[Congressional Record Volume 159, Number 65 (Thursday, May 9, 2013)]
[Senate]
[Pages S3345-S3351]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 858. Mr. COBURN (for himself and 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. 5____. LAND CONVEYANCE AT OPTIMA LAKE, TEXAS COUNTY, 
                   OKLAHOMA.

         (a) Definitions.--In this section:
         (1) Fair market value.--The term ``fair market value'' 
     means the amount for which a willing buyer would purchase and 
     a willing seller would sell a parcel of land, as determined 
     by a qualified, independent land appraiser.
         (2) Previous owner of land.--The term ``previous owner of 
     land'' means a person (including a corporation) that 
     conveyed, or a direct descendant of an individual who 
     conveyed, land to the Corps of Engineers for use in the 
     Optima Lake project in Texas County, Oklahoma.
         (b) Deauthorization of Project.--The Corps of Engineers 
     project relating to Optima Lake in Texas County, Oklahoma is 
     deauthorized, including any operation, maintenance, or other 
     activities relating to the project that are ongoing as of the 
     date of enactment of this Act.
         (c) Conveyances.--
         (1) In general.--The Secretary shall convey all right, 
     title, and interest of the United States in and to the land 
     acquired by the United States for the Optima Lake project in 
     Texas County, Oklahoma in accordance with this subsection.
         (2) First purchase options.--
         (A) State of oklahoma.--The Secretary shall give the 
     State of Oklahoma through an Act passed by the legislature of 
     that State and signed by the Governor of that State the first 
     option to purchase the land described in paragraph (1).
         (B) Previous owners of land.--
         (i) In general.--If the State of Oklahoma has not acted 
     to purchase the land by the date that is 1 year after the 
     date of enactment of this Act, the Secretary shall give a 
     previous owner of land the option to purchase the land 
     described in paragraph (1).
         (ii) Application.--

         (I) In general.--Not later than 180 days after the 
     official date of notice to the previous owner of land under 
     paragraph (5), a previous owner of land who desires to 
     purchase the land described in paragraph (1) that was owned 
     by that previous owner of land, or by the individual from 
     whom the previous owner of land is descended, shall file an 
     application to purchase the land with the Secretary.
         (II) First to file has first option.--If more than 1 
     application is filed to purchase a parcel of land described 
     in paragraph (1), the first option to purchase the parcel of 
     land shall be determined based on the order in which 
     applications for the parcel of land were filed.

         (iii) Identification of previous owners of land.--If the 
     State of Oklahoma has failed to purchase the land within the 
     period described in clause (i), the Secretary shall, not 
     later than 90 days after that date, identify each previous 
     owner of the land described in paragraph (1).
         (iv) Consideration.--Consideration for land conveyed 
     under this section shall be an amount equal to the fair 
     market value of the land.
         (3) Disposal.--Any land described in paragraph (1) that 
     is not purchased under paragraph (2) within the applicable 
     time period shall be disposed of in accordance with 
     applicable Federal law.
         (4) Extinguishment of easements.--All flowage easements 
     acquired by the United States for use in the Optima Lake 
     project in Texas County, Oklahoma, are extinguished.
         (5) Notice.--
         (A) In general.--If the State of Oklahoma has failed to 
     purchase the land within the period described in paragraph 
     (2)(B)(i), the Secretary shall notify of the conveyance under 
     this section--
         (i) by United States mail, each person identified as a 
     previous owner of land under paragraph (2)(B)(iii) by not 
     later than 90 days after the date of identification; and
         (ii) by publication in the Federal Register, the general 
     public by not later than 90 days after the date that is 1 
     year after the date of enactment of this Act.
         (B) Contents of notice.--Notice under this subsection 
     shall include--
         (i) a copy of this section;
         (ii) information sufficient to separately identify each 
     parcel of land subject to this section; and
         (iii) specification of the fair market value of each 
     parcel of land subject to this section.
         (C) Official date of notice.--The official date of notice 
     under this section shall be the later of--
         (i) the date on which actual notice is mailed; or
         (ii) the date of publication of the notice in the Federal 
     Register.
         (d) Flood Control Gates.--Prior to the conveyance of any 
     land under this section, the Secretary shall disable or 
     remove, whichever option is most cost-effective, any flood 
     control gate on the dam constructed by the Corps of Engineers 
     in carrying out the Optima Lake project.
         (e) Restriction.--The Secretary shall carry out this 
     section, including all land conveyances under this section, 
     not later than 3 years after the date of enactment of this 
     Act.
         (f) Effect of Act.--Nothing in this section affects the 
     jurisdiction of the State of Oklahoma (including localities) 
     over any existing road or rights-of-way on the land described 
     in subsection (c)(1).
         (g) Offset.--An amount that equals the amount necessary 
     to offset, in the aggregate, any net increase in spending and 
     foregone revenues resulting from the implementation of this 
     section shall be derived from the proceeds of the sale of the 
     land described in subsection (c)(1).
                                 ______
                                 
  SA 859. Mr. DURBIN (for himself, Mr. Blunt, Mr. Pryor, Mrs. 
McCaskill, Mr. Boozman, Mr. Kirk, Mr. Cochran, Mr. Harkin, Ms. 
Landrieu, and Mr. Wicker) 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. 5_____. GREATER MISSISSIPPI RIVER BASIN SEVERE FLOODING 
                   AND DROUGHT MANAGEMENT STUDY.

       (a) Definitions.--In this section:
       (1) Greater mississippi river basin.--The term ``greater 
     Mississippi River Basin'' means the area covered by 
     hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the 
     United States Geological Survey as of the date of enactment 
     of this Act.
       (2) Lower mississippi river.--The term ``lower Mississippi 
     River'' means the portion of the Mississippi River that 
     begins at the confluence of the Ohio River and flows to the 
     Gulf of Mexico.
       (3) Middle mississippi river.--The term ``middle 
     Mississippi River'' means the portion of the Mississippi 
     River that begins at the confluence of the Missouri River and 
     flows to the lower Mississippi River.
       (4) Severe flooding and drought.--The term ``severe 
     flooding and drought'' means severe weather events that 
     threaten personal safety, property, and navigation on the 
     inland waterways of the United States.
       (b) In General.--The Secretary shall carry out a study of 
     the greater Mississippi River Basin--
       (1) to improve the coordinated and comprehensive management 
     of water resource

[[Page S3346]]

     projects in the greater Mississippi River Basin relating to 
     severe flooding and drought conditions; and
       (2) to evaluate the feasibility of any modifications to 
     those water resource projects and develop new water resource 
     projects to improve the reliability of navigation and more 
     effectively reduce flood risk.
       (c) Contents.--The study shall--
       (1) identify any Federal actions necessary to prevent and 
     mitigate the impacts of severe flooding and drought, 
     including changes to authorized channel dimensions, 
     operational procedures of locks and dams, and reservoir 
     management within the Mississippi River Basin;
       (2) evaluate the effect on navigation and flood risk 
     management to the Mississippi River of all upstream rivers 
     and tributaries, especially the confluence of the Illinois 
     River, Missouri River, Arkansas River, White River, and Ohio 
     River;
       (3) identify and make recommendations to remedy challenges 
     to the Corps of Engineers presented by severe flooding and 
     drought, including river access, in carrying out its mission 
     to maintain safe, reliable navigation; and
       (4) identify and locate natural or other potential 
     impediments to maintaining navigation on the middle and lower 
     Mississippi River during periods of low water.
       (d) Consultation and Use of Existing Data.--In carrying out 
     the study, the Secretary shall--
       (1) consult with appropriate committees of Congress, 
     Federal, State, tribal, and local agencies, environmental 
     interests, river navigation industry representatives, other 
     shipping and business interests, organized labor, and 
     nongovernmental organizations;
       (2) to the maximum extent practicable, use data in 
     existence as of the date of enactment of this Act; and
       (3) incorporate lessons learned and best practices 
     developed as a result of past severe flooding and drought 
     events, including major floods and the successful effort to 
     maintain navigation during the near historic low water levels 
     on the Mississippi River during the winter of 2012-2013.
       (e) Cost-sharing.--The Federal share of the cost of 
     carrying out the study under this section shall be 100 
     percent.
       (f) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study carried out under this section.
                                 ______
                                 
  SA 860. 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 149, strike lines 13 through 16 and insert the 
     following:

     Section 214 of the Water Resources Development Act of 2000 
     (Public Law 106-541; 33 U.S.C. 2201 note) is amended--
       (1) in subsection (a)--
       (A) by inserting ``or public utility'' after ``public 
     entity''; and
       (B) by inserting ``or utility'' after ``that entity''; and
       (2) by striking subsections (d) and (e) and inserting the 
     following:
                                 ______
                                 
  SA 861. Mr. CARDIN 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 121, strike lines 1 through 3, and insert the 
     following:

       ``(II) conflict with the ability of a cooperating agency to 
     carry out applicable Federal laws (including regulations).

                                 ______
                                 
  SA 862. Mr. HOEVEN (for himself, Mr. Thune, Ms. Heitkamp, and Mr. 
Johnson of South Dakota) 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 190, after line 23, add the following:

     SEC. 2060. RESTRICTION ON CHARGES FOR CERTAIN WATER STORAGE.

       Notwithstanding section 6 of the Act of December 22, 1944 
     (33 U.S.C. 708) and section 301 of the Water Supply Act of 
     1958 (43 U.S.C. 390b), no fee for water storage shall be 
     charged under a contract for water storage if the contract is 
     for water storage stored on the Missouri River.
                                 ______
                                 
  SA 863. Mr. HOEVEN (for himself, Mr. Thune, Ms. Heitkamp, and Mr. 
Johnson of South Dakota) 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 190, after line 23, add the following:

     SEC. 2060. RESTRICTION ON CHARGES FOR CERTAIN SURPLUS WATER.

       Notwithstanding section 6 of the Act of December 22, 1944 
     (33 U.S.C. 708) and section 301 of the Water Supply Act of 
     1958 (43 U.S.C. 390b), no fee for surplus water shall be 
     charged under a contract for surplus water if the contract is 
     for surplus water stored on the Missouri River.
                                 ______
                                 
  SA 864. Mrs. SHAHEEN (for herself and Mr. Flake) 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 167, strike line 19, and insert the following:

     element of the project during that period.
       ``(D) Availability of funds.--For each fiscal year, 5 
     percent of the funds appropriated to the Chief of Engineers 
     for general expenses shall not be obligated until the date on 
     which the list under paragraph (1) is submitted.''; and
                                 ______
                                 
  SA 865. Mrs. SHAHEEN 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 301, strike lines 19 through 22 and insert the 
     following:

     (33 U.S.C. 2211(b)) is amended by adding at the end the 
     following:
                                 ______
                                 
  SA 866. Mr. MERKLEY (for himself 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:

       At the end of title X, add the following:

     SEC. 100__. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED 
                   GOODS.

       (a) In General.--Except as provided in subsection (b), none 
     of the amounts made available under this Act may be used for 
     the construction, alteration, maintenance, or repair of a 
     project eligible for assistance under this title unless all 
     of the iron, steel, and manufactured goods used in the 
     project are produced in the United States.
       (b) Exception.--Subsection (a) shall not apply in any case 
     or category of cases in which the Secretary finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron, steel, and the relevant manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities and of a satisfactory 
     quality; or
       (3) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       (c) Public Notice.--If the Secretary determines that it is 
     necessary to waive the application of subsection (a) based on 
     a finding under subsection (b), the Secretary shall publish 
     in the Federal Register a detailed written justification as 
     to why the provision is being waived.
       (d) International Agreements.--This section shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
                                 ______
                                 
  SA 867. 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 XI, add the following:

[[Page S3347]]

     SEC. 11004. AUTHORITY TO ACCEPT AND EXPEND NON-FEDERAL 
                   AMOUNTS.

       The Secretary is authorized to accept and expend amounts 
     provided by non-Federal interests for the purpose of 
     repairing, restoring, or replacing water resources projects 
     that have been damaged or destroyed as a result of a major 
     disaster or other emergency if the Secretary determines that 
     the acceptance and expenditure of those amounts is in the 
     public interest.
                                 ______
                                 
  SA 868. Mr. BARRASSO (for himself, Mr. Sessions, Mr. Vitter, Mr. 
Crapo, Mrs. Fischer, Mr. Wicker, and Mr. Johanns) 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 452, between lines 14 and 15, insert the following:

     SEC. 2055. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN 
                   WATER ACT.

       (a) In General.--Neither the Secretary of the Army nor the 
     Administrator of the Environmental Protection Agency shall--
       (1) finalize the proposed guidance described in the notice 
     of availability and request for comments entitled ``EPA and 
     Army Corps of Engineers Guidance Regarding Identification of 
     Waters Protected by the Clean Water Act'' (EPA-HQ-OW-2011-
     0409) (76 Fed. Reg. 24479 (May 2, 2011)); or
       (2) use the guidance described in paragraph (1), or any 
     substantially similar guidance, as the basis for any decision 
     regarding the scope of the Federal Water Pollution Control 
     Act (33 U.S.C. 1251 et seq.) or any rulemaking.
       (b) Rules.--The use of the guidance described in subsection 
     (a)(1), or any substantially similar guidance, as the basis 
     for any rule shall be grounds for vacation of the rule.
                                 ______
                                 
  SA 869. Mr. MERKLEY (for himself 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:

       At the end of title X, add the following:

     SEC. 100__. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED 
                   GOODS.

       (a) In General.--Except as provided in subsection (b), none 
     of the amounts made available under this Act may be used for 
     the construction, alteration, maintenance, or repair of a 
     project eligible for assistance under this title unless all 
     of the iron, steel, and manufactured goods used in the 
     project are produced in the United States.
       (b) Exception.--Subsection (a) shall not apply in any case 
     or category of cases in which the Secretary finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron, steel, and the relevant manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities and of a satisfactory 
     quality; or
       (3) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall project by more than 25 percent.
       (c) Public Notice.--If the Secretary determines that it is 
     necessary to waive the application of subsection (a) based on 
     a finding under subsection (b), the Secretary shall publish 
     in the Federal Register a detailed written justification as 
     to why the provision is being waived.
       (d) International Agreements.--This section shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
                                 ______
                                 
  SA 870. Mr. WYDEN (for himself and Mr. Merkley) 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 299, strike line 9 and all that follows 
     through page 301, line 16, and insert the following:
       ``(D) Low-use port.--The term `low-use port' means a port 
     at which not more than 1,000,000 tons of cargo are 
     transported each calendar year.
       ``(E) Moderate-use port.--The term `moderate-use port' 
     means a port at which more than 1,000,000, but fewer than 
     10,000,000, tons of cargo are transported each calendar year.
       ``(2) Priority.--Of the amounts made available under this 
     section to carry out projects described in subsection (a)(2) 
     that are in excess of the amounts made available to carry out 
     those projects in fiscal year 2012, the Secretary of the 
     Army, acting through the Chief of Engineers, shall give 
     priority to those projects in the following order:
       ``(A)(i) In any fiscal year in which all projects subject 
     to the harbor maintenance fee under section 24.24 of title 
     19, Code of Federal Regulations (or a successor regulation) 
     are not maintained to their constructed width and depth, the 
     Secretary shall prioritize amounts made available under this 
     section for those projects that are high-use deep draft and 
     are a priority for navigation in the Great Lakes Navigation 
     System.
       ``(ii) Of the amounts made available under clause (i)--
       ``(I) 80 percent shall be used for projects that are high-
     use deep draft; and
       ``(II) 20 percent shall be used for projects that are a 
     priority for navigation in the Great Lakes Navigation System.
       ``(B) In any fiscal year in which all projects identified 
     as high-use deep draft are maintained to their constructed 
     width and depth, the Secretary shall--
       ``(i) equally divide among each of the districts of the 
     Corps of Engineers in which eligible projects are located 10 
     percent of remaining amounts made available under this 
     section for moderate-use and low-use port projects--

       ``(I) that have been maintained at less than their 
     constructed width and depth during the preceding 8 fiscal 
     years; and
       ``(II) for which significant State and local investments in 
     infrastructure have been made at those projects during the 
     preceding 8 fiscal years; and

       ``(ii) prioritize any remaining amounts made available 
     under this section for those projects that are not maintained 
     to the minimum width and depth necessary to provide 
     sufficient clearance for fully loaded commercial vessels 
     using those projects to maneuver safely.
       ``(3) Administration.--For purposes of this subsection, 
     State and local investments in infrastructure shall include 
     infrastructure investments made using amounts made available 
     for activities under section 105(a)(9) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5305(a)(9)).
       ``(4) Exceptions.--The Secretary may prioritize a project 
     not identified in paragraph (2) if the Secretary determines 
     that funding for the project is necessary to address--
       ``(A) hazardous navigation conditions; or
       ``(B) impacts of natural disasters, including storms and 
     droughts.
       ``(5) Reports to congress.--Not later than September 30, 
     2013, and annually thereafter, the Secretary shall submit to 
     Congress a report that describes, with respect to the 
     preceding fiscal year--
       ``(A) the amount of funds used to maintain high-use deep 
     draft projects and projects at moderate-use ports and low-use 
     ports to the constructed depth and width of the projects;
       ``(B) the respective percentage of total funds provided 
     under this section used for high use deep draft projects and 
     projects at moderate-use ports and low-use ports;
       ``(C) the remaining amount of funds made available to carry 
     out this section, if any; and
       ``(D) any additional amounts needed to maintain the high-
     use deep draft projects and projects at moderate-use ports 
     and low-use ports to the constructed depth and width of the 
     projects.''.
                                 ______
                                 
  SA 871. 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:

       On page 316, line 20, strike ``drinking water'' and insert 
     ``water supply''.
       On page 322, line 18, after ``flood control'' insert ``, 
     water supply,''.
       On page 322, lines 23 and 24, strike ``or protect natural 
     resources'' and insert ``protect natural resources, or 
     accomplish other water resource purposes''.
                                 ______
                                 
  SA 872. 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 
     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--
       (1) 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--

[[Page S3348]]

       (A) a detailed description of the activities carried out 
     relating to the water supply aspects of the project;
       (B) a clear explanation of why and how those activities 
     relate to the water supply aspects of the project; and
       (C) a detailed accounting of the cost of carrying out those 
     activities; and
       (2) 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 consistency in the 
     calculation of the appropriate share of joint project costs 
     allocable to the water supply purpose.
       (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 
     subsection (a)(2) 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 with non-Federal interests 
     at Corps of Engineers projects the estimated amount of the 
     operations and 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 873. 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; 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''.
                                 ______
                                 
  SA 874. Mr. LEVIN (for himself, Mr. Schumer, Ms. Baldwin, 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:

       Beginning on page 309, strike line 21 and all that follows 
     through page 310, line 4, and insert the following:

     the amount that is equal to 10 percent of the amounts made 
     available under section 210 to carry out projects described 
     in subsection (a)(2) of that section that are in excess of 
     the amounts made available to carry out those projects in 
     fiscal year 2012.
                                 ______
                                 
  SA 875. Ms. COLLINS (for herself, Mr. King, and Mrs. Shaheen) 
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, in 
     concurrence with the Administrator of the Environmental 
     Protection Agency, and shall remain open and available until 
     the earlier of--
       (1) the date on which the Site does not have any remaining 
     disposal capacity;
       (2) the date on which an environmental impact statement 
     designating an alternative dredged material disposal site for 
     southern Maine has been completed; or
       (3) the date that is 5 years after the date of enactment of 
     this Act.
       (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 876. Mr. THUNE (for himself and Mr. Johnson of South Dakota) 
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 234, between lines 16 and 17, insert the following:

     SEC. 5009. UPPER MISSOURI BASIN SHORELINE EROSION PREVENTION.

       (a) In General.--The Secretary may provide planning, 
     design, and construction assistance to not more than 3 
     federally-recognized Indian tribes in the Upper Missouri 
     River Basin to undertake measures to address shoreline 
     erosion that is jeopardizing existing infrastructure 
     resulting from operation of a reservoir constructed under the 
     Pick-Sloan Missouri River Basin Program (authorized by 
     section 9 of the Act of December 22, 1944 (commonly known as 
     the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 
     665)).
       (b) Federal Cost Share.--The Federal share of the costs of 
     carrying out this section shall be not less than 80 percent.
       (c) Conditions.--The Secretary may provide the assistance 
     described in subsection (a) only after--
       (1) consultation with the Department of the Interior; and
       (2) execution by the Indian tribe of a memorandum of 
     agreement with the Secretary that specifies that the tribe 
     shall--
       (A) be responsible for--
       (i) all operation and maintenance activities required to 
     ensure the integrity of the measures taken; and
       (ii) providing any required real estate interests in and to 
     the property on which such measures are to be taken; and
       (B) hold and save the United States free from damages 
     arising from planning, design, or construction assistance 
     provided under this section, except for damages due to the 
     fault or negligence of the United States or its contractors.
       (d) Authorization of Appropriations.--For each Indian tribe 
     eligible under this section, there is authorized to be 
     appropriated to carry out this section not more than 
     $30,000,000.
                                 ______
                                 
  SA 877. 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:

       At the end of title III, add the following:

     SEC. _____. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER 
                   PROJECTS.

       (a) Definitions.--In this section:
       (1) Apalachicola-Chattahoochee-Flint projects.--The term 
     ``Apalachicola-Chattahoochee-Flint projects'' means the 
     Federal water resources projects on the Apalachicola, 
     Chattahoochee, and Flint Rivers in the States of Alabama, 
     Florida, and Georgia authorized by section 2 of the Act of 
     March 2, 1945 (59 Stat. 17, chapter 19; 60 Stat. 635, chapter 
     595) and section 203 of the Flood Control Act of 1962 (76 
     Stat. 1182), including--
       (A) Buford Dam and Reservoir;
       (B) West Point Dam and Reservoir;
       (C) George W. Andrews Dam and Reservoir;
       (D) Walter F. George Dam and Reservoir; and
       (E) Jim Woodruff Dam and Reservoir.
       (2) Freshwater flows.--The term ``freshwater flows'' means 
     the quality, quantity, timing, and variability of freshwater 
     flows required--
       (A) to support and reestablish--
       (i) the physical, chemical, biological, and overall 
     ecological integrity of the components, functions, and 
     natural processes required for a thriving and resilient 
     Apalachicola River, Apalachicola River floodplain, and 
     Apalachicola Bay;
       (ii) commercial and recreational fisheries dependent on 
     freshwater flows into Apalachicola Bay and adjacent waters, 
     including the Gulf of Mexico; and
       (iii) thriving and diverse fish, wildlife, and plant 
     populations having species composition, diversity, 
     adaptability, and functional organization similar to those 
     found in the Apalachicola River ecosystem prior to 
     construction of the Apalachicola-Chattahoochee-Flint 
     projects;
       (B) to restore and recover species that are endangered, 
     threatened, or at risk; and
       (C) to prevent significantly harmful adverse impacts to the 
     Apalachicola River ecosystem.
       (b) Project Modification.--Notwithstanding any authorized 
     purpose of the Apalachicola-Chattahoochee-Flint projects, the 
     Secretary shall operate the Apalachicola-

[[Page S3349]]

     Chattahoochee-Flint projects in a manner that ensures the 
     maintenance of freshwater flows.
       (c) Revision of Water Control Manuals.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall complete the 
     ongoing revision of the water control manuals for the 
     Apalachicola-Chattahoochee-Flint projects and issue revised 
     water control manuals for those projects that ensure the 
     maintenance of freshwater flows.
       (2) Independent peer review of water control manuals.--
       (A) In general.--The Secretary shall enter into an 
     arrangement with the National Academy of Sciences under which 
     the National Academy of Sciences shall carry out an 
     independent peer review of each revised water control manual, 
     as required under section 2034 of the Water Resources 
     Development Act of 2007 (33 U.S.C. 2343).
       (B) Compliance.--Each independent peer review under this 
     paragraph shall comply with section 2034 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 2343).
       (3) Final approval.--Before a final water control manual 
     may be issued, the Secretary shall obtain written approval of 
     each water control manual developed under this subsection 
     from--
       (A) the Administrator of the Environmental Protection 
     Agency;
       (B) the Director of the United States Fish and Wildlife 
     Service;
       (C) the Director of the National Oceanic and Atmospheric 
     Administration; and
       (D) the Director of the United States Geological Survey.
       (d) Applicability of Other Federal and State Laws.--Except 
     as provided in subsection (b), nothing in this section 
     waives, limits, or otherwise affects the applicability of any 
     provision of Federal or State law that would otherwise apply 
     to the Apalachicola-Chattahoochee-Flint projects.
                                 ______
                                 
  SA 878. Mr. UDALL of New Mexico 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 227, after line 25, insert the following:

     SEC. 5005. RIO GRANDE DROUGHT MANAGEMENT PROGRAM.

       (a) In General.--The Secretary, in conjunction with the 
     Secretary of the Interior and the United States Section of 
     the International Boundary and Water Commission, shall 
     evaluate alternatives for operational changes and technically 
     feasible structural modifications to completed water 
     resources projects of the Corps of Engineers, the Bureau of 
     Reclamation, and the United States Section of the 
     International Boundary and Water Commission along the Rio 
     Grande River--
       (1) to minimize evaporation, seepage, and other losses; and
       (2) to maximize the amount of water available to water 
     users and the environment, including the support of recovery 
     efforts for threatened and endangered species, during periods 
     of drought disaster in significant areas of the Rio Grande 
     Basin, as designated by the Secretary of Agriculture.
       (b) Authorization.--The Secretary, the Secretary of the 
     Interior, and the United States Section of the International 
     Boundary and Water Commission may, after notification to 
     Congress and obtaining written consent from the appropriate 
     State water resource agencies and tribal governments in which 
     those completed projects are located, implement any 
     operational changes or structural modifications identified 
     under subsection (a).
       (c) Applicability.--
       (1) In general.--Nothing in this section alters, amends, 
     repeals, interprets, or modifies--
       (A) the Act entitled ``Giving the consent and approval of 
     Congress to the Rio Grande compact signed at Santa Fe, New 
     Mexico, on March 18, 1938'', approved May 31, 1939; or
       (B) the Treaty relating to the utilization of waters of the 
     Colorado and Tijuana Rivers and of the Rio Grande, and 
     supplementary protocol signed at Washington February 3, 1944 
     (59 Stat. 1219).
       (2) Effect on state laws.--Nothing in this section 
     supersedes any State law.
                                 ______
                                 
  SA 879. 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:

       On page 306, line 11, strike ``2,000,000'' and insert 
     ``1,850,000''.
                                 ______
                                 
  SA 880. Mr. CORNYN 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. 3___. EAST FORK OF TRINITY RIVER, TEXAS.

       The portion of the project for flood protection on the East 
     Fork of the Trinity River, Texas, authorized by section 203 
     of the Flood Control Act of 1962 (76 Stat. 1185), that 
     consists of the 2 levees identified as ``Kaufman County 
     Levees K5E and K5W'' shall no longer be authorized as a part 
     of the Federal project as of the date of enactment of this 
     Act.
                                 ______
                                 
  SA 881. Mr. CORNYN 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 2014, add at the end the following:
       (h) Exemption of Certain Federal Facilities.--This section 
     shall not apply to a Federal facility located in a State or 
     shared with a State if--
       (1) the State has enacted laws governing and is 
     implementing--
       (A) environmental flows standards; and
       (B) an environmental flow regime; and
       (2) the Governor of the State certifies to the Secretary 
     that it has met the requirements described in paragraph (1) 
     and identifies the facilities to be exempted from this 
     section.
                                 ______
                                 
  SA 882. Mr. CARPER (for himself, Mr. Casey, Mr. Coons, Mrs. 
Gillibrand, Mr. Lautenberg, Mr. Menendez, and Mr. Schumer) 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 190, after line 23, add the following:

     SEC. 20__. RIVER BASIN COMMISSIONS.

       Section 5019 of the Water Resources Development Act of 2007 
     (121 Stat. 1201) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Authorization to Allocate.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall allocate funds from the General Expenses account of the 
     civil works program of the Army Corps of Engineers to the 
     Susquehanna River Basin Commission, Delaware River Basin 
     Commission, and the Interstate Commission on the Potomac 
     River Basin to fulfill the equitable funding requirements of 
     the respective interstate compacts on an annual basis and in 
     amounts equal to the amount determined by Commission in 
     accordance with the respective interstate compact.
       ``(2) Limitation.--Not more than 1.5 percent of funds from 
     the General Expenses account of the civil works program of 
     the Army Corps of Engineers may be allocated in carrying out 
     paragraph (1) for any fiscal year.
       ``(3) Report.--For any fiscal year in which funds are not 
     allocated in accordance with paragraph (1), 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--
       ``(A) the reasoSec. ns why the Corps of Engineers chose not 
     to allocate funds in accordance with that paragraph; and
       ``(B) the impact of the decision not to allocate funds on 
     water supply allocation, water quality protection, regulatory 
     review and permitting, water conservation, watershed 
     planning, drought management, flood loss reduction, and 
     recreation in each area of jurisdiction of the respective 
     Commission.''.
                                 ______
                                 
  SA 883. Mr. REID (for Mr. Lautenberg (for himself, Mr. Menendez, and 
Mr. Schumer)) submitted an amendment intended to be proposed by Mr. 
Reid of NV 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__. USE OF FUNDS TO INCREASE FEDERAL SHARE FOR CERTAIN 
                   PROJECTS.

       Notwithstanding any other provision of law, the Secretary 
     may use funds made

[[Page S3350]]

     available under Public Law 113-2 (127 Stat. 4) to increase 
     the Federal share up to 100 percent of the costs required for 
     construction projects carried out by the Secretary under 
     Public Law 113-2 that are not considered ongoing 
     construction.
                                 ______
                                 
  SA 884. Ms. KLOBUCHAR (for herself and Mr. Franken) 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 appropriate place, insert the following:

     SEC. ____. UPPER MISSISSIPPI RIVER PROTECTION.

       (a) Definition of Upper St. Anthony Falls Lock and Dam.--In 
     this section, the term ``Upper St. Anthony Falls Lock and 
     Dam'' means the lock and dam located on Mississippi River 
     mile 853.9 in Minneapolis, Minnesota.
       (b) Economic Impact Study.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall submit 
     to Congress a report regarding the impact of closing the 
     Upper St. Anthony Falls Lock and Dam on the economic and 
     environmental well-being of the State of Minnesota.
       (c) Mandatory Closure.--Notwithstanding subsection (b) and 
     not later than 1 year after the date of enactment of this 
     Act, the Secretary shall close the Upper St. Anthony Falls 
     Lock and Dam if the Secretary determines that the annual 
     average tonnage moving through the Upper St. Anthony Falls 
     Lock and Dam for the preceding 5 years is not more than 
     1,500,000 tons.
       (d) Emergency Operations.--Nothing in this section prevents 
     the Secretary from carrying out emergency lock operations 
     necessary to mitigate flood damage.
                                 ______
                                 
  SA 885. Mr. COONS 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 303, strike lines 13 through 16, and insert the 
     following:
       ``(ii) State priority.--For each fiscal year, the operation 
     and maintenance activities described in subparagraph (A) may 
     be carried out in any State, with priority given to those 
     States--
                                 ______
                                 
  SA 886. Mr. COONS (for himself, Mr. Carper, Mr. Lautenberg, Mr. 
Schumer, Mr. Menendez, 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:

       At the end of title V, add the following:

     SEC. 50___. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF 
                   THE DELAWARE RIVER BASIN COMMISSION.

       (a) Findings.--The Senate finds that--
       (1) the Delaware River Basin is the longest undammed river 
     in the eastern United States, draining into portions of 
     Delaware, New York, and Pennsylvania (in this section 
     referred to as the ``4 basin States'') and providing drinking 
     water to 15 million people, including the populations of New 
     York City and Philadelphia;
       (2) over 8,500,000,000 gallons of water are withdrawn from 
     the Delaware River Basin each day;
       (3) in 1961, the Delaware River Basin Commission (in this 
     section referred to as the ``DRBC'') was formed to address 
     problems of drought, floods, and pollution by bringing the 
     Governors of the 4 basin States and the Federal Government 
     together to manage the water resources of the Delaware River 
     Basin by using the watershed boundary, not political 
     boundaries;
       (4) the formation of the DRBC was approved by Congress and 
     signed into law by President John F. Kennedy and the 4 basin 
     States, marking the first time that the Federal Government 
     and a group of States joined together as equal partners in a 
     river basin planning, development, and regulatory agency;
       (5) the DRBC serves Federal, State, and local interests by 
     providing comprehensive and proactive water resources 
     management for the 13,539 square mile Delaware River Basin 
     through programs that address water quality protection, water 
     supply allocation, flood loss reduction, drought management, 
     water conservation, permitting, watershed planning, and 
     recreation;
       (6) the DRBC has proven to be invaluable in preventing 
     water conflict and finding effective solutions to complicated 
     and critical water resource challenges;
       (7) after the multi year drought in the 1960s, the DRBC 
     facilitated a series of negotiations that resulted in an 
     agreement in the early 1980s to reduce water diversions to 
     upstream and downstream users, create a water conservation 
     program, and establish minimum flows to prevent saltwater 
     from reaching further up the Delaware river and degrading 
     freshwater supplies and ecosystem function;
       (8) this agreement assisted the 4 basin States through 
     numerous droughts without major water use changes or 
     restrictions, and has conserved billions of gallons of water;
       (9) the DRBC model of watershed management has proven to be 
     so successful that other countries are interested learning 
     from and replicating the DRBC model, and DRBC representatives 
     have been invited to share knowledge with and offer technical 
     assistance to Australia, Slovakia, Bulgaria, Sri Lanka, the 
     People's Republic of China, Indonesia, the United Kingdom, 
     South Korea, the Czech Republic, Hungary, Jordan, Portugal, 
     Sweden, Turkey, Uganda, Uruguay, India, and Japan;
       (10) the DRBC is funded by the 5 signatory parties to the 
     Delaware River Basin Compact (Public Law 87-328; 75 Stat. 
     688), project review fees, water use charges, and fines, as 
     well as Federal, State, and private grants;
       (11) the 100-year Delaware River Basin Compact stipulates 
     that the 5 signatory parties agree to support the annual 
     expense budget of the DRBC;
       (12) in 1988, the 5 members of the DRBC reached a tacit 
     agreement to apportion signatory party contributions to the 
     annual expense budget of the DRBC as follows: 12.5 percent 
     for Delaware, 17.5 percent for New York, 25 percent for New 
     Jersey, 25 percent for Pennsylvania, and 20 percent for the 
     Federal Government;
       (13) the Federal Government has provided funding to support 
     the 20 percent contribution to the annual expense budget of 
     the DRBC only 1 Federal fiscal year since 1996;
       (14) the Federal Government is responsible for contributing 
     $715,000 to the annual expense budget of the DRBC; and
       (15) the cumulative shortfall of the Federal Government 
     contribution to the annual expense budget of the DRBC from 
     October 1996 through the DRBC fiscal year ending on June 30, 
     2013, is $10,709,250.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that--
       (1) it is the responsibility of the Federal Government to 
     pay a 20 percent contribution to the annual expense budget of 
     the DRBC;
       (2) the mission of the DRBC, as established in the Delaware 
     River Basin Compact, is critical for local communities, 
     business, and industry, States, and the region surrounding 
     the Delaware River Basin, and for Federal interests such as 
     emergency response, interstate commerce, and ecosystem 
     management; and
       (3) the President and Congress should provide Federal 
     funding to the DRBC.
                                 ______
                                 
  SA 887. Ms. LANDRIEU (for herself, Mr. Vitter, and Mr. Schumer) 
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 II, add the following:

     SEC. 20__. DELAY IN IMPLEMENTATION OF SECTION 100207 OF THE 
                   BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF 
                   2012.

       Notwithstanding any other provision of law, section 1308(h) 
     of the National Flood Insurance Act of 1968, as added by 
     section 100207 of the Biggert-Waters Flood Insurance Reform 
     Act of 2012 (Public Law 112-141; 126 Stat. 919), shall have 
     no force or effect until the date that is 5 years after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 888. Ms. LANDRIEU (for herself, Mr. Vitter, Mr. Schumer, and Mr. 
Lautenberg) 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 II, add the following:

     SEC. 20__. DELAY IN IMPLEMENTATION OF SECTION 100207 OF THE 
                   BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF 
                   2012.

       Notwithstanding any other provision of law, section 1308(h) 
     of the National Flood Insurance Act of 1968, as added by 
     section 100207 of the Biggert-Waters Flood Insurance Reform 
     Act of 2012 (Public Law 112-141; 126 Stat. 919), shall have 
     no force or effect until the date that is 5 years after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 889. Mr. SANDERS (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill S. 601, to provide 
for the

[[Page S3351]]

conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RESTORATION OF CERTAIN PROPERTIES IMPACTED BY 
                   NATURAL DISASTERS.

       For all major disasters declared under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act on or 
     after August 27, 2011, the Corps of Engineers and the Federal 
     Emergency Management Agency shall consider eligible the costs 
     necessary to comply with any State stream or river alteration 
     permit required for the repair or replacement of otherwise 
     eligible damaged infrastructure, such as culverts and 
     bridges, including any design standards required to be met as 
     a condition of permit issuance.

                          ____________________