reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3304. Coordination and cooperation

RS 34:3304 - Coordination and cooperation
A. It is the policy of this Chapter that the AGMAC Deepening Project be pursued so that there is full coordination and cooperation between all federal and state entities that have complementing or overlapping interest and authority in the project. The secretary of the Department of Transportation and Development is authorized to coordinate all of the state and local governmental aspects of the project so that there is a long-term and orderly development and maintenance of the project.
B. The secretary of the Department of Transportation and Development is authorized to call upon the Department of Economic Development, the Department of Energy and Natural Resources, the Board of Commissioners of the Port of Iberia, and all other port commissions and districts and state agencies, departments, and political subdivisions of the state for full and complete cooperation and assistance in carrying out the provisions of this Chapter, and all such entities are hereby directed and it shall be their duty to cooperate and assist the department to the fullest possible extent.
C. The Department of Transportation and Development, with the involvement and participation of the local governing bodies in Vermilion Parish, shall request that the United States Army Corps of Engineers conduct a study for development of a hurricane protection levee and the construction and maintenance thereof.
Acts 2004, No. 728, §1, eff. July 6, 2004; Acts 2023, No. 150, §9, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3305. Construction of Chapter; controlling law

RS 34:3305 - Construction of Chapter; controlling law
To the extent that the provisions of this Chapter are inconsistent with any other provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed controlling.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3306. Property defined

RS 34:3306 - Property defined
As used in this Chapter, the term "property" means any portion of immovable property, including servitudes and other rights in or to immovable property.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3307. Authority to expropriate and acquire property for the AGMAC Deepening Project prior to judgment

RS 34:3307 - Authority to expropriate and acquire property for the AGMAC Deepening Project prior to judgment
A. When the Department of Transportation and Development or its agent cannot amicably acquire property needed for the AGMAC Deepening Project as provided in this Chapter, it may acquire the same by expropriation and may acquire the property prior to judgment in the trial court on the amount of compensation due to the owner of the property.
B. Except as otherwise provided in this Chapter, such expropriation shall be conducted in the manner that the department is permitted to expropriate property for highway purposes, as set forth in R.S. 48:449 through 459.
C. The right of expropriation granted herein shall be exercised only by the non-federal sponsor if the United States Army Corps of Engineers agrees to accept the operation and maintenance of the Freshwater Bayou By-Pass channel, structures, and improvements.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3308. Contents of petition for expropriation; place of filing

RS 34:3308 - Contents of petition for expropriation; place of filing
The right of expropriation granted by this Chapter shall be exercised in the following manner:
(1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides, but if the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.
(3) The petition shall have annexed thereto the following:
(a) A notarized statement of the secretary of the department declaring that the taking is necessary or useful for the purposes of this Chapter.
(b) A certificate signed by the department's engineer or, in his absence, his principal assistant, declaring that he has fixed the right of way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience and further declaring that the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the public.
(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3309. Prayer of petition; ex parte order for deposit

RS 34:3309 - Prayer of petition; ex parte order for deposit
The petition shall conclude with a prayer that the property be declared taken for the AGMAC Deepening Project. Upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court. Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause, and the description of the property and property rights, as contained in the petition.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3310. Vesting of title

RS 34:3310 - Vesting of title
Title to the property and the property rights specified in the petition shall vest in the department upon final court order declaring that the property described in the petition has been taken for the AGMAC deepening purposes, and the right to just and adequate compensation therefor shall vest in the persons entitled thereto. Upon vesting of title, the department may enter upon and take possession of the property.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3311. Notice to defendant

RS 34:3311 - Notice to defendant
A. Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that a petition has been filed to expropriate the property described in the petition.
B. This notice, together with a certified copy of the order, the petition, and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3312. Contesting validity of proposed taking; waiver of defenses

RS 34:3312 - Contesting validity of proposed taking; waiver of defenses
A. Any defendant desiring to contest the validity of the taking on the ground that the property taken for the AGMAC Deepening Project was not expropriated for a public purpose may file a motion to dismiss the suit within fifteen days after the date on which the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit. This motion shall be tried contradictorily with preference to the judge alone and shall be decided prior to fixing the case for trial on the compensation or damages due to the defendant.
B. Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation or damages.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3313. Defendant's answer; requirements; delay for filing

RS 34:3313 - Defendant's answer; requirements; delay for filing
Where property is expropriated pursuant to this Chapter, any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided:
(1) He files an answer within one year from the date he is notified in writing by the department that it has finally accepted the construction of the AGMAC Deepening Project for which the property was expropriated; provided, he may file his answer prior to the date he is notified by the department.
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated and the amount he claims as damages to the remainder of his property.
(3) His damage claim is reasonably itemized.
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit.
Acts 2004, No. 728, §1, eff. July 6, 2004.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3411. Property defined

RS 34:3411 - Property defined
As used in this Chapter, the term "property" means any portion of immovable property, including servitudes and other rights in or to immovable property.
Acts 1987, No. 244, §1.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3412. Authority to expropriate and acquire property for river deepening projects prior to judgment

RS 34:3412 - Authority to expropriate and acquire property for river deepening projects prior to judgment
A. When the Department of Transportation and Development or its agent cannot amicably acquire property needed for river deepening projects as provided in this Chapter, it may acquire the same by expropriation and may acquire the property prior to judgment in the trial court on the amount of compensation due to the owner of the property.
B. Except as otherwise provided in this Chapter, such expropriation shall be conducted in the manner that the department is permitted to expropriate property for highway purposes, as set forth in R.S. 48:449 through 459.
Acts 1987, No. 244, §1; Acts 1989, No. 21, §1, eff. June 14, 1989.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3413. Contents of petition for expropriation; place of filing

RS 34:3413 - Contents of petition for expropriation; place of filing
The right of expropriation granted by this Chapter shall be exercised in the following manner:
(1) A petition shall be filed by the plaintiff in the district court of the parish in which the property to be expropriated is situated. However, where the property to be expropriated extends into two or more parishes and the owner of the property resides in one of them, the petition shall be filed in the district court of the parish where the owner resides, but if the owner does not reside in any one of the parishes into which the property extends, the petition may be filed in any one of the parishes. In all such cases, the court wherein the petition is filed shall have jurisdiction to adjudicate as to all the property involved.
(2) The petition shall contain a statement of the purpose for which the property is to be expropriated, describing the property necessary therefor with a plan of the same, a description of the improvements thereon, if any, and the name of the owner if known.
(3) The petition shall have annexed thereto the following:
(a) A notarized statement of the secretary of the department declaring that the taking is necessary or useful for the purposes of this Chapter.
(b) A certificate signed by the department's engineer or, in his absence, his principal assistant, declaring that he has fixed the right of way in a manner sufficient in his judgment to provide for the public interest, safety, and convenience and further declaring that the location and design of the proposed improvements are in accordance with the best modern practices adopted in the interest of the safety and convenience of the public.
(c) An itemized statement of the amount of money estimated to be the full extent of the owner's loss for the taking or the damage, or both, as the case may be. It shall be signed by those who made the estimate, showing the capacity in which they acted, and the date on which it was made.
Acts 1987, No. 244, §1.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3414. Prayer of petition; ex parte order for deposit

RS 34:3414 - Prayer of petition; ex parte order for deposit
The petition shall conclude with a prayer that the property be declared taken for the Mississippi River deepening projects. Upon presentation of the petition, the court shall issue an order directing that the amount of the estimate be deposited in the registry of the court. Upon the deposit of the amount of the estimate in the registry of the court, for the use and benefit of the persons entitled thereto, the clerk shall issue a receipt showing the amount deposited, the date it was deposited, the style and number of the cause, and the description of the property and property rights, as contained in the petition.
Acts 1987, No. 244, §1.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3415. Vesting of title

RS 34:3415 - Vesting of title
Title to the property and the property rights specified in the petition shall vest in the department upon final court order declaring that the property described in the petition has been taken for the Mississippi River deepening purposes, and the right to just and adequate compensation therefor shall vest in the persons entitled thereto. Upon vesting of title, the department may enter upon and take possession of the property.
Acts 1987, No. 244, §1.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3416. Notice to defendant

RS 34:3416 - Notice to defendant
A. Upon receipt of the deposit, the clerk of court shall issue a notice to each defendant in the suit, notifying him that a petition has been filed to expropriate the property described in the petition.
B. This notice, together with a certified copy of the order, the petition, and the clerk's receipt for the deposit, shall be delivered by the clerk to the proper sheriff for service on each defendant in the manner provided for the service of citations.
Acts 1987, No. 244, §1.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3417. Contesting validity of proposed taking; waiver of defenses

RS 34:3417 - Contesting validity of proposed taking; waiver of defenses
A. Any defendant desiring to contest the validity of the taking on the ground that the property taken for the river deepening project was not expropriated for a public purpose may file a motion to dismiss the suit within fifteen days after the date on which the notice was served on him. He shall certify thereon that a copy thereof has been served personally or by mail on either the plaintiff or its attorney of record in the suit. This motion shall be tried contradictorily with preference to the judge alone and shall be decided prior to fixing the case for trial on the compensation or damages due to the defendant.
B. Failure to file the motion within the time provided constitutes a waiver of all defenses to the suit except claims for compensation or damages.
Acts 1987, No. 244, §1.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3418. Defendant's answer; requirements; delay for filing

RS 34:3418 - Defendant's answer; requirements; delay for filing
Where property is expropriated pursuant to this Chapter any defendant may apply for a trial to determine the measure of compensation to which he is entitled, provided:
(1) He files an answer within one year from the date he is notified in writing by the department that it has finally accepted the construction of the river deepening project for which the property was expropriated; provided, he may file his answer prior to the date he is notified by the department.
(2) His answer sets forth the amount he claims, including the value of each parcel expropriated and the amount he claims as damages to the remainder of his property.
(3) His damage claim is reasonably itemized.
(4) His answer has a certificate thereon showing that a copy thereof has been served personally or by mail on all parties to the suit.
Acts 1987, No. 244, §1.
{{NOTE: SEE ACTS 1987, NO. 244, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3401. Object and purpose

RS 34:3401 - Object and purpose
It is the object and purpose of this Chapter to provide for the Mississippi River Deepening Project, allowing more efficient deep draft navigation access to the New Orleans and Baton Rouge reaches of the Mississippi River via Southwest Pass by enlarging in phases or stages the existing channel to a project depth of forty-five feet; to authorize the first phase of the project; to designate the Louisiana Department of Transportation and Development as the assuring and coordinating agency of the state; to furnish to the United States such assurances as may be required by the Congress of the United States as a condition for such project, including, among other things, that the state or an agency, department, or subdivision thereof will provide such lands, servitudes, and rights-of-way or other rights or interest necessary to said construction and maintenance of the project, including, suitable areas for initial and subsequent disposal of dredged material and all alterations and relocations of submarine pipelines, cables, and other structures and improvements necessary for project purposes, berthing areas and local access channels, public terminal and transfer facilities and prohibition of the erection of structures within one hundred feet of the project channel, and also agreements to indemnify and hold harmless the United States from claims arising out of the construction, maintenance, and operation of the project in certain instances; to share the portion of the costs, and to reimburse to the United States all or such portion of the costs, of the construction and maintenance of the deepened channel as may be required by the Congress; to impose upon and exact from commercial waterway commerce such tolls, charges, and user fees as may be required and as may be authorized by the Congress to be used for such purposes as so authorized.
Acts 1986, No. 83, §1, eff. June 17, 1986; Acts 1989, No. 21, §1, eff. June 14, 1989.
{{NOTE: SEE ACTS 1989, NO. 21, §§2-6.}}
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3402. Mississippi River Deepening Project

RS 34:3402 - Mississippi River Deepening Project
A. For the purpose established in this Chapter and contingent upon the necessary act of designation to be promulgated by the governor pursuant to R.S. 38:81, designating the Department of Transportation and Development as the assuring and coordinating agency for the Mississippi River Deepening Project, the secretary of the department is authorized to negotiate and contract with the United States of America to provide such local assurances and cooperation as is necessary for the purposes authorized in this Chapter.
B. The secretary is authorized to proceed with and cooperate in the planning, design, engineering, construction, and maintenance of the first phase of the project; to-wit, providing a channel forty-five feet in depth from the Gulf of Mexico to mile one hundred eighty one above the Head of Passes. Should training works be required for the project, appropriate fresh water diversion structures shall be constructed, as part of the federal project, to compensate for any consequent loss of fresh water in the marsh environment.
C. Upon completion of the first phase of the project, the secretary is authorized to proceed with and cooperate in the planning, design, engineering, construction, and maintenance of the second phase of the project; to-wit, providing a channel forty-five feet in depth from mile one hundred eighty-one above the Head of Passes to mile two hundred thirty-two point four above the Head of Passes.
D. Upon completion of the second phase of the project, the secretary is authorized to proceed with and cooperate in the planning, design, engineering, construction, and maintenance of subsequent phases of the project that would advance the deepening of the channel from forty-five feet to fifty-three feet from the Gulf of Mexico to mile two hundred thirty-two point four above the Head of Passes.
Acts 1986, No. 83, §1, eff. June 17, 1986; Acts 1989, No. 21, §1, eff. June 14, 1989; Acts 1999, No. 634, §1.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3404. Bonds

RS 34:3404 - Bonds
Any public trust of which the state is the beneficiary is hereby authorized to issue revenue bonds on behalf of the department for any purpose authorized under this Chapter payable out of and secured by any part or all of the revenues, tolls, charges, user fees, and receipts derived or to be derived by the department pursuant to this Chapter, or from any other sources whatsoever, including, but not by way of limitation, other monies which, by law or contract, may be made available to the department. Said bonds shall be issued in accordance with the requirements of the public trust act, R.S. 9:2341 through 2347; however, the requirements of R.S. 9:2347(J) relating to legislative approval and inclusion of the project in a capital budget shall not apply to the revenue bonds or project authorized hereby.
Acts 1986, No. 83, §1, eff. June 17, 1986.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3405. Coordination and cooperation

RS 34:3405 - Coordination and cooperation
A. It is the policy of this Chapter that the Mississippi River Deepening Project be pursued so that there is full coordination and cooperation between all federal and state entities that have complementing or overlapping interest and authority in the project. The secretary of the Department of Transportation and Development is authorized to coordinate all of the state and local governmental aspects of the project so that there is a long-term and orderly development and maintenance of the project.
B. The secretary of the Department of Transportation and Development is authorized to call upon the Department of Economic Development, the Board of Commissioners of the Port of New Orleans, the St. Bernard Port, Harbor and Terminal District, the Plaquemines Port, Harbor and Terminal District, the South Louisiana Port Commission, the Greater Baton Rouge Port Commission, and all other port commissions and districts and state agencies, departments, and political subdivisions of the state for full and complete cooperation and assistance in carrying out the provisions of this Chapter, and all such entities are hereby directed and it shall be their duty to cooperate and assist the department to the fullest possible extent.
Acts 1986, No. 83, §1, eff. June 17, 1986; Acts 1989, No. 21, §1, eff. June 14, 1989; Acts 2001, No. 8, §10, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3406. Construction of Chapter; controlling law

RS 34:3406 - Construction of Chapter; controlling law
To the extent that the provisions of this Chapter are inconsistent with any other provisions of any general statute or special act or parts thereof, the provisions of this Chapter shall be deemed controlling.
Acts 1986, No. 83, §1, eff. June 17, 1986.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3451. Definitions

RS 34:3451 - Definitions
As used in this Chapter, unless the context clearly indicates otherwise, the following definitions shall apply:
(1) "Construction or development project" means a program of construction or development, either new or continuing, that will be planned and implemented with the primary goal of improving ports and harbors in the state.
(2) "Department" means the Department of Transportation and Development.
(3) "Joint committee" means the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, functioning as a joint legislative committee.
(4) "Port authority" means the governing authority of any port area or port, harbor, and terminal district.
(5) "Port construction or development priority program" means the priority list of projects submitted by the department and approved by the joint committee pursuant to this Chapter.
Acts 1989, No. 452, §1, eff. June 30, 1989.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3452. Methodology for port project evaluation

RS 34:3452 - Methodology for port project evaluation
A.(1) Applications for funding of any port construction or development project may be submitted by any port authority on a quarterly basis, except as provided in R.S. 34:3456. Applications shall be submitted to the department no later than the first of March, June, September, and December of each calendar year for consideration of funding or funding obligation authority in the following fiscal years. Applications submitted in accordance with the provisions of this Chapter shall be subject to the provisions of R.S. 39:101 through 128. Information to be provided in the application shall include but not be limited to the following:
(a) Description of the project and demonstration of immediate need for the project.
(b) Preliminary project design and cost estimate.
(c) Description of project area.
(2) Project applications shall not be subjected to formal review and evaluation until the information required in the application has been submitted.
B. Applications shall be reviewed by the department and any other appropriate state agencies within sixty days after receipt of such applications by the department.
C. Procedures for review and evaluation shall be developed by the department. Prior to implementing the review and evaluation procedures, the department shall secure the approval of these procedures by the joint committee in accordance with the Administrative Procedure Act. The procedures and a set of guidelines for completing project applications shall be made available to eligible port authorities upon request.
D. The department may contract with the Louisiana State University Ports and Waterways Institute for any of the duties associated with the development of the port priority program, including but not limited to the development, review, and evaluation of plans and specifications, and the development of the port priority program list. However, development of and authority over the final determination of the port priority list shall remain with the department and the joint committee as provided in this Chapter.
E. The department shall insure that an inventory is maintained of ports, navigable waterways, and water transportation facilities, public and private, with respect to their location, capacities, and capabilities and serve as a clearinghouse for inquiries for ports and waterways information, data, and technical and research assistance.
F. The department shall have prepared each year a summary report containing projections of state, federal, local, and private financial requirements for expanding or renovating existing ports and waterways facilities, constructing new ones, and maintaining these facilities.
Acts 1989, No. 452, §1, eff. June 30, 1989; Acts 1998, 1st Ex. Sess., No. 161, §1, eff. May 7, 1998; Acts 2006, No. 18, §1, eff. May 4, 2006.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3453. Priority list of projects; public hearings; final program

RS 34:3453 - Priority list of projects; public hearings; final program
Each quarter, the department shall prepare and shall furnish a prioritized list of projects, based on the applications received by the department during that quarter, to the joint committee. The joint committee shall receive the prioritized list of projects from the department for each of the first three quarters of the year, and shall call a public hearing within thirty days of receiving the list in order to receive public testimony regarding any project on the list. At such hearing, the joint committee shall vote to either accept, reject, or modify the list. Each quarter, the department shall reprioritize the list of projects to reflect the cumulative list of projects recommended by the department. After application recommendations for the last quarter are made by the department, the department shall submit the final port construction and development priority program for the ensuing fiscal year to the joint committee for approval. Prior to the convening of the regular session of the legislature, the joint committee shall hold a public hearing for the purpose of reviewing the final program for the ensuing fiscal year. Prior to such hearing, the department shall publish the appropriate official notice in the necessary journals. The final program shall be based upon the anticipated revenues to be appropriated by the legislature or other funding obligation authority and the projects shall be listed in order of priority. When this final construction program is presented to the legislature for funding or funding obligation authority for the ensuing fiscal year, the legislature shall not add any projects to this final construction program. Any project recommended by the department and approved by the joint committee but for which funds are unavailable in the fiscal year for which it was approved shall remain on the prioritized list of projects and shall be carried forward to the next fiscal year. Such project shall retain its place on the prioritized list of projects and shall receive a higher priority over newly recommended projects in the next fiscal year.
Acts 1989, No. 452, §1, eff. June 30, 1989; Acts 1998, 1st Ex. Sess., No. 161, §1, eff. May 7, 1998; Acts 2006, No. 18, §1, eff. May 4, 2006.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3454. Supplemental list of projects

RS 34:3454 - Supplemental list of projects
The department also shall provide to the joint committee annually a supplemental list of projects proposed to be commenced or authorized within the ensuing four years which are in various stages of planning and preparation. The supplemental list shall be subject to change by the department until the department finally approves each project for construction.
Acts 1989, No. 452, §1, eff. June 30, 1989; Acts 1998, 1st Ex. Sess., No. 161, §1, eff. May 7, 1998; Acts 2006, No. 18, §1, eff. May 4, 2006.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3455. Projects undertaken by the department

RS 34:3455 - Projects undertaken by the department
A. After adoption of the department's recommendations by the joint committee, the approved list of projects shall be forwarded to the department for implementation. The approved list shall be implemented by the department by the use of funds appropriated, funding obligation authority, or pursuant to the cash management program as provided by R.S. 48:251(D). Funding or funding obligation authority shall be allocated to projects in accordance with the prioritized list of projects approved by the joint committee. Funding obligation authority may be granted or authorized for a project from funds appropriated or obligated for another project or projects within the Port Priority Construction and Development Program provided that such authority does not impede such project or projects. Such funding obligation authority shall be extinguished for a project at such time as funds are made available for obligation for the project. The department shall not delete, add, or substitute any projects for those approved by the joint committee, except as provided in R.S. 34:3456; however, the secretary of the department may, at his discretion, authorize projects to be undertaken and financed due to an emergency out of the secretary's emergency fund.
B. No port project shall be undertaken by the department except those included in the approved program listing which are funded or which have funding obligation authority for that fiscal year with the exception of projects undertaken and financed out of the secretary's emergency fund.
Acts 1989, No. 452, §1, eff. June 30, 1989; Acts 1998, 1st Ex. Sess., No. 64, §2, eff. July 1, 1998; Acts 1998, 1st Ex. Sess., No. 161, §1, eff. May 7, 1998; Acts 2006, No. 18, §1, eff. May 4, 2006.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3456. Commencement of projects; substitutions; Port of New Orleans

RS 34:3456 - Commencement of projects; substitutions; Port of New Orleans
A. The projects planned for the year for which appropriations have been made or which have funding obligation authority shall be commenced in that year; however, if a project cannot be commenced within the year for which it is authorized, the secretary of the department shall file with the project records a public statement as to the factors causing the delay, and the next priority project shall be substituted therefor. When the delaying factors have been overcome, the delayed project shall be placed in the highest priority for the next ensuing fiscal year. Projects which have been funded or which have obligation authority shall retain such funding or authority until the project is completed and the project costs are liquidated.
B. The Port of New Orleans or its successor shall be prohibited from participating in the port priority program for five consecutive years from the first fiscal year in which such priority program is funded by the legislature only if, as, and when House Bill No. 80 of the 1989 Regular Session of the Legislature is finally adopted and approved by the electorate*.
Acts 1989, No. 452, §1, eff. June 30, 1989; Acts 1998, 1st Ex. Sess., No. 161, §1, eff. May 7, 1998.
*NOTE: SEE NOW CONST. ART. VII, §27.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3457. Allocation, reallocation of funds; deposit to Transportation Trust Fund

RS 34:3457 - Allocation, reallocation of funds; deposit to Transportation Trust Fund
A. The Transportation Trust Fund shall be the source of state funds provided for any port project on the priority list approved pursuant to the provisions of this Chapter. Prior to the commencement of any work, the department shall require the presiding officer of each port authority involved in a project to execute an agreement and statement of sponsorship to provide a ten percent local match for the cost of construction of the project including the cost of any items stipulated under the provisions of Paragraph (1) of this Subsection. The department shall further stipulate that such agreement include but not be limited to the following:
(1) Agreement by the port authority to furnish all lands, easements, rights of way, and spoil disposal areas necessary to construct, operate, and maintain the project without cost to the state, unless such lands, easements, rights of way, and spoil disposal areas are critical to the project being applied for.
(2) Agreement by the port authority to furnish all engineering services for the project, including consultant engineering services, if required, without cost to the state, unless such services are provided by the department as authorized in R.S. 34:3458(B).
(3) Agreement by the port authority to assume all maintenance and operation costs for the project as may be required without cost to the state.
B. Any monies allocated for any project not needed for said project may be reallocated for the completion of any other project or projects specified. Any monies not needed for the completion of said projects shall be deposited in and credited to the Transportation Trust Fund.
Acts 1989, No. 452, §1, eff. June 30, 1989. Amended by Acts 1993, No. 476, §1; Acts 1998, 1st Ex. Sess., No. 161, §1, eff. May 7, 1998.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3457.1. Reimbursement for project construction

RS 34:3457.1 - Reimbursement for project construction
A sponsoring port authority may make application under the provisions of this Chapter to utilize its own funds for project construction and to be reimbursed by the Port Construction and Development Priority Program provided that all program criteria are met in accordance with the provisions of this Chapter, the project is listed in the recommended construction program, and all program criteria are met in accordance with the program's "Procedural Manual for Funded Projects" and the rules and regulations promulgated by the department to implement the provisions of this Chapter.
Acts 2006, No. 18, §1, eff. May 4, 2006.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3458. Preparation of plans and specifications; letting of bids for construction; supervision of construction

RS 34:3458 - Preparation of plans and specifications; letting of bids for construction; supervision of construction
A. Port authorities located in a parish with a population of fifty thousand persons or more shall be responsible for the preparation of plans and specifications for their respective port project. These authorities shall also be responsible for the letting of bids for construction, and the supervision of construction for all projects, all in accordance with the provisions of this Chapter.
B. For port authorities located in a parish with a population of less than fifty thousand persons, the department may prepare the necessary plans and specifications, may let the contract for bid, and may supervise the construction of the project.
Acts 1989, No. 452, §1, eff. June 30, 1989.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3459. Inspection

RS 34:3459 - Inspection
A. The department shall approve the engineering and construction plans for any proposed projects that are prepared by consultant or contract engineers for any recipient port authority. The department may inspect the construction of a project at any time to assure project compliance.
B. The department shall inspect a complete project with the consultant or contract engineer. The engineer shall certify that construction is in accordance with plans and specifications. The department may inspect a completed project at any time to assure that the project is being maintained in accordance with project specifications and agreements.
Acts 1989, No. 452, §1, eff. June 30, 1989.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3460. System of administration

RS 34:3460 - System of administration
Each recipient authority shall adopt a system of administration which shall require approval of the department for any expenditures made out of state and local matching funds, and no recipient authority shall expend any funds without the approval of the department. Each recipient authority shall adopt a system of administration which shall include the development of a capital improvement program on a selective basis, centralized purchasing of equipment and supplies, centralized accounting, and selective maintenance and construction based upon engineering plans and inspections. Funds appropriated for a project shall not be expended for any other purpose. All contracts for materials, construction, or services shall be advertised and awarded to the lowest responsible bidder in accordance with the provisions of R.S. 38:2212. However, a port may utilize the design-build method as permitted by R.S. 34:3523 for any port priority project that a notice of intent is advertised for in accordance with R.S. 34:3523 prior to December 31, 2015.
Acts 1989, No. 452, §1, eff. June 30, 1989; Acts 2012, No. 755, §1, eff. June 12, 2012.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3461. Audit of distribution to recipient port authorities

RS 34:3461 - Audit of distribution to recipient port authorities
The state monies distributed to the recipient authorities and the local matching funds shall be audited by the legislative auditor or a certified public accountant at least biennially pursuant to R.S. 24:513(A) and shall issue and distribute all audit reports pursuant to R.S. 24:516(A). To the extent that funds available to the legislative auditor permit, the audits of each recipient port authority of the use of the monies shall include an investigation of any failure to comply with the recommendations for planning, design, and construction adopted by the department. The recipient port authority shall certify annually to the legislative auditor that the funds made available under this Chapter have been expended in accordance with the standards established by law.
Acts 1989, No. 452, §1, eff. June 30, 1989.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3462. Report of any misuse of funds

RS 34:3462 - Report of any misuse of funds
If the legislative auditor determines that any expenditures by the recipient port authority have not been made in accordance with this Chapter, he shall promptly report the facts of such expenditure to the Legislative Audit Advisory Council. The council shall make further investigation of the matter as it deems necessary.
Acts 1989, No. 452, §1, eff. June 30, 1989.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3471. Definitions

RS 34:3471 - Definitions
As used in this Chapter, unless the context clearly indicates otherwise, the following definitions shall apply:
(1) "Department" means the Department of Transportation and Development.
(2) "Governmental entity" means the state or any political subdivision and the federal government as a cost share partner.
(3) "Joint committee" means the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, functioning as a joint legislative committee.
(4) "Office" means the office of multimodal commerce within the Department of Transportation and Development.
(5) "Waterway" means any navigable bayou, canal, channel, or river, or portion thereof.
(6) "Waterway dredging and deepening priority program" means the priority list of projects submitted by the office and approved by the joint committee pursuant to this Chapter.
(7) "Waterway project" means a program, either new or continuing, that is planned and implemented with the primary goal of dredging and deepening waterways in the state to include cost share projects with the federal government and construction and maintenance costs associated with dredging and disposing of dredged material.
Acts 2017, No. 382, §1, eff. July 1, 2017.
2023 Louisiana Laws › Revised Statutes › Title 34 - Navigation and Shipping › §34:3472. Methodology for dredging and deepening project evaluation

RS 34:3472 - Methodology for dredging and deepening project evaluation
A.(1) Applications for funding of any waterway project may be submitted by any governmental entity on a quarterly basis, except as provided in R.S. 34:3476. Applications shall be submitted to the office no later than the first of March, June, September, and December of each calendar year for consideration of funding or funding obligation authority in the following fiscal years. Applications submitted in accordance with the provisions of this Chapter shall be subject to the provisions of R.S. 39:101 through 128. Information to be provided in the application shall include but not be limited to the following:
(a) Description of the project and demonstration of immediate need for the project.
(b) Preliminary project design and cost estimate.
(c) Description of project area.
(2) Project applications shall not be subject to formal review and evaluation until the information required in the application has been submitted.
B. Applications shall be reviewed by the office and any other appropriate state agencies within sixty days after receipt of such applications by the office.
C. Procedures for review and evaluation shall be developed by the office. Prior to implementing the review and evaluation procedures, the office shall secure the approval of these procedures by the oversight committees in accordance with the Administrative Procedure Act. The procedures and a set of guidelines for completing project applications shall be made available to eligible governmental entities upon request.
D. The office may contract for any of the duties associated with the development of the waterway dredging and deepening priority program, including but not limited to the development, review, and evaluation of plans and specifications, and the development of the waterway dredging and deepening priority program list. However, development of and authority over the final determination of the waterway dredging and deepening priority list shall remain with the department and the joint committee as provided in this Chapter.
E. The office shall insure that an inventory is maintained of waterways, public and private, with respect to their location, capacities, and capabilities and serve as a clearinghouse for inquiries for waterways information, data, and technical and research assistance.
F. The office shall have prepared each year a summary report containing projections of state, federal, local, and private financial requirements for dredging and deepening waterways.
Acts 2017, No. 382, §1, eff. July 1, 2017.