[Congressional Record Volume 153, Number 150 (Thursday, October 4, 2007)]
[Senate]
[Pages S12769-S12771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                WATER RESOURCES DEVELOPMENT ACT OF 2007

  Mr. VITTER. Mr. President, the explanation of managers accompanying 
the bill today is not as expansive as it could have been in regard to 
some sections of the bill. To ensure that my intent, and the intent of 
the remainder of the conferees, is clear I want to provide additional 
direction.
  Section 1001(24) authorizes the remaining features of the Morganza to 
the Gulf hurricane protection project. It is important to note that the 
House, Senate, and conferees recognized the importance of advancing 
this project beyond the initial authorization of segment J-1 and the 
additional funding and authorization provided in Public Law 109-148 and 
Public Law 109-234, with the full understanding of concerns raised 
regarding the potential impact of the project on wetlands--including 
those raised in the administration's Statement of Administration Policy 
related to this bill. The conferees believe that existing law, 
including section 902 of the Water Resources Development Act of 1986 
and section 7005 of this bill, provides more than sufficient 
flexibility to make any modifications deemed necessary and, subject to 
the availability of appropriations, expect the project to move 
immediately to the construction phase.
  The conferees recognize that the Morganza to the Gulf project was 
initiated in 1992. Congress authorized the full project in the Water 
Resources Development Act of 2000, Public Law 106-541, but Corps of 
Engineers' delays resulted in the failure of the command to meet the 
statutory deadline required to implement the project. The 15 years it 
has taken to reach this point have left Terrebonne Parish and portions 
of Lafourche Parish very vulnerable to storm surge, hurricane and flood 
damage, and the loss of life and property. The Federal Emergency 
Management Agency has expended well over $100 million in public and 
private assistance grants in recent years in response to damages that 
would have been prevented had the project been in place.
  The conferees understood that modifications to the Morganza project 
may be required. These include but are not limited to changes related 
to wetlands, IPET recommendations, and other factors. The conferees 
also understand that significant cost increases from the initial 
estimates were included in the 2002 and 2003 reports of the chief. 
These increases are related to significant rises in labor and materials 
costs as a result of activities responding to Hurricanes Katrina and 
Rita and attributable to new standards for storm damage reduction and 
flood control projects related to IPET recommendations. The conferees 
did not increase the project authorization due to the fact that section 
902 of the Water Resources Development Act of 1986 specifically 
provides for cost increases related to ``changes in construction cost 
applied to unconstructed features'' and for increases related to 
``mitigation and other environmental actions''.
  As was mandated by Congress in the past, the Secretary shall make the 
Houma Lock a top priority and expedite this feature, in addition to 
other features that will provide important protection to vulnerable 
areas. The Secretary should consider integrating the construction of 
the Houma Lock with modifications of the feature authorized in section 
7006(e)(3)(A)(i), only if the integration will not cause delays to this 
feature.
  Should significant additional features or increases in protection 
levels be warranted, the Secretary should consider the implementation 
of these improvements under section 211 of the Water Resources 
Development Act of 1996. It is noted that the Army did not notify 
Congress of any additional authorization needs for this project. It is 
the conferees' intent that this project move forward as soon as 
possible with no further congressional authorization. Delays in 
protection for this area cannot continue.
  Section 1001(25) authorizes the Port of Iberia access improvement and 
Vermilion parish storm surge protection project. It is the intent that 
the Corps provide meaningful storm protection to Vermilion Parish in an 
expedited manner without delays to the deepening project.
  Section 1004(a)(7) directs the Army Corps of Engineers to study and 
carry out a project to dredge and maintain the Napoleon Avenue 
Container Terminal berthing area in the Port of New Orleans at a depth 
not to exceed the authorized channel depth of the Mississippi River 
ship channel. Deepening of that berthing area will ensure that the full 
transportation benefits of the authorized channel depth of the 
Mississippi River ship channel will be realized by the adjacent port 
terminal. This small navigation enhancement project will create 
significant economic and business benefits for the port, and aid in the 
continuing recovery of the greater New Orleans area.
  Section 3081 authorizes the Corps of Engineers to credit the State of 
Louisiana for cost associated with mitigating the impact of freshwater 
diversions on oyster beds. It is the intent that ``relocating'' 
includes any means to remove or relocate the interests in the oyster 
beds from the impact area. In some cases, this may include leaving the 
oyster beds in place. It is the understanding of the conferees that 
oyster beds could serve as a form of protection from further coastal 
land and wetlands loss.
  Section 3082 provides for the relocation of facilities impacted by 
the closure of the Mississippi River gulf outlet through the Department 
of Commerce's Economic Development Administration. The section also 
establishes a loan program for businesses. The conferees specified that 
the loan program is a ``revolving loan''; therefore, nothing in the 
bill restricts the loan authority to $85 million. It is the intent that 
available loan authority be provided to businesses until demand is 
fully met. It is expected that the actual loan authority will far 
exceed the authorized funding level.
  Section 3084 authorizes the Corps to maintain responsibility for 
long-term costs associated with the Algiers Canals Levees portion of 
the Westbank and Vicinity project. Subsection (c) is intended to apply 
only to work performed under the original authorization. Ongoing work 
on the project is based upon authorization and funding provided in the 
various emergency supplemental appropriations acts related to 
Hurricanes Katrina and Rita. The cost share included in subsection (c) 
shall not apply to the work funded in those acts.
  Section 4101 directs the Government Accountability Office to conduct 
a review of disaster debris removal policy related to Hurricanes 
Katrina and Rita. It is the intent that the GAO shall coordinate the 
data required to determine the appropriate findings with the 
Environmental Protection Agency and Corps of Engineers. The EPA and 
Corps are expected to fully cooperate with the GAO and should be given 
the opportunity to comment and respond to the GAO's findings as is 
customary with these reports. Should any adverse findings result, it is 
the intent

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that the appropriate agencies immediately respond to such findings.
  Section 5083 directs the Corps to complete the supplemental EIS 
related to the lock project by July 01, 2008. As is clear in the bill 
language, it is expected that this mandate be met. The provision does 
not provide for alternative deadlines or procedures for delay. 
Appropriate planning and schedule compressions should be applied 
immediately.
  Section 5084 clarifies that a previous meeting shall serve as the 
requirement for a stakeholders meeting. The effect of this provision is 
that construction grants may be awarded as part of the Lake 
Pontchartrain Basin Program.
  Section 5157(14) authorizes improvements to the Larose to Golden 
Meadow, LA, project by the non-Federal interest to be reimbursed by the 
Secretary. It is intended that these improvements include the 
conversion of the Leon Theriot Floodgate into a lock and improvements 
required to advance protection to, meet or exceed the 100-year level of 
flood protection as determined under the National Flood Insurance 
Program at the time of construction of the improvements. It is expected 
that this authorization will complement the $90 million in improvements 
authorized under section 7015.
  Title VII authorizes 15 coastal protection and restoration projects 
and additional flood protection and storm damage reduction. In the case 
of each project, it is likely that the authority provided by section 
902 of the Water Resources Development Act of 1986 will be exercised. 
It is noted that this authority provides for cost increases of 20 
percent in addition to those increases attributable to inflation, 
``changes in construction cost applied to unconstructed features'' and 
for other cost increases. It is expected that all deadlines will be met 
and each project will advance in a timely manner.
  Section 7004 establishes a Federal-State task force. The conferees 
intended that the three representatives of the State of Louisiana each 
serve at the pleasure of the Governor of that State.
  Section 7005 authorizes the review and modification of water resource 
projects in the Louisiana coastal area project area to alleviate 
conflicts in project features. The requirement to review ``each'' 
project in the LCA project area should not be construed as a 
requirement to conduct an in depth review of all projects. The 
Secretary, in coordination with the State of Louisiana, is expected to 
identify those projects that are reasonable candidates for modification 
rather than wasting significant resources reviewing all projects in 
detail.
  Section 7006, of the Louisiana Coastal Area Title, title VII, 
authorizes a science and technology program specifically for the 
coastal Louisiana ecosystem. This science and technology program will 
provide the accurate scientific and technological advances needed to 
improve the knowledge of the physical, chemical, geological, 
biological, and cultural baseline conditions in the coastal Louisiana 
ecosystem and related natural and built assets.
  Section 7006 (a)(2)(3) and (4) of title VII of H.R. 1495 already 
provides some of the purposes and direction for carrying out the 
science and technology program. However, since there is no further 
report language clarification in the accompanying conference report 
language, I want to provide further direction, and the conferees 
intent, specifically as it applies to the purposes and organizations 
that should drive this important research program so that the Louisiana 
coastal area projects authorized by this important bill are done right 
the first time.
  It is my firm intent, and that of the conferees, that the science and 
technology program will be conducted through a Louisiana agency-
university-industry partnership led by the Long-term Estuary Assessment 
Group, LEAG, and the Coastal Restoration & Enhancement for Science & 
Technology, CREST, in partnership with the U.S. Geological Survey 
National Wetlands Research Center. The aim of this alliance is to 
create a cooperative science, engineering, and technology program to 
help policymakers, planners, and coastal resource managers use the 
latest objective information on the built and natural environment to 
ensure sustainable and productive coastal habitats and communities. 
This program should respond directly to the challenges identified by 
the task force and provide proactive solutions for the long-term 
success of the program.
  It is also the conferees intent that the science and technology 
program priority research areas shall also include the following 
efforts and purposes:
  A. Scientific tools for coastal restoration. New tools, or refinement 
of existing tools, for carrying out coastal restoration in coastal 
Louisiana. This area includes evaluation of restoration techniques, 
development of new sensor and monitoring platform technologies, and 
operational approaches that are applicable to both ongoing and planned 
projects in the coastal region of these States.
  B. Human dimensions of coastal restoration efforts. Sociological and 
economic information of direct use to managers and planners involved in 
coastal restoration efforts. This area focuses on projects that can be 
of relevance to coastal habitat which includes but are not limited to 
aspects such as land use, resource use and management, mitigation of 
coastal habitat loss, legal or industrial matters, environmental 
history, socioeconomic and behavioral effects, values to publics, and 
public awareness, sustainable neighborhood plan development, and 
education. This information could also be useful and applicable to 
other regions.
  C. Future perspectives. Concepts and approaches to guide future 
restoration of the Louisiana coastal ecosystem should also be 
considered. This includes field work, workshops, expert panels, reviews 
or syntheses of existing work. Specifically, projects should consider 
sustainable approaches to restoration that take into account future 
changes such as existing and emerging contaminants, degradation of 
coastal habitat resulting from planned human actions or policies, urban 
and natural ecosystem linkages, or the influence of variations in the 
climate system on the coast. Efforts should be regional in scale and of 
direct utility to agencies planning future restoration.
  Southern Louisiana remains severely impacted by or vulnerable to 
coastal erosion, sea level rise, and the loss and degradation of 
natural wetland habitats. This long-term deterioration was exacerbated 
by the 2005 hurricanes, Katrina and Rita, which devastated much of 
Louisiana's coastal regions. Such a combination of factors puts at risk 
the infrastructure of the region and the livelihood of its inhabitants, 
presenting an urgent need for a swift and successful response that will 
restore the natural protective structures in the region and enhance the 
ecology. Successful restoration of any natural ecosystem requires sound 
understanding of the problems and how they developed, as well as 
clearly defined targets for what we expect from the system after 
restoration. Scientific uncertainties and technological inadequacies 
must not limit our ability to respond to the needs of coastal 
communities. Rather, advances in science and technology should be 
integrated directly into restoration programs to ensure that coastal 
habitat restoration is implemented cost-effectively and successfully 
sustains coastal resources.
  Section 7007 (b) directs the Secretary to accept as a non-Federal 
cost share other Federal funds in certain cases. In addition to other 
Federal programs and resources, it is the intent that the provision 
shall clarify any misunderstanding that funds resulting from sections 
383 and 384 of the Energy Policy Act of 2005, Public Law 109-58, and 
title I of Division C of the Tax Relief and Health Care Act of 2006, 
Public Law 109-432 are eligible as a non-Federal match. This statement 
should not be construed as to prejudice any State's ability to use the 
funds specified from the Tax Relief and Health Care Act of 2006 as a 
non-Federal match for any program or any other use.
  Section 7012(a) authorizes the modification of the outfall canals on 
Lake Pontchartrain. The conference agreement provides for the 
construction of closure structures on the 17th Street, Orleans Avenue 
and London Avenue canals at or near the lakefront at Lake 
Pontchartrain. It also authorizes the installation of new pumping 
stations associated with the outfall canals. It is the intent of the 
conferees that the Secretary continues ongoing efforts to

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implement an appropriate solution to the outfall canal and pumping 
challenges which would be constructed under this authority. Evacuating 
storm water to the Mississippi River, rather than into the outfall 
canals, should be considered as part of any comprehensive plan 
constructed under this authority.
  The conference agreement also includes bill language that authorizes 
the replacement or modification of non-Federal levees in Plaquemines 
Parish. The conferees urge the Secretary to expedite efforts that will 
supplement or compliment existing Federal protection adjacent to the 
Mississippi River banks associated with the New Orleans to Venice 
project.
  Section 7012(b) clarifies that all work authorized pursuant to 
sections 7012(a)(2) through 7012(a)(9) and Section 7013 shall be 
performed at full Federal expense.
  Section 7013 authorizes the closure and restoration of the 
Mississippi River gulf outlet ecosystem. It is the intent that the full 
restoration of the area be included as part of the program. The 
Secretary should progress with the closure as soon as possible and 
should consider using funds and authorization provided in Public Law 
109-148 and Public Law 109-234 immediately upon enactment of this act.
  Section 7014 requires the Secretary to submit actual project 
recommendations as part of the Louisiana coastal protection and 
restoration analysis and design. Despite several communications, the 
Secretary has continued down a course that is entirely inconsistent 
with congressional intent in regard to this analysis and design. It 
remains very concerning that the Secretary considers expending $20 
million to develop a document that will provide little guidance and not 
advance future protection efforts a wise use of taxpayer funds. 
Further, it is inexcusable that the Congress was forced to include this 
directive in statute to refocus this analysis and design on the intent 
of Congress. The original intent of the authorization was clear that 
Corps was to provide actual project recommendations, design, and a 
technical report. The intentional mismanagement of this effort by the 
Assistant Secretary of the Army for Civil Works is concerning, will 
cause delays in protection improvements, and may result in additional 
loss of life and property. Further, it is noteworthy that the statute 
requiring the development of this document placed the requirement upon 
the Chief of Engineers to provide this information to Congress. Yet the 
interim report was signed only by the Assistant Secretary of the Army 
for Civil Works. I commend GEN Carl Strock for the integrity he 
apparently demonstrated in this case.

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