[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 721 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 721
To authorize the Secretary of the Army to carry out a program for
ecosystem restoration for the Louisiana Coastal Area, Louisiana.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 6, 2005
Mr. Vitter introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To authorize the Secretary of the Army to carry out a program for
ecosystem restoration for the Louisiana Coastal Area, Louisiana.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION. 1. LOUISIANA COASTAL AREA ECOSYSTEM RESTORATION, LOUISIANA.
(a) In General.--The Secretary may carry out a program for
ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially
in accordance with the report of the Chief of Engineers, dated January
31, 2005.
(b) Priorities.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary shall give priority to--
(A) any portion of the program identified in the
report described in subsection (a) as a critical
restoration feature;
(B) any Mississippi River diversion project that--
(i) protects a major population area of the
Pontchartain, Pearl, Breton Sound, Barataria,
or Terrebonne Basin; and
(ii) produces an environmental benefit to
the coastal area of the State of Louisiana or
the State of Mississippi; and
(C) any barrier island, or barrier shoreline,
project that--
(i) is carried out in conjunction with a
Mississippi River diversion project; and
(ii) protects a major population area.
(c) Non-Federal Share.--
(1) Credit for integral work.--The Secretary shall provide
credit (including in-kind credit) toward the non-Federal share
for the cost of any work carried out by the non-Federal
interest on a project that is part of the program under
subsection (a) if the Secretary determines that the work is
integral to the project.
(2) Carryover of credits.--A credit provided under
paragraph (1) may be carried over between authorized projects
in the Louisiana Coastal Area ecosystem restoration program.
(3) Nongovernmental organizations.--A nongovernmental
organization shall be eligible to contribute all or a portion
of the non-Federal share of the cost of a project under this
section.
(d) Comprehensive Plan.--
(1) In general.--The Secretary, in coordination with the
Governor of the State of Louisiana, shall--
(A) develop a plan for protecting, preserving, and
restoring the coastal Louisiana ecosystem; and
(B) not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter,
submit to Congress the plan, or an update of the plan.
(2) Inclusions.--The comprehensive plan shall include a
description of--
(A) the framework of a long-term program that
provides for the comprehensive protection,
conservation, and restoration of the wetlands,
estuaries (including the Barataria-Terrebonne estuary),
barrier islands, shorelines, and related land and
features of the coastal Louisiana ecosystem, including
protection of a critical resource, habitat, or
infrastructure from the effects of a coastal storm, a
hurricane, erosion, or subsidence;
(B) the means by which a new technology, or an
improved technique, can be integrated into the program
under subsection (a); and
(C) the role of other Federal agencies and programs
in carrying out the program under subsection (a).
(3) Consideration.--In developing the comprehensive plan,
the Secretary shall consider the advisability of integrating
into the program under subsection (a)--
(A) a related Federal or State project carried out
on the date on which the plan is developed;
(B) an activity in the Louisiana Coastal Area; or
(C) any other project or activity identified in--
(i) the Mississippi River and Tributaries
program;
(ii) the Louisiana Coastal Wetlands
Conservation Plan;
(iii) the Louisiana Coastal Zone Management
Plan; or
(iv) the plan of the State of Louisiana
entitled ``Coast 2050: Toward a Sustainable
Coastal Louisiana''.
(e) Task Force.--
(1) Establishment.--There is established a task force to be
known as the ``Coastal Louisiana Ecosystem Protection and
Restoration Task Force'' (referred to in this subsection as the
``Task Force'').
(2) Membership.--The Task Force shall consist of the
following members (or, in the case of the head of a Federal
agency, a designee at the level of Assistant Secretary or an
equivalent level):
(A) The Secretary.
(B) The Secretary of the Interior.
(C) The Secretary of Commerce.
(D) The Administrator of the Environmental
Protection Agency.
(E) The Secretary of Agriculture.
(F) The Secretary of Transportation.
(G) The Secretary of Energy.
(H) The Secretary of Homeland Security.
(I) 3 representatives of the State of Louisiana
appointed by the Governor of that State.
(3) Duties.--The Task Force shall make recommendations to
the Secretary regarding--
(A) policies, strategies, plans, programs,
projects, and activities for addressing conservation,
protection, restoration, and maintenance of the coastal
Louisiana ecosystem;
(B) financial participation by each agency
represented on the Task Force in conserving,
protecting, restoring, and maintaining the coastal
Louisiana ecosystem, including recommendations--
(i) that identify funds from current agency
missions and budgets; and
(ii) for coordinating individual agency
budget requests; and
(C) the comprehensive plan under subsection (d).
(4) Working groups.--The Task Force may establish such
working groups as the Task Force determines to be necessary to
assist the Task Force in carrying out this subsection.
(5) Application of the federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Task Force or any working group of the Task Force.
(f) Mississippi River Gulf Outlet.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a plan for
modifying the Mississippi River Gulf Outlet that addresses--
(A) wetland losses attributable to the Mississippi
River Gulf Outlet;
(B) channel bank erosion;
(C) hurricane storm surges;
(D) saltwater intrusion;
(E) navigation interests; and
(F) environmental restoration.
(2) Report.--If the Secretary determines necessary, the
Secretary, in conjunction with the Chief of Engineers, shall
submit to Congress a report recommending modifications to the
Mississippi River Gulf Outlet, including measures to prevent
the intrusion of saltwater into the Outlet.
(g) Science and Technology.--
(1) In general.--The Secretary shall establish a coastal
Louisiana ecosystem science and technology program.
(2) Purposes.--The purposes of the program established by
paragraph (1) shall be--
(A) to identify any uncertainty relating to the
physical, chemical, geological, biological, and
cultural baseline conditions in coastal Louisiana;
(B) to improve knowledge of the physical, chemical,
geological, biological, and cultural baseline
conditions in coastal Louisiana; and
(C) to identify and develop technologies, models,
and methods to carry out this subsection.
(3) Working groups.--The Secretary may establish such
working groups as the Secretary determines to be necessary to
assist the Secretary in carrying out this subsection.
(4) Contracts and cooperative agreements.--In carrying out
this subsection, the Secretary may enter into a contract or
cooperative agreement with an individual or entity (including a
consortium of academic institutions in Louisiana and
Mississippi) with scientific or engineering expertise in the
restoration of aquatic and marine ecosystems for coastal
restoration and enhancement through science and technology.
(h) Analysis of Benefits.--
(1) In general.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision
of law, in carrying out an activity to conserve, protect,
restore, or maintain the coastal Louisiana ecosystem, the
Secretary may determine that the environmental benefits
provided by the program under this section outweigh the
disadvantage of an activity under this section.
(2) Determination of cost-effectiveness.--If the Secretary
determines that an activity under this section is cost-
effective, no further economic justification for the activity
shall be required.
(i) Apportionment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
non-Federal interest, shall enter into a contract with the
National Academy of Sciences under which the National Academy
of Sciences shall conduct a study.
(2) Identification of causes and sources.--The study under
paragraph (1) shall, to the maximum extent practicable,
identify--
(A) each cause of degradation of the Louisiana
Coastal Area ecosystem that is attributable to an
action by the Secretary;
(B) an apportionment of the sources of such
degradation;
(C) any potential reduction in the amount of
Federal emergency response funds that would occur as a
result of ecosystem restoration in the Louisiana
Coastal Area; and
(D) the reduction in costs associated with
protection and maintenance of infrastructure that is
threatened or damaged as a result of coastal erosion in
Louisiana that would occur as a result of ecosystem
restoration in the Louisiana Coastal Area.
(j) Report.--Not later than July 1, 2006, the Secretary, in
conjunction with the Chief of Engineers, shall submit to Congress a
report describing the features included in table 3 of the report
described in subsection (a).
(k) Project Modifications.--
(1) Review.--The Secretary, in cooperation with any non-
Federal interest, shall review each federally-authorized water
resources project in the coastal Louisiana area in existence on
the date of enactment of this Act to determine whether--
(A) each project is in accordance with the program
under subsection (a); and
(B) the project could contribute to ecosystem
restoration under subsection (a) through modification
of the operations or features of the project.
(2) Public notice and comment.--Before modifying an
operation or feature of a project under paragraph (1)(B), the
Secretary shall provide an opportunity for public notice and
comment.
(3) Report.--
(A) In general.--Before modifying an operation or
feature of a project under paragraph (1)(B), 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 describing the modification.
(B) Inclusion.--A report under paragraph (2)(B)
shall include such information relating to the timeline
and cost of a modification as the Secretary determines
to be relevant.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out modifications
under this subsection $10,000,000.
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