[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[Senate]
[Pages 12321-12325]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1092. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill H.R. 1495, 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 appropriate place in title V, insert the following:

     SEC. 5___. COST SHARING PROVISIONS FOR THE TERRITORIES.

       Section 1156 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2310) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(a) In General.--The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Use of Federal Funds by Non-Federal Interests.--A 
     non-Federal interest may use Federal funds to provide the 
     non-Federal share of the costs of a study or project carried 
     out at a location referred to in subsection (a).''.
                                 ______
                                 
  SA 1093. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill H.R. 1495, 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 appropriate place in title V, insert the following:

     SEC. 5___. SERVICES PROVIDED SUBSTANTIALLY PURSUANT TO 
                   CONTRACTS WITH PRIVATE SECTOR.

       Section 211 of the Water Resources Development Act of 2000 
     (31 U.S.C. 6505 note; 114 Stat. 2592) is amended by adding at 
     the end the following:
       ``(f) Services Provided Substantially Pursuant to Contracts 
     With Private Sector.--
       ``(1) In general.--The Corps of Engineers may provide 
     services to a State or local government pursuant to section 
     6505 of title 31, United States Code, in carrying out a 
     contract with the private sector (including necessary 
     contract supervision and administration associated with such 
     a contract).
       ``(2) Nonapplicability of certain provisions.--Subsections 
     (c)(2) and (d) shall not apply to the Corps of Engineers in 
     carrying out this subsection.''.

                                 ______
                                 
  SA 1094. Mr. KERRY (for himself, Mr. Feingold, Ms. Collins, Mr. 
Sanders, Mr. Carper, Mr. Reed, Mr. Biden, Mr. Whitehouse, and Ms. 
Cantwell) submitted an amendment intended to be proposed by him to the 
bill H.R. 1495, 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 appropriate place in title II, insert the following:

     SEC. 2___. GLOBAL CLIMATE CHANGE.

       (a) Planning Considerations.--To account for the potential 
     long- and short-term effects of global climate change, the 
     Secretary shall ensure that each feasibility study or general 
     reevaluation report prepared by the Corps of Engineers--
       (1) takes into consideration, and accounts for, the impacts 
     of global climate change on flood, storm, and drought risks 
     in the United States;
       (2) takes into consideration, and accounts for, potential 
     future impacts of global climate change-related weather 
     events, such as increased hurricane activity, intensity, 
     storm surge, sea level rise, and associated flooding;
       (3) uses the best-available climate science in assessing 
     flood and storm risks;
       (4) employs, to the maximum extent practicable, 
     nonstructural approaches and design modifications to avoid or 
     prevent impacts to streams, wetlands, and floodplains that 
     provide natural flood and storm buffers, improve water 
     quality, serve as recharge areas for aquifers, reduce floods 
     and erosion, and provide valuable plant, fish, and wildlife 
     habitat;
       (5) in projecting the benefits and costs of any water 
     resources project that requires a benefit-cost analysis, 
     quantifies and, to the maximum extent practicable, accounts 
     for--
       (A) the costs associated with damage or loss to wetlands, 
     floodplains, and other natural systems (including the 
     habitat, water quality, flood protection, and recreational 
     values associated with the systems); and
       (B) the benefits associated with protection of those 
     systems; and
       (6) takes into consideration, as applicable, the impacts of 
     global climate change on emergency preparedness projects for 
     ports.
       (b) Additional Considerations for Flood Damage Reduction 
     Projects.--For purposes of planning and implementing flood 
     damage reduction projects in accordance with this section and 
     section 73 of the Water Resources Development Act of 1974 (33 
     U.S.C. 701b-11), the term ``nonstructural approaches and 
     design modifications'' includes measures to manage flooding 
     through--
       (1) wetland, stream, and river restoration;
       (2) avoiding development or increased development in 
     frequently-flooded areas;
       (3) adopting flood-tolerant land uses in frequently-flooded 
     areas; or
       (4) acquiring from willing sellers floodplain land for use 
     for--
       (A) flood protection uses;
       (B) recreational uses;
       (C) fish and wildlife uses; or
       (D) other public benefits.
                                 ______
                                 
  SA 1095. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 1495, 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 appropriate place in title III, insert the 
     following:

     SEC. 3___. ALAMOSA, COLORADO.

       The project for flood damage reduction, Alamosa, Colorado, 
     authorized by section 101(5) of the Water Resources 
     Development Act of 1992 (106 Stat. 4802), is modified to 
     direct the Secretary--
       (1) to include, as part of the total project costs, the 
     cost of construction activities carried out by the non-
     Federal interest to provide additional erosion protection to 
     the levees; and
       (2) to reimburse the appropriate local interests for the 
     Federal share of the cost of those activities.
                                 ______
                                 
  SA 1096. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 1495, 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 appropriate place in title IV, insert the following:

     SEC. 4___. MOHAWK RIVER, ONEIDA COUNTY, NEW YORK.

       (a) In General.--The Secretary shall conduct a watershed 
     study of the Mohawk River watershed, Oneida County, New York, 
     with a particular emphasis on improving water quality and the 
     environment.
       (b) Recommendations.--In conducting the study under 
     subsection (a), the Secretary shall take into consideration 
     impacts on the Sauquoit Creek Watershed and the economy.
                                 ______
                                 
  SA 1097. Mr. REID (for Mr. Levin (for himself and Mr. Reid)) proposed 
an amendment to the bill H.R. 1495, 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; as follows:

     SEC. 1. MILITARY READINESS--MISSION CAPABLE UNITS.

       (a) Congress finds that it is Defense Department policy 
     that units should not be deployed for combat unless they are 
     rated ``fully mission capable''.
       (b) None of the funds appropriated or otherwise made 
     available in this or any other Act may be used to deploy any 
     unit of the Armed Forces to Iraq unless the chief of the 
     military department concerned has certified in writing to the 
     Committees on Appropriations and the Committees on Armed 
     Services at least 15 days in advance of the deployment that 
     the unit is fully mission capable.
       (c) For purposes of subsection (b), the term ``fully 
     mission capable'' means capable of performing assigned 
     mission essential tasks to prescribed standards under the 
     conditions expected in the theater of operations, consistent 
     with the guidelines set forth in the Department of Defense 
     readiness reporting system.

[[Page 12322]]

       (d) The President may waive the limitation prescribed in 
     subsection (b) on a unit-by-unit basis by certifying in 
     writing to the Committees on Appropriations and the 
     Committees on Armed Services that he has authorized the 
     deployment to Iraq of a unit that is not assessed fully 
     mission capable and by submitting along with the 
     certification a report in classified and unclassified form 
     detailing the particular reason or reasons why the unit's 
     deployment is necessary despite the chief of the military 
     department's assessment that the unit is not fully mission 
     capable,

     SEC. 2. MILITARY READINESS--DURATION OF TOURS OF DUTY IN 
                   IRAQ.

       (a) Congress finds that it is Defense Department policy 
     that Army, Army Reserve, and National Guard units should not 
     be deployed for combat beyond 365 days or that Marine Corps 
     and Marine Corps Reserve units should not be deployed for 
     combat beyond 210 days.
       (b) None of the funds appropriated or otherwise made 
     available in this or any other Act may be obligated or 
     expended to initiate the development of, continue the 
     development of, or execute any order that has the effect of 
     extending the deployment for Operation Iraqi Freedom of--
       (1) any unit of the Army, Army Reserve or Army National 
     Guard beyond 365 days; or
       (2) any unit of the Marine Corps or Marine Corps Reserve 
     beyond 210 days.
       (c) The President may waive the limitations prescribed in 
     subsection (b) on a unit-by-unit basis by certifying in 
     writing to the Committees on Appropriations and the 
     Committees on Armed Services that he has authorized the 
     extension of a unit's deployment in Iraq beyond the periods 
     specified in subsection (b) and by submitting along with the 
     certification a report in classified and unclassified form 
     detailing the particular reason or reasons why the unit's 
     extended deployment is necessary.

     SEC. 3. MILITARY READINESS--MULTIPLE DEPLOYMENTS.

       (a) Congress finds that it is Defense Department policy 
     that Army, Army Reserve, and National Guard units should not 
     be redeployed for combat if the unit has been deployed within 
     the previous 365 consecutive days or that Marine Corps and 
     Marine Corps Reserve units should not be redeployed for 
     combat if the unit has been deployed within the previous 210 
     days.
       (b) None of the funds appropriated or otherwise made 
     available in this or any other Act may be obligated or 
     expended to initiate the development of, continue the 
     development of, or execute any order that has the effect of 
     deploying for Operation Iraqi Freedom of--
       (1) any unit of the Army, Army Reserve or Army National 
     Guard if such unit has been deployed within the previous 365 
     consecutive days; or
       (2) any unit of the Marine Corps or Marine Corps Reserve if 
     such unit has been deployed within the previous 210 
     consecutive days.
       (c) The President may waive the limitations prescribed in 
     subsection (b) on a unit- by-unit basis by certifying in 
     writing to the Committees on Appropriations and the 
     Committees on Armed Services that he has authorized the 
     redeployment of a unit to Iraq in advance of the periods 
     specified in subsection (b) and by submitting along with the 
     certification a report in classified and unclassified form 
     detailing the particular reason or reasons why the unit's 
     deployment is necessary.

     SEC. 4. BENCHMARKS.

       (a) Beginning on July 15, 2007, and every 30 days 
     thereafter, the Secretary of Defense and the Secretary of 
     State, after consultation with the U.S. Ambassador to Iraq, 
     Commander U.S. Central Command, and Commander, Multi-National 
     Forces Iraq, shall jointly submit to Congress a report 
     describing and assessing in detail the progress made by the 
     Government of Iraq in meeting each of the benchmarks set 
     forth in subsection (1), the security objectives set forth in 
     the President's revised strategy of January 10, 2007, and 
     answering the questions posed in subsections (2) and (3).
       (1) whether the Government of Iraq has:
       (I) enacted a broadly accepted hydro-carbon law that 
     equitably shares oil revenues among all Iraqis;
       (ii) adopted legislation necessary for the conduct of 
     provincial and local elections including setting a schedule 
     to conduct provincial and local elections;
       (iii) reformed current laws governing the de-Baathification 
     process to allow for more equitable treatment of individuals 
     affected by such laws;
       (iv) amended the Constitution of Iraq consistent with the 
     principles contained in Article 140 of such constitution, 
     including, at a minimum, the submission of such amendments to 
     the Iraqi Parliament for the protection of minority rights; 
     and
       (v) allocated and expended $10,000,000,000 in Iraqi 
     revenues for reconstruction projects, including delivery of 
     essential services, on an equitable basis.
       (2) whether the Government of Iraq and United States Armed 
     Forces has made substantial progress in reducing the level of 
     sectarian violence in Iraq; and
       (3) whether each battalion of the security forces of Iraq 
     has achieved a level of combat proficiency such that it can 
     conduct independent combat operations without support from 
     Coalition forces in Iraq.
       (b) Notwithstanding any other provision of law, 75 percent 
     of the funds appropriated by this Act or any other act for 
     assistance for Iraq under the headings ``Economic Support 
     Fund'' and ``International Narcotics and Law Enforcement'' 
     shall be withheld from obligation until the President 
     certifies to the Committees on Appropriations, Armed Services 
     and Foreign Relations of the Senate and the Committees on 
     Appropriations, Armed Services and Foreign Affairs of the 
     House of Representatives that the Government of Iraq is 
     making substantial progress towards meeting each of the 
     benchmarks set forth in subsection (a)(1).
       (c) The requirement to withhold funds from obligation 
     pursuant to subsection (b) shall not apply with respect to 
     funds made available under the heading ``Economic Support 
     Fund'' for continued support for the Community Action Program 
     and the Community Stabilization Program in Iraq administered 
     by the United States Agency for International Development, or 
     for programs and activities to promote democracy and human 
     rights in Iraq.

     SEC. 5. REDUCTION OF FORCES.

       (a) Subject to the waiver authority provided for in 
     subsection (e), the Secretary of Defense shall commence the 
     reduction of the number of United States Armed Forces in Iraq 
     not later than October 1, 2007, with a goal of completing 
     such reduction within 180 days. The goal of completing such 
     reduction shall be accelerated if the President is unable to 
     report that the Government of Iraq is making substantial 
     progress towards meeting each of the benchmarks set forth in 
     subsection (a)(1) of Section 4 by October 15, 2007.
       (b) Notwithstanding any other provision of law, funds 
     appropriated or otherwise made available in this or any other 
     Act are available for obligation and expenditure to plan and 
     execute a safe and orderly reduction of the Armed Forces in 
     Iraq.
       (c) The reduction of forces required by this section shall 
     be implemented as part of a comprehensive diplomatic, 
     political, and economic strategy that includes sustained 
     engagement with Iraq's neighbors and the international 
     community for the purpose of working collectively to bring 
     stability to Iraq.
       (d) After the conclusion of the reduction required by this 
     section, the Secretary of Defense may not deploy or maintain 
     members of the Armed Forces in Iraq for any purpose other 
     than the following:
       (1) Protecting American diplomatic facilities and American 
     citizens, including members of the U.S. armed forces;
       (2) Serving in roles consistent with customary diplomatic 
     positions;
       (3) Engaging in targeted actions against members of al-
     Qaeda and allied parties and other terrorist organizations 
     with global reach; and
       (4) Training and equipping members of the Iraqi Security 
     Forces.
       (e) Waiver Authority.--
       (1) In general.--The President may waive the reduction of 
     forces requirements of this section if he submits to Congress 
     a written certification setting forth a detailed 
     justification for the waiver, which shall include a detailed 
     report describing the actions being taken by the United 
     States to bring about the meeting of the benchmarks set forth 
     in subsections (a)(1) of section __ by the Iraqis. The 
     certification shall be submitted in unclassified form, but 
     may include a classified annex.
       (2) Duration.--The Waiver under paragraph (1) shall be 
     effective for 90 days beginning on the date of the submittal 
     of the certification under that paragraph.
       (3) Renewal.--A waiver under paragraph (1) may be renewed 
     if, before the--end of the expiration of the waiver under 
     paragraph (2), the President submits to Congress before the 
     end of the effective period of the waiver under paragraph (2) 
     a certification meeting the requirements of this subsection. 
     Any waiver so renewed may be further renewed as provided in 
     this paragraph.
                                 ______
                                 
  SA 1098. Mr. REID (for Mr. Feingold (for himself, Mr. Reid, Mr. Dodd, 
Mr. Whitehouse, Mr. Kerry, Mr. Sanders, and Mr. Leahy)) proposed an 
amendment to amendment SA 1097 proposed by Mr. Reid (for Mr. Levin (for 
himself and Mr. Reid)) to the bill H.R. 1495, 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; as follows:

       (a) Transition of Mission.--The President shall promptly 
     transition the mission of United States forces in Iraq to the 
     limited purposes set forth in subsection (d).
       (b) Commencement of Safe, Phased Redeployment From Iraq.--
     The President shall commence the Iraq that are not essential 
     to the limited purposes set forth in subsection (d). Such 
     redeployment shall begin not later than 120 days after the 
     date of the enactment of this Act.

[[Page 12323]]

       (c) Prohibition on Use of Funds.--No funds appropriated or 
     otherwise made available under any provision of law may be 
     obligated or expended to continue the deployment in Iraq of 
     members of the United States Armed Forces after March 31, 
     2008.
       (d) Exception for Limited Purposes.--The prohibition under 
     subsection (c) shall not apply to the obligation or 
     expenditure of funds for the limited purposes as follows:
       (1) To conduct targeted operations, limited in duration and 
     scope, against members of al Qaeda and other international 
     terrorist organizations.
       (2) To provide security for United States infrastructure 
     and personnel.
       (3) To train and equip Iraqi security services.
                                 ______
                                 
  SA 1099. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. Inhofe, 
Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, 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:

       Strike subsections (s) and (t) of section 1003 (relating to 
     Louisiana coastal area ecosystem restoration) and insert the 
     following:
       (s) Mississippi River Gulf Outlet.--
       (1) Deauthorization.--
       (A) In general.--Effective beginning on the date of 
     submission of the plan required under subparagraph (C), the 
     navigation channel portion of the project for navigation, 
     Mississippi River Gulf outlet, authorized by the Act of March 
     29, 1956 (70 Stat. 65, chapter 112;100 Stat. 4177; 110 Stat. 
     3717), which extends from the Gulf of Mexico to Mile 60 at 
     the southern bank of the Gulf Intracoastal Waterway, is not 
     authorized.
       (B) Scope.--Nothing in this paragraph modifies or 
     deauthorizes the Inner Harbor navigation canal replacement 
     project authorized by that Act.
       (C) Closure and restoration plan.--
       (i) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall 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 final report on the 
     deauthorization of the Mississippi River Gulf outlet, as 
     described under the heading ``Investigations'' under chapter 
     3 of title II of the Emergency Supplemental Appropriations 
     Act for Defense, the Global War on Terror, and Hurricane 
     Recovery, 2006 (Public Law 109-234; 120 Stat. 453).
       (ii) Inclusions.--At a minimum, the report under 
     subparagraph (A) shall include--

       (I) a comprehensive plan to deauthorize deep draft 
     navigation on the Mississippi River Gulf outlet;
       (II) a plan to physically modify the Mississippi River Gulf 
     outlet and restore the areas affected by the navigation 
     channel;
       (III) a plan to restore natural features of the ecosystem 
     that will reduce or prevent damage from storm surge, 
     including through--

       (aa) use of native vegetation; and
       (bb) diversions of fresh water to restore the Lake Borgne 
     ecosystem;

       (IV) a plan to prevent the intrusion of saltwater into the 
     waterway;
       (V) efforts to integrate the recommendations of this report 
     with the program authorized under subsection (a) and the 
     analysis and design authorized by title I of the Energy and 
     Water Develop Appropriations Act, 2006 (Public Law 109-103; 
     119 Stat. 2247).

       (D) Construction.--The Secretary shall carry out a plan to 
     close the Mississippi River Gulf outlet and restore and 
     protect the ecosystem substantially in accordance with the 
     plan required under subparagraph (C), if the Secretary 
     determines that the project is cost-effective, 
     environmentally acceptable, and technically feasible.
       (t) Hurricane and Storm Damage Reduction.--
       (1) Definition of louisiana coastal protection and 
     restoration report.--In this subsection, the term ``Louisiana 
     Coastal Protection and Restoration Report'' means the 
     analysis and design of comprehensive hurricane protection 
     authorized by title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247).
       (2) Construction of most urgent projects.--Without 
     preparing a feasibility report, the Secretary is authorized 
     to construct the most urgently needed, technically developed, 
     most protective, and environmentally acceptable projects 
     identified in the Louisiana Coastal Protection and 
     Restoration Report, if the projects are not otherwise 
     authorized by this or any other Act.
       (3) Reporting of remaining projects.--With respect to the 
     projects identified in the Louisiana Coastal Protection and 
     Restoration Report that are not described in paragraph (2), 
     the Secretary shall--
       (A) submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives--
       (i) specific project recommendations in any report 
     developed under the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2247); and
       (ii) subsequent additional specific project 
     recommendations, if applicable--

       (I) as soon as practicable; and
       (II) as often as the Secretary determines to be necessary;

       (B) on submission of the specific project recommendations 
     under subparagraph (A)(i), subject to subparagraph (C)(ii), 
     begin preparation of a feasibility study relating to the 
     specific project; and
       (C) ensure that--
       (i) each specific project recommendation submitted to 
     Congress is accompanied by a budget estimate, to be provided 
     by the Chief of Engineers, of funding requirements for the 
     project for each fiscal year; and
       (ii) each feasibility study for a project included in a 
     report under subparagraph (A) is completed by not later than 
     3 years after the date of enactment of this Act.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated carry out paragraph (2) $500,000,000.

                                 ______
                                 
  SA 1100. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. Inhofe, 
Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, 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 appropriate place in title III, insert the 
     following:

     SEC. 3___. HOUMA NAVIGATION CANAL, LOUISIANA.

       The Secretary is authorized to carry out the project for 
     navigation, Houma Navigation Canal, Louisiana, at a total 
     cost of $200,000,000, with and estimated Federal cost of 
     $180,000,000 and an estimated non-Federal cost of 
     $20,000,000, substantially in accordance with the plans, and 
     subject to the conditions, recommended in a final report of 
     the Chief of Engineers relating to the project if a favorable 
     report of the Chief is completed not later than December 31, 
     2008.
                                 ______
                                 
  SA 1101. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. Inhofe, 
Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, 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 appropriate place in title V, insert the following:

     SEC. 5___. INNER HARBOR NAVIGATION CANAL LOCK PROJECT.

       Not later than July 1, 2008, the Secretary shall--
       (1) issue a final environmental impact statement relating 
     to the Inner Harbor Navigation Canal Lock project; and
       (2) develop and maintain a transportation mitigation 
     program relating to that project in coordination with--
       (A) St. Bernard Parish;
       (B) Orleans Parish;
       (C) the Old Arabi Neighborhood Association; and
       (D) other interested parties.
                                 ______
                                 
  SA 1102. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. Inhofe, 
Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, 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:

       On page 57, between lines 23 and 24, insert the following:
       (4) Credit.--The Secretary shall credit to the non-Federal 
     share of the cost of the project under this subsection any 
     amount otherwise eligible to be credited under section 221 of 
     the Flood Control Act of 970 (42 U.S.C. 1962d-5b) (as amended 
     by section 2001).
                                 ______
                                 
  SA 1103. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. Inhofe, 
Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, to provide for the 
conservation and development of water

[[Page 12324]]

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:

       On page 129, between lines 4 and 5, insert the following:
       (f) Effect of Section.--Nothing in this section adversely 
     effects the generation of hydroelectric power or any 
     ratepayer in the State of Louisiana.
                                 ______
                                 
  SA 1104. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. Inhofe, 
Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, 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 appropriate place in title III, insert the 
     following:

     SEC. 3___. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK, 
                   LOUISIANA.

       The project for navigation, Atchafalaya River, Bayous 
     Chene, Boeuf, and Black, Louisiana, authorized by section 101 
     of the River and Harbor Act of 1968 (82 Stat. 731), is 
     modified to authorize the Secretary to deepen a section of 
     not more than 1,000 feet of the area on the Gulf Intracoastal 
     Waterway located west of the Bayou Boeuf Lock and east of the 
     intersection of the Atchafalaya River at a cost of not more 
     than $200,000 during the 10-year period beginning on the date 
     of enactment of this Act to provide for ingress and egress to 
     the Port of Morgan City, consistent with the channel depth.
                                 ______
                                 
  SA 1105. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. Inhofe, 
Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, 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 appropriate place in title III, insert the 
     following:

     SEC. 3___. AMITE RIVER AND TRIBUTARIES, LOUISIANA, EAST BATON 
                   ROUGE PARISH WATERSHED.

       The project for flood damage reduction and recreation, 
     Amite River and Tributaries, Louisiana, East Baton Rouge 
     Parish Watershed, authorized by section 101(a)(21) of the 
     Water Resources Development Act of 1999 (113 Stat. 277) and 
     modified by section 116 of division D of Public Law 108-7 
     (117 Stat. 140), is further modified--
       (1) to direct the Secretary to carry out the project with 
     the cost sharing for the project determined in accordance 
     with section 103(a) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(a)), as in effect on October 11, 1996;
       (2) to authorize the Secretary to construct the project at 
     a total cost of $187,000,000; and
       (3) to direct the Secretary to credit toward the non-
     Federal share of the cost of the project the cost of work 
     carried out by the non-Federal interest before the date of 
     the partnership agreement for the project if the Secretary 
     determines that the work is integral to the project.
                                 ______
                                 
  SA 1106. Mr. LEVIN (for himself, Ms. Stabenow, and Mr. Voinovich) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1495, 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 appropriate place in title V, insert the following:

     SEC. ____. CRITERIA AND DATA RELATING TO HARBOR DREDGING 
                   PROJECTS.

       In budgeting and requesting appropriations for operation 
     and maintenance of harbor dredging projects, the Secretary--
       (1) shall base budgets and requests on criteria used for 
     those projects for fiscal year 2004;
       (2) shall use all available data relating to public safety 
     and economic impacts; and
       (3) shall not use a budget standard for those projects 
     based solely on the tonnage handled by a harbor.
                                 ______
                                 
  SA 1107. Mr. LEVIN (for himself and Ms. Stabenow), submitted an 
amendment intended to be proposed by him to the bill H.R. 1495, 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 appropriate place in title III, insert the 
     following:

     SEC. 3___. DETROIT RIVER GREENWAY, MICHIGAN.

       (a) In General.--The Secretary, in cooperation with the 
     Detroit Riverfront Conservancy, shall design and construct 
     the project for shore protection, environmental restoration, 
     and recreation, Detroit River Greenway, Michigan, authorized 
     by section 568 of the Water Resources Development Act of 1999 
     (113 Stat. 368), substantially in accordance with the East 
     Riverfront Detroit RiverWalk Schematic Plan and the West 
     Riverfront Plan prepared for the Detroit Riverfront 
     Conservancy.
       (b) Cooperative Agreements.--
       (1) In general.--In carrying out this section, the 
     Secretary may enter into a cooperative agreement with the 
     Detroit Riverfront Conservancy or any other non-Federal 
     interest associated with the Detroit River Greenway project.
       (2) Nonprofit organizations.--Notwithstanding section 221 
     of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for 
     purposes of paragraph (1), a non-Federal interest may include 
     a nonprofit organization.
       (c) Cost Sharing.--
       (1) In general.--The Federal share of the cost of the 
     project under this section--
       (A) shall be 65 percent; and
       (B) may be in the form of credits or reimbursements.
       (2) Land, easements, and rights-of-way.--The non-Federal 
     interest shall--
       (A) provide any land, easement, right-of-way, relocation, 
     or dredged material disposal area necessary for construction 
     of the project under this section; and
       (B) be provided a credit toward the non-Federal share of 
     the project for the cost of any land, easement, right-of-way, 
     relocation, or dredged material disposal area so provided.
       (3) In-kind services.--
       (A) In general.--The non-Federal interest may provide up to 
     100 percent of the non-Federal share in the form of design 
     and construction services, materials, supplies or other in-
     kind contributions.
       (B) Limitation.--The non-Federal interest shall not be 
     provided reimbursement for the cost of any in-kind services 
     provided under subparagraph (A) in excess of the non-Federal 
     share of the cost of the project.
       (4) Operation, maintenance, repair, rehabilitation, and 
     replacement.--The operation, maintenance, repair, 
     rehabilitation, and replacement of the project under this 
     section shall be a non-Federal responsibility.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $10,000,000 for each fiscal year to carry 
     out this section.
                                 ______
                                 
  SA 1108. Mr. LEVIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill H.R. 1495, 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 appropriate place in title III, insert the 
     following:

     SEC. 3___. ECORSE CREEK, WAYNE COUNTY, MICHIGAN.

       (a) In General.--The project for flood control, Ecorse 
     Creek, Wayne County, Michigan, authorized by section 
     101(a)(14) of the Water Resources Development Act of 1990 
     (104 Stat. 4607), is modified--
       (1) to direct the Secretary to prepare and submit to 
     Congress a limited reevaluation report regarding the project 
     that contains an analysis of planning and design activities 
     to determine whether the flood damage reduction project 
     recommended by Wayne County, or any element of the project, 
     is--
       (A) technically sound;
       (B) economically feasible; and
       (C) environmentally acceptable; and
       (2) if the Secretary determines under paragraph (1) that 
     the recommended project or any element of the project is in 
     the interest of the United States, to authorize the Secretary 
     to construct the project or element at a total estimated cost 
     of $220,000,000, with an estimated Federal cost of 
     $143,000,000 and an estimated non-Federal cost of 
     $77,000,000.
       (b) Credit.--The Secretary shall provide to the non-Federal 
     interest of the project described in subsection (a) credit 
     towards the non-Federal share of the cost of the project in 
     an amount equal to the cost of any activity carried out under 
     the project by the non-Federal interest before the date on 
     which the non-Federal interest enters into a design agreement 
     or project cooperation agreement

[[Page 12325]]

     regarding the project, if the Secretary determines that the 
     activity is integral to the project.
                                 ______
                                 
  SA 1109. Mr. LEVIN (for himself, Ms. Stabenow, and Mr. Voinovich) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1495, 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 appropriate place in title V, insert the following:

     SEC. 5___. GREAT LAKES NAVIGATION.

       (a) Definition of Great Lakes and Connecting Channels.--In 
     this section, the term ``Great Lakes and connecting 
     channels'' includes--
       (1) Lakes Superior, Huron, Michigan, Erie, and Ontario;
       (2) any connecting water between or among those lakes that 
     is used for navigation;
       (3) any navigation feature in those lakes or water the 
     operation or maintenance of which is a Federal 
     responsibility; and
       (4) any area of the Saint Lawrence River that is operated 
     or maintained by the Federal Government for navigation.
       (b) Navigation.--Using available funds, the Secretary shall 
     expedite the operation and maintenance, including dredging to 
     authorized project depths, of the navigation features of the 
     Great Lakes and connecting channels for the purpose of 
     supporting navigation.
                                 ______
                                 
  SA 1110. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 1495, 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:

       Strike section 3003 and insert the following:

     SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

       Section 111 of title I of division C of the Consolidated 
     Appropriations Act, 2005 (118 Stat. 2944), is amended by 
     striking subsections (a) and (b) and inserting the following:
       ``(a) Construction of New Facilities.--
       ``(1) Definitions.--In this subsection:
       ``(A) Existing facility.--The term `existing facility' 
     means the administrative and maintenance facility for the 
     project for Black Warrior-Tombigbee Rivers, Alabama, in 
     existence on the date of enactment of the Water Resources 
     Development Act of 2007.
       ``(B) Parcel.--The term `Parcel' means the land owned by 
     the Federal Government in the City of Tuscaloosa, Alabama, as 
     in existence on the date of enactment of the Water Resources 
     Development Act of 2007.
       ``(2) Authorization.--In carrying out the project for Black 
     Warrior-Tombigbee Rivers, Alabama, the Secretary is 
     authorized--
       ``(A) to purchase land on which the Secretary may construct 
     a new maintenance facility, to be located--
       ``(i) at a different location from the existing facility; 
     and
       ``(ii) in the vicinity of the City of Tuscaloosa, Alabama;
       ``(B) at any time during or after the completion of, and 
     relocation to, the new maintenance facility--
       ``(i) to demolish the existing facility; and
       ``(ii) to carry out any necessary environmental clean-up of 
     the Parcel, all at full Federal expense; and
       ``(C) to construct on the Parcel a new administrative 
     facility.
       ``(b) Acquisition and Disposition of Property.--The 
     Secretary--
       ``(1) may acquire any real property necessary for the 
     construction of the new maintenance facility under subsection 
     (a)(2)(A); and
       ``(2) shall convey to the City of Tuscaloosa fee simple 
     title in and to any portion of the Parcel not required for 
     construction of the new administrative facility under 
     subsection (a)(2)(C) through--
       ``(A) sale at fair market value;
       ``(B) exchange of other Federal land on an acre-for-acre 
     basis; or
       ``(C) another form of transfer.''.
                                 ______
                                 
  SA 1111. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill H.R. 1495, 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:

       In section 1001, insert the following after paragraph (41):
       (42) Sabine-neches waterway, texas.--
       (A) In general.--The project for navigation and other 
     related purposes, Sabine-Neches Waterway, Texas, provided a 
     favorable Report is issued by the Chief of Engineers, at a 
     total cost of $900,000,000, with an estimated Federal cost of 
     $675,000,000 and estimated non-Federal cost of $225,000,000.
       (B) Provision of non-federal share.--The non-Federal share 
     of the cost of the project under this paragraph may be 
     provided in the form of services, materials, supplies, or 
     other in-kind contributions.
       (C) Navigational servitude.--In carrying out construction 
     and maintenance of the project under this paragraph, the 
     Secretary shall fully enforce and enjoy the rights of the 
     Secretary under Federal navigational servitude in the Sabine-
     Neches Waterway, including, at the sole expense of the owner 
     of the facility, the removal or relocation of any facility 
     obstructing the project.

                          ____________________