§ 34:3403 — Powers

Louisiana § 34:3403

• Jurisdiction: Louisiana
• Title 34: Navigation and Shipping

Text

A. The department shall be empowered to do any and all things necessary or proper to carry out the purposes of this Chapter, including, but not limited to, the things expressly provided in this Section.
B. The department may enter into contracts and agreements of any nature for the purposes of this Chapter with any person or persons, natural or artificial, corporation, association, or other entity, including public corporations, port authorities, state departments, agencies, parishes, other political subdivisions, municipalities, the United States Government and agencies thereof, or any combination thereof or with instrumentalities of every kind, and may designate any department, agency, municipality, parish, port board, port commission, port, harbor, and terminal district, industrial district, or other political subdivision of the state as its agent to carry out the purposes of and the powers granted under this Chapter. The secretary is empowered to negotiate with and enter into contracts or other agreements with any such person or entity concerning the joint administration of the project, including jurisdictional aspects of the state's administration of the project, providing of lands, servitudes and rights-of-ways, the location of project facilities, and the collection and distribution of revenues derived from the tolls, charges, and user fees, and may engage jointly in the exercise of any power and in the construction, operation, and maintenance of any facilities and improvements for the purposes of the project on any basis, including the matching of funds, which the participating entities may undertake under any provision of general or special law; however, the department shall expend only those funds for the project which are mandated by federal law, regulation, or requirement as the non-federal share of the cost of the project or which are reasonably related thereto and consistent with the performance of the authority and duties imposed by this Chapter.
C. The department may fix, impose, and collect tolls, charges or user fees to finance the non-federal share of the project costs as required or authorized by the Congress and the United States Army Corps of Engineers as regards the project. The secretary shall take such actions, hold such public hearings, and make such determinations as are necessary or appropriate to carry out the provisions of this Subsection in accordance with the requirements of the Congress. The department may pledge part or all of its revenues derived or to be derived under this Chapter and dedicate such revenues for the purpose of retiring debt, including payment of principal and interest on obligations issued for the project, and make such payments to the United States Government for its share of the project as required by the Congress. Any tolls, charges, and user fees imposed and collected under this Chapter shall reflect, to a reasonable degree and to the extent required by federal law, the benefits provided by the project to a particular class or type of vessel.
D. The department may institute or defend in courts of competent jurisdiction, including for the purposes of this Chapter the courts and administrative tribunals of the United States of America, any legal proceedings that may be necessary or required to compel compliance with this Chapter or any actions taken hereunder or that may arise out of the performance of the obligations and duties imposed by this Chapter.
E. The powers granted under this Chapter shall be regarded as supplemental and additional to powers conferred on the Department of Transportation and Development by other laws.

Legislative History

Acts 1986, No. 83, §1, eff. June 17, 1986; Acts 1989, No. 21, §1, eff. June 14, 1989.