ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 916
BY REPRESENTATIVE ST. GERMAIN
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, 109,2
213(A) and (D), and 330.1(K)(6), R.S. 49:214.1(E) and (F), 214.2(1) through (12),3
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), (B),9
(E)(3), and (F), 214.6.9, and 214.61(A) and (D)(2), R.S. 56:421(B)(13) and (E)(4),10
424(H), 432.1(A), (B), (C)(introductory paragraph) and (1), and (D)(1), and 432.2 and to11
repeal R.S. 49:214.3.1(A)(4) and 214.6.8, relative to the Coastal Protection and12
Restoration Authority and the Office of Coastal Protection and Restoration; to change the13
names of each entity; to provide relative to the powers, duties, and authorities of each14
entity; to provide relative to appointment to the Coastal Protection and Restoration15
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
* * *20
Z. The Governor's Advisory Commission on Coastal Protection, Restoration and21
Conservation (R.S. 49:214.4.1) and the Coastal Protection and Restoration Authority22
Board (R.S. 49:214.5.1 et seq.), and the Office of Coastal Protection and Restoration23
Authority (R.S. 49:214.6.1 et seq.), shall be placed within the office of the governor and24 ENROLLEDHB NO. 916
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shall perform and exercise their powers, duties, functions, and responsibilities as provided1
by law.2
* * *3
Section 2. R.S. 38:81(C), 101(A) and (B), 102, 103, 107(A), 108, 109, 213(A) and (D),4
and 330.1(K)(6) are hereby amended and reenacted to read as follows:5
§81. Governor authorized to enter into contracts with federal authorities6
* * *7
C. The governor may utilize to whatever extent they are empowered by law to8
function the various levee boards or boards of levee commissioners of this state, the9
Department of Transportation and Development, the Coastal Protection and Restoration10
Authority, the Office of Coastal Protection and Restoration Authority Board, or any other11
state board, commission, agency, or political subdivision. These authorities shall, to the12
fullest extent of their capacity, fully cooperate and coordinate their efforts under his13
direction in carrying out and accomplishing the obligations and requirements of the14
agreements and undertakings.15
* * *16
§101. West Bank Hurricane Protection Projects17
A. For the purpose established in this Chapter, the Coastal Protection and18
Restoration Authority Board shall be designated the nonfederal sponsor for the19
construction of the Westwego to Harvey Canal hurricane protection project, for20
modifications of the Westwego to Harvey Canal hurricane protection project to include21
the Lake Cataouatche area, the East of Harvey Canal hurricane protection project, and for22
any other future project modifications or additions within the parishes of Jefferson,23
Orleans, Plaquemines, and St. Charles. The chairman of the Coastal Protection and24
Restoration Authority Board is authorized to negotiate and contract with the United States25
of America to provide such assurances and cooperation as are necessary for the purposes26
authorized in this Chapter, including the negotiation and contract for any future27
modifications to the current local cooperation agreement between the West Jefferson28
Levee District and the Department of the Army for the Westwego to Harvey Canal29
hurricane protection project. The chairman of the Coastal Protection and Restoration30 ENROLLEDHB NO. 916
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Authority Board or the executive director of the Coastal Protection and Restoration1
Authority is authorized to contract for the construction of these projects, including any2
future project modifications or additions, and for the financing of the nonfederal share of3
the construction cost by the United States to be repaid by the state, with interest over a4
thirty-year period.5
B. The chairman of the Coastal Protection and Restoration Authority Board or the6
executive director of the Coastal Protection and Restoration Authority is authorized to7
proceed and cooperate in the planning, engineering, design, and construction of the8
Westwego to Harvey Canal hurricane protection project, for modifications of the9
Westwego to Harvey Canal hurricane protection project to include the Lake Cataouatche10
area, the East of Harvey Canal hurricane protection project, and for any other future11
project modifications or additions within the parishes of Jefferson, Orleans, Plaquemines,12
and St. Charles; to wit, providing the highest level of hurricane protection, consisting of13
levees, floodwall, floodgates, and related structures, as may be economically justified for14
those portions of Jefferson, Orleans, Plaquemines, and St. Charles parishes located on the15
west bank of the Mississippi River generally between the easternmost guide levee of the16
Davis Pond Freshwater Diversion Project in St. Charles Parish and the community of17
Oakville, Louisiana, in Plaquemines Parish.18
* * *19
§102. Powers20
A. The Coastal Protection and Restoration Authority Board and the Coastal21
Protection and Restoration Authority may do all things necessary to carry out the22
purposes of this Chapter, including but not limited to the things expressly provided for23
in this Section.24
B. The Coastal Protection and Restoration Authority Board and the Coastal25
Protection and Restoration Authority may enter into contracts and agreements of any26
nature for the purposes of this Chapter with any person either natural or artificial,27
corporation, association, or other entity, including public corporations, levee districts, port28
authorities, state departments, agencies, parishes, municipalities, the United States29
government and agencies thereof, or any combination thereof or with instrumentalities30 ENROLLEDHB NO. 916
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of every kind, and may designate any department, agency, municipality, parish, levee1
district, and industrial district, or other political subdivision of the state as its agent to2
carry out the purposes of and the powers granted under this Chapter. The chairman of the3
Coastal Protection and Restoration Authority Board or the executive director of the4
Coastal Protection and Restoration Authority may negotiate with and enter into contracts5
or other agreements with any such person or entity concerning the joint administration of6
the project, including jurisdictional aspects of the state's administration of the project, and7
providing lands, servitudes and rights-of-way, and the relocation of project facilities and8
may engage jointly in the exercise of any power and in the construction of any facilities9
and improvements for the purposes of the project on any basis, including matching of10
funds, which the participating entities may undertake under any provision of general or11
special law.12
C. The Coastal Protection and Restoration Authority Board and the Coastal13
Protection and Restoration Authority may institute or defend in courts of competent14
jurisdiction, including for the purposes of this Chapter, the courts and administrative15
tribunals of the United States of America, any legal proceedings that may be necessary16
or required to compel compliance with this Chapter or any actions taken hereunder or that17
may arise out of the performance of the obligations and duties imposed by this Chapter.18
D. The powers granted under this Chapter shall be regarded as supplemental to19
powers conferred on the Coastal Protection and Restoration Authority Board and the20
Coastal Protection and Restoration Authority by other laws.21
§103. Coordination and cooperation22
A. It is the policy of this Chapter that the West Bank hurricane protection projects23
be pursued so that there is full coordination and cooperation between all federal and state24
entities that have complementing or overlapping interests and authority in the projects.25
The chairman of the Coastal Protection and Restoration Authority Board or the executive26
director of the Coastal Protection and Restoration Authority is authorized to coordinate27
all of the state and local governmental aspects of the projects so that there is an orderly28
development of the project.29 ENROLLEDHB NO. 916
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B. The chairman of the Coastal Protection and Restoration Authority Board or the1
Coastal Protection and Restoration Authority is authorized to call upon the West Jefferson2
Levee District, the Orleans Levee District, Plaquemines Parish, St. Charles Parish, and3
all other commissions and districts and state agencies, departments, and political4
subdivisions of the state for full and complete cooperation and assistance in carrying out5
the provisions of this Chapter, and all such entities are hereby directed and it shall be their6
duty to cooperate and assist the department to the fullest extent possible.7
* * *8
§107. Lower Atchafalaya River interim flood protection projects9
A. For the purpose established in this Chapter and for the purposes of designating10
the Coastal Protection and Restoration Authority Board as the nonfederal sponsor for the11
construction of the Lower Atchafalaya River interim flood protection project, the12
chairman of the Coastal Protection and Restoration Authority Board may negotiate and13
contract with the United States to provide such assurances and cooperation as is14
necessary. The chairman of the Coastal Protection and Restoration Authority Board or15
executive director the Coastal Protection and Restoration Authority is authorized to16
contract for the construction of these projects and for the financing of the nonfederal share17
of the construction cost by the United States to be repaid by the state, with interest.18
* * *19
§108. Powers20
A. The Coastal Protection and Restoration Authority Board or the Coastal21
Protection and Restoration Authority may do all things necessary to carry out the22
purposes of this Chapter, including but not limited to the things expressly provided for23
in this Section.24
B.(1) The chairman of the Coastal Protection and Restoration Authority Board25
or the executive director of the Coastal Protection and Restoration Authority may enter26
into contracts and agreements of any nature for the purposes of this Chapter with any27
person, natural or artificial, corporation, association or other entity, including public28
corporations, levee districts, port authorities, state departments, agencies, parishes,29
municipalities, the United States government and agencies thereof, or any combination30 ENROLLEDHB NO. 916
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thereof or with instrumentalities of every kind, and may designate any department,1
agency, municipality, parish, levee district, and industrial district or other political2
subdivision of the state as its agent to carry out the purposes of the powers granted under3
this Chapter.4
(2) The chairman of the Coastal Protection and Restoration Authority Board or5
the executive director of the Coastal Protection and Restoration Authority may negotiate6
with and enter into contracts or other agreements with any such person or entity7
concerning the joint administration of the project, including jurisdictional aspects of the8
state's administration of the project, and providing lands, servitudes, and rights-of-way,9
the relocation of project facilities and may engage jointly in the exercise of any power and10
in the construction of any facilities and improvements for the purposes of the project on11
any basis, including matching of funds, which the participating entities may undertake12
under any provision of general or specific law.13
C. The chairman of the Coastal Protection and Restoration Authority Board or the14
executive director of the Coastal Protection and Restoration Authority may institute or15
defend in courts of competent jurisdiction, including for the purposes of this Chapter the16
courts and administrative tribunals of the United States, any legal proceedings that may17
be necessary or required to compel compliance with this Chapter or any actions taken18
hereunder or that may arise out of the performance of the obligations and duties imposed19
by the Chapter.20
D. The powers granted under this Chapter shall be regarded as supplemental to21
powers conferred on the Coastal Protection and Restoration Authority Board or the22
Coastal Protection and Restoration Authority by other laws.23
§109. Coordination and cooperation24
A. It is the policy of this Chapter that the Lower Atchafalaya interim flood25
protection projects be pursued so that there is full coordination and cooperation between26
all federal and state entities that have complementing or overlapping interests and27
authority in the projects. The chairman of the Coastal Protection and Restoration28
Authority Board or the executive director of the Coastal Protection and Restoration29 ENROLLEDHB NO. 916
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Authority may coordinate all of the state and local governmental aspects of the projects1
so that there is an orderly development of the project.2
B. The chairman of the Coastal Protection and Restoration Authority Board or the3
executive director of the Coastal Protection and Restoration Authority may call upon the4
cities of Morgan City and Berwick, and all other commissions and districts and state5
agencies, departments, and political subdivisions of the state for full and complete6
cooperation and assistance in carrying out the provisions of this Chapter, and all such7
entities are hereby directed and it shall be their duty to cooperate and assist the8
department to the fullest extent possible.9
* * *10
§213. Riding or hauling on levees prohibited11
A. No person shall ride, drive, or haul upon the public levees or integrated coastal12
protection projects or their rights-of-way except where, in the judgment of the levee13
commissioners of a district and the Department of Transportation and Development, or,14
for levees or integrated coastal protection projects in the coastal area as defined in R.S.15
49:214.2(3), the Office of Coastal Protection and Restoration Authority, ample provision16
has been made to guard against any damage to which the levees or integrated coastal17
protection projects may thereby be exposed from wear, tear, and abuse. Each levee18
district shall publish guidance, erect signage, and require special permits as they deem19
appropriate to allow them to make provisions for limited riding, driving, or hauling.20
* * *21
D. Nothing in this Section shall interfere with the crossing over any public levees,22
at ramps or inclines established under plans and specifications of the Department of23
Transportation and Development, or, for levees or integrated coastal protection projects24
in the coastal area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and25
Restoration Authority. Nothing in this Section shall interfere with the ability of the26
Coastal Protection and Restoration Authority Board to carry out its responsibilities as the27
local sponsor for all integrated coastal protection projects, in its jurisdiction, pursuant to28
R.S. 49:214.1(F).29
* * *30 ENROLLEDHB NO. 916
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§330.1. Southeast Louisiana Flood Protection Authority-East and Southeast Louisiana1
Flood Protection Authority-West Bank; territorial jurisdiction; board of2
commissioners; appointments; terms; compensation; vacancy; officers; meetings;3
domicile4
* * *5
K.6
* * *7
(6) Notwithstanding any provision of law to the contrary, except for membership8
on the Coastal Protection and Restoration Authority Board, no member of a board shall9
serve at the same time on any other board or commission, the membership of which is10
appointed in whole or in part by an elected official or by a public body the majority of the11
membership of which consists of elected officials. "Elected official" as used in this12
provision means any person holding an office in a governmental entity which is filled by13
the vote of the appropriate electorate and includes any person appointed to fill a vacancy14
in such offices.15
* * *16
Section 3. R.S. 49:214.1(E) and (F), 214.2(1) through (12), 214.3.1(A)(3),17
214.4.2(A)(introductory paragraph) and (C)(1), 214.5.1(A), (B)(introductory paragraph) and (15),18
and (C), 214.5.2(A)(introductory paragraph), (5), and (11), (B)(introductory paragraph), (1), (3),19
and (5), (C), (D), (E), and (F), 214.5.3(A)(1), (B), (D)(2)(introductory paragraph), (E)(1), (4), and20
(5), 214.5.4(G)(8), 214.5.7, 214.6.1, 214.6.2(A), (B), (C), (D)(introductory paragraph) and (1),21
and (E), 214.6.3(A)(4) and (B), 214.6.6(A)(introductory paragraph), (C), and (D), 214.6.7(A),22
(B), (E)(3), and (F), 214.6.9, and 214.61(A) and (D)(2) are hereby amended and reenacted to read23
as follows:24
§214.1. Purpose and intent25
* * *26
E. It is the intention of the legislature that comprehensive integrated coastal27
protection be elevated to a position within state government of high visibility and action28
and that hurricane protection, storm damage reduction, flood control, and conservation29
and restoration of the coastal area be of high priority within that structure. To provide30 ENROLLEDHB NO. 916
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aggressive state leadership, direction, and consonance in the development and1
implementation of policies, plans, and programs to achieve comprehensive integrated2
coastal protection, including the encouragement of multiple uses of the coastal area and3
to achieve a proper balance between development and conservation, restoration, creation,4
and nourishment of renewable coastal resources, the legislature places responsibility for5
the direction and development of the state's comprehensive master coastal protection plan6
with the Coastal Protection and Restoration Authority Board within the office of the7
governor. In order to maximize the effectiveness of integrated coastal protection efforts,8
the Coastal Protection and Restoration Authority Board shall use an integrated effort to9
jointly coordinate master plan and annual plan development with the Office of Coastal10
Protection and Restoration Authority, state agencies, political subdivisions, including11
flood protection authorities, levee districts, and federal agencies.12
F. Notwithstanding any other provision of state law and in accordance with the13
requirements of the Department of Defense, Emergency Supplemental Appropriations to14
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act of 2006, the15
Coastal Protection and Restoration Authority Board is established, authorized, and16
empowered to carry out any and all functions necessary to serve as the single entity17
responsible to act as the local sponsor for construction, operation and maintenance of all18
of the hurricane, storm damage reduction and flood control projects in areas under its19
jurisdiction, including the greater New Orleans and southeast Louisiana area.20
§214.2. Definitions21
As used in this Part, the following terms shall have the meaning meanings22
ascribed to them below:23
(1) "Annual plan" means the state integrated coastal protection plan submitted24
annually to the legislature as provided in this Part including amendments to the plan, as25
determined by the authority board. Such plan shall provide for protecting, conserving,26
enhancing, and restoring the coastal area through the construction and management of27
integrated coastal protection projects and programs pursuant to the provisions of R.S.28
49:214.5.3.29
(2) "Authority" means the Coastal Protection and Restoration Authority.30 ENROLLEDHB NO. 916
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(3) "Board" means the Coastal Protection and Restoration Authority Board.1
(4) "Coastal area" means the Louisiana Coastal Zone and contiguous areas subject2
to storm or tidal surge and the area comprising the Louisiana Coastal Ecosystem as3
defined in Section 7001 of 110 Public Law 114.4
(4) (5) "Conservation and restoration" means the conservation, protection,5
enhancement, and restoration of coastal resources including but not limited to coastal6
wetlands, marshes, cheniers, ridges, coastal forests, and barrier islands, shorelines, coastal7
passes, or reefs through the construction and management of coastal resources8
enhancement projects, including privately funded marsh management projects or plans,9
and those activities requiring a coastal use permit which significantly affect such projects10
or which significantly diminish the benefits of such projects or plans insofar as they are11
intended to conserve or enhance coastal resources consistent with the legislative intent12
as expressed in R.S. 49:214.1.13
(5) (6) "Executive assistant" means the special assistant to the governor for14
coordination of coastal activities as delineated in R.S. 49:214.3.1.15
(6) (7) "Executive director" means the person appointed to serve as the head of16
the Office of Coastal Protection and Restoration Authority.17
(7) (8) "Fund" means the Coastal Protection and Restoration Fund.18
(8) (9) "Hurricane protection" means systems to provide protection against tidal19
and storm surges.20
(9) (10) "Infrastructure" means publicly owned facilities or systems in the coastal21
area that are negatively impacted by coastal land loss or rising seas, and that serve a22
critical public purpose and are consistent with the priorities stated in the master plan and23
the eligible uses of the Gulf of Mexico Energy Security Act of 2006. The term shall not24
include levee, hurricane protection, or coastal restoration systems.25
(10) (11) "Integrated coastal protection" means plans, projects, policies, and26
programs intended to provide hurricane protection or coastal conservation or restoration,27
and shall include but not be limited to coastal restoration; coastal protection;28
infrastructure; storm damage reduction; flood control; water resources development;29
erosion control measures; marsh management; diversions; saltwater intrusion prevention;30 ENROLLEDHB NO. 916
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wetlands and central wetlands conservation, enhancement, and restoration; barrier island1
and shoreline stabilization and preservation; coastal passes stabilization and restoration;2
mitigation; storm surge reduction; or beneficial use projects.3
(11) (12) "Master plan" or "comprehensive master coastal protection plan" means4
the long-term comprehensive integrated coastal protection plan combining coastal5
restoration, coastal zone management, storm damage reduction, hurricane protection,6
flood control, and the protection, conservation, restoration, and enhancement of coastal7
wetlands, marshes, cheniers, ridges, coastal forests, and barrier shorelines or reefs,8
including amendments, as determined by the authority board to the plan. It shall include9
but not be limited to state and political subdivision operations plans.10
(12) "Office" means the Office of Coastal Protection and Restoration.11
* * *12
§214.3.1. Governor's Executive Assistant for Coastal Activities13
A. The executive assistant14
* * *15
(3) The executive assistant shall employ necessary staff to carry out the duties and16
functions provided in this Part or as otherwise provided by law and may seek and utilize17
the assistance of personnel of the Office of Coastal Protection and Restoration Authority18
or any state department or agency to carry out his duties, functions, and responsibilities19
as provided in this Part or otherwise provided by law. He shall manage his personnel as20
provided by law and shall manage his budget, office, and related functions as provided21
by law.22
* * *23
§214.4.2. America's WETLAND Trail24
A. The America's WETLAND Trail may be established in the Office of Coastal25
Protection and Restoration Authority.26
* * *27 ENROLLEDHB NO. 916
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C.(1) The Office of Coastal Protection and Restoration Authority may develop1
and implement a plan for the trail which shall at a minimum meet the objectives in2
Paragraph (2) of this Subsection.3
* * *4
§214.5.1. Coastal Protection and Restoration Authority Board5
A. The Coastal Protection and Restoration Authority Board is hereby created6
within the office of the governor. The authority board is hereby established, and shall7
exercise the powers and duties hereinafter set forth or otherwise provided by law. The8
provisions of R.S. 44:5(A) shall not be applicable to any activities or records of or9
pertaining to the authority.10
B. The Coastal Protection and Restoration Authority Board shall consist of the11
following members:12
* * *13
(15) Any member of the authority board who represents a political subdivision14
shall recuse himself from deliberations and from voting on any matter concerning the15
taking of action against that political subdivision for lack of compliance with the plan.16
C. The executive assistant shall serve as chairman and shall develop procedures17
for the operation of the authority board.18
§214.5.2. Functions and responsibilities; Coastal Protection and Restoration Authority19
Board20
A. The authority board shall:21
* * *22
(5) Be authorized to delegate any of its powers, duties, and functions to the23
chairman of the authority board, to the executive director of the Office of Coastal24
Protection and Restoration Authority, or to state agencies, political subdivisions,25
including flood protection authorities, or levee districts.26
* * *27
(11) Have the power to enter into any agreement with a parish governing28
authority located wholly or partially within the coastal area but which is not part of a29
levee district for the construction, operation, maintenance, repair, rehabilitation, or30 ENROLLEDHB NO. 916
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replacement of any coastal protection, conservation and restoration, hurricane protection,1
infrastructure, storm damage reduction, integrated coastal protection, or flood control2
project. The authority board shall have the power to provide in the agreement for the use3
and exercise by the parish governing authority of any and all powers of levee districts or4
levee and drainage districts.5
B. The authority board may:6
(1) Accept and use, in accordance with law, gifts, grants, bequests, endowments,7
or funds from any public or private source for purposes consistent with responsibilities8
and functions of the authority board and take such actions as are necessary to comply with9
any conditions required for such acceptance.10
* * *11
(3) Take such other actions not inconsistent with law as are necessary to perform12
properly the functions of the authority board.13
* * *14
(5) Delegate signing authority for contracts to the chairman of the authority15
board, the executive director of the Office of Coastal Protection and Restoration16
Authority, or an authorized designee of either. Such designation by the chairman or the17
executive director shall be by authentic act.18
C. Approval by the authority board shall be required for any request by a state19
agency or department for any funds to finance research, programs, mitigation, or projects20
involving integrated coastal protection, including hurricane protection or the conservation21
and restoration of coastal wetlands resources; however, this Subsection shall not affect22
self-generated or dedicated funds.23
D. No state agency or entity shall enter into a contract with the United States24
Army Corps of Engineers which would require the state to assume liability for or provide25
the cost of operations and maintenance for a hurricane protection project unless the26
contract provides for independent third-party review and evaluation in accordance with27
the best available science and technical capabilities to confirm the project's anticipated28
level of protection against hurricane flooding prior to the state or political subdivision29
assuming liability and operations and maintenance obligations. The independent30 ENROLLEDHB NO. 916
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third-party reviewer and evaluator provided for in the contract shall be approved by both1
the United States Army Corps of Engineers and the nonfederal sponsor. However, the2
provisions of this Subsection shall not apply to contracts for routine maintenance or other3
minor construction or repairs, or in cases where there is imminent threat to life or4
property, or when the chairman of the Coastal Protection and Restoration Authority5
Board, with the approval of the Coastal Protection and Restoration Authority board,6
determines that an emergency exists whereby compliance with the provisions of this7
Subsection would create an unreasonable hardship.8
E. Notwithstanding any other provision of law to the contrary, the Department9
of Wildlife and Fisheries may enter into a cooperative endeavor agreement with the10
authority, board, or a levee district to allow the use of the department's personnel,11
equipment or lands owned or leased by the state to satisfy wetland mitigation12
requirements imposed upon the authority or levee district by federal, state, or local law.13
F. Notwithstanding Upon the approval by the board, and notwithstanding any law14
to the contrary, upon approval by the authority, the authority, the state, or any political15
subdivision thereof, may use its own employees or equipment for satisfying any16
mitigation requirements resulting from or related to an integrated coastal protection17
project.18
§214.5.3. Coastal protection annual plans; development; priorities19
A.(1) The authority board shall, in accordance with the procedures set forth20
herein, develop a master plan for integrated coastal protection and an annual plan for21
integrated coastal protection for protecting, conserving, enhancing, and restoring the22
coastal area through the construction and management of integrated coastal protection23
projects and programs, including privately funded marsh management projects or plans,24
and addressing those activities requiring a coastal use permit which significantly affect25
such projects, all consistent with the legislative intent as expressed in R.S. 49:214.1, and26
which plan shall be subject to the approval of the legislature as provided in Subsection27
B of this Section and Subsection E of this Section. In addition, the authority board, in28
accordance with the procedures set forth herein including legislative approval, shall29 ENROLLEDHB NO. 916
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review, revise, and amend the master plan when necessary or, at a minimum, every five1
years.2
* * *3
B. The authority board shall develop the master and annual plans in accordance4
with the following procedure:5
(1) The authority board shall conduct not less than three public hearings in6
separate locations in the western, central, and eastern areas of the coastal area for the7
purpose of receiving comments and recommendations from the public and elected8
officials. All public hearings must be held at least sixty days prior to the submission of9
the plans to the legislature.10
(2) At least two weeks prior to each public hearing the authority board shall11
contact the parish governing authorities, regional flood protection authorities, levee12
districts, and the state legislators of the parishes in the coastal area for the purpose of13
soliciting their comments and recommendations and notifying them of the public hearing14
to be held in their area.15
(3) Ten days prior to the first such public hearing the authority board shall publish16
in the state register and the official state journal the schedule of public hearings setting17
out the location, place, and time of all the hearings.18
(4) At least seven days prior to each hearing the authority board shall publish a19
notice of the hearing in the official journal of each parish within the area of the hearing.20
The notice of a hearing shall have been published in the official journal of each parish in21
the coastal area prior to the final scheduled public hearing. The authority board may22
provide for additional public hearings when necessary upon at least three days notice23
published in the official journal of the parishes in the area of the hearing and written24
notice to the parish governing authorities.25
(5) The authority board shall receive written comments and recommendations26
until thirty days prior to the submission of the master and annual plans to the legislative27
committees.28
* * *29 ENROLLEDHB NO. 916
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D.1
* * *2
(2) Prior to recommending any project for inclusion in the master plan, the3
authority board shall identify and declare in writing:4
* * *5
E.(1) After adoption by the authority board, the master plan shall be submitted6
to the House Committee on Natural Resources and Environment and the Senate7
Committee on Natural Resources and the House Committee on Transportation, Highways8
and Public Works and the Senate Committee on Transportation, Highways and Public9
Works for approval. In addition, the annual plan shall be submitted to the House10
Committee on Natural Resources and Environment and the Senate Committee on Natural11
Resources and the House Committee on Transportation, Highways and Public Works and12
the Senate Committee on Transportation, Highways and Public Works on or before the13
fifteenth day of the regular legislative session of each year. The committees shall take14
action on the annual plan on or before June first of each calendar year.15
* * *16
(4) If the legislature approves the master plan, or if the legislature fails to take17
action on the master plan within sixty days after the plan is submitted, the authority board18
shall implement provide for implementation of the plan as submitted. If the legislature19
approves the annual plan, or if the legislature fails to disapprove the annual plan by July20
first, the authority board shall implement provide for implementation of the plan as21
submitted. The projects and programs provided for in the annual plan shall be undertaken22
in conformity with the order of priority as contained in the annual plan.23
(5) At any time subsequent to the adoption or implementation of a plan in24
accordance with the procedure set forth herein, the authority board may amend or25
supplement the plan to add or delete projects and programs. No project shall be added26
or deleted unless and until the amendment to the plan is approved as provided herein.27
Any such amendment to the plan submitted to the legislature shall conform to the28
requirements specified in Subsections B and D of this Section.29 ENROLLEDHB NO. 916
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§214.5.4. Funding and resource allocation1
* * *2
G. The money in the Coastal Protection and Restoration Fund is subject to3
appropriations by the legislature for the purposes of integrated coastal protection. The4
money in the fund may be used only for those projects and programs which are consistent5
with the statement of intent, R.S. 49:214.1, and the annual plan as it pertains to the6
integrated coastal protection and may include but not be limited to the following7
purposes:8
* * *9
(8) The administration and operation of the Office of Coastal Protection and10
Restoration Authority, the Coastal Protection and Restoration Authority Board, the11
Governor's Advisory Commission on Coastal Protection, Restoration, and Conservation,12
and the Coastal Protection and Restoration Financing Corporation.13
* * *14
§214.5.7. Legal representation of the Authority Board; attorney general15
The attorney general or his designee shall be the legal advisor to the authority16
board, shall counsel and advise the authority, and shall represent the authority board in17
all legal proceedings.18
* * *19
§214.6.1. Office of Coastal Protection and Restoration Authority20
A. The Office of Coastal Protection and Restoration Authority is created and shall21
be a body corporate with the power to sue and be sued. The domicile of the office shall22
be in Baton Rouge. The authority shall:23
(1) The Office of Coastal Protection and Restoration has Have all of the rights,24
powers, and immunities incident to corporations. It may acquire, own, administer,25
alienate, and otherwise dispose of all kinds of property, movable and immovable, tangible26
and intangible corporeal and incorporeal; contract; adopt, alter, or destroy an official seal;27
sue and be sued, implead, and be impleaded. Except as otherwise expressly provided by28
this Chapter, the office authority may perform every act necessary, convenient, or29 ENROLLEDHB NO. 916
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are additions.
incidental to the exercise of its power and authority, the discharge of its duties, or the1
performance of its functions.2
(2) The office shall be Be the implementation and enforcement arm of the Coastal3
Protection and Restoration Authority Board. The office authority shall be directed by the4
policy set by the Coastal Protection and Restoration Authority Board as enumerated in5
R.S. 49:214.1.6
(3) The office, through Through its offices and officers, shall be responsible for7
the implementation and enforcement of the master plan and annual plan. This office The8
authority shall implement the integration of hurricane protection, storm damage9
reduction, flood control, infrastructure, and coastal protection and restoration efforts in10
accordance with the master plan and annual plans.11
(4) The Not be subject to the provisions of R.S. 44:5(A) shall not be applicable12
in regard to any activities or records of or pertaining to the office authority.13
B. Executive director and deputy director of the Office of Coastal Protection and14
Restoration Authority.15
(1) There shall be an executive director of the Office of Coastal Protection and16
Restoration Authority. He shall report to the Coastal Protection and Restoration17
Authority Board for all matters within the jurisdiction and purview of the Coastal18
Protection and Restoration Authority board, and shall work in conjunction with the19
executive assistant.20
(2) The executive director shall be appointed by the governor and shall serve at21
the pleasure of the governor.22
(3) The executive director, or his designee shall have authority, subject to the23
budgetary constraints of the funding provided in R.S. 49:214.5.4, and in accordance with24
applicable rules and regulations of the civil service commission to employ, appoint,25
transfer, assign, terminate, and promote such personnel as is necessary for the efficient26
administration of the Office of Coastal Protection and Restoration Authority.27
(4) The executive director, or his designee, shall approve all plans, specifications,28
and estimates for the construction of all projects for which the office authority is29
responsible. He also shall have such other duties as may be assigned to him by the30 ENROLLEDHB NO. 916
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Coastal Protection and Restoration Authority Board, by the provisions of this Chapter,1
or by the laws of this state. He shall report the proceedings of his office annually to the2
Coastal Protection and Restoration Authority Board and at such other times as the Coastal3
Protection and Restoration Authority board may designate, and he shall make any4
additional reports as are required by the Coastal Protection and Restoration Authority5
board.6
(5) The executive director, or in his discretion a subordinate or subordinates, shall7
administer the programs, projects, and activities approved and funded for funding by the8
Coastal Protection and Restoration Authority Board relating to and affecting integrated9
coastal protection, including conservation, restoration, creation, and enhancement of10
coastal wetlands, hurricane protection and flood control in Louisiana as provided by law11
and as provided in the master and annual plans, and other special programs as may be12
directed by the Coastal Protection and Restoration Authority board, except those relative13
to coastal zone management as provided in R.S. 49:214.21, et seq.14
(6) The executive director shall report annually to the legislature as to the15
progress of the projects and programs enumerated in the master plan or annual plans or16
any component thereof. For each project or program, estimated construction and17
maintenance costs, progress reports, and estimated completion timetables shall be18
provided.19
(7) The executive director is granted full power and authority to delegate, assign,20
or appoint in his discretion any subordinate to perform any function or duties required by21
law to be performed by the office authority, except as specifically provided in this Title.22
This grant of power and authority shall be liberally construed to effectuate the purposes23
of this Chapter.24
(8) The executive director shall provide the necessary reports, staff, assistance,25
and support to the Coastal Protection and Restoration Authority Board in order to assist26
in the development of the master plan and annual plan.27
(9) The executive director may appoint ex officio notaries in accordance with the28
provisions of R.S. 35:411.29 ENROLLEDHB NO. 916
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(10) There shall be a deputy executive director of the Office of Coastal Protection1
and Restoration Authority. He shall perform all duties defined in this Section in the2
absence of the executive director or through authority delegated to him by the executive3
director or in conjunction with the duties of the executive director.4
§214.6.2. Functions and responsibilities; coastal activities5
A. The office authority shall administer the programs of the Coastal Protection6
and Restoration Authority Board. The executive director may use his contracting7
authority, or the contracting authority of any state department or agency, to implement8
the provisions of this Chapter. Such contracting authority shall include construction9
management at risk, operation and maintenance, design-build, design-build-operate and10
maintain, and design-build-finance-operate and maintain, or any combination of design,11
construction, finance, and services for operation and maintenance of an integrated coastal12
protection project, where appropriate. The Office of Coastal Protection and Restoration13
Authority shall have the authority to execute and implement said contracts entered into14
under the authority of R.S. 49:214.5.2(A)(7) by the board.15
B. The office authority shall implement projects relative to the protection,16
conservation, enhancement, and restoration of the coastal area of the state through17
oversight of integrated coastal projects and programs consistent with the legislative intent18
as expressed in R.S. 49:214.1. However, no integrated coastal protection construction19
project shall be undertaken except those included in an annual plan finally approved by20
the legislature in accordance with the provisions of R.S. 49:214.5.3, regardless of the21
source of funds for the project, except in cases of projects undertaken and financed out22
of the emergency fund, established in the annual plan. An emergency for which such23
fund shall be used shall be defined by the authority Coastal Protection and Restoration24
Authority Board and all funds shall be spent only in accord with procedures established25
by the authority board for such fund. All projects undertaken pursuant to the provisions26
of this Chapter shall be either funded through the Coastal Protection and Restoration Fund27
or other sources of funding, including but not limited to direct federal aid, grants, gifts,28
and other donations received by the state for the purposes of this Chapter.29 ENROLLEDHB NO. 916
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C. The office authority shall:1
(1) Receive all monies appropriated from the Coastal Protection and Restoration2
Fund to the Office of Coastal Protection and Restoration Authority for implementation3
of all programs and projects contained in an annual plan developed by the Coastal4
Protection and Restoration Authority Board and approved by the legislature, except that5
the Department of Natural Resources, office of coastal management, shall receive any6
funds allocated in the annual plan for the coastal zone management program.7
(2) Have oversight over the administration of all matters related to the study,8
planning, engineering, design, construction, extension, improvement, repair, and9
regulation of integrated coastal protection.10
(3) Take such other actions not inconsistent with law as are necessary to perform11
the functions of the office authority.12
(4) Utilize the services of the Department of Natural Resources, office of13
management and finance, for accounting and budgetary control, procurement and14
contractual management, data processing, management and program analysis, personnel15
management and grants management, provided that the secretary of the Department of16
Natural Resources shall exercise no authority over the provision of these services.17
D. The office authority may:18
(1) Negotiate and execute contracts, upon such terms as the office authority may19
agree, for legal, financial, consulting, or other professional services or personal services20
necessary to the conduct of the office authority. In addition, the office authority may21
enter into contracts for engineering and construction services or agreements with the22
federal government, local governing authorities, political subdivisions, or with other23
public or private entities for the administration, implementation, or enforcement of24
integrated coastal protection projects, programs, or activities as directed by the Coastal25
Protection and Restoration Authority Board.26
* * *27
E.(1) The office shall utilize the science and technology capacity of Louisiana28
universities through assisting in the formation of a coastal science consortium to enhance29
integrated coastal protection programs, projects, and activities for the following purposes:30 ENROLLEDHB NO. 916
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are additions.
(a) To identify any uncertainty relating to the physical, chemical, geological,1
biological, and cultural baseline conditions in the coastal area.2
(b) To improve the knowledge of the physical, chemical, ecological, biological,3
and cultural baseline conditions in the coastal area.4
(c) To identify and develop technologies, models, methods, and demonstrations5
to carry out the purposes of this Subsection.6
(d) To advance and expedite the implementation of the master plan. The board7
or the authority shall be authorized to solely utilize the science and technology capacity8
of Louisiana universities and the water institute to enhance integrated coastal protection9
programs, projects, and activities for the following purposes:10
(a) To identify any uncertainty related to the physical, chemical, geological,11
biological, or cultural baseline conditions in the coastal area.12
(b) To improve the knowledge of the physical, chemical, geological, biological,13
or cultural baseline conditions in the coastal area.14
(c) To identify and develop technologies, models, methods, and demonstrations15
to carry out the purposes of this Subsection.16
(2) The consortium shall be composed of public or private universities from17
within or without the state; federal, state, or local government and entities; private18
entities; research institutes; and shall be coordinated by a council composed of members19
as follows:20
(a) The chair of the Coastal Protection and Restoration Authority or his designee,21
to be a nonvoting member.22
(b) A representative of Louisiana State University and Agricultural and23
Mechanical College appointed by the chancellor.24
(c) A representative of Tulane University appointed by the president.25
(d) A representative of the University of Louisiana at Lafayette appointed by the26
president.27
(e) A representative of the University of New Orleans appointed by the28
chancellor.29
(f) A representative of Nicholls State University appointed by the president.30 ENROLLEDHB NO. 916
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(g) A representative of McNeese State University appointed by the president.1
(h) Two representatives of the public and private colleges within the state of2
Louisiana, or from outside the state, to be appointed on a rotating basis in a manner3
established in the bylaws of the consortium.4
(i) Seven members appointed in a manner established in the bylaws of the5
consortium.6
(3) Terms of service on the council, methods of appointment for certain seats on7
the council, membership guidelines, election of officers, and other administrative8
functions of the council and the consortium shall be established in the bylaws of the9
consortium.10
(4) In carrying out the provisions of this Subsection, the office Coastal Protection11
and Restoration Authority Board or the Coastal Protection and Restoration Authority may12
enter into contracts and cooperative agreements with Louisiana universities or with the13
consortium the water institute as authorized in this Subsection to enhance integrated14
coastal protection programs, projects, and activities.15
(3) For the purposes of this Subsection, the water institute shall mean The Water16
Institute of the Gulf, a 501(c)(3) nonprofit entity, incorporated on March 25, 2011, or its17
successors.18
* * *19
§214.6.3. Functions and responsibilities; hurricane protection and flood control20
A. Legislative intent21
* * *22
(4) This Section provides for the functions, powers, and responsibilities of the23
Office of Coastal Protection and Restoration Authority, which office authority is charged24
with oversight of the design, construction, extension, improvement, repair, and regulation25
of hurricane protection and flood control projects in the coastal area. The Section also26
provides for the integration of the state's hurricane protection and flood control efforts27
with coastal restoration efforts through the Coastal Protection and Restoration Authority28
Board.29 ENROLLEDHB NO. 916
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B. Coastal Protection and Restoration Authority duties and responsibilities1
regarding hurricane protection and flood control:2
(1) The office authority shall have oversight of the administration of all matters3
related to the studying, planning, engineering, design, construction, extension,4
improvement, repair, and regulation of a hurricane protection and flood control system,5
including but not limited to the construction and design of a hurricane protection and6
flood control system consisting of levees and associated elements to provide protection7
against tidal surges within the coastal area.8
(2) The inspection of hurricane protection and flood control levees and structures9
within the coastal area shall be the responsibility of the Office of Coastal Protection and10
Restoration Authority. The executive director or his designee shall regularly cause such11
structures to be inspected and shall maintain a report of such inspections. The office12
authority shall establish and implement a comprehensive hurricane and flood control13
protection inspection program. Such program shall include the following:14
(a) Reviewing of hurricane protection and flood control diagrams, designs, and15
plans.16
(b) Monitoring of defects and problems.17
(c) Conducting of an inspection of every hurricane protection and flood control18
barrier and associated elements at least every five years, or after a hurricane impacts a19
hurricane protection and flood control barrier and associated elements. If a defect or20
problem is identified, then the authority shall measure and test elevations, soil conditions,21
and structural integrity of the hurricane protection and flood control barrier and associated22
elements.23
(d) The office authority shall report a notice of defect in the hurricane protection24
and flood control within thirty days of the inspection results to the appropriate entity or25
political subdivision. The notice shall contain a description of the defect. The notice of26
defect shall be mailed by certified mail or return receipt requested. The appropriate27
entity, or political subdivision, shall have forty-five days from receipt of the notice of28
defect to provide the office authority with a plan and timeline time line to remedy the29
defect.30 ENROLLEDHB NO. 916
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(3) The exercise of any authority with respect to hurricane protection and flood1
control by a political subdivision within the coastal area is subject to the oversight and2
approval of the office authority in accordance with rules and regulations adopted by the3
office authority.4
(4) No state agency or entity shall enter into a contract with the United States5
Army Corps of Engineers which would require the state to assume liability for or provide6
the cost of operations and maintenance for a hurricane protection project unless the7
contract provides for independent third-party review and evaluation in accordance with8
the best available science and technical capabilities to confirm the project's anticipated9
level of protection against hurricane flooding prior to the state or political subdivision10
assuming liability and operations and maintenance obligations. The independent11
third-party reviewer and evaluator provided for in the contract shall be approved by both12
the United States Army Corps of Engineers and the state agency or entity. However, the13
provisions of this Subsection shall not apply to contracts for routine maintenance or other14
minor construction or repairs, or in cases where there is imminent threat to life or15
property, or when the chairman of the Coastal Protection and Restoration Authority16
Board, with the approval of the Coastal Protection and Restoration Authority board,17
determines that an emergency exists whereby compliance with the provisions of this18
Subsection would create an unreasonable hardship.19
(5) No funds of the state nor of any political subdivision or political corporation20
of the state shall be used nor provided to the United States or any of its agencies, by21
contract, agreement, a required contribution of a project cost-share or otherwise, for the22
expropriation of property for the purpose of compensatory mitigation of wetlands or other23
natural habitat, as authorized or required by state or federal law, to offset, compensate,24
or replace actual or anticipated damages to or loss of wetlands or other natural habitat25
caused by the Comite River Diversion Project, Amite River and Tributaries, Louisiana.26
However, the provisions of this Section shall not apply where such funds are to be used27
to obtain property voluntarily offered for compensatory mitigation purposes, including28
but not limited to mitigation banking, property where at least seventy-five percent of the29
owners have voluntarily offered the property, or property where the record or apparent30 ENROLLEDHB NO. 916
Page 26 of 36
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are additions.
owner has voluntarily offered the property but does not have clear title. Subject to any1
contrary law or terms, conditions, or stipulations in the act of sale, donation, contract or2
other agreement by which the property was acquired, current property interests or future3
property interests acquired for the Comite River Diversion Canal Project or associated4
acquisitions may be leased only in accordance with the provisions of Chapter 10 of Title5
41 of the Louisiana Revised Statutes of 1950 and additionally, such opportunity to lease6
shall first be offered to the original grantor, donor, vendor, or his successors in title for7
the same terms, conditions, and price as the highest successful bidder.8
* * *9
§214.6.6. Infrastructure priority program; applications; evaluations10
A. Applications for funding of any infrastructure project may be submitted by any11
political subdivision of the state. For any infrastructure projects, applications shall be12
made to the Coastal Protection and Restoration Authority Board by November first of13
each year for consideration of funding in the following fiscal year. Applications14
submitted in accordance with the provisions of this Section shall not be subject to the15
provisions of R.S. 39:101. Agencies submitting applications for projects in this program16
shall be responsible for preparation of applications for their respective projects.17
Information to be provided in the application shall include but not be limited to the18
following:19
* * *20
C. The applications submitted by agencies shall be evaluated by the Coastal21
Protection and Restoration Authority Board which shall hold no less than three public22
hearings in separate locations within the coastal area for the purpose of receiving public23
testimony and comment from requesting authorities and citizens regarding the proposed24
infrastructure projects. Such hearings may be held at the same time and location as25
hearings set for public comment on the annual plan. The office authority shall prioritize26
and rank such applications. The office authority shall provide its application evaluations27
to the authority Coastal Protection and Restoration Authority Board.28
D. Based upon the evaluations of the office authority, the authority board may29
compile a list of infrastructure projects to be formally included in the annual plan.30 ENROLLEDHB NO. 916
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are additions.
§214.6.7. Barrier islands, shoreline stabilization, and preservation1
A. The executive director of the Office of Coastal Protection and Restoration2
Authority shall establish a barrier islands and shorelines stabilization and preservation3
program. As part of the barrier islands and shorelines program, the office authority shall4
require that all projects subject to public bid include appropriate dredges for use to5
stabilize and preserve barrier islands and shorelines. In addition, the office authority shall6
require that all barrier island stabilization and preservation projects mandate a minimum7
dune height of eight feet with vegetation where appropriate.8
B. By September first each year, the governing authority of each parish which has9
barrier islands and shorelines shall submit to the office authority and the Coastal10
Protection and Restoration Authority Board a list of barrier islands and shorelines11
stabilization and preservation projects requested for that parish. The office authority shall12
review the projects submitted and by December first of each year shall issue a list which13
prioritizes those requests.14
* * *15
E.16
* * *17
(3) Monies appropriated from the fund shall be used exclusively by the Office18
of Coastal Protection and Restoration Authority to support the barrier island stabilization19
and preservation program.20
F. The Office of Coastal Protection and Restoration Authority shall annually21
submit a barrier island status report to the legislature. The report shall indicate the22
condition of all barrier islands, provide the status of all barrier island stabilization and23
preservation projects under construction, and shall outline future plans for restoration and24
maintenance of the barrier islands and coastal passes. The annual report shall be25
submitted to each member of the legislature during the regular session of the legislature.26
* * *27
§214.6.9. Authority for integrated coastal protection surveying28
The Office of Coastal Protection and Restoration Authority and its authorized29
agents, contractors, or and employees shall also have the power to enter upon any lands,30 ENROLLEDHB NO. 916
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are additions.
waters, and premises in the state for the purpose of making such surveys, soundings,1
drillings, and examinations as may be necessary or convenient for carrying out the2
purposes of integrated coastal protection, which entry shall not be deemed a civil or3
criminal trespass nor a temporary construction servitude, nor shall it be deemed an entry4
under any eminent domain proceedings which may be then pending, provided that prior5
written notice of five days to resident owners and fifteen days to nonresident owners be6
given to the last record property owner as reflected in the parish assessment rolls. Written7
notice shall consist of mailing the notice by certified mail to the last known address of the8
owner as shown in the current assessment records. The Office of Coastal Protection and9
Restoration Authority shall indemnify the property owner for any loss or injury resultant10
from entry upon the property and shall make reimbursement for any actual damages11
resulting to lands, waters, and premises as a result of these activities.12
* * *13
§214.61. Office of Coastal Protection and Restoration Authority; acquisition of property14
prior to judgment; definitions15
A. When the Office of Coastal Protection and Restoration Authority cannot16
amicably acquire property in the coastal zone needed for barrier island preservation,17
restoration, or creation for coastal wetlands purposes, it may acquire the same by18
expropriation and may acquire the property prior to judgment in the trial court as provided19
in this Part.20
* * *21
D. As used in this Part:22
* * *23
(2) "Department" means the state Department of Natural Resources Coastal24
Protection and Restoration Authority or its successor.25
* * *26
Section 4. R.S. 56:421(B)(13) and (E)(4), 424(H), 432.1(A), (B), (C)(introductory27
paragraph) and (1), and (D)(1), and 432.2 are hereby amended and reenacted as follows:28 ENROLLEDHB NO. 916
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§421. Oyster Task Force1
* * *2
B. The task force shall be composed as follows:3
* * *4
(13) One member appointed by the executive director of the Office of Coastal5
Protection and Restoration Authority.6
* * *7
E. The task force is hereby charged with responsibility to do the following:8
* * *9
(4) Make recommendations with respect to issues pertaining to the oyster industry10
and oyster production to the various state agencies charged with responsibility for11
differing elements of the oyster industry in this state, including the Department of12
Wildlife and Fisheries, the Department of Natural Resources, and the Office of Coastal13
Protection and Restoration Authority Board, the Coastal Protection and Restoration14
Authority, the Department of Health and Hospitals, the governor's executive assistant for15
coastal activities, and the legislature.16
* * *17
§424. Taking of oysters18
* * *19
H. Notwithstanding the provisions of this Section, employees or assigns of the20
Office of Coastal Protection and Restoration Authority may survey or remove, as a21
sample, oysters from an oyster lease on state water bottoms in order to make22
determinations in matters of integrated coastal protection. In order to make such surveys23
or take such samples, the employees or assigns of the Office of Coastal Protection and24
Restoration Authority shall first notify the leaseholder in writing of the date and time of25
the survey or sample at least fifteen days prior to the survey or sampling date. This26
notification shall be sent by certified mail to the leaseholder at the address on file with the27
Department of Wildlife and Fisheries. The leaseholder may accompany the person28
conducting the survey or taking the sample during the survey or sampling or may29
authorize another person to accompany the person conducting the survey or taking the30 ENROLLEDHB NO. 916
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are additions.
sample. Such surveys shall be conducted in the manner provided in procedures1
promulgated by the Office of Coastal Protection and 2
Restoration Authority after consideration of recommendations by the Louisiana Oyster3
Task Force.4
* * *5
§432.1. Oyster Lease Acquisition and Compensation Program6
A. The legislature hereby acknowledges potential conflicts between the7
Department of Wildlife and Fisheries oyster leasing program and the Louisiana coastal8
restoration program provided for in R.S. 49:214.1 et seq. Therefore, the Office of Coastal9
Protection and Restoration Authority shall develop a program, subject to the requirements10
and conditions of this Section, for the acquisition of and compensation for oyster leases11
or portions of oyster leases upon which occurs or will occur dredging, direct placement12
of dredged or other materials, or other work or activities necessary for the construction13
or maintenance of a project for integrated coastal protection.14
B. The state of Louisiana, through the Office of Coastal Protection and15
Restoration Authority, may acquire any oyster lease, in whole or in part, due to the impact16
of dredging, direct placement of dredged or other materials, or other work or activities17
necessary for the construction or maintenance of a project for integrated coastal18
protection.19
(1) Acquisition shall be implemented by a notice of acquisition issued to the20
leaseholder. Such notice shall specify the acreage acquired and the effective date of the21
acquisition. A plat or map depicting the acreage acquired shall be attached to the notice.22
The notice and acquisition shall be subject to the following:23
(a) The Office of Coastal Protection and Restoration Authority shall issue any24
such notice in writing to the leaseholder at his address on file with the Department of25
Wildlife and Fisheries on the date of issuance, by hand delivery or certified mail, return26
receipt requested. If the Office of Coastal Protection and Restoration Authority attempts27
such issuance at least once and is unable to deliver the notice to the leaseholder, the28
Office of Coastal Protection and Restoration Authority shall reissue the notice to the29
lessee at his address on file with the Department of Wildlife and Fisheries on the date of30 ENROLLEDHB NO. 916
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are additions.
the re-issuance, by regular mail, and shall publish in the official journal for each parish1
in which the acquired acreage is located a summary of the notice including identification2
of the affected acreage, the effective date of the acquisition, and a contact person at the3
Office of Coastal Protection and Restoration Authority for all inquiries regarding the4
acquisition. The notice of acquisition may be recorded in the public records of any parish5
in which the acquired acreage is located.6
(b) The acquisition shall be effective on the date specified in the notice of7
acquisition regardless of whether the lessee actually receives the notice of acquisition.8
Upon the effective date of the acquisition, possession of the affected acreage shall revert9
to the state, free and clear of any lease or other obligation or encumbrance.10
(c) Lease payments as otherwise required by R.S. 56:428 or 429 shall no longer11
be payable for the acquired acreage for the calendar year after the date on which the12
notice of acquisition was issued.13
(d) Upon acquisition of a portion of leased acreage, the lease shall continue in full14
force and effect as to the remaining acreage under the lease.15
(2) The Office of Coastal Protection and Restoration Authority shall determine16
the compensation for any acquisition pursuant to this Section in accordance with rules or17
regulations adopted by that department after consideration of recommendations by the18
Louisiana Oyster Task Force, subject to the following:19
(a) The Office of Coastal Protection and Restoration Authority shall issue its20
determination of compensation to the leaseholder together with the notice of acquisition21
and by the same procedure provided for issuance of such notice.22
(b) The Office of Coastal Protection and Restoration Authority shall consider any23
reasonably confirmable data or information provided by the leaseholder or any other24
person in making its determination of compensation, provided that the data or information25
is submitted in compliance with rules or regulations promulgated by that department prior26
to the date of initial issuance of the determination of compensation. Such rules or27
regulations shall provide the leaseholder at least sixty days in which to submit such data28
or information before the initial issuance of the determination of compensation.29 ENROLLEDHB NO. 916
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are additions.
(3) The Office of Coastal Protection and Restoration Authority shall issue1
payment to the leaseholder in the full amount of its determination of compensation,2
except for and less any amount due on recorded liens and encumbrances to be paid out3
of said proceeds, together with the notice of acquisition, and by the same procedure4
provided for issuance of such notice. Acceptance of such payment shall not preclude any5
claim for additional compensation, as provided in this Section. If the Office of Coastal6
Protection and Restoration Authority is unable to contact the leaseholder by the procedure7
provided in Subparagraph (B)(1)(a) of this Section (1)(a) of this Subsection, that8
department shall transfer funds in the amount of the determined compensation except for9
and less any amount due on recorded liens and encumbrances to be paid out of said10
proceeds, to a trust account, instead of attaching such payment to the reissued notice.11
Upon request of the leaseholder listed with the Department of Wildlife and Fisheries on12
the date notice of acquisition is initially issued, any such compensation may be withdrawn13
from the trust account for the benefit of the leaseholder. Any funds placed in a trust14
account that remain unclaimed after a period of five years shall be declared to be15
abandoned and may be disposed of pursuant to the Uniform Unclaimed Property Act, R.S.16
9:151 et seq. Any amount due on a recorded lien or encumbrance shall be paid directly17
to the holder thereof, with a copy of all documentation of such payment issued to the18
leaseholder. If the Office of Coastal Protection and Restoration Authority is unable to19
contact the holder of the lien or encumbrance, that department shall transfer funds in the20
amount of the lien or encumbrance to a trust account, from which it may be withdrawn21
for the benefit of the lien or encumbrance holder.22
(4) To the extent that the Office of Coastal Protection and Restoration Authority23
acquires any lease or portion thereof under this Section in relation to any project or action24
for integrated coastal protection performed by any department, agency, board,25
commission, or political subdivision of the state other than the Office of Coastal26
Protection and Restoration Authority, such department, agency, board, commission, or27
political subdivision shall compensate the Office of Coastal Protection and Restoration28
Authority for all costs incurred by the department which are associated with the29 ENROLLEDHB NO. 916
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are additions.
acquisition. However, the executive director of the Office of Coastal Protection and1
Restoration Authority may waive this requirement.2
C. A leaseholder whose lease is acquired in whole or in part may seek an3
administrative hearing through the Office of Coastal Protection and Restoration Authority4
as to whether the acquisition due to the impact of dredging, direct placement of dredged5
or other materials, or other work or activities necessary for the construction or6
maintenance of a project for integrated coastal protection is proper or whether the7
compensation issued by the Office of Coastal Protection and Restoration Authority8
satisfies the rules or regulations of that department. A leaseholder whose lease is not9
acquired but which was impacted by dredging, direct placement of dredged or other10
materials, or other work or activities necessary for the construction or maintenance of a11
project for integrated coastal protection has occurred, may also seek an administrative12
hearing through the Office of Coastal Protection and Restoration Authority to determine13
if acquisition of such acreage would be proper. Adjudication under this Section shall be14
conducted in accordance with the following:15
(1) Adjudication under this Section must be requested in writing and received by16
the Office of Coastal Protection and Restoration Authority within sixty days after17
issuance of the notice of acquisition, determination of compensation, or payment as18
provided in Subsection B of this Section. However, adjudication of the amount of the19
compensation must be requested in writing and received by the Office of Coastal20
Protection and Restoration Authority within two years after completion of the project for21
which the lease or portion of the lease was acquired, if the leaseholder establishes that22
notice of the acquisition, determination of compensation, or payment was not issued as23
required in this Section. Adjudication of the lack of acquisition of leased acreage upon24
which dredging, direct placement of dredged or other materials, or other work or activities25
necessary for the construction or maintenance of a project for integrated coastal26
protection has occurred must be requested in writing and received by the Office of27
Coastal Protection and Restoration Authority within two years after completion of the28
project.29
* * *30 ENROLLEDHB NO. 916
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are additions.
D. A leaseholder may seek in accordance with the following, judicial review of1
the final decision of the administrative law judge based solely on the administrative2
record and, except as otherwise provided in this Section, in accordance with the3
provisions of Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950.4
(1) Any petition for judicial review pursuant to this Subsection must be filed with5
the Nineteenth Judicial District Court within sixty days after issuance of the final decision6
of the administrative law judge. No petition for judicial review may be filed, and any7
such petition is premature, unless adjudication has been timely sought and all8
administrative remedies have been exhausted. The petition shall be served upon the9
executive director of the Office of Coastal Protection and Restoration Authority and all10
parties of record.11
* * *12
§432.2. Annual reporting of coastal protection, conservation, and restoration project13
status14
Once per year, in coordination with the Louisiana Oyster Task Force, the Office15
of Coastal Protection and Restoration Authority shall provide information to the Oyster16
Task Force regarding the nature, location, and status of current or planned projects for17
integrated coastal protection to the extent practical.18
Section 5. R.S. 49:214.3.1(A)(4) and 214.6.8 are hereby repealed in their entirety.19
Section 6. The Coastal Protection and Restoration Authority Board and the Coastal20
Protection and Restoration Authority are hereby assigned and subsume all of the duties and21
responsibilities previously exercised by any other state agency, including but not limited to the22
Office of Coastal Protection and Restoration, the Department of Natural Resources, the23
Department of Transportation and Development, office of public works, and the Department of24
Wildlife and Fisheries with regard to previously executed agreements and contracts, the purposes25
of which are under the duties, jurisdiction, responsibilities, and powers granted to the Coastal26
Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority.27
The Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration28
Authority is hereby given the power to execute, sign, modify, amend, and renew any such29
agreement on its own behalf or on behalf of the state of Louisiana.30 ENROLLEDHB NO. 916
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are additions.
Section 7. All unfinished business, references in laws and documents, employees,1
property, obligations, and books and records of the prior plans, projects, policies, and programs2
assumed by this Act into the Coastal Protection and Restoration Authority Board or the Coastal3
Protection and Restoration Authority shall be transferred as provided in this Section. Any4
pending or unfinished business of the prior plans, projects, policies, and programs shall be taken5
over and be completed by the authority or by the Coastal Protection and Restoration Authority6
Board with the same power and authorization as that of prior plans, projects, policies, and7
programs and the authority or the board shall be the successor in every way to the prior plans,8
projects, policies, and programs for the purpose of completing such business. Any reference in9
laws and documents to either of the prior plans, projects, policies, and programs shall be deemed10
to apply to the authority or the board. Any legal proceeding to which the prior plans, projects,11
policies, and programs are a party and which is filed, initiated, or pending before any court on12
the effective date of this Section, and all documents involved in or affected by said legal13
proceeding, shall retain their effectiveness and shall be continued in the name of the authority or14
the board. All further legal proceedings and documents in the continuation, disposition, and15
enforcement of such legal proceeding shall be in the name of the authority or the board, and the16
authority or the board shall be substituted for the prior plans, projects, policies, and programs17
without necessity for amendment of any document. This Act shall not be construed so as to18
impair the effectiveness of any rule or policy of either of the prior plans, projects, policies, and19
programs and any such rule or policy shall remain effective as provided therein or until changed20
in accordance with law. This Act shall not be construed so as to impair the contractual or other21
obligations of either of the prior plans, projects, policies, and programs or of the state of22
Louisiana. All obligations of the prior plans, projects, policies, and programs shall be the23
obligations of the authority or the board. The authority or the board shall be the successor in24
every way to the prior plans, projects, policies, and programs, including all of their obligations25
and debts. All dedications and allocations of revenues and sources of revenues heretofore made26
to or for either of the prior plans, projects, policies, and programs shall continue in the same27
manner, to the same extent, and for the same purposes as were provided prior to the enactment28
of this Act, unless and until other provision is made therefor. All books, papers, records, money,29
actions, and other property of every kind, movable and immovable, real and personal, heretofore30 ENROLLEDHB NO. 916
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are additions.
possessed, controlled, or used by either of the prior plans, projects, policies, and programs are1
hereby transferred to the new office or the authority. All employees heretofore engaged in the2
performance of duties of the prior plans, projects, policies, and programs, insofar as practicable3
and necessary, are transferred to the new office and insofar as practicable and necessary shall4
continue to perform the duties heretofore performed, subject to policies and procedures of the5
authority, applicable state civil service laws, rules, and regulations, and other applicable laws.6
Subject to such laws, positions in the unclassified service shall remain in the unclassified service.7
Section 8. If and when this Act is finally passed by the legislature and enacted into law,8
the Louisiana State Law Institute is hereby directed to correct references to the Coastal Protection9
and Restoration Authority and the Office of Coastal Protection and Restoration contained in any10
other act of the 2012 Regular Session so that those references are in compliance with intentions11
of the provisions of this Act.12
Section 9. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature by14
the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If vetoed15
by the governor and subsequently approved by the legislature, this Act shall become effective on16
the day following such approval.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: