Louisiana Hurricane and Flood Protection Council Act of 2006 - Establishes the Louisiana Hurricane and Flood Protection Council.
Directs the Council to: (1) manage and oversee the implementation of a system-wide, comprehensive plan for Corps of Engineers projects that addresses hurricane protection, flood control, coastal and ecosystem restoration, storm surge damage reduction, or navigation in any area along the Louisiana coast in which a major disaster relating to Hurricane Katrina or Hurricane Rita was declared by the President on or after August 29, 2005, in accordance with the comprehensive hurricane protection program authorized by Congress during 2005; (2) establish and carry out a 20-year demonstration program for the study, design, integrated implementation, and system-wide management of any project or component of a Corps project in such disaster area; and (3) develop recommendations for an emergency strategy to repair infrastructure relating to projects under the plan and to supplement the Corps' authority in any Louisiana area affected by a major disaster or emergency declared by the President to exist during the demonstration program period.
Requires each Corps' study in the disaster area authorized during the period of such program to be conducted in accordance with it. Prohibits the Corps from implementing a report or recommendation of the Council until it is approved by specified congressional committees.
Terminates the Council on December 31, 2026.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5448 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5448
To establish the Louisiana Hurricane and Flood Protection Council for
the improvement of hurricane and flood protection in Louisiana.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2006
Mr. Jindal introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish the Louisiana Hurricane and Flood Protection Council for
the improvement of hurricane and flood protection in Louisiana.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Louisiana Hurricane and Flood
Protection Council Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Louisiana
Hurricane and Flood Protection Council established by section
3(a).
(2) Disaster area.--The term ``disaster area'' means any
area along the coast of the State of Louisiana in which a major
disaster relating to Hurricane Katrina or Hurricane Rita was
declared by the President to exist on or after August 29, 2005,
in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. ESTABLISHMENT OF COUNCIL.
(a) Establishment.--There is established a council to be known as
the ``Louisiana Hurricane and Flood Protection Council''.
(b) Purposes.--The purposes of the Council are--
(1) to manage and oversee each aspect of the implementation
of a system-wide, comprehensive plan for projects of the Corps
of Engineers (including the study, planning, engineering,
design, construction, operation, and maintenance of the
projects or components of projects and functions or activities
of the Corps of Engineers relating to other projects) that
addresses hurricane protection, flood control, ecosystem
restoration, storm surge damage reduction, or navigation in the
disaster area that--
(A) on a system-wide basis, as the Council
determines to be practicable, coordinates and
integrates projects or components of projects that
comprehensively implement activities for hurricane
protection, flood control, ecosystem restoration, storm
surge damage reduction, and navigation projects in
order to--
(i) ensure consistency and efficiency
between projects and components of projects;
(ii) enhance project effectiveness and the
overall effectiveness of the larger
comprehensive plan; and
(iii) ensure that projects and components
of projects of the comprehensive plan are
implemented in an efficient, timely, and
reliable manner to maximize results and reduce
costs in implementing projects or components of
projects;
(B) restores and reconstructs critical coastal
wetlands;
(C) protects the disaster area from future flooding
and reduces storm damage and devastation caused by
hurricanes;
(D) provides for navigational interests; and
(E) ensures that each project for the construction
of a segment of the southeast Louisiana hurricane
protection system conforms to safety standards that
account for--
(i) current understanding of the structural
design of levees and floodwalls;
(ii) geotechnical characteristics of the
site of the project;
(iii) mechanisms to address potential
failures of the system; and
(iv) hydrology and hydraulics for a range
of storm and flood events; and
(2) through the demonstration program established under
section 4(b), to manage each aspect of the implementation of
projects of the Corps of Engineers in the disaster area
(including the study, planning, engineering, design,
construction, operation, and maintenance of such projects or
components of projects and functions or activities of the Corps
of Engineers relating to other projects), including projects
for--
(A) hurricane protection;
(B) flood control;
(C) coastal and ecosystem restoration;
(D) storm surge damage reduction; and
(E) navigation.
(c) Membership.--
(1) Composition of council.--
(A) Definition of expertise.--In this paragraph,
the term ``expertise'', with respect to a field of work
or study, means--
(i) at least 10 years of professional
experience in the field of work or study; or
(ii) a master's degree (or the equivalent)
in the field of work or study.
(B) Composition.--The Council shall be composed of
9 members appointed by the President, of whom--
(i) 3 members shall be selected from the
Corps of Engineers, 1 of whom shall be
appointed by the President, by and with the
advice and consent of the Senate (unless the
member is already confirmed by the Senate), as
Chairperson of the Council; and
(ii) 6 members shall be selected from
individuals who are not otherwise employed by
the Federal Government or a State government,
of whom--
(I) 2 members shall have expertise
in civil engineering relating to
hurricane and flood protection;
(II) 2 members shall have expertise
in the environment relating to--
(aa) the interaction of
saltwater and freshwater
estuaries; and
(bb) coastal ecosystem
restoration;
(III) 1 member shall have expertise
in civil engineering relating to
navigation; and
(IV) 1 member shall have expertise
in fiscal matters relating to project
management.
(C) Suggestions of governor.--The Governor of
Louisiana may suggest to the President nominees for
consideration for appointment to the Council under
subparagraph (B)(ii).
(D) Louisiana residence or work required.--Of the
members of the Council appointed under subparagraph
(B)(ii), at least 2 members shall--
(i) have resided in the State of Louisiana
for not less than 2 years and have expertise in
the field of work or study of the member; or
(ii) have worked in the applicable field of
expertise in the State of Louisiana for not
less than 2 years.
(2) Date of appointments.--The appointment of a member of
the Council shall be made not later than 30 days after the date
of enactment of this Act.
(d) Term; Vacancies.--
(1) Term.--
(A) Corps of engineers.--A member appointed under
subsection (c)(1)(B)(i) (or a designee of such a
member) shall be appointed for the life of the Council,
subject to removal by the President.
(B) Non-federal employees.--A member appointed
under subsection (c)(1)(B)(ii) shall be appointed for a
term of 5 years and may be reappointed, except that, of
the members first appointed--
(i) of the members appointed under
subsection (c)(1)(B)(ii)(I), 1 member shall be
appointed for a term of 4 years; and
(ii) of the members appointed under
subsection (c)(1)(B)(ii)(II), 1 member shall be
appointed for a term of 4 years.
(2) Vacancies.--A vacancy on the Council--
(A) shall not affect the powers of the Council; and
(B) shall be filled not later than 30 days after
the date on which the vacancy occurred in the same
manner as the original appointment was made.
(e) Initial Meeting.--Not later than 30 days after the date on
which the majority of members of the Council have been appointed, the
Council shall hold the initial meeting of the Council.
(f) Meetings.--The Council shall meet at the call of the
Chairperson, who shall provide due notice of the meetings to members of
the Council.
(g) Quorum.--A majority of the members of the Council shall
constitute a quorum, but a lesser number of members may hold hearings.
(h) Vice Chairperson.--The Council shall select a Vice Chairperson
from among the members of the Council appointed under subsection
(c)(1)(B)(ii).
(i) Clerk.--
(1) In general.--The Council shall select a Clerk from
among the members of the Council appointed under subsection
(c)(1)(B)(ii).
(2) Duties.--The Clerk shall establish and maintain an
accurate record of--
(A) proceedings of the Council;
(B) information received by the Council; and
(C) reports or recommendations prepared by the
Council.
(j) Location.--The headquarters, general offices, and meetings of
the Council shall be at a location designated by the Secretary.
SEC. 4. DUTIES.
(a) Comprehensive Plan.--
(1) In general.--The Council shall manage and oversee each
aspect of the implementation of a system-wide, comprehensive
plan for projects of the Corps of Engineers in the disaster
area (including the study, planning, engineering, design,
construction, operation, and maintenance of the projects, and
functions and activities of the Corps of Engineers relating to
other projects or components of projects) in accordance with
the comprehensive hurricane protection program authorized by
Congress during 2005 to take a comprehensive approach to
improving hurricane protection, flood control, coastal and
ecosystem restoration, storm surge damage reduction, and
navigation in the disaster area.
(2) Requirements.--In managing and overseeing the plan
under paragraph (1), the Council shall--
(A) integrate, as the Council determines to be
practicable, projects and components of projects that
comprehensively implement activities for hurricane
protection, flood control, coastal and ecosystem
restoration, storm surge damage reduction, and
navigation in the disaster area;
(B) recommend priorities among the projects and
components of projects identified under the
comprehensive plan;
(C) establish a benefit/risk analysis for the
disaster area that properly accounts for risks posed to
high population areas to assist in prioritizing
projects described in subparagraph (A);
(D) review Corps of Engineers documents and prepare
recommendations and modifications for Congress to
enhance project or component effectiveness and the
overall larger comprehensive plan;
(E) request comments regarding, and propose
resolutions for, problems confronted in implementing
any project or component within the comprehensive plan;
and
(F) ensure that the comprehensive plan is
implemented in an efficient, timely, and reliable
manner to maximize results and reduce costs in
implementing projects described in subparagraph (A).
(b) Demonstration Program.--
(1) In general.--During the 20-year period beginning on the
date of enactment of this Act, the Council shall establish and
carry out a demonstration program for the study, design,
integrated implementation, and system-wide management of any
project or component of a project of the Corps of Engineers in
the disaster area, including the integration of projects
relating to--
(A) hurricane protection;
(B) flood control;
(C) coastal and ecosystem restoration;
(D) storm surge damage reduction; and
(E) navigation.
(2) Future disasters.--
(A) Recommendations.--
(i) In general.--In carrying out the
demonstration program under paragraph (1), the
Council shall develop, and submit to the
Committee on Environment and Public Works of
the Senate and the Committee on Transportation
and Infrastructure of the House of
Representatives, recommendations for an
emergency strategy to repair infrastructure
relating to projects or components of projects
under the comprehensive plan and to supplement
the authority of the Corps of Engineers under
any other law, in any area in Louisiana
affected by a major disaster or emergency
declared by the President to exist in
accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) during the
period of the demonstration program.
(ii) Requirements.--The recommendations
under clause (i) shall--
(I) be in accordance with the
comprehensive plan under subsection
(a); and
(II) include recommendations or
modifications regarding priorities of
the comprehensive plan as the
comprehensive plan relates to projects
or components of projects for purposes
of restoring, repairing, rebuilding, or
protecting affected disaster areas.
(B) Approval process.--The approval process
described in paragraph (3)(C)(ii) shall apply to
recommendations of the Council under subparagraph (A),
in accordance with paragraph (3)(C)(iii)(II)(bb).
(C) Effect of paragraph.--Nothing in this paragraph
affects any authority of the Corps of Engineers under
any other law, including section 5 of the Act of August
18, 1941 (commonly known as the ``Flood Control Act of
1941'') (55 Stat. 650; 69 Stat. 186).
(3) Corps of engineers studies.--
(A) In general.--Notwithstanding any other law
(including regulations), each study of the Corps of
Engineers in the disaster area authorized pursuant to a
study resolution of a Committee of Congress during the
20-year period beginning on the date of enactment of
this Act shall be conducted in accordance with the
demonstration program established under paragraph (1).
(B) Study reports.--Not later than 18 months after
the date on which a study under subparagraph (A) is
authorized, the Council shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report describing the
results of the study and any recommendations, including
modifications, of the Council.
(C) Implementation of recommendations.--
(i) In general.--The Corps of Engineers
shall not implement a report or recommendation
of the Council until the report or
recommendation is approved in the manner of a
study resolution by the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives
under clause (ii).
(ii) Approval process.--
(I) In general.--Not later than 120
days after the date of receipt of a
recommendation or report describing the
results of a study under subparagraph
(B), the Committee on Environment and
Public Works of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives shall determine whether
to adopt a resolution in the manner of
a study resolution approving each
report or recommendation submitted by
the Council.
(II) Additional information.--To
facilitate a Committee described in
subclause (I) in making a determination
under that subclause, the Council may
submit to the Committee such additional
information relating to a report or
recommendation of the Council as the
Committee may request, including
information from the Corps of
Engineers.
(III) Rescission of approval.--If
the Corps of Engineers fails to begin
the implementation of a report or
recommendation of the Council by not
later than 1 year after the date of
approval of the report or
recommendation, the Committee on
Environment and Public Works of the
Senate or the Committee on
Transportation and Infrastructure of
the House of Representatives, by
resolution, may rescind the approval of
the Committee of the report or
recommendation.
(iii) Period of effectiveness.--
(I) In general.--Except as provided
in subclause (II), the approval process
described in clause (ii) shall apply
only during the 6-year period beginning
on the date of enactment of this Act.
(II) Extension.--Notwithstanding
subclause (I), the approval process
described in clause (ii) shall apply
with respect to a report or
recommendation of the Council submitted
after the date that is 6 years after
the date of enactment of this Act if--
(aa) during the 2-year
period preceding the date on
which the report or
recommendation is submitted, a
major bill reauthorizing water
resource programs of the United
States has not been enacted; or
(bb) a major disaster or
emergency is declared by the
President to exist in
accordance with section 401 of
the Robert T. Stafford Disaster
Relief and Emergency Assistance
Act (42 U.S.C. 5170) in any
area of southeast Louisiana
after that date.
(iv) Effect of subparagraph.--The approval
process described in this subparagraph shall
apply only in a case in which such an approval
process is necessary, as determined by the
Committee, because of a major disaster or
emergency declared by the President to exist in
accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) after August 1,
2005, that caused a significant loss of life or
property.
(v) Federal share.--
(I) In general.--The Federal share
of the cost of implementing a
recommendation of the Council shall
be--
(aa) for the period of
fiscal years 2006 through 2016,
90 percent; and
(bb) for the period of
fiscal years 2017 and
thereafter for the life of the
demonstration program, 85
percent.
(II) Recommendations.--The Council
may make recommendations to reduce or
modify the cost share for any project
or component of a project in the
comprehensive plan.
(D) Effect of paragraph.--In implementing a report
or recommendation of the Council under this paragraph,
the Corps of Engineers may waive a requirement under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) only if the Council determines
that--
(i) an imminent threat to life requires the
waiver; and
(ii) the waiver will not result in
significant environmental damage.
(c) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council in carrying out this
Act.
SEC. 5. POWERS.
(a) Hearings.--The Council may hold such hearings, meet and act at
such times and places, take such testimony, and receive such evidence
as the Council considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Council may secure directly from a
Federal agency such information as the Council considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Council, the head of the agency shall
provide the information to the Council.
(c) Postal Services.--The Council may use the United States mails
in the same manner and under the same conditions as other agencies of
the Federal Government.
(d) Gifts.--The Council may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. COUNCIL PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Council who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Council.
(2) Federal employees.--A member of the Council who is an
officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Council.
(c) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Council without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, to remain available until expended.
SEC. 8. TERMINATION OF COUNCIL.
The Council shall terminate on December 31, 2026.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Water Resources and Environment.
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