340 
(4) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Coastal Louisiana Ecosystem Protection 
and Restoration Task Force established by section 
7003. 
SEC. 7002. COMPREHENSIVE PLAN. 
(a) IN GENERAL.—The Secretary, in coordination 
with the Governor, shall develop a comprehensive plan for 
protecting, preserving, and restoring the coastal Louisiana 
ecosystem. 
(b) INTEGRATION OF PLAN INTO COMPREHENSIVE 
HURRICANE PROTECTION STUDY.—In developing the 
comprehensive plan, the Secretary shall integrate the plan 
into the analysis and design of the comprehensive hurri-
cane protection study authorized by title I of the Energy 
and Water Development Appropriations Act, 2006 (Public 
Law 109–103; 119 Stat. 2247). 
(c) CONSISTENCY WITH COMPREHENSIVE COASTAL 
PROTECTION MASTER PLAN.—In developing the com-
prehensive plan, the Secretary shall ensure that the plan 
is consistent with the goals, analysis, and design of the 
comprehensive coastal protection master plan authorized 
and defined pursuant to Act 8 of the First Extraordinary 
Session of the Louisiana State Legislature, 2005, includ-
ing— 
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(1) investigation and study of the maximum ef-
fective use of the water and sediment of the Mis-
sissippi and Atchafalaya Rivers for coastal restora-
tion purposes consistent with flood control and navi-
gation; 
(2) a schedule for the design and implementa-
tion of large-scale water and sediment reintroduction 
projects and an assessment of funding needs from 
any source; and 
(3) an investigation and assessment of alter-
ations in the operation of the Old River Control 
Structure, consistent with flood control and naviga-
tion purposes. 
(d) INCLUSIONS.—The comprehensive plan shall in-
clude a description of— 
(1) the framework of a long-term program inte-
grated with hurricane and storm damage reduction, 
flood damage reduction, and navigation activities 
that provide for the comprehensive protection, con-
servation, and restoration of the wetlands, estuaries 
(including the Barataria-Terrebonne estuary), bar-
rier islands, shorelines, and related land and fea-
tures of the coastal Louisiana ecosystem, including 
protection of critical resources, habitat, and infra-
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structure from the effects of a coastal storm, a hur-
ricane, erosion, or subsidence; 
(2) the means by which a new technology, or an 
improved technique, can be integrated into the pro-
gram referred to in paragraph (1); 
(3) the role of other Federal and State agencies 
and programs in carrying out such program; 
(4) specific, measurable ecological success cri-
teria by which success of the plan will be measured; 
and 
(5) proposed projects in order of priority as de-
termined by their respective potential to contribute 
to— 
(A) creation of coastal wetlands; and 
(B) flood protection of communities ranked 
by population density and level of protection. 
(e) CONSIDERATIONS.—In developing the comprehen-
sive plan, the Secretary shall consider the advisability of 
integrating into the program referred to in subsection 
(d)(1)— 
(1) any related Federal or State project being 
carried out on the date on which the plan is devel-
oped; 
(2) any activity in the Plan; or 
(3) any other project or activity identified in— 
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(A) the Mississippi River and Tributaries 
program; 
(B) the Louisiana Coastal Wetlands Con-
servation Plan; 
(C) the Louisiana Coastal Zone Manage-
ment Plan; or 
(D) the plan of the State of Louisiana en-
titled ‘‘Coast 2050: Toward a Sustainable 
Coastal Louisiana’’. 
(f) REPORTS TO CONGRESS.— 
(1) INITIAL REPORT.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall submit to Congress a report containing 
the comprehensive plan. 
(2) UPDATES.—Not later that 5 years after the 
date of submission of a report under paragraph (1), 
and at least once every 5 years thereafter until im-
plementation of the comprehensive plan is complete, 
the Secretary shall submit to Congress a report con-
taining an update of the plan and an assessment of 
the progress made in implementing the plan. 
SEC. 7003. LOUISIANA COASTAL AREA. 
(a) IN GENERAL.—The Secretary may carry out a 
program for ecosystem restoration, Louisiana Coastal 
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Area, Louisiana, substantially in accordance with the re-
port of the Chief of Engineers, dated January 31, 2005. 
(b) PRIORITIES.— 
(1) IN GENERAL.—In carrying out the program 
under subsection (a), the Secretary shall give pri-
ority to— 
(A) any portion of the program identified 
in the report described in subsection (a) as a 
critical restoration feature; 
(B) any Mississippi River diversion project 
that— 
(i) will protect a major population 
area of the Pontchartain, Pearl, Breton 
Sound, Barataria, or Terrebonne basins; 
and 
(ii) will produce an environmental 
benefit to the coastal Louisiana ecosystem; 
(C) any barrier island, or barrier shoreline, 
project that— 
(i) will be carried out in conjunction 
with a Mississippi River diversion project; 
and 
(ii) will protect a major population 
area; 
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(D) any project that will reduce storm 
surge and prevent or reduce the risk of loss of 
human life and the risk to public safety; and 
(E) a project to physically modify the Mis-
sissippi River-Gulf outlet and to restore the 
areas affected by the Mississippi River-Gulf 
outlet in accordance with the comprehensive 
plan to be developed under section 7002(a), 
subject to the conditions and recommendations 
in a final report of the Chief of Engineers. 
SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION 
AND RESTORATION TASK FORCE. 
(a) ESTABLISHMENT.—There is established a task 
force to be known as the Coastal Louisiana Ecosystem 
Protection and Restoration Task Force (in this section re-
ferred to as the ‘‘Task Force’’). 
(b) MEMBERSHIP.—The Task Force shall consist of 
the following members (or, in the case of the head of a 
Federal agency, a designee at the level of Assistant Sec-
retary 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. 
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(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 Depart-
ment of Natural Resources. 
(12) A representative of the Governor’s Advi-
sory Commission on Coastal Restoration and Con-
servation. 
(c) DUTIES.—The Task Force shall make rec-
ommendations to the Secretary regarding— 
(1) 
policies, 
strategies, 
plans, 
programs, 
projects, and activities for addressing conservation, 
protection, restoration, and maintenance of the 
coastal Louisiana ecosystem; 
(2) financial participation by each agency rep-
resented on the Task Force in conserving, pro-
tecting, restoring, and maintaining the coastal Lou-
isiana ecosystem, including recommendations— 
(A) that identify funds from current agen-
cy missions and budgets; and 
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(B) for coordinating individual agency 
budget requests; and 
(3) the comprehensive plan to be developed 
under section 7002(a). 
(d) REPORT.—The Task Force shall submit to Con-
gress a biennial report that summarizes the activities of 
the Task Force. 
(e) WORKING GROUPS.— 
(1) GENERAL
AUTHORITY.—The Task Force 
may establish such working groups as the Task 
Force determines to be necessary to assist the Task 
Force in carrying out this section. 
(2) HURRICANES KATRINA AND RITA.— 
(A) IN GENERAL.—The Task Force may 
establish a working group for the purpose of 
advising the Task Force of opportunities to in-
tegrate the planning, engineering, design, im-
plementation, and performance of Corps of En-
gineers projects for hurricane and storm dam-
age reduction, flood damage reduction, eco-
system restoration, and navigation in those 
areas in Louisiana for which a major disaster 
has been declared by the President as a result 
of Hurricane Katrina or Rita. 
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348 
(B) EXPERTISE; 
REPRESENTATION.—In 
establishing the working group under subpara-
graph (A), the Task Force shall ensure that the 
group— 
(i) has expertise in coastal estuaries, 
diversions, coastal restoration and wetlands 
protection, ecosystem restoration, hurri-
cane protection, storm damage reduction 
systems, navigation, and ports; and 
(ii) represents the State of Louisiana 
and local governments in south Louisiana. 
(f) COMPENSATION.—Members of the Task Force 
and members of a working group established by the Task 
Force may not receive compensation for their services as 
members of the Task Force or working group, as the case 
may be. 
(g) TRAVEL EXPENSES.—Travel expenses incurred 
by members of the Task Force and members of a working 
group established by the Task Force, in the performance 
of their service on the Task Force or working group, as 
the case may be, shall be paid by the agency or entity 
that the member represents. 
(h) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
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349 
the Task Force or any working group established by the 
Task Force. 
SEC. 7005. PROJECT MODIFICATIONS. 
(a) REVIEW.—The Secretary, in cooperation with the 
non-Federal interest of the project involved, shall review 
each Federally-authorized water resources project in the 
coastal Louisiana ecosystem being carried out or com-
pleted as of the date of enactment of this Act to determine 
whether the project needs to be modified— 
(1) under the program authorized by section 
7003; or 
(2) to contribute to ecosystem restoration under 
section 7003. 
(b) MODIFICATIONS.—Subject to subsections (c) and 
(d), the Secretary may carry out the modifications de-
scribed in subsection (a). 
(c) PUBLIC NOTICE AND COMMENT.—Before com-
pleting the report required under subsection (d), the Sec-
retary shall provide an opportunity for public notice and 
comment. 
(d) REPORT.— 
(1) IN GENERAL.—Before modifying an oper-
ation or feature of a project under subsection (b), 
the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of 
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Representatives and the Committee on Environment 
and Public Works of the Senate a report describing 
the modification. 
(2) INCLUSION.—A report describing a modi-
fication under paragraph (1) shall include such in-
formation relating to the timeline for and cost of the 
modification, as the Secretary determines to be rel-
evant. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000. 
SEC. 7006. CONSTRUCTION. 
(a) SCIENCE AND TECHNOLOGY.— 
(1) IN
GENERAL.—The Secretary shall carry 
out a coastal Louisiana ecosystem program substan-
tially in accordance with the Plan, at a total cost of 
$100,000,000. 
(2) PURPOSES.—The purposes of the program 
under paragraph (1) shall be— 
(A) to identify any uncertainty relating to 
the physical, chemical, geological, biological, 
and cultural baseline conditions in coastal Lou-
isiana ecosystem; 
(B) to improve knowledge of the physical, 
chemical, geological, biological, and cultural 
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baseline conditions in coastal Louisiana eco-
system; and 
(C) to identify and develop technologies, 
models, and methods to carry out this sub-
section. 
(3) WORKING GROUPS.—The Secretary may es-
tablish such working groups as the Secretary deter-
mines to be necessary to assist the Secretary in car-
rying out this subsection. 
(4) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—In carrying out this subsection, the Sec-
retary may enter into a contract or cooperative 
agreement with an individual or entity (including a 
consortium of academic institutions in Louisiana) 
with scientific or engineering expertise in the res-
toration of aquatic and marine ecosystems for coast-
al restoration and enhancement through science and 
technology. 
(b) DEMONSTRATION PROJECTS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may carry out demonstration projects 
substantially in accordance with the Plan and within 
the coastal Louisiana ecosystem for the purpose of 
resolving critical areas of scientific or technological 
uncertainty related to the implementation of the 
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comprehensive plan to be developed under section 
7002(a). 
(2) MAXIMUM COST.— 
(A) TOTAL COST.—The total cost for plan-
ning, design, and construction of all projects 
under 
this 
subsection 
shall 
not 
exceed 
$100,000,000. 
(B) INDIVIDUAL PROJECT.—The total cost 
of an individual project under this subsection 
shall not exceed $25,000,000. 
(c) INITIAL PROJECTS.— 
(1) IN GENERAL.—The Secretary is authorized 
to carry out the following projects substantially in 
accordance with the Plan: 
(A) Mississippi River Gulf Outlet environ-
mental 
restoration 
at 
a 
total 
cost 
of 
$105,300,000. 
(B) Small diversion at Hope Canal at a 
total cost of $68,600,000. 
(C) Barataria basin barrier shoreline res-
toration at a total cost of $242,600,000. 
(D) Small Bayou Lafourche reintroduction 
at a total cost of $133,500,000. 
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(E) Medium diversion at Myrtle Grove 
with dedicated dredging at a total cost of 
$278,300,000. 
(2) MODIFICATIONS.— 
(A) IN GENERAL.—In carrying out each 
project under paragraph (1), the Secretary shall 
carry out such modifications as may be nec-
essary to the ecosystem restoration features 
identified in the Plan to address the impacts of 
Hurricanes Katrina and Rita on the areas of 
the project. 
(B) INTEGRATION.—The Secretary shall 
ensure that each modification under subpara-
graph (A) is taken into account in conducting 
the study of comprehensive hurricane protection 
authorized by title I of the Energy and Water 
Development Appropriations Act, 2006 (119 
Stat. 2247). 
(3) CONSTRUCTION REPORTS.—Before the Sec-
retary may begin construction of any project under 
this subsection, the Secretary shall submit a report 
documenting any modifications to the project, in-
cluding cost changes, to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
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atives and the Committee on Environment and Pub-
lic Works of the Senate. 
(4) APPLICABILITY OF OTHER PROVISIONS.— 
Notwithstanding section 902 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2280), the cost 
of a project described in paragraph (1) and any 
modifications to the project shall not exceed 150 
percent of the cost of such project set forth in para-
graph (1). 
(d) BENEFICIAL USE OF DREDGED MATERIAL.—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 $100,000,000. 
(e) ADDITIONAL PROJECTS.— 
(1) IN GENERAL.—The Secretary is authorized 
to carry out a project for ecosystem restoration for 
the Chenier Plain, Louisiana, and the following 
projects referred to in the Plan if the Secretary de-
termines such projects are feasible: 
(A) Land Bridge between Caillou Lake and 
the Gulf of Mexico at a total cost of 
$56,300,000. 
(B) Gulf Shoreline at Point Au Fer Island 
at a total cost of $43,400,000. 
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(C) Modification of Caernarvon Diversion 
at a total cost of $20,700,000. 
(D) Modification of Davis Pond Diversion 
at a total cost of $64,200,000. 
(2) REPORTS.—Not later than December 31, 
2009, the Secretary shall submit feasibility reports 
on the projects described in paragraph (1) to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate. 
(3) CONSTRUCTION.—No appropriations shall 
be made to construct any project under this sub-
section if the report under paragraph (2) has not 
been approved by resolutions adopted by the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate. 
SEC. 7007. NON-FEDERAL COST SHARE. 
(a) CREDIT.—The Secretary shall credit toward the 
non-Federal share of the cost of a study or project under 
this title the cost of work carried out in the coastal Lou-
isiana ecosystem by the non-Federal interest before the 
date of the execution of the partnership agreement for the 
study or project if the Secretary determines that the work 
is integral to the study or project. 
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(b) SOURCES OF FUNDS.—The non-Federal interest 
may use, and the Secretary shall accept, funds provided 
under any other Federal program to satisfy, in whole or 
in part, the non-Federal share of the construction of any 
project carried out under this section if such funds are 
authorized to be used to carry out such project. 
(c) TREATMENT OF CREDIT BETWEEN PROJECTS.— 
Any credit provided under this section toward the non- 
Federal share of the cost of a study or project under this 
title may be applied toward the non-Federal share of the 
cost of any other study or project under this title. 
(d) PERIODIC MONITORING.— 
(1) IN GENERAL.—To ensure that the contribu-
tions of the non-Federal interest equal the non-Fed-
eral share of the cost of a study or project under 
this title during each 5-year period beginning after 
the date of commencement of the first study or 
project under this title, the Secretary shall— 
(A) monitor for each study or project 
under this title the non-Federal provision of 
cash, in-kind services and materials, and land, 
easements, rights-of-way, relocations, and dis-
posal areas; and 
(B) manage the requirement of the non- 
Federal interest to provide for each such study 
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or 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, preconstruction engineering and 
design phase, and planning phase for each project 
authorized on or after date of enactment of this Act 
for all or any portion of the coastal Louisiana eco-
system. 
(e) 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. 7008. 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 activ-
ity 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 en-
vironmental benefits derived by the coastal Lou-
isiana ecosystem; and 
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(2) no further economic justification for the 
project or activity is required if the Secretary deter-
mines that the project or activity is cost effective. 
(b) LIMITATION ON APPLICABILITY.—Subsection (a) 
shall not apply to any separable element of a project in-
tended to produce benefits that are predominantly unre-
lated to the protection, preservation, and restoration of the 
coastal Louisiana ecosystem. 
SEC. 7009. INDEPENDENT REVIEW. 
The Secretary shall establish the Louisiana Water 
Resources Council which shall serve as the exclusive peer 
review panel for projects under this title as required by 
section 2037 of this Act. 
SEC. 7010. EXPEDITED REPORTS. 
The Secretary shall expedite completion of the re-
ports for the following projects and, if the Secretary deter-
mines that a project is justified in the completed report, 
proceed directly to project preconstruction engineering 
and design: 
(1) The projects identified in the study of com-
prehensive hurricane protection authorized by title I 
of the Energy and Water Development Appropria-
tions Act, 2006 (119 Stat. 2447). 
(2) A project for ecosystem restoration for the 
Chenier Plain, Louisiana. 
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