[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[Senate]
[Page S5509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5025. Mr. PAUL 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 I, add the following:

     SEC. 1___. SURPLUS WATER STORAGE.

       (a) In General.--The Secretary shall not charge a fee for 
     surplus water under a contract entered into pursuant to 
     section 6 of the Act of December 22, 1944 (33 U.S.C. 708) 
     (commonly known as the ``Flood Control Act of 1944'') or the 
     Water Supply Act of 1958 (43 U.S.C. 390b) if the contract is 
     for surplus water stored in the Lake Cumberland Watershed, 
     Kentucky and Tennessee .
       (b) Offset.--
       (1) In general.--Subject to paragraph (2), of any amounts 
     made available to the Secretary by title I of division D of 
     the Consolidated Appropriations Act, 2016 (Public Law 114-
     113; 129 Stat. 2397) to carry out activities under the 
     heading ``operation and maintenance'' under the heading 
     ``Corps of Engineers--Civil'' that remain unobligated as of 
     the date of enactment of this Act, $5,000,000 is rescinded.
       (2) Restriction.--No amounts that have been designated by 
     Congress as being for emergency requirements pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)) shall 
     be rescinded under paragraph (1).
       (c) Termination.--The limitation under subsection (a) shall 
     expire on the date that is 10 years after the date of 
     enactment of this Act.
       (d) Applicability.--Nothing in this section--
       (1) affects the authority of the Secretary under section 
     2695 of title 10, United States Code, to accept funds or to 
     cover the administrative expenses relating to certain real 
     property transactions;
       (2) affects the application of section 6 of the Act of 
     December 22, 1944 (33 U.S.C. 708) (commonly known as the 
     ``Flood Control Act of 1944'') or the Water Supply Act of 
     1958 (43 U.S.C. 390b) to surplus water stored outside of the 
     Lake Cumberland Watershed, Kentucky and Tennessee; or
       (3) affects the authority of the Secretary to accept funds 
     under section 216(c) of the Water Resources Development Act 
     of 1996 (33 U.S.C. 2321a).
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