[Congressional Record Volume 153, Number 81 (Wednesday, May 16, 2007)]
[Senate]
[Pages S6202-S6211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1136. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 1495, to 
provide for the conservation and development of water and related 
resources, to authorize the Secretary of the Army to construct various 
projects for improvements to rivers and harbors of the United States, 
and for other purposes; which was order4ed to lie on the table; as 
follows:

       On page 200, line 22, insert ``, NEW MEXICO,'' after 
     ``MISSOURI''.
       On page 201, line 17, insert ``, New Mexico,'' after 
     ``Missouri''.
       On page 202, between lines 19 and 20, insert the following:
       (6) Rio Grande Floodway, Albuquerque Unit, New Mexico.
       On page 202, line 25, strike ``$50,000,000'' and insert 
     ``$150,000,000''.
                                 ______
                                 
  SA 1137. Mr. LEVIN submitted an amendment intended to be proposed to 
amendment SA 1097 proposed by Mr. Reid (for Mr. Levin (for himself and 
Mr. Reid)) to the bill H.R. 1495, to provide for the conservation and 
development of water and related resources, to authorize the Secretary 
of the Army to construct various projects for improvements to rivers 
and harbors of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 4 strike all from section 5 to the end and insert 
     the following:

     SEC. 5 REDUCTION OF FORCES

       The Secretary of Defense shall commence the reduction of 
     the number of United States Armed Forces in Iraq not later 
     than October 1, 2007, with a goal of completing such 
     reduction within 180 days. The goal of completing such 
     reduction shall be accelerated if the President is unable to 
     report that the Government of Iraq is making substantial 
     progress towards meeting each of the benchmarks set forth in 
     subsection (a) (1) of Section 4 by October 15, 2007.
       (b) Notwithstanding any other provision of law, funds 
     appropriated or otherwise made available in this or any other 
     Act are available for obligation and expenditure to plan and 
     execute a safe and orderly reduction of the Armed Forces in 
     Iraq.
       (c) The reduction of forces required by this section shall 
     be implemented as part of a comprehensive diplomatic, 
     political, and economic strategy that includes sustained 
     engagement with Iraq's neighbors and the international 
     community for the purpose of working collectively to bring 
     stability to Iraq.
       (d) After the conclusion of the reduction required by this 
     section, the Secretary of Defense may not deploy or maintain 
     members of the Armed Forces in Iraq for any purpose other 
     than the following:
       (1) Protecting American diplomatic facilities and American 
     citizens, including members of the U.S. armed forces;
       (2) Serving in roles consistent with customary diplomatic 
     positions;
       (3) Engaging in targeted actions against members of al-
     Qaeda and allied parties and other terrorist organizations 
     with global reach; and
       (4) Training and equipping members of the Iraqi Security 
     Forces.
                                 ______
                                 
  SA 1138. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 2206, making emergency supplemental appropriations 
and additional supplemental appropriations for agricultural and other 
emergency assistance for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 91, strike lines 7 through 15 and insert the 
     following:
       Sec. 3301. The Secretary is authorized and directed to 
     reimburse local governments for expenses the governments have 
     incurred in storm-proofing pumping stations, constructing 
     safe houses for operators, and other interim flood control 
     measures in and around the New Orleans metropolitan area, on 
     the condition that the Secretary determines those elements of 
     work and related expenses to be integral to the overall plan 
     to ensure operability of the stations during hurricanes, 
     storms, and high water events and the flood control plan for 
     the area.
                                 ______
                                 
  SA 1139. Mr. WYDEN (for himself, Mr. Bingaman, Mr. Baucus, Mrs. 
Boxer, Mr. Tester, Mr. Smith, Ms. Cantwell, Mrs. Murray, Mr. Domenici, 
Mr. Craig, and Mr. Reid) submitted an amendment intended to be proposed 
by him to the bill H.R. 2206, making emergency supplemental 
appropriations and additional supplemental appropriations for 
agricultural and other emergency assistance for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike section 2201 of division B and insert the following:

     SEC. 2201. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
                   DETERMINATION PROGRAM.

       (a) Reauthorization of the Secure Rural Schools and 
     Community Self-Determination Act of 2000.--The Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 500 note; Public Law 106-393) is amended by striking 
     sections 1 through 403 and inserting the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Secure Rural Schools and 
     Community Self-Determination Act of 2000'.

     ``SEC. 2. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to stabilize and transition payments to counties to 
     provide funding for schools and roads that supplements other 
     available funds;
       ``(2) to make additional investments in, and create 
     additional employment opportunities through, projects that--
       ``(A)(i) improve the maintenance of existing 
     infrastructure;
       ``(ii) implement stewardship objectives that enhance forest 
     ecosystems; and
       ``(iii) restore and improve land health and water quality;
       ``(B) enjoy broad-based support; and
       ``(C) have objectives that may include--
       ``(i) road, trail, and infrastructure maintenance or 
     obliteration;
       ``(ii) soil productivity improvement;
       ``(iii) improvements in forest ecosystem health;
       ``(iv) watershed restoration and maintenance;
       ``(v) the restoration, maintenance, and improvement of 
     wildlife and fish habitat;
       ``(vi) the control of noxious and exotic weeds; and
       ``(vii) the reestablishment of native species; and
       ``(3) to improve cooperative relationships among--
       ``(A) the people that use and care for Federal land; and
       ``(B) the agencies that manage the Federal land.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Adjusted share.--The term `adjusted share' means the 
     number equal to the quotient obtained by dividing--
       ``(A) the number equal to the quotient obtained by 
     dividing--
       ``(i) the base share for the eligible county; by
       ``(ii) the income adjustment for the eligible county; by

[[Page S6203]]

       ``(B) the number equal to the sum of the quotients obtained 
     under subparagraph (A) and paragraph (8)(A) for all eligible 
     counties.
       ``(2) Base share.--The term `base share' means the number 
     equal to the average of--
       ``(A) the quotient obtained by dividing--
       ``(i) the number of acres of Federal land described in 
     paragraph (7)(A) in each eligible county; by
       ``(ii) the total number acres of Federal land in all 
     eligible counties in all eligible States; and
       ``(B) the quotient obtained by dividing--
       ``(i) the amount equal to the average of the 3 highest 25-
     percent payments and safety net payments made to each 
     eligible State for each eligible county during the 
     eligibility period; by
       ``(ii) the amount equal to the sum of the amounts 
     calculated under clause (i) and paragraph (9)(B)(i) for all 
     eligible counties in all eligible States during the 
     eligibility period.
       ``(3) County payment.--The term `county payment' means the 
     payment for an eligible county calculated under section 
     101(b).
       ``(4) Eligible county.--The term `eligible county' means 
     any county that--
       ``(A) contains Federal land (as defined in paragraph (7)); 
     and
       ``(B) elects to receive a share of the State payment or the 
     county payment under section 102(b).
       ``(5) Eligibility period.--The term `eligibility period' 
     means fiscal year 1986 through fiscal year 1999.
       ``(6) Eligible state.--The term `eligible State' means a 
     State or territory of the United States that received a 25-
     percent payment for 1 or more fiscal years of the eligibility 
     period.
       ``(7) Federal land.--The term `Federal land' means--
       ``(A) land within 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)) exclusive of the 
     National Grasslands and land utilization projects designated 
     as National Grasslands administered pursuant to the Act of 
     July 22, 1937 (7 U.S.C. 1010-1012); and
       ``(B) such portions of the revested Oregon and California 
     Railroad and reconveyed Coos Bay Wagon Road grant land as are 
     or may hereafter come under the jurisdiction of the 
     Department of the Interior, which have heretofore or may 
     hereafter be classified as timberlands, and power-site land 
     valuable for timber, that shall be managed, except as 
     provided in the former section 3 of the Act of August 28, 
     1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest 
     production.
       ``(8) 50-Percent adjusted share.--The term `50-percent 
     adjusted share' means the number equal to the quotient 
     obtained by dividing--
       ``(A) the number equal to the quotient obtained by 
     dividing--
       ``(i) the 50-percent base share for the eligible county; by
       ``(ii) the income adjustment for the eligible county; by
       ``(B) the number equal to the sum of the quotients obtained 
     under subparagraph (A) and paragraph (1)(A) for all eligible 
     counties.
       ``(9) 50-Percent base share.--The term `50-percent base 
     share' means the number equal to the average of--
       ``(A) the quotient obtained by dividing--
       ``(i) the number of acres of Federal land described in 
     paragraph (7)(B) in each eligible county; by
       ``(ii) the total number acres of Federal land in all 
     eligible counties in all eligible States; and
       ``(B) the quotient obtained by dividing--
       ``(i) the amount equal to the average of the 3 highest 50-
     percent payments made to each eligible county during the 
     eligibility period; by
       ``(ii) the amount equal to the sum of the amounts 
     calculated under clause (i) and paragraph (2)(B)(i) for all 
     eligible counties in all eligible States during the 
     eligibility period.
       ``(10) 50-percent payment.--The term `50-percent payment' 
     means the payment that is the sum of the 50-percent share 
     otherwise paid to a county pursuant to title II of the Act of 
     August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), 
     and the payment made to a county pursuant to the Act of May 
     24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et 
     seq.).
       ``(11) Full funding amount.--The term `full funding amount' 
     means--
       ``(A) $526,079,656 for fiscal year 2007;
       ``(B) $520,000,000 for fiscal year 2008; and
       ``(C) for fiscal year 2009 and each fiscal year thereafter, 
     the amount that is equal to 90 percent of the full funding 
     amount for the preceding fiscal year.
       ``(12) Income adjustment.--The term `income adjustment' 
     means the square of the quotient obtained by dividing--
       ``(A) the per capita personal income for each eligible 
     county; by
       ``(B) the median per capita personal income of all eligible 
     counties.
       ``(13) Per capita personal income.--The term `per capita 
     personal income' means the most recent per capita personal 
     income data, as determined by the Bureau of Economic 
     Analysis.
       ``(14) Safety net payments.--The term `safety net payments' 
     means the special payment amounts paid to States and counties 
     required by section 13982 or 13983 of the Omnibus Budget 
     Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500 
     note; 43 U.S.C. 1181f note).
       ``(15) Secretary concerned.--The term `Secretary concerned' 
     means--
       ``(A) the Secretary of Agriculture or the designee of the 
     Secretary of Agriculture with respect to the Federal land 
     described in paragraph (7)(A); and
       ``(B) the Secretary of the Interior or the designee of the 
     Secretary of the Interior with respect to the Federal land 
     described in paragraph (7)(B).
       ``(16) State payment.--The term `State payment' means the 
     payment for an eligible State calculated under section 
     101(a).
       ``(17) 25-Percent payment.--The term `25-percent payment' 
     means the payment to States required by the sixth paragraph 
     under the heading of `FOREST SERVICE' in the Act of May 23, 
     1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
     of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

 ``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL 
                                  LAND

     ``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL 
                   LAND.

       ``(a) State Payment.--For each of fiscal years 2007 through 
     2011, the Secretary of Agriculture shall calculate for each 
     eligible State an amount equal to the sum of the products 
     obtained by multiplying--
       ``(1) the adjusted share for each eligible county within 
     the eligible State; by
       ``(2) the full funding amount for the fiscal year.
       ``(b) County Payment.--For each of fiscal years 2007 
     through 2011, the Secretary of the Interior shall calculate 
     for each eligible county that received a 50-percent payment 
     during the eligibility period an amount equal to the product 
     obtained by multiplying--
       ``(1) the 50-percent adjusted share for the eligible 
     county; by
       ``(2) the full funding amount for the fiscal year.

     ``SEC. 102. PAYMENTS TO STATES AND COUNTIES.

       ``(a) Payment Amounts.--Except as provided in section 103, 
     the Secretary of the Treasury shall pay to--
       ``(1) a State or territory of the United States an amount 
     equal to the sum of the amounts elected under subsection (b) 
     by each county within the State or territory for--
       ``(A) if the county is eligible for the 25-percent payment, 
     the share of the 25-percent payment; or
       ``(B) the share of the State payment of the eligible 
     county; and
       ``(2) a county an amount equal to the amount elected under 
     subsection (b) by each county for--
       ``(A) if the county is eligible for the 50-percent payment, 
     the 50-percent payment; or
       ``(B) the county payment for the eligible county.
       ``(b) Election to Receive Payment Amount.--
       ``(1) Election; submission of results.--
       ``(A) In general.--The election to receive a share of the 
     State payment, the county payment, a share of the State 
     payment and the county payment, a share of the 25-percent 
     payment, the 50-percent payment, or a share of the 25-percent 
     payment and the 50-percent payment, as applicable, shall be 
     made at the discretion of each affected county by August 1, 
     2007, and August 1 of each second fiscal year thereafter, in 
     accordance with paragraph (2), and transmitted to the 
     Secretary concerned by the Governor of each eligible State.
       ``(B) Failure to transmit.--If an election for an affected 
     county is not transmitted to the Secretary concerned by the 
     date specified under subparagraph (A), the affected county 
     shall be considered to have elected to receive a share of the 
     State payment, the county payment, or a share of the State 
     payment and the county payment, as applicable.
       ``(2) Duration of election.--
       ``(A) In general.--A county election to receive a share of 
     the 25-percent payment or 50-percent payment, as applicable 
     shall be effective for 2 fiscal years.
       ``(B) Full funding amount.--If a county elects to receive a 
     share of the State payment or the county payment, the 
     election shall be effective for all subsequent fiscal years 
     through fiscal year 2011.
       ``(3) Source of payment amounts.--The payment to an 
     eligible State or eligible county under this section for a 
     fiscal year shall be derived from--
       ``(A) any revenues, fees, penalties, or miscellaneous 
     receipts, exclusive of deposits to any relevant trust fund, 
     special account, or permanent operating funds, received by 
     the Federal Government from activities by the Bureau of Land 
     Management or the Forest Service on the applicable Federal 
     land;
       ``(B) for fiscal year 2007, any funds appropriated to carry 
     out this Act; and
       ``(C) to the extent of any shortfall, out of any amounts in 
     the Treasury of the United States not otherwise appropriated.
       ``(c) Distribution and Expenditure of Payments.--
       ``(1) Distribution method.--A State that receives a payment 
     under subsection (a) for Federal land described in section 
     3(7)(A) shall distribute the appropriate payment amount among 
     the appropriate counties in the State in accordance with--
       ``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
       ``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963; 
     16 U.S.C. 500).
       ``(2) Expenditure purposes.--Subject to subsection (d), 
     payments received by a State under subsection (a) and 
     distributed to counties in accordance with paragraph (1) 
     shall be expended as required by the laws referred to in 
     paragraph (1).

[[Page S6204]]

       ``(d) Expenditure Rules for Eligible Counties.--
       ``(1) Allocations.--
       ``(A) Use of portion in same manner as 25-percent payment 
     or 50-percent payment, as applicable.--Except as provided in 
     paragraph (3)(B), if an eligible county elects to receive its 
     share of the State payment or the county payment, not less 
     than 80 percent, but not more than 85 percent, of the funds 
     shall be expended in the same manner in which the 25-percent 
     payments or 50-percent payment, as applicable, are required 
     to be expended.
       ``(B) Election as to use of balance.--Except as provided in 
     subparagraph (C), an eligible county shall elect to do 1 or 
     more of the following with the balance of any funds not 
     expended pursuant to subparagraph (A):
       ``(i) Reserve any portion of the balance for projects in 
     accordance with title II.
       ``(ii) Reserve not more than 7 percent of the total share 
     for the eligible county of the State payment or the county 
     payment for projects in accordance with title III.
       ``(iii) Return the portion of the balance not reserved 
     under clauses (i) and (ii) to the Treasury of the United 
     States.
       ``(C) Counties with modest distributions.--In the case of 
     each eligible county to which more than $100,000, but less 
     than $350,000, is distributed for any fiscal year pursuant to 
     either or both of paragraphs (1)(B) and (2)(B) of subsection 
     (a), the eligible county, with respect to the balance of any 
     funds not expended pursuant to subparagraph (A) for that 
     fiscal year, shall--
       ``(i) reserve any portion of the balance for--

       ``(I) carrying out projects under title II;
       ``(II) carrying out projects under title III; or
       ``(III) a combination of the purposes described in 
     subclauses (I) and (II); or

       ``(ii) return the portion of the balance not reserved under 
     clause (i) to the Treasury of the United States.
       ``(2) Distribution of funds.--
       ``(A) In general.--Funds reserved by an eligible county 
     under subparagraph (B)(i) or (C)(i) of paragraph (1) for 
     carrying out projects under title II shall be deposited in a 
     special account in the Treasury of the United States.
       ``(B) Availability.--Amounts deposited under subparagraph 
     (A) shall--
       ``(i) be available for expenditure by the Secretary 
     concerned, without further appropriation; and
       ``(ii) remain available until expended in accordance with 
     title II.
       ``(3) Election.--
       ``(A) Notification.--
       ``(i) In general.--An eligible county shall notify the 
     Secretary concerned of an election by the eligible county 
     under this subsection not later than September 30 of each 
     fiscal year.
       ``(ii) Failure to elect.--Except as provided in 
     subparagraph (B), if the eligible county fails to make an 
     election by the date specified in clause (i), the eligible 
     county shall--

       ``(I) be considered to have elected to expend 85 percent of 
     the funds in accordance with paragraph (1)(A); and
       ``(II) return the balance to the Treasury of the United 
     States.

       ``(B) Counties with minor distributions.--In the case of 
     each eligible county to which less than $100,000 is 
     distributed for any fiscal year pursuant to either or both of 
     paragraphs (1)(B) and (2)(B) of subsection (a), the eligible 
     county may elect to expend all the funds in the same manner 
     in which the 25-percent payments or 50-percent payments, as 
     applicable, are required to be expended.
       ``(e) Time for Payment.--The payments required under this 
     section for a fiscal year shall be made as soon as 
     practicable after the end of that fiscal year.

     ``SEC. 103. TRANSITION PAYMENTS TO THE STATES OF CALIFORNIA, 
                   OREGON, AND WASHINGTON.

       ``(a) Definitions.--In this section:
       ``(1) Adjusted amount.--The term `adjusted amount' means, 
     with respect to a covered State--
       ``(A) for fiscal year 2007--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2007; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2007;
       ``(B) for fiscal year 2008, 90 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2008; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2008;
       ``(C) for fiscal year 2009, 81 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2009; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2009; and
       ``(D) for fiscal year 2010, 73 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2010; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2010.
       ``(2) Covered state.--The term `covered State' means each 
     of the States of California, Oregon, and Washington.
       ``(b) Transition Payments.--For each of fiscal years 2007 
     through 2010, in lieu of the payment amounts that otherwise 
     would have been made under paragraphs (1)(B) and (2)(B) of 
     section 102(a), the Secretary of the Treasury shall pay the 
     adjusted amount to each covered State and the eligible 
     counties within the covered State, as applicable.
       ``(c) Distribution of Adjusted Amount in Oregon and 
     Washington.--It is the intent of Congress that the method of 
     distributing the payments under subsection (b) among the 
     counties in the States of Oregon and Washington for each of 
     fiscal years 2007 through 2010 be in the same proportion that 
     the payments were distributed to the eligible counties in 
     fiscal year 2006.
       ``(d) Distribution of Payments in California.--The 
     following payments shall be distributed among the eligible 
     counties in the State of California in the same proportion 
     that payments under section 102(a)(2) (as in effect on 
     September 29, 2006) were distributed to the eligible counties 
     for fiscal year 2006:
       ``(1) Payments to the State of California under subsection 
     (b).
       ``(2) The shares of the eligible counties of the State 
     payment for California under section 102 for fiscal year 
     2011.
       ``(e) Treatment of Payments.--For purposes of this Act, any 
     payment made under subsection (b) shall be considered to be a 
     payment made under section 102(a).

              ``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND

     ``SEC. 201. DEFINITIONS.

       ``In this title:
       ``(1) Participating county.--The term `participating 
     county' means an eligible county that elects under section 
     102(d) to expend a portion of the Federal funds received 
     under section 102 in accordance with this title.
       ``(2) Project funds.--The term `project funds' means all 
     funds an eligible county elects under section 102(d) to 
     reserve for expenditure in accordance with this title.
       ``(3) Resource advisory committee.--The term `resource 
     advisory committee' means--
       ``(A) an advisory committee established by the Secretary 
     concerned under section 205; or
       ``(B) an advisory committee determined by the Secretary 
     concerned to meet the requirements of section 205.
       ``(4) Resource management plan.--The term `resource 
     management plan' means--
       ``(A) a land use plan prepared by the Bureau of Land 
     Management for units of the Federal land described in section 
     3(7)(B) pursuant to section 202 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1712); or
       ``(B) a land and resource management plan prepared by the 
     Forest Service for units of the National Forest System 
     pursuant to section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974l (16 U.S.C. 1604).

     ``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.

       ``(a) Limitation.--Project funds shall be expended solely 
     on projects that meet the requirements of this title.
       ``(b) Authorized Uses.--Project funds may be used by the 
     Secretary concerned for the purpose of entering into and 
     implementing cooperative agreements with willing Federal 
     agencies, State and local governments, private and nonprofit 
     entities, and landowners for protection, restoration, and 
     enhancement of fish and wildlife habitat, and other resource 
     objectives consistent with the purposes of this Act on 
     Federal land and on non-Federal land where projects would 
     benefit the resources on Federal land.

     ``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.

       ``(a) Submission of Project Proposals to Secretary 
     Concerned.--
       ``(1) Projects funded using project funds.--Not later than 
     September 30 for fiscal year 2007, and each September 30 
     thereafter for each succeeding fiscal year through fiscal 
     year 2011, each resource advisory committee shall submit to 
     the Secretary concerned a description of any projects that 
     the resource advisory committee proposes the Secretary 
     undertake using any project funds reserved by eligible 
     counties in the area in which the resource advisory committee 
     has geographic jurisdiction.
       ``(2) Projects funded using other funds.--A resource 
     advisory committee may submit to the Secretary concerned a 
     description of any projects that the committee proposes the 
     Secretary undertake using funds from State or local 
     governments, or from the private sector, other than project 
     funds and funds appropriated and otherwise available to do 
     similar work.

[[Page S6205]]

       ``(3) Joint projects.--Participating counties or other 
     persons may propose to pool project funds or other funds, 
     described in paragraph (2), and jointly propose a project or 
     group of projects to a resource advisory committee 
     established under section 205.
       ``(b) Required Description of Projects.--In submitting 
     proposed projects to the Secretary concerned under subsection 
     (a), a resource advisory committee shall include in the 
     description of each proposed project the following 
     information:
       ``(1) The purpose of the project and a description of how 
     the project will meet the purposes of this title.
       ``(2) The anticipated duration of the project.
       ``(3) The anticipated cost of the project.
       ``(4) The proposed source of funding for the project, 
     whether project funds or other funds.
       ``(5)(A) Expected outcomes, including how the project will 
     meet or exceed desired ecological conditions, maintenance 
     objectives, or stewardship objectives.
       ``(B) An estimate of the amount of any timber, forage, and 
     other commodities and other economic activity, including jobs 
     generated, if any, anticipated as part of the project.
       ``(6) A detailed monitoring plan, including funding needs 
     and sources, that--
       ``(A) tracks and identifies the positive or negative 
     impacts of the project, implementation, and provides for 
     validation monitoring; and
       ``(B) includes an assessment of the following:
       ``(i) Whether or not the project met or exceeded desired 
     ecological conditions; created local employment or training 
     opportunities, including summer youth jobs programs such as 
     the Youth Conservation Corps where appropriate.
       ``(ii) Whether the project improved the use of, or added 
     value to, any products removed from land consistent with the 
     purposes of this title.
       ``(7) An assessment that the project is to be in the public 
     interest.
       ``(c) Authorized Projects.--Projects proposed under 
     subsection (a) shall be consistent with section 2.

     ``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY 
                   CONCERNED.

       ``(a) Conditions for Approval of Proposed Project.--The 
     Secretary concerned may make a decision to approve a project 
     submitted by a resource advisory committee under section 203 
     only if the proposed project satisfies each of the following 
     conditions:
       ``(1) The project complies with all applicable Federal laws 
     (including regulations).
       ``(2) The project is consistent with the applicable 
     resource management plan and with any watershed or subsequent 
     plan developed pursuant to the resource management plan and 
     approved by the Secretary concerned.
       ``(3) The project has been approved by the resource 
     advisory committee in accordance with section 205, including 
     the procedures issued under subsection (e) of that section.
       ``(4) A project description has been submitted by the 
     resource advisory committee to the Secretary concerned in 
     accordance with section 203.
       ``(5) The project will improve the maintenance of existing 
     infrastructure, implement stewardship objectives that enhance 
     forest ecosystems, and restore and improve land health and 
     water quality.
       ``(b) Environmental Reviews.--
       ``(1) Request for payment by county.--The Secretary 
     concerned may request the resource advisory committee 
     submitting a proposed project to agree to the use of project 
     funds to pay for any environmental review, consultation, or 
     compliance with applicable environmental laws required in 
     connection with the project.
       ``(2) Conduct of environmental review.--If a payment is 
     requested under paragraph (1) and the resource advisory 
     committee agrees to the expenditure of funds for this 
     purpose, the Secretary concerned shall conduct environmental 
     review, consultation, or other compliance responsibilities in 
     accordance with Federal laws (including regulations).
       ``(3) Effect of refusal to pay.--
       ``(A) In general.--If a resource advisory committee does 
     not agree to the expenditure of funds under paragraph (1), 
     the project shall be deemed withdrawn from further 
     consideration by the Secretary concerned pursuant to this 
     title.
       ``(B) Effect of withdrawal.--A withdrawal under 
     subparagraph (A) shall be deemed to be a rejection of the 
     project for purposes of section 207(c).
       ``(c) Decisions of Secretary Concerned.--
       ``(1) Rejection of projects.--
       ``(A) In general.--A decision by the Secretary concerned to 
     reject a proposed project shall be at the sole discretion of 
     the Secretary concerned.
       ``(B) No administrative appeal or judicial review.--
     Notwithstanding any other provision of law, a decision by the 
     Secretary concerned to reject a proposed project shall not be 
     subject to administrative appeal or judicial review.
       ``(C) Notice of rejection.--Not later than 30 days after 
     the date on which the Secretary concerned makes the rejection 
     decision, the Secretary concerned shall notify in writing the 
     resource advisory committee that submitted the proposed 
     project of the rejection and the reasons for rejection.
       ``(2) Notice of project approval.--The Secretary concerned 
     shall publish in the Federal Register notice of each project 
     approved under subsection (a) if the notice would be required 
     had the project originated with the Secretary.
       ``(d) Source and Conduct of Project.--Once the Secretary 
     concerned accepts a project for review under section 203, the 
     acceptance shall be deemed a Federal action for all purposes.
       ``(e) Implementation of Approved Projects.--
       ``(1) Cooperation.--Notwithstanding chapter 63 of title 31, 
     United States Code, using project funds the Secretary 
     concerned may enter into contracts, grants, and cooperative 
     agreements with States and local governments, private and 
     nonprofit entities, and landowners and other persons to 
     assist the Secretary in carrying out an approved project.
       ``(2) Best value contracting.--
       ``(A) In general.--For any project involving a contract 
     authorized by paragraph (1) the Secretary concerned may elect 
     a source for performance of the contract on a best value 
     basis.
       ``(B) Factors.--The Secretary concerned shall determine 
     best value based on such factors as--
       ``(i) the technical demands and complexity of the work to 
     be done;
       ``(ii)(I) the ecological objectives of the project; and
       ``(II) the sensitivity of the resources being treated;
       ``(iii) the past experience by the contractor with the type 
     of work being done, using the type of equipment proposed for 
     the project, and meeting or exceeding desired ecological 
     conditions; and
       ``(iv) the commitment of the contractor to hiring highly 
     qualified workers and local residents.
       ``(3) Merchantable timber contracting pilot program.--
       ``(A) Establishment.--The Secretary concerned shall 
     establish a pilot program to implement a certain percentage 
     of approved projects involving the sale of merchantable 
     timber using separate contracts for--
       ``(i) the harvesting or collection of merchantable timber; 
     and
       ``(ii) the sale of the timber.
       ``(B) Annual percentages.--Under the pilot program, the 
     Secretary concerned shall ensure that, on a nationwide basis, 
     not less than the following percentage of all approved 
     projects involving the sale of merchantable timber are 
     implemented using separate contracts:
       ``(i) For fiscal year 2007, 25 percent.
       ``(ii) For fiscal year 2008, 35 percent.
       ``(iii) For fiscal year 2009, 45 percent.
       ``(iv) For each of fiscal years 2010 and 2011, 50 percent.
       ``(C) Inclusion in pilot program.--The decision whether to 
     use separate contracts to implement a project involving the 
     sale of merchantable timber shall be made by the Secretary 
     concerned after the approval of the project under this title.
       ``(D) Assistance.--
       ``(i) In general.--The Secretary concerned may use funds 
     from any appropriated account available to the Secretary for 
     the Federal land to assist in the administration of projects 
     conducted under the pilot program.
       ``(ii) Maximum amount of assistance.--The total amount 
     obligated under this subparagraph may not exceed $1,000,000 
     for any fiscal year during which the pilot program is in 
     effect.
       ``(E) Review and report.--
       ``(i) Initial report.--Not later than September 30, 2009, 
     the Comptroller General shall submit to the Committees on 
     Agriculture, Nutrition, and Forestry and Energy and Natural 
     Resources of the Senate and the Committees on Agriculture and 
     Natural Resources of the House of Representatives a report 
     assessing the pilot program.
       ``(ii) Annual report.--The Secretary concerned shall submit 
     to the Committees on Agriculture, Nutrition, and Forestry and 
     Energy and Natural Resources of the Senate and the Committees 
     on Agriculture and Natural Resources of the House of 
     Representatives an annual report describing the results of 
     the pilot program.
       ``(f) Requirements for Project Funds.--The Secretary shall 
     ensure that at least 50 percent of all project funds be used 
     for projects that are primarily dedicated--
       ``(1) to road maintenance, decommissioning, or 
     obliteration; or
       ``(2) to restoration of streams and watersheds.

     ``SEC. 205. RESOURCE ADVISORY COMMITTEES.

       ``(a) Establishment and Purpose of Resource Advisory 
     Committees.--
       ``(1) Establishment.--The Secretary concerned shall 
     establish and maintain resource advisory committees to 
     perform the duties in subsection (b), except as provided in 
     paragraph (4).
       ``(2) Purpose.--The purpose of a resource advisory 
     committee shall be--
       ``(A) to improve collaborative relationships; and
       ``(B) to provide advice and recommendations to the land 
     management agencies consistent with the purposes of this 
     title.
       ``(3) Access to resource advisory committees.--To ensure 
     that each unit of Federal land has access to a resource 
     advisory committee, and that there is sufficient interest in 
     participation on a committee to ensure that membership can be 
     balanced in terms of the points of view represented and the 
     functions to be performed, the Secretary concerned may, 
     establish resource advisory

[[Page S6206]]

     committees for part of, or 1 or more, units of Federal land.
       ``(4) Existing advisory committees.--
       ``(A) In general.--An advisory committee that meets the 
     requirements of this section, a resource advisory committee 
     established before September 29, 2006, or an advisory 
     committee determined by the Secretary concerned before 
     September 29, 2006, to meet the requirements of this section 
     may be deemed by the Secretary concerned to be a resource 
     advisory committee for the purposes of this title.
       ``(B) Charter.--A charter for a committee described in 
     subparagraph (A) that was filed on or before September 29, 
     2006, shall be considered to be filed for purposes of this 
     Act.
       ``(C) Bureau of land management advisory committees.--The 
     Secretary of the Interior may deem a resource advisory 
     committee meeting the requirements of subpart 1784 of part 
     1780 of title 43, Code of Federal Regulations, as a resource 
     advisory committee for the purposes of this title.
       ``(b) Duties.--A resource advisory committee shall--
       ``(1) review projects proposed under this title by 
     participating counties and other persons;
       ``(2) propose projects and funding to the Secretary 
     concerned under section 203;
       ``(3) provide early and continuous coordination with 
     appropriate land management agency officials in recommending 
     projects consistent with purposes of this Act under this 
     title;
       ``(4) provide frequent opportunities for citizens, 
     organizations, tribes, land management agencies, and other 
     interested parties to participate openly and meaningfully, 
     beginning at the early stages of the project development 
     process under this title;
       ``(5)(A) monitor projects that have been approved under 
     section 204; and
       ``(B) advise the designated Federal official on the 
     progress of the monitoring efforts under subparagraph (A); 
     and
       ``(6) make recommendations to the Secretary concerned for 
     any appropriate changes or adjustments to the projects being 
     monitored by the resource advisory committee.
       ``(c) Appointment by the Secretary.--
       ``(1) Appointment and term.--
       ``(A) In general.--The Secretary concerned, shall appoint 
     the members of resource advisory committees for a term of 4 
     years beginning on the date of appointment.
       ``(B) Reappointment.--The Secretary concerned may reappoint 
     members to subsequent 4-year terms.
       ``(2) Basic requirements.--The Secretary concerned shall 
     ensure that each resource advisory committee established 
     meets the requirements of subsection (d).
       ``(3) Initial appointment.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary 
     concerned shall make initial appointments to the resource 
     advisory committees.
       ``(4) Vacancies.--The Secretary concerned shall make 
     appointments to fill vacancies on any resource advisory 
     committee as soon as practicable after the vacancy has 
     occurred.
       ``(5) Compensation.--Members of the resource advisory 
     committees shall not receive any compensation.
       ``(d) Composition of Advisory Committee.--
       ``(1) Number.--Each resource advisory committee shall be 
     comprised of 15 members.
       ``(2) Community interests represented.--Committee members 
     shall be representative of the interests of the following 3 
     categories:
       ``(A) 5 persons that--
       ``(i) represent organized labor or non-timber forest 
     product harvester groups;
       ``(ii) represent developed outdoor recreation, off highway 
     vehicle users, or commercial recreation activities;
       ``(iii) represent--

       ``(I) energy and mineral development interests; or
       ``(II) commercial or recreational fishing interests;

       ``(iv) represent the commercial timber industry; or
       ``(v) hold Federal grazing or other land use permits, or 
     represent nonindustrial private forest land owners, within 
     the area for which the committee is organized.
       ``(B) 5 persons that represent--
       ``(i) nationally recognized environmental organizations;
       ``(ii) regionally or locally recognized environmental 
     organizations;
       ``(iii) dispersed recreational activities;
       ``(iv) archaeological and historical interests; or
       ``(v) nationally or regionally recognized wild horse and 
     burro interest groups, wildlife or hunting organizations, or 
     watershed associations.
       ``(C) 5 persons that--
       ``(i) hold State elected office (or a designee);
       ``(ii) hold county or local elected office;
       ``(iii) represent American Indian tribes within or adjacent 
     to the area for which the committee is organized;
       ``(iv) are school officials or teachers; or
       ``(v) represent the affected public at large.
       ``(3) Balanced representation.--In appointing committee 
     members from the 3 categories in paragraph (2), the Secretary 
     concerned shall provide for balanced and broad representation 
     from within each category.
       ``(4) Geographic distribution.--The members of a resource 
     advisory committee shall reside within the State in which the 
     committee has jurisdiction and, to extent practicable, the 
     Secretary concerned shall ensure local representation in each 
     category in paragraph (2).
       ``(5) Chairperson.--A majority on each resource advisory 
     committee shall select the chairperson of the committee.
       ``(e) Approval Procedures.--
       ``(1) In general.--Subject to paragraph (3), each resource 
     advisory committee shall establish procedures for proposing 
     projects to the Secretary concerned under this title.
       ``(2) Quorum.--A quorum must be present to constitute an 
     official meeting of the committee.
       ``(3) Approval by majority of members.--A project may be 
     proposed by a resource advisory committee to the Secretary 
     concerned under section 203(a), if the project has been 
     approved by a majority of members of the committee from each 
     of the 3 categories in subsection (d)(2).
       ``(f) Other Committee Authorities and Requirements.--
       ``(1) Staff assistance.--A resource advisory committee may 
     submit to the Secretary concerned a request for periodic 
     staff assistance from Federal employees under the 
     jurisdiction of the Secretary.
       ``(2) Meetings.--All meetings of a resource advisory 
     committee shall be announced at least 1 week in advance in a 
     local newspaper of record and shall be open to the public.
       ``(3) Records.--A resource advisory committee shall 
     maintain records of the meetings of the committee and make 
     the records available for public inspection.

     ``SEC. 206. USE OF PROJECT FUNDS.

       ``(a) Agreement Regarding Schedule and Cost of Project.--
       ``(1) Agreement between parties.--The Secretary concerned 
     may carry out a project submitted by a resource advisory 
     committee under section 203(a) using project funds or other 
     funds described in section 203(a)(2), if, as soon as 
     practicable after the issuance of a decision document for the 
     project and the exhaustion of all administrative appeals and 
     judicial review of the project decision, the Secretary 
     concerned and the resource advisory committee enter into an 
     agreement addressing, at a minimum, the following:
       ``(A) The schedule for completing the project.
       ``(B) The total cost of the project, including the level of 
     agency overhead to be assessed against the project.
       ``(C) For a multiyear project, the estimated cost of the 
     project for each of the fiscal years in which it will be 
     carried out.
       ``(D) The remedies for failure of the Secretary concerned 
     to comply with the terms of the agreement consistent with 
     current Federal law.
       ``(2) Limited use of federal funds.--The Secretary 
     concerned may decide, at the sole discretion of the Secretary 
     concerned, to cover the costs of a portion of an approved 
     project using Federal funds appropriated or otherwise 
     available to the Secretary for the same purposes as the 
     project.
       ``(b) Transfer of Project Funds.--
       ``(1) Initial transfer required.--As soon as practicable 
     after the agreement is reached under subsection (a) with 
     regard to a project to be funded in whole or in part using 
     project funds, or other funds described in section 203(a)(2), 
     the Secretary concerned shall transfer to the applicable unit 
     of National Forest System land or Bureau of Land Management 
     District an amount of project funds equal to--
       ``(A) in the case of a project to be completed in a single 
     fiscal year, the total amount specified in the agreement to 
     be paid using project funds, or other funds described in 
     section 203(a)(2); or
       ``(B) in the case of a multiyear project, the amount 
     specified in the agreement to be paid using project funds, or 
     other funds described in section 203(a)(2) for the first 
     fiscal year.
       ``(2) Condition on project commencement.--The unit of 
     National Forest System land or Bureau of Land Management 
     District concerned, shall not commence a project until the 
     project funds, or other funds described in section 203(a)(2) 
     required to be transferred under paragraph (1) for the 
     project, have been made available by the Secretary concerned.
       ``(3) Subsequent transfers for multiyear projects.--
       ``(A) In general.--For the second and subsequent fiscal 
     years of a multiyear project to be funded in whole or in part 
     using project funds, the unit of National Forest System land 
     or Bureau of Land Management District concerned shall use the 
     amount of project funds required to continue the project in 
     that fiscal year according to the agreement entered into 
     under subsection (a).
       ``(B) Suspension of work.--The Secretary concerned shall 
     suspend work on the project if the project funds required by 
     the agreement in the second and subsequent fiscal years are 
     not available.

     ``SEC. 207. AVAILABILITY OF PROJECT FUNDS.

       ``(a) Submission of Proposed Projects to Obligate Funds.--
     By September 30 of each fiscal year through fiscal year 2011, 
     a resource advisory committee shall submit to the Secretary 
     concerned pursuant to section 203(a)(1) a sufficient number 
     of project proposals that, if approved, would result in the 
     obligation of at least the full amount of the project funds 
     reserved by the participating county in the preceding fiscal 
     year.
       ``(b) Use or Transfer of Unobligated Funds.--Subject to 
     section 208, if a resource advisory committee fails to comply 
     with subsection (a) for a fiscal year, any project

[[Page S6207]]

     funds reserved by the participating county in the preceding 
     fiscal year and remaining unobligated shall be available for 
     use as part of the project submissions in the next fiscal 
     year.
       ``(c) Effect of Rejection of Projects.--Subject to section 
     208, any project funds reserved by a participating county in 
     the preceding fiscal year that are unobligated at the end of 
     a fiscal year because the Secretary concerned has rejected 
     one or more proposed projects shall be available for use as 
     part of the project submissions in the next fiscal year.
       ``(d) Effect of Court Orders.--
       ``(1) In general.--If an approved project under this Act is 
     enjoined or prohibited by a Federal court, the Secretary 
     concerned shall return the unobligated project funds related 
     to the project to the participating county or counties that 
     reserved the funds.
       ``(2) Expenditure of funds.--The returned funds shall be 
     available for the county to expend in the same manner as the 
     funds reserved by the county under subparagraph (B) or (C)(i) 
     of section 102(d)(1).

     ``SEC. 208. TERMINATION OF AUTHORITY.

       ``(a) In General.--The authority to initiate projects under 
     this title shall terminate on September 30, 2011.
       ``(b) Deposits in Treasury.--Any project funds not 
     obligated by September 30, 2012, shall be deposited in the 
     Treasury of the United States.

                       ``TITLE III--COUNTY FUNDS

     ``SEC. 301. DEFINITIONS.

       ``In this title:
       ``(1) County funds.--The term `county funds' means all 
     funds an eligible county elects under section 102(d) to 
     reserve for expenditure in accordance with this title.
       ``(2) Participating county.--The term `participating 
     county' means an eligible county that elects under section 
     102(d) to expend a portion of the Federal funds received 
     under section 102 in accordance with this title.

     ``SEC. 302. USE.

       ``(a) Authorized Uses.--A participating county, including 
     any applicable agencies of the participating county, shall 
     use county funds, in accordance with this title, only--
       ``(1) to carry out activities under the Firewise 
     Communities program to provide to homeowners in fire-
     sensitive ecosystems education on, and assistance with 
     implementing, techniques in home siting, home construction, 
     and home landscaping that can increase the protection of 
     people and property from wildfires;
       ``(2) to reimburse the participating county for search and 
     rescue and other emergency services, including firefighting, 
     that are--
       ``(A) performed on Federal land after the date on which the 
     use was approved under subsection (b);
       ``(B) paid for by the participating county; and
       ``(3) to develop community wildfire protection plans in 
     coordination with the appropriate Secretary concerned.
       ``(b) Proposals.--A participating county shall use county 
     funds for a use described in subsection (a) only after a 45-
     day public comment period, at the beginning of which the 
     participating county shall--
       ``(1) publish in any publications of local record a 
     proposal that describes the proposed use of the county funds; 
     and
       ``(2) submit the proposal to any resource advisory 
     committee established under section 205 for the participating 
     county.

     ``SEC. 303. CERTIFICATION.

       ``(a) In General.--Not later than February 1 of the year 
     after the year in which any county funds were expended by a 
     participating county, the appropriate official of the 
     participating county shall submit to the Secretary concerned 
     a certification that the county funds expended in the 
     applicable year have been used for the uses authorized under 
     section 302(a), including a description of the amounts 
     expended and the uses for which the amounts were expended.
       ``(b) Review.--The Secretary concerned shall review the 
     certifications submitted under subsection (a) as the 
     Secretary concerned determines to be appropriate.

     ``SEC. 304. TERMINATION OF AUTHORITY.

       ``(a) In General.--The authority to initiate projects under 
     this title terminates on September 30, 2011.
       ``(b) Availability.--Any county funds not obligated by 
     September 30, 2012, shall be returned to the Treasury of the 
     United States.

                  ``TITLE IV--MISCELLANEOUS PROVISIONS

     ``SEC. 401. REGULATIONS.

       ``The Secretary of Agriculture and the Secretary of the 
     Interior shall issue regulations to carry out the purposes of 
     this Act.

     ``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this Act for each of 
     fiscal years 2007 through 2011.
       ``(b) Emergency Designation.--Of the amounts authorized to 
     be appropriated under subsection (a) for fiscal year 2007, 
     $425,000,000 is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).

     ``SEC. 403. TREATMENT OF FUNDS AND REVENUES.

       ``(a) Relation to Other Appropriations.--Funds made 
     available under section 402 and funds made available to a 
     Secretary concerned under section 206 shall be in addition to 
     any other annual appropriations for the Forest Service and 
     the Bureau of Land Management.
       ``(b) Deposit of Revenues and Other Funds.--All revenues 
     generated from projects pursuant to title II, including any 
     interest accrued from the revenues, shall be deposited in the 
     Treasury of the United States.''.
       (b) Forest Receipt Payments to Eligible States and 
     Counties.--
       (1) Act of may 23, 1908.--The sixth paragraph under the 
     heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 
     U.S.C. 500) is amended in the first sentence by striking 
     ``twenty-five percentum'' and all that follows through 
     ``shall be paid'' and inserting the following: ``an amount 
     equal to the annual average of 25 percent of all amounts 
     received for the applicable fiscal year and each of the 
     preceding 6 fiscal years from each national forest shall be 
     paid''.
       (2) Weeks law.--Section 13 of the Act of March 1, 1911 
     (commonly known as the ``Weeks Law'') (16 U.S.C. 500) is 
     amended in the first sentence by striking ``twenty-five 
     percentum'' and all that follows through ``shall be paid'' 
     and inserting the following: ``an amount equal to the annual 
     average of 25 percent of all amounts received for the 
     applicable fiscal year and each of the preceding 6 fiscal 
     years from each national forest shall be paid''.
       (c) Payments in Lieu of Taxes.--
       (1) In general.--Section 6906 of title 31, United States 
     Code, is amended to read as follows:

     ``Sec. 6906. Funding

       ``For each of fiscal years 2008 through 2012--
       ``(1) each county or other eligible unit of local 
     government shall be entitled to payment under this chapter; 
     and
       ``(2) sums shall be made available to the Secretary of the 
     Interior for obligation or expenditure in accordance with 
     this chapter.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 69 of title 31, United States Code, is amended by 
     striking the item relating to section 6906 and inserting the 
     following:

``6906. Funding.''.
       (3) Budget scorekeeping.--
       (A) In general.--Notwithstanding the Budget Scorekeeping 
     Guidelines and the accompanying list of programs and accounts 
     set forth in the joint explanatory statement of the committee 
     of conference accompanying Conference Report 105-217, the 
     amendment made by paragraph (1)--
       (i) shall be treated under section 252 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (as in 
     effect before September 30, 2002), by the Chairpersons of the 
     Committee on the Budget of the House of Representatives and 
     the Committee on the Budget of the Senate, as appropriate, 
     for purposes of budget enforcement in the House of 
     Representatives and the Senate, and under the Congressional 
     Budget Act of 1974 (2 U.S.C. 601 et seq.) as changing direct 
     spending or receipts, as appropriate (as if such language 
     were included in an Act other than an appropriations Act); 
     and
       (ii) shall be treated in the baseline after fiscal year 
     2008 for purposes of section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907) (as in 
     effect before September 30, 2002), by the Chairpersons of the 
     Committee on the Budget of the House of Representatives and 
     the Committee on the Budget of the Senate, as appropriate, 
     for purposes of budget enforcement in the House of 
     Representatives and the Senate, and under the Congressional 
     Budget Act of 1974 (2 U.S.C. 601 et seq.) as if Payment in 
     Lieu of Taxes (14-1114-0-1-806) were an account designated as 
     Appropriated Entitlements and Mandatories for Fiscal Year 
     1997 in the joint explanatory statement of the committee of 
     conference accompanying Conference Report 105-217.
       (B) Effective date.--This paragraph shall--
       (i) be effective beginning on the date of enactment of this 
     Act; and
       (ii) remain in effect for any fiscal year for which the 
     entitlement in section 6906 of title 31, United States Code 
     (as amended by paragraph (1)), applies.
       (d) Modification of Effective Date of Leasing Provisions of 
     the American Jobs Creation Act of 2004.--
       (1) Leases to foreign entities.--Section 849(b) of the 
     American Jobs Creation Act of 2004 is amended by adding at 
     the end the following new paragraph:
       ``(5) Leases to foreign entities.--In the case of tax-
     exempt use property leased to a tax-exempt entity which is a 
     foreign person or entity, the amendments made by this part 
     shall apply to taxable years beginning after December 31, 
     2006, with respect to leases entered into on or before March 
     12, 2004.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of the 
     American Jobs Creation Act of 2004.
       (e) Application of Rules Treating Inverted Corporations as 
     Domestic Corporations to Certain Transactions Occurring After 
     March 20, 2002.--
       (1) In general.--Section 7874(b) (relating to inverted 
     corporations treated as domestic corporations) is amended to 
     read as follows:
       ``(b) Inverted Corporations Treated as Domestic 
     Corporations.--
       ``(1) In general.--Notwithstanding section 7701(a)(4), a 
     foreign corporation shall be treated for purposes of this 
     title as a domestic corporation if such corporation would be

[[Page S6208]]

     a surrogate foreign corporation if subsection (a)(2) were 
     applied by substituting `80 percent' for `60 percent'.
       ``(2) Special rule for certain transactions occurring after 
     march 20, 2002.--
       ``(A) In general.--If--
       ``(i) paragraph (1) does not apply to a foreign 
     corporation, but
       ``(ii) paragraph (1) would apply to such corporation if, in 
     addition to the substitution under paragraph (1), subsection 
     (a)(2) were applied by substituting `March 20, 2002' for 
     `March 4, 2003' each place it appears,
     then paragraph (1) shall apply to such corporation but only 
     with respect to taxable years of such corporation beginning 
     after December 31, 2006.
       ``(B) Special rules.--Subject to such rules as the 
     Secretary may prescribe, in the case of a corporation to 
     which paragraph (1) applies by reason of this paragraph--
       ``(i) the corporation shall be treated, as of the close of 
     its last taxable year beginning before January 1, 2007, as 
     having transferred all of its assets, liabilities, and 
     earnings and profits to a domestic corporation in a 
     transaction with respect to which no tax is imposed under 
     this title,
       ``(ii) the bases of the assets transferred in the 
     transaction to the domestic corporation shall be the same as 
     the bases of the assets in the hands of the foreign 
     corporation, subject to any adjustments under this title for 
     built-in losses,
       ``(iii) the basis of the stock of any shareholder in the 
     domestic corporation shall be the same as the basis of the 
     stock of the shareholder in the foreign corporation for which 
     it is treated as exchanged, and
       ``(iv) the transfer of any earnings and profits by reason 
     of clause (i) shall be disregarded in determining any deemed 
     dividend or foreign tax creditable to the domestic 
     corporation with respect to such transfer.
       ``(C) Regulations.--The Secretary may prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this paragraph, including regulations to prevent the 
     avoidance of the purposes of this paragraph.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2006.
                                 ______
                                 
  SA 1140. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1495, to provide for the conservation and 
development of water and related resources, to authorize the Secretary 
of the Army to construct various projects for improvements to rivers 
and harbors of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. 3___. RATHBUN LAKE, IOWA.

       (a) Right of First Refusal.--The Secretary shall provide, 
     in accordance with the recommendations in the Rathbun Lake 
     Reallocation Report approved by the Chief of Engineers on 
     July 22, 1985, the Rathbun Regional Water Association with 
     the right of first refusal to contract for or purchase any 
     increment of the remaining allocation (8,320 acre-feet) of 
     water supply storage in Rathbun Lake, Iowa.
       (b) Payment of Cost.--The Rathbun Regional Water 
     Association shall pay the cost of any water supply storage 
     allocation provided under subsection (a).
                                 ______
                                 
  SA 1141. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 2206, making emergency supplemental 
appropriations and additional supplemental appropriations for 
agricultural and other emergency assistance for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IRAQ.

       (a) United States Strategy in Iraq.--The United States 
     strategy in Iraq, hereafter, shall be conditioned on the 
     Government of Iraq meeting benchmarks including the 
     following:
       (1) Whether the Government of Iraq has given United States 
     Armed Forces and Iraqi Security Forces the authority to 
     pursue all extremists, including Sunni insurgents and Shiite 
     militias, and is making substantial progress in delivering 
     necessary Iraqi Security Forces for Baghdad and protecting 
     such Forces from political interference; intensifying efforts 
     to build balanced security forces throughout Iraq that 
     provide even-handed security for all Iraqis; ensuring that 
     Iraq's political authorities are not undermining or making 
     false accusations against members of the Iraqi Security 
     Forces; eliminating militia control of local security; 
     establishing a strong militia disarmament program; ensuring 
     fair and just enforcement of laws; establishing political, 
     media, economic, and service committees in support of the 
     Baghdad Security Plan; and eradicating safe havens.
       (2) Whether the Government of Iraq is making substantial 
     progress in meeting its commitment to pursue reconciliation 
     initiatives, including enactment of a hydro-carbon law; 
     adoption of legislation necessary for the conduct of 
     provincial and local elections; reform of current laws 
     governing the de-Baathification process; amendment of the 
     Constitution of Iraq; and allocation of Iraqi revenues for 
     reconstruction projects.
       (3) Whether the Government of Iraq and United States Armed 
     Forces are making substantial progress in reducing the level 
     of sectarian violence in Iraq.
       (4) Whether the Government of Iraq is ensuring the rights 
     of minority political parties in the Iraqi Parliament are 
     protected.
       (b) Reports on Progress in Iraq.--On July 15, 2007, the 
     Commander, Multi-National Forces-Iraq and the United States 
     Ambassador to Iraq shall jointly submit to Congress a report 
     describing and assessing in detail the current progress being 
     made by the Government of Iraq on the matters set forth in 
     subsection (a). The Commander, Multi-National Forces-Iraq and 
     the United States Ambassador to Iraq shall submit a 
     subsequent joint report to Congress on such matters on 
     September 15, 2007.
       (c) Requests for Funds for Fiscal Years After Fiscal Year 
     2008.--(1) Any request for funds for a fiscal year after 
     fiscal year 2008 for ongoing military operations in 
     Afghanistan and Iraq should be included in the annual budget 
     of the President for such fiscal year as submitted to 
     Congress under section 1105(a) of title 31, United States 
     Code.
       (2) Any request for funds for a fiscal year after fiscal 
     year 2008 for ongoing military operations in Iraq and 
     Afghanistan should provide an estimate of all funds required 
     in that fiscal year for such operations.
       (3) Any funds provided for ongoing military operations in 
     Iraq and Afghanistan should be provided in appropriations 
     Acts for such fiscal year through appropriations to specific 
     accounts set forth in such appropriations Acts.
       (d) Limitation on Availability of Certain Funds.--(1) 
     Notwithstanding any other provision of law and except as 
     provided in paragraph (2), of the amounts appropriated or 
     otherwise made available by this Act, or by any other Act 
     that remain available for obligation as of the date of the 
     enactment of this Act, for assistance for Iraq under the 
     headings ``Economic Support Fund'' and ``International 
     Narcotics and Law Enforcement'', an amount equal to 75 
     percent of such amounts may not be obligated until the 
     President certifies to the Committees on Appropriations, 
     Armed Services, and Foreign Relations of the Senate and the 
     Committees on Appropriations, Armed Services, and Foreign 
     Affairs of the House of Representatives that the Government 
     of Iraq is making substantial progress towards meeting each 
     of the benchmarks set forth in subsection (a).
       (2) The requirement to withhold funds from obligation 
     pursuant to paragraph (1) shall not apply with respect to 
     funds appropriated or otherwise made available under the 
     heading ``Economic Support Fund'' for continued support for--
       (A) the Community Action Program and the Community 
     Stabilization Program in Iraq administered by the United 
     States Agency for International Development; or
       (B) programs and activities to promote democracy and human 
     rights in Iraq.
                                 ______
                                 
  SA 1142. Mr. BOND (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill H.R. 2206, making 
emergency supplemental appropriations and additional supplemental 
appropriations for agricultural and other emergency assistance for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 110, line 14, strike ``$153,300,000'' and insert 
     ``$173,300,000''.
       On page 110, line 20, insert after ``division'' the 
     following: ``: Provided further, That not less than 
     $20,000,000 of the amount made available under this heading 
     shall be used for Corps of Engineers projects to support 
     emergency operations, repairs, and other activities in the 
     Midwest in response to storm damage in that region that 
     occurred during May 2007''.
                                 ______
                                 
  SA 1143. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 2206, making emergency supplemental 
appropriations and additional supplemental appropriations for 
agricultural and other emergency assistance for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of chapter 6 of title V of division A, insert 
     the following:

     SEC. 5613. TREATMENT OF LIABILITY FOR CERTAIN MULTIPLE 
                   EMPLOYER PLANS.

       (a) In General.--In the case of an applicable pension 
     plan--
       (1) if an eligible employer elects the application of 
     subsection (b), any liability of the employer with respect to 
     the applicable pension plan shall be determined under 
     subsection (b), and
       (2) if an eligible employer does not make such election, 
     any liability of the employer with respect to the applicable 
     pension plan shall be determined under subsection (c).
       (b) Election to Spin Off Liability.--
       (1) In general.--If an eligible employer elects, within 180 
     days after the date of the enactment of this Act, to have 
     this subsection apply, the applicable pension plan shall be 
     treated as having, effective January

[[Page S6209]]

     1, 2006, spun off such employer's allocable portion of the 
     plan's assets and liabilities to an eligible spunoff plan and 
     the employer's liability with respect to the applicable 
     pension plan shall be determined by reference to the eligible 
     spunoff plan in the manner provided under paragraph (2). The 
     employer's liability, as so determined, shall be in lieu of 
     any other liability to the Pension Benefit Guaranty 
     Corporation or to the applicable pension plan with respect to 
     the applicable pension plan.
       (2) Liability of employers electing spinoff.--
       (A) Ongoing funding liability.--
       (i) In general.--In the case of an eligible spunoff plan, 
     the amendments made by section 401, and subtitles A and B of 
     title I, of the Pension Protection Act of 2006 shall not 
     apply to plan years beginning before the first plan year for 
     which the plan ceases to be an eligible spunoff plan (or, if 
     earlier, January 1, 2017), and except as provided in clause 
     (ii), the employer maintaining such plan shall be liable for 
     ongoing contributions to the eligible spunoff plan on the 
     same terms and subject to the same conditions as under the 
     provisions of the Employee Retirement Income Security Act of 
     1974 and the Internal Revenue Code of 1986 as in effect 
     before such amendments. Such liability shall be in lieu of 
     any other liability to the Pension Benefit Guaranty 
     Corporation or to the applicable pension plan with respect to 
     the applicable pension plan.
       (ii) Interest rate.--In applying section 302(b)(5)(B) of 
     the Employee Retirement Income Security Act of 1974 and 
     section 412(b)(5)(B) of the Internal Revenue Code of 1986 (as 
     in effect before the amendments made by subtitles A and B of 
     title I of the Pension Protection Act of 2006) and in 
     applying section 4006(a)(3)(E)(iii) of such Act (as in effect 
     before the amendments made by section 401 of such Act) to an 
     eligible spunoff plan for plan years beginning after December 
     31, 2007, and before the first plan year to which such 
     amendments apply, the third segment rate determined under 
     section 303(h)(2)(C)(iii) of such Act and section 
     430(h)(2)(C)(iii) of such Code (as added by such amendments) 
     shall be used in lieu of the interest rate otherwise used.
       (B) Termination liability.--If an eligible spunoff plan 
     terminates under title IV of the Employee Retirement Income 
     Security Act of 1974 on or before December 31, 2010, the 
     liability of the employer maintaining such plan resulting 
     from such termination under section 4062 of the Employee 
     Retirement Income Security Act of 1974 shall be determined in 
     accordance with the assumptions and methods described in 
     subsection (c)(2)(A). The employer's liability, as so 
     determined, shall be in lieu of any other liability to the 
     Pension Benefit Guaranty Corporation or to the applicable 
     pension plan with respect to the applicable pension plan.
       (c) Liability of Employers Not Electing Spinoff.--
       (1) In general.--If an applicable pension plan is 
     terminated under the Employee Retirement Income Security Act 
     of 1974, an eligible employer which does not make the 
     election described in subsection (b) shall be liable to the 
     corporation with respect to the applicable pension plan (in 
     lieu of any other liability to the Pension Benefit Guaranty 
     Corporation or to the applicable pension plan with respect to 
     the applicable pension plan ) in an amount equal to the 
     fractional portion of the adjusted unfunded benefit 
     liabilities of such plan as of December 31, 2005, determined 
     without regard to any adjusted unfunded benefit liabilities 
     to be transferred to an eligible spunoff plan pursuant to 
     subsection (b).
       (2) Definitions.--For purposes of this subsection--
       (A) Adjusted unfunded benefit liabilities.--The term 
     ``adjusted unfunded benefit liabilities'' means the amount of 
     unfunded benefit liabilities (as defined in section 
     4001(a)(18) of the Employee Retirement Income Security Act of 
     1974), except that the interest assumption shall be the rate 
     of interest under section 302(b) of the Employee Retirement 
     Income Security Act of 1974 and section 412(b) of the 
     Internal Revenue Code of 1986, as in effect before the 
     amendments made by the Pension Protection Act of 2006, for 
     the most recent plan year for which such rate exists.
       (B) Fractional portion.--The term ``fractional portion'' 
     means a fraction, the numerator of which is the amount 
     required to be contributed to the applicable pension plan for 
     the 5 plan years ending before December 31, 2005, by such 
     employer, and the denominator of which is the amount required 
     to be contributed to such plan for such plan years by all 
     employers which do not make the election described in 
     subsection (b).
       (d) Other Definitions.--For purposes of this section--
       (1) Applicable pension plan.--The term ``applicable pension 
     plan'' means a single employer plan which--
       (A) was established in the State of Alaska on March 18, 
     1967, and
       (B) as of January 1, 2005, had 2 or more contributing 
     sponsors at least 2 of which were not under common control.
       (2) Allocable portion.--The term ``allocable portion'' 
     means, with respect to any eligible employer making an 
     election under subsection (b), the portion of an applicable 
     pension plan's liabilities and assets which bears the same 
     ratio to all such liabilities and assets as such employer's 
     share (determined under subsection (c) as if no eligible 
     employer made an election under subsection (b)) of the excess 
     (if any) of--
       (A) the liabilities of the plan, valued in accordance with 
     subsection (c), over
       (B) the assets of the plan,
     bears to the total amount of such excess.
       (3) Eligible employer.--An ``eligible employer'' is an 
     employer which participated in an eligible multiple employer 
     plan on or after January 1, 2000.
                                 ______
                                 
  SA 1144. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 1495, to provide for the conservation and 
development of water and related resources, to authorize the Secretary 
of the Army to construct various projects for improvements to rivers 
and harbors of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. 3___. RATHBUN LAKE, IOWA.

       (a) Right of First Refusal.--The Secretary shall provide, 
     in accordance with the recommendations in the Rathbun Lake 
     Reallocation Report approved by the Chief of Engineers on 
     July 22, 1985, the Rathbun Regional Water Association with 
     the right of first refusal to contract for or purchase any 
     increment of the remaining allocation (8,320 acre-feet) of 
     water supply storage in Rathbun Lake, Iowa.
       (b) Payment of Cost.--The Rathbun Regional Water 
     Association shall pay the cost of any water supply storage 
     allocation provided under subsection (a).
                                 ______
                                 
  SA 1145. Mrs. BOXER (for herself and Mr. Inhofe) proposed an 
amendment to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. 
Inhofe, Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, to provide 
for the conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; as follows:

       On page 43, line 13, insert ``, subject to section 902 of 
     the Water Resources Development Act of 1986 (100 Stat. 
     4183)'' before the period at the end.
       On page 48, strike lines 22 through 25 and insert the 
     following:
       (4) Working groups.--
       (A) In general.--The Task Force may establish such working 
     groups as the Task Force determines to be necessary to assist 
     the Task Force in carrying out this subsection.
       (B) Integration team.--
       (i) In general.--The Task Force shall establish, for the 
     purposes described in clause (ii), an integration team 
     comprised of--

       (I) independent experts with experience relating to--

       (aa) coastal estuaries;
       (bb) diversions;
       (cc) coastal restoration;
       (dd) wetlands protection;
       (ee) ecosystem restoration;
       (ff) hurricane protection;
       (gg) storm damage reduction systems; and
       (hh) navigation and ports; and

       (II) representatives of--

       (aa) the State of Louisiana; and
       (bb) local governments in southern Louisiana.
       (ii) Purposes.--The purposes referred to in clause (i) 
     are--

       (I) to advise the Task Force and the Secretary regarding 
     opportunities to integrate the planning, engineering, design, 
     implementation, and performance of Corps of Engineers 
     projects for hurricane and storm damage reduction, flood 
     damage reduction, ecosystem restoration, and navigation in 
     areas of Louisiana declared to be a major disaster as a 
     result of Hurricane Katrina or Rita;
       (II) to review reports relating to the performance of, and 
     recommendations relating to the future performance of, the 
     hurricane, coastal, and flood protection systems in southern 
     Louisiana, including the reports issued by the Interagency 
     Performance Evaluation Team, the National Science Foundation, 
     the American Society of Civil Engineers, and Team Louisiana 
     to advise the Task Force and the Secretary on opportunities 
     to improve the performance of the protection systems; and
       (III) to carry out such other duties as the Task Force or 
     the Secretary determine to be appropriate.

       On page 54, line 6, strike ``for participation in'' and 
     insert ``for the 100-year level of flood protection, in 
     accordance with''.
       On page 57, between lines 23 and 24, insert the following:
       (4) Credit.--The Secretary shall credit to the non-Federal 
     share of the cost of the project under this subsection any 
     amount otherwise eligible to be credited under section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) (as 
     amended by section 2001).
       Beginning on page 58, strike line 11 and all that follows 
     through page 60, line 3, and insert the following:
       (s) Mississippi River Gulf Outlet.--
       (1) Deauthorization.--
       (A) In general.--Effective beginning on the date of 
     submission of the plan required under subparagraph (C), the 
     navigation channel portion of the project for navigation, 
     Mississippi River Gulf outlet, authorized by the Act of March 
     29, 1956 (70 Stat. 65, chapter

[[Page S6210]]

     112;100 Stat. 4177; 110 Stat. 3717), which extends from the 
     Gulf of Mexico to Mile 60 at the southern bank of the Gulf 
     Intracoastal Waterway, is not authorized.
       (B) Scope.--Nothing in this paragraph modifies or 
     deauthorizes the Inner Harbor navigation canal replacement 
     project authorized by that Act.
       (C) Closure and restoration plan.--
       (i) In general.--Not later than 180 days after the date of 
     enactment of this Act, 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 final report on the 
     deauthorization of the Mississippi River Gulf outlet, as 
     described under the heading ``Investigations'' under chapter 
     3 of title II of the Emergency Supplemental Appropriations 
     Act for Defense, the Global War on Terror, and Hurricane 
     Recovery, 2006 (Public Law 109-234; 120 Stat. 453).
       (ii) Inclusions.--At a minimum, the report under clause (i) 
     shall include--

       (I) a comprehensive plan to deauthorize navigation on the 
     Mississippi River Gulf outlet;
       (II) a plan to physically modify the Mississippi River Gulf 
     outlet and restore the areas affected by the navigation 
     channel;
       (III) a plan to restore natural features of the ecosystem 
     that will reduce or prevent damage from storm surge;
       (IV) a plan to prevent the intrusion of saltwater into the 
     waterway;
       (V) efforts to integrate the recommendations of this report 
     with the program authorized under subsection (a) and the 
     analysis and design authorized by title I of the Energy and 
     Water Develop Appropriations Act, 2006 (Public Law 109-103; 
     119 Stat. 2247); and
       (VI) consideration of--

       (aa) use of native vegetation; and
       (bb) diversions of fresh water to restore the Lake Borgne 
     ecosystem.
       (D) Construction.--The Secretary shall carry out a plan to 
     close the Mississippi River Gulf outlet and restore and 
     protect the ecosystem substantially in accordance with the 
     plan required under subparagraph (C), if the Secretary 
     determines that the project is cost-effective, 
     environmentally acceptable, and technically feasible.
       On page 64, after line 23, insert the following, and 
     redesignate the subsequent paragraphs accordingly:
       (5) Lawrence gateway, massachusetts.--Project for aquatic 
     ecosystem restoration at the Lawrence Gateway quadrant 
     project along the Merrimack and Spicket Rivers in Lawrence, 
     Massachusetts, in accordance with the general conditions 
     established by the project approval of the Environmental 
     Protection Agency, Region I, including filling abandoned 
     drainage facilities and making improvements to the drainage 
     system on the Lawrence Gateway to prevent continued migration 
     of contaminated sediments into the river systems.
       Strike section 3003 and insert the following:

     SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

       Section 111 of title I of division C of the Consolidated 
     Appropriations Act, 2005 (118 Stat. 2944), is amended by 
     striking subsections (a) and (b) and inserting the following:
       ``(a) Construction of New Facilities.--
       ``(1) Definitions.--In this subsection:
       ``(A) Existing facility.--The term `existing facility' 
     means the administrative and maintenance facility for the 
     project for Black Warrior-Tombigbee Rivers, Alabama, in 
     existence on the date of enactment of the Water Resources 
     Development Act of 2007.
       ``(B) Parcel.--The term `Parcel' means the land owned by 
     the Federal Government in the City of Tuscaloosa, Alabama, as 
     in existence on the date of enactment of the Water Resources 
     Development Act of 2007.
       ``(2) Authorization.--In carrying out the project for Black 
     Warrior-Tombigbee Rivers, Alabama, the Secretary is 
     authorized--
       ``(A) to purchase land on which the Secretary may construct 
     a new maintenance facility, to be located--
       ``(i) at a different location from the existing facility; 
     and
       ``(ii) in the vicinity of the City of Tuscaloosa, Alabama;
       ``(B) at any time during or after the completion of, and 
     relocation to, the new maintenance facility--
       ``(i) to demolish the existing facility; and
       ``(ii) to carry out any necessary environmental clean-up of 
     the Parcel, all at full Federal expense; and
       ``(C) to construct on the Parcel a new administrative 
     facility.
       ``(b) Acquisition and Disposition of Property.--The 
     Secretary--
       ``(1) may acquire any real property necessary for the 
     construction of the new maintenance facility under subsection 
     (a)(2)(A); and
       ``(2) shall convey to the City of Tuscaloosa fee simple 
     title in and to any portion of the Parcel not required for 
     construction of the new administrative facility under 
     subsection (a)(2)(C) through--
       ``(A) sale at fair market value;
       ``(B) exchange of other Federal land on an acre-for-acre 
     basis; or
       ``(C) another form of transfer.''.
       At the appropriate place in title III, insert the 
     following:

     SEC. 3___. PERRY CREEK, IOWA.

       (a) In General.--On making a determination described in 
     subsection (b), the Secretary shall increase the Federal 
     contribution for the project for flood control, Perry Creek, 
     Iowa, authorized under section 401(a) of the Water Resources 
     Development Act of 1986 (100 Stat. 4116; 117 Stat. 1844).
       (b) Determination.--A determination referred to in 
     subsection (a) is a determination that a modification to the 
     project described in that subsection is necessary for the 
     Federal Emergency Management Agency to certify that the 
     project provides flood damage reduction benefits to at least 
     a 100-year level.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $4,000,000.
       At the appropriate place in title III, insert the 
     following:

     SEC. 3___. RATHBUN LAKE, IOWA.

       (a) Right of First Refusal.--The Secretary shall provide, 
     in accordance with the recommendations in the Rathbun Lake 
     Reallocation Report approved by the Chief of Engineers on 
     July 22, 1985, the Rathbun Regional Water Association with 
     the right of first refusal to contract for or purchase any 
     increment of the remaining allocation (8,320 acre-feet) of 
     water supply storage in Rathbun Lake, Iowa.
       (b) Payment of Cost.--The Rathbun Regional Water 
     Association shall pay the cost of any water supply storage 
     allocation provided under subsection (a).
       At the appropriate place in title III, insert the 
     following:

     SEC. 3___. JACKSON COUNTY, MISSISSIPPI.

       (a) Modification.--Section 331 of the Water Resources 
     Development Act of 1999 (113 Stat. 305) is amended by 
     striking ``$5,000,000'' and inserting ``$9,000,000''.
       (b) Applicability of Credit.--The credit provided by 
     section 331 of the Water Resources Development Act of 1999 
     (113 Stat. 305) (as modified by subsection (a)) shall apply 
     to costs incurred by the Jackson County Board of Supervisors 
     during the period beginning on February 8, 1994, and ending 
     on the date of enactment of this Act for projects authorized 
     by section 219(c)(5) of the Water Resources Development Act 
     of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 113 
     Stat. 1494; 114 Stat. 2763A-219).
       At the appropriate place in title III, insert the 
     following:

     SEC. 3___. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.

       The project for beach erosion control and hurricane 
     protection, Sandbridge Beach, Virginia Beach, Virginia, 
     authorized by section 101(22) of the Water Resources 
     Development Act of 1992 (106 Stat. 4804; 114 Stat. 2612), is 
     modified to authorize the Secretary to review the project to 
     determine whether any additional Federal interest exists with 
     respect to the project, taking into consideration conditions 
     and development levels relating to the project in existence 
     on the date of enactment of this Act.
       At the appropriate place in title IV, insert the following:

     SEC. 4___. MOHAWK RIVER, ONEIDA COUNTY, NEW YORK.

       (a) In General.--The Secretary shall conduct a watershed 
     study of the Mohawk River watershed, Oneida County, New York, 
     with a particular emphasis on improving water quality and the 
     environment.
       (b) Recommendations.--In conducting the study under 
     subsection (a), the Secretary shall take into consideration 
     impacts on the Sauquoit Creek Watershed and the economy.
       At the appropriate place in title IV, insert the following:

     SEC. 4___. WALLA WALLA RIVER BASIN, OREGON AND WASHINGTON.

       In conducting the study to determine the feasibility of 
     carrying out a project for ecosystem restoration, Walla Walla 
     River Basin, Oregon and Washington, the Secretary shall--
       (1) provide a credit toward the non-Federal share of the 
     cost of the project for the cost of any activity carried out 
     by the non-Federal interest before the date of the 
     partnership agreement for the project, if the Secretary 
     determines that the activity is integral to the project; and
       (2) allow the non-Federal interest to provide the non-
     Federal share of the cost of the study in the form of in-kind 
     services and materials.
       Strike section 4028 (relating to Jasper County port 
     facility study, South Carolina) and insert the following:

     SEC. 4028. PROJECTS FOR IMPROVEMENT, SAVANNAH RIVER, SOUTH 
                   CAROLINA AND GEORGIA.

       (a) In General.--The Secretary shall determine the 
     feasibility of carrying out projects--
       (1) to improve the Savannah River for navigation and 
     related purposes that may be necessary to support the 
     location of container cargo and other port facilities to be 
     located in Jasper County, South Carolina, in the vicinity of 
     Mile 6 of the Savannah Harbor entrance channel; and
       (2) to remove from the proposed Jasper County port site the 
     easements used by the Corps of Engineers for placement of 
     dredged fill materials for the Savannah Harbor Federal 
     navigation project.
       (b) Factors for Consideration.--In making a determination 
     under subsection (a), the Secretary shall take into 
     consideration--
       (1) landside infrastructure;
       (2) the provision of any additional dredged material 
     disposal area as a consequence of removing from the proposed 
     Jasper County port site the easements used by the Corps of

[[Page S6211]]

     Engineers for placement of dredged fill materials for the 
     Savannah Harbor Federal navigation project; and
       (3) the results of the proposed bistate compact between the 
     State of Georgia and the State of South Carolina to own, 
     develop, and operate port facilities at the proposed Jasper 
     County port site, as described in the term sheet executed by 
     the Governor of the State of Georgia and the Governor of the 
     State of South Carolina on March 12, 2007.
       Strike paragraph (1) of section 5010(a) (relating to the 
     Susquehanna, Delaware, and Potomac River Basins, Delaware, 
     Maryland, Pennsylvania, and Virginia) and insert the 
     following:
       (1) shall be--
       (A) the ex officio United States member under the 
     Susquehanna River Basin Compact and the Delaware River Basin 
     Compact; and
       (B) 1 of the 3 members appointed by the President under the 
     Potomac River Basin Compact;
       In paragraph (1) of section 5010(e) (relating to the 
     Susquehanna, Delaware, and Potomac River Basins, Delaware, 
     Maryland, Pennsylvania, and Virginia), strike ``Potomac River 
     Basin Commission'' and insert ``Interstate Commission on the 
     Potomac River Basin''.
       In section 5011(a) (relating to the Anacostia River, 
     District of Columbia and Maryland), strike ``1 year'' and 
     insert ``2 years''.
       At the appropriate place in title V, insert the following:

     SEC. 5___. COST SHARING PROVISIONS FOR THE TERRITORIES.

       Section 1156 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2310) 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) Use of Federal Funds by Non-Federal Interests.--A 
     non-Federal interest may use Federal funds to provide the 
     non-Federal share of the costs of a study or project carried 
     out at a location referred to in subsection (a), if the 
     agency or department that provides the Federal funds 
     determines that the funds are eligible to be used for that 
     purpose.''.
       At the appropriate place in title V, insert the following:

     SEC. 5___. INNER HARBOR NAVIGATION CANAL LOCK PROJECT.

       Not later than July 1, 2008, the Secretary shall--
       (1) issue a final environmental impact statement relating 
     to the Inner Harbor Navigation Canal Lock project; and
       (2) develop and maintain a transportation mitigation 
     program relating to that project in coordination with--
       (A) St. Bernard Parish;
       (B) Orleans Parish;
       (C) the Old Arabi Neighborhood Association; and
       (D) other interested parties.
       At the appropriate place in title V, insert the following:

     SEC. 5___. GREAT LAKES NAVIGATION.

       (a) Definition of Great Lakes and Connecting Channels.--In 
     this section, the term ``Great Lakes and connecting 
     channels'' includes--
       (1) Lakes Superior, Huron, Michigan, Erie, and Ontario;
       (2) any connecting water between or among those lakes that 
     is used for navigation;
       (3) any navigation feature in those lakes or water the 
     operation or maintenance of which is a Federal 
     responsibility; and
       (4) any area of the Saint Lawrence River that is operated 
     or maintained by the Federal Government for navigation.
       (b) Navigation.--Using available funds, the Secretary shall 
     expedite the operation and maintenance, including dredging to 
     authorized project depths, of the navigation features of the 
     Great Lakes and connecting channels for the purpose of 
     supporting navigation.
       At the appropriate place in Title II, insert the following:

     SEC. 2 __. PROJECT DEAUTHORIZATION.

       Section 1001(b)(2) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 597a) is amended as follows:
       (1) In the first sentence by striking ``two years'' and 
     inserting ``year'',
       (2) In the last sentence by striking ``30 months after the 
     date'' and inserting ``the last date of the fiscal year 
     following the fiscal year in which'', and
       (3) In the last sentence by striking ``such 30 month 
     period'' and inserting ``such period''.

       On page 60, between lines 16 and 17, insert the following:
       (u) Emergency Procedures.--
       (1) In general.--If the President determines that a feature 
     recommended in the analysis and design of comprehensive 
     hurricane protection under title I of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2447), could (1) address an imminent threat to life and 
     property; (2) prevent a dangerous storm surge from reaching a 
     populated area; (3) prevent the loss of coastal areas that 
     reduce the impact of storm surge; (4) benefit national energy 
     security; (5) protect emergency hurricane evacuation routes 
     or shelters; or (6) address inconsistencies in hurricane 
     protection standards, the President may submit to the Speaker 
     of the House of Representatives and the President pro tempore 
     of the Senate for authorization a legislative proposal 
     relating to the feature, as the President determines to be 
     appropriate.
       (2) Prioritization.--In submitting legislative proposals 
     under paragraph (1), the President shall give highest 
     priority to any project that, as determined by the President, 
     would--
       (A) to the maximum extent practicable, reduce the risk--
       (i) of loss of human life;
       (ii) to public safety; and
       (iii) of damage to property; and
       (B) minimize costs and environmental impacts.
       (3) Expedited consideration.--
       (A) In general.--Beginning after December 31, 2008, any 
     legislative proposal submitted by the President under 
     paragraph (1) shall be eligible for expedited consideration 
     in accordance with this paragraph.
       (B) Introduction.--As soon as practicable after the date of 
     receipt of a legislative proposal under paragraph (1), the 
     Chairman of the Committee on Environment and Public Works of 
     the Senate and the Chairman of the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives shall introduce the proposal as a bill, by 
     request, in the Senate or the House of Representatives, as 
     applicable.
       (C) Referral.--A bill introduced under subparagraph (B) 
     shall be referred to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives, [as 
     applicable.]
       (D) Committee consideration.--
       (i) In general.--Not later than 45 legislative days after a 
     bill under subparagraph (B) is referred to a Committee in 
     accordance with subparagraph (C), the Committee shall act on 
     the bill.
       (ii) Failure to act.--If a Committee fails to act on a bill 
     by the date specified in clause (i), the bill shall be 
     discharged from the Committee and placed on the calendar of 
     the Senate or the House of Representatives, as applicable.
       (E) Senate floor consideration.--
       (i) In general.--Floor consideration in the Senate 
     regarding a bill introduced under subparagraph (B) shall be 
     limited to 20 hours, to be equally divided between the 
     Majority Leader and the Minority Leader of the Senate (or a 
     designee).
       (ii) Nongermane amendments.--An amendment that is 
     nongermane to a bill introduced under subparagraph (B) shall 
     not be in order.
       (4) Effective date.--This requirements of, and authorities 
     under, this subsection shall expire on December 31, 2010.

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