March 9, 2020 - Issue: Vol. 166, No. 45 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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TEXT OF AMENDMENTS; Congressional Record Vol. 166, No. 45
(Senate - March 09, 2020)
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[Pages S1628-S1640] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 1526. Mr. MERKLEY (for himself and Mr. Wyden) submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. KLAMATH BASIN WATER SUPPLY ENHANCEMENT ACT OF 2000 TECHNICAL CORRECTIONS. Section 4(b) of the Klamath Basin Water Supply Enhancement Act of 2000 (114 Stat. 2222; 132 Stat. 3887) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``Pursuant to the reclamation laws and subject'' and inserting ``Subject''; and (ii) by striking ``may'' and inserting ``is authorized to''; and (B) in subparagraph (A), by inserting ``, including conservation and efficiency measures, land idling, and use of groundwater,'' after ``administer programs''; (2) in paragraph (3)(A), by inserting ``and'' after the semicolon at the end; (3) by redesignating the second paragraph (4) (relating to the effect of the subsection) as paragraph (5); and (4) in paragraph (5) (as so redesignated)-- (A) by striking subparagraph (B); (B) in subparagraph (A), by striking ``; or'' and inserting a period; and (C) by striking ``the Secretary--'' and all that follows through ``to develop'' in subparagraph (A) and inserting ``the Secretary to develop''. ______ SA 1527. Mr. MENENDEZ (for himself and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 321, line 8, strike ``Secretary'' and all that follows through ``Secretary'' on page 322, line 2, and insert the following: ``Secretary, in consultation with the Secretary of State, shall carry out a program to develop bilateral collaboration initiatives with a variety of countries through-- ``(1) research and development agreements; ``(2) other relevant arrangements and action plan updates; and ``(3) maintaining existing multilateral cooperation commitments of-- ``(A) the International Framework for Nuclear Energy Cooperation; ``(B) the Generation IV International Forum; ``(C) the International Atomic Energy Agency; and ``(D) any other international collaborative effort with respect to advanced nuclear reactor operations and safety. ``(b) Subprogram.-- ``(1) In general.--In carrying out the program under subsection (a), the Secretary, in consultation with the Secretary of State, ______ SA 1528. Mr. MENENDEZ (for himself and Mr. Risch) submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 321, line 8, of the amendment, strike ``Secretary'' and all that follows through ``Secretary'' on page 322, line 2, and insert the following: ``Secretary, in consultation with the Secretary of State, shall carry out a program to develop bilateral collaboration initiatives with a variety of countries through-- ``(1) research and development agreements; ``(2) other relevant arrangements and action plan updates; and ``(3) maintaining existing multilateral cooperation commitments of-- ``(A) the International Framework for Nuclear Energy Cooperation; ``(B) the Generation IV International Forum; ``(C) the International Atomic Energy Agency; and ``(D) any other international collaborative effort with respect to advanced nuclear reactor operations and safety. ``(b) Subprogram.-- ``(1) In general.--In carrying out the program under subsection (a), the Secretary, in consultation with the Secretary of State, ______ SA 1529. Mr. WYDEN (for himself and Mr. Merkley) submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. OREGON RECREATION ENHANCEMENT. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to public land administered by the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to National Forest System land. (2) State.--The term ``State'' means the State of Oregon. (b) Rogue Canyon and Molalla Recreation Areas, Oregon.-- (1) Designation of rogue canyon and molalla recreation areas.--For the purposes of protecting, conserving, and enhancing the unique and nationally important recreational, ecological, scenic, cultural, watershed, and fish and wildlife values of the areas, the following areas in the State are designated as recreation areas for management by the Secretary in accordance with paragraph (3): (A) Rogue canyon recreation area.--The approximately 98,150 acres of Bureau of Land Management land within the boundary generally depicted as the ``Rogue Canyon Recreation Area'' on the map entitled ``Rogue Canyon Recreation Area Wild Rogue Wilderness Additions'' and dated November 19, 2019, which is designated as the ``Rogue Canyon Recreation Area''. (B) Molalla recreation area.--The approximately 29,884 acres of Bureau of Land Management land within the boundary generally depicted on the map entitled ``Molalla Recreation Area'' and dated September 26, 2018, which is designated as the ``Molalla Recreation Area''. (2) Maps and legal descriptions.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of each recreation area designated by paragraph (1). (B) Effect.--The maps and legal descriptions prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any minor errors in the maps and legal descriptions. (C) Public availability.--The maps and legal descriptions prepared under subparagraph (A) shall be available for public inspection in the appropriate offices of the Bureau of Land Management. [[Page S1629]] (3) Administration.-- (A) Applicable law.--The Secretary shall administer each recreation area designated by paragraph (1)-- (i) in a manner that conserves, protects, and enhances the purposes for which the recreation area is established; and (ii) in accordance with-- (I) this subsection; (II) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (III) other applicable laws. (B) Uses.--The Secretary shall only allow those uses of a recreation area designated by paragraph (1) that are consistent with the purposes for which the recreation area is established. (C) Wildfire risk assessment.--Not later than 280 days after the date of enactment of this Act, the Secretary, in consultation with the Oregon Governor's Council on Wildfire Response, shall conduct a wildfire risk assessment that covers-- (i) the recreation areas designated by paragraph (1); (ii) the Wild Rogue Wilderness; and (iii) any Federal land adjacent to an area described in clause (i) or (ii). (D) Wildfire mitigation plan.-- (i) In general.--Not later than 1 year after the date on which the wildfire risk assessment is conducted under subparagraph (C), the Secretary shall develop a wildfire mitigation plan, based on the wildfire risk assessment, that identifies, evaluates, and prioritizes treatments and other management activities that can be implemented on the Federal land covered by the wildfire risk assessment (other than Federal land designated as a unit of the National Wilderness Preservation System) to mitigate wildfire risk to communities located near the applicable Federal land. (ii) Plan components.--The wildfire mitigation plan developed under clause (i) shall include-- (I) vegetation management projects (including mechanical treatments to reduce hazardous fuels and improve forest health and resiliency); (II) evacuation routes for communities located near the applicable Federal land, which shall be developed in consultation with State and local fire agencies; and (III) strategies for public dissemination of emergency evacuation plans and routes. (iii) Applicable law.--The wildfire mitigation plan under clause (i) shall be developed in accordance with-- (I) this subsection; and (II) any other applicable law. (E) Road construction.-- (i) In general.--Except as provided in clause (ii) or as the Secretary determines necessary for public safety, no new permanent or temporary roads shall be constructed (other than the repair and maintenance of existing roads) within a recreation area designated by paragraph (1). (ii) Temporary roads.--Consistent with the purposes of this section, the Secretary may construct temporary roads within a recreation area designated by paragraph (1) to implement the wildfire mitigation plan developed under subparagraph (D), unless the temporary road would be within an area designated as a unit of the National Wilderness Preservation System. (iii) Effect.--Nothing in this subparagraph affects the administration by the Secretary of the Molalla Forest Road in accordance with applicable resource management plans. (F) Effect on wildfire management.--Nothing in this subsection alters the authority of the Secretary (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within a recreation area designated by paragraph (1), consistent with the purposes of this section. (G) Withdrawal.--Subject to valid existing rights, all Federal surface and subsurface land within a recreation area designated by paragraph (1) is withdrawn from all forms of-- (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials. (H) No effect on wilderness areas.--Any wilderness area located within a recreation area designated by paragraph (1) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). (4) Adjacent management.--Nothing in this subsection creates any protective perimeter or buffer zone around a recreation area designated by paragraph (1). (c) Expansion of Wild Rogue Wilderness Area.-- (1) Definitions.--In this subsection: (A) Map.--The term ``map'' means the map entitled ``Rogue Canyon Recreation Area Wild Rogue Wilderness Additions'' and dated November 19, 2019. (B) Wilderness additions.--The term ``Wilderness additions'' means the land added to the Wild Rogue Wilderness under paragraph (2)(A). (2) Expansion of wild rogue wilderness area.-- (A) Expansion.--The approximately 59,512 acres of Federal land in the State generally depicted on the map as ``Proposed Wilderness'' shall be added to and administered as part of the Wild Rogue Wilderness in accordance with the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public Law 95-237), except that-- (i) the Secretary of the Interior and the Secretary of Agriculture shall administer the Federal land under their respective jurisdiction; and (ii) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of Agriculture or the Secretary of the Interior, as applicable. (B) Map; legal description.-- (i) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the wilderness area designated by subparagraph (A). (ii) Force of law.--The map and legal description filed under clause (i) shall have the same force and effect as if included in this subsection, except that the Secretary may correct typographical errors in the map and legal description. (iii) Public availability.--The map and legal description filed under clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and Forest Service. (C) Fire, insects, and disease.--The Secretary may take such measures within the Wilderness additions as the Secretary determines to be necessary for the control of fire, insects, and disease, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)). (D) Withdrawal.--Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of-- (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral leasing, geothermal leasing, or mineral materials. (E) Tribal rights.--Nothing in this paragraph alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe. (d) Withdrawal of Federal Land, Curry County and Josephine County, Oregon.-- (1) Definitions.--In this subsection: (A) Eligible federal land.--The term ``eligible Federal land'' means-- (i) any federally owned land or interest in land depicted on the Maps as within the Hunter Creek and Pistol River Headwaters Withdrawal Proposal or the Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal; or (ii) any land or interest in land located within such withdrawal proposals that is acquired by the Federal Government after the date of enactment of this Act. (B) Maps.--The term ``Maps'' means-- (i) the Bureau of Land Management map entitled ``Hunter Creek and Pistol River Headwaters Withdrawal Proposal'' and dated January 12, 2015; and (ii) the Bureau of Land Management map entitled ``Rough and Ready and Baldface Creeks Mineral Withdrawal Proposal'' and dated January 12, 2015. (2) Withdrawal.--Subject to valid existing rights, the eligible Federal land is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation under the mineral leasing and geothermal leasing laws. (3) Availability of maps.--Not later than 30 days after the date of enactment of this Act, the Maps shall be made available to the public at each appropriate office of the Bureau of Land Management. (4) Existing uses not affected.--Except with respect to the withdrawal under paragraph (2), nothing in this subsection restricts recreational uses, hunting, fishing, forest management activities, or other authorized uses allowed on the date of enactment of this Act on the eligible Federal land in accordance with applicable law. ______ SA 1530. Mr. WYDEN (for himself, Mr. Merkley, and Mr. Bennet) submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE IV--MISCELLANEOUS SEC. 4001. PERMANENT AUTHORIZATION OF PAYMENT IN LIEU OF TAXES PROGRAM. Section 6906 of title 31, United States Code, is amended in the matter preceding paragraph (1) by striking ``fiscal year 2019'' and inserting ``each fiscal year''. ______ SA 1531. Mr. WYDEN (for himself and Mr. Merkley) submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end of title II, add the following: Subtitle D--Malheur Community Empowerment for the Owyhee SEC. 2401. DEFINITIONS. In this subtitle: [[Page S1630]] (1) Active management.--The term ``active management'' means those actions that are proposed or implemented-- (A) to address degraded or non-functioning resource conditions that would not improve without on-the-ground treatments; (B) to respond to specific, identified resource conditions described in subparagraph (A); and (C) to meet resource objectives and desired outcomes. (2) Adaptive management.--The term ``adaptive management'' means management based on a relationship between research and management practices in which management practices are developed and modified based on a recurring evaluation of data, collected on a recurring basis by and for the Monitoring Network, for the purpose of allowing timely reactions to changing conditions on Federal land-- (A) to achieve, retain, or improve the ecological health and functionality of the Federal land; and (B) to achieve desired future conditions on the Federal land. (3) Bureau.--The term ``Bureau'' means the Bureau of Land Management. (4) Center.--The term ``Center'' means the Native Seed Center established under section 2405(e)(1)(A). (5) Commissioner.--The term ``Commissioner'' means the Commissioner of Reclamation. (6) County.--The term ``County'' means Malheur County, Oregon. (7) Cultural.--The term ``cultural'' means relating to the sites, areas, or artifacts of, or traditional uses of land by, indigenous peoples. (8) Cultural resources.--The term ``cultural resources'' means-- (A) the sites, areas, and artifacts of indigenous peoples; and (B) the existing uses of land by indigenous peoples. (9) Ecological health.--The term ``ecological health'' means the ability of the ecological processes of an ecosystem to function in a manner that maintains the structure, composition, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant communities, habitats, and conditions that are sustainable through successional processes. (10) Federal land.-- (A) In general.--The term ``Federal land'' means all land in the County the title to which is held by the United States. (B) Exclusions.--The term ``Federal land'' does not include-- (i) any Forest Service land; or (ii) any land held in trust by the Bureau of Indian Affairs. (11) Invasive species.--The term ``invasive species'' means a species of nonnative aggressive plant with the potential to cause-- (A) significant damage to a native ecosystem; or (B) significant economic losses. (12) Loop road.-- (A) In general.--The term ``loop road'' means a route determined by the Malheur CEO Group that is managed and maintained by the Bureau and the County for the purpose of providing directed tourism and educational opportunities in the County. (B) Inclusion.--The term ``loop road'' includes each of the roads described in paragraphs (2) through (5) of section 2405(a). (13) Malheur ceo advisory committee.--The term ``Malheur CEO Advisory Committee'' means the Malheur Community Empowerment for Owyhee Group Advisory Committee established under section 2403(c)(7)(A). (14) Malheur ceo group.--The term ``Malheur CEO Group'' means the Malheur Community Empowerment for Owyhee Group established under section 2403(c)(1). (15) Monitoring data.-- (A) In general.--The term ``monitoring data'' means data that is-- (i) collected through a memorandum of understanding entered into under section 2403(e)(1); and (ii) provided to the Bureau at a frequency sufficient-- (I) to monitor the ecological functionality of Federal land subject to a programmatic environmental impact statement prepared under section 2403(a)(1); and (II) to use for adaptive management of that Federal land. (B) Inclusion.--The term ``monitoring data'' includes data in existence on the date of enactment of this Act. (16) Monitoring network.--The term ``Monitoring Network'' means the network of monitoring partners and protocols established under section 2403(e)(1), including the parties to, and protocols established under, each memorandum of understanding entered into under that section for the purpose of implementing adaptive management of the Federal land. (17) Native seed center establishment group.--The term ``Native Seed Center Establishment Group'' means the group established pursuant to the memorandum of understanding entered into under section 2405(e)(1)(B). (18) Passive management.--The term ``passive management'' means those actions that are proposed or implemented to address degraded or non-functioning resource conditions that are expected to improve without additional on-the-ground actions, such that resource objectives and desired outcomes are anticipated to be reached without additional human intervention. (19) Restoration area.--The term ``restoration area'' means an area of Federal land in need of active or passive management-- (A) to restore the ecological health of the area; or (B) to prevent the ecological degradation of the area from-- (i) demonstrably encroaching invasive species; or (ii) other threats. (20) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2402. PURPOSE AND OBJECTIVES. (a) Purpose.--The purpose of this subtitle is to promote the long-term ecological health of the Federal land to support communities and natural resources. (b) Objectives.-- (1) In general.--To further the purpose described in subsection (a), the Secretary shall manage the Federal land for the benefit of present and future generations-- (A) to support and grow local communities and economies; (B) to protect the cultural resources and western traditions for which the Federal land is known; (C) to maintain grazing on the Federal land-- (i) for the economic well-being of the County; and (ii) as a tool to improve the ecological health of the Federal land; (D) to protect and enhance the cultural, ecological, and economic needs of the Burns Paiute Tribe; (E) to maintain and enhance the latest available science- based adaptive management of the Federal land; (F) to prevent invasive species encroachment and large fires through management practices that focus on restoration of the ecosystem; (G) to ensure the conservation and improved management of the ecological, social, and economic environment, including geological, biological, wildlife, fish, riparian, and scenic resources; (H) to address the management uncertainties on the Federal land to provide greater stability of natural resource management on the Federal land; and (I) to promote and foster cooperation, communication, and understanding, and reduce conflict, among all users of the Federal land. (2) Approach.--The Secretary shall carry out the duties of the Secretary under this subtitle in a manner that-- (A) furthers the purpose described in subsection (a) and the objectives described in paragraph (1); (B) ensures the collection of relevant data to monitor and evaluate the ecological health of the Federal land; (C) ensures that adaptive management actions improve the ecological health of the Federal land; (D) builds inclusivity in the County by promoting the involvement of local grazing allotment holders, institutions of higher education, volunteers, Federal agencies, and other interested parties in the Monitoring Network while standardizing data collection; and (E) promotes cooperation, communication, and understanding within the County to reduce conflict among all users of Federal land. SEC. 2403. ADAPTIVE MANAGEMENT OF FEDERAL LAND IN THE COUNTY. (a) Programmatic Environmental Impact Statement.-- (1) Preparation.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and every 10 years thereafter, the Secretary, in consultation with the Commissioner and after obtaining input from the Malheur CEO Group, shall prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the Federal land using-- (i) existing and up-to-date planning documents, processes, and data; and (ii) in the case of the first programmatic environmental impact statement, any planning and data documentation that is in development on the date of enactment of this Act. (B) Priorities.-- (i) Priority actions for missing data.--The Secretary shall give priority to the completion of any analysis relating to areas on the landscape for which planning or data are lacking during the year in which a programmatic environmental impact statement under subparagraph (A) is prepared. (ii) Baseline soil and vegetative health assessments.--In carrying out subparagraph (A), the Secretary shall give priority to the completion of baseline soil and vegetative health assessments on the Federal land. (C) Protection of the federal land.--In carrying out subparagraph (A), the Secretary shall include an analysis of the conditions and actions necessary to ensure that the adaptive management carried out under a programmatic environmental impact statement will not degrade the ecological health of the Federal land. (D) Supplementation of existing grazing regulations.--A programmatic environmental impact statement under subparagraph (A) shall supplement, and not supplant, existing grazing regulations, including part 4100 of subchapter D of chapter II of subtitle B of title 43, Code of Federal Regulations (or successor regulations). (E) Consideration of other law.--The Secretary shall ensure that each programmatic environmental impact statement [[Page S1631]] under subparagraph (A) takes consideration of, and is consistent with-- (i) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); (ii) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (iii) division A of subtitle III of title 54, United States Code (formerly known as the ``National Historic Preservation Act''); and (iv) Executive Order No. 13007 (42 U.S.C. 1996 note; relating to Indian sacred sites). (2) Adaptive management.--Each programmatic environmental impact statement under paragraph (1)(A) shall-- (A) provide baseline information on the ecological health of the Federal land; (B) define desired future ecological conditions and outcomes; (C) negate the need for project-specific environmental analysis for the management activities listed in clauses (i) through (ix) of subparagraph (D); and (D) to restore and improve the ecological health of the Federal land and related riparian areas, lead to or enhance the use of adaptive management of the Federal land for-- (i) the management of invasive species through the use, as the Secretary determines to be appropriate, of available tools, including-- (I) mechanical tools; (II) hand tools; (III) chemical tools; (IV) biological tools; and (V) livestock for varied season use; (ii) the maintenance of existing water infrastructure; (iii) the improvement, including movement, of existing water infrastructure, except in an area in which there are species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (iv) the culturally appropriate protection of areas for restoration of wildlife habitat through-- (I) offsite water developments; (II) wildlife-friendly fencing; and (III) vegetation management to protect-- (aa) the natural integrity of spring sites; (bb) native species diversity; (cc) water quality; and (dd) soil heath; (v) the protection and use of existing water infrastructure, including-- (I) the use of existing water infrastructure to distribute livestock and wildlife, including wild horses, for-- (aa) the protection of riparian areas, springs, wetlands, or other mesic sites; and (bb) the ecological improvement of rangeland by domestic species; (II) the prevention of fragmentation of habitat; (III) the preservation of existing water infrastructure that has not experienced invasion by an invasive species; and (IV) the restoration of existing water infrastructure that has experienced degradation by an invasive species. (vi) the repair, removal, or construction of fences, as necessary, in response to land designations, in accordance with wildlife or domestic animal management needs; (vii) the maintenance of existing roads, if that maintenance does not constitute an improvement amounting to a new road category; (viii) the removal of juniper where ecologically appropriate for the benefit of improving or conserving ecological function; and (ix) the use of prescribed fire to reduce fuel loads where ecologically appropriate. (3) No effect on subsurface mineral rights.--A programmatic environmental impact statement under paragraph (1)(A) shall not affect any subsurface mineral rights. (4) Minimum requirements analyses.-- (A) In general.--Each programmatic environmental impact statement under paragraph (1)(A) shall include a minimum requirements analysis under appendix B of section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act) for the proposed management activities included in the programmatic environmental impact statement. (B) Project-specific analyses.--A project-specific minimum requirements analysis shall not be required for any site- specific activity that is covered under a programmatic environmental impact statement referred to in subparagraph (A). (b) Planning and Reporting Requirements.-- (1) Restoration area plan.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Malheur CEO Group and the Monitoring Network, shall develop a plan, using existing data and planning documents, for the restoration of areas that are ecologically degraded on the date of enactment of this Act. (B) Requirement.--The plan under subparagraph (A) shall describe-- (i) the restoration areas to be treated under the plan; (ii) the restoration objectives and desired ecological outcomes for the restoration areas; (iii) the priority of restoration areas to be treated under the plan, including the reasons for such priority; (iv) the prescribed treatments under the plan, including the use of newer and developing technologies; (v) the timing of treatments under the plan; and (vi) the monitoring methods and techniques that will be used to measure and evaluate success relative to the restoration objectives and desired ecological outcomes described in clause (ii). (2) Report on areas most at risk of being ecologically degraded.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Malheur CEO Group and the Monitoring Network, shall develop a report and a plan that identifies the Federal land most at risk of being ecologically degraded, including an assessment of management options to keep the Federal land intact, including the option of no active management. (c) Malheur Community Empowerment for Owyhee Group.-- (1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a group, to be known as the ``Malheur Community Empowerment for Owyhee Group''-- (A) to improve collaborative relationships among-- (i) the members of the Malheur CEO Group; and (ii) the types of entities that those members represent; and (B) to provide advice and recommendations to the Secretary relating to the monitoring and management of the Federal Land, in accordance with the purpose and objectives described in section 2402. (2) Membership.-- (A) In general.--The Malheur CEO Group shall consist of 13 members, of whom-- (i) 6 shall be representatives of ranching businesses in the County; (ii) 6 shall be representatives of other businesses or conservation or recreation organizations, of whom 2 shall reside in the County; and (iii) 1 shall be a representative of the Burns Paiute Tribe. (B) Appointment.-- (i) In general.--Members of the Malheur CEO Group shall be appointed by the Secretary, with advice from-- (I) the manager of the Vale District of the Bureau; (II) any Member of the House of Representatives who represents a district in which the Federal land is located; and (III) the Governor of the State of Oregon. (ii) Initial appointments.--Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the initial members of the Malheur CEO Group. (iii) Terms.--Each member of the Malheur CEO Group shall serve for a term of 3 years. (iv) Reappointment.--A member of the Malheur CEO Group may be reappointed for 1 or more additional 3-year terms. (v) Vacancies.--A vacancy on the Malheur CEO Group shall be filled-- (I) as soon as practicable after the vacancy occurs; and (II) in the same manner as the original appointment. (C) Compensation and expenses.-- (i) Compensation.--Members of the Malheur CEO Group shall serve without compensation. (ii) Travel expenses.--Each member of the Malheur CEO Group shall receive, from the Secretary, travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (D) Chairperson.--A chairperson shall be elected by a majority of the members of the Malheur CEO Group. (3) Duties.-- (A) In general.--The Malheur CEO Group shall-- (i) review each project proposed to the Bureau by members of the Malheur CEO Group, ranchers holding grazing permits on the Federal land, or other members of the public to be carried out using the analysis completed by a programmatic environmental impact statement prepared under subsection (a)(1); (ii) propose projects and funding to the Secretary under this subtitle; (iii) provide early and continuous coordination with appropriate officials of land management agencies in the County in recommending projects consistent with purposes of this subtitle; and (iv) provide frequent opportunities for citizens, organizations, Tribes, land management agencies, and other interested parties to participate openly and meaningfully in the project development process, including in the early stages of the process. (B) Projects proposed to the secretary.--The Malheur CEO Group may propose a project to the Secretary if the project has been approved by a majority of the members voting at an official meeting of the Malheur CEO Group. (4) Meetings.-- (A) In general.--A quorum is required for an official meeting of the Malheur CEO Group. (B) Quorum.--A quorum shall consist of-- (i) a combination of members that-- (I) constitutes a majority of the members of the Malheur CEO Group; and (II) consists of at least as many members described in clause (i) of paragraph (2)(A) as the total number of members described in clauses (ii) and (iii) of that paragraph; or (ii) all of the members of the Malheur CEO Group. (C) Open meetings.--Each meeting of the Malheur CEO Group shall-- [[Page S1632]] (i) be announced in a local newspaper of record, as determined by the Secretary, not less than 1 week in advance of the meeting; and (ii) be open to the public. (D) Records.--The Malheur CEO Group shall-- (i) maintain records of each meeting; and (ii) make those records available for public inspection. (5) Bylaws.-- (A) In general.--The members of the Malheur CEO Group shall establish bylaws for the Malheur CEO Group. (B) Requirement.--Bylaws may be established under subparagraph (A) on approval by-- (i) a combination of members that-- (I) constitutes a majority of the members of the Malheur CEO Group; and (II) consists of at least as many members described in clause (i) of paragraph (2)(A) as the total number of members described in clauses (ii) and (iii) of that paragraph; or (ii) all of the members of the Malheur CEO Group. (6) Detail of federal employees.-- (A) In general.--On request of the Malheur CEO Group, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of the Interior to assist the Malheur CEO Group in carrying out the duties described in paragraph (3). (B) Civil service status.--Any detail of a Federal employee under subparagraph (A) shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee detailed. (7) Malheur community empowerment for owyhee group advisory committee.-- (A) Establishment.--Not later than 60 days after the date on which the Malheur CEO Group is established under paragraph (1), the Malheur CEO Group shall establish an advisory committee, to be known as the ``Malheur Community Empowerment for Owyhee Group Advisory Committee'', to provide input to the Malheur CEO Group, including scientific, cultural, historical, and other advice, as needed, regarding management of the Federal land-- (i) to ensure that the work of the Malheur CEO Group is well-informed and relevant to the Federal land; and (ii) to promote adaptive management of the Federal land in accordance with a programmatic environmental impact statement prepared under subsection (a)(1). (B) Membership.-- (i) In general.--The Malheur CEO Advisory Committee shall consist of-- (I) members of the Malheur CEO Group; (II) representatives of Indian tribes, including at least 1 representative of the Burns Paiute Tribe; (III) representatives of the scientific and research communities, including individuals with expertise in scientific matters relevant to the Federal land, as determined by the Malheur CEO Group; and (IV) representatives of any other entity or interest relevant to the Federal land, as determined by the Malheur CEO Group. (ii) Appointment.-- (I) In general.--The Malheur CEO Group shall appoint the members of the Malheur CEO Advisory Committee. (II) Initial appointments.--Not later than 60 days after the date on which the Malheur CEO Group is established under paragraph (1), the Malheur CEO Group shall appoint the initial members of the Malheur CEO Advisory Committee. (III) Terms.--Each member of the Malheur CEO Advisory Committee shall serve for such period as the Malheur CEO Group determines to be appropriate. (IV) Reappointment.--A member of the Malheur CEO Advisory Committee may be reappointed for 1 or more additional terms. (V) Vacancies.--A vacancy on the Malheur CEO Advisory Committee shall be filled-- (aa) as soon as practicable after the vacancy occurs; and (bb) in the same manner as the original appointment. (iii) Compensation and expenses.-- (I) Compensation.--Members of the Malheur CEO Advisory Committee shall serve without compensation. (II) Travel expenses.--Each member of the Malheur CEO Advisory Committee shall receive, from the Secretary, travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (8) Inapplicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Malheur CEO Group or the Malheur CEO Advisory Committee. (d) Ongoing Consultation.-- (1) In general.--In carrying out adaptive management under a programmatic environmental impact statement prepared under subsection (a)(1) and monitoring under subsection (e), the Secretary shall consult with the Malheur CEO Group and work toward a consensus with respect to-- (A) the implementation of policies and practices; (B) any lessons learned from that implementation; and (C) the adaptation of those policies and practices-- (i) to reflect any lessons learned from the implementation; and (ii) to incorporate the results of the monitoring carried out under subsection (e). (2) Frequency.--The Secretary shall consult with the Malheur CEO Group not less frequently than once every 60 days for the 4-year period beginning on the date on which the Malheur CEO Group is established under subsection (c)(1), and as necessary thereafter. (e) Monitoring.-- (1) Establishment of the Monitoring Network.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding with the monitoring partners described in subparagraph (B) to establish a network, to be known as the ``Monitoring Network''-- (i) to monitor, in accordance with this subsection, all Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1)(A); and (ii) to carry out ecological research relating to that monitoring. (B) Monitoring partners described.--The monitoring partners referred to in subparagraph (A) are-- (i) the Director of the Bureau; (ii) the Director of the United States Fish and Wildlife Service; (iii) the Chief of the Natural Resources Conservation Service; (iv) the Oregon Department of Fish and Wildlife; (v) the Oregon Department of Environmental Quality; (vi) the County; (vii) the Malheur County Soil and Water Conservation District; (viii) relevant watershed councils in the County, as determined by the Malheur CEO Group; (ix) the Burns Paiute Tribe; (x) Oregon State University; (xi) Treasure Valley Community College; (xii) existing holders or users of grazing permits on the Federal land; (xiii) representatives of conservation, hunting, or fishing organizations; and (xiv) any other individual or entity that, in the determination of the Secretary, collects or holds data relevant to the monitoring, in accordance with this section, of the Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1). (2) Leadership of the Monitoring Network.--The Chief of the Natural Resources Conservation Service and the Director of the Bureau shall lead the Monitoring Network unless the parties to the memorandum of understanding described in paragraph (1) choose another Federal official to lead the Monitoring Network. (3) Requirements.--The Monitoring Network shall carry out monitoring and research-- (A) using agreed upon protocols for the collection of data to inform the adaptive management actions necessary to achieve a desired range of future conditions; (B) using the latest available science-based ecological framework to provide more frequent and timely data relating to the ecological functionality of the Federal land subject to a programmatic environmental impact statement prepared under subsection (a)(1) than the data that the Bureau was able to acquire before the date of enactment of this Act through-- (i) the independent efforts of the Bureau; or (ii) existing cooperative agreements; (C) that provides data that can be used by the Secretary in real-time, as baseline data and as data indicating changes in conditions, for adaptive management of the Federal land in accordance with a programmatic environmental impact statement prepared under subsection (a)(1); and (D) that includes monitoring and research of ecological health, including the collection of data on-- (i) the relationship between invasive species and fires, including information regarding the frequency and severity of any fires, updated not less frequently than once each year; (ii) soils and vegetation, for the purpose of preparing a complete inventory of all soils and vegetation within the Federal land, updated not less frequently than once every 10 years; (iii) wildlife, including migration corridors and the status of habitat fragmentation; (iv) wild or feral horses or trespass livestock; (v) the availability and management of water on the land, including the use of updated water infrastructure; (vi) the effects of the removal of juniper; (vii) invasive species; (viii) sage brush steppe ecosystems; (ix) wetlands, riparian areas, springs, seeps, and other mesic sites; and (x) recreation, including-- (I) recreation in any component of the National Wild and Scenic Rivers System; (II) recreation north and south of the Owyhee dam; and (III) recreation relating to loop roads, including-- (aa) the use of the roads; (bb) the economic impact of the roads; (cc) the effects of the roads on domestic and wild flora and fauna; and (dd) the effects of the roads on-- (AA) cultural uses of the land; and (BB) cultural artifacts. (4) Deadline for baseline data.--Not later than 180 days after the date on which the Monitoring Network is established under paragraph (1), the Monitoring Network shall begin-- (A) compiling existing baseline data; [[Page S1633]] (B) incorporating new baseline data as that data is acquired; and (C) making that baseline data available to the public. (5) Use of monitoring data.-- (A) In general.--Monitoring data collected by the Monitoring Network shall inform management planning decisions relating to the actions covered by a programmatic environmental impact statement prepared under subsection (a)(1), as determined by the Secretary. (B) Effect of violations.--If monitoring data described in subparagraph (A) shows that a holder or user of a grazing permit is not in substantial compliance with the applicable management plan or any use of flexible management granted by a programmatic environmental impact statement prepared under subsection (a)(1), that holder or user shall not be permitted further access to any flexible management granted by the programmatic environmental impact statement until-- (i) the holder or user takes corrective action; and (ii) monitoring data shows that the corrective action taken by the holder or user has improved the ecological health of the affected land, as determined by the Secretary. (C) Effect of improvements.-- (i) Suspended animal unit months.--The Secretary shall restore for use by a holder or user of a grazing permit any animal unit months held by that holder or user that were suspended, in a quantity commensurate with the carrying capacity of the relevant land, as determined by the Secretary, if-- (I) monitoring data shows that the holder or user is in substantial compliance with-- (aa) the applicable management plan; and (bb) the use of flexible management granted by a programmatic environmental impact statement prepared under subsection (a)(1); and (II) the conditions of the allotments of that holder or user will support additional animal unit months beyond the animal unit months assigned to that holder or user. (ii) Improved carrying capacity.--The Secretary shall consider increasing the quantity of animal unit months held by a holder or user of a grazing permit if monitoring data shows an increased carrying capacity on the relevant land. (6) Deployment and use of modern technology.--To the maximum extent practicable, the Secretary shall deploy, use, and request the use of modern technology to carry out the monitoring referred to in paragraph (1), including-- (A) unmanned aerial systems; (B) satellite imagery; (C) Global Positioning Systems and tablets; (D) weather stations; and (E) stream gauges. (7) Soil and vegetation surveys.--Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for internships and workforce development to carry out soil and vegetation surveys on the Federal land with-- (A) the Chief of the Natural Resources Conservation Service; (B) the American Conservation Experience; (C) Oregon State University; (D) Treasure Valley Community College; (E) the Burns Paiute Tribe; and (F) local high schools in the County. (8) No effect on existing fees.--Nothing in this subsection affects any Federal, State, Tribal, or local grazing or other fee generated in the County under existing law (including regulations). (f) Enforcement.-- (1) Direct enforcement by the secretary.--The Secretary shall enforce compliance with-- (A) any requirement relating to the monitoring of Federal land under subsection (e); and (B) any policy or practice implemented by the Secretary in response to that monitoring. (2) Enforcement by the county.-- (A) In general.--The Secretary may make grants to County law enforcement agencies to assist in the enforcement of any requirement relating to the monitoring of county roads. (B) Additional law enforcement officers and personnel.--The County may use funds received through a grant under this paragraph to hire not more than 4 additional law enforcement officers or personnel. (3) Monitoring and enforcement by indian tribes.--The Secretary shall make grants to Indian Tribes-- (A) to assist the Secretary in the monitoring required under subsection (e); and (B) to assist in the enforcement of-- (i) any requirement relating to the monitoring of Federal land under subsection (e); and (ii) any policy or practice implemented by the Secretary in response to that monitoring. (g) Authorization of Resources for Increased Workforce.-- (1) In general.--To carry out this section, including any monitoring and enforcement under this section, the Secretary may hire additional employees for the Vale District of the Bureau. (2) Soil and vegetative health survey workforce.-- (A) Initial completion of baseline soil and vegetative health survey.--To complete the soil and vegetative health surveys under subsection (e)(7), the Secretary shall use existing protocols and hire, for the Vale District of the Bureau-- (i) 4 employees to survey 200,000 acres of Federal land each year until the survey of Federal land is completed; or (ii) to complete the survey of Federal land in 1 year, 40 employees for a period of 1 year. (B) Updates to the survey.--To update the survey not less frequently than once every 10 years, the Secretary shall hire, for the Vale District of the Bureau, 6 employees to survey not less than 460,000 acres of Federal land each year on an ongoing basis. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary-- (A) to carry out monitoring and enforcement under this section, $10,000,000 for each of fiscal years 2020 through 2030; (B) to carry out soil and vegetation surveys under subsection (e)(7), $10,000,000 for each of fiscal years 2020 through 2030; (C) to make grants under subsection (f)(2) to County law enforcement agencies, $10,000,000 for each of fiscal years 2020 through 2030; and (D) to make grants under subsection (f)(3) for monitoring and enforcement by Indian Tribes, $7,000,000 for each of fiscal years 2020 through 2030. (2) Increased aphis funding.--There is authorized to be appropriated to the Administrator of the Animal and Plant Health Inspection Service to support innovative technologies to reduce invasive species, including invasive weeds and invasive annual grasses on the Federal land, $1,000,000 for each of fiscal years 2020 through 2030. SEC. 2404. LAND DESIGNATIONS. (a) Definitions.--In this section: (1) Covered segment.--The term ``covered segment'' means the river segment designated by paragraph (231) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)(1)). (2) Map.--The term ``Map'' means the map entitled ``Proposed Wilderness Malheur County'' and dated November 6, 2019. (3) Wilderness area.--The term ``wilderness area'' means a wilderness area designated by subsection (b)(1). (b) Designation of Wilderness Areas.-- (1) In general.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the County comprising approximately 1,133,481 acres, as generally depicted on the Map, is designated as wilderness and as components of the National Wilderness Preservation System: (A) Fifteenmile creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 58,599 acres, as generally depicted on the Map, which shall be known as the ``Fifteenmile Creek Wilderness''. (B) Oregon canyon mountains wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 57,891 acres, as generally depicted on the Map, which shall be known as the ``Oregon Canyon Mountains Wilderness''. (C) Twelvemile creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 37,779 acres, as generally depicted on the Map, which shall be known as the ``Twelvemile Creek Wilderness''. (D) Upper west little owyhee wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 93,159 acres, as generally depicted on the Map, which shall be known as the ``Upper West Little Owyhee Wilderness''. (E) Lookout butte wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 66,194 acres, as generally depicted on the Map, which shall be known as the ``Lookout Butte Wilderness''. (F) Owyhee river canyon wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 223,586 acres, as generally depicted on the Map, which shall be known as the ``Mary Gautreaux Owyhee River Canyon Wilderness''. (G) Twin butte wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,135 acres, as generally depicted on the Map, which shall be known as the ``Twin Butte Wilderness''. (H) Cairn ``c'' wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,946 acres, as generally depicted on the Map, which shall be known as the ``Cairn `C' Wilderness''. (I) Oregon butte wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,010 acres, as generally depicted on the Map, which shall be known as the ``Oregon Butte Wilderness''. (J) Deer flat wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 12,266 acres, as generally depicted on the Map, which shall be known as the ``Deer Flat Wilderness''. (K) Sacramento hill wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 9,568 acres, as generally depicted on the Map, which shall be known as the ``Sacramento Hill Wilderness''. (L) Coyote wells wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,147 acres, as generally depicted on the Map, [[Page S1634]] which shall be known as the ``Coyote Wells Wilderness''. (M) Big grassey wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 45,192 acres, as generally depicted on the Map, which shall be known as the ``Big Grassey Wilderness''. (N) Little groundhog reservoir wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,272 acres, as generally depicted on the Map, which shall be known as the ``Little Groundhog Reservoir Wilderness''. (O) Lower owyhee canyon wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 79,947 acres, as generally depicted on the Map, which shall be known as the ``Mary Gautreaux Lower Owyhee Canyon Wilderness''. (P) Jordan crater wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 31,141 acres, as generally depicted on the Map, which shall be known as the ``Jordan Crater Wilderness''. (Q) Owyhee breaks wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 29,471 acres, as generally depicted on the Map, which shall be known as the ``Owyhee Breaks Wilderness''. (R) Dry creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 33,209 acres, as generally depicted on the Map, which shall be known as the ``Dry Creek Wilderness''. (S) Dry creek buttes wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 53,782 acres, as generally depicted on the Map, which shall be known as the ``Dry Creek Buttes Wilderness''. (T) Upper leslie gulch wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 2,911 acres, as generally depicted on the Map, which shall be known as the ``Upper Leslie Gulch Wilderness''. (U) Slocum creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 7,528 acres, as generally depicted on the Map, which shall be known as the ``Slocum Creek Wilderness''. (V) Honeycombs wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 40,099 acres, as generally depicted on the Map, which shall be known as the ``Honeycombs Wilderness''. (W) Wild horse basin wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,381 acres, as generally depicted on the Map, which shall be known as the ``Wild Horse Basin Wilderness''. (X) Quartz mountain wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 32,781 acres, as generally depicted on the Map, which shall be known as the ``Quartz Mountain Wilderness''. (Y) The tongue wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 6,800 acres, as generally depicted on the Map, which shall be known as ``The Tongue Wilderness''. (Z) Burnt mountain wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,109 acres, as generally depicted on the Map, which shall be known as the ``Burnt Mountain Wilderness''. (AA) Cottonwood creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 77,828 acres, as generally depicted on the Map, which shall be known as the ``Cottonwood Creek Wilderness''. (BB) Castle rock wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 6,151 acres, as generally depicted on the Map, which shall be known as the ``Castle Rock Wilderness''. (CC) West fork bendire wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,519 acres, as generally depicted on the Map, which shall be known as the ``West Fork Bendire Wilderness''. (DD) Beaver dam creek wilderness.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 19,080 acres, as generally depicted on the Map, which shall be known as the ``Beaver Dam Creek Wilderness''. (2) Maps and legal descriptions.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a map and legal description of each wilderness area. (B) Effect.--Each map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct clerical and typographical errors in the map or legal description. (C) Public availability.--The maps and legal descriptions prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau. (3) Management.-- (A) In general.--Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with-- (i) this subsection; (ii) the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (I) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (II) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary; and (iii) section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act). (B) Grazing.--The Secretary shall allow the continuation of the grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, in accordance with-- (i) this subtitle; (ii) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); (iii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. 18 Rept. 101-405); and (iv) any other Federal law that applies to livestock grazing on Federal public land. (C) Fire management and related activities.-- (i) In general.--The Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the control of fire, insects, and diseases, in accordance with-- (I) this subtitle; (II) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and (III) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98-40). (ii) Inclusions.--Authorized activities under clause (i) shall include the use of mechanical treatments in the wilderness areas by first responders. (D) Invasive species management and related activities.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the control and manipulation of invasive species, including-- (i) the use of nonnative species in areas in which native species cannot be grown to adequately compete with nonnative species; and (ii) the manipulation of vegetation, including through chemical, biological, and mechanical means-- (I) to control nonnative species; or (II) as part of restoration activities, if natural processes alone cannot recover the ecological health of an area, as determined by the Secretary. (E) Maintenance of livestock structures.--The Secretary may carry out any activities in the wilderness areas that the Secretary determines to be necessary for the maintenance of structures and installations used for livestock management in existence on the date of enactment of this Act, in accordance with-- (i) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and (ii) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98-40). (F) Setback for roads adjacent to wilderness areas.--The Secretary may determine, in accordance with an applicable travel management plan for the Federal land adopted not later than 1 year after the date of enactment of this Act and section 6340 of the Bureau of Land Management Manual (Management of Designated Wilderness Areas) (as in effect on the date of enactment of this Act), that the boundary of a wilderness area adjacent to a road may be up to 300 feet from the centerline of a road if-- (i) the setback is determined by the Secretary to be appropriate for the use of the Federal land; and (ii) no existing boundary road will be closed. (c) Management of Land Under the Multiple-Use Mandate of the Bureau of Land Management.-- (1) Release of wilderness study area.-- (A) Finding.--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)), any portion of the Federal land designated as a wilderness study area as of the date of enactment of this Act and identified as ``Proposed for Release from Protection under Wilderness Study Area (WSA) Designation or from Priority Protection of Lands with Wilderness Characteristics (LWC)'' on the Map that is not designated as wilderness by subsection (b)(1) has been adequately studied for wilderness designation. (B) Release.--Except as provided in paragraph (2), the land described in subparagraph (A)-- (i) 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 (ii) shall be managed in accordance with-- (I) this subtitle; and (II) the applicable land use plans adopted under section 202 of that Act (43 U.S.C. 1712). (2) Management of certain land with wilderness characteristics.--Any portion of the Federal land described in paragraph (1)(A) that was previously found to be lands [[Page S1635]] with wilderness characteristics, as determined by the Secretary, that is not designated as wilderness under this subtitle, shall be managed by the Secretary in accordance with the applicable land use plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712). (d) Wild and Scenic River Designations.-- (1) In general.--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: ``(231) Owyhee river, oregon.--The approximately 14.7-mile segment of the Owyhee River from the base of Owyhee Dam in sec. 18, T. 22 S., R. 45 E., downstream to W\1/4\ SW\1/4\ sec. 13, T. 21 S., R. 45 E., to be administered by the Secretary of the Interior as a recreational river.''. (2) Management.-- (A) In general.--The Secretary shall manage the covered segment in accordance with section 6400 of the Bureau of Land Management Manual (Wild and Scenic Rivers) (as in effect on the date of enactment of this Act). (B) Livestock grazing.-- (i) In general.--The Secretary shall manage domestic livestock grazing in the vicinity of the covered segment in a manner that protects the identified values of the covered segment, including maintaining existing structures used for livestock management. (ii) New structures.--To maintain the identified values of the covered segment, the Secretary shall ensure that any structures constructed after the date of enactment of this Act to facilitate livestock management in the vicinity of the covered segment are unobtrusive, as determined by the Secretary. (C) Invasive species management.-- (i) In general.--In administering the covered segment, the Secretary shall carry out any activities that the Secretary determines to be necessary to prevent or control the spread of terrestrial invasive species and aquatic invasive species, consistent with the applicable land use plan and applicable law, including using manual and chemical prevention and control methods, in accordance with-- (I) the applicable land use plan; (II) section 9011 of the Bureau of Land Management Manual (Chemical Pest Control) (as in effect on the date of enactment of this Act); (III) section 9014 of the Bureau of Land Management Manual (Control Use of Biological Control Agents on Public Lands) (as in effect on the date of enactment of this Act); (IV) section 9015 of the Bureau of Land Management (Integrated Weed Management) (as in effect on the date of enactment of this Act); (V) section H-1740-2 of the Bureau of Land Management Handbook (as in effect on the date of enactment of this Act); and (VI) any applicable Federal law. (ii) Required evaluation.--Before using a chemical prevention or control method authorized under clause (i), the Secretary shall carefully evaluate the proposed use to ensure that the proposed use would not adversely affect water quality and the identified values of the covered segment. (3) Withdrawal and use.-- (A) Withdrawal.--Subject to valid existing rights, all Federal land within a covered segment is withdrawn from-- (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (B) Water rights.--Nothing in this subsection or an amendment made by this subsection affects-- (i) valid existing water rights; or (ii) existing rights to access water from the river segment, if the access does not permanently impede the qualities for which the covered segment was designated. (C) Water resources.--The Secretary shall authorize the continued use and maintenance of diversions and water infrastructure in or adjacent to the covered segments as of the date of enactment of this Act, in accordance with section 6400 of the Bureau of Land Management Manual (Wild and Scenic Rivers-Policy and Program Direction for Identification, Evaluation, Planning, and Management) (as in effect on the date of enactment of this Act). (e) Mineral Withdrawals.--Subject to valid existing rights, the approximately 12,426.43 acres of Federal land known as the ``Leslie Gulch Area of Critical Environmental Concern'', as described in the public land order entitled ``Public Land Order No. 7412; Withdrawal for Leslie Gulch Area of Critical Environmental Concern; Oregon'' (64 Fed. Reg. 51553 (September 23, 1999)), is permanently withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 2405. ECONOMIC DEVELOPMENT. (a) Loop Roads Requirements.-- (1) In general.--The Secretary, in coordination with the County, shall work with Travel Oregon to establish requirements for the loop roads. (2) Owyhee dam road.-- (A) Safety upgrades.-- (i) In general.--The Secretary shall seek to enter into an arrangement with the County to fund safety upgrades, in accordance with County road standards, to the Owyhee Dam Road to ensure access to the recreational opportunities of the Owyhee Reservoir, including improved signage and surfacing. (ii) Deadline for upgrades.--Any upgrades carried out with funds provided under clause (i) shall be completed not later than 1 year after the date of enactment of this Act. (iii) Compliance with standards.--If the County receives any funds provided under this subparagraph, the County shall ensure that, not later than 1 year after the date of enactment of this Act, the Owyhee Dam Road is in compliance with County and County road district standards. (B) Fees and tolls.-- (i) In general.--As soon as practicable after the date on which requirements for the Owyhee Dam Road are established under paragraph (1) and notwithstanding the terms of the right-of-way easement between the County and the Bureau dated April 20, 1988, and recorded in the County deed records as instrument number 88-17855, the County may collect fees or tolls for the use of the road. (ii) Use of fees or tolls.--Any fees or tolls collected under clause (i) shall be used for road improvements by the County. (C) Authorization of appropriations.--In addition to amounts made available under subsection (f)(1), there is authorized to be appropriated to the Secretary to carry out subparagraph (A) $6,000,000. (3) Succor creek scenic loop.--The Secretary shall work with the County on a plan to improve the Succor Creek Scenic Loop, as generally depicted on the map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops'' and dated November 6, 2019, to accommodate visitors and residents. (4) Birch creek scenic loop.--The Secretary shall work with the County on a plan to improve the Birch Creek Scenic Loop, as generally depicted on the map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops'' and dated November 6, 2019, to accommodate visitors and residents. (5) Three forks scenic loop.--The Secretary shall work with the County on a plan to improve the Three Forks Scenic Loop, as generally depicted on the map entitled ``Lake Owyhee, Succor Creek, Birch Creek, and Three Forks Scenic Loops'' and dated November 6, 2019-- (A) to accommodate visitors and residents; and (B) to provide a connection to the Idaho Scenic Byway. (b) Improvements to State Parks and Other Amenities.--Not later than 180 days after the date of enactment of this Act-- (1) the Commissioner, in coordination with the Owyhee Irrigation District, shall work with Travel Oregon or the Oregon Parks and Recreation Department, as appropriate-- (A) to carry out a feasibility study relating to the establishment of not more than 2 marinas on the Owyhee Reservoir; (B) to carry out a feasibility study relating to the establishment of a paddle bar on the Owyhee Reservoir; (C) to carry out improvements to existing Oregon State Parks bordering the Owyhee Reservoir; (D) to establish a network of hostelries in the County using former hotels and bunkhouses that are not in use; (E) to carry out improvements to private camps on the shore of the Owyhee Reservoir; and (F) to establish a dude ranch at Birch Creek; and (2) the Secretary shall work with the County to carry out a feasibility study on the rails-to-trails project known as ``Rails to Trails: The Oregon Eastern Branch/The Oregon and Northwestern Railroad''. (c) Gateway to the Oregon Owyhee.--Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with Travel Oregon, shall complete a feasibility study on how best to market communities or sections of the County as the ``Gateway to the Oregon Owyhee''. (d) Jordan Valley Airstrip Improvements To Support Firefighting Efforts.-- (1) In general.--The Secretary shall work with firefighting entities in the County to determine-- (A) the need for the use of the Jordan Valley Airstrip to support firefighting efforts; and (B) the conditions under which the Jordan Valley Airstrip may be used to support firefighting efforts. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Malheur CEO Group a report on the need and conditions described in subparagraphs (A) and (B) of paragraph (1), including any ways in which to meet those conditions. (e) Native Seed Center.-- (1) Establishment.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Native Seed Center Establishment Group shall establish a center, to be known as the ``Native Seed Center'', to serve as the primary native seed repository of the Federal Government in the Western States. (B) Native seed center establishment group.-- (i) Establishment of group.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Agricultural Resource Service shall enter into a memorandum of understanding with the partners described in clause (ii) to establish [[Page S1636]] a group, to be known as the ``Native Seed Center Establishment Group'', to establish and operate the Center. (ii) Partners described.--The partners referred to in clause (i) are-- (I) the Administrator of the Farm Service Agency; (II) Oregon State University; (III) Treasure Valley Community College; (IV) the Malheur County Weeds Department Inspector; and (V) local agricultural producers in the County. (2) Purpose.--The Center shall-- (A) serve as a repository of native seeds deposited with the Center; (B) develop methods to improve the growth of native seeds; (C) give priority to the production of species of plants, as seeds and seedlings, that-- (i) are of heightened cultural significance to the Burns Paiute Tribe; and (ii) are locally adapted; and (D) pursuant to the contract described in paragraph (3), provide native seeds for use on all rangeland managed by the Bureau. (3) Contract.-- (A) In general.--Not later than 180 days after the establishment of the Center under paragraph (1), the Center shall enter into a contract with the Bureau, seed growers, ranchers in the County, and the Burns Paiute Tribe to provide native seeds for use on all rangeland managed by the Bureau. (B) Requirement.--The contract under subparagraph (A) shall-- (i) include the use of technologies such as biochar to improve seed germination rates; and (ii) guarantee prices and availability for ranchers and members of the Burns Paiute Tribe who use rangeland managed by the Bureau. (f) Authorization of Appropriations.--There are authorized to be appropriated-- (1) to the Secretary-- (A) to carry out subsection (a), $10,000,000 for each of fiscal years 2020 through 2030; (B) to carry out subsection (b)(2), $10,000,000 for each of fiscal years 2020 through 2030; (C) to carry out subsection (c), $10,000,000 for each of fiscal years 2020 through 2030; and (D) to carry out subsection (d), $10,000,000 for each of fiscal years 2020 through 2030; (2) to the Commissioner-- (A) to carry out subsection (b)(1)(A), $10,000,000 for each of fiscal years 2020 through 2030; (B) to carry out subsection (b)(1)(B), $10,000,000 for each of fiscal years 2020 through 2030; (C) to carry out subsection (b)(1)(C), $10,000,000 for each of fiscal years 2020 through 2030; (D) to carry out subsection (b)(1)(D), $10,000,000 for each of fiscal years 2020 through 2030; (E) to carry out subsection (b)(1)(E), $10,000,000 for each of fiscal years 2020 through 2030; and (F) to carry out subsection (b)(1)(F), $10,000,000 for each of fiscal years 2020 through 2030; and (3) to the Administrator of the Agricultural Resource Service, for the establishment and operation of the Center, $10,000,000 for each of fiscal years 2020 through 2030. SEC. 2406. TRIBAL PROTECTIONS. (a) In General.--Nothing in this subtitle, including any designation or nondesignation relating to increased protection of Tribal resources under this subtitle, detrimentally affects any sacred Tribal or important cultural location or resource. (b) Land in Trust.-- (1) Definition of covered land.--In this subsection, the term ``covered land'' means-- (A) the allotment of land of the Bureau known as ``OR00306 Jonesboro''; and (B) the allotment of land of the Bureau known as ``OR00229 Road Gulch''. (2) Land in trust.--Subject to valid existing rights, all right, title, and interest of the United States in and to the covered land shall be held in trust by the United States for the benefit of the Burns Paiute Tribe. (3) Transfer of administrative jurisdiction.--To better manage and protect the resources around the Malheur River Wildlife Mitigation Site of the Burns Paiute Tribe, administrative jurisdiction over the covered land is transferred from the Secretary to the Director of the Bureau of Indian Affairs. (4) Grants for management of land.--The Director of the Bureau of Indian Affairs shall make grants to the Burns Paiute Tribe to support the management of the covered land. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Director of the Bureau of Indian Affairs to make grants under subsection (b)(4) $10,000,000 for each of fiscal years 2020 through 2030. ______ SA 1532. Mr. SCHUMER submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title I, add the following: SEC. 12___. GREEN ISLAND HYDROELECTRIC PROJECT EXTENSION. (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 Federal Energy Regulatory Commission project number 00013, the Federal Energy Regulatory Commission (referred to in this section as the ``Commission'') may, on 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 9 years from the date of the expiration of the extension issued by the Commission under that section for the project. (b) Obligation for Payment of Annual Charges.--Any obligation of the licensee for the project described in subsection (a) for the payment of annual charges under section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) shall commence on conclusion of the time period to commence construction of the project, as extended by the Commission under subsection (a). ______ SA 1533. Ms. KLOBUCHAR submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE IV--MISCELLANEOUS SEC. 4001. ASSESSMENT BY FEDERAL AGENCIES OF CLIMATE PRODUCT COSTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Climate product cost.--The term ``climate product cost'' means the cost, denominated in dollars, of the life- cycle greenhouse gas emissions of a product, calculated in accordance with the methodology developed by the Administrator under section (b)(3). (3) Climate product declaration.--The term ``climate product declaration'' means a product-specific measurement of the life-cycle greenhouse gas emissions of a product that is-- (A) certified by a third party; and (B) in accordance with international standards, such as a Type III environmental declaration (as defined by the International Organization for Standardization in the report entitled ``Environmental labels and declarations -- Type III environmental declarations -- Principles and procedures'', numbered ISO 14025, and dated July 1, 2006). (4) Eligible material.--The term ``eligible material'' means any of-- (A) carbon steel rebar; (B) flat glass; (C) mineral wool board insulation; and (D) structural steel. (5) Federal contracting agency.--The term ``Federal contracting agency'' means-- (A) the Department; (B) the Department of Defense; (C) the Department of Transportation; (D) the Department of Commerce; (E) the Environmental Protection Agency; (F) the General Services Administration; and (G) the Department of Veterans Affairs. (b) Assessment.-- (1) In general.--The head of each Federal contracting agency shall carry out an assessment to determine how the products procured by the Federal contracting agency and any contractors of the Federal contracting agency in connection with a Federal contract affect the levels of greenhouse gases in the atmosphere by requiring each prospective contractor to disclose, in any response to a solicitation to offer for a Federal contract, the climate product declaration of all eligible materials the prospective contractor expects to manufacture or purchase during the course of constructing, reconstructing, or renovating the public project. (2) Release of assessment.--Not later than 60 days after the date on which an assessment under paragraph (1) is completed, the head of the applicable Federal contracting agency shall-- (A) publish the assessment in the Federal Register; and (B) make the assessment publicly available-- (i) on the website of the Federal contracting agency; and (ii) in appropriate offices of the Federal contracting agency. (3) Methodology for calculating the climate product cost.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator, using an estimate of the cost of greenhouse gas emissions, such as the social cost of carbon, shall develop and publish in the Federal Register a methodology for calculating the climate product cost of each eligible material procured by a Federal contracting agency or any contractor or subcontractor of a Federal contracting agency, including an assessment of the climate product cost as a dollar cost per metric ton of greenhouse gas emissions for the eligible material, based on information in a climate product declaration. (B) Updates.--Not less frequently than once every 5 years after submission of a report under paragraph (4)(A), the Administrator shall-- (i) review the method used to develop the methodology under subparagraph (A); and (ii) if necessary, update that methodology. (4) Reports.-- [[Page S1637]] (A) Reports to congress.-- (i) In general.--Not later than 90 days after the date on which the methodology under paragraph (3)(A) is published in the Federal Register, the Administrator shall submit to Congress a report that describes the method that the Administrator used to develop the methodology. (ii) Updates.--Not later than 180 days after each review carried out by the Administrator under paragraph (3)(B)(i), the Administrator shall submit to Congress a report that describes-- (I) the review; and (II) any updated methodology developed by the Administrator under paragraph (3)(B)(ii). (B) Reports to the administrator.--Not later than 180 days after the date of enactment of this Act, and not less frequently than annually thereafter, the head of each Federal contracting agency shall submit to the Administrator and make publicly available a report that includes, for the period of time covered by the report-- (i) the total number and value of contracts awarded by the Federal contracting agency; (ii) the total number and value of contracts and subcontracts awarded to foreign contractors or suppliers; (iii) the dollar value of any articles, materials, or supplies that were manufactured outside of the United States; (iv) the total procurement value of any funds expended on eligible materials manufactured outside the United States; (v) the total climate product cost of contracts awarded by the Federal contracting agency; (vi) a comparison of-- (I) the climate product cost of contracts awarded by the Federal contracting agency; and (II) the climate product cost of offers for contracts that the Federal contracting agency did not award; and (vii) recommendations for additional disclosures from prospective contractors to support accurate and comprehensive assessments of how contracts awarded by the Federal contracting agency affect-- (I) emissions of greenhouse gases; and (II) air, water, and land pollutants. ______ SA 1534. Ms. KLOBUCHAR submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. ENACTMENT OF EXECUTIVE ORDER. (a) In General.--The provisions of Executive Order 13653 (78 Fed. Reg. 66819; relating to preparing the United States for the impacts of climate change (November 1, 2013)) (as in effect on March 27, 2017) are enacted into law. (b) Publication.--In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end an appendix setting forth the text of the Executive order referred to in subsection (a) (as in effect on March 27, 2017). ______ SA 1535. Mr. VAN HOLLEN (for himself and Mr. Markey) submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ____. NATIONAL CLIMATE BANK STUDY. (a) In General.--The Secretary shall provide a grant to a nonprofit corporation to evaluate the need, develop the business model, and build the capacity for raising and deploying public, private, and philanthropic funds to finance the deployment of clean technologies in partnership with the private sector. (b) Funding.-- (1) In general.--The Secretary shall provide, out of any amounts appropriated under subsection (c), funding for a nonprofit corporation based in the National Capital Region formed for the exclusive purpose of providing financing for, and mobilizing private capital through public investment in, low- and zero-emission technologies and processes at the national and State levels-- (A) to reduce greenhouse gas emissions in the United States; (B) to expand access to low- and zero-emission technologies for minority, low-income, rural, and distressed neighborhoods; (C) to enable a just transition to low- and zero-emission technologies for workers and their communities; and (D) to protect consumers from utility rate increases. (2) Use of funds.--Funds provided to the nonprofit corporation under paragraph (1) shall be used to evaluate the need, evaluate the potential, develop the business model, and build the capacity for raising and deploying public, private, and philanthropic funds to finance the deployment of new and existing clean energy, clean transportation, resiliency, agricultural, and other technologies that reduce greenhouse gas emissions-- (A) to fill market gaps; (B) to overcome financial barriers; and (C) to mobilize greater private investment in those technologies in underserved markets. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $5,000,000, to remain available until expended. ______ SA 1536. Mrs. GILLIBRAND (for herself and Mr. Cassidy) submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. USE OF FEDERAL DISASTER RELIEF AND EMERGENCY ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND STRUCTURES. (a) In General.--Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following: ``SEC. 328. USE OF ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND STRUCTURES. ``(a) Definitions.--In this section-- ``(1) the term `energy-efficient product' means a product that-- ``(A) meets or exceeds the requirements for designation under an Energy Star program established under section 324A of the of the Energy Policy and Conservation Act of 1975 (42 U.S.C. 6294a); or ``(B) meets or exceeds the requirements for designation as being among the highest 25 percent of equivalent products for energy efficiency under the Federal Energy Management Program; and ``(2) the term `energy-efficient structure' means a residential structure, a public facility, or a private nonprofit facility that meets or exceeds the requirements of American Society of Heating, Refrigerating and Air- Conditioning Engineers Standard 90.1-2019 or the 2018 International Energy Conservation Code, or any successor thereto. ``(b) Use of Assistance.--A recipient of assistance relating to a major disaster or emergency may use the assistance to replace or repair a damaged product or structure with an energy-efficient product or energy- efficient structure.''. (b) Applicability.--The amendment made by this section shall apply to assistance made available under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after the date of enactment of this Act that is expended on or after the date of enactment of this Act. ______ SA 1537. Mrs. HYDE-SMITH submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. NUCLEAR FILTRATION TESTING AND RESEARCH PROGRAM. (a) In General.--Subtitle A of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end the following new section: ``SEC. 4410. NUCLEAR FILTRATION TESTING AND RESEARCH PROGRAM. ``(a) In General.--The Secretary of Energy shall-- ``(1) designate, as a federally funded research and development center, a research center at an institution of higher education not designated as a federally funded research and development center or a university-affiliated research center as of the date of the enactment of this section; and ``(2) enter into a formal arrangement with that research center to carry out a partnership program to research, develop, and demonstrate new advancements with respect to nuclear containment ventilation systems. ``(b) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2021 through 2025. ``(2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended.''. (b) Clerical Amendment.--The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4409 the following new item: ``Sec. 4410. Nuclear filtration testing and research program.''. ______ SA 1538. Mrs. HYDE-SMITH (for herself and Mr. Wicker) submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: [[Page S1638]] SEC. ___. PERMITS FOR DREDGED OR FILL MATERIAL. Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended-- (1) in subsection (b), by striking ``Subject to subsection (c) of this section, each'' and inserting ``Each''; and (2) by striking subsection (c). ______ SA 1539. Mrs. LOEFFLER submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end of part I of subtitle B of title II, add the following: SEC. 22__. CYBERSECURITY FRAMEWORK FOR CRITICAL INFRASTRUCTURE SECTORS. The Secretary, in coordination with the Secretary of Homeland Security and the Director of the National Institute of Standards and Technology, shall-- (1) identify improvements that could result from the use of the framework of the National Institute of Standards and Technology entitled ``Framework for Improving Critical Infrastructure Cybersecurity'' across all critical infrastructure sectors; and (2) using existing initiatives of the Department, develop implementation guidance that links existing cybersecurity tools, standards, and approaches used in critical infrastructure sectors to the framework described in paragraph (1) for the purpose of improving the cybersecurity of critical infrastructure. ______ SA 1540. Mrs. LOEFFLER submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle H of title I insert the following: SEC. 18__. OFFICE OF FRAUD OVERSIGHT AND MANAGEMENT. (a) In General.--Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the following: ``SEC. 218. OFFICE OF FRAUD OVERSIGHT AND MANAGEMENT. ``(a) In General.--There is established within the Office of Financial Policy and Internal Controls of the Department an Office of Fraud Oversight and Management (referred to in this section as the `Office') to design and oversee fraud risk management activities. ``(b) Director.--The Office shall be headed by a Director, who shall be appointed by the Secretary. ``(c) Data Analytics.--The Director of the Office shall ensure that the necessary data is available to employ data analytics as a tool to perform contractor cost-surveillance activities, including monitoring contractor data to maintain sufficiently detailed transaction-level cost data that are reconcilable with amounts charged to the Federal Government, including-- ``(1) cost data that, at a minimum, represent a full data population; and ``(2) details necessary to determine the nature of each cost transaction, with identifiers such as-- ``(A) transaction date, dollar amount, and item or service description; and ``(B) transaction codes to indicate the type of cost represented (such as construction materials, property lease, or office supplies).''. (b) Conforming Amendment.--The table of contents for the Department of Energy Organization Act (Public Law 95-91; 91 Stat. 565) is amended by inserting after the item relating to section 217 the following: ``Sec. 218. Office of Fraud Oversight and Management.''. ______ SA 1541. Mr. KING submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title I, insert the following: SEC. 1__. BATTERY AND CRITICAL MINERAL RECYCLING. (a) Definition of Battery.--In this section, the term ``battery'' means a battery that is-- (1) rechargeable; and (2) electrochemical, including lithium ion and other chemistries. (b) Grants.-- (1) Battery recycling research, development, and demonstration grants.-- (A) In general.--The Secretary shall award multiyear grants to eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries, including by addressing-- (i) recycling processes; (ii) the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling, reuse, recovery, and recycling of battery components and materials; (iii) strategies to increase consumer acceptance of, and participation in, the recycling of batteries; and (iv) the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals. (B) Eligible entities.--The Secretary may award a grant under subparagraph (A) to-- (i) an institution of higher education; (ii) a National Laboratory; (iii) a Federal research agency; (iv) a State research agency; (v) a nonprofit organization; (vi) an industrial entity; (vii) a manufacturing entity; (viii) a private battery-collection entity; (ix) a State or municipal government entity; (x) a battery retailer; or (xi) a consortium of 2 or more entities described in clauses (i) through (x). (C) Applications.-- (i) In general.--To be eligible to receive a grant under subparagraph (A), an eligible entity described in subparagraph (B) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (ii) Contents.--An application submitted under clause (i) shall describe how the project will promote collaboration among-- (I) vehicle battery manufacturers; (II) other battery manufacturers; (III) battery material and equipment manufacturers; (IV) battery recyclers, collectors, and refiners; and (V) retailers. (2) State and local programs.-- (A) In general.--The Secretary shall establish a program under which the Secretary shall award grants, on a competitive basis, to States and units of local government to assist in the establishment or enhancement of State battery collection, recycling, and reprocessing programs. (B) Non-federal cost share.--The non-Federal share of the cost of a project carried out using a grant under this paragraph shall be 50 percent of the cost of the project. (C) Report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the number of battery collection points established or enhanced, an estimate of jobs created, and the quantity of material collected as a result of the grants awarded under subparagraph (A). (3) Retailers as collection points.-- (A) In general.--The Secretary shall award grants, on a competitive basis, to retailers that sell batteries to establish and implement a system for the acceptance and collection of used batteries for reuse, recycling, or proper disposal. (B) Collection system.--The system described in subparagraph (A) shall include take-back of used batteries at no cost to the consumer. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2021 through 2025. ______ SA 1542. Mr. KING submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title I, insert the following: SEC. 1__. TASK FORCE ON BATTERY PRODUCER REQUIREMENTS. (a) Definition of Battery.--In this section, the term ``battery'' means a battery that is-- (1) rechargeable; and (2) electrochemical, including lithium ion and other chemistries. (b) Task Force on Producer Requirements.-- (1) In general.--The Secretary shall convene a task force to develop an extended battery producer responsibility framework that-- (A) addresses battery recycling goals, cost structures for mandatory recycling, reporting requirements, product design, collection models, and transportation of collected materials; (B) provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework; and (C) outlines regulatory pathways for effective recycling. (2) Task force participants.--The task force convened under paragraph (1) shall include-- (A) battery producers, retailers, recyclers, collectors, and refiners; (B) States and municipalities; and (C) other relevant stakeholders, as determined by the Secretary. (3) Report.--Not later than 1 year after the date on which the Secretary convenes the task force under paragraph (1), the Secretary shall submit to Congress a report that-- (A) describes the extended producer responsibility framework developed by the task force; (B) includes the recommendations of the task force on how best to implement a mandatory pay-in or other enforcement mechanism to ensure battery producers and sellers [[Page S1639]] are contributing to the recycling of batteries; and (C) suggests regulatory pathways for effective recycling. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2021 through 2025. ______ SA 1543. Mr. KING submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: SEC. 1__. LITHIUM-ION BATTERY RECYCLING PRIZE COMPETITION. (a) In General.--The Secretary shall continue to carry out the existing Lithium-Ion Battery Recycling Prize competition of the Department established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). (b) Additional Funding for Pilot Projects.--In addition to any other funds made available to the Secretary to carry out the competition described in subsection (a), there is authorized to be appropriated to the Secretary to carry out Phase III of that competition $10,000,000 for fiscal year 2021, to remain available until expended, which the Secretary may use-- (1) to increase the number of winners of Phase III of that competition; (2) to increase the amount awarded to the winners of Phase III of that competition; or (3) to carry out any other activity that is consistent with the goals of Phase III of that competition, as determined by the Secretary. ______ SA 1544. Mr. HEINRICH submitted an amendment intended to be proposed to amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end of part II of subtitle B of title II, add the following: SEC. 22__. FERC TECHNICAL CONFERENCE ON WAYS TO INCREASE THE EFFECTIVENESS OF INTERREGIONAL TRANSMISSION PLANNING. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall convene a technical conference on ways to increase the effectiveness of the interregional transmission planning process. (b) Requirements.--The technical conference under subsection (a) shall-- (1) assess the effectiveness of existing transmission planning processes at identifying interregional transmission projects that provide economic, reliability, operational, and public policy benefits; and (2) consider-- (A) changes to the processes described in paragraph (1) to ensure that efficient, cost-effective, and broadly beneficial interregional transmission solutions are selected for construction, taking into consideration-- (i) the public interest; (ii) the integrity of markets; and (iii) the protection of consumers; and (B) cost allocation methodologies that reflect the multiple benefits provided by interregional transmission solutions. ______ SA 1545. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: On page 1, line 1, strike ``1'' and insert ``2''. ______ SA 1546. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: The provisions in this Act shall go into effect 3 day after enactment. ______ SA 1547. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: On page 1, line 1, strike ``3'' and insert ``4''. ______ SA 1548. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: The provisions in this Act shall go into effect 5 day after enactment. ______ SA 1549. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: The provisions in this Act shall go into effect 1 day after enactment. ______ SA 1550. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ____. LOW-INCOME HOMEOWNERSHIP AND AFFORDABLE HOUSING CONSIDERATIONS. Prior to establishing and revising building code targets, the Secretary, in consultation with the Secretary of Housing and Urban Development, as appropriate, shall certify that achieving the proposed targets will not increase-- (1) the cost of homeownership for individuals and households who are otherwise eligible for public housing assistance; or (2) costs to multifamily buildings participating in Federal assistance or loan guarantee programs, including-- (A) a multifamily building in a public housing project; (B) a multifamily building in a multifamily housing project receiving rental assistance under subsection (b) of section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that is attached to the structure pursuant to subsection (d)(2) of that section; and (C) a multifamily building for which the mortgage secured by the building is guaranteed by the Department of Housing and Urban Development. ______ SA 1551. Mr. CORNYN (for himself and Mr. Inhofe) submitted an amendment intended to be proposed to amendment SA 1514 proposed by Mr. Portman (for himself and Mrs. Shaheen) to the amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: On page 18, between lines 21 and 22, insert the following: ``(5) Low-income homeownership and affordable housing considerations.--In establishing and revising building code targets under paragraph (2), the Secretary shall not establish building code targets that will increase-- ``(A) the cost of homeownership for individuals and households who are otherwise eligible for public housing assistance; or ``(B) costs to multifamily buildings participating in Federal assistance or loan guarantee programs, including-- ``(i) a multifamily building in a public housing project; ``(ii) a multifamily building in a multifamily housing project receiving rental assistance under subsection (b) of section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that is attached to the structure pursuant to subsection (d)(2) of that section; and ``(iii) a multifamily building for which the mortgage secured by the building is guaranteed by the Department of Housing and Urban Development. ______ SA 1552. Mr. CORNYN submitted an amendment intended to be proposed to amendment SA 1514 proposed by Mr. Portman (for himself and Mrs. Shaheen) to the amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: On page 18, between lines 21 and 22, insert the following: ``(5) Low-income homeownership and affordable housing considerations.--Prior to establishing and revising building code targets under paragraph (2), the Secretary, in consultation with the Secretary of Housing and Urban Development, as appropriate, shall certify that achieving the proposed targets established under this section will not increase-- ``(A) the cost of homeownership for individuals and households who are otherwise eligible for public housing assistance; or ``(B) costs to multifamily buildings participating in Federal assistance or loan guarantee programs, including-- ``(i) a multifamily building in a public housing project; ``(ii) a multifamily building in a multifamily housing project receiving rental assistance under subsection (b) of section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that is attached to the structure pursuant to subsection (d)(2) of that section; and ``(iii) a multifamily building for which the mortgage secured by the building is guaranteed by the Department of Housing and Urban Development. [[Page S1640]] ______ SA 1553. Mr. CORNYN submitted an amendment intended to be proposed to amendment SA 1514 proposed by Mr. Portman (for himself and Mrs. Shaheen) to the amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: On page 18 of the amendment, strike lines 15 through 21 and insert the following: ``(4) Economic considerations.--In establishing and revising building code targets under paragraph (2), the Secretary shall-- ``(A) consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners, including a return on investment analysis; and ``(B) certify that the proposed targets would not-- ``(i) increase the total cost of the principal, interest, taxes, insurance, and utilities for individuals and households that are otherwise eligible for public housing assistance; or ``(ii) increase the cost to multifamily buildings participating in Federal assistance or loan guarantee programs. ______ SA 1554. Mr. CORNYN submitted an amendment intended to be proposed to amendment SA 1514 proposed by Mr. Portman (for himself and Mrs. Shaheen) to the amendment SA 1407 proposed by Ms. Murkowski to the bill S. 2657, to support innovation in advanced geothermal research and development, and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 20 of the amendment, strike line 11 and all that follows through page 23, line 21, and insert the following: ``(d) Administration.--In carrying out this section, ____________________
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