[Congressional Record Volume 162, Number 135 (Thursday, September 8, 2016)]
[Senate]
[Pages S5477-S5478]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4990. Mr. MARKEY (for himself, Ms. Warren, Ms. Stabenow, and Mr. 
Peters) submitted an amendment intended to be proposed to amendment SA 
4979 proposed by Mr. Inhofe to the bill S. 2848, 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__. EDUCATION AND RESEARCH HARBORS.

       (a) Definition of Eligible Harbor.--The term ``eligible 
     harbor'' means a harbor that supports or will support a 
     federally owned vessel operated by--
       (1) a State maritime academy (as defined in section 51102 
     of title 46, United States Code); or
       (2) a non-Federal oceanographic research facility.
       (b) Establishment of Program.--The Secretary may establish 
     a program to provide assistance to a non-Federal interest for 
     a project relating to an eligible harbor.
       (c) Form of Assistance.--A non-Federal interest may receive 
     assistance for a project for--
       (1) the construction and maintenance dredging of an 
     eligible harbor;
       (2) the construction, installation, or maintenance of 
     infrastructure in an eligible harbor, including bulkheads, 
     aprons, and piles;
       (3) the construction and maintenance dredging of a berth in 
     an eligible harbor; or
       (4) the construction and maintenance dredging providing 
     access from an eligible harbor to the nearest navigation 
     channel or deep water.
       (d) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement (referred to in this subsection as an 
     ``agreement'') with a non-Federal interest to provide for 
     design and construction of the project to be carried out with 
     the assistance.
       (2) Requirements.--An agreement entered into under this 
     subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, in consultation 
     with appropriate Federal and State officials, of a facilities 
     or resource protection and development plan, including 
     appropriate engineering plans and specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--

[[Page S5478]]

       (A) In general.--Except as otherwise provided in this 
     paragraph, the Federal share of project costs for a project 
     under this section--
       (i) shall not exceed 50 percent; and
       (ii) may be in the form of grants or reimbursements of 
     project costs.
       (B) Credit for design work.--The non-Federal interest shall 
     receive credit for the reasonable costs of design work 
     completed by the non-Federal interest before entering into an 
     agreement with the Secretary for a project.
       (C) Credit for interest.--In the case of a delay in the 
     funding of the Federal share of the costs of a project under 
     this section, the non-Federal interest shall receive credit 
     for reasonable interest incurred in providing the Federal 
     share of the project costs.
       (D) Land, easements, rights-of-way, and relocations.--The 
     non-Federal interest shall receive credit for land, 
     easements, rights-of-way, and relocations provided by the 
     non-Federal interest toward the non-Federal share of project 
     costs (including all reasonable costs associated with 
     obtaining permits necessary for the construction, operation, 
     and maintenance of the project on publicly owned or 
     controlled land), but not to exceed 25 percent of the total 
     project cost.
       (E) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for a project under this 
     section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section waives, limits, or otherwise affects the 
     applicability of any provision of Federal or State law 
     (including regulations) that would otherwise apply to a 
     project under this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section for each fiscal 
     year an amount not greater than $5,000,000, to remain 
     available until expended.
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