16 U.S.C. § 3953 — Louisiana coastal wetlands conservation

Page 2452 TITLE 16—CONSERVATION § 3953 1 So in original. Probably should be capitalized. trator jointly determine that the State is not taking reasonable steps to implement and ad- minister a conservation plan developed and approved pursuant to this chapter, amounts made available in accordance with section 3955 of this title for any coastal wetlands restora- tion project shall revert to 75 percent of the cost of the project: Provided, however, that 1 such reversion to the lower cost share level shall not occur until the Governor has been provided notice of, and opportunity for hear- ing on, any such determination by the Sec- retary, the Director, and Administrator, and the State has been given ninety days from such notice or hearing to take corrective ac- tion. (3) Form of State share The share of the cost required of the State shall be from a non-Federal source. Such State share shall consist of a cash contribution of not less than 5 percent of the cost of the project. The balance of such State share may take the form of lands, easements, or right-of- way, or any other form of in-kind contribution determined to be appropriate by the lead Task Force member. (4) Existing cost-sharing agreements Paragraphs (1), (2), (3), and (5) of this sub- section shall not affect the existing cost-shar- ing agreements for the following projects: Caernarvon Freshwater Diversion, Davis Pond Freshwater Diversion, and Bonnet Carre Freshwater Diversion. (5) Federal share in calendar years 1996 and 1997 Notwithstanding paragraphs (1) and (2), upon approval of the conservation plan under sec- tion 3953 of this title and a determination by the Secretary that a reduction in the non-Fed- eral share is warranted, amounts made avail- able in accordance with section 3955 of this title to carry out coastal wetlands restoration projects under this section in calendar years 1996 and 1997 shall provide 90 percent of the cost of such projects. (Pub. L. 101–646, title III, § 303, Nov. 29, 1990, 104 Stat. 4779; Pub. L. 104–303, title V, § 532, Oct. 12, 1996, 110 Stat. 3774.) Editorial Notes AMENDMENTS 1996—Subsec. (f)(4). Pub. L. 104–303, § 532(1), sub- stituted ‘‘(3), and (5)’’ for ‘‘and (3)’’. Subsec. (f)(5). Pub. L. 104–303, § 532(2), added par. (5). § 3953. Louisiana coastal wetlands conservation planning (a) Development of conservation plan (1) Agreement The Secretary, the Director, and the Admin- istrator are directed to enter into an agree- ment with the Governor, as set forth in para- graph (2) of this subsection, upon notification of the Governor’s willingness to enter into such agreement. (2) Terms of agreement (A) Upon receiving notification pursuant to paragraph (1) of this subsection, the Sec- retary, the Director, and the Administrator shall promptly enter into an agreement (here- after in this section referred to as the ‘‘agree- ment’’) with the State under the terms set forth in subparagraph (B) of this paragraph. (B) The agreement shall— (i) set forth a process by which the State agrees to develop, in accordance with this section, a coastal wetlands conservation plan (hereafter in this section referred to as the ‘‘conservation plan’’); (ii) designate a single agency of the State to develop the conservation plan; (iii) assure an opportunity for participa- tion in the development of the conservation plan, during the planning period, by the pub- lic and by Federal and State agencies; (iv) obligate the State, not later than three years after the date of signing the agreement, unless extended by the parties thereto, to submit the conservation plan to the Secretary, the Director, and the Admin- istrator for their approval; and (v) upon approval of the conservation plan, obligate the State to implement the con- servation plan. (3) Grants and assistance Upon the date of signing the agreement— (A) the Administrator shall, in consulta- tion with the Director, with the funds made available in accordance with section 3955 of this title, make grants during the develop- ment of the conservation plan to assist the designated State agency in developing such plan. Such grants shall not exceed 75 percent of the cost of developing the plan; and (B) the Secretary, the Director, and the Administrator shall provide technical assist- ance to the State to assist it in the develop- ment of the plan. (b) Conservation plan goal If a conservation plan is developed pursuant to this section, it shall have a goal of achieving no net loss of wetlands in the coastal areas of Lou- isiana as a result of development activities initi- ated subsequent to approval of the plan, exclu- sive of any wetlands gains achieved through im- plementation of section 3952 of this title. (c) Elements of conservation plan The conservation plan authorized by this sec- tion shall include— (1) identification of the entire coastal area in the State that contains coastal wetlands; (2) designation of a single State agency with the responsibility for implementing and en- forcing the plan; (3) identification of measures that the State shall take in addition to existing Federal au- thority to achieve a goal of no net loss of wet- lands as a result of development activities, ex- clusive of any wetlands gains achieved through implementation of section 3952 of this title; (4) a system that the State shall implement to account for gains and losses of coastal wet- lands within coastal areas for purposes of eval- Page 2453 TITLE 16—CONSERVATION § 3954 1 So in original. Probably should be ‘‘an’’. uating the degree to which the goal of no net loss of wetlands as a result of development ac- tivities in such wetlands or other waters has been attained; (5) satisfactory assurances that the State will have adequate personnel, funding, and au- thority to implement the plan; (6) a program to be carried out by the State for the purpose of educating the public con- cerning the necessity to conserve wetlands; (7) a program to encourage the use of tech- nology by persons engaged in development ac- tivities that will result in negligible impact on wetlands; and (8) a program for the review, evaluation, and identification of regulatory and nonregulatory options that will be adopted by the State to encourage and assist private owners of wet- lands to continue to maintain those lands as wetlands. (d) Approval of conservation plan (1) In general If the Governor submits a conservation plan to the Secretary, the Director, and the Admin- istrator for their approval, the Secretary, the Director, and the Administrator shall, within one hundred and eighty days following receipt of such plan, approve or disapprove it. (2) Approval criteria The Secretary, the Director, and the Admin- istrator shall approve a conservation plan sub- mitted by the Governor, if they determine that— (A) the State has adequate authority to fully implement all provisions of such a plan; (B) such a plan is adequate to attain the goal of no net loss of coastal wetlands as a result of development activities and com- plies with the other requirements of this section; and (C) the plan was developed in accordance with terms of the agreement set forth in subsection (a) of this section. (e) Modification of conservation plan (1) Noncompliance If the Secretary, the Director, and the Ad- ministrator determine that a conservation plan submitted by the Governor does not com- ply with the requirements of subsection (d) of this section, they shall submit to the Gov- ernor a statement explaining why the plan is not in compliance and how the plan should be changed to be in compliance. (2) Reconsideration If the Governor submits a modified con- servation plan to the Secretary, the Director, and the Administrator for their reconsider- ation, the Secretary, the Director, and Admin- istrator shall have ninety days to determine whether the modifications are sufficient to bring the plan into compliance with require- ments of subsection (d) of this section. (3) Approval of modified plan If the Secretary, the Director, and the Ad- ministrator fail to approve or disapprove the conservation plan, as modified, within the ninety-day period following the date on which it was submitted to them by the Governor, such plan, as modified, shall be deemed to be approved effective upon the expiration of such ninety-day period. (f) Amendments to conservation plan If the Governor amends the conservation plan approved under this section, any such amended plan shall be considered a new plan and shall be subject to the requirements of this section; ex- cept that minor changes to such plan shall not be subject to the requirements of this section. (g) Implementation of conservation plan A conservation plan approved under this sec- tion shall be implemented as provided therein. (h) Federal oversight (1) Initial report to Congress Within one hundred and eighty days after entering into the agreement required under subsection (a) of this section, the Secretary, the Director, and the Administrator shall re- port to the Congress as to the status of a con- servation plan approved under this section and the progress of the State in carrying out such a plan, including and 1 accounting, as required under subsection (c) of this section, of the gains and losses of coastal wetlands as a result of development activities. (2) Report to Congress Twenty-four months after the initial one hundred and eighty day period set forth in paragraph (1), and at the end of each twenty- four-month period thereafter, the Secretary, the Director, and the Administrator shall, re- port to the Congress on the status of the con- servation plan and provide an evaluation of the effectiveness of the plan in meeting the goal of this section. (Pub. L. 101–646, title III, § 304, Nov. 29, 1990, 104 Stat. 4783.) § 3954. National coastal wetlands conservation grants (a) Matching grants The Director shall, with the funds made avail- able in accordance with section 3955 of this title, make matching grants to any coastal State to carry out coastal wetlands conservation projects from funds made available for that purpose. (b) Priority Subject to the cost-sharing requirements of this section, the Director may grant or other- wise provide any matching moneys to any coast- al State which submits a proposal substantial in character and design to carry out a coastal wet- lands conservation project. In awarding such matching grants, the Director shall give pri- ority to coastal wetlands conservation projects that are— (1) consistent with the National Wetlands Priority Conservation Plan developed under section 3921 of this title; and (2) in coastal States that have established dedicated funding for programs to acquire