To provide funding for water infrastructure projects.

SA 2978. Mr. THUNE (for himself, Mr. Durbin, Mr. Alexander, Ms.
Klobuchar, Mr. Rounds, and Mr. Grassley) submitted an amendment
intended to be proposed to amendment SA 2910 proposed by Mr. Shelby to
the bill H.R. 5895, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2019, and for other purposes; which was ordered to lie on the
table; as follows:

Beginning on page 4, strike line 18 and all that follows
through page 16, line 25, and insert the following:
ment to construction); $2,148,000,000, to remain available
until expended; 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 to cover one-half of the costs of construction,
replacement, rehabilitation, and expansion of inland
waterways projects, except for Chickamauga Lock, Tennessee
River, Tennessee, which shall be 15 percent during the fiscal
year covered by this Act, shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically
provided for in law:  Provided, That of the funds made
available under this heading, $102,130,000 shall be for
Additional Funding, Inland Waterways Trust Fund Revenues, as
designated in the report accompanying this Act:  Provided
further, That of the funds made available under this heading,
$507,870,000 shall be for Additional Funding, Navigation, as
designated in the report accompanying this Act.

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,
$350,000,000, 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.

operation and maintenance

For expenses necessary for the operation, maintenance, and
care of existing river and

[[Page S4052]]

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, $3,740,000,000, to remain available until
expended, of which such sums as are necessary to cover the
Federal share of eligible operation and maintenance costs for
coastal harbors and channels, and for inland harbors shall be
derived from the Harbor Maintenance Trust Fund; of which such
sums as become available from the special account for the
Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 shall be derived from that
account for resource protection, research, interpretation,
and maintenance activities related to resource protection in
the areas at which outdoor recreation is available; and of
which such sums as become available from fees collected under
section 217 of Public Law 104-303 shall be used to cover the
cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds
provided for each of the programs, projects, or activities
funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by
the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate
during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in
accordance with the amounts provided for the programs,
projects, or activities.

regulatory program

For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$200,000,000, to remain available until September 30, 2020.

formerly utilized sites remedial action program

For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $120,000,000, to
remain available until expended.

flood control and coastal emergencies

For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $35,000,000, to remain available until
expended.

expenses

For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $193,000,000, to remain available until September
30, 2020, of which not to exceed $5,000 may be used for
official reception and representation purposes and only
during the current fiscal year:  Provided, That no part of
any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the division offices:  Provided
further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.

office of the assistant secretary of the army for civil works

For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$5,000,000, to remain available until September 30, 2020:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of
the additional funding provided under each heading in this
title, as designated under such heading in the report of the
Committee on Appropriations accompanying this Act, to
specific programs, projects, or activities.

GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

(including transfer of funds)

Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2019, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000:  Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000:  Provided further, That up
to $3,000,000 may be reprogrammed for settled contractor
claims, changed conditions, or real estate deficiency
judgments:  Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that did
not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies:  Provided, That the Chief of Engineers shall
notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study, or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000:  Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the House
and Senate Committees on Appropriations to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
(e) The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act
and the report of the Committee on Appropriations
accompanying this Act, including the determination and
designation of new starts.
(f) None of the funds made available in this title may be
used to award or modify any contract that commits funds
beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts
may include any funds that have been made available through
reprogramming pursuant to this section.
Sec. 102.  The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 103.  None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341):  Provided, That until an open
lake placement alternative for dredged material is approved

[[Page S4053]]

under a State water quality certification, the Corps of
Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 104.  None of the funds made available in this title
may be used for any acquisition of buoy chain that is not
consistent with 48 CFR 225.7007, subsections (a)(1) and
(a)(2).
Sec. 105.  None of the funds made available by this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33
U.S.C. 1344(f)(1)(A), (C)).

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

central utah project completion account

For carrying out activities authorized by the Central Utah
Project Completion Act, $15,000,000, to remain available
until expended, of which $898,000 shall be deposited into the
Utah Reclamation Mitigation and Conservation Account for use
by the Utah Reclamation Mitigation and Conservation
Commission:  Provided, That of the amount provided under this
heading, $1,398,675 shall be available until September 30,
2020, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior:  Provided
further, That for fiscal year 2019, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.

Bureau of Reclamation

The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:

water and related resources

(including transfers of funds)

For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $1,395,000,000, to remain available until
expended, of which $67,693,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$5,551,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund:  Provided, That such transfers may be increased or
decreased within the overall appropriation under this
heading:  Provided further, That within available funds,
$250,000 shall be for grants and financial assistance for
educational activities:  Provided further, That of the total
appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 6806 shall be
derived from that Fund or account:  Provided further, That
funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which the funds were
contributed:  Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums
appropriated under this heading:  Provided further, That of
the amounts provided herein, funds may be used for high-
priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided further, That of the funds made available under this
heading, $99,500,000 shall be for Additional Funding for
Ongoing Work: Rural Water, as designated in the report
accompanying this Act.
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