§ 3953. — Louisiana coastal wetlands conservation planning.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3953]
TITLE 16--CONSERVATION
CHAPTER 59A--WETLANDS
Sec. 3953. Louisiana coastal wetlands conservation planning
(a) Development of conservation plan
(1) Agreement
The Secretary, the Director, and the Administrator are directed
to enter into an agreement with the Governor, as set forth in
paragraph (2) of this subsection, upon notification of the
Governor's willingness to enter into such agreement.
(2) Terms of agreement
(A) Upon receiving notification pursuant to paragraph (1) of
this subsection, the Secretary, the Director, and the Administrator
shall promptly enter into an agreement (hereafter in this section
referred to as the ``agreement'') with the State under the terms set
forth in subparagraph (B) of this paragraph.
(B) The agreement shall--
(i) set forth a process by which the State agrees to
develop, in accordance with this section, a coastal wetlands
conservation plan (hereafter in this section referred to as the
``conservation plan'');
(ii) designate a single agency of the State to develop the
conservation plan;
(iii) assure an opportunity for participation in the
development of the conservation plan, during the planning
period, by the public and by Federal and State agencies;
(iv) obligate the State, not later than three years after
the date of signing the agreement, unless extended by the
parties thereto, to submit the conservation plan to the
Secretary, the Director, and the Administrator for their
approval; and
(v) upon approval of the conservation plan, obligate the
State to implement the conservation plan.
(3) Grants and assistance
Upon the date of signing the agreement--
(A) the Administrator shall, in consultation with the
Director, with the funds made available in accordance with
section 3955 of this title, make grants during the development
of the conservation plan to assist the designated State agency
in developing such plan. Such grants shall not exceed 75 percent
of the cost of developing the plan; and
(B) the Secretary, the Director, and the Administrator shall
provide technical assistance to the State to assist it in the
development of the plan.
(b) Conservation plan goal
If a conservation plan is developed pursuant to this section, it
shall have a goal of achieving no net loss of wetlands in the coastal
areas of Louisiana as a result of development activities initiated
subsequent to approval of the plan, exclusive of any wetlands gains
achieved through implementation of section 3952 of this title.
(c) Elements of conservation plan
The conservation plan authorized by this section shall include--
(1) identification of the entire coastal area in the State that
contains coastal wetlands;
(2) designation of a single State agency with the responsibility
for implementing and enforcing the plan;
(3) identification of measures that the State shall take in
addition to existing Federal authority to achieve a goal of no net
loss of wetlands as a result of development activities, exclusive of
any wetlands gains achieved through implementation of section 3952
of this title;
(4) a system that the State shall implement to account for gains
and losses of coastal wetlands within coastal areas for purposes of
evaluating the degree to which the goal of no net loss of wetlands
as a result of development activities in such wetlands or other
waters has been attained;
(5) satisfactory assurances that the State will have adequate
personnel, funding, and authority to implement the plan;
(6) a program to be carried out by the State for the purpose of
educating the public concerning the necessity to conserve wetlands;
(7) a program to encourage the use of technology by persons
engaged in development activities that will result in negligible
impact on wetlands; and
(8) a program for the review, evaluation, and identification of
regulatory and nonregulatory options that will be adopted by the
State to encourage and assist private owners of wetlands to continue
to maintain those lands as wetlands.
(d) Approval of conservation plan
(1) In general
If the Governor submits a conservation plan to the Secretary,
the Director, and the Administrator for their approval, the
Secretary, the Director, and the Administrator shall, within one
hundred and eighty days following receipt of such plan, approve or
disapprove it.
(2) Approval criteria
The Secretary, the Director, and the Administrator shall approve
a conservation plan submitted by the Governor, if they determine
that--
(A) the State has adequate authority to fully implement all
provisions of such a plan;
(B) such a plan is adequate to attain the goal of no net
loss of coastal wetlands as a result of development activities
and complies with the other requirements of this section; and
(C) the plan was developed in accordance with terms of the
agreement set forth in subsection (a) of this section.
(e) Modification of conservation plan
(1) Noncompliance
If the Secretary, the Director, and the Administrator determine
that a conservation plan submitted by the Governor does not comply
with the requirements of subsection (d) of this section, they shall
submit to the Governor a statement explaining why the plan is not in
compliance and how the plan should be changed to be in compliance.
(2) Reconsideration
If the Governor submits a modified conservation plan to the
Secretary, the Director, and the Administrator for their
reconsideration, the Secretary, the Director, and Administrator
shall have ninety days to determine whether the modifications are
sufficient to bring the plan into compliance with requirements of
subsection (d) of this section.
(3) Approval of modified plan
If the Secretary, the Director, and the Administrator fail to
approve or disapprove the conservation plan, as modified, within the
ninety-day period following the date on which it was submitted to
them by the Governor, such plan, as modified, shall be deemed to be
approved effective upon the expiration of such ninety-day period.
(f) Amendments to conservation plan
If the Governor amends the conservation plan approved under this
section, any such amended plan shall be considered a new plan and shall
be subject to the requirements of this section; except that minor
changes to such plan shall not be subject to the requirements of this
section.
(g) Implementation of conservation plan
A conservation plan approved under this section shall be implemented
as provided therein.
(h) Federal oversight
(1) Initial report to Congress
Within one hundred and eighty days after entering into the
agreement required under subsection (a) of this section, the
Secretary, the Director, and the Administrator shall report to the
Congress as to the status of a conservation plan approved under this
section and the progress of the State in carrying out such a plan,
including and \1\ accounting, as required under subsection (c) of
this section, of the gains and losses of coastal wetlands as a
result of development activities.
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\1\ So in original. Probably should be ``an''.
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(2) Report to Congress
Twenty-four months after the initial one hundred and eighty day
period set forth in paragraph (1), and at the end of each twenty-
four-month period thereafter, the Secretary, the Director, and the
Administrator shall, report to the Congress on the status of the
conservation plan and provide an evaluation of the effectiveness of
the plan in meeting the goal of this section.
(Pub. L. 101-646, title III, Sec. 304, Nov. 29, 1990, 104 Stat. 4783.)
Section Referred to in Other Sections
This section is referred to in section 3952 of this title.
