[Congressional Record Volume 155, Number 115 (Tuesday, July 28, 2009)]
[Senate]
[Pages S8205-S8209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1842. Mr. TESTER submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 33, between lines 13 and 14, insert the following:
       Sec. __.  Section 805(a)(2) of Public Law 106-541 (114 
     Stat. 2704) is amended by striking ``2010'' each place it 
     appears and inserting ``2013''.
                                 ______
                                 
  SA 1843. Mr. VITTER (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 1__.  Section 3 of the Act of August 18, 1941 (55 
     Stat. 642; 121 Stat. 1109) is amended, in the matter under 
     the heading ``lower mississippi river'', in subsection (a), 
     in the second sentence--
       (1) by striking ``the first section'' and inserting 
     ``sections 1 and 6''; and
       (2) by inserting ``and any subsequent Act,'' before ``shall 
     remain as''.
                                 ______
                                 
  SA 1844. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 4, strike the proviso starting on line 7 and 
     continuing through the colon on line 16 and insert the 
     following in lieu thereof:
       Provided further, That the Chief of Engineers is directed 
     to use $1,500,000 of funds available for the Greenbrier 
     Basin, Marlinton, West Virginia, Local Protection Project to 
     continue engineering and design efforts, execute a project 
     partnership agreement, and initiate construction of the 
     project substantially in accordance with Alternative 1 as 
     described in the Corps of Engineers Final Detailed Project 
     Report and Environmental Impact Statement for Marlinton, West 
     Virginia Local Protection Project dated September 2008:
                                 ______
                                 
  SA 1845. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 68, between lines 15 and 16, insert the following:
       Sec. _. Title IV of division A of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5) is amended by 
     adding at the end of the Title, the following new section 
     411:
       ``Section 411.--Up to 0.5 percent of each amount 
     appropriated to the Department of the Army and the Bureau of 
     Reclamation in this title may be used for the expenses of 
     management and oversight of the programs, grants, and 
     activities funded by such appropriation, and may be 
     transferred by the Head of the Federal Agency involved to any 
     other appropriate account within the department for that 
     purpose: Provided, That the Secretary will provide a report 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate 30 days prior to the transfer: 
     Provided further, That funds set aside under this section 
     shall remain available for obligation until September 30, 
     2012.''
                                 ______
                                 
  SA 1846. Mr. REID (for himself and Mr. Ensign) submitted an amendment 
intended to be proposed to amendment SA 1813 submitted by Mr. Dorgan to 
the bill H.R. 3183, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2010, and for other purposes; as follows:

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

[[Page S8206]]

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

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

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

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

       ``(ii) Requirements.--

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

       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``paragraph (1)(A)'' and all that follows through 
     ``beneficial to--'' and inserting ``paragraph (1)(A)(i), the 
     University of Nevada or the National Fish and Wildlife 
     Foundation shall make acquisitions that the University or the 
     Foundation determines to be the most beneficial to--''; and
       (B) in subparagraph (A), by striking ``paragraph (1)(B)'' 
     and inserting ``paragraph (1)(A)(ii)''.
       Sec. 207.  Section 2507(b) of the Farm Security and Rural 
     Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
     171) is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) for efforts consistent with researching, supporting, 
     and conserving fish, wildlife, plant, and habitat resources 
     in the Walker River Basin.''.
       Sec. 208. (a) Of the amounts made available under section 
     2507 of the Farm Security and Rural Investment Act of 2002 
     (43 U.S.C. 2211 note; Public Law 107-171), the Secretary of 
     the Interior, acting through the Commissioner of Reclamation, 
     shall--
       (1) provide, in accordance with section 208(a)(1)(A)(i) of 
     the Energy and Water Development Appropriations Act, 2006 
     (Public Law 109-103; 119 Stat. 2268), and subject to 
     subsection (b), $66,200,000 to establish the Walker Basin 
     Restoration Program for the primary purpose of restoring and 
     maintaining Walker Lake, a natural desert terminal lake in 
     the State of Nevada, consistent with protection of the 
     ecological health of the Walker River and the riparian and 
     watershed resources of the West, East, and Main Walker 
     Rivers; and
       (2) allocate--
       (A) acting through a nonprofit conservation organization 
     that is acting in consultation with the Truckee Meadows Water 
     Authority, $2,000,000, to remain available until expended, 
     for--
       (i) the acquisition of land surrounding Independence Lake; 
     and
       (ii) protection of the native fishery and water quality of 
     Independence Lake, as determined by the nonprofit 
     conservation organization;
       (B) $5,000,000 to provide grants of equal amounts to the 
     State of Nevada, the State of California, the Truckee Meadows 
     Water Authority, the Pyramid Lake Paiute Tribe, and the 
     Federal Watermaster of the Truckee River to implement the 
     Truckee-Carson-Pyramid Lake Water Rights Settlement Act 
     (Public Law 101-618; 104 Stat. 3289);
       (C) $1,500,000, to be divided equally by the city of 
     Fernley, Nevada, and the Pyramid Lake Paiute Tribe, for joint 
     planning and development activities for water, wastewater, 
     and sewer facilities; and
       (D) $1,000,000 to the United States Geological Survey to 
     design and implement, in consultation and cooperation with 
     other Federal departments and agencies, State and tribal 
     governments, and other water management and conservation 
     organizations, a water monitoring program for the Walker 
     River Basin.
       (b)(1) The amount made available under subsection (a)(1) 
     shall be--
       (A) used, consistent with the primary purpose set forth in 
     subsection (a)(1), to support efforts to preserve Walker Lake 
     while protecting agricultural, environmental, and habitat 
     interests in the Walker River Basin; and
       (B) allocated as follows:
       (i) $25,000,000 to the Walker River Irrigation District, 
     acting in accordance with an agreement between that District 
     and the National Fish and Wildlife Foundation--
       (I) to administer and manage a 3-year water leasing 
     demonstration program in the Walker River Basin to increase 
     Walker Lake inflows; and
       (II) for use in obtaining information regarding the 
     establishment, budget, and scope of a longer-term leasing 
     program.
       (ii) $25,000,000 to advance the acquisition of water and 
     related interests from willing sellers authorized by section 
     208(a)(1)(A)(i) of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2268).
       (iii) $1,000,000 for activities relating to the exercise of 
     acquired option agreements and implementation of the water 
     leasing demonstration program, including but not limited to 
     the pursuit of change applications, approvals, and agreements 
     pertaining to the exercise of water rights and leases 
     acquired under the program.
       (iv) $10,000,000 for associated conservation and 
     stewardship activities, including water conservation and 
     management, watershed planning, land stewardship, habitat 
     restoration, and the establishment of a local, nonprofit 
     entity to hold and exercise water rights acquired by, and to 
     achieve the purposes of, the Walker Basin Restoration 
     Program.
       (v) $5,000,000 to the University of Nevada, Reno, and the 
     Desert Research Institute--
       (I) for additional research to supplement the water rights 
     research conducted under section 208(a)(1)(A)(ii) of the 
     Energy and Water Development Appropriations Act, 2006 (Public 
     Law 109-103; 119 Stat. 2268);
       (II) to conduct an annual evaluation of the results of the 
     activities carried out under clauses (i) and (ii); and
       (III) to support and provide information to the programs 
     described in this subparagraph and related acquisition and 
     stewardship initiatives to preserve Walker Lake and protect 
     agricultural, environmental, and habitat interests in the 
     Walker River Basin.
       (vi) $200,000 to support alternative crops and alternative 
     agricultural cooperatives programs in Lyon County, Nevada, 
     that promote water conservation in the Walker River Basin.
       (2)(A) The amount made available under subsection (a)(1) 
     shall be provided to the National Fish and Wildlife 
     Foundation--
       (i) in an advance payment of the entire amount--
       (I) on the date of enactment of this Act; or
       (II) as soon as practicable after that date of enactment; 
     and
       (ii) except as provided in subparagraph (B), subject to the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3701 et seq.), in accordance with section 10(b)(1) of 
     that Act (16 U.S.C. 3709(b)(1)).
       (B) Sections 4(e) and 10(b)(2) of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3703(e), 
     3709(b)(2)), and the provision of subsection (c)(2) of 
     section 4 of that Act (16 U.S.C. 3703) relating to subsection 
     (e) of that section, shall not apply to the amount made 
     available under subsection (a)(1).
                                 ______
                                 
  SA 1847. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 17, between lines 16 and 17, insert the following:

     SEC. 1__. PERMANENT PROTECTION SYSTEM IN NEW ORLEANS, 
                   LOUISIANA.

       (a) Definitions.--In this section:
       (1) Project.--The term ``project'' means the project for 
     permanent pumps and canal modifications that is--
       (A) authorized by the matter under the heading ``General 
     Projects'' in section 204 of the Flood Control Act of 1965 
     (Public Law 89-298; 79 Stat. 1077); and
       (B) modified by--
       (i) the matter under the heading ``flood control and 
     coastal emergencies (including rescission of funds)'' under 
     the heading ``Corps of Engineers--Civil'' under the heading 
     ``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF 
     DEFENSE--CIVIL'' of 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. 454);
       (ii) section 7012(a)(2) of the Water Resources Development 
     Act of 2007 (Public Law 110-114; 121 Stat. 1279); and
       (iii) the matter under the heading ``flood control and 
     coastal emergencies'' under the heading ``Corps of 
     Engineers--Civil'' under the heading ``DEPARTMENT OF THE 
     ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of 
     chapter 3 of title III of the Supplemental Appropriations 
     Act, 2008 (Public Law 110-252; 122 Stat. 2349).
       (2) Report.--The term ``report'' means the report--
       (A) entitled ``Report to Congress for Public Law 110-252, 
     17th Street, Orleans Avenue and London Avenue Canals 
     Permanent Protection System, Hurricane Protection System, New 
     Orleans, Louisiana'';
       (B) prepared by the Secretary;
       (C) dated September 26, 2008; and
       (D) revised in December 2008.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (4) State.--The term ``State'' means the State of 
     Louisiana.
       (b) Project Modification.--The project is further modified 
     to direct the Secretary--

[[Page S8207]]

       (1) to construct a pump station and optimized diversion 
     from the 2,500-acre area known as ``Hoey's Basin'' to the 
     Mississippi River to help reduce storm water flow into the 
     17th Street canal;
       (2) to construct an optimized diversion through the Florida 
     Avenue canal for discharging water into the Inner Harbor 
     Navigation Canal;
       (3) to construct new, permanent pump stations at or near 
     the lakefront on the 17th Street, Orleans Avenue, and London 
     Avenue canals to provide for future flow capacity;
       (4) to deepen, widen within each right-of-way in existence 
     as of the date of enactment of this Act, and line the bottom 
     and side slopes of the 17th Street, Orleans Avenue, and 
     London Avenue canals to allow for a gravity flow of storm 
     water to the pump stations at the lakefront;
       (5) to modify or replace bridges that are located in close 
     proximity or adjacent to the 17th Street, Orleans Avenue, and 
     London Avenue canals;
       (6) to the extent the Secretary determines the action to be 
     consistent with the safe operation of the project, to remove 
     the levees and floodwalls in existence as of the date of 
     enactment of this Act that line each side of the canals 
     described in paragraph (5) down to the surrounding ground 
     grade;
       (7) to decommission or bypass the interior pump stations of 
     the Sewerage and Water Board of New Orleans that are located 
     at each canal described in paragraph (5) to maintain the 
     water surface differential across the existing pumping 
     stations until all systems and features are in place to allow 
     for a fully functional system at a lowered canal water 
     surface elevation; and
       (8) to decommission and remove the interim control 
     structures that are located at each canal described in 
     paragraph (5).
       (c) Implementation Requirements.--
       (1) Duties of secretary.--In carrying out subsection (b), 
     the Secretary shall--
       (A) provide for any investigation, design, and construction 
     sequencing in a manner consistent with the options identified 
     as ``Option 2'' and ``Option 2a'', as described in the 
     report; and
       (B) notwithstanding any other provision of law, use 
     continuing contracts and other agreements to the extent that 
     the contracts or other agreements would enable the Secretary 
     to carry out subsection (b) in a shorter period of time than 
     without the use of the contracts or other agreements.
       (2) Funding.--
       (A) In general.--In carrying out subsection (b), the 
     Secretary shall use amounts made available to modify the 17th 
     Street, Orleans Avenue, and London Avenue drainage canals and 
     install pumps and closure structures at or near the lakefront 
     in the first proviso in--
       (i) the matter under the heading ``flood control and 
     coastal emergencies (including rescission of funds)'' under 
     the heading ``Corps of Engineers--Civil'' under the heading 
     ``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF 
     DEFENSE--CIVIL'' of 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. 454); and
       (ii) the second undesignated paragraph under the heading 
     ``flood control and coastal emergencies'' under the heading 
     ``Corps of Engineers--Civil'' under the heading ``DEPARTMENT 
     OF THE ARMY'' under the heading ``DEPARTMENT OF DEFENSE--
     CIVIL'' of chapter 3 of title III of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 
     2349).
       (B) Emergency designations.--Each amount referred to in 
     subparagraph (A) is designated as an emergency requirement 
     and necessary to meet emergency needs pursuant to section 403 
     of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.
       (3) Non-federal share; liability of state.--As a condition 
     for the Secretary to initiate the conduct of the project, the 
     State shall enter into an agreement with the Secretary under 
     which the State shall agree--
       (A) to pay 100 percent of the costs arising from the 
     operation, maintenance, repair, replacement, and 
     rehabilitation of each completed component of the project; 
     and
       (B) to hold the United States harmless from any claim or 
     damage that may arise from carrying out the project except 
     any claim or damage that may arise from the negligence of the 
     Federal Government or a contractor of the Federal Government.
                                 ______
                                 
  SA 1848. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 34, line 7, before the period, insert the 
     following: ``: Provided further, That an additional 
     $100,000,000 shall be used to make grants for energy 
     efficiency improvement and energy sustainability under 
     subsections (c) and (d) of section 399A of the Energy Policy 
     and Conservation Act (42 U.S.C. 6371h-1): Provided further, 
     That the amount made available for the Nuclear Power 2010 
     initiative in the matter under the heading `Nuclear Energy' 
     shall be reduced by $100,000,000''.
                                 ______
                                 
  SA 1849. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 34, line 7, before the period, insert the 
     following: ``: Provided further, That an additional 
     $15,000,000 shall be used to make technical assistance grants 
     under section 399A(b) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6371h-1(b)): Provided further, That the amount 
     made available for the Strategic Petroleum Reserve in the 
     matter under the heading `Strategic Petroluem Reserve' shall 
     be reduced by $15,000,000''.
                                 ______
                                 
  SA 1850. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 
3183, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2010, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 2, lines 24 and 25, strike ``$170,000,000, to 
     remain available until expended'' and insert ``$164,500,000, 
     to remain available until expended, of which no funds shall 
     be used for the feasibility study for the Missouri River in 
     the States of North Dakota, Montana, South Dakota, Nebraska, 
     Iowa, Kansas, and Missouri, as identified in the committee 
     report accompanying this Act''.
                                 ______
                                 
  SA 1851. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 1__. (a) The Federal share of the cost of the project 
     for navigation, Rhodes Point, Smith Island, Maryland, carried 
     out in accordance with section 107 of the River and Harbor 
     Act of 1960 (33 U.S.C. 577), shall be $7,000,000.
       (b) The non-Federal interest for the project described in 
     subsection (a) may provide the remaining share of the total 
     cost of the project through work-in-kind, for which the non-
     Federal interest shall receive credit towards the share of 
     the project costs of the non-Federal interest, except that 
     the credit may not exceed the actual and reasonable costs of 
     the materials or services provided by the non-Federal 
     interest, as determined by the Secretary of the Army.
                                 ______
                                 
  SA 1852. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 
3183, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2010, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 17, between lines 16 and 17, insert the following:

     SEC. 1__. TEN MILE CREEK WATER PRESERVE AREA.

       Section 528(b)(3)(C)(ii) of the Water Resources Development 
     Act of 1996 (110 Stat. 3769; 121 Stat. 1270) is amended--
       (1) in subclause (I), by striking ``subclause (II)'' and 
     inserting ``subclauses (II) and (III)''; and
       (2) by adding at the end the following:

       ``(III) Ten mile creek water preserve area.--The Federal 
     share of the cost of the Ten Mile Creek Water Preserve Area 
     may exceed $25,000,000 by an amount equal to not more than 
     $3,500,000, which shall be used to pay the Federal share of 
     the cost of--

       ``(aa) the completion of a post authorization change 
     report; and
       ``(bb) the maintenance of the Ten Mile Creek Water Preserve 
     Area in caretaker status through fiscal year 2013.''.
                                 ______
                                 
  SA 1853. Mr. BAUCUS (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 19, line 20, strike ``basis.'' and insert ``basis: 
     Provided further, That funds made available for the Milk 
     River/St. Mary Diversion Rehabilitation Project in the State 
     of Montana shall be expended by the Commissioner of 
     Reclamation on a nonreimbursable basis.''
                                 ______
                                 
  SA 1854. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr.

[[Page S8208]]

Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 48, lines 23 and 24, strike ``until expended'' and 
     insert the following:
     until expended: Provided, That, not later than 30 days after 
     the date of enactment of this Act, the President shall 
     certify that the Yucca Mountain site has been selected as, 
     and remains, the site for the development of a repository for 
     the disposal of high-level radioactive waste and spent 
     nuclear fuel in accordance with section 160 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10172): Provided further, 
     That if the President fails to make the certification, 
     $98,400,000 shall be made available to the States that store 
     defense-related nuclear waste (which is to be transferred to 
     the Yucca Mountain site), to be used by each State to help 
     offset the loss in community investments that results from 
     the continued storage of defense-related nuclear waste in the 
     State and to help mitigate the public health risks that 
     result from the continued storage of the defense-related 
     nuclear waste in the State
                                 ______
                                 
  SA 1855. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AGENCY ADMINISTRATIVE EXPENSES.

       (a) Definitions.--In this section:
       (1) Administrative expenses.--The term ``administrative 
     expenses'' has the meaning as determined by the Director 
     under subsection (b)(2).
       (2) Agency.--The term ``agency''--
       (A) means an agency as defined under section 1101 of title 
     31, United States Code, that is established in the executive 
     branch; and
       (B) shall not include the District of Columbia government.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (b) Administrative Expenses.--
       (1) In general.--All agencies shall include a separate 
     category for administrative expenses when submitting their 
     appropriation requests to the Office of Management and Budget 
     for fiscal year 2011 and each fiscal year thereafter.
       (2) Administrative expenses determined.--In consultation 
     with the agencies, the Director shall establish and revise as 
     necessary a definition of administration expenses for the 
     purposes of this section. All questions regarding the 
     definition of administrative expenses shall be resolved by 
     the Director.
       (c) Budget Submission.--Each budget of the United States 
     Government submitted under section 1105 of title 31, United 
     States Code, for fiscal year 2011 and each fiscal year 
     thereafter shall include the amount requested for each agency 
     for administrative expenses.
                                 ______
                                 
  SA 1856. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 1__.  With respect to the project for ecosystem 
     restoration at Liberty State Park, New Jersey, authorized for 
     construction by section 1001(31) of the Water Resources 
     Development Act of 2007 (121 Stat. 1054), the value of any 
     work performed in furtherance of the recommended plan by the 
     non-Federal sponsor in advance of the execution of a project 
     partnership agreement shall, if the project partnership 
     agreement is executed, be credited against the cash 
     contribution required by the non-Federal sponsor.
                                 ______
                                 
  SA 1857. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:
       On page 63, after line 23, insert the following:
       Sec. __.  It is the sense of the Senate that the Senate 
     intends to fund the Energy Efficiency and Conservation Block 
     Grant Program established under subtitle E of title V of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 17151 
     et seq.) through the regular appropriations process after the 
     majority of funds allocated to the Program under the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5) have 
     been expended.
                                 ______
                                 
  SA 1858. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 1__. (a) In carrying out the construction of the 
     project for hurricane and storm damage reduction, Morganza to 
     the Gulf of Mexico, Louisiana, authorized by section 1001(24) 
     of the Water Resources Development Act of 2007 (121 Stat. 
     1053), the Secretary of the Army (referred to in this section 
     as the ``Secretary'') shall--
       (1) give priority to each element of the project that 
     provides hurricane and storm damage reduction benefits to the 
     most populated areas;
       (2) consider, and if appropriate design, build, and use, 
     adaptive management techniques and other execution techniques 
     to expedite the completion of the works;
       (3) to the maximum extent practicable, implement the 
     project in a manner compatible with the long-term restoration 
     of coastal wetlands, including the beneficial capture and 
     reuse of precipitation runoff as a part of the restoration;
       (4) after the completion of any portion of the project, 
     determine and make publicly available a calculation of the 
     residual risk of--
       (A) hurricane and storm damage; and
       (B) the loss of human life and human safety; and
       (5) immediately initiate the design of the Houma Navigation 
     Canal Lock.
       (b) The non-Federal interest for the project described in 
     subsection (a) may initiate--
       (1) the construction of any authorized portion of the 
     project; and
       (2) efforts to provide interim protection for any portion 
     of the project area.
       (c) In accordance with section 221 of the Flood Control Act 
     of 1970 (42 U.S.C. 1962d-5b), the Secretary shall credit 
     towards the non-Federal share of the cost of the project, or 
     provide reimbursement for the cost of design and 
     construction, work carried out by the non-Federal interest if 
     the Secretary determines that the work--
       (1) is integral to the project; or
       (2) would provide interim protection for the project area.
       (d) The Secretary shall allocate the amount to be credited 
     under subsection (c) towards the non-Federal share of the 
     cost of the project, or each element of the project, as 
     requested by the non-Federal interest.
                                 ______
                                 
  SA 1859. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 1813 submitted by Mr. 
Dorgan to the bill H.R. 3183, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 33, between lines 13 and 14, insert the following:
       Sec. __. (a) Section 3405(a)(1)(M) of Public Law 102-575 
     (106 Stat. 4711) is amended by striking ``countries'' and 
     inserting ``counties''.
       ``(b) During a two-year period beginning on date of 
     enactment of this Act, any approval of a transfer between a 
     Friant Division contractor and a south-of-Delta CVP 
     agricultural water service contractor shall be deemed to meet 
     the conditions set forth in subparagraphs (A) and (I) of 
     section 3405(a)(1) of Public Law 102-575 (106 Stat. 4709), if 
     the transfer under this clause (1) does not interfere with 
     the San Joaquin River Restoration Settlement Act (part I of 
     subtitle A of title X of Public Law 111-11; 123 Stat. 1349) 
     (including the priorities described in section 10004(a)(4)(B) 
     of that Act relating to implementation of paragraph 16 of the 
     Settlement), and the Settlement (as defined in section 10003 
     of that Act); and (2) is completed by September 2012.
       (c) As soon as practicable after the date of enactment of 
     this Act, the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service, 
     shall revise, finalize, and implement the applicable draft 
     recovery plan for the Giant Garter Snake (Thamnophis gigas).
                                 ______
                                 
  SA 1860. Mr. COCHRAN submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2, line 25, strike ``expended.'' and insert the 
     following:
     expended, of which $600,000 shall be made available to the 
     Secretary of the Army, acting through the Chief of Engineers, 
     to initiate a study for the deepening and widening of the 
     Port of Gulfport.
                                 ______
                                 
  SA 1861. Mr. REED (for himself and Ms. Snowe) submitted an amendment

[[Page S8209]]

intended to be proposed to amendment SA 1813 submitted by Mr. Dorgan to 
the bill H.R. 3183, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2010, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 34, line 7, before the period, insert the 
     following: ``: Provided further, That none of the funds made 
     available under this Act may be used to carry out a pilot 
     project to demonstrate energy savings through the use of 
     improved insulating and sealing in homes built prior to 1980: 
     Provided further, That, not later than 120 days after the 
     date of enactment of this Act, the Secretary of Energy shall 
     submit to Congress a report describing the plan of the 
     Department of Energy for carrying out the Weatherization 
     Assistance Program, including strategies to sustain the 
     number of low-income units weatherized at levels comparable 
     to the number of units weatherized under the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5)''.
                                 ______
                                 
  SA 1862. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 68, between lines 15 and 16, insert the following:

     SEC. ___. RESTRICTIONS ON TARP EXPENDITURES FOR AUTOMOBILE 
                   MANUFACTURERS; FIDUCIARY DUTY TO TAXPAYERS; 
                   REQUIRED ISSUANCE OF COMMON STOCK TO TAXPAYERS.

       (a) Short Title.--This section may be cited as the ``Auto 
     Stock for Every Taxpayer Act''.
       (b) Prohibition on Further TARP Funds.--Notwithstanding any 
     provision of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5201 et seq.) or any other provision of law, the 
     Secretary may not expend or obligate any funds made available 
     under that Act on or after the date of enactment of this Act 
     with respect to any designated automobile manufacturer.
       (c) Fiduciary Duty to Shareholders.--With respect to any 
     designated automobile manufacturer, the Secretary, and the 
     designee of the Secretary who is responsible for the exercise 
     of shareholder voting rights with respect to a designated 
     automobile manufacturer pursuant to assistance provided under 
     title I of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5201 et seq.), shall have a fiduciary duty to each 
     eligible taxpayer for the maximization of the return on the 
     investment of the taxpayer under that Act, in the same 
     manner, and to the same extent that any director of an issuer 
     of securities has with respect to its shareholders under the 
     securities laws and all applicable provisions of State law.
       (d) Required Issuance of Common Stock to Eligible 
     Taxpayers.--Not later than 1 year after the emergence of any 
     designated automobile manufacturer from bankruptcy protection 
     described in subsection (f)(1)(B), the Secretary shall direct 
     the designated automobile manufacturer to issue through the 
     Secretary a certificate of common stock to each eligible 
     taxpayer, which shall represent such taxpayer's per capita 
     share of the aggregate common stock holdings of the United 
     States Government in the designated automobile manufacturer 
     on such date.
       (e) Civil Actions Authorized.--A person who is aggrieved of 
     a violation of the fiduciary duty established under 
     subsection (c) may bring a civil action in an appropriate 
     United States district court to obtain injunctive or other 
     equitable relief relating to the violation.
       (f) Definitions.--As used in this section--
       (1) the term ``designated automobile manufacturer'' means 
     an entity organized under the laws of a State, the primary 
     business of which is the manufacture of automobiles, and any 
     affiliate thereof, if such automobile manufacturer--
       (A) has received funds under the Emergency Economic 
     Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), or funds 
     were obligated under that Act, before the date of enactment 
     of this Act; and
       (B) has filed for bankruptcy protection under chapter 11 of 
     title 11, United States Code, during the 90-day period 
     preceding the date of enactment of this Act;
       (2) the term ``eligible taxpayer'' means any individual 
     taxpayer who filed a Federal taxable return for taxable year 
     2008 (including any joint return) not later than the due date 
     for such return (including any extension);
       (3) the term ``Secretary'' means the Secretary of the 
     Treasury or the designee of the Secretary; and
       (4) the terms ``director'', ``issuer'', ``securities'', and 
     ``securities laws'' have the same meanings as in section 3 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c).
                                 ______
                                 
  SA 1863. Mr. ALEXANDER submitted an amendment intended to be proposed 
to amendment SA 1813 submitted by Mr. Dorgan to the bill H.R. 3183, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 17, between lines 16 and 17, insert the following:
       Sec. 1 __. Funding for the construction of the Chickamauga 
     Lock and Dam shall be exempt from any requirement that limits 
     the source of the funds made available for the construction 
     of the Chickamauga Lock and Dam to funds made available out 
     of the Inland Waterways Trust Fund.
                                 ______
                                 
  SA 1864. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 3183, making appropriations for energy 
and water development and related agencies for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       The National Renewable Energy Laboratory has determined the 
     need to evolve a more comprehensive physical understanding of 
     the casual relationships between atmospheric inflow phenomena 
     and wind farm interaction and has identified the need to 
     better understand the relationship as the key remaining 
     science issue before new technology and microclimatology 
     could be addressed.
       Of the $85,000,000 provided for wind energy under Energy 
     Efficiency and Renewable Energy account, $8 million shall be 
     directed to the National Wind Resource Center for turbine and 
     equipment purchase specifically for the purpose of operations 
     research, turbine to turbine wake interaction, and the need 
     to provide a demonstration platform for new turbine 
     technology accelerating acceptance and adoption by the 
     commercial industry.

                          ____________________