16 U.S.C. § 3952 — Priority Louisiana coastal wetlands res-

Page 2450 TITLE 16—CONSERVATION § 3952 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title III of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4778, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–646, title III, § 301, Nov. 29, 1990, 104 Stat. 4778, provided that: ‘‘This title [enacting this chapter and amending section 777c of this title] may be cited as the ‘Coastal Wetlands Planning, Protection and Res- toration Act’.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 3952. Priority Louisiana coastal wetlands res- toration projects (a) Priority project list (1) Preparation of list Within forty-five days after November 29, 1990, the Secretary shall convene the Task Force to initiate a process to identify and pre- pare a list of coastal wetlands restoration projects in Louisiana to provide for the long- term conservation of such wetlands and de- pendent fish and wildlife populations in order of priority, based on the cost-effectiveness of such projects in creating, restoring, pro- tecting, or enhancing coastal wetlands, taking into account the quality of such coastal wet- lands, with due allowance for small-scale projects necessary to demonstrate the use of new techniques or materials for coastal wet- lands restoration. (2) Task Force procedures The Secretary shall convene meetings of the Task Force as appropriate to ensure that the list is produced and transmitted annually to the Congress as required by this subsection. If necessary to ensure transmittal of the list on a timely basis, the Task Force shall produce the list by a majority vote of those Task Force members who are present and voting; except that no coastal wetlands restoration project shall be placed on the list without the concur- rence of the lead Task Force member that the project is cost effective and sound from an en- gineering perspective. Those projects which potentially impact navigation or flood control on the lower Mississippi River System shall be constructed consistent with section 3953 of this title. (3) Transmittal of list No later than one year after November 29, 1990, the Secretary shall transmit to the Con- gress the list of priority coastal wetlands res- toration projects required by paragraph (1) of this subsection. Thereafter, the list shall be updated annually by the Task Force members and transmitted by the Secretary to the Con- gress as part of the President’s annual budget submission. Annual transmittals of the list to the Congress shall include a status report on each project and a statement from the Sec- retary of the Treasury indicating the amounts available for expenditure to carry out this chapter. (4) List of contents (A) AREA IDENTIFICATION; PROJECT DESCRIP- TION.—The list of priority coastal wetlands restoration projects shall include, but not be limited to— (i) identification, by map or other means, of the coastal area to be covered by the coastal wetlands restoration project; and (ii) a detailed description of each proposed coastal wetlands restoration project includ- ing a justification for including such project on the list, the proposed activities to be car- ried out pursuant to each coastal wetlands restoration project, the benefits to be real- ized by such project, the identification of the lead Task Force member to undertake each proposed coastal wetlands restoration project and the responsibilities of each other participating Task Force member, an esti- mated timetable for the completion of each coastal wetlands restoration project, and the estimated cost of each project. (B) PRE-PLAN.—Prior to the date on which the plan required by subsection (b) of this sec- tion becomes effective, such list shall include only those coastal wetlands restoration projects that can be substantially completed during a five-year period commencing on the date the project is placed on the list. (C) Subsequent to the date on which the plan required by subsection (b) of this section be- comes effective, such list shall include only those coastal wetlands restoration projects that have been identified in such plan. (5) Funding The Secretary shall, with the funds made available in accordance with section 3955 of this title, allocate funds among the members of the Task Force based on the need for such funds and such other factors as the Task Force deems appropriate to carry out the purposes of this subsection. (b) Federal and State project planning (1) Plan preparation The Task Force shall prepare a plan to iden- tify coastal wetlands restoration projects, in order of priority, based on the cost-effective- ness of such projects in creating, restoring, protecting, or enhancing the long-term con- servation of coastal wetlands, taking into ac- count the quality of such coastal wetlands, with due allowance for small-scale projects necessary to demonstrate the use of new tech- niques or materials for coastal wetlands res- toration. Such restoration plan shall be com- pleted within three years from November 29, 1990. (2) Purpose of the plan The purpose of the restoration plan is to de- velop a comprehensive approach to restore and Page 2451 TITLE 16—CONSERVATION § 3952 prevent the loss of, coastal wetlands in Lou- isiana. Such plan shall coordinate and inte- grate coastal wetlands restoration projects in a manner that will ensure the long-term con- servation of the coastal wetlands of Louisiana. (3) Integration of existing plans In developing the restoration plan, the Task Force shall seek to integrate the ‘‘Louisiana Comprehensive Coastal Wetlands Feasibility Study’’ conducted by the Secretary of the Army and the ‘‘Coastal Wetlands Conservation and Restoration Plan’’ prepared by the State of Louisiana’s Wetlands Conservation and Res- toration Task Force. (4) Elements of the plan The restoration plan developed pursuant to this subsection shall include— (A) identification of the entire area in the State that contains coastal wetlands; (B) identification, by map or other means, of coastal areas in Louisiana in need of coastal wetlands restoration projects; (C) identification of high priority coastal wetlands restoration projects in Louisiana needed to address the areas identified in sub- paragraph (B) and that would provide for the long-term conservation of restored wetlands and dependent fish and wildlife populations; (D) a listing of such coastal wetlands res- toration projects, in order of priority, to be submitted annually, incorporating any project identified previously in lists pro- duced and submitted under subsection (a) of this section; (E) a detailed description of each proposed coastal wetlands restoration project, includ- ing a justification for including such project on the list; (F) the proposed activities to be carried out pursuant to each coastal wetlands res- toration project; (G) the benefits to be realized by each such project; (H) an estimated timetable for completion of each coastal wetlands restoration project; (I) an estimate of the cost of each coastal wetlands restoration project; (J) identification of a lead Task Force member to undertake each proposed coastal wetlands restoration project listed in the plan; (K) consultation with the public and provi- sion for public review during development of the plan; and (L) evaluation of the effectiveness of each coastal wetlands restoration project in achieving long-term solutions to arresting coastal wetlands loss in Louisiana. (5) Plan modification The Task Force may modify the restoration plan from time to time as necessary to carry out the purposes of this section. (6) Plan submission Upon completion of the restoration plan, the Secretary shall submit the plan to the Con- gress. The restoration plan shall become effec- tive ninety days after the date of its submis- sion to the Congress. (7) Plan evaluation Not less than three years after the comple- tion and submission of the restoration plan re- quired by this subsection and at least every three years thereafter, the Task Force shall provide a report to the Congress containing a scientific evaluation of the effectiveness of the coastal wetlands restoration projects carried out under the plan in creating, restoring, pro- tecting and enhancing coastal wetlands in Louisiana. (c) Coastal wetlands restoration project benefits Where such a determination is required under applicable law, the net ecological, aesthetic, and cultural benefits, together with the economic benefits, shall be deemed to exceed the costs of any coastal wetlands restoration project within the State which the Task Force finds to con- tribute significantly to wetlands restoration. (d) Consistency (1) In implementing, maintaining, modifying, or rehabilitating navigation, flood control or ir- rigation projects, other than emergency actions, under other authorities, the Secretary, in con- sultation with the Director and the Adminis- trator, shall ensure that such actions are con- sistent with the purposes of the restoration plan submitted pursuant to this section. (2) At the request of the Governor of the State of Louisiana, the Secretary of Commerce shall approve the plan as an amendment to the State’s coastal zone management program ap- proved under section 1455 of this title. (e) Funding of wetlands restoration projects The Secretary shall, with the funds made available in accordance with this chapter, allo- cate such funds among the members of the Task Force to carry out coastal wetlands restoration projects in accordance with the priorities set forth in the list transmitted in accordance with this section. The Secretary shall not fund a coastal wetlands restoration project unless that project is subject to such terms and conditions as necessary to ensure that wetlands restored, enhanced or managed through that project will be administered for the long-term conservation of such lands and waters and dependent fish and wildlife populations. (f) Cost-sharing (1) Federal share Amounts made available in accordance with section 3955 of this title to carry out coastal wetlands restoration projects under this chap- ter shall provide 75 percent of the cost of such projects. (2) Federal share upon conservation plan ap- proval Notwithstanding the previous paragraph, if the State develops a Coastal Wetlands Con- servation Plan pursuant to this chapter, and such conservation plan is approved pursuant to section 3953 of this title, amounts made available in accordance with section 3955 of this title for any coastal wetlands restoration project under this section shall be 85 percent of the cost of the project. In the event that the Secretary, the Director, and the Adminis- 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-