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 pro-
tection in Louisiana. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Louisiana Hurricane 
and Flood Protection Council Act of 2006’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COUNCIL.—The term ‘‘Council’’ means the 
Louisiana Hurricane and Flood Protection Council 
established by section 3(a). 
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(2) DISASTER AREA.—The term ‘‘disaster area’’ 
means any area along the coast of the State of Lou-
isiana in which a major disaster relating to Hurri-
cane Katrina or Hurricane Rita was declared by the 
President to exist on or after August 29, 2005, in 
accordance with section 401 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army. 
SEC. 3. ESTABLISHMENT OF COUNCIL. 
(a) ESTABLISHMENT.—There is established a council 
to be known as the ‘‘Louisiana Hurricane and Flood Pro-
tection Council’’. 
(b) PURPOSES.—The purposes of the Council are— 
(1) to manage and oversee each aspect of the 
implementation of a system-wide, comprehensive 
plan for projects of the Corps of Engineers (includ-
ing the study, planning, engineering, design, con-
struction, operation, and maintenance of the projects 
or components of projects and functions or activities 
of the Corps of Engineers relating to other projects) 
that addresses hurricane protection, flood control, 
ecosystem restoration, storm surge damage reduc-
tion, or navigation in the disaster area that— 
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(A) on a system-wide basis, as the Council 
determines to be practicable, coordinates and 
integrates projects or components of projects 
that comprehensively implement activities for 
hurricane protection, flood control, ecosystem 
restoration, storm surge damage reduction, and 
navigation projects in order to— 
(i) ensure consistency and efficiency 
between 
projects 
and 
components 
of 
projects; 
(ii) enhance project effectiveness and 
the overall effectiveness of the larger com-
prehensive plan; and 
(iii) ensure that projects and compo-
nents of projects of the comprehensive plan 
are implemented in an efficient, timely, 
and reliable manner to maximize results 
and reduce costs in implementing projects 
or components of projects; 
(B) restores and reconstructs critical 
coastal wetlands; 
(C) protects the disaster area from future 
flooding and reduces storm damage and devas-
tation caused by hurricanes; 
(D) provides for navigational interests; and 
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(E) ensures that each project for the con-
struction of a segment of the southeast Lou-
isiana hurricane protection system conforms to 
safety standards that account for— 
(i) current understanding of the struc-
tural design of levees and floodwalls; 
(ii) geotechnical characteristics of the 
site of the project; 
(iii) mechanisms to address potential 
failures of the system; and 
(iv) hydrology and hydraulics for a 
range of storm and flood events; and 
(2) through the demonstration program estab-
lished under section 4(b), to manage each aspect of 
the implementation of projects of the Corps of Engi-
neers in the disaster area (including the study, plan-
ning, engineering, design, construction, operation, 
and maintenance of such projects or components of 
projects and functions or activities of the Corps of 
Engineers relating to other projects), including 
projects for— 
(A) hurricane protection; 
(B) flood control; 
(C) coastal and ecosystem restoration; 
(D) storm surge damage reduction; and 
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(E) navigation. 
(c) MEMBERSHIP.— 
(1) COMPOSITION OF COUNCIL.— 
(A) DEFINITION OF EXPERTISE.—In this 
paragraph, the term ‘‘expertise’’, with respect 
to a field of work or study, means— 
(i) at least 10 years of professional 
experience in the field of work or study; or 
(ii) a master’s degree (or the equiva-
lent) in the field of work or study. 
(B) COMPOSITION.—The Council shall be 
composed of 9 members appointed by the Presi-
dent, of whom— 
(i) 3 members shall be selected from 
the Corps of Engineers, 1 of whom shall be 
appointed by the President, by and with 
the advice and consent of the Senate (un-
less the member is already confirmed by 
the Senate), as Chairperson of the Council; 
and 
(ii) 6 members shall be selected from 
individuals who are not otherwise employed 
by the Federal Government or a State gov-
ernment, of whom— 
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(I) 2 members shall have exper-
tise in civil engineering relating to 
hurricane and flood protection; 
(II) 2 members shall have exper-
tise in the environment relating to— 
(aa) the interaction of salt-
water and freshwater estuaries; 
and 
(bb) coastal ecosystem res-
toration; 
(III) 1 member shall have exper-
tise in civil engineering relating to 
navigation; and 
(IV) 1 member shall have exper-
tise in fiscal matters relating to 
project management. 
(C) SUGGESTIONS
OF
GOVERNOR.—The 
Governor of Louisiana may suggest to the 
President nominees for consideration for ap-
pointment to the Council under subparagraph 
(B)(ii). 
(D) LOUISIANA RESIDENCE OR WORK RE-
QUIRED.—Of the members of the Council ap-
pointed under subparagraph (B)(ii), at least 2 
members shall— 
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(i) have resided in the State of Lou-
isiana for not less than 2 years and have 
expertise in the field of work or study of 
the member; or 
(ii) have worked in the applicable field 
of expertise in the State of Louisiana for 
not less than 2 years. 
(2) DATE
OF
APPOINTMENTS.—The appoint-
ment of a member of the Council shall be made not 
later than 30 days after the date of enactment of 
this Act. 
(d) TERM; VACANCIES.— 
(1) TERM.— 
(A) CORPS
OF
ENGINEERS.—A member 
appointed under subsection (c)(1)(B)(i) (or a 
designee of such a member) shall be appointed 
for the life of the Council, subject to removal by 
the President. 
(B) NON-FEDERAL EMPLOYEES.—A mem-
ber appointed under subsection (c)(1)(B)(ii) 
shall be appointed for a term of 5 years and 
may be reappointed, except that, of the mem-
bers first appointed— 
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(i) of the members appointed under 
subsection (c)(1)(B)(ii)(I), 1 member shall 
be appointed for a term of 4 years; and 
(ii) of the members appointed under 
subsection 
(c)(1)(B)(ii)(II), 
member 
shall be appointed for a term of 4 years. 
(2) VACANCIES.—A vacancy on the Council— 
(A) shall not affect the powers of the 
Council; and 
(B) shall be filled not later than 30 days 
after the date on which the vacancy occurred in 
the same manner as the original appointment 
was made. 
(e) INITIAL MEETING.—Not later than 30 days after 
the date on which the majority of members of the Council 
have been appointed, the Council shall hold the initial 
meeting of the Council. 
(f) MEETINGS.—The Council shall meet at the call 
of the Chairperson, who shall provide due notice of the 
meetings to members of the Council. 
(g) QUORUM.—A majority of the members of the 
Council shall constitute a quorum, but a lesser number 
of members may hold hearings. 
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(h) VICE CHAIRPERSON.—The Council shall select a 
Vice Chairperson from among the members of the Council 
appointed under subsection (c)(1)(B)(ii). 
(i) CLERK.— 
(1) IN GENERAL.—The Council shall select a 
Clerk from among the members of the Council ap-
pointed under subsection (c)(1)(B)(ii). 
(2) DUTIES.—The Clerk shall establish and 
maintain an accurate record of— 
(A) proceedings of the Council; 
(B) information received by the Council; 
and 
(C) reports or recommendations prepared 
by the Council. 
(j) LOCATION.—The headquarters, general offices, 
and meetings of the Council shall be at a location des-
ignated by the Secretary. 
SEC. 4. DUTIES. 
(a) COMPREHENSIVE PLAN.— 
(1) IN GENERAL.—The Council shall manage 
and oversee each aspect of the implementation of a 
system-wide, comprehensive plan for projects of the 
Corps of Engineers in the disaster area (including 
the study, planning, engineering, design, construc-
tion, operation, and maintenance of the projects, and 
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functions and activities of the Corps of Engineers 
relating to other projects or components of projects) 
in accordance with the comprehensive hurricane pro-
tection program authorized by Congress during 2005 
to take a comprehensive approach to improving hur-
ricane protection, flood control, coastal and eco-
system restoration, storm surge damage reduction, 
and navigation in the disaster area. 
(2) REQUIREMENTS.—In managing and over-
seeing the plan under paragraph (1), the Council 
shall— 
(A) integrate, as the Council determines to 
be practicable, projects and components of 
projects that comprehensively implement activi-
ties for hurricane protection, flood control, 
coastal and ecosystem restoration, storm surge 
damage reduction, and navigation in the dis-
aster area; 
(B) recommend priorities among the 
projects and components of projects identified 
under the comprehensive plan; 
(C) establish a benefit/risk analysis for the 
disaster area that properly accounts for risks 
posed to high population areas to assist in 
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prioritizing projects described in subparagraph 
(A); 
(D) review Corps of Engineers documents 
and prepare recommendations and modifica-
tions for Congress to enhance project or compo-
nent effectiveness and the overall larger com-
prehensive plan; 
(E) request comments regarding, and pro-
pose resolutions for, problems confronted in im-
plementing any project or component within the 
comprehensive plan; and 
(F) ensure that the comprehensive plan is 
implemented in an efficient, timely, and reliable 
manner to maximize results and reduce costs in 
implementing projects described in subpara-
graph (A). 
(b) DEMONSTRATION PROGRAM.— 
(1) IN GENERAL.—During the 20-year period 
beginning on the date of enactment of this Act, the 
Council shall establish and carry out a demonstra-
tion program for the study, design, integrated imple-
mentation, and system-wide management of any 
project or component of a project of the Corps of 
Engineers in the disaster area, including the integra-
tion of projects relating to— 
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