HLS 19RS-883 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 315
BY REPRESENTATIVE GISCLAIR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COASTAL RESOURCES: Requires that agreements between an acquiring agency and a
landowner for integrated coastal protection projects ensure public recreational access
to waterways in the reclaimed lands
1 AN ACT
2To enact R.S. 41:1702(D)(2)(a)(ii)(gg), relative to reclamation of lands; to require that
3 agreements between an acquiring agency and a landowner for integrated coastal
4 protection projects ensure public recreational boating and fishing access to
5 waterways in the acquired land; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 41:1702(D)(2)(a)(ii)(gg) is hereby enacted to read as follows:
8 ยง1702. Reclamation of lands lost through erosion, compaction, subsidence, and sea
9 level rise; land acquisition for certain coastal projects; requirements
10 * * *
11 D. In all cases in which a definitive boundary may be arrived at by mutual
12 consent or through the procedures applicable to contested boundaries, the
13 administrator of the State Land Office, as provided in Paragraph (1) of this
14 Subsection, or the executive director of the Coastal Protection and Restoration
15 Authority, as provided in Paragraph (2) of this Subsection, may allow reclamation.
16 * * *
17 (2)(a)
18 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-883 ORIGINAL
HB NO. 315
1 (ii) When land is acquired from any person by an "acquiring authority" as
2 defined in R.S. 31:149, for the principal purpose of facilitating the development,
3 design, and implementation of integrated coastal protection projects, including
4 hurricane protection and flood control, by the state, its political subdivisions, or by
5 the state and federal government, the executive director of the Coastal Protection and
6 Restoration Authority, after consultation with other state agencies, including the
7 Department of Natural Resources and the State Land Office, may, in accordance with
8 rules and regulations adopted in accordance with the Administrative Procedure Act
9 by the Coastal Protection and Restoration Authority after consultation with other
10 state agencies, including the Department of Natural Resources and the State Land
11 Office, enter into an agreement under this Section with respect to the ownership of
12 minerals and other matters to the same extent as authorized under Item (i) of this
13 Paragraph. In addition, such agreement shall, at a minimum, specify:
14 * * *
15 (gg) That the public shall have access to waterways located in the acquired
16 land for navigation, boating, and recreational fishing.
17 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 315 Original 2019 Regular Session Gisclair
Abstract: Requires that agreements between an acquiring agency and a landowner for
integrated coastal protection projects ensure public recreational boating and
recreational fishing access to waterways in the acquired land.
Present law authorizes "acquiring authorities" to enter into agreements with respect to the
ownership of minerals and surface rights for purposes of integrated coastal restoration
projects.
Proposed law requires that the agreement contain a provision that ensures the public has
access to the waterways in the acquired land for navigation, boating, and recreational fishing.
(Adds R.S. 41:1702(D)(2)(a)(ii)(gg))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.