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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3169 Introduced in House (IH)]

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.

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

SECTION 1. LAKE PONTCHARTRAIN, LOUISIANA.

    (a) Authority of Secretary of the Army.--The project authorized by 
section 204 of Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 
1077) and modified by section 7012(a)(2) of the Water Resources 
Development Act of 2007 (Public Law 110-114; 121 Stat. 1279), the 
Emergency Supplemental Appropriations Act for Defense, the Global War 
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 
454) and Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 
Stat. 2350) is further modified to authorize the Secretary of the Army 
to construct a pumping station that shall be specifically designed to 
evacuate storm water from the area known as Hoey's Basin, as--
            (1) generally described in the report entitled ``U.S. Army 
        Corps of Engineers Individual Environmental Report #5; 
        Permanent Protection System for the Outfall Canals project on 
        17th Street, Orleans Avenue, and London Avenue Canals''; and
            (2) more specifically described under the ``Pump to the 
        Mississippi River'' option contained in the report described in 
        paragraph (1).
    (b) Authorized Cost.--The total cost of the project authorized 
under subsection (a) shall be $205,000,000.
    (c) Federal Share.--The Federal share of the cost of the project 
authorized under this Act shall be performed only in accordance with 
the Federal cost share provided for under the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109-234; 120 Stat. 454) and the Supplemental 
Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2350).
    (d) Definitions.--In this section:
            (1) Project.--The term ``project'' means the project for 
        permanent pumps and canal modifications authorized by section 
        204 of Flood Control Act of 1965 (Public Law 89-298; 79 Stat. 
        1077), modified by section 7012(a)(2) of the Water Resources 
        Development Act of 2007 (Public Law 110-114; 121 Stat. 1279), 
        the Emergency Supplemental Appropriations Act for Defense, the 
        Global War on Terror, and Hurricane Recovery, 2006 (Public Law 
        109-234; 120 Stat. 454) and the Supplemental Appropriations 
        Act, 2008 (Public Law 110-252; 122 Stat. 2350); and further 
        modified by section (a) of this Act.
            (2) Project report.--The term ``project report'' means the 
        report--
                    (A) submitted by the Secretary to Congress;
                    (B) dated August 30, 2007; and
                    (C) provided in response to the requirements 
                described in section 4303 of the U.S. Troop Readiness, 
                Veterans' Care, Katrina Recovery, and Iraq 
                Accountability Appropriations Act, 2007 (Public Law 
                110-28; 121 Stat. 154) as the basis for complying with 
                the requirements of--
                            (i) the project; and
                            (ii) the modifications to the 17th Street, 
                        Orleans Avenue, and London Avenue canals in and 
                        near the city of New Orleans carried out under 
                        the project.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (e) Duties of the Secretary.--
            (1) Study; report.--
                    (A) Study.--Upon enactment of this Act, the 
                Secretary shall conduct a study under which the 
                Secretary shall carry out--
                            (i) an analysis of the residual risks 
                        associated with options 1, 2, and 2a, as 
                        described in the project report; and
                            (ii) an independent peer review of the 
                        effectiveness of concept designs and 
                        preliminary cost estimates associated with each 
                        option.
                    (B) Reports.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                submit to the Committee on Appropriations of the House 
                of Representatives and the Committee on Appropriations 
                of the Senate a report that--
                            (i) contains the results of the study 
                        conducted under subparagraph (A); and
                            (ii) identifies the option contained in the 
                        project report that--
                                    (I) is more technically 
                                advantageous;
                                    (II) is more effective from an 
                                operational perspective in providing 
                                greater reliability and reducing the 
                                risk of flooding to the New Orleans 
                                area over the long term; and
                                    (III) if implemented, would--
                                            (aa) increase the overall 
                                        drainage capacity of the 
                                        region;
                                            (bb) reduce local flooding 
                                        to the greatest extent 
                                        practicable; and
                                            (cc) provide the greatest 
                                        system flexibility.
            (2) Implementation.--Effective on the date on which the 
        Secretary submits the report under paragraph (1)(B), the 
        Secretary shall resume the implementation of the project in 
        accordance with the option selected by the Secretary under the 
        report and without regard to the funds available, is directed 
        under this Act to implement the option contained in the report 
        that is found to be more technically advantageous and more 
        effective from an operational perspective in providing greater 
        reliability and reducing the risk of flooding to the New 
        Orleans area over the long term.
                                 <all>
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