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Regular Session, 2012
HOUSE BILL NO. 916
BY REPRESENTATIVE ST. GERMAIN
COASTAL COMMISSION: Renames the state entities responsible for coastal protection
and restoration
AN ACT1
To amend and reenact R.S. 36:4(Z), R.S. 38:81(C), 101(A) and (B), 102, 103, 107(A), 108,2
109, 213(A) and (D), and 330.1(K)(6), R.S. 49:214.1(E) and (F), 214.2(1) through3
(12), 214.3.1(A)(3), 214.4.2(A)(introductory paragraph) and (C)(1), 214.5.1(A),4
(B)(introductory paragraph) and (15), and (C), 214.5.2(A)(introductory paragraph),5
(5) and (11), (B)(introductory paragraph), (1), (3), and (5), (C), (D), (E), and (F),6
214.5.3(A)(1), (B), (D)(2)(introductory paragraph), (E)(1), (4), and (5), 214.5.4(G)(8),7
214.5.7, 214.6.1, 214.6.2(A), (B), (C), (D)(introductory paragraph) and (1), and (E),8
214.6.3(A)(4) and (B), 214.6.6(A)(introductory paragraph), (C), and (D), 214.6.7(A),9
(B), (E)(3), and (F), 214.6.9, and 214.61(A) and (D)(2), R.S. 56:421(B)(13) and10
(E)(4), 424(H), 432.1(A), (B), (C)(introductory paragraph) and (1), and (D)(1), and11
432.2 and to repeal R.S. 49:214.3.1(A)(4) and 214.6.8, relative to the Coastal12
Protection and Restoration Authority and the Office of Coastal Protection and13
Restoration; to change the names of each entity; to provide relative to the powers,14
duties, and authorities of each entity; to provide relative to appointment to the Coastal15
Protection and Restoration Authority Board; and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. R.S. 36:4(Z) is hereby amended and reenacted to read as follows: 18
§4. Structure of executive branch of state government19
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Z. The Governor's Advisory Commission on Coastal Protection, Restoration1
and Conservation (R.S. 49:214.4.1) and the Coastal Protection and Restoration2
Authority Board (R.S. 49:214.5.1 et seq.), and the Office of Coastal Protection and3
Restoration Authority (R.S. 49:214.6.1 et seq.), shall be placed within the office of4
the governor and shall perform and exercise their powers, duties, functions, and5
responsibilities as provided by law.6
* * *7
Section 2. R.S. 38:81(C), 101(A) and (B), 102, 103, 107(A), 108, 109, 213(A) and8
(D), and 330.1(K)(6) are hereby amended and reenacted to read as follows:9
§81. Governor authorized to enter into contracts with federal authorities10
* * *11
C. The governor may utilize to whatever extent they are empowered by law12
to function the various levee boards or boards of levee commissioners of this state,13
the Department of Transportation and Development, the Coastal Protection and14
Restoration Authority, the Office of Coastal Protection and Restoration Authority15
Board, or any other state board, commission, agency, or political subdivision. These16
authorities shall, to the fullest extent of their capacity, fully cooperate and coordinate17
their efforts under his direction in carrying out and accomplishing the obligations and18
requirements of the agreements and undertakings.19
* * *20
§101. West Bank Hurricane Protection Projects21
A. For the purpose established in this Chapter, the Coastal Protection and22
Restoration Authority Board shall be designated the nonfederal sponsor for the23
construction of the Westwego to Harvey Canal hurricane protection project, for24
modifications of the Westwego to Harvey Canal hurricane protection project to25
include the Lake Cataouatche area, the East of Harvey Canal hurricane protection26
project, and for any other future project modifications or additions within the parishes27
of Jefferson, Orleans, Plaquemines, and St. Charles. The chairman of the Coastal28
Protection and Restoration Authority Board is authorized to negotiate and contract29 HLS 12RS-569 REENGROSSED
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with the United States of America to provide such assurances and cooperation as are1
necessary for the purposes authorized in this Chapter, including the negotiation and2
contract for any future modifications to the current local cooperation agreement3
between the West Jefferson Levee District and the Department of the Army for the4
Westwego to Harvey Canal hurricane protection project. The chairman of the Coastal5
Protection and Restoration Authority Board or the executive director of the Coastal6
Protection and Restoration Authority is authorized to contract for the construction of7
these projects, including any future project modifications or additions, and for the8
financing of the nonfederal share of the construction cost by the United States to be9
repaid by the state, with interest over a thirty-year period.10
B. The chairman of the Coastal Protection and Restoration Authority Board11
or the executive director of the Coastal Protection and Restoration Authority is12
authorized to proceed and cooperate in the planning, engineering, design, and13
construction of the Westwego to Harvey Canal hurricane protection project, for14
modifications of the Westwego to Harvey Canal hurricane protection project to15
include the Lake Cataouatche area, the East of Harvey Canal hurricane protection16
project, and for any other future project modifications or additions within the parishes17
of Jefferson, Orleans, Plaquemines, and St. Charles; to wit, providing the highest level18
of hurricane protection, consisting of levees, floodwall, floodgates, and related19
structures, as may be economically justified for those portions of Jefferson, Orleans,20
Plaquemines, and St. Charles parishes located on the west bank of the Mississippi21
River generally between the easternmost guide levee of the Davis Pond Freshwater22
Diversion Project in St. Charles Parish and the community of Oakville, Louisiana, in23
Plaquemines Parish.24
* * *25
§102. Powers26
A. The Coastal Protection and Restoration Authority Board and the Coastal27
Protection and Restoration Authority may do all things necessary to carry out the28 HLS 12RS-569 REENGROSSED
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purposes of this Chapter, including but not limited to the things expressly provided1
for in this Section.2
B. The Coastal Protection and Restoration Authority Board and the Coastal3
Protection and Restoration Authority may enter into contracts and agreements of any4
nature for the purposes of this Chapter with any person either natural or artificial,5
corporation, association, or other entity, including public corporations, levee districts,6
port authorities, state departments, agencies, parishes, municipalities, the United7
States government and agencies thereof, or any combination thereof or with8
instrumentalities of every kind, and may designate any department, agency,9
municipality, parish, levee district, and industrial district, or other political10
subdivision of the state as its agent to carry out the purposes of and the powers11
granted under this Chapter. The chairman of the Coastal Protection and Restoration12
Authority Board or the executive director of the Coastal Protection and Restoration13
Authority may negotiate with and enter into contracts or other agreements with any14
such person or entity concerning the joint administration of the project, including15
jurisdictional aspects of the state's administration of the project, and providing lands,16
servitudes and rights-of-way, and the relocation of project facilities and may engage17
jointly in the exercise of any power and in the construction of any facilities and18
improvements for the purposes of the project on any basis, including matching of19
funds, which the participating entities may undertake under any provision of general20
or special law.21
C. The Coastal Protection and Restoration Authority Board and the Coastal22
Protection and Restoration Authority may institute or defend in courts of competent23
jurisdiction, including for the purposes of this Chapter, the courts and administrative24
tribunals of the United States of America, any legal proceedings that may be25
necessary or required to compel compliance with this Chapter or any actions taken26
hereunder or that may arise out of the performance of the obligations and duties27
imposed by this Chapter.28 HLS 12RS-569 REENGROSSED
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D. The powers granted under this Chapter shall be regarded as supplemental1
to powers conferred on the Coastal Protection and Restoration Authority Board and2
the Coastal Protection and Restoration Authority by other laws.3
§103. Coordination and cooperation4
A. It is the policy of this Chapter that the West Bank hurricane protection5
projects be pursued so that there is full coordination and cooperation between all6
federal and state entities that have complementing or overlapping interests and7
authority in the projects. The chairman of the Coastal Protection and Restoration8
Authority Board or the executive director of the Coastal Protection and Restoration9
Authority is authorized to coordinate all of the state and local governmental aspects10
of the projects so that there is an orderly development of the project.11
B. The chairman of the Coastal Protection and Restoration Authority Board12
or the Coastal Protection and Restoration Authority is authorized to call upon the13
West Jefferson Levee District, the Orleans Levee District, Plaquemines Parish, St.14
Charles Parish, and all other commissions and districts and state agencies,15
departments, and political subdivisions of the state for full and complete cooperation16
and assistance in carrying out the provisions of this Chapter, and all such entities are17
hereby directed and it shall be their duty to cooperate and assist the department to the18
fullest extent possible.19
* * *20
§107. Lower Atchafalaya River interim flood protection projects21
A. For the purpose established in this Chapter and for the purposes of22
designating the Coastal Protection and Restoration Authority Board as the nonfederal23
sponsor for the construction of the Lower Atchafalaya River interim flood protection24
project, the chairman of the Coastal Protection and Restoration Authority Board may25
negotiate and contract with the United States to provide such assurances and26
cooperation as is necessary. The chairman of the Coastal Protection and Restoration27
Authority Board or executive director the Coastal Protection and Restoration28
Authority is authorized to contract for the construction of these projects and for the29 HLS 12RS-569 REENGROSSED
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financing of the nonfederal share of the construction cost by the United States to be1
repaid by the state, with interest.2
* * *3
§108. Powers4
A. The Coastal Protection and Restoration Authority Board or the Coastal5
Protection and Restoration Authority may do all things necessary to carry out the6
purposes of this Chapter, including but not limited to the things expressly provided7
for in this Section.8
B.(1) The chairman of the Coastal Protection and Restoration Authority9
Board or the executive director of the Coastal Protection and Restoration Authority10
may enter into contracts and agreements of any nature for the purposes of this Chapter11
with any person, natural or artificial, corporation, association or other entity,12
including public corporations, levee districts, port authorities, state departments,13
agencies, parishes, municipalities, the United States government and agencies thereof,14
or any combination thereof or with instrumentalities of every kind, and may designate15
any department, agency, municipality, parish, levee district, and industrial district or16
other political subdivision of the state as its agent to carry out the purposes of the17
powers granted under this Chapter.18
(2) The chairman of the Coastal Protection and Restoration Authority Board19
or the executive director of the Coastal Protection and Restoration Authority may20
negotiate with and enter into contracts or other agreements with any such person or21
entity concerning the joint administration of the project, including jurisdictional22
aspects of the state's administration of the project, and providing lands, servitudes,23
and rights-of-way, the relocation of project facilities and may engage jointly in the24
exercise of any power and in the construction of any facilities and improvements for25
the purposes of the project on any basis, including matching of funds, which the26
participating entities may undertake under any provision of general or specific law.27
C. The chairman of the Coastal Protection and Restoration Authority Board28
or the executive director of the Coastal Protection and Restoration Authority may29
institute or defend in courts of competent jurisdiction, including for the purposes of30 HLS 12RS-569 REENGROSSED
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this Chapter the courts and administrative tribunals of the United States, any legal1
proceedings that may be necessary or required to compel compliance with this2
Chapter or any actions taken hereunder or that may arise out of the performance of3
the obligations and duties imposed by the Chapter.4
D. The powers granted under this Chapter shall be regarded as supplemental5
to powers conferred on the Coastal Protection and Restoration Authority Board or the6
Coastal Protection and Restoration Authority by other laws.7
§109. Coordination and cooperation8
A. It is the policy of this Chapter that the Lower Atchafalaya interim flood9
protection projects be pursued so that there is full coordination and cooperation10
between all federal and state entities that have complementing or overlapping interests11
and authority in the projects. The chairman of the Coastal Protection and Restoration12
Authority Board or the executive director of the Coastal Protection and Restoration13
Authority may coordinate all of the state and local governmental aspects of the14
projects so that there is an orderly development of the project.15
B. The chairman of the Coastal Protection and Restoration Authority Board16
or the executive director of the Coastal Protection and Restoration Authority may call17
upon the cities of Morgan City and Berwick, and all other commissions and districts18
and state agencies, departments, and political subdivisions of the state for full and19
complete cooperation and assistance in carrying out the provisions of this Chapter,20
and all such entities are hereby directed and it shall be their duty to cooperate and21
assist the department to the fullest extent possible.22
* * *23
§213. Riding or hauling on levees prohibited24
A. No person shall ride, drive, or haul upon the public levees or integrated25
coastal protection projects or their rights-of-way except where, in the judgment of the26
levee commissioners of a district and the Department of Transportation and27
Development, or, for levees or integrated coastal protection projects in the coastal28
area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and Restoration29
Authority, ample provision has been made to guard against any damage to which the30 HLS 12RS-569 REENGROSSED
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levees or integrated coastal protection projects may thereby be exposed from wear,1
tear, and abuse. Each levee district shall publish guidance, erect signage, and require2
special permits as they deem appropriate to allow them to make provisions for limited3
riding, driving, or hauling.4
* * *5
D. Nothing in this Section shall interfere with the crossing over any public6
levees, at ramps or inclines established under plans and specifications of the7
Department of Transportation and Development, or, for levees or integrated coastal8
protection projects in the coastal area as defined in R.S. 49:214.2(3), the Office of9
Coastal Protection and Restoration Authority. Nothing in this Section shall interfere10
with the ability of the Coastal Protection and Restoration Authority Board to carry out11
its responsibilities as the local sponsor for all integrated coastal protection projects,12
in its jurisdiction, pursuant to R.S. 49:214.1(F).13
* * *14
§330.1. Southeast Louisiana Flood Protection Authority-East and Southeast15
Louisiana Flood Protection Authority-West Bank; territorial jurisdiction;16
board of commissioners; appointments; terms; compensation; vacancy;17
officers; meetings; domicile18
* * *19
K.20
* * *21
(6) Notwithstanding any provision of law to the contrary, except for22
membership on the Coastal Protection and Restoration Authority Board, no member23
of a board shall serve at the same time on any other board or commission, the24
membership of which is appointed in whole or in part by an elected official or by a25
public body the majority of the membership of which consists of elected officials.26
"Elected official" as used in this provision means any person holding an office in a27
governmental entity which is filled by the vote of the appropriate electorate and28
includes any person appointed to fill a vacancy in such offices.29
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Section 3. R.S. 49:214.1(E) and (F), 214.2(1) through (12), 214.3.1(A)(3),1
214.4.2(A)(introductory paragraph) and (C)(1), 214.5.1(A), (B)(introductory paragraph) and2
(15), and (C), 214.5.2(A)(introductory paragraph), (5), and (11), (B)(introductory paragraph),3
(1), (3), and (5), (C), (D), (E), and (F), 214.5.3(A)(1), (B), (D)(2)(introductory paragraph),4
(E)(1), (4), and (5), 214.5.4(G)(8), 214.5.7, 214.6.1, 214.6.2(A), (B), (C), (D)(introductory5
paragraph) and (1), and (E), 214.6.3(A)(4) and (B), 214.6.6(A)(introductory paragraph), (C),6
and (D), 214.6.7(A), (B), (E)(3), and (F), 214.6.9, and 214.61(A) and (D)(2) are hereby7
amended and reenacted to read as follows:8
§214.1. Purpose and intent9
* * *10
E. It is the intention of the legislature that comprehensive integrated coastal11
protection be elevated to a position within state government of high visibility and12
action and that hurricane protection, storm damage reduction, flood control, and13
conservation and restoration of the coastal area be of high priority within that14
structure. To provide aggressive state leadership, direction, and consonance in the15
development and implementation of policies, plans, and programs to achieve16
comprehensive integrated coastal protection, including the encouragement of multiple17
uses of the coastal area and to achieve a proper balance between development and18
conservation, restoration, creation, and nourishment of renewable coastal resources,19
the legislature places responsibility for the direction and development of the state's20
comprehensive master coastal protection plan with the Coastal Protection and21
Restoration Authority Board within the office of the governor. In order to maximize22
the effectiveness of integrated coastal protection efforts, the Coastal Protection and23
Restoration Authority Board shall use an integrated effort to jointly coordinate master24
plan and annual plan development with the Office of Coastal Protection and25
Restoration Authority, state agencies, political subdivisions, including flood26
protection authorities, levee districts, and federal agencies.27
F. Notwithstanding any other provision of state law and in accordance with28
the requirements of the Department of Defense, Emergency Supplemental29
Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza30 HLS 12RS-569 REENGROSSED
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Act of 2006, the Coastal Protection and Restoration Authority Board is established,1
authorized, and empowered to carry out any and all functions necessary to serve as2
the single entity responsible to act as the local sponsor for construction, operation and3
maintenance of all of the hurricane, storm damage reduction and flood control4
projects in areas under its jurisdiction, including the greater New Orleans and5
southeast Louisiana area.6
§214.2. Definitions7
As used in this Part, the following terms shall have the meaning ascribed to8
them below:9
(1) "Annual plan" means the state integrated coastal protection plan submitted10
annually to the legislature as provided in this Part including amendments to the plan,11
as determined by the authority board. Such plan shall provide for protecting,12
conserving, enhancing, and restoring the coastal area through the construction and13
management of integrated coastal protection projects and programs pursuant to the14
provisions of R.S. 49:214.5.3.15
(2) "Authority" means the Coastal Protection and Restoration Authority.16
(3) "Board" means the Coastal Protection and Restoration Authority Board.17
(4) "Coastal area" means the Louisiana Coastal Zone and contiguous areas18
subject to storm or tidal surge and the area comprising the Louisiana Coastal19
Ecosystem as defined in Section 7001 of 110 Public Law 114.20
(4) (5) "Conservation and restoration" means the conservation, protection,21
enhancement, and restoration of coastal resources including but not limited to coastal22
wetlands, marshes, cheniers, ridges, coastal forests, and barrier islands, shorelines,23
coastal passes, or reefs through the construction and management of coastal resources24
enhancement projects, including privately funded marsh management projects or25
plans, and those activities requiring a coastal use permit which significantly affect26
such projects or which significantly diminish the benefits of such projects or plans27
insofar as they are intended to conserve or enhance coastal resources consistent with28
the legislative intent as expressed in R.S. 49:214.1.29 HLS 12RS-569 REENGROSSED
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(5) (6) "Executive assistant" means the special assistant to the governor for1
coordination of coastal activities as delineated in R.S. 49:214.3.1.2
(6) (7) "Executive director" means the person appointed to serve as the head3
of the Office of Coastal Protection and Restoration Authority.4
(7) (8) "Fund" means the Coastal Protection and Restoration Fund.5
(8) (9) "Hurricane protection" means systems to provide protection against6
tidal and storm surges.7
(9) (10) "Infrastructure" means publicly owned facilities or systems in the8
coastal area that are negatively impacted by coastal land loss or rising seas, and that9
serve a critical public purpose and are consistent with the priorities stated in the10
master plan and the eligible uses of the Gulf of Mexico Energy Security Act of 2006.11
The term shall not include levee, hurricane protection, or coastal restoration systems.12
(10) (11) "Integrated coastal protection" means plans, projects, policies, and13
programs intended to provide hurricane protection or coastal conservation or14
restoration, and shall include but not be limited to coastal restoration; coastal15
protection; infrastructure; storm damage reduction; flood control; water resources16
development; erosion control measures; marsh management; diversions; saltwater17
intrusion prevention; wetlands and central wetlands conservation, enhancement, and18
restoration; barrier island and shoreline stabilization and preservation; coastal passes19
stabilization and restoration; mitigation; storm surge reduction; or beneficial use20
projects.21
(11) (12) "Master plan" or "comprehensive master coastal protection plan"22
means the long-term comprehensive integrated coastal protection plan combining23
coastal restoration, coastal zone management, storm damage reduction, hurricane24
protection, flood control, and the protection, conservation, restoration, and25
enhancement of coastal wetlands, marshes, cheniers, ridges, coastal forests, and26
barrier shorelines or reefs, including amendments, as determined by the authority27
board to the plan. It shall include but not be limited to state and political subdivision28
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(12) "Office" means the Office of Coastal Protection and Restoration.1
* * *2
§214.3.1. Governor's Executive Assistant for Coastal Activities3
A. The executive assistant4
* * *5
(3) The executive assistant shall employ necessary staff to carry out the duties6
and functions provided in this Part or as otherwise provided by law and may seek and7
utilize the assistance of personnel of the Office of Coastal Protection and Restoration8
Authority or any state department or agency to carry out his duties, functions, and9
responsibilities as provided in this Part or otherwise provided by law. He shall10
manage his personnel as provided by law and shall manage his budget, office, and11
related functions as provided by law.12
* * *13
§214.4.2. America's WETLAND Trail14
A. The America's WETLAND Trail may be established in the Office of15
Coastal Protection and Restoration Authority.16
* * *17
C.(1) The Office of Coastal Protection and Restoration Authority may18
develop and implement a plan for the trail which shall at a minimum meet the19
objectives in Paragraph (2) of this Subsection.20
* * *21
§214.5.1. Coastal Protection and Restoration Authority Board22
A. The Coastal Protection and Restoration Authority Board is hereby created23
within the office of the governor. The authority board is hereby established, and shall24
exercise the powers and duties hereinafter set forth or otherwise provided by law.25
The provisions of R.S. 44:5(A) shall not be applicable to any activities or records of26
or pertaining to the authority.27
B. The Coastal Protection and Restoration Authority Board shall consist of28
the following members:29
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(15) Any member of the authority board who represents a political1
subdivision shall recuse himself from deliberations and from voting on any matter2
concerning the taking of action against that political subdivision for lack of3
compliance with the plan.4
C. The executive assistant shall serve as chairman and shall develop5
procedures for the operation of the authority board.6
§214.5.2. Functions and responsibilities; Coastal Protection and Restoration7
Authority Board8
A. The authority board shall:9
* * *10
(5) Be authorized to delegate any of its powers, duties, and functions to the11
chairman of the authority board, to the executive director of the Office of Coastal12
Protection and Restoration Authority, or to state agencies, political subdivisions,13
including flood protection authorities, or levee districts.14
* * *15
(11) Have the power to enter into any agreement with a parish governing16
authority located wholly or partially within the coastal area but which is not part of17
a levee district for the construction, operation, maintenance, repair, rehabilitation, or18
replacement of any coastal protection, conservation and restoration, hurricane19
protection, infrastructure, storm damage reduction, integrated coastal protection, or20
flood control project. The authority board shall have the power to provide in the21
agreement for the use and exercise by the parish governing authority of any and all22
powers of levee districts or levee and drainage districts.23
B. The authority board may:24
(1) Accept and use, in accordance with law, gifts, grants, bequests,25
endowments, or funds from any public or private source for purposes consistent with26
responsibilities and functions of the authority board and take such actions as are27
necessary to comply with any conditions required for such acceptance.28
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(3) Take such other actions not inconsistent with law as are necessary to1
perform properly the functions of the authority board.2
* * *3
(5) Delegate signing authority for contracts to the chairman of the authority4
board, the executive director of the Office of Coastal Protection and Restoration5
Authority, or an authorized designee of either. Such designation by the chairman or6
the executive director shall be by authentic act.7
C. Approval by the authority board shall be required for any request by a state8
agency or department for any funds to finance research, programs, mitigation, or9
projects involving integrated coastal protection, including hurricane protection or the10
conservation and restoration of coastal wetlands resources; however, this Subsection11
shall not affect self-generated or dedicated funds.12
D. No state agency or entity shall enter into a contract with the United States13
Army Corps of Engineers which would require the state to assume liability for or14
provide the cost of operations and maintenance for a hurricane protection project15
unless the contract provides for independent third-party review and evaluation in16
accordance with the best available science and technical capabilities to confirm the17
project's anticipated level of protection against hurricane flooding prior to the state18
or political subdivision assuming liability and operations and maintenance19
obligations. The independent third-party reviewer and evaluator provided for in the20
contract shall be approved by both the United States Army Corps of Engineers and21
the nonfederal sponsor. However, the provisions of this Subsection shall not apply22
to contracts for routine maintenance or other minor construction or repairs, or in cases23
where there is imminent threat to life or property, or when the chairman of the Coastal24
Protection and Restoration Authority Board, with the approval of the Coastal25
Protection and Restoration Authority board, determines that an emergency exists26
whereby compliance with the provisions of this Subsection would create an27
unreasonable hardship.28
E. Notwithstanding any other provision of law to the contrary, the Department29
of Wildlife and Fisheries may enter into a cooperative endeavor agreement with the30 HLS 12RS-569 REENGROSSED
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authority, board, or a levee district to allow the use of the department's personnel,1
equipment or lands owned or leased by the state to satisfy wetland mitigation2
requirements imposed upon the authority or levee district by federal, state, or local3
law.4
F. Notwithstanding Upon the approval by the board, and notwithstanding any5
law to the contrary, upon approval by the authority, the authority, the state, or any6
political subdivision thereof, may use its own employees or equipment for satisfying7
any mitigation requirements resulting from or related to an integrated coastal8
protection project.9
§214.5.3. Coastal protection annual plans; development; priorities10
A.(1) The authority board shall, in accordance with the procedures set forth11
herein, develop a master plan for integrated coastal protection and an annual plan for12
integrated coastal protection for protecting, conserving, enhancing, and restoring the13
coastal area through the construction and management of integrated coastal protection14
projects and programs, including privately funded marsh management projects or15
plans, and addressing those activities requiring a coastal use permit which16
significantly affect such projects, all consistent with the legislative intent as expressed17
in R.S. 49:214.1, and which plan shall be subject to the approval of the legislature as18
provided in Subsection B of this Section and Subsection E of this Section. In19
addition, the authority board, in accordance with the procedures set forth herein20
including legislative approval, shall review, revise, and amend the master plan when21
necessary or, at a minimum, every five years.22
* * *23
B. The authority board shall develop the master and annual plans in24
accordance with the following procedure:25
(1) The authority board shall conduct not less than three public hearings in26
separate locations in the western, central, and eastern areas of the coastal area for the27
purpose of receiving comments and recommendations from the public and elected28
officials. All public hearings must be held at least sixty days prior to the submission29
of the plans to the legislature.30 HLS 12RS-569 REENGROSSED
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(2) At least two weeks prior to each public hearing the authority board shall1
contact the parish governing authorities, regional flood protection authorities, levee2
districts, and the state legislators of the parishes in the coastal area for the purpose of3
soliciting their comments and recommendations and notifying them of the public4
hearing to be held in their area.5
(3) Ten days prior to the first such public hearing the authority board shall6
publish in the state register and the official state journal the schedule of public7
hearings setting out the location, place, and time of all the hearings.8
(4) At least seven days prior to each hearing the authority board shall publish9
a notice of the hearing in the official journal of each parish within the area of the10
hearing. The notice of a hearing shall have been published in the official journal of11
each parish in the coastal area prior to the final scheduled public hearing. The12
authority board may provide for additional public hearings when necessary upon at13
least three days notice published in the official journal of the parishes in the area of14
the hearing and written notice to the parish governing authorities.15
(5) The authority board shall receive written comments and recommendations16
until thirty days prior to the submission of the master and annual plans to the17
legislative committees.18
* * *19
D.20
* * *21
(2) Prior to recommending any project for inclusion in the master plan, the22
authority board shall identify and declare in writing:23
* * *24
E.(1) After adoption by the authority board, the master plan shall be25
submitted to the House Committee on Natural Resources and Environment and the26
Senate Committee on Natural Resources and the House Committee on Transportation,27
Highways and Public Works and the Senate Committee on Transportation, Highways28
and Public Works for approval. In addition, the annual plan shall be submitted to the29
House Committee on Natural Resources and Environment and the Senate Committee30 HLS 12RS-569 REENGROSSED
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on Natural Resources and the House Committee on Transportation, Highways and1
Public Works and the Senate Committee on Transportation, Highways and Public2
Works on or before the fifteenth day of the regular legislative session of each year.3
The committees shall take action on the annual plan on or before June first of each4
calendar year.5
* * *6
(4) If the legislature approves the master plan, or if the legislature fails to take7
action on the master plan within sixty days after the plan is submitted, the authority8
board shall implement provide for implementation of the plan as submitted. If the9
legislature approves the annual plan, or if the legislature fails to disapprove the annual10
plan by July first, the authority board shall implement provide for implementation of11
the plan as submitted. The projects and programs provided for in the annual plan12
shall be undertaken in conformity with the order of priority as contained in the annual13
plan.14
(5) At any time subsequent to the adoption or implementation of a plan in15
accordance with the procedure set forth herein, the authority board may amend or16
supplement the plan to add or delete projects and programs. No project shall be added17
or deleted unless and until the amendment to the plan is approved as provided herein.18
Any such amendment to the plan submitted to the legislature shall conform to the19
requirements specified in Subsections B and D of this Section.20
§214.5.4. Funding and resource allocation21
* * *22
G. The money in the Coastal Protection and Restoration Fund is subject to23
appropriations by the legislature for the purposes of integrated coastal protection. The24
money in the fund may be used only for those projects and programs which are25
consistent with the statement of intent, R.S. 49:214.1, and the annual plan as it26
pertains to the integrated coastal protection and may include but not be limited to the27
following purposes:28
* * *29 HLS 12RS-569 REENGROSSED
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(8) The administration and operation of the Office of Coastal Protection and1
Restoration Authority, the Coastal Protection and Restoration Authority Board, the2
Governor's Advisory Commission on Coastal Protection, Restoration, and3
Conservation, and the Coastal Protection and Restoration Financing Corporation.4
* * *5
§214.5.7. Legal representation of the Authority Board; attorney general6
The attorney general or his designee shall be the legal advisor to the authority7
board, shall counsel and advise the authority, and shall represent the authority board8
in all legal proceedings.9
* * *10
§214.6.1. Office of Coastal Protection and Restoration Authority11
A. The Office of Coastal Protection and Restoration Authority is created and12
shall be a body corporate with the power to sue and be sued. The domicile of the13
office shall be in Baton Rouge. The authority shall:14
(1) The Office of Coastal Protection and Restoration has Have all of the15
rights, powers, and immunities incident to corporations. It may acquire, own,16
administer, alienate, and otherwise dispose of all kinds of property, movable and17
immovable, tangible and intangible corporeal and incorporeal; contract; adopt, alter,18
or destroy an official seal; sue and be sued, implead, and be impleaded. Except as19
otherwise expressly provided by this Chapter, the office authority may perform every20
act necessary, convenient, or incidental to the exercise of its power and authority, the21
discharge of its duties, or the performance of its functions.22
(2) The office shall be Be the implementation and enforcement arm of the23
Coastal Protection and Restoration Authority Board. The office authority shall be24
directed by the policy set by the Coastal Protection and Restoration Authority Board25
as enumerated in R.S. 49:214.1.26
(3) The office, through Through its offices and officers, shall be responsible27
for the implementation and enforcement of the master plan and annual plan. This28
office The authority shall implement the integration of hurricane protection, storm29 HLS 12RS-569 REENGROSSED
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damage reduction, flood control, infrastructure, and coastal protection and restoration1
efforts in accordance with the master plan and annual plans.2
(4) The Not be subject to the provisions of R.S. 44:5(A) shall not be3
applicable in regard to any activities or records of or pertaining to the office authority.4
(5) Have the power and authority to enter into any contract with the federal5
government or any federal agency or any political subdivision of the state or private6
individual for the study, planning, engineering, design, construction, operation,7
maintenance, repair, rehabilitation, or replacement of any integrated coastal protection8
project and to this end, may contract for the acceptance of any grant of money upon9
the terms and conditions, including any requirement of matching the grants in whole10
or part, which may be necessary.11
(6) Have the power to enter into any agreement with a parish governing12
authority located wholly or partially within the coastal area, but which is not part of13
a levee district, for the construction, operation, maintenance, repair, rehabilitation, or14
replacement of any coastal protection, conservation, and restoration, hurricane15
protection, infrastructure, storm damage reduction, or flood control project.16
B. Executive director and deputy director of the Office of Coastal Protection17
and Restoration Authority.18
(1) There shall be an executive director of the Office of Coastal Protection19
and Restoration Authority. He shall report to the Coastal Protection and Restoration20
Authority Board for all matters within the jurisdiction and purview of the Coastal21
Protection and Restoration Authority board, and shall work in conjunction with the22
executive assistant.23
(2) The executive director shall be appointed by the governor and shall serve24
at the pleasure of the governor.25
(3) The executive director, or his designee shall have authority, subject to the26
budgetary constraints of the funding provided in R.S. 49:214.5.4, and in accordance27
with applicable rules and regulations of the civil service commission to employ,28
appoint, transfer, assign, terminate, and promote such personnel as is necessary for29 HLS 12RS-569 REENGROSSED
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the efficient administration of the Office of Coastal Protection and Restoration1
Authority.2
(4) The executive director, or his designee, shall approve all plans,3
specifications, and estimates for the construction of all projects for which the office4
authority is responsible. He also shall have such other duties as may be assigned to5
him by the Coastal Protection and Restoration Authority Board, by the provisions of6
this Chapter, or by the laws of this state. He shall report the proceedings of his office7
annually to the Coastal Protection and Restoration Authority Board and at such other8
times as the Coastal Protection and Restoration Authority board may designate, and9
he shall make any additional reports as are required by the Coastal Protection and10
Restoration Authority board.11
(5) The executive director, or in his discretion a subordinate or subordinates,12
shall administer the programs, projects, and activities approved and funded for13
funding by the Coastal Protection and Restoration Authority Board relating to and14
affecting integrated coastal protection, including conservation, restoration, creation,15
and enhancement of coastal wetlands, hurricane protection and flood control in16
Louisiana as provided by law and as provided in the master and annual plans, and17
other special programs as may be directed by the Coastal Protection and Restoration18
Authority board, except those relative to coastal zone management as provided in R.S.19
49:214.21, et seq.20
(6) The executive director shall report annually to the legislature as to the21
progress of the projects and programs enumerated in the master plan or annual plans22
or any component thereof. For each project or program, estimated construction and23
maintenance costs, progress reports, and estimated completion timetables shall be24
provided.25
(7) The executive director is granted full power and authority to delegate,26
assign, or appoint in his discretion any subordinate to perform any function or duties27
required by law to be performed by the office authority, except as specifically28
provided in this Title. This grant of power and authority shall be liberally construed29
to effectuate the purposes of this Chapter.30 HLS 12RS-569 REENGROSSED
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(8) The executive director shall provide the necessary reports, staff,1
assistance, and support to the Coastal Protection and Restoration Authority Board in2
order to assist in the development of the master plan and annual plan.3
(9) The executive director may appoint ex officio notaries in accordance with4
the provisions of R.S. 35:411.5
(10) There shall be a deputy executive director of the Office of Coastal6
Protection and Restoration Authority. He shall perform all duties defined in this7
Section in the absence of the executive director or through authority delegated to him8
by the executive director or in conjunction with the duties of the executive director.9
§214.6.2. Functions and responsibilities; coastal activities10
A. The office authority shall administer the programs of the Coastal11
Protection and Restoration Authority Board. The executive director may use his12
contracting authority, or the contracting authority of any state department or agency,13
to implement the provisions of this Chapter. Such contracting authority shall include14
construction management at risk, operation and maintenance, design-build, design-15
build-operate and maintain, and design-build-finance-operate and maintain, or any16
combination of design, construction, finance, and services for operation and17
maintenance of an integrated coastal protection project, where appropriate. The18
Office of Coastal Protection and Restoration Authority shall have the authority to19
execute and implement said contracts entered into under the authority of R.S.20
49:214.5.2(A)(7) by the board.21
B. The office authority shall implement projects relative to the protection,22
conservation, enhancement, and restoration of the coastal area of the state through23
oversight of integrated coastal projects and programs consistent with the legislative24
intent as expressed in R.S. 49:214.1. However, no integrated coastal protection25
construction project shall be undertaken except those included in an annual plan26
finally approved by the legislature in accordance with the provisions of R.S.27
49:214.5.3, regardless of the source of funds for the project, except in cases of28
projects undertaken and financed out of the emergency fund, established in the annual29
plan. An emergency for which such fund shall be used shall be defined by the30 HLS 12RS-569 REENGROSSED
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authority Coastal Protection and Restoration Authority Board and all funds shall be1
spent only in accord with procedures established by the authority board for such fund.2
All projects undertaken pursuant to the provisions of this Chapter shall be either3
funded through the Coastal Protection and Restoration Fund or other sources of4
funding, including but not limited to direct federal aid, grants, gifts, and other5
donations received by the state for the purposes of this Chapter.6
C. The office authority shall:7
(1) Receive all monies appropriated from the Coastal Protection and8
Restoration Fund to the Office of Coastal Protection and Restoration Authority for9
implementation of all programs and projects contained in an annual plan developed10
by the Coastal Protection and Restoration Authority Board and approved by the11
legislature, except that the Department of Natural Resources, office of coastal12
management, shall receive any funds allocated in the annual plan for the coastal zone13
management program.14
(2) Have oversight over the administration of all matters related to the study,15
planning, engineering, design, construction, extension, improvement, repair, and16
regulation of integrated coastal protection.17
(3) Take such other actions not inconsistent with law as are necessary to18
perform the functions of the office authority.19
(4) Utilize the services of the Department of Natural Resources, office of20
management and finance, for accounting and budgetary control, procurement and21
contractual management, data processing, management and program analysis,22
personnel management and grants management, provided that the secretary of the23
Department of Natural Resources shall exercise no authority over the provision of24
these services.25
D. The office authority may:26
(1) Negotiate and execute contracts, upon such terms as the office authority27
may agree, for legal, financial, consulting, or other professional services or personal28
services necessary to the conduct of the office authority. In addition, the office29
authority may enter into contracts for engineering and construction services or30 HLS 12RS-569 REENGROSSED
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agreements with the federal government, local governing authorities, political1
subdivisions, or with other public or private entities for the administration,2
implementation, or enforcement of integrated coastal protection projects, programs,3
or activities as directed by the Coastal Protection and Restoration Authority Board.4
* * *5
E.(1) The office shall utilize the science and technology capacity of Louisiana6
universities through assisting in the formation of a coastal science consortium to7
enhance integrated coastal protection programs, projects, and activities for the8
following purposes:9
(a) To identify any uncertainty relating to the physical, chemical, geological,10
biological, and cultural baseline conditions in the coastal area.11
(b) To improve the knowledge of the physical, chemical, ecological,12
biological, and cultural baseline conditions in the coastal area.13
(c) To identify and develop technologies, models, methods, and14
demonstrations to carry out the purposes of this Subsection.15
(d) To advance and expedite the implementation of the master plan. The16
board or the authority shall be authorized to solely utilize the science and technology17
capacity of Louisiana universities and the water institute to enhance integrated coastal18
protection programs, projects, and activities for the following purposes:19
(a) To identify any uncertainty related to the physical, chemical, geological,20
biological, or cultural baseline conditions in the coastal area.21
(b) To improve the knowledge of the physical, chemical, geological,22
biological, or cultural baseline conditions in the coastal area.23
(c) To identify and develop technologies, models, methods, and24
demonstrations to carry out the purposes of this Subsection.25
(2) The consortium shall be composed of public or private universities from26
within or without the state; federal, state, or local government and entities; private27
entities; research institutes; and shall be coordinated by a council composed of28
members as follows:29 HLS 12RS-569 REENGROSSED
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(a) The chair of the Coastal Protection and Restoration Authority or his1
designee, to be a nonvoting member.2
(b) A representative of Louisiana State University and Agricultural and3
Mechanical College appointed by the chancellor.4
(c) A representative of Tulane University appointed by the president.5
(d) A representative of the University of Louisiana at Lafayette appointed by6
the president.7
(e) A representative of the University of New Orleans appointed by the8
chancellor.9
(f) A representative of Nicholls State University appointed by the president.10
(g) A representative of McNeese State University appointed by the president.11
(h) Two representatives of the public and private colleges within the state of12
Louisiana, or from outside the state, to be appointed on a rotating basis in a manner13
established in the bylaws of the consortium.14
(i) Seven members appointed in a manner established in the bylaws of the15
consortium.16
(3) Terms of service on the council, methods of appointment for certain seats17
on the council, membership guidelines, election of officers, and other administrative18
functions of the council and the consortium shall be established in the bylaws of the19
consortium.20
(4) In carrying out the provisions of this Subsection, the office Coastal21
Protection and Restoration Authority Board or the Coastal Protection and Restoration22
Authority may enter into contracts and cooperative agreements with Louisiana23
universities or with the consortium the water institute as authorized in this Subsection24
to enhance integrated coastal protection programs, projects, and activities.25
(3) For the purposes of this Subsection, the water institute shall mean The26
Water Institute of the Gulf, a 501(c)(3) nonprofit entity, incorporated on March 25,27
2011, or its successors.28
* * *29 HLS 12RS-569 REENGROSSED
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§214.6.3. Functions and responsibilities; hurricane protection and flood control1
A. Legislative intent2
* * *3
(4) This Section provides for the functions, powers, and responsibilities of the4
Office of Coastal Protection and Restoration Authority, which office authority is5
charged with oversight of the design, construction, extension, improvement, repair,6
and regulation of hurricane protection and flood control projects in the coastal area.7
The Section also provides for the integration of the state's hurricane protection and8
flood control efforts with coastal restoration efforts through the Coastal Protection9
and Restoration Authority Board.10
B. Coastal Protection and Restoration Authority duties and responsibilities11
regarding hurricane protection and flood control:12
(1) The office authority shall have oversight of the administration of all13
matters related to the studying, planning, engineering, design, construction, extension,14
improvement, repair, and regulation of a hurricane protection and flood control15
system, including but not limited to the construction and design of a hurricane16
protection and flood control system consisting of levees and associated elements to17
provide protection against tidal surges within the coastal area.18
(2) The inspection of hurricane protection and flood control levees and19
structures within the coastal area shall be the responsibility of the Office of Coastal20
Protection and Restoration Authority. The executive director or his designee shall21
regularly cause such structures to be inspected and shall maintain a report of such22
inspections. The office authority shall establish and implement a comprehensive23
hurricane and flood control protection inspection program. Such program shall24
include the following:25
(a) Reviewing of hurricane protection and flood control diagrams, designs,26
and plans.27
(b) Monitoring of defects and problems.28
(c) Conducting of an inspection of every hurricane protection and flood29
control barrier and associated elements at least every five years, or after a hurricane30 HLS 12RS-569 REENGROSSED
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impacts a hurricane protection and flood control barrier and associated elements. If1
a defect or problem is identified, then the authority shall measure and test elevations,2
soil conditions, and structural integrity of the hurricane protection and flood control3
barrier and associated elements.4
(d) The office authority shall report a notice of defect in the hurricane5
protection and flood control within thirty days of the inspection results to the6
appropriate entity or political subdivision. The notice shall contain a description of7
the defect. The notice of defect shall be mailed by certified mail or return receipt8
requested. The appropriate entity, or political subdivision, shall have forty-five days9
from receipt of the notice of defect to provide the office authority with a plan and10
timeline time line to remedy the defect.11
(3) The exercise of any authority with respect to hurricane protection and12
flood control by a political subdivision within the coastal area is subject to the13
oversight and approval of the office authority in accordance with rules and regulations14
adopted by the office authority.15
(4) No state agency or entity shall enter into a contract with the United States16
Army Corps of Engineers which would require the state to assume liability for or17
provide the cost of operations and maintenance for a hurricane protection project18
unless the contract provides for independent third-party review and evaluation in19
accordance with the best available science and technical capabilities to confirm the20
project's anticipated level of protection against hurricane flooding prior to the state21
or political subdivision assuming liability and operations and maintenance22
obligations. The independent third-party reviewer and evaluator provided for in the23
contract shall be approved by both the United States Army Corps of Engineers and24
the state agency or entity. However, the provisions of this Subsection shall not apply25
to contracts for routine maintenance or other minor construction or repairs, or in cases26
where there is imminent threat to life or property, or when the chairman of the Coastal27
Protection and Restoration Authority Board, with the approval of the Coastal28
Protection and Restoration Authority board, determines that an emergency exists29 HLS 12RS-569 REENGROSSED
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whereby compliance with the provisions of this Subsection would create an1
unreasonable hardship.2
(5) No funds of the state nor of any political subdivision or political3
corporation of the state shall be used nor provided to the United States or any of its4
agencies, by contract, agreement, a required contribution of a project cost-share or5
otherwise, for the expropriation of property for the purpose of compensatory6
mitigation of wetlands or other natural habitat, as authorized or required by state or7
federal law, to offset, compensate, or replace actual or anticipated damages to or loss8
of wetlands or other natural habitat caused by the Comite River Diversion Project,9
Amite River and Tributaries, Louisiana. However, the provisions of this Section shall10
not apply where such funds are to be used to obtain property voluntarily offered for11
compensatory mitigation purposes, including but not limited to mitigation banking.12
* * *13
§214.6.6. Infrastructure priority program; applications; evaluations14
A. Applications for funding of any infrastructure project may be submitted15
by any political subdivision of the state. For any infrastructure projects, applications16
shall be made to the Coastal Protection and Restoration Authority Board by17
November first of each year for consideration of funding in the following fiscal year.18
Applications submitted in accordance with the provisions of this Section shall not be19
subject to the provisions of R.S. 39:101. Agencies submitting applications for20
projects in this program shall be responsible for preparation of applications for their21
respective projects. Information to be provided in the application shall include but22
not be limited to the following:23
* * *24
C. The applications submitted by agencies shall be evaluated by the Coastal25
Protection and Restoration Authority Board which shall hold no less than three public26
hearings in separate locations within the coastal area for the purpose of receiving27
public testimony and comment from requesting authorities and citizens regarding the28
proposed infrastructure projects. Such hearings may be held at the same time and29
location as hearings set for public comment on the annual plan. The office authority30 HLS 12RS-569 REENGROSSED
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shall prioritize and rank such applications. The office authority shall provide its1
application evaluations to the authority Coastal Protection and Restoration Authority2
Board.3
D. Based upon the evaluations of the office authority, the authority board may4
compile a list of infrastructure projects to be formally included in the annual plan.5
§214.6.7. Barrier islands, shoreline stabilization, and preservation6
A. The executive director of the Office of Coastal Protection and Restoration7
Authority shall establish a barrier islands and shorelines stabilization and preservation8
program. As part of the barrier islands and shorelines program, the office authority9
shall require that all projects subject to public bid include appropriate dredges for use10
to stabilize and preserve barrier islands and shorelines. In addition, the office11
authority shall require that all barrier island stabilization and preservation projects12
mandate a minimum dune height of eight feet with vegetation where appropriate.13
B. By September first each year, the governing authority of each parish which14
has barrier islands and shorelines shall submit to the office authority and the Coastal15
Protection and Restoration Authority Board a list of barrier islands and shorelines16
stabilization and preservation projects requested for that parish. The office authority17
shall review the projects submitted and by December first of each year shall issue a18
list which prioritizes those requests.19
* * *20
E.21
* * *22
(3) Monies appropriated from the fund shall be used exclusively by the23
Office of Coastal Protection and Restoration Authority to support the barrier island24
stabilization and preservation program.25
F. The Office of Coastal Protection and Restoration Authority shall annually26
submit a barrier island status report to the legislature. The report shall indicate the27
condition of all barrier islands, provide the status of all barrier island stabilization and28
preservation projects under construction, and shall outline future plans for restoration29
and maintenance of the barrier islands and coastal passes. The annual report shall be30 HLS 12RS-569 REENGROSSED
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submitted to each member of the legislature during the regular session of the1
legislature.2
* * *3
§214.6.9. Authority for integrated coastal protection surveying4
The Office of Coastal Protection and Restoration Authority and its authorized5
agents, contractors, or and employees shall also have the power to enter upon any6
lands, waters, and premises in the state for the purpose of making such surveys,7
soundings, drillings, and examinations as may be necessary or convenient for carrying8
out the purposes of integrated coastal protection, which entry shall not be deemed a9
civil or criminal trespass nor a temporary construction servitude, nor shall it be10
deemed an entry under any eminent domain proceedings which may be then pending,11
provided that prior written notice of five days to resident owners and fifteen days to12
nonresident owners be given to the last record property owner as reflected in the13
parish assessment rolls. Written notice shall consist of mailing the notice by certified14
mail to the last known address of the owner as shown in the current assessment15
records. The Office of Coastal Protection and Restoration Authority shall indemnify16
the property owner for any loss or injury resultant from entry upon the property and17
shall make reimbursement for any actual damages resulting to lands, waters, and18
premises as a result of these activities.19
* * *20
§214.61. Office of Coastal Protection and Restoration Authority; acquisition of21
property prior to judgment; definitions22
A. When the Office of Coastal Protection and Restoration Authority cannot23
amicably acquire property in the coastal zone needed for barrier island preservation,24
restoration, or creation for coastal wetlands purposes, it may acquire the same by25
expropriation and may acquire the property prior to judgment in the trial court as26
provided in this Part.27
* * *28
D. As used in this Part:29
* * *30 HLS 12RS-569 REENGROSSED
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(2) "Department" means the state Department of Natural Resources Coastal1
Protection and Restoration Authority or its successor.2
* * *3
Section 4. R.S. 56:421(B)(13) and (E)(4), 424(H), 432.1(A), (B), (C)(introductory4
paragraph) and (1), and (D)(1), and 432.2 are hereby amended and reenacted as follows:5
§421. Oyster Task Force6
* * *7
B. The task force shall be composed as follows:8
* * *9
(13) One member appointed by the executive director of the Office of Coastal10
Protection and Restoration Authority.11
* * *12
E. The task force is hereby charged with responsibility to do the following:13
* * *14
(4) Make recommendations with respect to issues pertaining to the oyster15
industry and oyster production to the various state agencies charged with16
responsibility for differing elements of the oyster industry in this state, including the17
Department of Wildlife and Fisheries, the Department of Natural Resources, and the18
Office of Coastal Protection and Restoration Authority Board, the Coastal Protection19
and Restoration Authority, the Department of Health and Hospitals, the governor's20
executive assistant for coastal activities, and the legislature.21
* * *22
§424. Taking of oysters23
* * *24
H. Notwithstanding the provisions of this Section, employees or assigns of25
the Office of Coastal Protection and Restoration Authority may survey or remove, as26
a sample, oysters from an oyster lease on state water bottoms in order to make27
determinations in matters of integrated coastal protection. In order to make such28
surveys or take such samples, the employees or assigns of the Office of Coastal29
Protection and Restoration Authority shall first notify the leaseholder in writing of the30 HLS 12RS-569 REENGROSSED
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date and time of the survey or sample at least fifteen days prior to the survey or1
sampling date. This notification shall be sent by certified mail to the leaseholder at2
the address on file with the Department of Wildlife and Fisheries. The leaseholder3
may accompany the person conducting the survey or taking the sample during the4
survey or sampling or may authorize another person to accompany the person5
conducting the survey or taking the sample. Such surveys shall be conducted in the6
manner provided in procedures promulgated by the Office of Coastal Protection and7
Restoration Authority after consideration of recommendations by the Louisiana8
Oyster Task Force.9
* * *10
§432.1. Oyster Lease Acquisition and Compensation Program11
A. The legislature hereby acknowledges potential conflicts between the12
Department of Wildlife and Fisheries oyster leasing program and the Louisiana13
coastal restoration program provided for in R.S. 49:214.1 et seq. Therefore, the14
Office of Coastal Protection and Restoration Authority shall develop a program,15
subject to the requirements and conditions of this Section, for the acquisition of and16
compensation for oyster leases or portions of oyster leases upon which occurs or will17
occur dredging, direct placement of dredged or other materials, or other work or18
activities necessary for the construction or maintenance of a project for integrated19
coastal protection.20
B. The state of Louisiana, through the Office of Coastal Protection and21
Restoration Authority, may acquire any oyster lease, in whole or in part, due to the22
impact of dredging, direct placement of dredged or other materials, or other work or23
activities necessary for the construction or maintenance of a project for integrated24
coastal protection.25
(1) Acquisition shall be implemented by a notice of acquisition issued to the26
leaseholder. Such notice shall specify the acreage acquired and the effective date of27
the acquisition. A plat or map depicting the acreage acquired shall be attached to the28
notice. The notice and acquisition shall be subject to the following:29 HLS 12RS-569 REENGROSSED
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(a) The Office of Coastal Protection and Restoration Authority shall issue any1
such notice in writing to the leaseholder at his address on file with the Department of2
Wildlife and Fisheries on the date of issuance, by hand delivery or certified mail,3
return receipt requested. If the Office of Coastal Protection and Restoration Authority4
attempts such issuance at least once and is unable to deliver the notice to the5
leaseholder, the Office of Coastal Protection and Restoration Authority shall reissue6
the notice to the lessee at his address on file with the Department of Wildlife and7
Fisheries on the date of the re-issuance, by regular mail, and shall publish in the8
official journal for each parish in which the acquired acreage is located a summary9
of the notice including identification of the affected acreage, the effective date of the10
acquisition, and a contact person at the Office of Coastal Protection and Restoration11
Authority for all inquiries regarding the acquisition. The notice of acquisition may12
be recorded in the public records of any parish in which the acquired acreage is13
located.14
(b) The acquisition shall be effective on the date specified in the notice of15
acquisition regardless of whether the lessee actually receives the notice of acquisition.16
Upon the effective date of the acquisition, possession of the affected acreage shall17
revert to the state, free and clear of any lease or other obligation or encumbrance.18
(c) Lease payments as otherwise required by R.S. 56:428 or 429 shall no19
longer be payable for the acquired acreage for the calendar year after the date on20
which the notice of acquisition was issued.21
(d) Upon acquisition of a portion of leased acreage, the lease shall continue22
in full force and effect as to the remaining acreage under the lease.23
(2) The Office of Coastal Protection and Restoration Authority shall24
determine the compensation for any acquisition pursuant to this Section in accordance25
with rules or regulations adopted by that department after consideration of26
recommendations by the Louisiana Oyster Task Force, subject to the following:27
(a) The Office of Coastal Protection and Restoration Authority shall issue its28
determination of compensation to the leaseholder together with the notice of29
acquisition and by the same procedure provided for issuance of such notice.30 HLS 12RS-569 REENGROSSED
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(b) The Office of Coastal Protection and Restoration Authority shall consider1
any reasonably confirmable data or information provided by the leaseholder or any2
other person in making its determination of compensation, provided that the data or3
information is submitted in compliance with rules or regulations promulgated by that4
department prior to the date of initial issuance of the determination of compensation.5
Such rules or regulations shall provide the leaseholder at least sixty days in which to6
submit such data or information before the initial issuance of the determination of7
compensation.8
(3) The Office of Coastal Protection and Restoration Authority shall issue9
payment to the leaseholder in the full amount of its determination of compensation,10
except for and less any amount due on recorded liens and encumbrances to be paid11
out of said proceeds, together with the notice of acquisition, and by the same12
procedure provided for issuance of such notice. Acceptance of such payment shall13
not preclude any claim for additional compensation, as provided in this Section. If14
the Office of Coastal Protection and Restoration Authority is unable to contact the15
leaseholder by the procedure provided in Subparagraph (B)(1)(a) of this Section (1)(a)16
of this Subsection, that department shall transfer funds in the amount of the17
determined compensation except for and less any amount due on recorded liens and18
encumbrances to be paid out of said proceeds, to a trust account, instead of attaching19
such payment to the reissued notice. Upon request of the leaseholder listed with the20
Department of Wildlife and Fisheries on the date notice of acquisition is initially21
issued, any such compensation may be withdrawn from the trust account for the22
benefit of the leaseholder. Any funds placed in a trust account that remain unclaimed23
after a period of five years shall be declared to be abandoned and may be disposed of24
pursuant to the Uniform Unclaimed Property Act, R.S. 9:151 et seq. Any amount due25
on a recorded lien or encumbrance shall be paid directly to the holder thereof, with26
a copy of all documentation of such payment issued to the leaseholder. If the Office27
of Coastal Protection and Restoration Authority is unable to contact the holder of the28
lien or encumbrance, that department shall transfer funds in the amount of the lien or29 HLS 12RS-569 REENGROSSED
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encumbrance to a trust account, from which it may be withdrawn for the benefit of1
the lien or encumbrance holder.2
(4) To the extent that the Office of Coastal Protection and Restoration3
Authority acquires any lease or portion thereof under this Section in relation to any4
project or action for integrated coastal protection performed by any department,5
agency, board, commission, or political subdivision of the state other than the Office6
of Coastal Protection and Restoration Authority, such department, agency, board,7
commission, or political subdivision shall compensate the Office of Coastal8
Protection and Restoration Authority for all costs incurred by the department which9
are associated with the acquisition. However, the executive director of the Office of10
Coastal Protection and Restoration Authority may waive this requirement.11
C. A leaseholder whose lease is acquired in whole or in part may seek an12
administrative hearing through the Office of Coastal Protection and Restoration13
Authority as to whether the acquisition due to the impact of dredging, direct14
placement of dredged or other materials, or other work or activities necessary for the15
construction or maintenance of a project for integrated coastal protection is proper or16
whether the compensation issued by the Office of Coastal Protection and Restoration17
Authority satisfies the rules or regulations of that department. A leaseholder whose18
lease is not acquired but which was impacted by dredging, direct placement of19
dredged or other materials, or other work or activities necessary for the construction20
or maintenance of a project for integrated coastal protection has occurred, may also21
seek an administrative hearing through the Office of Coastal Protection and22
Restoration Authority to determine if acquisition of such acreage would be proper.23
Adjudication under this Section shall be conducted in accordance with the following:24
(1) Adjudication under this Section must be requested in writing and received25
by the Office of Coastal Protection and Restoration Authority within sixty days after26
issuance of the notice of acquisition, determination of compensation, or payment as27
provided in Subsection B of this Section. However, adjudication of the amount of the28
compensation must be requested in writing and received by the Office of Coastal29
Protection and Restoration Authority within two years after completion of the project30 HLS 12RS-569 REENGROSSED
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for which the lease or portion of the lease was acquired, if the leaseholder establishes1
that notice of the acquisition, determination of compensation, or payment was not2
issued as required in this Section. Adjudication of the lack of acquisition of leased3
acreage upon which dredging, direct placement of dredged or other materials, or other4
work or activities necessary for the construction or maintenance of a project for5
integrated coastal protection has occurred must be requested in writing and received6
by the Office of Coastal Protection and Restoration Authority within two years after7
completion of the project.8
* * *9
D. A leaseholder may seek in accordance with the following, judicial review10
of the final decision of the administrative law judge based solely on the administrative11
record and, except as otherwise provided in this Section, in accordance with the12
provisions of Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950.13
(1) Any petition for judicial review pursuant to this Subsection must be filed14
with the Nineteenth Judicial District Court within sixty days after issuance of the final15
decision of the administrative law judge. No petition for judicial review may be filed,16
and any such petition is premature, unless adjudication has been timely sought and17
all administrative remedies have been exhausted. The petition shall be served upon18
the executive director of the Office of Coastal Protection and Restoration Authority19
and all parties of record.20
* * *21
§432.2. Annual reporting of coastal protection, conservation, and restoration project22
status23
Once per year, in coordination with the Louisiana Oyster Task Force, the24
Office of Coastal Protection and Restoration Authority shall provide information to25
the Oyster Task Force regarding the nature, location, and status of current or planned26
projects for integrated coastal protection to the extent practical.27
Section 5. R.S. 49:214.3.1(A)(4) and 214.6.8 are hereby repealed in their entirety.28
Section 6. The Coastal Protection and Restoration Authority Board and the Coastal29
Protection and Restoration Authority are hereby assigned and subsume all of the duties and30 HLS 12RS-569 REENGROSSED
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responsibilities previously exercised by any other state agency, including but not limited to1
the Office of Coastal Protection and Restoration, the Department of Natural Resources, the2
Department of Transportation and Development, office of public works, and the Department3
of Wildlife and Fisheries with regard to previously executed agreements and contracts, the4
purposes of which are under the duties, jurisdiction, responsibilities, and powers granted to5
the Coastal Protection and Restoration Authority Board or the Coastal Protection and6
Restoration Authority. The Coastal Protection and Restoration Authority Board or the7
Coastal Protection and Restoration Authority is hereby given the power to execute, sign,8
modify, amend, and renew any such agreement on its own behalf or on behalf of the state of9
Louisiana.10
Section 7. All unfinished business, references in laws and documents, employees,11
property, obligations, and books and records of the prior plans, projects, policies, and12
programs assumed by this Act into the Coastal Protection and Restoration Authority Board13
or the Coastal Protection and Restoration Authority shall be transferred as provided in this14
Section. Any pending or unfinished business of the prior plans, projects, policies, and15
programs shall be taken over and be completed by the authority or by the Coastal Protection16
and Restoration Authority Board with the same power and authorization as that of prior plans,17
projects, policies, and programs and the authority or the board shall be the successor in every18
way to the prior plans, projects, policies, and programs for the purpose of completing such19
business. Any reference in laws and documents to either of the prior plans, projects, policies,20
and programs shall be deemed to apply to the authority or the board. Any legal proceeding21
to which the prior plans, projects, policies, and programs are a party and which is filed,22
initiated, or pending before any court on the effective date of this Section, and all documents23
involved in or affected by said legal proceeding, shall retain their effectiveness and shall be24
continued in the name of the authority or the board. All further legal proceedings and25
documents in the continuation, disposition, and enforcement of such legal proceeding shall26
be in the name of the authority or the board, and the authority or the board shall be substituted27
for the prior plans, projects, policies, and programs without necessity for amendment of any28
document. This Act shall not be construed so as to impair the effectiveness of any rule or29
policy of either of the prior plans, projects, policies, and programs and any such rule or policy30 HLS 12RS-569 REENGROSSED
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shall remain effective as provided therein or until changed in accordance with law. This Act1
shall not be construed so as to impair the contractual or other obligations of either of the prior2
plans, projects, policies, and programs or of the state of Louisiana. All obligations of the3
prior plans, projects, policies, and programs shall be the obligations of the authority or the4
board. The authority or the board shall be the successor in every way to the prior plans,5
projects, policies, and programs, including all of their obligations and debts. All dedications6
and allocations of revenues and sources of revenues heretofore made to or for either of the7
prior plans, projects, policies, and programs shall continue in the same manner, to the same8
extent, and for the same purposes as were provided prior to the enactment of this Act, unless9
and until other provision is made therefor. All books, papers, records, money, actions, and10
other property of every kind, movable and immovable, real and personal, heretofore11
possessed, controlled, or used by either of the prior plans, projects, policies, and programs are12
hereby transferred to the new office or the authority. All employees heretofore engaged in13
the performance of duties of the prior plans, projects, policies, and programs, insofar as14
practicable and necessary, are transferred to the new office and insofar as practicable and15
necessary shall continue to perform the duties heretofore performed, subject to policies and16
procedures of the authority, applicable state civil service laws, rules, and regulations, and17
other applicable laws. Subject to such laws, positions in the unclassified service shall remain18
in the unclassified service.19
Section 8. If and when this Act is finally passed by the legislature and enacted into20
law, the Louisiana State Law Institute is hereby directed to correct references to the Coastal21
Protection and Restoration Authority and the Office of Coastal Protection and Restoration22
contained in any other act of the 2012 Regular Session so that those references are in23
compliance with intentions of the provisions of this Act.24
Section 9. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 12RS-569 REENGROSSED
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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)]
St. Germain HB No. 916
Abstract: Changes the name of the Coastal Protection and Restoration Authority and the
Office of Coastal Protection and Restoration and provides relative to the powers,
duties, and authority of each.
Proposed law changes the "Coastal Protection and Restoration Authority" to the "Coastal
Protection and Restoration Authority Board" (board) throughout the statutes.
Proposed law changes the "Office of Coastal Protection and Restoration Authority" to
"Coastal Protection and Restoration Authority"(authority) throughout the statutes.
Relative to responsibilities and assistance to political subdivision of the state, adds the
"Coastal Protection and Restoration Authority" (formerly the office) to the "Coastal
Protection and Restoration Authority Board" (formerly the authority) so that both the Board
and the implementation office (the authority) shall meet those responsibilities and provide
that assistance.
Authorizes the authority to contract with other governmental entities for integrated coastal
protection projects and authorizes it to accept grants of money for such purposes. Further
authorizes the authority to enter into an agreement for integrated coastal protection with a
parish wholly or partially in the coastal area but not in a levee district.
Present law required the Office of Coastal Protection and Restoration to utilize the science
and technology capacity of La. universities through the formation of a consortium to enhance
integrated coastal protection. Proposed law repeals the consortium but authorizes the
authority to continue to utilize expertise from the universities and authorizes the Authority
to also utilize The Water Institute of the Gulf for the same purposes.
Present law prohibits members of the Southeast Louisiana Flood Protection Authority-East
and Southeast Louisiana Flood Protection Authority-West from serving on any other board
appointed by an elected official or public body composed of elected officials. Proposed law
excepts membership on the Coastal Protection and Restoration Authority Board.
Provides for a transition process to the new names.
Directs the La. State Law Institute to make corrections in other legislation from the 2012
R.S. to the names of the Coastal Protection and Restoration Authority and the Office of
Coastal Protection and Restoration to comply with the provisions of this Act.
Effective on signature by governor or lapse of time for gubernatorial action.
(Amends R.S. 36:4(Z), R.S. 38:81(C), 101(A) and (B), 102, 103, 107(A), 108, 109, 213(A)
and (D), and 330.1(K)(6), R.S. 49:214.1(E) and (F), 214.2(1)-(12), 214.3.1(A)(3),
214.4.2(A)(intro. para.) and (C)(1), 214.5.1(A), (B)(intro. para.) and (15), and (C),
14.5.2(A)(intro. para.), (5) and (11), (B)(intro. para.)(1), (3), and (5), (C), (D), (E), and (F),
214.5.3(A)(1), (B), (D)(2), (E)(1), (4), and (5), 214.5.4(G)(8), 214.5.7, 214.6.1, 214.6.2(A),
(B), (C), (D)(intro. para.) and (1), and (E), 214.6.3(A)(4) and (B), 214.6.6(A)(intro. para.),
(C), and (D), 214.6.7(A), (B), (E)(3), and (F), 214.6.9, and 214.61(A) and (D)(2), R.S.
56:421(B)(13) and (E)(4), 424(H), 432.1(A), (B), (C)(intro. para.) and (1), and (D)(1), and
432.2; Repeals R.S. 49:214.3.1(A)(4) and 214.6.8) HLS 12RS-569 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Allow members of the Southeast Louisiana Flood Protection Authority-East and
-West to serve on the Coastal Protection and Restoration Authority Board.
House Floor Amendments to the engrossed bill.
1. Directed the La. State Law Institute to make corrections in other legislation from
the 2012 R.S. to the names of the Coastal Protection and Restoration Authority
and the Office of Coastal Protection and Restoration to comply with the
provisions of this Act.