To add certain provisions relating to natural resources.

SA 3234. Ms. MURKOWSKI (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At end, add the following:

TITLE VI--NATURAL RESOURCES

Subtitle A--Land Conveyances and Related Matters

SEC. 6001. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.

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

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

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

SEC. 6003. LAND EXCHANGE IN CRAGS, COLORADO.

(a) Purposes.--The purposes of this section are--
(1) to authorize, direct, expedite, and facilitate the land
exchange set forth herein; and
(2) to promote enhanced public outdoor recreational and
natural resource conservation opportunities in the Pike
National Forest near Pikes Peak, Colorado, via acquisition of
the non-Federal land and trail easement.
(b) Definitions.--In this section:
(1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a
Colorado corporation.
(2) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 83 acres of land within the Pike National
Forest, El Paso County, Colorado, together with a non-
exclusive perpetual access easement to BHI to and from such
land on Forest Service Road 371, as generally depicted on the
map entitled ``Proposed Crags Land Exchange-Federal Parcel-
Emerald Valley Ranch'', dated March 2015.
(3) Non-federal land.--The term ``non-Federal land'' means
the land and trail easement to be conveyed to the Secretary
by BHI in the exchange and is--
(A) approximately 320 acres of land within the Pike
National Forest, Teller County, Colorado, as generally
depicted on the map entitled ``Proposed Crags Land Exchange-
Non-Federal Parcel-Crags Property'', dated March 2015; and
(B) a permanent trail easement for the Barr Trail in El
Paso County, Colorado, as generally depicted on the map
entitled ``Proposed Crags Land Exchange-Barr Trail Easement
to United States'', dated March 2015, and which shall be
considered as a voluntary donation to the United States by
BHI for all purposes of law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
(c) Land Exchange.--
(1) In general.--If BHI offers to convey to the Secretary
all right, title, and interest of BHI in and to the non-
Federal land, the Secretary shall accept the offer and
simultaneously convey to BHI the Federal land.
(2) Land title.--Title to the non-Federal land conveyed and
donated to the Secretary under this section shall be
acceptable to the Secretary and shall conform to the title
approval standards of the Attorney General of the United
States applicable to land acquisitions by the Federal
Government.
(3) Perpetual access easement to bhi.--The nonexclusive
perpetual access easement to be granted to BHI as shown on
the map referred to in subsection (b)(2) shall allow--
(A) BHI to fully maintain, at BHI's expense, and use Forest
Service Road 371 from its junction with Forest Service Road
368 in accordance with historic use and maintenance patterns
by BHI; and
(B) full and continued public and administrative access and
use of FSR 371 in accordance with the existing Forest Service
travel management plan, or as such plan may be revised by the
Secretary.
(4) Route and condition of road.--BHI and the Secretary may
mutually agree to improve, relocate, reconstruct, or
otherwise alter the route and condition of all or portions of
such road as the Secretary, in close consultation with BHI,
may determine advisable.
(5) Exchange costs.--BHI shall pay for all land survey,
appraisal, and other costs to the Secretary as may be
necessary to process and consummate the exchange directed by
this section, including reimbursement to the Secretary, if
the Secretary so requests, for staff time spent in such
processing and consummation.
(d) Equal Value Exchange and Appraisals.--
(1) Appraisals.--The values of the lands to be exchanged
under this section shall be determined by the Secretary
through appraisals performed in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practice;
(C) appraisal instructions issued by the Secretary; and
(D) shall be performed by an appraiser mutually agreed to
by the Secretary and BHI.
(2) Equal value exchange.--The values of the Federal and
non-Federal land parcels exchanged shall be equal, or if they
are not equal, shall be equalized as follows:
(A) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value
of the non-Federal land parcel identified in subsection
(b)(3)(A), BHI shall make a cash equalization payment to the
United States as necessary to achieve equal value, including,
if necessary, an amount in excess of that authorized pursuant
to section 206(b) of the Federal Land Policy and Management
Act of l976 (43 U.S.C. 1716(b)).
(B) Use of funds.--Any cash equalization moneys received by
the Secretary under subparagraph (A) shall be--
(i) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
(ii) made available to the Secretary for the acquisition of
land or interests in land in Region 2 of the Forest Service.
(C) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land parcel identified in
subsection (b)(3)(A) exceeds the final appraised value of the
Federal land, the United States shall not make a cash
equalization payment to BHI, and surplus value of the non-
Federal land shall be considered a donation by BHI to the
United States for all purposes of law.
(3) Appraisal exclusions.--
(A) Special use permit.--The appraised value of the Federal
land parcel shall not reflect any increase or diminution in
value due to the special use permit existing on the date of
the enactment of this Act to BHI on the parcel and
improvements thereunder.
(B) Barr trail easement.--The Barr Trail easement donation
identified in subsection (b)(3)(B) shall not be appraised for
purposes of this section.
(e) Miscellaneous Provisions.--
(1) Withdrawal provisions.--

[[Page S582]]

(A) Withdrawal.--Lands acquired by the Secretary under this
section shall, without further action by the Secretary, be
permanently withdrawn from all forms of appropriation and
disposal under the public land laws (including the mining and
mineral leasing laws) and the Geothermal Steam Act of 1930
(30 U.S.C. 1001 et seq.).
(B) Withdrawal revocation.--Any public land order that
withdraws the Federal land from appropriation or disposal
under a public land law shall be revoked to the extent
necessary to permit disposal of the Federal land parcel to
BHI.
(C) Withdrawal of federal land.--All Federal land
authorized to be exchanged under this section, if not already
withdrawn or segregated from appropriation or disposal under
the public lands laws upon enactment of this Act, is hereby
so withdrawn, subject to valid existing rights, until the
date of conveyance of the Federal land to BHI.
(2) Postexchange land management.--Land acquired by the
Secretary under this section shall become part of the Pike-
San Isabel National Forest and be managed in accordance with
the laws, rules, and regulations applicable to the National
Forest System.
(3) Exchange timetable.--It is the intent of Congress that
the land exchange directed by this section be consummated no
later than 1 year after the date of the enactment of this
Act.
(4) Maps, estimates, and descriptions.--
(A) Minor errors.--The Secretary and BHI may by mutual
agreement make minor boundary adjustments to the Federal and
non-Federal lands involved in the exchange, and may correct
any minor errors in any map, acreage estimate, or description
of any land to be exchanged.
(B) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this
section, the map shall control unless the Secretary and BHI
mutually agree otherwise.
(C) Availability.--Upon enactment of this Act, the
Secretary shall file and make available for public inspection
in the headquarters of the Pike-San Isabel National Forest a
copy of all maps referred to in this section.

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

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

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

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

SEC. 6006. COOPER SPUR LAND EXCHANGE CLARIFICATION
AMENDMENTS.

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

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

``(iv) Public review.--Before completing the land exchange
under this Act, the Secretary shall make available for public
review the complete appraisals of the land to be
exchanged.''; and
(B) by striking subparagraph (G) and inserting the
following:
``(G) Required conveyance conditions.--Prior to the
exchange of the Federal and non-Federal land--
``(i) the Secretary and Mt. Hood Meadows may mutually agree
for the Secretary to reserve a conservation easement to
protect the

[[Page S583]]

identified wetland in accordance with applicable law, subject
to the requirements that--

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

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

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

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

SEC. 6007. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.

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

SEC. 6008. BLACK HILLS NATIONAL CEMETERY BOUNDARY
MODIFICATION.

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

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

(iv) Costs.--The Secretary of Veterans Affairs shall
reimburse the Secretary for the costs incurred by the
Secretary in carrying out this subparagraph, including the
costs of any surveys and other reasonable costs.
(2) Withdrawal.--Subject to valid existing rights, for any
period during which the Federal land is under the
administrative jurisdiction of the Secretary of Veterans
Affairs, the Federal land--
(A) is withdrawn from all forms of appropriation under the
public land laws, including the mining laws, the mineral
leasing laws, and the geothermal leasing laws; and
(B) shall be treated as property as defined under section
102(9) of title 40, United States Code.
(3) Boundary modification.--The boundary of the Cemetery is
modified to include the Federal land.
(4) Modification of public land order.--Public Land Order
2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to
exclude the Federal land.
(c) Subsequent Transfer of Administrative Jurisdiction.--
(1) Notice.--On a determination by the Secretary of
Veterans Affairs that all or a portion of the Federal land is
not being used for purposes of the Cemetery, the Secretary of
Veterans Affairs shall notify the Secretary of the
determination.
(2) Transfer of administrative jurisdiction.--Subject to
paragraphs (3) and (4), the Secretary of Veterans Affairs
shall transfer to the Secretary administrative jurisdiction
over the Federal land subject to a notice under paragraph
(1).
(3) Decontaminaton.--The Secretary of Veterans Affairs
shall be responsible for the costs of any decontamination of
the Federal land subject to a notice under paragraph (1) that
the Secretary determines to be necessary for the Federal land
to be restored to public land status.
(4) Restoration to public land status.--The Federal land
subject to a notice under paragraph (1) shall only be
restored to public land status on--
(A) acceptance by the Secretary of the Federal land subject
to the notice; and

[[Page S584]]

(B) a determination by the Secretary that the Federal land
subject to the notice is suitable for--
(i) restoration to public land status; and
(ii) the operation of 1 or more of the public land laws
with respect to the Federal land.
(5) Order.--If the Secretary accepts the Federal land under
paragraph (4)(A) and makes a determination of suitability
under paragraph (4)(B), the Secretary may--
(A) open the accepted Federal land to operation of 1 or
more of the public land laws; and
(B) issue an order to carry out the opening authorized
under subparagraph (A).

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

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

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

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

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

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

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

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

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means--
(A) P.S. 103, the public school located in West Baltimore,
Maryland, which Thurgood Marshall attended as a youth; and
(B) any other resources in the neighborhood surrounding
P.S. 103 that relate to the early life of Thurgood Marshall.
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;

[[Page S585]]

(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(4) Report.--Not later than 3 years after the date on which
funds are first made available to carry out the study under
paragraph (1), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(A) the results of the study; and
(B) any conclusions and recommendations of the Secretary.

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

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

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

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

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

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

SEC. 6108. ADVISORY COUNCIL ON HISTORIC PRESERVATION.

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

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

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

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

PART I--NATIONAL POLICY

SEC. 6201. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.

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

PART II--SPORTSMEN'S ACCESS TO FEDERAL LAND

SEC. 6211. DEFINITIONS.

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

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

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

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

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

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

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

(II) made available in advance of the public comment period
to local offices, chapters,

[[Page S586]]

and affiliate organizations in the vicinity of the closure
that are signatories to the memorandum of understanding
entitled ``Federal Lands Hunting, Fishing, and Shooting
Sports Roundtable Memorandum of Understanding''; and
(III) that describes--

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

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

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

SEC. 6214. SHOOTING RANGES.

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

SEC. 6215. FEDERAL ACTION TRANSPARENCY.

(a) Modification of Equal Access to Justice Provisions.--
(1) Agency proceedings.--Section 504 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by striking ``, United States
Code'';
(B) by redesignating subsection (f) as subsection (i); and
(C) by striking subsection (e) and inserting the following:
``(e)(1) Not later than March 31 of the first fiscal year
beginning after the date of enactment of the Energy Policy
Modernization Act of 2016, and every fiscal year thereafter,
the Chairman of the Administrative Conference of the United
States, after consultation with the Chief Counsel for
Advocacy of the Small Business Administration, shall submit
to Congress and make publicly available online a report on
the amount of fees and other expenses awarded during the
preceding fiscal year under this section.
``(2) Each report under paragraph (1) shall describe the
number, nature, and amount of the awards, the claims involved
in the controversy, and any other relevant information that
may aid Congress in evaluating the scope and impact of such
awards.
``(3)(A) Each report under paragraph (1) shall account for
all payments of fees and other expenses awarded under this
section that are made pursuant to a settlement agreement,
regardless of whether the settlement agreement is sealed or
otherwise subject to a nondisclosure provision.
``(B) The disclosure of fees and other expenses required
under subparagraph (A) shall not affect any other information
that is subject to a nondisclosure provision in a settlement
agreement.
``(f) As soon as practicable, and in any event not later
than the date on which the first report under subsection
(e)(1) is required to be submitted, the Chairman of the
Administrative Conference of the United States shall create
and maintain online a searchable database containing, with
respect to each award of fees and other expenses under this
section made on or after the date of enactment of the Energy
Policy Modernization Act of 2016, the following information:
``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case, if
available.
``(2) The name of the agency involved in the adversary
adjudication.
``(3) A description of the claims in the adversary
adjudication.
``(4) The name of each party to whom the award was made as
such party is identified in the order or other court document
making the award.
``(5) The amount of the award.
``(6) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in
subsection (f) may not reveal any information the disclosure
of which is prohibited by law or a court order.
``(h) The head of each agency shall provide to the Chairman
of the Administrative Conference of the United States in a
timely manner all information requested by the Chairman to
comply with the requirements of subsections (e), (f), and
(g).''.
(2) Court cases.--Section 2412(d) of title 28, United
States Code, is amended by adding at the end the following:
``(5)(A) Not later than March 31 of the first fiscal year
beginning after the date of enactment of the Energy Policy
Modernization Act of 2016, and every fiscal year thereafter,
the Chairman of the Administrative Conference of the United
States shall submit to Congress and make publicly available
online a report on the amount of fees and other expenses
awarded during the preceding fiscal year pursuant to this
subsection.
``(B) Each report under subparagraph (A) shall describe the
number, nature, and amount of the awards, the claims involved
in the controversy, and any other relevant information that
may aid Congress in evaluating the scope and impact of such
awards.
``(C)(i) Each report under subparagraph (A) shall account
for all payments of fees and other expenses awarded under
this subsection that are made pursuant to a settlement
agreement, regardless of whether the settlement agreement is
sealed or otherwise subject to a nondisclosure provision.
``(ii) The disclosure of fees and other expenses required
under clause (i) shall not affect any other information that
is subject to a nondisclosure provision in a settlement
agreement.
``(D) The Chairman of the Administrative Conference of the
United States shall include and clearly identify in each
annual report under subparagraph (A), for each case in which
an award of fees and other expenses is included in the
report--
``(i) any amounts paid under section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(6) As soon as practicable, and in any event not later
than the date on which the first report under paragraph
(5)(A) is required to be submitted, the Chairman of the
Administrative Conference of the United States shall create
and maintain online a searchable database containing, with
respect to each award of fees and other expenses under this
subsection made on or after the date of enactment of the
Energy Policy Modernization Act of 2016, the following
information:
``(A) The case name and number, hyperlinked to the case, if
available.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made as
such party is identified in the order or other court document
making the award.
``(D) A description of the claims in the case.
``(E) The amount of the award.
``(F) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(7) The online searchable database described in paragraph
(6) may not reveal any information the disclosure of which is
prohibited by law or a court order.
``(8) The head of each agency (including the Attorney
General of the United States) shall provide to the Chairman
of the Administrative Conference of the United States in a
timely manner all information requested by the Chairman to
comply with the requirements of paragraphs (5), (6), and
(7).''.
(3) Technical and conforming amendments.--Section 2412 of
title 28, United States Code, is amended--

[[Page S587]]

(A) in subsection (d)(3), by striking ``United States
Code,''; and
(B) in subsection (e)--
(i) by striking ``of section 2412 of title 28, United
States Code,'' and inserting ``of this section''; and
(ii) by striking ``of such title'' and inserting ``of this
title''.
(b) Judgment Fund Transparency.--Section 1304 of title 31,
United States Code, is amended by adding at the end the
following:
``(d) Beginning not later than the date that is 60 days
after the date of enactment of the Energy Policy
Modernization Act of 2016, and unless the disclosure of such
information is otherwise prohibited by law or a court order,
the Secretary of the Treasury shall make available to the
public on a website, as soon as practicable, but not later
than 30 days after the date on which a payment under this
section is tendered, the following information with regard to
that payment:
``(1) The name of the specific agency or entity whose
actions gave rise to the claim or judgment.
``(2) The name of the plaintiff or claimant.
``(3) The name of counsel for the plaintiff or claimant.
``(4) The amount paid representing principal liability, and
any amounts paid representing any ancillary liability,
including attorney fees, costs, and interest.
``(5) A brief description of the facts that gave rise to
the claim.
``(6) The name of the agency that submitted the claim.''.

PART III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

SEC. 6221. COMMERCIAL FILMING.

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

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

SEC. 6231. BOWS IN PARKS.

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

``Sec. 104909. Bows in parks

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

``104909. Bows in parks.''.

SEC. 6232. WILDLIFE MANAGEMENT IN PARKS.

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

``SEC. 104910. WILDLIFE MANAGEMENT IN PARKS.

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

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

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

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to land
administered by--
(i) the Director of the National Park Service;
(ii) the Director of the United States Fish and Wildlife
Service; and
(iii) the Director of the Bureau of Land Management; and
(B) the Secretary of Agriculture, with respect to land
administered by the Chief of the Forest Service.
(2) State or regional office.--The term ``State or regional
office'' means--
(A) a State office of the Bureau of Land Management; or
(B) a regional office of--
(i) the National Park Service;
(ii) the United States Fish and Wildlife Service; or
(iii) the Forest Service.
(3) Travel management plan.--The term ``travel management
plan'' means a plan for the management of travel--
(A) with respect to land under the jurisdiction of the
National Park Service, on park roads and designated routes
under section 4.10 of title 36, Code of Federal Regulations
(or successor regulations);
(B) with respect to land under the jurisdiction of the
United States Fish and Wildlife Service, on the land under a
comprehensive conservation plan prepared under section 4(e)
of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd(e));
(C) with respect to land under the jurisdiction of the
Forest Service, on National Forest System land under part 212
of title 36, Code of Federal Regulations (or successor
regulations); and
(D) with respect to land under the jurisdiction of the
Bureau of Land Management, under a resource management plan
developed under the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(b) Priority Lists Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, annually during the 10-year period
beginning on the date on which the first priority list is

[[Page S588]]

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

PART V--FEDERAL LAND TRANSACTION FACILITATION ACT

SEC. 6241. FEDERAL LAND TRANSACTION FACILITATION ACT.

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

PART VI--MISCELLANEOUS

SEC. 6251. RESPECT FOR TREATIES AND RIGHTS.

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

SEC. 6252. NO PRIORITY.

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

Subtitle D--Water Infrastructure and Related Matters

PART I--FONTENELLE RESERVOIR

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

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

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

(iii) the construction of the modification of the
Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of
March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395),
and as a condition of providing any additional storage under
subsection (a), the State of Wyoming shall provide to the
Secretary of the Interior funds for any work carried out
under subsection (a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary of the Interior may enter
into contracts with the State of Wyoming, on such terms and
conditions as the Secretary of the Interior and the State of
Wyoming may agree, for division of any additional active
capacity made available under subsection (a).
(2) Terms and conditions.--Unless otherwise agreed to by
the Secretary of the Interior and the State of Wyoming, a
contract entered into under paragraph (1) shall be subject to
the terms and conditions of Bureau of Reclamation Contract
No. 14-06-400-2474 and Bureau of Reclamation Contract No. 14-
06-400-6193.

[[Page S589]]

SEC. 6302. SAVINGS PROVISIONS.

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

PART II--BUREAU OF RECLAMATION TRANSPARENCY

SEC. 6311. DEFINITIONS.

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

SEC. 6312. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED
WORKS.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
an Asset Management Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved works at
Reclamation facilities; and
(B) to standardize and streamline data reporting and
processes across regions and areas for the purpose of
maintaining reserved works at Reclamation facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of major
repair and rehabilitation needs of individual Reclamation
facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the appropriations
needed to complete each item; and
(B) an assignment of a categorical rating for each item,
consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings under
paragraph (2)(B) shall be--
(i) consistent with existing uniform categorization systems
to inform the annual budget process and agency requirements;
and
(ii) subject to the guidance and instructions issued under
subparagraph (B).
(B) Guidance.--As soon as practicable after the date of
enactment of this Act, the Secretary shall issue guidance
that describes the applicability of the rating system
applicable under paragraph (2)(B) to Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publicly available, including
on the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--The Secretary may exclude from the
public version of the Asset Management Report made available
under paragraph (4) any information that the Secretary
identifies as sensitive or classified, but shall make
available to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives a version of the report containing
the sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on
which the Asset Management Report is submitted under
subsection (a) and biennially thereafter, the Secretary shall
update the Asset Management Report, subject to the
requirements of section 6313(b)(2).
(d) Consultation.--To the extent that such consultation
would assist the Secretary in preparing the Asset Management
Report under subsection (a) and updates to the Asset
Management Report under subsection (c), the Secretary shall
consult with--
(1) the Secretary of the Army (acting through the Chief of
Engineers); and
(2) water and power contractors.

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

(a) In General.--The Secretary shall coordinate with the
non-Federal entities responsible for the operation and
maintenance of transferred works in developing reporting
requirements for Asset Management Reports with respect to
major repair and rehabilitation needs for transferred works
that are similar to the reporting requirements described in
section 6312(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable,
the rating system for major repair and rehabilitation needs
for reserved works developed under section 6312(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 6312(c).

SEC. 6314. OFFSET.

Notwithstanding any other provision of law, in the case of
the project authorized by section 1617 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h-12c), the maximum amount of the Federal share of the
cost of the project under section 1631(d)(1) of that Act (43
U.S.C. 390h-13(d)(1)) otherwise available as of the date of
enactment of this Act shall be reduced by $2,000,000.

PART III--YAKIMA RIVER BASIN WATER ENHANCEMENT

SEC. 6321. SHORT TITLE.

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

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

(a) Modification of Terms.--Title XII of Public Law 103-434
(108 Stat. 4550) is amended--
(1) by striking ``Yakama Indian'' each place it appears
(except section 1204(g)) and inserting ``Yakama''; and
(2) by striking ``Superintendent'' each place it appears
and inserting ``Manager''.
(b) Modification of Purposes.--Section 1201 of Public Law
103-434 (108 Stat. 4550) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to protect, mitigate, and enhance fish and wildlife
and the recovery and maintenance of self-sustaining
harvestable populations of fish and other aquatic life, both
anadromous and resident species, throughout their historic
distribution range in the Yakima Basin through--
``(A) improved water management and the constructions of
fish passage at storage and diversion dams, as authorized
under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et
seq.);
``(B) improved instream flows and water supplies;
``(C) improved water quality, watershed, and ecosystem
function;
``(D) protection, creation, and enhancement of wetlands;
and
``(E) other appropriate means of habitat improvement;'';

[[Page S590]]

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

SEC. 6323. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

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

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

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

[[Page S591]]

the `Confederated Tribes and Bands of the Yakama Nation'.''.
(b) Operation of Yakima Basin Projects.--Section 1205 of
Public Law 103-434 (108 Stat. 4557) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--

(I) in clause (i)--

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

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

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

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

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

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

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

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

``(a) Integrated Plan.--
``(1) In general.--The Secretary shall implement the
Integrated Plan as Phase III of the Yakima River Basin Water
Enhancement Project in accordance with this section and
applicable laws.
``(2) Initial development phase of the integrated plan.--
``(A) In general.--The Secretary, in coordination with the
State of Washington and Yakama Nation and subject to
feasibility studies, environmental reviews, and the
availability of appropriations, shall implement an initial
development phase of the Integrated Plan, to--
``(i) complete the planning, design, and construction or
development of upstream and downstream fish passage
facilities, as previously authorized by the Hoover Power
Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum
Reservoir and another Yakima Project reservoir identified by
the Secretary as consistent with the Integrated Plan, subject
to the condition that, if the Yakima Project reservoir
identified by the Secretary contains a hydropower project
licensed by the Federal Energy Regulatory Commission, the
Secretary shall cooperate with the Federal Energy Regulatory
Commission in a timely manner to ensure that actions taken by
the Secretary are consistent with the applicable hydropower
project license;
``(ii) negotiate long-term agreements with participating
proratable irrigation entities in the Yakima Basin and,
acting through the Bureau of Reclamation, coordinate between
Bureaus of the Department of the Interior and with the heads
of other Federal agencies to negotiate agreements concerning
leases, easements, and rights-of-way on Federal land, and
other terms and conditions determined to be necessary to
allow for the non-Federal financing, construction, operation,
and maintenance of--

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

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

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

[[Page S592]]

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

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

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

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

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

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

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

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

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

``(I) to enhance the water supply in years when the total
water supply available is not sufficient to provide 70
percent of proratable entitlements in order to make that
additional water available up to 70 percent of proratable
entitlements to the Kittitas Reclamation District, the Roza
Irrigation District, or other proratable irrigation entities
participating in the construction, operation, and maintenance
costs of the facilities under this title under such terms and
conditions to which the districts may agree, subject to the
conditions that--

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

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

``(B) Effect of paragraph.--Nothing in this paragraph
affects (as in existence on the date of enactment of this
section) any contract, law (including regulations) relating
to repayment costs, water right, or Yakama Nation treaty
right.
``(3) Commencement.--The Secretary shall not commence
entering into agreements pursuant to subsection (a)(2)(A)(ii)
or subsection (b)(1) or implementing any activities pursuant
to the agreements before the date on which--
``(A) all applicable and required feasibility studies,
environmental reviews, and cost-benefit analyses have been
completed and include favorable recommendations for further

[[Page S593]]

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

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

``The Secretary shall retain authority and discretion over
the management of project supplies to optimize operational
use and flexibility to ensure compliance with all applicable
Federal and State laws, treaty rights of the Yakama Nation,
and legal obligations, including those contained in this Act.
That authority and discretion includes the ability of the
United States to store, deliver, conserve, and reuse water
supplies deriving from projects authorized under this
title.''.

PART IV--RESERVOIR OPERATION IMPROVEMENT

SEC. 6331. RESERVOIR OPERATION IMPROVEMENT.

(a) Definitions.--In this section:
(1) Reserved works.--The term ``reserved works'' means any
Bureau of Reclamation project facility at which the Secretary
of the Interior carries out the operation and maintenance of
the project facility.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(3) Transferred works.--The term ``transferred works''
means a Bureau of Reclamation project facility, the operation
and maintenance of which is carried out by a non-Federal
entity, under the provisions of a formal operation and
maintenance transfer contract.
(4) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
that is contractually responsible for operation and
maintenance of transferred works.
(b) Report.--Not later than 360 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Environment and Public
Works of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
including, for any State in which a county designated by the
Secretary of Agriculture as a drought disaster area during
water year 2015 is located, a list of projects, including
Corps of Engineers projects, and those non-Federal projects
and transferred works that are operated for flood control in
accordance with rules prescribed by the Secretary pursuant to
section 7 of the

[[Page S594]]

Act of December 22, 1944 (commonly known as the ``Flood
Control Act of 1944'') (58 Stat. 890, chapter 665),
including, as applicable--
(1) the year the original water control manual was
approved;
(2) the year for any subsequent revisions to the water
control plan and manual of the project;
(3) a list of projects for which--
(A) operational deviations for drought contingency have
been requested;
(B) the status of the request; and
(C) a description of how water conservation and water
quality improvements were addressed; and
(4) a list of projects for which permanent or seasonal
changes to storage allocations have been requested, and the
status of the request.
(c) Project Identification.--Not later than 60 days after
the date of completion of the report under subsection (b),
the Secretary shall identify any projects described in the
report--
(1) for which the modification of the water operations
manuals, including flood control rule curve, would be likely
to enhance existing authorized project purposes, including
for water supply benefits and flood control operations;
(2) for which the water control manual and
hydrometeorological information establishing the flood
control rule curves of the project have not been
substantially revised during the 15-year period ending on the
date of review by the Secretary; and
(3) for which the non-Federal sponsor or sponsors of a
Corps of Engineers project, the owner of a non-Federal
project, or the non-Federal transferred works operating
entity, as applicable, has submitted to the Secretary a
written request to revise water operations manuals, including
flood control rule curves, based on the use of improved
weather forecasting or run-off forecasting methods, new
watershed data, changes to project operations, or structural
improvements.
(d) Pilot Projects.--
(1) In general.--Not later than 1 year after the date of
identification of projects under subsection (c), if any, the
Secretary shall carry out not fewer than 15 pilot projects,
which shall include not less than 6 non-Federal projects, to
implement revisions of water operations manuals, including
flood control rule curves, based on the best available
science, which may include--
(A) forecast-informed operations;
(B) new watershed data; and
(C) if applicable, in the case of non-Federal projects,
structural improvements.
(2) Consultation.--In implementing a pilot project under
this subsection, the Secretary shall consult with all
affected interests, including--
(A) non-Federal entities responsible for operations and
maintenance costs of a Federal facility;
(B) individuals and entities with storage entitlements; and
(C) local agencies with flood control responsibilities
downstream of a facility.
(e) Coordination With Non-federal Project Entities.--If a
project identified under subsection (c) is--
(1) a non-Federal project, the Secretary, prior to carrying
out an activity under this section, shall--
(A) consult with the non-Federal project owner; and
(B) enter into a cooperative agreement, memorandum of
understanding, or other agreement with the non-Federal
project owner describing the scope and goals of the activity
and the coordination among the parties; and
(2) a Federal project, the Secretary, prior to carrying out
an activity under this section, shall--
(A) consult with each Federal and non-Federal entity
(including a municipal water district, irrigation district,
joint powers authority, transferred works operating entity,
or other local governmental entity) that currently--
(i) manages (in whole or in part) a Federal dam or
reservoir; or
(ii) is responsible for operations and maintenance costs;
and
(B) enter into a cooperative agreement, memorandum of
understanding, or other agreement with each such entity
describing the scope and goals of the activity and the
coordination among the parties.
(f) Consideration.--In designing and implementing a
forecast-informed reservoir operations plan under subsection
(d) or (g), the Secretary may consult with the appropriate
agencies within the Department of the Interior and the
Department of Commerce with expertise in atmospheric,
meteorological, and hydrologic science to consider--
(1) the relationship between ocean and atmospheric
conditions, including--
(A) the El Nino and La Nina cycles; and
(B) the potential for above-normal, normal, and below-
normal rainfall for the coming water year, including
consideration of atmospheric river forecasts;
(2) the precipitation and runoff index specific to the
basin and watershed of the relevant dam or reservoir,
including incorporating knowledge of hydrological and
meteorological conditions that influence the timing and
quantity of runoff;
(3) improved hydrologic forecasting for precipitation,
snowpack, and soil moisture conditions;
(4) an adjustment of operational flood control rule curves
to optimize water supply storage and reliability, hydropower
production, environmental benefits for flows and temperature,
and other authorized project benefits, without a reduction in
flood safety; and
(5) proactive management in response to changes in
forecasts.
(g) Funding.--The Secretary may accept and expend amounts
from non-Federal entities and other Federal agencies to fund
all or a portion of the cost of carrying out a review or
revision of operational documents, including water control
plans, water control manuals, water control diagrams, release
schedules, rule curves, operational agreements with non-
Federal entities, and any associated environmental
documentation for--
(1) a Corps of Engineers project;
(2) a non-Federal project regulated for flood control by
the Secretary; or
(3) a Bureau of Reclamation transferred works regulated for
flood control by the Secretary.
(h) Effect.--
(1) Manual revisions.--A revision of a manual shall not
interfere with the authorized purposes of a Federal project
or the existing purposes of a non-Federal project regulated
for flood control by the Secretary.
(2) Effect of section.--
(A) Nothing in this section authorizes the Secretary to
carry out, at a Federal dam or reservoir, any project or
activity for a purpose not otherwise authorized as of the
date of enactment of this Act.
(B) Nothing in this section affects or modifies any
obligation of the Secretary under State law.
(C) Nothing in this section affects or modifies any
obligation to comply with any applicable Federal law.
(3) Bureau of reclamation reserved works excluded.--This
section--
(A) shall not apply to any dam or reservoir operated by the
Bureau of Reclamation as a reserved work, unless all non-
Federal project sponsors of a reserved work jointly provide
to the Secretary a written request for application of this
section to the project; and
(B) shall apply only to Bureau of Reclamation transferred
works at the written request of the transferred works
operating entity.
(4) Prior studies.--The Secretary shall--
(A) to the maximum extent practicable, coordinate the
efforts of the Secretary in carrying out subsections (b),
(c), and (d) with the efforts of the Secretary in
completing--
(i) the report required under section 1046(a)(2)(A) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
2319 note; Public Law 113-121); and
(ii) the updated report required under subsection (a)(2)(B)
of that section; and
(B) if the reports are available before the date on which
the Secretary carries out the actions described in
subsections (b), (c), and (d), consider the findings of the
reports described in clauses (i) and (ii) of subparagraph
(A).
(i) Modifications to Manuals and Curves.--Not later than
180 days after the date of completion of a modification to an
operations manual or flood control rule curve, the Secretary
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
regarding the components of the forecast-based reservoir
operations plan incorporated into the change.

PART V--HYDROELECTRIC PROJECTS

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

(a) Definitions.--In this section:
(1) Terror lake hydroelectric project.--The term ``Terror
Lake Hydroelectric Project'' means the project identified in
section 1325 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3212), and which is Federal
Energy Regulatory Commission project number 2743.
(2) Upper hidden basin diversion expansion.--The term
``Upper Hidden Basin Diversion Expansion'' means the
expansion of the Terror Lake Hydroelectric Project as
generally described in Exhibit E to the Upper Hidden Basin
Grant Application dated July 2, 2014 and submitted to the
Alaska Energy Authority Renewable Energy Fund Round VIII by
Kodiak Electric Association, Inc.
(b) Authorization.--The licensee for the Terror Lake
Hydroelectric Project may occupy not more than 20 acres of
Federal land to construct, operate, and maintain the Upper
Hidden Basin Diversion Expansion without further
authorization of the Secretary of the Interior or under the
Alaska National Interest Lands Conservation Act (16 U.S.C.
3101 et seq.).
(c) Savings Clause.--The Upper Hidden Basin Diversion
Expansion shall be subject to appropriate terms and
conditions included in an amendment to a license issued by
the Federal Energy Regulatory Commission pursuant to the
Federal Power Act (16 U.S.C. 791a et seq.), including section
4(e) of that Act (16 U.S.C. 797(e)), following an
environmental review by the Commission under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

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

(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.

[[Page S595]]

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

SEC. 6343. EXTENSION OF DEADLINE FOR HYDROELECTRIC PROJECT.

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

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

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

SEC. 6345. EQUUS BEDS DIVISION EXTENSION.

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

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

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

PART VI--PUMPED STORAGE HYDROPOWER COMPENSATION

SEC. 6351. PUMPED STORAGE HYDROPOWER COMPENSATION.

Not later than 180 days after the date of enactment of this
Act, the Federal Energy Regulatory Commission shall initiate
a proceeding to identify and determine the market,
procurement, and cost recovery mechanisms that would--
(1) encourage development of pumped storage hydropower
assets; and
(2) properly compensate those assets for the full range of
services provided to the power grid, including--
(A) balancing electricity supply and demand;
(B) ensuring grid reliability; and
(C) cost-effectively integrating intermittent power sources
into the grid.
______