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United States · Bill · S

S. 1731 (101st)

Coastal Wetlands Planning, Protection, and Restoration Act

openUnited States· United States Congress· EN

Introduced

5 October 1989

Last action

—

Status

See H.R.5390.

Sponsors

—

Subjects

Discovery layer

Source updated

14 January 2025

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Summary

Title I: Coastal Wetlands Conservation and Restoration - Coastal Wetlands Planning, Protection and Restoration Act - Subtitle A: Priority Projects for Louisiana Coastal Wetlands - Requires the Secretary of the Army to prepare a list of coastal wetlands restoration projects in Louisiana in order of priority based on the cost-effectiveness of such projects in creating, restoring, or protecting wetlands, taking into account the quality of such wetlands. Provides that such list shall only include restoration projects that can be substantially completed in an initial five year period. Requires the Secretary of the Treasury to make funds available from the Wetlands Trust Fund for preliminary studies of such projects. Directs the Secretary of the Army to transmit the list annually to the Congress. Deems ecological, aesthetic, cultural, and economic benefits to exceed the cost of any project which contributes significantly to wetlands restoration. Allocates funding for such projects based on a project's priority. Authorizes and directs the Secretary of the Treasury to make limited Fund monies available for Federal agencies for such projects. Limits the Federal share to 80 percent of the total cost of a project. Raises such limit for States with approved coastal wetlands conservation plans. Sets forth forms of State shares of such projects. Directs the Secretary of the Army to prepare a plan to identify priority coastal restoration projects in Louisiana. Requires such plan to coordinate projects to ensure long-term conservation of Louisiana wetlands. Directs the Secretary to: (1) submit such plan to the Congress and the State Governor; and (2) submit a triennial scientific evaluation of the effectiveness of such projects to the Congress. Subtitle B: Louisiana Coastal Wetlands Conservation Planning - Requires the Secretary and the Administrator of the Environmental Protection Agency (EPA), with the Governor of Louisiana if the Governor agrees, to enter into an agreement to: (1) set forth a process by which the State of Louisiana agrees to develop a Coastal Wetlands Conservation Plan; and (2) designate a State agency to develop and submit such Plan to the Administrator and the Secretary for approval. Directs the Secretary of the Treasury to make grants to assist the agency in developing the Plan. Requires the Secretary of the Army and the Administrator to provide technical assistance to the State for such Plan. Sets forth a goal for such Plan of no net loss of wetlands. Outlines the elements of the Plan. Provides for approval of the Plan if: (1) the State has adequate authority to implement the Plan; and (2) the Plan is adequate to attain the goal of no net loss of wetlands and is in compliance with this Act. Sets forth modification procedures in the case of noncompliance. Requires the Governor to report annually to the Secretary and the Administrator on the progress in carrying out the Plan. Directs the Secretary and the Administrator to report biennially to the Congress on such Plan. Subtitle C: Coastal Wetlands Conservation Grants - Authorizes and directs the Secretary of the Treasury to make available a specified amount from the Wetlands Fund for use by the Secretary of the Interior in making matching grants to States for coastal wetlands restoration projects. Requires the Secretary of the Interior, in making such grants, to give priority to projects that are: (1) in areas likely to be affected by offshore oil or gas exploration, development, or production activities; (2) in coastal States that have established dedicated funding for programs to acquire coastal wetlands, natural areas, and open spaces; and (3) consistent with the National Wetlands Priority Conservation Plan developed under the Emergency Wetlands Resources Act. Subjects the provision of such grants to conditions that will ensure that real property interests acquired, enhanced, or restored with such moneys will be administered for the long-term conservation of lands, waters, and fish and wildlife. Limits such grants to 50 percent of the total cost of a project, except in cases where a State has established a trust fund. Authorizes the Secretary of the Interior to: (1) make progress payments on wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Makes available a specified amount for FY 1991 for wetlands assessment in the State of Texas. Title II: North American Wetlands Conservation - North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Council. Sets forth elements to be considered by the Council in making recommendations for wetlands conservation projects. Requires the Council to submit annual descriptions to the Secretary of the Interior and the appropriate congressional committees of projects recommended for Federal funding. Directs the Secretary to make funds available for such projects in the order of priority recommended by the Council unless he determines that such projects should not receive funding or that the order of priority should be modified. Requires the Secretary to report annually to the appropriate congressional committees on approved projects. Directs the Secretary to carry out such projects with funding available under this Act. Requires lands, waters, or other interests acquired by the Secretary to carry out such projects to be included in the National Wildlife Refuge System. Authorizes the Secretary, in lieu of including acquired lands, waters, or interests in the National Wildlife Refuge System, to grant funds or convey any acquired real property interest to States or public or private entities. Provides for the reversion of acquired interests to the United States if a State or public or private entity fails to manage such interests in accordance with this Act. Subjects such conveyances to the same conditions applicable to the provision of State coastal wetlands conservation grants. Directs the Secretary to grant funds to public and other entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the same conditions applicable to the provision of State coastal wetlands conservation grants. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary of the Treasury to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 50 percent of the total cost for projects in the United States. Authorizes the Secretary of the Interior to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Prohibits the use of moneys allocated under this Act for acquiring lands for inclusion in the National Wildlife Refuge System, unless there is appropriated under the Refuge Revenue Sharing Act for such fiscal year an amount equal to the difference between the total amount of net receipts and the aggregate amount of payments to be made to counties. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within such lands and waters. Directs such agencies, in the consideration of land disposal alternatives, to give priority to transfers of property for conservation purposes. Requires the Secretary to report biennially to the appropriate congressional committees on: (1) the estimated number of wetland acres and habitats in the United States, Canada, and Mexico that were restored, protected, or enhanced for migratory birds during such two-year period; (2) trends in the population size and distribution of North American migratory birds; and (3) the status of efforts to establish international migratory bird protection agreements. Directs the Secretary to report annually to such committees on the status of wetlands conservation projects and expenditures. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the North American Waterfowl Management Plan with appropriate Canadian officials. Provides that the appropriate officials in Mexico shall be invited to participate in any Plan revision. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986. Amends the Migratory Bird Treaty Act to make it unlawful to take, kill, or possess migratory birds covered under a 1976 convention between the United States and the Soviet Union. Requires the Secretary to undertake to establish migratory bird protection agreements with appropriate Western Hemisphere nations. Amends the Fish and Wildlife Conservation Act to require the Secretary to identify lands and waters in the United States and other Western Hemisphere nations whose protection, management, or acquisition will foster the conservation of migratory nongame birds. Title III: General Provisions - Authorizes the U.S. Army Chief of Engineers to carry out projects for the protection, restoration, and creation of vegetated wetlands. Requires the Chief of Engineers to give such projects equal consideration with projects relating to navigation and flood control. Authorizes and directs the Secretary to study the feasibility of modifying the operation of existing navigation and flood control projects to allow for an increase in the share of Mississippi River flows and sediment sent down the Atchafalaya River for purposes of land building and wetlands nourishment.

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