S.Amdt. 1888Senate111th Congress (2009-2011)2nd degree

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.

Submitted July 29, 2009

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Senate amendment submitted

July 29, 2009

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Senate amendment submitted

July 29, 2009

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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

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Senate amendment agreed to: Amendment SA 1888 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S8253)

July 29, 2009

Floor

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

Floor

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).
______