TEXT OF AMENDMENTS; Congressional Record Vol. 165, No. 24
(Senate - February 07, 2019)

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[Pages S1143-S1147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           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.''.
                                 ______
                                 
  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.
                                 ______
                                 
  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:

[[Page S1144]]

  


     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

[[Page S1145]]

     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.''.
                                 ______
                                 
  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.''.
                                 ______
                                 
  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''.
                                 ______
                                 
  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).''.
                                 ______
                                 
  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''.
                                 ______
                                 
  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:

[[Page S1146]]

       ``(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.''.
                                 ______
                                 
  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.

[[Page S1147]]

  


                           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.
                                 ______
                                 
  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.
                                 ______
                                 
  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.
                                 ______
                                 
  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.

                          ____________________