[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[Senate]
[Pages S5507-S5508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5016. Mr. INHOFE (for Mr. Flake) submitted an amendment intended 
to be proposed to amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) 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 VI, add the following:

     SEC. 60__. CONSTRUCTION OF NEW WATER RESOURCES PROJECTS.

       (a) In General.--Notwithstanding any other provision of law 
     and subject to subsections (b) and (c), once every 2-year 
     congressional period, the Secretary may 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 identifies not more 
     than 9 new water resources project that the Secretary 
     recommends for construction.
       (b) Criteria.--The Secretary shall only recommend a project 
     in the report under subsection (a) if--
       (1) a feasibility study or major decision document has been 
     prepared for the project--
       (A) after the date of enactment of this Act; and
       (B) prior to the date on which the report under subsection 
     (a) is submitted to Congress; and
       (2) a report of the Chief of Engineers has been completed 
     for the project prior to the date on which the report under 
     subsection (a) is submitted to Congress that determines that 
     the project--
       (A) is in the national interest;
       (B) results in a benefit to cost ratio of not less than 2 
     to 1, exclusive of any environmental restoration activities;
       (C) complies with applicable Federal environmental law 
     (including regulations); and
       (D) is technically feasible.
       (c) Limitations.--The Secretary shall not include in the 
     report under subsection (a)--
       (1) more than 2 new construction projects that are located 
     in any 1 division of the Corps of Engineers;
       (2) any project that is the result of 2 or more combined 
     construction projects; or
       (3) any project for which a feasibility study or major 
     decision document was completed more than 10 years prior to 
     date on which the report under subsection (a) is submitted.
       (d) Contents of Report.--The report under subsection (a) 
     shall--
       (1) for each project, explain the methodology used by the 
     Secretary to determine that the project meets the criteria 
     under subsection (b); and
       (2) for each division of the Corps of Engineers, explain 
     the methodology and criteria used by the Secretary in 
     selecting the 1 or more projects from that division for 
     inclusion in the report over other projects in the

[[Page S5508]]

     division that meet the criteria under subsection (b).
       (e) Public Participation.--The report under subsection (a) 
     shall be made available to the public, including on the 
     Internet.
       (f) Administration.--The Secretary shall not be authorized 
     to carry out any project included in the report under 
     subsection (a) unless the project is explicitly authorized by 
     an Act of Congress during the 2-year period described in 
     subsection (a).
       (g) Exemptions.--This section shall not apply to any water 
     resources construction project that is authorized under a 
     provision designated as an emergency requirement pursuant to 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
                                 ______