I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Meeting Authorization Requirements for the Coast Act 

6 of 2006’’. 

7 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Secretary. 


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TITLE I—WATER RESOURCES PROJECTS 

Sec. 101. Project authorizations. 

Sec. 102. General provisions. 

Sec. 103. Project modifications. 

Sec. 104. Project-related provisions. 

Sec. 105. Studies. 

TITLE II—LOUISIANA COASTAL AREA 

Sec. 201. Definitions. 

Sec. 202. Additional reports. 

Sec. 203. Coastal Louisiana Ecosystem Protection and Restoration Task Force. 

Sec. 204. Investigations. 

Sec. 205. Construction. 

Sec. 206. Non-Federal cost share. 

Sec. 207. Project justification. 

Sec. 208. Statutory construction. 

1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army. 

4 TITLE I—WATER RESOURCES 

5 PROJECTS 

6 SEC. 101. PROJECT AUTHORIZATIONS. 

7 (a) PROJECT WITH CHIEF’S REPORT.— 

8 (1) MORGANZA TO THE GULF OF MEXICO, LOU9 ISIANA.—The Secretary is authorized to carry out 

10 the project for hurricane and storm damage reduc11 tion, Morganza to the Gulf of Mexico, Louisiana: 

12 Reports of the Chief of Engineers, dated August 23, 

13 2002, and July 22, 2003, substantially in accord14 ance with the plans, and subject to the conditions, 

15 described in such reports, at a total cost of 

16 $788,000,000, with an estimated Federal cost of 


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1 $512,200,000 and an estimated non-Federal cost of 

2 $275,800,000. 

3 (2) CREDIT.—The Secretary shall credit toward 

4 the non-Federal share of the cost of the project the 

5 cost of design and construction work carried out by 

6 the non-Federal interest before the date of the part7 nership agreement for the project if the Secretary 

8 determines that the work is integral to the project. 

9 (b) PROJECT AUTHORIZATION SUBJECT TO FINAL

10 REPORT.— 

11 (1) DONALDSONVILLE, LOUISIANA, TO THE

12 GULF OF MEXICO.—The project for flood control, 

13 Donaldsonville, Louisiana, to the Gulf of Mexico, is 

14 authorized to be carried out by the Secretary sub15 stantially in accordance with the plans, and subject 

16 to the conditions, recommended in a final report of 

17 the Chief of Engineers if a favorable report of the 

18 Chief is completed, at a total cost of $510,300,000, 

19 with an estimated Federal cost of $331,700,000 and 

20 an estimated non-Federal cost of $178,600,000. 

21 (2) SENSE OF CONGRESS.—It is the sense of 

22 Congress that in considering possible alignments for 

23 the project for flood control, Donaldsonville, Lou24 isiana, to the Gulf of Mexico, the Secretary should 

25 take in account the preference of the West Jefferson 


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1 Levee District for an alignment that would provide 

2 flood protection for all of the communities located in 

3 the Lafitte, Barataria, and Crown Point areas with4 in Jefferson Parish. 

5 SEC. 102. GENERAL PROVISIONS. 

6 (a) SMALL FLOOD DAMAGE REDUCTION

7 PROJECTS.—Section 205 of the Flood Control Act of 

8 1948 (33 U.S.C. 701s) is amended by striking 

9 ‘‘$7,000,000’’ and inserting ‘‘$15,000,000’’. 

10 (b) BENEFICIAL USES OF DREDGED MATERIAL.— 

11 Section 204 of the Water Resources Development Act of 

12 1992 (33 U.S.C. 2326) is amended by striking subsections 

13 (c) through (g) and inserting the following: 

14 ‘‘(c) IN GENERAL.—The Secretary may carry out 

15 projects to transport and place sediment obtained in con16 nection with the construction, operation, or maintenance 

17 of an authorized water resources project at locations se18 lected by a non-Federal entity for use in the construction, 

19 repair, or rehabilitation of projects determined by the Sec20 retary to be in the public interest and associated with flood 

21 damage reduction, hurricane and storm damage reduction, 

22 aquatic plant control, and environmental protection and 

23 restoration. 

24 ‘‘(d) COOPERATIVE AGREEMENT.—Any project un25 dertaken pursuant to this section shall be initiated only 


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1 after non-Federal interests have entered into an agree2 ment with the Secretary in which the non-Federal inter3 ests agree to pay the non-Federal share of the cost of con4 struction of the project and 100 percent of the cost of 

5 operation, maintenance, replacement, and rehabilitation of 

6 the project in accordance with section 103 of the Water 

7 Resources Development Act of 1986 (33 U.S.C. 2213). 

8 ‘‘(e) SPECIAL RULE.—Construction of a project 

9 under subsection (a) may be carried out at Federal ex10 pense if— 

11 ‘‘(1) the project is for one or more of the pur12 poses of protection, restoration, or creation of aquat13 ic and ecologically related habitat, will be carried out 

14 at a cost which does not exceed $750,000 and will 

15 be located in a disadvantaged community as deter16 mined by the Secretary; or 

17 ‘‘(2) the project will be located in a coastal 

18 community impacted by a hurricane in 2005. 

19 ‘‘(f) DETERMINATION OF CONSTRUCTION COSTS.— 

20 Costs associated with construction of a project under this 

21 section shall be limited solely to construction costs that 

22 are in excess of those costs necessary to carry out the 

23 dredging for construction, operation, or maintenance of 

24 the authorized water resources project in the most costVerDate Aug 31 2005 22:23 May 30, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5461.IH H5461

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1 effective way, consistent with economic, engineering, and 

2 environmental criteria. 

3 ‘‘(g) SELECTION OF SEDIMENT DISPOSAL METH4 OD.—In developing and carrying out a water resources 

5 project involving the disposal of sediment, the Secretary 

6 may select, with the consent of the non-Federal interest, 

7 a disposal method that is not the least cost option if the 

8 Secretary determines that the incremental costs of such 

9 disposal method are reasonable in relation to the environ10 mental benefits, including the benefits to the aquatic envi11 ronment to be derived from the creation of wetlands and 

12 control of shoreline erosion. The Federal share of such in13 cremental costs shall be determined in accordance with 

14 subsections (d) and (f). 

15 ‘‘(h) NONPROFIT ENTITIES.—Notwithstanding sec16 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 

17 1962d–5b), for any project carried out under this section, 

18 a non-Federal interest may include a nonprofit entity, with 

19 the consent of the affected local government. 

20 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated $30,000,000 annually for 

22 projects under this section of which not more than 

23 $3,000,000 annually may be used for construction of 

24 projects described in subsection (e). Such sums shall re25 main available until expended. 


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1 ‘‘(j) REGIONAL SEDIMENT MANAGEMENT PLAN2 NING.—In consultation with appropriate State and Fed3 eral agencies, the Secretary may develop, at Federal ex4 pense, plans for regional management of sediment ob5 tained in conjunction with the construction, operation, or 

6 maintenance of water resources projects, including poten7 tial beneficial uses of sediment for construction, repair, or 

8 rehabilitation of public projects for flood damage reduc9 tion, hurricane and storm damage reduction, aquatic plant 

10 control, and environmental protection and restoration. 

11 ‘‘(k) USE OF FUNDS.— 

12 ‘‘(1) NON-FEDERAL INTEREST.—The non-Fed13 eral interest for a project described in this section 

14 may use, and the Secretary shall accept, funds pro15 vided under any other Federal or State program, to 

16 satisfy, in whole or in part, the non-Federal share 

17 of the cost of such project if such funds are author18 ized to be used to carry out such project. 

19 ‘‘(2) OTHER FEDERAL AGENCIES.—The non20 Federal share of the cost of construction of a project 

21 under this section may be met through contributions 

22 from a Federal agency made directly to the Sec23 retary, with the consent of the affected local govern24 ment, if such funds are authorized to be used to 

25 carry out such project. Before initiating a project to 


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1 which this paragraph applies, the Secretary shall 

2 enter into an agreement with a non-Federal interest 

3 in which the non-Federal interest agrees to pay 100 

4 percent of the cost of operation, maintenance, re5 placement, and rehabilitation of the project.’’. 

6 SEC. 103. PROJECT MODIFICATIONS. 

7 (a) NEW ORLEANS TO VENICE, LOUISIANA.—The 

8 project for hurricane protection, New Orleans to Venice, 

9 Louisiana, authorized by section 203 of the Flood Control 

10 Act of 1962 (76 Stat. 1184), is modified to authorize the 

11 Secretary to carry out the work on the St. Jude to City 

12 Price, Upper Reach A back levee. The Federal share of 

13 the cost of such work shall be 70 percent. 

14 (b) DEER ISLAND, HARRISON COUNTY, MIS15 SISSIPPI.—The project for ecosystem restoration, Deer Is16 land, Harrison County, Mississippi, being carried out 

17 under section 204 of the Water Resources Development 

18 Act of 1992 (33 U.S.C. 2326), is modified to authorize 

19 the non-Federal interest to provide any portion of the non20 Federal share of the cost of the project in the form of 

21 in-kind services and materials. 

22 SEC. 104. PROJECT-RELATED PROVISIONS. 

23 (a) LAROSE TO GOLDEN MEADOW, LOUISIANA.— 

24 (1) REIMBURSEMENT.—The Secretary shall re25 imburse the non-Federal interest for 65 percent of 


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1 the cost of any planning, design, and construction 

2 work performed by the non-Federal interest between 

3 August 16, 1999, and the date of enactment of this 

4 Act in converting the Golden Meadow floodgate, 

5 Louisiana, into a navigational lock if the Secretary 

6 determines that the work conforms to the Leon 

7 Theriot Lock Evaluation Report as approved by the 

8 Chief of Engineers. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this subsection $16,000,000. Such sums shall re12 main available until expended. 

13 (b) NON-FEDERAL LEVEES IN TERREBONNE, ST. 

14 CHARLES, LAFOURCHE, AND ST. MARY PARISHES, LOU15 ISIANA.—The Secretary shall carry out projects for the 

16 restoration of damaged hurricane and flood control facili17 ties, including non-Federal facilities, in Terrebonne, St. 

18 Charles, Lafourche, and St. Mary Parishes, Louisiana, to 

19 pre-storm levels of protection at full Federal expense 

20 under the emergency authority provided by Public Law 

21 84–99 (33 U.S.C. 701n). 

22 (c) LEVEES IN PLAQUEMINES PARISH, LOUISIANA.— 

23 (1) INCORPORATION OF EAST BANK NON-FED24 ERAL LEVEE.— 


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1 (A) INCORPORATION INTO FEDERAL LEVEE

2 SYSTEM.—The Secretary is authorized to incor3 porate the non-Federal levee on the east bank 

4 of the Mississippi River in Plaquemines Parish, 

5 Louisiana, into the existing Federal levee sys6 tem. 

7 (B) AUTHORIZATION OF APPROPRIA8 TIONS.—There is authorized to be appropriated 

9 to carry out this paragraph $94,000,000. Such 

10 sums shall remain available until expended. 

11 (2) LEVEL OF FLOOD PROTECTION.—The Sec12 retary is authorized to undertake such measures as 

13 may be necessary to provide a 100-year level of flood 

14 protection for Plaquemines Parish, Louisiana. 

15 (d) FEASIBILITY STUDIES FOR CERTAIN LEVEE

16 PROJECTS, LOUISIANA.—In conducting feasability studies 

17 for each of the following projects for flood control, the Sec18 retary shall include, as part of the calculation of benefits 

19 and costs, the benefits of the project to the region com20 monly referred to as West Jefferson Parish, Louisiana: 

21 (1) Crown Point Basin, Crown Point, Lou22 isiana. 

23 (2) Lower Barataria Basin, Barataria, Lou24 isiana. 


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1 (3) Lower Highway 45 Evacuation Route, La2 fitte, Louisiana. 

3 (4) Upper Highway 45 Evacuation Route, Jean 

4 Lafitte, Louisiana. 

5 (5) Jones Point Basin, Crown Point, Louisiana. 

6 (6) Lower Lafitte Basin, Lafitte, Louisiana. 

7 (e) HARRISON, HANCOCK, AND JACKSON COUNTIES, 

8 MISSISSIPPI.—In carrying out projects for the protection, 

9 restoration, and creation of aquatic and ecologically re10 lated habitats located in Harrison, Hancock, and Jackson 

11 Counties, Mississippi, under section 204 of the Water Re12 sources Development Act of 1992 (33 U.S.C. 2326), the 

13 Secretary shall accept any portion of the non-Federal 

14 share of the cost of the project in the form of in-kind serv15 ices and materials. 

16 SEC. 105. STUDIES. 

17 (a) COMPREHENSIVE STUDY FOR SOUTHWEST LOU18 ISIANA.—The Secretary shall conduct a study of the coast 

19 of Louisiana in Cameron, Calcasieu, Vermillion, Iberia, St. 

20 Martin, and St. Mary Parishes, with particular reference 

21 to the advisability of providing hurricane protection and 

22 storm damage reduction and related purposes. In con23 ducting the study, the Secretary shall assess the feasibility 

24 of constructing an armored 12-foot levee along the Gulf 

25 Intracoastal Waterway. 


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1 (b) MISSISSIPPI COASTAL AREA, MISSISSIPPI.—The 

2 Secretary shall conduct a study to determine the feasibility 

3 of making improvements or modifications to existing im4 provements in the coastal area of Mississippi in the inter5 est of hurricane and storm damage reduction, prevention 

6 of saltwater intrusion, preservation of fish and wildlife, 

7 prevention of erosion, and other related water resource 

8 purposes. 

9 TITLE II—LOUISIANA COASTAL 

10 AREA 

11 SEC. 201. DEFINITIONS. 

12 In this title, the following definitions apply: 

13 (1) COASTAL LOUISIANA ECOSYSTEM.—The 

14 term ‘‘coastal Louisiana ecosystem’’ means the 

15 coastal area of Louisiana from the Sabine River on 

16 the west and the Pearl River on the east, including 

17 those parts of the Deltaic Plain and the Chenier 

18 Plain included within the study area of the Plan. 

19 (2) GOVERNOR.—The term ‘‘Governor’’ means 

20 the Governor of the State of Louisiana. 

21 (3) PLAN.—The term ‘‘Plan’’ means the report 

22 of the Chief of Engineers for ecosystem restoration 

23 for the Louisiana Coastal Area dated January 31, 

24 2005. 


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1 (4) TASK FORCE.—The term ‘‘Task Force’’ 

2 means the Coastal Louisiana Ecosystem Protection 

3 and Restoration Task Force established by section 

4 203. 

5 SEC. 202. ADDITIONAL REPORTS. 

6 (a) MISSISSIPPI RIVER-GULF OUTLET.— 

7 (1) REPORT.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary shall 

9 submit to Congress a report recommending modi10 fications to the Mississippi River-Gulf Outlet to ad11 dress navigation, salt water intrusion, channel bank 

12 erosion, mitigation, and threats to life and property. 

13 The report shall contain recommended strategies for 

14 closing the Mississippi River-Gulf Outlet to naviga15 tion. 

16 (2) DREDGING ACTIVITIES.—The Mississippi 

17 River-Gulf Outlet element of the project for the Mis18 sissippi River, Baton Rouge to the Gulf of Mexico, 

19 authorized by Public Law 84–455 (70 Stat. 65), is 

20 modified to direct the Secretary to cease channel 

21 dredging activities. 

22 (b) CHENIER PLAIN.—Not later than July 1, 2007, 

23 the Secretary shall submit to Congress a report recom24 mending near-term ecosystem restoration measures for the 

25 Chenier Plain, Louisiana. 


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1 (c) LONG-TERM PLAN.— 

2 (1) COMPREHENSIVE FRAMEWORK.—Not later 

3 than one year after the date of enactment of this 

4 section, the Secretary shall submit to Congress a 

5 recommended framework for developing a long-term 

6 program that provides for the comprehensive protec7 tion, conservation, and restoration of the wetlands, 

8 estuaries (including Barataria-Terrebonne Estuary), 

9 barrier islands, and related land and features that 

10 protect critical resources, habitat, and infrastructure 

11 in the coastal Louisiana ecosystem from the impacts 

12 of coastal storms, hurricanes, erosion, and subsid13 ence. 

14 (2) CONSIDERATION.—In developing the rec15 ommended framework, the Secretary shall consider 

16 integrating other Federal or State projects or activi17 ties within the coastal Louisiana ecosystem into the 

18 long-term restoration program. 

19 (3) COMPREHENSIVE PLAN.— 

20 (A) DEADLINE.—Not later than 5 years 

21 after the date of enactment of this Act, the Sec22 retary shall submit to Congress a feasibility 

23 study recommending a comprehensive, long24 term, plan for the protection, conservation, and 

25 restoration of the coastal Louisiana ecosystem. 


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1 (B) INTEGRATION.—The comprehensive, 

2 long-term, plan shall include recommendations 

3 for the integration of ongoing Federal and 

4 State projects, programs, and activities. 

5 SEC. 203. COASTAL LOUISIANA ECOSYSTEM PROTECTION 

6 AND RESTORATION TASK FORCE. 

7 (a) ESTABLISHMENT AND MEMBERSHIP.—There is 

8 established the Coastal Louisiana Ecosystem Protection 

9 and Restoration Task Force, which shall consist of the fol10 lowing members (or, in the case of the head of a Federal 

11 agency, a designee at the level of Assistant Secretary or 

12 an equivalent level): 

13 (1) The Secretary. 

14 (2) The Secretary of the Interior. 

15 (3) The Secretary of Commerce. 

16 (4) The Administrator of the Environmental 

17 Protection Agency. 

18 (5) The Secretary of Agriculture. 

19 (6) The Secretary of Transportation. 

20 (7) The Secretary of Energy. 

21 (8) The Director of the Federal Emergency 

22 Management Agency. 

23 (9) The Commandant of the Coast Guard. 

24 (10) The Coastal Advisor to the Governor. 


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1 (11) The Secretary of the Louisiana Depart2 ment of Natural Resources. 

3 (12) A representative of the Louisiana Gov4 ernor’s Advisory Commission on Coastal Restoration 

5 and Conservation. 

6 (b) DUTIES OF TASK FORCE.—The Task Force 

7 shall— 

8 (1) make recommendations to the Secretary re9 garding policies, strategies, plans, programs, 

10 projects, and activities for addressing protection, 

11 conservation, and restoration of the coastal Lou12 isiana ecosystem; 

13 (2) prepare financial plans for each of the agen14 cies represented on the Task Force for funds pro15 posed for the protection, conservation, and restora16 tion of the coastal Louisiana ecosystem under au17 thorities of each agency, including— 

18 (A) recommendations that identify funds 

19 from current agency missions and budgets; and 

20 (B) recommendations for coordinating in21 dividual agency budget requests; and 

22 (3) submit to Congress a biennial report that 

23 summarizes the activities of the Task Force and 

24 progress towards the purposes set forth in section 

25 202(c)(1). 


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1 (c) PROCEDURES AND ADVICE.—The Task Force 

2 shall— 

3 (1) implement procedures to facilitate public 

4 participation with regard to Task Force activities, 

5 including— 

6 (A) providing advance notice of meetings; 

7 (B) providing adequate opportunity for 

8 public input and comment; 

9 (C) maintaining appropriate records; and 

10 (D) making a record of proceedings avail11 able for public inspection; and 

12 (2) establish such working groups as are nec13 essary to assist the Task Force in carrying out its 

14 duties. 

15 (d) COMPENSATION.—Members of the Task Force or 

16 any associated working group may not receive compensa17 tion for their services as members of the Task Force or 

18 working group. 

19 (e) TRAVEL EXPENSES.—Travel expenses incurred 

20 by members of the Task Force, or members of an associ21 ated working group, in the performance of their service 

22 on the Task Force or working group shall be paid by the 

23 agency or entity that the member represents. 

24 (f) APPLICATION OF FEDERAL ADVISORY COM25 MITTEE ACT.—The Task Force and any working group 


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1 established by the Task Force shall not be considered an 

2 advisory committee under the Federal Advisory Com3 mittee Act (5 U.S.C. App.). 

4 SEC. 204. INVESTIGATIONS. 

5 (a) IN GENERAL.—The Secretary shall conduct feasi6 bility studies for future authorization and large-scale stud7 ies substantially in accordance with the Plan at a total 

8 cost $130,000,000. 

9 (b) EXISTING FEDERALLY AUTHORIZED WATER RE10 SOURCES PROJECTS.— 

11 (1) IN GENERAL.—The Secretary shall review 

12 existing federally authorized water resources projects 

13 in the coastal Louisiana ecosystem in order to deter14 mine their consistency with the purposes of this sec15 tion and whether the projects have the potential to 

16 contribute to ecosystem restoration through revised 

17 operations or modified project features. 

18 (2) FUNDING.—There is authorized to be ap19 propriated $10,000,000 to carry out this subsection. 

20 SEC. 205. CONSTRUCTION. 

21 (a) COASTAL LOUISIANA ECOSYSTEM PROGRAM.— 

22 (1) IN GENERAL.—The Secretary shall carry 

23 out a coastal Louisiana ecosystem program substan24 tially in accordance with the Plan, at a total cost of 

25 $50,000,000. 


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1 (2) OBJECTIVES.—The objectives of the pro2 gram shall be to— 

3 (A) identify uncertainties about the phys4 ical, chemical, geological, biological, and cul5 tural baseline conditions in the coastal Lou6 isiana ecosystem; 

7 (B) improve the State of knowledge of the 

8 physical, chemical, geological, biological, and 

9 cultural baseline conditions in the coastal Lou10 isiana ecosystem; and 

11 (C) identify and develop technologies, mod12 els, and methods that could be useful in car13 rying out the purposes of this title. 

14 (3) WORKING GROUPS.—The Secretary may es15 tablish such working groups as are necessary to as16 sist in carrying out this subsection. 

17 (4) PROCEDURES AND ADVICE.—In carrying 

18 out this subsection, the Secretary is authorized to 

19 enter into contracts and cooperative agreements with 

20 scientific and engineering experts in the restoration 

21 of aquatic and marine ecosystems, including a con22 sortium of academic institutions in Louisiana and 

23 Mississippi for coastal restoration and enhancement 

24 through science and technology. 

25 (b) DEMONSTRATION PROJECTS.— 


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1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 and (3), the Secretary may carry out projects sub3 stantially in accordance with the Plan for the pur4 pose of resolving critical areas of scientific or tech5 nological uncertainty related to the implementation 

6 of the comprehensive plan to be developed under sec7 tion 202(c)(3). 

8 (2) MAXIMUM COST.— 

9 (A) TOTAL COST.—The total cost for plan10 ning, design, and construction of all demonstra11 tion projects under this subsection shall not ex12 ceed $100,000,000. 

13 (B) INDIVIDUAL PROJECT.—The total cost 

14 of an individual demonstration project under 

15 this subsection shall not exceed $25,000,000. 

16 (c) INITIAL PROJECTS.—The Secretary is authorized 

17 to carry out the following projects substantially in accord18 ance with the Plan: 

19 (1) Mississippi River Gulf Outlet Environ20 mental Restoration at a total cost of $105,300,000. 

21 (2) Small Diversion at Hope Canal at a total 

22 cost of $68,600,000. 

23 (3) Barataria Basin Barrier Shoreline Restora24 tion at a total cost of $242,600,000. 


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1 (4) Small Bayou Lafourche Reintroduction at a 

2 total cost of $133,500,000. 

3 (5) Medium Diversion at Myrtle Grove with 

4 Dedicated Dredging at a total cost of $278,300,000. 

5 (d) BENEFICIAL USE OF DREDGED MATERIAL.— 

6 (1) IN GENERAL.—The Secretary, substantially 

7 in accordance with the Plan, shall implement in the 

8 coastal Louisiana ecosystem a program for the bene9 ficial use of material dredged from federally main10 tained waterways at a total cost of $130,000,000. 

11 (2) SEDIMENT DELIVERY SYSTEM, WEST

12 POINTE A LA HACHE, PLAQUEMINES PARISH.—Of 

13 the amounts appropriated pursuant to paragraph 

14 (1), $30,000,000 shall be used to provide financial 

15 assistance to permit the Louisiana Department of 

16 Natural Resources, in cooperation with Barataria17 Terrebonne National Estuary Program, the Center 

18 for Bioenvironmental Research, and the 

19 Plaquemines Parish government, to— 

20 (A) determine the best plan and design for 

21 a sediment delivery system in the region of 

22 West Pointe a la Hache, Plaquemines Parish; 

23 and 

24 (B) construct a project based on such plan 

25 and design. 


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1 SEC. 206. NON-FEDERAL COST SHARE. 

2 (a) CREDIT.—The Secretary shall credit toward the 

3 non-Federal share of the cost of a study authorized by 

4 section 204 or a project authorized by section 205 the cost 

5 of work carried out in the coastal Louisiana ecosystem by 

6 the non-Federal interest before the date of the partnership 

7 agreement for the study or project, as the case may be, 

8 if the Secretary determines that the work is integral to 

9 the study or project, as the case may be. 

10 (b) TREATMENT OF CREDIT BETWEEN PROJECTS.— 

11 Any credit provided under this section toward the non12 Federal share of the cost of a study authorized by section 

13 204 or a project authorized by section 205 may be applied 

14 toward the non-Federal share of the cost of any other 

15 study authorized by section 204 or any other project au16 thorized by section 205, as the case may be. 

17 (c) PERIODIC MONITORING.— 

18 (1) IN GENERAL.—To ensure that the contribu19 tions of the non-Federal interest equal the non-Fed20 eral share of the cost of a study authorized by sec21 tion 204 or a project authorized by section 205, dur22 ing each 5-year period beginning after the date of 

23 commencement of the first study under section 204 

24 or construction of the first project under section 

25 205, as the case may be, the Secretary shall— 


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1 (A) monitor the non-Federal provision for 

2 each study authorized by section 204 or each 

3 project authorized by section 205, as the case 

4 may be, of cash, in-kind services and materials, 

5 and land, easements, rights-of-way, relocations, 

6 and disposal areas; and 

7 (B) manage, to the extent practicable, the 

8 requirement of the non-Federal interest to pro9 vide for each such project cash, in-kind services 

10 and materials, and land, easements, rights-of11 way, relocations, and disposal areas. 

12 (2) OTHER MONITORING.—The Secretary shall 

13 conduct monitoring separately for the study phase, 

14 construction phase, the preconstruction engineering 

15 and design phase, and the planning phase for each 

16 project authorized on or after date of enactment of 

17 this Act for all or any portion of the coastal Lou18 isiana ecosystem. 

19 (d) AUDITS.—Credit for land, easements, rights-of20 way, relocations, and disposal areas (including land value 

21 and incidental costs) provided under this section, and the 

22 cost of work provided under this section, shall be subject 

23 to audit by the Secretary. 


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1 SEC. 207. PROJECT JUSTIFICATION. 

2 (a) IN GENERAL.—Notwithstanding section 209 of 

3 the Flood Control Act of 1970 (42 U.S.C. 1962–2) or any 

4 other provision of law, in carrying out any project or activ5 ity authorized by or under this title or any other provision 

6 of law to protect, conserve, and restore the coastal Lou7 isiana ecosystem, the Secretary may determine that— 

8 (1) the project or activity is justified by the en9 vironmental benefits derived by the coastal Lou10 isiana ecosystem; and 

11 (2) no further economic justification for the 

12 project or activity is required if the Secretary deter13 mines that the project or activity is cost effective. 

14 (b) LIMITATION ON APPLICABILITY.—Subsection (a) 

15 shall not apply to any separable element intended to 

16 produce benefits that are predominantly unrelated to the 

17 protection, conservation, and restoration of the coastal 

18 Louisiana ecosystem. 

19 SEC. 208. STATUTORY CONSTRUCTION. 

20 (a) EXISTING AUTHORITY.—Except as otherwise pro21 vided in this title, nothing in this title affects any author22 ity in effect on the date of enactment of this Act, or any 

23 requirement relating to the participation in protection, 

24 conservation, and restoration projects and activities in the 

25 coastal Louisiana ecosystem, including projects and activi26 ties referred to in subsection (a) of— 


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25 

•HR 5461 IH

1 (1) the Department of the Army; 

2 (2) the Department of the Interior; 

3 (3) the Department of Commerce; 

4 (4) the Environmental Protection Agency; 

5 (5) the Department of Agriculture; 

6 (6) the Department of Transportation; 

7 (7) the Department of Energy; 

8 (8) the Federal Emergency Management Agen9 cy; 

10 (9) the Coast Guard; and 

11 (10) the State of Louisiana. 

12 (b) NEW AUTHORITY.—Nothing in this title confers 

13 any new regulatory authority on any Federal or non-Fed14 eral entity that carries out any project or activity author15 ized by or under this title. 

Æ 


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