§2355. Functions and responsibilities; Coordinated Use of Resources for Recreation,
Economy, Navigation, and Transportation Authority Board
A. The board shall:
(1) Represent the state's position on policy relative to the protection, conservation,
enhancement, and management of the upland area of the state through oversight of integrated
projects and programs and by addressing activities which could significantly affect integrated
projects and programs, all consistent with the legislative intent as expressed in this Title.
(2) Develop, coordinate, make reports on, and provide oversight for a comprehensive
upland area master plan and annual 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, enhancement, and management of the upland area through the construction and
management of integrated projects and programs, all consistent with the legislative intent as
expressed in this Chapter. The annual 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. 38:2354. The annual plan shall include a description and status of all
projects and programs pertaining to the authority's mission, including privately funded
projects or plans, and addressing those activities which significantly affect projects set forth
in the plan, all consistent with the legislative intent as expressed in this Title.
(3) Submit to the House Committee on Natural Resources and Environment 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 integrated plans developed pursuant to R.S. 38:2354. 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. 38:2354(E).
(4) 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 upland area 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.
(5) Develop guidelines for cost-sharing agreements with public and private entities
participating in approved projects within the authority's jurisdiction.
B. The board may:
(1) Accept and use, in accordance with law, gifts, grants, bequests, endowments, or
funds from any public or private source for purposes consistent with responsibilities and
functions of the board and take such actions as are necessary to comply with any conditions
required for such acceptance.
(2) Utilize the services of other executive departments of state government upon
mutually agreeable terms and conditions.
(3) Take such other actions not inconsistent with law as are necessary to perform
properly the functions of the board.
(4) Adopt rules and regulations to implement the provisions of this Section. Such
rules and regulations shall be adopted in accordance with the Administrative Procedure Act.
(5) Delegate signing authority for contracts to the chairman of the board, the
executive director of the Coordinated Use of Resources for Recreation, Economy,
Navigation, and Transportation Authority, or an authorized designee of either. Such
designation by the chairman or the director shall be by authentic act.
(6) Approve all requests for programs and projects in the upland area, insofar as such
requests are for funds to be appropriated from the funds available to the authority.
(7) Delegate any of its powers, duties, and functions to the chairman of the board,
to the executive director of the Coordinated Use of Resources for Recreation, Economy,
Navigation, and Transportation Authority, or to state agencies, political subdivisions,
including flood protection authorities, or levee districts.
(8) Enter into any contract with the federal government or any federal agency or any
political subdivision of the state or private individual for the study, planning, engineering,
design, construction, operation, maintenance, repair, rehabilitation, or replacement of any
integrated project within the authority's jurisdiction 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.
(9) Maximize the use of nonfederal funds and in-kind donations to provide for the
costs associated with nonfederal cost-share requirements associated with integrated projects
within the authority's jurisdiction.
(10) Enter into any agreement with a parish governing authority located wholly or
partially within the coastal area but which is not part of a levee district for the construction,
operation, maintenance, repair, rehabilitation, or replacement of any upland protection,
conservation and restoration, hurricane protection, infrastructure, storm damage reduction,
integrated coastal protection, or flood control project. The board shall have the power to
provide in the agreement for the use and exercise by the parish governing authority of all
powers of levee districts or levee and drainage districts.
C. Approval by the board shall be required for any request by a state agency or
department for any funds to finance research, programs, mitigation, or projects involving
integrated protection, including hurricane protection or the conservation and restoration, of
upland areas. However, this Subsection shall not affect self-generated or dedicated funds.
D. No state agency or entity shall enter into a contract with the United States Army
Corps of Engineers which would require the state to assume liability for or provide the cost
of operations and maintenance for a protection project unless the contract provides for
independent third-party review and evaluation in accordance with the best available science
and technical capabilities to confirm the project's anticipated level of protection against
flooding prior to the state or political subdivision assuming liability and operations and
maintenance obligations. The independent third-party reviewer and evaluator provided for
in the contract shall be approved by both the United States Army Corps of Engineers and the
nonfederal sponsor. However, the provisions of this Subsection shall not apply to contracts
for routine maintenance or other minor construction or repairs, or in cases where there is
imminent threat to life or property, or when the chairman of the Coordinated Use of
Resources for Recreation, Economy, Navigation, and Transportation Authority Board, with
the approval of the board, determines that an emergency exists whereby compliance with the
provisions of this Subsection would create an unreasonable hardship.
E. Notwithstanding any other provision of law to the contrary, the Department of
Wildlife and Fisheries may enter into a cooperative endeavor agreement with the authority,
board, or a levee district to allow the use of the department's personnel, equipment, or lands
owned or leased by the state to satisfy mitigation requirements imposed upon the authority
or levee district by federal, state, or local law.
F. Upon the approval by the board, and notwithstanding any law to the contrary, the
authority, the state, or any political subdivision thereof, may use its own resources for
satisfying any mitigation requirements resulting from or related to an integrated noncoastal
project within the authority's jurisdiction.
G. Notwithstanding any law to the contrary, the Coordinated Use of Resources for
Recreation, Economy, Navigation, and Transportation Authority, upon approval by the
board, may enter into a contract for the study, investigation, and cleanup of, or response to,
hazardous substances directly with any person or entity who has entered into a contract with
the United States Army Corps of Engineers for an integrated protection program or project
within the authority's jurisdiction where the hazardous substance is located and if federal law,
rules, regulations, guidance, or the terms of a cooperative, partnership, or other agreement
for the program or project require the state of Louisiana to directly take action with regard
to the study, investigation, and cleanup of, or response to, the hazardous substance. Nothing
in this Section shall prevent the authority from contracting with any person or entity in any
other manner permitted by law. In approving the contract with the United States Army Corps
of Engineers contracting entity or person, the board shall do all of the following:
(1) Make a determination that the United States Army Corps of Engineers entered
into the contract with its contractor through a public bid process.
(2) Obtain from contractors other than the one under contract with the United States
Army Corps of Engineers, at least two estimates for the needed work to be conducted under
the contract for study, investigation, and cleanup of, or response to, hazardous substances
from persons or entities qualified to conduct such work, as determined by the board.
(3) Obtain an estimate for the needed work from the United States Army Corps of
Engineers contractor.
(4) Make a determination that contracting directly with the United States Army
Corps of Engineers contractor is economical, feasible, and in the best interest of the health,
safety, and welfare of the citizens of the state of Louisiana.
H.(1) The board shall broadcast over the internet live audio and video streams of all
its board meetings in which votes are scheduled to occur.
(2) All meetings broadcast in accordance with Paragraph (1) of this Subsection shall
be recorded, archived, and made accessible to the public for at least six years after the date
of the meeting.
(3) The provisions of this Subsection shall not apply to executive sessions held in
accordance with the Open Meetings Law as provided in R.S. 42:11 et seq.
(4) The audio and video records created pursuant to this Subsection shall not be
construed in a manner to be the official record, or any part of the official record, of the
proceedings of a meeting of the board.
(5) If the board is precluded from fulfilling the requirements of this Subsection due
to a technical problem beyond its control, or when the only meeting room available lacks the
equipment necessary to facilitate internet broadcast, the failure to broadcast or record the
proceedings of a meeting of the board shall not be construed to be a violation of the
provisions of this Subsection. However, the board shall take no votes at this meeting.
I. Nothing in this Chapter shall apply to projects wholly funded and constructed by
private entities on private property that do not utilize public funds, require inclusion in the
annual plan, or require use of public infrastructure subject to authority's jurisdiction.
J. Nothing in this Chapter shall supersede, nullify, or otherwise diminish the ability
of any political subdivision, levee district, drainage district, navigation district, or port
authority to pursue or implement projects independently of the annual plan, provided such
projects are consistent with the master plan. Entities not seeking funding assistance from the
authority may proceed with projects pursuant to other applicable laws and regulations.