[Congressional Record (Bound Edition), Volume 162 (2016), Part 4]
[Senate]
[Pages 5023-5025]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3869. Mr. McCAIN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed to amendment SA 3801 proposed by Mr. 
Alexander (for himself and Mrs. Feinstein) to the bill H.R. 2028, 
making appropriations

[[Page 5024]]

for energy and water development and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; as follows:

       At the end of title II, add the following:
       Sec. 2__. (a) The Secretary of the Interior, in 
     coordination with the Secretary of the Army and the Secretary 
     of Agriculture, may enter into an agreement with the National 
     Academy of Sciences under which the National Academy of 
     Sciences shall conduct a comprehensive study, to be completed 
     not later than 1 year after the date of enactment of this 
     Act, on the effectiveness and environmental impact of salt 
     cedar control efforts (including biological control) in 
     increasing water supplies, restoring riparian habitat, and 
     improving flood management.
       (b) Not later than 1 year after the date of completion of 
     the study under subsection (a), the Secretary of the 
     Interior, in coordination with the Secretary of Agriculture, 
     shall prepare a plan for the removal of salt cedar from all 
     Federal land in the Lower Colorado River basin based on the 
     findings and recommendations of the study conducted by the 
     National Academy of Sciences that includes--
       (1) provisions for revegetating Federal land with native 
     vegetation;
       (2) provisions for adapting to the increasing presence of 
     biological control in the Lower Colorado River basin;
       (3) provisions for removing salt cedar from Federal land 
     during post-wildfire recovery activities;
       (4) strategies for developing partnerships with State, 
     tribal, and local governmental entities in the eradication of 
     salt cedar; and
       (5) budget estimates and completion timelines for the 
     implementation of plan elements.
                                 ______
                                 
  SA 3870. Mr. CARPER (for himself and Mr. Coons) submitted an 
amendment intended to be proposed to amendment SA 3801 proposed by Mr. 
Alexander (for himself and Mrs. Feinstein) to the bill H.R. 2028, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2016, and for other 
purposes; as follows:

       On page 3, line 21, before the period at the end, insert 
     the following: ``: Provided, That funds made available under 
     this heading for shore protection may be prioritized for 
     projects in areas that have suffered severe beach erosion 
     requiring additional sand placement outside of the normal 
     beach renourishment cycle or in which the normal beach 
     renourishment cycle has been delayed''.
                                 ______
                                 
  SA 3871. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to the bill H.R. 2028, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTION OF FISH AND WILDLIFE.

       (a) In General.--None of the funds made available by this 
     Act shall be available to carry out project or project 
     operation studies unless the Secretary of the Army ensures 
     evaluation of and mitigation for impacts to fish and wildlife 
     resources consistent with recommendations developed by the 
     Director of the United States Fish and Wildlife Service, the 
     Secretary of the Interior, and the States pursuant to section 
     2 of the Fish and Wildlife Coordination Act (16 U.S.C. 662), 
     including recommendations to properly evaluate impacts and 
     avoid adverse impacts to fish and wildlife resources.
       (b) Requirements.--
       (1) In general.--In carrying out subsection (a), the 
     Secretary of the Army shall not select a recommended 
     alternative for a water resources project if the Director of 
     the United States Fish and Wildlife Service concludes that 
     the impacts of that alternative cannot be successfully 
     mitigated.
       (2) Mitigation.--The mitigation requirements under this 
     section shall be in addition to any other mitigation measures 
     required under section 906 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2283) and any other applicable Federal 
     or State law (including regulations).
                                 ______
                                 
  SA 3872. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to the bill H.R. 2028, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the general provisions of title I, add the 
     following:
       Sec. 1__.  The Secretary of the Army shall conduct a review 
     that--
       (1) examines the actions and decisions of the Administrator 
     of the Environmental Protection Agency (referred to in this 
     section as the ``Administrator'') relating to the excavation 
     at Gold King Mine on August 5, 2015; and
       (2) determines whether the Administrator likely violated 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.) by discharging contaminated mine water without a 
     permit.
                                 ______
                                 
  SA 3873. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) to the bill H.R. 2028, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended--
       (1) to purchase heavy water produced in Iran; or
       (2) to issue a license for the purchase of heavy water 
     produced in Iran.
                                 ______
                                 
  SA 3874. Mr. McCONNELL (for Mr. Schatz) proposed an amendment to the 
bill S. 1579, to enhance and integrate Native American tourism, empower 
Native American communities, increase coordination and collaboration 
between Federal tourism assets, and expand heritage and cultural 
tourism opportunities in the United States; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Tourism and 
     Improving Visitor Experience Act'' or the ``NATIVE Act''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to enhance and integrate Native American tourism--
       (A) to empower Native American communities; and
       (B) to advance the National Travel and Tourism Strategy;
       (2) to increase coordination and collaboration between 
     Federal tourism assets to support Native American tourism and 
     bolster recreational travel and tourism;
       (3) to expand heritage and cultural tourism opportunities 
     in the United States to spur economic development, create 
     jobs, and increase tourism revenues;
       (4) to enhance and improve self-determination and self-
     governance capabilities in the Native American community and 
     to promote greater self-sufficiency;
       (5) to encourage Indian tribes, tribal organizations, and 
     Native Hawaiian organizations to engage more fully in Native 
     American tourism activities to increase visitation to rural 
     and remote areas in the United States that are too difficult 
     to access or are unknown to domestic travelers and 
     international tourists;
       (6) to provide grants, loans, and technical assistance to 
     Indian tribes, tribal organizations, and Native Hawaiian 
     organizations that will--
       (A) spur important infrastructure development;
       (B) increase tourism capacity; and
       (C) elevate living standards in Native American 
     communities; and
       (7) to support the development of technologically 
     innovative projects that will incorporate recreational travel 
     and tourism information and data from Federal assets to 
     improve the visitor experience.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (3) Native hawaiian organization.--The term ``Native 
     Hawaiian organization'' means a nonprofit organization--
       (A) that serves the interests of Native Hawaiians;
       (B) in which Native Hawaiians serve in substantive and 
     policymaking positions; and
       (C) that is recognized for having expertise in Native 
     Hawaiian culture and heritage, including tourism.
       (4) Tribal organization.--The term ``tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).

     SEC. 4. INTEGRATING FEDERAL TOURISM ASSETS TO STRENGTHEN 
                   NATIVE TOURISM OPPORTUNITIES.

       (a) Secretary of Commerce and Secretary of the Interior.--
     The Secretary of Commerce and the Secretary of the Interior 
     shall update the respective management plans and tourism 
     initiatives of the Department of Commerce and the Department 
     of the Interior to include Indian tribes, tribal 
     organizations, and Native Hawaiian organizations.

[[Page 5025]]

       (b) Other Agencies.--The head of each agency that has 
     recreational travel or tourism functions or complementary 
     programs shall update the respective management plans and 
     tourism strategies of the agency to include Indian tribes, 
     tribal organizations, and Native Hawaiian organizations.
       (c) Native American Tourism Plans.--
       (1) In general.--The plans shall outline policy proposals--
       (A) to improve travel and tourism data collection and 
     analysis;
       (B) to increase the integration, alignment, and utility of 
     public records, publications, and Web sites maintained by 
     Federal agencies;
       (C) to create a better user experience for domestic 
     travelers and international visitors;
       (D) to align Federal agency Web sites and publications;
       (E) to support national tourism goals;
       (F) to identify agency programs that could be used to 
     support tourism capacity building and help sustain tourism 
     infrastructure in Native American communities;
       (G) to develop innovative visitor portals for parks, 
     landmarks, heritage and cultural sites, and assets that 
     showcase and respect the diversity of the indigenous peoples 
     of the United States;
       (H) to share local Native American heritage through the 
     development of bilingual interpretive and directional signage 
     that could include or incorporate English and the local 
     Native American language or languages; and
       (I) to improve access to transportation programs related to 
     Native American community capacity building for tourism and 
     trade, including transportation planning for programs related 
     to visitor enhancement and safety.
       (2) Consultation with indian tribes and native americans.--
     In developing the plan under paragraph (1), the head of each 
     agency shall consult with Indian tribes and the Native 
     American community to identify appropriate levels of 
     inclusion of the Indian tribes and Native Americans in 
     Federal tourism activities, public records and publications, 
     including Native American tourism information available on 
     Web sites.
       (d) Technical Assistance.--
       (1) In general.--The Secretary of the Interior, in 
     consultation with the Secretary of Commerce, shall enter into 
     a memorandum of understanding or cooperative agreement with 
     an entity or organization with a demonstrated record in 
     tribal communities of defining, introducing, developing, and 
     sustaining American Indian, Alaska Native, and Native 
     Hawaiian tourism and related activities in a manner that 
     respects and honors native traditions and values.
       (2) Coordination.--The memorandum of understanding or 
     cooperative agreement described in paragraph (1) shall 
     formalize a role for the organization or entity to serve as a 
     facilitator between the Secretary of the Interior and the 
     Secretary of Commerce and the Indian tribes, tribal 
     organizations, and Native Hawaiian organizations--
       (A) to identify areas where technical assistance is needed 
     through consultations with Indian tribes, tribal 
     organizations, and Native Hawaiian organizations to empower 
     the Indian tribes, tribal organizations, and Native Hawaiian 
     organizations to participate fully in the tourism industry; 
     and
       (B) to provide a means for the delivery of technical 
     assistance and coordinate the delivery of the assistance to 
     Indian tribes, tribal organizations, and Native Hawaiian 
     organizations in collaboration with the Secretary of the 
     Interior, the Secretary of Commerce, and other entities with 
     distinctive experience, as appropriate.
       (3) Funding.--Subject to the availability of 
     appropriations, the head of each Federal agency, including 
     the Secretary of the Interior, the Secretary of Commerce, the 
     Secretary of Transportation, the Secretary of Agriculture, 
     the Secretary of Health and Human Services, and the Secretary 
     of Labor shall obligate any funds made available to the head 
     of the agency to cover any administrative expenses incurred 
     by the organization or entity described in paragraph (1) in 
     carrying out programs or activities of the agency.
       (4) Metrics.--The Secretary of the Interior and the 
     Secretary of Commerce shall coordinate with the organization 
     or entity described in paragraph (1) to develop metrics to 
     measure the effectiveness of the entity or organization in 
     strengthening tourism opportunities for Indian tribes, tribal 
     organizations, and Native Hawaiian organizations.
       (e) Reports.--Not later than 1 year after the date of 
     enactment of this Act, and occasionally thereafter, the 
     Secretary of the Interior and the Secretary of Commerce shall 
     each submit to the Committee on Indian Affairs of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives a report that describes--
       (1) the manner in which the Secretary of the Interior or 
     the Secretary of Commerce, as applicable, is including Indian 
     tribes, tribal organizations, and Native Hawaiian 
     organizations in management plans;
       (2) the efforts of the Secretary of the Interior or the 
     Secretary of Commerce, as applicable, to develop departmental 
     and agency tourism plans to support tourism programs of 
     Indian tribes, tribal organizations, and Native Hawaiian 
     organizations;
       (3) the manner in which the entity or organization 
     described in subsection (d)(1) is working to promote tourism 
     to empower Indian tribes, tribal organizations, and Native 
     Hawaiian organizations to participate fully in the tourism 
     industry; and
       (4) the effectiveness of the entity or organization 
     described in subsection (d)(1) based on the metrics developed 
     under subsection (d)(4).

     SEC. 5. NATIVE AMERICAN TOURISM AND BRANDING ENHANCEMENT.

       (a) In General.--The head of each agency shall--
       (1) take actions that help empower Indian tribes, tribal 
     organizations, and Native Hawaiian organizations to showcase 
     the heritage, foods, traditions, history, and continuing 
     vitality of Native American communities;
       (2) support the efforts of Indian tribes, tribal 
     organizations, and Native Hawaiian organizations--
       (A) to identify and enhance or maintain traditions and 
     cultural features that are important to sustain the 
     distinctiveness of the local Native American community; and
       (B) to provide visitor experiences that are authentic and 
     respectful;
       (3) provide assistance to interpret the connections between 
     the indigenous peoples of the United States and the national 
     identity of the United States;
       (4) enhance efforts to promote understanding and respect 
     for diverse cultures and subcultures in the United States and 
     the relevance of those cultures to the national brand of the 
     United States; and
       (5) enter into appropriate memoranda of understanding and 
     establish public-private partnerships to ensure that arriving 
     domestic travelers at airports and arriving international 
     visitors at ports of entry are welcomed in a manner that both 
     showcases and respects the diversity of Native American 
     communities.
       (b) Grants.--To the extent practicable, grant programs 
     relating to travel, recreation, or tourism administered by 
     the Commissioner of the Administration for Native Americans, 
     Chairman of the National Endowment for the Arts, Chairman of 
     the National Endowment for the Humanities, or the head of an 
     agency with assets or resources relating to travel, 
     recreation, or tourism promotion or branding enhancement for 
     which Indian tribes, tribal organizations, or Native Hawaiian 
     organizations are eligible may be used--
       (1) to support the efforts of Indian tribes, tribal 
     organizations, and Native Hawaiian organizations to tell the 
     story of Native Americans as the First Peoples of the United 
     States;
       (2) to use the arts and humanities to help revitalize 
     Native communities, promote economic development, increase 
     livability, and present the uniqueness of the United States 
     to visitors in a way that celebrates the diversity of the 
     United States; and
       (3) to carry out this section.
       (c) Smithsonian.--The Advisory Council and the Board of 
     Regents of the Smithsonian Institution shall work with Indian 
     tribes, tribal organizations, Native Hawaiian organizations, 
     and nonprofit organizations to establish long-term 
     partnerships with non-Smithsonian museums and educational and 
     cultural organizations--
       (1) to share collections, exhibitions, interpretive 
     materials, and educational strategies; and
       (2) to conduct joint research and collaborative projects 
     that would support tourism efforts for Indian tribes, tribal 
     organizations, and Native Hawaiian organizations and carry 
     out the intent of this section.

     SEC. 6. EFFECT.

       Nothing in this Act alters, or demonstrates congressional 
     support for the alteration of, the legal relationship between 
     the United States and any American Indian, Alaska Native, or 
     Native Hawaiian individual, group, organization, or entity.

                          ____________________