Amendment Text: S.Amdt.2859 — 112th Congress (2011-2012)

Shown Here:
Amendment as Proposed (09/22/2012)

This Amendment appears on page S6648 in the following article from the Congressional Record.



[Pages S6636-S6661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2849. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3576, to provide limitations on United States 
assistance, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. LIMITATION ON FOREIGN ASSISTANCE.

       (a) Prohibition.--
       (1) In general.--Except as provided under paragraph (2), 
     beginning 60 days after the date of the enactment of this 
     Act, no amounts may be obligated or expended to provide any 
     direct United States assistance, loan guarantee, or debt 
     relief to a Government described under subsection (b).
       (2) Exception.--With respect to the Government of Pakistan, 
     the prohibition under paragraph (1) shall be effective as of 
     the date of the enactment of this Act.
       (b) Covered Governments.--The Governments referred to in 
     subsection (a) are as follows:
       (1) The Government of Libya.
       (2) The Government of Egypt.
       (3) The Government of Pakistan.
       (c) Certification.--The President may certify to Congress 
     that a Government described under subsection (b)--
       (1) is cooperating or has cooperated fully with 
     investigations into an attack, trespass, breach, or attempted 
     attack, trespass, or breach;
       (2) is facilitating or has facilitated any security 
     improvements at United States diplomatic facilities, as 
     requested by the United States Government; and
       (3) is taking or has taken sufficient steps to strengthen 
     and improve reliability of local security in order to prevent 
     any future attack, trespass, or breach.
       (d) Request To Suspend Prohibition on Foreign Assistance.--
       (1) In general.--Except as provided under paragraph (2), 
     upon submitting a certification under subsection (c) with 
     respect to a Government described under subsection (b), the 
     President may submit a request to Congress to suspend the 
     prohibition on foreign assistance to the Government.
       (2) Pakistan.--No request under paragraph (1) may be 
     submitted with respect to the Government of Pakistan until--
       (A) Dr. Shakil Afridi has been released alive from prison 
     in Pakistan;
       (B) any criminal charges brought against Dr. Afridi, 
     including treason, have been dropped; and
       (C) if necessary to ensure his freedom, Dr. Afridi has been 
     allowed to leave Pakistan alive.
       (e) Expedited Consideration of Presidential Request.--
       (1) In general.--For purposes of this subsection, the term 
     ``joint resolution'' means only a joint resolution introduced 
     in the period beginning on the date on which a request under 
     subsection (d) is received by Congress and ending 60 days 
     thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     ``That Congress approves the request submitted by the 
     President to suspend the prohibition on foreign assistance to 
     the Government of __ in effect since __, and such prohibition 
     shall have no force or effect.''(The blank spaces being 
     appropriately filled in).
       (2) Referral.--A joint resolution described in paragraph 
     (1) shall be referred to the committees in each House of 
     Congress with jurisdiction.
       (3) Submission date defined.--For purposes of this section, 
     the term ``submission date'' means the date on which a House 
     of Congress receives the request submitted under subsection 
     (d).
       (4) Discharge of senate committee.--In the Senate, if the 
     committee to which is referred a joint resolution described 
     in paragraph (1) has not reported such joint resolution (or 
     an identical joint resolution) at the end of 20 calendar days 
     after the submission date, such committee may be discharged 
     from further consideration of such joint resolution upon a 
     petition supported in writing by 30 Senators, and such joint 
     resolution shall be placed on the calendar.
       (5) Senate consideration of resolution.--
       (A) Motions.--In the Senate, when the committee to which a 
     joint resolution is referred has reported, or when a 
     committee is discharged (under paragraph (4)) from further 
     consideration of a joint resolution described in paragraph 
     (1), it is at any time thereafter in order (even though a 
     previous motion to the same effect has been disagreed to) for 
     a motion to proceed to the consideration of the joint 
     resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       (B) Debate.--In the Senate, debate on the joint resolution, 
     and on all debatable motions and appeals in connection 
     therewith, shall be limited to not more than 10 hours, which 
     shall be divided equally between those favoring and those 
     opposing the joint resolution. A motion further to limit 
     debate is in order and not debatable. An amendment to, or a 
     motion to postpone, or a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     joint resolution is not in order.
       (C) Vote on final passage.--In the Senate, immediately 
     following the conclusion of the debate on a joint resolution 
     described in paragraph (1), and a single quorum call at the 
     conclusion of the debate if requested in accordance with the 
     rules of the Senate, the vote on final passage of the joint 
     resolution shall occur.
       (D) Appeals of decisions of the chair.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate to the procedure relating to a joint 
     resolution described in paragraph (1) shall be decided 
     without debate.
       (6) Inapplicability of certain provisions.--In the Senate, 
     the procedures specified in paragraph (4) or (5) shall not 
     apply to the consideration of a joint resolution respecting a 
     request--
       (A) after the expiration of the 60 session days beginning 
     with the applicable submission date; or
       (B) if the request submitted under subsection (d) was 
     submitted during the period beginning on the date occurring--
       (i) in the case of the Senate, 60 session days, or
       (ii) in the case of the House of Representatives, 60 
     legislative days,

     before the date the Congress adjourns a session of Congress 
     through the date on which the same or succeeding Congress 
     first convenes its next session, after the expiration of the 
     60 session days beginning on the 15th session day after the 
     succeeding session of Congress first convenes.
       (7) Receipt of joint resolution from other house.--If, 
     before the passage by one House of a joint resolution of that 
     House described in paragraph (1), that House receives from 
     the other House a joint resolution described in paragraph 
     (1), then the following procedures shall apply:
       (A) The joint resolution of the other House shall not be 
     referred to a committee.
       (B) With respect to a joint resolution described in 
     paragraph (1) of the House receiving the joint resolution--
       (i) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the joint 
     resolution of the other House.
       (f) Report on Unsecured Weapons in Libya.--Not later than 
     90 days after the date of the enactment of this Act, the 
     President shall submit a report to Congress examining the 
     extent to which advanced weaponry remaining unsecured after 
     the fall of Moammar Qaddafi was used by the individuals 
     responsible for the September 11, 2012, attack on the United 
     States consulate in Benghazi, Libya.
       (g) Rule of Construction.--Nothing in this section may be 
     construed as an authorization for the use of military force.
                                 ______
                                 
  SA 2850. Ms. MURKOWSKI (for herself and Mr. Manchin) submitted an 
amendment intended to be proposed by her to the bill S. 3525, to 
protect and enhance opportunities for recreational hunting, fishing, 
and shooting, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 7, after line 21, add the following:

     SEC. 104. HERITAGE OF RECREATIONAL FISHING, HUNTING, AND 
                   RECREATIONAL SHOOTING ON FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Federal public land.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``Federal public land'' means any land or water that 
     is--
       (i) owned by the United States; and
       (ii) managed by a Federal agency (including the Department 
     of the Interior and the Forest Service) for purposes that 
     include the conservation of natural resources.
       (B) Exclusions.--The term ``Federal public land'' does not 
     include--
       (i) land or water held or managed in trust for the benefit 
     of Indians or other Native Americans;
       (ii) land managed by the Director of the National Park 
     Service or the Director of the United States Fish and 
     Wildlife Service;
       (iii) fish hatcheries; or
       (iv) conservation easements on private land.
       (2) Hunting.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``hunting'' means use of a firearm, bow, or other 
     authorized means in the lawful--
       (i) pursuit, shooting, capture, collection, trapping, or 
     killing of wildlife; or
       (ii) attempt to pursue, shoot, capture, collect, trap, or 
     kill wildlife.
       (B) Exclusion.--The term ``hunting'' does not include the 
     use of skilled volunteers to

[[Page S6637]]

     cull excess animals (as defined by other Federal law).
       (3) Recreational fishing.--The term ``recreational 
     fishing'' means--
       (A) an activity for sport or for pleasure that involves--
       (i) the lawful catching, taking, or harvesting of fish; or
       (ii) the lawful attempted catching, taking, or harvesting 
     of fish; or
       (B) any other activity for sport or pleasure that can 
     reasonably be expected to result in the lawful catching, 
     taking, or harvesting of fish.
       (4) Recreational shooting.--The term ``recreational 
     shooting'' means any form of sport, training, competition, or 
     pastime, whether formal or informal, that involves the 
     discharge of a rifle, handgun, or shotgun, or the use of a 
     bow and arrow.
       (b) Recreational Fishing, Hunting, and Recreational 
     Shooting.--
       (1) In general.--Subject to valid existing rights, and in 
     cooperation with the respective State and fish and wildlife 
     agency, a Federal public land management official shall 
     exercise the authority of the official under existing law 
     (including provisions regarding land use planning) to 
     facilitate use of and access to Federal public land for 
     recreational fishing, hunting, and recreational shooting 
     except as limited by--
       (A) any law that authorizes action or withholding action 
     for reasons of national security, public safety, or resource 
     conservation;
       (B) any other Federal law that precludes recreational 
     fishing, hunting, or recreational shooting on specific 
     Federal public land or water or units of Federal public land; 
     and
       (C) discretionary limitations on recreational fishing, 
     hunting, and recreational shooting determined to be necessary 
     and reasonable as supported by the best scientific evidence 
     and advanced through a transparent public process.
       (2) Management.--Consistent with paragraph (1), the head of 
     each Federal public land management agency shall exercise the 
     land management discretion of the head--
       (A) in a manner that supports and facilitates recreational 
     fishing, hunting, and recreational shooting opportunities;
       (B) to the extent authorized under applicable State law; 
     and
       (C) in accordance with applicable Federal law.
       (3) Planning.--
       (A) Effects of plans and activities.--
       (i) Evaluation of effects on opportunities to engage in 
     recreational fishing, hunting, or recreational shooting.--
     Federal public land planning documents (including land 
     resources management plans, resource management plans, travel 
     management plans, and energy development plans) shall include 
     a specific evaluation of the effects of the plans on 
     opportunities to engage in recreational fishing, hunting, or 
     recreational shooting.
       (ii) Other activity not considered.--

       (I) In general.--Federal public land management officials 
     shall not be required to consider the existence or 
     availability of recreational fishing, hunting, or 
     recreational shooting opportunities on private or public land 
     that is located adjacent to, or in the vicinity of, Federal 
     public land for purposes of--

       (aa) planning for or determining which units of Federal 
     public land are open for recreational fishing, hunting, or 
     recreational shooting; or
       (bb) setting the levels of use for recreational fishing, 
     hunting, or recreational shooting on Federal public land.

       (II) Enhanced opportunities.--Federal public land 
     management officials may consider the opportunities described 
     in subclause (I) if the combination of those opportunities 
     would enhance the recreational fishing, hunting, or shooting 
     opportunities available to the public.

       (B) Use of volunteers.--If hunting is prohibited by law, 
     all Federal public land planning document described in 
     subparagraph (A)(i) of an agency shall, after appropriate 
     coordination with State fish and wildlife agencies, allow the 
     participation of skilled volunteers in the culling and other 
     management of wildlife populations on Federal public land 
     unless the head of the agency demonstrates, based on the best 
     scientific data available or applicable Federal law, why 
     skilled volunteers should not be used to control 
     overpopulation of wildlife on the land that is the subject of 
     the planning document.
       (4) Bureau of land management and forest service land.--
       (A) Land open.--
       (i) In general.--Land under the jurisdiction of the Bureau 
     of Land Management or the Forest Service (including a 
     component of the National Wilderness Preservation System, 
     land designated as a wilderness study area or 
     administratively classified as wilderness eligible or 
     suitable, and primitive or semiprimitive areas, but excluding 
     land on the outer Continental Shelf) shall be open to 
     recreational fishing, hunting, and recreational shooting 
     unless the managing Federal public land agency acts to close 
     the land to such activity.
       (ii) Motorized access.--Nothing in this subparagraph 
     authorizes or requires motorized access or the use of 
     motorized vehicles for recreational fishing, hunting, or 
     recreational shooting purposes within land designated as a 
     wilderness study area or administratively classified as 
     wilderness eligible or suitable.
       (B) Closure or restriction.--Land described in subparagraph 
     (A) may be subject to closures or restrictions if determined 
     by the head of the agency to be necessary and reasonable and 
     supported by facts and evidence for purposes including 
     resource conservation, public safety, energy or mineral 
     production, energy generation or transmission infrastructure, 
     water supply facilities, protection of other permittees, 
     protection of private property rights or interests, national 
     security, or compliance with other law, as determined 
     appropriate by the Director of the Bureau of Land Management 
     or the Chief of the Forest Service, as applicable.
       (C) Shooting ranges.--
       (i) In general.--Except as provided in clause (iii), the 
     head of each Federal public land agency may use the 
     authorities of the head, in a manner consistent with this 
     section and other applicable law--

       (I) to lease or permit use of land under the jurisdiction 
     of the head for shooting ranges; and
       (II) to designate specific land under the jurisdiction of 
     the head for recreational shooting activities.

       (ii) Limitation on liability.--Any designation under clause 
     (i)(II) shall not subject the United States to any civil 
     action or claim for monetary damages for injury or loss of 
     property or personal injury or death caused by any 
     recreational shooting activity occurring at or on the 
     designated land.
       (iii) Exception.--The head of each Federal public land 
     agency shall not lease or permit use of Federal public land 
     for shooting ranges or designate land for recreational 
     shooting activities within including a component of the 
     National Wilderness Preservation System, land designated as a 
     wilderness study area or administratively classified as 
     wilderness eligible or suitable, and primitive or 
     semiprimitive areas.
       (5) Report.--Not later than October 1 of every other year, 
     beginning with the second October 1 after the date of 
     enactment of this Act, the head of each Federal public land 
     agency who has authority to manage Federal public land on 
     which recreational fishing, hunting, or recreational shooting 
     occurs 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) any Federal public land administered by the agency head 
     that was closed to recreational fishing, hunting, or 
     recreational shooting at any time during the preceding year; 
     and
       (B) the reason for the closure.
       (6) Closures or significant restrictions of 1,280 or more 
     acres.--
       (A) In general.--Other than closures established or 
     prescribed by land planning actions referred to in paragraph 
     (4)(B) or emergency closures described in subparagraph (C), a 
     permanent or temporary withdrawal, change of classification, 
     or change of management status of Federal public land or 
     water that effectively closes or significantly restricts 
     1,280 or more contiguous acres of Federal public land or 
     water to access or use for recreational fishing or hunting or 
     activities relating to fishing or hunting shall take effect 
     only if, before the date of withdrawal or change, the head of 
     the Federal public land agency that has jurisdiction over the 
     Federal public land or water--
       (i) publishes appropriate notice of the withdrawal or 
     change, respectively;
       (ii) demonstrates that coordination has occurred with a 
     State fish and wildlife agency; and
       (iii) submits to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate written notice of the 
     withdrawal or change, respectively.
       (B) Aggregate or cumulative effects.--If the aggregate or 
     cumulative effect of separate withdrawals or changes 
     effectively closes or significant restrictions affects 1,280 
     or more acres of land or water, the withdrawals and changes 
     shall be treated as a single withdrawal or change for 
     purposes of subparagraph (A).
       (C) Emergency closures.--
       (i) In general.--Nothing in this section prohibits a 
     Federal public land management agency from establishing or 
     implementing emergency closures or restrictions of the 
     smallest practicable area of Federal public land to provide 
     for public safety, resource conservation, national security, 
     or other purposes authorized by law.
       (ii) Termination.--An emergency closure under clause (i) 
     shall terminate after a reasonable period of time unless the 
     temporary closure is converted to a permanent closure 
     consistent with this subsection.
       (7) No priority.--Nothing in this section requires a 
     Federal agency to give preference to recreational fishing, 
     hunting, or recreational shooting over other uses of Federal 
     public land or over land or water management priorities 
     established by other Federal law.
       (8) Consultation with councils.--In carrying out this 
     section, the heads of Federal public land agencies shall 
     consult with the appropriate advisory councils established 
     under Executive Order 12962 (16 U.S.C. 1801 note; relating to 
     recreational fisheries) and Executive Order 13443 (16 U.S.C. 
     661 note; relating to facilitation of hunting heritage and 
     wildlife conservation).
       (9) Authority of states.--
       (A) In general.--Nothing in this section interferes with, 
     diminishes, or conflicts with the authority, jurisdiction, or 
     responsibility

[[Page S6638]]

     of any State to manage, control, or regulate fish and 
     wildlife under State law (including regulations) on land or 
     water within the State, including on Federal public land.
       (B) Federal licenses.--
       (i) In general.--Except as provided in clause (ii), nothing 
     in this section authorizes the head of a Federal public land 
     agency head to require a license, fee, or permit to fish, 
     hunt, or trap on land or water in a State, including on 
     Federal public land in the State.
       (ii) Migratory bird stamps.--This subparagraph shall not 
     affect any migratory bird stamp requirement of the Migratory 
     Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et 
     seq.).
                                 ______
                                 
  SA 2851. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE III--LAND CONVEYANCE

     SEC. 301. DEFINITIONS.

       In this title:
       (1) City.--The term ``City'' means the city of Fruit 
     Heights, Utah.
       (2) Map.--The term ``map'' means the map entitled 
     ``Proposed Fruit Heights City Conveyance'' and dated 2012.
       (3) National forest system land.--The term ``National 
     Forest System land'' means the approximately 100 acres of 
     National Forest System land, as depicted on the map.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 302. CONVEYANCE OF CERTAIN LAND TO THE CITY OF FRUIT 
                   HEIGHTS, UTAH.

       (a) In General.--The Secretary shall convey to the City, 
     without consideration, all right, title, and interest of the 
     United States in and to the National Forest System land.
       (b) Survey.--
       (1) In general.--If determined by the Secretary to be 
     necessary, the exact acreage and legal description of the 
     National Forest System land shall be determined by a survey 
     approved by the Secretary.
       (2) Costs.--The City shall pay the reasonable survey and 
     other administrative costs associated with a survey conducted 
     under paragraph (1).
       (c) Use of National Forest System Land.--As a condition of 
     the conveyance under subsection (a), the City shall use the 
     National Forest System land only for public purposes.
                                 ______
                                 
  SA 2852. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE III--LAND CONVEYANCE

     SEC. 301. LAND CONVEYANCE, UINTA-WASATCH-CACHE NATIONAL 
                   FOREST, UTAH.

       (a) Conveyance Required.--On the request of Brigham Young 
     University submitted to the Secretary of Agriculture not 
     later than one year after the date of the enactment of this 
     Act, the Secretary shall convey, not later than one year 
     after receiving the request, to Brigham Young University all 
     right, title, and interest of the United States in and to an 
     approximately 80-acre parcel of National Forest System land 
     in the Uinta-Wasatch-Cache National Forest in the State of 
     Utah consisting of the SE\1/4\SE\1/4\ of section 32, T. 6 S., 
     R. 3 E., and the NE\1/4\NE\1/4\ of section 5, T. 7 S., R. 3 
     E., Salt Lake Base & Meridian. The conveyance shall be 
     subject to valid existing rights and shall be made by 
     quitclaim deed.
       (b) Consideration.--
       (1) Consideration required.--As consideration for the land 
     conveyed under subsection (a), Brigham Young University shall 
     pay to the Secretary an amount equal to the fair market value 
     of the land, as determined by an appraisal approved by the 
     Secretary and conducted in conformity with the Uniform 
     Appraisal Standards for Federal Land Acquisitions and section 
     206 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1716).
       (2) Deposit.--The consideration received by the Secretary 
     under paragraph (1) shall be deposited in the general fund of 
     the Treasury to reduce the Federal deficit.
       (c) Guaranteed Public Access to Y Mountain Trail.--After 
     the conveyance under subsection (a), Brigham Young University 
     represents that it will--
       (1) continue to allow the same reasonable public access to 
     the trailhead and portion of the Y Mountain Trail already 
     owned by Brigham Young University as of the date of the 
     enactment of this Act that Brigham Young University has 
     historically allowed; and
       (2) allow that same reasonable public access to the portion 
     of the Y Mountain Trail and the ``Y'' symbol located on the 
     land described in subsection (a).
       (d) Survey and Administrative Costs.--The exact acreage and 
     legal description of the land to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. Brigham Young University shall pay the reasonable 
     costs of survey, appraisal, and any administrative analyses 
     required by law.
                                 ______
                                 
  SA 2853. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                 TITLE III--NATIONAL MONUMENTS IN UTAH

     SEC. 301. LIMITATION ON FURTHER EXTENSION OR ESTABLISHMENT OF 
                   NATIONAL MONUMENTS IN UTAH.

       This proviso of the last sentence of the first section of 
     the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 
     U.S.C. 431a), is amended by inserting ``or Utah'' after 
     ``Wyoming''.
                                 ______
                                 
  SA 2854. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE III--LAND CONVEYANCE

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Federal land.--The term ``Federal land'' means any land 
     (including mineral rights) under the jurisdiction of the 
     Secretary in the State, including any public land in the 
     State (as defined in section 103 of the Federal Land Policy 
     And Management Act of 1976 (43 U.S.C. 1702)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the state of Utah.

     SEC. 302. CONVEYANCE OF FEDERAL LAND TO THE STATE OF UTAH.

       (a) In General.--Not later than December 31, 2014, the 
     Secretary shall convey to the State all right, title, and 
     interest of the United States in and to the Federal land.
       (b) Reconveyance.--If the State reconveys any Federal land 
     conveyed to the State under subsection (a), the State shall, 
     as soon as practicable after the date of the reconveyance, 
     pay to the Secretary concerned an amount equal to 95 percent 
     of the amount received by the State in consideration for the 
     Federal land reconveyed.
                                 ______
                                 
  SA 2855. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

    TITLE III--CLARIFICATION OF AUTHORITY, UINTAH AND OURAY INDIAN 
                              RESERVATION

     SEC. 301. CLARIFICATION OF AUTHORITY.

       The Act entitled ``An Act to define the exterior boundary 
     of the Uintah and Ouray Indian Reservation in the State of 
     Utah, and for other purposes'', approved March 11, 1948 (62 
     Stat. 72), as amended by the Act entitled ``An Act to amend 
     the Act extending the exterior boundary of the Uintah and 
     Ouray Indian Reservation in the State of Utah so as to 
     authorize such State to exchange certain mineral lands for 
     other lands mineral in character'' approved August 9, 1955, 
     (69 Stat. 544), is further amended by adding at the end the 
     following:
       ``Sec. 5.  In order to further clarify authorizations under 
     this Act, the State of Utah is hereby authorized to 
     relinquish to the United States, for the benefit of the Ute 
     Indian Tribe of the Uintah and Ouray Reservation, State 
     school trust or other State-owned subsurface mineral lands 
     located beneath the surface estate delineated in Public Law 
     440 (approved March 11, 1948) and south of the border between 
     Grand County, Utah, and Uintah County, Utah, and select in 
     lieu of such relinquished lands, on an acre-for-acre basis, 
     any subsurface mineral lands of the United States located 
     beneath the surface estate delineated in Public Law 440 
     (approved March 11, 1948) and north of the border between 
     Grand County, Utah, and Uintah County, Utah, subject to the 
     following conditions:
       ``(1) Reservation by united states.--The Secretary of the 
     Interior shall reserve an overriding interest in that portion 
     of the mineral estate comprised of minerals subject to 
     leasing under the Mineral Leasing Act (30 U.S.C. 171 et seq) 
     in any mineral lands conveyed to the State.
       ``(2) Extent of overriding interest.--The overriding 
     interest reserved by the United States under paragraph (1) 
     shall consist of--
       ``(A) 50 percent of any bonus bid or other payment received 
     by the State as consideration for securing any lease or 
     authorization to develop such mineral resources;
       ``(B) 50 percent of any rental or other payments received 
     by the State as consideration for the lease or authorization 
     to develop such mineral resources;
       ``(C) a 6.25 percent overriding royalty on the gross 
     proceeds of oil and gas production under any lease or 
     authorization to develop such oil and gas resources; and
       ``(D) an overriding royalty on the gross proceeds of 
     production of such minerals other than oil and gas, equal to 
     50 percent of

[[Page S6639]]

     the royalty rate established by the Secretary of the Interior 
     by regulation as of October 1, 2011.
       ``(3) Reservation by state of utah.--The State of Utah 
     shall reserve, for the benefit of its State school trust, an 
     overriding interest in that portion of the mineral estate 
     comprised of minerals subject to leasing under the Mineral 
     Leasing Act (30 U.S.C. 181 et seq) in any mineral lands 
     relinquished by the State to the United States.
       ``(4) Extent of overriding interest.--The overriding 
     interest reserved by the State under paragraph (3) shall 
     consist of--
       ``(A) 50 percent of any bonus bid or other payment received 
     by the United States as consideration for securing any lease 
     or authorization to develop such mineral resources on the 
     relinquished lands;
       ``(B) 50 percent of any rental or other payments received 
     by the United States as consideration for the lease or 
     authorization to develop such mineral resources;
       ``(C) a 6.25 percent overriding royalty on the gross 
     proceeds of oil and gas production under any lease or 
     authorization to develop such oil and gas resources; and
       ``(D) an overriding royalty on the gross proceeds of 
     production of such minerals other than oil and gas, equal to 
     50 percent of the royalty rate established by the Secretary 
     of the Interior by regulation as of October 1, 2011.
       ``(5) No obligation to lease.--Neither the United States 
     nor the State shall be obligated to lease or otherwise 
     develop oil and gas resources in which the other party 
     retains an overriding interest under this section.
       ``(6) Cooperative agreements.--The Secretary of the 
     Interior is authorized to enter into cooperative agreements 
     with the State and the Ute Indian Tribe of the Uintah and 
     Ouray Reservation to facilitate the relinquishment and 
     selection of lands to be conveyed under this section, and the 
     administration of the overriding interests reserved 
     hereunder.
       ``(7) Termination.--The overriding interest reserved by the 
     Secretary of the Interior under paragraph (1), and the 
     overriding interest reserved by the State under paragraph 
     (3), shall automatically terminate 30 years after the date of 
     enactment of this section.''.
                                 ______
                                 
  SA 2856. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                    TITLE III--TIMBER SALE CONTRACTS

     SEC. 301. EXTENDING NATIONAL FOREST SYSTEM TIMBER SALE 
                   CONTRACTS.

       (a) Definitions.--In this section:
       (1) Qualifying contract.--The term ``qualifying contract'' 
     means a contract (including an integrated resource timber 
     contract) for the sale of timber on National Forest System 
     land--
       (A) that was awarded before January 1, 2010;
       (B) for which the original contract term was for 2 or more 
     years;
       (C) for which there is unharvested volume of timber 
     remaining;
       (D) for which, not later than 90 days after the date of 
     enactment of this Act, the contract awardee makes a written 
     request to the Secretary for an extension of time;
       (E) for which the Secretary determines there is not an 
     urgent need to harvest due to deteriorating timber 
     conditions;
       (F) for which the Secretary determines there is not an 
     urgent need to harvest to accomplish fuel reduction 
     objectives in wildland-urban interface areas; and
       (G) that is not in breach or default.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (3) Wildland-urban interface.--The term ``wildland-urban 
     interface'' has the meaning given the term in section 101 of 
     the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
       (b) Extension of Time.--
       (1) In general.--Notwithstanding any other provision of law 
     and subject to the conditions described in paragraph (2), the 
     Secretary may extend the term of a qualifying contract for 
     not more than 2 years after the applicable contract 
     termination date.
       (2) Conditions.--An extension of a qualifying contract 
     under paragraph (1) shall be subject to the following 
     conditions:
       (A) The total contract term shall not exceed 10 years, 
     including the extension granted under this section.
       (B) A qualifying contract that receives a 1-year 
     substantial overriding public interest extension authorized 
     by the Chief of the Forest Service in 2012 may only receive 
     an extension of 1 year under this section.
       (C) Periodic payment dates that have not been reached as of 
     the date of a request by a contract awardee under this 
     section shall be adjusted in accordance with applicable law 
     and policies.
       (c) Effect.--
       (1) No surrender of claims.--Nothing in this section shall 
     result in the surrendering of any claim by the United States 
     against any contract awardee that arose under a qualifying 
     contract before the date on which the Secretary extends the 
     qualifying contract term under this section.
       (2) Release of liability.--Before receiving an extension of 
     a contract term under this section, the contract awardee 
     shall release the United States from all liability, including 
     further consideration or compensation, resulting from--
       (A) the extension of the qualifying contract term; or
       (B) a determination by the Secretary under this section to 
     not extend the contract term.
       (3) Future administrative actions.--Nothing in this section 
     precludes the Secretary from modifying a qualifying contract 
     extended under this section to grant administrative relief 
     consistent with applicable law (including regulations) and 
     policy.
                                 ______
                                 
  SA 2857. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 100, after line 13, add the following:

     SEC. 249. REMOVAL OF GRAY WOLF IN THE STATE OF UTAH FROM THE 
                   LIST OF ENDANGERED OR THREATENED SPECIES.

       (a) Definitions.--In this section:
       (1) Gray wolf.--The term ``gray wolf'' means any taxonomic 
     group traditionally associated with the gray wolf, including 
     Canus lupus baileyi, regardless of specific taxonomy of any 
     particular gray wolf variety as a species, subspecies, or 
     other designation.
       (2) Secretary.--The term ``Secretary'' has the meaning 
     given the term in section 3 of the Endangered Species Act of 
     1973 (16 U.S.C. 1532).
       (b) Removal of Gray Wolf in the State of Utah From the List 
     of Endangered or Threatened Species.--Notwithstanding any 
     other provision of law, not later than 60 days after the date 
     of enactment of this section, the Secretary shall promulgate 
     regulations removing from the list of endangered or 
     threatened species under section 4(c) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533(c)) the gray wolf within 
     the borders of the State of Utah.
                                 ______
                                 
  SA 2858. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 3525, to protect and enhance opportunities for 
recreational hunting, fishing, and shooting, and for other purposes; 
which was ordered to lie on the table.

       At the end, add the following:

           TITLE III--PUTTING THE GULF OF MEXICO BACK TO WORK

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Putting the Gulf of Mexico 
     Back to Work Act''.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Covered civil action.--The term ``covered civil 
     action'' means a civil action containing a claim under 
     section 702 of title 5, United States Code, regarding agency 
     action (as defined for the purposes of that section) 
     affecting a covered energy project in the Gulf of Mexico.
       (2) Covered energy project.--
       (A) In general.--The term ``covered energy project'' means 
     the leasing of Federal land of the outer Continental Shelf 
     for the exploration, development, production, processing, or 
     transmission of oil, natural gas, wind, or any other source 
     of energy in the Gulf of Mexico, and any action under a 
     lease.
       (B) Exclusion.--The term ``covered energy project'' does 
     not include any dispute between the parties to a lease 
     regarding the obligations under the lease, including any 
     alleged breach of the lease.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

                Subtitle A--Outer Continental Shelf Land

     SEC. 311. DRILLING PERMITS.

       Section 11 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1340) is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Drilling Permits.--
       ``(1) In general.--The Secretary shall by regulation 
     require that any lessee operating under an approved 
     exploration plan--
       ``(A) obtain a permit before drilling any well in 
     accordance with the plan; and
       ``(B) obtain a new permit before drilling any well of a 
     design that is significantly different than the design for 
     which the existing permit was issued.
       ``(2) Safety review required.--The Secretary shall not 
     issue a permit under paragraph (1) without ensuring that the 
     proposed drilling operations meet all--
       ``(A) critical safety system requirements, including 
     blowout prevention; and
       ``(B) oil spill response and containment requirements.
       ``(3) Timeline.--
       ``(A) In general.--The Secretary shall determine whether to 
     issue a permit under paragraph (1) not later than 30 days 
     after the date on which the Secretary receives the 
     application for a permit.
       ``(B) Extension of time.--
       ``(i) In general.--The Secretary may extend the period in 
     which to consider an application for a permit for up to 2 
     periods of 15 days each if the Secretary has given written 
     notice of the delay to the applicant.
       ``(ii) Notice.--The notice described in clause (i) shall--

       ``(I) be in the form of a letter from the Secretary or a 
     designee of the Secretary; and

[[Page S6640]]

       ``(II) include--

       ``(aa) the name and title of each individual processing the 
     application;
       ``(bb) the reason for the delay; and
       ``(cc) the date on which the Secretary expects to make a 
     final decision on the application.
       ``(4) Denial of application.--If the Secretary denies the 
     application, the Secretary shall provide the applicant--
       ``(A) a written statement that provides clear and 
     comprehensive reasons why the application was not accepted 
     and detailed information concerning any deficiency; and
       ``(B) an opportunity to remedy any deficiencies.
       ``(5) Failure to make decision within 60 days.--If the 
     Secretary does not make a decision on the application by the 
     date that is 60 days from the date on which the Secretary 
     receives the application, the application shall be considered 
     approved.''.

    Subtitle B--Judicial Review of Agency Actions Relating to Outer 
             Continental Shelf Activities in Gulf of Mexico

     SEC. 322. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING 
                   TO COVERED ENERGY PROJECTS IN GULF OF MEXICO.

       A covered civil action shall be brought only in a judicial 
     district in the Fifth Circuit unless there is no district in 
     that circuit in which the action may be brought.

     SEC. 323. TIME LIMITATION ON FILING.

       A covered civil action is barred unless the action is filed 
     not later than the date that is 60 days after the date of the 
     final Federal agency action.

     SEC. 324. EXPEDITION IN HEARING AND DETERMINING ACTION.

       A court shall endeavor to hear and determine any covered 
     civil action as expeditiously as practicable.

     SEC. 325. STANDARD OF REVIEW.

       (a) In General.--In any judicial review of a covered civil 
     action, administrative findings and conclusions relating to 
     the challenged Federal action or decision shall be presumed 
     to be correct.
       (b) Standard.--The presumption described in subsection (a) 
     may be rebutted only by a preponderance of the evidence 
     contained in the administrative record.

     SEC. 326. LIMITATION ON PROSPECTIVE RELIEF.

       In a covered civil action, a court shall not grant or 
     approve any prospective relief unless the court finds that 
     the relief is narrowly drawn, extends no further than 
     necessary to correct the violation of a legal requirement, 
     and is the least intrusive means necessary to correct that 
     violation.

     SEC. 327. LIMITATION ON ATTORNEYS' FEES.

       (a) In General.--Sections 504 of title 5 and 2412 of title 
     28, United States Code, do not apply to a covered civil 
     action.
       (b) Payment From Federal Government.--No party to a covered 
     civil action shall receive from the Federal Government 
     payment for attorneys' fees, expenses, and other court costs.

           TITLE IV--RESTARTING AMERICAN OFFSHORE LEASING NOW

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Restarting American 
     Offshore Leasing Now Act''.

     SEC. 402. DEFINITIONS.

       In this title:
       (1) Environmental impact statement for the 2007-2012 5-year 
     ocs plan.--The term ``environmental impact statement for the 
     2007-2012 5-Year OCS plan'' means the final environmental 
     impact statement prepared by the Secretary entitled ``Outer 
     Continental Shelf Oil and Gas Leasing Program: 2007-2012'', 
     and dated April 2007.
       (2) Multisale environmental impact statement.--The term 
     ``multisale environmental impact statement'' means the 
     environmental impact statement prepared by the Secretary 
     relating to proposed Western Gulf of Mexico OCS Oil and Gas 
     Lease Sales 204, 207, 210, 215, and 218, and proposed Central 
     Gulf of Mexico OCS Oil and Gas Lease Sales 205, 206, 208, 
     213, 216, and 222, and dated September 2008.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 403. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 216 IN CENTRAL GULF OF MEXICO.

       (a) In General.--As soon as practicable, but not later than 
     60 days after the date of enactment of this Act, the 
     Secretary shall conduct offshore oil and gas Lease Sale 216 
     under section 8 of the Outer Continental Shelf Lands Act (33 
     U.S.C. 1337) .
       (b) Environmental Review.--For the purposes of the lease 
     sale described in subsection (a), the environmental impact 
     statement for the 2007-2012 5-Year OCS plan and the multisale 
     environmental impact statement shall be considered to satisfy 
     the requirements of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).

     SEC. 404. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 220 ON OUTER CONTINENTAL SHELF OFFSHORE 
                   VIRGINIA.

       (a) In General.--As soon as practicable, but not later than 
     1 year after the date of enactment of this Act, the Secretary 
     shall conduct offshore oil and gas Lease Sale 220 under 
     section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 
     1337).
       (b) Environmental Review.--For the purposes of the lease 
     sale described in subsection (a), the environmental impact 
     statement for the 2007-2012 5-Year OCS plan and the multisale 
     environmental impact statement shall be considered to satisfy 
     the requirements of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).

     SEC. 405. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE 
                   SALE 222 IN CENTRAL GULF OF MEXICO.

       (a) In General.--As soon as practicable, but not later than 
     60 days after the date of enactment of this Act, the 
     Secretary shall conduct offshore oil and gas Lease Sale 222 
     under section 8 of the Outer Continental Shelf Lands Act (33 
     U.S.C. 1337).
       (b) Environmental Review.--For the purposes of the lease 
     sale described in subsection (a), the environmental impact 
     statement for the 2007-2012 5-Year OCS plan and the multisale 
     environmental impact statement shall be considered to satisfy 
     the requirements of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).

        TITLE V--REVERSING PRESIDENT OBAMA'S OFFSHORE MORATORIUM

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Reversing President 
     Obama's Offshore Moratorium Act''.

     SEC. 502. OUTER CONTINENTAL SHELF LEASING PROGRAM.

       Section 18(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344(a)) is amended by adding at the end the 
     following:
       ``(5)(A) In each oil and gas leasing program under this 
     section, the Secretary shall make available for leasing and 
     conduct lease sales that include--
       ``(i) at least 50 percent of the available unleased acreage 
     within each outer Continental Shelf planning area considered 
     to have the largest undiscovered, technically recoverable oil 
     and gas resources (on a total btu basis) based upon the most 
     recent national geological assessment of the outer 
     Continental Shelf, with an emphasis on offering the most 
     geologically prospective parts of the planning area; and
       ``(ii) any State subdivision of an outer Continental Shelf 
     planning area that the Governor of the State that represents 
     that subdivision requests be made available for leasing.
       ``(B) In this paragraph, the term `available unleased 
     acreage' means that portion of the outer Continental Shelf 
     that is not under lease at the time of a proposed lease sale, 
     and that has not otherwise been made unavailable for leasing 
     by law.
       ``(6)(A) For the 2012-2017 5-year oil and gas leasing 
     program, the Secretary shall make available for leasing any 
     outer Continental Shelf planning areas that are estimated to 
     contain more than--
       ``(i) 2,500,000,000 barrels of oil; or
       ``(ii) 7,500,000,000,000 cubic feet of natural gas.
       ``(B) To determine the planning areas described in 
     subparagraph (A), the Secretary shall use the document 
     entitled `Minerals Management Service Assessment of 
     Undiscovered Technically Recoverable Oil and Gas Resources of 
     the Nation's Outer Continental Shelf, 2006'.''.

     SEC. 503. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

       Section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Domestic Oil and Natural Gas Production Goal.---
       ``(1) In general.--In developing a 5-year oil and gas 
     leasing program, subject to paragraph (2), the Secretary 
     shall determine a domestic strategic production goal for the 
     development of oil and natural gas as a result of that 
     program, which goal shall be--
       ``(A) the best estimate of the practicable increase in 
     domestic production of oil and natural gas from the outer 
     Continental Shelf;
       ``(B) focused on meeting domestic demand for oil and 
     natural gas and reducing the dependence of the United States 
     on foreign energy; and
       ``(C) focused on the production increases achieved by the 
     leasing program at the end of the 15-year period beginning on 
     the effective date of the program.
       ``(2) 2012-2017 program goal.--For purposes of the 2012-
     2017 5-year oil and gas leasing program, the production goal 
     referred to in paragraph (1) shall be an increase by 2027 of 
     not less than--
       ``(A) 3,000,000 barrels in the quantity of oil produced per 
     day; and
       ``(B) 10,000,000,000 cubic feet in the quantity of natural 
     gas produced per day.
       ``(3) Reporting.--Beginning at the end of the 5-year period 
     for which the program applies and annually thereafter, 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 on the progress 
     of the program in meeting the production goal that includes 
     an identification of projections for production and any 
     problems with leasing, permitting, or production that will 
     prevent meeting the goal.''.

                  TITLE VI--JOBS AND ENERGY PERMITTING

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Jobs and Energy Permitting 
     Act of 2012''.

     SEC. 602. AIR QUALITY MEASUREMENT.

       Section 328(a)(1) of the Clean Air Act (42 U.S.C. 
     7627(a)(1)) is amended in the second sentence by inserting 
     before the period at the end the following: ``, except that 
     any air quality impact of any OCS source shall be

[[Page S6641]]

     measured or modeled, as appropriate, and determined solely 
     with respect to the impacts in the corresponding onshore 
     area''.

     SEC. 603. OCS SOURCE.

       Section 328(a)(4)(C) of the Clean Air Act (42 U.S.C. 
     7627(a)(4)(C)) is amended in the second sentence of the 
     matter following clause (iii) by striking ``shall be 
     considered direct emissions from the OCS source'' and 
     inserting ``shall be considered direct emissions from the OCS 
     source but shall not be subject to any emission control 
     requirement applicable to the source under subpart 1 of part 
     C of title I of this Act. For platform or drill ship 
     exploration, an OCS source is established at the point in 
     time when drilling commences at a location and ceases to 
     exist when drilling activity ends at the location or is 
     temporarily interrupted because the platform or drill ship 
     relocates for weather or other reasons''.

     SEC. 604. PERMITS.

       (a) Permits.--Section 328 of the Clean Air Act (42 U.S.C. 
     7627) is amended by adding at the end the following:
       ``(d) Permit Application.--In the case of a completed 
     application for a permit under this Act for platform or drill 
     ship exploration for an OCS source--
       ``(1) final agency action (including any reconsideration of 
     the issuance or denial of such a permit) shall be taken not 
     later than 180 days after the date on which the completed 
     application is filed;
       ``(2) the Environmental Appeals Board of the Environmental 
     Protection Agency shall have no authority to consider any 
     matter regarding the consideration, issuance, or denial of 
     the permit;
       ``(3) no administrative stay of the effectiveness of the 
     permit may extend beyond the date that is 180 days after the 
     date on which the completed application is filed;
       ``(4) that final agency action shall be considered to be 
     nationally applicable under section 307(b); and
       ``(5) judicial review of that final agency action shall be 
     available only in accordance with section 307(b) without 
     additional administrative review or adjudication.''.
       (b) Conforming Amendment.--Section 328(a)(4) of the Clean 
     Air Act (42 U.S.C. 7627(a)(4)) is amended by striking ``For 
     purposes of subsections (a) and (b) of this section--'' and 
     inserting ``For purposes of subsections (a), (b), and (d):''.

       TITLE VII--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Sacramento-San Joaquin 
     Valley Water Reliability Act''.

          Subtitle A--Central Valley Project Water Reliability

     SEC. 711. AMENDMENT TO PURPOSES.

       Section 3402 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4706) is amended--
       (1) in subsection (f), by striking the period at the end; 
     and
       (2) by adding at the end the following:
       ``(g) to ensure that water dedicated to fish and wildlife 
     purposes by this title is replaced and provided to Central 
     Valley Project water contractors not later than December 31, 
     2016, at the lowest cost reasonably achievable; and
       ``(h) to facilitate and expedite water transfers in 
     accordance with this title.''.

     SEC. 712. AMENDMENT TO DEFINITION.

       Section 3403 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4707) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) the term `anadromous fish' means those native stocks 
     of salmon (including steelhead) and sturgeon that--
       ``(1) as of October 30, 1992, were present in the 
     Sacramento and San Joaquin Rivers and the tributaries of the 
     Sacramento and San Joaquin Rivers; and
       ``(2) ascend those rivers and tributaries to reproduce 
     after maturing in San Francisco Bay or the Pacific Ocean;'';
       (2) by redesignating subsections (i) through (m) as 
     subsections (j) through (n), respectively; and
       (3) by inserting after subsection (h) the following:
       ``(i) the term `reasonable flows' means water flows capable 
     of being maintained taking into account competing consumptive 
     uses of water and economic, environmental, and social 
     factors.''.

     SEC. 713. CONTRACTS.

       Section 3404 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4708) is amended to read as 
     follows:

     ``SEC. 3404. CONTRACTS.

       ``(a) Renewal of Existing Long-term Contracts.--On request 
     of the contractor, the Secretary shall renew any existing 
     long-term repayment or water service contract that provides 
     for the delivery of water from the Central Valley Project for 
     a period of 40 years.
       ``(b) Administration of Contracts.--Except as expressly 
     provided by this title, any existing long-term repayment or 
     water service contract for the delivery of water from the 
     Central Valley Project shall be administered pursuant to the 
     Act of July 2, 1956 (chapter 492; 70 Stat. 483).
       ``(c) Delivery Charge.--Beginning on the date of enactment 
     of this Act, a contract entered into or renewed pursuant to 
     this section shall include a provision that requires the 
     Secretary to charge any other party to the contract only for 
     water actually delivered by the Secretary.''.

     SEC. 714. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND 
                   CONSERVATION.

       Section 3405 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4709) is amended--
       (1) in subsection (a)--
       (A) in the second sentence, by striking ``Except as 
     provided herein'' and inserting ``The Secretary shall take 
     all actions necessary to facilitate and expedite transfers of 
     Central Valley Project water in accordance with this title or 
     any other provision of Federal reclamation law and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.). Except as provided in this subsection,'';
       (B) in paragraph (1)(A), by striking ``to combination'' and 
     inserting ``or combination'';
       (C) in paragraph (2), by adding at the end the following:
       ``(E) Written transfer proposals.--
       ``(i) In general.--The contracting district from which the 
     water is supplied, the agency, or the Secretary, as 
     applicable, shall determine whether a written transfer 
     proposal is complete not later than 45 days after the date on 
     which the proposal is submitted.
       ``(ii) Determination.--If the contracting district, the 
     agency, or the Secretary determines that the proposal 
     described in clause (i) is incomplete, the contracting 
     district, agency, or Secretary shall state, in writing and 
     with specificity, the conditions under which the proposal 
     would be considered complete.
       ``(F) No mitigation requirements.--
       ``(i) In general.--Except as provided in this section, the 
     Secretary shall not impose mitigation or other requirements 
     on a proposed transfer.
       ``(ii) Applicability.--This section shall have no effect on 
     the authority of the contracting district from which the 
     water is supplied or the agency under State law to approve or 
     condition a proposed transfer.''; and
       (D) by adding at the end the following:
       ``(4) Applicability.--Notwithstanding any other provision 
     of Federal reclamation law--
       ``(A) the authority to transfer, exchange, bank, or make 
     recharging arrangements using Central Valley Project water 
     that could have been carried out before October 30, 1992, is 
     valid, and those transfers, exchanges, or arrangements shall 
     not be subject to, limited, or conditioned by this title; and
       ``(B) this title does not supersede or revoke the authority 
     to transfer, exchange, bank, or recharge Central Valley 
     Project water in effect before October 30, 1992.'';
       (2) in subsection (b)--
       (A) in the heading, by striking ``METERING'' and inserting 
     ``MEASUREMENT'';
       (B) in the first sentence, by striking ``All Central 
     Valley'' and inserting the following:
       ``(1) In general.--All Central Valley'';
       (C) in the second sentence, by striking ``The contracting 
     district'' and inserting the following:
       ``(3) Annual report.--The contracting district''; and
       (D) by inserting after paragraph (1) (as designated by 
     subparagraph (B)) the following:
       ``(2) Measurement requirements.--The contracting district 
     or agency, not including contracting districts serving 
     multiple agencies with separate governing boards, shall 
     ensure that all contractor-owned water delivery systems 
     within the boundaries of the contracting district or agency 
     measure surface water at the facilities of the contracting 
     district or agency up to the point at which the surface water 
     is commingled with other water supplies.'';
       (3) by striking subsection (d);
       (4) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively; and
       (5) by striking subsection (e) (as redesignated by 
     paragraph (4)) and inserting the following:
       ``(e) Increased Revenues.--All revenues received by the 
     Secretary that exceed the cost-of-service rates applicable to 
     the delivery of water transferred from irrigation use to 
     municipal and industrial use under subsection (a) shall be 
     covered to the Restoration Fund.''.

     SEC. 715. FISH, WILDLIFE, AND HABITAT RESTORATION.

       Section 3406 of the Central Valley Project Improvement Act 
     (Public Law 102-575; 106 Stat. 4714) is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (1)(B) and inserting the 
     following:
       ``(B) Administration.--
       ``(i) In general.--As needed to carry out the goals of the 
     Central Valley Project, the Secretary may modify Central 
     Valley Project operations to provide reasonable flows of 
     suitable quality, quantity, and timing to protect all life 
     stages of anadromous fish.
       ``(ii) Requirements.--The flows under clause (i) shall be 
     provided from the quantity of water dedicated to fish, 
     wildlife, and habitat restoration purposes under paragraph 
     (2) from the water supplies acquired pursuant to paragraph 
     (3) and from other sources which do not conflict with 
     fulfillment of the remaining contractual obligations of the 
     Secretary to provide Central Valley Project water for other 
     authorized purposes.
       ``(iii) Determination of needs.--The Secretary shall 
     determine the instream reasonable flow needs for all Central 
     Valley Project controlled streams and rivers based on 
     recommendations of the United States Fish and Wildlife 
     Service and the National Marine

[[Page S6642]]

     Fisheries Service after consultation with the United States 
     Geological Survey.''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A)--

       (I) in the first sentence, by striking ``primary purpose'' 
     and inserting ``purposes'';
       (II) by striking ``but not limited to additional 
     obligations under the Federal Endangered Species Act'' and 
     inserting ``additional obligations under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.)''; and
       (III) by adding at the end the following: ``All Central 
     Valley Project water used for the purposes specified in this 
     paragraph shall be credited to the quantity of Central Valley 
     Project yield dedicated and managed under this paragraph by 
     determining how the dedication and management of that water 
     would affect the delivery capability of the Central Valley 
     Project yield. To the maximum extent practicable and in 
     accordance with section 3411, Central Valley Project water 
     dedicated and managed pursuant to this paragraph shall be 
     reused to fulfill the remaining contractual obligations of 
     the Secretary to provide Central Valley Project water for 
     agricultural or municipal and industrial purposes.''; and

       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Mandatory reduction.--If on March 15 of a given year, 
     the quantity of Central Valley Project water forecasted to be 
     made available to water service or repayment contractors in 
     the Delta Division of the Central Valley Project is less than 
     75 percent of the total quantity of water to be made 
     available under those contracts, the quantity of Central 
     Valley Project yield dedicated and managed for that year 
     under this paragraph shall be reduced by 25 percent.''; and
       (2) by adding at the end the following:
       ``(i) Satisfaction of Purposes.--In carrying out this 
     section, the Secretary shall be considered to have met the 
     mitigation, protection, restoration, and enhancement purposes 
     of this title.''.

     SEC. 716. RESTORATION FUND.

       (a) In General.--Section 3407(a) of the Central Valley 
     Project Improvement Act (Public Law 102-575; 106 Stat. 4726) 
     is amended--
       (1) by striking ``There is hereby'' and inserting the 
     following:
       ``(1) Establishment.--
       ``(A) In general.--There is'';
       (2) in paragraph (1)(A) (as designated by paragraph (1)), 
     by striking ``Not less than 67 percent'' and all that follows 
     through ``Monies'' and inserting the following:
       ``(B) Use of donated amounts.--Amounts''; and
       (3) by adding at the end the following:
       ``(2) Restrictions.--The Secretary may not directly or 
     indirectly require a donation or other payment (including 
     environmental restoration or mitigation fees not otherwise 
     provided by law) to the Restoration Fund--
       ``(A) as a condition of--
       ``(i) providing for the storage or conveyance of non-
     Central Valley Project water pursuant to Federal reclamation 
     laws; or
       ``(ii) the delivery of water pursuant to section 215 of the 
     Reclamation Reform Act of 1982 (Public Law 97-293; 96 Stat. 
     1270); or
       ``(B) for any water that is delivered with the sole intent 
     of groundwater recharge.''.
       (b) Certain Payments.--Section 3407(c)(1) of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4726) is amended--
       (1) by striking ``mitigation and restoration payments, in 
     addition to charges provided for or'' and inserting 
     ``payments, in addition to charges''; and
       (2) by striking ``of fish, wildlife'' and all that follows 
     through the period and inserting ``of carrying out this 
     title.''.
       (c) Adjustment and Assessment of Mitigation and Restoration 
     Payments.--Section 3407(d) of the Central Valley Project 
     Improvement Act (Public Law 102-575; 106 Stat. 4727) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by striking ``, and $12 per acre-foot (October 1992 
     price levels) for municipal and industrial water sold and 
     delivered by the Central Valley Project'' and inserting ``$12 
     per acre-foot (October 1992 price levels) for municipal and 
     industrial water sold and delivered by the Central Valley 
     Project, and after October 1, 2013, $4 per megawatt-hour for 
     Central Valley Project power sold to power contractors 
     (October 2013 price levels)''; and
       (B) by inserting `` but not later than December 31, 2020,'' 
     after ``That upon the completion of the fish, wildlife, and 
     habitat mitigation and restoration actions mandated under 
     section 3406 of this title,''; and
       (2) by adding at the end the following:
       ``(g) Report on Expenditure of Funds.--
       ``(1) In general.--For each fiscal year, the Secretary, in 
     consultation with the Advisory Board, shall submit to 
     Congress a plan for the expenditure of all of the funds 
     deposited in the Restoration Fund during the preceding fiscal 
     year.
       ``(2) Contents.--The plan shall include an analysis of the 
     cost-effectiveness of each expenditure.
       ``(h) Advisory Board.--
       ``(1) Establishment.--There is established the Restoration 
     Fund Advisory Board (referred to in this section as the 
     `Advisory Board'), which shall be composed of 12 members 
     appointed by the Secretary.
       ``(2) Membership.--
       ``(A) In general.--The Secretary shall appoint members to 
     the Advisory Board that represent the various Central Valley 
     Project stakeholders, of whom--
       ``(i) 4 members shall be agricultural users of the Central 
     Valley Project;
       ``(ii) 3 members shall be municipal and industrial users of 
     the Central Valley Project;
       ``(iii) 3 members shall be power contractors of the Central 
     Valley Project; and
       ``(iv) 2 members shall be appointed at the discretion of 
     the Secretary.
       ``(B) Observers.--The Secretary and the Secretary of 
     Commerce may each designate a representative to act as an 
     observer of the Advisory Board.
       ``(C) Chairman.--The Secretary shall appoint 1 of the 
     members described in subparagraph (A) to serve as Chairman of 
     the Advisory Board.
       ``(3) Terms.--The term of each member of the Advisory Board 
     shall be for a period of 4 years.
       ``(4) Duties.--The duties of the Advisory Board are--
       ``(A) to meet not less frequently than semiannually to 
     develop and make recommendations to the Secretary regarding 
     priorities and spending levels on projects and programs 
     carried out under this title;
       ``(B) to ensure that any advice given or recommendation 
     made by the Advisory Board reflects the independent judgment 
     of the Advisory Board;
       ``(C) not later than December 31, 2013, and annually 
     thereafter, to submit to the Secretary and Congress the 
     recommendations under subparagraph (A); and
       ``(D) not later than December 31, 2013, and biennially 
     thereafter, to submit to Congress a report that details the 
     progress made in achieving the actions required under section 
     3406.
       ``(5) Administration.--With the consent of the appropriate 
     agency head, the Advisory Board may use the facilities and 
     services of any Federal agency.''.

     SEC. 717. ADDITIONAL AUTHORITIES.

       (a) Authority for Certain Activities.--Section 3408 of the 
     Central Valley Project Improvement Act (Public Law 102-575; 
     106 Stat. 4728) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Contracts for Additional Storage and Delivery of 
     Water.--
       ``(1) In general.--The Secretary may enter into contracts 
     under the reclamation laws and this title with any Federal 
     agency, California water user or water agency, State agency, 
     or private organization for the exchange, impoundment, 
     storage, carriage, and delivery of nonproject water for 
     domestic, municipal, industrial, fish and wildlife, and any 
     other beneficial purpose.
       ``(2) Limitation.--Nothing in this subsection supersedes 
     section 2(d) of the Act of August 26, 1937 (chapter 832; 50 
     Stat. 850; 100 Stat. 3051).
       ``(3) Authority for certain activities.--The Secretary 
     shall use the authority granted by this subsection in 
     connection with requests to exchange, impound, store, carry, 
     or deliver nonproject water using Central Valley Project 
     facilities for any beneficial purpose.
       ``(4) Rates.--
       ``(A) In general.--The Secretary shall develop rates not to 
     exceed the amount required to recover the reasonable costs 
     incurred by the Secretary in connection with a beneficial 
     purpose under this subsection.
       ``(B) Administration.--The rates shall be charged to a 
     party using Central Valley Project facilities for a 
     beneficial purpose, but the costs described in subparagraph 
     (A) shall not include any donation or other payment to the 
     Restoration Fund.
       ``(5) Construction.--This subsection shall be construed and 
     implemented to facilitate and encourage the use of Central 
     Valley Project facilities to exchange, impound, store, carry, 
     or deliver nonproject water for any beneficial purpose.''.
       (b) Reporting Requirements.--Section 3408(f) of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4729) is amended--
       (1) in the first sentence, by striking ``Interior and 
     Insular Affairs and the Committee on Merchant Marine and 
     Fisheries'' and inserting ``Natural Resources'';
       (2) in the second sentence, by inserting ``, including 
     progress on the plan under subsection (j)'' before the period 
     at the end; and
       (3) by adding at the end the following: ``The filing and 
     adequacy of the report shall be personally certified to the 
     Committees by the Regional Director of the Mid-Pacific Region 
     of the Bureau of Reclamation.''.
       (c) Project Yield Increase.--Section 3408(j) of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4730) is amended--
       (1) by redesignating paragraphs (1) through (7) as 
     subparagraphs (A) through (G), respectively, and indenting 
     appropriately;
       (2) by striking ``In order to minimize adverse effects, if 
     any, upon'' and inserting the following:
       ``(1) In general.--In order to minimize adverse effects 
     upon'';
       (3) in the second sentence, by striking ``The plan'' and 
     all that follows through ``options:'' and inserting the 
     following:
       ``(2) Contents.--The plan shall include recommendations on 
     appropriate cost-sharing arrangements and authorizing 
     legislation or other measures needed to implement the intent, 
     purposes, and provisions of this subsection, as well as a 
     description of how the Secretary intends to use--'';
       (4) in paragraph (1) (as designated by paragraph (2))--

[[Page S6643]]

       (A) by striking ``needs, the Secretary, shall'' and all 
     that follows through ``to the Congress,'' and inserting 
     ``needs, the Secretary, on a priority basis and not later 
     than September 30, 2013, shall submit to Congress''; and
       (B) by striking ``increase,'' and all that follows through 
     ``under this title'' and inserting ``increase, as soon as 
     practicable, but not later than September 30, 2016 (except 
     that the construction of new facilities shall not be limited 
     by that deadline), the water of the Central Valley Project by 
     the quantity dedicated and managed for fish and wildlife 
     purposes under this title and otherwise required to meet the 
     purposes of the Central Valley Project, including satisfying 
     contractual obligations'';
       (5) in paragraph (2)(A) (as designated by paragraph (1)), 
     by inserting ``and construction of new water storage 
     facilities'' before the semicolon;
       (6) in paragraph (2)(F) (as designated by paragraph (1)), 
     by striking ``and'' at the end;
       (7) in paragraph (2)(G) (as designated by paragraph (1)), 
     by striking the period and all that follows through the end 
     of the subsection and inserting ``; and''; and
       (8) by adding after paragraph (2)(G) the following:
       ``(H) water banking and recharge.
       ``(3) Implementation of plan.--
       ``(A) In general.--The Secretary shall implement the plan 
     under paragraph (1) beginning on October 1, 2013.
       ``(B) Coordination.--In carrying out this subsection, the 
     Secretary shall coordinate with the State of California in 
     implementing measures for the long-term resolution of 
     problems in the San Francisco Bay/Sacramento-San Joaquin 
     Delta Estuary.
       ``(4) Failure of plan.--Notwithstanding any other provision 
     of the reclamation laws, if by September 30, 2016, the plan 
     under paragraph (1) fails to increase the annual delivery 
     capability of the Central Valley Project by 800,000 acre-
     feet, implementation of any nonmandatory action under section 
     3406(b)(2) shall be suspended until the date on which the 
     plan achieves an increase in the annual delivery capability 
     of the Central Valley Project of 800,000 acre-feet.''.
       (d) Technical Corrections.--Section 3408(h) of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4729) is amended--
       (1) in paragraph (1), by striking ``paragraph (h)(2)'' and 
     inserting ``paragraph (2)''; and
       (2) in paragraph (2), by striking ``paragraph (h)(i)'' and 
     inserting ``paragraph (1)''.
       (e) Water Storage Project Construction.--
       (1) In general.--The Secretary of the Interior, acting 
     through the Commissioner of Reclamation, may partner or enter 
     into an agreement relating to the water storage projects 
     described in section 103(d)(1) of the Water Supply, 
     Reliability, and Environmental Improvement Act (Public Law 
     108-361; 118 Stat. 1684) with local joint powers authorities 
     formed under State law by irrigation districts and other 
     local governments or water districts within the applicable 
     hydrological region to advance those water storage projects.
       (2) No additional federal amounts.--
       (A) In general.--Subject to subparagraph (B), no additional 
     Federal amounts are authorized to be appropriated to carry 
     out the activities described in clauses (i) through (iii) of 
     sections 103(d)(1)(A) of the Water Supply, Reliability, and 
     Environmental Improvement Act (Public Law 108-361; 118 Stat. 
     1684) Public Law 108-361.
       (B) Exception.--Additional Federal amounts may be 
     appropriated for construction of a project described in 
     subparagraph (A) if non-Federal amounts are used to finance 
     and construct the project.

     SEC. 718. BAY-DELTA ACCORD.

       (a) Congressional Direction Regarding Central Valley 
     Project and California State Water Project Operations.--
       (1) In general.--The Central Valley Project and the 
     California State Water Project shall be operated strictly in 
     accordance with the water quality standards and operational 
     constraints described in the ``Principles for Agreement on 
     the Bay-Delta Standards Between the State of California and 
     the Federal Government'' dated December 15, 1994.
       (2) Applicability of other law.--The Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.) and other applicable law 
     shall not apply to operations described in paragraph (1).
       (3) Implementation.--Implementation of the ``Principles for 
     Agreement on the Bay-Delta Standards Between the State of 
     California and the Federal Government'' dated December 15, 
     1994, shall be in strict compliance with the water rights 
     priority system and statutory protections for areas of 
     origin.
       (b) Application of Laws to Others.--
       (1) In general.--As a condition of the receipt of Federal 
     amounts for the Central Valley Project and the California 
     State Water Project, the State of California (including any 
     agency or board of the State of California), on any water 
     right obtained pursuant to State law, including a pre-1914 
     appropriative right, shall not--
       (A) impose any condition that restricts the exercise of 
     that water right that is affected by operations of the 
     Central Valley Project or California State Water Project;
       (B) restrict under the Public Trust Doctrine any public 
     trust value imposed in order to conserve, enhance, recover, 
     or otherwise protect any species.
       (2) Federal agencies.--The prohibition under paragraph 
     (1)(A) shall apply to Federal agencies.
       (c) Costs.--No cost associated with the implementation of 
     this section shall be imposed directly or indirectly on any 
     Central Valley Project contractor, or any other person or 
     entity, unless those costs are incurred on a voluntary basis.
       (d) Native Species Protection.--This section preempts any 
     law of the State California law restricting the quantity or 
     size of a nonnative fish that is taken or harvested that 
     preys on 1 or more native fish species that occupy the 
     Sacramento and San Joaquin Rivers and the tributaries of 
     those rivers or the Sacramento-San Joaquin Rivers Delta.

     SEC. 719. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.

       After the date of enactment of this Act, and regardless of 
     the date of listing, the Secretaries of the Interior and 
     Commerce shall not distinguish between natural-spawned and 
     hatchery-spawned (or otherwise artificially propagated 
     strains of a species) in making any determination under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that 
     relates to an anadromous fish species present in the 
     Sacramento and San Joaquin Rivers or the tributaries of those 
     rivers and that ascends those rivers and tributaries to 
     reproduce after maturing in San Francisco Bay or the Pacific 
     Ocean.

     SEC. 720. AUTHORIZED SERVICE AREA.

       (a) In General.--The Secretary of the Interior, acting 
     through the Commissioner of Reclamation, shall include in the 
     service area of the Central Valley Project authorized under 
     the Central Valley Project Improvement Act (Public Law 102-
     575; 106 Stat. 4706) the area within the boundaries of the 
     Kettleman City Community Services District, California, as 
     those boundaries are defined as of the date of enactment of 
     this Act.
       (b) Long-term Contract.--
       (1) In general.--Notwithstanding the Central Valley Project 
     Improvement Act (Public Law 102-575; 106 Stat. 4706) and 
     subject to paragraph (2), the Secretary, in accordance with 
     the reclamation laws, shall enter into a long-term contract 
     with the Kettleman City Community Services District or the 
     delivery of not more than 900 acre-feet of Central Valley 
     Project water for municipal and industrial use.
       (2) Reduction in contract.--The Secretary may temporarily 
     reduce deliveries of the quantity of water made available 
     under paragraph (1) by not more than 25 percent of the total 
     whenever reductions due to hydrologic circumstances are 
     imposed on agricultural deliveries of Central Valley Project 
     water.
       (c) Additional Cost.--If any additional infrastructure or 
     related costs are needed to implement this section, those 
     costs shall be the responsibility of the non-Federal entity.

     SEC. 721. REGULATORY STREAMLINING.

       (a) Definitions.--In this section:
       (1) CVP.--The term ``CVP'' means the Central Valley 
     Project.
       (2) Project.--The term ``project''--
       (A) means an activity that--
       (i) is undertaken by a public agency, funded by a public 
     agency, or requires the issuance of a permit by a public 
     agency;
       (ii) has a potential to result in a physical change to the 
     environment; and
       (iii) may be subject to several discretionary approvals by 
     governmental agencies;
       (B) may include construction activities, clearing or 
     grading of land, improvements to existing structures, and 
     activities or equipment involving the issuance of a permit; 
     or
       (C) has the meaning given the term defined in section 21065 
     of the California Public Resource Code.
       (b) Applicability of Certain Laws.--The filing of a notice 
     of determination or a notice of exemption for any project, 
     including the issuance of a permit under State law, for any 
     project of the CVP or the delivery of water from the CVP in 
     accordance with the California Environmental Quality Act 
     shall be considered to meet the requirements for that project 
     or permit under section 102(2)(C) of the National 
     Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)).
       (c) Continuation of Project.--The Bureau of Reclamation 
     shall not be required to cease or modify any major Federal 
     action or other activity for any project of the CVP or the 
     delivery of water from the CVP pending completion of judicial 
     review of any determination made under the National 
     Environmental Protection Act of 1969 (42 U.S.C. 4321 et 
     seq.).

               Subtitle B--San Joaquin River Restoration

     SEC. 731. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.

       As of the date of enactment of this Act, the Secretary 
     shall cease any action to implement the Stipulation of 
     Settlement, Natural Resources Defense Council, Inc. v. 
     Rodgers, No. Civ. S-88-1658 LKK/GGH (E.D. Cal. Sept. 13, 
     2006).

     SEC. 732. PURPOSE.

       Section 10002 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1349) is amended 
     by striking ``implementation of the Settlement'' and 
     inserting ``restoration of the San Joaquin River''.

     SEC. 733. DEFINITIONS.

       Section 10003 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1349) is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (2) by striking paragraph (1) and inserting the following:
       ``(1) Critical water year.--The term `critical water year' 
     means a year in which the

[[Page S6644]]

     total unimpaired runoff at Friant Dam is less than 400,000 
     acre-feet, as forecasted as of March 1 of that water year by 
     the California Department of Water Resources.
       ``(2) Restoration flows.--The term `Restoration Flows' 
     means the additional water released or bypassed from Friant 
     Dam to ensure that the target flow entering Mendota Pool, 
     located approximately 62 river miles downstream from Friant 
     Dam, does not fall below a speed of 50 cubic feet per 
     second.''; and
       (3) by striking paragraph (4) (as redesignated by paragraph 
     (1)) and inserting the following:
       ``(4) Water year.--The term `water year' means the period 
     beginning March 1 of a given year and ending on the last day 
     of February of the following calendar year.''.

     SEC. 734. IMPLEMENTATION OF RESTORATION.

       Section 10004 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1350) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``hereby authorized and directed'' and all 
     that follows through ``in the Settlement:'' and inserting 
     ``may carry out the following:'';
       (B) by striking paragraphs (1), (2), (4), and (5);
       (C) by redesignating paragraph (3) as paragraph (1);
       (D) in paragraph (1) (as redesignated by subparagraph (C)), 
     by striking ``paragraph 13 of the Settlement'' and inserting 
     ``this part''; and
       (E) by adding at the end the following :
       ``(2) In each water year, beginning in the water year 
     commencing on March 1, 2013, the Secretary--
       ``(A) shall modify Friant Dam operations to release the 
     Restoration Flows for that water year, unless the year is a 
     critical water year;
       ``(B) shall ensure that--
       ``(i) the release of Restoration Flows are maintained at 
     the level prescribed by this part; and
       ``(ii) Restoration Flows do not reach downstream of Mendota 
     Pool;
       ``(C) shall release the Restoration Flows in a manner that 
     improves the fishery in the San Joaquin River below Friant 
     Dam and upstream of Gravelly Ford, Nevada, as in existence on 
     the date of the enactment of the Sacramento and San Joaquin 
     Valleys Water Reliability Act, including the associated 
     riparian habitat; and
       ``(D) may, without limiting the actions required under 
     subparagraphs (A) and (C) and subject to paragraph (3) and 
     subsection (l), use the Restoration Flows to enhance or 
     restore a warm water fishery downstream of Gravelly Ford, 
     Nevada, including to Mendota Pool, if the Secretary 
     determines that the action is reasonable, prudent, and 
     feasible.
       ``(3) Not later than 1 year after the date of enactment of 
     the Sacramento and San Joaquin Valleys Water Reliability Act, 
     the Secretary shall develop and implement, in cooperation 
     with the State of California, a reasonable plan--
       ``(A) to fully recirculate, recapture, reuse, exchange, or 
     transfer all Restoration Flows; and
       ``(B) to provide the recirculated, recaptured, reused, 
     exchanged, or transferred flows to those contractors within 
     the Friant Division, Hidden Unit, and Buchanan Unit of the 
     Central Valley Project that relinquished the Restoration 
     Flows that were recirculated, recaptured, reused, exchanged, 
     or transferred.
       ``(4) The plan described in paragraph (3) shall--
       ``(A) address any impact on groundwater resources within 
     the service area of the Friant Division, Hidden Unit, and 
     Buchanan Unit of the Central Valley Project and mitigation 
     may include groundwater banking and recharge projects;
       ``(B) not impact the water supply or water rights of any 
     entity outside the Friant Division, Hidden Unit, and Buchanan 
     Unit of the Central Valley Project; and
       ``(C) be subject to applicable provisions of California 
     water law and the use by the Secretary of the Interior of 
     Central Valley Project facilities to make Project water 
     (other than water released from Friant Dam under this part) 
     and water acquired through transfers available to existing 
     south of Delta Central Valley Project contractors.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``the Settlement'' and 
     inserting ``this part''; and
       (B) in paragraph (2), by striking ``the Settlement'' and 
     inserting ``this part'';
       (3) in subsection (c), by striking ``the Settlement'' and 
     inserting ``this part'';
       (4) by striking subsection (d) and inserting the following:
       ``(d) Mitigation of Impacts.--
       ``(1) In general.--Not later than October 1, 2013 and 
     subject to paragraph (2), the Secretary shall identify--
       ``(A) the impacts associated with the release of 
     Restoration Flows prescribed in this part; and
       ``(B) the measures to be implemented to mitigate impacts on 
     adjacent and downstream water users, landowners, and agencies 
     as a result of Restoration Flows.
       ``(2) Mitigation measures.--Before implementing a decision 
     or agreement to construct, improve, operate, or maintain a 
     facility that the Secretary determines is necessary to 
     implement this part, the Secretary shall implement all 
     mitigation measures identified in paragraph (1)(B) before the 
     date on which Restoration Flows are commenced.'';
       (5) in subsection (e), by striking ``the Settlement'' and 
     inserting ``this part'';
       (6) in subsection (f), by striking ``the Settlement and 
     section 10011'' and inserting ``this part'';
       (7) in subsection (g)--
       (A) by striking ``the Settlement and''; and
       (B) by striking ``or exchange contract'' and inserting 
     ``exchange contract, water rights settlement, or holding 
     contract'';
       (8) in subsection (h)--
       (A) by striking ``Interim'' in the header;
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Interim Flows under the Settlement'' and inserting 
     ``Restoration Flows under this part'';
       (ii) in subparagraph (C)--

       (I) in clause (i), by striking ``Interim'' and inserting 
     ``Restoration''; and
       (II) in clause (ii), by inserting ``and'' after the 
     semicolon;

       (iii) in subparagraph (D), by striking ``and'' at the end; 
     and
       (iv) by striking subparagraph (E);
       (C) by striking paragraph (2) and inserting the following:
       ``(2) Conditions for release.--The Secretary may release 
     Restoration Flows to the extent that the flows would not 
     exceed existing downstream channel capacities.'';
       (D) in paragraph (3), by striking ``Interim'' and inserting 
     ``Restoration''; and
       (E) by striking paragraph (4) and inserting the following:
       ``(4) Claims.--Not later than 60 days after the date of 
     enactment of the Sacramento and San Joaquin Valleys Water 
     Reliability Act, the Secretary shall issue, by regulation, a 
     claims process to address claims, including groundwater 
     seepage, flooding, or levee instability damages caused as a 
     result of, arising out of, or related to implementation of 
     this subtitle.'';
       (9) in subsection (i)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the Settlement and parts I and III'' and inserting ``this 
     part'';
       (ii) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (iii) in subparagraph (B)--

       (I) by striking ``additional amounts authorized to be 
     appropriated, including the''; and
       (II) by striking ``; and'' and inserting a period; and

       (iv) by striking subparagraph (C); and
       (B) by striking paragraph (3); and
       (10) by adding at the end the following:
       ``(k) No Impacts on Other Interests.--
       ``(1) In general.--No Central Valley Project or other water 
     (other than San Joaquin River water impounded by or bypassed 
     from Friant Dam) shall be used to implement subsection (a)(2) 
     unless the use is on a voluntary basis.
       ``(2) Involuntary costs.--No cost associated with the 
     implementation of this section shall be imposed directly or 
     indirectly on any Central Valley Project contractor, or any 
     other person or entity, outside the Friant Division, the 
     Hidden Unit, or the Buchanan Unit, unless the cost is 
     incurred on a voluntary basis.
       ``(3) Reduction in water supplies.--The implementation of 
     this part shall not directly or indirectly reduce any water 
     supply or water reliability on any Central Valley Project 
     contractor, any State Water Project contractor, or any other 
     person or entity, outside the Friant Division, the Hidden 
     Unit, or the Buchanan Unit, unless the reduction or cost is 
     incurred on a voluntary basis.
       ``(l) Priority.--Each action taken under this part shall be 
     subordinate to the use by the Secretary of Central Valley 
     Project facilities to make Project water available to Project 
     contractors, other than water released from the Friant Dam 
     under this part.
       ``(m) Applicability.--
       ``(1) In general.--Notwithstanding section 8 of the Act of 
     June 17, 1902 (32 Stat. 390, chapter 1093), except as 
     provided in this part and subtitle D of the Sacramento and 
     San Joaquin Valleys Water Reliability Act, this part--
       ``(A) preempts and supersedes any State law, regulation, or 
     requirement that imposes more restrictive requirements or 
     regulations on the activities authorized under this part; and
       ``(B) does not alter or modify any obligation of the Friant 
     Division, Hidden Unit, and Buchanan Unit of the Central 
     Valley Project, or other water users on the San Joaquin 
     River, or tributaries of the San Joaquin River, under any 
     order issued by the State Water Resources Control Board under 
     the Porter-Cologne Water Quality Control Act (California 
     Water Code section 13000 et seq.).
       ``(2) Applicability.--An order described in paragraph 
     (1)(B) shall be consistent with any congressional 
     authorization for any affected Federal facility relating to 
     the Central Valley Project.
       ``(n) Project Implementation.--Any project to implement 
     this part shall be phased such that each project shall 
     include--
       ``(1) the project purpose and need;
       ``(2) identification of mitigation measures;
       ``(3) appropriate environmental review; and
       ``(4) prior to releasing Restoration Flows under this part 
     the completion of the any required mitigation measures and 
     the completion of the project.''.

[[Page S6645]]

     SEC. 735. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.

       Section 10005 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1353) is 
     amended--
       (1) in subsection (a), by striking ``the Settlement 
     authorized by this part'' and inserting ``this part'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``(1) In general.--The Secretary'' and 
     inserting ``The Secretary''; and
       (ii) by striking ``the Settlement authorized by this part'' 
     and inserting ``this part''; and
       (B) by striking paragraph (2); and
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``the Settlement'' and 
     inserting ``this part'';
       (B) in paragraph (2)--
       (i) by striking ``through the exercise of its eminent 
     domain authority''; and
       (ii) by striking ``the Settlement'' and inserting ``this 
     part''; and
       (C) in paragraph (3), by striking ``section 10009(c)'' and 
     inserting ``section 10009''.

     SEC. 736. COMPLIANCE WITH APPLICABLE LAW.

       Section 10006 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1354) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, unless otherwise 
     provided by this part'' before the period at the end; and
       (B) in paragraph (2), by striking ``the Settlement'' and 
     inserting ``this part'';
       (2) in subsection (b), by inserting ``, unless otherwise 
     provided by this part'' before the period at the end;
       (3) in subsection (c)--
       (A) in paragraph (2), by striking ``section 10004'' and 
     inserting ``this part''; and
       (B) in paragraph (3), by striking ``the Settlement'' and 
     inserting ``this part''; and
       (4) in subsection (d)--
       (A) by inserting ``, including, without limitation, the 
     costs of implementing subsections (d) and (h)(4) of section 
     10004,'' after ``implementing this part''; and
       (B) by striking ``for implementation of the Settlement,''.

     SEC. 737. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT 
                   ACT.

       Section 10007 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1354) is 
     amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``the Settlement'' and inserting ``the 
     enactment of this part''; and
       (B) by inserting: ``and the obligations of the Secretary 
     and all other parties to protect and keep in good condition 
     any fish that may be planted or exist below Friant Dam, 
     including any obligations under section 5937 of the 
     California Fish and Game Code and the public trust doctrine, 
     and those of the Secretary and all other parties under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)'' 
     before ``, provided''; and
       (2) in paragraph (1), by striking ``, as provided in the 
     Settlement''.

     SEC. 738. NO PRIVATE RIGHT OF ACTION.

       Section 10008(a) of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1355) is 
     amended--
       (1) by striking ``not a party to the Settlement''; and
       (2) by striking ``or the Settlement'' and inserting 
     ``unless otherwise provided by this part, but any Central 
     Valley Project long-term water service or repayment 
     contractor within the Friant Division, Hidden unit, or 
     Buchanan unit adversely affected by the failure of the 
     Secretary to comply with section 10004(a)(3) may bring an 
     action against the Secretary for injunctive relief, damages, 
     or both.''.

     SEC. 739. IMPLEMENTATION.

       Section 10009 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1355) is 
     amended--
       (1) in the section heading, by striking ``; SETTLEMENT 
     FUND'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``the Settlement'' the first place it 
     appears and inserting ``this part'';
       (ii) by striking ``, estimated to total'' and all that 
     follows through ``subsection (b)(1),''; and
       (iii) by striking ``; provided however,'' and all that 
     follows through ``$110,000,000 of State funds'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``(A) In general.--The 
     Secretary'' and inserting ``The Secretary''; and
       (ii) by striking subparagraph (B); and
       (C) in paragraph (3)--
       (i) by striking ``Except as provided in the Settlement, 
     to'' and inserting ``To''; and
       (ii) by striking ``this Settlement'' and inserting ``this 
     part'';
       (3) in subsection (b)(1)--
       (A) by striking ``In addition'' and all that follows 
     through ``however, that the'' and inserting ``The'';
       (B) by striking ``such additional appropriations only in 
     amounts equal to''; and
       (C) by striking ``or the Settlement'';
       (4) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the Settlement'' and inserting ``this part'';
       (ii) in subparagraph (C), by striking ``from the sale of 
     water pursuant to the Settlement, or''; and
       (iii) in subparagraph (D), by striking ``the Settlement'' 
     and inserting ``this part'';
       (B) in paragraph (2), by striking ``the Settlement and''; 
     and
       (5) by striking subsections (d) through (f).

     SEC. 740. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT 
                   OF CONSTRUCTION COSTS.

       Section 10010 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1358) is 
     amended--
       (1) in paragraphs (3)(D) and (4)(C) of subsection (a), by 
     striking ``the Settlement and'' each place it appears;
       (2) in subsection (c), by striking paragraph (3);
       (3) in subsection (d)(1), by striking ``the Settlement'' 
     each place it appears and inserting ``this part'';
       (4) in subsection (e)--
       (A) in paragraph (1)--
       (i) by striking ``Interim Flows or Restoration Flows, 
     pursuant to paragraphs 13 or 15 of the Settlement'' and 
     inserting ``Restoration Flows, pursuant to this part'';
       (ii) by striking ``Interim Flows or'' before ``Restoration 
     Flows''; and
       (iii) by striking ``the Interim Flows or Restoration Flows 
     or is intended to otherwise facilitate the Water Management 
     Goal, as described in the Settlement'' and inserting 
     ``Restoration Flows''; and
       (B) in paragraph (2)--
       (i) by striking ``except as provided in paragraph 16(b) of 
     the Settlement''; and
       (ii) by striking ``the Interim Flows or Restoration Flows 
     or to facilitate the Water Management Goal'' and inserting 
     ``Restoration Flows''.

     SEC. 741. REPEAL.

       Section 10011 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1362) is 
     repealed.

     SEC. 742. WATER SUPPLY MITIGATION.

       Section 10202(b) of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1365) is 
     amended--
       (1) in paragraph (1), by striking ``the Interim or 
     Restoration Flows authorized in part I of this subtitle'' and 
     inserting ``Restoration Flows authorized in this part'';
       (2) in paragraph (2), by striking ``the Interim or 
     Restoration Flows authorized in part I of this subtitle'' and 
     inserting ``Restoration Flows authorized in this part''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A), by striking ``meet the Restoration 
     Goal as described in part I of this subtitle'' and inserting 
     ``recover Restoration Flows as described in this part'';
       (B) in subparagraph (C)--
       (i) by striking ``the Interim or Restoration Flows 
     authorized in part I of this subtitle'' and inserting 
     ``Restoration Flows authorized in this part''; and
       (ii) by striking ``, and for ensuring appropriate 
     adjustment in the recovered water account pursuant to section 
     10004(a)(5)''.

     SEC. 743. ADDITIONAL AUTHORITIES.

       Section 10203 of the San Joaquin River Restoration 
     Settlement Act (Public Law 111-11; 123 Stat. 1367) is 
     amended--
       (1) in subsection (b)--
       (A) by striking ``section 10004(a)(4)'' and inserting 
     ``section 10004(a)(3)''; and
       (B) by striking ``, provided'' and all that follows through 
     ``section 10009(f)(2)''; and
       (2) by striking subsection (c).

   Subtitle C--Repayment Contracts and Acceleration of Repayment of 
                           Construction Costs

     SEC. 751. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT 
                   OF CONSTRUCTION COSTS.

       (a) Conversion of Contracts.--
       (1) Certain contracts.--
       (A) In general.--Not later than 1 year after the date 
     enactment of this Act, the Secretary of the Interior, on the 
     request of a contractor, shall convert all existing long-term 
     Central Valley Project contracts entered into under section 
     9(e) of the Act of August 4, 1939 (53 Stat. 1196, chapter 
     418), to a contract under section 9(d) of that Act (53 Stat. 
     1195), under mutually agreeable terms and conditions.
       (B) Restrictions.--A contract converted under subparagraph 
     (A) shall--
       (i) require the repayment, either in lump sum or by 
     accelerated prepayment, of the remaining amount of 
     construction costs identified in the most current version of 
     the Central Valley Project Schedule of Irrigation Capital 
     Allocations by Contractor, as adjusted to reflect payments 
     not reflected in that schedule and properly assignable for 
     ultimate return by the contractor, not later than January 31, 
     2013 (or if made in approximately equal annual installments, 
     not later than January 31, 2016), which amount shall be 
     discounted by the Treasury rate (defined as the 20-year 
     Constant Maturity Treasury rate published by the Department 
     of the Treasury as of October 1, 2012);
       (ii) require that, notwithstanding subsection (c)(2), 
     construction costs or other capitalized costs incurred after 
     the effective date of the converted contract or not reflected 
     in the schedule described in clause (i) and properly 
     assignable to that contractor, shall be repaid--

       (I) in not more than 5 years after the date on which the 
     contractor is notified of the allocation if that amount is a 
     result of a collective annual allocation of capital costs to 
     the contractors exercising contract conversions under this 
     subsection of less than $5,000,000; or
       (II) if the allocation of capital costs described in 
     subclause (I) equal $5,000,000 or more, as provided by 
     applicable reclamation law, subject to the condition that the 
     reference to the amount of $5,000,000 shall not be a 
     precedent in any other context; and

[[Page S6646]]

       (iii) provide that power revenues will not be available to 
     aid in the repayment of construction costs allocated to 
     irrigation under the contract.
       (C) Estimate.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     provide to each contractor an estimate of the remaining 
     amount of construction costs under subparagraph (B)(i) as of 
     January 31, 2013, as adjusted.
       (2) Other contracts.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, on the request of a contractor, the 
     Secretary may convert any Central Valley Project long-term 
     contract entered into under section 9(c)(2) of the Act of 
     August 4, 1939 (chapter 418; 53 Stat. 1194) to a contract 
     under section 9(c)(1) of that Act, under mutually agreeable 
     terms and conditions.
       (B) Restrictions.--A contract converted under subparagraph 
     (A) shall--
       (i) require the repayment in lump sum of the remaining 
     amount of construction costs identified in the most current 
     version of the Central Valley Project Schedule of Municipal 
     and Industrial Water Rates, as adjusted to reflect payments 
     not reflected in that schedule and properly assignable for 
     ultimate return by the contractor, not later than January 31, 
     2016; and
       (ii) require that, notwithstanding subsection (c)(2), 
     construction costs or other capitalized costs incurred after 
     the effective date of the contract or not reflected in the 
     Schedule described in clause (i), and properly assignable to 
     that contractor, shall be repaid--

       (I) in not more than 5 years after the date on which the 
     contractor is notified of the allocation if the amount is a 
     result of a collective annual allocation of capital costs to 
     the contractors exercising contract conversions under this 
     subsection of less than $5,000,000; or
       (II) if the allocation of capital costs described in 
     subclause (I) equal $5,000,000 or more, as provided by 
     applicable reclamation law, subject to the condition that the 
     reference to the amount of $5,000,000 shall not be a 
     precedent in any other context.

       (C) Estimate.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     provide to each contractor an estimate of the remaining 
     amount of construction costs under subparagraph (B)(i) as of 
     January 31, 2016, as adjusted.
       (b) Final Adjustment.--
       (1) In general.--The amounts paid pursuant to subsection 
     (a) shall be subject to adjustment following a final cost 
     allocation by the Secretary of the Interior on completion of 
     the construction of the Central Valley Project.
       (2) Repayment obligation.--
       (A) In general.--If the final cost allocation indicates 
     that the costs properly assignable to the contractor are 
     greater than the amount that has been paid by the contractor, 
     the contractor shall pay the remaining allocated costs.
       (B) Terms.--The term of an additional repayment contract 
     described in subparagraph (A) shall be--
       (i) for not less than 1 year and not more than 10 years; 
     and
       (ii) based on mutually agreeable provisions regarding the 
     rate of repayment of the amount developed by the parties.
       (3) Credits.--If the final cost allocation indicates that 
     the costs properly assignable to the contractor are less than 
     the amount that the contractor has paid, the Secretary of the 
     Interior shall credit the amount of the overpayment as an 
     offset against any outstanding or future obligation of the 
     contractor.
       (c) Applicability of Certain Provisions.--
       (1) In general.--Notwithstanding any repayment obligation 
     under subsection (a)(1)(B)(ii) or subsection (b), on the 
     compliance of a contractor with and discharge of the 
     obligation of repayment of the construction costs under that 
     subsection, the ownership and full-cost pricing limitations 
     of any provision of the reclamation laws shall not apply to 
     land in that district.
       (2) Other contracts.--Notwithstanding any repayment 
     obligation under paragraph (1)(B)(ii) or (2)(B)(ii) of 
     subsection (a) or subsection (b), on the compliance of a 
     contractor with and discharge of the obligation of repayment 
     of the construction costs under that subsection, the 
     contractor shall continue to pay applicable operation and 
     maintenance costs and other charges applicable to the 
     repayment contracts pursuant to then-current rate-setting 
     policy and applicable law.
       (d) Certain Repayment Obligations Not Altered.--This 
     section does not--
       (1) alter the repayment obligation of any other long-term 
     water service or repayment contractor receiving water from 
     the Central Valley Project; or
       (2) shift any costs that would otherwise have been properly 
     assignable to a contractor absent this section, including 
     operations and maintenance costs, construction costs, or 
     other capitalized costs incurred after the date of enactment 
     of this Act, to other contractors.
       (e) Statutory Interpretation.--Nothing in this subtitle 
     affects the right of any long-term contractor to use a 
     particular type of financing to make the payments required in 
     paragraph (1)(B)(i) or (2)(B)(i) of subsection (a).

     Subtitle D--Bay-Delta Watershed Water Rights Preservation and 
                               Protection

     SEC. 761. WATER RIGHTS AND AREA-OF-ORIGIN PROTECTIONS.

       Notwithstanding the provisions of this title, Federal 
     reclamation law, or the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.)--
       (1) the Secretary of the Interior shall, in the operation 
     of the Central Valley Project--
       (A) strictly adhere to State water rights law governing 
     water rights priorities by honoring water rights senior to 
     those belonging to the Central Valley Project, regardless of 
     the source of priority; and
       (B) strictly adhere to and honor water rights and other 
     priorities that are obtained or exist pursuant to the 
     California Water Code, including sections 10505, 10505:5, 
     11128, 11460, 11463, and 12220; and
       (2) any action that affects the diversion of water or 
     involves the release of water from any Central Valley Project 
     water storage facility taken by the Secretary of the Interior 
     or the Secretary of Commerce to conserve, enhance, recover, 
     or otherwise protect any species listed under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be applied 
     in a manner that is consistent with water right priorities 
     established by State law.

     SEC. 762. SACRAMENTO RIVER SETTLEMENT CONTRACTS.

       (a) In General.--In carrying out the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq.) in the Bay-Delta and on the 
     Sacramento River, the Secretary of the Interior and the 
     Secretary of Commerce shall apply any limitations on the 
     operation of the Central Valley Project or relating to the 
     formulation of any reasonable prudent alternative associated 
     with the operation of the Central Valley Project in a manner 
     that strictly adheres to and applies the water rights 
     priorities for project water and base supply as provided in 
     the Sacramento River Settlement Contracts.
       (b) Applicability.--Article 3(i) of the Sacramento River 
     Settlement Contracts shall not be used by the Secretary of 
     the Interior or any other Federal agency head as means to 
     provide shortages that are different from those provided for 
     in Article 5(a) of the Sacramento River Settlement Contracts.

     SEC. 763. SACRAMENTO RIVER WATERSHED WATER SERVICE 
                   CONTRACTORS.

       (a) Existing Central Valley Project Agricultural Water 
     Service Contractors Within Sacramento River Watershed.--In 
     this section, the term ``existing Central Valley Project 
     agricultural water service contractors within the Sacramento 
     River Watershed'' means water service contractors within the 
     Shasta, Trinity, and Sacramento River Divisions of the 
     Central Valley Project that have a water service contract in 
     effect on the date of enactment of this Act that provides 
     water for irrigation.
       (b) Allocation of Water.--Subject to subsection (c) and the 
     absolute priority of the Sacramento River Settlement 
     Contractors to Sacramento River supplies over Central Valley 
     Project diversions and deliveries to other contractors, the 
     Secretary of the Interior shall, in the operation of the 
     Central Valley Project, allocate water provided for 
     irrigation purposes to existing Central Valley Project 
     agricultural water service contractors within the Sacramento 
     River Watershed as follows:
       (1) Not less than 100 percent of the contract quantities in 
     a ``Wet'' year (as that term is defined in the Sacramento 
     Valley Water Year Type (40-30-30) Index).
       (2) Not less than 100 percent of the contract quantities in 
     an ``Above Normal'' year (as that term is defined in the 
     Sacramento Valley Water Year Type (40-30-30) Index).
       (3) Not less than 100 percent of the contract quantities in 
     a ``Below Normal'' year (as that term is defined in the 
     Sacramento Valley Water Year Type (40-30-30) Index).
       (4) Not less than 75 percent of the contract quantities in 
     a ``Dry'' year (as that term is defined in the Sacramento 
     Valley Water Year Type (40-30-30) Index).
       (5) Not less than 50 percent of the contract quantities in 
     a ``Critically Dry'' year (as that term is defined in the 
     Sacramento Valley Water Year Type (40-30-30) Index).
       (c) Protection of Municipal and Industrial Supplies.--
       (1) In general.--Nothing in this section--
       (A) modifies any provision of a water service contract that 
     addresses municipal and industrial water shortage policies of 
     the Secretary of the Interior;
       (B) affects or limits the authority of the Secretary of the 
     Interior--
       (i) to adopt or modify municipal and industrial water 
     shortage policies; or
       (ii) to implement municipal and industrial water shortage 
     policies; or
       (C) affects allocations to Central Valley Project municipal 
     and industrial contractors pursuant to the water shortage 
     policies of the Secretary of the Interior.
       (2) Applicability.--This section does not constrain, 
     govern, or affect, directly or indirectly, the operations of 
     the American River Division of the Central Valley Project or 
     any deliveries from that Division, including the units and 
     facilities of that Division.

     SEC. 764. NO REDIRECTED ADVERSE IMPACTS.

       The Secretary of the Interior shall ensure that there are 
     no redirected adverse water supply or fiscal impacts to the 
     State Water Project or to individuals within the Sacramento 
     River or San Joaquin River watershed arising from the 
     operation of the Secretary of the Central Valley Project to 
     meet

[[Page S6647]]

     legal obligations imposed by or through any Federal or State 
     agency, including--
       (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (2) this title; and
       (3) actions or activities implemented to meet the twin 
     goals of improving water supply and addressing the 
     environmental needs of the Bay-Delta.

                       Subtitle E--Miscellaneous

     SEC. 771. PRECEDENT.

       Congress finds that--
       (1) coordinated operations between the Central Valley 
     Project and the State Water Project, as consented to and 
     requested by the State of California and the Federal 
     Government, require the assertion of Federal supremacy to 
     protect existing water rights throughout the system, a 
     circumstance that is unique to the State of California; and
       (2) this title should not serve as precedent for similar 
     operations in any other State.

                TITLE VIII--REDUCING REGULATORY BURDENS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Reducing Regulatory 
     Burdens Act of 2012''.

     SEC. 802. USE OF AUTHORIZED PESTICIDES.

       Section 3(f) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at 
     the end the following:
       ``(5) Use of authorized pesticides.--Except as provided in 
     section 402(s) of the Federal Water Pollution Control Act (33 
     U.S.C. 1342(s)), the Administrator or a State may not require 
     a permit under that Act for a discharge from a point source 
     into navigable waters of a pesticide authorized for sale, 
     distribution, or use under this Act, or the residue of the 
     pesticide, resulting from the application of the 
     pesticide.''.

     SEC. 803. DISCHARGES OF PESTICIDES.

       Section 402 of the Federal Water Pollution Control Act (33 
     U.S.C. 1342) is amended by adding at the end the following:
       ``(s) Discharges of Pesticides.--
       ``(1) No permit requirement.--Except as provided in 
     paragraph (2), a permit shall not be required by the 
     Administrator or a State under this Act for a discharge from 
     a point source into navigable waters of a pesticide 
     authorized for sale, distribution, or use under the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.), or the residue of the pesticide, resulting from the 
     application of the pesticide.
       ``(2) Exceptions.--Paragraph (1) shall not apply to the 
     following discharges of a pesticide or pesticide residue:
       ``(A) A discharge resulting from the application of a 
     pesticide in violation of a provision of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.) that is relevant to protecting water quality, if--
       ``(i) the discharge would not have occurred but for the 
     violation; or
       ``(ii) the quantity of a pesticide or pesticide residue in 
     the discharge is greater than would have occurred without the 
     violation.
       ``(B) Stormwater discharges subject to regulation under 
     subsection (p).
       ``(C) The following discharges subject to regulation under 
     this section:
       ``(i) Manufacturing or industrial effluent.
       ``(ii) Treatment works effluent.
       ``(iii) Discharges incidental to the normal operation of a 
     vessel, including a discharge resulting from ballasting 
     operations or vessel biofouling prevention.''.

               TITLE IX--FARM DUST REGULATION PREVENTION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Farm Dust Regulation 
     Prevention Act of 2012''.

     SEC. 902. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL 
                   AMBIENT AIR QUALITY STANDARD APPLICABLE TO 
                   COARSE PARTICULATE MATTER.

       Before the date that is 1 year after the date of enactment 
     of this Act, the Administrator of the Environmental 
     Protection Agency (referred to in this title as the 
     ``Administrator'') may not propose, finalize, implement, or 
     enforce any regulation revising the national primary ambient 
     air quality standard or the national secondary ambient air 
     quality standard applicable to particulate matter with an 
     aerodynamic diameter greater than 2.5 micrometers under 
     section 109 of the Clean Air Act (42 U.S.C. 7409).

     SEC. 903. NUISANCE DUST.

       Part A of title I of the Clean Air Act (42 U.S.C. 7401 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, 
                   TRIBAL, AND LOCAL GOVERNMENTS.

       ``(a) Definition of Nuisance Dust.--In this section:
       ``(1) In general.--The term `nuisance dust' means 
     particulate matter that--
       ``(A) is generated primarily from natural sources, unpaved 
     roads, agricultural activities, earth moving, or other 
     activities typically conducted in rural areas;
       ``(B) consists primarily of soil, other natural or 
     biological materials, or some combination of those materials;
       ``(C) is not emitted directly into the ambient air from 
     combustion, such as exhaust from combustion engines and 
     emissions from stationary combustion processes; and
       ``(D) is not comprised of residuals from the combustion of 
     coal.
       ``(2) Exclusion.--The term `nuisance dust' does not include 
     radioactive particulate matter produced from uranium mining 
     or processing.
       ``(b) Applicability.--Except as provided in subsection (c), 
     this Act does not apply to, and references in this Act to 
     particulate matter are deemed to exclude, nuisance dust.
       ``(c) Exception.--Subsection (a) does not apply with 
     respect to any geographical area in which nuisance dust is 
     not regulated under State, tribal, or local law insofar as 
     the Administrator, in consultation with the Secretary of 
     Agriculture, finds that--
       ``(1) nuisance dust (or any subcategory of nuisance dust) 
     causes substantial adverse public health and welfare effects 
     at ambient concentrations; and
       ``(2) the benefits of applying standards and other 
     requirements of this Act to nuisance dust (or a subcategory 
     of nuisance dust) outweigh the costs (including local and 
     regional economic and employment impacts) of applying those 
     standards and other requirements to nuisance dust (or a 
     subcategory).''.

     SEC. 904. SENSE OF CONGRESS.

       It is the sense of Congress that the Administrator should 
     implement an approach to excluding so-called ``exceptional 
     events'', or events that are not reasonably controllable or 
     preventable, from determinations of whether an area is in 
     compliance with any national ambient air quality standard 
     applicable to coarse particulate matter that--
       (1) maximizes transparency and predictability for States, 
     Indian tribes, and local governments; and
       (2) minimizes the regulatory and cost burdens States, 
     Indian tribes, and local governments bear in excluding those 
     events.

     SEC. 905. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT 
                   AND ECONOMIC ACTIVITY IN AGRICULTURE COMMUNITY.

       (a) Definitions.--In this section:
       (1) Covered action.--The term ``covered action'' means any 
     of the following actions taken by the Administrator under the 
     Clean Air Act (42 U.S.C. 7401 et seq.) relating to 
     agriculture and the national primary ambient air quality 
     standard or the national secondary ambient air quality 
     standard for particulate matter:
       (A) Promulgating or issuing a regulation, policy statement, 
     guidance, response to a petition, or other requirement.
       (B) Implementing a new or substantially altered program.
       (2) More than a de minimis negative impact.--The term 
     ``more than a de minimis negative impact'' means--
       (A) with respect to employment levels, a loss of more than 
     100 jobs relating to the agriculture industry, as calculated 
     by excluding consideration of any offsetting job gains that 
     result from the hypothetical creation of new jobs through new 
     technologies or government employment; and
       (B) with respect to economic activity, a decrease in 
     agricultural economic activity of more than $1,000,000 over 
     any calendar year, as calculated by excluding consideration 
     of any offsetting economic activity that results from the 
     hypothetical creation of new economic activity through new 
     technologies or government employment.
       (b) Analysis of Impacts of Actions on Employment and 
     Economic Activity in the Agriculture Community.--
       (1) Analysis.--Before taking a covered action, the 
     Administrator shall analyze the impact, disaggregated by 
     State, of the covered action on--
       (A) employment levels in the agriculture industry; and
       (B) agricultural economic activity, including estimated job 
     losses and decreased economic activity relating to 
     agriculture.
       (2) Economic models.--
       (A) In general.--In carrying out paragraph (1), the 
     Administrator shall use the best available economic models.
       (B) Annual gao report.--Not later than December 31 of each 
     year, the Comptroller General of the United States shall 
     submit to Congress a report on the economic models used by 
     the Administrator to carry out this subsection.
       (3) Availability of information.--With respect to any 
     covered action, the Administrator shall--
       (A) post the analysis under paragraph (1) as a link on the 
     main page of the public Internet website of the Environmental 
     Protection Agency;
       (B) request the Secretary of Agriculture to post the 
     analysis under paragraph (1) as a link on the main page of 
     the public Internet website of the Department of Agriculture; 
     and
       (C) request that the Governor of any State experiencing 
     more than a de minimis negative impact post the analysis on 
     the main page of the public Interest website of the State.
       (c) Public Hearings.--
       (1) In general.--If the Administrator concludes under 
     subsection (a)(1) that a covered action will have more than a 
     de minimis negative impact on agricultural employment levels 
     or agricultural economic activity in a State, the 
     Administrator shall hold a public hearing in each such State 
     at least 30 days before the effective date of the covered 
     action.
       (2) Time, location, and selection.--A public hearing 
     required under paragraph (1) shall be held at--
       (A) a convenient time and location for impacted residents; 
     and
       (B) at such location selected by the Administrator as shall 
     give priority to locations in the State that will experience 
     the greatest number of job losses.

[[Page S6648]]

       (d) Notification.--If the Administrator concludes under 
     subsection (b)(1) that a covered action will have more than a 
     de minimis negative impact on agricultural employment levels 
     or agricultural economic activity in any State, the 
     Administrator shall give notice of the impact to the 
     congressional delegation, Governor, and legislature of the 
     State at least 45 days before the effective date of the 
     covered action.

                     TITLE X--ENERGY TAX PREVENTION

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Energy Tax Prevention Act 
     of 2012''.

     SEC. 1002. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       ``(a) Definition.--In this section, the term `greenhouse 
     gas' means any of the following:
       ``(1) Water vapor.
       ``(2) Carbon dioxide.
       ``(3) Methane.
       ``(4) Nitrous oxide.
       ``(5) Sulfur hexafluoride.
       ``(6) Hydrofluorocarbons.
       ``(7) Perfluorocarbons.
       ``(8) Any other substance subject to, or proposed to be 
     subject to, regulation, action, or consideration under this 
     Act to address climate change.
       ``(b) Limitation on Agency Action.--
       ``(1) Limitation.--
       ``(A) In general.--The Administrator may not, under this 
     Act, promulgate any regulation concerning, take action 
     relating to, or take into consideration the emission of a 
     greenhouse gas to address climate change.
       ``(B) Air pollutant definition.--The definition of the term 
     `air pollutant' in section 302(g) does not include a 
     greenhouse gas. Notwithstanding the previous sentence, such 
     definition may include a greenhouse gas for purposes of 
     addressing concerns other than climate change.
       ``(2) Exceptions.--Paragraph (1) does not prohibit the 
     following:
       ``(A) Notwithstanding paragraph (4)(B), implementation and 
     enforcement of the rule entitled `Light-Duty Vehicle 
     Greenhouse Gas Emission Standards and Corporate Average Fuel 
     Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and 
     without further revision) and finalization, implementation, 
     enforcement, and revision of the proposed rule entitled 
     `Greenhouse Gas Emissions Standards and Fuel Efficiency 
     Standards for Medium- and Heavy-Duty Engines and Vehicles' 
     published at 75 Fed. Reg. 74152 (November 30, 2010).
       ``(B) Implementation and enforcement of section 211(o).
       ``(C) Statutorily authorized Federal research, development, 
     and demonstration programs addressing climate change.
       ``(D) Implementation and enforcement of title VI to the 
     extent such implementation or enforcement only involves one 
     or more class I or class II substances (as such terms are 
     defined in section 601).
       ``(E) Implementation and enforcement of section 821 (42 
     U.S.C. 7651k note) of Public Law 101-549 (commonly referred 
     to as the `Clean Air Act Amendments of 1990').
       ``(3) Inapplicability of provisions.--Nothing listed in 
     paragraph (2) shall cause a greenhouse gas to be subject to 
     part C of title I (relating to prevention of significant 
     deterioration of air quality) or considered an air pollutant 
     for purposes of title V (relating to air permits).
       ``(4) Certain prior agency actions.--The following rules, 
     and actions (including any supplement or revision to such 
     rules and actions) are repealed and shall have no legal 
     effect:
       ``(A) `Mandatory Reporting of Greenhouse Gases', published 
     at 74 Fed. Reg. 56260 (October 30, 2009).
       ``(B) `Endangerment and Cause or Contribute Findings for 
     Greenhouse Gases under section 202(a) of the Clean Air Act' 
     published at 74 Fed. Reg. 66496 (Dec. 15, 2009).
       ``(C) `Reconsideration of the Interpretation of Regulations 
     That Determine Pollutants Covered by Clean Air Act Permitting 
     Programs' published at 75 Fed. Reg. 17004 (April 2, 2010) and 
     the memorandum from Stephen L. Johnson, Environmental 
     Protection Agency (EPA) Administrator, to EPA Regional 
     Administrators, concerning `EPA's Interpretation of 
     Regulations that Determine Pollutants Covered by Federal 
     Prevention of Significant Deterioration (PSD) Permit Program' 
     (Dec. 18, 2008).
       ``(D) `Prevention of Significant Deterioration and Title V 
     Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 
     31514 (June 3, 2010).
       ``(E) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Substantial 
     Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 
     (December 13, 2010).
       ``(F) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Failure to 
     Submit State Implementation Plan Revisions Required for 
     Greenhouse Gases', published at 75 Fed. Reg. 81874 (December 
     29, 2010).
       ``(G) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Federal Implementation 
     Plan', published at 75 Fed. Reg. 82246 (December 30, 2010).
       ``(H) `Action To Ensure Authority To Implement Title V 
     Permitting Programs Under the Greenhouse Gas Tailoring Rule', 
     published at 75 Fed. Reg. 82254 (December 30, 2010).
       ``(I) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program', published at 75 Fed. Reg. 82430 
     (December 30, 2010).
       ``(J) `Limitation of Approval of Prevention of Significant 
     Deterioration Provisions Concerning Greenhouse Gas Emitting-
     Sources in State Implementation Plans; Final Rule', published 
     at 75 Fed. Reg. 82536 (December 30, 2010).
       ``(K) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program; Proposed Rule', published at 75 Fed. 
     Reg. 82365 (December 30, 2010).
       ``(L) Except for action listed in paragraph (2), any other 
     Federal action under this Act occurring before the date of 
     enactment of this section that applies a stationary source 
     permitting requirement or an emissions standard for a 
     greenhouse gas to address climate change.
       ``(5) State action.--
       ``(A) No limitation.--This section does not limit or 
     otherwise affect the authority of a State to adopt, amend, 
     enforce, or repeal State laws and regulations pertaining to 
     the emission of a greenhouse gas.
       ``(B) Exception.--
       ``(i) Rule.--Notwithstanding subparagraph (A), any 
     provision described in clause (ii)--

       ``(I) is not federally enforceable;
       ``(II) is not deemed to be a part of Federal law; and
       ``(III) is deemed to be stricken from the plan described in 
     clause (ii)(I) or the program or permit described in clause 
     (ii)(II), as applicable.

       ``(ii) Provisions defined.--For purposes of clause (i), the 
     term `provision' means any provision that--

       ``(I) is contained in a State implementation plan under 
     section 110 and authorizes or requires a limitation on, or 
     imposes a permit requirement for, the emission of a 
     greenhouse gas to address climate change; or
       ``(II) is part of an operating permit program under title 
     V, or a permit issued pursuant to title V, and authorizes or 
     requires a limitation on the emission of a greenhouse gas to 
     address climate change.

       ``(C) Action by administrator.--The Administrator may not 
     approve or make federally enforceable any provision described 
     in subparagraph (B)(ii).''.

     SEC. 1003. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

       Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is 
     amended by adding at the end the following:
       ``(4) With respect to standards for emissions of greenhouse 
     gases (as defined in section 330) for model year 2017 or any 
     subsequent model year for new motor vehicles and new motor 
     vehicle engines--
       ``(A) the Administrator may not waive application of 
     subsection (a); and
       ``(B) no waiver granted prior to the date of enactment of 
     this paragraph may be considered to waive the application of 
     subsection (a).''.
                                 ______
                                 
  SA 2859. Mr. REID (for Mr. Cardin) proposed an amendment to the bill 
S. 1956, to prohibit operators of civil aircraft of the United States 
from participating in the European Union's emissions trading scheme, 
and for other purposes.

       Beginning on page 5, strike line 14 and all that follows 
     through page 6, line 2, and insert the following:

     SEC. 3. NEGOTIATIONS.

       (a) In General.--The Secretary of Transportation, the 
     Administrator of the Federal Aviation Administration, and 
     other appropriate officials of the United States Government--
       (1) should, as appropriate, use their authority to conduct 
     international negotiations, including using their authority 
     to conduct international negotiations to pursue a worldwide 
     approach to address aircraft emissions, including the 
     environmental impact of aircraft emissions; and
       (2) shall, as appropriate and except as provided in 
     subsection (b), take other actions under existing authorities 
     that are in the public interest necessary to hold operators 
     of civil aircraft of the United States harmless from the 
     emissions trading scheme referred to under section 2.
       (b) Exclusion of Payment of Taxes and Penalties.--Actions 
     taken under subsection (a)(2) may not include the obligation 
     or expenditure of any amounts in the Airport and Airway Trust 
     Fund established under section 9905 of the Internal Revenue 
     Code of 1986, or amounts otherwise made available to the 
     Department of Transportation or any other Federal agency 
     pursuant to appropriations Acts, for the payment of any tax 
     or penalty imposed on an operator of civil aircraft of the 
     United States pursuant to the emissions trading scheme 
     referred to under section 2.
                                 ______
                                 
  SA 2860. Mr. REID (for Mr. Merkley) proposed an amendment to the bill 
S.

[[Page S6649]]

1956, to prohibit operators of civil aircraft of the United States from 
participating in the European Union's emissions trading scheme, and for 
other purposes.

       On page 5, between lines 13 and 14, insert the following:
       (c) Reassessment of Determination of Public Interest.--The 
     Secretary--
       (1) may reassess a determination under subsection (a) that 
     a prohibition under that subsection is in the public interest 
     at any time after making such a determination; and
       (2) shall reassess such a determination after--
       (A) any amendment by the European Union to the EU Directive 
     referred to in subsection (a);
       (B) the adoption of any international agreement pursuant to 
     section 3(1); or
       (C) enactment of a public law or issuance of a final rule 
     after formal agency rulemaking, in the United States to 
     address aircraft emissions.
                                 ______
                                 
  SA 2861. Mr. PRYOR (for Mr. Bingaman) proposed an amendment to the 
bill H.R. 4850, to allow for innovations and alternative technologies 
that meet or exceed desired energy efficiency goals.

       At the end of the bill, add the following:

     SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER 
                   HEATERS.

       Section 325(e) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(e)) is amended by adding at the end the 
     following:
       ``(5) Uniform efficiency descriptor for covered water 
     heaters.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Covered water heater.--The term `covered water 
     heater' means--

       ``(I) a water heater; and
       ``(II) a storage water heater, instantaneous water heater, 
     and unfired water storage tank (as defined in section 340).

       ``(ii) Final rule.--The term `final rule' means the final 
     rule published under this paragraph.
       ``(B) Publication of final rule.--Not later than 180 days 
     after the date of enactment of this paragraph, the Secretary 
     shall publish a final rule that establishes a uniform 
     efficiency descriptor and accompanying test methods for 
     covered water heaters.
       ``(C) Purpose.--The purpose of the final rule shall be to 
     replace with a uniform efficiency descriptor--
       ``(i) the energy factor descriptor for water heaters 
     established under this subsection; and
       ``(ii) the thermal efficiency and standby loss descriptors 
     for storage water heaters, instantaneous water heaters, and 
     unfired water storage tanks established under section 
     342(a)(5).
       ``(D) Effect of final rule.--
       ``(i) In general.--Notwithstanding any other provision of 
     this title, effective beginning on the effective date of the 
     final rule, the efficiency standard for covered water heaters 
     shall be denominated according to the efficiency descriptor 
     established by the final rule.
       ``(ii) Effective date.--The final rule shall take effect 1 
     year after the date of publication of the final rule under 
     subparagraph (B).
       ``(E) Conversion factor.--
       ``(i) In general.--The Secretary shall develop a 
     mathematical conversion factor for converting the measurement 
     of efficiency for covered water heaters from the test 
     procedures in effect on the date of enactment of this 
     paragraph to the new energy descriptor established under the 
     final rule.
       ``(ii) Application.--The conversion factor shall apply to 
     models of covered water heaters affected by the final rule 
     and tested prior to the effective date of the final rule.
       ``(iii) Effect on efficiency requirements.--The conversion 
     factor shall not affect the minimum efficiency requirements 
     for covered water heaters otherwise established under this 
     title.
       ``(iv) Use.--During the period described in clause (v), a 
     manufacturer may apply the conversion factor established by 
     the Secretary to rerate existing models of covered water 
     heaters that are in existence prior to the effective date of 
     the rule described in clause (v)(II) to comply with the new 
     efficiency descriptor.
       ``(v) Period.--Subclause (E) shall apply during the 
     period--

       ``(I) beginning on the date of publication of the 
     conversion factor in the Federal Register; and
       ``(II) ending on April 16, 2015.

       ``(F) Exclusions.--The final rule may exclude a specific 
     category of covered water heaters from the uniform efficiency 
     descriptor established under this paragraph if the Secretary 
     determines that the category of water heaters--
       ``(i) does not have a residential use and can be clearly 
     described in the final rule; and
       ``(ii) are effectively rated using the thermal efficiency 
     and standby loss descriptors applied (as of the date of 
     enactment of this paragraph) to the category under section 
     342(a)(5).
       ``(G) Options.--The descriptor set by the final rule may 
     be--
       ``(i) a revised version of the energy factor descriptor in 
     use as of the date of enactment of this paragraph;
       ``(ii) the thermal efficiency and standby loss descriptors 
     in use as of that date;
       ``(iii) a revised version of the thermal efficiency and 
     standby loss descriptors;
       ``(iv) a hybrid of descriptors; or
       ``(v) a new approach.
       ``(H) Application.--The efficiency descriptor and 
     accompanying test method established under the final rule 
     shall apply, to the maximum extent practicable, to all water 
     heating technologies in use as of the date of enactment of 
     this paragraph and to future water heating technologies.
       ``(I) Participation.--The Secretary shall invite interested 
     stakeholders to participate in the rulemaking process used to 
     establish the final rule.
       ``(J) Testing of alternative descriptors.--In establishing 
     the final rule, the Secretary shall contract with the 
     National Institute of Standards and Technology, as necessary, 
     to conduct testing and simulation of alternative descriptors 
     identified for consideration.
       ``(K) Existing covered water heaters.--A covered water 
     heater shall be considered to comply with the final rule on 
     and after the effective date of the final rule and with any 
     revised labeling requirements established by the Federal 
     Trade Commission to carry out the final rule if the covered 
     water heater--
       ``(i) was manufactured prior to the effective date of the 
     final rule; and
       ``(ii) complied with the efficiency standards and labeling 
     requirements in effect prior to the final rule.''.

     SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                   TEMPERATURE COMMERCIAL REFRIGERATORS.

       Section 342(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(c)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (B) by inserting after subparagraph (B) the following:
       ``(C) The term `service over the counter, self-contained, 
     medium temperature commercial refrigerator' or `(SOC-SC-M)' 
     means a medium temperature commercial refrigerator--
       ``(i) with a self-contained condensing unit and equipped 
     with sliding or hinged doors in the back intended for use by 
     sales personnel, and with glass or other transparent material 
     in the front for displaying merchandise; and
       ``(ii) that has a height not greater than 66 inches and is 
     intended to serve as a counter for transactions between sales 
     personnel and customers.
       ``(D) The term `TDA' means the total display area (ft\2\) 
     of the refrigerated case, as defined in AHRI Standard 
     1200.'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Each SOC-SC-M manufactured on or after January 1, 
     2012, shall have a total daily energy consumption (in 
     kilowatt hours per day) of not more than 0.6 x TDA + 1.0.''.

     SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE 
                   CHANGES.

       (a) Through-the-Wall Central Air Conditioners, Through-the-
     Wall Central Air Conditioning Heat Pumps, and Small Duct, 
     High Velocity Systems.--Section 325(d) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6295(d)) is amended by adding 
     at the end the following:
       ``(4) Standards for through-the-wall central air 
     conditioners, through-the-wall central air conditioning heat 
     pumps, and small duct, high velocity systems.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Small duct, high velocity system.--The term `small 
     duct, high velocity system' means a heating and cooling 
     product that contains a blower and indoor coil combination 
     that--

       ``(I) is designed for, and produces, at least 1.2 inches of 
     external static pressure when operated at the certified air 
     volume rate of 220-350 CFM per rated ton of cooling; and
       ``(II) when applied in the field, uses high velocity room 
     outlets generally greater than 1,000 fpm that have less than 
     6.0 square inches of free area.

       ``(ii) Through-the-wall central air conditioner; through-
     the-wall central air conditioning heat pump.--The terms 
     `through-the-wall central air conditioner' and `through-the-
     wall central air conditioning heat pump' mean a central air 
     conditioner or heat pump, respectively, that is designed to 
     be installed totally or partially within a fixed-size opening 
     in an exterior wall, and--

       ``(I) is not weatherized;
       ``(II) is clearly and permanently marked for installation 
     only through an exterior wall;
       ``(III) has a rated cooling capacity no greater than 30,000 
     Btu/hr;
       ``(IV) exchanges all of its outdoor air across a single 
     surface of the equipment cabinet; and
       ``(V) has a combined outdoor air exchange area of less than 
     800 square inches (split systems) or less than 1,210 square 
     inches (single packaged systems) as measured on the surface 
     area described in subclause (IV).

       ``(iii) Revision.--The Secretary may revise the definitions 
     contained in this subparagraph through publication of a final 
     rule.
       ``(B) Small-duct high-velocity systems.--
       ``(i) Seasonal energy efficiency ratio.--The seasonal 
     energy efficiency ratio for small-duct high-velocity systems 
     shall be not less than--

       ``(I) 11.00 for products manufactured on or after January 
     23, 2006; and
       ``(II) 12.00 for products manufactured on or after January 
     1, 2015.

[[Page S6650]]

       ``(ii) Heating seasonal performance factor.--The heating 
     seasonal performance factor for small-duct high-velocity 
     systems shall be not less than--

       ``(I) 6.8 for products manufactured on or after January 23, 
     2006; and
       ``(II) 7.2 for products manufactured on or after January 1, 
     2015.

       ``(C) Subsequent rulemakings.--The Secretary shall conduct 
     subsequent rulemakings for through-the-wall central air 
     conditioners, through-the-wall central air conditioning heat 
     pumps, and small duct, high velocity systems as part of any 
     rulemaking under this section used to review or revise 
     standards for other central air conditioners and heat 
     pumps.''.
       (b) Duty to Review Commercial Equipment.--Section 342(a)(6) 
     of the Energy Policy and Conservation Act (42 U.S.C. 
     6313(a)(6)) is amended--
       (1) in subparagraph (A)(i), by inserting ``the standard 
     levels or design requirements applicable under that standard 
     to'' immediately before ``any small commercial''; and
       (2) in subparagraph (C)--
       (A) in clause (i)--
       (i) by striking ``Not later than 6 years after issuance of 
     any final rule establishing or amending a standard, as 
     required for a product under this part,'' and inserting 
     ``Every 6 years,''; and
       (ii) by inserting after ``the Secretary shall'' the 
     following: ``conduct an evaluation of each class of covered 
     equipment and shall''; and
       (B) by adding at the end the following:
       ``(vi) For any covered equipment as to which more than 6 
     years has elapsed since the issuance of the most recent final 
     rule establishing or amending a standard for the product as 
     of the date of enactment of this clause, the first notice 
     required under clause (i) shall be published by December 31, 
     2013.''.
       (c) Petition for Amended Standards.--Section 325(n) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295(n)) is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (5); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Notice of decision.--Not later than 180 days after 
     the date of receiving a petition, the Secretary shall publish 
     in the Federal Register a notice of, and explanation for, the 
     decision of the Secretary to grant or deny the petition.
       ``(4) New or amended standards.--Not later than 3 years 
     after the date of granting a petition for new or amended 
     standards, the Secretary shall publish in the Federal 
     Register--
       ``(A) a final rule that contains the new or amended 
     standards; or
       ``(B) a determination that no new or amended standards are 
     necessary.''.

     SEC. 6. TECHNICAL CORRECTIONS.

       (a) Title III of Energy Independence and Security Act of 
     2007--Energy Savings Through Improved Standards for 
     Appliances and Lighting.--
       (1) Section 325(u) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1550)) is amended--
       (A) by redesignating paragraph (7) as paragraph (4); and
       (B) in paragraph (4) (as so redesignated), by striking 
     ``supplies is'' and inserting ``supply is''.
       (2) Section 302(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1551) is amended by striking 
     ``6313(a)'' and inserting ``6314(a)''.
       (3) Section 342(a)(6) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) 
     of the Energy Independence and Security Act of 2007 (121 
     Stat. 1554)) is amended--
       (A) in subparagraph (B)--
       (i) by striking ``If the Secretary'' and inserting the 
     following:
       ``(i) In general.--If the Secretary'';
       (ii) by striking ``clause (ii)(II)'' and inserting 
     ``subparagraph (A)(ii)(II)'';
       (iii) by striking ``clause (i)'' and inserting 
     ``subparagraph (A)(i)''; and
       (iv) by adding at the end the following:
       ``(ii) Factors.--In determining whether a standard is 
     economically justified for the purposes of subparagraph 
     (A)(ii)(II), the Secretary shall, after receiving views and 
     comments furnished with respect to the proposed standard, 
     determine whether the benefits of the standard exceed the 
     burden of the proposed standard by, to the maximum extent 
     practicable, considering--

       ``(I) the economic impact of the standard on the 
     manufacturers and on the consumers of the products subject to 
     the standard;
       ``(II) the savings in operating costs throughout the 
     estimated average life of the product in the type (or class) 
     compared to any increase in the price of, or in the initial 
     charges for, or maintenance expenses of, the products that 
     are likely to result from the imposition of the standard;
       ``(III) the total projected quantity of energy savings 
     likely to result directly from the imposition of the 
     standard;
       ``(IV) any lessening of the utility or the performance of 
     the products likely to result from the imposition of the 
     standard;
       ``(V) the impact of any lessening of competition, as 
     determined in writing by the Attorney General, that is likely 
     to result from the imposition of the standard;
       ``(VI) the need for national energy conservation; and
       ``(VII) other factors the Secretary considers relevant.

       ``(iii) Administration.--

       ``(I) Energy use and efficiency.--The Secretary may not 
     prescribe any amended standard under this paragraph that 
     increases the maximum allowable energy use, or decreases the 
     minimum required energy efficiency, of a covered product.
       ``(II) Unavailability.--

       ``(aa) In general.--The Secretary may not prescribe an 
     amended standard under this subparagraph if the Secretary 
     finds (and publishes the finding) that interested persons 
     have established by a preponderance of the evidence that a 
     standard is likely to result in the unavailability in the 
     United States in any product type (or class) of performance 
     characteristics (including reliability, features, sizes, 
     capacities, and volumes) that are substantially the same as 
     those generally available in the United States at the time of 
     the finding of the Secretary.
       ``(bb) Other types or classes.--The failure of some types 
     (or classes) to meet the criterion established under this 
     subclause shall not affect the determination of the Secretary 
     on whether to prescribe a standard for the other types or 
     classes.''; and
       (B) in subparagraph (C)(iv), by striking ``An amendment 
     prescribed under this subsection'' and inserting 
     ``Notwithstanding subparagraph (D), an amendment prescribed 
     under this subparagraph''.
       (4) Section 342(a)(6)(B)(iii) of the Energy Policy and 
     Conservation Act (as added by section 306(c) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1559)) is 
     transferred and redesignated as clause (vi) of section 
     342(a)(6)(C) of the Energy Policy and Conservation Act (as 
     amended by section 305(b)(2) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1554)).
       (5) Section 345 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6316) (as amended by section 312(e) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1567)) is 
     amended--
       (A) by striking ``subparagraphs (B) through (G)'' each 
     place it appears and inserting ``subparagraphs (B), (C), (D), 
     (I), (J), and (K)'';
       (B) by striking ``part A'' each place it appears and 
     inserting ``part B''; and
       (C) in subsection (a)--
       (i) in paragraph (8), by striking ``and'' at the end;
       (ii) in paragraph (9), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(10) section 327 shall apply with respect to the 
     equipment described in section 340(1)(L) beginning on the 
     date on which a final rule establishing an energy 
     conservation standard is issued by the Secretary, except that 
     any State or local standard prescribed or enacted for the 
     equipment before the date on which the final rule is issued 
     shall not be preempted until the energy conservation standard 
     established by the Secretary for the equipment takes 
     effect.'';
       (D) in subsection (b)(1), by striking ``section 325(p)(5)'' 
     and inserting ``section 325(p)(4)''; and
       (E) in subsection (h)(3), by striking ``section 342(f)(3)'' 
     and inserting ``section 342(f)(4)''.
       (6) Section 321(30)(D)(i)(III) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended 
     by section 321(a)(1)(A) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1574)) is amended by 
     inserting before the semicolon the following: ``or, in the 
     case of a modified spectrum lamp, not less than 232 lumens 
     and not more than 1,950 lumens''.
       (7) Section 321(30)(T) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by 
     section 321(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1574)) is amended--
       (A) in clause (i)--
       (i) by striking the comma after ``household appliance'' and 
     inserting ``and''; and
       (ii) by striking ``and is sold at retail,''; and
       (B) in clause (ii), by inserting ``when sold at retail,'' 
     before ``is designated''.
       (8) Section 325(l)(4)(A) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by 
     section 321(a)(3)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1581)) is amended by striking 
     ``only''.
       (9) Section 327(b)(1)(B) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by 
     section 321(d)(3) of the Energy Independence and Security Act 
     of 2007 (121 Stat. 1585)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (C) by striking clause (iii).
       (10) Section 321(30)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by 
     section 322(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1587)) is amended by inserting a 
     period after ``40 watts or higher''.
       (11) Section 322(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1588) is amended by striking 
     ``6995(i)'' and inserting ``6295(i)''.
       (12) Section 325(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1596) is amended by striking 
     ``6924(c)'' and inserting ``6294(c)''.
       (13) This subsection and the amendments made by this 
     subsection take effect as if included in the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1492).

[[Page S6651]]

       (b) Energy Policy Act of 2005.--
       (1) Section 325(g)(8)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by 
     section 135(c)(2)(B) of the Energy Policy Act of 2005) is 
     amended by striking ``20F'' and inserting ``20F''.
       (2) This subsection and the amendment made by this 
     subsection take effect as if included in the Energy Policy 
     Act of 2005 (Public Law 109-58; 119 Stat. 594).
       (c) Energy Policy and Conservation Act.--
       (1) Section 340(2)(B) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6311(2)(B)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) other motors.''.
       (2) Section 343(a) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6314(a)) is amended by striking ``Air-
     Conditioning and Refrigeration Institute'' each place it 
     appears in paragraphs (4)(A) and (7) and inserting ``Air-
     Conditioning, Heating, and Refrigeration Institute''.
                                 ______
                                 
  SA 2862. Mr. PRYOR (for Mrs. Shaheen) proposed an amendment to the 
bill H.R. 4850, to allow for innovations and alternative technologies 
that meet or exceed desired energy efficiency goals.

       At the end of the bill, add the following:

                 TITLE II--INDUSTRIAL ENERGY EFFICIENCY

     SEC. 201. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY 
                   EFFICIENT TECHNOLOGIES FOR INDUSTRY.

       (a) In General.--As part of the research and development 
     activities of the Industrial Technologies Program of the 
     Department of Energy, the Secretary of Energy (referred to in 
     this title as the ``Secretary'') shall establish, as 
     appropriate, collaborative research and development 
     partnerships with other programs within the Office of Energy 
     Efficiency and Renewable Energy (including the Building 
     Technologies Program), the Office of Electricity Delivery and 
     Energy Reliability, and the Office of Science that--
       (1) leverage the research and development expertise of 
     those programs to promote early stage energy efficiency 
     technology development;
       (2) support the use of innovative manufacturing processes 
     and applied research for development, demonstration, and 
     commercialization of new technologies and processes to 
     improve efficiency (including improvements in efficient use 
     of water), reduce emissions, reduce industrial waste, and 
     improve industrial cost-competitiveness; and
       (3) apply the knowledge and expertise of the Industrial 
     Technologies Program to help achieve the program goals of the 
     other programs.
       (b) Reports.--Not later than 2 years after the date of 
     enactment of this Act and biennially thereafter, the 
     Secretary shall submit to Congress a report that describes 
     actions taken to carry out subsection (a) and the results of 
     those actions.

     SEC. 202. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL 
                   ENERGY EFFICIENCY.

       (a) Definitions.--In this section:
       (1) Industrial energy efficiency.--The term ``industrial 
     energy efficiency'' means the energy efficiency derived from 
     commercial technologies and measures to improve energy 
     efficiency or to generate or transmit electric power and 
     heat, including electric motor efficiency improvements, 
     demand response, direct or indirect combined heat and power, 
     and waste heat recovery.
       (2) Industrial sector.--The term ``industrial sector'' 
     means any subsector of the manufacturing sector (as defined 
     in North American Industry Classification System codes 31-33 
     (as in effect on the date of enactment of this Act)) 
     establishments of which have, or could have, thermal host 
     facilities with electricity requirements met in whole, or in 
     part, by onsite electricity generation, including direct and 
     indirect combined heat and power or waste recovery.
       (b) Report on the Deployment of Industrial Energy 
     Efficiency.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report describing--
       (A) the results of the study conducted under paragraph (2); 
     and
       (B) recommendations and guidance developed under paragraph 
     (3).
       (2) Study.--The Secretary, in coordination with the 
     industrial sector, shall conduct a study of the following:
       (A) The legal, regulatory, and economic barriers to the 
     deployment of industrial energy efficiency in all electricity 
     markets (including organized wholesale electricity markets, 
     and regulated electricity markets), including, as applicable, 
     the following:
       (i) Transmission and distribution interconnection 
     requirements.
       (ii) Standby, back-up, and maintenance fees (including 
     demand ratchets).
       (iii) Exit fees.
       (iv) Life of contract demand ratchets.
       (v) Net metering.
       (vi) Calculation of avoided cost rates.
       (vii) Power purchase agreements.
       (viii) Energy market structures.
       (ix) Capacity market structures.
       (x) Other barriers as may be identified by the Secretary, 
     in coordination with the industrial sector.
       (B) Examples of --
       (i) successful State and Federal policies that resulted in 
     greater use of industrial energy efficiency;
       (ii) successful private initiatives that resulted in 
     greater use of industrial energy efficiency; and
       (iii) cost-effective policies used by foreign countries to 
     foster industrial energy efficiency.
       (C) The estimated economic benefits to the national economy 
     of providing the industrial sector with Federal energy 
     efficiency matching grants of $5,000,000,000 for 5- and 10-
     year periods, including benefits relating to--
       (i) estimated energy and emission reductions;
       (ii) direct and indirect jobs saved or created;
       (iii) direct and indirect capital investment;
       (iv) the gross domestic product; and
       (v) trade balance impacts.
       (D) The estimated energy savings available from increased 
     use of recycled material in energy-intensive manufacturing 
     processes.
       (3) Recommendations and guidance.--The Secretary, in 
     coordination with the industrial sector, shall develop policy 
     recommendations regarding the deployment of industrial energy 
     efficiency, including proposed regulatory guidance to States 
     and relevant Federal agencies to address barriers to 
     deployment.

     SEC. 203. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING 
                   CAPABILITIES IN THE UNITED STATES.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall enter into an 
     arrangement with the National Academy of Sciences under which 
     the Academy shall conduct a study of the development of 
     advanced manufacturing capabilities for various energy 
     technologies, including--
       (1) an assessment of the manufacturing supply chains of 
     established and emerging industries;
       (2) an analysis of--
       (A) the manner in which supply chains have changed over the 
     25-year period ending on the date of enactment of this Act;
       (B) current trends in supply chains; and
       (C) the energy intensity of each part of the supply chain 
     and opportunities for improvement;
       (3) for each technology or manufacturing sector, an 
     analysis of which sections of the supply chain are critical 
     for the United States to retain or develop to be competitive 
     in the manufacturing of the technology;
       (4) an assessment of which emerging energy technologies the 
     United States should focus on to create or enhance 
     manufacturing capabilities; and
       (5) recommendations on leveraging the expertise of energy 
     efficiency and renewable energy user facilities so that best 
     materials and manufacturing practices are designed and 
     implemented.
       (b) Report.--Not later than 2 years after the date on which 
     the Secretary enters into the agreement with the Academy 
     described in subsection (a), the Academy shall submit to the 
     Committee on Energy and Natural Resources of the Senate, the 
     Committee on Energy and Commerce of the House of 
     Representatives, and the Secretary a report describing the 
     results of the study required under this section, including 
     any findings and recommendations.

     SEC. 204. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.

       The Secretary shall establish an advisory steering 
     committee that includes national trade associations 
     representing energy-intensive industries or energy service 
     providers to provide recommendations to the Secretary on 
     planning and implementation of the Industrial Technologies 
     Program of the Department of Energy.

              TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY

     SEC. 301. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

       Section 3307 of title 40, United States Code, is amended--
       (1) by redesignating subsections (d) through (h) as 
     subsections (e) through (i), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Availability of Funds for Design Updates.--
       ``(1) In general.--Subject to paragraph (2), for any 
     project for which congressional approval is received under 
     subsection (a) and for which the design has been 
     substantially completed but construction has not begun, the 
     Administrator of General Services may use appropriated funds 
     to update the project design to meet applicable Federal 
     building energy efficiency standards established under 
     section 305 of the Energy Conservation and Production Act (42 
     U.S.C. 6834) and other requirements established under section 
     3312.
       ``(2) Limitation.--The use of funds under paragraph (1) 
     shall not exceed 125 percent of the estimated energy or other 
     cost savings associated with the updates as determined by a 
     life-cycle cost analysis under section 544 of the National 
     Energy Conservation Policy Act (42 U.S.C. 8254).''.

     SEC. 302. BEST PRACTICES FOR ADVANCED METERING.

       Section 543(e) of the National Energy Conservation Policy 
     Act (42 U.S.C. 8253(e) is

[[Page S6652]]

     amended by striking paragraph (3) and inserting the 
     following:
       ``(3) Plan.--
       ``(A) In general.--Not later than 180 days after the date 
     on which guidelines are established under paragraph (2), in a 
     report submitted by the agency under section 548(a), each 
     agency shall submit to the Secretary a plan describing the 
     manner in which the agency will implement the requirements of 
     paragraph (1), including--
       ``(i) how the agency will designate personnel primarily 
     responsible for achieving the requirements; and
       ``(ii) a demonstration by the agency, complete with 
     documentation, of any finding that advanced meters or 
     advanced metering devices (as those terms are used in 
     paragraph (1)), are not practicable.
       ``(B) Updates.--Reports submitted under subparagraph (A) 
     shall be updated annually.
       ``(4) Best practices report.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary of Energy, in 
     consultation with the Secretary of Defense and the 
     Administrator of General Services, shall develop, and issue a 
     report on, best practices for the use of advanced metering of 
     energy use in Federal facilities, buildings, and equipment by 
     Federal agencies.
       ``(B) Updating.--The report described under subparagraph 
     (A) shall be updated annually.
       ``(C) Components.--The report shall include, at a minimum--
       ``(i) summaries and analysis of the reports by agencies 
     under paragraph (3);
       ``(ii) recommendations on standard requirements or 
     guidelines for automated energy management systems, 
     including--

       ``(I) potential common communications standards to allow 
     data sharing and reporting;
       ``(II) means of facilitating continuous commissioning of 
     buildings and evidence-based maintenance of buildings and 
     building systems; and
       ``(III) standards for sufficient levels of security and 
     protection against cyber threats to ensure systems cannot be 
     controlled by unauthorized persons; and

       ``(iii) an analysis of--

       ``(I) the types of advanced metering and monitoring systems 
     being piloted, tested, or installed in Federal buildings; and
       ``(II) existing techniques used within the private sector 
     or other non-Federal government buildings.''.

     SEC. 303. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION 
                   STANDARD.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended--
       (1) by redesignating the second subsection (f) (as added by 
     section 434(a) of Public Law 110-140 (121 Stat. 1614)) as 
     subsection (g); and
       (2) in subsection (f)(7), by striking subparagraph (A) and 
     inserting the following:
       ``(A) In general.--For each facility that meets the 
     criteria established by the Secretary under paragraph (2)(B), 
     the energy manager shall use the web-based tracking system 
     under subparagraph (B)--
       ``(i) to certify compliance with the requirements for--

       ``(I) energy and water evaluations under paragraph (3);
       ``(II) implementation of identified energy and water 
     measures under paragraph (4); and
       ``(III) follow-up on implemented measures under paragraph 
     (5); and

       ``(ii) to publish energy and water consumption data on an 
     individual facility basis.''.

     SEC. 304. FEDERAL PURCHASE REQUIREMENT.

       Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 
     15852) is amended--
       (1) in subsections (a) and (b)(2), by striking ``electric 
     energy'' each place it appears and inserting ``electric, 
     direct, and thermal energy'';
       (2) in subsection (b)(2)--
       (A) by inserting ``, or avoided by,'' after ``generated 
     from''; and
       (B) by inserting ``(including ground-source, reclaimed, and 
     ground water)''after ``geothermal'';
       (3) by redesignating subsection (d) as subsection (e); and
       (4) by inserting after subsection (c) the following:
       ``(d) Separate Calculation.--Renewable energy produced at a 
     Federal facility, on Federal land, or on Indian land (as 
     defined in section 2601 of the Energy Policy Act of 1992 (25 
     U.S.C. 3501))--
       ``(1) shall be calculated (on a BTU-equivalent basis) 
     separately from renewable energy used; and
       ``(2) may be used individually or in combination to comply 
     with subsection (a).''.

     SEC. 305. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.

       (a) In General.--The Secretary of Energy shall conduct a 
     study on the feasibility of a government-wide data center 
     consolidation, with an overall Federal target of a minimum of 
     800 Federal data center closures by October 1, 2015.
       (b) Coordination.--In conducting the study, the Secretary 
     shall coordinate with Federal data center program managers, 
     facilities managers, and sustainability officers.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that describes the results of the study, including a 
     description of agency best practices in data center 
     consolidation.
                                 ______
                                 
  SA 2863. Mr. PRYOR (for Mr. Durbin) proposed an amendment to S. Res. 
466, calling for the release from prison of former Prime Minister of 
Ukraine Yulia Tymoshenko.

       On page 9, strike lines 1 through 14 and insert the 
     following:
       (2) expresses its deep concern that the politicized nature 
     of prosecutions and detention of Ms. Tymoshenko and other 
     members of her party took place in a country that is 
     scheduled to assume chairmanship of the Organization for 
     Security and Cooperation in Europe (OSCE) in 2013;
       (3) expresses its deep concern that the politicized 
     detention of Ms. Tymoshenko threatens to jeopardize ties 
     between the United States and Ukraine;
       (4) calls for the Government of Ukraine to release Ms. 
     Tymoshenko from her current incarceration based on 
     politicized charges, to provide Ms. Tymoshenko with timely 
     access to medical care, and to conduct the October 
     parliamentary elections in a fair and transparent manner 
     consistent with OSCE standards; and
                                 ______
                                 
  SA 2864. Mr. PRYOR (for Mr. Akaka) proposed an amendment to the bill 
S. 3193, to make technical corrections to the legal description of 
certain land to be held in trust for the Barona Band of Mission 
Indians, and for other purposes.

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Barona Band of Mission 
     Indians Land Transfer Clarification Act of 2012''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the legal description of land previously taken into 
     trust by the United States for the benefit of the Barona Band 
     of Mission Indians may be interpreted to refer to private, 
     nontribal land;
       (2) there is a continued, unresolved disagreement between 
     the Barona Band of Mission Indians and certain off-
     reservation property owners relating to the causes of 
     diminishing native groundwater;
       (3) Congress expresses no opinion, nor should an opinion of 
     Congress be inferred, relating to the disagreement described 
     in paragraph (2); and
       (4) it is the intent of Congress that, if the land 
     described in section 121(b) of the Native American Technical 
     Corrections Act of 2004 (118 Stat. 544) (as amended by 
     section 3) is used to bring water to the Barona Indian 
     Reservation, the effort is authorized only if the effort also 
     addresses water availability for neighboring off-reservation 
     land located along Old Barona Road that is occupied as of the 
     date of enactment of this Act by providing guaranteed access 
     to that water supply at a mutually agreeable site on the 
     southwest boundary of the Barona Indian Reservation.
       (b) Purposes.--The purposes of this Act are--
       (1) to clarify the legal description of the land placed 
     into trust for the Barona Band of Mission Indians in 2004; 
     and
       (2) to remove all doubt relating to the specific parcels of 
     land that Congress has placed into trust for the Barona Band 
     of Mission Indians.

     SEC. 3. LAND TRANSFER.

       Section 121 of the Native American Technical Corrections 
     Act of 2004 (Public Law 108-204; 118 Stat. 544) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Description of Land.--The land referred to in 
     subsection (a) is land comprising approximately 86.87 acres 
     in T. 14 S., R. 1 E., San Bernardino Meridian, San Diego 
     County, California, and described more particularly as 
     follows:
       ``(1) The approximately 69.85 acres located in Section 21 
     and described as--
       ``(A) SW\1/4\ SW\1/4\, excepting the north 475 feet;
       ``(B) W\1/2\ SE\1/4\ SW\1/4\, excepting the north 475 feet;
       ``(C) E\1/2\ SE\1/4\ SW\1/4\, excepting the north 350 feet; 
     and
       ``(D) the portion of W\1/2\ SE\1/4\ that lies southwesterly 
     of the following line: Beginning at the intersection of the 
     southerly line of said SE\1/4\ of Section 21 with the 
     westerly boundary of Rancho Canada De San Vicente Y Mesa Del 
     Padre Barona as shown on United States Government Resurvey 
     approved January 21, 1939, and thence northwesterly along 
     said boundary to an intersection with the westerly line of 
     said SE\1/4\.
       ``(2) The approximately 17.02 acres located in Section 28 
     and described as NW\1/4\ NW\1/4\, excepting the east 750 
     feet.''; and
       (2) by adding at the end the following:
       ``(d) Clarifications.--
       ``(1) Effect on section.--The provisions of subsection (c) 
     shall apply to the land described in subsection (b), as in 
     effect on the day after the date of enactment of the Barona 
     Band of Mission Indians Land Transfer Clarification Act of 
     2012.
       ``(2) Effect on private land.--The parcel of private, non-
     Indian land referenced in subsection (a) and described in 
     subsection (b), as in effect on the day before the date of 
     enactment of the Barona Band of Mission Indians Land Transfer 
     Clarification Act of 2012, but excluded from the revised 
     description of the land in subsection (b) was not intended to 
     be--

[[Page S6653]]

       ``(A) held in trust by the United States for the benefit of 
     the Band; or
       ``(B) considered to be a part of the reservation of the 
     Band.''.
                                 ______
                                 
  SA 2865. Mr. PRYOR (for Mr. Blumenthal) proposed an amendment to the 
bill H.R. 2453, to require the Secretary of the Treasury to mint coins 
in commemoration of Mark Twain.

       On page 7, strike lines 5 through 7 and insert the 
     following:
       (2) One-quarter of the surcharges, to the University of 
     California, Berkeley, California, for the benefit of the Mark 
     Twain Project at the Bancroft Library to support programs to 
     study and promote the legacy of Mark Twain.
       At the end, add the following:

     SEC. 8. NO NET COST.

       The Secretary shall take such actions as may be necessary 
     to ensure that--
       (1) minting and issuing coins under this Act will not 
     result in any net cost to the United States Government; and
       (2) no funds, including applicable surcharges, are 
     disbursed to any recipient designated in section 7 until the 
     total cost of designing and issuing all of the coins 
     authorized by this Act (including labor, materials, dies, use 
     of machinery, overhead expenses, marketing, and shipping) is 
     recovered by the United States Treasury, consistent with 
     sections 5112(m) and 5134(f) of title 31, United States Code.
                                 ______
                                 
  SA 2866. Mr. PRYOR (for Mr. Lieberman) proposed an amendment to S. 
3315, to repeal or modify certain mandates of the Government 
Accountability Office.

       On page 2, line 11, insert ``, the Secretary of the Senate, 
     or the Clerk of the House of Representatives'' after ``House 
     of Representatives''.
       On page 5, line 1, insert ``or the Secretary of the 
     Senate'' after ``the Senate''.
                                 ______
                                 
  SA 2867. Mr. PRYOR (for Mr. Rockefeller) proposed an amendment to the 
bill H.R. 2838, to authorize appropriations for the Coast Guard for 
fiscal years 2013 through 2014, and for other purposes.

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Coast 
     Guard Authorization Act of 2012''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

                         TITLE II--ORGANIZATION

Sec. 201. Coast Guard authority to operate and maintain Coast Guard 
              assets.
Sec. 202. Clarification of Coast Guard ice operations mission.

                          TITLE III--PERSONNEL

Sec. 301. Acquisition workforce expedited hiring authority.
Sec. 302. Officers recommended for promotion.
Sec. 303. Original appointment of permanent commissioned officers.
Sec. 304. Academy pay, allowances, and emoluments.
Sec. 305. Academy policy on sexual harassment and sexual violence.
Sec. 306. Coast Guard auxiliarists enrollment eligibility.

                        TITLE IV--ADMINISTRATION

Sec. 401. Advance procurement funding.
Sec. 402. Multiyear procurement authority for Coast Guard National 
              Security Cutters.
Sec. 403. Requirement to maintain United States polar icebreaking 
              capability.
Sec. 404. National response functions.
Sec. 405. National Response Center notification requirements.
Sec. 406. Conforming amendment.

                    TITLE V--SHIPPING AND NAVIGATION

Sec. 501. Central Bering Sea potential place of refuge.
Sec. 502. Protection and fair treatment of seafarers.

Sec. 503. Delegation of authority.
Sec. 504. Report on establishment of arctic deep water port.
Sec. 505. Risk analysis of transporting Canadian oil sands.
Sec. 506. Eligibility to receive surplus training equipment.

            TITLE VI--MARITIME ADMINISTRATION AUTHORIZATION

Sec. 601. Short title; amendment of title 46, United States Code.
Sec. 602. Marine transportation system.
Sec. 603. Short sea transportation program amendments.
Sec. 604. Maritime environmental and technical assistance program.
Sec. 605. Waiver of navigation and vessel-inspection laws.
Sec. 606. Extension of maritime security fleet program.
Sec. 607. Maritime workforce study.
Sec. 608. Maritime administration vessel recycling contract award 
              practices.
Sec. 609. Requirement for barge design.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Limitation on availability of funds for procurement of 
              alternative fuel.
Sec. 702. Passenger vessel security and safety requirements.
Sec. 703. Oil spill liability trust fund investment amount.
Sec. 704. Vessel determinations.
Sec. 705. Alteration of bridge obstructing navigation.
Sec. 706. Notice of arrival.
Sec. 707. Waivers.
Sec. 708. Budgetary effects.
Sec. 709. Technical amendments.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2013.--Funds are authorized to be 
     appropriated for fiscal year 2013 for necessary expenses of 
     the Coast Guard as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $7,077,783,000 of which $24,500,000 is authorized to be 
     derived from the Oil Spill Liability Trust Fund to carry out 
     the purposes of section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)).
       (2) For the acquisition, construction, rebuilding, 
     renovation, and improvement of aids to navigation, shore and 
     offshore facilities, vessels, and aircraft, including 
     equipment related thereto, $1,421,924,000 of which--
       (A) $20,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)), to remain available until expended;
       (B) $642,000,000 is authorized to acquire, effect major 
     repairs to, renovate, or improve vessels, small boats, and 
     related equipment;
       (C) $289,000,000 is authorized to acquire, effect major 
     repairs to, renovate, or improve aircraft or increase 
     aviation capability;
       (D) $166,140,000 is authorized for other equipment;
       (E) $213,692,000 is authorized for shore facilities, aids 
     to navigation facilities, and military housing, of which not 
     more than $14,000,000 shall be derived from the Coast Guard 
     Housing Fund; and
       (F) $110,192,000 is authorized for personnel compensation 
     and benefits and related costs.
       (3) For research, development, testing, and evaluation of 
     technologies, materials, and human factors directly related 
     to improving the performance of the Coast Guard's mission in 
     search and rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, $19,779,000.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical and dental care of retired personnel and their 
     dependents under chapter 55 of title 10, United States Code, 
     $1,440,157,000, to remain available until expended.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Alteration of Bridges Program, 
     $16,000,000.
       (6) For environmental compliance and restoration functions 
     under chapter 19 of title 14, United States Code, 
     $16,699,000.
       (7) For operation and maintenance of the Coast Guard 
     Reserve program, $136,778,000.
       (b) Fiscal Year 2014.--Funds are authorized to be 
     appropriated for fiscal year 2014 for necessary expenses of 
     the Coast Guard as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $7,077,783,000 of which $24,500,000 is authorized to be 
     derived from the Oil Spill Liability Trust Fund to carry out 
     the purposes of section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)).
       (2) For the acquisition, construction, rebuilding, 
     renovation, and improvement of aids to navigation, shore and 
     offshore facilities, vessels, and aircraft, including 
     equipment related thereto, $1,421,924,000 of which--
       (A) $20,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)), to remain available until expended;
       (B) $642,000,000 is authorized to acquire, effect major 
     repairs, renovate, or improve vessels, small boats, and 
     related equipment;
       (C) $289,000,000 is authorized to acquire, effect major 
     repairs, renovate, or improve aircraft or increase aviation 
     capability;
       (D) $166,140,000 is authorized for other equipment;
       (E) $213,692,000 is authorized for shore facilities, aids 
     to navigation facilities, and military housing, of which not 
     more than $14,000,000 shall be derived from the Coast Guard 
     Housing Fund; and
       (F) $110,192,000 is authorized for personnel compensation 
     and benefits and related costs.
       (3) For research, development, testing, and evaluation of 
     technologies, materials, and human factors directly related 
     to improving the performance of the Coast Guard's mission in 
     search and rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, $19,779,000.

[[Page S6654]]

       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical and dental care of retired personnel and their 
     dependents under chapter 55 of title 10, United States Code, 
     $1,440,157,000 to remain available until expended.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Alteration of Bridges Program, 
     $16,000,000.
       (6) For environmental compliance and restoration functions 
     under chapter 19 of title 14, United States Code, 
     $16,699,000.
       (7) For operation and maintenance of the Coast Guard 
     Reserve program, $136,778,000.

     SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       (a) Fiscal Year 2013.--
       (1) Active duty strength.--The Coast Guard is authorized an 
     end-of-year strength for active duty personnel of 47,000 for 
     the fiscal year ending on September 30, 2013.
       (2) Military training student loads.--For fiscal year 2013, 
     the Coast Guard is authorized average military training 
     student loads as follows:
       (A) For recruit and special training, 2,500 student years.
       (B) For flight training, 165 student years.
       (C) For professional training in military and civilian 
     institutions, 350 student years.
       (D) For officer acquisition, 1,200 student years.
       (b) Fiscal Year 2014.--
       (1) Active duty strength.--The Coast Guard is authorized an 
     end-of-year strength for active duty personnel of 49,350 for 
     the fiscal year ending on September 30, 2014.
       (2) Military training student loads.--For fiscal year 2014, 
     the Coast Guard is authorized average military training 
     student loads as follows:
       (A) For recruit and special training, 2,625 student years.
       (B) For flight training, 173 student years.
       (C) For professional training in military and civilian 
     institutions, 368 student years.
       (D) For officer acquisition, 1,260 student years.

                         TITLE II--ORGANIZATION

     SEC. 201. COAST GUARD AUTHORITY TO OPERATE AND MAINTAIN COAST 
                   GUARD ASSETS.

       (a) In General.--Section 93 of title 14, United States 
     Code, is amended by adding at the end the following:
       ``(e) Operation and Maintenance of Coast Guard Assets and 
     Facilities.--All authority, including programmatic budget 
     authority, for the operation and maintenance of Coast Guard 
     vessels, aircraft, systems, aids to navigation, 
     infrastructure, and any other Coast Guard assets or 
     facilities, shall be allocated to and vested in the Coast 
     Guard and the department in which the Coast Guard is 
     operating.''.

     SEC. 202. CLARIFICATION OF COAST GUARD ICE OPERATIONS 
                   MISSION.

       (a) Coast Guard Provision of Federal Icebreaking 
     Services.--Chapter 5 of title 14, United States Code, is 
     amended by inserting after section 86 the following:

     ``Sec. 87. Provision of icebreaking services

       ``(a) In General.--Notwithstanding any other provision of 
     law, except as provided in subsection (b), the Coast Guard 
     shall be the sole supplier of icebreaking services, on an 
     advancement or reimbursable basis, to each Federal agency 
     that requires icebreaking services.
       ``(b) Exception.--In the event that a Federal agency 
     requires icebreaking services and the Coast Guard is unable 
     to provide the services, the Federal agency may acquire 
     icebreaking services from another entity.''.
       (b) Priority of Coast Guard Missions in Polar Regions.--
       (1) Section 110.--Section 110(b)(2) of the Arctic Research 
     and Policy Act of 1984 (15 U.S.C. 4109(b)(2)) is amended--
       (A) by inserting ``to execute the statutory missions of the 
     Coast Guard and'' after ``needed''; and
       (B) by inserting ``and all budget authority related to such 
     operations'' after ``projects,''.
       (2) Section 312.--Section 312(c) of the Antarctic Marine 
     Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) 
     is amended by inserting ``to execute the statutory missions 
     of the Coast Guard and'' after ``needed''.
       (c) Conforming Amendment.--The table of contents for 
     chapter 5 of title 14, United States Code, is amended by 
     inserting after the item relating to section 86 the 
     following:

``87. Provision of icebreaking services.''.

                          TITLE III--PERSONNEL

     SEC. 301. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

       Section 404 of the Coast Guard Authorization Act of 2010 
     (124 Stat. 2950) is amended--
       (1) in subsection (a)(1), by striking ``as shortage 
     category positions'' and inserting ``as positions for which 
     there is a shortage of candidates or a critical hiring 
     need''; and
       (2) in subsection (b)--
       (A) by striking ``paragraph'' and inserting ``section''; 
     and
       (B) by striking ``2012'' and inserting ``2015''.

     SEC. 302. OFFICERS RECOMMENDED FOR PROMOTION.

       Section 259(c)(1) of title 14, United States Code, is 
     amended by striking ``After selecting'' and inserting ``In 
     selecting''.

     SEC. 303. ORIGINAL APPOINTMENT OF PERMANENT COMMISSIONED 
                   OFFICERS.

       Section 211 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(d) For purposes of this section, the term `original' 
     with respect to the appointment of a member of the Coast 
     Guard refers to the member's most recent appointment in the 
     Coast Guard that is neither a promotion nor a demotion.''.

     SEC. 304. ACADEMY PAY, ALLOWANCES, AND EMOLUMENTS.

       Section 195 of title 14, United States Code, is amended--
       (1) by striking ``person'' each place it appears and 
     inserting ``foreign national''; and
       (2) by striking ``pay and allowances'' each place it 
     appears and inserting ``pay, allowances, and emoluments''.

     SEC. 305. ACADEMY POLICY ON SEXUAL HARASSMENT AND SEXUAL 
                   VIOLENCE.

       (a) Establishment.--Chapter 9 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 200. Policy on sexual harassment and sexual violence

       ``(a) Required Policy.--The Commandant shall direct the 
     Superintendent of the Coast Guard Academy to prescribe a 
     policy on sexual harassment and sexual violence applicable to 
     the cadets and other personnel of the Coast Guard Academy.
       ``(b) Matters to Be Specified in Policy.--The policy on 
     sexual harassment and sexual violence under this section 
     shall include specification of the following:
       ``(1) Programs to promote awareness of the incidence of 
     rape, acquaintance rape, and other sexual offenses of a 
     criminal nature that involve cadets or other Academy 
     personnel.
       ``(2) Information about how the Coast Guard and the Academy 
     will protect the confidentiality of victims, including how 
     any records, statistics, or reports intended for public 
     release will be formatted such that the confidentiality of 
     victims is not jeopardized.
       ``(3) Procedures that a cadet or other Academy personnel 
     should follow in the case of an occurrence of sexual 
     harassment or sexual violence, including--
       ``(A) if the cadet or other Academy personnel chooses to 
     report an occurrence of sexual harassment or sexual violence, 
     a specification of the person or persons to whom the alleged 
     offense should be reported and options for confidential 
     reporting, including written information to be given to 
     victims which explains how the Coast Guard and the Academy 
     will protect the confidentiality of victims;
       ``(B) a specification of any other person whom the victim 
     should contact; and
       ``(C) procedures on the preservation of evidence 
     potentially necessary for proof of criminal sexual assault.
       ``(4) Procedures for disciplinary action in cases of 
     criminal sexual assault involving a cadet or other Academy 
     personnel.
       ``(5) Any other sanction authorized to be imposed in a 
     substantiated case of sexual harassment or sexual violence 
     involving a cadet or other Academy personnel in rape, 
     acquaintance rape, or other criminal sexual offence, whether 
     forcible or nonforcable.
       ``(6) Required training on the policy for all cadets and 
     other Academy personnel who process allegations of sexual 
     harassment or sexual violence involving a cadet or other 
     Academy personnel.
       ``(c) Assessment.--
       ``(1) In general.--The Commandant shall direct the 
     Superintendent to conduct at the Academy during each Academy 
     program year an assessment to determine the effectiveness of 
     the policies of the Academy with respect to sexual harassment 
     and sexual violence involving cadets and other Academy 
     personnel.
       ``(2) Biennial survey.--For the assessment at the Academy 
     under paragraph (1) with respect to an Academy program year 
     that begins in an odd-numbered calendar year, the 
     Superintendent shall conduct a survey of cadets and other 
     Academy personnel--
       ``(A) to measure--
       ``(i) the incidence, during that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have been reported to an official of the 
     Academy; and
       ``(ii) the incidence, during that program year, of sexual 
     harassment and sexual violence, on or off the Academy 
     reservation, that have not been reported to an official of 
     the Academy; and
       ``(B) to assess the perceptions of the cadets and other 
     Academy personnel of--
       ``(i) the policies, training, and procedures on sexual 
     harassment and sexual violence involving cadets and other 
     Academy personnel;
       ``(ii) the enforcement of such policies;
       ``(iii) the incidence of sexual harassment and sexual 
     violence involving cadets and other Academy personnel; and
       ``(iv) any other issues relating to sexual harassment and 
     sexual violence involving cadets and other Academy personnel.
       ``(d) Report.--
       ``(1) In general.--The Commandant shall direct the 
     Superintendent of the Coast Guard Academy to submit to the 
     Commandant a report on sexual harassment and sexual violence 
     involving cadets or other Academy personnel for each Academy 
     program year.
       ``(2) Report specifications.--Each report under paragraph 
     (1) shall include, for the Academy program year covered by 
     the report, the following:
       ``(A) The number of sexual assaults, rapes, and other 
     sexual offenses involving cadets or

[[Page S6655]]

     other Academy personnel that have been reported to Coast 
     Guard Academy officials during the Academy program year and, 
     of those reported cases, the number that have been 
     substantiated.
       ``(B) A plan for the actions that are to be taken in the 
     following Academy program year regarding prevention of and 
     response to sexual harassment and sexual violence involving 
     cadets or other Academy personnel.
       ``(3) Biennial survey.--Each report under paragraph (1) for 
     an Academy year that begins in an odd-numbered calendar year 
     shall include the results of the survey conducted in that 
     Academy program year under subsection (c)(2).
       ``(4) Transmission of report.--The Commandant shall 
     transmit each report received by the Commandant under this 
     subsection, together with the Commandant's comments on the 
     report to--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       ``(5) Focus groups.--
       ``(A) In general.--In each even-numbered calendar year that 
     the Superintendent is not required to conduct a survey at the 
     Academy under subsection (c)(2), the Commandant shall require 
     focus groups to be conducted at the Academy for the purposes 
     of ascertaining information relating to sexual assault and 
     sexual harassment issues at the Academy.
       ``(B) Inclusion in reports.--Information derived from a 
     focus group under subparagraph (A) shall be included in the 
     Commandant's report under this subsection.
       ``(e) Victim Confidentiality.--To the extent that 
     information collected under authority of this section is 
     reported or otherwise made available to the public, such 
     information shall be provided in a form that is consistent 
     with applicable privacy protections under Federal law and 
     does not jeopardize the confidentiality of victims.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 9 of title 14, United States Code, is amended by 
     inserting after the item relating to section 199 the 
     following:

``200. Policy on sexual harassment and sexual violence.''.

     SEC. 306. COAST GUARD AUXILIARISTS ENROLLMENT ELIGIBILITY.

       Section 823 of title 14, United States Code, is amended to 
     read as follows:

     ``Sec. 823. Eligibility, enrollments

       ``The Auxiliary shall be composed of nationals of the 
     United States, as defined in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), and 
     of aliens lawfully admitted for permanent residence, as 
     defined in section 101(a)(20) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(20))--
       ``(1) who are owners, sole or part, of motorboats, yachts, 
     aircraft, or radio stations; or
       ``(2) who by reason of their special training or experience 
     are deemed by the Commandant to be qualified for duty in the 
     Auxiliary, and who may be enrolled therein pursuant to 
     applicable regulations.''.

                        TITLE IV--ADMINISTRATION

     SEC. 401. ADVANCE PROCUREMENT FUNDING.

       With respect to any Coast Guard vessel for which amounts 
     are appropriated or otherwise made available for vessels for 
     the Coast Guard in any fiscal year, the Secretary may enter 
     into a contract or place an order, in advance of a contract 
     or order for construction of a vessel, for--
       (1) materials, parts, components, and effort for the 
     vessel;
       (2) advance construction of parts or components for the 
     vessel;
       (3) protection and storage of materials, parts, or 
     components for the vessel; and
       (4) production planning, design, and other related support 
     services that reduce the overall procurement lead time of the 
     vessel.

     SEC. 402. MULTIYEAR PROCUREMENT AUTHORITY FOR COAST GUARD 
                   NATIONAL SECURITY CUTTERS.

       (a) In General.--Beginning with the fiscal year 2013 
     program year, the Secretary of the department in which the 
     Coast Guard is operating may enter, under section 2306b of 
     title 10, United States Code, into a multiyear contract for 
     the procurement of Coast Guard National Security Cutters and 
     government-furnished equipment associated with the National 
     Security Cutter program.
       (b) Limitation.--The Secretary may not enter into a 
     contract under subsection (a) until--
       (1) the Secretary submits to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a certification that the Secretary has made, 
     with respect to the contract, each of the findings under 
     section 2306b(a) of title 10, United States Code, such as the 
     analysis referred to under subsection (c) of this section; 
     and
       (2) a period of 30 days has elapsed after the date that the 
     Secretary submits the certification under paragraph (1).
       (c) Determination of Substantial Savings.--In conducting an 
     analysis of substantial savings under section 2306b(a)(1) of 
     title 10, United States Code, the Secretary--
       (1) may not limit the analysis to a simple percentage-based 
     metric; and
       (2) shall employ a full-scale analysis of cost avoidance--
       (A) based on a multiyear procurement; and
       (B) taking into account the potential benefit any accrued 
     savings might have for future shipbuilding programs if the 
     cost avoidance savings were subsequently utilized for further 
     ship construction.

     SEC. 403. REQUIREMENT TO MAINTAIN UNITED STATES POLAR 
                   ICEBREAKING CAPABILITY.

       (a) Current Icebreaker Maintenance.--Until new heavy 
     icebreakers are acquired for operation by the Coast Guard, in 
     order to meet Coast Guard mission requirements, the 
     Commandant of the Coast Guard may not--
       (1) transfer, relinquish ownership of, dismantle, or 
     recycle the POLAR SEA or POLAR STAR;
       (2) remove any part of the POLAR SEA unless it will be 
     installed on the POLAR STAR before it is put in ``active'' 
     status and the Commandant certifies to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives that it is not possible for the POLAR STAR 
     to function properly without doing so;
       (3) change the existing homeport of any Coast Guard 
     icebreaker; or
       (4) expend any funds--
       (A) for any expenses directly or indirectly associated with 
     the decommissioning of either of the vessels, including 
     expenses for dock use or other goods and services;
       (B) for any personnel expenses directly or indirectly 
     associated with the decommissioning of either of the vessels, 
     including expenses for a decommissioning officer;
       (C) for any expenses associated with a decommissioning 
     ceremony for either of the vessels;
       (D) to appoint a decommissioning officer to be affiliated 
     with either of the vessels; or
       (E) to place either of the vessels in inactive status.
       (b) Reimbursement.--Nothing in this section shall preclude 
     the Secretary from seeking reimbursement for operation and 
     maintenance costs of the polar icebreakers from other Federal 
     agencies and entities, including foreign governments, that 
     benefit from the use of the polar icebreakers.

     SEC. 404. NATIONAL RESPONSE FUNCTIONS.

       (a) In General.--Section 311 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1321) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (23); and
       (B) redesignating paragraphs (24) through (26) as 
     paragraphs (23) through (25), respectively;
       (2) in subsection (j)(2), by striking ``National Response 
     Unit.'' through ``acting through the National Response Unit'' 
     and inserting the following:
       ``(2) National response functions.--The Secretary of the 
     department in which the Coast Guard is operating--''; and
       (3) in subsection (j)(4)(C)(vi), by striking ``, and into 
     operating procedures of the National Response Unit''.
       (b) Conforming Amendment.--Section 4202(b) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 1321 note) is amended--
       (1) by striking paragraph (2); and
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.

     SEC. 405. NATIONAL RESPONSE CENTER NOTIFICATION REQUIREMENTS.

       The Ohio River Valley Water Sanitation Commission, 
     established pursuant to the Ohio River Valley Water 
     Sanitation Compact authorized by House Joint Resolution 377, 
     74th Congress, agreed to June 8, 1936 (49 Stat. 1490), and 
     consented to and approved by Congress in the Act of July 11, 
     1940 (54 Stat. 752), is deemed a Government agency for 
     purposes of the notification requirements of section 103 of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9603). The National Response 
     Center shall convey notification, including complete and un-
     redacted incident reports, expeditiously to the Commission 
     regarding each release in or affecting the Ohio River Basin 
     for which notification to all appropriate Government agencies 
     is required.

     SEC. 406. CONFORMING AMENDMENT.

       Section 210 of the Coast Guard and Maritime Transportation 
     Act of 2006 (14 U.S.C. 93 note) is repealed.

                    TITLE V--SHIPPING AND NAVIGATION

     SEC. 501. CENTRAL BERING SEA POTENTIAL PLACE OF REFUGE.

       (a) Consultation.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant of the Coast Guard 
     shall consult with appropriate Federal agencies and with 
     State and local interests to determine what improvements, if 
     any, are necessary to designate existing ice-free facilities 
     (or infrastructure) in the Central Bering Sea as a fully 
     functional, year-round Potential Place of Refuge for vessels 
     with drafts up to 25 feet and lengths overall of up to 450 
     feet.
       (b) Purposes.--The purposes of the consultation under 
     subsection (a) shall be to enhance safety of human life at 
     sea and protect the marine environment in the Central Bering 
     Sea.
       (c) Report.--Not later than 90 days after making the 
     determination under subsection (a), the Commandant shall 
     inform the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives in writing of 
     the findings under subsection (a).

     SEC. 502. PROTECTION AND FAIR TREATMENT OF SEAFARERS.

       (a) In General.--Chapter 111 of title 46, United States 
     Code, is amended by adding at the end the following:

[[Page S6656]]

     ``Sec. 11113. Protection and fair treatment of seafarers

       ``(a) Purpose.--The purpose of this section shall be to 
     ensure the protection and fair treatment of seafarers.
       ``(b) Special Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     a special fund known as the Support of Seafarers Fund.
       ``(2) Use of amounts in fund.--The amounts deposited into 
     the Fund shall be available to the Secretary, without fiscal 
     year limitation, to--
       ``(A) pay necessary support under subsection (c)(1); and
       ``(B) reimburse a shipowner for necessary support under 
     subsection (c)(2).
       ``(3) Amounts credited to fund.--Notwithstanding any other 
     provision of law, the Fund may receive--
       ``(A) any moneys ordered to be paid to the Fund in the form 
     of community service under section 8B1.3 of the United States 
     Sentencing Guidelines Manual or to the extent permitted under 
     paragraph (4); and
       ``(B) amounts reimbursed or recovered under subsection (e).
       ``(4) Prerequisite for community service credits.--The Fund 
     may receive credits under paragraph (3)(A) if the unobligated 
     balance of the Fund is less than $5,000,000.
       ``(5) Authorization of appropriation.--There are authorized 
     to be appropriated, from the Fund, for each fiscal year such 
     sums as may be necessary for the purposes set forth in 
     paragraph (2).
       ``(6) Report required.--
       ``(A) In general.--The Secretary shall submit to Congress, 
     concurrent with the President's budget submission for a given 
     fiscal year, a report that describes--
       ``(i) the amounts credited to the Fund under paragraph (3) 
     for the preceding fiscal year;
       ``(ii) in detail, the activities for which amounts were 
     charged; and
       ``(iii) the projected level of expenditures from the Fund 
     for the upcoming fiscal year, based on--

       ``(I) on-going activities; and
       ``(II) new cases, derived from historic data.

       ``(B) Exception.--Subparagraph (A) shall not apply to 
     obligations during the first fiscal year during which amounts 
     are credited to the Fund.
       ``(7) Fund manager.--The Secretary shall designate a Fund 
     manager. The Fund manager shall--
       ``(A) ensure the visibility and accountability of 
     transactions utilizing the Fund;
       ``(B) prepare the report under paragraph (6);
       ``(C) monitor the unobligated balance of the Fund; and
       ``(D) provide notice to the Secretary and the Attorney 
     General whenever the unobligated balance of the Fund is less 
     than $5,000,000.
       ``(c) Authority.--The Secretary may--
       ``(1) pay, from amounts appropriated from the Fund, 
     necessary support of--
       ``(A) a seafarer that--
       ``(i) enters, remains, or is paroled into the United 
     States; and
       ``(ii) is involved in an investigation, reporting, 
     documentation, or adjudication of any matter that is related 
     to the administration or enforcement of any treaty, law, or 
     regulation by the Coast Guard; and
       ``(B) a seafarer that the Secretary determines was 
     abandoned in the United States; and
       ``(2) reimburse, from amounts appropriated from the Fund, a 
     shipowner that has provided necessary support of a seafarer 
     who has been paroled into the United States to facilitate an 
     investigation, reporting, documentation, or adjudication of 
     any matter that is related to the administration or 
     enforcement of any treaty, law, or regulation by the Coast 
     Guard, for the costs of necessary support if the Secretary 
     determines that reimbursement is necessary to avoid serious 
     injustice.
       ``(d) Limitation.--Nothing in this section shall be 
     construed--
       ``(1) to create a right, benefit, or entitlement to 
     necessary support; or
       ``(2) to compel the Secretary to pay or reimburse the cost 
     of necessary support.
       ``(e) Reimbursement; Recovery.--
       ``(1) In general.--A shipowner shall reimburse the Fund an 
     amount equal to the total amount paid from the Fund for 
     necessary support of a seafarer plus a surcharge of 25 
     percent of the total amount if--
       ``(A) the shipowner--
       ``(i) during the course of an investigation, reporting, 
     documentation, or adjudication of any matter that the Coast 
     Guard referred to a United States Attorney or the Attorney 
     General, fails to provide necessary support of a seafarer who 
     was paroled into the United States to facilitate the 
     investigation, reporting, documentation, or adjudication; and
       ``(ii) subsequently receives a criminal penalty; or
       ``(B) the shipowner, under any circumstance, abandons a 
     seafarer in the United States, as determined by the 
     Secretary.
       ``(2) Enforcement.--If a shipowner fails to reimburse the 
     Fund under paragraph (1), the Secretary may--
       ``(A) proceed in rem against any vessel of the shipowner in 
     the Federal district court for the district in which the 
     vessel is found; and
       ``(B) withhold or revoke the clearance required under 
     section 60105 of any vessel of the shipowner wherever the 
     vessel is found.
       ``(3) Remedy.--A vessel may obtain clearance from the 
     Secretary after it is withheld or revoked under paragraph 
     (2)(B) if the shipowner reimburses the Fund the amount 
     required under paragraph (1).
       ``(f) Bond and Surety.--
       ``(1) Authority.--The Secretary may require a bond or a 
     surety satisfactory as an alternative to withholding or 
     revoking clearance under subsection (e) if, in the opinion of 
     the Secretary, the bond or surety satisfactory is necessary 
     to facilitate an investigation, reporting, documentation, or 
     adjudication of any matter that is related to the 
     administration or enforcement of any treaty, law, or 
     regulation by the Coast Guard.
       ``(2) Surety corporations.--A surety corporation may 
     provide a bond or surety satisfactory under paragraph (1) if 
     the surety corporation is authorized by the Secretary of the 
     Treasury under section 9305 of title 31 to provide surety 
     bonds under section 9304 of title 31.
       ``(3) Application.--The authority to require a bond or 
     surety satisfactory or to request the withholding or 
     revocation of the clearance under subsection (e) applies to 
     any investigation, reporting, documentation, or adjudication 
     of any matter that is related to the administration or 
     enforcement of any treaty, law, or regulation by the Coast 
     Guard.
       ``(g) Definitions.--In this section:
       ``(1) Abandons; abandoned.--The term `abandons' or 
     `abandoned' means--
       ``(A) a shipowner's unilateral severance of ties with a 
     seafarer; or
       ``(B) a shipowner's failure to provide necessary support of 
     a seafarer.
       ``(2) Bond or surety satisfactory.--The term `bond or 
     surety satisfactory' means a negotiated instrument, the terms 
     of which may, at the discretion of the Secretary, include 
     provisions that require a shipowner--
       ``(A) to provide necessary support of a seafarer who has or 
     may have information pertinent to an investigation, 
     reporting, documentation, or adjudication of any matter that 
     is related to the administration or enforcement of any 
     treaty, law, or regulation by the Coast Guard;
       ``(B) to facilitate an investigation, reporting, 
     documentation, or adjudication of any matter that is related 
     to the administration or enforcement of any treaty, law, or 
     regulation by the Coast Guard;
       ``(C) to stipulate to certain incontrovertible facts, 
     including the ownership or operation of the vessel, or the 
     authenticity of documents and things from the vessel;
       ``(D) to facilitate service of correspondence and legal 
     papers;
       ``(E) to enter an appearance in United States district 
     court;
       ``(F) to comply with directions regarding payment of funds;
       ``(G) to name an agent in the United States for service of 
     process;
       ``(H) to stipulate in United States district court as to 
     the authenticity of certain documents;
       ``(I) to provide assurances that no discriminatory or 
     retaliatory measures will be taken against a seafarer 
     involved in an investigation, reporting, documentation, or 
     adjudication of any matter that is related to the 
     administration or enforcement of any treaty, law, or 
     regulation by the Coast Guard;
       ``(J) to provide financial security in the form of cash, 
     bond, or other means acceptable to the Secretary; and
       ``(K) to provide for any other appropriate measures as the 
     Secretary considers necessary to ensure the Government is not 
     prejudiced by granting the clearance required under section 
     60105 of title 46.
       ``(3) Fund.--The term `Fund' means the Support of Seafarers 
     Fund established under this section.
       ``(4) Necessary support.--The term `necessary support' 
     means normal wages, lodging, subsistence, clothing, medical 
     care (including hospitalization), repatriation, and any other 
     expense the Secretary considers appropriate.
       ``(5) Seafarer.--The term `seafarer' means an alien crewman 
     who is employed or engaged in any capacity on board a vessel 
     subject to the jurisdiction of the United States. A seafarer 
     is a claimant for the purposes of section 30509.
       ``(6) Shipowner.--The term `shipowner' means an individual 
     or entity that owns, has an ownership interest in, or 
     operates a vessel subject to the jurisdiction of the United 
     States.
       ``(7) Vessel subject to the jurisdiction of the united 
     states.--The term `vessel subject to the jurisdiction of the 
     United States' has the meaning given the term in section 
     70502(c), except that it excludes--
       ``(A) a vessel--
       ``(i) that is owned by the United States, a State or 
     political subdivision thereof, or a foreign nation; and
       ``(ii) that is not engaged in commerce; and
       ``(B) a bareboat--
       ``(i) that is chartered and operated by the United States, 
     a State or political subdivision thereof, or a foreign 
     nation; and
       ``(ii) that is not engaged in commerce.
       ``(h) Regulations.--The Secretary may prescribe regulations 
     to implement this section.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 111 of title 46, United States Code, is amended by 
     inserting after the item relating to section 11112 the 
     following:

``11113. Protection and fair treatment of seafarers.''.

[[Page S6657]]

       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Support of Seafarers Fund 
     $1,500,000 for each of fiscal years 2013 and 2014.

     SEC. 503. DELEGATION OF AUTHORITY.

       Section 3316 of title 46, United States Code, is amended--
       (1) in subsection (b)(2)--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) if the Secretary of State determines that the foreign 
     classification society does not provide comparable services 
     in or for the government of a country designated by the 
     Secretary of State as a State Sponsor of Terrorism.'';
       (2) in subsection (d)(2)--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) if the Secretary of State determines that the foreign 
     classification society does not provide comparable services 
     in or for the government of a country designated by the 
     Secretary of State as a State Sponsor of Terrorism.''; and
       (3) by adding at the end the following--
       ``(e) The Secretary shall revoke an existing delegation 
     made to a classification society under subsection (b) or (d) 
     if the Secretary of State determines that the classification 
     society provides comparable services in or for the government 
     of a country designated by the Secretary of State as a State 
     Sponsor of Terrorism.''.

     SEC. 504. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.

       (a) Study.--The Commandant of the Coast Guard shall conduct 
     a study on the feasibility and potential of establishing a 
     deep water sea port in the Arctic to protect and advance 
     strategic United States interests within the Arctic region.
       (b) Scope.--The study under subsection (a) shall include an 
     analysis of--
       (1) the capability that a deep water sea port would 
     provide;
       (2) the potential and optimum locations for the port;
       (3) the resources needed to establish the port;
       (4) the time frame needed to establish the port;
       (5) the infrastructure required to support the port; and
       (6) any other issues the Secretary considers necessary to 
     complete the study.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commandant shall submit a report 
     on the findings of the study under subsection (a) to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

     SEC. 505. RISK ANALYSIS OF TRANSPORTING CANADIAN OIL SANDS.

       (a) In General.--The Commandant of the Coast Guard shall 
     assess the increased vessel traffic in the Salish Sea 
     (including the Puget Sound, the Strait of Georgia, Haro 
     Strait, Rosario Strait, and the Strait of Juan de Fuca), that 
     may occur from the transport of Canadian oil sands oil.
       (b) Scope.--The analysis required under subsection (a) 
     shall, at a minimum, consider--
       (1) the extent to which vessel (barge, tanker, and 
     supertanker) traffic may increase due to Canadian oil sands 
     development;
       (2) whether transport of Canadian oil sands within the 
     Salish Sea is likely to require navigation through United 
     States territorial waters;
       (3) the rules and regulations that restrict supertanker 
     traffic in United States waters, including an assessment of 
     whether there are methods to bypass those rules in such 
     waterways and adjacent Canadian waters;
       (4) the rules and regulations that restrict the amount of 
     oil transported in tankers or barges in United States waters, 
     including an assessment of whether there are methods to 
     bypass those rules in such waterways and adjacent Canadian 
     waters;
       (5) the spill response capability throughout the shared 
     water of the United States and Canada, including oil spill 
     response planning requirements for vessels bound for one 
     nation transiting through the waters of the other nation;
       (6) the vessel emergency response towing capability at the 
     entrance to the Strait of Juan de Fuca;
       (7) the agreement between the United States and Canada that 
     outlines requirements for laden tank vessels to be escorted 
     by tug boats;
       (8) whether oil extracted from oil sands has different 
     properties from other types of oil, including toxicity and 
     other properties, which may require different maritime clean 
     up technologies;
       (9) a risk assessment of the increasing supertanker, 
     tanker, and barge traffic associated with Canadian oil sands 
     development or expected to be associated with Canadian oil 
     sands development; and
       (10) the potential costs and benefits to the U.S. public 
     and the private sector of maritime transportation of oil 
     sands products.
       (c) Consultation Requirement.--In conducting the analysis 
     required under this section, the Commandant shall consult 
     with the State of Washington and affected tribal governments. 
     The Commandant is also strongly encouraged to consult with 
     the Secretary of State.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Commandant shall submit a report 
     based on the analysis required under this section to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.

     SEC. 506. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT.

       Section 51103(b)(2)(C) of title 46, United States Code, is 
     amended by inserting ``or a training institution that is an 
     instrumentality of a State, Territory, or Commonwealth of the 
     United States or District of Columbia or a unit of local 
     government thereof'' after ``a non-profit training 
     institution''.

            TITLE VI--MARITIME ADMINISTRATION AUTHORIZATION

     SEC. 601. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED STATES 
                   CODE.

       (a) Short Title.--This title may be cited as the ``Maritime 
     Administration Authorization Act for Fiscal Year 2013''.
       (b) Amendment of Title 46, United States Code.--Except as 
     otherwise expressly provided, whenever in this title an 
     amendment or repeal is expressed in terms of an amendment to, 
     or a repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 46, United States Code.

     SEC. 602. MARINE TRANSPORTATION SYSTEM.

       (a) Report on Status of System.--Section 50109(d) is 
     amended to read as follows:
       ``(d) Marine Transportation System.--
       ``(1) Report on waterways.--Not later than October 1, 2013, 
     the Secretary, in consultation with the Secretary of Defense 
     and the commanding officer of the Army Corps of Engineers, 
     and with the concurrence of the Secretary of the department 
     in which the Coast Guard is operating, shall submit a report 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Armed Services and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the status of the Nation's coastal and 
     inland waterways that--
       ``(A) describes the state of the United States' marine 
     transportation infrastructure, including intercoastal 
     infrastructure, intracoastal infrastructure, inland waterway 
     infrastructure, ports, and marine facilities;
       ``(B) provides estimates of the investment levels 
     required--
       ``(i) to maintain the infrastructure; and
       ``(ii) to improve the infrastructure; and
       ``(C) describes the overall environmental management of the 
     maritime transportation system and the integration of 
     environmental stewardship into the overall system.
       ``(2) Marine transportation.--The Secretary may 
     investigate, make determinations concerning, and develop a 
     repository of statistical information relating to marine 
     transportation, including its relationship to transportation 
     by land and air, to facilitate research, assessment, and 
     maintenance of the maritime transportation system. As used in 
     this paragraph, the term `marine transportation' includes 
     intercoastal transportation, intracoastal transportation, 
     inland waterway transportation, ports, and marine facilities.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary to carry out this subsection.''.
       (b) Container-on-barge Transportation.--
       (1) Assessment and report.--Not later than 6 months after 
     the date of enactment of this Act, the Maritime 
     Administration shall assess the potential for using 
     container-on-barge transportation on the inland waterways 
     system and submit a report, together with the 
     Administration's findings, conclusions, and recommendations, 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Armed Services and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives. If the Administration determines that it 
     would be in the public interest, the report may include 
     recommendations for a plan to increase awareness of the 
     potential for use of such container-on-barge transportation 
     and recommendations for the development and implementation of 
     such a plan.
       (2) Factors.--In conducting the assessment, the 
     Administration shall consider--
       (A) the environmental benefits of increasing container-on-
     barge movements on our inland and intracoastal waterways 
     system;
       (B) the regional differences in the inland waterways 
     system;
       (C) the existing programs established at coastal and Great 
     Lakes ports for establishing awareness of deep sea shipping 
     operations;
       (D) the mechanisms to ensure that implementation of the 
     plan will not be inconsistent with antitrust laws; and
       (E) the potential frequency of service at inland river 
     ports.

     SEC. 603. SHORT SEA TRANSPORTATION PROGRAM AMENDMENTS.

       (a) Program Purpose.--Section 55601(a) is amended by 
     inserting ``and to promote more efficient use of the 
     navigable waters of the United States'' after ``congestion''.
       (b) Designation of Routes.--Section 55601(c) is amended by 
     inserting ``and to promote more efficient use of the 
     navigable waters of the United States'' after ``coastal 
     corridors''.

[[Page S6658]]

       (c) Project Designation.--Section 55601(d) is amended to 
     read as follows:
       ``(d) Project Designation.--The Secretary may designate a 
     project as a short sea transportation project if the 
     Secretary determines that the project--
       ``(1) mitigates landside congestion; or
       ``(2) promotes more efficient use of the navigable waters 
     of the United States.''.
       (d) Documentation.--Section 55605 is amended by striking 
     ``by vessel'' and inserting ``by a documented vessel''.

     SEC. 604. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE 
                   PROGRAM.

       (a) In General.--Chapter 503 is amended by adding at the 
     end the following:

     ``Sec. 50307. Maritime environmental and technical assistance 
       program

       ``(a) In General.--The Secretary of Transportation may 
     establish a maritime environmental and technical assistance 
     program to engage in the environmental study, research, 
     development, assessment, and deployment of emerging marine 
     technologies and practices related to the marine 
     transportation system through the use of public vessels under 
     the control of the Maritime Administration or private vessels 
     under Untied States registry, and through partnerships and 
     cooperative efforts with academic, public, private, and non-
     governmental entities and facilities.
       ``(b) Program Requirements.--The program shall--
       ``(1) identify, study, evaluate, test, demonstrate, or 
     improve emerging marine technologies and practices that are 
     likely to achieve environmental improvements by--
       ``(A) reducing air emissions, water emissions, or other 
     ship discharges;
       ``(B) increasing fuel economy or the use of alternative 
     fuels and alternative energy (including the use of shore 
     power); or
       ``(C) controlling aquatic invasive species; and
       ``(2) be coordinated with the Environmental Protection 
     Agency, the United States Coast Guard, and other Federal, 
     State, local, or tribal agencies, as appropriate.
       ``(c) Program Coordination.--Program coordination under 
     subsection (b)(2) may include--
       ``(1) activities that are associated with the development 
     or approval of validation and testing regimes; and
       ``(2) certification or validation of emerging technologies 
     or practices that demonstrate significant environmental 
     benefits.
       ``(d) Funding and Fees.--
       ``(1) In general.--In carrying out the maritime 
     environmental and technical assistance program, the Secretary 
     of Transportation may apply such funds as may be appropriated 
     and such funds or resources as may become available by gift, 
     cooperative agreement, or otherwise, including the collection 
     of fees, for the purposes of the program and its 
     administration.
       ``(2) Establishment of fees.--Pursuant to section 9701 of 
     title 31, the Secretary of Transportation may promulgate 
     regulations establishing fees to recover reasonable costs to 
     the Secretary and to academic, public, and non-governmental 
     entities associated with the program.
       ``(3) Fee deposit.--Any fees collected under this section 
     shall be deposited in a special fund of the United States 
     Treasury for services rendered under the program, which 
     thereafter shall remain available until expended to carry out 
     the Secretary of Transportation's activities for which the 
     fees were collected.
       ``(e) Report.--The Secretary of Transportation shall report 
     on the activities, expenditures, and results of the maritime 
     environmental and technical assistance program during the 
     preceding fiscal year in the annual budget submission to 
     Congress.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 503 is amended by inserting after the item relating 
     to section 50306 the following:

``50307. Maritime environmental and technical assistance program.''.

     SEC. 605. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.

       Section 501(b) is amended by adding ``A waiver shall be 
     accompanied by a certification by the individual and the 
     Administrator to the Committee on Commerce, Science, and 
     Transportation and the Committee on Armed Services of the 
     Senate, and the Committee on Transportation and 
     Infrastructure and the Committee on Armed Services of the 
     House of Representatives that it is not possible to use a 
     United States flag vessel or United States flag vessels 
     collectively to meet the national defense requirements.'' 
     after ``prescribes.''.

     SEC. 606. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.

       (a) Section 53101 is amended--
       (1) by amending paragraph (4) to read as follows:
       ``(4) Foreign commerce.--The term `foreign commerce' 
     means--
       ``(A) commerce or trade between the United States, its 
     territories or possessions, or the District of Columbia, and 
     a foreign country; and
       ``(B) commerce or trade between foreign countries.'';
       (2) by striking paragraph (5);
       (3) by redesignating paragraphs (6) through (13) as 
     paragraphs (5) through (12), respectively; and
       (4) by amending paragraph (5), as redesignated, to read as 
     follows:
       ``(5) Participating fleet vessel.--The term `participating 
     fleet vessel' means any vessel that--
       ``(A) on October 1, 2015--
       ``(i) meets the requirements of paragraph (1), (2), (3), or 
     (4) of section 53102(c); and
       ``(ii) is less than 20 years of age if the vessel is a tank 
     vessel, or is less than 25 years of age for all other vessel 
     types; and
       ``(B) on December 31, 2014, is covered by an operating 
     agreement under this chapter.''.
       (b) Section 53102(b) is amended to read as follows:
       ``(b) Vessel Eligibility.--A vessel is eligible to be 
     included in the Fleet if--
       ``(1) the vessel meets the requirements of paragraph (1), 
     (2), (3), or (4) of subsection (c);
       ``(2) the vessel is operated (or in the case of a vessel to 
     be constructed, will be operated) in providing transportation 
     in foreign commerce;
       ``(3) the vessel is self-propelled and--
       ``(A) is a tank vessel that is 10 years of age or less on 
     the date the vessel is included in the Fleet; or
       ``(B) is any other type of vessel that is 15 years of age 
     or less on the date the vessel is included in the Fleet;
       ``(4) the vessel--
       ``(A) is suitable for use by the United States for national 
     defense or military purposes in time of war or national 
     emergency, as determined by the Secretary of Defense; and
       ``(B) is commercially viable, as determined by the 
     Secretary; and
       ``(5) the vessel--
       ``(A) is a United States-documented vessel; or
       ``(B) is not a United States-documented vessel, but--
       ``(i) the owner of the vessel has demonstrated an intent to 
     have the vessel documented under chapter 121 of this title if 
     it is included in the Fleet; and
       ``(ii) at the time an operating agreement for the vessel is 
     entered into under this chapter, the vessel is eligible for 
     documentation under chapter 121 of this title.''.
       (c) Section 53103 is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Extension of Existing Operating Agreements.--
       ``(1) Offer to extend.--Not later than 60 days after the 
     date of enactment of the Maritime Administration 
     Authorization Act for Fiscal Year 2013, the Secretary shall 
     offer, to an existing contractor, to extend, through 
     September 30, 2025, an operating agreement that is in 
     existence on the date of enactment of that Act. The terms and 
     conditions of the extended operating agreement shall include 
     terms and conditions authorized under this chapter, as 
     amended from time to time.
       ``(2) Time limit.--An existing contractor shall have not 
     later than 120 days after the date the Secretary offers to 
     extend an operating agreement to agree to the extended 
     operating agreement.
       ``(3) Subsequent award.--The Secretary may award an 
     operating agreement to an applicant that is eligible to enter 
     into an operating agreement for fiscal years 2016 through 
     2025 if the existing contractor does not agree to the 
     extended operating agreement under paragraph (2).''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) Procedure for Awarding New Operating Agreements.--The 
     Secretary may enter into a new operating agreement with an 
     applicant that meets the requirements of section 53102(c) 
     (for vessels that meet the qualifications of section 
     53102(b)) on the basis of priority for vessel type 
     established by military requirements of the Secretary of 
     Defense. The Secretary shall allow an applicant at least 30 
     days to submit an application for a new operating agreement. 
     After consideration of military requirements, priority shall 
     be given to an applicant that is a U.S. citizen under section 
     50501 of this title. The Secretary may not approve an 
     application without the consent of the Secretary of Defense. 
     The Secretary shall enter into an operating agreement with 
     the applicant or provide a written reason for denying the 
     application.''.
       (d) Section 53104 is amended--
       (1) in subsection (c), by striking paragraph (3); and
       (2) in subsection (e), by striking ``an operating agreement 
     under this chapter is terminated under subsection (c)(3), or 
     if''.
       (e) Section 53105 is amended--
       (1) by amending subsection (e) to read as follows:
       ``(e) Transfer of Operating Agreements.--A contractor under 
     an operating agreement may transfer the agreement (including 
     all rights and obligations under the operating agreement) to 
     any person that is eligible to enter into the operating 
     agreement under this chapter if the Secretary and the 
     Secretary of Defense determine that the transfer is in the 
     best interests of the United States. A transaction shall not 
     be considered a transfer of an operating agreement if the 
     same legal entity with the same vessels remains the 
     contracting party under the operating agreement.''; and
       (2) by amending subsection (f) to read as follows:
       ``(f) Replacement Vessels.--A contractor may replace a 
     vessel under an operating agreement with another vessel that 
     is eligible to be included in the Fleet under section 
     53102(b), if the Secretary, in conjunction with the Secretary 
     of Defense, approves the replacement of the vessel.''.
       (f) Section 53106 is amended--

[[Page S6659]]

       (1) in subsection (a)(1), by striking ``and (C) $3,100,000 
     for each of fiscal years 2012 through 2025.'' and inserting 
     the following:
       ``(C) $3,100,000 for each of fiscal years 2012, 2013, 2014, 
     2015, 2016, 2017, and 2018;
       ``(D) $3,500,000 for each of fiscal years 2019, 2020, and 
     2021; and
       ``(E) $3,700,000 for each of fiscal years 2022, 2023, 2024, 
     and 2025.'';
       (2) in subsection (c)(3)(C), by striking ``a LASH vessel.'' 
     and inserting ``a lighter aboard ship vessel.''; and
       (3) by striking subsection (f).
       (g) Section 53107(b)(1) is amended to read as follows:
       ``(1) In general.--An Emergency Preparedness Agreement 
     under this section shall require that a contractor for a 
     vessel covered by an operating agreement under this chapter 
     shall make commercial transportation resources (including 
     services) available, upon request by the Secretary of Defense 
     during a time of war or national emergency, or whenever the 
     Secretary of Defense determines that it is necessary for 
     national security or contingency operation (as that term is 
     defined in section 101 of title 10, United States Code).''.
       (h) Section 53109 is repealed.
       (i) Section 53111 is amended--
       (1) by striking ``and'' at the end of paragraph (2); and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) $186,000,000 for each of fiscal years 2012, 2013, 
     2014, 2015, 2016, 2017, and 2018;
       ``(4) $210,000,000 for each of fiscal years 2019, 2020, and 
     2021; and
       ``(5) $222,000,000 for each fiscal year thereafter through 
     fiscal year 2025.''.
       (j) Authorization of Appropriations; Maintenance and Repair 
     Reimbursement Pilot Program.--Section 3517(i) of the Maritime 
     Security Act of 2003 (46 U.S.C. 53101 note) is amended by 
     striking ``2011'' and inserting ``2025''.
       (k) Effective Date of Amendments.--The amendments made by--
       (1) paragraphs (2), (3), and (4) of section 606(a) of this 
     Act take effect on December 31, 2014; and
       (2) section 606(f)(2) of this Act take effect on December 
     31, 2014.

     SEC. 607. MARITIME WORKFORCE STUDY.

       (a) Training Study.--The Comptroller General of the United 
     States shall conduct a study on the training needs of the 
     maritime workforce.
       (b) Study Components.--The study shall--
       (1) analyze the impact of training requirements imposed by 
     domestic and international regulations and conventions, 
     companies, and government agencies that charter or operate 
     vessels;
       (2) evaluate the ability of the Nation's maritime training 
     infrastructure to meet the current needs of the maritime 
     industry;
       (3) evaluate the ability of the Nation's maritime training 
     infrastructure to effectively meet the needs of the maritime 
     industry in the future;
       (4) identify trends in maritime training;
       (5) compare the training needs of U.S. mariners with the 
     vocational training and educational assistance programs 
     available from Federal agencies to evaluate the ability of 
     Federal programs to meet the training needs of U.S. mariners;
       (6) include recommendations for future programs to enhance 
     the capabilities of the Nation's maritime training 
     infrastructure; and
       (7) include recommendations for future programs to assist 
     U.S. mariners and those entering the maritime profession 
     achieve the required training.
       (c) Final Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report on the results of the study to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. 608. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT 
                   AWARD PRACTICES.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Transportation shall conduct an assessment of 
     the source selection procedures and practices used to award 
     the Maritime Administration's National Defense Reserve Fleet 
     vessel recycling contracts. The Inspector General shall 
     assess the process, procedures, and practices used for the 
     Maritime Administration's qualification of vessel recycling 
     facilities. The Inspector General shall report the findings 
     to the Committee on Commerce, Science, and Transportation and 
     the Committee on Armed Services of the Senate, and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Armed Services of the House of Representatives.
       (b) Assessment.--The assessment under subsection (a) shall 
     include a review of whether the Maritime Administration's 
     contract source selection procedures and practices are 
     consistent with law, the Federal Acquisition Regulations 
     (FAR), and Federal best practices associated with making 
     source selection decisions.
       (c) Considerations.--In making the assessment under 
     subsection (a), the Inspector General may consider any other 
     aspect of the Maritime Administration's vessel recycling 
     process that the Inspector General deems appropriate to 
     review.

     SEC. 609. REQUIREMENT FOR BARGE DESIGN.

       Not later than 9 months after the date of enactment of this 
     Act, the Administrator of the Maritime Administration shall 
     complete the design for a containerized articulated barge 
     identified in the Dual Use Vessel Study carried out by the 
     Administrator and the Secretary of Defense that is able to 
     utilize roll-on, roll-off or load-on, load-off technology for 
     use in marine highway maritime commerce.

                        TITLE VII--MISCELLANEOUS

     SEC. 701. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT 
                   OF ALTERNATIVE FUEL.

       None of the funds authorized to be appropriated by this Act 
     or otherwise made available during fiscal year 2013 or 2014 
     for the Coast Guard may be obligated or expended for the 
     production or purchase of any alternative fuel if the cost of 
     producing or purchasing the alternative fuel exceeds the cost 
     of producing or purchasing a traditional fossil fuel that 
     would be used for the same purpose as the alternative fuel.

     SEC. 702. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.

       (a) Vessel Design, Equipment, Construction, and 
     Retrofitting Requirements.--Section 3507(a) of title 46, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``to which this subsection applies'' and inserting ``to which 
     this section applies'';
       (B) in subparagraph (A)--
       (i) by striking ``The vessel'' and inserting ``Each 
     exterior deck of a vessel''; and
       (ii) by striking the period at the end and inserting 
     ``unless the height requirement would interfere with the 
     deployment of a lifesaving device or other emergency 
     equipment as identified by the Commandant.''; and
       (C) in subparagraph (B), by striking ``entry doors that 
     include peep holes or other means of visual identification.'' 
     and inserting ``an entry door that includes a peep hole or 
     other means of visual identification that provides an 
     unobstructed view of the area outside the stateroom or crew 
     cabin. For purposes of this subparagraph, the addition of an 
     optional privacy cover on the interior side of the entry 
     shall not in and of itself constitute an obstruction.''; and
       (2) in paragraph (3)--
       (A) by striking ``subparagraph (B)'' in subparagraph (A) 
     and inserting ``subparagraphs (B) and (C)''; and
       (B) by adding at the end the following:
       ``(C) Ship rail, entry door, and technology requirements.--
     The requirements of subparagraphs (A) and (B) of paragraph 
     (1) take effect on the date of enactment of the Coast Guard 
     Authorization Act of 2012.''.
       (b) Video Recording.--Section 3507(b)(1) of title 46, 
     United States Code, is amended to read as follows:
       ``(1) Requirement to maintain surveillance.--
       ``(A) In general.--The owner of a vessel to which this 
     section applies shall maintain a video surveillance system to 
     assist in documenting crimes on the vessel and in providing 
     evidence for the prosecution of such crimes, as determined by 
     the Secretary.
       ``(B) Assessment.--Not later than 120 days after the date 
     of enactment of the Coast Guard Authorization Act of 2012, 
     the owner of a vessel to which this section applies shall 
     perform and submit to the Commandant a criminal and passenger 
     safety risk assessment to determine the appropriate placement 
     of video surveillance equipment on the vessel. The assessment 
     shall require consideration of camera placement in areas 
     where video surveillance may assist in documenting crimes on 
     the vessel and in providing evidence of such crimes. The 
     assessment shall make recommendations as to the appropriate 
     placement of video surveillance equipment throughout the 
     vessel, including passenger and crew common areas where there 
     is no expectation of privacy, as to the frequency or 
     infrequency of crimes in areas of the vessel, and as to the 
     use of cameras in areas of perceived higher risk. The 
     Commandant shall have authority to review, modify, and 
     require modifications to the assessment to provide for 
     additional video coverage of a vessel.
       ``(C) Interim retention requirements.--The owner of a 
     vessel to which this section applies shall retain all video 
     images for a voyage for not less than 10 days after the date 
     that the images are recorded. If an incident described in 
     subsection (g)(3)(A)(i) is alleged and reported to law 
     enforcement, all video images for a voyage that the Federal 
     Bureau of Investigation determines relevant shall--
       ``(i) be provided to the Federal Bureau of Investigation; 
     and
       ``(ii) be preserved by the vessel owner for not less than 3 
     years from the date of the Federal Bureau of Investigation's 
     determination.
       ``(D) Retention requirements.--Not later than 3 years after 
     the date of enactment of the Coast Guard Authorization Act of 
     2012, the Commandant, in consultation with the Federal Bureau 
     of Investigation, shall promulgate standards for the 
     retention of video surveillance records. The Commandant shall 
     consider factors that would aid in the investigation of 
     serious crimes, including crimes that go unreported until 
     after the completion of a voyage. The Commandant shall 
     consider the different types of video surveillance systems 
     and storage requirements in creating standards both for 
     vessels currently in operation and for vessels newly 
     built.''.
       (c) Sexual Assault.--Section 3507(d)(1) of title 46, United 
     States Code, is amended by

[[Page S6660]]

     inserting ``(taking into consideration the length of the 
     voyage and the number of passengers and crewmembers that the 
     vessel can accommodate)'' after ``a sexual assault''.
       (d) Crew Access to Passenger Staterooms.--Section 
     3507(f)(2) of title 46, United States Code, is amended by 
     striking ``are fully and properly implemented and 
     periodically reviewed.'' and inserting ``are fully and 
     properly implemented, reviewed annually, and updated as 
     necessary.''.
       (e) Log Book and Reporting Requirements.--Section 3507(g) 
     of title 46, United States Code, is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--The owner of a vessel to which this 
     section applies shall--
       ``(A) record in a log book, either electronically or 
     otherwise, a report on--
       ``(i) all complaints of crimes described in paragraph 
     (3)(A)(i);
       ``(ii) all complaints of theft of property valued in excess 
     of $1,000; and
       ``(iii) all complaints of other crimes committed on any 
     voyage that embarks or disembarks passengers in the United 
     States; and
       ``(B) make the log book and all entries therein available, 
     whether the log book and entries are maintained onboard the 
     vessel or at a centralized location off the vessel, upon 
     request to--
       ``(i) any agent of the Federal Bureau of Investigation 
     performing official duties in the course and scope of an 
     investigation;
       ``(ii) any member of the United States Coast Guard 
     performing official duties in the course and scope of an 
     investigation; and
       ``(iii) any law enforcement officer performing official 
     duties in the course and scope of an investigation.'';
       (2) in paragraph (3)(A)--
       (A) in clause (i), by striking ``as soon as possible after 
     the occurrence on board the vessel of an incident'' and 
     inserting ``not later than 24 hours after the vessel is 
     notified of an incident on board the vessel''; and
       (B) in clause (ii), by striking ``the incident'' and 
     inserting ``each incident under clause (i), including the 
     details under paragraph (2),''; and
       (3) in paragraph (4)--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) Website.--
       ``(i) In general.--The Secretary shall maintain a 
     statistical compilation of all incidents described in 
     paragraph (3)(A)(i) on an Internet site that provides a 
     numerical accounting of the missing persons and alleged 
     crimes recorded in each report filed under paragraph 
     (3)(A)(i). Each such incident shall be included in the 
     statistical compilation regardless of whether the incident is 
     under investigation by the Federal Bureau of Investigation or 
     not, unless the Bureau determines through the investigative 
     process the report to be unfounded. If determined to be 
     unfounded, the incident shall not be included in the 
     statistical compilation or shall be removed when the 
     determination is made. The data shall be updated no less 
     frequently than quarterly, aggregated by cruise line, each 
     cruise line shall be identified by name and each crime and 
     alleged crime shall be identified as to whether it was 
     committed or allegedly committed by a passenger or crew 
     member and against a passenger or crew member. The Secretary 
     shall also include on the Internet site a rate of crime, 
     comparable to that provided under the Uniform Crime Reporting 
     Program, as determined by the Federal Bureau of 
     Investigation. The rate shall take into account the total 
     number of passengers and crew members carried by each 
     reporting cruise line on voyages that embark or disembark in 
     the United States during the reporting period, and shall be 
     adjusted by the Bureau to reflect the average length of time 
     such persons were on board, as documented to the Secretary by 
     each reporting cruise line.
       ``(ii) Definition of unfounded.--For purposes of this 
     subparagraph, the term `unfounded' means an allegation that 
     is determined through the course of an investigation to be 
     false or baseless.'';
       (B) by redesignating subparagraph (B) as subparagraph (C);
       (C) by inserting after subparagraph (A) the following:
       ``(B) Reports of incidents.--The Federal Bureau of 
     Investigation shall furnish quarterly to the Secretary, the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Judiciary of the Senate, and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Judiciary of the House of Representatives a numerical 
     accounting of each incident reported to a Federal Bureau of 
     Investigation Field Office under paragraph (3)(A)(i) that 
     quarter.''; and
       (D) in subparagraph (C), as redesignated--
       (i) by striking ``taking on or discharging'' and inserting 
     ``that takes on or discharges''; and
       (ii) by striking ``a link'' and inserting ``, on any 
     Internet site that the cruise line maintains to purchase or 
     book cruises on any vessel that the cruise line owns or 
     operates, and to which this section applies, a prominently 
     accessible link''.
       (f) Procedures.--Section 3507(i) of title 46, United States 
     Code, is amended by striking ``Within 6 months after the date 
     of enactment of the Cruise Vessel Security and Safety Act of 
     2010, the'' and inserting ``The''.
       (g) Regulations.--Section 3507(j) of title 46, United 
     States Code, is amended by striking ``shall each'' and 
     inserting ``are authorized each to''.
       (h) Definitions.--Section 3507(l) of title 46, United 
     States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting before paragraph (3), as redesignated, the 
     following:
       ``(2) Exterior deck.--The term `exterior deck' means any 
     exterior weather deck on which a passenger may be present, 
     including passenger stateroom balconies, exterior promenades 
     on passenger decks, muster stations, and similar exterior 
     weather deck areas.''; and
       (3) by adding at the end the following:
       ``(4) Time-sensitive key technology.--The term `time-
     sensitive key technology' means an electronic lock or key, or 
     both that may be programmed to prohibit a person that lacks 
     permission to enter a guest stateroom or crew cabin.''.

     SEC. 703. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.

       Not later than 30 days after the date of enactment of this 
     Act, the Secretary of the Treasury shall increase the amount 
     invested in income producing securities under section 5006(b) 
     of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by 
     $12,851,340.

     SEC. 704. VESSEL DETERMINATIONS.

       (a) Vessels Deemed New Vessels.--The vessel with United 
     States official number 981472 and the vessel with United 
     States official number 988333 shall each be deemed to be a 
     new vessel effective on the date of delivery after January 1, 
     2008, from a privately owned United States shipyard if no 
     encumbrances are on record with the United States Coast Guard 
     at the time of the issuance of the new vessel certificate of 
     documentation for each vessel.
       (b) Safety Inspection.--Each vessel under subsection (a) 
     shall be subject to the vessel safety and inspection 
     requirements of title 46, United States Code (as in effect on 
     the day before the date of enactment of this Act), applicable 
     to any such vessel.

     SEC. 705. ALTERATION OF BRIDGE OBSTRUCTING NAVIGATION.

       (a) Requirement to Commence Administrative Review.--Not 
     later than 15 days after the date of enactment of this Act, 
     the Secretary of the department in which the Coast Guard is 
     operating shall certify to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives that the Coast Guard has commenced the 
     required interagency administrative review of the pending 
     proposal to alter the bridge that is unreasonably obstructing 
     navigation and that spans the Kill Van Kull, connecting 
     Bayonne, New Jersey, and Staten Island, New York.
       (b) Expedited Process.--The Commandant--
       (1) shall expedite the interagency administrative review 
     under subsection (a); and
       (2) may use any resources offered to the Coast Guard by the 
     bridge owner for the purpose of paragraph (1).
       (c) Deadline for Completion.--Not later than November 30, 
     2012, the Coast Guard shall complete the interagency 
     administrative review under subsection (a).

     SEC. 706. NOTICE OF ARRIVAL.

       The regulations required under section 109(a) of the 
     Security and Accountability For Every Port Act of 2006 (33 
     U.S.C. 1223 note) dealing with notice of arrival requirements 
     for foreign vessels on the Outer Continental Shelf shall not 
     apply to a vessel documented under section 12105 of title 46, 
     United States Code, unless the vessel arrives from a foreign 
     port or place.

     SEC. 707. WAIVERS.

       (a) F/V TEXAS STAR CASINO.--Notwithstanding subchapter II 
     of chapter 121 and chapter 551 of title 46, United States 
     Code, the Secretary of the department in which the Coast 
     Guard is operating may issue a fishery endorsement and a 
     license under chapter 121 for the fishing vessel TEXAS STAR 
     CASINO (IMO number 7722047).
       (b) RANGER III.--Section 3703a of title 46, United States 
     Code, does not apply to the passenger vessel RANGER III 
     (United States official number 277361), so long as it is 
     owned and operated by the National Park Service.

     SEC. 708. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 931 et seq.), shall be determined by reference to the 
     latest statement titled ``Budgetary Effects of PAYGO 
     Legislation'' for this Act, submitted for printing in the 
     Congressional Record by the Chairman of the Senate Budget 
     Committee, provided that such statement has been submitted 
     prior to the vote on passage.

     SEC. 709. TECHNICAL AMENDMENTS.

       (a) Continuation on Active Duty.--Section 290(a) of title 
     14, United States Code, is amended in the second sentence by 
     striking ``in the grade of vice admiral'' and inserting ``in 
     or above the grade of vice admiral''.
       (b) Failure of Selection and Removal From Active Status.--
     Section 740(d) of title 14, United States Code, is amended by 
     striking ``that appointment'' and inserting ``that Reserve 
     appointment''.
       (c) Table of Contents.--The table of contents for chapter 
     17 of title 14, United States Code, is amended--
       (1) by striking the item relating to section 669 and 
     inserting the following:

``669. Telephone installation and charges.''; and


[[Page S6661]]


       (2) by striking the item relating to section 674 and 
     inserting the following:

``674. Small boat station rescue capability.''.

       (d) Waiver.--Section 7(c) of the America's Cup Act of 2011 
     (125 Stat. 755) is amended by inserting ``located in 
     Ketchikan, Alaska'' after ``moorage''.
                                 ______
                                 
  SA 2868. Mr. PRYOR (for Mr. Rockefeller) proposed an amendment to the 
bill H.R. 2838, supra.

       Amend the title so as to read: ``An Act to authorize 
     appropriations for the Coast Guard for fiscal years 2013 
     through 2014, and for other purposes.''.
                                 ______
                                 
  SA 2869. Mr. PRYOR (for Mr. Bingaman) proposed an amendment to the 
bill H.R. 2606, to authorize the Secretary of the Interior to allow the 
construction and operation of natural gas pipeline facilities in the 
Gateway National Recreation Area, and for other purposes.

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``New York City Natural Gas 
     Supply Enhancement Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Permittee.--The term ``permittee'' means the 
     Transcontinental Gas Pipeline Company, LLC, (Transco), its 
     successors or assigns.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. AUTHORIZATION FOR PERMIT.

       (a) In General.--The Secretary may issue permits for 
     rights-of-way or other necessary authorizations to allow the 
     permittee to construct, operate, and maintain a natural gas 
     pipeline and related facilities within the Gateway National 
     Recreation Area in New York, as described in Federal 
     Regulatory Commission Docket No. PF09-8.
       (b) Terms and Conditions.--A permit issued under this 
     section shall be--
       (1) consistent with the laws and regulations generally 
     applicable to utility rights-of-way within units of the 
     National Park System; and
       (2) subject to such terms and conditions as the Secretary 
     deems appropriate.
       (c) Fees.--The Secretary shall charge a fee for any permit 
     issued under this section. The fee shall be based on fair 
     market value and shall also provide for recovery of costs 
     incurred by the National Park Service associated with the 
     processing, issuance, and monitoring of the permit. The 
     Secretary shall retain any fees associated with the recovery 
     of costs.
       (d) Term.--Any permit issued under this section shall be 
     for a term of 10 years. The permit may be renewed at the 
     discretion of the Secretary in accordance with this section.

     SEC. 4. LEASE OF HISTORIC BUILDINGS AT FLOYD BENNETT FIELD.

       (a) In General.--The Secretary may enter into a non-
     competitive lease with the permittee to allow the occupancy 
     and use of buildings and associated property at Floyd Bennett 
     Field within the Gateway National Recreation Area to house 
     meter and regulating equipment and other equipment necessary 
     to the operation of the natural gas pipeline described in 
     section 3(a).
       (b) Terms and Conditions.--A lease entered into under this 
     section shall--
       (1) be in accordance with section 3(k) of the National Park 
     System General Authorities Act (16 U.S.C. 1a-2(k)), except 
     that the proceeds from rental payments may be used for 
     infrastructure needs, resource protection and restoration, 
     and visitor services at Gateway National Recreation Area; and
       (2) provide for the restoration and maintenance of the 
     buildings and associated property in accordance with section 
     106 of the National Historic Preservation Act (16 U.S.C. 
     470f) and applicable regulations and programmatic agreements.

     SEC. 5. ENFORCEMENT.

       The Secretary may impose citations or fines, or suspend or 
     revoke any authority under a permit or lease issued in 
     accordance with this Act for failure to comply with, or a 
     violation of any term or condition of such permit or lease.
                                 ______
                                 
  SA 2870. Mr. PRYOR (for Mr. Enzi) proposed an amendment to the 
resolution S. Res. 472, designating October 7, 2012, as ``Operation 
Enduring Freedom Veterans Day''.

       In the fifth whereas clause, strike ``nearly 1,800'' and 
     insert ``some 2,000''.

                          ____________________