[Congressional Record Volume 162, Number 60 (Tuesday, April 19, 2016)]
[Senate]
[Pages S2145-S2191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY POLICY MODERNIZATION ACT OF 2015
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of S. 2012, which the clerk will report.
The senior assistant legislative clerk read as follows:
A bill (S. 2012) to provide for the modernization of the
energy policy of the United States, and for other purposes.
Pending:
Murkowski amendment No. 2953, in the nature of a
substitute.
Murkowski (for Cassidy/Markey) amendment No. 2954 (to
amendment No. 2953), to provide for certain increases in, and
limitations on, the drawdown and sales of the Strategic
Petroleum Reserve.
Murkowski amendment No. 2963 (to amendment No. 2953), to
modify a provision relating to bulk-power system reliability
impact statements.
The PRESIDING OFFICER. The Senator from Alaska.
Amendments Nos. 3276; 3302, as modified; 3055; 3050; 3237; 3308; 3286,
as modified; 3075; 3168; 3292, as modified; 3155; 3270; 3313, as
modified; 3214; 3266; 3310; 3317; 3265, as modified; 3012; 3290; 3004;
3233, as modified; 3239; 3221; 3203; 3309, as modified; 3229; 3251; and
2963 to amendment No. 2953
Ms. MURKOWSKI. Mr. President, I call up the following amendments en
bloc and ask that they be reported by number and be considered en bloc,
along with amendment No. 2963, offered by Senator Murkowski: Cantwell
amendment No. 3276; Klobuchar amendment No. 3302, as modified; Flake
amendment No. 3055; Flake amendment No. 3050; Hatch amendment No. 3237;
Murkowski amendment No. 3308; Heller amendment No. 3286, as modified;
Vitter amendment No. 3075; Portman amendment No. 3168; Shaheen
amendment No. 3292, as modified; Heinrich amendment No. 3155; Manchin
amendment No. 3270; Cantwell amendment No. 3313, as modified; Cantwell
amendment No. 3214; Vitter amendment No. 3266; Sullivan amendment No.
3310; Heinrich amendment No. 3317; Vitter amendment No. 3265, as
modified; Kaine amendment No. 3012; Alexander amendment No. 3290;
Gillibrand amendment No. 3004; Warner amendment No. 3233, as modified;
Thune amendment No. 3239; Udall amendment No. 3221; Coons amendment No.
3203; Portman amendment No. 3309, as modified; Flake amendment No.
3229; and Inhofe amendment No. 3251.
The PRESIDING OFFICER. The clerk will report the amendments by
number.
The senior assistant legislative clerk read as follows:
The Senator from Alaska [Ms. Murkowski], for herself and
others, proposes amendments numbered 3276; 3302, as modified;
3055; 3050; 3237; 3308; 3286, as modified; 3075; 3168; 3292,
as modified; 3155; 3270; 3313, as modified; 3214; 3266; 3310;
3317; 3265, as modified; 3012; 3290; 3004; 3233, as modified;
3239; 3221; 3203; 3309, as modified; 3229; and 3251 en bloc
to amendment No. 2953.
The amendments are as follows:
amendment no. 3276
(Purpose: To strike certain provisions relating to technology
demonstration on the distribution system, large-scale geothermal
energy, and bio-power initiatives)
Strike section 2303.
Strike section 3009.
Strike section 3017.
amendment no. 3302, as modified
(Purpose: To modify provisions relating to the energy efficiency
materials pilot program)
Beginning on page 37, strike line 16 and all that follows
through page 41, line 14 and insert the following:
SEC. 1004. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
[[Page S2146]]
(2) Energy-efficiency materials.--
(A) In general.--The term ``energy-efficiency materials''
means a measure (including a product, equipment, or system)
that results in a reduction in use by a nonprofit
organization for energy or fuel supplied from outside the
nonprofit building.
(B) Inclusions.--The term ``energy-efficiency materials''
includes an item involving--
(i) a roof or lighting system, or component of a roof or
lighting system;
(ii) a window;
(iii) a door, including a security door; or
(iv) a heating, ventilation, or air conditioning system or
component of the system (including insulation and wiring and
plumbing materials needed to serve a more efficient system);
and
(v) a renewable energy generation or heating system,
including a solar, photovoltaic, wind, geothermal, or biomass
(including wood pellet) system or component of the system.
(3) Nonprofit building.--
(A) In general.--The term ``nonprofit building'' means a
building operated and owned by a nonprofit organization.
(B) Inclusions.--The term ``nonprofit building'' includes a
building described in subparagraph (A) that is--
(i) a hospital;
(ii) a youth center;
(iii) a school;
(iv) a social-welfare program facility;
(v) a faith-based organization; and
(vi) any other nonresidential and noncommercial structure.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot
program to award grants for the purpose of providing
nonprofit buildings with energy-efficiency materials.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
this section if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under this section, the Secretary shall apply
performance-based criteria, which shall give priority to
applications based on--
(A) the energy savings achieved;
(B) the cost-effectiveness of the use of energy-efficiency
materials;
(C) an effective plan for evaluation, measurement, and
verification of energy savings; and
(D) the financial need of the applicant.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed $200,000.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2016 through 2020, to remain available
until expended.
amendment no. 3055
(Purpose: To establish a pilot project relating to the Western Area
Power Administration)
At the appropriate place, insert the following:
SEC. ____. WESTERN AREA POWER ADMINISTRATION PILOT PROJECT.
(a) In General.--The Administrator of the Western Area
Power Administration (referred to in this section as the
``Administrator'') shall establish a pilot project, as part
of the continuous process improvement program and to provide
increased transparency for customers, to publish on a
publicly available website of the Western Area Power
Administration, a searchable database of the following
information, beginning with fiscal year 2008, relating to the
Western Area Power Administration:
(1) By power system, rates charged to customers for power
and transmission service.
(2) By power system, the amount of capacity or energy sold.
(3) By region, a detailed accounting of the allocation of
budget authority, including--
(A) overhead costs;
(B) the number of contractors; and
(C) the number of full-time equivalents.
(4) For the corporate services office, a detailed
accounting of the allocation of budget authority, including--
(A) overhead costs;
(B) the number of contractors;
(C) the number of full-time equivalents; and
(D) expenses charged to other Federal agencies or programs
for the administration of programs not related to the
marketing, transmission, or wheeling of Federal hydropower
resources, including--
(i) overhead costs;
(ii) the number of contractors; and
(iii) the number of full-time equivalents.
(5) Capital expenditures, including--
(A) capital investments delineated by the year in which
each investment is placed into service; and
(B) the sources of capital for each investment.
(b) Report.--Not less than once each year for the duration
of the pilot project under this section, the Administrator
shall submit to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives a report that--
(1) describes the annual estimated avoided costs and the
savings as a result of the pilot project under this section;
and
(2) includes a certification from the Administrator that--
(A) the rates for each power system do not recover costs
and expenses recovered by other power systems; and
(B) each expense allocated by the corporate services office
to an individual power system is only recovered once.
(c) Termination.--The pilot project under this section
shall terminate on the date that is 10 years after the date
of enactment of this Act.
amendment no. 3050
(Purpose: To require the Secretary of Energy to make available certain
information about research grants of the Department of Energy.)
At the end of subtitle E of title IV, add the following:
SEC. 4405. RESEARCH GRANTS DATABASE.
(a) In General.--The Secretary shall establish and maintain
a public database, accessible on the website of the
Department, that contains a searchable listing of every
unclassified research and development project contract,
grant, cooperative agreement, task order for federally funded
research and development centers, or other transaction
administered by the Department.
(b) Classified Projects.--Each year, the Secretary shall
submit to the relevant committees of Congress a report that
lists every classified project of the Department, including
all relevant details of the projects.
(c) Requirements.--Each listing described in subsections
(a) and (b) shall include, at a minimum, for each listed
project, the component carrying out the project, the project
name, an abstract or summary of the project, funding levels,
project duration, contractor or grantee name, and expected
objectives and milestones.
(d) Relevant Literature and Patents.--To the maximum extent
practicable, the Secretary shall provide information through
the public database established under subsection (a) on
relevant literature and patents that are associated with each
research and development project contract, grant, or
cooperative agreement, or other transaction, of the
Department.
amendment no. 3237
(Purpose: To require the Secretary of the Interior to submit
recommendations to Congress on incorporating Internet-based lease sales
for the sale of Federal oil and gas in certain circumstances)
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.
amendment no. 3308
(Purpose: To clarify certain provisions relating to the natural gas
pipeline authorized in the Denali National Park and Preserve)
At the end of subtitle B of title III, add the following:
SEC. 31___. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS
PIPELINE.
(a) Permit.--Section 3(b)(1) of the Denali National Park
Improvement Act (Public Law 113-33; 127 Stat. 516) is amended
by striking ``within, along, or near the approximately 7-mile
segment of the George Parks Highway that runs through the
Park''.
(b) Terms and Conditions.--Section 3(c)(1) of the Denali
National Park Improvement Act (Public Law 113-33; 127 Stat.
516) is amended--
(1) in subparagraph (A), by inserting ``and'' after the
semicolon;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
(c) Applicable Law.--Section 3 of the Denali National Park
Improvement Act (Public Law 113-33; 127 Stat. 515) is amended
by adding at the end the following:
``(d) Applicable Law.--A high pressure gas transmission
pipeline (including appurtenances) in a nonwilderness area
within the boundary of the Park, shall not be subject to
title XI of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3161 et seq.).''.
amendment no. 3286, as modified
(Purpose: To promote the development of renewable energy on public
land)
On page 244, between lines 13 and 14, insert the following:
Subpart B--Development of Geothermal, Solar, and Wind Energy on Public
Land
SEC. 3011A. DEFINITIONS.
In this subpart:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public land administered by the Secretary; and
(B) not excluded from the development of geothermal, solar,
or wind energy under--
(i) a land use plan established under the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
or
(ii) other Federal law.
[[Page S2147]]
(2) Exclusion area.--The term ``exclusion area'' means
covered land that is identified by the Bureau of Land
Management as not suitable for development of renewable
energy projects.
(3) Priority area.--The term ``priority area'' means
covered land identified by the land use planning process of
the Bureau of Land Management as being a preferred location
for a renewable energy project.
(4) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(5) Renewable energy project.--The term ``renewable energy
project'' means a project carried out on covered land that
uses wind, solar, or geothermal energy to generate energy.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area; and
(B) not a priority area.
SEC. 3011B. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC
ENVIRONMENTAL IMPACT STATEMENTS.
(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on
covered land for geothermal, solar, and wind energy projects.
(2) Deadline.--
(A) Geothermal energy.--For geothermal energy, the
Secretary shall establish priority areas as soon as
practicable, but not later than 5 years, after the date of
enactment of this Act.
(B) Solar energy.--For solar energy, the solar energy zones
established by the 2012 western solar plan of the Bureau of
Land Management shall be considered to be priority areas for
solar energy projects.
(C) Wind energy.--For wind energy, the Secretary shall
establish priority areas as soon as practicable, but not
later than 3 years, after the date of enactment of this Act.
(b) Variance Areas.--To the maximum extent practicable,
variance areas shall be considered for renewable energy
project development, consistent with the principles of
multiple use as defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(c) Review and Modification.--Not less frequently than once
every 10 years, the Secretary shall--
(1) review the adequacy of land allocations for geothermal,
solar, and wind energy priority and variance areas for the
purpose of encouraging new renewable energy development
opportunities; and
(2) based on the review carried out under paragraph (1),
add, modify, or eliminate priority, variance, and exclusion
areas.
(d) Compliance With the National Environmental Policy
Act.--For purposes of this section, compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) shall be accomplished--
(1) for geothermal energy, by supplementing the October
2008 final programmatic environmental impact statement for
geothermal leasing in the western United States;
(2) for solar energy, by supplementing the July 2012 final
programmatic environmental impact statement for solar energy
projects; and
(3) for wind energy, by supplementing the July 2005 final
programmatic environmental impact statement for wind energy
projects.
(e) No Effect on Processing Applications.--A requirement to
prepare a supplement to a programmatic environmental impact
statement under this section shall not result in any delay in
processing an application for a renewable energy project.
(f) Coordination.--In developing a supplement required by
this section, the Secretary shall coordinate, on an ongoing
basis, with appropriate State, tribal, and local governments,
transmission infrastructure owners and operators, developers,
and other appropriate entities to ensure that priority areas
identified by the Secretary are--
(1) economically viable (including having access to
transmission);
(2) likely to avoid or minimize conflict with habitat for
animals and plants, recreation, and other uses of covered
land; and
(3) consistent with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section.
(g) Removal From Classification.--In carrying out
subsections (a), (c), and (d), if the Secretary determines an
area previously suited for development should be removed from
priority or variance classification, not later than 90 days
after the date of the determination, the Secretary shall
submit to Congress a report on the determination.
SEC. 3011C. ENVIRONMENTAL REVIEW ON COVERED LAND.
(a) In General.--If the Secretary determines that a
proposed renewable energy project has been sufficiently
analyzed by a programmatic environmental impact statement
conducted under section 3011B(d), the Secretary shall not
require any additional review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Additional Environmental Review.--If the Secretary
determines that additional environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) is necessary for a proposed renewable energy project,
the Secretary shall rely on the analysis in the programmatic
environmental impact statement conducted under section
3011B(d), to the maximum extent practicable when analyzing
the potential impacts of the project.
(c) Relationship to Other Law.--Nothing in this section
modifies or supersedes any requirement under applicable law,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 3011D. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT
PERMIT COORDINATION.
(a) Establishment.--The Secretary shall establish a program
to improve Federal permit coordination with respect to
renewable energy projects on covered land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section,
including to specifically expedite the environmental analysis
of applications for projects proposed in a variance area,
with--
(A) the Secretary of Agriculture; and
(B) the Assistant Secretary of the Army for Civil Works.
(2) State participation.--The Secretary may request the
Governor of any interested State to be a signatory to the
memorandum of understanding under paragraph (1).
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 90 days after the date on
which the memorandum of understanding under subsection (b) is
executed, all Federal signatories, as appropriate, shall
identify for each of the Bureau of Land Management Renewable
Energy Coordination Offices an employee who has expertise in
the regulatory issues relating to the office in which the
employee is employed, including, as applicable, particular
expertise in--
(A) consultation regarding, and preparation of, biological
opinions under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water Pollution
Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42 U.S.C.
7401 et seq.);
(D) planning under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a);
(E) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(F) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
and
(G) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) be responsible for addressing all issues relating to
the jurisdiction of the home office or agency of the
employee; and
(B) participate as part of the team of personnel working on
proposed energy projects, planning, monitoring, inspection,
enforcement, and environmental analyses.
(d) Additional Personnel.--The Secretary may assign
additional personnel for the renewable energy coordination
offices as are necessary to ensure the effective
implementation of any programs administered by those offices,
including inspection and enforcement relating to renewable
energy project development on covered land, in accordance
with the multiple use mandate of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) Renewable Energy Coordination Offices.--In implementing
the program established under this section, the Secretary may
establish additional renewable energy coordination offices or
temporarily assign the qualified staff described in
subsection (c) to a State, district, or field office of the
Bureau of Land Management to expedite the permitting of
renewable energy projects, as the Secretary determines to be
necessary.
(f) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of enactment of this
Act, and each February 1 thereafter, the Secretary 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 describing the progress
made pursuant to the program under this subpart during the
preceding year.
(2) Inclusions.--Each report under this subsection shall
include--
(A) projections for renewable energy production and
capacity installations; and
(B) a description of any problems relating to leasing,
permitting, siting, or production.
SEC. 3011E. SAVINGS CLAUSE.
Nothing in this subpart establishes--
(1) a priority or preference for the development of
renewable energy projects on public land over other energy-
related or mineral projects or other uses of public land; or
(2) an exception to the requirement that public land be
managed consistent with the principle of multiple use (as
defined in section of section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702)).
On page 244, line 14, strike ``Subpart B'' and insert
``Subpart C''.
amendment no. 3075
(Purpose: To require the Bureau of Safety and Environmental Enforcement
to review the economic impact of a rule on small entities)
At the appropriate place, insert the following:
[[Page S2148]]
SEC. __. REVIEW OF ECONOMIC IMPACT OF BSEE RULE ON SMALL
ENTITIES.
(a) Definitions.--In this section--
(1) the term ``BSEE'' means the Bureau of Safety and
Environmental Enforcement;
(2) the term ``Chief Counsel'' means the Chief Counsel for
Advocacy of the Small Business Administration;
(3) the term ``covered proposed rule'' means the proposed
rule of the BSEE entitled ``Oil and Gas and Sulphur
Operations in the Outer Continental Shelf--Blowout Preventer
Systems and Well Control'' (80 Fed. Reg. 21504 (April 17,
2015)); and
(4) the term ``small entity'' has the meaning given the
term in section 601 of title 5, United States Code.
(b) Requirement to Conduct Review.--
(1) In general.--If the BSEE issues a final rule for the
covered proposed rule, then not later than 1 year after the
effective date of the final rule the BSEE, in consultation
with the Chief Counsel, shall complete a review of the final
rule under section 610 of title 5, United States Code.
(2) Assessment of economic impact.--In conducting the
review required under paragraph (1), the BSEE, in
consultation with the Chief Counsel, shall assess the
economic impact of the final rule on small entities in the
oil and gas supply chain.
(3) Report.--Not later than 180 days after the date on
which the review is completed under this subsection, the
BSEE, in consultation with the Chief Counsel, shall submit to
Congress a report on the findings of the review.
amendment no. 3168
(Purpose: To exclude power supply circuits, drivers, and devices
designed to be connected to, and power, light-emitting diodes or
organic light-emitting diodes providing illumination or ceiling fans
using direct current motors from energy conservation standards for
external power supplies)
At the appropriate place, insert the following:
SEC. ____. APPLICATION OF ENERGY CONSERVATION STANDARDS TO
CERTAIN EXTERNAL POWER SUPPLIES.
(a) Definition of External Power Supply.--Section
321(36)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6291(36)(A)) is amended--
(1) by striking the subparagraph designation and all that
follows through ``The term'' and inserting the following:
``(A) External power supply.--
``(i) In general.--The term''; and
(2) by adding at the end the following:
``(ii) Exclusion.--The term `external power supply' does
not include a power supply circuit, driver, or device that is
designed exclusively to be connected to, and power--
``(I) light-emitting diodes providing illumination;
``(II) organic light-emitting diodes providing
illumination; or
``(III) ceiling fans using direct current motors.''.
(b) Standards for Lighting Power Supply Circuits.--
(1) Definition.--Section 340(2)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(2)(B)) is amended by
striking clause (v) and inserting the following:
``(v) electric lights and lighting power supply
circuits;''.
(2) Energy conservation standard for certain equipment.--
Section 342 of the Energy Policy and Conservation Act (42
U.S.C. 6313) is amended by adding at the end the following:
``(g) Lighting Power Supply Circuits.--If the Secretary,
acting pursuant to section 341(b), includes as a covered
equipment solid state lighting power supply circuits,
drivers, or devices described in section 321(36)(A)(ii), the
Secretary may prescribe under this part, not earlier than 1
year after the date on which a test procedure has been
prescribed, an energy conservation standard for such
equipment.''.
(c) Technical Corrections.--
(1) Section 321(6)(B) of the Energy Policy and Conservation
Act (42 U.S.C. 6291(6)(B)) is amended by striking ``(19)''
and inserting ``(20)''.
(2) Section 324 of the Energy Policy and Conservation Act
(42 U.S.C. 6294) is amended by striking ``(19)'' each place
it appears in each of subsections (a)(3), (b)(1)(B), (b)(3),
and (b)(5) and inserting ``(20)''.
(3) Section 325(l) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph
(19)'' each place it appears and inserting ``paragraph
(20)''.
amendment no. 3292, as modified
(Purpose: To reduce barriers to combined heat and power systems and
waste heat to power systems)
At the end of subtitle D of title II, add the following:
SEC. 23__. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS
AND WASTE HEAT TO POWER SYSTEMS.
(a) Definitions.--In this section:
(1) Additional services.--The term ``additional services''
means the provision of supplementary power, backup or standby
power, maintenance power, or interruptible power to an
electric consumer by an electric utility.
(2) Waste heat to power system.--
(A) In general.--The term ``waste heat to power system''
means a system that generates electricity through the
recovery of waste energy.
(B) Exclusion.--The term ``waste heat to power system''
does not include a system that generates electricity through
the recovery of a heat resource from a process the primary
purpose of which is the generation of electricity using a
fossil fuel.
(3) Other terms.--
(A) PURPA.--The terms ``electric consumer'', ``electric
utility'', ``interconnection service'', ``nonregulated
electric utility'', and ``State regulatory authority'' have
the meanings given those terms in the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.),
within the meaning of title I of that Act (16 U.S.C. 2611 et
seq.).
(B) EPCA.--The terms ``combined heat and power system'' and
``waste energy'' have the meanings given those terms in
section 371 of the Energy Policy and Conservation Act (42
U.S.C. 6341).
(b) Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Federal Energy Regulatory Commission and other
appropriate entities, shall review existing rules and
procedures relating to interconnection service and additional
services throughout the United States for electric generation
with nameplate capacity up to 20 megawatts to identify
barriers to the deployment of combined heat and power systems
and waste heat to power systems.
(2) Inclusion.--The review under this subsection shall
include a review of existing rules and procedures relating
to--
(A) determining and assigning costs of interconnection
service and additional services; and
(B) ensuring adequate cost recovery by an electric utility
for interconnection service and additional services.
(c) Model Guidance.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with
the Federal Energy Regulatory Commission and other
appropriate entities, shall issue model guidance for
interconnection service and additional services for use by
State regulatory authorities and nonregulated electric
utilities to reduce the barriers identified under subsection
(b)(1).
(2) Current best practices.--The model guidance issued
under this subsection shall reflect, to the maximum extent
practicable, current best practices to encourage the
deployment of combined heat and power systems and waste heat
to power systems while ensuring the safety and reliability of
the interconnected units and the distribution and
transmission networks to which the units connect, including--
(A) relevant current standards developed by the Institute
of Electrical and Electronic Engineers; and
(B) model codes and rules adopted by--
(i) States; or
(ii) associations of State regulatory agencies.
(3) Factors for consideration.--In establishing the model
guidance under this subsection, the Secretary shall take into
consideration--
(A) the appropriateness of using standards or procedures
for interconnection service that vary based on unit size,
fuel type, or other relevant characteristics;
(B) the appropriateness of establishing fast-track
procedures for interconnection service;
(C) the value of consistency with Federal interconnection
rules established by the Federal Energy Regulatory Commission
as of the date of enactment of this Act;
(D) the best practices used to model outage assumptions and
contingencies to determine fees or rates for additional
services;
(E) the appropriate duration, magnitude, or usage of demand
charge ratchets;
(F) potential alternative arrangements with respect to the
procurement of additional services, including--
(i) contracts tailored to individual electric consumers for
additional services;
(ii) procurement of additional services by an electric
utility from a competitive market; and
(iii) waivers of fees or rates for additional services for
small electric consumers; and
(G) outcomes such as increased electric reliability, fuel
diversification, enhanced power quality, and reduced electric
losses that may result from increased use of combined heat
and power systems and waste heat to power systems.
amendment no. 3155
(Purpose: To ensure that minority serving-institutions are considered
in developing a strategy for the support and development of a skilled
energy workforce, and to ensure the Secretary of Energy shall provide
direct assistance in carrying out the energy workforce pilot grant
program)
On page 320, between lines 2 and 3, insert the following:
(f) Outreach to Minority-serving Institutions.--In
developing the strategy under subsection (a), the Board
shall--
(1) give special consideration to increasing outreach to
minority-serving institutions (including historically black
colleges and universities, predominantly black institutions,
Hispanic serving institutions, and tribal institutions);
(2) make resources available to minority-serving
institutions with the objective of increasing the number of
skilled minorities and women trained to go into the energy
and manufacturing sectors; and
(3) encourage industry to improve the opportunities for
students of minority-serving
[[Page S2149]]
institutions to participate in industry internships and
cooperative work-study programs.
On page 320, line 3, strike ``(f)'' and insert ``(g)''.
On page 324, strike line 9 and insert the following:
(j) Direct Assistance.--In awarding grants under this
section, the Secretary shall provide direct assistance
(including technical expertise, wraparound services, career
coaching, mentorships, internships, and partnerships) to
entities that receive a grant under this section.
(k) Technical Assistance.--The Secretary shall
On page 324, line 14, strike ``(k)'' and insert ``(l)''.
On page 325, line 3, strike ``(l)'' and insert ``(m)''.
amendment no. 3270
(Purpose: To modify provisions relating to the coal technology program)
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.
``(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).''.
AMENDMENT NO. 3313, as Modified
(Purpose: To express the sense of the Senate on accelerating energy
innovation)
At the end of subtitle C of title IV, add the following:
SEC. 42__. SENSE OF THE SENATE ON ACCELERATING ENERGY
INNOVATION.
It is the sense of the Senate that--
(1) although important progress has been made in cost
reduction and deployment of clean energy technologies,
accelerating clean energy innovation will help meet critical
competitiveness, energy security, and environmental goals;
(2) 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));
(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; and
(C) recognizing the financial constraints of the
Department, regularly reviewing clean energy programs to
ensure that taxpayer investments are maximized;
(3) the energy supply, demand, policies, markets, and
resource options of the United States vary by geographic
region;
[[Page S2150]]
(4) 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; and
(5) Congress, the Secretary, and energy industry
participants should advance efforts that promote
international, domestic, and regional cooperation on the
research and development of energy innovations that--
(A) provide clean, affordable, and reliable energy for
everyone;
(B) promote economic growth;
(C) are critical for energy security; and
(D) are sustainable without government support.
AMENDMENT NO. 3214
(Purpose: To proved for improved energy emergency response efforts of
the Department of Energy)
At the end of subtitle E of title IV, add the following:
SEC. 44___. ENERGY EMERGENCY RESPONSE EFFORTS OF THE
DEPARTMENT.
(a) Congressional Declaration of Purpose.--Section 102 of
the Department of Energy Organization Act (42 U.S.C. 7112) is
amended by adding at the end the following:
``(20) To facilitate the development and implementation of
a strategy for responding to energy infrastructure and supply
emergencies through--
``(A) continuously monitoring and publishing information on
the energy delivery and supply infrastructure of the United
States, including electricity, liquid fuels, natural gas, and
coal;
``(B) managing Federal strategic energy reserves;
``(C) advising national leadership during emergencies on
ways to respond to and minimize energy disruptions; and
``(D) working with Federal agencies and State and local
governments--
``(i) to enhance energy emergency preparedness; and
``(ii) to respond to and mitigate energy emergencies.''.
(b) Under Secretary for Science and Energy.--Section
202(b)(4) of the Department of Energy Organization Act (42
U.S.C. 7132(b)(4)) (as amended by section 4404(a)(3)) is
amended, in subparagraph (B), by inserting ``and applied
energy'' before ``programs of the''.
(c) Responsibilities of Assistant Secretaries.--Section
203(a) of the Department of Energy Organization Act (42
U.S.C. 7133(a)) is amended by adding at the end the
following:
``(12) Emergency response functions, including assistance
in the prevention of, or in the response to, an emergency
disruption of energy supply, transmission, and
distribution.''.
AMENDMENT NO. 3266
(Purpose: To require the Comptroller General of the United States to
prepare a report relating to the statutory and regulatory authority of
the Bureau of Safety and Environmental Enforcement relating to the
legal procurement of privately owned helicopter fuel, without
agreement, from lessees, permit holders, operators of federally leased
offshore facilities, or independent third parties)
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.
AMENDMENT NO. 3310
(Purpose: To provide for the correction of a survey of certain land in
the State of Alaska)
At the end of subtitle E of title IV, add the following:
SEC. 44___. CONVEYANCE OF FEDERAL LAND WITHIN THE SWAN LAKE
HYDROELECTRIC PROJECT BOUNDARY.
Not later than 18 months after the date of enactment of
this Act, the Secretary of the Interior, after consultation
with the Secretary of Agriculture, shall--
(1) survey the exterior boundaries of the tract of Federal
land within the project boundary of the Swan Lake
Hydroelectric Project (FERC No. 2911) as generally depicted
and labeled ``Lost Creek'' on the map entitled ``Swan Lake
Project Boundary--Lot 2'' and dated February 1, 2016; and
(2) issue a patent to the State of Alaska for the tract
described in paragraph (1) in accordance with--
(A) the survey authorized under paragraph (1);
(B) section 6(a) of the Act of July 7, 1958 (commonly known
as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21;
Public Law 85-508); and
(C) section 24 of the Federal Power Act (16 U.S.C. 818).
AMENDMENT NO. 3317
(Purpose: To require the Secretary of Energy to ensure that the costs
of general and administrative overhead are not allocated to laboratory
directed research and development)
At the end of subtitle C of title IV, add the following:
SEC. 42__. RESTORATION OF LABORATORY DIRECTED RESEARCH AND
DEVELOPMENT PROGRAM.
The Secretary shall ensure that laboratory operating
contractors do not allocate costs of general and
administrative overhead to laboratory directed research and
development.
AMENDMENT NO. 3265, as Modified
(Purpose: To provide additional priorities for an energy workforce
pilot grant program)
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; or
(12) are located in close proximity to marine or port
facilities in the Gulf of Mexico, Atlantic Ocean, Pacific
Ocean, Arctic Ocean, Bering Sea, Gulf of Alaska, or Great
Lakes.
amendment no. 3012
(Purpose: To remove the use restrictions on certain land transferred to
Rockingham County, Virginia)
At the end, add the following:
TITLE VI--MISCELLANEOUS
SEC. 6001. REMOVAL OF USE RESTRICTION.
Public Law 101-479 (104 Stat. 1158) is amended--
(1) by striking section 2(d); and
(2) by adding the following new section at the end:
``SEC. 4. REMOVAL OF USE RESTRICTION.
``(a) The approximately 1-acre portion of the land referred
to in section 3 that is used for purposes of a child care
center, as authorized by this Act, shall not be subject to
the use restriction imposed in the deed referred to in
section 3.
``(b) Upon enactment of this section, the Secretary of the
Interior shall execute an instrument to carry out subsection
(a).''.
amendment no. 3290
(Purpose: To add a provision relating to secondary use applications of
electric vehicle batteries)
At the end of section 1306, add the following:
(h) Secondary Use Applications.--
(1) In general.--The Secretary shall carry out a research,
development, and demonstration program that--
(A) builds on any work carried out under section 915 of the
Energy Policy Act of 2005 (42 U.S.C. 16195);
(B) identifies possible uses of a vehicle battery after the
useful life of the battery in a vehicle has been exhausted;
(C) conducts long-term testing to verify performance and
degradation predictions and lifetime valuations for secondary
uses;
(D) evaluates innovative approaches to recycling materials
from plug-in electric drive vehicles and the batteries used
in plug-in electric drive vehicles;
(E)(i) assesses the potential for markets for uses
described in subparagraph (B) to develop; and
(ii) identifies any barriers to the development of those
markets; and
(F) identifies the potential uses of a vehicle battery--
(i) with the most promise for market development; and
(ii) for which market development would be aided by a
demonstration project.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress an initial report on the
findings of the program described in paragraph (1), including
recommendations for stationary energy storage and other
potential applications for batteries used in plug-in electric
drive vehicles.
(3) Secondary use demonstration.--
(A) In general.--Based on the results of the program
described in paragraph (1), the Secretary shall develop
guidelines for projects that demonstrate the secondary uses
and innovative recycling of vehicle batteries.
(B) Publication of guidelines.--Not later than 18 months
after the date of enactment of this Act, the Secretary
shall--
(i) publish the guidelines described in subparagraph (A);
and
(ii) solicit applications for funding for demonstration
projects.
(C) Pilot demonstration program.--Not later than 21 months
after the date of enactment of this Act, the Secretary shall
select proposals for grant funding under this section, based
on an assessment of which proposals are mostly likely to
contribute to the development of a secondary market for
batteries.
amendment no. 3004
(Purpose: To allow the use of Federal disaster relief and emergency
assistance for energy-efficient products and structures)
At the appropriate place, insert the following:
[[Page S2151]]
SEC. ___. USE OF FEDERAL DISASTER RELIEF AND EMERGENCY
ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND
STRUCTURES.
(a) In General.--Title III of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141
et seq.) is amended by adding at the end the following:
``SEC. 327. USE OF ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS
AND STRUCTURES.
``(a) Definitions.--In this section--
``(1) the term `energy-efficient product' means a product
that--
``(A) meets or exceeds the requirements for designation
under an Energy Star program established under section 324A
of the Energy Policy and Conservation Act (42 U.S.C. 6294a);
or
``(B) meets or exceeds the requirements for designation as
being among the highest 25 percent of equivalent products for
energy efficiency under the Federal Energy Management
Program; and
``(2) the term `energy-efficient structure' means a
residential structure, a public facility, or a private
nonprofit facility that meets or exceeds the requirements of
Standard 90.1-2013 of the American Society of Heating,
Refrigerating and Air-Conditioning Engineers or the 2015
International Energy Conservation Code, or any successor
thereto.
``(b) Use of Assistance.--A recipient of assistance
relating to a major disaster or emergency may use the
assistance to replace or repair a damaged product or
structure with an energy-efficient product or energy-
efficient structure.''.
(b) Applicability.--The amendment made by this section
shall apply to assistance made available under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) before, on, or after the date of
enactment of this Act that is expended on or after the date
of enactment of this Act.
amendment no. 3233, as modified
(Purpose: To authorize, direct, facilitate, and expedite the transfer
of administrative jurisdiction of certain Federal land)
At the end, add the following:
TITLE VI--MISCELLANEOUS
SEC. 6001. INTERAGENCY TRANSFER OF LAND ALONG GEORGE
WASHINGTON MEMORIAL PARKWAY.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled ``George
Washington Memorial Parkway--Claude Moore Farm Proposed
Boundary Adjustment'', numbered 850_130815, and dated
February 2016.
(2) Research center.--The term ``Research Center'' means
the Turner-Fairbank Highway Research Center of the Federal
Highway Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Administrative Jurisdiction Transfer.--
(1) Transfer of jurisdiction.--
(A) George washington memorial parkway land.--
Administrative jurisdiction over the approximately 0.342
acres of Federal land under the jurisdiction of the Secretary
within the boundary of the George Washington Memorial
Parkway, as generally depicted as ``B'' on the Map, is
transferred from the Secretary to the Secretary of
Transportation.
(B) Research center land.--Administration jurisdiction over
the approximately 0.479 acres of Federal land within the
boundary of the Research Center land under the jurisdiction
of the Secretary of Transportation adjacent to the boundary
of the George Washington Memorial Parkway, as generally
depicted as ``A'' on the Map, is transferred from the
Secretary of Transportation to the Secretary.
(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 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 access of the Research Center to the restricted land
for security and maintenance purposes.
(3) Reimbursement or consideration.--The transfers of
administrative jurisdiction under this subsection shall not
be subject to 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 land
described in the agreement.
(B) Access to restricted land.--
(i) In general.--Subject to the terms of the agreement
described in subparagraph (A), the Secretary shall allow the
Research Center--
(I) to access the Federal land described in paragraph
(1)(B) for purposes of transportation to and from the
Research Center; and
(II) to access the Federal land described in paragraphs
(1)(B) and (2) for purposes of 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 Federal land.
(c) Management of Transferred Land.--
(1) Interior land.--The Federal land transferred to the
Secretary under subsection (b)(1)(B) shall be--
(A) included in the boundary of the George Washington
Memorial Parkway; and
(B) administered by the Secretary as part of the George
Washington Memorial Parkway, subject to applicable laws
(including regulations).
(2) Transportation land.--The Federal land transferred to
the Secretary of Transportation under subsection (b)(1)(A)
shall be--
(A) included in the boundary of the Research Center land;
and
(B) removed from the boundary of the George Washington
Memorial Parkway.
(3) Restricted-use land.--The Federal land that the
Secretary has designated for restricted use under subsection
(b)(2) shall be maintained by the Research Center.
(d) Map on File.--The Map shall be available for public
inspection in the appropriate offices of the National Park
Service.
AMENDMENT NO. 3239
(Purpose: To establish a subcommittee to coordinate and facilitate
United States leadership in high-energy physics)
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.
AMENDMENT NO. 3221
(Purpose: To establish a voluntary WaterSense program within the
Environmental Protection Agency)
At the appropriate place, insert the following:
SEC. ____. WATERSENSE.
(a) In General.--Part B of title III of the Energy Policy
and Conservation Act is amended by adding after section 324A
(42 U.S.C. 6294a) the following:
``SEC. 324B. WATERSENSE.
``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary WaterSense
program to identify and promote water-efficient products,
buildings, landscapes, facilities, processes, and services
that, through voluntary labeling of, or other forms of
communications regarding, products, buildings, landscapes,
facilities, processes, and services while meeting strict
performance criteria, sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community water
systems and wastewater and stormwater infrastructure;
``(C) conserve energy used to pump, heat, transport, and
treat water; and
``(D) preserve water resources for future generations.
``(2) Inclusions.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
`Administrator') shall, consistent with this section,
identify water-efficient products, buildings, landscapes,
facilities, processes, and services, including categories
such as--
[[Page S2152]]
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions that
reduce water use;
``(G) whole house humidifiers; and
``(H) water-efficient buildings or facilities.
``(b) Duties.--The Administrator, coordinating as
appropriate with the Secretary, shall--
``(1) establish--
``(A) a WaterSense label to be used for items meeting the
certification criteria established in accordance with this
section; and
``(B) the procedure, including the methods and means, and
criteria by which an item may be certified to display the
WaterSense label;
``(2) enhance public awareness regarding the WaterSense
label through outreach, education, and other means;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible performance
criteria so that products, buildings, landscapes, facilities,
processes, and services labeled with the WaterSense label
perform as well or better than less water-efficient
counterparts;
``(B) overseeing WaterSense certifications made by third
parties;
``(C) as determined appropriate by the Administrator, using
testing protocols, from the appropriate, applicable, and
relevant consensus standards, for the purpose of determining
standards compliance; and
``(D) auditing the use of the WaterSense label in the
marketplace and preventing cases of misuse; and
``(4) not more often than 6 years after adoption or major
revision of any WaterSense specification, review and, if
appropriate, revise the specification to achieve additional
water savings;
``(5) in revising a WaterSense specification--
``(A) provide reasonable notice to interested parties and
the public of any changes, including effective dates, and an
explanation of the changes;
``(B) solicit comments from interested parties and the
public prior to any changes;
``(C) as appropriate, respond to comments submitted by
interested parties and the public; and
``(D) provide an appropriate transition time prior to the
applicable effective date of any changes, taking into account
the timing necessary for the manufacture, marketing,
training, and distribution of the specific water-efficient
product, building, landscape, process, or service category
being addressed; and
``(6) not later than December 31, 2018, consider for review
and revision any WaterSense specification adopted before
January 1, 2012.
``(c) Transparency.--The Administrator shall, to the
maximum extent practicable and not less than annually,
regularly estimate and make available to the public the
production and relative market shares and savings of water,
energy, and capital costs of water, wastewater, and
stormwater attributable to the use of WaterSense-labeled
products, buildings, landscapes, facilities, processes, and
services.
``(d) Distinction of Authorities.--In setting or
maintaining specifications for Energy Star pursuant to
section 324A, and WaterSense under this section, the
Secretary and Administrator shall coordinate to prevent
duplicative or conflicting requirements among the respective
programs.
``(e) No Warranty.--A WaterSense label shall not create an
express or implied warranty.''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by inserting after the item relating to section 324A
the following:
``Sec. 324B. WaterSense.''.
AMENDMENT NO. 3203
(Purpose: To provide for a study of waivers of certain cost-sharing
requirements of the Department of Energy)
At the end of subtitle E of title IV, add the following:
SEC. 44__. STUDY OF WAIVERS OF CERTAIN COST-SHARING
REQUIREMENTS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall--
(1) complete a study on the ability of, and any actions
before the date of enactment of this Act by, the Secretary to
waive the cost-sharing requirement under section 988 of the
Energy Policy Act of 2005 (42 U.S.C. 16352); and
(2) based on the results of the study under paragraph (1),
make recommendations to Congress for the issuance of, and
factors that should be considered with respect to, waivers of
the cost-sharing requirement by the Secretary.
AMENDMENT NO. 3309, as Modified
(Purpose: To provide for activities relating to the centennial of the
National Park System)
At the end of subtitle E of title IV, add the following:
SEC. 44___. NATIONAL PARK CENTENNIAL.
(a) National Park Centennial Challenge Fund.--
(1) 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. National Park Centennial Challenge Fund
``(a) Purpose.--The purpose of this section is to establish
a fund in the Treasury--
``(1) to finance signature projects and programs to enhance
the National Park System as the centennial of the National
Park System approaches in 2016; and
``(2) to prepare the System for another century of
conservation, preservation, and enjoyment.
``(b) Definitions.--In this section:
``(1) Challenge fund.--The term `Challenge Fund' means the
National Park Centennial Challenge Fund established by
subsection (c)(1).
``(2) Qualified donation.--The term `qualified donation'
means a cash donation or the pledge of a cash donation
guaranteed by an irrevocable letter of credit to the Service
that the Secretary certifies is to be used for a signature
project or program.
``(3) Signature project or program.--The term `signature
project or program' means any project or program identified
by the Secretary as a project or program that would further
the purposes of the System or any System unit.
``(c) National Park Centennial Challenge Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `National
Park Centennial Challenge Fund'.
``(2) Deposits.--The Challenge Fund shall consist of--
``(A) qualified donations that are transferred from the
Service donation account, in accordance with subsection
(e)(1); and
``(B) not more than $17,500,000, to be appropriated from
the general fund of the Treasury, in accordance with
subsection (e)(2).
``(3) Availability.--Amounts in the Challenge Fund shall--
``(A) be available to the Secretary for signature projects
and programs under this title, without further appropriation;
and
``(B) remain available until expended.
``(d) Signature Projects and Programs.--
``(1) Development of list.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
develop a list of signature projects and programs eligible
for funding from the Challenge Fund.
``(2) Submission to congress.--The Secretary shall submit
to the Committees on Appropriations and Energy and Natural
Resources of the Senate and the Committees on Appropriations
and Natural Resources of the House of Representatives the
list developed under paragraph (1).
``(3) Updates.--Subject to the notice requirements under
paragraph (2), the Secretary may add any signature project or
program to the list developed under paragraph (1).
``(e) Donations and Matching Federal Funds.--
``(1) Qualified donations.--The Secretary may transfer any
qualified donations to the Challenge Fund.
``(2) Matching amount.--There is authorized to be
appropriated to the Challenge Fund for each fiscal year
through fiscal year 2020 an amount equal to the amount of
qualified donations received for the fiscal year.
``(3) Solicitation.--Nothing in this section expands any
authority of the Secretary, the Service, or any employee of
the Service to receive or solicit donations.
``(f) Report to Congress.--The Secretary shall provide with
the submission of the budget of the President to Congress for
each fiscal year a report on the status and funding of the
signature projects and programs.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code (as amended by section 5001(b)),
is amended by inserting after the item relating to section
104908 the following:
``Sec. 104909. National Park Centennial Challenge Fund.''.
(b) Second Century Endowment for the National Park
System.--
(1) In general.--Subchapter II of chapter 1011 of title 54,
United States Code, is amended by adding at the end the
following:
``Sec. 101121. Second Century Endowment for the National Park
System
``(a) In General.--The National Park Foundation shall
establish an endowment, to be known as the `Second Century
Endowment for the National Park System' (referred to in this
section as the `Endowment').
``(b) Campaign.--To further the mission of the Service, the
National Park Foundation may undertake a campaign to fund the
Endowment through gifts, devises, or bequests, in accordance
with section 101113.
``(c) Use of Proceeds.--
``(1) In general.--On request of the Secretary, the
National Park Foundation shall expend proceeds from the
Endowment in accordance with projects and programs in
furtherance of the mission of the Service, as identified by
the Secretary.
``(2) Management.--The National Park Foundation shall
manage the Endowment in a manner that ensures that annual
expenditures as a percentage of the principal are consistent
with Internal Revenue Service guidelines for endowments
maintained for charitable purposes.
``(d) Investments.--The National Park Foundation shall--
``(1) maintain the Endowment in an interest-bearing
account; and
``(2) invest Endowment proceeds with the purpose of
supporting and enriching the System in perpetuity.
[[Page S2153]]
``(e) Report.--Each year, the National Park Foundation
shall make publicly available information on the amounts
deposited into, and expended from, the Endowment.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code, is amended by inserting after
the item relating to section 101120 the following:
``Sec. 101121. Second Century Endowment for the National Park
System.''.
(c) National Park Service Intellectual Property
Protection.--
(1) In general.--Chapter 1049 of title 54, United States
Code (as amended by subsection (a)(1)), is amended by adding
at the end the following:
``Sec. 104910. Intellectual property
``(a) Definitions.--In this section:
``(1) Service emblem.--
``(A) In general.--The term `Service emblem' means any
word, phrase, insignia, logo, logotype, trademark, service
mark, symbol, design, graphic, image, color, badge, uniform,
or any combination of emblems used to identify the Service or
a component of the System.
``(B) Inclusions.--The term `Service emblem' includes--
``(i) the Service name;
``(ii) an official System unit name;
``(iii) any other name used to identify a Service component
or program; and
``(iv) the Arrowhead symbol.
``(2) Service uniform.--The term `Service uniform' means
any combination of apparel, accessories, or emblems, any
distinctive clothing or other items of dress, or a
representation of dress--
``(A) that is worn during the performance of official
duties; and
``(B) that identifies the wearer as a Service employee.
``(b) Prohibited Acts.--No person shall, without the
written permission of the Secretary--
``(1) use any Service emblem or uniform, or any word, term,
name, symbol or device or any combination of emblems to
suggest any colorable likeness of the Service emblem or
Service uniform in connection with goods or services in
commerce if the use is likely to cause confusion, or to
deceive the public into believing that the emblem or uniform
is from or connected with the Service;
``(2) use any Service emblem or Service uniform or any
word, term, name, symbol, device, or any combination of
emblems or uniforms to suggest any likeness of the Service
emblem or Service uniform in connection with goods or
services in commerce in a manner reasonably calculated to
convey the impression to the public that the goods or
services are approved, endorsed, or authorized by the
Service;
``(3) use in commerce any word, term, name, symbol, device
or any combination of words, terms, names, symbols, or
devices to suggest any likeness of the Service emblem or
Service uniform in a manner that is reasonably calculated to
convey the impression that the wearer of the item of apparel
is acting pursuant to the legal authority of the Service; or
``(4) knowingly make any false statement for the purpose of
obtaining permission to use any Service emblem or Service
uniform.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code, is amended by inserting after
the item relating to section 104908 (as added by subsection
(a)(2)) the following:
``Sec. 104910. Intellectual property.''.
(d) National Park Service Education and Interpretation.--
(1) In general.--Division A of subtitle I of title 54,
United States Code, is amended by inserting after chapter
1007 the following:
``CHAPTER 1008--EDUCATION AND INTERPRETATION
``CHAPTER 1008--Education and Interpretation
``Sec.
``100801. Definitions.
``100802. Interpretation and education authority.
``100803. Interpretation and education evaluation and quality
improvement.
``100804. Improved utilization of partners and volunteers in
interpretation and education.
``Sec. 100801. Definitions
``In this chapter:
``(1) Education.--The term `education' means enhancing
public awareness, understanding, and appreciation of the
resources of the System through learner-centered, place-based
materials, programs, and activities that achieve specific
learning objectives as identified in a curriculum.
``(2) Interpretation.--The term `interpretation' means--
``(A) providing opportunities for people to form
intellectual and emotional connections to gain awareness,
appreciation, and understanding of the resources of the
System; and
``(B) the professional career field of Service employees,
volunteers, and partners who interpret the resources of the
System.
``(3) Related area.--The term `related area' means--
``(A) a component of the National Trails System;
``(B) a National Heritage Area; and
``(C) an affiliated area administered in connection with
the System.
``Sec. 100802. Interpretation and education authority
``The Secretary shall ensure that management of System
units and related areas is enhanced by the availability and
utilization of a broad program of the highest quality
interpretation and education.
``Sec. 100803. Interpretation and education evaluation and
quality improvement
``The Secretary may undertake a program of regular
evaluation of interpretation and education programs to ensure
that the programs--
``(1) adjust to the ways in which people learn and engage
with the natural world and shared heritage as embodied in the
System;
``(2) reflect different cultural backgrounds, ages,
education, gender, abilities, ethnicity, and needs;
``(3) demonstrate innovative approaches to management and
appropriately incorporate emerging learning and
communications technology; and
``(4) reflect current scientific and academic research,
content, methods, and audience analysis.
``Sec. 100804. Improved utilization of partners and
volunteers in interpretation and education
``The Secretary may--
``(1) coordinate with System unit partners and volunteers
in the delivery of quality programs and services to
supplement the programs and services provided by the Service
as part of a Long-Range Interpretive Plan for a System unit;
``(2) support interpretive partners by providing
opportunities to participate in interpretive training; and
``(3) collaborate with other Federal and non-Federal public
or private agencies, organizations, or institutions for the
purposes of developing, promoting, and making available
educational opportunities related to resources of the System
and programs.''.
(2) Clerical amendment.--The table of chapters for division
A of subtitle I of title 54, United States Code, is amended
by inserting after the item relating to chapter 1007 the
following:
``1008. Education and Interpretation.....................100801''.....
(e) Public Land Corps Amendments.--
(1) Definitions.--Section 203(10)(A) of the Public Lands
Corps Act of 1993 (16 U.S.C. 1722(10)(A)) is amended by
striking ``25'' and inserting ``30''.
(2) Participants.--Section 204(b) of the Public Lands Corps
Act of 1993 (16 U.S.C. 1723(b)) is amended in the first
sentence by striking ``25'' and inserting ``30''.
(3) Hiring.--Section 207(c)(2) of the Public Lands Corps
Act of 1993 (16 U.S.C., 1726(c)(2)) is amended by striking
``120 days'' and inserting ``2 years''.
(f) National Park Foundation.--Subchapter II of chapter
1011 of title 54, United States Code, is amended--
(1) in section 101112--
(A) by striking subsection (a) and inserting the following:
``(a) Membership.--The National Park Foundation shall
consist of a Board having as members at least 6 private
citizens of the United States appointed by the Secretary,
with the Secretary and the Director serving as ex officio
members of the Board.''; and
(B) by striking subsection (c) and inserting the following:
``(c) Chairman.--
``(1) Selection.--The Board shall select a Chairman of the
Board from among the members of the Board.
``(2) Term.--The Chairman of the Board shall serve for a 2-
year term.''; and
(2) in section 101113(a)--
amendment no. 3229
(Purpose: To establish a program to reduce the potential impacts of
solar energy facilities on certain species)
At the end of subtitle E of title IV, add the following:
SEC. 44__. PROGRAM TO REDUCE THE POTENTIAL IMPACTS OF SOLAR
ENERGY FACILITIES ON CERTAIN SPECIES.
In carrying out a program of the Department relating to
solar energy or the conduct of solar energy projects using
funds provided by the Department, the Secretary shall
establish a program to undertake research that--
(1) identifies baseline avian populations and mortality;
and
(2) quantifies the impacts of solar energy projects on
birds, as compared to other threats to birds.
amendment no. 3251
(Purpose: To modify the calculation of fuel economy for gaseous fuel
dual fueled automobiles)
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.
[[Page S2154]]
``(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).''.
Ms. MURKOWSKI. Mr. President, I know of no further debate on these
amendments.
The PRESIDING OFFICER. If there is no further debate on these
amendments, the question is on agreeing to the amendments en bloc.
The amendments (Nos. 3276; 3302, as modified; 3055; 3050; 3237; 3308;
3286, as modified; 3075; 3168; 3292, as modified; 3155; 3270; 3313, as
modified; 3214; 3266; 3310; 3317; 3265, as modified; 3012; 3290; 3004;
3233, as modified; 3239; 3221; 3203; 3309, as modified; 3229; 3251; and
2963) were agreed to en bloc.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the
motions to reconsider be considered made and laid upon the table en
bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MURKOWSKI. Mr. President, we are back on the floor with the
Energy Policy Modernization Act--an act that many of us have spent a
considerable amount of time not only here on the floor discussing but,
prior to its arrival on the floor of the Senate, working through a
process that, quite honestly, I am very pleased to be able to report
on.
As we have just heard, with the voice vote that we just took en bloc,
we have accepted and adopted 29 additional amendments to this broad,
bipartisan, and, as some would suggest, long-stalled Energy bill. We
have been working on this now on the floor for more than 2 months. It
actually first came to the floor on January 27 of this year. But we
have seen patience, a little bit of persistence, and a truly good-faith
negotiation. Last week we were able to clear the last of the objections
to this bill and to define a path forward.
Again, we just reached unanimous consent on these 29 additional
amendments. There will be eight rollcall votes this afternoon and then
votes on cloture and final passage, and, hopefully, today we will see
the last day of debate on our Energy bill.
Since we have been away from EPMA for so long, I wanted to start my
comments this afternoon by reminding colleagues of the process we have
followed and of the many good provisions we have incorporated within
the bill that make it worthy of the Senate's support.
It began with a pretty simple and straightforward recognition; that
is, that it was time--it was actually well past time--to update and
reform our Nation's energy policies. The last time the Congress passed
a major Energy bill was in December of 2007. So it has been almost a
decade's worth of changes in technologies and markets taking place
across the country.
Our energy space has changed, but what hasn't changed are the
policies. The policies that we see are increasingly outdated and
detached from the opportunities we need to advance good energy policy
in this country.
So what did we do? We set out to write a bill. Our Energy Policy
Modernization Act of 2016 is the result of more than a year of hard
work by those of us who serve on the Energy and Natural Resources
Committee. It is the result of multiple listening sessions, multiple
legislative hearings, bipartisan negotiations, and then a multiday
markup that we held last July. At the end of that markup, we were able
to approve a bill by a strong bipartisan margin--18 to 4.
The reason the bill passed out of committee with such strong
bipartisan support was not just because of our commitment to a good
process--and it was very clear that it was a good process throughout--
but we matched that good process with a commitment, an equal
commitment, to good policy. We worked together across the aisle to
include good ideas from Members on both sides of the aisle, from
Members on the committee, and Members off the committee. Some of the
things we agreed to include are going to speak to the input we
received.
Senator Barrasso has led an effort that will streamline LNG exports.
He was joined by 17 other Members. That is incorporated in our bill.
We agreed to include a major efficiency bill that the occupant of the
Chair, the Senator from Ohio, together with the Senator from New
Hampshire, have spearheaded for years. That bill was supported by 13
other Members and is incorporated as part of this overall Energy Policy
Modernization Act.
We agreed to improve our mineral security. This is something I have
been leading, along with Senators Heller and Crapo and Risch.
We worked to promote the use of hydropower--a renewable, emission-
free resource that is favored by just about everybody in this Chamber.
We agreed to streamline permitting for natural gas pipelines. This
was an effort that was led by the Senator from West Virginia, Mrs.
Capito.
We agreed to a new oil and gas permitting pilot program. This was one
of several ideas that the Senator from North Dakota, Mr. Hoeven, helped
advance.
We have worked to improve our Nation's cyber security, based on
legislation that was advanced by the Senator from New Mexico, Mr.
Heinrich, as well as Senator Risch from Idaho.
We also made innovation a key priority to promote the development of
promising technologies.
As part of that, we agreed to reauthorize some of the energy-related
provisions that were contained in the America COMPETES Act, which was
led by Senator Alexander from Tennessee.
We also agreed to reauthorize the coal R&D program at the Department
of Energy. This was, again, based on another bipartisan proposal that
was led by both Senators from West Virginia, Senators Capito and
Manchin, as well as the Senator from Ohio who is occupying the Chair
now, Senator Portman.
What we came away with was a substantive, timely, and bipartisan
measure that has a very real chance of being the first major Energy
bill signed into law in well over 8 years.
So this is important, for a host of different reasons.
Moving forward with this act will help America produce more energy.
It will help Americans save more money. It will help ensure that energy
can be transported from where it is produced to where it is needed. It
will strengthen our status as the best innovator in the world, and it
will bring us just one step closer to becoming a global energy
superpower. It will do all of this without raising taxes, without
imposing new mandates, and without adding to the Federal deficit.
That was our starting point here on the Senate floor back in January.
When we came to the floor with the Energy bill, I think those of us on
the Energy and Natural Resources Committee thought it was a pretty
strong bill, but we have made it better. We kept building on it. Since
the debate began, we have voted on a total of 38 amendments. We have
accepted 32 of them, and we have added even more good ideas from even
more Members to an already very bipartisan package. Right now, the
Energy Policy Modernization Act includes priorities from 62 Members of
the Senate. In other words, more than three-fifths of the Members of
this body have contributed something to this overall bill, and that
number will rise throughout the day as we process additional
amendments.
One amendment I am particularly pleased with is the resources title
that I have worked on and written with Senator Cantwell. We have agreed
to a package of 30 lands and water bills which will address a wide
range of issues in Western States. That package also includes the
bipartisan sportsmen's provisions that we have been working to pass in
this body for at least three Congresses. This is a measure that will
ensure that our public lands are open, unless closed for a legitimate
reason, to require agencies to enhance opportunities for our sportsmen
on public lands and more. I want to recognize my colleague from New
Mexico who has helped us with this endeavor in making sure the
sportsmen's package was included as this bill moved forward.
It is true we were a little bit delayed in reaching the point where
we are today as we are processing these final amendments, but I thank
the Senate and the majority leader for sticking with us on this. At one
point in time, it was suggested that we were going to
[[Page S2155]]
have to pull a rabbit out of a hat in order to get this bill back on
the floor with a consent process that would allow us to finish. Well,
the rabbit has come out of the hat. Some might suggest it was a little
bit battered, but, nonetheless, nobody gave up on this bill.
I acknowledge Senator Cantwell and her staff for working with us
every step of the way. We knew we had a path forward. We worked
tirelessly to find it because we know this is a bill worth passing.
Over the next couple of hours, Members will have an opportunity to
deliver their final comments on the Energy bill, and after that we will
move to these eight stacked rollcall votes, followed by votes on
cloture, and then, hopefully, on final passage.
I am pleased to be able to say we will have wrapped up our work on
this bill and send it over to the House of Representatives--again,
hopefully, by the time we go home tonight.
I thank the Senate for working with us to get to this point, and I
would encourage Members on both sides of the aisle to recognize the
good work and the good ideas that are included within this bill. And
when the time comes, I encourage every Member to vote yes on a broad
bipartisan, good energy bill.
Mr. President, I recognize my colleague Senator Cantwell, the ranking
member on the Energy Committee and a fabulous partner throughout this
effort. I would like to thank her for all she has done to get us to
this point as well.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Mr. President, I rise to thank Chairman Murkowski for
her leadership on the Energy bill. She and I have been working on this
for almost a year now, and today we are at a point where we think we
will see the final product of this legislation in the next 24 hours
move out of the Senate and over to the House of Representatives. So it
is a good day. We are very thankful that all the hard work she and her
team and our side on the minority have put in will result in
successfully getting a bill to the President's desk.
I acknowledge our colleagues in the Senate have addressed something
like 40 different priority pieces of legislation. We have added, as the
chairman has said, 60 different amendments during the floor process. We
have had important compromises on clean energy technology, energy
efficiency, and infrastructure with truly bipartisan support. We need
to pass this bill, and that is why we have been persistent.
It has been since 2007 that we passed an energy bill, led by Senator
Jeff Bingaman and Senator Pete Domenici, that laid down a lot of
fundamental things in the renewable energy markets and clean energy
investment, but the landscape has changed greatly since 2007. Since
then, because of those efforts, the United States has more than
quadrupled the wind power than what we had before. It has more than
tripled than what we had. Solar photovoltaic installations are up
nearly by 15 times. The number of LED lights has grown more than 90
times.
From 2007 to 2014, our national energy use also fell 2.4 percent
while the GDP grew 8 percent. This represents a very significant point
in energy productivity; that is, we have continued to produce cleaner
sources of energy and helped diversify our own energy portfolio. Yet
our economy and GDP still grew. It is important because these policies
that are in this bill are continuing to move forward on energy
efficiency, clean energy, renewables, and new technology.
I thank everybody who has been cooperative in this process. Clearly,
we could have had a my-way-or-the-highway approach that was taken on
the Shaheen-Portman legislation. I know my colleague is leaving the
floor, but Senator Portman and Senator Shaheen played a large role in
past discussions, but the chairwoman didn't take that approach. She
said: Let's all work together. In a spirit of compromise, let's pass
legislation that our colleagues want to see. And of course, the U.S.
Department of Energy published the Quadrennial Energy Review last year,
which said that we are at an energy crossroads. And we looked at what
our Nation needed to do at this crossroad, to make investments in
modernizing our 21st century energy portfolio. Energy is the lifeblood
of our economy. If we put good energy policy in place, businesses and
consumers get more affordable, cleaner, and more renewable energy.
This bill takes important steps on research and development of clean
energy technologies to help us integrate these new, clean energy
technologies that are not already in the marketplace, and gaining a
foothold on new clean energy technologies in marine, hydrokinetic and
geothermal. I thank our colleague Senator Wyden for his leadership on
many of these issues.
The bill also takes important steps in advanced grid technology to
help us with new integration of our renewable resources. It authorizes
$2 billion for technology demonstration grants to make sure that we are
continuing the development of a microgrid deployment. I know from the
chairman of the committee it is something very important to Alaska and
the chairman, as they have a huge territory and lots to cover. So,
making sure that microgrid development gets the technical support and
assistance is critical.
The bill includes an initiative to accelerate the RD&D of energy
storage, a technology that many witnesses before our committee have
labeled as the game-changer--and I believe it is the game-changer. As a
hydro State that gets more than 70 percent of our electricity from
inexpensive renewable sources, like hydro. So making sure we can store
some of that energy is a game-changer for the electricity grid.
Just as important, this bill makes a major investment in cyber
security. We are talking about technologies that are key to making sure
we protect our grid, making it more resilient, basically making it more
robust so we can continue to improve it and face less risk in the
future.
We have many opportunities in this Energy bill to continue to promote
the advanced fuels and energy information that are going to allow us to
continue to diversify our energy resources. We also want to make sure
we are understanding how the United States can maintains its
competitiveness in a clean energy economy. For example, the global
smart grid economy is expected to grow by $400 billion in the next 5
years. It is pretty basic. Anytime you can save on the supply you
already have, it is a wise investment. Many people want to invest in
making their electricity and the use of their current energy supply
smarter. I like the smart building provisions of this bill. Smart
building will end up using sensors to better direct and maintain the
energy flow in buildings. Why is this so important? It is important
because about 40 percent of our energy use in the U.S. comes from
buildings today. The Department of Energy believes we can reduce the
cost of energy in our buildings by about 20 percent. I don't think
there is a person in the Senate who hasn't walked into a room and felt
like the thermostat just wasn't right. Whatever it said, the room
seemed to be the opposite. That is why we want buildings to have
smarter technology, more sophisticated technology, so we can save
energy and help our businesses be more competitive.
Energy efficiency in the Chinese market is expected to be more than
$1.5 trillion by 2035. So continuing our leadership, this bill will
help us grow jobs and grow industries in the United States. Energy
efficiency and building standards have also lowered costs. A 20-percent
cut of energy use in buildings would save $80 billion each year in
energy bills. That is something that would give any U.S. manufacturer a
competitive advantage. Investing in smart building makes sense. I am
pleased that while investing in this we are also helping our
manufacturers.
We just had a hearing with the manufacturing industry in the Energy
Committee. They told us they were literally bringing overseas jobs home
to the United States because we are continuing to invest in the right
advanced manufacturing technologies so they will continue to be
competitive. I speak now of what is happening with aerospace
manufacturing in composite lightweight materials. The research we did
allowed us to continue to be proficient in that area and have more jobs
brought back to the United States.
This bill invests in smart manufacturing. It would enhance fuel
efficiency opportunities for advanced truck fleets. I thank Senators
Stabenow,
[[Page S2156]]
Peters, and Alexander for their work on that provision. Heavy-duty
trucks move 70 percent of our freight and use 20 percent of the fuel
consumed in the United States. This sector can continue to use the
advancements in these technologies to continue their competitive
advantage.
This legislation also focuses on workforce training issues. We know
we need more jobs as the energy profile continues to change. The good
news is these are high-paying jobs. In my State, the average salary for
a utility worker is 57 percent higher than the average salary of all
other industries in the State. Our bill establishes a competitive
workforce grant, a job training program through community colleges, and
helps with registered apprentice programs so we can get the workforce
of tomorrow that the Secretary of Energy says we need. His report says
we need 1.5 million new workers in the energy industry. Let's go about
making sure we get that.
Lastly, I want to mention the Land and Water Conservation Fund, a
program that was actually authored by Senator ``Scoop'' Jackson from
Washington and he remains the longest-serving chairman of the Senate
Energy Committee. The Land and Water Conservation Fund was a fully
functional and effective program for 50 years, until Congress allowed
its authority to lapse last fall. This bill would make sure that never
happens again by making it permanent.
I thank the chairman for her leadership because she helped us craft a
compromise on making the Land and Water Conservation Fund permanent, to
get the right focus on how the program works and to continue to make
sure we are making investments in outdoor recreation.
This Land and Water Conservation Fund helps support more than 200,000
jobs in the State of Washington and a nearly $20 billion economy. When
we talk about the various amendments we are going to be talking about
today, I want to make sure Members understand that a lot of good work
in the committee went into the Land and Water Conservation Fund.
We will also be voting on a lot of public lands amendments later. I
want to bring up one, the Yakima River Basin bill, which we passed out
of committee on a bipartisan vote. It's a holistic approach to dealing
with water management. I hope it becomes a model for the rest of the
country.
I also thank Secretary Moniz and his staff and Secretary Jewell and
her staff for all the work that was done in the committee on both the
lands package and on the energy provisions. I know the chairwoman
probably discussed the issue of natural gas exports and Secretary Moniz
provided us language for how the agency is working that we put into the
bill.
I again thank my two colleagues who are on the floor, Senator Shaheen
and Senator Portman. Certainly Senator Shaheen has been dogged in her
enthusiastic support for not just energy efficiency policy, working
with Senator Portman, but when she left the committee, I don't think
she really left the committee. She just pretended, so that she was
somehow still connected to our efforts. I thank her for that and also
Senator Portman. I think we have taken the good work of these
individuals and probably had almost 30 different energy efficiency
proposals in this base legislation bill that we have incorporated and
now are able to move forward on. I also thank my colleague Senator
Heinrich, who has several provisions in this bill and several that will
be voted on shortly in the lands package.
These individuals, along with those I just mentioned, members of the
committee, provided such great leadership for us in putting this final
bill before the Members of the Senate. I hope our colleagues will give
it enthusiastic support. It represents a lot of discussion. It is not
the perfect bill that the chairwoman would have written nor the exact
bill I would have written.
But it is a compromise on the modernization of energy that this
country needs to move toward a safer, more secure, cleaner energy force
and a skilled workforce to go with delivering it.
With that, I yield the floor.
The PRESIDING OFFICER (Ms. Murkowski). The Senator from Ohio.
Mr. PORTMAN. Madam President, I want to start by commending the
Presiding Officer and Senator Cantwell for getting this bill to the
floor. They say the third time is the charm. I think this may be the
fourth or the fifth time. But I will say that I marvel, Senator
Cantwell and Senator Murkowski, at your patience and your persistence.
You have never lost sight of the goal, which is to actually move
legislation that will help us create jobs, make our economy more
efficient, as Senator Cantwell has said, and improve our energy
policies at a time when we are desperate to be able to address some of
the new changes we see in our economy and in our energy situation in
particular. So thank you for your persistence.
I also want to commend you and thank you for including as title I of
this legislation the energy efficiency legislation, the Portman-Shaheen
energy efficiency legislation that we just talked about.
Senator Shaheen is here on the floor with me. I hope she will talk
about this bill in a second. This is something we worked on a long
time--I think over 5 years now. It is an opportunity for us as a body
to actually move forward with sensible legislation that makes our
Federal Government more efficient and our factories more efficient, as
Senator Cantwell has talked about.
It improves our ability to create jobs and to be able to be more
energy independent. It is the kind of win-win legislation that we do
too seldom around here. It is an opportunity for us today to send a
strong message to the House that we would like to move broad energy
efficiency legislation. Hopefully, we can get it to the President's
desk for signature and move it ahead.
There are two parts of the Energy Savings and Industrial
Competitiveness Act. That is our legislation that has already been
passed by this Chamber. Those two parts have been signed by the
President. They are at work now.
I will say that already they are helping to allow individuals to use
less energy and, therefore, have more savings. That lets companies to
be more efficient, to create more jobs, and to reduce emissions. Now it
is time to pass this remaining part of the legislation, the main part
of the legislation which includes bipartisan reforms that we are taking
up today.
It is about time we get these across the finish line. The priority I
have had here in the Senate has been on jobs and wages. That is exactly
what this legislation does. It is really a jobs bill, among other
things. According to a recent study of our legislation, the Portman-
Shaheen bill, by 2030 it will help create nearly 200,000 new jobs and
help the economy by saving consumers about $16.7 billion in reduced
energy costs.
So this is legislation about energy, but it is also about our economy
and jobs. By the way, when we started this legislation, it was the
Shaheen-Portman legislation. It has remained a totally bipartisan--even
nonpartisan--effort.
Our workers in Ohio and in the States represented in this Chamber are
competing with countries all over the world. If you think about it, a
lot of these companies that are in other places, strictly in Europe and
Japan, are very energy efficient. That gives them an advantage. It
makes it harder for us to be able to add jobs here to be able to
compete because their costs are lower and their profits are up.
So part of this legislation is strongly supported by the
manufacturers in this country because they know that, by making our
plants more energy efficient, we are going to give our workers in Ohio
and around the country and our companies a competitive advantage. So
that is one thing that is very important about this legislation. This
will help us to be able to compete in a global economy.
It also creates more jobs to have more supply of energy. So it is not
just that we are being more efficient, which is very good, but I will
say that in this legislation we are also encouraging more production,
including energy infrastructure that the chairman talked about earlier.
So my view is very simple. We should be producing more and using less.
That combination really works for our economy.
Over the last 7 years on the ``produce more'' side, we have been in
the midst really of an energy production renaissance. This is because
of new advances
[[Page S2157]]
in technology. It has dramatically changed the productivity and output
of American energy companies.
I am talking about everything. I am talking about solar and wind. I
am talking about hydro. I am certainly talking about natural gas with
fracking. I am also talking about oil and coal. We have become the
world super power in energy--the world super power in energy. This is
good for our country. This is good for all of us as consumers. With
lower energy costs now, it is good for the competitiveness of our
economy. But it is also a change. So the underlying legislation here--
the broad legislation--is very important because our economy and our
energy situation are very different than they were the last time we
reformed energy laws.
That is why we need this broader legislation in my view. It does have
some needed changes, including bringing our permitting process up to
speed, our regulations up to the times, and, again, dealing with some
of the other issues with regard to our energy sector, which has been
talked about this afternoon.
Just as it makes sense to produce more, it makes sense to use less,
to eliminate some of the waste in our energy system, to make it more
efficient. Production and efficiency are totally complementary. By
improving energy efficiency again, our jobs bill here will actually
create more economic growth and create more opportunities for Ohioans.
The Portman-Shaheen bill will also strengthen our national security.
Why do I say that? Well, it makes us more energy independent. That is
critical. We are already doing this through some means, but if we can
get this legislation passed, we will be doing it through better energy
efficiency as well. The bill helps clean our environment. By some
estimates, passing Portman-Shaheen will have an impact on our carbon
emissions, the equivalent to taking 20 million cars off the road over
the next 15 years.
So it does have an impact in terms of dealing with the emissions
issue. I am a really strong supporter of finding solutions that
actually help the environment, help the economy, and help create jobs.
Well, this is that sweet spot here. This legislation is a classic
example. Our bill also provides a model for how to ensure that we can
do it without a lot of new job-destroying mandates or regulations.
There are no mandates in this legislation. There are lots of incentives
for the private sector, but we try to make the Federal Government, in
this legislation, a better partner, rather than a better task master.
Again, I think that is the sweet spot.
One thing it does is it makes the Federal Government practice what it
preaches. So it says to the Federal Government: You are the largest
energy user in the world. You are far from efficient. Can't we do a
better job in the Federal Government by having the Federal Government
lead by example? It does this at the State and local level by updating
building codes for government building, providing grants for
retrofitting hospitals, youth centers, and faith-based organizations
with energy efficiency improvements.
It would get rid of some of the duplicative green building programs
that are at the Department of Energy, to make sure those are working
better, are more consolidated. It establishes a Federal smart building
program to conduct research and development on smart building
technology, which was talked about by Senator Cantwell a moment ago.
There is a huge opportunity here because 40 percent of our energy use
is in our buildings.
It would codify in statute that Federal agencies must reduce their
energy intensity 2.5 percent per year over the next decade. So it
codifies some of what is already in place as that goes forward. As I
have said, this bill does not impose new burdens on Americans, rather
it creates incentives and helps small and medium-sized manufacturers to
access smart manufacturing technology by establishing rebates for
upgrading electric motors and transformers, by funding career field
training for students receiving a certificate for installing energy
efficient building technologies, one of the skills gaps we have right
now in our economy that need to be closed for us to take advantage of
these new energy efficiency technologies.
Rather than the Federal Government telling companies what to do under
this bill, the Federal Government helps them to become more efficient.
It is not just American companies. Portman-Shaheen would help everyone.
Particularly, it would help low-income Americans be able to retrofit
their homes to be more energy efficient, which will save them money on
their energy bills.
With the middle-class squeeze that is out there, what we see right
now is wages that are not just flat, but they have declined on average
over the last several years. Expenses are up, including health care
expenses and including, in many cases, energy expenses, including in my
home State of Ohio, where we have more and more pressure on our
electricity costs. This will help in terms of dealing with that middle-
class squeeze. For people just trying to get by, a low energy bill can
be a real relief, and a few dollars at the end of each month can then
be used for a needed expenditure, for savings, maybe for investment in
a kid's college education or for retirement.
Finally, our bill does reauthorize the Weatherization Assistance
Program, which establishes building training and assessment centers at
institutions of higher education around the country, which is also very
important toward this efficiency of buildings.
The Portman-Shaheen legislation is now supported by more than 260
associations, businesses, and advocacy groups, from the National
Association of Manufacturers to the Sierra Club, from the Alliance to
Save Energy to the U.S. Chamber of Commerce. These are some strange
bedfellows, I will tell you. You normally don't see these groups coming
together to support legislation on the floor of the Senate. But I think
it shows that this is a consensus win for taxpayers, for workers, and
for the environment.
I was really pleased to work with Senator Shaheen, Ranking Member
Cantwell, and Leader McConnell to offer a bipartisan amendment to this
broader bill that is supposed to clarify a Department of Energy
efficiency standard related to external power supply drivers.
The existing standards are overly broad. Again, this is another
amendment we are going to be offering today, and another case where we
are able to bring all parties to the table and negotiate a compromise
fix to an urgent problem. I am hopeful that will soon be adopted, and
it will provide an effective, bipartisan solution.
Again, I want to thank Senator Shaheen for her persistence and her
patience with regard to our energy efficiency bill and for being a
great partner from the start. This is not the precise bill that she
would have written or that I would have written, but it is one that
finds that common ground, that consensus to be able to move our country
forward with regard to energy efficiency.
I also want to mention an amendment I offered with Senator Cantwell
and Chairman Murkowski to this broader legislation that is beneficial
to our environment and will help the National Park Service, and this is
the centennial legislation. As some of you know, 2016 is a big year for
the parks. This is the park's centennial, the 100th year. In fact, this
week is National Park Week. What better time is there for us to be
adopting this amendment? The National Parks Service turns 100 years old
on August 25. We want to make sure that the National Parks Service is
well positioned for its next century.
In Ohio, 2.6 million people visit our 13 national parks sites every
year. So you might not think of Ohio as being a big national park
State. It is. We are blessed to have these sites that preserve and
protect the national beauty of our State. We are grateful for the
National Parks Service and for their custodianship and their
stewardship of treasures like the Cuyahoga Valley National Park, one of
the top 10 parks in the country in terms of visitation, and also of
about 4,000 or so Ohio sites on the National Register of Historic
Places.
Our amendment would officially set up two funds to help the National
Park Service be more effective going forward to help them have more
funds to able to address some of the challenges they face and to start,
particularly, to address the backlog of projects that need to be
completed.
[[Page S2158]]
But first it would officially authorize the National Park Centennial
Challenge Fund, which is already leveraged with about 25 million bucks
in appropriated dollars to an additional $45 million in private sector
money--matching funds--to finance signature projects and programs of
the National Park System. I think this is part of our answer to our
national park shortfall and to the backlog, particularly the
maintenance backlog at the parks; that is, to get more private sector
interest. It is out there. This is a vehicle for that to happen.
The second would be a nonprofit second century endowment fund at
National Park Foundation to reduce the $10 billion in National Park
Service projects. This would present another opportunity to leverage
the willingness of the private sector to help address this backlog that
the National Park Service faces. It is a win-win for the taxpayer and
for all those who enjoy our national parks and all of our treasures.
Finally, it creates a new National Park Service education program to
help further the educational mission of our parks. The parks are being
well attended right now. Attendance is up. People are excited about the
parks. It is a great time for us to pass this centennial legislation. I
know there is comparable legislation on the House side. I am sure we
can get this to the President--to his desk for signature. We can help
to ensure that our parks, for the next 100 years, continue to grow and
continue to provide this incredible experience for all of our
constituents.
This amendment is another example of where we have come together in a
bipartisan basis to do this. I want to thank again Senator Cantwell for
her work on this and Senator Murkowski for putting it in this
legislation. Finally, I am really pleased that we were able to include
the Land and Conservation Fund's permanency in this legislation and
also the sportsmen's bill in this legislation, to expand and ensure
access to public lands for hunting and fishing.
The bottom line is that I encourage everybody to vote for this bill,
Republicans and Democrats alike. This is a good bill. It is a bill that
will drive infrastructure investments in my State of Ohio and around
the country. It will protect the grid from cyber and physical attacks.
It will allow more exports of liquefied natural gas, which is good for
our economy.
It will make our Federal Government more efficient. It will make our
economy more efficient. It creates jobs. It helps clean up the
environment. It helps modernize our government. To me, that constitutes
a victory for all of us. I congratulate Senator Cantwell and Senator
Murkowski for getting this to the floor. I look forward to its passage
later on today.
I yield back my time, and I hope my colleague from New Hampshire will
have the opportunity to speak.
The PRESIDING OFFICER (Mrs. Ernst). The Senator from New Hampshire.
Mrs. SHAHEEN. Madam President, I am thrilled to join my partner in
efficiency, Senator Portman, in addressing the energy efficiency
provisions of the Energy Policy Modernization Act.
Before I get to those, I congratulate Chair Murkowski and Ranking
Member Cantwell for everything they have done to move this Energy bill
forward. At a time when I think most of us thought this Energy bill was
gone for this Congress--again, for the third time--they have been able
to rally to bring people together to get consensus to move a bill that
not only deals with the energy efficiency provisions that Senator
Portman and I have championed but also improves a broad array of energy
policies for this country, and it would permanently reauthorize the
Land and Water Conservation Fund. I congratulate them on giving us yet
a third opportunity--hopefully--to vote on this bill and to finally be
able to pass it. As Senator Portman said, the third time is a charm,
hopefully. For 5 years, he and I have worked to advance the Energy
Savings and Industrial Competitiveness Act, or what was known initially
as Shaheen-Portman, which has now become Portman-Shaheen in this
Congress. Many of the provisions in that original legislation are in
this Energy Policy Modernization Act. While over the last 5 years we
have been able to get some of the original provisions in the
legislation through, the fact is, most of the significant provisions
are in this current bill. I thank Senator Portman for being such a
great partner on energy efficiency and for helping to advance this
legislation in a way that gives us another chance to hopefully vote
successfully on the bill.
I have been a huge fan of energy efficiency since my years as
Governor of New Hampshire because I believe that energy efficiency is
the cheapest, fastest way to reduce our energy use. Energy savings
techniques and technologies reduce carbon pollution. They lead to
substantial energy savings that allow for businesses to expand, for us
to create jobs, and for our economy to grow.
In a Congress that is too often divided along partisan lines on so
many issues, energy efficiency is one priority that can bring us
together on a bipartisan, bicameral basis because energy efficiency is
beneficial to everyone, regardless of what part of the country they
live in and regardless of their energy source. We can all benefit from
energy efficiency. And those are the provisions that are in this
legislation.
I will try not to repeat too much of what has already been said by
Senator Portman, Senator Murkowski, and Senator Cantwell about the
bill, but I did want to go through a couple of the energy efficiency
provisions that are in the legislation because it reduces the barriers
to efficiency in a number of ways.
First, in buildings, it would strengthen outdated, voluntary national
model building codes to make new homes and commercial buildings, which
account for more than 40 percent of U.S. energy consumption. These
provisions are especially important in this legislation because much of
the savings in efficiency come from these national model building code
provisions. Again, as Senator Portman has said, these are not done
through mandates, they are done through incentives, through our
encouraging States to adopt these model building codes.
The energy efficiency provisions also deal with industrial
efficiency. They assist the industrial manufacturing sector, which
consumes more energy than any other sector of the U.S. economy. They
help that sector implement efficient production technologies and would
encourage the private sector to develop innovative energy-efficient
technologies for industrial applications, to invest in a workforce that
is trained to deploy energy efficiency practices to manufactures.
Finally, the other major section of the efficiency provisions from
Portman-Shaheen deals with the Federal Government. We encourage the
Federal Government--which is the Nation's largest energy consumer--to
adopt more efficient building standards, to adopt smart metering
technology, and to look at our data centers and see how we can reduce
costs and energy use. Through doing that, not only can we save energy,
but we can save taxpayers millions of dollars.
Just the energy efficiency provisions from Portman-Shaheen in the
legislation would create nearly 200,000 jobs by 2030--a significant job
creator in the bill. It would reduce carbon emissions by the equivalent
of taking over 20 million cars off the road, and it would save
consumers over $16 billion a year. There are significant benefits to
this energy efficiency.
Again, as Senator Portman has said, these are provisions that have
brought together a very diverse group of stakeholders, everyone from
the American Chemistry Council, to the National Wildlife Federation, as
Senator Portman said, the NRDC, the National Association of
Manufacturers, and the U.S. Chamber of Commerce. This is a broad group
of trade associations, labor organizations, and environmental groups
who have come together because energy efficiency is something on which
we can all agree.
I ask unanimous consent to have printed in the Record a number of
letters that have been sent by many of these organizations.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[[Page S2159]]
January 20, 2016.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate, Russell Senate Office Building,
Washington, DC.
Hon. Harry Reid,
Democratic Leader, U.S. Senate, Hart Senate Office Building,
Washington, DC.
Dear Majority Leader McConnell and Democratic Leader Reid:
We are writing to express our priorities for energy
efficiency provisions in S. 2012, the Energy Policy
Modernization Act of 2015. As you know, S. 2012 was approved
by the U.S. Senate Committee on Energy and Natural Resources
(ENR) with strong bipartisan support on July 30, 2015, under
the leadership of Chairwoman Lisa Murkowski and Ranking
Member Maria Cantwell. We encourage the Senate to take up S.
2012 with the following priorities in mind to help maintain
bipartisan support and pass a bill that can be enacted into
law.
First, S. 2012 should preserve and strengthen the role of
the U.S. Department of Energy (DOE) in supporting and
propagating updated building energy codes at the state and
local level. In terms of energy and cost savings, as
explained in more detail in the enclosed analysis prepared by
the American Council for an Energy-Efficient Economy (ACEEE),
U.S. homeowners and businesses stand to realize tremendous
gains from state and local adoption of current building
energy codes. U.S. DOE's role in code adoption is critical
and S. 2012 (as reported) would lead to even greater savings
over time. We support the building energy codes language
currently included in S. 2012 and encourage in the strongest
terms its inclusion in any comprehensive energy legislation
considered by the Senate.
Second, we encourage the Senate to adopt provisions that
would permit and encourage the inclusion of energy efficiency
in the residential mortgage underwriting process. These
provisions were first articulated in the Sensible Accounting
to Value Energy (SAVE) Act, first introduced by Senators
Johnny Isakson and Michael Bennett, and currently included in
legislation that was also favorably reported by the Senate
ENR Committee with strong bipartisan support. The SAVE Act
would allow the commonsense consideration of energy
efficiency during mortgage underwriting, which would help
homeowners realize the true value of home improvements that
improve comfort and generate savings. We would support an
amendment to add the SAVE Act provisions to S. 2012.
Third, we urge the Senate to approve an amendment that
would replace the current provisions relating to residential
furnace standards in S. 2012 with language that matches Sec.
3123 of H.R. 8, the North American Energy Security and
Infrastructure Act of 2015, which was approved by the House
of Representatives on December 3, 2015. Unfortunately, at the
last minute, apparently due to the time-crunch that typically
accompanies a committee business meeting, language was added
to S. 2012 that did not reflect a consensus reached by
stakeholders. We would support an amendment to replace the
current non-consensus furnace standard language in S. 2012
with the House-adopted consensus language that was developed
over time and is broadly supported by stakeholders.
And fourth, we also support the retention of
reauthorizations of the Weatherization Assistance Program and
the State Energy Program in S. 2012. These provisions are
critical for low-income Americans in all parts of the country
and generate benefits across all sectors of the economy.
Energy efficiency is an energy resource--available to all
homeowners and businesses--that is essential to our country's
energy independence. More than half of the energy used today
to power our economy is wasted, which represents an enormous
opportunity for achieving savings and extracting gains in the
energy productivity of our economy. The Senate now has an
opportunity to pass comprehensive legislation, which
currently enjoys strong bipartisan support, that would
improve the energy efficiency of homes and commercial
buildings in every town, city, county, and state; help
consumers and businesses manage their energy consumption and
realize returns on their investments; and generate meaningful
savings for all Americans.
Thank you for your consideration.
Alliance to Save Energy, American Council for an Energy-
Efficient Economy, ASHRAE, Association of Energy
Engineers, Big Ass Solutions, Efficiency First, Energy
Future Coalition, Environmental and Energy Study
Institute, Home Performance Coalition, Institute for
Market Transformation, International Association of
Lighting Designers, International Copper Association,
Ltd., Large Public Power Council, National Association
of Energy Service Companies, North American Insulation
Manufacturers Association, National Association of
State Energy Officials, Sacramento Municipal Utility
District, Schneider Electric, Seattle City Light, The
Stella Group, Ltd., U.S. Green Building Council.
____
NAIOP, Commercial Real Estate Development Association,
Herndon, VA, January 27, 2016.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Harry Reid,
Minority Leader, U.S. Senate,
Washington, DC.
Re support for ``The Energy Policy Modernization Act of
2015'' (S. 2012).
Dear Majority Leader McConnell and Minority Leader Reid: On
behalf of NAIOP, the Commercial Real Estate Development
Association, I write to express our strong support for ``The
Energy Policy Modernization Act of 2015'' that passed the
Energy and Natural Resources Committee with a bipartisan
vote.
NAIOP is the leading organization for developers, owners,
investors and related professionals in office, industrial,
retail and mixed-use real estate, and comprises 18,000
members and 48 local chapters throughout the United States.
Specifically, we support the language that was drafted by
Senators Rob Portman (R-OH) and Jeanne Shaheen (D-NH) and
included in the energy efficiency title for buildings in the
bill. We have worked with staff for a number of years on this
issue, and we commend Senators Portman and Shaheen for
facilitating the numerous discussions that took place with a
variety of stakeholders. The latest version of this bill
reflects a broad compromise on a host of efficiency measures
that has increased support for this bipartisan legislation.
In order to create responsible building codes, economic
feasibility and initial costs need to be considered with a
realistic payback to the developer in order for energy
efficiency gains to be viable. This legislation ensures that
the Department of Energy will consider the recoupment of
investment costs when developing efficiency targets, and
allows for comment on those targets through a formal
rulemaking.
We are thankful for the opportunity to represent the
interests of the commercial real estate development industry
throughout this process and feel strongly that this
legislative approach is the best way for the federal
government to promote energy efficiency in the built
environment.
I respectfully urge you and your colleagues to pass this
important legislation.
Sincerely,
Thomas J. Bisacquino,
President and CEO, NAIOP.
____
January 27, 2016.
Hon. Mitch McConnell,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Harry Reid,
Democratic Leader, U.S. Senate,
Washington, DC.
Dear Leaders McConnell and Reid: We the undersigned
businesses and trade associations are writing to express our
strong support for the policies included in Energy Policy
Modernization Act of 2015 (S. 2012) that promote energy
efficiency in industrial, commercial, and residential
applications and urge full Senate consideration early this
year.
We support low to no-cost, no-mandate bills that advance
energy efficiency, while preserving the critical role of
government oversight. American taxpayers save money on their
energy bills and businesses thrive when we reduce regulatory
burdens, increase transparency, and focus on the federal
government as a first mover. We believe that the energy
efficiency provisions in S. 2012 will have a positive impact
on the U.S. economy.
Our businesses, along with many trade associations,
companies and advocacy organizations, have long supported
common sense energy efficiency legislation, such as those
sponsored over the last two Congresses by Senators Portman
and Shaheen. We commend Chairman Murkowski and Senator
Cantwell for including these provisions in S. 2012. We
believe that the energy efficiency title of S. 2012, which
passed out of Committee on an 18-4 vote, is a win-win
approach that will reduce energy consumption, advance the
adoption of new technologies, produce energy savings for
businesses and families, and encourage private-sector job
creation creating a stronger and more durable American
economy.
Some of the sections we are most enthusiastic about include
the federal energy related provisions and the building codes
section, which was developed through a bipartisan,
transparent process and does not include state mandates. We
urge lawmakers to retain the current language supporting
strong, updated model building energy codes. Several of the
provisions we support have also been introduced as stand-
alone legislation such as S. 869, the All-of-the-Above
Federal Building Energy Conservation Act of 2015; S. 1046,
the Smart Building Acceleration Act; S. 1054, the Smart
Manufacturing Leadership Act; and S. 858, the Energy Savings
Through Public Private Partnership Act. We would further ask
that you include S. 1038, the Energy Star Program Integrity
Act and the SAVE Act, which was included in The Energy
Savings and Industrial Competitiveness Act (S. 720) reported
out by the Energy and Natural Resources Committee last year,
and is a voluntary means to improve residential energy
efficiency and thereby save homeowners money.
We urge you to bring S. 2012 to the Senate for a vote early
this year. It includes pragmatic, reasonable energy policies.
Energy efficiency policies that enjoy strong bipartisan
support, do not rely on an outlay of taxpayer
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dollars, and do not impose mandates on consumers deserve
prompt consideration by Congress.
Sincerely,
A.O. Smith Corporation, ABB Inc., Accella Performance
Materials, American Chemistry Council, BASF, Big Ass
Solutions, Bosch Group, Composite Lumber Manufacturers
Association, Copper Development Association, Covestro,
LLC, Danfoss, Dow Chemical Company, Extruded
Polystyrene Foam Association, Federal Performance
Contracting Coalition, Honeywell, Ingersoll Rand,
Johnson Controls, Inc., National Association of
Manufacturers, National Electrical Manufacturers
Association, North American Insulation Manufacturers
Association, Owens Corning, PPG Industries, Quadrant
Urethane Technologies Corp., Roof Coatings
Manufacturers Association, Schneider Electric, Siemens
Corporation, Society for Maintenance and Reliability
Professionals, SPI: The Plastics Industry Trade
Association, The Brick Industry Association, U.S.
Chamber of Commerce, United Technologies, Whirlpool
Corporation.
Mrs. SHAHEEN. In closing, in a little while this afternoon, we will
have a series of votes on amendments to the Energy Policy Modernization
Act, and we will have a final vote for passage of the bill. I believe
and it is certainly my hope that the broad package will pass. I think
it has been far too long since Congress passed a comprehensive energy
bill. It is time for us to work together to pass this important piece
of legislation to improve our Nation's energy policies and to help grow
our economy.
I believe there is support in the other Chamber, in the House, to
take up this energy package and hopefully to pass it this year because
it will improve our economy, it will improve our national security, and
it will improve our environment. This is legislation we should all get
behind.
Again, I thank my colleague Senator Portman and applaud Senators
Cantwell and Murkowski for all of the work they have done to bring this
legislation to the floor.
I yield the floor.
The PRESIDING OFFICER. Who yields time?
The Senator from New Mexico.
Mr. HEINRICH. Madam President, I rise today to speak about this
bipartisan energy package we are going to be voting on today. Last year
my colleagues and I on the Senate Energy and Natural Resources
Committee worked together to pass a package that received incredibly
strong and bipartisan support at a time when that is hard to come by.
I think it is important to start my comments today by simply thanking
the chair and ranking member of the Energy Committee, Senators
Murkowski and Cantwell. As Senator Portman mentioned, they showed
incredible leadership and also incredible patience. That patience and
persistence on behalf of all of us is now paying off.
My home State of New Mexico occupies a very central and interesting
place in nearly every facet of our Nation's energy industry, including
uranium enrichment, oil and gas production, refining, wind and solar
energy, as well as the research and development of new energy
technologies--technologies of the future that come out of our National
Laboratories and our research universities. That is why I have been
working so hard in the Senate to position New Mexico and our Nation to
take maximum advantage of new, clean energy sources and innovative
technologies and transmission, while intelligently utilizing our
reserves of traditional fuels as well.
This package will be the first comprehensive Energy bill to pass the
Senate since 2007. I would like to think that it shows that we can look
for areas where both parties can work together even if we don't
completely agree and, probably most importantly, when we don't
completely agree and still move our national priorities and our energy
policy forward.
This package also includes permanent reauthorization of the Land and
Water Conservation Fund. LWCF is one of America's most successful
conservation programs. It has preserved our outdoor heritage, protected
clean air and precious supplies of drinking water, and supported jobs
across this entire Nation. Permanent reauthorization of LWCF is a major
victory for conservation. I will continue to fight to fully fund LWCF
so that we can make strong and smart investments in our public lands.
I wish to particularly focus my remarks today on the Bipartisan
Sportsmen's Act, which is a key part of this bill. The Sportsmen's Act
has been a long time in the making. I am very proud to lead this
bipartisan effort with the Energy and Natural Resources chair, Lisa
Murkowski of Alaska. After attempts stalled on the sportsmen's bills in
recent years, the Energy and Natural Resources Committee worked hard to
find areas of agreement. We didn't allow controversial amendments from
either side of the aisle to derail these efforts.
Hunting and fishing are an integral part of our American heritage.
Without our public lands, that tradition would be lost to many
westerners. Our public lands belong to all of the American people.
Like many New Mexicans, some of my favorite memories with my family
are from camping, fishing, hiking, and hunting in New Mexico's national
forests and on our Bureau of Land Management land. I will always
remember taking my son Carter on his first backcountry elk hunting trip
in the Carson National Forest. The bull elk that we brought home fed
our family for a year, but that experience of backpacking in the high
country, sleeping on the ground, and hearing the elk bugle around us
will feed his imagination for his entire life. I look forward to having
that same sort of experience with his younger brother, Micah.
These traditions--hunting, hiking, camping, and fishing--are among
the pillars of western culture and a thriving outdoor industry and
recreation economy.
This bipartisan package of sportsmen's bills includes a broad array
of measures to enhance opportunities for hunters, anglers, and outdoor
recreational enthusiasts of all stripes. It improves access to those
public lands, and it reauthorizes critical conservation programs. These
programs include the North American Wetlands Conservation Act, or
NAWCA, which provides grants to organizations, State and local
governments, and private landowners for the acquisition, restoration,
and enhancement of critical wetlands for migratory birds--a program
that every duck hunter and birder in the United States can agree on;
and the National Fish Habitat Conservation Program, which encourages
partnerships among public agencies, tribes, sportsmen, private
landowners, and other stakeholders to promote fish conservation.
It reauthorizes the Federal Land Transaction Facilitation Act to
direct revenue from the sale of public land to the acquisition of high-
priority conservation land from willing sellers to expand fish and
wildlife habitat and public recreational opportunities.
Further, this bipartisan package will help boost the outdoor
recreation economy writ large. Nationally, according to the Outdoor
Industry Association, more than 140 million Americans make their living
or make outdoor recreation a priority in their daily lives. When they
do that, they end up spending $646 billion on outdoor recreation,
resulting in quality jobs for another 6.1 million Americans.
In New Mexico--a small State with just 2 million people--outdoor
recreation generates more than $6 billion a year. It provides 68,000
jobs and $1.7 billion in wages and salaries.
A survey done recently by New Mexico Game and Fish found that
sportsmen alone spend more than $613 million a year in the State
annually. That is an incredible contribution to our local economy. This
boost to our economy is felt by small business owners, and it is felt
by outfitter guides, hotels, restaurants, and the entire local
community, especially in rural areas where we need it most.
Yet, for far too many hunters and anglers, it gets harder and harder
each year to find a quiet fishing hole to fish for trout or a secluded
meadow to chase elk. As sportsmen face more and more locked gates and
more ``no trespassing'' signs, it is more important than ever that we
keep our public lands open and welcoming to hunters and anglers. I have
heard from sportsmen who have found roads on BLM lands closed to public
access without notice. I myself have experienced the frustration of
running into a locked gate on roads that used to be open and even
maintained by public agencies.
[[Page S2161]]
As opportunities for hunting and fishing shrink, we could lose the
next generation of hunters and anglers who will fund tens of billions
dollars in conservation and restoration through things such as
purchasing Duck Stamps, paying the taxes on ammunition, tackle, and
motorboat fuel--all of which are dedicated directly to the conservation
of fish and wildlife.
This bipartisan sportsmen's package will go a long way toward solving
many of these problems--many of the problems that hunters and anglers
face in accessing and using our Nation's incredible public lands. I am
particularly pleased that the package includes my legislation, the HUNT
Act, which requires public land agencies such as the Forest Service and
BLM to identify high-priority, landlocked public lands under their
management that currently lack legal public access.
Landlocked public lands are technically open to the public but are
sometimes literally impossible to reach unless you own a helicopter
because there are no public trails, no public roads leading to them.
Under the HUNT Act, Federal agencies such as the BLM and the Forest
Service are required to work with States, tribes, and willing private
landowners to provide public access to those landlocked areas that have
a significant potential for hunting, fishing, and other recreational
uses.
A study by the Center for Western Priorities estimated that at least
half a million acres of public lands in New Mexico are currently
landlocked with difficult legal public access. The HUNT Act is the
first dedicated effort to reopen these lands to their owners. Public
lands such as the Gila Wilderness, Valles Caldera National Preserve,
and the Rio Grande del Norte National Monument are some of the most
special places to hunt and fish on the planet. These are the places
that make New Mexico so enchanting and make our country so special.
I am incredibly excited to see that this natural resources amendment
also includes the establishment of two new wilderness areas within the
Rio Grande del Norte National Monument northwest of Taos, NM. New
Mexicans have a deep connection to the outdoors and benefit from the
recreation, wildlife, water, and tourism opportunities that wilderness
areas provide.
For many years now, an incredibly broad coalition of northern New
Mexicans has worked to conserve the Rio San Antonio and Cerro del Yuta,
or Ute Mountain, areas. What is even more special about Ute Mountain
is, while today it is managed by the Bureau of Land Management, this is
actually a place that the Land and Water Conservation Fund helped put
in the public trust. I have no doubt that future generations will be
grateful for the many years of work and support that not only make
these two new wilderness areas possible but make access to special
places like this possible.
These two roadless areas provide important security habitats for elk,
mule deer, black bears, golden eagles, and even American pronghorn. I
want to say a special thanks to the local community--people who have
worked for decades to put this proposal together--as well as to Senator
Tom Udall, my colleague from New Mexico, and former Senator Jeff
Bingaman, for their incredible leadership as well.
Designating these two new wilderness areas completes a national
example of community-driven, landscape-scale conservation that will
preserve the culture, the natural resources, and the economy of this
incredibly stunning piece of New Mexico.
I am proud to work with my colleagues on both sides of the aisle
today to make sure we are making the best use of our energy and natural
resources. I am hopeful that, thanks to our vote today, our kids and
our grandkids will be catching trout and chasing mule deer on our
Nation's incredible public lands for many years to come.
I urge all of my colleagues to support this legislation. This was
many years in the making. It was difficult. It required an enormous
amount of compromise to get here, but it is an accomplishment worthy of
that effort, and I urge my colleagues to vote aye.
Madam President, I also wish to discuss an important component
addressed in this bipartisan energy package: critical minerals
retrieval from electronics and technological waste.
I am proud of the work accomplished in the Energy and Natural
Resources Committee and what we have achieved at this point to move
this bill forward. I would like to thank Senator Murkowski, along with
Senator Wyden, for taking a lead on these issues and getting support
for rare earth mineral recycling adopted into the legislation.
This piece of the legislation provides an important solution--
recycling--to reducing electronics waste while ensuring our Nation has
the rare earth minerals to meet demand for new technologies. While the
average American may not have this issue on their radar, it addresses
two major problems.
First, electronics waste is an international issue that is only
growing in magnitude as consumers obtain the latest devices--from
smartphones to automobiles. The United Nations reported last year that
90 percent of the world's supply of electronic waste is illegally
traded and dumped, imperiling lives and the environment. And more
unfortunately, the United States generates 3.4 million tons of waste
each year.
Second, rare earth minerals are crucial components of almost all of
the latest consumer technologies, such as hybrid cars, flat panel
televisions, and wind turbines. In 2014, the United States imported at
least 50 percent of 43 different minerals. The overwhelming majority of
the rare earth reserves and production are located in China. Should a
supply disruption occur in China, it will be our manufacturers,
consumers, and everyone who depends on the latest technologies for
their livelihoods who will suffer the consequences.
Section 3307 of the pending legislation directs the Secretary of
Energy to establish a program with Federal agencies, National
Laboratories, producers, academic institutions, and other concerned
stakeholders aimed at promoting efficient production, use, and
recycling of critical minerals. Section 3308 directs the Secretary of
Energy to put together a comprehensive analysis on rare earth mineral
supply and demand over multiple years, and section 3309 establishes an
assessment for the education and training of our workforces in
manufacturing, development, and recycling of rare earth minerals.
Higher education institutions would be able to apply for competitive
grants to help assist in this important critical mineral program work.
By providing support for electronics recycling, we are taking
necessary steps to provide economic security, while remediating an
international economic and environmental problem.
It is important that bipartisanship does not stop with the Energy
Policy Modernization Act, but that we continue to support and
incorporate technological development, create job opportunities for our
workers, and make our world a better one for future generations.
The PRESIDING OFFICER. The Senator from Kentucky.
Amendment No. 3787 to Amendment No. 2953
(Purpose: To provide for the establishment of free market
enterprise zones in order to help facilitate the creation of
new jobs, entrepreneurial opportunities, enhanced and renewed
educational opportunities, and increased community
involvement in bankrupt or economically distressed areas.)
Mr. PAUL. Mr. President, I call up my amendment No. 3787.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The legislative clerk read as follows:
The Senator from Kentucky [Mr. Paul] proposes an amendment
numbered 3787 to amendment No. 2953.
Mr. PAUL. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in the Record of April 13, 2016, under
``Text of Amendments.'')
Mr. PAUL. Madam President, I rise today to offer the largest, most
sweeping anti-poverty legislation since LBJ began the War on Poverty.
This legislation, if passed, would return $100 billion to areas of
poverty and high unemployment in our country--areas that have been
devastated by chronic unemployment and poverty. Communities like
Eastern Kentucky that have been devastated by the President's war on
coal would be rescued. Communities
[[Page S2162]]
like Flint, MI, where the water is unsafe to drink, would be restored.
Communities like Ferguson, the South Side of Chicago, and the West End
of Louisville would be given a chance to find the American dream if
this legislation is passed.
My legislation is not a gift or a grant; my legislation simply allows
$100 billion to remain in the hands of those who earned it. My
legislation will provide incentive for businesses and capital to return
to areas overwhelmed by chronic poverty and unemployment.
We are just past the 50-year mark on the War on Poverty. Sadly, 50
years later, we are still fighting that war, and every one of our
States still has areas of high unemployment and poverty.
I think it is time we try something different: an approach that
harnesses the ingenuity and the hard work of individuals, families, and
businesses in our most afflicted communities; an approach that invites
new investment to these communities; an approach that is free from
government bailouts and bureaucrats picking winners and losers; an
approach that provides hope and opportunity.
Economic freedom zones will be the largest anti-poverty program since
the War on Poverty. Economic freedom zones are areas of reduced taxes
and reduced regulations that increase incentives for business to come
into these poor communities. This is about much more than a government
stimulus or a handout. This legislation will empower communities by
leveraging the human capital, natural resources, and business
investment opportunities that already exist.
Reducing taxes in economically distressed areas is a stimulus that
will work because the money is returned to businesses and individuals
who have already proved they can succeed. This isn't government picking
whom to give the money to; this is returning the money to those who
have earned it and trying to get those businesses to expand.
Cities and counties will be designated as ``economic freedom zones''
if local unemployment is 50 percent above the national average or if
poverty is 30 percent above the national average. Localities that are
bankrupt--such as Detroit or Flint--or are in danger of bankruptcy are
also eligible in order to attract new investment and economic activity
that will help shore up the local finances without the need for a
bailout. By slashing the Federal tax rate to 5 percent for a 10-year
period, we can finally incentivize more businesses to locate in our
struggling communities and provide more jobs and opportunities.
My plan leaves the hard-earned dollars of those of the community
right there in the community. Instead of sending your money to
Washington and begging to get some back, we leave it in your community
to stimulate job production and economic growth in your community. It
doesn't come to Washington, where politicians often pick the winners
and losers; it stays with the community, where the consumers decide who
succeeds.
Economic freedom zones will work where Big Government has failed
because the money will remain in the hands of people whom local
consumers have voted most able to run a business. Whereas big
government programs often send money to people who are unable to run a
business, who have no proven track record--think of Solyndra; we gave
$500 million to people who didn't have a good business plan--economic
freedom zones return the money to businesses and the individuals who
have already proved they can run a successful business.
The President's big government stimulus plan was funded by debt. It
didn't work because government always fails to identify profitable uses
for capital, whereas returning capital to those who originally earned
it will provide a stimulus that is exponentially bigger.
In the eastern part of Kentucky, this legislation would provide over
half a billion dollars each year in much needed capital. In West
Louisville, this legislation would provide an annual infusion of over
$200 million. More importantly, this legislation will provide hope and
opportunity where very little optimism currently exists.
For Detroit, it would mean that an extra $368 million stays in
Detroit, in the hands of the families who earned it, and it will be
spent locally. Businesses that have demonstrated success will be able
to hire new employees. Businesses that move to the area and hire
employees will be able to take advantage of these low tax rates and
will be welcomed and encouraged to come to the community by the
attraction of these low tax rates.
Flint--a city you see in the news every day--which is struggling even
to keep clean water, will see an immediate cash infusion of $124
million if my bill were to pass. As business returns to Flint, as the
local economy begins to grow, so too will the ability of local
government to finance their infrastructure. This legislation will help
the city's economy recover and its families have more of their own
money to spend on their own needs. We skip the middleman. Don't send
the money to Washington. If you want to help poor communities in our
country, leave the money there. Skip the middleman; don't send to it
Washington.
Economic freedom zones will mean an extra $452 million a year left in
Baltimore and $1.5 billion left in Chicago. These economic effects will
be real and will be felt immediately. Economic freedom zones will also
provide other reforms that set the stage for medium- and long-term
growth. We will lift some of the most anti-growth regulatory burdens.
We will allow Federal permitting for construction projects. We will
allow this permitting process to be streamlined so we can rebuild our
cities.
Regulations that artificially drive up labor costs so public projects
cost 20 percent, 30 percent more than private projects--we will
eliminate these rules to allow your tax dollars to go further. We will
also encourage foreign investment to bring jobs back to these chronic
areas of poverty and unemployment. Outside investment into local
education and social services will be encouraged. To set the stage for
continuous growth and opportunity for the next generation, educational
reforms will allow parents to move their children out of failing
schools and into the school of their choice.
The War on Poverty has been going on for over 50 years, and it often
seems as though poverty is winning. They say the definition of insanity
is trying the same thing over and over again and expecting a different
result. Big government programs have not cured poverty. In fact, some
would argue they have made it worse. Isn't it time we tried something
different?
Today the Senate will have a chance to try something different. Today
the Senate will have an opportunity to begin the rebuilding of America.
I urge my colleagues to vote for economic freedom zones.
I yield the floor.
The PRESIDING OFFICER (Mr. Lankford). The Senator from Minnesota.
Mr. FRANKEN. Mr. President, I rise to voice my support for the
passage of the Energy Policy Modernization Act. I am pleased the Senate
is considering and on the verge of passing legislation to update our
Nation's energy policy. I thank Chairwoman Murkowski, Ranking Member
Cantwell, and their staffs for their hard work in getting this bill to
the floor of the Senate.
The Energy Policy Modernization Act is a good bill, but it is not a
perfect bill. It is a compromised piece of legislation, and it does
contain provisions I do not support, such as expediting the export of
liquid natural gas, which I am concerned could raise domestic energy
prices and harm steelworkers in northern Minnesota, but there are also
a number of important provisions I do support.
Congress has not passed a comprehensive energy bill since 2007, and a
lot has changed in the energy sector since then. I believe
comprehensive energy legislation needs to promote innovation, deploy
clean energy technology, reduce greenhouse gases, and create good-
paying jobs. The energy efficiency title of this bill will help produce
electricity use, save consumers money, and increase our competitiveness
through commonsense measures such as updating building codes. The bill
permanently reauthorizes the Land and Water Conservation Fund to ensure
that we preserve our natural resources for generations to come. It also
invests billions of dollars in science and innovation through the
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reauthorization of ARPA-E and the DOE Office of Science. These are the
types of investments we will need to transform our energy system, an
energy system that has been powered by dirty fossil fuels but is
increasingly powered by clean, renewable technologies.
This bill also includes a provision I authored with Ranking Member
Cantwell to invest $50 million per year in energy storage research and
development. Energy storage will pay a crucial role in helping unlock
substantial new renewable energy resources. As you know, the Sun shines
during the day and the wind blows more at night. Balancing these
intermittent resources can be a challenge for energy providers, and
this is where I see storage playing a critical role in ensuring that
our electricity generation meets our demand. While storage technology
has been around for a long time, we need the next generation of
technologies for cost-effective implementation at the grid scale. This
investment will spur innovation at universities and in the private
sector to help get us where we need to be.
Investing in energy storage will also position the United States to
lead in exporting these technologies to power-hungry countries around
the world. Take India, for example. India's goal is to deploy 100
gigawatts of new solar power by 2022--a truly impressive target. As
India and other countries build economies based on renewable energy,
they will need storage technologies to turn intermittent solar energy
into baseload power. I want America to develop and manufacture these
storage technologies which will create jobs and lower emissions at the
same time.
Energy storage also has the benefit of making our grid more
resilient. According to the Department of Energy's 2015 Quadrennial
Energy Review, weather was responsible for half of the reported grid
outages between 2011 and 2014 when customers went without power, and
with the climate changing, it is essential we minimize the impact of
weather-related grid outages on American households and businesses.
Additional storage capacity will do just that--improving resilience to
all types of grid disruption and allowing us to keep the lights on.
I also worked on a provision in this bill to reauthorize the DOE
Office of Indian Energy. This office provides education, training,
technical assistance, and grants to American Indian tribes and Alaska
Native villages that are looking to develop energy projects. Since
2002, this office has provided $50 million for almost 200 renewable
energy and energy-efficiency projects in Indian Country. We want to
build on this momentum and continue this successful program. I am
pleased we have extended the authorization of this office for another
10 years.
This Friday more than 100 nations will come together in New York to
sign the Paris Agreement to reduce greenhouse gas emissions and combat
climate change. While commitments to reducing emissions are important,
they must be followed by real action to reduce our carbon footprint.
The Energy bill we are debating takes an important step forward in
doing just that, but of course we cannot stop here. Climate change is
an existential threat to our planet and future generations. As a
country, we must continue to expand clean energy and reduce greenhouse
gases. I hope we can continue to build on the bipartisan work we did
with this bill to do just that.
I thank the Presiding Officer and yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Amendment No. 3312 to Amendment No. 2953
Mr. UDALL. Mr. President, first I wish to thank and congratulate
Chairman Lisa Murkowski and Ranking Member Maria Cantwell for all their
hard work and leadership on this Energy bill. They have done a very
good job of getting this bill to the floor, and we now find ourselves
in the position to offer amendments, which I am here to do. I think all
of us are very happy to be able to be moving this legislation along and
amending it.
My amendment is a very simple study amendment. It directs the
Secretary of the Treasury to study and submit a report to Congress on
potential clean energy victory bonds. This amendment is pro-clean
energy. It changes no rules, it does not mandate any actual bonds, and
being a study it does not score or impact the budget.
Citizens across this country want to see a cleaner energy future.
They are doing their part to conserve energy, purchase cleaner energy,
and invest in clean energy mutual funds. They are doing this on a
voluntary basis. It is having a big impact and pushing clean energy
technologies forward in a rather dramatic way, but we also understand
our energy challenges are broad and require large-scale investments by
many investors.
We can harness and keep it voluntary without any cost to taxpayers
through clean energy victory bonds. The Federal Government is our
Nation's largest energy consumer, with more than 350,000 buildings and
600,000 road vehicles. Think about your own electricity bill that you
pay each month and the gas you buy at the pump. The U.S. Government has
to pay such bills as well to the tune of over $20 billion each year.
Most of that, about two-thirds, is for petroleum.
The Federal Government wants to cut its bills too. We invest in clean
energy through energy efficiency upgrades and through power purchase
agreements for cleaner energy and stable, predictable energy prices.
The government has a choice about these options just as private
citizens do. Private citizens can choose the types of energy they
purchase for their homes and their businesses, and many opt for wind
power, solar power, or other clean energy sources, or they install
energy-efficient windows and appliances. Many tell me they want to help
our government make these choices as well. Clean energy victory bonds
could help us move in that direction. By purchasing a Treasury bond
specifically devoted to clean energy, Americans can help the government
supplement its energy purchases with energy efficiency upgrades and
clean energy decisions. These investments could provide additional
support to existing Federal financing programs already available to
States for energy efficiency upgrades and clean energy. What is
exciting about this option is that smart investments can help pay for
themselves and bring a return on investment to people who purchase
these bonds. That is why we think it is so important to study this
option. It is a simple financial instrument that is a win for people
saving money and a win for reducing the government's energy bill and it
is all on a voluntary basis.
During the First and Second World Wars, our country faced threats we
had never faced before. We rose to the challenge and gave it everything
we had. Everyone contributed, and for many that included investing in
victory bonds. They helped pay for the cost of the war--$185 billion.
That would be over $2 trillion today. Folks lined up to buy those
bonds. That is the spirit of the American people--to pull together. It
was true then and it is still true today.
We face a very different challenge today. Our energy challenges are
seen on multiple fronts, from the impacts to our environment to our
global and international struggles based on our dependence on foreign
oil. Citizens want to unite and contribute. They want investments in
homegrown American clean energy. Many cannot afford to buy solar panels
for their own homes or invest $1,000 minimums to buy clean energy
mutual funds, but many can afford $25 for a clean energy victory bond.
This amendment asks the Secretary of the Treasury to help inform
Congress on the feasibility and structure of developing such a tool. It
has broad support from groups such as the American Sustainable Business
Council, Green America, the American Wind Energy Association, Ceres,
the Union of Concerned Scientists, and many other groups. It has broad
support out there.
Mr. President, I ask to call up my amendment No. 3312 and ask that it
be reported by number.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The legislative clerk read as follows:
The Senator from New Mexico [Mr. Udall] proposes an
amendment numbered 3312 to amendment No. 2953.
The amendment is as follows:
(Purpose: To require the Secretary of the Treasury to develop a plan
for issuance of Clean Energy Victory Bonds)
At the appropriate place, insert the following:
[[Page S2164]]
SEC. ___. CLEAN ENERGY VICTORY BONDS.
(a) In General.--Not later than July 1, 2016, the Secretary
of the Treasury, in coordination with the Secretary of Energy
and the Secretary of Defense, shall submit a report to
Congress that provides recommendations for the establishment,
issuance, and promotion of Clean Energy Victory Bonds by the
Department of the Treasury (referred to in this section as
the ``Clean Energy Victory Bonds Program'').
(b) Requirements.--For purposes of subsection (a), the
Clean Energy Victory Bonds Program shall be designed to--
(1) ensure that any available proceeds from the issuance of
Clean Energy Victory Bonds are used to finance clean energy
projects (as defined in subsection (c)) at the Federal,
State, and local level, which may include--
(A) providing additional support to existing Federal
financing programs available to States for energy efficiency
upgrades and clean energy deployment, and
(B) providing funding for clean energy investments by the
Department of Defense and other Federal agencies,
(2) provide for payment of interest to persons holding
Clean Energy Victory Bonds through such methods as are
determined appropriate by the Secretary of the Treasury,
including amounts--
(A) recaptured from savings achieved through reduced energy
spending by entities receiving any funding or financial
assistance described in paragraph (1), and
(B) collected as interest on loans financed or guaranteed
under the Clean Energy Victory Bonds Program,
(3) issue bonds in denominations of not less than $25 or
such amount as is determined appropriate by the Secretary of
the Treasury to make them generally accessible to the public,
and
(4) collect not more than $50,000,000,000 in revenue from
the issuance of Clean Energy Victory Bonds for purposes of
financing clean energy projects described in paragraph (1).
(c) Clean Energy Project.--The term ``clean energy
project'' means a project which provides--
(1) performance-based energy efficiency improvements, or
(2) clean energy improvements, including--
(A) electricity generated from solar, wind, geothermal,
hydropower, and hydrokinetic energy sources,
(B) fuel cells using non-fossil fuel sources,
(C) advanced batteries,
(D) next generation biofuels from non-food feedstocks, and
(E) electric vehicle infrastructure.
Mr. UDALL. I thank the Presiding Officer and will yield the floor. I
know Senators Bennet and Isakson are here. They are both great leaders
when it comes to clean energy and working on this legislation.
I yield the floor.
The PRESIDING OFFICER. The Senator from Georgia.
Mr. ISAKSON. Mr. President, what is the pending business?
The PRESIDING OFFICER. Udall amendment No. 3312.
Amendment No. 3202 to Amendment No. 2953
(Purpose: To improve the accuracy of mortgage underwriting
used by the Federal Housing Administration by ensuring that
energy costs are included in the underwriting process, to
reduce the amount of energy consumed by homes, to facilitate
the creation of energy efficiency retrofit and construction
jobs, and for other purposes.)
Mr. ISAKSON. Mr. President, I ask to call up the Isakson-Bennet
amendment.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The legislative clerk read as follows:
The Senator from Georgia [Mr. Isakson] proposes an
amendment numbered 3202 to amendment No. 2953.
(The amendment is printed in the Record of February 2, 2016, under
``Text of Amendments.'')
Mr. ISAKSON. Mr. President, I am delighted to rise in favor of the
Isakson-Bennet amendment, the SAVE Act, and glad to acknowledge my hard
work with Michael Bennet, who has been a great partner in this effort.
I particularly want to acknowledge the patience of Senators Cantwell
and Murkowski in allowing this bill and amendment to come forward. They
have exemplified the type of patience that is necessary to do
legislative work and do it well.
Very simply, this bill allows the Federal Housing Administration, in
the underwriting of a mortgage loan for a family applying for that
loan, to consider in the value of the appraisal, the enhanced over-
minimum standards that are put in for insulation and the enhanced over-
minimum standard savings that come to the consumer from those energy
standards being put in. So the borrower gets credit as if it is income
from the savings that comes from putting in the insulation for the
higher standards. The value of the property is enhanced in order for
the borrower to be able to pay for the enhancements, and they are
permanent. It is a win-win-win proposition.
Why are we doing this? It already worked in the United States. It
worked in the 1980s when the savings and loan industry made most of the
mortgage loans. In Georgia, we had a program called Good Sense Housing.
If you put in enhanced energy savings, you were given credit toward
qualification on your loan. When we put them in, we had better thermal
windowpanes, better results, and less consumption.
This a good amendment that allows consumers to get what they want and
allows Americans to enjoy more energy-efficient housing.
I urge my colleagues to support this amendment.
The PRESIDING OFFICER. The Senator from Colorado.
Mr. BENNET. Mr. President, I wish to thank the Senator from Georgia
for his tireless work on this bill. We have been at it now for 3 years,
and here we are on the floor close to passing it. There is not a
Senator in this body who possesses the knowledge that Senator Isakson
does about real estate and how it works in the United States. It has
been a real privilege to work with him on the bill.
I also wish to thank the chairwoman and the ranking member of the
committee for their fine work on this bill.
It is time to enact this commonsense bill, the SAFE Act, as it is
called. It is supported by groups all across the political spectrum,
including the Chamber of Commerce, the National Association of
Manufacturers, the Sierra Club, and the Natural Resources Defense
Council.
Our amendment, as Senator Isakson said, would allow for a home's
energy efficiency to be considered when a borrower applies for a loan.
So when you apply for a mortgage, you can request an energy audit, and
if you have a loan backed by the Federal Housing Administration, the
energy efficiency of your new home and your future energy bills will be
taken into account by your mortgage lender. Why is that important?
Well, today, even though homeowners spend more money on energy than
they do on taxes or buying home insurance, energy costs are not taken
into account. And when they are taken into account, as a consequence of
this bill, the savings derived from that energy efficiency can then be
applied to paying your mortgage.
I want to be clear--and Senator Isakson said this--this amendment is
not a mandate. It simply sets up a voluntary program.
It will create thousands of jobs in manufacturing and construction.
By 2040, the estimates are that it will save consumers $1.2 billion in
energy costs and save enough energy to power 100,000 homes every year.
I have heard from builders all across Colorado who support this
amendment--people like Gene Myers, CEO and founder of Thrive Home
Builders in Denver. He has built more than 1,000 energy-efficient
homes, but he understands that we won't fully attain the benefits of
efficiency in the market until we properly value it.
For these reasons, a large and diverse coalition supports this
amendment.
I urge my colleagues to support this commonsense amendment to improve
energy efficiency, save money, and create American jobs.
Mr. President, I yield to the Senator from Georgia.
Mr. ISAKSON. Mr. President, I thank Senator Bennet for his support,
and I urge each Member of the Senate today to vote favorably for the
SAVE Act and favorably for the end legislation.
I yield the floor.
The PRESIDING OFFICER. The Senator from Colorado.
Mr. BENNET. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. DAINES. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DAINES. Mr. President, today we will take steps to secure our
Montana heritage and ``Made in Montana'' jobs. We will stand up for the
Montana way of life.
Today we will pass a bill that for the first time would permanently
reauthorize the Land and Water Conservation
[[Page S2165]]
Fund, an important piece of legislation ensuring that Montanans have
access to public lands.
As a fifth generation Montanan and avid sportsman, I recognize how
valuable public lands are and the importance of ensuring access for
generations to come. In fact, during the summer recesses, when many
Senators are traveling around the world, there is no better place that
I like to be than the back country of Montana, like I was last summer
with my wife, my son, and our dog Ruby in the Beartooth Wilderness. In
Montana and throughout the country, the Land and Water Conservation
Fund plays a critical role in achieving the goal of increased access
and by helping to preserve and protect Montanans' opportunities to
enjoy hunting, fishing, and other outdoor recreation.
LWCF keeps lands, like family ranches, in the family and working. It
keeps forests in productive use through the Forest Legacy Program, such
as in the Haskill Basin, where my good friend Chuck Roady of Stoltze
Land and Lumber works. Today will be a victory for them--like Eric
Grove of Great Divide Cyclery in Helena, MT, who has built his mountain
bike business around the South Hills Trail System outside of Helena,
facilitated by LWCF.
There are many other small businesses like Eric's in Montana that
depend on our thriving outdoor economy.
This bill will also streamline the permitting for the export of
liquefied natural gas, allowing more American energy to power the
world.
Montana is the fifth largest producer of hydropower in the Nation,
and we have 23 hydroelectric dams. This bill strengthens our Nation's
hydropower development by defining hydro as a renewable fuel. Only in
Washington, DC, would hydro not be defined as a renewable source of
energy. I am glad to see we will get that cleared up with this bill
today. This is great news for Montana, and it is well overdue.
This energy bill will establish a pilot project to streamline
drilling permits if less than 25 percent of the minerals within the
spacing unit are Federal minerals. That is of particular importance to
Montana, given the patchwork of land and mineral ownership in the
Bakken.
This bill will improve Federal permitting of critical and strategic
mineral production, which supports thousands of good-paying Montana
jobs and is essential to our national security and international
competitiveness. The absence of just one critical mineral or metal
could disrupt entire technologies, entire industries, and create a
ripple effect throughout our entire economy.
For example, Stillwater mines in Montana is one of the only sources
of palladium and platinum in the world. Currently, the United States
has one of the longest and most arduous permitting processes for
critical minerals in the world. This bill helps address those concerns.
Metal and nonmetal mining also has directly created more than 16,000
good-paying Montana jobs. In fact, mining overall helps support more
than 22,000 jobs across Montana.
In Montana, energy supports thousands of good-paying jobs for union
workers, for tribal members. Access to our State's one-of-a-kind public
lands is critical to our State's tourism economy and our way of life.
We in Montana say we work, but we also like to play, striking the right
balance towards responsible natural resource development as well as
protecting our public lands.
With today's passage of the energy bill, we will help unleash
Montana's and our country's energy potential and uphold our country's
commitment to conservation.
I urge adoption of the bill and commend Chairman Murkowski for her
leadership.
Thank you, Mr. President.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. LANKFORD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Daines). Without objection, it is so
ordered.
Amendment No. 3210 to Amendment No. 2953
Mr. LANKFORD. Mr. President, I call up my amendment No. 3210 and ask
that it be reported by number.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The bill clerk read as follows:
The Senator from Oklahoma [Mr. Lankford] proposes an
amendment numbered 3210 to amendment No. 2953.
The amendment is as follows:
(Purpose: To add provisions relating to acquisition of Federal land
under the Land and Water Conservation Fund)
On page 426, after line 23, add the following:
(e) Certain Land Acquisition Requirements.--Section 200306
of title 54, United States Code (as amended by subsection
(d)), is amended by adding at the end the following:
``(e) Non-road Deferred Maintenance Backlog.--If the non-
road deferred maintenance backlog on Federal land is greater
than $1,000,000,000, acquisitions of land under this section
may not exceed the level of deferred maintenance backlog
funding.
``(f) Maintenance Needs.--In making an acquisition of land
under this section, funds appropriated for the acquisition
shall include any funds necessary to address maintenance
needs at the time of acquisition on the acquired land.
``(g) Congressional Approval of Certain Land
Acquisitions.--For any acquisition of land under this section
for which the cost of the land is greater than $50,000 per
acre--
``(1) before acquiring the land, the Secretary shall submit
to Congress a report that describes the land proposed to be
acquired; and
``(2) no acquisition may be made unless the proposed
acquisition is--
``(A) reported to Congress in accordance with paragraph
(1); and
``(B) approved by the enactment of a bill or joint
resolution.''.
Mr. LANKFORD. Mr. President, there are a lot of good things in this
bill that we are discussing. There are a lot of good amendments that
have been brought to the floor.
There has been an awful lot of conversation over the past year about
a program called the Land and Water Conservation Fund. It is a
straightforward program that has been around for a long time. It takes
money from revenue from offshore oil drilling and it uses that money to
purchase land, usually next to a national park or in other areas, and
that becomes Federal land.
The problem is that over the decades we have continued to accumulate
more money in the Land and Water Conservation Fund and we have
continued to accumulate more land onto the Federal roll but we are not
taking care of what we have.
The issue with this particular version of the Land and Water
Conservation Fund is that it is not a short-term extension the way it
has always been in the past; it is a permanent program put in place--
permanent meaning there are no changes. So permanently we put in a
structure that continues to purchase Federal lands without maintaining
those lands. We all know it. We all see it.
Year after year, everyone has said we should add more to maintenance,
but year after year we just buy more land using the Land and Water
Conservation Fund and never use other budget funds for maintenance
because, quite frankly, there are a lot of other vital Federal issues
that need to be paid for.
The simple solution to this is to take the money from the Land and
Water Conservation Fund and make sure that one simple thing is done:
that when we purchase land, we also maintain that land with that
funding. We also take care of the backlog.
This amendment is very straightforward: We use 50 percent to purchase
land and 50 percent to maintain the land until we at least get down to
a $1 billion backlog, and then we can reconsider. A $1 billion backlog
is the goal. In some ways, this has become controversial. I can't
believe it would be controversial to say: Let's try to work our Nation
down to only a $1 billion backlog in our maintenance for all our
Federal facilities.
We have record attendance at our national parks. They are beautiful
national treasures, but if we can't maintain them, then we reinforce
what is already true: that the Federal Government is the largest
landowner, largest land controller, and the worst landowner in the
country. Federal lands are maintained the least of any other large
holder of land. Let's fix it.
This doesn't take away the Land and Water Conservation Fund; this
makes sure we take care of what we have. When we purchase land and
bring it in, we make sure we also set aside money to fix it. Frankly,
it is straightforward.
[[Page S2166]]
Today my daughter turns 16 years old. She will at some point get a
used car. I am sure it will be a doozy--we are thinking somewhere
around a 1978 Volvo. Nice and tough. Indestructible. At some point she
will end up with a used car, but the requirement is that she has to be
a part of the purchase of it. When we buy that car, we will not use
everything in our savings account, nor will we allow her to use all of
her savings account. She has to have enough money to be able to put gas
in it and maintain it when it breaks down because it is a car and it
will break down. This change in the Land and Water Conservation Fund is
as simple as that. Whenever we put new land in the inventory, we make
sure we have money set aside to make sure we can actually take care of
it. Why have a car if you can't put gas in it? Why continue to add land
year after year if we are not going to maintain it? That is not good
stewardship of our resources; that is bad stewardship of our resources.
This amendment says that before we make this program permanent, let's
fix the structure of this program to make sure we are also watching out
for the program long term as well.
One other quick note. Some of the land that has been purchased has
been purchased for very high amounts, such as $1-million-per-acre types
of amounts. This amendment puts a simple block in it that says: Before
there is a purchase of land for more than $50,000 an acre, run that
through Congress to make sure someone has had a second look at that. It
is a straightforward provision to make sure the Federal taxpayer is not
paying more than they should per acre for land in the Federal
inventory.
I would urge the adoption of this amendment. This doesn't kill the
program; it enhances the program. It allows us to take better care of
our Federal land and to engage with that.
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Mr. President, before we go to the votes that have been
scheduled on this bill, I wanted to take a few more minutes. I
mentioned some of our colleagues from the Energy Committee and some of
their contributions, but I wanted to mention a couple of other
provisions that are in this underlying bill and to thank our colleagues
for their hard work, Senator Wyden particularly for his focus on
renewable energy technologies, such as marine and hydrokinetic and
geothermal. These are important provisions because they are going to
help us gain a foothold in very important areas of this development. I
thank him for his contribution.
I mentioned energy storage earlier, and in committee our colleagues
dealt with this a lot, but Senators Franken, Heinrich, Hirono, and King
all made significant contributions on the modernization of the grid and
grid storage, as my colleague from Alaska knows, on how to plan for
microgrid activity--and Senator Hirono, because she has a very unique
State that she represents, Hawaii. Having an integration of those
activities into the grid is very important. I thank them for their
contributions on making our electricity grid more distributed and
integrating in some of the renewable energies and making sure that our
grid has the flexibility to do that.
Senator King has certainly worked hard to ensure that distributed
generation gets a fair shake in the marketplace and to make sure that
consumers are treated fairly. This is a subject our committee will
continue to work on. I am sure we are going to hear about it. For those
individual homeowners who are making investments in solar energy, we
want to make sure they are not unfairly treated by their own utilities
in how that solar development plays out. They don't want to be
overcharged for the development of solar, if they want to put solar on
their homes. They are willing to be part of the solution; they don't
want to be the funder of the whole solution. I think Senator King is
rightly concerned about how distributed generation gets a fair shake.
I thank Senator Franken. He was out here on the floor, and he was a
key proponent of the Department of Energy science and investment in the
areas of energy storage and generation, and he has been a very strong
voice on why storage is so important. And as I mentioned, Washington
being a hydro State and having a variety of renewable energies, having
storage capability is very important for us in the Pacific Northwest.
Senator Franken is also a very strong voice in how energy programs
are going to work in the tribal areas of our country. I thank him for
that.
I also thank Senator Manchin for working with Senator Heinrich and
Senator Murkowski on the bipartisan sportsmen's package that is
included in this bill, which is something that the Senate--well, let's
just say that we had a lot of discussion about the sportsmen's bill
over many Congresses, so the fact that we are actually passing a
comprehensive sportsmen's package is a great testament to the work of
our committee and the work of the Senate in a bipartisan fashion.
I thank Senator Warren for her focus on transparency in energy
commodity markets and ensuring that consumers' interests are there,
particularly when it comes to global natural gas markets, and making
sure we are well informed about what is happening in the marketplace.
These are all important because we want to have enough transparency
that the consumers and the government know what is happening and that
we never run into the kind of situation we did before with the
manipulation of markets because of very tight markets and people taking
advantage of that.
I appreciate all of the committee members on our side of the aisle
and their contributions, and I certainly appreciate working on these
issues with the chair of the committee and many members.
I thank Senator Stabenow and Senator Peters. I know we tried for many
weeks to work on a solution to the Flint issue. The chair, Senator
Murkowski, was very efficient in trying to marshal the discussions on
her side of the aisle about how to get a resolution to this issue. I
thank her for that. I know our colleagues, Senators Stabenow and
Peters, will continue to work on finding solutions to this, so I thank
them for that, and I thank them for their leadership on manufacturing
and vehicle technology as well.
Again, I know we are going to start voting, but I can't emphasize
enough how much material is in the underlying bill, the amendments we
cleared earlier by voice vote, and the amendments we are going to vote
on. This is a lot of work, and I want to again thank the staff for
continuing to process a lot of ideas about energy policies, land
conservation policies, and workforce and energy issues for the future
because all of these are vital policies for us--modernizing our energy
infrastructure and making sure we continue to protect consumers and
businesses and making sure we are going to be competitive in the
future.
I again thank the chair for her leadership on this issue and look
forward to processing the rest of these amendments.
The PRESIDING OFFICER. The Senator from Alaska.
Ms. MURKOWSKI. Mr. President, as my colleague on the committee
pointed out, many individuals have made great effort and have made very
positive contributions toward where we are today with this Energy bill.
I wanted to note very quickly some of the groups who have weighed in
throughout the process as we have sought input in different sectors
across the energy space and really across the broader economy for some
of the ideas in efficiency, supply, infrastructure, and accountability.
When we look at the list of those organizations from around the country
in different areas, I have a seven-page, single-spaced list in very
small type of those who have weighed in in support of the measures we
have in front of us today. From my State, it is everyone from the
Department of Natural Resources, to the Alaska Power Association, the
Bristol Bay Native Corporation, the Cordova Electric Co-op, and a whole
bunch more.
At the national level, we have support from the U.S. Chamber of
Commerce, the American Chemistry Council, the National Electric
Manufacturers Association, the Alliance of Automobile Manufacturers--
and I am picking randomly.
We have support from labor groups--North America's Building Trades
Union, the United Auto Workers, the
[[Page S2167]]
United Brotherhood of Carpenters--who all weighed in with support for
ideas that are included.
We have a huge coalition--from the Alliance to Save Energy, to
Seattle City Light--that have focused on the work we have done with
efficiency.
When we think about those who are focused on keeping the lights on,
keeping fuel affordable, those who produce the materials that make
modern life possible, groups such as the National Hydropower
Association, the American Petroleum Institute, the National Mining
Association, the American Exploration & Mining Association, the
Business Council for Sustainable Energy, the American Public Power
Association, and Edison Electric Institute--there is a long list of
those who have weighed in in support. It is all over the board--the
Small Business and Entrepreneurship Council, the American Society of
Interior Designers, the Nebraska Public Power District. The list is
comprehensive and notable.
I want to be clear, not all in these groups agree with all aspects of
the bill that we have in front of us. Those who support our work to
streamline LNG exports might not necessarily be supportive of what we
are trying to do to clean up the United States Code. But I think it is
fair to say that to craft a bill that 100 percent of everybody likes is
just not going to happen.
What we have in front of us today and what the Senate will now
commence voting on is a bipartisan product that has gone through an
extraordinary process in the past year, has been collaboratively built,
and is an effort to modernize our energy policies in a smart way that
uses common sense. It is not the government telling us what we shall
do; it is doing it for the right reasons.
With that, Mr. President, we have come to the end of our 2 hours of
debate, so we will commence with our series of rollcall votes that have
previously been agreed to.
Amendment No. 3234, as Modified, to Amendment No. 2953
Mr. President, at this time, I call up my amendment No. 3234.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The bill clerk read as follows:
The Senator from Alaska [Ms. Murkowski] proposes an
amendment numbered 3234, as modified, to amendment No. 2953.
The amendment, as modified, is as follows:
(Purpose: To add certain provisions relating to natural resources)
At the 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.
[[Page S2168]]
(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.--
(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
[[Page S2169]]
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 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.
[[Page S2170]]
(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
(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;
[[Page S2171]]
(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;
(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).
[[Page S2172]]
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, 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.
[[Page S2173]]
``(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--
(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:
[[Page S2174]]
(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
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--FISH AND WILDLIFE CONSERVATION
SEC. 6251. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE
RESTORATION ACT.
(a) Purpose.--The purpose of this section is to facilitate
the construction and expansion of public target ranges,
including ranges on Federal land managed by the Forest
Service and the Bureau of Land Management.
(b) Definition of Public Target Range.--In this section,
the term ``public target range'' means a specific location
that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
(c) Amendments to Pittman-robertson Wildlife Restoration
Act.--
(1) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or shotgun
shooting;''.
(2) Expenditures for management of wildlife areas and
resources.--Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended--
(A) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
[[Page S2175]]
(B) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(C) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(D) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(E) by inserting after paragraph (1) (as designated by
subparagraph (A)) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the
cost of acquiring land for, expanding, or constructing a
public target range.''.
(3) Firearm and bow hunter education and safety program
grants.--Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(A) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section
4(b), the State may elect to allocate not more than 10
percent, to be combined with the amount apportioned to the
State under paragraph (1) for that fiscal year, for acquiring
land for, expanding, or constructing a public target
range.'';
(B) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding,
or constructing a public target range in a State on Federal
or non-Federal land pursuant to this section or section 8(b)
shall not exceed 90 percent of the cost of the activity.'';
and
(C) in subsection (c)(1)--
(i) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
amounts made''; and
(ii) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring land for,
constructing, or expanding a public target range shall remain
available for expenditure and obligation during the 5-fiscal-
year period beginning on October 1 of the first fiscal year
for which the amounts are made available.''.
(d) Sense of Congress Regarding Cooperation.--It is the
sense of Congress that, consistent with applicable laws
(including regulations), the Chief of the Forest Service and
the Director of the Bureau of Land Management should
cooperate with State and local authorities and other entities
to carry out waste removal and other activities on any
Federal land used as a public target range to encourage
continued use of that land for target practice or
marksmanship training.
SEC. 6252. NORTH AMERICAN WETLANDS CONSERVATION ACT.
(a) Conservation Incentives Landowner Education Program.--
Any acquisition of land (including any interest in land)
under the North American Wetlands Conservation Act (16 U.S.C.
4401 et seq.) shall be subject to the notification
requirements under section [50__(d)].
(b) Authorization of Appropriations.--Section 7(c) of the
North American Wetlands Conservation Act (16 U.S.C. 4406(c))
is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $50,000,000 for each of fiscal years 2015 through
2020.''.
SEC. 6253. NATIONAL FISH HABITAT CONSERVATION.
(a) Short Title.--This section may be cited as the
``National Fish Habitat Conservation Through Partnerships
Act''.
(b) Purpose.--The purpose of this section is to encourage
partnerships among public agencies and other interested
parties to promote fish conservation--
(1) to achieve measurable habitat conservation results
through strategic actions of Fish Habitat Partnerships that
lead to better fish habitat conditions and increased fishing
opportunities by--
(A) improving ecological conditions;
(B) restoring natural processes; or
(C) preventing the decline of intact and healthy systems;
(2) to establish a consensus set of national conservation
strategies as a framework to guide future actions and
investment by Fish Habitat Partnerships;
(3) to broaden the community of support for fish habitat
conservation by--
(A) increasing fishing opportunities;
(B) fostering the participation of local communities,
especially young people in local communities, in conservation
activities; and
(C) raising public awareness of the role healthy fish
habitat play in the quality of life and economic well-being
of local communities;
(4) to fill gaps in the National Fish Habitat Assessment
and the associated database of the National Fish Habitat
Assessment--
(A) to empower strategic conservation actions supported by
broadly available scientific information; and
(B) to integrate socioeconomic data in the analysis to
improve the lives of humans in a manner consistent with fish
habitat conservation goals; and
(5) to communicate to the public and conservation
partners--
(A) the conservation outcomes produced collectively by Fish
Habitat Partnerships; and
(B) new opportunities and voluntary approaches for
conserving fish habitat.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Environment and Public Works of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Board.--The term ``Board'' means the National Fish
Habitat Board established by subsection (d)(1)(A).
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Epa assistant administrator.--The term ``EPA Assistant
Administrator'' means the Assistant Administrator for Water
of the Environmental Protection Agency.
(5) 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).
(6) Noaa assistant administrator.--The term ``NOAA
Assistant Administrator'' means the Assistant Administrator
for Fisheries of the National Oceanic and Atmospheric
Administration.
(7) Partnership.--The term ``Partnership'' means a self-
governed entity designated by the Board as a Fish Habitat
Conservation Partnership pursuant to subsection (e)(1) .
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) State.--The term ``State'' means each of the several
States.
(11) State agency.--The term ``State agency'' means--
(A) the fish and wildlife agency of a State; and
(B) any department or division of a department or agency of
a State that manages in the public trust the inland or marine
fishery resources or sustains the habitat for those fishery
resources of the State pursuant to State law or the
constitution of the State.
(d) National Fish Habitat Board.--
(1) Establishment.--
(A) Fish habitat board.--There is established a board, to
be known as the ``National Fish Habitat Board'', whose duties
are--
(i) to promote, oversee, and coordinate the implementation
of this section;
(ii) to establish national goals and priorities for fish
habitat conservation;
(iii) to approve Partnerships; and
(iv) to review and make recommendations regarding fish
habitat conservation projects.
(B) Membership.--The Board shall be composed of 25 members,
of whom--
(i) 1 shall be a representative of the Department of the
Interior;
(ii) 1 shall be a representative of the United States
Geological Survey;
(iii) 1 shall be a representative of the Department of
Commerce;
(iv) 1 shall be a representative of the Department of
Agriculture;
(v) 1 shall be a representative of the Association of Fish
and Wildlife Agencies;
(vi) 4 shall be representatives of State agencies, 1 of
whom shall be nominated by a regional association of fish and
wildlife agencies from each of the Northeast, Southeast,
Midwest, and Western regions of the United States;
(vii) 1 shall be a representative of either--
(I) Indian tribes in the State of Alaska; or
(II) Indian tribes in States other than the State of
Alaska;
(viii) 1 shall be a representative of either--
(I) the Regional Fishery Management Councils established
under section 302 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852); or
(II) a representative of the Marine Fisheries Commissions,
which is composed of--
(aa) the Atlantic States Marine Fisheries Commission;
(bb) the Gulf States Marine Fisheries Commission; and
(cc) the Pacific States Marine Fisheries Commission;
(ix) 1 shall be a representative of the Sportfishing and
Boating Partnership Council;
(x) 7 shall be representatives selected from each of--
(I) the recreational sportfishing industry;
(II) the commercial fishing industry;
(III) marine recreational anglers;
(IV) freshwater recreational anglers;
(V) habitat conservation organizations; and
(VI) science-based fishery organizations;
(xi) 1 shall be a representative of a national private
landowner organization;
(xii) 1 shall be a representative of an agricultural
production organization;
(xiii) 1 shall be a representative of local government
interests involved in fish habitat restoration;
(xiv) 2 shall be representatives from different sectors of
corporate industries, which may include--
[[Page S2176]]
(I) natural resource commodity interests, such as petroleum
or mineral extraction;
(II) natural resource user industries; and
(III) industries with an interest in fish and fish habitat
conservation; and
(xv) 1 shall be a leadership private sector or landowner
representative of an active partnership.
(C) Compensation.--A member of the Board shall serve
without compensation.
(D) Travel expenses.--A member of the Board may be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Board.
(2) Appointment and terms.--
(A) In general.--Except as otherwise provided in this
subsection, a member of the Board described in any of clauses
(vi) through (xiv) of paragraph (1)(B) shall serve for a term
of 3 years.
(B) Initial board membership.--
(i) In general.--The initial Board will consist of
representatives as described in clauses (i) through (vi) of
paragraph (1)(B).
(ii) Remaining members.--Not later than 60 days after the
date of enactment of this Act, the representatives of the
initial Board pursuant to clause (i) shall appoint the
remaining members of the Board described in clauses (viii)
through (xiv) of paragraph (1)(B).
(iii) Tribal representatives.--Not later than 60 days after
the enactment of this Act, the Secretary shall provide to the
Board a recommendation of not fewer than 3 tribal
representatives, from which the Board shall appoint 1
representative pursuant to clause (vii) of paragraph (1)(B).
(C) Transitional terms.--Of the members described in
paragraph (1)(B)(x) initially appointed to the Board--
(i) 2 shall be appointed for a term of 1 year;
(ii) 2 shall be appointed for a term of 2 years; and
(iii) 3 shall be appointed for a term of 3 years.
(D) Vacancies.--
(i) In general.--A vacancy of a member of the Board
described in any of clauses (viii) through (xiv) of paragraph
(1)(B) shall be filled by an appointment made by the
remaining members of the Board.
(ii) Tribal representatives.--Following a vacancy of a
member of the Board described in clause (vii) of paragraph
(1)(B), the Secretary shall recommend to the Board a list of
not fewer than 3 tribal representatives, from which the
remaining members of the Board shall appoint a representative
to fill the vacancy.
(E) Continuation of service.--An individual whose term of
service as a member of the Board expires may continue to
serve on the Board until a successor is appointed.
(F) Removal.--If a member of the Board described in any of
clauses (viii) through (xiv) of paragraph (1)(B) misses 3
consecutive regularly scheduled Board meetings, the members
of the Board may--
(i) vote to remove that member; and
(ii) appoint another individual in accordance with
subparagraph (D).
(3) Chairperson.--
(A) In general.--The representative of the Association of
Fish and Wildlife Agencies appointed pursuant to paragraph
(1)(B)(v) shall serve as Chairperson of the Board.
(B) Term.--The Chairperson of the Board shall serve for a
term of 3 years.
(4) Meetings.--
(A) In general.--The Board shall meet--
(i) at the call of the Chairperson; but
(ii) not less frequently than twice each calendar year.
(B) Public access.--All meetings of the Board shall be open
to the public.
(5) Procedures.--
(A) In general.--The Board shall establish procedures to
carry out the business of the Board, including--
(i) a requirement that a quorum of the members of the Board
be present to transact business;
(ii) a requirement that no recommendations may be adopted
by the Board, except by the vote of \2/3\ of all members;
(iii) procedures for establishing national goals and
priorities for fish habitat conservation for the purposes of
this section;
(iv) procedures for designating Partnerships under
subsection (e); and
(v) procedures for reviewing, evaluating, and making
recommendations regarding fish habitat conservation projects.
(B) Quorum.--A majority of the members of the Board shall
constitute a quorum.
(e) Fish Habitat Partnerships.--
(1) Authority to approve.--The Board may approve and
designate Fish Habitat Partnerships in accordance with this
subsection.
(2) Purposes.--The purposes of a Partnership shall be--
(A) to work with other regional habitat conservation
programs to promote cooperation and coordination to enhance
fish and fish habitats;
(B) to engage local and regional communities to build
support for fish habitat conservation;
(C) to involve diverse groups of public and private
partners;
(D) to develop collaboratively a strategic vision and
achievable implementation plan that is scientifically sound;
(E) to leverage funding from sources that support local and
regional partnerships;
(F) to use adaptive management principles, including
evaluation of project success and functionality;
(G) to develop appropriate local or regional habitat
evaluation and assessment measures and criteria that are
compatible with national habitat condition measures; and
(H) to implement local and regional priority projects that
improve conditions for fish and fish habitat.
(3) Criteria for approval.--An entity seeking to be
designated as a Partnership shall--
(A) submit to the Board an application at such time, in
such manner, and containing such information as the Board may
reasonably require; and
(B) demonstrate to the Board that the entity has--
(i) a focus on promoting the health of important fish and
fish habitats;
(ii) an ability to coordinate the implementation of
priority projects that support the goals and national
priorities set by the Board that are within the Partnership
boundary;
(iii) a self-governance structure that supports the
implementation of strategic priorities for fish habitat;
(iv) the ability to develop local and regional
relationships with a broad range of entities to further
strategic priorities for fish and fish habitat;
(v) a strategic plan that details required investments for
fish habitat conservation that addresses the strategic fish
habitat priorities of the Partnership and supports and meets
the strategic priorities of the Board;
(vi) the ability to develop and implement fish habitat
conservation projects that address strategic priorities of
the Partnership and the Board; and
(vii) the ability to develop fish habitat conservation
priorities based on sound science and data, the ability to
measure the effectiveness of fish habitat projects of the
Partnership, and a clear plan as to how Partnership science
and data components will be integrated with the overall Board
science and data effort.
(4) Approval.--The Board may approve an application for a
Partnership submitted under paragraph (3) if the Board
determines that the applicant--
(A) identifies representatives to provide support and
technical assistance to the Partnership from a diverse group
of public and private partners, which may include State or
local governments, nonprofit entities, Indian tribes, and
private individuals, that are focused on conservation of fish
habitats to achieve results across jurisdictional boundaries
on public and private land;
(B) is organized to promote the health of important fish
species and important fish habitats, including reservoirs,
natural lakes, coastal and marine environments, and
estuaries;
(C) identifies strategic fish and fish habitat priorities
for the Partnership area in the form of geographical focus
areas or key stressors or impairments to facilitate strategic
planning and decisionmaking;
(D) is able to address issues and priorities on a
nationally significant scale;
(E) includes a governance structure that--
(i) reflects the range of all partners; and
(ii) promotes joint strategic planning and decisionmaking
by the applicant;
(F) demonstrates completion of, or significant progress
toward the development of, a strategic plan to address the
decline in fish populations, rather than simply treating
symptoms, in accordance with the goals and national
priorities established by the Board; and
(G) promotes collaboration in developing a strategic vision
and implementation program that is scientifically sound and
achievable.
(f) Fish Habitat Conservation Projects.--
(1) Submission to board.--Not later than March 31 of each
calendar year, each Partnership shall submit to the Board a
list of priority fish habitat conservation projects
recommended by the Partnership for annual funding under this
section.
(2) Recommendations by board.--Not later than July 1 of
each calendar year, the Board shall submit to the Secretary a
priority list of fish habitat conservation projects that
includes the description, including estimated costs, of each
project that the Board recommends that the Secretary approve
and fund under this section for the following fiscal year.
(3) Criteria for project selection.--The Board shall select
each fish habitat conservation project to be recommended to
the Secretary under paragraph (2) after taking into
consideration, at a minimum, the following information:
(A) A recommendation of the Partnership that is, or will
be, participating actively in implementing the fish habitat
conservation project.
(B) The capabilities and experience of project proponents
to implement successfully the proposed project.
(C) The extent to which the fish habitat conservation
project --
(i) fulfills a local or regional priority that is directly
linked to the strategic plan of the Partnership and is
consistent with the purpose of this section;
(ii) addresses the national priorities established by the
Board;
(iii) is supported by the findings of the Habitat
Assessment of the Partnership or
[[Page S2177]]
the Board, and aligns or is compatible with other
conservation plans;
(iv) identifies appropriate monitoring and evaluation
measures and criteria that are compatible with national
measures;
(v) provides a well-defined budget linked to deliverables
and outcomes;
(vi) leverages other funds to implement the project;
(vii) addresses the causes and processes behind the decline
of fish or fish habitats; and
(viii) includes an outreach or education component that
includes the local or regional community.
(D) The availability of sufficient non-Federal funds to
match Federal contributions for the fish habitat conservation
project, as required by paragraph (5);
(E) The extent to which the local or regional fish habitat
conservation project--
(i) will increase fish populations in a manner that leads
to recreational fishing opportunities for the public;
(ii) will be carried out through a cooperative agreement
among Federal, State, and local governments, Indian tribes,
and private entities;
(iii) increases public access to land or water for fish and
wildlife-dependent recreational opportunities;
(iv) advances the conservation of fish and wildlife species
that have been identified by the States as species of
greatest conservation need;
(v) where appropriate, advances the conservation of fish
and fish habitats under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and
other relevant Federal law and State wildlife action plans;
and
(vi) promotes strong and healthy fish habitats so that
desired biological communities are able to persist and adapt.
(F) The substantiality of the character and design of the
fish habitat conservation project.
(4) Limitations.--
(A) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board under
paragraph (2) or provided financial assistance under this
section unless the fish habitat conservation project includes
an evaluation plan designed using applicable Board guidance--
(i) to appropriately assess the biological, ecological, or
other results of the habitat protection, restoration, or
enhancement activities carried out using the assistance;
(ii) to reflect appropriate changes to the fish habitat
conservation project if the assessment substantiates that the
fish habitat conservation project objectives are not being
met;
(iii) to identify improvements to existing fish
populations, recreational fishing opportunities and the
overall economic benefits for the local community of the fish
habitat conservation project; and
(iv) to require the submission to the Board of a report
describing the findings of the assessment.
(B) Acquisition authorities.--
(i) In general.--A State, local government, or other non-
Federal entity is eligible to receive funds for the
acquisition of real property from willing sellers under this
section if the acquisition ensures 1 of--
(I) public access for compatible fish and wildlife-
dependent recreation; or
(II) a scientifically based, direct enhancement to the
health of fish and fish populations, as determined by the
Board.
(ii) State agency approval.--
(I) In general.--All real property interest acquisition
projects funded under this section are required to be
approved by the State agency in the State in which the
project is occurring.
(II) Prohibition.--The Board may not recommend, and the
Secretary may not provide any funding for, any real property
interest acquisition that has not been approved by the State
agency.
(iii) Assessment of other authorities.--The Fish Habitat
Partnership shall conduct a project assessment, submitted
with the funding request and approved by the Board, to
demonstrate all other Federal, State, and local authorities
for the acquisition of real property have been exhausted.
(iv) Restrictions.--A real property interest may not be
acquired pursuant to a fish habitat conservation project by a
State, local government, or other non-Federal entity,
unless--
(I) the owner of the real property authorizes the State,
local government, or other non-Federal entity to acquire the
real property; and
(II) the Secretary and the Board determine that the State,
local government, or other non-Federal entity would benefit
from undertaking the management of the real property being
acquired because that is in accordance with the goals of a
partnership.
(5) Non-federal contributions.--
(A) In general.--Except as provided in subparagraph (B), no
fish habitat conservation project may be recommended by the
Board under paragraph (2) or provided financial assistance
under this section unless at least 50 percent of the cost of
the fish habitat conservation project will be funded with
non-Federal funds.
(B) Non-federal share.--The non-Federal share of the cost
of a fish habitat conservation project--
(i) may not be derived from another Federal grant program;
but
(ii) may include in-kind contributions and cash.
(C) Special rule for indian tribes.--Notwithstanding
subparagraph (A) or any other provision of law, any funds
made available to an Indian tribe pursuant to this section
may be considered to be non-Federal funds for the purpose of
subparagraph (A).
(6) Approval.--
(A) In general.--Not later than 90 days after the date of
receipt of the recommended priority list of fish habitat
conservation projects under paragraph (2), subject to the
limitations of paragraph (4), and based, to the maximum
extent practicable, on the criteria described in paragraph
(3), the Secretary, after consulting with the Secretary of
Commerce on marine or estuarine projects, shall approve or
reject any fish habitat conservation project recommended by
the Board.
(B) Funding.--If the Secretary approves a fish habitat
conservation project under subparagraph (A), the Secretary
shall use amounts made available to carry out this section to
provide funds to carry out the fish habitat conservation
project.
(C) Notification.--If the Secretary rejects any fish
habitat conservation project recommended by the Board under
paragraph (2), not later than 180 days after the date of
receipt of the recommendation, the Secretary shall provide to
the Board, the appropriate Partnership, and the appropriate
congressional committees a written statement of the reasons
that the Secretary rejected the fish habitat conservation
project.
(g) Technical and Scientific Assistance.--
(1) In general.--The Director, the NOAA Assistant
Administrator, the EPA Assistant Administrator, and the
Director of the United States Geological Survey, in
coordination with the Forest Service and other appropriate
Federal departments and agencies, may provide scientific and
technical assistance to the Partnerships, participants in
fish habitat conservation projects, and the Board.
(2) Inclusions.--Scientific and technical assistance
provided pursuant to paragraph (1) may include--
(A) providing technical and scientific assistance to
States, Indian tribes, regions, local communities, and
nongovernmental organizations in the development and
implementation of Partnerships;
(B) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(C) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(D) supporting and providing recommendations regarding the
development of science-based monitoring and assessment
approaches for implementation through Partnerships;
(E) supporting and providing recommendations for a national
fish habitat assessment;
(F) ensuring the availability of experts to assist in
conducting scientifically based evaluation and reporting of
the results of fish habitat conservation projects; and
(G) providing resources to secure state agency scientific
and technical assistance to support Partnerships,
participants in fish habitat conservation projects, and the
Board.
(h) Coordination With States and Indian Tribes.--The
Secretary shall provide a notice to, and cooperate with, the
appropriate State agency or tribal agency, as applicable, of
each State and Indian tribe within the boundaries of which an
activity is planned to be carried out pursuant to this
section, including notification, by not later than 30 days
before the date on which the activity is implemented.
(i) Interagency Operational Plan.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Director, in cooperation with the NOAA
Assistant Administrator, the EPA Assistant Administrator, the
Director of the United States Geological Survey, and the
heads of other appropriate Federal departments and agencies
(including at a minimum, those agencies represented on the
Board) shall develop an interagency operational plan that
describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs for the
implementation of this section; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.
(j) Accountability and Reporting.--
(1) Reporting.--
(A) In general.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the
Board shall submit to the appropriate congressional
committees a report describing the progress of this section.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) an estimate of the number of acres, stream miles, or
acre-feet, or other suitable measures of fish habitat, that
was maintained or improved by partnerships of Federal, State,
or local governments, Indian tribes, or other entities in the
United States during the 5-year period ending on the date of
submission of the report;
(ii) a description of the public access to fish habitats
established or improved during that 5-year period;
(iii) a description of the improved opportunities for
public recreational fishing; and
(iv) an assessment of the status of fish habitat
conservation projects carried out
[[Page S2178]]
with funds provided under this section during that period,
disaggregated by year, including--
(I) a description of the fish habitat conservation projects
recommended by the Board under subsection (f)(2);
(II) a description of each fish habitat conservation
project approved by the Secretary under subsection (f)(6), in
order of priority for funding;
(III) a justification for--
(aa) the approval of each fish habitat conservation
project; and
(bb) the order of priority for funding of each fish habitat
conservation project;
(IV) a justification for any rejection of a fish habitat
conservation project recommended by the Board under
subsection (f)(2) that was based on a factor other than the
criteria described in subsection (f)(3); and
(V) an accounting of expenditures by Federal, State, or
local governments, Indian tribes, or other entities to carry
out fish habitat conservation projects.
(2) Status and trends report.--Not later than December 31,
2016, and every 5 years thereafter, the Board shall submit to
the appropriate congressional committees a report that
includes--
(A) a status of all Partnerships approved under this
section;
(B) a description of the status of fish habitats in the
United States as identified by established Partnerships; and
(C) enhancements or reductions in public access as a result
of--
(i) the activities of the Partnerships; or
(ii) any other activities carried out pursuant to this
section.
(3) Revisions.--Not later than December 31, 2016, and every
5 years thereafter, the Board shall consider revising the
goals of the Board, after consideration of each report
required by paragraph (2).
(k) Effect of Section.--
(1) Water rights.--Nothing in this section--
(A) establishes any express or implied reserved water right
in the United States for any purpose;
(B) affects any water right in existence on the date of
enactment of this Act;
(C) preempts or affects any State water law or interstate
compact governing water; or
(D) affects any Federal or State law in existence on the
date of enactment of the Act regarding water quality or water
quantity.
(2) Authority to acquire water rights or rights to
property.--Under this section, only a State, local
government, or other non-Federal entity may acquire, under
State law, water rights or rights to property.
(3) State authority.--Nothing in this section--
(A) affects the authority, jurisdiction, or responsibility
of a State to manage, control, or regulate fish and wildlife
under the laws and regulations of the State; or
(B) authorizes the Secretary to control or regulate within
a State the fishing or hunting of fish and wildlife.
(4) Effect on indian tribes.--Nothing in this section
abrogates, abridges, affects, modifies, supersedes, or alters
any right of an Indian tribe recognized by treaty or any
other means, including--
(A) an agreement between the Indian tribe and the United
States;
(B) Federal law (including regulations);
(C) an Executive order; or
(D) a judicial decree.
(5) Adjudication of water rights.--Nothing in this section
diminishes or affects the ability of the Secretary to join an
adjudication of rights to the use of water pursuant to
subsection (a), (b), or (c) of section 208 of the Department
of Justice Appropriation Act, 1953 (43 U.S.C. 666).
(6) Department of commerce authority.--Nothing in this
section affects the authority, jurisdiction, or
responsibility of the Department of Commerce to manage,
control, or regulate fish or fish habitats under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(7) Effect on other authorities.--
(A) Private property protection.--Nothing in this section
permits the use of funds made available to carry out this
section to acquire real property or a real property interest
without the written consent of each owner of the real
property or real property interest.
(B) Mitigation.--Nothing in this section permits the use of
funds made available to carry out this section for fish and
wildlife mitigation purposes under--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(ii) the Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.);
(iii) the Water Resources Development Act of 1986 (Public
Law 99-662; 100 Stat. 4082); or
(iv) any other Federal law or court settlement.
(C) Clean water act.--Nothing in this section affects any
provision of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), including any definition in that Act.
(l) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to--
(1) the Board; or
(2) any Partnership.
(m) Funding.--
(1) Authorization of appropriations.--
(A) Fish habitat conservation projects.--There is
authorized to be appropriated to the Secretary $7,200,000 for
each of fiscal years 2016 through 2021 to provide funds for
fish habitat conservation projects approved under subsection
(f)(6), of which 5 percent shall be made available for each
fiscal year for projects carried out by Indian tribes.
(B) Administrative and planning expenses.--There is
authorized to be appropriated to the Secretary for each of
fiscal years 2016 through 2021 an amount equal to 5 percent
of the amount appropriated for the applicable fiscal year
pursuant to subparagraph (A)--
(i) for administrative and planning expenses; and
(ii) to carry out subsection (j).
(C) Technical and scientific assistance.--There is
authorized to be appropriated for each of fiscal years 2016
through 2021 to carry out, and provide technical and
scientific assistance under, subsection (g)--
(i) $500,000 to the Secretary for use by the United States
Fish and Wildlife Service;
(ii) $500,000 to the NOAA Assistant Administrator for use
by the National Oceanic and Atmospheric Administration;
(iii) $500,000 to the EPA Assistant Administrator for use
by the Environmental Protection Agency; and
(iv) $500,000 to the Secretary for use by the United States
Geological Survey.
(2) Agreements and grants.--The Secretary may--
(A) on the recommendation of the Board, and notwithstanding
sections 6304 and 6305 of title 31, United States Code, and
the Federal Financial Assistance Management Improvement Act
of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into
a grant agreement, cooperative agreement, or contract with a
Partnership or other entity for a fish habitat conservation
project or restoration or enhancement project;
(B) apply for, accept, and use a grant from any individual
or entity to carry out the purposes of this section; and
(C) make funds available to any Federal department or
agency for use by that department or agency to provide grants
for any fish habitat protection project, restoration project,
or enhancement project that the Secretary determines to be
consistent with this section.
(3) Donations.--
(A) In general.--The Secretary may--
(i) enter into an agreement with any organization described
in section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of that
Code to solicit private donations to carry out the purposes
of this section; and
(ii) accept donations of funds, property, and services to
carry out the purposes of this section.
(B) Treatment.--A donation accepted under this section--
(i) shall be considered to be a gift or bequest to, or
otherwise for the use of, the United States; and
(ii) may be--
(I) used directly by the Secretary; or
(II) provided to another Federal department or agency
through an interagency agreement.
SEC. 6254. GULF STATES MARINE FISHERIES COMMISSION REPORT ON
GULF OF MEXICO OUTER CONTINENTAL SHELF STATE
BOUNDARY EXTENSION.
(a) Report on Resource Management Outcomes.--Not later than
March 1, 2017, the Gulf States Marine Fisheries Commission
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on Natural
Resources and Transportation and Infrastructure of the House
of Representatives a report on the economic, conservation and
management, and law enforcement impacts of the implementation
of section 110 of division B of the Consolidated
Appropriations Act, 2016 (Public Law 114-113).
(b) Information Required.--The report required under
subsection (a) shall include a detailed accounting of how the
implementation of section 110 of division B of the
Consolidated Appropriations Act, 2016 (Public Law 114-113)
has affected--
(1) the economies of the States of Alabama, Florida,
Louisiana, Mississippi, and Texas;
(2) the sustained participation of fishing communities;
(3) conservation and management of living resources under
all applicable Federal laws;
(4) enforcement of Federal maritime laws; and
(5) the ability of the governments of the States described
in paragraph (1) to effectively manage activities pursuant to
the fishery management plan for reef fish resources of the
Gulf of Mexico.
(c) Funding.--
(1) In general.--Subject to the availability of
appropriations, the Secretary of Commerce shall make
available to the Gulf States Marine Fisheries Commission
$500,000 to carry out the report required under subsection
(a).
(2) Subsequent appropriations.--Amounts made available
under paragraph (1) shall be available only to the extent
specifically provided for in advance in subsequent
appropriations Acts.
SEC. 6255. GAO REPORT ON GULF OF MEXICO OUTER CONTINENTAL
SHELF STATE BOUNDARY EXTENSION.
(a) Report on Resource Management Outcomes.--Not later than
March 1, 2017, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and
Transportation of the
[[Page S2179]]
Senate and the Committee on Natural Resources and the
Committee on Transportation and Infrastructure of the House
of Representatives a report on the economic, conservation and
management, and law enforcement impacts of section 110 of
division B of the Consolidated Appropriations Act, 2016
(Public Law 114-113).
(b) Information Required.--The report required by
subsection (a) shall include a detailed accounting of how
section 110 of division B of the Consolidated Appropriations
Act, 2016 (Public Law 114-113) has affected--
(1) the economies of Alabama, Florida, Louisiana,
Mississippi, and Texas;
(2) the sustained participation of fishing communities;
(3) conservation and management of living resources under
all applicable Federal laws;
(4) enforcement of Federal maritime laws; and
(5) the ability of the governments of Alabama, Florida,
Louisiana, Mississippi, and Texas to effectively manage
activities pursuant to the fishery management plan for reef
fish resources of the Gulf of Mexico.
PART VII--MISCELLANEOUS
SEC. 6261. 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. 6262. 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.
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--
[[Page S2180]]
(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--BASIN WATER MANAGEMENT
Subpart A--Yakima River Basin Water Enhancement
SEC. 6321. SHORT TITLE.
This subpart 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;'';
(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 subpart, 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.''.
[[Page S2181]]
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
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'';
[[Page S2182]]
(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;
``(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
[[Page S2183]]
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
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
[[Page S2184]]
``(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.''.
Subpart B--Klamath Project Water and Power
SEC. 6329. KLAMATH PROJECT.
(a) Addressing Water Management and Power Costs for
Irrigation.--The Klamath Basin Water Supply Enhancement Act
of 2000 (Public Law 106-498; 114 Stat. 2221) is amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``SEC. 4. POWER AND WATER MANAGEMENT.
``(a) Definitions.--In this section:
``(1) Covered power use.--The term `covered power use'
means a use of power to develop or manage water for
irrigation, wildlife purposes, or drainage on land that is--
``(A) associated with the Klamath Project, including land
within a unit of the National Wildlife Refuge System that
receives water due to the operation of Klamath Project
facilities; or
``(B) irrigated by the class of users covered by the
agreement dated April 30, 1956, between the California Oregon
Power Company and Klamath Basin Water Users Protective
Association and within the Off Project Area (as defined in
the Upper Basin Comprehensive Agreement entered into on April
18, 2014), only if each applicable owner and holder of a
possessory interest of the land is a party to that agreement
(or a successor agreement that the Secretary determines
provides a comparable benefit to the United States).
``(2) Klamath project.--
``(A) In general.--The term `Klamath Project' means the
Bureau of Reclamation project in the States of California and
Oregon.
``(B) Inclusions.--The term `Klamath Project' includes any
dams, canals, and other works and interests for water
diversion, storage, delivery, and drainage, flood control,
and similar functions that are part of the project described
in subparagraph (A).
``(3) Power cost benchmark.--The term `power cost
benchmark' means the average net delivered cost of power for
irrigation and drainage at Reclamation projects in the area
surrounding the Klamath Project that are similarly situated
to the Klamath Project, including Reclamation projects that--
``(A) are located in the Pacific Northwest; and
``(B) receive project-use power.
``(b) Water, Environmental, and Power Activities.--
``(1) In general.--Pursuant to the reclamation laws and
subject to appropriations and required environmental reviews,
the Secretary may carry out activities, including entering
into an agreement or contract or otherwise making financial
assistance available--
``(A) to plan, implement, and administer programs to align
water supplies and demand for irrigation water users
associated with the Klamath Project, with a primary emphasis
on programs developed or endorsed by local entities comprised
of representatives of those water users;
``(B) to plan and implement activities and projects that--
``(i) avoid or mitigate environmental effects of irrigation
activities; or
``(ii) restore habitats in the Klamath Basin watershed,
including restoring tribal fishery resources held in trust;
and
``(C) to limit the net delivered cost of power for covered
power uses.
``(2) Effect.--Nothing in subparagraph (A) or (B) of
paragraph (1) authorizes the Secretary--
``(A) to develop or construct new facilities for the
Klamath Project without appropriate approval from Congress
under section 9 of the Reclamation Projects Act of 1939 (43
U.S.C. 485h); or
``(B) to carry out activities that have not otherwise been
authorized.
``(c) Reducing Power Costs.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Energy Policy Modernization Act of 2016,
the Secretary, in consultation with interested irrigation
interests that are eligible for covered power use and
representative organizations of those interests, 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--
``(A) identifies the power cost benchmark; and
``(B) recommends actions that, in the judgment of the
Secretary, are necessary and appropriate to ensure that the
net delivered power cost for covered power use is equal to or
less than the power cost benchmark, including a description
of--
``(i) actions to immediately reduce power costs and to have
the net delivered power cost for covered power use be equal
to or less than the power cost benchmark in the near term,
while longer-term actions are being implemented;
``(ii) actions that prioritize water and power conservation
and efficiency measures and, to the extent actions involving
the development or acquisition of power generation are
included, renewable energy technologies (including
hydropower);
``(iii) the potential costs and timeline for the actions
recommended under this subparagraph;
``(iv) provisions for modifying the actions and timeline to
adapt to new information or circumstances; and
``(v) a description of public input regarding the proposed
actions, including input from water users that have covered
power use and the degree to which those water users concur
with the recommendations.
``(2) Implementation.--Not later than 180 days after the
date of submission of the report under paragraph (1), the
Secretary shall implement those recommendations described in
the report that the Secretary determines will ensure that the
net delivered power cost for covered power use is equal to or
less than the power cost benchmark, subject to availability
of appropriations, on the fastest practicable timeline.
``(3) Annual reports.--The Secretary shall submit to each
Committee described in paragraph (1) annual reports
describing progress achieved in meeting the requirements of
this subsection.
``(d) Treatment of Power Purchases.--
``(1) In general.--Any purchase of power by the Secretary
under this section shall be considered to be an authorized
sale for purposes of section 5(b)(3) of the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C.
839c(b)(3)).
``(2) Effect.--Nothing in this section authorizes the
Bonneville Power Administration to make a sale of power from
the Federal Columbia River Power System at rates, terms, or
conditions better than those afforded preference customers of
the Bonneville Power Administration.
``(e) Goals.--The goals of activities under subsections (b)
and (c) shall include, as applicable--
``(1) the short-term and long-term reduction and resolution
of conflicts relating to water in the Klamath Basin
watershed; and
``(2) compatibility and utility for protecting natural
resources throughout the Klamath Basin watershed, including
the protection, preservation, and restoration of
[[Page S2185]]
Klamath River tribal fishery resources, particularly through
collaboratively developed agreements.
``(f) Pumping Plant D.--The Secretary may enter into 1 or
more agreements with the Tulelake Irrigation District to
reimburse the Tulelake Irrigation District for not more than
69 percent of the cost incurred by the Tulelake Irrigation
District for the operation and maintenance of Pumping Plant
D, on the condition that the cost benefits the United
States.''.
(b) Conveyance of Non-Project Water; Replacement of C
Canal.--
(1) Definition of klamath project.--In this subsection:
(A) In general.--The term ``Klamath Project'' means the
Bureau of Reclamation project in the States of California and
Oregon.
(B) Inclusions.--The term ``Klamath Project'' includes any
dams, canals, and other works and interests for water
diversion, storage, delivery, and drainage, flood control,
and similar functions that are part of the project described
in subparagraph (A).
(2) Conveyance of non-project water.--
(A) In general.--An entity operating under a contract
entered into with the United States for the operation and
maintenance of Klamath Project works or facilities, and an
entity operating any work or facility not owned by the United
States that receives Klamath Project water, may use any of
the Klamath Project works or facilities to convey non-Klamath
Project water for any authorized purpose of the Klamath
Project, subject to subparagraphs (B) and (C).
(B) Permits; measurement.--An addition, conveyance, and use
of water pursuant to subparagraph (A) shall be subject to the
requirements that--
(i) the applicable entity shall secure all permits required
under State or local laws; and
(ii) all water delivered into, or taken out of, a Klamath
Project facility pursuant to that subparagraph shall be
measured.
(C) Effect.--A use of non-Klamath Project water under this
paragraph shall not--
(i) adversely affect the delivery of water to any water
user or land served by the Klamath Project; or
(ii) result in any additional cost to the United States.
(3) Replacement of c canal flume.--The replacement of the C
Canal flume within the Klamath Project shall be considered to
be, and shall receive the treatment authorized for, emergency
extraordinary operation and maintenance work in accordance
with Federal reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.)).
(c) Administration.--
(1) Compliance.--In implementing this section and the
amendments made by this section, the Secretary of the
Interior shall comply with--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) all other applicable laws.
(2) Effect.--Nothing in this section--
(A) modifies the authorities or obligations of the United
States with respect to the tribal trust and treaty
obligations of the United States; or
(B) creates or determines water rights or affects water
rights or water right claims in existence on the date of
enactment of this Act.
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 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
[[Page S2186]]
(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.
(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
[[Page S2187]]
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.
Ms. MURKOWSKI. Mr. President, I now ask unanimous consent that there
be 2 minutes of debate equally divided prior to each vote in this
series.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MURKOWSKI. Thank you, Mr. President.
The amendment I have called up is an amendment Senator Cantwell and I
have been working on. It is what we are dubbing our ``Natural
Resources'' title. There are 30 different provisions--15 from the
Republican side, 15 from the Democratic side. Nearly all of them have
been reported from the committee. They have strong bipartisan support.
It is a balanced collection of land and water bills.
We have included the sportsmen's bill, which we have heard talk of
here on the floor, as it was reported from the committee with some
additional provisions that came out of the Environment and Public Works
Committee. It includes our open and less closed provisions to make sure
our public lands and our national forests are accessible for hunting,
fishing, and recreational shooting. We have included several land
transactions involving the land management agencies, including some
conveyances to correct Federal survey errors and to adjust boundaries.
We have provisions to get more renewable hydropower online and keep
existing projects operating in at least five different States. We also
protect some treasured landscapes and rivers. We reroute a national
scenic trail, and we authorize the National Park Service to study three
sites to determine their national significance. So, again, it is a
broad package, a package that is balanced, and a package that continues
to add to the good in the overall Energy bill.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Mr. President, if I may add to my colleague's comments,
this underlying bill supports the Yakima River Basin bill, which is an
integrated approach to addressing water management needs for farmers,
families, and fish. It will help restore the ecosystem, ensure that
communities have access to water, and conserve and provide water for
farmers in times of drought. It is not only important to the future of
our State, it is also a model for how water management should be done
in the 21st century.
This legislation also includes water provisions for Senators
Feinstein, Flake, Merkley, and Wyden, as the chairwoman said, Murkowski
herself, and several of our other colleagues--Merkley, Burr,
Gillibrand, and Kaine.
Support this legislation.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the votes
following the first vote in this series be 10 minutes in length.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MURKOWSKI. If there is no further debate, I ask for the yeas and
nays on amendment No. 3234.
The PRESIDING OFFICER. Is all time yielded back?
Ms. MURKOWSKI. Yes, all time on the Republican side.
The PRESIDING OFFICER. Without objection, all time is yielded back.
Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the amendment, as modified.
The clerk will call the roll.
The bill clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Georgia (Mr.
Perdue).
Mr. DURBIN. I announce that the Senator from Vermont (Mr. Sanders) is
necessarily absent.
The PRESIDING OFFICER (Ms. Ayotte). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 97, nays 0, as follows:
[Rollcall Vote No. 48 Leg.]
YEAS--97
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Lee
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Rubio
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NOT VOTING--3
Cruz
Perdue
Sanders
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is agreed to.
Amendment No. 3202
The PRESIDING OFFICER. There will now be 2 minutes of debate, equally
divided, prior to a vote on amendment No. 3202, offered by the Senator
from Georgia, Mr. Isakson.
The Senator from Georgia.
Mr. ISAKSON. Madam President, I just want all Members of the Senate
to consider this amendment favorably.
It is an amendment that allows for consideration, in the
qualification of the underwriting of a loan for the purchase of a
single-family dwelling, of those enhanced standards for energy
efficiency to go in over and above the minimum standard. It is
permissive, and it is FHA only.
I appreciate every Member's vote.
I yield back.
The PRESIDING OFFICER. The Senator from Alabama.
Mr. SHELBY. Madam President, this amendment offered by my friend from
Georgia sounds good, but let's examine it for a little while.
This amendment is opposed by the scholars of the Heritage Foundation,
the Cato Institute, the American Action Forum, the American Enterprise
Institute, and the Competitive Enterprise Institute.
As we all know, the mortgage underwriting process is about evaluating
a borrower's ability to afford a mortgage, and history tells us that if
we play around with it, it does not end well when we forget this.
This amendment would weaken FHA's underwriting standards, leading to
greater safety and perhaps soundness concerns for FHA's portfolio,
which received a $1.7 billion bailout in 2013. It would require that
appraisals be inflated to account for the value of energy efficiency
upgrades as determined by HUD.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. SHELBY. I ask unanimous consent for 1 additional minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SHELBY. It would also project energy savings and inflated
borrowers' income for debt-to-income valuation.
I think it would be dangerous for FHA loans. We don't need it. FHA
already has an FHA energy-efficient program, and according to HUD,
FHA's energy-efficient program helps families save money on their
utility bills by enabling them to finance energy-efficient improvements
with their FHA insurance mortgage.
The PRESIDING OFFICER. The Senator from Georgia has 30 seconds.
Mr. ISAKSON. Madam President, I don't know who wrote what my friend
[[Page S2188]]
from Alabama is reading, but the truth and the fact is that this is a
recommendation that allows the installation of more energy efficiency
and the funding of that in terms of housing. Homebuilders have endorsed
it. Most energy efficiency organizations have endorsed it. It is good
practice. It is good procedure. It is not ruining underwriting in any
way whatsoever. It is good for America. It is good for energy
efficiency. It is good for the housing industry.
I would appreciate the vote of each and every Member.
I yield back.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Ms. MURKOWSKI. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Georgia (Mr.
Perdue).
Mr. DURBIN. I announce that the Senator from Vermont (Mr. Sanders) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 66, nays 31, as follows:
[Rollcall Vote No. 49 Leg.]
YEAS--66
Alexander
Ayotte
Baldwin
Bennet
Blumenthal
Blunt
Booker
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Cochran
Collins
Coons
Cornyn
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Graham
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Leahy
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Peters
Portman
Reed
Reid
Rounds
Schatz
Schumer
Shaheen
Stabenow
Sullivan
Tester
Tillis
Udall
Warner
Warren
Whitehouse
Wyden
NAYS--31
Barrasso
Boozman
Coats
Corker
Cotton
Crapo
Daines
Enzi
Ernst
Fischer
Flake
Gardner
Grassley
Inhofe
Lankford
Lee
McCain
McConnell
Moran
Paul
Risch
Roberts
Rubio
Sasse
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
NOT VOTING--3
Cruz
Perdue
Sanders
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is agreed to.
Amendment No. 3175, as Modified, to Amendment No. 2953
The PRESIDING OFFICER. There will now be 2 minutes of debate, equally
divided, prior to a vote on amendment No. 3175, to be offered by the
Senator from North Carolina, Mr. Burr.
The Senator from North Carolina.
Mr. BURR. Madam President, I rise to speak on my amendment very
briefly. Many of my colleagues may have seen these wild horses on a
vacation to the Outer Banks or maybe you viewed the movie ``Nights in
Rodanthe.'' These horses have been there for over 200 years. What we
are doing is we are injecting some new genetics so this herd is
sustainable for another 200 years.
Let me tell my colleagues that they have never been managed by the
Fish & Wildlife Service. The Fish & Wildlife Service doesn't want to
manage them. They are managed by a private nonprofit that goes to great
lengths and expense to make sure that this herd survives.
With that, I yield the floor. I reserve the remainder of my time.
The PRESIDING OFFICER. The Senator from Alaska.
Ms. MURKOWSKI. Madam President, is all time yielded back?
The PRESIDING OFFICER. There is a minute left in opposition and 12
seconds remaining to the Senator from North Carolina.
Ms. MURKOWSKI. Madam President, if there is no further discussion on
this amendment, I call up the Burr amendment No. 3175 and ask unanimous
consent that it be modified with the changes at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the amendment, as modified, by number.
The legislative clerk read as follows:
The Senator from Alaska [Ms. Murkowski], for Mr. Burr,
proposes an amendment numbered 3175, as modified, to
amendment No. 2953.
The amendment, as modified, is as follows:
(Purpose: To ensure that the Secretary of the Interior collaborates
fully with State and local authorities and certain nonprofit entities
in managing the Corolla Wild Horse population on Federal land)
At the end of subtitle E of title IV, add the following:
SEC. 4___. WILD HORSES IN AND AROUND THE CURRITUCK NATIONAL
WILDLIFE REFUGE.
(a) Genetic Diversity.--The Secretary of the Interior
(referred to in this section as the ``Secretary''), in
consultation with the North Carolina Department of
Environment and Natural Resources, Currituck County, North
Carolina, and the Corolla Wild Horse Fund, shall allow for
the introduction of a small number of free-roaming wild
horses from the Cape Lookout National Seashore as necessary
to ensure the genetic diversity and viability of the wild
horse population currently found in and around the Currituck
National Wildlife Refuge, consistent with--
(1) the laws (including regulations) applicable to the
Currituck National Wildlife Refuge and the Cape Lookout
National Seashore; and
(2) the December 2014 Wild Horse Management Agreement
approved by the United States Fish and Wildlife Service, the
North Carolina Department of Environment and Natural
Resources, Currituck County, North Carolina, and the Corolla
Wild Horse Fund.
(b) Agreement.--
(1) In general.--The Secretary may enter into an agreement
with the Corolla Wild Horse Fund to provide for the cost-
effective management of the horses in and around the
Currituck National Wildlife Refuge while ensuring that
natural resources within the Currituck National Wildlife
Refuge are not adversely impacted.
(2) Requirements.--The agreement entered into under
paragraph (1) shall specify that the Corolla Wild Horse Fund
shall pay the costs associated with--
(A) coordinating and conducting a periodic census, and
inspecting the health, of the horses;
(B) maintaining records of the horses living in the wild
and in confinement;
(C) coordinating and conducting the removal and placement
of horses and monitoring of any horses removed from the
Currituck County Outer Banks; and
(D) administering a viable population control plan for the
horses, including auctions, adoptions, contraceptive
fertility methods, and other viable options.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. The original Burr amendment did have a lot of
discussion and passion on both sides, but the Senators were able to
come together this afternoon to resolve their differences over this
issue and craft a reasonable compromise that is acceptable to both
sides. I want to thank Senator Burr, Senator Tillis, and Senator Boxer
for their willingness to find a solution that we can support. So I urge
all my colleagues to support the Burr amendment, as modified.
Ms. MURKOWSKI. Madam President, I ask unanimous consent that the 60-
vote affirmative threshold with respect to the Burr amendment be
vitiated.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The question is on agreeing to the amendment, as modified.
The amendment (No. 3175), as modified, was agreed to.
Amendment No. 3210
The PRESIDING OFFICER. There will now be 2 minutes, equally divided,
prior to a vote on the Lankford amendment.
The Senator from Oklahoma.
Mr. LANKFORD. Madam President, it is a very straightforward Land and
Water Conservation Fund amendment. We have common agreement on the Land
and Water Conservation Fund--what it does, what it funds, how it is
funded. Where we have some dispute is in whether we are we taking care
of the land that we have. We continue to add more acres into the
Federal inventory, and we are not taking care of them. The original
plan of the Land and Water Conservation Fund is that someday, out of
general budget, we will do maintenance on this, but let's keep adding
land. We have all known for decades that has not worked. For decades we
have added more land, and for decades we are not maintaining it.
[[Page S2189]]
The easiest way to identify this amendment is this: This amendment is
about not only purchasing land but taking care of the land that we
actually purchased. It splits half and half--half for the purchase of
land and half for the maintenance.
My daughter's birthday is today. She is 16. She will get a car--an
old used car--at some point. But the requirement for her is to not only
help pay for the car but to actually have enough in her bank account
that she can help maintain it and buy gasoline for it. She has to have
a job so she can have income.
We have set aside the Land and Water Conservation Fund to continually
get more land but not be able to maintain it. We wouldn't do that with
our children. We wouldn't do that with our homes. But we have done it
year after year with this.
Let's do something simple. Let's maintain what we actually purchased
and make sure it comes into strict oversight of the Federal Government.
We should take care of our Federal treasures that are these national
parks and other Federal lands.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. LANKFORD. With that, I yield back.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Madam President, speaking in opposition to the Lankford
amendment, it would gut the Land and Water Conservation Fund. This is a
program in which the Senator's new language would produce obstacles to
the Federal government acquiring land that would cost more than $50,000
per acre, and it would simply add more redtape by having to pass
another law just for the land acquisition to be purchased.
I urge my colleagues to oppose the Lankford amendment and keep the
Land and Water Conservation Fund for the purposes that it was designed.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Ms. MURKOWSKI. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Georgia (Mr.
Perdue).
Mr. DURBIN. I announce that the Senator from Vermont (Mr. Sanders) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 34, nays 63, as follows:
[Rollcall No. 50 Leg.]
YEAS--34
Barrasso
Boozman
Cassidy
Coats
Corker
Cornyn
Cotton
Enzi
Ernst
Fischer
Flake
Grassley
Hatch
Heller
Hoeven
Inhofe
Johnson
Lankford
Lee
McConnell
Moran
Murkowski
Paul
Roberts
Rounds
Rubio
Sasse
Scott
Sessions
Shelby
Sullivan
Thune
Toomey
Vitter
NAYS--63
Alexander
Ayotte
Baldwin
Bennet
Blumenthal
Blunt
Booker
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cochran
Collins
Coons
Crapo
Daines
Donnelly
Durbin
Feinstein
Franken
Gardner
Gillibrand
Graham
Heinrich
Heitkamp
Hirono
Isakson
Kaine
King
Kirk
Klobuchar
Leahy
Manchin
Markey
McCain
McCaskill
Menendez
Merkley
Mikulski
Murphy
Murray
Nelson
Peters
Portman
Reed
Reid
Risch
Schatz
Schumer
Shaheen
Stabenow
Tester
Tillis
Udall
Warner
Warren
Whitehouse
Wicker
Wyden
NOT VOTING--3
Cruz
Perdue
Sanders
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is rejected.
Amendment No. 3311 to Amendment No. 2953
There will now be 2 minutes of debate, equally divided, prior to a
vote on amendment No. 3311, to be offered by the Senator from Arkansas,
Mr. Boozman.
The Senator from Arkansas.
Mr. BOOZMAN. Madam President, I call up my amendment No. 3311.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The senior assistant legislative clerk read as follows:
The Senator from Arkansas [Mr. Boozman] proposes an
amendment numbered 3311 to amendment No. 2953.
The amendment is as follows:
(Purpose: To require a report relating to certain transmission
infrastructure projects)
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 90 days after the date of submission
of a report required under subsection (h).''.
Mr. BOOZMAN. Madam President, this amendment provides a simple report
from the Department of Energy on a specific kind of transmission
project. The amendment will not cause delays or add additional redtape.
It provides transparency and ensures that the Department follows the
law.
This amendment just ensures that the Department provides information
in a timely manner.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. HEINRICH. Madam President, this amendment is a job killer. It
blocks a major new 700-mile, multistate electric transmission project.
The Plains & Eastern Clean Line will deliver four gigawatts of
economical renewable energy to the Southeast. This is $2 billion of
nontaxpayer dollars that will lead to over $6 billion in private
investment in new wind generation that will produce enough power to
power 1 million homes.
During the 3 years of construction, the Clean Line will create 6,000
local construction jobs. Our Nation's grid is the energy of our economy
and it needs modernization. I urge my colleagues to vote no on this
job-killing amendment.
The PRESIDING OFFICER. Is there further debate?
If not, the question is on agreeing to the amendment.
Ms. MURKOWSKI. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Georgia (Mr.
Perdue).
Mr. DURBIN. I announce that the Senator from Vermont (Mr. Sanders) is
necessarily absent.
The PRESIDING OFFICER (Mr. Gardner). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 42, nays 55, as follows:
[Rollcall Vote No. 51 Leg.]
YEAS--42
Alexander
Ayotte
Blunt
Boozman
Burr
Capito
Cassidy
Coats
Cochran
Corker
Cornyn
Cotton
Crapo
Daines
Ernst
Fischer
Flake
Grassley
Hatch
Heller
Isakson
Johnson
Lee
McCain
McConnell
Moran
Murkowski
Paul
Portman
Risch
Roberts
Rounds
Rubio
Sasse
Scott
Sessions
Shelby
Sullivan
Thune
Toomey
Vitter
Wicker
NAYS--55
Baldwin
Barrasso
Bennet
Blumenthal
Booker
Boxer
[[Page S2190]]
Brown
Cantwell
Cardin
Carper
Casey
Collins
Coons
Donnelly
Durbin
Enzi
Feinstein
Franken
Gardner
Gillibrand
Graham
Heinrich
Heitkamp
Hirono
Hoeven
Inhofe
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murphy
Murray
Nelson
Peters
Reed
Reid
Schatz
Schumer
Shaheen
Stabenow
Tester
Tillis
Udall
Warner
Warren
Whitehouse
Wyden
NOT VOTING--3
Cruz
Perdue
Sanders
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is rejected.
Amendment No. 3312
The PRESIDING OFFICER. There will now be 2 minutes of debate, equally
divided, prior to a vote on amendment No. 3312, offered by the Senator
from New Mexico, Mr. Udall.
The Senator from New Mexico.
Mr. UDALL. Thank you, Mr. President.
This amendment is a very simple study amendment. It does nothing more
than ask for a study. It is pro clean energy; it changes no rules; it
doesn't mandate anything; it has no cost; it has no score. It simply
directs the Secretary of the Treasury to submit a report to Congress on
the issuance of clean energy victory bonds.
It is supported by a number of groups. Just to mention a few: the
American Sustainable Business Council, the Evangelical Environmental
Network, the League of Conservation Voters, the Union of Concerned
Scientists, and a number of others.
I urge my colleagues to support it, and I yield back.
The PRESIDING OFFICER. Who yields time?
Ms. MURKOWSKI. We yield all time back.
The PRESIDING OFFICER. Without objection, all time is yielded back.
The question is on agreeing to the amendment.
Ms. MURKOWSKI. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Georgia (Mr.
Perdue).
Mr. DURBIN. I announce that the Senator from Vermont (Mr. Sanders) is
necessarily absent.
THE PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 50, nays 47, as follows:
[Rollcall Vote No. 52 Leg.]
YEAS--50
Ayotte
Baldwin
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Collins
Coons
Donnelly
Durbin
Feinstein
Franken
Gardner
Gillibrand
Heinrich
Heitkamp
Hirono
Kaine
King
Kirk
Klobuchar
Leahy
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Peters
Portman
Reed
Reid
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall
Warner
Warren
Whitehouse
Wyden
NAYS--47
Alexander
Barrasso
Blunt
Boozman
Burr
Capito
Cassidy
Coats
Cochran
Corker
Cornyn
Cotton
Crapo
Daines
Enzi
Ernst
Fischer
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johnson
Lankford
Lee
Manchin
McCain
McConnell
Moran
Paul
Risch
Roberts
Rounds
Rubio
Sasse
Scott
Sessions
Shelby
Sullivan
Thune
Tillis
Toomey
Vitter
Wicker
NOT VOTING--3
Cruz
Perdue
Sanders
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is rejected.
Amendment No. 3787
The PRESIDING OFFICER. There will now be 2 minutes of debate, equally
divided, prior to a vote on amendment No. 3787, offered by the Senator
from Kentucky, Mr. Paul.
The Senator from Kentucky.
Mr. PAUL. Mr. President, Jack Kemp and others who have looked at and
examined the issue of poverty have often found that we have not done a
great job alleviating poverty. We have tried government programs. In my
State, we tried them in rural Appalachia for 40 years. Yet we still
have persistent poverty.
Many of us believe we would have a better chance with poverty if we
would lower taxes in these areas, lessen regulation, and instead of
sending the money to Washington, leave it where the poverty is. My
amendment alone would leave half a billion dollars in Eastern Kentucky,
$200 million in Louisville.
We have had much discussion of Flint, MI, and the water problem
there. My amendment would leave $124 million in Flint, MI, next week.
My amendment would leave over $1 billion in Detroit.
If there are those in this body who can come together and say we have
a unified presence and a unified ability and desire to combat poverty,
this is the amendment to do it. It is called economic freedom zones. I
hope we will get bipartisan support in favor of leaving money in these
impoverished communities to help them get started again.
Thank you.
The PRESIDING OFFICER. The Senator from Washington.
Ms. CANTWELL. Mr. President, I urge my colleagues to oppose this
amendment and this vision. Senator Paul's amendment takes advantage of
economically distressed communities in our country by saying we will
take the hedge funds, big banks, rich investors and see their capital
gains taxes completely eliminated.
The amendment would allow some of the areas in the country with the
biggest environmental challenges, the most vulnerable communities, to
ignore environmental laws like the Clean Air Act, the Clean Water Act,
ignore the requirements of National Heritage Areas, would lift Davis-
Bacon, and it would scar school districts in these areas by not
allowing public education dollars but allowing them to go to private
schools instead.
In short, this amendment would turn these vulnerable communities into
an experiment I don't think we need to have.
I raise a point of order that the pending measure violates section
311(a) of the Congressional Budget Act of 1974.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. PAUL. Mr. President, pursuant to section 904 of the Congressional
Budget Act of 1974 and the waiver provisions of applicable budget
resolutions, I move to waive all applicable sections of that act and
applicable budget resolutions for purposes of my amendment, No. 3787,
and I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the motion to waive.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Georgia (Mr.
Perdue).
Mr. DURBIN. I announce that the Senator from Vermont (Mr. Sanders) is
necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 33, nays 64, as follows:
[Rollcall Vote No. 53 Leg.]
YEAS--33
Blunt
Boozman
Capito
Cassidy
Coats
Cornyn
Cotton
Crapo
Daines
Ernst
Fischer
Flake
Gardner
Graham
Grassley
Hatch
Heller
Hoeven
Johnson
Kirk
Lee
McConnell
Moran
Paul
Risch
Rubio
Sasse
Scott
Shelby
Sullivan
Toomey
Vitter
Wicker
NAYS--64
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
[[Page S2191]]
Booker
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Cochran
Collins
Coons
Corker
Donnelly
Durbin
Enzi
Feinstein
Franken
Gillibrand
Heinrich
Heitkamp
Hirono
Inhofe
Isakson
Kaine
King
Klobuchar
Lankford
Leahy
Manchin
Markey
McCain
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Peters
Portman
Reed
Reid
Roberts
Rounds
Schatz
Schumer
Sessions
Shaheen
Stabenow
Tester
Thune
Tillis
Udall
Warner
Warren
Whitehouse
Wyden
NOT VOTING--3
Cruz
Perdue
Sanders
The PRESIDING OFFICER. On this vote, the yeas are 33, the nays are
64.
Three-fifths of the Senators duly chosen and sworn not having voted
in the affirmative, the motion is rejected. The point of order is
sustained, and the amendment falls.
Change of Vote
Ms. AYOTTE. Mr. President, on rollcall vote No. 53, I voted yea. It
was my intention to vote nay. Therefore, I ask unanimous consent that I
be permitted to change my vote since it will not affect the outcome.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The foregoing tally has been changed to reflect the above order.)
Mr. PORTMAN. Mr. President, on rollcall vote No. 53, I voted yea. It
was my intention to vote nay. Therefore, I ask unanimous consent that I
be permitted to change my vote since it will not affect the outcome.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The foregoing tally has been changed to reflect the above order.)
Amendment No. 2954
The PRESIDING OFFICER. There will now be 2 minutes of debate, equally
divided, prior to a vote on amendment No. 2954, offered by the Senator
from Louisiana, Mr. Cassidy.
The Senator from Louisiana.
Mr. CASSIDY. Mr. President, this amendment pertains to the sale from
the Strategic Petroleum Reserve. It merely gives the government the
authority to time that sale. We can buy oil high or buy oil low, but we
should sell it higher.
All this amendment does--a commonsense, bipartisan amendment--is to
say that whenever the oil is sold from the Strategic Petroleum Reserve,
it should be when the best price is fetched, if you will, for the
taxpayers of the country. It is common sense. It protects taxpayers. It
should be adopted.
Thank you.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. MARKEY. Mr. President, Senator Cassidy and I have offered this
amendment in order to correct a problem in the bill. Without this
amendment, there would not be the kind of discipline which is necessary
in order to make sure the Strategic Petroleum oil is sold strategically
so that the Federal Government gets the best price for it, so that we
sell high--or as high as we can--in order to limit the number of
barrels of oil that ultimately will be sold so that we can keep as many
as possible in the Strategic Petroleum Reserve.
In order to meet the budget objectives, this amendment satisfies it
but also ensures that we keep the maximum number of barrels of oil
remaining in the Strategic Petroleum Reserve. This is going to make
millions--tens of millions of extra dollars for the Federal taxpayers
because it will be done in a very smart way. We will be selling as high
as possible because we bought this oil, for the most part, in a very
high-priced marketplace.
Senator Cassidy and I urge an ``aye'' vote on the amendment.
The PRESIDING OFFICER. The Senator from Alaska.
Ms. MURKOWSKI. Mr. President, I appreciate the work of both Senators,
who came together with a very commonsense amendment.
Mr. President, I ask unanimous consent that the 60-vote affirmative
threshold for the Cassidy-Markey amendment be vitiated.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Is there further debate on the amendment?
If not, the question is on agreeing to the amendment.
The amendment (No. 2954) was agreed to.
Amendment No. 2953, as Amended
The PRESIDING OFFICER. Under the previous order, amendment No. 2953,
as amended, is agreed to.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the order
with respect to the vote on the motion to invoke cloture on S. 2012,
upon reconsideration, be vitiated.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that following
leader remarks on Wednesday, April 20, the time until 10 a.m. be
equally divided between the two leaders or their designees; further,
that at 10 a.m., the Senate vote on passage of S. 2012, as amended.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The Senator from Alaska.
Ms. MURKOWSKI. Mr. President, this brings us to the end of the
agreed-to votes on the amendments that required a rollcall, as well as
the 29 various amendments that were accepted by voice en bloc. We have
made extraordinary progress on a good, strong, bipartisan energy
modernization bill. I thank colleagues for the process we have all
engaged in today as we have worked to wrap up the final measures to
allow us to move to final passage tomorrow morning.
____________________