1.This Act may be cited as the
Louisiana Hurricane and Flood
Protection Council Act of 2006
.
2.In this Act:
(1)The
term Council means the Louisiana Hurricane and Flood Protection
Council established by section 3(a).
(2)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)The
term Secretary means the Secretary of the Army.
3.
(a)There
is established a council to be known as the Louisiana Hurricane and
Flood Protection Council
.
(b)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; and
(D)provides for
navigational interests; 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)
(1)
(A)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)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)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 requiredOf 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)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)
(1)
(A)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)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)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)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)The
Council shall meet at the call of the Chairperson, who shall provide due notice
of the meetings to members of the Council.
(g)A
majority of the members of the Council shall constitute a quorum, but a lesser
number of members may hold hearings.
(h)The Council shall select a Vice Chairperson from
among the members of the Council appointed under subsection
(c)(1)(B)(ii).
(i)
(1)The Council shall select a Clerk from among the members
of the Council appointed under subsection (c)(1)(B)(ii).
(2)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)The
headquarters, general offices, and meetings of the Council shall be at a
location designated by the Secretary.
4.
(a)
(1)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)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)
(1)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)
(A)
(i)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)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)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)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)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)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)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)
(I)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)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)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)
(I)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)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)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)
(I)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)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)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)The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council in
carrying out this Act.
5.
(a)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)The Council may secure directly from a Federal agency
such information as the Council considers necessary to carry out this
Act.
(2)On request of the Chairperson of the Council, the
head of the agency shall provide the information to the Council.
(c)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)The
Council may accept, use, and dispose of gifts or donations of services or
property.
6.Council
personnel matters
(a)
(1)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)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)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)An employee of the Federal Government may be detailed to
the Council without reimbursement.
(2)The detail of the employee shall be without interruption
or loss of civil service status or privilege.
7.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this Act,
to remain available until expended.
8.The Council shall
terminate on December 31, 2026.