II 

109TH CONGRESS 

1ST SESSION S. 721 

To authorize the Secretary of the Army to carry out a program for ecosystem 

restoration for the Louisiana Coastal Area, Louisiana. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6, 2005 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To authorize the Secretary of the Army to carry out a 

program for ecosystem restoration for the Louisiana 

Coastal Area, Louisiana. 

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

3 SECTION. 1. LOUISIANA COASTAL AREA ECOSYSTEM RES4 TORATION, LOUISIANA. 

5 (a) IN GENERAL.—The Secretary may carry out a 

6 program for ecosystem restoration, Louisiana Coastal 

7 Area, Louisiana, substantially in accordance with the re8 port of the Chief of Engineers, dated January 31, 2005. 

9 (b) PRIORITIES.— 
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1 (1) IN GENERAL.—In carrying out the program 

2 under subsection (a), the Secretary shall give pri3 ority to— 

4 (A) any portion of the program identified 

5 in the report described in subsection (a) as a 

6 critical restoration feature; 

7 (B) any Mississippi River diversion project 

8 that— 

9 (i) protects a major population area of 

10 the Pontchartain, Pearl, Breton Sound, 

11 Barataria, or Terrebonne Basin; and 

12 (ii) produces an environmental benefit 

13 to the coastal area of the State of Lou14 isiana or the State of Mississippi; and 

15 (C) any barrier island, or barrier shoreline, 

16 project that— 

17 (i) is carried out in conjunction with 

18 a Mississippi River diversion project; and 

19 (ii) protects a major population area. 

20 (c) NON-FEDERAL SHARE.— 

21 (1) CREDIT FOR INTEGRAL WORK.—The Sec22 retary shall provide credit (including in-kind credit) 

23 toward the non-Federal share for the cost of any 

24 work carried out by the non-Federal interest on a 

25 project that is part of the program under subsection 
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1 (a) if the Secretary determines that the work is inte2 gral to the project. 

3 (2) CARRYOVER OF CREDITS.—A credit pro4 vided under paragraph (1) may be carried over be5 tween authorized projects in the Louisiana Coastal 

6 Area ecosystem restoration program. 

7 (3) NONGOVERNMENTAL ORGANIZATIONS.—A 

8 nongovernmental organization shall be eligible to 

9 contribute all or a portion of the non-Federal share 

10 of the cost of a project under this section. 

11 (d) COMPREHENSIVE PLAN.— 

12 (1) IN GENERAL.—The Secretary, in coordina13 tion with the Governor of the State of Louisiana, 

14 shall— 

15 (A) develop a plan for protecting, pre16 serving, and restoring the coastal Louisiana 

17 ecosystem; and 

18 (B) not later than 1 year after the date of 

19 enactment of this Act, and every 5 years there20 after, submit to Congress the plan, or an up21 date of the plan. 

22 (2) INCLUSIONS.—The comprehensive plan 

23 shall include a description of— 

24 (A) the framework of a long-term program 

25 that provides for the comprehensive protection, 
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1 conservation, and restoration of the wetlands, 

2 estuaries (including the Barataria-Terrebonne 

3 estuary), barrier islands, shorelines, and related 

4 land and features of the coastal Louisiana eco5 system, including protection of a critical re6 source, habitat, or infrastructure from the ef7 fects of a coastal storm, a hurricane, erosion, or 

8 subsidence; 

9 (B) the means by which a new technology, 

10 or an improved technique, can be integrated 

11 into the program under subsection (a); and 

12 (C) the role of other Federal agencies and 

13 programs in carrying out the program under 

14 subsection (a). 

15 (3) CONSIDERATION.—In developing the com16 prehensive plan, the Secretary shall consider the ad17 visability of integrating into the program under sub18 section (a)— 

19 (A) a related Federal or State project car20 ried out on the date on which the plan is devel21 oped; 

22 (B) an activity in the Louisiana Coastal 

23 Area; or 

24 (C) any other project or activity identified 

25 in— 
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1 (i) the Mississippi River and Tribu2 taries program; 

3 (ii) the Louisiana Coastal Wetlands 

4 Conservation Plan; 

5 (iii) the Louisiana Coastal Zone Man6 agement Plan; or 

7 (iv) the plan of the State of Louisiana 

8 entitled ‘‘Coast 2050: Toward a Sustain9 able Coastal Louisiana’’. 

10 (e) TASK FORCE.— 

11 (1) ESTABLISHMENT.—There is established a 

12 task force to be known as the ‘‘Coastal Louisiana 

13 Ecosystem Protection and Restoration Task Force’’ 

14 (referred to in this subsection as the ‘‘Task Force’’). 

15 (2) MEMBERSHIP.—The Task Force shall con16 sist of the following members (or, in the case of the 

17 head of a Federal agency, a designee at the level of 

18 Assistant Secretary or an equivalent level): 

19 (A) The Secretary. 

20 (B) The Secretary of the Interior. 

21 (C) The Secretary of Commerce. 

22 (D) The Administrator of the Environ23 mental Protection Agency. 

24 (E) The Secretary of Agriculture. 

25 (F) The Secretary of Transportation. 
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1 (G) The Secretary of Energy. 

2 (H) The Secretary of Homeland Security. 

3 (I) 3 representatives of the State of Lou4 isiana appointed by the Governor of that State. 

5 (3) DUTIES.—The Task Force shall make rec6 ommendations to the Secretary regarding— 

7 (A) policies, strategies, plans, programs, 

8 projects, and activities for addressing conserva9 tion, protection, restoration, and maintenance 

10 of the coastal Louisiana ecosystem; 

11 (B) financial participation by each agency 

12 represented on the Task Force in conserving, 

13 protecting, restoring, and maintaining the 

14 coastal Louisiana ecosystem, including rec15 ommendations— 

16 (i) that identify funds from current 

17 agency missions and budgets; and 

18 (ii) for coordinating individual agency 

19 budget requests; and 

20 (C) the comprehensive plan under sub21 section (d). 

22 (4) WORKING GROUPS.—The Task Force may 

23 establish such working groups as the Task Force de24 termines to be necessary to assist the Task Force in 

25 carrying out this subsection. 
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1 (5) APPLICATION OF THE FEDERAL ADVISORY

2 COMMITTEE ACT.—The Federal Advisory Committee 

3 Act (5 U.S.C. App.) shall not apply to the Task 

4 Force or any working group of the Task Force. 

5 (f) MISSISSIPPI RIVER GULF OUTLET.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of this Act, the Secretary 

8 shall develop a plan for modifying the Mississippi 

9 River Gulf Outlet that addresses— 

10 (A) wetland losses attributable to the Mis11 sissippi River Gulf Outlet; 

12 (B) channel bank erosion; 

13 (C) hurricane storm surges; 

14 (D) saltwater intrusion; 

15 (E) navigation interests; and 

16 (F) environmental restoration. 

17 (2) REPORT.—If the Secretary determines nec18 essary, the Secretary, in conjunction with the Chief 

19 of Engineers, shall submit to Congress a report rec20 ommending modifications to the Mississippi River 

21 Gulf Outlet, including measures to prevent the intru22 sion of saltwater into the Outlet. 

23 (g) SCIENCE AND TECHNOLOGY.— 
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1 (1) IN GENERAL.—The Secretary shall establish 

2 a coastal Louisiana ecosystem science and tech3 nology program. 

4 (2) PURPOSES.—The purposes of the program 

5 established by paragraph (1) shall be— 

6 (A) to identify any uncertainty relating to 

7 the physical, chemical, geological, biological, 

8 and cultural baseline conditions in coastal Lou9 isiana; 

10 (B) to improve knowledge of the physical, 

11 chemical, geological, biological, and cultural 

12 baseline conditions in coastal Louisiana; and 

13 (C) to identify and develop technologies, 

14 models, and methods to carry out this sub15 section. 

16 (3) WORKING GROUPS.—The Secretary may es17 tablish such working groups as the Secretary deter18 mines to be necessary to assist the Secretary in car19 rying out this subsection. 

20 (4) CONTRACTS AND COOPERATIVE AGREE21 MENTS.—In carrying out this subsection, the Sec22 retary may enter into a contract or cooperative 

23 agreement with an individual or entity (including a 

24 consortium of academic institutions in Louisiana 

25 and Mississippi) with scientific or engineering exper-
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1 tise in the restoration of aquatic and marine eco2 systems for coastal restoration and enhancement 

3 through science and technology. 

4 (h) ANALYSIS OF BENEFITS.— 

5 (1) IN GENERAL.—Notwithstanding section 209 

6 of the Flood Control Act of 1970 (42 U.S.C. 1962– 

7 2) or any other provision of law, in carrying out an 

8 activity to conserve, protect, restore, or maintain the 

9 coastal Louisiana ecosystem, the Secretary may de10 termine that the environmental benefits provided by 

11 the program under this section outweigh the dis12 advantage of an activity under this section. 

13 (2) DETERMINATION OF COST-EFFECTIVE14 NESS.—If the Secretary determines that an activity 

15 under this section is cost-effective, no further eco16 nomic justification for the activity shall be required. 

17 (i) APPORTIONMENT.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Sec20 retary, in consultation with the non-Federal interest, 

21 shall enter into a contract with the National Acad22 emy of Sciences under which the National Academy 

23 of Sciences shall conduct a study. 
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1 (2) IDENTIFICATION OF CAUSES AND

2 SOURCES.—The study under paragraph (1) shall, to 

3 the maximum extent practicable, identify— 

4 (A) each cause of degradation of the Lou5 isiana Coastal Area ecosystem that is attrib6 utable to an action by the Secretary; 

7 (B) an apportionment of the sources of 

8 such degradation; 

9 (C) any potential reduction in the amount 

10 of Federal emergency response funds that 

11 would occur as a result of ecosystem restoration 

12 in the Louisiana Coastal Area; and 

13 (D) the reduction in costs associated with 

14 protection and maintenance of infrastructure 

15 that is threatened or damaged as a result of 

16 coastal erosion in Louisiana that would occur as 

17 a result of ecosystem restoration in the Lou18 isiana Coastal Area. 

19 (j) REPORT.—Not later than July 1, 2006, the Sec20 retary, in conjunction with the Chief of Engineers, shall 

21 submit to Congress a report describing the features in22 cluded in table 3 of the report described in subsection (a). 

23 (k) PROJECT MODIFICATIONS.— 

24 (1) REVIEW.—The Secretary, in cooperation 

25 with any non-Federal interest, shall review each fed-
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1 erally-authorized water resources project in the 

2 coastal Louisiana area in existence on the date of 

3 enactment of this Act to determine whether— 

4 (A) each project is in accordance with the 

5 program under subsection (a); and 

6 (B) the project could contribute to eco7 system restoration under subsection (a) through 

8 modification of the operations or features of the 

9 project. 

10 (2) PUBLIC NOTICE AND COMMENT.—Before 

11 modifying an operation or feature of a project under 

12 paragraph (1)(B), the Secretary shall provide an op13 portunity for public notice and comment. 

14 (3) REPORT.— 

15 (A) IN GENERAL.—Before modifying an 

16 operation or feature of a project under para17 graph (1)(B), the Secretary shall submit to the 

18 Committee on Environment and Public Works 

19 of the Senate and the Committee on Transpor20 tation and Infrastructure of the House of Rep21 resentatives a report describing the modifica22 tion. 

23 (B) INCLUSION.—A report under para24 graph (2)(B) shall include such information re-
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1 lating to the timeline and cost of a modification 

2 as the Secretary determines to be relevant. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Sec5 retary to carry out modifications under this sub6 section $10,000,000. 

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