I 

109TH CONGRESS 

2D SESSION H. R. 5448 

To establish the Louisiana Hurricane and Flood Protection Council for the 

improvement of hurricane and flood protection in Louisiana. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2006 

Mr. JINDAL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

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). 


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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— 


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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; 

25 (D) provides for navigational interests; and 


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1 (E) ensures that each project for the con2 struction of a segment of the southeast Lou3 isiana hurricane protection system conforms to 

4 safety standards that account for— 

5 (i) current understanding of the struc6 tural design of levees and floodwalls; 

7 (ii) geotechnical characteristics of the 

8 site of the project; 

9 (iii) mechanisms to address potential 

10 failures of the system; and 

11 (iv) hydrology and hydraulics for a 

12 range of storm and flood events; and 

13 (2) through the demonstration program estab14 lished under section 4(b), to manage each aspect of 

15 the implementation of projects of the Corps of Engi16 neers in the disaster area (including the study, plan17 ning, engineering, design, construction, operation, 

18 and maintenance of such projects or components of 

19 projects and functions or activities of the Corps of 

20 Engineers relating to other projects), including 

21 projects for— 

22 (A) hurricane protection; 

23 (B) flood control; 

24 (C) coastal and ecosystem restoration; 

25 (D) storm surge damage reduction; and 


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1 (E) navigation. 

2 (c) MEMBERSHIP.— 

3 (1) COMPOSITION OF COUNCIL.— 

4 (A) DEFINITION OF EXPERTISE.—In this 

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

6 to a field of work or study, means— 

7 (i) at least 10 years of professional 

8 experience in the field of work or study; or 

9 (ii) a master’s degree (or the equiva10 lent) in the field of work or study. 

11 (B) COMPOSITION.—The Council shall be 

12 composed of 9 members appointed by the Presi13 dent, of whom— 

14 (i) 3 members shall be selected from 

15 the Corps of Engineers, 1 of whom shall be 

16 appointed by the President, by and with 

17 the advice and consent of the Senate (un18 less the member is already confirmed by 

19 the Senate), as Chairperson of the Council; 

20 and 

21 (ii) 6 members shall be selected from 

22 individuals who are not otherwise employed 

23 by the Federal Government or a State gov24 ernment, of whom— 


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1 (I) 2 members shall have exper2 tise in civil engineering relating to 

3 hurricane and flood protection; 

4 (II) 2 members shall have exper5 tise in the environment relating to— 

6 (aa) the interaction of salt7 water and freshwater estuaries; 

8 and 

9 (bb) coastal ecosystem res10 toration; 

11 (III) 1 member shall have exper12 tise in civil engineering relating to 

13 navigation; and 

14 (IV) 1 member shall have exper15 tise in fiscal matters relating to 

16 project management. 

17 (C) SUGGESTIONS OF GOVERNOR.—The 

18 Governor of Louisiana may suggest to the 

19 President nominees for consideration for ap20 pointment to the Council under subparagraph 

21 (B)(ii). 

22 (D) LOUISIANA RESIDENCE OR WORK RE23 QUIRED.—Of the members of the Council ap24 pointed under subparagraph (B)(ii), at least 2 

25 members shall— 


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1 (i) have resided in the State of Lou2 isiana for not less than 2 years and have 

3 expertise in the field of work or study of 

4 the member; or 

5 (ii) have worked in the applicable field 

6 of expertise in the State of Louisiana for 

7 not less than 2 years. 

8 (2) DATE OF APPOINTMENTS.—The appoint9 ment of a member of the Council shall be made not 

10 later than 30 days after the date of enactment of 

11 this Act. 

12 (d) TERM; VACANCIES.— 

13 (1) TERM.— 

14 (A) CORPS OF ENGINEERS.—A member 

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

16 designee of such a member) shall be appointed 

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

18 the President. 

19 (B) NON-FEDERAL EMPLOYEES.—A mem20 ber appointed under subsection (c)(1)(B)(ii) 

21 shall be appointed for a term of 5 years and 

22 may be reappointed, except that, of the mem23 bers first appointed— 


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1 (i) of the members appointed under 

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

3 be appointed for a term of 4 years; and 

4 (ii) of the members appointed under 

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

6 shall be appointed for a term of 4 years. 

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

8 (A) shall not affect the powers of the 

9 Council; and 

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

11 after the date on which the vacancy occurred in 

12 the same manner as the original appointment 

13 was made. 

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

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

16 have been appointed, the Council shall hold the initial 

17 meeting of the Council. 

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

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

20 meetings to members of the Council. 

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

22 Council shall constitute a quorum, but a lesser number 

23 of members may hold hearings. 


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

2 Vice Chairperson from among the members of the Council 

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

4 (i) CLERK.— 

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

6 Clerk from among the members of the Council ap7 pointed under subsection (c)(1)(B)(ii). 

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

9 maintain an accurate record of— 

10 (A) proceedings of the Council; 

11 (B) information received by the Council; 

12 and 

13 (C) reports or recommendations prepared 

14 by the Council. 

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

16 and meetings of the Council shall be at a location des17 ignated by the Secretary. 

18 SEC. 4. DUTIES. 

19 (a) COMPREHENSIVE PLAN.— 

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

21 and oversee each aspect of the implementation of a 

22 system-wide, comprehensive plan for projects of the 

23 Corps of Engineers in the disaster area (including 

24 the study, planning, engineering, design, construc25 tion, operation, and maintenance of the projects, and 


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1 functions and activities of the Corps of Engineers 

2 relating to other projects or components of projects) 

3 in accordance with the comprehensive hurricane pro4 tection program authorized by Congress during 2005 

5 to take a comprehensive approach to improving hur6 ricane protection, flood control, coastal and eco7 system restoration, storm surge damage reduction, 

8 and navigation in the disaster area. 

9 (2) REQUIREMENTS.—In managing and over10 seeing the plan under paragraph (1), the Council 

11 shall— 

12 (A) integrate, as the Council determines to 

13 be practicable, projects and components of 

14 projects that comprehensively implement activi15 ties for hurricane protection, flood control, 

16 coastal and ecosystem restoration, storm surge 

17 damage reduction, and navigation in the dis18 aster area; 

19 (B) recommend priorities among the 

20 projects and components of projects identified 

21 under the comprehensive plan; 

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

23 disaster area that properly accounts for risks 

24 posed to high population areas to assist in 


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1 prioritizing projects described in subparagraph 

2 (A); 

3 (D) review Corps of Engineers documents 

4 and prepare recommendations and modifica5 tions for Congress to enhance project or compo6 nent effectiveness and the overall larger com7 prehensive plan; 

8 (E) request comments regarding, and pro9 pose resolutions for, problems confronted in im10 plementing any project or component within the 

11 comprehensive plan; and 

12 (F) ensure that the comprehensive plan is 

13 implemented in an efficient, timely, and reliable 

14 manner to maximize results and reduce costs in 

15 implementing projects described in subpara16 graph (A). 

17 (b) DEMONSTRATION PROGRAM.— 

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

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

20 Council shall establish and carry out a demonstra21 tion program for the study, design, integrated imple22 mentation, and system-wide management of any 

23 project or component of a project of the Corps of 

24 Engineers in the disaster area, including the integra25 tion of projects relating to— 


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1 (A) hurricane protection; 

2 (B) flood control; 

3 (C) coastal and ecosystem restoration; 

4 (D) storm surge damage reduction; and 

5 (E) navigation. 

6 (2) FUTURE DISASTERS.— 

7 (A) RECOMMENDATIONS.— 

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

9 demonstration program under paragraph 

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

11 to the Committee on Environment and 

12 Public Works of the Senate and the Com13 mittee on Transportation and Infrastruc14 ture of the House of Representatives, rec15 ommendations for an emergency strategy 

16 to repair infrastructure relating to projects 

17 or components of projects under the com18 prehensive plan and to supplement the au19 thority of the Corps of Engineers under 

20 any other law, in any area in Louisiana af21 fected by a major disaster or emergency 

22 declared by the President to exist in ac23 cordance with section 401 of the Robert T. 

24 Stafford Disaster Relief and Emergency 


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

2 the period of the demonstration program. 

3 (ii) REQUIREMENTS.—The rec4 ommendations under clause (i) shall— 

5 (I) be in accordance with the 

6 comprehensive plan under subsection 

7 (a); and 

8 (II) include recommendations or 

9 modifications regarding priorities of 

10 the comprehensive plan as the com11 prehensive plan relates to projects or 

12 components of projects for purposes 

13 of restoring, repairing, rebuilding, or 

14 protecting affected disaster areas. 

15 (B) APPROVAL PROCESS.—The approval 

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

17 apply to recommendations of the Council under 

18 subparagraph (A), in accordance with para19 graph (3)(C)(iii)(II)(bb). 

20 (C) EFFECT OF PARAGRAPH.—Nothing in 

21 this paragraph affects any authority of the 

22 Corps of Engineers under any other law, includ23 ing section 5 of the Act of August 18, 1941 

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

25 1941’’) (55 Stat. 650; 69 Stat. 186). 


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1 (3) CORPS OF ENGINEERS STUDIES.— 

2 (A) IN GENERAL.—Notwithstanding any 

3 other law (including regulations), each study of 

4 the Corps of Engineers in the disaster area au5 thorized pursuant to a study resolution of a 

6 Committee of Congress during the 20-year pe7 riod beginning on the date of enactment of this 

8 Act shall be conducted in accordance with the 

9 demonstration program established under para10 graph (1). 

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

12 months after the date on which a study under 

13 subparagraph (A) is authorized, the Council 

14 shall submit to the Committee on Environment 

15 and Public Works of the Senate and the Com16 mittee on Transportation and Infrastructure of 

17 the House of Representatives a report describ18 ing the results of the study and any rec19 ommendations, including modifications, of the 

20 Council. 

21 (C) IMPLEMENTATION OF RECOMMENDA22 TIONS.— 

23 (i) IN GENERAL.—The Corps of Engi24 neers shall not implement a report or rec25 ommendation of the Council until the reVerDate Aug 31 2005 00:33 May 24, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5448.IH H5448

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1 port or recommendation is approved in the 

2 manner of a study resolution by the Com3 mittee on Environment and Public Works 

4 of the Senate and the Committee on 

5 Transportation and Infrastructure of the 

6 House of Representatives under clause (ii). 

7 (ii) APPROVAL PROCESS.— 

8 (I) IN GENERAL.—Not later than 

9 120 days after the date of receipt of 

10 a recommendation or report describ11 ing the results of a study under sub12 paragraph (B), the Committee on En13 vironment and Public Works of the 

14 Senate and the Committee on Trans15 portation and Infrastructure of the 

16 House of Representatives shall deter17 mine whether to adopt a resolution in 

18 the manner of a study resolution ap19 proving each report or recommenda20 tion submitted by the Council. 

21 (II) ADDITIONAL INFORMA22 TION.—To facilitate a Committee de23 scribed in subclause (I) in making a 

24 determination under that subclause, 

25 the Council may submit to the ComVerDate Aug 31 2005 00:33 May 24, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5448.IH H5448

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1 mittee such additional information re2 lating to a report or recommendation 

3 of the Council as the Committee may 

4 request, including information from 

5 the Corps of Engineers. 

6 (III) RESCISSION OF AP7 PROVAL.—If the Corps of Engineers 

8 fails to begin the implementation of a 

9 report or recommendation of the 

10 Council by not later than 1 year after 

11 the date of approval of the report or 

12 recommendation, the Committee on 

13 Environment and Public Works of the 

14 Senate or the Committee on Trans15 portation and Infrastructure of the 

16 House of Representatives, by resolu17 tion, may rescind the approval of the 

18 Committee of the report or rec19 ommendation. 

20 (iii) PERIOD OF EFFECTIVENESS.— 

21 (I) IN GENERAL.—Except as pro22 vided in subclause (II), the approval 

23 process described in clause (ii) shall 

24 apply only during the 6-year period 


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1 beginning on the date of enactment of 

2 this Act. 

3 (II) EXTENSION.—Notwith4 standing subclause (I), the approval 

5 process described in clause (ii) shall 

6 apply with respect to a report or rec7 ommendation of the Council sub8 mitted after the date that is 6 years 

9 after the date of enactment of this 

10 Act if— 

11 (aa) during the 2-year pe12 riod preceding the date on which 

13 the report or recommendation is 

14 submitted, a major bill reauthor15 izing water resource programs of 

16 the United States has not been 

17 enacted; or 

18 (bb) a major disaster or 

19 emergency is declared by the 

20 President to exist in accordance 

21 with section 401 of the Robert T. 

22 Stafford Disaster Relief and 

23 Emergency Assistance Act (42 

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


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1 southeast Louisiana after that 

2 date. 

3 (iv) EFFECT OF SUBPARAGRAPH.— 

4 The approval process described in this sub5 paragraph shall apply only in a case in 

6 which such an approval process is nec7 essary, as determined by the Committee, 

8 because of a major disaster or emergency 

9 declared by the President to exist in ac10 cordance with section 401 of the Robert T. 

11 Stafford Disaster Relief and Emergency 

12 Assistance Act (42 U.S.C. 5170) after Au13 gust 1, 2005, that caused a significant loss 

14 of life or property. 

15 (v) FEDERAL SHARE.— 

16 (I) IN GENERAL.—The Federal 

17 share of the cost of implementing a 

18 recommendation of the Council shall 

19 be— 

20 (aa) for the period of fiscal 

21 years 2006 through 2016, 90 

22 percent; and 

23 (bb) for the period of fiscal 

24 years 2017 and thereafter for the 


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1 life of the demonstration pro2 gram, 85 percent. 

3 (II) RECOMMENDATIONS.—The 

4 Council may make recommendations 

5 to reduce or modify the cost share for 

6 any project or component of a project 

7 in the comprehensive plan. 

8 (D) EFFECT OF PARAGRAPH.—In imple9 menting a report or recommendation of the 

10 Council under this paragraph, the Corps of En11 gineers may waive a requirement under the Na12 tional Environmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.) only if the Council deter14 mines that— 

15 (i) an imminent threat to life requires 

16 the waiver; and 

17 (ii) the waiver will not result in sig18 nificant environmental damage. 

19 (c) NONAPPLICABILITY OF FACA.—The Federal Ad20 visory Committee Act (5 U.S.C. App.) shall not apply to 

21 the Council in carrying out this Act. 

22 SEC. 5. POWERS. 

23 (a) HEARINGS.—The Council may hold such hear24 ings, meet and act at such times and places, take such 


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1 testimony, and receive such evidence as the Council con2 siders advisable to carry out this Act. 

3 (b) INFORMATION FROM FEDERAL AGENCIES.— 

4 (1) IN GENERAL.—The Council may secure di5 rectly from a Federal agency such information as 

6 the Council considers necessary to carry out this 

7 Act. 

8 (2) PROVISION OF INFORMATION.—On request 

9 of the Chairperson of the Council, the head of the 

10 agency shall provide the information to the Council. 

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

12 United States mails in the same manner and under the 

13 same conditions as other agencies of the Federal Govern14 ment. 

15 (d) GIFTS.—The Council may accept, use, and dis16 pose of gifts or donations of services or property. 

17 SEC. 6. COUNCIL PERSONNEL MATTERS. 

18 (a) COMPENSATION OF MEMBERS.— 

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

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

21 Federal Government shall be compensated at a rate 

22 equal to the daily equivalent of the annual rate of 

23 basic pay prescribed for level IV of the Executive 

24 Schedule under section 5315 of title 5, United 

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


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1 during which the member is engaged in the perform2 ance of the duties of the Council. 

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

4 Council who is an officer or employee of the Federal 

5 Government shall serve without compensation in ad6 dition to the compensation received for the services 

7 of the member as an officer or employee of the Fed8 eral Government. 

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

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

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

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

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

14 of business of the member in the performance of the duties 

15 of the Council. 

16 (c) DETAIL OF FEDERAL GOVERNMENT EMPLOY17 EES.— 

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

19 Government may be detailed to the Council without 

20 reimbursement. 

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

22 employee shall be without interruption or loss of civil 

23 service status or privilege. 


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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

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

4 until expended. 

5 SEC. 8. TERMINATION OF COUNCIL. 

6 The Council shall terminate on December 31, 2026. 

Æ 


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