S.Amdt. 1144

TEXT OF AMENDMENTS

SA 1136. Mr. DOMENICI (for himself and Mr. Bingaman) 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 order4ed to lie on the table; as
follows:

On page 200, line 22, insert ``, NEW MEXICO,'' after
``MISSOURI''.
On page 201, line 17, insert ``, New Mexico,'' after
``Missouri''.
On page 202, between lines 19 and 20, insert the following:
(6) Rio Grande Floodway, Albuquerque Unit, New Mexico.
On page 202, line 25, strike ``$50,000,000'' and insert
``$150,000,000''.
______

SA 1137. Mr. LEVIN submitted an amendment intended to be proposed 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; which was
ordered to lie on the table; as follows:

On page 4 strike all from section 5 to the end and insert
the following:

SEC. 5 REDUCTION OF FORCES

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.
______

SA 1138. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 2206, making emergency supplemental appropriations
and additional supplemental appropriations for agricultural and other
emergency assistance for the fiscal year ending September 30, 2007, and
for other purposes; which was ordered to lie on the table; as follows:

On page 91, strike lines 7 through 15 and insert the
following:
Sec. 3301. The Secretary is authorized and directed to
reimburse local governments for expenses the governments have
incurred in storm-proofing pumping stations, constructing
safe houses for operators, and other interim flood control
measures in and around the New Orleans metropolitan area, on
the condition that the Secretary determines those elements of
work and related expenses to be integral to the overall plan
to ensure operability of the stations during hurricanes,
storms, and high water events and the flood control plan for
the area.
______

SA 1139. Mr. WYDEN (for himself, Mr. Bingaman, Mr. Baucus, Mrs.
Boxer, Mr. Tester, Mr. Smith, Ms. Cantwell, Mrs. Murray, Mr. Domenici,
Mr. Craig, and Mr. Reid) submitted an amendment intended to be proposed
by him to the bill H.R. 2206, making emergency supplemental
appropriations and additional supplemental appropriations for
agricultural and other emergency assistance for the fiscal year ending
September 30, 2007, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 2201 of division B and insert the following:

SEC. 2201. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION PROGRAM.

(a) Reauthorization of the Secure Rural Schools and
Community Self-Determination Act of 2000.--The Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 500 note; Public Law 106-393) is amended by striking
sections 1 through 403 and inserting the following:

``SECTION 1. SHORT TITLE.

``This Act may be cited as the `Secure Rural Schools and
Community Self-Determination Act of 2000'.

``SEC. 2. PURPOSES.

``The purposes of this Act are--
``(1) to stabilize and transition payments to counties to
provide funding for schools and roads that supplements other
available funds;
``(2) to make additional investments in, and create
additional employment opportunities through, projects that--
``(A)(i) improve the maintenance of existing
infrastructure;
``(ii) implement stewardship objectives that enhance forest
ecosystems; and
``(iii) restore and improve land health and water quality;
``(B) enjoy broad-based support; and
``(C) have objectives that may include--
``(i) road, trail, and infrastructure maintenance or
obliteration;
``(ii) soil productivity improvement;
``(iii) improvements in forest ecosystem health;
``(iv) watershed restoration and maintenance;
``(v) the restoration, maintenance, and improvement of
wildlife and fish habitat;
``(vi) the control of noxious and exotic weeds; and
``(vii) the reestablishment of native species; and
``(3) to improve cooperative relationships among--
``(A) the people that use and care for Federal land; and
``(B) the agencies that manage the Federal land.

``SEC. 3. DEFINITIONS.

``In this Act:
``(1) Adjusted share.--The term `adjusted share' means the
number equal to the quotient obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by

[[Page S6203]]

``(B) the number equal to the sum of the quotients obtained
under subparagraph (A) and paragraph (8)(A) for all eligible
counties.
``(2) Base share.--The term `base share' means the number
equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in
paragraph (7)(A) in each eligible county; by
``(ii) the total number acres of Federal land in all
eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 25-
percent payments and safety net payments made to each
eligible State for each eligible county during the
eligibility period; by
``(ii) the amount equal to the sum of the amounts
calculated under clause (i) and paragraph (9)(B)(i) for all
eligible counties in all eligible States during the
eligibility period.
``(3) County payment.--The term `county payment' means the
payment for an eligible county calculated under section
101(b).
``(4) Eligible county.--The term `eligible county' means
any county that--
``(A) contains Federal land (as defined in paragraph (7));
and
``(B) elects to receive a share of the State payment or the
county payment under section 102(b).
``(5) Eligibility period.--The term `eligibility period'
means fiscal year 1986 through fiscal year 1999.
``(6) Eligible state.--The term `eligible State' means a
State or territory of the United States that received a 25-
percent payment for 1 or more fiscal years of the eligibility
period.
``(7) Federal land.--The term `Federal land' means--
``(A) land within the National Forest System, as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the
National Grasslands and land utilization projects designated
as National Grasslands administered pursuant to the Act of
July 22, 1937 (7 U.S.C. 1010-1012); and
``(B) such portions of the revested Oregon and California
Railroad and reconveyed Coos Bay Wagon Road grant land as are
or may hereafter come under the jurisdiction of the
Department of the Interior, which have heretofore or may
hereafter be classified as timberlands, and power-site land
valuable for timber, that shall be managed, except as
provided in the former section 3 of the Act of August 28,
1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest
production.
``(8) 50-Percent adjusted share.--The term `50-percent
adjusted share' means the number equal to the quotient
obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the 50-percent base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained
under subparagraph (A) and paragraph (1)(A) for all eligible
counties.
``(9) 50-Percent base share.--The term `50-percent base
share' means the number equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in
paragraph (7)(B) in each eligible county; by
``(ii) the total number acres of Federal land in all
eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 50-
percent payments made to each eligible county during the
eligibility period; by
``(ii) the amount equal to the sum of the amounts
calculated under clause (i) and paragraph (2)(B)(i) for all
eligible counties in all eligible States during the
eligibility period.
``(10) 50-percent payment.--The term `50-percent payment'
means the payment that is the sum of the 50-percent share
otherwise paid to a county pursuant to title II of the Act of
August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),
and the payment made to a county pursuant to the Act of May
24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et
seq.).
``(11) Full funding amount.--The term `full funding amount'
means--
``(A) $526,079,656 for fiscal year 2007;
``(B) $520,000,000 for fiscal year 2008; and
``(C) for fiscal year 2009 and each fiscal year thereafter,
the amount that is equal to 90 percent of the full funding
amount for the preceding fiscal year.
``(12) Income adjustment.--The term `income adjustment'
means the square of the quotient obtained by dividing--
``(A) the per capita personal income for each eligible
county; by
``(B) the median per capita personal income of all eligible
counties.
``(13) Per capita personal income.--The term `per capita
personal income' means the most recent per capita personal
income data, as determined by the Bureau of Economic
Analysis.
``(14) Safety net payments.--The term `safety net payments'
means the special payment amounts paid to States and counties
required by section 13982 or 13983 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500
note; 43 U.S.C. 1181f note).
``(15) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture or the designee of the
Secretary of Agriculture with respect to the Federal land
described in paragraph (7)(A); and
``(B) the Secretary of the Interior or the designee of the
Secretary of the Interior with respect to the Federal land
described in paragraph (7)(B).
``(16) State payment.--The term `State payment' means the
payment for an eligible State calculated under section
101(a).
``(17) 25-Percent payment.--The term `25-percent payment'
means the payment to States required by the sixth paragraph
under the heading of `FOREST SERVICE' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL
LAND

``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL
LAND.

``(a) State Payment.--For each of fiscal years 2007 through
2011, the Secretary of Agriculture shall calculate for each
eligible State an amount equal to the sum of the products
obtained by multiplying--
``(1) the adjusted share for each eligible county within
the eligible State; by
``(2) the full funding amount for the fiscal year.
``(b) County Payment.--For each of fiscal years 2007
through 2011, the Secretary of the Interior shall calculate
for each eligible county that received a 50-percent payment
during the eligibility period an amount equal to the product
obtained by multiplying--
``(1) the 50-percent adjusted share for the eligible
county; by
``(2) the full funding amount for the fiscal year.

``SEC. 102. PAYMENTS TO STATES AND COUNTIES.

``(a) Payment Amounts.--Except as provided in section 103,
the Secretary of the Treasury shall pay to--
``(1) a State or territory of the United States an amount
equal to the sum of the amounts elected under subsection (b)
by each county within the State or territory for--
``(A) if the county is eligible for the 25-percent payment,
the share of the 25-percent payment; or
``(B) the share of the State payment of the eligible
county; and
``(2) a county an amount equal to the amount elected under
subsection (b) by each county for--
``(A) if the county is eligible for the 50-percent payment,
the 50-percent payment; or
``(B) the county payment for the eligible county.
``(b) Election to Receive Payment Amount.--
``(1) Election; submission of results.--
``(A) In general.--The election to receive a share of the
State payment, the county payment, a share of the State
payment and the county payment, a share of the 25-percent
payment, the 50-percent payment, or a share of the 25-percent
payment and the 50-percent payment, as applicable, shall be
made at the discretion of each affected county by August 1,
2007, and August 1 of each second fiscal year thereafter, in
accordance with paragraph (2), and transmitted to the
Secretary concerned by the Governor of each eligible State.
``(B) Failure to transmit.--If an election for an affected
county is not transmitted to the Secretary concerned by the
date specified under subparagraph (A), the affected county
shall be considered to have elected to receive a share of the
State payment, the county payment, or a share of the State
payment and the county payment, as applicable.
``(2) Duration of election.--
``(A) In general.--A county election to receive a share of
the 25-percent payment or 50-percent payment, as applicable
shall be effective for 2 fiscal years.
``(B) Full funding amount.--If a county elects to receive a
share of the State payment or the county payment, the
election shall be effective for all subsequent fiscal years
through fiscal year 2011.
``(3) Source of payment amounts.--The payment to an
eligible State or eligible county under this section for a
fiscal year shall be derived from--
``(A) any revenues, fees, penalties, or miscellaneous
receipts, exclusive of deposits to any relevant trust fund,
special account, or permanent operating funds, received by
the Federal Government from activities by the Bureau of Land
Management or the Forest Service on the applicable Federal
land;
``(B) for fiscal year 2007, any funds appropriated to carry
out this Act; and
``(C) to the extent of any shortfall, out of any amounts in
the Treasury of the United States not otherwise appropriated.
``(c) Distribution and Expenditure of Payments.--
``(1) Distribution method.--A State that receives a payment
under subsection (a) for Federal land described in section
3(7)(A) shall distribute the appropriate payment amount among
the appropriate counties in the State in accordance with--
``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963;
16 U.S.C. 500).
``(2) Expenditure purposes.--Subject to subsection (d),
payments received by a State under subsection (a) and
distributed to counties in accordance with paragraph (1)
shall be expended as required by the laws referred to in
paragraph (1).

[[Page S6204]]

``(d) Expenditure Rules for Eligible Counties.--
``(1) Allocations.--
``(A) Use of portion in same manner as 25-percent payment
or 50-percent payment, as applicable.--Except as provided in
paragraph (3)(B), if an eligible county elects to receive its
share of the State payment or the county payment, not less
than 80 percent, but not more than 85 percent, of the funds
shall be expended in the same manner in which the 25-percent
payments or 50-percent payment, as applicable, are required
to be expended.
``(B) Election as to use of balance.--Except as provided in
subparagraph (C), an eligible county shall elect to do 1 or
more of the following with the balance of any funds not
expended pursuant to subparagraph (A):
``(i) Reserve any portion of the balance for projects in
accordance with title II.
``(ii) Reserve not more than 7 percent of the total share
for the eligible county of the State payment or the county
payment for projects in accordance with title III.
``(iii) Return the portion of the balance not reserved
under clauses (i) and (ii) to the Treasury of the United
States.
``(C) Counties with modest distributions.--In the case of
each eligible county to which more than $100,000, but less
than $350,000, is distributed for any fiscal year pursuant to
either or both of paragraphs (1)(B) and (2)(B) of subsection
(a), the eligible county, with respect to the balance of any
funds not expended pursuant to subparagraph (A) for that
fiscal year, shall--
``(i) reserve any portion of the balance for--

``(I) carrying out projects under title II;
``(II) carrying out projects under title III; or
``(III) a combination of the purposes described in
subclauses (I) and (II); or

``(ii) return the portion of the balance not reserved under
clause (i) to the Treasury of the United States.
``(2) Distribution of funds.--
``(A) In general.--Funds reserved by an eligible county
under subparagraph (B)(i) or (C)(i) of paragraph (1) for
carrying out projects under title II shall be deposited in a
special account in the Treasury of the United States.
``(B) Availability.--Amounts deposited under subparagraph
(A) shall--
``(i) be available for expenditure by the Secretary
concerned, without further appropriation; and
``(ii) remain available until expended in accordance with
title II.
``(3) Election.--
``(A) Notification.--
``(i) In general.--An eligible county shall notify the
Secretary concerned of an election by the eligible county
under this subsection not later than September 30 of each
fiscal year.
``(ii) Failure to elect.--Except as provided in
subparagraph (B), if the eligible county fails to make an
election by the date specified in clause (i), the eligible
county shall--

``(I) be considered to have elected to expend 85 percent of
the funds in accordance with paragraph (1)(A); and
``(II) return the balance to the Treasury of the United
States.

``(B) Counties with minor distributions.--In the case of
each eligible county to which less than $100,000 is
distributed for any fiscal year pursuant to either or both of
paragraphs (1)(B) and (2)(B) of subsection (a), the eligible
county may elect to expend all the funds in the same manner
in which the 25-percent payments or 50-percent payments, as
applicable, are required to be expended.
``(e) Time for Payment.--The payments required under this
section for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.

``SEC. 103. TRANSITION PAYMENTS TO THE STATES OF CALIFORNIA,
OREGON, AND WASHINGTON.

``(a) Definitions.--In this section:
``(1) Adjusted amount.--The term `adjusted amount' means,
with respect to a covered State--
``(A) for fiscal year 2007--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2007; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2007;
``(B) for fiscal year 2008, 90 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2008; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2008;
``(C) for fiscal year 2009, 81 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2009; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2009; and
``(D) for fiscal year 2010, 73 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2010; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2010.
``(2) Covered state.--The term `covered State' means each
of the States of California, Oregon, and Washington.
``(b) Transition Payments.--For each of fiscal years 2007
through 2010, in lieu of the payment amounts that otherwise
would have been made under paragraphs (1)(B) and (2)(B) of
section 102(a), the Secretary of the Treasury shall pay the
adjusted amount to each covered State and the eligible
counties within the covered State, as applicable.
``(c) Distribution of Adjusted Amount in Oregon and
Washington.--It is the intent of Congress that the method of
distributing the payments under subsection (b) among the
counties in the States of Oregon and Washington for each of
fiscal years 2007 through 2010 be in the same proportion that
the payments were distributed to the eligible counties in
fiscal year 2006.
``(d) Distribution of Payments in California.--The
following payments shall be distributed among the eligible
counties in the State of California in the same proportion
that payments under section 102(a)(2) (as in effect on
September 29, 2006) were distributed to the eligible counties
for fiscal year 2006:
``(1) Payments to the State of California under subsection
(b).
``(2) The shares of the eligible counties of the State
payment for California under section 102 for fiscal year
2011.
``(e) Treatment of Payments.--For purposes of this Act, any
payment made under subsection (b) shall be considered to be a
payment made under section 102(a).

``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND

``SEC. 201. DEFINITIONS.

``In this title:
``(1) Participating county.--The term `participating
county' means an eligible county that elects under section
102(d) to expend a portion of the Federal funds received
under section 102 in accordance with this title.
``(2) Project funds.--The term `project funds' means all
funds an eligible county elects under section 102(d) to
reserve for expenditure in accordance with this title.
``(3) Resource advisory committee.--The term `resource
advisory committee' means--
``(A) an advisory committee established by the Secretary
concerned under section 205; or
``(B) an advisory committee determined by the Secretary
concerned to meet the requirements of section 205.
``(4) Resource management plan.--The term `resource
management plan' means--
``(A) a land use plan prepared by the Bureau of Land
Management for units of the Federal land described in section
3(7)(B) pursuant to section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712); or
``(B) a land and resource management plan prepared by the
Forest Service for units of the National Forest System
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974l (16 U.S.C. 1604).

``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.

``(a) Limitation.--Project funds shall be expended solely
on projects that meet the requirements of this title.
``(b) Authorized Uses.--Project funds may be used by the
Secretary concerned for the purpose of entering into and
implementing cooperative agreements with willing Federal
agencies, State and local governments, private and nonprofit
entities, and landowners for protection, restoration, and
enhancement of fish and wildlife habitat, and other resource
objectives consistent with the purposes of this Act on
Federal land and on non-Federal land where projects would
benefit the resources on Federal land.

``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.

``(a) Submission of Project Proposals to Secretary
Concerned.--
``(1) Projects funded using project funds.--Not later than
September 30 for fiscal year 2007, and each September 30
thereafter for each succeeding fiscal year through fiscal
year 2011, each resource advisory committee shall submit to
the Secretary concerned a description of any projects that
the resource advisory committee proposes the Secretary
undertake using any project funds reserved by eligible
counties in the area in which the resource advisory committee
has geographic jurisdiction.
``(2) Projects funded using other funds.--A resource
advisory committee may submit to the Secretary concerned a
description of any projects that the committee proposes the
Secretary undertake using funds from State or local
governments, or from the private sector, other than project
funds and funds appropriated and otherwise available to do
similar work.

[[Page S6205]]

``(3) Joint projects.--Participating counties or other
persons may propose to pool project funds or other funds,
described in paragraph (2), and jointly propose a project or
group of projects to a resource advisory committee
established under section 205.
``(b) Required Description of Projects.--In submitting
proposed projects to the Secretary concerned under subsection
(a), a resource advisory committee shall include in the
description of each proposed project the following
information:
``(1) The purpose of the project and a description of how
the project will meet the purposes of this title.
``(2) The anticipated duration of the project.
``(3) The anticipated cost of the project.
``(4) The proposed source of funding for the project,
whether project funds or other funds.
``(5)(A) Expected outcomes, including how the project will
meet or exceed desired ecological conditions, maintenance
objectives, or stewardship objectives.
``(B) An estimate of the amount of any timber, forage, and
other commodities and other economic activity, including jobs
generated, if any, anticipated as part of the project.
``(6) A detailed monitoring plan, including funding needs
and sources, that--
``(A) tracks and identifies the positive or negative
impacts of the project, implementation, and provides for
validation monitoring; and
``(B) includes an assessment of the following:
``(i) Whether or not the project met or exceeded desired
ecological conditions; created local employment or training
opportunities, including summer youth jobs programs such as
the Youth Conservation Corps where appropriate.
``(ii) Whether the project improved the use of, or added
value to, any products removed from land consistent with the
purposes of this title.
``(7) An assessment that the project is to be in the public
interest.
``(c) Authorized Projects.--Projects proposed under
subsection (a) shall be consistent with section 2.

``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY
CONCERNED.

``(a) Conditions for Approval of Proposed Project.--The
Secretary concerned may make a decision to approve a project
submitted by a resource advisory committee under section 203
only if the proposed project satisfies each of the following
conditions:
``(1) The project complies with all applicable Federal laws
(including regulations).
``(2) The project is consistent with the applicable
resource management plan and with any watershed or subsequent
plan developed pursuant to the resource management plan and
approved by the Secretary concerned.
``(3) The project has been approved by the resource
advisory committee in accordance with section 205, including
the procedures issued under subsection (e) of that section.
``(4) A project description has been submitted by the
resource advisory committee to the Secretary concerned in
accordance with section 203.
``(5) The project will improve the maintenance of existing
infrastructure, implement stewardship objectives that enhance
forest ecosystems, and restore and improve land health and
water quality.
``(b) Environmental Reviews.--
``(1) Request for payment by county.--The Secretary
concerned may request the resource advisory committee
submitting a proposed project to agree to the use of project
funds to pay for any environmental review, consultation, or
compliance with applicable environmental laws required in
connection with the project.
``(2) Conduct of environmental review.--If a payment is
requested under paragraph (1) and the resource advisory
committee agrees to the expenditure of funds for this
purpose, the Secretary concerned shall conduct environmental
review, consultation, or other compliance responsibilities in
accordance with Federal laws (including regulations).
``(3) Effect of refusal to pay.--
``(A) In general.--If a resource advisory committee does
not agree to the expenditure of funds under paragraph (1),
the project shall be deemed withdrawn from further
consideration by the Secretary concerned pursuant to this
title.
``(B) Effect of withdrawal.--A withdrawal under
subparagraph (A) shall be deemed to be a rejection of the
project for purposes of section 207(c).
``(c) Decisions of Secretary Concerned.--
``(1) Rejection of projects.--
``(A) In general.--A decision by the Secretary concerned to
reject a proposed project shall be at the sole discretion of
the Secretary concerned.
``(B) No administrative appeal or judicial review.--
Notwithstanding any other provision of law, a decision by the
Secretary concerned to reject a proposed project shall not be
subject to administrative appeal or judicial review.
``(C) Notice of rejection.--Not later than 30 days after
the date on which the Secretary concerned makes the rejection
decision, the Secretary concerned shall notify in writing the
resource advisory committee that submitted the proposed
project of the rejection and the reasons for rejection.
``(2) Notice of project approval.--The Secretary concerned
shall publish in the Federal Register notice of each project
approved under subsection (a) if the notice would be required
had the project originated with the Secretary.
``(d) Source and Conduct of Project.--Once the Secretary
concerned accepts a project for review under section 203, the
acceptance shall be deemed a Federal action for all purposes.
``(e) Implementation of Approved Projects.--
``(1) Cooperation.--Notwithstanding chapter 63 of title 31,
United States Code, using project funds the Secretary
concerned may enter into contracts, grants, and cooperative
agreements with States and local governments, private and
nonprofit entities, and landowners and other persons to
assist the Secretary in carrying out an approved project.
``(2) Best value contracting.--
``(A) In general.--For any project involving a contract
authorized by paragraph (1) the Secretary concerned may elect
a source for performance of the contract on a best value
basis.
``(B) Factors.--The Secretary concerned shall determine
best value based on such factors as--
``(i) the technical demands and complexity of the work to
be done;
``(ii)(I) the ecological objectives of the project; and
``(II) the sensitivity of the resources being treated;
``(iii) the past experience by the contractor with the type
of work being done, using the type of equipment proposed for
the project, and meeting or exceeding desired ecological
conditions; and
``(iv) the commitment of the contractor to hiring highly
qualified workers and local residents.
``(3) Merchantable timber contracting pilot program.--
``(A) Establishment.--The Secretary concerned shall
establish a pilot program to implement a certain percentage
of approved projects involving the sale of merchantable
timber using separate contracts for--
``(i) the harvesting or collection of merchantable timber;
and
``(ii) the sale of the timber.
``(B) Annual percentages.--Under the pilot program, the
Secretary concerned shall ensure that, on a nationwide basis,
not less than the following percentage of all approved
projects involving the sale of merchantable timber are
implemented using separate contracts:
``(i) For fiscal year 2007, 25 percent.
``(ii) For fiscal year 2008, 35 percent.
``(iii) For fiscal year 2009, 45 percent.
``(iv) For each of fiscal years 2010 and 2011, 50 percent.
``(C) Inclusion in pilot program.--The decision whether to
use separate contracts to implement a project involving the
sale of merchantable timber shall be made by the Secretary
concerned after the approval of the project under this title.
``(D) Assistance.--
``(i) In general.--The Secretary concerned may use funds
from any appropriated account available to the Secretary for
the Federal land to assist in the administration of projects
conducted under the pilot program.
``(ii) Maximum amount of assistance.--The total amount
obligated under this subparagraph may not exceed $1,000,000
for any fiscal year during which the pilot program is in
effect.
``(E) Review and report.--
``(i) Initial report.--Not later than September 30, 2009,
the Comptroller General shall submit to the Committees on
Agriculture, Nutrition, and Forestry and Energy and Natural
Resources of the Senate and the Committees on Agriculture and
Natural Resources of the House of Representatives a report
assessing the pilot program.
``(ii) Annual report.--The Secretary concerned shall submit
to the Committees on Agriculture, Nutrition, and Forestry and
Energy and Natural Resources of the Senate and the Committees
on Agriculture and Natural Resources of the House of
Representatives an annual report describing the results of
the pilot program.
``(f) Requirements for Project Funds.--The Secretary shall
ensure that at least 50 percent of all project funds be used
for projects that are primarily dedicated--
``(1) to road maintenance, decommissioning, or
obliteration; or
``(2) to restoration of streams and watersheds.

``SEC. 205. RESOURCE ADVISORY COMMITTEES.

``(a) Establishment and Purpose of Resource Advisory
Committees.--
``(1) Establishment.--The Secretary concerned shall
establish and maintain resource advisory committees to
perform the duties in subsection (b), except as provided in
paragraph (4).
``(2) Purpose.--The purpose of a resource advisory
committee shall be--
``(A) to improve collaborative relationships; and
``(B) to provide advice and recommendations to the land
management agencies consistent with the purposes of this
title.
``(3) Access to resource advisory committees.--To ensure
that each unit of Federal land has access to a resource
advisory committee, and that there is sufficient interest in
participation on a committee to ensure that membership can be
balanced in terms of the points of view represented and the
functions to be performed, the Secretary concerned may,
establish resource advisory

[[Page S6206]]

committees for part of, or 1 or more, units of Federal land.
``(4) Existing advisory committees.--
``(A) In general.--An advisory committee that meets the
requirements of this section, a resource advisory committee
established before September 29, 2006, or an advisory
committee determined by the Secretary concerned before
September 29, 2006, to meet the requirements of this section
may be deemed by the Secretary concerned to be a resource
advisory committee for the purposes of this title.
``(B) Charter.--A charter for a committee described in
subparagraph (A) that was filed on or before September 29,
2006, shall be considered to be filed for purposes of this
Act.
``(C) Bureau of land management advisory committees.--The
Secretary of the Interior may deem a resource advisory
committee meeting the requirements of subpart 1784 of part
1780 of title 43, Code of Federal Regulations, as a resource
advisory committee for the purposes of this title.
``(b) Duties.--A resource advisory committee shall--
``(1) review projects proposed under this title by
participating counties and other persons;
``(2) propose projects and funding to the Secretary
concerned under section 203;
``(3) provide early and continuous coordination with
appropriate land management agency officials in recommending
projects consistent with purposes of this Act under this
title;
``(4) provide frequent opportunities for citizens,
organizations, tribes, land management agencies, and other
interested parties to participate openly and meaningfully,
beginning at the early stages of the project development
process under this title;
``(5)(A) monitor projects that have been approved under
section 204; and
``(B) advise the designated Federal official on the
progress of the monitoring efforts under subparagraph (A);
and
``(6) make recommendations to the Secretary concerned for
any appropriate changes or adjustments to the projects being
monitored by the resource advisory committee.
``(c) Appointment by the Secretary.--
``(1) Appointment and term.--
``(A) In general.--The Secretary concerned, shall appoint
the members of resource advisory committees for a term of 4
years beginning on the date of appointment.
``(B) Reappointment.--The Secretary concerned may reappoint
members to subsequent 4-year terms.
``(2) Basic requirements.--The Secretary concerned shall
ensure that each resource advisory committee established
meets the requirements of subsection (d).
``(3) Initial appointment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary
concerned shall make initial appointments to the resource
advisory committees.
``(4) Vacancies.--The Secretary concerned shall make
appointments to fill vacancies on any resource advisory
committee as soon as practicable after the vacancy has
occurred.
``(5) Compensation.--Members of the resource advisory
committees shall not receive any compensation.
``(d) Composition of Advisory Committee.--
``(1) Number.--Each resource advisory committee shall be
comprised of 15 members.
``(2) Community interests represented.--Committee members
shall be representative of the interests of the following 3
categories:
``(A) 5 persons that--
``(i) represent organized labor or non-timber forest
product harvester groups;
``(ii) represent developed outdoor recreation, off highway
vehicle users, or commercial recreation activities;
``(iii) represent--

``(I) energy and mineral development interests; or
``(II) commercial or recreational fishing interests;

``(iv) represent the commercial timber industry; or
``(v) hold Federal grazing or other land use permits, or
represent nonindustrial private forest land owners, within
the area for which the committee is organized.
``(B) 5 persons that represent--
``(i) nationally recognized environmental organizations;
``(ii) regionally or locally recognized environmental
organizations;
``(iii) dispersed recreational activities;
``(iv) archaeological and historical interests; or
``(v) nationally or regionally recognized wild horse and
burro interest groups, wildlife or hunting organizations, or
watershed associations.
``(C) 5 persons that--
``(i) hold State elected office (or a designee);
``(ii) hold county or local elected office;
``(iii) represent American Indian tribes within or adjacent
to the area for which the committee is organized;
``(iv) are school officials or teachers; or
``(v) represent the affected public at large.
``(3) Balanced representation.--In appointing committee
members from the 3 categories in paragraph (2), the Secretary
concerned shall provide for balanced and broad representation
from within each category.
``(4) Geographic distribution.--The members of a resource
advisory committee shall reside within the State in which the
committee has jurisdiction and, to extent practicable, the
Secretary concerned shall ensure local representation in each
category in paragraph (2).
``(5) Chairperson.--A majority on each resource advisory
committee shall select the chairperson of the committee.
``(e) Approval Procedures.--
``(1) In general.--Subject to paragraph (3), each resource
advisory committee shall establish procedures for proposing
projects to the Secretary concerned under this title.
``(2) Quorum.--A quorum must be present to constitute an
official meeting of the committee.
``(3) Approval by majority of members.--A project may be
proposed by a resource advisory committee to the Secretary
concerned under section 203(a), if the project has been
approved by a majority of members of the committee from each
of the 3 categories in subsection (d)(2).
``(f) Other Committee Authorities and Requirements.--
``(1) Staff assistance.--A resource advisory committee may
submit to the Secretary concerned a request for periodic
staff assistance from Federal employees under the
jurisdiction of the Secretary.
``(2) Meetings.--All meetings of a resource advisory
committee shall be announced at least 1 week in advance in a
local newspaper of record and shall be open to the public.
``(3) Records.--A resource advisory committee shall
maintain records of the meetings of the committee and make
the records available for public inspection.

``SEC. 206. USE OF PROJECT FUNDS.

``(a) Agreement Regarding Schedule and Cost of Project.--
``(1) Agreement between parties.--The Secretary concerned
may carry out a project submitted by a resource advisory
committee under section 203(a) using project funds or other
funds described in section 203(a)(2), if, as soon as
practicable after the issuance of a decision document for the
project and the exhaustion of all administrative appeals and
judicial review of the project decision, the Secretary
concerned and the resource advisory committee enter into an
agreement addressing, at a minimum, the following:
``(A) The schedule for completing the project.
``(B) The total cost of the project, including the level of
agency overhead to be assessed against the project.
``(C) For a multiyear project, the estimated cost of the
project for each of the fiscal years in which it will be
carried out.
``(D) The remedies for failure of the Secretary concerned
to comply with the terms of the agreement consistent with
current Federal law.
``(2) Limited use of federal funds.--The Secretary
concerned may decide, at the sole discretion of the Secretary
concerned, to cover the costs of a portion of an approved
project using Federal funds appropriated or otherwise
available to the Secretary for the same purposes as the
project.
``(b) Transfer of Project Funds.--
``(1) Initial transfer required.--As soon as practicable
after the agreement is reached under subsection (a) with
regard to a project to be funded in whole or in part using
project funds, or other funds described in section 203(a)(2),
the Secretary concerned shall transfer to the applicable unit
of National Forest System land or Bureau of Land Management
District an amount of project funds equal to--
``(A) in the case of a project to be completed in a single
fiscal year, the total amount specified in the agreement to
be paid using project funds, or other funds described in
section 203(a)(2); or
``(B) in the case of a multiyear project, the amount
specified in the agreement to be paid using project funds, or
other funds described in section 203(a)(2) for the first
fiscal year.
``(2) Condition on project commencement.--The unit of
National Forest System land or Bureau of Land Management
District concerned, shall not commence a project until the
project funds, or other funds described in section 203(a)(2)
required to be transferred under paragraph (1) for the
project, have been made available by the Secretary concerned.
``(3) Subsequent transfers for multiyear projects.--
``(A) In general.--For the second and subsequent fiscal
years of a multiyear project to be funded in whole or in part
using project funds, the unit of National Forest System land
or Bureau of Land Management District concerned shall use the
amount of project funds required to continue the project in
that fiscal year according to the agreement entered into
under subsection (a).
``(B) Suspension of work.--The Secretary concerned shall
suspend work on the project if the project funds required by
the agreement in the second and subsequent fiscal years are
not available.

``SEC. 207. AVAILABILITY OF PROJECT FUNDS.

``(a) Submission of Proposed Projects to Obligate Funds.--
By September 30 of each fiscal year through fiscal year 2011,
a resource advisory committee shall submit to the Secretary
concerned pursuant to section 203(a)(1) a sufficient number
of project proposals that, if approved, would result in the
obligation of at least the full amount of the project funds
reserved by the participating county in the preceding fiscal
year.
``(b) Use or Transfer of Unobligated Funds.--Subject to
section 208, if a resource advisory committee fails to comply
with subsection (a) for a fiscal year, any project

[[Page S6207]]

funds reserved by the participating county in the preceding
fiscal year and remaining unobligated shall be available for
use as part of the project submissions in the next fiscal
year.
``(c) Effect of Rejection of Projects.--Subject to section
208, any project funds reserved by a participating county in
the preceding fiscal year that are unobligated at the end of
a fiscal year because the Secretary concerned has rejected
one or more proposed projects shall be available for use as
part of the project submissions in the next fiscal year.
``(d) Effect of Court Orders.--
``(1) In general.--If an approved project under this Act is
enjoined or prohibited by a Federal court, the Secretary
concerned shall return the unobligated project funds related
to the project to the participating county or counties that
reserved the funds.
``(2) Expenditure of funds.--The returned funds shall be
available for the county to expend in the same manner as the
funds reserved by the county under subparagraph (B) or (C)(i)
of section 102(d)(1).

``SEC. 208. TERMINATION OF AUTHORITY.

``(a) In General.--The authority to initiate projects under
this title shall terminate on September 30, 2011.
``(b) Deposits in Treasury.--Any project funds not
obligated by September 30, 2012, shall be deposited in the
Treasury of the United States.

``TITLE III--COUNTY FUNDS

``SEC. 301. DEFINITIONS.

``In this title:
``(1) County funds.--The term `county funds' means all
funds an eligible county elects under section 102(d) to
reserve for expenditure in accordance with this title.
``(2) Participating county.--The term `participating
county' means an eligible county that elects under section
102(d) to expend a portion of the Federal funds received
under section 102 in accordance with this title.

``SEC. 302. USE.

``(a) Authorized Uses.--A participating county, including
any applicable agencies of the participating county, shall
use county funds, in accordance with this title, only--
``(1) to carry out activities under the Firewise
Communities program to provide to homeowners in fire-
sensitive ecosystems education on, and assistance with
implementing, techniques in home siting, home construction,
and home landscaping that can increase the protection of
people and property from wildfires;
``(2) to reimburse the participating county for search and
rescue and other emergency services, including firefighting,
that are--
``(A) performed on Federal land after the date on which the
use was approved under subsection (b);
``(B) paid for by the participating county; and
``(3) to develop community wildfire protection plans in
coordination with the appropriate Secretary concerned.
``(b) Proposals.--A participating county shall use county
funds for a use described in subsection (a) only after a 45-
day public comment period, at the beginning of which the
participating county shall--
``(1) publish in any publications of local record a
proposal that describes the proposed use of the county funds;
and
``(2) submit the proposal to any resource advisory
committee established under section 205 for the participating
county.

``SEC. 303. CERTIFICATION.

``(a) In General.--Not later than February 1 of the year
after the year in which any county funds were expended by a
participating county, the appropriate official of the
participating county shall submit to the Secretary concerned
a certification that the county funds expended in the
applicable year have been used for the uses authorized under
section 302(a), including a description of the amounts
expended and the uses for which the amounts were expended.
``(b) Review.--The Secretary concerned shall review the
certifications submitted under subsection (a) as the
Secretary concerned determines to be appropriate.

``SEC. 304. TERMINATION OF AUTHORITY.

``(a) In General.--The authority to initiate projects under
this title terminates on September 30, 2011.
``(b) Availability.--Any county funds not obligated by
September 30, 2012, shall be returned to the Treasury of the
United States.

``TITLE IV--MISCELLANEOUS PROVISIONS

``SEC. 401. REGULATIONS.

``The Secretary of Agriculture and the Secretary of the
Interior shall issue regulations to carry out the purposes of
this Act.

``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--There are authorized to be appropriated
such sums as are necessary to carry out this Act for each of
fiscal years 2007 through 2011.
``(b) Emergency Designation.--Of the amounts authorized to
be appropriated under subsection (a) for fiscal year 2007,
$425,000,000 is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).

``SEC. 403. TREATMENT OF FUNDS AND REVENUES.

``(a) Relation to Other Appropriations.--Funds made
available under section 402 and funds made available to a
Secretary concerned under section 206 shall be in addition to
any other annual appropriations for the Forest Service and
the Bureau of Land Management.
``(b) Deposit of Revenues and Other Funds.--All revenues
generated from projects pursuant to title II, including any
interest accrued from the revenues, shall be deposited in the
Treasury of the United States.''.
(b) Forest Receipt Payments to Eligible States and
Counties.--
(1) Act of may 23, 1908.--The sixth paragraph under the
heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16
U.S.C. 500) is amended in the first sentence by striking
``twenty-five percentum'' and all that follows through
``shall be paid'' and inserting the following: ``an amount
equal to the annual average of 25 percent of all amounts
received for the applicable fiscal year and each of the
preceding 6 fiscal years from each national forest shall be
paid''.
(2) Weeks law.--Section 13 of the Act of March 1, 1911
(commonly known as the ``Weeks Law'') (16 U.S.C. 500) is
amended in the first sentence by striking ``twenty-five
percentum'' and all that follows through ``shall be paid''
and inserting the following: ``an amount equal to the annual
average of 25 percent of all amounts received for the
applicable fiscal year and each of the preceding 6 fiscal
years from each national forest shall be paid''.
(c) Payments in Lieu of Taxes.--
(1) In general.--Section 6906 of title 31, United States
Code, is amended to read as follows:

``Sec. 6906. Funding

``For each of fiscal years 2008 through 2012--
``(1) each county or other eligible unit of local
government shall be entitled to payment under this chapter;
and
``(2) sums shall be made available to the Secretary of the
Interior for obligation or expenditure in accordance with
this chapter.''.
(2) Conforming amendment.--The table of sections for
chapter 69 of title 31, United States Code, is amended by
striking the item relating to section 6906 and inserting the
following:

``6906. Funding.''.
(3) Budget scorekeeping.--
(A) In general.--Notwithstanding the Budget Scorekeeping
Guidelines and the accompanying list of programs and accounts
set forth in the joint explanatory statement of the committee
of conference accompanying Conference Report 105-217, the
amendment made by paragraph (1)--
(i) shall be treated under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (as in
effect before September 30, 2002), by the Chairpersons of the
Committee on the Budget of the House of Representatives and
the Committee on the Budget of the Senate, as appropriate,
for purposes of budget enforcement in the House of
Representatives and the Senate, and under the Congressional
Budget Act of 1974 (2 U.S.C. 601 et seq.) as changing direct
spending or receipts, as appropriate (as if such language
were included in an Act other than an appropriations Act);
and
(ii) shall be treated in the baseline after fiscal year
2008 for purposes of section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 907) (as in
effect before September 30, 2002), by the Chairpersons of the
Committee on the Budget of the House of Representatives and
the Committee on the Budget of the Senate, as appropriate,
for purposes of budget enforcement in the House of
Representatives and the Senate, and under the Congressional
Budget Act of 1974 (2 U.S.C. 601 et seq.) as if Payment in
Lieu of Taxes (14-1114-0-1-806) were an account designated as
Appropriated Entitlements and Mandatories for Fiscal Year
1997 in the joint explanatory statement of the committee of
conference accompanying Conference Report 105-217.
(B) Effective date.--This paragraph shall--
(i) be effective beginning on the date of enactment of this
Act; and
(ii) remain in effect for any fiscal year for which the
entitlement in section 6906 of title 31, United States Code
(as amended by paragraph (1)), applies.
(d) Modification of Effective Date of Leasing Provisions of
the American Jobs Creation Act of 2004.--
(1) Leases to foreign entities.--Section 849(b) of the
American Jobs Creation Act of 2004 is amended by adding at
the end the following new paragraph:
``(5) Leases to foreign entities.--In the case of tax-
exempt use property leased to a tax-exempt entity which is a
foreign person or entity, the amendments made by this part
shall apply to taxable years beginning after December 31,
2006, with respect to leases entered into on or before March
12, 2004.''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
American Jobs Creation Act of 2004.
(e) Application of Rules Treating Inverted Corporations as
Domestic Corporations to Certain Transactions Occurring After
March 20, 2002.--
(1) In general.--Section 7874(b) (relating to inverted
corporations treated as domestic corporations) is amended to
read as follows:
``(b) Inverted Corporations Treated as Domestic
Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this
title as a domestic corporation if such corporation would be

[[Page S6208]]

a surrogate foreign corporation if subsection (a)(2) were
applied by substituting `80 percent' for `60 percent'.
``(2) Special rule for certain transactions occurring after
march 20, 2002.--
``(A) In general.--If--
``(i) paragraph (1) does not apply to a foreign
corporation, but
``(ii) paragraph (1) would apply to such corporation if, in
addition to the substitution under paragraph (1), subsection
(a)(2) were applied by substituting `March 20, 2002' for
`March 4, 2003' each place it appears,
then paragraph (1) shall apply to such corporation but only
with respect to taxable years of such corporation beginning
after December 31, 2006.
``(B) Special rules.--Subject to such rules as the
Secretary may prescribe, in the case of a corporation to
which paragraph (1) applies by reason of this paragraph--
``(i) the corporation shall be treated, as of the close of
its last taxable year beginning before January 1, 2007, as
having transferred all of its assets, liabilities, and
earnings and profits to a domestic corporation in a
transaction with respect to which no tax is imposed under
this title,
``(ii) the bases of the assets transferred in the
transaction to the domestic corporation shall be the same as
the bases of the assets in the hands of the foreign
corporation, subject to any adjustments under this title for
built-in losses,
``(iii) the basis of the stock of any shareholder in the
domestic corporation shall be the same as the basis of the
stock of the shareholder in the foreign corporation for which
it is treated as exchanged, and
``(iv) the transfer of any earnings and profits by reason
of clause (i) shall be disregarded in determining any deemed
dividend or foreign tax creditable to the domestic
corporation with respect to such transfer.
``(C) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this paragraph, including regulations to prevent the
avoidance of the purposes of this paragraph.''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31,
2006.
______

SA 1140. Mr. HARKIN 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___. RATHBUN LAKE, IOWA.

(a) Right of First Refusal.--The Secretary shall provide,
in accordance with the recommendations in the Rathbun Lake
Reallocation Report approved by the Chief of Engineers on
July 22, 1985, the Rathbun Regional Water Association with
the right of first refusal to contract for or purchase any
increment of the remaining allocation (8,320 acre-feet) of
water supply storage in Rathbun Lake, Iowa.
(b) Payment of Cost.--The Rathbun Regional Water
Association shall pay the cost of any water supply storage
allocation provided under subsection (a).
______

SA 1141. Mr. NELSON of Nebraska submitted an amendment intended to be
proposed by him to the bill H.R. 2206, making emergency supplemental
appropriations and additional supplemental appropriations for
agricultural and other emergency assistance for the fiscal year ending
September 30, 2007, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. IRAQ.

(a) United States Strategy in Iraq.--The United States
strategy in Iraq, hereafter, shall be conditioned on the
Government of Iraq meeting benchmarks including the
following:
(1) Whether the Government of Iraq has given United States
Armed Forces and Iraqi Security Forces the authority to
pursue all extremists, including Sunni insurgents and Shiite
militias, and is making substantial progress in delivering
necessary Iraqi Security Forces for Baghdad and protecting
such Forces from political interference; intensifying efforts
to build balanced security forces throughout Iraq that
provide even-handed security for all Iraqis; ensuring that
Iraq's political authorities are not undermining or making
false accusations against members of the Iraqi Security
Forces; eliminating militia control of local security;
establishing a strong militia disarmament program; ensuring
fair and just enforcement of laws; establishing political,
media, economic, and service committees in support of the
Baghdad Security Plan; and eradicating safe havens.
(2) Whether the Government of Iraq is making substantial
progress in meeting its commitment to pursue reconciliation
initiatives, including enactment of a hydro-carbon law;
adoption of legislation necessary for the conduct of
provincial and local elections; reform of current laws
governing the de-Baathification process; amendment of the
Constitution of Iraq; and allocation of Iraqi revenues for
reconstruction projects.
(3) Whether the Government of Iraq and United States Armed
Forces are making substantial progress in reducing the level
of sectarian violence in Iraq.
(4) Whether the Government of Iraq is ensuring the rights
of minority political parties in the Iraqi Parliament are
protected.
(b) Reports on Progress in Iraq.--On July 15, 2007, the
Commander, Multi-National Forces-Iraq and the United States
Ambassador to Iraq shall jointly submit to Congress a report
describing and assessing in detail the current progress being
made by the Government of Iraq on the matters set forth in
subsection (a). The Commander, Multi-National Forces-Iraq and
the United States Ambassador to Iraq shall submit a
subsequent joint report to Congress on such matters on
September 15, 2007.
(c) Requests for Funds for Fiscal Years After Fiscal Year
2008.--(1) Any request for funds for a fiscal year after
fiscal year 2008 for ongoing military operations in
Afghanistan and Iraq should be included in the annual budget
of the President for such fiscal year as submitted to
Congress under section 1105(a) of title 31, United States
Code.
(2) Any request for funds for a fiscal year after fiscal
year 2008 for ongoing military operations in Iraq and
Afghanistan should provide an estimate of all funds required
in that fiscal year for such operations.
(3) Any funds provided for ongoing military operations in
Iraq and Afghanistan should be provided in appropriations
Acts for such fiscal year through appropriations to specific
accounts set forth in such appropriations Acts.
(d) Limitation on Availability of Certain Funds.--(1)
Notwithstanding any other provision of law and except as
provided in paragraph (2), of the amounts appropriated or
otherwise made available by this Act, or by any other Act
that remain available for obligation as of the date of the
enactment of this Act, for assistance for Iraq under the
headings ``Economic Support Fund'' and ``International
Narcotics and Law Enforcement'', an amount equal to 75
percent of such amounts may not be obligated 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).
(2) The requirement to withhold funds from obligation
pursuant to paragraph (1) shall not apply with respect to
funds appropriated or otherwise made available under the
heading ``Economic Support Fund'' for continued support for--
(A) the Community Action Program and the Community
Stabilization Program in Iraq administered by the United
States Agency for International Development; or
(B) programs and activities to promote democracy and human
rights in Iraq.
______

SA 1142. Mr. BOND (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed by him to the bill H.R. 2206, making
emergency supplemental appropriations and additional supplemental
appropriations for agricultural and other emergency assistance for the
fiscal year ending September 30, 2007, and for other purposes; which
was ordered to lie on the table; as follows:

On page 110, line 14, strike ``$153,300,000'' and insert
``$173,300,000''.
On page 110, line 20, insert after ``division'' the
following: ``: Provided further, That not less than
$20,000,000 of the amount made available under this heading
shall be used for Corps of Engineers projects to support
emergency operations, repairs, and other activities in the
Midwest in response to storm damage in that region that
occurred during May 2007''.
______

SA 1143. Mr. STEVENS submitted an amendment intended to be proposed
by him to the bill H.R. 2206, making emergency supplemental
appropriations and additional supplemental appropriations for
agricultural and other emergency assistance for the fiscal year ending
September 30, 2007, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of chapter 6 of title V of division A, insert
the following:

SEC. 5613. TREATMENT OF LIABILITY FOR CERTAIN MULTIPLE
EMPLOYER PLANS.

(a) In General.--In the case of an applicable pension
plan--
(1) if an eligible employer elects the application of
subsection (b), any liability of the employer with respect to
the applicable pension plan shall be determined under
subsection (b), and
(2) if an eligible employer does not make such election,
any liability of the employer with respect to the applicable
pension plan shall be determined under subsection (c).
(b) Election to Spin Off Liability.--
(1) In general.--If an eligible employer elects, within 180
days after the date of the enactment of this Act, to have
this subsection apply, the applicable pension plan shall be
treated as having, effective January

[[Page S6209]]

1, 2006, spun off such employer's allocable portion of the
plan's assets and liabilities to an eligible spunoff plan and
the employer's liability with respect to the applicable
pension plan shall be determined by reference to the eligible
spunoff plan in the manner provided under paragraph (2). The
employer's liability, as so determined, shall be in lieu of
any other liability to the Pension Benefit Guaranty
Corporation or to the applicable pension plan with respect to
the applicable pension plan.
(2) Liability of employers electing spinoff.--
(A) Ongoing funding liability.--
(i) In general.--In the case of an eligible spunoff plan,
the amendments made by section 401, and subtitles A and B of
title I, of the Pension Protection Act of 2006 shall not
apply to plan years beginning before the first plan year for
which the plan ceases to be an eligible spunoff plan (or, if
earlier, January 1, 2017), and except as provided in clause
(ii), the employer maintaining such plan shall be liable for
ongoing contributions to the eligible spunoff plan on the
same terms and subject to the same conditions as under the
provisions of the Employee Retirement Income Security Act of
1974 and the Internal Revenue Code of 1986 as in effect
before such amendments. Such liability shall be in lieu of
any other liability to the Pension Benefit Guaranty
Corporation or to the applicable pension plan with respect to
the applicable pension plan.
(ii) Interest rate.--In applying section 302(b)(5)(B) of
the Employee Retirement Income Security Act of 1974 and
section 412(b)(5)(B) of the Internal Revenue Code of 1986 (as
in effect before the amendments made by subtitles A and B of
title I of the Pension Protection Act of 2006) and in
applying section 4006(a)(3)(E)(iii) of such Act (as in effect
before the amendments made by section 401 of such Act) to an
eligible spunoff plan for plan years beginning after December
31, 2007, and before the first plan year to which such
amendments apply, the third segment rate determined under
section 303(h)(2)(C)(iii) of such Act and section
430(h)(2)(C)(iii) of such Code (as added by such amendments)
shall be used in lieu of the interest rate otherwise used.
(B) Termination liability.--If an eligible spunoff plan
terminates under title IV of the Employee Retirement Income
Security Act of 1974 on or before December 31, 2010, the
liability of the employer maintaining such plan resulting
from such termination under section 4062 of the Employee
Retirement Income Security Act of 1974 shall be determined in
accordance with the assumptions and methods described in
subsection (c)(2)(A). The employer's liability, as so
determined, shall be in lieu of any other liability to the
Pension Benefit Guaranty Corporation or to the applicable
pension plan with respect to the applicable pension plan.
(c) Liability of Employers Not Electing Spinoff.--
(1) In general.--If an applicable pension plan is
terminated under the Employee Retirement Income Security Act
of 1974, an eligible employer which does not make the
election described in subsection (b) shall be liable to the
corporation with respect to the applicable pension plan (in
lieu of any other liability to the Pension Benefit Guaranty
Corporation or to the applicable pension plan with respect to
the applicable pension plan ) in an amount equal to the
fractional portion of the adjusted unfunded benefit
liabilities of such plan as of December 31, 2005, determined
without regard to any adjusted unfunded benefit liabilities
to be transferred to an eligible spunoff plan pursuant to
subsection (b).
(2) Definitions.--For purposes of this subsection--
(A) Adjusted unfunded benefit liabilities.--The term
``adjusted unfunded benefit liabilities'' means the amount of
unfunded benefit liabilities (as defined in section
4001(a)(18) of the Employee Retirement Income Security Act of
1974), except that the interest assumption shall be the rate
of interest under section 302(b) of the Employee Retirement
Income Security Act of 1974 and section 412(b) of the
Internal Revenue Code of 1986, as in effect before the
amendments made by the Pension Protection Act of 2006, for
the most recent plan year for which such rate exists.
(B) Fractional portion.--The term ``fractional portion''
means a fraction, the numerator of which is the amount
required to be contributed to the applicable pension plan for
the 5 plan years ending before December 31, 2005, by such
employer, and the denominator of which is the amount required
to be contributed to such plan for such plan years by all
employers which do not make the election described in
subsection (b).
(d) Other Definitions.--For purposes of this section--
(1) Applicable pension plan.--The term ``applicable pension
plan'' means a single employer plan which--
(A) was established in the State of Alaska on March 18,
1967, and
(B) as of January 1, 2005, had 2 or more contributing
sponsors at least 2 of which were not under common control.
(2) Allocable portion.--The term ``allocable portion''
means, with respect to any eligible employer making an
election under subsection (b), the portion of an applicable
pension plan's liabilities and assets which bears the same
ratio to all such liabilities and assets as such employer's
share (determined under subsection (c) as if no eligible
employer made an election under subsection (b)) of the excess
(if any) of--
(A) the liabilities of the plan, valued in accordance with
subsection (c), over
(B) the assets of the plan,
bears to the total amount of such excess.
(3) Eligible employer.--An ``eligible employer'' is an
employer which participated in an eligible multiple employer
plan on or after January 1, 2000.
______

SA 1144. Mr. GRASSLEY 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___. RATHBUN LAKE, IOWA.

(a) Right of First Refusal.--The Secretary shall provide,
in accordance with the recommendations in the Rathbun Lake
Reallocation Report approved by the Chief of Engineers on
July 22, 1985, the Rathbun Regional Water Association with
the right of first refusal to contract for or purchase any
increment of the remaining allocation (8,320 acre-feet) of
water supply storage in Rathbun Lake, Iowa.
(b) Payment of Cost.--The Rathbun Regional Water
Association shall pay the cost of any water supply storage
allocation provided under subsection (a).
______

SA 1145. Mrs. BOXER (for herself and Mr. Inhofe) proposed an
amendment 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; as follows:

On page 43, line 13, insert ``, subject to section 902 of
the Water Resources Development Act of 1986 (100 Stat.
4183)'' before the period at the end.
On page 48, strike lines 22 through 25 and insert the
following:
(4) Working groups.--
(A) In general.--The Task Force may establish such working
groups as the Task Force determines to be necessary to assist
the Task Force in carrying out this subsection.
(B) Integration team.--
(i) In general.--The Task Force shall establish, for the
purposes described in clause (ii), an integration team
comprised of--

(I) independent experts with experience relating to--

(aa) coastal estuaries;
(bb) diversions;
(cc) coastal restoration;
(dd) wetlands protection;
(ee) ecosystem restoration;
(ff) hurricane protection;
(gg) storm damage reduction systems; and
(hh) navigation and ports; and

(II) representatives of--

(aa) the State of Louisiana; and
(bb) local governments in southern Louisiana.
(ii) Purposes.--The purposes referred to in clause (i)
are--

(I) to advise the Task Force and the Secretary regarding
opportunities to integrate the planning, engineering, design,
implementation, and performance of Corps of Engineers
projects for hurricane and storm damage reduction, flood
damage reduction, ecosystem restoration, and navigation in
areas of Louisiana declared to be a major disaster as a
result of Hurricane Katrina or Rita;
(II) to review reports relating to the performance of, and
recommendations relating to the future performance of, the
hurricane, coastal, and flood protection systems in southern
Louisiana, including the reports issued by the Interagency
Performance Evaluation Team, the National Science Foundation,
the American Society of Civil Engineers, and Team Louisiana
to advise the Task Force and the Secretary on opportunities
to improve the performance of the protection systems; and
(III) to carry out such other duties as the Task Force or
the Secretary determine to be appropriate.

On page 54, line 6, strike ``for participation in'' and
insert ``for the 100-year level of flood protection, in
accordance with''.
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 1970 (42 U.S.C. 1962d-5b) (as
amended by section 2001).
Beginning on page 58, strike line 11 and all that follows
through page 60, line 3, 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

[[Page S6210]]

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 clause (i)
shall include--

(I) a comprehensive plan to deauthorize 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;
(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); and
(VI) consideration of--

(aa) use of native vegetation; and
(bb) diversions of fresh water to restore the Lake Borgne
ecosystem.
(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.
On page 64, after line 23, insert the following, and
redesignate the subsequent paragraphs accordingly:
(5) Lawrence gateway, massachusetts.--Project for aquatic
ecosystem restoration at the Lawrence Gateway quadrant
project along the Merrimack and Spicket Rivers in Lawrence,
Massachusetts, in accordance with the general conditions
established by the project approval of the Environmental
Protection Agency, Region I, including filling abandoned
drainage facilities and making improvements to the drainage
system on the Lawrence Gateway to prevent continued migration
of contaminated sediments into the river systems.
Strike section 3003 and insert the following:

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

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

SEC. 3___. PERRY CREEK, IOWA.

(a) In General.--On making a determination described in
subsection (b), the Secretary shall increase the Federal
contribution for the project for flood control, Perry Creek,
Iowa, authorized under section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4116; 117 Stat. 1844).
(b) Determination.--A determination referred to in
subsection (a) is a determination that a modification to the
project described in that subsection is necessary for the
Federal Emergency Management Agency to certify that the
project provides flood damage reduction benefits to at least
a 100-year level.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $4,000,000.
At the appropriate place in title III, insert the
following:

SEC. 3___. RATHBUN LAKE, IOWA.

(a) Right of First Refusal.--The Secretary shall provide,
in accordance with the recommendations in the Rathbun Lake
Reallocation Report approved by the Chief of Engineers on
July 22, 1985, the Rathbun Regional Water Association with
the right of first refusal to contract for or purchase any
increment of the remaining allocation (8,320 acre-feet) of
water supply storage in Rathbun Lake, Iowa.
(b) Payment of Cost.--The Rathbun Regional Water
Association shall pay the cost of any water supply storage
allocation provided under subsection (a).
At the appropriate place in title III, insert the
following:

SEC. 3___. JACKSON COUNTY, MISSISSIPPI.

(a) Modification.--Section 331 of the Water Resources
Development Act of 1999 (113 Stat. 305) is amended by
striking ``$5,000,000'' and inserting ``$9,000,000''.
(b) Applicability of Credit.--The credit provided by
section 331 of the Water Resources Development Act of 1999
(113 Stat. 305) (as modified by subsection (a)) shall apply
to costs incurred by the Jackson County Board of Supervisors
during the period beginning on February 8, 1994, and ending
on the date of enactment of this Act for projects authorized
by section 219(c)(5) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 113
Stat. 1494; 114 Stat. 2763A-219).
At the appropriate place in title III, insert the
following:

SEC. 3___. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.

The project for beach erosion control and hurricane
protection, Sandbridge Beach, Virginia Beach, Virginia,
authorized by section 101(22) of the Water Resources
Development Act of 1992 (106 Stat. 4804; 114 Stat. 2612), is
modified to authorize the Secretary to review the project to
determine whether any additional Federal interest exists with
respect to the project, taking into consideration conditions
and development levels relating to the project in existence
on the date of enactment of this Act.
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.
At the appropriate place in title IV, insert the following:

SEC. 4___. WALLA WALLA RIVER BASIN, OREGON AND WASHINGTON.

In conducting the study to determine the feasibility of
carrying out a project for ecosystem restoration, Walla Walla
River Basin, Oregon and Washington, the Secretary shall--
(1) provide a credit toward the non-Federal share of the
cost of the project for the cost of any activity carried out
by the non-Federal interest before the date of the
partnership agreement for the project, if the Secretary
determines that the activity is integral to the project; and
(2) allow the non-Federal interest to provide the non-
Federal share of the cost of the study in the form of in-kind
services and materials.
Strike section 4028 (relating to Jasper County port
facility study, South Carolina) and insert the following:

SEC. 4028. PROJECTS FOR IMPROVEMENT, SAVANNAH RIVER, SOUTH
CAROLINA AND GEORGIA.

(a) In General.--The Secretary shall determine the
feasibility of carrying out projects--
(1) to improve the Savannah River for navigation and
related purposes that may be necessary to support the
location of container cargo and other port facilities to be
located in Jasper County, South Carolina, in the vicinity of
Mile 6 of the Savannah Harbor entrance channel; and
(2) to remove from the proposed Jasper County port site the
easements used by the Corps of Engineers for placement of
dredged fill materials for the Savannah Harbor Federal
navigation project.
(b) Factors for Consideration.--In making a determination
under subsection (a), the Secretary shall take into
consideration--
(1) landside infrastructure;
(2) the provision of any additional dredged material
disposal area as a consequence of removing from the proposed
Jasper County port site the easements used by the Corps of

[[Page S6211]]

Engineers for placement of dredged fill materials for the
Savannah Harbor Federal navigation project; and
(3) the results of the proposed bistate compact between the
State of Georgia and the State of South Carolina to own,
develop, and operate port facilities at the proposed Jasper
County port site, as described in the term sheet executed by
the Governor of the State of Georgia and the Governor of the
State of South Carolina on March 12, 2007.
Strike paragraph (1) of section 5010(a) (relating to the
Susquehanna, Delaware, and Potomac River Basins, Delaware,
Maryland, Pennsylvania, and Virginia) and insert the
following:
(1) shall be--
(A) the ex officio United States member under the
Susquehanna River Basin Compact and the Delaware River Basin
Compact; and
(B) 1 of the 3 members appointed by the President under the
Potomac River Basin Compact;
In paragraph (1) of section 5010(e) (relating to the
Susquehanna, Delaware, and Potomac River Basins, Delaware,
Maryland, Pennsylvania, and Virginia), strike ``Potomac River
Basin Commission'' and insert ``Interstate Commission on the
Potomac River Basin''.
In section 5011(a) (relating to the Anacostia River,
District of Columbia and Maryland), strike ``1 year'' and
insert ``2 years''.
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), if the
agency or department that provides the Federal funds
determines that the funds are eligible to be used for that
purpose.''.
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.
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.
At the appropriate place in Title II, insert the following:

SEC. 2 __. PROJECT DEAUTHORIZATION.

Section 1001(b)(2) of the Water Resources Development Act
of 1986 (33 U.S.C. 597a) is amended as follows:
(1) In the first sentence by striking ``two years'' and
inserting ``year'',
(2) In the last sentence by striking ``30 months after the
date'' and inserting ``the last date of the fiscal year
following the fiscal year in which'', and
(3) In the last sentence by striking ``such 30 month
period'' and inserting ``such period''.

On page 60, between lines 16 and 17, insert the following:
(u) Emergency Procedures.--
(1) In general.--If the President determines that a feature
recommended in the analysis and design of comprehensive
hurricane protection under title I of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2447), could (1) address an imminent threat to life and
property; (2) prevent a dangerous storm surge from reaching a
populated area; (3) prevent the loss of coastal areas that
reduce the impact of storm surge; (4) benefit national energy
security; (5) protect emergency hurricane evacuation routes
or shelters; or (6) address inconsistencies in hurricane
protection standards, the President may submit to the Speaker
of the House of Representatives and the President pro tempore
of the Senate for authorization a legislative proposal
relating to the feature, as the President determines to be
appropriate.
(2) Prioritization.--In submitting legislative proposals
under paragraph (1), the President shall give highest
priority to any project that, as determined by the President,
would--
(A) to the maximum extent practicable, reduce the risk--
(i) of loss of human life;
(ii) to public safety; and
(iii) of damage to property; and
(B) minimize costs and environmental impacts.
(3) Expedited consideration.--
(A) In general.--Beginning after December 31, 2008, any
legislative proposal submitted by the President under
paragraph (1) shall be eligible for expedited consideration
in accordance with this paragraph.
(B) Introduction.--As soon as practicable after the date of
receipt of a legislative proposal under paragraph (1), the
Chairman of the Committee on Environment and Public Works of
the Senate and the Chairman of the Committee on
Transportation and Infrastructure of the House of
Representatives shall introduce the proposal as a bill, by
request, in the Senate or the House of Representatives, as
applicable.
(C) Referral.--A bill introduced under subparagraph (B)
shall be referred to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, [as
applicable.]
(D) Committee consideration.--
(i) In general.--Not later than 45 legislative days after a
bill under subparagraph (B) is referred to a Committee in
accordance with subparagraph (C), the Committee shall act on
the bill.
(ii) Failure to act.--If a Committee fails to act on a bill
by the date specified in clause (i), the bill shall be
discharged from the Committee and placed on the calendar of
the Senate or the House of Representatives, as applicable.
(E) Senate floor consideration.--
(i) In general.--Floor consideration in the Senate
regarding a bill introduced under subparagraph (B) shall be
limited to 20 hours, to be equally divided between the
Majority Leader and the Minority Leader of the Senate (or a
designee).
(ii) Nongermane amendments.--An amendment that is
nongermane to a bill introduced under subparagraph (B) shall
not be in order.
(4) Effective date.--This requirements of, and authorities
under, this subsection shall expire on December 31, 2010.

____________________