16 U.S.C. § 3952 : US Code - Section 3952: Priority Louisiana coastal wetlands restoration projects

Search 16 U.S.C. § 3952 : US Code - Section 3952: Priority Louisiana coastal wetlands restoration projects

(a) Priority project list
(1) Preparation of list
Within forty-five days after November 29, 1990, the Secretary
shall convene the Task Force to initiate a process to identify
and prepare a list of coastal wetlands restoration projects in
Louisiana to provide for the long-term conservation of such
wetlands and dependent fish and wildlife populations in order of
priority, based on the cost-effectiveness of such projects in
creating, restoring, protecting, or enhancing coastal wetlands,
taking into account the quality of such coastal wetlands, with
due allowance for small-scale projects necessary to demonstrate
the use of new techniques or materials for coastal wetlands
restoration.
(2) Task Force procedures
The Secretary shall convene meetings of the Task Force as
appropriate to ensure that the list is produced and transmitted
annually to the Congress as required by this subsection. If
necessary to ensure transmittal of the list on a timely basis,
the Task Force shall produce the list by a majority vote of those
Task Force members who are present and voting; except that no
coastal wetlands restoration project shall be placed on the list
without the concurrence of the lead Task Force member that the
project is cost effective and sound from an engineering
perspective. Those projects which potentially impact navigation
or flood control on the lower Mississippi River System shall be
constructed consistent with section 3953 of this title.
(3) Transmittal of list
No later than one year after November 29, 1990, the Secretary
shall transmit to the Congress the list of priority coastal
wetlands restoration projects required by paragraph (1) of this
subsection. Thereafter, the list shall be updated annually by the
Task Force members and transmitted by the Secretary to the
Congress as part of the President's annual budget submission.
Annual transmittals of the list to the Congress shall include a
status report on each project and a statement from the Secretary
of the Treasury indicating the amounts available for expenditure
to carry out this chapter.
(4) List of contents
(A) Area identification; project description. - The list of
priority coastal wetlands restoration projects shall include, but
not be limited to -
(i) identification, by map or other means, of the coastal
area to be covered by the coastal wetlands restoration project;
and
(ii) a detailed description of each proposed coastal wetlands
restoration project including a justification for including
such project on the list, the proposed activities to be carried
out pursuant to each coastal wetlands restoration project, the
benefits to be realized by such project, the identification of
the lead Task Force member to undertake each proposed coastal
wetlands restoration project and the responsibilities of each
other participating Task Force member, an estimated timetable
for the completion of each coastal wetlands restoration
project, and the estimated cost of each project.
(B) Pre-plan. - Prior to the date on which the plan required by
subsection (b) of this section becomes effective, such list shall
include only those coastal wetlands restoration projects that can
be substantially completed during a five-year period commencing
on the date the project is placed on the list.
(C) Subsequent to the date on which the plan required by
subsection (b) of this section becomes effective, such list shall
include only those coastal wetlands restoration projects that
have been identified in such plan.
(5) Funding
The Secretary shall, with the funds made available in
accordance with section 3955 of this title, allocate funds among
the members of the Task Force based on the need for such funds
and such other factors as the Task Force deems appropriate to
carry out the purposes of this subsection.
(b) Federal and State project planning
(1) Plan preparation
The Task Force shall prepare a plan to identify coastal
wetlands restoration projects, in order of priority, based on the
cost-effectiveness of such projects in creating, restoring,
protecting, or enhancing the long-term conservation of coastal
wetlands, taking into account the quality of such coastal
wetlands, with due allowance for small-scale projects necessary
to demonstrate the use of new techniques or materials for coastal
wetlands restoration. Such restoration plan shall be completed
within three years from November 29, 1990.
(2) Purpose of the plan
The purpose of the restoration plan is to develop a
comprehensive approach to restore and prevent the loss of,
coastal wetlands in Louisiana. Such plan shall coordinate and
integrate coastal wetlands restoration projects in a manner that
will ensure the long-term conservation of the coastal wetlands of
Louisiana.
(3) Integration of existing plans
In developing the restoration plan, the Task Force shall seek
to integrate the "Louisiana Comprehensive Coastal Wetlands
Feasibility Study" conducted by the Secretary of the Army and the
"Coastal Wetlands Conservation and Restoration Plan" prepared by
the State of Louisiana's Wetlands Conservation and Restoration
Task Force.
(4) Elements of the plan
The restoration plan developed pursuant to this subsection
shall include -
(A) identification of the entire area in the State that
contains coastal wetlands;
(B) identification, by map or other means, of coastal areas
in Louisiana in need of coastal wetlands restoration projects;
(C) identification of high priority coastal wetlands
restoration projects in Louisiana needed to address the areas
identified in subparagraph (B) and that would provide for the
long-term conservation of restored wetlands and dependent fish
and wildlife populations;
(D) a listing of such coastal wetlands restoration projects,
in order of priority, to be submitted annually, incorporating
any project identified previously in lists produced and
submitted under subsection (a) of this section;
(E) a detailed description of each proposed coastal wetlands
restoration project, including a justification for including
such project on the list;
(F) the proposed activities to be carried out pursuant to
each coastal wetlands restoration project;
(G) the benefits to be realized by each such project;
(H) an estimated timetable for completion of each coastal
wetlands restoration project;
(I) an estimate of the cost of each coastal wetlands
restoration project;
(J) identification of a lead Task Force member to undertake
each proposed coastal wetlands restoration project listed in
the plan;
(K) consultation with the public and provision for public
review during development of the plan; and
(L) evaluation of the effectiveness of each coastal wetlands
restoration project in achieving long-term solutions to
arresting coastal wetlands loss in Louisiana.
(5) Plan modification
The Task Force may modify the restoration plan from time to
time as necessary to carry out the purposes of this section.
(6) Plan submission
Upon completion of the restoration plan, the Secretary shall
submit the plan to the Congress. The restoration plan shall
become effective ninety days after the date of its submission to
the Congress.
(7) Plan evaluation
Not less than three years after the completion and submission
of the restoration plan required by this subsection and at least
every three years thereafter, the Task Force shall provide a
report to the Congress containing a scientific evaluation of the
effectiveness of the coastal wetlands restoration projects
carried out under the plan in creating, restoring, protecting and
enhancing coastal wetlands in Louisiana.
(c) Coastal wetlands restoration project benefits
Where such a determination is required under applicable law, the
net ecological, aesthetic, and cultural benefits, together with the
economic benefits, shall be deemed to exceed the costs of any
coastal wetlands restoration project within the State which the
Task Force finds to contribute significantly to wetlands
restoration.
(d) Consistency
(1) In implementing, maintaining, modifying, or rehabilitating
navigation, flood control or irrigation projects, other than
emergency actions, under other authorities, the Secretary, in
consultation with the Director and the Administrator, shall ensure
that such actions are consistent with the purposes of the
restoration plan submitted pursuant to this section.
(2) At the request of the Governor of the State of Louisiana, the
Secretary of Commerce shall approve the plan as an amendment to the
State's coastal zone management program approved under section 1455
of this title.
(e) Funding of wetlands restoration projects
The Secretary shall, with the funds made available in accordance
with this chapter, allocate such funds among the members of the
Task Force to carry out coastal wetlands restoration projects in
accordance with the priorities set forth in the list transmitted in
accordance with this section. The Secretary shall not fund a
coastal wetlands restoration project unless that project is subject
to such terms and conditions as necessary to ensure that wetlands
restored, enhanced or managed through that project will be
administered for the long-term conservation of such lands and
waters and dependent fish and wildlife populations.
(f) Cost-sharing
(1) Federal share
Amounts made available in accordance with section 3955 of this
title to carry out coastal wetlands restoration projects under
this chapter shall provide 75 percent of the cost of such
projects.
(2) Federal share upon conservation plan approval
Notwithstanding the previous paragraph, if the State develops a
Coastal Wetlands Conservation Plan pursuant to this chapter, and
such conservation plan is approved pursuant to section 3953 of
this title, amounts made available in accordance with section
3955 of this title for any coastal wetlands restoration project
under this section shall be 85 percent of the cost of the
project. In the event that the Secretary, the Director, and the
Administrator jointly determine that the State is not taking
reasonable steps to implement and administer a conservation plan
developed and approved pursuant to this chapter, amounts made
available in accordance with section 3955 of this title for any
coastal wetlands restoration project shall revert to 75 percent
of the cost of the project: Provided, however, that (!1) such
reversion to the lower cost share level shall not occur until the
Governor has been provided notice of, and opportunity for hearing
on, any such determination by the Secretary, the Director, and
Administrator, and the State has been given ninety days from such
notice or hearing to take corrective action.
(3) Form of State share
The share of the cost required of the State shall be from a non-
Federal source. Such State share shall consist of a cash
contribution of not less than 5 percent of the cost of the
project. The balance of such State share may take the form of
lands, easements, or right-of-way, or any other form of in-kind
contribution determined to be appropriate by the lead Task Force
member.
(4) Existing cost-sharing agreements
Paragraphs (1), (2), (3), and (5) of this subsection shall not
affect the existing cost-sharing agreements for the following
projects: Caernarvon Freshwater Diversion, Davis Pond Freshwater
Diversion, and Bonnet Carre Freshwater Diversion.
(5) Federal share in calendar years 1996 and 1997
Notwithstanding paragraphs (1) and (2), upon approval of the
conservation plan under section 3953 of this title and a
determination by the Secretary that a reduction in the non-
Federal share is warranted, amounts made available in accordance
with section 3955 of this title to carry out coastal wetlands
restoration projects under this section in calendar years 1996
and 1997 shall provide 90 percent of the cost of such projects.