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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5461 Introduced in House (IH)]

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''.
    (b) Table of Contents.--

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.
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.

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.
    ``(k) Use of Funds.--
            ``(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.
    (c) Long-Term Plan.--
            (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.
            (3) Comprehensive plan.--
                    (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):
            (1) The Secretary.
            (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).
            (2) Maximum cost.--
                    (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.
    (c) Periodic Monitoring.--
            (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;
            (9) the Coast Guard; and
            (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.
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