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Regular Session, 2010
HOUSE BILL NO. 1090
BY REPRESENTATIVE DOVE
COASTAL COMMISSION: Provides relative to various issues with the Office of Coastal
Protection and Restoration
AN ACT1
To amend and reenact R.S. 36:351(B), R.S. 38:111, 112, 213, 221, and 226, R.S.2
39:366.3(1), 1482(A)(1)(a), R.S. 41:1701.1(D) and 1702(D)(1), and R.S.3
49:214.61(A) and to enact R.S. 39:14(7) and R.S. 49:214.5.2(F) and 214.6.10(C),4
relative to the Office of Coastal Protection and Restoration; to provide relative to5
responsibilities of the office with coastal levees; to provide relative to immunity for6
cooperating landowners; to provide for the responsibilities of the office in7
reclamation of land; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S.36:351(B) is hereby amended and reenacted to read as follow:10
§351. Department of Natural Resources; creation, domicile; composition; purposes11
and functions12
* * *13
B. The Department of Natural Resources, through its offices and officers,14
shall be responsible for the conservation, management, and development of water,15
minerals, and other such natural resources of the state, including coastal restoration16
and management, except timber and fish and wildlife and their habitats.17
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Section 2. R.S. 38:111, 112, 213, 221, and 226 are hereby amended and reenacted1
to read as follows:2
§111. Contracts by drainage districts, levee boards, and political subdivisions with3
Department of Public Works or the Office of Coastal Protection and4
Restoration5
Any drainage or subdrainage district, gravity drainage, or gravity subdrainage6
district, levee board, or political subdivision may contract with the Department of7
Public Works or, for projects in the coastal area as defined in R.S. 49:214.2(3), the8
Office of Coastal Protection and Restoration, upon any terms for the payment of the9
cost of the drainage and reclamation projects within the confines of the district or10
districts involved proportionately by the Department of Public Works, or the Office11
of Coastal Protection and Restoration, and the districts as may be agreed upon12
between the Department of Public Works, or the Office of Coastal Protection and13
Restoration, and the governing authorities of the districts entering into any contract.14
§112. Cooperation with federal government and State of Mississippi in building15
levees 16
By and with the concurrence and approval of the local levee authorities in17
interest in Louisiana, and of the Department of Public Works, or, for levees in the18
coastal area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and19
Restoration, the state of Mississippi and the United States Government, or either of20
them, jointly or severally, may construct and have entire charge and control of, both21
in construction and maintenance, and for protection and preservation, all levees22
which may be deemed necessary by the grantees, or by either of them, for protection23
against overflow from the Mississippi River, through and over all parts of the State24
of Louisiana which by the changes of the channel of the Mississippi River have been25
separated from other parts of the state of Louisiana, and which are now on the east26
side of the present channel of the river, and attached to the mainland of the state of27
Mississippi. The levees shall be of the dimensions and shall be located, and built28
from adjacent soil, along the lines, and for the distances, determined by the engineers29 HLS 10RS-1099 ENGROSSED
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in charge of levee construction either for the United States or for the State of1
Mississippi, or for both.2
* * *3
§213. Riding or hauling on levees prohibited4
A. No person shall ride, drive, or haul upon the public levees except where,5
in the judgment of the levee commissioners of a district and the Department of6
Public Works, or, for levees in the coastal area as defined in R.S. 49:214.2(3), the7
Office of Coastal Protection and Restoration, ample provision has been made to8
guard against any damage to which the levees may thereby be exposed from wear,9
tear, and abuse.10
B. Whoever violates this Section shall be fined not more than fifty dollars11
or imprisoned for not more than thirty days, or both.12
C. This Section shall not be construed to restrict the proper officers of the13
state or of any levee district or parish while in the performance of duty in inspecting,14
guarding, or repairing the levees.15
D. Nothing in this Section shall interfere with the crossing over any public16
levees, at ramps or inclines established under plans and specifications of the17
Department of Public Works, or, for levees in the coastal area as defined in R.S.18
49:214.2(3), the Office of Coastal Protection and Restoration, for the purpose of19
transporting any material that may be used or required in the business of the20
population living behind the levees.21
* * *22
§221. Rice-flumes, dahls, or pipes in public levees prohibited23
A. No person shall place in, through, or under any public levee any rice-24
flume, dahl, pipe, or other conduit or, after due notification by the levee board or25
governing authority of the parish, shall fail to remove from the public levee any rice-26
flume, dahl, pipe, or other conduit that may at such date exist.27
B. Whoever violates this Section shall be fined not more than five hundred28
dollars or imprisoned for not more than sixty days, or both.29 HLS 10RS-1099 ENGROSSED
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C. For each conviction under this Section the district attorney prosecuting1
shall receive a fee of fifteen dollars.2
D. The provisions of this Section shall not be applicable to levees on the3
Mississippi River not embraced within the limits of the Fifth Louisiana, the4
Atchafalaya Basin, the Lafourche Basin, the Grand Prairie, the Buras, and the5
Orleans Levee Districts.6
E. The provisions of this Section shall not apply to pipes or other conduits7
placed through or under the public levees in New Orleans, or in municipalities or8
parishes when and where needed for the purpose of sewerage, gas, or for furnishing9
gas or electricity for the use of the cities, municipalities, or parishes and their10
inhabitants.11
F. The laying of such pipes through or under the public levees in cities,12
municipalities, or parishes shall be with the consent and approval of the levee board,13
the Department of Public Works, for levees in the coastal area as defined in R.S.14
49:214.2(3), the Office of Coastal Protection and Restoration, and the governing15
authorities of the cities, municipalities, or parishes and under the supervision of the16
Department of Public Works, or the Office of Coastal Protection and Restoration.17
G. This Section shall not apply to locks connecting navigation canals with18
the Mississippi River.19
* * *20
§226. Permits for levee crossings21
If an appointed board or commission having jurisdiction over levees receives22
letters of no objection from the United States Army Corps of Engineers and the23
Louisiana Department of Transportation and Development, office of public works,24
or, for levees in the coastal area as defined in R.S. 49:214.2(3), the Office of Coastal25
Protection and Restoration, in response to a request to the board or commission for26
a permit or letter of no objection to a levee crossing or a request to renew or transfer27
an existing permit, it shall be incumbent upon and a ministerial duty of the executive28
or administrative officer to issue the requested permit or letter of no objection to the29 HLS 10RS-1099 ENGROSSED
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crossing, subject to any conditions or stipulations contained in the letters received1
from the United States Army Corps of Engineers and the Louisiana Department of2
Transportation and Development, office of public works or, for levees in the coastal3
area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and Restoration.4
The board or commission may impose customary fees, bonds, and other general5
stipulations. The executive or administrative officer shall enforce such permits for6
levee crossings only to the extent of the conditions and stipulations contained in the7
permit or letter of no objection.8
Section 3. R.S. 39:366.3(1) and 1482(A)(1)(a) are hereby amended and reenacted9
and R.S. 39:14(7) is hereby enacted to read as follow:10
§14. Exceptions11
The following shall not be subject to the provision of R.S. 39:11 and 12 but12
shall be subject to the provisions of R.S. 39:13:13
* * *14
(7) Any interest in immovable property, with the exception of the acquisition15
of full ownership, including but not limited to temporary easements, rights-of-way,16
rights-of-entry, predial servitudes, and personal servitudes acquired by the state for17
the purposes of integrated coastal protection as defined in R.S. 49:214.2(4).18
* * *19
§366.3. Definitions20
In this Part, the following words and terms shall have the meanings ascribed21
in this Section unless the context clearly requires otherwise:22
(1) "Cooperative endeavor" means any agreement including one of23
cooperative financing, other than a competitive bid or competitively negotiated24
contract, whether contracted pursuant to Chapter 10 of Title 38 or Chapter 16 or 1725
of Title 39 of the Louisiana Revised Statutes of 1950 or pursuant to a request for26
proposals, request for qualifications, solicitation for offers, or other recognized27
process for competitively seeking qualified contractors, to which the state is a party28
and pursuant to which the state has obligated state resources, whether funds, credit,29 HLS 10RS-1099 ENGROSSED
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property, or things of value of the state to a nonpublic person for the accomplishment1
of a public purpose or in the public interest, but shall not include projects contained2
in the comprehensive state capital outlay budget, projects pursuant to the Governor's3
Economic Development Rapid Response Program, and coastal restoration projects4
administered by the Department of Natural Resources integrated coastal protection5
programs and projects authorized in the annual coastal protection and restoration6
plan and administered by the Office of Coastal Protection and Restoration.7
* * *8
§1482. Application of the Chapter9
A. Except as otherwise provided herein, this Chapter shall apply to every10
expenditure of public funds in excess of two thousand dollars by the executive11
branch of this state for professional, personal, consulting, and social services12
procurement. However, this Chapter shall not apply to the following procurements:13
(1)(a) Professional services for engineering design contracts, construction14
contracts, or contracts for surveying pertaining to the maintenance and construction15
of roads and bridges, flood control, integrated coastal protection, aviation, public16
transportation, or public works entered into by the Department of Transportation and17
Development as provided in Part XIII-A of Chapter 1 of Title 48 of the Louisiana18
Revised Statutes of 1950.19
* * *20
Section 4. R.S. 41:1701.1(D) and 1702(D)(1) are hereby amended and reenacted to21
read as follows:22
§1701.1. State Land Office; powers, duties, functions, and responsibilities23
* * *24
D. The State Land Office shall identify all public lands and water bottoms25
within the state and develop and maintain a current master list of those lands and26
water bottoms. All state agencies, including but not limited to Department of27
Culture, Recreation and Tourism, the Department of Natural Resources, the Office28
of Coastal Protection and Restoration, the Department of Wildlife and Fisheries, the29 HLS 10RS-1099 ENGROSSED
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Department of Transportation and Development, the Louisiana Geological Survey,1
the state's colleges and universities, all levee boards, drainage boards, parish2
governing authorities, and any districts created under the jurisdiction of levee boards,3
drainage boards, or parish governing authorities, shall cooperate with the State Land4
Office in developing the master list.5
* * *6
§1702. Reclamation of lands lost through erosion, compaction, subsidence, and sea7
level rise; land acquisition for certain coastal projects; requirements8
* * *9
D. In all cases in which a definitive boundary may be arrived at by mutual10
consent or through the procedures applicable to contested boundaries, the11
administrator of the State Land Office, as provided in Paragraph (1) of this12
Subsection, or the secretary of the Department of Natural Resources, as provided in13
Paragraph (2) of this Subsection, may allow reclamation.14
(1) The administrator of the State Land Office may issue a permit for the15
carrying out of the work necessary to implement the recovery of the land lost through16
erosion, compaction, subsidence, or sea level rise; however, no such permit shall be17
issued until plans and specifications for such work have been first submitted to the18
governing authority of the parish in which the proposed project is located, the19
Department of Transportation and Development, the Department of Wildlife and20
Fisheries, the Office of Coastal Protection and Restoration, and the Department of21
Natural Resources for review and comment not less than sixty days prior to the22
issuance of such permit. No permit shall be required for projects to facilitate the23
development, design, engineering, implementation, operation, maintenance, or repair24
of coastal or barrier island restoration projects by the Department of Natural25
Resources Office of Coastal Protection and Restoration under R.S. 49:214.1 et seq.26
or other applicable law or projects for the Atchafalaya Basin Program. Within sixty27
days of completion of the reclamation project, the riparian owner shall submit to the28
State Land Office proof of the extent of the land area actually reclaimed in the29 HLS 10RS-1099 ENGROSSED
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manner provided in Subsection C of this Section for showing the submerged area,1
which map or plat shall be employed for fixing the definitive boundary between the2
reclaimed land area and the state water bottoms. Permits issued pursuant to these3
provisions shall be effective for a period not to exceed two years from the date of4
issuance and shall thereupon expire. All work remaining or any additional work may5
be completed only by application in the manner provided by this Section.6
* * *7
Section 5. R.S. 49:214.61(A) is hereby amended and reenacted and R.S.8
49:214.5.2(F) and 214.6.10(C) are hereby enacted to read as follows:9
§214.5.2. Functions and responsibilities; Coastal Protection and Restoration10
Authority11
* * *12
F. Notwithstanding any law to the contrary, upon approval by the authority,13
the state, or any political subdivision thereof, may use its own employees or14
equipment for satisfying any mitigation requirements resulting from or related to an15
integrated coastal protection project.16
* * *17
§214.6.10. Hold Harmless and cooperative landowner immunity18
* * *19
C. Landowners who, without cost to the state or its political subdivisions,20
provide the land, property, access rights, servitudes, easements, or other property21
interests necessary for a project conducted pursuant to the authority of R.S.22
49:214.5.2(A)(7), shall be immune from premise liability, loss, damage, or injury to23
any third party resulting from or caused by the construction, operation, or24
maintenance of that integrated coastal protection project.25
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§214.61. Department of Natural Resources Office of Coastal Protection and1
Restoration; acquisition of property prior to judgment; definitions2
A. When the state Department of Natural Resources Office of Coastal3
Protection and Restoration cannot amicably acquire property in the coastal zone4
needed for barrier island preservation, restoration, or creation for coastal wetlands5
purposes, it may acquire the same by expropriation and may acquire the property6
prior to judgment in the trial court as provided in this Part.7
* * *8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Dove HB No. 1090
Abstract: Provides relative to various aspects of the Office of Coastal Protection and
Restoration.
Present law provides relative to contracts between drainage districts, levee boards, or
political subdivisions with the Dept. of Public Works for drainage or reclamation projects.
Proposed law adds the Office of Coastal Protection and Restoration for those projects
located in the coastal area.
Present law provides for concurrence and approval of the levee boards for projects entered
into by Miss., La., and the U.S. government. Proposed law adds the Office of Coastal
Protection and Restoration for those projects located in the coastal area.
Present law provides for restriction of certain activities on public levees unless approved by
the levee district and the Dept. of Public Works. Exempts crossing public levees by projects
of the Dept. of Public Works. Proposed law adds the Office of Coastal Protection and
Restoration for those projects and levees located in the coastal area.
Present law prohibits pipes, flumes, and dahls to be placed in, through, or on a levee and
requires removal of such upon notice from the levee board. Provides for exceptions for
certain levee districts. Provides that the laying of pipes through or under levees must be with
the consent of the levee board and the Dept. of Public Works. Proposed law adds the Office
of Coastal Protection and Restoration for those projects located in the coastal area.
Present law provides for letters of no objection from the corps and the office of public works
for issuance of a permit to a project which involves a levee crossing. Proposed law adds the
Office of Coastal Protection and Restoration for those projects located in the coastal area.
Present law requires the State Land Office to identify all public land and water bottoms.
Requires all state agencies to cooperate. Proposed law adds the Office of Coastal Protection
and Restoration to the list of those agencies.
Present law, relative to reclamation of lands, requires review of applications for reclamation
by DOTD, the Dept. of Wildlife and Fisheries, and the Dept. of Natural Resources. HLS 10RS-1099 ENGROSSED
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Proposed law adds the Office of Coastal Protection and Restoration to the list of agencies
reviewing those applications.
Present law provides that the commissioner of administration administers and supervises all
state lands, water bottoms, and facilities. Also, requires the commissioner to create a central
database for all state immovable property. Exempts certain properties from the
administration and supervision of the commissioner but not from inclusion in the database
of state properties. Proposed law adds to the exemption temporary interests in property
acquired for the purposes of integrated coastal protection.
Present law provides relative to accountability for the use of state resources. Defines
"cooperative endeavor" to mean an agreement through other than a competitive bid or
negotiation for contracts. Requires certain reporting relative to cooperative endeavors.
Exempts from the definition of cooperative endeavor projects in the capital outlay budget,
projects pursuant to the Governor's Economic Development Rapid Response Program and
coastal restoration projects administered by the Dept. of Natural Resources. Proposed law
changes from the Dept. of Natural Resources to integrated coastal protection programs and
projects administered by the Office of Coastal Protection and Restoration.
Present law, relative to state procurement of professional services, exempts the procurement
of certain professional services such as engineering, surveying, and construction contracts
for roads, bridges, flood control, and public works by DOTD. Proposed law adds "integrated
coastal protection" projects to that list of exemptions.
Proposed law authorizes, upon approval by the Coastal Protection and Restoration Authority
(CPRA), the state, or any political subdivision thereof, may use its own employees or
equipment for satisfying mitigation requirements resulting from or related to an integrated
coastal protection project.
Present law holds harmless the state, its political subdivision, the U.S., and the employees
and contractors of all from damages associated with integrated coastal restoration projects.
Proposed law further provides that landowners who, without cost to the state or its political
subdivisions, provide property, access, easements, and other property interests for an
integrated coastal restoration project shall be immune from premise liability.
Present law authorizes the Dept. of Natural Resources to acquire property in the coastal zone
for barrier island preservation and restoration or creation of coastal wetlands. Proposed law
changes that authority to the Office of Coastal Protection and Restoration.
(Amends R.S. 36:351(B), R.S. 38:111, 112, 213, 221, and 226, R.S. 39:366.3(1),
1482(A)(1)(a), R.S. 41:1701.1(D) and 1702(D)(1), and R.S. 49:214.61(A); Adds R.S.
39:14(7) and R.S. 49:214.5.2(F) and 214.6.10(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Authorized, upon approval by the CPRA, the state, or any political subdivision
thereof, that they may use their own employees or equipment for satisfying
mitigation requirements resulting from or related to an integrated coastal
protection project.