[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4111 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Louisiana Water Resources Projects
Act of 2006''.
SEC. 2. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--Except as otherwise provided in
this section, the following projects for water resources development
and conservation and other purposes are authorized to be carried out by
the Secretary of the Army (referred to in this Act as the
``Secretary'') substantially in accordance with the plans, and subject
to the conditions, described in the respective reports designated in
this section:
(1) Bayou sorrel lock, louisiana.--The project for
navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief
of Engineers dated January 3, 2005, at a total cost of
$9,500,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(2) Morganza to the gulf of mexico, louisiana.--
(A) In general.--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, at a total cost of
$841,100,000 with an estimated Federal cost of
$546,300,000 and an estimated non-Federal cost of
$294,800,000.
(B) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
the Houma Navigation Canal lock complex and the Gulf
Intracoastal Waterway floodgate features that provide
for inland waterway transportation shall be a Federal
responsibility, in accordance with section 102 of the
Water Resources Development Act of 1986 (33 U.S.C.
2212).
(b) Project Subject to Final Report.--The project for navigation,
Port of Iberia, Louisiana, at a total cost of $204,600,000, with an
estimated Federal cost of $129,700,000 and an estimated non-Federal
cost of $74,900,000, 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 not later than December
31, 2006, except that the Secretary, in consultation with Vermillion
and Iberia Parishes, Louisiana, is directed to use available dredged
material and rock placement on the south bank of the Gulf Intracoastal
Waterway and the west bank of the Freshwater Bayou Channel to provide
incidental storm surge protection.
SEC. 3. LOUISIANA COASTAL AREA ECOSYSTEM RESTORATION, LOUISIANA.
(a) In General.--The Secretary may carry out a program for
ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially
in accordance with the report 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 priority 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) protects a major population area of the
Pontchartain, Pearl, Breton Sound, Barataria,
or Terrebonne Basin; and
(ii) produces an environmental benefit to
the coastal area of the State of Louisiana; and
(C) any barrier island, or barrier shoreline,
project that--
(i) is carried out in conjunction with a
Mississippi River diversion project; and
(ii) protects a major population area.
(c) Modifications.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary is authorized to make
modifications as necessary to the 5 near-term critical
ecosystem restoration features identified in the report
referred to in subsection (a), due to the impact of Hurricanes
Katrina and Rita on the project areas.
(2) Integration.--The Secretary shall ensure that the
modifications under paragraph (1) are fully integrated with the
analysis and design of comprehensive hurricane protection
authorized by title I of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2247).
(3) Construction.--
(A) In general.--The Secretary is authorized to
construct the projects modified under this subsection.
(B) Reports.--
(i) In general.--Before beginning
construction of the projects, the Secretary
shall submit a report documenting any
modifications to the 5 near-term projects,
including cost changes, to the Louisiana Water
Resources Council established by subsection
(n)(1) (referred to in this section as the
``Council'') for approval.
(ii) Submission to congress.--On approval
of a report under clause (i), the Council shall
submit the report to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives.
(4) Applicability of other provisions.--Section 902 of the
Water Resources Development Act of 1986 (33 U.S.C. 2280) shall
not apply to the 5 near-term projects authorized by this
section.
(d) Demonstration Program.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary is authorized to conduct a
demonstration program within the applicable project area to
evaluate new technologies and the applicability of the
technologies to the program.
(2) Cost limitation.--The cost of an individual project
under this subsection shall be not more than $25,000,000.
(e) Beneficial Use of Dredged Material.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary is authorized to use such sums as
are necessary to conduct a program for the beneficial use of
dredged material.
(2) Consideration.--In carrying out the program under
subsection (a), the Secretary shall consider the beneficial use
of sediment from the Illinois River System for wetlands
restoration in wetlands-depleted watersheds.
(f) Reports.--
(1) In general.--Not later than December 31, 2008, the
Secretary shall submit to Congress feasibility reports on the
features included in table 3 of the report referred to in
subsection (a).
(2) Projects identified in reports.--
(A) In general.--The Secretary shall submit the
reports described in paragraph (1) to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(B) Construction.--The Secretary shall be
authorized to construct the projects identified in the
reports at the time the Committees referred to in
subparagraph (A) each adopt a resolution approving the
project.
(g) Nongovernmental Organizations.--A nongovernmental organization
shall be eligible to contribute all or a portion of the non-Federal
share of the cost of a project under this section.
(h) Comprehensive Plan.--
(1) In general.--The Secretary, in coordination with the
Governor of the State of Louisiana, shall--
(A) develop a plan for protecting, preserving, and
restoring the coastal Louisiana ecosystem;
(B) not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter,
submit to Congress the plan, or an update of the plan;
and
(C) ensure that the plan is fully integrated with
the analysis and design of comprehensive hurricane
protection authorized by title I of the Energy and
Water Development Appropriations Act, 2006 (Public Law
109-103; 119 Stat. 2247).
(2) Inclusions.--The comprehensive plan shall include a
description of--
(A) the framework of a long-term program that
provides for the comprehensive protection,
conservation, and restoration of the wetlands,
estuaries (including the Barataria-Terrebonne estuary),
barrier islands, shorelines, and related land and
features of the coastal Louisiana ecosystem, including
protection of a critical resource, habitat, or
infrastructure from the effects of a coastal storm, a
hurricane, erosion, or subsidence;
(B) the means by which a new technology, or an
improved technique, can be integrated into the program
under subsection (a);
(C) the role of other Federal agencies and programs
in carrying out the program under subsection (a); and
(D) specific, measurable ecological success
criteria by which success of the comprehensive plan
shall be measured.
(3) Consideration.--In developing the comprehensive plan,
the Secretary shall consider the advisability of integrating
into the program under subsection (a)--
(A) a related Federal or State project carried out
on the date on which the plan is developed;
(B) an activity in the Louisiana Coastal Area; or
(C) any other project or activity identified in--
(i) the Mississippi River and Tributaries
program;
(ii) the Louisiana Coastal Wetlands
Conservation Plan;
(iii) the Louisiana Coastal Zone Management
Plan; or
(iv) the plan of the State of Louisiana
entitled ``Coast 2050: Toward a Sustainable
Coastal Louisiana''.
(i) Task Force.--
(1) Establishment.--There is established a task force to be
known as the ``Coastal Louisiana Ecosystem Protection and
Restoration Task Force'' (referred to in this subsection as the
``Task Force'').
(2) 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 Secretary or an
equivalent level):
(A) The Secretary.
(B) The Secretary of the Interior.
(C) The Secretary of Commerce.
(D) The Administrator of the Environmental
Protection Agency.
(E) The Secretary of Agriculture.
(F) The Secretary of Transportation.
(G) The Secretary of Energy.
(H) The Secretary of Homeland Security.
(I) 3 representatives of the State of Louisiana
appointed by the Governor of that State.
(3) Duties.--The Task Force shall make recommendations to
the Secretary regarding--
(A) policies, strategies, plans, programs,
projects, and activities for addressing conservation,
protection, restoration, and maintenance of the coastal
Louisiana ecosystem;
(B) financial participation by each agency
represented on the Task Force in conserving,
protecting, restoring, and maintaining the coastal
Louisiana ecosystem, including recommendations--
(i) that identify funds from current agency
missions and budgets; and
(ii) for coordinating individual agency
budget requests; and
(C) the comprehensive plan under subsection (h).
(4) Working groups.--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 subsection.
(5) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Task Force
or any working group of the Task Force.
(j) Science and Technology.--
(1) In general.--The Secretary shall establish a coastal
Louisiana ecosystem science and technology program.
(2) Purposes.--The purposes of the program established by
paragraph (1) shall be--
(A) to identify any uncertainty relating to the
physical, chemical, geological, biological, and
cultural baseline conditions in coastal Louisiana;
(B) to improve knowledge of the physical, chemical,
geological, biological, and cultural baseline
conditions in coastal Louisiana; and
(C) to identify and develop technologies, models,
and methods to carry out this subsection.
(3) Working groups.--The Secretary may establish such
working groups as the Secretary determines to be necessary to
assist the Secretary in carrying out this subsection.
(4) Contracts and cooperative agreements.--In carrying out
this subsection, the Secretary 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 restoration of
aquatic and marine ecosystems for coastal restoration and
enhancement through science and technology.
(k) Analysis of Benefits.--
(1) 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 an activity to conserve, protect,
restore, or maintain the coastal Louisiana ecosystem, the
Secretary may determine that the environmental benefits
provided by the program under this section outweigh the
disadvantage of an activity under this section.
(2) Determination of cost-effectiveness.--If the Secretary
determines that an activity under this section is cost-
effective, no further economic justification for the activity
shall be required.
(l) Studies.--
(1) Degradation.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
non-Federal interest, shall enter into a contract with the
National Academy of Sciences under which the National Academy
of Sciences shall carry out a study to identify--
(A) the cause of any degradation of the Louisiana
Coastal Area ecosystem that occurred as a result of an
activity approved by the Secretary; and
(B) the sources of the degradation.
(2) Financing.--On completion, and taking into account the
results, of the study conducted under paragraph (1), the
Secretary, in consultation with the non-Federal interest, shall
study--
(A) financing alternatives for the program under
subsection (a); and
(B) potential reductions in the expenditure of
Federal funds in emergency responses that would occur
as a result of ecosystem restoration in the Louisiana
Coastal Area.
(m) Project Modifications.--
(1) Review.--The Secretary, in cooperation with any non-
Federal interest, shall review each federally-authorized water
resources project in the coastal Louisiana area in existence on
the date of enactment of this Act to determine whether--
(A) each project is in accordance with the program
under subsection (a); and
(B) the project could contribute to ecosystem
restoration under subsection (a) through modification
of the operations or features of the project.
(2) Modifications.--Subject to paragraphs (3) and (4), the
Secretary may carry out the modifications described in
paragraph (1)(B).
(3) Public notice and comment.--Before completing the
report required under paragraph (4), the Secretary shall
provide an opportunity for public notice and comment.
(4) Report.--
(A) In general.--Before modifying an operation or
feature of a project under paragraph (1)(B), the
Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the modification.
(B) Inclusion.--A report under subparagraph (A)
shall include such information relating to the timeline
and cost of a modification as the Secretary determines
to be relevant.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.
(n) Louisiana Water Resources Council.--
(1) Establishment.--There is established within the
Mississippi River Commission, a subgroup to be known as the
``Louisiana Water Resources Council''.
(2) Purposes.--The purposes of the Council are--
(A) to manage and oversee each aspect of the
implementation of a system-wide, comprehensive plan for
projects of the Corps of Engineers (including the
study, planning, engineering, design, and construction
of the projects or components of projects and the
functions or activities of the Corps of Engineers
relating to other projects) that addresses hurricane
protection, flood control, ecosystem restoration, storm
surge damage reduction, or navigation in the Hurricanes
Katrina and Rita disaster areas in the State of
Louisiana; and
(B) to demonstrate and evaluate a streamlined
approach to authorization of water resources projects
to be studied, designed, and constructed by the Corps
of Engineers.
(3) Membership.--
(A) In general.--The president of the Mississippi
River Commission shall appoint members of the Council,
after considering recommendations of the Governor of
Louisiana.
(B) Requirements.--The Council shall be composed
of--
(i) 2 individuals with expertise in coastal
ecosystem restoration, including the
interaction of saltwater and freshwater
estuaries; and
(ii) 2 individual with expertise in geology
or civil engineering relating to hurricane and
flood damage reduction and navigation.
(C) Chairperson.--In addition to the members
appointed under subparagraph (B), the Council shall be
chaired by 1 of the 3 officers of the Corps of
Engineers of the Mississippi River Commission.
(4) Duties.--With respect to modifications under subsection
(c), the Council shall--
(A) review and approve or disapprove the reports
completed by the Secretary; and
(B) on approval, submit the reports to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives.
(5) Termination.--
(A) In general.--The Council shall terminate on the
date that is 6 years after the date of enactment of
this Act.
(B) Effect.--Any project modification under
subsection (c) that has not been approved by the
Council and submitted to Congress by the date described
in subparagraph (A) shall not proceed to construction
before the date on which the modification is
statutorily approved by Congress.
(o) Other Projects.--
(1) In general.--With respect to the projects identified in
the analysis and design of comprehensive hurricane protection
authorized by title I of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2247),
the Secretary shall submit a report describing the projects to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives.
(2) Construction.--The Secretary shall be authorized to
construct the projects at the time the Committees referred to
in paragraph (1) each adopt a resolution approving the project.
(p) Report.--
(1) In general.--Not later than 6 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report evaluating the alternative means of
authorizing Corps of Engineers water resources projects under
subsections (c)(3), (f)(2), and (o)(2).
(2) Inclusions.--The report shall include a description
of--
(A) the projects authorized and undertaken under
this section;
(B) the construction status of the projects; and
(C) the benefits and environmental impacts of the
projects.
(3) External review.--The Secretary shall enter into a
contract with the National Academy of Science to perform an
external review of the demonstration program under subsection
(d), which shall be submitted to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(q) New Orleans and Vicinity.--
(1) In general.--The Secretary is authorized--
(A) to raise levee heights as the Secretary
determines to be necessary, and otherwise enhance the
Lake Pontchartrain and Vicinity and the West Bank and
Vicinity projects of the Corps of Engineers to provide
levels of protection necessary to achieve the
certification required for participation in the
national flood insurance program under the base flood
elevations in existence at the time of construction of
the enhancements;
(B) to modify the 17th Street, Orleans Avenue, and
London Avenue drainage canals and install pumps and
closure structures at or near the lakefront at Lake
Pontchartrain;
(C) to armor critical elements of the New Orleans
hurricane and storm damage reduction system;
(D) to improve and otherwise modify the Inner
Harbor Navigation Canal to increase the reliability of
the flood protection system for New Orleans;
(E) to replace or modify certain non-Federal levees
in Plaquemines Parish, Louisiana, to incorporate the
levees into the New Orleans to Venice hurricane
protection project of the Corps of Engineers;
(F) to reinforce or replace flood walls in the
existing Lake Pontchartrain and Vicinity and West Bank
and Vicinity projects of the Corps of Engineers to
improve performance of the systems;
(G) to perform 1-time storm-proofing of interior
pump stations to ensure the operability of the stations
during hurricanes, storms, and high water events;
(H) to repair, replace, modify, and improve non-
Federal levees and associated protection measures in
Terrebonne Parish, Louisiana;
(I) to reduce the risk of storm damage to the
greater New Orleans metropolitan area by restoring the
surrounding wetlands through--
(i) measures to reverse wetland losses in
areas affected by navigation, oil and gas, and
other channels; and
(ii) modification of the Caernarvon
Freshwater Diversion structure or its
operations; and
(J) to develop a comprehensive plan to deauthorize
deep draft navigation on the Mississippi River Gulf
Outlet, Louisiana, extending from the Gulf of Mexico to
the Gulf Intracoastal Waterway, on the condition that,
in developing the plan, the Secretary shall include
options--
(i) to deauthorize deep draft navigation;
(ii) to discontinue operations and
maintenance dredging for deep draft navigation;
and
(iii) to restore, protect, and preserve the
ecosystem surrounding the Mississippi River
Gulf Outlet.
(2) Funding.--Each activity carried out under paragraph (1)
shall be carried out in accordance with the cost-sharing
requirements described in the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 418).
(3) Conditions.--
(A) In general.--The Secretary shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a notice in any case in
which estimates for the expenditure of funds on any
single project or activity described in paragraph (1)
exceeds the amount specified for that project or
activity in the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat.
418).
(B) Approval required.--No appropriation in excess
of an amount equal to 25 percent more than the amount
specified for a project or activity in the Emergency
Supplemental Appropriations Act for Defense, the Global
War on Terror, and Hurricane Recovery, 2006 (Public Law
109-234; 120 Stat. 418) shall be made until an increase
in the level of expenditure has been approved by
resolutions adopted by the Committees referred to in
subparagraph (A).
(4) Report.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing any modifications to the project for flood
damage reduction, Larose to Golden Meadow, Louisiana,
necessary to achieve the certification necessary for
participation in the national flood insurance program.
(B) Modifications.--
(i) In general.--The Secretary may carry
out a modification recommended in the report
under subparagraph (A) if the total cost of the
modification does not exceed $90,000,000.
(ii) Funding.--No funds shall be available
to construct any modification under clause (i)
until the report under subparagraph (A) is
approved by resolutions adopted by the
Committee on Environment and Public Works of
the Senate and the Committee on Transportation
and Infrastructure of the House of
Representatives.
(iii) Excess cost.--If the total cost of a
modification recommended in the report under
subparagraph (A) is greater than $90,000,000,
the report shall be considered to be a report
on a component area of the larger protection
program under the analysis and design of the
comprehensive hurricane protection authorized
by title I of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103;
119 Stat. 2247).
(5) Consolidation.--
(A) In general.--The Secretary may consolidate the
flood damage reduction projects in Lower Jefferson
Parish, Louisiana, identified for implementation under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s) as of the date of enactment of this Act.
(B) Implementation.--The Secretary may implement
the projects consolidated under subparagraph (A) if the
total cost of implementing the projects does not exceed
$100,000,000.
(C) Excess costs.--If the total cost of
implementing the projects consolidated under
subparagraph (A) is greater than $100,000,000, the
project for flood control, Lower Jefferson Parish,
Louisiana, shall be considered to be a report on a
component area of the larger protection program under
the analysis and design of the comprehensive hurricane
protection authorized by title I of the Energy and
Water Development Appropriations Act, 2006 (Public Law
109-103; 119 Stat. 2247).
SEC. 4. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND LOUISIANA.
(a) In General.--Section 204 of the Flood Control Act of 1950 (64
Stat. 170) is amended in the matter under the heading ``RED-OUACHITA
RIVER BASIN'' by striking ``at Calion, Arkansas'' and inserting
``improvements at Calion, Arkansas (including authorization for the
comprehensive flood-control project for Ouachita River and tributaries,
incorporating in the project all flood control, drainage, and power
improvements in the basin above the lower end of the left bank Ouachita
River levee)''.
(b) Modification.--Section 3 of the Act of August 18, 1941 (55
Stat. 642, chapter 377), is amended in the second sentence of
subsection (a) in the matter under the heading ``LOWER MISSISSIPPI
RIVER'' by inserting before the period at the end the following:
``Provided, That the Ouachita River Levees, Louisiana, authorized by
the first section of the Act of May 15, 1928 (45 Stat. 534, chapter
569), shall remain as a component of the Mississippi River and
Tributaries Project and afforded operation and maintenance
responsibilities as directed in section 3 of that Act (45 Stat. 535)''.
SEC. 5. PUBLIC ACCESS, ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.
(a) In General.--The public access feature of the Atchafalaya Basin
Floodway System, Louisiana project, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100 Stat. 4142), is modified
to authorize the Secretary to acquire from willing sellers the fee
interest (exclusive of oil, gas, and minerals) of an additional 20,000
acres of land in the Lower Atchafalaya Basin Floodway for the public
access feature of the Atchafalaya Basin Floodway System, Louisiana
project.
(b) Modification.--
(1) In general.--Subject to paragraph (2), effective
beginning November 17, 1986, the public access feature of the
Atchafalaya Basin Floodway System, Louisiana project, is
modified to remove the $32,000,000 limitation on the maximum
Federal expenditure for the first costs of the public access
feature.
(2) First cost.--The authorized first cost of $250,000,000
for the total project (as defined in section 601(a) of the
Water Resources Development Act of 1986 (100 Stat. 4142)) shall
not be exceeded, except as authorized by section 902 of that
Act (100 Stat. 4183).
(c) Technical Amendment.--Section 315(a)(2) of the Water Resources
Development Act of 2000 (114 Stat. 2603) is amended by inserting before
the period at the end the following: ``and may include Eagle Point
Park, Jeanerette, Louisiana, as 1 of the alternative sites''.
SEC. 6. REGIONAL VISITOR CENTER, ATCHAFALAYA BASIN FLOODWAY SYSTEM,
LOUISIANA.
(a) Project for Flood Control.--Notwithstanding paragraph (3) of
the report of the Chief of Engineers dated February 28, 1983 (relating
to recreational development in the Lower Atchafalaya Basin Floodway),
the Secretary shall carry out the project for flood control,
Atchafalaya Basin Floodway System, Louisiana, authorized by chapter IV
of title I of the Act of August 15, 1985 (Public Law 99-88; 99 Stat.
313; 100 Stat. 4142).
(b) Visitors Center.--
(1) In general.--The Secretary, acting through the Chief of
Engineers and in consultation with the State of Louisiana,
shall study, design, and construct a type A regional visitors
center in the vicinity of Morgan City, Louisiana.
(2) Cost sharing.--
(A) In general.--The cost of construction of the
visitors center shall be shared in accordance with the
recreation cost-share requirement under section 103(c)
of the Water Resources Development Act of 1986 (33
U.S.C. 2213(c)).
(B) Cost of upgrading.--The non-Federal share of
the cost of upgrading the visitors center from a type B
to type A regional visitors center shall be 100
percent.
(3) Agreement.--The project under this subsection shall be
initiated only after the Secretary and the non-Federal
interests enter into a binding agreement under which the non-
Federal interests shall--
(A) provide any land, easement, right-of-way, or
dredged material disposal area required for the project
that is owned, claimed, or controlled by--
(i) the State of Louisiana (including
agencies and political subdivisions of the
State); or
(ii) any other non-Federal government
entity authorized under the laws of the State
of Louisiana;
(B) pay 100 percent of the cost of the operation,
maintenance, repair, replacement, and rehabilitation of
the project; and
(C) hold the United States free from liability for
the construction, operation, maintenance, repair,
replacement, and rehabilitation of the project, except
for damages due to the fault or negligence of the
United States or a contractor of the United States.
(4) Donations.--In carrying out the project under this
subsection, the Mississippi River Commission may accept the
donation of cash or other funds, land, materials, and services
from any non-Federal government entity or nonprofit
corporation, as the Commission determines to be appropriate.
SEC. 7. CALCASIEU RIVER AND PASS, LOUISIANA.
The project for the Calcasieu River and Pass, Louisiana, authorized
by section 101 of the River and Harbor Act of 1960 (74 Stat. 481), is
modified to authorize the Secretary to provide $3,000,000 for each
fiscal year, in a total amount of $15,000,000, for such rock bank
protection of the Calcasieu River from mile 5 to mile 16 as the Chief
of Engineers determines to be advisable to reduce maintenance dredging
needs and facilitate protection of valuable disposal areas for the
Calcasieu River and Pass, Louisiana.
SEC. 8. EAST BATON ROUGE PARISH, LOUISIANA.
The project for flood damage reduction and recreation, East Baton
Rouge Parish, Louisiana, authorized by section 101(a)(21) of the Water
Resources Development Act of 1999 (113 Stat. 277), as amended by
section 116 of the Consolidated Appropriations Resolution, 2003 (117
Stat. 140), is modified to authorize the Secretary to carry out the
project substantially in accordance with the Report of the Chief of
Engineers dated December 23, 1996, and the subsequent Post
Authorization Change Report dated December 2004, at a total cost of
$178,000,000.
SEC. 9. MISSISSIPPI RIVER GULF OUTLET RELOCATION ASSISTANCE, LOUISIANA.
(a) Port Facilities Relocation.--
(1) Authorization of appropriations.--There is authorized
to be appropriated $175,000,000, to remain available until
expended, to support the relocation of Port of New Orleans deep
draft facilities from the Mississippi River Gulf Outlet
(referred to in this section as the ``Outlet''), the Gulf
Intercoastal Waterway, and the Inner Harbor Navigation Canal to
the Mississippi River.
(2) Administration.--
(A) In general.--Amounts appropriated pursuant to
paragraph (1) shall be administered by the Assistant
Secretary for Economic Development (referred to in this
section as the ``Assistant Secretary'') pursuant to
sections 209(c)(2) and 703 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149(c)(2),
3233).
(B) Requirement.--The Assistant Secretary shall
make amounts appropriated pursuant to paragraph (1)
available to the Port of New Orleans to relocate to the
Mississippi River within the State of Louisiana the
port-owned facilities that are occupied by businesses
in the vicinity that may be impacted due to the
treatment of the Outlet under the analysis and design
of comprehensive hurricane protection authorized by
title I of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
2247).
(b) Revolving Loan Fund Grants.--There is authorized to be
appropriated to the Assistant Secretary $185,000,000, to remain
available until expended, to provide assistance pursuant to sections
209(c)(2) and 703 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3149(c)(2), 3233) to 1 or more eligible recipients to
establish revolving loan funds to make loans for terms up to 20 years
at or below market interest rates (including interest-free loans) to
private businesses within the Port of New Orleans that may need to
relocate to the Mississippi River within the State of Louisiana due to
the treatment of the Outlet under the analysis and design of
comprehensive hurricane protection authorized by title I of the Energy
and Water Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2247).
(c) Coordination With Secretary.--The Assistant Secretary shall
ensure that the programs described in subsections (a) and (b) are fully
coordinated with the Secretary to ensure that facilities are relocated
in a manner that is consistent with the analysis and design of
comprehensive hurricane protection authorized by title I of the Energy
and Water Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2247).
(d) Administrative Expenses.--The Assistant Secretary may use up to
2 percent of the amounts made available under subsections (a) and (b)
for administrative expenses.
SEC. 10. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red River
Waterway, Louisiana, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4142) and modified by
section 4(h) of the Water Resources Development Act of 1988 (102 Stat.
4016), section 102(p) of the Water Resources Development Act of 1990
(104 Stat. 4613), section 301(b)(7) of the Water Resources Development
Act of 1996 (110 Stat. 3710), and section 316 of the Water Resources
Development Act of 2000 (114 Stat. 2604), is further modified--
(1) to authorize the Secretary to carry out the project at
a total cost of $33,200,000;
(2) to permit the purchase of marginal farmland for
reforestation (in addition to the purchase of bottomland
hardwood); and
(3) to incorporate wildlife and forestry management
practices to improve species diversity on mitigation land that
meets habitat goals and objectives of the Corps of Engineers
and the State of Louisiana.
SEC. 11. VIDALIA PORT, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation improvement at Vidalia,
Louisiana.
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