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, Lou-
isiana, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
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by section 7012(a)(2) of the Water Resources Develop-
ment Act of 2007 (Public Law 110–114; 121 Stat. 1279), 
the Emergency Supplemental Appropriations Act for De-
fense, the Global War on Terror, and Hurricane Recovery, 
2006 (Public Law 109–234; 120 Stat. 454) and Supple-
mental Appropriations Act, 2008 (Public Law 110–252; 
122 Stat. 2350) is further modified to authorize the Sec-
retary 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 Environ-
mental Report #5; Permanent Protection System 
for the Outfall Canals project on 17th Street, Orle-
ans 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 
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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 modifica-
tions authorized by section 204 of Flood Control Act 
of 1965 (Public Law 89–298; 79 Stat. 1077), modi-
fied by section 7012(a)(2) of the Water Resources 
Development Act of 2007 (Public Law 110–114; 
121 Stat. 1279), the Emergency Supplemental Ap-
propriations Act for Defense, the Global War on 
Terror, and Hurricane Recovery, 2006 (Public Law 
109–234; 120 Stat. 454) and the Supplemental Ap-
propriations Act, 2008 (Public Law 110–252; 122 
Stat. 2350); and further modified by section (a) of 
this Act. 
(2) PROJECT REPORT.—The term ‘‘project re-
port’’ means the report— 
(A) submitted by the Secretary to Con-
gress; 
(B) dated August 30, 2007; and 
(C) provided in response to the require-
ments described in section 4303 of the U.S. 
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Troop Readiness, Veterans’ Care, Katrina Re-
covery, and Iraq Accountability Appropriations 
Act, 2007 (Public Law 110–28; 121 Stat. 154) 
as the basis for complying with the require-
ments of— 
(i) the project; and 
(ii) the modifications to the 17th 
Street, Orleans Avenue, and London Ave-
nue canals in and near the city of New Or-
leans 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 as-
sociated with options 1, 2, and 2a, as de-
scribed in the project report; and 
(ii) an independent peer review of the 
effectiveness of concept designs and pre-
liminary cost estimates associated with 
each option. 
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(B) REPORTS.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall submit to the Committee on Appro-
priations 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 advan-
tageous; 
(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 sys-
tem flexibility. 
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(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 ad-
vantageous and more effective from an operational 
perspective in providing greater reliability and reduc-
ing the risk of flooding to the New Orleans area over 
the long term. 
Æ 
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