109th CONGRESS
2d Session
H. R. 4748
To require the Secretary of the Army to submit to Congress a report
identifying activities for hurricane and flood protection in Lake Pontchartrain,
Louisiana, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 14, 2006
Mr. JINDAL introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To require the Secretary of the Army to submit to Congress a report
identifying activities for hurricane and flood protection in Lake Pontchartrain,
Louisiana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Louisiana Emergency Needs Corps of Engineers
Authorization Act of 2006'.
SEC. 2. HURRICANE AND FLOOD PROTECTION, LAKE PONTCHARTRAIN, LOUISIANA.
(a) Report- Not later than 20 days after the date of enactment of this Act,
the Secretary of the Army, acting through the Chief of Engineers (referred
to in this Act as 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--
(1) with respect to the project for hurricane-flood protection on Lake
Pontchartrain, Louisiana, authorized by section 204 of the Flood Control
Act of 1965 (79 Stat. 1077), identifies activities to reconstruct hurricane
and flood protection measures relating to the outfall canals adjacent
to Lake Pontchartrain in the Jefferson and Orleans parishes of the State
of Louisiana that are substantially in accordance with levels of hurricane
and flood protection authorized under Federal law and that are activities
to--
(A) reconstruct and fortify floodwalls adjacent to the canals;
(B) construct at the heads of the canals pumping stations with adequate
pumping capacity, as determined by the Secretary;
(C) install gate-like structures at the heads of the canals; and
(i) seepage from the canals into adjacent property; and
(ii) the undermining of floodwalls improved or reconstructed under
subparagraph (A);
(2) identifies activities to protect, restore, and reduce the risk of
storm damage in coastal areas of the State of Louisiana in which a major
disaster relating to Hurricane Katrina or Hurricane Rita was declared
by the President to exist on or after August 29, 2005, in accordance with
section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170), in accordance with the report transmitted by the
President to the House of Representatives and dated October 28, 2005;
(3) identifies activities to fortify, strengthen, and improve hurricane
protection and flood control infrastructure (including pumping stations)
in existence on or before August 28, 2005, to ensure sustainability and
prevent the failure of the infrastructure under hurricane conditions,
in accordance with predicted area conditions for standard project hurricanes
and located in an area designed to be protected by a hurricane or flood
control project authorized under Federal law; and
(4) identifies any activity included in the report of the Chief of Engineers
dated August 23, 2002 (including supplemental reports), that the Secretary
determines to be integral to the protection of life and property in the
disaster area described in paragraph (2).
(1) IN GENERAL- Absent a resolution of Congress disapproving an activity
identified in the report under subsection (a), the Secretary may implement
the activity beginning on the date that is 30 days after the date on which
the report is submitted.
(2) FEDERAL SHARE- The Federal share of the cost of an activity carried
out under paragraph (1) shall be 100 percent.
(c) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary for each of fiscal years 2006 through 2010--
(1) $1,400,000,000 to carry out activities identified under paragraphs
(1) through (3) of subsection (a); and
(2) $788,000,000 to carry out activities identified under subsection (a)(4).
SEC. 3. COMPENSATION.
(a) In General- Notwithstanding any other provision of law, in acquiring
property or an interest in property to improve, reconstruct, or develop
hurricane and flood protection measures relating to Hurricane Katrina or
Rita, the Secretary shall compensate the owner of the property or interest
without taking into consideration any damage to the property or interest
caused by Hurricane Katrina or Rita.
(b) Adjustment for Payments Made- Notwithstanding subsection (a), the Secretary
may reduce the amount of compensation paid under subsection (a) for property
or an interest in property by the amount of any other payment received by
the owner of the property or interest for damages to that property or interest
as a result of Hurricane Katrina or Rita, including a payment received from--
(1) an insurance claim; or
(2) the Federal Emergency Management Agency.
SEC. 4. EFFECT OF ACT.
Nothing in this Act affects any authority of the Secretary under any other
Federal law.
END
