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ACT No. 604
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), 108,2
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),7
214.5.4(G)(8), 214.5.7, 214.6.1, 214.6.2(A), (B), (C), (D)(introductory paragraph)8
and (1), and (E), 214.6.3(A)(4) and (B), 214.6.6(A)(introductory paragraph), (C), and9
(D), 214.6.7(A), (B), (E)(3), and (F), 214.6.9, and 214.61(A) and (D)(2), R.S.10
56:421(B)(13) and (E)(4), 424(H), 432.1(A), (B), (C)(introductory paragraph) and11
(1), and (D)(1), and 432.2 and to repeal R.S. 49:214.3.1(A)(4) and 214.6.8, relative12
to the Coastal Protection and Restoration Authority and the Office of Coastal13
Protection and Restoration; to change the names of each entity; to provide relative14
to the powers, duties, and authorities of each entity; to provide relative to15
appointment to the Coastal Protection and Restoration Authority Board; and to16
provide for related matters.17
Be it enacted by the Legislature of Louisiana:18
Section 1. R.S. 36:4(Z) is hereby amended and reenacted to read as follows: 19
§4. Structure of executive branch of state government20
* * *21
Z. The Governor's Advisory Commission on Coastal Protection, Restoration22
and Conservation (R.S. 49:214.4.1) and the Coastal Protection and Restoration23
Authority Board (R.S. 49:214.5.1 et seq.), and the Office of Coastal Protection and24 ENROLLEDHB NO. 916
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Restoration Authority (R.S. 49:214.6.1 et seq.), shall be placed within the office of1
the governor and shall perform and exercise their powers, duties, functions, and2
responsibilities as provided by law.3
* * *4
Section 2. R.S. 38:81(C), 101(A) and (B), 102, 103, 107(A), 108, 109, 213(A) and5
(D), and 330.1(K)(6) are hereby amended and reenacted to read as follows:6
§81. Governor authorized to enter into contracts with federal authorities7
* * *8
C. The governor may utilize to whatever extent they are empowered by law9
to function the various levee boards or boards of levee commissioners of this state,10
the Department of Transportation and Development, the Coastal Protection and11
Restoration Authority, the Office of Coastal Protection and Restoration Authority12
Board, or any other state board, commission, agency, or political subdivision. These13
authorities shall, to the fullest extent of their capacity, fully cooperate and coordinate14
their efforts under his direction in carrying out and accomplishing the obligations15
and requirements of the agreements and undertakings.16
* * *17
§101. West Bank Hurricane Protection Projects18
A. For the purpose established in this Chapter, the Coastal Protection and19
Restoration Authority Board shall be designated the nonfederal sponsor for the20
construction of the Westwego to Harvey Canal hurricane protection project, for21
modifications of the Westwego to Harvey Canal hurricane protection project to22
include the Lake Cataouatche area, the East of Harvey Canal hurricane protection23
project, and for any other future project modifications or additions within the24
parishes of Jefferson, Orleans, Plaquemines, and St. Charles. The chairman of the25
Coastal Protection and Restoration Authority Board is authorized to negotiate and26
contract with the United States of America to provide such assurances and27
cooperation as are necessary for the purposes authorized in this Chapter, including28
the negotiation and contract for any future modifications to the current local29
cooperation agreement between the West Jefferson Levee District and the30 ENROLLEDHB NO. 916
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Department of the Army for the Westwego to Harvey Canal hurricane protection1
project. The chairman of the Coastal Protection and Restoration Authority Board or2
the executive director of the Coastal Protection and Restoration Authority is3
authorized to contract for the construction of these projects, including any future4
project modifications or additions, and for the financing of the nonfederal share of5
the construction cost by the United States to be repaid by the state, with interest over6
a thirty-year period.7
B. The chairman of the Coastal Protection and Restoration Authority Board8
or the executive director of the Coastal Protection and Restoration Authority is9
authorized to proceed and cooperate in the planning, engineering, design, and10
construction of the Westwego to Harvey Canal hurricane protection project, for11
modifications of the Westwego to Harvey Canal hurricane protection project to12
include the Lake Cataouatche area, the East of Harvey Canal hurricane protection13
project, and for any other future project modifications or additions within the14
parishes of Jefferson, Orleans, Plaquemines, and St. Charles; to wit, providing the15
highest level of hurricane protection, consisting of levees, floodwall, floodgates, and16
related structures, as may be economically justified for those portions of Jefferson,17
Orleans, Plaquemines, and St. Charles parishes located on the west bank of the18
Mississippi River generally between the easternmost guide levee of the Davis Pond19
Freshwater Diversion Project in St. Charles Parish and the community of Oakville,20
Louisiana, in Plaquemines Parish.21
* * *22
§102. Powers23
A. The Coastal Protection and Restoration Authority Board and the Coastal24
Protection and Restoration Authority may do all things necessary to carry out the25
purposes of this Chapter, including but not limited to the things expressly provided26
for in this Section.27
B. The Coastal Protection and Restoration Authority Board and the Coastal28
Protection and Restoration Authority may enter into contracts and agreements of any29
nature for the purposes of this Chapter with any person either natural or artificial,30 ENROLLEDHB NO. 916
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corporation, association, or other entity, including public corporations, levee1
districts, port authorities, state departments, agencies, parishes, municipalities, the2
United States government and agencies thereof, or any combination thereof or with3
instrumentalities of every kind, and may designate any department, agency,4
municipality, parish, levee district, and industrial district, or other political5
subdivision of the state as its agent to carry out the purposes of and the powers6
granted under this Chapter. The chairman of the Coastal Protection and Restoration7
Authority Board or the executive director of the Coastal Protection and Restoration8
Authority may negotiate with and enter into contracts or other agreements with any9
such person or entity concerning the joint administration of the project, including10
jurisdictional aspects of the state's administration of the project, and providing lands,11
servitudes and rights-of-way, and the relocation of project facilities and may engage12
jointly in the exercise of any power and in the construction of any facilities and13
improvements for the purposes of the project on any basis, including matching of14
funds, which the participating entities may undertake under any provision of general15
or special law.16
C. The Coastal Protection and Restoration Authority Board and the Coastal17
Protection and Restoration Authority may institute or defend in courts of competent18
jurisdiction, including for the purposes of this Chapter, the courts and administrative19
tribunals of the United States of America, any legal proceedings that may be20
necessary or required to compel compliance with this Chapter or any actions taken21
hereunder or that may arise out of the performance of the obligations and duties22
imposed by this Chapter.23
D. The powers granted under this Chapter shall be regarded as supplemental24
to powers conferred on the Coastal Protection and Restoration Authority Board and25
the Coastal Protection and Restoration Authority by other laws.26
§103. Coordination and cooperation27
A. It is the policy of this Chapter that the West Bank hurricane protection28
projects be pursued so that there is full coordination and cooperation between all29
federal and state entities that have complementing or overlapping interests and30 ENROLLEDHB NO. 916
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authority in the projects. The chairman of the Coastal Protection and Restoration1
Authority Board or the executive director of the Coastal Protection and Restoration2
Authority is authorized to coordinate all of the state and local governmental aspects3
of the projects so that there is an orderly development of the project.4
B. The chairman of the Coastal Protection and Restoration Authority Board5
or the Coastal Protection and Restoration Authority is authorized to call upon the6
West Jefferson Levee District, the Orleans Levee District, Plaquemines Parish, St.7
Charles Parish, and all other commissions and districts and state agencies,8
departments, and political subdivisions of the state for full and complete cooperation9
and assistance in carrying out the provisions of this Chapter, and all such entities are10
hereby directed and it shall be their duty to cooperate and assist the department to the11
fullest extent possible.12
* * *13
§107. Lower Atchafalaya River interim flood protection projects14
A. For the purpose established in this Chapter and for the purposes of15
designating the Coastal Protection and Restoration Authority Board as the nonfederal16
sponsor for the construction of the Lower Atchafalaya River interim flood protection17
project, the chairman of the Coastal Protection and Restoration Authority Board may18
negotiate and contract with the United States to provide such assurances and19
cooperation as is necessary. The chairman of the Coastal Protection and Restoration20
Authority Board or executive director the Coastal Protection and Restoration21
Authority is authorized to contract for the construction of these projects and for the22
financing of the nonfederal share of the construction cost by the United States to be23
repaid by the state, with interest.24
* * *25
§108. Powers26
A. The Coastal Protection and Restoration Authority Board or the Coastal27
Protection and Restoration Authority may do all things necessary to carry out the28
purposes of this Chapter, including but not limited to the things expressly provided29
for in this Section.30 ENROLLEDHB NO. 916
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B.(1) The chairman of the Coastal Protection and Restoration Authority1
Board or the executive director of the Coastal Protection and Restoration Authority2
may enter into contracts and agreements of any nature for the purposes of this3
Chapter with any person, natural or artificial, corporation, association or other entity,4
including public corporations, levee districts, port authorities, state departments,5
agencies, parishes, municipalities, the United States government and agencies6
thereof, or any combination thereof or with instrumentalities of every kind, and may7
designate any department, agency, municipality, parish, levee district, and industrial8
district or other political subdivision of the state as its agent to carry out the purposes9
of the powers granted under this Chapter.10
(2) The chairman of the Coastal Protection and Restoration Authority Board11
or the executive director of the Coastal Protection and Restoration Authority may12
negotiate with and enter into contracts or other agreements with any such person or13
entity concerning the joint administration of the project, including jurisdictional14
aspects of the state's administration of the project, and providing lands, servitudes,15
and rights-of-way, the relocation of project facilities and may engage jointly in the16
exercise of any power and in the construction of any facilities and improvements for17
the purposes of the project on any basis, including matching of funds, which the18
participating entities may undertake under any provision of general or specific law.19
C. The chairman of the Coastal Protection and Restoration Authority Board20
or the executive director of the Coastal Protection and Restoration Authority may21
institute or defend in courts of competent jurisdiction, including for the purposes of22
this Chapter the courts and administrative tribunals of the United States, any legal23
proceedings that may be necessary or required to compel compliance with this24
Chapter or any actions taken hereunder or that may arise out of the performance of25
the obligations and duties imposed by the Chapter.26
D. The powers granted under this Chapter shall be regarded as supplemental27
to powers conferred on the Coastal Protection and Restoration Authority Board or28
the Coastal Protection and Restoration Authority by other laws.29
§109. Coordination and cooperation30 ENROLLEDHB NO. 916
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A. It is the policy of this Chapter that the Lower Atchafalaya interim flood1
protection projects be pursued so that there is full coordination and cooperation2
between all federal and state entities that have complementing or overlapping3
interests and authority in the projects. The chairman of the Coastal Protection and4
Restoration Authority Board or the executive director of the Coastal Protection and5
Restoration Authority may coordinate all of the state and local governmental aspects6
of the projects so that there is an orderly development of the project.7
B. The chairman of the Coastal Protection and Restoration Authority Board8
or the executive director of the Coastal Protection and Restoration Authority may9
call upon the cities of Morgan City and Berwick, and all other commissions and10
districts and state agencies, departments, and political subdivisions of the state for11
full and complete cooperation and assistance in carrying out the provisions of this12
Chapter, and all such entities are hereby directed and it shall be their duty to13
cooperate and assist the department to the fullest extent possible.14
* * *15
§213. Riding or hauling on levees prohibited16
A. No person shall ride, drive, or haul upon the public levees or integrated17
coastal protection projects or their rights-of-way except where, in the judgment of18
the levee commissioners of a district and the Department of Transportation and19
Development, or, for levees or integrated coastal protection projects in the coastal20
area as defined in R.S. 49:214.2(3), the Office of Coastal Protection and Restoration21
Authority, ample provision has been made to guard against any damage to which the22
levees or integrated coastal protection projects may thereby be exposed from wear,23
tear, and abuse. Each levee district shall publish guidance, erect signage, and require24
special permits as they deem appropriate to allow them to make provisions for25
limited riding, driving, or hauling.26
* * *27
D. Nothing in this Section shall interfere with the crossing over any public28
levees, at ramps or inclines established under plans and specifications of the29
Department of Transportation and Development, or, for levees or integrated coastal30 ENROLLEDHB NO. 916
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protection projects in the coastal area as defined in R.S. 49:214.2(3), the Office of1
Coastal Protection and Restoration Authority. Nothing in this Section shall interfere2
with the ability of the Coastal Protection and Restoration Authority Board to carry3
out its responsibilities as the local sponsor for all integrated coastal protection4
projects, in its jurisdiction, pursuant to R.S. 49:214.1(F).5
* * *6
§330.1. Southeast Louisiana Flood Protection Authority-East and Southeast7
Louisiana Flood Protection Authority-West Bank; territorial jurisdiction;8
board of commissioners; appointments; terms; compensation; vacancy;9
officers; meetings; domicile10
* * *11
K.12
* * *13
(6) Notwithstanding any provision of law to the contrary, except for14
membership on the Coastal Protection and Restoration Authority Board, no member15
of a board shall serve at the same time on any other board or commission, the16
membership of which is appointed in whole or in part by an elected official or by a17
public body the majority of the membership of which consists of elected officials.18
"Elected official" as used in this provision means any person holding an office in a19
governmental entity which is filled by the vote of the appropriate electorate and20
includes any person appointed to fill a vacancy in such offices.21
* * *22
Section 3. R.S. 49:214.1(E) and (F), 214.2(1) through (12), 214.3.1(A)(3),23
214.4.2(A)(introductory paragraph) and (C)(1), 214.5.1(A), (B)(introductory paragraph) and24
(15), and (C), 214.5.2(A)(introductory paragraph), (5), and (11), (B)(introductory25
paragraph), (1), (3), and (5), (C), (D), (E), and (F), 214.5.3(A)(1), (B), (D)(2)(introductory26
paragraph), (E)(1), (4), and (5), 214.5.4(G)(8), 214.5.7, 214.6.1, 214.6.2(A), (B), (C),27
(D)(introductory paragraph) and (1), and (E), 214.6.3(A)(4) and (B), 214.6.6(A)(introductory28
paragraph), (C), and (D), 214.6.7(A), (B), (E)(3), and (F), 214.6.9, and 214.61(A) and (D)(2)29
are hereby amended and reenacted to read as follows:30 ENROLLEDHB NO. 916
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§214.1. Purpose and intent1
* * *2
E. It is the intention of the legislature that comprehensive integrated coastal3
protection be elevated to a position within state government of high visibility and4
action and that hurricane protection, storm damage reduction, flood control, and5
conservation and restoration of the coastal area be of high priority within that6
structure. To provide aggressive state leadership, direction, and consonance in the7
development and implementation of policies, plans, and programs to achieve8
comprehensive integrated coastal protection, including the encouragement of9
multiple uses of the coastal area and to achieve a proper balance between10
development and conservation, restoration, creation, and nourishment of renewable11
coastal resources, the legislature places responsibility for the direction and12
development of the state's comprehensive master coastal protection plan with the13
Coastal Protection and Restoration Authority Board within the office of the14
governor. In order to maximize the effectiveness of integrated coastal protection15
efforts, the Coastal Protection and Restoration Authority Board shall use an16
integrated effort to jointly coordinate master plan and annual plan development with17
the Office of Coastal Protection and Restoration Authority, state agencies, political18
subdivisions, including flood protection authorities, levee districts, and federal19
agencies.20
F. Notwithstanding any other provision of state law and in accordance with21
the requirements of the Department of Defense, Emergency Supplemental22
Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic23
Influenza Act of 2006, the Coastal Protection and Restoration Authority Board is24
established, authorized, and empowered to carry out any and all functions necessary25
to serve as the single entity responsible to act as the local sponsor for construction,26
operation and maintenance of all of the hurricane, storm damage reduction and flood27
control projects in areas under its jurisdiction, including the greater New Orleans and28
southeast Louisiana area.29
§214.2. Definitions30 ENROLLEDHB NO. 916
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As used in this Part, the following terms shall have the meaning meanings1
ascribed to them below:2
(1) "Annual plan" means the state integrated coastal protection plan3
submitted annually to the legislature as provided in this Part including amendments4
to the plan, as determined by the authority board. Such plan shall provide for5
protecting, conserving, enhancing, and restoring the coastal area through the6
construction and management of integrated coastal protection projects and programs7
pursuant to the provisions of R.S. 49:214.5.3.8
(2) "Authority" means the Coastal Protection and Restoration Authority.9
(3) "Board" means the Coastal Protection and Restoration Authority Board.10
(4) "Coastal area" means the Louisiana Coastal Zone and contiguous areas11
subject to storm or tidal surge and the area comprising the Louisiana Coastal12
Ecosystem as defined in Section 7001 of 110 Public Law 114.13
(4) (5) "Conservation and restoration" means the conservation, protection,14
enhancement, and restoration of coastal resources including but not limited to coastal15
wetlands, marshes, cheniers, ridges, coastal forests, and barrier islands, shorelines,16
coastal passes, or reefs through the construction and management of coastal17
resources enhancement projects, including privately funded marsh management18
projects or plans, and those activities requiring a coastal use permit which19
significantly affect such projects or which significantly diminish the benefits of such20
projects or plans insofar as they are intended to conserve or enhance coastal21
resources consistent with the legislative intent as expressed in R.S. 49:214.1.22
(5) (6) "Executive assistant" means the special assistant to the governor for23
coordination of coastal activities as delineated in R.S. 49:214.3.1.24
(6) (7) "Executive director" means the person appointed to serve as the head25
of the Office of Coastal Protection and Restoration Authority.26
(7) (8) "Fund" means the Coastal Protection and Restoration Fund.27
(8) (9) "Hurricane protection" means systems to provide protection against28
tidal and storm surges.29 ENROLLEDHB NO. 916
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(9) (10) "Infrastructure" means publicly owned facilities or systems in the1
coastal area that are negatively impacted by coastal land loss or rising seas, and that2
serve a critical public purpose and are consistent with the priorities stated in the3
master plan and the eligible uses of the Gulf of Mexico Energy Security Act of 2006.4
The term shall not include levee, hurricane protection, or coastal restoration systems.5
(10) (11) "Integrated coastal protection" means plans, projects, policies, and6
programs intended to provide hurricane protection or coastal conservation or7
restoration, and shall include but not be limited to coastal restoration; coastal8
protection; infrastructure; storm damage reduction; flood control; water resources9
development; erosion control measures; marsh management; diversions; saltwater10
intrusion prevention; wetlands and central wetlands conservation, enhancement, and11
restoration; barrier island and shoreline stabilization and preservation; coastal passes12
stabilization and restoration; mitigation; storm surge reduction; or beneficial use13
projects.14
(11) (12) "Master plan" or "comprehensive master coastal protection plan"15
means the long-term comprehensive integrated coastal protection plan combining16
coastal restoration, coastal zone management, storm damage reduction, hurricane17
protection, flood control, and the protection, conservation, restoration, and18
enhancement of coastal wetlands, marshes, cheniers, ridges, coastal forests, and19
barrier shorelines or reefs, including amendments, as determined by the authority20
board to the plan. It shall include but not be limited to state and political subdivision21
operations plans.22
(12) "Office" means the Office of Coastal Protection and Restoration.23
* * *24
§214.3.1. Governor's Executive Assistant for Coastal Activities25
A. The executive assistant26
* * *27
(3) The executive assistant shall employ necessary staff to carry out the28
duties and functions provided in this Part or as otherwise provided by law and may29
seek and utilize the assistance of personnel of the Office of Coastal Protection and30 ENROLLEDHB NO. 916
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Restoration Authority or any state department or agency to carry out his duties,1
functions, and responsibilities as provided in this Part or otherwise provided by law.2
He shall manage his personnel as provided by law and shall manage his budget,3
office, and related functions as provided by law.4
* * *5
§214.4.2. America's WETLAND Trail6
A. The America's WETLAND Trail may be established in the Office of7
Coastal Protection and Restoration Authority.8
* * *9 ENROLLEDHB NO. 916
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C.(1) The Office of Coastal Protection and Restoration Authority may1
develop and implement a plan for the trail which shall at a minimum meet the2
objectives in 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, and7
shall exercise the powers and duties hereinafter set forth or otherwise provided by8
law. The provisions of R.S. 44:5(A) shall not be applicable to any activities or9
records of or pertaining to the authority.10
B. The Coastal Protection and Restoration Authority Board shall consist of11
the following members:12
* * *13
(15) Any member of the authority board who represents a political14
subdivision shall recuse himself from deliberations and from voting on any matter15
concerning the taking of action against that political subdivision for lack of16
compliance with the plan.17
C. The executive assistant shall serve as chairman and shall develop18
procedures for the operation of the authority board.19
§214.5.2. Functions and responsibilities; Coastal Protection and Restoration20
Authority Board21
A. The authority board shall:22
* * *23
(5) Be authorized to delegate any of its powers, duties, and functions to the24
chairman of the authority board, to the executive director of the Office of Coastal25
Protection and Restoration Authority, or to state agencies, political subdivisions,26
including flood protection authorities, or levee districts.27
* * *28
(11) Have the power to enter into any agreement with a parish governing29
authority located wholly or partially within the coastal area but which is not part of30 ENROLLEDHB NO. 916
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a levee district for the construction, operation, maintenance, repair, rehabilitation, or1
replacement of any coastal protection, conservation and restoration, hurricane2
protection, infrastructure, storm damage reduction, integrated coastal protection, or3
flood control project. The authority board shall have the power to provide in the4
agreement for the use and exercise by the parish governing authority of any and all5
powers of levee districts or levee and drainage districts.6
B. The authority board may:7
(1) Accept and use, in accordance with law, gifts, grants, bequests,8
endowments, or funds from any public or private source for purposes consistent with9
responsibilities and functions of the authority board and take such actions as are10
necessary to comply with any conditions required for such acceptance.11
* * *12
(3) Take such other actions not inconsistent with law as are necessary to13
perform properly the functions of the authority board.14
* * *15
(5) Delegate signing authority for contracts to the chairman of the authority16
board, the executive director of the Office of Coastal Protection and Restoration17
Authority, or an authorized designee of either. Such designation by the chairman or18
the executive director shall be by authentic act.19
C. Approval by the authority board shall be required for any request by a20
state agency or department for any funds to finance research, programs, mitigation,21
or projects involving integrated coastal protection, including hurricane protection or22
the conservation and restoration of coastal wetlands resources; however, this23
Subsection shall not affect self-generated or dedicated funds.24
D. No state agency or entity shall enter into a contract with the United States25
Army Corps of Engineers which would require the state to assume liability for or26
provide the cost of operations and maintenance for a hurricane protection project27
unless the contract provides for independent third-party review and evaluation in28
accordance with the best available science and technical capabilities to confirm the29
project's anticipated level of protection against hurricane flooding prior to the state30 ENROLLEDHB NO. 916
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or political subdivision assuming liability and operations and maintenance1
obligations. The independent third-party reviewer and evaluator provided for in the2
contract shall be approved by both the United States Army Corps of Engineers and3
the nonfederal sponsor. However, the provisions of this Subsection shall not apply4
to contracts for routine maintenance or other minor construction or repairs, or in5
cases where there is imminent threat to life or property, or when the chairman of the6
Coastal Protection and Restoration Authority Board, with the approval of the Coastal7
Protection and Restoration Authority board, determines that an emergency exists8
whereby compliance with the provisions of this Subsection would create an9
unreasonable hardship.10
E. Notwithstanding any other provision of law to the contrary, the11
Department of Wildlife and Fisheries may enter into a cooperative endeavor12
agreement with the authority, board, or a levee district to allow the use of the13
department's personnel, equipment or lands owned or leased by the state to satisfy14
wetland mitigation requirements imposed upon the authority or levee district by15
federal, state, or local law.16
F. Notwithstanding Upon the approval by the board, and notwithstanding any17
law to the contrary, upon approval by the authority, the authority, the state, or any18
political subdivision thereof, may use its own employees or equipment for satisfying19
any mitigation requirements resulting from or related to an integrated coastal20
protection project.21
§214.5.3. Coastal protection annual plans; development; priorities22
A.(1) The authority board shall, in accordance with the procedures set forth23
herein, develop a master plan for integrated coastal protection and an annual plan for24
integrated coastal protection for protecting, conserving, enhancing, and restoring the25
coastal area through the construction and management of integrated coastal26
protection projects and programs, including privately funded marsh management27
projects or plans, and addressing those activities requiring a coastal use permit which28
significantly affect such projects, all consistent with the legislative intent as29
expressed in R.S. 49:214.1, and which plan shall be subject to the approval of the30 ENROLLEDHB NO. 916
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legislature as provided in Subsection B of this Section and Subsection E of this1
Section. In addition, the authority board, in accordance with the procedures set forth2
herein including legislative approval, shall review, revise, and amend the master plan3
when necessary or, at a minimum, every five years.4
* * *5
B. The authority board shall develop the master and annual plans in6
accordance with the following procedure:7
(1) The authority board shall conduct not less than three public hearings in8
separate locations in the western, central, and eastern areas of the coastal area for the9
purpose of receiving comments and recommendations from the public and elected10
officials. All public hearings must be held at least sixty days prior to the submission11
of the plans to the legislature.12
(2) At least two weeks prior to each public hearing the authority board shall13
contact the parish governing authorities, regional flood protection authorities, levee14
districts, and the state legislators of the parishes in the coastal area for the purpose15
of soliciting their comments and recommendations and notifying them of the public16
hearing to be held in their area.17
(3) Ten days prior to the first such public hearing the authority board shall18
publish in the state register and the official state journal the schedule of public19
hearings setting out the location, place, and time of all the hearings.20
(4) At least seven days prior to each hearing the authority board shall publish21
a notice of the hearing in the official journal of each parish within the area of the22
hearing. The notice of a hearing shall have been published in the official journal of23
each parish in the coastal area prior to the final scheduled public hearing. The24
authority board may provide for additional public hearings when necessary upon at25
least three days notice published in the official journal of the parishes in the area of26
the hearing and written notice to the parish governing authorities.27
(5) The authority board shall receive written comments and28
recommendations until thirty days prior to the submission of the master and annual29
plans to the legislative committees.30 ENROLLEDHB NO. 916
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* * *1 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 be6
submitted to the House Committee on Natural Resources and Environment and the7
Senate Committee on Natural Resources and the House Committee on8
Transportation, Highways and Public Works and the Senate Committee on9
Transportation, Highways and Public Works for approval. In addition, the annual10
plan shall be submitted to the House Committee on Natural Resources and11
Environment and the Senate Committee on Natural Resources and the House12
Committee on Transportation, Highways and Public Works and the Senate13
Committee on Transportation, Highways and Public Works on or before the fifteenth14
day of the regular legislative session of each year. The committees shall take action15
on the annual plan on or before June first of each calendar year.16
* * *17
(4) If the legislature approves the master plan, or if the legislature fails to18
take action on the master plan within sixty days after the plan is submitted, the19
authority board shall implement provide for implementation of the plan as submitted.20
If the legislature approves the annual plan, or if the legislature fails to disapprove the21
annual plan by July first, the authority board shall implement provide for22
implementation of the plan as submitted. The projects and programs provided for23
in the annual plan shall be undertaken in conformity with the order of priority as24
contained in the annual plan.25
(5) At any time subsequent to the adoption or implementation of a plan in26
accordance with the procedure set forth herein, the authority board may amend or27
supplement the plan to add or delete projects and programs. No project shall be28
added or deleted unless and until the amendment to the plan is approved as provided29 ENROLLEDHB NO. 916
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herein. Any such amendment to the plan submitted to the legislature shall conform1
to the requirements specified in Subsections B and D of this Section.2 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.4
The money in the fund may be used only for those projects and programs which are5
consistent with the statement of intent, R.S. 49:214.1, and the annual plan as it6
pertains to the integrated coastal protection and may include but not be limited to the7
following 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, and12
Conservation, 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 the16
authority board, shall counsel and advise the authority, and shall represent the17
authority board in 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 and21
shall be a body corporate with the power to sue and be sued. The domicile of the22
office shall be in Baton Rouge. The authority shall:23
(1) The Office of Coastal Protection and Restoration has Have all of the24
rights, powers, and immunities incident to corporations. It may acquire, own,25
administer, alienate, and otherwise dispose of all kinds of property, movable and26
immovable, tangible and intangible corporeal and incorporeal; contract; adopt, alter,27
or destroy an official seal; sue and be sued, implead, and be impleaded. Except as28
otherwise expressly provided by this Chapter, the office authority may perform every29 ENROLLEDHB NO. 916
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act necessary, convenient, or incidental to the exercise of its power and authority, the1
discharge of its duties, or the performance of its functions.2
(2) The office shall be Be the implementation and enforcement arm of the3
Coastal Protection and Restoration Authority Board. The office authority shall be4
directed by the policy set by the Coastal Protection and Restoration Authority Board5
as enumerated in R.S. 49:214.1.6
(3) The office, through Through its offices and officers, shall be responsible7
for the implementation and enforcement of the master plan and annual plan. This8
office The authority shall implement the integration of hurricane protection, storm9
damage reduction, flood control, infrastructure, and coastal protection and10
restoration efforts in 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 be12
applicable in regard to any activities or records of or pertaining to the office13
authority.14
B. Executive director and deputy director of the Office of Coastal Protection15
and Restoration Authority.16
(1) There shall be an executive director of the Office of Coastal Protection17
and Restoration Authority. He shall report to the Coastal Protection and Restoration18
Authority Board for all matters within the jurisdiction and purview of the Coastal19
Protection and Restoration Authority board, and shall work in conjunction with the20
executive assistant.21
(2) The executive director shall be appointed by the governor and shall serve22
at the pleasure of the governor.23
(3) The executive director, or his designee shall have authority, subject to the24
budgetary constraints of the funding provided in R.S. 49:214.5.4, and in accordance25
with applicable rules and regulations of the civil service commission to employ,26
appoint, transfer, assign, terminate, and promote such personnel as is necessary for27
the efficient administration of the Office of Coastal Protection and Restoration28
Authority.29 ENROLLEDHB NO. 916
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(4) The executive director, or his designee, shall approve all plans,1
specifications, and estimates for the construction of all projects for which the office2
authority is responsible. He also shall have such other duties as may be assigned to3
him by the Coastal Protection and Restoration Authority Board, by the provisions of4
this Chapter, or by the laws of this state. He shall report the proceedings of his office5
annually to the Coastal Protection and Restoration Authority Board and at such other6
times as the Coastal Protection and Restoration Authority board may designate, and7
he shall make any additional reports as are required by the Coastal Protection and8
Restoration Authority board.9
(5) The executive director, or in his discretion a subordinate or subordinates,10
shall administer the programs, projects, and activities approved and funded for11
funding by the Coastal Protection and Restoration Authority Board relating to and12
affecting integrated coastal protection, including conservation, restoration, creation,13
and enhancement of coastal wetlands, hurricane protection and flood control in14
Louisiana as provided by law and as provided in the master and annual plans, and15
other special programs as may be directed by the Coastal Protection and Restoration16
Authority board, except those relative to coastal zone management as provided in17
R.S. 49:214.21, et seq.18
(6) The executive director shall report annually to the legislature as to the19
progress of the projects and programs enumerated in the master plan or annual plans20
or any component thereof. For each project or program, estimated construction and21
maintenance costs, progress reports, and estimated completion timetables shall be22
provided.23
(7) The executive director is granted full power and authority to delegate,24
assign, or appoint in his discretion any subordinate to perform any function or duties25
required by law to be performed by the office authority, except as specifically26
provided in this Title. This grant of power and authority shall be liberally construed27
to effectuate the purposes of this Chapter.28 ENROLLEDHB NO. 916
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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 the29
annual plan. An emergency for which such fund shall be used shall be defined by30 ENROLLEDHB NO. 916
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the authority Coastal Protection and Restoration Authority Board and all funds shall1
be spent only in accord with procedures established by the authority board for such2
fund. All projects undertaken pursuant to the provisions of this Chapter shall be3
either funded through the Coastal Protection and Restoration Fund or other sources4
of 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 ENROLLEDHB NO. 916
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C. The office authority shall:1
(1) Receive all monies appropriated from the Coastal Protection and2
Restoration Fund to the Office of Coastal Protection and Restoration Authority for3
implementation of all programs and projects contained in an annual plan developed4
by the Coastal Protection and Restoration Authority Board and approved by the5
legislature, except that the Department of Natural Resources, office of coastal6
management, shall receive any funds allocated in the annual plan for the coastal zone7
management program.8
(2) Have oversight over the administration of all matters related to the study,9
planning, engineering, design, construction, extension, improvement, repair, and10
regulation of integrated coastal protection.11
(3) Take such other actions not inconsistent with law as are necessary to12
perform the functions of the office authority.13
(4) Utilize the services of the Department of Natural Resources, office of14
management and finance, for accounting and budgetary control, procurement and15
contractual management, data processing, management and program analysis,16
personnel management and grants management, provided that the secretary of the17
Department of Natural Resources shall exercise no authority over the provision of18
these services.19
D. The office authority may:20
(1) Negotiate and execute contracts, upon such terms as the office authority21
may agree, for legal, financial, consulting, or other professional services or personal22
services necessary to the conduct of the office authority. In addition, the office23
authority may enter into contracts for engineering and construction services or24
agreements with the federal government, local governing authorities, political25
subdivisions, or with other public or private entities for the administration,26
implementation, or enforcement of integrated coastal protection projects, programs,27
or activities as directed by the Coastal Protection and Restoration Authority Board.28
* * *29 ENROLLEDHB NO. 916
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are additions.
E.(1) The office shall utilize the science and technology capacity of1
Louisiana universities through assisting in the formation of a coastal science2
consortium to enhance integrated coastal protection programs, projects, and activities3
for the following purposes:4
(a) To identify any uncertainty relating to the physical, chemical, geological,5
biological, and cultural baseline conditions in the coastal area.6
(b) To improve the knowledge of the physical, chemical, ecological,7
biological, and cultural baseline conditions in the coastal area.8
(c) To identify and develop technologies, models, methods, and9
demonstrations to carry out the purposes of this Subsection.10
(d) To advance and expedite the implementation of the master plan. The11
board or the authority shall be authorized to solely utilize the science and technology12
capacity of Louisiana universities and the water institute to enhance integrated13
coastal protection programs, projects, and activities for the following purposes:14
(a) To identify any uncertainty related to the physical, chemical, geological,15
biological, or cultural baseline conditions in the coastal area.16
(b) To improve the knowledge of the physical, chemical, geological,17
biological, or cultural baseline conditions in the coastal area.18
(c) To identify and develop technologies, models, methods, and19
demonstrations to carry out the purposes of this Subsection.20
(2) The consortium shall be composed of public or private universities from21
within or without the state; federal, state, or local government and entities; private22
entities; research institutes; and shall be coordinated by a council composed of23
members as follows:24
(a) The chair of the Coastal Protection and Restoration Authority or his25
designee, to be a nonvoting member.26
(b) A representative of Louisiana State University and Agricultural and27
Mechanical College appointed by the chancellor.28
(c) A representative of Tulane University appointed by the president.29 ENROLLEDHB NO. 916
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(d) A representative of the University of Louisiana at Lafayette appointed1
by the president.2
(e) A representative of the University of New Orleans appointed by the3
chancellor.4
(f) A representative of Nicholls State University appointed by the president.5
(g) A representative of McNeese State University appointed by the president.6
(h) Two representatives of the public and private colleges within the state of7
Louisiana, or from outside the state, to be appointed on a rotating basis in a manner8
established in the bylaws of the consortium.9
(i) Seven members appointed in a manner established in the bylaws of the10
consortium.11
(3) Terms of service on the council, methods of appointment for certain seats12
on the council, membership guidelines, election of officers, and other administrative13
functions of the council and the consortium shall be established in the bylaws of the14
consortium.15
(4) In carrying out the provisions of this Subsection, the office Coastal16
Protection and Restoration Authority Board or the Coastal Protection and Restoration17
Authority may enter into contracts and cooperative agreements with Louisiana18
universities or with the consortium the water institute as authorized in this19
Subsection to enhance integrated coastal protection programs, projects, and20
activities.21
(3) For the purposes of this Subsection, the water institute shall mean The22
Water Institute of the Gulf, a 501(c)(3) nonprofit entity, incorporated on March 25,23
2011, or its successors.24
* * *25
§214.6.3. Functions and responsibilities; hurricane protection and flood control26
A. Legislative intent27
* * *28
(4) This Section provides for the functions, powers, and responsibilities of29
the Office of Coastal Protection and Restoration Authority, which office authority30 ENROLLEDHB NO. 916
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is charged with oversight of the design, construction, extension, improvement, repair,1
and regulation of hurricane protection and flood control projects in the coastal area.2
The Section also provides for the integration of the state's hurricane protection and3
flood control efforts with coastal restoration efforts through the Coastal Protection4
and Restoration Authority Board.5
B. Coastal Protection and Restoration Authority duties and responsibilities6
regarding hurricane protection and flood control:7
(1) The office authority shall have oversight of the administration of all8
matters related to the studying, planning, engineering, design, construction,9
extension, improvement, repair, and regulation of a hurricane protection and flood10
control system, including but not limited to the construction and design of a11
hurricane protection and flood control system consisting of levees and associated12
elements to provide protection against tidal surges within the coastal area.13
(2) The inspection of hurricane protection and flood control levees and14
structures within the coastal area shall be the responsibility of the Office of Coastal15
Protection and Restoration Authority. The executive director or his designee shall16
regularly cause such structures to be inspected and shall maintain a report of such17
inspections. The office authority shall establish and implement a comprehensive18
hurricane and flood control protection inspection program. Such program shall19
include the following:20
(a) Reviewing of hurricane protection and flood control diagrams, designs,21
and plans.22
(b) Monitoring of defects and problems.23
(c) Conducting of an inspection of every hurricane protection and flood24
control barrier and associated elements at least every five years, or after a hurricane25
impacts a hurricane protection and flood control barrier and associated elements. If26
a defect or problem is identified, then the authority shall measure and test elevations,27
soil conditions, and structural integrity of the hurricane protection and flood control28
barrier and associated elements.29 ENROLLEDHB NO. 916
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(d) The office authority shall report a notice of defect in the hurricane1
protection and flood control within thirty days of the inspection results to the2
appropriate entity or political subdivision. The notice shall contain a description of3
the defect. The notice of defect shall be mailed by certified mail or return receipt4
requested. The appropriate entity, or political subdivision, shall have forty-five days5
from receipt of the notice of defect to provide the office authority with a plan and6
timeline time line to remedy the defect.7
(3) The exercise of any authority with respect to hurricane protection and8
flood control by a political subdivision within the coastal area is subject to the9
oversight and approval of the office authority in accordance with rules and10
regulations adopted by the office authority.11
(4) No state agency or entity shall enter into a contract with the United States12
Army Corps of Engineers which would require the state to assume liability for or13
provide the cost of operations and maintenance for a hurricane protection project14
unless the contract provides for independent third-party review and evaluation in15
accordance with the best available science and technical capabilities to confirm the16
project's anticipated level of protection against hurricane flooding prior to the state17
or political subdivision assuming liability and operations and maintenance18
obligations. The independent third-party reviewer and evaluator provided for in the19
contract shall be approved by both the United States Army Corps of Engineers and20
the state agency or entity. However, the provisions of this Subsection shall not apply21
to contracts for routine maintenance or other minor construction or repairs, or in22
cases where there is imminent threat to life or property, or when the chairman of the23
Coastal Protection and Restoration Authority Board, with the approval of the Coastal24
Protection and Restoration Authority board, determines that an emergency exists25
whereby compliance with the provisions of this Subsection would create an26
unreasonable hardship.27
(5) No funds of the state nor of any political subdivision or political28
corporation of the state shall be used nor provided to the United States or any of its29
agencies, by contract, agreement, a required contribution of a project cost-share or30 ENROLLEDHB NO. 916
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otherwise, for the expropriation of property for the purpose of compensatory1
mitigation of wetlands or other natural habitat, as authorized or required by state or2
federal law, to offset, compensate, or replace actual or anticipated damages to or loss3
of wetlands or other natural habitat caused by the Comite River Diversion Project,4
Amite River and Tributaries, Louisiana. However, the provisions of this Section5
shall not apply where such funds are to be used to obtain property voluntarily offered6
for compensatory mitigation purposes, including but not limited to mitigation7
banking, property where at least seventy-five percent of the owners have voluntarily8
offered the property, or property where the record or apparent owner has voluntarily9
offered the property but does not have clear title. Subject to any contrary law or10
terms, conditions, or stipulations in the act of sale, donation, contract or other11
agreement by which the property was acquired, current property interests or future12
property interests acquired for the Comite River Diversion Canal Project or13
associated acquisitions may be leased only in accordance with the provisions of14
Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 and additionally,15
such opportunity to lease shall first be offered to the original grantor, donor, vendor,16
or his successors in title for the same terms, conditions, and price as the highest17
successful bidder.18
* * *19
§214.6.6. Infrastructure priority program; applications; evaluations20
A. Applications for funding of any infrastructure project may be submitted21
by any political subdivision of the state. For any infrastructure projects, applications22
shall be made to the Coastal Protection and Restoration Authority Board by23
November first of each year for consideration of funding in the following fiscal year.24
Applications submitted in accordance with the provisions of this Section shall not25
be subject to the provisions of R.S. 39:101. Agencies submitting applications for26
projects in this program shall be responsible for preparation of applications for their27
respective projects. Information to be provided in the application shall include but28
not be limited to the following:29
* * *30 ENROLLEDHB NO. 916
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C. The applications submitted by agencies shall be evaluated by the Coastal1
Protection and Restoration Authority Board which shall hold no less than three2
public hearings in separate locations within the coastal area for the purpose of3
receiving public testimony and comment from requesting authorities and citizens4
regarding the proposed infrastructure projects. Such hearings may be held at the5
same time and location as hearings set for public comment on the annual plan. The6
office authority shall prioritize and rank such applications. The office authority shall7
provide its application evaluations to the authority Coastal Protection and8
Restoration Authority Board.9
D. Based upon the evaluations of the office authority, the authority board10
may compile a list of infrastructure projects to be formally included in the annual11
plan.12
§214.6.7. Barrier islands, shoreline stabilization, and preservation13
A. The executive director of the Office of Coastal Protection and Restoration14
Authority shall establish a barrier islands and shorelines stabilization and15
preservation program. As part of the barrier islands and shorelines program, the16
office authority shall require that all projects subject to public bid include17
appropriate dredges for use to stabilize and preserve barrier islands and shorelines.18
In addition, the office authority shall require that all barrier island stabilization and19
preservation projects mandate a minimum dune height of eight feet with vegetation20
where appropriate.21
B. By September first each year, the governing authority of each parish22
which has barrier islands and shorelines shall submit to the office authority and the23
Coastal Protection and Restoration Authority Board a list of barrier islands and24
shorelines stabilization and preservation projects requested for that parish. The25
office authority shall review the projects submitted and by December first of each26
year shall issue a list which prioritizes those requests.27
* * *28
E.29
* * *30 ENROLLEDHB NO. 916
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(3) Monies appropriated from the fund shall be used exclusively by the1
Office of Coastal Protection and Restoration Authority to support the barrier island2
stabilization and preservation program.3
F. The Office of Coastal Protection and Restoration Authority shall annually4
submit a barrier island status report to the legislature. The report shall indicate the5
condition of all barrier islands, provide the status of all barrier island stabilization6
and preservation projects under construction, and shall outline future plans for7
restoration and maintenance of the barrier islands and coastal passes. The annual8
report shall be submitted to each member of the legislature during the regular session9
of the legislature.10
* * *11
§214.6.9. Authority for integrated coastal protection surveying12
The Office of Coastal Protection and Restoration Authority and its authorized13
agents, contractors, or and employees shall also have the power to enter upon any14
lands, waters, and premises in the state for the purpose of making such surveys,15
soundings, drillings, and examinations as may be necessary or convenient for16
carrying out the purposes of integrated coastal protection, which entry shall not be17
deemed a civil or criminal trespass nor a temporary construction servitude, nor shall18
it be deemed an entry under any eminent domain proceedings which may be then19
pending, provided that prior written notice of five days to resident owners and fifteen20
days to nonresident owners be given to the last record property owner as reflected21
in the parish assessment rolls. Written notice shall consist of mailing the notice by22
certified mail to the last known address of the owner as shown in the current23
assessment records. The Office of Coastal Protection and Restoration Authority24
shall indemnify the property owner for any loss or injury resultant from entry upon25
the property and shall make reimbursement for any actual damages resulting to26
lands, waters, and premises as a result of these activities.27
* * *28
§214.61. Office of Coastal Protection and Restoration Authority; acquisition of29
property prior to judgment; definitions30 ENROLLEDHB NO. 916
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are additions.
A. When the Office of Coastal Protection and Restoration Authority cannot1
amicably acquire property in the coastal zone needed for barrier island preservation,2
restoration, or creation for coastal wetlands purposes, it may acquire the same by3
expropriation and may acquire the property prior to judgment in the trial court as4
provided in this Part.5
* * *6
D. As used in this Part:7
* * *8
(2) "Department" means the state Department of Natural Resources Coastal9
Protection and Restoration Authority or its successor.10
* * *11
Section 4. R.S. 56:421(B)(13) and (E)(4), 424(H), 432.1(A), (B), (C)(introductory12
paragraph) and (1), and (D)(1), and 432.2 are hereby amended and reenacted as follows:13 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 of5
Coastal 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 oyster10
industry and oyster production to the various state agencies charged with11
responsibility for differing elements of the oyster industry in this state, including the12
Department of Wildlife and Fisheries, the Department of Natural Resources, and the13
Office of Coastal Protection and Restoration Authority Board, the Coastal Protection14
and Restoration Authority, the Department of Health and Hospitals, the governor's15
executive assistant for coastal activities, and the legislature.16
* * *17
§424. Taking of oysters18
* * *19
H. Notwithstanding the provisions of this Section, employees or assigns of20
the Office of Coastal Protection and Restoration Authority may survey or remove,21
as a 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 such23
surveys or take such samples, the employees or assigns of the Office of Coastal24
Protection and Restoration Authority shall first notify the leaseholder in writing of25
the date and time of the survey or sample at least fifteen days prior to the survey or26
sampling date. This notification shall be sent by certified mail to the leaseholder at27
the address on file with the Department of Wildlife and Fisheries. The leaseholder28
may accompany the person conducting the survey or taking the sample during the29
survey or sampling or may authorize another person to accompany the person30 ENROLLEDHB NO. 916
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conducting the survey or taking the sample. Such surveys shall be conducted in the1
manner provided in procedures promulgated by the Office of Coastal Protection and2
Restoration Authority after consideration of recommendations by the Louisiana3
Oyster 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 Louisiana8
coastal restoration program provided for in R.S. 49:214.1 et seq. Therefore, the9
Office of Coastal Protection and Restoration Authority shall develop a program,10
subject to the requirements and conditions of this Section, for the acquisition of and11
compensation for oyster leases or portions of oyster leases upon which occurs or will12
occur dredging, direct placement of dredged or other materials, or other work or13
activities necessary for the construction or maintenance of a project for integrated14
coastal protection.15
B. The state of Louisiana, through the Office of Coastal Protection and16
Restoration Authority, may acquire any oyster lease, in whole or in part, due to the17
impact of 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
(1) Acquisition shall be implemented by a notice of acquisition issued to the21
leaseholder. Such notice shall specify the acreage acquired and the effective date of22
the acquisition. A plat or map depicting the acreage acquired shall be attached to the23
notice. The notice and acquisition shall be subject to the following:24
(a) The Office of Coastal Protection and Restoration Authority shall issue25
any such notice in writing to the leaseholder at his address on file with the26
Department of Wildlife and Fisheries on the date of issuance, by hand delivery or27
certified mail, return receipt requested. If the Office of Coastal Protection and28
Restoration Authority attempts such issuance at least once and is unable to deliver29
the notice to the leaseholder, the Office of Coastal Protection and Restoration30 ENROLLEDHB NO. 916
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are additions.
Authority shall reissue the notice to the lessee at his address on file with the1
Department of Wildlife and Fisheries on the date of the re-issuance, by regular mail,2
and shall publish in the official journal for each parish in which the acquired acreage3
is located a summary of the notice including identification of the affected acreage,4
the effective date of the acquisition, and a contact person at the Office of Coastal5
Protection and Restoration Authority for all inquiries regarding the acquisition. The6
notice of acquisition may be recorded in the public records of any parish in which7
the acquired acreage is located.8
(b) The acquisition shall be effective on the date specified in the notice of9
acquisition regardless of whether the lessee actually receives the notice of10
acquisition. Upon the effective date of the acquisition, possession of the affected11
acreage shall revert to the state, free and clear of any lease or other obligation or12
encumbrance.13
(c) Lease payments as otherwise required by R.S. 56:428 or 429 shall no14
longer be payable for the acquired acreage for the calendar year after the date on15
which the notice of acquisition was issued.16
(d) Upon acquisition of a portion of leased acreage, the lease shall continue17
in full force and effect as to the remaining acreage under the lease.18
(2) The Office of Coastal Protection and Restoration Authority shall19
determine the compensation for any acquisition pursuant to this Section in20
accordance with rules or regulations adopted by that department after consideration21
of recommendations by the Louisiana Oyster Task Force, subject to the following:22
(a) The Office of Coastal Protection and Restoration Authority shall issue23
its determination of compensation to the leaseholder together with the notice of24
acquisition and by the same procedure provided for issuance of such notice.25
(b) The Office of Coastal Protection and Restoration Authority shall consider26
any reasonably confirmable data or information provided by the leaseholder or any27
other person in making its determination of compensation, provided that the data or28
information is submitted in compliance with rules or regulations promulgated by that29
department prior to the date of initial issuance of the determination of compensation.30 ENROLLEDHB NO. 916
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are additions.
Such rules or regulations shall provide the leaseholder at least sixty days in which1
to submit such data or information before the initial issuance of the determination of2
compensation.3
(3) The Office of Coastal Protection and Restoration Authority shall issue4
payment to the leaseholder in the full amount of its determination of compensation,5
except for and less any amount due on recorded liens and encumbrances to be paid6
out of said proceeds, together with the notice of acquisition, and by the same7
procedure provided for issuance of such notice. Acceptance of such payment shall8
not preclude any claim for additional compensation, as provided in this Section. If9
the Office of Coastal Protection and Restoration Authority is unable to contact the10
leaseholder by the procedure provided in Subparagraph (B)(1)(a) of this Section11
(1)(a) of this Subsection, that department shall transfer funds in the amount of the12
determined compensation except for and less any amount due on recorded liens and13
encumbrances to be paid out of said proceeds, to a trust account, instead of attaching14
such payment to the reissued notice. Upon request of the leaseholder listed with the15
Department of Wildlife and Fisheries on the date notice of acquisition is initially16
issued, any such compensation may be withdrawn from the trust account for the17
benefit of the leaseholder. Any funds placed in a trust account that remain18
unclaimed after a period of five years shall be declared to be abandoned and may be19
disposed of pursuant to the Uniform Unclaimed Property Act, R.S. 9:151 et seq.20
Any amount due on a recorded lien or encumbrance shall be paid directly to the21
holder thereof, with a copy of all documentation of such payment issued to the22
leaseholder. If the Office of Coastal Protection and Restoration Authority is unable23
to contact the holder of the lien or encumbrance, that department shall transfer funds24
in the amount of the lien or encumbrance to a trust account, from which it may be25
withdrawn for the benefit of the lien or encumbrance holder.26
(4) To the extent that the Office of Coastal Protection and Restoration27
Authority acquires any lease or portion thereof under this Section in relation to any28
project or action for integrated coastal protection performed by any department,29
agency, board, commission, or political subdivision of the state other than the Office30 ENROLLEDHB NO. 916
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are additions.
of Coastal Protection and Restoration Authority, such department, agency, board,1
commission, or political subdivision shall compensate the Office of Coastal2
Protection and Restoration Authority for all costs incurred by the department which3
are associated with the acquisition. However, the executive director of the Office of4
Coastal Protection and Restoration Authority may waive this requirement.5
C. A leaseholder whose lease is acquired in whole or in part may seek an6
administrative hearing through the Office of Coastal Protection and Restoration7
Authority as to whether the acquisition due to the impact of dredging, direct8
placement of dredged or other materials, or other work or activities necessary for the9
construction or maintenance of a project for integrated coastal protection is proper10
or whether the compensation issued by the Office of Coastal Protection and11
Restoration Authority satisfies the rules or regulations of that department. A12
leaseholder whose lease is not acquired but which was impacted by dredging, direct13
placement of dredged or other materials, or other work or activities necessary for the14
construction or maintenance of a project for integrated coastal protection has15
occurred, may also seek an administrative hearing through the Office of Coastal16
Protection and Restoration Authority to determine if acquisition of such acreage17
would be proper. Adjudication under this Section shall be conducted in accordance18
with the following:19
(1) Adjudication under this Section must be requested in writing and20
received by the Office of Coastal Protection and Restoration Authority within sixty21
days after issuance of the notice of acquisition, determination of compensation, or22
payment as provided in Subsection B of this Section. However, adjudication of the23
amount of the compensation must be requested in writing and received by the Office24
of Coastal Protection and Restoration Authority within two years after completion25
of the project for which the lease or portion of the lease was acquired, if the26
leaseholder establishes that notice of the acquisition, determination of compensation,27
or payment was not issued as required in this Section. Adjudication of the lack of28
acquisition of leased acreage upon which dredging, direct placement of dredged or29
other materials, or other work or activities necessary for the construction or30 ENROLLEDHB NO. 916
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are additions.
maintenance of a project for integrated coastal protection has occurred must be1
requested in writing and received by the Office of Coastal Protection and Restoration2
Authority within two years after completion of the project.3
* * *4
D. A leaseholder may seek in accordance with the following, judicial review5
of the final decision of the administrative law judge based solely on the6
administrative record and, except as otherwise provided in this Section, in7
accordance with the provisions of Chapter 13-B of Title 49 of the Louisiana Revised8
Statutes of 1950.9
(1) Any petition for judicial review pursuant to this Subsection must be filed10
with the Nineteenth Judicial District Court within sixty days after issuance of the11
final decision of the administrative law judge. No petition for judicial review may12
be filed, and any such petition is premature, unless adjudication has been timely13
sought and all administrative remedies have been exhausted. The petition shall be14
served upon the executive director of the Office of Coastal Protection and15
Restoration Authority and all parties of record.16
* * *17
§432.2. Annual reporting of coastal protection, conservation, and restoration project18
status19
Once per year, in coordination with the Louisiana Oyster Task Force, the20
Office of Coastal Protection and Restoration Authority shall provide information to21
the Oyster Task Force regarding the nature, location, and status of current or planned22
projects for integrated coastal protection to the extent practical.23
Section 5. R.S. 49:214.3.1(A)(4) and 214.6.8 are hereby repealed in their entirety.24
Section 6. The Coastal Protection and Restoration Authority Board and the Coastal25
Protection and Restoration Authority are hereby assigned and subsume all of the duties and26
responsibilities previously exercised by any other state agency, including but not limited to27
the Office of Coastal Protection and Restoration, the Department of Natural Resources, the28
Department of Transportation and Development, office of public works, and the Department29
of Wildlife and Fisheries with regard to previously executed agreements and contracts, the30 ENROLLEDHB NO. 916
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are additions.
purposes of which are under the duties, jurisdiction, responsibilities, and powers granted to1
the Coastal Protection and Restoration Authority Board or the Coastal Protection and2
Restoration Authority. The Coastal Protection and Restoration Authority Board or the3
Coastal Protection and Restoration Authority is hereby given the power to execute, sign,4
modify, amend, and renew any such agreement on its own behalf or on behalf of the state5
of Louisiana.6
Section 7. All unfinished business, references in laws and documents, employees,7
property, obligations, and books and records of the prior plans, projects, policies, and8
programs assumed by this Act into the Coastal Protection and Restoration Authority Board9
or the Coastal Protection and Restoration Authority shall be transferred as provided in this10
Section. Any pending or unfinished business of the prior plans, projects, policies, and11
programs shall be taken over and be completed by the authority or by the Coastal Protection12
and Restoration Authority Board with the same power and authorization as that of prior13
plans, projects, policies, and programs and the authority or the board shall be the successor14
in every way to the prior plans, projects, policies, and programs for the purpose of15
completing such business. Any reference in laws and documents to either of the prior plans,16
projects, policies, and programs shall be deemed to apply to the authority or the board. Any17
legal proceeding to which the prior plans, projects, policies, and programs are a party and18
which is filed, initiated, or pending before any court on the effective date of this Section, and19
all documents involved in or affected by said legal proceeding, shall retain their20
effectiveness and shall be continued in the name of the authority or the board. All further21
legal proceedings and documents in the continuation, disposition, and enforcement of such22
legal proceeding shall be in the name of the authority or the board, and the authority or the23
board shall be substituted for the prior plans, projects, policies, and programs without24
necessity for amendment of any document. This Act shall not be construed so as to impair25
the effectiveness of any rule or policy of either of the prior plans, projects, policies, and26
programs and any such rule or policy shall remain effective as provided therein or until27
changed in accordance with law. This Act shall not be construed so as to impair the28
contractual or other obligations of either of the prior plans, projects, policies, and programs29
or of the state of Louisiana. All obligations of the prior plans, projects, policies, and30 ENROLLEDHB NO. 916
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are additions.
programs shall be the obligations of the authority or the board. The authority or the board1
shall be the successor in every way to the prior plans, projects, policies, and programs,2
including all of their obligations and debts. All dedications and allocations of revenues and3
sources of revenues heretofore made to or for either of the prior plans, projects, policies, and4
programs shall continue in the same manner, to the same extent, and for the same purposes5
as were provided prior to the enactment of this Act, unless and until other provision is made6
therefor. All books, papers, records, money, actions, and other property of every kind,7
movable and immovable, real and personal, heretofore possessed, controlled, or used by8
either of the prior plans, projects, policies, and programs are hereby transferred to the new9
office or the authority. All employees heretofore engaged in the performance of duties of10
the prior plans, projects, policies, and programs, insofar as practicable and necessary, are11
transferred to the new office and insofar as practicable and necessary shall continue to12
perform the duties heretofore performed, subject to policies and procedures of the authority,13
applicable state civil service laws, rules, and regulations, and other applicable laws. Subject14
to such laws, positions in the unclassified service shall remain in the unclassified service.15
Section 8. If and when this Act is finally passed by the legislature and enacted into16
law, the Louisiana State Law Institute is hereby directed to correct references to the Coastal17
Protection and Restoration Authority and the Office of Coastal Protection and Restoration18
contained in any other act of the 2012 Regular Session so that those references are in19
compliance with intentions of the provisions of this Act.20
Section 9. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 ENROLLEDHB NO. 916
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are additions.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: