[Congressional Record (Bound Edition), Volume 161 (2015), Part 3]
[Senate]
[Pages 3864-3872]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BOOKER:
  S. 797. A bill to amend the Railroad Revitalization and Regulatory 
Reform Act of 1976, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. BOOKER. Mr. President, our Nation faces an infrastructure 
investment crisis across the board, but one aspect of our 
infrastructure that has been particularly neglected by the Federal 
Government is rail. While the Nation's large freight rail carriers are 
able to invest in infrastructure with their own funds, the 
infrastructure used by passenger and many smaller freight railroads is 
deteriorating at an alarming rate. We need to be doing more to repair 
and modernize these tracks, roadbeds, bridges, tunnels, and train cars.
  Nowhere is the investment crisis more pressing than in New Jersey, 
where a set of tunnels constructed under the Hudson River in 1910--
badly damaged by Hurricane Sandy--must either be replaced or shut down 
sometime over the next two decades. The shutdown scenario is 
unacceptable to the economy of not only my State, but the entire 
northeast region, if not the country.
  Amtrak has a plan, known as the Gateway Program, to replace these 
tunnels, as well as the century old Portal Bridge. Executing the 
Gateway Program will take a significant funding commitment from the 
Federal Government, and I stand ready to fight for that funding. But, 
given the significant upfront cost, and the long-term benefits and 
revenue potential, it makes sense to explore financing opportunities in 
addition to funding.
  The Federal Government already has an established financing program 
in the Railroad Rehabilitation and Improvement Financing Program, or 
RRIF. However, the RRIF program is fraught with limitations, 
particularly

[[Page 3865]]

in its ability to finance fixed infrastructure projects like a bridge 
or tunnel. The program is significantly underutilized, especially 
relative to other Federal financing programs.
  That is why I am introducing the Railroad Infrastructure Financing 
Improvement Act. This bill would incorporate into RRIF the policies 
that make other Federal loan programs more successful. For instance, it 
will establish new creditworthiness criteria focused on the merits of 
the project, increase repayment flexibility, help leverage private 
financing opportunities, speed up the process of applying for and 
receiving a loan, and improve access to the program particularly for 
smaller applicants.
  The bill is meant to start a conversation about the tools we 
currently have available for investing in rail infrastructure, and the 
improvements we can make to start getting critical projects like the 
Gateway Program off the ground. I look forward to working with my 
colleagues and rail stakeholders to build upon this proposal and move 
forward on a comprehensive passenger rail reauthorization bill.
                                 ______
                                 
      By Mr. McCONNELL (for himself and Mr. Casey):
  S. 799. A bill to combat the rise of prenatal opioid abuse and 
neonatal abstinence syndrome; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. McCONNELL. Mr. President, next month I look forward to hosting 
our Nation's newest drug czar at a forum in Covington, KY. It is a 
forum that will allow Director Bottecelli to hear firsthand accounts of 
the devastating impact of one of America's most significant public 
health challenges and one that continues to hit my State particularly 
hard--the growing epidemic of prescription drug and heroin abuse.
  It is hard to overstate the challenge. Drug overdoses, largely driven 
by pain killers, now claim more Kentucky lives than car accidents, and 
rising heroin overdose rates now account for nearly one-third of all 
drug overdose deaths in Kentucky.
  While statistics such as these are devastating enough, they hardly 
paint the full picture because they don't account for the thousands of 
innocent children born dependent on opioids. The numbers are hard to 
hear. Nationwide we have seen a staggering 300-percent increase in the 
number of infants diagnosed with newborn withdrawal since 2000. But in 
Kentucky, we saw similar numbers grow by an almost unbelievable 3,000 
percent.
  It is a tragic challenge, and I say that especially as a father of 
three daughters. But it is a challenge we can do something about. If 
Washington enacts the bipartisan Protecting Our Infants Act that I am 
introducing today, along with Senator Casey of Pennsylvania, it is a 
challenge we will do something about.
  This bipartisan bill will do a number of important things. It will 
direct the Secretary of Health and Human Services to develop 
recommendations both for preventing prenatal opioid abuse and treating 
infants dependent on opioids. It would direct the Secretary to help 
develop a strategy to address research and program gaps--a step 
recommended by GAO in one of their reports released last month--and it 
would encourage the Director of the CDC to work with States to help 
improve surveillance and data collection activities in this area.
  Obviously, no piece of legislation would ever solve the challenge 
overnight, but the bipartisan Protect Our Infants Act can help move the 
country in the right direction. That is why it is supported by the 
March of Dimes, the American Academy of Pediatrics, the American 
Congress of Obstetricians and Gynecologists. That is why an identical 
bill will also be introduced in the House today by Congresswoman 
Katherine Clark of Massachusetts and Congressman Steve Stivers of Ohio.
  I commend these Representatives and Senator Casey for their 
leadership on this issue. I look forward to working with them to 
advance this important measure through Congress, and I look forward to 
discussing it with Director Botticelli during his visit to Kentucky in 
the next few weeks.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 799

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protecting Our Infants Act 
     of 2015''.

     SEC. 2. FINDINGS.

       Congress finds as follows:
       (1) Opioid prescription rates have risen dramatically over 
     the past several years. According to the Centers for Disease 
     Control and Prevention, in some States, there are as many as 
     96 to 143 prescriptions for opioids per 100 adults per year.
       (2) In recent years, there has been a steady rise in the 
     number of overdose deaths involving heroin. According to the 
     Centers for Disease Control and Prevention, the death rate 
     for heroin overdose doubled from 2010 to 2012.
       (3) At the same time, there has been an increase in cases 
     of neonatal abstinence syndrome (referred to in this section 
     as ``NAS''). In the United States, the incidence of NAS has 
     risen from 1.20 per 1,000 hospital births in 2000 to 3.39 per 
     1,000 hospital births in 2009.
       (4) NAS refers to medical issues associated with drug 
     withdrawal in newborns due to exposure to opioids or other 
     drugs in utero.
       (5) The average cost of treatment in a hospital for NAS 
     increased from $39,400 in 2000 to $53,400 in 2009. Most of 
     these costs are born by the Medicaid program.
       (6) Preventing opioid abuse among pregnant women and women 
     of childbearing age is crucial.
       (7) Medically-appropriate opioid use in pregnancy is not 
     uncommon, and opioids are often the safest and most 
     appropriate treatment for moderate to severe pain for 
     pregnant women.
       (8) Addressing NAS effectively requires a focus on women of 
     childbearing age, pregnant women, and infants from 
     preconception through early childhood.
       (9) NAS can result from the use of prescription drugs as 
     prescribed for medical reasons, from the abuse of 
     prescription drugs, or from the use of illegal opioids like 
     heroin.
       (10) For pregnant women who are abusing opioids, it is most 
     appropriate to treat and manage maternal substance use in a 
     non-punitive manner.
       (11) According to a report of the Government Accountability 
     Office (referred to in this section as the ``GAO report''), 
     more research is needed to optimize the identification and 
     treatment of babies with NAS and to better understand long-
     term impacts on children.
       (12) According to the GAO report, the Department of Health 
     and Human Services does not have a focal point to lead 
     planning and coordinating efforts to address prenatal opioid 
     use and NAS across the department.
       (13) According to the GAO report, ``given the increasing 
     use of heroin and abuse of opioids prescribed for pain 
     management, as well as the increased rate of NAS in the 
     United States, it is important to improve the efficiency and 
     effectiveness of planning and coordination of Federal efforts 
     on prenatal opioid use and NAS''.

     SEC. 3. DEVELOPING RECOMMENDATIONS FOR PREVENTING AND 
                   TREATING PRENATAL OPIOID ABUSE AND NEONATAL 
                   ABSTINENCE SYNDROME.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this Act as the ``Secretary''), acting 
     through the Director of the Agency for Healthcare Research 
     and Quality (referred to in this section as the 
     ``Director''), shall conduct a study and develop 
     recommendations for preventing and treating prenatal opioid 
     abuse and neonatal abstinence syndrome, soliciting input from 
     nongovernmental entities, including organizations 
     representing patients, health care providers, hospitals, 
     other treatment facilities, and other entities, as 
     appropriate.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall publish on the 
     Internet Web site of the Agency for Healthcare Research and 
     Quality a report on the study and recommendations under 
     subsection (a). Such report shall address each of the issues 
     described in paragraphs (1) through (3) of subsection (c).
       (c) Contents.--The study described in subsection (a) and 
     the report under subsection (b) shall include--
       (1) a comprehensive assessment of existing research with 
     respect to the prevention, identification, treatment, and 
     long-term outcomes of neonatal abstinence syndrome, including 
     the identification and treatment of pregnant women or women 
     who may become pregnant who use opioids or other drugs;
       (2) an evaluation of--
       (A) the causes of and risk factors for opioid use disorders 
     among women of reproductive age, including pregnant women;
       (B) the barriers to identifying and treating opioid use 
     disorders among women of reproductive age, including pregnant 
     and postpartum women and women with young children;

[[Page 3866]]

       (C) current practices in the health care system to respond 
     to and treat pregnant women with opioid use disorders and 
     infants born with neonatal abstinence syndrome;
       (D) medically indicated use of opioids during pregnancy;
       (E) access to treatment for opioid use disorders in 
     pregnant and postpartum women; and
       (F) access to treatment for infants with neonatal 
     abstinence syndrome; and
       (3) recommendations on--
       (A) preventing, identifying, and treating neonatal 
     abstinence syndrome in infants;
       (B) treating pregnant women who are dependent on opioids; 
     and
       (C) preventing opioid dependence among women of 
     reproductive age, including pregnant women, who may be at 
     risk of developing opioid dependence.

     SEC. 4. IMPROVING PREVENTION AND TREATMENT FOR PRENATAL 
                   OPIOID ABUSE AND NEONATAL ABSTINENCE SYNDROME.

       (a) Review of Programs.--The Secretary shall lead a review 
     of planning and coordination within the Department of Health 
     and Human Services related to prenatal opioid use and 
     neonatal abstinence syndrome.
       (b) Strategy to Close Gaps in Research and Programming.--In 
     carrying out subsection (a), the Secretary shall develop a 
     strategy to address research and program gaps, including such 
     gaps identified in findings made by reports of the Government 
     Accountability Office. Such strategy shall address--
       (1) gaps in research, including with respect to--
       (A) the most appropriate treatment of pregnant women with 
     opioid use disorders;
       (B) the most appropriate treatment and management of 
     infants with neonatal abstinence syndrome; and
       (C) the long-term effects of prenatal opioid exposure on 
     children; and
       (2) gaps in programs, including--
       (A) the availability of treatment programs for pregnant and 
     postpartum women and for newborns with neonatal abstinence 
     syndrome; and
       (B) guidance and coordination in Federal efforts to address 
     prenatal opioid use or neonatal abstinence syndrome.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report on the findings of the review 
     described in subsection (a) and the strategy developed under 
     subsection (b).

     SEC. 5. IMPROVING DATA ON AND PUBLIC HEALTH RESPONSE TO 
                   NEONATAL ABSTINENCE SYNDROME.

       (a) Data and Surveillance.--The Director of the Centers for 
     Disease Control and Prevention shall, as appropriate--
       (1) provide technical assistance to States to improve the 
     availability and quality of data collection and surveillance 
     activities regarding neonatal abstinence syndrome, 
     including--
       (A) the incidence and prevalence of neonatal abstinence 
     syndrome;
       (B) the identification of causes for neonatal abstinence 
     syndrome, including new and emerging trends; and
       (C) the demographics and other relevant information 
     associated with neonatal abstinence syndrome;
       (2) collect available surveillance data described in 
     paragraph (1) from States, as applicable; and
       (3) make surveillance data collected pursuant to paragraph 
     (2) publically available on an appropriate Internet Web site.
       (b) Public Health Response.--The Director of the Centers 
     for Disease Control and Prevention shall encourage increased 
     utilization of effective public health measures to reduce 
     neonatal abstinence syndrome.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mrs. Shaheen):
  S. 804. A bill to amend title XVIII of the Social Security Act to 
specify coverage of continuous glucose monitoring devices, and for 
other purposes; to the Committee on Finance.
  Ms. COLLINS. Mr. President, as the founder and the cochair of the 
Senate Diabetes Caucus, I have learned much about this devastating 
disease affecting nearly 29 million Americans. Fortunately, due to the 
Special Diabetes Program and to increased investments in diabetes 
research, we have seen some exciting breakthroughs and we are on the 
threshold of a number of important new discoveries.
  This is particularly true for the estimated 1.2 million Americans 
living with type 1 diabetes. Advances in technology such as continuous 
glucose monitors are helping patients control their blood glucose 
levels, which is key to preventing costly and sometimes deadly diabetes 
complications. We are moving closer and closer to our goal of an 
artificial pancreas.
  The National Institutes of Health and the Food and Drug 
Administration have been extremely supportive of these innovations in 
diabetes care. I was, therefore, shocked and troubled to learn that 
insulin-dependent Medicare beneficiaries are being denied coverage for 
continuous glucose monitors because the Centers for Medicare and 
Medicaid Services has determined that they do not meet the definition 
for durable medical equipment and do not fall under any other Medicare 
category. As a consequence, we are seeing situations similar to what we 
saw with insulin pumps in the late 1990s, where individuals with type 1 
diabetes have had coverage for their continuous glucose monitors on 
their private insurance, only to lose that coverage when they get old 
enough to become eligible for Medicare.
  Let me give some brief background. A continuous glucose monitor is a 
physician-prescribed, FDA-approved medical device that can provide 
real-time readings and data about trends in glucose levels every 5 
minutes, thus enabling someone with insulin-dependent diabetes to eat 
or take insulin and prevent dangerously high or low glucose levels.
  There has been essential and extensive clinical evidence that shows 
that individuals using this device have improved overall glucose 
control and, thus, reduced rates of hypoglycemia or low blood glucose 
levels. That is why professional medical societies have recognized the 
clinical evidence and have published guidelines recommending that these 
monitors be used in appropriate patients with type 1 diabetes.
  Now, here is the fact that is astonishing to me. About 95 percent of 
commercial insurers provide coverage for continuous glucose monitors, 
but Medicare is refusing to provide coverage for those devices. I 
recently heard about this problem from one of my constituents, 74-year-
old Prudence Barry of Portland, ME. Diabetes treatments have changed 
dramatically since Pru was diagnosed with type 1 diabetes back in 1954. 
Back then, it was very difficult for her to control her insulin levels 
and to get her glucose levels properly read. Well, Pru has led an 
active and fulfilling life. Living with type 1 diabetes for more than 
60 years has taken its toll.
  Today, Pru no longer feels it when her blood glucose levels drop to 
dangerous levels, causing her to lose consciousness and suffer seizures 
more frequently. Nighttime low sugars are particularly troubling. She 
fears the possibility of her blood sugar developing so low during the 
night that she never wakes up. The continuous glucose monitor is a 
potential lifesaver for Pru because it prevents these dangerously high 
or low blood glucose levels by alarming the wearer when the glucose 
levels fall outside of the safe range.
  So even though 95 percent of private insurers cover this technology, 
Medicare does not. As a consequence, Pru does not have access to the 
potentially lifesaving device because she cannot afford to pay for it 
out of pocket. Pru is not alone. There are thousands of seniors with 
type 1 diabetes who like my constituent are denied access to this 
technology that would help keep them healthy and safe.
  The ironic thing is it is only because of advances in diabetes care, 
such as continuous glucose monitors, that people with type 1 diabetes 
can expect to live long enough to become Medicare beneficiaries. So I 
am very concerned about this decision by CMS. It makes absolutely no 
sense. It contradicts all the work NIH and the FDA are doing to get new 
innovative treatments and technologies to patients.
  I brought this up in a recent hearing of the HELP Committee and asked 
the outgoing FDA Commissioner what she thought. She expressed her 
regret about the lack of consultation between her agency and CMS about 
payments for FDA-approved devices and drugs.I am particularly concerned 
given the implications that this coverage decision will have for future 
decisions regarding artificial pancreas systems, which will combine a 
continuous glucose monitor, insulin pump, and sophisticated algorithm 
to control high and low blood sugar around the clock.
  This coverage decision on the part of CMS--which, after all, is also 
part of

[[Page 3867]]

the Department of Health and Human Services--directly counteracts all 
of the work that the NIH and the FDA are doing to get new innovative 
treatments and technologies to patients. As I said, I recently had the 
opportunity at a HELP Committee hearing to ask outgoing FDA 
Commissioner Hamburg whether CMS consults with her agency when making 
these kinds of coverage decisions. In response to my question, 
Commissioner Hamburg expressed regret that her agency does not 
routinely consult with CMS about payments for FDA-approved drugs and 
devices, saying that the FDA should ``look at the whole ecosystem of 
biomedical product development and use, and recognize that each of the 
different components that often operate in silos actually are very 
interdependent.'' I completely agree with her assessment.
  I am therefore joining my colleague from New Hampshire and the Co-
Chair of the Senate Diabetes Caucus in introducing the Medicare CGM 
Access Act of 2014 to create a separate benefit category under Medicare 
for the continuous glucose monitor and require coverage of the device 
for individuals meeting specified medical criteria.
  Our legislation is strongly supported by a coalition of 
organizations, including the American Association of Clinical 
Endocrinologists, the American Association of Diabetes Educators, the 
Endocrine Society and the JDRF.
  I encourage my colleagues to join us as cosponsors of this important 
legislation.
  I see Senator Leahy has come to the floor and undoubtedly wants to 
speak on the pending business. Let me conclude my remarks by saying I 
am very pleased the Senator from New Hampshire, Jeanne Shaheen, who is 
the cochair of the Senate Diabetes Caucus, is joining me in introducing 
the Medicare CGM Access Act to create a separate benefit category under 
Medicare for these monitors and to require coverage of the device for 
seniors who are meeting specified medical criteria.
  Mr. President, I ask unanimous consent that a letter of endorsement 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                   March 15, 2015.
     Hon. Susan Collins, 
     U.S. Senate, Dirksen Senate Office Building,
     Washington, DC.
     Hon. Jeanne Shaheen,
     U.S. Senate, Hart Senate Office Building,
     Washington, DC.
       Dear Senators Collins and Shaheen, Therapy innovation is 
     moving forward at a rapid pace for those living with insulin-
     dependent diabetes. As leaders of the Senate Diabetes Caucus, 
     you have worked to catalyze these efforts by ensuring 
     American patients have access to these life-saving 
     technologies that can transform quality of life. Advancements 
     in integrated insulin pump and continuous glucose monitoring 
     (CGM) technologies are progressing toward closed-loop 
     ``artificial pancreas'' systems that will enable greater 
     patient care and improved health outcomes. With these 
     technology advancements, thankfully, most children with type 
     1 diabetes will be Medicare beneficiaries one day, something 
     that could not have been said with such certainty even 20 
     years ago.
       While thousands of people with insulin-dependent diabetes 
     benefit from advanced diabetes technologies, including CGM, 
     Medicare beneficiaries do not. CGM is covered by nearly all 
     private health plans. Numerous studies have demonstrated 
     conclusively that use of CGMs improves glucose control, 
     enabling better patient care, thereby improving patient 
     health. Studies have also shown that use of CGM devices 
     reduce severe hypoglycemia events, which particularly impact 
     elderly patients and can lead to falls, fractures and other 
     complications. The average cost of an inpatient hypoglycemia 
     admission is over $17,500.
       The undersigned organizations strongly support your 
     legislation, the Medicare CGM Access Act that would remedy 
     this disparity for those in Medicare. Your legislation 
     creates a new benefit category for FDA approved CGM devices, 
     including stand-alone CGM, CGM integrated with an insulin 
     pump, and future artificial pancreas device systems. This 
     therapy would be covered for those meeting appropriate 
     medical criteria consistent with private coverage and 
     professional clinical guidelines. Again, thank you for your 
     continued leadership on behalf of those with diabetes and we 
     look forward to working with you to move this legislation 
     forward quickly.
         American Association of Clinical Endocrinologists (AACE); 
           American Association of Diabetes Educators (AADE); 
           Dexcom; Endocrine Society; JDRF; Johnson & Johnson; 
           Medtronic.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 814. A bill to provide for the conveyance of certain Federal land 
in the State of Oregon to the Confederated Tribes of Coos, Lower 
Umpqua, and Siuslaw Indians; to the Committee on Energy and Natural 
Resources.
  Mr. WYDEN. Mr. President, today I rise to introduce five unique 
Oregon tribal bills S. 814, S. 815, S. 816, S. 817, and S. 818, that 
each deliver on promises made to the tribes long ago. By introducing 
these bills today I am renewing my commitment to the five Oregon tribes 
who will benefit greatly from passage of these bills--the Confederated 
Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, the Coquille 
Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians, the 
Confederated Tribes of Siletz Indians, and the Confederated Tribes of 
Grand Ronde.
  For the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw 
Indians and the Cow Creek Band of Umpqua Tribe of Indians, their bills 
put land into trust, the last two remaining federally-recognized Indian 
tribes in Oregon without a land base. The third bill amends the 
Restoration Act of the Coquille Indian Tribe to make forest management 
activities on tribal lands uniform with the management of other tribal 
forests. The final two bills streamline the Bureau of Indian Affairs 
process for putting land into trust for the Confederated Tribes of 
Siletz Indians and the Confederated Tribes of Grand Ronde. These five 
unique bills honor and respect tribal sovereignty and support each 
tribe's right to be self-sufficient, build their economies, and support 
and provide for their communities. I am pleased to be joined on these 
bills by my colleague Senator Merkley and look forward to working with 
our Senate and House colleagues to advance the bills and to finally 
send them to the President's desk.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 814

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oregon Coastal Land Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Confederated tribes.--The term ``Confederated Tribes'' 
     means the Confederated Tribes of Coos, Lower Umpqua, and 
     Siuslaw Indians.
       (2) Oregon coastal land.--The term ``Oregon Coastal land'' 
     means the approximately 14,408 acres of land, as generally 
     depicted on the map entitled ``Oregon Coastal Land 
     Conveyance'' and dated March 27, 2013.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. CONVEYANCE.

       (a) In General.--Subject to valid existing rights, 
     including rights-of-way, all right, title, and interest of 
     the United States in and to the Oregon Coastal land, 
     including any improvements located on the land, appurtenances 
     to the land, and minerals on or in the land, including oil 
     and gas, shall be--
       (1) held in trust by the United States for the benefit of 
     the Confederated Tribes; and
       (2) part of the reservation of the Confederated Tribes.
       (b) Survey.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete a survey 
     of the boundary lines to establish the boundaries of the land 
     taken into trust under subsection (a).

     SEC. 4. MAP AND LEGAL DESCRIPTION.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Oregon Coastal land with--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Natural Resources of the House of 
     Representatives.
       (b) Force and Effect.--The map and legal description filed 
     under subsection (a) shall have the same force and effect as 
     if included in this Act, except that the Secretary may 
     correct any clerical or typographical errors in the map or 
     legal description.
       (c) Public Availability.--The map and legal description 
     filed under subsection (a) shall be on file and available for 
     public inspection in the Office of the Secretary.

     SEC. 5. ADMINISTRATION.

       (a) In General.--Unless expressly provided in this Act, 
     nothing in this Act affects any right or claim of the 
     Confederated Tribes existing on the date of enactment of this 
     Act to any land or interest in land.

[[Page 3868]]

       (b) Prohibitions.--
       (1) Exports of unprocessed logs.--Federal law (including 
     regulations) relating to the export of unprocessed logs 
     harvested from Federal land shall apply to any unprocessed 
     logs that are harvested from the Oregon Coastal land taken 
     into trust under section 3.
       (2) Non-permissible use of land.--Any real property taken 
     into trust under section 3 shall not be eligible, or used, 
     for any gaming activity carried out under Public Law 100-497 
     (25 U.S.C. 2701 et seq.).
       (c) Laws Applicable to Commercial Forestry Activity.--Any 
     commercial forestry activity that is carried out on the 
     Oregon Coastal land taken into trust under section 3 shall be 
     managed in accordance with all applicable Federal laws.
       (d) Agreements.--The Confederated Tribes shall consult with 
     the Secretary and other parties as necessary to develop 
     agreements to provide for access to the Oregon Coastal land 
     taken into trust under section 3 that provide for--
       (1) honoring existing reciprocal right-of-way agreements;
       (2) administrative access by the Bureau of Land Management; 
     and
       (3) management of the Oregon Coastal land that are acquired 
     or developed under chapter 2003 of title 54, United States 
     Code, consistent with section 200305(f)(3) of title 54, 
     United States Code.
       (e) Land Use Planning Requirements.--Except as provided in 
     subsection (c), once the Oregon Coastal land is taken into 
     trust under section 3, the land shall not be subject to the 
     land use planning requirements of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of 
     August 28, 1937 (43 U.S.C. 1181a et seq.).

     SEC. 6. LAND RECLASSIFICATION.

       (a) Identification of Oregon and California Railroad Grant 
     Land.--Not later than 180 days after the date of enactment of 
     this Act, the Secretary of Agriculture and the Secretary 
     shall identify any Oregon and California Railroad grant land 
     that is held in trust by the United States for the benefit of 
     the Confederated Tribes under section 3.
       (b) Identification of Public Domain Land.--Not later than 
     18 months after the date of enactment of this Act, the 
     Secretary shall identify public domain land in the State of 
     Oregon that--
       (1) is approximately equal in acreage and condition as the 
     Oregon and California Railroad grant land identified under 
     subsection (a); and
       (2) is located in the vicinity of the Oregon and California 
     Railroad grant land.
       (c) Maps.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     and publish in the Federal Register 1 or more maps depicting 
     the land identified in subsections (a) and (b).
       (d) Reclassification.--
       (1) In general.--After providing an opportunity for public 
     comment, the Secretary shall reclassify the land identified 
     in subsection (b) as Oregon and California Railroad grant 
     land.
       (2) Applicability.--The Act of August 28, 1937 (43 U.S.C. 
     1181a et seq.), shall apply to land reclassified as Oregon 
     and California Railroad grant land under paragraph (1).
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 815. A bill to provide for the conveyance of certain Federal land 
in the State of Oregon to the Cow Creek Band of Umpqua Tribe of 
Indians; to the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 815

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cow Creek Umpqua Land 
     Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Council creek land.--The term ``Council Creek land'' 
     means the approximately 17,519 acres of land, as generally 
     depicted on the map entitled ``Canyon Mountain Land 
     Conveyance'' and dated June 27, 2013.
       (2) Tribe.--The term ``Tribe'' means the Cow Creek Band of 
     Umpqua Tribe of Indians.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. CONVEYANCE.

       (a) In General.--Subject to valid existing rights, 
     including rights-of-way, all right, title, and interest of 
     the United States in and to the Council Creek land, including 
     any improvements located on the land, appurtenances to the 
     land, and minerals on or in the land, including oil and gas, 
     shall be--
       (1) held in trust by the United States for the benefit of 
     the Tribe; and
       (2) part of the reservation of the Tribe.
       (b) Survey.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete a survey 
     of the boundary lines to establish the boundaries of the land 
     taken into trust under subsection (a).

     SEC. 4. MAP AND LEGAL DESCRIPTION.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the Council Creek land with--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Natural Resources of the House of 
     Representatives.
       (b) Force and Effect.--The map and legal description filed 
     under subsection (a) shall have the same force and effect as 
     if included in this Act, except that the Secretary may 
     correct any clerical or typographical errors in the map or 
     legal description.
       (c) Public Availability.--The map and legal description 
     filed under subsection (a) shall be on file and available for 
     public inspection in the Office of the Secretary.

     SEC. 5. ADMINISTRATION.

       (a) In General.--Unless expressly provided in this Act, 
     nothing in this Act affects any right or claim of the Tribe 
     existing on the date of enactment of this Act to any land or 
     interest in land.
       (b) Prohibitions.--
       (1) Exports of unprocessed logs.--Federal law (including 
     regulations) relating to the export of unprocessed logs 
     harvested from Federal land shall apply to any unprocessed 
     logs that are harvested from the Council Creek land.
       (2) Non-permissible use of land.--Any real property taken 
     into trust under section 3 shall not be eligible, or used, 
     for any gaming activity carried out under Public Law 100-497 
     (25 U.S.C. 2701 et seq.).
       (c) Forest Management.--Any forest management activity that 
     is carried out on the Council Creek land shall be managed in 
     accordance with all applicable Federal laws.

     SEC. 6. LAND RECLASSIFICATION.

       (a) Identification of Oregon and California Railroad Grant 
     Land.--Not later than 180 days after the date of enactment of 
     this Act, the Secretary of Agriculture and the Secretary 
     shall identify any Oregon and California Railroad grant land 
     that is held in trust by the United States for the benefit of 
     the Tribe under section 3.
       (b) Identification of Public Domain Land.--Not later than 
     18 months after the date of enactment of this Act, the 
     Secretary shall identify public domain land in the State of 
     Oregon that--
       (1) is approximately equal in acreage and condition as the 
     Oregon and California Railroad grant land identified under 
     subsection (a); and
       (2) is located in the vicinity of the Oregon and California 
     Railroad grant land.
       (c) Maps.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     and publish in the Federal Register 1 or more maps depicting 
     the land identified in subsections (a) and (b).
       (d) Reclassification.--
       (1) In general.--After providing an opportunity for public 
     comment, the Secretary shall reclassify the land identified 
     in subsection (b) as Oregon and California Railroad grant 
     land.
       (2) Applicability.--The Act of August 28, 1937 (43 U.S.C. 
     1181a et seq.), shall apply to land reclassified as Oregon 
     and California Railroad grant land under paragraph (1).
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 816. A bill to amend the Coquille Restoration Act to clarify 
certain provisions relating to the management of the Coquille Forest; 
to the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 816

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AMENDMENTS TO COQUILLE RESTORATION ACT.

       Section 5(d) of the Coquille Restoration Act (25 U.S.C. 
     715c(d)) is amended--
       (1) by striking paragraph (5) and inserting the following:
       ``(5) Management.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary, acting through the Assistant Secretary for Indian 
     Affairs, shall manage the Coquille Forest in accordance with 
     the laws pertaining to the management of Indian trust land.
       ``(B) Administration.--
       ``(i) Unprocessed logs.--Unprocessed logs harvested from 
     the Coquille Forest shall be subject to the same Federal 
     statutory restrictions on export to foreign nations that 
     apply to unprocessed logs harvested from Federal land.
       ``(ii) Sales of timber.--Notwithstanding any other 
     provision of law, all sales of timber from land subject to 
     this subsection shall be advertised, offered, and awarded 
     according to competitive bidding practices, with sales being 
     awarded to the highest responsible bidder.'';
       (2) by striking paragraph (9); and
       (3) by redesignating paragraphs (10) through (12) as 
     paragraphs (9) through (11), respectively.

[[Page 3869]]


                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 817. A bill to provide for the addition of certain real property 
to the reservation of the Siletz Tribe in the State of Oregon; to the 
Committee on Indian Affairs.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 817

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PURPOSE; CLARIFICATION.

       (a) Purpose.--The purpose of this Act is to facilitate fee-
     to-trust applications for the Siletz Tribe within the 
     geographic area specified in the amendment made by this Act.
       (b) Clarification.--Except as specifically provided 
     otherwise by this Act or the amendment made by this Act, 
     nothing in this Act or the amendment made by this Act, shall 
     prioritize for any purpose the claims of any federally-
     recognized Indian tribe over the claims of any other 
     federally-recognized Indian tribe.

     SEC. 2. TREATMENT OF CERTAIN PROPERTY OF THE SILETZ TRIBE OF 
                   THE STATE OF OREGON.

       Section 7 of the Siletz Tribe Indian Restoration Act (25 
     U.S.C. 711e) is amended by adding at the end the following:
       ``(f) Treatment of Certain Property.--
       ``(1) In general.--
       ``(A) Title.--The Secretary may accept title to any 
     additional number of acres of real property located within 
     the boundaries of the original 1855 Siletz Coast Reservation 
     established by Executive Order dated November 9, 1855, 
     comprised of land within the political boundaries of Benton, 
     Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in 
     the State of Oregon, if that real property is conveyed or 
     otherwise transferred to the United States by or on behalf of 
     the tribe.
       ``(B) Trust.--Land to which title is accepted by the 
     Secretary under this paragraph shall be held in trust by the 
     United States for the benefit of the tribe.
       ``(2) Treatment as part of reservation.--All real property 
     that is taken into trust under paragraph (1) shall--
       ``(A) be considered and evaluated as an on-reservation 
     acquisition under part 151.10 of title 25, Code of Federal 
     Regulations (or successor regulations); and
       ``(B) become part of the reservation of the tribe.
       ``(3) Prohibition on gaming.--Any real property taken into 
     trust under paragraph (1) shall not be eligible, or used, for 
     any gaming activity carried out under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.).''.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 818. A bill to amend the Grand Ronde Reservation Act to make 
technical corrections, and for other purposes; to the Committee on 
Indian Affairs.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 818

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADDITIONAL LAND FOR RESERVATION.

       Section 1 of the Act entitled ``An Act to establish a 
     reservation for the Confederated Tribes of the Grand Ronde 
     Community of Oregon, and for other purposes,'' approved 
     September 9, 1988 (Public Law 100-425; 102 Stat. 1594; 102 
     Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 
     Stat. 4566; 112 Stat. 1896), is amended--
       (1) in subsection (a)--
       (A) by striking ``Subject to valid'' and inserting the 
     following:
       ``(1) In general.--Subject to valid''; and
       (B) by adding after paragraph (1) (as designated by 
     subparagraph (A)) the following:
       ``(2) Additional trust acquisitions.--
       ``(A) In general.--The Secretary may accept title to any 
     additional number of acres of real property located within 
     the boundaries of the original 1857 reservation of the 
     Confederated Tribes of the Grand Ronde Community of Oregon 
     established by Executive Order dated June 30, 1857, comprised 
     of land within the political boundaries of Polk and Yamhill 
     Counties, Oregon, if that real property is conveyed or 
     otherwise transferred to the United States by or on behalf of 
     the Tribe.
       ``(B) Treatment of trust land.--
       ``(i) In general.--Applications to take land into trust 
     within the boundaries of the original 1857 reservation shall 
     be treated by the Secretary as an on-reservation trust 
     acquisition.
       ``(ii) Gaming.--Any real property taken into trust under 
     this paragraph shall not be eligible, or used, for any Class 
     II or Class III gaming activity carried out under the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.), except for 
     real property within 2 miles of the gaming facility in 
     existence on the date of enactment of this paragraph that is 
     located on State Highway 18 in the Grand Ronde community of 
     Oregon.
       ``(C) Reservation.--All real property taken into trust 
     within those boundaries at any time after September 9, 1988, 
     shall be part of the reservation of the Tribe.''; and
       (2) in subsection (c)--
       (A) in the matter preceding the table, by striking ``in 
     subsection (a) are approximately 10,311.60'' and inserting 
     ``in subsection (a)(1) are approximately 11,349.92''; and
       (B) in the table--
       (i) by striking the following:


``6         7           8          Tax lot 800                   5.55'';
 


       and inserting the following:


``6         7           7, 8, 17,  Former tax lot 800,           5.55'';
                         18         located within the
                                    SE \1/4\ SE \1/4\ of
                                    Section 7; SW \1/4\
                                    SW \1/4\ of Section
                                    8; NW \1/4\ NW \1/4\
                                    of Section 17; and
                                    NE \1/4\ NE \1/4\ of
                                    Section 18
 


       (ii) in the acres column of the last item added by section 
     2(a)(1) of Public Law 103-445 (108 Stat. 4566), by striking 
     ``240'' and inserting ``241.06''; and
       (iii) by striking all text after


``6         7           18         E \1/2\ NE \1/4\             43.42'';
 


       and inserting the following:


``6                  8   1           W \1/2\ SE \1/4\ SE            20.6
                                     \1/4\
6                    8   1          N \1/2\ SW \1/4\ SE            19.99
                                     \1/4\
6                    8   1          SE \1/4\ NE \1/4\               9.99
6                    8   1          NE \1/4\ SW \1/4\              10.46
6                    8   1          NE \1/4\ SW \1/4\,             12.99
                                     NW \1/4\ SW \1/4\
6                    7   6          SW \1/4\ NW \1/4\              37.39
6                    7   5          SE \1/4\ SW \1/4\              24.87
6                    7   5, 8       SW \1/4\ SE \1/4\ of           109.9
                                     Section 5; and NE
                                     \1/4\ NE \1/4\, NW
                                     \1/4\ NE \1/4\, NE
                                     \1/4\ NW \1/4\ of
                                     Section 8
6                    8   1           NW \1/4\ SE \1/4\             31.32
6                    8   1           NE \1/4\ SW \1/4\              8.89
6                    8   1          SW \1/4\ NE \1/4\,              78.4
                                     NW \1/4\ NE \1/4\
6                    7   8, 17      SW \1/4\ SW \1/4\ of           14.33
                                     Section 8; and NE
                                     \1/4\ NW \1/4\, NW
                                     \1/4\ NW \1/4\ of
                                     Section 17
6                    7   17         NW \1/4\ NW \1/4\               6.68
6                    8   12         SW \1/4\ NE \1/4\               8.19
6                    8   1          SE \1/4\ SW \1/4\                2.0
6                    8   1          SW \1/4\ SW \1/4\               5.05
6                    8   12         SE \1/4\, SW \1/4\             54.64

[[Page 3870]]

 
6                    7   17, 18     SW \1/4\, NW \1/4\            136.83
                                     of Section 17; and
                                     SE \1/4\, NE \1/4\
                                     of Section 18
6                    8   1          SW \1/4\ SE \1/4\              20.08
6                    7   5          NE \1/4\ SE \1/4\,             97.38
                                     SE \1/4\ SE \1/4\,
                                     E \1/2\ SE \1/4\ SW
                                     \1/4\
4                    7   31         SE \1/4\                      159.60
6                    7   17         NW \1/4\ NW \1/4\               3.14
6                    8   12         NW \1/4\ SE \1/4\               1.10
6                    7   8          SW \1/4\ SW \1/4\               0.92
6                    8   12         NE \1/4\ NW \1/4\               1.99
6                    7   7          NW \1/4\ NW \1/4\ of
                                     Section 7; and
6                    8   12         S \1/2\ NE \1/4\, E            86.48
                                     \1/2\ NE \1/4\ NE
                                     \1/4\ of Section 12
6                    8   12         NE \1/4\ NW \1/4\               1.56
6                    7   6          W \1/2\ SW \1/4\ SW
                                     \1/4\ of Section 6;
                                     and
6                    8   1          E \1/2\ SE \1/4\ SE            35.82
                                     \1/4\ of Section 1
6                    7   5          E \1/2\ NW \1/4\ SE            19.88
                                     \1/4\
6                    8   12         NW \1/4\ NE \1/4\               0.29
6                    8   1          SE \1/4\ SW \1/4\                2.5
6                    7   8          NE \1/4\ NW \1/4\               7.16
6                    8   1          SE \1/4\ SW \1/4\                5.5
6                    8   1          SE \1/4\ NW \1/4\               1.34
                         .........      Total               11,349.92''.
 


                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Leahy):
  S. 821. A bill to establish requirements with respect to bisphenol A; 
to the Committee on Health, Education, Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, I remain concerned about the high 
levels of exposure Americans have to Bisphenol-A, BPA, an endocrine-
disrupting chemical. BPA is a synthetic estrogen, which means that it 
mimics this hormone when in the body. Scientific studies continue to 
show cause for concern, especially for the health effects on babies, 
children, and expectant mothers. While these studies continue to 
examine the exact effects that BPA has on humans, consumers deserve 
more information.
  BPA is most commonly found in food products, such as the lining of 
canned goods like string beans, but consumers have no clear way of 
knowing this. The BPA in Food Packaging Right to Know Act is a simple 
solution to fix this problem. This legislation requires that food 
packaging that uses BPA include a clear label that reads, ``This food 
packaging contains BPA, an endocrine-disrupting chemical, according to 
the National Institutes of Health.'' This is basic information that 
consumers have the right to know so they can make informed decisions 
about the products they wish to purchase.
  This legislation also directs the Department of Health and Human 
Services to do a safety assessment of food containers that use BPA to 
determine if there is reasonable certainty that no harm will come from 
exposure, including from low doses over the long term. This safety 
standard would also apply to the evaluation of alternatives to BPA to 
ensure that replacement chemicals are not simply causing the same harm 
by a different name. The legislation calls specific attention to the 
effects of exposure on vulnerable populations, such as infants, 
children, pregnant women, and workers who are exposed through 
production practices or handling of final products.
  I am particularly concerned about the negative health effects to 
children who are exposed to chemicals both while they are developing in 
the womb and in the first few years of their lives. Children are 
particularly susceptible to toxins while their bodies are developing at 
such a rapid pace.
  According to Dr. Heather Patisaul, a biologist at North Carolina 
State University, when pregnant women are exposed to BPA and other 
endocrine-disrupting chemicals, three generations are impacted: the 
mother, the fetus, and the reproductive cells in the fetus. She cites 
that nearly 100 studies have shown an association between BPA exposure 
and negative health effects in humans. These include reproductive 
disorders, behavioral problems in children, and heart disease. In 
addition, there are over 1200 published animal studies on effects of 
BPA that show potential links to cancer, tumors, and brain development 
disorders.
  A recent study published in Hypertension, a journal by the American 
Heart Association, found that individuals who drank beverages from 
containers made with BPA had an acute increase in their blood pressure, 
compared with individuals who drank the same beverage from containers 
that did not use BPA. This shows the potential for an increased risk 
for heart disease.
  Another recent study, published in Endocrinology, a journal by the 
Endocrine Society, shows a link between fetal exposure to BPA and 
increased oxidative stress--an imbalance in the body's ability to 
protect against and repair cell damage.
  According to the Centers for Disease Control and Prevention, 93 
percent of Americans have BPA in their bodies. As a society we are 
constantly exposed to low doses of this chemical over a long timeframe. 
Consumers deserve the opportunity to have more control over their own 
exposure and at the least should be provided information about if BPA 
is in the food products that they purchase.
  I urge my colleagues to join me in supporting the BPA in Food 
Packaging Right to Know Act and stand up for the rights of consumers to 
have this basic information.
                                 ______
                                 
      By Mr. WYDEN (for himself, Mr. Risch, Mr. Merkley, Ms. Murkowski, 
        and Mr. Crapo):
  S. 822. A bill to expand geothermal production, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, today I am proud to introduce the 
Geothermal Production Expansion Act of 2015 with my colleagues Senators 
Risch, Merkley, Murkowski, and Crapo.
  This bipartisan bill will allow for the rapid expansion of already 
identified geothermal resources without the additional delays of 
competitive leasing and without opening up those adjacent properties to 
speculative bidders who have no interest in developing the resource. At 
the same time that the bill streamlines the leasing process, it also 
protects the taxpayer by requiring that developers pay fair market 
value for the new lease, and limiting the amount of adjacent Federal 
land that can be leased to 640 acres.
  The Bureau of Land Management, which manages geothermal projects on 
federal land under lease agreements, estimates about 250 million acres 
of federal land contains geothermal power potential. Geothermal energy 
projects that are producing geothermal power under the BLM's management 
make up about half of the total geothermal generating capacity in the 
United States. This legislation takes an important step to speed the 
development of this tremendous clean energy potential on public lands, 
and I urge my colleagues to support it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 822

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page 3871]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Geothermal Production 
     Expansion Act of 2015''.

     SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR 
                   DEVELOPMENT OF GEOTHERMAL RESOURCES.

       Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
     1003(b)) is amended by adding at the end the following:
       ``(4) Adjoining land.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Fair market value per acre.--The term `fair market 
     value per acre' means a dollar amount per acre that--

       ``(I) except as provided in this clause, shall be equal to 
     the market value per acre (taking into account the 
     determination under subparagraph (B)(iii) regarding a valid 
     discovery on the adjoining land) as determined by the 
     Secretary under regulations issued under this paragraph;
       ``(II) shall be determined by the Secretary with respect to 
     a lease under this paragraph, by not later than the end of 
     the 180-day period beginning on the date the Secretary 
     receives an application for the lease; and
       ``(III) shall be not less than the greater of--

       ``(aa) 4 times the median amount paid per acre for all land 
     leased under this Act during the preceding year; or
       ``(bb) $50.
       ``(ii) Industry standards.--The term `industry standards' 
     means the standards by which a qualified geothermal 
     professional assesses whether downhole or flowing temperature 
     measurements with indications of permeability are sufficient 
     to produce energy from geothermal resources, as determined 
     through flow or injection testing or measurement of lost 
     circulation while drilling.
       ``(iii) Qualified federal land.--The term `qualified 
     Federal land' means land that is otherwise available for 
     leasing under this Act.
       ``(iv) Qualified geothermal professional.--The term 
     `qualified geothermal professional' means an individual who 
     is an engineer or geoscientist in good professional standing 
     with at least 5 years of experience in geothermal 
     exploration, development, or project assessment.
       ``(v) Qualified lessee.--The term `qualified lessee' means 
     a person that may hold a geothermal lease under this Act 
     (including applicable regulations).
       ``(vi) Valid discovery.--The term `valid discovery' means a 
     discovery of a geothermal resource by a new or existing slim 
     hole or production well, that exhibits downhole or flowing 
     temperature measurements with indications of permeability 
     that are sufficient to meet industry standards.
       ``(B) Authority.--An area of qualified Federal land that 
     adjoins other land for which a qualified lessee holds a legal 
     right to develop geothermal resources may be available for a 
     noncompetitive lease under this section to the qualified 
     lessee at the fair market value per acre, if--
       ``(i) the area of qualified Federal land--

       ``(I) consists of not less than 1 acre and not more than 
     640 acres; and
       ``(II) is not already leased under this Act or nominated to 
     be leased under subsection (a);

       ``(ii) the qualified lessee has not previously received a 
     noncompetitive lease under this paragraph in connection with 
     the valid discovery for which data has been submitted under 
     clause (iii)(I); and
       ``(iii) sufficient geological and other technical data 
     prepared by a qualified geothermal professional has been 
     submitted by the qualified lessee to the applicable Federal 
     land management agency that would lead individuals who are 
     experienced in the subject matter to believe that--

       ``(I) there is a valid discovery of geothermal resources on 
     the land for which the qualified lessee holds the legal right 
     to develop geothermal resources; and
       ``(II) that thermal feature extends into the adjoining 
     areas.

       ``(C) Determination of fair market value.--
       ``(i) In general.--The Secretary shall--

       ``(I) publish a notice of any request to lease land under 
     this paragraph;
       ``(II) determine fair market value for purposes of this 
     paragraph in accordance with procedures for making those 
     determinations that are established by regulations issued by 
     the Secretary;
       ``(III) provide to a qualified lessee and publish, with an 
     opportunity for public comment for a period of 30 days, any 
     proposed determination under this subparagraph of the fair 
     market value of an area that the qualified lessee seeks to 
     lease under this paragraph; and
       ``(IV) provide to the qualified lessee and any adversely 
     affected party the opportunity to appeal the final 
     determination of fair market value in an administrative 
     proceeding before the applicable Federal land management 
     agency, in accordance with applicable law (including 
     regulations).

       ``(ii) Limitation on nomination.--After publication of a 
     notice of request to lease land under this paragraph, the 
     Secretary may not accept under subsection (a) any nomination 
     of the land for leasing unless the request has been denied or 
     withdrawn.
       ``(iii) Annual rental.--For purposes of section 5(a)(3), a 
     lease awarded under this paragraph shall be considered a 
     lease awarded in a competitive lease sale.
       ``(D) Regulations.--Not later than 270 days after the date 
     of enactment of the Geothermal Production Expansion Act of 
     2015, the Secretary shall issue regulations to carry out this 
     paragraph.''.
                                 ______
                                 
      By Mr. DAINES:
  S. 826. A bill to amend title 5, United States Code, to sunset rules 
after 10 years unless agencies undergo notice and comment rulemaking, 
and for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. DAINES. Mr. President, when I travel across the State of Montana, 
from Alzada to Whitefish, I meet many different people and small 
businesses. Although the diversity of thought in Montana is self-
evident to anyone who has spent time there, everyone agrees on one 
thing. Regulation dictated by bureaucrats in Washington, D.C. is 
stifling entrepreneurial creativity, pushing opportunities overseas, 
and killing jobs.
  While many burdensome regulations are new, through adoption of laws 
such as the Dodd-Frank Wall Street Reform Act and the Affordable Care 
Act, still many more have been on the books for years without review. 
In an evolving and dynamic economy, regulators should, at the very 
least, review their regulations on a periodic basis, allow for public 
input, and eliminate any rules that are either obsolete or unnecessary.
  Oftentimes, regulation has unintended consequences on Montana's small 
businesses. In discussions about the harmful impacts of regulations 
with Montanans, Vicki Bertelsen, who is the President of K&K Trucking 
in Great Falls, said, ``Burdensome reporting requirements eat up too 
many business hours every month. I would rather be growing my business 
than sending redundant [and] antiquated paperwork to the government.''
  With nearly 175,000 pages in the Code of Federal Regulations, it is 
easy to understand how regulations are keeping people from getting back 
to work.
  That is why today I am introducing the Regulatory Examination Vital 
for Improving and Evaluating Working Solutions, REVIEWS, Act. While 
this bill recognizes that many regulations serve a noble purpose in 
protecting consumers and natural resources, it also seeks to address a 
structural deficiency in government agencies which allow obsolete and 
unnecessary regulations to remain in the Code of Federal Regulations. 
Because agencies operate on limited resources, they focus their efforts 
on drafting new regulatory rules, rather than monitoring the rules that 
already exist. While most agency employees are well-intentioned, this 
structural deficiency places a greater emphasis on creating rules, 
rather than monitoring the application and effectiveness of existing 
rules, only to the detriment of Americans.
  The REVIEWS Act will require agencies to periodically review each 
regulation every ten years using the Notice and Comment process. This 
requirement will ensure that obsolete regulations are recognized and 
eliminated and that regulatory cost considerations are properly 
evaluated. If a rule is not reviewed at least every 10 years, it cannot 
be enforced in court. This requirement will provide public 
accountability and force regulators to periodically examine existing 
rules.
  It is my hope that this common sense bill will ultimately reduce the 
regulatory burden on Americans and allow them to freely pursue their 
ends, independently of government intervention.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 826

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Regulatory Examination Vital 
     for Improving and Evaluating Working Solutions Act of 2015'' 
     or the ``REVIEWS Act''.

     SEC. 2. DEFINITIONS.

       In this Act, the terms ``agency'' and ``rule'' have the 
     meanings given those terms in section 551 of title 5, United 
     States Code.

[[Page 3872]]



     SEC. 3. REGULATORY SUNSET.

       (a) In General.--Section 553 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(f) Effective Date of Rules.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     rule required to be promulgated in accordance with this 
     section shall cease to be effective on the date that is 10 
     years after the date on which the agency promulgates the 
     rule.
       ``(2) Exception.--The effective period of a rule described 
     in paragraph (1) may be extended for additional periods of 
     not more than 10 years if, before the date on which the rule 
     ceases to be effective, the agency that promulgated the rule 
     complies with the procedures under this section as if the 
     rule were a new rule to be issued by the agency.''.
       (b) Effective Date.--The amendment made under subsection 
     (a) shall apply to a rule promulgated by an agency after the 
     date of enactment of this Act.

     SEC. 4. ENFORCEMENT OF RULES.

       (a) Actions Reviewable.--Section 704 of title 5, United 
     States Code, is amended--
       (1) by striking ``Agency action'' and inserting the 
     following:
       ``(a) In General.--Agency action''; and
       (2) by adding at the end the following:
       ``(b) Clarification of Final Agency Action.--For purposes 
     of this section, the term `final agency action' includes 
     interpretative rules, general statements of policy, and rules 
     of agency organization, procedure, or practice issued by an 
     agency.''.
       (b) Review in Court of Appeals.--Section 2342 of title 28, 
     United States Code, is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) all rules of an agency (as defined under section 551 
     of title 5) that--
       ``(A) ceased to be effective under section 553(f) of such 
     title; and
       ``(B) the agency continues to enforce.''.

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