Page:United States Statutes at Large Volume 121.djvu/1299

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[121 STAT. 1278]
[121 STAT. 1278]
PUBLIC LAW 110-000—MMMM. DD, 2007

121 STAT. 1278

PUBLIC LAW 110–114—NOV. 8, 2007

the non-Federal share of the cost of any other study or project under this title. (e) PERIODIC MONITORING.— (1) IN GENERAL.—To ensure that the contributions of the non-Federal interest equal the non-Federal share of the cost of a study or project under this title during each 5-year period beginning after the date of commencement of the first study or project under this title, the Secretary shall— (A) monitor for each study or project under this title the non-Federal provision of cash, in-kind services and materials, and land, easements, rights-of-way, relocations, and disposal areas; and (B) manage the requirement of the non-Federal interest to provide for each such study or project cash, in-kind services and materials, and land, easements, rights-of-way, relocations, and disposal areas. (2) OTHER MONITORING.—The Secretary shall conduct monitoring separately for the study phase, construction phase, preconstruction engineering and design phase, and planning phase for each project authorized on or after the date of enactment of this Act for all or any portion of the coastal Louisiana ecosystem. (f) AUDITS.—Credit for land, easements, rights-of-way, relocations, and disposal areas (including land value and incidental costs) provided under this section, and the cost of work provided under this section, shall be subject to audit by the Secretary. SEC. 7008. PROJECT JUSTIFICATION.

(a) 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 any project or activity under this title or any other provision of law to protect, conserve, and restore the coastal Louisiana ecosystem, the Secretary may determine that— (1) the project or activity is justified by the environmental benefits derived by the coastal Louisiana ecosystem; and (2) no further economic justification for the project or activity shall be required if the Secretary determines that the project or activity is cost effective. (b) LIMITATION ON APPLICABILITY.—Subsection (a) shall not apply to any separable element of a project intended to produce benefits that are predominantly unrelated to the protection, preservation, and restoration of the coastal Louisiana ecosystem. SEC. 7009. INDEPENDENT REVIEW.

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Establishment.

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13:52 Jan 23, 2009

The Secretary shall establish a council, to be known as the ‘‘Louisiana Water Resources Council’’, which shall serve as the exclusive peer review panel for activities conducted by the Corps of Engineers in the areas in the State of Louisiana declared as major disaster areas in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) in response to Hurricane Katrina or Rita of 2005, in accordance with the requirements of section 2034.

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