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Rs 36:354 Powers And Duties Of Secretary Of Natural Resources

§354. Powers and duties of secretary of natural resources

A. In addition to the functions, powers, and duties otherwise vested in the secretary

by law, he shall:

(1) Represent the public interest in the administration of this Chapter and shall be

responsible to the governor, the legislature, and the public therefor.

(2) Determine the policies of the department except as otherwise provided by this

Title.

(3) Make, alter, amend, and promulgate rules and regulations necessary for the

administration of the functions of the department, except as otherwise provided by this Title.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the

functions and programs vested in the department, in the manner and to the extent provided

by this Title.

(5) Advise the governor on problems concerning the administration of the

department.

(6) Study existing energy policies of the state and formulate plans and advise the

governor and the legislature with respect to short and long-term energy policies of the state.

(7) Undertake, or in necessary cases, designate one of the offices within the

department or its assistant secretary to prepare all necessary studies regarding alternate fuel

sources for the state of Louisiana.

(8) Assist the institutions of higher learning in this state desiring to establish

programs dealing with the utilization of the natural resources of this state.

(9) Conduct or cause to be conducted public meetings for the purpose of receiving

suggestions from the public regarding the energy policy of the state.

(10) Act as the sole agent of the state or, in necessary cases, designate one of the

offices within the department or its assistant secretary to cooperate with the federal

government and with other state and local agencies in matters of mutual concern and in the

administration of federal funds granted to the state or directly to the department or an office

thereof to aid in the furtherance of any function of the department and its offices. For this

purpose he may take such actions, in accordance with applicable state law, necessary to meet

such federal standards as are established for the administration and use of such federal funds,

except as otherwise specifically provided in this Title or by the constitution and laws of this

state.

(11) Make reports and recommendations on his own initiative or upon request by the

governor, the legislature, or any committee or member thereof.

(12) Provide for the ongoing merger and consolidation of the agencies and functions

transferred to his department and submit a report thereon to the governor and the legislature,

which report shall accompany the budget request which he submits under provisions of R.S.

39:33. Such report shall include a statement of the goals of the department and of the

programs thereof and shall summarize the accomplishments of the department in meeting

such goals and implementing such programs. The report shall also contain a specific

statement of the reorganization and consolidation plan for the department for the next year

and shall include a report on the implementation of such reorganization and consolidation

plan for the previous year. The report concerning reorganization shall specifically detail the

extent to which the department has achieved goals stated the previous year with respect to

merger and consolidation of functions, abolition of agencies, consolidation of offices,

elimination of job positions, and efficiency and economy in delivery of services. The report

shall contain any recommendations with respect to organization which may require

legislative action under the provisions of this Title. A copy of the report and recommended

legislation shall also be submitted by the secretary to the presiding officer of each house of

the legislature. The presiding officer shall refer the report to the appropriate committee

having jurisdiction of the subject matter as provided in the rules of the respective house.

(13) Contract, if the secretary so desires, or, if the secretary deems necessary,

designate one of the offices within the department or its assistant secretary, under the

secretary's supervision, to do so, with private or public research organizations for the

purchase, out of funds available to the Department of Natural Resources, of services in

scientific, economic, and technological research, including but not limited to surveys,

studies, and experiments with a view toward protecting and replenishing the natural

resources of the state under the jurisdiction of the Department of Natural Resources, toward

preventing the waste, wasteful use, and wasteful utilization thereof, except as defined in R.S.

30:3, toward preventing the use of said natural resources in such a manner and in such

quantities as will threaten with premature exhaustion, extinction, and destruction of the

supply of these resources in the state, and toward the energy policy of this state, and to

prepare and implement plans and programs in relation thereto.

(14) Prepare an analysis of all potential gas prospects in the state and develop a plan

for state owned lands which will promote and encourage the exploration and production of

gas from such prospects for use in Louisiana.

(15) Set priorities for coastal energy impact program funds as provided in R.S.

49:213.10(D).

(16) Review all proposals for the lease or use of state property and resources within

the jurisdiction of the department to determine if they meet current policies regarding the

development and/or use of such property and resources, periodically review the activities of

lessees and users of such property and resources and ascertain if they likewise conform to

such current policies, and formulate programs, and take the necessary action through the

appropriate office of the department to implement his findings with respect thereto.

(17) Deposit or cause to be deposited in the state treasury receipts from royalties,

rentals, and bonuses derived from state lands under mineral leases or any other contract.

(18)(a) On an annual basis, provide all of the following information to the legislature

no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of

submission to the legislature and which shows each staff position, whether filled or vacant,

that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the

organizational chart.

(b) The secretary may submit the annual report required by this Paragraph in

electronic format and is further authorized, but is not required, to submit the report at the

time of submission of a report pursuant to Paragraph (11) of this Subsection.

B. The secretary shall have authority to:

(1)(a) Except as otherwise specifically provided in R.S. 36:801, R.S. 36:803, and

R.S. 36:806:

(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for

the efficient administration of the executive office of the secretary and the performance of

its powers, duties, functions, and responsibilities and such other personnel, who are not

assigned to an office, as may be necessary for the efficient administration of the department

and for the performance of the responsibilities, powers, duties, and functions of agencies

transferred to it;

(ii) Employ, assign, and remove all personnel employed for the department on a

contractual basis, and

(iii) Transfer the personnel of the department as necessary for the efficient

administration of the department and its programs.

(b) All of the above are to be accomplished in accordance with applicable civil

service laws, rules, and regulations, and with policies and rules of the Department of Natural

Resources, and all are subject to budgetary control and applicable laws.

(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and

commissions necessary in the administration of the department, except as otherwise provided

by law or by executive order.

(3) Employ such officers, agents, employees, and professional personnel, including

legal counsel, as he deems necessary for the performance of his powers and duties and

prescribe the powers and duties and fix the compensation of such officers, agents, employees,

and professional personnel.

(4) Contract upon such terms as he may agree upon, for legal, financial, engineering,

and other professional services necessary or expedient in the conduct of the affairs of the

Department of Natural Resources under the provisions of this Chapter.

(5) Utilize the services of the other executive departments in the executive branch

of the state government upon mutually agreeable terms and conditions.

(6) Represent, or designate the assistant secretary of the office of conservation to

represent, the state in all matters involving or affecting the interest of the state and its

residents, relative to energy and natural resources within the jurisdiction of the Department

of Natural Resources before all federal agencies, offices, and officials, and congressional

committees, and in all judicial actions arising out of the proceedings of such agencies,

offices, and committees or in relation thereto. Those employed or contracted with as

provided by this Section shall be entitled to represent the state and the secretary and to appear

in the courts and before agencies of this state or the agencies, officials, and courts of the

United States and of other states, to carry out the purposes of this Chapter.

(7) Accept and use, in accordance with law, gifts, grants, bequests, and endowments

for purposes consistent with the responsibilities and functions of the department and take

such actions as are necessary to comply with any conditions required for such acceptance.

(8) Obtain from the federal government and its agencies, the offices of the

Department of Natural Resources, and other state agencies any information and data

collected by such entities relating to energy, natural resources, or the environment, upon

mutually agreeable terms and conditions or as required by law; however, information and

data subject to nondisclosure under R.S. 44:4 shall maintain such status while in the custody

of the secretary.

(9) Formulate and promulgate rules of administration for the department relating to

employment and management.

(10) Establish in his office a capacity for policy analysis, development of information

and statistics, and generation of economic information relating to the natural resources and

environmental affairs of the state.

(11) Delegate to the deputy secretary any and all duties, functions, and authority of

the secretary as provided by this Title or other applicable laws.

(12) Do such other things not inconsistent with law, as are necessary to perform

properly the functions vested in him.

C. The provisions of this Chapter are not intended, nor shall they be construed to

affect the statutory duties, functions, and responsibilities of the attorney general with respect

to the department and the agencies reorganized thereunder as provided by R.S. 30:132, R.S.

41:3, and R.S. 56:1477.

D. The procedures set forth in the Administrative Procedure Act shall be utilized for

the adoption, promulgation, amendment, or rescission of rules and regulations authorized in

this Section.

E. The secretary or his designee shall perform and exercise the following powers,

duties, functions, and responsibilities relative to land, water, and research, all in accordance

with law:

(1) Plan and execute an energy research and development program, including but not

limited to research necessary to assist the secretary in the formulation of energy plans and

policy and the administration and implementation of energy conservation programs, and

other energy studies, all in accordance with law. Specifically excluded from these functions

are the functions of the secretary as provided in R.S. 36:354(B)(10). In implementing these

functions the secretary or his designee may conduct a program to disseminate information

relating to energy for the citizens of Louisiana whereby they can be advised of methods to

conserve energy.

(2) Administer and implement laws relating to the foregoing, including without

limitation the laws relative to research and development of solar energy sources, building

energy conservation, including the regulation of training, certification, and quality control

of home energy raters throughout the state, and energy impacted area assistance; the laws

relative to coastal energy impact assistance; the laws relative to power plants and industrial

fuel use; the laws relative to the Underwater Obstruction Removal Program and the

Underwater Obstruction Removal Fund; and the laws relative to the Fishermen's Gear

Compensation Fund.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts

1983, No. 705, §1, eff. Sept. 1, 1983; Acts 1983, No. 590, §1, eff. July 14, 1983; Acts 1983,

No. 494, §1, eff. Sept 1, 1983; Acts 1986, No. 318, §1; Acts 1987, No. 736, §1; Acts 1989,

No. 282, §§2, 6, eff. June 27, 1989; Acts 1995, No. 95, §1, eff. June 12, 1995; Acts 1997,

No. 666, §1; Acts 2004, No. 219, §1; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts

2016, No. 557, §2.

NOTE: See Acts 1999, No. 599, §2, eff. July 1, 1999, relative to termination

date of Underwater Obstruction Removal Program (See R.S. 36:354(E)(2)

and R.S. 30:101.1 et seq.)

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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