EXECUTIVE ORDER MJF 98-42

EXECUTIVE ORDER MJF 98-42

Office of the Louisiana Oil Spill Coordinator


WHEREAS, The Oil Spill Prevention and Response Act (hereafter "the act"), set forth in R.S. 30:2451, et seq., was enacted by Act Number 7 of the 1991 First Extraordinary Session of the Legislature to support and complement the Oil Pollution Act of 1990 (P.L. 101-380) and other federal laws, and to assist the Louisiana Legislature in fulfilling its duty to protect, conserve, and replenish the natural resources of this state in accordance with the mandates of Article IX, Section 1 of the Louisiana Constitution of 1974, as amended;

WHEREAS, the act contains the Louisiana Legislature's findings that the state of Louisiana is subject to greater exposure to a major oil spill disaster than any other state as a result of factors such as "the large volumes of stored oil, numerous production platforms and miles of pipelines, large numbers of inland barges, and heavy tanker traffic, including the Louisiana Offshore Oil Port which receives fifteen percent of the oil imported into the United States[,] . . . coupled with the limited adequate highway access to the coast and remote inland areas for rapid transport of oil spill equipment and few areas suitable for staging facilities . . .";

WHEREAS, for the purpose of developing and coordinating the state of Louisiana's statewide oil spill prevention and response plan, the act created within the office of the governor the office of the Louisiana oil spill coordinator and provided for the office to be administered by a coordinator appointed by the governor; and

WHEREAS, to streamline the operations of the executive department and to better facilitate the office of the Louisiana oil spill coordinator's efforts to fulfill its statutory duties, the best interests of the citizens of the state of Louisiana would be served by increasing the amount of coordination of operations between the office of the Louisiana oil spill coordinator and those of the Department of Natural Resources which maintains the office of conservation, the office of coastal restoration and management, the office of mineral resources, and the Oilfield Site Restoration Commission;

NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: The office of the Louisiana oil spill coordinator (hereafter "Office") shall be housed in the Department of Natural Resources (hereafter "Department") and the coordination of the activities and operations of the Office with those of the Department shall be supervised by the secretary of the Department of Natural Resources (hereafter "Secretary").

SECTION 2: With the exception of the coordinator and deputy coordinator, the appointing authority of all employees of the Office shall be the Secretary.

SECTION 3:

A. The contracts that the coordinator may enter pursuant to the provisions of R.S. 30:2455, et seq., shall be entered by the state of Louisiana through the Office and the Department with the approval and under the co-signature of the Secretary.

B. The Secretary, on behalf of the Department, shall accept and assume primary responsibility for all contracts the coordinator may have previously entered pursuant to the provisions of R.S. 30:2455, et seq.

SECTION 4: All departments, commissions, boards, agencies, and officers of the state, or any political subdivision thereof, are authorized and directed to cooperate with the implementation of the provisions of this Order.

SECTION 5: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the state of Louisiana, at the Capitol, in the city of Baton Rouge, on this 3rd day of September, 1998.

M.J. "Mike" Foster
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State