reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:81. Governor authorized to enter into contracts with federal authorities

RS 38:81 - Governor authorized to enter into contracts with federal authorities
A. The governor on behalf of the state or any state board, commission, agency, body politic or political subdivision or any section of the state may make and execute with any person, including the secretary of the army, the chief of engineers of the United States Army, or any other authorized representative of the federal government, any contract, agreement, arrangement, or undertaking, transaction, designed, or intended to carry out, effect, accomplish, or secure the benefits and obligations of any state or federal law, now existing or hereafter enacted, with respect to the control of flood waters, the navigation or use of the rivers flowing through this state or the reclamation, reforestation, soil preservation or protection and development of any lands, areas, or property situated in this state, the establishment of game sanctuaries, animal refuges, agricultural experimental or development projects, the development of our waterways, lowlands, drainage areas, storage basins, reservoirs, spillways, floodways, diversion channels for flood waters and areas, and all similar undertakings, whether specifically mentioned herein or not. The governor shall see to it that the interests of the state and its subdivisions, the rights and interests of its citizens and their property are adequately safeguarded and protected, as far as may be.
B. Whenever the governor acts on behalf of any state board, commission, political subdivision, or body politic, he shall transmit a copy of the written evidence of the agreement or contract certified by the secretary of state to the official custodian of the records of the board, commission, agency, or authority who shall file and record it in the records of its official proceedings. The agreement shall then become binding and effective upon the body or agency as if duly and regularly considered, authorized, adopted, executed, and ratified by the body or agency.
C. The governor may utilize to whatever extent they are empowered by law to function the various levee boards or boards of levee commissioners of this state, the Department of Transportation and Development, the Coastal Protection and Restoration Authority, the Coastal Protection and Restoration Authority Board, or any other state board, commission, agency, or political subdivision. These authorities shall, to the fullest extent of their capacity, fully cooperate and coordinate their efforts under his direction in carrying out and accomplishing the obligations and requirements of the agreements and undertakings.
Amended by Acts 1952, No. 127, §13; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2012, No. 604, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:82. Governor authorized to accept lands under federal flood control act

RS 38:82 - Governor authorized to accept lands under federal flood control act
The governor may accept, for and in behalf of Louisiana, lands from the United States Government, as provided by Sections 3 and 4 of the Flood Control Act passed by the Seventieth Congress and approved on May 15th, 1928,1 under terms and conditions mutually agreed upon by the authorized representatives of the United States Government and himself.
133 U.S.C.A. §§702c, 702d.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:83. Governor authorized to enter contracts

RS 38:83 - Governor authorized to enter contracts
The governor may enter into any other contract with the authorized officials and representatives of the United States Government, which may become necessary to make effective in Louisiana the provisions of the Flood Control Act and to secure for the state the aid and relief provided for in the Act. To this end the governor may do and perform any act or thing which, in his judgment, may become necessary to obtain the relief provided for by the Flood Control Act.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:84. Parishes and municipalities authorized to comply with federal flood insurance act

RS 38:84 - Parishes and municipalities authorized to comply with federal flood insurance act
A. In order to secure for the citizens of the state of Louisiana the flood insurance coverage provided for by the National Flood Insurance Act of 1968, 42 USC 4001 et seq., all of the parishes and municipalities of the state may adopt such ordinances, rules, and regulations, including zoning and land use regulations, as are necessary to comply with the requirements of said Act and the regulations adopted pursuant thereto by the Federal Emergency Management Agency.
B. The office of engineering shall cooperate with the Federal Insurance Administrator of the Federal Emergency Management Agency in the planning and carrying out of state participation in the National Flood Insurance Program and shall aid, advise, and cooperate with parishes and municipalities endeavoring to qualify for participation in said program.
C. Before construction of any project for local flood protection, or any project for hurricane or storm damage reduction which involves federal assistance from the Secretary of the United States Army, the local parish or municipality shall agree to participate in and comply with all applicable federal flood plain management and flood insurance programs, as required by 33 U.S.C. 701b-12.
D. Each parish and each municipality shall agree to participate in and comply with all applicable provisions of the federal flood plain management and flood insurance programs, as required by 33 U.S.C. 701b-12, before construction of any project for local flood protection or any project for hurricane or storm damage reduction which involves or receives federal assistance.
Added by Acts 1971, No. 116 §2; Acts 2004, No. 130, §2; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2008, No. 189, §1, eff. July 1, 2008; Acts 2008, No. 296, §1, eff. June 17, 2008; Acts 2012, No. 753, §5.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:84.1. Required compliance with certain local ordinances relative to flood control

RS 38:84.1 - Required compliance with certain local ordinances relative to flood control
Each state agency, and each public and quasi-public agency of the state, shall, except with respect to the construction and maintenance of bridges and highways, comply with all ordinances, rules, and regulations, including zoning and land use regulations, adopted by any parish or municipality of the state pursuant to the authority of the National Flood Insurance Act of 1968, Title 42, United States Code, Sections 4001 through 4127.
Acts 1992, No. 356, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.1. Definitions

RS 38:90.1 - Definitions
As used in this Chapter, unless the context clearly indicates otherwise, the following terms shall have the meanings ascribed to them as follows:
(1) "Authority" means a parish or municipality, or both, authorized by law to perform governmental functions and any special district created for the purpose of drainage and/or flood control.
(2) "Bond commission" means the State Bond Commission or any other entity authorized to approve and/or issue bonds for a municipality, including without limitation, the Board of Liquidation, City Debt, which is the appropriate bond commission for the city of New Orleans and the Sewerage and Water Board of New Orleans.
(3) "Committee" means the Joint Legislative Committee on Transportation, Highways and Public Works.
(4) "Council" means the Legislative Audit Advisory Council.
(5) "Engineering activities" means functions which may include, but not be limited to, dams, reservoirs, levees, dikes, floodwalls, diversions, channel alterations such as snagging and channel straightening, on site detention, spillways, and land treatment.
(6) "Evaluation committee" means the Flood Control Project Evaluation Committee.
(7) "Municipal drainage authority" means the city of New Orleans and any special district or board located in such municipality, including but not limited to the Sewerage and Water Board of New Orleans, created for the purpose of drainage and/or flood control.
(8) "Office" means the office of engineering of the Department of Transportation and Development.
(9) "Program" means the flood control system which may include, but not be limited to, floodproofing, waterproofing, ring dikes, relocation assistance, information programs, formulation of codes, and engineering studies.
(10) "Project" means a program or engineering activity, either new or continuing, exclusive of modifications to drainage structures located within state highway rights-of-way, that will be planned and implemented with the primary goal being the reduction of existing flood damages.
(11) "Rural grant opportunity authority" means a municipality with a population of fewer than five thousand people or a parish with a population of fewer than fifty thousand people located in a rural area.
(12) "Rural Grant Opportunity Program" means a mechanism for a rural grant opportunity authority located in a rural area that lacks the financial ability to satisfy the local match requirements to participate in the Statewide Flood Control Program.
(13) "State highway right-of-way" means a right-of-way for highway purposes acquired by the state in full ownership or by servitude or easement and on which is located a roadway which is included in the state highway system.
Added by Acts 1982, No. 351, §1; Acts 1983, No. 696, §1. Acts 1984, No. 519, §1; Acts 1995, No. 607, §1, eff. June 18, 1995; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2011, 1st Ex. Sess., No. 5, §1; Acts 2012, No. 753, §5; Acts 2018, No. 384, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.2. Revision of flood information database by the Floodplain Evaluation and Management Commission

RS 38:90.2 - Revision of flood information database by the Floodplain Evaluation and Management Commission
A. Provided that sufficient funds are specifically appropriated to the office, no later than March 1, 2022, and at least once every five years thereafter, the Floodplain Evaluation and Management Commission, consisting of the Department of Transportation and Development, the Coastal Protection and Restoration Authority, the office of community development, the Governor's Office of Homeland Security and Emergency Preparedness, the Department of Environmental Quality, a member of the Association of Levee Boards of Louisiana, a member from the House Committee on Transportation, Highways and Public Works, a member from the Senate Committee on Transportation, Highways, and Public Works, the chairman of the Louisiana Soil and Water Conservation Commission or his designee, the commissioner of agriculture and forestry or his designee, and the secretary of the Department of Wildlife and Fisheries or his designee shall review and revise the statewide flood information database. The secretary of the Department of Transportation and Development or his designee shall serve as chairman of the commission. The database will be developed for the purpose of the systematic evaluation of drainage and flooding problems in the state. The commission shall review the development proposals in each area to ensure that no development in one parish or municipality will have a negative or detrimental effect in any other parish or municipality. In addition, the commission shall ensure that maintenance in any basin area across parish or municipal boundaries, including the clearing and de-snagging of the Amite and Comite Rivers, are performed according to any contractual obligations and state law.
B. The revision shall be based upon the most recent distribution of flood hazard areas and flood damages based on, but not limited to, the following:
(1) Drainage patterns within hydrologic units.
(2) Floodprone areas as defined by the one-hundred-year flood.
(3) Current development patterns and population density.
(4) Major drainage projects constructed within the preceding four years and identification of problem areas which could be improved.
(5) Estimates of economic impact of the loss sustained in the inundated areas.
(6) Coordinated statewide watershed evaluations.
C. If the Floodplain Evaluation and Management Commission fails to perform the review and revision of the statewide flood information database as required in Subsection A of this Section, the commission shall submit a written report to the committee prior to the beginning of the next regular legislative session to inform the committee of the specific reason for such failure.
Added by Acts 1982, No. 351, §1; Acts 2017, No. 360, §1; Acts 2018, No. 437, §1; Acts 2019, No. 246, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.3. Limits of projects

RS 38:90.3 - Limits of projects
The minimum amount the state shall set aside for a single project under the provisions of this Chapter shall be seventy thousand dollars.
Added by Acts 1982, No. 351, §1. Acts 1984, No. 519, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.4.1. Rural Grant Opportunity Program

RS 38:90.4.1 - Rural Grant Opportunity Program
A. Applications for funds in the Rural Grant Opportunity Program may be submitted by a rural grant opportunity authority. Applications shall be reviewed in accordance with R.S. 38:90.4(B).
B. Funds for the program shall not exceed twenty-five percent of the annual capital outlay appropriation of the legislature for the Statewide Flood Control Program. Unencumbered Rural Grant Opportunity Program funds shall be available for use in the Statewide Flood Control Program for rural authorities who do not qualify for grant program funding.
C. Information included in the application shall satisfy the requirements of R.S. 38:90.4(A)(1) and shall also include but is not limited to the following:
(1) A resolution from the authority declaring its financial inability to satisfy the local match required pursuant to R.S. 38:90.9(A)(4).
(2) Financial documentation to support its declaration of financial inability in the resolution shall include a sworn affidavit executed by the authority's private certified public accountant certifying that, after an examination of the authority's financial records, monies are not available out of the accumulated unreserved earnings generated by the authority to meet the Statewide Flood Control Program's ten percent local match requirement.
D. If the grant application is approved, the authority shall not be required to satisfy the ten percent local match for construction.
E. Federal matching projects shall not be eligible for funds in accordance with this Section.
F. No special district shall be eligible to participate in the Rural Grant Opportunity Program.
Acts 2018, No. 384, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.5. Report to Joint Legislative Committee on Transportation, Highways and Public Works; recommendation of the Flood Control Project Evaluation Committee; flood protection needs study; incremental funding of rural and urban projects

RS 38:90.5 - Report to Joint Legislative Committee on Transportation, Highways and Public Works; recommendation of the Flood Control Project Evaluation Committee; flood protection needs study; incremental funding of rural and urban projects
A. The final revision provided for in R.S. 38:90.2 by the Floodplain Evaluation and Management Commission shall be furnished to the committee and the Flood Control Project Evaluation Committee prior to the beginning of the 2022 Regular Session of the Legislature and every fifth year thereafter. However, that portion of the final revision encompassing the Amite River Basin shall be furnished to the committee and the Flood Control Project Evaluation Committee prior to the beginning of the 2020 Regular Session of the Legislature. Prior to each legislative session beginning with the 2023 Regular Session of the Legislature, the evaluation committee shall submit a recommended list of projects, including supporting data, to the committee. The committee shall conduct hearings to receive the revision of the flood information database called for in R.S. 38:90.2 and the recommendations from the evaluation committee.
B. The committee may employ a consultant to assist in the formulation of a statewide masterplan for flood control.
C. Pursuant to the development of a statewide master plan for flood control, the first priority in Fiscal Year 1990-91 for monies made available to the Statewide Flood-Control Program shall be used to conduct a statewide study to determine flood protection needs. The total cost of such study shall not exceed one hundred thousand dollars. The study shall address problem areas with proposed projects of one million dollars or greater and shall identify problems, study alternatives, and propose solutions.
D. The Department of Transportation and Development is authorized to provide for incremental funding of rural and urban projects by permanently suspending or eliminating the rule adopted in accordance with the Administrative Procedure Act relative to the Statewide Flood-Control Program, which requires that redistributed funds shall be sufficient to complete a project. Nothing in this Section shall be construed to affect the urban/rural distribution formula.
Added by Acts 1982, No. 351, §1; Acts 1990, No. 929, §1; Acts 1992, No. 422, §1; Acts 2017, No. 360, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.6. Public hearings; reports; review by legislature

RS 38:90.6 - Public hearings; reports; review by legislature
Prior to the convening of each regular session of the legislature, beginning with the 1984 regular session, the committee shall hold public hearings in locations convenient to each designated drainage basin for the purpose of reviewing projects for the coming fiscal year. Prior to each hearing, the office shall publish the appropriate official notice in the necessary journals which shall include a description of the affected areas. The committee shall prepare the final program for the coming fiscal year for submission to the legislature. When this final program is presented to the legislature for funding for the coming fiscal year any project which the legislature determines has not been selected in accordance with the methodology provided for in R.S. 38:90.4 may be deleted by the legislature. However, the legislature shall not add any projects to this final program nor shall the legislature make substitutions for projects which have been removed.
Added by Acts 1982, No. 351, §1. S.C.R. No. 4, 1986 1st Ex. Sess.; S.C.R. No. 2, 1988 1st Ex. Sess.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.7. Deletion, addition, or substitution of projects by office of engineering; progress reports required

RS 38:90.7 - Deletion, addition, or substitution of projects by office of engineering; progress reports required
After adoption of the committee's recommendations by the legislature, the approved list of projects shall be forwarded to the office of engineering for implementation subject to limitation of allocated funds. The office shall not delete, add, or substitute any projects for those approved by the legislature; 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. At least semiannually or more often, as required by the committee, the office shall summarize the progress to date on all projects previously approved and shall submit a recapitulation of all emergency projects for the preceding six-month period, outlining the nature of the emergency and the cost of each project.
Added by Acts 1982, No. 351, §1; Acts 1998, 1st Ex. Sess., No. 64, §3, eff. July 1, 1998; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §5.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.8. Notification to proper authority of project status by office of engineering

RS 38:90.8 - Notification to proper authority of project status by office of engineering
After receipt of the list of projects adopted by the legislature, the office shall determine if each project lies solely within the jurisdiction of one authority or is partially located within other authorities. The office shall notify each authority affected by the projects in the plan of the status of each project.
Added by Acts 1982, No. 351, §1; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §5.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.9. Statement of sponsorship

RS 38:90.9 - Statement of sponsorship
A. Prior to the commencement of any work, the office shall require the presiding officer of each authority involved in a project to execute a statement of sponsorship. The statement of sponsorship shall include but not be limited to the following:
(1) Agreement to furnish all lands, easements, rights-of-way, permits, and spoil disposal areas necessary to construct and maintain the project without cost to the state.
(2) Agreement to assume all maintenance and operation costs for the project and all future alterations as may be required without cost to the state.
(3) Agreement to accomplish all necessary utility and any other facility relocations, alterations, and maintenance without cost to the state.
(4) Agreement to provide at least a ten percent local match for cost of the project; however, the Statewide Flood Control Program may provide funds for the total cost for any modifications to drainage structures located within state highway rights-of-way. Where practical, the local levee board may authorize payment of part or all of the local authority's costs.
B. A sponsoring authority that is an eligible rural grant opportunity authority and lacks the financial ability to satisfy the local match required to participate in the Statewide Flood Control Program may apply for funds pursuant to R.S. 38:90.4.1.
Acts 1983, No. 224, §1; Acts 1995, No. 607, §1, eff. June 18, 1995; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2018, No. 384, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.10. Preparation of plans and specifications; letting of bids for construction; supervision of construction

RS 38:90.10 - Preparation of plans and specifications; letting of bids for construction; supervision of construction
A. Sponsoring authorities with a population of fifty thousand persons or more shall be responsible for the preparation of plans and specifications for their respective projects. These authorities shall also be responsible for the letting of bids for construction, and the supervision of construction for all projects in accordance with the provisions of this Chapter.
B. For sponsoring authorities with a population of less than fifty thousand persons, the office may prepare the necessary plans and specifications, may let the contract for bid, and may supervise the construction of the project.
Acts 1983, No. 224, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.11. Inspections; operation and maintenance; file of project plans

RS 38:90.11 - Inspections; operation and maintenance; file of project plans
A. The office shall approve the engineering and construction plans for the proposed projects that are prepared by consultant engineers for project sponsors. The office may inspect the construction of a project at any time to reasonably assure project compliance. The consultant engineer shall certify the compliance to assure that:
(1) The contractor is substantially complying with the engineering plans and specifications of the project.
(2) The contractor is constructing the project with quality materials and using sound engineering principles.
B. The office shall inspect a completed project with the consultant engineer. The consultant engineer shall certify that construction is in accordance with plans and specifications.
C. Upon completion of the project, the office shall provide an operation and maintenance manual to the sponsor. For projects completed under the supervision of a consultant engineer, the consultant shall complete and provide an operation and maintenance manual to the sponsor. The office may inspect a completed project at any time to assure that the facility is being maintained in accordance with the standards of operation and maintenance manual and as described in the statement of sponsorship.
D. The office shall maintain a file of applications, plans, and Statements of Sponsorship for each project proposed for funding under provisions of this Chapter.
E. Each authority must maintain its projects in accordance with the approved maintenance manual for not less than three years in order to retain eligibility for funding of any subsequent project.
Added by Acts 1982, No. 351, §1; Acts 1983, No. 224, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.12. Certification of recipient authority; federal matching projects; exceptions; reimbursement for project construction

RS 38:90.12 - Certification of recipient authority; federal matching projects; exceptions; reimbursement for project construction
A. To receive and distribute any amounts appropriated to implement the provisions of this Chapter, the recipient authority shall certify to the state, with respect to projects within its jurisdiction, that said recipient authority shall provide, out of local revenues, funds for such projects in an amount which is at least ten percent of the amount necessary to construct the project. However, the cost of modifications to drainage structures located within state highway rights-of-way shall be exempt from the requirement for local matching funds. A sponsoring authority shall not utilize state funds, other than revenue sharing dollars, from any source in accomplishing its local match.
B. The recipient authority shall submit its share of project construction funds prior to the awarding of a contract in all instances in which the office of engineering is performing the contract operation and administration.
C.(1) A sponsoring authority may make application under the provisions of this Chapter to receive a portion of the funds required to participate in a federal matching program. The state's participation shall not exceed seventy percent of the funding from sources other than the federal government. The state's participation shall be in accordance with the guidelines and procedures adopted pursuant to the provisions of this Chapter, except the provisions of R.S. 38:90.9(1) and (3). The provisions of this Paragraph shall apply to all federal matching projects funded through the Statewide Flood-Control Program.
(2) A sponsoring authority may make application under the provisions of this Chapter to utilize its own funds for project construction and to be reimbursed by the Statewide Flood-Control Program provided that:
(a) All program criteria are met in accordance with the provisions of this Chapter, and the project is listed in the recommended construction program;
(b) All program criteria are met in accordance with the program's "Guidelines and Procedures" and the "Procedural Manual for Funded Projects";
(c) Funding should become available in accordance with the funding distribution formula and the prioritization methodology of the program which allows for funding for a period of four years; and
(d) Funding should become available within four years of acceptance of the work.
D, E. Repealed by Acts 1999, No. 999, §2, eff. July 9, 1999.
Added by Acts 1982, No. 351, §1. Amended by Acts 1983, No. 224, §1; Acts 1984, No. 519, §1; Acts 1985, No. 388, §1; Acts 1985, No. 963, §1; Acts 1990, No. 255, §1; Acts 1990, No. 929, §1; Acts 1992, No. 422, §1; Acts 1993, No. 98, §1, eff. May 26, 1993; Acts 1995, No. 607, §1, eff. June 18, 1995; Acts 1999, No. 999, §§1, 2, eff. July 9, 1999; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §5.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.13. System of administration

RS 38:90.13 - System of administration
Each recipient authority shall adopt a system of administration which shall require approval of the governing authority for any expenditures made out of state and local matching funds and no member of the recipient authority shall expend any funds in his ward or district without the approval of the governing authority. 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.
Added by Acts 1982, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.14. Audit of distribution to recipient authorities

RS 38:90.14 - Audit of distribution to recipient authorities
The state monies distributed to the recipient authorities and the local matching funds shall be audited by the legislative auditor at least biennially. To the extent that funds available to the legislative auditor permit, the audits of each recipient 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 legislature. The recipient 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.
Added by Acts 1982, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:90.15. Report of any misuse of funds

RS 38:90.15 - Report of any misuse of funds
Upon audit of the monies expended by any recipient authority for projects in the Statewide Flood Control Program, if the legislative auditor determines that all expenditures 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.
Added by Acts 1982, No. 351, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:91. Creation of the Louisiana Water Resources Information Center

RS 38:91 - Creation of the Louisiana Water Resources Information Center
A. The Department of Transportation and Development, office of engineering, is hereby directed to establish and create a Louisiana Water Resources Information Center to be administered by and housed in the office of engineering and to implement an indexing and data accessing system that will contain, in part, all information past, present, and future for water and water-related resource data so collected by federal, state, and local agencies in the state of Louisiana.
B. The Louisiana Water Resources Information Center, within the Department of Transportation and Development, office of engineering, shall promulgate rules necessary to develop a program that will index or access all water-related resources data from the various host federal, state, and local agencies so as to serve as a central access point for all Louisiana water data, making said data more available, thereby reducing duplication of collection of said water data and increasing its use.
Added by Acts 1983, No. 224, §1; Acts 1999, No. 999, §1, eff. July 9, 1999; Acts 2006, 1st Ex. Sess., No. 6, §4; Acts 2012, No. 753, §5.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:100. Object and purpose

RS 38:100 - Object and purpose
It is the object and purpose of this Chapter to provide for participation by the state of Louisiana in the Westwego to Harvey Canal hurricane protection project, for modifications of the Westwego to Harvey Canal hurricane protection project to include the Lake Cataouatche area, the East of Harvey Canal hurricane protection project, and for any other future project modifications or additions within the parishes of Jefferson, Orleans, Plaquemines, and St. Charles. It is further the object of this Chapter to designate the Coastal Protection and Restoration Authority Board as the nonfederal sponsor for the construction of the projects and to furnish the United States such assurances and cooperation as may be required by the Congress of the United States that the department will:
(1) Provide such lands, servitudes, and rights-of-way necessary for the construction, operation, replacement and rehabilitation, maintenance, and mitigation of the projects, including borrow and excavated material disposal areas.
(2) Accomplish all necessary alterations and relocations to roads, railroads, pipelines, cables, wharves, and other facilities required by the construction of the projects.
(3) Hold and save the United States free from damages due to the construction of the projects in certain circumstances.
(4) Share the portion of the costs that are required by the Congress.
(5) Provide other assurances and cooperation as may be required by the Congress.
(6) Authorize the department to repay to the United States, with interest, the nonfederal share of the construction of the projects.
Acts 1993, No. 1012, §1, eff. June 25, 1993; Acts 2008, No. 503, §1; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:102. Powers

RS 38:102 - Powers
A. The Coastal Protection and Restoration Authority Board and the Coastal Protection and Restoration Authority may do all things necessary to carry out the purposes of this Chapter, including but not limited to the things expressly provided for in this Section.
B. The Coastal Protection and Restoration Authority Board and the Coastal Protection and Restoration Authority may enter into contracts and agreements of any nature for the purposes of this Chapter with any person either natural or artificial, corporation, association, or other entity, including public corporations, levee districts, port authorities, state departments, agencies, parishes, municipalities, the United States government and agencies thereof, or any combination thereof or with instrumentalities of every kind, and may designate any department, agency, municipality, parish, levee district, and industrial district, or other political subdivision of the state as its agent to carry out the purposes of and the powers granted under this Chapter. The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may negotiate with and enter into contracts or other agreements with any such person or entity concerning the joint administration of the project, including jurisdictional aspects of the state's administration of the project, and providing lands, servitudes and rights-of-way, and the relocation of project facilities and may engage jointly in the exercise of any power and in the construction of any facilities and improvements for the purposes of the project on any basis, including matching of funds, which the participating entities may undertake under any provision of general or special law.
C. The Coastal Protection and Restoration Authority Board and the Coastal Protection and Restoration Authority may institute or defend in courts of competent jurisdiction, including for the purposes of this Chapter, the courts and administrative tribunals of the United States of America, any legal proceedings that may be necessary or required to compel compliance with this Chapter or any actions taken hereunder or that may arise out of the performance of the obligations and duties imposed by this Chapter.
D. The powers granted under this Chapter shall be regarded as supplemental to powers conferred on the Coastal Protection and Restoration Authority Board and the Coastal Protection and Restoration Authority by other laws.
Acts 1993, No. 1012, §1, eff. June 25, 1993; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2012, No. 604, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:103. Coordination and cooperation

RS 38:103 - Coordination and cooperation
A. It is the policy of this Chapter that the West Bank hurricane protection projects be pursued so that there is full coordination and cooperation between all federal and state entities that have complementing or overlapping interests and authority in the projects. The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority is authorized to coordinate all of the state and local governmental aspects of the projects so that there is an orderly development of the project.
B. The chairman of the Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority is authorized to call upon the West Jefferson Levee District, the Orleans Levee District, Plaquemines Parish, the Lafourche Basin Levee District, and all other 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 in carrying out the provisions of this Chapter to the fullest extent possible.
Acts 1993, No. 1012, §1, eff. June 25, 1993; Acts 2008, No. 503, §1; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2012, No. 604, §2, eff. June 7, 2012; Acts 2016, No. 459, §1.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:104. Construction of Chapter; controlling law

RS 38:104 - 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 1993, No. 1012, §1, eff. June 25, 1993.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:106. Object and purpose

RS 38:106 - Object and purpose
A.(1) It is the object and purpose of this Chapter to provide for participation by the state of Louisiana in the Lower Atchafalaya River interim flood protection project.
(2) It is further the object of this Chapter to designate the Coastal Protection and Restoration Authority Board as the nonfederal sponsor for the construction of the projects and to furnish the United States such assurances and cooperation as may be required by the Congress of the United States that the authority shall:
(a) Provide such lands, servitudes, and rights-of-way necessary for the construction, operation, replacement and rehabilitation, maintenance, and mitigation of the projects, including borrow and excavated material disposal areas.
(b) Accomplish all necessary alterations and relocations to roads, railroads, pipelines, cables, wharves, and other facilities required by the construction of the projects. Any owner or operator who is responsible for such necessary alterations or relocations shall be reimbursed for any and all expenses incurred by such alteration or relocation unless otherwise provided by contract or law.
(c) Hold and save the United States free from damages due to the construction of the projects in certain circumstances.
(d) Share the portion of the costs that are required by the Congress.
(e) Provide other assurances and cooperation as may be required by the Congress.
B. The Coastal Protection and Restoration Authority or the Coastal Protection and Restoration Authority Board shall repay to the United States, with interest, the nonfederal share of the construction of the projects.
Acts 1997, No. 698, §1, eff. July 7, 1997; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2016, No. 430, §4.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:107. Lower Atchafalaya River interim flood protection projects

RS 38:107 - Lower Atchafalaya River interim flood protection projects
A. For the purpose established in this Chapter and for the purposes of designating the Coastal Protection and Restoration Authority Board as the nonfederal sponsor for the construction of the Lower Atchafalaya River interim flood protection project, the chairman of the Coastal Protection and Restoration Authority Board may negotiate and contract with the United States to provide such assurances and cooperation as is necessary. The chairman of the Coastal Protection and Restoration Authority Board or executive director the Coastal Protection and Restoration Authority is authorized to contract for the construction of these projects and for the financing of the nonfederal share of the construction cost by the United States to be repaid by the state, with interest.
B. As the city of Morgan City has established contracts for the design and construction of these projects, and begun work with the Corps of Engineers, the secretary may establish a cooperative agreement with the city of Morgan City for the planning, engineering, design, and construction of the Lower Atchafalaya River interim flood protection projects on a reimbursable basis. Interim protection consists of levees, flood walls, and related structures, as may be economically justified for those portions of Terrebonne, Assumption, St. Martin, and St. Mary Parishes located on the Atchafalaya River generally in the vicinity of the cities of Morgan City and Berwick.
C. Upon completion of the construction of the Lower Atchafalaya interim flood protection project, the responsibility for maintenance and operation of the interim flood protection project shall be assumed by the Terrebonne, Assumption, St. Martin, and St. Mary parish governments and the cities of Morgan City and Berwick respectively for those portions of the system within each of the jurisdictions.
Acts 1997, No. 698, §1, eff. July 7, 1997; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2012, No. 604, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:108. Powers

RS 38:108 - Powers
A. The Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority may do all things necessary to carry out the purposes of this Chapter, including but not limited to the things expressly provided for in this Section.
B.(1) The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may enter into contracts and agreements of any nature for the purposes of this Chapter with any person, natural or artificial, corporation, association or other entity, including public corporations, levee districts, port authorities, state departments, agencies, parishes, municipalities, the United States government and agencies thereof, or any combination thereof or with instrumentalities of every kind, and may designate any department, agency, municipality, parish, levee district, and industrial district or other political subdivision of the state as its agent to carry out the purposes of the powers granted under this Chapter.
(2) The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may negotiate with and enter into contracts or other agreements with any such person or entity concerning the joint administration of the project, including jurisdictional aspects of the state's administration of the project, and providing lands, servitudes, and rights-of-way, the relocation of project facilities and may engage jointly in the exercise of any power and in the construction of any facilities and improvements for the purposes of the project on any basis, including matching of funds, which the participating entities may undertake under any provision of general or specific law.
C. The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may institute or defend in courts of competent jurisdiction, including for the purposes of this Chapter the courts and administrative tribunals of the United States, any legal proceedings that may be necessary or required to compel compliance with this Chapter or any actions taken hereunder or that may arise out of the performance of the obligations and duties imposed by the Chapter.
D. The powers granted under this Chapter shall be regarded as supplemental to powers conferred on the Coastal Protection and Restoration Authority Board or the Coastal Protection and Restoration Authority by other laws.
Acts 1997, No. 698, §1, eff. July 7, 1997; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2012, No. 604, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:109. Coordination and cooperation

RS 38:109 - Coordination and cooperation
A. It is the policy of this Chapter that the Lower Atchafalaya interim flood protection projects be pursued so that there is full coordination and cooperation between all federal and state entities that have complementing or overlapping interests and authority in the projects. The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may coordinate all of the state and local governmental aspects of the projects so that there is an orderly development of the project.
B. The chairman of the Coastal Protection and Restoration Authority Board or the executive director of the Coastal Protection and Restoration Authority may call upon the cities of Morgan City and Berwick, and all other 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 extent possible.
Acts 1997, No. 698, §1, eff. July 7, 1997; Acts 2009, No. 523, §2, eff. July 10, 2009; Acts 2012, No. 604, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 38 - Public Contracts, Works and Improvements › §38:110. Construction of Chapter; controlling law

RS 38:110 - 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 1997, No. 698, §1, eff. July 7, 1997.