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“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S1143-S1147 on Feb. 7, 2019.
The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 158. Mr. GRASSLEY (for Mr. Lankford (for himself, Mr. Inhofe, Mr. Cornyn, and Mr. Rubio)) proposed an amendment to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; as follows:
Beginning on page 468, strike line 1 and all that follows through page 469, line 18 and insert the following:
``(1) not less than 40 percent shall be used for Federal purposes;
``(2) not less than 40 percent shall be used to provide financial assistance to States; and
``(3) not less than 5 percent shall be used for deferred maintenance needs on Federal land.''.
(c) Parity for Territories and the District of Columbia.--Section 200305(b) of title 54, United States Code, is amended by striking paragraph (5).
(d) Recreational Public Access.--Section 200306 of title 54, United States Code, is amended by adding at the end the following:
``(c) Recreational Public Access.--
``(1) In general.--Of the amounts made available for expenditure in any fiscal year under section 200303, there shall be made available for recreational public access projects identified on the priority list developed under paragraph (2) not less than the greater of--
``(A) an amount equal to 3 percent of those amounts; or
``(B) $15,000,000.
``(2) Priority list.--The Secretary and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for projects that, through acquisition of land (or an interest in land), secure recreational public access to Federal land under the jurisdiction of the applicable Secretary for hunting, fishing, recreational shooting, or other outdoor recreational purposes.''.
(e) Acquisition Considerations.--Section 200306 of title 54, United States Code (as amended by subsection (d)), is amended by adding at the end the following:
``(d) Acquisition Considerations.--In determining whether to acquire land (or an interest in land) under this section, the Secretary and the Secretary of Agriculture shall take into account--
``(1) the significance of the acquisition;
``(2) the urgency of the acquisition;
``(3) management efficiencies;
``(4) management cost savings;
``(5) geographic distribution;
``(6) threats to the integrity of the land; and
``(7) the recreational value of the land.''.
(f) Certain Land Acquisition Requirements.--Section 200306 of title 54, United States Code (as amended by subsection
(e)), is amended by adding at the end the following:
``(e) Maintenance Needs.--
``(1) In general.--Subject to paragraph (3), funds appropriated for the acquisition of land under this section shall include any funds necessary to address maintenance needs at the time of acquisition on the acquired land.
``(2) Acceptance of donations.--A Federal agency may accept, hold, administer, and use donations to address maintenance needs on land acquired under this section.
``(3) Limitation.--If a Federal agency accepts a donation under paragraph (2) to address maintenance needs on land acquired under this section, the funds appropriated for the acquisition under paragraph (1) shall not include funds equivalent to the amount of that donation.''.
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SA 159. Ms. McSALLY (for herself and Ms. Sinema) submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title IX, add the following:
SEC. 90____. RELEASE OF FEDERAL REVERSIONARY INTEREST,
FLAGSTAFF, ARIZONA.
Any land (including the parcel of land located in the City of Flagstaff, Arizona, owned by Win Oil Company, Inc., and more particularly described in the deed recorded in Coconino County, Arizona, on November 11, 1998, as document number 98-44431) that is subject to a Federal reversionary interest pursuant to the Act of July 27, 1866 (14 Stat. 292, chapter 278), shall no longer be subject to the Federal reversionary interest described in that Act.
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SA 160. Ms. McSALLY (for herself, Mr. Udall, Mr. Alexander, Ms. Sinema, and Mr. Bennet) submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 9003 and insert the following:
SEC. 9003. JOHN S. MCCAIN III 21ST CENTURY CONSERVATION
SERVICE CORPS ACT.
(a) Short Title.--This section may be cited as the ``John S. McCain III 21st Century Conservation Service Corps Act''.
(b) Definitions.--Section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722) is amended--
(1) in paragraph (2), by striking ``under section 204'' and inserting ``by section 204(a)(1)'';
(2) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively;
(3) by inserting after paragraph (7) the following:
``(8) Institution of higher education.--
``(A) In general.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
``(B) Exclusion.--The term `institution of higher education' does not include--
``(i) an institution described in section 101(b) of the Higher Education Act of 1965 (20 U.S.C. 1001(b)); or
``(ii) an institution outside the United States, as described in section 102(a)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)(C)).'';
(4) in paragraph (9) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``, as follows'' and inserting ``and other conservation and restoration initiatives, as follows''; and
(B) by adding at the end the following:
``(E) To protect, restore, or enhance marine, estuarine, riverine, and coastal habitat ecosystem components--
``(i) to promote the recovery of threatened species, endangered species, and managed fisheries;
``(ii) to restore fisheries, protected resources, and habitats impacted by oil and chemical spills and natural disasters; or
``(iii) to enhance the resilience of coastal ecosystems, communities, and economies through habitat conservation.'';
(5) in subparagraph (A) of paragraph (11) (as so redesignated), by striking ``individuals between the ages of 16 and 30, inclusive,'' and inserting ``individuals between the ages of 16 and 30, inclusive, or veterans age 35 or younger'';
(6) in paragraph (13) (as so redesignated)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) with respect to the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other land and facilities administered by the National Oceanic and Atmospheric Administration, the Secretary of Commerce.''; and
(7) by adding at the end the following:
``(15) Veteran.--The term `veteran' has the meaning given the term in section 101 of title 38, United States Code.''.
(c) Public Lands Corps Program.--Section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Establishment of Public Lands Corps.--
``(1) In general.--There is established in the Department of the Interior, the Department of Agriculture, and the Department of Commerce a corps, to be known as the `Public Lands Corps'.
``(2) No effect on other agencies.--Nothing in this subsection precludes the establishment of a public lands corps by the head of a Federal department or agency other than a department described in paragraph (1), in accordance with this Act.'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``individuals between the ages of 16 and 30, inclusive,'' and inserting
``individuals between the ages of 16 and 30, inclusive, and veterans age 35 or younger''; and
(B) in the second sentence, by striking ``section 137(b) of the National and Community Service Act of 1990'' and inserting ``paragraphs (1), (2), (4), and (5) of section 137(a) of the National and Community Service Act of 1990 (42 U.S.C. 12591(a))''; and
(3) by adding at the end the following:
``(g) Effect.--Nothing in this section authorizes the use of the Public Lands Corps for projects on or impacting real property owned by, operated by, or within the custody, control, or administrative jurisdiction of the Administrator of General Services without the express permission of the Administrator of General Services.''.
(d) Transportation.--Section 205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is amended by adding at the end the following:
``(e) Transportation.--The Secretary may provide to Corps participants who reside in their own homes transportation to and from appropriate conservation project sites.''.
(e) Resource Assistants.--
(1) In general.--Section 206(a) of the Public Lands Corps Act of 1993 (16 U.S.C. 1725(a)) is amended by striking the first sentence and inserting the following: ``The Secretary may provide individual placements of resource assistants to carry out research or resource protection activities on behalf of the Secretary.''.
(2) Direct hire authority.--Section 121(a) of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 1725a), is amended--
(A) in paragraph (1)--
(i) by striking ``Secretary of the Interior'' and inserting
``Secretary (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722))'';
(ii) by striking ``paragraph (1)'' and inserting
``paragraph (2)''; and
(iii) by striking ``with a land managing agency of the Department of the Interior''; and
(B) in paragraph (2)(A), by striking ``with a land managing agency'' and inserting ``with the Secretary (as so defined)''.
(f) Compensation and Employment Standards.--Section 207 of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended--
(1) by striking the section heading and inserting
``compensation and terms of service'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Educational Credit.--The Secretary may provide a Corps participant with an educational credit that may be applied toward a program of postsecondary education at an institution of higher education that agrees to award the credit for participation in the Corps.'';
(4) in subsection (c) (as so redesignated)--
(A) by striking ``Each participant'' and inserting the following:
``(1) In general.--Each participant''; and
(B) by adding at the end the following:
``(2) Indian youth service corps.--With respect to the Indian Youth Service Corps established under section 210, the Secretary shall establish the term of service of participants in consultation with the affected Indian tribe.'';
(5) in subsection (d) (as so redesignated)--
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately;
(B) in the matter preceding subparagraph (A) (as so redesignated), by striking ``The Secretary'' and inserting the following:
``(1) In general.--The Secretary''; and
(C) by adding at the end the following:
``(2) Time-limited appointment.--For purposes of section 9602 of title 5, United States Code, a former member of the Corps hired by the Secretary under paragraph (1)(B) for a time-limited appointment shall be considered to be appointed initially under open, competitive examination.''; and
(6) by adding at the end the following:
``(e) Applicability to Qualified Youth or Conservation Corps.--The hiring and compensation standards described in this section shall apply to any individual participating in an appropriate conservation project through a qualified youth or conservation corps, including an individual placed through a contract or cooperative agreement, as approved by the Secretary.''.
(g) Reporting and Data Collection.--Title II of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) is amended--
(1) by redesignating sections 209 through 211 as sections 211 through 213, respectively;
(2) by inserting after section 208 the following:
``SEC. 209. REPORTING AND DATA COLLECTION.
``(a) Report.--Not later than 2 years after the date of enactment of the John S. McCain III 21st Century Conservation Service Corps Act, and annually thereafter, the Chief Executive Officer of the Corporation for National and Community Service, in coordination with the Secretaries, shall submit to Congress a report that includes data on the Corps, including--
``(1) the number of participants enrolled in the Corps and the length of the term of service for each participant;
``(2) the projects carried out by Corps participants, categorized by type of project and Federal agency;
``(3) the total amount and sources of funding provided for the service of participants;
``(4) the type of service performed by participants and the impact and accomplishments of the service; and
``(5) any other similar data determined to be appropriate by the Chief Executive Officer of the Corporation for National and Community Service or the Secretaries.
``(b) Data.--Not later than 1 year after the date of enactment of the John S. McCain III 21st Century Conservation Service Corps Act, and annually thereafter, the Secretaries shall submit to the Chief Executive Officer of the Corporation for National and Community Service the data described in subsection (a).
``(c) Data Collection.--The Chief Executive Officer of the Corporation for National and Community Service may coordinate with qualified youth or conservation corps to improve the collection of the required data described in subsection (a).
``(d) Coordination.--
``(1) In general.--The Secretaries shall, to the maximum extent practicable, coordinate with each other to carry out activities authorized under this Act, including--
``(A) the data collection and reporting requirements of this section; and
``(B) implementing and issuing guidance on eligibility for noncompetitive hiring status under section 207(d).
``(2) Designation of coordinators.--The Secretary shall designate a coordinator to coordinate and serve as the primary point of contact for any activity of the Corps carried out by the Secretary.''; and
(3) in subsection (c) of section 212 (as so redesignated), by striking ``211'' and inserting ``213''.
(h) Indian Youth Service Corps.--Title II of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) (as amended by subsection (g)) is amended by inserting after section 209 the following:
``SEC. 210. INDIAN YOUTH SERVICE CORPS.
``(a) In General.--There is established within the Public Lands Corps a program to be known as the `Indian Youth Service Corps' that--
``(1) enrolls participants between the ages of 16 and 30, inclusive, and veterans age 35 or younger, a majority of whom are Indians;
``(2) is established pursuant to an agreement between an Indian tribe and a qualified youth or conservation corps for the benefit of the members of the Indian tribe; and
``(3) carries out appropriate conservation projects on eligible service land.
``(b) Authorization of Cooperative Agreements.--The Secretary may enter into cooperative agreements with Indian tribes and qualified youth or conservation corps for the establishment and administration of the Indian Youth Service Corps.
``(c) Guidelines.--Not later than 18 months after the date of enactment of the John S. McCain III 21st Century Conservation Service Corps Act, the Secretary of the Interior, in consultation with Indian tribes, shall issue guidelines for the management of the Indian Youth Service Corps, in accordance with this Act and any other applicable Federal laws.''.
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SA 161. Mr. LEE submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, add the following:
SEC. 24____. DESIGNATION OF NATIONAL MONUMENTS.
(a) In General.--Section 320301 of title 54, United States Code, is amended--
(1) in subsection (a), by striking ``The President may, in the President's discretion'' and inserting the following:
``After obtaining congressional approval of the proposed national monument, certifying compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the proposed national monument, and receiving from the Governor of each State in which the proposed national monument is to be located notice that the State legislature has enacted legislation approving the designation of the proposed national monument, and subject to subsection
(e), the President may''; and
(2) by adding at the end the following:
``(e) Requirements for Declaration of Marine National Monuments.--
``(1) Definition of exclusive economic zone.--In this subsection, the term `exclusive economic zone' means the zone established by Proclamation Number 5030, dated March 10, 1983
(16 U.S.C. 1453 note).
``(2) Requirements.--The President may not declare any area of the exclusive economic zone to be a national monument unless--
``(A) the declaration is specifically authorized by an Act of Congress;
``(B) the President has certified compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the proposed national monument;
``(C) the President has submitted to the Governor of each State and each territory, any part of which is located within 100 nautical miles of the proposed national monument, a proposal to make the declaration;
``(D) the Governor of each State and territory described in subparagraph (C) submits to the President notice that the legislature of the State or territory has approved the proposal submitted under that paragraph; and
``(E) the declaration is substantially the same as the proposal submitted under subparagraph (C).''.
(b) Restrictions on Public Use.--Section 320303 of title 54, United States Code, is amended--
(1) by striking ``The Secretary,'' and inserting the following:
``(a) In General.--The Secretary,''; and
(2) by adding at the end the following:
``(b) Restrictions on Public Use.--The Secretary, or the Secretary of Commerce, with respect to any area of the exclusive economic zone (as defined in section 320301(e)(1)) designated as a national monument, shall not implement any restrictions on the public use of a national monument until the expiration of an appropriate review period (as determined by the Secretary or the Secretary of Commerce, as applicable) providing for public input and congressional approval.''.
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SA 162. Mr. LEE proposed an amendment to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; as follows:
In section 3001, strike subsection (a) and insert the following:
(a) In General.--Section 200302 of title 54, United States Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``September 30, 2018'' and inserting
``September 30, 2023''; and
(2) in subsection (c)(1), by striking ``September 30, 2018'' and inserting ``September 30, 2023''.
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SA 163. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title VII, add the following:
SEC. 70__. USE OF VALUE OF LAND FOR COST SHARING.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) is amended--
(1) by redesignating section 13 as section 14; and
(2) by inserting after section 12 the following:
``SEC. 13. VALUE OF LAND.
``Notwithstanding any other provision of law, any institution eligible to receive Federal funds under the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601 et seq.) shall be allowed to use the value of any land owned by the institution as an in-kind match to satisfy any cost sharing requirement under this Act.''.
______
SA 164. Mr. WHITEHOUSE submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title IX, add the following:
SEC. 90__. APPROPRIATION OF FUNDS FOR THE NATIONAL OCEANS AND
COASTAL SECURITY FUND.
Section 908 of the National Oceans and Coastal Security Act
(16 U.S.C. 7507) is amended by striking ``such sums'' and all that follows through the period at the end and inserting
``and there are appropriated to carry out this title for each fiscal year an amount equal to the amount deposited for such fiscal year for the Land and Water Conservation Fund pursuant to section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note).''.
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SA 165. Mr. WHITEHOUSE submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title IX, add the following:
SEC. 90__. PERMANENT AUTHORIZATION OF THE NATIONAL OCEANS AND
COASTAL SECURITY FUND.
Section 908 of the National Oceans and Coastal Security Act
(16 U.S.C. 7507) is amended by inserting ``and for each subsequent fiscal year'' after ``2019''.
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SA 166. Mr. WICKER submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title IX, add the following:
SEC. 9010. NAMED STORM EVENT MODEL AND POST-STORM
ASSESSMENTS.
(a) Amendments to the Omnibus Public Land Management Act of 2009.--Section 12312 of the Omnibus Public Land Management Act of 2009 (33 U.S.C. 3611) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking the period at the end and inserting the following: ``, except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.'';
(B) in paragraph (6), by inserting ``sustained'' before
``winds''; and
(C) in paragraph (7), by striking ``that threaten any portion of a coastal State'' and inserting ``for which post-storm assessments are conducted'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``540 days after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012'' and inserting ``December 31, 2019''; and
(II) by striking ``by regulation'';
(ii) in subparagraph (B), by striking ``every'' and inserting ``an''; and
(iii) by adding at the end the following:
``(C) Public review.--The Administrator shall seek input and suggestions from the public before the Named Storm Event Model, or any modification to the Named Storm Event Model, takes effect.''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively;
(ii) by inserting after subparagraph (A) the following:
``(B) Data collection.--
``(i) In general.--Upon identification of a named storm under subparagraph (A), and pursuant to the protocol established under subsection (c), the Administrator may deploy sensors to enhance the collection of covered data in the areas in coastal States that the Administrator determines are at the highest risk of experiencing geophysical events that would cause indeterminate losses.
``(ii) Rule of construction.--If the Administrator takes action under clause (i), that action may not be construed as indicating that a post-storm assessment will be developed for any coastal State in which that action is taken.
``(C) Identification of indeterminate losses in coastal states.--Not later than 30 days after the first date on which sustained winds of not less than 39 miles per hour are measured in a coastal State during a named storm identified under subparagraph (A), the Secretary of Homeland Security shall notify the Administrator with respect to the existence of any indeterminate losses in that coastal State resulting from that named storm.'';
(iii) in subparagraph (D), as so redesignated--
(I) by striking ``identification of a named storm under subparagraph (A)'' and inserting ``confirmation of indeterminate losses identified under subparagraph (C) with respect to a named storm''; and
(II) by striking ``assessment for such named storm'' and inserting ``assessment for each coastal State that suffered such indeterminate losses as a result of the named storm'';
(iv) in subparagraph (E), as so redesignated--
(I) by striking ``an identification of a named storm is made under subparagraph (A)'' and inserting ``any indeterminate losses are identified under subparagraph (C)''; and
(II) by striking ``for such storm under subparagraph (B)'' and inserting ``under subparagraph (D) for any coastal State that suffered such indeterminate losses''; and
(v) by adding at the end the following:
``(F) Separate post-storm assessments for a single named storm.--
``(i) In general.--The Administrator may conduct a separate post-storm assessment for each coastal State in which indeterminate losses are identified under subparagraph (C).
``(ii) Timeline.--If the Administrator conducts a separate post-storm assessment under clause (i), the Administrator shall complete the assessment based on the dates of actions that the Administrator takes under subparagraphs (C) and
(D).''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``540 days after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012'' and inserting
``December 31, 2019'';
(B) in paragraph (2), by inserting ``, in the discretion of the Administrator,'' after ``of sensors as may''; and
(C) in paragraph (4)(B), by inserting ``and expend'' after
``receive''.
(b) Amendments to the National Flood Insurance Act of 1968.--Section 1337 of the National Flood Insurance Act of 1968 (42 U.S.C. 4057) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking the period at the end and inserting the following: ``, except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.''; and
(B) in paragraph (5), by inserting ``sustained'' after
``maximum'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``establish by rule'' and inserting ``publish for comment in the Federal Register''; and
(B) in paragraph (2)(B), by inserting after ``Elevation Certificate'' the following: ``, or other data or information used to determine a property's current risk of flood, as determined by the Administrator,'';
(3) in subsection (c)(3)(A)(i), by striking ``the issuance of the rule establishing the COASTAL Formula'' and inserting
``publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1)'';
(4) in subsection (h)--
(A) by inserting ``that issues a standard flood insurance policy under the national flood insurance program'' after
``company''; and
(B) by striking ``or the COASTAL Formula'' and inserting
``, the COASTAL Formula, or any other loss allocation or post-storm assessment arising under the laws or ordinances of any State'';
(5) in subsection (i), by striking ``after the date on which the Administrator issues the rule establishing the COASTAL Formula under subsection (b)'' and inserting ``60 days after publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1)''; and
(6) by adding at the end the following:
``(k) Rule of Construction.--Nothing in this section shall be construed to create a cause of action under this Act.''.
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SA 167. Mr. PERDUE (for himself, Mr. Isakson, Mr. Jones, and Mr. Scott of South Carolina) submitted an amendment intended to be proposed by him to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE X--ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF,
2019
The following sums in this title are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2019, and for other purposes, namely:
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for the ``Office of the Secretary'', $3,005,442,000, which shall remain available until December 31, 2020, for necessary expenses related to losses of crops (including milk and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of Hurricanes Michael or Florence, other hurricanes, typhoons, volcanic activity, or wildfires occurring in calendar year 2018 under such terms and conditions as determined by the Secretary of Agriculture (referred to in this title as the
``Secretary''): Provided, That the Secretary may provide assistance for such losses in the form of block grants to eligible states and territories and such assistance may include compensation to producers, as determined by the Secretary, for past or future crop insurance premiums, forest restoration, and poultry and livestock losses: Provided further, That of the amounts provided under this heading, tree assistance payments may be made under section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible orchardists or nursery tree growers (as defined in such section) of pecan trees with a tree mortality rate that exceeds 7.5 percent (adjusted for normal mortality) and is less than 15 percent (adjusted for normal mortality), to be available until expended, for losses incurred during the period beginning January 1, 2018, and ending December 31, 2018: Provided further, That in the case of producers impacted by volcanic activity that resulted in the loss of crop land, or access to crop land, the Secretary shall consider all measures available, as appropriate, to bring replacement land into production: Provided further, That the total amount of payments received under this heading and applicable policies of crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop Disaster Assistance Program (NAP) under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall not exceed 90 percent of the loss as determined by the Secretary: Provided further, That the total amount of payments received under this heading for producers who did not obtain a policy or plan of insurance for an insurable commodity for the applicable crop year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses or did not file the required paperwork and pay the service fee by the applicable State filing deadline for a noninsurable commodity for the applicable crop year under NAP for the crop incurring the losses shall not exceed 70 percent of the loss as determined by the Secretary: Provided further, That producers receiving payments under this heading, as determined by the Secretary, shall be required to purchase crop insurance where crop insurance is available for the next two available crop years, excluding tree insurance policies, and producers receiving payments under this heading shall be required to purchase coverage under NAP where crop insurance is not available in the next two available crop years, as determined by the Secretary: Provided further, That, not later than 120 days after the end of fiscal year 2019, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by state and territory: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Farm Service Agency
emergency forest restoration program
For an additional amount for the ``Emergency Forest Restoration Program'', for necessary expenses related to the consequences of Hurricanes Michael and Florence and wildfires occurring in calendar year 2018, and other natural disasters,
$480,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention Operations'', for necessary expenses for the Emergency Watershed Protection Program related to the consequences of Hurricanes Michael and Florence and wildfires occurring in calendar year 2018, and other natural disasters,
$125,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Rural Development
rural community facilities program account
For an additional amount for the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, for necessary expenses related to the consequences of Hurricanes Michael and Florence and wildfires occurring in calendar year 2018, and other natural disasters, $150,000,000, to remain available until expended: Provided, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 10001. In addition to amounts otherwise made available, out of the funds made available under section 18 of Food and Nutrition Act of 2008, $25,200,000 shall be available for the Secretary to provide a grant to the Commonwealth of the Northern Mariana Islands for disaster nutrition assistance in response to the Presidentially declared major disasters and emergencies: Provided, That funds made available to the Commonwealth of the Northern Mariana Islands under this section shall remain available for obligation by the Commonwealth until September 30, 2020: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 10002. For purposes of administering title I of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115-123), losses to agricultural producers resulting from hurricanes shall also include losses incurred from Tropical Storm Cindy and losses of peach and blueberry crops in calendar year 2017 due to extreme cold: Provided, That the amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 10003. (a)(1) Except as provided in paragraph (2), a person or legal entity is not eligible to receive a payment under the Market Facilitation Program established pursuant to the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.) if the average adjusted gross income of such person or legal entity is greater than $900,000.
(2) Paragraph (1) shall not apply to a person or legal entity if at least 75 percent of the adjusted gross income of such person or legal entity is derived from farming, ranching, or forestry related activities.
(b) A person or legal entity may not receive a payment under the Market Facilitation Program described in subsection
(a)(1), directly or indirectly, of more than $125,000.
(c) In this section, the term ``average adjusted gross income'' has the meaning given the term defined in section 760.1502 of title 7 Code of Federal Regulations (as in effect July 18, 2018).
(d) The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
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SA 168. Mr. PAUL submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 11___. ACCESS TO WATERWAYS IN THE DANIEL BOONE NATIONAL
FOREST, KENTUCKY.
The Secretary of Agriculture shall allow access to the waterways feeding into Lake Cumberland through the Daniel Boone National Forest in Rockcastle County, Pulaski County, Laurel County, Wayne County, McCreary County, and Whitley County, Kentucky, for the purpose of installing docks, boat slips, and marinas.
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SA 169. Mr. PAUL submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title I, add the following
SEC. 10____. SALE OF CERTAIN NATIONAL FOREST SYSTEM LAND IN
THE DANIEL BOONE NATIONAL FOREST.
(a) In General.--The Secretary of Agriculture (referred to in this section as the ``Secretary'') shall, in accordance with any other applicable law and subject to valid existing rights, conduct 1 or more sales of the National Forest System land described in subsection (b) to qualified bidders.
(b) Description of Land.--The National Forest System land referred to in subsection (a) consists of National Forest System land that--
(1) is located along U.S. Highway No. 27 from Burnside, Kentucky, through the Daniel Boone National Forest to the point at which U.S. Highway No. 27 crosses into the State of Tennessee, as depicted on the map prepared under subsection
(c); and
(2) is identified for disposal by the Secretary.
(c) Map.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map of the National Forest System land referred to in subsection
(b)(1).
(d) Consideration.--The sale of National Forest System land under subsection (a) shall be for not less than fair market value.
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SA 170. Ms. McSALLY submitted an amendment intended to be proposed to amendment SA 111 proposed by Ms. Murkowski (for herself and Mr. Manchin) to the bill S. 47, to provide for the management of the natural resources of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of section 6001(a)(5), add the following:
(C) Management requirements.--The management plan for the National Heritage Area designated by subparagraph (A) that is submitted to the Secretary for approval shall incorporate elements of history of the State of Arizona, including--
(i) copper;
(ii) cattle;
(iii) cotton;
(iv) citrus; and
(v) climate.
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