The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S6202-S6211 on May 16, 2007.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 1136. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an amendment intended to be proposed by him to the bill H.R. 1495, 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 order4ed to lie on the table; as follows:
On page 200, line 22, insert ``, NEW MEXICO,'' after
``MISSOURI''.
On page 201, line 17, insert ``, New Mexico,'' after
``Missouri''.
On page 202, between lines 19 and 20, insert the following:
(6) Rio Grande Floodway, Albuquerque Unit, New Mexico.
On page 202, line 25, strike ``$50,000,000'' and insert
``$150,000,000''.
______
SA 1137. Mr. LEVIN submitted an amendment intended to be proposed to amendment SA 1097 proposed by Mr. Reid (for Mr. Levin (for himself and Mr. Reid)) to the bill H.R. 1495, 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:
On page 4 strike all from section 5 to the end and insert the following:
SEC. 5 REDUCTION OF FORCES
The Secretary of Defense shall commence the reduction of the number of United States Armed Forces in Iraq not later than October 1, 2007, with a goal of completing such reduction within 180 days. The goal of completing such reduction shall be accelerated if the President is unable to report that the Government of Iraq is making substantial progress towards meeting each of the benchmarks set forth in subsection (a) (1) of Section 4 by October 15, 2007.
(b) Notwithstanding any other provision of law, funds appropriated or otherwise made available in this or any other Act are available for obligation and expenditure to plan and execute a safe and orderly reduction of the Armed Forces in Iraq.
(c) The reduction of forces required by this section shall be implemented as part of a comprehensive diplomatic, political, and economic strategy that includes sustained engagement with Iraq's neighbors and the international community for the purpose of working collectively to bring stability to Iraq.
(d) After the conclusion of the reduction required by this section, the Secretary of Defense may not deploy or maintain members of the Armed Forces in Iraq for any purpose other than the following:
(1) Protecting American diplomatic facilities and American citizens, including members of the U.S. armed forces;
(2) Serving in roles consistent with customary diplomatic positions;
(3) Engaging in targeted actions against members of al-Qaeda and allied parties and other terrorist organizations with global reach; and
(4) Training and equipping members of the Iraqi Security Forces.
______
SA 1138. Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 2206, making emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, and for other purposes; which was ordered to lie on the table; as follows:
On page 91, strike lines 7 through 15 and insert the following:
Sec. 3301. The Secretary is authorized and directed to reimburse local governments for expenses the governments have incurred in storm-proofing pumping stations, constructing safe houses for operators, and other interim flood control measures in and around the New Orleans metropolitan area, on the condition that the Secretary determines those elements of work and related expenses to be integral to the overall plan to ensure operability of the stations during hurricanes, storms, and high water events and the flood control plan for the area.
______
SA 1139. Mr. WYDEN (for himself, Mr. Bingaman, Mr. Baucus, Mrs. Boxer, Mr. Tester, Mr. Smith, Ms. Cantwell, Mrs. Murray, Mr. Domenici, Mr. Craig, and Mr. Reid) submitted an amendment intended to be proposed by him to the bill H.R. 2206, making emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 2201 of division B and insert the following:
SEC. 2201. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION PROGRAM.
(a) Reauthorization of the Secure Rural Schools and Community Self-Determination Act of 2000.--The Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-393) is amended by striking sections 1 through 403 and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Secure Rural Schools and Community Self-Determination Act of 2000'.
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to stabilize and transition payments to counties to provide funding for schools and roads that supplements other available funds;
``(2) to make additional investments in, and create additional employment opportunities through, projects that--
``(A)(i) improve the maintenance of existing infrastructure;
``(ii) implement stewardship objectives that enhance forest ecosystems; and
``(iii) restore and improve land health and water quality;
``(B) enjoy broad-based support; and
``(C) have objectives that may include--
``(i) road, trail, and infrastructure maintenance or obliteration;
``(ii) soil productivity improvement;
``(iii) improvements in forest ecosystem health;
``(iv) watershed restoration and maintenance;
``(v) the restoration, maintenance, and improvement of wildlife and fish habitat;
``(vi) the control of noxious and exotic weeds; and
``(vii) the reestablishment of native species; and
``(3) to improve cooperative relationships among--
``(A) the people that use and care for Federal land; and
``(B) the agencies that manage the Federal land.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adjusted share.--The term `adjusted share' means the number equal to the quotient obtained by dividing--
``(A) the number equal to the quotient obtained by dividing--
``(i) the base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained under subparagraph (A) and paragraph (8)(A) for all eligible counties.
``(2) Base share.--The term `base share' means the number equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in paragraph (7)(A) in each eligible county; by
``(ii) the total number acres of Federal land in all eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 25-percent payments and safety net payments made to each eligible State for each eligible county during the eligibility period; by
``(ii) the amount equal to the sum of the amounts calculated under clause (i) and paragraph (9)(B)(i) for all eligible counties in all eligible States during the eligibility period.
``(3) County payment.--The term `county payment' means the payment for an eligible county calculated under section 101(b).
``(4) Eligible county.--The term `eligible county' means any county that--
``(A) contains Federal land (as defined in paragraph (7)); and
``(B) elects to receive a share of the State payment or the county payment under section 102(b).
``(5) Eligibility period.--The term `eligibility period' means fiscal year 1986 through fiscal year 1999.
``(6) Eligible state.--The term `eligible State' means a State or territory of the United States that received a 25-percent payment for 1 or more fiscal years of the eligibility period.
``(7) Federal land.--The term `Federal land' means--
``(A) land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012); and
``(B) such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and power-site land valuable for timber, that shall be managed, except as provided in the former section 3 of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest production.
``(8) 50-Percent adjusted share.--The term `50-percent adjusted share' means the number equal to the quotient obtained by dividing--
``(A) the number equal to the quotient obtained by dividing--
``(i) the 50-percent base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained under subparagraph (A) and paragraph (1)(A) for all eligible counties.
``(9) 50-Percent base share.--The term `50-percent base share' means the number equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in paragraph (7)(B) in each eligible county; by
``(ii) the total number acres of Federal land in all eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 50-percent payments made to each eligible county during the eligibility period; by
``(ii) the amount equal to the sum of the amounts calculated under clause (i) and paragraph (2)(B)(i) for all eligible counties in all eligible States during the eligibility period.
``(10) 50-percent payment.--The term `50-percent payment' means the payment that is the sum of the 50-percent share otherwise paid to a county pursuant to title II of the Act of August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), and the payment made to a county pursuant to the Act of May 24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et seq.).
``(11) Full funding amount.--The term `full funding amount' means--
``(A) $526,079,656 for fiscal year 2007;
``(B) $520,000,000 for fiscal year 2008; and
``(C) for fiscal year 2009 and each fiscal year thereafter, the amount that is equal to 90 percent of the full funding amount for the preceding fiscal year.
``(12) Income adjustment.--The term `income adjustment' means the square of the quotient obtained by dividing--
``(A) the per capita personal income for each eligible county; by
``(B) the median per capita personal income of all eligible counties.
``(13) Per capita personal income.--The term `per capita personal income' means the most recent per capita personal income data, as determined by the Bureau of Economic Analysis.
``(14) Safety net payments.--The term `safety net payments' means the special payment amounts paid to States and counties required by section 13982 or 13983 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500 note; 43 U.S.C. 1181f note).
``(15) Secretary concerned.--The term `Secretary concerned' means--
``(A) the Secretary of Agriculture or the designee of the Secretary of Agriculture with respect to the Federal land described in paragraph (7)(A); and
``(B) the Secretary of the Interior or the designee of the Secretary of the Interior with respect to the Federal land described in paragraph (7)(B).
``(16) State payment.--The term `State payment' means the payment for an eligible State calculated under section 101(a).
``(17) 25-Percent payment.--The term `25-percent payment' means the payment to States required by the sixth paragraph under the heading of `FOREST SERVICE' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL
LAND
``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL
LAND.
``(a) State Payment.--For each of fiscal years 2007 through 2011, the Secretary of Agriculture shall calculate for each eligible State an amount equal to the sum of the products obtained by multiplying--
``(1) the adjusted share for each eligible county within the eligible State; by
``(2) the full funding amount for the fiscal year.
``(b) County Payment.--For each of fiscal years 2007 through 2011, the Secretary of the Interior shall calculate for each eligible county that received a 50-percent payment during the eligibility period an amount equal to the product obtained by multiplying--
``(1) the 50-percent adjusted share for the eligible county; by
``(2) the full funding amount for the fiscal year.
``SEC. 102. PAYMENTS TO STATES AND COUNTIES.
``(a) Payment Amounts.--Except as provided in section 103, the Secretary of the Treasury shall pay to--
``(1) a State or territory of the United States an amount equal to the sum of the amounts elected under subsection (b) by each county within the State or territory for--
``(A) if the county is eligible for the 25-percent payment, the share of the 25-percent payment; or
``(B) the share of the State payment of the eligible county; and
``(2) a county an amount equal to the amount elected under subsection (b) by each county for--
``(A) if the county is eligible for the 50-percent payment, the 50-percent payment; or
``(B) the county payment for the eligible county.
``(b) Election to Receive Payment Amount.--
``(1) Election; submission of results.--
``(A) In general.--The election to receive a share of the State payment, the county payment, a share of the State payment and the county payment, a share of the 25-percent payment, the 50-percent payment, or a share of the 25-percent payment and the 50-percent payment, as applicable, shall be made at the discretion of each affected county by August 1, 2007, and August 1 of each second fiscal year thereafter, in accordance with paragraph (2), and transmitted to the Secretary concerned by the Governor of each eligible State.
``(B) Failure to transmit.--If an election for an affected county is not transmitted to the Secretary concerned by the date specified under subparagraph (A), the affected county shall be considered to have elected to receive a share of the State payment, the county payment, or a share of the State payment and the county payment, as applicable.
``(2) Duration of election.--
``(A) In general.--A county election to receive a share of the 25-percent payment or 50-percent payment, as applicable shall be effective for 2 fiscal years.
``(B) Full funding amount.--If a county elects to receive a share of the State payment or the county payment, the election shall be effective for all subsequent fiscal years through fiscal year 2011.
``(3) Source of payment amounts.--The payment to an eligible State or eligible county under this section for a fiscal year shall be derived from--
``(A) any revenues, fees, penalties, or miscellaneous receipts, exclusive of deposits to any relevant trust fund, special account, or permanent operating funds, received by the Federal Government from activities by the Bureau of Land Management or the Forest Service on the applicable Federal land;
``(B) for fiscal year 2007, any funds appropriated to carry out this Act; and
``(C) to the extent of any shortfall, out of any amounts in the Treasury of the United States not otherwise appropriated.
``(c) Distribution and Expenditure of Payments.--
``(1) Distribution method.--A State that receives a payment under subsection (a) for Federal land described in section 3(7)(A) shall distribute the appropriate payment amount among the appropriate counties in the State in accordance with--
``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
``(2) Expenditure purposes.--Subject to subsection (d), payments received by a State under subsection (a) and distributed to counties in accordance with paragraph (1) shall be expended as required by the laws referred to in paragraph (1).
``(d) Expenditure Rules for Eligible Counties.--
``(1) Allocations.--
``(A) Use of portion in same manner as 25-percent payment or 50-percent payment, as applicable.--Except as provided in paragraph (3)(B), if an eligible county elects to receive its share of the State payment or the county payment, not less than 80 percent, but not more than 85 percent, of the funds shall be expended in the same manner in which the 25-percent payments or 50-percent payment, as applicable, are required to be expended.
``(B) Election as to use of balance.--Except as provided in subparagraph (C), an eligible county shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to subparagraph (A):
``(i) Reserve any portion of the balance for projects in accordance with title II.
``(ii) Reserve not more than 7 percent of the total share for the eligible county of the State payment or the county payment for projects in accordance with title III.
``(iii) Return the portion of the balance not reserved under clauses (i) and (ii) to the Treasury of the United States.
``(C) Counties with modest distributions.--In the case of each eligible county to which more than $100,000, but less than $350,000, is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection
(a), the eligible county, with respect to the balance of any funds not expended pursuant to subparagraph (A) for that fiscal year, shall--
``(i) reserve any portion of the balance for--
``(I) carrying out projects under title II;
``(II) carrying out projects under title III; or
``(III) a combination of the purposes described in subclauses (I) and (II); or
``(ii) return the portion of the balance not reserved under clause (i) to the Treasury of the United States.
``(2) Distribution of funds.--
``(A) In general.--Funds reserved by an eligible county under subparagraph (B)(i) or (C)(i) of paragraph (1) for carrying out projects under title II shall be deposited in a special account in the Treasury of the United States.
``(B) Availability.--Amounts deposited under subparagraph
(A) shall--
``(i) be available for expenditure by the Secretary concerned, without further appropriation; and
``(ii) remain available until expended in accordance with title II.
``(3) Election.--
``(A) Notification.--
``(i) In general.--An eligible county shall notify the Secretary concerned of an election by the eligible county under this subsection not later than September 30 of each fiscal year.
``(ii) Failure to elect.--Except as provided in subparagraph (B), if the eligible county fails to make an election by the date specified in clause (i), the eligible county shall--
``(I) be considered to have elected to expend 85 percent of the funds in accordance with paragraph (1)(A); and
``(II) return the balance to the Treasury of the United States.
``(B) Counties with minor distributions.--In the case of each eligible county to which less than $100,000 is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county may elect to expend all the funds in the same manner in which the 25-percent payments or 50-percent payments, as applicable, are required to be expended.
``(e) Time for Payment.--The payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year.
``SEC. 103. TRANSITION PAYMENTS TO THE STATES OF CALIFORNIA,
OREGON, AND WASHINGTON.
``(a) Definitions.--In this section:
``(1) Adjusted amount.--The term `adjusted amount' means, with respect to a covered State--
``(A) for fiscal year 2007--
``(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2007; and
``(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 102(b) to receive the county payment for fiscal year 2007;
``(B) for fiscal year 2008, 90 percent of--
``(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2008; and
``(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 102(b) to receive the county payment for fiscal year 2008;
``(C) for fiscal year 2009, 81 percent of--
``(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2009; and
``(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 102(b) to receive the county payment for fiscal year 2009; and
``(D) for fiscal year 2010, 73 percent of--
``(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 102(b) to receive a share of the State payment for fiscal year 2010; and
``(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 102(b) to receive the county payment for fiscal year 2010.
``(2) Covered state.--The term `covered State' means each of the States of California, Oregon, and Washington.
``(b) Transition Payments.--For each of fiscal years 2007 through 2010, in lieu of the payment amounts that otherwise would have been made under paragraphs (1)(B) and (2)(B) of section 102(a), the Secretary of the Treasury shall pay the adjusted amount to each covered State and the eligible counties within the covered State, as applicable.
``(c) Distribution of Adjusted Amount in Oregon and Washington.--It is the intent of Congress that the method of distributing the payments under subsection (b) among the counties in the States of Oregon and Washington for each of fiscal years 2007 through 2010 be in the same proportion that the payments were distributed to the eligible counties in fiscal year 2006.
``(d) Distribution of Payments in California.--The following payments shall be distributed among the eligible counties in the State of California in the same proportion that payments under section 102(a)(2) (as in effect on September 29, 2006) were distributed to the eligible counties for fiscal year 2006:
``(1) Payments to the State of California under subsection
(b).
``(2) The shares of the eligible counties of the State payment for California under section 102 for fiscal year 2011.
``(e) Treatment of Payments.--For purposes of this Act, any payment made under subsection (b) shall be considered to be a payment made under section 102(a).
``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND
``SEC. 201. DEFINITIONS.
``In this title:
``(1) Participating county.--The term `participating county' means an eligible county that elects under section 102(d) to expend a portion of the Federal funds received under section 102 in accordance with this title.
``(2) Project funds.--The term `project funds' means all funds an eligible county elects under section 102(d) to reserve for expenditure in accordance with this title.
``(3) Resource advisory committee.--The term `resource advisory committee' means--
``(A) an advisory committee established by the Secretary concerned under section 205; or
``(B) an advisory committee determined by the Secretary concerned to meet the requirements of section 205.
``(4) Resource management plan.--The term `resource management plan' means--
``(A) a land use plan prepared by the Bureau of Land Management for units of the Federal land described in section 3(7)(B) pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or
``(B) a land and resource management plan prepared by the Forest Service for units of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974l (16 U.S.C. 1604).
``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.
``(a) Limitation.--Project funds shall be expended solely on projects that meet the requirements of this title.
``(b) Authorized Uses.--Project funds may be used by the Secretary concerned for the purpose of entering into and implementing cooperative agreements with willing Federal agencies, State and local governments, private and nonprofit entities, and landowners for protection, restoration, and enhancement of fish and wildlife habitat, and other resource objectives consistent with the purposes of this Act on Federal land and on non-Federal land where projects would benefit the resources on Federal land.
``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.
``(a) Submission of Project Proposals to Secretary Concerned.--
``(1) Projects funded using project funds.--Not later than September 30 for fiscal year 2007, and each September 30 thereafter for each succeeding fiscal year through fiscal year 2011, each resource advisory committee shall submit to the Secretary concerned a description of any projects that the resource advisory committee proposes the Secretary undertake using any project funds reserved by eligible counties in the area in which the resource advisory committee has geographic jurisdiction.
``(2) Projects funded using other funds.--A resource advisory committee may submit to the Secretary concerned a description of any projects that the committee proposes the Secretary undertake using funds from State or local governments, or from the private sector, other than project funds and funds appropriated and otherwise available to do similar work.
``(3) Joint projects.--Participating counties or other persons may propose to pool project funds or other funds, described in paragraph (2), and jointly propose a project or group of projects to a resource advisory committee established under section 205.
``(b) Required Description of Projects.--In submitting proposed projects to the Secretary concerned under subsection
(a), a resource advisory committee shall include in the description of each proposed project the following information:
``(1) The purpose of the project and a description of how the project will meet the purposes of this title.
``(2) The anticipated duration of the project.
``(3) The anticipated cost of the project.
``(4) The proposed source of funding for the project, whether project funds or other funds.
``(5)(A) Expected outcomes, including how the project will meet or exceed desired ecological conditions, maintenance objectives, or stewardship objectives.
``(B) An estimate of the amount of any timber, forage, and other commodities and other economic activity, including jobs generated, if any, anticipated as part of the project.
``(6) A detailed monitoring plan, including funding needs and sources, that--
``(A) tracks and identifies the positive or negative impacts of the project, implementation, and provides for validation monitoring; and
``(B) includes an assessment of the following:
``(i) Whether or not the project met or exceeded desired ecological conditions; created local employment or training opportunities, including summer youth jobs programs such as the Youth Conservation Corps where appropriate.
``(ii) Whether the project improved the use of, or added value to, any products removed from land consistent with the purposes of this title.
``(7) An assessment that the project is to be in the public interest.
``(c) Authorized Projects.--Projects proposed under subsection (a) shall be consistent with section 2.
``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY
CONCERNED.
``(a) Conditions for Approval of Proposed Project.--The Secretary concerned may make a decision to approve a project submitted by a resource advisory committee under section 203 only if the proposed project satisfies each of the following conditions:
``(1) The project complies with all applicable Federal laws
(including regulations).
``(2) The project is consistent with the applicable resource management plan and with any watershed or subsequent plan developed pursuant to the resource management plan and approved by the Secretary concerned.
``(3) The project has been approved by the resource advisory committee in accordance with section 205, including the procedures issued under subsection (e) of that section.
``(4) A project description has been submitted by the resource advisory committee to the Secretary concerned in accordance with section 203.
``(5) The project will improve the maintenance of existing infrastructure, implement stewardship objectives that enhance forest ecosystems, and restore and improve land health and water quality.
``(b) Environmental Reviews.--
``(1) Request for payment by county.--The Secretary concerned may request the resource advisory committee submitting a proposed project to agree to the use of project funds to pay for any environmental review, consultation, or compliance with applicable environmental laws required in connection with the project.
``(2) Conduct of environmental review.--If a payment is requested under paragraph (1) and the resource advisory committee agrees to the expenditure of funds for this purpose, the Secretary concerned shall conduct environmental review, consultation, or other compliance responsibilities in accordance with Federal laws (including regulations).
``(3) Effect of refusal to pay.--
``(A) In general.--If a resource advisory committee does not agree to the expenditure of funds under paragraph (1), the project shall be deemed withdrawn from further consideration by the Secretary concerned pursuant to this title.
``(B) Effect of withdrawal.--A withdrawal under subparagraph (A) shall be deemed to be a rejection of the project for purposes of section 207(c).
``(c) Decisions of Secretary Concerned.--
``(1) Rejection of projects.--
``(A) In general.--A decision by the Secretary concerned to reject a proposed project shall be at the sole discretion of the Secretary concerned.
``(B) No administrative appeal or judicial review.--Notwithstanding any other provision of law, a decision by the Secretary concerned to reject a proposed project shall not be subject to administrative appeal or judicial review.
``(C) Notice of rejection.--Not later than 30 days after the date on which the Secretary concerned makes the rejection decision, the Secretary concerned shall notify in writing the resource advisory committee that submitted the proposed project of the rejection and the reasons for rejection.
``(2) Notice of project approval.--The Secretary concerned shall publish in the Federal Register notice of each project approved under subsection (a) if the notice would be required had the project originated with the Secretary.
``(d) Source and Conduct of Project.--Once the Secretary concerned accepts a project for review under section 203, the acceptance shall be deemed a Federal action for all purposes.
``(e) Implementation of Approved Projects.--
``(1) Cooperation.--Notwithstanding chapter 63 of title 31, United States Code, using project funds the Secretary concerned may enter into contracts, grants, and cooperative agreements with States and local governments, private and nonprofit entities, and landowners and other persons to assist the Secretary in carrying out an approved project.
``(2) Best value contracting.--
``(A) In general.--For any project involving a contract authorized by paragraph (1) the Secretary concerned may elect a source for performance of the contract on a best value basis.
``(B) Factors.--The Secretary concerned shall determine best value based on such factors as--
``(i) the technical demands and complexity of the work to be done;
``(ii)(I) the ecological objectives of the project; and
``(II) the sensitivity of the resources being treated;
``(iii) the past experience by the contractor with the type of work being done, using the type of equipment proposed for the project, and meeting or exceeding desired ecological conditions; and
``(iv) the commitment of the contractor to hiring highly qualified workers and local residents.
``(3) Merchantable timber contracting pilot program.--
``(A) Establishment.--The Secretary concerned shall establish a pilot program to implement a certain percentage of approved projects involving the sale of merchantable timber using separate contracts for--
``(i) the harvesting or collection of merchantable timber; and
``(ii) the sale of the timber.
``(B) Annual percentages.--Under the pilot program, the Secretary concerned shall ensure that, on a nationwide basis, not less than the following percentage of all approved projects involving the sale of merchantable timber are implemented using separate contracts:
``(i) For fiscal year 2007, 25 percent.
``(ii) For fiscal year 2008, 35 percent.
``(iii) For fiscal year 2009, 45 percent.
``(iv) For each of fiscal years 2010 and 2011, 50 percent.
``(C) Inclusion in pilot program.--The decision whether to use separate contracts to implement a project involving the sale of merchantable timber shall be made by the Secretary concerned after the approval of the project under this title.
``(D) Assistance.--
``(i) In general.--The Secretary concerned may use funds from any appropriated account available to the Secretary for the Federal land to assist in the administration of projects conducted under the pilot program.
``(ii) Maximum amount of assistance.--The total amount obligated under this subparagraph may not exceed $1,000,000 for any fiscal year during which the pilot program is in effect.
``(E) Review and report.--
``(i) Initial report.--Not later than September 30, 2009, the Comptroller General shall submit to the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate and the Committees on Agriculture and Natural Resources of the House of Representatives a report assessing the pilot program.
``(ii) Annual report.--The Secretary concerned shall submit to the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate and the Committees on Agriculture and Natural Resources of the House of Representatives an annual report describing the results of the pilot program.
``(f) Requirements for Project Funds.--The Secretary shall ensure that at least 50 percent of all project funds be used for projects that are primarily dedicated--
``(1) to road maintenance, decommissioning, or obliteration; or
``(2) to restoration of streams and watersheds.
``SEC. 205. RESOURCE ADVISORY COMMITTEES.
``(a) Establishment and Purpose of Resource Advisory Committees.--
``(1) Establishment.--The Secretary concerned shall establish and maintain resource advisory committees to perform the duties in subsection (b), except as provided in paragraph (4).
``(2) Purpose.--The purpose of a resource advisory committee shall be--
``(A) to improve collaborative relationships; and
``(B) to provide advice and recommendations to the land management agencies consistent with the purposes of this title.
``(3) Access to resource advisory committees.--To ensure that each unit of Federal land has access to a resource advisory committee, and that there is sufficient interest in participation on a committee to ensure that membership can be balanced in terms of the points of view represented and the functions to be performed, the Secretary concerned may, establish resource advisory committees for part of, or 1 or more, units of Federal land.
``(4) Existing advisory committees.--
``(A) In general.--An advisory committee that meets the requirements of this section, a resource advisory committee established before September 29, 2006, or an advisory committee determined by the Secretary concerned before September 29, 2006, to meet the requirements of this section may be deemed by the Secretary concerned to be a resource advisory committee for the purposes of this title.
``(B) Charter.--A charter for a committee described in subparagraph (A) that was filed on or before September 29, 2006, shall be considered to be filed for purposes of this Act.
``(C) Bureau of land management advisory committees.--The Secretary of the Interior may deem a resource advisory committee meeting the requirements of subpart 1784 of part 1780 of title 43, Code of Federal Regulations, as a resource advisory committee for the purposes of this title.
``(b) Duties.--A resource advisory committee shall--
``(1) review projects proposed under this title by participating counties and other persons;
``(2) propose projects and funding to the Secretary concerned under section 203;
``(3) provide early and continuous coordination with appropriate land management agency officials in recommending projects consistent with purposes of this Act under this title;
``(4) provide frequent opportunities for citizens, organizations, tribes, land management agencies, and other interested parties to participate openly and meaningfully, beginning at the early stages of the project development process under this title;
``(5)(A) monitor projects that have been approved under section 204; and
``(B) advise the designated Federal official on the progress of the monitoring efforts under subparagraph (A); and
``(6) make recommendations to the Secretary concerned for any appropriate changes or adjustments to the projects being monitored by the resource advisory committee.
``(c) Appointment by the Secretary.--
``(1) Appointment and term.--
``(A) In general.--The Secretary concerned, shall appoint the members of resource advisory committees for a term of 4 years beginning on the date of appointment.
``(B) Reappointment.--The Secretary concerned may reappoint members to subsequent 4-year terms.
``(2) Basic requirements.--The Secretary concerned shall ensure that each resource advisory committee established meets the requirements of subsection (d).
``(3) Initial appointment.--Not later than 180 days after the date of the enactment of this Act, the Secretary concerned shall make initial appointments to the resource advisory committees.
``(4) Vacancies.--The Secretary concerned shall make appointments to fill vacancies on any resource advisory committee as soon as practicable after the vacancy has occurred.
``(5) Compensation.--Members of the resource advisory committees shall not receive any compensation.
``(d) Composition of Advisory Committee.--
``(1) Number.--Each resource advisory committee shall be comprised of 15 members.
``(2) Community interests represented.--Committee members shall be representative of the interests of the following 3 categories:
``(A) 5 persons that--
``(i) represent organized labor or non-timber forest product harvester groups;
``(ii) represent developed outdoor recreation, off highway vehicle users, or commercial recreation activities;
``(iii) represent--
``(I) energy and mineral development interests; or
``(II) commercial or recreational fishing interests;
``(iv) represent the commercial timber industry; or
``(v) hold Federal grazing or other land use permits, or represent nonindustrial private forest land owners, within the area for which the committee is organized.
``(B) 5 persons that represent--
``(i) nationally recognized environmental organizations;
``(ii) regionally or locally recognized environmental organizations;
``(iii) dispersed recreational activities;
``(iv) archaeological and historical interests; or
``(v) nationally or regionally recognized wild horse and burro interest groups, wildlife or hunting organizations, or watershed associations.
``(C) 5 persons that--
``(i) hold State elected office (or a designee);
``(ii) hold county or local elected office;
``(iii) represent American Indian tribes within or adjacent to the area for which the committee is organized;
``(iv) are school officials or teachers; or
``(v) represent the affected public at large.
``(3) Balanced representation.--In appointing committee members from the 3 categories in paragraph (2), the Secretary concerned shall provide for balanced and broad representation from within each category.
``(4) Geographic distribution.--The members of a resource advisory committee shall reside within the State in which the committee has jurisdiction and, to extent practicable, the Secretary concerned shall ensure local representation in each category in paragraph (2).
``(5) Chairperson.--A majority on each resource advisory committee shall select the chairperson of the committee.
``(e) Approval Procedures.--
``(1) In general.--Subject to paragraph (3), each resource advisory committee shall establish procedures for proposing projects to the Secretary concerned under this title.
``(2) Quorum.--A quorum must be present to constitute an official meeting of the committee.
``(3) Approval by majority of members.--A project may be proposed by a resource advisory committee to the Secretary concerned under section 203(a), if the project has been approved by a majority of members of the committee from each of the 3 categories in subsection (d)(2).
``(f) Other Committee Authorities and Requirements.--
``(1) Staff assistance.--A resource advisory committee may submit to the Secretary concerned a request for periodic staff assistance from Federal employees under the jurisdiction of the Secretary.
``(2) Meetings.--All meetings of a resource advisory committee shall be announced at least 1 week in advance in a local newspaper of record and shall be open to the public.
``(3) Records.--A resource advisory committee shall maintain records of the meetings of the committee and make the records available for public inspection.
``SEC. 206. USE OF PROJECT FUNDS.
``(a) Agreement Regarding Schedule and Cost of Project.--
``(1) Agreement between parties.--The Secretary concerned may carry out a project submitted by a resource advisory committee under section 203(a) using project funds or other funds described in section 203(a)(2), if, as soon as practicable after the issuance of a decision document for the project and the exhaustion of all administrative appeals and judicial review of the project decision, the Secretary concerned and the resource advisory committee enter into an agreement addressing, at a minimum, the following:
``(A) The schedule for completing the project.
``(B) The total cost of the project, including the level of agency overhead to be assessed against the project.
``(C) For a multiyear project, the estimated cost of the project for each of the fiscal years in which it will be carried out.
``(D) The remedies for failure of the Secretary concerned to comply with the terms of the agreement consistent with current Federal law.
``(2) Limited use of federal funds.--The Secretary concerned may decide, at the sole discretion of the Secretary concerned, to cover the costs of a portion of an approved project using Federal funds appropriated or otherwise available to the Secretary for the same purposes as the project.
``(b) Transfer of Project Funds.--
``(1) Initial transfer required.--As soon as practicable after the agreement is reached under subsection (a) with regard to a project to be funded in whole or in part using project funds, or other funds described in section 203(a)(2), the Secretary concerned shall transfer to the applicable unit of National Forest System land or Bureau of Land Management District an amount of project funds equal to--
``(A) in the case of a project to be completed in a single fiscal year, the total amount specified in the agreement to be paid using project funds, or other funds described in section 203(a)(2); or
``(B) in the case of a multiyear project, the amount specified in the agreement to be paid using project funds, or other funds described in section 203(a)(2) for the first fiscal year.
``(2) Condition on project commencement.--The unit of National Forest System land or Bureau of Land Management District concerned, shall not commence a project until the project funds, or other funds described in section 203(a)(2) required to be transferred under paragraph (1) for the project, have been made available by the Secretary concerned.
``(3) Subsequent transfers for multiyear projects.--
``(A) In general.--For the second and subsequent fiscal years of a multiyear project to be funded in whole or in part using project funds, the unit of National Forest System land or Bureau of Land Management District concerned shall use the amount of project funds required to continue the project in that fiscal year according to the agreement entered into under subsection (a).
``(B) Suspension of work.--The Secretary concerned shall suspend work on the project if the project funds required by the agreement in the second and subsequent fiscal years are not available.
``SEC. 207. AVAILABILITY OF PROJECT FUNDS.
``(a) Submission of Proposed Projects to Obligate Funds.--By September 30 of each fiscal year through fiscal year 2011, a resource advisory committee shall submit to the Secretary concerned pursuant to section 203(a)(1) a sufficient number of project proposals that, if approved, would result in the obligation of at least the full amount of the project funds reserved by the participating county in the preceding fiscal year.
``(b) Use or Transfer of Unobligated Funds.--Subject to section 208, if a resource advisory committee fails to comply with subsection (a) for a fiscal year, any project funds reserved by the participating county in the preceding fiscal year and remaining unobligated shall be available for use as part of the project submissions in the next fiscal year.
``(c) Effect of Rejection of Projects.--Subject to section 208, any project funds reserved by a participating county in the preceding fiscal year that are unobligated at the end of a fiscal year because the Secretary concerned has rejected one or more proposed projects shall be available for use as part of the project submissions in the next fiscal year.
``(d) Effect of Court Orders.--
``(1) In general.--If an approved project under this Act is enjoined or prohibited by a Federal court, the Secretary concerned shall return the unobligated project funds related to the project to the participating county or counties that reserved the funds.
``(2) Expenditure of funds.--The returned funds shall be available for the county to expend in the same manner as the funds reserved by the county under subparagraph (B) or (C)(i) of section 102(d)(1).
``SEC. 208. TERMINATION OF AUTHORITY.
``(a) In General.--The authority to initiate projects under this title shall terminate on September 30, 2011.
``(b) Deposits in Treasury.--Any project funds not obligated by September 30, 2012, shall be deposited in the Treasury of the United States.
``TITLE III--COUNTY FUNDS
``SEC. 301. DEFINITIONS.
``In this title:
``(1) County funds.--The term `county funds' means all funds an eligible county elects under section 102(d) to reserve for expenditure in accordance with this title.
``(2) Participating county.--The term `participating county' means an eligible county that elects under section 102(d) to expend a portion of the Federal funds received under section 102 in accordance with this title.
``SEC. 302. USE.
``(a) Authorized Uses.--A participating county, including any applicable agencies of the participating county, shall use county funds, in accordance with this title, only--
``(1) to carry out activities under the Firewise Communities program to provide to homeowners in fire-sensitive ecosystems education on, and assistance with implementing, techniques in home siting, home construction, and home landscaping that can increase the protection of people and property from wildfires;
``(2) to reimburse the participating county for search and rescue and other emergency services, including firefighting, that are--
``(A) performed on Federal land after the date on which the use was approved under subsection (b);
``(B) paid for by the participating county; and
``(3) to develop community wildfire protection plans in coordination with the appropriate Secretary concerned.
``(b) Proposals.--A participating county shall use county funds for a use described in subsection (a) only after a 45-day public comment period, at the beginning of which the participating county shall--
``(1) publish in any publications of local record a proposal that describes the proposed use of the county funds; and
``(2) submit the proposal to any resource advisory committee established under section 205 for the participating county.
``SEC. 303. CERTIFICATION.
``(a) In General.--Not later than February 1 of the year after the year in which any county funds were expended by a participating county, the appropriate official of the participating county shall submit to the Secretary concerned a certification that the county funds expended in the applicable year have been used for the uses authorized under section 302(a), including a description of the amounts expended and the uses for which the amounts were expended.
``(b) Review.--The Secretary concerned shall review the certifications submitted under subsection (a) as the Secretary concerned determines to be appropriate.
``SEC. 304. TERMINATION OF AUTHORITY.
``(a) In General.--The authority to initiate projects under this title terminates on September 30, 2011.
``(b) Availability.--Any county funds not obligated by September 30, 2012, shall be returned to the Treasury of the United States.
``TITLE IV--MISCELLANEOUS PROVISIONS
``SEC. 401. REGULATIONS.
``The Secretary of Agriculture and the Secretary of the Interior shall issue regulations to carry out the purposes of this Act.
``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2007 through 2011.
``(b) Emergency Designation.--Of the amounts authorized to be appropriated under subsection (a) for fiscal year 2007,
$425,000,000 is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress).
``SEC. 403. TREATMENT OF FUNDS AND REVENUES.
``(a) Relation to Other Appropriations.--Funds made available under section 402 and funds made available to a Secretary concerned under section 206 shall be in addition to any other annual appropriations for the Forest Service and the Bureau of Land Management.
``(b) Deposit of Revenues and Other Funds.--All revenues generated from projects pursuant to title II, including any interest accrued from the revenues, shall be deposited in the Treasury of the United States.''.
(b) Forest Receipt Payments to Eligible States and Counties.--
(1) Act of may 23, 1908.--The sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500) is amended in the first sentence by striking
``twenty-five percentum'' and all that follows through
``shall be paid'' and inserting the following: ``an amount equal to the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years from each national forest shall be paid''.
(2) Weeks law.--Section 13 of the Act of March 1, 1911
(commonly known as the ``Weeks Law'') (16 U.S.C. 500) is amended in the first sentence by striking ``twenty-five percentum'' and all that follows through ``shall be paid'' and inserting the following: ``an amount equal to the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years from each national forest shall be paid''.
(c) Payments in Lieu of Taxes.--
(1) In general.--Section 6906 of title 31, United States Code, is amended to read as follows:
``Sec. 6906. Funding
``For each of fiscal years 2008 through 2012--
``(1) each county or other eligible unit of local government shall be entitled to payment under this chapter; and
``(2) sums shall be made available to the Secretary of the Interior for obligation or expenditure in accordance with this chapter.''.
(2) Conforming amendment.--The table of sections for chapter 69 of title 31, United States Code, is amended by striking the item relating to section 6906 and inserting the following:
``6906. Funding.''.
(3) Budget scorekeeping.--
(A) In general.--Notwithstanding the Budget Scorekeeping Guidelines and the accompanying list of programs and accounts set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217, the amendment made by paragraph (1)--
(i) shall be treated under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (as in effect before September 30, 2002), by the Chairpersons of the Committee on the Budget of the House of Representatives and the Committee on the Budget of the Senate, as appropriate, for purposes of budget enforcement in the House of Representatives and the Senate, and under the Congressional Budget Act of 1974 (2 U.S.C. 601 et seq.) as changing direct spending or receipts, as appropriate (as if such language were included in an Act other than an appropriations Act); and
(ii) shall be treated in the baseline after fiscal year 2008 for purposes of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907) (as in effect before September 30, 2002), by the Chairpersons of the Committee on the Budget of the House of Representatives and the Committee on the Budget of the Senate, as appropriate, for purposes of budget enforcement in the House of Representatives and the Senate, and under the Congressional Budget Act of 1974 (2 U.S.C. 601 et seq.) as if Payment in Lieu of Taxes (14-1114-0-1-806) were an account designated as Appropriated Entitlements and Mandatories for Fiscal Year 1997 in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217.
(B) Effective date.--This paragraph shall--
(i) be effective beginning on the date of enactment of this Act; and
(ii) remain in effect for any fiscal year for which the entitlement in section 6906 of title 31, United States Code
(as amended by paragraph (1)), applies.
(d) Modification of Effective Date of Leasing Provisions of the American Jobs Creation Act of 2004.--
(1) Leases to foreign entities.--Section 849(b) of the American Jobs Creation Act of 2004 is amended by adding at the end the following new paragraph:
``(5) Leases to foreign entities.--In the case of tax-exempt use property leased to a tax-exempt entity which is a foreign person or entity, the amendments made by this part shall apply to taxable years beginning after December 31, 2006, with respect to leases entered into on or before March 12, 2004.''.
(2) Effective date.--The amendment made by this subsection shall take effect as if included in the enactment of the American Jobs Creation Act of 2004.
(e) Application of Rules Treating Inverted Corporations as Domestic Corporations to Certain Transactions Occurring After March 20, 2002.--
(1) In general.--Section 7874(b) (relating to inverted corporations treated as domestic corporations) is amended to read as follows:
``(b) Inverted Corporations Treated as Domestic Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent'.
``(2) Special rule for certain transactions occurring after march 20, 2002.--
``(A) In general.--If--
``(i) paragraph (1) does not apply to a foreign corporation, but
``(ii) paragraph (1) would apply to such corporation if, in addition to the substitution under paragraph (1), subsection
(a)(2) were applied by substituting `March 20, 2002' for
`March 4, 2003' each place it appears,then paragraph (1) shall apply to such corporation but only with respect to taxable years of such corporation beginning after December 31, 2006.
``(B) Special rules.--Subject to such rules as the Secretary may prescribe, in the case of a corporation to which paragraph (1) applies by reason of this paragraph--
``(i) the corporation shall be treated, as of the close of its last taxable year beginning before January 1, 2007, as having transferred all of its assets, liabilities, and earnings and profits to a domestic corporation in a transaction with respect to which no tax is imposed under this title,
``(ii) the bases of the assets transferred in the transaction to the domestic corporation shall be the same as the bases of the assets in the hands of the foreign corporation, subject to any adjustments under this title for built-in losses,
``(iii) the basis of the stock of any shareholder in the domestic corporation shall be the same as the basis of the stock of the shareholder in the foreign corporation for which it is treated as exchanged, and
``(iv) the transfer of any earnings and profits by reason of clause (i) shall be disregarded in determining any deemed dividend or foreign tax creditable to the domestic corporation with respect to such transfer.
``(C) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this paragraph, including regulations to prevent the avoidance of the purposes of this paragraph.''.
(2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2006.
______
SA 1140. Mr. HARKIN submitted an amendment intended to be proposed by him to the bill H.R. 1495, 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 appropriate place in title III, insert the following:
SEC. 3___. RATHBUN LAKE, IOWA.
(a) Right of First Refusal.--The Secretary shall provide, in accordance with the recommendations in the Rathbun Lake Reallocation Report approved by the Chief of Engineers on July 22, 1985, the Rathbun Regional Water Association with the right of first refusal to contract for or purchase any increment of the remaining allocation (8,320 acre-feet) of water supply storage in Rathbun Lake, Iowa.
(b) Payment of Cost.--The Rathbun Regional Water Association shall pay the cost of any water supply storage allocation provided under subsection (a).
______
SA 1141. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill H.R. 2206, making emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. IRAQ.
(a) United States Strategy in Iraq.--The United States strategy in Iraq, hereafter, shall be conditioned on the Government of Iraq meeting benchmarks including the following:
(1) Whether the Government of Iraq has given United States Armed Forces and Iraqi Security Forces the authority to pursue all extremists, including Sunni insurgents and Shiite militias, and is making substantial progress in delivering necessary Iraqi Security Forces for Baghdad and protecting such Forces from political interference; intensifying efforts to build balanced security forces throughout Iraq that provide even-handed security for all Iraqis; ensuring that Iraq's political authorities are not undermining or making false accusations against members of the Iraqi Security Forces; eliminating militia control of local security; establishing a strong militia disarmament program; ensuring fair and just enforcement of laws; establishing political, media, economic, and service committees in support of the Baghdad Security Plan; and eradicating safe havens.
(2) Whether the Government of Iraq is making substantial progress in meeting its commitment to pursue reconciliation initiatives, including enactment of a hydro-carbon law; adoption of legislation necessary for the conduct of provincial and local elections; reform of current laws governing the de-Baathification process; amendment of the Constitution of Iraq; and allocation of Iraqi revenues for reconstruction projects.
(3) Whether the Government of Iraq and United States Armed Forces are making substantial progress in reducing the level of sectarian violence in Iraq.
(4) Whether the Government of Iraq is ensuring the rights of minority political parties in the Iraqi Parliament are protected.
(b) Reports on Progress in Iraq.--On July 15, 2007, the Commander, Multi-National Forces-Iraq and the United States Ambassador to Iraq shall jointly submit to Congress a report describing and assessing in detail the current progress being made by the Government of Iraq on the matters set forth in subsection (a). The Commander, Multi-National Forces-Iraq and the United States Ambassador to Iraq shall submit a subsequent joint report to Congress on such matters on September 15, 2007.
(c) Requests for Funds for Fiscal Years After Fiscal Year 2008.--(1) Any request for funds for a fiscal year after fiscal year 2008 for ongoing military operations in Afghanistan and Iraq should be included in the annual budget of the President for such fiscal year as submitted to Congress under section 1105(a) of title 31, United States Code.
(2) Any request for funds for a fiscal year after fiscal year 2008 for ongoing military operations in Iraq and Afghanistan should provide an estimate of all funds required in that fiscal year for such operations.
(3) Any funds provided for ongoing military operations in Iraq and Afghanistan should be provided in appropriations Acts for such fiscal year through appropriations to specific accounts set forth in such appropriations Acts.
(d) Limitation on Availability of Certain Funds.--(1) Notwithstanding any other provision of law and except as provided in paragraph (2), of the amounts appropriated or otherwise made available by this Act, or by any other Act that remain available for obligation as of the date of the enactment of this Act, for assistance for Iraq under the headings ``Economic Support Fund'' and ``International Narcotics and Law Enforcement'', an amount equal to 75 percent of such amounts may not be obligated until the President certifies to the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate and the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives that the Government of Iraq is making substantial progress towards meeting each of the benchmarks set forth in subsection (a).
(2) The requirement to withhold funds from obligation pursuant to paragraph (1) shall not apply with respect to funds appropriated or otherwise made available under the heading ``Economic Support Fund'' for continued support for--
(A) the Community Action Program and the Community Stabilization Program in Iraq administered by the United States Agency for International Development; or
(B) programs and activities to promote democracy and human rights in Iraq.
______
SA 1142. Mr. BOND (for himself and Mrs. McCaskill) submitted an amendment intended to be proposed by him to the bill H.R. 2206, making emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, and for other purposes; which was ordered to lie on the table; as follows:
On page 110, line 14, strike ``$153,300,000'' and insert
``$173,300,000''.
On page 110, line 20, insert after ``division'' the following: ``: Provided further, That not less than
$20,000,000 of the amount made available under this heading shall be used for Corps of Engineers projects to support emergency operations, repairs, and other activities in the Midwest in response to storm damage in that region that occurred during May 2007''.
______
SA 1143. Mr. STEVENS submitted an amendment intended to be proposed by him to the bill H.R. 2206, making emergency supplemental appropriations and additional supplemental appropriations for agricultural and other emergency assistance for the fiscal year ending September 30, 2007, and for other purposes; which was ordered to lie on the table; as follows:
At the end of chapter 6 of title V of division A, insert the following:
SEC. 5613. TREATMENT OF LIABILITY FOR CERTAIN MULTIPLE
EMPLOYER PLANS.
(a) In General.--In the case of an applicable pension plan--
(1) if an eligible employer elects the application of subsection (b), any liability of the employer with respect to the applicable pension plan shall be determined under subsection (b), and
(2) if an eligible employer does not make such election, any liability of the employer with respect to the applicable pension plan shall be determined under subsection (c).
(b) Election to Spin Off Liability.--
(1) In general.--If an eligible employer elects, within 180 days after the date of the enactment of this Act, to have this subsection apply, the applicable pension plan shall be treated as having, effective January 1, 2006, spun off such employer's allocable portion of the plan's assets and liabilities to an eligible spunoff plan and the employer's liability with respect to the applicable pension plan shall be determined by reference to the eligible spunoff plan in the manner provided under paragraph (2). The employer's liability, as so determined, shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan.
(2) Liability of employers electing spinoff.--
(A) Ongoing funding liability.--
(i) In general.--In the case of an eligible spunoff plan, the amendments made by section 401, and subtitles A and B of title I, of the Pension Protection Act of 2006 shall not apply to plan years beginning before the first plan year for which the plan ceases to be an eligible spunoff plan (or, if earlier, January 1, 2017), and except as provided in clause
(ii), the employer maintaining such plan shall be liable for ongoing contributions to the eligible spunoff plan on the same terms and subject to the same conditions as under the provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 as in effect before such amendments. Such liability shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan.
(ii) Interest rate.--In applying section 302(b)(5)(B) of the Employee Retirement Income Security Act of 1974 and section 412(b)(5)(B) of the Internal Revenue Code of 1986 (as in effect before the amendments made by subtitles A and B of title I of the Pension Protection Act of 2006) and in applying section 4006(a)(3)(E)(iii) of such Act (as in effect before the amendments made by section 401 of such Act) to an eligible spunoff plan for plan years beginning after December 31, 2007, and before the first plan year to which such amendments apply, the third segment rate determined under section 303(h)(2)(C)(iii) of such Act and section 430(h)(2)(C)(iii) of such Code (as added by such amendments) shall be used in lieu of the interest rate otherwise used.
(B) Termination liability.--If an eligible spunoff plan terminates under title IV of the Employee Retirement Income Security Act of 1974 on or before December 31, 2010, the liability of the employer maintaining such plan resulting from such termination under section 4062 of the Employee Retirement Income Security Act of 1974 shall be determined in accordance with the assumptions and methods described in subsection (c)(2)(A). The employer's liability, as so determined, shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan.
(c) Liability of Employers Not Electing Spinoff.--
(1) In general.--If an applicable pension plan is terminated under the Employee Retirement Income Security Act of 1974, an eligible employer which does not make the election described in subsection (b) shall be liable to the corporation with respect to the applicable pension plan (in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan ) in an amount equal to the fractional portion of the adjusted unfunded benefit liabilities of such plan as of December 31, 2005, determined without regard to any adjusted unfunded benefit liabilities to be transferred to an eligible spunoff plan pursuant to subsection (b).
(2) Definitions.--For purposes of this subsection--
(A) Adjusted unfunded benefit liabilities.--The term
``adjusted unfunded benefit liabilities'' means the amount of unfunded benefit liabilities (as defined in section 4001(a)(18) of the Employee Retirement Income Security Act of 1974), except that the interest assumption shall be the rate of interest under section 302(b) of the Employee Retirement Income Security Act of 1974 and section 412(b) of the Internal Revenue Code of 1986, as in effect before the amendments made by the Pension Protection Act of 2006, for the most recent plan year for which such rate exists.
(B) Fractional portion.--The term ``fractional portion'' means a fraction, the numerator of which is the amount required to be contributed to the applicable pension plan for the 5 plan years ending before December 31, 2005, by such employer, and the denominator of which is the amount required to be contributed to such plan for such plan years by all employers which do not make the election described in subsection (b).
(d) Other Definitions.--For purposes of this section--
(1) Applicable pension plan.--The term ``applicable pension plan'' means a single employer plan which--
(A) was established in the State of Alaska on March 18, 1967, and
(B) as of January 1, 2005, had 2 or more contributing sponsors at least 2 of which were not under common control.
(2) Allocable portion.--The term ``allocable portion'' means, with respect to any eligible employer making an election under subsection (b), the portion of an applicable pension plan's liabilities and assets which bears the same ratio to all such liabilities and assets as such employer's share (determined under subsection (c) as if no eligible employer made an election under subsection (b)) of the excess
(if any) of--
(A) the liabilities of the plan, valued in accordance with subsection (c), over
(B) the assets of the plan,bears to the total amount of such excess.
(3) Eligible employer.--An ``eligible employer'' is an employer which participated in an eligible multiple employer plan on or after January 1, 2000.
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SA 1144. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill H.R. 1495, 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 appropriate place in title III, insert the following:
SEC. 3___. RATHBUN LAKE, IOWA.
(a) Right of First Refusal.--The Secretary shall provide, in accordance with the recommendations in the Rathbun Lake Reallocation Report approved by the Chief of Engineers on July 22, 1985, the Rathbun Regional Water Association with the right of first refusal to contract for or purchase any increment of the remaining allocation (8,320 acre-feet) of water supply storage in Rathbun Lake, Iowa.
(b) Payment of Cost.--The Rathbun Regional Water Association shall pay the cost of any water supply storage allocation provided under subsection (a).
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SA 1145. Mrs. BOXER (for herself and Mr. Inhofe) proposed an amendment to amendment SA 1065 proposed by Mrs. Boxer (for herself, Mr. Inhofe, Mr. Baucus, and Mr. Isakson) to the bill H.R. 1495, 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; as follows:
On page 43, line 13, insert ``, subject to section 902 of the Water Resources Development Act of 1986 (100 Stat. 4183)'' before the period at the end.
On page 48, strike lines 22 through 25 and insert the following:
(4) Working groups.--
(A) In general.--The Task Force may establish such working groups as the Task Force determines to be necessary to assist the Task Force in carrying out this subsection.
(B) Integration team.--
(i) In general.--The Task Force shall establish, for the purposes described in clause (ii), an integration team comprised of--
(I) independent experts with experience relating to--
(aa) coastal estuaries;
(bb) diversions;
(cc) coastal restoration;
(dd) wetlands protection;
(ee) ecosystem restoration;
(ff) hurricane protection;
(gg) storm damage reduction systems; and
(hh) navigation and ports; and
(II) representatives of--
(aa) the State of Louisiana; and
(bb) local governments in southern Louisiana.
(ii) Purposes.--The purposes referred to in clause (i) are--
(I) to advise the Task Force and the Secretary regarding opportunities to integrate the planning, engineering, design, implementation, and performance of Corps of Engineers projects for hurricane and storm damage reduction, flood damage reduction, ecosystem restoration, and navigation in areas of Louisiana declared to be a major disaster as a result of Hurricane Katrina or Rita;
(II) to review reports relating to the performance of, and recommendations relating to the future performance of, the hurricane, coastal, and flood protection systems in southern Louisiana, including the reports issued by the Interagency Performance Evaluation Team, the National Science Foundation, the American Society of Civil Engineers, and Team Louisiana to advise the Task Force and the Secretary on opportunities to improve the performance of the protection systems; and
(III) to carry out such other duties as the Task Force or the Secretary determine to be appropriate.
On page 54, line 6, strike ``for participation in'' and insert ``for the 100-year level of flood protection, in accordance with''.
On page 57, between lines 23 and 24, insert the following:
(4) Credit.--The Secretary shall credit to the non-Federal share of the cost of the project under this subsection any amount otherwise eligible to be credited under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 2001).
Beginning on page 58, strike line 11 and all that follows through page 60, line 3, and insert the following:
(s) Mississippi River Gulf Outlet.--
(1) Deauthorization.--
(A) In general.--Effective beginning on the date of submission of the plan required under subparagraph (C), the navigation channel portion of the project for navigation, Mississippi River Gulf outlet, authorized by the Act of March 29, 1956 (70 Stat. 65, chapter 112;100 Stat. 4177; 110 Stat. 3717), which extends from the Gulf of Mexico to Mile 60 at the southern bank of the Gulf Intracoastal Waterway, is not authorized.
(B) Scope.--Nothing in this paragraph modifies or deauthorizes the Inner Harbor navigation canal replacement project authorized by that Act.
(C) Closure and restoration plan.--
(i) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the deauthorization of the Mississippi River Gulf outlet, as described under the heading ``Investigations'' under chapter 3 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 453).
(ii) Inclusions.--At a minimum, the report under clause (i) shall include--
(I) a comprehensive plan to deauthorize navigation on the Mississippi River Gulf outlet;
(II) a plan to physically modify the Mississippi River Gulf outlet and restore the areas affected by the navigation channel;
(III) a plan to restore natural features of the ecosystem that will reduce or prevent damage from storm surge;
(IV) a plan to prevent the intrusion of saltwater into the waterway;
(V) efforts to integrate the recommendations of this report with the program authorized under subsection (a) and the analysis and design authorized by title I of the Energy and Water Develop Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2247); and
(VI) consideration of--
(aa) use of native vegetation; and
(bb) diversions of fresh water to restore the Lake Borgne ecosystem.
(D) Construction.--The Secretary shall carry out a plan to close the Mississippi River Gulf outlet and restore and protect the ecosystem substantially in accordance with the plan required under subparagraph (C), if the Secretary determines that the project is cost-effective, environmentally acceptable, and technically feasible.
On page 64, after line 23, insert the following, and redesignate the subsequent paragraphs accordingly:
(5) Lawrence gateway, massachusetts.--Project for aquatic ecosystem restoration at the Lawrence Gateway quadrant project along the Merrimack and Spicket Rivers in Lawrence, Massachusetts, in accordance with the general conditions established by the project approval of the Environmental Protection Agency, Region I, including filling abandoned drainage facilities and making improvements to the drainage system on the Lawrence Gateway to prevent continued migration of contaminated sediments into the river systems.
Strike section 3003 and insert the following:
SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.
Section 111 of title I of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2944), is amended by striking subsections (a) and (b) and inserting the following:
``(a) Construction of New Facilities.--
``(1) Definitions.--In this subsection:
``(A) Existing facility.--The term `existing facility' means the administrative and maintenance facility for the project for Black Warrior-Tombigbee Rivers, Alabama, in existence on the date of enactment of the Water Resources Development Act of 2007.
``(B) Parcel.--The term `Parcel' means the land owned by the Federal Government in the City of Tuscaloosa, Alabama, as in existence on the date of enactment of the Water Resources Development Act of 2007.
``(2) Authorization.--In carrying out the project for Black Warrior-Tombigbee Rivers, Alabama, the Secretary is authorized--
``(A) to purchase land on which the Secretary may construct a new maintenance facility, to be located--
``(i) at a different location from the existing facility; and
``(ii) in the vicinity of the City of Tuscaloosa, Alabama;
``(B) at any time during or after the completion of, and relocation to, the new maintenance facility--
``(i) to demolish the existing facility; and
``(ii) to carry out any necessary environmental clean-up of the Parcel, all at full Federal expense; and
``(C) to construct on the Parcel a new administrative facility.
``(b) Acquisition and Disposition of Property.--The Secretary--
``(1) may acquire any real property necessary for the construction of the new maintenance facility under subsection
(a)(2)(A); and
``(2) shall convey to the City of Tuscaloosa fee simple title in and to any portion of the Parcel not required for construction of the new administrative facility under subsection (a)(2)(C) through--
``(A) sale at fair market value;
``(B) exchange of other Federal land on an acre-for-acre basis; or
``(C) another form of transfer.''.
At the appropriate place in title III, insert the following:
SEC. 3___. PERRY CREEK, IOWA.
(a) In General.--On making a determination described in subsection (b), the Secretary shall increase the Federal contribution for the project for flood control, Perry Creek, Iowa, authorized under section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4116; 117 Stat. 1844).
(b) Determination.--A determination referred to in subsection (a) is a determination that a modification to the project described in that subsection is necessary for the Federal Emergency Management Agency to certify that the project provides flood damage reduction benefits to at least a 100-year level.
(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $4,000,000.
At the appropriate place in title III, insert the following:
SEC. 3___. RATHBUN LAKE, IOWA.
(a) Right of First Refusal.--The Secretary shall provide, in accordance with the recommendations in the Rathbun Lake Reallocation Report approved by the Chief of Engineers on July 22, 1985, the Rathbun Regional Water Association with the right of first refusal to contract for or purchase any increment of the remaining allocation (8,320 acre-feet) of water supply storage in Rathbun Lake, Iowa.
(b) Payment of Cost.--The Rathbun Regional Water Association shall pay the cost of any water supply storage allocation provided under subsection (a).
At the appropriate place in title III, insert the following:
SEC. 3___. JACKSON COUNTY, MISSISSIPPI.
(a) Modification.--Section 331 of the Water Resources Development Act of 1999 (113 Stat. 305) is amended by striking ``$5,000,000'' and inserting ``$9,000,000''.
(b) Applicability of Credit.--The credit provided by section 331 of the Water Resources Development Act of 1999
(113 Stat. 305) (as modified by subsection (a)) shall apply to costs incurred by the Jackson County Board of Supervisors during the period beginning on February 8, 1994, and ending on the date of enactment of this Act for projects authorized by section 219(c)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 113 Stat. 1494; 114 Stat. 2763A-219).
At the appropriate place in title III, insert the following:
SEC. 3___. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.
The project for beach erosion control and hurricane protection, Sandbridge Beach, Virginia Beach, Virginia, authorized by section 101(22) of the Water Resources Development Act of 1992 (106 Stat. 4804; 114 Stat. 2612), is modified to authorize the Secretary to review the project to determine whether any additional Federal interest exists with respect to the project, taking into consideration conditions and development levels relating to the project in existence on the date of enactment of this Act.
At the appropriate place in title IV, insert the following:
SEC. 4___. MOHAWK RIVER, ONEIDA COUNTY, NEW YORK.
(a) In General.--The Secretary shall conduct a watershed study of the Mohawk River watershed, Oneida County, New York, with a particular emphasis on improving water quality and the environment.
(b) Recommendations.--In conducting the study under subsection (a), the Secretary shall take into consideration impacts on the Sauquoit Creek Watershed and the economy.
At the appropriate place in title IV, insert the following:
SEC. 4___. WALLA WALLA RIVER BASIN, OREGON AND WASHINGTON.
In conducting the study to determine the feasibility of carrying out a project for ecosystem restoration, Walla Walla River Basin, Oregon and Washington, the Secretary shall--
(1) provide a credit toward the non-Federal share of the cost of the project for the cost of any activity carried out by the non-Federal interest before the date of the partnership agreement for the project, if the Secretary determines that the activity is integral to the project; and
(2) allow the non-Federal interest to provide the non-Federal share of the cost of the study in the form of in-kind services and materials.
Strike section 4028 (relating to Jasper County port facility study, South Carolina) and insert the following:
SEC. 4028. PROJECTS FOR IMPROVEMENT, SAVANNAH RIVER, SOUTH
CAROLINA AND GEORGIA.
(a) In General.--The Secretary shall determine the feasibility of carrying out projects--
(1) to improve the Savannah River for navigation and related purposes that may be necessary to support the location of container cargo and other port facilities to be located in Jasper County, South Carolina, in the vicinity of Mile 6 of the Savannah Harbor entrance channel; and
(2) to remove from the proposed Jasper County port site the easements used by the Corps of Engineers for placement of dredged fill materials for the Savannah Harbor Federal navigation project.
(b) Factors for Consideration.--In making a determination under subsection (a), the Secretary shall take into consideration--
(1) landside infrastructure;
(2) the provision of any additional dredged material disposal area as a consequence of removing from the proposed Jasper County port site the easements used by the Corps of Engineers for placement of dredged fill materials for the Savannah Harbor Federal navigation project; and
(3) the results of the proposed bistate compact between the State of Georgia and the State of South Carolina to own, develop, and operate port facilities at the proposed Jasper County port site, as described in the term sheet executed by the Governor of the State of Georgia and the Governor of the State of South Carolina on March 12, 2007.
Strike paragraph (1) of section 5010(a) (relating to the Susquehanna, Delaware, and Potomac River Basins, Delaware, Maryland, Pennsylvania, and Virginia) and insert the following:
(1) shall be--
(A) the ex officio United States member under the Susquehanna River Basin Compact and the Delaware River Basin Compact; and
(B) 1 of the 3 members appointed by the President under the Potomac River Basin Compact;
In paragraph (1) of section 5010(e) (relating to the Susquehanna, Delaware, and Potomac River Basins, Delaware, Maryland, Pennsylvania, and Virginia), strike ``Potomac River Basin Commission'' and insert ``Interstate Commission on the Potomac River Basin''.
In section 5011(a) (relating to the Anacostia River, District of Columbia and Maryland), strike ``1 year'' and insert ``2 years''.
At the appropriate place in title V, insert the following:
SEC. 5___. COST SHARING PROVISIONS FOR THE TERRITORIES.
Section 1156 of the Water Resources Development Act of 1986
(33 U.S.C. 2310) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Use of Federal Funds by Non-Federal Interests.--A non-Federal interest may use Federal funds to provide the non-Federal share of the costs of a study or project carried out at a location referred to in subsection (a), if the agency or department that provides the Federal funds determines that the funds are eligible to be used for that purpose.''.
At the appropriate place in title V, insert the following:
SEC. 5___. INNER HARBOR NAVIGATION CANAL LOCK PROJECT.
Not later than July 1, 2008, the Secretary shall--
(1) issue a final environmental impact statement relating to the Inner Harbor Navigation Canal Lock project; and
(2) develop and maintain a transportation mitigation program relating to that project in coordination with--
(A) St. Bernard Parish;
(B) Orleans Parish;
(C) the Old Arabi Neighborhood Association; and
(D) other interested parties.
At the appropriate place in title V, insert the following:
SEC. 5___. GREAT LAKES NAVIGATION.
(a) Definition of Great Lakes and Connecting Channels.--In this section, the term ``Great Lakes and connecting channels'' includes--
(1) Lakes Superior, Huron, Michigan, Erie, and Ontario;
(2) any connecting water between or among those lakes that is used for navigation;
(3) any navigation feature in those lakes or water the operation or maintenance of which is a Federal responsibility; and
(4) any area of the Saint Lawrence River that is operated or maintained by the Federal Government for navigation.
(b) Navigation.--Using available funds, the Secretary shall expedite the operation and maintenance, including dredging to authorized project depths, of the navigation features of the Great Lakes and connecting channels for the purpose of supporting navigation.
At the appropriate place in Title II, insert the following:
SEC. 2 __. PROJECT DEAUTHORIZATION.
Section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 597a) is amended as follows:
(1) In the first sentence by striking ``two years'' and inserting ``year'',
(2) In the last sentence by striking ``30 months after the date'' and inserting ``the last date of the fiscal year following the fiscal year in which'', and
(3) In the last sentence by striking ``such 30 month period'' and inserting ``such period''.
On page 60, between lines 16 and 17, insert the following:
(u) Emergency Procedures.--
(1) In general.--If the President determines that a feature recommended in the analysis and design of comprehensive hurricane protection under title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2447), could (1) address an imminent threat to life and property; (2) prevent a dangerous storm surge from reaching a populated area; (3) prevent the loss of coastal areas that reduce the impact of storm surge; (4) benefit national energy security; (5) protect emergency hurricane evacuation routes or shelters; or (6) address inconsistencies in hurricane protection standards, the President may submit to the Speaker of the House of Representatives and the President pro tempore of the Senate for authorization a legislative proposal relating to the feature, as the President determines to be appropriate.
(2) Prioritization.--In submitting legislative proposals under paragraph (1), the President shall give highest priority to any project that, as determined by the President, would--
(A) to the maximum extent practicable, reduce the risk--
(i) of loss of human life;
(ii) to public safety; and
(iii) of damage to property; and
(B) minimize costs and environmental impacts.
(3) Expedited consideration.--
(A) In general.--Beginning after December 31, 2008, any legislative proposal submitted by the President under paragraph (1) shall be eligible for expedited consideration in accordance with this paragraph.
(B) Introduction.--As soon as practicable after the date of receipt of a legislative proposal under paragraph (1), the Chairman of the Committee on Environment and Public Works of the Senate and the Chairman of the Committee on Transportation and Infrastructure of the House of Representatives shall introduce the proposal as a bill, by request, in the Senate or the House of Representatives, as applicable.
(C) Referral.--A bill introduced under subparagraph (B) shall be referred to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, [as applicable.]
(D) Committee consideration.--
(i) In general.--Not later than 45 legislative days after a bill under subparagraph (B) is referred to a Committee in accordance with subparagraph (C), the Committee shall act on the bill.
(ii) Failure to act.--If a Committee fails to act on a bill by the date specified in clause (i), the bill shall be discharged from the Committee and placed on the calendar of the Senate or the House of Representatives, as applicable.
(E) Senate floor consideration.--
(i) In general.--Floor consideration in the Senate regarding a bill introduced under subparagraph (B) shall be limited to 20 hours, to be equally divided between the Majority Leader and the Minority Leader of the Senate (or a designee).
(ii) Nongermane amendments.--An amendment that is nongermane to a bill introduced under subparagraph (B) shall not be in order.
(4) Effective date.--This requirements of, and authorities under, this subsection shall expire on December 31, 2010.
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