§3952 Priority Louisiana Coastal Wetlands Restoration Projects

Summary

The Secretary must bring together the Task Force within 45 days after November 29, 1990 to make a ranked list of Louisiana coastal wetlands restoration projects. The list must be finished and sent to Congress within one year after November 29, 1990 and then updated every year. Each project on the list needs a map or location, a short explanation of why it’s listed, what work will be done, who is the lead Task Force member, who else is involved, how long it will take, and how much it will cost. Before the big restoration plan takes effect, only projects that can be mostly finished within five years may be listed. After the plan is in effect, only projects in the plan may be listed. The Task Force can vote to make the list, but the lead member for any project must agree it is cost-effective and sound. Projects that might affect navigation or flood control on the lower Mississippi must follow section 3953. Each annual list must include a project status report and a Treasury statement of funds available. The Secretary will split available funds under section 3955 among Task Force members based on need. The Task Force must also finish a statewide restoration plan within three years from November 29, 1990. The plan must organize and coordinate projects, use earlier federal and state studies, name the coastal areas needing work, list and rank high-priority projects, give project details (activities, benefits, schedule, cost, and lead member), allow public review, and include ways to judge success. The Secretary sends the plan to Congress and it becomes effective 90 days after submission. The Task Force must report to Congress with a scientific review at least every three years after the plan is done. Projects that the Task Force finds to significantly help wetlands can be treated as having benefits that exceed their costs where the law requires. Other navigation, flood control, or irrigation work must be consistent with the plan. The Secretary will fund projects in priority order but only when there are conditions to protect long-term conservation. Federal funding normally pays 75% of a project’s cost. If the State has an approved Coastal Wetlands Conservation Plan under section 3953, the federal share is 85%, but it can go back to 75% if the State fails to implement the plan after notice and a 90-day chance to fix it. The State must supply a non-Federal share, including at least 5% cash; the rest may be lands, easements, or other in-kind items. Existing cost-sharing deals for Caernarvon, Davis Pond, and Bonnet Carre freshwater diversions stay the same. For calendar years 1996 and 1997, the federal share may be 90% if the conservation plan is approved and the Secretary finds a reduced non-Federal share is justified.