(A) hurricane protection; 
(B) flood control; 
(C) coastal and ecosystem restoration; 
(D) storm surge damage reduction; and 
(E) navigation. 
(2) FUTURE DISASTERS.— 
(A) RECOMMENDATIONS.— 
(i) IN GENERAL.—In carrying out the 
demonstration program under paragraph 
(1), the Council shall develop, and submit 
to the Committee on Environment and 
Public Works of the Senate and the Com-
mittee on Transportation and Infrastruc-
ture of the House of Representatives, rec-
ommendations for an emergency strategy 
to repair infrastructure relating to projects 
or components of projects under the com-
prehensive plan and to supplement the au-
thority of the Corps of Engineers under 
any other law, in any area in Louisiana af-
fected by a major disaster or emergency 
declared by the President to exist in ac-
cordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
Assistance Act (42 U.S.C. 5170) during 
the period of the demonstration program. 
(ii) 
REQUIREMENTS.—The 
rec-
ommendations under clause (i) shall— 
(I) be in accordance with the 
comprehensive plan under subsection 
(a); and 
(II) include recommendations or 
modifications regarding priorities of 
the comprehensive plan as the com-
prehensive plan relates to projects or 
components of projects for purposes 
of restoring, repairing, rebuilding, or 
protecting affected disaster areas. 
(B) APPROVAL
PROCESS.—The approval 
process described in paragraph (3)(C)(ii) shall 
apply to recommendations of the Council under 
subparagraph (A), in accordance with para-
graph (3)(C)(iii)(II)(bb). 
(C) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph affects any authority of the 
Corps of Engineers under any other law, includ-
ing section 5 of the Act of August 18, 1941 
(commonly known as the ‘‘Flood Control Act of 
1941’’) (55 Stat. 650; 69 Stat. 186). 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
(3) CORPS OF ENGINEERS STUDIES.— 
(A) IN
GENERAL.—Notwithstanding any 
other law (including regulations), each study of 
the Corps of Engineers in the disaster area au-
thorized pursuant to a study resolution of a 
Committee of Congress during the 20-year pe-
riod beginning on the date of enactment of this 
Act shall be conducted in accordance with the 
demonstration program established under para-
graph (1). 
(B) STUDY REPORTS.—Not later than 18 
months after the date on which a study under 
subparagraph (A) is authorized, the Council 
shall submit to the Committee on Environment 
and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives a report describ-
ing the results of the study and any rec-
ommendations, including modifications, of the 
Council. 
(C) IMPLEMENTATION
OF
RECOMMENDA-
TIONS.— 
(i) IN GENERAL.—The Corps of Engi-
neers shall not implement a report or rec-
ommendation of the Council until the re-
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
port or recommendation is approved in the 
manner of a study resolution by the Com-
mittee on Environment and Public Works 
of the Senate and the Committee on 
Transportation and Infrastructure of the 
House of Representatives under clause (ii). 
(ii) APPROVAL PROCESS.— 
(I) IN GENERAL.—Not later than 
120 days after the date of receipt of 
a recommendation or report describ-
ing the results of a study under sub-
paragraph (B), the Committee on En-
vironment and Public Works of the 
Senate and the Committee on Trans-
portation and Infrastructure of the 
House of Representatives shall deter-
mine whether to adopt a resolution in 
the manner of a study resolution ap-
proving each report or recommenda-
tion submitted by the Council. 
(II) 
ADDITIONAL
INFORMA-
TION.—To facilitate a Committee de-
scribed in subclause (I) in making a 
determination under that subclause, 
the Council may submit to the Com-
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
mittee such additional information re-
lating to a report or recommendation 
of the Council as the Committee may 
request, including information from 
the Corps of Engineers. 
(III) 
RESCISSION
OF
AP-
PROVAL.—If the Corps of Engineers 
fails to begin the implementation of a 
report or recommendation of the 
Council by not later than 1 year after 
the date of approval of the report or 
recommendation, the Committee on 
Environment and Public Works of the 
Senate or the Committee on Trans-
portation and Infrastructure of the 
House of Representatives, by resolu-
tion, may rescind the approval of the 
Committee of the report or rec-
ommendation. 
(iii) PERIOD OF EFFECTIVENESS.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), the approval 
process described in clause (ii) shall 
apply only during the 6-year period 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
beginning on the date of enactment of 
this Act. 
(II) 
EXTENSION.—Notwith-
standing subclause (I), the approval 
process described in clause (ii) shall 
apply with respect to a report or rec-
ommendation of the Council sub-
mitted after the date that is 6 years 
after the date of enactment of this 
Act if— 
(aa) during the 2-year pe-
riod preceding the date on which 
the report or recommendation is 
submitted, a major bill reauthor-
izing water resource programs of 
the United States has not been 
enacted; or 
(bb) a major disaster or 
emergency is declared by the 
President to exist in accordance 
with section 401 of the Robert T. 
Stafford 
Disaster 
Relief 
and 
Emergency Assistance Act (42 
U.S.C. 5170) in any area of 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
southeast Louisiana after that 
date. 
(iv) EFFECT
OF
SUBPARAGRAPH.— 
The approval process described in this sub-
paragraph shall apply only in a case in 
which such an approval process is nec-
essary, as determined by the Committee, 
because of a major disaster or emergency 
declared by the President to exist in ac-
cordance with section 401 of the Robert T. 
Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170) after Au-
gust 1, 2005, that caused a significant loss 
of life or property. 
(v) FEDERAL SHARE.— 
(I) IN
GENERAL.—The Federal 
share of the cost of implementing a 
recommendation of the Council shall 
be— 
(aa) for the period of fiscal 
years 2006 through 2016, 90 
percent; and 
(bb) for the period of fiscal 
years 2017 and thereafter for the 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
life of the demonstration pro-
gram, 85 percent. 
(II) 
RECOMMENDATIONS.—The 
Council may make recommendations 
to reduce or modify the cost share for 
any project or component of a project 
in the comprehensive plan. 
(D) EFFECT OF PARAGRAPH.—In imple-
menting a report or recommendation of the 
Council under this paragraph, the Corps of En-
gineers may waive a requirement under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) only if the Council deter-
mines that— 
(i) an imminent threat to life requires 
the waiver; and 
(ii) the waiver will not result in sig-
nificant environmental damage. 
(c) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
the Council in carrying out this Act. 
SEC. 5. POWERS. 
(a) HEARINGS.—The Council may hold such hear-
ings, meet and act at such times and places, take such 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
testimony, and receive such evidence as the Council con-
siders advisable to carry out this Act. 
(b) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Council may secure di-
rectly from a Federal agency such information as 
the Council considers necessary to carry out this 
Act. 
(2) PROVISION OF INFORMATION.—On request 
of the Chairperson of the Council, the head of the 
agency shall provide the information to the Council. 
(c) POSTAL SERVICES.—The Council may use the 
United States mails in the same manner and under the 
same conditions as other agencies of the Federal Govern-
ment. 
(d) GIFTS.—The Council may accept, use, and dis-
pose of gifts or donations of services or property. 
SEC. 6. COUNCIL PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.— 
(1) NON-FEDERAL EMPLOYEES.—A member of 
the Council who is not an officer or employee of the 
Federal Government shall be compensated at a rate 
equal to the daily equivalent of the annual rate of 
basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day (including travel time) 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
during which the member is engaged in the perform-
ance of the duties of the Council. 
(2) FEDERAL EMPLOYEES.—A member of the 
Council who is an officer or employee of the Federal 
Government shall serve without compensation in ad-
dition to the compensation received for the services 
of the member as an officer or employee of the Fed-
eral Government. 
(b) TRAVEL EXPENSES.—A member of the Council 
shall be allowed travel expenses, including per diem in lieu 
of subsistence, at rates authorized for an employee of an 
agency under subchapter I of chapter 57 of title 5, United 
States Code, while away from the home or regular place 
of business of the member in the performance of the duties 
of the Council. 
(c) DETAIL OF FEDERAL GOVERNMENT EMPLOY-
EES.— 
(1) IN GENERAL.—An employee of the Federal 
Government may be detailed to the Council without 
reimbursement. 
(2) CIVIL SERVICE STATUS.—The detail of the 
employee shall be without interruption or loss of civil 
service status or privilege. 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act, to remain available 
until expended. 
SEC. 8. TERMINATION OF COUNCIL. 
The Council shall terminate on December 31, 2026. 
Æ 
VerDate Aug 31 2005 
00:33 May 24, 2006
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6301
E:\BILLS\H5448.IH
H5448
hmoore on PROD1PC68 with HMBILLS