[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 721 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 721

   To authorize the Secretary of the Army to carry out a program for 
    ecosystem restoration for the Louisiana Coastal Area, Louisiana.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2005

  Mr. Vitter introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of the Army to carry out a program for 
    ecosystem restoration for the Louisiana Coastal Area, Louisiana.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. 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 or 
                        the State of Mississippi; 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) Non-Federal Share.--
            (1) Credit for integral work.--The Secretary shall provide 
        credit (including in-kind credit) toward the non-Federal share 
        for the cost of any work carried out by the non-Federal 
        interest on a project that is part of the program under 
        subsection (a) if the Secretary determines that the work is 
        integral to the project.
            (2) Carryover of credits.--A credit provided under 
        paragraph (1) may be carried over between authorized projects 
        in the Louisiana Coastal Area ecosystem restoration program.
            (3) 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.
    (d) 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; and
                    (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.
            (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); and
                    (C) the role of other Federal agencies and programs 
                in carrying out the program under subsection (a).
            (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''.
    (e) 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 (d).
            (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) Application of the federal advisory committee act.--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.
    (f) Mississippi River Gulf Outlet.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall develop a plan for 
        modifying the Mississippi River Gulf Outlet that addresses--
                    (A) wetland losses attributable to the Mississippi 
                River Gulf Outlet;
                    (B) channel bank erosion;
                    (C) hurricane storm surges;
                    (D) saltwater intrusion;
                    (E) navigation interests; and
                    (F) environmental restoration.
            (2) Report.--If the Secretary determines necessary, the 
        Secretary, in conjunction with the Chief of Engineers, shall 
        submit to Congress a report recommending modifications to the 
        Mississippi River Gulf Outlet, including measures to prevent 
        the intrusion of saltwater into the Outlet.
    (g) 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 and 
        Mississippi) with scientific or engineering expertise in the 
        restoration of aquatic and marine ecosystems for coastal 
        restoration and enhancement through science and technology.
    (h) 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.
    (i) Apportionment.--
            (1) In general.--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 conduct a study.
            (2) Identification of causes and sources.--The study under 
        paragraph (1) shall, to the maximum extent practicable, 
        identify--
                    (A) each cause of degradation of the Louisiana 
                Coastal Area ecosystem that is attributable to an 
                action by the Secretary;
                    (B) an apportionment of the sources of such 
                degradation;
                    (C) any potential reduction in the amount of 
                Federal emergency response funds that would occur as a 
                result of ecosystem restoration in the Louisiana 
                Coastal Area; and
                    (D) the reduction in costs associated with 
                protection and maintenance of infrastructure that is 
                threatened or damaged as a result of coastal erosion in 
                Louisiana that would occur as a result of ecosystem 
                restoration in the Louisiana Coastal Area.
    (j) Report.--Not later than July 1, 2006, the Secretary, in 
conjunction with the Chief of Engineers, shall submit to Congress a 
report describing the features included in table 3 of the report 
described in subsection (a).
    (k) 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) Public notice and comment.--Before modifying an 
        operation or feature of a project under paragraph (1)(B), the 
        Secretary shall provide an opportunity for public notice and 
        comment.
            (3) 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 paragraph (2)(B) 
                shall include such information relating to the timeline 
                and cost of a modification as the Secretary determines 
                to be relevant.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out modifications 
        under this subsection $10,000,000.
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