Louisiana § RS 38:2359 - Functions and responsibilities; Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority

§ RS 38:2359. Functions and responsibilities; Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority

            A. The authority shall administer the programs of the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board. The executive director may use his contracting authority, or the contracting authority of any state department or agency, to implement the provisions of this Chapter. His contracting authority shall include construction management at risk, operation and maintenance, design-build, design-build-operate and maintain, design-build-finance-operate and maintain, outcome-based performance contracts, or any combination of design, construction, finance, and services for operation and maintenance of any project authorized by the board, where appropriate. The Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority shall promulgate, through the Administrative Procedure Act, rules, regulations, or guidelines for the implementation of the contracting authority granted by the provisions of this Section. The Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority shall have the authority to execute and implement contracts entered into by the board.

            B. The authority shall implement projects in the upland area as approved by the board and consistent with the legislative intent of this Chapter. However, no project shall be undertaken except those included in an annual plan finally approved by the legislature in accordance with the provisions of R.S. 38:2354, regardless of the source of funds for the project, except in cases of projects undertaken and financed out of the emergency fund, established in the annual plan. An emergency for which such fund shall be used shall be defined by the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board and all funds shall be spent only in accord with procedures established by the authority board for such fund. All projects undertaken pursuant to the provisions of this Chapter shall be either funded through the Statewide Flood Program, the state general fund, or other sources of funding available to the authority, including but not limited to direct federal aid, grants, gifts, and other donations received by the state for the purposes of this Chapter.

            C. The authority shall:

            (1) Have oversight over the administration of all matters related to the study, planning, engineering, design, construction, extension, improvement, repair, and regulation of projects within its jurisdiction.

            (2) Take such other actions not inconsistent with law as are necessary to perform the functions of the authority.

            D. The authority may:

            (1) Negotiate and execute contracts, upon such terms as the authority may agree, for legal, financial, consulting, or other professional services or personal services necessary to the conduct of the authority. In addition, the authority may enter into contracts for engineering and construction services or agreements with the federal government, local governing authorities, political subdivisions, or with other public or private entities for the administration, implementation, or enforcement of integrated noncoastal projects, programs, or activities as directed by the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board.

            (2) Acquire by purchase, donation, or otherwise any land rights needed for integrated upland area projects and other property required for the operation of the projects that are to be owned and operated by the office or political subdivision of the state; provided, that any property acquired for any project may reserve the minerals to the landowners, whether private or public, in accordance with the provisions of R.S. 31:149.

            (3) Develop procedures to evaluate new and improved flood protection technologies.

            (4) Perform pre-construction and post-construction monitoring of projects that will be implemented or have been implemented by the office.

            (5) Coordinate its efforts with local governments, political subdivisions, interest groups, and the public.

            (6) Develop, implement, operate, maintain, and monitor plans and projects within its jurisdiction and consistent with the legislative intent of this Title.

            (7) Take any other action necessary to administer any plans, projects, policies, or programs consistent with the master plan or any annual plan, including but not limited to issuing bonds or incurring other debt obligations, provided that such bonds or other debt obligations shall be subject to the approval of and sold by the State Bond Commission in accordance with the provisions of R.S. 39:1403.

            (8) Utilize the services of the Natural Resources Trust Authority for funding support.

            E.(1) The board or the authority shall be authorized to solely utilize the science and technology capacity of Louisiana universities, the water institute, and other institutes within the state to enhance programs, projects, and activities for the following purposes:

            (a) To identify any uncertainty related to the physical, chemical, geological, biological, or cultural baseline conditions in the upland area.

            (b) To improve the knowledge of the physical, chemical, geological, biological, or cultural baseline conditions in the noncoastal area.

            (c) To identify and develop technologies, models, methods, and demonstrations to carry out the purposes of this Subsection.

            (2) In carrying out the provisions of this Subsection, the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority Board or the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority may enter into contracts and cooperative agreements with Louisiana universities, the water institute, or other institutes within the state as authorized in this Subsection to enhance relevant programs, projects, and activities.

            (3) For the purposes of this Subsection, the water institute shall mean The Water Institute of the Gulf, a 501(c)(3) nonprofit entity, incorporated on March 25, 2011, or its successors.

            F. Any rule, regulation, or guideline developed pursuant to this Subpart shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act.

            Acts 2025, No. 418, §1.