To require the Secretary of the Army to conduct a study of the residual risks associated with the options relating to the project for permanent pumps and closure structures, Lake Pontchartrain, Louisiana.
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Senate amendment submitted
July 29, 2009
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Senate amendment submitted
July 29, 2009
Senate amendment proposed (on the floor): Amendment SA 1888 proposed by Senator Dorgan for Senator Landrieu to Amendment SA 1813.(consideration: CR S8252-8259)
July 29, 2009
Senate amendment agreed to: Amendment SA 1888 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S8253)
July 29, 2009
Amendment SA 1888 proposed by Senator Dorgan for Senator Landrieu to Amendment SA 1813. (consideration: CR S8252-8259) To require the Secretary of the Army to conduct a study of the residual risks associated with the options relating to the project for permanent pumps and closure structures, Lake Pontchartrain, Louisiana.
July 29, 2009
Amendment SA 1888 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S8253)
July 29, 2009
Text
Submitted
SA 1888. 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__. PROJECT FOR PERMANENT PUMPS AND CLOSURE STRUCTURES, LAKE PONTCHARTRAIN, LOUISIANA. (a) Definitions.--In this section: (1) Project.--The term ``project'' means the project for permanent pumps and closure structures at or near the lakefront at Lake Pontchartrain and modifications to the 17th Street, Orleans Avenue, and London Avenue canals in and near the city of New Orleans 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) Pumping station report.--The term ``pumping station report'' means the report-- (A) prepared by the Secretary that contains the results of the investigation required under 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); and (B) dated August 30, 2007. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (b) Study.-- (1) In general.--In implementing the project, not later than 1 year after the date of enactment of this Act, the Secretary shall complete a study of the residual risks associated with the options identified as ``Option 1'', ``Option 2'', and ``Option 2a'', as described in the pumping station report. (2) Requirements.--In carrying out the study under paragraph (1), the Secretary shall identify which option described in that paragraph-- (A) is most technically advantageous; (B) is most effective from an operational perspective in providing the greatest long-term reliability in reducing the risk of flooding to the New Orleans area; and (C) would increase the overall drainage capacity of the region for all types of events. (3) Independent external peer review.-- (A) Duty of secretary.--In accordance with procedures established by the Chief of Engineers, the Secretary shall carry out an independent external peer review of-- (i) the results of the study under paragraph (1); and (ii) each cost estimate completed for each option described in paragraph (1). (B) Report.-- (i) In general.--Not later than 90 days after the date of completion of the independent external peer review under subparagraph (A), in accordance with clause (ii), the Secretary shall submit a report to-- (I) the Committee on Environment and Public Works of the Senate; (II) the Committee on Appropriations of the Senate; (III) the Committee on Transportation and Infrastructure of the House of Representatives; and (IV) the Committee on Appropriations of the House of Representatives. (ii) Contents.--The report described in clause (i) shall contain-- [[Page S8284]] (I) the results of the study described in paragraph (1); and (II) a description of the findings of the independent external peer review carried out under subparagraph (A). (4) Suspension of certain activities.--The Secretary shall suspend each activity of the Secretary that would result in the design and construction of any pumping station covered by the pumping station report unless the activity is consistent with each option described in paragraph (1). (5) Feasibility report.--As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains a feasibility level of analysis (including a cost estimate) for the project, as modified under this subsection. (6) Funding.--In carrying out this subsection, 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 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). ______