[Congressional Record Volume 159, Number 66 (Monday, May 13, 2013)]
[Senate]
[Pages S3375-S3380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 890. 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.--
       (1) In general.--Nothing in this section or an amendment 
     made by this section constitutes an authorization to 
     construct a project or program associated with a storm surge 
     barrier across the Lake Pontchartrain land bridge (including 
     Chef Menteur Pass and the Rigolets) that would result in 
     unmitigated induced flooding in coastal communities within 
     the State of Mississippi.
       (2) Required consultation.--Any study to advance a project 
     described in paragraph (1) that is conducted under the 
     General Investigations Account of the Corps of Engineers 
     shall include consultation and approval of the Governors of 
     the States of Louisiana and Mississippi.
                                 ______
                                 
  SA 891. Mr. JOHNSON of South Dakota (for himself and Mr. Crapo) 
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--NATIONAL FLOOD INSURANCE PROGRAM

     SEC. 12001. STUDIES 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

[[Page S3376]]

     available voluntary community-based flood insurance policies 
     through the National Flood Insurance Program.
       (2) Considerations.--The study conducted under paragraph 
     (1) shall--
       (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.

     SEC. 12002. AMENDMENTS TO NATIONAL FLOOD INSURANCE ACT OF 
                   1968.

       (a) Adequate Progress on Construction of Flood Protection 
     Systems.--Section 1307(e) of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4014(e)) is amended by inserting after the 
     second sentence the following: ``Notwithstanding any other 
     provision of law, in determining whether a community has made 
     adequate progress on the construction, reconstruction, or 
     improvement of a flood protection system, the Administrator 
     shall not consider the level of Federal funding of or 
     participation in the construction, reconstruction, or 
     improvement.''.
       (b) Communities Restoring Disaccredited Flood Protection 
     Systems.--Section 1307(f) of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4014(f)) is amended in the first sentence 
     by striking ``no longer does so.'' and inserting the 
     following: ``no longer does so, and shall apply without 
     regard to the level of Federal funding of or participation in 
     the construction, reconstruction, or improvement of the flood 
     protection system.''

     SEC. 12003. AFFORDABILITY STUDY.

       Section 100236 of the Biggert-Waters Flood Insurance Reform 
     Act of 2012 (Public Law 112-141; 126 Stat. 957) is amended--
       (1) in subsection (c), by striking ``Not'' and inserting 
     the following: ``Subject to subsection (e), not'';
       (2) in subsection (d)--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) National flood insurance fund.--Notwithstanding''; 
     and
       (B) by adding at the end the following:
       ``(2) Other funding sources.--To carry out this section, in 
     addition to the amount made available under paragraph (1), 
     the Administrator may use any other amounts that are 
     available to the Administrator.''; and
       (3) by adding at the end the following:
       ``(e) Alternative.--If the Administrator determines that 
     the report required under subsection (c) cannot be submitted 
     by the date specified under subsection (c)--
       ``(1) the Administrator shall notify, not later than 60 
     days after the date of enactment of this subsection, the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives of an alternative method of gathering the 
     information required under this section;
       ``(2) the Administrator shall submit, not later than 180 
     days after the Administrator submits the notification 
     required under paragraph (1), to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives the 
     information gathered using the alternative method described 
     in paragraph (1); and
       ``(3) upon the submission of information required under 
     paragraph (2), the requirement under subsection (c) shall be 
     deemed satisfied.''.
                                 ______
                                 
  SA 892. Mr. RUBIO 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 appropriate place, insert the following:

     SEC. ___. TAXPAYER NONDISCRIMINATION & PROTECTION ACT OF 
                   2013.

       (a) Short Title.--This section may be cited as the 
     ``Taxpayer Nondiscrimination & Protection Act of 2013''.
       (b) Misconduct Against Taxpayers by Internal Revenue 
     Service Employees.--
       (1) Criminal liability.--Chapter 13 of title 18, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 250. Misconduct against taxpayers by Internal Revenue 
       Service employees

       ``Whoever being an employee of the Internal Revenue 
     Service, engages, during the performance of that employee's 
     official duties, in an act or omission described in section 
     1203(b) of the Internal Revenue Service Restructuring and 
     Reform Act of 1998 shall be fined under this title or 
     imprisoned not more than 5 years, or both.''.
       (2) Clarification of acts and omission constituting 
     misconduct.--For purposes of section 1203 of the Internal 
     Revenue Service Restructuring and Reform Act of 1998 and 
     section 250 of title 18, United States Code (as added by this 
     section) the protections and guarantees afforded under the 
     First Amendment of the Constitution of the United States to 
     political speech and political expression shall not fail to 
     be treated as rights under the Constitution of the United 
     States referred to in section 1203(b) of the Internal Revenue 
     Service Restructuring and Reform Act of 1998.
       (3) Clerical amendment.--The table of sections for chapter 
     13 of title 18, United States Code, is amended by adding 
     after the item relating to section 249 the following:

     ``250. Discriminatory misconduct against taxpayers by Federal 
       officers and employees.''.

                                 ______
                                 
  SA 893. Mr. LEVIN (for himself 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 297, between lines 19 and 20, insert the following:
       (a) Policy.--It is the policy of the United States that the 
     primary use of the Harbor Maintenance Trust Fund is for 
     maintaining the constructed widths and depths of the 
     commercial ports and harbors of the United States, and those 
     functions should be given first consideration in the 
     budgeting of Harbor Maintenance Trust Fund allocations.
                                 ______
                                 
  SA 894. 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 II, insert the following:

     SEC. 2_____. 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

[[Page S3377]]

     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 895. 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 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.
       ``(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 896. Mr. WYDEN (for himself and Ms. Cantwell) 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 VIII, add the following:

     SEC. 8____. HARBOR MAINTENANCE TRUST FUND STUDY.

       (a) Definitions.--In this section:
       (1) 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.
       (2) 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.
       (b) Study.--Not later than 270 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall carry out a study and submit to Congress a 
     report that--
       (1) evaluates the effectiveness of activities funded by the 
     Harbor Maintenance Trust Fund in maximizing economic growth 
     and job creation in the communities surrounding low- and 
     moderate-use ports; and
       (2) includes recommendations relating to the use of amounts 
     in the Harbor Maintenance Trust Fund to increase the 
     competitiveness of United States ports relative to Canadian 
     and Mexican ports.
                                 ______
                                 
  SA 897. 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 165, strike line 10 and all that follows 
     through page 166, line 8, and insert the following:

     SEC. 2048. CORROSION PREVENTION.

       (a) Guidance and Procedures.--The Secretary shall develop 
     guidance and procedures for the certification of qualified 
     contractors and personnel for--
       (1) the application and inspection of protective coatings;
       (2) the removal of hazardous protective coatings; and
       (3) the installation, testing, and inspection of cathodic 
     protection systems.
       (b) Requirements.--Except as provided in subsection (c), 
     the Secretary shall use certified contractors and personnel 
     for--
       (1) the application and inspection of protective coatings 
     for complex work involving steel and cementitious structures, 
     including structures that will be exposed in immersion;
       (2) the removal of hazardous coatings or other hazardous 
     materials that are present in sufficient concentrations to 
     create an occupational or environmental hazard;
       (3) the installation, testing, and inspection of cathodic 
     protection systems; and
       (4) any other activities the Secretary determines to be 
     appropriate.
       (c) Exception.--The Secretary may approve exceptions to the 
     use of certified contractors and personnel under subsection 
     (b) only after public notice, with the opportunity for 
     comment, of any such proposal.
                                 ______
                                 
  SA 898. 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 Secretary, in concurrence with the 
     Administrator of the Environmental Protection Agency, is 
     authorized to reopen 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'').
       (b) Deadline.--The Site may remain open under subsection 
     (a) 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.
       (c) 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 899. Mrs. BOXER (for herself and Mr. Vitter) 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 214, strike lines 15 through 20 and insert the 
     following:
       ``(d) Interim Adoption of Comprehensive Master Plan.--Prior 
     to completion of the comprehensive plan described under 
     subsection (a), the Secretary shall adopt the plan of the 
     State of Louisiana entitled `Louisiana's Comprehensive Master 
     Plan for a Sustainable Coast' in effect on the
       On page 216, between lines 3 and 4, insert the following:

[[Page S3378]]

       (c) Effect.--
       (1) In general.--Nothing in this section or an amendment 
     made by this section authorizes the construction of a project 
     or program associated with a storm surge barrier across the 
     Lake Pontchartrain land bridge (including Chef Menteur Pass 
     and the Rigolets) that would result in unmitigated induced 
     flooding in coastal communities within the State of 
     Mississippi.
       (2) Required consultation.--Any study to advance a project 
     described in paragraph (1) that is conducted using funds from 
     the General Investigations Account of the Corps of Engineers 
     shall include consultation and approval of the Governors of 
     the States of Louisiana and Mississippi.
       On page 222, line 14, strike ``2018'' and insert ``2023''.
       On page 239, strike lines 14 through 19 and insert the 
     following:

     for the period beginning with fiscal year 2001 $450,000,000, 
     which shall--
       ``(1) be made available to the States and locales described 
     in subsection (b) consistent with program priorities 
     determined by the Secretary in accordance with criteria 
     developed by the Secretary to establish the program 
     priorities; and
       ``(2) remain available until expended.''.
       On page 293, line 2, strike ``amount'' and insert ``amounts 
     remaining after the date of enactment of this Act''.
       On page 347, line 12, strike ``or ecosystem restoration'' 
     and insert ``ecosystem restoration, or navigation''.
                                 ______
                                 
  SA 900. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 310, between lines 16 and 17, insert the following:
       (d) Harbor Maintenance Trust Fund Study.--
       (1) In general.--Subject to the availability of funds, the 
     Comptroller General of the United States shall carry out a 
     study and submit to Congress a report that evaluates the 
     economic impact of carrying out the amendments made by this 
     section, including any impacts on--
       (A) the stability and long-term financial health of the 
     Harbor Maintenance Trust Fund;
       (B) reimbursements made to shippers;
       (C) port security; and
       (D) infrastructure.
       (2) Administration.--Notwithstanding any other provision of 
     law, the amendments made by this section shall not take 
     effect until the date on which the report under paragraph (1) 
     is submitted to Congress.
                                 ______
                                 
  SA 901. Mr. PORTMAN 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 6, strike line 24 and all that follows 
     through page 7, line 3, and insert the following:
       (B)(i) after November 8, 2007, but prior to the date of 
     enactment of this Act, the Assistant Secretary of the Army 
     for Civil Works has submitted to Congress a recommendation to 
     authorization construction of the project; or
       (ii) during the period beginning on November 9, 2007, and 
     ending on December 31, 2015, the Secretary has received the 
     full amount of the applicable non-Federal share of the cost 
     of the project.
                                 ______
                                 
  SA 902. 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 V, add the following:

     SEC. 5___. REPORTS ON WATER SHARING.

       (a) In General.--The Secretary of State shall submit to 
     Congress a report--
       (1) not later than 45 days after the date of enactment of 
     this Act, and quarterly thereafter, describing efforts by 
     Mexico to meet the treaty obligations of Mexico to deliver 
     water to the Rio Grande, in accordance with the treaty 
     between the United States and Mexico entitled ``Utilization 
     of Waters of the Colorado and Tijuana Rivers and of the Rio 
     Grande'' (done at Washington, February 3, 1944); and
       (2) not later than 1 year after the date of enactment of 
     this Act, and annually thereafter, describing the benefits to 
     the United States of the ``Interim International Cooperative 
     Measures in the Colorado River Basin through 2017 and 
     Extension of Minute 318 Cooperative Measures to Address the 
     Continued Effects of the April 2010 Earthquake in the 
     Mexicali Valley, Baja California'' (done at Coronado, 
     California, November 20, 2012 (commonly referred to as 
     ``Minute Number 319'')).
       (b) Action by Secretary of State.--The Secretary of State 
     shall not extend Minute Number 319 if the Secretary fails to 
     comply with the requirements of this section.
                                 ______
                                 
  SA 903. Ms. MURKOWSKI (for herself and Mr. Begich) 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 243, between lines 18 and 19, insert the following:

     SEC. 5017. DEEP DRAFT PORT DEVELOPMENT PARTNERSHIPS.

       (a) In General.--The Secretary may provide technical 
     assistance, including planning, design, and construction 
     assistance, to non-Federal public entities, including Indian 
     tribes (as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b)), 
     for the development, construction, operation, and maintenance 
     of channels, harbors, and related infrastructure associated 
     with deep draft ports.
       (b) Acceptance of Funds.--The Secretary is authorized to 
     accept and expend funds provided by non-Federal public 
     entities, including Indian tribes (as defined in section 4 of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b)), to carry out the activities described in 
     subsection (a).
       (c) Limitation.--No assistance may be provided under this 
     section until after the date on which the entity to which 
     that assistance is to be provided enters into a written 
     agreement with the Secretary that includes such terms and 
     conditions as the Secretary determines to be appropriate and 
     in the public interest.
                                 ______
                                 
  SA 904. Ms. MURKOWSKI (for herself and Mr. Begich) 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 III, add the following:

     SEC. 3010. SEWARD WATERFRONT, SEWARD, ALASKA.

       (a) In General.--The parcel of land included in the Seward 
     Harbor, Alaska navigation project identified as Tract H, 
     Seward Original Townsite, Waterfront Park Replat, Plat No 
     2012-4, Seward Recording District, shall not be subject to 
     the navigation servitude (as of the date of enactment of this 
     Act).
       (b) Entry by Federal Government.--The Federal Government 
     may enter upon any portion of the land referred to in 
     subsection (a) to carry out any required operation and 
     maintenance of the general navigation features of the 
     project.
                                 ______
                                 
  SA 905. Ms. MURKOWSKI (for herself and Mr. Begich) 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 III, add the following:

     SEC. 3010. PROJECT FOR NAVIGATION, HAINES, ALASKA.

       The Secretary shall modify the project for navigation, 
     Haines, Alaska, authorized by section 1001(1) of the Water 
     Resources Development Act of 2007 (121 Stat. 1049), to 
     redirect the breakwater and other navigation features to the 
     southern portion of the Haines harbor.
                                 ______
                                 
  SA 906. Mr. DURBIN (for himself, Mr. Blunt, Mrs. McCaskill, Mr. 
Alexander, Mr. Kirk, Mr. Harkin, Mr. Franken, Mr. Cochran, Mr. Wicker, 
Mr. Boozman, Mr. Pryor, and Ms. Landrieu) 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:

[[Page S3379]]

     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 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, consistent with the authorized 
     purposes of those 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 that are likely 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 greater Mississippi River Basin, 
     consistent with the authorized purposes of the water resource 
     projects;
       (2) 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
       (3) identify and locate natural or other physical 
     impediments along the middle and lower Mississippi River 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, agricultural interests, recreational 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.
       (g) Savings Clause.--Nothing in this section impacts the 
     operations and maintenance of the Missouri River Mainstem 
     System, as authorized by the Act of December 22, 1944 (58 
     Stat. 897, chapter 665).
                                 ______
                                 
  SA 907. Mr. BROWN (for himself and Mr. Graham) 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, insert the following:

     SEC. 2____. FUTURE PROJECT AUTHORIZATIONS.

       (a) Policy.--The benefits of water resource projects 
     designed and carried out in an economically justifiable, 
     environmentally acceptable, and technically sound manner are 
     important to the economy and environment of the United States 
     and recommendations to Congress regarding those projects 
     should be expedited for approval in a timely manner.
       (b) Applicability.--The procedures under this section apply 
     to projects for water resources development, conservation, 
     and other purposes, subject to the conditions that--
       (1) each project is carried out--
       (A) substantially in accordance with the plan identified in 
     the report of the Chief of Engineers for the project; and
       (B) subject to any conditions described in the report for 
     the project; and
       (2)(A) a report of the Chief of Engineers has been 
     completed; and
       (B) after the date of enactment of this Act, the Assistant 
     Secretary of the Army for Civil Works has submitted to 
     Congress a recommendation to authorize construction of the 
     project.
       (c) Expedited Consideration.--
       (1) In general.--A bill shall be eligible for expedited 
     consideration in accordance with this subsection if the 
     bill--
       (A) authorizes a project that meets the requirements 
     described in subsection (b); and
       (B) is referred to the Committee on Environment and Public 
     Works of the Senate.
       (2) Committee consideration.--
       (A) In general.--Not later than January 31st of the second 
     session of each Congress, the Committee on Environment and 
     Public Works of the Senate shall--
       (i) report all bills that meet the requirements of 
     paragraph (1); or
       (ii) introduce and report a measure to authorize any 
     project that meets the requirements described in subsection 
     (b).
       (B) Failure to act.--Subject to subparagraph (C), if the 
     Committee fails to act on a bill that meets the requirements 
     of paragraph (1) by the date specified in subparagraph (A), 
     the bill shall be discharged from the Committee and placed on 
     the calendar of the Senate.
       (C) Exceptions.--Subparagraph (B) shall not apply if--
       (i) in the 180-day period immediately preceding the date 
     specified in subparagraph (A), the full Committee holds a 
     legislative hearing on a bill to authorize all projects that 
     meet the requirements described in subsection (b);
       (ii)(I) the Committee favorably reports a bill to authorize 
     all projects that meet the requirements described in 
     subsection (b); and
       (II) the bill described in subclause (I) is placed on the 
     calendar of the Senate; or
       (iii) a bill that meets the requirements of paragraph (1) 
     is referred to the Committee not earlier than 30 days before 
     the date specified in subparagraph (A).
       (d) Termination.--The procedures for expedited 
     consideration under this section terminate on December 31, 
     2018.
                                 ______
                                 
  SA 908. 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:

       On page 243, between lines 18 and 19, insert the following:

     SEC. 5017. INTERNATIONAL BOUNDARY AND WATER COMMISSION 
                   JURISDICTION.

       The International Boundary and Water Commission shall have 
     sole responsibility for the rehabilitation of the 
     international outfall interceptor and wash of the Nogales 
     International Wastewater Treatment Plant.
                                 ______
                                 
  SA 909. 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:

       On page 190, after line 23, add the following:

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

       (a) In General. [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), n]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.
       (b) Offset.--Of the amounts made available under Public Law 
     113-6 (127 Stat. 198) for operations and maintenance under 
     the heading ``Corps of Engineers--Civil'', $5,000,000 is 
     rescinded.
                                 ______
                                 
  SA 910. 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:

       On page 43, line 9, strike ``and''.
       On page 44, line 9, strike the ``''.'' and insert ``; 
     and''.
       On page 44, between lines 9 and 10, insert the following:
       (7) by adding at the end the following:
       ``(I) Crediting authority.--A non-Federal interest for a 
     navigation project that carries out operation and maintenance 
     activities for the navigation project may receive credit for 
     the costs incurred by the non-Federal interest in carrying 
     out the activities towards the share of construction costs of 
     the non-Federal interest for another federally authorized 
     navigation project, except that the credit shall not exceed 
     10 percent of the costs associated with construction of the 
     general navigation features of the project for which the

[[Page S3380]]

     credit may be received under this paragraph.''.
                                 ______
                                 
  SA 911. 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 appropriate place, insert:

    Crediting Authority for Federally Authorized Navigation Projects

       Sec.__. A non-Federal interest for a navigation project 
     that carries out operation and maintenance activities for 
     that project may receive credit for the costs incurred by the 
     non-Federal interest in carrying out such activities towards 
     that non-Federal interest's share of construction costs for a 
     federally authorized element of the same project or another 
     Federally authorized navigation project, except that in no 
     instance may such credit exceed 10 percent of the costs 
     associated with construction of the general navigation 
     features of the project for which such credit may be received 
     pursuant to this section.
                                 ______
                                 
  SA 912. 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.--
       (1) Authorization of assistance.--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)).
       (2) Limitation.--The projects described in paragraph (1) 
     shall be economically justified, technically feasible, and 
     environmentally acceptable.
       (b) Federal and Non-Federal Cost Share.--
       (1) In general.--Subject to paragraph (2), the Federal 
     share of the costs of carrying out this section shall be not 
     less than 75 percent.
       (2) Ability to pay.--The Secretary may adjust the Federal 
     and non-Federal shares of the costs of carrying out this 
     section in accordance with the terms and conditions of 
     section 103(m) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213(m)).
       (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 913. Mr. SANDERS 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 343, line 4, insert ``, and from the short- and 
     long-term impacts of multi-year droughts, sea level rise, and 
     ocean acidification'' after ``inland flooding''.
       On page 343, line 12, insert ``and the short- and long-term 
     impacts of multi-year droughts, sea level rise and ocean 
     acidification'' after ``events''.
       On page 343, line 14, insert ``and the short- and long-term 
     impacts of multi-year droughts, sea level rise, and ocean 
     acidification'' after ``events''.
       On page 343, line 15, insert ``and trends'' after 
     ``events''.
       On page 344, line 3, insert ``and short- and long-term 
     impacts of multi-year droughts, sea level rise, and ocean 
     acidification'' after ``events''.
       On page 345, line 10, strike ``and droughts'' and insert 
     ``droughts, sea level rise, and long-term trends in extreme 
     weather events''.
       On page 345, line 19, insert ``including sea-level rise and 
     long-term trends in extreme weather events,'' after 
     ``risks,''.
       On page 346, line 15 insert ``sea level rise, ``before 
     ``flood''.
       On page 346, line 20, insert ``sea level rise, ``before 
     ``flood''.
       On page 347, lines 2 and 3, strike ``flood and drought'' 
     and insert ``flood, drought, and sea level rise''.
                                 ______
                                 
  SA 914. 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 300, strike lines 1 through 7 and insert the 
     following:
       ``(ii) Of the amounts made available under clause (i)--

       ``(I) 90 percent shall be used for projects that are high-
     use deep draft; and
       ``(II) 10 percent shall be used for projects that are a 
     priority for navigation in the Great Lakes Navigation System.

                                 ______
                                 
  SA 915. 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:

       On page 71, strike lines 4 through 22, and insert the 
     following:

     SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS.

       The Secretary may assume operation and maintenance 
     activities for a navigation channel or an area contiguous to 
     a navigation channel that is deepened or improved by a non-
     Federal interest prior to December 31, 2012, if--
       (1) the Secretary determines that the requirements under 
     paragraphs (2) and (3) of section 204(f) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2232(f)) are 
     met;
       (2) the Secretary determines that the activities carried 
     out by the non-Federal interest in deepening or improving the 
     navigation channel are economically justified and 
     environmentally acceptable; and
       (3) the deepening or improving activities have been carried 
     out on or contiguous to a Federal navigation channel that--
       (A) exists as of the date of enactment of this Act; and
       (B) has been authorized by Congress.

                          ____________________