[Congressional Record Volume 159, Number 64 (Wednesday, May 8, 2013)]
[Senate]
[Pages S3264-S3274]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 814. Mr. COBURN (for himself, Mr. Flake, and Mr. McCain) submitted 
an amendment intended to be proposed by him to the bill S. 601, 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 end of title II, add the following:

     SEC. 2____. PERIODIC BEACH RENOURISHMENT.

       Section 103(d)(2) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(d)(2)) is amended by striking 
     subparagraph (A) and inserting the following:
       ``(A) In general.--Notwithstanding subsection (e)(1), the 
     non-Federal cost of the periodic nourishment of the project, 
     or any measure for shore protection or beach erosion control 
     for the project, that is authorized for construction before, 
     on, or after the date of enactment of the Water Resources 
     Development Act of 2013 shall be 65 percent.''.
                                 ______
                                 
  SA 815. Mr. COBURN (for himself, Mr. McCain, and Mr. Flake) submitted 
an amendment intended to be proposed by him to the bill S. 601, 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:

       Strike section 2030.
                                 ______
                                 
  SA 816. Mr. COBURN (for himself, Mrs. McCaskill, and Mr. McCain) 
submitted an amendment intended to be proposed by him to the bill S. 
601, 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:

       In section 2049(b)(5), strike subparagraph (C).
                                 ______
                                 
  SA 817. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 601, 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:

       Strike title I.
                                 ______
                                 
  SA 818. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 601, 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:

       Strike section 1001 and insert the following:

     SEC. 1001. PURPOSES; SENSE OF CONGRESS.

       (a) Purposes.--The purposes of this title are--
       (1) to authorize projects that--
       (A) are the subject of a completed report of the Chief of 
     Engineers containing a determination that the relevant 
     project--

[[Page S3265]]

       (i) is in the Federal interest;
       (ii) results in benefits that exceed the costs of the 
     project;
       (iii) is environmentally acceptable; and
       (iv) is technically feasible; and
       (B) have been recommended to Congress for authorization by 
     the Assistant Secretary of the Army for Civil Works;
       (2) to authorize the Secretary--
       (A) to review projects that require increased 
     authorization; and
       (B) to request an increase of those authorizations after--
       (i) certifying that the increases are necessary; and
       (ii) submitting to Congress reports on the proposed 
     increases; and
       (3) not to establish new precedent or congressional 
     practices concerning the delegation of authority from 
     Congress to the Executive Branch with respect to the 
     authorization of water resources projects or funding amounts 
     for projects.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Congress should enact legislation to reduce wasteful 
     spending, reform the earmark and project authorization 
     processes under law, and address the long-term fiscal 
     challenges in the United States; and
       (2) on enactment of the legislation described in paragraph 
     (1), Congress should resume the prudent authorization of 
     projects consistent with law.
                                 ______
                                 
  SA 819. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 601, 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:

       Strike section 2049 and insert the following:

     SEC. 2049. PROJECT DEAUTHORIZATIONS.

       (a) In General.--Section 1001(b) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 579a(b)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) List of projects.--
       ``(A) In general.--Notwithstanding section 3003 of Public 
     Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734), each year, 
     after the submission of the list under paragraph (1), the 
     Secretary shall submit to Congress a list of projects or 
     separable elements of projects that have been authorized but 
     that have received no obligations during the 5 full fiscal 
     years preceding the submission of that list.
       ``(B) Additional notification.--On submission of the list 
     under subparagraph (A) to Congress, the Secretary shall 
     notify--
       ``(i) each Senator in whose State and each Member of the 
     House of Representatives in whose district a project 
     (including any part of a project) on that list would be 
     located; and
       ``(ii) each applicable non-Federal interest associated with 
     a project (including any part of a project) on that list.''; 
     and
       (2) by adding at the end the following:
       ``(3) Minimum funding list.--At the end of each fiscal 
     year, the Secretary shall submit to Congress a list of--
       ``(A) projects or separable elements of projects authorized 
     for construction for which funding has been obligated in the 
     5 previous fiscal years;
       ``(B) the amount of funding obligated per fiscal year;
       ``(C) the current phase of each project or separable 
     element of a project; and
       ``(D) the amount required to complete those phases.
       ``(4) Report.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Water Resources Development Act of 2013, 
     the Secretary shall compile and publish a complete list of 
     all uncompleted, authorized projects of the Corps of 
     Engineers, including for each project on that list--
       ``(i) the original budget authority for the project;
       ``(ii) the status of the project;
       ``(iii) the estimated date of completion of the project;
       ``(iv) the estimated cost of completion of the project; and
       ``(v) any amounts for the project that remain unobligated.
       ``(B) Publication.--
       ``(i) In general.--The Secretary shall submit a copy of the 
     list under subparagraph (A) to--

       ``(I) the appropriate committees of Congress; and
       ``(II) the Director of the Office of Management and Budget.

       ``(ii) Public availability.--Not later than 30 days after 
     providing the report to Congress under clause (i), the 
     Secretary shall make a copy of the list available on a 
     publicly accessible Internet site, in a manner that is 
     downloadable, searchable, and sortable.''.
       (b) Infrastructure Deauthorization Study.--Not later than 2 
     years after the date of enactment of this Act, the 
     Comptroller General of the United States shall, in 
     consultation with the States, Chief of Engineers, water 
     resources associations, and other stakeholders, submit a 
     report to Congress on options for establishing an appropriate 
     and cost effective process for identifying authorized Corps 
     of Engineers water resources projects, including those listed 
     in the report described in section 1001(b)(4) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 579a(b)(4)), 
     that are no longer in the Federal interest and should be 
     deauthorized.
                                 ______
                                 
  SA 820. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 601, 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:

       Strike title X and insert the following:

       TITLE X--SENSE OF CONGRESS REGARDING WATER AND WASTEWATER 
                   INFRASTRUCTURE FINANCING PROGRAMS

     SEC. 10001. SENSE OF CONGRESS REGARDING WATER AND WASTEWATER 
                   INFRASTRUCTURE FINANCING PROGRAMS.

       It is the sense of Congress that, instead of establishing a 
     new, unfunded water infrastructure financing program during 
     the period of significant Federal deficits in effect on the 
     date of enactment of this Act, Congress should, to the extent 
     fiscally prudent--
       (1) maximize funding for existing water and wastewater 
     infrastructure financing programs, including--
       (A) the State water pollution control revolving funds 
     established under title VI of the Federal Water Pollution 
     Control Act (33 U.S.C. 1381 et seq.); and
       (B) the State drinking water treatment revolving loan funds 
     established under section 1452 of the Safe Drinking Water Act 
     (42 U.S.C. 300j-12);
       (2) abate restrictions on the use of private activity bonds 
     on water and wastewater infrastructure projects; and
       (3) take other fiscally appropriate actions to improve 
     water and wastewater infrastructure in the United States.
                                 ______
                                 
  SA 821. Mr. BOOZMAN submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 end of title II, add the following:

     SEC. 2____. IMPROVING PLANNING AND ADMINISTRATION OF WATER 
                   SUPPLY STORAGE.

       (a) In General.--The Secretary shall carry out activities--
       (1) to ensure increased uniformity and flexibility in the 
     development and administration of storage agreements with 
     non-Federal interests for municipal or industrial water 
     supply at Corps of Engineers projects pursuant to section 301 
     of the Water Supply Act of 1958 (43 U.S.C. 390b); and
       (2) to enable non-Federal interests to anticipate and 
     accurately budget for annual operations and maintenance costs 
     and, as applicable, repair, rehabilitation, and replacements 
     costs, including through--
       (A) the formulation by the Secretary of a uniform billing 
     statement format for those storage agreements relating to 
     operations and maintenance costs, and as applicable, repair, 
     rehabilitation, and replacement costs, incurred by the 
     Secretary, which, at a minimum, shall include--
       (i) a detailed description of the activities carried out 
     relating to the water supply aspects of the project;
       (ii) a clear explanation of why and how those activities 
     relate to the water supply aspects of the project; and
       (iii) a detailed accounting of the cost of carrying out 
     those activities;
       (B) a review by the Secretary of the regulations and 
     guidance of the Corps of Engineers relating to criteria and 
     methods for the equitable distribution of joint project costs 
     across project purposes in order to ensure nationwide 
     consistency in the calculation of the appropriate share of 
     joint project costs allocable to the water supply purpose; 
     and
       (C) a review by the Secretary of the procedures and 
     processes of the Corps of Engineers for evaluating new 
     requests for water supply storage reallocation and for 
     developing water supply storage plans to accommodate the 
     needs of non-Federal interests in order to increase the 
     flexibility of those procedures and processes and enhance the 
     coordination within the Corps of Engineers in communicating 
     timely and unified responses to the requests of non-Federal 
     interests.
       (b) Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the findings of the reviews carried out under 
     subparagraphs (B) and (C) of subsection (a)(1) and any 
     subsequent actions taken by the Secretary relating to those 
     reviews.
       (2) Inclusions.--The report under paragraph (1) shall 
     include an analysis of the feasibility and costs associated 
     with the provision by the Secretary to each non-Federal 
     interest of not less than 1 statement each year that details 
     for each water storage agreement described in subsection 
     (a)(1) the estimated amount of the operations and

[[Page S3266]]

     maintenance costs and, as applicable, the estimated amount of 
     the repair, rehabilitation, and replacement costs, for which 
     the non-Federal interest will be responsible in that fiscal 
     year.
       (3) Extension.--The Secretary may delay the submission of 
     the report under paragraph (1) for a period not to exceed 180 
     days after the deadline described in paragraph (1), subject 
     to the condition that the Secretary submits a preliminary 
     progress report to Congress not later than 1 year after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 822. Mr. BOOZMAN submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 end of the bill, add the following:

                        TITLE XII--MISCELLANEOUS

     SEC. 12001. AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL 
                   RECREATIONAL LANDS PASS PROGRAM.

       The Secretary may participate in the America the Beautiful 
     National Parks and Federal Recreational Lands Pass program in 
     the same manner as the National Park Service, the Bureau of 
     Land Management, the United States Fish and Wildlife Service, 
     the Forest Service, and the Bureau of Reclamation, including 
     the provision of free annual passes to active duty military 
     personnel and dependents.
                                 ______
                                 
  SA 823. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 601, 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:

       Section 2049(b) is amended by adding at the end the 
     following:
       (6) Application.--For purposes of this subsection, water 
     resources projects shall include environmental infrastructure 
     assistance projects and programs of the Corps of Engineers.
                                 ______
                                 
  SA 824. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 end of title III, add the following:

     SEC. 30__. BIG SUNFLOWER RIVER.

       (a) In General.--With respect to the project for flood 
     control on the Big Sunflower River, authorized by section 10 
     of the Act of December 22, 1944 (commonly known as the 
     ``Flood Control Act of 1944'') (58 Stat. 895, chapter 665), 
     the Secretary may install sediment structures throughout the 
     watershed for water quality and aquatic restoration purposes.
       (b) Structural Practices.--In carrying out the activities 
     authorized under subsection (a), the Secretary shall use 
     structural practices modeled on the structural practices 
     provided by the Natural Resources Conservation Service 
     Environmental Quality Incentives Program of the Department of 
     Agriculture.
                                 ______
                                 
  SA 825. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 end of section 3018, add the following:
       (c) Effective Date.--This section and the amendments made 
     by this section shall not take effect until the date on which 
     the Secretary certifies in writing to the Committees on 
     Appropriations and Environment and Public Works of the Senate 
     and the Committees on Appropriations and Transportation and 
     Infrastructure of the House of Representatives that the 
     Governors of the States of Louisiana and Mississippi have 
     submitted to the Secretary a written certification that the 
     Governors have no objections to the adoption by the Secretary 
     of the plan described in subsection (d) of section 7002 of 
     the Water Resources Development Act of 2007 (121 Stat. 1270) 
     (as amended by subsection (a)).
                                 ______
                                 
  SA 826. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 end of section 3018, add the following:
       (c) Effect of Section.--Nothing in this section or an 
     amendment made by this section constitutes an authorization 
     for the design or construction of the East Land Bridge Levee, 
     New Orleans.
                                 ______
                                 
  SA 827. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 end of section 3018, add the following:
       (c) Effective Date.--This section and the amendments made 
     by this section shall not take effect until the date on which 
     the Secretary certifies in writing to the Committees on 
     Appropriations and Environment and Public Works of the Senate 
     and the Committees on Appropriations and Transportation and 
     Infrastructure of the House of Representatives that the 
     implementation of this section and the amendments made by 
     this section will not increase, directly or indirectly, the 
     flood risk of any property in a State other than the State of 
     Louisiana.
                                 ______
                                 
  SA 828. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 end of title V, add the following:

     SEC. 50___. RIGHTS AND RESPONSIBILITIES OF CHEROKEE NATION OF 
                   OKLAHOMA REGARDING W.D. MAYO LOCK AND DAM, 
                   OKLAHOMA.

       Section 1117 of the Water Resources Development Act of 1986 
     (Public Law 99-662; 100 Stat. 4236) is amended to read as 
     follows:

     ``SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA.

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Cherokee Nation of Oklahoma has exclusive 
     authorization--
       ``(1) to design and construct 1 or more hydroelectric 
     generating facilities at the W.D. Mayo Lock and Dam on the 
     Arkansas River in the State of Oklahoma, subject to the 
     requirements of subsection (b) and in accordance with the 
     conditions specified in this section; and
       ``(2) to market the electricity generated from any such 
     hydroelectric generating facility.
       ``(b) Preconstruction Requirements.--
       ``(1) In general.--The Cherokee Nation shall obtain any 
     permit required by Federal or State law before the date on 
     which construction begins on any hydroelectric generating 
     facility under subsection (a).
       ``(2) Review by secretary.--The Cherokee Nation may 
     initiate the design or construction of a hydroelectric 
     generating facility under subsection (a) only after the 
     Secretary reviews and approves the plans and specifications 
     for the design and construction.
       ``(c) Payment of Design and Construction Costs.--
       ``(1) In general.--The Cherokee Nation shall--
       ``(A) bear all costs associated with the design and 
     construction of any hydroelectric generating facility under 
     subsection (a); and
       ``(B) provide any funds necessary for the design and 
     construction to the Secretary prior to the Secretary 
     initiating any activities relating to the design and 
     construction of the hydroelectric generating facility.
       ``(2) Use by secretary.--The Secretary may--
       ``(A) accept funds offered by the Cherokee Nation under 
     paragraph (1); and
       ``(B) use the funds to carry out the design and 
     construction of any hydroelectric generating facility under 
     subsection (a).
       ``(d) Assumption of Liability.--The Cherokee Nation--
       ``(1) shall hold all title to any hydroelectric generating 
     facility constructed under this section;
       ``(2) may, subject to the approval of the Secretary, assign 
     that title to a third party;
       ``(3) shall be solely responsible for--
       ``(A) the operation, maintenance, repair, replacement, and 
     rehabilitation of any such facility; and
       ``(B) the marketing of the electricity generated by any 
     such facility; and
       ``(4) shall release and indemnify the United States from 
     any claims, causes of action, or liabilities that may arise 
     out of any activity undertaken to carry out this section.

[[Page S3267]]

       ``(e) Assistance Available.--Notwithstanding any other 
     provision of law, the Secretary may provide any technical and 
     construction management assistance requested by the Cherokee 
     Nation relating to the design and construction of any 
     hydroelectric generating facility under subsection (a).
       ``(f) Third Party Agreements.--The Cherokee Nation may 
     enter into agreements with the Secretary or a third party 
     that the Cherokee Nation or the Secretary determines to be 
     necessary to carry out this section.''.
                                 ______
                                 
  SA 829. Mr. WICKER (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed by him to the bill S. 601, 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 end, add the following:

                        TITLE XII--MISCELLANEOUS

     SEC. 12001. DONALD G. WALDON LOCK AND DAM.

       (a) Findings.--Congress finds that--
       (1) the Tennessee-Tombigbee Waterway Development Authority 
     is a 4-State compact comprised of the States of Alabama, 
     Kentucky, Mississippi, and Tennessee;
       (2) the Tennessee-Tombigbee Authority is the regional non-
     Federal sponsor of the Tennessee-Tombigbee Waterway;
       (3) the Tennessee-Tombigbee Waterway, completed in 1984, 
     has fueled growth in the United States economy by reducing 
     transportation costs and encouraging economic development; 
     and
       (4) the selfless determination and tireless work of Donald 
     G. Waldon, while serving as administrator of the waterway 
     compact for 21 years, contributed greatly to the realization 
     and success of the Tennessee-Tombigbee Waterway.
       (b) Sense of Congress.--It is the sense of Congress that, 
     at an appropriate time and in accordance with the rules of 
     the House of Representatives and the Senate, the lock and dam 
     located at mile 357.5 on the Tennessee-Tombigbee Waterway 
     should be known and designated as the ``Donald G. Waldon Lock 
     and Dam''.
                                 ______
                                 
  SA 830. Mr. WICKER (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill S. 601, 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 end of title III, add the following:

     SEC. 30__. PEARL RIVER BASIN, MISSISSIPPI.

       Section 3104 of the Water Resources Development Act of 2007 
     (Public Law 110-114; 121 Stat. 1134) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The project for flood damage reduction, 
     Pearl River Basin, including Shoccoe, Mississippi, authorized 
     by section 401(e)(3) of the Water Resources Development Act 
     of 1986 (Public Law 99-662; 100 Stat. 4132), is modified to 
     authorize the Secretary, subject to subsection (c), to 
     construct the project generally in accordance with the plan 
     described in the `Pearl River Watershed, Mississippi, 
     Feasibility Study and Environmental Impact Statement Main 
     Report', with an estimated Federal share of $133,770,000 and 
     an estimated non-Federal cost of $72,030,000.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Comparison of Alternatives.--Before initiating 
     construction of the project, the Secretary shall compare the 
     level of flood damage reduction provided by the plan that 
     maximizes national economic development benefits of the 
     project and the locally preferred plan, to that portion of 
     Jackson, Mississippi and vicinity, located below the Ross 
     Barnett Reservoir Dam.''.
                                 ______
                                 
  SA 831. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 end, add the following:

                        TITLE XII--MISCELLANEOUS

     SEC. 12001. FOREST HIGHWAY PROGRAM UNOBLIGATED BALANCES.

       Section 204 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(d) Forest Highway Program Unobligated Balances.--Until 
     September 30, 2014, on request by a State, the Secretary or 
     Secretary of the appropriate land management agency shall 
     apply available and unobligated balances of funds allocated 
     under the Forest Highway Program under subsection (b)(2), as 
     in effect on July 6, 2012, to the non-Federal share of the 
     cost of 1 or more projects selected under this section by the 
     programming decisions committee of the State.''.
                                 ______
                                 
  SA 832. Mrs. MURRAY submitted an amendment intended to be proposed by 
her to the bill S. 601, 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 305, strike lines 11 through 14 and insert the 
     following:
       ``(i) Cargo container.--The term `cargo container' means a 
     cargo container that is 1 Twenty-foot Equivalent Unit.
                                 ______
                                 
  SA 833. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 601, 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:

       In section 6004(i)(2), add at the end the following:
       (C) Measures to assess effectiveness.--Not later than 1 
     year after the enactment of this Act, the Secretary shall 
     implement quantifiable performance measures and metrics to 
     assess the effectiveness of the grant program established in 
     accordance with subparagraph (A).
                                 ______
                                 
  SA 834. Mr. BARRASSO (for himself, Mr. Isakson, and Mr. Chambliss) 
submitted an amendment intended to be proposed by him to the bill S. 
601, 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:

       In section 2043, add at the end the following:
       (f) Utilization of Erosion Control Materials.--The 
     Secretary shall encourage the utilization of materials and 
     practices that are demonstrated to produce cost savings and 
     project acceleration, including gabions, geosynthetics, and 
     other erosion control materials, in applications, including--
       (1) shoreline protection; and
       (2) the storage and transportation of canal water as 
     recommended by the Commissioner of the Bureau of Reclamation 
     in the report entitled ``Canal-Lining Demonstration Project 
     Year 10 Final Report''.
                                 ______
                                 
  SA 835. Mr. INHOFE (for himself and Mr. Casey) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 548, between lines 16 and 17, insert the following:
       (10) Rural water infrastructure project.--The term ``rural 
     water infrastructure project'' means a project that--
       (A) is described in section 10007; and
       (B) is located in a water system that serves not more than 
     25,000 individuals.
       On page 556, strike lines 1 through 3, and insert the 
     following:
       (2) Eligible project costs.--
       (A) In general.--Subject to subparagraph (B), the eligible 
     project costs of a project shall be reasonably anticipated to 
     be not less than $20,000,000.
       (B) Rural water infrastructure projects.--For rural water 
     infrastructure projects, the eligible project costs of a 
     project shall be reasonably anticipated to be not less than 
     $5,000,000.
                                 ______
                                 
  SA 836. Mr. REED (for himself and Mr. Cochran) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 end of title II, add the following:

     SEC. 20__. STUDY OF VOLUNTARY COMMUNITY-BASED FLOOD INSURANCE 
                   OPTIONS.

       (a) Study.--
       (1) Study required.--The Administrator of the Federal 
     Emergency Management Agency (referred to in this section as 
     the ``Administrator'') shall conduct a study to assess 
     options, methods, and strategies for making available 
     voluntary community-based flood insurance policies through 
     the National Flood Insurance Program.
       (2) Considerations.--The study conducted under paragraph 
     (1) shall--

[[Page S3268]]

       (A) take into consideration and analyze how voluntary 
     community-based flood insurance policies--
       (i) would affect communities having varying economic bases, 
     geographic locations, flood hazard characteristics or 
     classifications, and flood management approaches; and
       (ii) could satisfy the applicable requirements under 
     section 102 of the Flood Disaster Protection Act of 1973 (42 
     U.S.C. 4012a); and
       (B) evaluate the advisability of making available voluntary 
     community-based flood insurance policies to communities, 
     subdivisions of communities, and areas of residual risk.
       (3) Consultation.--In conducting the study required under 
     paragraph (1), the Administrator may consult with the 
     Comptroller General of the United States, as the 
     Administrator determines is appropriate.
       (b) Report by the Administrator.--
       (1) Report required.--Not later than 18 months after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Committee on Financial Services of the 
     House of Representatives a report that contains the results 
     and conclusions of the study conducted under subsection (a).
       (2) Contents.--The report submitted under paragraph (1) 
     shall include recommendations for--
       (A) the best manner to incorporate voluntary community-
     based flood insurance policies into the National Flood 
     Insurance Program; and
       (B) a strategy to implement voluntary community-based flood 
     insurance policies that would encourage communities to 
     undertake flood mitigation activities, including the 
     construction, reconstruction, or improvement of levees, dams, 
     or other flood control structures.
       (c) Report by Comptroller General.--Not later than 6 months 
     after the date on which the Administrator submits the report 
     required under subsection (b), the Comptroller General of the 
     United States shall--
       (1) review the report submitted by the Administrator; and
       (2) submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report that contains--
       (A) an analysis of the report submitted by the 
     Administrator;
       (B) any comments or recommendations of the Comptroller 
     General relating to the report submitted by the 
     Administrator; and
       (C) any other recommendations of the Comptroller General 
     relating to community-based flood insurance policies.
                                 ______
                                 
  SA 837. Ms. COLLINS (for herself and Mr. King) submitted an amendment 
intended to be proposed by her to the bill S. 601, 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 end of title V, add the following:

     SEC. 50___. CAPE ARUNDEL DISPOSAL SITE, MAINE.

       (a) In General.--The Cape Arundel Disposal Site selected by 
     the Department of the Army as an alternative dredged material 
     disposal site under section 103(b) of the Marine Protection, 
     Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) 
     (referred to in this section as the ``Site'') is reopened and 
     shall remain open and available until the earlier of--
       (1) the date on which the Site does not have any remaining 
     disposal capacity; or
       (2) the date on which an environmental impact statement 
     designating an alternative dredged material disposal site for 
     southern Maine has been completed.
       (b) Limitations.--The use of the Site as a dredged material 
     disposal site under subsection (a) shall be subject to the 
     conditions that--
       (1) conditions at the Site remain suitable for the 
     continued use of the Site as a dredged material disposal 
     site; and
       (2) the Site not be used for the disposal of more than 
     80,000 cubic yards from any single dredging project.
                                 ______
                                 
  SA 838. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 601, 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 308, strike lines 21 through 25, and insert the 
     following:

       ``(II) are located in berths that are accessible to Federal 
     channels;

       ``(iv) for environmental remediation related to dredging 
     berths and Federal navigation channels; or
       ``(v) for capital investments in the infrastructure of 
     eligible donor ports and goods movement corridors associated 
     with eligible donor ports that mitigate the local impacts of 
     the movement of goods, including traffic congestion, air 
     pollution, infrastructure degradation, public safety threats, 
     and other impacts identified by the Secretary.
                                 ______
                                 
  SA 839. Mrs. GILLIBRAND (for herself and Mr. Wicker) submitted an 
amendment intended to be proposed by her to the bill S. 601, 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 end of the bill, add the following:

                 Subtitle B--Extreme Weather Resilience

     SEC. 11101. SHORT TITLE.

       This subtitle may be cited as the ``Strengthening The 
     Resiliency of Our Nation on the Ground Act'' or the ``STRONG 
     Act''.

     SEC. 11102. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Extreme weather has serious economic costs for 
     Americans, American businesses, and State and local 
     governments. Hurricanes, droughts, floods, tornadoes, extreme 
     heat, and extreme cold cause death, result in loss of 
     property and well-being, especially among the most vulnerable 
     populations, and negatively impact business activity and 
     economic growth.
       (2) Superstorm Sandy, which devastated the Eastern United 
     States in late October 2012, resulted in more than 100 
     deaths, the evacuation of hundreds of thousands of people 
     from their homes, power outages affecting more than 8,500,000 
     homes, massive flooding, gasoline shortages, and a crippled 
     regional energy and transportation infrastructure. As a 
     result of this storm, Congress passed the Disaster Relief 
     Appropriations Act, 2013, which appropriated $50,500,000,000 
     for post-Sandy recovery efforts.
       (3) In the past 30 years, there have been more than 130 
     weather-related disasters in the United States that each 
     generated at least $1,000,000,000 in damages or more than 
     $880,000,000,000 in total standardized loss. In addition, 
     there have been many other extreme weather events that 
     generated less than $1,000,000,000 in damages, but still 
     caused immeasurable harm to the Nation's citizens, 
     infrastructure, and economy.
       (4) Hurricane Katrina led to more than 1,800 deaths, 
     property damage exceeding $80,000,000,000, more than 
     $120,000,000,000 in Federal spending, and long-term impacts 
     on the economy and livelihoods of those living in the Gulf 
     Coast region.
       (5) In 2011, one of the most severe and costly years for 
     weather and climate on record, extreme weather hit every 
     region in the United States, resulting in--
       (A) prolonged droughts in the South and the West;
       (B) deadly floods in the Southeast and Midwest;
       (C) hundreds of devastating tornadoes across the United 
     States;
       (D) Hurricane Irene in the Northeast;
       (E) more than $50,000,000,000 in weather-related damages;
       (F) 14 extreme weather events, which resulted in more than 
     $1,000,000,000 in damages each and caused a combined death 
     toll of hundreds of people; and
       (G) many other extreme weather events with lesser, but 
     still significant, impacts.
       (6) In 2012, in addition to Superstorm Sandy, the United 
     States experienced--
       (A) drought conditions in more than 60 percent of the 
     contiguous United States at the peak of the drought, 
     including more than 2,200 counties that have received 
     disaster designations from the Secretary of Agriculture due 
     to the drought;
       (B) deadly floods in Minnesota, Tropical Storm Debby in 
     Florida, and Hurricane Isaac in Louisiana;
       (C) destructive wildfires on more than 9,000,000 acres 
     across 37 States;
       (D) power outages affecting more than 3,400,000 homes due 
     to severe storms during the summer; and
       (E) deadly heat waves, highlighted by July as the warmest 
     month on record for the contiguous United States and more 
     than 9,600 daily high temperature records broken during June, 
     July, and August.
       (7) These events and natural disaster trends, when combined 
     with the volatility of weather, ongoing demographic changes, 
     and development in high risk areas, indicate that the 
     negative impacts of extreme weather events and natural 
     disasters have the potential to increase over time. The fact 
     that a significant number of people and assets continue to be 
     located in areas prone to volatile and extreme weather 
     indicates that these events will continue to be expensive and 
     deadly if the United States fails to enhance its resiliency 
     to such events. Recent studies show that the intensity and 
     frequency of some types of, but not all, extreme weather 
     events will likely increase in the future.
       (8) Economic savings can be achieved by considering the 
     impacts of extreme weather over the short- and long-term in 
     the planning process. For example, a 2005 review of the 
     Federal Emergency Management Agency's hazard mitigation 
     programs, conducted by the National Institute of Building 
     Sciences' Multi-Hazard Mitigation Council,

[[Page S3269]]

     found that every dollar spent on hazard mitigation yields a 
     savings of $4 in future losses.
       (9) There are several efforts currently underway at the 
     Federal, regional, tribal, State, and local levels that have 
     helped lay the foundation for a federally-coordinated effort 
     to increase the Nation's resiliency to extreme weather 
     events, such as the Hurricane Sandy Rebuilding Task Force, 
     the Presidential Policy Directive on National Preparedness 
     (referred to in this subtitle as ``PPD-8''), the National 
     Preparedness System, the whole community approach led by the 
     Department of Homeland Security, and the Silver Jackets 
     Program by the Army Corps of Engineers. Other recent reports 
     on this subject include the National Academies of Sciences' 
     reports ``Disaster Resilience: A National Imperative'' and 
     ``Building Community Disaster Resilience through Public-
     Private Collaboration''.
       (b) Purpose.--The purpose of this subtitle is to minimize 
     the economic and social costs and future losses of life, 
     property, well-being, business activity, and economic growth 
     by making the United States more resilient to the impacts of 
     extreme weather events over the short- and long-term, thereby 
     creating business and job growth opportunities by--
       (1) ensuring that the Federal Government is optimizing its 
     use of existing resources and funding to support State and 
     local officials, businesses, tribal nations, and the public 
     to become more resilient, including--
       (A) encouraging the consideration of, and ways to 
     incorporate, extreme weather resilience across Federal 
     operations, programs, policies, and initiatives;
       (B) promoting improved coordination of existing and planned 
     Federal extreme weather resilience and adaptation efforts 
     that impact extreme weather resilience and ensuring their 
     coordination with, and support of, State, local, regional, 
     and tribal efforts;
       (C) minimizing Federal policies that may unintentionally 
     hinder or reduce resilience, such as damaging wetlands or 
     other critical green infrastructure, or lead Federal agencies 
     to operate at cross purposes in achieving extreme weather 
     resilience; and
       (D) building upon existing related efforts, such as the 
     Hurricane Sandy Rebuilding Task Force, the PPD-8, the 
     National Preparedness System, and the whole community 
     approach;
       (2) communicating the latest understanding and likely 
     short- and long-term human and economic impacts and risks of 
     extreme weather to businesses and the public;
       (3) supporting decision making that improves resilience by 
     providing forecasts and projections, data decision-support 
     tools, and other information and mechanisms; and
       (4) establishing a consistent vision and strategic plan for 
     extreme weather resilience across the Federal Government.

     SEC. 11103. DEFINITIONS.

       In this subtitle:
       (1) Extreme weather.--The term ``extreme weather'' includes 
     severe and unseasonable weather, heavy precipitation, 
     hurricanes, storm surges, tornadoes, other windstorms 
     (including derechos), extreme heat, extreme cold, and other 
     qualifying weather events as determined by the interagency 
     group established under section 11104(a)(1).
       (2) Resilience.--The term ``resilience'' means the ability 
     to prepare and plan for, absorb, recover from, and more 
     successfully adapt to adverse events in a timely manner.

     SEC. 11104. EXTREME WEATHER RESILIENCE GAP AND OVERLAP 
                   ANALYSIS.

       (a) Interagency Working Group.--
       (1) In general.--
       (A) Establishment.--The Director of the Office of Science 
     and Technology Policy (referred to in this section as the 
     ``Director''), with input from the Department of Homeland 
     Security, shall establish and chair an interagency working 
     group with Cabinet-level representation from all relevant 
     Federal agencies.
       (B) Duties.--The working group shall--
       (i) come together to provide a strategic vision of extreme 
     weather resilience;
       (ii) conduct a gap and overlap analysis of Federal 
     agencies' current and planned activities related to achieving 
     short- and long-term resilience to extreme weather and its 
     impacts on the Nation, such as storm surge, flooding, 
     drought, and wildfires; and
       (iii) develop a National Extreme Weather Resilience Plan in 
     accordance with section 11105(a).
       (2) Additional representation from executive office of the 
     president.--The interagency working group established under 
     paragraph (1) shall include representatives of the relevant 
     offices and councils within the Executive Office of the 
     President, including--
       (A) the Office of Management and Budget;
       (B) the National Security Staff;
       (C) the Council of Economic Advisors;
       (D) the Council on Environmental Quality; and
       (E) the Domestic Policy Council.
       (3) Consultation with tribal, state, and local 
     representatives.--
       (A) In general.--The Federal interagency working group 
     established under paragraph (1) shall work closely with an 
     advisory group to take into account the needs of State and 
     local entities across all regions of the United States. The 
     advisory group shall consist of--
       (i) 1 representative from the National Emergency Management 
     Association;
       (ii) 7 representatives from States and State associations; 
     and
       (iii) 8 representatives from local entities and 
     associations, including representation from a tribal nation 
     and at least 1 major metropolitan area.
       (B) Key sectors.--The representatives described in 
     subparagraph (A) shall, in the aggregate, represent all of 
     the key sectors set forth in subsection (b)(1).
       (C) Meetings.--The Director shall meet with the 
     representatives described in subparagraph (A) not fewer than 
     9 times during the development of--
       (i) the gap and overlap analysis under this section; and
       (ii) the National Extreme Weather Resilience Action Plan 
     under section 11105.
       (4) Cooperation by federal agencies.--In carrying out the 
     activities described in subsection (b), Federal agency 
     representatives participating in the working group shall be 
     forthright and shall fully cooperate with the Office of 
     Science and Technology Policy.
       (5) Detailees.--Upon the request of the Director, each 
     agency or entity referred to in paragraph (1) shall provide 
     the working group with a detailee, without reimbursement from 
     the working group, to support the activities described in 
     subsection (b), section 11105, and section 11107(a). Such 
     detailee shall retain the rights, status, and privileges of 
     his or her regular employment without interruption.
       (6) Volunteer services.--Notwithstanding section 1342 of 
     title 31, United States Code, the working group may 
     investigate and use such voluntary services as the working 
     group determines to be necessary.
       (b) Gap and Overlap Analysis.--In conducting the gap and 
     overlap analysis required under subsection (a)(1), Federal 
     agency representatives shall--
       (1) develop a Federal Government-wide working vision for 
     resilience to the impacts of extreme weather events in the 
     short- and long-term, in accordance with the purpose set 
     forth in section 11102(b), through an effort led by the 
     Director and the interagency working group, which includes 
     goals and objectives for key sectors. Key sectors shall 
     include--
       (A) agriculture;
       (B) forestry and natural resources management;
       (C) water management, including supply and treatment;
       (D) energy supply and transmission;
       (E) infrastructure, including natural and built forms of 
     water and wastewater, transportation, coastal infrastructure, 
     and other landscapes and ecosystems services;
       (F) public health and healthcare delivery, including mental 
     health and hazardous materials management;
       (G) communications, including wireless communications;
       (H) housing and other buildings;
       (I) national security;
       (J) emergency preparedness;
       (K) insurance; and
       (L) other sectors that the Director considers appropriate;
       (2) consider and identify the interdependencies among the 
     key sectors when developing the vision referred to in 
     paragraph (1);
       (3) create summaries of the existing and planned efforts 
     and programmatic work underway or relevant to supporting 
     State and local stakeholders in achieving greater extreme 
     weather resilience in the short and long term for each sector 
     identified under paragraph (1) and across the sectors, 
     specifically including summaries of--
       (A) individual Federal agency programs, policies, 
     regulations, and initiatives, and research and data 
     collection and dissemination efforts;
       (B) areas of collaboration and coordination across Federal 
     agencies; and
       (C) areas of coordination with State and local agencies, 
     private entities, and regional cooperation;
       (4) identify specific Federal programs, statutes, 
     regulations, policies, and initiatives which may 
     unintentionally hinder resilience efforts, including an 
     analysis of disincentives, barriers, and incompatible 
     programs, policies, or initiatives across agencies and 
     sectors;
       (5) examine how the severity and frequency of extreme 
     weather events at the local and regional level may change in 
     the future and communicate these potential risks to 
     stakeholders;
       (6) work together to identify and evaluate existing Federal 
     tools and data to describe, analyze, forecast, and model the 
     potential impacts identified under paragraph (5) and develop 
     recommendations to strengthen their ability to provide 
     reliable and accurate forecasts at the national, regional, 
     State, and local levels;
       (7) identify gaps and overlaps in Federal agency work, 
     resources, and authorities that impair the ability of the 
     United States to meet the vision for short- and long-term 
     extreme weather resilience, by comparing the goals and 
     objectives identified for each sector and across sectors with 
     the summaries identified in paragraph (3), specifically 
     identifying gaps relating to--
       (A) individual Federal agency programs, policies, and 
     initiatives, and research data collection and dissemination 
     efforts;
       (B) areas of collaboration and coordination across Federal 
     agencies;
       (C) areas of coordination with State and local agencies and 
     private entities, and regional cooperation;
       (8) determine potential measures to address the issues 
     referred to in paragraph (4) and to address the gaps and 
     overlaps referred to in paragraph (7) by--

[[Page S3270]]

       (A) designating individual or multiple Federal agencies to 
     address these gaps;
       (B) building upon existing delivery mechanisms;
       (C) evaluating options for programs, policies, and 
     initiatives that may particularly benefit extreme weather 
     resilience efforts, including the role of ecosystem-based 
     approaches;
       (D) recommending modifications to existing Federal agency 
     programs, statutes, regulations, policies, and initiatives to 
     better support extreme weather resiliency;
       (E) requesting new authorities and resource requirements, 
     if needed; and
       (F) identifying existing Federal government processes that 
     can be built upon to address the purpose of this subtitle; 
     and
       (9) establish, with the assistance of the General Services 
     Administration or such other Federal agency as the Director 
     may designate, a Federal advisory working group to provide 
     ongoing collective input to the process.
       (c) Working Group.--The Federal advisory working group 
     established pursuant to subsection (b)(9) shall consist of 
     relevant private sector, academic, State and local 
     government, tribal nation, regional organization, vulnerable 
     population, and nongovernmental representatives, with 
     representation from each sector described in paragraph (1). 
     The Director may designate an existing Federal advisory 
     committee under which the working group would operate 
     independently, with the same rights and privileges held by 
     members of the advisory committee. The members of the working 
     group established pursuant to subsection (b)(9) may not 
     simultaneously serve as members of the advisory committee 
     designated pursuant to this subsection. The activities of the 
     working group should complement and not duplicate the 
     stakeholder process conducted under PPD-8.

     SEC. 11105. NATIONAL EXTREME WEATHER RESILIENCE ACTION PLAN.

       (a) In General.--Based on the results of the gap and 
     overlap analysis conducted under section 11104, the Director, 
     working with the interagency working group established under 
     such section, and considering the efforts described in 
     section 11102(a)(9), shall develop a National Extreme Weather 
     Resilience Action Plan (referred to in this section as the 
     ``Plan'')--
       (1) to build upon existing Federal Government processes 
     referred to in section 11104(b)(8)(F)--
       (A) to address the results of the gap and overlap analysis 
     under section 11104; and
       (B) to incorporate the activities required under subsection 
     (c);
       (2) to best utilize existing resources and programs through 
     improved interagency coordination and collaboration;
       (3) to improve Federal coordination with existing regional 
     entities, State and local governments, networks, and private 
     stakeholders;
       (4) to make data and tools accessible and understandable 
     and to help facilitate information exchange for tribal, 
     State, and local officials, businesses, and other 
     stakeholders in a manner that addresses the needs expressed 
     by these stakeholders;
       (5) to facilitate public-private partnerships;
       (6) to improve Federal agencies' economic analytical 
     capacity to assess--
       (A) the likelihood and potential costs of extreme weather 
     impacts by region and nationally; and
       (B) the relative benefits of potential resilience measures 
     to multiple stakeholders;
       (7) to provide tools to stakeholders--
       (A) to conduct analyses similar to those described in 
     paragraph (6); and
       (B) to support decision-making;
       (8) to support resiliency plans developed by State and 
     local governments, regional entities, and tribal nations, to 
     the extent possible; and
       (9) to request further resources, if necessary, to fill in 
     gaps to enable national resilience to extreme weather, 
     including resilience of tribal nations, and particularly 
     vulnerable populations, and the use of green infrastructure 
     and ecosystem-based solutions.
       (b) Cooperation.--Any Federal agency representative 
     contacted by the Director, in the course of developing the 
     Plan, shall be forthright and shall fully cooperate with the 
     Office of Science and Technology Policy, as requested.
       (c) Required Activities.--
       (1) Responsibilities.--The Plan shall include specific 
     Federal agency and interagency responsibilities, identify 
     potential new authorities, if necessary, and employ risk 
     analysis--
       (A) to address the gaps identified through the gap and 
     overlap analysis; and
       (B) to improve Federal interagency coordination and Federal 
     coordination with State, regional, local, and tribal 
     partners.
       (2) Available funding opportunities.--
       (A) Identification.--The Director shall identify--
       (i) existing Federal grant programs and other funding 
     opportunities available to support State and local government 
     extreme weather resiliency planning efforts; or
       (ii) projects to advance extreme weather resiliency.
       (B) Publication.--The Director shall publish the 
     information described in subparagraph (A) in the information 
     portal identified in paragraph (3).
       (C) Responsibilities.--Each participating agency shall--
       (i) consider incorporating criteria or guidance into 
     existing relevant Federal grant and other funding 
     opportunities to better support State and local efforts to 
     improve extreme weather resiliency; and
       (ii) evaluate and modify existing Federal funding 
     opportunities, as appropriate, to maximize the return on 
     investment for pre-disaster mitigation activities.
       (3) Information portal.--
       (A) In general.--The Plan shall--
       (i) include the establishment of an online, publicly 
     available information portal for use by Federal agencies, 
     their partners, and stakeholders, that directs users to key 
     data and tools to inform resilience-enhancing efforts; and
       (ii) build off and be complementary to existing Federal 
     efforts, including data.gov.
       (B) Maintenance.--The coordinating entity identified under 
     paragraph (3) shall be responsible for establishing and 
     maintaining the information portal.
       (C) Information supplied.--Information shall be supplied as 
     requested by Federal agencies, their partners, academia, and 
     private stakeholders, in coordination with regional, State, 
     local, and tribal agencies.
       (D) Contents.--The information portal established under 
     this paragraph shall direct users to coordinated and 
     systematic information on--
       (i) best or model practices;
       (ii) data;
       (iii) case studies;
       (iv) indicators;
       (v) scientific reports;
       (vi) resilience and vulnerability assessments;
       (vii) guidance documents and design standards;
       (viii) incentives;
       (ix) education and communication initiatives;
       (x) decision support tools, including risk management, 
     short- and long-term economic analysis, and predictive 
     models;
       (xi) planning tools;
       (xii) public and private sources of assistance; and
       (xiii) such other information as the coordinating entity 
     considers appropriate.
       (4) Coordinating entity.--The Plan shall include the 
     identification of a Federal agency, interagency council, 
     office, or program, which participated in the gap and overlap 
     analysis and Plan development. Such entity shall--
       (A) coordinate the implementation of the Plan;
       (B) track the progress of such implementation; and
       (C) transfer responsibilities to another Federal agency, 
     interagency council, office, or program to serve as the 
     coordinating entity if the entities participating in the 
     working group agree that circumstances necessitate such a 
     change.
       (5) Resiliency officer.--Each Federal agency that assists 
     with the gap and overlap analysis required under section 
     11104 shall designate, from among the agency's senior 
     management, a Senior Resiliency Officer, who shall--
       (A) facilitate the implementation of the agency's 
     responsibilities under paragraph (1);
       (B) monitor the agency's progress and performance in 
     implementing its responsibilities under paragraph (1);
       (C) report the agency's progress and performance to the 
     head of the agency and the coordinating entity identified 
     under paragraph (3); and
       (D) serve as the agency lead in ongoing coordination 
     efforts within the Federal agency and between the 
     coordinating entity, other Federal agencies, public and 
     private partners, and stakeholders.
       (d) Publication.--
       (1) Draft plan.--Not later than 420 days after the date of 
     the enactment of this Act, the Director shall publish a draft 
     of the Plan developed under this section in the Federal 
     Register.
       (2) Public comment period.--During the 60-day period 
     beginning on the date on which the draft Plan is published 
     under paragraph (1), the Director shall--
       (A) solicit comment from the public; and
       (B) conduct a briefing for Congress to explain the 
     provisions contained in the draft Plan.
       (3) Final plan.--Not later than 120 days after the end of 
     the public comment period described in paragraph (2), the 
     Director shall publish the final Plan in the Federal 
     Register.
       (e) Implementation.--Not later than 630 days after the date 
     of the enactment of this Act, the Director shall begin 
     implementing the final Plan published under subsection 
     (d)(3).
       (f) Financing.--To the extent possible--
       (1) Federal funding should be used to leverage private 
     sector financing for resilience building activities, 
     consistent with the implementation of the Plan, through 
     public-private partnerships; and
       (2) Federal grant and loan programs of the Federal agencies 
     participating in the interagency working group for this 
     effort shall consider extreme weather resilience as a key 
     factor when awarding funding, including the projected extreme 
     weather risk to a project over the course of its expected 
     life.
       (g) Tribal, State, and Local Responsibilities.--The Plan 
     may not place new unfunded requirements on State or local 
     governments.

[[Page S3271]]

     SEC. 11106. AUTHORIZATION OF OTHER ACTIVITIES.

       (a) In General.--Federal agencies are authorized to develop 
     tools and disseminate information to improve extreme weather 
     resilience in the key sectors set forth in section 
     11104(b)(1).
       (b) Office of Science and Technology Policy.--In conducting 
     the gap and overlap analysis under section 11104 and 
     developing the National Extreme Weather Resilience Action 
     Plan under section 11105, the Director may carry out 
     additional activities in support of the purpose of this 
     subtitle.

     SEC. 11107. REPORTS.

       (a) Government Accountability Office Report.--Not later 
     than 1 year after the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit a 
     report to Congress that--
       (1) identifies existing Federal Government programs and 
     policies related to disaster relief, response, and recovery 
     that impede improving short- and long-term extreme weather 
     resilience; and
       (2) make recommendations for how the programs or policies 
     could be structured differently to better support short- and 
     long-term resilience after an extreme weather event.
       (b) Initial Report.--Not later than 2 years after the date 
     of the enactment of this Act, the Director shall submit a 
     report to Congress that contains--
       (1) the results of the gap and overlap analysis;
       (2) the final National Extreme Weather Resilience Action 
     Plan;
       (3) an update on the implementation of the plan; and
       (4) available resources for the sustained implementation of 
     the plan.
       (c) Triennial Reports.--Not later than 2 years after the 
     submission of the report under subsection (a), and every 3 
     years thereafter, the coordinating entity identified under 
     section 11105(c)(3), in cooperation with the interagency 
     working group established under section 11104(a), shall 
     submit a report to Congress that--
       (1) contains an update of the National Extreme Weather 
     Resilience Action Plan;
       (2) describes the progress of the plan's implementation;
       (3) improves upon the original analysis as more information 
     and understanding about extreme weather events becomes 
     available;
       (4) establishes criteria for prioritization of activities 
     described in the plan;
       (5) reconsiders and makes changes to the plan based on the 
     availability of new information described in paragraph (3); 
     and
       (6) identifies cost-effective changes to laws, policies, or 
     regulations that could advance the purpose of this subtitle.
       (d) FEMA Reports on Funding.--
       (1) Findings.--Congress finds the following:
       (A) The Federal Emergency Management Agency grant programs 
     are a key vehicle that exists to fund activities related to 
     resiliency planning and projects.
       (B) In order to ensure that the United States becomes more 
     resilient to extreme weather, it is important to ensure that 
     sufficient resources are available to support resiliency 
     activities
       (2) Reports.--At the end of each fiscal year, the Director 
     of the Federal Emergency Management Agency (FEMA) shall 
     submit a report to Congress that--
       (A) identifies the amounts that were made available to the 
     FEMA during such fiscal year for State and local entities to 
     use for activities that support the purposes of this 
     subtitle;
       (B) identifies the amounts disbursed by FEMA to State and 
     local entities during such fiscal year for such activities;
       (C) describes the resources requested by State and local 
     entities for activities that support the purposes of this 
     subtitle; and
       (D) identifies the difference between the amounts disbursed 
     by FEMA and the amounts requested from FEMA by State and 
     local entities.

     SEC. 11108. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amounts for Analysis, Plan Development and 
     Implementation, and Reports.--There are authorized to be 
     appropriated such sums as may be necessary for fiscal years 
     2014 through 2016--
       (1) to conduct the gap and overlap analysis required under 
     section 11104;
       (2) to conduct the activities required under section 11105, 
     including the creation and maintenance of the information 
     portal; and
       (3) to prepare the reports to Congress required under 
     subsections (b) and (c) of section 11107.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) shall remain available for the purposes set 
     forth in such subsection through December 31, 2016.
                                 ______
                                 
  SA 840. Mr. WARNER (for himself and Mr. Kaine) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 216, between lines 3 and 4, insert the following:

     SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA AND ARLINGTON 
                   COUNTY, VIRGINIA.

       Section 84(a)(1) of the Water Resources Development Act of 
     1974 (Public Law 93-251; 88 Stat. 35) is amended by striking 
     ``twenty-seven thousand cubic feet per second'' and inserting 
     ``18,000 cubic feet per second, which--
       ``(A) includes wetland and fluvial habitat features; and
       ``(B) does not include freeboard''.
                                 ______
                                 
  SA 841. Mr. GRAHAM (for himself and Mr. Scott) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 end of title II, add the following:

     SEC. 20__. SENSE OF CONGRESS REGARDING NAVIGATION MAINTENANCE 
                   FOR SMALL HARBORS.

       (a) Finding.--Congress finds that the criteria used by the 
     Secretary as of the date of enactment of this Act to 
     determine funding for navigation maintenance projects does 
     not allow small, remote, or subsistence harbors properly to 
     compete for scarce navigation maintenance funds.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary should revise the criteria described in 
     subsection (a) to account for the impact of small, remote, 
     and subsistence harbor projects on local and regional 
     economies.
                                 ______
                                 
  SA 842. Mr. GRAHAM (for himself and Mr. Scott) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 end of title I, add the following:

     SEC. 1004. NAVIGATION PROJECTS.

       During the period beginning on October 1, 2012, and ending 
     on September 30, 2017, the Secretary may carry out 
     construction of a navigation project if--
       (1) a Chief of Engineers report recommending implementation 
     of the applicable project--
       (A) is completed and submitted to Congress; and
       (B) reflects a benefit-to-cost ratio of not less than 2:1; 
     and
       (2) the local sponsor of the applicable project will--
       (A) advance an amount equal to the total Federal share of 
     the cost of construction of the project; and
       (B) seek reimbursement for the Federal share for future 
     fiscal years, as described in the Chief of Engineers report.
                                 ______
                                 
  SA 843. Mr. GRAHAM (for himself and Mr. Scott) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 end of title I, add the following:

     SEC. 1004. CONTINGENCY AUTHORIZATION FOR WATER AND RELATED 
                   RESOURCES PROJECTS.

       During the period beginning on October 1, 2012, and ending 
     on September 30, 2017, the Secretary may carry out 
     construction of a project if--
       (1) a Chief of Engineers report recommending implementation 
     of the applicable project--
       (A) is completed and submitted to Congress; and
       (B) reflects a benefit-to-cost ratio of not less than 2:1; 
     and
       (2) the local sponsor of the applicable project will--
       (A) advance an amount equal to the total Federal share of 
     the cost of construction of the project; and
       (B) seek reimbursement for the Federal share for future 
     fiscal years, as described in the Chief of Engineers report.
                                 ______
                                 
  SA 844. Mr. GRAHAM (for himself and Mr. Scott) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 end of title I, add the following:

     SEC. 1004. NAVIGATION PROJECTS.

       During the period beginning on October 1, 2012, and ending 
     on September 30, 2017, the

[[Page S3272]]

     Secretary may carry out construction of a navigation project 
     if--
       (1) a Chief of Engineers report recommending implementation 
     of the applicable project is completed and submitted to 
     Congress; and
       (2) the project is included in the initiative of the 
     President entitled ``We Can't Wait'', as implemented by 
     Executive Order 13604 (77 Fed. Reg. 18887 (March 28, 2012)).
                                 ______
                                 
  SA 845. Mr. GRAHAM (for himself and Mr. Scott) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 end of title I, add the following:

     SEC. 1004. NAVIGATION PROJECTS.

       During the period beginning on October 1, 2012, and ending 
     on September 30, 2017, the Secretary may carry out 
     construction of a navigation project if a Chief of Engineers 
     report recommending implementation of the applicable 
     project--
       (1) is completed and submitted to Congress; and
       (2) reflects a benefit-to-cost ratio of not less than 2:1.
                                 ______
                                 
  SA 846. Mr. MANCHIN (for himself, Mr. Portman, Mr. Rockefeller, and 
Mr. Hoeven) submitted an amendment intended to be proposed by him to 
the bill S. 601, 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 end of the bill, add the following:

     SEC. 12001. PERMITS FOR DREDGED OR FILL MATERIAL.

       (a) In General.--Section 404(c) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1344(c)) is amended in the 
     first sentence by striking ``The Administrator'' and 
     inserting ``Until such time as a permit under this section 
     has been issued by the Secretary, the Administrator''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on October 18, 1972.
                                 ______
                                 
  SA 847. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 601, 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 236, strike line 13 and insert the following:
       (f) Effect of Section.--
       (1) In general.--Nothing in this section replaces or 
     provides a substitute for the authority to carry out projects 
     under section 3110 of the Water Resources Development Act of 
     2007 (121 Stat. 1135).
       (2) Funding.--The amounts made available to carry out this 
     section shall be used to carry out projects that are not 
     otherwise carried out under section 3110 of the Water 
     Resources Development Act of 2007 (121 Stat. 1135).
       (g) Authorization of Appropriations.--There is
                                 ______
                                 
  SA 848. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 601, 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 end of title II, add the following:

     SEC. 20__. DELAY IN IMPLEMENTATION OF BIGGERT-WATERS FLOOD 
                   INSURANCE REFORM ACT OF 2012 IN CERTAIN STATES.

       (a) In General.--The Biggert-Waters Flood Insurance Reform 
     Act of 2012 (Public Law 112-141; 126 Stat. 916) and the 
     amendments made by that Act shall have no force or effect in 
     New York or New Jersey until the date that is 1 year after 
     the date on which the Administrator of the Federal Emergency 
     Management Agency notifies Congress that all amounts 
     contributed by the Federal Government under the Hazard 
     Mitigation Grant Program authorized under section 404 of the 
     Robert T. Stafford Disaster Assistance and Emergency Relief 
     Act (42 U.S.C. 5170c) in response to Hurricane Sandy have 
     been expended.
       (b) Effective Date.--Subsection (a) shall take effect as if 
     enacted as part of the Biggert-Waters Flood Insurance Reform 
     Act of 2012 (Public Law 112-141; 126 Stat. 916).
                                 ______
                                 
  SA 849. Mr. RUBIO (for himself, Mr. Sessions, Mr. Shelby, and Mr. 
Nelson) submitted an amendment intended to be proposed by him to the 
bill S. 601, 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:

       Strike section 2015 and insert the following:

     SEC. 2015. WATER SUPPLY.

       Section 301(d) of the Water Supply Act of 1958 (43 U.S.C. 
     390b(d)) is amended--
       (1) by striking ``(d) Modifications'' and inserting the 
     following:
       ``(d) Approval of Congress of Modifications of Reservoir 
     Projects.--
       ``(1) In general.--A modification''; and
       (2) by adding at the end the following:
       ``(2) Additional approval.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in addition to the approval under paragraph (1), approval by 
     Congress shall be required for any modification that provides 
     storage for municipal or industrial water supply at a 
     reservoir project (other than a project located in a State in 
     which the Bureau of Reclamation operates reservoir projects 
     as of April 1, 2013) with a conservation storage pool 
     exceeding 200,000 acre-feet if, when considered cumulatively 
     with all previous modifications of the project pursuant to 
     this section, the modification would involve an allocation or 
     reallocation of more than 5 percent of the conservation 
     storage pool of the project.
       ``(B) Exception.--Approval by Congress shall not be 
     required under subparagraph (A) for any modification made 
     pursuant to--
       ``(i) an interstate water compact approved by Congress; or
       ``(ii) a project-specific statutory authorization.''.
                                 ______
                                 
  SA 850. Mr. MANCHIN (for himself and Mr. Toomey) submitted an 
amendment intended to be proposed by him to the bill S. 601, 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 end of the bill, add the following:

             TITLE XII--CLEAN WATER COOPERATIVE FEDERALISM

     SECTION 12001. SHORT TITLE.

       This title may be cited as the ``Clean Water Cooperative 
     Federalism Act of 2013''.

     SEC. 12002. STATE WATER QUALITY STANDARDS.

       (a) State Water Quality Standards.--Section 303(c)(4) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1313(c)(4)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (2) by striking ``(4)'' and inserting ``(4)(A)'';
       (3) by striking ``The Administrator shall promulgate'' and 
     inserting the following:
       ``(B) The Administrator shall promulgate''; and
       (4) by adding at the end the following:
       ``(C) Notwithstanding subparagraph (A)(ii), the 
     Administrator may not promulgate a revised or new standard 
     for a pollutant in any case in which the State has submitted 
     to the Administrator and the Administrator has approved a 
     water quality standard for that pollutant, unless the State 
     concurs with the Administrator's determination that the 
     revised or new standard is necessary to meet the requirements 
     of this Act.''.
       (b) Federal Licenses and Permits.--Section 401(a) of such 
     Act (33 U.S.C. 1341(a)) is amended by adding at the end the 
     following:
       ``(7) With respect to any discharge, if a State or 
     interstate agency having jurisdiction over the navigable 
     waters at the point where the discharge originates or will 
     originate determines under paragraph (1) that the discharge 
     will comply with the applicable provisions of sections 301, 
     302, 303, 306, and 307, the Administrator may not take any 
     action to supersede the determination.''.
       (c) State NPDES Permit Programs.--Section 402(c) of such 
     Act (42 U.S.C. 1342(c)) is amended by adding at the end the 
     following:
       ``(5) Limitation on authority of administrator to withdraw 
     approval of state programs.--The Administrator may not 
     withdraw approval of a State program under paragraph (3) or 
     (4), or limit Federal financial assistance for the State 
     program, on the basis that the Administrator disagrees with 
     the State regarding--
       ``(A) the implementation of any water quality standard that 
     has been adopted by the State and approved by the 
     Administrator under section 303(c); or
       ``(B) the implementation of any Federal guidance that 
     directs the interpretation of the State's water quality 
     standards.''.
       (d) Limitation on Authority of Administrator To Object to 
     Individual Permits.--Section 402(d) of such Act (33 U.S.C. 
     1342(d)) is amended by adding at the end the following:
       ``(5) The Administrator may not object under paragraph (2) 
     to the issuance of a permit by a State on the basis of--
       ``(A) the Administrator's interpretation of a water quality 
     standard that has been

[[Page S3273]]

     adopted by the State and approved by the Administrator under 
     section 303(c); or
       ``(B) the implementation of any Federal guidance that 
     directs the interpretation of the State's water quality 
     standards.''.

     SEC. 12003. PERMITS FOR DREDGED OR FILL MATERIAL.

       (a) Authority of EPA Administrator.--Section 404(c) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is 
     amended--
       (1) by striking ``(c)'' and inserting ``(c)(1)''; and
       (2) by adding at the end the following:
       ``(2) Paragraph (1) shall not apply to any permit if the 
     State in which the discharge originates or will originate 
     does not concur with the Administrator's determination that 
     the discharge will result in an unacceptable adverse effect 
     as described in paragraph (1).''.
       (b) State Permit Programs.--The first sentence of section 
     404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended by 
     striking ``The Governor of any State desiring to administer 
     its own individual and general permit program for the 
     discharge'' and inserting ``The Governor of any State 
     desiring to administer its own individual and general permit 
     program for some or all of the discharges''.

     SEC. 12004. DEADLINES FOR AGENCY COMMENTS.

       Section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344) is amended--
       (1) in subsection (m) by striking ``ninetieth day'' and 
     inserting ``30th day (or the 60th day if additional time is 
     requested)''; and
       (2) in subsection (q)--
       (A) by striking ``(q)'' and inserting ``(q)(1)''; and
       (B) by adding at the end the following:
       ``(2) The Administrator and the head of a department or 
     agency referred to in paragraph (1) shall each submit any 
     comments with respect to an application for a permit under 
     subsection (a) or (e) not later than the 30th day (or the 
     60th day if additional time is requested) after the date of 
     receipt of an application for a permit under that 
     subsection.''.

     SEC. 12005. APPLICABILITY OF AMENDMENTS.

       The amendments made by this title shall apply to actions 
     taken on or after the date of enactment of this Act, 
     including actions taken with respect to permit applications 
     that are pending or revised or new standards that are being 
     promulgated as of such date of enactment.

     SEC. 12006. REPORTING ON HARMFUL POLLUTANTS.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Administrator of the 
     Environmental Protection Agency shall submit to Congress a 
     report on any increase or reduction in waterborne pathogenic 
     microorganisms (including protozoa, viruses, bacteria, and 
     parasites), toxic chemicals, or toxic metals (such as lead 
     and mercury) in waters regulated by a State under the 
     provisions of this title, including the amendments made by 
     this title.

     SEC. 12007. PIPELINES CROSSING STREAMBEDS.

       None of the provisions of this title, including the 
     amendments made by this title, shall be construed to limit 
     the authority of the Administrator of the Environmental 
     Protection Agency, as in effect on the day before the date of 
     enactment of this Act, to regulate a pipeline that crosses a 
     streambed.

     SEC. 12008. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT 
                   AND ECONOMIC ACTIVITY.

       (a) Analysis of Impacts of Actions on Employment and 
     Economic Activity.--
       (1) Analysis.--Before taking a covered action, the 
     Administrator shall analyze the impact, disaggregated by 
     State, of the covered action on employment levels and 
     economic activity, including estimated job losses and 
     decreased economic activity.
       (2) Economic models.--
       (A) In general.--In carrying out paragraph (1), the 
     Administrator shall utilize the best available economic 
     models.
       (B) Annual gao report.--Not later than December 31st of 
     each year, the Comptroller General of the United States shall 
     submit to Congress a report on the economic models used by 
     the Administrator to carry out this subsection.
       (3) Availability of information.--With respect to any 
     covered action, the Administrator shall--
       (A) post the analysis under paragraph (1) as a link on the 
     main page of the public Internet Web site of the 
     Environmental Protection Agency; and
       (B) request that the Governor of any State experiencing 
     more than a de minimis negative impact post such analysis in 
     the Capitol of such State.
       (b) Public Hearings.--
       (1) In general.--If the Administrator concludes under 
     subsection (a)(1) that a covered action will have more than a 
     de minimis negative impact on employment levels or economic 
     activity in a State, the Administrator shall hold a public 
     hearing in each such State at least 30 days prior to the 
     effective date of the covered action.
       (2) Time, location, and selection.--A public hearing 
     required under paragraph (1) shall be held at a convenient 
     time and location for impacted residents. In selecting a 
     location for such a public hearing, the Administrator shall 
     give priority to locations in the State that will experience 
     the greatest number of job losses.
       (c) Notification.--If the Administrator concludes under 
     subsection (a)(1) that a covered action will have more than a 
     de minimis negative impact on employment levels or economic 
     activity in any State, the Administrator shall give notice of 
     such impact to the State's Congressional delegation, 
     Governor, and Legislature at least 45 days before the 
     effective date of the covered action.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Covered action.--The term ``covered action'' means any 
     of the following actions taken by the Administrator under the 
     Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.):
       (A) Issuing a regulation, policy statement, guidance, 
     response to a petition, or other requirement.
       (B) Implementing a new or substantially altered program.
       (3) More than a de minimis negative impact.--The term 
     ``more than a de minimis negative impact'' means the 
     following:
       (A) With respect to employment levels, a loss of more than 
     100 jobs. Any offsetting job gains that result from the 
     hypothetical creation of new jobs through new technologies or 
     government employment may not be used in the job loss 
     calculation.
       (B) With respect to economic activity, a decrease in 
     economic activity of more than $1,000,000 over any calendar 
     year. Any offsetting economic activity that results from the 
     hypothetical creation of new economic activity through new 
     technologies or government employment may not be used in the 
     economic activity calculation.
                                 ______
                                 
  SA 851. Mr. UDALL of New Mexico (for himself, Mr. Cardin, Mr. 
Heinrich, and Mr. Cowan) submitted an amendment intended to be proposed 
by him to the bill S. 601, 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 101, strike lines 4 through 14 and insert the 
     following:
       ``(1) In general.--The project development procedures under 
     this section apply to project studies initiated after the 
     date on which the Secretary--
       ``(A) certifies to Congress that the cost to construct the 
     water resources projects authorized for construction, but not 
     completed on the date on which the certification is made, by 
     the Chief of Engineers by any Act of Congress relating to 
     water resources development, flood control, or rivers and 
     harbors is less than $20,000,000,000 (adjusted for inflation 
     as of the date on which the certification is made); and
       ``(B) determines that an environmental impact statement is 
     required.
                                 ______
                                 
  SA 852. Mr. UDALL of New Mexico (for himself, Mr. Graham, Mr. 
Heinrich, and Mr. Brown) submitted an amendment intended to be proposed 
by him to the bill S. 601, 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 6, lines 24 and 25, strike ``the date of enactment 
     of this Act'' and insert ``December 31, 2016''.
                                 ______
                                 
  SA 853. Mr. UDALL of New Mexico (for himself, Mr. Cowan, Mr. 
Heinrich, Ms. Warren, Mr. Cardin, Mr. Bennet, Mr. Rockefeller, Mr. 
Blumenthal, Mrs. Gillibrand, Mr. Lautenberg, Mr. Leahy, and Mr. Udall 
of Colorado) submitted an amendment intended to be proposed by him to 
the bill S. 601, 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 138, between lines 3 and 4, insert the following:

     SEC. 2034. TERMINATION OF AUTHORITY.

       (a) In General.--The authority provided by section 2032 of 
     this Act and section 2045 of the Water Resources Development 
     Act of 2007 (33 U.S.C. 2348) (as amended by section 2033 of 
     this Act) shall constitute a pilot program, the authority for 
     which terminates on the date that is 5 years after the date 
     of enactment of this Act.
       (b) Report.--Prior to the date on which authority is 
     terminated under subsection (a), the Secretary shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that describes the 
     effectiveness of the authority described in subsection (a) in 
     streamlining projects.

[[Page S3274]]

                                 ______
                                 
  SA 854. Mr. CASEY (for himself, Mr. Alexander, Mr. Blunt, Mrs. 
McCaskill, Ms. Landrieu, Ms. Stabenow, Mr. Franken, and Mr. Harkin) 
submitted an amendment intended to be proposed by him to the bill S. 
601, 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:

       Beginning on page 289, strike line 16 and all that follows 
     through page 291, line 11, and insert the following:

     SEC. 7005. REVISION TO THE INLAND WATERWAYS TRUST FUND 
                   FINANCING RATE.

       (a) In General.--Subparagraph (A) of section 4042(b)(2) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(A) The Inland Waterways Trust Fund financing rate is 29 
     cents per gallon.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to uses during calendar quarters beginning more 
     than 60 days after the date of the enactment of this Act.
                                 ______
                                 
  SA 855. Mr. KAINE (for himself and Mr. Warner) submitted an amendment 
intended to be proposed by him to the bill S. 601, 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 end of title II, add the following:

     SEC. 20__. CONSIDERATION OF APPLICATIONS FOR DREDGED OR FILL 
                   MATERIAL.

       Section 404(b) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344(b)) is amended--
       (1) by striking ``(b) Subject to subsection (c) of this 
     section'' and inserting the following:
       ``(b) Specification of Disposal Sites.--
       ``(1) In general.--Subject to subsection (c)'';
       (2) by striking ``Secretary (1) through'' and inserting the 
     following:
     ``Secretary--
       ``(A) through'';
       (3) by striking ``section 403(c), and (2) in any case where 
     such guidelines under clause (1) alone'' and inserting the 
     following:

     ``section 403(c); and

       ``(B) in any case in which the guidelines described in 
     subparagraph (A)''; and
       (4) by adding at the end the following:
       ``(2) End-user consideration.--For a determination of 
     whether to issue a permit under this section, the lack of a 
     specified end-user for a site shall not be considered under 
     subsection (a)(3)(iv) of section 230.12 of title 40, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     the Water Resources Development Act of 2013), to be a lack of 
     sufficient information to make a reasonable judgment as to 
     whether the proposed discharge will comply with the 
     guidelines contained in subsection (a) of that section (as in 
     effect on that date of enactment), if the jurisdiction for 
     which the permit application is submitted--
       ``(A) meets all applicable requirements of paragraph (1) 
     and section 230.12(a) of title 40, Code of Federal 
     Regulations (as in effect on the date of enactment of the 
     Water Resources Development Act of 2013); and
       ``(B) is, or is located in, a county with a 5-year average 
     unemployment rate of not less than 10 percent.''.
                                 ______
                                 
  SA 856. Mr. BROWN (for himself, Mr. Graham, Mr. Udall of New Mexico, 
and Mr. Heinrich) submitted an amendment intended to be proposed by him 
to the bill S. 601, 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 6, lines 24 and 25, strike ``the date of enactment 
     of this Act'' and insert ``December 31, 2016''.
                                 ______
                                 
  SA 857. Mr. LEVIN (for himself, Mr. Schumer, Ms. Baldwin, and Ms. 
Stabenow) submitted an amendment intended to be proposed by him to the 
bill S. 601, 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 71, after line 22, insert the following:

     SEC. 2024. OPERATION AND MAINTENANCE OF GREAT LAKES PROJECTS.

       (a) Findings.--Congress finds that--
       (1) the Great Lakes Navigation System is a unique resource 
     that supports waterborne commerce critical to the national 
     economy; and
       (2) in managing the Great Lakes Navigation System, the 
     Secretary, acting through the Chief of Engineers, should 
     recognize--
       (A) the connectivity and interrelationships among the 
     projects; and
       (B) the factors that threaten safe navigation conditions 
     throughout the Great Lakes Navigation System, including lake 
     level fluctuations and shoaling caused by major storm events.
       (b) Definition of Great Lakes Navigation System.--In this 
     section, the term ``Great Lakes Navigation System'' has the 
     meaning given the term in section 210(c) of the Water 
     Resources Development Act of 1986 (as added by section 
     8004(a)).
       (c) Management of the Great Lakes Navigation System.--
       (1) In general.--To sustain the most effective and 
     efficient operation and maintenance of the Great Lakes 
     Navigation System, the Secretary, acting through the Chief of 
     Engineers, shall manage and allocate funding for all of the 
     individually authorized commercial navigation projects in the 
     Great Lakes Navigation System as components of a single, 
     comprehensive system, recognizing the interdependence of the 
     projects.
       (2) Cargo measurements.--Cargo measurements for the purpose 
     of prioritizing annual operations and maintenance budget 
     resources for the Great Lakes Navigation System, and for any 
     of the component projects of the System, shall aggregate the 
     tonnage of all components of the System.

                          ____________________