[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2903 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2903

 To provide protection, conservation, and restoration of the wetlands, 
   estuaries, barrier islands, and related land and features in the 
             Lousiana coastal area, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2005

Mr. Baker (for himself, Mr. McCrery, Mr. Jefferson, Mr. Alexander, Mr. 
Jindal, Mr. Boustany, and Mr. Melancon) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To provide protection, conservation, and restoration of the wetlands, 
   estuaries, barrier islands, and related land and features in the 
             Lousiana coastal area, 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. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Coastal louisiana ecosystem.--The term ``coastal 
        Louisiana ecosystem'' means the coastal area of Louisiana from 
        the Sabine River on the west and the Pearl River on the east, 
        including those parts of the Deltaic Plain and the Chenier 
        Plain included within the study area of the Plan.
            (2) Governor.--The term ``Governor'' means the Governor of 
        the State of Louisiana.
            (3) Plan.--The term ``Plan'' means the report of the Chief 
        of Engineers for ecosystem restoration for the Louisiana 
        Coastal Area dated January 31, 2005.
            (4) Task force.--The term ``Task Force'' means the Coastal 
        Louisiana Ecosystem Protection and Restoration Task Force 
        established by section 3.

SEC. 2. ADDITIONAL REPORTS.

    (a) Mississippi River Gulf Outlet.--Not later than one year after 
the date of enactment of this Act, the Secretary of the Army shall 
submit to Congress a report recommending modifications to the 
Mississippi River Gulf Outlet to address navigation, salt water 
intrusion, channel bank erosion, mitigation, and threats to life and 
property.
    (b) Barataria-Terrebone Estuary.--Not later than July 1, 2006, the 
Secretary shall submit to Congress a report recommending a plan to 
restore the Barataria-Terrebonne Estuary, Louisiana.
    (c) Chenier Plain.--Not later than July 1, 2006, the Secretary 
shall submit to Congress a report recommending near-term ecosystem 
restoration measures for the Chenier Plain, Louisiana.
    (d) Long-Term Plan.--
            (1) Comprehensive framework.--Not later than one year after 
        the date of enactment of this section, the Secretary shall 
        submit to Congress a recommended framework for developing a 
        long-term program that provides for the comprehensive 
        protection, conservation, and restoration of the wetlands, 
        estuaries, barrier islands, and related land and features that 
        protect critical resources, habitat, and infrastructure in the 
        coastal Louisiana ecosystem from the impacts of coastal storms, 
        hurricanes, erosion, and subsidence.
            (2) Consideration.--In developing the recommended 
        framework, the Secretary shall consider integrating other 
        Federal or State projects or activities within the coastal 
        Louisiana ecosystem into the long-term restoration program.
            (3) Comprehensive plan.--
                    (A) Deadline.--Not later than five years after the 
                date of enactment of this Act, the Secretary shall 
                submit to Congress a feasibility study recommending a 
                comprehensive, long-term, plan for the protection, 
                conservation, and restoration of the coastal Louisiana 
                ecosystem.
                    (B) Integration.--The comprehensive, long-term, 
                plan shall include recommendations for the integration 
                of ongoing Federal and State projects and activities, 
                including projects and activities being carried out 
                under the Coastal Wetlands Planning, Protection and 
                Restoration Act (16 U.S.C. 3951 et seq.), the Louisiana 
                coastal wetlands conservation plan, the Louisiana 
                coastal zone management plan, and the plan of the State 
                of Louisiana entitled ``Coast 2050: Toward a 
                Sustainable Coastal Louisiana''.

SEC. 3. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND RESTORATION TASK 
              FORCE.

    (a) Establishment and Membership.--There is established the Coastal 
Louisiana Ecosystem Protection and Restoration Task Force, which 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):
            (1) The Secretary of the Army.
            (2) The Secretary of the Interior.
            (3) The Secretary of Commerce.
            (4) The Administrator of the Environmental Protection 
        Agency.
            (5) The Secretary of Agriculture.
            (6) The Secretary of Transportation.
            (7) The Secretary of Energy.
            (8) The Director of the Federal Emergency Management 
        Agency.
            (9) The Commandant of the Coast Guard.
            (10) The Coastal Advisor to the Governor.
            (11) The Secretary of the Louisiana Department of Natural 
        Resources.
            (12) A representative of the Louisiana Governor's Advisory 
        Commission on Coastal Restoration and Conservation.
    (b) Duties of Task Force.--The Task Force shall--
            (1) make recommendations to the Secretary of the Army 
        regarding policies, strategies, plans, programs, projects, and 
        activities for addressing protection, conservation, and 
        restoration of the coastal Louisiana ecosystem;
            (2) prepare financial plans for each of the agencies 
        represented on the Task Force for funds proposed for the 
        protection, conservation, and restoration of the coastal 
        Louisiana ecosystem under authorities of each agency, 
        including--
                    (A) recommendations that identify funds from 
                current agency missions and budgets; and
                    (B) recommendations for coordinating individual 
                agency budget requests; and
            (3) submit to Congress a biennial report that summarizes 
        the activities of the Task Force and progress towards the 
        purposes set forth in section 2(d)(1).
    (c) Procedures and Advice.--The Task Force shall--
            (1) implement procedures to facilitate public participation 
        with regard to Task Force activities, including--
                    (A) providing advance notice of meetings;
                    (B) providing adequate opportunity for public input 
                and comment;
                    (C) maintaining appropriate records; and
                    (D) making a record of proceedings available for 
                public inspection; and
            (2) establish such working groups as are necessary to 
        assist the Task Force in carrying out its duties.
    (d) Compensation.--Members of the Task Force or any associated 
working group may not receive compensation for their services as 
members of the Task Force or working group.
    (e) Travel Expenses.--Travel expenses incurred by members of the 
Task Force, or members of an associated working group, in the 
performance of their service on the Task Force or working group shall 
be paid by the agency or entity that the member represents.

SEC. 4. INVESTIGATIONS.

    (a) In General.--The Secretary of the Army shall conduct 
feasibility studies for future authorization and large-scale studies 
substantially in accordance with the Plan at a total cost $130,000,000.
    (b) Existing Federally Authorized Water Resources Projects.--
            (1) In general.--The Secretary shall review existing 
        federally authorized water resources projects in the coastal 
        Louisiana ecosystem in order to determine their consistency 
        with the purposes of this section and whether the projects have 
        the potential to contribute to ecosystem restoration through 
        revised operations or modified project features.
            (2) Funding.--There is authorized to be appropriated 
        $10,000,000 to carry out this subsection.

SEC. 5. CONSTRUCTION.

    (a) Coastal Louisiana Ecosystem Program.--
            (1) In general.--The Secretary of the Army shall carry out 
        a coastal Louisiana ecosystem program substantially in 
        accordance with the Plan, at a total cost of $50,000,000.
            (2) Objectives.--The objectives of the program shall be 
        to--
                    (A) identify uncertainties about the physical, 
                chemical, geological, biological, and cultural baseline 
                conditions in the coastal Louisiana ecosystem;
                    (B) improve the State of knowledge of the physical, 
                chemical, geological, biological, and cultural baseline 
                conditions in the coastal Louisiana ecosystem; and
                    (C) identify and develop technologies, models, and 
                methods that could be useful in carrying out the 
                purposes of this Act.
            (3) Working groups.--The Secretary may establish such 
        working groups as are necessary to assist in carrying out this 
        subsection.
            (4) Procedures and advice.--In carrying out this 
        subsection, the Secretary is authorized to enter into contracts 
        and cooperative agreements with scientific and engineering 
        experts in the restoration of aquatic and marine ecosystems, 
        including a consortium of academic institutions in Louisiana 
        and Mississippi for coastal restoration and enhancement through 
        science and technology.
    (b) Demonstration Projects.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary may carry out projects substantially in accordance 
        with the Plan for the purpose of resolving critical areas of 
        scientific or technological uncertainty related to the 
        implementation of the comprehensive plan to be developed under 
        section 2(d)(3).
            (2) Maximum cost.--
                    (A) Total cost.--The total cost for planning, 
                design, and construction of all demonstration projects 
                under this subsection shall not exceed $100,000,000.
                    (B) Individual project.--The total cost of an 
                individual demonstration project under this subsection 
                shall not exceed $25,000,000.
    (c) Initial Projects.--The Secretary is authorized to carry out the 
following projects substantially in accordance with the Plan:
            (1) Mississippi River Gulf Outlet Environmental Restoration 
        at a total cost of $105,300,000.
            (2) Small Diversion at Hope Canal at a total cost of 
        $68,600,000.
            (3) Barataria Basin Barrier Shoreline Restoration at a 
        total cost of $242,600,000.
            (4) Small Bayou Lafourche Reintroduction at a total cost of 
        $133,500,000.
            (5) Medium Diversion at Myrtle Grove with Dedicated 
        Dredging at a total cost of $278,300,000.
    (d) Beneficial Use of Dredged Material.--The Secretary shall 
implement in the coastal Louisiana ecosystem substantially in 
accordance with the Plan a program for the beneficial use of material 
dredged from federally maintained waterways at a total cost of 
$100,000,000.

SEC. 6. NON-FEDERAL COST SHARE.

    (a) Credit.--The Secretary of the Army shall credit toward the non-
Federal share of the cost of a project authorized by section 5(c) the 
cost of work carried out in the coastal Louisiana ecosystem by the non-
Federal interest before the date of the partnership agreement for the 
project if the Secretary determines that the work is integral to the 
project.
    (b) Treatment of Credit Between Projects.--Any credit provided 
under this section toward the non-Federal share of the cost of a 
project authorized by section 5(c) may be applied toward the non-
Federal share of the cost of any other project authorized by section 
5(c).
    (c) Periodic Monitoring.--
            (1) In general.--To ensure that the contributions of the 
        non-Federal interest equal the non-Federal share of the cost of 
        a project authorized by section 5(c), during each 5-year period 
        beginning after the date of commencement of construction of the 
        first project under section 5(c), the Secretary shall--
                    (A) monitor the non-Federal provision for each 
                project authorized by section 5(c) of cash, in-kind 
                services and materials, and land, easements, rights-of-
                way, relocations, and disposal areas; and
                    (B) manage, to the extent practicable, the 
                requirement of the non-Federal interest to provide for 
                each such project cash, in-kind services and materials, 
                and land, easements, rights-of-way, relocations, and 
                disposal areas.
            (2) Other monitoring.--The Secretary shall conduct 
        monitoring separately for the construction phase, the 
        preconstruction engineering and design phase, and the planning 
        phase for each project authorized on or after date of enactment 
        of this Act for all or any portion of the coastal Louisiana 
        ecosystem (including each project authorized by section 5(c)).
    (d) Audits.--Credit for land, easements, rights-of-way, 
relocations, and disposal areas (including land value and incidental 
costs) provided under this section, and the cost of work provided under 
this section, shall be subject to audit by the Secretary.

SEC. 7. PROJECT JUSTIFICATION.

    (a) 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 any project or activity authorized by or under this Act or 
any other provision of law to protect, conserve, and restore the 
coastal Louisiana ecosystem, the Secretary of the Army may determine 
that--
            (1) the project or activity is justified by the 
        environmental benefits derived by the coastal Louisiana 
        ecosystem; and
            (2) no further economic justification for the project or 
        activity is required if the Secretary determines that the 
        project or activity is cost effective.
    (b) Limitation on Applicability.--Subsection (a) shall not apply to 
any separable element intended to produce benefits that are 
predominantly unrelated to the protection, conservation, and 
restoration of the coastal Louisiana ecosystem.

SEC. 8. STATUTORY CONSTRUCTION.

    (a) Existing Authority.--Except as otherwise provided in this Act, 
nothing in this Act affects any authority in effect on the date of 
enactment of this Act, or any requirement relating to the participation 
in protection, conservation, and restoration projects and activities in 
the coastal Louisiana ecosystem, including projects and activities 
referred to in subsection (a) of--
            (1) the Department of the Army;
            (2) the Department of the Interior;
            (3) the Department of Commerce;
            (4) the Environmental Protection Agency;
            (5) the Department of Agriculture;
            (6) the Department of Transportation;
            (7) the Department of Energy;
            (8) the Federal Emergency Management Agency;
            (9) the Coast Guard; and
            (10) the State of Louisiana.
    (b) New Authority.--Nothing in this Act confers any new regulatory 
authority on any Federal or non-Federal entity that carries out any 
project or activity authorized by or under this Act.
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