Because of the devastation of hurricanes Katrina and Rita, in December 2005, the Louisiana Legislature restructured the state's Wetland Conservation and Restoration Authority to form the Coastal Protection and Restoration Authority (CPRA). Act 8 of the First Extraordinary Session of 2005 expanded the membership, duties and responsibilities of the CPRA and charged the new Authority to develop and implement a comprehensive coastal protection plan, including both a master plan and annual plans.
A complete copy of the statute is contained below:
§213.1. Statement of intent; authority as local sponsor
A. Louisiana and its citizens have suffered catastrophic losses and human, economic, and social harm. For the benefit and protection of the state as a whole, its citizens, and its localities, hurricane protection is vital to survival. Hurricane protection and coastal restoration must be integrated to achieve a long-term solution of coastal protection. In addition to immediate needs for hurricane protection, coastal land loss in
Louisiana continues in catastrophic proportions. Wetlands loss threatens valuable fish and wildlife production and the viability of residential, agricultural, energy, and industrial development in coastal Louisiana.
B. In the past, efforts by the state to address the myriad, interrelated problems of coastal protection have been inadequate, fragmented, uncoordinated, and lacking in focus and strong direction. The state must have a single agency with authority to articulate a clear statement of priorities and to focus development and implementation of efforts to achieve comprehensive coastal protection. Without this authority, the safety of citizens, the viability of the state and local economies, and the long-term recovery from disasters such as Hurricanes Katrina and Rita remain in jeopardy.
C. The state must act to develop, implement, and enforce a comprehensive coastal protection plan. The state must act to ensure that the plan integrates hurricane protection and coastal restoration efforts in order to achieve long-term and comprehensive coastal protection. Comprehensive coastal protection must proceed in a manner that recognizes that the proper functioning of each protective element is critical to the overall success of the plan and that without such proper functioning the safety of the state and its citizens and the viability of the entire plan are threatened. Further, comprehensive coastal protection must further proceed in a manner that recognizes the powers and duties of political subdivisions, including flood protection authorities, and levee districts, to fund and manage local activities that are consistent with the goals of a comprehensive coastal protection plan. The state must act to conserve, restore, create, and enhance wetlands and barrier shorelines or reefs in coastal Louisiana while encouraging use of coastal resources and recognizing that it is in the public interest of the people of Louisiana to establish a responsible balance between development and conservation. Management of renewable coastal resources must proceed in a manner that is consistent with and complementary to the efforts to establish a proper balance between development and conservation.
D. It is the intention of the legislature that comprehensive coastal protection be elevated to a position within state government of high visibility and action and that hurricane protection and conservation and restoration of the coastal area be of high priority within that structure. To provide aggressive state leadership, direction, and consonance in the development and implementation of policies, plans, and programs to achieve comprehensive coastal protection, including the encouragement of multiple uses of the coastal zone and to achieve a proper balance between development and conservation, restoration, creation, and nourishment of renewable coastal resources, the legislature places responsibility for the direction and development of the state's comprehensive master coastal protection plan with the Coastal Protection and Restoration Authority within the office of the governor. Primary responsibility for carrying out the elements of the plan relative to coastal wetlands conservation and restoration is placed in the office of coastal restoration and management within the Department of Natural Resources. Primary responsibility for carrying out the elements of the plan relative to hurricane protection is placed with the office of public works, hurricane flood protection, and intermodal transportation within the Department of Transportation and Development.
In order to maximize the effectiveness of coastal protection efforts, the secretaries of the
Department of Natural Resources and the Department of Transportation and Development and the governor's executive assistant for coastal activities shall use an integrated team effort to jointly coordinate master plan development with federal agencies and political subdivisions, including levee districts.
E. Notwithstanding any other provision of state law and in accordance with the requirements of the Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act of 2006, the
Coastal Protection and Restoration Authority is established, authorized, and empowered to carry out any and all functions necessary to serve as the single entity responsible to act as the local sponsor for construction, operation and maintenance of all of the hurricane, storm damage reduction and flood control projects in areas under its jurisdiction, including the greater New Orleans and southeast Louisiana area.
Acts 1989 2nd Ex. Sess., No. 6, §§3 and 7, eff. July 14, 1989; Acts 2005, 1st Ex.
Sess., No. 8, §1, eff. Nov. 28, 2005; Acts 2006, 1st Ex. Sess., No. 1, §3, eff. Jan. 1, 2007;
Acts 2006, 1st Ex. Sess., No. 6, §3; Acts 2006, No. 66, §§1, 2, eff. May 25, 2006.
NOTE: See also Acts 2006, 1st Ex. Sess., No. 1, §8.
§213.2. Definitions
As used in this Part, the following terms shall have the meaning ascribed to them
below:
(1) "Annual plan" means the state coastal protection plan submitted annually to the legislature as provided in this Part including amendments to the plan.
(2) "Authority" means the Coastal Protection and Restoration Authority.
(3) "Coastal area" means the Louisiana Coastal Zone and contiguous areas subject to storm or tidal surge.
(4) "Coastal protection" means plans, projects, policies, and programs intended to provide hurricane protection or coastal conservation or restoration.
(5) "Conservation and restoration" means the conservation, protection, enhancement, and restoration of coastal wetlands resources including but not limited to coastal wetlands and barrier shorelines or reefs through the construction and management of coastal wetlands enhancement projects, including privately funded marsh management projects or plans, and those activities requiring a coastal use permit which significantly affect such projects or which significantly diminish the benefits of such projects or plans insofar as they are intended to conserve or enhance coastal wetlands consistent with the legislative intent as expressed in R.S. 49:213.1.
(6) "Executive assistant" means the special assistant to the governor for coordination of coastal activities.
(7) "Fund" means the Coastal Protection and Restoration Fund.
(8) "Hurricane protection" means a system of barriers and associated elements to provide protection against tidal surges.
(9) "Master plan" or "comprehensive master coastal protection plan" means the long-term comprehensive coastal protection plan combining hurricane protection and the protection, conservation, restoration, and enhancement of coastal wetlands and barrier shorelines or reefs, including amendments to the plan. It shall include but not be limited to state and political subdivision operations plans.
(10) "Program" means a management strategy with procedures, projects, schedules, operations, and related activities to achieve a stated goal or objective.
(11) "Project" means a physical structure or structures designed and constructed according to the annual plan.
Acts 1989 2nd Ex. Sess., No. 6, §3, eff. July 14, 1989; Acts 1990, No. 508, §1,
eff. July 18, 1990; Acts 2005, 1st Ex. Sess., No. 8, §1, eff. Nov. 28, 2005.
§213.3. Creation; personnel
A. The Coastal Protection and Restoration Authority is hereby created within the office of the governor. The authority is hereby established, and shall exercise the powers and duties hereinafter set forth or otherwise provided by law.
B. The authority shall be composed of the executive assistant to the governor for coastal activities and other members as provided by R.S. 49:213.5. The executive assistant shall be appointed by the governor, subject to Senate confirmation, to serve at his pleasure. He shall report directly to the governor.
C. The governor, through the executive assistant, consistent with the legislative intent as expressed in R.S. 49:213.1, shall coordinate the powers, duties, functions, and responsibilities of any state agency relative to coastal protection and restoration and shall administer the programs of the authority. The executive assistant shall employ necessary staff to carry out the duties and functions of the authority as provided in this Part or as otherwise provided by law and may seek and utilize the assistance of personnel in any state department or agency to carry out the duties and functions as provided in this Part or otherwise provided by law.
Acts 1989 2nd Ex. Sess., No. 6, §3, eff. July 14, 1989; Acts 2005, 1st Ex. Sess.,
No. 8, §1, eff. Nov. 28, 2005.
§213.4. Powers and duties
A. The authority shall:
(1) Represent the state's position in policy implementation relative to the protection, conservation, and restoration of the coastal area of the state through oversight of coastal restoration and hurricane protection projects and programs and by addressing activities which require a coastal use permit which could significantly affect protection, conservation, and restoration projects and programs, all consistent with the legislative intent as expressed in R.S. 49:213.1.
(2) Develop, coordinate, make reports on, and provide oversight for a comprehensive coastal protection master plan and annual coastal protection plans, working in conjunction with state agencies, political subdivisions, including flood protection authorities, levee districts, and federal agencies. The master plan shall include a comprehensive strategy addressing the protection, conservation, and restoration of the coastal area through the construction and management of hurricane protection projects and coastal restoration projects and programs, all consistent with the legislative intent as expressed in R.S. 49:213.1. The annual coastal protection plan shall be developed as the annual implementation of the comprehensive master plan and shall be submitted to the legislature for approval as set forth in R.S. 49:213.6. The annual coastal protection plan shall include a description and status of all projects and programs pertaining to hurricane protection and coastal restoration, including privately funded wetland enhancement projects or plans, and addressing those activities requiring a coastal use permit which significantly affect projects set forth in the plan, all consistent with the legislative intent as expressed in R.S. 49:213.1.
(3) Submit to the House Committee on Natural Resources and the Senate
Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public
Works the coastal protection plans developed pursuant to R.S. 49:213.6. Upon approval of the plans by the legislative committees and prior to implementation of the plans, in whole or in part, the plans shall be approved by the legislature as provided in R.S. 49:213.6(D).
(4) Have the right and the authority to approve all requests for programs and projects pertaining to hurricane protection and coastal conservation and restoration insofar as such requests are for funds to be appropriated from the Coastal Protection and
Restoration Trust Fund; provided that the office of coastal restoration and management of the Department of Natural Resources shall receive monies appropriated from the fund for coastal wetlands conservation and restoration and shall implement any such program or project and the office of public works, hurricane flood protection, and intermodal transportation of the Department of Transportation and Development, in conjunction with political subdivisions, shall receive monies appropriated from the fund for hurricane protection and shall implement any such program or project.
(5) Be authorized to delegate any of its powers, duties, and functions to the executive assistant.
(6) Develop procedures in accordance with the Administrative Procedure Act and take actions against any entity, including political subdivisions, to enforce compliance with the comprehensive master coastal protection plan. Such procedures and actions may include but are not limited to determinations of noncompliance; appeal from such determinations; the taking of administrative action, including the withholding of funds; and civil action, including the seeking of injunctive relief, or any other remedy necessary to ensure compliance with the plan.
(7) Have the power and authority to enter into any contract with the federal government or any federal agency or any political subdivision of the state or private individual for the construction, operation, or maintenance of any coastal restoration, hurricane, storm damage reduction, or flood control project and to this end, may contract for the acceptance of any grant of money upon the terms and conditions, including any requirement of matching the grants in whole or part, which may be necessary.
B. The governor, through the executive assistant, shall:
(1) Coordinate all state departmental budget requests for programs and projects pertaining to coastal protection, including hurricane protection and coastal wetlands conservation and restoration as well as all requests for funds to be appropriated from the Coastal Protection and Restoration Fund.
(2) Coordinate and focus the functions of all state agencies as they relate to coastal protection, including hurricane protection and wetlands conservation and restoration.
(3) Review and reconcile state agency comments on federally sponsored coastal protection projects, including hurricane protection, water resource development projects or permitted conservation and restoration activities to establish and present the official state position which shall be consistent with the policies of the authority.
(4) Represent the policy and consensus viewpoint of the state at the federal, regional, state, and local levels with respect to coastal protection, including hurricane protection and wetlands conservation and restoration.
(5) Appraise the adequacy of statutory and administrative mechanisms for coordinating the state's policies and programs at both the intrastate and interstate levels with respect to coastal protection, including hurricane protection and wetlands conservation and restoration.
(6) Appraise the adequacy of federal, regional, state, and local programs to achieve the policies and meet the goals of the state with respect to coastal protection, including hurricane protection and wetlands conservation and restoration.
(7) Oversee and coordinate federal and state-funded research related to coastal protection, including coastal land loss and subsidence, and the effects of storm surge.
(8) Coordinate and focus federal involvement in Louisiana with respect to coastal protection, including hurricane protection and coastal wetlands conservation and restoration.
(9) Provide the official state recommendations to the legislature and congress with respect to policies, programs, and coordinating mechanisms relative to coastal protection, including hurricane protection and wetlands conservation and restoration, or wetlands loss and storm surge research.
(10) Monitor and seek available federal and private funds consistent with the purposes of this Part.
(11) Manage his personnel as provided by law.
(12) Manage his budget, office, and related functions as provided by law.
(13) Report annually to the legislature as to the progress of the projects and programs enumerated in the plan or any component thereof. For each project or program, estimated construction and maintenance costs, progress reports, and estimated completion timetables shall be provided.
(14) Perform such powers, duties, and functions as may be delegated to him by the authority.
C. The governor, through his executive assistant, may, in an effort to advance the plan or purposes of this Part, within any department, agency, board, or commission:
(1) Review and modify policies, procedures, or programs not established or approved by the legislature or pursuant to the Administrative Procedure Act that may affect the design, construction, operation, management, and monitoring and more particularly to require expeditious permitting of coastal protection projects, including hurricane protection projects, restoration projects, wetlands enhancement or marsh management plans, or expenditures from the Fund.
(2) Review and request modifications of state departmental policies, procedures, programs, rules, and regulations that are established by law or pursuant to the
Administrative Procedure Act that may affect the design, construction, operation, management, and monitoring of coastal protection projects, including hurricane protection projects, restoration projects, wetlands enhancement or marsh management plans, or expenditures from the Fund. Such rule changes shall be initiated by the appropriate department.
(3) Appoint advisory panels.
(4) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with responsibilities and functions of the agency and take such actions as are necessary to comply with any conditions required for such acceptance.
(5) Utilize the services of other executive departments of state government upon mutually agreeable terms and conditions.
(6) Take such other actions not inconsistent with law as are necessary to perform properly the functions of the authority.
(7) Review and modify proposed coastal use permits prior to issuance to the extent that such permits would authorize activities which significantly affect hurricane protection or wetlands conservation and restoration projects or which significantly diminish the benefits of projects intended to protect, conserve or enhance coastal areas and to require the issuance of permits for public or private wetlands enhancement projects or plans.
D. Approval by the authority shall be required for any request by a state agency or department for any funds to finance research, programs, or projects involving coastal protection, including hurricane protection or the conservation and restoration of coastal wetlands resources; however, this Subsection shall not affect self-generated or dedicated funds.
Acts 1989 2nd Ex. Sess., No. 6, §3, eff. July 14, 1989; Acts 1990, No. 661, §§1
and 2; Acts 1990, No. 936, §§1 and 2; Acts 2005, 1st Ex. Sess., No. 8, §1, eff. Nov. 28,
2005; Acts 2006, 1st Ex. Sess., No. 1, §3, eff. Jan. 1, 2007; Acts 2006, 1st Ex. Sess., No.
6, §3; Acts 2006, No. 66, §§1, 2, eff. May 25, 2006.
NOTE: See also Acts 2006, 1st Ex. Sess., No. 1, §8.
§213.5. Coastal Protection and Restoration Authority; members
A. The Coastal Protection and Restoration Authority shall consist of the following members:
(1) Executive assistant to the governor for coastal activities.
(2) Secretary of the Department of Natural Resources or his designee.
(3) Secretary of the Department of Wildlife and Fisheries or his designee.
(4) Secretary of the Department of Environmental Quality or his designee.
(5) Secretary of the Department of Transportation and Development or his designee.
(6) Secretary of the Department of Economic Development or his designee.
(7) Commissioner of administration or his designee.
(8) Commissioner of agriculture and forestry or his designee.
(9) Commissioner of insurance or his designee.
(10) Four members selected from among and by the presidents of the following levee districts in the Louisiana coastal zone grouped in four regions as follows: Region 1
- Southeast Louisiana Flood Protection Authority- East. Region 2 - The Southeast
Louisiana Flood Protection Authority-West Bank. Region 3 - Pontchartrain Levee
District, Atchafalaya Levee District, Lafourche Basin Levee District, North Lafourche Conservation, Levee and Drainage District. Region 4 - Terrebonne Levee and
Conservation District, South Lafourche Levee District, Grand Isle Independent Levee District, and the Plaquemines Parish Government. The member from each region shall serve as a member for a term of one year. The members serving under the provisions of this Paragraph may designate a person to serve as a proxy.
(11) Two members selected by the executive board of directors of the Police Jury
Association of Louisiana from the governing authorities of parishes located in the coastal zone in which there are no levee districts. One member shall be from a parish west of the
Atchafalaya River and one member shall be from a parish east of the Atchafalaya River.
The two members shall not reside in the same parish. The members serving under the provisions of this Paragraph may designate a person to serve as a proxy.
(12) The chair of the Governor’s Advisory Commission on Coastal Protection, Restoration, and Conservation or his designee.
(13) The director of the Governor's Office of Homeland Security and Emergency Preparedness1 or his designee.
B. Any member of the authority who represents a political subdivision shall recuse himself from deliberations and from voting on any matter concerning the taking of action against that political subdivision for lack of compliance with the plan.
C. The executive assistant shall serve as chairman and shall develop procedures for the operation of the authority.
Acts 1989 2nd Ex. Sess., No. 6, §3, eff. July 14, 1989; Acts 2005, 1st Ex. Sess.,
No. 8, §1, eff. Nov. 28, 2005; Acts 2006, 1st Ex. Sess., No. 1, §3, eff. Jan. 1, 2007, if const. amend. proposed by Acts 2006, 1st Ex. Sess., No. 43, is adopted in Sept., 2006;
Acts 2006, 1st Ex. Sess., No. 35, §8, eff. March 1, 2006.
1See Acts 2006, 1st Ex. Sess., No. 35, §8, which changes the term "state office of homeland security and emergency preparedness" to "Governor's Office of Homeland
Security and Emergency Preparedness" and §10, which provides for the termination of
the Act and the reversion to the law in effect prior to the Act on July 1, 2010.
§213.6. Coastal protection annual plans; development; priorities
A.(1) The authority shall, in accordance with the procedures set forth herein, develop a comprehensive master plan for coastal protection and an annual coastal protection plan for protecting, conserving, and restoring the coastal area through the construction and management of hurricane protection and coastal restoration projects and programs, including privately funded marsh management projects or plans, and addressing those activities requiring a coastal use permit which significantly affect such projects, all consistent with the legislative intent as expressed in R.S. 49:213.1, and which plan shall be subject to the approval of the legislature as provided in Paragraph (2) of this
Subsection and Subsection D of this Section. The comprehensive master plan and the annual plan shall include requests for funding of projects and programs related to hurricane protection and coastal restoration.
(2) The authority shall develop the plans in accordance with the following procedure:
(a) The authority shall conduct not less than three public hearings in separate locations in the western, central, and eastern areas of the coastal zone for the purpose of receiving comments and recommendations from the public and elected officials. All public hearings must be held at least sixty days prior to the submission of the plans to the legislature.
(b) At least two weeks prior to each public hearing the authority shall contact the parish governing authorities, regional flood protection authorities, levee districts, and the state legislators of the parishes in the coastal zone for the purpose of soliciting their comments and recommendations and notifying them of the public hearing to be held in their area.
(c) Ten days prior to the first such public hearing the authority shall publish in the state register and the official state journal the schedule of public hearings setting out the location, place, and time of all the hearings.
(d) At least seven days prior to each hearing the authority shall publish a notice of the hearing in the official journal of each parish within the area of the hearing. The notice of a hearing shall have been published in the official journal of each parish in the coastal zone prior to the final scheduled public hearing. The authority may provide for additional public hearings when necessary upon at least three days notice published in the official journal of the parishes in the area of the hearing and written notice to the parish governing authorities.
(e) The authority shall receive written comments and recommendations until thirty days prior to the submission of the plans to the legislative committees.
B. The comprehensive coastal protection plan shall address hurricane protection and coastal restoration efforts from both short-term and long-range perspectives and shall incorporate structural, management, and institutional components of both efforts. The plan shall include but not be limited to the following:
(1) A list of projects and programs required for the protection, conservation and restoration of the coastal area and the action required of each state agency to implement said project or program.
(2) A schedule and estimated cost for the implementation of each project or program included in the plan.
C.(1) Where feasible, the comprehensive master plan shall include scientific data and other reasons, including but not limited to the social, geographic, economic, engineering, and biological considerations as to why each project or program was selected for inclusion. Specifically, this will include an explanation as to how each project or program advances the plan objectives with respect to the protection, conservation and restoration of the coastal area.
(2) Prior to recommending any project for inclusion in the comprehensive coastal protection plan, the authority shall identify and declare in writing:
(a) The public use benefits intended to be derived from the project which justify the project.
(b) The use benefits which private landowners are expected to derive from the project.
(c) The manner in which the benefits will be realized over the life of the project.
(d) The entities or persons who will be responsible for the long-term operation and maintenance of the project both in terms of manpower and cost.
(e) The entities or persons who will be responsible for monitoring the project to ensure that it is functioning properly and realizing the intended public and private benefits.
D.(1) After adoption by the authority, the comprehensive master plan shall be submitted to the House Committee on Natural Resources and the Senate Committee on
Natural Resources and the House Committee on Transportation, Highways and Public
Works and the Senate Committee on Transportation, Highways and Public Works for approval. In addition, the annual coastal protection plan shall be submitted to the House
Committee on Natural Resources and the Senate Committee on Natural Resources and the House Committee on Transportation, Highways and Public Works and the Senate
Committee on Transportation, Highways and Public Works on or before the first day of the regular legislative session of each year. The committees shall take action on the annual plan on or before May fifteenth of each calendar year.
(2) If any committee disapproves a plan, it shall send the plan back to the authority together with a brief summary of the reasons for disapproval and may make recommendations concerning changes it deems necessary or appropriate to remedy any deficiencies in the plan.
(3) The legislature may approve or disapprove a plan by resolution adopted by a majority vote of the members of each house of the legislature. If the legislature disapproves the plan, it shall include in the resolution a brief summary of the reasons for disapproval and may make recommendations concerning any changes it deems necessary or appropriate to remedy any deficiencies in the plan.
(4) If the legislature approves the comprehensive master plan, or if the legislature fails to take action on the comprehensive master plan within sixty days after the plan is submitted, the authority shall implement the plan as submitted. If the legislature approves the plan, or if the legislature fails to disapprove the annual plan by July first, the authority shall implement the plan as submitted. The projects and programs provided for in the plan shall be undertaken in conformity with the order of priority as contained in the plan.
(5) At any time subsequent to the adoption or implementation of a plan in accordance with the procedure set forth herein, the authority may amend or supplement the plan to add or delete projects and programs. No project shall be added or deleted unless and until the amendment to the plan is approved as provided herein. Any such amendment to the plan submitted to the legislature shall conform to the requirements specified in Subsections B and C of this Section.
Acts 1989 2nd Ex. Sess., No. 6, §3, eff. July 14, 1989; Acts 1990, No. 508, §1,
eff. July 18, 1990; Acts 1995, No. 173, §1; Acts 2005, 1st Ex. Sess., No. 8, §1, eff. Nov.
28, 2005; Acts 2006, 1st Ex. Sess., No. 1, §3, eff. Jan. 1, 2007, if const. amend. proposed
by Acts 2006, 1st Ex. Sess., No. 43, is adopted in Sept., 2006; Acts 2006, 1st Ex. Sess.,
No. 6, §3.
§213.7. Funding
A.(1) To provide a dedicated, recurring source of revenue for the development and implementation of a program to protect and restore Louisiana's coastal area, there is hereby established in the state treasury the Coastal Protection and Restoration Fund.
(2) Of all mineral revenues received in each fiscal year by the state including those received as a result of the production of or exploration for minerals, hereinafter referred to as mineral revenues from severance taxes, royalty payments, bonus payments, or rentals, and excluding federal revenues received as provided in Subsection C of this
Section and such revenues received by the state as a result of grants or donations when the terms or conditions thereof require otherwise, the treasurer shall make the following allocations:
(a) To the Bond Security and Redemption Fund as provided in Article VII,
Section 9(B) of the Constitution of Louisiana.
(b) To the political subdivisions of the state as provided in Article VII, Sections 4(D) and (E) of the Constitution of Louisiana.
(c) As provided by the requirements of Article VII, Sections 10-A and 10.1 of the Constitution of Louisiana.
B.(1) After making the allocations provided for in Subsection A of this Section, the treasurer shall then deposit in and credit to the Coastal Protection and Restoration
Fund any amount of mineral revenues that may be necessary to insure that a total of five million dollars is deposited into such fund for the fiscal year from this source; provided that the balance of the fund which consists of mineral revenues from severance taxes, royalty payments, bonus payments, or rentals shall not exceed the amount provided in
Subsection D of this Section.
(2) After making the allocations and deposits as provided for in Subsection A and
Paragraph (B)(1) of this Section, the treasurer shall deposit in and credit to the fund as follows:
(a) Two percent of the mineral revenues received in excess of the allocations provided for in Subsection A and Paragraph (B)(1) of this Section. The treasurer shall reduce the deposit made pursuant to this Subparagraph by the amount of deposits made pursuant to Subparagraphs (b) and (c) of this Paragraph.
(b) Ten million dollars of the mineral revenues in excess of six hundred million dollars which remain after the allocations provided for in Subsection A are made by the treasurer.
(c) Ten million dollars of the mineral revenues in excess of six hundred fifty million dollars which remain after the allocations provided in Subsection A are made by the treasurer.
C.(1) Subject to Article VII, Sections 9(B) and 10.1 of the state constitution, in each fiscal year, the federal revenues that are received by the state generated from Outer
Continental Shelf oil and gas activity and eligible, as provided by federal law, to be used for the purposes provided in this Subsection shall be deposited and credited by the treasurer to the Coastal Protection and Restoration Fund.
(2) Such federal revenues shall be used only for the purposes of coastal wetlands conservation, coastal restoration, hurricane protection, and infrastructure directly impacted by coastal wetlands losses.
D. The money in the fund shall be invested as provided by law and any earnings realized on investment of money in the fund shall be deposited in and credited to the fund. Money from other sources, such as donations, appropriations, or dedications, may be deposited in and credited to the fund; however, the balance of the fund which, exclusive of federal revenues received as provided for in Subsection C of this Section, consists of mineral revenues from severance taxes, royalty payments, bonus payments, or rentals shall not exceed five hundred million dollars. Any unexpended money remaining in the fund at the end of the fiscal year shall be retained in the fund.
E. The money in the Coastal Protection and Restoration Fund is subject to appropriations by the legislature for the purposes of coastal restoration, conservation, and hurricane protection. The money in the fund may be used only for those projects and programs which are consistent with the statement of intent, R.S. 49:213.1, and the annual plan as it pertains to the coastal restoration, conservation and hurricane protection and the following purposes:
(1) Projects and structures engineered for the enhancement, creation, or restoration of coastal wetlands.
(2) Match for federal or local project planning, design, construction, and monitoring.
(3) Administration and project management, planning, design, construction, and monitoring.
(4) Operation and maintenance of structural projects consistent with the purpose of this fund.
(5) Vegetation planting, seeding, or other revegetation methods.
(6) Planning and implementation of modifications to federal, state, or local flood control, navigation, irrigation, or enhancement projects.
(7) For coastal wetlands conservation, coastal restoration, hurricane protection, and infrastructure directly impacted by coastal wetlands losses.
F. As used in this Section, the term "balance of the fund" shall mean those monies in the fund which have not been expended or obligated under the plan approved pursuant to R.S. 49:213.6, or otherwise obligated in accordance with law.
Acts 1989, 2nd Ex. Sess., No. 6, §3, eff. July 14, 1989; Acts 1990, No. 451, §1,
eff. July 18, 1990; Acts 1990, No. 661, §1; Acts 1990, No. 936, §1; Acts 1992, No. 1128,
§1; Acts 1995, No. 160, §2; Acts 1999, No. 919, §1, eff. July 1, 2000; Acts 2003, No.
1195, §§2, 6, eff. July 1, 2004; Acts 2005, 1st Ex. Sess., No. 8, §1, eff. Nov. 28, 2005.
NOTE: See Acts 2003, No. 1195, §10 relative to severability of Act's provisions.
§213.8. Private property and public rights
Recognizing that a substantial majority of the coastal wetlands in Louisiana are privately owned, it is anticipated that a significant portion of the projects funded through the Coastal Protection and Restoration Fund either will occur on or in some manner affect private property. No rights whatsoever shall be created in the public, whether such rights be in the nature of ownership, servitude, or use, with respect to any private lands or waters utilized, enhanced, created, or otherwise affected by activities of any governmental agency, local, state, or federal, or any person contracting with same for the performance of any activities, funded in whole or in part, by expenditures from the Coastal Protection and Restoration Fund or expenditures of federal funds. In the event legal proceedings are instituted by any person seeking recognition of a right of ownership, servitude, or use in or over private property solely on the basis of the expenditure of funds from the Coastal Protection and Restoration Fund, the state shall indemnify and hold harmless the owner of such property for any cost, expense, or loss related to such proceeding, including court costs and attorney fees.
Acts 1995, No. 160, §§1, 2; Acts 2005, 1st Ex. Sess., No. 8, §1, eff. Nov. 28,
2005.
§213.9. Certain activities on dunes prohibited; penalties; speed limits on beaches
A. Except as provided in Subsection B of this Section, unless operating under a permit issued by a state or federal agency, no person shall engage in any of the following activities on any dune located on public or private land in the coastal zone:
(1) Willful or malicious cutting, altering, breaking, or destroying a dune in any manner or attempting to cut, alter, break, or destroy a dune in any manner.
(2) Riding, driving, operating, or hauling any motorized or mechanical vehicle except on public roads.
B. Notwithstanding the provisions of Paragraph (2) of Subsection A of this
Section, private owners of land located in the coastal zone, their employees, or independent contractors hired by the landowner may traverse dunes located on land owned by that landowner using motorized and mechanical vehicles during the course and scope of inspection, repair, construction, or other improvements to the land.
C. "Dune" shall be defined as a natural or man-made mound or bluff of sand, located landward of the beach, that has sufficient vegetation, height, continuity, and configuration to be of protective value.
D. Violation of this Section shall be punishable as follows:
(1) For the first offense, the fine shall be one hundred dollars.
(2) For the second offense, the fine shall be five hundred dollars.
(3) For the third and all subsequent offenses, the fine shall be one thousand dollars and imprisonment for not less than thirty days, nor more than sixty days.
E. In those parishes with a population between nine thousand five hundred and ten thousand five hundred as determined by the latest federal decennial census, the parish governing authority may enact speed limits on beaches.
Acts 2003, No. 375, §1.
§213.10. Measure of compensation; property taken for public purposes; venue
A. The full police power of the state shall be exercised to address the rapid, ongoing, and catastrophic loss of coastal Louisiana, and in order to devote the maximum resources of the state to meet this immediate and compelling public necessity, compensation to be paid for property taken for public purposes related to coastal wetlands conservation, management, preservation, enhancement, creation, or restoration shall only be paid by the state or its political subdivisions as provided in this Section.
B. Compensation paid for the taking of, including loss or damage to, property rights affected by coastal wetlands conservation, management, preservation, enhancement, creation, or restoration activities shall be governed by and strictly limited to the amount and circumstances required by the Fifth Amendment of the Constitution of the United States of America.
C. Notwithstanding any other provision of law to the contrary, any person who has entered into an oyster lease with the state and who is claiming compensation pursuant to this Section arising out of or in any way related to the oyster lease granted by the state shall file such action only in the Nineteenth Judicial District Court for the Parish of East
Baton Rouge.
D. The full police power of the state shall be exercised to address the loss and devastation to the state and individuals arising from hurricanes, storm surges and flooding. To devote the maximum resources of the state to meet these immediate and compelling public necessities, compensation paid for the taking of, or loss or damage to, property rights necessary for the construction, enlargement, improvement, or modification of federal or non-federal hurricane protection projects, including mitigation related thereto, shall be limited to the compensation required by the Fifth Amendment of the Constitution of the United States of America unless an exception as provided in
Article I, Section 4(G) of the Constitution of Louisiana is applicable.
Acts 2003, No. 583, §1, eff. Nov. 6, 2003; Acts 2004, No. 217, §1; Acts 2006,
No. 567, §2, eff. Oct. 31, 2006.
NOTE: See Acts 2003, No. 583, §2, re: retroactive and prospective application.
NOTE: See Acts 2006, No. 567, §3, re effectiveness.
§213.11. Legal representation of the authority; attorney general
The attorney general or his designee, who shall be a full-time assistant attorney general, shall be the legal advisor to the authority, shall counsel and advise the authority, and shall represent the authority in all legal proceedings.
Acts 2005, 1st Ex. Sess., No. 8, §1, eff. Nov. 28, 2005.
§213.12. Inspection program
A. The authority shall establish and implement a comprehensive hurricane protection inspection program. Such program shall include the following:
(1) Reviewing of hurricane protection diagrams, designs and plans.
(2) Monitoring of defects and problems.
(3) Conducting of an inspection of every hurricane protection barrier and associated elements at least every five years, or after a hurricane impacts a hurricane protection barrier and associated elements. If a defect or problem is identified, then the authority shall measure and test elevations, soil conditions, and structural integrity of the hurricane protection barrier and associated elements.
B. The authority shall report a notice of defect in the hurricane protection within thirty days of the inspection results to the appropriate entity, or political subdivision. The notice shall contain a description of the defect. The notice of defect shall be mailed by certified mail, or return receipt requested. The appropriate entity, or political subdivision, shall have forty-five days from receipt of the notice of defect to provide the authority with a plan and timeline to remedy the defect.
Acts 2005, 1st Ex. Sess., No. 8, §1, eff. Nov. 28, 2005.
