[Congressional Record (Bound Edition), Volume 162 (2016), Part 4]
[Senate]
[Pages 4585-4632]
[From the U.S. 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.
       (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.

[[Page 4586]]




                           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.
       (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.

[[Page 4587]]

       (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:

     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,

[[Page 4588]]

     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 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.

[[Page 4589]]

       ``(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;
       (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.

[[Page 4590]]




                           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:

     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

[[Page 4591]]

     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--
       ``(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.

[[Page 4592]]

       ``(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.
       ``(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

[[Page 4593]]

     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.
       ``(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-

[[Page 4594]]

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 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.

[[Page 4595]]

  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, 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-

[[Page 4596]]

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 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

[[Page 4597]]

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.
  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.

[[Page 4598]]

  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:

                                                 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

[[Page 4599]]

     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

[[Page 4600]]

     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

[[Page 4601]]

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.
  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.

[[Page 4602]]

  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 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

[[Page 4603]]

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 
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

[[Page 4604]]

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:

     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

[[Page 4605]]

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 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 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

[[Page 4606]]

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.
  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

[[Page 4607]]

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 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

[[Page 4608]]

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

[[Page 4609]]

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

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

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

     SEC. 6006. COOPER SPUR LAND EXCHANGE CLARIFICATION 
                   AMENDMENTS.

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

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

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

[[Page 4610]]

     an eligible organization or individual conducting a good 
     Samaritan search-and-recovery mission under this section, and 
     the conduct of the good Samaritan search-and-recovery mission 
     shall not constitute civilian employment.
       (c) Release of Federal Government From Liability.--The 
     Secretary shall not require an eligible organization or 
     individual to have liability insurance as a condition of 
     accessing Federal land under this section, if the eligible 
     organization or individual--
       (1) acknowledges and consents, in writing, to the 
     provisions described in subparagraphs (A) through (D) of 
     subsection (b)(2); and
       (2) signs a waiver releasing the Federal Government from 
     all liability relating to the access granted under this 
     section and agrees to indemnify and hold harmless the United 
     States from any claims or lawsuits arising from any conduct 
     by the eligible organization or individual on Federal land.
       (d) Approval and Denial of Requests.--
       (1) In general.--The Secretary shall notify an eligible 
     organization or individual of the approval or denial of a 
     request by the eligible organization or individual to carry 
     out a good Samaritan search-and-recovery mission under this 
     section by not later than 48 hours after the request is made.
       (2) Denials.--If the Secretary denies a request from an 
     eligible organization or individual to carry out a good 
     Samaritan search-and-recovery mission under this section, the 
     Secretary shall notify the eligible organization or 
     individual of--
       (A) the reason for the denial of the request; and
       (B) any actions that the eligible organization or 
     individual can take to meet the requirements for the request 
     to be approved.
       (e) Partnerships.--Each Secretary shall develop search-and-
     recovery-focused partnerships with search-and-recovery 
     organizations--
       (1) to coordinate good Samaritan search-and-recovery 
     missions on Federal land under the administrative 
     jurisdiction of the Secretary; and
       (2) to expedite and accelerate good Samaritan search-and-
     recovery mission efforts for missing individuals on Federal 
     land under the administrative jurisdiction of the Secretary.
       (f) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretaries shall submit to 
     Congress a joint report describing--
       (1) plans to develop partnerships described in subsection 
     (e)(1); and
       (2) efforts carried out to expedite and accelerate good 
     Samaritan search-and-recovery mission efforts for missing 
     individuals on Federal land under the administrative 
     jurisdiction of each Secretary pursuant to subsection (e)(2).

     SEC. 6008. BLACK HILLS NATIONAL CEMETERY BOUNDARY 
                   MODIFICATION.

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

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

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

[[Page 4611]]

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

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

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

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

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

[[Page 4612]]

     the following: ``No land or interest in land outside of the 
     exterior boundary of any Federally administered area may be 
     acquired by the Federal Government for the trail by 
     condemnation.''.

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

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

     SEC. 6108. ADVISORY COUNCIL ON HISTORIC PRESERVATION.

       Section 304101(a) of title 54, United States Code, is 
     amended--
       (1) by redesignating paragraphs (8), (9), (10), and (11) as 
     paragraphs (9), (10), (11), and (12), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) The General Chairman of the National Association of 
     Tribal Historic Preservation Officers.''.

     SEC. 6109. ESTABLISHMENT OF A VISITOR SERVICES FACILITY ON 
                   THE ARLINGTON RIDGE TRACT.

       (a) Definition of Arlington Ridge Tract.--In this section, 
     the term ``Arlington Ridge tract'' means the parcel of 
     Federal land located in Arlington County, Virginia, known as 
     the ``Nevius Tract'' and transferred to the Department of the 
     Interior in 1953, that is bounded generally by--
       (1) Arlington Boulevard (United States Route 50) to the 
     north;
       (2) Jefferson Davis Highway (Virginia Route 110) to the 
     east;
       (3) Marshall Drive to the south; and
       (4) North Meade Street to the west.
       (b) Establishment of Visitor Services Facility.--
     Notwithstanding section 2863(g) of the Military Construction 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     115 Stat. 1332), the Secretary of the Interior may construct 
     a structure for visitor services to include a public restroom 
     facility on the Arlington Ridge tract in the area of the 
     United States Marine Corps War Memorial.

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

                        PART I--NATIONAL POLICY

     SEC. 6201. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.

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

              PART II--SPORTSMEN'S ACCESS TO FEDERAL LAND

     SEC. 6211. DEFINITIONS.

       In this part:
       (1) Federal land.--The term ``Federal land'' means--
       (A) any land in the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))) that is 
     administered by the Secretary of Agriculture, acting through 
     the Chief of the Forest Service; and
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the 
     surface of which is administered by the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture, with respect to land 
     described in paragraph (1)(A); and
       (B) the Secretary of the Interior, with respect to land 
     described in paragraph (1)(B).

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

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

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

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

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

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

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

[[Page 4613]]

       (1) less than 14 days in duration; and
       (2) covered by a special use permit.

     SEC. 6214. SHOOTING RANGES.

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

     SEC. 6215. FEDERAL ACTION TRANSPARENCY.

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

[[Page 4614]]

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

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

     SEC. 6231. BOWS IN PARKS.

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

     ``Sec. 104909. Bows in parks

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

``104909. Bows in parks.''.

     SEC. 6232. WILDLIFE MANAGEMENT IN PARKS.

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

     ``SEC. 104910. WILDLIFE MANAGEMENT IN PARKS.

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

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

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

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

[[Page 4615]]

     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'';
       (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''.

[[Page 4616]]

       (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--

       (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

[[Page 4617]]

       (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 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

[[Page 4618]]

       (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 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

[[Page 4619]]

       (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 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

[[Page 4620]]

     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--
       (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.

[[Page 4621]]



     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.''.

     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

[[Page 4622]]

       (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'';
       (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

[[Page 4623]]

       (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 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

[[Page 4624]]

     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
       ``(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

[[Page 4625]]

     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 Klamath 
     River tribal fishery resources, particularly through 
     collaboratively developed agreements.

[[Page 4626]]

       ``(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;

[[Page 4627]]

       (4) an adjustment of operational flood control rule curves 
     to optimize water supply storage and reliability, hydropower 
     production, environmental benefits for flows and temperature, 
     and other authorized project benefits, without a reduction in 
     flood safety; and
       (5) proactive management in response to changes in 
     forecasts.
       (g) Funding.--The Secretary may accept and expend amounts 
     from non-Federal entities and other Federal agencies to fund 
     all or a portion of the cost of carrying out a review or 
     revision of operational documents, including water control 
     plans, water control manuals, water control diagrams, release 
     schedules, rule curves, operational agreements with non-
     Federal entities, and any associated environmental 
     documentation for--
       (1) a Corps of Engineers project;
       (2) a non-Federal project regulated for flood control by 
     the Secretary; or
       (3) a Bureau of Reclamation transferred works regulated for 
     flood control by the Secretary.
       (h) Effect.--
       (1) Manual revisions.--A revision of a manual shall not 
     interfere with the authorized purposes of a Federal project 
     or the existing purposes of a non-Federal project regulated 
     for flood control by the Secretary.
       (2) Effect of section.--
       (A) Nothing in this section authorizes the Secretary to 
     carry out, at a Federal dam or reservoir, any project or 
     activity for a purpose not otherwise authorized as of the 
     date of enactment of this Act.
       (B) Nothing in this section affects or modifies any 
     obligation of the Secretary under State law.
       (C) Nothing in this section affects or modifies any 
     obligation to comply with any applicable Federal law.
       (3) Bureau of reclamation reserved works excluded.--This 
     section--
       (A) shall not apply to any dam or reservoir operated by the 
     Bureau of Reclamation as a reserved work, unless all non-
     Federal project sponsors of a reserved work jointly provide 
     to the Secretary a written request for application of this 
     section to the project; and
       (B) shall apply only to Bureau of Reclamation transferred 
     works at the written request of the transferred works 
     operating entity.
       (4) Prior studies.--The Secretary shall--
       (A) to the maximum extent practicable, coordinate the 
     efforts of the Secretary in carrying out subsections (b), 
     (c), and (d) with the efforts of the Secretary in 
     completing--
       (i) the report required under section 1046(a)(2)(A) of the 
     Water Resources Reform and Development Act of 2014 (33 U.S.C. 
     2319 note; Public Law 113-121); and
       (ii) the updated report required under subsection (a)(2)(B) 
     of that section; and
       (B) if the reports are available before the date on which 
     the Secretary carries out the actions described in 
     subsections (b), (c), and (d), consider the findings of the 
     reports described in clauses (i) and (ii) of subparagraph 
     (A).
       (i) Modifications to Manuals and Curves.--Not later than 
     180 days after the date of completion of a modification to an 
     operations manual or flood control rule curve, the Secretary 
     shall submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     regarding the components of the forecast-based reservoir 
     operations plan incorporated into the change.

                     PART V--HYDROELECTRIC PROJECTS

     SEC. 6341. TERROR LAKE HYDROELECTRIC PROJECT UPPER HIDDEN 
                   BASIN DIVERSION AUTHORIZATION.

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

     SEC. 6342. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 
                   FOR THE MAHONEY LAKE HYDROELECTRIC PROJECT.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (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

[[Page 4628]]

     Commission project numbered 13287, the Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission'') may, at the request of the licensee for the 
     project, and after reasonable notice, in accordance with the 
     good faith, due diligence, and public interest requirements 
     of that section and the procedures of the Commission under 
     that section, extend the time period during which the 
     licensee is required to commence construction of the project 
     for up to 4 consecutive 2-year periods after the required 
     date of the commencement of construction described in Article 
     301 of the license.
       (b) Reinstatement of Expired License.--
       (1) In general.--If the required date of the commencement 
     of construction described in subsection (a) has expired prior 
     to the date of enactment of this Act, the Commission may 
     reinstate the license effective as of that date of 
     expiration.
       (2) Extension.--If the Commission reinstates the license 
     under paragraph (1), the first extension authorized under 
     subsection (a) shall take effect on the date of that 
     expiration.

            PART VI--PUMPED STORAGE HYDROPOWER COMPENSATION

     SEC. 6351. PUMPED STORAGE HYDROPOWER COMPENSATION.

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

  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

[[Page 4629]]

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 
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

[[Page 4630]]

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.
  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.

[[Page 4631]]

  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
     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.

[[Page 4632]]


  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
     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.

                          ____________________