S.Amdt. 1839

SA 1839. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an
amendment intended to be proposed to amendment SA 1813 submitted by Mr.
Dorgan to the bill H.R. 3183, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2010, and for other purposes; which was ordered to lie on
the table; as follows:

On page 17, between lines 16 and 17, insert the following:

SEC. 1__. PERMANENT PROTECTION SYSTEM IN NEW ORLEANS,
LOUISIANA.

(a) Definitions.--In this section:
(1) Project.--The term ``project'' means the project for
permanent pumps and canal modifications that is--
(A) authorized by the matter under the heading ``General
Projects'' in section 204 of the Flood Control Act of 1965
(Public Law 89-298; 79 Stat. 1077); and
(B) modified by--
(i) the matter under the heading ``flood control and
coastal emergencies (including rescission of funds)'' under
the heading ``Corps of Engineers--Civil'' under the heading
``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF
DEFENSE--CIVIL'' of chapter 3 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 454);
(ii) section 7012(a)(2) of the Water Resources Development
Act of 2007 (Public Law 110-114; 121 Stat. 1279); and
(iii) the matter under the heading ``flood control and
coastal emergencies'' under the heading ``Corps of
Engineers--Civil'' under the heading ``DEPARTMENT OF THE
ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of
chapter 3 of title III of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 122 Stat. 2349).
(2) Report.--The term ``report'' means the report--
(A) entitled ``Report to Congress for Public Law 110-252,
17th Street, Orleans Avenue and London Avenue Canals
Permanent Protection System, Hurricane Protection System, New
Orleans, Louisiana'';
(B) prepared by the Secretary;
(C) dated September 26, 2008; and
(D) revised in December 2008.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(4) State.--The term ``State'' means the State of
Louisiana.
(b) Project Modification.--The project is further modified
to direct the Secretary--
(1) to construct a pump station and optimized diversion
from the 2,500-acre area known as ``Hoey's Basin'' to the
Mississippi River to help reduce storm water flow into the
17th Street canal;
(2) to construct an optimized diversion through the Florida
Avenue canal for discharging water into the Inner Harbor
Navigation Canal;
(3) to construct new, permanent pump stations at or near
the lakefront on the 17th Street, Orleans Avenue, and London
Avenue canals to provide for future flow capacity;
(4) to deepen, widen within each right-of-way in existence
as of the date of enactment of this Act, and line the bottom
and side slopes of the 17th Street, Orleans Avenue, and
London Avenue canals to allow for a gravity flow of storm
water to the pump stations at the lakefront;
(5) to modify or replace bridges that are located in close
proximity or adjacent to the 17th Street, Orleans Avenue, and
London Avenue canals;
(6) to the extent the Secretary determines the action to be
consistent with the safe operation of the project, to remove
the levees and floodwalls in existence as of the date of
enactment of this Act that line each side of the canals
described in paragraph (5) down to the surrounding ground
grade;
(7) to decommission or bypass the interior pump stations of
the Sewerage and Water Board of New Orleans that are located
at each canal described in paragraph (5) to maintain the
water surface differential across the existing pumping
stations until all systems and features are in place to allow
for a fully functional system at a lowered canal water
surface elevation; and
(8) to decommission and remove the interim control
structures that are located at each canal described in
paragraph (5).
(c) Implementation Requirements.--
(1) Duties of secretary.--In carrying out subsection (b),
the Secretary shall--
(A) provide for any investigation, design, and construction
sequencing in a manner consistent with the options identified
as ``Option 2'' and ``Option 2a'', as described in the
report; and
(B) notwithstanding any other provision of law, use
continuing contracts and other agreements to the extent that
the contracts or other agreements would enable the Secretary
to carry out subsection (b) in a shorter period of time than
without the use of the contracts or other agreements.
(2) Funding.--In carrying out subsection (b), the Secretary
shall use amounts made available to modify the 17th Street,
Orleans Avenue, and London Avenue drainage canals and install
pumps and closure structures at or near the lakefront in the
first proviso in--
(A) the matter under the heading ``flood control and
coastal emergencies (including rescission of funds)'' under
the heading ``Corps of Engineers--Civil'' under the heading
``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF
DEFENSE--CIVIL'' of chapter 3 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 454); and

[[Page S8148]]

(B) the second undesignated paragraph under the heading
``flood control and coastal emergencies'' under the heading
``Corps of Engineers--Civil'' under the heading ``DEPARTMENT
OF THE ARMY'' under the heading ``DEPARTMENT OF DEFENSE--
CIVIL'' of chapter 3 of title III of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 122 Stat.
2349).
(3) Non-federal share; liability of state.--As a condition
for the Secretary to initiate the conduct of the project, the
State shall enter into an agreement with the Secretary under
which the State shall agree--
(A) to pay 100 percent of the costs arising from the
operation, maintenance, repair, replacement, and
rehabilitation of each completed component of the project;
and
(B) to hold the United States harmless from any claim or
damage that may arise from carrying out the project except
any claim or damage that may arise from the negligence of the
Federal Government or a contractor of the Federal Government.
______