TEXT OF AMENDMENTS; Congressional Record Vol. 162, No. 19
(Senate - February 02, 2016)

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[Pages S491-S529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3184. Mr. TOOMEY (for himself and Mr. Casey) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                   TITLE __--COAL REFUSE POWER PLANTS

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Satisfying Energy Needs 
     and Saving the Environment Act'' or the ``SENSE Act''.

     SEC. _02. STANDARDS FOR COAL REFUSE POWER PLANTS.

       (a) Definitions.--In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Boiler operating day.--The term ``boiler operating 
     day'' has the meaning given the term in section 63.10042 of 
     title 40, Code of Federal Regulations (or a successor 
     regulation).
       (3) Coal refuse.--The term ``coal refuse'' means any 
     byproduct of coal mining, physical coal cleaning, or coal 
     preparation operation that contains coal, matrix material, 
     clay, and other organic and inorganic material.
       (4) Coal refuse electric utility steam generating unit.--
     The term ``coal refuse electric utility steam generating 
     unit'' means an electric utility steam generating unit that--
       (A) is in operation as of the date of enactment of this 
     Act;
       (B) uses fluidized bed combustion technology to convert 
     coal refuse into energy; and
       (C) uses coal refuse as at least 75 percent of the annual 
     fuel consumed, by heat input, of the unit.
       (5) Coal refuse-fired facility.--The term ``coal refuse-
     fired facility'' means a facility in which the coal refuse 
     electric utility steam generating units are--
       (A) located on 1 or more contiguous or adjacent properties;
       (B) specified in the same Major Group (2-digit code), as 
     described in the Standard Industrial Classification Manual 
     (1987); and
       (C) under common control of the same person (or persons 
     under common control).
       (6) Cross-state air pollution rule.--The terms ``Cross-
     State Air Pollution Rule'' and ``CSAPR'' mean the regulatory 
     program promulgated by the Administrator to address the 
     interstate transport of air pollution in parts 51, 52, and 97 
     of title 40, Code of Federal Regulations (or successor 
     regulations).
       (7) Electric utility steam generating unit.--The term 
     ``electric utility steam generating unit'' means--
       (A) an electric utility steam generating unit, as the term 
     is defined in section 63.10042 of title 40, Code of Federal 
     Regulations (or a successor regulation); or
       (B) an electricity generating unit or electric generating 
     unit, as the terms are used in CSAPR.
       (8) Phase i.--The term ``Phase I'' means, with respect to 
     CSAPR, the initial compliance period under CSAPR, identified 
     for the 2015 and 2016 annual compliance periods.
       (b) Application of CSAPR to Certain Coal Refuse Electric 
     Utility Steam Generating Units.--
       (1) Coal refuse electric utility steam generating units 
     combusting bituminous coal refuse.--
       (A) Applicability.--This paragraph applies to any coal 
     refuse electric utility steam generating unit that--
       (i) combusts coal refuse derived from the mining and 
     processing of bituminous coal; and
       (ii) is subject to sulfur dioxide allowance surrender 
     provisions pursuant to CSAPR.
       (B) Continued applicability of phase i allowance 
     allocations.--In carrying out CSAPR, the Administrator shall 
     provide that, for any compliance period, the allocation 
     (whether through a Federal implementation plan or State 
     implementation plan) of sulfur dioxide allowances for a coal 
     refuse electric utility steam generating unit described in 
     subparagraph (A) is equivalent to the allocation of the unit-
     specific sulfur dioxide allowance allocation identified for 
     that unit for Phase I, as referenced in the notice entitled 
     ``Availability of Data on Allocations of Cross-State Air 
     Pollution Rule Allowances to Existing Electricity Generating 
     Units'' (79 Fed. Reg. 71674 (December 3, 2014)).
       (C) Rules for allowance allocations.--For any compliance 
     period under CSAPR that commences on or after January 1, 
     2017, any sulfur dioxide allowance allocation provided by the 
     Administrator to a coal refuse electric utility steam 
     generating unit described in subparagraph (A)--
       (i) shall not be transferable for use by any other source 
     not located at the same coal refuse-fired facility as the 
     relevant coal refuse electric utility steam generating unit;
       (ii) may be transferable for use by another source located 
     at the same coal refuse-fired facility as the relevant coal 
     refuse electric utility steam generating unit;
       (iii) may be banked for application to compliance 
     obligations in future compliance periods under CSAPR; and
       (iv) shall be surrendered on the date on which the 
     operation of the coal refuse electric utility steam 
     generating unit permanently ceases.
       (2) Other sources.--
       (A) No increase in overall state budget of sulfur dioxide 
     allowance allocations.--For purposes of paragraph (1), the 
     Administrator may not, for any compliance period under CSAPR, 
     increase the total budget of sulfur dioxide allowance 
     allocations for a State in which a unit described in 
     paragraph (1)(A) is located.
       (B) Compliance periods 2017 through 2020.--For any 
     compliance period under CSAPR that commences on or after 
     January 1, 2017, but before December 31, 2020, the 
     Administrator shall carry out subparagraph (A) by 
     proportionally reducing, as necessary, the unit-specific 
     sulfur dioxide allowance allocations from each source that--
       (i) is located in a State in which a unit described in 
     paragraph (1)(A) is located;
       (ii) permanently ceases operation, or converts the primary 
     fuel source from coal to natural gas, before the relevant 
     compliance period; and
       (iii) otherwise receives an allocation of sulfur dioxide 
     allowances under CSAPR for the relevant compliance period.
       (c) Emission Limitations to Address Hydrogen Chloride and 
     Sulfur Dioxide as Hazardous Air Pollutants.--
       (1) Applicability.--For purposes of regulating emissions of 
     hydrogen chloride or sulfur dioxide from a coal refuse 
     electric utility steam generating unit under section 112 of 
     the Clean Air Act (42 U.S.C. 7412), the Administrator--
       (A) shall authorize the operator of the coal refuse 
     electric utility steam generating unit to elect that the coal 
     refuse electric utility steam generating unit comply with 
     either--
       (i) an emissions standard for emissions of hydrogen 
     chloride that meets the requirements of paragraph (2); or
       (ii) an emission standard for emissions of sulfur dioxide 
     that meets the requirements of paragraph (2); and
       (B) may not require that the coal refuse electric utility 
     steam generating unit comply with both an emission standard 
     for emissions of hydrogen chloride and an emission standard 
     for emissions of sulfur dioxide.
       (2) Rules for emission limitations.--
       (A) In general.--The Administrator shall require an 
     operator of a coal refuse electric utility steam generating 
     unit to comply, at the election of the operator, with not 
     more than 1 of the following emission standards:
       (i) An emission standard for emissions of hydrogen chloride 
     from a coal refuse electric utility steam generating unit 
     that is not more stringent than an emission rate of 0.002 
     pounds per million British thermal units of heat input.
       (ii) An emission standard for emissions of hydrogen 
     chloride from a coal refuse electric

[[Page S492]]

     utility steam generating unit that is not more stringent than 
     an emission rate of 0.02 pounds per megawatt-hour.
       (iii) An emission standard for emissions of sulfur dioxide 
     from a coal refuse electric utility steam generating unit 
     that is not more stringent than an emission rate of 0.20 
     pounds per million British thermal units of heat input.
       (iv) An emission standard for emissions of sulfur dioxide 
     from a coal refuse electric utility steam generating unit 
     that is not more stringent than an emission rate of 1.5 
     pounds per megawatt-hour.
       (v) An emission standard for emissions of sulfur dioxide 
     from a coal refuse electric utility steam generating unit 
     that is not more stringent than capture and control of 93 
     percent of sulfur dioxide across the coal refuse electric 
     utility steam generating unit or group of coal refuse 
     electric utility steam generating units, as determined by 
     comparing--

       (I) the expected sulfur dioxide generated from combustion 
     of fuels emissions calculated based on as-fired fuel samples; 
     to
       (II) the actual sulfur dioxide emissions as measured by a 
     sulfur dioxide continuous emission monitoring system.

       (B) Measurement.--An emission standard described in 
     subparagraph (A) shall be measured as a 30-boiler operating 
     day rolling average per coal refuse electric utility steam 
     generating unit or group of coal refuse electric utility 
     steam generating units located at a single coal refuse-fired 
     facility.
                                 ______
                                 
  SA 3185. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                  TITLE __--MINERAL ECONOMIC COMMITTEE

     SEC. __01. MINERAL ECONOMIC COMMITTEE.

       (a) In General.--In accordance with this section, the 
     Secretary of the Interior (referred to in this title as the 
     ``Secretary'') shall establish a Mineral Economic Committee 
     (referred to in this title as the ``Committee'') in order to 
     further a more consultative process with key Federal, State, 
     tribal, environmental, and energy stakeholders.
       (b) Purpose.--The purpose of the Committee shall be to 
     provide advice and guidance, through the Director of the 
     Office of Natural Resource Revenue, to the Secretary and the 
     Director of the Bureau of Land Management on the management 
     of Federal and Indian mineral leases and revenues under the 
     law governing the Department of the Interior.
       (c) Activities.--The Committee shall--
       (1) review and comment on revenue management and other 
     mineral- and energy-related policies; and
       (2) provide a forum to convey the views of mineral lessees, 
     operators, revenue payers, revenue recipients, governmental 
     agencies, and public interest groups.
       (d) Charter.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall form the Committee 
     in accordance with--
       (1) the lapsed charter of the Royalty Policy Committee that 
     was signed by the Secretary on March 26, 2010; and
       (2) this section.
       (e) Membership.--
       (1) In general.--To ensure fair and balanced representation 
     with consideration for the efficiency and fiscal economy of 
     the Committee, the Committee shall include--
       (A) non-Federal members; and
       (B) Federal members.
       (2) Non-federal members.--
       (A) Appointment.--The Secretary shall appoint to the 
     Committee non-Federal members in accordance with subparagraph 
     (B) and an alternate for each non-Federal member.
       (B) Composition.--The non-Federal members of the Committee 
     shall be composed of the following:
       (i) Not fewer than 5 Governors (or designees) of States 
     that receive over $10,000,000 annually in royalty revenues 
     from Federal mineral leases.
       (ii) Not fewer than 5 representatives of Indian tribes 
     producing Federal oil, gas, or coal on the land of the Indian 
     tribes.
       (iii) Not more than 5 representatives of various mineral or 
     energy interests.
       (iv) Not more than 3 representatives of public interest 
     groups or nongovernmental organizations.
       (C) Term.--
       (i) In general.--Non-Federal members and the alternate for 
     each non-Federal member shall serve on the Committee for 
     staggered terms.
       (ii) Duration.--

       (I) In general.--Subject to subclause (II), each non-
     Federal member and the alternate for each non-Federal member 
     shall serve on the Committee for not more than 3 years in 
     duration.
       (II) Extension of term.--Notwithstanding subclause (I), in 
     the case of any new or reappointed non-Federal member of the 
     Committee with a term that expires in the same calendar year 
     as the terms of more than \1/3\ of the other non-Federal 
     members, the term of that new or reappointed non-Federal 
     member may be extended for an additional 1-year or 2-year 
     term.
       (III) Term limit.--

       (aa) In general.--A non-Federal member shall not serve on 
     the Committee for more than 6 consecutive calendar years.
       (bb) Break in service.--A non-Federal member subject to the 
     term limit described in item (aa) shall be eligible for 
     reappointment not earlier than 2 years after the date on 
     which that non-Federal member discontinued service on the 
     Committee.
       (D) Revocation of appointment.--The Secretary may revoke 
     the appointment of any non-Federal member or any alternate if 
     the appointed non-Federal member or alternate fails to attend 
     2 consecutive Committee meetings.
       (3) Federal members.--
       (A) In general.--The Federal members of the Committee shall 
     be nonvoting, ex-officio members of the Committee.
       (B) Composition.--The Federal members of the Committee 
     shall be composed of--
       (i) the Assistant Secretary of Indian Affairs (or a 
     designee);
       (ii) the Director of the Bureau of Land Management (or a 
     designee);
       (iii) the Director of the Office of Natural Resources 
     Revenue (or a designee);
       (iv) the Chairperson and Ranking Member of the Committee on 
     Energy and Natural Resources of the Senate (or designees); 
     and
       (v) the Chairperson and Ranking Member of the Committee on 
     Natural Resources of the House of Representatives (or 
     designees).
       (f) Meetings.--The Committee shall meet--
       (1) not less than once each calendar year; and
       (2) to consider any pending or proposed regulation related 
     to--
       (A) the management of Federal and Indian mineral leases and 
     revenues; and
       (B) any other mineral- or energy-related policy.
       (g) State and Tribal Resources Board.--
       (1) In general.--The Committee shall establish a 
     subcommittee, to be known as the ``State and Tribal Resources 
     Board'', comprised of the members described in clauses (i) 
     and (ii) of subsection (e)(2)(B).
       (2) Duration.--The State and Tribal Resources Board 
     established under paragraph (1) shall terminate on the date 
     that is 10 years after the date on which the Committee is 
     established under this section.
       (h) Termination of Committee.--The Committee shall 
     terminate not later than 10 years after the date on which the 
     Committee is established under this section.
       (i) Funding.--Funding made available to carry out this 
     section shall be available only to the extent and in the 
     amount provided in advance in appropriations Acts.

     SEC. __02. PROPOSED REGULATIONS AND POLICIES.

       (a) Consultation and Report.--Not later than 180 days after 
     the issuance of any proposed regulation or policy related to 
     mineral leasing policy on Federal land (including valuation 
     methodologies and royalty and lease rates for oil, gas, or 
     coal), including any proposed regulation that is pending as 
     of the date of enactment of this Act, the Committee shall--
       (1) assess the proposed regulation or policy; and
       (2) issue a report that describes the potential impact, 
     including any State and tribal impact described in subsection 
     (b), of the proposed regulation or policy.
       (b) State and Tribal Impact Certification.--
       (1) In general.--Before the date on which any regulation 
     related to mineral leasing policy on Federal land (including 
     valuation methodologies and royalty and lease rates for oil, 
     gas, or coal) is finalized, the State and Tribal Resources 
     Board shall certify the impact of the new regulation on 
     school funding, public safety, and other essential State or 
     tribal government services.
       (2) Delay request.--If the State and Tribal Resources Board 
     determines that a regulation described in paragraph (1) will 
     have a negative State or tribal budgetary impact, the State 
     and Tribal Resources Board may request a delay in the 
     finalization of the regulation for the purposes of further--
       (A) stakeholder consultation;
       (B) budgetary review; and
       (C) development of a proposal to mitigate the negative 
     economic impact.
       (3) Limitation.--A delay in the finalization of a 
     regulation requested under paragraph (2) shall not exceed 180 
     days from the date on which the State and Tribal Resources 
     Board requested the delay in finalization.
       (c) Revision of Proposed Regulation.--
       (1) In general.--Before the date on which any regulation 
     related to mineral leasing policy on Federal land (including 
     valuation methodologies and royalty and lease rates for oil, 
     gas, or coal) is finalized, the Secretary shall revise the 
     proposed regulation to avoid any negative impact reported by 
     the Committee under subsection (a)(2).
       (2) Final rule.--Any final rule revised under paragraph (1) 
     shall include the revisions made by the Secretary in 
     accordance with that paragraph.
       (d) Funding for Committee Activities.--Funding made 
     available to carry out Committee activities under this 
     section shall be available only to the extent and in the 
     amount provided in advance in appropriations Acts.

     SEC. __03. PROGRAMMATIC REVIEW.

       (a) In General.--The programmatic review of coal leasing on 
     Federal land (as described in section 4 of the order of the 
     Secretary entitled ``Discretionary Programmatic Environmental 
     Impact Statement to Modernize

[[Page S493]]

     the Federal Coal Program'', numbered 3338, and dated January 
     15, 2016) shall be completed not later than January 15, 2019.
       (b) Participants in Programmatic Review.--
       (1) In general.--In carrying out the programmatic review 
     described in subsection (a), the Secretary shall confer with, 
     and take into consideration the views of, representatives 
     appointed to the review board described in paragraph (2).
       (2) Review board.--The Governors of States in which more 
     than $10,000,000 in Federal coal revenues are collected 
     annually shall appoint not fewer than 3 representatives, 2 of 
     whom shall be members of the State and Tribal Resources 
     Board, to a review board that shall confer with the Secretary 
     in carrying out the programmatic review described in 
     subsection (a).
       (c) Limitation.--No funds may be used to carry out the 
     programmatic review of coal leasing on Federal land described 
     in subsection (a) after January 15, 2019.
       (d) No Implementation Requirement.--Nothing in this section 
     requires the Secretary to implement the programmatic review 
     of coal leasing on Federal land described in subsection (a) 
     after January 20, 2017.

     SEC. __04. EMERGENCY LEASING OF COAL RESERVES ON FEDERAL 
                   LAND.

       (a) In General.--In response to an application under 
     subpart 3425 of part 3420 of subchapter C of chapter II of 
     subtitle B of title 43, Code of Federal Regulations (or 
     successor regulation), the Secretary may hold an emergency 
     lease sale for coal reserves on Federal land if the applicant 
     demonstrates that--
       (1)(A) the coal reserves on Federal land are needed not 
     later than 5 years after the date on which the application is 
     submitted to the Secretary--
       (i) to maintain an existing mining operation at a rate of 
     production, as of the date on which the application is 
     submitted to the Secretary, that is the average of the annual 
     production rates for the 5 calendar years before the date on 
     which the application is submitted to the Secretary; or
       (ii) to supply coal for any contract signed before January 
     15, 2016, as substantiated by a complete copy of the supply 
     or delivery contract; or
       (B) if the Secretary--
       (i) does not lease the coal deposit on Federal land, that 
     coal deposit would be bypassed in the reasonably foreseeable 
     future; or
       (ii) leases the coal deposit on Federal land, a portion of 
     the tract containing the coal deposit would be used not later 
     than 5 years after the date on which the application is 
     submitted to the Secretary; and
       (2) the need for the coal on Federal land has resulted from 
     a circumstance--
       (A) beyond the control of the applicant; or
       (B) that could not have been reasonably foreseen in time to 
     allow the planning necessary for the consideration of leasing 
     the tract under section 3420.3 of title 43, Code of Federal 
     Regulations (or successor regulation).
       (b) Length of Lease.--
       (1) In general.--If an applicant qualifies for an emergency 
     lease under only clause (i) of subsection (a)(1)(A), the 
     emergency lease shall not exceed 8 years of recoverable 
     reserves at a rate of production not to exceed the average of 
     the annual production rates for the 5 calendar years before 
     the date on which the application is submitted to the 
     Secretary under subpart 3425 of part 3420 of subchapter C of 
     chapter II of subtitle B of title 43, Code of Federal 
     Regulations (or successor regulation).
       (2) Higher rate of production.--If an applicant qualifies 
     for an emergency lease under clauses (i) and (ii) of 
     subsection (a)(1)(A), the higher rate of production shall 
     apply.
       (c) Notice to Governor.--Not later than 90 days after the 
     date on which the Secretary receives an emergency lease 
     application, the Secretary shall provide notice of the 
     emergency lease application to the Governor of the affected 
     State.
                                 ______
                                 
  SA 3186. Mrs. FISCHER (for herself, Mr. Cochran, Mr. Grassley, Mr. 
Gardner, Mrs. Ernst, and Mr. Moran) submitted an amendment intended to 
be proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill 
S. 2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
                   PROCESS SAFETY MANAGEMENT STANDARD.

       (a) Withdrawal of Policy.--
       (1) In general.--The Secretary of Labor, acting through the 
     Assistant Secretary of Labor for Occupational Safety and 
     Health, shall withdraw the revised enforcement policy 
     relating to the exemption of retail facilities from coverage 
     of the process safety management of highly hazardous 
     chemicals standard under section 1910.119(a)(2)(i) of title 
     29, Code of Federal Regulations, issued as a memorandum by 
     the Occupational Safety and Health Administration on July 22, 
     2015.
       (2) Enforcement.--The Secretary of Labor, acting through 
     the Assistant Secretary of Labor for Occupational Safety and 
     Health, shall enforce section 1910.119(a)(2)(i) of title 29, 
     Code of Federal Regulations (or any corresponding similar 
     regulation or ruling) in the same manner as such section was 
     enforced on July 21, 2015, unless such section is amended in 
     accordance with subsection (b).
       (b) Requirements for Rulemaking.--
       (1) Proposed rule.--The Secretary may publish any proposed 
     rule relating to the exemption of retail facilities from 
     coverage of the process safety management of highly hazardous 
     chemicals standard under section 1910.119(a)(2)(i) of title 
     29, Code of Federal Regulations (or any corresponding similar 
     regulation or ruling) only if--
       (A) the Secretary, acting through the Assistant Secretary 
     of Labor for Occupational Safety and Health, arranges for an 
     independent third party to conduct a cost analysis of such 
     proposed rule, and the Secretary includes such analysis in 
     the publication of the proposed rule; and
       (B) the Bureau of the Census establishes a code for farm 
     supply retailers under sector 44-45 (relating to retail 
     trade) of the North American Industry Classification System.
       (2) Notice and comment.--In promulgating any rule related 
     to the exemption described in paragraph (1), the Secretary of 
     Labor, acting through the Assistant Secretary of Labor for 
     Occupational Safety and Health, shall--
       (A) provide notice and comment rulemaking in accordance 
     with section 553 of title 5, United States Code; and
       (B) invite meaningful public participation in such 
     rulemaking.
                                 ______
                                 
  SA 3187. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 169, line 6, after ``717b(a))'' insert the 
     following: ``and the Secretary shall deem the application to 
     be consistent with the public interest''.
                                 ______
                                 
  SA 3188. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. CORRECTION OF SURVEY FOR CERTAIN LAND IN THE 
                   STATE OF ALASKA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior shall--
       (1) correct the United States Survey numbered 11630 to 
     conform with the map entitled ``Swan Lake Project Boundary-
     Lot 2'' and dated February 1, 2016; and
       (2) issue a land patent to the State of Alaska for all 
     Federal land within the corrected survey area pursuant to 
     section 6(a) of the Act of July 7, 1958 (commonly known as 
     the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21; 
     Public Law 85-508).
       (b) Effect.--All actions taken by the Secretary of the 
     Interior in carrying out this section--
       (1) are nondiscretionary actions authorized and directed by 
     Congress; and
       (2) shall be considered to comply with all procedural and 
     other requirements of the laws of the United States.
                                 ______
                                 
  SA 3189. Ms. KLOBUCHAR (for herself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 123, between lines 19 and 20, insert the following:

     SEC. 1107. INCLUSION OF SMART GRID CAPABILITY ON ENERGY GUIDE 
                   LABELS.

       Section 324(a)(2) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6294(a)(2)) is amended by adding at the end the 
     following:
       ``(J) Special notes on smart grid capabilities.--
       ``(i) Initiation of rulemaking.--Not later than 1 year 
     after the date of the enactment of this subparagraph, the 
     Commission shall initiate a rulemaking to consider making a 
     special note in a prominent manner on any Energy Guide label 
     for any product that includes smart grid capability that--

       ``(I) smart grid capability is a feature of that product; 
     and
       ``(II) the use and value of that feature depend on the 
     smart grid capability of the utility system in which the 
     product is installed and the active utilization of that 
     feature by the customer.

       ``(ii) Completion of rulemaking.--Not later than 3 years 
     after the date of the enactment of this subparagraph, the 
     Commission shall complete the rulemaking initiated under 
     clause (i).''.
                                 ______
                                 
  SA 3190. Ms. CANTWELL (for herself and Mrs. Murray) submitted an 
amendment intended to be proposed to

[[Page S494]]

amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

         TITLE VI--YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Yakima River Basin Water 
     Enhancement Project Phase III Act of 2016''.

     SEC. 6002. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.

       (a) Modification of Terms.--Title XII of Public Law 103-434 
     (108 Stat. 4550) is amended--
       (1) by striking ``Yakama Indian'' each place it appears 
     (except section 1204(g)) and inserting ``Yakama''; and
       (2) by striking ``Superintendent'' each place it appears 
     and inserting ``Manager''.
       (b) Modification of Purposes.--Section 1201 of Public Law 
     103-434 (108 Stat. 4550) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) to protect, mitigate, and enhance fish and wildlife 
     and the recovery and maintenance of self-sustaining 
     harvestable populations of fish and other aquatic life, both 
     anadromous and resident species, throughout their historic 
     distribution range in the Yakima Basin through--
       ``(A) improved water management and the constructions of 
     fish passage at storage and diversion dams, as authorized 
     under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et 
     seq.);
       ``(B) improved instream flows and water supplies;
       ``(C) improved water quality, watershed, and ecosystem 
     function;
       ``(D) protection, creation, and enhancement of wetlands; 
     and
       ``(E) other appropriate means of habitat improvement;'';
       (2) in paragraph (2), by inserting ``, municipal, 
     industrial, and domestic water supply and use purposes, 
     especially during drought years, including reducing the 
     frequency and severity of water supply shortages for pro-
     ratable irrigation entities'' before the semicolon at the 
     end;
       (3) by striking paragraph (4);
       (4) by redesignating paragraph (3) as paragraph (4);
       (5) by inserting after paragraph (2) the following:
       ``(3) to authorize the Secretary to make water available 
     for purchase or lease for meeting municipal, industrial, and 
     domestic water supply purposes;'';
       (6) by redesignating paragraphs (5) and (6) as paragraphs 
     (6) and (8), respectively;
       (7) by inserting after paragraph (4) (as so redesignated) 
     the following:
       ``(5) to realize sufficient water savings from implementing 
     the Yakima River Basin Integrated Water Resource Management 
     Plan, so that not less than 85,000 acre feet of water savings 
     are achieved by implementing the first phase of the 
     Integrated Plan pursuant to section 1213(a), in addition to 
     the 165,000 acre feet of water savings targeted through the 
     Basin Conservation Program, as authorized on October 31, 
     1994;'';
       (8) in paragraph (6) (as so redesignated)--
       (A) by inserting ``an increase in'' before ``voluntary''; 
     and
       (B) by striking ``and'' at the end;
       (9) by inserting after paragraph (6) (as so redesignated) 
     the following:
       ``(7) to encourage an increase in the use of, and reduce 
     the barriers to, water transfers, leasing, markets, and other 
     voluntary transactions among public and private entities to 
     enhance water management in the Yakima River basin;'';
       (10) in paragraph (8) (as redesignated by paragraph (6)), 
     by striking the period at the end and inserting a semicolon; 
     and
       (11) by adding at the end the following:
       ``(9) to improve the resilience of the ecosystems, 
     economies, and communities in the Basin as they face drought, 
     hydrologic changes, and other related changes and variability 
     in natural and human systems, for the benefit of both the 
     people and the fish and wildlife of the region; and
       ``(10) to authorize and implement the Yakima River Basin 
     Integrated Water Resource Management Plan as Phase III of the 
     Yakima River Basin Water Enhancement Project, as a balanced 
     and cost-effective approach to maximize benefits to the 
     communities and environment in the Basin.''.
       (c) Modification of Definitions.--Section 1202 of Public 
     Law 103-434 (108 Stat. 4550) is amended--
       (1) by redesignating paragraphs (6), (7), (8), (9), (10), 
     (11), (12), (13), and (14) as paragraphs (8), (10), (11), 
     (13), (14), (15), (16), (18), and (19), respectively;
       (2) by inserting after paragraph (5) the following:
       ``(6) Designated federal official.--The term `designated 
     Federal official' means the Commissioner of Reclamation (or a 
     designee), acting pursuant to the charter of the Conservation 
     Advisory Group.
       ``(7) Integrated plan.--The terms `Integrated Plan' and 
     `Yakima River Basin Integrated Water Resource Plan' mean the 
     plan and activities authorized by the Yakima River Basin 
     Water Enhancement Project Phase III Act of 2016 and the 
     amendments made by that Act, to be carried out in cooperation 
     with and in addition to activities of the State of Washington 
     and Yakama Nation.'';
       (3) by inserting after paragraph (8) (as redesignated by 
     paragraph (1)) the following:
       ``(9) Municipal, industrial, and domestic water supply and 
     use.--The term `municipal, industrial, and domestic water 
     supply and use' means the supply and use of water for--
       ``(A) domestic consumption (whether urban or rural);
       ``(B) maintenance and protection of public health and 
     safety;
       ``(C) manufacture, fabrication, processing, assembly, or 
     other production of a good or commodity;
       ``(D) production of energy;
       ``(E) fish hatcheries; or
       ``(F) water conservation activities relating to a use 
     described in subparagraphs (A) through (E).'';
       (4) by inserting after paragraph (11) (as redesignated by 
     paragraph (1)) the following:
       ``(12) Proratable irrigation entity.--The term `proratable 
     irrigation entity' means a district, project, or State-
     recognized authority, board of control, agency, or entity 
     located in the Yakima River basin that--
       ``(A) manages and delivers irrigation water to farms in the 
     basin; and
       ``(B) possesses, or the members of which possess, water 
     rights that are proratable during periods of water 
     shortage.''; and
       (5) by inserting after paragraph (16) (as redesignated by 
     paragraph (1)) the following:
       ``(17) Yakima enhancement project; yakima river basin water 
     enhancement project.--The terms `Yakima Enhancement Project' 
     and `Yakima River Basin Water Enhancement Project' mean the 
     Yakima River basin water enhancement project authorized by 
     Congress pursuant to this Act and other Acts (including 
     Public Law 96-162 (93 Stat. 1241), section 109 of Public Law 
     98-381 (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-
     62 (111 Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) 
     to promote water conservation, water supply, habitat, and 
     stream enhancement improvements in the Yakima River basin.''.

     SEC. 6003. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

       Section 1203 of Public Law 103-434 (108 Stat. 4551) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the second sentence, by striking ``title'' and 
     inserting ``section''; and
       (ii) in the third sentence, by striking ``within 5 years of 
     the date of enactment of this Act''; and
       (B) in paragraph (2), by striking ``irrigation'' and 
     inserting ``the number of irrigated acres'';
       (2) in subsection (c)--
       (A) in paragraph (2)--
       (i) in each of subparagraphs (A) through (D), by striking 
     the comma at the end and inserting a semicolon;
       (ii) in subparagraph (E), by striking the comma at the end 
     and inserting ``; and'';
       (iii) in subparagraph (F), by striking ``Department of 
     Wildlife of the State of Washington, and'' and inserting 
     ``Department of Fish and Wildlife of the State of 
     Washington.''; and
       (iv) by striking subparagraph (G);
       (B) in paragraph (3)--
       (i) in each of subparagraphs (A) through (C), by striking 
     the comma at the end and inserting a semicolon;
       (ii) in subparagraph (D), by striking ``, and'' and 
     inserting a semicolon;
       (iii) in subparagraph (E), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(F) provide recommendations to advance the purposes and 
     programs of the Yakima Enhancement Project, including the 
     Integrated Plan.''; and
       (C) by striking paragraph (4) and inserting the following:
       ``(4) Authority of designated federal official.--The 
     designated Federal official may--
       ``(A) arrange and provide logistical support for meetings 
     of the Conservation Advisory Group;
       ``(B) use a facilitator to serve as a moderator for 
     meetings of the Conservation Advisory Group or provide 
     additional logistical support; and
       ``(C) grant any request for a facilitator by any member of 
     the Conservation Advisory Group.'';
       (3) in subsection (d), by adding at the end the following:
       ``(4) Payment of local share by state or federal 
     government.--
       ``(A) In general.--The State or the Federal Government may 
     fund not more than the 17.5 percent local share of the costs 
     of the Basin Conservation Program in exchange for the long-
     term use of conserved water, subject to the requirement that 
     the funding by the Federal Government of the local share of 
     the costs shall provide a quantifiable public benefit in 
     meeting Federal responsibilities in the Basin and the 
     purposes of this title.
       ``(B) Use of conserved water.--The Yakima Project Manager 
     may use water resulting from conservation measures taken 
     under this title, in addition to water that the Bureau of 
     Reclamation may acquire from any willing seller through 
     purchase, donation, or lease, for water management uses 
     pursuant to this title.'';
       (4) in subsection (e), by striking the first sentence and 
     inserting the following: ``To

[[Page S495]]

     participate in the Basin Conservation Program, as described 
     in subsection (b), an entity shall submit to the Secretary a 
     proposed water conservation plan.'';
       (5) in subsection (i)(3)--
       (A) by striking ``purchase or lease'' each place it appears 
     and inserting ``purchase, lease, or management''; and
       (B) in the third sentence, by striking ``made immediately 
     upon availability'' and all that follows through 
     ``Committee'' and inserting ``continued as needed to provide 
     water to be used by the Yakima Project Manager as recommended 
     by the System Operations Advisory Committee and the 
     Conservation Advisory Group''; and
       (6) in subsection (j)(4), in the first sentence, by 
     striking ``initial acquisition'' and all that follows through 
     ``flushing flows'' and inserting ``acquisition of water from 
     willing sellers or lessors specifically to provide improved 
     instream flows for anadromous and resident fish and other 
     aquatic life, including pulse flows to facilitate outward 
     migration of anadromous fish''.

     SEC. 6004. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND 
                   AUTHORIZATIONS.

       (a) Yakama Nation Projects.--Section 1204 of Public Law 
     103-434 (108 Stat. 4555) is amended--
       (1) in subsection (a)(2), in the first sentence, by 
     striking ``not more than $23,000,000'' and inserting ``not 
     more than $100,000,000''; and
       (2) in subsection (g)--
       (A) by striking the subsection heading and inserting 
     ``Redesignation of Yakama Indian Nation to Yakama Nation.--
     '';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Redesignation.--The Confederated Tribes and Bands of 
     the Yakama Indian Nation shall be known and designated as the 
     `Confederated Tribes and Bands of the Yakama Nation'.''; and
       (C) in paragraph (2), by striking ``deemed to be a 
     reference to the `Confederated Tribes and Bands of the Yakama 
     Indian Nation'.'' and inserting ``deemed to be a reference to 
     the `Confederated Tribes and Bands of the Yakama Nation'.''.
       (b) Operation of Yakima Basin Projects.--Section 1205 of 
     Public Law 103-434 (108 Stat. 4557) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i)--

       (aa) by inserting ``additional'' after ``secure'';
       (bb) by striking ``flushing'' and inserting ``pulse''; and
       (cc) by striking ``uses'' and inserting ``uses, in addition 
     to the quantity of water provided under the treaty between 
     the Yakama Nation and the United States'';

       (II) by striking clause (ii);
       (III) by redesignating clause (iii) as clause (ii); and
       (IV) in clause (ii) (as so redesignated) by inserting ``and 
     water rights mandated'' after ``goals''; and

       (ii) in subparagraph (B)(i), in the first sentence, by 
     inserting ``in proportion to the funding received'' after 
     ``Program'';
       (2) in subsection (b) (as amended by section 6002(a)(2)), 
     in the second sentence, by striking ``instream flows for use 
     by the Yakima Project Manager as flushing flows or as 
     otherwise'' and inserting ``fishery purposes, as''; and
       (3) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--Additional purposes of the Yakima 
     Project shall be any of the following:
       ``(A) To recover and maintain self-sustaining harvestable 
     populations of native fish, both anadromous and resident 
     species, throughout their historic distribution range in the 
     Yakima Basin.
       ``(B) To protect, mitigate, and enhance aquatic life and 
     wildlife.
       ``(C) Recreation.
       ``(D) Municipal, industrial, and domestic use.''.
       (c) Lake Cle Elum Authorization of Appropriations.--Section 
     1206(a)(1) of Public Law 103-434 (108 Stat. 4560), is 
     amended, in the matter preceding subparagraph (A), by 
     striking ``at September'' and all that follows through ``to--
     '' and inserting ``not more than $12,000,000 to--''.
       (d) Enhancement of Water Supplies for Yakima Basin 
     Tributaries.--Section 1207 of Public Law 103-434 (108 Stat. 
     4560) is amended--
       (1) in the heading, by striking ``supplies'' and inserting 
     ``management'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``supplies'' and inserting ``management'';
       (B) in paragraph (1), by inserting ``and water supply 
     entities'' after ``owners''; and
       (C) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``that choose not to 
     participate or opt out of tributary enhancement projects 
     pursuant to this section'' after ``water right owners''; and
       (ii) in subparagraph (B), by inserting ``nonparticipating'' 
     before ``tributary water users'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking the paragraph designation and all that 
     follows through ``(but not limited to)--'' and inserting the 
     following:
       ``(1) In general.--The Secretary, following consultation 
     with the State of Washington, tributary water right owners, 
     and the Yakama Nation, and on agreement of appropriate water 
     right owners, is authorized to conduct studies to evaluate 
     measures to further Yakima Project purposes on tributaries to 
     the Yakima River. Enhancement programs that use measures 
     authorized by this subsection may be investigated and 
     implemented by the Secretary in tributaries to the Yakima 
     River, including Taneum Creek, other areas, or tributary 
     basins that currently or could potentially be provided 
     supplemental or transfer water by entities, such as the 
     Kittitas Reclamation District or the Yakima-Tieton Irrigation 
     District, subject to the condition that activities may 
     commence on completion of applicable and required feasibility 
     studies, environmental reviews, and cost-benefit analyses 
     that include favorable recommendations for further project 
     development, as appropriate. Measures to evaluate include--
     '';
       (ii) by indenting subparagraphs (A) through (F) 
     appropriately;
       (iii) in subparagraph (A), by inserting before the 
     semicolon at the end the following: ``, including irrigation 
     efficiency improvements (in coordination with programs of the 
     Department of Agriculture), consolidation of diversions or 
     administration, and diversion scheduling or coordination'';
       (iv) by redesignating subparagraphs (C) through (F) as 
     subparagraphs (E) through (H), respectively;
       (v) by inserting after subparagraph (B) the following:
       ``(C) improvements in irrigation system management or 
     delivery facilities within the Yakima River basin when those 
     improvements allow for increased irrigation system conveyance 
     and corresponding reduction in diversion from tributaries or 
     flow enhancements to tributaries through direct flow 
     supplementation or groundwater recharge;
       ``(D) improvements of irrigation system management or 
     delivery facilities to reduce or eliminate excessively high 
     flows caused by the use of natural streams for conveyance or 
     irrigation water or return water;'';
       (vi) in subparagraph (E) (as redesignated by clause (iv)), 
     by striking ``ground water'' and inserting ``groundwater 
     recharge and'';
       (vii) in subparagraph (G) (as redesignated by clause (iv)), 
     by inserting ``or transfer'' after ``purchase''; and
       (viii) in subparagraph (H) (as redesignated by clause 
     (iv)), by inserting ``stream processes and'' before ``stream 
     habitats'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the Taneum Creek study'' and inserting ``studies under this 
     subsection'';
       (ii) in subparagraph (B)--

       (I) by striking ``and economic'' and inserting ``, 
     infrastructure, economic, and land use''; and
       (II) by striking ``and'' at the end;

       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) any related studies already underway or 
     undertaken.''; and
       (C) in paragraph (3), in the first sentence, by inserting 
     ``of each tributary or group of tributaries'' after 
     ``study'';
       (4) in subsection (c)--
       (A) in the heading, by inserting ``and nonsurface storage'' 
     after ``nonstorage''; and
       (B) in the matter preceding paragraph (1), by inserting 
     ``and nonsurface storage'' after ``nonstorage'';
       (5) by striking subsection (d);
       (6) by redesignating subsection (e) as subsection (d); and
       (7) in paragraph (2) of subsection (d) (as so 
     redesignated)--
       (A) in the first sentence--
       (i) by inserting ``and implementation'' after 
     ``investigation'';
       (ii) by striking ``other'' before ``Yakima River''; and
       (iii) by inserting ``and other water supply entities'' 
     after ``owners''; and
       (B) by striking the second sentence.
       (e) Chandler Pumping Plant and Powerplant-operations at 
     Prosser Diversion Dam.--Section 1208(d) of Public Law 103-434 
     (108 Stat. 4562; 114 Stat. 1425) is amended by inserting 
     ``negatively'' before ``affected''.
       (f) Interim Comprehensive Basin Operating Plan.--Section 
     1210(c) of Public Law 103-434 (108 Stat. 4564) is amended by 
     striking ``$100,000'' and inserting ``$200,000''.
       (g) Environmental Compliance.--Section 1211 of Public Law 
     103-434 (108 Stat. 4564) is amended by striking 
     ``$2,000,000'' and inserting ``$5,000,000''.

     SEC. 6005. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN 
                   WATER ENHANCEMENT PROJECT.

       Title XII of Public Law 103-434 (108 Stat. 4550) is amended 
     by adding at the end the following:

     ``SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE 
                   III OF YAKIMA RIVER BASIN WATER ENHANCEMENT 
                   PROJECT.

       ``(a) Integrated Plan.--
       ``(1) In general.--The Secretary shall implement the 
     Integrated Plan as Phase III of the Yakima River Basin Water 
     Enhancement Project in accordance with this section and 
     applicable laws.
       ``(2) Initial development phase of the integrated plan.--
       ``(A) In general.--The Secretary, in coordination with the 
     State of Washington and Yakama Nation and subject to 
     feasibility studies, environmental reviews, and the 
     availability of appropriations, shall implement an initial 
     development phase of the Integrated Plan, to--
       ``(i) complete the planning, design, and construction or 
     development of upstream

[[Page S496]]

     and downstream fish passage facilities, as previously 
     authorized by the Hoover Power Plant Act of 1984 (43 U.S.C. 
     619 et seq.) at Cle Elum Reservoir and another Yakima Project 
     reservoir identified by the Secretary as consistent with the 
     Integrated Plan, subject to the condition that, if the Yakima 
     Project reservoir identified by the Secretary contains a 
     hydropower project licensed by the Federal Energy Regulatory 
     Commission, the Secretary shall cooperate with the Federal 
     Energy Regulatory Commission in a timely manner to ensure 
     that actions taken by the Secretary are consistent with the 
     applicable hydropower project license;
       ``(ii) negotiate long-term agreements with participating 
     proratable irrigation entities in the Yakima Basin and, 
     acting through the Bureau of Reclamation, coordinate between 
     Bureaus of the Department of the Interior and with the heads 
     of other Federal agencies to negotiate agreements concerning 
     leases, easements, and rights-of-way on Federal land, and 
     other terms and conditions determined to be necessary to 
     allow for the non-Federal financing, construction, operation, 
     and maintenance of--

       ``(I) new facilities needed to access and deliver inactive 
     storage in Lake Kachess for the purpose of providing drought 
     relief for irrigation (known as the `Kachess Drought Relief 
     Pumping Plant'); and
       ``(II) a conveyance system to allow transfer of water 
     between Keechelus Reservoir to Kachess Reservoir for purposes 
     of improving operational flexibility for the benefit of both 
     fish and irrigation (known as the `K to K Pipeline');

       ``(iii) participate in, provide funding for, and accept 
     non-Federal financing for--

       ``(I) water conservation projects, not subject to the 
     provisions of the Basin Conservation Program described in 
     section 1203, that are intended to partially implement the 
     Integrated Plan by providing 85,000 acre-feet of conserved 
     water to improve tributary and mainstem stream flow; and
       ``(II) aquifer storage and recovery projects;

       ``(iv) study, evaluate, and conduct feasibility analyses 
     and environmental reviews of fish passage, water supply 
     (including groundwater and surface water storage), 
     conservation, habitat restoration projects, and other 
     alternatives identified as consistent with the purposes of 
     this Act, for the initial and future phases of the Integrated 
     Plan;
       ``(v) coordinate with and assist the State of Washington in 
     implementing a robust water market to enhance water 
     management in the Yakima River basin, including--

       ``(I) assisting in identifying ways to encourage and 
     increase the use of, and reduce the barriers to, water 
     transfers, leasing, markets, and other voluntary transactions 
     among public and private entities in the Yakima River basin;
       ``(II) providing technical assistance, including scientific 
     data and market information; and
       ``(III) negotiating agreements that would facilitate 
     voluntary water transfers between entities, including as 
     appropriate, the use of federally managed infrastructure; and

       ``(vi) enter into cooperative agreements with, or, subject 
     to a minimum non-Federal cost-sharing requirement of 50 
     percent, make grants to, the Yakama Nation, the State of 
     Washington, Yakima River basin irrigation districts, water 
     districts, conservation districts, other local governmental 
     entities, nonprofit organizations, and land owners to carry 
     out this title under such terms and conditions as the 
     Secretary may require, including the following purposes:

       ``(I) Land and water transfers, leases, and acquisitions 
     from willing participants, so long as the acquiring entity 
     shall hold title and be responsible for any and all required 
     operations, maintenance, and management of that land and 
     water.
       ``(II) To combine or relocate diversion points, remove fish 
     barriers, or for other activities that increase flows or 
     improve habitat in the Yakima River and its tributaries in 
     furtherance of this title.
       ``(III) To implement, in partnership with Federal and non-
     Federal entities, projects to enhance the health and 
     resilience of the watershed.

       ``(B) Commencement date.--The Secretary shall commence 
     implementation of the activities included under the initial 
     development phase pursuant to this paragraph--
       ``(i) on the date of enactment of this section; and
       ``(ii) on completion of applicable feasibility studies, 
     environmental reviews, and cost-benefit analyses that include 
     favorable recommendations for further project development.
       ``(3) Intermediate and final phases.--
       ``(A) In general.--The Secretary, in coordination with the 
     State of Washington and in consultation with the Yakama 
     Nation, shall develop plans for intermediate and final 
     development phases of the Integrated Plan to achieve the 
     purposes of this Act, including conducting applicable 
     feasibility studies, environmental reviews, and other 
     relevant studies needed to develop the plans.
       ``(B) Intermediate phase.--The Secretary shall develop an 
     intermediate development phase to implement the Integrated 
     Plan that, subject to authorization and appropriation, would 
     commence not later than 10 years after the date of enactment 
     of this section.
       ``(C) Final phase.--The Secretary shall develop a final 
     development phase to implement the Integrated Plan that, 
     subject to authorization and appropriation, would commence 
     not later than 20 years after the date of enactment of this 
     section.
       ``(4) Contingencies.--The implementation by the Secretary 
     of projects and activities identified for implementation 
     under the Integrated Plan shall be--
       ``(A) subject to authorization and appropriation;
       ``(B) contingent on the completion of applicable 
     feasibility studies, environmental reviews, and cost-benefit 
     analyses that include favorable recommendations for further 
     project development;
       ``(C) implemented on public review and a determination by 
     the Secretary that design, construction, and operation of a 
     proposed project or activity is in the best interest of the 
     public; and
       ``(D) in compliance with all applicable laws, including the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq).
       ``(5) Progress report.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this section, the Secretary, in conjunction with 
     the State of Washington and in consultation with the Yakama 
     Nation, shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a progress report 
     on the development and implementation of the Integrated Plan.
       ``(B) Requirements.--The progress report under this 
     paragraph shall--
       ``(i) provide a review and reassessment, if needed, of the 
     objectives of the Integrated Plan, as applied to all elements 
     of the Integrated Plan;
       ``(ii) assess, through performance metrics developed at the 
     initiation of, and measured throughout the implementation of, 
     the Integrated Plan, the degree to which the implementation 
     of the initial development phase addresses the objectives and 
     all elements of the Integrated Plan;
       ``(iii) identify the amount of Federal funding and non-
     Federal contributions received and expended during the period 
     covered by the report;
       ``(iv) describe the pace of project development during the 
     period covered by the report;
       ``(v) identify additional projects and activities proposed 
     for inclusion in any future phase of the Integrated Plan to 
     address the objectives of the Integrated Plan, as applied to 
     all elements of the Integrated Plan; and
       ``(vi) for water supply projects--

       ``(I) provide a preliminary discussion of the means by 
     which--

       ``(aa) water and costs associated with each recommended 
     project would be allocated among authorized uses; and
       ``(bb) those allocations would be consistent with the 
     objectives of the Integrated Plan; and

       ``(II) establish a plan for soliciting and formalizing 
     subscriptions among individuals and entities for 
     participation in any of the recommended water supply projects 
     that will establish the terms for participation, including 
     fiscal obligations associated with subscription.

       ``(b) Financing, Construction, Operation, and Maintenance 
     of Kachess Drought Relief Pumping Plant and K to K 
     Pipeline.--
       ``(1) Agreements.--Long-term agreements negotiated between 
     the Secretary and participating proratable irrigation 
     entities in the Yakima Basin for the non-Federal financing, 
     construction, operation, and maintenance of the Drought 
     Relief Pumping Plant and K to K Pipeline shall include 
     provisions regarding--
       ``(A) responsibilities of the participating proratable 
     irrigation entities for the planning, design, and 
     construction of infrastructure in consultation and 
     coordination with the Secretary;
       ``(B) property titles and responsibilities of the 
     participating proratable irrigation entities for the 
     maintenance of and liability for all infrastructure 
     constructed under this title;
       ``(C) operation and integration of the projects by the 
     Secretary in the operation of the Yakima Project;
       ``(D) costs associated with the design, financing, 
     construction, operation, maintenance, and mitigation of 
     projects, with the costs of Federal oversight and review to 
     be nonreimbursable to the participating proratable irrigation 
     entities and the Yakima Project; and
       ``(E) responsibilities for the pumping and operational 
     costs necessary to provide the total water supply available 
     made inaccessible due to drought pumping during the preceding 
     1 or more calendar years, in the event that the Kachess 
     Reservoir fails to refill as a result of pumping drought 
     storage water during the preceding 1 or more calendar years, 
     which shall remain the responsibility of the participating 
     proratable irrigation entities.
       ``(2) Use of kachess reservoir stored water.--
       ``(A) In general.--The additional stored water made 
     available by the construction of facilities to access and 
     deliver inactive storage in Kachess Reservoir under 
     subsection (a)(2)(A)(ii)(I) shall--
       ``(i) be considered to be Yakima Project water;
       ``(ii) not be part of the total water supply available, as 
     that term is defined in various court rulings; and
       ``(iii) be used exclusively by the Secretary--

       ``(I) to enhance the water supply in years when the total 
     water supply available is not sufficient to provide 70 
     percent of proratable

[[Page S497]]

     entitlements in order to make that additional water available 
     up to 70 percent of proratable entitlements to the Kittitas 
     Reclamation District, the Roza Irrigation District, or other 
     proratable irrigation entities participating in the 
     construction, operation, and maintenance costs of the 
     facilities under this title under such terms and conditions 
     to which the districts may agree, subject to the conditions 
     that--

       ``(aa) the Bureau of Indian Affairs, the Wapato Irrigation 
     Project, and the Yakama Nation, on an election to 
     participate, may also obtain water from Kachess Reservoir 
     inactive storage to enhance applicable existing irrigation 
     water supply in accordance with such terms and conditions to 
     which the Bureau of Indian Affairs and the Yakama Nation may 
     agree; and
       ``(bb) the additional supply made available under this 
     clause shall be available to participating individuals and 
     entities in proportion to the proratable entitlements of the 
     participating individuals and entities, or in such other 
     proportion as the participating entities may agree; and

       ``(II) to facilitate reservoir operations in the reach of 
     the Yakima River between Keechelus Dam and Easton Dam for the 
     propagation of anadromous fish.

       ``(B) Effect of paragraph.--Nothing in this paragraph 
     affects (as in existence on the date of enactment of this 
     section) any contract, law (including regulations) relating 
     to repayment costs, water right, or Yakama Nation treaty 
     right.
       ``(3) Commencement.--The Secretary shall not commence 
     entering into agreements pursuant to subsection (a)(2)(A)(ii) 
     or subsection (b)(1) or implementing any activities pursuant 
     to the agreements before the date on which--
       ``(A) all applicable and required feasibility studies, 
     environmental reviews, and cost-benefit analyses have been 
     completed and include favorable recommendations for further 
     project development, including an analysis of--
       ``(i) the impacts of the agreements and activities 
     conducted pursuant to subsection (a)(2)(A)(ii) on adjacent 
     communities, including potential fire hazards, water access 
     for fire districts, community and homeowner wells, future 
     water levels based on projected usage, recreational values, 
     and property values; and
       ``(ii) specific options and measures for mitigating the 
     impacts, as appropriate;
       ``(B) the Secretary has made the agreements and any 
     applicable project designs, operations plans, and other 
     documents available for public review and comment in the 
     Federal Register for a period of not less than 60 days; and
       ``(C) the Secretary has made a determination, consistent 
     with applicable law, that the agreements and activities to 
     which the agreements relate--
       ``(i) are in the public interest; and
       ``(ii) could be implemented without significant adverse 
     impacts to the environment.
       ``(4) Electrical power associated with kachess drought 
     relief pumping plant.--
       ``(A) In general.--The Administrator of the Bonneville 
     Power Administration, pursuant to the Pacific Northwest 
     Electric Power Planning and Conservation Act (16 U.S.C. 839 
     et seq.), shall provide to the Secretary project power to 
     operate the Kachess Pumping Plant constructed under this 
     title if inactive storage in Kachess Reservoir is needed to 
     provide drought relief for irrigation, subject to the 
     requirements of subparagraphs (B) and (C).
       ``(B) Determination.--Power may be provided under 
     subparagraph (A) only if--
       ``(i) there is in effect a drought declaration issued by 
     the State of Washington;
       ``(ii) there are conditions that have led to 70 percent or 
     less water delivery to proratable irrigation districts, as 
     determined by the Secretary; and
       ``(iii) the Secretary determines that it is appropriate to 
     provide power under that subparagraph.
       ``(C) Period of availability.--Power under subparagraph (A) 
     shall be provided until the date on which the Secretary 
     determines that power should no longer be provided under that 
     subparagraph, but for not more than a 1-year period or the 
     period during which the Secretary determines that drought 
     mitigation measures are necessary in the Yakima River basin.
       ``(D) Rate.--The Administrator of the Bonneville Power 
     Administration shall provide power under subparagraph (A) at 
     the then-applicable lowest Bonneville Power Administration 
     rate for public body, cooperative, and Federal agency 
     customers firm obligations, which as of the date of enactment 
     of this section is the priority firm Tier 1 rate, and shall 
     not include any irrigation discount.
       ``(E) Local provider.--During any period in which power is 
     not being provided under subparagraph (A), the power needed 
     to operate the Kachess Pumping Plant shall be obtained by the 
     Secretary from a local provider.
       ``(F) Costs.--The cost of power for such pumping, station 
     service power, and all costs of transmitting power from the 
     Federal Columbia River Power System to the Yakima Enhancement 
     Project pumping facilities shall be borne by irrigation 
     districts receiving the benefits of that water.
       ``(G) Duties of commissioner.--The Commissioner of 
     Reclamation shall be responsible for arranging transmission 
     for deliveries of Federal power over the Bonneville system 
     through applicable tariff and business practice processes of 
     the Bonneville system and for arranging transmission for 
     deliveries of power obtained from a local provider.
       ``(c) Design and Use of Groundwater Recharge Projects.--
       ``(1) In general.--Any water supply that results from an 
     aquifer storage and recovery project shall not be considered 
     to be a part of the total water supply available if--
       ``(A) the water for the aquifer storage and recovery 
     project would not be available for use, but instead for the 
     development of the project;
       ``(B) the aquifer storage and recovery project will not 
     otherwise impair any water supply available for any 
     individual or entity entitled to use the total water supply 
     available; and
       ``(C) the development of the aquifer storage and recovery 
     project will not impair fish or other aquatic life in any 
     localized stream reach.
       ``(2) Project types.--The Secretary may provide technical 
     assistance for, and participate in, any of the following 3 
     types of groundwater recharge projects (including the 
     incorporation of groundwater recharge projects into Yakima 
     Project operations, as appropriate):
       ``(A) Aquifer recharge projects designed to redistribute 
     Yakima Project water within a water year for the purposes of 
     supplementing stream flow during the irrigation season, 
     particularly during storage control, subject to the condition 
     that if such a project is designed to supplement a mainstem 
     reach, the water supply that results from the project shall 
     be credited to instream flow targets, in lieu of using the 
     total water supply available to meet those targets.
       ``(B) Aquifer storage and recovery projects that are 
     designed, within a given water year or over multiple water 
     years--
       ``(i) to supplement or mitigate for municipal uses;
       ``(ii) to supplement municipal supply in a subsurface 
     aquifer; or
       ``(iii) to mitigate the effect of groundwater use on 
     instream flow or senior water rights.
       ``(C) Aquifer storage and recovery projects designed to 
     supplement existing irrigation water supply, or to store 
     water in subsurface aquifers, for use by the Kittitas 
     Reclamation District, the Roza Irrigation District, or any 
     other proratable irrigation entity participating in the 
     repayment of the construction, operation, and maintenance 
     costs of the facilities under this section during years in 
     which the total water supply available is insufficient to 
     provide to those proratable irrigation entities all water to 
     which the entities are entitled, subject to the conditions 
     that--
       ``(i) the Bureau of Indian Affairs, the Wapato Irrigation 
     Project, and the Yakama Nation, on an election to 
     participate, may also obtain water from aquifer storage to 
     enhance applicable existing irrigation water supply in 
     accordance with such terms and conditions to which the Bureau 
     of Indian Affairs and the Yakama Nation may agree; and
       ``(ii) nothing in this subparagraph affects (as in 
     existence on the date of enactment of this section) any 
     contract, law (including regulations) relating to repayment 
     costs, water right, or Yakama Nation treaty right.
       ``(d) Federal Cost-share.--
       ``(1) In general.--The Federal cost-share of a project 
     carried out under this section shall be determined in 
     accordance with the applicable laws (including regulations) 
     and policies of the Bureau of Reclamation.
       ``(2) Initial phase.--The Federal cost-share for the 
     initial development phase of the Integrated Plan shall not 
     exceed 50 percent of the total cost of the initial 
     development phase.
       ``(3) State and other contributions.--The Secretary may 
     accept as part of the non-Federal cost-share of a project 
     carried out under this section, and expend as if 
     appropriated, any contribution (including in-kind services) 
     by the State of Washington or any other individual or entity 
     that the Secretary determines will enhance the conduct and 
     completion of the project.
       ``(4) Limitation on use of other federal funds.--Except as 
     otherwise provided in this title, other Federal funds may not 
     be used to provide the non-Federal cost-share of a project 
     carried out under this section.
       ``(e) Savings and Contingencies.--Nothing in this section 
     shall--
       ``(1) be a new or supplemental benefit for purposes of the 
     Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
       ``(2) affect any contract in existence on the date of 
     enactment of the Yakima River Basin Water Enhancement Project 
     Phase III Act of 2016 that was executed pursuant to the 
     reclamation laws;
       ``(3) affect any contract or agreement between the Bureau 
     of Indian Affairs and the Bureau of Reclamation;
       ``(4) affect, waive, abrogate, diminish, define, or 
     interpret the treaty between the Yakama Nation and the United 
     States; or
       ``(5) constrain the continued authority of the Secretary to 
     provide fish passage in the Yakima Basin in accordance with 
     the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.).

     ``SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.

       ``The Secretary shall retain authority and discretion over 
     the management of project supplies to optimize operational 
     use and flexibility to ensure compliance with all applicable 
     Federal and State laws, treaty rights of the Yakama Nation, 
     and legal obligations, including those contained in this

[[Page S498]]

     Act. That authority and discretion includes the ability of 
     the United States to store, deliver, conserve, and reuse 
     water supplies deriving from projects authorized under this 
     title.''.
                                 ______
                                 
  SA 3191. Mr. MERKLEY (for himself, Mr. Schatz, and Mr. Markey) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF THE SENATE REGARDING CLIMATE CHANGE.

       It is the sense of the Senate that--
       (1) a global temperature increase of 3.6 degrees Fahrenheit 
     or greater will lead to significant disruption to the natural 
     systems of the earth, including--
       (A) increased droughts;
       (B) more intense wildfires;
       (C) rising seas;
       (D) increased desertification; and
       (E) acidifying oceans;
       (2) the impacts referred to in paragraph (1) will result in 
     economic disruption, including significant impacts on the 
     farming, fishing, forestry, recreation, and other sectors of 
     the United States economy;
       (3) the international community, representing more than 195 
     countries, agreed to take steps to avert 3.6 degrees 
     Fahrenheit of global temperature rise;
       (4) in order to tackle climate change and achieve the goal 
     of averting 3.6 degrees Fahrenheit of global temperature 
     rise, all countries must meet and build on their pledged 
     efforts and do their fair share to address climate change by 
     transitioning to clean sources of energy;
       (5) the final rule of the Administrator of the 
     Environmental Protection Agency entitled ``Carbon Pollution 
     Emission Guidelines for Existing Stationary Sources: Electric 
     Utility Generating Units'' (80 Fed. Reg. 64662 (October 23, 
     2015)) (referred to in this section as the ``Clean Power 
     Plan''), has put the United States on a path to cut carbon 
     emissions from the electricity sector by 32 percent from 2005 
     levels by 2030 and transition to a clean energy economy;
       (6) to adequately address the threat of climate change to 
     the United States economy, the President who takes office in 
     January 2017, will need to fully implement the Clean Power 
     Plan and other elements of the Climate Action Plan of 
     President Obama and develop additional measures to continue 
     progress toward greater reduction in greenhouse gas emissions 
     and a faster transition to clean energy; and
       (7) the President who takes office in January 2017, should 
     work with Congress to develop a comprehensive plan by June 1, 
     2017, that--
       (A) builds on the Climate Action Plan of President Obama; 
     and
       (B) continues--
       (i) carbon emission reductions by the United States; and
       (ii) global leadership of the United States in addressing 
     climate change.
                                 ______
                                 
  SA 3192. Mr. CASSIDY (for himself, Ms. Murkowski, Mr. Kaine, Mr. 
Scott, Mr. Vitter, Mr. Tillis, and Mr. Warner) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 3105. OIL AND GAS.

       (a) Disposition of Outer Continental Shelf Revenues to Gulf 
     Producing States.--Section 105(f) of the Gulf of Mexico 
     Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
     109-432) is amended by striking paragraph (1) and inserting 
     the following:
       ``(1) In general.--Subject to paragraph (2), the total 
     amount of qualified outer Continental Shelf revenues 
     described in section 102(9)(A)(ii) that are made available 
     under subsection (a)(2) shall not exceed--
       ``(A) for each of fiscal years 2017 through 2026, 
     $500,000,000;
       ``(B) for each of fiscal years 2027 through 2031, 
     $999,000,000; and
       ``(C) for each of fiscal years 2032 through 2055, 
     $500,000,000.''.
       (b) Distribution of Revenue to Alaska.--Section 9 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1338) is 
     amended--
       (1) by striking ``All rentals,'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsections (b) 
     and (c), all rentals,''; and
       (2) by adding at the end the following:
       ``(b) Distribution of Revenue to Alaska.--
       ``(1) Definitions.--In this subsection:
       ``(A) Coastal political subdivision.--The term `coastal 
     political subdivision' means a county-equivalent or municipal 
     subdivision of the State--
       ``(i) all or part of which lies within the coastal zone of 
     the State (as defined in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453)); and
       ``(ii)(I) the closest coastal point of which is not more 
     than 200 nautical miles from the geographical center of any 
     leased tract in the Alaska outer Continental Shelf region; or
       ``(II)(aa) the closest point of which is more than 200 
     nautical miles from the geographical center of a leased tract 
     in the Alaska outer Continental Shelf region; and
       ``(bb) that is determined by the State to be a significant 
     staging area for oil and gas servicing, supply vessels, 
     operations, suppliers, or workers.
       ``(B) Qualified revenues.--
       ``(i) In general.--The term `qualified revenues' means all 
     revenues derived from all rentals, royalties, bonus bids, and 
     other sums due and payable to the United States from energy 
     development in the Alaska outer Continental Shelf region.
       ``(ii) Exclusions.--The term `qualified revenues' does not 
     include revenues generated from leases subject to section 
     8(g).
       ``(C) State.--The term `State' means the State of Alaska.
       ``(2) Fiscal years 2027-2031.--For each of fiscal years 
     2027 through 2031, the Secretary shall deposit--
       ``(A) 62.5 percent of qualified revenues in the general 
     fund of the Treasury, of which 12.5 percent shall be 
     allocated to the Tribal Resilience Fund established by 
     section 3105(e) of the Energy Policy Modernization Act of 
     2016;
       ``(B) 28 percent of qualified revenues in a special account 
     in the Treasury, to be distributed by the Secretary to the 
     State;
       ``(C) 7.5 percent of qualified revenues in a special 
     account in the Treasury, to be distributed by the Secretary 
     to coastal political subdivisions; and
       ``(D) 2 percent of qualified revenues in the general 
     account of the Denali Commission.
       ``(3) Allocation among coastal political subdivisions.--Of 
     the amount paid by the Secretary to coastal political 
     subdivisions under paragraph (2)(C)--
       ``(A) 90 percent shall be allocated in amounts (based on a 
     formula established by the Secretary by regulation) that are 
     inversely proportional to the respective distances between 
     the point in each coastal political subdivision that is 
     closest to the geographic center of the applicable leased 
     tract and not more than 200 miles from the geographic center 
     of the leased tract; and
       ``(B) 10 percent shall be divided equally among each 
     coastal political subdivision that--
       ``(i) is more than 200 nautical miles from the geographic 
     center of a leased tract; and
       ``(ii) the State of Alaska determines to be a significant 
     staging area for oil and gas servicing, supply vessels, 
     operations, suppliers, or workers.
       ``(4) Timing.--The amounts required to be deposited under 
     paragraph (2) for the applicable fiscal year shall be made 
     available in accordance with that paragraph during the fiscal 
     year immediately following the applicable fiscal year.
       ``(5) Administration.--Amounts made available under 
     paragraph (2) shall--
       ``(A) be made available, without further appropriation, in 
     accordance with this subsection;
       ``(B) remain available until expended; and
       ``(C) be in addition to any amounts appropriated under any 
     other provision of law.''.
       (c) Disposition of Revenues to Atlantic States.--Section 9 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) (as 
     amended by subsection (b)) is amended by adding at the end 
     the following:
       ``(c) Distribution of Revenue to Atlantic States.--
       ``(1) Definitions.--In this subsection:
       ``(A) Atlantic state.--The term `Atlantic State' means any 
     of the following States, which are adjacent to the South 
     Atlantic planning area:
       ``(i) Georgia.
       ``(ii) North Carolina.
       ``(iii) South Carolina.
       ``(iv) Virginia.
       ``(B) Qualified revenues.--
       ``(i) In general.--The term `qualified revenues' means all 
     revenues derived from all rentals, royalties, bonus bids, and 
     other sums due and payable to the United States from energy 
     development in the Atlantic planning region.
       ``(ii) Exclusions.--The term `qualified revenues' does not 
     include revenues generated from leases subject to section 
     8(g).
       ``(C) South atlantic planning area.--The term `South 
     Atlantic planning area' means the area of the outer 
     Continental Shelf (as defined in section 2 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331)) that is located 
     between the northern lateral seaward administrative boundary 
     of the Commonwealth of Virginia and the southernmost lateral 
     seaward administrative boundary of the State of Georgia.
       ``(2) Deposit.--For each of fiscal years 2027 through 2031, 
     the Secretary shall deposit--
       ``(A) 62.5 percent of any qualified revenues in the general 
     fund of the Treasury, of which 12.5 percent shall be split 
     equally among, and allocated to, or deposited in, as 
     applicable--
       ``(i) programs for energy efficiency, renewable energy, and 
     nuclear at the Department of Energy;
       ``(ii) the National Park Service Critical Maintenance and 
     Revitalization Conservation Fund established by section 
     104908 of title 54, United States Code, for use in accordance 
     with subsection (d) of that section; and

[[Page S499]]

       ``(iii) the Secretary of Transportation to administer and 
     award TIGER discretionary grants; and
       ``(B) 37.5 percent of any qualified revenues in a special 
     account in the Treasury from which the Secretary shall 
     disburse amounts to the Atlantic States in accordance with 
     paragraph (3).
       ``(3) Allocation to states.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     effective for fiscal year 2017 and each fiscal year 
     thereafter, the Secretary of the Treasury shall allocate the 
     qualified revenues described in paragraph (2)(B) to each 
     Atlantic State in amounts (based on a formula established by 
     the Secretary, by regulation) that are inversely proportional 
     to the respective distances between--
       ``(i) the point on the coastline of each Atlantic State 
     that is closest to the geographical center of the applicable 
     leased tract; and
       ``(ii) the geographical center of that leased tract.
       ``(B) Minimum allocation.--The amount allocated to an 
     Atlantic State for each fiscal year under subparagraph (A) 
     shall be not less than 10 percent of the amounts available 
     under paragraph (2)(B).
       ``(C) State allocation.--Of the amounts received by a State 
     under subparagraph (A), the Atlantic State may use, at the 
     discretion of the Governor of the State--
       ``(i) 10 percent--

       ``(I) to enhance State land and water conservation efforts;
       ``(II) to improve State public transportation projects;
       ``(III) to establish alternative, renewable, and clean 
     energy production and generation within each State; and
       ``(IV) to enhance beach nourishment and costal dredging; 
     and

       ``(ii) 2.5 percent to enhance geological and geophysical 
     education for the energy future of the United States.
       ``(4) Timing.--The amounts required to be deposited under 
     paragraph (2) for the applicable fiscal year shall be made 
     available in accordance with that paragraph during the fiscal 
     year immediately following the applicable fiscal year.''.
       (d) Tribal Resilience Program.--
       (1) Definition of indian tribe.--In this subsection, the 
     term ``Indian tribe'' has the meaning given the term in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b).
       (2) Establishment.--The Secretary shall establish a 
     program--
       (A) to improve the resilience of Indian tribes to the 
     effects of a changing climate;
       (B) to support Native American leaders in building strong, 
     resilient communities; and
       (C) to ensure the development of modern, cost-effective 
     infrastructure.
       (3) Grants.--Subject to the availability of appropriations 
     and amounts in the Tribal Resilience Fund established by 
     subsection (e)(1), in carrying out the program described in 
     paragraph (2), the Secretary shall make adaptation grants, in 
     amounts not to exceed $200,000,000 total per fiscal year, to 
     Indian tribes for eligible activities described in paragraph 
     (4).
       (4) Eligible activities.--An Indian tribe receiving a grant 
     under paragraph (3) may only use grant funds for 1 or more of 
     the following eligible activities:
       (A) Development and delivery of adaptation training.
       (B) Adaptation planning, vulnerability assessments, 
     emergency preparedness planning, and monitoring.
       (C) Capacity building through travel support for training, 
     technical sessions, and cooperative management forums.
       (D) Travel support for participation in ocean and coastal 
     planning.
       (E) Development of science-based information and tools to 
     enable adaptive resource management and the ability to plan 
     for resilience.
       (F) Relocation of villages or other communities 
     experiencing or susceptible to coastal or river erosion.
       (G) Construction of infrastructure to support emergency 
     evacuations.
       (H) Restoration or repair of infrastructure damaged by 
     melting permafrost or coastal or river erosion.
       (I) Installation and management of energy systems that 
     reduce energy costs and greenhouse gas emissions compared to 
     the energy systems in use before that installation and 
     management.
       (J) Construction and maintenance of social or cultural 
     infrastructure that the Secretary determines supports 
     resilience.
       (5) Applications.--An Indian tribe desiring an adaptation 
     grant under paragraph (3) shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require, including a 
     description of the eligible activities to be undertaken using 
     the grant.
       (6) Capital projects.--Of amounts made available to carry 
     out this program, not less than 90 percent shall be used for 
     the engineering, design, and construction or implementation 
     of capital projects.
       (7) Interagency cooperation.--The Secretary and the 
     Administrator of the Environmental Protection Agency shall 
     establish under the White House Council on Native American 
     Affairs an interagency subgroup on tribal resilience--
       (A) to work with Indian tribes to collect and share data 
     and information, including traditional ecological knowledge, 
     about how the effects of a changing climate are relevant to 
     Indian tribes and Alaska Natives; and
       (B) to identify opportunities for the Federal Government to 
     improve collaboration and assist with adaptation and 
     mitigation efforts that promote resilience.
       (8) Tribal resilience liaison.--The Secretary shall 
     establish a tribal resilience liaison--
       (A) to coordinate with Indian tribes and relevant Federal 
     agencies; and
       (B) to help ensure tribal engagement in climate 
     conversations at the Federal level.
       (e) Tribal Resilience Fund.--
       (1) Establishment.--There is established in the Treasury a 
     fund, to be known as the ``Tribal Resilience Fund'' (referred 
     to in this subsection as the ``Fund'').
       (2) Deposits.--The Fund shall consist of the following:
       (A) Amounts made available through an appropriation Act for 
     deposit in the Fund.
       (B) Amounts deposited into the Fund under subsection 
     (b)(2)(A) of section 9 of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1338) (as added by subsection (b)(2)).
       (3) Authorization of appropriations.--
       (A) In general.--In addition to the amounts estimated by 
     the Secretary to be deposited in the Fund under paragraph 
     (2), there are authorized to be appropriated annually to the 
     Fund out of any money in the Treasury not otherwise 
     appropriated such amounts as are necessary to make the income 
     of the Fund not more than $200,000,000 for fiscal year 2027 
     and each fiscal year thereafter.
       (B) Availability of deposits.--
       (i) In general.--Amounts deposited in the Fund under this 
     paragraph shall remain available until expended, without 
     fiscal year limitation.
       (ii) Use.--Amounts deposited in the Fund under this 
     paragraph and made available for obligation or expenditure 
     from the Fund may be obligated or expended only to carry out 
     the Tribal Resilience Program under subsection (d).
                                 ______
                                 
  SA 3193. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle G of title IV, add the following:

     SEC. 46__. COMMUNITY AND SHARED SOLAR PROJECTS PRIZE.

       Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
     16396) (as amended by section 4601) is amended by adding at 
     the end the following:
       ``(h) Community and Shared Solar Projects Prize 
     Competition.--
       ``(1) Definitions.--
       ``(A) Community solar.--In this subsection:
       ``(i) In general.--The term `community solar' means a 
     jointly owned or third-party owned shared solar photovoltaic 
     system that allocates electricity to multiple businesses or 
     households.
       ``(ii) Exclusions.--The term `community solar' does not 
     include--

       ``(I) a financing mechanism in which a security holder has 
     only an economic interest and does not use the energy; or
       ``(II) a collective purchasing program in which community 
     members buy separate photovoltaic systems collectively.

       ``(B) Eligible applicant.--The term `eligible applicant' 
     means--
       ``(i) a utility;
       ``(ii) a private business;
       ``(iii) a nonprofit organization; or
       ``(iv) a municipality.
       ``(2) Authority.--Not later than 1 year after the date of 
     enactment of this subsection, as part of the program carried 
     out under this section, the Secretary shall establish and 
     award to eligible applicants competitive technology financial 
     awards or relevant cash prizes for community solar project 
     designs.
       ``(3) Requirements.--
       ``(A) In general.--In awarding prizes under paragraph (2), 
     the Secretary shall select innovative community solar project 
     designs that--
       ``(i) increase access to solar energy;
       ``(ii) reduce upfront costs for participants;
       ``(iii) provide the greatest return on investment;
       ``(iv) can be replicated in other communities;
       ``(v) improve economies of scale;
       ``(vi) create local jobs; and
       ``(vii) provide local benefits through energy 
     diversification.
       ``(B) Consideration.--In awarding prizes under paragraph 
     (2), the Secretary shall select innovative community solar 
     project designs that consider low- and moderate-income 
     populations in the requirements described in subparagraph 
     (A).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary.''.
                                 ______
                                 
  SA 3194. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms.

[[Page S500]]

Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. ALISO CANYON NATURAL GAS LEAK TASK FORCE.

       (a) Findings.--Congress finds that--
       (1) on October 23, 2015, a natural gas leak was discovered 
     at a well within the Aliso Canyon Natural Gas Storage 
     Facility in Los Angeles County in the State of California, 
     and as of January 27, 2016, attempts by the Southern 
     California Gas Company (referred to in this section as the 
     ``Company'') to stop the leak have not been successful;
       (2) the leak appears to be caused by damage to the well 
     casing at approximately 500 feet underground;
       (3) the Company has attempted several times to plug the 
     well, but as of January 28, 2016, those efforts have been 
     unsuccessful;
       (4) many residents in the nearby community have reported 
     adverse physical symptoms including dizziness, nausea, and 
     nosebleeds as a result of the natural gas leak, and the 
     continuing emissions from the leak have resulted in the 
     relocation of thousands of people away from their homes and 
     livelihoods;
       (5) local schools have temporarily closed, many businesses 
     have been negatively impacted, and regular public services 
     such as mail delivery have also been disrupted;
       (6) more than 86,500,000 kilograms of methane, a powerful 
     greenhouse gas, have been emitted into the atmosphere, which 
     is--
       (A) the equivalent of 2,200,000 metric tons of carbon 
     dioxide; or
       (B) more greenhouse gas than 468,000 cars emit in 1 year;
       (7) agencies of the State of California issued an emergency 
     order on December 10, 2015, prohibiting injection of natural 
     gas into the Aliso Canyon Storage Facility until further 
     authorization; and
       (8) on January 6, 2016, the Governor of the State of 
     California declared a state of emergency for Los Angeles 
     County due to the Aliso Canyon natural gas leak.
       (b) Establishment of Task Force.--Not later than 15 days 
     after the date of enactment of this Act, the Secretary shall 
     lead and establish an Aliso Canyon Task Force (referred to in 
     this section as the ``task force'').
       (c) Membership of Task Force.--In addition to the 
     Secretary, the task force shall be composed of--
       (1) 1 representative from the Pipeline and Hazardous 
     Materials Safety Administration;
       (2) 1 representative from the Department of Health and 
     Human Services;
       (3) 1 representative from the Environmental Protection 
     Agency;
       (4) 1 representative from the Department of the Interior;
       (5) 1 representative from the Department of Commerce; and
       (6) 1 representative from the Federal Energy Regulatory 
     Commission.
       (d) Report.--
       (1) Final report.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the task force shall submit a final 
     report that contains the information described in 
     subparagraph (B) to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate;
       (ii) the Committee on Natural Resources of the House of 
     Representatives;
       (iii) the Committee on Environment and Public Works of the 
     Senate;
       (iv) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (v) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (vi) the Committee on Energy and Commerce of the House of 
     Representatives;
       (vii) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       (viii) the Committee on Education and the Workforce of the 
     House of Representatives;
       (ix) the President; and
       (x) relevant Federal and State agencies.
       (B) Information included.--The report submitted under 
     subparagraph (A) shall include, at a minimum--
       (i) an analysis and conclusion of the cause of the Aliso 
     Canyon natural gas leak;
       (ii) an analysis of measures taken to stop the natural gas 
     leak, with an immediate focus on other, more effective 
     measures that could be taken;
       (iii) an assessment of the impact of the natural gas leak 
     on health, safety, the environment, and the economy of the 
     residents and property surrounding Aliso Canyon;
       (iv) an analysis of how Federal and State agencies 
     responded to the natural gas leak;
       (v) in order to lessen the negative impacts of natural gas 
     leaks, recommendations on how to improve--

       (I) the response to a future leak; and
       (II) coordination between all appropriate Federal, State, 
     and local agencies in the response to the Aliso Canyon 
     natural gas leak and future natural gas leaks;

       (vi) an analysis of the potential for a similar natural gas 
     leak to occur at other underground natural gas storage 
     facilities in the United States;
       (vii) recommendations on how to prevent any future natural 
     gas leaks;
       (viii) recommendations on whether to continue operations at 
     Aliso Canyon and other facilities in close proximity to 
     residential populations based on an assessment of the risk of 
     a future natural gas leak;
       (ix) a recommendation on information that is not currently 
     collected but that would be in the public interest to collect 
     and distribute to agencies and institutions for the continued 
     study and monitoring of natural gas infrastructure in the 
     United States;
       (x) an analysis of the impact of the Aliso Canyon natural 
     gas leak on wholesale and retail electricity prices; and
       (xi) an analysis of the impact of the Aliso Canyon natural 
     gas leak on the reliability of the bulk-power system.
       (2) Publication.--The final report under paragraph (1) 
     shall be made available to the public in an electronically 
     accessible format.
       (3) If, before the final report is submitted under 
     paragraph (1) the task force finds methods to solve the 
     natural gas leak at Aliso Canyon; better protect the affected 
     communities; or finds methods to help prevent other leaks, 
     they must immediately issue such findings to the same 
     entities that are to receive the final report.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary.
                                 ______
                                 
  SA 3195. Mr. MERKLEY (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. KLAMATH PROJECT WATER AND POWER.

       (a) Addressing Water Management and Power Costs for 
     Irrigation.--The Klamath Basin Water Supply Enhancement Act 
     of 2000 (Public Law 106-498; 114 Stat. 2221) is amended--
       (1) by redesignating sections 4 through 6 as sections 5 
     through 7, respectively; and
       (2) by inserting after section 3 the following:

     ``SEC. 4. POWER AND WATER MANAGEMENT.

       ``(a) Definitions.--In this section:
       ``(1) Covered power use.--The term `covered power use' 
     means a use of power to develop or manage water for 
     irrigation, wildlife purposes, or drainage on land that is--
       ``(A) associated with the Klamath Project, including land 
     within a unit of the National Wildlife Refuge System that 
     receives water due to the operation of Klamath Project 
     facilities; or
       ``(B) irrigated by the class of users covered by the 
     agreement dated April 30, 1956, between the California Oregon 
     Power Company and Klamath Basin Water Users Protective 
     Association and within the Off Project Area (as defined in 
     the Upper Basin Comprehensive Agreement entered into on April 
     18, 2014), only if each applicable owner and holder of a 
     possessory interest of the land is a party to that agreement 
     (or a successor agreement that the Secretary determines 
     provides a comparable benefit to the United States).
       ``(2) Klamath project.--
       ``(A) In general.--The term `Klamath Project' means the 
     Bureau of Reclamation project in the States of California and 
     Oregon.
       ``(B) Inclusions.--The term `Klamath Project' includes any 
     dams, canals, and other works and interests for water 
     diversion, storage, delivery, and drainage, flood control, 
     and similar functions that are part of the project described 
     in subparagraph (A).
       ``(3) Power cost benchmark.--The term `power cost 
     benchmark' means the average net delivered cost of power for 
     irrigation and drainage at Reclamation projects in the area 
     surrounding the Klamath Project that are similarly situated 
     to the Klamath Project, including Reclamation projects that--
       ``(A) are located in the Pacific Northwest; and
       ``(B) receive project-use power.
       ``(b) Water, Environmental, and Power Activities.--The 
     Secretary may carry out any activities, including entering 
     into an agreement or contract or otherwise making financial 
     assistance available--
       ``(1) to plan, implement, and administer programs to align 
     water supplies and demand for irrigation water users 
     associated with the Klamath Project, with a primary emphasis 
     on programs developed or endorsed by local entities comprised 
     of representatives of those water users;
       ``(2) to plan and implement activities and projects that--
       ``(A) avoid or mitigate environmental effects of irrigation 
     activities; or
       ``(B) restore habitats in the Klamath Basin watershed, 
     including restoring tribal fishery resources held in trust; 
     and
       ``(3) to limit the net delivered cost of power for covered 
     power uses.
       ``(c) Reducing Power Costs.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Energy Policy Modernization Act of 2016, 
     the Secretary, in consultation with interested irrigation 
     interests, shall submit to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report that--
       ``(A) identifies the power cost benchmark; and
       ``(B) recommends actions that, in the judgment of the 
     Secretary, are necessary and appropriate to ensure that the 
     net delivered

[[Page S501]]

     power cost for covered power use is equal to or less than the 
     power cost benchmark, including a description of--
       ``(i) actions to immediately reduce power costs and to have 
     the net delivered power cost for covered power use be equal 
     to or less than the power cost benchmark in the near term, 
     while longer-term actions are being implemented;
       ``(ii) actions that prioritize water and power conservation 
     and efficiency measures and, to the extent actions involving 
     the development or acquisition of power generation are 
     included, renewable energy technologies (including 
     hydropower);
       ``(iii) the potential costs and timeline for the actions 
     recommended under this subparagraph;
       ``(iv) provisions for modifying the actions and timeline to 
     adapt to new information or circumstances; and
       ``(v) a description of public input regarding the proposed 
     actions, including input from water users that have covered 
     power use and the degree to which those water users concur 
     with the recommendations.
       ``(2) Implementation.--Not later than 180 days after the 
     date of submission of the report under paragraph (1), the 
     Secretary shall implement the recommendations described in 
     the report, subject to availability of appropriations, on the 
     fastest practicable timeline.
       ``(3) Annual reports.--The Secretary shall submit to each 
     Committee described in paragraph (1) annual reports 
     describing progress achieved in meeting the requirements of 
     this subsection.
       ``(d) Treatment of Power Purchases.--Any purchase of power 
     by the Secretary under this section shall be considered to be 
     an authorized sale for purposes of section 5(b)(3) of the 
     Pacific Northwest Electric Power Planning and Conservation 
     Act (16 U.S.C. 839c(b)(3)).
       ``(e) Goals.--The goals of activities under subsections (b) 
     and (c) shall include, as applicable--
       ``(1) the short-term and long-term reduction and resolution 
     of conflicts relating to water in the Klamath Basin 
     watershed; and
       ``(2) compatibility and utility for resolving other natural 
     resource conflicts, particularly through collaboratively 
     developed agreements.
       ``(f) Pumping Plant D.--The Secretary may enter into 1 or 
     more agreements with the Tulelake Irrigation District to 
     reimburse the Tulelake Irrigation District for not more than 
     69 percent of the cost incurred by the Tulelake Irrigation 
     District for the operation and maintenance of Pumping Plant 
     D.''.
       (b) Conveyance of Non-Project Water; Replacement of C 
     Canal.--
       (1) Definition of klamath project.--In this subsection:
       (A) In general.--The term ``Klamath Project'' means the 
     Bureau of Reclamation project in the States of California and 
     Oregon, as authorized under the Act of June 17, 1902 (32 
     Stat. 388, chapter 1093).
       (B) Inclusions.--The term ``Klamath Project'' includes any 
     dams, canals, and other works and interests for water 
     diversion, storage, delivery, and drainage, flood control, 
     and similar functions that are part of the project described 
     in subparagraph (A).
       (2) Conveyance of non-project water.--
       (A) In general.--An entity operating under a contract 
     entered into with the United States for the operation and 
     maintenance of Klamath Project works or facilities, and an 
     entity operating any work or facility not owned by the United 
     States that receives Klamath Project water, may use any of 
     the Klamath Project works or facilities to convey non-Klamath 
     Project water for any authorized purpose of the Klamath 
     Project, subject to subparagraphs (B) and (C).
       (B) Permits; measurement.--An addition, conveyance, and use 
     of water pursuant to subparagraph (A) shall be subject to the 
     requirements that--
       (i) the applicable entity shall secure all permits required 
     under State or local laws; and
       (ii) all water delivered into, or taken out of, a Klamath 
     Project facility pursuant to that subparagraph shall be 
     measured.
       (C) Effect.--A use of Klamath Project water under this 
     paragraph shall not--
       (i) adversely affect the delivery of water to any water 
     user or land served by the Klamath Project; or
       (ii) result in any additional cost to the United States.
       (3) Replacement of c canal flume.--The replacement of the C 
     Canal flume within the Klamath Project shall be considered to 
     be, and shall receive the treatment authorized for, emergency 
     extraordinary operation and maintenance work in accordance 
     with Federal reclamation law (the Act of June 17, 1902 (32 
     Stat. 388, chapter 1093), and Acts supplemental to and 
     amendatory of that Act (43 U.S.C. 371 et seq.)).
                                 ______
                                 
  SA 3196. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FEDERAL DISASTER FUNDING FOR RECOVERY FROM LARGE-
                   SCALE CYBER INCIDENTS.

       Section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122) is amended--
       (1) in paragraph (2), by striking ``or explosion'' and 
     inserting ``explosion, or cyber incident''; and
       (2) by adding at the end the following:
       ``(13) Critical infrastructure.--The term `critical 
     infrastructure' has the meaning given the term in section 
     1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
       ``(14) Cyber incident.--The term `cyber incident' means 
     actions taken against critical infrastructure through the use 
     of computer networks that result in a significant adverse 
     effect on the provision of essential services (as described 
     in section 427(a)(1)), which--
       ``(A) lasts for a period of more than 24-hours; and
       ``(B) affects the provision of essential services in more 
     than 1 State.''.
                                 ______
                                 
  SA 3197. Ms. COLLINS (for herself, Ms. Mikulski, and Ms. Hirono) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 157, strike line 24 and insert the following:
     tion.

     ``SEC. 225. CRITICAL ELECTRIC INFRASTRUCTURE AT GREATEST 
                   RISK.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Select Committee on Intelligence of the Senate;
       ``(B) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(C) the Committee on Energy and Natural Resources of the 
     Senate; and
       ``(D) the Committee on Energy and Commerce of the House of 
     Representatives.
       ``(2) Critical electric infrastructure.--The term `critical 
     electric infrastructure' means a system or asset of the bulk-
     power system, whether physical or virtual, the incapacity or 
     destruction of which would negatively affect national 
     security, economic security, public health or safety, or any 
     combination of those matters.
       ``(3) Covered entity.--The term `covered entity' means an 
     entity identified pursuant to section 9(a) of Executive Order 
     13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to 
     identification of critical infrastructure where a 
     cybersecurity incident could reasonably result in 
     catastrophic regional or national effects on public health or 
     safety, economic security, or national security, that owns or 
     operates critical electric infrastructure.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(b) Mitigation Strategy Required for Critical Electric 
     Infrastructure at Greatest Risk.--Not later than 1 year after 
     the date of enactment of this Act, the Commission, in 
     consultation with the Secretary and each covered entity, 
     shall identify and propose prioritized, risk-based actions to 
     mitigate cyber risk for each covered entity such that, to the 
     greatest extent practicable, a cyber security incident 
     affecting that covered entity would be less likely to result 
     in catastrophic regional or national effects on public health 
     or safety, economic security, or national security, given 
     current and projected cyber risks.
       ``(c) Report Required.--Not later than 60 days after the 
     date on which the Commission has taken the actions required 
     under subsection (b), the Commission shall submit to the 
     appropriate congressional committees a report describing--
       ``(1) the current and projected cyber risks considered by 
     the Commission; and
       ``(2) a summary of the type of actions proposed by the 
     Commission.''.
                                 ______
                                 
  SA 3198. Mr. BROWN (for himself and Mr. Kirk) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 10__. INCREASING WATER EFFICIENCY IN FEDERAL BUILDINGS.

       (a) Definitions.--In this section:
       (1) ANSI-accredited plumbing code.--The term ``ANSI-
     accredited plumbing code'' means a construction code for a 
     plumbing system of a building that meets applicable codes 
     established by the American National Standards Institute.
       (2) ANSI-audited designator.--The term ``ANSI-audited 
     designator'' means an accredited developer that is recognized 
     by the American National Standards Institute.
       (3) Green plumbers usa training program.--The term ``Green 
     Plumbers USA training program'' means the training and 
     certification program teaching sustainability and water-
     savings practices that is established by the Green Plumbers 
     organization.
       (4) Helmets to hardhats program.--The term ``Helmets to 
     Hardhats program'' means

[[Page S502]]

     the national, nonprofit program that connects National Guard, 
     Reserve, retired, and transitioning active-duty military 
     service members with skilled training and quality career 
     opportunities in the construction industry.
       (5) Plumbing efficiency research coalition.--The term 
     ``Plumbing Efficiency Research Coalition'' means the industry 
     coalition comprised of plumbing manufacturers, code 
     developers, plumbing engineers, and water efficiency experts 
     established to advance plumbing research initiatives that 
     support the development of water efficiency and sustainable 
     plumbing products, systems, and practices.
       (b) Water Efficiency Standards.--The Secretary shall work 
     with ANSI-audited designators to promote the implementation 
     and use in the construction of Federal building of plumbing 
     products, systems, and practices that meet standards and 
     codes that achieve the highest level of water efficiency and 
     conservation practicable consistent with construction budgets 
     and the goals of Executive Order 13514 (42 U.S.C. 4321 note; 
     relating to Federal leadership in environmental, energy, and 
     economic performance), including--
       (1) the most recent version of the ANSI-accredited plumbing 
     code; and
       (2) if no ANSI-accredited plumbing code exists, alternative 
     plumbing standards and codes established by the Secretary.
       (c) Training Programs.--The Secretary shall work with 
     nationally recognized plumbing training programs that meet 
     applicable plumbing licensing requirements to provide 
     competency training for individuals who install and repair 
     plumbing systems in Federal and other buildings, including--
       (1) the Helmets to Hardhats training program; and
       (2) the Green Plumbers USA training program.
       (d) Water Efficiency Research.--The Secretary shall promote 
     plumbing research that increases water efficiency and 
     conservation in plumbing products, systems, and practices 
     used in Federal and other buildings and reduces the 
     unintended consequences of reduced flows in the building 
     drains and water supply systems of the United States, which 
     may include working with the Andrew W. Breidenbach 
     Environmental Research Center and the Plumbing Efficiency 
     Research Coalition--
       (1) to provide and exchange experts to conduct water 
     efficiency and conservation plumbing-related studies;
       (2) to assist in creating public awareness of reports of 
     the Plumbing Efficiency Research Coalition; and
       (3) to provide financial assistance if applicable and 
     available.
                                 ______
                                 
  SA 3199. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 10__.

       (a) Use of Funds.--Section 544 of the Energy Independence 
     and Security Act of 2007 (42 U.S.C. 17154) is amended--
       (1) in the matter preceding paragraph (1), by striking ``An 
     eligible entity'' and inserting the following:
       ``(a) In General.--An eligible entity''; and
       (2) by adding at the end the following:
       ``(b) Priority.--An eligible entity receiving a grant under 
     this subtitle shall prioritize projects that use LED 
     lighting, solar electricity generating, or energy efficiency 
     building technologies at buildings and facilities within the 
     jurisdiction of the eligible entity.''.
       (b) Review and Evaluation.--Section 547 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17157) is 
     amended by adding at the end the following:
       ``(c) Procurement Improvement.--Not later than 1 year after 
     the date of enactment of this subsection, the Secretary, in 
     consultation with eligible entities, shall revise the grant 
     and procurement practices of the Department of Energy to 
     ensure the most effective allocation and use of the funds 
     made available under section 548.''.
       (c) Funding.--Section 548(a) of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17158(a)) is amended--
       (1) in paragraph (1), by striking ``2008 through 2012'' and 
     inserting ``2018 through 2020''; and
       (2) in paragraph (2), by striking subparagraphs (A) through 
     (C) and inserting the following:
       ``(A) $20,000,000 for fiscal year 2017; and
       ``(B) $25,000,000 for each of fiscal years 2018 through 
     2020.''.
                                 ______
                                 
  SA 3200. Mr. WHITEHOUSE (for himself, Mr. Markey, Mr. Schatz, and Mr. 
Sanders) submitted an amendment intended to be proposed to amendment SA 
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF THE SENATE REGARDING ACTIVITIES OF 
                   CERTAIN COMPANIES.

       (a) Sense of the Senate Regarding Tobacco Companies.--It is 
     the sense of the Senate that--
       (1) according to peer-reviewed scientific research and 
     Federal courts, tobacco companies have long known about the 
     harmful health effects of their products; and
       (2) contrary to the scientific findings of the tobacco 
     companies and of others about the danger tobacco poses to 
     human health, tobacco companies--
       (A) used a sophisticated and deceitful campaign that 
     included funding think tanks to deny, counter, and obstruct 
     peer-reviewed science; and
       (B) used that misinformation campaign to mislead the public 
     and cast doubt in order to protect their financial interest.
       (b) Sense of the Senate Regarding Lead-related 
     Manufacturers.--It is the sense of the Senate that--
       (1) according to peer-reviewed scientific research and 
     State courts, the harmful effects of lead in paint and other 
     products were known to the paint industry, gasoline 
     manufacturers, and lead producers throughout the 20th 
     century; and
       (2) contrary to the scientific findings of those companies 
     and of others about the danger lead poses to human health, 
     those companies--
       (A) used a sophisticated and deceitful campaign that 
     included funding think tanks to deny, counter, and obstruct 
     peer-reviewed research; and
       (B) used that misinformation campaign to mislead the public 
     and cast doubt in order to protect their financial interest.
       (c) Sense of the Senate Regarding Fossil Fuel Companies.--
     It is the sense of the Senate that--
       (1) according to peer-reviewed scientific research and 
     investigative reporting, fossil fuel companies have long 
     known about the harmful climate effects of their products; 
     and
       (2) contrary to the scientific findings of the fossil fuel 
     companies and of others about the danger fossil fuels pose to 
     the climate, fossil fuel companies--
       (A) used a sophisticated and deceitful campaign that 
     included funding think tanks to deny, counter, and obstruct 
     peer-reviewed research; and
       (B) used that misinformation campaign to mislead the public 
     and cast doubt in order to protect their financial interest?.
       (d) Sense of the Senate Regarding Certain Corporations.--It 
     is the sense of the Senate that the Senate--
       (1) disapproves of activities by certain corporations and 
     organizations funded by those corporations to deliberately 
     undermine peer-reviewed scientific research about the dangers 
     of their products and cast doubt on science in order to 
     protect their financial interests; and
       (2) urges fossil fuel companies to cooperate with active or 
     future investigations into their climate-change related 
     activities and what the companies knew and when they knew it.
                                 ______
                                 
  SA 3201. Mr. WARNER (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                        TITLE VI--MISCELLANEOUS

     SEC. 6001. INTERAGENCY TRANSFER OF LAND ALONG GEORGE 
                   WASHINGTON MEMORIAL PARKWAY.

       (a) Definition.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Research center.--The term ``Research Center'' means 
     the Federal Highway Administration's Turner-Fairbank Highway 
     Research Center.
       (3) Map.--The term ``Map'' means the map titled ``George 
     Washington Memorial Parkway--Claude Moore Farm Proposed 
     Boundary Adjustment'', numbered 850_130815, and dated 
     December 2015.
       (b) Administrative Jurisdiction Transfer.--
       (1) Transfer of jurisdiction.--The Secretary and the 
     Secretary of Transportation, as appropriate, are authorized 
     to exchange administrative jurisdiction of--
       (A) approximately 0.342 acres of Federal land under the 
     jurisdiction of the Department of the Interior within the 
     boundary of the George Washington Memorial Parkway, generally 
     depicted as ``B'' on the Map; and
       (B) the approximately 0.479 acres of Federal land within 
     the boundary of the Research Center land under the 
     jurisdiction of the Department of Transportation adjacent to 
     the boundary of the George Washington Memorial Parkway, 
     generally depicted as ``A'' on the Map.
       (2) Use restriction.--The Secretary shall restrict the use 
     of 0.139 acres of Federal land within the boundary of the 
     George Washington Memorial Parkway immediately adjacent to 
     part of the north perimeter fence of the Research Center, 
     generally depicted as ``C'' on the Map, by prohibiting the 
     storage, construction, or installation of any item that may 
     obstruct the view from the Research Center into the George 
     Washington Memorial Parkway.

[[Page S503]]

       (3) Reimbursement or consideration.--The transfers of 
     administrative jurisdiction under this section shall occur 
     without reimbursement or consideration.
       (4) Compliance with agreement.--
       (A) Agreement.--The National Park Service and the Federal 
     Highway Administration shall comply with all terms and 
     conditions of the Agreement entered into by the parties on 
     September 11, 2002, regarding the transfer of administrative 
     jurisdiction, management, and maintenance of the lands 
     discussed in that Agreement.
       (B) Access to restricted land.--
       (i) In general.--Subject to clauses (ii) and (iii), the 
     Secretary shall allow the Research Center to access the land 
     described in paragraph (1)(B) for purposes of maintenance in 
     accordance with National Park Service standards, including 
     grass mowing, weed control, tree maintenance, fence 
     maintenance, and maintenance of the visual appearance of the 
     land.
       (ii) Pruning and removal of tress.--No tree on the land 
     described in paragraph (1)(B) that is 6 inches or more in 
     diameter shall be pruned or removed without the advance 
     written permission of the Secretary.
       (iii) Pesticides.--The use of pesticides on the land 
     described in paragraph (1)(B) shall be approved in writing by 
     the Secretary prior to application of the pesticides.
       (c) Management of Transferred Lands.--
       (1) Interior land.--The Federal land transferred to the 
     Secretary under this section shall be included in the 
     boundaries of the George Washington Memorial Parkway and 
     shall be administered by the National Park Service as part of 
     the parkway subject to applicable laws and regulations.
       (2) Transportation land.--The Federal land transferred to 
     the Secretary of Transportation under this section shall be 
     included in the boundary of the Research Center and shall be 
     removed from the boundary of parkway.
       (3) Restricted-use land.--The Federal land the Secretary 
     has designated for restricted use under subsection (b)(2) 
     shall be maintained by the Research Center.
       (d) Map on File.--The Map shall be available for public 
     inspection in the appropriate offices of the National Park 
     Service, Department of Interior.
                                 ______
                                 
  SA 3202. Mr. ISAKSON (for himself, Mr. Bennet, Mr. Portman, Mrs. 
Shaheen, and Mr. Coons) submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title I, add the following:

                          Subtitle F--Housing

     SEC. 1501. DEFINITIONS.

       In this subtitle, the following definitions shall apply:
       (1) Covered loan.--The term ``covered loan'' means a loan 
     secured by a home that is insured by the Federal Housing 
     Administration under title II of the National Housing Act (12 
     U.S.C. 1707 et seq.).
       (2) Homeowner.--The term ``homeowner'' means the mortgagor 
     under a covered loan.
       (3) Mortgagee.--The term ``mortgagee'' means an original 
     lender under a covered loan or the holder of a covered loan 
     at the time at which that mortgage transaction is 
     consummated.

     SEC. 1502. ENHANCED ENERGY EFFICIENCY UNDERWRITING CRITERIA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall, in consultation with the advisory group 
     established in section 1505(c), develop and issue guidelines 
     for the Federal Housing Administration to implement enhanced 
     loan eligibility requirements, for use when testing the 
     ability of a loan applicant to repay a covered loan, that 
     account for the expected energy cost savings for a loan 
     applicant at a subject property, in the manner set forth in 
     subsections (b) and (c).
       (b) Requirements to Account for Energy Cost Savings.--
       (1) In general.--The enhanced loan eligibility requirements 
     under subsection (a) shall require that, for all covered 
     loans for which an energy efficiency report is voluntarily 
     provided to the mortgagee by the homeowner, the Federal 
     Housing Administration and the mortgagee shall take into 
     consideration the estimated energy cost savings expected for 
     the owner of the subject property in determining whether the 
     loan applicant has sufficient income to service the mortgage 
     debt plus other regular expenses.
       (2) Use as offset.--To the extent that the Federal Housing 
     Administration uses a test such as a debt-to-income test that 
     includes certain regular expenses, such as hazard insurance 
     and property taxes--
       (A) the expected energy cost savings shall be included as 
     an offset to these expenses; and
       (B) the Federal Housing Administration may not use the 
     offset described in subparagraph (A) to qualify a loan 
     applicant for insurance under title II of the National 
     Housing Act (12 U.S.C. 1707 et seq.) with respect to a loan 
     that would not otherwise meet the requirements for such 
     insurance.
       (3) Types of energy costs.--Energy costs to be assessed 
     under this subsection shall include the cost of electricity, 
     natural gas, oil, and any other fuel regularly used to supply 
     energy to the subject property.
       (c) Determination of Estimated Energy Cost Savings.--
       (1) In general.--The guidelines to be issued under 
     subsection (a) shall include instructions for the Federal 
     Housing Administration to calculate estimated energy cost 
     savings using--
       (A) the energy efficiency report;
       (B) an estimate of baseline average energy costs; and
       (C) additional sources of information as determined by the 
     Secretary of Housing and Urban Development.
       (2) Report requirements.--For the purposes of paragraph 
     (1), an energy efficiency report shall--
       (A) estimate the expected energy cost savings specific to 
     the subject property, based on specific information about the 
     property;
       (B) be prepared in accordance with the guidelines to be 
     issued under subsection (a); and
       (C) be prepared--
       (i) in accordance with the Residential Energy Service 
     Network's Home Energy Rating System (commonly known as 
     ``HERS'') by an individual certified by the Residential 
     Energy Service Network, unless the Secretary of Housing and 
     Urban Development finds that the use of HERS does not further 
     the purposes of this subtitle;
       (ii) in accordance with the Alaska Housing Finance 
     Corporation energy rating system by an individual certified 
     by the Alaska Housing Finance Corporation as an authorized 
     Energy Rater; or
       (iii) by other methods approved by the Secretary of Housing 
     and Urban Development, in consultation with the Secretary and 
     the advisory group established in section 1505(c), for use 
     under this subtitle, which shall include a third-party 
     quality assurance procedure.
       (3) Use by appraiser.--If an energy efficiency report is 
     used under subsection (b), the energy efficiency report shall 
     be provided to the appraiser to estimate the energy 
     efficiency of the subject property and for potential 
     adjustments for energy efficiency.
       (d) Pricing of Loans.--
       (1) In general.--The Federal Housing Administration may 
     price covered loans originated under the enhanced loan 
     eligibility requirements required under this section in 
     accordance with the estimated risk of the loans.
       (2) Imposition of certain material costs, impediments, or 
     penalties.--In the absence of a publicly disclosed analysis 
     that demonstrates significant additional default risk or 
     prepayment risk associated with the loans, the Federal 
     Housing Administration shall not impose material costs, 
     impediments, or penalties on covered loans merely because the 
     loan uses an energy efficiency report or the enhanced loan 
     eligibility requirements required under this section.
       (e) Limitations.--
       (1) In general.--The Federal Housing Administration may 
     price covered loans originated under the enhanced loan 
     eligibility requirements required under this section in 
     accordance with the estimated risk of those loans.
       (2) Prohibited actions.--The Federal Housing Administration 
     shall not--
       (A) modify existing underwriting criteria or adopt new 
     underwriting criteria that intentionally negate or reduce the 
     impact of the requirements or resulting benefits that are set 
     forth or otherwise derived from the enhanced loan eligibility 
     requirements required under this section; or
       (B) impose greater buy back requirements, credit overlays, 
     or insurance requirements, including private mortgage 
     insurance, on covered loans merely because the loan uses an 
     energy efficiency report or the enhanced loan eligibility 
     requirements required under this section.
       (f) Applicability and Implementation Date.--Not later than 
     3 years after the date of enactment of this Act, and before 
     December 31, 2019, the enhanced loan eligibility requirements 
     required under this section shall be implemented by the 
     Federal Housing Administration to--
       (1) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home;
       (2) be available on any residential real property 
     (including individual units of condominiums and cooperatives) 
     that qualifies for a covered loan; and
       (3) provide prospective mortgagees with sufficient guidance 
     and applicable tools to implement the required underwriting 
     methods.

     SEC. 1503. ENHANCED ENERGY EFFICIENCY UNDERWRITING VALUATION 
                   GUIDELINES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall--
       (1) in consultation with the Federal Financial Institutions 
     Examination Council and the advisory group established in 
     section 1505(c), develop and issue guidelines for the Federal 
     Housing Administration to determine the maximum permitted 
     loan amount based on the value of the property for all 
     covered loans made on properties with an energy efficiency 
     report that meets the requirements of section 1502(c)(2); and

[[Page S504]]

       (2) in consultation with the Secretary, issue guidelines 
     for the Federal Housing Administration to determine the 
     estimated energy savings under subsection (c) for properties 
     with an energy efficiency report.
       (b) Requirements.--The enhanced energy efficiency 
     underwriting valuation guidelines required under subsection 
     (a) shall include--
       (1) a requirement that if an energy efficiency report that 
     meets the requirements of section 1502(c)(2) is voluntarily 
     provided to the mortgagee, such report shall be used by the 
     mortgagee or the Federal Housing Administration to determine 
     the estimated energy savings of the subject property; and
       (2) a requirement that the estimated energy savings of the 
     subject property be added to the appraised value of the 
     subject property by a mortgagee or the Federal Housing 
     Administration for the purpose of determining the loan-to-
     value ratio of the subject property, unless the appraisal 
     includes the value of the overall energy efficiency of the 
     subject property, using methods to be established under the 
     guidelines issued under subsection (a).
       (c) Determination of Estimated Energy Savings.--
       (1) Amount of energy savings.--The amount of estimated 
     energy savings shall be determined by calculating the 
     difference between the estimated energy costs for the average 
     comparable houses, as determined in guidelines to be issued 
     under subsection (a), and the estimated energy costs for the 
     subject property based upon the energy efficiency report.
       (2) Duration of energy savings.--The duration of the 
     estimated energy savings shall be based upon the estimated 
     life of the applicable equipment, consistent with the rating 
     system used to produce the energy efficiency report.
       (3) Present value of energy savings.--The present value of 
     the future savings shall be discounted using the average 
     interest rate on conventional 30-year mortgages, in the 
     manner directed by guidelines issued under subsection (a).
       (d) Ensuring Consideration of Energy Efficient Features.--
     Section 1110 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3339) is amended--
       (1) in paragraph (2), by striking ``; and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) that State certified and licensed appraisers have 
     timely access, whenever practicable, to information from the 
     property owner and the lender that may be relevant in 
     developing an opinion of value regarding the energy-saving 
     improvements or features of a property, such as--
       ``(A) labels or ratings of buildings;
       ``(B) installed appliances, measures, systems or 
     technologies;
       ``(C) blueprints;
       ``(D) construction costs;
       ``(E) financial or other incentives regarding energy-
     efficient components and systems installed in a property;
       ``(F) utility bills;
       ``(G) energy consumption and benchmarking data; and
       ``(H) third-party verifications or representations of 
     energy and water efficiency performance of a property, 
     observing all financial privacy requirements adhered to by 
     certified and licensed appraisers, including section 501 of 
     the Gramm-Leach-Bliley Act (15 U.S.C. 6801).
     Unless a property owner consents to a lender, an appraiser, 
     in carrying out the requirements of paragraph (4), shall not 
     have access to the commercial or financial information of the 
     owner that is privileged or confidential.''.
       (e) Transactions Requiring State Certified Appraisers.--
     Section 1113 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3342) is amended--
       (1) in paragraph (1), by inserting before the semicolon the 
     following: ``, or any real property on which the appraiser 
     makes adjustments using an energy efficiency report''; and
       (2) in paragraph (2), by inserting after before the period 
     at the end the following: ``, or an appraisal on which the 
     appraiser makes adjustments using an energy efficiency 
     report''.
       (f) Protections.--
       (1) Authority to impose limitations.--The guidelines to be 
     issued under subsection (a) shall include such limitations 
     and conditions as determined by the Secretary of Housing and 
     Urban Development to be necessary to protect against 
     meaningful under or over valuation of energy cost savings or 
     duplicative counting of energy efficiency features or energy 
     cost savings in the valuation of any subject property that is 
     used to determine a loan amount.
       (2) Additional authority.--At the end of the 7-year period 
     following the implementation of enhanced eligibility and 
     underwriting valuation requirements under this subtitle, the 
     Secretary of Housing and Urban Development may modify or 
     apply additional exceptions to the approach described in 
     subsection (b), where the Secretary of Housing and Urban 
     Development finds that the unadjusted appraisal will reflect 
     an accurate market value of the efficiency of the subject 
     property or that a modified approach will better reflect an 
     accurate market value.
       (g) Applicability and Implementation Date.--Not later than 
     3 years after the date of enactment of this Act, and before 
     December 31, 2019, the Federal Housing Administration shall 
     implement the guidelines required under this section, which 
     shall--
       (1) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home; and
       (2) be available on any residential real property, 
     including individual units of condominiums and cooperatives, 
     that qualifies for a covered loan.

     SEC. 1504. MONITORING.

       Not later than 1 year after the date on which the enhanced 
     eligibility and underwriting valuation requirements are 
     implemented under this subtitle, and every year thereafter, 
     the Federal Housing Administration shall issue and make 
     available to the public a report that--
       (1) enumerates the number of covered loans of the Federal 
     Housing Administration for which there was an energy 
     efficiency report, and that used energy efficiency appraisal 
     guidelines and enhanced loan eligibility requirements;
       (2) includes the default rates and rates of foreclosures 
     for each category of loans; and
       (3) describes the risk premium, if any, that the Federal 
     Housing Administration has priced into covered loans for 
     which there was an energy efficiency report.

     SEC. 1505. RULEMAKING.

       (a) In General.--The Secretary of Housing and Urban 
     Development shall prescribe regulations to carry out this 
     subtitle, in consultation with the Secretary and the advisory 
     group established in subsection (c), which may contain such 
     classifications, differentiations, or other provisions, and 
     may provide for such proper implementation and appropriate 
     treatment of different types of transactions, as the 
     Secretary of Housing and Urban Development determines are 
     necessary or proper to effectuate the purposes of this 
     subtitle, to prevent circumvention or evasion thereof, or to 
     facilitate compliance therewith.
       (b) Rule of Construction.--Nothing in this subtitle shall 
     be construed to authorize the Secretary of Housing and Urban 
     Development to require any homeowner or other party to 
     provide energy efficiency reports, energy efficiency labels, 
     or other disclosures to the Federal Housing Administration or 
     to a mortgagee.
       (c) Advisory Group.--To assist in carrying out this 
     subtitle, the Secretary of Housing and Urban Development 
     shall establish an advisory group, consisting of individuals 
     representing the interests of--
       (1) mortgage lenders;
       (2) appraisers;
       (3) energy raters and residential energy consumption 
     experts;
       (4) energy efficiency organizations;
       (5) real estate agents;
       (6) home builders and remodelers;
       (7) consumer advocates;
       (8) State energy officials; and
       (9) others as determined by the Secretary of Housing and 
     Urban Development.

     SEC. 1506. ADDITIONAL STUDY.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall reconvene the advisory group established in 
     section 1505(c), in addition to water and locational 
     efficiency experts, to advise the Secretary of Housing and 
     Urban Development on the implementation of the enhanced 
     energy efficiency underwriting criteria established in 
     sections 1502 and 1503.
       (b) Recommendations.--The advisory group established in 
     section 1505(c) shall provide recommendations to the 
     Secretary of Housing and Urban Development on any revisions 
     or additions to the enhanced energy efficiency underwriting 
     criteria deemed necessary by the group, which may include 
     alternate methods to better account for home energy costs and 
     additional factors to account for substantial and regular 
     costs of homeownership such as location-based transportation 
     costs and water costs. The Secretary of Housing and Urban 
     Development shall forward any legislative recommendations 
     from the advisory group to Congress for its consideration.
                                 ______
                                 
  SA 3203. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. STUDY OF WAIVERS OF CERTAIN COST-SHARING 
                   REQUIREMENTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall--
       (1) complete a study on the ability of, and any actions 
     before the date of enactment of this Act by, the Secretary to 
     waive the cost-sharing requirement under section 988 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16352); and
       (2) based on the results of the study under paragraph (1), 
     make recommendations to Congress for the issuance of, and 
     factors that should be considered with respect to, waivers of 
     the cost-sharing requirement by the Secretary.
                                 ______
                                 
  SA 3204. Mr. CARPER submitted an amendment intended to be proposed to

[[Page S505]]

amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

            TITLE __--PREVENTING RADIOLOGICAL TERRORISM ACT

     SEC. _001. SHORT TITLE.

       This title may be cited as the ``Preventing Radiological 
     Terrorism Act of 2016''.

     SEC. _002. STRATEGY FOR SECURING HIGH ACTIVITY RADIOLOGICAL 
                   SOURCES.

       (a) In General.--The Administrator for Nuclear Security 
     shall--
       (1) in coordination with the Chairman of the Nuclear 
     Regulatory Commission and the Secretary of Homeland Security, 
     develop a strategy to enhance the security of all risk-
     significant radiological materials as soon as possible; and
       (2) not later than 120 days after the date of the enactment 
     of this Act, submit to the appropriate congressional 
     committees a report describing the strategy required by 
     paragraph (1).
       (b) Elements.--The report required by subsection (a)(2) 
     shall include the following:
       (1) A description of activities of the National Nuclear 
     Security Administration, ongoing as of the date of the 
     enactment of this Act--
       (A) to secure risk-significant radiological materials; and
       (B) to secure radiological materials and prevent the 
     illicit trafficking of such materials as part of the Global 
     Nuclear Detection Architecture.
       (2) A list of any gaps in the legal authority of United 
     States Government agencies needed to secure all risk-
     significant radiological materials.
       (3) An estimate of the cost of securing all risk-
     significant radiological materials.
       (4) A list, in the classified annex authorized by 
     subsection (c), of all locations where risk-significant 
     radiological material is kept under conditions that fail to 
     meet the enhanced physical security standards promulgated by 
     the Office of Global Material Security of the National 
     Nuclear Security Administration.
       (c) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form and shall include a 
     classified annex.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Energy and Natural Resources, the Committee on Environment 
     and Public Works, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Energy and Commerce, and the Committee on Homeland Security 
     of the House of Representatives.
       (2) Risk-significant radiological material.--The term 
     ``risk-significant radiological material'' means category 1 
     and category 2 radioactive materials, as determined by the 
     Nuclear Regulatory Commission, located within the United 
     States.
       (3) Secure.--The terms ``secure'' and ``security'', with 
     respect to risk-significant radiological materials, refer to 
     all activities to prevent terrorists from acquiring such 
     sources, including enhanced physical security and tracking 
     measures, removal and disposal of such sources that are not 
     used, replacement of such sources with nonradiological 
     technologies where feasible, and detection of illicit 
     trafficking of such sources.

     SEC. _003. PREVENTING TERRORIST ACCESS TO DOMESTIC 
                   RADIOLOGICAL SOURCES.

       (a) Commercial Licenses.--Section 103 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2133) is amended--
       (1) in subsection d., in the third sentence, by inserting 
     ``under a circumstance described in subsection g., or'' after 
     ``within the United States''; and
       (2) by adding at the end the following:
       ``g. In addition to the limitations described in subsection 
     d. and the limitations provided at the discretion of the 
     Commission, the Commission shall not grant a license to any 
     individual who is--
       ``(1) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(2) convicted of any offense under any Federal, State, or 
     local law or ordinance, an element of which is--
       ``(A) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(B) providing material support or resources for 
     terrorism; or
       ``(C) the making of a terrorist threat or terroristic 
     threat.
       ``h. The Commission shall suspend immediately any license 
     granted under this section if the Commission discovers that 
     the licensee is providing unescorted access to any employee 
     who is--
       ``(1) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(2) convicted of any offense under any Federal, State, or 
     local law or ordinance, an element of which is--
       ``(A) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(B) providing material support or resources for 
     terrorism; or
       ``(C) the making of a terrorist threat or terroristic 
     threat.
       ``i. The Commission may lift the suspension of a license 
     made pursuant to subsection h. if--
       ``(1) the licensee has revoked unescorted access privileges 
     to the employee;
       ``(2) the licensee has alerted the appropriate Federal, 
     State, and local law enforcement offices of the provision and 
     revocation of unescorted access to the employee; and
       ``(3) the Commission has conducted a review of the security 
     of the licensee and determined that reinstatement of the 
     licensee would not be inimical to the national security 
     interests of the United States.''.
       (b) Medical Therapy and Research and Development.--Section 
     104 of the Atomic Energy Act of 1954 (42 U.S.C. 2134) is 
     amended--
       (1) in subsection d., in the third sentence, by inserting 
     ``under a circumstance described in subsection e., or'' after 
     ``within the United States''; and
       (2) by adding at the end the following:
       ``e. In addition to the limitations described in subsection 
     d. and the limitations provided at the discretion of the 
     Commission, the Commission shall not grant a license to any 
     individual who is--
       ``(1) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(2) convicted of any offense under any Federal, State, or 
     local law or ordinance, an element of which is--
       ``(A) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(B) providing material support or resources for 
     terrorism; or
       ``(C) the making of a terrorist threat or terroristic 
     threat.
       ``f. The Commission shall suspend immediately any license 
     granted under this section if the Commission discovers that 
     the licensee is providing unescorted access to any employee 
     who is--
       ``(1) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(2) convicted of any offense under any Federal, State, or 
     local law or ordinance, an element of which is--
       ``(A) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(B) providing material support or resources for 
     terrorism; or
       ``(C) the making of a terrorist threat or terroristic 
     threat.
       ``g. The Commission may lift the suspension of a license 
     made pursuant to subsection f. if--
       ``(1) the licensee has revoked unescorted access privileges 
     to the employee;
       ``(2) the licensee has alerted the appropriate Federal, 
     State, and local law enforcement offices of the provision and 
     revocation of unescorted access to the employee; and
       ``(3) the Commission has conducted a review of the security 
     of the licensee and determined that reinstatement of the 
     licensee would not be inimical to the national security 
     interests of the United States.''.
       (c) Cooperation With States.--Section 274 b. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2021(b)) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (2) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``b. Except as'' and inserting the 
     following:
       ``b. Authorization to Enter Into Agreements.--
       ``(1) In general.--Subject to paragraph (2), except as''; 
     and
       (3) by adding at the end the following:
       ``(2) Requirement.--
       ``(A) In general.--The Commission shall not enter into an 
     agreement with the Governor of a State under paragraph (1) 
     unless the Governor agrees that the State--
       ``(i) shall not grant a license to any individual who is--

       ``(I) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(II) convicted of any offense under any Federal, State, 
     or local law or ordinance, an element of which is--

       ``(aa) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(bb) providing material support or resources for 
     terrorism; or
       ``(cc) the making of a terrorist threat or terroristic 
     threat; and
       ``(ii) shall suspend the license of a licensee if the 
     Commission or the State discovers that the licensee is 
     providing unescorted access to any employee who is--

       ``(I) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(II) convicted of any offense under any Federal, State, 
     or local law or ordinance, an element of which is--

       ``(aa) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(bb) providing material support or resources for 
     terrorism; or

[[Page S506]]

       ``(cc) the making of a terrorist threat or terroristic 
     threat.
       ``(B) Existing agreements.--With respect to a State with an 
     agreement in effect as of the date of enactment of this 
     paragraph, the Commission shall terminate the agreement 
     pursuant to subsection j. unless the Governor of the State 
     agrees that the State shall not grant a license to any 
     individual who is--
       ``(i) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(ii) convicted of any offense under any Federal, State, 
     or local law or ordinance, an element of which is--

       ``(I) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(II) providing material support or resources for 
     terrorism; or
       ``(III) the making of a terrorist threat or terroristic 
     threat.

       ``(C) Suspension of existing agreements.--With respect to a 
     State with an agreement in effect as of the date of enactment 
     of this paragraph, the Governor of the State shall suspend 
     immediately any license granted by the State if the 
     Commission or the State discovers that the licensee is 
     providing unescorted access to any employee who is--
       ``(i) listed in the terrorist screening database maintained 
     by the Federal Government Terrorist Screening Center of the 
     Federal Bureau of Investigation; or
       ``(ii) convicted of any offense under any Federal, State, 
     or local law or ordinance, an element of which is--

       ``(I) engaging in conduct constituting, in preparation of, 
     in aid of, or related to terrorism;
       ``(II) providing material support or resources for 
     terrorism; or
       ``(III) the making of a terrorist threat or terroristic 
     threat.

       ``(D) Lifting of suspension.--The Governor of the State may 
     lift the suspension of a license made pursuant to 
     subparagraph (A)(ii) or subparagraph (C) if--
       ``(i) the licensee has revoked unescorted access privileges 
     to the employee;
       ``(ii) the licensee has alerted the appropriate Federal, 
     State, and local law enforcement offices of the provision and 
     revocation of unescorted access to the employee; and
       ``(iii) the Commission has conducted a review of the 
     security of the licensee and determined that reinstatement of 
     the licensee would not be inimical to the national security 
     interests of the United States.
       ``(E) Termination.--If the Governor of a State does not 
     suspend a license under subparagraph (A)(ii) or subparagraph 
     (C), the Commission shall suspend the agreement with the 
     Governor of the State until the Governor of the State 
     suspends the license.''.

     SEC. _004. OUTREACH TO STATE AND LOCAL LAW ENFORCEMENT 
                   AGENCIES ON RADIOLOGICAL THREATS.

       Section 201(d) of the Homeland Security Act of 2002 (6 
     U.S.C. 121(d)) is amended by adding at the end the following:
       ``(26)(A) Not later than every 2 years, the Secretary shall 
     submit a written certification to Congress that field staff 
     of the Department have briefed State and local law 
     enforcement representatives about radiological security 
     threats.
       ``(B) A briefing conducted under subparagraph (A) shall 
     include information on--
       ``(i) the presence and current security status of all risk-
     significant radiological materials housed within the 
     jurisdiction of the law enforcement agency being briefed;
       ``(ii) the threat that risk-significant radiological 
     materials could pose to their communities and to the national 
     security of the United States if these sources were lost, 
     stolen or subject to sabotage by criminal or terrorist 
     actors; and
       ``(iii) guidelines and best pest practices for mitigating 
     the impact of emergencies involving risk-significant 
     radiological materials.
       ``(C) The National Nuclear Security Administration, the 
     Nuclear Regulatory Commission, and Federal law enforcement 
     agencies shall provide information to the Department in order 
     for the Department to submit the written certification 
     described in subparagraph (A).
       ``(D) A written certification described in subparagraph (A) 
     shall include a report on the activity of the field staff of 
     the Department to brief State and local law enforcement 
     representatives, including, as provided to field staff of the 
     Department by State and local law enforcement agencies--
       ``(i) an aggregation of incidents regarding radiological 
     material; and
       ``(ii) information on current activities undertaken to 
     address the vulnerabilities of these risk-significant 
     radiological materials.
       ``(E) In this paragraph, the term `risk-significant 
     radiological material' means category 1 and category 2 
     radioactive materials, as determined by the Nuclear 
     Regulatory Commission, located within the United States.''.
                                 ______
                                 
  SA 3205. Mr. INHOFE (for himself and Mr. King) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; as follows:

       On page 196, between lines 7 and 8, insert the following:
       (d) Geomatic Data.--If a Federal or State department or 
     agency considering an aspect of an application for Federal 
     authorization requires the applicant to submit environmental 
     data, the department or agency shall consider any such data 
     gathered by geomatic techniques, including tools and 
     techniques used in land surveying, remote sensing, 
     cartography, geographic information systems, global 
     navigation satellite systems, photogrammetry, geophysics, 
     geography, or other remote means.
                                 ______
                                 
  SA 3206. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF 
                   FONTENELLE RESERVOIR AVAILABLE FOR USE.

       (a) In General.--The Secretary of the Interior, in 
     cooperation with the State of Wyoming, may amend the Definite 
     Plan Report for the Seedskadee Project authorized under the 
     first section of the Act of April 11, 1956 (commonly known as 
     the ``Colorado River Storage Project Act'') (43 U.S.C. 620), 
     to provide for the study, design, planning, and construction 
     activities that will enable the use of all active storage 
     capacity (as may be defined or limited by legal, hydrologic, 
     structural, engineering, economic, and environmental 
     considerations) of Fontenelle Dam and Reservoir, including 
     the placement of sufficient riprap on the upstream face of 
     Fontenelle Dam to allow the active storage capacity of 
     Fontenelle Reservoir to be used for those purposes for which 
     the Seedskadee Project was authorized.
       (b) Cooperative Agreements.--
       (1) In general.--The Secretary of the Interior may enter 
     into any contract, grant, cooperative agreement, or other 
     agreement that is necessary to carry out subsection (a).
       (2) State of wyoming.--
       (A) In general.--The Secretary of the Interior shall enter 
     into a cooperative agreement with the State of Wyoming to 
     work in cooperation and collaboratively with the State of 
     Wyoming for planning, design, related preconstruction 
     activities, and construction of any modification of the 
     Fontenelle Dam under subsection (a).
       (B) Requirements.--The cooperative agreement under 
     subparagraph (A) shall, at a minimum, specify the 
     responsibilities of the Secretary of the Interior and the 
     State of Wyoming with respect to--
       (i) completing the planning and final design of the 
     modification of the Fontenelle Dam under subsection (a);
       (ii) any environmental and cultural resource compliance 
     activities required for the modification of the Fontenelle 
     Dam under subsection (a) including compliance with--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (III) subdivision 2 of division A of subtitle III of title 
     54, United States Code; and

       (iii) the construction of the modification of the 
     Fontenelle Dam under subsection (a).
       (c) Funding by State of Wyoming.--Pursuant to the Act of 
     March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), 
     and as a condition of providing any additional storage under 
     subsection (a), the State of Wyoming shall provide to the 
     Secretary of the Interior funds for any work carried out 
     under subsection (a).
       (d) Other Contracting Authority.--
       (1) In general.--The Secretary of the Interior may enter 
     into contracts with the State of Wyoming, on such terms and 
     conditions as the Secretary of the Interior and the State of 
     Wyoming may agree, for division of any additional active 
     capacity made available under subsection (a).
       (2) Terms and conditions.--Unless otherwise agreed to by 
     the Secretary of the Interior and the State of Wyoming, a 
     contract entered into under paragraph (1) shall be subject to 
     the terms and conditions of Bureau of Reclamation Contract 
     No. 14-06-400-2474 and Bureau of Reclamation Contract No. 14-
     06-400-6193.
       (e) Savings Provisions.--Unless expressly provided in this 
     section, nothing in this section modifies, conflicts with, 
     preempts, or otherwise affects--
       (1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.) 
     (commonly known as the ``Boulder Canyon Project Act'');
       (2) the Colorado River Compact of 1922, as approved by the 
     Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
       (3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.) 
     (commonly known as the ``Boulder Canyon Project Adjustment 
     Act'');
       (4) the Treaty between the United States of America and 
     Mexico relating to the utilization of waters of the Colorado 
     and Tijuana Rivers and of the Rio Grande, and supplementary 
     protocol signed November 14, 1944, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (5) the Upper Colorado River Basin Compact as consented to 
     by the Act of April 6, 1949 (63 Stat. 31);
       (6) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);

[[Page S507]]

       (7) the Colorado River Basin Project Act (Public Law 90-
     537; 82 Stat. 885); or
       (8) any State of Wyoming or other State water law.
                                 ______
                                 
  SA 3207. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. GROUND-LEVEL OZONE STANDARDS.

       Notwithstanding any other provision of law (including 
     regulations), in implementing the final rule entitled 
     ``National Ambient Air Quality Standards for Ozone'' (80 Fed. 
     Reg. 65292 (October 26, 2015)), the Administrator of the 
     Environmental Protection Agency--
       (1) shall not implement or enforce a national primary or 
     secondary ambient air quality standard for ozone that is 
     lower than the standard established under section 50.15 of 
     title 40, Code of Federal Regulations (as in effect on 
     January 1, 2015), until at least 85 percent of the counties 
     that were nonattainment areas under that standard as of 
     January 30, 2015, achieve full compliance with that standard; 
     and
       (2) shall only consider all or part of a county to be a 
     nonattainment area under the standard on the basis of direct 
     air quality monitoring.
                                 ______
                                 
  SA 3208. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INDEPENDENT RELIABILITY ANALYSIS.

       (a) Definitions.--In this section:
       (1) Electric reliability organization.--The term ``Electric 
     Reliability Organization'' has the meaning given the term in 
     section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
       (2) Final rule.--The term ``final rule'' means the final 
     rule of the Administrator entitled ``Carbon Pollution 
     Emission Guidelines for Existing Stationary Sources: Electric 
     Utility Generating Units'' (80 Fed. Reg. 64662 (October 23, 
     2015)).
       (b) Reliability Analysis Required.--
       (1) In general.--Notwithstanding any other provision of 
     law, the final rule shall not go into effect until the date 
     on which the Federal Energy Regulatory Commission and the 
     Electric Reliability Organization jointly conduct an 
     independent reliability analysis of the final rule to 
     evaluate anticipated effects of implementation and 
     enforcement of the final rule on--
       (A) electric reliability and resource adequacy;
       (B) the electricity generation portfolio of the United 
     States;
       (C) the operation of wholesale electricity markets; and
       (D) energy delivery and infrastructure, including electric 
     transmission facilities and natural gas pipelines.
       (2) Analyses from other entities.--The Electric Reliability 
     Organization, regional entities, regional transmission 
     organizations, independent system operators, and other 
     reliability coordinators and planning authorities shall 
     timely conduct analyses and provide such information as may 
     be reasonably requested by the Commission.
       (3) Availability.--Not later than 120 days after the date 
     of enactment of this Act, the Federal Energy Regulatory 
     Commission shall submit to Congress and make publicly 
     available--
       (A) the reliability analysis described in paragraph (1); 
     and
       (B) any relevant special assessment or seasonal or long-
     term reliability assessment completed by the Electric 
     Reliability Organization.
                                 ______
                                 
  SA 3209. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPEAL OF CREDIT FOR ELECTRICITY PRODUCED FROM 
                   CERTAIN RENEWABLE RESOURCES.

       (a) Repeal of Credit.--
       (1) Repeal of certain qualified energy resources.--
       (A) In general.--Section 45 of the Internal Revenue Code of 
     1986 is amended--
       (i) in subsection (c)--

       (I) in paragraph (1), by striking subparagraphs (B) through 
     (I), and
       (II) by striking paragraphs (2) through (10), and

       (ii) in subsection (d), by striking paragraphs (2) through 
     (11).
       (B) Effective date.--The amendments made by this paragraph 
     shall apply to electricity, and refined coal, produced and 
     sold after December 31, 2026.
       (2) Repeal of credit for wind facilities and elimination of 
     section 45 of the internal revenue code of 1986.--
       (A) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     striking section 45 (and by striking the item relating to 
     such section in the table of sections for such subpart).
       (B) Conforming amendments.--
       (i) Section 38 of such Code is amended--

       (I) in subsection (b), by striking paragraph (8), and
       (II) in subsection (c)(4)(B), by striking clause (iii).

       (ii) Section 45J of such Code is amended by adding at the 
     end the following new subsection:
       ``(f) References to Section 45.--Any reference in this 
     section to any provision of section 45 shall be treated as a 
     reference to such provision as in effect immediately before 
     its repeal.''.
       (iii) Section 45K(g)(2) of such Code is amended by striking 
     subparagraph (E).
       (iv) Section 48 of such Code is amended by adding at the 
     end the following new subsection:
       ``(e) References to Section 45.--Any reference in this 
     section to any provision of section 45 shall be treated as a 
     reference to such provision as in effect immediately before 
     its repeal.''.
       (v) Section 54(d)(2)(A) of such Code is amended by 
     inserting ``(as in effect immediately before its repeal)'' 
     after ``section 45(d)''.
       (vi) Section 54C(d)(1) of such Code is amended by inserting 
     ``(as in effect immediately before its repeal)'' after 
     ``section 45(d)''.
       (vii) Section 54D(f)(1)(A)(iv) of such Code is amended by 
     inserting ``(as in effect immediately before its repeal)'' 
     after ``section 45(d)''.
       (viii) Section 55(c)(1) of such Code is amended by striking 
     ``45(e)(11)(C),''.
       (C) Effective date.--The amendments made by this paragraph 
     shall take effect on January 1, 2032.
       (b) Sense of Congress Regarding Further Extension.--It is 
     the sense of the Congress that the credit under section 45 of 
     the Internal Revenue Code of 1986 should be allowed to expire 
     and should not be extended beyond the expiration dates 
     specified in such section as of the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 3210. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 426, after line 23, add the following:
       (e) Certain Land Acquisition Requirements.--Section 200306 
     of title 54, United States Code (as amended by subsection 
     (d)), is amended by adding at the end the following:
       ``(e) Non-road Deferred Maintenance Backlog.--If the non-
     road deferred maintenance backlog on Federal land is greater 
     than $1,000,000,000, acquisitions of land under this section 
     may not exceed the level of deferred maintenance backlog 
     funding.
       ``(f) Maintenance Needs.--In making an acquisition of land 
     under this section, funds appropriated for the acquisition 
     shall include any funds necessary to address maintenance 
     needs at the time of acquisition on the acquired land.
       ``(g) Congressional Approval of Certain Land 
     Acquisitions.--For any acquisition of land under this section 
     for which the cost of the land is greater than $50,000 per 
     acre--
       ``(1) before acquiring the land, the Secretary shall submit 
     to Congress a report that describes the land proposed to be 
     acquired; and
       ``(2) no acquisition may be made unless the proposed 
     acquisition is--
       ``(A) reported to Congress in accordance with paragraph 
     (1); and
       ``(B) approved by the enactment of a bill or joint 
     resolution.''.
                                 ______
                                 
  SA 3211. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. WAIVER OF JONES ACT REQUIREMENTS FOR OIL AND 
                   GASOLINE TANKERS.

       (a) In General.--Section 12112 of title 46, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``A coastwise'' and 
     inserting ``Except as provided in subsection (b), a 
     coastwise'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Waiver for Oil, Gasoline, and Liquefied Natural Gas 
     Tankers.--The requirements of subsection (a) shall not apply 
     to an oil, gasoline, or liquefied natural gas tanker vessel 
     or barge and a coastwise endorsement may be issued for any 
     such tanker vessel or barge that otherwise qualifies under 
     the laws

[[Page S508]]

     of the United States to engage in the coastwise trade.''.
       (b) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Commandant of the United 
     States Coast Guard shall issue regulations to implement the 
     amendments made by subsection (a). Such regulations shall 
     require that an oil, gasoline, or liquefied natural gas 
     tanker vessel or barge permitted to engaged in the coastwise 
     trade pursuant to subsection (b) of section 12112 of title 
     46, United States Code, as amended by subsection (a), meets 
     all appropriate safety and security requirements.
                                 ______
                                 
  SA 3212. Mr. HELLER (for himself, Mr. Heinrich, Mr. Gardner, Mr. 
Tester, Mr. Bennet, and Mr. Risch) submitted an amendment intended to 
be proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill 
S. 2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 244, between lines 13 and 14, insert the following:

Subpart B--Development of Geothermal, Solar, and Wind Energy on Public 
                                  Land

     SEC. 3011A. DEFINITIONS.

       In this subpart:
       (1) Covered land.--The term ``covered land'' means land 
     that is--
       (A) public land administered by the Secretary; and
       (B) not excluded from the development of geothermal, solar, 
     or wind energy under--
       (i) a land use plan established under the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 
     or
       (ii) other Federal law.
       (2) Exclusion area.--The term ``exclusion area'' means 
     covered land that is identified by the Bureau of Land 
     Management as not suitable for development of renewable 
     energy projects.
       (3) Priority area.--The term ``priority area'' means 
     covered land identified by the land use planning process of 
     the Bureau of Land Management as being a preferred location 
     for a renewable energy project.
       (4) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (5) Renewable energy project.--The term ``renewable energy 
     project'' means a project carried out on covered land that 
     uses wind, solar, or geothermal energy to generate energy.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Variance area.--The term ``variance area'' means 
     covered land that is--
       (A) not an exclusion area; and
       (B) not a priority area.

     SEC. 3011B. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC 
                   ENVIRONMENTAL IMPACT STATEMENTS.

       (a) Priority Areas.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Energy, shall establish priority areas on 
     covered land for geothermal, solar, and wind energy projects.
       (2) Deadline.--
       (A) Geothermal energy.--For geothermal energy, the 
     Secretary shall establish priority areas as soon as 
     practicable, but not later than 5 years, after the date of 
     enactment of this Act.
       (B) Solar energy.--For solar energy, the solar energy zones 
     established by the 2012 western solar plan of the Bureau of 
     Land Management shall be considered to be priority areas for 
     solar energy projects.
       (C) Wind energy.--For wind energy, the Secretary shall 
     establish priority areas as soon as practicable, but not 
     later than 3 years, after the date of enactment of this Act.
       (b) Variance Areas.--To the maximum extent practicable, 
     variance areas shall be considered for renewable energy 
     project development, consistent with the principles of 
     multiple use as defined in the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).
       (c) Review and Modification.--Not less frequently than once 
     every 10 years, the Secretary shall--
       (1) review the adequacy of land allocations for geothermal, 
     solar, and wind energy priority and variance areas for the 
     purpose of encouraging new renewable energy development 
     opportunities; and
       (2) based on the review carried out under paragraph (1), 
     add, modify, or eliminate priority, variance, and exclusion 
     areas.
       (d) Compliance With the National Environmental Policy 
     Act.--For purposes of this section, compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) shall be accomplished--
       (1) for geothermal energy, by supplementing the October 
     2008 final programmatic environmental impact statement for 
     geothermal leasing in the western United States;
       (2) for solar energy, by supplementing the July 2012 final 
     programmatic environmental impact statement for solar energy 
     projects; and
       (3) for wind energy, by supplementing the July 2005 final 
     programmatic environmental impact statement for wind energy 
     projects.
       (e) No Effect on Processing Applications.--A requirement to 
     prepare a supplement to a programmatic environmental impact 
     statement under this section shall not result in any delay in 
     processing an application for a renewable energy project.
       (f) Coordination.--In developing a supplement required by 
     this section, the Secretary shall coordinate, on an ongoing 
     basis, with appropriate State, tribal, and local governments, 
     transmission infrastructure owners and operators, developers, 
     and other appropriate entities to ensure that priority areas 
     identified by the Secretary are--
       (1) economically viable (including having access to 
     transmission);
       (2) likely to avoid or minimize conflict with habitat for 
     animals and plants, recreation, and other uses of covered 
     land; and
       (3) consistent with section 202 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1712), including 
     subsection (c)(9) of that section.
       (g) Removal From Classification.--In carrying out 
     subsections (a), (c), and (d), if the Secretary determines an 
     area previously suited for development should be removed from 
     priority or variance classification, not later than 90 days 
     after the date of the determination, the Secretary shall 
     submit to Congress a report on the determination.

     SEC. 3011C. ENVIRONMENTAL REVIEW ON COVERED LAND.

       (a) In General.--If the Secretary determines that a 
     proposed renewable energy project has been sufficiently 
     analyzed by a programmatic environmental impact statement 
     conducted under section 3011B(d), the Secretary shall not 
     require any additional review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (b) Additional Environmental Review.--If the Secretary 
     determines that additional environmental review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) is necessary for a proposed renewable energy project, 
     the Secretary shall rely on the analysis in the programmatic 
     environmental impact statement conducted under section 
     3011B(d), to the maximum extent practicable when analyzing 
     the potential impacts of the project.

     SEC. 3011D. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT 
                   PERMIT COORDINATION.

       (a) Establishment.--The Secretary shall establish a program 
     to improve Federal permit coordination with respect to 
     renewable energy projects on covered land.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall enter into a 
     memorandum of understanding for purposes of this section, 
     including to specifically expedite the environmental analysis 
     of applications for projects proposed in a variance area, 
     with--
       (A) the Secretary of Agriculture; and
       (B) the Assistant Secretary of the Army for Civil Works.
       (2) State participation.--The Secretary may request the 
     Governor of any interested State to be a signatory to the 
     memorandum of understanding under paragraph (1).
       (c) Designation of Qualified Staff.--
       (1) In general.--Not later than 90 days after the date on 
     which the memorandum of understanding under subsection (b) is 
     executed, all Federal signatories, as appropriate, shall 
     identify for each of the Bureau of Land Management Renewable 
     Energy Coordination Offices an employee who has expertise in 
     the regulatory issues relating to the office in which the 
     employee is employed, including, as applicable, particular 
     expertise in--
       (A) consultation regarding, and preparation of, biological 
     opinions under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536);
       (B) permits under section 404 of Federal Water Pollution 
     Control Act (33 U.S.C. 1344);
       (C) regulatory matters under the Clean Air Act (42 U.S.C. 
     7401 et seq.);
       (D) planning under section 14 of the National Forest 
     Management Act of 1976 (16 U.S.C. 472a);
       (E) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (F) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); 
     and
       (G) the preparation of analyses under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) Duties.--Each employee assigned under paragraph (1) 
     shall--
       (A) be responsible for addressing all issues relating to 
     the jurisdiction of the home office or agency of the 
     employee; and
       (B) participate as part of the team of personnel working on 
     proposed energy projects, planning, monitoring, inspection, 
     enforcement, and environmental analyses.
       (d) Additional Personnel.--The Secretary may assign 
     additional personnel for the renewable energy coordination 
     offices as are necessary to ensure the effective 
     implementation of any programs administered by those offices, 
     including inspection and enforcement relating to renewable 
     energy project development on covered land, in accordance 
     with the multiple use mandate of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).
       (e) Renewable Energy Coordination Offices.--In implementing 
     the program established under this section, the Secretary may 
     establish additional renewable energy coordination offices or 
     temporarily assign the qualified staff described in 
     subsection (c) to a State, district, or field office of the 
     Bureau of Land Management to expedite the permitting of 
     renewable energy projects, as the Secretary determines to be 
     necessary.
       (f) Report to Congress.--
       (1) In general.--Not later than February 1 of the first 
     fiscal year beginning after the

[[Page S509]]

     date of enactment of this Act, and each February 1 
     thereafter, the Secretary shall submit to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     describing the progress made pursuant to the program under 
     this subpart during the preceding year.
       (2) Inclusions.--Each report under this subsection shall 
     include--
       (A) projections for renewable energy production and 
     capacity installations; and
       (B) a description of any problems relating to leasing, 
     permitting, siting, or production.
       On page 244, line 14, strike ``Subpart B'' and insert 
     ``Subpart C''.
                                 ______
                                 
  SA 3213. Mr. WARNER (for himself and Mr. Peters) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle D of title II, insert the following:

     SEC. 23__. REPORT ON USING SMART TECHNOLOGIES TO ADVANCE 
                   ENERGY EFFICIENCY AND GRID MODERNIZATION.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall submit to the Committees on Energy 
     and Natural Resource and Finance of the Senate and the 
     Committees on Natural Resources and Financial Services of the 
     House of Representatives a report that includes 
     recommendations of the Secretary regarding measures 
     (including measures to be enacted by Congress) that could be 
     carried out throughout the United States to use smart 
     technologies to advance energy efficiency and grid 
     modernization in the 21st century energy economy, unless a 
     similar report and recommendations are included in a separate 
     analysis prepared and submitted to Congress by not later than 
     1 year after that date of enactment, such as the Quadrennial 
     Energy Review under section 801 of the Department of Energy 
     Organization Act (42 U.S.C. 7321) (as amended by section 
     4402(a)).
                                 ______
                                 
  SA 3214. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. ENERGY EMERGENCY RESPONSE EFFORTS OF THE 
                   DEPARTMENT.

       (a) Congressional Declaration of Purpose.--Section 102 of 
     the Department of Energy Organization Act (42 U.S.C. 7112) is 
     amended by adding at the end the following:
       ``(20) To facilitate the development and implementation of 
     a strategy for responding to energy infrastructure and supply 
     emergencies through--
       ``(A) continuously monitoring and publishing information on 
     the energy delivery and supply infrastructure of the United 
     States, including electricity, liquid fuels, natural gas, and 
     coal;
       ``(B) managing Federal strategic energy reserves;
       ``(C) advising national leadership during emergencies on 
     ways to respond to and minimize energy disruptions; and
       ``(D) working with Federal agencies and State and local 
     governments--
       ``(i) to enhance energy emergency preparedness; and
       ``(ii) to respond to and mitigate energy emergencies.''.
       (b) Under Secretary for Science and Energy.--Section 
     202(b)(4) of the Department of Energy Organization Act (42 
     U.S.C. 7132(b)(4)) (as amended by section 4404(a)(3)) is 
     amended, in subparagraph (B), by inserting ``and applied 
     energy'' before ``programs of the''.
       (c) Responsibilities of Assistant Secretaries.--Section 
     203(a) of the Department of Energy Organization Act (42 
     U.S.C. 7133(a)) is amended by adding at the end the 
     following:
       ``(12) Emergency response functions, including assistance 
     in the prevention of, or in the response to, an emergency 
     disruption of energy supply, transmission, and 
     distribution.''.
                                 ______
                                 
  SA 3215. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. EXEMPTION FROM COST-SHARING REQUIREMENTS FOR 
                   CERTAIN RESEARCH AND DEVELOPMENT PROGRAMS.

       Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
     16352) is amended by adding at the end the following:
       ``(g) Exemption.--The Secretary may exempt from the 
     requirements of subsection (b) a small business concern (as 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632)) that is eligible to receive an award under the SBIR 
     program (as defined in section 9(e) of that Act (15 U.S.C. 
     638(e))) of the Department.''.
                                 ______
                                 
  SA 3216. Mr. KAINE (for himself, Mr. Vitter, and Ms. Baldwin) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 3602 and insert the following:

     SEC. 3602. ENERGY WORKFORCE PILOT GRANT PROGRAM.

       (a) Grants for Job Training and Education Programs.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Labor, the Secretary of Education, and the 
     Secretary of Transportation, shall establish a pilot program 
     to award grants on a competitive basis to eligible entities 
     for job training and education programs that lead to an 
     industry-recognized credential.
       (2) Implementation grants.--The Secretary may award grants, 
     to nonprofit organizations with a track record of at least 10 
     years of expertise in working with community colleges on 
     developing workforce development programs, to provide 
     assistance to the Secretary in implementing the requirements 
     of this section, including developing the grant program 
     described in paragraph (1).
       (b) Eligibility.--To be eligible to receive a grant under 
     subsection (a)(1), an entity shall be a public organization 
     or a consortium of public organizations that--
       (1) includes an advisory board with proportional 
     participation, as determined by the Secretary, of relevant 
     organizations, including representatives from--
       (A) relevant energy industry organizations, including 
     public and private employers;
       (B) labor organizations;
       (C) postsecondary education organizations; and
       (D) workforce development boards;
       (2) demonstrates experience in implementing and operating 
     job training and education programs;
       (3) demonstrates the ability to recruit individuals who 
     plan to work in the energy industries, and support those 
     individuals in the successful completion of relevant job 
     training and education programs; and
       (4) provides students who complete the proposed job 
     training and education program with an industry-recognized 
     credential.
       (c) Applications.--An eligible entity desiring a grant 
     under subsection (1)(1) shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require, including a 
     description of the proposed program leading to the industry-
     recognized credential.
       (d) Priority.--In selecting eligible entities to receive 
     grants under subsection (a)(1), the Secretary shall 
     prioritize an applicant that--
       (1) provides the job training and education program 
     through--
       (A) a community college or institution of higher education 
     that includes basic science and math education in the 
     curriculum of the community college or institution of higher 
     education; or
       (B) an apprenticeship program registered with the 
     Department of Labor or a State;
       (2) works with the Secretary of Defense or a veterans 
     organization to transition members of the Armed Forces and 
     veterans to careers in the energy sector;
       (3) works with an Indian tribe (as defined in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b));
       (4) applies as a State or regional consortium, providing 
     the job training and education program through a community 
     college or institution of higher education described in 
     paragraph (1), to leverage best practices already available 
     in the State or region in which the community college or 
     institution of higher education is located;
       (5) is a consortium that includes a State-supported entity;
       (6) includes an apprenticeship program registered with the 
     Department of Labor or a State as part of the job training 
     and education program;
       (7) provides support services and career coaching;
       (8) provides introductory energy workforce development 
     activities;
       (9) works with minority-serving institutions to provide job 
     training to increase the number of skilled minorities and 
     women in the energy sector;
       (10) provides job training for displaced and unemployed 
     workers in the energy sector;
       (11) establishes a community college or 2-year technical 
     college-based ``Center of Excellence'' for an energy and 
     maritime workforce technical training program, such as a 
     program of a community college located in a coastal area;
       (12) is located in close proximity to marine or port 
     facilities in the Gulf of Mexico, Atlantic Ocean, Pacific 
     Ocean, or Great Lakes; or
       (13) has established associations with--
       (A) port authorities or other established seaport or inland 
     port facilities; and
       (B) appropriate Federal agencies.

[[Page S510]]

       (e) Additional Consideration.--In making grants under 
     subsection (a)(1), the Secretary shall consider regional 
     diversity.
       (f) Limitation on Applications.--An eligible entity may not 
     submit, either individually or as part of a joint 
     application, more than 1 application for a grant under 
     subsection (a)(1) during any 1 fiscal year.
       (g) Limitations on Amount of Grant.--The amount of an 
     individual grant under subsection (a)(1) for any 1 year shall 
     not exceed $1,000,000.
       (h) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of a job 
     training and education program carried out using a grant 
     under subsection (a)(1) shall be not greater than 65 percent.
       (2) Non-federal share.--
       (A) In general.--Not less than 50 percent of the non-
     Federal share of the cost of a job training and education 
     program carried out using a grant under subsection (a)(1) 
     shall be provided in cash.
       (B) Limitation.--Not more than 50 percent of the non-
     Federal contribution of the cost of a job training and 
     education program carried out using a grant under subsection 
     (a)(1) shall be in kind, fairly evaluated, including plant, 
     equipment, or services.
       (i) Reduction of Duplication.--Prior to submitting an 
     application for a grant under subsection (a)(1), each 
     applicant shall consult with the appropriate Federal agencies 
     and coordinate the proposed activities of the applicant with 
     existing State and local programs.
       (j) Technical Assistance.--The Secretary shall provide 
     technical assistance and capacity building to national and 
     State energy partnerships, including the entities described 
     in subsection (b)(1), to leverage the existing (as of the 
     date of the provision) job training and education programs of 
     the Department.
       (k) Report.--The Secretary shall submit to Congress and 
     make publicly available on the website of the Department an 
     annual report on the program established under this section, 
     including a description of--
       (1) the entities receiving grants under subsection (a)(1);
       (2) the activities carried out using the grants;
       (3) best practices used to leverage the investment of the 
     Federal Government;
       (4) the rate of employment for participants after 
     completing a job training and education program carried out 
     using such a grant; and
       (5) an assessment of the results achieved by the program 
     established under this section.
       (l) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2020.
                                 ______
                                 
  SA 3217. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SMALL BUSINESS ENERGY EFFICIENCY.

       Section 501(d)(3) of the Small Business Investment Act of 
     1958 (15 U.S.C. 695(d)(3)) is amended--
       (1) in subparagraph (K), by striking ``producers, or'' and 
     inserting ``producers,'';
       (2) in subparagraph (L), by striking the period at the end 
     and inserting ``, or''; and
       (3) by inserting after subparagraph (L) the following:
       ``(M) enhanced ability for small business concerns to 
     achieve savings through energy efficiency.''.
                                 ______
                                 
  SA 3218. Ms. STABENOW (for herself, Mr. Boozman, Ms. Baldwin, Mr. 
Carper, and Mr. Isakson) submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 3703 and insert the following:

     SEC. 3703. ELIGIBLE PROJECTS.

       Section 1703(b)(1) of the Energy Policy Act of 2005 (42 
     U.S.C. 16513(b)(1)) is amended by inserting ``(excluding the 
     burning, to generate electricity, of commonly recycled paper 
     that has been segregated from solid waste to generate 
     electricity or commonly recycled paper that is collected as 
     part of a collection system that commingles the paper with 
     other solid waste at any point from collection through the 
     materials recovery process)'' after ``systems''.
                                 ______
                                 
  SA 3219. Mr. CASEY submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 370, strike lines 14 and 15 and insert the 
     following:
     proper voltage and frequency;
       (vii) ensure the availability of a financial day-ahead 
     transmission market that will be aligned with the existing 
     financial monthly transmission market; and
       (viii) provide an enhanced opportunity
                                 ______
                                 
  SA 3220. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 325, strike line 9 and all that follows 
     through page 327, line 5 and insert the following:
       (1) Definition of recycled carbon fiber.--In this 
     subsection, the term ``recycled carbon fiber'' includes--
       (A) carbon fiber composite recycling; and
       (B) carbon fiber recovery or reuse of carbon fiber 
     composites and the components of carbon fiber composites.
       (2) Study.--The Secretary shall conduct a study on--
       (A) the technology of recycled carbon fiber, carbon fiber 
     recovery, and production waste carbon fiber; and
       (B) the potential lifecycle energy savings and economic 
     impact of recycled carbon fiber and carbon fiber recovery.
       (3) Factors for consideration.--In conducting the study 
     under paragraph (2), the Secretary shall consider--
       (A) the quantity of recycled carbon fiber, recovered carbon 
     fiber, or production waste carbon fiber that would make the 
     use of recycled carbon fiber, carbon fiber recovery, or 
     production waste carbon fiber economically viable;
       (B) any existing or potential barriers to carbon fiber 
     recovery, recycling carbon fiber, or using recovered or 
     recycled carbon fiber;
       (C) any financial incentives that may be necessary for the 
     development of carbon fiber recovery, recycled carbon fiber, 
     or production waste carbon fiber;
       (D) the potential lifecycle savings in energy from carbon 
     fiber recovery or producing recycled carbon fiber, as 
     compared to producing new carbon fiber;
       (E) the best and highest uses for recovered carbon fiber 
     and recycled carbon fiber;
       (F) the potential reduction in carbon dioxide emissions 
     from carbon fiber recovery and producing recycled carbon 
     fiber, as compared to producing new carbon fiber;
       (G) any economic benefits gained from using recovered 
     carbon fiber and recycled carbon fiber or production waste 
     carbon fiber;
       (H) workforce training and skills needed to address labor 
     demands in the development of recovered carbon fiber and 
     recycled carbon fiber or production waste carbon fiber; and
       (I) how the Department can leverage existing efforts in the 
     industry on the use of production waste carbon fiber.
       (4) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     paragraph (2).
       (b) Recycled Carbon Fiber Demonstration Project.--On 
     completion of the study required under subsection (a)(2), the 
     Secretary shall consult with the
                                 ______
                                 
  SA 3221. Mr. UDALL (for himself, Mr. Portman, Mrs. Boxer, Mr. 
Alexander, Mr. Wyden, and Mr. Brown) submitted an amendment intended to 
be proposed by him to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. WATERSENSE.

       (a) In General.--Part B of title III of the Energy Policy 
     and Conservation Act is amended by adding after section 324A 
     (42 U.S.C. 6294a) the following:

     ``SEC. 324B. WATERSENSE.

       ``(a) Establishment of WaterSense Program.--
       ``(1) In general.--There is established within the 
     Environmental Protection Agency a voluntary WaterSense 
     program to identify and promote water-efficient products, 
     buildings, landscapes, facilities, processes, and services 
     that, through voluntary labeling of, or other forms of 
     communications regarding, products, buildings, landscapes, 
     facilities, processes, and services while meeting strict 
     performance criteria, sensibly--
       ``(A) reduce water use;
       ``(B) reduce the strain on public and community water 
     systems and wastewater and stormwater infrastructure;
       ``(C) conserve energy used to pump, heat, transport, and 
     treat water; and
       ``(D) preserve water resources for future generations.
       ``(2) Inclusions.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     `Administrator') shall, consistent with this section, 
     identify water-efficient products, buildings, landscapes, 
     facilities, processes, and services, including categories 
     such as--
       ``(A) irrigation technologies and services;
       ``(B) point-of-use water treatment devices;
       ``(C) plumbing products;
       ``(D) reuse and recycling technologies;
       ``(E) landscaping and gardening products, including 
     moisture control or water enhancing technologies;

[[Page S511]]

       ``(F) xeriscaping and other landscape conversions that 
     reduce water use;
       ``(G) whole house humidifiers; and
       ``(H) water-efficient buildings or facilities.
       ``(b) Duties.--The Administrator, coordinating as 
     appropriate with the Secretary, shall--
       ``(1) establish--
       ``(A) a WaterSense label to be used for items meeting the 
     certification criteria established in accordance with this 
     section; and
       ``(B) the procedure, including the methods and means, and 
     criteria by which an item may be certified to display the 
     WaterSense label;
       ``(2) enhance public awareness regarding the WaterSense 
     label through outreach, education, and other means;
       ``(3) preserve the integrity of the WaterSense label by--
       ``(A) establishing and maintaining feasible performance 
     criteria so that products, buildings, landscapes, facilities, 
     processes, and services labeled with the WaterSense label 
     perform as well or better than less water-efficient 
     counterparts;
       ``(B) overseeing WaterSense certifications made by third 
     parties;
       ``(C) as determined appropriate by the Administrator, using 
     testing protocols, from the appropriate, applicable, and 
     relevant consensus standards, for the purpose of determining 
     standards compliance; and
       ``(D) auditing the use of the WaterSense label in the 
     marketplace and preventing cases of misuse; and
       ``(4) not more often than 6 years after adoption or major 
     revision of any WaterSense specification, review and, if 
     appropriate, revise the specification to achieve additional 
     water savings;
       ``(5) in revising a WaterSense specification--
       ``(A) provide reasonable notice to interested parties and 
     the public of any changes, including effective dates, and an 
     explanation of the changes;
       ``(B) solicit comments from interested parties and the 
     public prior to any changes;
       ``(C) as appropriate, respond to comments submitted by 
     interested parties and the public; and
       ``(D) provide an appropriate transition time prior to the 
     applicable effective date of any changes, taking into account 
     the timing necessary for the manufacture, marketing, 
     training, and distribution of the specific water-efficient 
     product, building, landscape, process, or service category 
     being addressed; and
       ``(6) not later than December 31, 2018, consider for review 
     and revision any WaterSense specification adopted before 
     January 1, 2012.
       ``(c) Transparency.--The Administrator shall, to the 
     maximum extent practicable and not less than annually, 
     regularly estimate and make available to the public the 
     production and relative market shares and savings of water, 
     energy, and capital costs of water, wastewater, and 
     stormwater attributable to the use of WaterSense-labeled 
     products, buildings, landscapes, facilities, processes, and 
     services.
       ``(d) Distinction of Authorities.--In setting or 
     maintaining specifications for Energy Star pursuant to 
     section 324A, and WaterSense under this section, the 
     Secretary and Administrator shall coordinate to prevent 
     duplicative or conflicting requirements among the respective 
     programs.
       ``(e) No Warranty.--A WaterSense label shall not create an 
     express or implied warranty.''.
       (b) Conforming Amendment.--The table of contents for the 
     Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is 
     amended by inserting after the item relating to section 324A 
     the following:

``Sec. 324B. WaterSense.''.
                                 ______
                                 
  SA 3222. Mr. WYDEN (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title II, add the following:

     SEC. 220_. MARKET-DRIVEN REINSTATEMENT OF OIL EXPORT BAN.

       (a) Definitions.--In this section:
       (1) Average national price of gasoline.--The term ``average 
     national price of gasoline'' means the average of retail 
     regular gasoline prices in the United States, as calculated 
     (on a weekday basis) by, and published on the Internet 
     website of, the Energy Information Administration.
       (2) Gasoline index price.--The term ``gasoline index 
     price'' means the average of retail regular gasoline prices 
     in the United States, as calculated (on a monthly basis) by, 
     and published on the Internet website of, the Energy 
     Information Administration, during the 60-month period 
     preceding the date of the calculation.
       (b) Reinstatement of Oil Export Ban.--
       (1) In general.--Effective on the date on which the event 
     described in paragraph (2) occurs, subsections (a), (b), (c), 
     and (d) of section 101 of division O of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113), are repealed, 
     and the provisions of law amended or repealed by those 
     subsections are restored or revived as if those subsections 
     had not been enacted.
       (2) Event described.--The event referred to in paragraph 
     (1) is the date on which the average national price of 
     gasoline has been 50 percent greater than the gasoline index 
     price for 30 consecutive days.
       (c) Presidential Authority.--Notwithstanding subsection 
     (b), the President may affirmatively allow the export of 
     crude oil from the United States to continue for a period of 
     not more than 1 year after the date of the reinstatement 
     described in subsection (b), if the President--
       (1) declares a national emergency and formally notices the 
     declaration of a national emergency in the Federal Register; 
     or
       (2) finds and reports to Congress that a ban on the export 
     of crude oil pursuant to this section has caused undue 
     economic hardship.
       (d) Effective Date.--This section takes effect on the date 
     that is 5 years after the date of enactment of the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113).
                                 ______
                                 
  SA 3223. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 
2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. GREENHOUSE GAS EMISSIONS REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Energy Information 
     Administration shall prepare and publish a report on the 
     influence of the provisions of this Act on greenhouse gas 
     emissions.
                                 ______
                                 
  SA 3224. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle C of title IV, add the following:

     SEC. 42__. CLEAN ENERGY TECHNOLOGY INNOVATION REGIONAL 
                   PARTNERSHIPS.

       (a) Purpose.--The purpose of this section is to accelerate 
     the pace of innovation in clean energy technologies through 
     the formation of regional clean energy innovation 
     partnerships that are responsive to the energy resources, 
     customer needs, and innovation capabilities of various 
     regions of the country.
       (b) Definition of Clean Energy Technology.--In this 
     section, the term ``clean energy technology'' means any 
     process or product, or system of products and processes, 
     that--
       (1) can be applied at any stage of the energy cycle, from 
     production to consumption, the application of which will 
     result in the reduction of net greenhouse gas emissions; and
       (2) can result in the reduction of 1 or more of--
       (A) demand for water resources;
       (B) waste;
       (C) emissions of air pollutants other than greenhouse gas 
     emissions; or
       (D) concentrations of contaminants in wastewater 
     discharges.
       (c) Research and Development Program.--
       (1) In general.--The Secretary shall carry out a program of 
     research, development, demonstration, and commercial 
     application of clean energy technologies through regional 
     clean energy innovation partnerships established under 
     subsection (e).
       (2) Delegation authorized.--The Secretary may delegate the 
     responsibilities of the Secretary under this subsection, on 
     the condition that--
       (A) sufficient high-level management oversight is 
     maintained; and
       (B) the partnerships are implemented as a cross-cutting 
     initiative not subject to any single technology program.
       (d) Clean Energy Innovation Regions.--
       (1) Establishment.--The Secretary shall by rulemaking 
     establish up to 10 clean energy regions in the United States 
     based on the analysis and application of the criteria 
     described in paragraph (2).
       (2) Criteria.--The criteria referred to in paragraph (1) 
     include--
       (A)(i) geographic continuity; or
       (ii) in the case of Alaska, Hawaii, and the territories and 
     possessions of the United States, geographic similarities; 
     and
       (B) the presence of major energy innovation resources, 
     including research universities, National Laboratories (as 
     defined in section 2 of the Energy Policy Act of 2005 (42 
     U.S.C. 15801)), and other research institutions.
       (3) States.--The Secretary shall place a State in only 1 
     region under this subsection.
       (e) Clean Energy Innovation Regional Partnerships.--
       (1) Establishment.--The Secretary may, through an open, 
     competitive process, select for designation as a clean energy 
     innovation regional partnership not more than 1 eligible 
     partnership, consisting of 2 or more eligible entities, for 
     each region established under subsection (d).
       (2) Eligibility.--Entities eligible to be part of a 
     partnership include--
       (A) institutions of higher education;

[[Page S512]]

       (B) National Laboratories;
       (C) other research institutions;
       (D) units of State or local government;
       (E) tribal governments;
       (F) regional organizations;
       (G) economic development organizations; and
       (H) non-governmental entities and corporations.
       (3) Requirement for partnerships.--To be eligible to be 
     selected as a clean energy innovation regional partnership 
     under paragraph (1), a partnership shall be an organization 
     described in section 501(c) of the Internal Revenue Code of 
     1986 and exempt from taxation under section 501(a) of that 
     Code.
       (4) Application process.--An eligible partnership desiring 
     selection as a clean energy innovation regional partnership 
     under paragraph (1) shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require, including, at a 
     minimum--
       (A) a description of all entities comprising the proposed 
     partnership;
       (B) identification of appropriate information on the 
     qualifications of the key management personnel of the 
     proposed partnership;
       (C) a full description of the governance structure and 
     management processes of the partnership, including conflict 
     of interest policy;
       (D) a description of the policies and procedures for 
     managing new intellectual property created by the 
     partnership;
       (E) a description of how the applicant would carry out the 
     activities of the clean energy innovation regional 
     partnership, as described in this subsection; and
       (F) a recommendation for the clean energy innovation 
     regional partnership program of the scope of work for initial 
     year activities and future program focus.
       (5) Selection criteria.--The Secretary shall establish 
     criteria for the selection of clean energy innovation 
     regional partnerships, including--
       (A) strength of the governance structure, including 
     representation of the regional energy economy;
       (B) expertise and experience of key research management 
     personnel;
       (C) demonstrated knowledge of regional energy markets and 
     technologies;
       (D) capability for regional energy analysis and planning;
       (E) capability to conduct assessments of innovative clean 
     energy technologies;
       (F) commitments of co-funding from non-Federal sources;
       (G) capability for attracting matching funds from both non-
     Federal and non-governmental sources for follow-on investment 
     in widespread application of successful projects; and
       (H) capability and experience in managing technology 
     transfer programs.
       (6) Functions.--A clean energy innovation regional 
     partnership selected under this subsection shall be 
     responsible for--
       (A) developing an annual clean energy regional innovation 
     plan;
       (B) establishing open, transparent processes for soliciting 
     project applications consistent with the plan;
       (C) selecting projects for financial assistance;
       (D) awarding financial assistance, including grants, cost-
     sharing, prizes, revolving funds and loans, or other forms of 
     credit enhancement;
       (E) incentivizing collaborative research, development, 
     demonstration, and deployment programs within the designated 
     region of the partnership;
       (F) facilitating the use of National Laboratory resources 
     and other Federal research facilities;
       (G) collaborating with other funding entities to provide 
     financial assistance for regional clean energy innovation 
     projects consistent with the annual plan developed under 
     subparagraph (A);
       (H) arranging for sharing of prototyping and production 
     facilities for clean energy technologies;
       (I) promoting training opportunities in clean energy 
     technologies;
       (J) providing information sharing and conducting technology 
     transfer activities, including assistance to clean energy 
     technology start-up ventures;
       (K) coordinating with other regional clean energy 
     innovation partnerships on projects relevant to more than 1 
     region; and
       (L) performing such other duties and providing such reports 
     as the Secretary may require.
       (7) Limitations.--A clean energy innovation regional 
     partnership selected under this subsection shall not--
       (A) perform in-house research, development, demonstration, 
     or deployment activities; or
       (B) use Federal funding for the construction or 
     rehabilitation of buildings or facilities.
       (8) Conflict of interest.--
       (A) Procedures.--The Secretary shall establish procedures--
       (i) to ensure that each board member, officer, or employee 
     of the clean energy innovation regional partnership selected 
     under this subsection who is in a decision making capacity to 
     exercise any of the functions described in paragraph (6) 
     shall disclose to the Secretary any financial interests in, 
     or financial relationships with, applicants for, or 
     recipients of, awards under this section, including any 
     financial interests in, or financial relationships with, 
     applicants for, or recipients of, awards under this section 
     of the spouse or minor child of the board member, officer, or 
     employee; and
       (ii) to require any board member, officer, or employee with 
     a financial relationship or interest disclosed under clause 
     (i) to recuse himself or herself from any oversight functions 
     under paragraph (6) with respect to that applicant or 
     recipient.
       (B) Failure to comply.--The Secretary may disqualify an 
     application or revoke an award under this section if a board 
     member, officer, or employee has failed to comply with 
     procedures required under subparagraph (A).
       (f) Funding Agreement.--
       (1) Multiyear agreement.--The Secretary may enter into a 
     funding agreement for up to 5 years, with options for 
     renewal, with each clean energy innovation regional 
     partnership selected under this subsection.
       (2) Funding instrument.--The Secretary may fund agreements 
     under paragraph (1) through grants, cooperative agreements, 
     or other transactions under section 646 of the Department of 
     Energy Organization Act (42 U.S.C. 7256), as determined 
     appropriate by the Secretary.
       (3) Funding limitations.--
       (A) In general.--Each funding agreement entered into under 
     paragraph (1) shall be subject to the funding levels and 
     allocations established by the Secretary under subsection 
     (j).
       (B) Additional limitation.--No funds shall be provided 
     under an agreement entered into under paragraph (1) for the 
     cost of--
       (i) facilities occupied by the clean energy innovation 
     regional partnership; or
       (ii) any in-house research project activities as described 
     in subsection (e)(7)(A).
       (g) Annual Plan.--
       (1) In general.--Each clean energy innovation regional 
     partnership shall carry out a program pursuant to an annual 
     plan prepared by the partnership and approved by the 
     Secretary.
       (2) Plan content.--The annual plan shall--
       (A) describe the ongoing and prospective activities of the 
     partnership; and
       (B) meet the requirements established by the Secretary 
     under paragraph (3).
       (3) Requirements.--The Secretary shall establish 
     requirements for the content of each annual plan, which shall 
     include--
       (A) a proposed portfolio of clean energy programs and 
     projects, including both individual technologies and system 
     approaches, reflecting regional characteristics and 
     priorities, with priority given to clean energy technologies 
     that meet the most characteristics described in subsection 
     (e)(5);
       (B) a description of the process, including a list of any 
     solicitations, for making awards to carry out research 
     development, demonstration, or commercial application 
     activities, including--
       (i) the topics of those activities;
       (ii) a description of who would be eligible to apply;
       (iii) selection criteria to be used; and
       (iv) the duration of awards;
       (C) a description of the status of ongoing projects, 
     including the progress in meeting project milestones;
       (D) a description of the policies and procedures for 
     managing the dissemination of new intellectual property 
     developed under the annual plan;
       (E) a description of technology transfer and 
     commercialization activities that may follow from successful 
     projects; and
       (F) a description of all other activities planned to carry 
     out the functions described subsection (e)(6).
       (4) Plan development.--
       (A) Solicitation recommendations.--Before drafting an 
     annual plan under this subsection, each clean energy 
     innovation regional partnership shall establish a process to 
     solicit specific written recommendations from stakeholders 
     within the region.
       (B) Consultation.--Each clean energy innovation regional 
     partnership shall consult regularly with the Secretary in the 
     preparation of the annual plan.
       (5) Publication.--The Secretary shall publish in the 
     Federal Register, and provide opportunity for comment for, 
     each annual plan submitted under this subsection.
       (6) Plan approval.--
       (A) In general.--The Secretary shall review and approve or 
     disapprove, in whole or in part, each annual plan submitted 
     under this subsection.
       (B) Automatic approval.--If the Secretary does not approve 
     or disapprove an annual plan by the date that is 60 days 
     after the date of submission of the annual plan, the annual 
     shall be deemed approved.
       (7) Plan implementation.--
       (A) Awards.--On approval of the annual plan by the 
     Secretary, each clean energy innovation regional partnership 
     shall make awards to research performers to carry out 
     research, development, demonstration, and commercial 
     application activities under the program under this section.
       (B) Conflict of interest.--An entity that is a member of 
     the clean energy innovation regional partnership may receive 
     an award under subparagraph (A) on the condition that the 
     conflict of interest procedures described in subsection 
     (e)(8)(A) are followed.
       (C) Oversight.--The clean energy innovation regional 
     partnership shall oversee the implementation of awards under 
     this subsection, consistent with the annual plan of the clean 
     energy innovation regional partnership, including through--

[[Page S513]]

       (i) disbursing funds; and
       (ii) monitoring activities carried by the recipient of an 
     award for compliance with the terms and conditions of the 
     award.
       (h) Administrative Costs.--
       (1) Authorization.--The Secretary may allow each clean 
     energy innovation regional partnership to allocate a portion, 
     not to exceed 10 percent in any 1 fiscal year, of the funding 
     received under subsection (f), to be used to implement the 
     annual plan of the clean energy innovation regional 
     partnership.
       (2) Advance.--The Secretary may advance funds to a clean 
     energy innovation regional partnership on or after the date 
     of selection of the clean energy innovation regional 
     partnership under subsection (e)(1), which shall be deducted 
     from amounts to be provided in the funding agreement entered 
     into under subsection (f).
       (i) Audit.--The Secretary shall audit each clean energy 
     innovation regional partnership on a periodic basis, as 
     appropriate, to determine the extent to which funds provided 
     to each clean energy innovation regional partnership, and 
     funds provided under awards made under subsection (g)(7)(A) 
     have been expended in a manner consistent with the purposes 
     and requirements of this section.
       (j) Funding.--
       (1) Fund establishment.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``Clean Energy Innovation Regional Partnership Fund'' 
     (referred to in this subsection as the ``Fund'').
       (2) Authorization.--The Secretary of the Treasury may 
     transfer to the Fund, from the General Fund of the Treasury--
       (A) for fiscal 2017, $110,000,000;
       (B) for fiscal 2018, $500,000,000;
       (C) for fiscal 2019, $800,000,000;
       (D) for fiscal 2020, $1,350,000,000; and
       (E) for fiscal 2021, $1,750,000,000.
       (3) Availability.--
       (A) Period.--Amounts transferred to the Fund under 
     paragraph (2) shall remain available until expended.
       (B) Obligation authority.--Amounts in the Fund shall be 
     available to the Secretary for obligation under this section 
     only in amounts provided in annual appropriations Acts.
       (4) Allocation.--The Secretary shall allocate the funding 
     available for obligation under paragraph (3) for each fiscal 
     year among approved annual plans for clean energy innovation 
     regional partnerships based on a formula that takes into 
     account certain criteria that include--
       (A) regional energy consumption expenditures;
       (B) regional energy production levels;
       (C) regional Population; and
       (D) such other region-specific factors that the Secretary 
     may specify.
       (5) Study; report.--
       (A) Study.--The Secretary shall conduct a study of the 
     feasibility of establishing 1 or more funding sources that 
     can provide a dedicated, stable source of financing for clean 
     energy innovation regional partnership.
       (B) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that contains findings and recommendations based on 
     the study conducted under subparagraph (A).
                                 ______
                                 
  SA 3225. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. VOLUNTARY VEGETATION MANAGEMENT OUTSIDE RIGHTS-OF-
                   WAY.

       (a) Authorization.--The Secretary of the Interior or the 
     Secretary of Agriculture may authorize an owner or operator 
     of an electric transmission or distribution facility to 
     manage vegetation selectively within 150 feet of the exterior 
     boundary of the right-of-way near structures for selective 
     thinning and fuel reduction.
       (b) Requirements.--Management of vegetation under this 
     section shall--
       (1) be limited to wildfire prevention, such as hazardous 
     fuel buildup near structures and hazard trees;
       (2) be at the expense of the right-of-way holder; and
       (3) not include commercial timber harvesting, logging, 
     prescribed burning, or clear cutting.
       (c) Status of Removed Vegetation.--Any vegetation removed 
     pursuant to this section shall be the property of the United 
     States and not available for sale by the owner or operator.
       (d) Limitation on Liability.--An owner or operator of an 
     electric transmission or distribution facility shall not be 
     held liable for wildfire, damage, loss, or injury, including 
     the cost of fire suppression, resulting from activities 
     carried out pursuant to subsection (a), except in the case of 
     harm resulting from the gross negligence or criminal 
     misconduct of the owner or operator.
                                 ______
                                 
  SA 3226. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. BLACK HILLS NATIONAL CEMETERY BOUNDARY 
                   MODIFICATION.

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

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

       (iv) Costs.--The Secretary of Veterans Affairs shall 
     reimburse the Secretary for the costs incurred by the 
     Secretary in carrying out this subparagraph, including the 
     costs of any surveys and other reasonable costs.
       (2) Withdrawal.--Subject to valid existing rights, for any 
     period during which the Federal land is under the 
     administrative jurisdiction of the Secretary of Veterans 
     Affairs, the Federal land--
       (A) is withdrawn from all forms of appropriation under the 
     public land laws, including the mining laws, the mineral 
     leasing laws, and the geothermal leasing laws; and
       (B) shall be treated as property as defined under section 
     102(9) of title 40, United States Code.
       (3) Boundary modification.--The boundary of the Cemetery is 
     modified to include the Federal land.
       (4) Modification of public land order.--Public Land Order 
     2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to 
     exclude the Federal land.
       (c) Subsequent Transfer of Administrative Jurisdiction.--
       (1) Notice.--On a determination by the Secretary of 
     Veterans Affairs that all or a portion of the Federal land is 
     not being used for purposes of the Cemetery, the Secretary of 
     Veterans Affairs shall notify the Secretary of the 
     determination.
       (2) Transfer of administrative jurisdiction.--Subject to 
     paragraphs (3) and (4), the Secretary of Veterans Affairs 
     shall transfer to the Secretary administrative jurisdiction 
     over the Federal land subject to a notice under paragraph 
     (1).
       (3) Decontaminaton.--The Secretary of Veterans Affairs 
     shall be responsible for the costs of any decontamination of 
     the Federal land subject to a notice under paragraph (1) that 
     the Secretary determines to be necessary for the Federal land 
     to be restored to public land status.
       (4) Restoration to public land status.--The Federal land 
     subject to a notice under paragraph (1) shall only be 
     restored to public land status on--
       (A) acceptance by the Secretary of the Federal land subject 
     to the notice; and
       (B) a determination by the Secretary that the Federal land 
     subject to the notice is suitable for--
       (i) restoration to public land status; and
       (ii) the operation of 1 or more of the public land laws 
     with respect to the Federal land.
       (5) Order.--If the Secretary accepts the Federal land under 
     paragraph (4)(A) and makes a determination of suitability 
     under paragraph (4)(B), the Secretary may--
       (A) open the accepted Federal land to operation of 1 or 
     more of the public land laws; and
       (B) issue an order to carry out the opening authorized 
     under subparagraph (A).
                                 ______
                                 
  SA 3227. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. WILD HORSES IN AND AROUND THE CURRITUCK NATIONAL 
                   WILDLIFE REFUGE.

       (a) Agreement Required.--

[[Page S514]]

       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     enter into an agreement with the Corolla Wild Horse Fund (a 
     nonprofit corporation established under the laws of the State 
     of North Carolina), the County of Currituck, North Carolina, 
     and the State of North Carolina to provide for management of 
     free-roaming wild horses in and around the Currituck National 
     Wildlife Refuge.
       (2) Terms.--The agreement shall--
       (A) allow a herd of not fewer than 110 and not more than 
     130 free-roaming wild horses in and around the refuge, with a 
     target population of between 120 and 130 free-roaming wild 
     horses;
       (B) provide for cost-effective management of the horses 
     while ensuring that natural resources within the refuge are 
     not adversely impacted;
       (C) provide for introduction of a small number of free-
     roaming wild horses from the herd at Cape Lookout National 
     Seashore as is necessary to maintain the genetic viability of 
     the herd in and around the Currituck National Wildlife 
     Refuge; and
       (D) specify that the Corolla Wild Horse Fund shall pay the 
     costs associated with--
       (i) coordinating a periodic census and inspecting the 
     health of the horses;
       (ii) maintaining records of the horses living in the wild 
     and in confinement;
       (iii) coordinating the removal and placement of horses and 
     monitoring of any horses removed from the Currituck County 
     Outer Banks; and
       (iv) administering a viable population control plan for the 
     horses, including auctions, adoptions, contraceptive 
     fertility methods, and other viable options.
       (b) Conditions for Excluding Wild Horses From Refuge.--The 
     Secretary shall not exclude free-roaming wild horses from any 
     portion of the Currituck National Wildlife Refuge unless--
       (1) the Secretary finds that the presence of free-roaming 
     wild horses on a portion of that refuge threatens the 
     survival of an endangered species for which that land is 
     designated as critical habitat under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.);
       (2) the finding is based on a credible peer-reviewed 
     scientific assessment; and
       (3) the Secretary provides a period of public notice and 
     comment on that finding.
       (c) Requirements for Introduction of Horses From Cape 
     Lookout National Seashore.--During the effective period of 
     the memorandum of understanding between the National Park 
     Service and the Foundation for Shackleford Horses, Inc. (a 
     non-profit corporation organized under the laws of and doing 
     business in the State of North Carolina) signed in 2007, no 
     horse may be removed from Cape Lookout National Seashore for 
     introduction at Currituck National Wildlife Refuge except--
       (1) with the approval of the Foundation; and
       (2) consistent with the terms of the memorandum (or any 
     successor agreement) and the Management Plan for the 
     Shackleford Banks Horse Herd signed in January 2006 (or any 
     successor management plan).
       (d) No Liability Created.--Nothing in this section creates 
     liability for the United States for any damage caused by the 
     free-roaming wild horses to any person or property located 
     inside or outside the boundaries of the Currituck National 
     Wildlife Refuge.
                                 ______
                                 
  SA 3228. Ms. MURKOWSKI (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At end, add the following:

                      TITLE VI--NATURAL RESOURCES

            Subtitle A--Land Conveyances and Related Matters

     SEC. 6001. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.

       (a) In General.--The boundary of the Arapaho National 
     Forest in the State of Colorado is adjusted to incorporate 
     the approximately 92.95 acres of land generally depicted as 
     ``The Wedge'' on the map entitled ``Arapaho National Forest 
     Boundary Adjustment'' and dated November 6, 2013, and 
     described as lots three, four, eight, and nine of section 13, 
     Township 4 North, Range 76 West, Sixth Principal Meridian, 
     Colorado. A lot described in this subsection may be included 
     in the boundary adjustment only after the Secretary of 
     Agriculture obtains written permission for such action from 
     the lot owner or owners.
       (b) Bowen Gulch Protection Area.--The Secretary of 
     Agriculture shall include all Federal land within the 
     boundary described in subsection (a) in the Bowen Gulch 
     Protection Area established under section 6 of the Colorado 
     Wilderness Act of 1993 (16 U.S.C. 539j).
       (c) Land and Water Conservation Fund.--For purposes of 
     section 200306(a)(2)(B)(i) of title 54, United States Code, 
     the boundaries of the Arapaho National Forest, as modified 
     under subsection (a), shall be considered to be the 
     boundaries of the Arapaho National Forest as in existence on 
     January 1, 1965.
       (d) Public Motorized Use.--Nothing in this section opens 
     privately owned lands within the boundary described in 
     subsection (a) to public motorized use.
       (e) Access to Non-Federal Lands.--Notwithstanding the 
     provisions of section 6(f) of the Colorado Wilderness Act of 
     1993 (16 U.S.C. 539j(f)) regarding motorized travel, the 
     owners of any non-Federal lands within the boundary described 
     in subsection (a) who historically have accessed their lands 
     through lands now or hereafter owned by the United States 
     within the boundary described in subsection (a) shall have 
     the continued right of motorized access to their lands across 
     the existing roadway.

     SEC. 6002. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER 
                   NATIONAL FOREST, COLORADO.

       (a) Land Conveyance Required.--Consistent with the purpose 
     of the Act of March 3, 1909 (43 U.S.C. 772), all right, 
     title, and interest of the United States (subject to 
     subsection (b)) in and to a parcel of land consisting of 
     approximately 148 acres as generally depicted on the map 
     entitled ``Elkhorn Ranch Land Parcel-White River National 
     Forest'' and dated March 2015 shall be conveyed by patent to 
     the Gordman-Leverich Partnership, a Colorado Limited 
     Liability Partnership (in this section referred to as 
     ``GLP'').
       (b) Existing Rights.--The conveyance under subsection (a)--
       (1) is subject to the valid existing rights of the lessee 
     of Federal oil and gas lease COC-75070 and any other valid 
     existing rights; and
       (2) shall reserve to the United States the right to collect 
     rent and royalty payments on the lease referred to in 
     paragraph (1) for the duration of the lease.
       (c) Existing Boundaries.--The conveyance under subsection 
     (a) does not modify the exterior boundary of the White River 
     National Forest or the boundaries of Sections 18 and 19 of 
     Township 7 South, Range 93 West, Sixth Principal Meridian, 
     Colorado, as such boundaries are in effect on the date of the 
     enactment of this Act.
       (d) Time for Conveyance; Payment of Costs.--The conveyance 
     directed under subsection (a) shall be completed not later 
     than 180 days after the date of the enactment of this Act. 
     The conveyance shall be without consideration, except that 
     all costs incurred by the Secretary of the Interior relating 
     to any survey, platting, legal description, or other 
     activities carried out to prepare and issue the patent shall 
     be paid by GLP to the Secretary prior to the land conveyance.

     SEC. 6003. LAND EXCHANGE IN CRAGS, COLORADO.

       (a) Purposes.--The purposes of this section are--
       (1) to authorize, direct, expedite, and facilitate the land 
     exchange set forth herein; and
       (2) to promote enhanced public outdoor recreational and 
     natural resource conservation opportunities in the Pike 
     National Forest near Pikes Peak, Colorado, via acquisition of 
     the non-Federal land and trail easement.
       (b) Definitions.--In this section:
       (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a 
     Colorado corporation.
       (2) Federal land.--The term ``Federal land'' means all 
     right, title, and interest of the United States in and to 
     approximately 83 acres of land within the Pike National 
     Forest, El Paso County, Colorado, together with a non-
     exclusive perpetual access easement to BHI to and from such 
     land on Forest Service Road 371, as generally depicted on the 
     map entitled ``Proposed Crags Land Exchange-Federal Parcel-
     Emerald Valley Ranch'', dated March 2015.
       (3) Non-federal land.--The term ``non-Federal land'' means 
     the land and trail easement to be conveyed to the Secretary 
     by BHI in the exchange and is--
       (A) approximately 320 acres of land within the Pike 
     National Forest, Teller County, Colorado, as generally 
     depicted on the map entitled ``Proposed Crags Land Exchange-
     Non-Federal Parcel-Crags Property'', dated March 2015; and
       (B) a permanent trail easement for the Barr Trail in El 
     Paso County, Colorado, as generally depicted on the map 
     entitled ``Proposed Crags Land Exchange-Barr Trail Easement 
     to United States'', dated March 2015, and which shall be 
     considered as a voluntary donation to the United States by 
     BHI for all purposes of law.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, unless otherwise specified.
       (c) Land Exchange.--
       (1) In general.--If BHI offers to convey to the Secretary 
     all right, title, and interest of BHI in and to the non-
     Federal land, the Secretary shall accept the offer and 
     simultaneously convey to BHI the Federal land.
       (2) Land title.--Title to the non-Federal land conveyed and 
     donated to the Secretary under this section shall be 
     acceptable to the Secretary and shall conform to the title 
     approval standards of the Attorney General of the United 
     States applicable to land acquisitions by the Federal 
     Government.
       (3) Perpetual access easement to bhi.--The nonexclusive 
     perpetual access easement to be granted to BHI as shown on 
     the map referred to in subsection (b)(2) shall allow--
       (A) BHI to fully maintain, at BHI's expense, and use Forest 
     Service Road 371 from its junction with Forest Service Road 
     368 in accordance with historic use and maintenance patterns 
     by BHI; and

[[Page S515]]

       (B) full and continued public and administrative access and 
     use of FSR 371 in accordance with the existing Forest Service 
     travel management plan, or as such plan may be revised by the 
     Secretary.
       (4) Route and condition of road.--BHI and the Secretary may 
     mutually agree to improve, relocate, reconstruct, or 
     otherwise alter the route and condition of all or portions of 
     such road as the Secretary, in close consultation with BHI, 
     may determine advisable.
       (5) Exchange costs.--BHI shall pay for all land survey, 
     appraisal, and other costs to the Secretary as may be 
     necessary to process and consummate the exchange directed by 
     this section, including reimbursement to the Secretary, if 
     the Secretary so requests, for staff time spent in such 
     processing and consummation.
       (d) Equal Value Exchange and Appraisals.--
       (1) Appraisals.--The values of the lands to be exchanged 
     under this section shall be determined by the Secretary 
     through appraisals performed in accordance with--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisitions;
       (B) the Uniform Standards of Professional Appraisal 
     Practice;
       (C) appraisal instructions issued by the Secretary; and
       (D) shall be performed by an appraiser mutually agreed to 
     by the Secretary and BHI.
       (2) Equal value exchange.--The values of the Federal and 
     non-Federal land parcels exchanged shall be equal, or if they 
     are not equal, shall be equalized as follows:
       (A) Surplus of federal land value.--If the final appraised 
     value of the Federal land exceeds the final appraised value 
     of the non-Federal land parcel identified in subsection 
     (b)(3)(A), BHI shall make a cash equalization payment to the 
     United States as necessary to achieve equal value, including, 
     if necessary, an amount in excess of that authorized pursuant 
     to section 206(b) of the Federal Land Policy and Management 
     Act of l976 (43 U.S.C. 1716(b)).
       (B) Use of funds.--Any cash equalization moneys received by 
     the Secretary under subparagraph (A) shall be--
       (i) deposited in the fund established under Public Law 90-
     171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
       (ii) made available to the Secretary for the acquisition of 
     land or interests in land in Region 2 of the Forest Service.
       (C) Surplus of non-federal land value.--If the final 
     appraised value of the non-Federal land parcel identified in 
     subsection (b)(3)(A) exceeds the final appraised value of the 
     Federal land, the United States shall not make a cash 
     equalization payment to BHI, and surplus value of the non-
     Federal land shall be considered a donation by BHI to the 
     United States for all purposes of law.
       (3) Appraisal exclusions.--
       (A) Special use permit.--The appraised value of the Federal 
     land parcel shall not reflect any increase or diminution in 
     value due to the special use permit existing on the date of 
     the enactment of this Act to BHI on the parcel and 
     improvements thereunder.
       (B) Barr trail easement.--The Barr Trail easement donation 
     identified in subsection (b)(3)(B) shall not be appraised for 
     purposes of this section.
       (e) Miscellaneous Provisions.--
       (1) Withdrawal provisions.--
       (A) Withdrawal.--Lands acquired by the Secretary under this 
     section shall, without further action by the Secretary, be 
     permanently withdrawn from all forms of appropriation and 
     disposal under the public land laws (including the mining and 
     mineral leasing laws) and the Geothermal Steam Act of 1930 
     (30 U.S.C. 1001 et seq.).
       (B) Withdrawal revocation.--Any public land order that 
     withdraws the Federal land from appropriation or disposal 
     under a public land law shall be revoked to the extent 
     necessary to permit disposal of the Federal land parcel to 
     BHI.
       (C) Withdrawal of federal land.--All Federal land 
     authorized to be exchanged under this section, if not already 
     withdrawn or segregated from appropriation or disposal under 
     the public lands laws upon enactment of this Act, is hereby 
     so withdrawn, subject to valid existing rights, until the 
     date of conveyance of the Federal land to BHI.
       (2) Postexchange land management.--Land acquired by the 
     Secretary under this section shall become part of the Pike-
     San Isabel National Forest and be managed in accordance with 
     the laws, rules, and regulations applicable to the National 
     Forest System.
       (3) Exchange timetable.--It is the intent of Congress that 
     the land exchange directed by this section be consummated no 
     later than 1 year after the date of the enactment of this 
     Act.
       (4) Maps, estimates, and descriptions.--
       (A) Minor errors.--The Secretary and BHI may by mutual 
     agreement make minor boundary adjustments to the Federal and 
     non-Federal lands involved in the exchange, and may correct 
     any minor errors in any map, acreage estimate, or description 
     of any land to be exchanged.
       (B) Conflict.--If there is a conflict between a map, an 
     acreage estimate, or a description of land under this 
     section, the map shall control unless the Secretary and BHI 
     mutually agree otherwise.
       (C) Availability.--Upon enactment of this Act, the 
     Secretary shall file and make available for public inspection 
     in the headquarters of the Pike-San Isabel National Forest a 
     copy of all maps referred to in this section.

     SEC. 6004. CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS 
                   AREAS.

       (a) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map entitled ``Rio 
     Grande del Norte National Monument Proposed Wilderness 
     Areas'' and dated July 28, 2015.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Wilderness area.--The term ``wilderness area'' means a 
     wilderness area designated by subsection (b)(1).
       (b) Designation of Cerro Del Yuta and Rio San Antonio 
     Wilderness Areas.--
       (1) In general.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the Rio Grande 
     del Norte National Monument are designated as wilderness and 
     as components of the National Wilderness Preservation System:
       (A) Cerro del yuta wilderness.--Certain land administered 
     by the Bureau of Land Management in Taos County, New Mexico, 
     comprising approximately 13,420 acres as generally depicted 
     on the map, which shall be known as the ``Cerro del Yuta 
     Wilderness''.
       (B) Rio san antonio wilderness.--Certain land administered 
     by the Bureau of Land Management in Rio Arriba County, New 
     Mexico, comprising approximately 8,120 acres, as generally 
     depicted on the map, which shall be known as the ``Rio San 
     Antonio Wilderness''.
       (2) Management of wilderness areas.--Subject to valid 
     existing rights, the wilderness areas shall be administered 
     in accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.) and this section, except that with respect to the 
     wilderness areas designated by this subsection--
       (A) any reference to the effective date of the Wilderness 
     Act shall be considered to be a reference to the date of 
     enactment of this Act; and
       (B) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (3) Incorporation of acquired land and interests in land.--
     Any land or interest in land within the boundary of the 
     wilderness areas that is acquired by the United States 
     shall--
       (A) become part of the wilderness area in which the land is 
     located; and
       (B) be managed in accordance with--
       (i) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (ii) this section; and
       (iii) any other applicable laws.
       (4) Grazing.--Grazing of livestock in the wilderness areas, 
     where established before the date of enactment of this Act, 
     shall be administered in accordance with--
       (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (B) the guidelines set forth in appendix A of the Report of 
     the Committee on Interior and Insular Affairs to accompany 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (5) Buffer zones.--
       (A) In general.--Nothing in this section creates a 
     protective perimeter or buffer zone around the wilderness 
     areas.
       (B) Activities outside wilderness areas.--The fact that an 
     activity or use on land outside a wilderness area can be seen 
     or heard within the wilderness area shall not preclude the 
     activity or use outside the boundary of the wilderness area.
       (6) Release of wilderness study areas.--Congress finds 
     that, for purposes of section 603(c) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the 
     public land within the San Antonio Wilderness Study Area not 
     designated as wilderness by this subsection--
       (A) has been adequately studied for wilderness designation;
       (B) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (C) shall be managed in accordance with this section.
       (7) Maps and legal descriptions.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file the map and 
     legal descriptions of the wilderness areas with--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (B) Force of law.--The map and legal descriptions filed 
     under subparagraph (A) shall have the same force and effect 
     as if included in this section, except that the Secretary may 
     correct errors in the legal description and map.
       (C) Public availability.--The map and legal descriptions 
     filed under subparagraph (A) shall be on file and available 
     for public inspection in the appropriate offices of the 
     Bureau of Land Management.
       (8) National landscape conservation system.--The wilderness 
     areas shall be administered as components of the National 
     Landscape Conservation System.
       (9) Fish and wildlife.--Nothing in this section affects the 
     jurisdiction of the State of New Mexico with respect to fish 
     and wildlife located on public land in the State.
       (10) Withdrawals.--Subject to valid existing rights, any 
     Federal land within the wilderness areas designated by 
     paragraph (1), including any land or interest in land that is 
     acquired by the United States after the date of enactment of 
     this Act, is withdrawn from--
       (A) entry, appropriation, or disposal under the public land 
     laws;

[[Page S516]]

       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (11) Treaty rights.--Nothing in this section enlarges, 
     diminishes, or otherwise modifies any treaty rights.

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

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

     SEC. 6006. COOPER SPUR LAND EXCHANGE CLARIFICATION 
                   AMENDMENTS.

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

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

       ``(iv) Public review.--Before completing the land exchange 
     under this Act, the Secretary shall make available for public 
     review the complete appraisals of the land to be 
     exchanged.'';
       (B) in subparagraph (F), by striking ``16 months after the 
     date of enactment of this Act'' and inserting ``1 year after 
     the date of the enactment of the Energy Policy Modernization 
     Act of 2016''; and
       (C) by striking subparagraph (G) and inserting the 
     following:
       ``(G) Required conveyance conditions.--Prior to the 
     exchange of the Federal and non-Federal land--
       ``(i) the Secretary and Mt. Hood Meadows may mutually agree 
     for the Secretary to reserve a conservation easement to 
     protect the identified wetland in accordance with applicable 
     law, subject to the requirements that--

       ``(I) the conservation easement shall be consistent with 
     the terms of the September 30, 2015, mediation between the 
     Secretary and Mt. Hood Meadows; and
       ``(II) in order to take effect, the conservation easement 
     shall be finalized not later than 120 days after the date of 
     enactment of the Energy Policy Modernization Act of 2016; and

       ``(ii) the Secretary shall reserve a 24-foot-wide 
     nonexclusive trail easement at the existing trail locations 
     on the Federal land that retains for the United States 
     existing rights to construct, reconstruct, maintain, and 
     permit nonmotorized use by the public of existing trails 
     subject to the right of the owner of the Federal land--

       ``(I) to cross the trails with roads, utilities, and 
     infrastructure facilities; and
       ``(II) to improve or relocate the trails to accommodate 
     development of the Federal land.

       ``(H) Equalization of values.--
       ``(i) In general.--Notwithstanding subparagraph (A), in 
     addition to or in lieu of monetary compensation, a lesser 
     area of Federal land or non-Federal land may be conveyed if 
     necessary to equalize appraised values of the exchange 
     properties, without limitation, consistent with the 
     requirements of this Act and subject to the approval of the 
     Secretary and Mt. Hood Meadows.
       ``(ii) Treatment of certain compensation or conveyances as 
     donation.--If, after payment of compensation or adjustment of 
     land area subject to exchange under this Act, the amount by 
     which the appraised value of the land and other property 
     conveyed by Mt. Hood Meadows under subparagraph (A) exceeds 
     the appraised value of the land conveyed by the Secretary 
     under subparagraph (A) shall be considered a donation by Mt. 
     Hood Meadows to the United States.''.

     SEC. 6007. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Eligible.--The term ``eligible'', with respect to an 
     organization or individual, means that the organization or 
     individual, respectively, is--
       (A) acting in a not-for-profit capacity; and
       (B) composed entirely of members who, at the time of the 
     good Samaritan search-and-recovery mission, have attained the 
     age of majority under the law of the State where the mission 
     takes place.
       (2) Good samaritan search-and-recovery mission.--The term 
     ``good Samaritan search-and-recovery mission'' means a search 
     conducted by an eligible organization or individual for 1 or 
     more missing individuals believed to be deceased at the time 
     that the search is initiated.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or the Secretary of Agriculture, as 
     applicable.
       (b) Process.--
       (1) In general.--Each Secretary shall develop and implement 
     a process to expedite access to Federal land under the 
     administrative jurisdiction of the Secretary for eligible 
     organizations and individuals to request access to Federal 
     land to conduct good Samaritan search-and-recovery missions.
       (2) Inclusions.--The process developed and implemented 
     under this subsection shall include provisions to clarify 
     that--
       (A) an eligible organization or individual granted access 
     under this section--
       (i) shall be acting for private purposes; and
       (ii) shall not be considered to be a Federal volunteer;
       (B) an eligible organization or individual conducting a 
     good Samaritan search-and-recovery mission under this section 
     shall not be considered to be a volunteer under section 
     102301(c) of title 54, United States Code;
       (C) chapter 171 of title 28, United States Code (commonly 
     known as the ``Federal Tort Claims Act''), shall not apply to 
     an eligible organization or individual carrying out a 
     privately requested good Samaritan search-and-recovery 
     mission under this section; and
       (D) chapter 81 of title 5, United States Code (commonly 
     known as the ``Federal Employees Compensation Act''), shall 
     not apply to an eligible organization or individual 
     conducting a good Samaritan search-and-recovery mission under 
     this section, and the conduct of the good Samaritan search-
     and-recovery mission shall not constitute civilian 
     employment.
       (c) Release of Federal Government From Liability.--The 
     Secretary shall not require an eligible organization or 
     individual to have liability insurance as a condition of 
     accessing Federal land under this section, if the eligible 
     organization or individual--
       (1) acknowledges and consents, in writing, to the 
     provisions described in subparagraphs (A) through (D) of 
     subsection (b)(2); and
       (2) signs a waiver releasing the Federal Government from 
     all liability relating to the access granted under this 
     section and agrees to indemnify and hold harmless the United 
     States from any claims or lawsuits arising from any conduct 
     by the eligible organization or individual on Federal land.
       (d) Approval and Denial of Requests.--
       (1) In general.--The Secretary shall notify an eligible 
     organization or individual of the approval or denial of a 
     request by the eligible organization or individual to carry 
     out a good Samaritan search-and-recovery mission under this 
     section by not later than 48 hours after the request is made.
       (2) Denials.--If the Secretary denies a request from an 
     eligible organization or individual to carry out a good 
     Samaritan search-and-recovery mission under this section, the 
     Secretary shall notify the eligible organization or 
     individual of--
       (A) the reason for the denial of the request; and
       (B) any actions that the eligible organization or 
     individual can take to meet the requirements for the request 
     to be approved.
       (e) Partnerships.--Each Secretary shall develop search-and-
     recovery-focused partnerships with search-and-recovery 
     organizations--
       (1) to coordinate good Samaritan search-and-recovery 
     missions on Federal land under the administrative 
     jurisdiction of the Secretary; and
       (2) to expedite and accelerate good Samaritan search-and-
     recovery mission efforts for missing individuals on Federal 
     land under the administrative jurisdiction of the Secretary.
       (f) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretaries shall submit to 
     Congress a joint report describing--
       (1) plans to develop partnerships described in subsection 
     (e)(1); and
       (2) efforts carried out to expedite and accelerate good 
     Samaritan search-and-recovery mission efforts for missing 
     individuals on Federal land under the administrative 
     jurisdiction of each Secretary pursuant to subsection (e)(2).

     SEC. 6008. BLACK HILLS NATIONAL CEMETERY BOUNDARY EXPANSION.

       (a) Definitions.--In this section:
       (1) BLM land.--The term ``BLM land'' means the 
     approximately 191.24 acres of Bureau of Land Management land 
     within Meade County, South Dakota, which is more particularly 
     described as follows:
       (A) In sec. 23, T. 5 N, R. 5 E., Black Hills Meridian--
       (i) the land in the SW\1/4\SW\1/4\ located south of the 
     tread of the Centennial Trail;
       (ii) the land in the SE\1/4\SW\1/4\ located south of the 
     tread of the Centennial Trail and southwest of the 
     southwesterly railroad

[[Page S517]]

     right-of-way boundary described and authorized under MTM-
     14260; and
       (iii) the land in the SW\1/4\SE\1/4\ located southwest of 
     the southwesterly railroad right-of-way boundary.
       (B) In sec. 26, T. 5 N, R. 5 E., Black Hills Meridian--
       (i) lots 5, 11, and 12; and
       (ii) in lot 10, the land located southwest of the 
     southwesterly railroad right-of-way boundary described and 
     authorized under MTM-14260 and NW\1/4\NW\1/4\.
       (2) Cemetery.--The term ``Cemetery'' means the Black Hills 
     National Cemetery in Sturgis, South Dakota.
       (b) Transfer of Administrative Jurisdiction.--
       (1) In general.--Administrative jurisdiction over the BLM 
     land is transferred from the Secretary of the Interior to the 
     Secretary of Veterans Affairs for inclusion in the Cemetery.
       (2) Boundary modification.--On the transfer of the BLM land 
     under paragraph (1), the boundary of the Cemetery is modified 
     to include the BLM land.
       (3) Modification of public land order.--On the transfer of 
     the BLM land under paragraph (1), Public Land Order 2112, 
     dated June 6, 1960 (25 Fed. Reg. 5243), is modified to 
     exclude the BLM land.

   Subtitle B--National Park Management, Studies, and Related Matters

     SEC. 6101. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL 
                   PARKS DURING SHUTDOWN.

       (a) In General.--The Director of the National Park Service 
     shall refund to each State all funds of the State that were 
     used to reopen and temporarily operate a unit of the National 
     Park System during the period in October 2013 in which there 
     was a lapse in appropriations for the unit.
       (b) Funding.--Funds of the National Park Service that are 
     appropriated after the date of enactment of this Act shall be 
     used to carry out this section.

     SEC. 6102. LOWER FARMINGTON AND SALMON BROOK RECREATIONAL 
                   RIVERS.

       (a) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the 
     end the following new paragraph:
       ``(213) Lower farmington river and salmon brook, 
     connecticut.--Segments of the main stem and its tributary, 
     Salmon Brook, totaling approximately 62 miles, to be 
     administered by the Secretary of the Interior as follows:
       ``(A) The approximately 27.2-mile segment of the Farmington 
     River beginning 0.2 miles below the tailrace of the Lower 
     Collinsville Dam and extending to the site of the Spoonville 
     Dam in Bloomfield and East Granby as a recreational river.
       ``(B) The approximately 8.1-mile segment of the Farmington 
     River extending from 0.5 miles below the Rainbow Dam to the 
     confluence with the Connecticut River in Windsor as a 
     recreational river.
       ``(C) The approximately 2.4-mile segment of the main stem 
     of Salmon Brook extending from the confluence of the East and 
     West Branches to the confluence with the Farmington River as 
     a recreational river.
       ``(D) The approximately 12.6-mile segment of the West 
     Branch of Salmon Brook extending from its headwaters in 
     Hartland, Connecticut to its confluence with the East Branch 
     of Salmon Brook as a recreational river.
       ``(E) The approximately 11.4-mile segment of the East 
     Branch of Salmon Brook extending from the Massachusetts-
     Connecticut State line to the confluence with the West Branch 
     of Salmon Brook as a recreational river.''.
       (b) Management.--
       (1) In general.--The river segments designated by 
     subsection (a) shall be managed in accordance with the 
     management plan and such amendments to the management plan as 
     the Secretary determines are consistent with this section. 
     The management plan shall be deemed to satisfy the 
     requirements for a comprehensive management plan pursuant to 
     section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(d)).
       (2) Committee.--The Secretary shall coordinate the 
     management responsibilities of the Secretary under this 
     section with the Lower Farmington River and Salmon Brook Wild 
     and Scenic Committee, as specified in the management plan.
       (3) Cooperative agreements.--
       (A) In general.--In order to provide for the long-term 
     protection, preservation, and enhancement of the river 
     segment designated by subsection (a), the Secretary is 
     authorized to enter into cooperative agreements pursuant to 
     sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act 
     with--
       (i) the State of Connecticut;
       (ii) the towns of Avon, Bloomfield, Burlington, East 
     Granby, Farmington, Granby, Hartland, Simsbury, and Windsor 
     in Connecticut; and
       (iii) appropriate local planning and environmental 
     organizations.
       (B) Consistency.--All cooperative agreements provided for 
     under this section shall be consistent with the management 
     plan and may include provisions for financial or other 
     assistance from the United States.
       (4) Land management.--
       (A) Zoning ordinances.--For the purposes of the segments 
     designated in subsection (a), the zoning ordinances adopted 
     by the towns in Avon, Bloomfield, Burlington, East Granby, 
     Farmington, Granby, Hartland, Simsbury, and Windsor in 
     Connecticut, including provisions for conservation of 
     floodplains, wetlands and watercourses associated with the 
     segments, shall be deemed to satisfy the standards and 
     requirements of section 6(c) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1277(c)).
       (B) Acquisition of land.--The provisions of section 6(c) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that 
     prohibit Federal acquisition of lands by condemnation shall 
     apply to the segments designated in subsection (a). The 
     authority of the Secretary to acquire lands for the purposes 
     of the segments designated in subsection (a) shall be limited 
     to acquisition by donation or acquisition with the consent of 
     the owner of the lands, and shall be subject to the 
     additional criteria set forth in the management plan.
       (5) Rainbow dam.--The designation made by subsection (a) 
     shall not be construed to--
       (A) prohibit, pre-empt, or abridge the potential future 
     licensing of the Rainbow Dam and Reservoir (including any and 
     all aspects of its facilities, operations and transmission 
     lines) by the Federal Energy Regulatory Commission as a 
     federally licensed hydroelectric generation project under the 
     Federal Power Act, provided that the Commission may, in the 
     discretion of the Commission and consistent with this 
     section, establish such reasonable terms and conditions in a 
     hydropower license for Rainbow Dam as are necessary to reduce 
     impacts identified by the Secretary as invading or 
     unreasonably diminishing the scenic, recreational, and fish 
     and wildlife values of the segments designated by subsection 
     (a); or
       (B) affect the operation of, or impose any flow or release 
     requirements on, the unlicensed hydroelectric facility at 
     Rainbow Dam and Reservoir.
       (6) Relation to national park system.--Notwithstanding 
     section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1281(c)), the Lower Farmington River shall not be 
     administered as part of the National Park System or be 
     subject to regulations which govern the National Park System.
       (c) Farmington River, Connecticut, Designation Revision.--
     Section 3(a)(156) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) is amended in the first sentence--
       (1) by striking ``14-mile'' and inserting ``15.1-mile''; 
     and
       (2) by striking ``to the downstream end of the New 
     Hartford-Canton, Connecticut town line'' and inserting ``to 
     the confluence with the Nepaug River''.
       (d) Definitions.--For the purposes of this section:
       (1) Management plan.--The term ``management plan'' means 
     the management plan prepared by the Salmon Brook Wild and 
     Scenic Study Committee entitled the ``Lower Farmington River 
     and Salmon Brook Management Plan'' and dated June 2011.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

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

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

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

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``study area'' means--
       (A) P.S. 103, the public school located in West Baltimore, 
     Maryland, which Thurgood Marshall attended as a youth; and

[[Page S518]]

       (B) any other resources in the neighborhood surrounding 
     P.S. 103 that relate to the early life of Thurgood Marshall.
       (b) Special Resource Study.--
       (1) Study.--The Secretary shall conduct a special resource 
     study of the study area.
       (2) Contents.--In conducting the study under paragraph (1), 
     the Secretary shall--
       (A) evaluate the national significance of the study area;
       (B) determine the suitability and feasibility of 
     designating the study area as a unit of the National Park 
     System;
       (C) consider other alternatives for preservation, 
     protection, and interpretation of the study area by the 
     Federal Government, State or local government entities, or 
     private and nonprofit organizations;
       (D) consult with interested Federal agencies, State or 
     local governmental entities, private and nonprofit 
     organizations, or any other interested individuals; and
       (E) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives.
       (3) Applicable law.--The study required under paragraph (1) 
     shall be conducted in accordance with section 100507 of title 
     54, United States Code.
       (4) Report.--Not later than 3 years after the date on which 
     funds are first made available to carry out the study under 
     paragraph (1), the Secretary shall submit to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report that describes--
       (A) the results of the study; and
       (B) any conclusions and recommendations of the Secretary.

     SEC. 6105. SPECIAL RESOURCE STUDY OF JAMES K. POLK 
                   PRESIDENTIAL HOME.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall conduct a special 
     resource study of the site of the James K. Polk Home in 
     Columbia, Tennessee, and adjacent property (referred to in 
     this section as the ``site'').
       (b) Criteria.--The Secretary shall conduct the study under 
     subsection (a) in accordance with section 100507 of title 54, 
     United States Code.
       (c) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) evaluate the national significance of the site;
       (2) determine the suitability and feasibility of 
     designating the site as a unit of the National Park System;
       (3) include cost estimates for any necessary acquisition, 
     development, operation, and maintenance of the site;
       (4) consult with interested Federal, State, or local 
     governmental entities, private and nonprofit organizations, 
     or other interested individuals; and
       (5) identify alternatives for the management, 
     administration, and protection of the site.
       (d) Report.--Not later than 3 years after the date on which 
     funds are made available to carry out the study under 
     subsection (a), the Secretary shall submit to the Committee 
     on Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report that describes--
       (1) the findings and conclusions of the study; and
       (2) any recommendations of the Secretary.

     SEC. 6106. NORTH COUNTRY NATIONAL SCENIC TRAIL ROUTE 
                   ADJUSTMENT.

       (a) Route Adjustment.--Section 5(a)(8) of the National 
     Trails System Act (16 U.S.C. 1244(a)(8)) is amended in the 
     first sentence--
       (1) by striking ``thirty two hundred miles, extending from 
     eastern New York State'' and inserting ``4,600 miles, 
     extending from the Appalachian Trail in Vermont''; and
       (2) by striking ``Proposed North Country Trail'' and all 
     that follows through ``June 1975.'' and inserting `` `North 
     Country National Scenic Trail, Authorized Route' dated 
     February 2014, and numbered 649/116870.''.
       (b) No Condemnation.--Section 5(a)(8) of the National 
     Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding 
     at the end the following: ``No land or interest in land 
     outside of the exterior boundary of any Federally 
     administered area may be acquired by the Federal Government 
     for the trail by condemnation.''.

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

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

     SEC. 6108. ADVISORY COUNCIL ON HISTORIC PRESERVATION.

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

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

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

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

                        PART I--NATIONAL POLICY

     SEC. 6201. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.

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

              PART II--SPORTSMEN'S ACCESS TO FEDERAL LAND

     SEC. 6211. DEFINITIONS.

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

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

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

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

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

[[Page S519]]

       (A) consult with State fish and wildlife agencies; and
       (B) provide public notice and opportunity for comment under 
     paragraph (2).
       (2) Public notice and comment.--
       (A) In general.--Public notice and comment shall include--
       (i) a notice of intent--

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

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

       (II) made available in advance of the public comment period 
     to local offices, chapters, and affiliate organizations in 
     the vicinity of the closure that are signatories to the 
     memorandum of understanding entitled ``Federal Lands Hunting, 
     Fishing, and Shooting Sports Roundtable Memorandum of 
     Understanding''; and
       (III) that describes--

       (aa) the proposed closure; and
       (bb) the justification for the proposed closure, including 
     an explanation of the reasons and necessity for the decision 
     to close the area to hunting, fishing, or recreational 
     shooting; and
       (ii) an opportunity for public comment for a period of--

       (I) not less than 60 days for a permanent closure; or
       (II) not less than 30 days for a temporary closure.

       (B) Final decision.--In a final decision to permanently or 
     temporarily close an area to hunting, fishing, or recreation 
     shooting, the Secretary concerned shall--
       (i) respond in a reasoned manner to the comments received;
       (ii) explain how the Secretary concerned resolved any 
     significant issues raised by the comments; and
       (iii) show how the resolution led to the closure.
       (c) Temporary Closures.--
       (1) In general.--A temporary closure under this section may 
     not exceed a period of 180 days.
       (2) Renewal.--Except in an emergency, a temporary closure 
     for the same area of land closed to the same activities--
       (A) may not be renewed more than 3 times after the first 
     temporary closure; and
       (B) must be subject to a separate notice and comment 
     procedure in accordance with subsection (b)(2).
       (3) Effect of temporary closure.--Any Federal land that is 
     temporarily closed to hunting, fishing, or recreational 
     shooting under this section shall not become permanently 
     closed to that activity without a separate public notice and 
     opportunity to comment in accordance with subsection (b)(2).
       (d) Reporting.--On an annual basis, the Secretaries 
     concerned shall--
       (1) publish on a public website a list of all areas of 
     Federal land temporarily or permanently subject to a closure 
     under this section; and
       (2) submit to the Committee on Energy and Natural Resources 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate and the Committee on Natural Resources and the 
     Committee on Agriculture of the House of Representatives a 
     report that identifies--
       (A) a list of each area of Federal land temporarily or 
     permanently subject to a closure;
       (B) the acreage of each closure; and
       (C) a survey of--
       (i) the aggregate areas and acreage closed under this 
     section in each State; and
       (ii) the percentage of Federal land in each State closed 
     under this section with respect to hunting, fishing, and 
     recreational shooting.
       (e) Application.--This section shall not apply if the 
     closure is--
       (1) less than 14 days in duration; and
       (2) covered by a special use permit.

     SEC. 6214. SHOOTING RANGES.

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

     SEC. 6215. FEDERAL ACTION TRANSPARENCY.

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

[[Page S520]]

       ``(F) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(7) The online searchable database described in paragraph 
     (6) may not reveal any information the disclosure of which is 
     prohibited by law or a court order.
       ``(8) The head of each agency (including the Attorney 
     General of the United States) shall provide to the Chairman 
     of the Administrative Conference of the United States in a 
     timely manner all information requested by the Chairman to 
     comply with the requirements of paragraphs (5), (6), and 
     (7).''.
       (3) Technical and conforming amendments.--Section 2412 of 
     title 28, United States Code, is amended--
       (A) in subsection (d)(3), by striking ``United States 
     Code,''; and
       (B) in subsection (e)--
       (i) by striking ``of section 2412 of title 28, United 
     States Code,'' and inserting ``of this section''; and
       (ii) by striking ``of such title'' and inserting ``of this 
     title''.
       (b) Judgment Fund Transparency.--Section 1304 of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(d) Beginning not later than the date that is 60 days 
     after the date of enactment of the Energy Policy 
     Modernization Act of 2016, and unless the disclosure of such 
     information is otherwise prohibited by law or a court order, 
     the Secretary of the Treasury shall make available to the 
     public on a website, as soon as practicable, but not later 
     than 30 days after the date on which a payment under this 
     section is tendered, the following information with regard to 
     that payment:
       ``(1) The name of the specific agency or entity whose 
     actions gave rise to the claim or judgment.
       ``(2) The name of the plaintiff or claimant.
       ``(3) The name of counsel for the plaintiff or claimant.
       ``(4) The amount paid representing principal liability, and 
     any amounts paid representing any ancillary liability, 
     including attorney fees, costs, and interest.
       ``(5) A brief description of the facts that gave rise to 
     the claim.
       ``(6) The name of the agency that submitted the claim.''.

        PART III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

     SEC. 6221. COMMERCIAL FILMING.

       (a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 
     460l-6d) is amended--
       (1) by redesignating subsections (a) through (f) as 
     subsections (b) through (g), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Definition of Secretary.--The term `Secretary' means 
     the Secretary of the Interior or the Secretary of 
     Agriculture, as applicable, with respect to land under the 
     respective jurisdiction of the Secretary.'';
       (3) in subsection (b) (as so redesignated)--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``of the Interior or 
     the Secretary of Agriculture (hereafter individually referred 
     to as the `Secretary' with respect to land (except land in a 
     System unit as defined in section 100102 of title 54, United 
     States Code) under their respective jurisdictions)''; and
       (ii) in subparagraph (B), by inserting ``, except in the 
     case of film crews of 3 or fewer individuals'' before the 
     period at the end; and
       (B) by adding at the end the following:
       ``(3) Fee schedule.--Not later than 180 days after the date 
     of enactment of the Energy Policy Modernization Act of 2016, 
     to enhance consistency in the management of Federal land, the 
     Secretaries shall publish a single joint land use fee 
     schedule for commercial filming and still photography.'';
       (4) in subsection (c) (as so redesignated), in the second 
     sentence, by striking ``subsection (a)'' and inserting 
     ``subsection (b)'';
       (5) in subsection (d) (as so redesignated), in the heading, 
     by inserting ``Commercial'' before ``Still'';
       (6) in paragraph (1) of subsection (f) (as so 
     redesignated), by inserting ``in accordance with the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),'' 
     after ``without further appropriation,'';
       (7) in subsection (g) (as so redesignated)--
       (A) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(1) In general.--The Secretary shall''; and
       (B) by adding at the end the following:
       ``(2) Considerations.--The Secretary shall not consider 
     subject matter or content as a criterion for issuing or 
     denying a permit under this Act.''; and
       (8) by adding at the end the following:
       ``(h) Exemption From Commercial Filming or Still 
     Photography Permits and Fees.--The Secretary shall not 
     require persons holding commercial use authorizations or 
     special recreation permits to obtain an additional permit or 
     pay a fee for commercial filming or still photography under 
     this Act if the filming or photography conducted is--
       ``(1) incidental to the permitted activity that is the 
     subject of the commercial use authorization or special 
     recreation permit; and
       ``(2) the holder of the commercial use authorization or 
     special recreation permit is an individual or small business 
     concern (within the meaning of section 3 of the Small 
     Business Act (15 U.S.C. 632)).
       ``(i) Exception From Certain Fees.--Commercial filming or 
     commercial still photography shall be exempt from fees under 
     this Act, but not from recovery of costs under subsection 
     (c), if the activity--
       ``(1) is conducted by an entity that is a small business 
     concern (within the meaning of section 3 of the Small 
     Business Act (15 U.S.C. 632));
       ``(2) is conducted by a crew of not more than 3 
     individuals; and
       ``(3) uses only a camera and tripod.
       ``(j) Applicability to News Gathering Activities.--
       ``(1) In general.--News gathering shall not be considered a 
     commercial activity.
       ``(2) Included activities.--In this subsection, the term 
     `news gathering' includes, at a minimum, the gathering, 
     recording, and filming of news and information related to 
     news in any medium.''.
       (b) Conforming Amendments.--Chapter 1009 of title 54, 
     United States Code, is amended--
       (1) by striking section 100905; and
       (2) in the table of sections for chapter 1009 of title 54, 
     United States Code, by striking the item relating to section 
     100905.

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

     SEC. 6231. BOWS IN PARKS.

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

     ``Sec. 104909. Bows in parks

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

``104909. Bows in parks.''.

     SEC. 6232. WILDLIFE MANAGEMENT IN PARKS.

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

     ``SEC. 104910. WILDLIFE MANAGEMENT IN PARKS.

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

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

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

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, with respect to land 
     administered by--
       (i) the Director of the National Park Service;
       (ii) the Director of the United States Fish and Wildlife 
     Service; and
       (iii) the Director of the Bureau of Land Management; and
       (B) the Secretary of Agriculture, with respect to land 
     administered by the Chief of the Forest Service.
       (2) State or regional office.--The term ``State or regional 
     office'' means--
       (A) a State office of the Bureau of Land Management; or
       (B) a regional office of--
       (i) the National Park Service;
       (ii) the United States Fish and Wildlife Service; or
       (iii) the Forest Service.
       (3) Travel management plan.--The term ``travel management 
     plan'' means a plan for the management of travel--
       (A) with respect to land under the jurisdiction of the 
     National Park Service, on park roads and designated routes 
     under section 4.10 of title 36, Code of Federal Regulations 
     (or successor regulations);
       (B) with respect to land under the jurisdiction of the 
     United States Fish and Wildlife Service, on the land under a 
     comprehensive conservation plan prepared under section 4(e) 
     of the National Wildlife Refuge System Administration Act of 
     1966 (16 U.S.C. 668dd(e));

[[Page S521]]

       (C) with respect to land under the jurisdiction of the 
     Forest Service, on National Forest System land under part 212 
     of title 36, Code of Federal Regulations (or successor 
     regulations); and
       (D) with respect to land under the jurisdiction of the 
     Bureau of Land Management, under a resource management plan 
     developed under the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.).
       (b) Priority Lists Required.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, annually during the 10-year period 
     beginning on the date on which the first priority list is 
     completed, and every 5 years after the end of the 10-year 
     period, the Secretary shall prepare a priority list, to be 
     made publicly available on the website of the applicable 
     Federal agency referred to in subsection (a)(1), which shall 
     identify the location and acreage of land within the 
     jurisdiction of each State or regional office on which the 
     public is allowed, under Federal or State law, to hunt, fish, 
     or use the land for other recreational purposes but--
       (A) to which there is no public access or egress; or
       (B) to which public access or egress to the legal 
     boundaries of the land is significantly restricted (as 
     determined by the Secretary).
       (2) Minimum size.--Any land identified under paragraph (1) 
     shall consist of contiguous acreage of at least 640 acres.
       (3) Considerations.--In preparing the priority list 
     required under paragraph (1), the Secretary shall consider 
     with respect to the land--
       (A) whether access is absent or merely restricted, 
     including the extent of the restriction;
       (B) the likelihood of resolving the absence of or 
     restriction to public access;
       (C) the potential for recreational use;
       (D) any information received from the public or other 
     stakeholders during the nomination process described in 
     paragraph (5); and
       (E) any other factor as determined by the Secretary.
       (4) Adjacent land status.--For each parcel of land on the 
     priority list, the Secretary shall include in the priority 
     list whether resolving the issue of public access or egress 
     to the land would require acquisition of an easement, right-
     of-way, or fee title from--
       (A) another Federal agency;
       (B) a State, local, or tribal government; or
       (C) a private landowner.
       (5) Nomination process.--In preparing a priority list under 
     this section, the Secretary shall provide an opportunity for 
     members of the public to nominate parcels for inclusion on 
     the priority list.
       (c) Access Options.--With respect to land included on a 
     priority list described in subsection (b), the Secretary 
     shall develop and submit to the Committees on Appropriations 
     and Energy and Natural Resources of the Senate and the 
     Committees on Appropriations and Natural Resources of the 
     House of Representatives a report on options for providing 
     access that--
       (1) identifies how public access and egress could 
     reasonably be provided to the legal boundaries of the land in 
     a manner that minimizes the impact on wildlife habitat and 
     water quality;
       (2) specifies the steps recommended to secure the access 
     and egress, including acquiring an easement, right-of-way, or 
     fee title from a willing owner of any land that abuts the 
     land or the need to coordinate with State land management 
     agencies or other Federal, State, or tribal governments to 
     allow for such access and egress; and
       (3) is consistent with the travel management plan in effect 
     on the land.
       (d) Protection of Personally Identifying Information.--In 
     making the priority list and report prepared under 
     subsections (b) and (c) available, the Secretary shall ensure 
     that no personally identifying information is included, such 
     as names or addresses of individuals or entities.
       (e) Willing Owners.--For purposes of providing any permits 
     to, or entering into agreements with, a State, local, or 
     tribal government or private landowner with respect to the 
     use of land under the jurisdiction of the government or 
     landowner, the Secretary shall not take into account whether 
     the State, local, or tribal government or private landowner 
     has granted or denied public access or egress to the land.
       (f) Means of Public Access and Egress Included.--In 
     considering public access and egress under subsections (b) 
     and (c), the Secretary shall consider public access and 
     egress to the legal boundaries of the land described in those 
     subsections, including access and egress--
       (1) by motorized or non-motorized vehicles; and
       (2) on foot or horseback.
       (g) Effect.--
       (1) In general.--This section shall have no effect on 
     whether a particular recreational use shall be allowed on the 
     land included in a priority list under this section.
       (2) Effect of allowable uses on agency consideration.--In 
     preparing the priority list under subsection (b), the 
     Secretary shall only consider recreational uses that are 
     allowed on the land at the time that the priority list is 
     prepared.

           PART V--FEDERAL LAND TRANSACTION FACILITATION ACT

     SEC. 6241. FEDERAL LAND TRANSACTION FACILITATION ACT.

       (a) In General.--The Federal Land Transaction Facilitation 
     Act is amended--
       (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
     the date of enactment of this Act was'' and inserting ``is'';
       (2) in section 205 (43 U.S.C. 2304)--
       (A) in subsection (a), by striking ``(as in effect on the 
     date of enactment of this Act)''; and
       (B) by striking subsection (d);
       (3) in section 206 (43 U.S.C. 2305), by striking subsection 
     (f); and
       (4) in section 207(b) (43 U.S.C. 2306(b))--
       (A) in paragraph (1)--
       (i) by striking ``96-568'' and inserting ``96-586''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105-263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111-11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
       (b) Funds to Treasury.--Of the amounts deposited in the 
     Federal Land Disposal Account, there shall be transferred to 
     the general fund of the Treasury $1,000,000 for each of 
     fiscal years 2016 through 2025.

                         PART VI--MISCELLANEOUS

     SEC. 6251. RESPECT FOR TREATIES AND RIGHTS.

       Nothing in this subtitle or the amendments made by this 
     subtitle--
       (1) affects or modifies any treaty or other right of any 
     federally recognized Indian tribe; or
       (2) modifies any provision of Federal law relating to 
     migratory birds or to endangered or threatened species.

     SEC. 6252. NO PRIORITY.

       Nothing in this subtitle or the amendments made by this 
     subtitle provides a preference to hunting, fishing, or 
     recreational shooting over any other use of Federal land or 
     water.

          Subtitle D--Water Infrastructure and Related Matters

                      PART I--FONTENELLE RESERVOIR

     SEC. 6301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF 
                   FONTENELLE RESERVOIR AVAILABLE FOR USE.

       (a) In General.--The Secretary of the Interior, in 
     cooperation with the State of Wyoming, may amend the Definite 
     Plan Report for the Seedskadee Project authorized under the 
     first section of the Act of April 11, 1956 (commonly known as 
     the ``Colorado River Storage Project Act'') (43 U.S.C. 620), 
     to provide for the study, design, planning, and construction 
     activities that will enable the use of all active storage 
     capacity (as may be defined or limited by legal, hydrologic, 
     structural, engineering, economic, and environmental 
     considerations) of Fontenelle Dam and Reservoir, including 
     the placement of sufficient riprap on the upstream face of 
     Fontenelle Dam to allow the active storage capacity of 
     Fontenelle Reservoir to be used for those purposes for which 
     the Seedskadee Project was authorized.
       (b) Cooperative Agreements.--
       (1) In general.--The Secretary of the Interior may enter 
     into any contract, grant, cooperative agreement, or other 
     agreement that is necessary to carry out subsection (a).
       (2) State of wyoming.--
       (A) In general.--The Secretary of the Interior shall enter 
     into a cooperative agreement with the State of Wyoming to 
     work in cooperation and collaboratively with the State of 
     Wyoming for planning, design, related preconstruction 
     activities, and construction of any modification of the 
     Fontenelle Dam under subsection (a).
       (B) Requirements.--The cooperative agreement under 
     subparagraph (A) shall, at a minimum, specify the 
     responsibilities of the Secretary of the Interior and the 
     State of Wyoming with respect to--
       (i) completing the planning and final design of the 
     modification of the Fontenelle Dam under subsection (a);
       (ii) any environmental and cultural resource compliance 
     activities required for the modification of the Fontenelle 
     Dam under subsection (a) including compliance with--

       (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (II) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (III) subdivision 2 of division A of subtitle III of title 
     54, United States Code; and

       (iii) the construction of the modification of the 
     Fontenelle Dam under subsection (a).
       (c) Funding by State of Wyoming.--Pursuant to the Act of 
     March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), 
     and as a condition of providing any additional storage under 
     subsection (a), the State of Wyoming shall provide to the 
     Secretary of the Interior funds for any work carried out 
     under subsection (a).

[[Page S522]]

       (d) Other Contracting Authority.--
       (1) In general.--The Secretary of the Interior may enter 
     into contracts with the State of Wyoming, on such terms and 
     conditions as the Secretary of the Interior and the State of 
     Wyoming may agree, for division of any additional active 
     capacity made available under subsection (a).
       (2) Terms and conditions.--Unless otherwise agreed to by 
     the Secretary of the Interior and the State of Wyoming, a 
     contract entered into under paragraph (1) shall be subject to 
     the terms and conditions of Bureau of Reclamation Contract 
     No. 14-06-400-2474 and Bureau of Reclamation Contract No. 14-
     06-400-6193.

     SEC. 6302. SAVINGS PROVISIONS.

       Unless expressly provided in this part, nothing in this 
     part modifies, conflicts with, preempts, or otherwise 
     affects--
       (1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.) 
     (commonly known as the ``Boulder Canyon Project Act'');
       (2) the Colorado River Compact of 1922, as approved by the 
     Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
       (3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.) 
     (commonly known as the ``Boulder Canyon Project Adjustment 
     Act'');
       (4) the Treaty between the United States of America and 
     Mexico relating to the utilization of waters of the Colorado 
     and Tijuana Rivers and of the Rio Grande, and supplementary 
     protocol signed November 14, 1944, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (5) the Upper Colorado River Basin Compact as consented to 
     by the Act of April 6, 1949 (63 Stat. 31);
       (6) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (7) the Colorado River Basin Project Act (Public Law 90-
     537; 82 Stat. 885); or
       (8) any State of Wyoming or other State water law.

              PART II--BUREAU OF RECLAMATION TRANSPARENCY

     SEC. 6311. FINDINGS.

       Congress finds that--
       (1) the water resources infrastructure of the Bureau of 
     Reclamation provides important benefits related to irrigated 
     agriculture, municipal and industrial water, hydropower, 
     flood control, fish and wildlife, and recreation in the 17 
     Reclamation States;
       (2) as of 2013, the combined replacement value of the 
     infrastructure assets of the Bureau of Reclamation was 
     $94,500,000,000;
       (3) the majority of the water resources infrastructure 
     facilities of the Bureau of Reclamation are at least 60 years 
     old;
       (4) the Bureau of Reclamation has previously undertaken 
     efforts to better manage the assets of the Bureau of 
     Reclamation, including an annual review of asset maintenance 
     activities of the Bureau of Reclamation known as the ``Asset 
     Management Plan''; and
       (5) actionable information on infrastructure conditions at 
     the asset level, including information on maintenance needs 
     at individual assets due to aging infrastructure, is needed 
     for Congress to conduct oversight of Reclamation facilities 
     and meet the needs of the public.

     SEC. 6312. DEFINITIONS.

       In this part:
       (1) Asset.--
       (A) In general.--The term ``asset'' means any of the 
     following assets that are used to achieve the mission of the 
     Bureau of Reclamation to manage, develop, and protect water 
     and related resources in an environmentally and economically 
     sound manner in the interest of the people of the United 
     States:
       (i) Capitalized facilities, buildings, structures, project 
     features, power production equipment, recreation facilities, 
     or quarters.
       (ii) Capitalized and noncapitalized heavy equipment and 
     other installed equipment.
       (B) Inclusions.--The term ``asset'' includes assets 
     described in subparagraph (A) that are considered to be 
     mission critical.
       (2) Asset management report.--The term ``Asset Management 
     Report'' means--
       (A) the annual plan prepared by the Bureau of Reclamation 
     known as the ``Asset Management Plan''; and
       (B) any publicly available information relating to the plan 
     described in subparagraph (A) that summarizes the efforts of 
     the Bureau of Reclamation to evaluate and manage 
     infrastructure assets of the Bureau of Reclamation.
       (3) Major repair and rehabilitation need.--The term ``major 
     repair and rehabilitation need'' means major nonrecurring 
     maintenance at a Reclamation facility, including maintenance 
     related to the safety of dams, extraordinary maintenance of 
     dams, deferred major maintenance activities, and all other 
     significant repairs and extraordinary maintenance.
       (4) Reclamation facility.--The term ``Reclamation 
     facility'' means each of the infrastructure assets that are 
     owned by the Bureau of Reclamation at a Reclamation project.
       (5) Reclamation project.--The term ``Reclamation project'' 
     means a project that is owned by the Bureau of Reclamation, 
     including all reserved works and transferred works owned by 
     the Bureau of Reclamation.
       (6) Reserved works.--The term ``reserved works'' means 
     buildings, structures, facilities, or equipment that are 
     owned by the Bureau of Reclamation for which operations and 
     maintenance are performed by employees of the Bureau of 
     Reclamation or through a contract entered into by the Bureau 
     of Reclamation, regardless of the source of funding for the 
     operations and maintenance.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Transferred works.--The term ``transferred works'' 
     means a Reclamation facility at which operations and 
     maintenance of the facility is carried out by a non-Federal 
     entity under the provisions of a formal operations and 
     maintenance transfer contract or other legal agreement with 
     the Bureau of Reclamation.

     SEC. 6313. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED 
                   WORKS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     an Asset Management Report that--
       (1) describes the efforts of the Bureau of Reclamation--
       (A) to maintain in a reliable manner all reserved works at 
     Reclamation facilities; and
       (B) to standardize and streamline data reporting and 
     processes across regions and areas for the purpose of 
     maintaining reserved works at Reclamation facilities; and
       (2) expands on the information otherwise provided in an 
     Asset Management Report, in accordance with subsection (b).
       (b) Infrastructure Maintenance Needs Assessment.--
       (1) In general.--The Asset Management Report submitted 
     under subsection (a) shall include--
       (A) a detailed assessment of major repair and 
     rehabilitation needs for all reserved works at all 
     Reclamation projects; and
       (B) to the extent practicable, an itemized list of major 
     repair and rehabilitation needs of individual Reclamation 
     facilities at each Reclamation project.
       (2) Inclusions.--To the extent practicable, the itemized 
     list of major repair and rehabilitation needs under paragraph 
     (1)(B) shall include--
       (A) a budget level cost estimate of the appropriations 
     needed to complete each item; and
       (B) an assignment of a categorical rating for each item, 
     consistent with paragraph (3).
       (3) Rating requirements.--
       (A) In general.--The system for assigning ratings under 
     paragraph (2)(B) shall be--
       (i) consistent with existing uniform categorization systems 
     to inform the annual budget process and agency requirements; 
     and
       (ii) subject to the guidance and instructions issued under 
     subparagraph (B).
       (B) Guidance.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall issue guidance 
     that describes the applicability of the rating system 
     applicable under paragraph (2)(B) to Reclamation facilities.
       (4) Public availability.--Except as provided in paragraph 
     (5), the Secretary shall make publicly available, including 
     on the Internet, the Asset Management Report required under 
     subsection (a).
       (5) Confidentiality.--The Secretary may exclude from the 
     public version of the Asset Management Report made available 
     under paragraph (4) any information that the Secretary 
     identifies as sensitive or classified, but shall make 
     available to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a version of the report containing 
     the sensitive or classified information.
       (c) Updates.--Not later than 2 years after the date on 
     which the Asset Management Report is submitted under 
     subsection (a) and biennially thereafter, the Secretary shall 
     update the Asset Management Report, subject to the 
     requirements of section 6314(b)(2).
       (d) Consultation.--To the extent that such consultation 
     would assist the Secretary in preparing the Asset Management 
     Report under subsection (a) and updates to the Asset 
     Management Report under subsection (c), the Secretary shall 
     consult with--
       (1) the Secretary of the Army (acting through the Chief of 
     Engineers); and
       (2) water and power contractors.

     SEC. 6314. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR 
                   TRANSFERRED WORKS.

       (a) In General.--The Secretary shall coordinate with the 
     non-Federal entities responsible for the operation and 
     maintenance of transferred works in developing reporting 
     requirements for Asset Management Reports with respect to 
     major repair and rehabilitation needs for transferred works 
     that are similar to the reporting requirements described in 
     section 6313(b).
       (b) Guidance.--
       (1) In general.--After considering input from water and 
     power contractors of the Bureau of Reclamation, the Secretary 
     shall develop and implement a rating system for transferred 
     works that incorporates, to the maximum extent practicable, 
     the rating system for major repair and rehabilitation needs 
     for reserved works developed under section 6313(b)(3).
       (2) Updates.--The ratings system developed under paragraph 
     (1) shall be included in the updated Asset Management Reports 
     under section 6313(c).

     SEC. 6315. OFFSET.

       Notwithstanding any other provision of law, in the case of 
     the project authorized by section 1617 of the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 
     390h-12c), the maximum amount of the Federal share of the 
     cost of the project

[[Page S523]]

     under section 1631(d)(1) of that Act (43 U.S.C. 390h-
     13(d)(1)) otherwise available as of the date of enactment of 
     this Act shall be reduced by $2,000,000.

             PART III--YAKIMA RIVER BASIN WATER ENHANCEMENT

     SEC. 6321. SHORT TITLE.

       This part may be cited as the ``Yakima River Basin Water 
     Enhancement Project Phase III Act of 2016''.

     SEC. 6322. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.

       (a) Modification of Terms.--Title XII of Public Law 103-434 
     (108 Stat. 4550) is amended--
       (1) by striking ``Yakama Indian'' each place it appears 
     (except section 1204(g)) and inserting ``Yakama''; and
       (2) by striking ``Superintendent'' each place it appears 
     and inserting ``Manager''.
       (b) Modification of Purposes.--Section 1201 of Public Law 
     103-434 (108 Stat. 4550) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) to protect, mitigate, and enhance fish and wildlife 
     and the recovery and maintenance of self-sustaining 
     harvestable populations of fish and other aquatic life, both 
     anadromous and resident species, throughout their historic 
     distribution range in the Yakima Basin through--
       ``(A) improved water management and the constructions of 
     fish passage at storage and diversion dams, as authorized 
     under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et 
     seq.);
       ``(B) improved instream flows and water supplies;
       ``(C) improved water quality, watershed, and ecosystem 
     function;
       ``(D) protection, creation, and enhancement of wetlands; 
     and
       ``(E) other appropriate means of habitat improvement;'';
       (2) in paragraph (2), by inserting ``, municipal, 
     industrial, and domestic water supply and use purposes, 
     especially during drought years, including reducing the 
     frequency and severity of water supply shortages for pro-
     ratable irrigation entities'' before the semicolon at the 
     end;
       (3) by striking paragraph (4);
       (4) by redesignating paragraph (3) as paragraph (4);
       (5) by inserting after paragraph (2) the following:
       ``(3) to authorize the Secretary to make water available 
     for purchase or lease for meeting municipal, industrial, and 
     domestic water supply purposes;'';
       (6) by redesignating paragraphs (5) and (6) as paragraphs 
     (6) and (8), respectively;
       (7) by inserting after paragraph (4) (as so redesignated) 
     the following:
       ``(5) to realize sufficient water savings from implementing 
     the Yakima River Basin Integrated Water Resource Management 
     Plan, so that not less than 85,000 acre feet of water savings 
     are achieved by implementing the first phase of the 
     Integrated Plan pursuant to section 1213(a), in addition to 
     the 165,000 acre feet of water savings targeted through the 
     Basin Conservation Program, as authorized on October 31, 
     1994;'';
       (8) in paragraph (6) (as so redesignated)--
       (A) by inserting ``an increase in'' before ``voluntary''; 
     and
       (B) by striking ``and'' at the end;
       (9) by inserting after paragraph (6) (as so redesignated) 
     the following:
       ``(7) to encourage an increase in the use of, and reduce 
     the barriers to, water transfers, leasing, markets, and other 
     voluntary transactions among public and private entities to 
     enhance water management in the Yakima River basin;'';
       (10) in paragraph (8) (as redesignated by paragraph (6)), 
     by striking the period at the end and inserting a semicolon; 
     and
       (11) by adding at the end the following:
       ``(9) to improve the resilience of the ecosystems, 
     economies, and communities in the Basin as they face drought, 
     hydrologic changes, and other related changes and variability 
     in natural and human systems, for the benefit of both the 
     people and the fish and wildlife of the region; and
       ``(10) to authorize and implement the Yakima River Basin 
     Integrated Water Resource Management Plan as Phase III of the 
     Yakima River Basin Water Enhancement Project, as a balanced 
     and cost-effective approach to maximize benefits to the 
     communities and environment in the Basin.''.
       (c) Modification of Definitions.--Section 1202 of Public 
     Law 103-434 (108 Stat. 4550) is amended--
       (1) by redesignating paragraphs (6), (7), (8), (9), (10), 
     (11), (12), (13), and (14) as paragraphs (8), (10), (11), 
     (13), (14), (15), (16), (18), and (19), respectively;
       (2) by inserting after paragraph (5) the following:
       ``(6) Designated federal official.--The term `designated 
     Federal official' means the Commissioner of Reclamation (or a 
     designee), acting pursuant to the charter of the Conservation 
     Advisory Group.
       ``(7) Integrated plan.--The terms `Integrated Plan' and 
     `Yakima River Basin Integrated Water Resource Plan' mean the 
     plan and activities authorized by the Yakima River Basin 
     Water Enhancement Project Phase III Act of 2016 and the 
     amendments made by that part, to be carried out in 
     cooperation with and in addition to activities of the State 
     of Washington and Yakama Nation.'';
       (3) by inserting after paragraph (8) (as redesignated by 
     paragraph (1)) the following:
       ``(9) Municipal, industrial, and domestic water supply and 
     use.--The term `municipal, industrial, and domestic water 
     supply and use' means the supply and use of water for--
       ``(A) domestic consumption (whether urban or rural);
       ``(B) maintenance and protection of public health and 
     safety;
       ``(C) manufacture, fabrication, processing, assembly, or 
     other production of a good or commodity;
       ``(D) production of energy;
       ``(E) fish hatcheries; or
       ``(F) water conservation activities relating to a use 
     described in subparagraphs (A) through (E).'';
       (4) by inserting after paragraph (11) (as redesignated by 
     paragraph (1)) the following:
       ``(12) Proratable irrigation entity.--The term `proratable 
     irrigation entity' means a district, project, or State-
     recognized authority, board of control, agency, or entity 
     located in the Yakima River basin that--
       ``(A) manages and delivers irrigation water to farms in the 
     basin; and
       ``(B) possesses, or the members of which possess, water 
     rights that are proratable during periods of water 
     shortage.''; and
       (5) by inserting after paragraph (16) (as redesignated by 
     paragraph (1)) the following:
       ``(17) Yakima enhancement project; yakima river basin water 
     enhancement project.--The terms `Yakima Enhancement Project' 
     and `Yakima River Basin Water Enhancement Project' mean the 
     Yakima River basin water enhancement project authorized by 
     Congress pursuant to this Act and other Acts (including 
     Public Law 96-162 (93 Stat. 1241), section 109 of Public Law 
     98-381 (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-
     62 (111 Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) 
     to promote water conservation, water supply, habitat, and 
     stream enhancement improvements in the Yakima River basin.''.

     SEC. 6323. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

       Section 1203 of Public Law 103-434 (108 Stat. 4551) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the second sentence, by striking ``title'' and 
     inserting ``section''; and
       (ii) in the third sentence, by striking ``within 5 years of 
     the date of enactment of this Act''; and
       (B) in paragraph (2), by striking ``irrigation'' and 
     inserting ``the number of irrigated acres'';
       (2) in subsection (c)--
       (A) in paragraph (2)--
       (i) in each of subparagraphs (A) through (D), by striking 
     the comma at the end and inserting a semicolon;
       (ii) in subparagraph (E), by striking the comma at the end 
     and inserting ``; and'';
       (iii) in subparagraph (F), by striking ``Department of 
     Wildlife of the State of Washington, and'' and inserting 
     ``Department of Fish and Wildlife of the State of 
     Washington.''; and
       (iv) by striking subparagraph (G);
       (B) in paragraph (3)--
       (i) in each of subparagraphs (A) through (C), by striking 
     the comma at the end and inserting a semicolon;
       (ii) in subparagraph (D), by striking ``, and'' and 
     inserting a semicolon;
       (iii) in subparagraph (E), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(F) provide recommendations to advance the purposes and 
     programs of the Yakima Enhancement Project, including the 
     Integrated Plan.''; and
       (C) by striking paragraph (4) and inserting the following:
       ``(4) Authority of designated federal official.--The 
     designated Federal official may--
       ``(A) arrange and provide logistical support for meetings 
     of the Conservation Advisory Group;
       ``(B) use a facilitator to serve as a moderator for 
     meetings of the Conservation Advisory Group or provide 
     additional logistical support; and
       ``(C) grant any request for a facilitator by any member of 
     the Conservation Advisory Group.'';
       (3) in subsection (d), by adding at the end the following:
       ``(4) Payment of local share by state or federal 
     government.--
       ``(A) In general.--The State or the Federal Government may 
     fund not more than the 17.5 percent local share of the costs 
     of the Basin Conservation Program in exchange for the long-
     term use of conserved water, subject to the requirement that 
     the funding by the Federal Government of the local share of 
     the costs shall provide a quantifiable public benefit in 
     meeting Federal responsibilities in the Basin and the 
     purposes of this title.
       ``(B) Use of conserved water.--The Yakima Project Manager 
     may use water resulting from conservation measures taken 
     under this title, in addition to water that the Bureau of 
     Reclamation may acquire from any willing seller through 
     purchase, donation, or lease, for water management uses 
     pursuant to this title.'';
       (4) in subsection (e), by striking the first sentence and 
     inserting the following: ``To participate in the Basin 
     Conservation Program, as described in subsection (b), an 
     entity shall submit to the Secretary a proposed water 
     conservation plan.'';
       (5) in subsection (i)(3)--

[[Page S524]]

       (A) by striking ``purchase or lease'' each place it appears 
     and inserting ``purchase, lease, or management''; and
       (B) in the third sentence, by striking ``made immediately 
     upon availability'' and all that follows through 
     ``Committee'' and inserting ``continued as needed to provide 
     water to be used by the Yakima Project Manager as recommended 
     by the System Operations Advisory Committee and the 
     Conservation Advisory Group''; and
       (6) in subsection (j)(4), in the first sentence, by 
     striking ``initial acquisition'' and all that follows through 
     ``flushing flows'' and inserting ``acquisition of water from 
     willing sellers or lessors specifically to provide improved 
     instream flows for anadromous and resident fish and other 
     aquatic life, including pulse flows to facilitate outward 
     migration of anadromous fish''.

     SEC. 6324. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND 
                   AUTHORIZATIONS.

       (a) Yakama Nation Projects.--Section 1204 of Public Law 
     103-434 (108 Stat. 4555) is amended--
       (1) in subsection (a)(2), in the first sentence, by 
     striking ``not more than $23,000,000'' and inserting ``not 
     more than $100,000,000''; and
       (2) in subsection (g)--
       (A) by striking the subsection heading and inserting 
     ``Redesignation of Yakama Indian Nation to Yakama Nation.--
     '';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Redesignation.--The Confederated Tribes and Bands of 
     the Yakama Indian Nation shall be known and designated as the 
     `Confederated Tribes and Bands of the Yakama Nation'.''; and
       (C) in paragraph (2), by striking ``deemed to be a 
     reference to the `Confederated Tribes and Bands of the Yakama 
     Indian Nation'.'' and inserting ``deemed to be a reference to 
     the `Confederated Tribes and Bands of the Yakama Nation'.''.
       (b) Operation of Yakima Basin Projects.--Section 1205 of 
     Public Law 103-434 (108 Stat. 4557) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i)--

       (aa) by inserting ``additional'' after ``secure'';
       (bb) by striking ``flushing'' and inserting ``pulse''; and
       (cc) by striking ``uses'' and inserting ``uses, in addition 
     to the quantity of water provided under the treaty between 
     the Yakama Nation and the United States'';

       (II) by striking clause (ii);
       (III) by redesignating clause (iii) as clause (ii); and
       (IV) in clause (ii) (as so redesignated) by inserting ``and 
     water rights mandated'' after ``goals''; and

       (ii) in subparagraph (B)(i), in the first sentence, by 
     inserting ``in proportion to the funding received'' after 
     ``Program'';
       (2) in subsection (b) (as amended by section 6322(a)(2)), 
     in the second sentence, by striking ``instream flows for use 
     by the Yakima Project Manager as flushing flows or as 
     otherwise'' and inserting ``fishery purposes, as''; and
       (3) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--Additional purposes of the Yakima 
     Project shall be any of the following:
       ``(A) To recover and maintain self-sustaining harvestable 
     populations of native fish, both anadromous and resident 
     species, throughout their historic distribution range in the 
     Yakima Basin.
       ``(B) To protect, mitigate, and enhance aquatic life and 
     wildlife.
       ``(C) Recreation.
       ``(D) Municipal, industrial, and domestic use.''.
       (c) Lake Cle Elum Authorization of Appropriations.--Section 
     1206(a)(1) of Public Law 103-434 (108 Stat. 4560), is 
     amended, in the matter preceding subparagraph (A), by 
     striking ``at September'' and all that follows through ``to--
     '' and inserting ``not more than $12,000,000 to--''.
       (d) Enhancement of Water Supplies for Yakima Basin 
     Tributaries.--Section 1207 of Public Law 103-434 (108 Stat. 
     4560) is amended--
       (1) in the heading, by striking ``supplies'' and inserting 
     ``management'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``supplies'' and inserting ``management'';
       (B) in paragraph (1), by inserting ``and water supply 
     entities'' after ``owners''; and
       (C) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``that choose not to 
     participate or opt out of tributary enhancement projects 
     pursuant to this section'' after ``water right owners''; and
       (ii) in subparagraph (B), by inserting ``nonparticipating'' 
     before ``tributary water users'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking the paragraph designation and all that 
     follows through ``(but not limited to)--'' and inserting the 
     following:
       ``(1) In general.--The Secretary, following consultation 
     with the State of Washington, tributary water right owners, 
     and the Yakama Nation, and on agreement of appropriate water 
     right owners, is authorized to conduct studies to evaluate 
     measures to further Yakima Project purposes on tributaries to 
     the Yakima River. Enhancement programs that use measures 
     authorized by this subsection may be investigated and 
     implemented by the Secretary in tributaries to the Yakima 
     River, including Taneum Creek, other areas, or tributary 
     basins that currently or could potentially be provided 
     supplemental or transfer water by entities, such as the 
     Kittitas Reclamation District or the Yakima-Tieton Irrigation 
     District, subject to the condition that activities may 
     commence on completion of applicable and required feasibility 
     studies, environmental reviews, and cost-benefit analyses 
     that include favorable recommendations for further project 
     development, as appropriate. Measures to evaluate include--
     '';
       (ii) by indenting subparagraphs (A) through (F) 
     appropriately;
       (iii) in subparagraph (A), by inserting before the 
     semicolon at the end the following: ``, including irrigation 
     efficiency improvements (in coordination with programs of the 
     Department of Agriculture), consolidation of diversions or 
     administration, and diversion scheduling or coordination'';
       (iv) by redesignating subparagraphs (C) through (F) as 
     subparagraphs (E) through (H), respectively;
       (v) by inserting after subparagraph (B) the following:
       ``(C) improvements in irrigation system management or 
     delivery facilities within the Yakima River basin when those 
     improvements allow for increased irrigation system conveyance 
     and corresponding reduction in diversion from tributaries or 
     flow enhancements to tributaries through direct flow 
     supplementation or groundwater recharge;
       ``(D) improvements of irrigation system management or 
     delivery facilities to reduce or eliminate excessively high 
     flows caused by the use of natural streams for conveyance or 
     irrigation water or return water;'';
       (vi) in subparagraph (E) (as redesignated by clause (iv)), 
     by striking ``ground water'' and inserting ``groundwater 
     recharge and'';
       (vii) in subparagraph (G) (as redesignated by clause (iv)), 
     by inserting ``or transfer'' after ``purchase''; and
       (viii) in subparagraph (H) (as redesignated by clause 
     (iv)), by inserting ``stream processes and'' before ``stream 
     habitats'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the Taneum Creek study'' and inserting ``studies under this 
     subsection'';
       (ii) in subparagraph (B)--

       (I) by striking ``and economic'' and inserting ``, 
     infrastructure, economic, and land use''; and
       (II) by striking ``and'' at the end;

       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) any related studies already underway or 
     undertaken.''; and
       (C) in paragraph (3), in the first sentence, by inserting 
     ``of each tributary or group of tributaries'' after 
     ``study'';
       (4) in subsection (c)--
       (A) in the heading, by inserting ``and nonsurface storage'' 
     after ``nonstorage''; and
       (B) in the matter preceding paragraph (1), by inserting 
     ``and nonsurface storage'' after ``nonstorage'';
       (5) by striking subsection (d);
       (6) by redesignating subsection (e) as subsection (d); and
       (7) in paragraph (2) of subsection (d) (as so 
     redesignated)--
       (A) in the first sentence--
       (i) by inserting ``and implementation'' after 
     ``investigation'';
       (ii) by striking ``other'' before ``Yakima River''; and
       (iii) by inserting ``and other water supply entities'' 
     after ``owners''; and
       (B) by striking the second sentence.
       (e) Chandler Pumping Plant and Powerplant-operations at 
     Prosser Diversion Dam.--Section 1208(d) of Public Law 103-434 
     (108 Stat. 4562; 114 Stat. 1425) is amended by inserting 
     ``negatively'' before ``affected''.
       (f) Interim Comprehensive Basin Operating Plan.--Section 
     1210(c) of Public Law 103-434 (108 Stat. 4564) is amended by 
     striking ``$100,000'' and inserting ``$200,000''.
       (g) Environmental Compliance.--Section 1211 of Public Law 
     103-434 (108 Stat. 4564) is amended by striking 
     ``$2,000,000'' and inserting ``$5,000,000''.

     SEC. 6325. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN 
                   WATER ENHANCEMENT PROJECT.

       Title XII of Public Law 103-434 (108 Stat. 4550) is amended 
     by adding at the end the following:

     ``SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE 
                   III OF YAKIMA RIVER BASIN WATER ENHANCEMENT 
                   PROJECT.

       ``(a) Integrated Plan.--
       ``(1) In general.--The Secretary shall implement the 
     Integrated Plan as Phase III of the Yakima River Basin Water 
     Enhancement Project in accordance with this section and 
     applicable laws.
       ``(2) Initial development phase of the integrated plan.--
       ``(A) In general.--The Secretary, in coordination with the 
     State of Washington and Yakama Nation and subject to 
     feasibility studies, environmental reviews, and the 
     availability of appropriations, shall implement an initial 
     development phase of the Integrated Plan, to--
       ``(i) complete the planning, design, and construction or 
     development of upstream and downstream fish passage 
     facilities, as previously authorized by the Hoover Power

[[Page S525]]

     Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum 
     Reservoir and another Yakima Project reservoir identified by 
     the Secretary as consistent with the Integrated Plan, subject 
     to the condition that, if the Yakima Project reservoir 
     identified by the Secretary contains a hydropower project 
     licensed by the Federal Energy Regulatory Commission, the 
     Secretary shall cooperate with the Federal Energy Regulatory 
     Commission in a timely manner to ensure that actions taken by 
     the Secretary are consistent with the applicable hydropower 
     project license;
       ``(ii) negotiate long-term agreements with participating 
     proratable irrigation entities in the Yakima Basin and, 
     acting through the Bureau of Reclamation, coordinate between 
     Bureaus of the Department of the Interior and with the heads 
     of other Federal agencies to negotiate agreements concerning 
     leases, easements, and rights-of-way on Federal land, and 
     other terms and conditions determined to be necessary to 
     allow for the non-Federal financing, construction, operation, 
     and maintenance of--

       ``(I) new facilities needed to access and deliver inactive 
     storage in Lake Kachess for the purpose of providing drought 
     relief for irrigation (known as the `Kachess Drought Relief 
     Pumping Plant'); and
       ``(II) a conveyance system to allow transfer of water 
     between Keechelus Reservoir to Kachess Reservoir for purposes 
     of improving operational flexibility for the benefit of both 
     fish and irrigation (known as the `K to K Pipeline');

       ``(iii) participate in, provide funding for, and accept 
     non-Federal financing for--

       ``(I) water conservation projects, not subject to the 
     provisions of the Basin Conservation Program described in 
     section 1203, that are intended to partially implement the 
     Integrated Plan by providing 85,000 acre-feet of conserved 
     water to improve tributary and mainstem stream flow; and
       ``(II) aquifer storage and recovery projects;

       ``(iv) study, evaluate, and conduct feasibility analyses 
     and environmental reviews of fish passage, water supply 
     (including groundwater and surface water storage), 
     conservation, habitat restoration projects, and other 
     alternatives identified as consistent with the purposes of 
     this Act, for the initial and future phases of the Integrated 
     Plan;
       ``(v) coordinate with and assist the State of Washington in 
     implementing a robust water market to enhance water 
     management in the Yakima River basin, including--

       ``(I) assisting in identifying ways to encourage and 
     increase the use of, and reduce the barriers to, water 
     transfers, leasing, markets, and other voluntary transactions 
     among public and private entities in the Yakima River basin;
       ``(II) providing technical assistance, including scientific 
     data and market information; and
       ``(III) negotiating agreements that would facilitate 
     voluntary water transfers between entities, including as 
     appropriate, the use of federally managed infrastructure; and

       ``(vi) enter into cooperative agreements with, or, subject 
     to a minimum non-Federal cost-sharing requirement of 50 
     percent, make grants to, the Yakama Nation, the State of 
     Washington, Yakima River basin irrigation districts, water 
     districts, conservation districts, other local governmental 
     entities, nonprofit organizations, and land owners to carry 
     out this title under such terms and conditions as the 
     Secretary may require, including the following purposes:

       ``(I) Land and water transfers, leases, and acquisitions 
     from willing participants, so long as the acquiring entity 
     shall hold title and be responsible for any and all required 
     operations, maintenance, and management of that land and 
     water.
       ``(II) To combine or relocate diversion points, remove fish 
     barriers, or for other activities that increase flows or 
     improve habitat in the Yakima River and its tributaries in 
     furtherance of this title.
       ``(III) To implement, in partnership with Federal and non-
     Federal entities, projects to enhance the health and 
     resilience of the watershed.

       ``(B) Commencement date.--The Secretary shall commence 
     implementation of the activities included under the initial 
     development phase pursuant to this paragraph--
       ``(i) on the date of enactment of this section; and
       ``(ii) on completion of applicable feasibility studies, 
     environmental reviews, and cost-benefit analyses that include 
     favorable recommendations for further project development.
       ``(3) Intermediate and final phases.--
       ``(A) In general.--The Secretary, in coordination with the 
     State of Washington and in consultation with the Yakama 
     Nation, shall develop plans for intermediate and final 
     development phases of the Integrated Plan to achieve the 
     purposes of this Act, including conducting applicable 
     feasibility studies, environmental reviews, and other 
     relevant studies needed to develop the plans.
       ``(B) Intermediate phase.--The Secretary shall develop an 
     intermediate development phase to implement the Integrated 
     Plan that, subject to authorization and appropriation, would 
     commence not later than 10 years after the date of enactment 
     of this section.
       ``(C) Final phase.--The Secretary shall develop a final 
     development phase to implement the Integrated Plan that, 
     subject to authorization and appropriation, would commence 
     not later than 20 years after the date of enactment of this 
     section.
       ``(4) Contingencies.--The implementation by the Secretary 
     of projects and activities identified for implementation 
     under the Integrated Plan shall be--
       ``(A) subject to authorization and appropriation;
       ``(B) contingent on the completion of applicable 
     feasibility studies, environmental reviews, and cost-benefit 
     analyses that include favorable recommendations for further 
     project development;
       ``(C) implemented on public review and a determination by 
     the Secretary that design, construction, and operation of a 
     proposed project or activity is in the best interest of the 
     public; and
       ``(D) in compliance with all applicable laws, including the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq).
       ``(5) Progress report.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this section, the Secretary, in conjunction with 
     the State of Washington and in consultation with the Yakama 
     Nation, shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a progress report 
     on the development and implementation of the Integrated Plan.
       ``(B) Requirements.--The progress report under this 
     paragraph shall--
       ``(i) provide a review and reassessment, if needed, of the 
     objectives of the Integrated Plan, as applied to all elements 
     of the Integrated Plan;
       ``(ii) assess, through performance metrics developed at the 
     initiation of, and measured throughout the implementation of, 
     the Integrated Plan, the degree to which the implementation 
     of the initial development phase addresses the objectives and 
     all elements of the Integrated Plan;
       ``(iii) identify the amount of Federal funding and non-
     Federal contributions received and expended during the period 
     covered by the report;
       ``(iv) describe the pace of project development during the 
     period covered by the report;
       ``(v) identify additional projects and activities proposed 
     for inclusion in any future phase of the Integrated Plan to 
     address the objectives of the Integrated Plan, as applied to 
     all elements of the Integrated Plan; and
       ``(vi) for water supply projects--

       ``(I) provide a preliminary discussion of the means by 
     which--

       ``(aa) water and costs associated with each recommended 
     project would be allocated among authorized uses; and
       ``(bb) those allocations would be consistent with the 
     objectives of the Integrated Plan; and

       ``(II) establish a plan for soliciting and formalizing 
     subscriptions among individuals and entities for 
     participation in any of the recommended water supply projects 
     that will establish the terms for participation, including 
     fiscal obligations associated with subscription.

       ``(b) Financing, Construction, Operation, and Maintenance 
     of Kachess Drought Relief Pumping Plant and K to K 
     Pipeline.--
       ``(1) Agreements.--Long-term agreements negotiated between 
     the Secretary and participating proratable irrigation 
     entities in the Yakima Basin for the non-Federal financing, 
     construction, operation, and maintenance of the Drought 
     Relief Pumping Plant and K to K Pipeline shall include 
     provisions regarding--
       ``(A) responsibilities of the participating proratable 
     irrigation entities for the planning, design, and 
     construction of infrastructure in consultation and 
     coordination with the Secretary;
       ``(B) property titles and responsibilities of the 
     participating proratable irrigation entities for the 
     maintenance of and liability for all infrastructure 
     constructed under this title;
       ``(C) operation and integration of the projects by the 
     Secretary in the operation of the Yakima Project;
       ``(D) costs associated with the design, financing, 
     construction, operation, maintenance, and mitigation of 
     projects, with the costs of Federal oversight and review to 
     be nonreimbursable to the participating proratable irrigation 
     entities and the Yakima Project; and
       ``(E) responsibilities for the pumping and operational 
     costs necessary to provide the total water supply available 
     made inaccessible due to drought pumping during the preceding 
     1 or more calendar years, in the event that the Kachess 
     Reservoir fails to refill as a result of pumping drought 
     storage water during the preceding 1 or more calendar years, 
     which shall remain the responsibility of the participating 
     proratable irrigation entities.
       ``(2) Use of kachess reservoir stored water.--
       ``(A) In general.--The additional stored water made 
     available by the construction of facilities to access and 
     deliver inactive storage in Kachess Reservoir under 
     subsection (a)(2)(A)(ii)(I) shall--
       ``(i) be considered to be Yakima Project water;
       ``(ii) not be part of the total water supply available, as 
     that term is defined in various court rulings; and
       ``(iii) be used exclusively by the Secretary--

       ``(I) to enhance the water supply in years when the total 
     water supply available is not sufficient to provide 70 
     percent of proratable entitlements in order to make that 
     additional water available up to 70 percent of

[[Page S526]]

     proratable entitlements to the Kittitas Reclamation District, 
     the Roza Irrigation District, or other proratable irrigation 
     entities participating in the construction, operation, and 
     maintenance costs of the facilities under this title under 
     such terms and conditions to which the districts may agree, 
     subject to the conditions that--

       ``(aa) the Bureau of Indian Affairs, the Wapato Irrigation 
     Project, and the Yakama Nation, on an election to 
     participate, may also obtain water from Kachess Reservoir 
     inactive storage to enhance applicable existing irrigation 
     water supply in accordance with such terms and conditions to 
     which the Bureau of Indian Affairs and the Yakama Nation may 
     agree; and
       ``(bb) the additional supply made available under this 
     clause shall be available to participating individuals and 
     entities in proportion to the proratable entitlements of the 
     participating individuals and entities, or in such other 
     proportion as the participating entities may agree; and

       ``(II) to facilitate reservoir operations in the reach of 
     the Yakima River between Keechelus Dam and Easton Dam for the 
     propagation of anadromous fish.

       ``(B) Effect of paragraph.--Nothing in this paragraph 
     affects (as in existence on the date of enactment of this 
     section) any contract, law (including regulations) relating 
     to repayment costs, water right, or Yakama Nation treaty 
     right.
       ``(3) Commencement.--The Secretary shall not commence 
     entering into agreements pursuant to subsection (a)(2)(A)(ii) 
     or subsection (b)(1) or implementing any activities pursuant 
     to the agreements before the date on which--
       ``(A) all applicable and required feasibility studies, 
     environmental reviews, and cost-benefit analyses have been 
     completed and include favorable recommendations for further 
     project development, including an analysis of--
       ``(i) the impacts of the agreements and activities 
     conducted pursuant to subsection (a)(2)(A)(ii) on adjacent 
     communities, including potential fire hazards, water access 
     for fire districts, community and homeowner wells, future 
     water levels based on projected usage, recreational values, 
     and property values; and
       ``(ii) specific options and measures for mitigating the 
     impacts, as appropriate;
       ``(B) the Secretary has made the agreements and any 
     applicable project designs, operations plans, and other 
     documents available for public review and comment in the 
     Federal Register for a period of not less than 60 days; and
       ``(C) the Secretary has made a determination, consistent 
     with applicable law, that the agreements and activities to 
     which the agreements relate--
       ``(i) are in the public interest; and
       ``(ii) could be implemented without significant adverse 
     impacts to the environment.
       ``(4) Electrical power associated with kachess drought 
     relief pumping plant.--
       ``(A) In general.--The Administrator of the Bonneville 
     Power Administration, pursuant to the Pacific Northwest 
     Electric Power Planning and Conservation Act (16 U.S.C. 839 
     et seq.), shall provide to the Secretary project power to 
     operate the Kachess Pumping Plant constructed under this 
     title if inactive storage in Kachess Reservoir is needed to 
     provide drought relief for irrigation, subject to the 
     requirements of subparagraphs (B) and (C).
       ``(B) Determination.--Power may be provided under 
     subparagraph (A) only if--
       ``(i) there is in effect a drought declaration issued by 
     the State of Washington;
       ``(ii) there are conditions that have led to 70 percent or 
     less water delivery to proratable irrigation districts, as 
     determined by the Secretary; and
       ``(iii) the Secretary determines that it is appropriate to 
     provide power under that subparagraph.
       ``(C) Period of availability.--Power under subparagraph (A) 
     shall be provided until the date on which the Secretary 
     determines that power should no longer be provided under that 
     subparagraph, but for not more than a 1-year period or the 
     period during which the Secretary determines that drought 
     mitigation measures are necessary in the Yakima River basin.
       ``(D) Rate.--The Administrator of the Bonneville Power 
     Administration shall provide power under subparagraph (A) at 
     the then-applicable lowest Bonneville Power Administration 
     rate for public body, cooperative, and Federal agency 
     customers firm obligations, which as of the date of enactment 
     of this section is the priority firm Tier 1 rate, and shall 
     not include any irrigation discount.
       ``(E) Local provider.--During any period in which power is 
     not being provided under subparagraph (A), the power needed 
     to operate the Kachess Pumping Plant shall be obtained by the 
     Secretary from a local provider.
       ``(F) Costs.--The cost of power for such pumping, station 
     service power, and all costs of transmitting power from the 
     Federal Columbia River Power System to the Yakima Enhancement 
     Project pumping facilities shall be borne by irrigation 
     districts receiving the benefits of that water.
       ``(G) Duties of commissioner.--The Commissioner of 
     Reclamation shall be responsible for arranging transmission 
     for deliveries of Federal power over the Bonneville system 
     through applicable tariff and business practice processes of 
     the Bonneville system and for arranging transmission for 
     deliveries of power obtained from a local provider.
       ``(c) Design and Use of Groundwater Recharge Projects.--
       ``(1) In general.--Any water supply that results from an 
     aquifer storage and recovery project shall not be considered 
     to be a part of the total water supply available if--
       ``(A) the water for the aquifer storage and recovery 
     project would not be available for use, but instead for the 
     development of the project;
       ``(B) the aquifer storage and recovery project will not 
     otherwise impair any water supply available for any 
     individual or entity entitled to use the total water supply 
     available; and
       ``(C) the development of the aquifer storage and recovery 
     project will not impair fish or other aquatic life in any 
     localized stream reach.
       ``(2) Project types.--The Secretary may provide technical 
     assistance for, and participate in, any of the following 3 
     types of groundwater recharge projects (including the 
     incorporation of groundwater recharge projects into Yakima 
     Project operations, as appropriate):
       ``(A) Aquifer recharge projects designed to redistribute 
     Yakima Project water within a water year for the purposes of 
     supplementing stream flow during the irrigation season, 
     particularly during storage control, subject to the condition 
     that if such a project is designed to supplement a mainstem 
     reach, the water supply that results from the project shall 
     be credited to instream flow targets, in lieu of using the 
     total water supply available to meet those targets.
       ``(B) Aquifer storage and recovery projects that are 
     designed, within a given water year or over multiple water 
     years--
       ``(i) to supplement or mitigate for municipal uses;
       ``(ii) to supplement municipal supply in a subsurface 
     aquifer; or
       ``(iii) to mitigate the effect of groundwater use on 
     instream flow or senior water rights.
       ``(C) Aquifer storage and recovery projects designed to 
     supplement existing irrigation water supply, or to store 
     water in subsurface aquifers, for use by the Kittitas 
     Reclamation District, the Roza Irrigation District, or any 
     other proratable irrigation entity participating in the 
     repayment of the construction, operation, and maintenance 
     costs of the facilities under this section during years in 
     which the total water supply available is insufficient to 
     provide to those proratable irrigation entities all water to 
     which the entities are entitled, subject to the conditions 
     that--
       ``(i) the Bureau of Indian Affairs, the Wapato Irrigation 
     Project, and the Yakama Nation, on an election to 
     participate, may also obtain water from aquifer storage to 
     enhance applicable existing irrigation water supply in 
     accordance with such terms and conditions to which the Bureau 
     of Indian Affairs and the Yakama Nation may agree; and
       ``(ii) nothing in this subparagraph affects (as in 
     existence on the date of enactment of this section) any 
     contract, law (including regulations) relating to repayment 
     costs, water right, or Yakama Nation treaty right.
       ``(d) Federal Cost-share.--
       ``(1) In general.--The Federal cost-share of a project 
     carried out under this section shall be determined in 
     accordance with the applicable laws (including regulations) 
     and policies of the Bureau of Reclamation.
       ``(2) Initial phase.--The Federal cost-share for the 
     initial development phase of the Integrated Plan shall not 
     exceed 50 percent of the total cost of the initial 
     development phase.
       ``(3) State and other contributions.--The Secretary may 
     accept as part of the non-Federal cost-share of a project 
     carried out under this section, and expend as if 
     appropriated, any contribution (including in-kind services) 
     by the State of Washington or any other individual or entity 
     that the Secretary determines will enhance the conduct and 
     completion of the project.
       ``(4) Limitation on use of other federal funds.--Except as 
     otherwise provided in this title, other Federal funds may not 
     be used to provide the non-Federal cost-share of a project 
     carried out under this section.
       ``(e) Savings and Contingencies.--Nothing in this section 
     shall--
       ``(1) be a new or supplemental benefit for purposes of the 
     Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
       ``(2) affect any contract in existence on the date of 
     enactment of the Yakima River Basin Water Enhancement Project 
     Phase III Act of 2016 that was executed pursuant to the 
     reclamation laws;
       ``(3) affect any contract or agreement between the Bureau 
     of Indian Affairs and the Bureau of Reclamation;
       ``(4) affect, waive, abrogate, diminish, define, or 
     interpret the treaty between the Yakama Nation and the United 
     States; or
       ``(5) constrain the continued authority of the Secretary to 
     provide fish passage in the Yakima Basin in accordance with 
     the Hoover Power Plant Act of 1984 (43 U.S.C 619 et seq.).

     ``SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.

       ``The Secretary shall retain authority and discretion over 
     the management of project supplies to optimize operational 
     use and flexibility to ensure compliance with all applicable 
     Federal and State laws, treaty rights of the Yakama Nation, 
     and legal obligations, including those contained in this Act. 
     That authority and discretion includes

[[Page S527]]

     the ability of the United States to store, deliver, conserve, 
     and reuse water supplies deriving from projects authorized 
     under this title.''.

                PART IV--RESERVOIR OPERATION IMPROVEMENT

     SEC. 6331. RESERVOIR OPERATION IMPROVEMENT.

       (a) Definitions.--In this section:
       (1) Reserved works.--The term ``reserved works'' means any 
     Bureau of Reclamation project facility at which the Secretary 
     of the Interior carries out the operation and maintenance of 
     the project facility.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (3) Transferred works.--The term ``transferred works'' 
     means a Bureau of Reclamation project facility, the operation 
     and maintenance of which is carried out by a non-Federal 
     entity, under the provisions of a formal operation and 
     maintenance transfer contract.
       (4) Transferred works operating entity.--The term 
     ``transferred works operating entity'' means the organization 
     that is contractually responsible for operation and 
     maintenance of transferred works.
       (b) Report.--Not later than 360 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, the Committee on Environment and Public 
     Works of the Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     including, for any State in which a county designated by the 
     Secretary of Agriculture as a drought disaster area during 
     water year 2015 is located, a list of projects, including 
     Corps of Engineers projects, and those non-Federal projects 
     and transferred works that are operated for flood control in 
     accordance with rules prescribed by the Secretary pursuant to 
     section 7 of the Act of December 22, 1944 (commonly known as 
     the ``Flood Control Act of 1944'') (58 Stat. 890, chapter 
     665), including, as applicable--
       (1) the year the original water control manual was 
     approved;
       (2) the year for any subsequent revisions to the water 
     control plan and manual of the project;
       (3) a list of projects for which--
       (A) operational deviations for drought contingency have 
     been requested;
       (B) the status of the request; and
       (C) a description of how water conservation and water 
     quality improvements were addressed; and
       (4) a list of projects for which permanent or seasonal 
     changes to storage allocations have been requested, and the 
     status of the request.
       (c) Project Identification.--Not later than 60 days after 
     the date of completion of the report under subsection (b), 
     the Secretary shall identify any projects described in the 
     report--
       (1) for which the modification of the water operations 
     manuals, including flood control rule curve, would be likely 
     to enhance existing authorized project purposes, including 
     for water supply benefits and flood control operations;
       (2) for which the water control manual and 
     hydrometeorological information establishing the flood 
     control rule curves of the project have not been 
     substantially revised during the 15-year period ending on the 
     date of review by the Secretary; and
       (3) for which the non-Federal sponsor or sponsors of a 
     Corps of Engineers project, the owner of a non-Federal 
     project, or the non-Federal transferred works operating 
     entity, as applicable, has submitted to the Secretary a 
     written request to revise water operations manuals, including 
     flood control rule curves, based on the use of improved 
     weather forecasting or run-off forecasting methods, new 
     watershed data, changes to project operations, or structural 
     improvements.
       (d) Pilot Projects.--
       (1) In general.--Not later than 1 year after the date of 
     identification of projects under subsection (c), if any, the 
     Secretary shall carry out not fewer than 15 pilot projects, 
     which shall include not less than 6 non-Federal projects, to 
     implement revisions of water operations manuals, including 
     flood control rule curves, based on the best available 
     science, which may include--
       (A) forecast-informed operations;
       (B) new watershed data; and
       (C) if applicable, in the case of non-Federal projects, 
     structural improvements.
       (2) Consultation.--In implementing a pilot project under 
     this subsection, the Secretary shall consult with all 
     affected interests, including--
       (A) non-Federal entities responsible for operations and 
     maintenance costs of a Federal facility;
       (B) individuals and entities with storage entitlements; and
       (C) local agencies with flood control responsibilities 
     downstream of a facility.
       (e) Coordination With Non-federal Project Entities.--If a 
     project identified under subsection (c) is--
       (1) a non-Federal project, the Secretary, prior to carrying 
     out an activity under this section, shall--
       (A) consult with the non-Federal project owner; and
       (B) enter into a cooperative agreement, memorandum of 
     understanding, or other agreement with the non-Federal 
     project owner describing the scope and goals of the activity 
     and the coordination among the parties; and
       (2) a Federal project, the Secretary, prior to carrying out 
     an activity under this section, shall--
       (A) consult with each Federal and non-Federal entity 
     (including a municipal water district, irrigation district, 
     joint powers authority, transferred works operating entity, 
     or other local governmental entity) that currently--
       (i) manages (in whole or in part) a Federal dam or 
     reservoir; or
       (ii) is responsible for operations and maintenance costs; 
     and
       (B) enter into a cooperative agreement, memorandum of 
     understanding, or other agreement with each such entity 
     describing the scope and goals of the activity and the 
     coordination among the parties.
       (f) Consideration.--In designing and implementing a 
     forecast-informed reservoir operations plan under subsection 
     (d) or (g), the Secretary may consult with the appropriate 
     agencies within the Department of the Interior and the 
     Department of Commerce with expertise in atmospheric, 
     meteorological, and hydrologic science to consider--
       (1) the relationship between ocean and atmospheric 
     conditions, including--
       (A) the El Nino and La Nina cycles; and
       (B) the potential for above-normal, normal, and below-
     normal rainfall for the coming water year, including 
     consideration of atmospheric river forecasts;
       (2) the precipitation and runoff index specific to the 
     basin and watershed of the relevant dam or reservoir, 
     including incorporating knowledge of hydrological and 
     meteorological conditions that influence the timing and 
     quantity of runoff;
       (3) improved hydrologic forecasting for precipitation, 
     snowpack, and soil moisture conditions;
       (4) an adjustment of operational flood control rule curves 
     to optimize water supply storage and reliability, hydropower 
     production, environmental benefits for flows and temperature, 
     and other authorized project benefits, without a reduction in 
     flood safety; and
       (5) proactive management in response to changes in 
     forecasts.
       (g) Funding.--The Secretary may accept and expend amounts 
     from non-Federal entities and other Federal agencies to fund 
     all or a portion of the cost of carrying out a review or 
     revision of operational documents, including water control 
     plans, water control manuals, water control diagrams, release 
     schedules, rule curves, operational agreements with non-
     Federal entities, and any associated environmental 
     documentation for--
       (1) a Corps of Engineers project;
       (2) a non-Federal project regulated for flood control by 
     the Secretary; or
       (3) a Bureau of Reclamation transferred works regulated for 
     flood control by the Secretary.
       (h) Effect.--
       (1) Manual revisions.--A revision of a manual shall not 
     interfere with the authorized purposes of a Federal project 
     or the existing purposes of a non-Federal project regulated 
     for flood control by the Secretary.
       (2) Effect of section.--
       (A) Nothing in this section authorizes the Secretary to 
     carry out, at a Federal dam or reservoir, any project or 
     activity for a purpose not otherwise authorized as of the 
     date of enactment of this Act.
       (B) Nothing in this section affects or modifies any 
     obligation of the Secretary under State law.
       (3) Bureau of reclamation reserved works excluded.--This 
     section--
       (A) shall not apply to any dam or reservoir operated by the 
     Bureau of Reclamation as a reserved work, unless all non-
     Federal project sponsors of a reserved work jointly provide 
     to the Secretary a written request for application of this 
     section to the project; and
       (B) shall apply only to Bureau of Reclamation transferred 
     works at the written request of the transferred works 
     operating entity.
       (i) Modifications to Manuals and Curves.--Not later than 
     180 days after the date of completion of a modification to an 
     operations manual or flood control rule curve, the Secretary 
     shall submit to the Congress a report regarding the 
     components of the forecast-based reservoir operations plan 
     incorporated into the change.

                     PART V--HYDROELECTRIC PROJECTS

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

       (a) Definitions.--In this section:
       (1) Terror lake hydroelectric project.--The term ``Terror 
     Lake Hydroelectric Project'' means the project identified in 
     section 1325 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3212), and which is Federal 
     Energy Regulatory Commission project number 2743.
       (2) Upper hidden basin diversion expansion.--The term 
     ``Upper Hidden Basin Diversion Expansion'' means the 
     expansion of the Terror Lake Hydroelectric Project as 
     generally described in Exhibit E to the Upper Hidden Basin 
     Grant Application dated July 2, 2014 and submitted to the 
     Alaska Energy Authority Renewable Energy Fund Round VIII by 
     Kodiak Electric Association, Inc.
       (b) Authorization.--The licensee for the Terror Lake 
     Hydroelectric Project may occupy not more than 20 acres of 
     Federal land to construct, operate, and maintain the Upper 
     Hidden Basin Diversion Expansion without further 
     authorization of the Secretary of the Interior or under the 
     Alaska

[[Page S528]]

     National Interest Lands Conservation Act (16 U.S.C. 3101 et 
     seq.).
       (c) Savings Clause.--The Upper Hidden Basin Diversion 
     Expansion shall be subject to appropriate terms and 
     conditions included in an amendment to a license issued by 
     the Federal Energy Regulatory Commission pursuant to the 
     Federal Power Act (16 U.S.C. 791a et seq.), including section 
     4(e) of that Act (16 U.S.C. 797(e)), following an 
     environmental review by the Commission under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

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

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) License.--The term ``license'' means the license for 
     Commission project number 11393.
       (3) Licensee.--The term ``licensee'' means the holder of 
     the license.
       (b) Stay of License.--On the request of the licensee, the 
     Commission shall issue an order continuing the stay of the 
     license.
       (c) Lifting of Stay.--On the request of the licensee, but 
     not later than 10 years after the date of enactment of this 
     Act, the Commission shall--
       (1) issue an order lifting the stay of the license under 
     subsection (b); and
       (2) make the effective date of the license the date on 
     which the stay is lifted under paragraph (1).
       (d) Extension of License.--On the request of the licensee 
     and notwithstanding the time period specified in section 13 
     of the Federal Power Act (16 U.S.C. 806) for commencement of 
     construction of the project subject to the license, the 
     Commission shall, after reasonable notice and in accordance 
     with the good faith, due diligence, and public interest 
     requirements of that section, extend the time period during 
     which the licensee is required to commence the construction 
     of the project for not more than 3 consecutive 2-year 
     periods, notwithstanding any other provision of law.
       (e) Effect.--Nothing in this section prioritizes, or 
     creates any advantage or disadvantage to, Commission project 
     number 11393 under Federal law, including the Federal Power 
     Act (16 U.S.C. 791a et seq.) or the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.), as compared 
     to--
       (1) any electric generating facility in existence on the 
     date of enactment of this Act; or
       (2) any electric generating facility that may be examined, 
     proposed, or developed during the period of any stay or 
     extension of the license under this section.

     SEC. 6343. EXTENSION OF DEADLINE FOR HYDROELECTRIC PROJECT.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission (referred to in this section as the 
     ``Commission'') project numbered 12642, the Commission may, 
     at the request of the licensee for the project, and after 
     reasonable notice, in accordance with the good faith, due 
     diligence, and public interest requirements of that section 
     and the procedures of the Commission under that section, 
     extend the time period during which the licensee is required 
     to commence the construction of the project for up to 3 
     consecutive 2-year periods from the date of the expiration of 
     the extension originally issued by the Commission.
       (b) Reinstatement of Expired License.--If the period 
     required for commencement of construction of the project 
     described in subsection (a) has expired prior to the date of 
     enactment of this Act--
       (1) the Commission shall reinstate the license effective as 
     of the date of the expiration of the license; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on that expiration date.

     SEC. 6344. EXTENSION OF DEADLINE FOR CERTAIN OTHER 
                   HYDROELECTRIC PROJECTS.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission (referred to in this section as the 
     ``Commission'') projects numbered 12737 and 12740, the 
     Commission may, at the request of the licensee for the 
     applicable project, and after reasonable notice, in 
     accordance with the good faith, due diligence, and public 
     interest requirements of that section and the procedures of 
     the Commission under that section, extend the time period 
     during which the licensee is required to commence the 
     construction of the applicable project for up to 3 
     consecutive 2-year periods from the date of the expiration of 
     the extension originally issued by the Commission.
       (b) Reinstatement of Expired License.--If the period 
     required for commencement of construction of a project 
     described in subsection (a) has expired prior to the date of 
     enactment of this Act--
       (1) the Commission may reinstate the license for the 
     applicable project effective as of the date of the expiration 
     of the license; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on that expiration.

     SEC. 6345. EQUUS BEDS DIVISION EXTENSION.

       Section 10(h) of Public Law 86-787 (74 Stat. 1026; 120 
     Stat. 1474) is amended by striking ``10 years'' and inserting 
     ``20 years''.

     SEC. 6346. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY 
                   COMMISSION PROJECT INVOLVING CANNONSVILLE DAM.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 13287, the Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission'') may, at the request of the licensee for the 
     project, and after reasonable notice, in accordance with the 
     good faith, due diligence, and public interest requirements 
     of that section and the procedures of the Commission under 
     that section, extend the time period during which the 
     licensee is required to commence construction of the project 
     for up to 4 consecutive 2-year periods after the required 
     date of the commencement of construction described in Article 
     301 of the license.
       (b) Reinstatement of Expired License.--
       (1) In general.--If the required date of the commencement 
     of construction described in subsection (a) has expired prior 
     to the date of enactment of this Act, the Commission may 
     reinstate the license effective as of that date of 
     expiration.
       (2) Extension.--If the Commission reinstates the license 
     under paragraph (1), the first extension authorized under 
     subsection (a) shall take effect on the date of that 
     expiration.

            PART VI--PUMPED STORAGE HYDROPOWER COMPENSATION

     SEC. 6351. PUMPED STORAGE HYDROPOWER COMPENSATION.

       Not later than 180 days after the date of enactment of this 
     Act, the Federal Energy Regulatory Commission shall initiate 
     a proceeding to identify and determine the market, 
     procurement, and cost recovery mechanisms that would--
       (1) encourage development of pumped storage hydropower 
     assets; and
       (2) properly compensate those assets for the full range of 
     services provided to the power grid, including--
       (A) balancing electricity supply and demand;
       (B) ensuring grid reliability; and
       (C) cost-effectively integrating intermittent power sources 
     into the grid.
                                 ______
                                 
  SA 3229. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. PROGRAM TO REDUCE THE POTENTIAL IMPACTS OF SOLAR 
                   ENERGY FACILITIES ON CERTAIN SPECIES.

       In carrying out a program of the Department relating to 
     solar energy or the conduct of solar energy projects using 
     funds provided by the Department, the Secretary shall 
     establish a program to undertake research that--
       (1) identifies baseline avian populations and mortality; 
     and
       (2) quantifies the impacts of solar energy projects on 
     birds, as compared to other threats to birds.
                                 ______
                                 
  SA 3230. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 23__. ESTABLISHMENT OF STRATEGIC TRANSFORMER RESERVE.

       Section 61004 of the Fixing America's Surface 
     Transportation Act (Public Law 114-94) is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (O), by striking ``and'' at the end;
       (B) by redesignating subparagraph (P) as subparagraph (Q); 
     and
       (C) by inserting after subparagraph (O) the following:
       ``(P) ways in which to prioritize the use of domestically 
     sourced materials in manufacturing the components of the 
     Strategic Transformer Reserve; and'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Establishment.--On or after the date that is 180 days 
     after the date on which the Strategic Transformer Reserve 
     plan is submitted to Congress under subsection (c)(1), the 
     Secretary may establish a Strategic Transformer Reserve in 
     accordance with the Strategic Transformer Reserve plan.''.
                                 ______
                                 
  SA 3231. Mr. HELLER (for himself and Mr. Reed) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and

[[Page S529]]

for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 23__. CONSIDERATION OF ENERGY STORAGE SYSTEMS.

       (a) In General.--Section 111(d) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is 
     amended by adding at the end the following:
       ``(20) Consideration of energy storage systems.--Each State 
     shall consider requiring that, as part of a supply side 
     resource planning process, an electric utility of the State 
     demonstrate to the State that the electric utility considered 
     an investment in energy storage systems based on appropriate 
     factors, including--
       ``(A) total costs and normalized life-cycle costs;
       ``(B) cost-effectiveness;
       ``(C) improved reliability;
       ``(D) security; and
       ``(E) system performance and efficiency.''.
       (b) Time Limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding at the end the following:
       ``(7)(A) Not later than 1 year after enactment of this 
     paragraph, each State regulatory authority (with respect to 
     each electric utility for which the State regulatory 
     authority has ratemaking authority) and each nonregulated 
     utility shall commence the consideration referred to in 
     section 111, or set a hearing date for consideration, with 
     respect to the standard established by paragraph (20) of 
     section 111(d).
       ``(B) Not later than 2 years after the date of enactment of 
     this paragraph, each State regulatory authority (with respect 
     to each electric utility for which the State regulatory 
     authority has ratemaking authority), and each nonregulated 
     electric utility, shall complete the consideration, and shall 
     make the determination, referred to in section 111 with 
     respect to the standard established by paragraph (20) of 
     section 111(d).''.
       (c) Failure to Comply.--Section 112(c) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) 
     is amended by adding at the end the following: ``In the case 
     of the standard established by paragraph (20) of section 
     111(d), the reference contained in this subsection to the 
     date of enactment of this Act shall be deemed to be a 
     reference to the date of enactment of that paragraph.''.
       (d) Prior State Actions.--Section 112(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) 
     is amended in the matter preceding paragraph (1) by striking 
     ``(19)'' and inserting ``(20)''.

                          ____________________