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as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006: Provided further, That
the Secretary, acting through the Chief of Engineers, is di-
rected to use funds appropriated under this heading for the
restoration of funds for hurricane-damaged projects in the
State of Pennsylvania: Provided further, That the amount
shall be available for the projects identified above and only
to the extent that an official budget request for a specific
dollar amount, including a designation of the entire
amount of the request as an emergency requirement, is
transmitted by the President to Congress.
GENERAL PROVISIONS—THIS CHAPTER
FLOOD PROTECTION, LOUISIANA
SEC. 2401. (a) There shall be made available
$200,000,000 for the Secretary of the Army (referred to in
this section as the ‘‘Secretary’’) to provide, at full Federal
expense—
(1) removal of the existing pumping stations on
the 3 interior drainage canals in Jefferson and Orle-
ans Parishes and realignment of the drainage canals
to direct interior flows to the new permanent pump
stations to be constructed at Lake Pontchartrain;
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(2) repairs, replacements, modifications, and im-
provements of non-Federal levees and associated pro-
tection measures—
(A) in areas of Terrebonne Parish; and
(B) on the east bank of the Mississippi
River in Plaquemines Parish, Louisiana; and
(3) for armoring the hurricane and storm dam-
age reduction system in south Louisiana.
(4) A project under this section shall be initiated
only after non-Federal interests have entered into
binding agreements with the Secretary to pay 100
percent of the operation and maintenance costs of the
project and to hold and save the United States free
from damages due to the construction or operation
and maintenance of the project, except for damages
due to the fault or negligence of the United States or
its contractors.
(5) Not later than 60 days after the date of en-
actment of this Act the Secretary in consultation with
Plaquemines Parish and the State of Louisiana shall
submit to Congress a report detailing a modified plan
regarding levels of protection for lower Plaquemines
Parish, Louisiana, relating to hurricane protection
with a focus on—
(A) protecting densely populated areas;
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(B) energy infrastructure;
(C) structural and nonstructural coastal
barriers and protection;
(D) port facilities; and
(E) the long-term maintenance and protec-
tion of the deep draft navigation channel on the
Mississippi River, not including the Mississippi
River-Gulf Outlet.
(6) Not later than 30 days after the date of en-
actment of this Act, the Secretary shall offer to enter
into a contract with the National Academies to pro-
vide to the Secretary a report, by not later than 90
days after the date of enactment of this Act, describ-
ing, for the period beginning on the date on which the
individual system components for hurricane and
storm damage reduction was constructed and ending
on the date on which the report is prepared, the dif-
ference between—
(A) the portion of the vertical depreciation
of the system that is attributable to design and
construction flaws, taking into consideration the
settling of levees and floodwalls or subsidence;
and
(B) the portion of that depreciation that is
attributable to the application of new storm data
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that may require a higher level of vertical protec-
tion in order to comply with 100-year floodplain
certification and standard protect hurricane.
(7) The Secretary of the Army, acting through
the Chief of Engineers, shall use $3,500,000 within
the funds provided in Sec. 2401(a) to develop a com-
prehensive plan, at full Federal expense, to, at a min-
imum, deauthorize deep draft navigation on the Mis-
sissippi River-Gulf Outlet established by Public Law
84–455 (70 Stat. 65, chapter 112) (referred to in this
matter as the ‘‘Outlet’’), extending from the Gulf of
Mexico to the Gulf Intracoastal Waterway, and ad-
dress wetland losses attributable to the Outlet, channel
bank erosion, hurricane and storm protection, salt-
water intrusion, navigation, ecosystem restoration,
and related issues: Provided, That the plan shall in-
clude recommended authorization modifications to the
Outlet regarding what, if any, navigation should con-
tinue, measures to provide hurricane and storm pro-
tection, prevent saltwater intrusion, and re-establish
the storm buffering properties and ecological integrity
of the wetland damaged by construction and oper-
ation of the Outlet, and complement restoration of
coastal Louisiana: Provided further, That the Sec-
retary shall develop the plan in consultation with the
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Parish of St. Bernard, Louisiana, the State of Lou-
isiana, the Secretary of the Interior, the Secretary of
Commerce, the Administrator of the Environmental
Protection Agency, and the National Academy of
Sciences: Provided further, That the Secretary shall
seek input, review, and comment from the public and
the scientific community for incorporation into the
interim plan: Provided further, That the Secretary
shall ensure that an independent panel of experts es-
tablished by the National Academy of Sciences re-
views and provides written comments for incorpora-
tion into the interim plan: Provided further, That,
not later than 6 months after the date of enactment
of this Act, the Secretary shall submit an interim re-
port to Congress comprising the plan, the written
comments of the independent panel of experts, and the
written explanation of the Secretary for any rec-
ommendation of the independent panel of experts not
adopted in the plan: Provided further, That the Sec-
retary shall refine the plan, if necessary, to be fully
consistent, integrated, and included in the final tech-
nical report to be issued in December 2007 pursuant
to the matter under the heading ‘‘INVESTIGATIONS’’
under the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ of
title I of the Energy and Water Development Appro-
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priations Act, 2006 (Public Law 109–103, 119 Stat.
2247; Public Law 109–148, 119 Stat. 2814): Provided
further, That the amount provided under this heading
is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year
2006: Provided further, That for the projects identi-
fied in the report on the Mississippi River-Gulf Outlet
due by December 2007, required by this section, the
Secretary shall submit such reports to the Senate En-
vironment and Public Works Committee and House
Transportation and Infrastructure Committee: Pro-
vided further, That upon adoption of a resolution au-
thorizing the project by each committee, the Secretary
shall be authorized to construct such projects.
(8) The amounts provided under this heading
are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year
2006.
SEC. 2402 USE OF UNEXPENDED FUNDS. (a) IN GEN-
ERAL.—Notwithstanding any other provision of law,
amounts made available to the State of Oklahoma or agen-
cies or authorities therein (referred to in this section as the
‘‘State’’) before the date of enactment of this Act for general
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remediation activities being conducted in the vicinity of the
Tar Creek Superfund Site in northeastern Oklahoma and
in Ottawa County, Oklahoma, that remain unexpended as
of the date of enactment of this Act are authorized to be
used by the State to assist individuals and entities in re-
moval from areas at risk or potential risk of damage caused
by land subsidence as determined by the State.
(b) USE OF UNEXPENDED FUNDS.—The use of
unexpended funds in accordance with subsection
(a)—
(1) shall not be subject to the Uniform Relocation As-
sistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.);
(2) may include any general remediation activities de-
scribed in section (a) determined to be appropriate by the
State, including the buyout of 1 or more properties to facili-
tate a removal described in subsection (a).
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for necessary expenses related to the consequences
of Hurricane Katrina and other hurricanes of the 2005 sea-
son, $12,900,000: Provided, That the amount provided
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under this heading is designated as an emergency require-
ment pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for nec-
essary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season,
$4,800,000, to remain available until expended: Provided,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
UNITED STATES COAST GUARD
OPERATING EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ‘‘Operating Expenses’’
for necessary expenses related to the consequences of Hurri-
cane Katrina and other hurricanes of the 2005 season,
$90,570,900, to remain available until September 30, 2007,
of which up to $267,000 may be transferred to ‘‘Environ-
mental Compliance and Restoration’’ to be used for envi-
ronmental cleanup and restoration of Coast Guard facilities
in the Gulf of Mexico region; and of which up to $470,000
may be transferred to ‘‘Research, Development, Test and
Evaluation’’ to be used for salvage and repair of research
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and development equipment and facilities: Provided, That
the amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construc-
tion, and Improvements’’ for necessary expenses related to
the consequences of Hurricane Katrina and other hurri-
canes of the 2005 season, $191,844,000, to remain available
until expended: Provided, That such amounts shall be avail-
able for major repair and reconstruction projects for facili-
ties that were damaged and for damage to vessels currently
under construction, for the replacement of damaged equip-
ment, and for the reimbursement of delay, loss of efficiency,
disruption, and related costs: Provided further, That
amounts provided are also for equitable adjustments and
provisional payments to contracts for Coast Guard vessels
for which funds have been previously appropriated: Pro-
vided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to sec-
tion 402 of H. Con. Res. 95 (109th Congress), the concur-
rent resolution on the budget for fiscal year 2006.
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FEDERAL EMERGENCY MANAGEMENT AGENCY
ADMINISTRATIVE AND REGIONAL OPERATIONS
For an additional amount for ‘‘Administrative and
Regional Operations’’ for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $71,800,000, to remain available until ex-
pended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY
For an additional amount for ‘‘Preparedness, Mitiga-
tion, Response, and Recovery’’ for necessary expenses re-
lated to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $10,000,000, to remain
available until expended: Provided, That the amount pro-
vided under this heading is designated as an emergency re-
quirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
DISASTER RELIEF
For an additional amount for ‘‘Disaster Relief’’ for
necessary expenses under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $10,400,000,000, to remain available until expended:
Provided, That for States in which the President declared
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a major disaster (as that term is defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) on September 24, 2005,
as a result of Hurricane Rita, each county or parish eligible
for individual and public assistance under such declaration
in such States will be treated equally for purposes of cost-
share adjustments under such Act, to account for the impact
in those counties and parishes of Hurricanes Rita and
Katrina: Provided further, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Con-
gress), the concurrent resolution on the budget for fiscal year
2006: Provided further, That any charter school, as that
term is defined in section 5210 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 722(i)), regard-
less of whether the facility of such charter school is privately
or publicly owned, shall be considered for reimbursement
for damages incurred to public schools due to the effects of
Hurricane Katrina or Hurricane Rita: Provided further,
That if the facility that houses the charter school is pri-
vately owned, then such facility shall reimburse FEMA for
any improvements or repairs made to the facility that
would not otherwise have been reimbursed by FEMA but
for the existence of the charter school, if such charter school
vacates such facility before the end of 5 years following com-
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pletion of construction and approved inspection by a gov-
ernment entity, unless it is replaced by another charter
school during that 5-year period.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For an additional amount for ‘‘Disaster Assistance Di-
rect Loan Program Account’’ for the cost of direct loans
as authorized under section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5184), $301,000,000, to be used to assist local governments
affected by Hurricane Katrina and other hurricanes of the
2005 season in providing essential services, of which
$1,000,000 is for administrative expenses to carry out the
direct loan program: Provided, That such funds may be
made to subsidize gross obligations for the principal
amount of direct loans not to exceed $400,000,000: Provided
further, That notwithstanding section 417(b) of such Act,
the amount of any such loan issued pursuant to this section
may exceed $5,000,000, and may be equal to not more than
50 percent of the annual operating budget of the local gov-
ernment in any case in which that local government has
suffered a loss of 25 percent or more in tax revenues due
to Hurricane Katrina or Hurricane Rita of 2005: Provided
further, That notwithstanding section 417(c)(1) of such Act,
such loans may not be canceled: Provided further, That the
cost of modifying such loans shall be as defined in section
502 of the Congressional Budget Act of 1974 (2 U.S.C.
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661a): Provided further, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Con-
gress), the concurrent resolution on the budget for fiscal year
2006.
GENERAL PROVISIONS—THIS CHAPTER
FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 2501. The Federal Emergency Management Agen-
cy may provide funds to a State or local government or,
as necessary, assume an existing agreement from such unit
of government, to pay for utility costs resulting from the
provision of temporary housing units to evacuees from Hur-
ricane Katrina and other hurricanes of the 2005 season if
the State or local government has previously arranged to
pay for such utilities on behalf of the evacuees for the term
of any leases, not to exceed 12 months, contracted by or
prior to February 7, 2006: Provided, That the Federal share
of the costs eligible to be paid shall be 100 percent.
NATIONAL FLOOD INSURANCE FUND
SEC. 2502. (a) Title III of Public Law 109–90 (119
Stat. 2079) is amended under the heading ‘‘National Flood
Insurance Fund’’ by striking in the proviso ‘‘$30,000,000’’
and inserting ‘‘such sums as necessary, not to exceed
$1,000,000,000,’’.
(b) The provisions of this section are designated as an
emergency requirement pursuant to section 402 of H. Con.
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Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
HOUSING PILOT PROGRAM
SEC. 2503. Notwithstanding any other provision of
law, the Secretary of Homeland Security shall consider eli-
gible under the Federal Emergency Management Agency In-
dividual Assistance Program the costs sufficient for alter-
native housing pilot programs in the areas hardest hit by
Hurricane Katrina and other hurricanes of the 2005 sea-
son: Provided, That the Secretary of Homeland Security
shall submit for approval a proposal and an expenditure
plan for the alternative housing pilot program to the Com-
mittees on Appropriations of the Senate and House of Rep-
resentatives within forty-five days from the date of enact-
ment of this Act: Provided further, That no State shall host
more than one alternative housing pilot program.
CHAPTER 6
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH AND WILDLIFE SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for nec-
essary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season,
$132,400,000, to remain available until expended: Pro-
vided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section
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402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
NATIONAL PARK SERVICE
HISTORIC PRESERVATION FUND
For an additional amount for ‘‘Historic Preservation
Fund’’ for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 sea-
son, $83,000,000, to remain available until expended: Pro-
vided, That of the funds provided under this heading,
$80,000,000 shall be provided to State historical preserva-
tion officers for grants for disaster relief in areas of Lou-
isiana, Mississippi, and Alabama impacted by Hurricanes
Katrina or Rita: Provided further, That grants shall be for
the preservation, stabilization, rehabilitation, and repair of
historic houses and designated ‘‘Main Street’’ commercial
properties listed in or eligible for the National Register of
Historic Places, for planning and technical assistance: Pro-
vided further, That grants shall only be available for areas
that the President determines to be a major disaster under
section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)) due to Hur-
ricanes Katrina or Rita: Provided further, That individual
grants shall not be subject to a non-Federal matching re-
quirement: Provided further, That no more than 5 percent
of funds provided under this heading for disaster relief
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grants may be used for administrative expenses: Provided
further, That of the amount provided under this heading
for disaster relief grants, $37,500,000 shall be for the State
of Louisiana, $37,500,000 shall be for the State of Mis-
sissippi, and $5,000,000 shall be for the State of Alabama:
Provided further, That the amounts provided under this
heading are designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for nec-
essary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season,
$55,400,000, to remain available until expended: Provided,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’ for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of
the 2005 season and for repayment of advances to other ap-
propriation accounts from which funds were transferred for
such purposes, $10,200,000, to remain available until ex-
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pended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For an additional amount for ‘‘Royalty and Offshore
Minerals Management’’ for necessary expenses related to the
consequences of Hurricane Katrina and other hurricanes of
the 2005 season and for repayment of advances to other ap-
propriation accounts from which funds were transferred for
such purposes, $15,000,000, to remain available until Sep-
tember 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Con-
gress), the concurrent resolution on the budget for fiscal year
2006.
ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For an additional amount for ‘‘Environmental Pro-
grams and Management’’ for necessary expenses related to
the consequences of Hurricane Katrina and other hurri-
canes of the 2005 season, $6,000,000, to remain available
until September 30, 2007: Provided, That the amount pro-
vided under this heading is designated as an emergency re-