[Congressional Record Volume 167, Number 142 (Saturday, August 7, 2021)]
[Senate]
[Page S6019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2641. Ms. MURKOWSKI (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 1592, strike lines 6 through 13 and insert the 
     following:
       ``(2) is in service on or after the date of enactment of 
     this section;
       ``(3) meets the requirements of subclauses (I) and (III) of 
     section 242(b)(1)(B)(ii); and
       ``(4)(A) is in compliance with all applicable Federal, 
     Tribal, and State requirements; or
       ``(B) would be constructed or brought into compliance with 
     the requirements described in subparagraph (A) as a result of 
     the capital improvements or investment carried out using an 
     incentive payment under this section.
       On page 1593, line 15, insert ``subject to subsection 
     (c),'' before ``environmental''.
       On page 1594, between lines 8 and 9, insert the following:
       ``(c) Condition.--Incentive payments may only be made for 
     environmental improvements under subsection (b)(3) on the 
     condition that the improvements, including any related 
     physical or operational changes, have been authorized under 
     applicable Federal, State, and Tribal permitting or licensing 
     processes that include appropriate mitigation conditions 
     arising from consultation and environmental review under the 
     processes.
       On page 1594, line 9, strike ``(c)'' and insert ``(d)''.
       On page 1594, line 18, strike ``(d)'' and insert ``(e)''.
                                 ______