Volume 153, No. 150 covering the of the 110th Congress (2007 - 2008) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“WATER RESOURCES DEVELOPMENT ACT OF 2007” mentioning the Environmental Protection Agency was published in the Senate section on pages S12769-S12771 on Oct. 4, 2007.
The publication is reproduced in full below:
WATER RESOURCES DEVELOPMENT ACT OF 2007
Mr. VITTER. Mr. President, the explanation of managers accompanying the bill today is not as expansive as it could have been in regard to some sections of the bill. To ensure that my intent, and the intent of the remainder of the conferees, is clear I want to provide additional direction.
Section 1001(24) authorizes the remaining features of the Morganza to the Gulf hurricane protection project. It is important to note that the House, Senate, and conferees recognized the importance of advancing this project beyond the initial authorization of segment J-1 and the additional funding and authorization provided in Public Law 109-148 and Public Law 109-234, with the full understanding of concerns raised regarding the potential impact of the project on wetlands--including those raised in the administration's Statement of Administration Policy related to this bill. The conferees believe that existing law, including section 902 of the Water Resources Development Act of 1986 and section 7005 of this bill, provides more than sufficient flexibility to make any modifications deemed necessary and, subject to the availability of appropriations, expect the project to move immediately to the construction phase.
The conferees recognize that the Morganza to the Gulf project was initiated in 1992. Congress authorized the full project in the Water Resources Development Act of 2000, Public Law 106-541, but Corps of Engineers' delays resulted in the failure of the command to meet the statutory deadline required to implement the project. The 15 years it has taken to reach this point have left Terrebonne Parish and portions of Lafourche Parish very vulnerable to storm surge, hurricane and flood damage, and the loss of life and property. The Federal Emergency Management Agency has expended well over $100 million in public and private assistance grants in recent years in response to damages that would have been prevented had the project been in place.
The conferees understood that modifications to the Morganza project may be required. These include but are not limited to changes related to wetlands, IPET recommendations, and other factors. The conferees also understand that significant cost increases from the initial estimates were included in the 2002 and 2003 reports of the chief. These increases are related to significant rises in labor and materials costs as a result of activities responding to Hurricanes Katrina and Rita and attributable to new standards for storm damage reduction and flood control projects related to IPET recommendations. The conferees did not increase the project authorization due to the fact that section 902 of the Water Resources Development Act of 1986 specifically provides for cost increases related to ``changes in construction cost applied to unconstructed features'' and for increases related to
``mitigation and other environmental actions''.
As was mandated by Congress in the past, the Secretary shall make the Houma Lock a top priority and expedite this feature, in addition to other features that will provide important protection to vulnerable areas. The Secretary should consider integrating the construction of the Houma Lock with modifications of the feature authorized in section 7006(e)(3)(A)(i), only if the integration will not cause delays to this feature.
Should significant additional features or increases in protection levels be warranted, the Secretary should consider the implementation of these improvements under section 211 of the Water Resources Development Act of 1996. It is noted that the Army did not notify Congress of any additional authorization needs for this project. It is the conferees' intent that this project move forward as soon as possible with no further congressional authorization. Delays in protection for this area cannot continue.
Section 1001(25) authorizes the Port of Iberia access improvement and Vermilion parish storm surge protection project. It is the intent that the Corps provide meaningful storm protection to Vermilion Parish in an expedited manner without delays to the deepening project.
Section 1004(a)(7) directs the Army Corps of Engineers to study and carry out a project to dredge and maintain the Napoleon Avenue Container Terminal berthing area in the Port of New Orleans at a depth not to exceed the authorized channel depth of the Mississippi River ship channel. Deepening of that berthing area will ensure that the full transportation benefits of the authorized channel depth of the Mississippi River ship channel will be realized by the adjacent port terminal. This small navigation enhancement project will create significant economic and business benefits for the port, and aid in the continuing recovery of the greater New Orleans area.
Section 3081 authorizes the Corps of Engineers to credit the State of Louisiana for cost associated with mitigating the impact of freshwater diversions on oyster beds. It is the intent that ``relocating'' includes any means to remove or relocate the interests in the oyster beds from the impact area. In some cases, this may include leaving the oyster beds in place. It is the understanding of the conferees that oyster beds could serve as a form of protection from further coastal land and wetlands loss.
Section 3082 provides for the relocation of facilities impacted by the closure of the Mississippi River gulf outlet through the Department of Commerce's Economic Development Administration. The section also establishes a loan program for businesses. The conferees specified that the loan program is a ``revolving loan''; therefore, nothing in the bill restricts the loan authority to $85 million. It is the intent that available loan authority be provided to businesses until demand is fully met. It is expected that the actual loan authority will far exceed the authorized funding level.
Section 3084 authorizes the Corps to maintain responsibility for long-term costs associated with the Algiers Canals Levees portion of the Westbank and Vicinity project. Subsection (c) is intended to apply only to work performed under the original authorization. Ongoing work on the project is based upon authorization and funding provided in the various emergency supplemental appropriations acts related to Hurricanes Katrina and Rita. The cost share included in subsection (c) shall not apply to the work funded in those acts.
Section 4101 directs the Government Accountability Office to conduct a review of disaster debris removal policy related to Hurricanes Katrina and Rita. It is the intent that the GAO shall coordinate the data required to determine the appropriate findings with the Environmental Protection Agency and Corps of Engineers. The EPA and Corps are expected to fully cooperate with the GAO and should be given the opportunity to comment and respond to the GAO's findings as is customary with these reports. Should any adverse findings result, it is the intent that the appropriate agencies immediately respond to such findings.
Section 5083 directs the Corps to complete the supplemental EIS related to the lock project by July 01, 2008. As is clear in the bill language, it is expected that this mandate be met. The provision does not provide for alternative deadlines or procedures for delay. Appropriate planning and schedule compressions should be applied immediately.
Section 5084 clarifies that a previous meeting shall serve as the requirement for a stakeholders meeting. The effect of this provision is that construction grants may be awarded as part of the Lake Pontchartrain Basin Program.
Section 5157(14) authorizes improvements to the Larose to Golden Meadow, LA, project by the non-Federal interest to be reimbursed by the Secretary. It is intended that these improvements include the conversion of the Leon Theriot Floodgate into a lock and improvements required to advance protection to, meet or exceed the 100-year level of flood protection as determined under the National Flood Insurance Program at the time of construction of the improvements. It is expected that this authorization will complement the $90 million in improvements authorized under section 7015.
Title VII authorizes 15 coastal protection and restoration projects and additional flood protection and storm damage reduction. In the case of each project, it is likely that the authority provided by section 902 of the Water Resources Development Act of 1986 will be exercised. It is noted that this authority provides for cost increases of 20 percent in addition to those increases attributable to inflation,
``changes in construction cost applied to unconstructed features'' and for other cost increases. It is expected that all deadlines will be met and each project will advance in a timely manner.
Section 7004 establishes a Federal-State task force. The conferees intended that the three representatives of the State of Louisiana each serve at the pleasure of the Governor of that State.
Section 7005 authorizes the review and modification of water resource projects in the Louisiana coastal area project area to alleviate conflicts in project features. The requirement to review ``each'' project in the LCA project area should not be construed as a requirement to conduct an in depth review of all projects. The Secretary, in coordination with the State of Louisiana, is expected to identify those projects that are reasonable candidates for modification rather than wasting significant resources reviewing all projects in detail.
Section 7006, of the Louisiana Coastal Area Title, title VII, authorizes a science and technology program specifically for the coastal Louisiana ecosystem. This science and technology program will provide the accurate scientific and technological advances needed to improve the knowledge of the physical, chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana ecosystem and related natural and built assets.
Section 7006 (a)(2)(3) and (4) of title VII of H.R. 1495 already provides some of the purposes and direction for carrying out the science and technology program. However, since there is no further report language clarification in the accompanying conference report language, I want to provide further direction, and the conferees intent, specifically as it applies to the purposes and organizations that should drive this important research program so that the Louisiana coastal area projects authorized by this important bill are done right the first time.
It is my firm intent, and that of the conferees, that the science and technology program will be conducted through a Louisiana agency-
university-industry partnership led by the Long-term Estuary Assessment Group, LEAG, and the Coastal Restoration & Enhancement for Science & Technology, CREST, in partnership with the U.S. Geological Survey National Wetlands Research Center. The aim of this alliance is to create a cooperative science, engineering, and technology program to help policymakers, planners, and coastal resource managers use the latest objective information on the built and natural environment to ensure sustainable and productive coastal habitats and communities. This program should respond directly to the challenges identified by the task force and provide proactive solutions for the long-term success of the program.
It is also the conferees intent that the science and technology program priority research areas shall also include the following efforts and purposes:
A. Scientific tools for coastal restoration. New tools, or refinement of existing tools, for carrying out coastal restoration in coastal Louisiana. This area includes evaluation of restoration techniques, development of new sensor and monitoring platform technologies, and operational approaches that are applicable to both ongoing and planned projects in the coastal region of these States.
B. Human dimensions of coastal restoration efforts. Sociological and economic information of direct use to managers and planners involved in coastal restoration efforts. This area focuses on projects that can be of relevance to coastal habitat which includes but are not limited to aspects such as land use, resource use and management, mitigation of coastal habitat loss, legal or industrial matters, environmental history, socioeconomic and behavioral effects, values to publics, and public awareness, sustainable neighborhood plan development, and education. This information could also be useful and applicable to other regions.
C. Future perspectives. Concepts and approaches to guide future restoration of the Louisiana coastal ecosystem should also be considered. This includes field work, workshops, expert panels, reviews or syntheses of existing work. Specifically, projects should consider sustainable approaches to restoration that take into account future changes such as existing and emerging contaminants, degradation of coastal habitat resulting from planned human actions or policies, urban and natural ecosystem linkages, or the influence of variations in the climate system on the coast. Efforts should be regional in scale and of direct utility to agencies planning future restoration.
Southern Louisiana remains severely impacted by or vulnerable to coastal erosion, sea level rise, and the loss and degradation of natural wetland habitats. This long-term deterioration was exacerbated by the 2005 hurricanes, Katrina and Rita, which devastated much of Louisiana's coastal regions. Such a combination of factors puts at risk the infrastructure of the region and the livelihood of its inhabitants, presenting an urgent need for a swift and successful response that will restore the natural protective structures in the region and enhance the ecology. Successful restoration of any natural ecosystem requires sound understanding of the problems and how they developed, as well as clearly defined targets for what we expect from the system after restoration. Scientific uncertainties and technological inadequacies must not limit our ability to respond to the needs of coastal communities. Rather, advances in science and technology should be integrated directly into restoration programs to ensure that coastal habitat restoration is implemented cost-effectively and successfully sustains coastal resources.
Section 7007 (b) directs the Secretary to accept as a non-Federal cost share other Federal funds in certain cases. In addition to other Federal programs and resources, it is the intent that the provision shall clarify any misunderstanding that funds resulting from sections 383 and 384 of the Energy Policy Act of 2005, Public Law 109-58, and title I of Division C of the Tax Relief and Health Care Act of 2006, Public Law 109-432 are eligible as a non-Federal match. This statement should not be construed as to prejudice any State's ability to use the funds specified from the Tax Relief and Health Care Act of 2006 as a non-Federal match for any program or any other use.
Section 7012(a) authorizes the modification of the outfall canals on Lake Pontchartrain. The conference agreement provides for the construction of closure structures on the 17th Street, Orleans Avenue and London Avenue canals at or near the lakefront at Lake Pontchartrain. It also authorizes the installation of new pumping stations associated with the outfall canals. It is the intent of the conferees that the Secretary continues ongoing efforts to implement an appropriate solution to the outfall canal and pumping challenges which would be constructed under this authority. Evacuating storm water to the Mississippi River, rather than into the outfall canals, should be considered as part of any comprehensive plan constructed under this authority.
The conference agreement also includes bill language that authorizes the replacement or modification of non-Federal levees in Plaquemines Parish. The conferees urge the Secretary to expedite efforts that will supplement or compliment existing Federal protection adjacent to the Mississippi River banks associated with the New Orleans to Venice project.
Section 7012(b) clarifies that all work authorized pursuant to sections 7012(a)(2) through 7012(a)(9) and Section 7013 shall be performed at full Federal expense.
Section 7013 authorizes the closure and restoration of the Mississippi River gulf outlet ecosystem. It is the intent that the full restoration of the area be included as part of the program. The Secretary should progress with the closure as soon as possible and should consider using funds and authorization provided in Public Law 109-148 and Public Law 109-234 immediately upon enactment of this act.
Section 7014 requires the Secretary to submit actual project recommendations as part of the Louisiana coastal protection and restoration analysis and design. Despite several communications, the Secretary has continued down a course that is entirely inconsistent with congressional intent in regard to this analysis and design. It remains very concerning that the Secretary considers expending $20 million to develop a document that will provide little guidance and not advance future protection efforts a wise use of taxpayer funds. Further, it is inexcusable that the Congress was forced to include this directive in statute to refocus this analysis and design on the intent of Congress. The original intent of the authorization was clear that Corps was to provide actual project recommendations, design, and a technical report. The intentional mismanagement of this effort by the Assistant Secretary of the Army for Civil Works is concerning, will cause delays in protection improvements, and may result in additional loss of life and property. Further, it is noteworthy that the statute requiring the development of this document placed the requirement upon the Chief of Engineers to provide this information to Congress. Yet the interim report was signed only by the Assistant Secretary of the Army for Civil Works. I commend GEN Carl Strock for the integrity he apparently demonstrated in this case.
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