To modify provisions relating to the Department of the Interior.

SA 1846. Mr. REID (for himself and Mr. Ensign) submitted an amendment
intended to be proposed to amendment SA 1813 submitted by Mr. Dorgan to
the bill H.R. 3183, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2010, and for other purposes; as follows:

Beginning on page 26, strike line 1 and all that follows
through page 32, line 14, and insert the following:
Sec. 206.  Section 208(a) of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2268), is amended--
(1) in paragraph (1)--
(A) by redesignating clauses (i) through (iv) of
subparagraph (B) as subclauses (I) through (IV),
respectively, and indenting the subclauses appropriately;
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting the clauses
appropriately;
(C) by striking ``(a)(1) Using'' and inserting the
following:
``(a) Action by Secretary.--
``(1) Provision of funds.--
``(A) In general.--Using'';
(D) in subparagraph (A) (as so redesignated)--
(i) in the matter preceding clause (i) (as so
redesignated), by inserting ``or the National Fish and
Wildlife Foundation'' after ``University of Nevada'';
(ii) in clause (i) (as so redesignated), by striking ``,
Nevada; and'' and inserting a semicolon;
(iii) in clause (ii)(IV) (as so redesignated), by striking
the period at the end and inserting ``; and''; and

[[Page S8206]]

(iv) by adding at the end the following:
``(iii) to design and implement conservation and
stewardship measures to address impacts from activities
carried out--

``(I) under clause (i); and
``(II) in conjunction with willing landowners.''; and

(E) by adding at the end the following:
``(B) National fish and wildlife foundation.--
``(i) Date of provision.--The Secretary shall provide funds
to the National Fish and Wildlife Foundation pursuant to
subparagraph (A) in an advance payment of the available
amount--

``(I) on the date of enactment of the Energy and Water
Development and Related Agencies Appropriations Act, 2010; or
``(II) as soon as practicable after that date of enactment.

``(ii) Requirements.--

``(I) In general.--Except as provided in subclause (II),
the funds provided under clause (i) shall be subject to the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.), in accordance with section 10(b)(1) of
that Act (16 U.S.C. 3709(b)(1)).
``(II) Exceptions.--Sections 4(e) and 10(b)(2) of the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e), 3709(b)(2)), and the provision of subsection
(c)(2) of section 4 of that Act (16 U.S.C. 3703) relating to
subsection (e) of that section, shall not apply to the funds
provided under clause (i).''; and

(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``paragraph (1)(A)'' and all that follows through
``beneficial to--'' and inserting ``paragraph (1)(A)(i), the
University of Nevada or the National Fish and Wildlife
Foundation shall make acquisitions that the University or the
Foundation determines to be the most beneficial to--''; and
(B) in subparagraph (A), by striking ``paragraph (1)(B)''
and inserting ``paragraph (1)(A)(ii)''.
Sec. 207.  Section 2507(b) of the Farm Security and Rural
Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
171) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) for efforts consistent with researching, supporting,
and conserving fish, wildlife, plant, and habitat resources
in the Walker River Basin.''.
Sec. 208. (a) Of the amounts made available under section
2507 of the Farm Security and Rural Investment Act of 2002
(43 U.S.C. 2211 note; Public Law 107-171), the Secretary of
the Interior, acting through the Commissioner of Reclamation,
shall--
(1) provide, in accordance with section 208(a)(1)(A)(i) of
the Energy and Water Development Appropriations Act, 2006
(Public Law 109-103; 119 Stat. 2268), and subject to
subsection (b), $66,200,000 to establish the Walker Basin
Restoration Program for the primary purpose of restoring and
maintaining Walker Lake, a natural desert terminal lake in
the State of Nevada, consistent with protection of the
ecological health of the Walker River and the riparian and
watershed resources of the West, East, and Main Walker
Rivers; and
(2) allocate--
(A) acting through a nonprofit conservation organization
that is acting in consultation with the Truckee Meadows Water
Authority, $2,000,000, to remain available until expended,
for--
(i) the acquisition of land surrounding Independence Lake;
and
(ii) protection of the native fishery and water quality of
Independence Lake, as determined by the nonprofit
conservation organization;
(B) $5,000,000 to provide grants of equal amounts to the
State of Nevada, the State of California, the Truckee Meadows
Water Authority, the Pyramid Lake Paiute Tribe, and the
Federal Watermaster of the Truckee River to implement the
Truckee-Carson-Pyramid Lake Water Rights Settlement Act
(Public Law 101-618; 104 Stat. 3289);
(C) $1,500,000, to be divided equally by the city of
Fernley, Nevada, and the Pyramid Lake Paiute Tribe, for joint
planning and development activities for water, wastewater,
and sewer facilities; and
(D) $1,000,000 to the United States Geological Survey to
design and implement, in consultation and cooperation with
other Federal departments and agencies, State and tribal
governments, and other water management and conservation
organizations, a water monitoring program for the Walker
River Basin.
(b)(1) The amount made available under subsection (a)(1)
shall be--
(A) used, consistent with the primary purpose set forth in
subsection (a)(1), to support efforts to preserve Walker Lake
while protecting agricultural, environmental, and habitat
interests in the Walker River Basin; and
(B) allocated as follows:
(i) $25,000,000 to the Walker River Irrigation District,
acting in accordance with an agreement between that District
and the National Fish and Wildlife Foundation--
(I) to administer and manage a 3-year water leasing
demonstration program in the Walker River Basin to increase
Walker Lake inflows; and
(II) for use in obtaining information regarding the
establishment, budget, and scope of a longer-term leasing
program.
(ii) $25,000,000 to advance the acquisition of water and
related interests from willing sellers authorized by section
208(a)(1)(A)(i) of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
2268).
(iii) $1,000,000 for activities relating to the exercise of
acquired option agreements and implementation of the water
leasing demonstration program, including but not limited to
the pursuit of change applications, approvals, and agreements
pertaining to the exercise of water rights and leases
acquired under the program.
(iv) $10,000,000 for associated conservation and
stewardship activities, including water conservation and
management, watershed planning, land stewardship, habitat
restoration, and the establishment of a local, nonprofit
entity to hold and exercise water rights acquired by, and to
achieve the purposes of, the Walker Basin Restoration
Program.
(v) $5,000,000 to the University of Nevada, Reno, and the
Desert Research Institute--
(I) for additional research to supplement the water rights
research conducted under section 208(a)(1)(A)(ii) of the
Energy and Water Development Appropriations Act, 2006 (Public
Law 109-103; 119 Stat. 2268);
(II) to conduct an annual evaluation of the results of the
activities carried out under clauses (i) and (ii); and
(III) to support and provide information to the programs
described in this subparagraph and related acquisition and
stewardship initiatives to preserve Walker Lake and protect
agricultural, environmental, and habitat interests in the
Walker River Basin.
(vi) $200,000 to support alternative crops and alternative
agricultural cooperatives programs in Lyon County, Nevada,
that promote water conservation in the Walker River Basin.
(2)(A) The amount made available under subsection (a)(1)
shall be provided to the National Fish and Wildlife
Foundation--
(i) in an advance payment of the entire amount--
(I) on the date of enactment of this Act; or
(II) as soon as practicable after that date of enactment;
and
(ii) except as provided in subparagraph (B), subject to the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.), in accordance with section 10(b)(1) of
that Act (16 U.S.C. 3709(b)(1)).
(B) Sections 4(e) and 10(b)(2) of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3703(e),
3709(b)(2)), and the provision of subsection (c)(2) of
section 4 of that Act (16 U.S.C. 3703) relating to subsection
(e) of that section, shall not apply to the amount made
available under subsection (a)(1).
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