Congressional Record, Senate, August 3, 2021, Page S5770
Summary
A page of the Congressional Record, Senate, dated August 3, 2021, at page S5770, carrying amendment text intended to be proposed to amendment SA 2137 to H.R. 3684. One text would rescind funds under section 603(a) only if the unobligated balance under section 602(a)(1) is less than $4,000,000,000 and appropriate an equal amount for Shuttered Venue Operators grants to service and support companies, and would provide for processing previously denied applications. Other texts make edits by page and line in a division of the bill. SA 2414, submitted by Mr. Daines, and SA 2416, submitted by Mrs. Hyde-Smith, are among those listed.
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“Congressional Record, Senate, August 3, 2021, Page S5770.”
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S5770 CONGRESSIONAL RECORD — SENATE August 3, 2021
section 603(a) only if the unobligated balance On page 2611, line 19, strike ‘‘$72,000,000’’ On page 2612, line 6, insert ‘‘and’’ after the
of amounts appropriated under such section and insert ‘‘$70,000,000’’. semicolon.
602(a)(1) is less than $4,000,000,000. On page 2612, line 6, insert ‘‘and’’ after the On page 2612, line 10, strike ‘‘; and’’ and in-
(2) APPROPRIATION.—There is appro- semicolon. sert a period.
priated for an additional amount, out of On page 2612, line 10, strike ‘‘; and’’ and in- On page 2612, strike lines 11 through 13.
amounts in the Treasury not otherwise ap- sert a period.
propriated, for the fiscal year ending Sep- On page 2612, strike lines 11 through 13. SA 2416. Mrs. HYDE-SMITH sub-
tember 30, 2021, an amount equal to the mitted an amendment intended to be
amount rescinded under paragraph (1), to re- SA 2414. Mr. DAINES submitted an proposed to amendment SA 2137 pro-
main available until December 31, 2021, under amendment intended to be proposed to posed by Mr. SCHUMER (for Ms. SINEMA
the heading ‘‘Small Business Administra- amendment SA 2137 proposed by Mr. (for herself, Mr. PORTMAN, Mr.
tion—Shuttered Venue Operators’’, to make SCHUMER (for Ms. SINEMA (for herself, MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
grants to service and support companies Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Ms. COLLINS, Mr. TESTER, Ms. MUR-
under section 324 of the Economic Aid to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. KOWSKI, Mr. WARNER, and Mr. ROMNEY))
Hard Hit Small Businesses, Nonprofits, and TESTER, Ms. MURKOWSKI, Mr. WARNER, to the bill H.R. 3684, to authorize funds
Venues Act (title III of division N of Public
and Mr. ROMNEY)) to the bill H.R. 3684, for Federal-aid highways, highway
Law 116-260), as amended by subsection (a).
(c) PROCESSING PREVIOUSLY DENIED APPLI- to authorize funds for Federal-aid high- safety programs, and transit programs,
CATIONS.—If a service and support company, ways, highway safety programs, and and for other purposes; which was or-
as defined in paragraph (11) of section 324(a) transit programs, and for other pur- dered to lie on the table; as follows:
of the Economic Aid to Hard-Hit Small Busi- poses; which was ordered to lie on the At the appropriate place in title I of divi-
nesses, Nonprofits, and Venues Act (title III table; as follows: sion E, insert the following:
of division N of Public Law 116–260), as added On page 1816, strike lines 1 through 12 and SEC. 501ll. EMERGENCY WATER INFRASTRUC-
by subsection (a), was denied a grant under TURE IMPROVEMENTS.
insert the following:
such section before the date of enactment of (a) ADDITIONAL ENVIRONMENTAL INFRA-
(2) $285,000,000 shall be made available to
this Act due to lack of eligibility but, as a STRUCTURE AUTHORITY.—Section 219(f)(167) of
provide to States and Indian Tribes for im-
result of the amendments made by sub- the Water Resources Development Act of
plementing restoration projects on Federal
section (a), is eligible for a grant under such 1992 (Public Law 102–580; 106 Stat. 4835; 113
land pursuant to good neighbor agreements
section, the Administrator of the Small Stat. 335; 121 Stat. 1263) is amended by strik-
entered into under section 8206 of the Agri- ing ‘‘$25,000,000’’ and inserting ‘‘$47,000,000’’.
Business Administration shall reconsider cultural Act of 2014 (16 U.S.C. 2113a) or agree-
and process the application of the service (b) SAFE DRINKING WATER INFRASTRUC-
ments entered into under section 2(b) of the TURE.—
and support company. Tribal Forest Protection Act of 2004 (25
(d) REGULATIONS.—Not later than 30 days (1) DEFINITIONS.—In this subsection:
U.S.C. 3115a(b)), of which— (A) ELIGIBLE STATE.—The term ‘‘eligible
after the date of enactment of this Act, the (A) $40,000,000 shall be made available to
Administrator of the Small Business Admin- State’’ means a State—
the Secretary of the Interior; and (i) for which the President has declared not
istration shall issue regulations to carry out (B) $245,000,000 shall be made available to
this Act and the amendments made by this fewer than 5 major disasters under the Rob-
the Secretary of Agriculture; ert T. Stafford Disaster Relief and Emer-
Act without regard to the notice require-
ments under section 553(b) of title 5, United gency Assistance Act (42 U.S.C. 5121 et seq.);
SA 2415. Mr. DAINES submitted an and
States Code. amendment intended to be proposed to
(e) SENSE OF CONGRESS.—It is the sense of (ii) in which public water systems suffered
Congress that the Administrator of the amendment SA 2137 proposed by Mr. major damage, as determined by the Admin-
Small Business Administration should— SCHUMER (for Ms. SINEMA (for herself, istrator, from Winter Storms Uri and Viola.
(1) issue guidance to ensure that entities Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (B) ELIGIBLE SYSTEM.—The term ‘‘eligible
whose principal business is to provide serv- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. system’’ means a public water system that
has been subject to an emergency adminis-
ices and support to the live events industry TESTER, Ms. MURKOWSKI, Mr. WARNER, trative order pursuant to section 1431 of the
remain eligible for the program established and Mr. ROMNEY)) to the bill H.R. 3684, Safe Drinking Water Act (42 U.S.C. 300i) dur-
under section 324 of the Economic Aid to to authorize funds for Federal-aid high- ing calendar year 2020.
Hard Hit Small Businesses, Nonprofits, and
ways, highway safety programs, and (C) PUBLIC WATER SYSTEM.—The term ‘‘pub-
Venues Act (title III of division N of Public
Law 116–260); and transit programs, and for other pur- lic water system’’ has the meaning given the
poses; which was ordered to lie on the term in section 1401 of the Safe Drinking
(2) distribute funds appropriated for that
table; as follows: Water Act (42 U.S.C. 300f).
program not later than 120 days after the
(2) STATE REVOLVING LOAN FUND ASSIST-
date of enactment of this Act. On page 1816, strike lines 1 through 12 and
ANCE.—
insert the following: (A) IN GENERAL.—Notwithstanding any
SA 2413. Mr. DAINES submitted an (2) $285,000,000 shall be made available to other provision of law, an eligible system
amendment intended to be proposed to provide to States and Indian Tribes for im- shall be—
amendment SA 2137 proposed by Mr. plementing restoration projects on Federal (i) considered a disadvantaged community
SCHUMER (for Ms. SINEMA (for herself, land pursuant to good neighbor agreements for purposes of subsection (d) of section 1452
entered into under section 8206 of the Agri-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- of the Safe Drinking Water Act (42 U.S.C.
cultural Act of 2014 (16 U.S.C. 2113a) or agree- 300j–12); and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
ments entered into under section 2(b) of the (ii) eligible to receive the additional sub-
TESTER, Ms. MURKOWSKI, Mr. WARNER, Tribal Forest Protection Act of 2004 (25
and Mr. ROMNEY)) to the bill H.R. 3684, sidization described in paragraph (1) of that
U.S.C. 3115a(b)), of which— subsection, including the forgiveness of prin-
to authorize funds for Federal-aid high- (A) $40,000,000 shall be made available to cipal described in that paragraph.
ways, highway safety programs, and the Secretary of the Interior; and (B) AUTHORIZATION.—An eligible State may
transit programs, and for other pur- (B) $245,000,000 shall be made available to use funds made available under a capitaliza-
poses; which was ordered to lie on the the Secretary of Agriculture; tion grant provided under paragraph (3) to
On page 2553, line 5, strike ‘‘$585,000,000’’
table; as follows: and insert ‘‘$510,000,000’’.
provide the additional subsidization de-
On page 2553, line 5, strike ‘‘$585,000,000’’ scribed in subparagraph (A)(ii) to an eligible
On page 2553, line 8, strike ‘‘, of which’’ and
and insert ‘‘$510,000,000’’. system within the eligible State to address
all that follows through ‘‘established:’’ on
On page 2553, line 8, strike ‘‘, of which’’ and contaminants in drinking water, which may
line 12 and insert ‘‘: Provided further, That no
all that follows through ‘‘established:’’ on include the repair and replacement of water
funds made available under this Act shall be
line 12 and insert ‘‘: Provided further, That no distribution system components.
used for the breach or removal of a Federal
funds made available under this Act shall be (3) DRINKING WATER STATE REVOLVING
or non-Federal dam:’’.
used for the breach or removal of a Federal FUNDS.—
On page 2611, line 10, strike ‘‘$360,000,000’’
or non-Federal dam:’’. and insert ‘‘$350,000,000’’. (A) APPROPRIATION.—There is appropriated
On page 2611, line 10, strike ‘‘$360,000,000’’ On page 2611, line 11, strike ‘‘$72,000,000’’ to the Administrator, out of any funds of the
and insert ‘‘$350,000,000’’. and insert ‘‘$70,000,000’’. Treasury not otherwise appropriated,
On page 2611, line 11, strike ‘‘$72,000,000’’ On page 2611, line 13, strike ‘‘$72,000,000’’ $150,000,000 to provide additional capitaliza-
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and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. tion grants to eligible States pursuant to
On page 2611, line 13, strike ‘‘$72,000,000’’ On page 2611, line 15, strike ‘‘$72,000,000’’ section 1452 of the Safe Drinking Water Act
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. (42 U.S.C. 300j–12) for the purposes described
On page 2611, line 15, strike ‘‘$72,000,000’’ On page 2611, line 17, strike ‘‘$72,000,000’’ in paragraph (2)(B), to remain available until
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. expended.
On page 2611, line 17, strike ‘‘$72,000,000’’ On page 2611, line 19, strike ‘‘$72,000,000’’ (B) INTENDED USE PLANS.—Not later than 30
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. days after the date on which an eligible
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5771
State submits to the Administrator a revised (B) any land located within the boundaries under paragraph (1) shall comply with the
intended use plan under section 1452(b) of the of an Indian reservation, pueblo, or environmental review procedures under parts
Safe Drinking Water Act (42 U.S.C. 300j– rancheria, the title to which is held— 1500–1508 of title 40, Code of Federal Regula-
12(b)) that includes information with respect (i) in trust by the United States for the tions (or successor regulations), and the reg-
to projects described in paragraph (2)(B) to benefit of an Indian Tribe or an individual ulations of the Secretary concerned.
be funded using amounts made available in a Indian; (3) FEDERAL RESPONSIBILITY.—Any respon-
capitalization grant pursuant to subpara- (ii) by an Indian Tribe or an individual In- sibility of the Secretary concerned described
graph (A), the Administrator shall make a dian, subject to restriction against alien- in paragraph (1) that is not explicitly as-
capitalization grant to the eligible State in ation under laws of the United States; or sumed by the State or Indian Tribe in the
such amount as is necessary to fund the (iii) by a dependent Indian community. memorandum of understanding shall remain
projects described in the revised intended (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ the responsibility of the Secretary con-
use plan. means a federally recognized Indian Tribe. cerned.
(C) REQUIREMENT.—Of the funds provided (5) OPERATIONAL RIGHT-OF-WAY.—The term (c) OFFER AND NOTIFICATION.—A State or
to an eligible State in a capitalization grant ‘‘operational right-of-way’’ means all real Indian Tribe that intends to offer to enter
made pursuant to subparagraph (A), the eli- property interests (including easements) ac- into a memorandum of understanding under
gible State may use not more than 15 per- quired for the construction or operation of a this section shall provide to the Secretary
cent to provide assistance to an eligible sys- project, including the locations of the road- concerned notice of the intent of the State
tem for the purposes of purchasing and in- way, bridges, interchanges, culverts, drain- or Indian Tribe not later than 90 days before
stalling new water meters and modernizing age, clear zone, traffic control signage, land- the date on which the State or Indian Tribe
billing systems. scaping, copper and fiber optic lines, utility submits a formal written offer to the Sec-
(4) NONDUPLICATION OF WORK.—An activity shelters, poles, and broadband infrastructure retary concerned.
carried out using funds made available under as installed by broadband providers, and any (d) TRIBAL CONSULTATION.—Within 90 days
this subsection shall not duplicate or impede rest areas with direct access to a controlled of entering into any memorandum of under-
the work of any other Federal or State de- access highway or the National Highway standing with a State, the Secretary con-
partment or agency. System. cerned shall initiate consultation with rel-
(c) ECONOMIC ADJUSTMENT ASSISTANCE (6) SECRETARY CONCERNED.—The term ‘‘Sec- evant Indian Tribes.
GRANTS FOR DRINKING WATER INFRASTRUC- retary concerned’’ means— (e) MEMORANDUM OF UNDERSTANDING.—A
TURE.—Of the amounts made available under (A) the Secretary of Agriculture (acting memorandum of understanding entered into
the heading ‘‘ECONOMIC DEVELOPMENT ASSIST- through the Chief of the Forest Service), under this section shall—
ANCE PROGRAMS’’ under the heading ‘‘ECO- with respect to National Forest System land; (1) be executed by the Governor or the Gov-
NOMIC DEVELOPMENT ADMINISTRATION’’ under and ernor’s designee, or in the case of an Indian
title II of division B of the CARES Act (Pub- (B) the Secretary of the Interior, with re- Tribe, by an officer designated by the gov-
lic Law 116–136; 134 Stat. 510), or for grants spect to land managed by the Department of erning body of the Indian Tribe;
for economic development assistance under the Interior (including land held in trust for
the heading ‘‘ECONOMIC DEVELOPMENT ASSIST- (2) be for a term not to exceed 10 years;
an Indian Tribe). (3) be in such form as the Secretary con-
ANCE PROGRAMS’’ under the heading ‘‘ECO- SEC. 41303. STATE OR TRIBAL PERMITTING AU-
NOMIC DEVELOPMENT ADMINISTRATION’’ under
cerned may prescribe;
THORITY.
title I of division B of the Consolidated Ap- (4) provide that the State or Indian Tribe—
(a) IN GENERAL.—The Secretary concerned (A) agrees to assume all or part of the re-
propriations Act, 2021 (Public Law 116–260), shall establish (or in the case where both De-
that are unobligated on the date of enact- sponsibilities of the Secretary concerned de-
partment of the Interior and National Forest scribed in subsection (b)(1);
ment of this Act, the Secretary of Commerce System land would be affected, shall jointly
shall provide not less than $25,000,000 to eli- (B) expressly consents, including through
establish) a voluntary program under which
gible systems (as defined in subsection (b)(1)) the adoption of express waivers of sovereign
any State or Indian Tribe may offer, and the
to address contaminants in drinking water. immunity, on behalf of the State or Indian
Secretary concerned may agree, to enter
--- Tribe, to accept the jurisdiction of the Fed-
into a memorandum of understanding to
SA 2417. Ms. LUMMIS (for herself allow for the State or Indian Tribe to pre- eral courts for the compliance, discharge,
and Mr. HICKENLOOPER) submitted an pare environmental analyses required under and enforcement of any responsibility of the
amendment intended to be proposed to the National Environmental Policy Act of Secretary concerned assumed by the State or
amendment SA 2137 proposed by Mr. 1969 (42 U.S.C. 4321 et seq.) for the permitting Indian Tribe;
of broadband projects within an operational (C) certify that State laws and regulations,
SCHUMER (for Ms. SINEMA (for herself,
right-of-way on National Forest System with respect to States, or Tribal laws and
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- regulations, with respect to Indian Tribes,
land, land managed by the Department of
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. are in effect that—
the Interior, and Indian Lands. Under such a
TESTER, Ms. MURKOWSKI, Mr. WARNER, memorandum of understanding, an Indian (i) authorize the State or Indian Tribe to
and Mr. ROMNEY)) to the bill H.R. 3684, Tribe or State may volunteer to cooperate take the actions necessary to carry out the
to authorize funds for Federal-aid high- with the signatories to the memorandum in responsibilities being assumed; and
ways, highway safety programs, and the preparation of the analyses required (ii) are comparable to section 552 of title 5,
transit programs, and for other pur- under the National Environmental Policy United States Code, including providing that
poses; which was ordered to lie on the Act of 1969. any decision regarding the public avail-
(b) ASSUMPTION OF RESPONSIBILITIES.— ability of a document under the State laws is
table; as follows:
(1) IN GENERAL.—In entering into a memo- reviewable by a court of competent jurisdic-
At the end of division D, add the following: randum of understanding under this section, tion;
TITLE XIII—RURAL BROADBAND the Secretary concerned may assign to the (D) agrees to maintain the financial re-
PERMITTING EFFICIENCY State or Indian Tribe, and the State or In- sources necessary to carry out the respon-
SEC. 41301. SHORT TITLE. dian Tribe may agree to assume, all or part sibilities being assumed;
This title may be cited as the ‘‘Rural of the responsibilities of the Secretary con- (E) agrees to provide to the Secretary con-
Broadband Permitting Efficiency Act of cerned for environmental analyses under the cerned any information the Secretary con-
2021’’. National Environmental Policy Act of 1969 cerned considers necessary to ensure that
SEC. 41302. DEFINITIONS. (42 U.S.C. 4321 et seq.). the State or Indian Tribe is adequately car-
In this title: (2) STATE OR INDIAN TRIBE RESPONSI- rying out the responsibilities assigned to and
(1) BROADBAND PROJECT.—The term BILITY.— assumed by the State or Indian Tribe;
‘‘broadband project’’ means an installation (A) IN GENERAL.—A State or Indian Tribe (F) agrees to return revenues generated
by a broadband provider of wireless or that assumes any responsibility under para- from the use of public lands authorized under
broadband infrastructure, including but not graph (1) shall be subject to the same proce- this section to the United States annually,
limited to, copper lines, fiber optic lines, dural and substantive requirements as would in accordance with the Federal Land Policy
communications towers, buildings, or other apply if the responsibility were carried out and Management Act of 1976 (43 U.S.C. 1701 et
improvements on Federal land. by the Secretary concerned. seq.); and
(2) BROADBAND PROVIDER.—The term (B) EFFECT OF ASSUMPTION OF RESPONSI- (G) agrees to send a copy of all authorizing
‘‘broadband provider’’ means a provider of BILITY.—A State or Indian Tribe that as- documents to the United States for proper
wireless or broadband infrastructure that en- sumes any responsibility, including financial notation and recordkeeping;
ables a user to originate and receive high- responsibility, under paragraph (1) shall be (5) prioritize and expedite any analyses
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quality voice, data, graphics, and video tele- solely responsible and solely liable for car- under the National Environmental Policy
communications. rying out, in lieu of the Secretary concerned, Act of 1969 (42 U.S.C. 4321 et seq.) under the
(3) INDIAN LANDS.—The term ‘‘Indian the responsibilities assumed under that para- memorandum of understanding;
Lands’’ means— graph until the date on which the program is (6) not be granted to a State on Indian
(A) any land owned by an Indian Tribe, lo- terminated under subsection (g). Lands without the consent of the relevant
cated within the boundaries of an Indian res- (C) ENVIRONMENTAL REVIEW.—A State or Indian Tribe, which consent may be with-
ervation, pueblo, or rancheria; or Indian Tribe that assumes any responsibility drawn at any time before the work under the
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