§ 3952. — Priority Louisiana coastal wetlands restoration projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3952]
TITLE 16--CONSERVATION
CHAPTER 59A--WETLANDS
Sec. 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.
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\1\ So in original. Probably should be capitalized.
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(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.
(Pub. L. 101-646, title III, Sec. 303, Nov. 29, 1990, 104 Stat. 4779;
Pub. L. 104-303, title V, Sec. 532, Oct. 12, 1996, 110 Stat. 3774.)
Amendments
1996--Subsec. (f)(4). Pub. L. 104-303, Sec. 532(1), substituted
``(3), and (5)'' for ``and (3)''.
Subsec. (f)(5). Pub. L. 104-303, Sec. 532(2), added par. (5).
Section Referred to in Other Sections
This section is referred to in section 3953 of this title.
