II 

★(Star Print)

109TH CONGRESS 

2D SESSION S. 2421 

To establish the Louisiana Hurricane and Flood Protection Council for the 

improvement of hurricane and flood protection in Louisiana. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2006 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To establish the Louisiana Hurricane and Flood Protection 

Council for the improvement of hurricane and flood protection in Louisiana. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Louisiana Hurricane 

5 and Flood Protection Council Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COUNCIL.—The term ‘‘Council’’ means the 

9 Louisiana Hurricane and Flood Protection Council 

10 established by section 3(a). 


hmoore on PROD1PC68 with HMBILLS
2 

S 2421 IS1S 

1 (2) DISASTER AREA.—The term ‘‘disaster area’’ 

2 means any area along the coast of the State of Lou3 isiana in which a major disaster relating to Hurri4 cane Katrina or Hurricane Rita was declared by the 

5 President to exist on or after August 29, 2005, in 

6 accordance with section 401 of the Robert T. Staf7 ford Disaster Relief and Emergency Assistance Act 

8 (42 U.S.C. 5170). 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Army. 

11 SEC. 3. ESTABLISHMENT OF COUNCIL. 

12 (a) ESTABLISHMENT.—There is established a council 

13 to be known as the ‘‘Louisiana Hurricane and Flood Pro14 tection Council’’. 

15 (b) PURPOSES.—The purposes of the Council are— 

16 (1) to manage and oversee each aspect of the 

17 implementation of a system-wide, comprehensive 

18 plan for projects of the Corps of Engineers (includ19 ing the study, planning, engineering, design, con20 struction, operation, and maintenance of the projects 

21 or components of projects and functions or activities 

22 of the Corps of Engineers relating to other projects) 

23 that addresses hurricane protection, flood control, 

24 ecosystem restoration, storm surge damage reduc25 tion, or navigation in the disaster area that— 


hmoore on PROD1PC68 with HMBILLS
3 

S 2421 IS1S 

1 (A) on a system-wide basis, as the Council 

2 determines to be practicable, coordinates and 

3 integrates projects or components of projects 

4 that comprehensively implement activities for 

5 hurricane protection, flood control, ecosystem 

6 restoration, storm surge damage reduction, and 

7 navigation projects in order to— 

8 (i) ensure consistency and efficiency 

9 between projects and components of 

10 projects; 

11 (ii) enhance project effectiveness and 

12 the overall effectiveness of the larger com13 prehensive plan; and 

14 (iii) ensure that projects and compo15 nents of projects of the comprehensive plan 

16 are implemented in an efficient, timely, 

17 and reliable manner to maximize results 

18 and reduce costs in implementing projects 

19 or components of projects; 

20 (B) restores and reconstructs critical 

21 coastal wetlands; 

22 (C) protects the disaster area from future 

23 flooding and reduces storm damage and devas24 tation caused by hurricanes; and 

25 (D) provides for navigational interests; and 


hmoore on PROD1PC68 with HMBILLS
4 

S 2421 IS1S 

1 (2) through the demonstration program estab2 lished under section 4(b), to manage each aspect of 

3 the implementation of projects of the Corps of Engi4 neers in the disaster area (including the study, plan5 ning, engineering, design, construction, operation, 

6 and maintenance of such projects or components of 

7 projects and functions or activities of the Corps of 

8 Engineers relating to other projects), including 

9 projects for— 

10 (A) hurricane protection; 

11 (B) flood control; 

12 (C) coastal and ecosystem restoration; 

13 (D) storm surge damage reduction; and 

14 (E) navigation. 

15 (c) MEMBERSHIP.— 

16 (1) COMPOSITION OF COUNCIL.— 

17 (A) DEFINITION OF EXPERTISE.—In this 

18 paragraph, the term ‘‘expertise’’, with respect 

19 to a field of work or study, means— 

20 (i) at least 10 years of professional 

21 experience in the field of work or study; or 

22 (ii) a master’s degree (or the equiva23 lent) in the field of work or study. 


hmoore on PROD1PC68 with HMBILLS
5 

S 2421 IS1S 

1 (B) COMPOSITION.—The Council shall be 

2 composed of 9 members appointed by the Presi3 dent, of whom— 

4 (i) 3 members shall be selected from 

5 the Corps of Engineers, 1 of whom shall be 

6 appointed by the President, by and with 

7 the advice and consent of the Senate (un8 less the member is already confirmed by 

9 the Senate), as Chairperson of the Council; 

10 and 

11 (ii) 6 members shall be selected from 

12 individuals who are not otherwise employed 

13 by the Federal Government or a State gov14 ernment, of whom— 

15 (I) 2 members shall have exper16 tise in civil engineering relating to 

17 hurricane and flood protection; 

18 (II) 2 members shall have exper19 tise in the environment relating to— 

20 (aa) the interaction of salt21 water and freshwater estuaries; 

22 and 

23 (bb) coastal ecosystem res24 toration; 


hmoore on PROD1PC68 with HMBILLS
6 

S 2421 IS1S 

1 (III) 1 member shall have exper2 tise in civil engineering relating to 

3 navigation; and 

4 (IV) 1 member shall have exper5 tise in fiscal matters relating to 

6 project management. 

7 (C) SUGGESTIONS OF GOVERNOR.—The 

8 Governor of Louisiana may suggest to the 

9 President nominees for consideration for ap10 pointment to the Council under subparagraph 

11 (B)(ii). 

12 (D) LOUISIANA RESIDENCE OR WORK RE13 QUIRED.—Of the members of the Council ap14 pointed under subparagraph (B)(ii), at least 2 

15 members shall— 

16 (i) have resided in the State of Lou17 isiana for not less than 2 years and have 

18 expertise in the field of work or study of 

19 the member; or 

20 (ii) have worked in the applicable field 

21 of expertise in the State of Louisiana for 

22 not less than 2 years. 

23 (2) DATE OF APPOINTMENTS.—The appoint24 ment of a member of the Council shall be made not 


hmoore on PROD1PC68 with HMBILLS
7 

S 2421 IS1S 

1 later than 30 days after the date of enactment of 

2 this Act. 

3 (d) TERM; VACANCIES.— 

4 (1) TERM.— 

5 (A) CORPS OF ENGINEERS.—A member 

6 appointed under subsection (c)(1)(B)(i) (or a 

7 designee of such a member) shall be appointed 

8 for the life of the Council, subject to removal by 

9 the President. 

10 (B) NON-FEDERAL EMPLOYEES.—A mem11 ber appointed under subsection (c)(1)(B)(ii) 

12 shall be appointed for a term of 5 years and 

13 may be reappointed, except that, of the mem14 bers first appointed— 

15 (i) of the members appointed under 

16 subsection (c)(1)(B)(ii)(I), 1 member shall 

17 be appointed for a term of 4 years; and 

18 (ii) of the members appointed under 

19 subsection (c)(1)(B)(ii)(II), 1 member 

20 shall be appointed for a term of 4 years. 

21 (2) VACANCIES.—A vacancy on the Council— 

22 (A) shall not affect the powers of the 

23 Council; and 

24 (B) shall be filled not later than 30 days 

25 after the date on which the vacancy occurred in 


hmoore on PROD1PC68 with HMBILLS
8 

S 2421 IS1S 

1 the same manner as the original appointment 

2 was made. 

3 (e) INITIAL MEETING.—Not later than 30 days after 

4 the date on which the majority of members of the Council 

5 have been appointed, the Council shall hold the initial 

6 meeting of the Council. 

7 (f) MEETINGS.—The Council shall meet at the call 

8 of the Chairperson, who shall provide due notice of the 

9 meetings to members of the Council. 

10 (g) QUORUM.—A majority of the members of the 

11 Council shall constitute a quorum, but a lesser number 

12 of members may hold hearings. 

13 (h) VICE CHAIRPERSON.—The Council shall select a 

14 Vice Chairperson from among the members of the Council 

15 appointed under subsection (c)(1)(B)(ii). 

16 (i) CLERK.— 

17 (1) IN GENERAL.—The Council shall select a 

18 Clerk from among the members of the Council ap19 pointed under subsection (c)(1)(B)(ii). 

20 (2) DUTIES.—The Clerk shall establish and 

21 maintain an accurate record of— 

22 (A) proceedings of the Council; 

23 (B) information received by the Council; 

24 and 


hmoore on PROD1PC68 with HMBILLS
9 

S 2421 IS1S 

1 (C) reports or recommendations prepared 

2 by the Council. 

3 (j) LOCATION.—The headquarters, general offices, 

4 and meetings of the Council shall be at a location des5 ignated by the Secretary. 

6 SEC. 4. DUTIES. 

7 (a) COMPREHENSIVE PLAN.— 

8 (1) IN GENERAL.—The Council shall manage 

9 and oversee each aspect of the implementation of a 

10 system-wide, comprehensive plan for projects of the 

11 Corps of Engineers in the disaster area (including 

12 the study, planning, engineering, design, construc13 tion, operation, and maintenance of the projects, and 

14 functions and activities of the Corps of Engineers 

15 relating to other projects or components of projects) 

16 in accordance with the comprehensive hurricane pro17 tection program authorized by Congress during 2005 

18 to take a comprehensive approach to improving hur19 ricane protection, flood control, coastal and eco20 system restoration, storm surge damage reduction, 

21 and navigation in the disaster area. 

22 (2) REQUIREMENTS.—In managing and over23 seeing the plan under paragraph (1), the Council 

24 shall— 


hmoore on PROD1PC68 with HMBILLS
10 

S 2421 IS1S 

1 (A) integrate, as the Council determines to 

2 be practicable, projects and components of 

3 projects that comprehensively implement activi4 ties for hurricane protection, flood control, 

5 coastal and ecosystem restoration, storm surge 

6 damage reduction, and navigation in the dis7 aster area; 

8 (B) recommend priorities among the 

9 projects and components of projects identified 

10 under the comprehensive plan; 

11 (C) establish a benefit/risk analysis for the 

12 disaster area that properly accounts for risks 

13 posed to high population areas to assist in 

14 prioritizing projects described in subparagraph 

15 (A); 

16 (D) review Corps of Engineers documents 

17 and prepare recommendations and modifica18 tions for Congress to enhance project or compo19 nent effectiveness and the overall larger com20 prehensive plan; 

21 (E) request comments regarding, and pro22 pose resolutions for, problems confronted in im23 plementing any project or component within the 

24 comprehensive plan; and 


hmoore on PROD1PC68 with HMBILLS
11 

S 2421 IS1S 

1 (F) ensure that the comprehensive plan is 

2 implemented in an efficient, timely, and reliable 

3 manner to maximize results and reduce costs in 

4 implementing projects described in subpara5 graph (A). 

6 (b) DEMONSTRATION PROGRAM.— 

7 (1) IN GENERAL.—During the 20-year period 

8 beginning on the date of enactment of this Act, the 

9 Council shall establish and carry out a demonstra10 tion program for the study, design, integrated imple11 mentation, and system-wide management of any 

12 project or component of a project of the Corps of 

13 Engineers in the disaster area, including the integra14 tion of projects relating to— 

15 (A) hurricane protection; 

16 (B) flood control; 

17 (C) coastal and ecosystem restoration; 

18 (D) storm surge damage reduction; and 

19 (E) navigation. 

20 (2) FUTURE DISASTERS.— 

21 (A) RECOMMENDATIONS.— 

22 (i) IN GENERAL.—In carrying out the 

23 demonstration program under paragraph 

24 (1), the Council shall develop, and submit 

25 to the Committee on Environment and 


hmoore on PROD1PC68 with HMBILLS
12 

S 2421 IS1S 

1 Public Works of the Senate and the Com2 mittee on Transportation and Infrastruc3 ture of the House of Representatives, rec4 ommendations for an emergency strategy 

5 to repair infrastructure relating to projects 

6 or components of projects under the com7 prehensive plan and to supplement the au8 thority of the Corps of Engineers under 

9 any other law, in any area in Louisiana af10 fected by a major disaster or emergency 

11 declared by the President to exist in ac12 cordance with section 401 of the Robert T. 

13 Stafford Disaster Relief and Emergency 

14 Assistance Act (42 U.S.C. 5170) during 

15 the period of the demonstration program. 

16 (ii) REQUIREMENTS.—The rec17 ommendations under clause (i) shall— 

18 (I) be in accordance with the 

19 comprehensive plan under subsection 

20 (a); and 

21 (II) include recommendations or 

22 modifications regarding priorities of 

23 the comprehensive plan as the com24 prehensive plan relates to projects or 

25 components of projects for purposes 


hmoore on PROD1PC68 with HMBILLS
13 

S 2421 IS1S 

1 of restoring, repairing, rebuilding, or 

2 protecting affected disaster areas. 

3 (B) APPROVAL PROCESS.—The approval 

4 process described in paragraph (3)(C)(ii) shall 

5 apply to recommendations of the Council under 

6 subparagraph (A), in accordance with para7 graph (3)(C)(iii)(II)(bb). 

8 (C) EFFECT OF PARAGRAPH.—Nothing in 

9 this paragraph affects any authority of the 

10 Corps of Engineers under any other law, includ11 ing section 5 of the Act of August 18, 1941 

12 (commonly known as the ‘‘Flood Control Act of 

13 1941’’) (55 Stat. 650; 69 Stat. 186). 

14 (3) CORPS OF ENGINEERS STUDIES.— 

15 (A) IN GENERAL.—Notwithstanding any 

16 other law (including regulations), each study of 

17 the Corps of Engineers in the disaster area au18 thorized pursuant to a study resolution of a 

19 Committee of Congress during the 20-year pe20 riod beginning on the date of enactment of this 

21 Act shall be conducted in accordance with the 

22 demonstration program established under para23 graph (1). 

24 (B) STUDY REPORTS.—Not later than 18 

25 months after the date on which a study under 


hmoore on PROD1PC68 with HMBILLS
14 

S 2421 IS1S 

1 subparagraph (A) is authorized, the Council 

2 shall submit to the Committee on Environment 

3 and Public Works of the Senate and the Com4 mittee on Transportation and Infrastructure of 

5 the House of Representatives a report describ6 ing the results of the study and any rec7 ommendations, including modifications, of the 

8 Council. 

9 (C) IMPLEMENTATION OF RECOMMENDA10 TIONS.— 

11 (i) IN GENERAL.—The Corps of Engi12 neers shall not implement a report or rec13 ommendation of the Council until the re14 port or recommendation is approved in the 

15 manner of a study resolution by the Com16 mittee on Environment and Public Works 

17 of the Senate and the Committee on 

18 Transportation and Infrastructure of the 

19 House of Representatives under clause (ii). 

20 (ii) APPROVAL PROCESS.— 

21 (I) IN GENERAL.—Not later than 

22 120 days after the date of receipt of 

23 a recommendation or report describ24 ing the results of a study under sub25 paragraph (B), the Committee on EnVerDate Aug 31 2005 00:37 Mar 28, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2421.IS S2421

hmoore on PROD1PC68 with HMBILLS
15 

S 2421 IS1S 

1 vironment and Public Works of the 

2 Senate and the Committee on Trans3 portation and Infrastructure of the 

4 House of Representatives shall deter5 mine whether to adopt a resolution in 

6 the manner of a study resolution ap7 proving each report or recommenda8 tion submitted by the Council. 

9 (II) ADDITIONAL INFORMA10 TION.—To facilitate a Committee de11 scribed in subclause (I) in making a 

12 determination under that subclause, 

13 the Council may submit to the Com14 mittee such additional information re15 lating to a report or recommendation 

16 of the Council as the Committee may 

17 request, including information from 

18 the Corps of Engineers. 

19 (III) RESCISSION OF AP20 PROVAL.—If the Corps of Engineers 

21 fails to begin the implementation of a 

22 report or recommendation of the 

23 Council by not later than 1 year after 

24 the date of approval of the report or 

25 recommendation, the Committee on 


hmoore on PROD1PC68 with HMBILLS
16 

S 2421 IS1S 

1 Environment and Public Works of the 

2 Senate or the Committee on Trans3 portation and Infrastructure of the 

4 House of Representatives, by resolu5 tion, may rescind the approval of the 

6 Committee of the report or rec7 ommendation. 

8 (iii) PERIOD OF EFFECTIVENESS.— 

9 (I) IN GENERAL.—Except as pro10 vided in subclause (II), the approval 

11 process described in clause (ii) shall 

12 apply only during the 6-year period 

13 beginning on the date of enactment of 

14 this Act. 

15 (II) EXTENSION.—Notwith16 standing subclause (I), the approval 

17 process described in clause (ii) shall 

18 apply with respect to a report or rec19 ommendation of the Council sub20 mitted after the date that is 6 years 

21 after the date of enactment of this 

22 Act if— 

23 (aa) during the 2-year pe24 riod preceding the date on which 

25 the report or recommendation is 


hmoore on PROD1PC68 with HMBILLS
17 

S 2421 IS1S 

1 submitted, a major bill reauthor2 izing water resource programs of 

3 the United States has not been 

4 enacted; or 

5 (bb) a major disaster or 

6 emergency is declared by the 

7 President to exist in accordance 

8 with section 401 of the Robert T. 

9 Stafford Disaster Relief and 

10 Emergency Assistance Act (42 

11 U.S.C. 5170) in any area of 

12 southeast Louisiana after that 

13 date. 

14 (iv) EFFECT OF SUBPARAGRAPH.— 

15 The approval process described in this sub16 paragraph shall apply only in a case in 

17 which such an approval process is nec18 essary, as determined by the Committee, 

19 because of a major disaster or emergency 

20 declared by the President to exist in ac21 cordance with section 401 of the Robert T. 

22 Stafford Disaster Relief and Emergency 

23 Assistance Act (42 U.S.C. 5170) after Au24 gust 1, 2005, that caused a significant loss 

25 of life or property. 


hmoore on PROD1PC68 with HMBILLS
18 

S 2421 IS1S 

1 (v) FEDERAL SHARE.— 

2 (I) IN GENERAL.—The Federal 

3 share of the cost of implementing a 

4 recommendation of the Council shall 

5 be— 

6 (aa) for the period of fiscal 

7 years 2006 through 2016, 90 

8 percent; and 

9 (bb) for the period of fiscal 

10 years 2017 and thereafter for the 

11 life of the demonstration pro12 gram, 85 percent. 

13 (II) RECOMMENDATIONS.—The 

14 Council may make recommendations 

15 to reduce or modify the cost share for 

16 any project or component of a project 

17 in the comprehensive plan. 

18 (D) EFFECT OF PARAGRAPH.—In imple19 menting a report or recommendation of the 

20 Council under this paragraph, the Corps of En21 gineers may waive a requirement under the Na22 tional Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.) only if the Council deter24 mines that— 


hmoore on PROD1PC68 with HMBILLS
19 

S 2421 IS1S 

1 (i) an imminent threat to life requires 

2 the waiver; and 

3 (ii) the waiver will not result in sig4 nificant environmental damage. 

5 (c) NONAPPLICABILITY OF FACA.—The Federal Ad6 visory Committee Act (5 U.S.C. App.) shall not apply to 

7 the Council in carrying out this Act. 

8 SEC. 5. POWERS. 

9 (a) HEARINGS.—The Council may hold such hear10 ings, meet and act at such times and places, take such 

11 testimony, and receive such evidence as the Council con12 siders advisable to carry out this Act. 

13 (b) INFORMATION FROM FEDERAL AGENCIES.— 

14 (1) IN GENERAL.—The Council may secure di15 rectly from a Federal agency such information as 

16 the Council considers necessary to carry out this 

17 Act. 

18 (2) PROVISION OF INFORMATION.—On request 

19 of the Chairperson of the Council, the head of the 

20 agency shall provide the information to the Council. 

21 (c) POSTAL SERVICES.—The Council may use the 

22 United States mails in the same manner and under the 

23 same conditions as other agencies of the Federal Govern24 ment. 


hmoore on PROD1PC68 with HMBILLS
20 

S 2421 IS1S 

1 (d) GIFTS.—The Council may accept, use, and dis2 pose of gifts or donations of services or property. 

3 SEC. 6. COUNCIL PERSONNEL MATTERS. 

4 (a) COMPENSATION OF MEMBERS.— 

5 (1) NON-FEDERAL EMPLOYEES.—A member of 

6 the Council who is not an officer or employee of the 

7 Federal Government shall be compensated at a rate 

8 equal to the daily equivalent of the annual rate of 

9 basic pay prescribed for level IV of the Executive 

10 Schedule under section 5315 of title 5, United 

11 States Code, for each day (including travel time) 

12 during which the member is engaged in the perform13 ance of the duties of the Council. 

14 (2) FEDERAL EMPLOYEES.—A member of the 

15 Council who is an officer or employee of the Federal 

16 Government shall serve without compensation in ad17 dition to the compensation received for the services 

18 of the member as an officer or employee of the Fed19 eral Government. 

20 (b) TRAVEL EXPENSES.—A member of the Council 

21 shall be allowed travel expenses, including per diem in lieu 

22 of subsistence, at rates authorized for an employee of an 

23 agency under subchapter I of chapter 57 of title 5, United 

24 States Code, while away from the home or regular place 


hmoore on PROD1PC68 with HMBILLS
21 

S 2421 IS1S 

1 of business of the member in the performance of the duties 

2 of the Council. 

3 (c) DETAIL OF FEDERAL GOVERNMENT EMPLOY4 EES.— 

5 (1) IN GENERAL.—An employee of the Federal 

6 Government may be detailed to the Council without 

7 reimbursement. 

8 (2) CIVIL SERVICE STATUS.—The detail of the 

9 employee shall be without interruption or loss of civil 

10 service status or privilege. 

11 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this Act, to remain available 

14 until expended. 

15 SEC. 8. TERMINATION OF COUNCIL. 

16 The Council shall terminate on December 31, 2026. 

Æ 


hmoore on PROD1PC68 with HMBILLS