ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 348
Regular Session, 2011
HOUSE BILL NO. 219
BY REPRESENTATIVES SAM JONES, BARRAS, CHAMPAGNE, CORTEZ,
GUILLORY, HARRISON, HAZEL, LAMBERT, LEBAS, LEGER, MCVEA,
GARY SMITH, ST. GERMAIN, AND WILLIAMS AND SENATOR MILLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 30:2000.12(C), relative to the Atchafalaya Basin Conservation2
Fund; to provide for funds to purchase, from willing sellers, land in the Atchafalaya3
Basin; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 30:2000.12(C) is hereby amended and reenacted to read as follows:6
ยง2000.12. Atchafalaya Basin Conservation Fund7
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C.(1) Monies appropriated from the fund shall be used exclusively by the9
Department of Natural Resources to fund projects contained in the state or federal10
Basin master plans, an annual Basin plan, or to provide match for the Atchafalaya11
Basin Floodway System, Louisiana Project. Of the monies allocated in any one12
fiscal year, seventy-five percent shall be used for water management, water quality,13
or access projects, and the remaining twenty-five percent may be used to complete14
ongoing projects and for projects that are in accordance with the mission statement15
of the state master plan. The monies in the fund shall not be used to pay salaries or16
operating costs of the program or department.17
(2) Of the monies received by the fund each year in accordance with the18
provisions of Article VII, Section 4(D)(4)(b) of the Constitution of Louisiana, a19
minimum of five percent shall be set aside until the total amount reaches ten million20
dollars. Such funds shall be used by the Department of Natural Resources for the21
purchase of land, or rights, or servitudes, specifically including conservation22
servitudes pursuant to R.S. 9:1271 et seq., from willing sellers to improve water23 ENROLLEDHB NO. 219
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quality, access, or other projects consistent with the Atchafalaya Basin Master Plan.1
Annual set-asides shall continue to be used to replenish funds used to make2
qualifying purchases, with such set-asides not to exceed ten million dollars. Any3
land, or right, or servitude thereof proposed to be purchased pursuant to the4
provisions of this Section shall be included in a Basin annual plan presented to the5
legislature, and no proposed contract made pursuant to the provisions of this Section6
shall be executed without such purchase having been included in an approved Basin7
annual plan. Willing sellers shall be permitted to avail themselves of the applicable8
provisions of R.S. 31:149, and R.S. 9:2795, for the sale of property, or any right or9
servitude thereof, made pursuant to this Section, specifically including the sale or10
lease of other rights, to the exclusion of the general public, upon the same parcel of11
land; however, the Department of Natural Resources shall not enter into an12
agreement pursuant to this Section unless such an agreement specifically provides13
that the assertion of such rights will not impact surface activities on such parcels,14
including coastal restoration and conservation projects constructed by or at the15
direction of the state. The secretary of the Department of Natural Resources shall16
seek from the United States Army Corps of Engineers, or its successor, credit17
towards any voluntary or mandatory funding matching requirement for the18
Atchafalaya Basin Floodway System, Louisiana Project equal to the value of the19
property, or right thereof, secured by any contract of sale executed pursuant to this20
Section.21
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: