Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XXXI - Coastal Protection and Restoration Authority
Chapter 1 - Natural Resource Damage Restoration Banking
Subchapter B - NRD Restoration Banking Framework
Section XXXI-111 - NRD Restoration Banking Program Requirements
Universal Citation: LA Admin Code XXXI-111
Current through Register Vol. 50, No. 9, September 20, 2024
A. In determining the eligibility of a proposed NRD restoration bank, the BRT shall consider the following factors:
1. the potential restoration bank sponsors
compliance history, including but not limited to compliance with federal,
state, parish, and local laws, rules, regulations, policies, and
programs;
2. the proposed financial
assurances submitted pursuant to these regulations;
3. the sponsors proposed actions to restore,
rehabilitate, or replace the equivalent of natural resources and services
likely to be injured by oil spills in the Louisiana coastal area;
4. how the implementation of the NRD
restoration bank will affect (positive or negative) natural resources, cultural
resources, land ownership, and encumbrances;
5. whether the NRD restoration bank is
consistent with the goals and objectives of the coastal master plan;
and
6. any other information deemed
appropriate by the BRT.
B. Coastal Master Plan
1. To be eligible for the NRD restoration
banking program, proposed banks must be consistent with the goals and
objectives of the coastal master plan. To be considered consistent with the
goals and objectives of the coastal master plan, the proposed NRD restoration
bank must strive to achieve one or more of the coastal master plans objectives
and must not be detrimental to or conflict with any of the projects contained
in the coastal master plan.
2. CPRA
prefers proposed NRD restoration banks that are included as projects in the
coastal master plan, or that are increments, add-ons, or enhancements of
coastal master plan projects. NRD restoration banks implementing coastal master
plan projects perform restoration in areas the state has designated as high
priority, providing elevated ecological benefit and increased sustainability.
To incentivize such banks, the BRT will examine and take advantage of
efficiencies in project review for banks that propose to implement coastal
master plan projects. For example, the BRT will consider information regarding
and analyses of projects the State has already performed through the coastal
master plan development process, as well as any engineering, design, and
permitting already performed. The BRT may further elect to reduce information
required in the prospectus scope of work or provide a more favorable schedule
for credit release, contingent on sufficient financial assurance. The BRT shall
make decisions regarding the application of these and other incentives on a
case-by-case basis and only where consistent with the requirements of OPA and
OSPRA.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:214.5.2.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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