---
kind: "section"
citation: "16 U.S.C. § 3953"
title: "16"
title_heading: "Conservation"
number: "3953"
heading: "Louisiana coastal wetlands conservation planning"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3953"
units:
  - "Chapter 59A — Wetlands"
---

# §3953. Louisiana coastal wetlands conservation planning

- (a) **Development of conservation plan—**
  - (1) **Agreement—** 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) are directed to enter into an agreement with the [Governor](/usc/16/3951.md?p=8), as set forth in paragraph (2) of this subsection, upon notification of the [Governor](/usc/16/3951.md?p=8)’s willingness to enter into such agreement.
  - (2) **Terms of agreement—**
    - (A) Upon receiving notification pursuant to paragraph (1) of this subsection, 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) shall promptly enter into an agreement (hereafter in this section referred to as the “agreement”) with the [State](/usc/16/3951.md?p=4) under the terms set forth in subparagraph (B) of this paragraph.
    - (B) The agreement shall—
      - (i) set forth a process by which the [State](/usc/16/3951.md?p=4) agrees to develop, in accordance with this section, a coastal wetlands conservation plan (hereafter in this section referred to as the “conservation plan”);
      - (ii) designate a single agency of the [State](/usc/16/3951.md?p=4) to develop the conservation plan;
      - (iii) assure an opportunity for participation in the development of the conservation plan, during the planning period, by the public and by Federal and [State](/usc/16/3951.md?p=4) agencies;
      - (iv) obligate the [State](/usc/16/3951.md?p=4), not later than three years after the date of signing the agreement, unless extended by the parties thereto, to submit the conservation plan to 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) for their approval; and
      - (v) upon approval of the conservation plan, obligate the [State](/usc/16/3951.md?p=4) to implement the conservation plan.
  - (3) **Grants and assistance—** Upon the date of signing the agreement—
    - (A) the [Administrator](/usc/16/3951.md?p=2) shall, in consultation with the [Director](/usc/16/3951.md?p=10), with the funds made available in accordance with [section 3955 of this title](/usc/16/3955.md), make grants during the development of the conservation plan to assist the designated [State](/usc/16/3951.md?p=4) agency in developing such plan. Such grants shall not exceed 75 percent of the cost of developing the plan; and
    - (B) 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) shall provide technical assistance to the [State](/usc/16/3951.md?p=4) to assist it in the development of the plan.
- (b) **Conservation plan goal—** If a conservation plan is developed pursuant to this section, it shall have a goal of achieving no net loss of wetlands in the coastal [areas](/usc/16/539m–1.md?p=1-A) of Louisiana as a result of [development activities](/usc/16/3951.md?p=3) initiated subsequent to approval of the plan, exclusive of any wetlands gains achieved through implementation of [section 3952 of this title](/usc/16/3952.md).
- (c) **Elements of conservation plan—** The conservation plan authorized by this section shall include—
  - (1) identification of the entire coastal [area](/usc/16/539m–1.md?p=1-A) in the [State](/usc/16/3951.md?p=4) that contains coastal wetlands;
  - (2) designation of a single [State](/usc/16/3951.md?p=4) agency with the responsibility for implementing and enforcing the plan;
  - (3) identification of measures that the [State](/usc/16/3951.md?p=4) shall [take](/usc/16/3102.md?p=18) in [addition](/usc/16/410r–5.md?p=c-2) to existing Federal authority to achieve a goal of no net loss of wetlands as a result of [development activities](/usc/16/3951.md?p=3), exclusive of any wetlands gains achieved through implementation of [section 3952 of this title](/usc/16/3952.md);
  - (4) a system that the [State](/usc/16/3951.md?p=4) shall implement to account for gains and losses of coastal wetlands within coastal [areas](/usc/16/539m–1.md?p=1-A) for purposes of evaluating the degree to which the goal of no net loss of wetlands as a result of [development activities](/usc/16/3951.md?p=3) in such wetlands or other waters has been attained;
  - (5) satisfactory assurances that the [State](/usc/16/3951.md?p=4) will have adequate personnel, funding, and authority to implement the plan;
  - (6) a program to be carried out by the [State](/usc/16/3951.md?p=4) for the purpose of educating the public concerning the necessity to conserve wetlands;
  - (7) a program to encourage the use of technology by [persons](/usc/16/450rr–1.md?p=b) engaged in [development activities](/usc/16/3951.md?p=3) that will result in negligible impact on wetlands; and
  - (8) a program for the review, evaluation, and identification of regulatory and nonregulatory options that will be adopted by the [State](/usc/16/3951.md?p=4) to encourage and assist private [owners](/usc/16/429b–3.md?p=4) of wetlands to continue to maintain those lands as wetlands.
- (d) **Approval of conservation plan—**
  - (1) **In general—** If the [Governor](/usc/16/3951.md?p=8) submits a conservation plan to 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) for their approval, 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) shall, within one hundred and eighty days following receipt of such plan, approve or disapprove it.
  - (2) **Approval criteria—** 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) shall approve a conservation plan submitted by the [Governor](/usc/16/3951.md?p=8), if they determine that—
    - (A) the [State](/usc/16/3951.md?p=4) has adequate authority to fully implement all provisions of such a plan;
    - (B) such a plan is adequate to attain the goal of no net loss of coastal wetlands as a result of [development activities](/usc/16/3951.md?p=3) and complies with the other requirements of this section; and
    - (C) the plan was developed in accordance with terms of the agreement set forth in [subsection (a)](#a) of this section.
- (e) **Modification of conservation plan—**
  - (1) **Noncompliance—** If 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) determine that a conservation plan submitted by the [Governor](/usc/16/3951.md?p=8) does not comply with the requirements of [subsection (d)](#d) of this section, they shall submit to the [Governor](/usc/16/3951.md?p=8) a statement explaining why the plan is not in compliance and how the plan should be changed to be in compliance.
  - (2) **Reconsideration—** If the [Governor](/usc/16/3951.md?p=8) submits a modified conservation plan to 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) for their reconsideration, the [Secretary](/usc/16/3951.md?p=1), the [Director](/usc/16/3951.md?p=10), and [Administrator](/usc/16/3951.md?p=2) shall have ninety days to determine whether the modifications are sufficient to bring the plan into compliance with requirements of [subsection (d)](#d) of this section.
  - (3) **Approval of modified plan—** If 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) fail to approve or disapprove the conservation plan, as modified, within the ninety-day period following the date on which it was submitted to them by the [Governor](/usc/16/3951.md?p=8), such plan, as modified, shall be deemed to be approved effective upon the expiration of such ninety-day period.
- (f) **Amendments to conservation plan—** If the [Governor](/usc/16/3951.md?p=8) amends the conservation plan approved under this section, any such amended plan shall be considered a new plan and shall be subject to the requirements of this section; except that minor changes to such plan shall not be subject to the requirements of this section.
- (g) **Implementation of conservation plan—** A conservation plan approved under this section shall be implemented as provided therein.
- (h) **Federal oversight—**
  - (1) **Initial report to Congress—** Within one hundred and eighty days after entering into the agreement required under [subsection (a)](#a) of this section, 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) shall report to the Congress as to the status of a conservation plan approved under this section and the progress of the [State](/usc/16/3951.md?p=4) in carrying out such a plan, including and[^1] accounting, as required under [subsection (c)](#c) of this section, of the gains and losses of coastal wetlands as a result of [development activities](/usc/16/3951.md?p=3).
  - (2) **Report to Congress—** Twenty-four months after the initial one hundred and eighty day period set forth in [paragraph (1)](#h-1), and at the end of each twenty-four-month period thereafter, 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) shall, report to the Congress on the status of the conservation plan and provide an evaluation of the effectiveness of the plan in meeting the goal of this section.

## Footnotes

[^1]: So in original. Probably should be “an”.

## Source credit

(Pub. L. 101–646, title III, § 304, Nov. 29, 1990, 104 Stat. 4783.)