SLS 13RS-376 ORIGINAL
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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 43
BY SENATOR MILLS
COASTAL PROTECT/RES AUTH. Requests the Coastal Protection and Restoration
Authority in conjunction with the Department of Natural Resources to document the costs
of complying with Section 404 of the Clean Water Act in public infrastructure projects in
the state of Louisiana.
A CONCURRENT RESOLUTI ON1
To urge and request the Coastal Protection and Restoration Authority in conjunction with2
the Department of Natural Resources to document the cost of complying with3
Section 404 of the Clean Water Act in public infrastructure projects in the state of4
Louisiana.5
WHEREAS, the state of Louisiana is facing unprecedented challenges in preserving6
and restoring its treasured coastline and wetlands, a challenge that requires the coordination7
of federal, state, local, and private resources; and8
WHEREAS, in 1972, the United States government passed the Clean Water Act,9
which created a regulatory framework that oversees dredging, filling, or discharging into any10
federal water body or any waters that are connected to or drains into any federal water body;11
and12
WHEREAS, because of the tremendous challenges in protecting our communities13
and fragile coastline, state and local governments have embarked on a number of projects14
that include dredging, drainage, and the building of levees; and15
WHEREAS, Section 404 of the Clean Water Act requires these state and local16
governments to navigate a complex regulatory scheme to receive permitting for any17
dredging, filling or discharging into federal waters or any waters connected to federal waters,18 SCR NO. 43
SLS 13RS-376 ORIGINAL
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and further requires the onerous mitigation of any wetlands impacted by such public1
infrastructure projects; and2
WHEREAS, the Coastal Protection and Restoration Authority is charged with3
achieving a sustainable coast that will protect our communities, the nation's critical energy4
infrastructure, and our bountiful natural resources for future generations; and5
WHEREAS, the Department of Natural Resources is charged with preserving and6
enhancing the nonrenewable natural resources of the state through conservation, regulation,7
management, and development to ensure that the state realizes appropriate economic benefits8
from its asset base; and9
WHEREAS, in an effort to enhance the ability of state and local governments to10
pursue public infrastructure projects that will protect the people of Louisiana, our wetlands,11
and fragile coast, it is necessary to document the unnecessary costs associated with12
complying with Section 404 of the Clean Water Act and in particular its mitigation13
requirements.14
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby15
urge and request the Coastal Protection and Restoration Authority in conjunction with the16
Department of Natural Resources to document the costs of complying with Section 404 of17
the Clean Water Act.18
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the19
chair of the Coastal Protection and Restoration Authority, the secretary of the Department20
of Natural Resources, the administrator of the United States Environmental Protection21
Agency, and the commanding general and chief of engineers of the United States Army22
Corps of Engineers.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by McHenry Lee.
DIGEST
Mills SCR No. 43
Requests CPRA in conjunction with DNR to document the costs of complying with Section
404 of the Clean Water Act in public infrastructure projects in the state of Louisiana.