S.Amdt. 5006

SA 5006. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 4979 proposed by Mr. Inhofe to the bill S. 2848, 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 VIII, add the following:

SEC. 8___. GUIDELINES FOR SPECIFICATION OF CERTAIN DISPOSAL
SITES.

Section 404(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1344(b)) is amended--
(1) by striking ``(b) Subject to subsection (c) of this
section'' and inserting the following:
``(b) Specification for Disposal Sites.--
``(1) In general.--Subject to subsection (c)'';
(2) by striking ``the Secretary (1) through'' and inserting
the following: ``the Secretary--
``(A) through'';
(3) by striking ``section 403(c), and (2) in any case where
such guidelines under clause (1) alone'' and inserting the
following: ``section 403(c); and
``(B) in any case in which guidelines under subparagraph
(A) alone''; and
(4) by adding at the end the following:
``(2) Limitation.--Guidelines under paragraph (1) may not
prohibit the specification of a site due to the lack of a
final site plan resulting from the lack of an identified end
user or industry or industrial classification for the site
when determining whether there is a practicable alternative
to a proposed discharge that would result in less adverse
impact on the aquatic ecosystem.''.
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