S.Amdt. 2480

SA 2480. Mr. LANKFORD (for Mr. Inhofe) submitted an amendment
intended to be proposed to amendment SA 2137 proposed by Mr. Schumer
(for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy,
Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and
Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-aid
highways, highway safety programs, and transit programs, and for other
purposes; which was ordered to lie on the table; as follows:

On page 94, line 12, insert ``, and including a project
authorized by Congress to be carried out by the Secretary of
the Army'' after ``corridor''.
On page 124, line 16, insert ``, and including a project
authorized by Congress to be carried out by the Secretary of
the Army'' after ``crossing''.
On page 126, line 21, insert ``, and including a project
authorized by Congress to be carried out by the Secretary of
the Army'' after ``crossing''.
On page 222, between lines 2 and 3, insert the following:

SEC. 11136. PAYMENTS ON FEDERAL-AID PROJECTS UNDERTAKEN BY A
FEDERAL AGENCY.

Section 132 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking the subsection designation and
heading and all that follows through ``In a case'' and
inserting the following:
``(a) Projects Undertaken by a Federal Agency.--
``(1) In general.--Except as provided in paragraph (2), in
a case''; and
(C) by adding at the end the following:
``(2) Certain projects undertaken by the secretary of the
army.--
``(A) In general.--Subject to subparagraphs (B) through
(D), in a case in which a proposed project described in
paragraph (10)

[[Page S5847]]

or (11) of section 149(b), clause (iii) or (iv) of section
167(h)(5)(B), or clause (vii) or (viii) of section
117(d)(1)(A) is to be undertaken by the Secretary of the Army
in accordance with an agreement between a State and the
Secretary of the Army, the State may--
``(i) direct the Secretary to transfer funds for the
Federal share of the project directly to the Secretary of the
Army; or
``(ii) make such deposit with, or payment to, the Secretary
of the Army as is required to meet the obligation of the
State under the agreement for the work undertaken or to be
undertaken by the Secretary of the Army for the non-Federal
share of the project.
``(B) Administration of funds.--Amounts transferred under
subparagraph (A)(i) or deposited or paid under subparagraph
(A)(ii)--
``(i) shall not be subject to the provisions of this title
(other than this section); and
``(ii) shall be administered by the Secretary of the Army
in accordance with the Water Resources Development Act of
1986 (33 U.S.C. 2201 et seq.).
``(C) Federal and non-federal share.--Notwithstanding
section 120, funds transferred under subparagraph (A)(i) or
deposited or paid under subparagraph (A)(ii) to the Secretary
of the Army may be accepted and expended by the Secretary of
the Army for the Federal and non-Federal share, respectively,
of a project described in subparagraph (A).
``(D) Supplement; not supplant.--Amounts transferred under
subparagraph (A) shall supplement, and not supplant, funds
otherwise made available to the Secretary of the Army.
``(E) Modernization activities.--Amounts that are
transferred under subparagraph (A)(i) or deposited or paid
under subparagraph (A)(ii) to the Secretary of the Army for a
project involving modernization activities under section 159
of the Water Resources Development Act of 2020 (Public Law
116-260) shall not be eligible for reimbursement by the
Secretary of the Army to the Secretary or to the State,
respectively, to the extent such amounts are obligated by the
Secretary of the Army for such project.''; and
(2) in subsection (b)--
(A) by striking ``described in subsection (a)'' and
inserting ``described in paragraph (1) or (2) of subsection
(a)''; and
(B) by striking ``under subsection (a)(2)'' and inserting
``under paragraph (1)(B) or (2)(A)(ii) of subsection (a)''.
______