still'';
       (6) in paragraph (1) of subsection (f) (as so 
     redesignated), by inserting ``in accordance with the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),'' 
     after ``without further appropriation,'';
       (7) in subsection (g) (as so redesignated)--
       (A) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(1) In general.--The Secretary shall''; and
       (B) by adding at the end the following:
       ``(2) Considerations.--The Secretary shall not consider 
     subject matter or content as a criterion for issuing or 
     denying a permit under this Act.''; and
       (8) by adding at the end the following:
       ``(h) Exemption From Commercial Filming or Still 
     Photography Permits and Fees.--The Secretary shall not 
     require persons holding commercial use authorizations or 
     special recreation permits to obtain an additional permit or 
     pay a fee for commercial filming or still photography under 
     this Act if the filming or photography conducted is--
       ``(1) incidental to the permitted activity that is the 
     subject of the commercial use authorization or special 
     recreation permit; and
       ``(2) the holder of the commercial use authorization or 
     special recreation permit is an individual or small business 
     concern (within the meaning of section 3 of the Small 
     Business Act (15 U.S.C. 632)).
       ``(i) Exception From Certain Fees.--Commercial filming or 
     commercial still photography shall be exempt from fees under 
     this Act, but not from recovery of costs under subsection 
     (c), if the activity--
       ``(1) is conducted by an entity that is a small business 
     concern (within the meaning of section 3 of the Small 
     Business Act (15 U.S.C. 632));
       ``(2) is conducted by a crew of not more than 3 
     individuals; and
       ``(3) uses only a camera and tripod.
       ``(j) Applicability to News Gathering Activities.--
       ``(1) In general.--News gathering shall not be considered a 
     commercial activity.
       ``(2) Included activities.--In this subsection, the term 
     `news gathering' includes, at a minimum, the gathering, 
     recording, and filming of news and information related to 
     news in any medium.''.
       (b) Conforming Amendments.--Chapter 1009 of title 54, 
     United States Code, is amended--
       (1) by striking section 100905; and
       (2) in the table of sections for chapter 1009 of title 54, 
     United States Code, by striking the item relating to section 
     100905.

   PART IV--BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES FOR 
                    RECREATION, HUNTING, AND FISHING

     SEC. 6231. BOWS IN PARKS.

       (a) In General.--Chapter 1049 of title 54, United States 
     Code (as amended by section 5001(a)), is amended by adding at 
     the end the following:

     ``Sec. 104909. Bows in parks

       ``(a) Definition of Not Ready for Immediate Use.--The term 
     `not ready for immediate use' means--
       ``(1) a bow or crossbow, the arrows of which are secured or 
     stowed in a quiver or other arrow transport case; and
       ``(2) with respect to a crossbow, uncocked.
       ``(b) Vehicular Transportation Authorized.--The Director 
     shall not 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 in the 
     vehicle of the individual if--
       ``(1) the individual is not otherwise prohibited by law 
     from possessing the bows and crossbows;
       ``(2) the bows or crossbows that are not ready for 
     immediate use remain inside the vehicle of the individual 
     throughout the period during which the bows or crossbows are 
     transported across System land; and
       ``(3) the possession of the bows and crossbows is in 
     compliance with the law of the State in which the System unit 
     is located.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1049 of title 54, United States Code (as amended by section 
     5001(b)), is amended by inserting after the item relating to 
     section 104908 the following:

``104909. Bows in parks.''.

     SEC. 6232. WILDLIFE MANAGEMENT IN PARKS.

       (a) In General.--Chapter 1049 of title 54, United States 
     Code (as amended by section 6231(a)), is amended by adding at 
     the end the following:

     ``SEC. 104910. WILDLIFE MANAGEMENT IN PARKS.

       ``(a) Use of Qualified Volunteers.--If the Secretary 
     determines it is necessary to reduce the size of a wildlife 
     population on System land in accordance with applicable law 
     (including regulations), the Secretary may use qualified 
     volunteers to assist in carrying out wildlife management on 
     System land.
       ``(b) Requirements for Qualified Volunteers.--Qualified 
     volunteers providing assistance under subsection (a) shall be 
     subject to--
       ``(1) any training requirements or qualifications 
     established by the Secretary; and
       ``(2) any other terms and conditions that the Secretary may 
     require.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1049 of title 54 (as amended by section 6231(b)), United 
     States Code, is amended by inserting after the item relating 
     to section 104909 the following:

``104910. Wildlife management in parks.''.

     SEC. 6233. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, 
                   AND FISHING ON FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, with respect to land 
     administered by--
       (i) the Director of the National Park Service;
       (ii) the Director of the United States Fish and Wildlife 
     Service; and
       (iii) the Director of the Bureau of Land Management; and
       (B) the Secretary of Agriculture, with respect to land 
     administered by the Chief of the Forest Service.
       (2) State or regional office.--The term ``State or regional 
     office'' means--
       (A) a State office of the Bureau of Land Management; or
       (B) a regional office of--
       (i) the National Park Service;
       (ii) the United States Fish and Wildlife Service; or
       (iii) the Forest Service.
       (3) Travel management plan.--The term ``travel management 
     plan'' means a plan for the management of travel--
       (A) with respect to land under the jurisdiction of the 
     National Park Service, on park roads and designated routes 
     under section 4.10 of title 36, Code of Federal Regulations 
     (or successor regulations);
       (B) with respect to land under the jurisdiction of the 
     United States Fish and Wildlife Service, on the land under a 
     comprehensive conservation plan prepared under section 4(e) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668dd(e));
       (C) with respect to land under the jurisdiction of the 
     Forest Service, on National Forest System land under part 212 
     of title 36, Code of Federal Regulations (or successor 
     regulations); and
       (D) with respect to land under the jurisdiction of the 
     Bureau of Land Management, under a resource management plan 
     developed under the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.).
       (b) Priority Lists Required.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, annually during the 10-year period 
     beginning on the date on which the first priority list is

[[Page S588]]

     completed, and every 5 years after the end of the 10-year 
     period, the Secretary shall prepare a priority list, to be 
     made publicly available on the website of the applicable 
     Federal agency referred to in subsection (a)(1), which shall 
     identify the location and acreage of land within the 
     jurisdiction of each State or regional office on which the 
     public is allowed, under Federal or State law, to hunt, fish, 
     or use the land for other recreational purposes but--
       (A) to which there is no public access or egress; or
       (B) to which public access or egress to the legal 
     boundaries of the land is significantly restricted (as 
     determined by the Secretary).
       (2) Minimum size.--Any land identified under paragraph (1) 
     shall consist of contiguous acreage of at least 640 acres.
       (3) Considerations.--In preparing the priority list 
     required under paragraph (1), the Secretary shall consider 
     with respect to the land--
       (A) whether access is absent or merely restricted, 
     including the extent of the restriction;
       (B) the likelihood of resolving the absence of or 
     restriction to public access;
       (C) the potential for recreational use;
       (D) any information received from the public or other 
     stakeholders during the nomination process described in 
     paragraph (5); and
       (E) any other factor as determined by the Secretary.
       (4) Adjacent land status.--For each parcel of land on the 
     priority list, the Secretary shall include in the priority 
     list whether resolving the issue of public access or egress 
     to the land would require acquisition of an easement, right-
     of-way, or fee title from--
       (A) another Federal agency;
       (B) a State, local, or tribal government; or
       (C) a private landowner.
       (5) Nomination process.--In preparing a priority list under 
     this section, the Secretary shall provide an opportunity for 
     members of the public to nominate parcels for inclusion on 
     the priority list.
       (c) Access Options.--With respect to land included on a 
     priority list described in subsection (b), the Secretary 
     shall develop and 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 on options for providing 
     access that--
       (1) identifies how public access and egress could 
     reasonably be provided to the legal boundaries of the land in 
     a manner that minimizes the impact on wildlife habitat and 
     water quality;
       (2) specifies the steps recommended to secure the access 
     and egress, including acquiring an easement, right-of-way, or 
     fee title from a willing owner of any land that abuts the 
     land or the need to coordinate with State land management 
     agencies or other Federal, State, or tribal governments to 
     allow for such access and egress; and
       (3) is consistent with the travel management plan in effect 
     on the land.
       (d) Protection of Personally Identifying Information.--In 
     making the priority list and report prepared under 
     subsections (b) and (c) available, the Secretary shall ensure 
     that no personally identifying information is included, such 
     as names or addresses of individuals or entities.
       (e) Willing Owners.--For purposes of providing any permits 
     to, or entering into agreements with, a State, local, or 
     tribal government or private landowner with respect to the 
     use of land under the jurisdiction of the government or 
     landowner, the Secretary shall not take into account whether 
     the State, local, or tribal government or private landowner 
     has granted or denied public access or egress to the land.
       (f) Means of Public Access and Egress Included.--In 
     considering public access and egress under subsections (b) 
     and (c), the Secretary shall consider public access and 
     egress to the legal boundaries of the land described in those 
     subsections, including access and egress--
       (1) by motorized or non-motorized vehicles; and
       (2) on foot or horseback.
       (g) Effect.--
       (1) In general.--This section shall have no effect on 
     whether a particular recreational use shall be allowed on the 
     land included in a priority list under this section.
       (2) Effect of allowable uses on agency consideration.--In 
     preparing the priority list under subsection (b), the 
     Secretary shall only consider recreational uses that are 
     allowed on the land at the time that the priority list is 
     prepared.

           PART V--FEDERAL LAND TRANSACTION FACILITATION ACT

     SEC. 6241. FEDERAL LAND TRANSACTION FACILITATION ACT.

       (a) In General.--The Federal Land Transaction Facilitation 
     Act is amended--
       (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
     the date of enactment of this Act was'' and inserting ``is'';
       (2) in section 205 (43 U.S.C. 2304)--
       (A) in subsection (a), by striking ``(as in effect on the 
     date of enactment of this Act)''; and
       (B) by striking subsection (d);
       (3) in section 206 (43 U.S.C. 2305), by striking subsection 
     (f); and
       (4) in section 207(b) (43 U.S.C. 2306(b))--
       (A) in paragraph (1)--
       (i) by striking ``96-568'' and inserting ``96-586''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105-263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111-11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
       (b) Funds to Treasury.--Of the amounts deposited in the 
     Federal Land Disposal Account, there shall be transferred to 
     the general fund of the Treasury $1,000,000 for each of 
     fiscal years 2016 through 2025.

                         PART VI--MISCELLANEOUS

     SEC. 6251. RESPECT FOR TREATIES AND RIGHTS.

       Nothing in this subtitle or the amendments made by this 
     subtitle--
       (1) affects or modifies any treaty or other right of any 
     federally recognized Indian tribe; or
       (2) modifies any provision of Federal law relating to 
     migratory birds or to endangered or threatened species.

     SEC. 6252. NO PRIORITY.

       Nothing in this subtitle or the amendments made by this 
     subtitle provides a preference to hunting, fishing, or 
     recreational shooting over any other use of Federal land or 
     water.

          Subtitle D--Water Infrastructure and Related Matters

                      PART I--FONTENELLE RESERVOIR

     SEC. 6301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF 
                   FONTENELLE RESERVOIR AVAILABLE FOR USE.

       (a) In General.--The Secretary of the Interior, in 
     cooperation with the State of Wyoming, may amend the Definite 
     Plan Report for the Seedskadee Project authorized under the 
     first section of the Act of April 11, 1956 (commonly known as 
     the ``Colorado River Storage Project Act'') (43 U.S.C. 620), 
     to provide for the study, design, planning, and construction 
     activities that will enable the use of all active storage 
     capacity (as may be defined or limited by legal, hydrologic, 
     structural, engineering, economic, and environmental 
     considerations) of Fontenelle Dam and Reservoir, including 
     the placement of sufficient riprap on the upstream face of 
     Fontenelle Dam to allow the active storage capacity of 
     Fontenelle Reservoir to be used for those purposes for which 
     the Seedskadee Project was authorized.
       (b) Cooperative Agreements.--
       (1) In general.--The Secretary of the Interior may enter 
     into any contract, grant, cooperative agreement, or other 
     agreement that is necessary to carry out subsection (a).
       (2) State of wyoming.--
       (A) In general.--The Secretary of the Interior shall enter 
     into a cooperative agreement with the State of Wyoming to 
     work in cooperation and collaboratively with the State of 
     Wyoming for planning, design, related preconstruction 
     activities, and construction of any modification of the 
     Fontenelle Dam under subsection (a).
       (B) Requirements.--The cooperative agreement under 
     subparagraph (A) shall, at a minimum, specify the 
     responsibilities of the Secretary of the Interior and the 
     State of Wyoming with respect to--
       (i) completing the planning and final design of the 
     modification of the Fontenelle Dam under subsection (a);
       (ii) any environmental and cultural resource compliance 
     activities required for the modification of the Fontenelle 
     Dam under subsection (a) including compliance with--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (III) subdivision 2 of division A of subtitle III of title 
     54, United States Code; and

       (iii) the construction of the modification of the 
     Fontenelle Dam under subsection (a).
       (c) Funding by State of Wyoming.--Pursuant to the Act of 
     March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), 
     and as a condition of providing any additional storage under 
     subsection (a), the State of Wyoming shall provide to the 
     Secretary of the Interior funds for any work carried out 
     under subsection (a).
       (d) Other Contracting Authority.--
       (1) In general.--The Secretary of the Interior may enter 
     into contracts with the State of Wyoming, on such terms and 
     conditions as the Secretary of the Interior and the State of 
     Wyoming may agree, for division of any additional active 
     capacity made available under subsection (a).
       (2) Terms and conditions.--Unless otherwise agreed to by 
     the Secretary of the Interior and the State of Wyoming, a 
     contract entered into under paragraph (1) shall be subject to 
     the terms and conditions of Bureau of Reclamation Contract 
     No. 14-06-400-2474 and Bureau of Reclamation Contract No. 14-
     06-400-6193.

[[Page S589]]

  


     SEC. 6302. SAVINGS PROVISIONS.

       Unless expressly provided in this part, nothing in this 
     part modifies, conflicts with, preempts, or otherwise 
     affects--
       (1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.) 
     (commonly known as the ``Boulder Canyon Project Act'');
       (2) the Colorado River Compact of 1922, as approved by the 
     Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
       (3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.) 
     (commonly known as the ``Boulder Canyon Project Adjustment 
     Act'');
       (4) the Treaty between the United States of America and 
     Mexico relating to the utilization of waters of the Colorado 
     and Tijuana Rivers and of the Rio Grande, and supplementary 
     protocol signed November 14, 1944, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (5) the Upper Colorado River Basin Compact as consented to 
     by the Act of April 6, 1949 (63 Stat. 31);
       (6) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (7) the Colorado River Basin Project Act (Public Law 90-
     537; 82 Stat. 885); or
       (8) any State of Wyoming or other State water law.

              PART II--BUREAU OF RECLAMATION TRANSPARENCY

     SEC. 6311. DEFINITIONS.

       In this part:
       (1) Asset.--
       (A) In general.--The term ``asset'' means any of the 
     following assets that are used to achieve the mission of the 
     Bureau of Reclamation to manage, develop, and protect water 
     and related resources in an environmentally and economically 
     sound manner in the interest of the people of the United 
     States:
       (i) Capitalized facilities, buildings, structures, project 
     features, power production equipment, recreation facilities, 
     or quarters.
       (ii) Capitalized and noncapitalized heavy equipment and 
     other installed equipment.
       (B) Inclusions.--The term ``asset'' includes assets 
     described in subparagraph (A) that are considered to be 
     mission critical.
       (2) Asset management report.--The term ``Asset Management 
     Report'' means--
       (A) the annual plan prepared by the Bureau of Reclamation 
     known as the ``Asset Management Plan''; and
       (B) any publicly available information relating to the plan 
     described in subparagraph (A) that summarizes the efforts of 
     the Bureau of Reclamation to evaluate and manage 
     infrastructure assets of the Bureau of Reclamation.
       (3) Major repair and rehabilitation need.--The term ``major 
     repair and rehabilitation need'' means major nonrecurring 
     maintenance at a Reclamation facility, including maintenance 
     related to the safety of dams, extraordinary maintenance of 
     dams, deferred major maintenance activities, and all other 
     significant repairs and extraordinary maintenance.
       (4) Reclamation facility.--The term ``Reclamation 
     facility'' means each of the infrastructure assets that are 
     owned by the Bureau of Reclamation at a Reclamation project.
       (5) Reclamation project.--The term ``Reclamation project'' 
     means a project that is owned by the Bureau of Reclamation, 
     including all reserved works and transferred works owned by 
     the Bureau of Reclamation.
       (6) Reserved works.--The term ``reserved works'' means 
     buildings, structures, facilities, or equipment that are 
     owned by the Bureau of Reclamation for which operations and 
     maintenance are performed by employees of the Bureau of 
     Reclamation or through a contract entered into by the Bureau 
     of Reclamation, regardless of the source of funding for the 
     operations and maintenance.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Transferred works.--The term ``transferred works'' 
     means a Reclamation facility at which operations and 
     maintenance of the facility is carried out by a non-Federal 
     entity under the provisions of a formal operations and 
     maintenance transfer contract or other legal agreement with 
     the Bureau of Reclamation.

     SEC. 6312. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED 
                   WORKS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     an Asset Management Report that--
       (1) describes the efforts of the Bureau of Reclamation--
       (A) to maintain in a reliable manner all reserved works at 
     Reclamation facilities; and
       (B) to standardize and streamline data reporting and 
     processes across regions and areas for the purpose of 
     maintaining reserved works at Reclamation facilities; and
       (2) expands on the information otherwise provided in an 
     Asset Management Report, in accordance with subsection (b).
       (b) Infrastructure Maintenance Needs Assessment.--
       (1) In general.--The Asset Management Report submitted 
     under subsection (a) shall include--
       (A) a detailed assessment of major repair and 
     rehabilitation needs for all reserved works at all 
     Reclamation projects; and
       (B) to the extent practicable, an itemized list of major 
     repair and rehabilitation needs of individual Reclamation 
     facilities at each Reclamation project.
       (2) Inclusions.--To the extent practicable, the itemized 
     list of major repair and rehabilitation needs under paragraph 
     (1)(B) shall include--
       (A) a budget level cost estimate of the appropriations 
     needed to complete each item; and
       (B) an assignment of a categorical rating for each item, 
     consistent with paragraph (3).
       (3) Rating requirements.--
       (A) In general.--The system for assigning ratings under 
     paragraph (2)(B) shall be--
       (i) consistent with existing uniform categorization systems 
     to inform the annual budget process and agency requirements; 
     and
       (ii) subject to the guidance and instructions issued under 
     subparagraph (B).
       (B) Guidance.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall issue guidance 
     that describes the applicability of the rating system 
     applicable under paragraph (2)(B) to Reclamation facilities.
       (4) Public availability.--Except as provided in paragraph 
     (5), the Secretary shall make publicly available, including 
     on the Internet, the Asset Management Report required under 
     subsection (a).
       (5) Confidentiality.--The Secretary may exclude from the 
     public version of the Asset Management Report made available 
     under paragraph (4) any information that the Secretary 
     identifies as sensitive or classified, but shall make 
     available to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a version of the report containing 
     the sensitive or classified information.
       (c) Updates.--Not later than 2 years after the date on 
     which the Asset Management Report is submitted under 
     subsection (a) and biennially thereafter, the Secretary shall 
     update the Asset Management Report, subject to the 
     requirements of section 6313(b)(2).
       (d) Consultation.--To the extent that such consultation 
     would assist the Secretary in preparing the Asset Management 
     Report under subsection (a) and updates to the Asset 
     Management Report under subsection (c), the Secretary shall 
     consult with--
       (1) the Secretary of the Army (acting through the Chief of 
     Engineers); and
       (2) water and power contractors.

     SEC. 6313. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR 
                   TRANSFERRED WORKS.

       (a) In General.--The Secretary shall coordinate with the 
     non-Federal entities responsible for the operation and 
     maintenance of transferred works in developing reporting 
     requirements for Asset Management Reports with respect to 
     major repair and rehabilitation needs for transferred works 
     that are similar to the reporting requirements described in 
     section 6312(b).
       (b) Guidance.--
       (1) In general.--After considering input from water and 
     power contractors of the Bureau of Reclamation, the Secretary 
     shall develop and implement a rating system for transferred 
     works that incorporates, to the maximum extent practicable, 
     the rating system for major repair and rehabilitation needs 
     for reserved works developed under section 6312(b)(3).
       (2) Updates.--The ratings system developed under paragraph 
     (1) shall be included in the updated Asset Management Reports 
     under section 6312(c).

     SEC. 6314. OFFSET.

       Notwithstanding any other provision of law, in the case of 
     the project authorized by section 1617 of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 
     390h-12c), the maximum amount of the Federal share of the 
     cost of the project under section 1631(d)(1) of that Act (43 
     U.S.C. 390h-13(d)(1)) otherwise available as of the date of 
     enactment of this Act shall be reduced by $2,000,000.

             PART III--YAKIMA RIVER BASIN WATER ENHANCEMENT

     SEC. 6321. SHORT TITLE.

       This part may be cited as the ``Yakima River Basin Water 
     Enhancement Project Phase III Act of 2016''.

     SEC. 6322. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.

       (a) Modification of Terms.--Title XII of Public Law 103-434 
     (108 Stat. 4550) is amended--
       (1) by striking ``Yakama Indian'' each place it appears 
     (except section 1204(g)) and inserting ``Yakama''; and
       (2) by striking ``Superintendent'' each place it appears 
     and inserting ``Manager''.
       (b) Modification of Purposes.--Section 1201 of Public Law 
     103-434 (108 Stat. 4550) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) to protect, mitigate, and enhance fish and wildlife 
     and the recovery and maintenance of self-sustaining 
     harvestable populations of fish and other aquatic life, both 
     anadromous and resident species, throughout their historic 
     distribution range in the Yakima Basin through--
       ``(A) improved water management and the constructions of 
     fish passage at storage and diversion dams, as authorized 
     under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et 
     seq.);
       ``(B) improved instream flows and water supplies;
       ``(C) improved water quality, watershed, and ecosystem 
     function;
       ``(D) protection, creation, and enhancement of wetlands; 
     and
       ``(E) other appropriate means of habitat improvement;'';

[[Page S590]]

       (2) in paragraph (2), by inserting ``, municipal, 
     industrial, and domestic water supply and use purposes, 
     especially during drought years, including reducing the 
     frequency and severity of water supply shortages for pro-
     ratable irrigation entities'' before the semicolon at the 
     end;
       (3) by striking paragraph (4);
       (4) by redesignating paragraph (3) as paragraph (4);
       (5) by inserting after paragraph (2) the following:
       ``(3) to authorize the Secretary to make water available 
     for purchase or lease for meeting municipal, industrial, and 
     domestic water supply purposes;'';
       (6) by redesignating paragraphs (5) and (6) as paragraphs 
     (6) and (8), respectively;
       (7) by inserting after paragraph (4) (as so redesignated) 
     the following:
       ``(5) to realize sufficient water savings from implementing 
     the Yakima River Basin Integrated Water Resource Management 
     Plan, so that not less than 85,000 acre feet of water savings 
     are achieved by implementing the first phase of the 
     Integrated Plan pursuant to section 1213(a), in addition to 
     the 165,000 acre feet of water savings targeted through the 
     Basin Conservation Program, as authorized on October 31, 
     1994;'';
       (8) in paragraph (6) (as so redesignated)--
       (A) by inserting ``an increase in'' before ``voluntary''; 
     and
       (B) by striking ``and'' at the end;
       (9) by inserting after paragraph (6) (as so redesignated) 
     the following:
       ``(7) to encourage an increase in the use of, and reduce 
     the barriers to, water transfers, leasing, markets, and other 
     voluntary transactions among public and private entities to 
     enhance water management in the Yakima River basin;'';
       (10) in paragraph (8) (as redesignated by paragraph (6)), 
     by striking the period at the end and inserting a semicolon; 
     and
       (11) by adding at the end the following:
       ``(9) to improve the resilience of the ecosystems, 
     economies, and communities in the Basin as they face drought, 
     hydrologic changes, and other related changes and variability 
     in natural and human systems, for the benefit of both the 
     people and the fish and wildlife of the region; and
       ``(10) to authorize and implement the Yakima River Basin 
     Integrated Water Resource Management Plan as Phase III of the 
     Yakima River Basin Water Enhancement Project, as a balanced 
     and cost-effective approach to maximize benefits to the 
     communities and environment in the Basin.''.
       (c) Modification of Definitions.--Section 1202 of Public 
     Law 103-434 (108 Stat. 4550) is amended--
       (1) by redesignating paragraphs (6), (7), (8), (9), (10), 
     (11), (12), (13), and (14) as paragraphs (8), (10), (11), 
     (13), (14), (15), (16), (18), and (19), respectively;
       (2) by inserting after paragraph (5) the following:
       ``(6) Designated federal official.--The term `designated 
     Federal official' means the Commissioner of Reclamation (or a 
     designee), acting pursuant to the charter of the Conservation 
     Advisory Group.
       ``(7) Integrated plan.--The terms `Integrated Plan' and 
     `Yakima River Basin Integrated Water Resource Plan' mean the 
     plan and activities authorized by the Yakima River Basin 
     Water Enhancement Project Phase III Act of 2016 and the 
     amendments made by that part, to be carried out in 
     cooperation with and in addition to activities of the State 
     of Washington and Yakama Nation.'';
       (3) by inserting after paragraph (8) (as redesignated by 
     paragraph (1)) the following:
       ``(9) Municipal, industrial, and domestic water supply and 
     use.--The term `municipal, industrial, and domestic water 
     supply and use' means the supply and use of water for--
       ``(A) domestic consumption (whether urban or rural);
       ``(B) maintenance and protection of public health and 
     safety;
       ``(C) manufacture, fabrication, processing, assembly, or 
     other production of a good or commodity;
       ``(D) production of energy;
       ``(E) fish hatcheries; or
       ``(F) water conservation activities relating to a use 
     described in subparagraphs (A) through (E).'';
       (4) by inserting after paragraph (11) (as redesignated by 
     paragraph (1)) the following:
       ``(12) Proratable irrigation entity.--The term `proratable 
     irrigation entity' means a district, project, or State-
     recognized authority, board of control, agency, or entity 
     located in the Yakima River basin that--
       ``(A) manages and delivers irrigation water to farms in the 
     basin; and
       ``(B) possesses, or the members of which possess, water 
     rights that are proratable during periods of water 
     shortage.''; and
       (5) by inserting after paragraph (16) (as redesignated by 
     paragraph (1)) the following:
       ``(17) Yakima enhancement project; yakima river basin water 
     enhancement project.--The terms `Yakima Enhancement Project' 
     and `Yakima River Basin Water Enhancement Project' mean the 
     Yakima River basin water enhancement project authorized by 
     Congress pursuant to this Act and other Acts (including 
     Public Law 96-162 (93 Stat. 1241), section 109 of Public Law 
     98-381 (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-
     62 (111 Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) 
     to promote water conservation, water supply, habitat, and 
     stream enhancement improvements in the Yakima River basin.''.

     SEC. 6323. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

       Section 1203 of Public Law 103-434 (108 Stat. 4551) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the second sentence, by striking ``title'' and 
     inserting ``section''; and
       (ii) in the third sentence, by striking ``within 5 years of 
     the date of enactment of this Act''; and
       (B) in paragraph (2), by striking ``irrigation'' and 
     inserting ``the number of irrigated acres'';
       (2) in subsection (c)--
       (A) in paragraph (2)--
       (i) in each of subparagraphs (A) through (D), by striking 
     the comma at the end and inserting a semicolon;
       (ii) in subparagraph (E), by striking the comma at the end 
     and inserting ``; and'';
       (iii) in subparagraph (F), by striking ``Department of 
     Wildlife of the State of Washington, and'' and inserting 
     ``Department of Fish and Wildlife of the State of 
     Washington.''; and
       (iv) by striking subparagraph (G);
       (B) in paragraph (3)--
       (i) in each of subparagraphs (A) through (C), by striking 
     the comma at the end and inserting a semicolon;
       (ii) in subparagraph (D), by striking ``, and'' and 
     inserting a semicolon;
       (iii) in subparagraph (E), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(F) provide recommendations to advance the purposes and 
     programs of the Yakima Enhancement Project, including the 
     Integrated Plan.''; and
       (C) by striking paragraph (4) and inserting the following:
       ``(4) Authority of designated federal official.--The 
     designated Federal official may--
       ``(A) arrange and provide logistical support for meetings 
     of the Conservation Advisory Group;
       ``(B) use a facilitator to serve as a moderator for 
     meetings of the Conservation Advisory Group or provide 
     additional logistical support; and
       ``(C) grant any request for a facilitator by any member of 
     the Conservation Advisory Group.'';
       (3) in subsection (d), by adding at the end the following:
       ``(4) Payment of local share by state or federal 
     government.--
       ``(A) In general.--The State or the Federal Government may 
     fund not more than the 17.5 percent local share of the costs 
     of the Basin Conservation Program in exchange for the long-
     term use of conserved water, subject to the requirement that 
     the funding by the Federal Government of the local share of 
     the costs shall provide a quantifiable public benefit in 
     meeting Federal responsibilities in the Basin and the 
     purposes of this title.
       ``(B) Use of conserved water.--The Yakima Project Manager 
     may use water resulting from conservation measures taken 
     under this title, in addition to water that the Bureau of 
     Reclamation may acquire from any willing seller through 
     purchase, donation, or lease, for water management uses 
     pursuant to this title.'';
       (4) in subsection (e), by striking the first sentence and 
     inserting the following: ``To participate in the Basin 
     Conservation Program, as described in subsection (b), an 
     entity shall submit to the Secretary a proposed water 
     conservation plan.'';
       (5) in subsection (i)(3)--
       (A) by striking ``purchase or lease'' each place it appears 
     and inserting ``purchase, lease, or management''; and
       (B) in the third sentence, by striking ``made immediately 
     upon availability'' and all that follows through 
     ``Committee'' and inserting ``continued as needed to provide 
     water to be used by the Yakima Project Manager as recommended 
     by the System Operations Advisory Committee and the 
     Conservation Advisory Group''; and
       (6) in subsection (j)(4), in the first sentence, by 
     striking ``initial acquisition'' and all that follows through 
     ``flushing flows'' and inserting ``acquisition of water from 
     willing sellers or lessors specifically to provide improved 
     instream flows for anadromous and resident fish and other 
     aquatic life, including pulse flows to facilitate outward 
     migration of anadromous fish''.

     SEC. 6324. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND 
                   AUTHORIZATIONS.

       (a) Yakama Nation Projects.--Section 1204 of Public Law 
     103-434 (108 Stat. 4555) is amended--
       (1) in subsection (a)(2), in the first sentence, by 
     striking ``not more than $23,000,000'' and inserting ``not 
     more than $100,000,000''; and
       (2) in subsection (g)--
       (A) by striking the subsection heading and inserting 
     ``Redesignation of Yakama Indian Nation to Yakama Nation.--
     '';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Redesignation.--The Confederated Tribes and Bands of 
     the Yakama Indian Nation shall be known and designated as the 
     `Confederated Tribes and Bands of the Yakama Nation'.''; and
       (C) in paragraph (2), by striking ``deemed to be a 
     reference to the `Confederated Tribes and Bands of the Yakama 
     Indian Nation'.'' and inserting ``deemed to be a reference to

[[Page S591]]

     the `Confederated Tribes and Bands of the Yakama Nation'.''.
       (b) Operation of Yakima Basin Projects.--Section 1205 of 
     Public Law 103-434 (108 Stat. 4557) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i)--

       (aa) by inserting ``additional'' after ``secure'';
       (bb) by striking ``flushing'' and inserting ``pulse''; and
       (cc) by striking ``uses'' and inserting ``uses, in addition 
     to the quantity of water provided under the treaty between 
     the Yakama Nation and the United States'';

       (II) by striking clause (ii);
       (III) by redesignating clause (iii) as clause (ii); and
       (IV) in clause (ii) (as so redesignated) by inserting ``and 
     water rights mandated'' after ``goals''; and

       (ii) in subparagraph (B)(i), in the first sentence, by 
     inserting ``in proportion to the funding received'' after 
     ``Program'';
       (2) in subsection (b) (as amended by section 6322(a)(2)), 
     in the second sentence, by striking ``instream flows for use 
     by the Yakima Project Manager as flushing flows or as 
     otherwise'' and inserting ``fishery purposes, as''; and
       (3) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--Additional purposes of the Yakima 
     Project shall be any of the following:
       ``(A) To recover and maintain self-sustaining harvestable 
     populations of native fish, both anadromous and resident 
     species, throughout their historic distribution range in the 
     Yakima Basin.
       ``(B) To protect, mitigate, and enhance aquatic life and 
     wildlife.
       ``(C) Recreation.
       ``(D) Municipal, industrial, and domestic use.''.
       (c) Lake Cle Elum Authorization of Appropriations.--Section 
     1206(a)(1) of Public Law 103-434 (108 Stat. 4560), is 
     amended, in the matter preceding subparagraph (A), by 
     striking ``at September'' and all that follows through ``to--
     '' and inserting ``not more than $12,000,000 to--''.
       (d) Enhancement of Water Supplies for Yakima Basin 
     Tributaries.--Section 1207 of Public Law 103-434 (108 Stat. 
     4560) is amended--
       (1) in the heading, by striking ``supplies'' and inserting 
     ``management'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``supplies'' and inserting ``management'';
       (B) in paragraph (1), by inserting ``and water supply 
     entities'' after ``owners''; and
       (C) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``that choose not to 
     participate or opt out of tributary enhancement projects 
     pursuant to this section'' after ``water right owners''; and
       (ii) in subparagraph (B), by inserting ``nonparticipating'' 
     before ``tributary water users'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking the paragraph designation and all that 
     follows through ``(but not limited to)--'' and inserting the 
     following:
       ``(1) In general.--The Secretary, following consultation 
     with the State of Washington, tributary water right owners, 
     and the Yakama Nation, and on agreement of appropriate water 
     right owners, is authorized to conduct studies to evaluate 
     measures to further Yakima Project purposes on tributaries to 
     the Yakima River. Enhancement programs that use measures 
     authorized by this subsection may be investigated and 
     implemented by the Secretary in tributaries to the Yakima 
     River, including Taneum Creek, other areas, or tributary 
     basins that currently or could potentially be provided 
     supplemental or transfer water by entities, such as the 
     Kittitas Reclamation District or the Yakima-Tieton Irrigation 
     District, subject to the condition that activities may 
     commence on completion of applicable and required feasibility 
     studies, environmental reviews, and cost-benefit analyses 
     that include favorable recommendations for further project 
     development, as appropriate. Measures to evaluate include--
     '';
       (ii) by indenting subparagraphs (A) through (F) 
     appropriately;
       (iii) in subparagraph (A), by inserting before the 
     semicolon at the end the following: ``, including irrigation 
     efficiency improvements (in coordination with programs of the 
     Department of Agriculture), consolidation of diversions or 
     administration, and diversion scheduling or coordination'';
       (iv) by redesignating subparagraphs (C) through (F) as 
     subparagraphs (E) through (H), respectively;
       (v) by inserting after subparagraph (B) the following:
       ``(C) improvements in irrigation system management or 
     delivery facilities within the Yakima River basin when those 
     improvements allow for increased irrigation system conveyance 
     and corresponding reduction in diversion from tributaries or 
     flow enhancements to tributaries through direct flow 
     supplementation or groundwater recharge;
       ``(D) improvements of irrigation system management or 
     delivery facilities to reduce or eliminate excessively high 
     flows caused by the use of natural streams for conveyance or 
     irrigation water or return water;'';
       (vi) in subparagraph (E) (as redesignated by clause (iv)), 
     by striking ``ground water'' and inserting ``groundwater 
     recharge and'';
       (vii) in subparagraph (G) (as redesignated by clause (iv)), 
     by inserting ``or transfer'' after ``purchase''; and
       (viii) in subparagraph (H) (as redesignated by clause 
     (iv)), by inserting ``stream processes and'' before ``stream 
     habitats'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the Taneum Creek study'' and inserting ``studies under this 
     subsection'';
       (ii) in subparagraph (B)--

       (I) by striking ``and economic'' and inserting ``, 
     infrastructure, economic, and land use''; and
       (II) by striking ``and'' at the end;

       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) any related studies already underway or 
     undertaken.''; and
       (C) in paragraph (3), in the first sentence, by inserting 
     ``of each tributary or group of tributaries'' after 
     ``study'';
       (4) in subsection (c)--
       (A) in the heading, by inserting ``and nonsurface storage'' 
     after ``nonstorage''; and
       (B) in the matter preceding paragraph (1), by inserting 
     ``and nonsurface storage'' after ``nonstorage'';
       (5) by striking subsection (d);
       (6) by redesignating subsection (e) as subsection (d); and
       (7) in paragraph (2) of subsection (d) (as so 
     redesignated)--
       (A) in the first sentence--
       (i) by inserting ``and implementation'' after 
     ``investigation'';
       (ii) by striking ``other'' before ``Yakima River''; and
       (iii) by inserting ``and other water supply entities'' 
     after ``owners''; and
       (B) by striking the second sentence.
       (e) Chandler Pumping Plant and Powerplant-operations at 
     Prosser Diversion Dam.--Section 1208(d) of Public Law 103-434 
     (108 Stat. 4562; 114 Stat. 1425) is amended by inserting 
     ``negatively'' before ``affected''.
       (f) Interim Comprehensive Basin Operating Plan.--Section 
     1210(c) of Public Law 103-434 (108 Stat. 4564) is amended by 
     striking ``$100,000'' and inserting ``$200,000''.
       (g) Environmental Compliance.--Section 1211 of Public Law 
     103-434 (108 Stat. 4564) is amended by striking 
     ``$2,000,000'' and inserting ``$5,000,000''.

     SEC. 6325. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN 
                   WATER ENHANCEMENT PROJECT.

       Title XII of Public Law 103-434 (108 Stat. 4550) is amended 
     by adding at the end the following:

     ``SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE 
                   III OF YAKIMA RIVER BASIN WATER ENHANCEMENT 
                   PROJECT.

       ``(a) Integrated Plan.--
       ``(1) In general.--The Secretary shall implement the 
     Integrated Plan as Phase III of the Yakima River Basin Water 
     Enhancement Project in accordance with this section and 
     applicable laws.
       ``(2) Initial development phase of the integrated plan.--
       ``(A) In general.--The Secretary, in coordination with the 
     State of Washington and Yakama Nation and subject to 
     feasibility studies, environmental reviews, and the 
     availability of appropriations, shall implement an initial 
     development phase of the Integrated Plan, to--
       ``(i) complete the planning, design, and construction or 
     development of upstream and downstream fish passage 
     facilities, as previously authorized by the Hoover Power 
     Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum 
     Reservoir and another Yakima Project reservoir identified by 
     the Secretary as consistent with the Integrated Plan, subject 
     to the condition that, if the Yakima Project reservoir 
     identified by the Secretary contains a hydropower project 
     licensed by the Federal Energy Regulatory Commission, the 
     Secretary shall cooperate with the Federal Energy Regulatory 
     Commission in a timely manner to ensure that actions taken by 
     the Secretary are consistent with the applicable hydropower 
     project license;
       ``(ii) negotiate long-term agreements with participating 
     proratable irrigation entities in the Yakima Basin and, 
     acting through the Bureau of Reclamation, coordinate between 
     Bureaus of the Department of the Interior and with the heads 
     of other Federal agencies to negotiate agreements concerning 
     leases, easements, and rights-of-way on Federal land, and 
     other terms and conditions determined to be necessary to 
     allow for the non-Federal financing, construction, operation, 
     and maintenance of--

       ``(I) new facilities needed to access and deliver inactive 
     storage in Lake Kachess for the purpose of providing drought 
     relief for irrigation (known as the `Kachess Drought Relief 
     Pumping Plant'); and
       ``(II) a conveyance system to allow transfer of water 
     between Keechelus Reservoir to Kachess Reservoir for purposes 
     of improving operational flexibility for the benefit of both 
     fish and irrigation (known as the `K to K Pipeline');

       ``(iii) participate in, provide funding for, and accept 
     non-Federal financing for--

       ``(I) water conservation projects, not subject to the 
     provisions of the Basin Conservation Program described in 
     section 1203, that are intended to partially implement the 
     Integrated Plan by providing 85,000 acre-feet of conserved 
     water to improve tributary and mainstem stream flow; and
       ``(II) aquifer storage and recovery projects;

[[Page S592]]

       ``(iv) study, evaluate, and conduct feasibility analyses 
     and environmental reviews of fish passage, water supply 
     (including groundwater and surface water storage), 
     conservation, habitat restoration projects, and other 
     alternatives identified as consistent with the purposes of 
     this Act, for the initial and future phases of the Integrated 
     Plan;
       ``(v) coordinate with and assist the State of Washington in 
     implementing a robust water market to enhance water 
     management in the Yakima River basin, including--

       ``(I) assisting in identifying ways to encourage and 
     increase the use of, and reduce the barriers to, water 
     transfers, leasing, markets, and other voluntary transactions 
     among public and private entities in the Yakima River basin;
       ``(II) providing technical assistance, including scientific 
     data and market information; and
       ``(III) negotiating agreements that would facilitate 
     voluntary water transfers between entities, including as 
     appropriate, the use of federally managed infrastructure; and

       ``(vi) enter into cooperative agreements with, or, subject 
     to a minimum non-Federal cost-sharing requirement of 50 
     percent, make grants to, the Yakama Nation, the State of 
     Washington, Yakima River basin irrigation districts, water 
     districts, conservation districts, other local governmental 
     entities, nonprofit organizations, and land owners to carry 
     out this title under such terms and conditions as the 
     Secretary may require, including the following purposes:

       ``(I) Land and water transfers, leases, and acquisitions 
     from willing participants, so long as the acquiring entity 
     shall hold title and be responsible for any and all required 
     operations, maintenance, and management of that land and 
     water.
       ``(II) To combine or relocate diversion points, remove fish 
     barriers, or for other activities that increase flows or 
     improve habitat in the Yakima River and its tributaries in 
     furtherance of this title.
       ``(III) To implement, in partnership with Federal and non-
     Federal entities, projects to enhance the health and 
     resilience of the watershed.

       ``(B) Commencement date.--The Secretary shall commence 
     implementation of the activities included under the initial 
     development phase pursuant to this paragraph--
       ``(i) on the date of enactment of this section; and
       ``(ii) on completion of applicable feasibility studies, 
     environmental reviews, and cost-benefit analyses that include 
     favorable recommendations for further project development.
       ``(3) Intermediate and final phases.--
       ``(A) In general.--The Secretary, in coordination with the 
     State of Washington and in consultation with the Yakama 
     Nation, shall develop plans for intermediate and final 
     development phases of the Integrated Plan to achieve the 
     purposes of this Act, including conducting applicable 
     feasibility studies, environmental reviews, and other 
     relevant studies needed to develop the plans.
       ``(B) Intermediate phase.--The Secretary shall develop an 
     intermediate development phase to implement the Integrated 
     Plan that, subject to authorization and appropriation, would 
     commence not later than 10 years after the date of enactment 
     of this section.
       ``(C) Final phase.--The Secretary shall develop a final 
     development phase to implement the Integrated Plan that, 
     subject to authorization and appropriation, would commence 
     not later than 20 years after the date of enactment of this 
     section.
       ``(4) Contingencies.--The implementation by the Secretary 
     of projects and activities identified for implementation 
     under the Integrated Plan shall be--
       ``(A) subject to authorization and appropriation;
       ``(B) contingent on the completion of applicable 
     feasibility studies, environmental reviews, and cost-benefit 
     analyses that include favorable recommendations for further 
     project development;
       ``(C) implemented on public review and a determination by 
     the Secretary that design, construction, and operation of a 
     proposed project or activity is in the best interest of the 
     public; and
       ``(D) in compliance with all applicable laws, including the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq).
       ``(5) Progress report.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this section, the Secretary, in conjunction with 
     the State of Washington and in consultation with the Yakama 
     Nation, 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 progress report 
     on the development and implementation of the Integrated Plan.
       ``(B) Requirements.--The progress report under this 
     paragraph shall--
       ``(i) provide a review and reassessment, if needed, of the 
     objectives of the Integrated Plan, as applied to all elements 
     of the Integrated Plan;
       ``(ii) assess, through performance metrics developed at the 
     initiation of, and measured throughout the implementation of, 
     the Integrated Plan, the degree to which the implementation 
     of the initial development phase addresses the objectives and 
     all elements of the Integrated Plan;
       ``(iii) identify the amount of Federal funding and non-
     Federal contributions received and expended during the period 
     covered by the report;
       ``(iv) describe the pace of project development during the 
     period covered by the report;
       ``(v) identify additional projects and activities proposed 
     for inclusion in any future phase of the Integrated Plan to 
     address the objectives of the Integrated Plan, as applied to 
     all elements of the Integrated Plan; and
       ``(vi) for water supply projects--

       ``(I) provide a preliminary discussion of the means by 
     which--

       ``(aa) water and costs associated with each recommended 
     project would be allocated among authorized uses; and
       ``(bb) those allocations would be consistent with the 
     objectives of the Integrated Plan; and

       ``(II) establish a plan for soliciting and formalizing 
     subscriptions among individuals and entities for 
     participation in any of the recommended water supply projects 
     that will establish the terms for participation, including 
     fiscal obligations associated with subscription.

       ``(b) Financing, Construction, Operation, and Maintenance 
     of Kachess Drought Relief Pumping Plant and K to K 
     Pipeline.--
       ``(1) Agreements.--Long-term agreements negotiated between 
     the Secretary and participating proratable irrigation 
     entities in the Yakima Basin for the non-Federal financing, 
     construction, operation, and maintenance of the Drought 
     Relief Pumping Plant and K to K Pipeline shall include 
     provisions regarding--
       ``(A) responsibilities of the participating proratable 
     irrigation entities for the planning, design, and 
     construction of infrastructure in consultation and 
     coordination with the Secretary;
       ``(B) property titles and responsibilities of the 
     participating proratable irrigation entities for the 
     maintenance of and liability for all infrastructure 
     constructed under this title;
       ``(C) operation and integration of the projects by the 
     Secretary in the operation of the Yakima Project;
       ``(D) costs associated with the design, financing, 
     construction, operation, maintenance, and mitigation of 
     projects, with the costs of Federal oversight and review to 
     be nonreimbursable to the participating proratable irrigation 
     entities and the Yakima Project; and
       ``(E) responsibilities for the pumping and operational 
     costs necessary to provide the total water supply available 
     made inaccessible due to drought pumping during the preceding 
     1 or more calendar years, in the event that the Kachess 
     Reservoir fails to refill as a result of pumping drought 
     storage water during the preceding 1 or more calendar years, 
     which shall remain the responsibility of the participating 
     proratable irrigation entities.
       ``(2) Use of kachess reservoir stored water.--
       ``(A) In general.--The additional stored water made 
     available by the construction of facilities to access and 
     deliver inactive storage in Kachess Reservoir under 
     subsection (a)(2)(A)(ii)(I) shall--
       ``(i) be considered to be Yakima Project water;
       ``(ii) not be part of the total water supply available, as 
     that term is defined in various court rulings; and
       ``(iii) be used exclusively by the Secretary--

       ``(I) to enhance the water supply in years when the total 
     water supply available is not sufficient to provide 70 
     percent of proratable entitlements in order to make that 
     additional water available up to 70 percent of proratable 
     entitlements to the Kittitas Reclamation District, the Roza 
     Irrigation District, or other proratable irrigation entities 
     participating in the construction, operation, and maintenance 
     costs of the facilities under this title under such terms and 
     conditions to which the districts may agree, subject to the 
     conditions that--

       ``(aa) the Bureau of Indian Affairs, the Wapato Irrigation 
     Project, and the Yakama Nation, on an election to 
     participate, may also obtain water from Kachess Reservoir 
     inactive storage to enhance applicable existing irrigation 
     water supply in accordance with such terms and conditions to 
     which the Bureau of Indian Affairs and the Yakama Nation may 
     agree; and
       ``(bb) the additional supply made available under this 
     clause shall be available to participating individuals and 
     entities in proportion to the proratable entitlements of the 
     participating individuals and entities, or in such other 
     proportion as the participating entities may agree; and

       ``(II) to facilitate reservoir operations in the reach of 
     the Yakima River between Keechelus Dam and Easton Dam for the 
     propagation of anadromous fish.

       ``(B) Effect of paragraph.--Nothing in this paragraph 
     affects (as in existence on the date of enactment of this 
     section) any contract, law (including regulations) relating 
     to repayment costs, water right, or Yakama Nation treaty 
     right.
       ``(3) Commencement.--The Secretary shall not commence 
     entering into agreements pursuant to subsection (a)(2)(A)(ii) 
     or subsection (b)(1) or implementing any activities pursuant 
     to the agreements before the date on which--
       ``(A) all applicable and required feasibility studies, 
     environmental reviews, and cost-benefit analyses have been 
     completed and include favorable recommendations for further

[[Page S593]]

     project development, including an analysis of--
       ``(i) the impacts of the agreements and activities 
     conducted pursuant to subsection (a)(2)(A)(ii) on adjacent 
     communities, including potential fire hazards, water access 
     for fire districts, community and homeowner wells, future 
     water levels based on projected usage, recreational values, 
     and property values; and
       ``(ii) specific options and measures for mitigating the 
     impacts, as appropriate;
       ``(B) the Secretary has made the agreements and any 
     applicable project designs, operations plans, and other 
     documents available for public review and comment in the 
     Federal Register for a period of not less than 60 days; and
       ``(C) the Secretary has made a determination, consistent 
     with applicable law, that the agreements and activities to 
     which the agreements relate--
       ``(i) are in the public interest; and
       ``(ii) could be implemented without significant adverse 
     impacts to the environment.
       ``(4) Electrical power associated with kachess drought 
     relief pumping plant.--
       ``(A) In general.--The Administrator of the Bonneville 
     Power Administration, pursuant to the Pacific Northwest 
     Electric Power Planning and Conservation Act (16 U.S.C. 839 
     et seq.), shall provide to the Secretary project power to 
     operate the Kachess Pumping Plant constructed under this 
     title if inactive storage in Kachess Reservoir is needed to 
     provide drought relief for irrigation, subject to the 
     requirements of subparagraphs (B) and (C).
       ``(B) Determination.--Power may be provided under 
     subparagraph (A) only if--
       ``(i) there is in effect a drought declaration issued by 
     the State of Washington;
       ``(ii) there are conditions that have led to 70 percent or 
     less water delivery to proratable irrigation districts, as 
     determined by the Secretary; and
       ``(iii) the Secretary determines that it is appropriate to 
     provide power under that subparagraph.
       ``(C) Period of availability.--Power under subparagraph (A) 
     shall be provided until the date on which the Secretary 
     determines that power should no longer be provided under that 
     subparagraph, but for not more than a 1-year period or the 
     period during which the Secretary determines that drought 
     mitigation measures are necessary in the Yakima River basin.
       ``(D) Rate.--The Administrator of the Bonneville Power 
     Administration shall provide power under subparagraph (A) at 
     the then-applicable lowest Bonneville Power Administration 
     rate for public body, cooperative, and Federal agency 
     customers firm obligations, which as of the date of enactment 
     of this section is the priority firm Tier 1 rate, and shall 
     not include any irrigation discount.
       ``(E) Local provider.--During any period in which power is 
     not being provided under subparagraph (A), the power needed 
     to operate the Kachess Pumping Plant shall be obtained by the 
     Secretary from a local provider.
       ``(F) Costs.--The cost of power for such pumping, station 
     service power, and all costs of transmitting power from the 
     Federal Columbia River Power System to the Yakima Enhancement 
     Project pumping facilities shall be borne by irrigation 
     districts receiving the benefits of that water.
       ``(G) Duties of commissioner.--The Commissioner of 
     Reclamation shall be responsible for arranging transmission 
     for deliveries of Federal power over the Bonneville system 
     through applicable tariff and business practice processes of 
     the Bonneville system and for arranging transmission for 
     deliveries of power obtained from a local provider.
       ``(c) Design and Use of Groundwater Recharge Projects.--
       ``(1) In general.--Any water supply that results from an 
     aquifer storage and recovery project shall not be considered 
     to be a part of the total water supply available if--
       ``(A) the water for the aquifer storage and recovery 
     project would not be available for use, but instead for the 
     development of the project;
       ``(B) the aquifer storage and recovery project will not 
     otherwise impair any water supply available for any 
     individual or entity entitled to use the total water supply 
     available; and
       ``(C) the development of the aquifer storage and recovery 
     project will not impair fish or other aquatic life in any 
     localized stream reach.
       ``(2) Project types.--The Secretary may provide technical 
     assistance for, and participate in, any of the following 3 
     types of groundwater recharge projects (including the 
     incorporation of groundwater recharge projects into Yakima 
     Project operations, as appropriate):
       ``(A) Aquifer recharge projects designed to redistribute 
     Yakima Project water within a water year for the purposes of 
     supplementing stream flow during the irrigation season, 
     particularly during storage control, subject to the condition 
     that if such a project is designed to supplement a mainstem 
     reach, the water supply that results from the project shall 
     be credited to instream flow targets, in lieu of using the 
     total water supply available to meet those targets.
       ``(B) Aquifer storage and recovery projects that are 
     designed, within a given water year or over multiple water 
     years--
       ``(i) to supplement or mitigate for municipal uses;
       ``(ii) to supplement municipal supply in a subsurface 
     aquifer; or
       ``(iii) to mitigate the effect of groundwater use on 
     instream flow or senior water rights.
       ``(C) Aquifer storage and recovery projects designed to 
     supplement existing irrigation water supply, or to store 
     water in subsurface aquifers, for use by the Kittitas 
     Reclamation District, the Roza Irrigation District, or any 
     other proratable irrigation entity participating in the 
     repayment of the construction, operation, and maintenance 
     costs of the facilities under this section during years in 
     which the total water supply available is insufficient to 
     provide to those proratable irrigation entities all water to 
     which the entities are entitled, subject to the conditions 
     that--
       ``(i) the Bureau of Indian Affairs, the Wapato Irrigation 
     Project, and the Yakama Nation, on an election to 
     participate, may also obtain water from aquifer storage to 
     enhance applicable existing irrigation water supply in 
     accordance with such terms and conditions to which the Bureau 
     of Indian Affairs and the Yakama Nation may agree; and
       ``(ii) nothing in this subparagraph affects (as in 
     existence on the date of enactment of this section) any 
     contract, law (including regulations) relating to repayment 
     costs, water right, or Yakama Nation treaty right.
       ``(d) Federal Cost-share.--
       ``(1) In general.--The Federal cost-share of a project 
     carried out under this section shall be determined in 
     accordance with the applicable laws (including regulations) 
     and policies of the Bureau of Reclamation.
       ``(2) Initial phase.--The Federal cost-share for the 
     initial development phase of the Integrated Plan shall not 
     exceed 50 percent of the total cost of the initial 
     development phase.
       ``(3) State and other contributions.--The Secretary may 
     accept as part of the non-Federal cost-share of a project 
     carried out under this section, and expend as if 
     appropriated, any contribution (including in-kind services) 
     by the State of Washington or any other individual or entity 
     that the Secretary determines will enhance the conduct and 
     completion of the project.
       ``(4) Limitation on use of other federal funds.--Except as 
     otherwise provided in this title, other Federal funds may not 
     be used to provide the non-Federal cost-share of a project 
     carried out under this section.
       ``(e) Savings and Contingencies.--Nothing in this section 
     shall--
       ``(1) be a new or supplemental benefit for purposes of the 
     Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
       ``(2) affect any contract in existence on the date of 
     enactment of the Yakima River Basin Water Enhancement Project 
     Phase III Act of 2016 that was executed pursuant to the 
     reclamation laws;
       ``(3) affect any contract or agreement between the Bureau 
     of Indian Affairs and the Bureau of Reclamation;
       ``(4) affect, waive, abrogate, diminish, define, or 
     interpret the treaty between the Yakama Nation and the United 
     States; or
       ``(5) constrain the continued authority of the Secretary to 
     provide fish passage in the Yakima Basin in accordance with 
     the Hoover Power Plant Act of 1984 (43 U.S.C 619 et seq.).

     ``SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.

       ``The Secretary shall retain authority and discretion over 
     the management of project supplies to optimize operational 
     use and flexibility to ensure compliance with all applicable 
     Federal and State laws, treaty rights of the Yakama Nation, 
     and legal obligations, including those contained in this Act. 
     That authority and discretion includes the ability of the 
     United States to store, deliver, conserve, and reuse water 
     supplies deriving from projects authorized under this 
     title.''.

                PART IV--RESERVOIR OPERATION IMPROVEMENT

     SEC. 6331. RESERVOIR OPERATION IMPROVEMENT.

       (a) Definitions.--In this section:
       (1) Reserved works.--The term ``reserved works'' means any 
     Bureau of Reclamation project facility at which the Secretary 
     of the Interior carries out the operation and maintenance of 
     the project facility.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (3) Transferred works.--The term ``transferred works'' 
     means a Bureau of Reclamation project facility, the operation 
     and maintenance of which is carried out by a non-Federal 
     entity, under the provisions of a formal operation and 
     maintenance transfer contract.
       (4) Transferred works operating entity.--The term 
     ``transferred works operating entity'' means the organization 
     that is contractually responsible for operation and 
     maintenance of transferred works.
       (b) Report.--Not later than 360 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, the Committee on Environment and Public 
     Works of the Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     including, for any State in which a county designated by the 
     Secretary of Agriculture as a drought disaster area during 
     water year 2015 is located, a list of projects, including 
     Corps of Engineers projects, and those non-Federal projects 
     and transferred works that are operated for flood control in 
     accordance with rules prescribed by the Secretary pursuant to 
     section 7 of the

[[Page S594]]

     Act of December 22, 1944 (commonly known as the ``Flood 
     Control Act of 1944'') (58 Stat. 890, chapter 665), 
     including, as applicable--
       (1) the year the original water control manual was 
     approved;
       (2) the year for any subsequent revisions to the water 
     control plan and manual of the project;
       (3) a list of projects for which--
       (A) operational deviations for drought contingency have 
     been requested;
       (B) the status of the request; and
       (C) a description of how water conservation and water 
     quality improvements were addressed; and
       (4) a list of projects for which permanent or seasonal 
     changes to storage allocations have been requested, and the 
     status of the request.
       (c) Project Identification.--Not later than 60 days after 
     the date of completion of the report under subsection (b), 
     the Secretary shall identify any projects described in the 
     report--
       (1) for which the modification of the water operations 
     manuals, including flood control rule curve, would be likely 
     to enhance existing authorized project purposes, including 
     for water supply benefits and flood control operations;
       (2) for which the water control manual and 
     hydrometeorological information establishing the flood 
     control rule curves of the project have not been 
     substantially revised during the 15-year period ending on the 
     date of review by the Secretary; and
       (3) for which the non-Federal sponsor or sponsors of a 
     Corps of Engineers project, the owner of a non-Federal 
     project, or the non-Federal transferred works operating 
     entity, as applicable, has submitted to the Secretary a 
     written request to revise water operations manuals, including 
     flood control rule curves, based on the use of improved 
     weather forecasting or run-off forecasting methods, new 
     watershed data, changes to project operations, or structural 
     improvements.
       (d) Pilot Projects.--
       (1) In general.--Not later than 1 year after the date of 
     identification of projects under subsection (c), if any, the 
     Secretary shall carry out not fewer than 15 pilot projects, 
     which shall include not less than 6 non-Federal projects, to 
     implement revisions of water operations manuals, including 
     flood control rule curves, based on the best available 
     science, which may include--
       (A) forecast-informed operations;
       (B) new watershed data; and
       (C) if applicable, in the case of non-Federal projects, 
     structural improvements.
       (2) Consultation.--In implementing a pilot project under 
     this subsection, the Secretary shall consult with all 
     affected interests, including--
       (A) non-Federal entities responsible for operations and 
     maintenance costs of a Federal facility;
       (B) individuals and entities with storage entitlements; and
       (C) local agencies with flood control responsibilities 
     downstream of a facility.
       (e) Coordination With Non-federal Project Entities.--If a 
     project identified under subsection (c) is--
       (1) a non-Federal project, the Secretary, prior to carrying 
     out an activity under this section, shall--
       (A) consult with the non-Federal project owner; and
       (B) enter into a cooperative agreement, memorandum of 
     understanding, or other agreement with the non-Federal 
     project owner describing the scope and goals of the activity 
     and the coordination among the parties; and
       (2) a Federal project, the Secretary, prior to carrying out 
     an activity under this section, shall--
       (A) consult with each Federal and non-Federal entity 
     (including a municipal water district, irrigation district, 
     joint powers authority, transferred works operating entity, 
     or other local governmental entity) that currently--
       (i) manages (in whole or in part) a Federal dam or 
     reservoir; or
       (ii) is responsible for operations and maintenance costs; 
     and
       (B) enter into a cooperative agreement, memorandum of 
     understanding, or other agreement with each such entity 
     describing the scope and goals of the activity and the 
     coordination among the parties.
       (f) Consideration.--In designing and implementing a 
     forecast-informed reservoir operations plan under subsection 
     (d) or (g), the Secretary may consult with the appropriate 
     agencies within the Department of the Interior and the 
     Department of Commerce with expertise in atmospheric, 
     meteorological, and hydrologic science to consider--
       (1) the relationship between ocean and atmospheric 
     conditions, including--
       (A) the El Nino and La Nina cycles; and
       (B) the potential for above-normal, normal, and below-
     normal rainfall for the coming water year, including 
     consideration of atmospheric river forecasts;
       (2) the precipitation and runoff index specific to the 
     basin and watershed of the relevant dam or reservoir, 
     including incorporating knowledge of hydrological and 
     meteorological conditions that influence the timing and 
     quantity of runoff;
       (3) improved hydrologic forecasting for precipitation, 
     snowpack, and soil moisture conditions;
       (4) an adjustment of operational flood control rule curves 
     to optimize water supply storage and reliability, hydropower 
     production, environmental benefits for flows and temperature, 
     and other authorized project benefits, without a reduction in 
     flood safety; and
       (5) proactive management in response to changes in 
     forecasts.
       (g) Funding.--The Secretary may accept and expend amounts 
     from non-Federal entities and other Federal agencies to fund 
     all or a portion of the cost of carrying out a review or 
     revision of operational documents, including water control 
     plans, water control manuals, water control diagrams, release 
     schedules, rule curves, operational agreements with non-
     Federal entities, and any associated environmental 
     documentation for--
       (1) a Corps of Engineers project;
       (2) a non-Federal project regulated for flood control by 
     the Secretary; or
       (3) a Bureau of Reclamation transferred works regulated for 
     flood control by the Secretary.
       (h) Effect.--
       (1) Manual revisions.--A revision of a manual shall not 
     interfere with the authorized purposes of a Federal project 
     or the existing purposes of a non-Federal project regulated 
     for flood control by the Secretary.
       (2) Effect of section.--
       (A) Nothing in this section authorizes the Secretary to 
     carry out, at a Federal dam or reservoir, any project or 
     activity for a purpose not otherwise authorized as of the 
     date of enactment of this Act.
       (B) Nothing in this section affects or modifies any 
     obligation of the Secretary under State law.
       (C) Nothing in this section affects or modifies any 
     obligation to comply with any applicable Federal law.
       (3) Bureau of reclamation reserved works excluded.--This 
     section--
       (A) shall not apply to any dam or reservoir operated by the 
     Bureau of Reclamation as a reserved work, unless all non-
     Federal project sponsors of a reserved work jointly provide 
     to the Secretary a written request for application of this 
     section to the project; and
       (B) shall apply only to Bureau of Reclamation transferred 
     works at the written request of the transferred works 
     operating entity.
       (4) Prior studies.--The Secretary shall--
       (A) to the maximum extent practicable, coordinate the 
     efforts of the Secretary in carrying out subsections (b), 
     (c), and (d) with the efforts of the Secretary in 
     completing--
       (i) the report required under section 1046(a)(2)(A) of the 
     Water Resources Reform and Development Act of 2014 (33 U.S.C. 
     2319 note; Public Law 113-121); and
       (ii) the updated report required under subsection (a)(2)(B) 
     of that section; and
       (B) if the reports are available before the date on which 
     the Secretary carries out the actions described in 
     subsections (b), (c), and (d), consider the findings of the 
     reports described in clauses (i) and (ii) of subparagraph 
     (A).
       (i) Modifications to Manuals and Curves.--Not later than 
     180 days after the date of completion of a modification to an 
     operations manual or flood control rule curve, the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     regarding the components of the forecast-based reservoir 
     operations plan incorporated into the change.

                     PART V--HYDROELECTRIC PROJECTS

     SEC. 6341. 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.).

     SEC. 6342. 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.

[[Page S595]]

       (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.

     SEC. 6343. EXTENSION OF DEADLINE FOR HYDROELECTRIC PROJECT.

       (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'') project numbered 12642, 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 the construction of the 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 the project 
     described in subsection (a) has expired prior to 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.

     SEC. 6344. EXTENSION OF DEADLINE FOR CERTAIN OTHER 
                   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.

     SEC. 6345. EQUUS BEDS DIVISION EXTENSION.

       Section 10(h) of Public Law 86-787 (74 Stat. 1026; 120 
     Stat. 1474) is amended by striking ``10 years'' and inserting 
     ``20 years''.

     SEC. 6346. 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 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.

            PART VI--PUMPED STORAGE HYDROPOWER COMPENSATION

     SEC. 6351. PUMPED STORAGE HYDROPOWER COMPENSATION.

       Not later than 180 days after the date of enactment of this 
     Act, the Federal Energy Regulatory Commission shall initiate 
     a proceeding to identify and determine the market, 
     procurement, and cost recovery mechanisms that would--
       (1) encourage development of pumped storage hydropower 
     assets; and
       (2) properly compensate those assets for the full range of 
     services provided to the power grid, including--
       (A) balancing electricity supply and demand;
       (B) ensuring grid reliability; and
       (C) cost-effectively integrating intermittent power sources 
     into the grid.
                                 ______
                                 
  SA 3235. Mr. WICKER (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 end of title III, add the following:

                  Subtitle I--Renewable Fuel Standard

     SEC. 3801. SUNSET OF RENEWABLE FUEL STANDARD.

       Section 211(o)(2) of the Clean Air Act (42 U.S.C. 
     7545(o)(2)) is amended by adding at the end the following:
       ``(C) Sunset.--The authority provided by this paragraph 
     terminates on December 31, 2022.''.

     SEC. 3802. REGULATIONS.

       Effective beginning on January 1, 2023, the regulations 
     contained in subparts K and M of part 80 of title 40, Code of 
     Federal Regulations (as in effect on that date), shall have 
     no force or effect.
                                 ______
                                 
  SA 3236. Mr. WYDEN (for himself, Mr. Durbin, Mr. Casey, 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 end of part IV of subtitle B of title III, add the 
     following:

     SEC. 3105. ENERGY TRAIN DATA COLLECTION.

       The Administrator of the Energy Information Administration, 
     in coordination with the Secretary of Transportation--
       (1) shall collect information regarding--
       (A) the volume of energy products transported by rail, 
     including--
       (i) petroleum crude oil;
       (ii) ethanol;
       (iii) liquefied natural gas; and
       (iv) other energy products selected by the Administrator; 
     and
       (B) the origins and destinations of the energy products 
     transported by rail described in subparagraph (A), 
     including--
       (i) energy products transported by rail within Petroleum 
     Administration Defense Districts;
       (ii) energy products transported by rail between Petroleum 
     Administration Defense Districts;
       (iii) energy products imported to the United States by rail 
     from international origins; and
       (iv) energy products exported from the United States by 
     rail to international destinations;
       (2) may collect additional information to carry out the 
     purposes of this section from other sources, including--
       (A) surveys conducted by the Administrator;
       (B) information collected by the Department of 
     Transportation;
       (C) foreign governments; and
       (D) third-party data; and
       (3) shall make the information collected under paragraphs 
     (1) and (2) available to the public on an Internet website 
     that is updated monthly and does not aggregate the volume of 
     energy products transported by rail with the volume of energy 
     products transported by other modes of transportation.
                                 ______
                                 
  SA 3237. 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:


[[Page S596]]


  

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

     SEC. 31__. REPORT ON INCORPORATING INTERNET-BASED LEASE 
                   SALES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the Interior shall submit to Congress a 
     report containing recommendations for the incorporation of 
     Internet-based lease sales at the Bureau of Land Management 
     in accordance with section 17(b)(1)(C) of the Mineral Leasing 
     Act (30 U.S.C. 226(b)(1)(C)) in the event of an emergency or 
     other disruption causing a disruption to a sale.
                                 ______
                                 
  SA 3238. Mr. WYDEN (for himself, Mr. Bennet, Ms. Cantwell, Mr. 
Schumer, Ms. Stabenow, Mr. Menendez, Mr. Carper, Mr. Cardin, Mrs. 
Murray, Mr. Durbin, Ms. Klobuchar, Mr. Whitehouse, Mrs. Shaheen, Mr. 
Coons, 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; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                  TITLE VI--INVESTING IN CLEAN ENERGY

     SEC. 6001. AMENDMENT OF 1986 CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

                  Subtitle A--Clean Energy Tax Credits

     SEC. 6011. CLEAN ENERGY PRODUCTION CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 45S. CLEAN ENERGY PRODUCTION CREDIT.

       ``(a) Amount of Credit.--
       ``(1) In general.--For purposes of section 38, the clean 
     energy production credit for any taxable year is an amount 
     equal to the product of--
       ``(A) the applicable credit rate (as determined under 
     paragraph (2)), multiplied by
       ``(B) the kilowatt hours of electricity--
       ``(i) produced by the taxpayer at a qualified facility, and
       ``(ii)(I) sold by the taxpayer to an unrelated person 
     during the taxable year, or
       ``(II) in the case of a qualified facility which is 
     equipped with a metering device which is owned and operated 
     by an unrelated person, sold, consumed, or stored by the 
     taxpayer during the taxable year.
       ``(2) Applicable credit rate.--
       ``(A) In general.--
       ``(i) Maximum credit rate.--Except as provided in clause 
     (ii), the applicable credit rate is 1.5 cents.
       ``(ii) Reduction of credit based on greenhouse gas emission 
     rate.--The applicable credit rate shall be reduced (but not 
     below zero) by an amount which bears the same ratio to the 
     amount in effect under clause (i) as the greenhouse gas 
     emissions rate for the qualified facility bears to 372 grams 
     of CO2e per KWh.
       ``(B) Rounding.--If any amount determined under 
     subparagraph (A)(ii) is not a multiple of 0.1 cent, such 
     amount shall be rounded to the nearest multiple of 0.1 cent.
       ``(b) Greenhouse Gas Emissions Rate.--
       ``(1) In general.--For purposes of this section, the term 
     `greenhouse gas emissions rate' means the amount of 
     greenhouse gases emitted into the atmosphere by a qualified 
     facility in the production of electricity, expressed as grams 
     of CO2e per KWh.
       ``(2) Non-fossil fuel combustion and gasification.--In the 
     case of a qualified facility which produces electricity 
     through combustion or gasification of a non-fossil fuel, the 
     greenhouse gas emissions rate for such facility shall be 
     equal to the net rate of greenhouse gases emitted into the 
     atmosphere by such facility in the production of electricity, 
     expressed as grams of CO2e per KWh.
       ``(3) Establishment of safe harbor for qualified 
     facilities.--
       ``(A) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall, 
     by regulation, establish safe-harbor greenhouse gas emissions 
     rates for types or categories of qualified facilities, which 
     a taxpayer may elect to use for purposes of this section.
       ``(B) Rounding.--In establishing the safe-harbor greenhouse 
     gas emissions rates for qualified facilities, the Secretary 
     may round such rates to the nearest multiple of 37.2 grams of 
     CO2e per KWh (or, in the case of a greenhouse gas 
     emissions rate which is less than 18.6 grams of 
     CO2e per KWh, by rounding such rate to zero).
       ``(4) Carbon capture and sequestration equipment.--For 
     purposes of this subsection, the amount of greenhouse gases 
     emitted into the atmosphere by a qualified facility in the 
     production of electricity shall not include any qualified 
     carbon dioxide (as defined in section 48E(c)(3)(A)) that is 
     captured and disposed of by the taxpayer.
       ``(c) Inflation Adjustment.--
       ``(1) In general.--In the case of a calendar year beginning 
     after 2018, the 1.5 cent amount in clause (i) of subsection 
     (a)(2)(A) shall be adjusted by multiplying such amount by the 
     inflation adjustment factor for the calendar year in which 
     the sale or use of the electricity occurs. If any amount as 
     increased under the preceding sentence is not a multiple of 
     0.1 cent, such amount shall be rounded to the nearest 
     multiple of 0.1 cent.
       ``(2) Annual computation.--The Secretary shall, not later 
     than April 1 of each calendar year, determine and publish in 
     the Federal Register the inflation adjustment factor for such 
     calendar year in accordance with this subsection.
       ``(3) Inflation adjustment factor.--The term `inflation 
     adjustment factor' means, with respect to a calendar year, a 
     fraction the numerator of which is the GDP implicit price 
     deflator for the preceding calendar year and the denominator 
     of which is the GDP implicit price deflator for the calendar 
     year 1992. The term `GDP implicit price deflator' means the 
     most recent revision of the implicit price deflator for the 
     gross domestic product as computed and published by the 
     Department of Commerce before March 15 of the calendar year.
       ``(d) Credit Phase-out.--
       ``(1) In general.--Subject to paragraph (3), if the 
     Secretary, in consultation with the Secretary of Energy and 
     the Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     electrical production in the United States are equal to or 
     less than 72 percent of the annual greenhouse gas emissions 
     from electrical production in the United States for calendar 
     year 2005, the amount of the clean energy production credit 
     under subsection (a) for any qualified facility placed in 
     service during a calendar year described in paragraph (2) 
     shall be equal to the product of--
       ``(A) the amount of the credit determined under subsection 
     (a) without regard to this subsection, multiplied by
       ``(B) the phase-out percentage under paragraph (2).
       ``(2) Phase-out percentage.--The phase-out percentage under 
     this paragraph is equal to--
       ``(A) for a facility placed in service during the first 
     calendar year following the calendar year in which the 
     determination described in paragraph (1) is made, 75 percent,
       ``(B) for a facility placed in service during the second 
     calendar year following such determination year, 50 percent,
       ``(C) for a facility placed in service during the third 
     calendar year following such determination year, 25 percent, 
     and
       ``(D) for a facility placed in service during any calendar 
     year subsequent to the year described in subparagraph (C), 0 
     percent.
       ``(3) Deadline to begin phase-out.--If the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     electrical production in the United States for each year 
     before calendar year 2026 are greater than the percentage 
     specified in paragraph (1), then the determination described 
     in such paragraph shall be deemed to have been made for 
     calendar year 2025.
       ``(e) Definitions.--In this section:
       ``(1) CO2e per kwh.--The term `CO2e 
     per KWh' means, with respect to any greenhouse gas, the 
     equivalent carbon dioxide per kilowatt hour of electricity 
     produced.
       ``(2) Greenhouse gas.--The term `greenhouse gas' has the 
     same meaning given such term under section 211(o)(1)(G) of 
     the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on 
     the date of the enactment of this section.
       ``(3) Qualified facility.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the term `qualified facility' means a facility which is--
       ``(i) used for the generation of electricity, and
       ``(ii) originally placed in service after December 31, 
     2017.
       ``(B) 10-year production credit.--For purposes of this 
     section, a facility shall only be treated as a qualified 
     facility during the 10-year period beginning on the date the 
     facility was originally placed in service.
       ``(C) Expansion of facility; incremental production.--A 
     qualified facility shall include either of the following in 
     connection with a facility described in subparagraph (A)(i) 
     that was previously placed in service, but only to the extent 
     of the increased amount of electricity produced at the 
     facility by reason of the following:
       ``(i) A new unit placed in service after December 31, 2017.
       ``(ii) Any efficiency improvements or additions of capacity 
     placed in service after December 31, 2017.
       ``(D) Coordination with other credits.--The term `qualified 
     facility' shall not include any facility for which--
       ``(i) a renewable electricity production credit determined 
     under section 45 is allowed under section 38 for the taxable 
     year or any prior taxable year,
       ``(ii) an energy credit determined under section 48 is 
     allowed under section 38 for the taxable year or any prior 
     taxable year, or
       ``(iii) a clean energy investment credit determined under 
     section 48E is allowed under section 38 for the taxable year 
     or any prior taxable year.
       ``(f) Final Guidance.--Not later than January 1, 2017, the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall issue final guidance 
     regarding implementation of this section, including 
     calculation of greenhouse gas emission rates for qualified 
     facilities and determination of clean energy production 
     credits under this section.
       ``(g) Special Rules.--

[[Page S597]]

       ``(1) Only production in the united states taken into 
     account.--Consumption or sales shall be taken into account 
     under this section only with respect to electricity the 
     production of which is within--
       ``(A) the United States (within the meaning of section 
     638(1)), or
       ``(B) a possession of the United States (within the meaning 
     of section 638(2)).
       ``(2) Combined heat and power system property.--
       ``(A) In general.--For purposes of subsection (a)(1)(B), 
     the kilowatt hours of electricity produced by a taxpayer at a 
     qualified facility shall include any production in the form 
     of useful thermal energy by any combined heat and power 
     system property within such facility.
       ``(B) Combined heat and power system property.--For 
     purposes of this paragraph, the term `combined heat and power 
     system property' has the same meaning given such term by 
     section 48(c)(3) (without regard to subparagraphs (A)(iv), 
     (B), and (D) thereof).
       ``(C) Conversion from btu to kwh.--
       ``(i) In general.--For purposes of subparagraph (A), the 
     amount of kilowatt hours of electricity produced in the form 
     of useful thermal energy shall be equal to the quotient of--

       ``(I) the total useful thermal energy produced by the 
     combined heat and power system property within the qualified 
     facility, divided by
       ``(II) the heat rate for such facility.

       ``(ii) Heat rate.--For purposes of this subparagraph, the 
     term `heat rate' means the amount of energy used by the 
     qualified facility to generate 1 kilowatt hour of 
     electricity, expressed as British thermal units per net 
     kilowatt hour generated.
       ``(3) Production attributable to the taxpayer.--In the case 
     of a qualified facility in which more than 1 person has an 
     ownership interest, except to the extent provided in 
     regulations prescribed by the Secretary, production from the 
     facility shall be allocated among such persons in proportion 
     to their respective ownership interests in the gross sales 
     from such facility.
       ``(4) Related persons.--Persons shall be treated as related 
     to each other if such persons would be treated as a single 
     employer under the regulations prescribed under section 
     52(b). In the case of a corporation which is a member of an 
     affiliated group of corporations filing a consolidated 
     return, such corporation shall be treated as selling 
     electricity to an unrelated person if such electricity is 
     sold to such a person by another member of such group.
       ``(5) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(6) Allocation of credit to patrons of agricultural 
     cooperative.--
       ``(A) Election to allocate.--
       ``(i) In general.--In the case of an eligible cooperative 
     organization, any portion of the credit determined under 
     subsection (a) for the taxable year may, at the election of 
     the organization, be apportioned among patrons of the 
     organization on the basis of the amount of business done by 
     the patrons during the taxable year.
       ``(ii) Form and effect of election.--An election under 
     clause (i) for any taxable year shall be made on a timely 
     filed return for such year. Such election, once made, shall 
     be irrevocable for such taxable year. Such election shall not 
     take effect unless the organization designates the 
     apportionment as such in a written notice mailed to its 
     patrons during the payment period described in section 
     1382(d).
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to any patrons under subparagraph 
     (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) with respect to the organization for the 
     taxable year, and
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the first taxable year of each patron 
     ending on or after the last day of the payment period (as 
     defined in section 1382(d)) for the taxable year of the 
     organization or, if earlier, for the taxable year of each 
     patron ending on or after the date on which the patron 
     receives notice from the cooperative of the apportionment.
       ``(C) Special rules for decrease in credits for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a) for a taxable 
     year is less than the amount of such credit shown on the 
     return of the cooperative organization for such year, an 
     amount equal to the excess of--
       ``(i) such reduction, over
       ``(ii) the amount not apportioned to such patrons under 
     subparagraph (A) for the taxable year,

     shall be treated as an increase in tax imposed by this 
     chapter on the organization. Such increase shall not be 
     treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter.
       ``(D) Eligible cooperative defined.--For purposes of this 
     section, the term `eligible cooperative' means a cooperative 
     organization described in section 1381(a) which is owned more 
     than 50 percent by agricultural producers or by entities 
     owned by agricultural producers. For this purpose an entity 
     owned by an agricultural producer is one that is more than 50 
     percent owned by agricultural producers.''.
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended--
       (A) in paragraph (35), by striking ``plus'' at the end,
       (B) in paragraph (36), by striking the period at the end 
     and inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(37) the clean energy production credit determined under 
     section 45S(a).''.
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 45S. Clean energy production credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to facilities placed in service after December 
     31, 2017.

     SEC. 6012. CLEAN ENERGY INVESTMENT CREDIT.

       (a) Business Credit.--
       (1) In general.--Subpart E of part IV of subchapter A of 
     chapter 1 is amended by inserting after section 48D the 
     following new section:

     ``SEC. 48E. CLEAN ENERGY INVESTMENT CREDIT.

       ``(a) Investment Credit for Qualified Property.--
       ``(1) In general.--For purposes of section 46, the clean 
     energy investment credit for any taxable year is an amount 
     equal to the sum of--
       ``(A) the clean energy percentage of the qualified 
     investment for such taxable year with respect to any 
     qualified facility, plus
       ``(B) 30 percent of the qualified investment for such 
     taxable year with respect to qualified carbon capture and 
     sequestration equipment, plus
       ``(C) 30 percent of the qualified investment for such 
     taxable year with respect to energy storage property.
       ``(2) Clean energy percentage.--
       ``(A) In general.--
       ``(i) Maximum percentage.--Except as provided in clause 
     (ii), the clean energy percentage is 30 percent.
       ``(ii) Reduction of percentage based on greenhouse gas 
     emissions rate.--The clean energy percentage shall be reduced 
     (but not below zero) by an amount which bears the same ratio 
     to 30 percent as the anticipated greenhouse gas emissions 
     rate for the qualified facility bears to 372 grams of 
     CO2e per KWh.
       ``(B) Rounding.--If any amount determined under 
     subparagraph (A)(ii) is not a multiple of 1 percent, such 
     amount shall be rounded to the nearest multiple of 1 percent.
       ``(3) Coordination with rehabilitation credit.--The clean 
     energy percentage shall not apply to that portion of the 
     basis of any property which is attributable to qualified 
     rehabilitation expenditures (as defined in section 47(c)(2)).
       ``(b) Qualified Investment With Respect to Any Qualified 
     Facility.--
       ``(1) In general.--For purposes of subsection (a)(1)(A), 
     the qualified investment with respect to any qualified 
     facility for any taxable year is the basis of any qualified 
     property placed in service by the taxpayer during such 
     taxable year which is part of a qualified facility.
       ``(2) Qualified property.--The term `qualified property' 
     means property--
       ``(A) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualified facility,
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable,
       ``(C) which is constructed, reconstructed, erected, or 
     acquired by the taxpayer, and
       ``(D) the original use of which commences with the 
     taxpayer.
       ``(3) Qualified facility.--The term `qualified facility' 
     has the same meaning given such term by section 45S(e)(3) 
     (without regard to subparagraphs (B) and (D) thereof). Such 
     term shall not include any facility for which a renewable 
     electricity production credit under section 45 or an energy 
     credit determined under section 48 is allowed under section 
     38 for the taxable year or any prior taxable year.
       ``(c) Qualified Investment With Respect to Qualified Carbon 
     Capture and Sequestration Equipment.--
       ``(1) In general.--For purposes of subsection (a)(1)(B), 
     the qualified investment with respect to qualified carbon 
     capture and sequestration equipment for any taxable year is 
     the basis of any qualified carbon capture and sequestration 
     equipment placed in service by the taxpayer during such 
     taxable year.
       ``(2) Qualified carbon capture and sequestration 
     equipment.--The term `qualified carbon capture and 
     sequestration equipment' means property--
       ``(A) installed in a facility placed in service before 
     January 1, 2018, which produces electricity,
       ``(B) which results in at least a 50 percent reduction in 
     the carbon dioxide emissions rate at the facility, as 
     compared to such rate before installation of such equipment, 
     through the capture and disposal of qualified carbon dioxide 
     (as defined in paragraph (3)(A)),
       ``(C) with respect to which depreciation is allowable,
       ``(D) which is constructed, reconstructed, erected, or 
     acquired by the taxpayer, and
       ``(E) the original use of which commences with the 
     taxpayer.
       ``(3) Qualified carbon dioxide.--

[[Page S598]]

       ``(A) In general.--The term `qualified carbon dioxide' 
     means carbon dioxide captured from an industrial source 
     which--
       ``(i) would otherwise be released into the atmosphere as 
     industrial emission of greenhouse gas,
       ``(ii) is measured at the source of capture and verified at 
     the point of disposal or injection,
       ``(iii) is disposed of by the taxpayer in secure geological 
     storage, and
       ``(iv) is captured and disposed of within the United States 
     (within the meaning of section 638(1)) or a possession of the 
     United States (within the meaning of section 638(2)).
       ``(B) Secure geological storage.--The term `secure 
     geological storage' has the same meaning given to such term 
     under section 45Q(d)(2).
       ``(d) Qualified Investment With Respect to Energy Storage 
     Property.--
       ``(1) In general.--For purposes of subsection (a)(1)(C), 
     the qualified investment with respect to energy storage 
     property for any taxable year is the basis of any energy 
     storage property placed in service by the taxpayer during 
     such taxable year.
       ``(2) Energy storage property.--The term `energy storage 
     property' means property--
       ``(A) installed at or near a facility which produces 
     electricity,
       ``(B) which receives, stores, and delivers electricity or 
     energy for conversion to electricity which is sold by the 
     taxpayer to an unrelated person (or, in the case of a 
     facility which is equipped with a metering device which is 
     owned and operated by an unrelated person, sold or consumed 
     by the taxpayer), which may include--
       ``(i) hydroelectric pumped storage,
       ``(ii) compressed air energy storage,
       ``(iii) regenerative fuel cells,
       ``(iv) batteries,
       ``(v) superconducting magnetic energy storage,
       ``(vi) thermal energy storage systems,
       ``(vii) fuel cells (as defined in section 48(c)(1)),
       ``(viii) any other relevant technology identified by the 
     Secretary (in consultation with the Secretary of Energy), and
       ``(ix) any combination of the properties described in 
     clauses (i) through (viii),
       ``(C) with respect to which depreciation is allowable,
       ``(D) which is constructed, reconstructed, erected, or 
     acquired by the taxpayer,
       ``(E) the original use of which commences with the 
     taxpayer, and
       ``(F) which is placed in service after December 31, 2017.
       ``(e) Greenhouse Gas Emissions Rate.--
       ``(1) In general.--For purposes of this section, the term 
     `greenhouse gas emissions rate' has the same meaning given 
     such term under subsection (b) of section 45S.
       ``(2) Establishment of safe harbor for qualified 
     property.--
       ``(A) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall, 
     by regulation, establish safe-harbor greenhouse gas emissions 
     rates for types or categories of qualified property which are 
     part of a qualified facility, which a taxpayer may elect to 
     use for purposes of this section.
       ``(B) Rounding.--In establishing the safe-harbor greenhouse 
     gas emissions rates for qualified property, the Secretary may 
     round such rates to the nearest multiple of 37.2 grams of 
     CO2e per KWh (or, in the case of a greenhouse gas 
     emissions rate which is less than 18.6 grams of 
     CO2e per KWh, by rounding such rate to zero).
       ``(f) Certain Progress Expenditure Rules Made Applicable.--
     Rules similar to the rules of subsection (c)(4) and (d) of 
     section 46 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of subsection (a).
       ``(g) Credit Phase-out.--
       ``(1) In general.--Subject to paragraph (3), if the 
     Secretary, in consultation with the Secretary of Energy and 
     the Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     electrical production in the United States are equal to or 
     less than 72 percent of the annual greenhouse gas emissions 
     from electrical production in the United States for calendar 
     year 2005, the amount of the clean energy investment credit 
     under subsection (a) for any qualified facility, qualified 
     carbon capture and sequestration equipment, or energy storage 
     property placed in service during a calendar year described 
     in paragraph (2) shall be equal to the product of--
       ``(A) the amount of the credit determined under subsection 
     (a) without regard to this subsection, multiplied by
       ``(B) the phase-out percentage under paragraph (2).
       ``(2) Phase-out percentage.--The phase-out percentage under 
     this paragraph is equal to--
       ``(A) for a facility or property placed in service during 
     the first calendar year following the calendar year in which 
     the determination described in paragraph (1) is made, 75 
     percent,
       ``(B) for a facility or property placed in service during 
     the second calendar year following such determination year, 
     50 percent,
       ``(C) for a facility or property placed in service during 
     the third calendar year following such determination year, 25 
     percent, and
       ``(D) for a facility or property placed in service during 
     any calendar year subsequent to the year described in 
     subparagraph (C), 0 percent.
       ``(3) Deadline to begin phase-out.--If the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     electrical production in the United States for each year 
     before calendar year 2026 are greater than the percentage 
     specified in paragraph (1), then the determination described 
     in such paragraph shall be deemed to have been made for 
     calendar year 2025.
       ``(h) Definitions.--In this section:
       ``(1) CO2e per kwh.--The term `CO2e 
     per KWh' has the same meaning given such term under section 
     45S(e)(1).
       ``(2) Greenhouse gas.--The term `greenhouse gas' has the 
     same meaning given such term under section 45S(e)(2).
       ``(i) Recapture of Credit.--For purposes of section 50, if 
     the Administrator of the Environmental Protection Agency 
     determines that--
       ``(1) the greenhouse gas emissions rate for a qualified 
     facility is significantly higher than the anticipated 
     greenhouse gas emissions rate claimed by the taxpayer for 
     purposes of the clean energy investment credit under this 
     section, or
       ``(2) with respect to any qualified carbon capture and 
     sequestration equipment installed in a facility, the carbon 
     dioxide emissions from such facility cease to be captured or 
     disposed of in a manner consistent with the requirements of 
     subsection (c),
     the facility or equipment shall cease to be investment credit 
     property in the taxable year in which the determination is 
     made.
       ``(j) Final Guidance.--Not later than January 1, 2017, the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall issue final guidance 
     regarding implementation of this section, including 
     calculation of greenhouse gas emission rates for qualified 
     facilities and determination of clean energy investment 
     credits under this section.''.
       (2) Conforming amendments.--
       (A) Section 46 is amended by inserting a comma at the end 
     of paragraph (4), by striking ``and'' at the end of paragraph 
     (5), by striking the period at the end of paragraph (6) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(7) the clean energy investment credit.''.
       (B) Section 49(a)(1)(C) is amended by striking ``and'' at 
     the end of clause (v), by striking the period at the end of 
     clause (vi) and inserting a comma, and by adding at the end 
     the following new clauses:
       ``(vii) the basis of any qualified property which is part 
     of a qualified facility under section 48E,
       ``(viii) the basis of any qualified carbon capture and 
     sequestration equipment under section 48E, and
       ``(ix) the basis of any energy storage property under 
     section 48E.''.
       (C) Section 50(a)(2)(E) is amended by inserting ``or 
     48E(e)'' after ``section 48(b)''.
       (D) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 48D the following new item:

``48E. Clean energy investment credit.''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2017, under rules similar to the rules of section 48(m) of 
     the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
       (b) Individual Credit.--
       (1) In general.--Section 25D is amended to read as follows:

     ``SEC. 25D. CLEAN RESIDENTIAL ENERGY CREDIT.

       ``(a) Allowance of Credit.--
       ``(1) In general.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     chapter for the taxable year an amount equal to the sum of--
       ``(A) the clean energy percentage of the expenditures made 
     by the taxpayer for qualified property which is--
       ``(i) installed in a dwelling unit which is located in the 
     United States and used as a residence by the taxpayer, and
       ``(ii) placed in service during such taxable year, plus
       ``(B) 30 percent of the expenditures made by the taxpayer 
     for energy storage property which is--
       ``(i) installed in a dwelling unit which is located in the 
     United States and used as a residence by the taxpayer, and
       ``(ii) placed in service during such taxable year.
       ``(2) Clean energy percentage.--
       ``(A) In general.--
       ``(i) Maximum percentage.--Except as provided in clause 
     (ii), the clean energy percentage is 30 percent.
       ``(ii) Reduction of percentage based on greenhouse gas 
     emissions rate.--The clean energy percentage shall be reduced 
     (but not below zero) by an amount which bears the same ratio 
     to 30 percent as the anticipated greenhouse gas emissions 
     rate for the qualified property bears to 372 grams of 
     CO2e per KWh.
       ``(B) Rounding.--If any amount determined under 
     subparagraph (A)(ii) is not a multiple of 1 percent, such 
     amount shall be rounded to the nearest multiple of 1 percent.
       ``(C) Definitions.--For purposes of this section, the terms 
     `greenhouse gas emissions rate' and `CO2e per KWh' 
     have the same

[[Page S599]]

     meanings given such terms under subsections (b) and (e)(1) of 
     section 45S, respectively.
       ``(3) Establishment of safe harbor for qualified 
     property.--
       ``(A) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall, 
     by regulation, establish safe-harbor greenhouse gas emissions 
     rates for types or categories of qualified property which are 
     installed in a dwelling unit, which a taxpayer may elect to 
     use for purposes of this section.
       ``(B) Rounding.--In establishing the safe-harbor greenhouse 
     gas emissions rates for qualified property, the Secretary may 
     round such rates to the nearest multiple of 37.2 grams of 
     CO2e per KWh (or, in the case of a greenhouse gas 
     emissions rate which is less than 18.6 grams of 
     CO2e per KWh, by rounding such rate to zero).
       ``(b) Qualified Property.--The term `qualified property' 
     means property--
       ``(1) which is tangible personal property,
       ``(2) which is used for the generation of electricity,
       ``(3) which is constructed, reconstructed, erected, or 
     acquired by the taxpayer,
       ``(4) the original use of which commences with the 
     taxpayer, and
       ``(5) which is originally placed in service after December 
     31, 2017.
       ``(c) Energy Storage Property.--The term `energy storage 
     property' means property which receives, stores, and delivers 
     electricity or energy for conversion to electricity which is 
     consumed by the taxpayer, which may include--
       ``(1) batteries,
       ``(2) thermal energy storage systems,
       ``(3) fuel cells,
       ``(4) any other relevant technology identified by the 
     Secretary (in consultation with the Secretary of Energy), and
       ``(5) any combination of the properties described in 
     paragraphs (1) through (4).
       ``(d) Carryforward of Unused Credit.--If the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a) for such taxable year reduced by the sum of 
     the credits allowable under this subpart (other than this 
     section), such excess shall be carried to the succeeding 
     taxable year and added to the credit allowable under 
     subsection (a) for such succeeding taxable year.
       ``(e) Credit Phase-out.--
       ``(1) In general.--Subject to paragraph (3), if the 
     Secretary determines that the annual greenhouse gas emissions 
     from electrical production in the United States are equal to 
     or less than the percentage specified in section 48E(g), the 
     amount of the credit allowable under subsection (a) for any 
     qualified property or energy storage property placed in 
     service during a calendar year described in paragraph (2) 
     shall be equal to the product of--
       ``(A) the amount of the credit determined under subsection 
     (a) without regard to this subsection, multiplied by
       ``(B) the phase-out percentage under paragraph (2).
       ``(2) Phase-out percentage.--The phase-out percentage under 
     this paragraph is equal to--
       ``(A) for property placed in service during the first 
     calendar year following the calendar year in which the 
     determination described in paragraph (1) is made, 75 percent,
       ``(B) for property placed in service during the second 
     calendar year following such determination year, 50 percent,
       ``(C) for property placed in service during the third 
     calendar year following such determination year, 25 percent, 
     and
       ``(D) for property placed in service during any calendar 
     year subsequent to the year described in subparagraph (C), 0 
     percent.
       ``(3) Deadline to begin phase-out.--If the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     electrical production in the United States for each year 
     before calendar year 2026 are greater than the percentage 
     specified in section 48E(g), then the determination described 
     in paragraph (1) shall be deemed to have been made for 
     calendar year 2025.
       ``(f) Special Rules.--For purposes of this section:
       ``(1) Labor costs.--Expenditures for labor costs properly 
     allocable to the onsite preparation, assembly, or original 
     installation of the qualified property or energy storage 
     property and for piping or wiring to interconnect such 
     property to the dwelling unit shall be taken into account for 
     purposes of this section.
       ``(2) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having made his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of any expenditures of such corporation.
       ``(3) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which the individual owns, such individual 
     shall be treated as having made the individual's 
     proportionate share of any expenditures of such association.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of 
     paragraph (1) of section 528(c) (other than subparagraph (E) 
     thereof) with respect to a condominium project substantially 
     all of the units of which are used as residences.
       ``(4) Allocation in certain cases.--If less than 80 percent 
     of the use of a property is for nonbusiness purposes, only 
     that portion of the expenditures for such property which is 
     properly allocable to use for nonbusiness purposes shall be 
     taken into account.
       ``(g) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditures 
     with respect to any property, the increase in the basis of 
     such property which would (but for this subsection) result 
     from such expenditures shall be reduced by the amount of the 
     credit so allowed.
       ``(h) Final Guidance.--Not later than January 1, 2017, the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall issue final guidance 
     regarding implementation of this section, including 
     calculation of greenhouse gas emission rates for qualified 
     property and determination of residential clean energy 
     property credits under this section.''.
       (2) Conforming amendments.--
       (A) Paragraph (1) of section 45(d) is amended by striking 
     ``Such term'' and all that follows through the period and 
     inserting the following: ``Such term shall not include any 
     facility with respect to which any expenditures for qualified 
     property (as defined in subsection (b) of section 25D) which 
     uses wind to produce electricity is taken into account in 
     determining the credit under such section.''.
       (B) Paragraph (34) of section 1016(a) is amended by 
     striking ``section 25D(f)'' and inserting ``section 25D(h)''.
       (C) The item relating to section 25D in the table of 
     contents for subpart A of part IV of subchapter A of chapter 
     1 is amended to read as follows:

``Sec. 25D. Clean residential energy credit.''.
       (3) Effective date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2017.

     SEC. 6013. EXTENSIONS AND MODIFICATIONS OF VARIOUS ENERGY 
                   PROVISIONS.

       (a) Nonbusiness Energy Property.--
       (1) In general.--Paragraph (2) of section 25C(g) is amended 
     by striking ``December 31, 2016'' and inserting ``December 
     31, 2017''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2016.
       (b) Residential Energy Efficient Property.--
       (1) In general.--Subsection (g) of section 25D is amended 
     by striking ``December 31, 2016'' and inserting ``December 
     31, 2017''.
       (2) Elimination of phaseout.--Division P of the 
     Consolidated Appropriations Act, 2016 (Pub. L. 114-113) is 
     amended by striking section 304.
       (c) Alternative Fuel Vehicle Refueling Property Credit.--
       (1) In general.--Paragraph (1) of section 30C(g) is amended 
     by striking ``December 31, 2016'' and inserting ``December 
     31, 2017''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2016.
       (d) 2- and 3-wheeled Plug-in Electric Vehicles.--
       (1) In general.--Clause (ii) of section 30D(g)(E) is 
     amended to read as follows:
       ``(ii) after December 31, 2016, and before January 1, 
     2018.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to vehicles acquired after December 31, 2016.
       (e) Electricity Produced From Certain Renewable 
     Resources.--
       (1) In general.--The following provisions of section 45(d) 
     are each amended by striking ``January 1, 2017'' each place 
     it appears and inserting ``January 1, 2018'':
       (A) Paragraph (2)(A).
       (B) Paragraph (3)(A).
       (C) Paragraph (4)(B).
       (D) Paragraph (6).
       (E) Paragraph (7).
       (F) Paragraph (9).
       (G) Paragraph (11)(B).
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2017.
       (f) Credit for Production From Advanced Nuclear Power 
     Facilities.--Section 45J(d)(1)(B) is amended by striking 
     ``2021'' and inserting ``2018''.
       (g) New Energy Efficient Home Credit.--
       (1) In general.--Subsection (g) of section 45L is amended 
     by striking ``December 31, 2016'' and inserting ``December 
     31, 2017''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to any qualified new energy efficient home 
     acquired after December 31, 2016.
       (h) Repeal of Energy Efficient Appliance Credit.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 of subtitle A is amended by striking section 45M.
       (2) Conforming amendments.--
       (A) Section 38(b) is amended by striking paragraph (24).
       (B) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 of subtitle A is amended by 
     striking the item relating to section 45M.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (i) Credit for Carbon Dioxide Sequestration.--Section 
     45Q(c) is amended--

[[Page S600]]

       (1) in paragraph (2), by striking ``and'' at the end,
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(4) which is placed in service before January 1, 2018.''.
       (j) Elimination of Phaseout of Credits for Wind Facilities 
     and Solar Energy Property.--
       (1) Wind facilities.--
       (A) In general.--Paragraph (1) of section 45(d) is amended 
     by striking ``January 1, 2020'' and inserting ``January 1, 
     2018''.
       (B) Phaseout.--Subsection (b) of section 45 is amended by 
     striking paragraph (5).
       (C) Qualified investment credit facility.--
       (i) In general.--Section 48(a)(5)(C)(ii) is amended by 
     striking ``January 1, 2017'' and all that follows through 
     ``section 45(d))'' and inserting ``January 1, 2018''.
       (ii) Phaseout.--Paragraph (5) of section 48(a) is amended 
     by striking subparagraph (E).
       (D) Effective date.--The amendments made by this paragraph 
     shall take effect on January 1, 2017.
       (2) Solar energy property.--
       (A) In general.--Subclause (II) of section 48(a)(2)(A)(i) 
     is amended by striking ``property the construction of which 
     begins before January 1, 2022'' and inserting ``periods 
     ending before January 1, 2018''.
       (B) Phaseout.--Subsection (a) of section 48 is amended by 
     striking paragraph (6).
       (C) Conforming amendment.--Subparagraph (A) of section 
     48(a)(2) is amended by striking ``Except as provided in 
     paragraph (6), the energy percentage'' and inserting ``The 
     energy percentage''.
       (D) Effective date.--The amendments made by this paragraph 
     shall take effect on January 1, 2017.
       (k) Energy Credit.--
       (1) Solar energy property.--Section 48(a)(3)(A) is 
     amended--
       (A) in clause (i), by inserting ``but only with respect to 
     periods ending before January 1, 2018'' after ``swimming 
     pool,'', and
       (B) in clause (ii), by striking ``January 1, 2017'' and 
     inserting ``January 1, 2018''.
       (2) Geothermal energy property.--Section 48(a)(3)(A)(iii) 
     is amended by inserting ``with respect to periods ending 
     before January 1, 2018, and'' after ``but only''.
       (3) Thermal energy property.--Section 48(a)(3)(A)(vii) is 
     amended by striking ``January 1, 2017'' and inserting 
     ``January 1, 2018''.
       (4) Qualified fuel cell property.--Section 48(c)(1)(D) is 
     amended by striking ``December 31, 2016'' and inserting 
     ``December 31, 2017''.
       (5) Qualified microturbine property.--Section 48(c)(2)(D) 
     is amended by striking ``December 31, 2016'' and inserting 
     ``December 31, 2017''.
       (6) Combined heat and power system property.--Section 
     48(c)(3)(A)(iv) is amended by striking ``January 1, 2017'' 
     and inserting ``January 1, 2018''.
       (7) Qualified small wind energy property.--Section 
     48(c)(4)(C) is amended by striking ``December 31, 2016'' and 
     inserting ``December 31, 2017''.
       (l) Qualifying Advanced Energy Project Credit.--
       (1) In general.--Section 48C is amended--
       (A) by redesignating subsection (e) as subsection (f), and
       (B) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Additional Qualifying Advanced Energy Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary, in 
     consultation with the Secretary of Energy, shall establish an 
     additional qualifying advanced energy project program to 
     consider and award certifications for qualified investments 
     eligible for credits under this section to qualifying 
     advanced energy project sponsors.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program described in subparagraph (A) 
     shall not exceed $5,000,000,000.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require during the 2-
     year period beginning on the date the Secretary establishes 
     the program under paragraph (1).
       ``(B) Time to meet criteria for certification.--Each 
     applicant for certification shall have 1 year from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the 
     requirements of the certification have been met.
       ``(C) Period of issuance.--An applicant which receives a 
     certification shall have 3 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period, then the certification shall no longer be valid.
       ``(3) Selection criteria.--In determining which qualifying 
     advanced energy projects to certify under this section, the 
     Secretary shall consider the same criteria described in 
     subsection (d)(3).
       ``(4) Review and redistribution.--
       ``(A) Review.--Not later than 4 years after the date of 
     enactment of this subsection, the Secretary shall review the 
     credits allocated pursuant to this subsection as of such 
     date.
       ``(B) Redistribution.--The Secretary may reallocate credits 
     awarded under this section if the Secretary determines that--
       ``(i) there is an insufficient quantity of qualifying 
     applications for certification pending at the time of the 
     review, or
       ``(ii) any certification made pursuant to paragraph (2) has 
     been revoked pursuant to paragraph (2)(B) because the project 
     subject to the certification has been delayed as a result of 
     third party opposition or litigation to the proposed project.
       ``(C) Reallocation.--If the Secretary determines that 
     credits under this section are available for reallocation 
     pursuant to the requirements set forth in paragraph (2), the 
     Secretary is authorized to conduct an additional program for 
     applications for certification.
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant and the amount of the 
     credit with respect to such applicant.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
       (m) Energy Efficient Commercial Buildings Deduction.--
       (1) In general.--Subsection (h) of section 179D is amended 
     by striking ``December 31, 2016'' and inserting ``December 
     31, 2017''.
       (2) Effective date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2016.

                   Subtitle B--Clean Fuel Tax Credits

     SEC. 6021. CLEAN FUEL PRODUCTION CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1, as amended by section _01, is amended by adding at 
     the end the following new section:

     ``SEC. 45T. CLEAN FUEL PRODUCTION CREDIT.

       ``(a) Amount of Credit.--
       ``(1) In general.--For purposes of section 38, the clean 
     fuel production credit for any taxable year is an amount 
     equal to the product of--
       ``(A) $1.00 per energy equivalent of a gallon of gasoline 
     with respect to any transportation fuel which is--
       ``(i) produced by the taxpayer at a qualified facility, and
       ``(ii) sold or used by the taxpayer in a manner described 
     in paragraph (2), and
       ``(B) the emissions factor for such fuel (as determined 
     under subsection (b)(2)).
       ``(2) Sale or use.--For purposes of paragraph (1)(A)(ii), 
     the transportation fuel is sold or used in a manner described 
     in this paragraph if such fuel is--
       ``(A) sold by the taxpayer to an unrelated person--
       ``(i) for use by such person in the production of a fuel 
     mixture that will be used as a transportation fuel,
       ``(ii) for use by such person as a transportation fuel in a 
     trade or business, or
       ``(iii) who sells such fuel at retail to another person and 
     places such fuel in the fuel tank of such other person, or
       ``(B) used or sold by the taxpayer for any purpose 
     described in subparagraph (A).
       ``(3) Rounding.--If any amount determined under paragraph 
     (1) is not a multiple of 0.1 cent, such amount shall be 
     rounded to the nearest multiple of 0.1 cent.
       ``(b) Emissions Factors.--
       ``(1) Emissions factor.--
       ``(A) In general.--The emissions factor of a transportation 
     fuel shall be an amount equal to the quotient of--
       ``(i) an amount (not less than zero) equal to--

       ``(I) 77.23, minus
       ``(II) the emissions rate for such fuel, divided by

       ``(ii) 77.23.
       ``(B) Establishment of safe harbor emissions rate.--The 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall establish the safe 
     harbor emissions rate for similar types and categories of 
     transportation fuels based on the amount of lifecycle 
     greenhouse gas emissions (as described in section 
     211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)), 
     as in effect on the date of the enactment of this section) 
     for such fuels, expressed as kilograms of CO2e per 
     mmBTU, which a taxpayer may elect to use for purposes of this 
     section.
       ``(C) Rounding of safe harbor emissions rate.--The 
     Secretary may round the safe harbor emissions rates under 
     subparagraph (B) to the nearest multiple of 7.723 kilograms 
     of CO2e per mmBTU, except that, in the case of an 
     emissions rate that is less than 3.862 kilograms of 
     CO2e per mmBTU, the Secretary may round such rate 
     to zero.
       ``(D) Provisional safe harbor emissions rate.--
       ``(i) In general.--In the case of any transportation fuel 
     for which a safe harbor emissions rate has not been 
     established by the Secretary, a taxpayer producing such fuel 
     may file a petition with the Secretary for determination of 
     the safe harbor emissions rate with respect to such fuel.
       ``(ii) Establishment of provisional and final safe harbor 
     emissions rate.--In the case of a transportation fuel for 
     which a petition described in clause (i) has been filed, the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall--

       ``(I) not later than 12 months after the date on which the 
     petition was filed, provide a

[[Page S601]]

     provisional safe harbor emissions rate for such fuel which a 
     taxpayer may use for purposes of this section, and
       ``(II) not later than 24 months after the date on which the 
     petition was filed, establish the safe harbor emissions rate 
     for such fuel.

       ``(E) Rounding.--If any amount determined under 
     subparagraph (A) is not a multiple of 0.1, such amount shall 
     be rounded to the nearest multiple of 0.1.
       ``(2) Publishing safe harbor emissions rate.--The 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall publish a table that 
     sets forth the safe harbor emissions rate (as established 
     pursuant to paragraph (1)) for similar types and categories 
     of transportation fuels.
       ``(c) Inflation Adjustment.--
       ``(1) In general.--In the case of calendar years beginning 
     after 2018, the $1.00 amount in subsection (a)(1)(A) shall be 
     adjusted by multiplying such amount by the inflation 
     adjustment factor for the calendar year in which the sale or 
     use of the transportation fuel occurs. If any amount as 
     increased under the preceding sentence is not a multiple of 1 
     cent, such amount shall be rounded to the nearest multiple of 
     1 cent.
       ``(2) Inflation adjustment factor.--For purposes of 
     paragraph (1), the inflation adjustment factor shall be the 
     inflation adjustment factor determined and published by the 
     Secretary pursuant to section 45S(c), determined by 
     substituting `calendar year 2017' for `calendar year 1992' in 
     paragraph (3) thereof.
       ``(d) Credit Phase-out.--
       ``(1) In general.--Subject to paragraph (3), if the 
     Secretary, in consultation with the Secretary of Energy and 
     the Administrator of the Environmental Protection Agency, 
     determines that the greenhouse gas emissions from 
     transportation fuel produced and sold at retail annually in 
     the United States are equal to or less than 72 percent of the 
     greenhouse gas emissions from transportation fuel produced 
     and sold at retail in the United States during calendar year 
     2005, the amount of the clean fuel production credit under 
     this section for any qualified facility placed in service 
     during a calendar year described in paragraph (2) shall be 
     equal to the product of--
       ``(A) the amount of the credit determined under subsection 
     (a) without regard to this subsection, multiplied by
       ``(B) the phase-out percentage under paragraph (2).
       ``(2) Phase-out percentage.--The phase-out percentage under 
     this paragraph is equal to--
       ``(A) for a facility placed in service during the first 
     calendar year following the calendar year in which the 
     determination described in paragraph (1) is made, 75 percent,
       ``(B) for a facility placed in service during the second 
     calendar year following such determination year, 50 percent,
       ``(C) for a facility placed in service during the third 
     calendar year following such determination year, 25 percent, 
     and
       ``(D) for a facility placed in service during any calendar 
     year subsequent to the year described in subparagraph (C), 0 
     percent.
       ``(3) Deadline to begin phase-out.--If the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, 
     determines that the greenhouse gas emissions from 
     transportation fuel produced and sold at retail annually in 
     the United States are, for each year before calendar year 
     2026, greater than the percentage specified in paragraph (1), 
     then the determination described in such paragraph shall be 
     deemed to have been made for calendar year 2025.
       ``(e) Definitions.--In this section:
       ``(1) mmBTU.--The term `mmBTU' means 1,000,000 British 
     thermal units.
       ``(2) CO2e.--The term `CO2e' means, 
     with respect to any greenhouse gas, the equivalent carbon 
     dioxide.
       ``(3) Greenhouse gas.--The term `greenhouse gas' has the 
     same meaning given that term under section 211(o)(1)(G) of 
     the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on 
     the date of the enactment of this section.
       ``(4) Qualified facility.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the term `qualified facility' means a facility used for the 
     production of transportation fuels.
       ``(B) 10-year production credit.--For purposes of this 
     section, a facility shall only qualify as a qualified 
     facility--
       ``(i) in the case of a facility that is originally placed 
     in service after December 31, 2017, for the 10-year period 
     beginning on the date such facility is placed in service, or
       ``(ii) in the case of a facility that is originally placed 
     in service before January 1, 2018, for the 10-year period 
     beginning on January 1, 2018.
       ``(5) Transportation fuel.--The term `transportation fuel' 
     means a fuel which is suitable for use as a fuel in a highway 
     vehicle or aircraft.
       ``(f) Final Guidance.--Not later than January 1, 2017, the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall issue final guidance 
     regarding implementation of this section, including 
     calculation of emissions factors for transportation fuel, the 
     table described in subsection (b)(2), and the determination 
     of clean fuel production credits under this section.
       ``(g) Special Rules.--
       ``(1) Only registered production in the united states taken 
     into account.--
       ``(A) In general.--No clean fuel production credit shall be 
     determined under subsection (a) with respect to any 
     transportation fuel unless--
       ``(i) the taxpayer is registered as a producer of clean 
     fuel under section 4101 at the time of production, and
       ``(ii) such fuel is produced in the United States.
       ``(B) United states.--For purposes of this paragraph, the 
     term `United States' includes any possession of the United 
     States.
       ``(2) Production attributable to the taxpayer.--In the case 
     of a facility in which more than 1 person has an ownership 
     interest, except to the extent provided in regulations 
     prescribed by the Secretary, production from the facility 
     shall be allocated among such persons in proportion to their 
     respective ownership interests in the gross sales from such 
     facility.
       ``(3) Related persons.--Persons shall be treated as related 
     to each other if such persons would be treated as a single 
     employer under the regulations prescribed under section 
     52(b). In the case of a corporation which is a member of an 
     affiliated group of corporations filing a consolidated 
     return, such corporation shall be treated as selling fuel to 
     an unrelated person if such fuel is sold to such a person by 
     another member of such group.
       ``(4) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(5) Allocation of credit to patrons of agricultural 
     cooperative.--
       ``(A) Election to allocate.--
       ``(i) In general.--In the case of an eligible cooperative 
     organization, any portion of the credit determined under 
     subsection (a) for the taxable year may, at the election of 
     the organization, be apportioned among patrons of the 
     organization on the basis of the amount of business done by 
     the patrons during the taxable year.
       ``(ii) Form and effect of election.--An election under 
     clause (i) for any taxable year shall be made on a timely 
     filed return for such year. Such election, once made, shall 
     be irrevocable for such taxable year. Such election shall not 
     take effect unless the organization designates the 
     apportionment as such in a written notice mailed to its 
     patrons during the payment period described in section 
     1382(d).
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to any patrons under subparagraph 
     (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) with respect to the organization for the 
     taxable year, and
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the first taxable year of each patron 
     ending on or after the last day of the payment period (as 
     defined in section 1382(d)) for the taxable year of the 
     organization or, if earlier, for the taxable year of each 
     patron ending on or after the date on which the patron 
     receives notice from the cooperative of the apportionment.
       ``(C) Special rules for decrease in credits for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a) for a taxable 
     year is less than the amount of such credit shown on the 
     return of the cooperative organization for such year, an 
     amount equal to the excess of--
       ``(i) such reduction, over
       ``(ii) the amount not apportioned to such patrons under 
     subparagraph (A) for the taxable year,

     shall be treated as an increase in tax imposed by this 
     chapter on the organization. Such increase shall not be 
     treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter.
       ``(D) Eligible cooperative defined.--For purposes of this 
     section the term `eligible cooperative' means a cooperative 
     organization described in section 1381(a) which is owned more 
     than 50 percent by agricultural producers or by entities 
     owned by agricultural producers. For this purpose an entity 
     owned by an agricultural producer is one that is more than 50 
     percent owned by agricultural producers.''.
       (b) Conforming Amendments.--
       (1) Section 38(b), as amended by section _01, is amended--
       (A) in paragraph (36), by striking ``plus'' at the end,
       (B) in paragraph (37), by striking the period at the end 
     and inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(38) the clean fuel production credit determined under 
     section 45T(a).''.
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by section _01, is 
     amended by adding at the end the following new item:

``Sec. 45T. Clean fuel production credit.''.
       (3) Section 4101(a)(1) is amended by inserting ``every 
     person producing a fuel eligible for the clean fuel 
     production credit (pursuant to section 45T),'' after 
     ``section 6426(b)(4)(A)),''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to transportation fuel produced after December 
     31, 2017.

     SEC. 6022. TEMPORARY EXTENSION OF EXISTING FUEL INCENTIVES.

       (a) Second Generation Biofuel Producer Credit.--
       (1) In general.--Section 40(b)(6) is amended--

[[Page S602]]

       (A) in subparagraph (E)(i)--
       (i) in subclause (I), by striking ``and'' at the end,
       (ii) in subclause (II), by striking the period at the end 
     and inserting ``, and'', and
       (iii) by inserting at the end the following new subclause:

       ``(III) qualifies as a transportation fuel (as defined in 
     section 45T(e)(5)).'', and

       (B) in subparagraph (J)(i), by striking ``2017'' and 
     inserting ``2018''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to qualified second generation biofuel production 
     after December 31, 2016.
       (b) Biodiesel and Renewable Diesel Used as Fuel.--
       (1) In general.--Section 40A is amended--
       (A) in subsection (f)(3)(B), by striking ``or D396'', and
       (B) in subsection (g), by striking ``2016'' and inserting 
     ``2017''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to fuel sold or used after December 31, 2016.
       (c) Credit for Biodiesel and Alternative Fuel Mixtures.--
       (1) In general.--Section 6426 is amended--
       (A) in subsection (c)(6), by striking ``2016'' and 
     inserting ``2017'',
       (B) in subsection (d)--
       (i) in paragraph (1), by striking ``motor vehicle'' and 
     inserting ``highway vehicle'',
       (ii) in paragraph (2)(D), by striking ``liquefied'', and
       (iii) in paragraph (5), by striking ``2016'' and inserting 
     ``2017'', and
       (C) in subsection (e), by amending paragraph (3) to read as 
     follows:
       ``(3) Termination.--This subsection shall not apply to any 
     sale or use for any period after--
       ``(A) in the case of any alternative fuel mixture sold or 
     used by the taxpayer for the purposes described in subsection 
     (d)(1), December 31, 2017,
       ``(B) in the case of any sale or use involving hydrogen 
     that is not for the purposes described in subsection (d)(1), 
     December 31, 2017, and
       ``(C) in the case of any sale or use not described in 
     subparagraph (A) or (B), December 31, 2016.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to fuel sold or used after December 31, 2016.
       (d) Biodiesel, Biodiesel Mixtures, and Alternative Fuels.--
       (1) In general.--Section 6427(e)(6) is amended--
       (A) in subparagraph (B), by striking ``2016'' and inserting 
     ``2017'', and
       (B) in subparagraph (C), by striking ``2016'' and inserting 
     ``2017''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to fuel sold or used after December 31, 2016.

                Subtitle C--Energy Efficiency Incentives

     SEC. 6031. CREDIT FOR NEW ENERGY EFFICIENT RESIDENTIAL 
                   BUILDINGS.

       (a) In General.--Section 45L is amended to read as follows:

     ``SEC. 45L. NEW ENERGY EFFICIENT HOME CREDIT.

       ``(a) Allowance of Credit.--For purposes of section 38, in 
     the case of an eligible contractor, the new energy efficient 
     home credit for the taxable year is the applicable amount for 
     each qualified residence which is--
       ``(1) constructed by the eligible contractor, and
       ``(2) acquired by a person from such eligible contractor 
     for use as a residence during the taxable year.
       ``(b) Applicable Amount.--
       ``(1) In general.--For purposes of subsection (a), the 
     applicable amount shall be an amount equal to $1,500 
     increased (but not above $3,000) by $100 for every 5 
     percentage points by which the efficiency ratio for the 
     qualified residence is certified to be greater than 25 
     percent.
       ``(2) Efficiency ratio.--For purposes of this section, the 
     efficiency ratio of a qualified residence shall be equal to 
     the quotient, expressed as a percentage, obtained by 
     dividing--
       ``(A) an amount equal to the difference between--
       ``(i) the annual level of energy consumption of the 
     qualified residence, and
       ``(ii) the annual level of energy consumption of the 
     baseline residence, by
       ``(B) the annual level of energy consumption of the 
     baseline residence.
       ``(3) Baseline residence.--For purposes of this section, 
     the baseline residence shall be a residence which is--
       ``(A) comparable to the qualified residence, and
       ``(B) constructed in accordance with the standards of the 
     2015 International Energy Conservation Code, as such Code 
     (including supplements) is in effect on the date of the 
     enactment of the American Energy Innovation Act.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Eligible contractor.--The term `eligible contractor' 
     means--
       ``(A) the person who constructed the qualified residence, 
     or
       ``(B) in the case of a qualified residence which is a 
     manufactured home, the manufactured home producer of such 
     residence.
       ``(2) Qualified residence.--The term `qualified residence' 
     means a dwelling unit--
       ``(A) located in the United States,
       ``(B) the construction of which is substantially completed 
     after the date of the enactment of this section, and
       ``(C) which is certified to have an annual level of energy 
     consumption that is less than the baseline residence and an 
     efficiency ratio of not less than 25 percent.
       ``(3) Construction.--The term `construction' does not 
     include substantial reconstruction or rehabilitation.
       ``(d) Certification.--
       ``(1) In general.--A certification described in this 
     section shall be made--
       ``(A) in accordance with guidance prescribed by, and
       ``(B) by a third-party that is accredited by a 
     certification program approved by,
     the Secretary, in consultation with the Secretary of Energy. 
     Such guidance shall specify procedures and methods for 
     calculating annual energy consumption levels, and shall 
     include requirements to ensure the safe operation of energy 
     efficiency improvements and that all improvements are 
     installed according to the applicable standards of such 
     certification program.
       ``(2) Computer software.--
       ``(A) In general.--Any calculation under paragraph (1) 
     shall be prepared by qualified computer software.
       ``(B) Qualified computer software.--For purposes of this 
     paragraph, the term `qualified computer software' means 
     software--
       ``(i) for which the software designer has certified that 
     the software meets all procedures and detailed methods for 
     calculating energy consumption levels as required by the 
     Secretary, and
       ``(ii) which provides such forms as required to be filed by 
     the Secretary in connection with energy consumption levels 
     and the credit allowed under this section.
       ``(e) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section in connection with any 
     expenditure for any property (other than a qualified low-
     income building, as described in section 42(c)(2)), the 
     increase in the basis of such property which would (but for 
     this subsection) result from such expenditure shall be 
     reduced by the amount of the credit so determined.
       ``(f) Coordination With Investment Credits.--For purposes 
     of this section, expenditures taken into account under 
     section 25D or 47 shall not be taken into account under this 
     section.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to any qualified residence acquired after 
     December 31, 2017.

     SEC. 6032. ENERGY EFFICIENCY CREDIT FOR EXISTING RESIDENTIAL 
                   BUILDINGS.

       (a) In General.--Section 25C is amended to read as follows:

     ``SEC. 25C. CREDIT FOR ENERGY EFFICIENCY IMPROVEMENTS TO 
                   RESIDENTIAL BUILDINGS.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the 
     lesser of--
       ``(1) the applicable amount for the qualified residence 
     based on energy efficiency improvements made by the taxpayer 
     and placed in service during such taxable year, or
       ``(2) 30 percent of the amount paid or incurred by the 
     taxpayer for energy efficiency improvements made to the 
     qualified residence that were placed in service during such 
     taxable year.
       ``(b) Applicable Amount.--
       ``(1) In general.--For purposes of subsection (a)(1), the 
     applicable amount shall be an amount equal to $1,750 
     increased (but not above $6,500) by $300 for every 5 
     percentage points by which the efficiency ratio for the 
     qualified residence is certified to be greater than 20 
     percent.
       ``(2) Efficiency ratio.--For purposes of this section, the 
     efficiency ratio of a qualified residence shall be equal to 
     the quotient, expressed as a percentage, obtained by 
     dividing--
       ``(A) an amount equal to the difference between--
       ``(i) the projected annual level of energy consumption of 
     the qualified residence after the energy efficiency 
     improvements have been placed in service, and
       ``(ii) the annual level of energy consumption of such 
     qualified residence prior to the energy efficiency 
     improvements being placed in service, by
       ``(B) the annual level of energy consumption described in 
     subparagraph (A)(ii).
       ``(3) Coordination with credit for residential energy 
     efficient property.--For purposes of paragraph (2)(A), the 
     determination of the difference in annual levels of energy 
     consumption of the qualified residence shall not include any 
     reduction in net energy consumption related to qualified 
     property or energy storage property for which a credit was 
     allowed under section 25D.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Qualified residence.--The term `qualified residence' 
     means a dwelling unit--
       ``(A) located in the United States,
       ``(B) owned and used by the taxpayer as the taxpayer's 
     principal residence (within the meaning of section 121), and
       ``(C) which is certified to have--
       ``(i) a projected annual level of energy consumption after 
     the energy efficiency improvements have been placed in 
     service that is less than the annual level of energy 
     consumption prior to the energy efficiency improvements being 
     placed in service, and
       ``(ii) an efficiency ratio of not less than 20 percent.
       ``(2) Energy efficiency improvements.--
       ``(A) In general.--The term `energy efficiency 
     improvements' means any property

[[Page S603]]

     installed on or in a dwelling unit which has been certified 
     to reduce the level of energy consumption for such unit or to 
     provide for onsite generation of electricity or useful 
     thermal energy, provided that--
       ``(i) the original use of such property commences with the 
     taxpayer, and
       ``(ii) such property reasonably can be expected to remain 
     in use for at least 5 years.
       ``(B) Amounts paid or incurred for energy efficiency 
     improvements.--For purposes of subsection (a)(2), the amount 
     paid or incurred by the taxpayer--
       ``(i) shall include expenditures for design and for labor 
     costs properly allocable to the onsite preparation, assembly, 
     or original installation of the property, and
       ``(ii) shall not include any expenditures related to 
     expansion of the building envelope.
       ``(d) Special Rules.--For purposes of this section:
       ``(1) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having made his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of any expenditures for energy efficiency 
     improvements of such corporation.
       ``(2) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which the individual owns, such individual 
     shall be treated as having made the individual's 
     proportionate share of any expenditures for energy efficiency 
     improvements of such association.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of 
     paragraph (1) of section 528(c) (other than subparagraph (E) 
     thereof) with respect to a condominium project substantially 
     all of the units of which are used as residences.
       ``(3) Allocation in certain cases.--If less than 80 percent 
     of the use of a property is for nonbusiness purposes, only 
     that portion of the expenditures for energy efficiency 
     improvements for such property which is properly allocable to 
     use for nonbusiness purposes shall be taken into account.
       ``(e) Certification.--
       ``(1) In general.--A certification described in this 
     section shall be made--
       ``(A) in accordance with guidance prescribed by, and
       ``(B) by a third-party that is accredited by a 
     certification program approved by,
     the Secretary, in consultation with the Secretary of Energy. 
     Such guidance shall specify procedures and methods for 
     calculating annual energy consumption levels, with such 
     calculations to take into account onsite generation of 
     electricity or useful thermal energy, and shall include 
     requirements to ensure the safe operation of energy 
     efficiency improvements and that all improvements are 
     installed according to the applicable standards of such 
     certification program.
       ``(2) Computer software.--
       ``(A) In general.--Any calculation under paragraph (1) 
     shall be prepared by qualified computer software.
       ``(B) Qualified computer software.--For purposes of this 
     paragraph, the term `qualified computer software' has the 
     same meaning given such term under section 45L(d)(2).
       ``(f) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditures 
     with respect to any energy efficiency improvements, the 
     increase in the basis of such property which would (but for 
     this subsection) result from such expenditures shall be 
     reduced by the amount of the credit so allowed.
       ``(g) Coordination With Investment Credits.--For purposes 
     of this section, expenditures taken into account under 
     section 25D or 47 shall not be taken into account under this 
     section.''.
       (b) Conforming Amendment.--The table of sections for 
     subpart A of part IV of subchapter A of chapter 1 is amended 
     by striking the item relating to section 25C and inserting 
     after the item relating to section 25B the following item:

``Sec. 25C. Credit for energy efficiency improvements to residential 
              buildings.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to any energy efficiency improvements placed in 
     service after December 31, 2017.

     SEC. 6033. DEDUCTION FOR NEW ENERGY EFFICIENT COMMERCIAL 
                   BUILDINGS.

       (a) In General.--Section 179D is amended to read as 
     follows:

     ``SEC. 179D. ENERGY EFFICIENT COMMERCIAL BUILDING DEDUCTION.

       ``(a) In General.--There shall be allowed as a deduction an 
     amount equal to the applicable amount for each qualified 
     building placed in service by the taxpayer during the taxable 
     year.
       ``(b) Applicable Amount.--
       ``(1) In general.--For purposes of subsection (a), the 
     applicable amount shall be an amount equal to the product 
     of--
       ``(A) the applicable dollar value, and
       ``(B) the square footage of the qualified building.
       ``(2) Applicable dollar value.--For purposes of paragraph 
     (1)(A), the applicable dollar value shall be an amount equal 
     to $1.00 increased (but not above $4.75) by $0.25 for every 5 
     percentage points by which the efficiency ratio for the 
     qualified building is certified to be greater than 25 
     percent.
       ``(3) Efficiency ratio.--For purposes of this section, the 
     efficiency ratio of a qualified building shall be equal to 
     the quotient, expressed as a percentage, obtained by 
     dividing--
       ``(A) an amount equal to the difference between--
       ``(i) the annual level of energy consumption of the 
     qualified building, and
       ``(ii) the annual level of energy consumption of the 
     baseline building, by
       ``(B) the annual level of energy consumption of the 
     baseline building.
       ``(4) Baseline building.--For purposes of this section, the 
     baseline building shall be a building which--
       ``(A) is comparable to the qualified building, and
       ``(B) meets the minimum requirements of Standard 90.1-2013 
     of the American Society of Heating, Refrigerating, and Air 
     Conditioning Engineers and the Illuminating Engineering 
     Society of North America (as in effect on December 31, 2014).
       ``(c) Qualified Building.--The term `qualified building' 
     means a building--
       ``(1) located in the United States,
       ``(2) which is owned by the taxpayer, and
       ``(3) which is certified to have an annual level of energy 
     consumption that is less than the baseline building and an 
     efficiency ratio of not less than 25 percent.
       ``(d) Allocation of Deduction.--
       ``(1) In general.--In the case of a qualified building 
     owned by an eligible entity, the Secretary shall promulgate 
     regulations to allow the allocation of the deduction to the 
     person primarily responsible for designing the property in 
     lieu of the owner of such property, with such person to be 
     treated as the taxpayer for purposes of this section.
       ``(2) Eligible entity.--For purposes of this subsection, 
     the term `eligible entity' means--
       ``(A) a Federal, State, or local government or a political 
     subdivision thereof,
       ``(B) an Indian tribe (as defined in section 45A(c)(6)), or
       ``(C) an organization described in section 501(c) and 
     exempt from tax under section 501(a).
       ``(e) Basis Adjustment.--For purposes of this subtitle, if 
     a deduction is allowed under this section with respect to any 
     qualified building, the basis of such property shall be 
     reduced by the amount of the deduction so allowed.
       ``(f) Certification.--
       ``(1) In general.--A certification described in this 
     section shall be made--
       ``(A) in accordance with guidance prescribed by, and
       ``(B) by a third-party that is accredited by a 
     certification program approved by,
     the Secretary, in consultation with the Secretary of Energy. 
     Such guidance shall specify procedures and methods for 
     calculating annual energy consumption levels, and shall 
     include requirements to ensure the safe operation of energy 
     efficiency improvements and that all improvements are 
     installed according to the applicable standards of such 
     certification program.
       ``(2) Computer software.--
       ``(A) In general.--Any calculation under paragraph (1) 
     shall be prepared by qualified computer software.
       ``(B) Qualified computer software.--For purposes of this 
     paragraph, the term `qualified computer software' means 
     software--
       ``(i) for which the software designer has certified that 
     the software meets all procedures and detailed methods for 
     calculating energy consumption levels as required by the 
     Secretary, and
       ``(ii) which provides such forms as required to be filed by 
     the Secretary in connection with energy consumption levels 
     and the deduction allowed under this section.''.
       (b) Conforming Amendment.--The table of sections for part 
     VI of subchapter B of chapter 1 is amended by striking the 
     item relating to section 179D and inserting after the item 
     relating to section 179C the following item:

``Sec. 179D. Energy efficient commercial building deduction.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to any qualified building placed in service after 
     December 31, 2017.

     SEC. 6034. ENERGY EFFICIENCY DEDUCTION FOR EXISTING 
                   COMMERCIAL BUILDINGS.

       (a) In General.--Part VI of subchapter B of chapter 1 is 
     amended by inserting after section 179E the following new 
     section:

     ``SEC. 179F. DEDUCTION FOR ENERGY EFFICIENCY IMPROVEMENTS TO 
                   COMMERCIAL BUILDINGS.

       ``(a) In General.--There shall be allowed as a deduction an 
     amount equal to the lesser of--
       ``(1) the applicable amount for the qualified building 
     based on energy efficiency improvements made by the taxpayer 
     and placed in service during the taxable year, or
       ``(2) 30 percent of the amount paid or incurred by the 
     taxpayer for energy efficiency improvements made to the 
     qualified building which were placed in service during the 
     taxable year.
       ``(b) Applicable Amount.--
       ``(1) In general.--For purposes of subsection (a), the 
     applicable amount shall be an amount equal to the product 
     of--
       ``(A) the applicable dollar value, and
       ``(B) the square footage of the qualified building.

[[Page S604]]

       ``(2) Applicable dollar value.--For purposes of paragraph 
     (1), the applicable dollar value shall be an amount equal to 
     $1.25 increased (but not above $9.25) by $0.50 for every 5 
     percentage points by which the efficiency ratio for the 
     qualified building is certified to be greater than 20 
     percent.
       ``(3) Efficiency ratio.--For purposes of this section, the 
     efficiency ratio of a qualified building shall be equal to 
     the quotient, expressed as a percentage, obtained by 
     dividing--
       ``(A) an amount equal to the difference between--
       ``(i) the projected annual level of energy consumption of 
     the qualified building after the energy efficiency 
     improvements have been placed in service, and
       ``(ii) the annual level of energy consumption of such 
     qualified building prior to the energy efficiency 
     improvements being placed in service, by
       ``(B) the annual level of energy consumption described in 
     subparagraph (A)(ii).
       ``(4) Coordination with clean energy investment credit.--
     For purposes of paragraph (3)(A), the determination of the 
     difference in annual levels of energy consumption of the 
     qualified building shall not include any reduction in net 
     energy consumption related to qualified property or energy 
     storage property for which a credit was allowed under section 
     48E.
       ``(c) Definitions.--
       ``(1) Qualified building.--The term `qualified building' 
     means a building--
       ``(A) located in the United States,
       ``(B) which is owned by the taxpayer, and
       ``(C) which is certified to have--
       ``(i) a projected annual level of energy consumption after 
     the energy efficiency improvements have been placed in 
     service that is less than the annual level of energy 
     consumption prior to the energy efficiency improvements being 
     placed in service, and
       ``(ii) an efficiency ratio of not less than 20 percent.
       ``(2) Energy efficiency improvements.--
       ``(A) In general.--The term `energy efficiency 
     improvements' means any property installed on or in a 
     qualified building which has been certified to reduce the 
     level of energy consumption for such building or to increase 
     onsite generation of electricity, provided that depreciation 
     (or amortization in lieu of depreciation) is allowable with 
     respect to such property.
       ``(B) Amounts paid or incurred for energy efficiency 
     improvements.--For purposes of subsection (a)(2), the amount 
     paid or incurred by the taxpayer--
       ``(i) shall include expenditures for design and for labor 
     costs properly allocable to the onsite preparation, assembly, 
     or original installation of the property, and
       ``(ii) shall not include any expenditures related to 
     expansion of the building envelope.
       ``(d) Certification.--
       ``(1) In general.--A certification described in this 
     section shall be made--
       ``(A) in accordance with guidance prescribed by, and
       ``(B) by a third-party that is accredited by a 
     certification program approved by,
     the Secretary, in consultation with the Secretary of Energy. 
     Such guidance shall specify procedures and methods for 
     calculating annual energy consumption levels, with such 
     calculations to take into account onsite generation of 
     electricity or useful thermal energy, and shall include 
     requirements to ensure the safe operation of energy 
     efficiency improvements and that all improvements are 
     installed according to the applicable standards of such 
     certification program.
       ``(2) Computer software.--
       ``(A) In general.--Any calculation under paragraph (1) 
     shall be prepared by qualified computer software.
       ``(B) Qualified computer software.--For purposes of this 
     paragraph, the term `qualified computer software' has the 
     same meaning given such term under section 179D(f)(2).
       ``(e) Allocation of Deduction.--
       ``(1) In general.--In the case of a qualified building 
     owned by an eligible entity, the Secretary shall promulgate 
     regulations to allow the allocation of the deduction to the 
     person primarily responsible for designing the energy 
     efficiency improvements in lieu of the owner of such 
     property, with such person to be treated as the taxpayer for 
     purposes of this section.
       ``(2) Eligible entity.--For purposes of this subsection, 
     the term `eligible entity' has the same meaning given such 
     term under section 179D(d)(2).
       ``(f) Basis Reduction.--For purposes of this subtitle, if a 
     deduction is allowed under this section with respect to any 
     energy efficiency improvements, the basis of such property 
     shall be reduced by the amount of the deduction so allowed.
       ``(g) Coordination With Other Credits.--For purposes of 
     this section, expenditures taken into account under section 
     47 or 48E shall not be taken into account under this 
     section.''.
       (b) Conforming Amendment.--
       (1) Section 263(a) is amended--
       (A) in subparagraph (K), by striking ``or'' at the end,
       (B) in subparagraph (L), by striking the period and 
     inserting ``, or'', and
       (C) by inserting at the end the following new subparagraph:
       ``(M) expenditures for which a deduction is allowed under 
     section 179F.''.
       (2) Section 312(k)(3)(B) is amended--
       (A) in the heading, by striking ``or 179e'' and inserting 
     ``179e, or 179f'', and
       (B) by striking ``or 179E'' and inserting ``179E, or 
     179F''.
       (3) Section 1016(a) is amended--
       (A) in paragraph (36), by striking ``and'' at the end,
       (B) in paragraph (37), by striking the period at the end 
     and inserting ``, and'', and
       (C) by inserting at the end the following new paragraph:
       ``(38) to the extent provided in section 179D(f).''.
       (4) Section 1245(a) is amended--
       (A) in paragraph (2)(C), by inserting ``179F,'' after 
     ``179E,'', and
       (B) in paragraph (3)(C), by inserting ``179F,'' after 
     ``179E,''.
       (5) The table of sections for part VI of subchapter B of 
     chapter 1 is amended by inserting after the item relating to 
     section 179E the following new item:

``Sec. 179F. Deduction for energy efficiency improvements to commercial 
              buildings.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to any energy efficiency improvements placed in 
     service after December 31, 2017.

              Subtitle D--Clean Electricity and Fuel Bonds

     SEC. 6041. CLEAN ENERGY BONDS.

       (a) In General.--Subpart J of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 54BB. CLEAN ENERGY BONDS.

       ``(a) In General.--If a taxpayer holds a clean energy bond 
     on one or more interest payment dates of the bond during any 
     taxable year, there shall be allowed as a credit against the 
     tax imposed by this chapter for the taxable year an amount 
     equal to the sum of the credits determined under subsection 
     (b) with respect to such dates.
       ``(b) Amount of Credit.--The amount of the credit 
     determined under this subsection with respect to any interest 
     payment date for a clean energy bond is 28 percent of the 
     amount of interest payable by the issuer with respect to such 
     date.
       ``(c) Limitation Based on Amount of Tax.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this part 
     (other than subpart C and this subpart).
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year 
     (determined before the application of paragraph (1) for such 
     succeeding taxable year).
       ``(d) Clean Energy Bond.--
       ``(1) In general.--For purposes of this section, the term 
     `clean energy bond' means any bond issued as part of an issue 
     if--
       ``(A) 100 percent of the excess of the available project 
     proceeds (as defined in section 54A(e)(4)) of such issue over 
     the amounts in a reasonably required reserve (within the 
     meaning of section 150(a)(3)) with respect to such issue are 
     to be used for capital expenditures incurred by an entity 
     described in subparagraph (B) for 1 or more qualified 
     facilities,
       ``(B) the bond is issued by--
       ``(i) a governmental body (as defined in paragraph (3) of 
     section 54C(d)),
       ``(ii) a public power provider (as defined in paragraph (2) 
     of such section), or
       ``(iii) a cooperative electric company (as defined in 
     paragraph (4) of such section), and
       ``(C) the issuer makes an irrevocable election to have this 
     section apply.
       ``(2) Applicable rules.--For purposes of applying paragraph 
     (1)--
       ``(A) for purposes of section 149(b), a clean energy bond 
     shall not be treated as federally guaranteed by reason of the 
     credit allowed under subsection (a) or section 6433,
       ``(B) for purposes of section 148, the yield on a clean 
     energy bond shall be determined without regard to the credit 
     allowed under subsection (a), and
       ``(C) a bond shall not be treated as a clean energy bond if 
     the issue price has more than a de minimis amount (determined 
     under rules similar to the rules of section 1273(a)(3)) of 
     premium over the stated principal amount of the bond.
       ``(3) Qualified facility.--The term `qualified facility' 
     means a facility--
       ``(A) which is described in subsection (e)(3) of section 
     45S and has a greenhouse gas emissions rate of less than 186 
     grams of CO2e per KWh (as such terms are defined 
     in subsections (b)(1) and (e)(1) of such section), or
       ``(B) which is described in subsection (e)(4) of section 
     45T and only produces transportation fuel which has an 
     emissions rate of less than 38.62 kilograms of 
     CO2e per mmBTU (as such terms are defined in 
     subsections (b) and (e) of such section).
       ``(e) Interest Payment Date.--For purposes of this section, 
     the term `interest payment date' means any date on which the 
     holder of record of the clean energy bond is entitled to a 
     payment of interest under such bond.
       ``(f) Credit Phase Out.--
       ``(1) Electrical production.--
       ``(A) In general.--Subject to subparagraph (B), in the case 
     of a clean energy bond for

[[Page S605]]

     which the proceeds are used for capital expenditures incurred 
     by an entity for a qualified facility described in subsection 
     (d)(3)(A), if the Secretary, in consultation with the 
     Secretary of Energy and the Administrator of the 
     Environmental Protection Agency, determines that the annual 
     greenhouse gas emissions from electrical production in the 
     United States are equal to or less than the percentage 
     specified in section 45S(d)(1), the amount of the credit 
     determined under subsection (b) with respect to any clean 
     energy bond issued during a calendar year described in 
     paragraph (3) shall be equal to the product of--
       ``(i) the amount determined under subsection (b) without 
     regard to this subsection, multiplied by
       ``(ii) the phase-out percentage under paragraph (3).
       ``(B) Deadline to begin phase-out.--If the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     electrical production in the United States for each year 
     before calendar year 2026 are greater than the percentage 
     specified in section 45S(d)(1), then the determination 
     described in subparagraph (A) shall be deemed to have been 
     made for calendar year 2025.
       ``(2) Fuel production.--
       ``(A) In general.--Subject to subparagraph (B), in the case 
     of a clean energy bond for which the proceeds are used for 
     capital expenditures incurred by an entity for a qualified 
     facility described in subsection (d)(3)(B), if the Secretary, 
     in consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     transportation fuel produced and sold at retail annually in 
     the United States are equal to or less than the percentage 
     specified in section 45T(d)(1), the amount of the credit 
     determined under subsection (b) with respect to any clean 
     energy bond issued during a calendar year described in 
     paragraph (3) shall be equal to the product of--
       ``(i) the amount determined under subsection (b) without 
     regard to this subsection, multiplied by
       ``(ii) the phase-out percentage under paragraph (3).
       ``(B) Deadline to begin phase-out.--If the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     transportation fuel produced and sold at retail annually in 
     the United States for each year before calendar year 2026 are 
     greater than the percentage specified in section 45T(d)(1), 
     then the determination described in subparagraph (A) shall be 
     deemed to have been made for calendar year 2025.
       ``(3) Phase-out percentage.--The phase-out percentage under 
     this paragraph is equal to--
       ``(A) for any bond issued during the first calendar year 
     following the calendar year in which the determination 
     described in paragraph (1)(A) or (2)(A) is made, 75 percent,
       ``(B) for any bond issued during the second calendar year 
     following such determination year, 50 percent,
       ``(C) for any bond issued during the third calendar year 
     following such determination year, 25 percent, and
       ``(D) for any bond issued during any calendar year 
     subsequent to the year described in subparagraph (C), 0 
     percent.
       ``(g) Special Rules.--
       ``(1) Interest on clean energy bonds includible in gross 
     income for federal income tax purposes.--For purposes of this 
     title, interest on any clean energy bond shall be includible 
     in gross income.
       ``(2) Application of certain rules.--Rules similar to the 
     rules of subsections (f), (g), (h), and (i) of section 54A 
     shall apply for purposes of the credit allowed under 
     subsection (a).
       ``(h) Regulations.--The Secretary may prescribe such 
     regulations and other guidance as may be necessary or 
     appropriate to carry out this section and section 6433.''.
       (b) Credit for Qualified Clean Energy Bonds Allowed to 
     Issuer.--Subchapter B of chapter 65 of subtitle F is amended 
     by adding at the end the following new section:

     ``SEC. 6433. CREDIT FOR QUALIFIED CLEAN ENERGY BONDS ALLOWED 
                   TO ISSUER.

       ``(a) In General.--The issuer of a qualified clean energy 
     bond shall be allowed a credit with respect to each interest 
     payment under such bond which shall be payable by the 
     Secretary as provided in subsection (b).
       ``(b) Payment of Credit.--
       ``(1) In general.--The Secretary shall pay 
     (contemporaneously with each interest payment date under such 
     bond) to the issuer of such bond (or to any person who makes 
     such interest payments on behalf of the issuer) 28 percent of 
     the interest payable under such bond on such date.
       ``(2) Interest payment date.--For purposes of this 
     subsection, the term `interest payment date' means each date 
     on which interest is payable by the issuer under the terms of 
     the bond.
       ``(c) Application of Arbitrage Rules.--For purposes of 
     section 148, the yield on a qualified clean energy bond shall 
     be reduced by the credit allowed under this section.
       ``(d) Qualified Clean Energy Bond.--For purposes of this 
     section, the term `qualified clean energy bond' means a clean 
     energy bond (as defined in section 54BB(d)) issued as part of 
     an issue if the issuer, in lieu of any credit allowed under 
     section 54BB(a) with respect to such bond, makes an 
     irrevocable election to have this section apply.''.
       (c) Conforming Amendments.--
       (1) The table of sections for subpart J of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 54BB. Clean energy bonds.''.

       (2) The heading of such subpart (and the item relating to 
     such subpart in the table of subparts for part IV of 
     subchapter A of chapter 1) are each amended by striking 
     ``Build America Bonds''and inserting ``Build America Bonds 
     and Clean Energy Bonds''.
       (3) The table of sections for subchapter B of chapter 65 of 
     subtitle F is amended by adding at the end the following new 
     item:

``Sec. 6433. Credit for qualified clean energy bonds allowed to 
              issuer.''.

       (4) Subparagraph (A) of section 6211(b)(4) is amended by 
     striking ``and 6431'' and inserting ``6431, and 6433''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3239. Mr. THUNE 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 IV, add the following:

     SEC. 42__. NATIONAL SCIENCE AND TECHNOLOGY COUNCIL 
                   COORDINATING SUBCOMMITTEE FOR HIGH-ENERGY 
                   PHYSICS.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the National Science and Technology 
     Council shall establish a subcommittee to coordinate Federal 
     efforts relating to high-energy physics research (referred to 
     in this section as the ``subcommittee'').
       (b) Purposes.--The purposes of the subcommittee are--
       (1) to maximize the efficiency and effectiveness of United 
     States investment in high-energy physics; and
       (2) to support a robust, internationally competitive United 
     States high-energy physics program that includes--
       (A) underground science and engineering research; and
       (B) physical infrastructure.
       (c) Co-chairs.--The Director of the National Science 
     Foundation and the Secretary shall serve as co-chairs of the 
     subcommittee.
       (d) Responsibilities.--The responsibilities of the 
     subcommittee shall be--
       (1) to provide recommendations on planning for construction 
     and stewardship of large facilities participating in high-
     energy physics;
       (2) to provide recommendations on research coordination and 
     collaboration among the programs and activities of Federal 
     agencies;
       (3) to establish goals and priorities for high-energy 
     physics, underground science, and research and development 
     that will strengthen United States competitiveness in high-
     energy physics;
       (4) to propose methods for engagement with international, 
     Federal, and State agencies and Federal laboratories not 
     represented on the subcommittee to identify and reduce 
     regulatory, logistical, and fiscal barriers that inhibit 
     United States leadership in high-energy physics and related 
     underground science; and
       (5) to develop, and update once every 5 years, a strategic 
     plan to guide Federal programs and activities in support of 
     high-energy physics research.
       (e) Annual Report.--Annually, the subcommittee shall update 
     Congress regarding--
       (1) efforts taken in support of the strategic plan 
     described in subsection (d)(5);
       (2) an evaluation of the needs for maintaining United 
     States leadership in high-energy physics; and
       (3) identification of priorities in the area of high-energy 
     physics.
       (f) Sunset.--The subcommittee shall terminate on the date 
     that is 10 years after the date of enactment of this Act.
                                 ______
                                 
  SA 3240. Mr. LEAHY 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. ____. DISALLOWANCE OF DEDUCTION FOR PUNITIVE DAMAGES.

       (a) Disallowance of Deduction.--
       (1) In general.--Section 162(g) of the Internal Revenue 
     Code of 1986 is amended--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively,
       (B) by striking ``If'' and inserting:
       ``(1) Treble damages.--If'', and
       (C) by adding at the end the following new paragraph:
       ``(2) Punitive damages.--No deduction shall be allowed 
     under this chapter for any

[[Page S606]]

     amount paid or incurred for punitive damages in connection 
     with any judgment in, or settlement of, any action.''.
       (2) Conforming amendment.--The heading for section 162(g) 
     of such Code is amended by inserting ``or Punitive Damages'' 
     after ``Laws''.
       (b) Inclusion in Income of Punitive Damages Paid by Insurer 
     or Otherwise.--
       (1) In general.--Part II of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new section:

     ``SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR 
                   OTHERWISE.

       ``Gross income shall include any amount paid to or on 
     behalf of a taxpayer as insurance or otherwise by reason of 
     the taxpayer's liability (or agreement) to pay punitive 
     damages.''.
       (2) Reporting requirements.--Section 6041 of such Code is 
     amended by adding at the end the following new subsection:
       ``(h) Section To Apply to Punitive Damages Compensation.--
     This section shall apply to payments by a person to or on 
     behalf of another person as insurance or otherwise by reason 
     of the other person's liability (or agreement) to pay 
     punitive damages.''.
       (3) Conforming amendment.--The table of sections for part 
     II of subchapter B of chapter 1 of such Code is amended by 
     adding at the end the following new item:

``Sec. 91. Punitive damages compensated by insurance or otherwise.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to damages paid or incurred on or after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 3241. Ms. CANTWELL 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 appropriate place, add the following:
       Sec. __. Notwithstanding any other provisions of this Act, 
     sections 2303, 3009 and 3017 shall have no force or effect.
                                 ______
                                 
  SA 3242. Ms. CANTWELL 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 appropriate place, add the following:
       Sec. __. Notwithstanding any other provisions of this Act, 
     sections 1004, 2303, 3009 and 3017 shall have no force or 
     effect.
                                 ______
                                 
  SA 3243. 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 of subtitle E of title III, add the following:

     SEC. 34___. FEDERAL COAL LEASING PROGRAM.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Federal coal leasing program should be reviewed--
       (A) to ensure that taxpayers receive a fair rate of return 
     for Federal minerals;
       (B) to provide appropriate transparency; and
       (C) to ensure that management of Federal land and minerals 
     is in the public interest;
       (2) the responsible development of coal resources on 
     Federal land provides an important source of jobs and revenue 
     for States and local economies; and
       (3) the review under paragraph (1) should be completed as 
     soon as practicable after the date of enactment of this Act.
       (b) Royalty Policy Committee.--
       (1) In general.--To ensure consultation with key State, 
     tribal, environmental, energy and Federal stakeholders, not 
     later than 180 days after the date of enactment of this Act, 
     the Secretary of the Interior shall reestablish the Royalty 
     Policy Committee (referred to in this subsection as the 
     ``Committee'') in accordance with the charter of the 
     Secretary of the Interior, dated March 26, 2010, as modified 
     by this subsection.
       (2) Duties.--The Committee shall--
       (A) provide advice to the Secretary of the Interior, acting 
     through the Director of the Office of Natural Resource 
     Revenue, on the management of Federal and Indian mineral 
     leases and revenues under the law governing the Department of 
     the Interior;
       (B) review and comment on revenue management and other 
     mineral and energy-related policies; and
       (C) provide a forum to convey views representative of 
     mineral lessees, operators, revenue payers, revenue 
     recipients, governmental agencies, and public interest 
     groups.
       (3) Advisory.--The duties of the Committee shall be solely 
     advisory.
       (4) Meetings.--The Committee shall meet at least once a 
     year at the request of the Secretary of the Interior.
       (5) Duration.--The charter of the Committee may be renewed 
     in 2-year increments by the Secretary of the Interior.
       (6) Membership.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     of the Interior shall appoint non-Federal members and 
     alternates to the Committee for a term of up to 3 years.
       (B) Terms.--
       (i) In general.--The terms of non-Federal Committee members 
     and alternates shall be staggered to preserve the integrity 
     of the Committee.
       (ii) Terms.--Except as provided in clause (iii), the terms 
     of new or reappointed non-Federal members of the Committee 
     shall be 3 years.
       (iii) Shorter terms.--If a term of 3 years would result in 
     more than \1/3\ of the terms of the non-Federal members 
     expiring in any year, appointments of non-Federal members may 
     be extended for 1-year or 2-terms to provide continuity of 
     the Committee.
       (iv) Maximum number of years.--

       (I) In general.--Subject to subclause (II), non-Federal 
     members may not serve more than 6 consecutive years as a 
     member of the Committee.
       (II) Reappointment.--After a 2-year break in service, any 
     non-Federal member who have served 6 consecutive years shall 
     be eligible for reappointment to the Committee.

       (C) Meetings.--The Secretary of the Interior may revoke the 
     appointment of a member of the Committee and the alternate if 
     the appointed member or alternate fails to attend 2 or more 
     consecutive meetings of the Committee.
       (D) Balanced representation.--Committee members shall be 
     comprised of non-Federal and Federal members in order to 
     ensure fair and balanced representation with consideration 
     for the efficiency and fiscal economy of the Committee.
       (E) Discretionary service.--All members of the Committee 
     shall serve at the discretion of the Secretary of the 
     Interior.
       (F) Non-federal members.--In appointing non-Federal members 
     of the Committee, the Secretary of the Interior shall appoint 
     up to--
       (i) 5 members who represent States that receive over 
     $10,000,000 annually in royalty revenues from Federal leases;
       (ii) 5 members who represent Indian tribes;
       (iii) 5 members who represent various mineral or energy 
     interests; and
       (iv) 5 members who represent public interest groups.
       (G) Federal members.--The following officials, or their 
     designees, shall be nonvoting, ex-officio members of the 
     Committee:
       (i) The Assistant Secretary of Indian Affairs
       (ii) The Director of the Bureau of Land Management.
       (iii) The Director of the Office of Natural Resources 
     Revenue.
       (7) Subcommittees.--
       (A) In general.--Subject to the approval of the Secretary 
     of the Interior and subparagraph (B), subcommittees or 
     workgroups of the Committee may be formed for the purposes of 
     compiling information or conducting research.
       (B) Administration.--Subcommittees or workgroups of the 
     Committee shall--
       (i) act only under the direction of the Committee; and
       (ii) report their recommendations to the full Committee for 
     consideration.
       (C) Appointment.--The Committee Chair, with the approval of 
     the Secretary of the Interior, shall appoint subcommittee or 
     workgroup members.
       (D) Meetings.--Subcommittees and workgroups of the 
     Committee shall meet as necessary to accomplish assignments, 
     subject to the approval of the Secretary of the Interior and 
     the availability of resources.
       (c) Emergency Leasing.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     amend section 3425.1-4 of title 43, Code of Federal 
     Regulations and Secretarial Order 3338, dated January 15, 
     2016, to authorize earlier emergency leasing than is 
     authorized under section 3425.1-4 of title 43, Code of 
     Federal Regulations (as of the date of enactment of this 
     Act).
       (2) Administration.--In carrying out paragraph (1), the 
     Secretary shall substitute ``4 years'' for ``3 years'' each 
     place it appears in section 3425.1-4 of title 43, Code of 
     Federal Regulations for the duration of the programmatic 
     review of the Federal coal program and the limitations on the 
     issuance of Federal coal leases described in Secretarial 
     Order 3338.
                                 ______
                                 
  SA 3244. Mr. MARKEY (for himself and Mr. Menendez) 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. ____. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF 
                   REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 
                   2002-2007 PLANNING AREAS OF GULF OF MEXICO.

       Section 105 of the Gulf of Mexico Energy Security Act of 
     2006 (43 U.S.C. 1331 note) is amended to read as follows:

[[Page S607]]

  


     ``SEC. 105. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF 
                   REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 
                   2002-2007 PLANNING AREAS OF GULF OF MEXICO.

       ``Notwithstanding section 9 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1338) and subject to the other 
     provisions of this section, for each applicable fiscal year, 
     the Secretary of the Treasury shall deposit--
       ``(1) 87.5 percent of qualified outer Continental Shelf 
     revenues in the general fund of the Treasury, to be used for 
     Federal budget deficit reduction or, if there is no Federal 
     budget deficit, for reducing the Federal debt in such manner 
     as the Secretary of the Treasury considers appropriate; and
       ``(2) 12.5 percent of qualified outer Continental Shelf 
     revenues in a special account in the Land and Water 
     Conservation Fund established under section 200302 of title 
     54, United States Code, from which the Secretary shall 
     disburse, without further appropriation, 100 percent to 
     provide financial assistance to States in accordance with 
     section 200305 of that title, which shall be considered 
     income to the Land and Water Conservation Fund for purposes 
     of section 200302 of that title.''.
                                 ______
                                 
  SA 3245. 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 end, add the following:

     SEC. __. SEAWARD BOUNDARIES.

       (a) In General.--Section 4 of the Submerged Lands Act (43 
     U.S.C. 1312) is amended--
       (1) in the first sentence, by striking ``The'' and 
     inserting the following:
       ``(a) General Rule.--
       ``(1) In general.--Except for the States described in 
     subsection (b), the'';
       (2) in the second sentence, by striking ``Any State'' and 
     inserting the following:
       ``(2) Extensions.--Any State'';
       (3) in the third sentence, by striking ``Any claim'' and 
     inserting the following:
       ``(3) Claims.--Any claim'';
       (4) in the fourth sentence, by striking ``Nothing'' and 
     inserting the following:
       ``(4) Prior approval.--Nothing''; and
       (5) by adding at the end the following:
       ``(b) Seaward Boundaries of Certain Coastal States.--
     Subject to subsection (a), for management activities pursuant 
     to the fishery management plan for the reef fish resources of 
     the Gulf of Mexico or any amendment to such plan, the seaward 
     boundary of each of the following States shall be a line 3 
     marine leagues distant from the coast line of the State as of 
     the date that is 1 day before the date of enactment of this 
     subsection:
       ``(1) Alabama.
       ``(2) Florida.
       ``(3) Louisiana.
       ``(4) Mississippi.''.
       (b) Conforming Amendments.--Section 2 of the Submerged 
     Lands Act (43 U.S.C. 1301) is amended--
       (1) in subsection (a)(2), by inserting ``, or 3 marine 
     leagues distant from the coast line of a State described in 
     section 4(b),'' after ``the coast line of each such State''; 
     and
       (2) in subsection (b)--
       (A) by striking ``from the coast line'';
       (B) by inserting ``from the coast line of a State, or more 
     than 3 marine leagues from the coast line of a State 
     described in section 4(b),'' after ``three geographical 
     miles''; and
       (C) by inserting ``from the coast line of a State, or more 
     than 3 marine leagues from the coast line of a State 
     described in section 4(b),'' after ``three marine leagues''.
                                 ______
                                 
  SA 3246. Mr. ENZI (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, add the following:

           TITLE VI--NATIONAL FOREST SYSTEM TRAIL MAINTENANCE

     SEC. 6001. DEFINITIONS.

       In this title:
       (1) Administrative unit.--The term ``Administrative Unit'' 
     means a national forest or national grassland.
       (2) Outfitter or guide.--The term ``outfitter or guide'' 
     means an individual, organization, or business who provides 
     outfitting or guiding services, as defined in section 251.51 
     of title 36, Code of Federal Regulations.
       (3) Partner.--The term ``partner'' means a non-Federal 
     entity that engages in a partnership.
       (4) Partnership.--The term ``partnership'' means 
     arrangements between the Department of Agriculture or the 
     Forest Service and a non-Federal entity that are voluntary, 
     mutually beneficial, and entered into for the purpose of 
     mutually agreed upon objectives.
       (5) Priority area.--The term ``priority area'' means a 
     well-defined region on National Forest System land selected 
     by the Secretary under section 6003(a).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (7) Strategy.--The term ``strategy'' means the National 
     Forest System Trails Volunteer and Partnership Strategy 
     authorized by section 6002(a).
       (8) Trail maintenance.--The term ``trail maintenance'' 
     means any activity to maintain the usability and 
     sustainability of trails within the National Forest System, 
     including--
       (A) ensuring trails are passable by the users for which 
     they are managed;
       (B) preventing environmental damage resulting from trail 
     deterioration;
       (C) protecting public safety; and
       (D) averting future deferred maintenance costs.
       (9) Volunteer.--The term ``volunteer'' means an individual 
     whose services are accepted by the Secretary without 
     compensation under the Volunteers in the National Forests Act 
     of 1972 (16 U.S.C. 558a et seq.).

     SEC. 6002. NATIONAL FOREST SYSTEM TRAILS VOLUNTEER AND 
                   PARTNERSHIP STRATEGY.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Federal Register a strategy to significantly increase the 
     role of volunteers and partners in trail maintenance.
       (b) Required Elements.--The strategy required by subsection 
     (a) shall--
       (1) augment and support the capabilities of Federal 
     employees to carry out or contribute to trail maintenance;
       (2) provide meaningful opportunities for volunteers and 
     partners to carry out trail maintenance in each region of the 
     Forest Service;
       (3) address the barriers to increased volunteerism and 
     partnerships in trail maintenance identified by volunteers, 
     partners, and others;
       (4) prioritize increased volunteerism and partnerships in 
     trail maintenance in those regions with the most severe trail 
     maintenance needs, and where trail maintenance backlogs are 
     jeopardizing access to National Forest lands; and
       (5) aim to increase trail maintenance by volunteers and 
     partners by 100 percent by the date that is 5 years after the 
     date of the enactment of this Act.
       (c) Additional Requirement.--As a component of the 
     strategy, the Secretary shall study opportunities to improve 
     trail maintenance by addressing opportunities to use fire 
     crews in trail maintenance activities in a manner that does 
     not jeopardize firefighting capabilities, public safety, or 
     resource protection. Upon a determination that trail 
     maintenance would be advanced by use of fire crews in trail 
     maintenance, the Secretary shall incorporate these proposals 
     into the strategy, subject to such terms and conditions as 
     the Secretary determines to be necessary.
       (d) Volunteer Liability.--
       (1) In general.--Section 3 of the Volunteers in the 
     National Forests Act of 1972 (16 U.S.C. 558c) is amended by 
     adding at the end the following new subsection:
       ``(e) For the purposes of subsections (b), (c), and (d), 
     the term `volunteer' includes a person providing volunteer 
     services to the Secretary who--
       ``(1) is recruited, trained, and supported by a cooperator 
     under a mutual benefit agreement with the Secretary; and
       ``(2) performs such volunteer services under the 
     supervision of the cooperator as directed by the Secretary in 
     the mutual benefit agreement, including direction that 
     specifies--
       ``(A) the volunteer services to be performed by the 
     volunteers and the supervision to be provided by the 
     cooperator;
       ``(B) the applicable project safety standards and protocols 
     to be adhered to by the volunteers and enforced by the 
     cooperator; and
       ``(C) the on-site visits to be made by the Secretary, when 
     feasible, to verify that volunteers are performing the 
     volunteer services and the cooperator is providing the 
     supervision agreed upon.''.
       (2) Additional requirement.--Not later than 2 years after 
     the date of the enactment of this Act, the Secretary shall 
     adopt regulations implementing this section. These 
     regulations shall ensure that the financial risk from claims 
     or liability associated with volunteers undertaking trail 
     maintenance is shared by all administrative units.
       (e) Consultation.--The Secretary shall develop the strategy 
     in consultation with volunteer and partner trail maintenance 
     organizations, a broad array of outdoor recreation 
     stakeholders, and other relevant stakeholders.
       (f) Volunteer and Partnership Coordination.--The Secretary 
     shall require each administrative unit to develop a volunteer 
     and partner coordination implementation plan for the strategy 
     which clearly defines roles and responsibilities for the 
     administrative unit and district staff, and includes 
     strategies to ensure sufficient coordination, assistance, and 
     support for volunteers and partners to improve trail 
     maintenance.
       (g) Report.--
       (1) Contents.--The Secretary shall prepare a report on--
       (A) the effectiveness of the strategy in addressing the 
     trail maintenance backlog;
       (B) the increase in volunteerism and partnership efforts on 
     trail maintenance as a result of the strategy;
       (C) the miles of National Forest System trails maintained 
     by volunteers and partners, and the approximate value of the 
     volunteer and partnership efforts;

[[Page S608]]

       (D) the status of the stewardship credits for outfitters 
     and guides pilot program described in section 6005 that 
     includes the number of participating sites, total amount of 
     the credits offered, estimated value of trail maintenance 
     performed, and suggestions for revising the program; and
       (E) recommendations for further increasing volunteerism and 
     partnerships in trail maintenance.
       (2) Submission.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit the report 
     required by paragraph (1) to--
       (A) the Committee on Agriculture, Nutrition, and Forestry 
     and the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Agriculture and the Committee on 
     Natural Resources of the House of Representatives.

     SEC. 6003. PRIORITY TRAIL MAINTENANCE PROGRAM.

       (a) Selection.--In accordance with subsections (b) and (c), 
     not later than 6 months after the date of the enactment of 
     this Act, the Secretary of Agriculture shall select no fewer 
     than 9 and no more than 15 priority areas for increased trail 
     maintenance accomplishments.
       (b) Criteria.--Priority areas shall include a well-defined 
     region on National Forest System land where the lack of trail 
     maintenance has--
       (1) reduced access to public land;
       (2) led to an increase, or risk of increase, in harm to 
     natural resources;
       (3) jeopardized public safety;
       (4) resulted in trails being impassible by the intended 
     managed users; or
       (5) increased future deferred trail maintenance costs.
       (c) Requirements.--In selecting priority areas, the 
     Secretary shall--
       (1) consider any public input on priority areas received 
     within 3 months of the date of enactment of this Act;
       (2) consider the range of trail users (including motorized 
     and non-motorized trail users); and
       (3) include at least one priority area in each region of 
     the United States Forest Service.
       (d) Increased Trail Maintenance.--
       (1) In general.--Within 6 months of the selection of 
     priority areas under subsection (a), and in accordance with 
     paragraph (2), the Secretary shall develop an approach to 
     substantially increase trail maintenance accomplishments 
     within each priority area.
       (2) Contents.--In developing the approach under paragraph 
     (1), the Secretary shall--
       (A) consider any public input on trail maintenance 
     priorities and needs within any priority area;
       (B) consider the costs and benefits of increased trail 
     maintenance within each priority area; and
       (C) incorporate partners and volunteers in the trail 
     maintenance.
       (3) Required trail maintenance.--Utilizing the approach 
     developed under paragraph (1), the Secretary shall 
     substantially increase trail maintenance within each priority 
     area.
       (e) Coordination.--The regional volunteer and partnership 
     coordinators may be responsible for assisting partner 
     organizations in developing and implementing volunteer and 
     partnership projects to increase trail maintenance within 
     priority areas.
       (f) Revision.--The Secretary shall periodically review the 
     priority areas to determine whether revisions are necessary 
     and may revise the priority areas, including the selection of 
     new priority areas or removal of existing priority areas, at 
     his sole discretion.

     SEC. 6004. COOPERATIVE AGREEMENTS.

       (a) In General.--The Secretary may enter into a cooperative 
     agreement with any State, tribal, local governmental, and 
     private entity to carry out this title.
       (b) Contents.--Cooperative agreements authorized under this 
     section may--
       (1) improve trail maintenance in a priority area;
       (2) implement the strategy; or
       (3) advance trail maintenance in a manner deemed 
     appropriate by the Secretary.

     SEC. 6005. STEWARDSHIP CREDITS FOR OUTFITTERS AND GUIDES.

       (a) Pilot Program.--Within 1 year after the date of 
     enactment of this Act, in accordance with this section, the 
     Secretary shall establish a pilot program on not less than 20 
     administrative units to offset all or part of the land use 
     fee for an outfitting and guiding permit by the cost of the 
     work performed by the permit holder to construct, improve, or 
     maintain National Forest System trails, trailheads, or 
     developed sites that support public use under terms 
     established by the Secretary.
       (b) Additional Requirements.--In establishing the pilot 
     program authorized by subsection (a), the Secretary shall--
       (1) select administrative units where the pilot program 
     will improve trail maintenance; and
       (2) establish appropriate terms and conditions, including 
     meeting National Quality Standards for Trails and the Trail 
     Management Objectives identified for the trail.
                                 ______
                                 
  SA 3247. Ms. STABENOW (for herself and Mr. Peters) 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 IV, add the following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       Part B of the Safe Drinking Water Act (42 U.S.C. 300g et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1420A. LEAD PREVENTION GRANT PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) City.--The term `City' means the City of Flint, 
     Michigan.
       ``(2) State.--The term `State' means the State of Michigan.
       ``(b) Grant Program.--
       ``(1) Establishment.--Using funds made available under 
     section 4805(a) of the Energy Policy Modernization Act of 
     2016, the Administrator shall make grants to the State and 
     the City for use in accordance with this subsection.
       ``(2) Use of funds.--The use of funds from a grant made 
     under this subsection shall be--
       ``(A) determined by the Administrator, in consultation with 
     the State and the City; and
       ``(B) used only for an activity authorized under paragraph 
     (3).
       ``(3) Authorized activities.--
       ``(A) In general.--The Administrator may authorize the use 
     by the State or the City of funds from a grant under this 
     subsection to carry out any activity that the Administrator 
     determines is necessary to ensure that the drinking water 
     supply of the City does not contain--
       ``(i) lead levels that threaten public health or the 
     environment; or
       ``(ii) lead, other drinking water contaminants, and 
     pathogens that pose a threat to public health.
       ``(B) Inclusions.--Authorized activities under subparagraph 
     (A) may include--
       ``(i) testing, evaluation, and sampling of public and 
     private water service lines in the water distribution system 
     of the City;
       ``(ii) repairs and upgrades to water treatment facilities 
     that serve the City;
       ``(iii) optimization of corrosion control treatment of the 
     public and private water service lines in the water 
     distribution system of the City;
       ``(iv) repairs to water mains and replacement of public and 
     private water service lines in the water distribution system 
     of the City; and
       ``(v) modification or construction of new pipelines and 
     treatment system startup evaluations needed to ensure optimal 
     treatment of water from the Karegnondi Water Authority before 
     and after the transition to this new source.
       ``(4) Matching requirement.--As a condition of the State or 
     the City receiving a grant under this subsection, the 
     Administrator shall require the State to provide funds from 
     non-Federal sources in an amount that is at least equal to 
     the amount provided by the Federal Government.
       ``(5) Relationship to other requirements.--Unless 
     explicitly waived, the requirements of section 1450(e) apply 
     to funding made available under this subsection.
       ``(c) Administration.--The Administrator may use funds made 
     available under section 4805(a) of the Energy Policy 
     Modernization Act of 2016--
       ``(1) for the costs of technical assistance provided by the 
     Environmental Protection Agency or by contractors of the 
     Environmental Protection Agency; and
       ``(2) for administrative activities in support of 
     authorized activities.
       ``(d) Report.--Not later than 45 days after the first day 
     of each of fiscal years 2017, 2018, 2019, 2020, and 2021, the 
     Administrator shall submit to the Committee on Appropriations 
     of the Senate, the Committee on Environment and Public Works 
     of the Senate, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Appropriations of the House of Representatives, the Committee 
     on Energy and Commerce of the House of Representatives, and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the actions 
     taken to carry out the purposes of the grant program, as 
     described in subsection (b)(3).
       ``(e) Sunset.--The authority provided by this section 
     terminates on March 1, 2021.''.

     SEC. 4802. LOAN FORGIVENESS.

       The matter under the heading ``State and Tribal Assistance 
     Grants'' under the heading ``ENVIRONMENTAL PROTECTION 
     AGENCY'' in title II of division G of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113), is amended in 
     paragraph (1), by striking the semicolon at the end and 
     inserting the following: ``or, if a Federal or State 
     emergency declaration has been issued due to a threat to 
     public health from heightened exposure to lead in a municipal 
     drinking water supply, before the date of enactment of this 
     Act: Provided further, that in a State in which such an 
     emergency declaration has been issued, the State may use more 
     than 20 percent of the funds made available under this title 
     to the State for Drinking Water State Revolving Fund 
     capitalization grants to provide additional subsidy to 
     eligible recipients;''.

     SEC. 4803. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD 
                   EXPOSURE.

       (a) Exceedance of Lead Action Level.--Section 1414(c) of 
     the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is 
     amended--

[[Page S609]]

       (1) in paragraph (1), by adding at the end the following:
       ``(D) Notice of any exceedance of a lead action level or 
     any other prescribed level of lead in a regulation issued 
     under section 1412, including the concentrations of lead 
     found in a monitoring activity or any other level of lead 
     determined by the Administrator to warrant notice, either on 
     a case-specific or more general basis.'';
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) Exceedance of lead action level.--Regulations issued 
     under subparagraph (A) shall specify notification procedures 
     for an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412.'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (4) by inserting after paragraph (2) the following:
       ``(3) Notification of the public relating to lead.--
       ``(A) Exceedance of lead action level.--Not later than 15 
     days after the date of being notified by the primary agency 
     of an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412, including the concentrations of lead found in a 
     monitoring activity or any other level of lead determined by 
     the Administrator to warrant notice, either on a case-
     specific or more general basis, the Administrator shall 
     notify the public of the concentrations of lead found in the 
     monitoring activity conducted by the public water system if 
     the public water system or the State does not notify the 
     public of the concentrations of lead found in a monitoring 
     activity.
       ``(B) Results of lead monitoring.--
       ``(i) In general.--The Administrator may provide notice of 
     any result of lead monitoring conducted by a public water 
     system to--

       ``(I) any person that is served by the public water system; 
     or
       ``(II) the local or State health department of a locality 
     or State in which the public water system is located.

       ``(ii) Form of notice.--The Administrator may provide the 
     notice described in clause (i) by--

       ``(I) press release; or
       ``(II) other form of communication, including local 
     media.''.

       (b) Conforming Amendments.--Section 1414 (c) of the Safe 
     Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
       (1) in paragraph (1)(C), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(F)'';
       (2) in paragraph (2)(B)(i)(II), by striking ``subparagraph 
     (D)'' and inserting ``subparagraph (E)''; and
       (3) in paragraph (3)(B), in the first sentence, by striking 
     ``(D)'' and inserting ``(E)''.

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means the City of Flint, 
     Michigan.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means the State of Michigan.
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall, by contract, 
     grant, or cooperative agreement, establish in the City a 
     center to be known as the ``Center of Excellence on Lead 
     Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     research institutions, hospitals, Federally qualified health 
     centers, school-based health centers, community behavioral 
     health providers, public health agencies of Genesee County in 
     the State, and the State in the development and operation of 
     the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents about exposure to lead, and 
     inform City residents of the health and developmental impacts 
     that may have resulted from that exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Conduct research on physical, behavioral, and 
     developmental impacts, as well as other health or educational 
     impacts associated with lead exposure, including cancer, 
     heart disease, liver disease, neurological impacts, 
     developmental delays, reproductive health impacts, and 
     maternal and fetal health impacts.
       (3) Develop lead mitigation recommendations and allocate 
     resources, as appropriate, for health-, education-, and 
     nutrition-related interventions, as well as other 
     interventions, to mitigate lead exposure in children and 
     adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Conduct education and outreach efforts for the City, 
     including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct regular meetings in the City to discuss the 
     ongoing impact of lead exposure on residents and solicit 
     community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Biannually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, Agriculture, Nutrition, and Forestry of the Senate 
     and the Committees on Education and the Workforce, Energy and 
     Commerce, and Agriculture of the House of Representatives a 
     report--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or with the 
     Center; and
       (3) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.

     SEC. 4805. FUNDING.

       (a) Lead Prevention Grant Program.--
       (1) In general.--Not later than 5 days after the date of 
     enactment of this Act, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Administrator of the Environmental Protection 
     Agency to carry out section 1420A of the Safe Drinking Water 
     Act (as added by section 4801) $400,000,000, to remain 
     available until March 1, 2021.
       (2) Receipt and acceptance.--The Administrator of the 
     Environmental Protection Agency shall be entitled to receive, 
     shall accept, and shall use to carry out section 1420A of the 
     Safe Drinking Water Act (as added by section 4801) the funds 
     transferred under paragraph (1), without further 
     appropriation.
       (3) Reversion of funds.--Any funds transferred under 
     paragraph (1) that are unobligated as of March 1, 2021, shall 
     revert to the general fund of the Treasury.
       (b) Center of Excellence on Lead Exposure.--
       (1) In general.--On October 1, 2016, and on each October 1 
     thereafter through October 1, 2025, out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary of Health and Human 
     Services to carry out section 4804 $20,000,000, to remain 
     available until expended.
       (2) Receipt and acceptance.--The Secretary of Health and 
     Human Services shall be entitled to receive, shall accept, 
     and shall use to carry out section 4804 the funds transferred 
     under paragraph (1), without further appropriation.

     SEC. 4806. EMERGENCY DESIGNATION.

       (a) In General.--This subtitle and the amendments made by 
     this subtitle are designated as an emergency requirement 
     pursuant to section 4(g) of the Statutory Pay-As-You-Go Act 
     of 2010 (2 U.S.C. 933(g)).
       (b) Designation in Senate.--In the Senate, this subtitle 
     and the amendments made by this subtitle are designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
                                 ______
                                 
  SA 3248. Ms. STABENOW (for herself and Mr. Peters) 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:


[[Page S610]]


  

       At the end of title IV, add the following:

      Subtitle I--Prevention of and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1), an eligible State may provide assistance to an 
     eligible system within the eligible State, for the purpose of 
     addressing lead or other contaminants in drinking water, 
     including repair and replacement of public and private 
     drinking water infrastructure.
       (B) Inclusion.--Assistance under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--Using funds provided under subsection 
     (f)(2), the Administrator may make a secured loan to an 
     eligible State to carry out a project to address lead or 
     other contaminants in drinking water in an eligible system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining, and improving affected 
     physical assets, with a focus on engineering and economic 
     analysis based on quality information, to identify a 
     structured sequence of maintenance, preservation, repair, 
     rehabilitation, and replacement actions that will achieve and 
     sustain a desired state of good repair during the lifecycle 
     of the assets at minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional drinking water state revolving fund 
     capitalization grants.--
       (A) In general.--The Secretary of the Treasury shall make 
     available to the Administrator $200,000,000, to remain 
     available for obligation for 1 year after the date on which 
     the amounts are made available, to provide additional grants 
     to eligible States pursuant to section 1452 of the Safe 
     Drinking Water Act (42 U.S.C. 300j-12) for fiscal year 2016 
     for the purposes described in subsection (b)(2).
       (B) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (A) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (D) Applicability.--Section 1452(b)(1) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a 
     supplement to an intended use plan under subparagraph (B).
       (2) WIFIA funding.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     make available to the Administrator $60,000,000 to provide 
     credit subsidies, in consultation with the Director of the 
     Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator, in consultation with the 
     Director of the Office of Management and Budget, shall 
     provide to an eligible State a secured loan under 
     subparagraph (A) by not later than 60 days after the date of 
     receipt of a loan application from the eligible State.
       (C) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available to carry out activities to address 
     lead and other contaminants in drinking water, including 
     repair and replacement of public and private drinking water 
     infrastructure.
       (D) Excess amounts.--If the Administrator determines, in 
     fiscal year 2020 or any fiscal year thereafter, that an 
     amount less than $60,000,000 for credit subsidies is required 
     to issue secured loans under subparagraph (A) for the fiscal 
     year, the excess amount made available under this paragraph 
     for that fiscal year shall be transferred to the Leaking 
     Underground Storage Tank Trust Fund established by section 
     9508(a) of the Internal Revenue Code of 1986.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Health Effects Evaluation, Flint, Michigan.--
       (1) In general.--Pursuant to section 104(i)(1)(E) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604(i)(1)(E)), and on receipt of a 
     request of an appropriate State or local health official of 
     an eligible State, the Director of the Agency for Toxic 
     Substances and Disease Registry of the National Center for 
     Environmental Health shall in coordination with other 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water in the City 
     of Flint, Michigan.
       (2) Consultations.--Pursuant to section 104(i)(4) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604(i)(4)), and on receipt of a 
     request of an appropriate State or local health official of 
     an eligible State, the Director of the Agency for Toxic 
     Substances and Disease Registry of the National Center for 
     Environmental Health shall provide consultations regarding 
     health issues described in paragraph (1).
       (h) Offset.--
       (1) In general.--Subsection (c) of section 9508 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(4) Additional transfer.--Out of amounts in the Leaking 
     Underground Storage Tank Trust Fund there is hereby 
     appropriated $260,000,000 to be transferred to the 
     Administrator of the Environmental Protection Agency for 
     purposes of making expenditures described in section 4801 of 
     the Energy Policy Modernization Act of 2016.''.
       (2) Conforming amendment.--Section 9508(c)(1) of such Code 
     is amended by striking ``paragraphs (2) and (3)'' and 
     inserting ``paragraphs (2), (3), and (4)''.

     SEC. 4802. LOAN FORGIVENESS.

       The matter under the heading ``State and Tribal Assistance 
     Grants'' under the heading ``ENVIRONMENTAL PROTECTION 
     AGENCY'' in title II of division G of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113), is amended in 
     paragraph (1), by striking the semicolon at the end and 
     inserting the following: ``or, if a Federal or State 
     emergency declaration has been issued due to a threat to 
     public health from heightened exposure to lead in a municipal 
     drinking water supply, before the date of enactment of this 
     Act: Provided further, That in a State in which such an 
     emergency declaration has been issued, the State may use more 
     than 20 percent of the funds made available under this title 
     to the State for Drinking Water State Revolving Fund 
     capitalization grants to provide additional subsidy to 
     eligible recipients;''.

     SEC. 4803. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD 
                   EXPOSURE.

       (a) Exceedance of Lead Action Level.--Section 1414(c) of 
     the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is 
     amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Notice of any exceedance of a lead action level or 
     any other prescribed level of

[[Page S611]]

     lead in a regulation issued under section 1412, including the 
     concentrations of lead found in a monitoring activity or any 
     other level of lead determined by the Administrator to 
     warrant notice, either on a case-specific or more general 
     basis.'';
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) Exceedance of lead action level.--Regulations issued 
     under subparagraph (A) shall specify notification procedures 
     for an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412.'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (4) by inserting after paragraph (2) the following:
       ``(3) Notification of the public relating to lead.--
       ``(A) Exceedance of lead action level.--Not later than 15 
     days after the date of being notified by the primary agency 
     of an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412, including the concentrations of lead found in a 
     monitoring activity or any other level of lead determined by 
     the Administrator to warrant notice, either on a case-
     specific or more general basis, the Administrator shall 
     notify the public of the concentrations of lead found in the 
     monitoring activity conducted by the public water system if 
     the public water system or the State does not notify the 
     public of the concentrations of lead found in a monitoring 
     activity.
       ``(B) Results of lead monitoring.--
       ``(i) In general.--The Administrator may provide notice of 
     any result of lead monitoring conducted by a public water 
     system to--

       ``(I) any person that is served by the public water system; 
     or
       ``(II) the local or State health department of a locality 
     or State in which the public water system is located.

       ``(ii) Form of notice.--The Administrator may provide the 
     notice described in clause (i) by--

       ``(I) press release; or
       ``(II) other form of communication, including local 
     media.''.

       (b) Conforming Amendments.--Section 1414 (c) of the Safe 
     Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
       (1) in paragraph (1)(C), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(F)'';
       (2) in paragraph (2)(B)(i)(II), by striking ``subparagraph 
     (D)'' and inserting ``subparagraph (E)''; and
       (3) in paragraph (3)(B), in the first sentence, by striking 
     ``(D)'' and inserting ``(E)''.

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall, by contract, 
     grant, or cooperative agreement, establish in the City a 
     center to be known as the ``Center of Excellence on Lead 
     Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring on a voluntary 
     basis for City residents who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support 
     through a grant or contract research on physical, behavioral, 
     and developmental impacts, as well as other health or 
     educational impacts associated with lead exposure, including 
     cancer, heart disease, liver disease, neurological impacts, 
     developmental delays, reproductive health impacts, and 
     maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, Agriculture, Nutrition, and Forestry of the Senate 
     and the Committees on Education and the Workforce, Energy and 
     Commerce, and Agriculture of the House of Representatives a 
     report--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Funding.--
       (1) Mandatory funding.--
       (A) In general.--On October 1, 2016, out of any funds in 
     the Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary to carry out this 
     section $20,000,000, to remain available until expended.
       (B) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under subparagraph (A), 
     without further appropriation.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended. 
       (3) Offset.--
       (A) In general.--Subsection (c) of section 9508 of the 
     Internal Revenue Code of 1986, as amended by section 4801, is 
     amended by adding at the end the following new paragraph:
       ``(5) Additional transfer to hhs.--Out of amounts in the 
     Leaking Underground Storage Tank Trust Fund there is hereby 
     appropriated to be transferred to the Secretary of Health and 
     Human Services $20,000,000 on October 1, 2016, for purposes 
     of making expenditures to carry out the requirements of 
     section 4804 of the Energy Policy Modernization Act of 
     2016.''.
       (B) Conforming amendment.--Section 9508(c)(1) of such Code, 
     as amended by section 4801, is amended by striking ``and 
     (4)'' and inserting ``(4), and (5)''.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of

[[Page S612]]

     any ongoing investigations into the Federal and State 
     response to the contamination of the drinking water supply of 
     the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.

             Subtitle J--Contamination on Transferred Land

     SEC. 4901. RESPONSE ACTIONS ON ALASKA NATIVE CLAIMS 
                   CONVEYANCES.

       Section 120 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is 
     amended by adding at the end the following:
       ``(k) Alaska Native Claims Conveyances.--
       ``(1) Definitions.--In this subsection:
       ``(A) Hazardous substance.--In addition to the substances 
     included in the definition of the term in section 101(14), 
     the term `hazardous substance' includes petroleum (including 
     crude oil or any fraction thereof), natural gas, natural gas 
     liquids, liquefied natural gas, or synthetic gas usable for 
     fuel (or mixtures of natural gas and such synthetic gas).
       ``(B) Native corporation.--The term `Native Corporation' 
     has the meaning given the term in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S. 1602).
       ``(2) Obligation to take response action.--
       ``(A) In general.--The United States shall be responsible 
     for taking all response actions necessary to ensure the 
     protection of human health and the environment with regard to 
     the release or threatened release of any hazardous substance 
     on land conveyed to a Native Corporation pursuant to the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 
     prior to the date of enactment of this subsection.
       ``(B) Requirement.--All response actions shall be taken 
     consistent with this Act and the National Oil and Hazardous 
     Substances Pollution Contingency Plan described in part 300 
     of title 40, Code of Federal Regulations (or successor 
     regulations).
       ``(3) Enforcement.--A Native Corporation may commence a 
     civil action for enforcement of this subsection in accordance 
     with section 310 on or before the date that is 6 years after 
     the date of enactment of this subsection.''.
                                 ______
                                 
  SA 3249. Ms. STABENOW (for herself and Mr. Peters) 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 IV, add the following:

      Subtitle I--Prevention of and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1), an eligible State may provide assistance to an 
     eligible system within the eligible State, for the purpose of 
     addressing lead or other contaminants in drinking water, 
     including repair and replacement of public and private 
     drinking water infrastructure.
       (B) Inclusion.--Assistance under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--Using funds provided under subsection 
     (f)(2), the Administrator may make a secured loan to an 
     eligible State to carry out a project to address lead or 
     other contaminants in drinking water in an eligible system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (C) Limitation.--No project receiving a secured loan under 
     this subsection may be financed (directly or indirectly), in 
     whole or in part, with proceeds of any obligation--
       (i) the interest on which is exempt from the tax imposed 
     under chapter 1 of the Internal Revenue Code of 1986; or
       (ii) with respect to which a credit is allowable under 
     subpart I or J of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining, and improving affected 
     physical assets, with a focus on engineering and economic 
     analysis based on quality information, to identify a 
     structured sequence of maintenance, preservation, repair, 
     rehabilitation, and replacement actions that will achieve and 
     sustain a desired state of good repair during the lifecycle 
     of the assets at minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional drinking water state revolving fund 
     capitalization grants.--
       (A) In general.--The Secretary of the Treasury shall make 
     available to the Administrator $200,000,000, to remain 
     available for obligation for 1 year after the date on which 
     the amounts are made available, to provide additional grants 
     to eligible States pursuant to section 1452 of the Safe 
     Drinking Water Act (42 U.S.C. 300j-12) for fiscal year 2016 
     for the purposes described in subsection (b)(2).
       (B) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (A) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (D) Applicability.--Section 1452(b)(1) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a 
     supplement to an intended use plan under subparagraph (B).
       (2) WIFIA funding.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     make available to the Administrator $60,000,000 to provide 
     credit subsidies, in consultation with the Director of the 
     Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator, in consultation with the 
     Director of the Office of Management and Budget, shall 
     provide to an

[[Page S613]]

     eligible State a secured loan under subparagraph (A) by not 
     later than 60 days after the date of receipt of a loan 
     application from the eligible State.
       (C) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available to carry out activities to address 
     lead and other contaminants in drinking water, including 
     repair and replacement of public and private drinking water 
     infrastructure.
       (D) Excess amounts.--If the Administrator determines, in 
     fiscal year 2020 or any fiscal year thereafter, that an 
     amount less than $60,000,000 for credit subsidies is required 
     to issue secured loans under subparagraph (A) for the fiscal 
     year, the excess amount made available under this paragraph 
     for that fiscal year shall be transferred to the Leaking 
     Underground Storage Tank Trust Fund established by section 
     9508(a) of the Internal Revenue Code of 1986.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Health Effects Evaluation, Flint, Michigan.--
       (1) In general.--Pursuant to section 104(i)(1)(E) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604(i)(1)(E)), and on receipt of a 
     request of an appropriate State or local health official of 
     an eligible State, the Director of the Agency for Toxic 
     Substances and Disease Registry of the National Center for 
     Environmental Health shall in coordination with other 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water in the City 
     of Flint, Michigan.
       (2) Consultations.--Pursuant to section 104(i)(4) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604(i)(4)), and on receipt of a 
     request of an appropriate State or local health official of 
     an eligible State, the Director of the Agency for Toxic 
     Substances and Disease Registry of the National Center for 
     Environmental Health shall provide consultations regarding 
     health issues described in paragraph (1).
       (h) Offset.--
       (1) In general.--Subsection (c) of section 9508 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(4) Additional transfer.--Out of amounts in the Leaking 
     Underground Storage Tank Trust Fund there is hereby 
     appropriated $260,000,000 to be transferred to the 
     Administrator of the Environmental Protection Agency for 
     purposes of making expenditures described in section 4801 of 
     the Energy Policy Modernization Act of 2016.''.
       (2) Conforming amendment.--Section 9508(c)(1) of such Code 
     is amended by striking ``paragraphs (2) and (3)'' and 
     inserting ``paragraphs (2), (3), and (4)''.

     SEC. 4802. LOAN FORGIVENESS.

       The matter under the heading ``State and Tribal Assistance 
     Grants'' under the heading ``ENVIRONMENTAL PROTECTION 
     AGENCY'' in title II of division G of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113), is amended in 
     paragraph (1), by striking the semicolon at the end and 
     inserting the following: ``or, if a Federal or State 
     emergency declaration has been issued due to a threat to 
     public health from heightened exposure to lead in a municipal 
     drinking water supply, before the date of enactment of this 
     Act: Provided further, That in a State in which such an 
     emergency declaration has been issued, the State may use more 
     than 20 percent of the funds made available under this title 
     to the State for Drinking Water State Revolving Fund 
     capitalization grants to provide additional subsidy to 
     eligible recipients;''.

     SEC. 4803. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD 
                   EXPOSURE.

       (a) Exceedance of Lead Action Level.--Section 1414(c) of 
     the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is 
     amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Notice of any exceedance of a lead action level or 
     any other prescribed level of lead in a regulation issued 
     under section 1412, including the concentrations of lead 
     found in a monitoring activity or any other level of lead 
     determined by the Administrator to warrant notice, either on 
     a case-specific or more general basis.'';
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) Exceedance of lead action level.--Regulations issued 
     under subparagraph (A) shall specify notification procedures 
     for an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412.'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (4) by inserting after paragraph (2) the following:
       ``(3) Notification of the public relating to lead.--
       ``(A) Exceedance of lead action level.--Not later than 15 
     days after the date of being notified by the primary agency 
     of an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412, including the concentrations of lead found in a 
     monitoring activity or any other level of lead determined by 
     the Administrator to warrant notice, either on a case-
     specific or more general basis, the Administrator shall 
     notify the public of the concentrations of lead found in the 
     monitoring activity conducted by the public water system if 
     the public water system or the State does not notify the 
     public of the concentrations of lead found in a monitoring 
     activity.
       ``(B) Results of lead monitoring.--
       ``(i) In general.--The Administrator may provide notice of 
     any result of lead monitoring conducted by a public water 
     system to--

       ``(I) any person that is served by the public water system; 
     or
       ``(II) the local or State health department of a locality 
     or State in which the public water system is located.

       ``(ii) Form of notice.--The Administrator may provide the 
     notice described in clause (i) by--

       ``(I) press release; or
       ``(II) other form of communication, including local 
     media.''.

       (b) Conforming Amendments.--Section 1414 (c) of the Safe 
     Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
       (1) in paragraph (1)(C), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(F)'';
       (2) in paragraph (2)(B)(i)(II), by striking ``subparagraph 
     (D)'' and inserting ``subparagraph (E)''; and
       (3) in paragraph (3)(B), in the first sentence, by striking 
     ``(D)'' and inserting ``(E)''.

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall, by contract, 
     grant, or cooperative agreement, establish in the City a 
     center to be known as the ``Center of Excellence on Lead 
     Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring on a voluntary 
     basis for City residents who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support 
     through a grant or contract research on physical, behavioral, 
     and developmental impacts, as well as other health or 
     educational impacts associated with lead exposure, including 
     cancer, heart disease, liver disease, neurological impacts, 
     developmental delays, reproductive health impacts, and 
     maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition

[[Page S614]]

     Education of the Department of Agriculture to provide any 
     relevant nutrition information for lead mitigation, 
     including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, Agriculture, Nutrition, and Forestry of the Senate 
     and the Committees on Education and the Workforce, Energy and 
     Commerce, and Agriculture of the House of Representatives a 
     report--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Funding.--
       (1) Mandatory funding.--
       (A) In general.--On October 1, 2016, out of any funds in 
     the Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary to carry out this 
     section $20,000,000, to remain available until expended.
       (B) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under subparagraph (A), 
     without further appropriation.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended. 
       (3) Offset.--
       (A) In general.--Subsection (c) of section 9508 of the 
     Internal Revenue Code of 1986, as amended by section 4801, is 
     amended by adding at the end the following new paragraph:
       ``(5) Additional transfer to hhs.--Out of amounts in the 
     Leaking Underground Storage Tank Trust Fund there is hereby 
     appropriated to be transferred to the Secretary of Health and 
     Human Services $20,000,000 on October 1, 2016, for purposes 
     of making expenditures to carry out the requirements of 
     section 4804 of the Energy Policy Modernization Act of 
     2016.''.
       (B) Conforming amendment.--Section 9508(c)(1) of such Code, 
     as amended by section 4801, is amended by striking ``and 
     (4)'' and inserting ``(4), and (5)''.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.

             Subtitle J--Contamination on Transferred Land

     SEC. 4901. RESPONSE ACTIONS ON ALASKA NATIVE CLAIMS 
                   CONVEYANCES.

       Section 120 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is 
     amended by adding at the end the following:
       ``(k) Alaska Native Claims Conveyances.--
       ``(1) Definitions.--In this subsection:
       ``(A) Hazardous substance.--In addition to the substances 
     included in the definition of the term in section 101(14), 
     the term `hazardous substance' includes petroleum (including 
     crude oil or any fraction thereof), natural gas, natural gas 
     liquids, liquefied natural gas, or synthetic gas usable for 
     fuel (or mixtures of natural gas and such synthetic gas).
       ``(B) Native corporation.--The term `Native Corporation' 
     has the meaning given the term in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S. 1602).
       ``(2) Obligation to take response action.--
       ``(A) In general.--The United States shall be responsible 
     for taking all response actions necessary to ensure the 
     protection of human health and the environment with regard to 
     the release or threatened release of any hazardous substance 
     on land conveyed to a Native Corporation pursuant to the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 
     prior to the date of enactment of this subsection.
       ``(B) Requirement.--All response actions shall be taken 
     consistent with this Act and the National Oil and Hazardous 
     Substances Pollution Contingency Plan described in part 300 
     of title 40, Code of Federal Regulations (or successor 
     regulations).
       ``(3) Enforcement.--A Native Corporation may commence a 
     civil action for enforcement of this subsection in accordance 
     with section 310 on or before the date that is 6 years after 
     the date of enactment of this subsection.''.
                                 ______
                                 
  SA 3250. Mr. BLUMENTHAL 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 1104 (relating to third-party certification 
     under the Energy Star program).
                                 ______
                                 
  SA 3251. Mr. INHOFE (for himself and Mr. Peters) 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 150, between lines 14 and 15, insert the following:

     SEC. 131_. GASEOUS FUEL DUAL FUELED AUTOMOBILES.

       Section 32905 of title 49, United States Code, is amended 
     by striking subsection (d) and inserting the following:
       ``(d) Gaseous Fuel Dual Fueled Automobiles.--
       ``(1) Model years 1993 through 2016.--For any model of 
     gaseous fuel dual fueled automobile manufactured by a 
     manufacturer in model years 1993 through 2016, the 
     Administrator shall measure the fuel economy for that model 
     by dividing 1.0 by the sum of--
       ``(A) .5 divided by the fuel economy measured under section 
     32904(c) of this title when operating the model on gasoline 
     or diesel fuel; and
       ``(B) .5 divided by the fuel economy measured under 
     subsection (c) of this section when operating the model on 
     gaseous fuel.
       ``(2) Subsequent model years.--For any model of gaseous 
     fuel dual fueled automobile manufactured by a manufacturer in 
     model year 2017 or any subsequent model year, the 
     Administrator shall calculate fuel economy in accordance with 
     section 600.510-12 (c)(2)(vii) of title 40, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     paragraph) if the vehicle qualifies under section 
     32901(c).''.
                                 ______
                                 
  SA 3252. 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:

       On page 272, between lines 3 and 4, insert the following:
       (i) Coordinated Review.--In the case of an interstate 
     natural gas pipeline project, for purposes of the due process 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), the Commission shall consider, and 
     address in the environmental impact statement required for 
     the

[[Page S615]]

     interstate natural gas pipeline project under that Act, the 
     cumulative impacts of other interstate natural gas pipeline 
     projects located within the same State, within 100 miles of 
     the project, that are filed with the Commission--
       (1) during the 1-year period beginning on the filing of the 
     initial project with the Commission; and
       (2) before the issuance of the draft environmental impact 
     statement by the Commission.
                                 ______
                                 
  SA 3253. Mr. ISAKSON (for himself and Mr. Enzi) 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 1008.
       Strike subtitle G of title III.
                                 ______
                                 
  SA 3254. Mrs. FEINSTEIN 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. ____. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION 
                   SUBSIDIES.

       (a) In General.--Subsection (a) of section 136 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``any subsidy provided'' and inserting 
     ``any subsidy--
       ``(1) provided'',
       (2) by striking the period at the end and inserting ``, 
     or'', and
       (3) by adding at the end the following new paragraph:
       ``(2) provided (directly or indirectly) by a public utility 
     to a customer, or by a State or local government to a 
     resident of such State or locality, for the purchase or 
     installation of any water conservation measure or storm water 
     management measure.''.
       (b) Conforming Amendments.--
       (1) Definition of water conservation measure and storm 
     water management measure.--Section 136(c) of the Internal 
     Revenue Code of 1986 is amended--
       (A) by striking ``Energy Conservation Measure'' in the 
     heading thereof and inserting ``Definitions'',
       (B) by striking ``In general'' in the heading of paragraph 
     (1) and inserting ``Energy conservation measure'', and
       (C) by redesignating paragraph (2) as paragraph (4) and by 
     inserting after paragraph (1) the following:
       ``(2) Water conservation measure.--For purposes of this 
     section, the term `water conservation measure' means any 
     installation or modification primarily designed to reduce 
     consumption of water or to improve the management of water 
     demand with respect to a dwelling unit.
       ``(3) Storm water management measure.--For purposes of this 
     section, the term `storm water management measure' means any 
     installation or modification of property primarily designed 
     to manage amounts of storm water with respect to a dwelling 
     unit.''.
       (2) Definition of public utility.--Subparagraph (B) of 
     section 136(c)(4) of such Code (as redesignated by paragraph 
     (1)(C)) is amended by striking ``or natural gas'' and 
     inserting ``, natural gas, or water or the provision of storm 
     water management''.
       (3) Clerical amendments.--
       (A) The heading of section 136 of such Code is amended--
       (i) by inserting ``and water'' after ``energy'', and
       (ii) by striking ``provided by public utilities''.
       (B) The item relating to section 136 in the table of 
     sections of part III of subchapter B of chapter 1 of such 
     Code is amended--
       (i) by inserting ``and water'' after ``energy'', and
       (ii) by striking ``provided by public utilities''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after January 1, 2015.
                                 ______
                                 
  SA 3255. Mr. WHITEHOUSE 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__. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF 
                   REVENUES.

       Section 105(a) of the Gulf of Mexico Energy Security Act of 
     2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended--
       (1) in paragraph (1), by striking ``50'' and inserting 
     ``25''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``50'' and inserting ``75'';
       (B) in subparagraph (A)--
       (i) by striking ``75'' and inserting ``50''; and
       (ii) by striking ``and'' after the semicolon;
       (C) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(C) 25 percent to provide financial assistance to States 
     in accordance with section 906(b) of the National Oceans and 
     Coastal Security Act (Public Law 114-113), which shall be 
     considered income to the National Oceans and Coastal Security 
     Fund for purposes of section 904 of that Act.''.
                                 ______
                                 
  SA 3256. Mr. SCHATZ (for himself and 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:

       Strike section 2307 and insert the following:

     SEC. 2307. STATE AND REGIONAL ENERGY PARTNERSHIPS.

       (a) Definitions.--In this section:
       (1) Cooperative agreement.--The term ``cooperative 
     agreement'' has the meaning given the term in sections 6302 
     and 6305 of title 31, United States Code.
       (2) 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).
       (3) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary, acting through the Assistant Secretary 
     of the Office of Electricity Delivery and Energy Reliability 
     in consultation with the Assistant Secretary of Energy 
     Efficiency and Renewable Energy, the Assistant Secretary of 
     Fossil Energy, and the Director of the Office of Nuclear 
     Energy, Science, and Technology Programs; and
       (B) the Secretary of the Interior, acting through the 
     Assistant Secretary for Land and Minerals Management in 
     consultation with the Director of the Bureau of Land 
     Management, the Director of the Bureau of Ocean Energy 
     Management, the Assistant Secretary for Indian Affairs, and 
     the Assistant Secretary for Fish and Wildlife and Parks.
       (4) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.
       (5) Tribal organization.--
       (A) In general.--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).
       (B) Inclusion.--The term ``tribal organization'' includes a 
     Native Hawaiian organization (as defined in section 7207 of 
     the Native Hawaiian Education Act (20 U.S.C. 7517)).
       (b) Regional Energy Partnerships.--
       (1) In general.--The Secretaries shall provide assistance 
     in accordance with this subsection for the purpose of 
     developing energy strategies and plans that help harmonize 
     and promote national, regional, and State energy goals, 
     including goals for advancing resilient energy systems to 
     mitigate risks and prepare for emerging energy challenges.
       (2) Electricity distribution.--
       (A) Distribution planning.--On the request of a State or a 
     regional organization, the Secretary shall partner with the 
     State or regional organization to facilitate the development 
     of State and regional electricity distribution plans by--
       (i) conducting a resource assessment and analysis of future 
     demand and distribution requirements; and
       (ii) developing open source tools for State and regional 
     planning and operations.
       (B) Risk and security analysis.--An assessment under 
     subparagraph (A)(i) shall include--
       (i) an evaluation of the physical and cybersecurity needs 
     of an advanced distribution management system and the 
     integration of distributed energy resources; and
       (ii) the advanced use of grid architecture to analyze risks 
     in an all-hazards approach that includes communications 
     infrastructure, control systems architecture, and power 
     systems architecture.
       (C) Grid integration.--Consistent with the authorization of 
     assistance provided to units of general local government and 
     Indian tribes under title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), the 
     Secretary may provide assistance to a State or regional 
     partnership (including a public-private partnership) to carry 
     out projects designed to improve the performance and 
     efficiency of the future electric grid that demonstrate--
       (i) secure integration and management of 2 or more energy 
     resources, including distributed energy generation, combined 
     heat and power, micro-grids, energy storage, electric 
     vehicles, energy efficiency, demand response, and intelligent 
     loads; and
       (ii) secure integration and interoperability of 
     communications and information technologies.
       (3) Technical assistance.--In addition to the assistance 
     authorized under paragraphs (1) and (2), the Secretaries may 
     provide such technical assistance to States, political 
     subdivisions of States, substate regional organizations 
     (including organizations that cross State boundaries), 
     multistate regional organizations, Indian tribes, tribal 
     organizations,

[[Page S616]]

     and nonprofit organizations as the Secretaries determine 
     appropriate to promote--
       (A) the development and improvement of regional energy 
     strategies and plans that sustain and promote energy system 
     modernization across the United States;
       (B) investment in energy infrastructure, technological 
     capacity, innovation, and workforce development to keep pace 
     with the changing energy ecosystem;
       (C) the structural transformation of the financial, 
     regulatory, legal, and institutional systems that govern 
     energy planning, production, and delivery within States and 
     regions; and
       (D) public-private partnerships for the implementation of 
     regional energy strategies and plans.
       (4) Cooperative agreements.--
       (A) In general.--The Secretaries may enter into cooperative 
     agreements with 1 or more States and Indian tribes to develop 
     and implement strategies and plans to address the energy 
     challenges of States, Indian tribes, and regions.
       (B) Requirements.--A cooperative agreement entered into 
     under this paragraph shall include provisions covering or 
     providing--
       (i) the purpose and goals of the cooperative agreement, 
     such as advancing energy efficiency, clean energy, fuel and 
     supply diversity, energy system resiliency, economic 
     development, or other goals to make measurable, significant 
     progress toward specified metrics and objectives that are 
     agreed to by the States or Indian tribes and the Secretaries;
       (ii) the roles and responsibilities of the States or Indian 
     tribes and the Secretaries for various functions of the 
     cooperative agreement, including outreach, communication, 
     resources, and capabilities;
       (iii) a comprehensive framework for the development of 
     energy strategies and plans for States, Indian tribes, or 
     regions;
       (iv) timeframes with associated metrics and objectives;
       (v) a governance structure to resolve conflicts and 
     facilitate decision making consistent with underlying 
     authorities; and
       (vi) other provisions determined necessary by the 
     Secretaries, in consultation with the States or Indian 
     tribes, to achieve the purposes described in subparagraph 
     (A).
       (5) Staff.--
       (A) In general.--Not later than 30 days after the date of 
     the entering into a cooperative agreement under paragraph 
     (4), the Secretaries shall, as appropriate, assign or employ 
     individuals who have expertise in the technical and 
     regulatory issues relating to the cooperative agreement, 
     including particular expertise in (as applicable)--
       (i) energy systems integration;
       (ii) renewable energy and energy efficiency;
       (iii) innovative financing mechanisms;
       (iv) utility regulatory policy;
       (v) modeling and analysis;
       (vi) facilitation and arbitration;
       (vii) energy assurance and emergency preparedness; and
       (viii) cyber and physical security of energy systems.
       (B) Duties.--Each individual assigned to carry out a 
     cooperative agreement under subparagraph (A) shall--
       (i) be responsible for issues and technical assistance 
     relating to the cooperative agreement;
       (ii) participate as part of the team of personnel working 
     on developing and implementing the applicable regional energy 
     strategy and plan; and
       (iii) build capacity within the State, Indian tribe, or 
     region to continue to implement the goals of this section 
     after the expiration of the cooperative agreement.
       (6) Comprehensive framework.--Under a cooperative 
     agreement, a comprehensive framework shall be developed that 
     identifies opportunities and actions across various energy 
     sectors and cross-cutting issue areas, including--
       (A) end-use efficiency;
       (B) energy supply, including electric generation and fuels;
       (C) energy delivery;
       (D) transportation;
       (E) technical integration, including standards and 
     interdependencies;
       (F) institutional structures;
       (G) regulatory policies;
       (H) financial incentives; and
       (I) market mechanisms.
       (7) Awards.--
       (A) Definitions.--In this paragraph:
       (i) Application group.--The term ``application group'' 
     means a group of States or Indian tribes that have--

       (I) entered into a cooperative agreement, on a regional 
     basis, with the Secretaries under paragraph (4); and
       (II) submitted an application for an award under 
     subparagraph (B)(i).

       (ii) Partner state.--The term ``partner State'' means a 
     State or Indian tribe that is part of an application group.
       (B) Applications.--
       (i) In general.--Subject to clause (ii), an application 
     group may apply to the Secretaries for awards under this 
     paragraph.
       (ii) Individual states.--An individual State or Indian 
     tribe that has entered into a cooperative agreement with the 
     Secretaries under paragraph (4) may apply to the Secretaries 
     for an award under this paragraph if the State or Indian 
     tribe demonstrates to the Secretaries the uniqueness of the 
     energy challenges facing the State or Indian tribe.
       (C) Base amount.--Subject to subparagraph (D), the 
     Secretaries may provide not more than 6 awards under this 
     paragraph, with a base amount of $20,000,000 for each award.
       (D) Bonus amount for application groups.--
       (i) In general.--Subject to clause (ii), the Secretaries 
     shall increase the amount of an award provided under this 
     paragraph to an application group for a successful 
     application under subparagraph (B)(i) by the quotient 
     obtained by dividing--

       (I) the product obtained by multiplying--

       (aa) the number of partner States in the application group; 
     and
       (bb) $100,000,000; by

       (II) the total number of partner States of all successful 
     applications under this paragraph.

       (ii) Maximum amount.--The amount of a bonus determined 
     under clause (i) shall not exceed an amount that represents 
     $5,000,000 for each partner State that is a member of the 
     relevant application group.
       (E) Limitation.--A State or Indian tribe shall not be part 
     of more than 1 award under this paragraph.
       (F) Selection criteria.--In selecting applications for 
     awards under this paragraph, the Secretaries shall consider--
       (i) existing commitments from States or Indian tribes, such 
     as memoranda of understanding;
       (ii) for States that are part of the contiguous 48 States, 
     the number of contiguous States involved that cover a region;
       (iii) the diversity of the regions represented by all 
     applications;
       (iv) the amount of cost-share or in-kind contributions from 
     States or Indian tribes;
       (v) the scope and focus of regional and State programs and 
     strategies, with an emphasis on energy system resiliency and 
     grid modernization, efficiency, and clean energy;
       (vi) a management and oversight plan to ensure that 
     objectives are met;
       (vii) an outreach plan for the inclusion of stakeholders in 
     the process for developing and implementing State or regional 
     energy strategies and plans;
       (viii) the inclusion of tribal entities;
       (ix) plans to fund and sustain activities identified in 
     regional energy strategies and plans;
       (x) the clarity of roles and responsibilities of each State 
     and the Secretaries; and
       (xi) the average retail cost of electricity in the State.
       (G) Use of awards.--
       (i) In general.--Awards provided under this paragraph shall 
     be used to achieve the purpose of this section, including 
     by--

       (I) conducting technical analyses, resource studies, and 
     energy system baselines;
       (II) convening and providing education to stakeholders on 
     emerging energy issues;
       (III) building decision support and planning tools; and
       (IV) improving communication between and participation of 
     stakeholders.

       (ii) Limitation.--Awards provided under this paragraph 
     shall not be used for--

       (I) capitalization of green banks or loan guarantees; or
       (II) building facilities or funding capital projects.

       (c) Funding.--
       (1) Awards.--Of the amounts made available to carry out 
     paragraphs (4) through (7) of subsection (b)--
       (A) at least 40 percent shall be used for the bonus amount 
     of awards under subsection (b)(7)(D); and
       (B) not more than 10 percent shall be used for the 
     administrative costs of carrying out this section, 
     including--
       (i) the assignment of staff under subsection (b)(5); and
       (ii) if the Secretaries determine appropriate, the sharing 
     of best practices from regional partnerships by parties to 
     cooperative agreements entered into under this section.
       (2) State energy offices.--Funds provided to a State under 
     this section shall be provided to the office within the State 
     that is responsible for developing the State energy plan for 
     the State under part D of title III of the Energy Policy and 
     Conservation Act (42 U.S.C. 6321 et seq.).
       (3) Maintenance of funding.--It is the intent of Congress 
     that funding provided to States under this section shall 
     supplement (and not supplant) funding provided under part D 
     of title III of the Energy Policy and Conservation Act (42 
     U.S.C. 6321 et seq.).
                                 ______
                                 
  SA 3257. Ms. CANTWELL (for herself and Mr. Graham) 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 IV, add the following:

     SEC. 42__. SENSE OF THE SENATE ON ACCELERATING ENERGY 
                   INNOVATION.

       (a) Findings.--The Senate finds that--
       (1) although important progress has been made in cost 
     reduction and deployment of clean energy technologies, 
     accelerating clean energy innovation will meet critical 
     competitiveness, energy security, and environmental goals;
       (2) many of the greatest advancements in the science of 
     energy production have taken place in the United States, 
     where key Federal investment, public private partnerships,

[[Page S617]]

     and a robust, diverse energy industry have helped to power 
     and fuel the United States economy;
       (3) the United States is home to the most advanced energy 
     research institutions in the world, and those institutions 
     attract the brightest and most talented individuals to study 
     and develop energy solutions to meet the energy needs of the 
     United States and the world;
       (4) early-stage involvement of the private sector is 
     critical to ensuring commercialization and cost-effectiveness 
     of energy breakthroughs;
       (5) the Secretary is working with international and 
     domestic partners and institutions, including units of 
     government, private investors, and technology innovators--
       (A) to make data available;
       (B) to aggregate technology expertise, if possible;
       (C) to share facilities and analysis;
       (D) to promote development, commercialization, and 
     dissemination of clean energy technologies; and
       (E) to dramatically increase the range of technology 
     options for private sector investment and commercialization;
       (6) the Secretary is working closely with other committed 
     nations and the private sector to increase access to 
     investment for earlier-stage clean energy companies that 
     emerge from government research and development programs;
       (7) the Secretary is building and improving technology 
     innovation roadmaps and other tools--
       (A) to help innovation efforts;
       (B) to understand where research and development is already 
     happening; and
       (C) to identify gaps and opportunities for new kinds of 
     innovation;
       (8) accelerating the pace of clean energy innovation in the 
     United States calls for--
       (A) supporting existing research and development programs 
     at the Department and the world-class National Laboratories 
     (as defined in section 2 of the Energy Policy Act of 2005 (42 
     U.S.C. 15801)); and
       (B) exploring and developing new pathways for innovators, 
     investors, and decision-makers to leverage the resources of 
     the Department for addressing the challenges and comparative 
     strengths of geographic regions;
       (9) the energy supply, demand, policies, markets, and 
     resource options of the United States vary by geographic 
     region; and
       (10) a regional approach to innovation can bridge the gaps 
     between local talent, institutions, and industries to 
     identify opportunities and convert United States investment 
     into domestic companies.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress and the Secretary should advance efforts that 
     promote international, domestic, and regional cooperation on 
     the research and development of energy innovations that--
       (1) provide clean, affordable, and reliable energy for 
     everyone;
       (2) promote economic growth; and
       (3) are critical for energy security.
                                 ______
                                 
  SA 3258. Mr. DAINES (for himself 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:

       On page 21, line 14, strike ``life-cycle''.
       On page 25, strike line 11 and insert the following:
       ``(4) Payback.--Any proposal submitted by the Secretary 
     under paragraph (3) shall have a simple payback (the time in 
     years that is required for energy savings to exceed the 
     incremental first cost of a new requirement) of 10 years or 
     less.
       ``(5) Analysis methodology.--The Secretary
                                 ______
                                 
  SA 3259. Mr. DAINES (for himself 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:

       On page 21, line 14, strike ``life-cycle''.
       On page 25, strike line 11 and insert the following:
       ``(4) Payback.--Any proposal submitted by the Secretary 
     under paragraph (3) shall have a simple payback (the time in 
     years that is required for energy savings to exceed the 
     incremental first cost of a new requirement) of 10 years or 
     less.
       ``(5) Analysis methodology.--The Secretary
                                 ______
                                 
  SA 3260. Mr. BOOZMAN 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:

     SEC. 23___. INTERSTATE TRANSMISSION DETERMINATION REQUIRED 
                   WITH RESPECT TO CERTAIN TRANSMISSION 
                   INFRASTRUCTURE PROJECTS.

       Section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 
     16421) is amended by adding at the end the following:
       ``(h) Interstate Transmission Requirement.--The Secretary 
     shall not carry out a Project under subsection (a) or (b) 
     unless the Secretary has issued a determination that the laws 
     of the applicable State do not allow for interstate 
     transmission projects.''.
                                 ______
                                 
  SA 3261. Mr. BOOZMAN (for himself, Mr. Alexander, Mr. Blunt, and Mr. 
Cotton) 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:

     SEC. 23___. REPORTING REQUIREMENT FOR CERTAIN TRANSMISSION 
                   INFRASTRUCTURE PROJECTS.

       Section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 
     16421) is amended by adding at the end the following:
       ``(h) Reporting Requirement.--Before carrying out a Project 
     under subsection (a) or (b), the Secretary shall submit to 
     Congress a report that--
       ``(1) describes the impact that the proposed Project would 
     have on electricity rates;
       ``(2) demonstrates that the proposed Project meets the 
     requirements of paragraphs (1) and (2) of subsection (a) and 
     paragraphs (1) and (2) of subsection (b); and
       ``(3) includes a list of utilities that have entered into 
     contracts for the purchase of power from the proposed 
     Project.
       ``(i) Decision.--The Secretary may not issue a decision on 
     whether to carry out a Project under subsection (a) or (b) 
     before the date that is 180 days after the date of submission 
     of a report required under subsection (h).''.
                                 ______
                                 
  SA 3262. 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 subtitle B of title III, add the following:

               PART II--ENERGY INNOVATION AND PRODUCTION

     SEC. 3111. SHORT TITLE.

       This part may be cited as the ``American Energy Innovation 
     and Production Act''.

     SEC. 3112. ENERGY SECURITY TRUST FUND.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, there shall be established in the 
     Treasury of the United States a trust fund, to be known as 
     the ``Energy Security Trust Fund'' (referred to in this 
     section as the ``Fund''), consisting of such amounts as are 
     transferred to the Fund pursuant to subsection (b), to be 
     administered by the Secretary in accordance with this 
     section.
       (b) Funding.--
       (1) Transfers.--
       (A) In general.--Notwithstanding any other provision of 
     law, subject to paragraph (2), the Secretary of the Treasury 
     shall transfer to the Fund for each fiscal year an amount 
     equal to 50 percent of the revenues received during the 
     preceding fiscal year in the form of bonus bids, lease rental 
     receipts, and production royalties from oil and gas 
     development or production in any other Federal territory or 
     area that becomes available for oil or gas leasing after the 
     date of enactment of this Act.
       (B) Availability.--The amounts in the Fund--
       (i) shall be available without fiscal year limitation; and
       (ii) shall not be subject to appropriation.
       (2) Maximum annual amount.--The total amount transferred to 
     the Fund pursuant to paragraph (1) for any 1 fiscal year 
     shall not exceed $500,000,000.
       (3) Use of excess revenues.--Any revenues described in 
     paragraph (1)(A) that are received for a fiscal year in 
     excess of the maximum annual amount referred to in paragraph 
     (2) shall be used to reduce the debt of the Federal 
     Government.
       (4) Lack of sufficient revenues.--If, during an applicable 
     fiscal year, the development or production activities 
     described in paragraph (1)(A) are obstructed for any reason, 
     and no amounts are generated from activities described in 
     paragraph (1)(A), no amounts shall be transferred to the Fund 
     pursuant to this subsection for the following fiscal year.
       (c) Use.--
       (1) In general.--The Secretary shall use amounts in the 
     Fund to make grants in accordance with this section to pay 
     the Federal share of the cost of conducting research on 
     precommercial sciences and technologies with the near- and 
     medium-term potential for reducing petroleum use and 
     increasing fuel diversity in the transportation sector.
       (2) Requirement.--Amounts in the Fund shall be used only 
     for research and development activities focused on 
     transportation-related technologies and fuels.
       (3) Advisory board.--
       (A) In general.--The Secretary shall establish an advisory 
     board, to be composed of representatives from the private 
     sector and

[[Page S618]]

     relevant sectors of academia, to evaluate the technologies to 
     be eligible for funding under this section.
       (B) Annual reviews.--The advisory board established under 
     subparagraph (A) shall, not less frequently than once each 
     year--
       (i) review relevant technologies to determine whether the 
     technologies should be eligible to receive funding under this 
     section; and
       (ii) submit to the Secretary recommendations regarding the 
     allocation of finding for each technology determined to be 
     eligible under clause (i).
       (d) Allocation.--
       (1) In general.--For each applicable fiscal year, of the 
     amounts in the Fund, the Secretary shall allocate--
       (A) 50 percent to make grants to national laboratories that 
     are federally funded research and development centers or 
     institutions of higher education to enhance the ability of 
     the national laboratories to create opportunities for 
     relevant public-private research partnerships;
       (B) 15 percent to the Secretary of Defense to fund research 
     and development programs of the Department of Defense that 
     are focused on reducing transportation-related oil 
     consumption; and
       (C) 35 percent to make grants to eligible entities, as 
     determined by the Secretary, to enhance existing research 
     programs and establish new fields of research relevant to the 
     eligible technologies described in subsection (c)(3)(B).
       (2) Limitations.--
       (A) Maximum amount.--The amount of a grant provided under 
     this section shall not exceed $25,000,000.
       (B) Per Project.--Not more than 1 grant shall be provided 
     for a single project under this section.
       (e) Use of Grants.--
       (1) In general.--A national laboratory or other eligible 
     entity described in subparagraph (A) or (C) of subsection 
     (d)(1) may use a grant provided under this section to carry 
     out activities relating to--
       (A) research or development regarding vehicles and fuels 
     that has a demonstrable market application, such as advanced-
     technology vehicle components and associated infrastructure, 
     including--
       (i) storage tanks for compressed natural gas vehicles;
       (ii) onboard energy storage for electric and plug-in hybrid 
     electric vehicles;
       (iii) hydrogen fuel cells;
       (iv) advanced liquid fuels;
       (v) increased fuel efficiency in combustion engines; and
       (vi) advancements to alternative fuel storage and 
     dispensing;
       (B) field or market research and development of the 
     comprehensive systems required to support new vehicles and 
     fuels that differ significantly from conventional vehicles, 
     which shall--
       (i) focus on determining best practices in comprehensive 
     vehicle and infrastructure deployments;
       (ii) have a strong experimental design to ensure that 
     different deployment activities can be tested using 
     quantitative metrics for various fuels; and
       (iii) be structured and used to provide valuable lessons 
     and best practices for use throughout the United States to 
     ensure smooth, widespread deployment of alternative fuel 
     vehicles; or
       (C) increased public-private research and development 
     collaboration and more-rapid technology transfer from the 
     Federal Government to the private sector, with a focus on 
     removing unnecessary obstacles in bringing to the private 
     sector oil-reduction technologies with commercial 
     applications that are developed by the national laboratories 
     or eligible entities.
       (2) Limitations.--A grant provided under this section may 
     not be--
       (A) sold;
       (B) transferred; or
       (C) used to repay a Federal loan.
       (3) National laboratories.--A national laboratory that 
     receives a grant under this section--
       (A) shall be encouraged to enter into cooperative research 
     and development agreements and other mechanisms to facilitate 
     public-private partnerships in accordance with this section; 
     and
       (B) may serve as a program or funding manager for any such 
     partnership.
       (f) Cost Sharing and Review.--Amounts disbursed from the 
     Fund under this section shall be subject to the cost sharing 
     and merit review requirements of section 988 of the Energy 
     Policy Act of 2005 (42 U.S.C. 16352), including the 
     requirement under subsection (c)(1) of that section that not 
     less than 50 percent of the cost of a project or activity 
     carried out using the amounts shall be provided by a non-
     Federal source.
       (g) Reports.--
       (1) Secretary.--The Secretary shall prepare and submit to 
     Congress--
       (A) not less frequently than once each year, a report that 
     describes, with respect to the preceding fiscal year--
       (i) the amounts deposited in the Fund;
       (ii) expenditures from the Fund; and
       (iii) the means in which grants from the Fund were used by 
     recipients, including a description of each project funded 
     using such a grant; and
       (B) not less frequently than once every 5 years, a report 
     that describes, with respect to the preceding 5-year period--
       (i) any breakthroughs that occurred as a result of grants 
     from the Fund; and
       (ii) the quantity of technology transfer that took place as 
     a result of activities funded by the Fund.
       (2) GAO.--Not less frequently than once every 5 years, the 
     Comptroller General of the United States shall submit to 
     Congress a report that describes the results of the projects 
     that received grants from the Fund during the preceding 5-
     year period, including an assessment of progress resulting 
     from those projects with respect to developing and bringing 
     to market oil-saving technologies.
                                 ______
                                 
  SA 3263. 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 end of title IV, add the following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1)(B), an eligible State may provide assistance to an 
     eligible system within the eligible State, for the purpose of 
     addressing lead or other contaminants in drinking water, 
     including repair and replacement of public and private 
     drinking water infrastructure.
       (B) Inclusion.--Assistance under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(B); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--The Administrator may make a secured loan 
     to an eligible State to carry out a project to address lead 
     or other contaminants in drinking water in an eligible 
     system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining, and improving affected 
     physical assets, with a focus on engineering and economic 
     analysis based on quality information, to identify a 
     structured sequence of maintenance, preservation, repair, 
     rehabilitation, and replacement actions that will achieve and 
     sustain a desired state of good repair during the lifecycle 
     of the assets at minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional srf capitalization grants.--
       (A) Rescission.--There is rescinded the unobligated balance 
     of amounts made available

[[Page S619]]

     to carry out the advanced technology vehicles manufacturing 
     incentive program established under section 136 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17013).
       (B) Availability of rescinded funds.--Of the amounts 
     rescinded under subparagraph (A), $200,000,000 shall be made 
     available to the Administrator to provide additional grants 
     to eligible States pursuant to section 1452 of the Safe 
     Drinking Water Act (42 U.S.C. 300j-12) for fiscal year 2016 
     for the purposes described in subsection (b)(2).
       (C) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (B) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (D) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (B) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (E) Applicability.--Section 1452(b)(1) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a 
     supplement to an intended use plan under subparagraph (C).
       (2) WIFIA funding.--
       (A) In general.--For fiscal year 2016, out of amounts 
     rescinded under paragraph (1)(A), the Secretary of the 
     Treasury shall make available to the Administrator 
     $60,000,000, to remain available until expended, to provide 
     credit subsidies, in consultation with the Director of the 
     Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator and the Director of the 
     Office of Management and Budget shall provide to an eligible 
     State a credit subsidy under subparagraph (A) by not later 
     than 60 days after the date of receipt of a loan application 
     from the eligible State.
       (C) Use.--A credit subsidy provided pursuant to 
     subparagraph (A) shall be available for activities to address 
     lead and other contaminants in drinking water, including 
     repair and replacement of public and private drinking water 
     infrastructure.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Health Effects Evaluation.--Pursuant to section 
     104(i)(1)(E) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9604(i)(1)(E)), 
     and on receipt of a request of an appropriate State or local 
     health official of an eligible State, the Director of the 
     Agency for Toxic Substances and Disease Registry of the 
     National Center for Environmental Health shall--
       (1) in coordination with other Federal departments and 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water; and
       (2) provide for those individuals consultations regarding 
     health issues relating to that exposure.

     SEC. 4802. LOAN FORGIVENESS.

       The matter under the heading ``State and Tribal Assistance 
     Grants'' under the heading ``ENVIRONMENTAL PROTECTION 
     AGENCY'' in title II of division G of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113), is amended in 
     paragraph (1), by striking the semicolon at the end and 
     inserting the following: ``or, if a Federal emergency 
     declaration has been issued due to a threat to public health 
     from heightened exposure to lead in a municipal drinking 
     water supply, before the date of enactment of this Act: 
     Provided further, That in a State in which such an emergency 
     declaration has been issued, the State may use more than 20 
     percent of the funds made available under this title to the 
     State for Drinking Water State Revolving Fund capitalization 
     grants to provide additional subsidy to eligible 
     recipients;''.

     SEC. 4803. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD 
                   EXPOSURE.

       (a) Exceedance of Lead Action Level.--Section 1414(c) of 
     the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is 
     amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Notice of any exceedance of a lead action level or 
     any other prescribed level of lead in a regulation issued 
     under section 1412, including the concentrations of lead 
     found in a monitoring activity or any other level of lead 
     determined by the Administrator to warrant notice, either on 
     a case-specific or more general basis.'';
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) Exceedance of lead action level.--Regulations issued 
     under subparagraph (A) shall specify notification procedures 
     for an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412.'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (4) by inserting after paragraph (2) the following:
       ``(3) Notification of the public relating to lead.--
       ``(A) Exceedance of lead action level.--Not later than 15 
     days after the date of being notified by the primary agency 
     of an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412, including the concentrations of lead found in a 
     monitoring activity or any other level of lead determined by 
     the Administrator to warrant notice, either on a case-
     specific or more general basis, the Administrator shall 
     notify the public of the concentrations of lead found in the 
     monitoring activity conducted by the public water system if 
     the public water system or the State does not notify the 
     public of the concentrations of lead found in a monitoring 
     activity.
       ``(B) Results of lead monitoring.--
       ``(i) In general.--The Administrator may provide notice of 
     any result of lead monitoring conducted by a public water 
     system to--

       ``(I) any person that is served by the public water system; 
     or
       ``(II) the local or State health department of a locality 
     or State in which the public water system is located.

       ``(ii) Form of notice.--The Administrator may provide the 
     notice described in clause (i) by--

       ``(I) press release; or
       ``(II) other form of communication, including local 
     media.''.

       (b) Conforming Amendments.--Section 1414 (c) of the Safe 
     Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
       (1) in paragraph (1)(C), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(F)'';
       (2) in paragraph (2)(B)(i)(II), by striking ``subparagraph 
     (D)'' and inserting ``subparagraph (E)''; and
       (3) in paragraph (3)(B), in the first sentence, by striking 
     ``(D)'' and inserting ``(E)''.

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.
       (b) Establishment.--The Secretary may, by contract, grant, 
     or cooperative agreement, establish a center to be known as 
     the ``Center of Excellence on Lead Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents on a voluntary basis who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support, 
     through a grant or contract, research on physical, 
     behavioral, and developmental impacts, as well

[[Page S620]]

     as other health or educational impacts associated with lead 
     exposure, including cancer, heart disease, liver disease, 
     neurological impacts, developmental delays, reproductive 
     health impacts, and maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, and Agriculture, Nutrition, and Forestry of the 
     Senate and the Committees on Education and the Workforce, 
     Energy and Commerce, and Agriculture of the House of 
     Representatives a report--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.
                                 ______
                                 
  SA 3264. 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 50 percent 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 10 years after the date of enactment of the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113).
                                 ______
                                 
  SA 3265. Mr. VITTER (for himself, Mr. Kaine, and 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:

       In section 3602(d)(9), strike ``or'' at the end.
       In section 3602(d)(10), strike the period and insert a 
     semicolon.
       In section 3602(d), insert at the end the following:
       (11) establish a community college or 2-year technical 
     college-based ``Center of Excellence'' for an energy and 
     maritime workforce technical training program, such as a 
     program of a community college located in a coastal area or 
     in a shale play area of the United States; or
       (12) are located in close proximity to marine or port 
     facilities in the Gulf of Mexico, Atlantic Ocean, Pacific 
     Ocean, or Great Lakes.
                                 ______
                                 
  SA 3266. 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 end of subtitle E of title IV, add the following:

     SEC. 44__. GAO REPORT ON BUREAU OF SAFETY AND ENVIRONMENTAL 
                   ENFORCEMENT STATUTORY AND REGULATORY AUTHORITY 
                   FOR THE PROCUREMENT OF HELICOPTER FUEL.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States 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 defines the statutory 
     and regulatory authority of the Bureau of Safety and 
     Environmental Enforcement with respect to legally procuring 
     privately owned helicopter fuel, without agreement, from 
     lessees, permit holders, operators of federally leased 
     offshore facilities, or independent third parties not under 
     contract with the Bureau of Safety and Environmental 
     Enforcement or an agent of the Bureau of Safety and 
     Environmental Enforcement.
                                 ______
                                 
  SA 3267. Mr. KAINE 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__. ESTABLISHMENT OF CENTER FOR RECURRENT FLOODING.

       (a) Purpose.--The purpose of this section is to encourage 
     intergovernmental cooperation among State, local, and 
     regional units

[[Page S621]]

     of government, institutions of higher education in the 
     Commonwealth of Virginia (referred to in this section as the 
     ``Commonwealth''), and the Federal Government, in addressing 
     recurrent flooding and sea level rise in the Hampton Roads 
     region of the Commonwealth, through the Commonwealth Center 
     for Recurrent Flooding (referred to in this section as the 
     ``Center'').
       (b) Membership.--The Center shall be composed of 
     representatives of--
       (1) the counties and cities composing the Virginia Beach-
     Norfolk-Newport News Metropolitan Statistical Area;
       (2) Accomack County, Virginia;
       (3) Northampton County, Virginia;
       (4) public institutions of higher education in the 
     Commonwealth;
       (5) other participants in the missions and activities 
     described in the Hampton Roads Sea Level Rise Preparedness 
     and Resilience Intergovernmental Planning Pilot Project 
     Charter, dated October 10, 2014; and
       (6) the Federal partner agencies described in subsection 
     (c).
       (c) Federal Partner Agencies.--The Federal partner agencies 
     referred to in subsection (b)(6) are--
       (1) the Department;
       (2) the Department of Defense;
       (3) the Department of Housing and Urban Development;
       (4) the Department of the Interior;
       (5) the Department of Transportation;
       (6) the Environmental Protection Agency;
       (7) the Federal Emergency Management Agency;
       (8) the National Oceanic and Atmospheric Administration; 
     and
       (9) the National Aeronautics and Space Administration.
       (d) Federal Participation.--The Federal partner agencies 
     shall participate in the activities of the Center by--
       (1) consulting on policies, programs, studies, plans, and 
     best practices relating to recurrent flooding and sea level 
     rise in Hampton Roads, Virginia; and
       (2) making available to the Center, as appropriate, 
     physical, biological, and socioeconomic data sources that 
     facilitate informed decision-making on the activities 
     described in paragraph (1).
       (e) Effect.--Nothing in this section shall require 
     additional spending by any Federal partner agency.
                                 ______
                                 
  SA 3268. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 3192 submitted by Mr. Cassidy (for himself, 
Ms. Murkowski, Mr. Kaine, Mr. Scott, Mr. Vitter, Mr. Tillis, and Mr. 
Warner) and intended to be proposed to the 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 1 of the amendment, strike lines 5 through 7 and 
     insert the following:
     105 of the Gulf of Mexico Energy Security Act of 2006 (43 
     U.S.C. 1331 note; Public Law 109-432) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``50'' and inserting 
     ``25''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``50'' and inserting ``75'';
       (ii) in subparagraph (A)--

       (I) by striking ``75'' and inserting ``50''; and
       (II) by striking ``and'' after the semicolon;

       (iii) in subparagraph (B), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(C) 25 percent to provide financial assistance to States 
     in accordance with section 906(b) of the National Oceans and 
     Coastal Security Act (Public Law 114-113), which shall be 
     considered income to the National Oceans and Coastal Security 
     Fund for purposes of section 904 of that Act.''; and
       (2) in subsection (f), by striking paragraph (1) and 
     inserting the following:
                                 ______
                                 
  SA 3269. Ms. CANTWELL 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 385, strike line 11 and all that follows 
     through page 389, line 18, and insert the following: provide 
     notice of a plan to collect information identifying all oil 
     inventories, and other physical oil assets (including all 
     petroleum-based products and the storage of such products in 
     off-shore tankers), that are owned by the 50 largest traders 
     of oil contracts (including derivative contracts); and
       ``(B) not later than 90 days after the date on which notice 
     is provided under subparagraph (A), implement the plan 
     described in that subparagraph.
       ``(2) Information.--The plan required under paragraph (1) 
     shall include a description of the plan of the Administrator 
     for collecting company-specific data, including--
       ``(A) volumes of product under ownership; and
       ``(B) storage and transportation capacity (including owned 
     and leased capacity).
       ``(3) Protection of proprietary information.--Section 12(f) 
     of the Federal Energy Administration Act of 1974 (15 U.S.C. 
     771(f)) shall apply to information collected under this 
     subsection.
       ``(o) Collection of Information on Storage Capacity for Oil 
     and Natural Gas.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this subsection, the Administrator of the Energy 
     Information Administration shall collect information 
     quantifying the commercial storage capacity for oil and 
     natural gas in the United States.
       ``(2) Updates.--The Administrator shall update annually the 
     information required under paragraph (1).
       ``(3) Protection of proprietary information.--Section 12(f) 
     of the Federal Energy Administration Act of 1974 (15 U.S.C. 
     771(f)) shall apply to information collected under this 
     subsection.
       ``(p) Financial Market Analysis Office.--
       ``(1) Establishment.--There shall be within the Energy 
     Information Administration a Financial Market Analysis 
     Office.
       ``(2) Duties.--The Office shall--
       ``(A) be responsible for analysis of the financial aspects 
     of energy markets;
       ``(B) review the reports required by section 4503(c) of the 
     Energy Policy Modernization Act of 2016 in advance of the 
     submission of the reports to Congress; and
       ``(C) not later than 1 year after the date of enactment of 
     this subsection--
       ``(i) make recommendations to the Administrator of the 
     Energy Information Administration that identify and quantify 
     any additional resources that are required to improve the 
     ability of the Energy Information Administration to more 
     fully integrate financial market information into the 
     analyses and forecasts of the Energy Information 
     Administration;
       ``(ii) conduct a review of implications of policy changes 
     (including changes in export or import policies) and changes 
     in how crude oil and refined petroleum products are 
     transported with respect to price formation of crude oil and 
     refined petroleum products; and
       ``(iii) notify the Committee on Energy and Natural 
     Resources, the Committee on Appropriations, and the Committee 
     on Agriculture of the Senate and the Committee on Energy and 
     Commerce, the Committee on Appropriations, and the Committee 
     on Agriculture of the House of Representatives of the 
     recommendations described in clause (i).
       ``(3) Analyses.--The Administrator of the Energy 
     Information Administration shall take analyses by the Office 
     into account in conducting analyses and forecasting of energy 
     prices.''.
       (b) Conforming Amendment.--Section 645 of the Department of 
     Energy Organization Act (42 U.S.C. 7255) is amended by 
     inserting ``(15 U.S.C. 3301 et seq.) and the Natural Gas Act 
     (15 U.S.C. 717 et seq.)'' after ``Natural Gas Policy Act of 
     1978''.

     SEC. 4502. WORKING GROUP ON ENERGY MARKETS.

       (a) Establishment.--There is established a Working Group on 
     Energy Markets (referred to in this section as the ``Working 
     Group'').
       (b) Composition.--The Working Group shall be composed of--
       (1) the Secretary;
       (2) the Secretary of the Treasury;
       (3) the Chairman of the Federal Energy Regulatory 
     Commission;
       (4) the Chairman of Federal Trade Commission;
       (5) the Chairman of the Securities and Exchange Commission; 
     and
       (6) the Administrator of the Energy Information 
     Administration.
                                 ______
                                 
  SA 3270. 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:

       Beginning on page 304, strike line 11 and all that follows 
     through page 311, line 7, and insert the following:
       (b) Establishment of Coal Technology Program.--The Energy 
     Policy Act of 2005 (as amended by subsection (a)) is amended 
     by inserting after section 961 (42 U.S.C. 16291) the 
     following:

     ``SEC. 962. COAL TECHNOLOGY PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Large-scale pilot project.--The term `large-scale 
     pilot project' means a pilot project that--
       ``(A) represents the scale of technology development beyond 
     laboratory development and bench scale testing, but not yet 
     advanced to the point of being tested under real operational 
     conditions at commercial scale;
       ``(B) represents the scale of technology necessary to gain 
     the operational data needed to understand the technical and 
     performance risks of the technology before the application of 
     that technology at commercial scale or in commercial-scale 
     demonstration; and
       ``(C) is large enough--
       ``(i) to validate scaling factors; and
       ``(ii) to demonstrate the interaction between major 
     components so that control philosophies for a new process can 
     be developed and enable the technology to advance from large-
     scale pilot plant application to commercial-scale 
     demonstration or application.

[[Page S622]]

       ``(2) Net-negative carbon dioxide emissions project.--The 
     term `net-negative carbon dioxide emissions project' means a 
     project--
       ``(A) that employs a technology for thermochemical 
     coconversion of coal and biomass fuels that--
       ``(i) uses a carbon capture system; and
       ``(ii) with carbon dioxide removal, can provide 
     electricity, fuels, or chemicals with net-negative carbon 
     dioxide emissions from production and consumption of the end 
     products, while removing atmospheric carbon dioxide;
       ``(B) that will proceed initially through a large-scale 
     pilot project for which front-end engineering will be 
     performed for bituminous, subbituminous, and lignite coals; 
     and
       ``(C) through which each use of coal will be combined with 
     the use of a regionally indigenous form of biomass energy, 
     provided on a renewable basis, that is sufficient in quantity 
     to allow for net-negative emissions of carbon dioxide (in 
     combination with a carbon capture system), while avoiding 
     impacts on food production activities.
       ``(3) Program.--The term `program' means the program 
     established under subsection (b)(1).
       ``(4) Transformational technology.--
       ``(A) In general.--The term `transformational technology' 
     means a power generation technology that represents an 
     entirely new way to convert energy that will enable a step 
     change in performance, efficiency, and cost of electricity as 
     compared to the technology in existence on the date of 
     enactment of this section.
       ``(B) Inclusions.--The term `transformational technology' 
     includes a broad range of technology improvements, 
     including--
       ``(i) thermodynamic improvements in energy conversion and 
     heat transfer, including--

       ``(I) oxygen combustion;
       ``(II) chemical looping; and
       ``(III) the replacement of steam cycles with supercritical 
     carbon dioxide cycles;

       ``(ii) improvements in turbine technology;
       ``(iii) improvements in carbon capture systems technology; 
     and
       ``(iv) any other technology the Secretary recognizes as 
     transformational technology.
       ``(b) Coal Technology Program.--
       ``(1) In general.--The Secretary shall establish a coal 
     technology program to ensure the continued use of the 
     abundant, domestic coal resources of the United States 
     through the development of technologies that will 
     significantly improve the efficiency, effectiveness, costs, 
     and environmental performance of coal use.
       ``(2) Requirements.--The program shall include--
       ``(A) a research and development program;
       ``(B) large-scale pilot projects;
       ``(C) demonstration projects; and
       ``(D) net-negative carbon dioxide emissions projects.
       ``(3) Program goals and objectives.--In consultation with 
     the interested entities described in paragraph (4)(C), the 
     Secretary shall develop goals and objectives for the program 
     to be applied to the technologies developed within the 
     program, taking into consideration the following objectives:
       ``(A) Ensure reliable, low-cost power from new and existing 
     coal plants.
       ``(B) Achieve high conversion efficiencies.
       ``(C) Address emissions of carbon dioxide through high-
     efficiency platforms and carbon capture from new and existing 
     coal plants.
       ``(D) Support small-scale and modular technologies to 
     enable incremental capacity additions and load growth and 
     large-scale generation technologies.
       ``(E) Support flexible baseload operations for new and 
     existing applications of coal generation.
       ``(F) Further reduce emissions of criteria pollutants and 
     reduce the use and manage the discharge of water in power 
     plant operations.
       ``(G) Accelerate the development of technologies that have 
     transformational energy conversion characteristics.
       ``(H) Validate geological storage of large volumes of 
     anthropogenic sources of carbon dioxide and support the 
     development of the infrastructure needed to support a carbon 
     dioxide use and storage industry.
       ``(I) Examine methods of converting coal to other valuable 
     products and commodities in addition to electricity.
       ``(4) Consultations required.--In carrying out the program, 
     the Secretary shall--
       ``(A) undertake international collaborations, as 
     recommended by the National Coal Council;
       ``(B) use existing authorities to encourage international 
     cooperation; and
       ``(C) consult with interested entities, including--
       ``(i) coal producers;
       ``(ii) industries that use coal;
       ``(iii) organizations that promote coal and advanced coal 
     technologies;
       ``(iv) environmental organizations;
       ``(v) organizations representing workers; and
       ``(vi) organizations representing consumers.
       ``(c) Report.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this section, the Secretary shall submit to 
     Congress a report describing the performance standards 
     adopted under subsection (b)(3).
       ``(2) Update.--Not less frequently than once every 2 years 
     after the initial report is submitted under paragraph (1), 
     the Secretary shall submit to Congress a report describing 
     the progress made towards achieving the objectives and 
     performance standards adopted under subsection (b)(3).
       ``(d) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section, to remain available until expended--
       ``(A) for activities under the research and development 
     program component described in subsection (b)(2)(A)--
       ``(i) $275,000,000 for each of fiscal years 2017 through 
     2020; and
       ``(ii) $200,000,000 for fiscal year 2021;
       ``(B) for activities under the demonstration projects 
     program component described in subsection (b)(2)(C)--
       ``(i) $50,000,000 for each of fiscal years 2017 through 
     2020; and
       ``(ii) $75,000,000 for fiscal year 2021;
       ``(C) subject to paragraph (2), for activities under the 
     large-scale pilot projects program component described in 
     subsection (b)(2)(B), $285,000,000 for each of fiscal years 
     2017 through 2021; and
       ``(D) for activities under the net-negative carbon dioxide 
     emissions projects program component described in subsection 
     (b)(2)(D), $22,000,000 for each of fiscal years 2017 through 
     2021.
       ``(2) Cost sharing for large-scale pilot projects.--
     Activities under subsection (b)(2)(B) shall be subject to the 
     cost-sharing requirements of section 988(b).''.
                                 ______
                                 
  SA 3271. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 3044 submitted by Mr. Manchin and intended to be 
proposed to the 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 8 of the amendment, strike line 9 and all 
     that follows through the end of the amendment and insert the 
     following:
       ``(d) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section, to remain available until expended--
       ``(A) for activities under the research and development 
     program component described in subsection (b)(2)(A)--
       ``(i) $275,000,000 for each of fiscal years 2017 through 
     2020; and
       ``(ii) $200,000,000 for fiscal year 2021;
       ``(B) for activities under the demonstration projects 
     program component described in subsection (b)(2)(C)--
       ``(i) $50,000,000 for each of fiscal years 2017 through 
     2020; and
       ``(ii) $75,000,000 for fiscal year 2021;
       ``(C) subject to paragraph (2), for activities under the 
     large-scale pilot projects program component described in 
     subsection (b)(2)(B), $285,000,000 for each of fiscal years 
     2017 through 2021; and
       ``(D) for activities under the net-negative carbon dioxide 
     emissions projects program component described in subsection 
     (b)(2)(D), $22,000,000 for each of fiscal years 2017 through 
     2021.
       ``(2) Cost sharing for large-scale pilot projects.--
     Activities under subsection (b)(2)(B) shall be subject to the 
     cost-sharing requirements of section 988(b).''.
                                 ______
                                 
  SA 3272. Ms. CANTWELL 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.
                                 ______
                                 
  SA 3273. Ms. CANTWELL 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 3009.
                                 ______
                                 
  SA 3274. Ms. CANTWELL 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 2303.
                                 ______
                                 
  SA 3275. Ms. CANTWELL 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 1004.

                                 ______
                                 
  SA 3276. Ms. CANTWELL submitted an amendment intended to be proposed

[[Page S623]]

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 2303.
       Strike section 3009.
       Strike section 3017.
                                 ______
                                 
  SA 3277. Ms. CANTWELL 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 1004.
       Strike section 2303.
       Strike section 3009.
       Strike section 3017.
                                 ______
                                 
  SA 3278. Mr. McCONNELL (for Mr. Rubio (for himself and Mr. Cardin)) 
proposed an amendment to the bill H.R. 907, to improve defense 
cooperation between the United States and the Hashemite Kingdom of 
Jordan; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States-Jordan Defense 
     Cooperation Act of 2015''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) As of January 22, 2015, the United States Government 
     has provided $3,046,343,000 in assistance to respond to the 
     Syria humanitarian crisis, of which nearly $467,000,000 has 
     been provided to the Hashemite Kingdom of Jordan.
       (2) As of January 2015, according to the United Nations 
     High Commissioner for Refugees, there were 621,937 registered 
     Syrian refugees in Jordan and 83.8 percent of whom lived 
     outside refugee camps.
       (3) In 2000, the United States and Jordan signed a free-
     trade agreement that went into force in 2001.
       (4) In 1996, the United States granted Jordan major non-
     NATO ally status.
       (5) Jordan is suffering from the Syrian refugee crisis and 
     the threat of the Islamic State of Iraq and the Levant 
     (ISIL).
       (6) The Government of Jordan was elected as a non-permanent 
     member of the United Nations Security Council for a 2-year 
     term ending in December 2015.
       (7) Enhanced support for defense cooperation with Jordan is 
     important to the national security of the United States, 
     including through creation of a status in law for Jordan 
     similar to the countries in the North Atlantic Treaty 
     Organization, Japan, Australia, the Republic of Korea, 
     Israel, and New Zealand, with respect to consideration by 
     Congress of foreign military sales to Jordan.
       (8) The Colorado National Guard's relationship with the 
     Jordanian military provides a significant benefit to both the 
     United States and Jordan.
       (9) Jordanian pilot Moaz al-Kasasbeh was brutally murdered 
     by ISIL.
       (10) On February 3, 2015, Secretary of State John Kerry and 
     Jordanian Foreign Minister Nasser Judeh signed a new 
     Memorandum of Understanding that reflects the intention to 
     increase United States assistance to the Government of Jordan 
     from $660,000,000 to $1,000,000,000 for each of the years 
     2015 through 2017.
       (11) On December 5, 2014, in an interview on CBS This 
     Morning, Jordanian King Abdullah II stated--
       (A) in reference to ISIL, ``This is a Muslim problem. We 
     need to take ownership of this. We need to stand up and say 
     what is wrong''; and
       (B) ``This is our war. This is a war inside Islam. So we 
     have to own up to it. We have to take the lead. We have to 
     start fighting back.''.

     SEC. 3. STATEMENT OF POLICY.

       It should be the policy of the United States--
       (1) to support the Hashemite Kingdom of Jordan in its 
     response to the Syrian refugee crisis;
       (2) to provide necessary assistance to alleviate the 
     domestic burden to provide basic needs for the assimilated 
     Syrian refugees;
       (3) to cooperate with Jordan to combat the terrorist threat 
     from the Islamic State of Iraq and the Levant (ISIL) or other 
     terrorist organizations; and
       (4) to help secure the border between Jordan and its 
     neighbors Syria and Iraq.

     SEC. 4. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) expeditious consideration of certifications of letters 
     of offer to sell defense articles, defense services, design 
     and construction services, and major defense equipment to the 
     Hashemite Kingdom of Jordan under section 36(b) of the Arms 
     Export Control Act (22 U.S.C. 2776(b)) is fully consistent 
     with United States security and foreign policy interests and 
     the objectives of world peace and security;
       (2) Congress welcomes the statement of King Abdullah II 
     quoted in section (2)(11); and
       (3) it is in the interest of peace and stability for 
     regional members of the Global Coalition to Combat ISIL to 
     continue their commitment to, and increase their involvement 
     in, addressing the threat posed by ISIL.

     SEC. 5. ENHANCED DEFENSE COOPERATION.

       (a) In General.--During the 3-year period beginning on the 
     date of the enactment of this Act, the Hashemite Kingdom of 
     Jordan shall be treated as if it were a country listed in the 
     provisions of law described in subsection (b) for purposes of 
     applying and administering such provisions of law.
       (b) Arms Export Control Act.--The provisions of law 
     described in this subsection are--
       (1) subsections (b)(2), (d)(2)(B), (d)(3)(A)(i), and (d)(5) 
     of section 3 of the Arms Export Control Act (22 U.S.C. 2753);
       (2) subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section 
     21 of such Act (22 U.S.C. 2761);
       (3) subsections (b)(1), (b)(2), (b)(6), (c), and (d)(2)(A) 
     of section 36 of such Act (22 U.S.C. 2776);
       (4) section 62(c)(1) of such Act (22 U.S.C. 2796a(c)(1)); 
     and
       (5) section 63(a)(2) of such Act (22 U.S.C. 2796b(a)(2)).

     SEC. 6. MEMORANDUM OF UNDERSTANDING.

       Subject to the availability of appropriations, the 
     Secretary of State is authorized to enter into a memorandum 
     of understanding with the Hashemite Kingdom of Jordan to 
     increase economic support funds, military cooperation, 
     including joint military exercises, personnel exchanges, 
     support for international peacekeeping missions, and enhanced 
     strategic dialogue.
                                 ______
                                 
  SA 3279. Ms. MURKOWSKI (for Mr. Lee (for himself and Mrs. Murray)) 
proposed an amendment to the bill H.R. 3033, to require the President's 
annual budget request to Congress each year to include a line item for 
the Research in Disabilities Education program of the National Science 
Foundation and to require the National Science Foundation to conduct 
research on dyslexia; as follows:
       Strike section 4 of the bill and insert the following:

     SEC. 4. DYSLEXIA.

       (a) In General.--Consistent with subsection (c), the 
     National Science Foundation shall support multi-directorate, 
     merit-reviewed, and competitively awarded research on the 
     science of specific learning disability, including dyslexia, 
     such as research on the early identification of children and 
     students with dyslexia, professional development for teachers 
     and administrators of students with dyslexia, curricula and 
     educational tools needed for children with dyslexia, and 
     implementation and scaling of successful models of dyslexia 
     intervention. Research supported under this subsection shall 
     be conducted with the goal of practical application.
       (b) Awards.--To promote development of early career 
     researchers, in awarding funds under subsection (a) the 
     National Science Foundation shall prioritize applications for 
     funding submitted by early career researchers.
       (c) Coordination.--To prevent unnecessary duplication of 
     research, activities under this Act shall be coordinated with 
     similar activities supported by other Federal agencies, 
     including research funded by the Institute of Education 
     Sciences and the National Institutes of Health.
       (d) Funding.--The National Science Foundation shall devote 
     not less than $5,000,000 to research described in subsection 
     (a), which shall include not less than $2,500,000 for 
     research on the science of dyslexia, for each of fiscal years 
     2017 through 2021, subject to the availability of 
     appropriations, to come from amounts made available for the 
     Research and Related Activities account or the Education and 
     Human Resources Directorate under subsection (e). This 
     section shall be carried out using funds otherwise 
     appropriated by law after the date of enactment of this Act.
       (e) Authorization.--For each of fiscal years 2016 through 
     2021, there are authorized out of funds appropriated to the 
     National Science Foundation, $5,000,000 to carry out the 
     activities described in subsection (a).

     SEC. 5. DEFINITION OF SPECIFIC LEARNING DISABILITY.

       In this Act, the term ``specific learning disability''--
       (1) means a disorder in 1 or more of the basic 
     psychological processes involved in understanding or in using 
     language, spoken or written, which disorder may manifest 
     itself in the imperfect ability to listen, think, speak, 
     read, write, spell, or do mathematical calculations;
       (2) includes such conditions as perceptual disabilities, 
     brain injury, minimal brain dysfunction, dyslexia, and 
     developmental aphasia; and
       (3) does not include a learning problem that is primarily 
     the result of visual, hearing, or motor disabilities, of 
     intellectual disability, of emotional disturbance, or of 
     environmental, cultural, or economic disadvantage.

                          ____________________