S.Amdt. 899Senate113th Congress (2013-2015)

Relating to the State of Louisiana's Comprehensive Master Plan for a Sustainable Coast, and to improve a provision relating to dam optimization.

What it does: 7 changes: replaces text in 6 places, inserts text
Submitted May 13, 2013

What it changes

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

Replaces text in 6 placesInserts text

We couldn't read part of this amendment. That part is shown as written below.

  1. Change 1: Rewrites page 214, lines 15–20

    ReplacesPrinted page

    Removes page 214, lines 15–20 of the printed bill. See that page

    Inserted: (d) Interim Adoption of Comprehensive Master Plan.--Prior to completion of the comprehensive plan described under subsection (a), the Secretary shall adopt the plan of the State of Louisiana entitled 'Louisiana's Comprehensive Master Plan for a Sustainable Coast' in effect on the

    Original wording

    On page 214, strike lines 15 through 20 and insert the following:

  2. Change 2: Inserts new text on page 216, between lines 3 and 4

    Inserted: (c) Effect.--

    Inserted: (1) In general.--Nothing in this section or an amendment made by this section authorizes the construction of a project or program associated with a storm surge barrier across the Lake Pontchartrain land bridge (including Chef Menteur Pass and the Rigolets) that would result in unmitigated induced flooding in coastal communities within the State of Mississippi.

    Inserted: (2) Required consultation.--Any study to advance a project described in paragraph (1) that is conducted using funds from the General Investigations Account of the Corps of Engineers shall include consultation and approval of the Governors of the States of Louisiana and Mississippi.

    Original wording

    On page 216, between lines 3 and 4, insert the following:

  3. Change 3: Replaces “2018” with “2023”

    ReplacesPage 222, line 14Printed page

    [struck: 2018][inserted: 2023]

    Original wording

    On page 222, line 14, strike “2018” and insert “2023”.

  4. Change 4: Rewrites page 239, lines 14–19

    ReplacesPrinted page

    Removes page 239, lines 14–19 of the printed bill. See that page

    Inserted: (2) remain available until expended.

    Original wording

    On page 239, strike lines 14 through 19 and insert the following:

  5. Change 5: Replaces “amount” with “amounts remaining after the date of enactment of this Act”

    ReplacesPage 293, line 2Printed page

    [struck: amount][inserted: amounts remaining after the date of enactment of this Act]

    Original wording

    On page 293, line 2, strike “amount” and insert “amounts remaining after the date of enactment of this Act”.

  6. Change 6: Replaces “or ecosystem restoration” with “ecosystem restoration, or navigation”

    ReplacesPage 347, line 12Printed page

    In S. 601 · Reported to Senate

    (a) Watershed Assessments.--

    (1) In general.--In an area that the President has declared a major disaster in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary may carry out a watershed assessment to identify, to the maximum extent practicable, specific flood risk reduction, hurricane and storm damage reduction, [struck: or ]ecosystem restoration[struck: ][inserted: , or navigation ]project recommendations that will help to rehabilitate and improve the resiliency of damaged infrastructure and natural resources to reduce risks to human life and property from future natural disasters.

    (2) Existing projects.--A watershed assessment carried out paragraph (1) may identify existing projects being carried out under 1 or more of the authorities referred to in subsection (b) (1).

    Original wording

    On page 347, line 12, strike “or ecosystem restoration” and insert “ecosystem restoration, or navigation”.

  7. Change 7: Rewrites page 47, line 3 through page 53, line 13

    ReplacesPrinted page

    Removes page 47, line 3 through page 53, line 13 of the printed bill. See that page

    Inserted: SEC. 2014. DAM OPTIMIZATION.

    Inserted: (a) Definition of Other Related Project Benefits.--In this section, the term "other related project benefits" includes--

    Inserted: (1) environmental protection and restoration, including restoration of water quality and water flows, improving movement of fish and other aquatic species, and restoration of floodplains, wetlands, and estuaries;

    Inserted: (2) increased water supply storage (except for any project in the Apalachicola-Chattahoochee-Flint River system and the Alabama-Coosa-Tallapoosa River system);

    Inserted: (3) increased hydropower generation;

    Inserted: (4) reduced flood risk;

    Inserted: (5) additional navigation; and

    Inserted: (6) improved recreation.

    Inserted: (b) Program.--

    Inserted: (1) In general.--The Secretary may carry out activities--

    Inserted: (A) to improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the Corps of Engineers; and

    Inserted: (B) to maximize, to the extent practicable--

    Show 43 more inserted paragraphs

    Inserted: (i) authorized project purposes; and

    Inserted: (ii) other related project benefits.

    Inserted: (2) Eligible activities.--An eligible activity under this section is any activity that the Secretary would otherwise be authorized to carry out that is designed to provide other related project benefits in a manner that does not adversely impact the authorized purposes of the project.

    Inserted: (3) Impact on authorized purposes.--An activity carried out under this section shall not adversely impact any of the authorized purposes of the project.

    Inserted: (4) Effect.--

    Inserted: (A) Existing agreements.--Nothing in this section--

    Inserted: (i) supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; or

    Inserted: (ii) supersedes or authorizes any amendment to a multistate water-control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act).

    Inserted: (B) Water rights.--Nothing in this section--

    Inserted: (i) affects any water right in existence on the date of enactment of this Act;

    Inserted: (ii) preempts or affects any State water law or interstate compact governing water; or

    Inserted: (iii) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State.

    Inserted: (5) Other laws.--

    Inserted: (A) In general.--An activity carried out under this section shall comply with all other applicable laws (including regulations).

    Inserted: (B) Water supply.--Any activity carried out under this section that results in any modification to water supply storage allocations at a reservoir operated by the Secretary shall comply with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).

    Inserted: (c) Policies, Regulations, and Guidance.--The Secretary shall carry out a review of, and as necessary modify, the policies, regulations, and guidance of the Secretary to carry out the activities described in subsection (b).

    Inserted: (d) Coordination.--

    Inserted: (1) In general.--The Secretary shall--

    Inserted: (A) coordinate all planning and activities carried out under this section with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those plans or activities; and

    Inserted: (B) give priority to planning and activities under this section if the Secretary determines that--

    Inserted: (i) the greatest opportunities exist for achieving the objectives of the program, as specified in subsection (b)(1), and

    Inserted: (ii) the coordination activities under this subsection indicate that there is support for carrying out those planning and activities.

    Inserted: (2) Non-federal interests.--Prior to carrying out an activity under this section, the Secretary shall consult with any applicable non-Federal interest of the affected dam or related infrastructure.

    Inserted: (e) Reports.--

    Inserted: (1) In general.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to Congress a report describing the actions carried out under this section.

    Inserted: (2) Inclusions.--Each report under paragraph (1) shall include--

    Inserted: (A) a schedule for reviewing the operations of individual projects; and

    Inserted: (B) any recommendations of the Secretary on changes that the Secretary determines to be necessary--

    Inserted: (i) to carry out existing project authorizations, including the deauthorization of any water resource project that the Secretary determines could more effectively be achieved through other means;

    Inserted: (ii) to improve the efficiency of water resource project operations; and

    Inserted: (iii) to maximize authorized project purposes and other related project benefits.

    Inserted: (3) Updated report.--

    Inserted: (A) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall update the report entitled "Authorized and Operating Purposes of Corps of Engineers Reservoirs" and dated July 1992, which was produced pursuant to section 311 of the Water Resources Development Act of 1990 (104 Stat. 4639).

    Inserted: (B) Inclusions.--The updated report described in subparagraph (A) shall include--

    Inserted: (i) the date on which the most recent review of project operations was conducted and any recommendations of the Secretary relating to that review the Secretary determines to be significant; and

    Inserted: (ii) the dates on which the recommendations described in clause (i) were carried out.

    Inserted: (f) Funding.--

    Inserted: (1) In general.--The Secretary may use to carry out this section amounts made available to the Secretary from--

    Inserted: (A) the general purposes and expenses account;

    Inserted: (B) the operations and maintenance account; and

    Inserted: (C) any other amounts that are appropriated to carry out this section.

    Inserted: (2) Funding from other sources.--The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this section.

    Inserted: (g) Cooperative Agreements.--The Secretary may enter into cooperative agreements with other Federal agencies and non-Federal entities to carry out this section.

    Original wording

    Beginning on page 47, strike line 3 and all that follows through page 53, line 13, and insert the following:

Shown as written

for the period beginning with fiscal year 2001 $450,000,000, which shall--“(1) be made available to the States and locales described in subsection (b) consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities; and

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

As printed

On page 214, strike lines 15 through 20 and insert the following:

“(d) Interim Adoption of Comprehensive Master Plan.--Prior to completion of the comprehensive plan described under subsection (a), the Secretary shall adopt the plan of the State of Louisiana entitled ‘Louisiana's Comprehensive Master Plan for a Sustainable Coast' in effect on the

On page 216, between lines 3 and 4, insert the following:

(c) Effect.--

(1) In general.--Nothing in this section or an amendment made by this section authorizes the construction of a project or program associated with a storm surge barrier across the Lake Pontchartrain land bridge (including Chef Menteur Pass and the Rigolets) that would result in unmitigated induced flooding in coastal communities within the State of Mississippi.

(2) Required consultation.--Any study to advance a project described in paragraph (1) that is conducted using funds from the General Investigations Account of the Corps of Engineers shall include consultation and approval of the Governors of the States of Louisiana and Mississippi.

On page 222, line 14, strike “2018” and insert “2023”.

On page 239, strike lines 14 through 19 and insert the following: for the period beginning with fiscal year 2001 $450,000,000, which shall--

“(1) be made available to the States and locales described in subsection (b) consistent with program priorities determined by the Secretary in accordance with criteria developed by the Secretary to establish the program priorities; and

“(2) remain available until expended.”.

On page 293, line 2, strike “amount” and insert “amounts remaining after the date of enactment of this Act”.

On page 347, line 12, strike “or ecosystem restoration” and insert “ecosystem restoration, or navigation”.

Beginning on page 47, strike line 3 and all that follows through page 53, line 13, and insert the following:

SEC. 2014. DAM OPTIMIZATION.

(a) Definition of Other Related Project Benefits.--In this section, the term “other related project benefits” includes--

(1) environmental protection and restoration, including restoration of water quality and water flows, improving movement of fish and other aquatic species, and restoration of floodplains, wetlands, and estuaries;

(2) increased water supply storage (except for any project in the Apalachicola-Chattahoochee-Flint River system and the Alabama-Coosa-Tallapoosa River system);

(3) increased hydropower generation;

(4) reduced flood risk;

(5) additional navigation; and

(6) improved recreation.

(b) Program.--

(1) In general.--The Secretary may carry out activities--

(A) to improve the efficiency of the operations and maintenance of dams and related infrastructure operated by the Corps of Engineers; and

(B) to maximize, to the extent practicable--

(i) authorized project purposes; and

(ii) other related project benefits.

(2) Eligible activities.--An eligible activity under this section is any activity that the Secretary would otherwise be authorized to carry out that is designed to provide other related project benefits in a manner that does not adversely impact the authorized purposes of the project.

(3) Impact on authorized purposes.--An activity carried out under this section shall not adversely impact any of the authorized purposes of the project.

(4) Effect.--

(A) Existing agreements.--Nothing in this section--

(i) supersedes or modifies any written agreement between the Federal Government and a non-Federal interest that is in effect on the date of enactment of this Act; or

(ii) supersedes or authorizes any amendment to a multistate water-control plan, including the Missouri River Master Water Control Manual (as in effect on the date of enactment of this Act).

(B) Water rights.--Nothing in this section--

(i) affects any water right in existence on the date of enactment of this Act;

(ii) preempts or affects any State water law or interstate compact governing water; or

(iii) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State.

(5) Other laws.--

(A) In general.--An activity carried out under this section shall comply with all other applicable laws (including regulations).

(B) Water supply.--Any activity carried out under this section that results in any modification to water supply storage allocations at a reservoir operated by the Secretary shall comply with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b).

(c) Policies, Regulations, and Guidance.--The Secretary shall carry out a review of, and as necessary modify, the policies, regulations, and guidance of the Secretary to carry out the activities described in subsection (b).

(d) Coordination.--

(1) In general.--The Secretary shall--

(A) coordinate all planning and activities carried out under this section with appropriate Federal, State, and local agencies and those public and private entities that the Secretary determines may be affected by those plans or activities; and

(B) give priority to planning and activities under this section if the Secretary determines that--

(i) the greatest opportunities exist for achieving the objectives of the program, as specified in subsection (b)(1), and

(ii) the coordination activities under this subsection indicate that there is support for carrying out those planning and activities.

(2) Non-federal interests.--Prior to carrying out an activity under this section, the Secretary shall consult with any applicable non-Federal interest of the affected dam or related infrastructure.

(e) Reports.--

(1) In general.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall submit to Congress a report describing the actions carried out under this section.

(2) Inclusions.--Each report under paragraph (1) shall include--

(A) a schedule for reviewing the operations of individual projects; and

(B) any recommendations of the Secretary on changes that the Secretary determines to be necessary--

(i) to carry out existing project authorizations, including the deauthorization of any water resource project that the Secretary determines could more effectively be achieved through other means;

(ii) to improve the efficiency of water resource project operations; and

(iii) to maximize authorized project purposes and other related project benefits.

(3) Updated report.--

(A) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall update the report entitled “Authorized and Operating Purposes of Corps of Engineers Reservoirs” and dated July 1992, which was produced pursuant to section 311 of the Water Resources Development Act of 1990 (104 Stat. 4639).

(B) Inclusions.--The updated report described in subparagraph (A) shall include--

(i) the date on which the most recent review of project operations was conducted and any recommendations of the Secretary relating to that review the Secretary determines to be significant; and

(ii) the dates on which the recommendations described in clause (i) were carried out.

(f) Funding.--

(1) In general.--The Secretary may use to carry out this section amounts made available to the Secretary from--

(A) the general purposes and expenses account;

(B) the operations and maintenance account; and

(C) any other amounts that are appropriated to carry out this section.

(2) Funding from other sources.--The Secretary may accept and expend amounts from non-Federal entities and other Federal agencies to carry out this section.

(g) Cooperative Agreements.--The Secretary may enter into cooperative agreements with other Federal agencies and non-Federal entities to carry out this section.

Legislative Activity

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Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 899 proposed by Senator Boxer.(consideration: CR S3401-3408)

May 14, 2013

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Floor

Senate amendment proposed (on the floor): Amendment SA 899 proposed by Senator Boxer.(consideration: CR S3401-3408)

May 14, 2013

Floor

Senate amendment agreed to: Amendment SA 899 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S3404-3405)

May 14, 2013

Floor

Amendment SA 899 proposed by Senator Boxer. (consideration: CR S3401-3408) Relating to the State of Louisiana's Comprehensive Master Plan for a Sustainable Coast, and to improve a provision relating to dam optimization.

May 14, 2013

Floor

Amendment SA 899 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S3404-3405)

May 14, 2013

Floor

Senate amendment submitted

May 13, 2013