S.Amdt. 730

1. Rewrites page 60, line 23 through page 70, line 13

   ReplacesPrinted page

   Removes page 60, line 23 through page 70, line 13 of the printed bill. See that page

   Inserted: Flood Control and Coastal Emergencies.--For an additional amount for "Flood Control and Coastal Emergencies", as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary expenses relating to the consequences of Hurricanes Katrina and Rita and for other purposes, $2,257,700,000, to remain available until expended: Provided, That $2,000,000,000 of the amount provided may be used by the Secretary of the Army to carry out projects and measures to provide the level of protection necessary to achieve the certification required for the 100-year level of flood protection in accordance with the national flood insurance program under the base flood elevations in existence at the time of construction of the enhancements for the West Bank and Vicinity and Lake Ponchartrain and Vicinity, Louisiana, projects, as described under the heading "Flood Control and Coastal Emergencies", in chapter 3 of Public Law 109-148: Provided further, That $150,000,000 of the amount provided may be used to support emergency operations, repairs and other activities in response to flood, drought and earthquake emergencies as authorized by law: Provided further, That $107,700,000 of the amount provided may be used to implement the projects for hurricane storm damage reduction, flood damage reduction, and ecosystem restoration within Hancock, Harrison, and Jackson Counties, Mississippi substantially in accordance with the Report of the Chief of Engineers dated December 31, 2006, and entitled "Mississippi, Coastal Improvements Program Interim Report, Hancock, Harrison, and Jackson Counties, Mississippi": Provided further, That projects authorized for implementation under this Chief's report shall be carried out at full Federal expense, except that the non-Federal interests shall be responsible for providing any lands, easements, rights-of-way, disposal areas, and relocations required for construction of the project and for all costs associated with operation and maintenance of the project: Provided further, That any project using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation 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.

   Inserted: DEPARTMENT OF INTERIOR.

   Inserted: BUREAU OF RECLAMATION.

   Inserted: WATER AND RELATED RESOURCES.--For an additional amount for "Water and Related Resources", $18,000,000, to remain available until expended for drought assistance: Provided, That drought assistance may be provided under the Reclamation States Drought Emergency Act or other applicable Reclamation authorities to assist drought plagued areas of the West.

   Inserted: SEC. 2301. GENERAL PROVISIONS--THIS CHAPTER.

   Inserted: The Secretary is authorized and directed to reimburse local governments for expenses they 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, provided 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.

   Inserted: Sec. 2302. The limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986, as amended (33 U.S.C. 2280), shall not apply during fiscal year 2008 to any water resources project for which funds were made available during fiscal year 2007.

   Inserted: Sec. 2303.(a) The Secretary of the Army is authorized and directed to utilize funds remaining available for obligation from the amounts appropriated in chapter 3 of Public Law 109-234 under the heading "Flood Control and Coastal Emergencies" for projects in the greater New Orleans metropolitan area to prosecute these projects in a manner which promotes the goal of continuing work at an optimal pace, while maximizing, to the greatest extent practicable, levels of protection to reduce the risk of storm damage to people and property.

   Inserted: (b) The expenditure of funds as provided in subsection (a) may be made without regard to individual amounts or purposes specified in chapter 3 of Public Law 109-234.

   Inserted: (c) Any reallocation of funds that are necessary to accomplish the goal established in subsection (a) are authorized. Reallocation of funds in excess of $250,000,000 or 50 percent, whichever is less, of the individual amounts specified in chapter 3 of Public Law 109-234 require notifications of the House and Senate Committees on Appropriation.

   Inserted: CHAPTER 4--SMALL BUSINESS ADMINISTRATION--DISASTER LOANS PROGRAM ACCOUNT

   Inserted: (INCLUDING TRANSFER OF FUNDS)

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   Inserted: For an additional amount for "Disaster Loans Program Account" for administrative expenses to carry out the disaster loan program, $25,069,000, to remain available until expended, which may be transferred to and merged with "Small Business Administration, Salaries and Expenses".

   Inserted: SEC. 2401. GENERAL PROVISIONS--THIS CHAPTER.

   Inserted: In this section--

   Inserted: (1) the term "Administrator" means the Administrator of the Small Business Administration;

   Inserted: (2) the term "covered small business concern" means a small business concern--

   Inserted: (A) that is located in any area in Louisiana or Mississippi for which the President declared a major disaster because of Hurricane Katrina of 2005 or Hurricane Rita of 2005;

   Inserted: (B) that has not more than 50 full-time employees; and

   Inserted: (C) that--

   Inserted: (i)(I) suffered a substantial economic injury as a result of Hurricane Katrina of 2005 or Hurricane Rita of 2005, because of a reduction in travel or tourism to the area described in subparagraph (A); and

   Inserted: (II) demonstrates that, during the 1-year period ending on August 28, 2005, not less than 45 percent of the revenue of that small business concern resulted from tourism or travel related sales; or

   Inserted: (ii)(I) suffered a substantial economic injury as a result of Hurricane Katrina of 2005 or Hurricane Rita of 2005; and

   Inserted: (II) operates in a parish or county for which the population on the date of enactment of this Act, as determined by the Administrator, is not greater than 75 percent of the population of that parish or county before August 28, 2005, based on the most recent United States population estimate available before August 28, 2005;

   Inserted: (3) the term "major disaster" has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); and

   Inserted: (4) the term "small business concern" has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).

   Inserted: (b) Appropriation.--

   Inserted: (1) In General.--There are appropriated, out of any money in the Treasury not otherwise appropriated, $25,000,000 to the Administrator, which, except as provided in paragraph (2) or (3), shall be used for loans under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) to covered small business concerns.

   Inserted: (2) Administrative Expenses.--Of the amounts made available under paragraph (1), not more than $8,750,000 may be transferred to and merged with "Salaries and Expenses" to carry out the disaster loan program of the Small Business Administration.

   Inserted: (3) Other Uses of Funds.--The Administrator may use amounts made available under paragraph (1) for other purposes authorized for amounts in the "Disaster Loans Program Account" or transfer such amounts to and merge such amounts with "Salaries and Expenses", if--

   Inserted: (A) such amounts are--

   Inserted: (i) not obligated on the later of 5 months after the date of enactment of this Act and August 29, 2007; or

   Inserted: (ii) necessary to provide assistance in the event of a major disaster; and

   Inserted: (B) not later than 5 days before any such use or transfer of amounts, the Administrator provides written notification of such use or transfer to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.

   Inserted: SEC. 2402. OTHER PROGRAMS.

   Inserted: (a) HUBZONES.--Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) in subparagraph (D), by striking "or";

   Inserted: (B) in subparagraph (E), by striking the period at the end and inserting "; or"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(F) an area in which the President has declared 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)) as a result of Hurricane Katrina of August 2005 or Hurricane Rita of September 2005, during the time period described in paragraph (8)."; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(8) Time period.--The time period for the purposes of paragraph (1)(F)--

   Inserted: "(A) shall be the 2-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007; and

   Inserted: "(B) may, at the discretion of the Administrator, be extended to be the 3-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007.".

   Inserted: (b) Relief From Test Program.--Section 711(d) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended--

   Inserted: (1) by striking "The Program" and inserting the following:

   Inserted: "(1) In general.--Except as provided in paragraph (2), the Program"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(2) Exception.--

   Inserted: "(A) In general.--The Program shall not apply to any contract related to relief or reconstruction from Hurricane Katrina of 2005 or Hurricane Rita of 2005 during the time period described in subparagraph (B).

   Inserted: "(B) Time period.--The time period for the purposes of subparagraph (A)--

   Inserted: "(i) shall be the 2-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007; and

   Inserted: "(ii) may, at the discretion of the Administrator, be extended to be the 3-year period beginning on the later of the date of enactment of this paragraph and August 29, 2007.".

   Inserted: CHAPTER 5--DEPARTMENT OF HOMELAND SECURITY--FEDERAL EMERGENCY MANAGEMENT AGENCY

   Inserted: DISASTER RELIEF.

   Inserted: 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.), $3,610,000,000, to remain available until expended.

   Original wording

   Beginning on page 60, strike line 23 and all that follows through page 70, line 13, and insert the following:

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As printed