[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5804-S5805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6278. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. WATER QUALITY CERTIFICATION.

       Section 401 of the Federal Water Pollution Control Act (33 
     U.S.C. 1341) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by inserting ``by the applicant'' after ``any 
     discharge''; and
       (II) by inserting ``as a result of the federally licensed 
     or permitted activity'' after ``into the navigable waters'';

       (ii) in the second sentence, by striking ``activity'' and 
     inserting ``discharge'';
       (iii) in the third sentence, by striking ``applications'' 
     each place it appears and inserting ``requests'';
       (iv) in the fifth sentence, by striking ``act on'' and 
     inserting ``grant or deny''; and
       (v) by inserting after the fourth sentence the following: 
     ``The certifying State, interstate agency, or Administrator 
     shall publish the requirements for certification that meet 
     the applicable provisions of sections 301, 302, 303, 306, and 
     307. The decision to grant or deny a request shall be based 
     only on the applicable provisions of sections 301, 302, 303, 
     306, and 307 and the grounds for a decision shall be set 
     forth in writing to the applicant.'';
       (B) in paragraph (2)--
       (i) in the second sentence--

       (I) by striking ``such a discharge'' and inserting ``a 
     discharge made into the navigable waters by the applicant as 
     described in paragraph (1)'';
       (II) by inserting ``receipt of the'' before ``notice''; and
       (III) by striking ``of application for such Federal license 
     or permit'' and inserting ``under the preceding sentence'';

       (ii) in the third sentence--

       (I) by striking ``such discharge'' and inserting ``any 
     discharge made into the navigable waters by the applicant as 
     described in paragraph (1)''; and
       (II) by striking ``any water quality requirement'' and 
     inserting ``the applicable provisions of sections 301, 302, 
     303, 306, and 307'';

       (iii) in the fifth sentence, by striking ``insure 
     compliance with applicable water quality requirements.'' and 
     inserting ``ensure any discharge into the navigable waters by 
     the applicant as described in paragraph (1) will comply with 
     the applicable provisions of sections 301, 302, 303, 306, and 
     307.''; and
       (iv) by striking the first sentence and inserting ``Not 
     later than 90 days after receipt of a request for 
     certification, the certifying State, interstate agency, or 
     Administrator shall identify in writing all specific 
     additional materials or information that are necessary to 
     make a final decision on a request for certification. On 
     receipt of a request for certification, the certifying State 
     or interstate agency, as applicable, shall immediately notify 
     the Administrator of the request.'';
       (C) in paragraph (3)--
       (i) in the first sentence, by striking ``there will be 
     compliance'' and inserting ``a discharge made into the 
     navigable waters by the applicant as described in paragraph 
     (1) will comply''; and
       (ii) in the second sentence--

       (I) by striking ``section'' and inserting ``the applicable 
     provisions of sections''; and
       (II) by striking ``or 307 of this Act'' and inserting ``and 
     307'';

       (D) in paragraph (4)--
       (i) in the first sentence, by striking ``applicable 
     effluent limitations'' and all that follows through the 
     period at the end and inserting ``any discharge made by the 
     applicant into the navigable waters as described in paragraph 
     (1) will not violate the applicable provisions of sections 
     301, 302, 303, 306, and 307.'';
       (ii) in the second sentence, by striking ``will violate 
     applicable effluent limitations or other limitations or other 
     water quality requirements such Federal'' and inserting 
     ``will result in a discharge made into the navigable waters 
     by the applicant as described in paragraph (1) that violates 
     the applicable provisions of sections 301, 302, 303, 306, and 
     307, the Federal''; and
       (iii) in the third sentence--

       (I) by striking ``such facility or activity'' and inserting 
     ``a discharge made by the applicant into the navigable waters 
     as described in paragraph (1)''; and
       (II) by striking ``section 301, 302, 303, 306, or 307 of 
     this Act'' and inserting ``sections 301, 302, 303, 306, and 
     307''; and

       (E) in paragraph (5)--
       (i) by striking ``such facility or activity has been 
     operated in'' and inserting ``any discharge made by the 
     applicant into the navigable waters as described in paragraph 
     (1) is in''; and

[[Page S5805]]

       (ii) by striking ``section 301, 302, 303, 306, or 307 of 
     this Act'' and inserting ``sections 301, 302, 303, 306, and 
     307'';
       (2) in subsection (d), by striking ``assure that any 
     applicant for a Federal license or permit will comply with 
     any applicable'' and inserting the following: ``ensure that 
     any discharge made by the applicant into the navigable waters 
     as described in subsection (a)(1) shall comply with the 
     applicable provisions of sections 301, 302, 303, 306, and 
     307. Any limitations or requirements in the preceding 
     sentence shall become a condition on any Federal license or 
     permit subject to the provisions of this section.
       ``(e) Definition of Applicable Provisions of Sections 301, 
     302, 303, 306, and 307.--In this section, the term 
     `applicable provisions of sections 301, 302, 303, 306, and 
     307' means, as applicable,''; and
       (3) in subsection (e) (as so redesignated)--
       (A) by striking ``with'';
       (B) by striking ``other appropriate''; and
       (C) by striking ``set forth'' and all that follows through 
     the period at the end and inserting ``implementing water 
     quality criteria under section 303 necessary to support the 
     specified designated use or uses of the receiving navigable 
     water.''.
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