S.Amdt. 1876

SA 1876. Mr. BINGAMAN (for himself and Mr. Udall of New Mexico)
submitted an amendment intended to be proposed to amendment SA 1813
submitted by Mr. Dorgan to the bill H.R. 3183, making appropriations
for energy and water development and related agencies for the fiscal
year ending September 30, 2010, and for other purposes; which was
ordered to lie on the table; as follows:

Beginning on page 3, strike line 1 and all that follows
through page 6, line 10, and insert the following:

construction, general

For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $1,926,000,000, to remain available until
expended; of which $2,500,000 shall be made available for the
Acequias Irrigation System, New Mexico; of which such sums as
are necessary to cover the Federal share of construction
costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor
Maintenance Trust Fund as authorized by Public Law 104-303;
and of which such sums as are necessary pursuant to Public
Law 99-662 shall be derived from the Inland Waterways Trust
Fund, to cover one-half of the costs of construction,
replacement, rehabilitation, and expansion of inland
waterways projects (including only Chickamauga Lock,
Tennessee; Kentucky Lock and Dam, Tennessee River, Kentucky;
Lock and Dams 2, 3, and 4 Monongahela River, Pennsylvania;
Markland Locks and Dam, Kentucky and Indiana; Olmsted Lock
and Dam, Illinois and Kentucky; and Emsworth Locks and Dam,
Ohio River, Pennsylvania) shall be derived from the Inland
Waterways Trust Fund: Provided, That the Chief of Engineers
is directed to use $18,000,000 of the funds appropriated
herein for the Dallas Floodway Extension, Texas, project,
including the Cadillac Heights feature, generally in
accordance with the Chief of Engineers report dated December
7, 1999: Provided further, That the Chief of Engineers is
directed to use $21,750,000 of funds available for the
Marlinton, West Virginia Local Protection Project to continue
engineering and design efforts, execute a project partnership
agreement, and construct the project substantially in
accordance with Alternative 1 as described in the Corps of
Engineers Final Detailed Project Report and Environmental
Impact Statement for Marlinton, West Virginia Local
Protection Project dated September 2008: Provided further,
That the Federal and non-Federal shares shall be determined
in accordance with the ability-to-pay provisions prescribed
in section 103(m) of the Water Resources Development Act of
1986, as amended: Provided further, That the Chief of
Engineers is directed to use $2,750,000 of the funds
appropriated herein for planning, engineering, design or
construction of the Grundy, Buchanan County, and Dickenson
County, Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided
further, That the Chief of Engineers is directed to use
$4,000,000 of the funds appropriated herein to continue
planning, engineering, design or construction of the Lower
Mingo County, Upper Mingo County, Wayne County, McDowell
County, West Virginia, elements of the Levisa and Tug Forks
of the Big Sandy River and Upper Cumberland River Project.

mississippi river and tributaries

For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$340,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers is directed to use $10,000,000
appropriated herein for construction of water withdrawal
features of the Grand Prairie, Arkansas, project.

operation and maintenance

For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $2,448,000,000, to remain
available until expended, of which $2,188,000 shall be made
available for the Upper Rio Grande Water Operations Model
Study, New Mexico; of which such sums as
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