Title 16 — Conservation
Chapter 59A — Wetlands
§ 3957. Environmental banks
Statutory text
Guidelines
Not later than 1 year after , the Task Force shall, after public notice and opportunity for comment, issue guidelines for the use, maintenance, and oversight of environmental banks in Louisiana.
Requirements
The guidelines issued pursuant to subsection (a) shall—
set forth procedures for establishment and approval of environmental banks subject to the approval of the heads of the appropriate Federal agencies responsible for implementation of Federal environmental laws for which mitigation credits may be used;
establish criteria for siting of environmental banks that enhance the resilience of coastal resources to inundation and coastal erosion in high priority areas, as identified within Federal or State restoration plans, including the restoration of resources within the scope of a project authorized for construction;
establish criteria that ensure environmental banks secure adequate financial assurances and legally enforceable protection for the land or resources that generate the credits from environmental banks;
stipulate that credits from environmental banks may not be used for mitigation of impacts required under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1342) 1 or the Endangered Species Act (16 U.S.C. 1531 et seq.) in an area where an existing mitigation bank approved pursuant to such laws within 5 years of enactment of the Water Resources Development Act of 2016 has credits available;
establish performance criteria for environmental banks; and
establish criteria and financial assurance for the operation and monitoring of environmental banks.
Environmental bank
Definition of environmental bank
In this section, the term “environmental bank” means a project, project increment, or projects for purposes of restoring, creating, or enhancing natural resources at a designated site to establish mitigation credits.
Credits
Mitigation credits created from environmental banks approved pursuant to this section may be used to satisfy existing liability under Federal environmental laws.
Savings clause
Application of Federal law
Guidelines developed under this section and mitigation carried out through an environmental bank established pursuant to such guidelines shall comply with all applicable requirements of Federal law (including regulations), including—
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
the Endangered Species Act (16 U.S.C. 1531 et seq.);
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
Statutory construction
Nothing in this section may be construed to affect—
any authority, regulatory determination, or legal obligation in effect the day before ; or
the obligations or requirements of any Federal environmental law.
Sunset
No new environmental bank may be created or approved pursuant to this section after the date that is 14 years after .
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 101–646 title III § 309 · 104 Stat. 4761
Enacted · 16 U.S.C. § 3957
Pub. L. 101–646, title III, § 309, as added Pub. L. 114–322, title IV, § 5014, Dec. 16, 2016, 130 Stat. 1903
Source evidence
Code source credit
Pub. L. 101–646, title III, § 309, as added Pub. L. 114–322, title IV, § 5014, Dec. 16, 2016, 130 Stat. 1903Water Resources Development Act of 2022
Pub. L. 117–263 div. H title LXXXI § 8382(c) · 136 Stat. 2395
Substituted · 16 U.S.C. § 3957(e)
Pub. L. 117–263 substituted “12” for “10”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–263 substituted “12” for “10”.Enacted provision · exact public law section
(c) Environmental Banks.— Section 309(e) of the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3957(e)) is amended by striking “10” and inserting “12”.Pub. L. 118–272 div. A title III § 1303(c) · 138 Stat. 3114
Substituted · 16 U.S.C. § 3957(e)
Pub. L. 118–272 substituted “14” for “12”
Unresolved: Pub. L. 118–272 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 118–272 substituted “14” for “12”.
1 of 3 references resolved to an enrolled provision · 1 partial · 1 unresolved
Editorial Notes
References in Text
Section 404 of the Federal Water Pollution Control Act, referred to in subsec. (b)(4), is section 404 of act June 30, 1948, ch. 758, which is classified to section 1344 of Title 33, Navigation and Navigable Waters. Section 1342 of Title 33 is section 402 of the Act.
The Endangered Species Act, referred to in subsecs. (b)(4) and (d)(1)(B), probably means the Endangered Species Act of 1973, Pub. L. 93–205, , 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
Enactment of the Water Resources Development Act of 2016, referred to in subsec. (b)(4), means the enactment of title I of Pub. L. 114–322, which was approved .
The Federal Water Pollution Control Act, referred to in subsec. (d)(1)(A), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, , 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
The Oil Pollution Act of 1990, referred to in subsec. (d)(1)(C), is Pub. L. 101–380, , 104 Stat. 484, which is classified principally to chapter 40 (§ 2701 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 33 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (d)(1)(D), is Pub. L. 91–190, , 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments2022–2025 · 2 rounds
2025
Subsec. (e). Pub. L. 118–272 substituted “14” for “12”.
2022
Subsec. (e). Pub. L. 117–263 substituted “12” for “10”.
Credits
2016–2025 · 3 acts
- 2016Pub. L. 101–646, title III, § 309, as added Pub. L. 114–322, title IV, § 5014, , 130 Stat. 1903
- 2022amended Pub. L. 117–263, div. H, title LXXXI, § 8382(c), , 136 Stat. 3828
- 2025Pub. L. 118–272, div. A, title III, § 1303(c), , 138 Stat. 3114.
Show as published
(Pub. L. 101–646, title III, § 309, as added Pub. L. 114–322, title IV, § 5014, , 130 Stat. 1903; amended Pub. L. 117–263, div. H, title LXXXI, § 8382(c), , 136 Stat. 3828; Pub. L. 118–272, div. A, title III, § 1303(c), , 138 Stat. 3114.)