109th CONGRESS
2d Session
H. R. 5461
To authorize the Secretary of the Army to carry out water resources
projects and activities for the coastal area of Louisiana, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
May 23, 2006
Mr. MELANCON (for himself, Mr. BAKER, Mr. MCCRERY, Mr. ALEXANDER, Mr. BOUSTANY,
Mr. JINDAL, and Mr. JEFFERSON) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
A BILL
To authorize the Secretary of the Army to carry out water resources
projects and activities for the coastal area of Louisiana, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Meeting Authorization Requirements
for the Coast Act of 2006'.
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. General provisions.
Sec. 103. Project modifications.
Sec. 104. Project-related provisions.
TITLE II--LOUISIANA COASTAL AREA
Sec. 202. Additional reports.
Sec. 203. Coastal Louisiana Ecosystem Protection and Restoration Task
Force.
Sec. 204. Investigations.
Sec. 206. Non-Federal cost share.
Sec. 207. Project justification.
Sec. 208. Statutory construction.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term `Secretary' means the Secretary of the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Project With Chief's Report-
(1) MORGANZA TO THE GULF OF MEXICO, LOUISIANA- The Secretary is authorized
to carry out 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, substantially in accordance with the
plans, and subject to the conditions, described in such reports, at a
total cost of $788,000,000, with an estimated Federal cost of $512,200,000
and an estimated non-Federal cost of $275,800,000.
(2) CREDIT- The Secretary shall credit toward the non-Federal share of
the cost of the project the cost of design and construction work carried
out 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) Project Authorization Subject to Final Report-
(1) DONALDSONVILLE, LOUISIANA, TO THE GULF OF MEXICO- The project for
flood control, Donaldsonville, Louisiana, to the Gulf of Mexico, 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,
at a total cost of $510,300,000, with an estimated Federal cost of $331,700,000
and an estimated non-Federal cost of $178,600,000.
(2) SENSE OF CONGRESS- It is the sense of Congress that in considering
possible alignments for the project for flood control, Donaldsonville,
Louisiana, to the Gulf of Mexico, the Secretary should take in account
the preference of the West Jefferson Levee District for an alignment that
would provide flood protection for all of the communities located in the
Lafitte, Barataria, and Crown Point areas within Jefferson Parish.
SEC. 102. GENERAL PROVISIONS.
(a) Small Flood Damage Reduction Projects- Section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) is amended by striking `$7,000,000' and inserting
`$15,000,000'.
(b) Beneficial Uses of Dredged Material- Section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326) is amended by striking subsections
(c) through (g) and inserting the following:
`(c) In General- The Secretary may carry out projects to transport and place
sediment obtained in connection with the construction, operation, or maintenance
of an authorized water resources project at locations selected by a non-Federal
entity for use in the construction, repair, or rehabilitation of projects
determined by the Secretary to be in the public interest and associated
with flood damage reduction, hurricane and storm damage reduction, aquatic
plant control, and environmental protection and restoration.
`(d) Cooperative Agreement- Any project undertaken pursuant to this section
shall be initiated only after non-Federal interests have entered into an
agreement with the Secretary in which the non-Federal interests agree to
pay the non-Federal share of the cost of construction of the project and
100 percent of the cost of operation, maintenance, replacement, and rehabilitation
of the project in accordance with section 103 of the Water Resources Development
Act of 1986 (33 U.S.C. 2213).
`(e) Special Rule- Construction of a project under subsection (a) may be
carried out at Federal expense if--
`(1) the project is for one or more of the purposes of protection, restoration,
or creation of aquatic and ecologically related habitat, will be carried
out at a cost which does not exceed $750,000 and will be located in a
disadvantaged community as determined by the Secretary; or
`(2) the project will be located in a coastal community impacted by a
hurricane in 2005.
`(f) Determination of Construction Costs- Costs associated with construction
of a project under this section shall be limited solely to construction
costs that are in excess of those costs necessary to carry out the dredging
for construction, operation, or maintenance of the authorized water resources
project in the most cost- effective way, consistent with economic, engineering,
and environmental criteria.
`(g) Selection of Sediment Disposal Method- In developing and carrying out
a water resources project involving the disposal of sediment, the Secretary
may select, with the consent of the non-Federal interest, a disposal method
that is not the least cost option if the Secretary determines that the incremental
costs of such disposal method are reasonable in relation to the environmental
benefits, including the benefits to the aquatic environment to be derived
from the creation of wetlands and control of shoreline erosion. The Federal
share of such incremental costs shall be determined in accordance with subsections
(d) and (f).
`(h) Nonprofit Entities- Notwithstanding section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out under this
section, a non-Federal interest may include a nonprofit entity, with the
consent of the affected local government.
`(i) Authorization of Appropriations- There is authorized to be appropriated
$30,000,000 annually for projects under this section of which not more than
$3,000,000 annually may be used for construction of projects described in
subsection (e). Such sums shall remain available until expended.
`(j) Regional Sediment Management Planning- In consultation with appropriate
State and Federal agencies, the Secretary may develop, at Federal expense,
plans for regional management of sediment obtained in conjunction with the
construction, operation, or maintenance of water resources projects, including
potential beneficial uses of sediment for construction, repair, or rehabilitation
of public projects for flood damage reduction, hurricane and storm damage
reduction, aquatic plant control, and environmental protection and restoration.
`(1) NON-FEDERAL INTEREST- The non-Federal interest for a project described
in this section may use, and the Secretary shall accept, funds provided
under any other Federal or State program, to satisfy, in whole or in part,
the non-Federal share of the cost of such project if such funds are authorized
to be used to carry out such project.
`(2) OTHER FEDERAL AGENCIES- The non-Federal share of the cost of construction
of a project under this section may be met through contributions from
a Federal agency made directly to the Secretary, with the consent of the
affected local government, if such funds are authorized to be used to
carry out such project. Before initiating a project to which this paragraph
applies, the Secretary shall enter into an agreement with a non-Federal
interest in which the non-Federal interest agrees to pay 100 percent of
the cost of operation, maintenance, replacement, and rehabilitation of
the project.'.
SEC. 103. PROJECT MODIFICATIONS.
(a) New Orleans to Venice, Louisiana- The project for hurricane protection,
New Orleans to Venice, Louisiana, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1184), is modified to authorize the Secretary
to carry out the work on the St. Jude to City Price, Upper Reach A back
levee. The Federal share of the cost of such work shall be 70 percent.
(b) Deer Island, Harrison County, Mississippi- The project for ecosystem
restoration, Deer Island, Harrison County, Mississippi, being carried out
under section 204 of the Water Resources Development Act of 1992 (33 U.S.C.
2326), is modified to authorize the non-Federal interest to provide any
portion of the non-Federal share of the cost of the project in the form
of in-kind services and materials.
SEC. 104. PROJECT-RELATED PROVISIONS.
(a) Larose to Golden Meadow, Louisiana-
(1) REIMBURSEMENT- The Secretary shall reimburse the non-Federal interest
for 65 percent of the cost of any planning, design, and construction work
performed by the non-Federal interest between August 16, 1999, and the
date of enactment of this Act in converting the Golden Meadow floodgate,
Louisiana, into a navigational lock if the Secretary determines that the
work conforms to the Leon Theriot Lock Evaluation Report as approved by
the Chief of Engineers.
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this subsection $16,000,000. Such sums shall remain available
until expended.
(b) Non-Federal Levees in Terrebonne, St. Charles, Lafourche, and St. Mary
Parishes, Louisiana- The Secretary shall carry out projects for the restoration
of damaged hurricane and flood control facilities, including non-Federal
facilities, in Terrebonne, St. Charles, Lafourche, and St. Mary Parishes,
Louisiana, to pre-storm levels of protection at full Federal expense under
the emergency authority provided by Public Law 84-99 (33 U.S.C. 701n).
(c) Levees in Plaquemines Parish, Louisiana-
(1) INCORPORATION OF EAST BANK NON-FEDERAL LEVEE-
(A) INCORPORATION INTO FEDERAL LEVEE SYSTEM- The Secretary is authorized
to incorporate the non-Federal levee on the east bank of the Mississippi
River in Plaquemines Parish, Louisiana, into the existing Federal levee
system.
(B) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this paragraph $94,000,000. Such sums shall remain available
until expended.
(2) LEVEL OF FLOOD PROTECTION- The Secretary is authorized to undertake
such measures as may be necessary to provide a 100-year level of flood
protection for Plaquemines Parish, Louisiana.
(d) Feasibility Studies for Certain Levee Projects, Louisiana- In conducting
feasability studies for each of the following projects for flood control,
the Secretary shall include, as part of the calculation of benefits and
costs, the benefits of the project to the region commonly referred to as
West Jefferson Parish, Louisiana:
(1) Crown Point Basin, Crown Point, Louisiana.
(2) Lower Barataria Basin, Barataria, Louisiana.
(3) Lower Highway 45 Evacuation Route, Lafitte, Louisiana.
(4) Upper Highway 45 Evacuation Route, Jean Lafitte, Louisiana.
(5) Jones Point Basin, Crown Point, Louisiana.
(6) Lower Lafitte Basin, Lafitte, Louisiana.
(e) Harrison, Hancock, and Jackson Counties, Mississippi- In carrying out
projects for the protection, restoration, and creation of aquatic and ecologically
related habitats located in Harrison, Hancock, and Jackson Counties, Mississippi,
under section 204 of the Water Resources Development Act of 1992 (33 U.S.C.
2326), the Secretary shall accept any portion of the non-Federal share of
the cost of the project in the form of in-kind services and materials.
SEC. 105. STUDIES.
(a) Comprehensive Study for Southwest Louisiana- The Secretary shall conduct
a study of the coast of Louisiana in Cameron, Calcasieu, Vermillion, Iberia,
St. Martin, and St. Mary Parishes, with particular reference to the advisability
of providing hurricane protection and storm damage reduction and related
purposes. In conducting the study, the Secretary shall assess the feasibility
of constructing an armored 12-foot levee along the Gulf Intracoastal Waterway.
(b) Mississippi Coastal Area, Mississippi- The Secretary shall conduct a
study to determine the feasibility of making improvements or modifications
to existing improvements in the coastal area of Mississippi in the interest
of hurricane and storm damage reduction, prevention of saltwater intrusion,
preservation of fish and wildlife, prevention of erosion, and other related
water resource purposes.
TITLE II--LOUISIANA COASTAL AREA
SEC. 201. DEFINITIONS.
In this title, 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 203.
SEC. 202. ADDITIONAL REPORTS.
(a) Mississippi River-Gulf Outlet-
(1) REPORT- Not later than 2 years after the date of enactment of this
Act, the Secretary 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.
The report shall contain recommended strategies for closing the Mississippi
River-Gulf Outlet to navigation.
(2) DREDGING ACTIVITIES- The Mississippi River-Gulf Outlet element of
the project for the Mississippi River, Baton Rouge to the Gulf of Mexico,
authorized by Public Law 84-455 (70 Stat. 65), is modified to direct the
Secretary to cease channel dredging activities.
(b) Chenier Plain- Not later than July 1, 2007, the Secretary shall submit
to Congress a report recommending near-term ecosystem restoration measures
for the Chenier Plain, Louisiana.
(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 (including
Barataria-Terrebonne Estuary), 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.
(A) DEADLINE- Not later than 5 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, programs,
and activities.
SEC. 203. 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):
(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 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
202(c)(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.
(f) Application of Federal Advisory Committee Act- The Task Force and any
working group established by the Task Force shall not be considered an advisory
committee under the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 204. INVESTIGATIONS.
(a) In General- The Secretary 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. 205. CONSTRUCTION.
(a) Coastal Louisiana Ecosystem Program-
(1) IN GENERAL- The Secretary 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 title.
(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 202(c)(3).
(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-
(1) IN GENERAL- The Secretary, substantially in accordance with the Plan,
shall implement in the coastal Louisiana ecosystem a program for the beneficial
use of material dredged from federally maintained waterways at a total
cost of $130,000,000.
(2) SEDIMENT DELIVERY SYSTEM, WEST POINTE A LA HACHE, PLAQUEMINES PARISH-
Of the amounts appropriated pursuant to paragraph (1), $30,000,000 shall
be used to provide financial assistance to permit the Louisiana Department
of Natural Resources, in cooperation with Barataria-Terrebonne National
Estuary Program, the Center for Bioenvironmental Research, and the Plaquemines
Parish government, to--
(A) determine the best plan and design for a sediment delivery system
in the region of West Pointe a la Hache, Plaquemines Parish; and
(B) construct a project based on such plan and design.
SEC. 206. NON-FEDERAL COST SHARE.
(a) Credit- The Secretary shall credit toward the non-Federal share of the
cost of a study authorized by section 204 or a project authorized by section
205 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
study or project, as the case may be, if the Secretary determines that the
work is integral to the study or project, as the case may be.
(b) Treatment of Credit Between Projects- Any credit provided under this
section toward the non-Federal share of the cost of a study authorized by
section 204 or a project authorized by section 205 may be applied toward
the non-Federal share of the cost of any other study authorized by section
204 or any other project authorized by section 205, as the case may be.
(1) IN GENERAL- To ensure that the contributions of the non-Federal interest
equal the non-Federal share of the cost of a study authorized by section
204 or a project authorized by section 205, during each 5-year period
beginning after the date of commencement of the first study under section
204 or construction of the first project under section 205, as the case
may be, the Secretary shall--
(A) monitor the non-Federal provision for each study authorized by section
204 or each project authorized by section 205, as the case may be, 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 study phase, 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.
(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. 207. 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 title or any other provision
of law to protect, conserve, and restore the coastal Louisiana ecosystem,
the Secretary 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. 208. STATUTORY CONSTRUCTION.
(a) Existing Authority- Except as otherwise provided in this title, nothing
in this title 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;
(10) the State of Louisiana.
(b) New Authority- Nothing in this title confers any new regulatory authority
on any Federal or non-Federal entity that carries out any project or activity
authorized by or under this title.
END
