---
kind: "section"
citation: "16 U.S.C. § 3952"
title: "16"
title_heading: "Conservation"
number: "3952"
heading: "Priority Louisiana coastal wetlands restoration projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3952"
units:
  - "Chapter 59A — Wetlands"
---

# §3952. Priority Louisiana coastal wetlands restoration projects

- (a) **Priority project list—**
  - (1) **Preparation of list—** Within forty-five days after November 29, 1990, the [Secretary](/usc/16/3951.md?p=1) shall convene the [Task Force](/usc/16/3951.md?p=9) to initiate a process to identify and prepare a list of [coastal wetlands restoration projects](/usc/16/3951.md?p=6) in Louisiana to provide for the long-term conservation of such wetlands and dependent [fish and wildlife](/usc/16/3102.md?p=17) populations in order of priority, based on the cost-effectiveness of such [projects](/usc/16/410r–5.md?p=c-4) in creating, restoring, protecting, or enhancing coastal wetlands, [taking](/usc/16/3102.md?p=18) into account the quality of such coastal wetlands, with due allowance for small-scale [projects](/usc/16/410r–5.md?p=c-4) necessary to demonstrate the use of new techniques or materials for coastal wetlands restoration.
  - (2) **Task Force procedures—** The [Secretary](/usc/16/3951.md?p=1) shall convene meetings of the [Task Force](/usc/16/3951.md?p=9) as appropriate to ensure that the list is produced and transmitted annually to the Congress as required by this subsection. If necessary to ensure transmittal of the list on a timely basis, the [Task Force](/usc/16/3951.md?p=9) shall produce the list by a majority vote of those [Task Force](/usc/16/3951.md?p=9) members who are present and voting; except that no [coastal wetlands restoration project](/usc/16/3951.md?p=6) shall be placed on the list without the concurrence of the lead [Task Force](/usc/16/3951.md?p=9) member that the [project](/usc/16/410r–5.md?p=c-4) is cost effective and sound from an engineering perspective. Those [projects](/usc/16/410r–5.md?p=c-4) which potentially impact navigation or flood control on the lower Mississippi River System shall be constructed consistent with [section 3953 of this title](/usc/16/3953.md).
  - (3) **Transmittal of list—** No later than one year after November 29, 1990, the [Secretary](/usc/16/3951.md?p=1) shall transmit to the Congress the list of priority [coastal wetlands restoration projects](/usc/16/3951.md?p=6) required by paragraph (1) of this subsection. Thereafter, the list shall be updated annually by the [Task Force](/usc/16/3951.md?p=9) members and transmitted by the [Secretary](/usc/16/3951.md?p=1) to the Congress as part of the President’s annual budget submission. Annual transmittals of the list to the Congress shall include a status report on each [project](/usc/16/410r–5.md?p=c-4) and a statement from the [Secretary](/usc/16/3951.md?p=1) of the Treasury indicating the amounts available for expenditure to carry out this chapter.
  - (4) **List of contents—**
    - (A) **Area identification; project description.—** The list of priority [coastal wetlands restoration projects](/usc/16/3951.md?p=6) shall include, but not be limited to—
      - (i) identification, by [map](/usc/16/430f–7.md?p=1) or other means, of the coastal [area](/usc/16/539m–1.md?p=1-A) to be covered by the [coastal wetlands restoration project](/usc/16/3951.md?p=6); and
      - (ii) a detailed description of each proposed [coastal wetlands restoration project](/usc/16/3951.md?p=6) including a justification for including such [project](/usc/16/410r–5.md?p=c-4) on the list, the proposed activities to be carried out pursuant to each [coastal wetlands restoration project](/usc/16/3951.md?p=6), the benefits to be realized by such [project](/usc/16/410r–5.md?p=c-4), the identification of the lead [Task Force](/usc/16/3951.md?p=9) member to undertake each proposed [coastal wetlands restoration project](/usc/16/3951.md?p=6) and the responsibilities of each other participating [Task Force](/usc/16/3951.md?p=9) member, an estimated timetable for the completion of each [coastal wetlands restoration project](/usc/16/3951.md?p=6), and the estimated cost of each [project](/usc/16/410r–5.md?p=c-4).
    - (B) **Pre-plan.—** Prior to the date on which the plan required by [subsection (b)](#b) of this section becomes effective, such list shall include only those [coastal wetlands restoration projects](/usc/16/3951.md?p=6) that can be substantially completed during a five-year period commencing on the date the [project](/usc/16/410r–5.md?p=c-4) is placed on the list.
    - (C) Subsequent to the date on which the plan required by [subsection (b)](#b) of this section becomes effective, such list shall include only those [coastal wetlands restoration projects](/usc/16/3951.md?p=6) that have been identified in such plan.
  - (5) **Funding—** The [Secretary](/usc/16/3951.md?p=1) shall, with the funds made available in accordance with [section 3955 of this title](/usc/16/3955.md), allocate funds among the members of the [Task Force](/usc/16/3951.md?p=9) based on the need for such funds and such other factors as the [Task Force](/usc/16/3951.md?p=9) deems appropriate to carry out the purposes of this subsection.
- (b) **Federal and State project planning—**
  - (1) **Plan preparation—** The [Task Force](/usc/16/3951.md?p=9) shall prepare a plan to identify [coastal wetlands restoration projects](/usc/16/3951.md?p=6), in order of priority, based on the cost-effectiveness of such [projects](/usc/16/410r–5.md?p=c-4) in creating, restoring, protecting, or enhancing the long-term conservation of coastal wetlands, [taking](/usc/16/3102.md?p=18) into account the quality of such coastal wetlands, with due allowance for small-scale [projects](/usc/16/410r–5.md?p=c-4) necessary to demonstrate the use of new techniques or materials for coastal wetlands restoration. Such restoration plan shall be completed within three years from November 29, 1990.
  - (2) **Purpose of the plan—** The purpose of the restoration plan is to develop a comprehensive approach to restore and prevent the loss of, coastal wetlands in Louisiana. Such plan shall coordinate and integrate [coastal wetlands restoration projects](/usc/16/3951.md?p=6) in a manner that will ensure the long-term conservation of the coastal wetlands of Louisiana.
  - (3) **Integration of existing plans—** In developing the restoration plan, the [Task Force](/usc/16/3951.md?p=9) shall seek to integrate the “Louisiana Comprehensive Coastal Wetlands Feasibility Study” conducted by the [Secretary](/usc/16/3951.md?p=1) of the Army and the “Coastal Wetlands Conservation and Restoration Plan” prepared by the [State](/usc/16/3951.md?p=4) of Louisiana’s Wetlands Conservation and Restoration [Task Force](/usc/16/3951.md?p=9).
  - (4) **Elements of the plan—** The restoration plan developed pursuant to this subsection shall include—
    - (A) identification of the entire [area](/usc/16/539m–1.md?p=1-A) in the [State](/usc/16/3951.md?p=4) that contains coastal wetlands;
    - (B) identification, by [map](/usc/16/430f–7.md?p=1) or other means, of coastal [areas](/usc/16/539m–1.md?p=1-A) in Louisiana in need of [coastal wetlands restoration projects](/usc/16/3951.md?p=6);
    - (C) identification of high priority [coastal wetlands restoration projects](/usc/16/3951.md?p=6) in Louisiana needed to address the [areas](/usc/16/539m–1.md?p=1-A) identified in [subparagraph (B)](#b-4-B) and that would provide for the long-term conservation of restored wetlands and dependent [fish and wildlife](/usc/16/3102.md?p=17) populations;
    - (D) a listing of such [coastal wetlands restoration projects](/usc/16/3951.md?p=6), in order of priority, to be submitted annually, incorporating any [project](/usc/16/410r–5.md?p=c-4) identified previously in lists produced and submitted under [subsection (a)](#a) of this section;
    - (E) a detailed description of each proposed [coastal wetlands restoration project](/usc/16/3951.md?p=6), including a justification for including such [project](/usc/16/410r–5.md?p=c-4) on the list;
    - (F) the proposed activities to be carried out pursuant to each [coastal wetlands restoration project](/usc/16/3951.md?p=6);
    - (G) the benefits to be realized by each such [project](/usc/16/410r–5.md?p=c-4);
    - (H) an estimated timetable for completion of each [coastal wetlands restoration project](/usc/16/3951.md?p=6);
    - (I) an estimate of the cost of each [coastal wetlands restoration project](/usc/16/3951.md?p=6);
    - (J) identification of a lead [Task Force](/usc/16/3951.md?p=9) member to undertake each proposed [coastal wetlands restoration project](/usc/16/3951.md?p=6) listed in the plan;
    - (K) consultation with the public and provision for public review during development of the plan; and
    - (L) evaluation of the effectiveness of each [coastal wetlands restoration project](/usc/16/3951.md?p=6) in achieving long-term solutions to arresting coastal wetlands loss in Louisiana.
  - (5) **Plan modification—** The [Task Force](/usc/16/3951.md?p=9) may modify the restoration plan from time to time as necessary to carry out the purposes of this section.
  - (6) **Plan submission—** Upon completion of the restoration plan, the [Secretary](/usc/16/3951.md?p=1) shall submit the plan to the Congress. The restoration plan shall become effective ninety days after the date of its submission to the Congress.
  - (7) **Plan evaluation—** Not less than three years after the completion and submission of the restoration plan required by this subsection and at least every three years thereafter, the [Task Force](/usc/16/3951.md?p=9) shall provide a report to the Congress containing a scientific evaluation of the effectiveness of the [coastal wetlands restoration projects](/usc/16/3951.md?p=6) carried out under the plan in creating, restoring, protecting and enhancing coastal wetlands in Louisiana.
- (c) **Coastal wetlands restoration project benefits—** Where such a determination is required under applicable law, the net ecological, aesthetic, and cultural benefits, together with the economic benefits, shall be deemed to exceed the costs of any [coastal wetlands restoration project](/usc/16/3951.md?p=6) within the [State](/usc/16/3951.md?p=4) which the [Task Force](/usc/16/3951.md?p=9) finds to contribute significantly to wetlands restoration.
- (d) **Consistency—**
  - (1) In implementing, maintaining, modifying, or rehabilitating navigation, flood control or irrigation [projects](/usc/16/410r–5.md?p=c-4), other than emergency actions, under other authorities, the [Secretary](/usc/16/3951.md?p=1), in consultation with the [Director](/usc/16/3951.md?p=10) and the [Administrator](/usc/16/3951.md?p=2), shall ensure that such actions are consistent with the purposes of the restoration plan submitted pursuant to this section.
  - (2) At the request of the [Governor](/usc/16/3951.md?p=8) of the [State](/usc/16/3951.md?p=4) of Louisiana, the [Secretary](/usc/16/3951.md?p=1) of Commerce shall approve the plan as an amendment to the [State](/usc/16/3951.md?p=4)’s coastal zone management program approved under [section 1455 of this title](/usc/16/1455.md).
- (e) **Funding of wetlands restoration projects—** The [Secretary](/usc/16/3951.md?p=1) shall, with the funds made available in accordance with this chapter, allocate such funds among the members of the [Task Force](/usc/16/3951.md?p=9) to carry out [coastal wetlands restoration projects](/usc/16/3951.md?p=6) in accordance with the priorities set forth in the list transmitted in accordance with this section. The [Secretary](/usc/16/3951.md?p=1) shall not fund a [coastal wetlands restoration project](/usc/16/3951.md?p=6) unless that [project](/usc/16/410r–5.md?p=c-4) is subject to such terms and conditions as necessary to ensure that wetlands restored, enhanced or managed through that [project](/usc/16/410r–5.md?p=c-4) will be administered for the long-term conservation of such lands and waters and dependent [fish and wildlife](/usc/16/3102.md?p=17) populations.
- (f) **Cost-sharing—**
  - (1) **Federal share—** Amounts made available in accordance with [section 3955 of this title](/usc/16/3955.md) to carry out [coastal wetlands restoration projects](/usc/16/3951.md?p=6) under this chapter shall provide 75 percent of the cost of such [projects](/usc/16/410r–5.md?p=c-4).
  - (2) **Federal share upon conservation plan approval—** Notwithstanding the previous paragraph, if the [State](/usc/16/3951.md?p=4) develops a Coastal Wetlands Conservation Plan pursuant to this chapter, and such conservation plan is approved pursuant to [section 3953 of this title](/usc/16/3953.md), amounts made available in accordance with [section 3955 of this title](/usc/16/3955.md) for any [coastal wetlands restoration project](/usc/16/3951.md?p=6) under this section shall be 85 percent of the cost of the [project](/usc/16/410r–5.md?p=c-4). In the event that the [Secretary](/usc/16/3951.md?p=1), the [Director](/usc/16/3951.md?p=10), and the [Administrator](/usc/16/3951.md?p=2) jointly determine that the [State](/usc/16/3951.md?p=4) is not [taking](/usc/16/3102.md?p=18) reasonable steps to implement and administer a conservation plan developed and approved pursuant to this chapter, amounts made available in accordance with [section 3955 of this title](/usc/16/3955.md) for any [coastal wetlands restoration project](/usc/16/3951.md?p=6) shall revert to 75 percent of the cost of the [project](/usc/16/410r–5.md?p=c-4): Provided, however, that[^1] such reversion to the lower cost share level shall not occur until the [Governor](/usc/16/3951.md?p=8) has been provided notice of, and opportunity for hearing on, any such determination by the [Secretary](/usc/16/3951.md?p=1), the [Director](/usc/16/3951.md?p=10), and [Administrator](/usc/16/3951.md?p=2), and the [State](/usc/16/3951.md?p=4) has been given ninety days from such notice or hearing to [take](/usc/16/3102.md?p=18) corrective action.
  - (3) **Form of State share—** The share of the cost required of the [State](/usc/16/3951.md?p=4) shall be from a non-Federal source. Such [State](/usc/16/3951.md?p=4) share shall consist of a cash contribution of not less than 5 percent of the cost of the [project](/usc/16/410r–5.md?p=c-4). The balance of such [State](/usc/16/3951.md?p=4) share may [take](/usc/16/3102.md?p=18) the form of lands, easements, or right-of-way, or any other form of in-kind contribution determined to be appropriate by the lead [Task Force](/usc/16/3951.md?p=9) member.
  - (4) **Existing cost-sharing agreements—** Paragraphs (1), (2), (3), and (5) of this subsection shall not affect the existing cost-sharing agreements for the following [projects](/usc/16/410r–5.md?p=c-4): Caernarvon Freshwater Diversion, Davis Pond Freshwater Diversion, and Bonnet Carre Freshwater Diversion.
  - (5) **Federal share in calendar years 1996 and 1997—** Notwithstanding paragraphs [(1)](#f-1) and [(2)](#f-2), upon approval of the conservation plan under [section 3953 of this title](/usc/16/3953.md) and a determination by the [Secretary](/usc/16/3951.md?p=1) that a reduction in the non-Federal share is warranted, amounts made available in accordance with [section 3955 of this title](/usc/16/3955.md) to carry out [coastal wetlands restoration projects](/usc/16/3951.md?p=6) under this section in calendar years 1996 and 1997 shall provide 90 percent of the cost of such [projects](/usc/16/410r–5.md?p=c-4).

## Footnotes

[^1]: So in original. Probably should be capitalized.

## Source credit

(Pub. L. 101–646, title III, § 303, Nov. 29, 1990, 104 Stat. 4779; Pub. L. 104–303, title V, § 532, Oct. 12, 1996, 110 Stat. 3774.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (f)(4). Pub. L. 104–303, § 532(1), substituted “(3), and (5)” for “and (3)”.

Subsec. (f)(5). Pub. L. 104–303, § 532(2), added par. (5).