Louisiana Administrative Code
Title 56 - PUBLIC WORKS
Part III - Flood Control and Water Management
Subpart 1 - Water Resources and Flood Control
Chapter 3 - Statewide Flood Control Program
Subchapter A - Procedures for Implementing Statewide Flood Control Program
Section III-301 - Sequence
Universal Citation: LA Admin Code III-301
Current through Register Vol. 50, No. 9, September 20, 2024
A. This Section describes the sequence of events involved in implementing the Statewide Flood Control Program. The sequence begins and ends each year during the Regular Session of the Legislature. Specific procedures are described briefly in this Section and are presented more fully in the pre-application, application, and evaluation of proposed projects and distribution of funds sections of this document.
1. Pre-Application and Resolution.
Sponsoring authorities are to complete the pre-application, and must submit
their completed pre-applications and resolutions to the Department of
Transportation and Development, Office of Engineering, Public Works and Water
Resources (DOTD) not later than 4 p.m. on May 1. Pre-applications received
after May 1 will not be eligible for the program in the current year, but will
be eligible for review during the next year. Pre-applications must include
documentation of the flooding problem in order to be considered.
2. Evaluation Committee Review of
Pre-Applications (May 1-June 1)
a.
Pre-applications will be reviewed and screened by the Evaluation Committee. The
reasons for the review are to determine whether there is documented evidence of
flood damages; whether the sponsoring authority is requesting DOTD assistance
in preparing the full application; whether the proposed solution (if such a
solution has been developed at this time) is eligible for funding under this
program; and whether the sponsoring authority is willing to assume
responsibility for its share of the cost, including new rights-of-way,
operation and maintenance costs, and other obligations, within 4 years of
acceptance into the program.
b.
Ineligible projects under this program will include those which:
i. do not reduce existing flood
damages;
ii. encourage additional
development of flood prone areas;
iii. increase the likelihood of upstream,
downstream, or adjacent flood problems;
iv. have a total construction cost of less
than $100,000; or
v. primary
purpose is to provide protection against coastal storm surges.
c. All pre-applications that are
determined to be ineligible by the Evaluation Committee will be returned with
appropriate comments by June 1. All eligible pre-applications will remain on
file until a formal application is submitted or for a period of four subsequent
funding years. The pre-application evaluation criteria for DOTD assistance are
described in the Pre-Application Section.
d. Pre-applications that have been determined
to be eligible and that may move on to the application stage include:
i. pre-applications submitted by sponsoring
authorities with a population of more than 50,000;
ii. pre-applications from sponsoring
authorities to receive assistance from DOTD in the application stage;
iii. pre-applications from sponsoring
authorities eligible for assistance from DOTD in the application stage that
cannot be handled by DOTD in time for the current funding year that chose to
prepare their own applications.
iv.
pre-applications from sponsoring authorities seeking participation in the Rural
Grant Opportunity Program must meet the requirements of Subchapter D.
§327
e. Pre-applications
in the third group may be processed in the application stage by DOTD in time
for the next year's funding. Applications on which DOTD initiates work will
receive increased priority for assistance in application preparation in the
following funding years. The sponsoring authorities need not wait for DOTD
assistance. However, they may prepare and submit their own
applications.
f. At the end of the
pre-application review period, applicants will be notified of the status of
their pre-applications. The sponsoring authorities seeking DOTD assistance in
preparing an application will be informed by letter whether they:
i. will receive DOTD assistance in time for
the current funding cycle; or
ii.
will not receive assistance at this time and must compete for assistance again
the following year.
g.
Authorities completing their own applications may automatically move into the
application stage unless the proposed solution is not eligible as a project
under the program. If the proposed solution is not consistent with the
program's objectives, the Evaluation Committee may suggest alternative
solutions which must be addressed in order for the application to be
eligible.
3. Application
Preparation (June 1-October 1)
a. Applications
may be submitted anytime between June 1 and October 1, but must be received by
DOTD no later than 4 p.m. October 1, in order to be considered for funding
during the upcoming legislative session. Applications received after this
deadline will not be eligible for the current year's program. Applications for
which pre-applications were received and approved from the previous year(s) may
also be accepted during this period, provided all other procedures and
deadlines have been met and four years have not elapsed since the
pre-application submittal.
b. On
request, DOTD will prepare applications for eligible sponsoring authorities to
the extent possible. All applications must adhere to the methodologies
described in the instructions contained in the Statewide Flood Control
Procedures Manual.
4.
Evaluation Committee Review of Applications (October 1-April 1)
a. During this six-month period, the
Evaluation Committee will review and evaluate all completed applications in
order to make recommendations to the Joint Legislative Committee on
Transportation, Highways, and Public Works (Joint Legislative Committee) for
funding. Applications will be divided into urban and rural categories.
Applications for projects in the eleven urban areas comprise the urban
category, as shown in the Figure 1. and compete against all other urban
projects for funding. All other applications will be grouped by funding
district as shown in Figure 2. Proposed projects will be evaluated and ranked
based on criteria established by the Evaluation Committee.
b. Projects recommended to the Joint
Legislative Committee will include a mix of those occurring in each rural
funding district as well as those for urban areas of the state. The method for
allocating funding percentages within each district and the method for
allocating total program funds to the various districts are presented in
Subchapter D, Evaluation of Proposed Projects and Distribution of Funds.
5. Public Hearings (February-March). As part
of the application evaluation process, the Joint Legislative Committee will
hold public hearings in locations convenient to each funding district. The
purpose of the hearings will be to receive comments from the public on the
preliminary recommendations of the Evaluation Committee. After the hearings,
the Evaluation Committee will incorporate public comments into its evaluation,
complete the project evaluations, complete the project evaluations, and submit
a priority ordered list of projects to the Joint Legislative
Committee.
6. Legislative Process
(March-Regular Session). From the list of projects recommended by the
Evaluation Committee, the Joint Legislative Committee will recommend to the
legislature a construction program to be funded during the regular session.
Projects recommended by the Evaluation Committee but not funded will remain
active and will automatically be included in the recommended projects for the
next year and receive additional points in the evaluation scoring procedure.
Applications for projects that are not recommended will be returned to the
sponsoring authorities with reasons for rejection.
AUTHORITY NOTE: Promulgated in accordance with R.S. 38:90.1 et. seq.
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