II 109th CONGRESS 2d Session S. 4111 IN THE SENATE OF THE UNITED STATES December 8, 2006 Ms. Landrieu introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for certain water resources projects in the State of Louisiana.

1.

Short title

This Act may be cited as the Louisiana Water Resources Projects Act of 2006.

2.

Project authorizations

(a)

Projects with Chief’s reports

Except as otherwise provided in this section, the following projects for water resources development and conservation and other purposes are authorized to be carried out by the Secretary of the Army (referred to in this Act as the Secretary) substantially in accordance with the plans, and subject to the conditions, described in the respective reports designated in this section: (1)

Bayou Sorrel Lock, Louisiana

The project for navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief of Engineers dated January 3, 2005, at a total cost of $9,500,000. The costs of construction of the project are to be paid 1/2 from amounts appropriated from the general fund of the Treasury and 1/2 from amounts appropriated from the Inland Waterways Trust Fund. (2)

Morganza to the Gulf of Mexico, Louisiana

(A)

In general

The project for hurricane and storm damage reduction, Morganza to the Gulf of Mexico, Louisiana: Reports of the Chief of Engineers dated August 23, 2002, and July 22, 2003, at a total cost of $841,100,000 with an estimated Federal cost of $546,300,000 and an estimated non-Federal cost of $294,800,000. (B)

Operation and maintenance

The operation, maintenance, repair, rehabilitation, and replacement of the Houma Navigation Canal lock complex and the Gulf Intracoastal Waterway floodgate features that provide for inland waterway transportation shall be a Federal responsibility, in accordance with section 102 of the Water Resources Development Act of 1986 (33 U.S.C. 2212). (b)

Project subject to final report

The project for navigation, Port of Iberia, Louisiana, at a total cost of $204,600,000, with an estimated Federal cost of $129,700,000 and an estimated non-Federal cost of $74,900,000, is authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable report of the Chief is completed not later than December 31, 2006, except that the Secretary, in consultation with Vermillion and Iberia Parishes, Louisiana, is directed to use available dredged material and rock placement on the south bank of the Gulf Intracoastal Waterway and the west bank of the Freshwater Bayou Channel to provide incidental storm surge protection.

3.

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; 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)

Modifications

(1)

In general

In carrying out the program under subsection (a), the Secretary is authorized to make modifications as necessary to the 5 near-term critical ecosystem restoration features identified in the report referred to in subsection (a), due to the impact of Hurricanes Katrina and Rita on the project areas. (2)

Integration

The Secretary shall ensure that the modifications under paragraph (1) are fully integrated with the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247). (3)

Construction

(A)

In general

The Secretary is authorized to construct the projects modified under this subsection. (B)

Reports

(i)

In general

Before beginning construction of the projects, the Secretary shall submit a report documenting any modifications to the 5 near-term projects, including cost changes, to the Louisiana Water Resources Council established by subsection (n)(1) (referred to in this section as the Council) for approval. (ii)

Submission to congress

On approval of a report under clause (i), the Council shall submit the report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (4)

Applicability of other provisions

Section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280) shall not apply to the 5 near-term projects authorized by this section. (d)

Demonstration program

(1)

In general

In carrying out the program under subsection (a), the Secretary is authorized to conduct a demonstration program within the applicable project area to evaluate new technologies and the applicability of the technologies to the program. (2)

Cost limitation

The cost of an individual project under this subsection shall be not more than $25,000,000. (e)

Beneficial use of dredged material

(1)

In general

In carrying out the program under subsection (a), the Secretary is authorized to use such sums as are necessary to conduct a program for the beneficial use of dredged material. (2)

Consideration

In carrying out the program under subsection (a), the Secretary shall consider the beneficial use of sediment from the Illinois River System for wetlands restoration in wetlands-depleted watersheds. (f)

Reports

(1)

In general

Not later than December 31, 2008, the Secretary shall submit to Congress feasibility reports on the features included in table 3 of the report referred to in subsection (a). (2)

Projects identified in reports

(A)

In general

The Secretary shall submit the reports described in paragraph (1) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (B)

Construction

The Secretary shall be authorized to construct the projects identified in the reports at the time the Committees referred to in subparagraph (A) each adopt a resolution approving the project. (g)

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. (h)

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; (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; and (C)ensure that the plan is fully integrated with the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247). (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); (C)the role of other Federal agencies and programs in carrying out the program under subsection (a); and (D)specific, measurable ecological success criteria by which success of the comprehensive plan shall be measured. (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. (i)

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 (h). (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)

Nonapplicability of FACA

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. (j)

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) with scientific or engineering expertise in the restoration of aquatic and marine ecosystems for coastal restoration and enhancement through science and technology. (k)

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. (l)

Studies

(1)

Degradation

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 carry out a study to identify— (A)the cause of any degradation of the Louisiana Coastal Area ecosystem that occurred as a result of an activity approved by the Secretary; and (B)the sources of the degradation. (2)

Financing

On completion, and taking into account the results, of the study conducted under paragraph (1), the Secretary, in consultation with the non-Federal interest, shall study— (A)financing alternatives for the program under subsection (a); and (B)potential reductions in the expenditure of Federal funds in emergency responses that would occur as a result of ecosystem restoration in the Louisiana Coastal Area. (m)

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)

Modifications

Subject to paragraphs (3) and (4), the Secretary may carry out the modifications described in paragraph (1)(B). (3)

Public notice and comment

Before completing the report required under paragraph (4), the Secretary shall provide an opportunity for public notice and comment. (4)

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 subparagraph (A) shall include such information relating to the timeline and cost of a modification as the Secretary determines to be relevant. (5)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $10,000,000. (n)

Louisiana Water Resources Council

(1)

Establishment

There is established within the Mississippi River Commission, a subgroup to be known as the Louisiana Water Resources Council. (2)

Purposes

The purposes of the Council are— (A)to manage and oversee each aspect of the implementation of a system-wide, comprehensive plan for projects of the Corps of Engineers (including the study, planning, engineering, design, and construction of the projects or components of projects and the functions or activities of the Corps of Engineers relating to other projects) that addresses hurricane protection, flood control, ecosystem restoration, storm surge damage reduction, or navigation in the Hurricanes Katrina and Rita disaster areas in the State of Louisiana; and (B)to demonstrate and evaluate a streamlined approach to authorization of water resources projects to be studied, designed, and constructed by the Corps of Engineers. (3)

Membership

(A)

In general

The president of the Mississippi River Commission shall appoint members of the Council, after considering recommendations of the Governor of Louisiana. (B)

Requirements

The Council shall be composed of— (i)2 individuals with expertise in coastal ecosystem restoration, including the interaction of saltwater and freshwater estuaries; and (ii)2 individual with expertise in geology or civil engineering relating to hurricane and flood damage reduction and navigation. (C)

Chairperson

In addition to the members appointed under subparagraph (B), the Council shall be chaired by 1 of the 3 officers of the Corps of Engineers of the Mississippi River Commission. (4)

Duties

With respect to modifications under subsection (c), the Council shall— (A)review and approve or disapprove the reports completed by the Secretary; and (B)on approval, submit the reports to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (5)

Termination

(A)

In general

The Council shall terminate on the date that is 6 years after the date of enactment of this Act. (B)

Effect

Any project modification under subsection (c) that has not been approved by the Council and submitted to Congress by the date described in subparagraph (A) shall not proceed to construction before the date on which the modification is statutorily approved by Congress. (o)

Other projects

(1)

In general

With respect to the projects identified in the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247), the Secretary shall submit a report describing the projects to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (2)

Construction

The Secretary shall be authorized to construct the projects at the time the Committees referred to in paragraph (1) each adopt a resolution approving the project. (p)

Report

(1)

In general

Not later than 6 years after the date of enactment of this Act, 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 evaluating the alternative means of authorizing Corps of Engineers water resources projects under subsections (c)(3), (f)(2), and (o)(2). (2)

Inclusions

The report shall include a description of— (A)the projects authorized and undertaken under this section; (B)the construction status of the projects; and (C)the benefits and environmental impacts of the projects. (3)

External review

The Secretary shall enter into a contract with the National Academy of Science to perform an external review of the demonstration program under subsection (d), which shall be submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (q)

New Orleans and Vicinity

(1)

In general

The Secretary is authorized— (A)to raise levee heights as the Secretary determines to be necessary, and otherwise enhance the Lake Pontchartrain and Vicinity and the West Bank and Vicinity projects of the Corps of Engineers to provide levels of protection necessary to achieve the certification required for participation in the national flood insurance program under the base flood elevations in existence at the time of construction of the enhancements; (B)to modify the 17th Street, Orleans Avenue, and London Avenue drainage canals and install pumps and closure structures at or near the lakefront at Lake Pontchartrain; (C)to armor critical elements of the New Orleans hurricane and storm damage reduction system; (D)to improve and otherwise modify the Inner Harbor Navigation Canal to increase the reliability of the flood protection system for New Orleans; (E)to replace or modify certain non-Federal levees in Plaquemines Parish, Louisiana, to incorporate the levees into the New Orleans to Venice hurricane protection project of the Corps of Engineers; (F)to reinforce or replace flood walls in the existing Lake Pontchartrain and Vicinity and West Bank and Vicinity projects of the Corps of Engineers to improve performance of the systems; (G)to perform 1-time storm-proofing of interior pump stations to ensure the operability of the stations during hurricanes, storms, and high water events; (H)to repair, replace, modify, and improve non-Federal levees and associated protection measures in Terrebonne Parish, Louisiana; (I)to reduce the risk of storm damage to the greater New Orleans metropolitan area by restoring the surrounding wetlands through— (i)measures to reverse wetland losses in areas affected by navigation, oil and gas, and other channels; and (ii)modification of the Caernarvon Freshwater Diversion structure or its operations; and (J)to develop a comprehensive plan to deauthorize deep draft navigation on the Mississippi River Gulf Outlet, Louisiana, extending from the Gulf of Mexico to the Gulf Intracoastal Waterway, on the condition that, in developing the plan, the Secretary shall include options— (i)to deauthorize deep draft navigation; (ii)to discontinue operations and maintenance dredging for deep draft navigation; and (iii)to restore, protect, and preserve the ecosystem surrounding the Mississippi River Gulf Outlet. (2)

Funding

Each activity carried out under paragraph (1) shall be carried out in accordance with the cost-sharing requirements described in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 418). (3)

Conditions

(A)

In general

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 notice in any case in which estimates for the expenditure of funds on any single project or activity described in paragraph (1) exceeds the amount specified for that project or activity in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 418). (B)

Approval required

No appropriation in excess of an amount equal to 25 percent more than the amount specified for a project or activity in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 418) shall be made until an increase in the level of expenditure has been approved by resolutions adopted by the Committees referred to in subparagraph (A). (4)

Report

(A)

In general

Not later than 120 days after the date of enactment of this Act, 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 any modifications to the project for flood damage reduction, Larose to Golden Meadow, Louisiana, necessary to achieve the certification necessary for participation in the national flood insurance program. (B)

Modifications

(i)

In general

The Secretary may carry out a modification recommended in the report under subparagraph (A) if the total cost of the modification does not exceed $90,000,000. (ii)

Funding

No funds shall be available to construct any modification under clause (i) until the report under subparagraph (A) is approved by resolutions adopted by the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (iii)

Excess cost

If the total cost of a modification recommended in the report under subparagraph (A) is greater than $90,000,000, the report shall be considered to be a report on a component area of the larger protection program under the analysis and design of the comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247). (5)

Consolidation

(A)

In general

The Secretary may consolidate the flood damage reduction projects in Lower Jefferson Parish, Louisiana, identified for implementation under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) as of the date of enactment of this Act. (B)

Implementation

The Secretary may implement the projects consolidated under subparagraph (A) if the total cost of implementing the projects does not exceed $100,000,000. (C)

Excess costs

If the total cost of implementing the projects consolidated under subparagraph (A) is greater than $100,000,000, the project for flood control, Lower Jefferson Parish, Louisiana, shall be considered to be a report on a component area of the larger protection program under the analysis and design of the comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247).

4.

Red-Ouachita River basin levees, Arkansas and Louisiana

(a)

In General

Section 204 of the Flood Control Act of 1950 (64 Stat. 170) is amended in the matter under the heading RED-OUACHITA RIVER BASIN by striking at Calion, Arkansas and inserting improvements at Calion, Arkansas (including authorization for the comprehensive flood-control project for Ouachita River and tributaries, incorporating in the project all flood control, drainage, and power improvements in the basin above the lower end of the left bank Ouachita River levee). (b)

Modification

Section 3 of the Act of August 18, 1941 (55 Stat. 642, chapter 377), is amended in the second sentence of subsection (a) in the matter under the heading “LOWER MISSISSIPPI RIVER” by inserting before the period at the end the following: “Provided, That the Ouachita River Levees, Louisiana, authorized by the first section of the Act of May 15, 1928 (45 Stat. 534, chapter 569), shall remain as a component of the Mississippi River and Tributaries Project and afforded operation and maintenance responsibilities as directed in section 3 of that Act (45 Stat. 535)”.

5.

Public access, Atchafalaya Basin Floodway System, Louisiana

(a)

In General

The public access feature of the Atchafalaya Basin Floodway System, Louisiana project, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142), is modified to authorize the Secretary to acquire from willing sellers the fee interest (exclusive of oil, gas, and minerals) of an additional 20,000 acres of land in the Lower Atchafalaya Basin Floodway for the public access feature of the Atchafalaya Basin Floodway System, Louisiana project. (b)

Modification

(1)

In general

Subject to paragraph (2), effective beginning November 17, 1986, the public access feature of the Atchafalaya Basin Floodway System, Louisiana project, is modified to remove the $32,000,000 limitation on the maximum Federal expenditure for the first costs of the public access feature. (2)

First cost

The authorized first cost of $250,000,000 for the total project (as defined in section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142)) shall not be exceeded, except as authorized by section 902 of that Act (100 Stat. 4183). (c)

Technical amendment

Section 315(a)(2) of the Water Resources Development Act of 2000 (114 Stat. 2603) is amended by inserting before the period at the end the following: and may include Eagle Point Park, Jeanerette, Louisiana, as 1 of the alternative sites.

6.

Regional visitor center, Atchafalaya Basin Floodway System, Louisiana

(a)

Project for flood control

Notwithstanding paragraph (3) of the report of the Chief of Engineers dated February 28, 1983 (relating to recreational development in the Lower Atchafalaya Basin Floodway), the Secretary shall carry out the project for flood control, Atchafalaya Basin Floodway System, Louisiana, authorized by chapter IV of title I of the Act of August 15, 1985 (Public Law 99–88; 99 Stat. 313; 100 Stat. 4142). (b)

Visitors center

(1)

In general

The Secretary, acting through the Chief of Engineers and in consultation with the State of Louisiana, shall study, design, and construct a type A regional visitors center in the vicinity of Morgan City, Louisiana. (2)

Cost sharing

(A)

In general

The cost of construction of the visitors center shall be shared in accordance with the recreation cost-share requirement under section 103(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(c)). (B)

Cost of upgrading

The non-Federal share of the cost of upgrading the visitors center from a type B to type A regional visitors center shall be 100 percent. (3)

Agreement

The project under this subsection shall be initiated only after the Secretary and the non-Federal interests enter into a binding agreement under which the non-Federal interests shall— (A)provide any land, easement, right-of-way, or dredged material disposal area required for the project that is owned, claimed, or controlled by— (i)the State of Louisiana (including agencies and political subdivisions of the State); or (ii)any other non-Federal government entity authorized under the laws of the State of Louisiana; (B)pay 100 percent of the cost of the operation, maintenance, repair, replacement, and rehabilitation of the project; and (C)hold the United States free from liability for the construction, operation, maintenance, repair, replacement, and rehabilitation of the project, except for damages due to the fault or negligence of the United States or a contractor of the United States. (4)

Donations

In carrying out the project under this subsection, the Mississippi River Commission may accept the donation of cash or other funds, land, materials, and services from any non-Federal government entity or nonprofit corporation, as the Commission determines to be appropriate.

7.

Calcasieu River and Pass, Louisiana

The project for the Calcasieu River and Pass, Louisiana, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 481), is modified to authorize the Secretary to provide $3,000,000 for each fiscal year, in a total amount of $15,000,000, for such rock bank protection of the Calcasieu River from mile 5 to mile 16 as the Chief of Engineers determines to be advisable to reduce maintenance dredging needs and facilitate protection of valuable disposal areas for the Calcasieu River and Pass, Louisiana.

8.

East Baton Rouge Parish, Louisiana

The project for flood damage reduction and recreation, East Baton Rouge Parish, Louisiana, authorized by section 101(a)(21) of the Water Resources Development Act of 1999 (113 Stat. 277), as amended by section 116 of the Consolidated Appropriations Resolution, 2003 (117 Stat. 140), is modified to authorize the Secretary to carry out the project substantially in accordance with the Report of the Chief of Engineers dated December 23, 1996, and the subsequent Post Authorization Change Report dated December 2004, at a total cost of $178,000,000.

9.

Mississippi River Gulf Outlet relocation assistance, Louisiana

(a)

Port facilities relocation

(1)

Authorization of appropriations

There is authorized to be appropriated $175,000,000, to remain available until expended, to support the relocation of Port of New Orleans deep draft facilities from the Mississippi River Gulf Outlet (referred to in this section as the Outlet), the Gulf Intercoastal Waterway, and the Inner Harbor Navigation Canal to the Mississippi River. (2)

Administration

(A)

In general

Amounts appropriated pursuant to paragraph (1) shall be administered by the Assistant Secretary for Economic Development (referred to in this section as the Assistant Secretary) pursuant to sections 209(c)(2) and 703 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2), 3233). (B)

Requirement

The Assistant Secretary shall make amounts appropriated pursuant to paragraph (1) available to the Port of New Orleans to relocate to the Mississippi River within the State of Louisiana the port-owned facilities that are occupied by businesses in the vicinity that may be impacted due to the treatment of the Outlet under the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247). (b)

Revolving loan fund grants

There is authorized to be appropriated to the Assistant Secretary $185,000,000, to remain available until expended, to provide assistance pursuant to sections 209(c)(2) and 703 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(c)(2), 3233) to 1 or more eligible recipients to establish revolving loan funds to make loans for terms up to 20 years at or below market interest rates (including interest-free loans) to private businesses within the Port of New Orleans that may need to relocate to the Mississippi River within the State of Louisiana due to the treatment of the Outlet under the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247). (c)

Coordination with Secretary

The Assistant Secretary shall ensure that the programs described in subsections (a) and (b) are fully coordinated with the Secretary to ensure that facilities are relocated in a manner that is consistent with the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2247). (d)

Administrative expenses

The Assistant Secretary may use up to 2 percent of the amounts made available under subsections (a) and (b) for administrative expenses.

10.

Red River (J. Bennett Johnston) Waterway, Louisiana

The project for mitigation of fish and wildlife losses, Red River Waterway, Louisiana, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142) and modified by section 4(h) of the Water Resources Development Act of 1988 (102 Stat. 4016), section 102(p) of the Water Resources Development Act of 1990 (104 Stat. 4613), section 301(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3710), and section 316 of the Water Resources Development Act of 2000 (114 Stat. 2604), is further modified— (1)to authorize the Secretary to carry out the project at a total cost of $33,200,000; (2)to permit the purchase of marginal farmland for reforestation (in addition to the purchase of bottomland hardwood); and (3)to incorporate wildlife and forestry management practices to improve species diversity on mitigation land that meets habitat goals and objectives of the Corps of Engineers and the State of Louisiana.

11.

Vidalia Port, Louisiana

The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation improvement at Vidalia, Louisiana.