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.