S.Amdt. 1108Senate110th Congress (2007-2009)

S.Amdt. 1108

Sponsored by Carl LevinSen. Carl Levin (D-MI)
Submitted May 14, 2007

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Senate amendment submitted

May 14, 2007

Text

Submitted

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

[[Page S6073]]

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.
(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-

[[Page S6074]]

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.
(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;

[[Page S6075]]

(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 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

[[Page S6076]]

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 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--

[[Page S6077]]

``(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.

____________________