I 

111TH CONGRESS 

1ST SESSION H. R. 3169 

To require the Secretary of the Army to carry out a study to determine 

the most effective manner by which to carry out the Lake Pontchartrain 

flood control project, to authorize the Secretary of the Army to construct 

a new pumping station at Lake Pontchartrain, Louisiana, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2009 

Mr. SCALISE introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To require the Secretary of the Army to carry out a study 

to determine the most effective manner by which to 

carry out the Lake Pontchartrain flood control project, 

to authorize the Secretary of the Army to construct 

a new pumping station at Lake Pontchartrain, Louisiana, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LAKE PONTCHARTRAIN, LOUISIANA. 

4 (a) AUTHORITY OF SECRETARY OF THE ARMY.—The 

5 project authorized by section 204 of Flood Control Act 

6 of 1965 (Public Law 89–298; 79 Stat. 1077) and modified 


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1 by section 7012(a)(2) of the Water Resources Develop2 ment Act of 2007 (Public Law 110–114; 121 Stat. 1279), 

3 the Emergency Supplemental Appropriations Act for De4 fense, the Global War on Terror, and Hurricane Recovery, 

5 2006 (Public Law 109–234; 120 Stat. 454) and Supple6 mental Appropriations Act, 2008 (Public Law 110–252; 

7 122 Stat. 2350) is further modified to authorize the Sec8 retary of the Army to construct a pumping station that 

9 shall be specifically designed to evacuate storm water from 

10 the area known as Hoey’s Basin, as— 

11 (1) generally described in the report entitled 

12 ‘‘U.S. Army Corps of Engineers Individual Environ13 mental Report #5; Permanent Protection System 

14 for the Outfall Canals project on 17th Street, Orle15 ans Avenue, and London Avenue Canals’’; and 

16 (2) more specifically described under the 

17 ‘‘Pump to the Mississippi River’’ option contained in 

18 the report described in paragraph (1). 

19 (b) AUTHORIZED COST.—The total cost of the 

20 project authorized under subsection (a) shall be 

21 $205,000,000. 

22 (c) FEDERAL SHARE.—The Federal share of the cost 

23 of the project authorized under this Act shall be performed 

24 only in accordance with the Federal cost share provided 

25 for under the Emergency Supplemental Appropriations 


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1 Act for Defense, the Global War on Terror, and Hurricane 

2 Recovery, 2006 (Public Law 109–234; 120 Stat. 454) and 

3 the Supplemental Appropriations Act, 2008 (Public Law 

4 110–252; 122 Stat. 2350). 

5 (d) DEFINITIONS.—In this section: 

6 (1) PROJECT.—The term ‘‘project’’ means the 

7 project for permanent pumps and canal modifica8 tions authorized by section 204 of Flood Control Act 

9 of 1965 (Public Law 89–298; 79 Stat. 1077), modi10 fied by section 7012(a)(2) of the Water Resources 

11 Development Act of 2007 (Public Law 110–114; 

12 121 Stat. 1279), the Emergency Supplemental Ap13 propriations Act for Defense, the Global War on 

14 Terror, and Hurricane Recovery, 2006 (Public Law 

15 109–234; 120 Stat. 454) and the Supplemental Ap16 propriations Act, 2008 (Public Law 110–252; 122 

17 Stat. 2350); and further modified by section (a) of 

18 this Act. 

19 (2) PROJECT REPORT.—The term ‘‘project re20 port’’ means the report— 

21 (A) submitted by the Secretary to Con22 gress; 

23 (B) dated August 30, 2007; and 

24 (C) provided in response to the require25 ments described in section 4303 of the U.S. 


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1 Troop Readiness, Veterans’ Care, Katrina Re2 covery, and Iraq Accountability Appropriations 

3 Act, 2007 (Public Law 110–28; 121 Stat. 154) 

4 as the basis for complying with the require5 ments of— 

6 (i) the project; and 

7 (ii) the modifications to the 17th 

8 Street, Orleans Avenue, and London Ave9 nue canals in and near the city of New Or10 leans carried out under the project. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Army. 

13 (e) DUTIES OF THE SECRETARY.— 

14 (1) STUDY; REPORT.— 

15 (A) STUDY.—Upon enactment of this Act, 

16 the Secretary shall conduct a study under which 

17 the Secretary shall carry out— 

18 (i) an analysis of the residual risks as19 sociated with options 1, 2, and 2a, as de20 scribed in the project report; and 

21 (ii) an independent peer review of the 

22 effectiveness of concept designs and pre23 liminary cost estimates associated with 

24 each option. 


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1 (B) REPORTS.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall submit to the Committee on Appro4 priations of the House of Representatives and 

5 the Committee on Appropriations of the Senate 

6 a report that— 

7 (i) contains the results of the study 

8 conducted under subparagraph (A); and 

9 (ii) identifies the option contained in 

10 the project report that— 

11 (I) is more technically advan12 tageous; 

13 (II) is more effective from an 

14 operational perspective in providing 

15 greater reliability and reducing the 

16 risk of flooding to the New Orleans 

17 area over the long term; and 

18 (III) if implemented, would— 

19 (aa) increase the overall 

20 drainage capacity of the region; 

21 (bb) reduce local flooding to 

22 the greatest extent practicable; 

23 and 

24 (cc) provide the greatest sys25 tem flexibility. 


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1 (2) IMPLEMENTATION.—Effective on the date 

2 on which the Secretary submits the report under 

3 paragraph (1)(B), the Secretary shall resume the 

4 implementation of the project in accordance with the 

5 option selected by the Secretary under the report 

6 and without regard to the funds available, is directed 

7 under this Act to implement the option contained in 

8 the report that is found to be more technically ad9 vantageous and more effective from an operational 

10 perspective in providing greater reliability and reduc11 ing the risk of flooding to the New Orleans area over 

12 the long term. 

Æ 


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