What it changes

1 change to S. 601 · shown in the bill's text

Adds a section
  1. Adds SEC. _____. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER PROJECTS at the end of title III

    Adds a section

    In S. 601 · Reported to Senate

    The project for the Harbor of Refuge at Point Judith, Narragansett, Rhode Island, adopted by the Act of September 19, 1890 (commonly known as the "River and Harbor Act of 1890") (26 Stat. 426, chapter 907), House Document numbered 66, 51st Congress, 1st Session, and modified to include the west shore arm breakwater under the first section of the Act of June 25, 1910 (commonly known as the "River and Harbor Act of 1910") (36 Stat. 632, chapter 382), is further modified to include shore protection and erosion control as project purposes.

    Inserted: SEC. _____. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER PROJECTS.

    Inserted: (a) Definitions.--In this section:

    Inserted: (1) Apalachicola-Chattahoochee-Flint projects.--The term "Apalachicola-Chattahoochee-Flint projects" means the Federal water resources projects on the Apalachicola, Chattahoochee, and Flint Rivers in the States of Alabama, Florida, and Georgia authorized by section 2 of the Act of March 2, 1945 (59 Stat. 17, chapter 19; 60 Stat. 635, chapter 595) and section 203 of the Flood Control Act of 1962 (76 Stat. 1182), including--

    Inserted: (A) Buford Dam and Reservoir;

    Inserted: (B) West Point Dam and Reservoir;

    Inserted: (C) George W. Andrews Dam and Reservoir;

    Inserted: (D) Walter F. George Dam and Reservoir; and

    Inserted: (E) Jim Woodruff Dam and Reservoir.

    Inserted: (2) Freshwater flows.--The term "freshwater flows" means the quality, quantity, timing, and variability of freshwater flows required--

    Inserted: (A) to support and reestablish--

    Inserted: (i) the physical, chemical, biological, and overall ecological integrity of the components, functions, and natural processes required for a thriving and resilient Apalachicola River, Apalachicola River floodplain, and Apalachicola Bay;

    Inserted: (ii) commercial and recreational fisheries dependent on freshwater flows into Apalachicola Bay and adjacent waters, including the Gulf of Mexico; and

    Show 15 more inserted paragraphs

    Inserted: (iii) thriving and diverse fish, wildlife, and plant populations having species composition, diversity, adaptability, and functional organization similar to those found in the Apalachicola River ecosystem prior to construction of the Apalachicola-Chattahoochee-Flint projects;

    Inserted: (B) to restore and recover species that are endangered, threatened, or at risk; and

    Inserted: (C) to prevent significantly harmful adverse impacts to the Apalachicola River ecosystem.

    Inserted: (b) Project Modification.--Notwithstanding any authorized purpose of the Apalachicola-Chattahoochee-Flint projects, the Secretary shall operate the Apalachicola-Chattahoochee-Flint projects in a manner that ensures the maintenance of freshwater flows.

    Inserted: (c) Revision of Water Control Manuals.--

    Inserted: (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall complete the ongoing revision of the water control manuals for the Apalachicola-Chattahoochee-Flint projects and issue revised water control manuals for those projects that ensure the maintenance of freshwater flows.

    Inserted: (2) Independent peer review of water control manuals.--

    Inserted: (A) In general.--The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall carry out an independent peer review of each revised water control manual, as required under section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343).

    Inserted: (B) Compliance.--Each independent peer review under this paragraph shall comply with section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343).

    Inserted: (3) Final approval.--Before a final water control manual may be issued, the Secretary shall obtain written approval of each water control manual developed under this subsection from--

    Inserted: (A) the Administrator of the Environmental Protection Agency;

    Inserted: (B) the Director of the United States Fish and Wildlife Service;

    Inserted: (C) the Director of the National Oceanic and Atmospheric Administration; and

    Inserted: (D) the Director of the United States Geological Survey.

    Inserted: (d) Applicability of Other Federal and State Laws.--Except as provided in subsection (b), nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to the Apalachicola-Chattahoochee-Flint projects.

    Original wording

    At the end of title III, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 877. Mr. NELSON submitted an amendment intended to be proposed by him to the bill S. 601, to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III, add the following:

SEC. _____. APALACHICOLA, CHATTAHOOCHEE, AND FLINT RIVER PROJECTS.

(a) Definitions.--In this section:

(1) Apalachicola-Chattahoochee-Flint projects.--The term “Apalachicola-Chattahoochee-Flint projects” means the Federal water resources projects on the Apalachicola, Chattahoochee, and Flint Rivers in the States of Alabama, Florida, and Georgia authorized by section 2 of the Act of March 2, 1945 (59 Stat. 17, chapter 19; 60 Stat. 635, chapter 595) and section 203 of the Flood Control Act of 1962 (76 Stat. 1182), including--

(A) Buford Dam and Reservoir;

(B) West Point Dam and Reservoir;

(C) George W. Andrews Dam and Reservoir;

(D) Walter F. George Dam and Reservoir; and

(E) Jim Woodruff Dam and Reservoir.

(2) Freshwater flows.--The term “freshwater flows” means the quality, quantity, timing, and variability of freshwater flows required--

(A) to support and reestablish--

(i) the physical, chemical, biological, and overall ecological integrity of the components, functions, and natural processes required for a thriving and resilient Apalachicola River, Apalachicola River floodplain, and Apalachicola Bay;

(ii) commercial and recreational fisheries dependent on freshwater flows into Apalachicola Bay and adjacent waters, including the Gulf of Mexico; and

(iii) thriving and diverse fish, wildlife, and plant populations having species composition, diversity, adaptability, and functional organization similar to those found in the Apalachicola River ecosystem prior to construction of the Apalachicola-Chattahoochee-Flint projects;

(B) to restore and recover species that are endangered, threatened, or at risk; and

(C) to prevent significantly harmful adverse impacts to the Apalachicola River ecosystem.

(b) Project Modification.--Notwithstanding any authorized purpose of the Apalachicola-Chattahoochee-Flint projects, the Secretary shall operate the Apalachicola-Chattahoochee-Flint projects in a manner that ensures the maintenance of freshwater flows.

(c) Revision of Water Control Manuals.--

(1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall complete the ongoing revision of the water control manuals for the Apalachicola-Chattahoochee-Flint projects and issue revised water control manuals for those projects that ensure the maintenance of freshwater flows.

(2) Independent peer review of water control manuals.--

(A) In general.--The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall carry out an independent peer review of each revised water control manual, as required under section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343).

(B) Compliance.--Each independent peer review under this paragraph shall comply with section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343).

(3) Final approval.--Before a final water control manual may be issued, the Secretary shall obtain written approval of each water control manual developed under this subsection from--

(A) the Administrator of the Environmental Protection Agency;

(B) the Director of the United States Fish and Wildlife Service;

(C) the Director of the National Oceanic and Atmospheric Administration; and

(D) the Director of the United States Geological Survey.

(d) Applicability of Other Federal and State Laws.--Except as provided in subsection (b), nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to the Apalachicola-Chattahoochee-Flint projects.

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Senate amendment submitted

May 9, 2013