[Congressional Record Volume 162, Number 135 (Thursday, September 8, 2016)]
[Senate]
[Page S5481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5006. Mr. WARNER 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 VIII, add the following:

     SEC. 8___. GUIDELINES FOR SPECIFICATION OF CERTAIN DISPOSAL 
                   SITES.

       Section 404(b) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344(b)) is amended--
       (1) by striking ``(b) Subject to subsection (c) of this 
     section'' and inserting the following:
       ``(b) Specification for Disposal Sites.--
       ``(1) In general.--Subject to subsection (c)'';
       (2) by striking ``the Secretary (1) through'' and inserting 
     the following: ``the Secretary--
       ``(A) through'';
       (3) by striking ``section 403(c), and (2) in any case where 
     such guidelines under clause (1) alone'' and inserting the 
     following: ``section 403(c); and
       ``(B) in any case in which guidelines under subparagraph 
     (A) alone''; and
       (4) by adding at the end the following:
       ``(2) Limitation.--Guidelines under paragraph (1) may not 
     prohibit the specification of a site due to the lack of a 
     final site plan resulting from the lack of an identified end 
     user or industry or industrial classification for the site 
     when determining whether there is a practicable alternative 
     to a proposed discharge that would result in less adverse 
     impact on the aquatic ecosystem.''.
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