II 

109TH CONGRESS 

2D SESSION S. 4111 

To provide for certain water resources projects in the State of Louisiana. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2006 

Ms. LANDRIEU introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To provide for certain water resources projects in the State 

of 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Louisiana Water Re5 sources Projects Act of 2006’’. 

6 SEC. 2. PROJECT AUTHORIZATIONS. 

7 (a) PROJECTS WITH CHIEF’S REPORTS.—Except as 

8 otherwise provided in this section, the following projects 

9 for water resources development and conservation and 

10 other purposes are authorized to be carried out by the Sec11 retary of the Army (referred to in this Act as the ‘‘SecVerDate Aug 31 2005 21:57 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4111.IS S4111

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1 retary’’) substantially in accordance with the plans, and 

2 subject to the conditions, described in the respective re3 ports designated in this section: 

4 (1) BAYOU SORREL LOCK, LOUISIANA.—The 

5 project for navigation, Bayou Sorrel Lock, Lou6 isiana: Report of the Chief of Engineers dated Janu7 ary 3, 2005, at a total cost of $9,500,000. The costs 

of construction of the project are to be paid 1 8 ⁄2 from 

9 amounts appropriated from the general fund of the 

Treasury and 1 10 ⁄2 from amounts appropriated from 

11 the Inland Waterways Trust Fund. 

12 (2) MORGANZA TO THE GULF OF MEXICO, LOU13 ISIANA.— 

14 (A) IN GENERAL.—The project for hurri15 cane and storm damage reduction, Morganza to 

16 the Gulf of Mexico, Louisiana: Reports of the 

17 Chief of Engineers dated August 23, 2002, and 

18 July 22, 2003, at a total cost of $841,100,000 

19 with an estimated Federal cost of $546,300,000 

20 and an estimated non-Federal cost of 

21 $294,800,000. 

22 (B) OPERATION AND MAINTENANCE.—The 

23 operation, maintenance, repair, rehabilitation, 

24 and replacement of the Houma Navigation 

25 Canal lock complex and the Gulf Intracoastal 


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1 Waterway floodgate features that provide for 

2 inland waterway transportation shall be a Fed3 eral responsibility, in accordance with section 

4 102 of the Water Resources Development Act 

5 of 1986 (33 U.S.C. 2212). 

6 (b) PROJECT SUBJECT TO FINAL REPORT.—The 

7 project for navigation, Port of Iberia, Louisiana, at a total 

8 cost of $204,600,000, with an estimated Federal cost of 

9 $129,700,000 and an estimated non-Federal cost of 

10 $74,900,000, is authorized to be carried out by the Sec11 retary substantially in accordance with the plans, and sub12 ject to the conditions, recommended in a final report of 

13 the Chief of Engineers if a favorable report of the Chief 

14 is completed not later than December 31, 2006, except 

15 that the Secretary, in consultation with Vermillion and 

16 Iberia Parishes, Louisiana, is directed to use available 

17 dredged material and rock placement on the south bank 

18 of the Gulf Intracoastal Waterway and the west bank of 

19 the Freshwater Bayou Channel to provide incidental storm 

20 surge protection. 

21 SEC. 3. LOUISIANA COASTAL AREA ECOSYSTEM RESTORA22 TION, LOUISIANA. 

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

24 program for ecosystem restoration, Louisiana Coastal 


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1 Area, Louisiana, substantially in accordance with the re2 port of the Chief of Engineers, dated January 31, 2005. 

3 (b) PRIORITIES.— 

4 (1) IN GENERAL.—In carrying out the program 

5 under subsection (a), the Secretary shall give pri6 ority to— 

7 (A) any portion of the program identified 

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

9 critical restoration feature; 

10 (B) any Mississippi River diversion project 

11 that— 

12 (i) protects a major population area of 

13 the Pontchartain, Pearl, Breton Sound, 

14 Barataria, or Terrebonne Basin; and 

15 (ii) produces an environmental benefit 

16 to the coastal area of the State of Lou17 isiana; and 

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

19 project that— 

20 (i) is carried out in conjunction with 

21 a Mississippi River diversion project; and 

22 (ii) protects a major population area. 

23 (c) MODIFICATIONS.— 

24 (1) IN GENERAL.—In carrying out the program 

25 under subsection (a), the Secretary is authorized to 


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1 make modifications as necessary to the 5 near-term 

2 critical ecosystem restoration features identified in 

3 the report referred to in subsection (a), due to the 

4 impact of Hurricanes Katrina and Rita on the 

5 project areas. 

6 (2) INTEGRATION.—The Secretary shall ensure 

7 that the modifications under paragraph (1) are fully 

8 integrated with the analysis and design of com9 prehensive hurricane protection authorized by title I 

10 of the Energy and Water Development Appropria11 tions Act, 2006 (Public Law 109–103; 119 Stat. 

12 2247). 

13 (3) CONSTRUCTION.— 

14 (A) IN GENERAL.—The Secretary is au15 thorized to construct the projects modified 

16 under this subsection. 

17 (B) REPORTS.— 

18 (i) IN GENERAL.—Before beginning 

19 construction of the projects, the Secretary 

20 shall submit a report documenting any 

21 modifications to the 5 near-term projects, 

22 including cost changes, to the Louisiana 

23 Water Resources Council established by 

24 subsection (n)(1) (referred to in this sec25 tion as the ‘‘Council’’) for approval. 


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1 (ii) SUBMISSION TO CONGRESS.—On 

2 approval of a report under clause (i), the 

3 Council shall submit the report to the 

4 Committee on Environment and Public 

5 Works of the Senate and the Committee on 

6 Transportation and Infrastructure of the 

7 House of Representatives. 

8 (4) APPLICABILITY OF OTHER PROVISIONS.— 

9 Section 902 of the Water Resources Development 

10 Act of 1986 (33 U.S.C. 2280) shall not apply to the 

11 5 near-term projects authorized by this section. 

12 (d) DEMONSTRATION PROGRAM.— 

13 (1) IN GENERAL.—In carrying out the program 

14 under subsection (a), the Secretary is authorized to 

15 conduct a demonstration program within the appli16 cable project area to evaluate new technologies and 

17 the applicability of the technologies to the program. 

18 (2) COST LIMITATION.—The cost of an indi19 vidual project under this subsection shall be not 

20 more than $25,000,000. 

21 (e) BENEFICIAL USE OF DREDGED MATERIAL.— 

22 (1) IN GENERAL.—In carrying out the program 

23 under subsection (a), the Secretary is authorized to 

24 use such sums as are necessary to conduct a pro25 gram for the beneficial use of dredged material. 


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1 (2) CONSIDERATION.—In carrying out the pro2 gram under subsection (a), the Secretary shall con3 sider the beneficial use of sediment from the Illinois 

4 River System for wetlands restoration in wetlands5 depleted watersheds. 

6 (f) REPORTS.— 

7 (1) IN GENERAL.—Not later than December 31, 

8 2008, the Secretary shall submit to Congress feasi9 bility reports on the features included in table 3 of 

10 the report referred to in subsection (a). 

11 (2) PROJECTS IDENTIFIED IN REPORTS.— 

12 (A) IN GENERAL.—The Secretary shall 

13 submit the reports described in paragraph (1) 

14 to the Committee on Environment and Public 

15 Works of the Senate and the Committee on 

16 Transportation and Infrastructure of the House 

17 of Representatives. 

18 (B) CONSTRUCTION.—The Secretary shall 

19 be authorized to construct the projects identi20 fied in the reports at the time the Committees 

21 referred to in subparagraph (A) each adopt a 

22 resolution approving the project. 

23 (g) NONGOVERNMENTAL ORGANIZATIONS.—A non24 governmental organization shall be eligible to contribute 


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1 all or a portion of the non-Federal share of the cost of 

2 a project under this section. 

3 (h) COMPREHENSIVE PLAN.— 

4 (1) IN GENERAL.—The Secretary, in coordina5 tion with the Governor of the State of Louisiana, 

6 shall— 

7 (A) develop a plan for protecting, pre8 serving, and restoring the coastal Louisiana 

9 ecosystem; 

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

11 enactment of this Act, and every 5 years there12 after, submit to Congress the plan, or an up13 date of the plan; and 

14 (C) ensure that the plan is fully integrated 

15 with the analysis and design of comprehensive 

16 hurricane protection authorized by title I of the 

17 Energy and Water Development Appropriations 

18 Act, 2006 (Public Law 109–103; 119 Stat. 

19 2247). 

20 (2) INCLUSIONS.—The comprehensive plan 

21 shall include a description of— 

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

23 that provides for the comprehensive protection, 

24 conservation, and restoration of the wetlands, 

25 estuaries (including the Barataria-Terrebonne 


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1 estuary), barrier islands, shorelines, and related 

2 land and features of the coastal Louisiana eco3 system, including protection of a critical re4 source, habitat, or infrastructure from the ef5 fects of a coastal storm, a hurricane, erosion, or 

6 subsidence; 

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

8 or an improved technique, can be integrated 

9 into the program under subsection (a); 

10 (C) the role of other Federal agencies and 

11 programs in carrying out the program under 

12 subsection (a); and 

13 (D) specific, measurable ecological success 

14 criteria by which success of the comprehensive 

15 plan shall be measured. 

16 (3) CONSIDERATION.—In developing the com17 prehensive plan, the Secretary shall consider the ad18 visability of integrating into the program under sub19 section (a)— 

20 (A) a related Federal or State project car21 ried out on the date on which the plan is devel22 oped; 

23 (B) an activity in the Louisiana Coastal 

24 Area; or 


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1 (C) any other project or activity identified 

2 in— 

3 (i) the Mississippi River and Tribu4 taries program; 

5 (ii) the Louisiana Coastal Wetlands 

6 Conservation Plan; 

7 (iii) the Louisiana Coastal Zone Man8 agement Plan; or 

9 (iv) the plan of the State of Louisiana 

10 entitled ‘‘Coast 2050: Toward a Sustain11 able Coastal Louisiana’’. 

12 (i) TASK FORCE.— 

13 (1) ESTABLISHMENT.—There is established a 

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

15 Ecosystem Protection and Restoration Task Force’’ 

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

17 (2) MEMBERSHIP.—The Task Force shall con18 sist of the following members (or, in the case of the 

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

20 Assistant Secretary or an equivalent level): 

21 (A) The Secretary. 

22 (B) The Secretary of the Interior. 

23 (C) The Secretary of Commerce. 

24 (D) The Administrator of the Environ25 mental Protection Agency. 


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1 (E) The Secretary of Agriculture. 

2 (F) The Secretary of Transportation. 

3 (G) The Secretary of Energy. 

4 (H) The Secretary of Homeland Security. 

5 (I) 3 representatives of the State of Lou6 isiana appointed by the Governor of that State. 

7 (3) DUTIES.—The Task Force shall make rec8 ommendations to the Secretary regarding— 

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

10 projects, and activities for addressing conserva11 tion, protection, restoration, and maintenance 

12 of the coastal Louisiana ecosystem; 

13 (B) financial participation by each agency 

14 represented on the Task Force in conserving, 

15 protecting, restoring, and maintaining the 

16 coastal Louisiana ecosystem, including rec17 ommendations— 

18 (i) that identify funds from current 

19 agency missions and budgets; and 

20 (ii) for coordinating individual agency 

21 budget requests; and 

22 (C) the comprehensive plan under sub23 section (h). 

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

25 establish such working groups as the Task Force deVerDate Aug 31 2005 21:57 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4111.IS S4111

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1 termines to be necessary to assist the Task Force in 

2 carrying out this subsection. 

3 (5) NONAPPLICABILITY OF FACA.—The Federal 

4 Advisory Committee Act (5 U.S.C. App.) shall not 

5 apply to the Task Force or any working group of the 

6 Task Force. 

7 (j) SCIENCE AND TECHNOLOGY.— 

8 (1) IN GENERAL.—The Secretary shall establish 

9 a coastal Louisiana ecosystem science and tech10 nology program. 

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

12 established by paragraph (1) shall be— 

13 (A) to identify any uncertainty relating to 

14 the physical, chemical, geological, biological, 

15 and cultural baseline conditions in coastal Lou16 isiana; 

17 (B) to improve knowledge of the physical, 

18 chemical, geological, biological, and cultural 

19 baseline conditions in coastal Louisiana; and 

20 (C) to identify and develop technologies, 

21 models, and methods to carry out this sub22 section. 

23 (3) WORKING GROUPS.—The Secretary may es24 tablish such working groups as the Secretary deterVerDate Aug 31 2005 21:57 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4111.IS S4111

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1 mines to be necessary to assist the Secretary in car2 rying out this subsection. 

3 (4) CONTRACTS AND COOPERATIVE AGREE4 MENTS.—In carrying out this subsection, the Sec5 retary may enter into a contract or cooperative 

6 agreement with an individual or entity (including a 

7 consortium of academic institutions in Louisiana) 

8 with scientific or engineering expertise in the res9 toration of aquatic and marine ecosystems for coast10 al restoration and enhancement through science and 

11 technology. 

12 (k) ANALYSIS OF BENEFITS.— 

13 (1) IN GENERAL.—Notwithstanding section 209 

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

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

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

17 coastal Louisiana ecosystem, the Secretary may de18 termine that the environmental benefits provided by 

19 the program under this section outweigh the dis20 advantage of an activity under this section. 

21 (2) DETERMINATION OF COST-EFFECTIVE22 NESS.—If the Secretary determines that an activity 

23 under this section is cost-effective, no further eco24 nomic justification for the activity shall be required. 

25 (l) STUDIES.— 


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1 (1) DEGRADATION.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary, in consultation with the non-Federal interest, 

4 shall enter into a contract with the National Acad5 emy of Sciences under which the National Academy 

6 of Sciences shall carry out a study to identify— 

7 (A) the cause of any degradation of the 

8 Louisiana Coastal Area ecosystem that occurred 

9 as a result of an activity approved by the Sec10 retary; and 

11 (B) the sources of the degradation. 

12 (2) FINANCING.—On completion, and taking 

13 into account the results, of the study conducted 

14 under paragraph (1), the Secretary, in consultation 

15 with the non-Federal interest, shall study— 

16 (A) financing alternatives for the program 

17 under subsection (a); and 

18 (B) potential reductions in the expenditure 

19 of Federal funds in emergency responses that 

20 would occur as a result of ecosystem restoration 

21 in the Louisiana Coastal Area. 

22 (m) PROJECT MODIFICATIONS.— 

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

24 with any non-Federal interest, shall review each fed25 erally-authorized water resources project in the 


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1 coastal Louisiana area in existence on the date of 

2 enactment of this Act to determine whether— 

3 (A) each project is in accordance with the 

4 program under subsection (a); and 

5 (B) the project could contribute to eco6 system restoration under subsection (a) through 

7 modification of the operations or features of the 

8 project. 

9 (2) MODIFICATIONS.—Subject to paragraphs 

10 (3) and (4), the Secretary may carry out the modi11 fications described in paragraph (1)(B). 

12 (3) PUBLIC NOTICE AND COMMENT.—Before 

13 completing the report required under paragraph (4), 

14 the Secretary shall provide an opportunity for public 

15 notice and comment. 

16 (4) REPORT.— 

17 (A) IN GENERAL.—Before modifying an 

18 operation or feature of a project under para19 graph (1)(B), the Secretary shall submit to the 

20 Committee on Environment and Public Works 

21 of the Senate and the Committee on Transpor22 tation and Infrastructure of the House of Rep23 resentatives a report describing the modifica24 tion. 


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1 (B) INCLUSION.—A report under subpara2 graph (A) shall include such information relat3 ing to the timeline and cost of a modification 

4 as the Secretary determines to be relevant. 

5 (5) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

7 this subsection $10,000,000. 

8 (n) LOUISIANA WATER RESOURCES COUNCIL.— 

9 (1) ESTABLISHMENT.—There is established 

10 within the Mississippi River Commission, a subgroup 

11 to be known as the ‘‘Louisiana Water Resources 

12 Council’’. 

13 (2) PURPOSES.—The purposes of the Council 

14 are— 

15 (A) to manage and oversee each aspect of 

16 the implementation of a system-wide, com17 prehensive plan for projects of the Corps of En18 gineers (including the study, planning, engi19 neering, design, and construction of the projects 

20 or components of projects and the functions or 

21 activities of the Corps of Engineers relating to 

22 other projects) that addresses hurricane protec23 tion, flood control, ecosystem restoration, storm 

24 surge damage reduction, or navigation in the 


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1 Hurricanes Katrina and Rita disaster areas in 

2 the State of Louisiana; and 

3 (B) to demonstrate and evaluate a stream4 lined approach to authorization of water re5 sources projects to be studied, designed, and 

6 constructed by the Corps of Engineers. 

7 (3) MEMBERSHIP.— 

8 (A) IN GENERAL.—The president of the 

9 Mississippi River Commission shall appoint 

10 members of the Council, after considering rec11 ommendations of the Governor of Louisiana. 

12 (B) REQUIREMENTS.—The Council shall 

13 be composed of— 

14 (i) 2 individuals with expertise in 

15 coastal ecosystem restoration, including the 

16 interaction of saltwater and freshwater es17 tuaries; and 

18 (ii) 2 individual with expertise in geol19 ogy or civil engineering relating to hurri20 cane and flood damage reduction and navi21 gation. 

22 (C) CHAIRPERSON.—In addition to the 

23 members appointed under subparagraph (B), 

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1 cers of the Corps of Engineers of the Mis2 sissippi River Commission. 

3 (4) DUTIES.—With respect to modifications 

4 under subsection (c), the Council shall— 

5 (A) review and approve or disapprove the 

6 reports completed by the Secretary; and 

7 (B) on approval, submit the reports to the 

8 Committee on Environment and Public Works 

9 of the Senate and the Committee on Transpor10 tation and Infrastructure of the House of Rep11 resentatives. 

12 (5) TERMINATION.— 

13 (A) IN GENERAL.—The Council shall ter14 minate on the date that is 6 years after the 

15 date of enactment of this Act. 

16 (B) EFFECT.—Any project modification 

17 under subsection (c) that has not been approved 

18 by the Council and submitted to Congress by 

19 the date described in subparagraph (A) shall 

20 not proceed to construction before the date on 

21 which the modification is statutorily approved 

22 by Congress. 

23 (o) OTHER PROJECTS.— 

24 (1) IN GENERAL.—With respect to the projects 

25 identified in the analysis and design of comprehenVerDate Aug 31 2005 21:57 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4111.IS S4111

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1 sive hurricane protection authorized by title I of the 

2 Energy and Water Development Appropriations Act, 

3 2006 (Public Law 109–103; 119 Stat. 2247), the 

4 Secretary shall submit a report describing the 

5 projects to the Committee on Environment and Pub6 lic Works of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of 

8 Representatives. 

9 (2) CONSTRUCTION.—The Secretary shall be 

10 authorized to construct the projects at the time the 

11 Committees referred to in paragraph (1) each adopt 

12 a resolution approving the project. 

13 (p) REPORT.— 

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

15 the date of enactment of this Act, the Secretary 

16 shall submit to the Committee on Environment and 

17 Public Works of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives a report evaluating the alternative 

20 means of authorizing Corps of Engineers water re21 sources projects under subsections (c)(3), (f)(2), and 

22 (o)(2). 

23 (2) INCLUSIONS.—The report shall include a 

24 description of— 


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1 (A) the projects authorized and undertaken 

2 under this section; 

3 (B) the construction status of the projects; 

4 and 

5 (C) the benefits and environmental impacts 

6 of the projects. 

7 (3) EXTERNAL REVIEW.—The Secretary shall 

8 enter into a contract with the National Academy of 

9 Science to perform an external review of the dem10 onstration program under subsection (d), which shall 

11 be submitted to the Committee on Environment and 

12 Public Works of the Senate and the Committee on 

13 Transportation and Infrastructure of the House of 

14 Representatives. 

15 (q) NEW ORLEANS AND VICINITY.— 

16 (1) IN GENERAL.—The Secretary is author17 ized— 

18 (A) to raise levee heights as the Secretary 

19 determines to be necessary, and otherwise en20 hance the Lake Pontchartrain and Vicinity and 

21 the West Bank and Vicinity projects of the 

22 Corps of Engineers to provide levels of protec23 tion necessary to achieve the certification re24 quired for participation in the national flood in25 surance program under the base flood eleVerDate Aug 31 2005 21:57 Dec 14, 2006 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4111.IS S4111

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1 vations in existence at the time of construction 

2 of the enhancements; 

3 (B) to modify the 17th Street, Orleans Av4 enue, and London Avenue drainage canals and 

5 install pumps and closure structures at or near 

6 the lakefront at Lake Pontchartrain; 

7 (C) to armor critical elements of the New 

8 Orleans hurricane and storm damage reduction 

9 system; 

10 (D) to improve and otherwise modify the 

11 Inner Harbor Navigation Canal to increase the 

12 reliability of the flood protection system for 

13 New Orleans; 

14 (E) to replace or modify certain non-Fed15 eral levees in Plaquemines Parish, Louisiana, to 

16 incorporate the levees into the New Orleans to 

17 Venice hurricane protection project of the Corps 

18 of Engineers; 

19 (F) to reinforce or replace flood walls in 

20 the existing Lake Pontchartrain and Vicinity 

21 and West Bank and Vicinity projects of the 

22 Corps of Engineers to improve performance of 

23 the systems; 

24 (G) to perform 1-time storm-proofing of 

25 interior pump stations to ensure the operability 


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1 of the stations during hurricanes, storms, and 

2 high water events; 

3 (H) to repair, replace, modify, and improve 

4 non-Federal levees and associated protection 

5 measures in Terrebonne Parish, Louisiana; 

6 (I) to reduce the risk of storm damage to 

7 the greater New Orleans metropolitan area by 

8 restoring the surrounding wetlands through— 

9 (i) measures to reverse wetland losses 

10 in areas affected by navigation, oil and 

11 gas, and other channels; and 

12 (ii) modification of the Caernarvon 

13 Freshwater Diversion structure or its oper14 ations; and 

15 (J) to develop a comprehensive plan to de16 authorize deep draft navigation on the Mis17 sissippi River Gulf Outlet, Louisiana, extending 

18 from the Gulf of Mexico to the Gulf Intra19 coastal Waterway, on the condition that, in de20 veloping the plan, the Secretary shall include 

21 options— 

22 (i) to deauthorize deep draft naviga23 tion; 


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1 (ii) to discontinue operations and 

2 maintenance dredging for deep draft navi3 gation; and 

4 (iii) to restore, protect, and preserve 

5 the ecosystem surrounding the Mississippi 

6 River Gulf Outlet. 

7 (2) FUNDING.—Each activity carried out under 

8 paragraph (1) shall be carried out in accordance 

9 with the cost-sharing requirements described in the 

10 Emergency Supplemental Appropriations Act for 

11 Defense, the Global War on Terror, and Hurricane 

12 Recovery, 2006 (Public Law 109–234; 120 Stat. 

13 418). 

14 (3) CONDITIONS.— 

15 (A) IN GENERAL.—The Secretary shall 

16 submit to the Committee on Environment and 

17 Public Works of the Senate and the Committee 

18 on Transportation and Infrastructure of the 

19 House of Representatives a notice in any case 

20 in which estimates for the expenditure of funds 

21 on any single project or activity described in 

22 paragraph (1) exceeds the amount specified for 

23 that project or activity in the Emergency Sup24 plemental Appropriations Act for Defense, the 


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1 Global War on Terror, and Hurricane Recovery, 

2 2006 (Public Law 109–234; 120 Stat. 418). 

3 (B) APPROVAL REQUIRED.—No appropria4 tion in excess of an amount equal to 25 percent 

5 more than the amount specified for a project or 

6 activity in the Emergency Supplemental Appro7 priations Act for Defense, the Global War on 

8 Terror, and Hurricane Recovery, 2006 (Public 

9 Law 109–234; 120 Stat. 418) shall be made 

10 until an increase in the level of expenditure has 

11 been approved by resolutions adopted by the 

12 Committees referred to in subparagraph (A). 

13 (4) REPORT.— 

14 (A) IN GENERAL.—Not later than 120 

15 days after the date of enactment of this Act, 

16 the Secretary shall submit to the Committee on 

17 Environment and Public Works of the Senate 

18 and the Committee on Transportation and In19 frastructure of the House of Representatives a 

20 report describing any modifications to the 

21 project for flood damage reduction, Larose to 

22 Golden Meadow, Louisiana, necessary to 

23 achieve the certification necessary for participa24 tion in the national flood insurance program. 

25 (B) MODIFICATIONS.— 


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1 (i) IN GENERAL.—The Secretary may 

2 carry out a modification recommended in 

3 the report under subparagraph (A) if the 

4 total cost of the modification does not ex5 ceed $90,000,000. 

6 (ii) FUNDING.—No funds shall be 

7 available to construct any modification 

8 under clause (i) until the report under sub9 paragraph (A) is approved by resolutions 

10 adopted by the Committee on Environment 

11 and Public Works of the Senate and the 

12 Committee on Transportation and Infra13 structure of the House of Representatives. 

14 (iii) EXCESS COST.—If the total cost 

15 of a modification recommended in the re16 port under subparagraph (A) is greater 

17 than $90,000,000, the report shall be con18 sidered to be a report on a component area 

19 of the larger protection program under the 

20 analysis and design of the comprehensive 

21 hurricane protection authorized by title I 

22 of the Energy and Water Development Ap23 propriations Act, 2006 (Public Law 109– 

24 103; 119 Stat. 2247). 

25 (5) CONSOLIDATION.— 


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1 (A) IN GENERAL.—The Secretary may 

2 consolidate the flood damage reduction projects 

3 in Lower Jefferson Parish, Louisiana, identified 

4 for implementation under section 205 of the 

5 Flood Control Act of 1948 (33 U.S.C. 701s) as 

6 of the date of enactment of this Act. 

7 (B) IMPLEMENTATION.—The Secretary 

8 may implement the projects consolidated under 

9 subparagraph (A) if the total cost of imple10 menting the projects does not exceed 

11 $100,000,000. 

12 (C) EXCESS COSTS.—If the total cost of 

13 implementing the projects consolidated under 

14 subparagraph (A) is greater than 

15 $100,000,000, the project for flood control, 

16 Lower Jefferson Parish, Louisiana, shall be 

17 considered to be a report on a component area 

18 of the larger protection program under the 

19 analysis and design of the comprehensive hurri20 cane protection authorized by title I of the En21 ergy and Water Development Appropriations 

22 Act, 2006 (Public Law 109–103; 119 Stat. 

23 2247). 


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1 SEC. 4. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS 

2 AND LOUISIANA. 

3 (a) IN GENERAL.—Section 204 of the Flood Control 

4 Act of 1950 (64 Stat. 170) is amended in the matter 

5 under the heading ‘‘RED-OUACHITA RIVER BASIN’’ 

6 by striking ‘‘at Calion, Arkansas’’ and inserting ‘‘improve7 ments at Calion, Arkansas (including authorization for the 

8 comprehensive flood-control project for Ouachita River 

9 and tributaries, incorporating in the project all flood con10 trol, drainage, and power improvements in the basin above 

11 the lower end of the left bank Ouachita River levee)’’. 

12 (b) MODIFICATION.—Section 3 of the Act of August 

13 18, 1941 (55 Stat. 642, chapter 377), is amended in the 

14 second sentence of subsection (a) in the matter under the 

15 heading ‘‘LOWER MISSISSIPPI RIVER’’ by inserting 

16 before the period at the end the following: ‘‘Provided, That 

17 the Ouachita River Levees, Louisiana, authorized by the 

18 first section of the Act of May 15, 1928 (45 Stat. 534, 

19 chapter 569), shall remain as a component of the Mis20 sissippi River and Tributaries Project and afforded oper21 ation and maintenance responsibilities as directed in sec22 tion 3 of that Act (45 Stat. 535)’’. 

23 SEC. 5. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY 

24 SYSTEM, LOUISIANA. 

25 (a) IN GENERAL.—The public access feature of the 

26 Atchafalaya Basin Floodway System, Louisiana project, 


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1 authorized by section 601(a) of the Water Resources De2 velopment Act of 1986 (100 Stat. 4142), is modified to 

3 authorize the Secretary to acquire from willing sellers the 

4 fee interest (exclusive of oil, gas, and minerals) of an addi5 tional 20,000 acres of land in the Lower Atchafalaya 

6 Basin Floodway for the public access feature of the 

7 Atchafalaya Basin Floodway System, Louisiana project. 

8 (b) MODIFICATION.— 

9 (1) IN GENERAL.—Subject to paragraph (2), ef10 fective beginning November 17, 1986, the public ac11 cess feature of the Atchafalaya Basin Floodway Sys12 tem, Louisiana project, is modified to remove the 

13 $32,000,000 limitation on the maximum Federal ex14 penditure for the first costs of the public access fea15 ture. 

16 (2) FIRST COST.—The authorized first cost of 

17 $250,000,000 for the total project (as defined in 

18 section 601(a) of the Water Resources Development 

19 Act of 1986 (100 Stat. 4142)) shall not be exceeded, 

20 except as authorized by section 902 of that Act (100 

21 Stat. 4183). 

22 (c) TECHNICAL AMENDMENT.—Section 315(a)(2) of 

23 the Water Resources Development Act of 2000 (114 Stat. 

24 2603) is amended by inserting before the period at the 


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1 end the following: ‘‘and may include Eagle Point Park, 

2 Jeanerette, Louisiana, as 1 of the alternative sites’’. 

3 SEC. 6. REGIONAL VISITOR CENTER, ATCHAFALAYA BASIN 

4 FLOODWAY SYSTEM, LOUISIANA. 

5 (a) PROJECT FOR FLOOD CONTROL.—Notwith6 standing paragraph (3) of the report of the Chief of Engi7 neers dated February 28, 1983 (relating to recreational 

8 development in the Lower Atchafalaya Basin Floodway), 

9 the Secretary shall carry out the project for flood control, 

10 Atchafalaya Basin Floodway System, Louisiana, author11 ized by chapter IV of title I of the Act of August 15, 1985 

12 (Public Law 99–88; 99 Stat. 313; 100 Stat. 4142). 

13 (b) VISITORS CENTER.— 

14 (1) IN GENERAL.—The Secretary, acting 

15 through the Chief of Engineers and in consultation 

16 with the State of Louisiana, shall study, design, and 

17 construct a type A regional visitors center in the vi18 cinity of Morgan City, Louisiana. 

19 (2) COST SHARING.— 

20 (A) IN GENERAL.—The cost of construc21 tion of the visitors center shall be shared in ac22 cordance with the recreation cost-share require23 ment under section 103(c) of the Water Re24 sources Development Act of 1986 (33 U.S.C. 

25 2213(c)). 


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1 (B) COST OF UPGRADING.—The non-Fed2 eral share of the cost of upgrading the visitors 

3 center from a type B to type A regional visitors 

4 center shall be 100 percent. 

5 (3) AGREEMENT.—The project under this sub6 section shall be initiated only after the Secretary 

7 and the non-Federal interests enter into a binding 

8 agreement under which the non-Federal interests 

9 shall— 

10 (A) provide any land, easement, right-of11 way, or dredged material disposal area required 

12 for the project that is owned, claimed, or con13 trolled by— 

14 (i) the State of Louisiana (including 

15 agencies and political subdivisions of the 

16 State); or 

17 (ii) any other non-Federal government 

18 entity authorized under the laws of the 

19 State of Louisiana; 

20 (B) pay 100 percent of the cost of the op21 eration, maintenance, repair, replacement, and 

22 rehabilitation of the project; and 

23 (C) hold the United States free from liabil24 ity for the construction, operation, maintenance, 

25 repair, replacement, and rehabilitation of the 


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1 project, except for damages due to the fault or 

2 negligence of the United States or a contractor 

3 of the United States. 

4 (4) DONATIONS.—In carrying out the project 

5 under this subsection, the Mississippi River Commis6 sion may accept the donation of cash or other funds, 

7 land, materials, and services from any non-Federal 

8 government entity or nonprofit corporation, as the 

9 Commission determines to be appropriate. 

10 SEC. 7. CALCASIEU RIVER AND PASS, LOUISIANA. 

11 The project for the Calcasieu River and Pass, Lou12 isiana, authorized by section 101 of the River and Harbor 

13 Act of 1960 (74 Stat. 481), is modified to authorize the 

14 Secretary to provide $3,000,000 for each fiscal year, in 

15 a total amount of $15,000,000, for such rock bank protec16 tion of the Calcasieu River from mile 5 to mile 16 as the 

17 Chief of Engineers determines to be advisable to reduce 

18 maintenance dredging needs and facilitate protection of 

19 valuable disposal areas for the Calcasieu River and Pass, 

20 Louisiana. 

21 SEC. 8. EAST BATON ROUGE PARISH, LOUISIANA. 

22 The project for flood damage reduction and recre23 ation, East Baton Rouge Parish, Louisiana, authorized by 

24 section 101(a)(21) of the Water Resources Development 

25 Act of 1999 (113 Stat. 277), as amended by section 116 


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1 of the Consolidated Appropriations Resolution, 2003 (117 

2 Stat. 140), is modified to authorize the Secretary to carry 

3 out the project substantially in accordance with the Report 

4 of the Chief of Engineers dated December 23, 1996, and 

5 the subsequent Post Authorization Change Report dated 

6 December 2004, at a total cost of $178,000,000. 

7 SEC. 9. MISSISSIPPI RIVER GULF OUTLET RELOCATION AS8 SISTANCE, LOUISIANA. 

9 (a) PORT FACILITIES RELOCATION.— 

10 (1) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated 

12 $175,000,000, to remain available until expended, to 

13 support the relocation of Port of New Orleans deep 

14 draft facilities from the Mississippi River Gulf Out15 let (referred to in this section as the ‘‘Outlet’’), the 

16 Gulf Intercoastal Waterway, and the Inner Harbor 

17 Navigation Canal to the Mississippi River. 

18 (2) ADMINISTRATION.— 

19 (A) IN GENERAL.—Amounts appropriated 

20 pursuant to paragraph (1) shall be adminis21 tered by the Assistant Secretary for Economic 

22 Development (referred to in this section as the 

23 ‘‘Assistant Secretary’’) pursuant to sections 

24 209(c)(2) and 703 of the Public Works and 


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1 Economic Development Act of 1965 (42 U.S.C. 

2 3149(c)(2), 3233). 

3 (B) REQUIREMENT.—The Assistant Sec4 retary shall make amounts appropriated pursu5 ant to paragraph (1) available to the Port of 

6 New Orleans to relocate to the Mississippi 

7 River within the State of Louisiana the port8 owned facilities that are occupied by businesses 

9 in the vicinity that may be impacted due to the 

10 treatment of the Outlet under the analysis and 

11 design of comprehensive hurricane protection 

12 authorized by title I of the Energy and Water 

13 Development Appropriations Act, 2006 (Public 

14 Law 109–103; 119 Stat. 2247). 

15 (b) REVOLVING LOAN FUND GRANTS.—There is au16 thorized to be appropriated to the Assistant Secretary 

17 $185,000,000, to remain available until expended, to pro18 vide assistance pursuant to sections 209(c)(2) and 703 of 

19 the Public Works and Economic Development Act of 1965 

20 (42 U.S.C. 3149(c)(2), 3233) to 1 or more eligible recipi21 ents to establish revolving loan funds to make loans for 

22 terms up to 20 years at or below market interest rates 

23 (including interest-free loans) to private businesses within 

24 the Port of New Orleans that may need to relocate to the 

25 Mississippi River within the State of Louisiana due to the 


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1 treatment of the Outlet under the analysis and design of 

2 comprehensive hurricane protection authorized by title I 

3 of the Energy and Water Development Appropriations 

4 Act, 2006 (Public Law 109–103; 119 Stat. 2247). 

5 (c) COORDINATION WITH SECRETARY.—The Assist6 ant Secretary shall ensure that the programs described in 

7 subsections (a) and (b) are fully coordinated with the Sec8 retary to ensure that facilities are relocated in a manner 

9 that is consistent with the analysis and design of com10 prehensive hurricane protection authorized by title I of the 

11 Energy and Water Development Appropriations Act, 2006 

12 (Public Law 109–103; 119 Stat. 2247). 

13 (d) ADMINISTRATIVE EXPENSES.—The Assistant 

14 Secretary may use up to 2 percent of the amounts made 

15 available under subsections (a) and (b) for administrative 

16 expenses. 

17 SEC. 10. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, 

18 LOUISIANA. 

19 The project for mitigation of fish and wildlife losses, 

20 Red River Waterway, Louisiana, authorized by section 

21 601(a) of the Water Resources Development Act of 1986 

22 (100 Stat. 4142) and modified by section 4(h) of the 

23 Water Resources Development Act of 1988 (102 Stat. 

24 4016), section 102(p) of the Water Resources Develop25 ment Act of 1990 (104 Stat. 4613), section 301(b)(7) of 


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1 the Water Resources Development Act of 1996 (110 Stat. 

2 3710), and section 316 of the Water Resources Develop3 ment Act of 2000 (114 Stat. 2604), is further modified— 

4 (1) to authorize the Secretary to carry out the 

5 project at a total cost of $33,200,000; 

6 (2) to permit the purchase of marginal farm7 land for reforestation (in addition to the purchase of 

8 bottomland hardwood); and 

9 (3) to incorporate wildlife and forestry manage10 ment practices to improve species diversity on miti11 gation land that meets habitat goals and objectives 

12 of the Corps of Engineers and the State of Lou13 isiana. 

14 SEC. 11. VIDALIA PORT, LOUISIANA. 

15 The Secretary shall conduct a study to determine the 

16 feasibility of carrying out a project for navigation improve17 ment at Vidalia, Louisiana. 

Æ 


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