Volume 162, No. 135 covering the 2nd Session of the 114th Congress (2015 - 2016) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S5474-S5482 on Sept. 8, 2016.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 4985. Ms. KLOBUCHAR (for herself, Mr. Portman, Ms. Stabenow, and Mr. Kirk) submitted an amendment intended to be proposed by her 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 appropriate place, insert the following:
SEC. ___. AMENDMENTS TO THE GREAT LAKES FISH AND WILDLIFE
RESTORATION ACT OF 1990.
(a) References.--Except as otherwise expressly provided, wherever in this section an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941 et seq.).
(b) Findings.--The Act is amended by striking section 1002 and inserting the following:
``SEC. 1002. FINDINGS.
``Congress finds that--
``(1) the Great Lakes have fish and wildlife communities that are structurally and functionally changing;
``(2) successful fish and wildlife management focuses on the lakes as ecosystems, and effective management requires the coordination and integration of efforts of many partners;
``(3) it is in the national interest to undertake activities in the Great Lakes Basin that support sustainable fish and wildlife resources of common concern provided under the Great Lakes Restoration Initiative Action Plan based on the recommendations of the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force);
``(4) additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin;
``(5) as of the date of enactment of this Act, actions are not funded that are considered essential to meet the goals and objectives in managing the fish and wildlife resources, and the habitats on which the resources depend, in the Great Lakes Basin; and
``(6) this Act allows Federal agencies, States, and Indian tribes to work in an effective partnership by providing the funding for restoration work.''.
(c) Identification, Review, and Implementation of Proposals and Regional Projects.--
(1) Requirements for proposals and regional projects.--Section 1005(b)(2)(B) (16 U.S.C. 941c(b)(2)(B)) is amended--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(vii) the strategic action plan of the Great Lakes Restoration Initiative; and
``(viii) each applicable State wildlife action plan.''.
(2) Review of proposals.--Section 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amended by striking ``Great Lakes Coordinator of the''.
(3) Cost sharing.--Section 1005(e) (16 U.S.C. 941c(e)) is amended--
(A) in paragraph (1)--
(i) by striking ``Except as provided in paragraphs (2) and
(4), not less than 25 percent of the cost of implementing a proposal'' and inserting the following:
``(A) Non-federal share.--Except as provided in paragraphs
(3) and (5) and subject to paragraph (2), not less than 25 percent of the cost of implementing a proposal or regional project''; and
(ii) by adding at the end the following:
``(B) Time period for providing match.--The non-Federal share of the cost of implementing a proposal or regional project required under subparagraph (A) may be provided at any time during the 2-year period preceding January 1 of the year in which the Director receives the application for the proposal or regional project.'';
(B) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and
(C) by inserting before paragraph (3) (as so redesignated) the following:
``(2) Authorized sources of non-federal share.--
``(A) In general.--The Director may determine the non-Federal share under paragraph (1) by taking into account--
``(i) the appraised value of land or a conservation easement as described in subparagraph (B); or
``(ii) as described in subparagraph (C), the costs associated with--
``(I) land acquisition or securing a conservation easement; and
``(II) restoration or enhancement of that land or conservation easement.
``(B) Appraisal of land or conservation easement.--
``(i) In general.--The value of land or a conservation easement may be used to satisfy the non-Federal share of the cost of implementing a proposal or regional project required under paragraph (1)(A) if the Director determines that the land or conservation easement--
``(I) meets the requirements of subsection (b)(2);
``(II) is acquired before the end of the grant period of the proposal or regional project;
``(III) is held in perpetuity for the conservation purposes of the programs of the United States Fish and Wildlife Service related to the Great Lakes Basin, as described in section 1006, by an accredited land trust or conservancy or a Federal, State, or tribal agency;
``(IV) is connected either physically or through a conservation planning process to the proposal or regional project; and
``(V) is appraised in accordance with clause (ii).
``(ii) Appraisal.--With respect to the appraisal of land or a conservation easement described in clause (i)--
``(I) the appraisal valuation date shall be not later than 1 year after the price of the land or conservation easement was set under a contract; and
``(II) the appraisal shall--
``(aa) conform to the Uniform Standards of Professional Appraisal Practice (USPAP); and
``(bb) be completed by a Federal- or State-certified appraiser.
``(C) Costs of land acquisition or securing conservation easement.--
``(i) In general.--All costs associated with land acquisition or securing a conservation easement and restoration or enhancement of that land or conservation easement may be used to satisfy the non-Federal share of the cost of implementing a proposal or regional project required under paragraph (1)(A) if the activities and expenses associated with the land acquisition or securing the conservation easement and restoration or enhancement of that land or conservation easement meet the requirements of subparagraph (B)(i).
``(ii) Inclusion.--The costs referred to in clause (i) may include cash, in-kind contributions, and indirect costs.
``(iii) Exclusion.--The costs referred to in clause (i) may not be costs associated with mitigation or litigation (other than costs associated with the Natural Resource Damage Assessment program).''.
(d) Establishment of Offices.--Section 1007 (16 U.S.C. 941e) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by striking ``Fishery Resources'' and inserting ``Fish and Wildlife Conservation''; and
(B) by striking ``Fishery Resources'' each place it appears and inserting ``Fish and Wildlife Conservation'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Fishery Resources'' and inserting ``Fish and Wildlife Conservation''; and
(B) by striking ``Fishery Resources'' each place it appears and inserting ``Fish and Wildlife Conservation'';
(3) by striking subsection (a); and
(4) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(e) Reports.--Section 1008 (16 U.S.C. 941f) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``2011'' and inserting ``2021'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2020''; and
(B) in paragraph (5), by inserting ``the Great Lakes Restoration Initiative Action Plan based on'' after ``in support of''; and
(3) by striking subsection (c) and inserting the following:
``(c) Continued Monitoring and Assessment of Study Findings and Recommendations.--The Director--
``(1) shall continue to monitor the status, and the assessment, management, and restoration needs, of the fish and wildlife resources of the Great Lakes Basin; and
``(2) may reassess and update, as necessary, the findings and recommendations of the Report.''.
(f) Authorization of Appropriations.--Section 1009 (16 U.S.C. 941g) is amended--
(1) in the matter preceding paragraph (1), by striking
``2007 through 2012'' and inserting ``2016 through 2021'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``$14,000,000'' and inserting ``$6,000,000'';
(B) in subparagraph (A), by striking ``$4,600,000'' and inserting ``$2,000,000''; and
(C) in subparagraph (B), by striking ``$700,000'' and inserting ``$300,000''; and
(3) in paragraph (2), by striking ``the activities of'' and all that follows through ``section 1007'' and inserting ``the activities of the Upper Great Lakes Fish and Wildlife Conservation Offices and the Lower Great Lakes Fish and Wildlife Conservation Office under section 1007''.
(g) Conforming Amendment.--Section 8 of the Great Lakes Fish and Wildlife Restoration Act of 2006 (16 U.S.C. 941 note; Public Law 109-326) is repealed.
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SA 4986. Mr. PAUL submitted an amendment intended to be proposed by him 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 appropriate place, insert the following:
Sec. __. (a) Congress finds that neither the 2001 Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) or the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) authorize the use of military force against the Islamic State in Iraq and al-Sham (ISIS).
(b) It is the sense of Congress that the President, unless acting out of self-defense or to address an imminent threat to the United States, is not authorized to conduct military operations against ISIS without explicit authorization for the use of such force, and Congress should debate and pass such an authorization.
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SA 4987. Mr. JOHNSON (for himself and Ms. Baldwin) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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__. STUDY ON OWNERSHIP OF NEENAH DAM, WISCONSIN.
The Secretary shall conduct a study to determine if it is in the interest of the Federal Government and the Secretary to assume ownership of the Neenah Dam, Fox River, Wisconsin.
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SA 4988. Mr. HOEVEN submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 VIII, add the following:
SEC. 80___. PATTERSON LAKE LAND CONVEYANCES.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means Dickinson Parks & Recreation in Dickinson, North Dakota (or a successor in interest to that entity).
(2) Dickinson reservoir.--The term `` `Dickinson Reservoir'
'' means the Dickinson Reservoir constructed as part of the Dickinson Unit, Heart Division, Pick-Sloan Missouri Basin Program, as authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665).
(3) Permittee.--The term ``permittee'' means the holder of a permit for a property.
(4) Property.--The term ``property'' means any 1 of the cabin sites located on Federal property around the Dickinson Reservoir for which a permit is in effect on the date of enactment of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation.
(b) Purchase of Property by Permittee; Transfers to Department.--
(1) Option.--The Secretary shall provide to the permittee of a property the first option to purchase that property for fair market value in accordance with paragraph (2).
(2) Purchase.--
(A) In general.--On an election by a permittee to exercise the option to purchase a property pursuant to paragraph (1), the Secretary shall convey to the permittee, for fair market value--
(i) all right, title, and interest of the United States in and to the property, subject to valid existing rights; and
(ii) easements for--
(I) vehicular access to the property;
(II) access to, and use of, a dock for the property; and
(III) access to, and use of, all boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit for use of the property as of the date of enactment of this Act.
(B) Period for conveyance.--The Secretary shall convey to a permittee a property pursuant to subparagraph (A) during the period--
(i) beginning on the date that is 1 year after the date of enactment of this Act; and
(ii) ending on the date that is 2 years after that date of enactment.
(C) Disputes regarding fair market value.--Any dispute regarding the fair market value of a property shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations (or successor regulations).
(3) Transfers to department.--
(A) Failure to purchase.--If a permittee fails to exercise the option to purchase a property under paragraph (2) by the date that is 2 years after the date of enactment of this Act, the Secretary shall transfer the property to the Department, without cost.
(B) Certain other land.--Effective beginning on the date that is 2 years after the date of enactment of this Act, the Secretary shall transfer to the Department, without cost, any Federal land, as of that date--
on which no cabin is located.
(c) Oil, Gas, Mineral, and Other Outstanding Rights.--Each conveyance to a permittee, and each transfer to the Department, pursuant to subsection (b), shall be made subject to--
(1) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by, or in favor of, a third party; and
(2) any permit, license, lease, right-of-use, or right-of-way of record in, on, over, or across the applicable property or land that is outstanding to a third party as of the date of enactment of this Act.
(d) Release From Liability.--
(1) In general.--Effective on the date of conveyance or transfer of any property or land under this section, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the property or land, except for damages for acts of negligence committed by the United States or an employee, agent, or contractor of the United States before the date of conveyance.
(2) No additional liability.--Nothing in this section affects any liability of the United States under chapter 171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
(e) Requirements Relating to Conveyances and Transfers.--
(1) Interim requirements.--During the period beginning on the date of enactment of this Act and ending on the date of conveyance or transfer of a property or land, the provisions of the document entitled ``Management Agreement between the Bureau of Reclamation, et al., for the Development, Management, Operation, and Maintenance of Lands and Recreation Facilities at Dickinson Reservoir'' that are applicable to the property or land shall remain in force and effect.
(2) Legal descriptions.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Department, shall provide to the Department a legal description of all properties and land that may be conveyed or transferred pursuant to this section.
(f) Proceeds From Sales of Federal Land.--Any revenues from a sale of Federal land pursuant to this section shall be made available to the Secretary, without further appropriation, for--
(1) the costs to the Secretary of carrying out this section; and
(2) deferred maintenance activities relating to the operation of the dam in the Dickinson Reservoir.
SEC. 80___. USE OF TRAILER HOMES AT HEART BUTTE DAM AND
RESERVOIR (LAKE TSCHIDA).
(a) Definitions.--In this section:
(1) Addition.--The term ``addition'' means any enclosed structure added onto the structure of a trailer home that increases the living area of the trailer home.
(2) Camper or recreational vehicle.--The term ``camper or recreational vehicle'' includes--
(A) a camper, motorhome, trailer camper, bumper hitch camper, fifth wheel camper, or equivalent mobile shelter; and
(B) a recreational vehicle.
(3) Immediate family.--The term ``immediate family'' means a spouse, grandparent, parent, sibling, child, or grandchild.
(4) Permit.--The term ``permit'' means a permit issued by the Secretary authorizing the use of a lot in a trailer area.
(5) Permit year.--The term ``permit year'' means the period beginning on April 1 of a calendar year and ending on March 31 of the following calendar year.
(6) Permittee.--The term ``permittee'' means a person holding a permit.
(7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation.
(8) Trailer area.--The term ``trailer area'' means any of the following areas at Heart Butte Dam and Reservoir (Lake Tschida) (as described in the document of the Bureau of Reclamation entitled ``Heart Butte Reservoir Resource Management Plan'' (March 2008)):
(A) Trailer Area 1 and 2, also known as Management Unit 034.
(B) Southside Trailer Area, also known as Management Unit 014.
(9) Trailer home.--The term ``trailer home'' means a dwelling placed on a supporting frame that--
(A) has or had a tow-hitch; and
(B) is made mobile, or is capable of being made mobile, by an axle and wheels.
(b) Permitted Use.--
(1) In general.--Subject to the requirements of this section, on request by a permittee, the Secretary shall issue a 5-year permit for the use of a lot in a trailer area as described in paragraphs (2) and (3).
(2) Trailer homes.--With respect to a trailer home, a permit for each permit year shall authorize the permittee--
(A) from April 1 to October 31--
(i) to park the trailer home on the lot;
(ii) to use the trailer home on the lot; and
(iii) to physically move the trailer home on and off the lot; and
(B) at any time during the permit year--
(i) to leave the trailer home parked on the lot; and
(ii) to leave on the lot any addition, deck, porch, entryway, step to the trailer home, propane tank, or storage shed.
(3) Campers or recreational vehicles.--With respect to a camper or recreational vehicle, a permit shall, for each permit year--
(A) from April 1 to October 31, authorize the permittee--
(i) to park the camper or recreational vehicle on the lot;
(ii) to use the camper or recreational vehicle on the lot; and
(iii) to move the camper or recreational vehicle on and off the lot; and
(B) from November 1 to March 31, require a permittee to remove the camper or recreational vehicle from the lot.
(c) Renewal of Permits.--
(1) In general.--Subject to paragraph (2), when a permit expires, on request by the permittee, the Secretary shall renew the permit for an unlimited number of additional 5-year terms.
(2) Requirement for trailer homes.--The Secretary shall require removal of a trailer home in a trailer area if the trailer home has been flooded a majority of the years during any 5-year permit period.
(3) Removal and new use.--If the Secretary requires removal of a trailer home under paragraph (2), on request by the permittee, the Secretary shall authorize the permittee--
(A) to remain on the lot; and
(B) to replace the trailer home with a camper or recreational vehicle.
(d) Transfer of Permits.--
(1) Transfer of trailer home title.--If a permittee transfers title to a trailer home permitted on a lot in a trailer area, the Secretary shall issue a permit to the transferee, subject to the conditions described in paragraph
(3).
(2) Transfer of camper or recreational vehicle title.--If a permittee who has a permit to use a camper or recreational vehicle on a lot in a trailer area transfers title to the interests of the permittee on or to the lot, the Secretary shall issue a permit to the transferee, subject to the conditions described in paragraph (3).
(3) Conditions.--A permit issued by the Secretary under paragraph (1) or (2) shall be subject to the following conditions:
(A) A permit may not be held in the name of a corporation.
(B) A permittee may not have an interest in, or control of, more than 1 seasonal trailer home site in the Great Plains Region of the Bureau of Reclamation, inclusive of sites located on tracts permitted to organized groups on Reclamation reservoirs.
(C) Not more than 2 persons may be permittees under 1 permit, unless--
(i) approved by the Secretary; or
(ii) the additional persons are immediate family members of the permittees.
(e) Anchoring Requirements for Trailer Homes.--
(1) In general.--The Secretary shall require compliance with--
(A) for each trailer home in a trailer area (other than a trailer home described in paragraph (2)(B)), the anchoring requirements described in paragraph (2)(A); and
(B) for other objects on a lot in a trailer area, the anchoring requirements described in paragraph (3).
(2) Anchoring requirements described.--
(A) In general.--For trailer homes other than the trailer homes described in subparagraph (B), the anchoring requirements referred to in paragraph (1)(A) are the following:
(i) For a trailer home that is fewer than 50 feet in length, a minimum of 6 frame ties per side shall be provided, to be located as follows:
(I) One frame tie at each corner.
(II) The remaining frame ties at intermediate locations.
(ii) For a trailer home that is 50 feet or more in length, a minimum of 7 frame ties per side shall be provided, to be located as follows:
(I) One frame tie at each corner.
(II) The remaining frame ties at intermediate locations.
(iii) If the quantity of frame ties and over-the-top ties provided on a trailer home by the trailer home manufacturer is in excess of the minimum quantity required under clause
(i) or (ii), as applicable, the total quantity provided by the trailer home manufacturer shall be used.
(iv) If an over-the-top tie is located directly above a frame tie, both the over-the-top tie and the frame tie may be fastened to the same anchor.
(v)(I) Each frame tie shall connect the anchor to the main structural frame that runs lengthwise under the trailer home.
(II) Any tie made to an outrigger beam shall not be credited to the minimum quantity of frame ties required in clause (i) or (ii), as applicable.
(vi) With respect to each flat steel strap used as a tie--
(I) the steel strap shall--
(aa) be 1.25 inches by .035 inch, with a minimum breaking strength of 4,800 pounds; and
(bb) be--
(AA) fastened to a ground anchor, and fastened in such a manner that will not cause distortion on the strap or reduce the breaking strength of the strap; and
(BB) drawn tight with 1 or more galvanized fasteners or connectors and a tensioning device;
(II) any sharp edge of the trailer home that would tend to cut the steel strap shall be protected by a suitable device to prevent cutting; and
(III) if necessary, the steel strap shall be prevented from knifing through the trailer home.
(vii) Each ground anchor shall be of the auger-type, at least 48 inches long, and equipped with at least 1 helix having a minimum diameter of at least 6 inches.
(viii) Each ground anchor shall have--
(I) at least a \3/4\-inch steel shaft;
(II) a fastener or connector and a tensioning device; and
(III) a minimum breaking strength of 4,800 pounds.
(B) Alternative anchoring requirements for trailer homes.--A trailer home shall not be required to comply with the anchoring requirements described in subparagraph (A) if--
(i)(I) the trailer home was or is installed after 2005; and
(II) the installation complied with and continues to comply with foundation installation requirements of the Department of Housing and Urban Development (as in effect at the time of the installation); or
(ii) the anchoring system of the trailer home is certified to be of equal or better strength than the system described in subparagraph (A), as determined by a person qualified to make such a certification.
(3) Additional anchoring requirements.--
(A) Additions to trailer homes.--
(i) In general.--Each addition to a trailer home subject to the anchoring requirements described in paragraph (2)(A) shall be anchored in accordance with the applicable requirements described in that paragraph.
(ii) Alternative requirements.--Each addition to a trailer home subject to the anchoring requirements described in paragraph (2)(B)(ii) shall be anchored in accordance with the requirements described in that paragraph.
(B) Other objects.--Each deck, porch, entryway, step, propane tank, and storage shed on a lot in a trailer area shall be anchored in a secure and practical manner.
(f) Replacement Removal and Return.--
(1) Replacement.--Permittees may replace their trailer home with another trailer home.
(2) Removal and return.--Permittees may--
(A) remove their trailer home; and
(B) if the permittee removes their trailer home under subparagraph (A), return the trailer home to the lot of the permittee.
(g) Liability.--The United States shall not be liable for damages arising out of any act, omission, or occurrence relating to a lot to which a permit applies, other than for damages caused by an act or omission of the United States or an employee, agent, or contractor of the United States before the date of enactment of this Act.
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SA 4989. Mr. MARKEY (for himself and Ms. Warren) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 II, add the following:
SEC. 20___. REGIONAL SEDIMENT MANAGEMENT.
Section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326) is amended--
(1) in subsection (a)(1)--
(A) by striking ``For sediment'' and inserting the following:
``(A) In general.--For sediment'';
(B) in subparagraph (A) (as designated by subparagraph
(A))--
(i) by striking ``an authorized'' and inserting ``any type of authorized''; and
(ii) by striking ``at locations'' and inserting ``at nearshore or onshore locations''; and
(C) by adding at the end the following:
``(B) Sediment from other federal sources and non-federal sources.--For purposes of projects carried out under this section, the Secretary may include sediment from other Federal sources and non-Federal sources, subject to the requirement that any sediment obtained from a non-Federal source shall not be obtained at Federal expense.''; and
(2) in subsection (c), by adding at the end the following:
``(3) Appropriate application of non-federal responsibilities.--
``(A) Definition of period of analysis.--In this paragraph, the term `period of analysis', with respect to a project under this section, means the period--
``(i) beginning on the date of implementation of the project; and
``(ii) ending on the date on which the project no longer produces the beneficial outputs for which the project was designed.
``(B) Requirement.--For any project under this section, the Secretary shall ensure that the non-Federal requirements described in subsections (a)(1)(B), (b)(1), and (i) of section 103 of the Water Resources Development Act of 1986
(33 U.S.C. 2213) shall apply to the project only during the period of analysis of the project.''.
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SA 4990. Mr. MARKEY (for himself, Ms. Warren, Ms. Stabenow, and Mr. Peters) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 II, add the following:
SEC. 20__. EDUCATION AND RESEARCH HARBORS.
(a) Definition of Eligible Harbor.--The term ``eligible harbor'' means a harbor that supports or will support a federally owned vessel operated by--
(1) a State maritime academy (as defined in section 51102 of title 46, United States Code); or
(2) a non-Federal oceanographic research facility.
(b) Establishment of Program.--The Secretary may establish a program to provide assistance to a non-Federal interest for a project relating to an eligible harbor.
(c) Form of Assistance.--A non-Federal interest may receive assistance for a project for--
(1) the construction and maintenance dredging of an eligible harbor;
(2) the construction, installation, or maintenance of infrastructure in an eligible harbor, including bulkheads, aprons, and piles;
(3) the construction and maintenance dredging of a berth in an eligible harbor; or
(4) the construction and maintenance dredging providing access from an eligible harbor to the nearest navigation channel or deep water.
(d) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement (referred to in this subsection as an
``agreement'') with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.
(2) Requirements.--An agreement entered into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.
(B) Legal and institutional structures.--Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--Except as otherwise provided in this paragraph, the Federal share of project costs for a project under this section--
(i) shall not exceed 50 percent; and
(ii) may be in the form of grants or reimbursements of project costs.
(B) Credit for design work.--The non-Federal interest shall receive credit for the reasonable costs of design work completed by the non-Federal interest before entering into an agreement with the Secretary for a project.
(C) Credit for interest.--In the case of a delay in the funding of the Federal share of the costs of a project under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the Federal share of the project costs.
(D) Land, easements, rights-of-way, and relocations.--The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations provided by the non-Federal interest toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of the total project cost.
(E) Operation and maintenance.--The non-Federal share of operation and maintenance costs for a project under this section shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law
(including regulations) that would otherwise apply to a project under this section.
(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section for each fiscal year an amount not greater than $5,000,000, to remain available until expended.
______
SA 4991. Mr. MERKLEY (for himself and Mr. Wyden) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 7206. LOAN FORGIVENESS FOR LOCAL IRRIGATION DISTRICTS.
Subsection (j)(1) of section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) (as redesignated by section 7202(b)(1)(A)(ii)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``to a municipality or an intermunicipal, interstate, or State agency'' and inserting ``to an eligible recipient''; and
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ``in assistance to a municipality or intermunicipal, interstate, or State agency'' before ``to benefit''.
______
SA 4992. Mr. WYDEN (for himself, Mr. Sullivan, Mr. Merkley, and Ms. Hirono) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 II, add the following:
SEC. 20__. EMERGING HARBOR PROJECTS.
Section 210(c)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)(3)) (as amended by section 2009) is amended by striking ``2012'' and inserting ``2015''.
______
SA 4993. Mr. McCAIN (for himself, Mr. Cotton, Mr. Barrasso, Mr. Sasse, Mr. Flake, and Mr. Johnson) submitted an amendment intended to be proposed by him 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 appropriate place, insert the following:
SEC. __. MODIFICATIONS TO EXEMPTION FROM REQUIREMENT TO
MAINTAIN HEALTH COVERAGE.
(a) Exemption for Individuals in Areas With Fewer Than 2 Issuers Offering Plans on an Exchange.--Section 5000A(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
``(6) Individuals in areas with fewer than 2 issuers offering plans on an exchange.--
``(A) In general.--Any applicable individual for any period during a calendar year if there are fewer than 2 health insurance issuers offering qualified health plans on an Exchange for such period in the county in which the applicable individual resides.
``(B) Aggregation rules.--For purposes of subparagraph (A), all health insurance issuers treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single health insurance issuer.''.
(b) Effective Date.--The amendments made by this section shall apply to months beginning after the date of the enactment of this Act.
______
SA 4994. Mr. BURR (for himself and Mr. Tillis) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 VIII, add the following:
SEC. 80__. RECREATIONAL ACCESS OF FLOATING CABINS.
The Tennessee Valley Authority Act of 1933 is amended by inserting after section 9a (16 U.S.C. 831h-1) the following:
``SEC. 9B. RECREATIONAL ACCESS.
``(a) Definition of Floating Cabin.--In this section, the term `floating cabin' means a watercraft or other floating structure--
``(1) primarily designed and used for human habitation or occupation; and
``(2) not primarily designed or used for navigation or transportation on water.
``(b) Recreational Access Permitted.--The Board may approve and allow the construction and use of a floating cabins on waters under the jurisdiction of the Corporation if--
``(1) the floating cabin is maintained by the owner to reasonable health, safety, and environmental standards, as required by the Board; and
``(2) the Corporation has authorized the use of recreational vessels on the waters.
``(c) Fees.--The Board may assess fees on the owner of a floating cabin on waters under the jurisdiction of the Corporation for the purpose of ensuring compliance with subsection (b) if the fees are necessary and reasonable for those purposes.
``(d) Continued Recreational Use.--With respect to a floating cabin located on waters under the jurisdiction of the Corporation on the date of enactment of this section, the Board--
``(1) may not require the removal of the floating cabin--
``(A) in the case of a floating cabin that was granted a permit by the Corporation before the date of enactment of this section, for a period of 15 years beginning on that date of enactment; and
``(B) in the case of a floating cabin not granted a permit by the Corporation before the date of enactment of this section, for a period of 5 years beginning on that date of enactment; and
``(2) shall approve and allow the use of the floating cabin on waters under the jurisdiction of the Corporation at such time and for such duration as--
``(A) the floating cabin meets the requirements of subsection (b); and
``(B) the owner of the floating cabin has paid any fee assessed pursuant to subsection (c).''.
______
SA 4995. Mr. BLUNT submitted an amendment intended to be proposed by him 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__. TABLE ROCK LAKE, MISSOURI.
(a) In General.--Notwithstanding any other provision of law, the Secretary--
(1) shall extend the public comment period for the Table Rock Lake Master Plan revision; and
(2) shall not finalize the revision for the Table Rock Lake Master Plan during the 5-year period beginning on the date of enactment of this Act.
(b) Shoreline Use Permits.--During the period described in subsection (a)(2), the Secretary shall lift or suspend the moratorium on issuance of shoreline use permits for Table Rock Lake.
(c) Study.--
(1) In general.--The Secretary shall--
(A) carry out a study on the need to revise permit fees relating to Table Rock Lake to better reflect the cost of issuing those fees and achieve cost savings; and
(B) submit to Congress a report on the results of the study described in subparagraph (A).
(2) Requirement.--The Secretary shall complete the study under paragraph (1)(A) before adopting any revision to the Table Rock Lake Shoreline Management Plan.
______
SA 4996. Mrs. FISCHER (for herself, Mrs. Ernst, Mr. Roberts, Mr. Boozman, Mr. Risch, Mr. Sasse, and Mr. Crapo) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 VIII, add the following:
SEC. 8___. SPILL PREVENTION, CONTROL, AND COUNTERMEASURE
RULE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.
(2) Farm.--The term ``farm'' has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or a successor regulation).
(3) Gallon.--The term ``gallon'' means a United States liquid gallon.
(4) History of a spill.--The term ``history of a spill'' has the meaning given the term ``reportable oil discharge history'' in section 1049(a) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 1361 note; Public Law 113-121).
(5) Spill prevention, control, and countermeasure rule.--The term ``spill prevention, control, and countermeasure rule'' means the regulations promulgated by the Administrator under part 112 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(b) Applicability of Spill Prevention, Control, and Countermeasure Rule.--
(1) In general.--In implementing the spill prevention, control, and countermeasure rule with respect to any farm, the Administrator shall--
(A) require a certification of compliance with the spill prevention, control, and countermeasure rule by--
(i) a professional engineer for a farm with--
(I) an individual tank with an aboveground storage capacity that is greater than 10,000 gallons;
(II) an aggregate aboveground storage capacity that is not less than 42,000 gallons; or
(III) a history of a spill; or
(ii) the owner or operator of the farm (via self-certification) for a farm with--
(I) an aggregate aboveground storage capacity that is--
(aa) greater than 10,000 gallons; and
(bb) less than 42,000 gallons; and
(II) no history of a spill; and
(B) exempt from all requirements of the spill prevention, control, and countermeasure rule any farm with--
(i) an aggregate aboveground storage capacity that is not greater than 10,000 gallons; and
(ii) no history of a spill.
(2) Calculation of aboveground storage capacity.--
(A) In general.--For purposes of paragraph (1), the calculation of the aggregate aboveground storage capacity of a farm shall not include any container on a separate parcel with a capacity that is less than 1,320 gallons.
(B) Animal feed ingredients.--For purposes of paragraph
(1), the calculations of the aggregate aboveground storage capacity of a farm and the aboveground storage capacity of an individual tank on a farm shall not include any container holding animal feed ingredients that are approved by the Commissioner of Food and Drugs for use in livestock feed.
______
SA 4997. Mr. McCAIN (for himself and Mr. Flake) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 VIII, add the following:
SEC. 8___. INTERNATIONAL OUTFALL INTERCEPTOR REPAIR,
OPERATIONS, AND MAINTENANCE.
Notwithstanding any other provision of law, including the memorandum of agreement between the United States Section of the International Boundary and Water Commission and the City of Nogales, Arizona, dated January 20, 2006, the United States Section of the International Boundary and Water Commission shall be the sole entity responsible for the repair, operating costs, and maintenance of the international outfall interceptor and the Nogales wash, located in Nogales, Arizona.
______
SA 4998. Mr. KIRK (for himself, Ms. Klobuchar, Mr. Portman, Mr. Durbin, Mr. Johnson, Mr. Donnelly, Mr. Brown, Ms. Stabenow, Ms. Baldwin, and Mr. Franken) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 II, add the following:
SEC. 20__. GREAT LAKES NAVIGATION SYSTEM.
Section 210(c)(4) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)(4)) is amended--
(1) by striking ``To sustain'' and inserting the following:
``(A) In general.--To sustain''; and
(2) by adding at the end the following:
``(B) Funding.--Notwithstanding any other provision of this subsection, in making expenditures under paragraph (1) for each of fiscal years 2015 through 2024, the Secretary shall allocate for operation and maintenance costs of projects within the Great Lakes Navigation System an amount that is not less than 10 percent of the funds made available under this section for fiscal year 2015 to pay the costs described in subsection (a)(2).''.
______
SA 4999. Mr. BOOZMAN submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 VIII, add the following:
SEC. 80___. EXEMPTION OF RURAL WATER PROJECTS FROM CERTAIN
RENTAL FEES.
Section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)) is amended in the eighth sentence by inserting ``and for any rural water project serving fewer than 3,300 individuals that is federally financed (including a project that receives Federal funds under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or from a State drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12))'' after ``such facilities''.
______
SA 5000. Mr. MARKEY (for himself and Ms. Warren) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 section 5001, add the following:
(i) Essex River, Massachusetts.--
(1) In general.--The portions of the project for navigation, Essex River, Massachusetts, authorized by the first section of the Act of July 13, 1892 (27 Stat. 96, chapter 158), and modified by the first section of the Act of March 3, 1899 (30 Stat. 1133, chapter 425), and the first section of the Act of March 2, 1907 (34 Stat. 1075, chapter 2509), that do not lie within the areas described in paragraph (2) are no longer authorized beginning on the date of enactment of this Act.
(2) Areas described.--The areas described in this paragraph are--
(A) beginning at a point N. 3056139.82, E. 851780.21;
(B) running southwesterly about 156.88 feet to a point N. 3055997.75, E. 851713.67;
(C) running southwesterly about 64.59 feet to a point N. 3055959.37, E. 851661.72;
(D) running southwesterly about 145.14 feet to a point N. 3055887.10, E. 851535.85;
(E) running southwesterly about 204.91 feet to a point N. 3055855.12, E. 851333.45;
(F) running northwesterly about 423.50 feet to a point N. 3055976.70, E. 850927.78;
(G) running northwesterly about 58.77 feet to a point N. 3056002.99, E. 850875.21;
(H) running northwesterly about 240.57 feet to a point N. 3056232.82, E. 850804.14;
(I) running northwesterly about 203.60 feet to a point N. 3056435.41, E. 850783.93;
(J) running northwesterly about 78.63 feet to a point N. 3056499.63, E. 850738.56;
(K) running northwesterly about 60.00 feet to a point N. 3056526.30, E. 850684.81;
(L) running southwesterly about 85.56 feet to a point N. 3056523.33, E. 850599.31;
(M) running southwesterly about 36.20 feet to a point N. 3056512.37, E. 850564.81;
(N) running southwesterly about 80.10 feet to a point N. 3056467.08, E. 850498.74;
(O) running southwesterly about 169.05 feet to a point N. 3056334.36, E. 850394.03;
(P) running northwesterly about 48.52 feet to a point N. 3056354.38, E. 850349.83;
(Q) running northeasterly about 83.71 feet to a point N. 3056436.35, E. 850366.84;
(R) running northeasterly about 212.38 feet to a point N. 3056548.70, E. 850547.07;
(S) running northeasterly about 47.60 feet to a point N. 3056563.12, E. 850592.43;
(T) running northeasterly about 101.16 feet to a point N. 3056566.62, E. 850693.53;
(U) running southeasterly about 80.22 feet to a point N. 3056530.97, E. 850765.40;
(V) running southeasterly about 99.29 feet to a point N. 3056449.88, E. 850822.69;
(W) running southeasterly about 210.12 feet to a point N. 3056240.79, E. 850843.54;
(X) running southeasterly about 219.46 feet to a point N. 3056031.13, E. 850908.38;
(Y) running southeasterly about 38.23 feet to a point N. 3056014.02, E. 850942.57;
(Z) running southeasterly about 410.93 feet to a point N. 3055896.06, E. 851336.21;
(AA) running northeasterly about 188.43 feet to a point N. 3055925.46, E. 851522.33;
(BB) running northeasterly about 135.47 feet to a point N. 3055992.91, E. 851639.80;
(CC) running northeasterly about 52.15 feet to a point N. 3056023.90, E. 851681.75; and
(DD) running northeasterly about 91.57 feet to a point N. 3056106.82, E. 851720.59.
______
SA 5001. Mr. SANDERS submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 VIII, add the following:
SEC. 80___. LAKE OAHE EASEMENT.
The Secretary shall not grant an easement for the Lake Oahe crossing for the Dakota Access Pipeline until the date on which an environmental impact statement with respect to the easement is completed.
______
SA 5002. Mr. HATCH (for himself and Mr. Lee) submitted an amendment intended to be proposed by him 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 VIII, add the following:
SEC. 8___. PREPAYMENT OF CERTAIN REPAYMENT OBLIGATIONS UNDER
CONTRACTS BETWEEN THE UNITED STATES AND THE
WEBER BASIN WATER CONSERVANCY DISTRICT.
(a) Definitions.--In this section:
(1) Covered contract.--
(A) In general.--The term ``covered contract'' means the repayment contract numbered 14-06-400-33 between the United States and the Weber Basin Water Conservancy District, dated December 12, 1952, which provides for the repayment of Weber Basin Project construction costs allocated to irrigation and municipal and industrial purposes for which repayment is provided pursuant to the contract under terms and conditions similar to the terms and conditions used in implementing the prepayment provisions in section 210 of the Central Utah Project Completion Act (Public Law 102-575; 106 Stat. 4624).
(B) Inclusions.--The term ``covered contract'' includes--
(i) any amendments and supplements to the contract described in subparagraph (A); and
(ii) any applicable contracts related to the contract described in subparagraph (A).
(2) District.--The term ``District'' means the Weber Basin Water Conservancy District.
(b) Authorization of Prepayment.--The Secretary of the Interior shall allow for the prepayment of Central Utah Project, Bonneville Unit, repayment obligations under the covered contract.
(c) Requirements and Authorities.--The prepayment authorized under subsection (b)--
(1) shall result in the United States recovering the net present value of all repayment streams that would have been payable to the United States if this section was not in effect;
(2) may be provided in several installments;
(3) may not be adjusted on the basis of the type of prepayment financing used by the District; and
(4) shall be made in a manner that provides that total repayment is made not later than September 30, 2026.
______
SA 5003. Ms. MURKOWSKI (for herself and Mr. Sullivan) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 appropriate place, insert the following:
SEC. ____. REAUTHORIZATION OF DENALI COMMISSION.
(a) Administration.--Section 303 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
(1) in subsection (c)--
(A) in the first sentence, by striking ``The Federal Cochairperson'' and inserting the following:
``(1) Term of federal cochairperson.--The Federal Cochairperson'';
(B) in the second sentence, by striking ``All other members'' and inserting the following:
``(3) Term of all other members.--All other members'';
(C) in the third sentence, by striking ``Any vacancy'' and inserting the following:
``(4) Vacancies.--Except as provided in paragraph (2), any vacancy''; and
(D) by inserting before paragraph (3) (as designated by subparagraph (B)) the following:
``(2) Interim federal cochairperson.--In the event of a vacancy for any reason in the position of Federal Cochairperson, the Secretary may appoint an Interim Federal Cochairperson, who shall have all the authority of the Federal Cochairperson, to serve until such time as the vacancy in the position of Federal Cochairperson is filled in accordance with subsection (b)(2)).''; and
(2) by adding at the end the following:
``(f) No Federal Employee Status.--No member of the Commission, other than the Federal Cochairperson, shall be considered to be a Federal employee for any purpose.
``(g) Conflicts of Interest.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), no member of the Commission (referred to in this subsection as a `member') shall participate personally or substantially, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract claim, controversy, or other matter in which, to the knowledge of the member, 1 or more of the following has a direct financial interest:
``(A) The member.
``(B) The spouse, minor child, or partner of the member.
``(C) An organization described in subparagraph (B), (C),
(D), (E), or (F) of subsection (b)(1) for which the member is serving as officer, director, trustee, partner, or employee.
``(D) Any individual, person, or organization with which the member is negotiating or has any arrangement concerning prospective employment.
``(2) Disclosure.--Paragraph (1) shall not apply if the member--
``(A) immediately advises the designated agency ethics official for the Commission of the nature and circumstances of the matter presenting a potential conflict of interest;
``(B) makes full disclosure of the financial interest; and
``(C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the designated agency ethics official for the Commission that the interest is not so substantial as to be likely to affect the integrity of the services that the Commission may expect from the member.
``(3) Annual disclosures.--Once per calendar year, each member shall make full disclosure of financial interests, in a manner to be determined by the designated agency ethics official for the Commission.
``(4) Training.--Once per calendar year, each member shall undergo disclosure of financial interests training, as prescribed by the designated agency ethics official for the Commission.
``(5) Violation.--Any person that violates this subsection shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.''.
(b) Authorization of Appropriations.--
(1) In general.--Section 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (as redesignated by section 1960(1) of SAFETEA-LU (Public Law 109-59; 119 Stat. 1516)) is amended, in subsection (a), by striking ``under section 4 under this Act'' and all that follows through ``2008'' and inserting ``under section 304,
$20,000,000 for fiscal year 2017, and such sums as are necessary for each of fiscal years 2018 through 2021.''.
(2) Clerical amendment.--Section 310 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) (as redesignated by section 1960(1) of SAFETEA-LU
(Public Law 109-59; 119 Stat. 1516)) is redesignated as section 312.
______
SA 5004. Mrs. GILLIBRAND submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 subtitle A of title VII, add the following:
SEC. 71__. MONITORING FOR UNREGULATED CONTAMINANTS.
Section 1445 of the Safe Drinking Water Act (42 U.S.C. 300j-4) is amended--
(1) in subsection (a)(2)--
(A) by striking subparagraph (A) and inserting the following:
``(A) Establishment.--
``(i) In general.--The Administrator shall promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants for all public water systems, regardless of the number of people served by a public water system.
``(ii) Requirements.--In promulgating regulations under clause (i), the Administrator shall--
``(I) require the monitoring of drinking water supplied by public water systems; and
``(II) vary the frequency and schedule for monitoring requirements for public water systems based on--
``(aa) the number of people served by a public water system;
``(bb) the source of the water supply; and
``(cc) the contaminants likely to be found in the water supply.''; and
(B) in subparagraph (C), by striking ``(i) In general'' and all that follows through ``(ii) Grants for small system costs--''; and
(2) in subsection (g), by striking paragraph (7) and inserting the following:
``(7) Unregulated contaminants.--With respect to contaminants for which a national primary drinking water regulation has not been established, the data base shall include--
``(A) monitoring information collected by public water systems under subsection (a); and
``(B) other reliable and appropriate monitoring information on the occurrence of the contaminants in public water systems that is available to the Administrator.''.
______
SA 5005. Ms. MURKOWSKI (for herself and Mr. Sullivan) submitted an amendment intended to be proposed by her 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 appropriate place, insert the following:
SEC. _____. KING COVE.
(a) Finding.--Congress finds that the land exchange required under this section (including the designation of the road corridor and the construction of the road along the road corridor) is in the public interest.
(b) Definitions.--In this section:
(1) Federal land.--
(A) In general.--The term ``Federal land'' means the approximately 206 acres of Federal land located within the Refuge as depicted on the map entitled ``Project Area Map'' and dated September 2012.
(B) Inclusion.--The term ``Federal land'' includes the 131 acres of Federal land in the Wilderness, which shall be used for the road corridor along which the road is to be constructed in accordance with subsection (c)(2)(B).
(2) Non-federal land.--The term ``non-Federal land'' means the approximately 43,093 acres of land owned by the State as depicted on the map entitled ``Project Area Map'' and dated September 2012.
(3) Refuge.--The term ``Refuge'' means the Izembek National Wildlife Refuge in the State.
(4) Road corridor.--The term ``road corridor'' means the road corridor designated under subsection (c)(2)(A).
(5) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
(6) State.--The term ``State'' means the State of Alaska.
(7) Wilderness.--The term ``Wilderness'' means the Izembek Wilderness designated by section 702(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note; Public Law 96-487).
(c) Land Exchange Required.--
(1) In general.--If the State offers to convey to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land.
(2) Use of federal land.--The Federal land shall be conveyed to the State for the purposes of--
(A) designating a road corridor through the Refuge; and
(B) constructing a single-lane gravel road along the road corridor subject to the requirements in subsection (e).
(3) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Federal land and the non-Federal land to be exchanged under this subsection--
(i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or
(ii) if not equal, shall be equalized in accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--As soon as practicable after the date of enactment of this Act, the Secretary and State shall select an appraiser to conduct appraisals of the Federal land and non-Federal land.
(ii) Requirements.--The appraisals required under clause
(i) shall be conducted in accordance with nationally recognized appraisal standards, including--
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(II) the Uniform Standards of Professional Appraisal Practice.
(C) Equalization.--
(i) Surplus of federal land.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land to be conveyed under the land exchange under this subsection, the value of the Federal land and non-Federal land shall be equalized--
(I) by conveying additional non-Federal land in the State to the Secretary, subject to the approval of the Secretary;
(II) by the State making a cash payment to the United States; or
(III) by using a combination of the methods described in subclauses (I) and (II).
(ii) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land to be conveyed under the land exchange under this subsection, the value of the Federal land and non-Federal land shall be equalized by the State adjusting the acreage of the non-Federal land to be conveyed.
(iii) Amount of payment.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a payment under clause
(i)(II) in excess of 25 percent of the value of the Federal land conveyed.
(4) Administration.--On completion of the exchange of Federal land and non-Federal land under this subsection--
(A) the boundary of the Wilderness shall be modified to exclude the Federal land; and
(B) the non-Federal land shall be--
(i) added to the Wilderness; and
(ii) administered in accordance with--
(I) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(II) other applicable laws.
(5) Deadline.--The land exchange under this subsection shall be completed not later than 180 days after the date of enactment of this Act.
(d) Route of Road Corridor.--The route of the road corridor shall follow the southern road alignment as described in the alternative entitled ``Alternative 2-Land Exchange and Southern Road Alignment'' in the final environmental impact statement entitled ``Izembek National Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact Statement'' and dated February 5, 2013.
(e) Requirements Relating to Road.--The requirements relating to usage, barrier cables, and dimensions and the limitation on support facilities under subsections (a) and
(b) of section 6403 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1180) shall apply to the road constructed in the road corridor.
(f) Effect.--The exchange of Federal land and non-Federal land and the road to be constructed under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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SA 5006. Mr. WARNER submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 VIII, add the following:
SEC. 8___. GUIDELINES FOR SPECIFICATION OF CERTAIN DISPOSAL
SITES.
Section 404(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1344(b)) is amended--
(1) by striking ``(b) Subject to subsection (c) of this section'' and inserting the following:
``(b) Specification for Disposal Sites.--
``(1) In general.--Subject to subsection (c)'';
(2) by striking ``the Secretary (1) through'' and inserting the following: ``the Secretary--
``(A) through'';
(3) by striking ``section 403(c), and (2) in any case where such guidelines under clause (1) alone'' and inserting the following: ``section 403(c); and
``(B) in any case in which guidelines under subparagraph
(A) alone''; and
(4) by adding at the end the following:
``(2) Limitation.--Guidelines under paragraph (1) may not prohibit the specification of a site due to the lack of a final site plan resulting from the lack of an identified end user or industry or industrial classification for the site when determining whether there is a practicable alternative to a proposed discharge that would result in less adverse impact on the aquatic ecosystem.''.
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SA 5007. Mr. McCAIN (for himself and Mr. Flake) submitted an amendment intended to be proposed to amendment SA 4979 proposed by Mr. Inhofe 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 VIII, add the following:
SEC. 80__. SALT CEDAR REMOVAL PERMIT REVIEWS.
(a) In General.--Except as provided in subsection (b), any action by the Secretary relating to reviewing an application for a permit under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 1899 (commonly known as the ``Rivers and Harbors Appropriation Act of 1899'') (33 U.S.C. 403), and any action by the Director of the United States Fish and Wildlife Service (referred to in this section as the ``Director'') pursuant to section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1536), relating to the mechanized removal of salt cedar from an area that consists of not more than 500 acres shall be completed by the Secretary or the Director, as applicable, by not later than 90 days after the date of receipt of the application.
(b) Exception.--The Secretary may provide to an office conducting a review described in subsection (a) an extension of not longer than an additional 90 days to complete the review, if the Secretary determines that such an extension is warranted.
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